HomeMy WebLinkAbout9E - Commerce Intersect Specs
CITY COUNCIL AGENDA REPORT
DATE: May 19, 2003
AGENDA #: 9E
PREPARED BY: Bud Osmundson, Public Works Director
SUBJECT: CONSIDER APPROVAL OF RESOLUTIONS REGARDING THE
BOUDIN/COMMERCEITH 13 INTERSECTION IMPROVEMENT PROJECT,
CITY PROJECT NO. 02-05: (1) APPROVING THE EXECUTION OF A
COOPERATIVE AGREEMENT WITH THE CITY OF SAVAGE, (2)
APPROVING THE PLANS AND SPECIFICATIONS FOR THE PROJECT (3)
AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON BOUDIN
STREET AND COMMERCE AVENUE; (4) TO HOLD HARMLESS THE
STATE OF MINNESOTA FOR A VARIANCE FROM A STATE AID DESIGN
STANDARD
DISCUSSION: HISTORY: The proposed Boudin St./Commerce AvenuefTrunk Highway 13
intersection improvement project includes the construction of a new street
linking Boudin Street and Commerce Avenue with a new signalized
intersection on TH 13 as shown on the attached drawing. The new
intersection will connect to South Park Drive in Savage. The new
intersection has been discussed for at least 7 years. With the SuperTarget
development on the east side of TH 13 in Savage, the project has been
pushed for construction in 2003.
A Memorandum of Understanding with the City of Savage for the proposed
project was approved, and WSB & Associates was hired to prepare the plans
and specifications on May 6, 2002. On March 17, 2003 the City Council
approved the request for a variance from Municipal State Aid Standards for
the horizontal curve speed design for the project. Staff was successful in
obtaining this variance. Most recently, on April 21, 2003, the City Council
took action to begin eminent domain proceedings to acquire the necessary
right of way for the proposed street.
The purpose of this agenda item is to consider four resolutions that must be
undertaken to proceed with the project. The first resolution is to approve and
execute a Cooperative Agreement with the City of Savage for cost sharing for
the project. The second resolution is to approve the plans and specifications
so that they can be sent to MnDOT State Aid for review. The third and fourth
resolutions are required for State Aid approval. The third resolution restricts
parking on the proposed new street and the fourth resolution is to indemnify
the State for the variance from State Aid design rules.
AgJn~fQ,g ~~~~.~.w~~!n~t!~ttfcrb<6h.~ke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CURRENT CIRCUMSTANCES:
Cooperative Agreement: The proposed Cooperative Agreement with City of
Savage outlines the project cost splits and responsibilities for each City for
the project. The agreement is attached. Each city is responsible for the right
of way and construction costs in their respective cities, and the construction
engineering fees would be split in proportion to the construction cost splits.
We have not been successful in obtaining funding from MnDOT, and the
previous MOU states that the City of Savage will be responsible for those
costs that MnDOT would normally be responsible for. In the new agreement,
Savage has agreed to those cost splits, which is generally a 75% Savage,
25% Prior Lake cost split.
The following table outlines our latest cost estimates and cost splits:
Item Prior Lake Savage Total
Boudin/Commerce $267,143 0 $267,143
Construction
B/C San Sewer. & Water $163,934 0 $163,934
B/C Storm Sewer $45,305 0 $45,305
TH 13 South Of CH 42 $519,861 $1,559,582 $2,079,443
TH 13 South Of CH 42 $63,402 $190,206 $253,608
Storm Sewer
TH 13 North of CH 42 0 $521,702 $521,702
Quebec / CH 42 0 $135,060 $135,060
improvements
SavaQe Storm Sewer 0 $166,806 $166,806
Total Construction Cost $1,059,645 $2,573,356 $3,633,001
Engineering & $211,929 $514,671 $726,600
ContinQency (1)
Total $1,271,574 $3,088,027 $4,359,601
Notes: (1) This includes the Design Engineering, plus the Construction
Engineering which totals 15 % of the Construction Cost, plus a 5 %
Contingency for unforeseen construction cost changes. (This is an
estimate.)
Based on this estimate showing that Savage had the majority of the cost for
the project, it was determined that Savage be the lead agency in managing
the project. This means that Savage will process the construction payments
and the construction engineering contract and invoice Prior Lake according to
the cost splits.
This project has been identified in the City CIP for a number of years and will
improve the safety of motorists accessing TH 13 in this part of the City. If the
City Council still wants to move forward with this project, then Staff
recommends that the City enter into the MOU with the City of Savage.
Agenda app coop ag, p&s, no pkg, indemnification.doc
Plan Approval: The plans for the project are complete and a set of plans will
be available at the meeting. The plan includes the street alignment with the
20 to 25 mph curves, which required the variance from State Aid Standards.
We are still in negotiations with the 4 property owners for portions of their
property which are needed as right of way for the new roadway.
Parking and Indemnification: The variance request for 20 & 25 mph
curves on the new Commerce/Boudin street minimized the property required
for ROW. The No Parking & Hold Harmless resolutions are required for
State Aid approval and to allow the City to use Municipal State Aid (MSA)
funds to construct this project.
CONCLUSION: The action required tonight is just one more step needed to
move forward with the project. After we receive State Aid approval the bid
date will be set. We are working toward a June 18 bid opening. Per the new
Cooperative Agreement, Savage will be taking all official action on the project
including awarding of the contract. If the bids come in high, we may have to
call a special City Council meeting during the week of June 23 to discuss the
options. If the bids come in as estimated or below, there will be no action
needed by the Prior Lake City Council. All payments to the City of Savage
will go through the billing payment process at the regularly scheduled Council
meetings and staff will be very involved with the construction process.
ALTERNATIVES: If the Council wishes to proceed with this project it must adopt all four
resolutions. The alternatives are as follows:
1. Motions to Approve:
. A resolution to approve and to authorize the execution of the Cooperative
Agreement with the City of Savage.
· A resolution approving the plans and specifications for City Project No. 02-
05.
. A resolution to hold harmless the State of Minnesota for a variance from
State Aid design standards for State Aid Project 201 - 010 - 01, the
Boudin/Commerce/TH 13 Improvements, City Project No. 02-05.
· A resolution Restricting Parking on State Aid Project 201 - 010 - 01, the
Boudin/Commerce/TH 13 Improvements, City Project No. 02-05.
2. Table any of the resolution for a specific reason.
3. Deny the Resolutions.
RECOMMENDED
MOTION: Staff recommends Iternative 1 described above.
Agenda app coop ag, p&s, no pkg, indemnification. doc
RESOLUTION 03-xx
RESOLUTION APPROVING AND EXECUTING A COOPERATIVE AGREEMENT
WITH THE CITY OF SAVAGE
FOR THE CONSTRUCTION OF THE BOUDIN STREET AND COMMERCE AVENUE
INTERSECTION WITH STATE TRUNK HIGHWAY 13 IMPROVEMENTS,
CITY PROJECT NO. 02 - 05
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
The City of Prior Lake and the City of Savage agree that major roadway
improvements are needed to TH 13 between CSAH 42 and Boudin Street,
and
The City of Prior Lake and the City of Savage agree that as part ofthe
improvements a new signalized intersection between Boudin Street and
Commerce Avenue, which would align with Southpark Drive in the City of
Savage, should be constructed, and
The City of Prior Lake and the City of Savage agree that the roadway
improvements will serve to enhance public safety and increase economic
development opportunities in both communities, and
The City of Prior Lake and the City of Savage mutually agree to move
forward with the project improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that:
1. The recitals set forth above are incorporated herein.
2. The City Council approves the attached Cooperative Agreement with the City of Savage and
authorizes the necessary signatures.
Passed this 19th day of May 2003.
{ Seal }
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
Maintenance Center
resoappro~i1lOlP~lAdtdPmmrt St. S.E., Prior Lake, Minnesota 55372 / Ph. (952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNITY EMPLOYER
J,-llVNE s Oi. ~
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
FOR THE BOUDIN/COMMERCE/TH 13 INTERSECTION IMPROVEMENTS,
CITY PROJECT NO. 02-05,
S.A.P. NO. 201- 010 - 02
RESOLUTION 03-xx
MOTION BY:
SECOND BY:
WHEREAS,
The City has planned the new intersection of Boudin Street and Commerce
Avenue with Trunk Highway 13 and identified this project for construction
in the Capital Improvement Program in 2002, and
WHEREAS,
A Memorandum of Understanding with the City of Savage was approved
and authorization to prepare plans and specifications for this project was
approved by Council on May 6, 2002, and
WHEREAS,
The consulting engineer retained for this project has prepared plans and
specifications for the improvements, and
WHEREAS,
Such plans and specifications have been presented to the Council for
approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. That the plans and specifications for the Boudin/Commerce/TH 13 Intersection Improvements,
City Project No. 02-05, S.A.P. No. 2-1 - 010 - 02, a copy of which is attached hereto and made a
part hereof, are hereby approved.
Passed and adopted this 19th day of May 2003.
Blomberg Blombefl!:
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{ Seal }
City Manager
City of Prior Lake
Maintenance Center
Agendaap}1~P'&Mehlllafig} S.~rtmiicjlt~ior Lake, Minnesota 55372 / Ph. (952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNIlY EMPLOYER
RESOLUTION 03-xx
A RESOLUTION RELATING TO PARKING RESTRICTIONS
FOR CITY PROJECT NO. 02 - 05, S.A.P. 201-010-02,
FROM STATION 10+35.00 TO STATION 23+35,
ON BOUDIN STREET AND COMMERCE AVENUE
MOTION BY:
SECOND BY:
THIS RESOLUTION, passed this 19th day of May, 2003, by the City of Prior Lake in Scott County,
Minnesota. The municipal corporation shall hereinafter be called the "City".
WHEREAS,
The City has planned the new intersection improvements of Boudin Street and
Commerce Avenue with Trunk Highway 13, Municipal State Aid Project No.
201 - 010 - 02, and
WHEREAS,
The City will be expending Municipal State Aid Funds on these improvements;
and
WHEREAS,
This improvement does not provide adequate width for parking from station 10+35
to station 23+35 on either side of the new street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the City shall ban the parking of motor vehicles on both sides on the new Boudin
Street and Commerce Avenue, MSAS 201 - 010 - 02 at all times within the limits, as described above.
Passed this 19th day of May 2003.
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
City Manager
City of Prior Lake
Maintenance Center
x:\ds~~odaiEC;oIiTilm~aMil1l5\eso>tmr6ftffi1~-'}lHRl\D(952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 03-xx
A RESOLUTION TO HOLD HARMLESS THE STATE OF MINNESOTA
FOR A VARIANCE FROM STATE AID DESIGN STANDARDS
FOR CITY PROJECT NO. 02 - 05, S.A.P. 201-010-02,
FROM STATION 10+35 TO STATION 23+35
ON BOUDIN STREET AND COMMERCE AVENUE
MOTION BY:
SECOND BY:
THIS RESOLUTION, passed this 19th day of May, 2003, by the City of Prior Lake in Scott County,
Minnesota. The municipal corporation shall hereinafter be called the "City".
WHEREAS,
The City has planned the new intersection improvements of Boudin Street and
Commerce Avenue with Trunk Highway 13, MSAS 201 - 010 - 02, and
WHEREAS,
The City will be expending Municipal State Aid Funds on the improvement of this
street; and
WHEREAS,
The City applied for and received a variance from the Minnesota Rule 8820.9936
requiring a horizontal design speed of 30 mph subject to the City indemnifying the
State of Minnesota from any claims arising out of the granting of the variance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the City indemnifies, saves, and holds harmless the State of Minnesota and its
agents and employees of and from any and all claims, demands, actions or causes of action arising out of
or by reason of, the construction project of the new intersection of Boudin Street and Commerce Avenue
with State TH 13 in the City of Prior Lake in any manner other than in accordance with Minnesota Rules
8820.9936 and further agrees to defend at their sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising as a result of the
granting of this variance.
Passed this 19th day of May 2003.
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
City Manager
City of Prior Lake
Maintenance Center
x:\~~J1\de~otSmGoImti~~a~baII~~.par:(952) 440-9675 / Fax (952) 440-9678
AN EQUAL OPPORTIJNfIY EMPLOYER
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4150 Olson Memorial Highway
Sulle 300
MInneapolis. MN 55422
Variance Request
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WSB
Frontage Road
City of Prior Lake, Minnesota
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783-5o<1~8CO
FAX 783-50<1-1700
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WSB Project No. 1366-01
11
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Dale: Febl\J8ry 28, 2003
Project Location
Figure 2
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CONSTRUCTION COOPERATIVE AGREEMENT BETWEEN~
THE CITY OF SAVAGE AND THE CITY OF PRIOR LAKE
FOR TRUNK HIGHWAY 13 IMPROVEMENTS ~
___ J.OO?> ~
TIDS AGREEMENT, made and entered into this _ day oqio, by and between the City of Savage, a ~~
body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the
"Savage" and the City of Prior Lake, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred as "Prior Lake."
~
~5
WHEREAS, the City of Savage and the City of Prior Lake have been negotiating to bring about the
improvement of State Highway 13, from approximately Boudin Street in Prior Lake to Connelly Parkway
in Savage, which improvements contemplate and include grading, aggregate base, plant-mixed
bituminous pavement, concrete curb and gutter, storm sewer, bituminous sidewalk, landscaping, frontag. e_ / '
road improvements, signal construction, and other related improvemenE ~ il~j
WHEREAS, Savage and Prior Lake have executed a Memorandum of Understanding on May 6, 2003
setting forth the preliminary terms of a cost share agreement to complete the improvements; and
WHEREAS, WSB has been selected by Savage and Prior Lake to serve as the consultant engineer for this
proj ect; and
WHEREAS, WSB has heretofore prepared an engineer's estimate of quantities and unit prices of material
and labor for the above described projects and an estimate of the total cost for contract work in the sum of
Three Million, Six Hundred Thirty-Three Thousand, Two Dollars and Eight cents ($3,633,002.08).
A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part hereof;
and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of
M.S. Sec. 162.17, Subd. 1. JA. _ \~ A. n ~
Vi- ~~ ~~(,U'... ~"t"~ ~ l
NOW, THEREFORE~S HIlREBY AGREilP: ~ ~ ~
fu ~ ~~f1,.. ~:Z-,.-.p- Q.tt-~~ ~r\ \ ~
~4-~:a:.. t-O ~ ~
avage or its agents will advertise for bids for the work and construction of the aforesaid Project, receive ~'h.,.
and open bids pursuant to said advertisemen d enter into a contract with the successful biddeifat the - 1
unit prices specified in the bid of such bidd .. . e.
The contract is in fo~ and specifications prepared by WSB, which said p~ and
specifiCationsp~~ .~~~ 1w-(~
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Savage shall have overall authority t~dminister the contract and inspect the construction of the contract
work contemplated herewith. sa~vl ;hall have ultimate authority in initiating and determining change
orders, supplemental agreements final quantities. Savage shall cooperate with Prior Lake at their
request to the extent necessary, but shall have no other responsibility for the supervision of the work,
except for the construction engineering related to the sewer, water, storm sewer and frontage road
improvements in the City of Prior Lake.
~ cw.J- ~
Prior Lake shall reimburse Savage for its share in the construction cost of the ~tract Jrk f~
proj ects and the total final contract construction cost shall be apportioned as set forth in the Division O~f )
Cost Summary in said Exhibit "~" ~ttached hereto Prior Lake shall reimburse Savage for the total
construction cost of the Gmtract ~rk for: City Pro'ect 02-01 as shown in Exhibit "B" attached hereto. It
is further agreed that the Engineer's ij's' ates re rred to in this~eement are estimates of the
construction cost for the temtract ~k said rojects and that the unit prices set forth in the contract
with the successful bidder and the fin quanti es as measured by the Engineer shall govern in computing
the total final contract construction st for a portioning the cost of said projects according to the
provisions of this paragraph. ~ ~ ~ .
"J ~
~tion to payment of the ~ construction cost, Savage and Prior Lake further agree to .7
I A n!J)Jl ~participate in the Engineering, which includes all costs of planning, design and preparation of plans and
1$\"-- specifications, in an amount often percent (10%) of the cost of construction. Savage and Prior Lake
further agree to participate in the Construction Engineering, which includes the complete staking,
inspection and su . io of the construction, in an amount of eight percent (8% of the final p~~tract l"
amount. Th C un d ity further agree to participate in the administration the ~ntract ~k,
which include oordina on with the contractor, processing of payment, and pr aration of contract
documents ~ ange orde /supplemental agreements), in an amount of three p cent (3%) of the final
contract ~ount. ~ ~) qt7Jv ~ -;?
~d~ (~~ ~ . 'f~/o 'P.L- /,
~ed on the contract price, deposit with the City of Savage Finance Director, one ~;111
hundred percent (100%) of the estimated Prior Lake share of the construction and engineering costs as Ai.- .
partial payment within thirty (30) days after award of contract and execution of this Agreement, -
whichever is later. ~ be..--- ~ '1 q - (- c) :,
The final amount of Prior Lake's ~e of construction and engineering costs of these projects shall be
determined and any amount due ~aid to Savage upon completion of the projects and submittal to Prior
Lake ofWSB's final, itemized, statement of the projects costs.
Construction Cooperative Agreement
City of Savage and City of Prior Lake
2
. "--....-. '
Construction Cooperative Agreement
City of Savage and City of Prior Lake
3
In the event the initial payment exceeds Prior Lake's share of these final costs, such overpayment shall be
returned to Prior Lake by Savage.
. vrI
(ws==thI~reports as provided in the specifications.
shall be furnished to Prior Lake and Savage.
A copy of these reports
'V1!L
In the event that a dispute arises, Savage and Prior Lake agree that all disputes between them arising out
of or relating to this Agreement shall be submitted, upon agreement by both parties, to non-binding
mediation, unless the parties mutually agree otherwise, with the cost being shared equally.
'Vffi- ~ -
~~~
All records kept by stage and Prior Lake with respect to this project shall be subject to examination by
the representatives 0 ach party .hereto. All data collected, created, received, maintained or disseminated
for any purpose by the activities of Savage or Prior Lake pursuant to this Contract shall be governed by
Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in
force or hereafter adopted.
"flh1
Upon completion of these projects, Savage, at its expense, shall maintain all storm sewer appurtenances,
including all storm water quality (NURP) ponds within the Savage City limits, and Prior Lake, at its
expense, shall maintain all storm. sewer appurtenances, including all storm. water quality (NURP) ponds
within the Prior Lake City limits.
X l
,{Oo+- .
Ndtha Savage, its officers, agents or employees, either in their individual or official capacity, shallJoe
responsible or liable in any manner to Prior Lake for any claim, demand, action or cause of action of any
kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or
replacement work by Prior Lake, or arising out of the negligence of any contractor under any contract let
. or ake for the performance of said work; and Prior Lake agrees to defend, save and keep said
Coun . s officers, agents and employees harmless from all claims, demands, actions or causes of action
arIsing out of negligent performance by Prior Lake, its officers, agents or employees.
XIJ:.
!tis :further agrees that u.dthc:r Prior Lake, its officers, agents or employees, either in their individual or
official capacity, shall be responsible or liable in any manner to Savage for any claim, demand, action or
1}J~
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Construction Cooperative Agreement
City of Savage and City of Prior Lake
4
..
cause of action of any kind or character arising out of, allegedly arising out of or by reason of the
performance, negligent performance or nonperformance of the hereinbefore described maintenance,
restoration, repair or replacement work by Savage, or arising out of the negligence of any contractor under
any contract let by Savage for the performance of said work; and Savage agrees to defend, save and keep
Prior Lake, its officers, agents and employees hannless from all claims, demands, actions or causes of
action arising out of negligent performance by Savage, its officers, agents or employees.
-XII (
It;1:: ii~r ayc"d.th8.t~h party to this-tkeement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character
arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of any work or part hereofby the other as provided herein; and each party further agrees
to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting
any claim of whatsoever character arising in connection with or by virtue of performance of its own work
as provided herein.
.*IH
liS!-
1t ii :fu.rt:her agreen th~t~y and all employees of Prior Lake and all other persons engaged by Prior Lake
in the performance of any work or services required or provided herein to be performed by Prior Lake
shall not be considered employees, agents or independent contractors of Savage, and that any and all
claims that mayor might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of Prior Lake employees while so engaged and any
and all claims made by any third parties as a consequence of any act or omission on the part of Prior Lake
employees while so engaged in any of the work or services provided to be rendered herein shall be the
sole responsibility of Prior Lake shall in no way be the obligation or responsibility of Savage.
Any and all employees of Savage and all other persons engaged by Savage in the performance of any
work or services required or provided for herein to be performed by Savage shall not be considered
employees, agents or independent contractors of Prior Lake, and that any and all claims that mayor might
arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of Savage employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of Savage employees while so engaged in any
of the work or services provided to be rendered herein shall be the sole responsibility of Savage and shall
in no way be the obligation or responsibility of Prior Lake.
~ XV
The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and
discrimination and the affirmative action policy statement of Savage; shall be consi~ered a part of this
~eement as though fully set forth herein. L CiA I 10 "'1'.".1\ ~~'t..-
... ,0,. _......,..._.-~.,_.....,.......____....." _,_.
Construction Cooperative Agreement
City of Savage and City of Prior Lake
5
IN TESTllvfONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
By
And
Jack G. Haugen, Mayor
Frank Boyles, City Manager
Date
Date
~ l1J1/J ~ IUtvl ~.e{.l_I.J"m
P.lr ~ ~ CITY OF SAVAGE
(SEAL)
By
And
Thomas M. Brennan, Mayor
Barry A. Stock, City Administrator
Date
Date
~ ct41P -4mw. cu.vt ~"
-
~~~