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<br />!5nf AND c:a:OAft <br /> <br />~ 110. <br />~ <br /> <br />LAIS. BANNIGAN & CIRESI. P, A. <br />ATTORNliYS AT LAW <br />409 MIOWliST FEOliRAL BUILDING <br /> <br />I <br /> <br />SAINT PAUL. MINNE:SOTA 15~101 <br /> <br />DONALO L. LAIS <br />JOHN F. 8ANNlc;AN. JR <br />JEROME D. CIRESI <br />PATRICK J. KELLY <br /> <br />AREA CODIO 612 <br /> <br />224,3761 <br /> <br />November 12, 1980 <br /> <br />The Honorable Mayor and <br />Members of the City Council <br />City of New Brighton <br />803 - Sth Avenue N.W. <br />New Brighton, Minnesota S5l12 <br /> <br />Re: 9A and 8th Improvement <br /> <br />Dear Mr. Mayor and Members of the Council: <br /> <br />It has been called to my attention that there has been a quantity <br />overrun on the contract for the above-named project. Minnesota <br />Statute 429.041(7) provides as follows: <br /> <br />I <br /> <br />"After work has been commenced on an improvement under- <br />taken pursuant to a contract awarded on a unit-price basis <br />the council may, without advertising for bids, authorize <br />changes in the contracts so as to include additional units <br />of work at the same unit price if the cost of the original <br />work does not exceed 25% of the original contract price. <br />Original contract price means that figure determined by <br />multiplying the estimated number of units required by the <br />unit price." <br /> <br />I am advised in the present case that while in the process of excava- <br />ting for the baseJsoil conditions were much more severe than were <br />able to be estimated on the basis of preconstruction soil test <br />borings. The work had to be done correctly by removing the bad soil <br />and this resulted in the over-run which is in excess of the 25% <br />stated in the above-mentioned statute. <br /> <br />I <br /> <br />I have checked this with Mr. Gallagher of the Attorney General's <br />office and it is our agreement that this overrun was unforeseeable, <br />that the work is now done and the contractor must be paid, that it <br />is in fact not a change order and that the statute in this instance <br />is merely directive in its effect since the work is alreay accom- <br />plished. Under these circumstances, it is appropriate that the <br />City Council approve the payment and it is desirable that they <br />ratify the actions of the administration in proceeding in this <br />fashion. <br /> <br />Very truly yours, <br /> <br /> <br />LrFJ::;)~CI' <br /> <br />~d L. Lais <br />DLL/me <br /> <br />P.A. <br />