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HomeMy WebLinkAbout2017-152 CCRMember Kris Lawrence-Anderson introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-152 RESOLUTION AUTHORIZING THE TERMINATION OF A CONTRACT AND THE SELECTION OF A NEW CONTRACTOR TO COMPLETE THE WORK WHEREAS, the City of Brooklyn Center ("City") entered into a contract with V & T Painting ("Contractor") to undertake Improvement Project No. 2016-13, Contract 16-I, Tower No. 3 Rehabilitation ("Contract") to repaint the City's Water Tower No. 3 ("Project"); and WHEREAS, the Project to rehabilitate Tower No. 3 ("Tower") was to be substantially complete on July 15, 2017, but as of the date of this Resolution the Project remains incomplete and, based on past performance, there is a significant risk the Contractor will not complete the Project before the weather turns too cold to complete the interior of the tank this year; and WHEREAS, the Tower has been out of service during the Project and was planned to be back in service this summer as it is a critical component in the City's water system and is needed to ensure the City can continue to provide water service over the winter; and WHEREAS, if the interior work is not completed in the very near future, the Tower will remain out of service until the spring and the City will not have sufficient backup to adequately respond to any further loss of capacity in the system; and WHEREAS, the Contractor's failure to complete and Project by the substantial completion date and to devote the necessary resources to complete the Project in a timely manner constitutes sufficient cause for the City to terminate the Contract; and WHEREAS, the Contractor is continuing work on the inside of the tank, but if that work is not properly completed very soon it will be necessary for the City to terminate the Contract and to hire another contractor to complete the work so the Tower can be returned to service; and WHEREAS, given the time of year and importance of restoring the Tower before winter, the City Council determines it is necessary and appropriate to authorize the City Manager to, if necessary, terminate the Contract and to hire another contractor to complete the work; and WHEREAS, the City Council further exercises its authority under its charter and Minnesota Statutes, section 12.37 to protect its residents by authorizing the expedited letting of a contract to a new contractor to complete the work necessary to get the Tower back into service before winter since the continued loss of service will leave the City without sufficient water capacity over the winter, which constitutes an imminent threat to the health and safety of the RESOLUTION NO. 2017-152 City's residents and others who rely on the City's water system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: The City Manager is hereby authorized to terminate the Contract if the City Manager determines the Contractor is not making sufficient progress to complete the Project in a timely fashion so that it becomes necessary to bring in another contractor to complete the work so the Tower can be placed back into service before winter. 2. Under the present emergency, and in order to protect the health and safety of those who rely on the City's water system, if the Contract is terminated the City Manager is authorized to, without soliciting sealed bids, select and enter into a contract with another contractor to complete the work necessary to place the Tower back into service before winter. September 25, 2017 Date Mayor ATTEST: P 24€ Km^^ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence—Anderson, Dan Ryan and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.