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Home My WebLink AboutTrans 2007-02-12 Item 3C - Resolution - 35th Avenue South Emergency Pipe Repair Attachment III.C. INFOR.l'\1ATION :MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ February 8, 2007 3SU' Ave. South Emer2ency 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 35th Ave. South just south of South 128th 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. RECOM:MENDATION 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:Proi=\A- DR Proi=\07DR02\ Info Memo - 35" Aye S Emergen;y Resolutioo) /5 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUIOVILA, 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 inunediately; and \VHEREAS, RO'V 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 CIerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City CIerk: Passed by the City Council: Resolution Number: /6 C:\Dorumenls and SeUings\All Users\Desktop\Kelly\MSDATA \Resolutions\Emergency Pipe Repair.doc RLksn 2/8/2037 Page 1 of 1 RCW 39.04.280: Competitive bidding requirements - Exemptions. Page 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 governing 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 governing 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 governing 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 governing 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 governing 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 c278 S 1.] J7 http://apps.leg. wa.gov/RCW I default.aspx?cite= 39.04.280 2/8/2007 MEMORANDUM TO: Jim Morrow ~7__,7 FROM: Ryan Larson /y-- DATE: February 7, 2007 SUBJECT: Emergency Storm Pipe Repair at 12800 Block of 35th Ave. S. City maintenance crews discovered a large sinkhole on 35th Ave. S just south of S. l28th. The sinkhole resulted from a failed 18" storm water pipe beneath the roadway conveying Riverton Creek. The hole is approximately 6' deep and there is an exposed sewer pipe and gas main visible. To protect the public, large steel plates have been placed covering the hole and the roadway has been closed in the immediate area. The failed culvert drains a section of Riverton Creek and during heavy rain events the culvert surcharges. It my determination that this culvert should be replace as soon as possible to prevent further damage to the roadway and utilities and the potential for downstream flooding and substantial creek erosion. I have contacted the Department of Fish and Wildlife and they have issued an Emergency Hydraulic Project Approval that authorizes the City to repair this culvert. I have also contacted several contractors from the City's Small Works Roster and expect two bids from firms that can do this work on short notice. RCW 39.04.280(1)(C) specifically authorizes a municipality to waive competitive bidding requirements for purchases "in the event of an emergency." In such a situation, the person designated by the governing body to act in the event of and emergency may declare that an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency. If a contract is awarded without competitive bidding due to an emergency, written findings of the existence of an emergency must be made by the governing body or its designee and entered into its record no later than two weeks following the contract's award. To document for the record your decision that this failed culvert and resulting sinkhole constitutes and emergency situation and bypass the competitive bidding requirements, please sign the below authorizing me to proceed with this repair on an emergency basis: Approved by: 2. 'T/CI irector Public Works /8 Emergency Storm Pipe Repair at 12800 Block of 35th Avenue South Photo Emergency Storm Pipe Repair at 12800 Block of 35th Avenue South Photo 35th Avenue South Emergency pipe repair Vicinity Map