95-94 Ordinance Amended
.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___~!i__~~___(!'JDe~ded) Passed_u_______ ________ _19__ ___n
AN ORDINANCE WAIVING COMPE~I~IVE BIDDING
AS ~O ~BE CI~Y' S STREAM CLEANING PROJEC~
AND DECLARING AN EMERGENCY
WHEREAS, maintaining the integrity of water courses, creeks, brooks,
branches, culverts and drains is central to maintaining the proper flow of
stormwater on both public and private property within the city of Dublin;
and
WHEREAS, previously Dublin city Council directed the Dublin Engineering
staff to survey all streams within the City of Dublin and to identify any
such obstructions; and
WHEREAS, pursuant to this survey, 72 critical stream obstructions were
identified and documented by the Engineering Division; and
WHEREAS, previously, via Ordinance 22-94, Council authorized funding for
a stream cleaning project to remove critical stream obstructions; and
WHEREAS, the Engineering Department prepared bid specifications, and
contract documents, and on September 2, 1994 held a pre-bid meeting to
explain the nature and extent of the stream cleaning project to
prospective bidders; and
WHEREAS, the Engineer's estimate for the cost of this stream cleaning
project to be $80,600; and
WHEREAS, the City received only one bid for this project, in the amount of
$192,657 which exceeds by more than 10%, the above-referenced engineering
estimate; and
WHEREAS, subsequently, contractors who elected not to bid on the project
have advised the City Engineering staff that the inherently undefined
nature and scope of such a project renders it nearly impossible to bid on
with any degree of accuracy; and
WHEREAS, completion of this project this Fall during periods of low flow
and dry ground conditions is critical; and
WHEREAS, completion of this project prior to the spring rains is necessary
to avoid a potential emergency situation involving extensive property
damage and/or personal injury; and
WHEREAS, the City Charter, state statutes, case law and common law enable
Council by a two-thirds vote to waive formal bidding and advertising
requirements in the case of a present or potential emergency such as the
threat of flooding or storm water damage caused by 72 critical stream
obstructions.
NOW, THEREFORE, be it ordained by the Council of the City of Dublin, State
of Ohio, ~ members concurring:
Section 1. That Council hereby obviates formal bidding and advertising of
the Dublin stream cleaning project due to the need to proceed with the
project this Fall and due to the impossibility of obtaining valid and
meaningful bids and due to the fact that the 72 critical obstructions
identified within the City constitute a real and present emergency for the
reasons contained within the "whereas clauses" set forth above. Further,
Council hereby authorizes the City Manager to enter into a contract or
contracts for stream cleaning to cause this work to be completed as
quickly as possible for a sum not to exceed $80,600.
Section 2. This Ordinance is declared to be an emergency, necessary for
the preservation of the public peace, health, welfare and safety of the
City and for the reasons contained within the "whereas clauses" set forth
above; therefore this Ordinance shall be in full force and effect
immediately upon passage.
Passed this 7.:t....i::L day of 1/7 ~~~ , 1994.
MaY~~~fficer
ATTEST:
~~~
Clerk of Council
..
MEMORANDUM . ~
TO: Tim Hansley
FROM: Terry Foegler
DATE: November 7, 1994
SUBJECT: Stream Cleaning Work
I::
Tim, it is my understanding that you, Balbir Kindra, Chuck Petty and Dan Mechlenberg (of
ODNR) conducted a review of a number of the stream "log jams" that have been proposed to
be removed and cleaned pursuant to the comprehensive stream survey conducted by the City.
It is also my understanding that you and Balbir found Mr. Mechlenberg's input to be extremely
constructive and very helpful. After observing a significant number of these obstructions,
apparently the group concurred that no significant private properties were being threatened by
many of these obstructions, and that, in fact, these naturally occurring jams were likely
providing various levels of stormwater detention for the drainage basin. Mr. Mechlenberg raised
the concern, in fact, that the City may be significantly raising its liability by removing these
obstructions and therefore increasing the speed with which some of this water reaches
downstream properties.
It is our belief that Mr. Mechlenberg has raised some extremely important points which should
be evaluated as part of the master storm water drainage plan, soon to be undertaken by the City.
As such, our list of interim "emergency cleanings" will be reduced significantly to include only
those obstructions posing danger to an existing public bridge structure. Any cleanings beyond
these few would be evaluated as part of the larger policy being established in the Master
Stormwater Management Plan.
n is my understanding that we expect these few repairs will still exceed $10,000 and will
therefore have some of the major limitations affecting their bidability which led to the Ordinance
#95-94 recommended by the Administration and legal staff.
Therefore, although the short-term program will be significantly reduced in scope (especially as
it relates to those stream cleanings which are not directly related to the protection of public
bridge structures), we are still requesting that Council take action on the proposed emergency
legislation. This action is needed to waive competitive bidding since we do not believe there
is a reasonable manner in which to provide concise specifications to solicit meaningful bid
proposals.