"file:///C:From: Jennifer Cline
Sent: Tue Jun 30 16:21:40 2015
To: Dan Huff
Subject: RE: Heintz Street contract
Importance: Normal
You send this to Ken?
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Tuesday, June 30, 2015 3:24 PM
To: Jennifer Cline
Subject: FW: Heintz Street contract
From: Chad Jacobs [mailto:Chad@gov-law.com]
Sent: Tuesday, June 30, 2015 3:10 PM
To: Dan Huff
Cc: David Doughman
Subject: RE: Heintz Street contract
Dan,
I only partially reviewed the contract because of the reasons discussed below. It appears from Ken’s email that they made changes to the contract that was in the bid documents. I discussed this with David, and he confirmed my understanding and belief that this is not something we can do at this stage of the process. Presumably, all of the bidders based their proposals on all of the bid documents, including the contract. To that end, we can’t really change the contract now. In addition, the document is a clean .pdf, so it’s impossible to tell what exact changes were made. Finally, in almost no circumstances does it make sense to have no retainage in a construction contract – and although that’s really a policy rather than legal call, I felt compelled to call it out from a risk management perspective. To that end, I would not sign this version, but rather sign the version from the bid documents.
I’m around this afternoon if you want to chat. If we don’t speak beforehand – please have a safe and relaxing holiday weekend.
Best,
Chad
Chad A. Jacobs
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | f (503) 226 2348
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From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Tuesday, June 30, 2015 2:01 PM
To: Chad Jacobs
Subject: FW: Heintz Street contract
Could you take a quick look at this contract?
Dan
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Tuesday, June 30, 2015 2:00 PM
To: Dan Huff; Heather Penni
Subject: FW: Heintz Street contract
Let me know if you have any comments as well. We will need to have all comment to Ken preferably by noon tomorrow in order to make the changes prior to the pre-con on Thursday morning. Friday is a holiday and contractor is planning to start work on Monday 7/6.
Thank you,
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Hash, Kenneth F. [mailto:HashK@hdjdg.com]
Sent: Tuesday, June 30, 2015 1:48 PM
To: nickj@wtc-inc.com; Jenn Cline (jcline@cityofmolalla.com)
Subject: Heintz Street contract
Nick & Jenn
Attached is the contract.
Please read it carefully. I have altered it slightly from the one included in the bid documents. The major change is that payments will be made in full each month, no 5% retainage. I also changed a few references.
Ken
Kenneth F. Hash | Senior Transportation Manager
HDJ DESIGN GROUP, PLLC
Engineers | Landscape Architects | Planners | Surveyors
314 W. 15th Street, Vancouver, WA 98660
Phone: 360/695-3488 ext. 2122, Fax: 360/695-8767
Cell: 360/931-7551
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