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HomeMy WebLinkAbout2020-01-14; Municipal Water District; ; Review of Dec. 11, 2019, Declaration of a Local Emergency for Repair of a Potable Water Main located in the North County Transit District Railroad Right of Way and ApprovJan. 14, 2020 Item #5 Page 1 of 7 Meeting Date: To: From: Staff Contact: Subject Jan. 14,2020 President and Board Members Scott Chadwick, Executive Manager Vicki Quiram, General Manager vicki.q u i ram@carlsbadca.gov, 760-438-2722 CAReviewC~ Review of Dec. 11, 2019, Declaration of a Local Emergency for Repair of a Potable Water Main located in the North County Transit District Railroarl Right of Way and Approval of an $180,000 Increase to the Fiscal Year 2019-20 Potable Water Operations Budget. Recommended Action Adopt a Resolution: (1) continuing the Declaration for Local Emergency which was issued on Dec. 11, 2019, and confirmed on Dec. 17, 2019, and (2) approving a $180,000 increase to the fiscal year (FY) 2019-20 Potable Water Operations budget from the Potable Water Replacement reserves. 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 Carlsba'd 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(8) 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.ll0(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 Board meeting. On Dec. 11, 2019, the executive manager issued a Declaration of Local Emergency to allow CMWD staff to move forward with contracti_ng for repairing the pipeline. The declaration was based on the following: Jan. 14, 2020 Item #5 Page 2 of 7 • The potable water for the residents of the Sola mar Mobile Estates neighborhood and the fire protection water for the Hilton Garden Inn were being served through a 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 unanimous vote of 4-0. Public Contracting Code Section 220S0(c){l) 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. The Contractor was chosen for the pipeline repair and valve replacement on a time and materials basis, not to e_xceed $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 will begin construction as soon as the timing can be scheduled 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 mid to late January. Staff also recommends that the CMWD Board approve a $180,000 increase to the FY 2019-20 Potable Water Operations budget from the Potable Water Replacement reserves. 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 construction project was expected to take three to four weeks after the NCTD permit was received and the Notice to Proceed was issued. Jan. 14, 2020 Item #5 Page 3 of 7 The NCTD permit has been received and the Contractor will immediately begin working with NCTD to schedule the 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 mid to late Ja nuary. Staff also recommends that the CMWD Board approve a $180,000 increase to the FY 2019-20 Potable Water Operations budget from the Potable Water Replacement reserves. Fiscal Analysis Funding for the repair project was ·taken from the FY 2019-20 Potable Water Operations budget. To ensure adequate operations funding for the remainder of the FY 2019-20 budget year, staff recommends that the CMWD Board replenish the Potable Water Operations budget by approving an $180,000 budget increase from the Potable Water Replacement reserves. Sufficient funding is available to meet this request in the Potable Water Replacement reserves. Next Steps Upon CMWD Board approval, the deputy city manager, administrative services branch, will transfE;r $180,000 from the Potable Water Replacement reserves into 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 -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. Location Map Jan. 14, 2020 Item #5 Page 4 of 7 CMWD RESOLUTION NO. 1630 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, AND APPROVING A $180,000 INCREASE TO THE FISCAL YEAR (FY) 2019-20 POTABLE WATER OPERATIONS BUDGET FROM THE POTABLE WATER REPLACEMENT RESERVES 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, the pipeline repair is not yet completed and staff recommends continuing the Declaration for Local Emergency until it is no longer needed; and WHEREAS, staff requests that the CMWD Board approve a FY 2019-20 Potable Water Operations budget increase in the amount of $180,000 from the Potable Water Replacement reserves to offset the cost of the repair work; and WHEREAS, there is sufficient funding in the Potable Water Replacement reserves to meet the request. 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 deputy city manager, administrative services branch, is authorized to transfer $180,000 from the Potable Water Replacement reserves into the FY 2019-20 Potable Water Operations budget. Jan. 14, 2020 Item #5 Page 5 of 7 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 14th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ~al//UI MATT HALL, PRESIDENT -(c~ llckr {j(irne7/ /Jefv:!J BARBARA ENGLESON, SECRETARY ()j (SEAL) C'Jerv- Jan. 14, 2020 Item #5 Page 6 of 7 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 it of Carlsbad, California, and CMWD staff may proceed at once to obtain the nee ssa equipment, services, and supplies to repair the water main break without givi g n ice for bids to let contracts. Dated: ( (1::t.C, (t'j By: -~~-1-~,---------S co tt owick, Executive Manager Carlsbad Municipal Water District Dec. 17,2019 Item #14 Page 6 of 18 Jan. 14, 2020 Item #5 Page 7 of 7 (ii) EXHIBIT3 0 Water Leak / Main Isolation Potable Main Reclaimed N A 1 inch = 300 feet