195530– _
ORIGINAL TO CM, CLERK
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
AT
'-'5530
IL
Council File No. 195530 —By Severin A.
Mortinson, by request —
Resolved By the Council of the
City of Saint Paul, upon due consider-
ation of the Special Committee's Report
and Recommendation thereon, dated
September 4, 1959, addressed to the
City and Coun Detention and Work -
hn_�s —F one T"jon, gf_4pe City
RESOLVED, by the Council of the City of Saint Paul, upon
due consideration of the Special Committee's Report and
Recommendation thereon, dated September 4, 1959, addressed to
the City and County Detention and Workhouse Facility Commission
of the City of Saint Paul and the County of Ramsey, said
Council and the Board of County Commissioners of the County of
Ramsey, a full and true copy ;whereof is herewith filed and in-
corporated herein by refence and made part and parcel hereof,
that the proposal of Ray & Gauger, d /b /a -Ray R. Gauger & Co.,
therein set forth, for the full and final settlement of all
controversies and claims connected with the subsisting Architectural
Service Contract between said Commission, as project owner, and
said Gggr as project architect, pertaining to said Commission's
Joint ,e en�ion Facility and Workhouse, hereby is approved and
accepted, and the reported similar action thereon by said Commission
accordingly hereby is approved and ratified; that all said con -
troveraies and claims be fully and finally settled and discharged
upon and according to'the provisions, terms and conditions of said
proposal; and that all necessary documents therefor, approved by
the Corporation Counsel and the County Attorney, hereby are author-
ized and,directed to be executed in behalf of said City, by its
proper officers.
JAN 26
COUNCILMEN Adopted by the Council 19
Yeas Nays JAN 2 6196®
DeCourcy
Rolland Z.7 ved 19
Mortinson
–1?etersea— In Favor
Rosen ^ �'�ta�e� Mayor
Winkel / U Against
en ,
5M 7 -59 OER08
-a VP
CITV OF SAINT .PAUL
CITY HALL AND COUNT HOUft -•Y
DEPARTMENT OF LIBRARIES, AUDITOR {;JM MuSEUMS AND STADIA
September 4, 1959
City and County Detention and
• Workhouse Facility Commission
of the City of Saint Paul
and the County of Ramsey
Honorable Council of the
' City of saint Paul
1
Honorable Board of County Comissioners
of the County of Ramsey:
Committee's Roport and recomendstion
concerning Controverted claims connected
with subsisting Architectural Service
Contract hetyeen the City and County
r Joint Detention and Workhouse Facility
Commission of the City of Saint Paul
and the County of Ramsey, as project
owner, and Ray R. Gauger t Co., project
architect for said Comission•s Joint
+� Detention Facilities. and Workhouse..
,e The said Detention and Workhousd Facility
mm
Coission adopted its resolution dated the 29th day
. of April, 1959, providing therefor and terminating
said Architectural Service Contract and the services.
of said Ray R. Gauger & Company thereunder subject
to spproval and ratification of such Commission action
b the Council of the City of Saint Paul and the Board
o County Comwissioners of the County of Ramsey.
The Council, upon suWOssion to it of said
Commission's resolution, deferred action thereon
pending the holding of a contemplated joint hearing
thereon before the Council and the Board whereat said
Commisdon and said Company, respectively, would be
'fully heard upon all pertinent issues. Thereupon.
the Council made provision for an investigation and
/. NN �.w /�.I.li1p.�. •� riw • •
w'
2.
report thersomm to be conducted and made prior to such contemplated
joint Council and Board hearing, such investigation and report
to concern controverted claims which have arisen and the ques-
tion of the !•asibilit of a compromise el ttlemmen t. of said
claims, in the public 19fteiest# upon eOultabl• bates. The
Mayor, Honorable Joseph E. Oil long ther*tpeaq appointed the
undersigned Ceamttt *e comprised of Paul M. Sabutte, Commission
member, Edward K. Delaney# County Board mmember. and Saverin
A. Mortinoone Council member, to conduct said lmreeti tion
such and to wake report thereon to said Council. iorwand
Commission. TR• sont•splated joint hegrinQ biforr t" Council
and the Board has been held in suspense pending the conduct and
completion of said investigation and the submission of said
report thereon.
This committee aubsequently instituted said investi-
gation and held several hearings concernifq the subject claims,
those made by sand Commission ag�aainst said Comps and those
made by said CoVe y against 'said%Comamission. Said claims are
controverted and have, been the subject of detailed exposition
by said claimants. re ectivsly, upon sold Committee hearings.
The final of said Co�ttes hearings was- hild July 24, 19599
and thereat said claims were made the subject of protracted
exposition and laquiry for the aforesaid purposes. Said Company
appeared at said funs Committee hearing by its counsel, Messrs.
Richard Leonard and Harold Rutchick; the City appeared thereat
by its Corporation Counsel. Louis P. Sheahanf the County appeared
thereat by its Attorms• . William B. Randall; and said Comamaission
appeared thereat by said Corporation Counsel and said Cmiuhty
Attorney. The said elaims of said Compamay have b••u so* the
subject of -detailed exposition under two separate doeuments
submitted by said Company. entitled, "Certification of Claim
of Ray R. Gauger S Co .• and, •Supplemieental Certification of
Claim of Ray R. Gainer i Co.* in the aggregate amount of
546,986.18, avid documents being attached to this report*
and being incorporated therein and made part of the same.
The said claims of said Commission have been mad* the subject
of detail expoition under the attached document, marked, Exhibit
A, which form part-of this Report, and the same aggregate the
sum of =29.443'.03. The said final Committee hearing culminated
in said Company's proposal for final and co late settlement of
said claims a all commt=versies between said Cemission and
said Company cona)tc'ted with said dontract hereinafter, in
essence, set forth.
Said final Committee hearing resultedo among other
things in.the disclosure of the fagt that George E. Dahl.
Architects and ,Engineers. ',
'1npaid claim approximating
r eating, plumbir►§ and vent
services allegedly furnishe
of said Ray R. Gauger & Co.
preparation of drawings ,and
under said Architectural Se
made the subject of said Cl
1954, addressed to Bernard
Commission, and a copy of s
marked, Exhibit B, and :made
The aforesaid Conk
Tent was made and submitted
of this Report, and its "cont
to said Commission, Council
said Company proposal will t
to said governmental bodies
of the next ten do s. The s
final settlement. `in essence
3.
Dallas, Texas, had asserted an
29,000.00 .for mechanical, electrical,
ating architectural engineering
by said Claimsnt at the instance
necessary therefor and used in the
designs furnished by the latter
vice Contract. Such claim was
imant's letter dated April 22,
roje, Executive Secretary of said
id letter is hereto attached,
part and parcel of this report.
ny's proposal for final settle -
o this Connittee for the purpose
mplated submission by said Committe-,
nd Board. It is colnteipplated that
the subject of formal submission
y said Company within the course
id Commpany proposal for such
is the following:
1. That said Arch ectural Serviee Contract. and
-311 architectural servi s of said Company thereunder.
or )therwise connected With the aforesaid Commission's
Joint detention faciliti i s and workhouse project, be
terminated forthwith;
2. That every clam
of said Commission again
of mon•y or of other nati
with said Contract be fu
fied and discharged, and
additional sum of $25,00
3. That every claim
of said Company against s
of money or of other natu
or otherwise connected wi
services performed by sai
said project be fully and
and discharged;
, cause of action and demand
t said Company for thi recovery
re arising from or connected
,ly and forever releasedk •satis-
�hot said Commission pay an
00 to said Company;
cause of action and demand
id Coaynission for the recovery
e arising from said Contract
h architectural or engineering
Company in connection with
forever released, satisfied
4. That said Company shall forthwith fully and
forever pay, satisfy and discharge said claim of said
George E. Dahl, Architects and Engineers, and procure
and deliver to said Commission a written and duly
4.
executed copiplete release, discharge and satisfaction of
said claim, in recordable foria, approved by said Corpora-
tion Counsel and said County Attorney, releasing and
dischargin said company, said Commission, said Commis-
sion's pro lability act properties, said City and said County
from all 1 thereon;
S. The said Company shall further, by written
Instrument of release and discharge, approved by said
Corporation Counsel and said County Attorney, fully and
forever release and discharge said Commission, said
City and said'County of all liability to said Company
and said Company's assigns, if any, on account of said
Architectural Service Contract, said termination of
the same, and on account of any claims, cause of action
or demand arising from said Contract or connected with
the subject project asserted',or assertable against them,
or any of thin, by or on behalf of said Company or any
assignee of said Company; and that said Company shall
further warrant the efficacy of every aforesaid release
and discharge of claim to be made by it, as aforesaid,
and covenant to indemnify said Commission. its said
project properties, said City and said County, jointly
and sevorplly, against any loss or liability resultant
from any breach of said Warranty, and said Commpany shall
forthwith deliver to said Commission all Mechanical and
Electrical Drawings for the subject detention facilities
and workhouse projects.
The said Ray R. Gauger &'Co. is an unincorporated business
organization owned in its entirety by the designated Ray R. Gauger,
Minnesota Registered Architect, doing business as Ray R. Gauger
& Co. It is contemplated that these distinctions will tN
served in the drafting of any formal instrument of settlement.
:e undersigned Conmittee r espe..tf j1ly sibmits thi , report,
together with its recommendation that said proposed final
settlement, as the same shall Le formally submitted by said
Company to said Commission, Council and Board, be accepted
by the governmental agencies concerned and that said Contract,
said architectural services and all controversies therewith
connected b♦ fully and forever terminated.
.
=5-
Respectfully subsitteds
Paul 14. Schutte
Edward K. Delaney
Severin A. Mortinson
Committee Members
N.B. Said Corporation Counsel and said County Attorney, at the above
mentioned final Committee hearing, informally indicated that
they would jointly concur in the aforesaid recommendation.
.. Countp Ubitor's ®f f ice COUNTY BOARD
St. Paul, Minn., f J�� File No. 1636
/ 1 Resolution g.,5
No.
:=UAtyy 26, 197.60
The atte ' n of 1aG4'23' IQs 'old. tlorltboUap ftMd0A6n. - 0OUAty AUUtor ±�
uacII, City of St. Pau& - City C=DtmIler City Achi lip
Rey R. I3eu�er $a Co.
is respectfully called to the following Resolution of the Board of County Commissioners of Ramsey
County, Minnesota, adopted at the meeting held on ,7'a==%�y 2%, 1960,
By Commissioner We=
XZMVLD By the .:Board of stay County Q=dssfoners' that Won due
0040 deration of .VePort: �. recs r�tct"u dated 'Se� it 4, 115 04dressed
to the. 'City zMd.WU4t7'DetdqitioA ar4l vdt3sbouse Iraeaity Com ai0sisn or the city, or
St. Pohl OAX4 the County Of .Rdwa, to the Co10014 of the City of St. > ut, aid. .
the Boar& of, tXlt�t'aty Cou�.asio4ars -of .o ,00uay of Raw6y by. the Special. Coamittoe
Poked to OOMider the coliroversiai ems co=evte&vIth subsistir Architecw
tural Service Contrast between std Com Ausioa to VIOSeet. oar a d. p, aW R. tax
& 06:.1 project .art4tees for 6aid 0=doaion43 jditt Zetentjah V"LUtjps. ,and
Workhouse,, n frail: of d true cnpy whareof is hereby :rn,6d 41A ix4orporated herein
'by rofsrewe thy, mwado a part ond parcel herwf# that the proposa of IW R.,
Gwjpr.. d/b /a/ F4 R. Qau&er & 06.o theVei.n Ott forth, i'or the ZiU and f nal.
Gettlewnt of all =tmasies eu d old ro=ectod with tbo aforeseld omtract
between paid Com itsion and acid s he 'by Is improved and a cepttd, and,
the A;Ia &V action of the eai& C010ission loaUa at a xtgAo um-tImS thereof on
'T=x ry At 1964, hereby 19 anrovecl .arA rdtifted; abd Ze, It Zwbher
MCI;VED That all 041A controversies and claims be D.jl3$, and fUualy
settled =d diseb ged upon azA amrditU to the pr v- 1sioxwl, te=s arA conditiot*
of sai4 propoaali and that all becespary doowents therefor approved by tho
Corporation O =61 WA by the Cow Attormyt horeby are w4b orUed ana
directed. to 'b# oxe=ted ou beha'bf of the County of eY: by its Vuvl)or.
offlrs.-
EUGENE A. MONICB, County Auditor
By Deputy.
Form Aud. 200 5M 1_5e