26-31 - Resolution - MDH Correction Order - WSB - City Agreement

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CITY OF LINO LAKES RESOLUTION NO. 26-31 RESOLUTION APPROVING THE RESOLUTION AGREEMENT BETWEEN THE CITY OF LINO LAKES AND WSB LLC REGARDING MDH CORRECTION ORDERS FOR 20 AFFECTED PROPERTIES WHEREAS, the City of Lino Lakes ("City") and WSB LLC ("WSB") are parties to a January 1, 2014 Professional Services Contract under which WSB provides engineering services to the City; and WHEREAS, as part of the City's 2025 Utility and Street Reconstruction Project, sanitary sewer facilities were installed within 50 feet of private wells on 20 properties in the Pine Haven and Colonial Woods neighborhoods, contrary to Minnesota Rules without a variance; and WHEREAS, WSB, serving as the City's engineer for the project, identified the setback issue following construction, and the Minnesota Department of Health ("MDH") subsequently issued Correction Orders Nos. 250026 and 250027 on September 25, 2025; and WHEREAS, MDH has granted the City an extension until November 30, 2026 to complete the required corrective actions; and WHEREAS, under the 2014 Contract, WSB is obligated to indemnify and hold the City harmless for damages, liability, and costs arising from negligent errors or omissions in the performance of professional services; and WHEREAS, the City and WSB have negotiated a Resolution Agreement establishing responsibilities, corrective actions, reimbursement procedures, and long-term obligations necessary to resolve the issues identified in the MDH Correction Orders; and WHEREAS, the City Council finds that approval of the Resolution Agreement is in the best interest of the City and its residents, ensures compliance with MDH requirements, secures reimbursement for City costs associated with corrective work and provides relief to affected property owners . NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that 1. The Resolution Agreement between the City of Lino Lakes and WSB LLC, attached hereto as Exhibit A, is hereby approved. 2. The Mayor and City Clerk are authorized to execute the Agreement on behalf of the City.