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CC SR 20240702 J - Emergency Hydraugers Contract Continuation 0CITY COUNCIL MEETING DATE: 07/02/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. RECOMMENDED COUNCIL ACTION: (1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project originally declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action to install hydraugers in the Portuguese Bend Landslide to seek to mitigate the movement of the landslide ; and (2) Direct the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. FISCAL IMPACT: There is no fiscal impact associated with the recommended Council action as $10,510,000 was appropriated by the City Council on April 16, 2024. VR Amount Budgeted: $10,510,000 Additional Appropriation: N/A Account Number(s): 330-400-8304-8XXX (CIP Fund – PB Landslide-Various) 331-400-8304-8802 (ARPA Fund – PB Landslide - Impr) VR ORIGINATED BY: David Copp, Deputy Public Works Director REVIEWED BY: Ramzi Awwad, Public Works Director APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. June 18, 2024 City Council Staff Report B. June 4, 2024 City Council Staff Report C. May 21, 2024 City Council Staff Report D. May 7, 2024 City Council Staff Report 1 BACKGROUND: On October 3, 2023, the City Council adopted Resolution No. 2023-47, declaring a state of local emergency relating to the land movement in the landslide complex. The state of emergency has been timely renewed and is current. On May 7, 2024, the City Council extended the Local State of Emergency pursuant to Resolution No. 2024 -20 and approved, among other things, a Public Works Contract with Malcolm Drilling Inc. (Malcolm) to perform the work of the Portuguese Bend Landslide Emergency Hydraugers Project (Attachment D). On May 21, June 4, and June 18, 2024, the City Council reconfirmed, by a four-fifths vote, that there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project (Attachments A, B and C). DISCUSSION: Pursuant to Public Contract Code § 22050, the City Manager and Director of Public Works must report to the City Council at its regular meeting the reasons justifying why the emergency continues to exist and why action outside of the normal bidding process is necessary to respond to the emergency. Furthermore, Public Contract Code § 22050 states that the City Council shall, at every regularly scheduled meeting , consider and reaffirm by a four-fifths vote there is a need to continue to remediate the emergency until the authorized emergency repairs have been completed. Accordingly, because the work has not yet been completed, this item is on tonight’s agenda. This item will be placed on each subsequent agenda until all aspects of the project are completed. Since the most recent update to the City Council on June 18, 2024, the need for the emergency work is ongoing. The status of the project at the time of publication of this staff report on June 25, 2024 is as follows: • Clearing and grubbing for access to most of the borehole sites is complete. • Drilling for the first two boreholes is complete. Drilling activities for the third and fourth boreholes are expected to be completed by the end of the first week of July. • Additional borehole locations are being prepared and associated instrumentation with long lead delivery timelines are being ordered ahead of drilling additional boreholes. • Environmental monitoring is being conducted in conjunction with construction activities. During drilling operations for the first three boreholes, production was impacted by the presence of soil with a harder composition than originally anticipated. In response, an additional drill rig is being mobilized to improve the progress for the remaining boreholes. The second drill rig is scheduled to arrive by the second week of July. The estimated schedule for completing the boreholes for Hydrauger Array E -1 and analyzing the resultant data is approximately six to eight weeks , which is greater than the originally anticipated schedule of four to six weeks. This is partly due to field conditions and the depth of drilling required. The emergency conditions necessitating the project are likely to persist at least until completion of the project. 2 CONCLUSION: The effects of the ongoing land movement continue to be felt in the Greater Portuguese Bend Landslide Complex. Staff recommends reconfirming, by a four-fifths vote, that there is a need to continue to remediate the emergency identified by City Council -adopted Resolution No. 2024-20 (originally by Resolution No. 2023-47), and reconfirm, by a four- fifths vote, the need for continuing the work on the Portuguese Bend Landslide Emergency Hydraugers Project. ALTERNATIVES: In addition to Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Take other action or provide direction, as deemed appropriate. 3