Resolution 1092RESOLUTION NO.1092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, DECLARING AN EMERGENCY,
ADOPTING FINDINGS WITH RESPECT TO SUCH
EMERGENCY, AND RATIFYING A CONTRACT ENTERED
INTO WITHOUT THE BENEFIT OF COMPETITIVE
BIDDING.
WHEREAS, a Sanitary Sewer pipeline failure has resulted in blockage of sewage
flow from residences in the Ballinger area, and
WHEREAS, a sewer blockage poses a threat to public health and the
environment, and
WHEREAS, the Public Works Department does not have the necessary to correct
the required construction equipment and machinery necessary to correct the situation, and
WHEREAS, such situation constituted an emergency within the meaning of RCW
39.04.280(1)(c), now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares and confirms the existence of an
emergency arising from this Sanitary Sewer pipeline failure.
Section 2. Municipal contracts entered into by the Mayor or Public Works
Director without the benefit of competitive bidding procedures are hereby ratified. Pursuant to
RCW 39.04.280(1)(c), the City Council hereby authorizes the Public Works Director to execute
a contract change order with Tri State Construction, Inc., waiving competitive bidding
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procedures and confirming the award of all necessary contracts on behalf of the City necessary to
address the emergency.
.RESOLVED this 26th day of April, 2005.
ATTEST/AUTHENTICATED:
R
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 04/26/2005
PASSED BY THE CITY COUNCIL: 04/26/2005
RESOLUTION NO. 1092
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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 c 278 § 1.]
Adopted by Reference
Resolution # Zo9z on - p.5
as
City Clerk
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