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248864 ORIGINAL TO�CITY CL�K , • CITY OF ST. PAUL couNCa ; `t��'�� ` OFFICE OF THE CITY CLERK FILE NO. IL RESOLUTI N—GENERAL FORM PRESENTED BY COMMISSIONE DATF RESOLVED� That the proper City officers are hereby authorized to enter into and execute an Addendum to Agreement between the City and MeDonald & Associates, Inc. originally entered into as of March 2, 1970� Contract No. L 7265, to add additional materials at a cost of �13, 500.00, a copy of said Addendum being attached hereto and made a part hereof by reference . ;�� A ROVED . � c�c � Assi. Cor.�oraiion 11AY 15 197a COUNCILMEN Adopted by the Council 19— Yeas Nays Carison � �lY � � ��7� a�— Approved 19— ,� Meredith _ S Tn Favor �gtprRnn � Sprafka ' j Mayor v A gainst Tedesco Mr. Pr�side��, �3�,v�x1��:�;� �UgI1�HED MAY 2 3 1970 i� :r.: �a�..s:,r Mx. Vice Yremid�at (Pet�reon) � DUPLICATE TO PRINTER ��r`a, ��,� CITY OF ST. PAUL HLENCIL NO. `�` OFFICE OF THE CITY CLERK COUNCIL RESOLUTION--GENERAL FORM PRESEN7ED BY COMMISSIONER DATF RESOLVLD, That the proper City ofYicers are hereby authorized to enter into and e�ecute an Addendum to Agreernent between tlle City and MeDonald & Associates, Ine. originally entered into as of I�Iiarch 2, 1970, Contract No. L 7265, ta add additional materials at � cost of �13,500.0�, a copy of said Addendum being attached hereto and rna.de a part hereo� by reference. ... +��a¢�n��+A� � ��Y� COUNCILMEN Adopted by the Council 19— ,.-;-:: Yeas Nays Carlson �� Approved 19_ Meredith �"� Tn Favor P�O�" Mayor Sprafku �' A gainst Tedesco Mr Pxesident, $yrne . ,,:.�. . _ � . . ..:�t �. � � � � . � i . � . ,�� . . . .. � .i.... J. �� 3�`� � \/ RICHARD A. SCHNARR C I �� O 1 S /� I 1`) T P.A U L ANTHONY J. CREA CHIEF ENGINEER DEPUTY COMMISSIONER Capital of fvlinnesata ° DEP/��T6�iEE�1' �� PUBLIC 9�/Ot3E(S 234 City Hall & Court House 55102 ftOBERT F. PETERSON Commissioner �� r�ay i3, i97o Mre �aul Kelly Assistant Corporation Cour.sel � Koom 316, Building Re; Wheeler-I'air+�ount Relief System t rojee� Na, 69-5-475C Claim for Extras due to Additional '�ipe Length Covered in Addendura No, 2 Dear Mr. xe11y: rlcDonald & l�ssociates, Inc. have agrePd t.o a Iump sum settlemant of $13,SQQo00 to cover the cost of furnishing and installin� the additional 200Q lineal feet of 12-inch Y,C.�. catch basin Ieads wtzich were not included in the approximate C�11A11t1t1G'S covered under thei.r bid. Th�y cla�.m they dfd not receive a copy of Addendum No, 2, which fi�di�ated �that an error had been made ir. tk�e approximate quantities, In our verbal discussion of this claim you adviseci me that you felt MeL�onald & Associates have a legitimate claim, and sfnr.e they would still be low bidder even if theix claim is inelud�d in their contract, there shoiild be na proble� with processing a supplementary agreement. Therefore, I wauld recomraend that the settlement of $13,500.00, which McDonald &. Associates, Inc. is agreeable ta9 be accepted by the Citye Sincerely, � 'G:�� l6(��'_��.� j � �� ,. f .-•/ J Joseph F. toenig Construction �ngineer JFK/gs � . Approved` 6 . Rf ard A. .�';chnt� r, Chief Engin�er cc: Dan Dunford y. � �a. � . * . � ��' ADDENDUM TO AGREEMENT �C�' � THIS AGREEMENT, made and entered into this day of , 1970 , by and betWeen the City of Saint Paul, a municipal corporatinn of the State of Minnesota, hereinafter designated as the "CITY" , and McDonald & Associates , Inc . , a Minnesota corporation , hereinafter designated as "CONTRACTOR" , WITNESSETH : WHEREAS , City and Contractor have entered into a certain agreement dated March 2 , 1970 , whereby Contractor was to furnish and deliver to the City all labor, tools , equigment , materials and services necessary to complete the construction of the Wheeler-Fairmont Relief System, Pro�ect S-k75-C for the City' s Department of Public Works (L7265) ; WHEREAS , City amended its specifications so as to increase the quantity of 12" pipe required from 1, 595 feet to 3,595 feet , and through mistake on the part of both City and Contractor this addition of pipe was omitted from the award of contract and it is the:rintention of City and Contractor to amend the above referenced agreement between the �arties so as to add an additional 2 ,000 feet of 12" pipe at an additional cost to the City of the sum of Thirteen Thousand and Five Hundred Dollars ( $13, 500.00) ; NOW, THEREFOR, IT IS HEREBY AGREED TO BY AND BETWEEN THE PARTIES HERETO , that the agreement dated March 2 , 1970, be amended so as to add an additional 2 ,000 feet of 12" R.C.P. Class IV, and that the City shall pay Contractor therefor the additional sum of Thirteen Thousand and Five � Hundred Dollars ( $13,500.00 ) �'or the full and faithful performance , sub� ect to the terms and conditions of the _. . ,,, , i' ., , � said agreement dated March 2 , 1970 ; This amendment to agreement is made expressly contingent upon the consent hereto by Contractor' s Surety , the Seabord Surety Company , which consent shall be represented by written letter attached hereto and incorporated herein by reference. PROVIDED, FURTHER, That all of the remaining terms and condit�ons:: of the said agreement dated March 2 , 1970 , except as modified herein, shall remain in Pull force and effect , and be binding upon the parties . IN WITNESS WHEREOF , the Ci�y and Cotttractor have executed this addendum to agreement the day and year first above Written. , IN PRESENCE OF: CITY OF SAINT PAUL BY MA OR FO��PPROVED: C ISSIONE 0 UBLIC ' ORKS � Ass 't. Corporat el CITY CL RK APPROVED �AS TO FORM & EXECUTION : CZT COMPTROLLER Ass 't. Corporation Counsel IN PRESENCE OF: MCDONALD & ASSGCIATES , INC. � , IT PRESIDENT IN PRESENCE OF: 0 SENT D ¢Ftl':—� � � � ` � � � / � SEABORD SURETY COMPANY