09/28/1976 - Minutes Tigard Water District
1-76 Special Meeting
September 28, 1976
*our
PRESENT: Clarence F. Nicoli, Chairman
Hugh A. Brown, Secretary
Don W. Thomas
R. Verne Wheelwright
Robert E. Santee, Administrator
John P. Miller, Foreman
Kenneth W. Baines, Attorney
Edward Murphy, Jr. , Attorney
VISITORS: None.
The meeting was called to order by Chairman Nicoli at 7:40 p.m.
The Administrator reported to the Board on the progress of the
10-MG reservoir.
A long discussion ensued about the possibility of Arthur M.
""m" James, James Inc. , filing a lawsuit alleging that the bid specifi-
cations pertaining to the 10-MG reservoir were improper because
they required a particular product; namely, a particular design
and method of construction for a reservoir known as an Electro-
Servo Wire Wrapping System.
Motion was made by Hugh Brown and seconded by Don Thomas to
agree to proceed in the following manner:
1. That Max J. Dykmans, President of BBR Prestressed
Tanks, Inc. , be requested to execute as soon as possi-
ble the enclosed "Agreement to Defend" the Tigard Water
District in case of a lawsuit.
2. That Ken Baines contact the attorney for Richard L.
Martin (apparent low bidder) , explain the problems we
have encountered, and ask for his client 's written
agreement to extend acceptance of his bid for 60 days.
3. That Ken Baines and his associates, including the
attorney for Mr. Dykmans, proceed immediately to con-
tact the Oregon State Board as designated in ORS 279.017
with a full explanation of what and why we are attempting
to specify, pointing out that we have had a good range of
bidders, and that the design was available to any bidders
Nap, who chose to use it.
4. That if any of the items mentioned above, including
the opportunity to be heard before the State Board, can-
not be obtained within a 60 day period the Tigard Water
Page 1
Minutes (Continued)
September 28, 1976
*row Water District Board of Commissioners be notified
as promptly as possible so that another meeting
can be called to consider further action.
Motion carried. Hugh Brown: Aye, Don Thomas: Aye,
Verne Wheelwright: Nay.
Motion was made to adjourn at 9:42 p.m. Motion carried
unanimously.