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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