HomeMy WebLinkAbout2008-10-07; City Council; 19599; Final Accounting of Local Declaration of Emergency and Notice of Completion for Repair of Sinkhole Storm Drain and Potable Water Pipelines from 2277 and 2283 Cameo Road to El Camino Real Project Nos 6607 and 5011CITY OF CARLSBAD CITY COUNCIL AND 1 0
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
19.599
MTG. 10/07/08
DEPT.ENG
FINAL ACCOUNTING OF LOCAL DECLARATION OF
EMERGENCY AND NOTICE OF COMPLETION FOR REPAIR
OF THE SINKHOLE, STORM DRAIN, AND POTABLE WATER
PIPELINES FROM 2277 AND 2283 CAMEO ROAD TO
EL CAMINO REAL, PROJECT NOS. 6607 AND 501 1
DEPT.
CITY ATTY.
CITY MGR. \jj
RECOMMENDED ACTION:
Adopt Resolution No. 2008-284 accepting the final accounting and the contract for the Local
Emergency repair of the sinkhole and storm drain pipeline from 2283 Cameo Road to El Camino Real
as complete and directing the City Clerk to record a Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
Adopt Resolution No. 1339 accepting the final accounting and contract for the Local
Emergency repair of the sinkhole and potable water pipeline from 2277 Cameo Road to El Camino
Real as complete and directing the Secretary to record a Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
ITEM EXPLANATION:
On March 7, 2008, the City Manager declared a state of local emergency to repair the sinkhole and
storm drain at 2277 and 2283 Cameo Road in Carlsbad. On March 18, 2008, the City Council ratified
the declaration of local emergency pursuant to California Public Contract Code Section 22050.
Due to the nature of the construction efforts associated with the repairs for the sinkhole and storm
drain from 2283 Cameo Road to El Camino Real, City and Carlsbad Municipal Water District (CMWD)
staff evaluated the adjacent 6-inch asbestos cement potable water pipeline. City and CMWD staff
observed the brittle pipe material had been placed in loosely compacted fill and the pipeline was
damaged.
The water pipeline is a part of the CMWD water system and is required to maintain water service to
properties in the area and fire hydrants. Staff analyzed the impacts to the overall water system and
determined the water pipeline is required. CMWD operates under the City of Carlsbad Purchasing
rules pursuant to the Operation Agreement between CMWD and the City dated June 25, 1991.
Replacement of the water pipeline required a Declaration of Local Emergency by CMWD. On April 22,
2008, CMWD declared a local emergency for the repair of the water pipeline.
Staff returned to Council on substantial completion of the repairs to the sinkhole, storm drain, and
potable water pipeline from 2277 and 2283 Cameo Road to El Camino Real that has abated the
health and safety issues related to Local Emergency. Staff is returning a final time to report a final
accounting of the projects.
DEPARTMENT CONTACT: Sherri Howard 760-602-2756 showa@ci.carlsbad.ca. us
FOR CITY CLERKS USE ONLY.
COUNCIL/BOARD APPROVED H"
ACTION:
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
On May 8, 2008, the City of Carlsbad and Don Hubbard Contracting Company entered into a contract
in the amount of $176,495 for the storm drain and sinkhole repair between Cameo Road and
El Camino Real, Project No. 6607.
On June 10, 2008, the Carlsbad Municipal Water District and Don Hubbard Contracting Company
entered into a contract in the amount of $90,500 for the potable water pipeline repair between
Cameo Road and El Camino Real, Project No. 5011.
Don Hubbard Contracting Company has completed the contract work. Staff has inspected the work
and found it to be satisfactory. Staff recommend formal acceptance of the improvements by the City of
Carlsbad City Council and the Carlsbad Municipal Water District Board.
ENVIRONMENTAL IMPACT:
The approval of the final accounting and Notice of Completions are a ministerial process and are
exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines.
FISCAL IMPACT:
The following represents the final accounting of the repair and replacements of the sinkhole, storm
drain and water pipelines from Cameo Road to El Camino Real.
6607 STORM DRAIN PIPELINE
Design
Construction
Inspection
Right-of-Way Acquisition
TOTAL
$11,231
$124,335
$9,779
$19,300
$164,646
5011 POTABLE WATER PIPELINE
Design
Construction
Inspection
TOTAL
$4,218
$81,988
$6,532
$92,738
EXHIBITS:
1. Resolution No. 2008-284 accepting the final accounting and the contract for the Local
Emergency Repair of the sinkhole and storm drain pipeline from 2283 Cameo Road to El
Camino Real as complete and directing the City Clerk to Record a Notice of Completion and
release bonds in accordance with State Law and City Ordinances.
2. Resolution No. 1339 accepting the final accounting and contract for the Local
Emergency repair of the sinkhole and potable water pipeline from 2277 Cameo Road to El
Camino Real as complete and directing the Secretary to record a Notice of Completion and
release bonds in accordance with State Law and City Ordinances.
3. Notice of Completion for Storm Drain Pipeline and Sinkhole Repair between Cameo Road and
El Camino Real, Project No 6607
4. Notice of Completion for Potable Water Pipeline Repair between Cameo Road and El Camino
Real, Contract No. 5011.
1
RESOLUTION NO. 2008-284
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, ACCEPTING THE FINAL
ACCOUNTING AND THE CONTRACT FOR THE LOCAL
4 EMERGENCY REPAIR OF THE SINKHOLE AND STORM DRAIN
PIPELINE FROM 2283 CAMEO ROAD TO EL CAMINO REAL AS
5 COMPLETE AND DIRECTING THE CITY CLERK TO RECORD A
NOTICE OF COMPLETION AND RELEASE BONDS IN
6 ACCORDANCE WITH STATE LAW AND CITY ORDINANCES.
7
WHEREAS, on March 1, 2008, a sinkhole and separated storm drain pipeline were
8
discovered in a drainage easement located at 2283 Cameo Road; and
9
WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo10
Road;and
11
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
13
property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
14 3817 El Camino Real; and
WHEREAS, emergency repairs were needed to mitigate potential damage to the existing
potable water system and further damage to real property; and
17 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
18 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
19 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
20 WHEREAS, staff determined that the potential damage to water lines, as well as the
2-, threat to real property met the criteria for an emergency as defined in Public Contract Code
Section 1102; and22
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
23
Code gives the City Manager authority to declare a public emergency subject to confirmation by
24
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
25 of the emergency; and
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1 WHEREAS, said Local Emergency continues until the sinkhole and all associated
2 components and conditions have been restored and declared abated by order of the City Manager
o and City Council; and
WHEREAS, on March 7, 2008, the City Manager declared a state of Local Emergency;
ando
. WHEREAS, on March 18, 2008, City Council confirmed a continuing state ofb
7 Local Emergency; and
o WHEREAS, on April 1, 2008, City Council declared a continuing state of
g Local Emergency; and
10 WHEREAS, on April 15, 2008, City Council declared a continuing state of
11 Local Emergency; and
12 WHEREAS, on April 22, 2008, City Council declared a continuing state of
13 Local Emergency; and
14 WHEREAS, on May 6, 2008, City Council declared the Local Emergency had been
15 abated and no need for the state of Local Emergency to continue for repairs of sinkhole and storm
16 drain pipeline from 2283 Cameo Road to El Camino Real; and
17 WHEREAS, a final accounting of the project indicate $164,646 was required to mitigate
18 the sinkhole and storm drain pipeline repair; and
19 WHEREAS, the construction of the Storm Drain and Sinkhole Repair between
20 Cameo Road and El Camino Real has been completed to the City's satisfaction by Don Hubbard
21 Construction Company; and
22 WHEREAS, the formal project Notice of Completion has been prepared.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 California, as follows:
25 1. That the above recitations are true and correct.
26 2. That the City Council accepts the final accounting for the repairs of sinkhole and
27 storm drain pipeline from 2283 Cameo Road to El Camino Real.
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3. That the Storm Drain and Sinkhole Repair between Cameo Road and El Camino
Real, is deemed complete and is hereby accepted by the City Council of the City of Carlsbad,
Project 6607.
4. The City Clerk of the City of Carlsbad is hereby authorized and directed to
execute and record the Notice of Completion for the Storm Drain and Sinkhole Repair between
Cameo Road and El Camino Real, Project No. 6607.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District of on the 7th day of
October, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
UTORRAlNEIM. WOOD, City Clerk
(SEAL)
1
RESOLUTION NO. 1339
2
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
9
Road; and
10
WHEREAS, the sinkhole and missing storm drain segment had the potential to
11 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
._ prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
WHEREAS, staff determined that the potential damage to water lines, as well as the19
threat to real property meets the criteria for an emergency as defined in Public Contract Code
20
Section 1102; and
21 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
28
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
3 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
5
Emergency; and
6
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
Q
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
satisfaction by Don Hubbard Constriction Company; and
WHEREAS, the formal project Notice of Completion has been prepared.
i O
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
16
Water District (CMWD) of the City of Carlsbad, California, as follows:
17
1. That the above recitations are true and correct.
1 fi 2. That the Board of Directors of Carlsbad Municipal Water District accepts the final
19 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.
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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.
UA LEWIS, President
ATTEST:
LORRAINEM. WOOD, Secretary
(SEAL)
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008 I
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on
Mav 29. 2008.
6. The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
7. The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California; and is described as the construction of repair of
sinkhole and stormdrain pipeline between Cameo Road and El Camino Real. Project No.
6607.
GLENN PRUIM
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008. The City Council of said City on &JbcA>aX~ "l^ . 2008, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on fOMtobfoO ^"1 2008, at Carlsbad, California.
CITY OF CARLSBAD
= LORRAINE M. WOOD
'c City Clerk
Recording requested by: )
CITY OF CARLSBAD )
)
When recorded mail to: )
)
City Clerk )
City of Carlsbad )
1200 Carlsbad Village Dr. )
Carlsbad, CA 92008 )
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal
corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on May 29.
2008.
6. The name of the contractor for such work of improvement is Don Hubbard Contracting
Company.
7. The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the construction of repair of a
sinkhole and potable water pipeline between Cameo Road and El Camino Real. Project No.
5011.
ATER DISTRICT
'GLENN PRUIM
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village
Drive, Carlsbad, California, 92008. The Executive Board of said District on October ^
2008, accepted the above described work as completed and ordered that a Notice of
Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on (Ofrfa^jt:.^ 1 2008, at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTRICT
VVoc LORRAINE M. WOOD21": Secretary