Council agrees to extend waiver to get Brightwater tunnel back on track

March 15, 2010

Summary

Waiver will allow Executive to bring new contractor on tunnel project

Story

Facing a delay that could cost taxpayers millions and push back the start of the Brightwater Treatment Plant, the Metropolitan King County Council today agreed to a extend the waiver of the County’s standard procurement rules. The waiver extension, requested by the County Executive, will allow the County to bring on a new contractor to complete the BT-3 tunnel, part of the 13-mile-long conveyance system that will carry treated wastewater from Brightwater Plant to a new outfall in Puget Sound.

“The Council’s action today is critical because it will allow construction to get moving again on the Brightwater project,” said Council Chair Bob Ferguson, whose district includes cities—Shoreline, Lake Forest Park and Kenmore—that are located along the path of the Brightwater tunnel. “Taxpayers rightfully expect projects to be on time and within budget, and further delays on the Brightwater project are not acceptable.”

Last month, County Executive Dow Constantine determined an emergency existed when the current BT-3 tunneling contractor informed the County that it could not complete the mining for the BT-3 tunnel until December 2012 and at an additional cost of $98 million.

In order to get the BT-3 tunnel mining completed by 2011, the Executive has proposed switching to another contractor already on the project to complete the remaining two miles of mining.

The legislation adopted by the Council requires the Executive to brief the council on the terms and conditions of any new mining contract before the waiver applies to that contract. In addition, the Executive is required to provide the County Auditor with a cost-loaded schedule for the new mining contract, against which each month’s progress will be measured both in time and money.

The Council extended the waiver until December 31, 2011, but the legislation also gives the council the authority to terminate the waiver prior to that date (or extend it) along with ending any contracts entered into under the terms of the emergency waiver.