Res 10-013 RESOLUTION NO. 10-013
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, APPROVING WAIVER OF THE
FORMAL BID PROCESS FOR EMERGENCY REPAIR/REPIACEMENT OF A FAILED
CORRUGATED METAL PIPE WITHIN A DEDICATED DRAINAGE EASEMENT
LOCATED ON THE SOUTH PROPERTY LINE OF 15320,15316,15312,15308 SAN
MORITZ AND 12751 CORTE RAYITO
WHEREAS, the City experienced significant rain storms during the week of
January 18 and the weekend of February 6, 2010 and more minor rain events since
then further saturating the soil; and
WHEREAS, as a result of the rain storms, a corrugated metal pipe (CMP)
failure occurred within a dedicated drainage easement located on the south property
line of 15320,15316,15312,15308 San Moritz and 12751 Corte Rayito causing a
sinkhole at 15320 San Moritz; and
WHEREAS, an inspection of the pipe was conducted on February 8, 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 has solicited 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
formai 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/replacement of the failed corrugated metal pipe within a dedicated drainage
easement located on the south property line of 15320,15316,15312,15308 San Moritz
Resolution No. 10-013
Page 2
and 12751 Corte Rayito in order to safeguard property and ensure that public health
and safety is not compromised.
Section 2: The 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 2nd day of March, 2010.
�d'V�� • .
Don Higginson, Mayor
ATTEST:
d . Troyan, City Clerk
Resolution No. 10-013
Page 3
BTATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 10-013 was duly adopted by the City
Council at a meeting of said City Council heid on the 2nd day of March, 2010, and that it
was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
6�� ` __
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da . Troyan, MMC, City Clerk
Ci of Poway