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00-359Council File # O O�'3 Sg oR��i�At Green Sheet #, n i n G o RESOLUTION Presented By Referred To Committee: Date 4 6 10 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Wanuug Lites of Minnesota, Inc.the sum of $13,313.83 in full settlement of its claims, including costs, disbursements and attorney's fees, arising out of its subcontract to provide signs, cones and barricades to Ashbach Construction Company for work performed under City Master Contract No. 18977. ! � ' : �I�L�1�71 11 12 � 13 14 15 Judge of Ramsey Coun District Court Requested by Depaxtment o£: Adoption Certified by Council Secretary B Y ` �- ���a Apprwed by Mayor_, Date OF SAINT PAUL, MINNESOTA � City Attorney � / By: �+' �� i Form Ap oved by Cit � At orney By: � I�GGI'�1�� Approved b} Mayor for Submission to Council By: Adopted by Council: Date �l.0._.� l�� ,-�r,� City Attorney IFranK Villaume, 266-8775 00 - 35� 4iloioo GREEN SHEET No� u� 059 mm,wr. uvurmm. oFr�unrrtowcRO¢ 2 aircou¢� nsawn wureeewn � air�rton�r 3 a�reuac eaunxc � nuxpu.a�suon. ❑ wuxcw�mmKera _ ��wroRrort,ms. y�f��� ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling the claim of Warning I,ites of Minnesota, Inc. against the City of St. Paul £or $13,313.83. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION Has ihis PersoNfirtn e+er worketl under a cor�tract for Mie Aepartment? VES NO Fias this pnsanlfirtn ever been a cily ampbyee7 YES NO Daes thts P�rm P� a sidl not nama�ryD�eeseetl bY anY curzeM cHY em7bYeeT YES NO Is tlus p�vson/firtn a tafpefed venda? VES NO In 1997, the City of St. Paul contracted with Ashbach Construction Company to rotomill various streets under Master Contract No. 18977, wherein the City expressly waived the fiunishing of a payment bond required by the Minnesota Public Contract Perfaunauce and Payment Bond Act codified at Minn. Stat. §§ 574.26 to 57432. Pursuant to § 574 : �� �ny subcontractor, the City would be liable to that subcontractor � the � 9�g of labor and material. Ashbach subcontracted with W f lY � w�< �� ��a ��.t. . to provide signs, cones and barricades for the project. Waming Lit� ,�') ,c�-� ch totaling $8,997.09. Ashbach did not pay Warning Lites, became � y�✓"�� -� 'on under Chapter 7 Banlauptcy. ��i�"�`�Th`8red into a tolling agreement in an effort to resolve the dispute, but were unable to do so. The City declined to make any partial payment. Wan�ing Lites sued the City under § 574.29 and for suimnary judgment in the aruount of $8,997.09. Warning Lites then moved the Court for an IOUNT OF TRANSACTION f � Z� Z � Z. R'� COSTIREVQIUE BUD6ETED (CIRCLE ON� YES NO SOURCE Tort Liability pornmNUMe�e 09070 MIFORMA'IION (DPWN} Y p�� � «r3 59 �s-�o�osg additionai $7,451.74 in costs, disbursements and attorney's fees. The City has agreed to pay Warning Lites $13,313.83, including �4,316.74 for its costs, disbursements and attomey's fees, in exchange for a full and final settlement_ The City Attorney's Office recommends approval of the settlement. Council File # O O�'3 Sg oR��i�At Green Sheet #, n i n G o RESOLUTION Presented By Referred To Committee: Date 4 6 10 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Wanuug Lites of Minnesota, Inc.the sum of $13,313.83 in full settlement of its claims, including costs, disbursements and attorney's fees, arising out of its subcontract to provide signs, cones and barricades to Ashbach Construction Company for work performed under City Master Contract No. 18977. ! � ' : �I�L�1�71 11 12 � 13 14 15 Judge of Ramsey Coun District Court Requested by Depaxtment o£: Adoption Certified by Council Secretary B Y ` �- ���a Apprwed by Mayor_, Date OF SAINT PAUL, MINNESOTA � City Attorney � / By: �+' �� i Form Ap oved by Cit � At orney By: � I�GGI'�1�� Approved b} Mayor for Submission to Council By: Adopted by Council: Date �l.0._.� l�� ,-�r,� City Attorney IFranK Villaume, 266-8775 00 - 35� 4iloioo GREEN SHEET No� u� 059 mm,wr. uvurmm. oFr�unrrtowcRO¢ 2 aircou¢� nsawn wureeewn � air�rton�r 3 a�reuac eaunxc � nuxpu.a�suon. ❑ wuxcw�mmKera _ ��wroRrort,ms. y�f��� ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling the claim of Warning I,ites of Minnesota, Inc. against the City of St. Paul £or $13,313.83. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION Has ihis PersoNfirtn e+er worketl under a cor�tract for Mie Aepartment? VES NO Fias this pnsanlfirtn ever been a cily ampbyee7 YES NO Daes thts P�rm P� a sidl not nama�ryD�eeseetl bY anY curzeM cHY em7bYeeT YES NO Is tlus p�vson/firtn a tafpefed venda? VES NO In 1997, the City of St. Paul contracted with Ashbach Construction Company to rotomill various streets under Master Contract No. 18977, wherein the City expressly waived the fiunishing of a payment bond required by the Minnesota Public Contract Perfaunauce and Payment Bond Act codified at Minn. Stat. §§ 574.26 to 57432. Pursuant to § 574 : �� �ny subcontractor, the City would be liable to that subcontractor � the � 9�g of labor and material. Ashbach subcontracted with W f lY � w�< �� ��a ��.t. . to provide signs, cones and barricades for the project. Waming Lit� ,�') ,c�-� ch totaling $8,997.09. Ashbach did not pay Warning Lites, became � y�✓"�� -� 'on under Chapter 7 Banlauptcy. ��i�"�`�Th`8red into a tolling agreement in an effort to resolve the dispute, but were unable to do so. The City declined to make any partial payment. Wan�ing Lites sued the City under § 574.29 and for suimnary judgment in the aruount of $8,997.09. Warning Lites then moved the Court for an IOUNT OF TRANSACTION f � Z� Z � Z. R'� COSTIREVQIUE BUD6ETED (CIRCLE ON� YES NO SOURCE Tort Liability pornmNUMe�e 09070 MIFORMA'IION (DPWN} Y p�� � «r3 59 �s-�o�osg additionai $7,451.74 in costs, disbursements and attorney's fees. The City has agreed to pay Warning Lites $13,313.83, including �4,316.74 for its costs, disbursements and attomey's fees, in exchange for a full and final settlement_ The City Attorney's Office recommends approval of the settlement. Council File # O O�'3 Sg oR��i�At Green Sheet #, n i n G o RESOLUTION Presented By Referred To Committee: Date 4 6 10 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Wanuug Lites of Minnesota, Inc.the sum of $13,313.83 in full settlement of its claims, including costs, disbursements and attorney's fees, arising out of its subcontract to provide signs, cones and barricades to Ashbach Construction Company for work performed under City Master Contract No. 18977. ! � ' : �I�L�1�71 11 12 � 13 14 15 Judge of Ramsey Coun District Court Requested by Depaxtment o£: Adoption Certified by Council Secretary B Y ` �- ���a Apprwed by Mayor_, Date OF SAINT PAUL, MINNESOTA � City Attorney � / By: �+' �� i Form Ap oved by Cit � At orney By: � I�GGI'�1�� Approved b} Mayor for Submission to Council By: Adopted by Council: Date �l.0._.� l�� ,-�r,� City Attorney IFranK Villaume, 266-8775 00 - 35� 4iloioo GREEN SHEET No� u� 059 mm,wr. uvurmm. oFr�unrrtowcRO¢ 2 aircou¢� nsawn wureeewn � air�rton�r 3 a�reuac eaunxc � nuxpu.a�suon. ❑ wuxcw�mmKera _ ��wroRrort,ms. y�f��� ❑ TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling the claim of Warning I,ites of Minnesota, Inc. against the City of St. Paul £or $13,313.83. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION Has ihis PersoNfirtn e+er worketl under a cor�tract for Mie Aepartment? VES NO Fias this pnsanlfirtn ever been a cily ampbyee7 YES NO Daes thts P�rm P� a sidl not nama�ryD�eeseetl bY anY curzeM cHY em7bYeeT YES NO Is tlus p�vson/firtn a tafpefed venda? VES NO In 1997, the City of St. Paul contracted with Ashbach Construction Company to rotomill various streets under Master Contract No. 18977, wherein the City expressly waived the fiunishing of a payment bond required by the Minnesota Public Contract Perfaunauce and Payment Bond Act codified at Minn. Stat. §§ 574.26 to 57432. Pursuant to § 574 : �� �ny subcontractor, the City would be liable to that subcontractor � the � 9�g of labor and material. Ashbach subcontracted with W f lY � w�< �� ��a ��.t. . to provide signs, cones and barricades for the project. Waming Lit� ,�') ,c�-� ch totaling $8,997.09. Ashbach did not pay Warning Lites, became � y�✓"�� -� 'on under Chapter 7 Banlauptcy. ��i�"�`�Th`8red into a tolling agreement in an effort to resolve the dispute, but were unable to do so. The City declined to make any partial payment. Wan�ing Lites sued the City under § 574.29 and for suimnary judgment in the aruount of $8,997.09. Warning Lites then moved the Court for an IOUNT OF TRANSACTION f � Z� Z � Z. R'� COSTIREVQIUE BUD6ETED (CIRCLE ON� YES NO SOURCE Tort Liability pornmNUMe�e 09070 MIFORMA'IION (DPWN} Y p�� � «r3 59 �s-�o�osg additionai $7,451.74 in costs, disbursements and attorney's fees. The City has agreed to pay Warning Lites $13,313.83, including �4,316.74 for its costs, disbursements and attomey's fees, in exchange for a full and final settlement_ The City Attorney's Office recommends approval of the settlement.