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RESOLUTION NO. 21-3 <br /> BOARD OF COMMISSIONERS <br /> ELK RIVER MUNICIPAL UTILITIES <br /> A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL <br /> UTILITIES APPROVING ASSIGNMENT OF CONSTRUCTION CONTRACT TO RJM <br /> CONSTRUCTION FOR THE ELK RIVER MUNICIPAL FIELD SERVICES FACILITY PROJECT <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 /> 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 /> WHEREAS, the final Contract amendments will require that ERMU assign to RJM all of <br /> ERMU's rights in and to contracts for the construction of the Work (as defined in the <br /> Contract) which have been competitively bid and awarded by the Utilities Commission. <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 /> into contract in the same form included in the bid Documents with the <br /> contractor awarded the bid by ERMU. <br /> 3. This Assignment shall be binding upon and inure the benefit of ERMU and <br /> RIM and their respective heirs, successors and assigns, as the case may be. <br /> q <br />