9010-18 Amend Contract with Kokosing for WWTP Digesters

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Referred to Public Works Committee June 18, 2018. Please substitute for the original. RESOLUTION NO. go lo-18 BY: Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the amendment to the design -build agreement for the wastewater treatment plant digesters between the City of Lakewood and Kokosing bndustrial in order to set a fixed price for the project. WHEREAS, the agreement between the City of Lakewood and Kokosing Industrial for the wastewater treatment plant digesters, authorized by Resolution Nos. 8937 -17 and 8799 -15, allows for the city to accept alternate pricing; and WHEREAS, it is in the best interest financially of the city to accept a fixed price for the entirety of the project; and WHEREAS, now that the design is 60 percent complete, Kokosing Industrial is able to provide the fixed price alternative for this project; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, 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 amendment to the agreement is necessary to complete the project; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Director of Public Works is hereby authorized to amend the design -build agreement between the City of Lakewood and Kokosing Industrial in order to set a fixed price as described in Exhibit A, Amended Addendum A- GMPIFixed Price to the agreement. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements. Section 3. This ordinance 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 ordinance, and provided it receives the affirmative vote of at least two thirds of its members of Council this ordinance shall take effect and be in force immediately, or otherwise shall take effect and be in force after the earliest period allowed by law.