Loading...
HomeMy WebLinkAboutGregory Lift Station RehabilitationBID RESULTS GREGORY LIFT STATION REHABILITATION Contractor 1. Paul Construction, Meridian 2. Bitterroot Construction, Boise 3. Turn -Key, Inc., Ontario 4. Gulley Construction, Boise Engineers Estimate March 1, 1996 - 3:00 P.M. Amount Bid $29,300.00 $32,600.00 -<- AWOAX-e-4 $38,596.00 $53,523.00 $35,420.00 Paul Construction was'a contractor in the Meridian area from 1972-1987 according to the owner, Mr. Jim Paul. In 1987 he left this area because of a work slowdown and went to work for a large general contractor in the Santa Rosa, California area. According to Mr. Paul, he became disenchanted with the travel he needed to do with the general contractor and came back to the Meridian area to get back into sewer and water line work. Mr. Paul doesn't have much experience in lift station construction. The bid documents requested that he have at least five years experience in the installation of sewage pumps and associated piping and shall have completed at least 5 municipal installation projects. The references he has submitted do not provide this kind of experience. His proposed project superintendent reportedly was involved in the installation of a lift station for the City of Moscow, Idaho. I was not able to contact anyone in Moscow to substantiate this. The difference between the low and 2nd low bidder is $3,300. The 2nd low bidder is well known in the Meridian area for their quality of work and provided some references of lift station projects they have done. This project is, or can be, a difficult one because of the limited space in which to work. I would appreciate your thoughts on the award of this bid. 7 FOR INFORMATION REGARDING THIS PROJECT, CONTACT HARRY E. AHRENS (208) 375-5775 111 OCTOBER 1995 Ahrens &Mason Engineering, Inc. 707 t + CONTRACT DOCUMENTS FOR j• � THE REHABILITATION J 14 OF THE Y GREGORY SUDIVISION SEWAGE LIFT STATION' � + T �y FOR r q F �pP L NA DEPARTMENT OF PUBLIC WORKS CITY OF MERIDIAN, IDAHO . FOR INFORMATION REGARDING THIS PROJECT, CONTACT HARRY E. AHRENS (208) 375-5775 111 OCTOBER 1995 Ahrens &Mason Engineering, Inc. 00100 INSTRUCTIONS TO BIDDER 1. CONTRACT DOCUMENT The Contract Documents are divided into parts, divisions, and sections for convenient organization and reference. B. DOCUMENT INTERPRETATION The separate sections contained within these Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the construction and completion of the proposed project. Should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (at least 6 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all registered holders of Contract Documents. Bidders shall submit with their Bid, all Addenda. Bids received without acknowledgment will be considered informal. The Owner will not be responsible for any other explanation or interpretations of said Documents. 2. GENERAL DESCRIPTION OF THE PROTE A general description of the project is contained in the Invitation to Bid. The project is further specified in applicable parts of these Contract Documents. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must submit such data as called for in the bid proposal. Each Bid must contain evidence of Bidder's qualification to do business in the State where the Project is located. The bidder shall have at least five (5) years experience in the installation of sewage pumps and associated piping, and shall have completed at least five (5) municipal in allation 12r4aects. 4. BIDDER'S UNDERSTANDING Each bidder must inform himself of the conditions relating to the execution of the work, and it is assumed that he will make himself thoroughly familiar with all the Contract Documents and site conditions. Failure to do so will not Project No. 8049515 1 INSTRUCTIONS TO BIDDERS i CONSTR CTIONQUALIFICA TION �Oavtl SUBMITTAL FORM In order for the City of Meridian to properly evaluate bid proposals the following information shall be submitted by each bidder. Failure to submit the complete required information with the bid may result in the bid being considered non - res onsive and may result in rejection of the bid. /project No. 1: Location: Name of Project: Size of Project: Contact Person: C Address: T Telephone Number: Project No. 2: Owner: 9 Name of Project:9'i:t1,A4 Size of Project: Contact Prson: Address: Telephone Number. c, 7- % I t 1n . Project No. 8049515 CONSTRUCTION QUALIFICATION 1 SUBMITTAL F,O�,, Project No. 3: Owner: Location: `vZ U 1 �l,z �t�1n ►� �; Name of Project: � Ka r,-) -�Jij1 A�n e� VYM/ Size of Project: JContact Person: --b-0 Address: 1 9 (1 1 . Telephone Number: 351 - Project No. 4: Owner: A Location: Cu¢.j�- `i`(\ ,Lk-�- - — — - Name of Project: Size of Project: Contact Person: Address: l Telephone Number: // roject No. 5: G Owner: Location: Name of Project: ka 5- 0v Size of Project: Lrm-b; Contact Person: r"-el�t-nom r �- Address: i ;;�o r\ Telephone Number: `�- cc-) 5fi .� f CC4YS(! CONSTRUCTION QUALIFICATION Project No. 8049515 2 SUBMITTAL FORM G CONSTRUCTION QUALIFICATIONc_ Ji r SUBMITTAL FORM ,1��111 j In order for the City of Meridian to properly evaluate bid proposals the following information shall be submitted by each bidder. Failure to submit the complete required information with the bid may result in the bid being considered non- responsive and may result in rejection of the bid. Project No. 1: Owner: C t TZ Or-- N A -m PA Location: 94"eA , rDAk+O Name of Project: L 1 FT 5 T —Tt 014 rpt = Z (1.� A& U T -ATI cif P/Lc�J C-7 � ► �' 8 4) Size of Project: $ 314-, coo Contact Person: W I G HA-,eL FU' Address: OT 7 HA -V, tilAIipA =aAt-io Telephone Number. .4(o5- 2Z2O Project No. 2: Owner: as I s E C ► 7`9 . Location: KATH&,! rg A-L66r?,,r5o i Mk*_ Name of Project: Lt P-" .5TATU.),i Size of Project: # l l , 3 Cc (inbcrL cu L:y) Contact Person: 30t-rk JOH-tA504 Address: G i -ry l-4 4c L , 130156, .ZAAf4o Telephone Number. 3 20 Project No. 8049515 CONSTRUCTION QUALIFICATION SUBMITTAL FORM Project No. 3: Owner: PAV&-rrE CAIGC-5 WAK�,2 % Se,)6,2- Di,, tcr Location: M c CA -u- , T - D A t -1-o (9{i oX n!i oTow (,� 84) WH((.6 6mpWyG-o wLrH 5th Wt4 6aj,)ST-WCn04 7i,x.) Name of Project: _P�ETT& (ALES c4--c,)6iZ Cb u ecn.orl s y S r Size of Project: I ISS TA -U- AU R OK 10-1Z S LI F 7- STA -c o4 Contact Person: _ J' -U - g 6MG 1 NECg-s — &eWZ--T6 WA GN.&,e- Address:�rOtSE,-TDAffo Telephone Number: 374 -733 0 Project No. 4: Owner: S t±a V- D D 6 -r1U (,s r t W C6,4 Location: Fd t�r-- r XbAfbtL— Name of Project: A2�su/LE� �YSr� Size of Project: 35, Ocl� Contact Person: ? lYtiR i �TE�I1 Stipp Address: 6Mo, . R.A Telephone Number. Project No. 5: Owner: 5e�6,N TH DLZ A -.D Vert VF Ct4u116H = Sc t boL. Location: 1,7 9 zJ ►3�ts� s�A�, Name of Project: _P 2esst.c2� Size of Project:_ I S , coo Contact Person: ? Vh A t rcr&rr RriC Address: I l 1 S" n( C. L-oy6-tD Atm 2D Oot 5 , ZD V Telephone Number. 377-644-7 !-4,A vE $ (5 c7 I fJ S ; P�l (fid %11(,{ u t ct prq{, S{�ft�=re f 5 TA -T ► o piS t t4 7'tiE. FOLLOWING OrttK. C1 T1C-S 1r,( L(6-4rcg 1"7$ TrlUk l98S. Ku,�mR-rH F4u.S, Cv-&" F -u(7 .6, al&&o4 M � CAt,t1Anrfo Project No. 8049515 CONSTRUCTION QUALIFICATION 2 SUBMITTAL FORM MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: ITEM NUMBER; 22 REQUEST; HEARING REQUESTD BY PAUL CONSTRUCTION REGARDING GREGORY LIFT STATION BID AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. AUL ONSTRUCTION GENERAL CONTRACTOR UTILITIES & EXCAVATION March 11, 1996 HAND DELIVERED City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho RE: GREGORY SUBDIVISION LIFT STATION Dear Clerk: P.O. Box 1117 Meridian, ID 83680 (208) 466-2953 CITY OF MERIDIAN Paul Construction hereby requests a hearing regarding the rejection of our bid alleging that we are not qualified to perform the work. Paul Construction submitted the "lowest responsible bid" and is entitled to an award of the contract. Our request for hearing is in accordance with the requirements set forth in Scott v. Buhl Joint School No. 412, 123 Idaho 779 (1993). Thank you for your immediate attentions. S' rely, ames L. Paul ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 26 03/11 13:42 208-888-3969 AUL ONSTRUCTI'ON GENERAL CONTRACTOR UTILITIES & EXCAVATION March 11, 1996 HAND DELIVERED City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho AS OF MAR 11 196 13:43 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDt# STATUS G3 --S 00'39" 001 120 OK RE: GREGORY SUBDIVISION LIFT STATION Dear Clerk: P.O. Box II17 Meridian, ID 83680 (208) 466-2953 RECEIVED MAR 1 1 1596 CITY OF MERIDIAN Paul Construction hereby requests a hearing regarding the rejection of our bid alleging that we are not qualified to perform the work. Paul Construction submitted the "lowest responsible bid" and is entitled to an award of the contract. our request for hearing is in accordance with the requirements set forth in Scott v. Buhl ,joint School No. 412, 123 Idaho 779 (1993) - Thank you for your immediate attentions. s' rely, ames L. Paul Post-it'�gbrand fax transmittal memo 7671 # of pages P,TO From (/(� /,� / -; Co. Co. Dept. Phone # Fax # Fax # WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor March 13, 1996 James L. Paul Paul Construction P.O. Box 1117 Meridian, ID 83680 (208) 466-2953 Re: Gregory Subdivision Lift Station Bid Dear Mr. Paul COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY As per your request, the City Council will have a hearing concerning the rejection of your bid for the Gregory Subdivision Lift Station. The hearing will be at the regularly scheduled City Council Meeting on Tuesday, March 19,1996 at 7:30 PM in the Council Chambers at Meridian City Hall, 33 E. Idaho Ave. If you have any questions concerning this issue, please contact me or our City Attorney Wayne Crookston. Sincerely William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 17 03/15 14:21 4662953 OFFICIALS WILIJAM G. BERG, JR., City Clerk JANICE L, GASS. City Treasurer GARY D. SMITH, RE., City Enginser BRUCE D. STUART, Water Works Supt, JOHN T. SHAWCROFT, Waste Water SUpL DENNIS J. SUMMERS, Parks Supt, SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. `BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attomey March 13, 1996 AS OF MAR 15 196 14:22 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS G3 --S 00'41" 001 104 OK HUB OF TAW UM GALLEY A Good Place to Live CITY OF ME-R-111DIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX 0208) 8874813 Public Works/Building Department (208) 887-2211 Motor Vchictc/Drivers License (208) 888.4443 ROBERT D. CORRIE Mayor James L. Paul Paul Construction P.O. Box 1117 Meridian, ID 83680 (208) 466-2953 Re: Gregory Subdivision Lift Station Bid Dear Mr. Paul COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY As per your request, the City Council will have a hearing concerning the rejection of your bid for the Gregory Subdivision Lift Station. The hearing will be at the regularly scheduled City Council Meeting on Tuesday, March 19,1996 at 7:30 PM in the Council Chambers at Meridian City Hall, 33 E. Idaho Ave, If you have any questions concerning this issue, please contact me or our City Attorney Wayne Crookston. Sincerely ,J� C-- William ~William G. Berg, Jr. City Clerk Meridian City Council March 19, 1996 Page 74 Crookston: It certainly is. Morrow: Mr. Mayor, I would move that we revoke the Finch Creek Non -Development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that Finch Creek Subdivision No. 2 that we hereby revoke the non -development agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: HEARING REQUESTED BY PAUL CONSTRUCTION REGARDING GREGORY LIFT STATION BID: Corrie: Counselor is there swearing in since this is a hearing? Crookston: Yes there is. Peggy Paul, 16429 McDermott Road, Nampa, was sworn by the City Attorney. Paul: This is about the lift station, it was brought up at the bid opening for the Gregory Subdivision lift station project that the City officials did not recognize who Paul Construction was. We have been continually licensed by the State Public Works Board since 1978. Every bidding contractor may not be known by all officials, there are several contractors who are qualified but do not bid all public entity projects. In order to be a contractor in the State of Idaho with a publics works license your record of projects are constantly updating on a yearly basis. If the board does not feel that you meet these qualification areas your license covers you will not have your license renewed. In order to bid on public entity projects you are required to have a surety company backing you with a bid bond and performance bond. If the bonding company does not feel that you are capable in the capacity of experience but also financially then you cannot get the bonding. The bond qualifies you at that time. We have never been questioned as to our qualification in 18 years and being licensed in Idaho, Oregon, Washington and California. It was brought up to us after the bid opening that the City of Meridian as to be conscious in awarding the contract if the unsuccessful bidders have doubts as the qualification of the low bidders. The other bidders did know us they have worked in conjunction with us in the past and have no doubt as to our capability and performance. We are not new to the area and feel we have been unjustifiably discredited. If our low responsive bid is not awarded then it will cost the City of Meridian $3300 to give it to the next bidder if not more. Our bid Meridian City Council March 19, 1996 Page 75 is backed by United Reliance Surety Company and they have no doubt that we can do the work for the lift station. We submitted the form with projects given to Gary Smith the day after the bid at that time we did not feel like there was going to be any problem with the bid. If you wanted additional information we would have gladly given it to you. We are qualified to do the lift station. That is our case. Corrie: Gary any comments? Counselor? Crookston: I think it is appropriate that I address the Council on this. In the bid contract document it states that on page 1 under invitation to bid states the owner will conduct such an investigation as is necessary to determine the performance record and ability of the apparent low bidder to perform the work specified under this contract. It further states the owner reserves the right to reject all bids or any bid not conforming to the intent of the contract documents. Under instructions to bidders it states in 1 B, separate sections contained within these contract documents Itheonst uctionand comp etionof the ncmutually cooperative to provide all details reasonably required for proposed project. It further states that should there be any doubt as to the meaning or intent of said contract documents the bidder should request of the engineer in writing an interpretation thereof. And further under qualification of bidders which is in 3, states that to demonstrate qualifications to perform the work each bidder must submit such data as called for in the bid proposal. Each bid must contain evidence of bidders qualification to do business in the state where the project is located. (End of Tape) The bidder shall have at least five years experience in the installation of sewage pumps and associated piping and shall have completed at least five municipal installation projects. Under C it states that the bidder shall complete and submit the following bids with the bid. It says bid security which was submitted says construction qualification submittal form which is addressed later on, on page 4 under 11 it states award of contract in this second paragraph it says the owner reserves the right to accept or reject any or all bids and to waive any informalities and irregularities in said bids. It goes on in 12 basis of awards, the award shall be made by the owner on the basis of that bid from the lowest responsible bidder which in the owner's sole and absolute judgement best serve the interest of the owner. All bids will be considered on the following basis. A, conformance with the contract documents, B, conformance with required qualifications as requested on contractors qualification submittal form, C, construction time, D, bid price, E, suitability to project requirements. It goes on and says the owner reserves the right to reject all bids or any bid not in conformance with the intent of the contract document and to waive any informalities and irregularities of the bids. On the, it is in the contract document, under bid, under submittal material, it states contractors bidding this project as specified here in shall submit the following information with their bids. Number two is completed contractor qualifications submittal form the contract construction qualification submittal form is in the contract, this is a copy of the document. It requires the bidder to submit five projects under Meridian City Council March 19, 1996 Page 76 which he has performed the work. That is the basis upon which the engineers determined whether or not the bidder is qualified, the project submitted with Paul Construction on their bid lists a job at from the City of (inaudible) Washington, states that the name of the project is Water improvement and project. Under the second project submitted it location Chinden Blvd. Boise, Idaho, size of project $323,000, it says name of project Fred Meyer Shopping Center. The third project listed by Paul Construction was the City of Rigby, reconstruction of main line water. The fourth one is listed as Ada County Highway District, location is Overland Road, name of the project is Bridge reconstruction: I can't read the, the fifth one is City of Boise, name of project it says CSP -332 Paul: City sewer project. Crookston: Sewer rehab line replacement and I don't know what those initials, what are those initials next to it and then it says replacement? Paul: Probably the replacement of sewer line, I don't know it is not in front of me. Crookston: The bids were reviewed by Gary Smith, he determined that, excuse me I am looking for a document here, what I am looking for Gary is a copy of your letter that you submitted to me, do you have that with you by chance? (Inaudible) Crookston: What I am looking for when you called the City of Moscow. (Inaudible) Crookston: On Gary Smith's report as to looking into the projects that had been submitted as to show the qualifications of all of the construction, Gary Smith's states (inaudible) regarding the City of (inaudible) Washington the comment was, stated by Dick Wyatt, he says did a good job, gave a good reference. That was for a water improvement project, for the Fred Meyer job in Portland, excuse me location Chinden Blvd, Boise, Idaho, name of project Shipping Center, the comment was no longer doing Fred Meyer references, hasn't heard of Paul Construction. On the third one for the City of Rigby, it was a discussion with John (inaudible) says 10 to 12 years ago, no problems that they can remember. Paul: May I make a comment please therefore maybe you don't have to go into. Crookston: Let me just finish these comments here. Ada County Highway District, they stated cannot recall Paul Construction and City of Boise said, City sewer project rehab line replacement, they state can't recall any red flags, account done, no memorable problems, Meridian City Council March 19, 1996 Page 77 2 to 4 years ago. He says haven't heard of him lately. Those are the comments that were achieved from contacting the project jobs that were listed by Paul Construction on their list of qualifications and projects that they had done. Gary, from the comment that you and your office had you made a decision on the qualifications that were shown by Paul Construction on their bid documents, on their construction qualifications? Smith: Mayor and Council, when I brought the bid results to the Council I can't remember what night it was the 5th I guess, I believe it was the 5th my comments to the Council were that the reference that Paul Construction had provided did not provide the experience that was requested. I was looking for your comments as far as what I had been provided and the information that I had been able to find out in making phone calls to the references that were provided. Mrs. Paul was right when we opened the bid Friday on the 1 st of March I did not know who Paul Construction was. 1 had not heard their name before, but that had no effect on it, the only thing I had to go by was what was submitted in the bid and that is what we tried to check out. Paul: May I say something now, when you are a contractor in Idaho as read to you, you have to turn out a bid on a public entity project whether it be a water project, sewer project as long as it is publicly funded you have to have a public works license. Which means you have to go before the board and you have to get your license reinstated on a yearly basis and they check your work record, they make sure that you have done these project and you are capable. You cannot get a license for carpentry if you are a sewer contractor because they are going to check your experience. A public works license shows that you are qualified to do the categories that you are licensed in. A bid bond and a performance bond by a surety company guarantees that that contractor is capable and has the experience financially and qualified in their line of work to fulfill that projects needs. Why is it that this is the very first time that we have done projects. I will be honest, I messed up because when I had those qualification sheets handed to me by Jim Paul the other owner of the company I just wrote down the past good sized five projects that we completed in the past. I did not at that time realize that he was handing me one for a lift station which we both messed up on that. We have done numerous lift stations not only in Idaho but in California and failed to put our California experience. I have my reasons for that which Mr. Morrow and I discussed and I made the mistake of not putting them down but we have done numerous lift stations. And believe me if you can do a lift station in California you can do a lift station in Meridian, Idaho. We have done a lot of work in Meridian. The name of the company used to be Jim Paul Backhoe Service, so if you called the City of Rigby and they said they didn't know us it is because we were going under Jim Paul Backhoe Service at that time. The City sewer project, a lot of the City people aren't still around at that time. The same as when we did some bid work, I am sure that Mayor Corrie wasn't in at that time because Mayor Storey and Gary Smith wasn't in his position. It is not like we are not a qualified contractor. The thing is it is a project that instead of it being just constantly Meridian City Council March 19, 1996 Page 78 battle back and forth it is contract that you just get an award and get it done and then it can all be over and said and done. Our bonding company has no problem with it they know we are qualified to do it otherwise they wouldn't have given us this bond to even bid it. Unidentified Speaker: (Inaudible) Don't matter whether the God Damn City Engineer knows you or not, you are qualified. To get an Idaho license you have a bonding company behind you. This is bullshit, all it is is bullshit political shit, is all it is. Corrie: Let's keep the Paul: You will have to give our estimator because he is the one that worked for the City of Moscow and if you asked the City of Moscow for Paul Construction qualifications, jim gave to Gary on the lift station for Moscow was when Rick was working for Don (inaudible) so he does have the experience. We feel like we should be given the job. Corrie: Just a minute, if you want to say anything else you had better say it up here and not back there or I will take you out of here. Thank you. Paul: Anyway that is what we have to say. Corrie: Anybody from the Council have any questions? Paul: I am sorry about the Jim Paul: I gave Gary a couple of projects that I had personally been involved with. One was the Harmony School project down just outside Santa Rosa, California. And what we did there was put a lift station in for a new school that they were building. It went into a collection system and we pumped it on top of a couple of mountains that were on both sides of the school down there and mounted to several thousand feet of pressure line plus the lift stations, septic systems and leech fields on top of the mountain. I also gave him the name of an architect and a phone number for him to get in contact with this architect down there. I also explained to him that my estimator and foreman was involved with this Hope Arms apartment as far as the lift station down there, he got involved with it. He did that, Peggy told you about that City of Moscow project. That Moscow project was almost identical to the type lift station you are asking to get installed here. So I really feel like we have the qualifications, I think that if we were given an opportunity at the last meeting with the City Council that we could have probably came up here and explained everything to you and tried to defend ourselves at that point. But I was not aware of the City Council meeting, maybe that was our fault we were not aware of it. If we had been aware of it we would have come down at that time and discussed it then. I guess that is all I have to say. Meridian City Council March 19, 1996 Page 79 Crookston: This has not been on the agenda for the City states ll until in the tonight. i ould just reference to the Council that I have already stated , ions to bidders it says that the separate sections contained within these contract documents are intended to be mutually cooperative and to provide all You'ls have to look) at thered for engineer s construction and completion of the proposed pro'ect have to look at everything in there and they are intended tbe r That ismentsallI can represenat lt to the whole project and give an accurate picture of the bidde the Council is that is what is done. From what in my estimation nnda'sas to hprovided on the contract documents there may not have b probably was no information for the engineer to make a decision. Let me ask you one question, what you referenced Mr. Paul, when did you deliver those to Gary? Paul: Two days after it was bid, it was the day that Gary called me. Smith: The day of the Council meeting. Crookston: So it was not in the contract? Paul: No, what we tried to do with the jobs that we listed was to give you a broad base of the type of work that we are involved with. We did not get specific and that was probably our fault we did not get specific at that time. Crookston: Thank you Paul: But I think by explaining to you the type of work we have been involved with, the type of work that we did, I can give you more references f you wanted it, I tried to give you an example of everything we have been involved Crookston: I can understand that, the problem is that the engineers to v so compare bid to bid and can't rely on submittals that are after the brequired Paul: Did Gary make a recommendation on what to do with this? Crookston: He had a letter, I will just read it for the record, with the bid amounts it lists our bid Paul Construction $29,300, the next low bidder was Bitterroot Construction, , 600 so there is a $3300 difference. It says Paul Construction was a contractor in the Meridian area from 1972 to 1978 according to the owner Mr. Jim Paul. In 1987 he left this are because of a work slow down and went to work for a large general contractor in Santa Rosa, California area. According to Mr. Paul, he became to get back he needed to do with the general contractor and came back to the Meridian into sewer and water line work. Mr. Paul doesn't have much experience in lift station Meridian City Council March 19, 1996 Page 80 construction. The bid documents requested that he have at least 5 years experience in the installation of sewage pumps and associated piping and shall have completed at least five municipal installation projects. The references he has submitted do not provide this kind of experience. His proposed project superintendent reportedly was involved in the installation of a lift station in Moscow, Idaho. I was not able to contact anyone in Moscow. to substantiate this. The difference between the low and second low bidder is $3300. The second low bidder is well known in the Meridian area for their quality of work and provided some references of lift.station projects they have done. The project is or can be a difficult one because of the limited space in which to work. I would appreciate your thoughts on the award of this bid. This is to the Council. I think that we need to reference what is stated on the low bidders construction of qualifications submittal form it talks, the first one says lift station #2 rehabilitation project, at Nampa Idaho. The second one is for owner of Boise City location Kathryn Albertson Park, name of project sewer lift station. The third one is Payette Lakes water, excuse me the owner is Payette Lakes water and sewer district. The name of the project is Payette Lake sewer collection system. The fourth project owner is Shopko Distribution center, name of project is pressure sewer system. The fifth project is Seventh Day Adventist Church and school and the project is pressure sewer system. Those are projects that are dealing with pressure systems. On here it also says has installed municipal sewage pump stations in the following other cities in years 1978 though 1985, Klammath Falls, Eugene, Oregon, McCall, Idaho. Peggy Paul: Like I stated a while ago I made the mistake of not listing our sewage projects and to correct something that you said Gary, Jim was only employed with the general contractor in California from 1987 to 1988 and he got his California License in 1988 and he was doing numerous sewage and treatment plants in California from 1988 to 1995. So we will have to correct that I am sorry that was a misunderstanding on your part there. But we just felt like we needed to state our case and when obviously there will be a few other lift station projects coming up in Meridian, if you look at the program tonight as many subdivisions and everything else that seem to be coming out and around here that we will have our qualification sheet completely filled out for you at that time and you can check all the references and you will find out that Paul Construction if very reputable and we do have the capabilities. We always have had. Jim Paul: With that conversation that I had with Gary I did explain to him that I did go to work for a general contractor down there in 1987 but I did break away and pick my public works license up down there and did projects in the State of California. One thing he did say to me which I am kind of surprised that he told me he did not make any recommendations to the City Council as far as this bid goes. I think this letter here that I wished I would have had a copy of kind of rebuttals that. Crookston: This is not a recommendation. Meridian City Council March 19, 1996 Page 81 Paul: Well it sounds like a recommendation to me. Morrow: Mr. Mayor, if I might I want to address two issues here. One is that (inaudible) and so I am familiar with her families background in construction and so on and so forth. I think the issue here boils down to is that in the construction business and particularly within the governmental sector the contract documents are designed to be blind. What that means very simply is that you fill out the forms you follow the instructions, there is a bid opening with all of those documents there so that the governmental entity that is taking the bid can be blind and based on those documents make a decision. I'have told my own superintendent and I have talked with Peggy concerning this that if I was making that decision based on a submittal that my superintendent had made I would still declare it non- responsive and I would declare it non-responsive because the bid instructions were not followed. The difference between public work and private work is that on a private work bid we can talk about qualifications after the fact or during the bid and say okay fine we need to do that. In public work we can't do that. At the moment in time that the bid submittal was required that was the picture that was taken, that was the instructions that were given and so everybody that wishes to bid whether it is two people or 20 people all of those and if all things are equal then it is a question of price and only price because that is the requirement of governmental bidding. Rick is wrong, his behavior is out of order for one thing, his method is wrong also because there is nothing political about it. It is the method that is required by State code ordinances, city codes and ordinances. So what Mr. Smith did in terms of assembling the package was done properly, what the bidders did with the exception of this and I have made those mistakes myself and not completely read or understood the instructions, given the wrong information and that is what happens. Unfortunately with governmental stuff that is the way it has to be. So, I am sympathetic to the problem, I understand the qualifications are more than there, I know all of that. But the issue still boils down to be when the picture was taken the instructions weren't followed. Paul: Our main thing Walt was to come in here and meet with everybody and say we have been around, we have been in the construction industry for 20 years we can do this stuff. We have already admitted to you that we didn't fill the form out properly and I think that is the main issue here is to come in here and say hey look if we get a chance where we are a low bidder with the City of Meridian again then we want to get a chance to come in here to talk about it and discuss it. I didn't think we got this last meeting here with this bid got rejected or awarded to the other contractor I don't think we had a chance to voice ourselves at that point. That was the reason for us to come in here now. Morrow: I don't' have any problem with that, from my perspective I am glad you came I also have to say is this doesn't in my mind or I am sure speaking for the other Council and Mayor, Public Works Department doesn't prejudice anything. It is simply one of the deals Meridian City Council March 19, 1996 Page 82 for coming forward and wanting to discuss it. It is, that happens. I admire you and Peggy to do a fair deal. You are right there are a bunch of projects coming up bid them all. Paul: We are going to be around, planning to stay around (inaudible). ndht is City hatof we w nCi y of get known back in with the City Council. We ar Caldwell and the City of Boise, we are just trying to (inaudible). Corrie: And I think we understand that and I appreciate your comingrandI thin I don't k you have established yourself. Just fill them out and right and you won't haves problem think. ITEM #23: DEPARTMENT REPORTS: Corrie: Mr. Smith, City Engineer, water meter fees. Smith: Mr. Mayor and Council members I think you have afees for quite some copy of a emo and to that transmittal sheet. We haven't changed our water mete I am not sure how the fee structure was ever established So I was, by this ning. We haven't been able to resurrect a resolution and it is not part of the ordinance. memorandum, requesting that the City Attorney be allowedresolution left handts'de of would establish a fee schedule for water meters. The size of the meters on thenil the page the existing meter charge is adjacent to that Idenext column is what we call us to read the meter without a remote meter cost. Now the remote meter cost.wi allow t lid taking the top off the meter pit. There would be a little sensor in the realid, ding from themeter meter and this would be touched by a wand that would extract the electronically. There wouldn't be any necessity to open the meter pit. We started to use these on the bigger meters because the manhole lids are regular, the meter lids are regular manhole lids and they are difficult to remove and replace. That re mote meter cost is what the cost would be to the City of Meridian. The user m 9 h is proposed is what we would charge the user. The only otherthing and would the United Wate�t 3nlocal eter reading device is being used by Garden City, Caldwell entities that are beginning to use the remotes. Morrow: Are you suggesting that I guess in the bigger picture here we are looking at doing the water and sewer hook ups and fees are you suggesting that this be done independently or in conjunction with the resolution that adjusts those (inaudible)? Smith: I don't recall, I know that the connection fees are done by ordinance, I don't know about the user fees whether that was an ordinance or a resolution can't (Inaudible) Meridian City Council March 19, 1996 Page 74 Crookston: It certainly is. Morrow: Mr. Mayor, I would move that we revoke the Finch Creek Non -Development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that Finch Creek Subdivision No. 2 that we hereby revoke the non -development agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: HEARING REQUESTED BY PAUL CONSTRUCTION REGARDING GREGORY LIFT STATION BID: Corrie: Counselor is there swearing in since this is a hearing? Crookston: Yes there is. Peggy Paul, 16429 McDermott Road, Nampa, was sworn by the City Attorney, Paul: This is about the lift station, it was brought up at the bid opening for the Gregory Subdivision lift station project that the City officials did not recognize who Paul Construction was. We have been continually licensed by the State Public Works Board since 1978. Every bidding contractor may not be known by all officials, there are several contractors who are qualified but do not bid all public entity projects. In order to be a contractor in the State of Idaho with a publics works license your record of projects are constantly updating on a yearly basis. If the board does not feel that you meet these qualification areas your license covers you will not have your license renewed. In order to bid on public entity projects you are required to have a surety company backing you with a bid bond and performance bond. If the bonding company does not feel that you are capable in the capacity of experience but also financially then you cannot get the bonding. The bond qualifies you at that time. We have never been questioned as to our qualification in 18 years and being licensed in Idaho, Oregon, Washington and California. It was brought up to us after the bid opening that the City of Meridian as to be conscious in awarding the contract if the unsuccessful bidders have doubts as the qualification of the low bidders. The other bidders did know us they have worked in conjunction with us in the past and have no doubt as to our capability and performance. We are not new to the area and feel we have been unjustifiably discredited. If our low responsive bid is not awarded then it will cost the City of Meridian $3300 to give it to the next bidder if not more. Our bid Meridian City Council March 19, 1996 Page 75 is backed by United Reliance Surety Company and they have no doubt that we can do the work for the lift station. We submitted the form with projects given to Gary Smith the day after the bid at that time we did not feel like there was going to be any problem with the bid. If you wanted additional information we would have gladly given it to you. We are qualified to do the lift station. That is our case. Corrie: Gary any comments? Counselor? Crookston: I think it is appropriate that l address the Council on this. In the bid contract document it states that on page 1 under invitation to bid states the owner will conduct such an investigation as is necessary to determine the performance record and ability of the apparent low bidder to perform the work specified under this contract. It further states the owner reserves the right to reject all bids or any bid not conforming to the intent of the contract documents. Under instructions to bidders it states in 1 B, separate sections contained within these contract documents are intended to be mutually cooperative and to provide all details reasonably required for the construction and completion of the proposed project. It further states that should there be any doubt as to the meaning or intent of said contract documents the bidder should request of the engineer in writing an interpretation thereof. And further under qualification of bidders which is in 3, states that to demonstrate qualifications to perform the work each bidder must submit such data as called for in the bid proposal. Each bid must contain evidence of bidders qualification to do business in the state where the project is located. (End of Tape) The bidder shall have at least five years experience in the installation of sewage pumps and associated piping and shall have completed at least five municipal installation projects. Under C it states that the bidder shall complete and submit the following bids with the bid. It says bid security which was submitted says construction qualification submittal form which is addressed later on, on page 4 under 11 it states award of contract in this second paragraph it says the owner reserves the right to accept or reject any or all bids and to waive any informalities and irregularities in said bids. It goes on in 12 basis of awards, the award shall be made by the owner on the basis of that bid from the lowest responsible bidder which in the owner's sole and absolute judgement best serve the interest of the owner. All bids will be considered on the following basis. A, conformance with the contract documents, B, conformance with required qualifications as requested on contractors qualification submittal form, C, construction time, D, bid price, E, suitability to project requirements. It goes on and says the owner reserves the right to reject all bids or any bid not in conformance with the intent of the contract document and to waive any informalities and irregularities of the bids. On the, it is in the contract document, under bid, under submittal material, it states contractors bidding this project as specified here in shall submit the following information with their bids. Number two is completed contractor qualifications submittal form the contract construction qualification submittal form is in the contract, this is a copy of the document. It requires the bidder to submit five projects under Meridian City Council March 19, 1996 Page 76 which he has performed the work. That is the basis upon which the engineers determined. whether or not the bidder is qualified, the project submitted with Paul Construction on their bid lists a job at from the City of (inaudible) Washington; states that the name of the project is Water improvement and project. Under the second project submitted it location Chinden Blvd. Boise, Idaho, size of project $323,000, it says name of project Fred Meyer Shopping Center. The third project listed by Paul Construction was the City of Rigby, reconstruction of main line water. The fourth one is listed as. Ada County Highway District, location is Overland Road, name of the project is Bridge reconstruction. I can't read the, the fifth one is City of Boise, name of project it says CSP -332 Paul: City sewer project. Crookston: Sewer rehab line replacement and I don't know what those initials, what are those initials next to it and then it says replacement? Paul: Probably the replacement of sewer line, I.don't know it is not in front of me. Crookston: The bids were reviewed by Gary Smith, he determined that, excuse me I am looking for a document here, what I am looking for Gary is a copy of your letter that you submitted to me, do you have that with you by chance? (Inaudible) Crookston: What I am looking for when you called the City of Moscow. (Inaudible) Crookston: On Gary Smith's report as to looking into the projects that had been submitted as to show the qualifications of all of the construction, Gary Smith's states (inaudible) regarding the City of (inaudible) Washington the comment was, stated by Dick Wyatt, he says did a good job, gave a good reference. That was for a water improvement project, for the Fred Meyer job in Portland, excuse me location Chinden Blvd, Boise, Idaho, name of project Shipping Center, the comment was no longer doing Fred Meyer references, hasn't heard of Paul Construction. On the third one for the City of Rigby, it was a discussion with John (inaudible) says 10 to 12 years ago, no problems that they can remember. Paul: May I make a comment please therefore maybe you don't have to go into. Crookston: Let me just finish these comments here. Ada County Highway District, they stated cannot recall Paul Construction and City of Boise said, City sewer project rehab line replacement, they state can't recall any red flags, account done, no memorable problems, Meridian City Council March 19, 1996 Page 77 2 to 4 years ago. He says haven't heard of him lately. Those are the comments that were achieved from contacting the project jobs that were listed by Paul Construction on their list of qualifications and projects that they had done. Gary, from the comment that you and your office had you made a decision on the qualifications that were shown by Paul Construction on their bid documents, on their construction qualifications? Smith: Mayor and Council, when I brought the bid results to the Council I can't remember what night it was the 5th I guess, I believe it was the 5th my comments to the Council were that the reference that Paul Construction had provided did not provide the experience that was requested. I was looking for your comments as far as what I had been provided and the information that I had been able to find out in making phone calls to the references that were provided. Mrs. Paul was right when. we opened the bid Friday on the 1 st of March did not know who Paul Construction was. I had not heard their name before, but that had no effect on it, the only thing I had to go by was what was submitted in the bid and that is what we tried to check out. Paul: May I say something now, when you are a contractor in Idaho as read to you, you have to turn out a bid on a public entity project whether it be a water project, sewer project as long as it is publicly funded you have to have a public works license. Which means you have to go before the board and you have to get your license reinstated on a yearly basis and they check your work record, they make sure that you have done these project and you are capable. You cannot get a license for carpentry if you are a sewer contractor because they are going to check your experience. A public works license shows that you are qualified to do the categories that you are licensed in. A bid bond and a performance bond by a surety company guarantees that that contractor is capable and has the experience financially and qualified in their line of work to fulfill that projects needs. Why is it that this is the very first time that we have done projects. I will be honest, I messed up because when I had those qualification sheets handed to me by Jim Paul the other owner of the company I just wrote down the past good sized five projects that we completed in the past. I did not at that time realize that he was handing me one for a lift station which we both messed up on that. We have done numerous lift stations not only in Idaho but in California and failed to put our California experience. I have my reasons for that which Mr. Morrow and I discussed and I made the mistake of not putting them down but we have done numerous lift stations. And believe me if you can do a lift station in California you can do a lift station in Meridian, Idaho. We have done a lot of work in Meridian. The name of the company used to be Jim Paul Backhoe Service, so if you called the City of Rigby and they said they didn't know us it is because we were going under Jim Paul Backhoe Service at that time. The City sewer project, a lot of the City people aren't still around at that time. The same as when we did some bid work, I am sure that Mayor Corrie wasn't in at that time because Mayor Storey and Gary Smith wasn't in his position. It is not like we are not a qualified contractor. The thing is it is a project that instead of it being just constantly Meridian City Council March 19, 1996 Page 78 battle back and forth it is contract that you just get an award and get it done and then it can all be over and said and done. Our bonding company has no problem with it they know we are qualified to do it otherwise they wouldn't have given us this bond to even bid it. Unidentified Speaker: (Inaudible) Don't- matter whether the God Damn City Engineer knows you or not, you are qualified. To get an Idaho license you have a bonding company behind you. This is bullshit, all it is is bullshit political shit, is all it is. Corrie: Let's keep the Paul: You will have to give our estimator because he is the one that worked for the City of Moscow and if you asked the City of Moscow for Paul Construction qualifications, jim gave to Gary on the lift station for Moscow was when Rick was working for Don (inaudible) so he does have the experience. We feel like we should be given the job. Corrie: Just a minute, if you want to say anything else you had better say it up here and not back there or I will take you out of here. Thank you. Paul: Anyway that is what we have to say. Corrie: Anybody from the Council have any questions? Paul: I am sorry about the Jim Paul: I gave Gary a couple of projects that I had personally been involved with. One was the Harmony School project down just outside Santa Rosa, California. And what we did there was put a lift station in for a new school that they were building. It went into a collection system and we pumped it on top of a couple of mountains that were on both sides of the school down there and mounted to several thousand feet of pressure line plus the lift stations, septic systems and leech fields on top of the mountain. I also gave him the name of an architect and a phone number for him to get in contact with this architect down there. I also explained to him that my estimator and foreman was involved with this Hope Arms apartment as far as the lift station down there, he got involved with it. He did that, Peggy told you about that City of Moscow project. That Moscow project was almost identical to the type lift station you are asking to get installed here. So I really feel like we have the qualifications, I think that if we were given an opportunity at the last meeting with the City Council that we could have probably came up here and explained everything to you and tried to defend ourselves at that point. But I was not aware of the City Council meeting, maybe that was our fault we were not aware of it. If we had been aware of it we would have come down at that time and discussed it then. I guess that is all I have to say. Meridian City Council March 19, 1996 Page 79 Crookston: This has not been on the agenda for the City Council until tonight. I would just reference to the Council that I have already stated it, it states in the contract instructions to bidders it says that the separate sections contained within these contract documents are intended to be mutually cooperative and to provide all details reasonably required for the construction and completion of the proposed project. You have to look at, the engineers have to look at everything in there and they are intended to be documents that complete the whole project and give an accurate picture of the bidder. That is all I can represent to the Council is that is what is done. From what in my estimation is as to what was provided on the contract documents there may not have been and probably was not enough information for the engineer to make a decision. Let me ask you one question, what you referenced Mr. Paul, when did you deliver those to Gary? Paul: Two days after it was bid, it was the day that Gary called me Smith: The day of the Council meeting. Crookston: So it was not in the contract? Paul: No, what we tried to do with the jobs that we listed was to give you a broad base of the type of work that we are involved with. We did not get specific and that was probably our fault we did not get specific at that time. Crookston: Thank you Paul: But I think by explaining to you the type of work we have been involved with, the type of work that we did, I can give you more references if you wanted it, I tried to give you an example of everything we have been involved with. Crookston: I can understand that, the problem is that the engineers have to compare bid to bid and can't rely on submittals that are after the bid is required to be submitted. Paul: Did Gary make a recommendation on what to do with this? Crookston: He had a letter, I will just read it for the record, with the bid amounts it lists your bid Paul Construction $29,300, the next low bidder was Bitterroot Construction, $32,600 so there is a $3300 difference. It says Paul Construction was a contractor in the Meridian area from 1972 to 1978 according to the owner Mr. Jim Paul. In 1987 he left this are because of a work slow down and went to work for a large general contractor in Santa Rosa, California area. According to Mr. Paul, he became disenchanted with the travelling he needed to do with the generalcontractor and came back to the Meridian to get back into sewer and water line work. Mr. Paul doesn't have much experience in lift station Meridian City Council March 19, 1996 Page 80 construction. The bid documents requested that he have at least 5 years experience in the installation of sewage pumps and associated piping and shall have completed at least five municipal installation projects. The references he has submitted do not provide this kind of experience. His proposed project superintendent reportedly was involved in the installation of a lift station in Moscow, Idaho. I was not able to contact anyone in Moscow to substantiate this. The difference between the low and second low bidder is $3300. The second low bidder is well known in the Meridian area for their quality of work and provided some references of lift station projects they have done. The project is or can be a difficult one because of the limited space in which to work. I would appreciate your thoughts on the award of this bid. This is to the Council. I think that we need to reference what is stated on the low bidders construction of qualifications submittal form it talks, the first one says lift station #2 rehabilitation project, at Nampa Idaho. The second one is for owner of Boise City location Kathryn Albertson Park, name of project sewer lift station. The third one is Payette Lakes water, excuse me the owner is Payette Lakes water and sewer district. The name of the project is Payette Lake sewer collection system. The fourth project owner is Shopko Distribution center, name of project is pressure sewer system. The fifth project is Seventh Day Adventist Church and school and the project is pressure sewer system. Those are projects that are dealing with pressure systems. On here it also says has installed municipal sewage pump stations in the following other cities in years 1978 though 1985, Klammath Falls, Eugene, Oregon, McCall, Idaho. Peggy Paul: Like I stated a while ago I made the mistake of not listing our sewage projects and to correct something that you said Gary, Jim was only employed with the general contractor in California from 1987 to 1988 and he got his California License in 1988 and he was doing numerous sewage and treatment plants in California from 1988 to 1995. So we will have to correct that I am sorry that was a misunderstanding on your part there. But we just felt like we needed to state our case and when obviously there will be a few other lift station projects coming up in Meridian, if you look at the program tonight as many subdivisions and everything else that seem to be coming out and around here that we will have our qualification sheet completely filled out for you at that time and you can check all the references and you will find out that Paul Construction if very reputable and we do have the capabilities. We always have had. Jim Paul: With that conversation that I had with Gary I did explain to him that I did go to work for a general contractor down there in 1987 but I did break away and pick my public works license up down there and did projects in the State of California. One thing he did say to me which I am kind of surprised that he told me he did not make any recommendations to the City Council as far as this bid goes. I think this letter here that wished I would have had a copy of kind of rebuttals that. Crookston: This is not a recommendation. Meridian City Council March 19, 1996 Page 81 Paul: Well it sounds like a recommendation to me. Morrow: Mr. Mayor, if I might I want to address two issues here. One is that (inaudible) and so I am familiar with her families background in construction and so on, and so forth. I think the issue here boils down to is that in the construction business and particularly within the governmental sector the contract documents are designed to be blind. What that means very simply is that you fill out the forms you follow the instructions, there is a bid opening with all of those documents there so that the governmental entity that is taking the bid can be blind and based on those documents make a decision. I have told my own superintendent and I have, talked with Peggy concerning this that if I was making that decision based on a submittal that my superintendent had made I would still declare it non- responsive and I would declare it non-responsive because the bid instructions were not followed. The difference between public work and private work is that on a private work bid we can talk about qualifications after the fact or during the bid and say okay fine we need to do that. In public work we can't do that. At the moment in time that the bid submittal was required that was the picture that was taken, that was the instructions that were given and so everybody that wishes to bid whether it is two people or 20 people all of those and if all things are equal then it is a question of price and only price because that is the requirement of governmental bidding. Rick is wrong, his behavior is out of order for one thing, his method is wrong also because there is nothing political about it. It is the method that is required by State code ordinances, city codes and ordinances. So what Mr. Smith did in terms of assembling the package was done properly, what the bidders did with the exception of this and I have made those mistakes myself and not completely read or understood the instructions, given the wrong information and that is what happens. Unfortunately with governmental stuff that is the way it has to be. So, I am sympathetic to the problem, I understand the qualifications are more than there, I know all of that. But the issue still boils down to be when the picture was taken the instructions weren't followed. Paul: Our main thing Walt was to come in here and meet with everybody and say we have been around, we have been in the construction industry for 20 years we can do this stuff. We have already admitted to you that we didn't fill the form out properly and I think that is the main issue here is to come in here and say hey look if we get a chance where we are a low bidder with the City of Meridian again then we want to get a chance to come in here to talk about it and discuss it. I didn't think we got this last meeting here with this bid got rejected or awarded to the other contractor I don't think we had a chance to voice ourselves at that point. That was the reason for us to come in here now. Morrow: I don't' have any problem with that, from my perspective I am glad you came I also have to say is this doesn't in my mind or I am sure speaking for the other Council and Mayor, Public Works Department doesn't prejudice anything. It is simply one of the deals Meridian City Council March 19, 1996 Page 82 that happens. I admire you and Peggy for coming forward and wanting to discuss it. It is a fair deal. You are right there are a bunch of projects coming up bid them all. Paul: We are going to be around, planning to stay around and that is what we want to do get known back in with the City Council. We are (inaudible) City of Nampa, City of Caldwell and the City of Boise, we are just trying to (inaudible). Corrie: And I think we understand that and I appreciate your coming here and I think you have established yourself. Just fill them out and right and you won't have a problem I don't think. ITEM #23: DEPARTMENT REPORTS: Corrie: Mr. Smith, City Engineer, water meter fees. Smith: Mr. Mayor and Council members I think you have a copy of a memo attached to that transmittal sheet. We haven't changed our water meter fees for quite some time and am not sure how the fee structure was ever established in the beginning. We haven't been able to resurrect a resolution and it is not part of the ordinance. So I was, by this memorandum, requesting that the City Attorney be allowed to draft a resolution that would establish a fee schedule for water meters. The size of the meters on the left hand side of the page the existing meter charge is adjacent to that and the next column is what we call a remote meter cost. Now the remote meter cost will allow us to read the meter without taking the top off the meter pit. There would be a little sensor in the lid, in the meter pit lid and this would be touched by a wand that would extract the reading from the meter electronically. There wouldn't be any necessity to open the meter pit. We started to use these on the bigger meters because the manhole lids are regular, the meter lids are regular manhole lids and they are difficult to remove and replace. That remote meter cost is what the cost would be to the City of Meridian. The user meter charge which is proposed is what we would charge the user. The only other thing I would say is this remote meter reading device is being used by Garden City, Caldwell and the United Water, 3 local entities that are beginning to use the remotes. Morrow: Are you suggesting that I guess in the bigger picture here we are looking at doing the water and sewer hook ups and fees are you suggesting that this be done independently or in conjunction with the resolution that adjusts those (inaudible)? Smith: I don't recall, I know that the connection fees are done by ordinance, I don't know about the user fees whether that was an ordinance or a resolution I can't recall. (Inaudible)