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246050 ��[AO��Q r ORIGINAL TO CITY CLBRK CITY OF ST. PAUL F,�E NC�� NO. w OFFICE OF THE CITY CLERK COUNC UTION/,�E ERAL FORM PRESENTED BY j �, COMMISSIONE Ro ert F. eterson i DATF i�Il�iTsRTsAS, In the �atter of the contract with Austin p. Keller Coast:uction Company, for the construction of the ALDINE-SHIELDS RELIEF SEWER, CONTTtACT "B", Froject No. 68-S-983B, Coaptroller's Contract No. L-7053, s�hich had a contract completion date of October 15, 1968, and WHERSAS, The Contractor did not complete the contract t�rk until October 1, 1969, and there is no showing that the failure to co�plete the work in the speci- fied tiee was due to cat�se$ beyond the Contractor's control, and WI�REAS, Section 1.,�4 of the Specifieations for Street and Sewer Construction provides for paya�ent of liquidated da�ages and the costs of engineering and inspec- tion to the City for failure to co�plete the work by the Contractor withia the ti�e specified, and WHBREAS, Th� Banister Sagineering Conpany, Consulting Lngineer for ssid project, has subaitted a claim in the �ount of $849.60 for engineering and �� iaspaction costs for the period fro� October 15, 1968 to October 1, 1969, which / \ period covers the delay in completir�g the w�ork, and � iiHBREAS, The City did not suffer a�ey other meas�rable da�eges due to the delay in co�plmting the work; noW, therefore, be it RESOLVED, That the City herebq �aives liqr�idated damages and estends the contract completion date to October 1, 1969, provided thRt Austin F. Keller Construction Company pays to the City the su� of $849.60 to cover the extra cost . of e�gineering and inspection for the period of October 15, 1968 to October 1, 1969, as clai�ed bq Banister T�ngin�ering Co�pany, said aeount of $849.60 to be credited to this project to cover said clai� by Banister Engineering Co�psny and also provided that this resolution shall have no force or effect unless the sureties on the Contractor�s bond consent thereto and file �uch conseat in writing with the City Co�ptroller. OCT 2 4 1�69 COUNCILMEN Adopted by the Council 19_ Yeas Nays �.. Carlson ��� � � ���� ;�}��-- pprovec� 19—_ Meredith � Tn Favor Peterson ' Sprafka Mayor Tedesco --�—Against Mr. Preaident, Byrne ,PtJ6LISHEQ N�V 1 �969 O DUPLICATF TO PRINTER 2����� CITY OF ST. PAUL FOENCIL N�,. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY �Q��Y.� F. Peterson DATF COMMISSIONER WHT�I�EAS, In Che matter of the contract with Auetin P. K�lla+r Construction Company, for the construction of the, ALDINE-SHIELD5 RELIEF "�EWER, CONTRACT "B", Project Na. 68-5-983�3, Coraptroller's Contract No. L-7053, which had a contract completion date of t7ctober 15, 1968, snd WHEREAS, Tha Contrector did aot complete the contract wnaxk until October 1, 1969� and there is no ahowi.ng that the failure to complete the work in the speci- fied time wae due to caus�s beyoad the Contractor's control, �nd WhTFtEA5, Ssctian 1.54 af the �pecifications for Street and �ew�r �onetruction provides for peyment of liquidated damages and the costs of en�giz�eering end inspec- tion to the City for f ailure to co�aplete the work by the Contrnctor within th� time specified, and WHER�AS, The Benister Engineering Company, Consulting Engineer fox said proj�ct, has submitted a claim in the amount of $849.60 for engineering a�nd inspection casts f4r the period froa► October 15, 1968 to Oatober 1, 1969, which period covers the deley in completing the work, and �tH�RE�'iS, The City ciid not suffer any othex measursble demages due to the delay in co�pl�ting the work; now, Cherefare. be it RESOLVED, Th,�C the City hereby waives liquid�.ted demeges end extends the contzact completion date to October 1, 1969, provided that �lustin� P. KEller Constraction Cornpeny pays to the csty t�►e sum of �849.60 to cov+�r the extra cost of enginsering and inspection for the period of October 15, 1968 to October 1, 1969, as claimed by Banist�r Engine�ring Company, said �mount of $849.60 to �e credited to this project to cover said claim by Banister Engineerir►g Company and elso provided that thie rea�lution shall heve no force or ef�ect unlesa the sureties un Che Contractor'e bond �consent Chezeto and file such consent in writing with the Gity CompCroller. �.:i.. , w � �.�"S �';- � COUNCILMEN Adopted by the Council 19_ Yeas Nays , Carlson � �,� � ,����_____ ' Approved 19__ Meredith Tn Favor Peterson Sprafka � Mayor A gainst Tedesco Mr. President, Byrne O