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Home My WebLink About2005-03-15; City Council; 18028; Emergency Action Approval Storm Damage RepairsP w B f Z 0 F G 2 -I z 3 0 0 APPROVAL OF EMERGENCY ACTION TAKEN BY CITY MANAGER FOR STORM DAMAGE REPAIRS 4B# 18,028 CITY ATw. CITY MG* MTG. 3/15/05 DEPT. PWlGS CITY OF CARLSBAD ..AGENDA BILL TITLE: RECOMMENDED ACTION: CITY COUNCIL OF THE CITY OF CARLSBAD: Adopt Resolution No. 2005-076 confirming staff actions and waiving bidding procedures as set forth in Carlsbad’s Purchasing Ordinance Section 3.28.130; and authorizing the City Manager, or his designee, to pay for all goods and services related to this Emergency Action. ITEM EXPLANATION: On January 7, 2005, the City of Carlsbad began to experience unusually heavy rainfall. To mitigate the damage caused by the torrential rains, staff was required to act immediately to procure additional equipment and personnel assistance. Work included debris removal from fallen trees, broken limbs, mudslides, and road repair, as well as delivery of material, rental of dump trucks, loaders and other equipment. A summary of contract services that have been procured to date is included in attached Exhibit 1. The City Manager determined that the damages created a situation that required immediate action to prevent or mitigate the loss of property and/or essential public services. It was also determined that required actions were beyond the control of the existing City services, personnel, equipment and that the conditions did not permit a delay resulting from a competitive solicitation for bids. Section 3.28.130 of the Carlsbad Municipal Code gives the City Manager authority to declare a public emergency subject to confirmation by the City Council, by a four-fifths vote at its next regular meeting following the declaration of the emergency. The City Manager is authorized to take action as required by the existence of a proclaimed emergency and procure any necessary equipment, services, and supplies, without adopting the plans, specifications, or working details or giving notice of bids to let contracts. Pursuant to that section, the City Manager signed a local emergency proclamation (attached Exhibit 2) on February 23, 2005. This proclamation covers damage repairs from January 7, 2005, and approved all actions required by the existence of the emergency to procure necessary equipment, services, and supplies for those purposes related to storm damage repair. Pursuant to Public Contract Code section 22050(c), the City Council must also review ongoing emergency procurement of goods and services every fourteen days to determine whether the remainder of the emergency action may be completed by giving the usual notice for bids to let contracts. FISCAL IMPACT: Total contract services expenses to date are $41,243.34. Staff is continuing to incur additional expenses for contract services for emergency work. As a result, staff is also requesting an additional allocation of $50,000 to be appropriated to the Public Works Administration Operating Budget (001 601 0/7550) to cover future costs. Staff is in currently working with the State of California, Office of Emergency Services and FEMA on an application for funding assistance. Staff will return to Council at a later date to provide an update on this work. I PAGE 2 OF AGENDA BILL NO. 18,028 EXHl BITS: 1. Document titled, "Contract Services Summary, Storm Damage Repairs." 2. Document titled, "Declaration of Local Emergency in Order to Immediately Procure Equipment, Services and Supplies", dated February 23, 2005. 3. City Council of the City of Carlsbad: Resolution No. 2005-076 DEPARTMENT CONTACT: Clint Phillips, (760) 438-2722, cphil@ci.carlsbad.ca.us a EXHIBIT 1 CONTRACT NAME Cannon Pacific Services El Camino Rental El Camino Rental Erreca's Inc. Erreca's Inc. Erreca's Inc. Erreca's Inc. CONTRACT SERVICES SUMMARY STORM DAMAGE REPAIRS DESCRIPTION OF GOODS, SERVICES AND/OR SUPPLIES PROCURED COST ESTIMATE Broom sweeping and debris removal $120.00 5-YD Dump Truck Rental $375.24 Arrow Board Rental $58.50 Remove vegetation blocking flow @ bridge $8,582.56 Road repair due to erosion $4,729.77 Road repair; debris and mud removal off roads $1 2,850.31 Remove silt $1 4,526.96 DATE 0111 1/2005 01/10/2005 01/11/2005 01/11/2005 2/22/2005 2/23/2005 ~ 2/24/2005 I TOTAL 1 $41,243.34 EXHIBIT 2 DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHERAS, the City Council of the City of Carlsbad empowers the City Manager to proclaim the existence of a local emergency when said City is affected by a public calamity and the City Council is not in session; and WHEREAS, the City Manager of the City Carlsbad, California does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by torrential rain which began on the 7th day of January, 2005; and That these conditions created unexpected occurrences that posed a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, and are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Carlsbad; and That these conditions did not permit a delay resulting fiom a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and That the City Council of the City of Carlsbad was not in session and could not immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Carlsbad, California; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions and duties of the emergency organization of the City of Carlsbad, are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Ra*d R. Patihe%, &ty Manager City oy Carlsbad, California 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 RESOLUTION NO. 2005-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CONFIRMING STAFF ACTIONS AND WAIVING BIDDING PROCEDURES AS SET FORTH IN CARLSBAD’S PURCHASING ORDINANCE SECTION 3.28.130; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO PAY FOR ALL EQUIPMENT, SERVICES AND SUPPLIES RELATED TO THIS EMERGENCY ACTION WHEREAS, the City of Carlsbad experienced damage to various areas of the City due to heavy rainfall; 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”; and WHEREAS, staff has determined that the damage to City property met the criteria for an emergency as defined in Public Contract Code 1 102; and WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal Code gives the City Manager authority to declare a public emergency subject to confirmation by the city council, by a four-fifths vote at its next regular meeting following the declaration of the emergency. The City Manager is authorized to take action as required by the existence of said emergency and procure any necessary equipment, services, and supplies, without adopting the plans, specifications, or working details or giving notice of bids to let contracts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as Follows: 1. 2. That the above recitations are true and correct. That the foregoing constituted an emergency situation requiring immediate action which could not reasonably wait for the next regularly scheduled meeting of the City Council of the City of Carlsbad and required that the City dispense with the formal bidding process. 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Manager is hereby authorized to have repaired and/or restored the damage to all areas affected by storm activity at a total of all contract costs to be determined once all procurement of equipment, services, and supplies by contract have been completed. 4. That every fourteen days, the City Manager shall review with the City Council the emergency actions taken to date. 5. That the City Manager is hereby authorized to appropriate Fifty Thousand Dollars ($50,000) to the Public Works Administration Operating Budget to cover the costs of future emergency repair contract services. 6. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad City :ouncil held on the 15th day of MARCH , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ATTEST LORRAINE Ril. WOM, City Clerk (SEAL) Lloyd HubbsPublic Work Director Jefferson Street –facing West Jefferson Street –damage repair Jefferson Street Jefferson Street La Costa Ave. La Costa Ave. –I-5 to El Camino Real Bluff @ Carlsbad Blvd & Palomar Airport Road Bluff @ Carlsbad Blvd. & Palomar Airport Road Bluff @ Carlsbad Blvd. & PalomarAirport Road Poinsettia & Cassia El Camino Real –near Chestnut Aqua HediondaPump Station –sinkhole @ storm drain Aqua HediondaPump Station -storm drain Aqua Hedionda Pump Station –inserting PVC pipe Park Dr. –near Marina Park Dr. –3/15/05aerial Rancho Carrillo -area in front of cantina Kurtz’ damage Kurtz’ damage –3/15/05aerial Kurtz’ slab lift Kurtz’ damage Kurtz’ damage –3/15/05aerial Kurtz’ backyard damage Kurtz’ hot tub damage Marbella–3/15/05aerial Marbella -pavement crack Marbella -pavement crack Marbella –pavement crack Marbella –pavement crack Marbella –structural damage Marbella –street damage Marbella –street damage