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~ On February 17, 1999, after receiving notice of acceptable levels of Agency participation, the <br />County and Transit District awarded the construction contract to Pence/Kelly Construction. After <br />having awarded the construction contract, the Intergovernmental Participation Agreement was <br />executed by the Transit District and the County on February 18, 1999 (Attachment C). <br />The record and proceedings are clear that the County and Transit District were well advised of the <br />minimum standards for bidding and acceptable level of Agency participation in advance of bid <br />opening, contract award and agreement execution. Additional participation is not warranted, <br />particularly in light of the fact that the accepted level of participation is equal to 120% of the median <br />price bid by all bidders. In staff's opinion, such an increase would act to inappropriatety shift project <br />costs to the Agency in amounts exceeding reasonable expenses for Agency eligible bid items. This <br />was the exact circumstance sought to be avoided by the Intergovernmental Agreement and the <br />follow-up notification to the County and Transit District dated February 12, 1999 (Attachment B). <br />chard A. Hayden, ~rban Development Administrator <br />Attachment A: Courthouse Square - Request for Increase Funding <br />Attachment B: Urban Renewal Agency designation of acceptable participation <br />Attachment C: Intergovernmental Participation Agreement <br />Request for Funding Increase - . <br />Courthouse Square 3 May 3, 1999 <br />