Dear Mayor Shoji:
Recent comments and statements made in a series of articles regarding mayor candidate Mark Daily by The World newspaper, including a two pagess article 5 November, a series of articles apparently intended to increase circulation and win small market awards at the next Oregon newspaper gathering, a series of articles that have divided the community; and statements made during the Mark Daily radio program, cause grave concerns for this Coos Bay citizen, and for others. You must be aware of the many rumors - and minimal fact - spreading re WWTP2.
It has been reported that, following the swearing in of the next council, the city manager will present to the council a "white paper" re the WWTP2 background inclusive of "wastewater woes". A similar "white paper" presentation re the history of the recent MBR WWTP RFP seems appropriate.
By now, to be prepared for an early vote on SBR vs MBR etc., you have read the 144 pages of the DB Western Texas (DBWT) MBR WWTP2 proposal. It is respectfully requested that, as the present and possibly the future mayor, you set as an agenda item for the first new council meeting, a white paper discussion of the recent MBR WWTP RFP activity and the single proposal from DBWT, by the city manager / city purchasing agent. It is requested that the written presentation include:
01 Confirmation that, without apparent expressed concern of the city lawyer; and, in the exact wording as directed by the city council by the members of the wastewater committee comprised of council members; the city, by its city manager / city purchasing agent, released a RFP in contemplation of a contract award for a privatized MBR WWTP2.
02 Based on statements attributable to the city manager, prior to and subsequent to the RFP release, it appears that the city, except for three members of a committee, never had any intent to privatize WWTP2 or to award a contract for a MBR WWTP2. Please comment.
03 Identify the prospective bidders who received the city MBR RFP.
04 Did all prospective bidders receive the MBR RFP directly?
05 Which companies having built a MBR or SBR WWTP facility received a RFP?
06 Which potential MBR bidders requested and received a briefing before or after RFP receipt by city WWTP staff?
07 Did the city selected SBR contractor, Mortenson Construction, request or receive a MBR WWTP RFP? If yes, what was their reason for not bidding? If no, why were they not asked to submit a bid?
08 Was Mortenson told by any city employee or agent that the MBR WWTP RFP was just an exercise that would not result in a contract award?
09 What were some the reasons expressed by MBR RFP recipients, especially those having built all or parts of a SBR or MBR facility, and local contractors needing to create jobs, why they did not submit an offer?
10 Was the DBWT proposal responsive to the MBR RFP requirements?
11 Specifically, what parts of the DBWT MBR proposal were non responsive?
12 Was DBWT given an opportunity to explain or amend any proposal parts considered non responsive? If so, when?
13 Who were the city MBR proposal evaluation team and which evaluation team member read the entire DBWT proposal?
14 Did the city WWTP experts Wirsing and Kerbo read the entire DBWT proposal and provide their written assessment to anybody?
15 As part of the white paper presentation, may the council have a copy of the evaluation team, and Kerbo and Wirsing, written findings re the DBWT MBR proposal?
16 When did DBWT receive a debrief by the city? Did DBWT request a debrief? Who provided that debrief?
17 Does any Oregon law covering superior knowledge or other legal doctrine cause concern that the city is exposed to a significant damages claim by DBWT?
18 If I understood Mr. Beetham correctly, DBWT spent in excess of $400,000 to respond to the city MBR RFP - probably much spent prior to the RFP release - in anticipation of the RFP. Does DBWT "chemical firm tycoon" Dennis Beetham have legal recourse to recover all monies spent, plus any punitive damages, resulting from all efforts by DBWT personnel, or consultants, preparing a responsive MBR WWTP proposal with the understanding now that it was an intentional or unintentional waste of bidders time?
19 If I understand correctly, it was stated on the Daily radio program that city WWTP consultant / employee Kerbo has billed the city more than $400,000. What was her billing for WWTP matters through October 2016?
Of course, the worst that has happened, is knowing that prospective employers seeking a place to locate their business and considering our community read the local newspaper to get an understanding of us. Any business reading The World articles re Daily (and Treasurer candidate Simms bankruptcy having occurred light years ago) (who is next), would run far and fast from us. We look like a bunch of bumpkins in the boonies being led by an incompetent and dysfunctional local government.
Thanks for setting the agenda item, for a transparent government, and for assuring that citizens are informed.
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