244819 r ORIGINAL TO CITY CL6R� •
CITY OF ST. PAUL �o�N��� 24 819
OFFICE OF THE CITY CLERK ��E NO.
.,�COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY � �.� �
COMMISSIONE DATF
WHEREAS, Pursuant to resolution, C. F. No. 244732, approved
July 2, 196g, General Construction contract in the amount of
�102,600.00 was awarded to Aichin.ger & Green Construction Company
for furnishing all labor, materials, equipment and services
necessary for or incidental to the construction of a primate
house for Como Park Zoo, Saint Paul, Minnesota; and
WHEREAS, Said Aichinger & Green Construction Company has
notified the Mayor and Council by letter received July 7, 1969,
that said Aichinger & Green Construction Company will not
perform said contract; and
WHEREAS, It is the recommendation of the Contract Committee
that the contract be awarded to the second low bidder, Goldetsky
& Son, Inc. ; n.ow, therefore, be it
RESOLVED, That the Council hereby concurs in the recommenda—
tion of the Contract Committee and hereby awards the contract for
furnishing all labor, materials, equipment and services necessary
for or incidental to the con.struction of a primate house for Como
Park Zoo, Saint Paul, Minnesota, to Golde�sky & Son, Inc. --
General Construction -- amount of contract �111 , 288.00; in accordance
with plan.s and specifications therefor hereto attached and Formal
Bid #3565 of said company; an.d the Corporation Gounsel be and
hereby is directed to draft the proper form of contract therefor,
and the proper City officials hereby are authorized to execute
said contract on behalf of the City of Saint Paul; be it
FUR.THER RESOLVED, That the Corporation Counsel is hereby
directed to bring appropriate legal action on behalf of the City
against said Aichinger & Green Construction Company and their
sureties.
fORM APP
A�st Grporat+on Counael
JUL 41�69
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carison J U L � 1'�
Dalglish /. pprove� 19—
Meredith � Tn Favor
D..l___.._„ �
� U AyOr
Tedesco A gainst
Mr. President, Byrne ���� JuL 12 1���
�O
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AICHINGER � GREEN CON�TR�tt��l C�.
623 STRYI�R AVENUE I Y�d! Yy lw, � �rr.,J, FRED R AICHINGER
ST, PAU4 ���TA 55107 � LEO GRE�1
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222-3637 �
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��NE 30, 1969 •��..��;�..�,�� ;
E i��la �at�e 'eY of tlib
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MAYOR AND COUNCIL. „�
CITY OF ST. PAUL � � �� -
Ad�pt�d�tl�s J�l4.�M.
COURTHOUSE �l�plovet!?uDS��
ST. PAUL� MINNES07A 5��02 fJuat� �
ATTENTION: PARKS AND RECREATION DEPARTMENT
RE; ADVERTISEMENT FOR BIUS
PROJECT No. 3565c
PRIMATE HOUSE FOR COMO PARK Z00
GENTLEMEN:
ON P��AY 2� � 1969� OUR F1RM SUBMITTED THE APPARENT LOW BID FOR GENERAL CONSTRUC�
TION ON THE ABOVE PROJECT. ON THE SAME DATE� SEPARATE BIDS WEBE TAKEN FOR
THE RELATED MECHANICAL AND ELECTRICAL WORK. SINCE THERE HAS BEEN NO TIMELY
ACCEPTANCE OF OUR B10� YOU ARE HEREBY ADVISED THAT OUR BID JS WITHDRAWN.
PROMPT RETURN OF OUR BID BOND IS HEREBY REQUESTED.
VERY TRULY YOURS�
AICHINGER & GREEN CONSTRUCTIQN C0.
��/''
FREO R. AICHINGER� Ib►'RESIDENT
FRA:JMA
� i
�A�CHIIiVGER & GREEN CONSTRUCTION CO.
623 STRYI�R AVENUE FRED R.AICHINGER
ST. PAU4 �1NESOTA 55107 LEO GREBV
222-3657
1�, � � � � V � L.�
JULY 3, 1969 J�1 L 81969
GC?��o��r�or� cou►vsEL
MAYOR AND CITY COUNC1l
CITY OF SAINT PAUL R E C E i V E D
COURTHOUSE
SAINT PAUL� M�NNESOTA �5�02 �I'� ��Cn
UJ
RE: PRIMATE HOU3E FOR COMO PARK ZOO MAY01t'g OFFICE
CONTRACT No. 6,�-101-REB
GENTLEMEN;
WE HAVE BEEN ADV.ISED THIS DATE BV MR. DANIEL KLAS OF THE OFFICE OF CORPORATION
COUNCIL OF THE CITY OF SAINT PAUI. THAT NOTWITHSTANDING ADMIT7ED RECEIPT OF A FORMAL
WRITTEN WITHORAWAL OF OUR BID FOR THE GENERAL CONSTRUCTION WORK ON THE A80VE�
DESCRIBED PROJECT YOU HAVE ADOPTED A RESOl.UT10N BY WHICH YOU HAVE PURPORTED TO
AWARO THE CONTRACT FOR GENERAL CONSTRUCTION TO OUR FIRM AFTER OUR BID HAD BEEN
WITHDRAWN FOR I.ACK OF TIMELY ACCEPTANCE.
YOU ARE� THEREFORE� ADVISED AS FOLLOWS;
� . YOUR ATTEMPT TO AWARO THIS CONTRACT TO OUR FIRM MORE THAN FORTY DAYS AFTER
810 OPENiNG AND APPROXIMATEI.Y Z� HOURS AFTER WITHDRAWAL OF OUR BID� IS
REGAROED AS A NULLITY.
Z. AT NO TIME DURING THE PAST FORTY DAYS HAVE YOU GIVEN US ANY INFORMATION
WHATSOEVER OF YOUR INTENTION TO AWARD THIS CONTRACT TO US.
3• YOUR FAILURE EITHER TO MAKE A TIMELY AWARD OF THIS CONTRACT OR TO ADVISE
US OF YOUR INTENTlON 70 00 SO IN A MANNER WHICH WOULD PERMIT US TO PLAN
THE WORK HAS SEVEREL.Y PREJUDICED US BV CAUSIN6 US TO LOSE PROJECT PLANNING
TIME� EXPOSING US TO L033 OF COMMITMENT8 FROM KEY SUBCONTRACTORS AND MATERIAL
MEN� AND BV PROJECTING THE LATTER A?HASES OF THE WORK lNTO UNFAVORABLE AND
EXPEN3IVE CONSTRUCTlONV�74THER. IN ADDITION� WE HAVE BEEN CAUSED TO LOSE
OPPORTUNITIES TO BID OTHER WORK AWAITING THE AWARD OF THIS CONTRACT.
YOUR FAi WRE TO AWARD THIS CONTRACT (N A TIMEI.Y MANNER IN ACCORDANCE WITH 3TANDARD
PRACTICES IN THE LOCAL CONSTRUCTION INDUSTRY AND TO GIVE US A PROMPT NOTl�E TO
PROCEED IS REGARDED AS A CAR0INAL BREACH OF THE IMPLIEO CONDITIONS OF THE INVITATION
FOR BIDS AND THE PRACTICES IN THE LOCA1. INDUSTRY WHERE A SHORT CON3TRUCTION SEASON
IMPOSES AN OBLIGATION ON ALL PARTIES TO THE CONTRACT BiDDING PROCEDURE TO ACT PROMPTL.Y
SO AS NOT TO INTERFERE WITH OR OTHERWISE IMPEDE THE UNDERTAKING AND COMPLETION
OF THE WORK.
YOUR DILATORV ACTION AND DELAY IN ATTEMPTED AWARD OF TH13 CONTRACT DURING A PERIOD
WHEN THE INFLATIONARY TREND OF CONSTRUCTION COST3 IS A MATTER OF COMMON KNOWLEDGE
IS ALSO REGARDED AS AN UNWARRANTED ANO UNREASONABLE VIOLATION OF THE OWNER�S
OBLI�ATION TO MAKE TIMELY AWARD ANO TO GIVE A TIMELY NOTICE TO PROCEED.
a ' ..,
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� � 7
MAYOR ANJVD C 1 TY COUNC 1 L � PAGE 2 — c)ULY 3! 1969
SINCE THE DATE OF 81D OPENING� THE CONTRACTOR HAS BEEN MADE AWARE OF CIRCUMSTANCES
INDICATING THAT THE TOTAL ACTUAL COSTS OF CONSTRUCTION FOR THIS PROJECT EXCEED
THE PUBLIC MONEYS AUTHORiZED AND APPROPRIATED FOR THE COMPLETION OF THIS WORK.
IN VIEW OF THE FACT THAT ALL CONTRACTORS ARE EXPOSEO TO THE RiSK OF PROCEEDING
WITH PUBLIC WORKS WHEREIN THE MONEYS PROPERLY APPROPRIATEO TO COVER THE C08T OF
THE WORK ARE NOT AVAILABLE� DEMAND IS MADE UPON YOU TO GIVE US FORMAL WRITTEN
ASSURANCE THAT MONEYS ARE AVAILABLE TO PAY FOR ALL OF THE CONTRACT WORK WH1CH
YOU HAVE PURPORTED TO AWARD� 1NCLUDING CONTINGENCY ALLOWANCES CUSTOMARILY REQUIRED
ON PROJECTS OF THIS KiND•
SINCE YOU TAKE THE POSITiON THAT THIS CONTRAC7 HAS BEEN AWAROED TO OUR FIRM BY
FORMAL RESOL,UTION� VOU ARE HEREBY NOTIFIED THAT YOU ARE OBLIGED TO AND BOUND BY
THE CONTRACT DISPUTES PROCEDURE AS A CONDITION PRECEOENT TO THE PROSECUTION OF ANY
ACTION AT LAW.
VERY TRULY YOURS�
AICHINGE GREEN CONSTRUCTION C0.
.
FRED R. AICHINGER� PRG�NT
FRAlDTA
CC: CEDARLEAF� CEDARLEAF� $� CEDARLEAF� INC.
BRIGGS $� MORGAN� ATTORNEYS
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