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Resolution 12471.94C �1�1 �Ipmipflrj A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 EDMONDS, WASHINGTON, AUTHORIZING THE MAYORDD . ANII STAFF TO DISPENSE WITH COMPETITIVE BIIINI REQUIREMENTS IN ORDER TO RESTORE A FAILING T I SEWER ON DAYTON STREET ROA1 I WEST OF THE BNSF RAIL TRACKS 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 storm sewer line, within the right of way of Dayton Street, constitutes an emergency within the meaning of RCW 39.04.280(l) (c); and WHEREAS, RC W 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 storm sewer emergency brought about by broken 24-inch concrete storm sewer line; and WHEREAS, the City Council finds and concludes that the immediate restoration of city utility systems on Dayton Street by contractors 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 requirements in order to contract for the restoration/replacement of approximately 65 feet of the existing 24-inch storm sewer on Dayton Street. • . I SANDRA S, CHASE APPROVED: 4MA Y60-R, -MI K E, C 0 Ol �, R FILED WITH THE CITY CLERK: 03-11-2011 PASSED BY THE CITY COUNCIL: 03-15-2011 RESOLUTION NO. 1247