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SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASES This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASES (the "Agreement") is made by and between the City of Mounds View, Minnesota ("Mounds View") and Advanced Engineering and Environmental Services, LLC ("AE2S LLC") f/k/a Advanced Engineering and Environmental Services, Inc. ("AE2S INC.")'. AE2S INC., AE2S LLC, and Mounds View are each individually a "Party" and collectively the "Parties". I. RECITALS WHEREAS, effective March 26, 2019, Mounds View and AE2S INC. entered into an Agreement Between Owner and Engineer for Professional Services (the "Engineer Contract") for AE2S to provide engineering and related services for the 2019 Water Treatment Plant ("WTP") Rehabilitation Project (the "Rehabilitation Project"), which included WTP Facilities Nos.: 1, 2, and 3 and the water pressure Booster Station Facility located in the City of Mounds View, Minnesota (collectively, the "Property"); WHEREAS, the Rehabilitation Project was divided into two phases that Mounds View separately put out for public bidding, with the first phase including, but not limited to, the rehabilitation and construction of WTP Nos.: 2 and 3 (the "Project"); WHEREAS, on or about December 31, 2019, following the public bidding for the Project, Mounds View awarded the Project's contract for construction to Shank Constructors, Inc. ("Shank") pursuant to which Shank would serve as the Project's General Contractor (the "Construction Contract"); WHEREAS, effective January 31, 2020, Mounds View and AE2S INC. entered into an Amendment to Owner -Engineer Agreement for additional services to be performed by AE2S INC. regarding the Project's Construction Phase, Post -Construction Phase, and Construction Phase Instrumentation and Control Services (the "Amendment"); WHEREAS, by letter dated November 25, 2020, to Shank, Mounds View sought a recovery schedule for the ongoing delay of completion of the Project; WHEREAS, by letter dated December 18, 2020, to AE2S INC., Shank requested an equitable adjustment in the Contract Time and reserved its right to seek one in the Contract Price. Shank contended that the Project was delayed, in part, due to numerous design changes and their impact on the sequencing of Shank's work; WHEREAS, effective January 22, 2021, Mounds View and Shank entered into a Tolling Agreement regarding the Project; ' Effective January 1, 2021, Advanced Engineering and Environmental Services, Inc. converted from a Corporation to a Limited Liability Company; and, henceforth was known as Advanced Engineering and Environmental Services, LLC. 1