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HomeMy WebLinkAbout2009-042-05/05/2009-APPROVING AN EXEMPTION TO THE USE OF A COMPETITIVE PROCESS FOR A CONTRACT WITH INTERWEST CONSULTING RESOLUTION 2009-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXEMPTION TO THE USE OF A COMPETITIVE PROCESS FOR A'CONTRACT WITH INTERWEST CONSULTING GROUP TO DESIGN ROAD IMPROVEMENTS FOR THE NORTH COLLEGE AVENUE AND EAST WILLOX LANE IMPROVEMENTS PROJECT WHEREAS, the City is beginning a roadway improvement project (the "Project") at the intersection of North College Avenue and East Willox Lane (the "Intersection"); and WHEREAS, the developer of a large commercial project on the northeast comer of the Intersection (the "Marketplace") has begun the City development process; and WHEREAS, the Marketplace developer has retained Interwest Consulting Group ("Interwest") to provide engineering design of the Project up to 50% completion; and WHEREAS, the City has agreed to finalize the design of the Project at City expense; and WHEREAS, the additional design work will include revisiting several grading issues, modifying the concrete intersection details and modifying the general layout of the existing plans to include improvements on the west side of North College Avenue requested and funded by the Fort Collins Urban Renewal Authority; and WHEREAS, selecting a new engineering consultant to finalize the design of the Project would result in substantial additional costs to the City; and WHEREAS, having only one engineering consultant would also eliminate any confusion about which consultant is liable for any design flaws that may occur in the field during construction of the Project; and WHEREAS, Interwest has designed both of the modern roundabouts that the City has constructed elsewhere in the City and has the experience necessary for the East Willox Lane roundabout design; and WHEREAS, Interwest's rates are competitive with other consulting engineering firms; and WHEREAS, City staff believes that using Interwest for the final design of the Project is appropriate given the complexity of the Project and the work already completed by Interwest on the Project; and WHEREAS, funds have been budgeted and approved in the Capital Projects Fund for the Project; and WHEREAS, Article IV, Section 8-161(d)(1)b. of the City Code authorizes the Purchasing Agent to contract for material or services where, although there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, Article IV, Section 8-161(d)(1)c. of the City Code authorizes the Purchasing Agent to contract for material without competition if, a particular material or service is required to maintain interchangeability or compatibility as a part of an existing integrated system; and WHEREAS, the Purchasing Agent has determined that although there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public; and WHEREAS, the Purchasing Agent has submitted the requisite justification for this determination to the City Manager for approval; and WHEREAS, the City Manager has reviewed and approved the justification for this procurement; and WHEREAS, Section 8-161(d)(3) of the City Code requires the City Manager submit all procurements over Two Hundred Thousand Dollars ($200,000) to the City Council in an open meeting for final approval. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Purchasing Agent is hereby authorized to contract with Interwest Consulting Group for the design and construction overview of the the North College Avenue and East Willox Lane Improvements Project in an amount not to exceed $323,960. Passed and adopted at a regular meeting of the Co cil •f the City wFortns this 5th day of May A.D. 2009. Mayor ATTEST: i City Clerk