213746ORIGINAL TO CITY CLERK
PRESENTED BY
COMMISSION
-1-3,63 9
CITY OF ST. PAUL COUNCIL
OFFICE OF THE CITY CLERK FILE NO.
COUNCIL Ry LUTION— GENERAL FORM : s n File No. 213748 —By Milton
nereas, Under Contract No. 81 -Srj
known as the St. Peter- Rondo'Avj
a Itorm Water Relief Sewer, Secs
certain clacks he e. anger_
r
WHEREAS, under Contract No. 61 -S -479, known as
the St. Peter -Rondo Avenue S -torm Water Relief Sewer, Secs.
I and II, certain claims have arisen on.behalf of and -
against the City of St. Paul and its Contractor, Foley -
Hurley- Winston, a joint venture, in relation to which
claims said City claims against said Contractor certain
sums for additional engineering charges and liquidated
damages pursuant to said contract, and said Contractor
claims certain additional funds due for additional work,
labor and materials not contemplated or foreseen by said
contract; and
WHEREAS, the City and the Contractor desire
to adjust, compromise and enter into an Agreement regard-
ing mutual claims and set -offs, which Agreement is here-
unto attached and made a part hereof by reference; now,
therefore be it
RESOLVED, that the Council, being fully advised
in the premises, does hereby authorize the appropriate
City officials to adjust, compromise and agree concerning
said claims, all according to the Agreement attached as
aforesaid and said City officials are hereby authorized to
sign and execute said Agreement.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
In Favor
0 lnson
-peterson— 6
Rosen A gainst
Mr ,
10M 6-62
JUL 5
Adopted by the Council 19—
5 1963
Approve 19_
Mayor
V DUPLICATE TO PRINTER
-1349
• CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
WHEREAS, under Contract No. 61 -S -479 known as
the St. Peter -Rondo Avenue Storm Water Relief 6ewer, Seca.
I and II, certain claims have arisen on behalf of and
against the City of St. Paul and its Contractor, Foley -
Hurley- Winston, a joint venture, in relation to which
claims said City claims against said Contractor certain
sums for additional engineering charges and liquidated
damages pursuant to said contract, and said Contractor
claims certain additional funds due for additional work,
labor and materials not contemplated or foreseen by said
contract; and
.WHEREAS, the City and the Contractor desire
to adjust, compromise and enter into an Agreement regard-
ing mutual claims and set -offs, which Agreement is here-
unto attached and made a part hereof by reference; now,
therefore be it
RESOLVED, that the Council, being fully advised
in the premises, does hereby authorize the appropriate
City officials to adjust, compromise and agree concerning
said claims, all according to the Agreement attached as
aforesaid and said City officials are hereby authorized to
sign and execute said Agreement.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
.,MaAinso
Rosen
Mr, is
10M 6-62
In Favor
0 Against
Adopted by the Cou 5 19—
Approved 19—
Mayor
f
1, ,
i
AGREEMENT
WHEREAS, on March 9, 1961 a joint venture consisting of
Foley Brothers Inc. , Hurley Construction Company, and Winston Bros.
Company, hereinafter referred to as the Contractor entered into a
contract with the City of Saint Paul, which contract is known and designated
as City of Saint Paul Contract No. 615479, State Project Nos. 6282 -23,
6282 -41 and 6282 -40 (T. H. 94 -304); Federal Project No. Minn. I -094 -3
(8) 237, being for certain work to be performed and materials to be
furnished, all as therein described, in construction of the St. Peter -Rondo
Ave. Storm Water Relief Sewer, Secs. I and II, and the Rondo Ave. and
Rice Street Sanitary Diversion Sewer, and
WHEREAS, said contract provided for completion of said work
on or before July 15, 1962, and further provided for liquidated damages
to be paid by the Contractor to the City in the event that said work remained
unfinished after said date, in the amount of Fifty Dollars ($50. 00) for
each day said work remained unfinished, in addition to the cost of engineering
and inspection, and all other expenses necessarily incurred after the above
limited time had expired; and
WHEREAS, in addition to certain cave -ins of a relatively minor
nature at various points during tunneling, a major fall -out occurred on
February 10, 1962, extending through the section of tunnel from Station 30 +80
to Station 31 +65, which occurrence resulted in a large voided area above
the proposed tunnel roof, and required substantial amounts of additional
time, labor, materials and supplies to clean out the fallen materials and
debris and to re- construct that which had been destroyed or buried by
said cave -in, and to otherwise revise the working program to accommodate
for this change of circumstances; and
WHEREAS, it is the p
osition of the Contractor that the additional
e'involved and delay in work progress occasioned by
this fall -out, as -
tim
F.
well as other delays incurre d. by reason of flooding of the work_ site, an
0
f a variety of other circumstances during construction, all of which
work until the spring of 1963, resulted from
dela y ed completion`of said
conditions an circumstances beyond the fault or control of the Contractor,
for which an extension of time should be granted to the Contractor,• and the
and
Contractor r, eleas ed from any obligation to pay liquidated damages, •
- _ - position and
WHEREAS, in addition to the foregoing,
it is the
7 ' of the Contractor that substantial additional expense has been
claim
` the" Contractor as a result of the aforesaid fall -out, and
in by - - - -
t the Contractor has been required to perform additional work and _
that , .
se called for -
furnish additional materials _over and above tho by the
aoresaid contract, for all of which said Contractor is entitled to be
a
" ensated in substantial amounts in addition to the price specified
c orri 'p
in said contract; and s
WHEREAS, it is the position of the City of Saint Paul that
sible for the aforesaid delays, and that the
the Contractor is resp
on
City
is not responsible for` any additional costs or expenses incurred
by said Contractor; but that any and all such costs or expenses are the
- f the Contractor pursuant to the provisions of the aforesaid
- 'responsibility o _ -
contract, oin differences
' NOW THEREFORE, in order to resolve the foregoing
utes and as a compromise disposition of all differences, claims
and _ dis p ,
and disputes with reference to the aforesaid or
said contract or any wo
S
materials provided in the completion of said project, the parties here to
m
mutually agree to the following:
1, In consideration of the agreements of the City as herein -
-- aer,recited, the Contractor ag
rees to and does hereby waive and forego
ft
nt Paul with
- all claims of
an any kind or nature against the City of Sai
any
d
L , respect to the previously described contract and project, other than
• those payments providod for in said contract as amended in writing
and included within the specified contract price as amended in writing.
2. In consideration of said agreement by the Contractor,
the City agrees to grant, by appropriate documentation in the form of
change order, modification or supplemental agreement, an extension
of time for completion of said project sufficient to relieve the Contractor
from any responsibility or liability for any liquidated damages, or any
cost of engineering or inspection or any other expenses incurred after
July 15, 1962.
3. In further consideration of the aforesaid agreement by
the Contractor, the City agrees to and does hereby waive and forego any
claim against the Contractor with respect to the previously described
contract and project, including but not limited to any claim for liquidated
damages or any cost of engineering or inspection or any other expenses
incurred after July 15, 1962.
In witness whereof we have set our hands and seals this
day of July 1963.
Approved as to form this
day of July, 1963.
Assistant Corporation 7nse
Approved as to form and
execution.
Assistant Corporation Counsel
FOLEY -HURLEY - WINSTON
CONTRACTOR
By
eorge in quis
Attorney in Fact
CITY OF SAINT PAUL
By
Mayor
Commissioner of u is Works
City Clerk
Coff#troller