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Res 062-2010 5/11/2010 RESOLUTION NO. 62-2010 Resolution Authorizing The City Manager To Execute A Contract With Archer Western Contractors, Ltd. For The Lake Diversion Emergency Spillway Slope Failure Remediation Project, In An Amount Of Up To $931,218. WHEREAS, the City of Wichita Falls has determined that an emergency repair to the slope paving beside the Lake Diversion Spillway is needed to protect the health and safety of the public and the environment; WHEREAS, the City Council finds that this purchase is exempt from the state's competitive bidding requirements pursuant to TExas Loca� GOVERNMENT CODE §252.022 because it is a procurement (1) made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality, (2) that is necessary to preserve or protect the public health or safety of the municipality's residents, and (3) that is necessary because of unforeseen damage to public machinery, equipment, or other property; WHEREAS, it is found that the most economical and quickest solution is to enter into an Emergency Services Agreement with Archer Western Contractors, which provided a cost-plus proposal attached as Exhibit A for this project in an estimated maximum amount of $931,218; and WHEREAS, the cost for the repairs will be shared by Wichita County Water Improvement District #2 and will require an appropriation from General Fund Reserves. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a contract with Archer Western Contractors, Ltd. for the Lake Diversion Emergency Spillway Slope Failure Remediation Project in an amount of up to $931,218, on a"cost-plus" basis, in a form to be approved by the City Attorney. PASSED AND APPROVED this the 11th day of May, 2010. � MAYOR ATTEST: � �, � ity Clerk