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RESOLUTION NO. 22-2 <br />BOARD OF COMMISSIONERS <br />ELK RIVER MUNICIPAL UTILITIES <br />A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL <br />UTILITIES AWARDING AND APPROVING ASSIGNMENT OF CONSTRUCTION CONTRACT <br />TO RJM CONSTRUCTION FOR THE ELK RIVER MUNICIPAL UTILITIES FIELD SERVICES <br />FACILITY PROJECT <br /> <br />WHEREAS, Elk River Municipal Utilities (ERMU) and Contractor (RJM) have entered into <br />a certain Standard Form of Agreement between Owner and Construction Manager <br />dated January 12, 2021 (“Contract”), whereby Contractor undertakes the construction <br />management of project known as the ERMU Field Services Facility Expansion Project <br />(“Project”); and <br /> <br />WHEREAS, at its February 9, 2021 meeting the Utilities Commission authorized <br />advertisement of bids and quotes. The project was advertised from February 27, 2021 to <br />March 24, 2021, and bids were opened and publicly read on March 24, 2021; and <br />WHEREAS, the Project bid documents included the proposed contract for the Work (as <br />defined in the Contract); and <br /> <br />WHEREAS, the Contract requires that ERMU assign to RJM all of ERMU’s rights in and to <br />contracts for the construction of the Work (as defined in the Contract) which have been <br />competitively bid and awarded by the Utilities Commission; and <br /> <br />WHEREAS, no quotes were received for quote category 11A at the time of bid opening, <br />and RJM has since received quotes for this quote category; and <br />WHEREAS, the low bidder for quote category 11A – Vehicle Wash Equipment is Lube- <br />Tech Reliable Plus, Inc. with a quoted amount of $59,476.88; <br />NOW, THEREFORE, in consideration of the mutual promise and agreements made in the <br />Contract and other good and valuable consideration the receipt and sufficiency of which <br />is hereby acknowledged: <br />1. ERMU herby grants, transfers and assigns to RJM all of its right, title and <br />interest in and to the contract identified below as included in the bid <br />documents. <br />2. RJM herby consents to and accepts this Assignment and agrees to perform all <br />of its obligations under the Contract for the benefit of ERMU. RJM will enter <br />77 <br />