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Resolution 2776-03 \., RESOLUTION NO. 2776-03 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTLlT DISTIRCT DECLARING AN EMERGENCY AND AUTHORIZING ABBREVIATED BIDDING PROCEDURES Whereas, the South Tahoe Utility District (District) provides domestic water service to the City of South Lake Tahoe and portions of EI Dorado County; and Whereas, the District recently lost water production from certain wells due to MTBE contamination; and Whereas, the loss of water production will most likely prevent, or make it extremely difficult, for the District to meet the water supply needs of its customers next summer unless additional water supplies can be completed before then; and Whereas, the District is currently drilling new wells at the Flagpole and Elks Club sites to develop new water supply sources; and Whereas, the District received bids on August 20, 2003, for construction of a well control building at each of the two well sites; and \.. Whereas, after the bids were opened, the District received water quality results from the Flagpole well, which showed arsenic levels three to five times higher than the new federal standards; and Whereas, the Flagpole well will not be completed at this time due to the high levels of arsenic which eliminates the need for the well control building at this site; and Whereas, the District rejected all bids since the project scope could not be changed significantly after the bid opening since the information necessitating the deletion of the Flagpole well control building also arose after the bid opening; and Whereas, the District will not be able to complete the Flagpole well and well control building by next summer if statutory competitive bidding requirements are followed; and Whereas, the water quality tests exceeding the federal standards is an unexpected occurrence posing a clear and eminent danger that could prevent or make it extremely difficult for the District to meet the water supply demands of its customers next summer; and Whereas, substantial evidence has been provided to the District which demonstrates that it is necessary to implement abbreviated bidding procedures to enable the Elks Club well control building to be completed by next summer. '-' SB 337824vl:007627.0009 ~ \., '" Resolution No. 2776-03 Page 2 Now, therefore, be it resolved as follows: 1. The detection of arsenic levels exceeding the new federal standards in the Flagpole well is a sudden, unexpected occurrence that posses a clear and eminent danger requiring immediate action to develop the Elks Club well to meet water supply demands of the District's customers for next summer. 2. The emergency will not permit the delay resulting from a competitive solicitation for bids for the Elks Club well control building. 3. Implementation of an abbreviated bid procedure is necessary in order for timely completion of the Elks Club well control building, which shall include the following action: requesting bids from the three interested bidders, opening bids on September 17, 2003, and considering award at the next Board of Directors' meeting on September 18, 2003. 4. This resolution shall be effective 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 the South Tahoe Public Utility District at a regular meeting duly held on the 4th day of September, 2003, by the following vote: AYES: Directors Schafer, Jones, Comte, Mosbacher NOES: None ABSENT: Director Wallace .-4- ..ll.....J..JJ --<:::;).,~ "c:> Kattiy Sharp, &>ferk of the Board SB 337824 vl:007621.0009