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

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WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to create the design -build delivery model for this project so it may occur in 2015; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor (Director of Public Safety), the Director of Public Works, the Di- rector of Law, the Director of Finance, and /or the Purchasing Manager may establish procedures for and engage in the process of letting of one or more contracts with one or more qualified enti- ties for the design and construction of corrections to the sewer system under the western Lake- wood clean water pilot project (which project is further described in Resolution 8794 -15) under the design -build project delivery system without the necessity of competitive bidding. Section 2. Council shall approve the final award of contract(s) related to this project and the final form of the contract(s). Section 3. As a home -rule charter City, the City shall not be obligated to follow Ohio statutory procedures regarding contracting for this project including, but not limited to, R.C. §§ 7.12, 9.31, 9.311, 9.312, 9.313, 9.315, 9.32, 9.33 through 9.335, 153.12 -.14, 153.50 -.52, 153.54, 153.56, 153.57, 153.571, 153.63, 153.67 -.71, 153.80, 735.05 -.09, 735.074, and other applicable sections within the Revised Code and its Chapter 153. Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 5. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five members of Coun- cil this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest peri- od allowed by law.