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111-98 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No_________________ 111_-98 Passed_____ _________19_______ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEW TECH ROOFING, INC., WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND DECLARING AN EMERGENCY WHEREAS, the Dublin Recreation Center has suffered ongoing problems with the roof system since shortly after the facility was opened; and WHEREAS, the City's consultant indicates that, unless prompt corrective action is taken, the roof will continue to fail at an even greater rate once it is exposed to snow loading; and WHEREAS, the City has made extensive efforts in working with the design professionals and contractors from the Recreation Center project to facilitate the repair of the roof. However, to date since no such resolution is imminent, Council finds it necessary to promptly move forward with the repair of the roof prior to the onset of bad weather; and WHEREAS, Council, in order to facilitate the repair of the Recreation Center roof, finds it necessary to waive the competitive bidding requirements and enact this ordinance as an emergency. NOW, THE FORE, BE IT ORD.~INED by the Council for the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager is hereby authorized to enter into a contract with New Tech Roofing, Inc., a copy of which is attached hereto and incorporated herein as Exhibit A, subject to final modifications of this contract by the Law Director's office. Section 2. That for the reasons set forth above Council hereby waived the competitive bidding requirements as to this contract. Section 3. That Council hereby declares this Ordinance to be an emergency, necessary for the preservation of the health, safety and welfare of the citizens of Dublin in that the Recreation Center roof must be repaired on an expedited basis prior to the onset of winter, in order to ensure continued safe operation of this facility. Section 4. This ordinance shall therefore take effect upon passage. Passed this ~ "~ day o , ~-; 1998. ATTEST: r/ I I hereby certify that sop~es of this Ordinance~'Resolufion were pnsterl r the Clerk of Council City of Qvhlin is accardpnte witp Sertinn 731.25 of the Ohio Revised ode. fISS . C~~str Cosmt`I, ~::b!n, 0„io __ i -- .. MEMORANDUM TO: Dublin City Council and Timothy C. Hansley, City Manager FROM: Stephen J. Smith and Mitchell H. Banchefsky DATE: September 15, 1998 RE: Community Recreation Center In your Council packet you will find an ordinance authorizing the City Manager to execute a $68,144.00 contract with New Tech Roofing, Inc. for the purpose of repairing the Recreation Center roof. As you will note, this emergency ordinance also waives the competitive bidding requirement. This is based upon the fact that the City's consultant has determined that the roof system, located over the natatorium, is failing and in fact, will do so much more quickly this winter as a result of snow loading. Byway of background, as early as October 13, 1997, it was determined that there were problems with the Recreation Center roof. Investigation of the roof indicated that the roof was separating at the ridge and hip, over the natatorium area. Gaps of approximately two inches were visible showing a torn vapor barrier below the insulation, base and shingles. As a result, the City immediately retained a roofing expert who did a preliminary report as to the roof status. Since this discovery was not made until late in the building season, the general contractor, roofing contractor, several material suppliers, the architect and City staff met and established a procedure to temporarily repair the roof subject to further investigation. In the spring of 1998, the firm of C.C. Technologies was retained to do further investigation on the damage which was occurring over the natatorium. This testing revealed that the adhesive attaching the vapor barrier to the roof system had failed. Further investigation indicated that the materials supplied had been approved by the architect and installed as required by the manufacturer. It was further determined that the material utilized and approved by the architect was not recommended for this type of installation. Corrective action was sought and after several meetings, a proposed solution was developed. This solution which was developed jointly by the architect, the roofer, general contractor and the City staff eliminates the need to entirely strip the roof but will provide serviceability as well as an extended warranty once the repair is completed. However, to date, neither the architect, contractor, sub-contractors or suppliers have been willing to assume financial responsibility relating to the roof failure and subsequent repair. As such, the City will be pursuing all of its legal options in order to obtain reimbursement for any and all repair costs and related expenses from the aforementioned entities and/or their respective bonding companies. While the Law Director's office is working toward that end, the staff's immediate objective via the ordinance before you, is to move forward with the necessary repairs in order to prevent further deterioration and/or even a catastrophic failure this winter. Finally, it should also be noted that there are a variety of other issues which still need to be resolved with the architect and contractor regarding Phase One of the facility. A••• Please don't hesitate to contact this office if you have questions regarding any of the foregoing.