Laserfiche WebLink
RESOLUTION NO. 21-8 <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 CONTRACTS TO RIM <br /> CONSTRUCTION FOR THE ELK RIVER MUNICIPAL UTILITIES FIELD SERVICES FACILITY <br /> 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 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. <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 hereby grants,transfers and assigns to RJM all of its right, title and <br /> interest in and to the contracts identified below as included in the bid <br /> documents. <br /> 2. RJM hereby consents to and accepts this Assignment and agrees to perform <br /> all of its obligations under the Contract for the benefit of ERMU. RJM will <br /> enter into the contracts in the same form included in the bid Documents with <br /> the contractors awarded the bids and quotes by ERMU. <br /> 3. This Assignment shall be binding upon and inure the benefit of ERMU and <br /> RJM and their respective heirs, successors and assigns, as the case may be. <br />