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HomeMy WebLinkAboutAgenda �ruckee Utility Board of Directors @ Joseph R.Aguera .John L.Corbett Business Office Engineering Services Richard . Curran James A. Maass (916) 587-3896 (916) 587-3944 FAX (916) 587-5056 Patricia S.Sutton General Manager SPECIAL MEETING Peter L. Hoizmeister T.©© PM,�Ua B yyoardgRoomust 0= 1992 1. Call to order 2. Roll call 3. Public input (7:25 PM or as soon thereafter as possible) a is Any member of the audience desirincall li to sted ed on the agenda ddress the L3oard ay be brought�up and p ticter on the input. welcome to do so. Matters not specifically 4. Discussion of Highway 267 bridge/water line relocation options and possible direction: a) Discussion of easement acquisition b) Consideration of plans and specifications and issuing a call for bids Consideration of a proposal from Sauers Engineering 9) Consideration of a resolution dispensing with formal bidding e) Discussion of Pacific Bells plan to proceed with relocation of their facilities 5. Tahoe Donner Pipeline Replacement Project: a) Status report ravin and accepting Contract A and b) Consideration of a resolution app g directing the filing of the Notice of opl tion and accepting Contract C and c) Consideration of a resolution approvingo letion directing the filing of the Notice o p 6, Closed session 7. Return to public session g, Adjournment NOTE: The complete packet of material relating to the agenda is available for review at the PUr" office and at the Truckee Libra CERTIFICAT10N I hereby certify that the foregoing toitheaCl.S Post Off has ice aeennd County Liosted in brary for posting, and strict office and Governme Center, p mailed the Di r ctors and . erested parties on August 7, 1992• usan M. Craig, Deputy District erk Past Office Box 309 a 11570 Donner Pass Road 0 Truckee, California 96160 RESOLUTION NO. 9226 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT DIRECTING THAT COMPETITIVE BIDDING BE DISPENSED WITH IN CONNECTION WITH THE DISTRICT'S CONSTRUCTION OF A WATER LINE ON THE NEW DOWNTOWN TRUCKEE BRIDGE WHEREAS,the California Department of Transportation("CALTRANS")began construction of a new highway bridge in downtown Truckee in the spring of 1992; and WHEREAS, CALTRANS' plan calls for it to construct one span of the new bridge immediately to the east of the old bridge, then demolish the old bridge and build the second span of the new bridge where the old bridge was located; and WHEREAS, the District owns a 12" water line which is located underground and immediately to the west of the old bridge and within CALTRANS' right of way. This main water line supplies water to a large portion of the District's water customers; and WHEREAS, this 12" water line is crucial to the operation of the District's entire water system, including the fireflow component of the District's water system; and WHEREAS, any interruption in the flow of water through the 12" water line could result in a loss of water and/or water pressure to thousands of District customers throughout its water system, and could result in an insufficient amount of wafter in District storage tanks available to fight structure and wildland fires; and WHEREAS, California is in the sixth year of drought and there is and will be an extreme risk of wildland fire throughout the remainder of the 1992 fire season; and WHEREAS, the existing 12" water line is encased in concrete along with communication conduit owned by Pacific Bell. Both the District and Pacific Bell have been required by CALTRANS to either remove and relocate their facilities, or lower the facilities approximately 15 feet below their current level; and WHEREAS, the District has considered the possibility of lowering its 12" water line, but the District's engineers have concluded that it is not possible to lower the water line 15 feet without a substantial risk of damage to the line and interruption of water service; and WHEREAS, the District's engineers have advised that it would be possible to relocate the water line laterally, to the west, without substantial risk of interruption of water service. In order to do so, however, the District would need to acquire an easement from the neighboring property owner, and the neighboring property owner has indicated an unwillingness to grant the necessary easement; and WHEREAS, the necessary easement might be obtainable by the District through the . exercise of the power of eminent domain, but it is unlikely that the District could actually acquire the right to use the easement sooner than sixty days after the initiation of eminent domain proceedings, which would be too late to allow the District to meet the deadlines set forth herein; and WHEREAS, the District has previously contracted with CALTRANS to have its bridge contractor install a section of 18" water pipe in the new bridge, so that, if needed, the District would have a second river crossing. The District's contract with CALTRANS does not calf for this 18" water line to be actually attached to the District water system. Instead, the 18" water line would remain unconnected until needed at a future date; and WHEREAS, the eastern span of the new bridge has been partially completed, and the 18" water line is being installed and will be available for use by the District; and WHEREAS, the District's engineers have advised the District that because of the difficulty and delay involved in relocating the existing 12" water line to the west, it would be advantageous to the District to connect its existing water system to the 18" pipe located in the new bridge, and temporarily abandon that portion of the 12" water line that CALTRANS has indicated must be relocated. The District's engineers have advised the District that it would be possible to connect the District's existing water system to the 18" water line in the bridge without any substantial interruption in service to the District's water . system; and WHEREAS, the District has moved expeditiously in response to CALTRANS' requirement that its 12" water line be relocated, but because of various technical problems, including those described above, the District has not been able as of this date to complete the relocation; and WHEREAS, it was not until August 7, 1992, that the District discovered that it would not be able to acquire an easement from the neighboring property owner without substantial delay. The District's engineers' recommendation that the District's water system be connected to the 18" water line in the bridge was delivered to the Board of Directors on August 10, 1992; and WHEREAS, the District has been informed by CALTRANS that the District will be permitted to negotiate with Perata Excavation Company, Inc., CALTRANS' subcontractor, who is currently on-site and engaged in utility construction at the new bridge location; and WHEREAS, Public Contract Code Section 20201 generally requires that the District seek competitive bids when engaging in new construction if the cost of materials, supplies and labor exceed $10,000.00; and WHEREAS, the District's engineers have estimated that the cost to connect the District water system to the 18" pipe in the new bridge will exceed $10,000.00, and -2- WHEREAS, various California court decisions, including Graydon v. Pasadena Development A end, 104 Cal.App.3d 631 (1980), hold that if the subject of a contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bids would thus be undesirable or impractical, or impossible, a public agency may dispense with competitive bidding; and WHEREAS, for the following reasons, there is not sufficient time available to the District to advertise for, receive, analyze, and consider competitive bids and then to award the bid with an allowance of time for the contractor to mobilize: a. Pacific Bell, whose conduit is encased in the same concrete as the District's 12" water pipe, has indicated that it cannot delay relocation of its conduit past September 15, 1992. Pacific Bell has indicated that it intends to use mechanical equipment to break its conduit out of the same concrete that encases the District's 12" water line. The District's engineers have advised the District that Pacific Bell's work will create a substantial risk of damage to the District's 12" water line and a substantial risk of an interruption in water service. If the District were to engage in competitive bidding, it would not be possible to perform the necessary work to safeguard the District's water supply prior to Pacific Bell's September 15, 1992 deadline. b. The Lahontan Regional Water Quality Control Board requires that all construction in the river channel be completed by October 15, 1992. If the District were to engage in competitive bidding, it would not be possible for it to complete all construction in the river channel prior to October 15, 1992. C. The California Department of Fish and Game requires that all construction in the river channel be completed by October 15, 1992. If the District were to engage in competitive bidding, it would not be possible for it to complete all construction in the river channel prior to October 15, 1992. d. It is not possible for the District to take the time necessary to solicit competitive proposals, and allow time for a contractor to mobilize and come on site, without missing all of the deadlines set forth above. e. If the District engages in competitive bidding, it is possible that the resulting delay would prevent CALTRANS from proceeding on schedule with other portions of the bridge construction. If CALTRANS, or its contractors, were damaged as a result of such delay, it is possible that they would then seek to recover such damages from the District. WHEREAS, it is likely that it would be advantageous to the District to engage Perata Excavation Company, Inc. to perform the work of connecting the District's water system to the 18" pipe in the new bridge, for the following reasons: a. Perata Excavation Company, Inc. is currently on-site and fully mobilized, and would not need any additional time before beginning work. -3- b. Perata Excavation Company, Inc. is currently on-site, engaged in utility construction at the new bridge, and has already incurred all expenses of mobilization. it is likely that the District would be able to save the mobilization expenses that it could otherwise expect to pay to a contractor for the work that needs to be done. C. Perata Excavation Company, Inc. is currently on-site, familiar with the area and the work to be done, and is already installing the 18" pipe to which the District water system would be connected. It is likely that Perata Excavation Company, Inc. could formulate a proposal that would constitute its precise cost of performing the necessary work, and it would not need to include costs for contingencies and unexpected occurrences. d. Because construction on the bridge is currently going on, and traffic control is in place, it is likely that the work could be done by Perata Excavation Company, Inc. without substantial additional expenses of traffic control and traffic routing. WHEREAS, for all of the reasons set forth above, competitive proposals would be unavailing and would not produce an advantage, and the advertisement for competitive bids would thus be undesirable, impractical, and impossible, and engaging in a competitive bidding process would cause the District to miss the deadlines imposed by CALTRANS, Pacific Bell, the Lahontan Regional Water Quality Control Board, and the California Department of Fish and Game, could expose the District to claims for damages as a result of the delay that would be caused by engaging in the competitive bidding process, and could jeopardize the District's water system, including the fireflow component, if Pacific Bell proceeds with its work before the 12" water line can be abandoned or relocated. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors, as follows: 1. All of the recitals set forth above are adopted as findings of the Board of Directors. 2. The District shall dispense with competitive bidding for all of the reasons set forth above. 8. The District General Manager, assisted by District staff and the District's engineers, is directed to negotiate a contract with Perata Excavation Company, Inc. to perform the work of connecting the District water system to the existing 18" pipe located in the new bridge. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 10th day of August 1990 by the following roll call vote: _4. AYES: Corbett, Curran and Aguera NOES: Sutton ABSENT: Maass TRUCKEE DONNER PUBLIC UTILITY DISTRICT By ;. . �10 eph Aguer , President ATTEST: ,= i j 1 Susan M. Craig, Deputy District C k i CR.� �T1Y/ N 7 OF THE E TRI C EE� CNN R PUSL� UTILITY ]1STRl T ..APPROVING AND ACCEPT N.G GNTRA.. TAHQE DC31lNER PIPELINE REPLACEI3tENT ;PROJECT AND DIRECTING THE FILING OF THE NOTICE CIF COMPLETION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District approved the specifications and called for proposals on the Tahoe Donner Pipeline Replacement Project; and WHEREAS, Contract A was awarded to the low bidder, T& S Construction Company and the contractor entered into an agreement with the District to perform the project; and WHEREAS, the project has been completed by the contractor and he has conformed with the provisions of the contract; and WHEREAS, the District's Consulting Engineer, SEA, has recommended that the project be accepted by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the District hereby accepts Contract A, Tahoe Donner Pipeline Replacement Project, 2. That the Clerk of the District be directed to file with the County of Nevada the Notice of Completion, a copy of which is attached hereto. 3. That 35 days following the filing of the Notice of Completion, the 5% retained from contractor payments be released to the contractor if no claims ri b mat erial suppliers or laborers. n made to the District PP have been Y PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the loth day of August 1992 by the following roll call vote: AYES: Aguera, Corbett, Curran. NOES: Sutton. ABSENT: Maass. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By � - Jo e , Aguera, Pr " ent ATTE Susan M. Craig, Deputy District Jerk smc RECORDING REQUESTED BY: Truckee Donner Public Utility District WHEN RECORDED, RETURN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Past Office Box 309 Truckee, CA 96160 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, Past Office Box 309, Truckee, CA 96160. 2. That on the hereinafter described improvements were accepted as completed pursuant to a resolution of the Truckee Donner Public Utility District, the awarding authority. 3. That the subject improvements of the Notice are generally described and identified as follows: TAHOE DONNER PIPELINE REPLACEMENT PROJECT, CONTRACT A, a project located in Truckee, Nevada County, California, more specifically, the Tahoe Donner Subdivision, Truckee, California. 4. That the name of the contractor for such project was: T & S Construction Company, 6108 Hedge Avenue, Sacramento, CA 95029. Dated: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Bt Y Peter L. Holzmeister, General Manager STATE OF CALIFORNIA COUNTY OF NEVADA On r' before e, ���sg.� �. �.2�� personally appeared PETER L. HOL2 Elsrsonalky known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. CapaZ'6nd y signer: Corporate officer - Clerk/Ex-officio Secretary of the Truckee Donner Public Utility Distri Witnend fficial sea �<< T OFFICIAL SEAL SUSAN M CRAIG .,N Susan M. Craig, Notary s� •m N07ARY P:;21:C NEVADA MARY y'� v My comm. exp'Eres NIAY 29, 3J3 RESOLUT104:NO OF THE TRUCKED CCNNF PUBLIC UTLITY( ISTT APPI oViNG AND ACCEPTING C©NT,RACT C TAHOE DONNE.R PIPELINE REPLACEMENT 'PR�JECT AND DIRECTING ITHE FILING OF THE I�aTICE �}F C4MPLETIC}N WHEREAS, the Board of Directors of the Truckee Donner Public Utility District approved the specifications and called for proposals on the Tahoe Donner Pipeline Replacement Project; and WHEREAS, Contract C was awarded to the low bidder, T& S Construction Company and the contractor entered into an agreement with the District to perform the project, and WHEREAS, the project has been completed by the contractor and he has conformed with the provisions of the contract; and WHEREAS, the District's Consulting Engineer, SEA, has recommended that the project be accepted by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the District hereby accepts Contract C, Tahoe Donner Pipeline Replacement Project. 2. That the Clerk of the District be directed to file with the County of Nevada the Notice of Completion, a copy of which is attached hereto. 3. That 35 days following the filing of the Notice of Completion, the 5% retained from contractor payments be released to the contractor if no claims have been made to the District by material suppliers or laborers. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 1 Qth day of August 1992 by the following roll call vote: AYES: Aguera, Corbett and Curran. NOES: Sutton. ABSENT: Maass. TRUCKEE DOWNER PUBLIC UTILITY DISTRICT BY Jos h R. guera, Pre ent ATTEST; Susan M. Craig, Deputy Di ►ct Clerk smc RECORDING REQUESTED BY: Truckee Donner Public Utility District WHEN RECORDED, RETURN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, CA 96160 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. That on the hereinafter described improvements were accepted as completed p ursua t to a resolution of the Truckee Donner Public Utility District, the p awarding authority. 3. That the subject improvements of the Notice are generally described and identified as follows: TAHOE DONNER PIPELINE REPLACEMENT PROJECT, CONTRACT C, a project located in Truckee, Nevada County, California, more specifically, the Tahoe Donner Subdivision, Truckee, California. 4. That the name of the contractor for such project was: T & S Construction Company, 6108 Hedge Avenue, Sacramento, CA 95029. Dated:'4z�4 TRUCKEE DONNER PUBLIC UTILITY DISTRICT By � � Peter L. Holzmeister, General Manager STATE OF CALIFORNIA COUNTY OF NEVADA On _�' �-x before me,,,s�z .��v . ��,G- _, personally appeared PETER L. HOLZM IST R, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Capacity claime f y signer: Corporate officer - Clerk/Ex-officio Secretary of the Truckee Donner Public Utility District. . ;Witn4esshand and icia seal F OFFICIAL SEAL L SUSAN M CRAiG ` NOfAr<Y PUB'.I(".- CAI:FOni1lA Susan M. Craig, Notary y Comm. exptes WAY 29, 19-93