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Resolution 1183RESOLUTION NO. 1183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR AND STAFF TO DISPENSE WITH COMPETITIVE BIDDING REQUIREMENTS IN ORDER TO RESTORE A FAILING ROADWAY EMBANKMENT ON TALBOT ROAD. WHEREAS, based upon the presentation of staff and the information contained in the public record, the City Council finds that the imminent failure of a public road way embankment, within the right of way of Talbot Road, constitutes an emergency within the meaning of RCW 39.04.280(1) (c); and WHEREAS, RCW 39.04.280(1) (c) authorizes the City to waive competitive bidding requirements in the event of an emergency, and WHEREAS, an emergency is defined by RCW 39.04.280(3) to mean an unforeseen circumstance beyond the control of the municipality that either: (a) presents a real immediate danger to the proper performance of an essential function; 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, the City Council has received the staff report of the Public Works Director and staff describing the roadway embankment emergency brought about by a failing storm water culvert; and WHEREAS, the City Council finds and concludes that the immediate restoration of city roadways and utility systems by contractors and consultants through negotiation rather than competitive bidding or selection is in the public interest, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Edmonds City Council hereby authorizes the Mayor and his designees to waive competitive bidding and consultant selection requirements in order to contract for the restoration of the embankment and culvert on Talbot Road. RESOLVED this 3rd day of November, 2008. APPROVED: MAY 4GHAnAtt-ENSON ATTEST/AUTHENTICATED: ).yJYi,R�4.� ,�• Lam._ CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 10/31/2008 PASSED BY THE CITY COUNCIL: 11/03/2008 RESOLUTION NO. 1183