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An Ordinance Awarding a Contract and Declaring and Emergency

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Interested persons will take note that the Village Council of Yellow Springs on Monday, November 21, 2011, gave an emergency reading to and passed ordinance, text to follow.

WHEREAS, the Village Council of Yellow Springs unanimously approved Resolution 2011-31 on July 5, 2011 which authorized the Village Manager to apply for, accept and enter into an a Water Pollution Control Loan Fund (WPCLF) loan agreement for $50,000 for an Inflow & Infiltration (I&I) Study; and
WHEREAS, the Village staff was assisted in the preparation of this WPCLF Loan Application by LJB Inc.; and
WHEREAS, by the unique knowledge of the Village sanitary sewer system and storm water sewer system possessed by LJB Inc., LJB Inc. is the logical and preferred engineering consultant to perform such a study; and
WHEREAS, this type of study needs to be performed during times of wet weather; and
WHEREAS, the time required for a formal bidding procedure outlined in Section 206.01 (b) would delay the initiation of the I&I Study until the times after which the study can best be performed
without risking lengthy delays and the efficient completion of the Study.

Section 1. The contract to conduct and Inflow and Infiltration Study is hereby awarded to LJB Inc. on the terms and conditions determined by the Village Manager to be in the best interest of the Village due to the unique knowledge of LJB Inc. of the project and the Village sewer system, and the capability of LJB Inc. to perform the work rapidly and effectively.
Section 2. For the awarding of the contract to conduct and Inflow and Infiltration Study, the formal bidding procedure outlined in Section 206.01(b) is hereby waived and the contract is awarded to LJB Inc. due to their unique knowledge of the project, based on the Home Rule powers of the Village, and the Council hereby determines that approval of this contract is in the best interest of the Village.
Section 3. This Ordinance is hereby declared to be an emergency measure immediately necessary for the peace, health and safety of the Village, and more specifically, in order to assure that the I&I Study can be performed immediately during the time of year most conducive to getting the best data for the Village in a timely and effective manner, wherefore, this Ordinance shall take effect immediately upon its adoption.

Judith Hempfling
President of Council


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