Board of Public Utilities Meeting
Regular MeetingTulare, CA · September 3, 2020
Minutes
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ACTION MINUTES
BOARD OF PUBLIC UTILITIES COMMISSIONERS
CITY OF TULARE
September 3, 2020
A regular meeting of the Board of Public Utilities of the City of Tulare was held on
Thursday, September 3, 2020 at 4:00 p.m. in the Tulare Public Library & Council
Chamber, 491 North “M” Street.
BPU PRESENT: Chris Harrell, Thomas Griesbach, Ray Fonseca, Howard Stroman,
Renee Soto
STAFF PRESENT: Rob Hunt, Mario Zamora, Darlene Thompson, Trisha Whitfield,
Michael Miller, Nick Bartsch, Jim Funk, Andrew Bettencourt, Art Avila,
Jason Bowling, Tim Doyle, Melissa Hermann
I. CALL TO ORDER REGULAR MEETING
President Harrell called the regular meeting to order at 4:01 p.m.
II. PLEDGE OF ALLEGIANCE AND INVOCATION
Board Member Soto led the Pledge of Allegiance and an invocation was given by Board
Member Fonseca.
III. CITIZEN COMMENTS
President Harrell requested those who wish to speak on matters not on the agenda within
the jurisdiction of the Board, or to address or request a matter be pulled from the Consent
Calendar to do so at this time. He further stated comments related to General Business
matters would be heard at the time that matter is addressed on the agenda.
There were no citizen comments.
IV. COMMUNICATIONS
There were no items for this section of the agenda.
V. CONSENT CALENDAR
It was moved by Board Member Soto, seconded by Vice President Stroman, and
unanimously carried to approve the items on the Consent Calendar as presented.
(1) Approve minutes of the August 20, 2020 regular meeting.
(2) Receive the investment report for July 2020.
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VI. GENERAL BUSINESS
(1) Award two consecutive one-year contract extensions to Kenneth D. Schmidt
and Associates of Fresno, CA in the amount of $29,250 per well for
hydrogeologist consulting and construction support services. Authorize the
City Manager or designee to approve contract change orders in an amount not
to exceed 10% ($2,925.00 per well) of the contract award amount. Project
Manager Jim Funk provided a report for the Board’s review and consideration.
Questions posed by the Board were responded to by Mr. Funk and Water and
Wastewater Collections Utility Manager Tim Doyle. It was moved by Board Member
Fonseca, seconded by Board Member Griesbach, and unanimously carried to
approve the item as presented.
(2) Declare that the City of Tulare is in Stage 2 of the revised Water Conservation
Ordinance 2020-07 in the City’s Code of Ordinances. Management Analyst
Andrew Bettencourt provided a report for the Board’s review and consideration. It
was moved by Vice President Stroman, seconded by Board Member Soto, and
unanimously carried to approve the item as presented.
(3) Authorize staff to declare as surplus the equipment, tanks, and various
salvageable items to be removed as part of the well abandonment project
(Project WT0052). Project Manager Jim Funk provided a report for the Board’s
review and consideration. Questions posed by the Board were responded to by Mr.
Funk, Finance Director Darlene Thompson, City Manager Rob Hunt, and Water and
Wastewater Collections Utility Manager Tim Doyle. It was moved by President
Harrell, seconded by Board Member Griesbach, and unanimously carried to approve
the item as presented.
(4) Disqualify and reject the low bid of $1,631,670.00 for construction of TCP
mitigation measures at Well #35 and Well #44 (Project No. WT0046) by Steve
Dovali Construction Inc. of Fresno, CA on the basis of the bid being non-
responsive and award to the following:
a. Award and authorize the City Manager or designee to sign a contract with
W. M. Lyles Co., of Fresno, CA in an amount not to exceed $1,647,700.00 for
construction of TCP mitigation measures at Well #35 and Well #44 (Project
No. WT0046) and authorize the City Manager or designee to approve
contract change orders in the amount not to exceed 10% ($164,770.00) of
the contract amount.
Or, alternatively consider the following actions:
b. Award and authorize the City Manager or designee to sign a contract with
Steve Dovali Construction Inc. of Fresno, CA in an amount not to exceed
$1,631,670.00 for construction of TCP mitigation measures at Well #35 and
Well #44 (Project No. WT0046) and authorize the City Manager or designee
to approve contract change orders in the amount not to exceed 10%
($163,167.00) of the contract amount; or
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c. Reject all bids and instruct staff to re-advertise for bids the TCP Mitigation
Project, Group 3 Well #35 and Well #44.
Project Manager Jim Funk provided a report for the Board’s review and
consideration. Gregory Norys, counsel representing Steve Dovali Construction Inc.,
provided additional information referencing a letter distributed to the Board.
Questions posed by the Board were responded to by Mr. Funk and Water and
Wastewater Collections Utility Manager Tim Doyle. Tim Dovali and Steve Dovali of
Steve Dovali Construction Inc. provided information and provided responses to
questions from the Board. Additional clarification was provided by City Engineer
Michael Miller. Following lengthy discussion, it was moved by President Harrell,
seconded by Board Member Griesbach, and carried 4 to 1 (Board Member Soto
abstained) to award and authorize the City Manager or designee to sign a contract
with W. M. Lyles Co., of Fresno, CA in an amount not to exceed $1,647,700.00 for
construction of TCP mitigation measures at Well #35 and Well #44 (Project No.
WT0046) and authorize the City Manager or designee to approve contract change
orders in the amount not to exceed 10% ($164,770.00) of the contract amount.
(5) Award and authorize the City Manager to sign a three-year contract with
Routeware, Inc., in the amount of $616,800.16 subject to minor conforming
changes acceptable to the City Manager and City Attorney to provide a route
and work order management system for the Solid Waste Division; authorize
the City Manager or designee to approve contract change orders in an amount
not to exceed $54,000; and approve the proposed project budget and funding
appropriations. Management Analyst Andrew Bettencourt provided a report for the
Board’s review and consideration. Questions posed by the Board were responded
to by Mr. Bettencourt, Public Works Director Trisha Whitfield, and IT Manager Jason
Bowling. It was moved by President Harrell, seconded by Vice President Stroman,
and unanimously carried to approve the item as presented.
VII. ITEMS OF INTEREST
Items of interest were discussed amongst the Board and staff.
VIII. ADJOURNMENT OF REGULAR MEETING
President Harrell adjourned the regular meeting at 6:06 p.m.
President of the Board of Public Utilities
Commissioners of the City of Tulare
ATTEST:
Secretary of the Board of
Public Utilities Commissioners
Agenda
AGENDA
City of Tulare
Board of Public Utilities Commission
Thursday, September 3, 2020
4:00 p.m.
Tulare Public Library & Council Chambers
491 North “M” Street, Tulare, California, 93274
MISSION STATEMENT
To promote a quality of life making Tulare the most desirable community in which
to live, learn, play, work, worship and prosper.
Meeting audio will be uploaded to the City’s website www.tulare.ca.gov no later than the Tuesday
following the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting
date on the City Meeting Calendar page.
I. CALL TO ORDER REGULAR MEETING
II. PLEDGE OF ALLEGIANCE AND INVOCATION
III. CITIZEN COMMENTS - This is the time for citizens to comment on items on the
Consent Calendar or within the jurisdiction of the Board. Comments related to
General Business items will be heard at the time the item is discussed. The Board
cannot legally discuss or take official action on citizen request items that are
introduced tonight. Each speaker will be allowed three minutes, with a maximum
time of 10 minutes per item, unless otherwise extended by the Board.
IV. COMMUNICATIONS - No action will be taken on matters listed under
Communications; however, the Board may direct staff to schedule issues raised
during Communications for a future agenda.
V. CONSENT CALENDAR - All Consent Calendar items are considered routine and will
be enacted in one motion. There will be no separate discussion of these matters
unless a request is made, in which event the item will be removed from the Consent
Calendar to be discussed and voted upon by a separate motion.
(1) Approve minutes of the August 20, 2020 regular meeting.
(2) Receive the investment report for July 2020.
VI. GENERAL BUSINESS - Comments related to General Business Items are limited to
three minutes per speaker for a maximum of 30 minutes per item unless otherwise
extended by the Board.
(1) Award two consecutive one-year contract extensions to Kenneth D. Schmidt and
Associates of Fresno, CA in the amount of $29,250 per well for hydrogeologist
consulting and construction support services. Authorize the City Manager or
designee to approve contract change orders in an amount not to exceed 10%
($2,925.00 per well) of the contract award amount.
(2) Declare that the City of Tulare is in Stage 2 of the revised Water Conservation
Ordinance 2020-07 in the City’s Code of Ordinances.
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Board of Public Utilities Agenda September 3, 2020
(3) Authorize staff to declare as surplus the equipment, tanks, and various
salvageable items to be removed as part of the well abandonment project
(Project WT0052).
(4) Disqualify and reject the low bid of $1,631,670.00 for construction of TCP
mitigation measures at Well #35 and Well #44 (Project No. WT0046) by Steve
Dovali Construction Inc. of Fresno, CA on the basis of the bid being non-
responsive and award to the following:
a. Award and authorize the City Manager or designee to sign a contract with W.
M. Lyles Co., of Fresno, CA in an amount not to exceed $1,647,700.00 for
construction of TCP mitigation measures at Well #35 and Well #44 (Project
No. WT0046) and authorize the City Manager or designee to approve
contract change orders in the amount not to exceed 10% ($164,770.00) of the
contract amount.
Or, alternatively consider the following actions:
b. Award and authorize the City Manager or designee to sign a contract with
Steve Dovali Construction Inc. of Fresno, CA in an amount not to exceed
$1,631,670.00 for construction of TCP mitigation measures at Well #35 and
Well #44 (Project No. WT0046) and authorize the City Manager or designee
to approve contract change orders in the amount not to exceed 10%
($163,167.00) of the contract amount; or,
c. Reject all bids and instruct staff to re-advertise for bids the TCP Mitigation
Project, Group 3 Well #35 and Well #44.
(5) Award and authorize the City Manager to sign a three-year contract with
Routeware, Inc., in the amount of $616,800.16 subject to minor conforming
changes acceptable to the City Manager and City Attorney to provide a route and
work order management system for the Solid Waste Division; authorize the City
Manager or designee to approve contract change orders in an amount not to
exceed $54,000; and approve the proposed project budget and funding
appropriations.
VII. ITEMS OF INTEREST (may include City Council, Planning Commission, Mid-Kaweah GSA updates)
– GC 54954.2(3)
VIII. ADJOURNMENT OF REGULAR MEETING
In compliance with the Americans with Disabilities Act and the Brown Act, if you need special assistance to
participate in this meeting, including the receipt of the agenda and documents in the agenda package in an
alternate format, please contact the City Manager’s Office at (559) 684-4200. Notification of 48 hours prior
to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
(28 CFR 35.102-35, 104 ADA Title I), and allow for the preparation of documents in the appropriate alternate
format.
[Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less
than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body
regarding any item on the agenda will be made available for public inspection at the meeting and at the City
Clerk’s Office at City Hall located at 411 East Kern Avenue during normal business hours.]
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