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04-34Council File # �`�� _7� Green Sheet # 3 ��� � �" Presented By RESOLUTtON GITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date 1 Resolved, that upon execution and delivery of a release in full to the City of Saint Paul, the 2 proper City officers aze hereby authorized and directed to pay from the Tort LiabiIity Fund, 3 09081-OSll,to Kuehn Excavating ,the sum of 4 $10, 294.39 , in fnll settlement of any and all claims for damages sustamed on g August 21, 2003 as a result of �damag,e� at or near 507 Ar�arla e+ oAt, 6 a personal residence, inSaintPaul, Minnesota. DATED: Requested by Department of: ��('���� - ��..� ..� ...�-��-� ■:�7.ETl�� � � � � �aa.."� �ii � � ' �a . ,.. -��'�i�� .�.. . - .�.�� ��-� . ,.� . . . �i..�i�i�� ���00 �/ I1 � L_ `���'� • � � �.''jvr�. � � u ' �� • "� •� •n' � ����_ ���J1������ -.....� .. .. . � � 1 � I�f ' � � /. � Appioved by�9or: Date for Subffiissiou to �� � APPROVED: Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee� TE — 7'echnolo� ana Managemrnt Serv Co�ct person 8 Pho�re: Sand2 Bodensteiner 6512668887 musc tse on 21-JAN-04 (Date}: Date Initiated: 31-0EGQ3 � Assign Number For Routing Order Green Sheet NO: 3Q09717 Deoartme'rt Sent To Person 0 Rechnolo and Ma eement S R' k M t 1 echn 10 and b9ana ement S De artment Director 2 A � ' Attome 3 ou ciI Ci Couvcit 4 er � i 5 echoolo andMana emeotS RiskMana ement ToWI # of Signature Pages � (Clip All Locations for Signature) . .._,,,...�.�... �JA�t 2 ZL'U4 Approval of sett7ement of a property damage claim with Kuehn Excavating For repairs made to 507 Arcade Street d � �� ��� � Approve (A) or Commission Civil Serrice Must Answer the Following Questions: 1. Has this pe �rtn ever worked under a contract for this departmenY? , ` Yes No N� ,1 2. Has this person/firm ever be i empioyee? s 1/ ����� Yes No !� re � 3. Dces fhis person/firtn possess a skiil not normaily essed by any cunent city empioyee? Yes No _ Expiain all yes answers on separate sheet a�d attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh»: � Dnring ihe Sewer Utility Project #48-P-8106 MazgazeUArcade, a City employee failed Yo recognize a private sewer connection as being active. Thus, the connection was not connected to the new sanitary sewer. As a result of this non-connection, the homeowner's sewer line backed up, causing the iepairs to be perfo:med by Kuehn Excavating. The homeowner Las given pemrission for the City to pay the co ihactor direcfly and a release has been obtained from the contractor in the full amount of their bi I t. AdvantageslfApproved• � The City will have settled an outstanding propery damage claim. '� I DisadvantagesifApproved: None. Disadvanta9es if Not qpProyed: . . The City will be sued for the outstanding balance of the repair bill, incurring additional staff time and claim costs. otai amount of 10294.39 Trensaction: Fundi�Source: GL001 Cwt/Revenue Budgeted: Y AetiviN Number: 09081 Financial information: Activity 0511 - Tort Liability Fimd (Expiain) � t�,r�ii"`it y^••r �E'�`tt°� Jn�a � � �uu� a 0�l Property Damage Release File Number C-030261 For the sole consideration of ten thousand two hundred ninety four dollars and thirty nine cents ($10,294.39), the receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby releases and forever discharges the City ofi Saint Paul, the Saint Paul Public Works Department, their heirs, executors, administrators, agents, and assigns, and ail other persons, firms or corporations liable, or who might be liable, none of whom admit any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, to property which has resulted, or may develop in the future from an incident which occurred on or about the 21 day of August, 2003, at or near, 507 Arcade Street, Saint Paul, MN. The undersigned hereby declares that the terms of this settlement are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the property damage mentioned above. I hereby state that I have read this release, know the cantents thereof, and have signed the same, relying on my own judgment and on no representations of others, and of my own free will and accord this - a�h� � day of j�e � , 20 c�3 . In th�es�19 e of: � � wi ness '� /� � �r Authoriz � presentati e of Kuehn Excavating for services rendered to Lou Ann Norquist � .�!(_ �fi'- i.'�-_ witnes � ° �..AL'�11 5�2 Printed Name of Person Signing Above Subscribed and sworn to before me this � day of "i��c_ , 20C'3 L�i, K.��i � Notary P � TEt�KAYTHEiN � I�qPARY PIBl1C � 1�8kSOTA ►h Cee�n. B4i�e Jn 9�. 2oa5 ■ . �ECEIVED DEC 2 6 1003 ��si� iViANAGEMENT