HomeMy WebLinkAbout2020-01-21; Municipal Water District; ; Update of the Declaration of a Local Emergency for Repair of a Potable Water Main located in the North County Transit District Railroad Right of WayCA Review (},!( ~
@ MUNICIPAL WATER DISTRICT
Staff Report
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Subject
Jan.21,2020
President and Board Members
Scott Chadwick, Executive Manager
Vicki Quiram, General Manager
vicki.quiram@carlsbadca.gov, 760-438-2722
Update of the Declaration of a Local Emergency for Repair of a Potable
Water Main located in the North County Transit District Railroad Right of
Way
Recommended Action
Adopt a Resolution continuing the Declaration for Local Emergency which was issued on Dec.
11, 2019 and confirmed on Dec. 17, 2019.
Executive Summary
On Sunday, Nov. 24, 2019, at approximately 10:30 a.m., Carlsbad Municipal Water District
(CMWD} staff responded to a report of a potable water pipeline break. Exhibit 3 shows the
approximate location of the break and the location of the 10-inch cement mortar lined steel
water main. The main is below ground in the North County Transit District (NCTD} railroad right
of way that runs parallel to Avenida Encinas south of Palomar Airport Road. The main serves
the Hilton Garden Inn and the adjacent Solamar Mobile Estates neighborhood on Carlsbad
Boulevard. NCTD was contacted immediately and responded on-site to grant staff access to the
site. On Dec. 3, 2019, staff met with a contractor, Cass Arrieta General Engineering Contractors
(Contractor}, to determine a scope of work and cost estimate for repairing the break.
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. CMC Section
3.28.llO(A} implements Public Contract Code Section 22035 and provides for an exemption
from these procedures for emergency construction procurements. 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 of
Directors (CMWD Board}, or by the executive manager subject to confirmation by a four-fifths
vote of the CMWD Board at the next regular CMWD Bo·ard meeting.
On Dec. 11, 2019, the executive manager issued. a Declaration of Local Emergency to allow
CMWD staff to move forward with contracting for repairing the pipeline. The declaration was
based on the following:
• The potable water for the residents of the Solamar Mobile Estates neighborhood and
the fire protection water for the Hilton Garden Inn were being served through a
Jan. 21, 2020 Item #1 Page 1 of 6
temporary above-ground fire hose that was 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 was located approximately 15 feet away from the railroad tracks and had
the potential to undermine the tracks.
On Dec. 17, 2019, the CMWD Board confirmed the Declaration of Local Emergency with a
unanimou~ vote of 4-0. Public Contracting Code Section 22050(c)(1) requires the CMWD Board
to review the emergency action at its next regularly scheduled meeting and at every regularly
scheduled meeting until the action is terminated. On Jan. 14, 2020, the CMWD Board continued
the Declaration of Local Emergency with a unanimous vote of 4-0.
The Contractor was chosen for the pipeline repair and valve replacement on a time and
materials basis, not to exceed $180,000. The Contractor was chosen based on the Contractor's
qualifications and specialty equipment, high recommendations from other water agencies on
similar projects and their availability. The contractor immediately began the process of
obtaining an NCTD permit to work in the railroad right of way and NCTD issued the permit on
Jan. 6, 2020. The contractor has commenced construction. Staff recommends that the CMWD
Board continue the Dec. 11, 2019, Declaration of Local Emergency, as construction is not
expected to be completed until the end of January.
Discussion
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 Solamar neighborhood by
installing a temporary "high line" (an above-ground potable water hose). However, constructing
a permanent repair was 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 permitting 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 to determine a scope of work and cost estimate.
On Dec. 6, 2019, the Contractor provided a scope of work, time frame and cost estimate. The
total repair project cost was estimated at $180,000; $158,000 for the pipeline repair and an
additional $22,000 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 NCTD permit has been received and the Contractor has commenced work with NCTD. Staff
recommends that the CMWD Board continue the Dec. 11, 2019, Declaration of Local
Emergency, as construction is not expected to be completed until the end of January.
Jan. 21, 2020 Item #1 Page 2 of 6
Fiscal Analysis
Funding for the repair project was taken from the FY 2019-20 Potable Water Operations .
budget. On Jan. 14, 2020, to ensure adequate operations funding for the remainder of the FY
2019-20 budget year, CMWD Board approved replenishment of the Potable Water Operations
budget with an $180,000 budget increase from the Potable Water Replacement reserves.
Next Steps
Staff will return to the CMWD Board on Jan. 28, 2020, to provide an update. The project is
expected to be substantially completed at that time.
Environmental Evaluation (CEQA)
The Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15301-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 sch~duled meeting date.
Exhibits
1. CMWD Resolution
2. Executive Manager Declaration dated Dec. 11, 2019
3. Location Map
Jan. 21, 2020 Item #1 Page 3 of 6
CMWD RESOLUTION NO. 1631
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD BOARD) OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION FOR LOCAL EMERGENCY
WHICH WAS ISSUED ON DEC. 11, 2019, AND CONFIRMED ON DEC. 17, 2019
WHEREAS, on Dec. 11, 2019, the executive manager declared a local emergency under Public
Contract Code Section 22035 and 22050 and Carlsbad Municipal Code Sections 3.28.ll0(A) and
3.28.120 to facilitate the immediate repair of a potable water main located in the North County Transit
District (NCTD) railroad right of way; and
WHEREAS, on Dec. 17, 2019, the CMWD Board confirmed the Declaration of Local Emergency
with a unanimous vote of 4-0; and
WHEREAS, on Jan. 14, 2020, the CMWD Board confirmed the Declaration of Local Emergency
with a unanimous vote of 4-0; and
WHEREAS, the pipeline repair is not yet complete and staff recommends continuing the
Declaration for Local Emergency until it is no longer needed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water
District 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 continued.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 21st day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HAL~DENT ~~ &-!or G0"7t,2 I DepifiJ
-(v, BARBARA ENGLESON, SECRETARY Cr!f
Cleo-<
(SEAL)
Jan. 21, 2020 Item #1 Page 4 of 6
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:
Exhibit 2
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 of life, 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 meeting, a local emergency
now exists in the area of the water main break in the i 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 giv' g n ice for bids to let contracts.
Scott clwick, Executive Manager
Carlsbad Municipal Water District
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