2004-94
6 October 2004
Page (l) of (2)
CITY OF JANESVILLE
RESOLUTION NO. 2004-094
A Resolution authorizing the City Administration to enter into a contract on behalf of the
City of Janesville as one of the Principal Responsible Parties and parties to that contract
for additional remedial actions at the Janesville Disposal Facility.
WHEREAS, the City of Janesville is one of the Principal Responsible Parties (PRPs)
involved in various Federal, State and private claims, actions and/or regulations arising
from and pertaining to the Janesville Disposal Facility and the Facility's environmental
remediation and clean-up; and
WHEREAS, the City of Janesville is a party to a certain Consent Decree dated the 30th
day of January, 1992, issued in the Western District Federal Court for the State of
Wisconsin in Case No. 91-C-999-S, which Consent Decree orders the City of Janesville
together with the other PRPs to undertake, implement, and maintain various remediation
activities required by the Court, the United States Environmental Protection Agency
(EPA), and the Wisconsin Department of Natural Resources (DNR); and
WHEREAS, the Janesville Common Council previously adopted Janesville File
Resolution Nos. 91-412 and 96-2060 pertaining to this environmental litigation, Consent
Decree, and matter; and
WHEREAS, the proposed remediation contract bid from the contractor identified in the
attachments hereto, a true and correct photocopy of which bid is attached hereto and
incorporated herein as if fully set forth, was received by the PRPs after an advertisement
for bids was issued by the PRPs, was reviewed by the Janesville Committee of Public
Works, and is acceptable; and
WHEREAS, the contract for remediation is not solely a City of Janesville contract, is a
contract of the PRPs and in which all of the PRPs are parties and principals as
administered and represented by the PRPs Executive Committee, and is a contract and
project of which the City of Janesville is not the sole owner or principal; and
WHEREAS, the Common Council of the City of Janesville hereby finds that the City of
Janesville's entry into and making of such remediation contract, as one of the PRPs, is
consistent with the requirements of law, the Consent Decree, and in the best interest and
benefit to the City of Janesville.
6 October 2004
Page (2) of (2)
CITY OF JANESVILLE
RESOLUTION NO. 2004-094
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville, that it hereby authorizes the City Manager of the City of Janesville and such
other City officials as is necessary or desirable to execute and enter into, on behalf of the
City of Janesville and with the City of Janesville's participation solely as one of the
PRPs, the proposed remediation contract with the contractor identified in the attachment
hereto;
BE IT FURTHER RESOLVED, that the City Manager and his designees are hereby
authorized to negotiate, draft, execute, amend, enter into, record and/or file this and such
additional documents, contracts, papers, and agreements, and to otherwise act in such
manner as the City Manager may, from time to time, determine necessary and/or
desirable to effectuate the purpose( s) and intent of such contract and this Resolution,
which should be literally construed to those legitimate ends and purposes;
BE IT FURTHER RESOLVED, that the Common Council's above approval and
authorizations are conditioned upon entry into said proposed remediation by the other
applicable PRPs and/or the PRPs' Executive Committee which binds such PRPs thereto.
ADOPTED:
October 11, 2004
MOTION BY: Paul Williams
APPI)0VED: 2.
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Steven E. Sheiffer, City Manager
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SECOND BY: Craig DeGarmo
COUNCILMEMBER
AYE NAY PASS ABSENT
WELLNITZ, TIM
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BRIEN
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WILLIAMS
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APPROVED AS TO FORM:
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City Attorney ~
WELLNITZ, TOM
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STEEBER
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DeGARMO
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Proposed by: ENGINEERING DEPARTMENT
Prepared by: ENGINEERING DEPARTMENT
ADDIE
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