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HomeMy WebLinkAbout2007-07-10; City Council; 19082; Approval Hazardous CleanupCITY OF CARLSBAD / PUBLIC FINANCING AUTHORITY- AGENDA BILL 1 AB# MTG. DEPT. 19,082 7710/07 CA APPROVAL OF EMERGENCY ACTION TAKEN BY CITY MANAGER FOR HAZARDOUS MATERIAL CLEANUP AND APPROPRIATIONS FOR CLEANUP AND REPAIR OF DAMAGE TO THE CROSSINGS AT CARLSBAD GOLFCOURSE FROM A PLANE CRASH DEPT. HEAD CITY ATTY. CITY MGR. 2007-178 ratifying the City Manager's declaration of RECOMMENDED ACTION: City Council adoption of Resolution No., emergency action and appropriating funds in an amount not to exceed $500,000 for the mitigation, transportation and disposal of hazardous materials caused by an airplane which crashed onto The Crossings at Carlsbad Municipal Golf Course. Carlsbad Public Financing Authority adoption of Resolution No. 39 authorizing a change order to its existing contract with Wadsworth Golf Course Construction Company in an amount not to exceed $250,000 to repair damage to The Crossings at Carlsbad Golf Course , caused by an airplane crash. ITEM EXPLANATION: On July 3, 2007 at approximately 5:30 a.m. a plane taking off from Palomar Airport in heavy fog hit two power lines and landed on the No. 3 hole at the new Carlsbad municipal golf course. The accident left fuel and debris on the golf course and a quarter mile beyond the green. On that same date the County of San Diego issued an Official Notice of Violation to Southwest Consulting Group, Inc., the owner of the plane, ordering it to immediately contract with a licensed hazardous waste contractor for proper removal and disposal of contaminated soil. Southwest Consulting Group flight insurance company, CTC Services Aviation (LAD Inc.), an independent claims management company that adjusts losses insured by U.S. Specialty Insurance Company for initially contracted with NRC Environmental Services to do the emergency clean up work. On July 6, 2007 after the cleanup work had begun, CTC Services Aviation reneged on that obligation and it became necessary for the City, as the land owner, to authorize NRC to complete the clean up work. The City Manager declared the necessity for emergency action on that date, to allow the City to utilize emergency contracting procedures pursuant to Public Contract Code §22050 to immediately contract with NRC to mitigate, transport and dispose of contaminated materials on the golf course. A copy of the County Notice of Violation, Declaration of Local Emergency and the Emergency Response Work Order for the work to be done by NRC are attached as Exhibits C, D and E. Public Contract Code § 22050 provides that the City Manager must report to the City Council, at its next regular meeting, the reasons justifying why DEPARTMENT CONTACT: Ron Ball 760-434-2801 FOR C/7Y CLERK'S USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Daa CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D the emergency would not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. The City Council, pursuant to a four- fifths vote may repair or replace a public facility and ratify any directly related and immediate action required by that emergency without giving notice for bids to let contracts. Once the removal of contaminated soil and other materials is completed by NRC, it will be necessary for the golf course contractor, Wadsworth Golf Course Construction Company, to repair the extensive damage to the fairway and green for hole no. 3 of the golf course, as well as any other areas damaged by fire. This work was initially contracted for by the Carlsbad Public Finance Authority and can be accomplished with a change order to the existing contract with Wadsworth. FISCAL IMPACT: Estimates of the costs involved are preliminary. NRC is working on a time and materials basis, and the cleanup cost is currently estimated to be as much as $500,000. An estimate by Wadsworth of the cost of repair to the third hole and other fire damage is estimated to be up to $250,000. The City of Carlsbad and the Carlsbad Public Financing Authority will request authorization at a later time for any necessary action to recover all costs from the responsible parties. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: A. Resolution N6?oo7-I7fiiappropriating funds in the amount of $500,000 for the cleanup of hazardous materials B. Resolution No. 39 authorizing a change order to the existing golf course contract. C. Declaration of Local Emergency D. San Diego County Notice of Violation E. Emergency Response Work Order . O HI >- CD W CO o 03O -I 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 A RESOLUTION NO. 2007-178 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 WHEREAS, on July 6, 2007, the City Manager of the City of Carlsbad proclaimed the existence of a local emergency in Carlsbad resulting from a airplane accident at the Crossings at Carlsbad Municipal Golf Course on July 3, 2007; and WHEREAS, Pubic Contract Code section 1102 defines 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 or property, or essential public services"; and WHEREAS, on July 3, 2007 the County of San Diego issued a Notice of Violation and ordered Southwest Consulting Group Inc., the owner of the airplane, to immediately contract with a licensed hazardous waste contractor for proper removal and disposal of contaminated soil; and WHEREAS, CTC Services Aviation (LAD Inc.), an independent claims management company that adjusts losses insured by U.S. Specialty Insurance Company, the company providing flight insurance for Southwest Consulting Group, initially contracted with NRC Environmental Services for the cleanup, but subsequently reneged on its authorization; and - o . O LU §u-o^o < < P o Wtf o — J 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 WHEREAS, it was therefore necessary for the City, as land owner, to authorize payment of NRC Environmental Services for the cleanup of the hazardous waste and debris; 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 and take action to procure any necessary equipment, services and supplies, without adopting the plans, specifications, or working details or giving notice of bids to let contracts, subject to confirmation by the City Council, by a four-fifths vote at its next regular meeting following the declaration of the emergency. WHEREAS, on July 6, 2007 the City Manager declared a Local Emergency and authorized NRC Environmental Services to proceed with the cleanup; and WHEREAS, current estimates are that the cost for the mitigation, transportation and disposal of hazardous materials will be approximately $500,000. NOW, THEREFORE, IT IS PROCLAIMED THAT: 1. That the above recitations are true and correct. 2. That the City Manager or his designee is authorized and directed to abate the emergency and the rules requiring notice and advertisement of bidding for such contracts shall likewise be suspended during the term of the emergency which will be revisited at the next regular Council meeting pursuant to Public Contract Code section 22050. 3. The sum of $ 500,000 is appropriated to pay for the mitigation, transportation and disposal of the hazardous materials. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Nygaard. NOES: Council Member Packard. ABSENT: None. RR/JJNE M. W (SEAL) D, City CJsrK,,, '''//? * V°''/IIIMXX Exhibit B 1 RESOLUTION NO. 392 3 4 5 M CROSSINGS AT CARLSBAD GOLF COURSE 6" 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD PUBLIC FINANCING AUTHORITY, CALIFORNIA, AUTHORIZING A CHANGE ORDER TO ITS CONTRACT WITH WADSWORTH GOLF COURSE CONSTRUCTION COMPANY NOT TO EXCEED $250,000 TO REPAIR DAMAGE TO THE WHEREAS, on July 3, 2007, an airplane crashed onto The Crossings at Carlsbad Golf Course and causing significant damage; and WHEREAS, current estimates are that the cost of the repair will be approximately $250,000; and WHEREAS, the Carlsbad Public Financing Authority has an existing contract with Wadsworth Golf Course Construction Company for construction of the golf course. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the foregoing accident and resultant damage require immediate repair and restoration of the golf course which is imminently scheduled to open. 3. That the Executive Director or his designee is hereby authorized to execute a change order in an amount not to exceed $250,000 for the repair and restoration. 4. The sum of $250,000 is appropriated to pay for the cost of repair to the third hole and other fire damage. 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 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Public Financing Authority held on the 10th day of July, 2007, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. A LtWIS, Chairman of the Board ATTEST: ORRAIE M. (SEAL) Exhibit C DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHEREAS, 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 of 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 a plane crash that occurred on the Crossings at Carlsbad Municipal Golf Course on July 3, 2007; 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 from 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. Dated: jA^Li (Q . crCX) / B RaymoSl R. PatchetrCity Manager City of Carlsbad, California 07/06/2007 16:21 FAX ExhlMt D i!002 COUNTY OF SAN DIEGO BUSINESS ADDRESS >?LL_ ZIP PAGE ESTNO.H DATE TIME BUS. CODE SPECIALIST' CONTACT NU. n / <A/ «"i -7/3/6-7 ; STARTEND ^ TITLE VT OWNERS NAME OWNERS ADDRESS //&SS C&AJS* tTlAJft /**CITY S/f// E>/t3£,O ZIP /4n inspection of your business was conducted, under the authority of Section 25185 of the California Health and Safety Code. This inspection was conducted with purpose of determining compliance with Chapters 6.5. 6. 7, 6.95 in Division 20, of the California Health and Safety Code (fl&S); Titles 19.22 and 23 of the California Code of Regulations (CCK); and the San Diego County Code (SDCC). The following statements describe conditions which are violations of the law or that require further investigation. These observations require a formal response and/or immediate corrective action be taken. Failure to correct these violations or to provide information requested in a timely manner may be a factor in determining the course of further legal action. in -h IDEN JOB TITLE:. REPRESENTATIVE'S SIGNATURE) " OR PATE OF BIRTH),£NS£#,< Hazardous Materials Specialist Date Miiv.rj-~;:•',*•*£&'&»<8$S&?f'*W- ^•/->^-:^J:-^%tt--::- 1^^>c« •. Department of Environmental Health, Hazardous Materials Division, P.O. Box 129261, Sun Diego, CA 92II2-9261; (619) 338-2222 DEH:HM-912(Rev. 2/99) NCR DISTRIBUTION: WHITE - HMD FILE YELLOW - ESTABLISHMENT COPY Exhibit E Work Order # (A SR(I ENVIRONMENTAL SERVICES INC. (NRCES) EMERGENCY RESPONSE WORK ORDER Date of Services: Customer: Customer's AuthorizedJRepresentative:. Address: it 6^ City: Phone: pi Pffn fa/\peasi VfA State Fax: Zip <- Email: THIS WORK ORDER IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED AS APPENDIX "A" AND NRCES' CURRENT PRICE LIST. EXECUTION BY CUSTOMER BELOW SIGNIFIES CUSTOMER'S RECEIPT OF AND AGREEMENT TO APPENDIX "A" AND THE PRICE LIST. Description of Services:fa/Tl (NRCES will perform the Services as directed by Customer and the regulatory agencies involved.) Location of Services: \ C\ C:> Compensation: NRCES shall be paid for the Services in accordance with the rates and terms contained in the current Price List hereby incorporated by reference into this Work Order. Cost and scheduling information provided by NRCES are estimates only and shall not be binding upon NRCES. Customer's agreement to accelerated invoicing and partial payments within 72 hours is a material term of this Agreement and a condition precedent to performance by NRCES. NRCES can suspend and/or terminate operations immediately upon delays in payment insurance: Customer shall provide NRCES with a certificate of insurance naming NRCES as an additional insured on the policy covering the cleanup services. If a certificate is not provided, or the insurance limits or insurance companies are unsatisfactory to NRCES, NRCES may demand advanced payments from the Customer as a condition precedent to continued performance. Customer is liable for fall and timely payment to NRCES for all Services regardless of the involvement of any insurance company. All directions, decisions, approvals and communications of Customer's insurance company .to NRCES are performed as agent for Customer. Limited Power of Attorney: If initialed , Customer hereby appoints NRCES as its attorney-in-fact to execute on behalf of Customer in Customer's name as Customer's act and deed all profile, waste manifests and other documents required for the transportation and disposal of waste recovered by NRCES during the performance of the Services. This appointment may be relied upon until withdrawn in writing. Guarantee: As a material inducement to NRCES to perform the Services, (Guarantor) agrees that if Customer fails to make full payment of invoiced amounts within sixty (60) days of the due date, Guarantor shall pay all outstanding amounts to NRCES within thirty (30) days of receipt of an invoice from NRCES. Guarantor signature:Title:Date: NRC Environmental Services Inc. 'Name: Date: Authorized Agent of Customer Name: \ / j^ Title: /Mrr- V$*. Rev 2-04 Appendix A to Emergency Response Work Order to NRC ENVIRONMENTAL SERVICES INC. (NRCES) EMERGENCY RESPONSE WORK ORDER Work Order # _ Date of Services: Customer: City O Customer's Authorized Representative: f £# ff/Address: _J2^O (rti &£# f// 6 City: C&d&ffid State _6£_ 2. <9 Phone: /IbfrffiMgSfeFax: IW-ffrfW Email. ^M (*?*(& Cf> C&rl$bA0. C#- THIS WORK ORDER IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED AS APPENDIX "A" AND NRCES' CURRENT PRICE LIST, EXECUTION BY CUSTOMER BELOW SIGNIFIES CUSTOMER'S RECEIPT OF AND AGREEMENT TO APPENDIX "A" AND THE PRICE LIST. Description of Services: $P'lf C 1*4* t (NRCES will perform the Services as directed by Customer and the regulatory agencies involved.) Location of Services: £&/£&*"** ~/f»* Ptik/M Compensation:NRCES shall be paid for the Services in accordance with the rates and terms contained in the current Price List hereby incorporated by reference into this Work Order. Cost and scheduling information provided by NRCES are estimates only and shall not be binding upon NRCES. Customer's agreement to accelerated invoicing and partial payments within 72 hours is a material term of this Agreement and a condition precedent to performance by NRCES. NRCES can suspend and/or terminate operations immediately upon delays in payment. Insurance: Customer shall provide NRCES with a certificate of insurance naming NRCES as an additional insured on the policy covering the cleanup services. If a certificate is not provided, or the insurance limits or insurance companies are unsatisfactory to NRCES, NRCES may demand advanced payments from the Customer as a condition precedent to continued performance. Customer is liable for full and timely payment to NRCES for all Services regardless of the involvement of any insurance company. All directions, decisions, approvals and communications of Customer's insurance company to NRCES are performed as agent for Customer. Limited Power of Attorney: If initialed _ , Customer hereby appoints NRCES as its attorney-in-fact to execute on behalf of Customer in Customer's name as Customer's act and deed all profile, waste manifests and other documents required for the transportation and disposal of waste recovered by NRCES during the performance of the Services. This appointment may be relied upon until withdrawn in writing. Guarantee: As a material inducement to NRCES to perform the Services, (Guarantor) agrees that if Customer fails to make full payment of invoiced amounts within sixty (60) days of the due date, Guarantor shall pay all outstanding amounts to NRCES within thirty (30) days of receipt of an invoice from NRCES. Guarantor signature: _ Title :_ _ Date: _ NRC Environmental Services Inc. Authorized Agent of Customer l/a/b "Px^/Mfa*?<0£''**\Name: _r\£l*1 I^^'V^ __J Name: Signature:C7 Title: Date: (07/06/2007) Jane Mobaldi - 2025_001.pdf Page 3 Appendix A to Emergency Response Work Order Terms and Conditions 1. Terms and Conditions: The Work Order, Ihc Price List and (his Appendix A (collectively "the Agreement") constitute the entire agreement between NRC Environmental Services Inc. (NKCES) and Customer named on the front of the Work Order. Provisions contained in any purchase order, or other document provided by Customer that vary or conflict with the terms contained herein arc hereby rejected unless expressly agreed to by NRCES. Modification to this Agreement may be made only in writing, signed by both parlies. The parties agree thai any facsimile copy of this Work Order, attachments and signatures and initials are valid and binding on the parties. This Agreement may be signed in multiple counterparts. No failure of NRCES to lake any action or assert any right shall be deemed a waiver of thai right. 2. Payment: This Agreement is subject to accelerated payments. Unless otherwise agreed by NRCES in writing, 75% of invoiced amounts shall be paid within 72 HOURS of Customer's or its agent's receipt of each invoice submitted by NRCES. The remaining 25% of invoiced amounts shall be paid within 30 days after receipt of each invoice submitted by NRCES. Lale paymenls shall earn interest at the rale of 1.5 % per month, or the maximum rate permitted by law, whichever is less, from the due date until paid. In addition to interest, Customer shall pay all costs incurred by NRCES to collect overdue amounts, including collection fees, filing fees, court costs and attorney's fees. NRCES reserves all legal rights and recourses against (he Customer and its property for failure of Customer to pay invoices when due. 3. Schedule: NRCES shall use reasonable effort to complete the Services in accordance to Ihc agreed schedule. However, no warranties or representations are made as to the completion date of any Services undertaken, nor will Customer have any right to damages arising from delays of NRCES in the completion of the Services. 4. Changes. Suspension: Any changes requested by Customer in the Services at any time shall be compensated by Customer in accordance with NRCES' Price List then in effect. Unknown or unanticipated conditions (conditions differing from information provided by Customer or differing from those revealed by a visual site inspection), changes in laws or required standards or directions by federal or slate agencies shall be considered a change requested by Customer. In the event NRCES' performance is suspended by Customer, government personnel, weather or other reason beyond NRCBS' control, NRCES shall be paid at the rates contained in She Price List for personnel and equipment that is required to standby, for demobilization and mobilizalion costs, and other costs incurred as a result of such suspension. 5. Warranty: NRCES shall perform the Services with that skill and workmanship exercised by similar firms performing similar services. NRCES will reperform defective workmanship if written notice of the defect is received by NRCES prior to acceptance and demobilization of emergency response Services. NRCES makes no warranty that NRCES will recover any specific quantity of hazardous or other substance or that any specific level of cleanliness will be achieved or human activity can be resumed, NRCKS' rcpcrformance of deficient Services shall constitute NRCES' sole liability and is made in lieu of all warranties, expressed, implied or statutory, including the warranties of merchantability, fitness for a particular purpose, custom and usage or otherwise, which arc hereby disclaimed bv NRCES and waived by Customer. NRCES' liability lo Customer for any reason in connection with the performance of the Services shall terminate upon acceptance of the Services bv Customer. 6. Handling of Waste: By virtue of performing (he Services, NRCES will not accept or acquire (i) title to any wasle handled by NRCES; or (ii) the status of Ihc generator, owner, operator or arranger of treatment, storage or disposal, as defined by federal and state laws governing the handling, treatment, storage or disposal of solid or hazardous waste. Customer warrants that it has title to and is generator of any hazardous waste or substance handled by NRCES in the performance of the Services. If Customer requests assistance with the treatment, storage or disposal of any waste or substance regulated by law, NRCES will transport such waste or cause it to be transported under a waste manifest executed by Customer or its agent to a disposal or treatment facility selected by Customer. Customer shall pay all fees and (axes arising from or related to handling, transportation and disposal of Customer's waste. Any transportation undertaken or arranged by NRCES to any disposal facility, and any excculion of contracts, waste profiles, or payment by NRCES for any transportation or disposal services shall be solely as Customer's agent. Customer shall remain responsible for any claims by the disposal facility with respect to the wasle and shall look solely to the disposal facility in the event of a release or other liability arising from (he disposal service. 7. Insurance: During the performance of Ihc Services, NRCES shall maintain worker's compensation and employer's liability insurance, commercial general liability insurance in the amount of $1,000,000 per occurrence/$2,000,000 aggregate; automobile liability insurance in the amount of $1,000,000 combined single limit and Contractor's Pollution Liability insurance in the amount of $1,000,000 per occurrence. Upon request, Customer can be named an additional insured on the general liability policy but only to the extent the occurrence is caused by the negligent operations of NRCES. NRCES' insurance shall not extend to cover the fault or negligence of Customer or any third parly. 8. Indemnification bv Customer: Customer shall indemnify, defend and hold NRCES harmless from and against any and all loss, liability, claims, damages, fines, penalties costs or expenses (including defense costs and attorney's fees) incurred by Customer, NRCES or third parties arising from or in connection with any bodily injury or death, property damage, environmental release, impairment, pollution or condition or arty other cause occurring prior to NRCES' commencement of Ihc Services, and during or after ihe performance of ihe Services except lo the limited extent directly attributable to NRCES' negligent performance of the Services. 9. Limit of Liability: Notwithstanding any other provision contained in this Agreement, neither party shall be liable lo the other parly for any indirect, special or consequential damages of any kind, including without limitalion, lost profits or loss of use, regardless of the cause, including negligence. NRCES' AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING FROM THE PERFORMANCE OF THE SERVICES SHALL NOT EXCEED 200% OF THE COMPENSATION RECEIVED BY NRCES, HOWEVER CAUSED, INCLUDING NEGLIGENCE, AND CUSTOMER SHALL RELEASE AND INDEMNIFY NRCES AGAINST LIABILITY IN EXCESS OF THIS AMOUNT TO TOE FULLEST EXTENT ALLOWABLE BY LAW. 10. Suspension or Termination by NRCES: NRCES may suspend or terminate this Agreement at any time in Ihe event of I) failure of Customer to timely pay amounts due, or 2) breach by Customer of any provision of this Agreement. Customer shall be responsible for all charges incurred as a result of such termination or suspension, in addition lo charges for Services performed hercunder. 11. Law and Jurisdiction: This Agreement and Ihe righls and obligations of the parties shall be governed by ihe law of Ihe Stale of Washington. Any suit, action or proceeding brought by any parly shall be commenced exclusively in Ihe state or federal court of competent jurisdiction situated in Seallle, Washington, and each party hereby submits lo the exclusive jurisdiction of such court. Rev. 2/04