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HomeMy WebLinkAboutRES 1993-37 - Board .. ...... ......................... ........................ ......... ..... ................ ....... .. .... ..... .......... . ... ...... ...... ................................ ...........RES�LUTIQN N ....... . . ...... CJ33T ... ..... ... .. ................. ........... ............. . ........................... ........ .............. ............ .. ...... . ..... .......... ......... ...... . . . . ...... .. .... ... ......... . . ... . . ............. 0 F. T H . ..... ....... . .... . .... .. ............. .. .... ......................... .............. ....... . . ........ ... .... ..... ...... ----.....................-.11...... .. .. .. ......-..... ...................... ......... . .... .. ........... . . ... . .................... ........... ...................... ... . .- Tf....- UGKEE DONNER- PUBLIC UTILITY DISTRICT_ _....... ..... ......_ _ _ _ _ _ __ __... .... .... _ _ ___ _ ___ ...... ........ ............ _ _ . .. .......... __ _ _ _ . ..... _ _ _ _...__._ ........._ _ _ _ __ . ...... ... _. . ........_.. . .............__ _ __ ...... .. . __.._ _ _ _ ___ .. ..... ..... ..._ __ _ _ __ __ _.._.._.._ _ _ _.. . __ _ __ _ __ ... .._.... .............. _ _ _ _ __ _ _ _ _ __ _ _ .................................................. ................................... .......... .. ....... ......... ........ ......... ....................................... . .................. .... ...................... ........ ...... ... ........ ....... . .......... ....... ................. .................................................................... .......... .. .................................... ........................................ ... ................... ............. ............ ........ ....... . ................ .. .............. ...................... ......... ..................... ........................ .................... ......... .............................................. . .................................................................. ............... . .... .............. tIRE�TING THAT'IrOMPETITIVE 6IDD�NG BE DISPENSED.WITH LN GON'NECTION WITH THE."DISTRICT"S RECONNECTION OF A WATER LINE _ _. _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ _ .__ . _ _ ............ _ _ _ __ .._.... __ _ ........_ _ ._.... _ _ _ __ _ _ _ ._.. . ................ _ _ ......... ............. ._ _ . ......_. .. _ __. ... ......__. __......_ _ _.... ............_.._ _ __ _ .... . ..... ......... ...... _ _ _ _ ___ _ . ROSSING THE TRU KEE RIVER 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' plans call for it to construct one span of the new bridge immediately to the east of the old bridge, then to 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 crossing of the Truckee River which is located underground and immediately to the west of the old bridge and within CalTrans' R right of way; and WHEREAS, the District owns a 14" and 18" waterline which is located underground in Highway 267 and in the new section of the Truckee River Bridge and within CalTrans' right of way and this main water line supplies water to a large portion of the District's water customers; and WHEREAS, this 14" and 18" waterline is crucial to the operation of the District's entire water system, including the fire flow component of the District's water system; and WHEREAS, any interruption in the flow of water through the 14"and 18"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 water in District storage tanks available to fight structure and wildland fires, and WHEREAS, the existing 12" waterline is encased in concrete along with communication conduit owned by Pacific Bell and 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 was unable to negotiate the acquisition of an easement to relocate the 12" water line last year; and WHEREAS, the District 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 in addition to the ten existing 12" water line; and WHEREAS, the eastern span of the new bridge has been completed and the 18" water line has been installed and is available for use by the District; and WHEREAS, the District constructed the 14" waterline connected to the 18" water line in the bridge in order to bypass the 12" water line; and WHEREAS, a section of the 12"waterline has been removed during relocation of Pacific Bell communication conduit to accommodate bridge construction; and WHEREAS, the District has moved expeditiously in response to CalTrans requirement that its 12" water line be removed or relocated, and WHEREAS, the District's engineer was informed by CalTrans on June 22, 1993 that the CalTrans contractor would be removing approximately ten feet of over-burden material from the alignment of the 12" water line beginning on or about July 29, 1993 and being completed in two days followed by the placement of rock slope protection consisting of minimum one half ton boulders, and WHEREAS, CalTrans has indicated that it would allow the construction of a new section of 12" water line to replace the section previously removed between the time of removal of the overburden and the placement of the rock slope protection providing the work can be done in an expeditious mannerin orderto avoid anydelays to the CalTrans contractor; and WHEREAS, the District's engineer recommends that the 12" water line be replaced in order to reestablish an underground crossing of the Truckee River as a backup to the 18" water line in the bridge in this critical part of the District's water system, such recommendation being delivered to the Board of Directors on July 14, 1993; 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; and WHEREAS, the District's engineers have estimated that the cost to replace the District system at the 12" pipe near the new bridge will exceed $10,000; and WHEREAS, various California court decisions, including Graydon v. Pasadena Development Agency, 104 CalApp 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. There is a very short window of opportunity, between the time of removal of the over-burden material and the placement of the rock slope protection when the District can replace the 12"waterline. According to CalTrans, this window will occur during the first week of August 1993. b. 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 the deadline set forth above. C. 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 replacing the District's water system to the 12" pipe near 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 the work. b. Perata Excavation Company, Inc. is currently on-site constructing bridge improvements 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 has already installed the 18" pipe and the District water system connection. 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. e. Cal Trans has stated that if Perata Excavation Company is used for the replacement of the 12" waterline, no additional permits from Cal Trans, the Lahontan Regional Water Quality Control Board or the Department of Fish and Game would be required; also, no further environmental review would be required. WHEREAS, for all of the reasons set forth above, competitive proposals would be unavailing and would not produce an advantage and the advertisements 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, 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 fire flow component, if there was ever a problem with the 14" and 18" water line in the bridge. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That all of the recitals set forth above are adopted as findings of the Board of Directors. 2. That the District shall dispense with competitive bidding for all of the reasons set forth above. 3. That the District General Manager, assisted by District staff and the District's engineers, be directed to negotiate with Perata Excavation Company, Inc. to perform the work of replacing the District water system at the existing 12"pipe located near the new bridge. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 19th day July 1993 by the following roll call vote: AYES: Corbett, Jones, Maass, Sutton and Aguera. NOES: None. ABSENT. None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT J se h` ' . Aguera, Pr;silent ATTESr; Susan M. Craig, Deputy Di rict Clerk smc