Res P-16-07RESOLUTION NO. P -16 -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING WAIVER OF THE FORMAL BID
PROCESS FOR EMERGENCY REPAIR
OF A DAMAGED STORMDRAIN PIPE
WHEREAS, the City of Poway experienced significant rain events the week of
January 4, 2016; and
WHEREAS, a damaged stormdrain pipe caused a sink hole that was
discovered on January 12, 2016 under Pomerado Road at the intersection of
Pomerado Road and Twin Peaks Road; and
WHEREAS, the immediate need to complete the emergency repair of the
stormdrain would not permit a delay resulting from the public bid and contract
process; and
WHEREAS, staff secured a Contractor qualified to perform the emergency
work; and
WHEREAS, Public Contract Code sections 20168 and 22050, and Poway
Municipal Code section 3.28.080, provide that the formal bid process may be waived
by a four -fifths vote of the City Council in the case of an emergency which does not
allow time for a formal bid process; and
WHEREAS, Public Contract Code sections 20168 and 22050 provide that the
City Council may, by a four -fifths vote, adopt a Resolution declaring that the public
interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The foregoing recitals of fact are found to be true and correct, and the
actions previously taken by the City Manager to respond to the herein described
emergency are approved.
Section 2: The City Council hereby finds that delays caused by a competitive bid
process for work to complete the repair of the damaged pipe will likely result in harm
to the public, and approves a waiver of the City's formal bid process for the
emergency repair of the damaged stormdrain pipe under Pomerado Road to ensure
that public safety is not compromised.
Resolution No. P -16 -07
Page 2
Section 3: The City Manager, Chief Engineer, or other nonelected agency officer, and
each of them, (each, an "Authorized Representative ") is hereby authorized to order
work for the emergency repair and replacement, and execute such agreements and
other documents in the form approved by the Authorized Representative after
consultation with the City Attorney.
Section 4: This Resolution shall require a four -fifths vote of the City Council.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, at a regular meeting this 15th day of March 2016.
teve Vaus, Mayor
ATTEST:
sjr:16CL k'Ac��2
Linda K. Hascup, Interim Cify Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO)
I, Linda K. Hascup, Interim City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P -16 -07 was duly
adopted by the City Council at a meeting of said City Council held on the 15th day
of March 2016, and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda K. Hascup, Interim CiN Clerk