Bear box battle forces S. Tahoe to bid project for 3rd time
By Kathryn Reed
To avoid another lawsuit when it comes to bids and contracts (like Lakeview Commons), the South Lake Tahoe City Council voted for the safe bet – to start the process all over. When the bids go out again for bear boxes to be installed on public property it will actually be the third time.
This is because the first time the bid documents were released they included a photo of a trademarked bear box. That’s a big no-no. Not only that, but it was a box from a company planning to submit a bid.
Bear boxes may be installed in public areas throughout South Lake Tahoe. Photo/NPS
Then bids went out again, with nine entities responding to that request. One of the respondents commented on the type of material needed for durability reasons, citing the low bid not being the right standard.
Gary O’Neill, purchaser for the city, told the council on March 20 that he only contacted the low bidder to see if they would upgrade the material to galvanized steel.
“The additional cost did not affect the lowest bidder,” O’Neill said at Tuesday’s meeting.
The four councilmembers – Mayor Claire Fortier was absent – were not comfortable with bid requirements changing midstream before a contract was awarded and without all applicants weighing in on the change to know how, if at all, it would affect their bids.
“It troubles me how the timing of this happened,” Councilwoman Angela Swanson said. “It’s an irregularity in the bidding process that I’m uncomfortable with.”
What is being bid on is providing the city with 200-plus bear boxes that will be installed throughout town on public property. This was originally supposed to happen a few years ago when the Department of Resources Recycling and Recovery named South Lake Tahoe one of four cities in California to share a $1.5 million grant. The news came in October 2008 and nearly five months to the day later the money was frozen.
In May 2010, the city got word it could go forward with spending the $394,000 grant. It wasn’t ready to do so and asked for an extension. Now the deadline to spend the money is May 2012.
A primary reason the matter was pulled from the consent agenda is because on March 16 protests were filed by Tahoe Bear Box Co. and BearSaver – two bidders. They believe Carson Valley Welding, the low bidder and whom staff recommended the city contract with, is infringing on their trademark and don’t have containers that are bear resistant.
Randy Stanaway of Tahoe Bear Box said, “It was unclear if you wanted the cheapest box or the best value.” He said if criteria were strictly the lowest bidder, he would have put in a different bid.
It’s customary for public projects to award the bid to the lowest reasonable bid. However, the bid documents didn’t mention lowest bidder, just best value.
When questioned by the council, O’Neill said the only criterion staff used was price.
Stanaway admitted to the council he is affiliated with BearSaver as well, saying it’s one product, but two distributors. He said two bids are turned in to meet the needs of entities like the U.S. Forest Service that require a minimum of two bids.
Stanaway made accusations that Carson Valley Welding’s boxes would not last long.
Don Heldoorn, owner of Carson Valley Welding, took great issue with this statement. He assured the council the hinges and locks on his boxes – what he says get used the most – have a lifetime warranty, the actual boxes have a 10-year warranty, and all come with anti-graffiti powder.
Robert Huckaby, attorney for Carson Valley Welding, also spoke at the meeting. He said there is no trademark issue and that his client would indemnify the city against any trademark claims.
City Manager Tony O’Rourke after the meeting told Lake Tahoe News there is no official can in the industry as some claim. He said when he worked in Beaver Creek a bear box was designed specifically for that community.
Now the process begins all over, with the idea the money will still be available for the boxes to be distributed at city owned beaches, public buildings like the recreation complex, ball fields and perhaps bus stops.
The remainder of the grant is earmarked for a Chevy Silverado hybrid pickup to replace the current pickup that gets 4 miles to the gallon.
In other action:
• The council heard a presentation from trails planner Garrett Villanueva of the U.S. Forest Service about the proposed bike park at Bijou Community Park. No action was taken.
• The land swap with the California Tahoe Conservancy was unanimously approved.
• An agreement with RO Anderson Engineering for design, permitting and financial consulting service for the Harrison Avenue project was approved. This includes working on turning the newly acquired property at Modesto and Harrison avenues into a parking lot and possibly expanding the city lot closer to El Dorado Beach. The Planning Commission will review more detailed Harrison Avenue plans on April 12, with the council having the topic on its April 17 agenda.
• It was agreed to proceed with a feasibility study to look at how South Lake Tahoe and Lake Valley fire departments could share or consolidate resources. Councilmembers Tom Davis and Angela Swanson were appointed to that committee because they are the reps on the ambulance JPA that involves the same two agencies.
• Steve Knoll was appointed to the Parks and Recreation Commission.
Lets ask a question Its called mind over matter, Who cares how much these bins will cost? , What is more important then saving our bears ? money or Bears,? each person, each store,each building should by there own bin, Get off the pot , and save our Bears, Remember a fed bear is a dead bear, .
Why hasn’t the city come up with the design of a bear box they want, and then put it out to bid, instead of asking for bids for whatever design the installer has? The city should decide on what material will be used, an easy opening and locking lid, and an attractive design. Once again the city drops the ball.
And why isn’t the city enforcing trash rules, if there are any, around town? Just drive around and look at the overflowing, unlocked bins at businesses and especially apartments.
Steven, why should the city be employing somebody who can design a bear box? I couldnt do it and I have two masters degrees.
ONLY a government agency could turn a simple project into complicated MESS. Don Heldoorn’s bear boxes are some of the most durable made. I’ve seen a lot of different ones, and his hold up where others fail over the years.
And even though his workplace is in Nevada, he lives in California. His house was one that was burned in the Angora fire.
I agree with Steven. The City should have come up with a design they like by seeing what’s out there first. Then telling the bidders this is what we want. Simple. No masters degree needed. This box is nothing but metal, screws and hinges. Oh and I forgot the installation cost. Hopefully this was included in the bid request.
Not much education needed to build a bear box. Seems that all that education just erases any common sense people may have.
A quick trip or phone call or email to Yosemite to check on their bear proof cans would be sufficient. And then either use their supplier or the design to generate bids. Pretty darn simple, want the phone number?
is there a possibility that the city can come up with a design and price that the average home owner at a volume price could buy ?
I was just wondering, did the city even describe the correct type of bear box for those bidding? It’s not really a “bear box”, it is a bear proof recycling trash can. It could look like a typical bear box but with 2 or 3 seperate openings that empty into 2 or 3 different trash cans for the different types of recyclables. Or 2 or 3 smaller individual bear proof trash cans for each type of recyclabe. RECYCLABLES is the key here, these are not garbage cans, according to the article in the Tahoe Tribune……
“On Tuesday, the South Lake Tahoe City Council voted to restart the bidding process for more than 200 bear-proof recycling bins to be paid for by a $394,000 recycling grant from the Department of Conservation”
1. Same guy with same product forms second distributorship to submit separate bid for same product to Forest Service to satisfy their “2 bid” requirement.
2. City of South Lake Tahoe messes up another simple project so badly that it is forced to start over again for the 3rd time.
Absolutely pathetic. Reagan was right, government is not the solution, it is the problem.
I can just see the $$$ “bear proof” bins at every business, multi-plex rental property, vacation rentals and wherever else they are used with giant bags of weekend leftover bbq/beer/gambling etc. garbage sitting right next to them on the ground. Most people just don’t give a reagan.
Wow, Smedley~your last sentence? If one of us more conservative types had replaced your last word “reagan” with “obama” you and your liberal pals would be having a cow.
Wasn’t it YOUR president who called for more civility?
Oh sorry, typo… # bush… thanks .. and I distinctly recall when the gop/neo-con wars were starting up in 2003 that liberals better remember that GWB is “Our” President and any disrespect for the fool was treason.
I’m not talking about gop/neo-cons back in ’03. I am only responsible for my own statements. That was stupid and irresponsible then and what you just said is stupid and irresponsible now.
PLEASE note that I did not say that “you” are stupid and irresponsible. I said that “what you just said” is stupid and irresponsible. There is a difference.
I recommend the Bourdeaux, I know it’s a blend but hey at this point would you know?
Steve wrote,
Absolutely pathetic. Reagan was right, government is not the solution, it is the problem.
DITTO
SmedleyButler, dogwoman
You two should take your personal squabble elsewhere, we are talking about bear proof recycling containers.
Steven, I just re-read your posts about the containers and they’re mostly babble. I stand by my opinion that this “bear proof” garbage effort is futile because people won’t use them as designed and the majority of non-residents are never going to worry about recycling. So why don’t you take your stuff elsewhere.
City staff is not of the the IQ level of bidders, on this issue or redevelopment issues.
Since rental properties, businesses, and if legally permitted, vacation rentals all ready take care of their garbage, placing these bear proof containers at the beach and parks and trail head parking, can only help reduce the amounts of garbage left on the ground by both tourists and locals. Just do it right the first time.
Kinda funny a few bears are smarter than the people.
I’ve seen in other mountains towns that the trash people are responsible for this problem.
Only in this town are we order to use this place refuse.There’s the bottle neck.
The bear boxes should be designed by the refuse company,and they also need a new way dumping the containers with hydraulics arms,this problem is only more less in the warmer weather months.Course you know well as I that they will want pass the cost on to you.
Other places have free public incineration that convert the waste to power for the community well being.
The problem here again is our only dictate trash company has to reap what you throw away for their own wealth in the recycle business.
I believe there be a few people in this town that would do their own labor to rid there properties, business, of trash if there was a incineration coop here in our future dream town community, solving more than a few bottled up problems that have been talked about but neglected for years.
You have to understand these are not Bear Boxes in the garbage sense. These are recycling boxes that are bear proof containers and they will be located on city property. There is no reason to recycle in this town as we allready have a recycling facility that separates our trash from recyclables allready. Why do we keep trying to reinvent the wheel? We should use the grant funding for a rebate program to get Bear Proof garbage cans to the most frequent violators. Perhaps we should continue to locate and fine these violators and instead of or in lieu of lien on the property we should offer a 50% grant match for the purchase of the Bear garbage cans. The main problem with garbage and bears in this town is Vacation rentals, commercial containers and residents and renters who just don’t care.
@Steven, by the way, I just got back from Yosemite and Sequoia. Every bearproof enclosure was made by Bearsaver, one of the bidders. I purposely took note of this. They must know what they’re doing.