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HomeMy WebLinkAboutRES 2000-04 - Board Public Resolution No. 2000=04 Finding an emergency situation in the meeting of state mandate and directing that competitive bidding be dispensed with in connection with the District's purchase of a pump for the Brockway well WHEREAS, the District is under order from the State of California Department of Health Services ("DHS")to bring additional water sources online in order to provide the inhabitants of the District with adequate domestic water supply by May 15, 2000; and WHEREAS, the District passed Resolution 9905 acknowledging the State's mandate and taking responsibility to meet said mandate by funding the construction of a new well and setting a deadline for the new well to be fully operational and able to produce water by May 15, 2000; and WHEREAS, the District had first selected a location by the Ponderosa Golf Course as an additional water source and negotiated to drill a test-well to determine the suitability of such location for a permanent well; and WHEREAS, the result of test drilling at the location near the Ponderosa Golf Course proved such location to be unsuitable as a permanent well; and WHEREAS, the District immediately looked for an alternate site, and selected and negotiated the current location on Brockway Road as an additional site to test and possibly use as a permanent well (the Brockway Well"); and WHEREAS, the Brockway location required test drilling and analysis to determine the suitability of the site as a permanent well; and WHEREAS, the District's well-driller encountered unforeseen and substantial difficulty in drilling a test well at the Brockway location; which difficulty caused unexpected delay; and WHEREAS, due to indeterminable variations in depth, water pressure and the rate of flow of the final well, it is only possible to determine and select the appropriate type and size of the pump until test- drilling and analysis is complete; and WHEREAS, testing and analysis of the Brockway Well is expected to be complete on or about April 21, 2000; and WHEREAS, it is imperative and necessary for the District to comply with the DHS order and to meet the upcoming peak demand for water during the warmer summer months, especially during the yearly 4'' of July weekend celebration which has historically drawn a huge crowd to the Town of Truckee; and WHEREAS, it takes at least eight weeks for pump manufacturers to build and supply a well pump, which is a specialized piece of machinery precisely matched and calibrated for the particular location of the well; and WHEREAS, once the pump is built and delivered to the site, it will take approximately 3 days to install the pump, complete the project and have the Brockway Well up and running to supply the much needed additional water to the inhabitants of the District; and WHEREAS, the District is eager to meet the obligations under the State mandate; however, due to the reasons set forth above, it appears that the May 15, 2000 deadline might not be met; and WHEREAS, the District staff is in communication with DHS concerning the progress and status of the Brockway Well project and the District's efforts in complying with the State mandate; and WHEREAS, DHS has agreed to extend the deadline from May 15, 2000 to June 23, 2000; and WHEREAS, the total cost of the well pump described above is approximately$60,000; and WHEREAS, Public Contract Code Section 20201 requires that the District engage in competitive bidding on any expenditure in excess of$15,000; and WHEREAS, competitive bidding for the purchase of a new pump will take no less than three additional weeks to process; and WHEREAS, because it is impossible to determine and select the appropriate type and size of the pump until the testing is complete, it would be extremely difficult, if not impossible, to prepare plans and specifications for competitive bidding; and WHEREAS, due to the length of time it takes to have a pump built and the subsequent installation work that needs to be done in order to complete the additional water source, it has been determined by District staff that it would not be possible to engage in competitive bidding for the purchase of the well pump without significant delays, which would cause a failure in the District's attempt to meet the upcoming peak demand and the mandate of the Department of Health Services; and WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of the governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let contracts; and WHEREAS, the District's need to have the pump ordered and placed in service in time to meet the state mandate and the peak demand of the upcoming summer months created a great emergency which, pursuant to Public Contract Code Section 22050, is justification for the District to dispense with the competitive bidding procedures for the procurement of a pump for the Brockway Well. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Truckee Donner Public Utility District adopt the above recitals as its findings; and BE IT FURTHER RESOLVED by the Board of Directors that for the reasons set forth above, the District finds that the shortness of time in which a pump for the Brockway Well must be procured has created an emergency and that the emergency will not permit a delay resulting from a competitive -2- solicitation for bids and that the procurement and installation of a well pump is necessary to respond to the emergency. BE IT FURTHER RESOLVED that the District shall therefore dispense with competitive bidding for the purchase of the Brockway Well pump, so that the work could be done on an immediate basis. BE IT FURTHER RESOLVED that the District staff shall solicit quotes from reputable and qualified pump manufacturers and suppliers to procure the appropriate pump for the Brockway Well in a most expeditious manner at a reasonable price. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting thereof duly called and held within the District on the 19t' day of April, 2000, by the following roll call vote: AYES: Aguera, Jones, Maass and Hemig. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J. Ro mig, President, Board of Dire ors ATTEST: /14�1 Peter L. Holzmeister, Clerk of the Board - -3-