RESOLUTION NO. 773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE FINDING A SPECIAL FACILITY OR MARKET CONDITION EXISTS WITH RESPECT TO CERTAIN STREET AND SIDEWALK WORK IMMEDIATELY ADJACENT TO THE NEW UNIVERSITY PLACE WHOLE FOODS, AND APPROVING A CONTRACT WITH ABBOTT CONSTRUCTION FOR THAT WORK
WHEREAS, State law authorizes local elected officials to make a legislative determination to waive competitive bidding through a finding that a special facility or market condition exists for certain work, based on local knowledge and local circumstances; and
WHEREAS, the "special facilities or market conditions" exemption has been utilized by local jurisdictions across the State for more than fifteen (15) years and has never been the subject of a reported Washington State Court case or Attorney General Opinion; and
WHEREAS, the circumstances that may constitute "special facilities or market conditions" are not defined by State law, but rather are left to the legislative judgment of each local Council; and
WHEREAS, the construction of roads, curb, gutter and sidewalk immediately adjacent to the Whole Foods Market development in University Place Town Center involves an unusually high need for relational coordination in design and engineering because of retaining walls, complex slopes, a heated road surface, and other features of the transition and interface between the public and private work; and
WHEREAS, the construction of roads, curb, gutter and sidewalk immediately adjacent to the Whole Foods Market development in University Place Town Center is time sensitive to ensure the opening date for the Market is met. Contracting for this limited work with the same contractor that is building Whole Foods will help assure that critical timelines are met; and
WHEREAS, construction of the transitions and interfaces, and roads, curb, gutter and sidewalk in those immediately adjacent areas by a single contractor is the best way to ensure that the work is completed correctly, successfully, and with the least risk of adverse consequences for the City; and
WHEREAS, the foregoing facts and circumstances clearly support a Council determination to utilize the "special facilities or market conditions" exemption for the construction of roads, curb, gutter and sidewalk immediately adjacent to the Whole Foods Market development in University Place Town Center, to contract with the same contractor that is constructing Whole Foods; and
WHEREAS, the potential use of the special facilities or market conditions exemptions was reviewed with the grant authorities at the State, for the grant funded portions of the work, and subject to City Council approval, they have concurred that work done under the exemption remains grant-eligible;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF UNIVERSITY PLACE, WASHINGTON, AS FOLLOWS:
1. Incorporation. The recitals are hereby incorporated herein as the legislative findings of this Council.
2. Determination of a Special Facility or Market Condition. Based on the facts and circumstances described herein, the City Council finds that a special facility or market condition as authorized in State law exists with respect to the work described in the proposed agreement with Abbott Construction attached hereto.
3. Approval of Contract with Abbott Construction. The contract with Abbott Construction attached hereto is hereby approved.
4. Effective Date. This Resolution shall be effective immediately upon adoption by the City Council.
ADOPTED BY THE CITY COUNCIL ON NOVEMBER 17, 2014.
Denise McCluskey, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney