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RESOLUTION NO. 1960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANACORTES, Washington relating to public works; authorizing the reconstruction and improvement of the City Wastewater Treatment Plant Outfall without following competitive bidding requirements in awarding the contract. WHEREAS, the City is planning to replace a portion of the Wastewater Treatment Plant outfall pipe, by which treated effluent is discharged into the Guemes Channel. The pipe to be replaced is located on wood pilings under approximately ten feet of backfill and located under water in a marine environment that is tidally influenced and adjacent to active shipping lanes and an active shipping facility. The exact condition of the pipe cannot be determined until construction begins; and WHEREAS, Section 70.95A.090 of the Revised Code of Washington provides a broad competitive bidding exemption for pollution control facilities improved by Cities; and WHEREAS, Section 70.95A.020 defines pollution as "any form of environmental pollution, including but not limited to water pollution, air pollution, land pollution, solid waste disposal, thermal pollution, radiation contamination, or noise pollution,"; and WHEREAS, Section 70.95A.020 defines pollution control facility to include "any land, building, structure, machinery, system, fixture, appurtenance, equipment or any combination thereof, or any interest therein ... to be used ... in furtherance of the purpose of abating, controlling, or preventing pollution ,"; and WHEREAS, the City desires to use its sole discretion to select a contractor with the specific skills and qualifications to complete the project due to the unknown condition of the existing outfall and supports, the complexity of the marine environment, and the technical difficulties of the project, which is inconsistent with the competitive bidding requirements under Washington law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Anacortes, Washington , that 1. The City Wastewater Treatment Plant and its related equipment, including the outfall to be improved with the Wastewater Treatment Plant outfall replacement project, are consistent with the definition of a pollution control facility in Section 70.95A.020 RCW. 2. The exemption from competitive bidding requirements for pollution control facilities provided by Section 70.95A.090 RCW applies to the improvement of the Wastewater Treatment Plant outfall replacement project.