AGENDA
ITEM
8 CITY O2 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
8 CITY COUNCIL
AGENDA STAFF REPORT
DATE: April 10, 2024
Mayor and City Council
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: Liliana Falomir, Public Works Manager - Administrative elu SUBJECT: Ratification of a Resolution of the City Council of the City of Calexico Pursuant to Public Contract Code (PCC) Section 20168 Finding that an Emergency Existed Due to the Need to Repair One (1) Collapsed Sewer Manhole Well at the Wastewater Treatment Plant and Authorizing Contracting Without Competitively Bidding a Contract Pursuant to PCC Section 22050 in the Amount of $149,447.77.
SEES=========== =========== SEEEEEE
Recommendation:
Ratification of a Resolution of the City Council of the City of Calexico Pursuant to Public Contract Code (PCC) Section 20168 Finding that an Emergency Existed Due to the Need to Repair One (1) Collapsed Sewer Manhole Well at Wastewater Treatment Plant and Authorizing Contracting Without Competitively Bidding a Contract Pursuant to PCC Section 22050 in the Amount of $149,447.77:
Background:
Pursuant to Public Contract Code (PCC) § 20168, the City Council may declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. In accordance with PCC §S 20168 and 22050, the City Council may repair or replace a public facility, take any related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. Under PCC § 1102 an emergency means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
Discussion and Analysis:
On January 22, 2024, an intense storm system passed through Calexico resulting in extensive rainfall and consequently one (1) sewer manhole at our Wastewater Treatment Plant collapsed.
The collapsed manhole connects the diversion structure to Influent Pump No. 2. After further inspection, this unexpected occurrence posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, and/or essential public services, and constitutes an emergency. Public Works staff with the authorization of the City Manager contracted A&R Construction to excavate the sewer manhole and repair it. manhole. Thus, Public Works staff recommends that the City Council approve the attached resolution authorizing the emergency repair of the collapsed manhole at the Wastewater Treatment Plant without competitive bidding.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2023-2024 Fund No. 547-90-940-56003-000 $149,447.77
Total $149,447.77
Coordinated With:
City Manager's Office.
City Attorney's Office.
Public Works Department.
Office of the City Clerk.
Attachments):
Resolution of the City Council of the City of Calexico Pursuant to Public Contract Code (PCC) Section 20168 Finding that an Emergency Existed Due to the Need to Repair One (1) Collapsed Sewer Manhole Well at Wastewater Treatment Plant and Heber Avenue and Authorizing Contracting Without Competitively Bidding a Contract Pursuant to PCC Section 22050 in the Amount of $149,447.77.
A&R Invoice No. 5114.
Resolution No. 2024-03 Ratifying and Declaring a Local Emergency Related to the January 22, 2024 Rain Event.
2 Picture(s):
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ATTACHMENT NO. 1
RESOLUTION NO. 2024-—
RATIFICATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALEXICO (CITY) PURSUANT TO PUBLIC CONTRACT CODE (PCC) SECTION 20168 FINDING THAT AN EMERGENCY EXISTED DUE TO THE NEED TO REPAIR ONE (1) COLLAPSED SEWER MANHOLE WELL AT WASTEWATER TREATMENT
PLANT AND AUTHORIZING CONTRACTING WITHOUT COMPETITIVELY BIDDING A CONTRACT PURSUANT TO PCC SECTION 22050 IN THE AMOUNT OF $149,447.77
WHEREAS, pursuant to Public Contract Code (PCC) § 20168, the City Council may declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property; and
WHEREAS, in accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, under PCC § 1102 an emergency means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss ot impairment of life, health, property, or essential public services; and WHEREAS, the City of Calexico (City) provides wastewater services to its residents via the City's Wastewater Treatment System; and
WHEREAS, Public Works staff recently discovered the significant operability problems with a sewer manhole at the Wastewater Treatment Plant, which was an unexpected occurrence that posed a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, and/or essential public services and constitutes an emergency; and
WHEREAS, City staff has identified a contractor, A&R Construction to repair the collapsed sewer manhole well for a reasonable price totaling One Hundred Forty-Nine Thousand Four Hundred Forty-Seven and 77/100 Dollars ($149,447.77); and WHEREAS, sufficient funds exist in the City's wastewater operating fund to pay for the repair.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO HEREBY RESOLVES AS FOLLOWS:
Section 1. The above-listed recitals are true and correct and incorporated herein.
Section 2. The City Council finds, determines and declares that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and/or property at the City of Calexico's Wastewater Treatment System due to the collapsed sewer Resolution No. 2024-
manhole well at Wastewater Treatment Plant. The City Council further finds that under these emergency conditions, the delay resulting from public bidding for the repair of the sewer manhole would imperil essential public services and pose a risk of loss or impairment of life, health, and property.
Section 3. Based on the foregoing, the City Council authorizes the City Manager to execute a purchase order and/or contract with A&R Construction for the repair of one (1) collapsed sewer manhole at Wastewater Treatment Plant totaling One Hundred Forty-Nine Thousand Four Hundred Forty-Seven and 77/100 Dollars ($149,447.77), in accordance with the specific terms set forth in the accompanying staff report.
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 10" day of April, 2024.
Gloria G. Romo, Mayor
Attest:
Veronica L. Alvarado, City Clerk
Approved as to Form:
Carlos L. Campos, City Attorney
State of California )
County of Imperial ) ss.
City of Calexico
I, Veronica L. Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the above and foregoing Resolution No. 2024- was duly passed, approved and adopted by the City Council at its special meeting held on the 10 of April, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Veronica L. Alvarado, City Clerk
ATTACHMENT NO. 2
TERRY ROBERTSON, INC., dba
7000L
A&K
CONSTRUCTION
LICENSE NO. 7B7780
FFICE (760) 344-4653 • FAX (760) 344-414
631 RIVER DRIVE • BRAWLEY, CA 92227-174
CONTRACT INVOICE
Invoicell: 5114
TO: City of Calexico Invoice Date: 04/01/2024
608 Heber Ave.
Due Date:
Calexico CA 92231 Phasett 05101/2024
Description Amount
Billing
Job Name: Calexico Sewer plant
Job # 2024-06
A+R Labor
Foreman:
Reg 54.4 hrs @ $120 6,540.00
OT 21.0 hrs @$142 2,982.00
Labor: 26,455.00
Reg: 240.5 hrs @$110
OT: 46.5 hrs @$129 5,998.50
A&R Equipment
330 Excavator
Reg 24.5 hrs @$280 6,860.00
OT 14 hrs @$300 4,200.00
938 Loader 1,900.00
Reg 10 hrs @ $190 1,365.00
OT 6.5 hrs @ $210
7,650.00
Service Truck 90 hrs @ $85
Non-Taxable Amount: 136,438.36
Taxable Amount: 12,017.93
Sales Tax: 991.48
Retention: 0.00
Amount Due: 149,447.77
Please Pay This Amount $149,447.77
A service charge of 0.00 % per annum will be charged on all amounts overdue on regular statement dates.
Please make check payable to Terry Robertson, Inc. dba: A&R Construction Thank You for your prompt payment!
Contract Invoice Invoice # 5114
Continued... Page # 2 of2
Description Amount
Trucking:
Transfer truck 6 hrs @ $130 780.00
Semi w / Lowboy 16 hrs @ $135 2,160.00
Shoring Rental 6,800.00
Bypass pump system 28,900.00
Paving 4,284.00
Manhole coating 6,750.00
Wet well Infiltration repair 3,450.00
Materials:
Concrete + slurry cement 4,190.73
Sand, Rock, Base 536.75
Repair materials 7,290.45
15% overhead and profit 19,363.86
Emergency mobilization to wastewater plant to assist City staff to investigate blocked sewer line influent to lift pump station #1.
Prepared plan to set up emergency bypass to maintain levels at the plant and prevent collection system spills. While we were onsite the surface around the blocked manhole collapsed and exposed a large sinkhole and cavern that was caused by a structural failure of the manhole. With the sewer line plugged and the bypass pumps operational we excavated the area around the manhole to access the condition for repairs or replacement. The findings of the assessment were presented with potential options to City staff. We agreed on the plan and scope to move forward. The existing failed structure was rebuilt in the existing location. The influent pipe to the wet well was replaced. The existing wet well had very significant ground water infiltration that was repaired. The cavern caused by the sinkhole was filled completely with slurry cement. The new manhole was coated with 125 mils of Duraplate 6100 epoxy. The excavated area was compacted and finished with new asphalt paving to match existing.
Throughout the bypass duration we provided diesel fuel for the pumps and daily operational checks. City staff operated the ATTACHMENT NO. 3
DocuSign Envelope ID: 2217F282-BD9D-4B78-939B-1B33046C4A13 RESOLUTION NO. 2024-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALEXICO, CALIFORNIA, RATIFYING AND DECLARING
A LOCAL EMERGENCY RELATED TO THE JANUARY 22,
2024 RAIN EVENT
WHEREAS, the California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
•WHEREAS, Calexico Municipal Code section 2.56.60 empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when there is an actual or threatened existence or conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and
WHEREAS, the severe storm and rainfall on January 22, 2024 has led to flooding and the inundation of water and wastewater from Mexicali, Mexico into New River as it crosses into the City of Calexico, subsequently threatening public health and the environment; and WHEREAS, the Director of Emergency Services determined that the rain event has created circumstances of extreme peril to public safety requiring immediate remedial action and adopted a proclamation declaring a local emergency on January 23, 2024 related to the impacts arising from severe storms and rainfall causing flooding and inundation of water from Mexicali, Mexico into the New River and thereby threatening public health and the environment; and WHEREAS, the City of Calexico is currently engaged in a three-part project funded by state grants aimed at addressing the flow and quality of water in the New River, involving the construction of a debris screen, the undergrounding of the river to bypass residential neighborhoods, and the rerouting of cleaner water from the city's wastewater treatment plant ("New River Improvement Proiect"; and
WHEREAS, the emergency conditions brought forth by the rain event have caused hazardous flooding and have negatively impacted the New River and the New River Improvement Project; and
WHEREAS, the City continues to monitor the negative impacts of the rain event as all damage has yet to be assessed and reported; and
81211.00100141971620.1
DocuSign Envelope ID: 2217F282-BD9D-4B78-939B-1B33046C4A13 WHEREAS, the City Council acknowledges these conditions have created and continue to create an environment of disaster and extreme peril to the safety of persons and property within the City of Calexico; and
WHEREAS, Government Code section 8630(b) and Calexico Municipal Code section
2.36.060(A)(1) mandate that a local emergency, once proclaimed, must be ratified by the City Council within seven (7) days to remain in effect; and
WHEREAS, the City Council of the City of Calexico desires to ratify the aforementioned Proclamation of Local Emergency to ensure ongoing coordinated response to the impacts created by severe storms and authorize the City to seek necessary assistance and reimbursement from federal and state sources.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Calexico as follows:
1. The Proclamation of Local Emergency declared by the City Manager on January 23, 2024 is hereby ratified
2. City will continue to assess the situation and utilize available resources to address the emergency conditions and coordinate response and recovery efforts.
3. The City Council shall review the necessity of continuing the local emergency at least once every 60 days until the City Council terminates the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
All departments and agencies of the City are hereby directed to take all necessary actions lo mitigate the local emergency and are authorized to seek assistance and funding from state and federal entities to aid in the response and recovery from this emergency.
5. During the existence of said local emergency, the powers, functions, and duties in response to the local emergency shall be those prescribed by state law, ordinances, and resolutions of the City.
PASSED, APPROVED AND ADOPTED at a special meeting of the City Council of the City of Calexico held on the 24" day of January 2024, by the following roll call vote:
AYES: Romo, Manzanarcz, Garcia, Moreno, Urena
NOES: None
ABSTAIN: None
ABSENT: None
81211.00100141971620.1
DocuSign Envelope ID: 2217F282-BD9D-4B78-939B-1B33046C4A13 Stre So Misine
Gloria Romo, Mayor
City of Calexico
ATTEST:
Veronica L. Alvarado,City Clerk
City of Calexico
APPROVED AS TO FORM:
DocuSigned by:
Carlos Campos
Callos Campos, City Attorney
City of Calexico
81211.00100\41971620.1
State of California
County of Imperial ) ss.
City of Calexico
1, Veronica L. Alvarado, City Clerk of the City of Calexico, California, do hereby certify that the above and foregoing Resolution No. 2024-03 was duly passed, approved and adopted by the City Council at a special meeting held on the 24 of January 2024, by the following vote, to-wit:
AYES: Romo, Manzanarez, Garcia, Moreno, Ureña
NOES: None
ABSTAIN: None
ABSENT: None
Veronica L. Alvarado, City Clerk
81211.00100\41971620.1