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HomeMy WebLinkAbout25-006 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 the OGWS Transmission Pipeline near Fuller Road at the Andrews CreResolution 25-006 RESOLUTION NO. 25-006 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 THE OGWS TRANSMISSION PIPELINE NEAR FULLER ROAD AT THE ANDREWS CREEK CROSSING. 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 perlorma.rice 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 February 6, 2025, a welded joint failed in the OGWS Transmission Pipeline near •Fuller Road at the Andrews Creek Crossing; and WHEREAS, on February 6, 2025, City staff found and inspected the damage caused by the leaking water transmission pipeline; 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 damaged water transmission pipeline and restore the flow of water to the City Lake Reservoir; 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 finds that it is in 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 1. 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 the Memorandum dated February 13, 2025, 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 of PortTownsend, Washington, at aregular meeting thereof, held this I 8th day of February, 2025. David Ra Mayor Attest: a 1 ngties G, y (:;Jerk Jerk