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Mounds View City Council October 22, 2001 <br />Regular Meeting Page 14 <br />Council Member Stigney indicated he would like the City Attorney to draft a letter demanding <br />satisfaction on behalf of the City as, warranty aside, the system was not properly installed which <br />is the fault of the contractor. <br />Council Member Stigney asked what type of warranty Mr. Derrick had. <br />Mr. Derrick indicted he would not be installing any equipment at the Community Center and, as <br />such, did not have a warranty. <br />City Attorney Vose indicated it maybe an uphill battle trying to get the contractor to pay for the <br />repairs given the existence of a warranty and the payment and acceptance of delivery. <br />Council Member Stigney stated that something has to work for its intended purpose and this <br />system did not. He then indicated he would think a letter from the City Attorney might elicit a <br />different response. <br />Council Member Thomas indicated she was fine with pursing whatever means the City can to <br />recoup the funds to repair the system but said she feels it is time to fix the system now before the <br />heating season is in full swing. <br />Mr. Linke indicated that the City was the general contractor on this project. He then indicated <br />that there was value engineering through the mechanical contractor and it was decided to <br />authorize a downgrade to the system and then it was decided to put more money back into it. He <br />further indicated that the picture gets cloudy as to how the City can go back after the mechanical <br />contractor to pay for the repairs. <br />Council Member Marty indicated there were a number of different contractors involved. <br />Council Member Thomas indicated that it was standard procedure to take on the general <br />contractor because they are responsible for the work of their sub-contractors. She then noted this <br />type of situation is exactly why the City should not act as a general contractor. <br />Mayor Sonterre indicated that the time to fix the equipment is now and proceed to look into <br />repayment from the contractor after the fact. <br />Council Member Marty asked if Council needed to make a motion to authorize the expenditure <br />to repair the HVAC system. <br />City Administrator Miller indicated a motion would be appropriate in this case. <br />MOTION/SECOND: Marty/Thomas. To Authorize the Expenditure of $12,000 to Make <br />Corrections to the HVAC System at the Community Center to Increase Efficiency and Protect <br />Life Expectancy of the Equipment. <br />. Council Member Quick asked where the $450.00 fit in. <br />