HomeMy WebLinkAbout2008-10-07; Municipal Water District; Resolution 13391
RESOLUTION NO. 1339
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD) ACCEPTING THE FINAL
ACCOUNTING AND THE CONTRACT FOR THE LOCAL
4 EMERGENCY REPAIR OF THE SINKHOLE AND POTABLE WATER
PIPELINE FROM 2277 CAMEO ROAD TO EL CAMINO REAL AND
5 DIRECTING THE SECRETARY TO RECORD A NOTICE OF
COMPLETION AND RELEASE BONDS IN ACCORDANCE WITH
6 STATE LAW AND CITY ORDINANCES.
7 WHEREAS, on March 1, 2008, a sinkhole and separated storm drain pipeline were
discovered in a drainage easement located at 2283 Cameo Road; and8
WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo
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Road; and
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WHEREAS, the sinkhole and missing storm drain segment had the potential to
undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
12 property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
13 3817 El Camino Real; and
14 WHEREAS, CMWD has determined the potable water pipeline requires replacement;
15 and
16 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
17 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
„ o prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and1o
WHEREAS, staff determined that the potential damage to water lines, as well as thei y
threat to real property meets the criteria for an emergency as defined in Public Contract Code
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Section 1102; and
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WHEREAS, the Carlsbad Municipal Water District operates under the City of Carlsbad
22 purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District
23 and the City of Carlsbad dated June 25, 1991; and
24 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
25 Code gives the City Manager authority to declare a public emergency subject to confirmation by
26 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
27 of the emergency; and
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1 WHEREAS, the City Manager declared a Local Emergency on March 7, 2008; and
2 WHEREAS, said Local Emergency continues until the sinkhole and all associated
o components and conditions have been restored and declared abated by order of the City Manager
and City Council; and
WHEREAS, on April 22, 2008, the Carlsbad Municipal Water District declared a Local
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Emergency; and
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WHEREAS, on May 6, 2008 Carlsbad Municipal Water District declared that said Local
Emergency had been abated and no need for the state of Local Emergency to continue for repairs
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of sinkhole and potable water pipeline from 2277 Cameo Road to El Camino Real; and
^ WHEREAS, a final accounting of the project indicate $92,738 was required to mitigate to
10 sinkhole and potable water pipeline repair; and
11 WHEREAS, the Potable Water Pipeline Repair between 2277 Cameo Road and
12 El Camino Real, Project No. 5011, is complete; and
13 WHEREAS, all work has been completed to the Carlsbad Municipal Water District's
14 satisfaction by Don Hubbard Constriction Company; and
WHEREAS, the formal project Notice of Completion has been prepared.15
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
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Water District (CMWD) of the City of Carlsbad, California, as follows:
17 1. That the above recitations are true and correct.
18 2. That the Board of Directors of Carlsbad Municipal Water District accepts the final
1Q accounting for the repairs of sinkhole and potable water pipeline from 2277 Cameo Road to
20 El Camino Real.
21 3. That the contract for the Potable Water Pipeline Repair between 2277 Cameo
22 Road and El Camino Real, Project No. 5011, is deemed complete and is hereby accepted by the
23 Board of Directors of Carlsbad Municipal Water District.
24 4. The Secretary of the Board is hereby authorized and directed to execute and
25 record the Notice of Completion for the Potable Water Pipeline Repair between Cameo Road and
26 El Camino Real, Project No. 5011.
27 "/
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council on
the 7th day of October, 2008, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LEWIS, President
ATTEST:
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LORRAINEM. WOOD, Secretary
(SEAL)