HomeMy WebLinkAboutItem 8.4 Agmt Enviro Remediatio CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE' March 16, 2004
SUBJECT: Consideration of Declaration of Emergency Pursuant to Public
Contract Code Section 20168, Waiving Competitive Bid
Requirements and Authorizing City Manager to Enter Into an
Agreement for Environmental Remediation of the Civic Center in
an Amount Not to Exceed $220,000
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution (requires 4/5 vote for adoption)
2) Budget Change Form
/
RECOMMENDATION:/7/~ 1) Approve Budget Change in the amount of $220,000
2) Adopt resolution declaring an emergency and approving
<~ waiver of competitive bid process contract for
environmental remediation at Dublin Civic Center
FINANCIAL STATEMENT: The cost estimate, including contingency, for the environmental
remediation and restoration work is as follows:
Demolition and disposal o f material: $100,000
Environmental remediation & clearance: $ 20,000
Building Restoration $100,000
$220,000
The estimates for work include approximately 30% in contingency,
and since it is unknown what will be uncovered during material
removal, estimates are conservative to compensate.
The cost of the High Efficiency Particulate Air (HEPA) filter rental,
which is already being incurred, is $600 per day.
DESCRIPTION: The Civic Center sustained water intrusion during recent rain events,
and as a result, has experienced mold growth in several locations, primarily in the Police Wing. Staff
utilized the services of an environmental testing agency, and it has been determined that mold growth
occurred in the following areas (all but one in the Police Wing):
COPIES TO:
ITEM NO. 8.~__
g:Lmiscproj\water intrusion and mold remediationXagst waiver of bid
Two second floor offices
Public women's restroom on the first floor
Media/fingerprint room
Length of the main corridor
Evidence storage area
One first floor office in the Administrative Wing
The report generated by the specialist from the environmental firm indicated that the three offices should
be vacated and sealed, which has been done, and recommended that HEPA filter machines be provided to
remove airborne mold from the air, which has also been done. The report also outlined a program for
mold remediation, which includes demolition and removal of affected material (i.e., drywall and
carpeting), followed by cleaning and application of mold preventative. A certified industrial hygienist
would monitor and direct the removal of affected material and would certify the areas to be free of mold
as part of this process. The remediation would be followed by restoration of the affected areas.
Due to health and safety concerns for Staff working in those areas, as well as the need to restore the
affected areas of the building to full operation, Staff recommends that the City Council declare this
situation to be an emergency under Section 20168 and to waive the competitive bidding procedure under
Section 22050 of the Public Contract Code.
Staff has met with four potential contractors who perform remediation work and is anticipating receiving
proposals from the contractors at the close of business on Wednesday, March 17th. It is hoped that the
remediation work can begin as early as March 22nd. The estimates for work include approximately 30%
in contingency, and since it is unknown what will be uncovered during material removal, estimates are
conservative to compensate, If this work is authorized, Staff would generate a report to the City Council
for the April 6th City Council meeting which outlines the proposals received and the extent of work
performed to date, with resulting costs.
As outlined in a separate agenda item, it is proposed to utilize the Zahn Group for construction
management services and water intrusion investigation. The Zahn Group has performed this type of work
in the past on over a dozen public facility sites; most notably on six public school sites. The Zahn Group
would utilize the opportunity presented by the demolition work to begin its investigation while the wall
areas are open. The water intrusion investigation is separate from the remediation work. Once the causes
of the leaks are determined, it may be necessary to recommend additional projects to resolve the leaks.
Those projects would follow the normal requirements for competitive bidding as set forth in the City's
purchasing ordinance and the Public Contract Code.
The cost, including contingency, for the environmental remediation and restoration work is estimated at
$220,000. Since there are insufficient funds available in the Building Maintenance budget to cover the
cost of the remediation and restoration, it is proposed to fund the work from Unallocated Reserves
(General Fund.) The City will' pursue reimbursement by the City's insurance carder.
Staff therefore recommends that the City Council adopt the resolution declaring an emergency and
approving a waiver of competitive bid process - contract for environmental remediation at Dublin Civic
Center (requires 4/5 vote for adoption). It is further recommended that the City Council approve the
Budget Change in the amount of $220,000 from Unallocated Reserves (General Fund).
Page 2
RESOLUTION NO. -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF
COMPETITIVE BID PROCESS AND
EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION
IN DUBLIN CIVIC CENTER
WHEREAS, the Dublin Civic Center sustained water intrusion during several recent rainstorms;
and
WHEREAS, as a result of the water intrusion, it was found that several areas of the building are
harboring mold, which areas are therefore quarantined and not habitable as workspace; and
WHEREAS, it is necessary to remediate this condition in order to preserve the well-being of City
staff and in order that the building become fully functional again; and
WHEREAS, said remediation is so urgent as to preclude the time normally allotted for solicitation
of bids;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to
Public Contract Code Section 20168, finds that the public interest and necessity demand the immediate
expenditure of public money to safeguard the health of persons using the Civic Center and the Civic
Center building, without competitive bidding;
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to enter into a
contract for an amount not, to exceed $220,000 for remediation in the Civic Center, pursuant to Public
Contract Code Section 22050, in order to allow the remediation contract to go forward in a time manner;
BE IT FURTHER RESOLVED that this item is continued until the City Council meeting of April
6, 2004, at which time the City Council will review the emergency action taken;
BE IT FURTHER RESOLVED that the Council finds this project to be exempt from CEQA, as an
emergency project, pursuant to CEQA Guidelines, Section 15269,
PASSED, APPROVED AND ADOPTED this 16th day of March, 2004.
AYES:
NOES:
ABSENT:
ABSTAINING:
ATTEST: Mayor
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
__X__ From UnappropriatedReserves From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
From New Revenues Between Departments (City Council 'Approval Required)
Other
Name: Name: Building Ma/ntenance: Contrac,t $220,000.00
Services
Account #: Account #: 001.10500.740.000
Name: Name:
Account #: Account #:
Name: Name:
Account #: .Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Fin Mgr/ASD: ~~ ~ - Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: To fund the remediation of environmental contamination within
the Civic Center Building. Work items included removal of contaminated building materials, decontamination
of affected building areas and follow up testing for contamination prior to restoration. Updated scope to be
>resented to Council on April 6th.
City Manager: Date: Signature
Mayor: Date: Signature
Posted By:
Signature
fo~lb~gchng
RESOLUTION NO. 51 - 04
A RESOLUTION OF' THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID
PROCESS AND EMERGENCY CONTRACT FOR
ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER
WHEREAS, the Dublin Civic Center sustained water intrusion during several recent rainstorms;
and
WHEREAS, as a result of the water intrusion, it was found that several areas of the building are
harboring mold, which areas are therefore quarantined and not habitable as workspace; and
WHEREAS, it is necessary to remediate this condition in order to preserve the well-being of City
staff and in order that the building become fully functional again; and
WHEREAS, said remediation is so urgent as to preclude the time normally allotted for solicitation
of bids;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to
Public Contract Code Section 20168, finds that the public interest and necessity demand the immediate
expenditure of public money to safeguard the health of persons using the Civic Center and the Civic
Center building, without competitive bidding;
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to enter into a
contract for an amount not to exceed $220,000 for remediation in the Civic Center, pursuant to Public
Contract Code Section 22050, in order to allow the remediation contract to go forward in a time manner;
BE IT FURTHER RESOLVED that this item is continued until.the City Council meeting of'
April 6, 2004, at which time the City Council will review the emergency action taken;
BE IT FURTHER RESOLVED that the Council finds this project to be exempt from CEQA, as. an
emergency project, pursuant to CEQA Guidelines, Section 15269.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None ~
K2/G/3-16-04/reso-mold-~gency.doc (Item 8.4 ADDED) g:kmiseproj\water intmsionXreso emergency contract
CITY OF DUBLIN
· BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
X From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
From New Revenues Between Departments (City Council Approval Required)
Other
Name: Name: Building Maintenance: Contract $220,000.00
Services
Account #:
Account #: 001.10500.740.000
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Signature
REASON FOR BUDGET CHANGE ENTRY: To fund the remediation of environmental contamination within
the Civic Center Building. Work items included removal of contaminated building materials, decontamination
of affected building areas and follow up testing for contamination prior to restoration. Updated scope to be
~resented to Council on April 6th.
City Manager: Date:
Signature
Mayor: Date:
' Si~amre
Posted By: Date:
Silage
fo~s~budgchng