Resolution 6546 - Laserfiche WebLink

unacceptable risk of another break in the discharge line. It is also the professional engineering opinion of the Public Works Department that the condition of the discharge line revealed in the July and August 2012 investigation is worse than that it appeared in April 2012,which means that taking the time for another limited competitive process such as the process used in May 2012 represents an unacceptable risk. L. The Public Works Department estimates that the cost of replacing the remaining 3000 feet of discharge line by negotiated change order will be about$2.0 million, including sales tax. The Public Works Department believes this amount is probably less than or approximately equal to the amount that the City would pay if the remaining 3000 feet were competitively bid. This is in part because the$2.0 million for the remaining 3000 feet is based on using some of the same prices that Shoreline Construction used in its original bid for the initial approximately 1600 feet. Consequently,the City should continue to gain advantage from Shoreline Construction's original low bid, which was much lower that its competitors. M. Based on RCW 39.04.280 and the City's Purchasing Guidelines,the City has the authority to adopt this emergency resolution. This emergency resolution is necessary to expedite the replacement of the severely deteriorated discharge line and to prevent likely future breaks. NOW,THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT THAT: 1. Declaration of Emergency. As indicated by the pipe thickness readings of the discharge line as described above, the discharge line may break again at any time,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 another break would likely cause material loss or damage to property, risk to public health and the environment, immediate action is necessary to replace the entire discharge line. In accordance with RCW 39.04.280 and the City's Purchasing Guidelines,the City Council therefore declares and finds that an emergency exists. 2. Waiver of Competitive Requirements/Authorization to Execute Contracts and Change Orders. In accordance with RCW 39.04.280 and the City's Purchasing Guidelines,the City Council waives competitive requirements for the replacement of the entire discharge line 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 to complete the replacement of the discharge line 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. This authority expressly includes the authority to execute all change orders necessary to direct Shoreline Construction to complete the replacement of the discharge line, up to a maximum total change order amount of$2.5 million, including sales tax. This authority also expressly includes authority to adjust contract time as necessary for complete replacement. The City Council also ratifies the Mayor's execution of the change order with Shoreline Construction for the replacement first 2000 feet of the discharge line.