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93-8068r25 RESOLUTION NO. 8068 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR REMOVAL OF ASBESTOS MATERIALS ON AN EMERGENCY BASIS AND WITHOUT COMPETITIVE BIDDING WHEREAS, the City has undertaken a project to remove and replace the roof on the Richfield Ice Arena, which project was awarded to G & B Construction, Inc. after competitive bidding;.. and WHEREAS, on October 20, 1993, in the course of performing its work under the contract, G & B Construction, Inc. and the City discovered that the roofing materials on the Richfield Ice Arena contained asbestos; and WHEREAS, the Minnesota Pollution Control Agency advised the City on October 20, 1993, that the City was required to immediately remove the asbestos- containing roof materials in compliance with applicable regulations and further advised the City that failure to immediately commence asbestos abatment would subject the City to a substantial fine; and WHEREAS, G & B Construction, Inc. does not have the capability to perform asbestos abatement in compliance with applicable regulations; and WHEREAS, on October 20, 1993, the City obtained a quote from Safe Air Systems, Inc. for the performance of the asbestos abatement work in the amount of $15,500 to $20,000 for removal of asbestos materials on the ground and $39,750 for removal of the asbestos materials remaining on the ice arena roof; and WHEREAS, Safe Air Systems, Inc. is qualified to perform the asbestos abatement work and was available to commence work immediately; and WHEREAS, the Richfield City Charter provides that contracts for the repair or alteration of real property in excess of $15,000 must be competitively bid, unless the Council shall otherwise provide by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RICHFIELD, MINNESOTA: 1. The discovery of the asbestos roofing materials on the Richfield Ice Arena was unanticipated and presented an emergency situation, for the following reasons: a. State and federal laws required immediate abatement of the asbestos, under penalty of significant fines . b. The presence of asbestos materials, in a friable condition, presented a potential health hazard, which required immediate action. c. A portion of the ice arena roof has been removed, and the structure is exposed to damage from the elements, which requires prompt action to complete the removal of asbestos materials so that the roof can be replaced under the existing contract with G & B Contractors, Inc. 1 ~, 2. Due to the existence of this emergency, it is not practical, prudent, or in the public interest to competitively bid the contract for removal of the asbestos- containing roof materials according to Section 6.05 of the City Charter or Minnesota Statutes, Section 471.345. 3. The City Council hereby ratifies the contract to Safe Air Systems, Inc. for clean up of asbestos materials on the ground of the Richfield Ice Arena in an amount not to exceed $20, 000 and further awards a contract in the amount of $39,750 to Safe Air Systems, Inc. for removal of the remaining asbestos roof materials . Adopted this 25th day of October, 1993. Martin J . Ki eh, Mayor ATTEST: ~.~Zsvl~it~0 T f Thomas P . Ferber, City Clerk 2