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TOLLING AGREEMENT <br />THIS TOLLING AGREEMENT ("Agreement") is effective as of January 22, 2021 (the <br />"Effective Date") by and between the City of Mounds View, 2401 Mounds View Blvd., Mounds <br />View, Minnesota 55112 (the "Owner") and Shank Constructors, Inc., 3501 85th Avenue North, <br />Brooklyn Park, Minnesota 55443 (the "Contractor"). Owner and Contractor are each also <br />individually referred to in this Agreement as a "Party" and collectively referred to as "Parties". <br />WHEREAS, on or about December 13, 2019, Owner and Contractor entered into a <br />contract for the Mounds View 2019 WTP Rehabilitation (the "Construction Contract"), to perform <br />certain improvements to Mounds View's water treatment facilities (the "Project"); <br />WHEREAS, Contractor's work on the Project is ongoing; <br />WHEREAS, Owner notified Contractor of concerns about Project delays when WTP3 was <br />not completed before the intermediate substantial completion date as set forth in the Construction <br />Contract; <br />WHEREAS, following the notice of delay, Contractor has submitted certain proposed <br />change orders ("PCOs") that request additional compensation and additional time to complete the <br />work under the Contract claiming, among other things, excusable delays and the Owner's order to <br />accelerate the work on the Project (the "Contractor's Claims"); <br />WHEREAS, the Owner disputes and has denied the Contractor's Claims and alleged that <br />Contractor has not adequately managed to project and has caused the delayed completion of the <br />work on the Project as required by the Construction Contract (the "Owner's Claims"); <br />WHEREAS, pursuant to the Contract, the denial of Contractor's Claims by the Owner <br />triggers an obligation by Contractor to pursue certain claim and dispute resolution procedures; <br />1 <br />