Resolution 2780-04
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RESOLUTION NO. 2780-04
A Resolution of the South Tahoe Public Utility District
Declaring an Emergency, Authorizing Contracts Without Bids,
And Delegating Authority to Order Emergency Action
For Bakersfield Well Treatment Project
WHEREAS, the Bakersfield Well is the largest well in the Meyers/Tahoe
Paradise area and must operate to provide adequate water supply and pressure
throughout Meyers/Tahoe Paradise; and
WHEREAS, MTBE contaminant plume(s) are present in the drinking water
aquifers used by District wells in the Meyers area; and
WHEREAS, MTBE was detected and confirmed in numerous water samples
collected from the Bakersfield Well during the summer of 2003; and
WHEREAS, it was anticipated that the new Flagpole Well and the new Elks Club
Well could meet the demand for the Meyers/Tahoe Paradise area without pumping
groundwater from MTBE-contaminated aquifers; and
WHEREAS, the Flagpole Well was found to not meet drinking water standards in
reference to iron and arsenic in late summer 2003; and
WHEREAS, the Elks Club Well was found to be below anticipated production in
October 2003 and therefore can not meet the water demands for the Meyers/Tahoe
Paradise area; and
WHEREAS, the Bakersfield Well has shown concentrations of MTBE as high as
0.47 parts per billion (ppb) which violates the Board's policy to prevent all detectable
concentrations of MTBE from entering the public drinking water supply; and
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WHEREAS, the Bakersfield Well must be treated for the removal of MTBE in
order to comply with the Board's policy; and
WHEREAS, the treatment system must be operational by the middle of June
2004, to meet summer demand; and
WHEREAS, to accommodate setup and testing of the treatment system,
infrastructure, mechanical, and electrical site work must be complete at the Bakersfield
Well site by May 15, 2004; and
WHEREAS, to allow adequate curing time for concrete foundation work which
must precede the infrastructure, mechanical, and electrical site work, construction must
commence by April 1 ,2004; and
WHEREAS, unless authorization is provided to contract without bids and to pre-
purchase equipment, construction will not begin by April 1, 2004; and
WHEREAS, any delay in providing treatment to Bakersfield Well by the middle of
June 2004 poses a substantial risk that adequate water supply and pressure will not be
met in the Meyers/Tahoe Paradise area during summer-time demand; and
WHEREAS, the lack of adequate water supply and pressure in the
Meyers/Tahoe Paradise area poses a clear and imminent danger which could lead to
the loss or impairment of property and/or essential services; and
WHEREAS, substantial evidence has been provided to the District which
demonstrates immediate action is necessary to prevent this loss or impairment and the
District must enter into agreements with contractors and vendors to construct the
infrastructure for the treatment facility at the Bakersfield Well site.
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NOW, THEREFORE BE IT RESOLVED, AS FOLLOWS:
1. The circumstances concerning the substantial risk that adequate water supply
and pressure will be not be met in the Meyers/Tahoe Paradise area during
summer-time demand, which recently came to the attention of the District,
constitutes an emergency within the meaning of the Public Contract Code
Sections 1102.
The emergency will not permit a delay resulting from a competitive solicitation for
bids.
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Immediate actions directly related to the emergency, including construction of the
infrastructure, mechanical, and electrical work at the Bakersfield Well Site, and
actions to procure the necessary equipment, services and supplies as necessary
to respond to the emergency, shall be made without competitive bidding to let
contracts.
4. The General Manager of the District is authorized and directed to order any
action necessary and appropriate to respond to the emergency.
5. This Resolution shall take effect immediately.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly and regularly adopted and passed by the Board of Directors of
South Tahoe Public Utility District at a regular meeting held on January 2, 2004, by the
following vote:
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AYES: Directors Wallace, Schafer, Jones, Mosbacher
NOES: None
ABSENT: Director Comte
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ATTEST:
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D PRESIDENT
UTILITY DISTRICT