In the design process that is underway for the Police Evidence Expansion in FY20, it was determined that the open irrigation ditch conversion to underground through said property needs to be completed before the spring ditch fill to meet the Evidence Expansion schedule we are planning. The open ditch runs across the City Properties on Midland Road and eventually under the Interstate to locations North of I-90 including Amend Park.  In order to not disrupt any seasonal irrigation, it is necessary to install underground piping by May 1st. This emergency expenditure is to order the pipe materials only, so they will be on site when the contract can be let for the Installation of that piping, which is currently being advertised in a competitive Invitation for Bid. The Suburban Ditch Company has given their approval for this project to proceed as long as work can complete on or about the first of May.  This emergency expenditure exceeds the amount of $79,999 and such purchases require the City Council by resolution to declare the emergency and record it in the minutes of the council meeting. The requirements for sealed bids can be waived, and the purchase made in the fastest possible manner. (MCA Title 7, Chapter 5)

If we are unable to do this project now, it could delay the start of the Evidence Facility Expansion 8-9 months, and could impact the budget for that project.  The only complication to accomplishing this is the material order to accomplish this in late April.  The supplier in Billings, Forterra, is proprietary for this type of product.  Public Works Engineering confirmed that the City does order product for project in advance and that Forterra is the proprietary local provider.  It should be noted that if this were in the competitive bidding with the installation, we would pay mark-up to the successful bidder, rather than purchasing directly.  It is not unusual for the City to order such materials in advance of projects to assure meeting desired timelines.
Any further development of these lots of City Property at the BOC will require this ditch to be buried.  Both adjacent property owners, Motor Power Equipment to the west and Jerry Ray to the east, have piped the ditch water under their property.

City Council may:

• Approve, the emergency procurement of the ditch piping for the Billings Operations Center or;
• Disapprove  the emergency procurement of the ditch piping for the Billings Operations Center. If the emergency procurement is not approved it could delay the construction of the evidence facility for up to 9 months.

The cost of the order is $120,901.36 and the financial impact will be handled with Facility Reserves for the BOC and the reserves will be reimbursed when the Evidence Project is funded at the recommendation of the Finance Director.

Staff recommends Approval of this request - the balance of the work will be accomplished by competitive Invitation for Bid which is currently underway.