HomeMy WebLinkAboutRES NO 056-17RESOLUTION NO. 05 b - 1 %
A RESOLUTION DISPENSING WITH BIDDING
PROCEDURES DUE TO URGENT NECESSITY TO
REPLACE AND REPAIR SECTION OF CITY -OWNED
AMTRAK RAILWAY TIES AND AUTHORIZING
RAILWORKS TRACK SERVICES, INC. TO REPLACE
AND REPAIR RAILWAY TIES AND BURLINGTON
NORTHERN AND SANTA FE RAILWAY (BNSF) TO
PROVIDE SIGNAL SUPPORT AND TRAIN CONTROL
(NOT TO EXCEED $140,000)
WHEREAS, Niemeyer & Associates (Niemeyer) was retained by Council in
2013 to inspect the City -owned portion of the Amtrak passenger railway, which
runs from "H" Street to Union Avenue, to ensure that the Federal Railroad
Administration (FRA) Track Safety Standards, designed to ensure the safe
transportation of railway passengers, are adhered to; and
WHEREAS, in late 2016, Niemeyer's Track Inspector notified City staff that
railway ties between "L" Street and the "CP" Amtrak Lead (start of "dispatcher
controlled trackage ") required urgent replacement and repair for the
preservation of life, health or property; and
WHEREAS, to remedy this urgent situation, the Public Works Director
authorized RailWorks Track Services (RailWorks) to perform the necessary repairs
to ensure passenger safety; and
WHEREAS, the cost for RailWorks to repair and replace the railway ties was
$85,423; and
WHEREAS, a portion of the replacement and repair work involved the
"dispatcher controlled trackage "; and
WHEREAS, BNSF Railway requires that their staff provide signal support and
train control whenever work is performed on "dispatcher controlled tracks "; and
WHEREAS, BNSF has billed the City $50,910.93 for costs incurred for that
signal support and train control; and
WHEREAS, RailWorks and BNSF was authorized by the Public Works Director
to replace and repair the section of railway between "L" Street and the "CP"
Amtrak Lead on a time- and - materials basis; and
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WHEREAS, City staff has reviewed invoices from RailWorks and BNSF
relating to this work and concurs with the charges.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. Based on the facts included in the above recitals, the work performed by
RailWorks and BNSF was of urgent necessity for the preservation of life,
health or property, thereby allowing the dispensing of bidding
requirements as set forth in Section 136 of the City Charter and Section
3.20.060 of the Bakersfield Municipal Code.
3. The Finance Director is authorized to dispense with bidding in accordance
with Section 3.20.060 of the Bakersfield Municipal Code.
4. The expenditure of funds for the work, supplies, equipment and materials
described herein must not exceed $140,000.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on MAY 10 2017 , by the following vote:
/ ✓ ✓ ✓ ✓
AYES COUCILMEMBER RIYERA, GONZALES, WEIR, SMIiH,,SULLIVAN, EARLIER
ES: COUCILMEMBER t s
AB N: COU t CILMEMBEft N�Sl
81EN' COUCILMEMBER Lw C in
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CHRISTOPHEk GERRY
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: MAY 10 2017
i1
✓t/J
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ANDREW HEGLUND
Deputy City Attorney
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