RESOLUTION NO. 23-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING NOTICE OF COMPLETION FOR THE AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENT, CIP PROJECT NO. 16004; AND RATIFYING AN EMERGENCY A CONSTRUCTION CONTRACT IN THE AMOUNT OF $59,194 WITH DIAMOND CONSTRUCTION & DESIGN WHEREAS, on February 7, 2023, the City Council awarded a construction contract to Diamond Construction & Design for the Avenida Montalvo Canyon and Trail Improvement, CIP Project 16004, in the amount of $180,000, and approved a 15% project contingency in the amount of $27,000; and WHEREAS, these improvements consisted of the installation of gabion baskets to prevent further erosion of the bluff and the construction of a sidewalk for the improvement of public access; and WHEREAS, during construction there were several unforeseen issues that required resolution involving excessive ground water, ocean high tide surges into the work area, and soil instabilities in the creek bed; and WHEREAS, this additional work totaled $86,194, which exceeded the authorized project contingency of $27,000; and WHEREAS, due to the sensitive nature of the construction at the base of a vertical coastal bluff, construction could not be delayed, requiring declaration of an emergency necessitating immediate action to protect property and public safety and direction given to Diamond Construction & Design to proceed with the emergency work under an emergency construction contract in the amount of $59,194.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and 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 bluff where the installation of the gabion baskets and construction of the sidewalk at Montalvo Canyon was occurring in connection with CIP Project 16004 that required immediate action to prevent or mitigate impairment to property and public safety that might otherwise occur if the City had been required to incur delays attributed to typical competitive bidding process for the additional work.
SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard property and public safety.
SECTION 4. That entry into an emergency construction contract with Diamond Construction & Design for the extra work on CIP Project 16004 is hereby ratified and approved. The City Manager is authorized to execute a contract with Diamond Construction & Design in the amount of $59,194 in a form substantially similar to that presented to City Council on December 5, 2023.
SECTION 5. That the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004, is hereby accepted from Diamond Construction & Design.
SECTION 6. That the Public Works Director/City Engineer is hereby authorized and directed to execute and record the Notice of Completion for the completed Avenida Montalvo Canyon and Trail, CIP Project 16004.
SECTION 7. That the City Clerk is hereby authorized to release the Payment Bond 35 days for CIP Project 16004 from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Diamond Construction & Design.
SECTION 8. 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. 23-143 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. 23-143 Page 3
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