1 00:00:00,560 --> 00:00:08,000 Spaghetti. >> Okay. Thank you all very much for being 2 00:00:05,440 --> 00:00:14,799 here for this special meeting of the city of Fomit City Council. Uh today is 3 00:00:12,240 --> 00:00:19,359 Wednesday, April 29th. It's currently 7:12 p.m. And we'll start with a roll 4 00:00:18,480 --> 00:00:24,080 call. >> Spencer Irwin 5 00:00:22,320 --> 00:00:25,279 » here. >> Nan Crocker 6 00:00:24,880 --> 00:00:26,480 » here. >> Teresa Nelson 7 00:00:26,160 --> 00:00:29,439 » here. >> Brit Salsa 8 00:00:27,519 --> 00:00:36,399 » present. Mayor Christopher McMorren >> present. Okay. Um the only business on 9 00:00:33,440 --> 00:00:42,800 our agenda tonight is um discussing the invitation to bid responses for the 10 00:00:39,120 --> 00:00:48,879 water treatment plant this plant project. Um and then we'll head out. But 11 00:00:46,719 --> 00:00:52,640 before that we have public comment if anyone's here for public comment. 12 00:00:51,360 --> 00:00:59,760 I don't believe we have anyone registered online. So, um, now I turn it 13 00:00:57,039 --> 00:01:05,680 over to our city manager to discuss the intent to bid process. 14 00:01:01,440 --> 00:01:11,439 » All right. So, we did get, uh, two bids in for the water treatment plant. Um, 15 00:01:08,640 --> 00:01:15,840 upon receiving the bids, the city staff and then city attorney helped prepare a 16 00:01:14,479 --> 00:01:20,880 questionnaire to help determine responsibility. responsibility and 17 00:01:18,320 --> 00:01:26,560 contract language means that the there's some Oregon statute language where the 18 00:01:23,360 --> 00:01:32,400 the bidder has to show that they are responsible or able to carry out the 19 00:01:30,000 --> 00:01:39,920 contract. And so we asked questions about history of previous projects 20 00:01:35,840 --> 00:01:46,960 um uh size of the projects kind of that um nature. Talked about um we got 21 00:01:43,520 --> 00:01:49,840 resumes from their um higher up employees that were going to be 22 00:01:48,079 --> 00:01:54,000 overseeing the project, their general that was going to be on site and all 23 00:01:51,439 --> 00:01:58,560 that type of information. So we got the questionnaire out. There was a protest 24 00:01:56,880 --> 00:02:04,079 to the questionnaire on some of the language that was used. Um was a little 25 00:02:01,040 --> 00:02:09,440 more narrative than what the OS specific language is. And so we revised that back 26 00:02:07,200 --> 00:02:14,560 down, stuck a little bit closer to the exact language in the OS and sent it 27 00:02:12,560 --> 00:02:18,879 back out to both biders and got both responses. Those were due by 3:00 last 28 00:02:16,400 --> 00:02:23,200 Friday. We got both of those. I reviewed those with the city attorney, public 29 00:02:20,560 --> 00:02:27,440 works director, and the city engineer. And we believe based on the responses 30 00:02:24,640 --> 00:02:31,120 that both biders are qualified, not qualified, are responsible. They've 31 00:02:29,520 --> 00:02:34,480 shown they're qualified as responsible biders. And so, uh, both biders are 32 00:02:33,440 --> 00:02:41,040 good. And so, we'll be going with the low bid, um, per state procurement laws 33 00:02:38,080 --> 00:02:49,040 and and rules. And so, I've got a letter that came in just today from the city 34 00:02:44,319 --> 00:02:56,560 engineer and ORE, Inc. was the low bid. uh Sladeen uh contractors 35 00:02:53,920 --> 00:03:00,640 uh was the other bidder uh not to be awarded. 36 00:02:58,160 --> 00:03:06,239 Once the notice of intent to award goes out, there's a 7-day protest period 37 00:03:03,360 --> 00:03:09,440 again. Um and then once we're past that 7-day 38 00:03:07,920 --> 00:03:13,920 period, then we'll enter into contract negotiations and get our contract. 39 00:03:11,920 --> 00:03:17,920 Shortly after contract negotiations, we'll move forward into pre-construction 40 00:03:15,920 --> 00:03:21,760 meeting and start getting answers to like when are we going to start, when 41 00:03:19,599 --> 00:03:25,440 are we going to be done, when is Flo Community Services driveway going to be 42 00:03:23,360 --> 00:03:31,040 impacted, and all of those types of questions. So, um for tonight, we're 43 00:03:29,040 --> 00:03:38,239 just looking for approval to go ahead and release this notice of intent to 44 00:03:32,640 --> 00:03:44,879 award. Um, I can tell you that the um 45 00:03:39,920 --> 00:03:49,760 low bid came in at 13.8 million. Um, higher than what our engineers 46 00:03:47,599 --> 00:03:54,799 estimate was. Um, both bids were higher than the engineers estimate, which we 47 00:03:51,360 --> 00:03:59,200 weren't overly surprised about. Um, there are some specific items that we're 48 00:03:57,360 --> 00:04:04,159 looking at perhaps being able to shave off of this project, which is why we 49 00:04:01,040 --> 00:04:07,200 don't have a full narrative there. Um but even with the projects we look to 50 00:04:05,840 --> 00:04:10,640 shave, we did look at that really closely and even if we shave some of the 51 00:04:09,200 --> 00:04:15,280 projects off that were listed as optional projects, um the bidding 52 00:04:13,760 --> 00:04:18,720 preference or the bidding sequence is still the same. The low bid was still 53 00:04:16,479 --> 00:04:24,080 the low bid even if we remove a couple items that were listed as optional 54 00:04:20,799 --> 00:04:27,120 things. So we we did look at that very explicitly, but we didn't make any 55 00:04:25,520 --> 00:04:30,960 decisions at that point on what we were actually going to move forward and 56 00:04:28,479 --> 00:04:35,600 whatnot. as an example, the well on North or the well on South Ninth Street 57 00:04:33,520 --> 00:04:39,199 is in there as an option to get that up and going and try to get that connected. 58 00:04:37,600 --> 00:04:42,800 It's not something that has to happen with construction of the treatment plant 59 00:04:40,800 --> 00:04:46,560 getting that online. And so that more than likely is and one of those optional 60 00:04:44,880 --> 00:04:50,639 things that we won't do in order to save some money today. We can do that some 61 00:04:48,639 --> 00:04:54,000 point in the future. If we need to rehabilitate that well and get it 62 00:04:52,080 --> 00:04:57,360 connected, we can do that some point in the future. We're just not gonna do it 63 00:04:55,040 --> 00:05:01,280 as part of this project in order to save some costs there. So, um, so I don't 64 00:05:00,000 --> 00:05:04,960 have an exact dollar amount, but I can tell you it won't be any more than the 65 00:05:02,639 --> 00:05:10,479 13.8, which included every all of the optional items, right? And so, um, we'll 66 00:05:08,320 --> 00:05:17,360 get the notes of intent toward out and then we'll, um, get through the protest 67 00:05:13,199 --> 00:05:23,440 period and then we will, um, come back with the agreement for the city to look 68 00:05:19,919 --> 00:05:28,080 at for approval of of those, um, of the contract. 69 00:05:25,039 --> 00:05:32,479 I'd like tonight to um I'd like tonight to get approval to 70 00:05:30,960 --> 00:05:36,000 release the notice of intent award and also direction to go ahead and enter 71 00:05:33,759 --> 00:05:41,680 into that contract agreement and get moving forward because time is of the 72 00:05:38,000 --> 00:05:45,360 essence. Um both biders are very aware of the time constraints that we've got 73 00:05:43,520 --> 00:05:50,240 with the ARPA funding that needs to be spent and reimbured by the end of the 74 00:05:47,199 --> 00:05:54,800 calendar year. Um, so I'm even waiting until our May meeting that's losing 75 00:05:53,199 --> 00:05:58,800 another week and a half or two weeks on the project. So, uh, if the council's 76 00:05:57,280 --> 00:06:01,680 comfortable with giving staff a little bit of lenance to the air, I'd like to 77 00:06:00,080 --> 00:06:05,199 get, um, direction to go ahead and enter into that contract and get moving 78 00:06:03,199 --> 00:06:09,600 forward. >> Thank you, Chris. Uh, any questions or 79 00:06:07,759 --> 00:06:15,600 just councelor Crocker? >> Uh, we had talked about um, do they have 80 00:06:12,080 --> 00:06:20,560 a large enough uh, personnel to work longer hours to get it done on time? or 81 00:06:18,800 --> 00:06:25,199 are they limited on? >> We weren't able to ask like qualifying 82 00:06:22,720 --> 00:06:29,759 questions to qualify them for the job. It was listed as 83 00:06:27,039 --> 00:06:35,199 » no qualifications necessary. We could only ask questions about their 84 00:06:31,919 --> 00:06:39,440 being a responsible bidder or not. Um that's not something that we could 85 00:06:36,479 --> 00:06:46,960 address. We will be looking at their schedule and looking at um that during 86 00:06:43,280 --> 00:06:52,319 the contract phase and trying to ensure that we can frontload that project as 87 00:06:49,120 --> 00:06:57,919 much as possible. Um I can tell you 88 00:06:55,039 --> 00:07:01,360 that I think it's still possible. I I I don't think we're I mean, we're in 89 00:06:59,840 --> 00:07:05,759 danger, right, of not being able to get all that, but um you know, it's not like 90 00:07:04,400 --> 00:07:09,199 we're a month out from having to have it all done where it's impossible. I I 91 00:07:07,199 --> 00:07:12,800 think there is still a good possibility that that work can be done and that 92 00:07:11,199 --> 00:07:16,880 money can be spent down in the time frame that we have, but we do need to 93 00:07:14,720 --> 00:07:21,199 get going. If if we get two months into this and hit a substantial delay, we 94 00:07:19,680 --> 00:07:24,080 could be in jeopardy. So, there's definitely concern about watching that 95 00:07:22,720 --> 00:07:28,720 time frame, watching the timelines closely. And they do understand that or 96 00:07:26,160 --> 00:07:32,560 you have that. Yep. They they know that there's ARPA funds involved. They know 97 00:07:30,639 --> 00:07:36,639 that they need to be spent this year so they're aware. Y 98 00:07:34,960 --> 00:07:39,639 » thank you. Other questions or discussion? 99 00:07:41,360 --> 00:07:49,360 Okay. Um I guess I'm assuming we'll get some kind 100 00:07:46,479 --> 00:07:53,360 of update on this at our May meeting. In May, we'll have the letter with the 101 00:07:51,280 --> 00:07:55,919 breakdown and the options that we're choosing to not do. We'll have a total 102 00:07:55,120 --> 00:07:58,160 price. >> Okay. 103 00:07:56,319 --> 00:08:01,199 » And we'll probably have it drafted. I mean, we won't do the full contract, but 104 00:07:59,680 --> 00:08:04,879 we'll have the kind of the high points of the contracts and time frames. 105 00:08:03,440 --> 00:08:08,720 » So, hopefully we have all that wrapped up by May is the goal. 106 00:08:06,960 --> 00:08:14,400 » Okay. >> And what's your ask, Chris? What are you 107 00:08:11,360 --> 00:08:19,680 looking for? uh a motion to direct staff to or direct the city manager to release 108 00:08:17,599 --> 00:08:23,599 the notice of intent to award and following the 7-day protest period to go 109 00:08:22,560 --> 00:08:28,319 ahead and enter into contract negotiations with the low bid. 110 00:08:26,960 --> 00:08:30,400 » So move. >> Okay. Is there a second? 111 00:08:29,840 --> 00:08:35,200 » Second. >> Okay. It's been moved by councelor 112 00:08:32,320 --> 00:08:41,680 Salsa, seconded by councelor Crocker to direct staff to release the notice of 113 00:08:38,959 --> 00:08:45,600 award and following the 7-day protest period, move forward with the contract. 114 00:08:44,640 --> 00:08:52,200 Is that right? >> Perfect. Look at that. Um, any 115 00:08:48,399 --> 00:08:52,200 discussion on that motion? 116 00:08:53,440 --> 00:09:00,720 Seeing none, would all those in favor please raise your hand and say I. I. 117 00:08:57,920 --> 00:09:04,839 » The motion passes unanimously. Thank you. 118 00:09:01,200 --> 00:09:04,839 » Now that you've said yes, 119 00:09:04,959 --> 00:09:14,480 » I I do just want to make you aware we are actively working with Business 120 00:09:11,760 --> 00:09:19,519 Oregon, some of our elected officials at the state level, the federal level to 121 00:09:17,360 --> 00:09:23,440 try to get any wiggle room that we can out of making sure that we can use those 122 00:09:21,040 --> 00:09:28,560 ARPA funds. So, I just want you to know that your staff is working diligently 123 00:09:25,440 --> 00:09:32,160 and looking in at multiple scenarios. um we're not resting on our laurels and 124 00:09:30,800 --> 00:09:36,000 assuming that we're going to get this done and be able to do it. So there's I 125 00:09:34,560 --> 00:09:38,320 won't go into all the different details because there's about four or five 126 00:09:37,120 --> 00:09:42,480 strategies that we're kind of going after right now to ensure that we can 127 00:09:40,320 --> 00:09:47,200 maximize our use of the ARPA funds that have been awarded to us already. So um 128 00:09:45,760 --> 00:09:51,920 just want you to know that we're we're aware we're concerned. We're trying to 129 00:09:49,760 --> 00:09:55,120 even look at like the water reservoir if there's a way that we can help get 130 00:09:53,760 --> 00:09:59,120 reimbursement for some of that instead of just all the money we did there which 131 00:09:56,560 --> 00:10:02,399 would be about $4 million we can get reimbursement for right now which would 132 00:10:00,640 --> 00:10:05,839 mean we only got like four million to spend between us. So there's some 133 00:10:04,080 --> 00:10:10,080 strategies that we're trying to do on the back end but it's going to take some 134 00:10:08,160 --> 00:10:13,519 flexibility on business Oregon where they can be flexible. They've got very 135 00:10:11,920 --> 00:10:18,240 stringent guidelines they have to follow as well. It's their federal dollars that 136 00:10:15,839 --> 00:10:24,399 came to the state that had very tight cords and strings attached to it, things 137 00:10:20,320 --> 00:10:27,440 they have to do. Um, and they're trying to work with us as well. So, anyway, I 138 00:10:26,320 --> 00:10:32,399 just want you to know staff's working hard to make sure we maximize that. 139 00:10:29,440 --> 00:10:34,800 We're not just hoping for the best. >> Um, thank you very much. 140 00:10:34,480 --> 00:10:38,560 » Yeah. >> Um, what was that deadline? Was it 141 00:10:36,560 --> 00:10:41,519 October or was it December? >> December. 142 00:10:39,440 --> 00:10:46,640 » December. By the end of the year, everything has to be spent and re 143 00:10:44,160 --> 00:10:49,440 submitted and reimbursed. So, >> our target is like November. 144 00:10:48,959 --> 00:10:52,880 » Okay. >> To try to finish spending the money and 145 00:10:50,959 --> 00:10:55,880 give ourselves a half, two months to get reimbursed. 146 00:10:57,519 --> 00:11:04,800 » Um, yeah, I I appreciate that. I know something I've talked about with the 147 00:11:01,920 --> 00:11:10,720 city manager is obviously right now our focus just needs to be on getting this 148 00:11:06,399 --> 00:11:15,279 done. Um, and I am grateful for all hands on deck getting it done. I think I 149 00:11:13,600 --> 00:11:19,680 just want to kind of put a flag down for the council that when it is done, I want 150 00:11:17,760 --> 00:11:23,360 us to take a serious look back at some of the things that made this get so 151 00:11:21,200 --> 00:11:27,600 delayed. I think it can be tempting for the project to be done to be like, "Oh, 152 00:11:25,279 --> 00:11:32,560 okay. We're done. Moving on." Um, and I just want us to do a little post-mortem, 153 00:11:29,920 --> 00:11:36,560 I think, after the project. Um, just to make sure we don't run into these same 154 00:11:34,320 --> 00:11:41,120 types of delays in the future. Obviously, this is somewhat of a unique 155 00:11:38,240 --> 00:11:45,600 case with the ARPA funds, but um just some of the engineering delays and other 156 00:11:43,519 --> 00:11:48,959 concerns I want us to have like a serious conversation about down the 157 00:11:47,600 --> 00:11:52,720 road. So, >> yeah, 158 00:11:50,959 --> 00:11:58,200 » that's all we have. Thank you. >> All right, I'll keep you posted. 159 00:11:54,399 --> 00:11:58,200 » I brought two drinks. 160 00:12:00,240 --> 00:12:09,120 Okay. If there are no final uh comments, questions, discussion items, then I will 161 00:12:06,160 --> 00:12:15,480 adjourn this meeting at 7:24 p.m. and we'll see you in May. 162 00:12:12,480 --> 00:12:15,480 » Thanks.