Attachment 1Attachment 1RESOLUTION NO. 23-70
Attachment 1
Attachment 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A CONTRACT CHANGE ORDER TO CONTINUE EMERGENCY PUMP WATCH SERVICES FOR TWO MONTHS WITH O’CONNELL ENGINEERING AND CONSTRUCTION, INC. AND APPROPRIATING SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT NO. 12209, THROUGH MARCH 2024 IN THE AMOUNT OF $340,960 WHEREAS, there was coastal bluff landslide within Cyprus Shore Community Association in 2021 that impacted City owned storm drain and wastewater collection system infrastructure; and WHEREAS, on September 20, 2021, City Utility staff installed a temporary wastewater collection pump system using manholes requiring generator power and pump watch to ensure the pump turn on and off due to lack of storage within the system to prevent a sewer spill; and WHEREAS, the City Manager approved an emergency Contract with O’Connell Engineering and Construction, Inc. which was ratified by the City Council on October 19, 2021 for temporary wastewater pump station pump watch and the City Council declared the project an emergency to protect public health and safety; and WHEREAS, subsequent change orders through July 29, 2023 have been approved or ratified by the City Council for a total of $1,862,988; and WHEREAS, the current agreement with O’Connell Engineering and Construction, Inc. through the last approved change order expires on July 29, 2023; WHEREAS, Orange County Transportation Authority completed a slope stabilization project, which will allow the City to utilize its existing wastewater pump station with a temporary electrical motor control center in August or September; and WHEREAS, this project has previously been determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), Section 15301 of the state CEQA Guidelines.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. That the above recitals are true and accurate and are incorporated fully herein.
Section 2. That an emergency exists due to the potential failure of an existing sewer pump station and storm drain system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if the City were required to incur delays attributed to the typical engineering design and public competitive bidding process in connection with this project.
Section 3. That the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.
Section 4. That a supplemental appropriation in the amount of $340,960 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve is approved.
Section 5. That the City Manager is authorized and directed to approve Change Order No. 07 with O’Connell Engineering and Construction, Inc. for Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209, services through September 30, 2023 on a time and materials basis not to exceed $183,360 in a form substantially similar as that attached hereto as Exhibit A, which is fully incorporated herein by this reference.
Section 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the original book of resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2023.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-70 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-70 Page 3