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Councihnember Cook clarified the bid can be awarded contingent on the three obligations being <br />completed. <br /> <br />Assistant Public Works Director Olson replied the notice of awards will not go out until these <br />contingencies have been accomplished. <br /> <br />City Attorney Goodrich explained the City Administrator will make the decision with input from <br />him, but these are very specific things that must be completed as specified in the contract. <br /> <br />Assistant Public Works Director Olson advised staff has a firm agreement from the developer <br />that lie is ready to go foiwvard with the changes. <br /> <br />Councilmember Elvig stated he is pleased to see staff holding to the letter of the law in the <br />agreement that was put forward. It is important to keep those checks and balances going. He <br />commended staff on the engineering estimate for this project, which was dead in the middle of <br />where the bids came in. <br /> <br />Councilmember Zimmerman inquired about the 20 percent assessment. <br /> <br />City Attorney Goodrich explained that is 20 percent of the cost of the project. <br /> <br />Assistant Public Works Director Olson explained the rationale regarding the assessment is that <br />initially staff felt at the very minimum there would be a trail on one side of Sunwood and <br />Rhinestone, which are state aid roads, as well as street lights at the intersection. Basically the <br />$800,000 is taken out before they start the 20 percent assessment. This results in about $160,000 <br />iii savings to the developer that he is then putting forward for the cost of the trail and the lighting <br />that the City will not be putting in. <br /> <br />Mayor Gamec directed staff to verify with the Finance Officer that the developer does not have <br />any outstanding debts. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Cook, to approve Resolution #04-04- <br />104, awarding Project #03-29, MSA Streets in Ramsey Town Center, to the lowest responsible <br />bidder, Glenn Rehbein Excavating contingent upon the conditions precedent to the City's <br />construction of the City Phase I Road Way Improvements as provided in paragraph 7.2 of the <br />September 17, 2003 Master Development Agreement between the City of Ramsey Town Center, <br />LLC, being satisfied by Ramsey Town Center, LLC, as determined by the City Administrator and <br />City Attorney, and contingent upon all payments by Ramsey Town Center, LLC, being current <br />before the issuing of the bid. <br /> <br />Further discussion: Mayor Gamec directed staffto also determine that there are not any <br />outstanding payment collection problems with the developer. Councilmember Kurak inquired <br />about the streetscape. Assistant Public Works Director Olson explained it will need to be <br /> <br />City Council/April 27, 2004 <br /> Page 30 of 35 <br /> <br /> <br />