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Permit 03-04; John Glenn Middle School, Phase 2 -Maplewood The applicant proposes to grade existing athletic fields and expand the existing parking lot. Although the site is relatively flat, the applicant has agreed to revise their plans to create trenches filled with rock and drain the to encourage infiltration in the areas currently designed as swales. Motion: Jack Frost moved, Roger Lake seconded, to approve Permit #03-04. Motion carried. Permit 03-05; Maplewood Middle School -Phase 3 -Maplewood The applicant proposes to grade the athletic fields with no increase in impervious area or change in site drainage. Motion: Bob Johnson moved, Jack Frost seconded, to approve Permit #03-05. Motion carried. Monthly Enforcement Report No violation notices were issued during December. Most sites inspected were in order, or they were in need of minor repairs that were discussed with the foremen onsite. Ongoing enforcement issues involve the damaged wetland at Tartan High School (Permit #02-09). Tina attended a meeting on December 20 with representatives from Kellington Construction, Kraus Anderson, and the school district's consulting architect firm of ATS&R. The District's rough estimate on the cost for an outside contractor to perform the restoration work was discussed. She expects them to get additional estimates. At this stage, a full restoration cannot be accomplished until spring, so District staff have identified other tasks that need to be done at the site to protect the wetland slopes until then. 5. PROJECT STATUS REPORTS CIl' Maintenance/Repairs 2002 Project Tracey Galowitz' second letter to Jay Bros. stipulated a deadline of December 21 for completion of the punch list items that had been provided to them a month earlier. Liquidated damages have been accruing since then, ]ast estimated at about $7600. All engineering and legal staff time is billable. Tracey has received a formal request from Mark Jay to meet. CIP Maintenance/Repairs 2003 Project Brad Lindaman distributed the bid tabulation from the bid opening that took place at January 7. The tabulation reflects the correction of minor math errors on the lowest and second lowest bids, but it did not cause the bidders to change their position in the bidding order. The engineer's estimate was $160,554.00, the apparent low bid of Jay Bros. Inc. is $148,754.50, and the second apparent low bid of Holst Excavating is $155,645.50. Barr Engineering is currently checking the references submitted by Holst Excavating. The Managers reviewed the history it had with Jay Bros. Inc. as general contractors ofRamsey-Washington Metro Watershed District projects. Currently, there are two projects, the Battle Creek Lake Flood Protection Project and the 2002 CIP Maintenance/Repair Project, of which Jay Bros. Inc. is the contractor for the projects for the District. In both projects, the contractor has substantially breached the terms of the contract by not completing work in a timely manner. Furthermore, the District has had staff expend considerable energy to get them to comply with the project requirements. The Managers, after hearing about the delays, lack of cooperation, and other concerns relating to Jay Bros. Inc. reported at each monthly update relating to the projects, have determined that it is in the best interest of the taxpayers to take the second lowest responsible bidder, Holst Excavating. The added cost outweighs the risk of doing work with what the District deems to be anon-responsible bidder. Jay Bros. Inc. has been put on notice by several engineering reports and two separate attorney mailings in regard to the ongoing projects and the District's concerns. The Managers hereby exercise their sole discretion and conclude that Jay Bros. Inc. is not a "responsible" bidder. Motion: Roger Lake moved, Bob Johnson seconded, that the District reject the apparent low bid of Jay Bros. for the 2003 CIP Maintenance/Repairs Project due to repeated delays and missed completion dates for the 2002 CIB Maintenance/Repairs Project and the Battle Creek Lake Flood Protection Project, to accept the Holst Excavating bid of $155,645.50 as the lowest responsible bid, and to direct District staff to execute acceptable contract documents with Holst Excavating contingent on staff receiving adequate and favorable reference checks. The motion carried unanimously with 4 ayes (one absent). Page 2 January 8, 2003, RWMWD Minutes