Municipal staff are recommending Whistler buy its asphalt from Alpine Paving this year, despite the threat of legal action from the company over the controversy surrounding its right to operate.
The asphalt, however, cannot come from the plant at Cheakamus Crossing, which the municipality now says is in contravention of its zoning bylaws.
That plant still appears to be operating this week, despite an order from the municipality that it cease operations by May 13.
Alpine Paving also operates a plant in Squamish.
Council will decide the matter at a special meeting today Thursday May 26 at 9 a.m.
The staff report, which was posted online Tuesday afternoon, details how three bids were recently received in May from asphalt providers.
Alpine had the lowest bid of the three, and its price was 15 per cent lower than its 2010 unit rates.
Earlier this month, when Whistler's paving work was initially put out to tender, Alpine's bid was 10 per cent higher than its 2010 unit rates. It was the only bid received at the time.
But when council put the asphalt contract back out to tender, the price came down.
This week, Alpine's quote for the work was $500,000, including the cost to pave Day Skier Lot 5.
The next lowest was from BA Blacktop at $616,000, followed by Dawson Construction at more than $727,000.
The tender specifically stipulates that the asphalt for the contract, which includes municipal road works and valley trail and park paving, be produced at a facility outside of the municipal boundaries.
"This can be verified in the field by checking truck slips to determine the origin of the asphalt," the report states.
Last week council voted to take further action, asking the B.C. Supreme Court to declare the plant in contravention of the zoning bylaw. The petition cannot be heard in court until September.
Alpine Paving's owner Frank Silveri was not available for comment Tuesday afternoon.