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O-2008-2

AN ORDINANCE

AUTHORIZING THE RENOVATION OF THE CARMODY RECREATION CENTER AQUATICS FACILITY INCLUDING A SUPPLEMENTAL APPROPRIATION TO THE 2008 ANNUAL BUDGET [AND THE TRANSFER OF THE SUPPLEMENTAL FUNDS FROM THE GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND], FURTHER AUTHORIZING THE USE OF OR WAIVERS FROM VARIOUS SECTIONS OF THE PURCHASING ORDINANCE AS NEEDED FOR THIS PROJECT, AND DECLARING AN EMERGENCY

WHEREAS, Article XII, Section 8 of the City Charter allows City Council to make supplemental appropriations by ordinance during the fiscal year for unanticipated expenditures required for the operation of the City using monies not anticipated in the adopted budget that have become available to the City; and

WHEREAS, Budget Policy Resolution 2005-48 Section 2B allows the City Manager to request funding from General Fund reserves as warranted by special circumstances; and

WHEREAS, the swimming pools at the Carmody Recreation Center are not only a widely used asset for City residents but a draw for swimmers and aquatic programs throughout the Denver metropolitan area; and

WHEREAS, an urgent situation has arisen at the Carmody swimming pools that requires immediate attention; specifically, failure of the nearly 35-year old water supply lines has resulted in the indefinite closure of the pools and the need for substantial repairs; and

WHEREAS, the City anticipates that immediate action to repair the pools should result in the pools being fully operational and open to the public by October 2008, whereas any significant delay in commencing the repairs may cause the pools to be closed until sometime in 2009; and

WHEREAS, the City finds that use of a full competitive bidding process may also result in significant additional expense to the City because potential contractors for the project may be unavailable, except at a premium price, by the time the bidding process is completed; and

WHEREAS, the purchasing policies in the City of Lakewood Municipal Code Chapter 3.04.085 require the City Council's approval of Capital Improvement Projects with a cost of $500,000 or more; and

WHEREAS, the purchasing policies in the City of Lakewood Municipal Code Chapter 3.04.090 require the City Council's approval of any unbudgeted purchase, and any purchase with a change in funding source, that is over $50,000; and

WHEREAS, the purchasing policies in the City of Lakewood Municipal Code Chapter 3.04.180 Subsection A require monies for the project to be appropriated and approved by the City Council and for the Council to authorize the City Manager to enter into a contract establishing a Construction Management-General Contractor for the project; and

WHEREAS, the City finds that the urgency of the need for repairs and the risks and costs associated with delaying those repairs warrants a waiver of the competitive bidding process set forth in the City's purchasing policies in the Lakewood Municipal Code Chapter 3.04.030 Subsection A; and

WHEREAS, likewise, the urgency of the need for repairs and the risks and costs associated with delaying those repairs justifies the waiver of the provision in Lakewood Municipal Code Chapter 3.04.180 Subsection B requiring the City to seek a minimum of two requests for proposal for a contract to complete the repairs; and

WHEREAS, the City Council finds that the effect of any substantial delay in commencing repairs will have on pricing, contractor availability, and the timing of completion warrants the immediate passage of this Ordinance in order to protect the health, safety and welfare of the residents of the City.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. In accordance with Section 12.8 of the Lakewood Home Rule Charter, there is hereby appropriated from the General Fund reserves and placed in the Capital Improvement Fund an amount not to exceed $2,200,000 for the sole purpose of necessary repairs to the Carmody Pools. Any funds unspent at the end of the project are to be refunded and returned from the Capital Improvement Fund to the General Fund.

SECTION 2. In accordance with Lakewood Municipal Code Chapter 3.04.085, the City Council hereby approves the Capital Improvement Project for repairs to the Carmody swimming pools at a cost not to exceed $2,200,000.

SECTION 3. In accordance with Lakewood Municipal Code Chapter 3.04.090, the City Council hereby approves the unbudgeted purchase and/or purchase with a change in funding source, at a cost not to exceed $2,200,000, as needed for the repairs to the Carmody swimming pools.

SECTION 4. The City Council hereby approves the exempted purchase of goods and services, at a cost not to exceed $2,200,000, as needed for the repairs to the Carmody swimming pools.

SECTION 5. The City Council finds that the urgency of the need for repairs and the risks and costs associated with delaying those repairs warrants the waiver of the competitive bidding process set forth in Lakewood Municipal Code Chapter 3.04.030 Subsection A for the awarding of a contract for completion of the repairs to the Carmody swimming pools, expressly waives the provisions of that Section, and authorizes and directs the City Manager to enter into a Construction Management/General Contractor contract, in accordance with Lakewood Municipal Code Chapter 3.04.180, for the specific purpose of completing the necessary repairs to the Carmody swimming pools.

SECTION 6. The Ordinance is necessary for the immediate preservation of the public peace, health, or safety of the City of Lakewood in that the City Council finds that the urgency of the need for repairs and the risks and costs associated with delaying those repairs justifies the waiver of the provision in Lakewood Municipal Code Chapter 3.04.180 Subsection B regarding the need for the City to seek a minimum of two requests for proposal for a contract to complete the repairs, expressly waives that provision, and directs and authorizes the City Manager to enter into a Construction Management/General Contractor contract for the necessary repairs to the Carmody swimming pools.

SECTION 7. Emergency. This ordinance shall take effect upon the Mayor's signature.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 28th day of January, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 31st day of January, 2008; set for public hearing on the 11th day of February, 2008; read, finally passed and adopted by the City Council on the 11th day of February, 2008, and signed and approved by the Mayor on the 12th day of February, 2008.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Tim Cox, City Attorney

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