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RESOLUTION 9862 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />APPROVING A SETTLEMENT AGREEMENT TO RESOLVE LITIGATION RELATING <br />TO THE 2019 WATER TREATMENT PLANT REHABILITATION PROJECT. <br />RESCINDING RESOLUTION 9747 AND REJECTING THE BIDS FOR THE <br />REPAIRS AT WATER TREATMENT PLANT #2 RECEIVED DECEMBER 19, 2023 <br />WHEREAS, the City Council approved Resolution 9201 on December 9, 2019 <br />authorizing the Water Treatment Plant Rehabilitation Project (City Project No. 2016-006); <br />and <br />WHEREAS, Staff along with the Advance Engineering Services (AE2S), City <br />Engineer for the project, had been attempting to work with the general contractor to <br />remedy and correct the problems on how the plant is operating; the contractor has <br />disputed any fault and the matter went into litigation, in Ramsey County District Court; <br />and <br />WHEREAS, the City has been in litigation over the past year and a half and <br />recently participated in mediation. A tentative settlement has been reached between by <br />the City and the General Contractor; and <br />WHEREAS, additional work is required to ensure that the treatment plant functions <br />as designed and with the goal to have the plant operational by peak - water demand <br />season for 2024; and <br />WHEREAS, the City Council previously approved Resolution 9747, on April 23, <br />2023, Approving Change Order #17 for Additional Work at Water Treatment Plant #2; and <br />WHEREAS, MBI notified the City that the repair cost increased due to a sub- <br />contractor price increase. This price increase raised the cost of the repair work to the <br />Public bidding requirements; and <br />WHEREAS, the City Attorney Recommended that these repairs be placed out for <br />bidding following the public bid process, and <br />WHEREAS, Advance Engineering Services put together plans and specifications <br />for the needed repairs for Public bidding. A bid opening was held December 19, 2023 at <br />2:OOpm with two bids being received, results of the bid opening as follows: <br />Municipal Builders Inc $442,000.00 <br />Minnesota Mechanical Solutions $451,000.00 <br />WHEREAS, Advance Engineering Services (AE2S) has submitted a cost proposal <br />for inspections and oversite of the repairs at WTP#2 at a cost of $40,278.00; and <br />