HomeMy WebLinkAbout2014-089 CCR Member Lin Myszkowski introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2014-89
RESOLUTION AUTHORIZING PAYMENT TO NORTH VALLEY INC. PER
JUDGMENT
WHEREAS, the City of Brooklyn Center ("City") let bids for a construction
contract agreement for street and utility improvements in July 2009 which contained a project
completion time line of October 23, 2009; and
WHEREAS, North Valley, Inc. ("North Valley") was the successful bidder and
was therefore awarded the contract; and
WHEREAS, there were a myriad of difficulties with the project and, as a result,
it was not fully completed until July 21, 2010; and
WHEREAS, the City imposed liquidated damages for North Valley's failure to
complete the project on time; and
WHEREAS, North Valley requested additional payments for extra work and the
City declined to pay the additional compensation requested; and
WHEREAS, negotiations were unsuccessful and litigation ensued; and
WHEREAS, following a jury trial and post-trial motions, a final judgment has
been rendered against the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to satisfy the judgment and to authorize the City Manager to make
payment in the amount of$486,798.89, plus per day interest accruing until payment is made, of
which the League of Minnesota Cities Insurance Trust will contribute $100,000.
Julv 14, 2014
, Date Mayor
11
ATTEST: W
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member and upon
Kris Lawrence-Anderson
vote being taken thereon,the following voted in favor thereof:
Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.