HomeMy Public PortalAboutResolution 01-15 J-Ditch Phase II CWAJ DITCH PHASE II/CLEAN WATER ACT
RESOLUTION NO. 01-15
Whereas, the City of McCall is subject to the regulations of the Clean Water Act, and in
particular, the Amended Consent Order entered into on or about December 10, 1999, by
and between the City of McCall and the Idaho Department of Health and Welfare,
Division of Environmental Quality; and
Whereas, the City of McCall retained JUB Engineering, Inc. as its expert and
professional advisor in sewer treatment to select a method of compliance with the
Amended Consent Order and to provide the City of McCall with a sewer treatment
system to establish a plan and budget for achieving compliance with the Clean Water Act
and the Amended Consent Order; and
Whereas, the sewer treatment plant project, J Ditch Phase II, was put out for bids,
competitive bids were received, and St. Clair Contractors, Inc. ("St. Clair"), was the low
bidder at a price of three million nine hundred thousand nine hundred thirteen and 68/100
dollars ($3,900,913.68); and
Whereas, the City of McCall terminated St. Clair by letter dated February 2, 2001; and
Whereas, the Surety, Wausau Insurance Companies ("Wausau"), hired Interwest Supply,
Inc. ("Interwest"), to perform St. Clair's obligations under the contract; and
Whereas, Wausau and Interwest have not completed the project as required by the
Amended Consent Order and has refused to perform in compliance with the Contract;
and
Whereas, the City of McCall has notified Wausau that it intends to correct defective work
on the project that may result in a temporary discharge to the NFPR, and
Whereas, the City of McCall has notified Wausau that it is considering termination for
default,
Now Therefore, It is hereby RESOLVED:
That the City Manager of the City of McCall is hereby authorized and directed to
obtain compliance with the Clean Water Act by compliance with the Amended Consent
Order between the City of McCall and the Idaho Division of Environmental Quality; and
That the City Manager of the City of McCall is hereby authorized and directed to
take prudent and reasonable steps to complete the Contract and comply with the Clean
Water Act and the Amended Consent Order and to enter into such contracts, agreements,
and other actions as is deemed necessary and appropriate to complete the construction of
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August 23, 2001
Resolution 01-15
such works as are necessary to achieve the required compliance and approval of the
appropriate regulatory authorities; and
That pursuant to Section 50-341, Idaho Code, the City Manager of the City of
McCall has the authority to dispense with bidding requirements if the City Manager, in
his discretion, makes a declaration that only a single source for goods and services,
required to achieve compliance with the health and safety requirements of the Clean
Water Act, is reasonably available and necessary based upon a determination that
competitive bidding is impractical, disadvantageous, or unreasonable.
PASSED AND APPROVED by the City Council on the 23rd day of August,
2001.
ATTEST:
(b,71(.ei cti
Cathleen A. Koch, City Clerk
Allan Muller, Mayor
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August 23, 2001
Resolution 01-15