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HomeMy WebLinkAbout2008-11-18; City Council; 19637; Tamarack Ave Sinkhole RepairCITY OF CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT- AGENDA BILL 10 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 COUNCIL/BOARD APPROVED ACTION: DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D D RETURNED TO STAFF D D OTHER-SEE MINUTES D D Page 2 FISCAL IMPACT: The following represents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). 1 RESOLUTION NO. 2008-306 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 15 16 17 18 19 26 27 28 4 \ 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 3 4 5 ACCORDANCE WITH STATE LAW AND CITY ORDINANCES. 6 WHEREAS, on January 7, 2008, a sinkhole and separated waterline were discovered on 7 Tamarack Avenue; and 8 WHEREAS, the sinkhole was creating restricted public and emergency services access 9 to 2402 Tamarack Avenue; and 10 WHEREAS, as a result of isolating the waterline the facility had no active fire hydrants 11 for fire protection; and 12 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 22 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 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, 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. 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 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 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE 23 24 25 26 27 28 b '•*- 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 |( 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 19 the threat to Tamarack Avenue met the criteria for an emergency as defined in Public Contract 20 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 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, 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. 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 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