HomeMy WebLinkAboutCOW 2007-02-12 Item 4D - Resolution - Emergency Regarding to 35th Ave S Erosion Damage r r COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-018 I ORIGINAL AGENDA DATE: FEBRUARY 12, 2007
AGENDA ITEM TITLE Resolution declaring an emergency in response to erosion damage on 35 Ave S.
CATEGORY Discussion Motion Resolution Ordinance 111 Bid Award Public Hearing Other
Mtg Date 02/12/07 Mtg Date Mtg Date 02/20/07 Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR 111 Council m or Adm Svcs DCD Finance Fire Legal P&R Police PT/
SPONSOR'S City maintenance crews discovered a large sinkhole on 35 Ave South just south of South
SUMMARY 128 Street. The sinkhole resulted from a failed 18" storm water pipe beneath the
roadway that conveys Riverton creek. The hole is approximately 6' deep and there is an
exposed sewer pipe and gas main visible that requires immediate repair. This resolution
will declare an emergency and allow staff to immediately enter into a construction
contract per RCW 39.04.280.
REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DALE: 02/12/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Emergency Resolution.
CoMMI FEE presented to Transportation Committee tonight, Monday 2/12/07.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 412.02 Surface Water
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
02/12/07 1
02/20/07
MTG. DATE 1 ATTACHMENTS
02/12/07 1 Information Memo dated February 8, 2007
Resolution
RCW 39.04.280 Competitive bidding requirements exemptions
Photograph and Vicinity Map
02/20/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directorg't)
Date: February 8, 2007
Subject: 35`' Ave. South Emergency Pipe Repair
Emergency Declaration Resolution
ISSUE
Approve an Emergency Declaration that authorizes City staff to expedite repair of the subject
project.
BACKGROUND
City maintenance crews discovered a large sinkhole on 35 Ave. South just south of South
128 Street. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway
that conveys Riverton Creek. The hole is approximately 6' deep and there is an exposed
sewer pipe and gas main visible and requires immediate repair to avoid further roadway,
creek, and utility damage.
RECOMMENDATION
Approve the emergency resolution that authorizes Public Works to immediately construct a
repair to the damaged pipe crossing and roadway by a construction contract exempt from
competitive bidding.
RL:ad
attachments: draft resolution
RCW 39.04.280
Emergency Storm Pipe Repair Memo /photographs
(P:Pfojau\A- DR Projects\O7DROZ\ info Mono 3r Ave S Resole-6w)
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO
DAMAGES TO PUBLIC PROPERTY DUE TO EROSION.
WHEREAS, it has been determined that a break in a roadway cross culvert has
occurred at the 12800 block of 35th Avenue South; and
WHEREAS, the break has resulted in damage to the roadway, creek, and poses a
significant risk to existing gas, sewer, and water utilities; and
WHEREAS, the repairs to the roadway and drainage culvert are required
immediately; and
WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive
bidding exemptions; and
WHEREAS, the Mayor of Tukwila has declared an emergency in order to allow
City forces to respond with appropriate resources to restore damages and prevent
further impacts to public and private property; and
WHEREAS, the City Council wishes to provide their support and endorsement of
the Mayor in his action to declare an emergency and in the City's efforts to respond to
the emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council supports the Mayor in his declaration of an emergency,
due to damages and the need for protective actions brought about by a failed roadway
culvert, and hereby authorizes City forces to respond in the manner which is most
effective and expedient, without regard for the procedures and formalities which would
otherwise govern the assignment of duties, procurement of materials, and contracting
of services. This situation is an emergency as defined in RCW 39.04.280(3).
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHENTICATED:
Verna Griffin, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C \Documents and Settings \All Users\ Desktop\ Kelly \MSDATA \Resolutions \Emergency Pipe Repair.doc
RLksn 2/8/2007 Page 1 of 1
RCW 39.04.280: Competitive bidding requirements Exemptions. ?age 1 of 1
RCW 39.04.280
Competitive bidding requirements Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding
contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also
include other exemptions from competitive bidding requirements. The purpose of this section is to supplement and not to
limit the current powers of any municipality to provide exemptions from competitive bidding requirements.
(1) Competitive bidding requirements may be waived by the goveming body of the municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by resolution or by
the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the
goveming body elects to waive competitive bidding requirements by the terms of written policies adopted by the
municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be
recorded and open to public inspection.
If a resolution is adopted by a goveming body to waive competitive bidding requirements under (b) of this subsection,
the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an
emergency.
(b) If an emergency exists, the person or persons designated by the goveming body of the municipality to act in the
event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award
all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without
competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the
goveming body or its designee and duly entered of record no later than two weeks following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality
that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in
material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
[1998 c 278 1.]
http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 39.04.280 2/8/2007
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