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Home My WebLink About2009-10-20; City Council; 20005; Continuation of local emergency15 CITY OF CARLSBAD - AGENDA BILL 20,005AB# MTG. 10/20/09 DEPT. PW-M&O CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR REPAIR OF SEWER MAIN AT 2402 TAMARACK AVENUE DEPT. HEAD CITY ATTY. ^* CITY MGR. \jj— RECOMMENDED ACTION: Adopt Resolution No. 2009-262 to continue the Declaration of Local Emergency for Replacement of Sewer Main at 2402 Tamarack Avenue. ITEM EXPLANATION: Due to the nature of the construction efforts associated with the repairs at 2402 Tamarack Avenue, it is necessary to continue the emergency declaration to ensure repair work and related contingencies can be completed. Staff will continue to monitor the progress of repairs by the contractor to abate the emergency, and a recommendation to continue or end the declaration will be made in two weeks. The Public Works Engineering Design Division has prepared 90% completed plans and specifications for the Tamarack Sewer Replacement, Project No. 5510, which includes the abandonment of the existing 10" sewer pipe and the installation of approximately 5,400 linear feet of 10" polyvinyl chloride (PVC) pipe and appurtenant manholes. The new sewer pipe will be installed in the City's right-of-way starting at the RV storage yard, traverse along the abandoned Calaveras Treatment Plant, and proceed south in Tamarack Avenue to El Camino Real. The new sewer pipe will no longer be located beneath the concrete trapezoidal channel paralleling Tamarack Avenue and will include sewer manholes adequately spaced to allow for maintenance. After the installation of the new sewer pipe, the temporary 12" High Density Polyurethane (HOPE) high line pipe located in the concrete trapezoidal channel will be removed. At the City Council meeting of October 6, 2009, the Council authorized replacement of the sewer line. City staff requested four (4) bids from reputable Contractors. The Contractors had six (6) calendar days to submit the bid from the time the 90% construction documents were distributed at the pre-bid meeting held on October 2, 2009. The bids are summarized in Table 1 below. TABLE 1 - SUMMARY OF BIDS, PROJECT NO. 5510 No. 1 2 3 4 GQNTfi&CTOR Orion Construction Corporation Vadnais Corporation Don Hubbard Contracting Co. J. Fletcher Creamer & Son, Inc TOTAL BID AMOUNT $1,146,190 $2,389,900 $2,996,662 Declined to Bid DEPARTMENT CONTACT:Mark Stone 760-438-2722 Mark.Stone@carlsbadca.gov Jacob Moeder 760-602-2736 Jacob.Moeder@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED B D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 A portion of the project consists of installing a sewer line at depths between 15' and 25' below the ground surface. When pipes are installed at these depths, sometimes trenchless technologies are utilized by the Contractor, such as micro-tunneling, which is an expensive pipe installation method. For this project, the Contractors were given the option to use a trenchless technology or excavate to install the deep sewer pipe. The difference in costs can be attributed to the method of construction. Orion Construction Corporation has indicated that they plan to use the conventional trench excavation method for the deep pipe installation. The lowest responsive bidder, Orion Construction Corporation, submitted a bid in the amount of $1,146,190. This project did not require payment of prevailing wages for construction. Staff completed a review of the contract documents and determined that they were in order. Therefore, Orion Construction Corporation was awarded the construction contract. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. FISCAL IMPACT: The 2009-2010 Capital Improvement Program budget included funding for replacement of this particular sewer pipeline referred to as reach NAHT1A. The sewer replacement funds which are currently appropriated for this project are anticipated to be sufficient for the interim costs related to diverting the sewer flow to the 12" HOPE high line and for constructing a new sewer pipeline in the City's right of way. Table 2 below shows the current funding status of the Tamarack Sewer Replacement, Reach NAHT1A project. TABLE 2 TAMARACK SEWER REPLACEMENT, REACH NAHT1 A-PROJECT NO. 5510 TASK DESCRIPTION Design Construction Management, Inspection, Materials Testing Construction TOTAL APPROPRIATED TO DATE $187,000 220,000 2,455,000 $2,862,000 EXPENDITURES/ ENCUMBRANCES TO DATE $75,861 235 195,766* $271,862 REMAINING BALANCES $111,139 219,765 2,259,234 $2,590,138 * The $195,766 encumbered amount shown in Table 2 is related to the installation of the temporary 12" HOPE sewer pipe high line. TABLE 3 TAMARACK SEWER REPLACEMENT, REACH NAHT1A - PROJECT NO. 5510 DESCRIPTION Construction (Orion Construction Corporation bid) Construction Inspection, Testing, and Administration Construction Contingencies (30%) TOTAL ESTIMATED CONSTRUCTION COST PROJECT AVAILABLE BALANCE ESTIMATED COSTS 1,146,190 220,000 343,857 $1,710,047 $2,590,138 PageS Since the construction documents were not 100% complete, a construction contingency of 30% is being used. Sufficient funds have been appropriated from the Sewer Replacement Fund to construct the project. EXHIBITS: 1. Declaration of Local Emergency; 2. Resolution No. 2009-262. continuing the Declaration of Local Emergency for replacement of sewer main at 2402 Tamarack Avenue. DECLARATION OF LOCAL EMERGENCY 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 the vandalizing of a sewer main at 2402 Tamarack Avenue;and That these conditions are creating unexpected occurrences that pose 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 do 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: Lisa Hildabrand, City Manager City of Carlsbad, California 1 EXHIBIT 2 RESOLUTION NO. 2009-262 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A LOCAL EMERGENCY 4 WHEREAS, on September 28, 2009 a sewer main spill was discovered; and 5 WHEREAS, the sewer main spill was caused by vandals; and6 7 WHEREAS, the sewer main spill was creating extreme peril to the safety of 8 persons and property at 2402 Tamarack Avenue; and 9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a 10 sudden, unexpected occurrence that poses a clear and imminent danger, requiring 11 immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and 13 WHEREAS, a temporary sewer line was constructed above ground to divert 14 sewer flows; and 15 WHEREAS, due to the temporary nature of the above ground sewer line, it is16 critical that the sewer line be replaced; and 18 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad 19 Municipal Code gives the City Manager authority to declare a local emergency subject 20 to confirmation by the City Council, by four-fifths vote at its next regularly scheduled 21 meeting following the declaration of the emergency; and 09 WHEREAS, said local emergency continues until the sewer main and all 23 associated components and conditions have been replaced and declared abated by 24 order of the City Manager and City Council; and 25 WHEREAS, on October 1, 2009, the City Manager declared a state of Local 26 Emergency; and 28 1 WHEREAS, it is the intent of the City Council to do all things necessary to 2 effectuate this intent. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 4 Carlsbad, California, as follows: 5 1. That the above recitations are true and correct. 6 2. There is a need to continue the state of the local emergency declared _ Tuesday, October 6, 2009 by adoption of Resolution No. 2009-248, which includes theo replacement of the sewer line, maintenance of the hi-line, implementation of the storm 10 water plan, and providing site security 11 3. That every fourteen days the City Manager shall review with City Council the emergency actions taken to date and determine the need to continue the 13 emergency. 14 15 16 17 18 '" 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 27 28 '" \f 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 20r day of October. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLAUDE A LEWIS, ATTEST: LORRAINE (SEAL)