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Consent   1.I.
Regular City Council Meeting
Meeting Date:
08/11/2014
TITLE
Amendment #1 - Safetech Contract for Library Asbestos Abatement
PRESENTED BY:
Bill Cochran
Department:
Library
Presentation:

PROBLEM/ISSUE STATEMENT

On June 5, 2014, the Montana Department of Environmental Quality (DEQ) issued a violation letter (CVID #1763), regarding demolition of the old library building. The letter required additional asbestos inspection, testing, permitting, abatement and reporting, before any demolition work could proceed without potential "formal enforcement action, including the assessment of administrative or judicial penalties." After considerable communication among O2 Architects, of the design team; Jackson Contractor Group, the general contractor; Northern Industrial Hygiene, the project asbestos consultant; Owner's Representative Kris Koessl, of A&E Architects; Safetech, the project abatement contractor; and the Asbestos Control, Solid Waste, and Enforcement Divisions of DEQ, O2 Architects issued Architect's Supplemental Instruction (ASI) #57, directing that the Owner (the City) "contract with an abatement contractor to remove", in compliance with all DEQ requirements, "both the stockpiles of debris on the ground and that which is in the former basement." To maintain the possibility of completing the parking garden before next spring, Safetech has deployed and has been working to accomplish ASI #57, per the directions from DEQ.

ALTERNATIVES ANALYZED

Among alternatives analyzed were:

1. Do nothing
The demolition site would remain as it was, creating greater liability for the City, as the potential for trespassers being injured increased with each day. Traffic lanes on 28th and 29th would have continued to be blocked. The completion of the Library parking garden would be delayed to at least spring 2015, with increased costs.

2. Bid the Abatement Work
Upon issuance of ASI#57, staff could have put the required abatement work out for bid. The time required to develop bid documents, present a recommended bidder for City Council action, and deployment by the contractor would have delayed completion of the Library parking garden to at least spring 2015.

3. Direct Safetech to Proceed with the Abatement Work
With all work on the demolition project stopped by direction of DEQ, and with the potential of any delay in abatement to push completion of the parking garden to spring 2015, staff directed Safetech to continue its abatement work on the project, given its successful completion of work under its original contract and familiarity with the project.

FINANCIAL IMPACT

Approval of this amendment to Safetech's contract for asbestos abatement, to include the additional work required by Montana DEQ, will result in expenditures of Library unobligated reserves not to exceed $404,122.13. Payment to Safetech for this required work does not constitute acknowledgement by the City that all or any of these costs are the responsibility of the City and reimbursement will be pursued with responsible parties.

RECOMMENDATION

Staff recommends approving this amendment to Safetech's contract for asbestos abatement.

APPROVED BY CITY ADMINISTRATOR

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