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3947 Wheeler Road Sinkhole EmergencyRESOLUTION NO. 3947 A RESOLUTION DECLARING THE EXISTENCE OF AN EMERGENCY AND WAIVING AND DISPENSING WITH THE STATUTORY COMPETITIVE BIDDING REQUIREMENTS Recitals 1. 2. 3. 4. 5. 6. 7. 8. 9. The City of Moses Lake is a code city operating under the authority of Chapter 35A RCW. The City, under Title 35A.11 RCW and RCW 35A.13.230, has “… any authority ever given to any class of municipality or to all municipalities of this state…” The City has the authority to commence a public work without complying with the statutory bid requirements in an emergency situation under the authority given by RCW 35.22.620(6), RCW 39.04.280, and other Washington law. On Thursday, July 13, 2023, City staff became aware of a sinkhole in the westbound outside lane of Wheeler Road, east of Block Street, and attempted an initial repair through the placement of over two cubic feet of cold mix asphalt. City staff also utilized a camera to review the stormwater mainline which runs below the sinkhole. The camera review identified a past failure, which had attempted to be repaired by placement of a larger diameter concrete pipe to cover the broken section. The invert of the line was not repaired, resulting in stormwater eroding the material around the broken pipe, creating a large void, which is believed to be the cause of the sinkhole. On Monday, July 17, 2023 City staff again installed cold mix to repair the roadway. The sudden appearance of a sinkhole on a main arterial roadway was an unforeseen circumstance beyond the control of the City, and its placement directly within a wheel path created an emergency condition for the citizens of the City. The appearance and recurrence of said sinkhole presents a real, immediate threat to the health, safety, and welfare of the City of Moses Lake, including material loss and damage to property or bodily injury or harm. Therefore, an emergency exists, and complying with statutory bid requirements would unnecessarily delay the completion of delivery and installation of replacement traffic control equipment, and any increased costs associated with waiving the competitive bidding process will be outweighed by the costs associated with the traffic control equipment being out of service for an extended period. There are sufficient unexpended monies available for repairs in the appropriate street account to complete the repairs. Resolved 1. 2. 3. An emergency exists due to the recent appearance of a sinkhole on Wheeler Road, and it is imperative to implement a permanent repair as quickly as possible to preserve and protect the public’s health, safety, and welfare, and to prevent property damage and bodily injury. Because an emergency exists, under the laws of the state of Washington, the statutory bid requirements are dispensed with and waived for Wheeler Road repairs. This emergency condition was caused by the appearance of a sinkhole on Wheeler Road on July 13, 2023. Information has been delivered to Contractors in the area that are capable and qualified to perform this public work. Any and all actions taken by the Interim City Manager prior to July 25, 2023 in connection with this emergency and roadway repair work, including the selection of any Contractors and the execution of any contracts and other necessary documents, are hereby approved, confirmed, and ratified. Document Ref: IUXPN-KWCNE-PVSYJ-Q9CDF Page 1 of 2 Adopted by the City Council of the City of Moses Lake on July 25, 2023. _____________________________________ Don Myers, Mayor ATTEST: _____________________________________ Debbie Burke, City Clerk Document Ref: IUXPN-KWCNE-PVSYJ-Q9CDF Page 2 of 2 Signature Certificate Reference number: IUXPN-KWCNE-PVSYJ-Q9CDF Document completed by all parties on: 27 Jul 2023 18:14:23 UTC Page 1 of 1 Signer Timestamp Signature Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:26 Jul 2023 17:32:30 UTC Viewed:26 Jul 2023 18:43:49 UTC Signed:26 Jul 2023 23:24:55 UTC ✔Email verified 26 Jul 2023 18:43:49 UTC IP address: 166.205.97.126 Location: Houston, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:26 Jul 2023 17:32:30 UTC Viewed:27 Jul 2023 18:14:00 UTC Signed:27 Jul 2023 18:14:23 UTC ✔Email verified 27 Jul 2023 18:14:00 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.