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 That the Recitals above are true and correct and adopted by the City Council; and <br /> <br /> That said City Council finds by four fifths vote that an emergency under Public Contract Code <br />Section 22050 continues to exist, based on substantial evidence set forth here and in the minutes <br />of its meeting, as well as the substantial evidence set forth in the July 17 initial declaration and <br />the associated minutes of that meeting, and that the emergency will not permit a delay resulting <br />from a competitive solicitation for bids, and that this action is necessary to respond to the <br />emergency; and <br /> <br /> That the City Manager or her designee is authorized to negotiate and award an emergency <br />construction contract, to a yet to be determined responsible contractor; and <br /> <br /> That the City Manager or her designee is authorized to negotiate and approve individual <br />change orders up to a maximum of 5% of the awarded contract amount; and <br /> <br /> That the City Manager or her designee is authorized to negotiate and approve cumulative <br />change orders up to a maximum of 10% of the awarded contract amount; and <br /> <br /> That the City Manager or her designee is authorized to take all actions necessary to effect the <br />intent of this Resolution, including the repair or replacement of land or facilities as described <br />here and in the attached staff report, and to take any directly related and immediate action <br />required by this emergency, and to procure the necessary equipment, services, and supplies <br />for those purposes, without giving notice for bids to let contracts. <br /> <br /> Introduced by Councilmember _____ and passed and adopted this 5th day of September 2023, by the <br />following vote: <br /> <br />AYES: (0) <br /> <br />NOES: (0) <br /> <br />ABSENT: (0) <br /> <br /> <br />ATTEST: _________________________________ <br /> Kelly B. Clancy, CMC <br /> City Clerk