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02-03-86 AdjournedMINUTES ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 3, 1986 The Board of Directors of the South Tahoe Public Utility District met in an adjourned regular session, February 3, 1986, 3:00 P.M., 1900 Lake Tahoe Boulevard, City Services Center. BOARD OF DIRECTORS: Chairman Wynn, Directors Olson, Jones, Mason, Madden ROLL CALL STAFF: Cofer, Baer, Fischer, Mamath, Hrbacek, Cartwright, Sullivan, Swain, B. Eppler, G. Eppler, Tiran, Plasterer, Attorney Weidman GUESTS: J. McNeil-Carollo Engineers, Jeff DeLong-Tahoe Daily Tribune, See attached list which becomes a part of these minutes by reference herein. 3:07 P.M. PUBLIC HEARING OPENED Chairman Wynn turned the meeting over to Attorney Weidman. Attorney Weidman introduced Manager Cofer, himself, Robert Thompson-Special Council, Jennifer Hernandez-Assisting Mr. Thompson, Assistant Manager Baer, Finance Officer Fischer, Joe McNeal-Carollo Engineers, and Bill Ettlich-C/W/C Design Engineers to the audience. STAFF REPORT/COMMENTS Attorney Weidman then asked the audience's indulgence as he introduced 39 documents into the record. (Attachment No. 1) INTRODUCTION OF DOCUMENTS INTO RECORD Chairman Wynn stated the meeting was open to public comment and asked the apparent second low bidder if they were present and would like to speak. COMMENTS FROM PROTESTERS WHO SUBMITTED A WRITTEN PROTEST Bruce Roen, Vice President of Roen Con- structio~ stated they protested on the grounds Alta Pacific did not list an electrical subcontractor. ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 3, 1986 Page 2 Michael Vale, Attorney for Mid State Electric, stated he concurred with the Roen protest. Doug Thomas, United Brotherhood of Car- penters & Joiners-Local Union No. 1789, stated basically everything concerning the protest had been covered with the correspondence sent to the District. Mr. Thomas requested copies of all correspondence the District had re- ceived from Alta Pacific. Mike Langton, Attorney for IBEW Local 401-Reno, Nevada, contended the con- tractor (Alta Pacific) did not have a proper license and requested to know what Exhibit Item 98, 9 and 32 were. Bob Baer read Items 8 and 32 aloud. Mike Langton also questioned Alta Pacific's intentions of paying the prevailing wage rates. Joe McNeil-Carollo Engineers, re- sponded to this question. Roger Thomas presented a petition to the Board to disallow the award of contract to Alta Pacific because of ".unfair bid practices." Dana Shelton spoke to the Board about her concerns that Alta Pacific might not be certified to train apprentices. Michael Shalet, apprentice trainer, Carpenters Local 1789-spoke. Main point seemed to be he felt union workers produced a higher quality job. At this point in the public comment period, no other people came forward from the audience. Chairman Wynn requested a representative for Alta Pacific speak to Board. Michael Minchella, attorney with the firm of Montelenoe & McCrory spoke representing Alta Pacific. He addressed the written protests on behalf of Alta Pacific. COMMENTS FROM PROTESTERS WHO SUBMITTED A WRITTEN PROTEST (continued) PUBLIC COMMENT ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 3, 1986 Page 3 Dan Porter questioned Alta Pacific's credibility. Knoll Walker questioned Alta Pacific's being a responsible bidder "if they have never had another job". Michael Minchella responded with Knoll Walker making rebuttal comments. Michael Langton, Attorney for IBEW Local 401-Reno, Nevada asked how Alta Pacific was going to respond to the State and Federal laws pertaining to the apprenticeship program. Jim Pelletier of Alta Pacific responded. John Weidman stated he was waiting for copies of exhibits being made at the District and requested a recess until they arrived. He thought it would be about 15 minutes. 4:30 P.M. 4:55 P.M. John Weidman turned the meeting over to Robert Thompson, Attorney for District. Robert Thompson requested Mr. Kral, Secretary of Alta Pacific Constructors and Attorney Minchella to come forward to the microphone to answer questions. Mr. Thompson proceeded to ask extensive and detailed questions regarding the MBE/WBE good faith positive efforts in Alta Pacific's goals. Attorney Weidman introduced Exhibits 40 through 45 into the record, excluding Exhibit 43. (Attachment No. 1) PUBLIC COMMENT (continued) RECESS PUBLIC COMMENT CONTINUED Mike Langton, Attorney for IBEW Local 401-Reno, Nevada questioned the history of Alta Pacific's officers and asked that consideration be given to the second lowest bidder based on Alta Pacific's qualifications. ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 3, 1986 Page 4 Jim Smolich, Attorney Local 185 Laborers asked the representatives of Alta Pacific who qualified their Bond and asked who was Mr. Walter Rados of Santa Ana. Attorney Minchella stated he did not know the indemnitor of the bond and felt the question was not relevant. Attorney Minchella identified the Rados brothers. Attorney Weidman and Joe McNeil of Carollo Engineers elaborated on the qualifications of Alta Pacific's officers and Mr. Mc Neil discussed the contacts he had made as references for Alta Pacific. Attorney Weidman introduced the McNeil reference memorandums and the Carollo 1/17/86 recommendation letter into the record (Item #43). Mrs. Don Garcia stated their company was a local MBE company and they had not been contacted by Alta Pacific. She stated other bidders had contacted them through Daily Construction Service. Robert Thompson questioned Mrs. Garcia about the listing of the Garcia company on other contact lists. Attorney Minchella and Mr. Kral of Alta Pacific responded to Mrs. Garcia's statements. Sandy Owens stated he felt Alta Pacific was going to deny the local people a chance to work on this project. Jim Pelletier of Alta Pacific stated two local subcontractors had been listed on the bid: Mr. Carlson, a local paver and Thomas Haen, a local contractor. Also listed was a sub out of Reno. Mr. Walker questioned Alta Pacific's in- tention of paying prevailing wage rates and how the District would monitor same. He stated he was not satisfied with the response of Mr. McNeil of Carollo En- gineers. PUBLIC COMMENT CONTINUED (continued) ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 3, 1986 Paqe 5 Doug Thomas, United Brotherhood of Car- penters & Joiners-Local Union No. 1789, elaborated on the complaint stated by Mr. Walker, above. Mr. Thomas also requested more information on the Rados Corporation and stated he had questioned their connection earlier to the Alta Pacific bid. Attorney Weidman asked if there was anyone in the audience who had any- thing to add to the proceedings. Since there was no response, Attorney Weidman stated he had no recommendation to make to the Board and didn't feel members of the staff had a recommendation either. He felt staff and the Board needed additional time to analyse further the extensive group of documents which were submitted. He suggested the matter be continued until Thursday, February 6, 1986. Chairman Wynn asked Attorney Weidman if he felt all evidence had been heard and that the hearing could be closed. Attorney Weidman answered he felt there might be additional documentation on the MBE/WBE issue, apprenticeship issue, and the local participation issue. Attorney Weidman asked if there were any questions of the Board. Director Mason stated he was still con- fused or at least not clear on the MBE/WBF goals and asked if they were mandatory by EPA. Attorney Thompson replied EPA does not state there need be goals on a par- ticular project, but that EPA policy stated good faith efforts be made. He further explained the State MBE/WBE system and said they were goals, not quotas. He also stated the obligations of the District to assure good faith efforts and referred to Clean Water Grant Bulletin No. 113. PUBLIC COMMENT CONTINUED (continued) ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 3, 1986 Page 6 Director Mason questioned Mr. Weidman about the apprenticeship participation issue and the equipment supplier listing. Attorney Weidman stated he needed more time to investigate the apprenticeship issue and that Alta Pacific would be required to supply Westinghouse equipment. Chairman Wynn asked if there were any other questions. Director Madden asked why there were no dollar amounts assigned to the subcontractors listed. Bill Ettlich of Culp/Wesner/Culp responded. He stated it was not a requirement for the bidder to list the value of each sub- contractor on the bid. Moved Olson/Second Jones/Passed Unan- imousl~ to adjourn meeting to Thursday, February 6, 1986, 1:00 P.M. 6:30 P.M. PUBLIC COMMENT CONTINUED (continued) BOARD ACTION ADJOURNMENT TO 2/6/86, 1:00 P.M., 1900 Lake Tahoe Blvd., City Services Center ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT Attachment No. 1 Board Minutes of 2/3/86 LIST OF EXHIBITS IN THE FINDINGS AND DETERMINATION DECISION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT EXHIBIT NO. 1 2 3 6 7 8 9 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. 1/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.] Agenda of 1/16/86 Board of Directors Meeting [Reserved.] [Reserved.] i 17 18 19 20 21 22 23 24 25 26 27 28 29 30 [Reserved.] 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) [Reserved.] 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 Letter from State Contractor's Licensing Board re: Alta Pacific (1/27/86) 32 Letter from Michael E. Langdon, Attorney for IBEW, received 1/29/86 33 Letter from Michael Minchella, Attorney for Alta Pacific (1/20/86) 34 35 Letter from Carpenters' Local 1789 (1/29/86) Letter from U.S. Dept. of Labor, Bureau of Apprenticeship'and Training (1/29/86) 36 Letter from Mike Minchelfa, Attorney for Alta Pacific, received 2/3/86 37 Declaration of Donald Kral, Secretary-Treasurer of Alta Pacific' Declaration of Janice K. Toki, employee of Alta Pacific 39 Declaration of Stacy Hewett, employee of Alta Pacific 40 September 1985 Caltrans MBE/WBE referral list 41 Caltrans referral list code key for crafts and counties 42 43 Caltrans District Map Memoranda of Joe McNeil, engineer for John Carollo Engineers, regarding investigation of Alta Pacific dated 1/15,161,303,31-Total of 10 Memos & 1/17/86 Carollo recommendation letter. ~ ' 44 45 Bid Specification Planholders List Alta Pacific's U.S. Small Business Administration MBE/WBE referral list iii BOARD MEETIN G GUEST SIGN-IN SHEET: ,NAME: ..... _:~_ . ~ NOTE: (please print) COMPLETION OF THE ABOVE INFO~TION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE. B 0 A R D.._M EE T IN G GUEST SIGN-IN SHEET: (please print) ..... NA~E'. ~0~ ~</ ~ ADDRESS: / NOTE: COMPLETION OF THE ABOVE INFORmaTION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE. South Tahoe PUD South Lake Tahoe, CA 95 7 05 STATE OF CALIFORNIA County of El Dorado am a citizen of the United States and a resident of the County foresaid: I am over the age of eighteen years, and not a part to or interested in the above entitled matter. I am e principal clerk of the printer of The Tahoe Daily Tribune - .:hoe Sierra Tribune a newspaper of general circulation, printed and published daily in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been ad- judged a newspaper of genera circulation by the Superior Court of the County of El Dorado, State of California, under the date of March 6, 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not 'n any supplement thereof on the following dates, to wit: 86 all in the year 19 I certify (or declare) under penalty, that the foregoing is true and correct. So Lake Tahoe · ,ted ot '~ ~ornia this 24t~ateof Janu~ry 86 Signature Public Hearing TO WHOM ff I"bkY.: CONCERN: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS' BEEN SCHEDULED FOR THE 3rd DAY OF February, 198~ 3:00 P.M. AT 1900 Lake ?ahoe ~,d. 5o. Lake Tahoe CA (City Cound Omnam) BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTLITY DIS, TRICT TO CONSIDER tt~ wrY-' of the Board related to t~e aw~t~ anI of the comtructk~ contra~ to Alta pacific .Com~uctx~ Inc~ for d~ Pant ~ Protect., CLERK OF ~OARD - SOUT~ TAHOE PUBLIC.: ''~ "~ UTILITY DISTRICT DATED:. 1/22/~ ' ' · ' 1-24-86 16061 , _.