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Ordinance No. 333 - Retired1 2 3 4 5 ORDINANCE NO. ~55 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AWARDING CONTRACT - COLLEGE WELL, PHASE III, WELL HOUSE, EQUIPMENT, OFF-SITE - BID NO. 81-82-27, SOUTH TAHOE PUBLIC UTILITY DISTRICT 6 WHEREAS, pursuant to order of this Board of Directors of ? the South Tahoe Public Utility District, County of E1 Dorado, 8 of California, notice was duly given for receiving bids for College 9 Well, Phase III, Well House, Equipment, Off-Site, Bid No. 81-82-27, 10 South Tahoe ~ablic utility District, and nine (9) bids were re- 1! ceived at the time and place specified, at 2:00 P.M. on Thursday, 12 MarCh ll, 1982, and publicly opened; and, 13 WHEREAS, WES Construction Company, Inc. DBA Walker- 14 Etcheberry bid determined by the combination of Bid Items No. 1 15 and Neo 2, plus Bid Item No. 3B as selected by the owner, and Bid 16 Items No. 4 and No. 5, and authorized by the Bid Form, was 17 $~19,375.00, not $418,685.00, as totaled on a surplus line of said 18 bid; and, 19 WHEREAS, F & M Engineering Contractors, Inc. bid deter- 20 mined by the combination of Bid Items No. I and No. 2, plus Bid 21 Item No. 3B as selected by the owner, and authorized by the Bid 22 Form, and Bid Items No. 4 and No. 5, was $419,700.00; and, 23 WHEREAS, South Tahoe Construction Co Inc bid determined 24 by the combination of Bid Items No. i and No. 2, plus Bid Item 25 No. 3B as selected by the owner, and authorized by the Bid Form, 26 and Bid Items No. 4 and No. 5, was $559,192.00; and, 27 WHEREAS, WES Construction Company, Inc. did not attend 28 the pre-conference, as required in the advertisement for bids for 29 all prospective bidders; and, 30 WHEREAS, WES Construction Company, Inc. did not comply 3! with Section B-14., Instructions to Bidders, in that it removed 32 the bid form from the bound copy of Contract Documents, and JOHN C. WEIDMAN AI'TORNEY AT LAW PLACERVILLE, CA 95667 622-5260 ! further did not submit the bound copy of Contract Documents with 2 its bid; and, 3 WHEREAS, WES Construction Company, Inc. did not comply 4 with Section llA - Deep Well Turbine Pump and Appurtenances, in § not submitting, with its proposal, certified dimensional and cross 6 sectional drawings, one laboratory performance and one field per- ? formance curve, each showing the dynamic head, input horsepower, 8 efficiency, and net prospective suction head requirements over the 9 full range of the pump capacity, including performance curves sub- 10 mittal sheets, which summarize performance characteristics, thrust 1! loadings, losses, and other pertinent data of the design capacity 12 and dimensional drawings for said Deep Well Turbine Pump; and, WHEREAS, WES Construction Company, Inc. did not list the 14 name of the sub-contract supplier of services under List of 1§ Materials, Item No. 5, for Well Equipment Installer; and, !6 WHEREAS, WES Construction Company, Inc. has informed 17 Consulting Engineer, Culp, Wesner & Culp, for South Tahoe Public 18 Utility District, that it does not intend to perform the work 19 services of Item No. 5 Well Equipment Installer, but that a sub- 20 icontractor, Resources Development Company, would perform such 21 services; and, 22 WHYS, said Consulting Engineer of District has advised 23 that the total work services of a sub-contract Well Equipment 24 Installer are in excess of one-half of one percent (1%) of WES 2§ Construction Company's total bid; and, 26 WHEREAS, the performance of Well Equipment Installer 2? services by Resources Development Company under a sub-contract WES Construction Company, Inc., as proposed by said WES Con- 29 ~truction Company, Inc., would violate the provisions of the sub- 30 letting and sub-contracting law specified in*the Government Code; 31 and, 32 WHFPd~AS, WES Construction Company, Inc. has not sub- JOHN C. WEIDMAN ATTORNEY AT LAW PI..ACERVILLE, CA 95667 622-5260 - 2 - mitred to the District facts that the performance of Well EG Installer services by Resources Development Company is required by and would constitute a case of public emergency or necessity, and, WHEREAS, South Tahoe Construction Co Inc did not comply with Section llA - Deep Well Turbine Pump and Appurtenances, in not submitting, with its proposal, certified dimensional and cross ~tional drawings, one laboratory performance and one field per- formance curve, each showing the dynamic head, input horsepower, efficiency, and net prospective suctiQn head requirements over the full range of the pump capacity, including performance curve sub- mittal sheets, which summarize performance characteristics, thrust 12~ loadings, losses, and other pertinent data of the design capacity and dimensional drawings for said Deep Well Turbine Pump; and, WHEREAS, it cannot be determined from the Bid Items Nos. l, 2, 3A, 4 and 5 of the bid of South Tahoe Construction Co Inc ~6 that its bid for said items is $426,892.00, nor can it be deter- ~? mined from Bid Items Nos. l, 2, 3B, 4 and 5 of the bid of South ~8 Tahoe Construction Co Inc that its bid for said items is ~9 ~892.00; and, 20 WHEREAS, the Consulting Engineer of District has reported 2! the basis of preliminary excavation that no rock excavation is 22 anticipated to be encountered; and, 23 WHEREAS, said Board of Directors at its regular meeting 24 )f March 18, 1982, after a review of all of the bids received, 2§ ietermines that irregularities in the bids of WES Construction 26 Company, Inc., and SoUth Tahoe Construction Co Inc shall not be 27 ; and, 28 ~HEREAS, the lowest, responsive, responsible bid for the 29 is F & M Engineering Contractors, Inc. 30 NOW, THEREFORE, BE IT ENACTED by the Board of Directors 31 of the South Tahoe Public Utility District, County of E1 Dorado, 32 State of California, as follows: JOHN C. W£1DMAN ATTORNEY AT LAW $~B MAIN ~TREEI' pLAC;'.='RVILLE, CA 95667 622-5260 -3- ! 1. Said Board of Directors does hereby determine that 2 bid of F & M Engineering Contractors, Inc., 140 Ingalls Street, S Santa Cruz, California, 95060, is the lowest, responsive, responsi- 4 ble bidder for doing the work and improvements and furnishing the § materials, supplies, and equipment necessary for the construction 6 of the College Well, Phase III, Well House, Equipment, Of~-Site, ? Bid No. 81-82-27, South Tahoe Public Utility District. $ 2. Said Board of Directors does hereby award said con- 9 tract for doing the work and improvements and furnishing the !0 materials, supplies and equipment necessary for construction of 1! the College Well, Phase III, Well House, Equipment, Off-Site, Bid 12 No. 81-82-27, South Tahoe Public Utility District, to F & M Engin- !S eering Contractors, Inc., at the price.named in its bid for Bid 14 Items No. l, No. 2, No. 3B, No. 4, and No. 5 of Four Hundred Nine- 1§ teen Thousand, Seven Hundred Dollars ($419,700.00). !6 3. The President of said Board of Directors is hereby 17 ~ized to make and enter into a written contract with said 15 ;uccessful bidder, F & M Engineering Contractors, Inc., and to 19 ~eive and approve all bonds in connection therewith, and the 20 is hereby directed to attest to said President's signature 21 and affix thereto the corporate seal of said District, all in 22 accordance with the plans and specifications, and the special con- 2S and notice to bidders thereto approved and placed on file 24 the District. 25 4. Upon adoption, this Ordinance shall be posted in 26 three (3) pubtic ptaces.~at least ~even (7,) days prior to the expir- 27 ation of thirty (30) days from the date of its passage, and shall 28 published in the Tahoe Daily Tribune, a newspaper of general 29 :irculation published in the District, one (1) time at least seven 30 7) days prior to thirty (30) days from the date of its adoption. B1 32 JOHN C. W£1DMAN ATTORNEY AT LAW $2S MAIN STREET FILACERVILLE, CA 95667 622-5260 -4- ! PASSED AND ADOPTED by the Board of Directors of the South 2 Tahoe Public Utility District at its duly held adjourned regular 3 meeting on the 18th day of March, 1982, by the following vote: Directors Jones, Olson, Wynn, and Madden AYES: NOES: ABSENT: 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 15 16 17 18 None Director Kashuba J~s R. j~nt of the ~0ard of Dire~1~ors of South Tahoe Public Utility District M~y DJA~bro~e~-Clerk os ~n~ t South ~ahoe Public Utility Distric and ex officio Secretary of the ~oard of Directors thereof. 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 .JOHN C. W£1DMAN PLAC~'RVtLL.~, CA 95~67 622-5260 -5- JOHN C. ',,X/EIDMAN ATTORNEY AT LAW March 17, 1982 325 HAIN STREET PLACERVILLE, CALIFORNIA 95667 TELEPHONE 622-5260 Mr. James R. Cofer General Manager and Mr. Robert Baer Assistant District Engineer South Tahoe Public Utility District P. O. Box AU South Lake Tahoe, CA 95705 and Mr. William Ettlich Culp, Wesner & Culp P. 0. Box 518 Cameron Park, CA 95682 Re: Ordinance No. 353 An Ordinance of the South Tahoe Public Utility District Awarding Contract - College Well, Phase III, Well House, Equipment, Off-Site - Bid No. 81-82-27, South Tahoe Public Utility District Dear Messrs. Corer, Baer and Ettlich: Enclosed please find a copy of proposed Ordinance No. My research of the law indicates that the District can or cannot waive irregularities and waiver is discretionary. There are certain irregularities in the bid of WES Construction Company, Inc. as outlined in the proposed 0rdin- ance. These include failure to attend the pre-bid conference, failure to submit pump curves, and failure to attach the bound copy of the Contract Documents with its bid. More important, insofar as'the propriety of the bid of WES Construction Company, Inc., is the' fact that it did not list a sub-contractor services for "Well Equipment Installer". The sub-contracting law provides that under such circumstances, where the work exceeds one-half'of 1% of the total bid (Bill Ettlich has so advised), that the contractor agrees that he is fully qualified and will perform the work himself (Section 4106 of the Government Code). - 2- WES Construction Company, Inc. has advised Bill Ettlich that it has no intention of performing this work itself, but will have Resources Development Company do the work. Thus, a substantial portion of the contract work would really be with Resources Development Company, who is not a listed sub-contractor. The failure to list the sub-contractor for the ser- vices of "Well Equipment Installer" is not a case involving substitution of the contractor listed in Section 4107 of the Government Code, as was the recent situation with the Thomason Head Start Contract. There is no listed sub-contractor in the WES Construction Company, Inc. bid. Also, sub-contracting of the "Well Equipment Installer" work by WES Construction Company, Inc. to Resources Development Company is not permitted by the sub-contractor law, except in cases of public emergency or necessity, andthen only after a finding has been reduced to writing as a public record of the District setting forth the facts constituting the emergency or necessity (Section 4109 of the Government Code). No such facts have been communicated to the District prior to consideration of award which would justify a public emergency or necessity finding. Furthermore, if there is a violation of the sub- contracting law, the District has the right to cancel the con- tract or assess a penalty~of not more than 10% of the sub- contractor work involved (Section 4010 of the Government Code). Finally, violation of the sub-contractor law will give rise to a violation of the license of WES ConStruCtion Company, Inc. (Section 4011 of the Government Code). There is an ambiguity, which can be construed as an irregularity, in the bid of South Tahoe Construction Co Inc, who claims that its price for Items No. 1, No. 2, No. 3A, No. 4, and No. 5 is $426,892.00, and if we deduct $20,000.00 for Item No. 3A in the bid and use Item No. 3B, its bid would be low at $406,892.00. The main problem with the South Tahoe Construction Co Inc bid is that it cannot clearly be determined whether Item No. 3A or No. 3B is specified in the $426,892.00 total. Still another problem with the South Tahoe Construc- tion Co Inc bid is that the bid computations, as required by the bid form doc~,ments, are not to be from a total, but from the summary of items, No. l, No. 2, No. 4, No. 5, and either No. 3A or No. 3B, as selected by the owner. The owner selected No. 5B. The total bid of South Tahoe Construction Co Inc, as computed pursuant to the bid documents, is $559,192.00. -3- Furthermore, there is an irregularity of the pump curve information not being submitted with the bid proposal of South Tahoe Construction Co Inc. The Consulting Engineer did have the pump curve information from Pereless ~,mps, who were listed as the well pump suppliers in the South Tahoe Con- struction Co Inc bid, but these curves were not submitted with the South Tahoe Construction Co Inc bid. It is my opinion that we should not waive any irregu- larities in this circumstance, where there are irregularities in two bids, and one bidder has a bid without irregularities, and complied with all of the bid instructions. In addition to this, the District can determine whether or not to waive irregularities on Other relevant con- siderations. One is that the Well Equipment Installer and supplier is Luhdorff, with whom the District has had very favorable performance experience in the F & M bid. Yours very truly, JCW:Jb Eno. Sewer . 1950 . Water A PUBLIC AGENCY P.O. BOx AU South Lake Tahoe, California 95705 Phone (916) 544-6474 1275 Meadow Crest Drive March 22, 1982 PRE5~DEf~T JAMES R JO~*4ES DIRECTORS WALTER"NEAL"OLSO~4 LORRENE KASHUBA MrCKEY MADDEN JOHN WYNN Tahoe Daily Tribune P.O. Box 1358 South Lake Tahoe, CA 95705 Gentlemen: Attached is a copy of our ORDINANCE NO. 333. Please publish on the 2nd of APRIL 1982, one time only. Also send copy of Affidavit of Publication for date published. Thank you. Very truly yours, SOUTH TAHOE PUBLIC UTILITY DISTRICT Mary D./Ambrose Clerk of Board mda Encl AFFIDAVIT ~. ~oSTiNG ORDIN/~CE NO. 3 3 3 STATE OF CALIFORNIA COUNTY OF EL DORADO ) )ss ) BOB E. EPPLER ,being.first duly sworn, deposes and says: That for and on behalf of the Clerk and ex- Officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT affiant posted copies of ORDINANCE NO. 333 in form attached hereto and by reference made a part hereof, in three public places in the District, as follows: 1. City Of South;'.Lake Tahoe A~ministration Bldg. South Lake Tahoe, Ca. 2. Bijou Post Office Station South Lake Tahoe, California 3. Tahoe Valley Post Office Station South Lake Tahoe, California day of That said posting was completed on the Subscribed and swovn to before me this C,w. ~ ay of ~t~ry ~b~ic in ahd for the Count~ of E1 Dorado, State of California. My co~ission expires 11/19/82. My Co~ission Expires 11/19/~2. AFFIDAVIT OF PUBLICATION South Tahoe PUD AffidavitofPublication of Post Office Box AU South Lake Tahoe, Ca 95705 ord 333 STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resicie~? the County foresaid: I am over the age of eighteen years, and not a part to or interested in the abo,,e. entitled matter. I am the principal clerk of the printer of The Tahoe Daily Tribune - Tahoe Sierrd Tribur~e newspaper of general circulation, prin~ed and published daily in the City of South Lake To, hoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, St~;te 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 titan nonpareil), has been published in each reguio~ and entire issue of said newspaper and not supplement thereof on the following dote~ april 2 all in the year 19 82 ~ certify (or declare) under penalty of the foregoing is true and correct. Dated at South Lake Tahoe Calif~ this 2nd dat~0.~ april