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01-930� � , �', : "r � i� j U��iw�� RESOLUTION Presented By Referred To Committee: Date 3 �{ 1 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, 2 the properiy City officers are hereby authorized and directed to pay out of the Tort Liability Fund 3 09070-0511 to Gladstone Construction, Inc. and its attomey Richazd Kavaney, the sum of $8,750.00 4 in full settlement of its claims arising out of the construction of the picnic pavilions in Como Park. Requested by Department of: Adoption Certified by Council Secretary By: ` Approved by Mayor: Date �� J�/ �Gf�C/� By: � �` 1 CITY OF SAINT PAUL, MINNESOTA �� %�`'f�f��a��— Council File # 01�93 Green Sheet # 104133 Adopted by Council: Date �. S,�OOt Approved by Mayor for S mission to Council g � 7� /.� City Attornev GaiY,Langfield, 266-8748 o,,,�.d,�„� s�zo�oi TOTAL # OF SIGNATURE PAGES v o�—q�e , _ _ _ �.�.. _ ._,. ._ �� GREENSHEET No j� u oa�.�r o.rs.a . c-;;c= �:=a ❑ OIYATtCISEY � OIYCtEYC ❑li11fI1GLfFAYCIfOR' ❑MW1MLi�lVAn.T6 �wvaRWRwamcwn�� ❑ (CL.IP ALL LOCATIONS FOR SIGNATUR� Approval of resolution settlinq the claim of Gladstone Construction, Inc. against the City o£ St. Paul for $8,750.00. PLANNING CAMMISSION CIB COMMI7TEE CNIL SERVICE COMMIS: Has Mis P��m everworketl uMer a mMrac[ torMis department4 YES NO ' — tias this vdaorJfirm ever eeen a aH empbyee9 YES NO Does this pe�soNfirm poasess a slo� not t�lh'P� M�Y unrent cily emPbY�? YES NO Is tliu pnsoMrm a farpetetl oeiMoYl . ' YES Nd In 1997, the City of St. Paul began.construction of two adjoining picnic pavalions, restrooms, and a maintenance garage in Como Park. Gladstone Construction, Inc. was chosen as the lowest responsible bidder and awazded the contract for'$925,5�2.00. As construcrion pragressed on the picnic pavilions, the need for changes to the work Tiecame apparent. Gladstone requested several and a dispute azose as to whether the City requested and authorized,these changes. When City refused to pay for some changes, Gladstone iniriated this lawsuit. In Ihis lawsuit, Gladstone alleged the City waived the contractual requirement for written change orders. The City denied these allegations and further asserted the changes were never requested or in the atnount of $93,298.42. The City brought an appeal on the grounds that eaors occurred during the trial and the Court of Appeals redersed and remanded the case back for a new trial. The new '�ia`� e�a.� not yet been set. Our office has entered into a seftlement agreement with GTadstone Construction Co. for the sum of $8,750.00 in exchange for a release of all claims against the City. VLL1V1111iM1HliV111111Y114JfalJt/av • �O �CO AMOUNT OF TRANSACTION S �� COST/REVRlUE BUDGEfED (qRCLE ON� YEE NO Tort Liability �mnT.Nw�e�e 09070 r . '- 4 � � , �', : "r � i� j U��iw�� RESOLUTION Presented By Referred To Committee: Date 3 �{ 1 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, 2 the properiy City officers are hereby authorized and directed to pay out of the Tort Liability Fund 3 09070-0511 to Gladstone Construction, Inc. and its attomey Richazd Kavaney, the sum of $8,750.00 4 in full settlement of its claims arising out of the construction of the picnic pavilions in Como Park. Requested by Department of: Adoption Certified by Council Secretary By: ` Approved by Mayor: Date �� J�/ �Gf�C/� By: � �` 1 CITY OF SAINT PAUL, MINNESOTA �� %�`'f�f��a��— Council File # 01�93 Green Sheet # 104133 Adopted by Council: Date �. S,�OOt Approved by Mayor for S mission to Council g � 7� /.� City Attornev GaiY,Langfield, 266-8748 o,,,�.d,�„� s�zo�oi TOTAL # OF SIGNATURE PAGES v o�—q�e , _ _ _ �.�.. _ ._,. ._ �� GREENSHEET No j� u oa�.�r o.rs.a . c-;;c= �:=a ❑ OIYATtCISEY � OIYCtEYC ❑li11fI1GLfFAYCIfOR' ❑MW1MLi�lVAn.T6 �wvaRWRwamcwn�� ❑ (CL.IP ALL LOCATIONS FOR SIGNATUR� Approval of resolution settlinq the claim of Gladstone Construction, Inc. against the City o£ St. Paul for $8,750.00. PLANNING CAMMISSION CIB COMMI7TEE CNIL SERVICE COMMIS: Has Mis P��m everworketl uMer a mMrac[ torMis department4 YES NO ' — tias this vdaorJfirm ever eeen a aH empbyee9 YES NO Does this pe�soNfirm poasess a slo� not t�lh'P� M�Y unrent cily emPbY�? YES NO Is tliu pnsoMrm a farpetetl oeiMoYl . ' YES Nd In 1997, the City of St. Paul began.construction of two adjoining picnic pavalions, restrooms, and a maintenance garage in Como Park. Gladstone Construction, Inc. was chosen as the lowest responsible bidder and awazded the contract for'$925,5�2.00. As construcrion pragressed on the picnic pavilions, the need for changes to the work Tiecame apparent. Gladstone requested several and a dispute azose as to whether the City requested and authorized,these changes. When City refused to pay for some changes, Gladstone iniriated this lawsuit. In Ihis lawsuit, Gladstone alleged the City waived the contractual requirement for written change orders. The City denied these allegations and further asserted the changes were never requested or in the atnount of $93,298.42. The City brought an appeal on the grounds that eaors occurred during the trial and the Court of Appeals redersed and remanded the case back for a new trial. The new '�ia`� e�a.� not yet been set. Our office has entered into a seftlement agreement with GTadstone Construction Co. for the sum of $8,750.00 in exchange for a release of all claims against the City. VLL1V1111iM1HliV111111Y114JfalJt/av • �O �CO AMOUNT OF TRANSACTION S �� COST/REVRlUE BUDGEfED (qRCLE ON� YEE NO Tort Liability �mnT.Nw�e�e 09070 r . '- 4 � � , �', : "r � i� j U��iw�� RESOLUTION Presented By Referred To Committee: Date 3 �{ 1 RESOLVED, that upon execution and delivery of a release in fuil to the City of Saint Paul, 2 the properiy City officers are hereby authorized and directed to pay out of the Tort Liability Fund 3 09070-0511 to Gladstone Construction, Inc. and its attomey Richazd Kavaney, the sum of $8,750.00 4 in full settlement of its claims arising out of the construction of the picnic pavilions in Como Park. Requested by Department of: Adoption Certified by Council Secretary By: ` Approved by Mayor: Date �� J�/ �Gf�C/� By: � �` 1 CITY OF SAINT PAUL, MINNESOTA �� %�`'f�f��a��— Council File # 01�93 Green Sheet # 104133 Adopted by Council: Date �. S,�OOt Approved by Mayor for S mission to Council g � 7� /.� City Attornev GaiY,Langfield, 266-8748 o,,,�.d,�„� s�zo�oi TOTAL # OF SIGNATURE PAGES v o�—q�e , _ _ _ �.�.. _ ._,. ._ �� GREENSHEET No j� u oa�.�r o.rs.a . c-;;c= �:=a ❑ OIYATtCISEY � OIYCtEYC ❑li11fI1GLfFAYCIfOR' ❑MW1MLi�lVAn.T6 �wvaRWRwamcwn�� ❑ (CL.IP ALL LOCATIONS FOR SIGNATUR� Approval of resolution settlinq the claim of Gladstone Construction, Inc. against the City o£ St. Paul for $8,750.00. PLANNING CAMMISSION CIB COMMI7TEE CNIL SERVICE COMMIS: Has Mis P��m everworketl uMer a mMrac[ torMis department4 YES NO ' — tias this vdaorJfirm ever eeen a aH empbyee9 YES NO Does this pe�soNfirm poasess a slo� not t�lh'P� M�Y unrent cily emPbY�? YES NO Is tliu pnsoMrm a farpetetl oeiMoYl . ' YES Nd In 1997, the City of St. Paul began.construction of two adjoining picnic pavalions, restrooms, and a maintenance garage in Como Park. Gladstone Construction, Inc. was chosen as the lowest responsible bidder and awazded the contract for'$925,5�2.00. As construcrion pragressed on the picnic pavilions, the need for changes to the work Tiecame apparent. Gladstone requested several and a dispute azose as to whether the City requested and authorized,these changes. When City refused to pay for some changes, Gladstone iniriated this lawsuit. In Ihis lawsuit, Gladstone alleged the City waived the contractual requirement for written change orders. The City denied these allegations and further asserted the changes were never requested or in the atnount of $93,298.42. The City brought an appeal on the grounds that eaors occurred during the trial and the Court of Appeals redersed and remanded the case back for a new trial. The new '�ia`� e�a.� not yet been set. Our office has entered into a seftlement agreement with GTadstone Construction Co. for the sum of $8,750.00 in exchange for a release of all claims against the City. VLL1V1111iM1HliV111111Y114JfalJt/av • �O �CO AMOUNT OF TRANSACTION S �� COST/REVRlUE BUDGEfED (qRCLE ON� YEE NO Tort Liability �mnT.Nw�e�e 09070 r . '- 4