RESOLUTION NO. 24-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND CONSTRUCTION & DESIGN FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA, PROJECT NO. 26001 IN AN AMOUNT NOT TO EXCEED $77,215; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585 WHEREAS, On February 5, 2024, staff was notified that a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall failed due to excessively large precipitation; and WHEREAS, Repairs were unable to be completed due to the continued rainfall and the large amount of runoff through the channel; and WHEREAS, Now that the rain storm has ended and conditions are drying, the slope needs immediate stabilization to protect the adjacent property and its residents; and WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities - 14 CCR §15301), Section 15301 of the State CEQA Guidelines and filed a Notice of Exemption with the County of Orange Recorder’s Office for this project; and WHEREAS, on February 9, 2024, staff solicited bids from three companies and received two responsive base bids from Diamond Construction & Design and Harbor Coating & Restoration and USA Construction in the amounts of $77,215 and $142,000, respectively, for the stabilization of the channel wall and adjacent slope.
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 need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred, and the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.
SECTION 3. That the emergency construction contract with Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 26001 in an amount not to exceed $77,215 is hereby ratified and approved in a form substantially similar to that presented to City Council on February 20, 2024 and the City Manager, or his designee, is authorized to execute the same.
SECTION 4. That a supplemental appropriation in the amount of $99,585 to Account No. 059-553-43420-000-26001 is hereby approved for the Project.
SECTION 5. That a 19% construction contingency of $14,670 for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 26001 is hereby approved.
SECTION 6. That the City Manager, or his designee, is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.
SECTION 7. 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 ____________________, 2024.
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. 24-26 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. 24-26 Page 3
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