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From: RICHARD HAYDEN <br />~ ~. Tot BWasson <br />~ Date: 1/27/99 6:56pm <br />Subjectt Agreement Commente <br />Billy- <br />Thanke for forwarding the comments from Mr. Lewis on the Intergovernmental <br />Participation Agreement. Following are Mr. Lewis' comments followed by our <br />response with the first sentence of each underacored for ease of identity. <br />"Section 3 paragraph a-You would think the public improvement bidding <br />requirements would require us to award the contract to the loweat streetscape <br />bidder". <br />The qroiect (all elementsl are nubliclv bid and awarded to the lowest <br />bidder for the "proiect". See Section 3 c. for acknowledgment of potential <br />that the elements or components of the total project for participation by the <br />Agency may not be the lowest bids tendered. <br />"Section 3 paragraph b-i know I'm stating the obvious, but this five day <br />review period will not allow time to include any modifications in an <br />addendum". <br />As vou are aware the bid form with modifications has been aoproved and <br />fe on the street. The bid form was furniahed to our Staff late Friday <br />afternoon 1/22/99; reviewed by our staff with verbal confirmation provided to <br />the architect on Monday 1/25/99; written confirmation was aent by fax and US <br />Mail on 1/26/99. We attempted to respond in as timely fashion as posaible and <br />followed the procedures of the Agreement although not executed. We anticipate <br />to preform in an equally timely fashion for other elementa of the Agreement. <br />"Section 3 paragraph c-Although it appears to be in conflict with paragraph a, <br />thie statement is helpful and should address our concerns about awarding the <br />bid to a contractor who is not necessarily the lowest bidder". <br />See above. <br />"Section 4-Ten days is an awfully long time to wait for the City's reaponse to <br />a propoaed change order. I'm sure there will be circumstancea where the <br />contractor will need an approval on a streetscape change order within a few <br />days". <br />This is an accurate and reasonable observation. It is not uncommon that a <br />decision must be made in the field in a short time frame. We would find <br />acceptable a maximum time for response/approval to be 2 busineas days in lieu <br />of the atated 10 days. Again we anticipate our etaff responding to your needs <br />in as timely fashion as possible. <br />"Section 7 paragraph b-This requires us, and more specifically the contractor, <br />to aubmit a streetscape pay application detailing unit quantities and costs. <br />As you know, pay applications do not contain this type of detail. We would <br />typically only receive percentage complete numbers based on the schedule of <br />values. The streetscape contract calls for the itemization of work completed <br />but thie is somewhat vague. This requirement is in addition to the detailed <br />initial bid isaue Leonard is addressing now. If we cannot negotiate this out, <br />we need to address this in the addendum. This is a cumbersome requirement and <br />will likely add cost to the bid". <br />