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Jeff Evenson <br />February 13,2004 <br />Page 2 <br />As you and I noted in our conversation, in order for the City to actually receive <br />compensation under the settlement agreement, there are several very specific criteria which <br />must be met during the deck remediation portion of the proj ect. Because of this, we suggest <br />that the City ensure that any contractors bidding on the construction project have not only <br />worked with Phenolic Foam insulation removal, but have also been suCCessful in receiving <br />compensation under the class action settlement. <br />I spoke with Jim Edwards regarding his familiarity with public entities which needed to <br />bid their re-roofinglremediationprojects as a public bid. He stated that in his experience the <br />total project costs generally decreasedwhen sent out for public bid. However, having said that, <br />he noted that there was a good possibility this may not happen, depending upon the type of <br />roof the ��ailding own�r needed or wanted to replace. You and I briefly disuusg�� ihat in the <br />case of the Roseville Ice Aren�the bids received by the City for the re-roofing portion of the <br />project may be higher since the City needs to include betterments reflecting new state <br />requirements imposed since the old roof was initially constructed. <br />With regard to any assistance that PhenCon could give to the City with the bid <br />specifications, Mr. Edwards indicated that the $5,000, which PhenCon is being paid directly <br />for design services from the phenolic foam class action settlement funds, is for assisting the <br />building owner in obtaining the initial inspection and bids so that the City could receive <br />settlement. Any assistance given by PhenCon the bidding out the work to be done would be <br />above and beyond the scope of the initial agreement. Furthermore, Mr. Edwards indicated that <br />while PhenCon has assisted private building owners with the bidding process, PhenCon does <br />not do public bidding. However, Mr. Edwards e-mailed me a sample of deck replacement <br />specifications and some information on PhenCon's E-Bill software package developed by <br />PhenCon for assistance in processing claims. I have forwarded these documents to you via e- <br />mail. Mr. Edwards also indicated that he did have the roofing specifications from the <br />Roseville Ice Arena that were used to determine the value of the existing roo£ However, he <br />indicated that that these specifications were not for construction purposes, but were used only <br />to determine the vaiue of iike-:ic�nd roofing system. i have not yet received the roof <br />specifications, but will forward them on to you when I do. <br />I further discussed with Jim Edwards the possibility of the City using a consultant to <br />develop the specifications and further manage the project. In his estimation, a building owner <br />would not necessarily have to hire a separate consultant to oversee the project solely for <br />settlement compensation purposes, if the building contractor is able to complete the <br />documentation needed. In his experience, the contractors who have done work under the <br />settlement are knowledgeable about and are able to complete all of the documentation needed <br />for the building owner to receive compensation. He suggested that if the City did decide to <br />hire a consultant to manage the project, the City still keep the contractor "on the hook" for <br />complying with all of the settlement compensation requirements. He was wary of allowing <br />