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HomeMy WebLinkAbout26-004 Delcaring an Emergency, Waiving Public Bidding Requirements, and Ratifying the City Manager's Approval of all Applicable Documents to Allow for the Immediate Repair of a Second Leak in the OGWS Transmission Pipeline Near 223 Aerie LaneResolution 26-004 RESOLUTION NO. 26-004 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 A SECOND LEAK IN THE OGWS TRANSMISSION PIPELINE NEAR 223 AERIE LANE. 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 March 11, 2026, a break in the welded circumferential joint was discovered in the Olympic Gravity Water System (OGWS) Transmission Pipeline near 223 Aerie Lane; and WHEREAS, on March 11, 2026, City staff exposed the leak with the help of Seton Construction and determined a temporary repair was not feasible; and WHEREAS, City issued a change order to the Port Townsend Paper Mill to order and install an encapsulation fitting and monitor the leak daily until the fitting can be installed; 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 contract for the fabrication of a permanent custom repair -band; and WHEREAS, PTMC 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, 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 OGWS Pipeline. 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. Resolution 26-004 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 agenda report dated March 16, 2026, 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 Port Townsend, Washington, at aregular meeting thereof, held this 16th day of March, 2026. ,.. Ho rd.._ ...... Mayor Attest: Alys ,. c gLGes C Cher