HomeMy WebLinkAbout1989-028 CCRMember Gene Lhotka introduced the following resolution and
moved its adoption:
RESOLUTION NO. 89 -28
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 TO CONTRACT
1988 -H (FOR IMPROVEMENTS ON LOGAN AVENUE, ON FRANCE AVENUE,
ON LAKEBREEZE AVENUE AND ON 50TH AVENUE NORTH)
WHEREAS, City Council entered into a contract on June 6, 1988, with
Thomas and Sons Construction, Inc. for the construction of Improvement Project
No. 1988 -04, 1988 -05, 1988 -06, and 1988 -07; and
WHEREAS, the City Engineer has determined certain modifications as
detailed in proposed Supplemental Agreement No. 3 (copy attached) need to
be made to the contract to facilitate the construction of the project; and
WHEREAS, the contractor, Thomas and Sons Construction, Inc., has agreed
to the prices for the modifications as noted above, and has executed proposed
Supplemental Agreement No. 3; and
WHEREAS, the contractor has also submitted additional claims in the
total amount of $16,482.46 and the City Engineer has advised the City Council
that, in his opinion, those claims are excessive and he has been unable to
negotiate an acceptable price for the work relating to those claims.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. Proposed Supplemental Agreement No. 3 to Contract 1988 -H, providing
for compensation for the additional work completed, as detailed
therein, at a net additional cost of $119,732.17 is hereby
approved. The City Manager is hereby authorized and directed to
execute Supplemental Agreement No. 3 on behalf of the City of
Brooklyn Center.
2. There is appropriated the sum of $119,732.17 for the additional
cost. This appropriation will be financed as follows:
Special Assessments
MSA Fund (Fund Balance #2613)
Public Utility Fund
Other
Northern States Power
Total
7,388.97
97,945.41
6,327.45
S 8.070.34
$119,732.17
3. In the event City staff is unable to negotiate an acceptable
resolution to the claims for additional payment made by the
contractor, the City Manager is hereby authorized to initiate
formal arbitration proceedings to obtain a resolution to the
dispute regarding just compensation for the work relating to those
claims.
1
RESOLUTION NO. 89 -28
February 14, 1989
Date Mayor /2
ATTEST: cam\,
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Gene Lhotka, Jerry Pedlar, and
Todd Paulson;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.