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-360- <br /> <br /> Paul T. Meyer <br /> Page 3 <br />'September 21,200 t <br /> <br />in your assertion that since the City rebid the Project the contract has been terminated nor your <br />assertion that the City's actions are a "violation of Minnesota competitive bidding laws." Please <br />advise if you have legal precedent for this statement. Even if a competitive bidding law violation <br />does exist, how does that affect the contractual relationship between the parties, since as you <br />stated on September 6 "... a valid and enforceable contract was entered into between the <br />parties." In soliciting new bids the City was doing its obligatory due diligence. Because of the <br />over one year delay in the Project commencement date and Infinity Builders' request for <br />additional monies, the City did the prudent thing in soliciting new bids as it could very well have <br />received a lower bid which would have allowed it to pay a sum to Infinity Builders for its <br />expenses and still contract with- a new contractor, all at a less contract price than the current price <br />of $544,900.00. <br /> <br />The City expects Infinity Builders to fulfill the contract as modified by the change order <br />referenced in your September 6, 2001 letter. City staff will recommend to the City Council at its <br />meeting on September 25, 2001, that the change order as requested by you be executed and that a <br />Notice to Proceed be issued to Infinity Builders forthwith. Enclosed for your review is a copy of <br />the proposed change order. <br /> <br />I urge you and Infinity Builders to reconsider your position on this matter as outlined in your <br />September 19, 2001 letter. The City wants to work with Infinity Builders to conclude the <br />Project. Failure to proceed as above outlined will cause the City to consider further action <br />including contact of Infinity Builders' Performance Bond Surety to insure that the Project gets <br />completed in a timely fashion. <br /> <br />Please advise of Infinity Builders' intention regarding the above as soon as possible. <br /> <br />Very truly yours, <br /> <br />William K. Goodrich <br />WKG/gb <br /> <br />CC: <br /> <br />James E. Norman <br />Ramsey City Administrator <br /> <br />Brian Olson <br />Ramsey City Engineer <br /> <br />Robert E. Brown <br />Ramsey Consulting Engineer <br />Bolton & Menk, Inc. <br />1960 Premier Drive <br />Mankato, kin 56001-5900 <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br /> <br />! <br />I <br /> <br /> <br />