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Res 08-027 RESOLUTION NO 08-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING WAIVER OF THE FORMAL BID PROCESS FOR EMERGENCY SEWER PIPE REPAIR AND REPLACEMENT AT POMERADO AND POWAY ROADS WHEREAS, on March 22, 2008, a 16,000 gallon sewer spill occurred at Pomerado Road and Robison, which resulted from a sewer system main blockage at Pomerado and Poway Roads, and WHEREAS, a video inspection of the pipe was conducted on March 25, 2008, which determined that the condition of the pipe is critical, and an emergency repair and replacement to upsize the pipe is necessary; and WHEREAS, the pipe handles millions of gallons of sewage flow every day, and the condition of the pipe poses a risk of additional failures and spills, and WHEREAS, on April 22, 2008 staff identified groundwater contamination as a hindrance to this emergency sewer pipe repair; and WHEREAS, staff will solicit quotes from qualified contractors to perform the emergency work; and WHEREAS, Pubiic Contract Code section 20168 and Poway Municipal Code section 3.28.040 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 section 20168 provides that the City Council may pass by a four-fifths vote, 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. Waive the City's formal bid process for the emergency repair and replacement of the sewer pipe at Pomerado and Poway Roads in order to safeguard life, health, or property Section 2: The City Manager is authorized to order work for the emergency repair and replacement. Section 3, This Resoiution shall require a four-fifths vote of the City Council. Resolution No 08-027 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 6th day of May, 2008 ATTEST ~ ~L )!C--:J&'1I~ Salam Hasenin, City Clerk STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 08-027 was duly adopted by the City Councii at a meeting of said City Council held on the 6th day of May, 2008, and that it was so adopted by the following vote: AYES BOYACK, EMERY, HIGGISNON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE ~Jl~~/~ Salam Hasenin, City Clerk City of Poway