2016-49

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH HELMS AND SONS EXCAVATING FOR THE MAIN STREET AND STATE STREET ALLEY SEWER IMPROVEMENTS, PROJECT 15-1S AND APPROPRIATING THE NECESSARY FUNDS, HAVING FOUND A REAL AND PRESENT EMERGENCY EXISTS WITHIN THE DIVISION OF PUBLIC SERVICE PURSUANT TO ORC 735.051, AND DECLARING SAME AN EMERGENCY

WHEREAS, Ordinance No. 2015-57authorized the preparation of specifications and advertising for bids for the Main Street & State Street Alley Sewer Improvements, Project 15-1S for the City of Marion, Ohio and

 

WHEREAS,   Bid openings were held on June 16, 2016 and 3 companies responded.  Helms and Sons Excavating submitted the lowest and best bid of$674,299.75, during review the Engineer determined there was good cause existing for the apparent low bidder’s bid was being in excess of 10% over the Engineer’s estimate given the necessary work within easement areas and confined work conditions which he advised Council was not first recognized,

 

BE IT ORDAINED BY the Council of the City of Marion, Marion County, Ohio:

 

Section 1:  That the Service Director be directed to enter into contract with Helms and Sons Excavating for the total amount of $674,299.75, for the Main Street & State Street Alley Sewer Improvements Project 15-1S as the Council after due deliberation and based upon sufficient basis has determined there is a real and present emergency existing applying the authority contained within 735.051, in part given the harmful loss of funding from State sources which would not be recovered given the immediate need to begin construction.

 

Section 2:  That the cost of such contract shall be payable from Sanitary Sewer & Storm Sewer Improvement Fund and the Auditor is authorized and directed to appropriate the necessary funds.

 

Section 3:       That due to the likelihood that if the start of this project is delayed, the funding provided by OPWC will be revoked, and city forces are no longer able to clean, camera, or otherwise maintain this sewer, this ordinance is hereby declared to be a real and present emergency, as set forth in O.R.C. 735.051, necessary for the welfare of the City of Marion and the inhabitants thereof; and since this alley is in dire need of repair; and as such, shall take effect and be in force immediately upon its passage and approval by the mayor, provided that it receives the affirmative vote of two-thirds of all members elected to Council: otherwise it shall become effective from and after the earliest period allowed by law.

                                               

 

Approved:                                          ____________________________

                                                            Dr. Scot Gray

                                                            President of Council

 

 

_________________________

Mayor Scott Schertzer

 

 

Attest:

 

 

_________________________

Clerk of Council