I picked up the construction contract this afternoon - thanks for making sure it was ready.
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- Ella Carson
- 5 years ago
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1 Sent: January 5, :00 PM Subject: Maple Reinders Contract I picked up the construction contract this afternoon - thanks for making sure it was ready. I seem to be missing parts of the agreement. The following section in the Supplementary Conditions to CCA 14 (page 52 of the attached PDF file) makes reference to an "attached schedule". My package did not contain that schedule In the event that the Owner determines, in no event later than July 31, 2010, that it prefers to use a 'sliding scale' in respect of the process fee per ton, as described in the attached Schedule [Alternative Price Form B2 of Design Builder's proposal], the Owner shall notify the Design-Builder in writing, and the Design- Builder shall deduct $ from the Contract Price, which shall be accounted for in the application for payment of the Design-Builder next following receipt of notice from the Owner of its decision to apply the 'sliding scale' approach. I would appreciate if you could follow up with the keeper of this contract. Thanks for your help. Sent: Wed, January 6, :54:32 AM Good morning, I ve left a message for the Administrative Assistant in Environmental Services to sort this out. I ll be in touch as soon as I hear from her. Regards, Sent: January 8, :30 AM Subject: Re: Maple Reinders Contract
2 Any idea when I can expect the missing parts of this contract? Thanks Sent: Fri, January 8, :24:00 AM Hi rick, The missing part of the contract speaks to a tender document. I have to examine the document itself to determine whether disclosure is permitted under MFIPPA. I m waiting on word from our Finance department but hope to have your answer next week. Thanks, Sent: January 8, :45 AM Subject: Re: Maple Reinders Contract Melissa, I am a little confused. The missing part of the contract is an attached schedule to the contract itself (referenced by section 5.2.9) and is a integral part of the pricing (i.e. a $650,000 price reduction). However, I know very little about MFIPPA so I can wait for your assessment. I received letters from both you and Lois Giles confirming I had full access to this contract. I would have thought if you had decided to remove parts of it, you would have brought that to my attention. If possible, I would appreciate knowing if any other parts are missing when you respond next week. Thanks for your help. Sent: Fri, January 8, :02:37 AM
3 rick, Under the Municipal Freedom of Information and Protection of Privacy Act, you were provided with a full copy of the public contract as it was filed in the Clerks Office with By-law None of the information contained in our copy of the contract was withheld from you. I have been advised by Environmental Services that this schedule was not attached to the contact filed with my office. According to Environmental Services the schedule was part of the original tender document. Tenders, bids and proposals are dealt with differently than public records under MFIPPA, so until I have an opportunity to review the document I am unable to determine whether the information can be provided to you in full, or if it is partially or fully exempt from disclosure. I appreciate your patience.
4 From: To: Sent: Wed, January 13, :58:50 PM Subject: Re: Alternative Price Form B2 of Design Builder's Proposal
5 Thanks for getting back to me. I have never been through this process before so I am finding it to be a good learning process. If relevant, please pass on my comments below to Lois Giles. For clarity, your letter dated January 13, 2010 references my request for the Alternative Price Form B2 of Design Builder's Proposal, which is not really accurate. I requested a complete copy of the Maple Reinders contract. That contract references the information in a schedule but the schedule was not included in my package. Also, I may have been provided with "a complete copy of the construction contract for the organic waste processing facility as it was filed in the Clerk's Office with By-law(2009)-18847" but I was looking for a complete copy of the contract as executed by the City. Had I known more about your filing system, I might have requested that the contract be pulled from a different location in the building. Thanks again for your time.
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