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MEDIATED SETTLEMENT AGREEMENT AND RELEASE <br />THIS MEDIATED SETTLEMENT AGREEMENT AND RELEASE is fully effective as <br />of August 11,2021,and is entered into by Sunram Construction Inc.,the City of Arden Hills and <br />WSB and Associates,Inc.The City of Arden Hills and WSB shall sometimes jointly be referred <br />to as the Defending Parties.Each of the Parties may sometimes be referred to individually as a <br />RECITALS <br />WHEREAS,WSB’s services for the Project included preparation of contract documents, <br />plans and specifications (referred to herein as the “Design Documents”),bidding assistance, <br />contract administration and review of shop drawings. <br />WHEREAS,the Project as designed by WSB included approximately 4,700 feet of new <br />bituminous trail,4,500 feet of trunk watermain,concrete curb and gutter,retaining walls, <br />stormwater management improvements,and related work. <br />WHEREAS,the City publicly advertised for bids to construct the Project per the Design <br />Documents prepared by WSB. <br />WHEREAS,Sunram submitted claims to the City seeking additional compensation for <br />work related to the construction of the retaining walls,placement of additional catch basins and <br />additional traffic control,and for any other amounts claimed as due under the Construction <br />Contract (the “Claims”). <br />WHEREAS,the City of Arden Hills (the “City”)retained WSB and Associates,Inc. <br />(“WSB”)to provide engineering services for the Old Snelling Train Extension &Water Main <br />Improvements,City Project Number PW-17-0100 (the “Project”). <br />WHEREAS,the City awarded the Project to Sunram Construction,Inc.(“Sunram”)and <br />entered into a written agreement (the “Construction Contract”)wherein Sunram agreed to <br />complete the work per the Design Documents. <br />WHEREAS,Sunram commenced a lawsuit against the City in Ramsey County.The City <br />denied liability but advised WSB that it felt obligated to consider a third Party action against <br />WSB seeking indemnity for any liability to Sunram and alleging that at least some of the <br />WHEREAS,the City and WSB disputed Sunram’s claims and felt Sunram was seeking <br />additional payment for work included in the Design Documents and Sunram’s base bid. <br />“Party”or collectively as the “Parties.”