Ordinance No. 143 - Retired2
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ORDINANCE NO. 143
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AWARDING CONTRACT --
DISPOSAL FACILITIES-INDIAN CREEK PIPELINE
WHEREAS, pursuant to order of this 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. 805, a Resolution of the Board of
Directors of South Tahoe Public Utility District Calling for
Notice to Contractors for Sealed Proposals for Construction of a
Public Utility Works - Disposal Facilities-Indian Creek Pipeline
and said bids were received and publicly opened, examined and
declared at 3:00 o'clock P. M. on May 10, 1967, at the time and
place stated in the advertisement therefore; and
W}~REAS, the total number of bids received and the
total computed amounts thereof as follows:
Hood Corporation
Whittier, California $
Leo L. Davis, Inc.
Fort Jones, California $
Cabildo Corporation
Santa Fe Springs, California $
Robert L. Helms Construction Co.
Reno, Nevada
Valley Engineers
Fresno, California $
Underground Construction Co.
San Leandro, California
Statewide Contractors, Inc.
Murray, Utah
Delzer Pipeline Construction, Inc.
Carmichael, California
TAB Construction, Inc.
Reno, Nevada
Matt J. Zsich
North Hottywo~d~ California
H. M. Byars Construction Co.
Reno, Nevada
773,848.00
883,926.60
1,104,125 · 88
l, , .20
1,162,188.40
1,196,998.00
1,203,031 · 20
1,220,446.80
1,246,OO5.00
1,372,151.OO
1,393,995-80
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and,
Ernest E. Pestana, Inc.
San Jose, California
$ 1,661,307.00
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WHEREAS, on Nonday, Nay 15, 1967, the~$outh Tahoe
Public Utility District received a telegram from the lowest
bidder as fallows: "Computation error made in bid. Desire
immediate meeting. Wire B N Laulhere President as to time and
place. H L Unmack Hood Corp 8201 South Sorenson Ave Whittier
Calif,,; and
WHEREAS, a meeting was held on the 17th day of Nay,
1967, between Hood Corporation and officials of the South Tahoe
Public Utility District and the results thereof have been
reported to the Board of Directors of South Tahoe Public Utilit~
District in open public session at their regular meeting of
Nay 18, 1967; and
WHEREAS, the Hood Corporation,s work sheets produced
at said meeting on the 17th day of Nay, 1967, disclosed each
item of work was carefully computed with definite unit prices,
and that all of the mathematical computations and extensions
were correct; and
WHEREAS, a pencilled note appears on the margin of one
job estimate sheet for labor, equipment and miscellaneous cost
for pipe size 18', & 21,,, depth 6' - 12', footage 63,809, which
said pencilled note appeared below the written total cost
estimate for said labor, equipment and miscellaneous and below
the breakdown of cost per foot for labor, equipment and
miscellaneous on said job sheet, and reads as follows: "? Risk
on Snow Covered Area 15,000, at 10'"; and
WHEREAS, the Hood Corporation at said meeting on the
17th day of Nay, 1967, alleged that there was an ommission of
a contingency item for risk on snow covered areas in the amount
of $150,000.00 and requested relief from their bid proposal; and
WHEREAS, there was no indication from said job estimate
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-'HN C~. WI~'IDMAN
'r'r~JRN~¥ AT LAW
sheet or any estimate summary or proposal or mathematical
computations or extensions of Hood Corporation, that said amount,
presumptively in the total amount of $150,000.00, was ever
intended by the Hood Corporation, as bidder, to be incorporated
into its bid, and there was no indication as to the item or
items of work the so-called Risk on Snow Covered Area was to
be added to; and
I~HEREAS, it is the opinion of this Board of Directors
that no mistake whatsoever was made by the Hood Corporation in
the preparation and submission of its bid Proposal, but in the
event that any mistake was made by the Hood Corporation, 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
WHEREAS, 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 would not be unconscionable; and
WHEREAS, 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, will be made
within 60 days after the opening of Proposals, and will be
subject to the availability of loan funds to the District from
the State of California under Chapter 47, Statutes of 1966 and
also subject to the approval of the Federal Water Pollution
Control Administration. 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
Contract to the next lowest responsible Bidder. Such an award,
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'~HN ~. WEIDMAN
if made, will be made within 75 days after the opening of
Proposals."
NOW, THEREFORE, BE IT ENACTED, by said Board of
Directors of South Tahoe Public Utility District, County of E1
Dorado, State of California, as follows:
1. Said Board of Directors does hereby award said
Contract for doing the work and improvements and furnishing
of materials, supplies and equipment necessary for construction
of the Disposal Facilities~Indian Creek Pipeline to the lowest
responsible Bidder to wit, Hood Corporation, 8201 South Sorenson
Avenue, Whittier, California, at the unit price of $773,848.00
named in its bid.
2. The President of said Board of Directors is
hereby authorized to make and enter into a written contract
with said successful bidder, Hood Corporation, and to receive
and approve all bonds in connection therewith and the 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 placed on
file with the District, when approval of the Contract award has
been made by the Federal Water Pollution Control Administration
and the availability of loan funds from the State of California
under Chapter 47, Statutes of 1966 has been confirmed.
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 ~hirty (30) days from the date of its passage, and
shall be published in The Tahoe Daily Tribune, a newspaper of
general circulation published in the District, one (1) time at
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JnHN 1:3. WEIDMAN
least seven (7) days prior to thirty (30} days from the date of
its adoption, and shall be effective when approval of said
Contract award has been made by the Federal Water Pollution
Control Administration and availability of loan funds to the
District from the State of California under Chapter 47, Statutes
of 1966, has been confirmed, and after the expiration of thirty
{30) days from the date of the adoption of this Ordinance.
PASSED AND ADOPTED by the Board of Directors of the
South Tahoe Public Utility District at its duly held regular
meeting on the 18th day of ~ay, 1967, by the following vote:
AYES: Directors Fesler, Wakeman, Kortes, Hegarty
and Melikean
NOES: None
ABSENT: None
R bert -~j Fe~ler, President of" th~
Board of Directors of South Tahoe
Public Utility District.
ATTEST:
DaVid'"'W.' Cai~ahan, Cl~'~k of' t~' Sou~h-'-
Tahoe Public Utility District and ex
officio Secretary of the Board of
Directors thereof.
(SEAL)
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,J ~3 H N ~-.
CERTIFICATE OF ORDINANCE
STATE OF CALIFORNIAI
COUNTY OF EL DORADO
I, the undersigned, do hereby certify that the above
is a true and correct copy of Ordinance No. 143, South Tahoe
Public Utility District, entitled "An Ordinance of the South
Tahoe Public Utility District Awarding Contract - Disposal
Facilities - Indian Creek Pipeline", and that said ordinance
was duly adopted by the Board of Directors of South Tahoe Public
Utility District on May 18, 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 18th day of
(SEAL)
May, 1967.
avid . alla an, er o t e
South Tahoe Public Utility Districi
and ex officio Secretary of the
Board of Directors thereof.
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CERTIFICATE OF POSTING
STATE OF CALIFORNIA )
) ss
COUNTY OF EL DORADO )
I, the undersigned, do hereby certify that I am the
Clerk and ex officio Secretary of the South Tahoe Public IYtllity
District,
8th
· this 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 Station Post Office.
One Copy at South Lake Tahoe, California,
Bijou Station Post Office
One Copy at South Lake ~Tahoe, California,
Tahoe Valley Station Post Office
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of the South Tahoe Public U'tility District this
County of ElDorado, State of California. On the
day of Iune 1967~ I posted the Ordinance No. 143 to which
8th
day of ~une, 1967.
DAVID %AZ. CALLAHAN, Clerk of the
South Tahoe Public I/~tility District
and ex officio Secretary of the Board
of Directors~ thereof.
(SEAL)
JI3HN I~. WEIDMAN
~'RVI CLE, CA