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09/14/1976 - Minutes a 'dm Tigard Water District 9-76 Regular Meeting September 14, 1976 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 VISITORS: James L. Savage, Coopers & Lybrand (9 : 00 p.m. ) Thomas M. Satterlee, Foster & Marshall Inc. Contractors interested in bid opening: Thomas L. Henshaw (Henshaw Construction Co. ) James P. Dooney (Leonard Adams Insurance) Everett Finch (Copenhagen Construction Co. ) Tom Meyers (Copenhagen Construction Co. ) Harry Pajutee (North American Contractors) `I'' Richard Martin (Richard L. Martin, Inc. ) Rodney J. Castelda (ARCOMM Construction Co. ) Dan Kovtynovich (Kovtynovich, Inc. ) John Kovtynovich (Kovtynovich, Inc. ) Arthur M. James, P.E. The meeting was called to order by Chairman Nicoli at 7: 33 p.m. Motion was made and seconded to approve the minutes of the last meeting, as written. Motion carried unani- mously. The Administrator opened and read aloud the sealed bids of the following contractors for construction of the 10-MG reservoir, all of whom were prequalified: Richard L. Martin (Lake Oswego) $ 979 , 850 Thomas L. Henshaw (Eugene) 993 ,000 No. American Contractors (Portland) 1,107 ,000 ARCOMM Constr. Co. (Milwaukie, Or. ) 1, 110 , 526 Copenhagen Constr. Co. (Portland) 1, 121, 900 The Administrator estimated that the cost of the reservoir would be about 10 per gallon or $1,000 , 000 . (Estimated prior to bid-opening) Page 1 Tigard Water District Minutes (Continued) Noir The Administrator opened the envelope, but did not announce the bid submitted by Kovtynovich, Inc. , because the bid was not based upon the specifications, as prepared, but upon prestressing proposed by VSL Corporation and James, Inc. Mr. John Kovtynovich demanded that the bid proposal be read aloud. The following figures were then read by the Administrator: Kovtynovich, Inc. (Eugene) : VSL system-- $981, 200 James system-- 955, 200 Motion was made by Verne Wheelwright and seconded by Hugh Brown to award the contract to construct the 10- MG reservoir, after study by the Administrator and staff, to the apparent low bidder whose proposal was in accord- ance with the plans and specifications of the Tigard Water District. (Richard L. Martin) . Motion carried unanimously. Mr. Arthur James spoke on the merits of his system of prestressing. He stated that the office of the Attor- ney General of Oregon had informed him that bid-rigging or collusion to the exclusion of other qualified bidders whether it is done by a professional engineer or an em- ployee of a water district, directed toward a system with one contractor (including one system of prestressing) , is criminal. Mr. James stated that he was not making this charge, but that someone, whom he would not name, was investigating several similar cases . He mentioned that he had been collecting information about BBR and Max Dykmans for some time. He said that by passing up the James system, the Board of Commissioners was forcing taxpayers of the State of Oregon to pay extra money with- out making an adequate investigation of alternatives . The Administrator advised that there were three different companies capable of bidding on the BBR pre- stressing system: BBR Prestressed Tanks, Inc. (Max Dykmans) Preloading Prestressing, Inc. Crom Prestressing, Inc. Both John and Dan Kovtynovich commented about the undesirable feature of using taxpayer' s money for the construction of a tank with just one type of prestressing. Motion was made and seconded to pay the vouchers . Motion carried unanimously. Nifty Page 2 Tigard Water District Minutes (Continued) fir. Motion was made by Hugh Brown and seconded by Don Thomas to authorize and empower the Chairman and Treasurer to borrow funds up to $100 ,000 on a short-term basis for purposes of meeting current expenses until tax revenues are received. (See complete motion attached) . Motion carried unanimously. Motion was made by Verne Wheelwright and seconded by Don Thomas to adopt the resolution, as attached hereto, for the issuance of $1. 9 million in General Obligation bonds on November 9 , 1976. Motion carried unanimously. Motion was made by Verne Wheelwright and seconded by Don Thomas to approve the proposed contract to trans- fer the district' s rights to 2 , 500 acre-feet of water from Scoggin Dam to the City of Hillsboro, Utilities Commission, pursuant to an acceptable change in a con- dition of the contract imposed by the U. S. Department of Interior which states: "The provisions of Article (9) of the contract whereby the first construction charge installment is not due until water is first used and a buildup in the installments during `°"'w the first 10 years is provided until the total quantity of water under contract is used, shall not be applicable. The first construction charge installment shall be payable on December 31, 1977 and amounts to $40 , 450 . 48 . A bill in this amount will be submitted at a later date. " Motion carried unanimously. No action was taken on the suggested change in water service from Metzger to Tigard Water District for those residents along S . W. North Dakota Street. The Administrator was instructed to coordinate with the Administrator, Metzger Water District, on possible solutions in accordance with the desires of the Board of Commissioners, Metzger Water District. James Savage, Coopers & Lybrand, explained the contents of the audit report for the year ended June 30 , 1976 which was just published, He expressed the view that the opinion officially rendered in the audit report about the accounting procedures and financial status of the Tigard Water District was outstanding. He said that it had been a difficult, hard struggle and a major accomplishment by the water district staff Nov to attain this excellent, unqualified opinion. He stated, further, that one would not often see this kind of an opinion in most organizations , such as water dis- tricts. Page 3 Tigard Water District Minutes (Continued) Mr. Thomas Satterlee, Municipal Consultant, Foster & Marshall Inc . , made a presentation on services his firm could perform for the Tigard Water District on the proposed $1. 9 million bond issue. The Board preferred to deny a request by Mr. Cook, owner of Cook' s Pharmacy, Canterbury Square, to estab- lish a pay station at his store. The Chairman requested additional information about the 6-inch PVC main which the district had installed and the 8-inch PVC main to be installed for Tualatin Develop- ment Company. These mains were designed to transport tertiary water from the Unified Sewerage Agency treatment plant to the Summerfield Golf Course for irrigating pur- poses. Eventually these mains would be extended for the King City Golf Course and Tigard High School. The Admin- istrator explained that the district became involved with this project because our assistance was requested and that it appeared that such a project would be particularly beneficial to the district if our potable water were not used for irrigating golf courses during peak demand periods. Presently, the Summerfield Golf Course is provided water ,0100 from our system on an interrupible basis . Professional assistance, including cost estimates , was provided to the Summerfield Civic Association, King City Civic Associ- ation, and Tigard School District 23J regarding the use of tertiary water for irrigation. Those entities were advised that they could save considerable sums by the purchase of treated water instead of potable water from the Tigard Water District. ($670 versus $80 per million gallons) . Attempts to obtain bids for the pipe installa- tion with the requirement that the actual construction had to be completed prior to the blacktopping of Alder- brook Drive proved to be fruitless . Upon request of Tualatin Development Company on behalf of the Summerfield Civic Association the Tigard Water District installed the main on a "time and material" basis plus overhead, which are our normal charges. The Administrator was advised that the Tigard Water District, as a general rule, should not be getting in- volved with water systems or pipe lines other than those to supply potable water to the district ' s inhabitants. Motion was made to adjourn at 10 :10 p.m. Motion carried unanimously. iiror Page 4