8740-14 Authorizing agreement with Shelly Co. for asphalt

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REFERRED TO THE PUBLIC WORKS COMMITTEE 4/21/14. RESOLUTION NO. 8740 -14 BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Director of Public Works to enter into an agreement with the Shelly Company without the necessity of bidding in accordance with Lakewood Codified Ordinance §111.04(a)(10). WHEREAS, the City of Lakewood bid the 2014 asphalt contract and received only one bid resulting in the award of the contract to Kokosing Materials, Inc.; and WHEREAS, Kokosing Materials, Inc. has a plant located in downtown Cleveland which has not yet opened which would require employees to travel to Garfield Heights to obtain asphalt; and WHEREAS, this additional travel causes inconvenience and additional expense to the City of Lakewood; and WHEREAS, the Shelly Company has quoted the City prices which are less than the contract price with Kokosing Materials, Inc.; and WHEREAS, the Shelly Company has two plants, the first located on W. 3`d Street in Cleveland and the second located at W. 150°i Street and Brookpark Road in Cleveland, making both locations convenient in the event that one plant is not operating; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure, and that this resolution 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 award of this agreement should occur immediately to allow the City to obtain asphalt for street repairs in the most convenient, immediate and cost effective manner; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby determines that it is impractical to award the 2014 asphalt contract under competitive bidding procedures, and that it is more cost - effective and in the best interests of the City to award the contract without competitive bidding, and thus authorizes Director of Public Works to award a contract to the Shelly Company for the purchase of asphalt for the 2014 season.