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Resolution No. 2014 - 26
Directing that Competitive Bidding be Dispensed with
in the Installation of HVAC at the
Ancillary SCADA Building
WHEREAS, the Electric Department is constructing the TDPUD Ancillary SCADA Building
where an HVAC system is to be installed; and
WHEREAS, Specifications and Contract Documents were prepared and put out to bid per
District requirements; and
WHEREAS, A bid opening was held at 2:00 pm on Wednesday, November 19, 2014; and
WHEREAS, No bids were received; and
WHEREAS, The District received no benefit from the competitive bid process and believes
that significant benefit can be derived by negotiating directly with potential bidders; and
WHEREAS, Public Contract Code Section 20201 generally requires that the District seek
competitive bids and let contracts to the lowest responsible bidder for complete projects for
new construction or projects for any alteration, maintenance, or repair, if the costs of
materials, supplies and labor exceed fifteen thousand dollars ($15,000); and
WHEREAS, various California court decisions, including Graydon v. Pasadena
Development Agency, 104 C.A. 3d 631 (1980), hold that if the subject of a contract is such
that competitive proposals would be unavailing or would not produce an advantage and
the advertisement for competitive bids would thus be undesirable or impractical, a public
agency may dispense with competitive bidding; and
WHEREAS, due to the facts set forth above, competitive bidding would be unavailing and
would not produce an advantage to the District and the advertising for competitive bids
would not produce an advantage to the District and would be undesirable; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that it adopts the above
stated recitals as its findings.
BE IT FURTHER RESOLVED BY THE Board of Directors that for the reasons set forth
above, the District finds that further competitive bids for the HVAC installation at the
TDPUD Ancillary SCADA Building, would be unavailing and would not produce an
Resolution 2014-26 1
advantage to the District and the advertisement for competitive bids would not produce an
advantage to the District and would be undesirable and costly.
BE IT FURTHER RESOLVED BY THE Board of Directors authorizes staff to negotiate and
enter into a contract for the HVAC System at the TDPUD Ancillary SCADA Building in an
amount not to exceed $27,500.
BE IT FURTHER RESOLVED that the District shall therefore dispense with further
competitive bidding for the installation of an HVAC system at the TDPUD Ancillary SCADA
Building.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held
th
within the District on the 17 day of December 2014 by the following roll call vote:
AYES: Directors Aguera, Bender, Ellis, Laliotis and Warmerdam
NOES: None
ABSTAIN: None
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By____________________________________
Tony Laliotis, President of the Board
ATTEST:
_____________________________________
Michael D. Holley, District Clerk
Resolution 2014-26 2