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WITHDRAWN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
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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.
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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.
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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.