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File #: 2010-0149    Version:
Type: Motion Status: Passed
File created: 2/22/2010 In control: Committee of the Whole
On agenda: Final action: 3/15/2010
Enactment date: Enactment #: 13188
Title: A MOTION extending a waiver from competitive bidding and solicitation requirements for contracts relating to completing the tunnel mining portion Brightwater's BT-3 tunnel.
Sponsors: Bob Ferguson
Indexes: Brightwater
Attachments: 1. 13188.pdf, 2. A. Executive Determination of Emergency and Waiver from Competitive Procurement Requirements for the Brightwater Project's BT-3 Tunnel, 3. 2010-0149 Transmittal Letter.doc, 4. 2010-0149 Staff Report BT-3 waiversr 022410, 5. 2010-0149 Map of proposed Brightwater Treatment Plan, 6. 2010-0149 Staff Report BT-3 waiver khm 3-3-10, 7. 2010-0149 Staff Report BT-3 waiver 031010 khm, 8. A. Executive Determination of Emergency and Waiver from Competitive Procurement Requirements for the Brightwater Project's BT-3 Tunnel, 9. 2010-0149 Staff Report BT-3 waiver (03-11-10)revised sr (2)
Staff: Mountsier, Beth
Drafter
Clerk 03/11/2010
title
A MOTION extending a waiver from competitive bidding and solicitation requirements for contracts relating to completing the tunnel mining portion Brightwater's BT-3 tunnel.
body
WHEREAS, the King County executive on February 18, 2010, issued an Executive Determination of Emergency, declaring that further delays in the mining of Brightwater's BT-3 tunnel and the associated delay in completion of the Brightwater project could result in sanitary sewer overflows and sewer backups in homes and businesses, the loss of usefulness of a planned public facility, the Brightwater treatment plant, and a resulting financial loss to King County and thereby constitutes an emergency, a copy of the determination is attached to this motion, and
WHEREAS, in accordance with K.C.C. 4.16.050.A. and 12.52.030.B.2., the Executive Determination of Emergency also waived the competitive procurement requirements of state and county law, stating in relevant part as follows:
"In order to respond to such emergency, the requirements of K.C.C. 4.04, 4.16, 4.18, 12.16 and 12.18.095 and, pursuant to RCW 38.52, the requirements of competitive bidding and public notice are hereby waived with reference to any contract relating to county's lease or purchase of supplies, equipment, personal services or public works as defined by RCW 39.04.010 for Brightwater's BT-3 tunnel, or to any contract for the selection and award of professional, technical and construction contracts for the same," and
WHEREAS, under K.C.C. 4.16.050.A. and B., such a waiver stays in effect until terminated by order of the executive, terminated by action of the council by ordinance or it expires, which is ten calendar days after there have been contracts entered into, which combined, encumber funds either in excess of two hundred fifty thousand dollars or in excess of appropriation, unless the council extends the waiver by motion beyond the ten day period, and
WHEREAS, the county executed a con...

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