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Home My WebLink About2019-12-17; Municipal Water District; ; Confirmation of a Declaration of a Local Emergency for Repair of a Potable Water Main located in the North County Transit District railroad right of wayDiscussion After the water pipeline break, CMWD staff quickly continued to provide potable and fire service water delivery to the Hilton Garden Inn and residents of the Sola mar neighborhood by installing a temporary "high line" (an above-ground potable water hose). However, constructing a permanent repair is complicated by the depth of the pipeline crossing below the railroad tracks, an extremely difficult location to access without a specialty contractor and equipment, and the permit requirements of NCTD. Staff determined that the permanent repair would require contracting with an experienced construction contractor. On Dec. 3, 2019, staff met with a highly recommended contractor, Cass Arrieta General Engineering Contractors (Contractor), to determine a scope of work and cost estimate. Staff continues to work closely with the Public Works Contract Administration Division, NCTD and the Contractor. On Dec. 6, 2019, the Contractor provided a scope of work, time frame and cost estimate. The repair project cost is estimated at $158,000 for the pipeline repair. An additional $22,000 is estimated for replacement of an inoperable valve that would have allowed CMWD to continue to serve the Hilton Garden Inn and approximately 75 to 80 homes in the Solamar Mobile Estates neighborhood by accessing CMWD's existing redundant in- ground looped pipeline system. The construction project is expected to take three to four weeks after the NCTD permit is received and the Notice to Proceed is issued. Staff is proposing to contract with Cass Arrieta General Engineering Contractors for the pipe repair and valve replacement on a time and materials basis, not to exceed $180,000. The Contractor was chosen based on their qualifications and specialty equipment, high recommendations from other water agencies on similar projects and their availability. The declaration of a public emergency and need for an emergency exemption are appropriate in this instance based on the following: • The potable water for the residents of the Sola mar Mobile Estates neighborhood and the fire protection water for the Hilton Garden Inn are currently being served through a temporary above-ground fire hose that is vulnerable to accidents and vandalism. If the temporary lines were compromised, the residents would not have water service and the hotel would not have fire protection. • Without the repair, if there were a break in the water main in Carlsbad Boulevard, there would not be a way to serve water to these properties, even with the temporary lines in place. • The line break is located approximately 15 feet away from the railroad tracks and has the potential to undermine the tracks. NCTD is working with CMWD staff to expedite permitting and the required safety training for the Contractor to work in the railroad right of way so that this project can be expedited and completed as soon as possible. Fiscal Analysis Funding for the repair project will be taken from the Fiscal Year (FY) 2019-20 Potable Water Operations budget. Staff will return to the CMWD Board in early 2020 to request approval for reimbursement of these funds from reserves to ensure sufficient funding for FY 2019-20 operations. Dec. 17, 2019 Item #14 Page 2 of 18 Next Steps The Public Works Contract Administration Division will prepare the emergency contract by Dec. 13, 2019. After the Notice to Proceed is issued to the Contractor, the Contractor will immediately begin working with NCTD to obtain required railroad safety training and permits by Dec. 16, 2019. Although the project start date is largely dependent on NCTD's ability to expedite the permit and schedule the required contractor railroad safety training, the construction project is expected to be completed by mid-January 2020. Staff will return to the CMWD Board on Jan . 14, 2020 to review the emergency action and determine by a four-fifths vote whether there is a need to continue it. Staff will return to the CMWD Board in the near future to request a budget adjustment to reimburse the FY 2019-20 Potable Water Operations budget. Environmental Evaluation (CEQA) The Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) -concerning the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of use. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. CMWD Resolution 2. Executive Manager Declaration dated Dec. 11, 2019 3. CMWD Board Memorandum dated Nov. 26, 2019 4. CMWD Board Memorandum dated Dec. 5, 2019 5. Location Map Dec. 17, 2019 Item #14 Page 3 of 18 RESOLUTION NO. 1629 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD BOARD), CONFIRMING THE EXECUTIVE MANAGER'S DECLARATION OF A LOCAL EMERGENCY FOR REPAIR OF A POTABLE WATER MAIN LOCATED ON AVENIDA ENCINAS AND CROSSING UNDER THE NORTH COUNTY TRANSIT DISTRICT RAILROAD TRACKS. WHEREAS, the CMWD Board empowers the executive manager to proclaim the existence of a local emergency when CMWD is affected by a public calamity and the CMWD Board is not in session; and WHEREAS, on Dec. 11, 2019, the executive manager declared a local emergency for repair of a potable water main located in the North County Transit District (NCTD) railroad right of way; and WHEREAS, Carlsbad Municipal Code (CMC) Sections 3.28.080(B) and 3.28.080(H) implement Public Contract Code Section 22032 and allow for construction projects less than $200,000 to be awarded by the executive manager using informal bidding procedures.; and WHEREAS, CMC Section 3.28.ll0(A) implements Public Contract Code Section 22035 and provides for an exemption from these procedures for emergency construction procurements, and to use the emergency exemption, CMC Section 3.28.120, as well as Public Contract Code Sections 22035 and 22050, requires a declaration of a local public emergency by a four-fifths vote of the CMWD Board, or by the executive manager subject to confirmation by a four-fifths vote of the CMWD Board at the next regular CMWD Board meeting; and WHEREAS, staff requests that the CMWD Board confirm the declaration for a local emergency for repair of a potable water main located in the NCTD railroad right of way. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Declaration for a Local Emergency for repair of a potable water main located in the North County Transit District railroad right of way is confirmed. Dec. 17, 2019 Item #14 Page 4 of 18 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 17th day of December 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, PRESIDENT c,~W &vme2-Dtpvy l"f BARBARA ENGLESON, SECRETARY I Clfj (SEAL) Clt1v Dec. 17, 2019 Item #14 Page 5 of 18 DECLARATION OF LOCAL EMERGENCY WHEREAS, the Board of Directors of the Carlsbad Municipal Water District. (CMWD) empowers the Executive Manager to proclaim the existence of a local emergency when said District is affected by a public calamity and the Board is not in session; and WHEREAS, the Executive Manager of the CMWD, does hereby find: 1. That conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad, California, caused by a break in water main that crosses from A venida Encinas under railroad tracks and serves the Hilton Garden Inn and the adjacent Solamar Mobile Estates neighborhood on Carlsbad Boulevard (water main break); and 2. That the water main break was a sudden and unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment oflife, health, property, or essential public services and is or is likely to be beyond the control of the services, personnel, equipment and facilities of CMWD; and 3. That the water main break does not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency because: a. The potable water for the residents of the Solamar Mobile Estates neighborhood and the fire protection water for the Hilton Garden Inn are currently being served through a temporary above-ground fire hose that is vulnerable to accidents and vandalism. If the temporary lines were compromised, the residents would not have water service and the hotel would not have fire protection. b. Without the repair, if there were a break in the water main in Carlsbad Boulevard, there would not be a way to serve water to these properties, even with the temporary lines in place. c. The line break is located approximately 15 feet away from the railroad tracks and has the potential to undermine the tracks. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that, subject to confirmation by the Board of Directors at its next regu r meeting, a local emergency now exists in the area of the water main break in the it of Carlsbad, California, and CMWD staff may proceed at once to obtain the nee ssar equipment, services, and supplies to repair the water main break without givi g n ice for bids to let contracts. Dated: ((.tec,(', By: awick, Executive Manager Carlsbad Municipal Water District Dec. 17, 2019 Item #14 Page 6 of 18 Carlsbad Municipal Water District Board of Directors Nov. 26, 2019 Page 2 Attachments: A. Location Map B. Picture · cc: Elaine Lukey, Chief Operations Officer Celia Brewer, General Counsel Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Cindie McMahon, Assistant General Counsel Kristina Ray, Communications and Engagement Director Babaq Taj, Interim Transportation Director Amanda GuV, Deputy General Counsel Ken Knatz, District Engineer Eric Sanders, Utilities Manager Dec. 17, 2019 Item #14 Page 8 of 18 Dec. 17, 2019 Item #14 Page 10 of 18 Carlsbad Municipal Water District Board of Directors Dec. 5, 2019 Page 2 On Dec. 3, 2019, staff met with a highly recommended contractor, Cass Arrieta General Engineering Contractors, to determine a scope of work and cost estimate. Next Steps • A scope of work, time frame and cost estimate are expected by Dec. 6, 2019. • Using the scope of work and cost estimates provided by Cass Arrieta General Engineering Contractors, staff will work with the Public Works Contract Administration Division to process an emergency contract for repair of the water line, and obtain a project schedule with an estimated completion date. Attachments: A. Memorandum dated Nov. 26, 2019 B. Pictures cc: Elaine Lu key, Chief Operations Officer Celia Brewer, General Counsel Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Cindie McMahon, Assistant General Counsel Amanda Guy, Deputy General Counsel Kristina Ray, Communications and Engagement Director Ken Knatz, District Engineer Babaq Taj, Interim Transportation Director Eric Sanders, Utilities Manager Dec. 17, 2019 Item #14 Page 12 of 18 Carlsbad Municipal Water District Board of Directors Nov.26,2019 Page 2 Attachments: A. Location Map B. Picture · cc: Elaine Lu key, Chief Operations Officer Celia Brewer, General Counsel Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Cindie McMahon, Assi_stant General Counsel Kristina Ray, Communications and Engagement Director Babaq Taj, Interim Transportation Director Amanda Guy, Deputy General Counsel Ken Knatz, District Engineer Eric Sanders, Utilities Manager Dec. 17, 2019 Item #14 Page 14 of 18