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46-07 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank, Inc Form No 30045 1 1 LI 46-07 (Amended) Resolutcon No. Passed , 20. A RESOLUTION WAIVING COMPETITIVE BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE CONSTRUCTION OF THE "GROUNDS OF REMEMBRANCE" IN DUBLIN VETERANS PARK. WHEREAS, the City of Dublin has a competitive process when entering into contracts for construction related work; and WHEREAS, the City of Dublin has commissioned a public work of art in recognition of Veterans and their families; and WHEREAS, the City of Dublin, in partnership with Dublin City Schools, has provided the land and City Council has previously approved $250,000 for the Veterans Project; an additional $250,000 is being raised from private donations; and WHEREAS, the design proposal submitted by Lisa Rapoport of PLANT Architect was selected by the Dublin Veterans Project Committee and previously approved by City Council; and WHEREAS, Lisa Rapoport of PLANT Architect is charged with the design and construction administration of the Veterans Project; and WHEREAS, Lisa Rapoport of PLANT Architect has assisted the City of Dublin in finding qualified local contractors for the Veterans Project; and WHEREAS, the City of Dublin has determined that it is in the best interests of the City and the project that the City enter into an agreement with a general contractor whose responsibilities shall include, but not be limited to, the scheduling, installation and oversight of the installation of the railing, loggia and other specialty items. Further, the City shall be, as the owner, authorized to purchase the necessary specialty items, provide them to the contractor, and bill the contractor for those costs incurred by the City; and WHEREAS, the City of Dublin must secure the services of the contractors in a timely manner so that the project may be completed for the official dedication on Veterans Day, Sunday, November 11, 2007; and WHEREAS, Section 8.04(C) of the Revised Charter authorizes Council to waive competitive bidding if it determines that such waiver is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~_ members concurring, that: Section 1. Pursuant to Section 8.04(C) of the Revised Charter, Council hereby waives the competitive bidding provision set forth in Chapter 37 of the Codified Ordinances for the construction of the "Grounds of Remembrance" in Dublin Veterans Park. Section 2. The City Manager is hereby authorized to enter into contracts for construction of the "Grounds of Remembrance" in Dublin Veterans Park. Section 3. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. P ed this~day of , 2007. Mayor -Presiding Officer ATTEST: Clerk of Council NIE~IIORANDUlYl TO: Jane Brautigam, City Manager Dublin City Council FROM: Stephen J. Smith, Law Director Stephen J. Smith, Jr. DATE: June 27, 2007 RE: Resolution 46-07 -Waiving Competitive Bidding-Veterans Project Contract Summary: As you are aware, the City selected PLANT Architect Inc. as the designer for the Veterans Project. Initially, it was anticipated that the City would enter into a standard form contract with the designer. However, due to the nature of the project and logistical issues, the City has chosen to structure the contract differently by including the general contractor as a party to the contract. This project is unique in that it incorporates a distinctive design and build component. In addition, it is complicated by the fact that the designer chosen for the project is located in Toronto, Ontario and is not currently licensed in Ohio. Finally, some of the materials and fabrication involve specialized tooling and materials. The Law Director's Office believes that by contracting directly with the contractors, the City will be better protected from liability on this project. Finally, it will be to the City's benefit to have local contractors available to address any issues that may arise in the future. As part of their contractual obligations, the designer is charged with helping select contractors and administering the construction work. They have assisted the City in finding qualified local contractors to fabricate and construct the project. The City believes that using the contractors selected by the designer will be more efficient and is necessary to have the project completed by the official dedication on Veterans Day -Sunday, November 11, 2007. Thus, it is necessary to waive competitive bidding on this project. If you have any further questions or comments, please do not hesitate to contact this office. Recommendation: Staff recommends approval of Resolution 46-07 waiving competitive bidding and authorizing the City Manager to enter into contracts for the completion of the Veterans Project.