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RESOLUTION NO. 3031
A RESOLUTION of the City Council of the City of
Bremerton, Washington waiving the public bidding requirements
and authorizing the Mayor to take the necessary steps to replace
approximately 360 feet of stormwater main located west of
Wheaton Way between Hanford and Broad Streets ("Wheaton
Way Stormwater Main") and approximately 360 feet of the sewer
main located adjacent to the Wheaton Way Stormwater Main as
provided in RCW 39.04.280(1)(c) and BMC 2.76.600(a)(3).
WHEREAS, the Wheaton Way Stormwater Main is a critical and necessary
element of the City's stormwater conveyance system; and
WHER?AS, the City has a utility easement containing the Wheaton Way
Stormwater Main that runs through property currently under development; and
WHEREAS, the City has just determined that approximately 360 feet of the
Wheaton Way Stormwater Main is experiencing severe corrosion putting the utility at risk of
total pipe failure; and
WHEREAS, the development occurring over the easement will add an additional
seven (7) feet of material over the Wheaton Way Stormwater Main further stressing the system;
and
WHEREAS, total failure of the Wheaton Way Stormwater Main is likely to and
will affect public health and safety unless immediate action to cause the permanent repair or
replacement of the main and related utilities is taken; and
WHEREAS, there is 360 feet of aging sewer line immediately adjacent to the
stormwater main that needs to be replaced at the same time the stormwater main is replaced; and
WHEREAS, RCW 39.04.280(1)(c) specifically authorizes a municipality to
waive competitive bidding requirements for purchases in the event of an emergency; and
WHEREAS, BMC 2.76.600(a)(3) provides the City is not required to seek
competitive bids when the City contracts for materials, goods and equipment in order to
effectively respond to emergencies affecting public health and safety; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That an emergency condition exists due to unforeseen
circumstances beyond the control of the City that presents a real, immediate threat to the proper
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Wheaton Way Storm water Main
performance of the essential function of the City's sewer system and related utilities and will
likely result in material loss or damage to property and the environment.
SECTION 2. That the Mayor is her,eby authorized to cause the immediate,
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permanent repair or replacement of approximately 360 feet of the Wheaton Way Stormwater
Main and approximately 360 feet of the sewer main immediately adjacent to the Wheaton Way
Stormwater Main and related utilities in accordance with the provisions ofRCW 39.04.280(1)(c)
and BMC 2.76.600(a)(3).
SECTION 3. Competitive bidding requirements are hereby waived and are not
required for securing contracts for materials, goods, equipment and services necessary to respond
to the emergency referenced in this resolution.
SECTION 4. The Mayor is hereby authorized to award all necessary contracts
on behalf of the City in order to effectively respond to this declared emergency.
SECTION 5. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 6. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this lI1IiJlay of October,
2007.
APPROVED AS TO FORM:
. ATTEST:
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CAR ETGE, Ity Clerk
R A. LUBOVICH, City
R:\Lega\\Lega\\Reso\utions\Public Works\Wheaton Way Sewer Main Emergency Reso\ution.doc
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Wheaton Way Stormwater Main