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194911ORIGINAL TO CITY CLERK V. OFFI Council File No. 194911— By Adrian. P. Winkel — Whereas, In the matter of Comp- troller's Contract L- 6059 -A, for Grad- ing Clarence from Arlington to Ne- braska; Nebraska from Etna to McAfee; Sewer in Clarence from Ar- lington to 35 ft. So. of Nebraska„ Wm. L. Ebertz Company, Contractor„ the specified .date of completion was 3*uly 1, 1959, and Whereas, The Contractor has pro- secuted the work diligently, but due to delay in awarding the contract which was caused by a discrepancy avation ete the . t�C'•TtP�le t r `.v COUNCIL NO FILE WHEREAS, In the matter of Comptroller's Contract L- 6059 -A for Grading Clarence from Arlington to Nebraska; Nebraska from Etna to McAfee; Sewer in Clarence from Arlington to 35 ft. So. of Nebraska, %m. L. Ebertz Company,'Contractor, the specified date of completion was July 1, 1959, and WHEREAS, The Contractor has prosecuted the :work diligently, but -,a _ due to delay in awarding the „contract -..Which-, caused by a discrepancy in the amount of material excavation it was not possible to complete the contract by said date of completion, therefore be it, A- RESOLVED, That the - proper City officials be and they are herby authorized and directed to execute an amendment to said contract extending the time of completion to August 24, 1959 provided, however, that this resolution shall have no force or effect unless the sureties on the Contractor's bond consent thereto and file such consent in writing with the.City Comptr511er, and be it FURTHER RESOLVED, That the City of St. Paul hereby waives all claim for liquidated damages and- ;that_no engineering and inspection costs on this project will be charged'by� the City on account of such extended period. r COUNCILMEN Yeas Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President, Dillon 5M 5.58 Q 194911 - a DEC 8 1959.__ Adopted by the Councils :19_ - DEC 8 1959 proved 19— r �- � , PUBL Mayor �� f DUPLICATE TO PRINTER '19,4911 y ' CITY OF ST. PAUL FILENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE �OV�1l1' 12,9 ViEREAS, In the natter'of Comptrollerts Coatract L- 6059 -A for Grading Clarence from Arlington to Nebraska; Nebraska from Etna to McAfee; Sewer in Clarence from .Arlington to 35 ft. So.'of Nebraska, Np. L. Ebertz Company, Contractor, the specified dote of completion was July 19 19599 and 1MEAS, The Contractor has prosecuted the work diligently, but, due to delay in awarding the contract..��ich was caused by a discrepancy in the amount of material excavation it.was -not possible to complete the contract by %aid date of completion, therefore be it,. 31E50LVH7, That the proper City officials be and they are herby authosized and directed to execute an amendment to said contract extending the, time of completion to August 24, '1959 provided, howev*r', that this resolution shall have no force or effect unless the sureties on the Contractoes bond consent thereto and file such consent in writiwg. with the City Comptroller, and be it FUR!= RMMVEa, That the City of St. Paul hereby waives all claim for liquidated damages and that no engineering and inspection costs on this project will be charged by the City on account of such extended period. COUNCILMEN Yeas Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President, Dillon 5M 5.58 a®uQ DEC S 1959 Adopted by the Council 19— DEC 8 1959 Approved 19— Tn Favor Mayor Q Against