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HomeMy WebLinkAbout2008-11-18; Municipal Water District; Resolution 1343RESOLUTION NO. 1343 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 28 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) ACCEPTING THE FINAL ACCOUNTING AND THE CONTRACT FOR THE TAMARACK AVENUE SINKHOLE REPAIR, PROJECT NO. 1005, AND DIRECTING THE SECRETARY TO RECORD A NOTICE OF COMPLETION. WHEREAS, on January 7, 2008, a sinkhole and separated waterline were discovered on Tamarack Avenue; and WHEREAS, the sinkhole was creating restricted public and emergency services access to 2402 Tamarack Avenue; and WHEREAS, as a result of isolating the waterline the facility had no active fire hydrants for fire protections; and WHEREAS, emergency repairs were needed to mitigate further damage to the existing sewer system thereby eliminating the potential for a sewer spill creating public health and safety concerns; and WHEREAS, continued expansion of the sinkhole would eventually create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the street; and WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 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"; and18 WHEREAS, staff determined that the damage to City water and sewer lines as well as 19 the threat to Tamarack Avenue met the criteria for an emergency as defined in Public Contract 20 Code Section 1102; and 21 WHEREAS, the Carlsbad Municipal Water District operates under the City of Carlsbad 2?purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District and the City of Carlsbad dated June 25, 1991; and WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal Code gives the Executive Manager authority to declare a public emergency subject to confirmation by the CMWD Board of Directors, by four-fifths vote at its next regularly scheduled meeting following the declaration of the emergency; and WHEREAS, on January 25, 2008, the City Manager/Executive Manager declared a state of Local Emergency; and WHEREAS, on February 5, 2008, City Council adopted resolution no. 2008-026 declaring a Local Emergency; and WHEREAS, on February 19, 2008, City Council confirmed a continuing state of Local o Emergency; and 6 WHEREAS, on March 4, 2008, City Council confirmed a continuing state of Local Emergency; and Q WHEREAS, on March 18, 2008, City Council confirmed a continuing state of Local 9 Emergency; and 10 11 12 13 20 21 22 23 24 25 26 27 28 WHEREAS, on April 15, 2008, City Council declared the Local Emergency had been abated and no need for the state of Local Emergency to continue for repairs of the sinkhole on Tamarack Avenue; and WHEREAS, a final accounting of the project indicates $509,417 was required to mitigate 14 the sinkhole repair on Tamarack Avenue; and WHEREAS, the Tamarack Avenue Sinkhole Repair, specifically identified as Project15 No. 1005 was completed to the Board's satisfaction by Don Hubbard Construction Co. on 16 September 10, 2008; and 17 WHEREAS, the formal project Notice of Completion has been prepared. 18 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 19 Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Board of Directors of the Carlsbad Municipal Water District accepts the final accounting for the repairs of the sinkhole on Tamarack Avenue. 3. That the contract for the Tamarack Avenue Sinkhole Repair, Project No. 1005, is deemed complete and is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District. 4. The Secretary of the Board is hereby authorized and directed to execute and record the Notice of Completion for the Tamarack Avenue Sinkhole Repair, Project No. 1005. 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 Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council, held on the 18th day of November, 2008, by the following vote: AYES: Board Members Lewis, Hall, Packard and Nygaard. NOES: None. ABSENT: Board Member Kulchin. LEWfS/President ATTEST: XORRAINB M. WOOD, Secretary '(SEAL)..