Ordinance No. 313 - RetiredORDINANCE NO. 313
2
3
4
5
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AWARDING CONTRACT -
HEADSTART PROGRAM IMPR~MENTS, PHASE I, GRANT
PROJECT NO. C-06-1~1~, WASTEWATER RECLAMATION
PLANT, SOUTH TAHOE PUBLIC UTILITY DISTRICT
6
7 WHEREAS, pursuant to order of this Board of Directors
8 of the South Tahoe Public Utility District, County of E1 Dorado,
9 State of California, notice was duly given for receiving bids for
10 Headstart Program Improvements, Phase I, Grant Project No.
11 C-O6-1~l~, Wastewater Reclamation Plant, South Tahoe Public
12 Utility District, and three (3) bids were received at the time
13 and place specified, at 2:00 P. N. on Tuesday, June 3, 1980, and
14 publicly opened; and
WHEREAS, a fourth bid of W. R. THONASON, INC., was
15
16 received, the time of receipt being in dispute, and the issue of
time of receipt of said bid was referred to said Board of
17
for determination; and
WHEREAS, said Board of Directors, after public hearing
and notice thereof to all interested parties, determined on June
18
19
20
21
22
23
24
12, 1980, that said bid of W. R. THOMASON, INC., was timely
received and ordered the same opened and read on June 12, 1980;
and
WHEREAS, the lowest, responsive, responsible bid:for- ~
t. he work is W. R. THOMASON, INC,
25
NOW, THEREFORE, BE IT ENACTED by the Board of Directors
26
Of the South Tahoe Public Utility District, County of E1 Dorado,
27
State of California, as follows:
28
1. Said Board of Directors does hereby determine that
29
bid of W. R. THOMASON, INC., P. O. Box 22~9, Martinez, CA
3O
9~553, is the lowest, responsive, responsible bidder for doing the
31
,rk of Headstart Program Improvements, Phase I, Grant Project No.
32
JOHN C, WEIDMAN
ATTORNEY AT LAW
$25 MAIN STREET
PLACSRVILLE, CA 95667
TELEPHON~r
622-6260
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
JOHN C. WE~IDMAN
pI. ACERVILLE, CA 95667
622-5260
C-06-1~l~, Wastewater Reclamation Plant, South Tahoe Public
Utility District.
2. Said Board of Directors does hereby award said
contract for doing the work and improvements and furnishing the
materials, supplies and equipment necessary for construction of
Headstart Program Improvements, Phase I, Grant Project
C-06-1&l$, Wastewater Reclamation Plant, South Tahoe Public
Utility District, to W. R. THOMASON, INC., at the price named in
its bid of Five Million, Thirty-Five Thousand Dollars
($5,035,000.00), subject to review, approval and authorization to
award by the State Water Resources Control Board and the
Environmental Protection Agency.
3. The President of said Board of Directors is hereby
authorized to make and enter into a written contract with said
successful bidder, W. R. THONASON, INC., 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 review, approval, and authorization to award said
contract has been ~iwen by the State Water Resources Control
Board and the Environmental Protection Agency.
&o 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 published in The Tahoe Daily Tribune, a newspaper of
general circulation 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 when review, approval and
authorization of award of said contract has been given by the
State Water Resources Control Board and the Environmental Protec-
tion Agency, and after the expiration of thirty (30) days from
°
the date of the adoption of this Ordinance·
3
4
5
6
7
8
9
10
PASSED AND ADOPTED by the Beard of Directors of the
South Tahoe Public Utility District at its duly held adjourned
regular meeting on the 16th day of June, 1950, by the following
vote:
AYES:
NOES:
Directors 01son, ':.. .~....,~, Jones, Wynn and
:"~T:RECTORS KASHUBA AND MADDEN
ABSENT: None
11
12
13
14
Walter Neal Olson, Pre~idento~
the Board of Directors of South
Tahoe Public Utility District·
15
16
ATTEST:
17
18
19
20 Distric
of the
2!
te
Public Utility
and ex officio Secretary
of Directors thereof.
22
23 I hereby certify that the foregoing is a full, true, and correct copy of
AN ORDINANCE duly and regularly adopted by the Board of Directors of the
24 SOUTH TAHOE PUBI~C UTILITY DISTRICT, E1 Dorado County, California, at a
meeting thereof duly held on the 16th day of JUNE 1980, by the following
25 vote: AND JONES
AYES: DIRECTO~ OLSON, WYNN,
26 NOES: DIRECTORS KASHUBA AND ~,!ADDEN.
~-Cie'rk o'f Bo
28 South Tahoe Public Utility District
29
30
31
32
JOHN C. W£1DMAN
ATTORNEY AT LAW
pLACERVILLE, CA gSe~67
ezz-szeo
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
· JOHN C. WEIDMAN
FINDINGS OF FACT AND CONCLUSIONS OF LAM BY THE
BOARD OF DIRECTORS OF SOUTHTAHOE PUBLIC UTILITY
DISTRICT -
HEADSTART PROGRAM IMPROVemENTS, PHASE I, GRANT
PROJECT NO. C-06-1~1~, WASTEWATER RECLAMATION
PLANT, SOUTH TAHOE PUBLIC UTILITY DISTRICT
WHEREAS, the Board of Directors of South Tahoe Public
Utility District had referred to it the dispute of whether or not
W. R. THOMASON, INC., timely submitted a sealed bid for doimg the
work of improvements in the Headstart Program Improvements, Phase
I, Grant Project No. C-06-1~1~, Wastewater Reclamation Plant,
South Tahoe Public Utility District; and
WHEREAS, after notice to the interested~parties of a
public hearing on said dispute and at a public Hearing this date,
there was submitted for consideration by the Board of Directors
the following:
1.
2.
3.
Excerpts from Minutes of June 5, 1980
Certified copF of Letter Mailed to all Bidders
Letter by Manager J. R. Cofer on Statement of
Events on Bid Opening
Supplemental Letter by Manager J. R. Cofer
5. Letter from Attorney John C. Weidman
6. Information Packet supplied by GRAHam& JAMES,
ATTORNEY FOR W. R. TNOMASON, INC.
7. Letter from Carl R. Otto
VICE PRESIDENT - JOHN F. OTTO. INC.
8. Letter from Mr. John V. Lemmon
ATTORNEY REPRESENTING JOHN F. OTTO, INC.
9. Letter from Mr. Rod Lawsen~
LAWSON MECHANICAL CONTRACTORS
Sub-Contractor for John F. Otto, Inc.
1
2
3
4
5
6
7
8
9
10
12
13
14
15
]6
17
]8
]9
20
21
22
23
24
25
26
JOHN C, WEIDMAN
AI'rORNEY AT LAW
· 25 MAIN STREET
PI.~CERVILLE, CA 95667
TELEPHONE
622-5260
10. Letter from Mr. Lawrence H. Kay
COUNSEL ASSOCIATED GENERAL CONTRACTORS
OF CALIFORNIA
ll. Letter from HOMER J. OLSEN, INC.
12. Letter from Slater Electric Company; and
WHEREAS, at said public hearing this date, the Board of
Directors read and considered the above informational items and
afforded opportunity to all the interested parties, their attorneys,
Board Members and the attorney for the Board to make inquiry of
the persons whose statements appear in any of the letters mentioned
in the informational items; amd
WHEREAS, at said public hearing this date, the Board of
Directors heard and considered all fact~ and legal contentions of
the interested parties who appeared, to wit, representatives of
W. R. THONASON, INC., amd its attorney, Edward K. Allison,
representatives of JOHN F. OTTO, INC., and its attorneys, John
Vincent Lemmon and John Millington Lemmon; and
WHEREAS, the Beard of Directors of South Tahoe Public
Utility District has duly considered all of said information,
questions presented, and contentions at said public hearing on this
date,
NOW, THEREFORE, the Board of Directors of South Tahoe
Public Utility District, County of E1 Dorado, State of California,
makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. All interested parties and the General Manager of
South Tahoe Public Utility District agree that the foyer, counter,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
i JOHN C. WEIDMAN
ATTORNEY AT LAW
622-5260
and the secretary's desk behind the counter are a part of the
Office of the General Manager of South Tahoe Public Utility
District.
2. That a representative of W. R. THOMASON, I~IC.,
placed his sealed proposal for the Headstart Program Improvements,
Phase I, Grant Project No. C-O6-1Al~, Wastewater Reclamation Plant,
South Tahoe Public Utility District, on the counter in the foyer
area of the Office of the General Manager of South Tahoe Public
Utility District, prior to 2:00 P. M. on Tuesday, June ~, 1980.
3. That said sealed bid of W. R. THONASON, INC.,
should be opened amd consi4ered with the three (3) other bids
previously opened, read and referred to this Board of Directors.
~. That all bids be referred to the Engineer of Works,
Clean Water Consultants, and the General Manager of South Tahoe
Public Utility District for a report to this Board of Directors at
a further adjourned regular meeting on June 16, 1980, at 3:~5 P. M.
for action by said Board in determining the lowest, responsive,
responsible bidder for said work.
CONCLUSIONS OF LAW
1. That the bid of W. R. THOMASON, INC., was timely
received at the Office of the General Manager of South Tahoe Public
Utility District and should be opened and considered in determining
the lowest, responsive, responsible bidder for the work of improve-
ments of the Headstart Program Improvements, Phase I, Grant Project
No. C-06-1~15, Wastewater Reclamation Plant, South Tahoe Public
Utility District.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOHN C, W£1DMAN
PLA(~ERVILLE, CA 9566;7
622-5260
PASSED AND ADOPTED by the Board of Directors of the
South Tahoe Public Utility District at its duly held adjourned
regular meeting on the 12th day of June, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
Directors Olson, Jones and Wynn
Directors Kashuba and Madden
None
~t~e~ ~ Olson, ~reSident of
the Board of Directors of South
T~oe Public Utility District.
A TTES T:
r~ ./~ rose, Clerk of the
SouThT~hooe Public Utility
Distric't and ex officio Secretary
of the Board of Directors thereof.
AFFIDAVIT OF POSTING
ORDINANCE NO. 313
STATE OF CALIFORNIA )
)ss
COUNTY OF EL DORADO
deposes and says:
, being first duly sworn,
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. 313
in form attached hereto and by reference made a part
hereof, in three public places in the District, as follows:
The City of South Lake Tahoe
Administration Bldg.
South Lake Tahoe, CA 95705
2. Bijou Post office Station
South Lake Tahoe, California 95705
3. Tahoe Valley Post Office Station
South Lake Tahoe, CA. 95731
That said posting was completed on the
day of ~- , 1980.
Subscribed and sworn to before me .this ~~ day of ~, 1980.
~ot'a~p-~-~ -in and-for the County
E1 Dora~6, State of California.
My commission expires 11/19/82.
~ - · ~---"~'~ ~v 19, 1982~
AFFIDAVIT OF PUBLICATION
South Tahoe Public Utility District
P. O. Box AU
South Lake Tahoe, CA 95705
Affidavit of Publication of
Ordinance
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States and a resident of
the County foresaid: I am over the age of eighteen
years, and not a part to or interested in the above-
entitled matter. I am the principal clerk of the printer
of The Tahoe Daily Tribune - Tahoe Sierra Tribune a
newspaper of general circulation, printed and
publi,shed daily in the City of South Lake Tahoe,
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, State 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 than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
July 9
all in the year 19 80
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at South Lake Tahoe
Califor~t. his ~t~hA _~eof
July 19
Signature
8O
, .i
ECT .
R
improvements,
of' W.R,
:materials,
necessary for
Utility District,
INC., at
Five
3. Tt~