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HomeMy WebLinkAbout24-031 Declaring an Emergency, Waiving Public Bidding Requirement, and Ratifying the City Manager's Approval of All Applicable Documents to Allow for the Immediate Repair of Damage to Sewer and Transportation InfrastructureResolution 24-031 RESOLUTION NO. 24-031 A RESOLUTION DECLARING AN EMERGENCY, WAIVING PUBLIC BIDDING REQUIREMENTS, AND RATIFYING THE CITY MANAGER'S APPROVAL OF ALL APPLICABLE DOCUMENTS TO ALLOW FOR THE IMMEDIATE REPAIR OF DAMAGE TO SEWER AND TRANSPORTATION INFRASTRUCTURE WHEREAS, Section 3.46.090(E) of the City of Port Townsend Municipal Code (PTMC) and Section 39.04.280(1)(C) of the Revised Code of Washington (RCW) allow exemptions to competitive bidding requirements under emergency conditions; and WHEREAS, RCW 39.04.280(3) defines "emergency" as unforeseen circumstances beyond the city's control, that either presents a real, immediate threat to the proper performance of essential functions, or will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken; and WHEREAS, on August 31, 2024, a sewer line collapse occurred on Sims Way/SR20 near the WSDOT Ferry Terminal; and WHEREAS, on August 31, 2024, City staff inspected and found a sinkhole and damage caused by the sewer line collapse; and WHEREAS, the City Manager has determined that the damage described herein constitutes an emergency, as defined in RCW 39.04.280(3), based on the need to immediately repair the sewer and transportation infrastructure and mitigate effects on public facilities, to ensure the proper performance of essential functions, prevent further damage to property, and further public safety goals; and WHEREAS, PTMC Section 3.46.090(E)(3) requires the City Council to concur with the City Manager's declaration of emergency by passage of a resolution declaring the emergency, reciting the facts constituting the emergency, and waiving the public bidding requirements; and WHEREAS, for the reasons stated herein, the City Council find that it is the best interest of the City to declare an emergency, waive public bidding requirements for the public work to be undertaken, and authorize the execution of all necessary documents required in order to initiate repairs to the sewer and transportation infrastructure, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, as follows: Section-J., The recitals above are hereby adopted by reference as the City's findings in support of the emergency declaration, as if fully set forth herein. Section 2.. The City Council hereby declares an emergency justifying the waiver of certain contracting processes, including public bidding requirements. Section 3. All prior actions taken in conformance with this resolution, including the actions of the City Manager and the Public Works Director, as described in their Memorandum dated August 31, 2024, are hereby ratified and confirmed. Section 4. The City Manager may take any additional administrative actions consistent with this resolution. ADOPTED by the City Council ofPort Townsend, Washington, at a regular meeting thereof, held this 3rd day of September 2024. David Fab&- ­ Mayor Attest: I . . . . . . . . ..... I/, Alyss odkries City lerk