HomeMy WebLinkAboutResolution 4132 Authorizing the Award of an Alternative Project Delivery Contract for Remediation of Asbestos Ore at the CMC East Main Cecra Facility,~
COMMISSION RESOLUTION N0.4132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AUTHORIZING THE AWARD OF AN
ALTERNATIVE PROJECT DELIVERY CONTRACT FOR
REMEDIATION OF ASBESTOS ORE AT THE CMC EAST MAIN
CECRA FACILITY.
WHEREAS, the City of Bozeman purchased .property within the CMC Asbestos
CECRA Facility (hereinafter "Facility") in order to build a new public library.
WHEREAS, the City of Bozeman submitted a Voluntary Cleanup Plan ("VCP")
pursuant to the Voluntary Cleanup and Redevelopment Act ("VCRA"), Mont. Code Ann. §§ 75-
10-730 through 738, to the Montana Department of Environmental Quality ("DEQ") in order to
remediate asbestos contamination within the Facility. The DEQ approved the City's VCP on
October 22, 2002. The City implemented the VCP and its addendums and submitted a voluntary
Cleanup Completion Report for the CMC East Main Depot Site in August 2004.
WHEREAS, the DEQ issued an additional scope of work for the Facility on November
22, 2006. The City prepared a Supplemental Investigation Work Plan, which was approved by
the DEQ on December 6, 2007.
WHEREAS the City, as designated lead potentially liable person for the Facility under §
75-10-746, MCA, has performed certain voluntary remedial actions at the Facility to investigate
and remediate contamination at the Facility; and
WHEREAS the City will satisfy the requirements of the November 22, 2006, Scope of
Work (SOW) and remaining contamination at the Facility will be addressed through two
addenda to the DEQ-approved 2002 Voluntary Cleanup Plan (VCP). The addenda must address
accessible asbestos contamination and any contamination to which exposure is likely based on
current or reasonably anticipated future uses. Based upon available information the first
addendum to the VCP must provide for excavation and encapsulation in the Wallace Avenue
utility corridor, removal of asbestos contamination under Wallace Avenue and in areas adjacent
to the south and east sides of Harrington's southern building addition, removal of accessible
asbestos. contamination on Empire Building Materials property, and any required confirmation
sampling.
WHEREAS, § 18-2-502, MCA, authorizes the City to use an alternative project delivery
contract. A governing body that uses an alternative project delivery contract shall determine that
the proposal meets at least two of the sets of criteria described in § 18-2-502, MCA, subsections
(2)(a) through (2)(c) and the provisions of subsection (3).
WHEREAS, Facility cleanup under the 2002 VCP must be completed within the time
constraints specified in § 75-10-736, MCA, and therefore the project has significant schedule
ramifications and using the alternative project delivery contract is necessary to meet critical
deadlines by shortening the duration of construction.
WHEREAS, the scope of the project is highly technical in nature, such that only
contractors accredited to remediate and dispose of asbestos are qualified to perform the contract,
the project therefore presents significant technical complexities that necessitate the use of an
alternative delivery project contract.
NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of
Bozeman, Montana:
Section 1
That Chris Kukulski, Bozeman City Manager, is authorized to execute on behalf of the
City of Bozeman an alternative delivery project contract for remediation of asbestos ore at the
CMC East Main CECRA Facility.
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Section 2
That Chris Kukulski, Bozeman City Manager, will insure that the contract will be
awarded in an appropriate manner that will not encourage favoritism or bias nor substantially
diminish competition, by conducting the process in such a manner that only qualified contractors
will be eligible, and that the award will be based upon experience and expertise of the
applicants.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 13th day of October, 2008.
\ G~.t^
KAAREN JACOB N
Mayor
ATTEST:
S A LME
City erk
APPROVED AS TO FORM:
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TIM COOP
Assistant City Attorney
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