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Item 1.P.
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| City Council Regular | |
| Date: | 01/13/2025 |
| Title: | King Avenue East Water Transmission Main Repair, Emergency Resolution |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that Council adopt a resolution declaring an emergency and grant the City Administrator the signing authority for the repairs to 42-inch diameter water transmission main located in King Avenue East.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On November 5, 2024, the City was notified that Karv Inc., a horizontal directional drilling contractor, had damaged the 42-inch Zone 2 water transmission main. The damage took place on King Avenue East near the Yellowstone County Detention Facility while the contractor was directional drilling new telecommunication cables for the expansion project. The 42-inch water main is the largest of the four transmission mains that leave the City's Water Treatment Plant and is the primary water feed for the Billings' west end. Due to the criticality of the transmission main and immediate need for water, repairs were completed by COP Construction.
The following sections of the Montana Code Annotated allow the City to complete emergency repairs; Section 7-5-4302 of the MCA requires advertising for competitive bids and accepting the lowest responsive bid. Competitive bidding is impractical because the time to advertise, analyze bids, and award a contract would require 6 to 8 weeks before the work could begin. Section 7-5-4303 of the MCA allows cities to declare an emergency and waive the requirement for advertising and competitive bidding when ¾ of the Council members present at the meeting declare an emergency. In addition, City staff requests the City Administrator be given the signing authority to pay for the repairs. The City will pursue reimbursement from Karv Inc. per Section 69-4-5 of the MCA, that states an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.
The following sections of the Montana Code Annotated allow the City to complete emergency repairs; Section 7-5-4302 of the MCA requires advertising for competitive bids and accepting the lowest responsive bid. Competitive bidding is impractical because the time to advertise, analyze bids, and award a contract would require 6 to 8 weeks before the work could begin. Section 7-5-4303 of the MCA allows cities to declare an emergency and waive the requirement for advertising and competitive bidding when ¾ of the Council members present at the meeting declare an emergency. In addition, City staff requests the City Administrator be given the signing authority to pay for the repairs. The City will pursue reimbursement from Karv Inc. per Section 69-4-5 of the MCA, that states an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.
ALTERNATIVES
City Council may:
- Approve the emergency resolution for the Zone 2 42-inch Water Transmission Main Repair and give the City Administrator signing authority, or;
- Disapprove the emergency resolution. If the resolution and signing authority are not approved, the City won't be able to pay COP Construction for the repair work.
FISCAL EFFECTS
The cost of the repair in the amount of $172,669.62 will be paid from FY25 Water Funds. Approximately one-half of the cost was fittings and materials used in the repair. The City will pursue reimbursement from Karv Inc. per Montana Code Annotated Section 69-4-523, that states "an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility."