RESOLUTION NO. 23-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING A SECOND EMERGENCY CONSTRUCTION CONTRACT WITH ALLIANCE DIVERSIFIED ENTERPRISES, INC. FOR THE EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA ROMANTICA FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $7,760,800 WHEREAS, a landslide on April 27, 2023 necessitated an emergency response to ensure that more damage was not caused to a condominium building and railroad tracks adjacent to the failed slope; and WHEREAS, the initial temporary repairs completed on June 4, 2023 including regrading and reshaping the site did not stabilize the slope and the slope continued to creep slowly; and WHEREAS, in order to protect public health and safety, more substantial repairs were needed immediately to secure the building and site to protect life and property prior to the upcoming winter rain season; and WHEREAS, the next phase of work includes the installation of tiebacks and grade beams along the slope beneath the Casa Romantica building to secure the unstable slope; and WHEREAS, the tiebacks will be drilled 6 feet on center in rows across the slope and founded approximately 70-110 feet into the slope and secured with grade beams; and WHEREAS, as the tiebacks and grade beams are installed, the slope will be excavated from the top to the bottom. The slope will then be reconstructed in front of the grade beams with the use of geogrid reinforcement placed within the compacted soil backfill; and WHEREAS, the landslide soil mass will be need to be excavated, hauled off site and blended with other soil material and then brought back to the site to be placed and compacted in lifts to rebuild the slope; and WHEREAS, the exact amount of soil that needs to be excavated and then replaced and compacted is unknown due to the possible presence of another landslide mass at the base of slope near the railroad tracks; and WHEREAS, on July 18, 2023, the City Council determined that an emergency exists due to the potential failure of an existing slope 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 analysis and competitive bidding process; and WHEREAS, on July 18, 2023, the City Council also determined that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health; and WHEREAS, under the California Environmental Quality Act (CEQA) Guidelines, an emergency is defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services and includes fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage; and WHEREAS, on July 18, 2023, the City Council determined that this project meets the definition of an emergency and is exempt from CEQA pursuant to Section 15269(c) of the State CEQA Guidelines as specific actions necessary to prevent or mitigate an emergency; and WHEREAS, on July 18, 2023, the City Council authorized and directed staff to take such actions as are necessary and proper to start immediately on the emergency slope stabilization repairs at Casa Romantica, including entering into a contract and bringing a future agenda item to City Council to ratify such; and WHEREAS, on ________, 2023, the City Manager entered into an Emergency Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for an amount not to exceed $7,760,800, which amount includes a 10% contingency, for the emergency slope stabilization repairs at Casa Romantica to include construction of tiebacks and grade beams as well as reconstructing the slope with geogrid reinforcement and compacted soil backfill.
NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, resolves and determines as follows:
SECTION 1. That the foregoing recitals are true and accurate and are incorporated herein.
SECTION 2. That the second Emergency Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for an amount not to exceed $7,760,800 which includes a 10% contingency for the emergency slope stabilization repairs at Casa Romantica to include construction of tiebacks and grade beams as well as reconstructing the slope with geogrid reinforcement and compacted soil backfill entered into by the City Manager on ________, 2023 is hereby ratified and approved.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of August, 2023.
ADVANCE \X 317.30_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San 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. 23-84 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of August 2023, 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 _________________, ________.
ADVANCE \X 317.30_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-84 Page PAGE 2
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