Resolution 7142 - Laserfiche WebLink

G. Because of the imminent threat and the need for immediate action to complete the project in summer 2017, an emergency exists. Time is of the essence in proceeding with construction once the permits, plans and specifications are ready. NOW,THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT THAT: A. Declaration of Emergency. As indicated by geotechnical analysis of the culvert and roadway embankment as described above, the roadway may fail during the next stream overtopping, which is an unforeseen circumstance beyond the control of the City that is an immediate threat to the proper performance of essential City functions. Because failure of the roadway would likely cause material loss or damage to property, risk to public health and the environment, immediate action is necessary to replace the existing undersized culvert. In accordance with RCW 39.04.280 and the City's Purchasing Guidelines, the City Council therefore declares and finds that an emergency exists. B. Waiver of Competitive Requirements/Authorization to Award. 1. General Waiver and Authorization. In accordance with RCW 39.04.280 and the City's Purchasing Guidelines, the City Council waives competitive requirements for the replacement of the Wood's Lake Creek culvert and work associated with the replacement. The Mayor or his designee is authorized to execute and award, on behalf of the City, all contracts and other instruments necessary for the replacement of the culvert and the work associated with the replacement, including, but not limited to, permit applications, contracts and purchase orders for acquisition of materials, contracts for engineering services, contracts for professional services, and contracts for construction and change orders thereto. 2. Limited Emergency Competitive Process for Award of Construction Contract. The City's Purchasing Guidelines state that during an emergency,the City will still "make efforts to include a level of competition that is practical under the circumstances." In light of this requirement, the imminent threat,the need for immediate action,the size of the project, the contractor experience necessary to bid accurately and quickly, and the contractor experience necessary to complete the project swiftly, the Public Works Department recommends, and the City Council approves, the following limited emergency competitive process for project: a. Once the plans and specifications are ready, the City will request that FORMA Construction (the "General Contractor") solicit at least three bids from experienced subcontractors who have recent track records of success with similar projects. b. The General Contractor is also the City's job order contractor under Chapter 39.10 RCW. This project will not be a job order contract project because its cost exceeds the statutory limit under RCW 39.10.450. Accordingly,the Mayor is authorized to execute a separate construction contract with the General Contractor for the construction of the project. It is anticipated that this contract will incorporate much of the City's current job order contract with the General