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Resolution No. 2021-17 Proclaiming an Emergency at NE Yeomalt Drive-Approved 092821Page 1 of 2 RESOLUTION NO. 2021-17 A RESOLUTION of the City of Bainbridge Island, Washington, proclaiming and declaring an emergency related to NE Yeomalt Point Drive and authorizing the waiver of competitive bidding requirements to immediately respond to the emergency; and confirming the authority of the City Manager to respond to the emergency. WHEREAS, a slope failure has occurred on NE Yeomalt Point Drive that threatens the stability of a single access roadway, as well as an adjacent residential home; WHEREAS, the City’s Public Works Engineering Department has performed sub- surface investigations in the slope failure area, and in consultation with two geotechnical engineering firms, have determined that the risk of further deterioration or failure cannot be appropriately mitigated for the upcoming wet season; WHEREAS, the City’s Public Works Engineering Department has confirmed the ability to contract with a design and construction firm to perform the necessary repairs in October 2021; WHEREAS, an associated budget amendment of approximately $250,000 is required to pay for the required repairs; and WHEREAS, the circumstances at issue indicate to the City Manager and the City Council that an emergency, or imminent threat thereof, exists that has resulted in, or threatens to result in, the death or injury of persons or the destruction of or damage to property to such an extent as to require, in the judgment of the City Manager, extraordinary and immediate measures to protect the public health, safety, and welfare; and WHEREAS, the City Council ratified and confirmed an emergency at another location on NE Yeomalt Point Drive through the passage of Resolution 2021-06 on February 9, 2021; WHEREAS, under BIMC 2.44.050, the City Council has designated the City Manager as the executive head of the City for purposes of emergency management; and WHEREAS, under BIMC 2.44.080, the City Manager is authorized to proclaim the existence or threatened existence of an emergency; and WHEREAS, under RCW 39.04.280, Chapter 2.44 BIMC, and the City’s Procurement Policy, the City Manager is authorized to proclaim and declare that an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency situation; and WHEREAS, on September 28, 2021, the City Manager made a declaration of the existence of an emergency related to NE Yeomalt Point Drive, in accordance with Chapter 2.44 BIMC and RCW 39.04.280; and Page 2 of 2 WHEREAS, at the September 28, 2021 City Council Meeting, the City Manager notified the City Council of the existence of the emergency and of the City Manager’s written finding related to the existence of the emergency at NE Yeomalt Point Drive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopted as findings of fact in support of this proclamation and declaration of emergency related to NE Yeomalt Point Drive. Section 2. The City Council hereby ratifies and confirms the City Manager’s declaration of emergency related to the slope failure at NE Yeomalt Point Drive. Section 3. The City Council hereby ratifies and confirms the emergency procurement of services and work to respond to the emergency at NE Yeomalt Point Drive. Section 4. The City Council hereby authorizes the City Manager to prepare an associated budget amendment in the amount of approximately $250,000 from the Surface and Stormwater Management fund to pay for the required repairs. Section 5. The City Council hereby confirms the authority of the City Manager to execute all agreements and obtain all permissions needed to respond to the emergency. Section 6. This resolution will take effect immediately upon passage. PASSED by the City Council this 28th day of September 2021 APPROVED by the Mayor this 28th day of September 2021. Rasham Nassar, Mayor ATTEST/AUTHENTICATE: FILED WITH THE CITY CLERK: September 24, 2021 PASSED BY THE CITY COUNCIL: September 28, 2021 RESOLUTION NO. 2021-17 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE:SEPTEMBER 23, 2021 TO:CHRIS WIERZBICKI, P.E., PUBLIC WORKS DIR. FROM:PETER CORELIS, P.E., CITY ENGINEER SUBJECT:EMERGENCY STATUS FOR YEOMALT POINT DRIVE ROADWAY EMBANKMENT Recommendation The purpose of this memo is to recommend the Public Works department seek an emergency declaration for approximately 150 linear feet of Yeomalt Point Drive roadway and embankment that would allow the City to waive competitive bidding requirements as allowed per RCW 39.04.280,BIMC 2.44, and the City procurement manual to make emergency procurements, including construction and engineering services contracts. It is my professional opinion based on the geotechnical engineer’s investigation and discussion with the geotechnical engineer that the existing conditions of the Yeomalt Point Drive north slope represent a significant hazard to the life and private property of occupants of the downslope residence and to the stability of the public road. The timescale of a catastrophic failure of the slope and road cannot be determined due to the episodic nature of landslides, but a worst-case scenario would result in loss of life and an impassable public road serving 30 to 40 properties below. Continued erosion and possible slope failure is likely to occur during a large storm event when preceded by a prolonged period of precipitation, similar to conditions observed just this last winter, therefore the risk is immediate. A number of mitigations can be constructed to reduce the overall risk of a future slope failure, however, absent a major slope repair and soil retention system undertaking we cannot confirm with a high degree of certainty future failures won’t occur.An emergency declaration would allow the City to mobilize a contractor before the wet season sets in. Background The repair area is located approximately 275 feet east of Madrona Drive NE on the north facing slope of the NE Yeomalt Point Drive steep roadway embankment (directly south of address 11778 NE Yeomalt Point Drive).This road serves as the only access to the neighborhood below.The site experienced landslide activity in the early spring of 2021 as evidenced by sloughing soil and mud down the embankment’s north slope, roadway shoulder retracement, and creation of a 20-foot wide 2.5 feet deep head scarp starting 5 feet downslope from the roadway edge of pavement. The slide debris has impacted a habitable bedroom and the structure’s pier foundations located some 40 feet downslope. Both roadway travel lanes totaling 20-feet in width remain open to traffic.There is an immediate dropoff down the slope in the slide area. The City contracted with a geotechnical engineering services firm to perform a site reconnaissance of the slide, perform a boring of the soil layers under the road, and prepare recommendations for repairs as necessary.The investigation showed that the top 9-feet of subgrade below the asphalt road surface is loose landslide deposits and that the adjacent areas have a mantle of loose soils approximately 6.5 feet deep over glacial till.It was concluded that the movement of the loose surficial soils is likely due to oversaturation in combination with the steepness of the slope. Signs of movement within the driveable road surface include a slight depression in the roadway pavement in the vicinity of the slide and a long crack running at a 45-degree angle across the lanes and perpendicular to the slide’s direction. The conclusions of the geotechnical engineer are that if the area of the upper north slope is not addressed it could become unstable,slope failures could develop,and that mitigation measures should be taken including drainage improvements,a retaining wall system and slope repair. The adjacent property owner also engaged a geotechnical engineering firm to evaluate the slope and recommend repairs on the upper slope to include a soil nail shotcrete wall, drainage improvements, and slope face stabilization and vegetation management. Repairs at this site are estimated to cost approximately $200,000 to $250,000. A photo showing the proximity of the head scarp to the road shoulder is attached along with a vicinity map. View of Yeomalt Point Road and Missing Shoulder at Proposed Repair Area (Looking West)