RESOLUTION NO. 793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE finding a special facility or market condition exists with respect to the repair of the fire damage to Kobayashi Park, and approving a contract with Modern Builders 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, in June of 2014, after competitive bidding, the City awarded a contract to Modern Builders to remodel the former residence at Kobayashi Park into a park shelter, and by August of 2014, the work was complete; and
WHEREAS, unfortunately, just one year later in August of this year, a fire believed to be arson caused significant damage to the restroom and other portion of the structure, for which the repair is covered by the City's WCIA insurance, but it does constitute a public work; and
WHEREAS, the current shelter is a complex melding of the structure of the old residence with new additions that is atypical of a standard park shelter facility, and because Modern Builders was the successful bidder for the conversion which was completed last year, they are familiar with the nuances of the Kobayashi structure, and are best situated to repair it correctly; and
WHEREAS, the Public Works Department therefore recommends that the Kobayashi structure be determined to be a special facility or market condition for purposes of letting a repair contract to Modern Builders; and
WHEREAS, the foregoing facts and circumstances clearly support a Council determination to utilize the "special facilities or market conditions" exemption for the repair of the fire damage to Kobayashi Park;
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 repair of the fire damage to Kobayashi Park.
3. Approval of Contract with Abbott Construction. The contract with Modern Builders is hereby approved substantially in the form attached hereto.
4. Effective Date. This Resolution shall be effective immediately upon adoption by the City Council.
ADOPTED BY THE CITY COUNCIL ON OCTOBER 5, 2015.
Denise McCluskey, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney