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
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. 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. �
�
' , . , . -_----- . . � _