06/30/2022 | Press release | Distributed by Public on 06/30/2022 13:22
City orders demolition contractor to remove and replace fill material used at 7 residential demo sites as part of ongoing joint City and Land Bank review of 200 sites
The City of Detroit has sent a Corrective Action Letter to Den-Man Construction Services, ordering it to replace the fill material it used at 7 of its residential demolition sites after random testing revealed the material did not meet the city's contractual requirements or the state of Michigan Department of Environment, Great Lakes, and Energy Generic Residential Cleanup Criteria for direct contact. The City also is requiring Den-Man to immediately begin testing or replacement on another 127 sites of demolition it conducted as part of the city's demolition program around the same time.
Additionally, the Detroit Land Bank has sent its own Corrective Action Letter to Den-Man, ordering it to immediately test or replace the backfill at 57 demolitions it conducted for the Land Bank. Samples taken from 8 sites all meet EGLE Generic Residential Cleanup Criteria for Direct Contact, but do not fully meet the quality requirements under its contracts with the Land Bank.
The sites tested were selected randomly by statisticians at Wayne State University and all testing was conducted independently by the environmental company Professional Services Industries, Inc. (PSI), a nationally recognized consulting, testing and engineering firm.
"The City of Detroit has some of the highest contractual standards for backfill material used by contractors at demolition sites in the nation," said the Deputy Director of the city's Buildings, Safety, Engineering and Environmental Department Raymond A. Scott. "Whenever we become aware of a breach of contract instance, we require the contractor to address the situation at their own cost."
A total of 200 residential lots related to demolitions Den-Man conducted in 2017 and 2018 were flagged earlier this year by a representative of the Special Inspector General of the federal Troubled Asset Relief Plan (SIGTARP). While the SIGTARP official did not provide factual basis for his concerns, the city and the Land Bank chose to implement independent testing.
Under the city's demolition program, fill material must be provided from an approved source to be used as backfill at any demolition site to ensure that the city's standards are met. That backfill material is then covered with a minimum of one foot of topsoil from an approved source.
All sites under review involve demolitions that predate the city's voter approved Proposal N program and the formation of the new Detroit Demolition Department that runs that program. No questions have been raised about any demolitions conducted under this program or by the Demolition Department.
Below is a breakdown of the 200 properties, the results of the random testing, and what the City and the Land Bank are requiring of the contractor. Scott says people living next to these lots should refrain from direct contact, which includes coming into contact with bare soil, digging, etc. while this process takes place.
65 Hardest Hit Fund sites (Land Bank)
Corrective Action Plan
135 City of Detroit sites
Corrective Action Plan
The location of the seven (7) City demolition lots where Den-Man must immediately replace the fill material are:
The City and Land Bank are in the process of notifying residents adjacent to each of the vacant lots in question what is taking place and providing a number for them to call with any further questions.
The Correction Action letters the City and Land Bank have sent to Den-Man, along with lab reports for each of the 16 sites tested, are available online on the City of Detroit (BSEED) and Land Bank websites.
The 200 sites under review represent less than 1 percent of all city and Land Bank demolitions over the past 8 years. Since the city ramped up its demolition program in 2014 with the help of more than $250 million in federal Hardest Hit Funds, as well as city funds, it has removed more than 22,000 dangerous vacant buildings.
All excavated sites will be restored with a least one foot of topsoil, as well as grass seed and straw (once temperatures permit). If Den-Man does not respond to the city's and Land Bank's demands and begin work in a timely manner, the City will begin the process of testing and or replacing the fill material at all untested sites and will bill Den-Man for the full cost.
"Demolitions of blighted houses have improved the public health in virtually every neighborhood in the City. The Land Bank and City will continue to focus on public health and contractor accountability," said Detroit Land Bank General Counsel, Tim Devine.
Scott added that if the City is put into the position to pursue legal corrective actions from Den-Man for breach of contract to recover the costs, it will. "One way or another, we are going to make sure that the backfill material at these locations reflects our commitment to public health," Scott said.