Res 10-009 RESOLUTION NO. 10-009
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, APPROVING WAIVER OF THE
FORMAL BID PROCESS FOR EMERGENCY REPAIR/REPLACEMENT OF A FAILED
CORRUGATED METAL PIPE WITHIN A DEDICATED DRAINAGE EASEMENT
LOCATED ON THE WEST PROPERTY LINE OF 13902 CALVARY ROAD
WHEREAS, the City experienced significant rain storms during the week of
January 18, 2010; and
WHEREAS, on or about January 19, 2010, a corrugated metal pipe (CMP)
failure occurred within a dedicated drainage easement located on the west property
line of 13902 Calvary Road; and
WHEREAS, an inspection of the pipe was conducted on January 21, 2010,
and it was determined that the condition of the pipe poses a risk of additional failures
and flooding; and
WHEREAS, the damaged CMP segment is part of the City's drainage
conveyance system and delays to the repair may increase the risk of flooding and
property damage during a rain event, necessitating an emergency repair; and
WHEREAS, the immediate need to repair the damaged pipe will not permit a
delay resulting from the public bid and contract process; and
WHEREAS, staff will solicit quotes from qualified contractors to perform the
emergency work; and
WHEREAS, Public Contract Code section 20168 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 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,
heaith, 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/replacement of the failed corrugated metal pipe within a dedicated drainage
easement located on the west property line of 13902 Calvary Road in order to
safeguard property and ensure that public health and safety is not compromised.
Resolution No. 10-009
Page 2
Section 2: The Interim City Manager is authorized to order work for the
emergency repair and replacement.
Section 3: 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 at a regular meeting this 16 day of February, 2010.
_„
Don Higginson, Mayor
ATTEST: �
L da . Troyan, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penaity
of perjury that the foregoing Resolu4ion No. 10-009 was duly adopted by the City
Council at a meeting of said City Council held on the 16th day of February, 2010, and
that it was so adopted by the following vote:
AYESt BOYACK, CUNNINGNAM, KRUSE, HIGGINSON
NOES: NItNE
ABSENT: REXFORD
DISQUALIFIED: NONE
in A. Troyan,.MMC, City Clerk
ity of Poway