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Res 18-019RESOLUTION NO. 18-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, PROCLAIMING THE TERMINATION OF WAIVER OF THE FORMAL BIDDING PROCESS FOR ROAD REPAIRS RELATED TO A WATER MAIN BREAK IN TARZANA ROAD WHEREAS, California Public Contract Code sections 20168 and 22050, and Poway Municipal Code section 3.28.080 provide that the City Council may pass by a four-fifths vote, a waiver of the formal bid process in the case of an emergency which does not allow time for a formal bid process; WHEREAS, California Public Contract Code section 20168 provides that the City Council may pass by a four-fifths vote, a declaration that the public interest and necessity demand the immediate expenditure of public money; WHEREAS, on April 17, 2018, the City Council passed Resolution No. 18-017 entitled "A Resolution of the City Council of the City of Poway, California, Approving Waiver of the Formal Bidding Process for Road Repairs Related to a Water Main Break in Tarzana Road" as a result of a broken water main in Tarzana Road; WHEREAS, a contractor performed the repair of damage to Tarzana and Glenoak Roads, and the project is considered complete; and WHEREAS, the City of Poway expended $64,383.40. for necessary repairs under the emergency authorization; 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 appropriate emergency repairs were authorized by the City Manager in accordance with California Public Contract Code Section 22050. Section 2: The required work to restore public facilities to ensure public health and safety is not compromised, necessitating a waiver of the City's formal bid process for the City of Poway has been completed. Section 3: Resolution No. 18-017 is hereby rescinded. 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 1 st day of May 2018. 0 Steve Vaus, Mayor ATTEST: IVar(cy Poufellld, CMC, City Clerk Resolution No. 18-019 Page 2 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. 18-019 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of May 2018, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nanc lel ufe CMC, City Clerk City of Poway