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9/12/2005 WHEREAS, on or about September 12, 2005, a proposed contract with Power Engineering Construction providing for the required emergency work to be performed was presented to and reviewed by the Council; and WHEREAS, Section 68 of the Charter of the City of Redwood City specifically provides that in the case of a great public calamity, the City Council, by resolution passed by a vote of five- sevenths of all of its members, may determine and declare that the public interest or necessity demands the immediate expenditure of public money and may proceed without soliciting or advertising for bids or receiving same, and may expend or enter into contracts involving the expenditure of any sum required in such emergency; and WHEREAS, Section 68 of the Charter of the City of Redwood City is not otherwise inconsistent with Sections 20168 and 22050 of the California Public Contracts Code which provide that in cases of emergencies, public agencies may expend public funds without compliance with the public bid process; and WHEREAS, this Council desires to approve and forthwith take immediate action as may be required to safeguard the life, health, property and essential public services as hereinabove described. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD CITY AS FOLLOWS: 1. Finding: This Council hereby finds and determines that the aforesaid recitals are true statements of fact and are supported by that certain City Council staff report dated September 12, 2005, and are incorporated herein by reference. 2. Declaration This Council hereby declares that based upon the aforesaid finding that an emergency exists which poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss of impairment of life, health, property or essential public services, and that the public interest or necessity demands the immediate expenditure of public money pursuant to the provisions of Section 68 of the Charter of the City of Redwood City. 3. Approval This Council hereby approves that certain preliminary written estimate dated August 18, 2005, from Power Engineering Contractors. 4. Acceptance /Authorization The preliminary written estimate, obtained without advertising or bid, submitted by Power Engineering Contractors dated August 18, 2005, in the not -to- exceed amount of Seven Hundred Twenty Thousand Dollars ($720,000) for the repair, replacement, construction or other related work for the Fifth Avenue Pump Station is hereby accepted; the City Manager or his designee is hereby authorized and directed to proceed forthwith to execute a written contract for said work to be performed. 5. Reports The Director of Community Development Services is hereby directed to report to this Council at each of its regularly scheduled meetings regarding the status of this emergency and the w ork to be performed hereby until such time as the action is terminated. Atty /Reso.1562 14666 082905 2 Muff # 802