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A JOINT PROJECT BY <br />Marion County <br />Board of Commissioners <br />Randatl Franke <br />Patti Milne <br />Mike Ryan <br />Satem Area Mass <br />Transit District <br />Board o( Directors <br />Luis Carabalb <br />Kenneth `Casey" Campbell <br />Marcia Kelley <br />Dennis Koho <br />Eric Swenson <br />Nancy Towsiee <br />Mark Weprecht <br />March 29, 1999 <br />The Hono ~ ~~ ~ ~ ~~ ~ <br />rable Mike Swaim ~q~ j ~ 1999 <br />Mayor, City of Salem <br />Salem Civic Center COMMUNII~ r <br />S55 Liberty St: SE ~F~ ~~ ~• <br />Salem, OR 97301 <br />Re: City of Salem Streetscape funding for the Courthouse Square <br />project <br />Dear Mayor Swaim, <br />We are writing to you to seek your assistance in resolving an issue which is of <br />both fiscal and substantive concern to our respective jurisdictions. <br />As you know, we have completed the bidding phase of the Courthouse Square <br />project and have awarded the bid for construction to Pence/Kelly Construction, <br />of Salem. At City staff s request, we included in that bidding a detailed <br />breakdown of the streetscape cost elements. <br />Unfortunately as it turns out, the low overall bidder on the project- <br />PenceJKelly-was the highest "bidder" on the streetscape poction of the project. <br />This has brought about a difficult situation for the County and the Transit <br />District, and the City as well. Through our own purchasing rules, not to mention <br />Federal Transit Administration regula[ions, we were obligated to award the <br />project to the low bidder, even though the streetscape element of the project was <br />the highest (the Pence/Kelly bid for streetscape was $1,711,751...the lowest <br />streetscape bid in the range was $1,174,530) <br />Faced with this dilemma, City staff made an administrative decision to <br />incorporate a process of averaging all six bids on the streetscape, and allowed <br />the County and District an allowance of 120% of that average as a b~isis for <br />payment. In so doing, the partnership is left $247,000 short of the revenue <br />needed to pay the actual bid cost of Pence/Kelly. <br />We feel that the City's process of averaging bid costs is unreasonable given the <br />nature of the bidding process that was used, and is not consistent with the <br />original intent of the City's agreement to provide for the actual costs of <br />streetscape, up to a maximum of $2 million. While we very much appreciate the <br />cooperation and work effort that City staff has provided us in trying to resolve <br />this issue, we feel that the product that has resulted violates the previous <br />agreements between the City and our jurisdictions, and are asking that you <br />review the City's position. ~ <br />~ = ::~. <br />ATTACHMENT A <br />