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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 bid category 5A2 that includes the <br /> supply and fabrication of Structural Steel for Area B & Miscellaneous Metals - Materials, <br /> that was advertised for bids by ERMU on July 17 and July 24, 2021; and <br /> WHEREAS, bids were opened and publicly read on August 9, 2021; and <br /> WHEREAS, RJM is recommending award of bid category 5A2—Structural Steel & <br /> Miscellaneous 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 />