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NOW,THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT THAT: <br /> A. Declaration of Emergency. As indicated by forensic and structural analysis of the <br /> discharge line as described above,the discharge line may break again at any time,which is an <br /> unforeseen circumstance beyond the control of the City that is an immediate threat to the proper <br /> performance of essential City functions. Because another break would likely cause material loss or <br /> damage to property, risk to public health and the environment, immediate action is necessary to replace <br /> approximately 1,600 feet of the discharge line. In accordance with RCW 39.04.280 and the City's <br /> Purchasing Guidelines,the City Council therefore declares and finds that an emergency exists. <br /> B. Waiver of Competitive Requirements/Authorization to Award. <br /> 1. General Waiver and Authorization. In accordance with RCW 39.04.280 and the <br /> City's Purchasing Guidelines,the City Council waives competitive requirements for the replacement of <br /> approximately 1,600 feet of the discharge line and work associated with the replacement. The Mayor <br /> or his designee is authorized to execute and award,on behalf of the City,all contracts and other <br /> instruments necessary for the replacement of the approximately 1,600 feet of the discharge line and the <br /> work associated with the replacement, including, but not limited to, permit applications, contracts and <br /> purchase orders for acquisition of materials, contracts for engineering services, contracts for <br /> professional services, and contracts for construction. <br /> 2. Limited Emergency Competitive Process for Award of Construction Contract. <br /> The City's Purchasing Guidelines state that during an emergency,the City will still make "make efforts to <br /> include a level of competition that is practical under the circumstances." In light of this requirement, <br /> the imminent threat,the need for immediate action,the size of the project,the contractor experience <br /> necessary to bid accurately and quickly, and the contractor experience necessary to complete the <br /> project swiftly,the Public Works Department recommends, and the City Council approves,the following <br /> limited emergency competitive process for the award of the construction contract for the project: <br /> a. Once the plans and specifications are ready,the City will solicit bids <br /> from experienced contractors who have recent track records of success with the City with similar <br /> projects. In particular,the City will invite bids from contractors that have successfully completed or <br /> substantially completed at least one project for the City within the last three years (that is, completed <br /> between May 9, 2009 and May 9, 2012)that included installation of at least 2,000 feet of 16-inch or <br /> greater diameter pipe for pressure service (water or sewer). Based on this,the City will invite bids for <br /> the project construction contract from only the following six contractors: IMCO General <br /> Construction,Tri-State Construction,Shoreline Construction, KLB Construction,B&L Utility,and Stellar <br /> J Corporation. The Public Works Department anticipates that several of these contractors will submit <br /> bids. There will be no advertisement or other public posting of the bid package. <br />