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229310 OWIGINAL TO CITY CLERK �/���� , CITY OF ST. PAUL FOENCIL N�. �'d � . OFFICE OF THE CITY CLERK , COUN OLUTION=,GE ERAL FORM PRESENTED BY COMMISSIONE F RESOLZTED, �hat the proper City officers be a.nd Y�ereby axe authorized to approve the contract for services with the tJ. S. 9rmy, Corps of Engineers in t�e amo(j of $1,52�-.20 for the installation and testing of two 2 butterfly type cY�eek valves at the Mo�es Street I+'lood Pump Station by City Forees as described in Corps of Engineers Gontrac� ATo. DA-21-018-CIVENG-66-359, a copy of said eo�tract being attached hereto and ineorporated herein by -referenee . , FORM APPROVED � Ass . Corporation Coun el , � COUNCILMEN ,J � � 91966 Adopted by the Counci I9— Yeas Nays Carlson �aJ� �,9196� Dalglish proved 19_ Holland ° Meredith In Favor Peterson Mayor Tedesco J A gainst ,. Mr. President, Byrne Pl!$LISHED J U L 2 19$� �zz • � 22���0 DU�LIGATE TO rRINTER , CITY OF ST. PAUL �OENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF - � . RESOLVED, �hat the proper Ci�y offieers be and hereby are authorized to approve �he contraet f'or servioea with �he U. S. Army, Corps of En�g3neers in the amoun� of $1,52�+.20 for the in�tallation and ��ating af two (2} butterfly typ� eheak valves at the Moses Street Flood Pump 3tation by Cit3r Forees a� desaribed in Corps o� ` Engineer$ Contrac� No. DA-21-018-CIYFNa-66-359, a copy of said Qontraat being attached hereto and incorpora�ed here�.n by reFerence. 4 D COUNCILMEN �U(1J Z 9 �� Adopted by the Council 19— Yeas Nays Carlson JU(� � 9 ��� Dalglish Approved 19— Holland Meredith In Favor Peterson � Mayor Tedesco A gainst Mr. President, Byrne � �2z . ���� 1 0 I�EGOTIATED Contract No. DA-21•+018-c��-66-359 CONTRACT FOR �ERVICES DEPARTMENT OF THE ARNIY ST. PAUL DISTRICT, CORPS OF ENGINEERS 1217 U.S. Post Office and Custom House S�. Paul, Minnesota 55101 CONTRACTOR AND ADDRESS: CTTY OF ST. PAUL City Iia11 and Court House St, Paul, Minnesota 55101 (Tel. No. 223-�+321) . CONTRACT FOR: Valve Installation and Test3ng Services LOCATION: St. Paul, Minnesota AMOUNT: $1,524.20 PAYMENT: To be made by Disbursing Officer at St. Paul District, Corps of Engineers St. Paut, Nlinnesota 55101 The supplies and services to be obtained by this instrument axe au- thorized by, axe for the purposes set forth in, and are chargeable to the following allotments, the available balances of which are sufPicient to cover the cost of the same: 96X3122 Construct3.on General 03-502-013-0000-01 This contra.ct is negotiated pursuant to the following authority; -- � 10 USC 23o4(a)(3). . Eci-3o6 16 Jan 63 rl Contract No. DiA-21-018•CNENG-66-359 CONTRACT FOR SERVICES This Contract, entered 3nto this 20th day of Jurie i966, by the tJNITED STATE3 OF �AMERICA" (hereina,fter re�erred to as the Government) represented by the Contractin� OffYcer executing this contract a.nd the CITY OF ST. PAUL, a mianicipal corpora.tion organized a,nd existing under the laws of the State of Minnesota (hereinafter referred to as the Contractor); WITNESSE�H TBAT: � • WHEREAS, the accomplishment of the worl� and serv3ces herelnaYter described in the manner contemplated herein is authorized by la.w; and . W�REAS, the Contractor's organization is specially qualiPied and equipped to perform such work and services; and WHFREAS, it is in the best interest of the Government to obtain the aesistance�of the Contractor's organization in connection with said work a,nd services, . • • NOW, THEREF'ORE,..the parties hereto do mutua,].ly agree as follows: ARTICLE.l. Character and Extent of Services. The Contractor shall .flarnish the personnel, equipment, tools, materials and transportation necessary �or the installation of two (2) Butterfly-type check valv�es < in the pump discharge pipes, as indicated on Drawl.ng No. M-P2-64/178, dated l�+ May�1966, and for oper�.tiona,l testing of the check valves as described herein. . � � (a) Remove the coal tar coating �rom the inside surface of each pump discha.rge pipe .to the extent necessary to install the check valves as _indicated, and with the procedure as out]3ned on Drawing . M-P2-64�178. . (b) Conatruct and .install the bu]lcheads as required to aeal the 66-inch iiiameter,C.M.P. inlet and outlet openings at the pump sump chamber. , � (c). Operational testing will requi.re tha,t the sump chamber be filled' with wa,ter to provide pump operation for pumping the wa.�er from the s�p chamber into the discharge chamber. The volume of vrater in the sump chamber shall be supplied and�or regulated to permit the shutdown of each storm water pu�qp at sump low water elevation of approximately �9•50 with the discharge chamber water elevation at 2-Poot intervals between elevations 696.00 and 710.80. Tests w311 be conducted separately �or each pump. • . . . (d) After completion o� testing the bulkheads sha,ll be removed, the inside surfaces of the dische,rge pipe shall be recoated with coal tar, and the exposed surfaces o� the new steel camponents sha11 also be coated with coal tar. 1 ARTICLE 6. Drewinpa and Other Data to Become Property of Government. (a) The Contractor egrees that all notes, designs, drawings, specf�ications and other technical data produced ia tbe performance of this contract shall be the sole property of the Governtnent including all rights tberein of whatever kind. and whether arising fram the common or civil law,equity, or the statutea of the United States or any State thereof. � (b) The Contractor agrees that dul.y authorized representatives of the' .Government' shall have access, at all reasonable time�� to inspect and � make copies of all notes, designs,drawings, apecifications or other -� technical data pertaining to the work to be per�ormed under this contract. ARTICLE 7. Contracting Officeris Decisions. The extent and character of the work and services to be performed by the Contractor shall be sub�ect� to the general supervision, directioa, control and approval of the Contract.� ; , t in� Officer to whom the Contractor shall report and 'be responsible. Ia the � ' event that there sball be ar�y dispute with regard ta the extent and character� , of the work to be done, the decieion oP the Contracting Officer shall govern, but the Contractor shell have the right of s�peal es provided in ARTICLE 6: ARTICLE 8. - Disputes. (Jan 1958) (a) Except as otherwise provided in this contract, any�dispute concerning e question of fact arising under this contract Which is not disposed of by agreement shall be decided by the Contracting OfPicer; who shall reduce his decision to vriting and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Of�icer shall be final and conclusive unless, within�30 d�ys from the date of receipt of such copy, the Contractor mails or otherwise Purnishea to the Contracting�Officer a written appeal addressed to the Secre�ary. The decision of the Secretaxy or hia duly•authorized repre- ' sentative�for the determination of such appeels shall be final and conclus3ve unless determined by a court of competent �urisdiction to have been fxaudu- lent, or ce►pric3ous, or arbitxary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In coanec- tion with aqy appeal proceeding under this clause, the Contractor shall be af�orded an opportunity to be hesrd and to offer evidence in support of his appeal. Pending final decision of a dispute' hereunder; the Con- trQCtor shall proceed diligently with the perPormance of the contrect and • in accardance with the Contracting Officer's decieion. - � (b) This "Disputes" clause does not preclude consideration of law � questions in connection with decisions provided Por in paragraph (a) above; �rovided, that nothing in this contract shall be conatrued as making final . the .decision of any administrative official, representative, or board an a . question of 1aw. (A3PR 7-103.12) � ARTICLE 9. Termination. (a) The Government may terminate thie coatract at aay time and for any cause by a notice in writing fram the Contracting � ' OYficer to �he Contractor. Upon receipt cf such notice the Contractor shall� unless the notice dire.cts otherw3se, immediately. discontinue'.all••aork. �nd - services. Ecz-A 306 3 ARTICLE 12. Covenant Against Contin�ent Fees. (Jan. i958) The Contractor wax"rants 'tha.t 'nd person'�or'selling agency has been employed or retained �o solicit or secure this contract upon•an agreement or under- standing for a commission, 'percentage, brolterage, or contingent fee, • excepting bona�fide employees or bona fide established commercial or selling agencies ma3.ni:ained by the Contractor for the pu�iose of�securing business. For breach or violation or this waxranty the Government shall have the ' right to annul �chis contract without liabilit�r or in 3ts discretion, to deduct�from 'the contract price or consideration, or otherFrlse recover, the 'full� amount of such commission, percenicage, brokerage or contin�ent fee. � (ASPR 7-103.20) - �. - . . � ,-- ARTICLE ].�. Convict La.bor. (Mar. 1g49) In connection with the per- formance of work'�urider this contract, the�Contractor agreea not to employ any;person undergoing sentence of imprisonmen� at hard labor. (ASPR 12-203) _ . , . � . . , . ARTTCLE 1.�. Assigrnnent of Claims. (Feb. 1962) (a) Pursuant to the ...provisions ofl i:he Assignment of Claims Act o� 1940, as amended _(31 U.S.C. �� 203, �+1 U.S.C. 15),' if this contract provide�s for payments aggregating $1,000 or more, claims' for monies due or to becouie due �the C�ntractor from the C�vernment under tliis contract may be assigned to a ba.nk,' trust compar�y, or other tinancing institution, including ariy Federal Lending Agency, ' and may thereafter be further assigned and'reassigned to any such institu-• tion. -Any such assignment� or reassignment sha11 cover all amounts payable under this contract a.nd not already paid, and shall. not be made to more than one par�ty, except that any such assi�nment or reassignment may Ue � made to one pa�cy as agent or trustee for ttro or more. parties participating in such financing. Unless otherwise prov�.ded in this contract, payments �o an assignee of any monies due or to become due under this contract shall not, to the extent provided iri said Act, as aanended, be sub,ject to reduc- �tion or set-off. (b) Tn no event shall copiee of this contract or of ar{y plans, . �� specificatiori"s,'or"other siuiil'ar documents��rela.ting to wor�: under this contract, if marked "Top Secret,"- "Secret," or' "Confidential," be furnished to any assignee of any �cl.aim arising vnder ��his contract or .to any other person not en�titled � �receive the same. However, a copy of any part or all of �his concract so marked may be flirnished, or any information con- tained therein may be-disclosed, to such assignee upon the prior written authorization of.the Contracting Officer. (ASPR �(-103.8) _ . :�I„r r�-�-�.r��pes�—(Ma.y 1g63) =�To vision of this con��ract, unless paid within 30 days �all amot , at be- come payab].s bf the'Contractor to the Government unde s contract (net oz' aazy applicable tax credit under the Inter ' evenue C�de) shall bear• interest at the�rate of six percent tun i'roc� the date due until paid and sh�ell be sub�ect to ad3us s as provided by Part 6 of Appendix E of the Armed Services urement Re�ulation, as in effect on the date oY this contract ounts sha1.I be due upon the earliest one of (i) the date fixed t to tai.s contract, (ii) the dai;e of the first written demand nt wi.th this-co�o� '' ���'� � '''��-'r� -� +�� :++..,, , � � . Ecr-A 306 5 • ' ' " �' r� .' . .. � .:j . ..� , 'i y+ • '. . . ARTICLE 19. Gratuities. (March 1952). (a).� The Government may,� by written notice_to the Contractor, terminate the right of the Contractor to proceed uncler this contrac� if it 3a found, a�ter notice and hearing, by the Secretary or his duly authorized representative, that gratuities (3n the form of entertainment, gifts, or otherwise) were offered or gi�ren by the Contractor, or any agent or representative of the Contractor, to , any oPficer or employee of•the Government wlth a view toward securing a contract or securing �avorable treatment with respect to the awardir�g or amending, or the mald.ng of any determina.tions with respect to the perform- ing of such contra,ct; provided, that the existence of the facts upon which the Secretary or his duly authorized representative makes such Pindings shell be in issue a.nd may be reviewed in ar�y competent court. (b) In the event this contract is�terminated e.s provided in paragraph (a) hereof, the Government shall be entitled (i) to pixrsue the same remedies ag�inst the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (ii) as a penalty�3n ad- dition to any other damages to which it ma.y be ent3tled by law, to exemp- lary d'amages in an amount (as determined by the Secretary or. his duly au- thoxi,.zed_,repreaentative) which sha,ll be not less than three nor more than ten times the costs incurred by the �Contractor in providing"any such gra.- tuities to any such of�icer or employee. • � (c) The rights a.nd remedies of the Government prov3ded in this clause shall not be exclusive and axe in addition to a�y other rights and remedies provided by law or under th3s contract. (ASPR 7-104.16) ARTICLE 20. Government-Furn3.shed Property (Short Form) (Nov. 196�+). (a) The Government shall deliver to the Contractor, for use only in con- nection with this contract, the property described in the schedule or specifications (here3.nafter referred to as "Government-furnished property"), at the times and locations stated therein. Tf the Government-furnished property, suitable for its intended use, is not so delivered to the Con- tractor, �he Contracting Officer shall, upon time],y written re quest made by the Contra.ctor, and if the facts warrant such action, equitabl,y ad�ust any affected provision of this contract pursua.nt to the procedures of the "Changes" clause hereof. (b) Title to C�vernment-furnished property ahall rem�in in the Government. The Contractor shall maintain adequate property control records of Government-furnished property in accordance .y�ith sound �indus- trial practice. (c) Unless otherwise provided in this. contract, the Contractor, upon delivery to him of any Government-furnished property, assumeg the risk of, and shall be responsible for, any loss thereof or da�age thereto except for reasonable s•rear �and tear, a.nd except to the extent that such property is consumed in the performance of this contract. Ecz-a 306 7 . Contract No. DA-21-018-CIVEN(3-66-359 2o June 1966 IN WITNESS WBEREOF, the parties hereto have executed this contra,ct as of the day and year first above written. THE tINITED STATES OF AMERICA BY- V. P. SCHIQEIDER Date � Chief, Supply Division Contracting Officer (City Sea7.) CITY OF ST. PAUL, MINNESOTA Countersigned By Mayor BY City Comptroller By Commiss3oner of Public Works Approved as to form a.nd execution BY City Clerk Corpora on Counsel BY President Board of Wat Commissioners (Board Seal) BY Secretary Board of Water Commissioners Approved for the Boa ral Manager 9 v a contract No. na-2i-oi8-czvErrG66-359 20 June 1g66 CERTIFICATE I� , certif� that T am the City Clerk bf the City of St. Paul, Minnesota, named as Contractor herein; that who signed this contract on behalf of the Contractor was then Mayor of said City; that said contract wa.s duly signed for and on behalf of said City by authority of its governing body a.nd is within the scope of its corporate powers. IN WITNESS WHEI3EOF, T have hereunto affixed my h8nd and the seal of said City this day of June 1966. (City Seal) City Clerk CERTIFICATE � . , certify that I am the ecretary of the Bo of Water Commissioners of the City oP St. Pa , Minnesota named as Contra r herein; that who signed this contr�ct on behal of the Contractor z•ras en President of said Board; that said contract was duly ed �or d on behalf o� sa3.d Board by authority oP its govexn3.ng �ody s within the scope of its corporate powers. IN WITNESS F, I have hereunto affixe hand a,nd the seal of said Board t day of June 19 ARD SEAL) - Secretary 10 , r- - . i . � ,. � . p DEPARTMENT OF THE AF?MY �`'�ti�����I r�'��� i;, ST. PAUL DISTRICT. CORPS OF ENGINEERS �`Z�'�Y��'` 1217 U. S. POST OFFICE & CUSTOM HOUSE � � � � �. � '' ST. PAUL, MINNESOTA 55101 _ J � : . ' IN REPLY REFER TO ' �TCSSP-P 21 June 1966 . � City of St o Paul • � City Ha� a,nd Court House , Sto Paul, Minnesota 55101 . A�T; b�re Kent Schonberger, A�a,intena,nce Engineer GentZemen: � Tc7o copies of Contract No. l�A-21-018-c�NG-66-359 for Valve Installation and Testing Services, St. Pa.u1, Minnesota, • are incZosed for your accept�,nce. Ple�,se s�gn both copies in � the spa,ce provided incl.uding the cer�cif�cates and return both ' copies as soon as possible. An adva,nce copy of the contract � • is .d.nclosed �or your info!r�,tion pending receipt of a f�i11y sign.ed copy approved by the Contracting Officer. • Sincerel,y yours, _ 1 Tncl (trip) V, P, SCKNEIDER Contr �66-359 C}.�.ef, Supply Division � � �r�dFrg Contracting Of�icer �� ror your information, the attached contract is for an experimental and ~ tes�t insfia� lation of butterfly type fla� gares at the Moses Street Flood , Purnp Station, which, if tests prove feasible, will inctude the subsequent , installation of the same type gates at fhe Custer and Chester Street Flood Pump Stations. � � ' , . , . -_----- . . � _