HomeMy WebLinkAboutRES 2001-16 - Board Public
Ordinance No. 2001=16
Directing that competitive bidding be dispensed with in
connection with the District's repair of the Donner Lake Water
System
WHEREAS, the District has recently taken possession of the Donner Lake water system from the
Donner Lake Water Company, pending a final determination of the value of the system and its
formal acquisition by the District; and
WHEREAS, customers served by the Donner Lake water system have been under a boil water
order issued by the State Department of Health Services since June 28, 2000 due to the poor
condition of the system; and
WHEREAS, the present condition of the Donner Lake water system's lake intake and distribution
system poses a danger of contaminants entering the water supply, and the condition of the
Southside and eastern Green Point storage tanks is such that both are in imminent danger of
collapse,which could result in loss of life, injury. or property damage; and
WHEREAS,the District has been ordered to repair and/or replace several parts of the Donner Lake
water system, including (i) the lake intake, (ii) most or all of the distribution system, and (iii) the
Southside and eastern Green Point storage tanks, by the end of the 2001 construction season;and
WHEREAS, the District has been urged by the Department of Health Services to initiate work on
replacing the lake intake for the Donner Lake water system no later than June 11, 2001; and
WHEREAS,the total cost of performing the repairs to and replacements of portions of the Donner
Lake water system which have been ordered completed this year by the Department of Health
Services is likely to exceed $1,000,000; and
WHEREAS,the Public Contract Code Section 20201 generally requires that the District engage in
competitive bidding on any expenditure in excess of$15,000; and
WHEREAS,it will take approximately until the end of the 2001 construction season to complete the
necessary repairs even if work is commenced immediately; and
WHEREAS, it has been determined by District staff that it is not possible to engage in competitive
bidding for the repair of the Donner Lake water system without serious delays which would place the
District at risk of noncompliance with the order from the Department of Health Services that repairs
to portions of the Donner Lake water system be completed in 2001, and would continue the
unacceptable risk posed by the condition of the system to the safety and health of persons using
water from the system; 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 repair the Donner Lake water system immediately has created a
great emergency which, pursuant to Public Contract Code 22050, is justification for the District to
dispense with the competitive bidding procedures for the repair of the system; and
WHEREAS,the District has been"strongly urge[d]"by the Department of Health Services,in a letter
dated May 25t', 2001, to declare the water supply situation at Donner Lake a public health
emergency.
NOW,THEREFORE, BE IT RESOLVED that the Board of Directors adopts 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 condition of the Donner Lake water system has created an emergency and that
the emergency will not permit a delay resulting from a competitive solicitation for bids, and that
repairs to, or replacements of, major portions of the Donner Lake water system are necessary to
respond to the emergency.
BE IT FURTHER RESOLVED that the District shall therefore dispense with competitive bidding for
the repair and/or replacement of the following portions of the Donner Lake water system:(i)the lake
intake; (ii) most or all of the distribution system; and (iii) the Southside and eastern Green Point
water storage tanks .
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held with the
District on the 7th day of June, 2001 by the following roll call vote:
AYES: Hemig, Sutton, VanGundy and Maass.
NOES: None.
ABSENT: Aguera.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
B
Jame . Maass, President
ATTEST: ,
Peter L. o meister, Clerk of the Board
. a