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5.4c ERMUSR 08-10-2021
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5.4c ERMUSR 08-10-2021
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8/11/2021 10:49:42 AM
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City Government
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ERMUSR
date
8/10/2021
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RESOLUTION NO. 21-15 <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 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; and <br />WHEREAS, bid category 5A was awarded to Thornberg Steel on March 31, 2021, and the <br />Contractor for bid category 5A has since defaulted on their contract and the contract <br />has been terminated; and <br />WHEREAS, RJM has identified a separate and distinct quote category 5A2 that includes <br />the supply and fabrication of structural steel for area B and miscellaneous metals, that <br />was advertised for bids by ERMU on July 17th; and <br />WHEREAS, ERMU received and opened bids on August 9th <br />WHEREAS, RJM is recommending award of quote category 5A2 – Structural Steel & <br />Misc. Metals - Materials to Briese Iron Works, Inc. <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 />HANDOUT AT MEETING - RESOLUTION AWARDING AND APPROVING ASSIGNMENT OF CONTRACT
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