4.10 SR 04-15-2024 - Laserfiche WebLink

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C. The Parties now desire to settle the Released Claims as that term is more fully defined below. Part of the consideration for this settlement involves the design and construction of a project for the City to replace the existing screw presses with new centrifuges (the "Repair Project"). The Repair Project involves the following Parties agreeing to perform the following work: • Design -Build Contract. BMI will design and furnish the scope of the Repair Project under an agreement between BMI and the City, which is attached as Exhibit A. The scope of the repair work includes replacing the existing screw presses with new centrifuges. As part of its scope of work, BMI has agreed to manage and pay for the disposal of waste at the City's plant during the time the screw presses are removed and replaced with the new centrifuges ("Waste Removal and Disposal Work"). • General Construction. Except for the Waste Removal and Disposal Work and the supply of the centrifuges, BMI will subcontract all repair work included in the Repair Project to RLC. This subcontract, which is attached as Exhibit B-I, will require BMI to furnish to RLC the new centrifuges and will exclude the Waste Removal and Disposal Work from RLC's scope of work. RLC's scope of work will include the installation of the new centrifuges. • Centrifuge Supply. BMI will supply new wastewater treatment centrifuges to the plant site under a contract directly with the equipment manufacturer.. FOR GOOD AND VALUABLE CONSIDERATION, the Parties agree as follows: 1. BINDING EFFECT. The terms of this Agreement shall be binding upon and be enforceable against and shall inure to the benefit of the Parties jointly and severally and the heirs, successors, insurers, carriers, personal representatives, and assigns of each. The Parties acknowledge that this Agreement was the result of mediation sessions and follow up settlement negotiations conducted by John M. Harens (the "Mediator") and that they each received in writing the statutory mediation disclosures including the following: • the Mediator has no duty to protect their interests or provide them with information about their legal rights; • signing a mediated settlement agreement may adversely affect their legal rights; and City of Elk River / BMI /PLC/ Vessco/SBI 2 Settlement Agreement Page 109 of 201