Res 17-023RESOLUTION NO. 17-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING WAIVER OF THE
FORMAL BID PROCESS FOR EMERGENCY REPAIR OF
THE BOILER LOOP UNDER CITY HALL
WHEREAS, during a routine analysis of City Hall and the City Council
Chambers water use report, a high water use rate was observed;
WHEREAS, staff took immediate steps to determine the source of the high
water use;
WHEREAS, staff discovered a leak and contacted the City's as -needed
plumbing contractor;
WHEREAS, in consultation with the contractor an estimate to perform the
repair was formed;
WHEREAS, the immediate need to complete the emergency repair exceeded
the $5,000 limit and a Public Works project would have to be bid to repair the hot
water pipe, but the urgency of the work would not permit a delay resulting from the
public bid and contract process;
WHEREAS, staff has a contractor that has met our contracting requirements
and could 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 Resolution declaring that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health, or property in the
case of an emergency that does not allow time for a formal bid process, where the
Resolution is adopted by a four-fifths vote of the City Council.
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 repair work approves a waiver of the City's formal bid process for the
emergency repair of the hot water pipe to ensure that public health and safety is not
compromised.
Resolution No. 17-023
Page 2
Section 3: The City Manager is hereby authorized to order work for the
emergency repair, 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, California, at a regular meeting this 16th day of May 2017.
Steve Vaus, Mayor
ATTEST:
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Nancy Neu eld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 17-023 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of May 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy eufeld CMC, City Clerk
City of Poway