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Resolution 10520006.90000 WSS/gjz 11/21/03 RESOLUTION NO. 1052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DECLARING AN EMERGENCY, ADOPTING FINDINGS WITH RESPECT TO SUCH EMERGENCY, AND RATIFYING A CONTRACT ENTERED INTO WITHOUT THE BENEFIT OF COMPETITIVE BIDDING. WHEREAS, large and unprecedented storm events overburdened the existing stormwater facilities of the City and undermined 5th Avenue, resulting in a sink hole and attendant damage to 5th Avenue and the City's infrastructure located beneath and adjacent to 5th Avenue; and, WHEREAS, this damage resulted in an emergency condition requiring the immediate shoring, mitigation, and other attendant construction necessary to stop the spread of the sinkhole, reroute traffic and other facilities and generally protect the public safety; and WHEREAS, such situation constituted an emergency within the meaning of RCW 39.04.280(1)(c) as well as a major disaster within the definition of RCW 38.52.020 and RCW 35.52.010(6) of the Washington Emergency Management Act, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby confirms the existence of an emergency arising from the storm events of November 2003 and in particular the storm events of November 19 and 20, 2003. {WSS557627.DOC;1/00006.900000/} - 1 - Section 2. Municipal contracts entered into by the Mayor without the benefit of competitive bidding procedures are hereby ratified. Pursuant to RCW 39.04.280(1)(c), the City Council hereby ratifies the contracts listed on the attached Exhibit A and incorporated by this reference as fully as if herein set forth waiving competitive bidding procedures and confirming the award of all necessary contracts on behalf of the City necessary to address the emergency. RESOLVED this 2„d day of December, 2003. APPROVE ),,,, MAYO , G Y AAKENSON ATTEST/AUTHENTICATED: ITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 11/26/2003 PASSED BY THE CITY COUNCIL: 12/02/2003 RESOLUTION NO. 1052 {WSS557627.DOC;1/00006.900000/} - 2 - Exhibit "A:" Fifth Avenue Drainage Emergency Contract List Contract #1: Hertz .Equipment Rental 19020 Highway 99 Lynnwood, WA 98036 For emergency water pump rental. Contract #2: Tri-State Construction 320 I. h Avenue NE Bellevue, WA 98009 For construction services associated with the repair of storm water damage on Fifth Avenue. {WSS557627.DOC;1/00006.900000/} - 3 -