Explanation
BACKGROUND: This legislation authorizes the Finance and Management Director to modify a contract, on behalf of the Office of Construction Management, with Dore & Associates Contracting, Inc. to pay for costs related to an acceptable delay associated with the demolition of the 109 North Front Street building. Ordinance No. 1494-2013, passed by City Council on July 1, 2013, authorized the original contract.
The Office of Construction Management became aware of a previously unidentified asbestos-containing concrete floor topping in the 99 North Front Street portion of the overall demolition of the "109 N. Front Street Demolition Project". This negatively affected the city's ability to properly complete the demolition. The addition of asbestos to the concrete flooring was likely done while the building was constructed in 1927 to make the flooring lighter.
Despite an extensive and compliant review of environmental remediation laws and regulations by the American Standard of Heating, Refrigeraion, and Air Conditioning Engineers (AFSRAE), this asbestos-containing concrete floor topping was not discovered until the demolition project was well underway. The professional services for the city's demolition plan were performed by HKI Associates and their sub-consultant Lawhon & Associates. Neither they nor the demolition contractor, Dore & Associates, had encountered this type of construction material locally.
After demolishing the asbestos free areas (other than the 99 North Front Street portion), the heavy demolition equipment provided by Dore & Associates Contracting, Inc. sat idle while removal of the floor topping was completed. A modification of the contract is necessary to compensate Dore & Associates Contracting, Inc. due to the additional time involved with removing the asbestos containing lightweight concrete floor topping and the subsequent delay in demolishing the balance of the building shell.
Even factoring in this delay claim, the city s...
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