Lansing Brothers Construction_Amendment to Demolition Contract AwardMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
SUBJECT: Amendment to Demolition Contract Award from Section 404 Hazard
Mitigation Property Acquisition Demolitions Program for Abatement of
Asbestos - Containing Materials (Part 1) and Demolition of Structures (Part
II)
DATE: July 30, 2013
Planning Services Manager Laura Carstens recommends City Council approval of an
Amendment to the Demolition Contract awarded to Lansing Brothers Construction
Company for demolition of the flood- damages properties at 1711 Old Mill Road and
1654 Manson Road (garage). The original contract provided for demotion of the two
properties for a contract price of $17,750. As part of the pre - demolition investigation, an
abandoned water well was found on the property at 1711 Old Mill Road which the
contractor was unaware of when bidding. The Amended Demolition Contract provides
an additional $750 for abandoning the well, for a new contract price of $18,500.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dtie P':Aititaiy-
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
Sari
AII•America Cily
1111
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager"
SUBJECT: Amendment to Demolition Contract Award from Section 404 Hazard
Mitigation Property Acquisition Demolitions Program for abatement
of asbestos- containing materials (Part 1) and Demolition of
Structures (Part II)
DATE: July 19, 2013
INTRODUCTION
This memorandum transmits an amendment to the demolition contract awarded to
Lansing Brothers Construction Company. The contract was for the flood- damaged
properties at 1711 Old Mill Road and 1654 Manson Road (garage), and was awarded at
the May 20, 2013 City Council meeting. This contract is part of the Federal Emergency
Management Agency (FEMA) 404 Buy -Out Program. The FEMA 404 Program provides
funds for the City to demolish flood- damaged properties.
DISCUSSION
The original contract provided for demolition of the two properties for a contract price of
$17,750.00. As part of City staff and the contractor's pre - demolition investigation, an
abandoned water well was found on the property at 1711 Old Mill Road. The contractor
was unaware of the well when bidding the project and has requested an additional
$750.00 for abandoning the well. The new contract price is $18,500.00.
RECOMMENDATION
Planning staff recommends approval of the amendment to the Lansing Brothers
Construction Company Demolition Contract and authorizing payment for the new
contract amount for the additional $750.00 cost.
REQUESTED ACTION
The requested action is for the City Council to approve the amendment to the Lansing
Brothers Construction Company contract for properties at 1711 Old Mill Road and 1654
Manson Road, and to authorize payment for the new contract amount of $18,500.00.
Enclosures
cc: Kyle Kritz, Associate Planner
Bob Green, Water Department Manager
Mark Schneider, ECIA
Jennifer Walker, ECIA
AGREEMENT AMENDMENT #1
This Amendment, mutually agreed to by the City of Dubuque, Iowa, hereinafter referred to as "City" and
Lansing Brothers Construction, and hereinafter so referred to as "Contractor", hereby changes and
amends a certain Request for Quotes for Asbestos Removal and Demolition submitted by the Contractor
to the City. Contractor was subsequently awarded the work described therein by the City and Contractor
did accept and sign the Abatement and Demolition Services Agreement on May 20, 2013.
This Agreement is hereby amended as follows:
Additional work at 1711 Old Mill Road in Dubuque, Iowa, as follows:
Scope of Work
Removal of well pump
Filling of well casing with bentonite clay
Removal of steel well casing to below grade
Demolish and remove concrete manhole and backfill with solid fill
Well closure reporting
Total Change Order Request $750
Old agreement amount:
Amount increased:
New agreement amount:
All other terms and conditions of the agreement remain unchanged.
Date: August 5, 2013
City of Dubuque: t!
By: t-c
Roy Buol
Mayor
Contractor:
By:
a• Lansing
Lansing Brothers Construction
$17,750
$750
$18,500
July 5, 2013
LCIA
7600 Commerce Park
Dubuque, Iowa 52002
Attn: Jennifer Walker
Re: Change Order Request 141
City of Dubuque — House Demolition Project
Jennifer Walker,
As requested, we are submitting a proposal fbr the additional work at 1711 Old Mill Road in
Dubuque, Iowa. Our cost proposal and detailed scoped of work is as follows:
Scope of Work
Removal of well pump
Filling of well casing with bentonite clay
Removal of steel well casing to below grade
Demolish and remove concrete manhole and backlill with solid till
Haul away concrete debris
Well closure reporting
Total Change Order Request - $750.00
If you have any questions, you can contact me at 563 -543 -7360 (cell).
Respectfully submitted,
Chad Lansing
Lansing Brothers Construction
East Central Intergovern ntal Association
a regional resp to local needs
•
May 8, 2013
Laura Carstens
Planning Services Manager
City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001
Dear Laura:
ECIA
The bids submitted for §404 Hazard Mitigation Property Acquisition Demolitions Program
Abatement of Asbestos Containing Materials (Part I) and Demolition of Structures (Part II) for
the properties located at 1711 Old Mill Road and1654 Manson Road (garage) are as follows:
1). Lansing Brothers Construction Company, Inc., Luxemburg, IA — Not to exceed bid of
$17,750
2). Active Thermal Concepts, Hiawatha, IA — Not to exceed bid of $31,100
For more detail please see the attached bid tabulation recap sheet. It is ECIA's recommendation
that the City of Dubuque go with Lansing Brothers Construction Company, Inc. as were lowest
bidder.
Sincerely,
Nicole Turpin
Regional Planning Coordinator
1 Dubuque Metropolitan Area Transportation Study 1 Eastern Iowa Development Corporation 1
1 Eastern Iowa Regional Utility Services System 1 Eastern Iowa Regional Housing Authority 1 ECIA Business Growth, Inc. 1
1 Region 1 Employment and Training 1 ECIA Regional Planning Affiliation 1 Region 8 Regional Transit Authority 1
7600 Commerce Park, Dubuque, IA 52002 1 www,ecia.org 1 ecia @ecia.org 1
1 563.556.4166 1 Iowa only: 800.942.4648 1 Relay Iowa 800.735.2943 1 ft 563.556.0348 1
LETTER OF AGREEMENT
Project 5404 Hazard Mitigation Property Acquisition Abatement & Demolitions Program
for the City of Dubuque.
Contractor: Lansing Brothers Construction Co„ Inc.
Address: 101 First Street East, P.O. Box 36
City: Luxemburg, IA 52056
THIS AGREEMENT, entered into this . 20th day of May, 2013, is by and between the City of
Dubuque, Iowa, (hereinafter called the City), and Lansing Brothers Construction Co., Inc.,
(hereinafter called the Contractor).
WHEREAS, the City requires both asbestos abatement, dwelling and other structural
demolitions, basement removals, concrete, asphalt and masonry flatwork and other site
material removal; backfill and excavated site leveling to be performed in connection with the
above identified project; and
WHEREAS, the Contractor certifies to be qualified and willing to perform the work required in
accordance with the standards and criteria hereinafter set forth, and pursuant to the terns,
provisions and conditions hereof,
NOW, THEREFORE, the parties hereto mutually agree as follows:
The Contractor shall furnish all tools, equipment, labor and materials for the proposed
demolition in accordance with all applicable plans, specifications, codes and ordinances of
Dubuque, Iowa.
The Contractor will be required to maintain a valid Certificate of Liability Insurance for the
duration of the project. The Contractor must also remain in good standing as a Registered
Contractor through Iowa Workforce Development.
The Contractor will be paid contract price for all items satisfactorily completed. Such payment
shall be full compensation for demolition removal work including basement foundation, for
debris disposal, for furnishing and placing backfill, for site clearance, for all permits, licenses,
inspections, water and sewer disconnections, for complying with all laws, rules, regulations, and
ordinances, including safety, and for furnishing all material, equipment, tools and labor to
complete the work, in accord with the plans and these specifications listed in the signed and
awarded Request for Bid received by the City on May 8, 2013 from the Contractor.
Payment for the work completed shall be based on the following price:
TOTAL, not to exceed: $ 17,750.00
Contract term
The term of this Contract is 25 business days from the foregoing date. The contract: may be
extended as agreed by written mutual consent of the Applicant and Contractor.
Work Commencement
The work shall commence within five (5) days after being notified by the City and shall be
completed within 20 business days of the issuance of Notice to Proceed. Time extensions may
be granted for those portions of the project affected by inclement weather conditions.
The Contractor shall not begin work on the demolition project until after this contract
agreement signed by the Contractor and City and a completely executed copy has been
returned to the Contractor with Notice to Proceed.
Payment
Payment will be made to the Contractor within sixty (60) days after the completion and
approval thereof by the City Council. Payment shall be requested in writing by the Contractor on
a properly executed claim, bill or statement.
The Contractor agrees to perform all "extra work" which may be required to complete the work
contemplated at unit prices to be agreed upon in writing prior to starting such work, or if prices
or sums cannot be agreed upon to perform such work on a force account basis, as provided in
the specifications. All amendments to this contract shall be agreed to in writing.
During the performance of this contract, the Contractor itself, it's assignees and successors in
interest agrees to comply with the anti - discrimination laws of the State of Iowa, as contained
inn Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and
made a part of this contract. The Contractor must comply with the following laws and
regulations: Title VI of the Civil Rights Act of 1964 (P.L. 88 -352); Iowa Civil Rights Act of 1965
(Iowa Executive Orders 15 and 34); Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5309); the Age Discrimination Act of 1975, as
amended (42 U.S.C. 1601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended
(P.L. 93 -112, 29 U.S.C. 794); Americans with Disabilities Act (P.L. 101 -336, 42 U.S.C. 12101-
12213); Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701u) ; Title VIII of the Civil Rights Act of 1968, as amended; Federal Executive Order 11063,
as amended by Executive Order 12259; Federal Executive Order 11246, as amended.
Government - Mandated Provisions
Because this project activity is funded in whole or in part by the Federal Government, or an
Agency thereof, Federal Law requires that the Applicant's contracts relating to the project
include certain provisions. Depending upon the type of work or services provided and the
dollar value of the resultant contract, some of the provisions set forth in this Section may not
apply to the Contractor or to the work or services to be provided hereunder; however, the
provisions are nonetheless set forth to cause this Contract to comply with Federal Law.
Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(h) and (i).
A. Remedies. In the event that the Contractor defaults in the performance or
observance of any covenant, agreement or obligation set forth in this Agreement, and if
such default remains uncured for a period of five (5) days after notice of default has been
given by Applicant to Contractor, then Applicant may take any one or more of the following
steps, at its option:
a. by mandamus or other suit:, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the
Applicant hereunder, or obtain damages caused to the Applicant: by any such
default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. make no further disbursements, and demand immediate repayment from
Proposer of any funds previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable
to enforce the obligations and covenants of Contractor hereunder, including
but not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair,
damage or waive the right of Applicant to enforce the same or to obtain relief against or
recover for the continuation or repetition of such breach or violation or any similar breach
or violation thereof at any later time or times. In the event that Applicant prevails against
Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the
reasonable attorneys' fees and expenses incurred by Applicant.
B. Termination for Cause. Applicant may terminate this contract as set out in the
foregoing Section A (d).
C. Termination for Convenience. Applicant may Laminate this Agreement at it's
convenience at any time and is effective upon issuance. Delivery may be made by mail, phone,
fax or email.
D. Contractor shall comply with Executive Order 11246 of September 24,
1965, entitled "Equal Employment Opportunity," as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor
regulations (41 CFR Chapter 60). (Applies to all construction contracts awarded
in excess of $10,000 by grantees and their contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18
U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part
3). (Applies to all contracts and subcontracts for construction or repair)
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to
276A -7) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Applies to construction contracts in excess of $2,000 awarded by grantees and
subgrantees when required by federal grant program legislation, but does not
apply to projects paid for with disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by
Department of Labor regulations (29 CFR Part 5). (Applies to construction
contracts awarded by grantees and subgrantees in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of mechanics
or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or
invention which arises or is developed in the course of or under this Agreement,
Contractor is responsible for complying with requirements pertaining to patent
rights, as defined by the awarding agency. With respect to any publication,
documents, or data that arises or is developed in the course of or under this
Agreement, the Contractor is responsible for complying with requirements
pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain
communication with Applicant's personnel whose involvement in the project is
necessary or advisable for successful and timely completion of the work of the
project, including but not limited to the closing of specific transactions.
Communications between the parties shall be verbal or in writing, as requested
by the parties or as dictated by the subject matter to be addressed. During the
term of this Agreement and for the ensuing record-retention period, Contractor
shall make any or all project records available upon reasonable request, and in
any event within two (2) business days of request, to Applicant, Iowa Homeland
Security and Emergency Management Division (HSEMD), the Federal Emergency
Management Agency (FEMA), the Comptroller General of the United States, and
any other agency of State or Federal government, or the duly authorized
representatives of any of the foregoing, that has provided funding or oversight
for the project, for the purpose of making audit, examination, excerpts and /or
transcriptions. For purposes of this section, "records" means any and all books,
documents, papers and records of any type or nature that are directly pertinent
to this Agreement. Contractor agrees to furnish, upon termination of this
Agreement and upon demand by the Applicant, copies of all basic notes and
sketches, charts, computations, and any other data prepared or obtained by the
Contractor pursuant to this Agreement, without cost and without restrictions or
limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Contractor shall not be liable for the Applicant's
use of such documents on other projects.
J. Retention of Documents. Contractor shall maintain all project records
for a minimum period of three (3) years after the date of final payment for
services rendered under this Agreement.
K. The Contractor shall comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act: (42 U.S.C. 1857(1%
Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR Part 15). (Applies to
contracts, subcontracts, and subgrants of amounts in excess of $100,000)
L. Energy Efficiency Standards. The Contractor shall comply with
mandatory standards and policies relating to energy efficiency that are
contained in the State Energy Conservation Plan issued pursuant to the Energy
Policy and Conservation Act (Public Law 94 -163, 89 Stat. 871). [53 FR 8078,
8087, Mar. 11, 1988, as amended at 60 CFR 19639, 19645, Apr. 19, 19951.
M. Bonding requirements. The minimum bonding requirements are as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid
price. The' bid guarantee" shall consist of a firm commitment such
as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon
acceptance of his bid, execute such contractual documents as may be
required within the time specified. Applicant agrees to release this
bond upon Contract execution.
Applicant hereby acknowledges receipt of the following:
(1) A performance bond on the part of the contractor for 100 percent of
the contract price. A "performance bond' is one executed in
connection with a contract to secure fulfillment of all the contractor's
obligations under such contract.
(2) A payment bond on the part of the contractor for 100 percent of the
contract price. A " payment bond' is one executed in connection with
a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for
in the contract.
Contractor: Approved and Accepted:
/4 /iii (Uc; ego 't e S l 70(acrc1)NC1'ry OF D UQU :
By' /
0 By: I L-
Date: "7 Title:
Date: May 20, 2013
Mayor