HomeMy WebLinkAbout2008-11-18; City Council; 19637; Tamarack Ave Sinkhole RepairCITY OF CARLSBAD
CITY COUNCIL AND MUNICIPAL WATER DISTRICT- AGENDA BILL
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AB# 19,637
MTG. 11/18/08
DEPT. ENG
FINAL ACCOUNTING AND NOTICE OF COMPLETION OF
CONTRACT FOR THE TAMARACK AVENUE SINKHOLE
REPAIR, PROJECT NO. 1005
DEPT. HEAD ^O^3"
CITY ATTY. <3&~
CITYMGR. [JL^~-
RECOMMENDED ACTION:
Adopt Resolution No. 2008-306 accepting the final accounting and the contract for the Tamarack
Avenue Sinkhole Repair, Project No. 1005 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.1343 accepting the final accounting and contract for the Tamarack
Avenue Sinkhole Repair, Project No. 1005 as complete and directing the Secretary to record a Notice
of Completion.
ITEM EXPLANATION:
On January 25, 2008, the City Manager declared a state of local emergency to repair the sinkhole on
Tamarack Avenue in Carlsbad. On February 5, 2008, the City Council ratified the declaration of local
emergency pursuant to California Public Contract Code Section 22050. On February 19, 2008, the
City Council appropriated $750,000 from Council contingency for the repairs.
On February 28, 2008, the City of Carlsbad and Don Hubbard Contracting Co. entered into a contract
with a not-to-exceed amount of $625,000 for the Tamarack Avenue Sinkhole Repair, Project No.
1005. The work consisted of the repair of the sinkhole, as well as storm drain and waterline
improvements.
Don Hubbard Contracting Co. completed the contract work on September 10, 2008. Staff is reporting
a final accounting of the project, and recommends formal acceptance of the improvements by the City
Council of the City of Carlsbad and the Board of Directors of the Carlsbad Municipal Water District
(CMWD).
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.
DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 pvauq@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL/BOARD APPROVED
ACTION:
DENIED
CONTINUED
WITHDRAWN
AMENDED
CONTINUED TO DATE SPECIFIC
D CONTINUED TO DATE UNKNOWN D
D RETURNED TO STAFF D
D OTHER-SEE MINUTES D
D
Page 2
FISCAL IMPACT:
The following represents the final accounting of the repair of the sinkhole and water pipeline on
Tamarack Avenue.
TAMARACK AVENUE SINKHOLE REPAIR,
PROJECT NO. 1005
(DON HUBBARD CONTRACTING CO.)
Construction
Design, Inspection, etc.
TOTAL
$505,041
$ 4,376
$509,417
The City Council previously authorized use of Council's contingency for funding this project. However,
the final accounting determined that $22,485 was the cost to replace a damaged section of water line
and $5,000 was the cost for repairing a sewer line. These costs are the responsibility of CMWD and
the Wastewater Enterprise funds. The CMWD will reimburse the General Fund $22,485 and the
Sewer Enterprise Fund will reimburse the General Fund $5,000.
EXHIBITS:
1. Resolution No. 2008-306 accepting the final accounting and the contract for the
Tamarack Avenue Sinkhole Repair, Project No. 1005 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. 1343 accepting the final accounting and contract for the Tamarack
Avenue Sinkhole Repair, Project No. 1005 as complete and directing the Secretary to record a
Notice of Completion.
3. Notice of Completion for the Tamarack Avenue Sinkhole Repair, Project No. 1005 (City).
4. Notice of Completion for the Tamarack Avenue Sinkhole Repair, Project No. 1005 (CMWD).
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RESOLUTION NO. 2008-306
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, ACCEPTING THE FINAL
ACCOUNTING AND THE CONTRACT FOR THE TAMARACK
AVENUE SINKHOLE REPAIR, PROJECT NO. 1005, AS
COMPLETE AND DIRECTING THE CITY CLERK TO RECORD A
NOTICE OF COMPLETION AND RELEASE BONDS IN
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ACCORDANCE WITH STATE LAW AND CITY ORDINANCES.
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WHEREAS, on January 7, 2008, a sinkhole and separated waterline were discovered on
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Tamarack Avenue; and
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WHEREAS, the sinkhole was creating restricted public and emergency services access
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to 2402 Tamarack Avenue; and
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WHEREAS, as a result of isolating the waterline the facility had no active fire hydrants
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for fire protection; and
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WHEREAS, emergency repairs were needed to mitigate further damage to the existing
13 sewer system thereby eliminating the potential for a sewer spill creating public health and safety
14 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"; and
WHEREAS, staff determined that the damage to City water and sewer lines as well as
the threat to Tamarack Avenue met the criteria for an emergency as defined in Public Contract
Code Section 1102; and
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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
OK of the emergency; and
WHEREAS, on January 25, 2008, the City Manager declared a state of Local
Emergency; and
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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 Emergency; and
WHEREAS, on March 4, 2008, City Council confirmed a continuing state of
Local Emergency; and
WHEREAS, on March 18, 2008, City Council confirmed a continuing state of
Local Emergency; and
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
the sinkhole on Tamarack Avenue; and
WHEREAS, the Tamarack Avenue Sinkhole Repair, specifically identified as Project
No. 1005 was completed to the City's satisfaction by Don Hubbard Construction Co. on
September 10, 2008; and
WHEREAS, the formal project Notice of Completion has been prepared.
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 City Council accepts the final accounting for the Tamarack Avenue
Sinkhole Repair, Project No. 1005.
3. The City Clerk of the City of Carlsbad 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 City Council and Carlsbad Municipal Water District Board of Directors, held
on the 18th day of November, 2008, by the following vote:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ATTEST:
LpRRAIt
(SEAL)
Li, City Clerk
RESOLUTION 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
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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
22 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
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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
Emergency; and
WHEREAS, on March 4, 2008, City Council confirmed a continuing state of Local
Emergency; and
WHEREAS, on March 18, 2008, City Council confirmed a continuing state of Local
Emergency; and
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
the sinkhole repair on Tamarack Avenue; and
WHEREAS, the Tamarack Avenue Sinkhole Repair, specifically identified as Project
No. 1005 was completed to the Board's satisfaction by Don Hubbard Construction Co. on
September 10, 2008; and
WHEREAS, the formal project Notice of Completion has been prepared.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
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:
'(SEAL).
D, Secretary
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 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
September 10, 2008.
6. The name of the contractor for such work of improvement is Don Hubbard Contracting
Co.
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 Tamarack Avenue
Sinkhole Repair, Project No. 1005.
CITY.0F,
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 or\7//r*fmbj>jJ itf . 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 7l/\fmbojul<1 . 2008, at Carlsbad, California.
AB 19,637
RESO 2008-
306
fy™-1
y(, (Qju>.\it\r\r\ <M. WOOD
r (JL.
7]
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
September 10, 2008.
6. The name of the contractor for such work of improvement is Don Hubbard Contracting Co.
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 Tamarack Avenue
Sinkhole Repair, Project No. 1005.
CA AL WATER 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 S/A/xi/ftAat. / $ .
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 or\f Jm^mLMJl^ . 2008, at Carlsbad, California.
CARL$AB 19,637
RESO 1343
IPAL WATER DISTRICT
DDRRAIH9 M.
Secretary
0