AGENDA
ITEM
13 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
13 CITY COUNCIL
AGENDA STAFF REPORT
DATE: April 1, 2026
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director Le
then
PREPARED BY: Jesus Villegas, Public Works Director/City Engineek you SUBJECT: Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center:
a) Authorize the Mayor to Sign the Reimbursement Agreement between the City of Calexico and Imperial County Transportation Commission (ICTC) for any Cost Associated with the Completion of the Required Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
b) Authorize the City Manager to use $974,885.00 of Fund No. 402-90- 956 Local Transportation Authority (LTA) 2018 Bond Proceeds for Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
Recommendation:
It is recommended that the City Council of the City of Calexico approve the following:
a) Authorize the Mayor to Sign the Reimbursement Agreement between the City of Calexico and Imperial County Transportation Commission (ICTC) for any Cost Associated with the Completion of the Required Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
b) Authorize the City Manager to use $974,885.00 of Fund No. 402-90-956 Local Transportation Authority (LTA) 2018 Bond Proceeds for Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
Background:
Imperial County Transportation Commission (ICTC) is in the final phase of completing the Calexico Intermodal Transportation Center (ITC) Project. The improvements to the Calexico ITC project site require modifications to the existing surrounding roadways to ensure proper functionality to the project site and transit operations. Said roadways include 3rd Street, Rockwood Avenue and Heffernan Avenue near the Calexico ITC Project site. As part of the Calexico ITC Project, ICTC was required to complete some roadway tie in infrastructure improvements. During construction it was determined that the existing roadway sections require significant improvement to ensure the facility and the surrounding roadway systems function cohesively and the project site in addition to transit operations are not compromised.
Discussion and Analysis:
As a result of the extensive roadway improvements and to beautify downtown area, the City of Calexico is proposing to complete the roadway work utilizing ICT's current construction agreement with Hazard Construction. ICTC and Hazard Construction will execute a change order for the scope of work. Hazard Construction will invoice ICTC through its existing agreement. ICTC will immediately invoice the City upon issuance of payment to or prior to issuing payment to Hazard Construction as specified in the Reimbursement Agreement (see Attachment No. 1). The proposed roadway improvements are expected to be completed within the existing Calexico ITC schedule.
City staff did approach ICTC and asked if they could use Calexico ITC current project funding for said roadway improvements. ICT has notified the City that ICT's current project funding cannot contribute to any additional roadway improvements outside of those already considered to be a part of the project. For this reason, City staff is recommending that the City Council authorize the City Manager to use $974,885.00 of Local Transportation Authority (LTA) 2018 Bond Proceeds for roadway improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
Fiscal Impact:
Budgeted Item for FY 2025-2026
Fund No. 402-90-956-56003-000 - LTA 2018 Bond Proceed $974,885.00 Total $974,885.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Imperial County Transportation Commission.
2 Attachments):
1. Reimbursement Agreement between the City of Calexico and Imperial County Transportation Commission (ICT) for any Cost Associated with the Completion of the Required Roadway Improvements along 3rd Street, Heffernan Avenue and Rockwood Avenue near the Calexico Intermodal Transportation Center.
ATTACHMENT NO. 1
1 REIMBURSEMENT AGREEMENT
2 Imperial County Transportation Commission
3 THIS REIMBURSEMENT AGREEMENT ("Agreement"), made and entered into this 1s day of 4 April, 2026, by and between the CITY OF CALEXICO, a political subdivision of the state of California, 5 by and through its City Manager's Office ("CITY"), and the IMPERIAL COUNTY 6 TRANSPORTATION COMMISSION, a County Transportation Commission formed and existing 7 pursuant to Public Utilities Code §$ 132800 et seq. ("ICTC") (individually, "Party;" collectively, "Parties") 8 shall be as follows:
9 RECITALS
10 WHEREAS, ICTC has historically worked indirectly with various cities and the county to deliver 11 various types of transportation planning and capital projects; and 12 WHEREAS, the CITY is in need to complete roadway improvements along Rockwood Avenue, 13 3rd Street, and Heffernan Avenue (the "Project"); and 14 WHEREAS, the Project directly impacts ICT's Calexico Intermodal Transportation Center 15 | ("ITC) Project; and
16 WHEREAS, the CITY has expressed the desire to utilize ICT's existing construction contract for 17 the Calexico ITC Project to deliver the proposed roadway improvements; and 18 WHEREAS, ICTC has confirmed with ICT's funding agencies that the proposed roadway 19 improvements can be completed via its existing contract, however, ICTC cannot utilize Calexico ITC 20 project specific funds to complete these efforts; and 21 WHEREAS, CITY agrees to reimburse ICTC for the actual costs associated with the CITY 22 proposed roadway improvements in accordance with and subject to the terms of this Agreement and as more 23 particularly described in Exhibit "A," attached hereto and incorporated herein by this reference. 24 NOW, THEREFORE, CITY and ICTC hereby agree to the following:
25 1. RECITALS.
26 The Parties certify that to the best of their knowledge, the above recitals are true and correct. 27 The recitals are hereby adopted and incorporated within this Agreement.
2. CONTRACT COORDINATION.
1 1 2.1. CITY's City Manager, or his/her designee, shall be the representative of CITY for all 2 purposes under this Agreement. CITY's City Manager, or his/her designee, is hereby 3 designated as the Contract Manager for CITY. He/she shall supervise the progress and 4 execution of this Agreement.
5 2.2. ICTC shall assign a single Contract Manager to have overall responsibility for the progress 6 and execution of this Agreement. Should circumstances or conditions subsequent to the 7 execution of this Agreement require a substitute Contract Manager for any reason, the 8 Contract Manager designee shall be subject to the prior written acceptance and approval of 9 CITY's Contract Manager.
10 2.3. The Project shall be limited to the scope of work described in Exhibit "A" ("Scope of 11 Work"). No change order, extra work authorization, or other modification that increases 12 CITY's reimbursement obligations, or expands the Scope of Work shall be binding upon the 13 CITY unless approved in advance in writing by CITY's Contract Manager. 14 3. CITY RESPONSIBILITIES.
15 3.1. CITY agrees to reimburse ICT for the actual, documented costs associated with the 16 roadway improvements to Rockwood Avenue, 3rd Street, and Heffernan Avenue near the 17 Calexico ITC project site to the extent such costs are (i) within the Scope of Work; (ii) and 18 (iii) incurred pursuant to the approval authorized under this Agreement. Such 19 reimbursement shall be in the form of a payment made directly to ICTC, in an amount not 20 to exceed Nine Hundred Seventy Four Thousand Eight Hundred and Eighty-Five dollars 21 ($974,885.00) (the "Not to Exceed Amount"). ICTC shall not invoice for, and CITY shall 22 have no obligation to reimburse any amount in excess of the Not to Exceed Amount absent 23 a written amendment executed in accordance with Section 11 of this Agreement. Should 24 the CITY fail to reimburse ICTC, the CITY authorizes ICTC to withdraw payments equal 25 to the total amount of cost associated with the CITY roadway improvements from the 26 CITY's Local Transportation Authority Funding Account. Said reimbursement will not 27 exceed the total cost of the roadway improvement work as agreed to within this agreement. 28 2
1 3.2. Subject to receipt of a complete invoice and documentation as required herein, CITY shall 2 remit payment of undisputed amounts within thirty (30) days following CITY's receipt of 3 such an invoice.
4 ICTC RESPONSIBILITIES.
5 4.1. ICTC agrees to provide all pertinent invoicing information provided by the Contractor. 6 Invoices shall be accompanied by supporting documentation sufficient to substantiate the 7 costs for which reimbursement is requested. Such documentation may include, as applicable, 8 the contractor's payment request, approved change orders, and other reasonable 9 documentation requested by CITY.
10 4.2. ICTC shall provide all information, approvals, and authorizations necessary for CITY to 11 make the reimbursement payment as stated in Section 3. 12 4.3. ICTC will assist as needed to coordinate between the Contractor and the CITY for 13 deliverables and other associated necessities. The Contractor will be completing the 14 necessary work through ICTC as requested by the CITY. 15 4.4. ICTC shall maintain books, records, documents, and other evidence pertaining to the costs and expenses reimbursed (or requested to be reimbursed) under this Agreement for a period 17 of not less than four (4) years after final payment (or such longer period as may be required 18 by applicable funding requirements). Upon reasonable notice, CITY and its authorized 19 representatives shall have the right to examine and audit such records during normal 20 business hours.
21 TERM OF AGREEMENT.
22 This Agreement shall commence on the date first written above, and shall remain in effect until the 23 completion of the Project, unless otherwise terminated as provided for herein. Either Party may terminate 24 this Agreement without cause by providing the other Party with 30 days' prior written notice. In the event 25 CITY terminates this Agreement without cause, CITY shall reimburse ICTC for all costs and expenses 26 incurred by ICTC in performance of this Agreement up to the effective date of termination. Notwithstanding 27 the foregoing, CITY's reimbursement obligation upon termination shall be limited to those costs: (i) 28 incurred prior to the effective date of termination; (ii) within the Scope of Work; (iii) supported by 3 1 documentation required under this Agreement; and (v) authorized in accordance with Section 2.3. Payment 2 shall be made in the manner provided for in Section 3 of this Agreement. 3 6. INDEMNIFICATION
4 To the fullest extent permitted by law, each Party (the "Indemnifying Party") shall defend (with 5 counsel reasonably acceptable to the Indemnified Party, indemnify, and hold harmless the other Party 6 and its officers, officials, employees, and volunteers (collectively, the "Indemnified Party") from and 7 against any and all claims, demands, causes of action, damages, liabilities, losses, and expenses, 8 including without limitation reasonable attorneys' fees and costs of litigation, to the extent arising out of 9 or resulting from the negligent acts, errors, or omissions or willful misconduct of the Indemnifying Party, 10 or its officers, officials, employees, agents, or contractors, in connection with the performance of this = Agreement. Nothing in this Agreement is intended to, nor shall it be construed to, limit or waive any 12 immunities, defenses, or limitations of liability available to either Party under applicable law, including 13 without limitation Government Code section 810 et seq. 14 7. INSURANCE.
15 Parties agree to procure and maintain insurance coverages sufficient to cover their respective 16 risks.
17 8. NOTICES AND REPORTS.
18 8.1. All notices and reports under this Agreement shall be in writing and may be given by 19 personal delivery or by mailing by certified mail, addressed as follows:
20 CITY ICTC
City of Calexico Imperial County Transportation
21 City Manager's Office Commission
Att: Contract Manager Attn: Contract Manager
22 608 Heber Avenue 1503 N. Imperial Ave., Ste 10‹
Calexico. CA 92231 El Centro. CA 92243
23 24 8.2. Notices and reports under this Agreement may be given by personal delivery or by 25 mailing by certified mail at such other address as either Party may designate in a notice 26 to the other Party given in such manner. Any notice given by mail shall be considered 27 given when deposited in the United States Mail, postage prepaid, addressed as provided 28 herein.
4 1 9. ENTIRE AGREEMENT.
2 This Agreement contains the entire agreement between CITY and ICTC relating to the 3 transactions contemplated hereby and supersedes all prior or contemporaneous agreements, 4 understandings, provisions, negotiations, representations, or statements, either written or verbal. All 5 existing ICTC contractual federal, state and local requirements shall apply to this agreement as 6 applicable.
10. ASSIGNMENT.
8 Neither this Agreement nor any duties or obligations hereunder shall be assignable by ICTC 9 without the prior written consent of CITY.
10 11. MODIFICATION
11 No modification, waiver, amendment, discharge, or change of this Agreement shall be valid 12 unless the same is in writing and signed by the Party against whom the enforcement of such modification, 13 waiver, amendment, discharge, or change is or may be sought. 14 12. CAPTIONS.
Captions in this Agreement are inserted for convenience of reference only and do not define, 16 describe or limit the scope or the intent of this Agreement or any of the terms thereof. 17 13. PARTIAL INVALIDITY
18 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being 20 impaired or invalidated in any way.
21 14. GENDER AND INTERPRETATION OF TERMS AND PROVISIONS. 22 14.1. Words and expressions in the masculine gender include the feminine and neuter genders. 23 Words and expressions in the singular include the plural and words and expressions in 24 the plural include the singular.
25 14.2. ICTC, as used in this Agreement or in any other document referred to in or inade a part 26 of this Agreement, shall likewise include both singular and the plural, a corporation, a 27 partnership, individual, firm or person acting in any fiduciary capacity as executor, 28 administrator, trustee or in any other representative capacity or any other entity. 5 1 14.3. All covenants herein contained on the part of ICTC shall be joint and several if more than 2 one person, firm, or entity executes the Agreement.
3 15. WAIVER.
4 No waiver of any breach or of any of the covenants or conditions of this Agreement shall be 5 construed to be a waiver of any other breach or to be consent to any further or succeeding breach of the 6 same or any other covenant or condition.
7 16. CHOICE OF LAW.
8 16.1. The laws of the State of California shall govern this Agreement. 9 16.2. This Agreement is made and entered into in Imperial County, California. 10 16.3. Any action brought by either Party with respect to this Agreement shall be brought in a 11 court of competent jurisdiction within Imperial County. 12 17. AUTHORITY.
17.1. Each individual executing this Agreement on behalf of ICTC represents and warrants 14 that:
15 17.1.1. He/She is duly authorized to execute and deliver this Agreement on behalf of 16 ICTC;
17 17.1.2. Such execution and delivery is in accordance with the terms of the Articles of 18 Incorporation or Partnership, any by-laws or Resolutions of ICTC; and 19 17.1.3. This Agreement is binding upon ICTC in accordance with its terms. 20 17.2. ICTC shall deliver to CITY evidence acceptable to CITY of the foregoing within thirty 21 (30) days of execution of this Agreement.
22 18. COUNTERPARTS.
23 This Agreement and any subsequent modifications may be executed in any number of 24 counterparts, each of which when executed shall be an original, and all of which together shall constitute 25 one and the same Agreement. No counterparts shall be effective until all Parties have executed a 26 counterpart hereof.
27 19. REVIEW OF AGREEMENT TERMS.
28 Both Parties have had the opportunity to review this Agreement with their respective legal 6 counsel, and no presumption or rule that ambiguities shall be construed against the drafting Party shall 2 apply to the interpretation or enforcement of the same or any subsequent amendments thereto. 3 20. NON-APPROPRIATION
4 20.1. All obligations of CITY are subject to appropriation of resources. 5 20.2. This Agreement is valid and enforceable only if sufficient funds are made available to 6 CITY for the purposes of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress, State 8 Legislature, or CITY, and any regulations prescribed therefrom, that may affect the 9 provisions, terms, or funding of this Agreement.
10 20.3. If sufficient funds for the Agreement are not appropriated, this Agreement may be 11 amended or terminated in order to reflect said reduction in funding. 12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 1
2 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first 3 above written.
4 City of Calexico Imperial County Transportation Commission 5 6
7 By: By:_
8 Victor Legaspe, Mayor Karin Eugenio, Chairman
City of Calexico ICTC
9 10
ATTEST:
=
12 By:_ By:_
Veronica Luna-Alvarado Cristi Lerma
13 Clerk of the Board Secretary to the Commission
14 15 APPROVED AS TO FORM:
16 17 By: By:_
Geoff Holbrook
18 City Attorney ICTC Counsel
19 20
21 22
23 24
25 26
27 28
EXHIBIT "A"
SCOPE OF WORK
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 9
1 EXHIBIT 'A' STREET REMOVE AND REPLACE
BID SCHEDULE OF VALUES
HAZARD
MARCH 26, 2026 ONSTRUCTIOL
NGR L
A. Scope of Work
1. Mobilization / Supervision 1 LS @ $16,000.00 / LS = $16,000.00
2. Traffic Control 1 LS @ $25,000.00 / LS = $25,000.00
3. Construction Survey & Layout 1 LS @ $12,000.00 / LS = $12,000.00
4. Mill & Remove 7" Asph Conc 2,120 CY @ $90.00 / CY = $190,800.00
5. Remove Curb & Sidewalk 1 LS @ $6,125.00 / LS = $6,125.00
6. 5" Asphalt Concrete (3/4" Mix) 3,130 TN $200.00 / TN = $626,000.00
7. 6" PCC Curb & Gutter w/ 6" CL2 AB 70 LF @ $80.00 / LF = $5,600.00
8. 4" PCC Sidewalk w/ 6" CL2 AB 1,080 SF $17.00 / SF = $18,360.00
9. Adjust Valve Cans / Manholes (Twice) 1 LS @ $50,000.00 / LS = $50,000.00
10. Pothole Existing Utilities 1 LS @ $10,000.00 / LS = $10,000.00
11. Striping and Marking 1 $15,000.00 / LS = $15,000.00 COR Total: $974,885.00
Notes:
- AC Removal and Replacement based on 5 day per week / 8 hour per day work schedule. - Labor, Equipment and Material pricing guaranteed for work completed prior to June 30, 2026. - Asph Conc pavement finish grade will be based on a 2% slope projection from top of curb to a centerline crown per direction of the City of Calexico. Hazard Construction Engr LLC will not be responsible for the design accuracy of the resulting pavement grades or drainage flow. - To be performed concurrently during ICTC Calexico Intermodal Transportation Center contract work.
Schedule:
- Job start on April 6, 2026 with a completion date of May 1, 2026. Based on receipt of written letter of Intent on/or before April 2, 2026.
- This schedule is based on the listed scope and quantities and does not account for added work based on unforeseen field conditions.
Valve Cans / Manhole Adjustments:
- Sewer Manhole 7 EA
- Water Valve Can 6 EA
- Monitoring Well Can 1 EA
- Gas Valve Can 1 EA
Source Documents:
- Site Visit
- ICTC Exhibit A (Additional Scope Limits) Sheet 1 of 1 dated 2026/03/17, additional Scope Request Letter and Cold Plane / Asphalt Tie in Detail Sheet
- Cores Report letter for 3rd Street and Rockwood Ave dated 02/23/2026 by Sierra Testing .
Inclusions:
- Items, quantities, unit prices and totals represent a Lump Sum minimum Change Order value to perform the work. Item 4 and Item 5 quantity overages will be field measured and paid for at the listed unit price. - Complete 24/7 Road Closure of all shown streets concurrently during construction. - One Mobilization
- Prevailing Wage Rates
- Performance & Payment Bond
- Construction Water
- Construction Survey / Layout
- Remove and Replace Curb/ Sidewalk per Exhibit 'A'
EXHIBIT 'A' STREET REMOVE AND REPLACE
BID SCHEDULE OF VALUES
HAZARD
MARCH 26, 2026 CONSTRUCTON
Inclusions (Cont.):
- Removal and disposal of existing Asph Conc to subgrade concrete pavement or aggregate base -AC removals to be stockpiled free of charge at the City of Calexico yard at 549 Pierce Avenue - HMA 3/4" PG-70-10 Asph Conc material
- Two phase Valve Can / Manhole adjustment limited to above field observation quantities - Thermoplastic restriping to match existing configuration Exclusions:
- Any items of work not specifically listed in Bid Schedule of Values. - Permits / Fees / Engineering
- Environmental Permits / Fees
- Builder's Risk Insurance
- QA / QC Testing
- Pavement Reinforcing Fabric
- Concrete Pavement Removal, Patching and Crack Seal.
Paving Fabric Removals
- Mass Excavation and Remedial Grading
- Prime Coat
- Traffic Control Plan & Permit
- Soils and Compaction Testing
- SWPP Plan and Permits
- Hazardous Materials Handling and/or Abatement
- Erosion Control
- Handling of Buried Man-Made Objects and Trash
DASHED LINE=
• ASPHALT SCOPE ADDITION
EXHIBIT A 18:
SOLID LINE=
•P.C.C. CURB & GUTTER, SIDEWALK
ADDITION TO SCOPE
4TH STREET
IMPERIAL AVENUE / SR 111 ON FILE
~ 170ft 170ft ~
~ 190ft.
3RD STREE
ICTC'S INTERMODAL
TRANSIT CENTER ~ 170ft
E 2ND STREET
ROCKWOOD AVENUE FFERNAN AVENUE
811 Know what's below.
Call before you dig.
NO: BY: DATE: REVISIONS:
In the City of Calexico, State of California
City of Calexico SHEET NO.
Public Works Department
ICTC Intermodal Transit Center EX-A
(ADDITIONAL SCOPE LIMITS)
549 Pierce Avenue (760)768-2160
Calexico CA, 92231 (760)768-0992 Fax
DATE: 2026/03/17 SHEET 1 OF 1