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07-13-88 Special MINUTES SPECIAL MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JULY 13, 1988 The Board of Directors of the South Tahoe Public Utility District met in a Special Session, July 13, 1988, 4:00 PM, 1900 Lake Tahoe Boulevard, City Council Chambers. BOARD OF DIRECTORS: Chairman Mason, Directors Jones, Olson, Walker, Sinclair STAFF: Cofer, Fischer, Mamath, Hrbacek, Attorney Weidman and Attorney Allison GUESTS: Attorney David Bader, Leigh Kincaid- Ford Construction Co.; Jim Pelletier- Alta Pacific Constructors; Bill Mar- shall, Bill Holmes-Union Represent- atives Attorney Weidman reviewed Page 5 of the minutes and discussed the court recording of the meeting. Moved Olson/Second Sinclair to accept the minutes as presented. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/Abstained Sinclair/Yes MOTION PASSED Presented by Attorney Weidman who stated he had talked with Director Jones (the original motion maker on 7/7/88) and it had been his (Jones) intention to include the adopting of the Findings as a part of his original motion approving Alta Pacific Con- structors as the lowest, responsive, responsible bidder, but the minutes and the transcripts did not reflect that. Attorney Bader representing Ford Con- struction, requested to be heard on the subject. He discussed the reasons why he felt the Board had made their de- cision to award to Alta Pacific. Director Jones responded to his com- ments. Attorney Bader read other findings he felt the Board should adopt rather ROLL CALL JUNE 24, 1988 ADJOURNED REGULAR BOARD MEETING MINUTES RESOLUTION NO. 2469 ADOPTING FINDINGS AND DETERMINATION DECISION OF SOUTH TAHOE PUD RE EPA PROJECT NO. C-06-1414-12, EMERGENCY RETENTION BASIN SEALING PROJECT SPECIAL BOARD MEETING MINUTES - JULY 13, 1988 ........... Page 2 than those shown in Resolution No. 2469. Director Walker questioned Attorney Weidman about the District being put into a compromising position if we were likely to have to pay for the whole project and what would be the responsibilities taken on by the District. Attorney Weidman said it was his understanding if the Board awarded to Ford, we would get no funding for the project. And stated that whether or not we agreed with Clean Water Grant Bulletin l13B, it was approved to be put in the Specs and that decision was made when the Board adopted Resolution No. 2460 and ap- proved the Plans & Specs. He stated, further, that on the request of the SWRCB he sent them his preliminary opinion based on the two bid protests. He advised the Board if they felt his findings were the appropriate findings, in Exhibit 36, then they should adopt Resolution No. 2469; if they feel they Mere not the appropriate findings, then they should consider other findings. Director Walker stated he would like to send a strong message to EPA protesting the need for the term "responsive" bidder taking pres- idence over "low" and "responsible" when the Board was considering who to award a bid to. Attorney Bader representing Ford Construction stated he felt his findings were more accurate than those presented in Resolution No. 2469. Moved Olson/Second Jones to Adopt Resolution No. 2469 Adopting Findings and Determination Decision re EPA Project No. C-06-1414-12, Emergency Retention Basin Sealing Project. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/Abstain, Sinclair/Abstain MOTION PASSED RESOLUTION NO. 2469 (continued) SPECIAL BOARD MEETING MINUTES - JULY 13, 1988 Paqe 3 Presented by Attorney Weidman who explained the need for the correction. Moved Jones/Second Olson to Adopt Resolution No. 2470 Correcting an Error in Numbering of Resolution No. 2467 and Confirming Award of Contract for Emergency Retention Basin Sealing Project No. C-06-1414-12. Vote: Jones/Yes, Olson/Yes, Mason/Yes, Walker/Abstain, Sinclair/Abstain MOTION PASSED 4:37 PM RESOLUTION NO. 2470 CORRECTING AN ERROR IN NUMBERING OF RESOL- UTION NO. 2467 AND CONFIRMING AWARD OF CONTRACT FOR EMERGENCY RETENTION BASIN SEALING PROJECT, NO. C-06-1414-12 ADJOURNMENT ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT BOA R~D .MEE TI'N G GUEST SIGN-IN SHEET: (please print) PHONE NUMBER: .NAME: ADDRESS: NOTE: COMPLETION OF THE ABOVE INFORmaTION TS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.