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. . .~ <br />delay because the architect disputed the District's claims under that provision. <br />Consequently, a sole source procurement with Arbuckle was SAMC's only reasonable <br />alternative. . <br />FTA Detennination: Based on ~the extenuating circumstances of this project and the <br />need to proceed to the construction phase, FTA approves the sole source procurement <br />with Arbuckle Costic Architects, Inc. We further recommend that a Final Agreement <br />(FA) be negotiated, as quickly as possible; and that this FA be submitted to FTA for <br />approval. <br />SAMC Actions: Please submit to FTA a~ copy of the final agreement for~pproval_ <br />2. Construction Services. Mr. Dan Berrey was retained by a LOA signed by Marion <br />County on July 31, 1996. We understand that PencelKelly was a subcontractor to Berrey. <br />We further understand the LOA with Berrey has been ternunated. Berrey had not entered <br />into a written agreement with PencelKelly. Because the architect had not provided any <br />cost estimation or value engineering services, SAMC deterniined, in order to provide <br />continuity of service, if was ~also necessary to retain the services of the Pence/Kelly for cost <br />estimation and value engineering services. SAMC assumed that if they hired a new <br />construction services firm that the cost estimation and value engineering services would not <br />be duplicated, but that a new fum would incur costs to get up to speed on the project. <br />SAMC avoided additional costs plus the assoaiated delay time by retaining PencelKelly on <br />a sole source basis. <br />FTA Deternunation: Based on the extenuating circumstances of this project and the <br />need to proceed to the construction phase, FTA approves the sole source procurement <br />with Pence/Kelly for the interim period of the contract ternunation with Berrey to <br />December 31, 1997. <br />SAMC Actions: None <br />3. Contract Clauses. We reviewed the federal clauses submitted in the January 21, 1998, <br />letter from RG. Andersen-Wyckoff, and could not locate two required clauses; (a) State <br />and Local Law Requirements, and (b) Incorporation of Federal Transit Administration <br />Terms, items 29 and 30 in the Best Practices Manual. <br />SAMC Actions: Please submit to FTA within 30 days of receipt of this letter the two <br />additional required clauses. <br />r~ <br />LJ <br />Page 2 of 3 <br />