Resolution 2505
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RESOLUTION NO. 2505
A RESOLUTION OF THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AWARDING CONTRACT FOR SOUTH TAHOE PUBLIC UTILITY DISTRICT
BAR SCREEN AND RAS PUMP STATION MODIFICATIONS,
AND ODOR CONTROL IMPROVEMENTS PROJECT - 1989
BID NO. 89-90-15
WHEREAS, pursuant to order of this Board of Directors
of South Tahoe Public Utility District, County of El Dorado,
state of California, notice was duly given for receiving bids
for the South Tahoe Public Utility District Bar Screen and Ras
Pump station Modifications, and Odor Control Improvements
Project - 1989, Bid No. 89-90-15, and seven (7) bids were
received at the time and place specified, at 2:00 P.M. on
Friday, January 5, 1990, and publicly opened; and
WHEREAS, said Board of Directors at its special Board
Meeting on January 15, 1990 reviewed the bids and determined
that after waiving irregularities in the bid of Thomas Haen
Company, Inc., which irregularities related to responsibility
rather than responsiveness, said Thomas Haen Company, Inc. sub-
mitted the lowest, responsive, responsible bid for the work of
the South Tahoe Public Utility District Bar Screen and Ras Pump
Station MOdifications, and Odor Control Improvements project -
1989, Bid No. 89-90-15.
NOW, THEREFORE, BE IT RESOLVED by the Board of Direc-
tors of south Tahoe Public Utility District, county of El
Dorado, State of California, as follows:
1. The following irregularities in the bid of
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Thomas Haen Company, Inc. relate to responsibility, not respon-
siveness, and should be waived in the best interest of the Dis-
trict because the waiving thereof will result in substantial
financial savings to the District tax payers and rate payers:
A. The listing of Jaeger or Lampac as the
packing material equipment manufacturer. Both manufacturers
comply with specifications and Thomas Haen Company, Inc. is
purchasing from the same supplier.
B. Swartwout or American Warming as the
equipment manufacturer for dampers. Both manufacturers comply
with specifications and Thomas Haen Company, Inc. is purchasing
from the same supplier.
c. Durian or Durko as the equipment manufac-
turer for recirculation pumps. Both manufacturers comply with
specifications and Thomas Haen Company, Inc. is purchasing from
the same supplier.
D. The failure to list a supplier for the
electrical control centers. The electrical control centers are
part of the odor control package and included in other equip-
ment listings in the Thomas Haen Company, Inc. bid.
E. The failure to have a non-collusion af-
fidavit acknowledged with the submission of the bid. The non-
collusion affidavit was executed by Thomas Haen Company, Inc.
with the submission of its bid, but without notary acknow-
ledgment. Thomas Haen Company, Inc. has submitted an executed
and acknowledged non-collusion affidavit prior to this special
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Meeting of the Board of Directors. Section 7106 of the Public
Contracts Code only requires that the Public Works Contract
which Thomas Haen Company, Inc. will sign after any award by
the District will include such fully executed and acknowledged
affidavit that is required by said section 7106. The fully ex-
ecuted and acknowledged non-collusion affidavit will be a part
of the Contract between South Tahoe Public utility District and
Thomas Haen Company, Inc.
2. The Board of Directors does hereby waive the
foregoing irregularities in the bid of Thomas Haen Company,
Inc. for the reasons set forth in No. 1 above, and determines
that the bid of Thomas Haen Company, Inc., P.O. Box 899B, South
Lake Tahoe, CA, 95731, (916) 541-4700, is the lowest, respon-
sive, responsible bid for doing the work and improvements and
furnishing the material, equipment, and supplies for the South
Tahoe Public utility District, Bar Screen and Ras Pump station
Modifications, and Odor Control Improvements Project - 1989,
Bid No. 89-90-15, in accordance with the Plans and Specifica-
tions prepared by the Design Engineer, John Carollo Engineers,
and all Addendums called for and attached to said bid.
3. The Board of Directors does hereby award said
Contract to Thomas Haen Company, Inc., P.O. Box 8998, South
Lake Tahoe, CA, 95731, for doing the work and furnishing the
materials, supplies, and equipment necessary for the South
Tahoe Public utility District Bar Screen and Ras Pump station
Modifications and Odor Control Improvements project - 1989, Bid
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No. 89-90-15, at the price named in its bid of Seven Hundred
sixty-Six Thousand Dollars ($766,000.00).
4. The Chairman of said Board of Directors is
hereby authorized to make and enter into a written contract
with said successful bidder, Thomas Haen Company, Inc., and to
receive and approve all bonds in connection therewith, and the
Clerk is hereby directed to attest to said Chairman's signature
and affix thereto the corporate seal of said District, all in
accordance with the Plans and specifications, and the special
conditions and notice to bidders thereto approved and placed on
file with the District, and all Addendums included in said bid.
5. The Board of Directors further finds:
A. The request of Thomas Haen Company, Inc.
to substitute Diversified Electrical Associates as the electri-
cal sub-contractor for the above named project in place of the
listed electrical sub-contractor, Sierra valley Electric, Inc.,
on the ground of inadvertent clerical error pursuant to Section
4107.5 of the Government Code was timely filed.
B. The affidavits of Thomas Haen Company,
Inc., Diversified Electrical Associates, and Sierra Valley
Electric, Inc. support the claim of Thomas Haen Company, Inc.
that an inadvertent clerical error in the listing of electrical
sub-contractors was made by said Thomas Haen Company, Inc. in
the submission of its bid.
C. The affidavit of Sierra valley Electric,
Inc., contains a statement that there is no objection to the
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substitution of electrical sub-contractors by Thomas Haen Com-
pany, Inc., and consents to the Board of Directors determining
the issue at this Special Meeting.
D. A letter of Diversified Electrical As-
sociates contains a statement that there is no objection to the
substitution of electrical sub-contractors by Thomas Haen Com-
pany, Inc., and consents to the Board of Directors determmining
the issue at this Special Meeting.
6. The Board of Directors, after a public hearing
at this Special Meeting, reviewing the affidavits and all cor-
respondence, and investigation and report by the District
staff, finds that there was an inadvertent clerical error in
the submission of the bid of Thomas Haen Company, Inc. in the
listing of the electrical sub-contractor, Sierra Valley
Electric, Inc., for the reason of Finding No.5 above, and in
the absence of any compelling reason to the contrary, consents
to the substitution by Thomas Haen Company, Inc. of the
electrical sub-contractor, Diversified Electrical Associates in
place of Sierra Valley Electric, Inc.
7. After hearing from its District Engineer and
District staff, the Board of Directors further finds that the
Bar Screen manufacturer, Vulcan, who was listed as the equip-
ment supplier on five of the seven bids, does not meet the
specifications for the South Tahoe Public utility District Bar
Screen and Ras Pump station Modifications, and Odor Control Im-
provements Project - 1989, Bid No. 89-90-15.
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8. The Board of Directors does not accept the al-
2 ternate bid of Thomas Haen Company, Inc. for doing the work of
3 the above named project by furnishing equipment for the Bar
4 Screen manufactured by Vulcan.
5 PASSED AND ADOPTED by the Board of Directors of South
6 Tahoe Public utility District at a duly held Special Meeting on
7 the 15th day of January, 1990 by the following vote:
AYES: Director Mason, Sinclair, Pierini, Onysko
NOES: None
ABSENT: None
ABSTAIN: Director Walker
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ROBERT MASON, Chairman of
Board, South Tahoe Public
utility District
ATTEST:
lJ~d ~~
PAT A. MAMATH, Cerk of Board
South Tahoe Public utility District
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