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Scope of Work Agreement Between the City of Elk River and Bolton & Menk. <br />Inc. Per Mediated Settlement Agreement in Sherburne County District Court <br />Case No. 71-CV-22-3991i <br />1.1 GENERAL <br />A. The Work or Repair Project (are interchangeably used and defined <br />below) required by this Scope of Work is part of the Mediated <br />Settlement Agreement in the litigation in Sherburne County District <br />Court, Case File No. 71-CV-22-399. <br />B. The "Work" and "Repair Project" are, collectively, the providing, <br />furnishing, performing and transporting all labor, plants, tools, <br />equipment, materials, supplies, systems, manufactured articles, <br />services, fuel, power, water, essential communications and operations <br />required to replace the Existing Screw Presses with the New Centrifuge <br />System for the City of Elk River's Wastewater Treatment Facility (the <br />"Facility") including all items described in this Scope of Work, with the <br />express requirement that the Facility have a through put capacity of no <br />less than 1190 dry lb per hour per system unit, and with both units <br />operating they will produce 2380 dry pounds per hour. <br />C. The "Existing Screw Presses" are Ishigaki USA Ltd. Model ISGK-A-0906. <br />D. The "Existing Reaction Mix Tanks" are Ishigaki USA Ltd. 300 gallon. <br />E. The "New Centrifuge System" is comprised of Two (2) Alfa Laval USA, <br />Inc. Model ALDECG3-75 units. <br />F. Bolton & Menk ("Design -Builder") shall deliver the completed Work on <br />a turn -key basis and at no cost or expense to the City of Elk River <br />("Owner"). Owner agrees that Design -Builder may furnish all, or any <br />portion, of the Work pursuant to a separate written contract between <br />Design -Builder and Rice Lake Contracting Corporation ("Contractor"); <br />provided, however, that such separate contract must: <br />1. comply with the insurance requirements set forth in this Scope of <br />Work; <br />2. include commercially reasonable and customary indemnification, <br />defense and hold harmless provisions that include Owner as an <br />indemnified party therein; <br />3. include commercially reasonable and customary contractor and <br />supplier warranties and state that all such warranties are for the <br />benefit of, and may be enforced by, Owner; <br />Page 116 of 201 <br />