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A JOINT PROJECT BY <br />Marion County <br />Board of Commissioners <br />Randall Franke <br />Patti Wiilne <br />Mike Ryan <br />4/5/99 <br />March 29, 1999 <br />The Honorable Mike Swaim <br />Mayor, City of Salem <br />Salem Civic Center <br />4.4.f <br />~; ~ <br />RECFIVED <br />MAR 3 0 ~gg9 <br />555 Liberty St. SE ~AYOR-CITY MANAGERS OffIC: <br />Salem, OR 97301 <br />Re: City of Salem Streetscape funding for the Courthouse Square <br />project <br />Dear Mayor Swaim, <br /> <br />Salem Area Mass We are writing to you to seek your assistance in resolving an issue which is of <br /> <br />Transit District both fiscal and substantive concern to our respective jurisdictions. ~ <br />Board of Directors <br />Luis Caraballo As you know, we have completed the bidding phase of the Courthouse Square <br />Kenneth "Casey" Campbell ro ect and have awarded the bid for construction to Pence/Kelly Construction <br />p ~ <br /> <br />Marcia Kelley <br />Dennis Koho , <br />of Salem. At City staff s request, we included in that bidding a detailed <br /> <br />Eric Swenson breakdown of the streetscape cost elements. <br />Nancy Towslee <br />Mark Wieprecht Unfortunately as it turns out, the low overall bidder on the project- <br /> Pence/Kelly-was the highest "bidder" on the streetscape portion of the project. <br />' <br /> ~ <br />his 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 regulations, 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 wit~ this dilemma, City staff made an admi:~:s::ative decis~on t~ <br />incorporate a process of averaging all six bids on the streetscape, and allowed <br />the County and District an allowance of 120°l0 of that average as a basis for <br />payment. In so doing, the partnership is l.~ft $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 />~PR 0 5 1999 <br />n „1,~~ ~ . ~..: r <br />V \l. D ~:1J ~ ~ ~j ~~ ^„/~~-. <br />,, ~ <br />~ y, <br />:( . ~,`.~ <br />