HomeMy WebLinkAbout1979-09-17city council minutesBook 20 Page 301
SPECIAL MEETING
September 17, 1979
7:30 p.m.
The Meeting was called to order by Mayor Pasley.
The Roll of the City Council was called with the following members
present: McCluskey, Williams, Raymond, Hopper, and Bauman.
Absent: Olesen.
(PRESENTATION BY COUNSEL REGARDING THE BIDDING FOR THE WASTEWATER
TREATMENT PLANT EXPANSION)
The Mayor stated that to begin the discussion he would like to
introduce the members of the City Council and others from the
City organization present at the meeting. The Mayor then asked
those from the audience to introduce themselves. Dean Miller was
recognized and stated that he was present at the meeting representing
Valley Inland Pacific Constructors, Inc.,; Mr. Miller introduced
Joseph A. Yazbeck of Portland also representing Inland Pacific
Constructors, Inc., along with the President of Valley Inland
Pacific Constructors who was also present in the audience. Counsel
for Neilsen and Company, Jeffrey A. Strother of the Law Office
of Moffatt, Thomas, Barrett & Blanton, introduced himself as well
as the Comptroller of Neilsen Company.
The Mayor explained that at 12:00 noon on the 21st of August, 1979,
the City had a bid opening for implementing the Wastewater Treatment
Plant expansion. There was three bids opened; one from Valley
Inland Pacific Construction Company for $2,929,917.00; Sletten
Construction Company for $3,065,000.00; and Neilsen Company for
$2,960,266.00 and JoJo Electric Construction Company whose bid was
not responsive to requirements and was not acceptable. The City
Engineer's estimate on the job was $2,850,000.00. On August 27th
the City received a protest notice from Moffatt, Thomas, Barrett,
and Blanton on behalf of Neilsen and Company. The Mayor then
called on Mr. Strother who was representing Neilsen and Company.
Mr. Strothers was recognized and discussed at some length the
objections of Neilsen and Company with regard to the bidding
procedure. His conclusion was that on the basis of the licensing
not being adequate and the failure to file a clear bid, they were
filing the protest. It was the request of the Neilsen and Company
counsel that the City reject all bids and readvertise the project
because none of the bidders adequately complied with the Idaho Code.
Dean Miller was then recognized and stated that he was present
representing Valley Inland Pacific Constructors. He presented
at some length Valley Inland Pacific Constructor's view of the
bid opening and the procedure. In conclusion, it was Mr. Miller's
suggestion that the City has a low bid from a responsible bidder
who is licensed to do the work and followed the City's instructions
on the document and who will be able to furnish a Certificate of
Competency for the plumbing when the time comes for the letting
of the contract and that the position of Neilsen and Company was
harping on very minor informalities in the process.
The Mayor thanked both attorneys who presented their position
for the two companies and then asked the City Council's permission
to go into an Executive Session to have a discussion with the
City Attorney, Wayne Davis.
The Mayor explained that the E.P.A. requires a written opinion
from the City Attorney and he also felt that the City Council
would feel more comfortable in having the written decision from
the City Attorney before making their decision. The Mayor further
informed those present that no decision would be made at this time,
Book 20
Page 302
but that there was a possibility that the legal opinion would
be prepared for the noon meeting on the 25th of September.
The City Council agreed to go into an Executive Session to discuss
with the City Attorney his legal opinion with regard to the
bidding on the Wastewater Treatment Plant expansion.
There being no further business, the Meeting was adjourned at
8:10 p.m. and the City Council adjourned into an Executive
Session.
APPROVED AS written THIS 18th. DAY OF September 1979.
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