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DocuSign Envelope ID:69A9952D-E2CB-474F-8D93-7A4B9600DC9E <br /> RESOLUTION NO. 3016 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> ANACORTES, Washington relating to public works; authorizing the <br /> replacement and relocation of the existing wastewater plant outfall pipe, <br /> construction of an associated combined sewer overflow pump station, and <br /> decommissioning of associated existing infrastructure without following <br /> competitive bidding requirements in awarding the contract. <br /> WHEREAS the City is planning the replacement and relocation of the existing wastewater plant <br /> outfall pipe including marine work of laying approximately 1700 feet of outfall pipe underwater <br /> in the Guemes Channel; the construction of an upland outfall pipe from the wastewater plant to <br /> the beginning of the underwater portion of the outfall pipe; the construction of a new combined <br /> sewer overflow pump station to convey flows into the new outfall; and decommissioning the <br /> existing wastewater effluent outfall and combined sewer overflow outfall; and <br /> WHEREAS Section 70A.210.110 of the Revised Code of Washington provides a broad <br /> competitive bidding exemption for pollution control facilities improved by Cities; and <br /> WHEREAS Section 70A.210.020 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 70A.210.020 defines pollution control facility to include"any land,building, <br /> structure,machinery, system, fixture, appurtenance, equipment or any combination thereof,or any <br /> interest therein...to be used...in furtherance of the purpose of abating, controlling, or preventing <br /> pollution,"; and <br /> WHEREAS the City desires to use its sole discretion to select a contractor with the specific skills <br /> and qualifications to complete the project due to the unknown condition of the existing outfall and <br /> supports, the complexity of the marine environment, and the technical difficulties of the project, <br /> which is inconsistent with the competitive bidding requirements under Washington 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 existing <br /> wastewater plant outfall pipe, associated combined sewer overflow pump station, and <br /> associated existing infrastructure, are consistent with the definition of a pollution control <br /> facility in Section 70A.210.020 RCW. <br /> 2. The exemption from competitive bidding requirements for pollution control facilities <br /> provided by Section 70A.210.110 RCW applies to the improvement of the replacement <br />