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Substitute for Resolution 8937 -17 <br />Referred to the Public Works Committee <br />6/5/17. <br />RESOLUTION NO. 8937 -17 BY: Anderson, Litten, Marx, Nowlin, <br />O'Leary, O'Malley. <br />A RESOLUTION to take effect immediately provided it receives the vote of at least five <br />members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing <br />the Director of Public Works to enter into a design -build form of agreement for the design and <br />construction of upgrades to the wastewater treatment plant with Kokosing Industrial in an <br />amount not to exceed $1,300,000. <br />WHEREAS, Lakewood identified Kokosing Industrial through a request for qualification <br />process as the most qualified of the two qualifications received; and <br />WHEREAS, this Council by a vote of at least five of its members determines that this <br />resolution is an emergency measure and that it shall take effect at the earliest date possible as set <br />forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood <br />and that it is necessary for the immediate preservation of the public property, health, and safety <br />and to provide for the usual daily operation of municipal departments in that the City wishes to <br />create the design -build delivery model for this project so it may occur in 2015; now, therefore, <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. The Director of Public Works to enter into a design -build form of agreement <br />for the design and construction of upgrades to the wastewater treatment plant with Kokosing In- <br />dustrial in an amount not to exceed $1,300,000. <br />Section 2. Council hereby specifically approves the contract between the city of Lake- <br />wood and Kokosing Industrial in substantially the same form as is attached as Exhibit A. <br />Section 3. It is found and determined that all formal actions of this Council concerning <br />and relating to the passage of this resolution were adopted in an open meeting of this council, <br />and that all such deliberations of this Council and any of its committees that resulted in such <br />formal action, were in meetings open to the public, in compliance with all legal requirements. <br />Section 4. This resolution is hereby declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, property, health, safety and welfare in the City <br />and for the usual daily operation of the City for the reasons set forth and defined in the preamble <br />to this resolution, and provided it receives the affirmative vote of at least five members of Coun- <br />cil this resolution shall take effect and be in force immediately upon its adoption by the Council <br />and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest peri- <br />od allowed by law. <br />