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06-24-88 AdjournedMINUTES ADJOURNED MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 24, 1988 The Board of Directors of the South Tahoe Public Utility District met in an adjourned session, June 24, 1988, 4:00 PM, 1900 Lake Tahoe Boulevard, City Council Chambers. BOARD OF DIRECTORS: Chairman Mason, Directors Jones, Olson, Sinclair, Walker ROLL CALL STAFF: Cofer, Baer, Mamath, Hrbacek, Miller, Plasterer, Hydrick Attorney Weidman and Attorney Allison GUESTS: John Fraser, Richard Solbrig, Frank Melior-John Carollo Engineers; Paul Keiran-SWRCB; Tom & Beth Haen; Patrick Duffy, Don Kral-Alta Pacific Construc- tors; Leigh Kincaid, David Bader-Ford Construction; Marvin Meier-Dutra Con- struction; Doug Thomas-Local Carpenters Union; Del Munro; Larry Edginton; Bill Marshall; Bill Holmes; and other members of the public who did not choose to sign attendance list. Presented by Attorney Weidman who acknowledged the various members of the audience and the companies they represented and advised Chairman Mason as to the format to follow for the meeting. EMERGENCY RETENTION BASIN SEALING SYSTEM CONSTRUCTION CONTRACT The following members of the audience spoke to the Board: 1) John Fraser, John Carollo Engineers, reviewed the bid opening on June 2, 1988. 2) Attorney Weidman read the list of 40 exhibits he wanted introduced into the record and indicated he had given the 40 exhibits to Ford Construction and gave a set to Tom Haen at the meeting. (a copy of the exhibits is made a part of these minutes by reference herein) ADJOURNED BOARD MEETING MINUTES - JUNE 24, 1988 Page 2 3) John Fraser stated the reasons for the need of Addendums 2 & 3 to the Contract Documents; John Weidman explained the need for Addendum 4 and elaborated on the need for the Dutra Construction Positive Effort documen- tation. John Fraser stated the reason for Exhibit 35, the exhibit which re- ferred to Addendum 2 & 3. 4) Beth Haen, representing Thomas Haen Construction, spoke to the Board about their Bid Protest. 5) Attorney David Bader, representing Ford Construction, stated the reasons they felt Ford should be awarded the Bid. Attorney Allison, Graham & James, ex- plained the EPA regulations regarding MBE/WBE positive effort rules. Attorney Weidman read the positive effort steps listed in Clean Water Grant Bulletin l13A. Attorney Bader said they had exceeded the goals of both MBE and WBE (36%/WBE and 5.2%/MBE) 6) Attorney Patrick Duffy, representing Alta Pacific Constructors, stated the reasons they felt Alta Pacific should be awarded the Bid instead of the low bidder, Ford. Chairman Mason asked for a definition between "responsive" and "responsible" bidder. Attorney Allison responded. At%orney Duffy also spoke to the Haen protest. Director Jones asked Mr. Duffy what the MBE/WBE percentages were for Alta Pacific. He responded MBE/1.9% and WBE/1.4%. 7) Mr. Marvin Meier, representing Dutra Construction, stated he would like to have his firm considered for the award of the contract because of the problems with the other bids. EMERGENCY RETENTION BASIN SEALING SYSTEM CONSTRUCTION CONTRACT (continued) ADJOURNED BOARD MEETING MINUTES - JUNE 24, 1988 Page 3 8) Paul Keiran, SWRCB Project Coord- inator elaborated on EPA's concerns re MBE/WBE positive efforts. He responded to questions from the Board and members of the audience and affirmed the need for the bidders to show they had made a positive effort toward subcontracting to MBE/WBE firms by going through the steps outlined in Clean Water Grant Bulletin l13A. Attorney Bader read an excerpt from Public Contract Code 2000 which stated in part the Contractor may meet the MBE/WBE goals OR make a good faith effort. Attorney Weidman responded by saying Contract Code 2000 was not re- quired specifically in the Bid Docu- ments and we didn't give the alternative with all the steps in 2000 so it could not be construed it applied to the project. 9) Doug Thomas asked Paul Keiran what the word "preliminary" finding meant and wondered if SWRCB might change their finding. Keiran said he didn't believe so. Director Jones questioned if there was additional information to be sent to SWRCB which might change their decision. Attorney Weidman in- dicated the only information they did not have was additional proof of the positive efforts made by Alta Pacific. 10) Larry Edginton, International Union of Operating Engineers, Local No. 3, spoke to the Board regarding his opinion about the understandability of the bid documents. 11) Don Kral, Alta Pacific Constructors spoke to the Board regarding their past work history and their contribution to the local areas' economy. He read a 6/22/88 letter form Crest Liners, Inc. (Introduced into the record as Exhibit No. 41) re their non-union status. He further commented on Crest Liners' status as a WBE in response to a question by Attorney Weidman. EMERGENCY RETENTION BASIN SEALING SYSTEM CONSTRUCTION CONTRACT (continued) ADJOURNED BOARD MEETING MINUTES - JUNE 24, 1988 Page 4 12) Doug Thomas gave a rebuttal to statements made by Don Kral. 13) Bill Holmes stated he was assured Ford Construction would hire local workers on this job. 14) Leigh Kincaid of Ford Construction spoke about the Alta Pacific bid on Contract No. 1. She further explained Ford's bid background and their reason- ing for their MBE/WBE participation activities. 15) Patrick Duffy responded to comments made by Leigh Kincaid. 16) David Bader stated form 1-B was an EPA form which the state adopted, but EPA no longer used. 17) Beth Haen stated the reason they filed the protest was to have a clear understanding of the MBE/WBE require- ments and if they could get that in- formation in writing they would with- draw their formal protest. 18) Marvin Meyer stated his feelings, also, about the clarity of the bid documents. 19) Manager Cofer pointed out 3 of the 4 bidders included Form 1-B with their bids and further stated if we accept grant monies we have to abide by EPA rules. 20) Attorney Weidman reviewed the options open to the Board regarding the award of the bid and gave his recommendation. He also stated there were other considerations, namely the ERB odor problem with the County Air Board. Chairman Mason questioned Attorney Weidman about Mr. Bader's statement about the documentation for positive effort was not needed if the goals were met. Attorney Weidman stated that was where the contractors could have been confused and discussed how this confusion came about. EMERGENCY RETNETION BASIN SEALING SYSTEM CONSTRUCTION CONTRACT (continued) ADJOURNED BOARD MEETING MINUTES - JUNE 24, 1988 Page 5 Moved Olson/Second Jones to accept the findings of Exhibit 36 determ- ining Alta Pacific as the lowest, responsive, responsible bidder. Vote: Jones/Yes, Olson/Yes, Mason/No, Walker/No, Sinclair/No MOTION DEFEATED Moved Walker/Second Sinclair to send additional information to the SWRCB and ask for a final review of these ducuments prior to award of bid. Board members discussed the second motion. Comments were also made by John Weidman, David Bader, Patrick Duffy, Mr. Allison, Doug Thomas and Manager Cofer. Director Walker withdrew his motion. Moved Olson/Second Jones that Alta Pacific is the lowest, responsive, responsible bidder. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/Abstained, Sinclair/Yes MOTION PASSED Moved Jones/Second Olson to con- ditionally award the construction contract to the Emergency Retention Basin Sealing System to Alta Pacific Constructors by Resolution No. 2460. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/No, Sinclair/Yes MOTION PASSED Presented by Manager Cofer Moved Olson/Second Sinclair to approve John Carollo Engineers Task Order No. 8G for revisions to the present O&M Manual in an amount not to exceed $6,975. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/Abstained, Sinclair/Yes MOTION PASSED EMERGENCY RETENTION BASIN SEALING SYSTEM CONSTRUCTION CONTRACT (continued) A) B) EMERGENCY RETENTION BASIN SEALING SYSTEM O&M MANUAL 6:48 PM ADJOURNMENT ADJOURNED BOARD MEETING MINUTES - JUNE 24, 1988 Page 6 ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH, CL~R~ OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD MEETING Date: GUEST SIGN-IN SHEET: (please print) PHONE NUMBER: 'NAME: ADDRESS. NOTE: COMPLETION OF THE ABOVE INFORmaTION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.