02-13-86MINUTES
ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
FEBRUARY 13, 1986
The Board of Directors of the South Tahoe Public Utility District
met in an adjourned regular session, February 13, 1986, 8:00 P.M.
1900 Lake Tahoe Boulevard, City Council Chambers.
BOARD OF DIRECTORS: Chairman Wynn
Directors Olson, Jones, Mason
Absent/Director Madden
ROLL CALL
STAFF: Cofer, Baer, Mamath, Hrbacek,
Plasterer, Miller, Tiran, Atorney
Weidman
GUESTS: Jeff De Long-Tahoe Daily Tribune,
Joe McNeil-Carollo Engineers, Attorney
Hernandez. Also see attached list which
becomes a part of these minutes by
reference herein.
The Hearing was closed for public
comment on 2/6/86, 2:52 P.M. except for
the allowance of the introduction of
documents into the record and to accept
two pieces of information:
1)~'' Statement in writing or in person
(requested by Labor Unions) of Mr.
Franklin or his representative;
2) Purchasing Agent, Rich Tiran's,
information on the remaining inquiry
to Cal/Osha re Safety Record of in-
volved companies.
PUBLIC HEARING CONTINUED
Attorney Weidman requested the rep-
resentative for Mr. Franklin speak to
the Board. A Mr. Harliss was present
and stated he was accompanied by Mr.
George Harder who would speak to the
Board in place of Mr. Franklin.
George Harder stated he was a commis-
sioner on the California Apprenticeship
Council and was prepared to speak to the
Board with respect to the California
Labor Code Law.
ADJOURNED REGULAR MEETING MINUTES - FEBRUARY 13, 1986 Page 2
Director Mason asked Mr. Harder how
an open-shop contractor met the ap-
prentice certification laws.
Mr. Harder responded to Director
Mason's questions.
Chairman Wynn requested Purchasing
Agent Tiran come forward and give his
report on his inquiry to Cai/Osha.
Mr. Tiran give his report which in-
cluded his inquiries to several different
District Managers for Cai/Osha, Division
of Occupational Safety on any violations
that the Novo-Rados Construciton Company
or any of their companies were involved
in.
Doug Thomas, Business Representative of
Carpenters Local 1789, requested the record
be clarified to show the inquiries to
Cal/Osha by Mr. Tiran were for the Novo-
Rados or Rados firms only, and that there
was no information on Alta Pacific be-
cause they were a new firm.
Mr. Tiran verified this statement.
Attorney Weidman introduced Exhibits 72
thru 91 into the record.
Attorney Weidman had, earlier in the
meeting, distributed to the Board copies
of Findings and Determination Decision of
the South Tahoe Public Utility District.*
Chairman Wynn directed Attorney Weidman to
name each protestant shown in this doc-
ument, the issue(s) each raised and the
individual finding for each issue.
Attorney Hernandez interjected with an
explanation to the Board regarding the
EPA regulations involved in the protest.
Attorney Weidman advised the Board
to find all protests untimely under
EPA Regulations: Moved Olson/Second Jones
(Madden/Absent) Passed Unanimously to find
~1 protests untimelyunder EPA Regulations.
PUBLIC HEARING CONTINUED
(continued)
BOARD ACTION
ADJOURNED REGULAR MEETING MINUTES - FEBRUARY 13, 1986 Paqe 3
The Protesters challenged the Award of
Bid on several issues. The Board made
the following determinations:
BOARD ACTION (continued)
Moved Mason/Second Olson/ (Madden/Absent)
Passed Unanimously. to determine Alta
Pacific had adequately met the positive
effort requirements set forth in the Bid
Specifications, and in particular in
Clean Water Grant Bulletin No. 113, be-
cause the Bid Documents do not clearly
and unambiguously state that the MBE/WBE
requirements go to the issue of respon-
siveness, they are, properly, matters
of responsibility.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine that
Alta Pacific's timely use of the Cal-
trans list is actually better than timely
use of a referral center list from the
referral centers identified in the Bid
Specifications and Alta Pacific has,
therefore, substantially complied with
this requirement and its failure to con-
tact the SBA before the deadline is a
non-material irregularity which is
waived.
Moved Jones/Second Mason/(Madden/Absent)
Passed Unanimously to determine that ba~ed
on its use of the Caltrans list, Alta
Pacific has more than satisfied its
obligation to solicit at least three MBE/WBE
firms for each category of subcontracting
work available.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine the return
postcard method used by Alta Pacific to
solicit responses from solicited MBE/WBE
firms is an appropriate alternative to
certified mail and documented telephone
calls. Alta Pacific has, therefore,
substantially complied with this
requirement and its failure to use
certified mail or document telephone
calls is a non-material irregulatiry
which is waived.
ADJOURNED REGULAR MEETING MINUTES - FEBRUARY 13, 1986 Page 4
Moved Mason/Second Jones/(Madden/Absent) BOARD ACTION (continued)
Passed Unanimousl~ to determine that
Alta Pacific fully satisfied this require-
ment by dividing the subcontracting work
into 20 categoaries of work and 3 categories
of approximate value.
Moved Mason/Second Olson/ (Madden/Absent)
Passed Unanimously. to determine the require-
ment for the establishment of a delivery
schedule to permit maximum participation
of MBE/WBE firms was inapplicable since
the Bid Specifications themselves es-
tablish the relevant delivery schedules.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine that Alta
Pacific did fulfill the express terms of
the requirement to document contact with
Homitz, the SBA and OMBE by virtue of its
documented December 18, 1985 telephone
call to Mr. Wallace Homitz, and by virtue
of its December 20, 1985 letters to SBA
and appropriate offices of OMBE.
Moved Jones/Second Olson/(Madden/Absent)
Passed Unanimously. to adopt the summary
of findings on Alta Pacific's com-
pliance with the MBE/WBE positive effort
requirements: Alta Pacific has sub-
stantially and in good faith complied with
the MBE/WBE Positive Effort requirements
based upon its timely use of the Caltrans
referral list, its timely solicitation of
a more than adequate number of MBE/WBE
firms for each craft category, its break-
down of the work available by type and
value, and its attempts to solicit re-
sponses from the MBE/WBE firms via the
return postcard method. All of Alta
Pacific's deviations from the positive
effort requirements are waived as non-
material irregularities which do not
adversely affect the status of the Alta
Pacific bid as responsive and responsible.
Moved Mason/Second Olson/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific's failure to list an electrical
subcontractor does not render its Bid
nonresponsive or nonresponsible since
Alta Pacific is not required to list
subcontractors for work it intends to do
itself.
ADJOURNED REGULAR MEETING MINUTES - FEBRUARY 13, 1986 Page 5
Moved Olson/Second Mason/(Madden/Absent)
Passed Unanimously. to determine Alta
Pacific is fully qualified to perform
its own electrical work and does in fact
intend to perform its own electrical work.
BOARD ACTION (continued)
Moved Jones/Second Olson/(Madden/Absent)
Passed Unanimously to determine the id-
entification of Grove Madsen in the Alta
Pacific Bid, whether or not Grove Madsen
is retained by Alta Pacific as its elect-
rical supplier, does not render the Alta
Pacific Bid non-responsible. Alta Pacific
has provided adequate post-bid documenta-
tion of its ability to ensure the delivery
of Westinghouse equipment to the job.
Moved Olson/Second Mason/(Madden/Absent)
Passed Unanimously to determine the Roen
protest is not supported by the evidence
and thus the Roen protest made at the
District Hearing on 2/6/86 failed to
satisfy the timeliness and written pro-
test requirements in EPA regulations,
40CFR, Section 33.1130 and 40CFR, Section
33.115(b); Roen protest is not an issue
which affects the responsiveness or
responsibility of the Alta Pacific Bid.
Moved Mason/Second Jones/(Madden/Absent)
Passed Unanimously. to determine Alta
Pacific's failure to list the street
address of its listed subcontractors is a
non-material irregularity which is waived
by the District.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific's failure to list an electrical
subcontractor does not render its Bid
nonresponsive or nonresponsible since
Alta Pacific is not required to list sub-
contractors for work it intends to do
itself. Alta Pacific is licensed to
perform its own electrical work, is fully
qualified to perform its own electrical
work, and intends to perform its own
electrical work; also, has no impact on
Alta Pacific's obligation to comply with
the prevailing wage laws. There is no
evidence that Alta Pacific did not sub-
contract its electrical work in order to
avoid paying prevailing wages. This issue
does not render the Alta Pacific Bid non-
responsive or nonresponsible.
ADJOURNED REGULAR MEETING MINUTES - FEBRUARY 13, 1986 Paqe 6
Moved Jones/Second Olson/(Madden/Absent)
Passed Unanimously. to find Alta Pacific
is able and willing to comply with the
legal requirements pertaining to appren-
ticeship as they become applicable and
this allegation does not affect the
responsibility or responsiveness of Alta
Pacific's Bid.
BOARD ACTION (continued)
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific is legally qualified, financially
able and fully responsible to do this job
in accord with the Bid Specifications.
Moved Olson/Second Mason/(Madden/Absent)
Passed Unanimousl~ to determine the question
of how 75% of local employees could be
guaranteed employment on the job issue
does not affect the status of the Alta
Pacific Bid as responsive and responsible.
Moved Jones/Second Olson/(Madden/Absent)
Passed Unanimously. to determine the issue
raised whether Walter Rados had an un-
disclosed interest in the project, that
there was no evidence to support this
allegation, hence the issue does not render
the Alta Pacific Bid nonresponsive or
nonresponsible.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific's failure to contact Don Garcia
Paving & Excavating Company does not alter
the outcome of the analysis set forth in
the finding which shows that Alta Pacific
has complied with the MBE/WBE positive
effort requirements. This issue does not
render the Alta Pacific Bid nonresponsive
or nonresponsible.
Moved Mason/Second Jones/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific was not required to advertise for
MBE/WBE subcontractors. Its failure to
advertise in the Daily Construction Service
does not render the Alta Pacific bid non-
responsive or nonresponsible.
ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 13, 1986 Page 7
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimousl.~ to find the District
has the responsibility of ensuring that
Alta Pacific is a responsible, responsive
bidder, and is satisfied with the con-
clusion that Alta Pacific meets these
standards and has not engaged in any un-
fair bidding practices.
Attorney Weidman stated the protests of
Sletten Construction Company had already
been addressed in previous findings.
Attorney Weidman stated the protest of
Carpenters 46, Joint Apprenticeship
Training Committee had already been
addressed in previous findings.
Moved Olson/Second Mason/(Madden/Absent)
Passed Unanimously to determine Alta
Pacific is the lowest, responsive, re-
sponsible bidder.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to award the Con-
struction Contract to Alta Pacific with
deductive alternative "A" in the amount
of $10,005,000 by adoption of Ordinance
No. 381, including the findings and
determination decision of the District,
subject to SWRCB and EPA approvals.
9:35 P.M.
9:50 P.M.
Moved Mason/Second Olson/(Madden/Absent)
Passed Unanimously to approve 1/10/86
Adjourned Special Board Meeting minutes.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to approve 1/16/86
Regular Board Meeting minutes.
Moved Mason/Second Jones/Olson Abstained
(Madden/Absent)/Passed to approve 1/21/86
Adjourned Regular Board Meeting minutes.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimousl~ to authorize Notice uf
Award to Contract No. 1 to Alta Pacific
subject to SWRCB and EPA approvals.
BOARD ACTION (continued)
BREAK
MEETING RESUMED
BOARD MINUTE APPROVALS
PLANT MODIFICATION GRANT
PROJECT, STEP 3: CONTRACT
NO. 1 - TREATMENT PLANT
ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 13, 1986 Page 8
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to approve John Carollo
Engineer's Master Grant Agreement and
Task Order No. 1G in the amount of
$1,097,220 by adopting Ordinance No. 382.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to approve John Carollo
Engineer's Task Order No. 2G in the amount
of $15,885 (safety services).
Moved Olson/Second Mason/(Madden/Absent)
Passed UnanimouSly to approve Culp/Wesner/
Culp Task Order No. 4G in the amount of
$278,796; Task Order No. 5G in the amount
of $33,096; Task Order No. 6G in the
amount of $41,594 by adopting Ordinance
No. 383.
Manager Cofer stated Culp/Wesner/Culp had
been unable to obtain Errors & Omissions
Insurance and requested the Board permit
a 6 months waiver for the insurance por-
tion of the Master Grant Agreement.
Moved Olson/Second Jones/(Madden/Absent)
Passed Unanimously to authorize this
waiver.
Moved Mason/Second Jones/(Madden/Absent)
Passed Unanimousl~ to authorize submittal
of the ATA Package to SWRCB.
10:00 P.M.
PLANT MODIFICATION GRANT
PROJECT, STEP 3: CONTRACT
NO. 1 - TREATMENT PLANT:
CONSTRUCTION MANAGEMENT SERVICES
PLANT MODIFICATION GRANT
PROJECT, STEP 3: CONTRACT
NO. 1 - TREATMENT PLANT:
ENGINEERING SERVICES
PLANT MODIFICATION GRANT
PROJECT, STEP 3: APPROVAL
TO AWARD PACKAGE (ATA) TO THE
STATE WATER RESOURCES CONTROL
BOARD FOR COMPLETE PROJECT
(CONTRACTS 1, 5, 6, AND 7)
ADJOURNMENT
ATTEST:
?j.~ .
PAT A. MAMATH, (CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
LIST OF EXHIBITS IN THE FINDINGS AND DETERMINATION
DECISION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
EXHIBIT NO.
1
2
3
4
5
10
11
12
13
14
15
16
DESCRIPTION
Resolution No. 2375 of the S.T.P.U.D.,
Call for Bids.
Project Manual/Bid Specifications for
Wastewater Reclamation Plant
Improvements/Contract No. 1/Treatment Plant
Improvements
Drawings for Wastewater Reclamation Plant
Improvements/Contracts No. i/Treatment Plant
Improvements
Addendum No. 1 to the Bid Specifications
(12/16/85)
Addendum No. 2 to the Bid Specifications
(12/27/85)
Addendum No. 3 to the Bid Specifications
(12/30/85)
Alta-Pacific Bid
Alta Pacific Letter re: Electrical Work
(1/10/86)
Letter from Culp/Wesner/Culp ("C/W/C") re:
Alta Pacific Bid (1/10/86)
Mailgram protest from C.W. Roen received
1/16/86
Mailgram protest from IBEW Local 401
received by telephone on 1/16/86
Hand delivered protest from Mid State
Electric Company received 1/16/86
[Reserved.: Appearance 1/16/86 by Terry Youmans]
Agenda of 1/16/86 Board of Directors Meeting
[Reserved : Appearance 1/16/86 by Mike Madsen (Grove-Madsen)]
[Reserved :. Appearance 1/16/86 by Doug Thomas, Local 1789
Carpenters Union]
i
./
17
18
20
21
22
23
24
25
26
27
28
29
30
1/16/86 Adjourned Regular Board Meeting Minutes
Letter from Bob Baer of District Staff re:
District Protest Procedure (1/17/86) sent to:
--Terry Youman, President, Mid State Electric
--IBEW, Local 401, Reno
--Bruce Roen, Vice President, C.W. Roen
--Jim Pelletier, President, Alta Pacific
--Mr. Walter Rados, Rados Companies
--Mr. Mike Minchella, Attorney
--Mr. McCrory, Attorney
Memorandum of phone calls from District to
various parties re: District Protest Pro-
cedure (1/17/86)
1/21/86 Adjourned Regular Board Meeting Minutes
Letter from Bob Baer of District Staff re:
DistriCt Protest Procedure (1/22/86) sent to:
--Terry Youman
--IBEW
--Bruce Roen
--Jim Pelletier
--Walter Rados
--Mike Minchella
--Mr. McCrory
Memoranda of telephone calls made by District
Staff re: District Protest Procedure (1/22/86)
Memorandum of District Staff telephone call to
Alta Pacific (1/22/86)
Letter from C/W/C to District (1/22/86)
Letter from Frank B. Hall re: Bond for
Alta Pacific received 1/22/86
Alta Pacific MBE/WBE positive effort documentation
received 1/22/86
Copy of Alta Pacific's "A" License from the
Contractor's Licensing Board, received 1/22/86
Resumes of Alta Pacific staff, received 1/22/86
Letter from Carpenter's Union Local 1789 dated
1/23/86
Letter from Michael Vale, Attorney for Mid State,
received 1/28/86
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
Letter from State Contractor's Licensing Board
re: Alta Pacific (1/27/86)
Letter from Michael E. Langdon, Attorney for IBEW,
received 1/29/86
Letter from Michael Minchella, Attorney for Alta
Pacific (1/20/86)
Letter from Carpenters' Local 1789 (1/29/86)
Letter from U.S. Dept. of Labor, Bureau of
Apprenticeship and Training (1/29/86)
Letter from Mike Minchella, Attorney for Alta
Pacific, received 2/3/86
Declaration of Donald Kral, Secretary-Treasurer
of Alta Pacific
Declaration of Janice K. Toki, employee of Alta
Pacific
Declaration of Stacy Hewett, employee of Alta
Pacific
September 1985 Caltrans MBE/WBE referral list
Caltrans referral list code key for crafts and
counties
Caltrans District Map
Memoranda of Joe McNeil, engineer for John Carollo
Engineers, regarding investigation of Alta Pacific dated
1/15, 16, 30, 31/86-Total of 10 Memos & 1/17/86 Carollo recomnendation
letter.
Bid Specification Planholders List
Alta Pacific's U.S. Small Business Administration
MBE/WBE referral list
Petition of Public Protestors (Received 2/3/86)
[Reserved.]
Copy of Daily Construction Service
Record of people attending the 2/3/86 and 2/6/86
District Board Meeting
2/3/86 & 2/6/86 Adjourned Regular Board Meeting Minutes
iii
51
52
53
54
55
56
57
58
59
60
61
62
63
64
'65
66
67
68
69
7O
71
2/11/86 & 2/13/86 Adjourned Regular Board Meeting Minutes
Letter from Wallace Homitz to C.W. Roen (2/4/86)
Memorandum from Rich Tiran, District Staff, to
John Weidman, District Counsel (2/4/86)
Letter from Carpenters 46, No. Calif. JATC,
received 2/5/86
Sletten's Mailgram Protest, received 2/4/86 by
Robert Thompson, District Special Counsel
Sletten Bid
Fru-Con Bid
Roen Bid
Monterey Mechanical Bid
Dillingham Bid
Homer J. Olsen Bid
Roen MBE/WBE positive effort documentation,
received 1/20/86
Roen's supplemental MBE/WBE positive effort
documentation, received 2/5/86
Fru-Con MBE/WBE positive effort documentation,
received 2/5/86
[Reserved: Joe McNeil's oral explanation re Prevailing Wage
Rates]
Letter from Sierra Tahoe Insurance Co. to District
re Alta Pacific's bonding company
Resumes of District staff responsible for analysis
and recommendation
Letter from Grove Madsen to Alta Pacific, recieved
by District on 2/6/86
Letter from Mike Minchella to District re Alta
Pacific, received 2/6/86.
Handwritten Letter from Vernon Gerbracht, resident
and taxpayer in District, 'received by District
2/6/86.
"On-Ramp" publication and related documents
iv
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
provided by Mrs. Garcia at 2/6/86 District Hearing
Memorandum and Video Tape from Baer to Weidman re:
bid opening (2/10/86)
Memorandum from Mamath to Weidman re: incoming
mail (2/10/86)
Memorandum from Cofer to Weidman re:
re: apprenticeship training (2/10/86)
Memorandum of telephone conversation between
District Staff and Dept. of Apprenticeship
Standards (2/7/86)
Memorandum from Cofer to Weidman re: MBE/WBE
participation goals (2/13/86)
Memorandum of telephone conversation between
District Staff and Operator 327 re Western
Union's Mailgram Procedures (2/10/86)
Memorandum from Hernandez to Weidman re: SBA
MBE/WBE referral lists
Memorandum of telephone call to John Carolla
Engineers from Wallace Homitz re: Alta Pacific
Contact with Homitz (2/6/86)
Memorandum from Tiran to Weidman re: CalOSHA
Records of Rados Companies (2/10/86)
Carolla Memorandum from McNeil re Daily
Construction Service (2/10/86)
Carolla Memorandum from McNeil re Informal Notice
Mailing List (2/10/86)
Memorandum from Baer to Weidman re written
protests before bid opening (2/11/86)
District Board of Directors Meeting Transcript
(2/11/86) NONE NECESSAR~ DUE TO BREVITY OF MEETING.
District Board of Directors Meeting Transcript
(1/16/86)
District Board of Directors Meeting Transcript
(1/21/86)
District Board of Directors Meeting Transcript
(2/3/86)
District Board of Directors Meeting Transcript
(2/6/86)
V
89
90
91
District Board of Directors Meeting Transcript
(2/13/86)
Record of attending District Board Meeting
on 2/13/86pe°ple
Memorandum of telephone calls from Mamath to
interested parties re rescheduling of Hearing
from 2/11/86 to 2/13/86 (2/11/86)
vi