Council eyes emergency route to fix leaking waterline under railroad tracks as Union Pacific permit deadline looms

City staff warned the council of an urgent infrastructure issue: a leaking waterline beneath Union Pacific railroad tracks at the 2nd East location that requires a board/bore and tie-in before the permit expires. Director Squires said the permit to perform the work will expire July 9; rebidding the work could raise fees and delay repairs, with staff estimating boring costs could rise from approximately $610 per foot to $900 per foot if the project is rebid.

Council and counsel discussed procurement options. Counsel advised the council that state procurement rules allow limited exceptions—emergency work for threats to life, health or property or sole-source procurement when only one source is reasonably available—but cautioned that improper use of exceptions can expose the city to civil penalties and fines for willful noncompliance. Counsel said the civil penalty for a public agency that willfully or knowingly avoids bidding requirements can be $5,000 and noted potential secondary penalties for officials if rules are knowingly violated.

Council members emphasized timeline risks: staff reported the contractor who previously quoted the lower rate is available only if the city can proceed without rebidding the entire work package; the board/bore component has to be completed and tied to existing lines, and delaying could increase costs and risk of a major failure. One council member warned, "If that pipe was to fail underneath the tracks, ... devastating," underscoring the potential consequence if work is not completed promptly.

Council directed staff to draft findings and consider a special meeting to declare an emergency or to formally pursue a sole-source procurement with a 14-day notice as allowed under state procurement exceptions; counsel offered to seek peer input from other Idaho municipalities via a listserv to gauge precedent. The council tentatively scheduled a special meeting the following week to consider an emergency declaration and procurement resolution.

Why it matters: the leaking line threatens a critical north-south water transmission and carries operational risk for the water system, potential damage under railroad infrastructure, and time-sensitive permit constraints that could materially affect repair cost and contractor availability. The council has asked staff and counsel to prepare formal findings to support a procurement decision at a special council meeting.