190586ORIGINAL TO CITY CLERK yt4
CITY OF ST. PAUL
190586
COUNCIL . AI^
OFFICE OF THE CITY CLERK ti Council File No. 190586 —By Adrian P.
O
Winkel-
ESOLUTION — GENERAL FORM Resolved, That for the
provide of
necessary adjustment to rovide against
PRESENTED BY the consequences of a mutual mistake
COMMISSIONER DATE as b the quantity of soil required
to be excavated by the Contractor
under -the Contract, pursuant to Formal
RESOLVED, that for the purpose of necessary adjustment
to provide against the consequences of a mutual mistake as to the
quantity of soil required to be excavated byy the Contractor under
the Contract, pursuant to Formal Bid No. 7+45, dated December 8,
1958, by and between City of Saint Paul, therein designated
the "City ", and William L. Ebertz, doing business as William L.
Ebertz Company, therein designated the "Contractor ", whereunder
and whereby, among other things, the Contractor is obligated
to furnish material and labor therefor and to grade Clarence
Street from Arlington Avenue to Nebraska Avenue and Nebraska
Avenue from Etna Street to McAfee Street and to construct a
sanitary sewer in Clarence Street from Arlington Avenue to 35
feet South of Nebraska Avenue, the specified contract price thereby
provided to become payable by the City to the Contractor for the
subject- grading and sewer construction, shall be reduced by the
sum of $708..48 to correspond with a reduction in the quantity of
the work to the extent of 3936 cu. yds. of material excavation,
computed at the rate of $.18 per cu. yd. since the quantity of
the material required to be excavated by the Contractor under
said Contract As contemplated by the parties, at the time of
the award of the same;-,- represented an excess of,3936 cu. yds, by
comparison with the actual cubic yardage required to be excavated
by the Contractor,in the premises, such discrepancy being
attributable to the aforesaid mutual mistake of the parties; that
such reduction in contract price, upon said bases, shall be
represented by Rider to said Contract approved as to form by the
Corporation Counsel,e- and that said Rider shall bear the Contractor's
Surety's written assent'.thereto endorsed thereon.
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Mortinson
Peterson
Rosen
Winkel
Mr. President, Dillon
5M 5.58 2
Favor
/0 A gainst
JAPE 13 1959
Adopted by the Council 19—
JAN n ias4
' f
DUPLICATE TO PRINTER Q
. CITY OF ST. PAUL COUNCIL
FILE NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
r'
RESOD, that for the purpose of necessary adjustment
to provide against the consequences of a mutual mistake as to the
quantity of soil required to be excavated b the Contractor under
the Contract., pursuant to Formal Bid No. %445, dated December 8,
1958, by and between City of Saint maul, therein designated
the "City'", and William L. Ebert$, doing usiness as William L.T.
Ebertz. Company, therein designated the "Oontraotor "; whersunder
and whereby, among other things, the .Contractor is obligated
to furnish material and labor therefor and to grade Clarence
Street.from ,Arlington Avenue to Nebraska Avenue and Nebraska
Avenue from Etna Street to McAfee Street and to construct a
.sanitary sewer in Clarence- .Street from Arlington Avenue to 35
feet South of Nebraska Avenue, the specified contract price thereby
provided to become payable by the'City to the Contractor for the
subject grading and .sewer oonstruation, shall be reduced by the
sum of :x708.48 to .correspond with a reduction in the quantity of
the work to the extent of .X3�36 cu. yds. of material excavation,
computed at the rate of .1�3 per`cu. yd. since the quantity of
the material required to.be excavated by the Contractor under
said Contract as contemplated by the parties, at the time of
the award of the .same, represented an excess of 3.936 eu. yds. by
eomparison with the actual cubio yardage required to be excavated
by the Contractor In the premises, such discrepancy being
attributable to,the aforesaid mutual mistake of the parties that
such reduction in contract price, upon said bases, shall be
represented by Rider to said ,Contract .approved. as to fora by the
Corporation Counnel; and that said Rider shall bear the Contractor "s
Surety's. written assent, thereto endorsed thereon.
COUNCILMEN
Yeas Nays
DeCourey
Holland
Mortinson
Peterson
Rosen
Winkel
Mr. President, Dillon
5M 5.58 Q
r
JAM 13 1959
Adopted by the Council 19—
Approved JAN 13 1959 19—
Mayor