HomeMy WebLinkAboutCC RES 01-048 A RESOLUTION AUTHORIZING PAYMENT OF DAMAGES FOR SANITARY SEWER BACKUPS ASSOCIATED WITH THE 29TH AVENUE STREET RECONSTRUCTION PROJECT Meeting Sheet
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Box: 31
Folder: RES 2001
Document: CC RES 01-048 A RESOLUTION AUTHORIZING PAYMENT OF
DAMAGES FOR SANITARY SEWER BACKUPS ASSOCIATED WITH THE
29TH AVENUE STREET RECONSTRUCTION PROJECT
• CITY OF ST. ANTHONY
RESOLUTION 01-048
RESOLUTION AUTHORIZING PAYMENT OF DAMAGES
FOR SANITARY SEWER BACKUPS ASSOCIATED WITH THE 29TH AVENUE
STREET RECONSTRUCTION PROJECT
WHEREAS, The City of St. Anthony ("the City") took a public improvement project
associated with the reconstruction of 29`h Avenue (WSB Project No. 1065-
26);
WHEREAS, On September 2, and July 9, 2000 sanitary sewer backups occurred in
conjunction with the construction;
WHEREAS, Certain persons living in the vicinity of the project have made claims
against the City, which total $32,695.89;
WHEREAS, The City has asserted that the contractor for the project, Barbarossa & Sons,
• Inc., is obligated to hold harmless and indemnify the City with regard to the
said claims;
WHEREAS, Barbarossa & Sons, Inc. has denied liability;
WHEREAS, St. Paul Companies, the insurance provider for Barbarossa & Sons, Inc., has
agreed that it will provide an independent third party claims adjustment for
all claims arising out of the sanitary sewer backups and that it will pay 50%
of the adjusted claims; and
WHEREAS, The City believes that it is in its best interest to settle the claims, to avoid
further exposure and amicably resolve them, without the expense of
litigation and other forms of dispute resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St.
Anthony, as follows:
1. The City agrees that payments up to 50% of the amount of the claims, as
adjusted by the third party claims adjustment by St. Paul Companies, may
be paid, and are authorized, in exchange for releases executed by the
• claimants (in a form approved by the City's attorney). Under no
circumstances shall the City's total payments exceed $16,347.95.
• 2. The City agrees to settle its claim against Barbarossa & Sons, Inc., and its
insurer, and appropriately release them, upon receipt of the releases set
forth above.
3. In the event that any claim is not settled through the adjustment process and
payment described above, the City reserves all of its rights and defenses.
4. The arrangements and settlements made under this Resolution apply to only
the particular sanitary sewer backup claims which are the subject of this
Resolution, and are not intended to admit any liability or establish any
precedent for payment of any other sewer backup claims.
Adopted this _1 �3 day of , 2001.
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ATTEST:
• City Clerk
Reviewed for administration:
City Manager
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