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229568ORIGINAL TO CIjY CLERK i PRESENTED BY ROBERT COMMISSIONER CITY OF ST. PAUL COUNCIL NO. 8 OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM WHEREAS, the City of St. Paul has entered into a contract with Ashbach Construction Company under date of August 17, 19640 Comptroller's Contract L- 6170 -26, for the construction of SHEPARD ROAD from W. Seventh Street Boulevard to Davern Avenue, City Project P -317, and Mississippi River Boulevard from W. Seventh Street Boulevard to the east -line of Section 21, City Project P -3129 and WHEREAS, THIS contract, among other things, provides for the construction of a Crib Wall along a portion of the Mississippi River Boulevard, consistipg of a number of pre -cast concrete members, known as stretchers and headers, varying in size from (5" x 8" x 61 - 811) to (6" x 10" x 61 - 5 110) stacked in such a way as to form a retaining wall for embankment, with the bid Item for payment based on the area of the front face in square feet, and WHEREAS, that Contractor states that his unit price bid was computed on the basis of the cost of the total number of pre -cast members, as shown in the Plans plus the cost of installation divided by the number of square feet of area shown on the bid proposal, and that due to a discrepancy between the area of 1310 square feet as set forth in the Schedule of Prices in tE-e bid proposal and the actual area of 1170.7 square feet, as computed from the Plans, he was mislead into submitting a bid of $7.10 per square foot based on the proposal quantity of 1310 square feet, and WHEREAS, the unit price bid should have been $7.945 per square foot, based on the actual plan quantity of 1170.7 square feet, and WHEREAS, the final area of crib wall as installed was 1535 square feet, the Contractor claims that he would suffer unjustified loss, if the bid price of $7.10 per sq. foot prevails and requests that the bid price be adjusted to $7.945 per square foot to compensate him for the discrepancy between the bid proposal and the plans; now therefore be it RESOLVED, that the unit price be adjusted to $7.945 per square foot, since the error was not due to any fault of the Contractor and that the final quantity of 1535 square feet be computed at the adjusted unit price of $7.945 per square foot, totalling $12,195.570 and be it FURTHER RESOLVED, that Ashbach Const. Co. file its written acceptance of the terms and conditions contained in this resolution with the City Comptroller within COUNCILMEN Adopted by the Council 19._ Yeas Nays Carlson Dalglish Approved 19— Holland Meredith In Favor 4A Peterson Mayor Tedesco; „ Against Mr. President, Byrne , zz ORIGINAL TO CITY CLERK CITY OF ST. PAUL COUNCIL ?2j9 r OFFICE OF THE CITY CLERK FILE NO. _ r COUNCIL RESOLUTION - GENERAL FORM t PRESENTED BY July 21, 1966 COMMISSIONER ROBERT F. PETERSON. DATE -2- 20 days from the effective date of this resolution. COUNCILMEN Yeas Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President, Byrne •''- Adopted by the Council JUL 21 1966 19 JUL 21 1966 Approved 19— In Favor Mayor Against PUBLISHED JUL 2 3 1966 22 DUPLICATE TO PFUNTER CITY OF ST. PAUL FILENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM 1COMMTED BY ltOHI �� pEWON Jn�lj►' 21', 1966 COMMISSI ONES DATE - WHO W—a the City of St. Paul has entered into a contract with Aabbach Construction .Coapany wider date ;of 'itiigudt ,17.; 19614 , C�di ptrolisrl s . Contract, L- 6170 -26. for ,tliel construction of SHRPAkt} 'iJQAU...f vo 'W. Swenth Street Boulevard to D4,gern Avenue. City Ytn�ect P- 317.'aind.mississippi' River, ,Boulevard from W, Seventh Strut Boulevard to the east =•line •ot Section 21,, City Project P -3i2. and WA$1SAS' TEi)<S contract, a other things, provides for the construction of a Qr.b Wall along a portion,of' the Kiasissippi giver Boulevard;'consistip of, o, nupber of pre -cast concrete gee bl ers, known as stretchers and headers; varying in size frog (5". 3t S" i,61 - S"� to (6w s 101 x 61 - 5 "03 stacked' in,,sucb a way as to form a' retainn$ wall ,for eubanhaeent, with the bid Yteu for,payment based on the aiea of,the'front face in 'guars faits and WRV S, th GontractoF, statex that, his unit, price bid,was computed on the basis of the cost of the ,topal , n}ipber of pre -cast "bens, as shown in tiffs Plans plus, the, coax, of, installation, divided by the numbar' of square fret 'af area shown on the bid pxgposal, and that due to a discrepancy between the gifta of 1310 square feet ap set forth, An, the' Sebeduie of Prices in =.tile bid proposal end the actual area of 1170.7 square feet, as computed from the Plans, he was mislead Into submitting a bid of $7.10 per square foot based on the proposal quantity, ,of 1310 square feet, and WHB!Wp ,the unit price bid should have been $7.945 per square foots based an,the actual plan quantity of 1170.? square feats and WH13RM, the final area of crib wall as installed was 1535 square feet, the Contractor claims that he would suffer unjustified loss, if the bid price of $7.10 per sq. foot prevails and requests that the bid price be adjusted to $7.945 per square foot to compensate him for the discrepancy between the bid proposal and the plans, now therefore be it WOWED,, that the unit price be adjusted to $7..945 per square foot, since the error was not due to any fault of the Contractor and that the final quantity of 1535 square feet be computed at the adjusted unit price of $7.945 per square foot, totalling $120195.57, and be it FQ1lTM R830LVBD, that Ashbach Const. Co. file its written acceptance of the torus and conditions contained in this resolution with the'City Comptroller within COUNCILMEN Yeas Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President, Byrne In Favor A gainst Adopted by the Council 19— V Approved 19— Mayor 22 ,�> DUPLICATE TO PJNNTER 229568 CITY OF ST. PAUL FILENCIL NO. • OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BYQ�) COMMISSIONER DATE July 21,' 1966 _ ' • 2- ' 20 days'from the effective date of this resolution. COUNCILMEN JUL 2 1'1966 Adopted by the Council 19— Yeas Nays Carlson JUL 21 1966 Dalglish Approved 19— Holland Meredith 1n Favor Peterson Mayor. Tedesco Against Mr. President, Byrne zz