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194285— J QRIGIN,AL T!.._=CITY CLEBK4 , - PRESENTED COMMISSI1 Council File No. 194285 —By Milton Rosen— Resolved, That this Council hereby ncurs in the findings and action of I the Board of Water Commissioners of RICE OF Tl.ainCresolution nof said under Board adated L RESOLUTI he 95 Py3,rew h fledwherebv�m'_ found and declarer— 30 9t9ta ,r �a eaenFyr jr. i -' fIAO20 ' ° "n e're d 194285 NO. RESOLVED, that this Council hereby concurs in the findings and action of the Board of 'Water Commissioners of the City of Saint Paul under that certain resolution of said Board, dated October 7, 1959, a copy whereof is herewith filed, whereby said Board has found and declared the existence of an emergency in respect of the deteriorated' and imminently dangerous condition of the existing pile foundation of the chimney serving the main McCaxron-Lake Pump Station; an integral part of said Board's`pubiic waterworks system, where failure to act promptly will work an injury to the City and where professional engineering services must be employed and prosecuted for the ooxrect ion and stabilization' of said pile foundation and said chimney to prevent such injury to the City, comparable to the professional engineering services proposed to be performed, fox said purpose, under the - proposal of Intrusion Prepakt Company, Inc., mentioned in said resolution of said Board, a copy of which proposal is herewith filed, and be-it FURTHER RESOLVED, that the proper City officers be and they hereby are authorized, with the wiitten consent of the comptroller and the Mayor, to forthwith execute a professional engineeringservice contract by and between said Board of 'Water Commissioners and the said Intrusion Prepakt Company, Inc. for the performance of such necessary professional engineering services -by -said Company for said Boaid, for said purpose; as outlined therein and,accoxding to the provisions, terms and conditions of said proposal of said Company, such being hereby declared necessary to protect said City'and its property therein and to provide against injury to said City and its property in said emergency, ,, i said Council hereby concurring n the declaration of an emergency in the premises and in the action of said Board under its said resolution. 0 C s 1959 COUNCILMEN Adopted by the Council 19— Yeas Nays OCT 8'1959 - DeCourcy y Rolland Approved 19— Mortinson '- Peterson Tn Favor UW ;Mayor Rosen Winkel Against Mr. President, Dillon PUBLISHED A – / D '.–/ 2 5M 5-53 _ CITY OF ST. PAUL NJ " OFFICE OF THE BOARD OF WATER COMMISSIONERS # RESOLUTION —GENERAL FORM MILTON ROSEN PRESENTED BY COMMISSIONER ADRIAN P. WINKEL MRS DoNai n M DFCOURVATE Game R ? VMERW�4, 1T iilte 08;�0� OE�BS#li��� '�'��� ''!!i#& citioi4` #ti[i> ik - #4z: f tii# ilk 0ca Tug G#fEl Vev gc#.'Irf.V0 T.at 'Op't's_ l�G�i�QBt>rii. Pow ST. #'t f0.#t *. I)VILT #At-. I "AO -0910Ri'0awrzo 'TO ' atz IEXTg# lr TI#AV VRE 411SULT140 UO6t4904P. i=OUV6Atlt* JJAI% OAROCROUO.. 00001'i IORo -9,PPVC11:1110. VII, SAVI .tV 00 1rNs clmwevj, iras /i044,tS*7 80 #LCR 400N 480 I'VO 4Y.4C R 04UIZ.#i+l4Tt#l'.* 431 °x''13 A'8 WOL L AS O'>f':i_�.lt ,PART% OF Tat 'ST11Li'4.011* Arty -'fta VAjra ' SUPP16'Y V.Q `i'UF :t. 'fir# ASO E� !ls.ar .fta.#.agete uV* 6,Tuates. VAVV DIRTB UI RSO- tug MEvRov a, Not, On TUS '804L U4994 04# CH'1.0aey- Cau at ti.YA6 .0L&42to. Ta. Asi r18 011W, "Vj, ARD WHERi ASO. '#RAS 0 At 9049ite,690Y 00"Otir4,000 two VuRacroRet i y.F +` ��B� .�/t� i�. j,� T1 y���Q:' ��y /���r�uye,�y.Pa0P,*0�;t`�4/�oW +�� �eac 4�#'r4V_$��#.0jjr '�`�¢Qjy,;/�yiy3�A*9T- �a"PAi�l.�r, �+ 140. :G�Fi iil� �s7 {i RF t f Q' M#W� 'M� � IR�wL7�.71 '. i�S +.�eoner. A.." '"-iii gat zip 'Ai:cvprica FOR THE OTASt;i,1047#Ox, OF TOO VTOVbtD*V" 1 11 OF vulz osts11vayv i#mv ssvo.t,.v_t.w& 21 0.13440 'YARD$ OF '80" CVU961. OAT #2091 AV 11#49. 9010 VR.t.OZ Or 20*500'400 i';t'pi Olt-OVA!'N U01'' pateco, V.OR, ikOdUB' l: Ui` O' VII OOOt. .A$ T#iE Q0116- 11XV VAD; ' puett, Tile 4" i9/ Tca 3!5% or irO #L#8 �Ti�i AO Tur d�u1Evv` tjv ,sMv 3d�_i3'�r RtO* TUL* ��� C�t#ai f;K' ARoS'* 'A##0 THAV Irl4l». 'CODU�ja ,. .0j_ l 0 !? QQll ti!# .t 'i•##t .CT. #014 Water Commissioners Yeas Nays DECOURCY WINKEL ROSEN In favor— Opposed D im 11 -58 t { f f �i E fi Adopted by the Board of Water Commissioners OCTOBER 7TH € 195-9 1 �< `°8 ASST. SECY. 1- INTRUSION - PREPAKT I N C 0 R P 0 R A T E 0 CONCRETE- MASONRY STRUCTURALLY CONDITIONED CONTRACT PROPOSAL T PAUL CITY HALLANO 001PAT460bi • At* PAUL ej 04JNNtSOTA- so 1001 04' UONA00 71100 R oovoso 5 19 Re: TA. K f-OUNDATJON, • Ids. 4AR09" PUMPING $1ALTION AU Hi NE�CM A This proposal is submitted by Intrusion-Prepakt, Incorporated (hereinafter referred to as the "Cont'ractor") to 130400 Ot -WATgR CoNAtSS10149ASoP "X. 0TY Qir 4AINT PAUL (hereinafter referred to as the ­0wner­) and refers to the specific project, described under Scope of Work. Scope of Work A. (OB&CIr or, ARK 4A0 R1t09NTVV '0904 ki t4 -to THAT t it. tk 140 wo NT P I Lit u"og UN;)At t6h 144T 'US 01tal - %Ct OF` -'QPOUNO WATO TABU► THt0digtT 0 0, TH� 4Ra IORATION A0 V, 0 St 0 1HEVACK OfA 1�kAt $ON: OAK 001. THit so I.L w 00 THE P OPOO 0 09CUTC 4 L FOUNPATION HAT AN Ok - TA84t.- a to A,WtH 0 'APPR w0guy 3 git" 040w TH9 P00 Py JNJRUSIONL 14r T".t 0"I" tHo t,-L I ti- lt 00sig vot anktkINC VALUg''O ti4e so m To lot voong .THAT T,0. UPPER ER PoRlri,ows' ,Oi, U4 0istANT 0 - 9PUbONT �UpoN-Vog. S.IU,PP AT 0 114t $TO CoNsist or:, -4) PAIV;Nd, PO4 ViAtrvTV PtLOW F I dtiftAt $ON TO 'WE He WtNTOF VOID$$ I 1-H bri. P I PC'$ V 1 LL It AN*' out to CL,`6MpL&t, OeTtR I ORA'T 1 o" , or woop , -r t eg PUMPtO AS tOgY AAt WITHDRAWN WITIf 91TH0 dZWtNT04 MATtgIAL't `Q_F� GCL 0"i�o r.0 TO W90-Tive A-04 "SINOLlt APPLI'dAt-lak" PROCUS• 0 AND 33Q,1#:$ -5) UOT_ OUK-0 WILL`'OC "04, ON. THIS $.I Tg� 0S t THO, #OP fl+t 00'� J4 i,Nq f.aokr JH4 Q6 1 =E - T0 '0EM0N$Tf.tA AJ )Vl�' 4tRFJGTJ4S, IN Ps mix, ng4ts#A" To 'ATTAIN tOHR ti$ N FORM 701 7.59 �eo 3*1 440, 41 '41r. w " Twondwo, Vilt bete A. kttsym'dt "_'w6 oz. , occidHOWDURIme ORWOW TO 00OWt4o, Tot _40TUA4 Or �Htl tolf, Mp 090 OCTOW04t. Tot tlz4ulp�bvl tin jif4vAPt.gW6 90 .0 ALOO YO �H'40 041-41041'"t 11.0% AdV0,4, $04000 Or , � 00f AK 11M OTC P i7. . J -40NO I Ws T 09 00090 Al 0PACM0, AND 60110 �Otttmwcp .4y rl'w A4 'OOMPOU mm to NO IVI-A.*, ft P, - I Olt O'Kno TQ RD4 oil HI 460 0.0 1 #44 AIQ# ''PAP 0 09f V100 Ago, f0pi0q,*M4 ft 0.00,00000, '411,00. to *pro otmono to, 401PI-000 vtl'� '170 wgatw :464" 0900. 0- 1i 000. 0 bf, 13040'"4' owco. 4 a 'off -040L .60 'Olvc *t*6 kw 440.04 #0 liolikX 0% two 0.'60., out t* 04 W lot VC), ti.l* _00 0 _A!4t -00 i0M V " P.Rl .0 t. -0 To 991te, Ka * as ti -Alt A"- 's., "AND! TO WOO $4 ObIr INT01101,103, —Alt, 0, 4 446041 IR "'Ou"t ado tAtAjX,0$'$jWy 40-44 iif000 viotlkeof Tot 04 0"goAt 640 0 *M0:A0p M* 0 03 yyp It, 101 0 At T4.6" IMOT ANv X.O, NOD Olt *040 *t * i Obligations of the Contractor - s The Contractor proposes: 1. To furnish all labor and to pay all expenses, such as insurance and taxes, incidental to such labor, necessary to carry out the work. r 2. To supply the necessary materials and supplies together with equipment and tools required to carry out the work. 3. To use, free of charge to the Owner, every patented or unpatented process owned or controlled by the Contractor and to warrant to the Owner that the Contractor owns or has the right to use any patented processes, devices or parts required in the work, and to indemnify the Owner against any royalties, license fees or any other claims or demands by reason of the use thereof, whether or not such processes, devices or parts are specified by the Owner or are used in the work by the Contractor without such speci- fication. 4. To comply at all times with any instructions given by the designated representative of the Owner, pro- vided that the Contractor shall retain full control of his patented materials and processes, and provided that such instructions are not inconsistent with the' provisions of this proposal. Contractor shall not be required to train employees of Owner or of other contractors in any of its processes, and the contractor shall be sole judge as to the number of its supervisory and other employees which will be required to insure quality of the work. 5. To maintain insurance covering claims against the Contractor, as follows: (a) Workmen's Compensation and Employees Liability Insurance, including Occupational_ Disease, covering Contractors employees; (b) Contractor's Public Liability Insurance (including contractual for liabilities assumed under writ- ten contract, products and completed operations) subject to the following limits: Bodily Injury, $250,000 any one person $500,000 any one accident. Property Damage, $500,000 any one accident $1,000,000 aggregate. To maintain liability insurance for the protection of the Owner but only to the extent required by the Owner and specified below: If the Contractor is not required to maintain liability insurance for the protection of the Owner, the Own- er shall be responsible for and shall maintain such insurance at its option as will protect it from its liability to third parties for damage because of Bodily Injury, including death and damage to property of others which may arise from work under this contract proposal. If the Contractor is required to maintain Owner's Liability Insurance, premiums are based on cost of the work to include total payments to the Contractor plus labor and materials supplied by the Owner. 6. To insure against loss from Fire and Extended Coverage Perils all Contractor's equipment such7 as tools, equipment, scaffolding, towers, staging, bunk houses, and other temporary buildings owned, borrowed or rented; all materials and supplies furnished by the Contractor which do not become part of the struc- ture; and all structural materials furnished by the Contractor until incorporated in the structure. i= FORM 713 (For Unit Price and Lump Sum) :Obligations of Owner This proposal is submitted with the understanding that the Owner will agree: 1. To pay the Contractor the lump suni of $ m►• in payment ,for the performance of work as outlined on Page 1 under Scope' of Work; 'quantities described therein to be considered base quantities. Should quantity of work or material be more or less than base quantities, the following additions or deductions per unit will be ',made: *Applies to pile work only: Should any obstruction (including boulders or timbers) be'encounteied which shall prevent securing adequate penetration or which causes the pile to drift from the required location, placement of the pile shall cease and the pile shall be paid for on a prorated basis per unit unless such obstructions are removed by the Owner to permit further placement. Length of piles shall be measured at the time of placement from the point to the top of pile. 2. To pay the Contractor the sumo tMa$bhca, dollars ( . —) per hour of working time for delays caused by the Owner. 3. To pay the Contractor the sum ofiRtIft"V249M dollars ($ ._) per hour of working time in excess of a single shift, five day week, 8 hour day, such work to be performed only in response' to the owners written authorization. 4. To make payments of the above stated costs, rentals and fee to the Contractor, monthly within ten days of rendering of ,a billing by the Contractor.." 5. To obtain from third persons whatever easements or rights that may be necessary for the work to go forward and to indemnify and hold the Contractor harmless from any and all claims of third persons arising from the prosecution of the work and not caused by the fault or negligence of the Contractor or its employees. l g_ 6. To insure at Owner's option against loss from Fire and Extended Coverage Perils his interest including the Contractor's interest in the .entire structure on which work of this contract is to be done and all prop- erty, materials and supplies, exclusive of Contractors equipment, materials and supplies being, insured by the Contractor (see paragraph 6, Obligations of the Contractor). If the Owner does not maintain such insurance in adequate amounts, the Owner shall reimburse the Contractor for any loss which would have been recoverable therefrom. _ FORM 712 = �f Units Base , • To be added " To be deducted Quantities to Lump Sum from Lump Sum `Piles each *Length of pile ft. (But not over, ft.) - s l4"�Jk�� `.Or 0R1�t'Jpc,0r• r #� f/� y�[e,�• ;�.1RCF' v or - �. :D E+>ir - �' � ;� '' �fl! ,6* Y �Y'TlGiA� i wy' :J' . ! ¢I 0A pmro V>� ?_fir Mi ss *Applies to pile work only: Should any obstruction (including boulders or timbers) be'encounteied which shall prevent securing adequate penetration or which causes the pile to drift from the required location, placement of the pile shall cease and the pile shall be paid for on a prorated basis per unit unless such obstructions are removed by the Owner to permit further placement. Length of piles shall be measured at the time of placement from the point to the top of pile. 2. To pay the Contractor the sumo tMa$bhca, dollars ( . —) per hour of working time for delays caused by the Owner. 3. To pay the Contractor the sum ofiRtIft"V249M dollars ($ ._) per hour of working time in excess of a single shift, five day week, 8 hour day, such work to be performed only in response' to the owners written authorization. 4. To make payments of the above stated costs, rentals and fee to the Contractor, monthly within ten days of rendering of ,a billing by the Contractor.." 5. To obtain from third persons whatever easements or rights that may be necessary for the work to go forward and to indemnify and hold the Contractor harmless from any and all claims of third persons arising from the prosecution of the work and not caused by the fault or negligence of the Contractor or its employees. l g_ 6. To insure at Owner's option against loss from Fire and Extended Coverage Perils his interest including the Contractor's interest in the .entire structure on which work of this contract is to be done and all prop- erty, materials and supplies, exclusive of Contractors equipment, materials and supplies being, insured by the Contractor (see paragraph 6, Obligations of the Contractor). If the Owner does not maintain such insurance in adequate amounts, the Owner shall reimburse the Contractor for any loss which would have been recoverable therefrom. _ FORM 712 = �f OTHER TERMS AND PROVISIONS_ 1. All prior negotiations, proposals, correspondence and memoranda passing between the Contractor and Owner are superseded by this proposal. The contract resulting from the execution of this proposal by , the Owner and the Contractor shall constitute the entire agreement between the Contractor :and the,,, Owner and shall not be modified or amended in any 'respect except in writing executed by the "Contrac - tor and the Owner. 2. If the work should be stopped, for any reason, including an order of any court, instructions from the Owner, or otherwise, for a period of thirty (30) days, without act or fault of the Contractor or of anyone em- ployed by him, or if the Owner should fail to make any payment within the time provided, or otherwise default in its obligations hereunder, then the Contractor may, upon seven (7) days written notice to the Owner, stop work, terminate''the contract and recover from the Owner payment for all work'executed and damages. Failure or delay by the Contractor in exercising any of the rights herein set forth shall not constitute a waiver thereof and such rights , are in addition to all rights provided by law. 3. Contractor warrants that it will perform the work hereunder in a workmanlike manner and warrants that its special materials and processes will comply with the specifications set forth in this proposal. Notice of any breach of these warranties must be asserted within one (1) year following completion of the partic- ular ,.phase of work involved, and the sole obligation of the Contractor under these warranties shall be the making without charge of any necessary repairs, including replacement of any defective material to such extent as may be required, but in no event shall ,the. obligation of the Contractor under these warran- ties require said Contractor to incur expense therefor in an aggregate ' amount greater than ' the 'contract price •specified in this proposal., By executing_ this proposal the Owner agrees that there are -rio =other war- ranties or representations, either expressed or implied, hereunder on the 'part of the Contractor and agrees that the Owner has not relied upon any such warranties or representations, except as specifically set forth in this proposal. The liability- of the Contractor arising out of the contract resulting from the execution of this proposal' by the Owner,and the Contractor .shall be only as in this subparagraph expressly pro- vided, and the Contractor shall have no other liability for any damage, consequential or otherwise. i 4. Neither the contract resulting from the execution of this proposal by the Owner and the Contractor nor any rights thereunder, shall be assigned, nor shall any work thereunder be subcontracted except with the written consent of the other party to the contract. 5. Information used in foundation planning has been furnished to the Contractor by others. If , the foun- dation conditions are not in accordance with information furnished, the recommended procedures and scope of work of this proposal may not necessarily apply. Responsibility' for delays or liabilities incurred by changed conditions is not accepted as part of this work by the Contractor, 6. Any controversy or claim arising out of or relating to this agreement or4any breach thereof shall be set- tled in accordance with the rules of the American Arbitration Association.' 7. This proposal shall, expire on 19 Respectfully submitted, INTRUSION- PREPAKT, INCORPORATED BY: This proposal will become a contract if duplicate_ copies are accepted below by the Owner. and .by the Contractor at lits. Executive offices in Cleveland, Ohio. ACCEPTED: ACCEPTED: INTRUSION- PREPAKT, INCORPORATED •(Owner) y. BY: : Y j _ BY: f DATE: 3 DATE:' Form 706 8 -69