8800-15 Authorize design-build contracting for sewer system corrections

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REFERRED TO THE PUBLIC WORKS COMMITTEE 3/16/15. RESOLUTION NO. 8800 -15 BY: Anderson, Bullock, Juris, Madigan, Mars, Nowlin, O'Leary. A RESOLUTION to take effect immediately provided it receives the vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and /or the Purchasing Manager to establish procedures for and engage in the process of letting of one or more contracts with one or more qualified entities for design and construction of corrections to the sewer system under the western Lakewood clean water pilot project without the necessity of competitive bidding; and exempting the City from certain provi- sions within the Ohio Revised Code related to design -build contracting for the purposes of this project. WHEREAS, Lakewood has traditionally contracted for public works improvements using the design - bid -build project delivery system, with construction contracts let under the City's competitive- bidding regulations; and WHEREAS, Ohio law changed substantially in 2011 and 2012, and many new project delivery systems, such as design - build, are now available to cities; and WHERAS, newer project delivery models may result in efficiencies in the contracting process and substantial cost savings, but cannot be used by following traditional competitive - bidding regulations; and WHEREAS, Section 111.04 of the Codified Ordinances permits exceptions to competi- tive bidding under certain circumstances, including for contracts involving professional or tech- nical services; contracts with construction managers; contracts which may be awarded without competitive bidding under state statutes; and contracts where Council determines that it is either impractical to award the contract under competitive bidding procedures, or cost - effective and in the best interests of the City to award the contract without competitive bidding; and WHEREAS, it is in the City's best financial interest to employ the design -build project delivery system for corrections to the sewer system under the western Lakewood clean water pi- lot project (which project is further described in Resolution 8794 -15), and to exempt the City from state design -build statutes and rules using its home -rule authority; and WHEREAS, all contracts not specifically excepted by ordinance must be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and