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Member Cihacek responded that while "liquidated damages"was a different term, <br /> from his read of the previous month's meeting minutes, the numbers were <br /> justifiable and he was fine with them as indicated in those minutes. <br /> Member Wozniak suggested referencing Section 8 (page 30) and "payment in <br /> damages" versus "penalty" as previously discussed. <br /> On page 36, discussing failures, Chair Stenlund noted Item g. specific to clean-up <br /> of spilled materials by the contractor within six hours or verbal or written <br /> notification. Chair Stenlund noted that a lot could happen in six hours, and <br /> suggested that language be changed to "Immediate Clean-up" and also requiring <br /> that the contractor self-report the spill to the state duty officer, depending on the <br /> amount and type of spill. In the case of a truck breakdown, for example, Chair <br /> Stenlund noted that materials were not always picked up before those rich <br /> nutrients ended up in the storm sewer system. Chair Stenlund suggested that <br /> some incentive should be in place to get the spill cleaned up ASAP without <br /> direction from city staff being required. Chair Stenlund also noted the need for <br /> the contractor to clearly identify what they were carrying in their spill kits. Chair <br /> Stenlund suggested that any additional costs incurred by the city for discharge of <br /> materials (e.g. cleaning out or jetting the sewer system) be applied as an <br /> additional cost to the contractor, thereby revising the language to $250 for each <br /> incident, PLUS any additional costs incurred by the city. <br /> Mr. Culver expressed his concern in the subjective interpretation of"immediate;" <br /> and suggested instead language to read "...immediately or no later than six hours <br /> after the incident occurs. <br /> Evaluation Criteria and Weighting <br /> Chair Stenlund asked if there were any individual concerns of the PWETC with <br /> this evaluation as defined. Chair Stenlund advised that he was fine with the <br /> scoring as currently defined in the draft RFP. <br /> At the request of Member Cihacek, Mr. Johnson referred to the first three bullets <br /> on page 4 identifying "community values." <br /> Chair Stenlund noted that they were further defined in the packet under <br /> community values; and each vendor was asked to provide information as to how <br /> their proposal met them. <br /> Member Cihacek stated that his concern was with transparency for the vendor, <br /> since the value system was unclear or the vendor may not understand the value. <br /> Member Cihacek proposed changing the weighting as follows: <br /> • Price: 40% <br /> • Past Performance: 15% <br /> • Value Added Plan: 15% <br /> Page 17 of 20 <br />