RESOLUTION NO. 23-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING AN EMERGENCY CONSTRUCTION AGREEMENT WITH GCI CONSTRUCTION, INC. FOR THE SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIR, PROJECT NO. 26001, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $95,500 WHEREAS, on May 22, 2023, City staff was informed by the San Clemente Villas by the Sea about a sinkhole at the southwest corner of the property over an underground 30-inch storm drain; and WHEREAS, based on a Closed Circuit TV (CCTV) inspection at this location, it was found that the 30-inch corrugated metal storm drain metal pipe was corroded and had several holes; and WHEREAS, this necessitated an emergency repair to remove and replace this section of pipe in advance of the coming rainy season and to prevent potential slope failure; and WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (i.e. Replacement or Reconstruction - 14 CCR §15302), Section 15302 of the State CEQA Guidelines; and WHEREAS, on June 16, 2023, staff contacted GCI Construction, Inc. (GCI), one of the local contractors who is also on the City’s on-call list, to start the repair work immediately under the San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001 (Project); and WHEREAS, on June 16, 2023, GCI mobilized to the site and began work under a design provided by BKF Engineers with the assistance of Ninyo & Moore Geotechnical Consultants, from the On-call geotechnical list, for soils inspection and testing; and WHEREAS, work was substantively completed on July 3, 2023.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein.
SECTION 2. That an emergency existed due to the potential failure of the slope where the damaged storm drain was located and that the situation required 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.
SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.
SECTION 4. That the construction contract for the San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001, with GCI Construction, Inc. in an amount not to exceed $95,500, as presented to City Council on September 5, 2023, is hereby ratified and approved and the City Manager is authorized and directed to execute it.
SECTION 5. That 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 ____________________, 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. 23-92 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
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Resolution No. 23-81 Page 3
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