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Resolution 1520RESOLUTION NO. 1520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, FINDING THAT AN EMERGENCY EXISTS AND WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR PUBLIC WORKS TO REPAIR CORROSION DAMAGE TO CERTAIN WASTEWATER TREATMENT PLANT EQUIPMENT. WHEREAS, during the Primary Clarifier #1 drive motor replacement project at the Wastewater Treatment Plant (WWTP), it came to the attention of City staff that certain internal steel structure components of Primary Clarifier # 1 are severely corroded and must be replaced immediately; and WHEREAS, this clarifier is typically used in a full time capacity to ensure that we have adequate treatment capacity to meet NPDES permit requirements, therefore these repairs to Primary Clarifier # 1 are essential because the corroded structure has already partially collapsed causing the clarifier to be taken out of service and to be used in emergency high flow situations only; and WHEREAS, the City has entered into a contract with Rebuild-It Services Group to replace the internal steel structure of Primary Clarifier # 1 and provide related repair services; and WHEREAS, as compliance with the usual competitive bidding requirements would not allow the City to respond as quickly as it needs to respond to make these repairs in a timely manner 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 and public works in order to respond to an emergency; 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 corrosion damage to essential WWTP equipment 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 corrosion damage to the internal steel structure of Primary Clarifier # 1 constitutes an emergency that justifies the waiver of competitive bidding 1 requirements and entering into a contract with Rebuild-It Services Group for replacement of the corroded internal steel structure without first engaging in a competitive bidding process. RESOLVED this 16th day of May 2023. ATTEST: T PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CITY OF EDMONDS May 12, 2023 May 16, 2023 1520 2