Loading...
208399v. ORIGINAL TO CITY CLERK i; PRESENTED BY COMMISSIONEI o unciie No. 2083ggL -By lFlF Robert F. Peterson— A" CITY OF ST. j Whereas, The Detei and Correc- • ons Commission m,,v of Saint OFFICE OF THE Caul and the eretoiore' •thori? E j�.K "'''� o tt+s NCIL RESOLUTION =- 9a`j teA1�t � p'JRM - , r Aw DATL rj. } UoE No. 20839,9 WHEREAS, the Detention and Corrections Com- mission of the City of Saint Paul'and the County of Ramsey, has heretofore authorized, subject to the concurrence of the Council of the City of Saint Paul and the Board of County Commissioners of Ramsey County, settlement and com- promise of the claim of James Steel Construction Company arising out of construction of the Joint City and County Workhouse which compromise settlement involves payment in the amount of $8,000 to said company, the same to consti- tute a full,- -,final and complete settlement of all claims of the parties arising out of or by virtue of work con- templated by the agreement between said James Steel Con - Struction Company, the said Commission, City of Saint Paul and the County of Ramsey; NOW, THEREFORE, BE IT RESOLVED, that the proper officers of the City of Saint Paul are hereby authorized and directed to execute a release to effectuate settlement of the aforementioned claim, a copy of said release being attached hereto and made a part hereof by reference; and be it FURTHER RESOLVED that the proper officers of the City,upon concurrence in this settlement by the County { Board, are authorized to approve as necessary payment of this claim in the amount of $8,000 to the James Steel Construction Company. COUNCILMEN Adopted by the Council_ 19— Yeas I Nays Dalglish Rolland Annrnvpd 19— Loss Tn Favor Mortinson j.. a Peterson v Mayor Against Rosen s Mr. President, Vavoulis 101\1 %,8-02 1 20(93 9 DUPLICATE TO PRINTER CITY OF ST. PAUL COUNCIL OFFICE OF THE CITY CLERK FILE NO. _ COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE WHEREAS, the Detention and Corrections Com- mission of the City of Saint Paul and the County of Ramsey, has heretofore authorized, subject to the concurrence of the Council of the City of Saint Paul and the Board of County Commissioners of Ramsey County, settlement and com- promise of the claim of James Steel Construction Company arising out of construction of the Joint City and County Workhouse which compromise settlement involves payment in the amount of $8,000 to said company, the same to consti- tute d full, -final and complete settlement of all claims of the parties arising out of or by virtue of work con- templated by the agreement between said James Steel Con - Struotion Company, the said Commission! City of Saint Paul and the County of Ramsey; NOW, THEREFORE, BE IT RESOLVED, that the proper officers of the City of Saint Paul are hereby authorized and directed to execute a release to effectuate settlement of the aforementioned claim, a copy of said release being attached hereto and made a part hereof by reference; and be it FURTHER RESOLVED that the proper officers of the City,upon concurrence in this settlement by the County Board, are authorized to approve as necessary payment of this claim in the amount of $8,000 to the James Steel Construction Company. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis lOr1 6-62 In Favor Against Adopted by the CounciJUL 31 W 19_ JUL 31 152 Approved 19— Mayor BOARD- OF � RAMSEY COMMISSIONERS ` z GEORGE J. VAVOULIS 'COU,NT.Y"_CO•MMI•SS1•JONERS CHAIRMAN _ r WILLIAM E. CARLSON STATE OF MINNESOTA JOHN E. DAUBNEY EDWARD K. DELANEY OFFICE OF THE SECRETARY - -, HAROLD F. GOODRICH - " EUGENE A. MONICK __ 4 rC O U N T Y A U D,I T O -R RED SALVERDAU ",RAMSEY COUNTY COURT HOUSE _ SAINT PAUL 2 _ _r MINNESOTA July„ 31, .1462 lAr. Bernard N: Troj,e, Fxecutive._Airector = Detention and - -Workhouse Fadility--C ompiissgion of . Ramsey - County 'and ?G'ty of St Poul 1. -' ; Room 1700-House 8 City Hall Bldg: ' Saint' Paul" 2', Ming: s F k Dear tic. Troje: ; Forwarded herewith i$ a copy,of an agreement between the • Detention -and Workhouse Ficility-Cg6bission and the James Steele, Construction Company providing for a4ottlement of the claim of the Company because ,of delays upon payment of eight thousand dollars, ($8t00o.90) by _the Detention.and Workhouse Faoility Commission. This agreement was approved by the Board, of Ramsey County = Commissioners-on July 30,, 1962 as evidenced by •the signature of ,- George J..-• Vavoulis, Chairman - of the- ,R_amsby. County D6ard atte§ted to. by Eugene A. �tggick; County Auditor,` and also evidenced 'by County Board'. Resolution Oo• 9- 6416,,•a -copy of which is :attached. Whey the agreement has. boon approved by all parties''thereto, and fully executed, will you'please furnish a copy'for the County Board 'Files to-' Eugene A. Monickg ftmoey County Auditor,• Attentions James. D. Swan. , s Very truly yours M1 _ FtJGEN9 A. -V,=CKq 'County Auditor n. .T••D. $wanf Executive Secretary JDS:ps Eno. cc Saint Paul City Council % Mrs:,A9nes D'Conn'elloCity Clerk _ Mr. Joseph J'. ,Mitchell i- City Comptroller'. -Mr: William J.. Peteral Chief Acct.,'. County Auditor's Office The Jambs:•Steelo.Construction Company - r - 1006 Rice 'St. � . St. Paul, Minn. %Countp %UbitOr'!a Office 11 St. Paul, Minn., COUNTY BOARD File No. 1636 Resolution No. 9 -6+15 July 31 / lg 62 The attention of Detention and Workhouse Facility Commission, City Council, City Comptroller, County Auditor, Attention: Wm. J. Peters, General Accountant, and James Steele Construction Co. i is respectfully called to the following Resolution of the Board of County Commissioners of Ramsey County, Minnesota, adopted at the meeting held on July 30, 1962 By Commissioner Goodrich r WHEREAS The Detention and Workhouse Facility Commission of the County of Ramsey and the City of St. Paul, with the approval of the Board of County Commissioners and the Council of the City of St. Paul, entered into a contract with the James Steele Construction Co. for the construction of a new Joint City and County Workhouse Detention Facility, and WHEREAS Certain controversies and disputes have arisen in connection with the terms, provisions and conditions thereto as a result of difficulties and delays en- countered, and WHEREAS The James Steele Construction Co., because of such difficulties and delays, has filed with the said Commission a claim in excess of $11,000.00, and WHEREAS The said Commission and said contractor, through representatives, have negotiated a proposed settlement and compromise, whereby the ffaid Construction Company will accept the sum of $8000.00 in full and final complete settlement of all claims and demands of whatsoever kind and nature which it may have against the said Detention and Workhouse Facility Commission: Now, therefore, Be It RESOLVED That the Board of Ramsey County Commissioners hereby approves the said agreement between the Detention and Workhouse Facility Commission and the James Steele Construction Co. for the settlement of all claims and demands of the said Construction Co. against said Detention and Workhouse Facility Commission upon the payment to said Construction Company of $8000.00, and approves all terms and conditions of said agreement, subject to the approval of the Council of the City of St. Paul, and subject to the approval of the City and County Workhouse and Detention Facility Commission. f .S EUGENE A. ONICIL County Auditor By Deputy. Form Aud. 200 RELEASE WEEMS,, the Mtention and Workhouso ftaility Commission of the County of Ramsey and tho City of Saint Paul, in its own behalf and on behalf of-the County of Ramsey and tho City of Saint Paul, heretofore, on the 22n4 day of September.* 1958, entered into a construationagreement for construction of the New Joint City and County workh©dse Detention Facility with the Jams Steele Construction Company, a lninnesota. eorporation., which agreement reaitod, in fart, that it was 4by and between Jades Steele Construction Company, a M =esota corporation, heroinafter called cpntraotor# and the City and County Detention cad Workhouse Vacuity Commizzlon of the County of Ramsey and the 'City of Saint Paul, hereinafter called tho Omer "I and WHEREAS$, certain controversies and disputea have arisen In conheotion with the terms,, provisions and aondItions of the aforementioned agreement of September 22, 1958a as $.result of ` cdirficul.tles and delays encountered In the completf on of the struoture which resulted from conditions beyond the control of sa ld parties; and WHEREAS, because of suoh difficulties .and delays the said James Steele Conmtruetlon Company has heretofore filed with the said Detention Commission a 01alm in ex0ess of Eleven Thousand Dollars ($11, d4o. C0) g and NM E_.AS, -the F Iozo acting through representatives of each of said panties,$ have npootiat ®d, sub jeot ' to the approval of the parties# a proposed settlement and compromise of the controversies ` and disputes existing between the parties to this agraement$ whereby and wherounder the Jams Steele Comtr<action Coppanyy' wall accept the sum of Eight Thousand Dollars ( $8,, QCO. CC) In fuU* tinat and complete r � i fil ,6 L settlement of 'ail claims and demands of whatsoever kind and nature it may have had against the said Detention Commission; Nora, Therefore, be it PROVIDED; That for and in consideration of the sum of Sight Thousand Dollars ($8.4000.00) cash in hand Wd by the City and County Detention and Workhouse Facility Commission of the City of Saint Paul and the County of Ramsey, the City of Saint Paul, Minnesota# and the County of Ramsey, State of Minnesota, hereinafter referred to as the parties of the first part, to James Steele ConstruotIon Company, a, Minnesota oorporation, hereinafter referred to as the party of the second part, receipt of the aforesaid consideration of Eight Thousand Dollars ($S,0(4.00) being hereby confessed and acknowledged by sald party ot'the second part, and, in Further consideration of the mutual covenants herein contained, it is hereby AGREED: 1, That the party of the second part, its successors and assigns, hereby releases the parties of the first part, their successors and assigns, and their officers, servant$, agents and employes From all sums of money, accounts,, actions, suits,' proeeedings, claims and demands whatsoever-which-said party of the second part, Jam'6$ Steele Construction Company, at any time had or had had up to the date of these prIesents, against said parties of the first parts their successors and assigns, and their officers, servants, agents and employes,, for or by reason of or in respect of any asst, cause, natter or thing arising but of or associated with the aforesaid agreemenl� of the 22nd dray of September, 1958. Y 4•� 2. That for and in consideration of the mutual covenants herein contained, the parties hereto do hereby release and forever discharge each other from all sums of money,* aecounte, actions, suit's, pr©ceedfrg3, ol&Ams and demands whatsoever which oit -her of the parties toad, or has had up to the date of these prevents as against the other arising out of or associated with the performance or completion of work contemplated by the aforesaid agreement of the 22nd daj of September, 1958., between said parties. 3o That the pay= ent of the aforeaa,id F4&t Thousand Dollars $8,000.00) upon execution, of this release �y the Fames Steele Construction Company, through its proper officers, and by the proper officers off' the aforesaid Detention and Workhouse Facility Co=ission of the County of R isey and the City of Saint Paul and the proper officers of the City of Saint Paul and the County of Ramsey" aria ,constitute a full, ..final, and complete settlement between the parties of all claims and controversies existing between them up to the mate of these presents arising out of or associated with all work pursuant: to the provisions of the aforesaid agreement of the 22nd day of September, 1958, 4. That the payment of the aforesaid Eight Thousand Dollars (0.* 000.00) shall be in the fo-m of a drart drawn on County funds initially and shall ice payable, jointly and severally, to James Steele Construction Company and its attorney, the firm of Briggs and Morgans represented by B. Clarence :dart. IN WITMSS WHZPE0P the parties have set their handQ and se4z this day of .... s 19620 CITY AND COMIVY MV1VENTION AND WOMOUSE VACILITY C01124ISSION OF TIM CITY OF SAINT PAUL AND TIM COUNTY OF RAMSEY ee airman p 3 FXeaUtjV0 35cretary C of SAINT PAU,, MINNESOTA By Co ntersiznedx yor My omptro er ty U 16 i C''oulay Q? RAMM o State of 10=osot APPROVED JUL 8 () 1962 ti.e BY BOARD OF ' COUNTY 60MMISS1ONERS d County Commissioners ' ATTEST • o y Au4itor � • Approved as to fom: AssirrVamt Coiiybratloft Uowizel- City pf Saint Paul Approved as to fom: ssis an f county"" ,_AttolmlQy County of Ramsey r , 1 _ a e ' 1 • Jr. I- V — a. r 1.) 3h Presence of yr BRIGGS AND MORGAN BY as attorneys.ror James Steele Construction Company ST=, OF 14IMESOTA COU= OF RMLq3V- on thia 27th day of July before me., a notary public,# wlTfil—nand for sal Teounty personally appeared James G. Steele and Martha G. Steele to me pa-r-e-0-M �'y no;ln�,w 34 eg� each --V. -- me- -My sworn Rd say ty that they are respeotively the President and Secretary of the corpomtion named In the- T----T---T- orego n g an' T&-f"Tge"�..' seal affixed to said instzuraent Is the oorporate seal of said ' corporation, and that mid 1nztriAment was signed and sealed In behalf of sa3 4 corporation by authority of its Board of . Directors said Janes Co Steele and Martha 0. gteele- acknowledged, said MsOw'-ent to be 145 rr-a-e-7-dt Mi ZjeeU of Sal 14- owl V . . tary ?W�Iieo aey COW%t DW corm asi res '. julyy�o.* 196-T tL �- HAVXpi Notary Public, Ramsey county, Minn. MY Commission . Expires July 30, 1967, Approved as to form and ex.0cution,, this day of 1962 IsHoUa- �OrporaiUE doung5l City of Saint Paul ApproVed as to form and execution thla 's" y 0 f d 1962 A8816-Vd--ht'C0U-nFY- ittolmey County of Ramsey e tii .111, t� R LRA. Si.R FiHH EiRA$', the Detention and Workhouse Facility Urrimi.ssion Of the County of ftmaey and 'tire City of Saint Paul, in its oven behalf and on behalf of tho County o.f - Ramasy and the City of °,eixlt. Petal. heretofore,, on the 22nd day of September, 1958, entered irxto m oonst;rudt�on agreemont for construction of the flew Joint City und• 0ounty Workhouse Detention Facl.].lty With the Jvmaag Steely Construction Company, al Ktrinesota aovporation, whia)-.s agreement rexolted, in part, th,Rt it was "by and 'botween James s Steele Conntruatian Company, a Kii3rxnesota corpora►t: ion, hereinafter called contractor, and the City and Count;; Ntention and 1hnrkhouses Facility Gaamission oT the County of Mmsay and the City, of Saint Paul, here"_inaftor called the owner "7 and WHLRFAS; certain aotitroversies and disputoo have arisen in eo ndation with the terms, provisions and cobdit ions of the aforementioned agreement 'of 4�eptftber 22, 195$, as a rosultr of 0iffloult3es and delays enooun.tered in the eomplation of the otruct:ure whioh resulted fron - conditions beyond the oontro.1 of said partiee s and 6iii/ F i. AS, beaause of Ouoh difficulties and delaya tho said Sates Stoele C'onativttl.orx Coi0pa.ny taa heretofore f'ileyd with the ,69i.d Detention Comi:ss:.i n a elaib in ixaesw of Ele:ve ii '11houaand Dollars and REA3, the partiesk aoting through representative c. of each of said parties, have rxigotiated, subjeot to the approval of the partieua,. a ptvposad se.ttleme rat, and oompromiack of the controversies and disputer ex� stlt.ig botwo.eh the parties to this agreement., whereby and whereunder the Jatow• 8toe ie ConstruatioA CnMpany gill accept: the sutra of Sight ThbUsand Dollarn (48, 404.0(7) 1.) full,. fInal &nd coml)le to settlement of all claim and demands of whatsoever kind and mature it may have had against the said Detention Comiission; Now, Therefore, be it tRO'VIIXDe That for and in consideration of tht sum of Eight Thousand Dollars (48,000.00) cash in hand -paid by the City and County Detention and Workhouse Facility Commissiop of the City Of Saint Paul. "d the County of Raaaoy, the City of Saint Paul, Minn*sota.,, and the County of PLassey.. State of .Plinnesota, hereinafter referred to as the parties of the fivat part, to James Steele Construction Company, a Minnesota corporation, hereinafter referred to an the party of the second part, receipt of the aforesaid. consideration of Eight Thoutandl Dollars ($.8,000.00) being hereby confessed and aNtnorr'ledged by said party of tlw second part, aiid in further consideration, of'the mutual covenants herein contained, It Is hereby AGMID: 1. That the party of -the second part, its su0e04aors and assigns, hereby releaser the Wties of -the first part, their successors and assigns, and 'their officers, eervantn, agento Lund employee from all suss of money, accounts, actions, suits, pr6caed.inge, ala.iAw and demands whatsoever which said party of the second part, James Steele Construction Company, at ariy time had or had had up to the date of these presents,, against said, parties of the first part, their auocusen.,e and s.ss.igns, and their officers, acrvai nts,, agen"i and employee, for or by reason or or in respect of any act, cause, matter or thing arising out of or asnoelated with the aforesaid agreownt of the 22nd day of 3*pteitbsr, '1958• 2 t 4 2. That for and in consideration of the mutual covenAnts herein. Qontai.nod, the parties hereto do hereby releaee and forerrer discharge each ogler from all sum* of tsoney, , coacunts, action&, buits, proceedings, alai and demands wlAtsoeuor which either of the panties had or has had up to the date of these pre6ents are againbt the other arieing out of or, associated with the porformance or completion of work contemplated by the afexaFiaid agreetfient of the Mnd day of Septeeiber, 1958, between said parties. I. Tli.at; the payment of the aforesaid Eit)pt Thouaard Dollars ($8,O00.00) upon oxecUtion of.thie relea.ee by the James 8toole Construction Company, through its proper ,ofrioerp, and by the Proper o` ficeara of the aforosa..id j*tention and Workhouse Facility Corwnisoion oi" tho . County of Flamoey and the City of Sint Pawl and the proper of ficars of the City of Saint Paul and tho County, of Ramsey shall constitute a full, final, oral complote settlement between the pax,�iass of all Qlaitos and contvvie vslec existing between tho)n up to the data of t.heise prQnonta ar1sing out of or atisociated with all work pursuant- to the provisi.onn of the aforesaid agrOO-mellt of t1le land day of September, 1938• 4. That the payment of tho 4Lfores4ld k,Ight Thouciand Dollare (8,000.00) shall be In the form of a. drA,ft drawl) on County funds initially and shall be payable, j.o:tntly and soverall'y, to J &M0e Steele Construction Coiipany and it© attorney, the .firm of Briggs and Morgan, r6presented by B. Clarence, Hart. IN WIT2 EAS WMMEOV the parties have Fjot their hands and sdals' tide Tom. -- day of , 1962. CI!l y A?(D, COTnTTY DETENTION ATID WOREDIOUDS FACILITY Can- MISSION OF TR8 CITY OF :3;11 -Mr PAUL AND THE COUNTY OF MMSFY By ve a rman. 3 eou vc� csre cry QM QV MIM PAUL, R19030TA Illy Qoontar�i�, r � Or alloy, lain • comft or umm statq of sota Board of coumty Co*aissio:urs MOW ApArov ,ed OLs to to'rml .� M ` • � ~�'...�'o"_'z pox �`�'�dxi'��u i��r`" City' of soint Paul Approved as to foft z 7Ci�"�i is`��in . ���:l;;r a • rria�r , Cowlty of Nassoy 0 l in Presence of 1 r STA'T'E OF MIRMSOTA as. COUNTY OF RAMM JAMB M= CONSTRUCTION Ct?MOL;M'.t' MI.QGS AND ROMAN By as attornsys for James Ste, }le Oorkstrwtion Company CM this day Of MA IX 96rr, beforo me, a notary publid., M1 n and for a&id_GoUnty, personaiiy appear d and to Mme Personally ovgj w o, a ng eanh y 3a Ely sworn ald zay that they art respectively the ,�ett of the corporation i��t in the . or•g z�n ,mss a we veal affixed to said Inhtmiment is the corporate seal of said corporation, and that acid ingtruMent rae si ed and sealct` ir- of said corporation by authority of its Board or Di ractcr;\ and said .and �,�;l,rr ?a�r� edg said Instrument o . e' free not to • o as aox j7 "' r � ary "11d; ' PEFIP-; (' '='�; �n y a �;r. . My commlealon Approved as to forts and exeoutiol1 this Qay of 19b City of Saint Paul Approved ass to rorm and execution i h l a___, dayr of ,.�._ - 1962 County of MBQY 5