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RESOLUTION NO. 21-18 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 low bidder for quote category 7A—Waterproofing&Weatherproofing is Homeco Insulation, Inc. with a quoted amount of$36,935.00; 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: 1. ERMU herby grants, transfers and assigns to RJM all of its right,title and interest in and to the contract identified below as included in the bid documents. 2. RJM herby consents to and accepts this Assignment and agrees to perform all of its obligations under the Contract for the benefit of ERMU. RJM will enter into contract in the same form included in the bid Documents with the contractor awarded the bid by ERMU.