2.2 EMRUSR 09-10-2024 - Laserfiche WebLink

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Chair Dietz then inquired about the amount of staff time dedicated to the plant. Mr. Tietz explained that three staff members are present when the engines are run, totaling approximately four hours per month. 5.7 Field Services Building Project Closeout Mr. Hanson presented a memo on the closeout of the Field Services Building project and requested specific direction from the commission based on the information provided. He noted that ERMU is withholding $250,000 from the final invoice due to several issues outlined in the memo. ERMU's attorney recommends entering negotiations with the contractor's attorney, as it is unlikely the contractor will agree to the full deduction. Chair Dietz asked for confirmation that the contractor did not provide lien waivers. Mr. Hanson clarified it was the IC-134 forms that were missing. Commissioner Zerwas stated that at some point the Commission and staff should be able to have, under Minnesota Data Practices Law, a closed meeting with ERMU's attorney to discuss potential litigation. Mr. Hanson confirmed this, adding he was advised by ERMU's attorney that there needs to be a threat of a lawsuit or an actual settlement to bring before the Commission. Mr. Hanson also clarified that the 1% retainage must be released if the subcontractor has certified that they have met their Minnesota withholding tax requirements. There was discussion. Mr. Hanson noted that discussions are ongoing between attorneys and both sides are working towards a friendly resolution. Commissioners reached consensus to allow the attorneys for both parties to continue with the negotiations. Chair Dietz inquired if legal fees are being charged to the legal expenses budget. Ms. Karpinski confirmed they are. 6.0 BUSINESS DISCUSSION 6.1 Staff Updates Mr. Hanson noted he will be out of the office leading up to Minnesota Municipal Utilities Association's Summer Conference. Elk River Municipal Utilities Commission Meeting Minutes August 13, 2024 Page 7 .;