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Resolution 2988-15 1 RESOLUTION NO. 2988-15 2 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 3 DECLARING AN EMERGENCY, AUTHORIZING CONTRACTS WITHOUT 4 BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION, AND DETERMINING CEQA EXEMPTION 5 6 WHEREAS, the South Tahoe Public Utility District ("District") is engaged in the 7 production, treatment and distribution of water to its customers; and, 8 WHEREAS, the District's sewer pipeline that runs through the center of the former 9 Osgood Street was videoed by District staff as part of its regular maintenance program; 10 and, 11 WHEREAS, this pipeline had previously been identified by District staff as 12 problematic and is on an enhanced maintenance schedule; and 13 WHEREAS, this sewer pipeline is approximately 400 linear feet of 6" asbestos 14 cement pipeline that currently serves Chevy's and the Ski Run Center commercial 15 businesses; and 16 WHEREAS, there is little slope to the pipeline and low points or "bellies" have 17 developed which have contributed to the failure of the pipeline; and 18 WHEREAS, this pipeline was installed in the early 1960's and previously served 19 businesses that included restaurants and District staff believes that these businesses may 20 have utilized commercial drain cleaners which contributed to the deterioration of the 21 pipe; and 22 WHEREAS, upon reviewing the video that was obtained of the pipeline, it was 23 noted that debris in the pipeline consisted of rocks and there was evidence of 24 delamination of the pipeline; and 25 WHEREAS, District staff tried hydrojet cleaning of the pipeline; however the 26 hydrojet no�le was unable to traverse the length of the pipe; and during this effort mud 27 and debris flowing from the pipeline lead stoff to believe the hydrojet noale burrowed 28 through the bottom of the pipeline and into the soil underneath; and 29 30 1 WHEREAS, it is District staff's opinion that this is evidence that the bottom of the 2 pipeline has completely failed in some locations and the deterioration appearing in 3 other locations indicates that replacement of the sewer pipeline is necessary. 4 WHEREAS, in accordance with Public Contract Code section 22050, substantial 5 evidence has been provided to the District, which demonstrates immediate action is 6 necessary to prevent this loss or impairment, repair these facilities, and enter into 7 agreements with contractors to design and perform such repair necessary to maintain 8 service, which wiil not permit a delay resulting from competitive solicitation for bids and 9 this action is necessary to respond to the emergency; and, 10 WHEREAS, emergency projects are exempt from the requirements of the 11 California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301 12 relating to existing facilities. 13 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 14 1. The damage to the former Osgood Street sewer pipeline is an 15 unexpected occurrence that poses a clear and imminent danger, which could lead to 16 the loss or impairment of health, property and essential services, and therefore 17 constitute an emergency, pursuant to section 1 102 of the Public Contract Code. 18 2. Immediate action directly related to the emergency, including protection to 19 the pipeline and action to procure the necessary equipment, services and supplies is 20 necessary to respond to the emergency, which will not permit a delay resufting from 21 competitive solicitation for bids and this action is necessary to respond to the 22 emergency. 23 3. The General Manager/Engineer and Assistant General Manager/Engineer of 24 the District are hereby authorized and directed to order any action necessary and 25 appropriate to respond to the emergency including replacement of the pipeline, and 26 the procurement of any necessary equipment, services and supplies, without giving 27 notice for competitive bids to let contracts. 28 Resolution No.2988-15 29 August 20,2015 Page 2 30 1 4. Emergency repairs related to the replacement of the pipeline is 2 necessary to maintain service and repair actions are necessary to mitigate the 3 emergency are thus exempt from the requirements of CEQA pursuant to Public 4 Resources Code section 21080(b)(2) and (4)relating to emergencies and existing 5 facilities. 6 5. File a CEQA Notice of Exemption. 7 6. Approve expenditures necessary to start emergency repairs, estimated 8 to be $150,000; 9 7. This Resolution shali take effect immediately. 10 11 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly adopted and passed by the Board of Directors of the South Tahoe 12 Public Utility District at a regularly scheduled meeting held on the 20th day of August, 13 2015, by the following vote: 14 15 AYES: Jones, Vogelgesang, Sheehan, Wallace 16 None NOES: 17 ABSENT: Cefalu 18 19 20 Randy Vogelgesang, Board President South Tahoe Pubiic Utility District 21 22 23 ATTEST: 24 �j'���/�� (/ 25 Melonie Guttry, Clerk of the Board 26 27 28 29 Resolution No.2988-15 3� August 20,2015 Page 3