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232786 t O,WIGINAL TO,CITY CLERK �i(3! �/l CITY OF ST. PAUL FILENCIL N�. � "_ �� OFFICE OF THE CITY CLERK '� ' f ' OUNCIL R LU ON—GENERAL FORM � �. '� PRESENTED BY � �; '� COMMISSIONE DATF ' � ;j 1 ;; i' WHEREAS, Michigan Sewer Construction Company, a Michigan �� ,, � � Corporation, has incurred a coat over and above that anticipated ; in the cons�ruction of the Saint Anthony Park Storm Wate� Relief + Sewer System in Qonnection with Shaft 'At Complex of said syatem;; ' ; , '�``��: ; WHEREAS, said construction eompany had presented a �laim of i $139,181.12 for the additional costs incurred, sueh having �,� � � ,� resulted from the unforeseen aondition of the subsurface soil at � ;� the place of eonstruc�ion of said Complex, whieh condition was �! contrary to the test borings obtained in the same area by said � ! `� City, revealed to and relied on by said conatruction c.ompany ' '• prior to the time the bids were submitted to �aid Gity; . ;' � �� - _, ; WHEREAS, a civil aation was commenced by aaid Conatruction =� � '� Company in tTnited S�ates District Cour�, and at the time of tr�ial� � the claim was corr�ected to the amoun� of $�.22,396.13, because � � , of the change between t�e costs incurred under I�em 2 as to the � � Caisso� �utting Edge and those appearing in the:�o�iginal claimr;; ��`�• _� . and ' j � :, WHEREAS, at the time of trial, the matter was�-compromised '� °� � �. and settled at an amount of $78,000.00, which was a fair and � ' reasonable settlement, approved by the United States District ` � '� Court, and pursuant to �onsent, b�r order of said Court was � � ' stipulated to be entered as a �udgment against said City; now, �, ; � therefore, be it � � RESOLVED, That the settlement of said c�, �'' the a.mount� of �� $78,000.00 is Y�ereby approved and the proper '-fficers are ; � � � � autho�ized and. directed to pay said amount o ,�ity funds a�s, ; �� w � follows : $53,156.0� from the Bond Fund 7210-5E-22, a.nd �2�4,8�-;3.9� o from the I,ocal Smprovement Fund 0920-701; sueh payment to be � j ; � � a made to the Michigan Ser�er Construction Company, a Miehigan Corpo- � ration, to disaharge the �udgment to be entered herein, and �o� . aecept the Sa�isfaction of Judgment for said amoun� in form approve ;� by �he Cor•poration Counsel Bf the City of Sairit Paul, �hereby � : o satisfying all claims connected with the constru�tion of the Sl�aft " A Complex, as related hereim. � COUNCILMEN �P� 41967 ; _, Adopted by the Council 19_ Yeas Nays � � � ' � ,� Carlson �P�' 4196� '- Dalglish Approved 19 �_ Holland � , Meredith n Favor I � ' . rson ,l ��f�+Rg, Mayor Tedesco v Against � � � �;•;�?�sde.��.�Y:`?rrre� E¢x.� � � ` .e..:::e:e �:::� :.::• ::�::eee:�::..... ' � . �Mr. Vice President (Peterson) �an i .� �F�ED APR 8 19�� :, � - �22 � ; � ` � •i. DjJrLICATE TO rRINTER �32'786 CITY OF ST. PAUL F,OENCIL NO. _ � OFFICE OF THE CITY CLERK � COUNCIL RESOLUTION—GENERAL FORM ; � ' PRESENTED BY j � ' COMMISSIONER DATE � 1 J� WHEREAS, Michigan Sewer Construction Company, a Michigan � � --�--•- -� � Corpora'�ion, has 3ncurred a cost over and above that anticipated � in the �ona�ruction of the Saint Anthony Park Storm Water Relief � Sewer S�stem in connection with Shaft 'A' Complex of said system; j , .. � , " ._ '. WHEREAS, said construction company had presented a claim of ' � $139,181.12 for the additional costs incurred, such having . - � '! reaulted from the unforeseen condition of iche subsurface soil at .� �, the place of cor�s�ruation �f said Complex, which condition was ; � _.._ • cantrary to �he teat borings oUtained in the saxne a�ea by said � �� City, revealed to and relied on by said conetruction �company � � prior to the time the bida were submitted to �aid City; ' � i WIiEREAS, a civil aetion wae commenced by said Construction' � �, Company in United Sta�es District Court, and at the tim� of trial � the claim was corrected to the amount of $122,396.13, because � ' of the change be�tween the coats incurred under Item 2 as �o the� � , Caisson Cutting Edge and those appearing in the- �'r.��inal claim; i ' and � - i ! . �j WHEREAS, at the �ime of trial, the matter was compromised : � , and settled at an amount of �78,000.00, which was a fair and ' � reasonable �ettlement, approved by the United States District � ,, �� Court, and purauant to consent, by order of said Court was ? � j stipulated to be entered aa a �udgment against said City; now, ` ' therefore, be it } i � F � � , RESOLVED, That the settlement of said claim in the amount of ; „ $7$,000.00 is hereby approved and the proper City officera are : � �'r su t hor ize d an d d ire �e d to pay ea i d a m ou n t o�i t�:o f C i t y f u n d s a s ! •� follows : �53,156.� from �he Bond Fund 7210-SE-22, and $2�,8�3;g� � from �he Loca1 Improvement Fund 0920-701; such payment to be '' made to the P43.chigan Sewer Construction Company, a Michigan Corps�- � � ration, to discharge the �udgment to be entered herein, and to j � accept the Satisfaction of Judgment for esid amount in form approved i by the Corporation Counsel o� the City of Saint Paul, thereby ; I sat3sfying all claima connected with the conatruction of the Shaft A Complex, a9 rela�ed herein. ' � �ApR 4 �9� �. , COUNCILMEN Adopted by the Council 19— Yeas Nays , r Carlson � {� i�67 ? 'I Dalglish � Approved 19— Holland ' � Meredith Tn Favor � � Mayor j Tedesco O Against i� �� :;:��e��ii;�;::��:��::s::" : I i Mr.�Vice President (Peterson) �� i �22