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DocuSign Envelope ID:5C297E5E-ED11-4690-98CA-6B9D25622348 RESOLUTION 3089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANACORTES, WASHINGTON, declaring an emergency and waiving state competitive bidding requirements for the relocation of sanitary sewer pump station #8 and U Avenue bank stabilization, pursuant to RCW 39.04.280. WHEREAS, RCW 39.04.280 provides that the City, by resolution, may waive competitive bidding requirements for public works in the event of an emergency. For purposes of RCW 39.04.280, an "emergency" is any unforeseen circumstance beyond the control of the municipality that either (a) presents a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken; and WHEREAS, in early January 2022 an unusually high tide and wind events destabilized the bank above the shoreline at the north end of U Avenue. Sanitary Sewer Pump Station #8 is located directly adjacent to this bank and was identified as being at risk of being involved in the sloughing bank. Emergency measures were taken at that time to temporarily protect the pump station; and WHEREAS, continued monitoring of the bank has identified that sloughing is continuing. In order to protect the pump station it has been determined that the pump station should be relocated approximately 100 feet southerly away from the bank and that measures should be taken to stabilize the bank to protect the adjacent sanitary sewer system and roadway; and WHEREAS, this sanitary sewer pump station#8 and the U Avenue bank are in a state of imminent potential for total failure which would cause property damage, bodily injury, and become a risk to human health; and WHEREAS, the relocation of sanitary sewer pump station #8 and U Avenue bank stabilization is "public work" as defined by RCW 39.04.010(4). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anacortes, Washington as follows: Section 1. The City Council of the City of Anacortes, Washington finds that the facts set forth in the recitals of this resolution are true and that the destabilization and sloughing of the bank at the north end of U Avenue and the resulting danger to sanitary sewer pump station #8 constitutes an emergency under RCW 39.04.280. Pursuant to RCW 39.04.280, the City Council hereby declares and certifies that an emergency exists requiring immediate relocation of sanitary sewer pump station#8 and U Avenue bank stabilization. Section 2. The City Council of the City of Anacortes, Washington hereby waives the bidding requirements and authorizes staff to contract without solicitation of bids for the public work project titled Pump Station #8 Emergency Relocation, and to take such actions as necessary to carry out the intent and direction of this Resolution. Resolution 3089 Page 1