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HomeMy WebLinkAbout2009-11-03; City Council; 20031; Repair sewer main 2402 Tamarack AvCITY OF CARLSBAD - AGENDA BILL AB# 20.031 MTG. 11/3/09 DEPT. ENG CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR REPAIR OF SEWER MAIN AT 2402 TAMARACK AVENUE DEPT. HEADf^f^T CITY ATTY. ^ CITY MGR. (sj^^- RECOMMENDED ACTION: Adopt Resolution No. 2009-279 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. Notice to Proceed for the sewer line construction in Tamarack Avenue was issued to Orion Construction Corporation on October 13, 2009, and it is anticipated that the project will take 90 calendar days to complete. 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 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 above ground ("high line") and for constructing a new sewer pipeline in the City's right- of-way. Table 1 below shows the current funding status of the Tamarack Sewer Replacement, Reach NAHT1A project and Table 2 shows the current funding status for construction. DEPARTMENT CONTACT: Jacob Moeder 760-602-2736 Jacob.Moeder@carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED § D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 TABLE 1 TAMARACK SEWER REPLACEMENT, REACH NAHT1A - 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 $75,853 50,235 199,812* $325,900 REMAINING BALANCES $111,147 169,765 2,255,188 $2,536,100 * The $199,812 encumbered amount shown in Table 1 is related to the installation of the temporary 12" HOPE sewer pipe high line. TABLE 2 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 $2,536,100 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. 2009-279, 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 RESOLUTION NO. 2009-279 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE 3 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; and 6 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and 7 property at 2402 Tamarack Avenue; and 8 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 9 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to 10 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; 11 and 12 WHEREAS, a temporary sewer pipe high line was constructed above ground to divert 13 sewer flows; and 14 WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that 15 the sewer line be replaced; and 16 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal 17 Code gives the City Manager authority to declare a local emergency subject to confirmation by 18 the City Council, by four-fifths vote at its next regularly scheduled meeting following the 19 declaration of the emergency; and 20 WHEREAS, said local emergency continues until the sewer main and all associated 21 components and conditions have been replaced and declared abated by order of the City 22 Manager and City Council; and 23 WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency; 24 and 25 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this 26 • * *intent. 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 1. That the above recitations are true and correct. 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 the replacement of the sewer line, maintenance of the high line, implementation of the storm water plan, and providing site security. 8 3. That every fourteen days the City Manager shall review with City Council the 9 emergency actions taken to date and determine the need to continue the emergency. 10 11 12 13 14 '" 15 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 23 24 '" 25 >" 26 /// 27 /// 28 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 3rd day of November. 2009, by the following vote to wit: AYES: Lewis, Kulchin, Hall, Packard, and Blackburn. NOES: None. ABSENT: None.