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Resolution 14388CITY OF ALAMEDA RESOLUTION NO. 14388 AUTHORIZING OPEN MARKET NEGOTIATIONS OF A CONTRACT PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR THE ALAMEDA HARBOR BAY CHANNEL DREDGING PROJECT, NO. P.W. 06 -09- 14, AND AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO SUCH AN AGREEMENT (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, on July 21, 2099, the City Council authorized a call for bids for the Alameda Harbor Bay Channel Dredging Project, No. P.W. 06- 09 -14; and WHEREAS, on September 25, 2009, the bid was opened and exceeded the engineer's estimate of $300,000, and the available Water Emergency Transportation Authority (WETA) funding; and WHEREAS, dredging of the Harbor Bay channel is needed to remove operating restrictions for WETA owned vessels in the channel; and WHEREAS, the unrestricted operation of WETA vessels is needed maintain reliable Alameda Harbor Bay Ferry service during the five months the Bay Breeze will be off line for main engine upgrades; and, WHEREAS, an open market negotiation is needed to meet the project deadline; and WHEREAS, Section 3 -15 of the City Charter provides that the City Council, by four affirmative votes, can authorize an open market negotiation if it determines that great necessity or emergency requires immediate action be taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, pursuant to Section 3 -15 of the City Charter, and by four affirmative votes, the Interim City Manager, in cooperation with the Public Works Department, is hereby authorized to enter into open negotiations of a construction contract for the Alameda Harbor Bay channel dredging project, No. P.W. 06- 09 -14, and hereby authorized to enter into such an agreement. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 6th day of October, 2009, by the followin g vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of October, 2009. Lara Weisiger, C Clerk City of Alameda