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Res 23-008RESOLUTION NO. 23-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TERMINATING PORTIONS OF BID NO. 23-006 FOR ASPHALT, AGGREGATES AND RELATED MATERIALS AND DIRECTING STAFF TO PROCEED WITH OPEN MARKET PURCHASING OR COMPETITIVE NEGOTIATIONS WHEREAS, the City of Poway did duly advertise for bids for Asphalt, Aggregates and Related Materials, Bid No. 23-006; WHEREAS, the deadline to receive bids for asphalt, aggregates and related materials was 2:00 p.m. on January 19, 2023; WHEREAS, no bids were received for four (4) of the 19 items by the City on or before the deadline; WHEREAS, pursuant to Poway Municipal Code Section 3.28 .070 (E) and 3.28.080 (G), the City Council may reject all bids or part thereof, and re-advertise for bids, or, in the event no bids are received, the City Council may follow the procedures set forth in Public Contract Code Section 20166 and 20167, and waive formal bidding and authorize the Director of Finance or designee to proceed with purchasing materials through the open market process or competitive negotiations; and WHEREAS , due to the City receiving no bids for specific aggregate materials through formal bidding procedures, the City Council believes it to be in the best interest of the City to proceed with the purchasing of these materials through either open market purchasing or competitive negotiations with one or more vendors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby finds that after fully complying with the City's purchasing ordinance, no bids were received for four (4) items (9, 11, 15 and 17) in the Asphalt, Aggregates and Related Materials, Bid No. 23-006. SECTION 2: The City Council hereby terminates the bid process for the four (4) items in the Asphalt, Aggregates and Related Materials bid and authorizes the Director of Finance or designee to proceed with the purchase of materials for the project through either open market purchasing or competitive negotiation with one or more vendors, such procedure to be determined at the sole discretion of the Director. SECTION 3: This Resolution shall require a four-fifths vote of the City Council. II II II Resolution No . 23-008 Page 2 PASSED, ADOPTED AND APPROVED at a regular Meeting of the City Council of the City of Poway, California on the 21st day of February, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED : ABSENT: DISQUALIFIED: ATTEST: PEPIN, FRANK, DE HOFF, LEONARD, VAUS NONE NONE NONE NONE Steve Vaus, Mayor