09.05 - WWTF Change Order & MnDOT Joint Powers Agreement Revision

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P City equ Lies- 4638 Coin RoAD 11 • PEQuoT Lu<Es,MN 56472• (218) 568-5222•FAx: (218) 568-5860•wwwpequotlakes-mn.gov June 21, 2016 Mr.James Hallgren, Project Manager MnDOT District 3 7694 Industrial Park Road Baxter, MN 56425 Re: Joint Powers Agreement, MnDOT Contract No. 1001092 Dear Mr. Hallgren: This letter is in regards to Article 3.2 of the above referenced Joint Powers Agreement between MnDOT and the City.This Article 3.2 indicates that the State grants the City(and its contractors)the right to occupy the new 4-lane Highway 371 Right-of-Way(R/W)for the operation and reconstruction of the City's wastewater treatment facility(WWTF)system up to August 1,2016. The City's WWTF Construction Contractor is ahead of schedule within this new MnDOT R/W corridor. The City's WWTF Construction Contractor no longer needs access to or across this new MnDOT R/W corridor.See the enclosed Change Order No. 1 from the City's WWTF project. Thus,the City hereby requests the Monday,August 1, 2016 date in Article 3.2 be changed to Wednesday,June 29, 2016. We understood MnDOT's Design-Build Contractor(DBC)was not to use this new MnDOT R/W corridor until September 1, 2016.The DBC has been using this corridor, in a minor capacity,almost from the first day.The City has accepted these crossings. However,with this'early release',the City in turn requests that the DBC coordinate with the City's WWTF Construction Contractor on any crossings they may need to make before completely closing off this R/W corridor(in case there are any minor City WWTF work items yet to complete). The City understands that there is no direct incentive to the City for vacating this new MnDOT R/W corridor 5 weeks ahead of schedule. If there was some trade-off related to this in the future,the City would be open to discussing it. For now,though,the City believes this early release will be a benefit to the project as well as to the area so that the DBC can possibly finish up various aspects impacting the City, its businesses, and its residents in an earlier time frame. The City understands all other provisions of the Joint Powers Agreement remain in place. "This institution is an equal opportunity provider and employer."