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WHEREAS, Border States is the lowest responsible and responsive contractor based on <br />the scope of the project as advertised by ERMU; and <br />WHEREAS, Border States bid also listed optional adders as requested in the <br />specifications for mounting stands at $561.50 each and adapters brackets at $240.64 <br />each; and <br />WHEREAS, ERMU desires to purchase five (5) substation frames and twenty-one (21) <br />adapter brackets in addition to the twenty-six (26) reclosures; <br />NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF <br />ELK RIVER MUNICIPAL UTILITIES, BASED UPON THE FOREGOING RECITALS <br />INCORPORATED HEREIN, AS FOLLOWS: <br />1. WESCO's bid materially deviated from the plans and specifications in the bid <br />advertisement as it provided a type of recloser that is not compatible with <br />the Utility's existing controllers and not inconformity with the provided <br />specifications. WESCO's bid is not responsive and is rejected. <br />2. That the contract to the recommended lowest responsible and responsive <br />bidder, Border States, is awarded in the amount of $573,437.38 for the <br />purchase twenty-six (26) substation reclosers, five (5) substation frames, and <br />twenty-one (21) adapter brackets. <br />3. The Commission Chairperson and General Manager are hereby authorized <br />and directed to enter into a formal contract with Border States for the <br />project according to the plans and specifications on file in the Elk River <br />Municipal Utility's offices. <br />This Resolution Passed and Adopted this 9th day of April, 2024. <br />Joh Di tz, C it <br />Mark Hanson, General Manager <br />230591v1 <br />