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RESOLUTION NO. 21-11 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES AWARDING AND APPROVING ASSIGNMENT OF CONSTRUCTION CONTRACT TO RJM CONSTRUCTION FOR THE ELK RIVER MUNICIPAL FIELD SERVICES FACILITY PROJECT WHEREAS, Elk River Municipal Utilities (ERMU) and Contractor(RJM) have entered into a certain Standard Form of Agreement between Owner and Construction Manager dated January 12, 2021 ("Contract"), whereby Contractor undertakes the construction management of project known as the ERMU Field Services Facility Expansion Project ("Project"); and WHEREAS, at its February 9, 2021 meeting the Utilities Commission authorized advertisement of bids and quotes.The project was advertised from February 27, 2021 to March 24, 2021, and bids were opened and publicly read on March 24, 2021; and WHEREAS, the Project bid documents included the proposed contract for the Work(as defined in the Contract); and WHEREAS, the Contract requires that ERMU assign to RJM all of ERMU's rights in and to contracts for the construction of the Work (as defined in the Contract) which have been competitively bid and awarded by the Utilities Commission; and WHEREAS, the bid tabulation for quote category 12A—Window Treatments incorrectly listed the quoted amount of American Drapery as$27,886 versus the actual quoted amount of$50,943.97, and the award of this category was awarded to American Drapery in error, voiding the award; and WHEREAS, the low bidder for quote category 12A—Window Treatments is CE Contract with a quoted amount of$35,275.00; and WHEREAS, RIM has agreed that the award of quote category 12A—Window Treatments to CE Contract will not adjust the Guaranteed Maximum Price. NOW,THEREFORE, in consideration of the mutual promise and agreements made in the Contract and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: