HomeMy WebLinkAboutRES 1998-19 - Board RESOLUTION NO. 9819
OF THE
_w TRUCKEE DONNER PUBLIC UTILITY DISTRICT
DIRECTING THAT COMPETITIVE BIDDING BE DISPENSED
WITH IN CONNECTION WITH THE RELOCATION OF ITS
WATER LINE ON WEST RIVER STREET AS REQUIRED FOR THE
RAILROAD UNDERCROSSING TO CONTINUE CONSTRUCTION
WHEREAS, during the course of construction of the railroad undercrossing between Donner Pass
Road and West River Street, it was discovered that the District's waterline on West River Street lies
only two feet below the proposed road grade elevation of the project, instead of the required four foot
depth; and
WHEREAS, during construction of the railroad undercrossing excavation work will be done so that
the water line will only be buried six inches, at times, which creates a high danger that the water line
could be damaged, and
WHEREAS, it is necessary for the District to relocate approximately 600 feet of its water line so it
is at least four feet below the proposed road grade elevation, and
WHEREAS, the District must commence relocation of its water line immediately so that it will be
adequately protected from damage during the excavation work being performed on the railroad
undercrossing project and be placed at the specified depth of four feet to continue to protect the line
following the completion of the railroad undercrossing project, and
WHEREAS, the contractor working on the railroad undercrossing project was selected by the Town
of Truckee through a competitive bidding process; and
WHEREAS, the District desires to direct the contractor working on the railroad undercrossing project
to perform the work necessary to relocate its waterline in accordance with the District's design and
construction standards, and
WHEREAS, the Public Contract Code Section 20201 generally requires that the District engage in
competitive bidding on any expenditure in excess of$10,000, and
WHEREAS, it has been determined by District staff that it is not possible to engage in competitive
bidding for the relocation of its West River Street water line without serious delay which would place
the water line at risk of damage during the construction of the railroad undercrossing project, and
WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, a public
agency, pursuant to a four-fifths vote of the governing body, may repair or replace a public facility,
take any directly related and immediate action required by that emergency and procure the
necessary equipment services and supplies for those purposes, without giving notice for bids to let
contracts, and
WHEREAS, the District's need to relocate its West River Street water line immediately has created
a great emergency which, pursuant to Public Contract Code 22050, is justification for the District to
dispense with the competitive bidding procedures for the relocation of the water line.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Directors adopts the above recitals as its findings.
2. That, for the reasons set forth above, the District finds that the need to relocate its West River
Street water line has created an emergency and that the emergency will not permit a delay
resulting from a competitive solicitation for bids and that the immediate relocation of the water
line using the contractor constructing the railroad undercrossing is necessary to respond to
the emergency.
3. That the District shall therefore dispense with competitive bidding for the relocation of
approximately 600 feet of its West River Street water line, as required for the construction of
the railroad undercrossing.
4. That District staff be directed to research the superior rights issue and that a letter be sent
to the Town advising that the District will retain the right to submit a claim if it should establish
superior rights.
5. That the Board of Directors shall review the emergency action at its next regularly scheduled
meeting and at every regularly scheduled meeting thereafter until the action is terminated to
determine whether there is a need to continue the action.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the fifth day of August 1998 by the following roll call vote:
AYES: Hemig, Jones, Sutton and Maass.
NOES: None.
ABSENT.- Aguera
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Peter L. zmeister, Cf6rk of the Board
ATT
Susan M. Craig, Deputy District Clerk
smc