Ordinance No. 147 - Retired1
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drlHN ~. W~"IDMAN
"~'~I[~N~Y AT LAW
ORDINANCE NO. 147
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT AWARDING CONTRACT
IMPROVEMENT DISTRICT NO. U-1
MEYERS SEWER. SYSTEM~
SCHEDULE I( TRUNK AND BRANCH
SEWERS AND FORCE MAINS)
BE IT ENACTED by the Board of Directors of the South
Tahoe Public Utility District, E1 Dorado County, California, that
WHEREAS, pursuant to order of the Board of Directors
of the South Tahoe Public Utility District, County of E1 Dorado,
State of California, notice was duly given for receiving bids for
work under Resolution No. 811, a Resolution of the Board of
Directors of South Tahoe Public Utility District Calling for
Sealed Proposals or Bids for the Construction of Main and Branch.
Trunk Sewers, Pumping Stations and Force Mains, Manholes and
Appurtenances in accordance with the plans and specifications
therefore entitled "Meyers Sewer System" Schedule I and Schedule
II, and pursuant to order of said Board by said Resolution No. 839
a Resolution of the Board of Directors of South Tahoe Public
Utility District Extending Time For Delivery of Sealed Proposals
or Bids, South Tahoe Public Utility District, Improvement District
No. U-l, sealed bids or proposals for said Schedule I were
received and publicly opened, examined and declared by said
Board at 3:00 o'clock P. M. on June 8, 1967, at the time and
place called for by said resolutions; and
WHEREAS, all sealed proposals or bids so called for
were for the work to be done and improvements to be made, as
described and specified in Resolution of Intention No. 763
adopted by said Board of Directors on JanUary 19, 1967, as
amended, to which resolution reference is hereby made for a
description of the work and improvements to be done and the
materials, supplies and equipment to be furnished therefor;
and
kqiEREAS, the total number of bids received and the
total computed amounts thereof for said Schedule were as follows:
Statewide Contractors, Inc.,
an Idaho Corporation,
doing business in California
as Frontier Contractors Inc.
4475 South Main Street
Murray, Utah
Valley Engineers
Fresno, California
Tab Construction Co.
Reno, Nevada
Pestana, Inc.
San Jose, California
$ 1,116,050.00
1,533,711.00
1,836,910.00
$ 2,200,110.00
Robert L. Helms Construction Co.
Reno, Nevada $ 2,251,570.00
WHEREAS, on june 8, 1967, after said bids were received
and publicly opened, examined and declared, the President of
Statewide Contractors, of Murray, Utah~ by telePhone conversatior
to the District alleged in substance that said Statewide
Contractors may have made an error in their bid proposal; and
WHEREAS, on June 9, 1967, the President of Statewide
Contractors by telephone conversation to the District alleged a
mistake in its bid proposal, requested relief therefrom, and a
meeting with the District in connection therewith; and
WHEREAS~ a meeting was held on Tuesday, June 13, 1967,
between statewide Contractors and officials of soUth Tahoe Public
Utility District and the results thereof have been reported to
the Board of Directors of said District in open public session
at their regular meeting of June 15, 1967; and
WHEREAS, Statewide Contractors alleged at said meeting
on June 13, 1967, that it assumed in the preparation and submissio
of its bid proposal that the Upper Truckee Sewer was to be
constructed at the same level as the Luther Pass Force Main which
is located in the same sewer line easement; and
WHEREAS, subsequent to the opening of said bid proposals
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JDHN 13. WEIDMAN
Statewide Contractors discovered that the Upper Truckee Sewer
was 3 feet lower in elevation than said Luther Psss Force ~v~ain;
and
~fHEREAS, Statewide Contractors alleged at said meeting
on June 13, 1967, that after submitting its bid propossl snd
discovering it was iow bidder for said construction, it discovere<
for the first time that the Upper Truckee Sewer was 3 feet lower
in elevation than said Luther Pass Force Main; and
WHEREAS, the plans and specifications and drawi~[gs
in possession of Statewide Contractors prior to the preparation
of its bid proposal clearly show that the Upper Truckee Sewer
is 3 feet lower in elevstion th~n said Luther Pass Force Main;
and
WHEREAS, Statewide Contractors alleged that at said
meeting on June 13, 1967, that it assumed in the preparation of
its bid that there would be no water problem in the excavation
for the installation of said Upper Truckee Sewer based upon
inquiries to persons with knowledge o£ underground sewer
construction in the area and with experience in similar
construction in said srea; and
'~HEREAS, Statewide Contractors alleged at ssid meeting
on June 13, 1967, that after the opening of said bids and
sscertaining that it was the low bidder for said construction,
that it discovered by the drilling of 5 test holes in the area o£
construction of said Upper Truckee Sewer that there would be a
water problem in the excavation and installation of said sewer
at the level of the sewer line which would require allegedly
substantial additional costs for well-pointing not contemplated
or included in its bid proposal; and
~',~[EREAS~ the deterr~in,~tio~ of the water level by
test holes could have been determined by Statewide Contractors
prior to the making and submission of its bid proposal and
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JOHhl C. WEIDMAN
should have been so done; arid
W~ER~S, Statewide Contractors alleged at said meeting
of June 13, 1967, that prior to the submission of its bid
proposal it assumed the stream run off and water table level
in the year 1966 would be similar to the stream run off and
water table level in the year 1967, but made no inquiries or
investigation in relation thereto; and
WHEREAS, Statewide Contractors alleged at said meeting
June 13, 1967, that after the opening of its bid proposal and
ascertaining that it was low bidder for said construction, it
_made inquiry of Geologic Survey and Stream Run Off Forecast
available and determined that there would be a late stream run
off in the year 1967, in the construction area for said Upper
Truckee Sewer compared to the stream run off in the year 1966
and thereby it alleged at said meeting that the high water and
water table during the 1967 construction season would require
some substantial additional cost for well-pointing not
contemplated or included in its bid proposal; and
WHEREAS, said Geologic Survey and Stream Run Off
Forecast information was available to Statewide Contractors
prior to the submission of its bid proposal but it made no
inquiry thereof; and
~EREAS, at said meeting on June 13, 1967, Statewide
Contractors requested a relief from its bid proposal on the
ground of the alleged above mistakes; and
WH{EREAS, it is the opinion of this Board of Directors
that no mistake whatsoever was made by Statewide Contractors,
Inc. in the preparation and submission of its Bid Proposal,
but in the event that any mistake was made by said Statewide
Contractors, Inc., such mistake was in the category of an
error in judgment and not a mathematical error and is a mistake
of such patent carelessness as to amount to gross negligence
and a neglect of legal duty; and
I~'t-[ERF~,S, the range of bids did not disclose such a
variance to put the District on notice that any' kind of an
error had been made, and the enforcement of the contract in
terms of the bid as presented by Stat,wide Contractors, Inc.,
would not be unconscionable; and
~v~EREAS, all bid Proposals were subject to the
following terms and conditions:
"The award of Contract, if it be awarded, will be to
the lowest responsible Bidder whose Proposal complies with
the requirements set forth herein. The award, if made, ~'ill
be made within 30 days after the opening of Proposals. In
the event of failure of the lowest responsible Bidder to sign
and return the Contract with acceptable bonds as prescribed
herein, the Owner may award the Contr,.ct to the next lowest
responsible bidder. Such ah award, if made, will be made
within 45 days after the opening of Proposals."
NOi~~, THEREFORE, IT IS ORDERED, as follows:
1. Said Board of Directors of South Tahoe Public
Utility District does hereby award said Contract for doing
the work and improvements and furnishing of materials, supplies
and equipment necessary for the construction of Schedule I~.ieyer..
Sewer System~Improvement District No. U-l, Trunk and Branch
Sewers and Force Mains, to the lowest responsible Bidder to
wit, Stat,wide Contractors, Inc., an Idaho Corporation, doing
business in California as Frontier Contractors, Inc., ~474 South
Main Street, Murray, Utah, at the unit price of ~1,116,0~0.00
named in its bid.
2. The President of said Board of Directors is
hereby authorized to make a~d enter into a written contract
with said successful bidder, Stat.wide Contractors, Inc., and to
receive and approve all bonds in con~ection therewith, and the
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-1[:3HN 13. WEIDI',4AN
ATTOI~NI~Y AT LAW
Clerk is hereby directed to attest to said President'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
plsced on file with the District.
3. Said Board hereby further considers all remaining
bid proposals that were publicly opened, examined and declared
and does not reject any of said proposals or bids.
4. Upon adoption, this Ordinance shall be posted in
three {3} public places at least seven (7} days prior to the
expiration of thirty (30) days from the date of its passage,
and shall be publisLed in the Tahoe Daily Tribune, a newspaper
of general circulstion published in the District, one (1} time
at least seven (7) days prior to thirty (30} days from the
date of its adoption, and shall be effective thirty (30) days
from the date of the adoption of this Ordinance.
PASSED AN]] ADOPTED by the Board of Directors of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT at its duly held regular
meeting on the 15th day of June, 1967, by the following vote:
AYES: Directors Fesler, Wakeman, Kortes, Hegarty
and l~:elikean
NOES: None
ABSENT: None
......... ·, ~'~-~
Robert W. Fesler, President ~f
Board of Directors of South Tahoe
Public Utility District.
ATTEST:
David W. Callahan, Clerk of ~~th
Tahoe Public Utility District and ex-
officio Secretary of the Board of
Directors thereof.
( S~AL )
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JaHN ~3. WEIDMAN
CERTIFICATE OF ORDINANCE
STATE OF CALIFORNIA)
) SS.
COUNTY OF EL DORADO)
I, the undersigned, do hereby certify that the above
is true and correct copy of Ordinance No. 147, South Tahoe
Public Utility District, entitled "AN ORDINANCE OF THE SOUTH
TAHOE PUBLIC UTILITY DISTRICT AWARDING CONTRACT-IMPROVEMENT
DISTRICT NO. U-I-MEYERS SEWER SYSTEM-SCHEDULE I (TRUNK AND BRANCH
SEWERS AND FORCE MAINS) and that said ordinance was duly adopted
by the Board of Directors of South Tahoe Public Utility District
on June 15, 1967, the original of which is on file in the office
of South Tahoe Public Utility District.
IN WITNESS WHEREOF, I have set my hand and the seal
of the South Tahoe Public Utility District, this 15th day of
June, 1967.
(SEAL)
David W. Call'~han', Clerk of the South'
Tahoe Public Utility District and ex
officio Secretary of the Board of
Directors thereof.
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JmHN ~. WEIDMAN
CERTIFICATE OF POSTING
STATE OF CALIFORNIA
COUNTY OF EL DORADO
SS.
I, the undersigned, do hereby certify that I am the Clerk
and ex officio Secretary of the South Tahoe Public Utility
District, County of E1 Dorado, State of California. On the
day of ~July~ 1967, I posted the Ordinance No. 147 to which the
Certificate is attached by posting a full, true and correct copy
thereof in each of the following three {3) public places within
'the District boundaries, to wit:
One copy at South Lake Tahoe, California, Stateline
Statior :. Post Office;
One copy at South Lake Tahoe, California~ Bijou Station
Post Office; and
One copy at South Lake Tahoe, California, Tahoe Valley
Station Post Office.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and a£fixe~ the seal of the South Tahoe Public Utility District
this_~_~day of July, 1967.
Tahoe Public Utility District and ex
{SEAL) officio Secretary of the Board of
Directors 'th er eof.