HomeMy WebLinkAboutWhite Drain Bid Award FindingsBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 4/30/02
IN THE MATTER OF
WHITE SEWER TRUNK
PROJECT
A hearing was held before the Mayor and the City Council of the City of Meridian on
April 30, 2002, at 6:30 p.m. in the Meridian City Council chambers at Meridian City Hall, 33
East Idaho Avenue, Meridian, Idaho. Present were: Mayor Robert D. Corrie, and Council
members Keith Bird, Tammy de Weerd, Cherie McCandless and Wm. L. M. Nary. Two of the
bidders on the project were present by counsel, Thueson Construction, Inc., appearing through its
attorney, Kim J. Trout, and Sommer Construction, Inc., appearing through its attorney, Jeff
Sykes.
Tendered and accepted into the record at the hearing were exhibits numbers 1 through 17,
which were received without objection.
The following witnesses testified at the hearing: Gary Smith, Meridian Public Works
Director; Brad Watson, Meridian City Engineer; Dorm Camahan, Keller Associates Consulting
Engineer; Kim J. Trout, attorney for Thueson Construction, Inc.; Dion Connell, shareholder and
officer in Thueson Construction, Inc. and Precision Pipeline Excavation, Inc.; Lance Thueson,
President of Thueson Construction, Inc.; Steve Sommer, President of Sommer Construction, Inc.;
and Ramon Yorgason, President of Capital Development Corporation, Inc.
The Mayor and City Council having reviewed all of the exhibits, having heard the
testimony, and the arguments of counsel, and being fully advised in the premises, make the
following Findings of Fact:
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON
WHITE SEWER TRUNK PROJECT
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11. Lance Thueson is a majority shareholder in Thueson Construction, Inc. and
Precision Pipeline Excavation, Inc.
12. Thueson Construction, Inc. listed the Precision Pipeline Excavation, Inc. projects
as references because Thueson Construction, Inc. intended to use Precision Pipeline personnel on
the Thueson Construction, Inc. payroll, and rent Precision Pipeline equipment for use on the
project.
13. Thueson Construction, Inc. has a Class "AA" Public Works Contractors License,
which license is sufficient for the White Sewer Tnmk Project.
14. Precision Pipeline Excavation, Inc. has a Class "C" Public Works Contractors
License, which authorizes Precision Pipeline to work on Public Works jobs of up to $100,000.00.
15. Sommer Construction, Inc. protested the bid of Thueson Construction, Inc., and a
copy of that protest letter was accepted into the record as Exhibit "4".
16. Section 14.2 of the Instruction To Bidders for the White Sewer Trunk Project
reads as follows:
"OWNER reserves the fight to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work and to negotiate
contract terms with the Successful Bidder, and the fight to disregard all
nonconforming, non-responsive, unbalanced, or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum."
CONCLUSIONS OF LAW
The Meridian City Council hereby makes the following Conclusions of Law:
1. The lack of a corporate seal on the bid of Thueson Construction, Inc. was not a
material defect in the bid.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON
WHITE SEWER TRUNK PROJECT
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2. The lack of a notary acknowledgement on the bid bond was not a material defect
in the bid bond submitted by Thueson Construction, Inc.
3. The references listed in the bid by Thueson Construction, Inc., while not projects
completed by Thueson Construction, Inc., were relevent to the bid because Thueson
Constmction, Inc. intended to use the same personnel and equipment who had completed the
listed projects.
4. The irregularities or defects in the bid of Thueson Construction, Inc. did not affect
the validity of the bid.
5. The Thueson Construction, Inc. bid substantially conformed to the call for bids.
6. The irregularities in the bid of Thueson Construction, Inc. did not affect the
amount of the bid.
7. The irregularities in the bid of Thueson Construction, Inc. did not give Thueson
Construction, Inc. an advantage over any other bidder.
8. The City of Meridian, pursuant to the terms of the Instruction To Bidders, and
existing state law, has the discretion to waive defects in a bid which the Council deems
immaterial.
9. The applicable law governing the City's ability to award contracts is set forth at
Idaho Code 50-341.
10. It is in the best interest of the City of Meridian to accept the bid of Thueson
Construction, Inc. for the White Sewer Trunk Project.
DECISION AND ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the City of Meridian
hereby accepts the bid of Thueson Construction, Inc. dated February 25, 2002 in the amount of
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON
WHITE SEWER TRUNK PROJECT
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$994,060.10 for the White Sewer Trtmk Project, and hereby awards the contract to Thueson
Construction, Inc as set forth in its bid.
By action of the City Council at its special meeting held on the 30th day of April, 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED ~~
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
VOTED
COUNCILMAN WM. L.M. NARY
VOTED
MAYOR R~CORRIE (Tie Breaker) VOTED
Copy served upon Thueson Construction, Inc., Sommer Construction, Inc., Public Works
Department, and City Attorney.
Cit~Clerk t/ ff ~o~{~ ~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON
WHITE SEWER TRUNK PROJECT
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