Loading...
HomeMy WebLinkAboutRes - 2007.08 - Approving Award of Sole Source Contracts to Roquet Paving, Inc.RESOLUTION N0.2007.08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT APPROVING AWARD OF SOLE SOURCE CONTRACTS TO ROQUET PAVING, INC., FOR CERTAIN STREET PAVING PROJECTS WHEREAS, the East Valley Water District ("District") is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq.; WHEREAS, the District, as a County Water District, is not subject to the competitive bidding requirements of the California Public Contracts Code `Associated Builders and Contractors v. Contra Costa Water District (1995) 37 Cal. App. 4'h 466, 43 Cal. Rptr. 2d 600]; WHEREAS, on April 8, 1991, the District's Board of Directors ("Board") adopted Resolution No. 1991.45 which established bidding and contract procedures as part of the District's Rules and Regulations so as to provide guidance and direction to the District's staff in obtaining outside services for projects initiated by the District; WHEREAS, Resolution No. 1991.45 also provided that the "Contract Procedures" set forth therein may be modified by the Board from time to time as deemed necessary; WHEREAS, on February 9, 1998, the Board adopted Resolution No. 1998.1 which modified the Contract Procedures" contained in Resolution No. 1991.45 to exempt from any formal and informal bidding requirements any project for which a "sole source contractor" has been designated; WHEREAS, for purposes of the "Contract Procedures" contained in Resolution No. 1991.45, the term sole source contractor" is defined in Resolution No. 1998.1 as "a contractor or consultant that has been evaluated to provide a unique or specialized service which cannot be obtained from other contractors," which designation must be approved by the Board; WHEREAS, the District occasionally requires immediate street paving and spot repair after completion of projects involving the operation, installation, maintenance, and repair or underground piping and other appurtenances so as to enable public use of the streets as soon as possible without undue delay associated with any applicable formal or informal bidding process; and WHEREAS, the District's past experiences with Roquet Paving, Inc., is such that it has been available to perform street paving and spot repair services for the District in a timely manner despite short notice and with high-quality workmanship that has been accepted by both the District and other local governmental agencies possessing regulatory oversight. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District hereby finds and determines that Roquet Paving, Inc., be designated as a sole source contractor for the paving of streets iu connection with District projects for which the District's General Manager concludes that entertaining formal and informal bids prior to the performance of such work would cause undue delay, hardship, and inconvenience to the public. The Board reserves the right to withdraw this designation in its entirety, or to suspend this designation on aproject-by-project basis, in the exercise of its sole discretion. BE IT FURTHER RESOLVED that, with respect to District projects for which the sole source designation applies in the limited manner described above, the District's Board of Directors hereby authorizes the District's General Manager to enter into contracts with Roquet Paving, Inc., as necessary to ensure timely street paving so as to prevent undue delay, hardship, and public inconvenience, at a price not to exceed 250,000, without the necessity of engaging in the formal or informal bidding process contained in the District's "Contract Procedures"asset forth in Resolution Nos. 1991.45 and 1998.1. Resolution No. 2007.08 Page Two ADOPTED this 24'h day of April, 2007. AYES: NOES: ABSTAIN: ABSENT: C_at~K/ip E. Sturgeon, Boazd President ATTEST: Ro ert E. Martin, Board Secretary