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HomeMy WebLinkAboutRES 2009-27 - Board TRUCKEE D s ti it Resolution No. 2009 - 27 Directing that Competitive Bidding be Dispensed with in the Installation of the TDPUD Water Wise Demonstration Garden WHEREAS, the Conservation Department is implementing a TDPUD Water Wise Demonstration Garden; and WHEREAS, Specifications and Contract Documents were prepared and put out to bid per District requirements; and WHEREAS, A bid opening was held at noon, Thursday August 13, 2009; 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 orwould 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. Resolution 2009-27 1 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 installation of the TDPUD Water Wise Demonstration Garden, would be unavailing and would not produce an 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 that the District shall therefore dispense with further competitive bidding for the installation of the TDPUD Water Wise Demonstration Garden. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held d within the District on the 2 day of September 2009 by the following roll call vote: AYES: Directors Aguera, Bender, Hemig, Hillstrom and Sutton NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT BY oe?v V)--420�� 5� J. o emig, President of the Board ATTEST: oe Michael" . Holley, District Clerk Resolution 2009-27 2 Nevada County Recorder RECORDING REQUESTED BY: Gregory J. Diaz Truckee Donner Public Utility District Document#: 20090030101 Thursday November 12?OtDg,at 09;40:19 AM WHEN RECORDED, RETURN TO: Paid: JR TRUCKEE DONNER PUBLIC UTILITY DISTRICT Barbara Cahill Post Office Box 309 Truckee, CA 96160 THE UNDERSIGNED DECLARES DOCUMENTARY TRANSFER TAX-NONE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the name and address of the public entity for whom the improvement project was done, as owner thereof, is the Truckee Donner Public Utility District, Post Office Box 309, Truckee, CA 96160. 2. Nature of interest or estate of owner: beneficial interest of a demonstration water wise garden. 3. That on November 4th, 2009 the hereinafter described improvements were accepted as complete pursuant to Resolution 2009-30 of the Truckee Donner Public Utility District, the awarding authority. 4. That the subject improvements of the Notice are generally described and identified as follows: The installation of a demonstration water wise garden. 5. That the name and address of the contractor for such project was: Estate Landscaping & Irrigation, Inc., P.O. Box 2300, Kings Beach, CA 96143. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By y4e-':'L� Michael D. o ey, General Manager MAIL TAX STATEMENTS TO: SAME AS ABOVE Legal References: CC-3093,CCP-2003(oath), 2015.5(unsworn statement)