HomeMy WebLinkAbout2008-11-18; Municipal Water District; Resolution 1343RESOLUTION NO. 1343
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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
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CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) ACCEPTING
THE FINAL ACCOUNTING AND THE CONTRACT FOR THE
TAMARACK AVENUE SINKHOLE REPAIR, PROJECT NO. 1005,
AND DIRECTING THE SECRETARY TO RECORD A NOTICE OF
COMPLETION.
WHEREAS, on January 7, 2008, a sinkhole and separated waterline were discovered on
Tamarack Avenue; and
WHEREAS, the sinkhole was creating restricted public and emergency services access
to 2402 Tamarack Avenue; and
WHEREAS, as a result of isolating the waterline the facility had no active fire hydrants
for fire protections; and
WHEREAS, emergency repairs were needed to mitigate further damage to the existing
sewer system thereby eliminating the potential for a sewer spill creating public health and safety
concerns; and
WHEREAS, continued expansion of the sinkhole would eventually create substantial
impacts to Tamarack Avenue, its use and the remaining utilities in the street; and
WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and18
WHEREAS, staff determined that the damage to City water and sewer lines as well as
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the threat to Tamarack Avenue met the criteria for an emergency as defined in Public Contract
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Code Section 1102; and
21 WHEREAS, the Carlsbad Municipal Water District operates under the City of Carlsbad
2?purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District
and the City of Carlsbad dated June 25, 1991; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
Code gives the Executive Manager authority to declare a public emergency subject to confirmation
by the CMWD Board of Directors, by four-fifths vote at its next regularly scheduled meeting
following the declaration of the emergency; and
WHEREAS, on January 25, 2008, the City Manager/Executive Manager declared a state
of Local Emergency; and
WHEREAS, on February 5, 2008, City Council adopted resolution no. 2008-026
declaring a Local Emergency; and
WHEREAS, on February 19, 2008, City Council confirmed a continuing state of Local
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Emergency; and
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WHEREAS, on March 4, 2008, City Council confirmed a continuing state of Local
Emergency; and
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WHEREAS, on March 18, 2008, City Council confirmed a continuing state of Local
9 Emergency; and
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WHEREAS, on April 15, 2008, City Council declared the Local Emergency had been
abated and no need for the state of Local Emergency to continue for repairs of the sinkhole on
Tamarack Avenue; and
WHEREAS, a final accounting of the project indicates $509,417 was required to mitigate
14 the sinkhole repair on Tamarack Avenue; and
WHEREAS, the Tamarack Avenue Sinkhole Repair, specifically identified as Project15
No. 1005 was completed to the Board's satisfaction by Don Hubbard Construction Co. on
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September 10, 2008; and
17 WHEREAS, the formal project Notice of Completion has been prepared.
18 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
19 Municipal Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Board of Directors of the Carlsbad Municipal Water District accepts the
final accounting for the repairs of the sinkhole on Tamarack Avenue.
3. That the contract for the Tamarack Avenue Sinkhole Repair, Project No. 1005, is
deemed complete and is hereby accepted by the Board of Directors of the Carlsbad Municipal
Water District.
4. The Secretary of the Board is hereby authorized and directed to execute and
record the Notice of Completion for the Tamarack Avenue Sinkhole Repair, Project No. 1005.
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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,
held on the 18th day of November, 2008, by the following vote:
AYES: Board Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Board Member Kulchin.
LEWfS/President
ATTEST:
XORRAINB M. WOOD, Secretary
'(SEAL)..