HomeMy Public PortalAboutResolution 00-11 Clean Water ActCLEAN WATER ACT
RESOLUTION No.00-11
Whereas, the City of McCall is subject to the regulations of the
Clean Water Act, and in particular, the Surface Water Treatment
Rule; and
Whereas, the City of McCall retained James M. Montgomery
Engineering, Inc. now Montgomery Watson Americas ("Montgomery")
as its expert and professional advisor in water treatment to
select a method of compliance with the Surface Water Treatment
Rule, and to provide the City of McCall with a Water System
Master Plan to establish a plan and budget for achieving
compliance with the Clean Water Act and the Surface Water
Treatment Rule; and
Whereas, Montgomery prepared a Water System Master Plan - 1993
Revision, and presented its cost estimate and representation to
the City of McCall that a water treatment plant which would
achieve compliance with the Surface Water Treatment Rule would
have a maximum possible cost of 3.3 Million Dollars; and
Whereas, the City of McCall, relying on Montgomery's cost
estimate and representation, adopted the Water Master Plan - 1993
Revision, and adopted an Ordinance calling for a bond election to
raise the necessary funds required for the construction of the
water treatment plant based upon Montgomery's cost estimate and
representation; and
Whereas, the Citizens of the City of McCall passed the bond, and
Montgomery was paid approximately $850,000 for professional
engineering services for the completion of the design of the
water treatment plant for purposes of bidding; and
Whereas, the water treatment plant project was put out for bids,
competitive bids were received, and Contractor's Northwest, Inc.
was the low bidder at a price of $6,752,000, or more than double
the amount of Montgomery's estimate; and
Whereas, as a direct and proximate result of Montgomery's mis-
estimate of construction costs, the City of McCall's Master Plan
was rendered unusable; and
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Resolution No. 00-11
Passed & Approved June 8, 2000
Whereas, based upon Montgomery's Master Plan advice and
representations, the City of McCall had entered into a Voluntary
Consent Order to build the water treatment plant, and were under
Order from the Idaho Department of Environmental Quality to build
the water treatment plant; and
Whereas, following the bid opening, and based again upon
Montgomery's professional engineering advice, the City of McCall
split the water treatment plant into Phases, and entered into a
contract change order recommended by Montgomery for the
construction of Phase I of the water treatment plant by
Contractor's Northwest, Inc. and Phase I of the plant was
completed in 1997; and
Whereas, the City of McCall, again relying on Montgomery's
professional engineering advice, entered into a second Voluntary
Consent Order requiring completion of Phase II of the water
treatment plant by June, 2002; and
Whereas, the City of McCall initiated a lawsuit against
Montgomery in which Montgomery was found liable for having
breached its professional responsibility by negligently mis-
estimating the cost of the water treatment plant; and
Whereas, the City of McCall has received a guaranteed maximum
price proposal for the construction of the water treatment plant
and has been advised that the total project cost, including
construction administration and engineering will be approximately
$8,000,000; and
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 Voluntary 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
obtain appropriate funding for the completion of the compliance
effort and to enter into such contracts, agreements, and other
actions as is deemed necessary and appropriate for obtaining
funding for the construction of such works as are necessary to
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Resolution No. 00-11
Passed & Approved June 8, 2000
achieve the required compliance and approval of the appropriate
regulatory authorities; and
That, pursuant to Section 30-341, Idaho Code, the City
Manager 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.
That the City Manager of the City of McCall is further
authorized to enter into a contract with Contractor's Northwest,
Inc. for the construction of Phase II, if in the discretion of
the City Manager, and giving due
recommendation of the McCall Citizens
contract is the lowest cost alternative
compliance.
consideration to the
Water Committee, said
to achieve the required
PASSED AND APPROVED by the City Council on June 8, 2000.
A T 'T' E S T:
Cathleen A. Koch, City Clerk
(i..r 644 --
Allan Muller, Mayor
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Resolution No. 00-11
Passed & Approved June 8, 2000