RESOLUTION NO. 2023-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES DECLARING AN EMERGENCY PURSUANT TO SECTION 22050 OF THE PUBLIC CONTRACT CODE AND SECTION 316.050 OF THE GONZALES MUNICIPAL CODE
AND AUTHORIZING EMERGENCY REPAIR WORK BY SALINAS PUMP
COMPANY FOR WELL 5 IN AN AMOUNT NOT TO EXCEED $75,000
WHEREAS, the City operates a municipal water system that serves residents, businesses, and industrial facilities and the city water supply is from four active water wells; and WHEREAS, the City water supply is from Well 4, 5, 6 and 7; and WHEREAS, in May 2023, staff had an electrician and a pump company investigate why Well 5 wasn’t properly operating; and
WHEREAS, staff authorized Salinas Pump Company to pull the well pump and they determined the pump bearings need to be replaced at a cost of $64,585; and WHEREAS, staff recommends adding a $10,415 contingency for unforeseen costs for a total authorization to Salinas Pump Company of $75,000; and WHEREAS, operation of Well #5 is critical to the City’s water production, and its proximity to the main water line supplying the City’s water tanks is an integral part of the City’s water supply system; and
WHEREAS, staff is of the opinion that the inability to use Well #5, creates a real possibility that the City would be without sufficient water to meet public water demand needs; and
WHEREAS, staff believes there is a need to perform well maintenance, repair and remedial work on an expedited basis to protect the City’s water supply and delivery system and ensure the general health, safety and welfare of the residents of Gonzales; and WHEREAS, the City adopted the procedures set forth in the Uniform Public Construction Cost Accounting Act pursuant to Public Contract Code Sections 22030-22045; and WHEREAS, staff is of the opinion that adherence to purchase bidding requirements set forth in Chapter 3.16 of the Gonzales Municipal Code, and contract bidding procedures established in the Public Contract Code, will result in unacceptable delays before the City can commence action to place Well #5 back online; and
WHEREAS, Section 3.16.050 of the Gonzales City Code provides an exception to the bidding requirements for the purchase of equipment when an “emergency” (defined in part as a breakdown in machinery or an essential service which requires the immediate purchase of
supplies or services to protect the public health, welfare and safety) arises, and operational problems associated with Well #5 have created a City emergency; and WHEREAS, Sections 22050 and 20168 of the Public Contract Code provide that in the case of an emergency, the City Council, by four-fifths vote, may pass a resolution declaring the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health and property, and that such monies may be expended without compliance with mandatory contract bidding procedures; and
WHEREAS, Section 1102 of the Public Contract Code defines emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring action to prevent or mitigate the loss or impairment of life, health or property, and the circumstances surrounding operational problems with Well #5 have created the need to take immediate action to address the cause of said problems, meeting this definition of emergency; and NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Gonzales hereby resolves as follows:
1. Based on the recitals set forth above, which are incorporated herein by reference, the City Council hereby declares that an emergency situation, as defined in both Gonzales City Code 3.24 and Public Contract Code Section 1102, exists with respect to the need to take immediate action to repair Well #5 to ensure adequate water supply to the citizens of Gonzales.
2. By this Resolution, and the authority granted by Gonzales City Code Chapter 3.16 and Public Contract Code Sections 22050 and 20168, the City Council finds that the public interest and necessity demand the immediate obligation of funds to maintain, repair and rehabilitate City Well #5 without need to comply with formal bidding procedures, and ratifies the action of Staff to enter into a contract(s) to provide the necessary analytical and remedial services, in an amount not to exceed $75,000.
3. In order to provide funding for the repair work set forth herein, the Council approves an expenditure of an amount not to exceed $75,000 from the Water Fund.
4. Staff is directed to report on the emergency work at the next regularly scheduled meeting and at every meeting thereafter until the identified emergency has terminated.
PASSED AND ADOPTED by at least a four-fifths vote at a regular meeting of the City Council of the City of Gonzales duly held on the 20th day of June, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk