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HomeMy WebLinkAbout11-19 RESOLUTION NO. �� A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Declaration of Emergency issued by the City Manager on March 29, 2019. WHEREAS, a Declaration of Emergency was issued by the City Manager on March 29, 2019, a complete copy of which is attached; and i WHEREAS, City Council has reviewed the facts and circumstances that prompted the jDeclaration of Emergency. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Port Angeles: That the Council hereby finds that the facts recited in the Declaration are true and correct; and i That on the basis of those facts, the Council finds and declares that the Declaration of Emergency issued by the City Manager on March 29, 2019, was justified and appropriate; and p That the City Council affirms and ratifies (1) the Declaration of Emergency issued by the I City Manager on March 29, 2019 and(2) all actions authorized by that Declaration. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the tj I day of July, 2019. Sissi Bruch, Mayor ATT ST: / Kari Martinez-Bailey, C' c APPR VEDAS TO FORM: zoow���William E. Bloor, City At orney i /''"1 y DECLARATION OF EMERGENCY I,Nathan West, the City Manager of the City of Port Angeles find that the following facts exist: 1. The City's Parks and Recreation Department has reported to me that during the recent winter storm events chunks of insulation had broken loose from Locomotive Train, located at 200 East Lauridsen Boulevard, and were laying on the ground inside of the gated area. Once discovered, it prompted the department to hire Northwest Abatement Services,Inc.to do tests on the debris. On March 29, 2019 it was learned that significant amounts of asbestos was found in the dislodged insulation. This type of material is very friable and needs to be handled right away,especially in the current condition and public access around it. Prior to removal,the contractor will create a containment around the locomotive to perform the abatement in a manner acceptable to laws and regulations with Olympic Region Clean Air Agency(ORCAA)as well as Washington State Labor and Industries;and 2. Uncontained asbestos in the open environment is known to create a risk of adverse health impacts to susceptible people;and 3. People in the vicinity of the locomotive and downwind of the locomotive might suffer adverse health reactions unless the asbestos is immediately collected, contained, and removed to a safe disposal site; and 4. The existence of the asbestos in the open environment creates an emergency that necessitates utilization of emergency powers granted pursuant to RCW 35.33.081 and RCW 38.52.070(2). Now, therefore, by the authority granted to me under State law and by the City Council, I hereby declare that an emergency exists in Port Angeles due asbestos released into the open environment. By virtue of this declaration,City departments are authorized to do the following: 1. Enter into contracts and incur obligations necessary to combat such emergency situations to protect the health and safety of persons,the preservation of property,and the continuity of city operations; and 2. As necessary, activate those portions of the City of Port Angeles Comprehensive Emergency Management Plan necessary to combat the effects of the asbestos released into the open environment. Each City department is authorized to exercise the powers vested under this resolution in light of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements). This Declaration is subject to confirmation by resolution of the City Council at the earliest practicable opportunity. DATED this 29'x'day of March,2019. Nathan West,City Manager Attest City Clerk INVOICE msNORTHWEST ABATEMENT SERVICES,1 - PO BOX 39220 Invoice No:6514-01 LAKEWOOD WA 98496-0220 Date:5/13/2019 "°,dwdAM~%,°°a`"(253) 588-0440 Customer Number:CTYPTANG Cust. Order# Cust. Job# 2019-1771 Bill To:CITY OF PORT ANGELES Description:LOCOMOTIVE BOILER ASB 308 E FOURTH ST. 200 E LAURIDSEN BLVD. PORT ANGELES WA 98362 PORT ANGELES WA 98362 Description of Work Completed Extended Price ASBESTOS ABATEMENT OF THE BOILER ON A LOCOMOTIVE. 38,040.00 INTENT#971794 AFFIDAVIT TO FOLLOW. Original Contract Amount: 38,040.00 Change Orders: 0.00 Revised Contract Amount: 38,040.00 100.00% Complete: 38,040.00 Less Previous Billings: 0.00 Less Retainage: 1,902.00 Terms:UPON RECEIPT Subtotal: 36,138.00 Sales Tax: 3,309.48 Amount Due Now: 39,447.48 'ir`s :'tor rr ,inti ,g��/�r%, Ir ti linri1i'e L>r; JI" Pale I o'i'; 3/28/2019 Sent: Via E-Mail To: Mr. Corey Delikat Phone No: (360) 417-4551 Port Angeles Parks& Recreation Department Email : cdelikat@cityofpa.us 308 East 4h Street Port Angeles, WA 98362 RE: Asbestos Abatement Quotation Bid Number: 2019-1771 Locomotive Boiler Asbestos Abatement 326 E Lauridsen Blvd Port Angeles, WA 98362 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to remove the asbestos containing materials, as per our scope of work listed below, at the address listed above for the sum of: $38,040.00 PLUS APPLICABLE SALES TAX SCOPE OF WORK Northwest Abatement Services,Inc.proposes to provide labor,equipment,materials,and disposal to perform the following: Licensed Asbestos Abatement workers to properly remove and dispose of the exposed and accessible asbestos containing boiler insulation from the Locomotive Per the site visit with Jim Breitbach. A sample was taken of the insulation and results were positive for asbestos. Due to the Class I removal methods, pipe scaffolding will be erected around the perimeter of the fencing and over the top of the locornotive.The scaffolding will then be wrapped in 9-12 mil shrink wrap to create a containment for the abatement crews. The abatement crews will remove all exposed and accessible asbestos containing insulation frorn around the boiler as they can without removing any parts to the locomotive.If any parts are needed to be removed to gain access to the remaining insulation,work will stop and the owner will be notified with options. Nothing will be removed without the permission of the owner. All asbestos abatement work will be performed inside of a HEPA filtered,6 mil poly containment. Power and Water are very crucial and will need to be provided for work to take place. Permits and the required air monitoring are include in the prong. Permits will be filed with Washington State Labor and Industries(L&t) as well as Olympic Region Clean Air Agency(ORCAA).These permits do require a 10 working day wait before the abatement process can begin. Prevailing'Nage Rates have been included in the pricing. A copy of perrnils, air clearance reports,and a letter of completion will be provided to the owner if requested. Authorize:laiyuafur: —� Name and title. Chris Stephens, Estimator l�i) ISr 'rl)'fla4 1 ,:al._I .�:�•'� ) �;.i.t�;rVl=lflali�t�__1�;;�I;Ii�al-;�1t�_ �i•�Il:lti ;`-��-�II�':Vh1q )).,tl0&iI Hill 'll f t i.ru.'<1ti;'�-"t)ItIf i>1�'aXfih� Corey Delikat 2019-1771 Pale 2 of 3 CONTRACT CONDITIONS/EXCLUSIONS 1. Price includes Liability Insurance for Two (2) Million do'lars ($2,000,000) 2.. Price includes applicable Permit Fees, 3. Price includes applicable disposal fees. 4. Price does not include Sales Tax. 5. Price is based on power and water being provided by the Owner/General Contractor. 6. All work will be performed in accordance with EPA, WISHA and OSHA standards. 7 Price excludes replacement of any and/or all items removed, unless otherwise specified in the special conditions sections of this contract. 8. Northwest Abatement Services, Inc. will not be responsible for the removal of any and/or all furnishings, etc., from the area of abatement. 9. Northwest Abatement Services, Inc. will not be responsible for tape and/or staple damage to walls, floors, finishes, etc., which may occur while constructing our containment. 10. Price excludes a performance bond. If required to be provided by Northwest Abatement Svcs, Inc., please add 3%to the above price. SPECIAL CONDITIONS AND EXCLUSIONS x PAYMENT TERMS: NET DUE ON RECEIPT VISA/MASTERCARD/DISCOVER/AMERICAN EXPRESS accepted. All contracts $5000.00 or larger in which a TOTAL of$5000.00 or more is paid by a credit card will incur a 2.5% processing fee. "** Finance Charge of 1.5 %will be paid on past due balances. Corresponding Annual Rate of 18% Minimum Finance Charge. -Northwest Abatement Services,Inc.,reserves the right to withdraw this proposal if not accepted within 30 days- Acceptance of Proposal. The above prices, specifications, rondition/exclusions and Scope of work as specified on page ; are Satisfactory and are hereby accepted. You are authorized to proceed with the work as specified.Payment will be trade as out fled above In case suit or action is commenced to collect on this mote or any potion thereof, I promise to pay,in addition to the costs provided by statute,such sun,as the court may adiudge reasonable as attomey's fees therein, (inchiding any action to onfofce the judyrnont and this provision as to attorney's fees and costs shall survive the ud<meat.11, the costorrrer. also acknowled e receipt of Constarction Lien Notice Prifif Name �I _ i S Da(e Cf Accep,ance3 17 / I(acceplad,please sign and relwrn INS proposal ii,its entirely "�I�iI, „il uiu t ict d a i u b( ,nnix io Page 3 of 3 �t sr�,, Department of Labor and Industries �° MODEL DISCLOSURE STATEMENT Construction Compliance -, .. NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration no northas066tn.and has posted with the state a bond or deposit of $12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is 12/18/2019 . THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIPJI THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12,000.00 that you and other customers,suppliers, subcontractors,or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract: YOUR PROPERTY MAY BE LIENED If a supplier of materials used in your construction project or an employee or subcontractor of your contractoror subcontractors is not paid,your property may be liened to force payment and you could ' pay twice for the same work. FOR ADDITIONAL PROTECTION YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL"LIEN RELEASE" DOCUMENTS FROM EACH SH)PLIER OR SUBCONTRACTOR AT YOUR PROJECT. The contractor is required to provide you with further information about lien release document if you request it. General information is also available from the state Department of Labor and Industries. I have received a copyofthis disclosure statement. Dated this Z t day of /VN'G of the year 2 OI Signature of Customer The contractor must retain a signed copy of the disclosure statement in his or her fifes for i minimum of three year's. and produce a signed or electronic signature copy of the disclosure statement to the department upon request. 1'625-0>0-000 uhodel disclosure: statement notice to customer 08-2007