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Resolution 1590RESOLUTION NO. 1590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, FINDING THAT AN EMERGENCY EXISTED AND THE WAIVING OF COMPETITIVE BIDDING REQUIREMENTS FOR PUBLIC WORKS TO TRANSPORT WASTEWATER TREATMENT PLANT LIQUID SLUDGE WAS NECESSARY TO AVOID SERIOUS ENVIRONMENTAL DAMAGE TO PUGET SOUND. WHEREAS, on May 8, 2026, the Schwing Pump in the Wastewater Treatment Plant (WWTP) that pumps dewatered sewage cake to the trucks or the gasifier/dryer system failed catastrophically and required repair parts that the City did not have immediately available; and WHEREAS, due to this failure, the WWTP was unable to dewater sludge into cake, and was instead required to pump the liquid sludge out of the WWTP onto trucks with bladders that transport liquid for disposal for the period of May 8 to 13, 2026; and WHEREAS, the only alternative to transporting such liquid would have been to discharge raw sewage into the Puget Sound for several days at a rate of 4-5 million gallons per day, resulting in major pollution to the Sound and its shoreline, as well as related clean-up costs and fines; and WHEREAS, City staff immediately took all available steps to limit the damage from the Schwing Pump failure, including contacting King County to shut off flows from the Westpoint Wastewater Plant; and WHEREAS, City staff engaged The Septic Group, which was the only company available to provide the necessary liquid sludge transportation assistance, and which agreed to work over the holiday weekend and clear other already scheduled work to come to the City's aid. City staff authorized these services without a contract or competitive bidding process in order to begin the liquid sludge hauling promptly to avoid environmental catastrophe and its related costs; and WHEREAS, on June 1, 2026, the City received an invoice from The Septic Group in the amount of $212,000 for the sludge trucking and disposal services. City staff reviewed the invoice and confirmed that the amount of gallons trucked was accurate, that the fees per gallon were within industry standards, and that these costs were likely less than environmental clean- up costs and fines; and WHEREAS, City compliance with the usual competitive bidding requirements would not have allowed it to respond as quickly as required to avoid raw sewage discharge into Puget Sound or make the necessary repairs to ensure proper performance of the WWTP's essential functions; and WHEREAS, RCW 39.04.280 allows municipalities to waive competitive bidding requirements for purchases of supplies, materials, equipment and services in order to respond to an emergency and stabilize the emergency condition; and WHEREAS, RCW 39.04.280 defines emergency as "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;" and WHEREAS, the City Council finds that the failure of the Schwing Pump and the resultant temporary inability to process liquid sludge, which is essential to proper WWTP operations, and the risk of raw sewage discharge into Puget Sound should be considered an emergency for the purposes of RCW 39.04.280; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. EMERGENCY FINDING. The failure of the Wastewater Treatment Plant Schwing Pump and the resultant temporary inability to process liquid sludge, risking the discharge of raw sewage into Puget Sound, constituted an emergency that justified the waiver of competitive bidding requirements and the authorization of services by The Septic Group without a contract for liquid sludge transportation without first engaging in a competitive bidding process. M OR, MIKE ROSEN ATTEST/AUTHENTICATE: CITY CLERK, LUKE LONIE FILED WITH THE CITY CLERK: JUNE 9, 2026 PASSED BY THE CITY COUNCIL: JUNE 9, 2026 RESOLUTION NO: 1590