020-24 - Resolution - Emergency Situation Maring Pump StationDocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
RESOLUTION NO. 020-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CERTIFYING
EMERGENCY SITUATION AND ASSOCIATED WAIVER OF PROCUREMENT FOR
MARINA PUMP STATION IMPROVEMENT PROJECT.
WHEREAS, the City identified the need for capacity and redundancy/reliability
improvements at the Marina Pump Station, a key facility that receives all the City's wastewater
and pumps it to a joint -use wastewater treatment plant; and
WHEREAS, the City, with the assistance of consultants, designed the Marina Pump Station
Improvement Project (the "Project") to address these needs, including necessary work to
upgrade the essential wastewater pump station increase pumping capacity and add emergency
wastewater storage that is necessary to prevent a catastrophic sea wall failure; and
WHEREAS, the City was successful in obtaining funding for the project through the U.S.
Environmental Protection Agency's Clean Water State revolting Fund, a federal -state partnership
that assists communities with water quality infrastructure projects; and
WHEREAS, following a sealed, competitive bidding process, the construction for the
Project commenced in Winter 2023; and
WHEREAS, in March 2024, during construction of the Project, the City's contractor
identified a compromised portion of a pre-existing eighteen -inch pressure sewer main that
carries all of Port Orchard's wastewater to the South Kitsap Water Reclamation Facility; and
WHEREAS, the City, consulting engineer, and contractor, in consultation with the
Washington State Department of Ecology and the Office of Wastewater Management for the U.S.
Environmental Protection Agency, determined that, without immediate repair, the compromised
main poses an imminent danger to public health and safety as a failure would create an
environmental catastrophe as the wastewater would enter Puget Sound; and
WHEREAS, the necessary repair requires both additional unforeseen labor, as well as the
purchase of additional materials, including but not limited to a tapping sleeve and hot tap, and
the amount of the associated change order requires City Council approval pursuant to the City's
Procurement Policies; and
WHEREAS, the use of the existing contractor, Stellar J, for this work is in the best interests
of the City as the contractor is currently mobilized on site and able to make the necessary repairs
via a change order to the Project's contract, allowing for this emergency to be timely addressed
by a qualified contractor; and
WHEREAS, due to the danger posed by the deteriorated condition of the pipe, on March
29, 2024, the Mayor utilized the emergency purchasing power vested in the position of the
Mayor pursuant to Port Orchard Municipal Code 2.80.210, RCW 39.04.280, and the City's
Procurement Policies at Section 6.0, to waive competitive bidding requirements and execute the
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
Resolution No. 020-24
Page 2 of 2
necessary change order to purchase the materials and services necessary to address this
emergency situation; and
WHEREAS, if a contract is awarded without competitive bidding due to a declared
emergency, the City Council must adopt a resolution certifying the emergency situation existed no
later than two weeks following the award of the contract; and
WHEREAS, the Mayor authorized the contractor to proceed and the work was completed
during the week of April 1, 2024; and
WHEREAS, Council certifies that an emergency condition exists as set forth herein and now
desires to ratify the Mayor's emergency acts as consistent with the aforementioned authority and
necessary to redress this public health emergency; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The recitals set forth above are hereby adopted and incorporated as findings in
support of this Resolution.
THAT: The City Council hereby certifies the emergency proclamation attached hereto as
Exhibit A, and authorizes and ratifies the waiver of applicable procurement
requirements for the procurement of the goods, materials, and services to address the
public health emergency described herein and the Mayor's execution of all documents
necessary to effectuate this work, as consistent with the authority set out herein and
necessary, in an amount not to exceed $300,000.
THAT: The Council hereby ratifies and affirms any act consistent with the authority set
herein and prior to the effective date of this Resolution.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 91" day of Aril 2024.
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Robert Putaansuu, Mayor
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Brandy Wallace, MMC, City Clerk
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DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
ORCHARD.
CITY OF PORT ORCHARD
DECLARATION OF LOCAL EMERGENCY
AND AUTHORIZATION FOR EMERGENCY PURCHASE
WHEREAS, during construction of the Marina Pump Station Improvement Project (the
"Project"), the City's contractor identified a compromised portion of an existing eighteen -inch
pressure sewer main that carries all of Port Orchard's wastewater to the South Kitsap Water
Reclamation Facility; and
WHEREAS, without immediate repair, the compromised main poses an imminent danger
to public health and safety as a failure would create an environmental catastrophe as the wastewater
would enter Puget Sound; and
WHEREAS, the City has moved quickly to assess the deficiencies and associated risk, as
well as the necessary repairs and required materials and equipment; and
WHEREAS, the contractor for the Project is mobilized and able to make the necessary
repairs via a change order to the Project's contract, allowing for this emergency to be timely
addressed by a qualified contractor;
NOW, THEREFORE, IT IS DECLARED BY THE MAYOR OF THE CITY OF
PORT ORCHARD that an emergency condition exists because of the aforementioned conditions
and, therefore:
Section 1. Pursuant to Port Orchard Municipal Code 2.80.210, RCW 39.04.280, and the
City's Procurement Policies and Procedures, I find that the above conditions constitute unforeseen
circumstances beyond the control of the City that present a real, immediate threat to the proper
performance of essential functions and will likely result in material loss or damage to property and
the environment if immediate action is not taken.
Section 2. Consistent with this finding, I am executing the necessary change order for
construction services and will submit this to the City Council for certification at the next regular
Council Meeting.
Section 3. A copy of this shall be disseminated via the City's regular means for official
notices and shall be made available to the media and general public.
Issued by the Mayor of Port Orchard on this 291hda gof� �
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!Iarch 20.24.
P4MJA SVU
rr''T7 Robert Putaansuu, Mayor
A T-tle�uSig ned by:
Brandy Wallace, MMC, City Clerk