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CC SR 20240806 G - Emergency Hydraugers Contract Continuation CITY COUNCIL MEETING DATE: 08/06/2024 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 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) 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. July 16, 2024 staff report B. July 2, 2024 staff report C. June 18, 2024 staff report D. June 4, 2024 staff report E. May 21, 2024 staff report F. May 7, 2024 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 F). On May 21, June 4, June 18, July 2, and July 16, 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 E, D, C, B, and A). 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 that 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 July 2, 2024, the need for the emergency work is ongoing. The status of the project at the time of publication of this staff report on August 1, 2024 is as follows: • Drilling of the vertical boreholes landward of Palos Verdes Drive South (PVDS) for emergency hydrauger E-1 (E-1) is complete. • Drilling of the first of four boreholes seaward of PVDS for E-1 began on July 24and is expected to be completed by August 2 or sooner. • Instrumentation to gauge land movement and further validate the final hydrauger system design continues to be installed in each borehole. • Environmental monitoring is being conducted in conjunction with construction activities. • Drilling of ten boreholes for Emergency Hydrauger E-2 (E-2) is being scheduled. During drilling operations for the boreholes drilled to date, production has been impacted by the presence of soil with a harder composition than originally anticipated. Additionally, the contractor has been directed to drill at deeper depths than originally anticipated to confirm the presence of any deeper land movement that may dictate adjustments to the design of the hydraugers. 2 To accelerate the schedule, Staff is working with the project team to mobilize a second drill rig to drill boreholes at multiple locations concurrently instead of sequentially as originally planned. The second drill rig was originally planned for mid-July but is now expected by mid-August as more time is needed for finalizing the depths and associated subsurface instrumentation for the E-2 boreholes landward of PVDS. The overall estimated schedule for completing the boreholes for E-1 and analyzing the resultant data is approximately ten weeks, which is greater than the originally anticipated schedule of four to six weeks. The emergency conditions necessitating the project are likely to persist at least until completion of the project. ADDITIONAL INFORMATION: On July 31, the City was informed that the Federal Emergency Management Agency (FEMA) will be awarding $1,183,635 million for Phase I (Design and Development) of the Portuguese Bend Landslide Remediation Project through its Building Resiliency Infrastructure Community (BRIC) grant program. The fun ds will go towards the City’s original project, not the emergency project described in this staff report. The City’s match is $432,165. 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