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