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DocuSign Envelope ID:5C297E5E-ED11-4690-98CA-6B9D25622348 <br /> RESOLUTION 3089 <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 relocation of sanitary sewer pump station #8 and U Avenue <br /> bank stabilization, 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, in early January 2022 an unusually high tide and wind events <br /> destabilized the bank above the shoreline at the north end of U Avenue. Sanitary Sewer <br /> Pump Station #8 is located directly adjacent to this bank and was identified as being at <br /> risk of being involved in the sloughing bank. Emergency measures were taken at that <br /> time to temporarily protect the pump station; and <br /> WHEREAS, continued monitoring of the bank has identified that sloughing is <br /> continuing. In order to protect the pump station it has been determined that the pump <br /> station should be relocated approximately 100 feet southerly away from the bank and <br /> that measures should be taken to stabilize the bank to protect the adjacent sanitary sewer <br /> system and roadway; and <br /> WHEREAS, this sanitary sewer pump station#8 and the U Avenue bank are in a <br /> state of imminent potential for total failure which would cause property damage, bodily <br /> injury, and become a risk to human health; and <br /> WHEREAS, the relocation of sanitary sewer pump station #8 and U Avenue <br /> bank stabilization is "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 destabilization <br /> and sloughing of the bank at the north end of U Avenue and the resulting danger <br /> to sanitary sewer pump station #8 constitutes an emergency under RCW <br /> 39.04.280. Pursuant to RCW 39.04.280, the City Council hereby declares and <br /> certifies that an emergency exists requiring immediate relocation of sanitary <br /> sewer pump station#8 and U Avenue bank stabilization. <br /> Section 2. The City Council of the City of Anacortes, Washington hereby waives <br /> the bidding requirements and authorizes staff to contract without solicitation of <br /> bids for the public work project titled Pump Station #8 Emergency Relocation, <br /> and to take such actions as necessary to carry out the intent and direction of this <br /> Resolution. <br /> Resolution 3089 Page 1 <br />