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forms have been submitted. ERMU's possible exposure due to fines on unfiled IC-134s <br />would justify most, if not all, of the full withholding. RJM has stated the retainage should <br />be based solely on the non -compliant subcontractors: Sambatek = $682, Windsor = <br />$1,359, Ultra = $34,788, Wolf River = $31,262 (or $68,091 in total). RJM has not <br />provided a position on what, if any, of the total amount would be offered to ERMU as <br />part of a closeout agreement. <br />DISCUSSION: <br />It is highly unlikely RJM will agree to close out the project with ERMU keeping the entire <br />$250,000 currently retained. Rather, each issue will be debated on its own merits resulting in a <br />mutually agreed upon total amount. <br />To ensure a potential agreement aligns with commission expectations, staff requests <br />commission direction if a specific outcome is desired on any of the above issues. Absent specific <br />direction, staff will work with ERMU's legal counsel to pursue the most advantageous outcome <br />overall. Once a potential agreement is reached, staff will bring it to a future commission <br />meeting for approval. <br />Page 2 of 2 <br />100 <br />