From: 	Barbara Barhydt
To:	DiPierro, Philip;  Earley, Katherine;  Margolis-Pineo, David;  Varney, Gretel;  West-Chuhta, Danielle
CC:	Beety, Betsy;  Littell, Penny;  Spiller, Marc
Date: 	7/20/2010 3:29 PM
Subject: 	Re: Fwd: Farragut Street Completion

Hi:
 
We did discuss at the Tuesday Public Services Meeting.  We wondered if there is a list of what was deficient in the legal file, when Penny pulled the performance guarantee.  Could Terry or Mary check that file by any chance or should we wait until next week?
 
Thanks. 
 
Barbara

>>> Danielle West-Chuhta (Danielle West-Chuhta) Tuesday, July 20, 2010 3:15 PM >>>
Kathi:
 
I have done some research.  Although the Code does not specifically address this issue, it is my thought that we would have to return any monies that we did not use to the developer.  I am concerned, however, that there were other improvements that may have been made to this property that the City paid for that we have not accounted for yet.  Penny may have information regarding this matter, but she is currently on vacation so let's plan on not doing anything this week and instead following up on it next week after I have spoken with her.
 
Thanks a lot,

Danielle

>>> Katherine Earley 7/19/2010 4:14 PM >>>
This may be all we have on the topic; thanks everyone for pitching in.
Two other areas of files that may help us learn if any other work was to be done with the pulled PG; that would be any files related to the pulling of the performance guarantee itself (where housed?) and any files we may have on any street acceptance process that may have taken place after paving.  
Please make an effort to exhaust those resources for any further info/documentation; if none is found and Corp. Counsel supports that unused PG's should go back to the developer then it would appear that he's looking at a hefty refund.
Kathi

>>> Gretel Varney 7/19/2010 2:36 PM >>>
I've attached what info I have regarding Farragut.  One file is an email chain regarding the pulling of the performance guarantee and getting the street paved before winter and the other is the cost associated with paving the street.  The amount of $8,679.83 was paid under the 2006 CIP paving contract from C06104, PO 021012. I don't know if other work was done to this project before or after paving and I don't have any info on whether the expectation was to reimburse the paving account once the guarantee funds became available.

>>> Gretel Varney 7/19/10 8:14 AM >>>
We paved the end of Farragut under paving program.  I will look up what info I have on it.

>>> Marc Spiller 7/19/10 8:10 AM >>>
Kathy, I'm thinking Todd M. ended up paving it. not sure if any drainage work was done.

>>> Katherine Earley 7/16/2010 1:54 PM >>>
Hi:
My first question is why are we entertaining such a request?  not that I know this for certain, but once a performance guarantee is pulled isn't it a 'done deal', ie the developer no longer has any claim to it?  Phil - who in Corp. Counsel might verify that for us?
 
As for tracking out what work may have been accomplished; I looped Marc & John in to ask them whether they have a recollection (or could ask staff who were here then) of DPS performing any work out there after the PG was pulled.  And - David, you'll need to ask around to learn if Engineering contracted out any work to finish that project out.  I've no info on it myself.
Once we find out if anyone here at DPS knows about any work done out there by or thru us, we can start trying to track down financial records.
Kathi

>>> Betsy Beety 7/16/2010 2:00 PM >>>
Kathi,
Who would have any info on this?  I do not do anything with Performance Guarantees.  HTE shows $53,000 with nothing charged against it.
 
Thanks,
Betsy

>>> Philip DiPierro 7/16/2010 11:32 AM >>>
Hi Betsy, I've been asked to look into the status of the funds relating to a performance guarantee that was called on October 12, 2006 for work that the developer failed to complete on the Farragut Street extension project. After the PG was called the City deposited the money into Account #710-0000-233.91-01. I have attached a copy of the City's PG form for your reference.
 
The developer has contacted me to find out how much, if any, was spent to complete the project. Could you please tell me if the City spent any money to complete the project, and if so, how much? The developer would like any remaining funds to be returned.
 
This is a project that was approved and constructed before I started working for the City, and was being handled by Todd Merkle and Jay Reynolds, neither of whom work for the City anymore. Any help or guidance you could give me would be much appreciated.
 
Thanks.

 
 
Philip DiPierro
Development Review Coordinator
City of Portland Planning Division
389 Congress Street
Portland, Maine 04101

Phone 207 874-8632
Fax 207 756-8258