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Councilmewber Cox introduced the following resolution and moved for its <br />adoption: <br /> <br />RESOLUTION #85-143 <br /> <br /> WHEREAS, First Impressions Contracting was awarded the contract for <br />constructing the irrigation system at Central Park by Ramsey City Council <br />resolution 884-59 dated March 27, 1984; <br /> <br /> WHEREAS, a letter dated September 20, 1984 from the City Engineer to <br />First Impressions Contracting states that First Impressions Contracting could <br />be assessed up to $ 6,200.00 in damages for not completing the contract as <br />bid; <br /> <br /> WHEREAS, the City Council on September 25, 1984 reviewed the liquidated <br />damages and levied $ 826.37 against the firm of First Impressions Contracting; <br /> <br /> WHEREAS, as part of the contract, First Impressions Contracting was <br />required to winterize the irrigation syste~ to prevent breakage by freezing; <br /> <br /> WHEREAS, the City of Rawsey used the irrigation pump to pump water for <br />flooding hockey rinks after the irrigation syste~ was winterized by First <br />Impressions Contracting; <br /> <br /> WHEREAS, at the ti~e the City put the irrigation systeT into operation in <br />the spring of 1985, they found several broken pipes which had frozen and <br />cracked; <br /> <br /> WHEREAS, First Impressions Contracting repaired the broken pipes and <br />suk~ittedaclaim for $ 3,312.84 and requested pay~ent of $ 2,318.25 stating <br />it was their position that the breakage of the system was due to a leaky <br />valve; <br /> <br /> WHEREAS, in a letter from the City Engineer dated August 22, 1985 to <br />First Impressions Contracting, the City Engineer stated that he did not agree <br />that the breakage of the irrigation system was due to a leaky valve; that the <br />City Engineer maintains that the breakage was caused by First Impressions <br />Contracting failure to adequately winterize the irrigation system; and <br /> <br /> WHEREAS, in a m~o frc~ the City Engineer dated August 22, 1985 to the <br />Rawsey City Council, the City Engineer recommended that all damages in regards <br />to the Ramsey Central Park irrigation syst~ be split equally between the City <br />of Rawsey and First I~pression Contracting to avoid going to arbitration. <br /> <br />NGN g/~EREFORE, BE IT RESCLVED BY THE CITY GOUNCIL OF THE CITY OF RAMSEY, ANOKA <br />GOUNTY, STATE OF MINNESOTA, as follows: <br /> <br /> 1. That the City Council hereby authorizes payment of $ 1,656.42 to <br />First Impressions Contracting. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by <br />Council~e~ber Schlueter and upon vote being taken thereon, the following voted <br />in favor thereof: <br /> <br /> <br />