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DocuSign Envelope ID:5545DAA9-BC78-40DF-80EF-E57E10D59BD5 <br /> RESOLUTION 3034 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANACORTES, <br /> WASHINGTON, declaring an emergency and waiving state competitive bidding <br /> requirements for the repair of 41st Street, pursuant to RCW 39.04.280. <br /> WHEREAS, RCW 39.04.280 provides that the City, by resolution, may waive <br /> competitive bidding requirements for public works in the event of an emergency. For <br /> purposes of RCW 39.04.280, an "emergency" is any unforeseen circumstance beyond <br /> the control of the municipality that either (a) presents a real, immediate threat to the <br /> proper performance of essential functions; or (b) will likely result in material loss or <br /> damage to property, bodily injury, or loss of life if immediate action is not taken; and <br /> WHEREAS, a large sag in the pavement on 41st Street between Cherry Lane and <br /> H Avenue had been forming and upon opening up the pavement the Street Department <br /> discovered a 10' wide x 10' long x 3' deep void in the subgrade under the asphalt across <br /> the entire westbound traffic lane; and <br /> WHEREAS, a significant amount of ground water appears to be being <br /> intercepted by and routed down the Sanitary Sewer line in 41st Street. Then when the <br /> road levels out the water seeks weak spots in the roadway subgrade and surface to <br /> relieve the pressure created by gravity coming down the hill; and <br /> WHEREAS, the Street Department has been battling this groundwater and <br /> resulting pavement failures regularly over the past six months. They have had the entire <br /> crew onsite for at least 8 days total over 3 different events since September, one event in <br /> September, one event in October, and one in February. The repairs made in September <br /> and October are already showing signs of failure in the pavement surface and are likely <br /> to need further repair in the coming months; and <br /> WHEREAS, no stormwater system exists in this area on the north side of 41st <br /> Street. The existing water in the ditch on the North side of 41st Street that flows easterly <br /> down the hill is currently being collected by a catch basin installed by a homeowner <br /> during their house construction at 1817 41st street and routed via a 4" pipe through a <br /> private drainage easement through the 40th Court subdivision; and <br /> WHEREAS, this portion of 41st Street is in a state of imminent potential for total <br /> failure causing property damage, bodily injury, and becoming a risk to human health.; <br /> and <br /> WHEREAS, repair and installation of the road, pipes, and stormwater system is <br /> "public work" as defined by RCW 39.04.010(4). <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> Anacortes, Washington as follows: <br /> Section 1. The City Council of the City of Anacortes, Washington finds that the <br /> facts set forth in the recitals of this resolution are true and that the failure of the <br /> roadway due to the lack of a stormwater system on 41st Street constitutes an <br /> Resolution 3034 Page 1 <br />