Title/Name/Summary
Lake Sedgewick 319 Grant
History
PROJECT:
Lake Sedgewick/153rd Street Metra Parking Lot BMPS, 319 Grant 3190605
PETITIONER:
Development Services Department
PURPOSE:
The purpose of this project is to install Best Management Practices (BMPs) for a wetland polishing system to reduce run-off pollutants from the new 153rd Street Metra Lot in order to help protect the water quality of Lake Sedgewick in Centennial Park.
DISCUSSION
In April 2009 the Village Board approved the selection of Lee Werner Excavating to construct Phase One BMPS for Lake Sedgewick. (Phase Two is not being constructed at this time because of costs that significantly exceed the project budget) Since that time, Werner has withdrawn from the project based on his inability to complete the required tasks in the project. A notice of default was sent to Mr. Werner via Ken Friker on May 6, 2009. Werner’s attorney replied with a waiver of the ten day notice. The Village is ready to proceed with the selection of a new contractor.
Staff contacted the next lowest bidder, Encap, Inc, who is still interested in the project and ready to move forward with construction at the end of May. The sooner the project is completed, the better for plant survival and establishment.
The second bid is higher than the first by a total of $18,826. The EPA has committed by email to apply an additional $11,000 to the grant, for a total EPA commitment of $108,614, but leaving a $7,826 unaccounted for balance. Lee Werner’s bid bond in the amount of $13,000 is another potential source of Village revenue. The Village Attorney and Werner’s Attorney are currently negotiating this issue. If the bid bond money is collected, it will completely compensate for increased cost to the Village for the second bidder. A 10% contingency is included in the bid number, and could be a possible source of funding if not used for other unexpected expenses.
In addition to Encap’s higher price, there was another important difference in Encap’s originally submitted bid. A separate line item was added by Encap in Phase II for possible path repair of $60,000 based on the worst case scenario of total path replacement. The existing path may be damaged during construction when the equipment is brought to the site to complete the work. The path is not in pristine condition, and expectation of total path replacement is not a reasonable burden on this project, and would make the project infeasible. However the contractor should be obligated to repair any damage that occurs to the path during construction. Encap has agreed to add a line item to Phase One in the amount of $3,343 to cover path repair costs. (included in the $18,826 total) Photographs will be taken to document current path condition and language will be added to the contract that states:
“Damaged path will be restored, at a minimum, to the general condition of the path prior to the start of construction. Cutting and patching of the asphalt is acceptable when the sub-grade has not been damaged and where a smooth durable surface suitable for walking and cycling results.”
In addition to $11,000 in additional funding, the Illinois EPA has offered to extend the grant deadline to as late as December 2009 so the project can be completed. It is noted that the Village has already invested approximately $26,524 in the project design costs that would be lost if the project is abandoned. The EPA contribution to the project construction and the water quality benefits for Lake Sedgewick will also be lost if the project is not constructed.
The sign cost has increased by $148 (from $815 to $963) because the price quote has expired and the new order will be only one sign rather than the originally quoted three signs for both phases of the project.
I move to approve the selection of Encap Inc. for the construction of Phase One Metra Parking lot BMPs in the amount of $153,383.
I move to approve the selection of Pannier Graphics for the construction and delivery of Phase One signage (one sign) at a cost of $963.00.
I move to amend the budget and authorize additional Village funding in the amount of $7,974 for a total Village share of $112,041.71 for the Lake Sedgewick/153rd Street Metra Parking Lot BMPs 319 Grant 3190605 project with the understanding that an attempt will be made to collect the bid bond amount of $13,456 from the first bidder.
Recommended Action/Motion
I move to approve the selection of Encap Inc. for the construction of Phase One Metra Parking lot BMPs in the amount of $153,383.
I move to approve the selection of Pannier Graphics for the construction and delivery of Phase One signage (one sign) at a cost of $963.00.