Loading...
HomeMy WebLinkAboutRES 2003-38 - Board TRUCKEE DONNER Public Utility District Resolution No. 2003- 38 DIRECTING THAT COMPETITIVE BIDDING BE DISPENSED WITH IN CONNECTION WITH THE DISTRICT'S PURCHASE AND CONSTRUCTION OF UNDERGROUND ELECTRIC CONDUITS IN CONJUNCTION WITH THE CALIFORNIA DEPARTMENT OF PARKS & RECREATION'S REPLACEMENT OF THEIR WATER LINES WITHIN THE DONNER MEMORIAL STATE PARK WHEREAS, the California Department of Parks & Recreation ("State") is currently starting excavation through the Donner Memorial State Park to replace its water lines; and WHEREAS, joint trenching is beneficial because it reduces the noise and other environmental impacts of excavation by only trenching in an area once, rather than twice; and WHEREAS,joint trenching is beneficial to the District's customers because it reduces the trenching costs by approximately fifty percent and obtains the best economic result for the public; and Whereas,the District for years has tried to obtain access through the Donner Memorial State Park for underground electrical facilities and has been denied an easement by the State; and Whereas, the District for years has had a direct buried electrical cable feeding into the Donner Memorial State Park; and Whereas, the existing direct buried cable is many years past its' life expectancy; and Whereas,the existing direct buried cable serves two sewer pump stations along Donner Lake;and Whereas, the failure of this cable could possibly result in a sewage spill near Donner Lake; and Whereas, an electrical connection through the Donner Memorial State Park would result in improved electrical service reliability for the entire Donner Lake area; and. Whereas, if this electrical connection would have been in place during the December 2002 storm, the outage to many customers could have been reduced by days; and Whereas, the State will be replacing its failing water lines within the Donner Memorial State Park; and Whereas, the State has completed the CEQA process to replace its water lines; and Whereas, there is an existing contract by the State to replace its water lines; and Whereas the State has now agreed to let the District have electrical conduit installed into the same trench with the new water lines and through the Donner Memorial State Park,and has informed the District that if it does not install its facilities at this time, it will not be allowed to do so in the future; and Whereas, the electrical conduit will be installed into a trench width that was described in the CEQA review; and 1 Whereas, the State's contractor has agreed to install the District's electrical conduit into the same trench as the water facilities for$35.00 per foot; and Whereas, there is approximately 6,500 feet of trench within which the District would like to install joint electrical facilities with the State's new water facilities; and Whereas, if the District were able to install its own trench (which the State would not allow)it would cost more than joint trenching with another entity; and Whereas,the cost of installation of this conduit is comparable to other installations the District has bid in the past; and Whereas, the District must purchase conduit for the joint trench project; and Whereas, the District will not have sufficient time to competitively bid for some of the conduit required for the joint trenching with the Donner Memorial State Park project; and Whereas, if the District has electrical conduits installed,the State Park has agreed to work with the District on an electrical easement through the Donner Memorial State Park; and Whereas, the District learned that the State's contractor is currently mobilizing for this project and will start excavation during the first week of September 2003; and WHEREAS, various California court decisions, including Graydon v. Pasadena Development Agency 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, impractical or impossible, a public agency may dispense with competitive bidding; and WHEREAS,due to the facts set forth above, competitive bidding would be unavailing and would not produce an advantage to the District,and the advertising for competitive bids would not produce an advantage to the District and would be undesirable; and WHEREAS, the District has determined that entering into a joint trenching agreement with the contractor installing the new water lines for the State is required to integrate the trenching activities of the two entities and obtain the advantages outlined above; and WHEREAS Public Utilities 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$15,000; and NOW THEREFORE, BE IT RESOLVED that the Board of Directors adopts the above recitals as its findings; and BE IT FURTHER RESOLVED by the Board of Directors that for the reasons set forth above, the District finds that seeking competitive bids for the excavation of trenches and installation of electric facilities through Donner Memorial State Park would be unavailing,would not produce an advantage to the District, and would be undesirable and costly in that it would result in the District not being able to install new electric facilities through the Donner Memorial State Park. BE IT FURTHER RESOLVED that the District shall therefore dispense with competitive bidding for m the excavation of trenches and installation of electrical facilities through the Donner Memorial State Park; and that the District General Manager is authorized to negotiate and execute contracts with the State and/or its contractor for such excavation and installation work. 2 BE IT FURTHER RESOLVED that the District shall therefore dispense with competitive bidding to purchase the necessary conduit and electric facilities for installation through Donner Memorial State " Park, and that the District General Manager is authorized to negotiate and execute contracts for the purchase of such conduit and facilities. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the second day of September, 2003 by the following roll call vote: AYES: Directors Aguera, Hemig and Maass NOES: None ABSENT: Directors Sutton and Van Gundy TRUCKEE DON ER PUBLIC UTILITY DISTRICT J. emig, President ATTEST: Peter L. Holzmeister, District CI rk 3