HomeMy WebLinkAboutMinutes 1997 - 1998F. P. Cr C. MEMORANDUM
To: Chair and Members
Flood & Pollution Control Commission
From: Richard J. Figurelli
Date January 15, 1997
Subject: CANCELLATION OF THE January 15, 1997 MEETING
The Chair, in accordance with the previous Commission decision concerning the
Commission's desire to meet on an as needed basis, has canceled the January 15,
1997 meeting.
For your information, copies of the progress reports on construction activities are
enclosed. Also, a copy of the minutes from the December 16, 1996 City Council
Meeting are enclosed for citizen members to provide information on the award of
bids for Phase VII.
FROM THE DESK OF...
RICHARD I. FIGURELLI
SUPERINTENDENT
EVANSTON WATER DIVISION
555 LINCOLN STREET
EVANSTON, ILLINOIS 60201
(847).866.2942
Fax: (847)•475.8851
CITY OF EVANSTON
CITY COUNCIL. MEMORANDUM
cor Information Only _
Scheduled For Committee Consideration Committee Flood & Pollution Control
Scheduled For Council Consideration Introduction
March 11, 1997
TO: Chair and Members
Flood and Pollution Control Commission
FROM: Richard J. Figurelli
Superintendent of Water & Sewers
Adoption
SUBJECT: CANCELLATION OF THE MARCH 19,1997 MEETING
The Chair, in accordance with the previous Commission decision concerning the
Commission's desire to meet on an as needed basis, has canceled the March 19, 1997
meeting.
For your information, copies of the progress reports on construction activities are
enclosed
Xcd J. Figurer
Disposition: Adopted .—. _ Not Adopted Held Over To
"DRAFT', NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
May 14,1997
Members Present: Alderman Joe Kent
Alderman Dennis Drummer
Margaret Wold
Mark TerMolen
Ned Lauterbach
David Urban
Members Absent: None
Staff Present: Judith A. Aiello, Interim Public Works Director
Richard L Figurelli, Water & Sewer Department
Regina R. Lookis, Water & Sewer Department
David Stoneback, Water & Sewer Department
Others Present: Tom Rowlett, Harza Environmental Service, Inc., (HES)
Larry Olson, HES
John Velon, HIES
The Flood & Pollution Control Commission met on May 14, 1997 in the A.ldermanic Library at the Civic
Center. Alderman Joe Kent presided as chair of the meeting. The Chair called the meeting to order at
7:10 P.M..
MUSUIES
'The minutes of the December 4, 1996 meeting were unanimously approved.
Margaret Wold informed the Commission that she had a previous commitment in the building at 7:30.
She requested moving forward Item IV of the agenda as it required action by the Commission. The
Commission moved to Item IV, the Harza Request for Additional Compensation, Phase VI Design.
J
FPCC NHNUTES
MAY 14, 1997
Page 2
REVIEW OF ENGINEERING CONTRACTS
Harza Request for Additional Compensation - Phase VI Design
Rich Figurelli briefly summarized Harza's request for additional compensation to the Phase VI design
contract in the amount of $328,000. He explained that this increase was due to the changes and
additions in the original scope of work at the City's request. Included in the $328,000 was $52,000 for
the updated facilities plan. This was required by the IEPA to continue eligibility for low interest loan
funding and had to be done on an immediate basis. The results of the hydraulic study indicated that
additional relief sewers & drop shafts are needed to capture the storm flows east to Sheridan Rd.. This
results in an increase in design costs of $164,000. It was also determined that additional watermain
replacement is necessary to avoid main breaks during the tunneling operations which results in an
engineering cost of $93,000. Also the existing combined sewer along Onington Ave. is grossly
undersized and must be replaced to prevent basement flooding.
Ned Lauterbach commented on previous Commission discussions of changes in the original scope of
work He was aware that they would eventually result in a need for additional design costs associated
with these tasks.
Ned Lauterbach made a motion for the FPCC to recommend approval to City Council for the Additional
Harza Design Costs for Phase VI in the amount of $328,000. Alderman Drummer seconded the motion.
Mr. Lauterbach noted that while the cost of Phase VI goes up, in contrast there is some savings in the
additional Phases. He asked historically how many adjustments to design contracts have taken place in
the past. Tom Rowlett, HES, stated that he believed there had been changes to Phase IV and V due to
significant changes in the scope of work from the original facilities plan.
Tom Rowlett explained that the increase in dropshafls and relief sewers in Phase VI is due to the need
to capture the drainage east of Sheridan Rd.. and to insure that the system is able to absorb the flows
from the downtown area. Experience %vith the tunnel installation along Greenwood and the numerous
main breaks indicates that it is critical to replace the water main along the tunnel route to prevent this
occurrence on Noyes Ave.. It has also been determined that regardless of how much the flow is
restricted into the existing combined sewer on Orrington, it is grossly undersized and will surcharge
unless the size is increased.
The Commission voted on the motion to recommend to Council approval of the Additional
Compensation to Harza for Phase VI design in the amount of $328,000. The motion was unanimously
approved.
LONG RANGE SEWER IMPROVEMENT CONSTRUCTION UPDATES
Rich Figurelli referred Commission members to the written status reports supplied in the packets.
Alderman Drummer asked what the status of die Phase VI C and D contracts with DiPaolo is and when
the landscaping %vill be completed. He emphasized that citizens were extremely frustrated with the time
delays and something needed to be done. He does not like making promises to constituents and not
having them met. He asked what can be done to get this work going. Larry Olson stated that DiPaolo
had been notified of pending liquidated damages due to failure to complete punch list items. Basically,
at this time we are waiting on landscaping and striping. It was asked if anyone else could do the work.
FPCC 1 MiMS
MAY 14, 1997
Page 3
Long Range Sewer Improvement Construction Updates - coot.
Discussion took place regarding notifying DiPaolo that if the work is not completed, the City will hire
the landscaping through another contractor and deduct this amount from the DiPaolo contract. A
motion was made to notify DiPaolo if the work was not completed in the Phase VI C and D contract
completion date, then the landscape restoration will be deleted from the contract (after consultation with
the City attorney). The motion was unanimously approved.
Ned Lauterbach asked staff's opinion on work being done on the Phase V A and B contracts. Larry
Olson indicated that L.J. Keefe (Phase VA) has shown himself to be extremely cooperative, though
sometimes needs a little help along the way. Szabo Contracting, Inc (Phase VB) is also extremely
cooperative and has not presented a problem.
The commission discussed the level of MBFJEBE participation by the contractors and asked if a penalty
could be established for future contracts in the event of failure to meet the requirements. Tom Rowlett
stated that we would need to discuss this with the IEPA to insure that this would not jeopardize firading.
Initially the IEPA had concerns over the City's mandatory 15% requirement but that we could certainly
discuss this with the IEPA and inform the Commission of the results. He added that there had only been
one past contract in which the MBE requirements were not met.
Alderman Drummer asked if any of the past contractors had dramatically exceeded the MBE goal. Mr.
Olson responded stating that Marino is the only contractor to greatly exceed the requirement, the other
contractors had just barely met the requirements. The Commission discussed the training program and
the feeling that the Union training has had the most benefit. The program has evolved into leading to
Union membership. The MBE coordinator will be involved in the tracking process to see the overall
outcome of the training. Jobs are obtained by responding to advertising in the Evanston Review,
meetings that are held by the contractors, and fliers.
LONG RANGE SEWER IMPROVEMENT PROGRAM DESIGN UPDATES
Rich Figurelli briefly summarized the status of design for Phases VII, VIII, IX and X. Judith Aiello
informed the Commission that we will need to rebid portions of the Phase VII and Phase VC projects.
Bids were received earlier on these projects, however, due to the delay in funding they are no longer
valid. Ms. Aiello indicated Harza will have costs associated with the additional bid process and may
need to seek a change order to cover these costs. Tom Rowlett emphasized the importance of being
completely ready, with design and bids in hand when funding becomes available. Most of the 1EPA
funding that has been obtained has been a result of bypass monies when other communities are not ready
at the right time.
OTHER BUSINESS
Judith Aiello asked if there is a desire or need to update the new Alderman on the Long Range Sewer
Improvement Program as a whole and the current status. Alderman Kent felt it extremely important to
both provide an overall view to the new alderman and to consistently provide bits of update to the
Council. In this way everyone is kept informed.
FPCC NIINUTES
MAY 14, 1997
Page 4
Blasting Report
Charles Yang presented the Commission with a report on blasting. He had collected data throughout
the blasting on Main Street and prepared an analysis to determine how to improve the process for the
future. He stated that blasting began 55 to 65 feet below the surface to a depth of around 250 feet. The
Main Street connection to the deep tunnel took a total of 47 blasts and the Phase VI connection to the
deep tunnel will require around 60 total blasts. The Main Street blasting project received 17 complaints
with total compensation in the amount of $5,000. The main compensation was for cracked windows.
The typical damage is from vibration causing cracking plaster or window breakage. It was interesting
that the properties in dose proximity did not experience the greatest number of complaints but rather
the complaints came from farther away due to the air pressure. Mr. Yang discussed the analysis of the
decibel level necessary to reduce damage and the changes in the specifications that have been adopted
to try to minimize problems. The area around the Phase VI blasting operation will be video taped to
document any problems. Public meetings will be held as well as a letter of notification sent to all affected
residents.
Rich Figurelli distributed a memorandum dated January 8, 1997 describing the overall status of all of the
projects in the Long Range Sewer Improvement Program.
There being no further business, the meeting was adjourned at 9:20 p.m.
Respectfully Submitted,
G�
Regina K Lookis
"DRAFT, NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
JULY 31,1997
Members Present: Alderman Joe Kent
Margaret Wold
Ned Lauterbach
Members Absent: Alderman Dennis Drummer
Mark TerMolen
David Urban
Staff Present: Max Rubin, Interim Public Works Director
Richard J. Figurelli, Water & Sewer Department
Regina R. Lookis, Water & Sewer Department
David Stoneback, Water & Sewer Department
Greg Ramon, Water & Sewer Department
Stephanie Steen, City Manager's Office
Others Present: Alderman Ann Rainey; Alderman Melissa Wynne; Tom Rowlett,
Harza Environmental Service, Inc. (HES); Larry Olson, HES; John
Velon, HES; Dan Gallagher, HES; Mrs. P. T. Horton, 2328
Lincolnwood Dr.; Kay Morgan, 2335 Lincolnwood Dr.; Karen Korn,
3014 Colfax St.; Monique Whitny, 2400 Marcy; Bob Seidenberg,
Evanston Review; Ben Goad, Evanston Clarion; Rhonda Woodard,
2431 Marcy; John Ansehl, 2340 Marcy
The Flood & Pollution Control Commission met on July 31, 1997 in Room 2404 at the Civic Center.
Alderman Joe Kent presided as chair of the meeting. The Chair called the meeting to order at 7:10 P.M..
Alderman Kent began introductions of the Commission members, City staff, and representatives of
Harza Environmental Services. He informed those present that one of the primary purposes of tonight's
meeting was to provide an overview of the Long Range Sewer Improvement Program, its origin and
current status, to new members of City Council.
MIMES
Due to the lack of quorum, the chair held the review and approval of the May 14, 1997 minutes until
the next scheduled FPCC meeting.
FPCC NIINUTES
JULY 31, 1997
Page 2
PRESENTATION - LONG RANGE SEWER IMPROVEMENT PROGRAM
Overview of the System
Rich Figurelli introduced Tom Rowlett, HES, to present the overview of the system. Mr. Rowlett briefly
outlined the history of the system. The original sewer system in Evanston was built between 1870 and
1920 and is a single pipe system. At the time of its installation it was state of the art, however, as the
population expanded, streets were paved, and storm water was diverted from east of Ridge Avenue to
the North shore channel, the system was not designed for the volume. Mr. Rowlett explained that during
a light rain, the system works fine. He presented visual aids of how the existing system works, by
combining water from household sewer laterals and water from street inlets into the central pipe in the
street. When moderate to heavy rain exists, the pipe in the street fills to capacity (surcharges) and water
backs up to the lowest level (basements). This happens in Evanston in even 2 month to 6 month
occurrence storms.
Historically, the problem with the original sewer system in Evanston has been studied many times to
determine a solution to the flooding problems that date back to the early 1900s. Each time, two basic
answers were brought forth. Either completely replace the existing combined sewer with larger pipes.
Or, add a complete new separate storm sewer system to handle storm events and disconnect the existing
system from the street inlets. The problem with both of these answers was that the cost is exorbitant
and ranges in 1990 dollars from between 320 and 390 million dollars. In the 1980s the City went out
for proposal to develop a facilities plan for the system to try and address the problem as economically
as possible. This time a new solution was developed to control the problem at half the cost.
Mr. Rowlett explained the new system which combines two basic concepts; restricting the flow to the
existing combined sewer system and conveying that flow to new pipes in low lying areas. Mr. Rowlett
provided visual aids depicting how the system works by placing restrictors in the street catch basins
where relief sewers are not installed. This prevents more water than the existing combined sewer can
handle from entering the system. The water flows along the curb lime to the lower areas where new relief
sewers are installed. During a heavy rain storm the system is designed so that while water will pond
along curbs, as the rain subsides the water will slowly enter the existing combined sewer or flow toward
the new relief sewers.
Ms. Woodard asked how much rain is a 2 month occurrence rain storm and if the phasing of the project
shouldn't be done to address those areas that flood in the event of the 2 month rain occurrence. Tom
Rowlett explained that a 2 month rain event is approximately '/2" of rain in a one hour period.
Construction of the system must be installed in the down stream sections first so that the water has
someplace to flow into. Basically, the phasing of the project had to be done from the North Shore
Channel outward.
Ms. Horton asked if there is a variation in the depth of the system. Mr. Rowlett explained that the
elevation of the system is critical. Many factors are considered including the soil conditions, topography
and existing utilities so that the system can be designed at the optimum elevation.
FPCC MIIVUTES
JULY 31, 1997
Page 3
Project Financing
David Stoneback, Evanston Water & Sewer Department, distributed an article which showed the amount
of funds that have been loaned out as a part of the Illinois Environmental Protection Agency (IEPA)
revolving loan program. He stated that of the 750 million dollars distributed to date, Evanston has been
awarded approximately $70 million. He believes Evanston is the largest recipient next to the
Metropolitan Water Reclamation District of Greater Chicago. The IEPA loan program has provided
financing for the bulk of the sewer improvement work in Evanston. These loans are at interest rates
between 3.59% and 2.86% or roughly'/2 the going bond rate. Roughly 95% of the Long Range Sewer
Improvement Program is eligible for IEPA funding. The remaining work is funded by General
Obligation Bond Funds. This is due to the more extensive restoration work that has been incorporated
into the projects, including full width street restoration, renovation of some of the commercial areas, and
water main replacement.
Mr. Stoneback explained that a $5 million dollar ]EPA loan, saves the City approximately $2.2 million
dollars in loan repayments as compared to obtaining funds through the G.O. Bonds. It is estimated that
the City will save over $40 million dollars in debt service by funding the bulk of the improvements
through these low interest loans.
Mr. Stoneback explained the method of calculating the Sewer Service Charge which is used to generate
the monies to cover the cost of the operation of the system, general capital costs, and repayment of the
debt service. Each year the budgeted costs are reviewed and the sewer service charge is adjusted to
reflect the costs.
Project Scheduling
Tom Rowlett explained how the project has been scheduled. Relief sewers must be installed first so that
when restrictors are installed in the existing combined system the water has somewhere to flow. Mr.
Rowlett provided visual aids depicting the areas in the City where relief sewers have been installed, relief
sewers are under construction, and where design is underway. He then proceeded to explain the status
of the installation of restrictors. To date, there are two areas of the city where both the relief sewers and
the restrictors are installed. The first is the area south of Oakton and west of Ridge Ave.. The second
area that is fully protected is the north central part of the city bounded by Isabella, the North Shore
Channel and the Metro Rail.
Ms. Horton asked if it is necessary to trench when restrictors are installed. Tom Rowlett and David
Stoneback stated that some trenching is required in association with the restrictor installation contracts.
FPCC MDRMS
JULY 31, 1997
Page 4
Minority Participation
Dan Gallagher described the program that had been put together to incorporate minority participation,
job training and employment opportunities to Evanston residents as a part of the Long Range Sewer
Improvement Program. He first described the 15% goal for M[BEAVBE participation in the HARZA
engineering contracts. He went on to explain the three components in the construction contracts;
MBE/WBE required participation of 15% with a goal of 25%; the job training program; and the
Evanston employment program. Thirty-eight (38) eligible persons have completed the job training
through die sewer contracts and are employed. The program is geared to successfully training applicants
by working with the unions and resulting in the acquisition of a union card. Mr. Gallagher informed
members that since the inception of the Sewer Program over $576,000 has been paid to Evanston
residents.
Mr. Gallagher stressed that the incorporation of the participation requirements and goals into the Sewer
Program has had extremely positive results.
Ben Goad, Evanston Clarion, asked how many Evanston residents were currently at work on the Sewer
projects. Larry Olson, RES, stated that currently there are only two contracts under construction and
approximately 12 Evanston residents are employed on these projects.
Alderman Kent commented that the goals included in this program have been Evanston's first attempt
to go for long term employment at the individual level.
LONG RANGE SEWER IMPROVEMENT CONSTRUCTION UPDATES
Phase IV, Contract D
Larry Olson stated that this contract is essentially complete with all items to be completed by Friday,
August 1, 1997.
Phase V, Contract A
Larry Olson explained that while die work is behind schedule on this project the contractor is completing
the work to quality specifications. He is learning in the process and may not have entered the job with
the management background to coordinate a job this size. He is however improving and has hired new
management to facilitate better scheduling. He explained that Phase V, contract A is essentially the
tunnel from Payne to Hartzell. The original completion date was set for September 17, 1997. He does
not believe that date will be met but feels all work will be completed this year.
Phase V, Contract B
Larry explained that Phase V, contract B is being handled by Szabo Contracting, Inc. This work is all
open cut sewer construction and is anticipated to be completed near the target date of September 25,
1997.
FPCC MINUTES
JULY 31, 1997
Page 5
Phase VII, Contract A
Larry Olson explained that this contract has just recently been let. The contractor is currently in the
process of mobilizing and work should begin soon. Several residents were in the audience to share their
concerns with construction in this Phase of the Sewer Program.
Mr. John Ansehl, a resident on Marcy Ave., commented that he is very concerned that the contractor
for Phase VII, Contract A is the same as that of Phase V, Contract A. The delays in Phase V, Contract
A have been critical. He has witnessed a great deal of destruction to the parkways, vegetation, and
general environment. Frankly it looks like Beirut. He expresses his extreme concern on the placement
of the shaft at Colfax and Marcy. He stated he did not believe the street was viewed prior to making that
decision. The large equipment will destroy the trees. This neighborhood is in a 1.50 year old oak forest.
Oak trees have a very shallow root system that will be damaged by the vibration and compaction on the
surface caused by heavy equipment. He stated lye could not understand why the shaft is placed at this
intersection when one block over on Lawndale there are hardly any trees.
Tom Rowlett, Harza, responded to Mr. Ansehil's concerns. He stated that many factors must be
considered when designing the system. The hydraulics of the system must be met foremost. The design
is attempted in a manner to meet hydraulic requirements, soil conditions, existing utility requirements,
economics and environmental concerns. One of the issues in this particular case is that in the event the
shaft was moved to Colfax and Lawndale, a second shaft would still be necessary at Marcy and Colfax
and the project costs would increase substantially. He explained that the shaft will be at this intersection
for about 18 months. However, it will not be in operation that entire time but will be covered with heavy
timbers similar to the intersection of Main and Dodge a couple years back. The shaft area will be
approximately 30 feet in diameter. Larry Olson informed residents that it will take two to three weeks
to dig the shaft and mobilize equipment. The next 2 to 3 months work will be taking place at the shaft
site. The site will then be covered and dormant for approximately the next four months. When the site
is reopened work will continue for about 8 months until the site is closed and restored.
Ms. Horton, a resident on Lincolnwood, asked where all the equipment will be parked. Mr. Olson stated
equipment will be parked along the street and stored in the parkway as there is no other alternative. Ms.
Woodard, resident on Marcy, expressed concern over the haphazard distribution of materials in Phase
V. She reiterated that she did not believe Marcy was viewed prior to the decision to construct the shaft
at that location. She felt the neighborhood is unique with its exceptionally old and beautiful oak trees.
Mderman Kent emphasized that all neighborhoods are unique and critical and important. He stressed
the importance of establishing a working relationship with the contractor to address as many of the
concerns as possible. Mr. Ansehl commented that lie understood that construction is disruptive,
however, lie felt it extremely important that the contractor approach the project in an orderly fashion.
FPCC MINUTES
JULY 31, 1997
Page G
Phase VII, Contract A (Cont)
Alderman Rainey commented on the portion of the sewer project that was completed in the southern part
of Evanston. She emphasized that it was a nightmare during the entire construction process. She also
stated that the results do outweigh the nightmare as there is no flooding. But it still does not diminish
the fact that during construction, it will be a nightmare. She felt it important that it is our job to reduce
the negative impact as much as possible. She asked for response to two issue; 1) Was consideration
given to the landscape in the design of Phase VII, Contract A and 2) How will Harza interact with the
contractor to reduce the concerns of the neighborhood. Alderman Wynne added her concern over what
issues where looked on the surface when the design was prepared.
Tom Rowlett, Harza, responded to the alderman's concerns. He emphasized that Harza and City staff
both felt that trees are extremely important and actually it is for this reason that much of the sewer work
has been constructed using tunneling techniques. This method is often chosen out of respect for the
trees, curbs and sidewalks in a community. However, it does not eliminate the disruption required by
the shaft work or the materials that are necessary for the job. The intersection of Marcy and Colfax was
required as a drop shaft site due to hydraulics. To date, we have not seen any wide scale loss of trees.
Harry will be working closely with the contractor to ensure a more organized approach to construction.
It was decided to hold meetings with the neighbors and contractor at the construction site to try and
make adjustments where possible and alleviate their concerns. Alderman Rainey emphasized that when
adjustments are made it is important to remember that one persons solution is often another's nightmare.
LONG RANGE SEWER IMPROVEMENT PROGRAM DESIGN UPDATES
Phase VI Design and Phase VIH, LAC, & X
Tom Rowlett referred to the information included in the packet regarding the status of Phase VI, VIII,
IX and X design. Keeping these projects underway is important to maintain readiness for future funding.
OTHER BUSINESS
Amendment to Phase VII Construction Services Contract
Tom Rowlett spoke on the status of [EPA funding. Currently we do not have a project ready to go in
the event fwiding is available. This is due to the expiration of bids received for Phase V, Contract C and
Phase VII, Contract G. For this reason an amendment to the Harza Contract for Construction Services
in Phase VII in the amount of $49,900 is proposed. This will provide services related to rebidding the
Phase V, Contract C construction contract and Phases V[I, Contract G. In this way the City will be
prepared to accept funding in the event the [EPA has monies available. Margaret Wold moved to
recommend to City Council approval of the Harza Amendment to the Phase VII Construction Services
contract in the amount of $49,900. Ned Lauterbach seconded the motion. The motion was unanimously
approved by attending FPCC members. Remaining members are to be contacted by staff for their
comments and recommendation.
FPCC AMMS
JULY 31, 1997
Page 7
Status of the IEPA Loan Funding
Tom Rowlett informed the Commission that the City has just received notice of funding from the MPA
in the amount of $5.8 mullion for Phase VII , Contracts B, D & F. He went on to explain a little about
wheie the IEPA is at in the overall funding process.
There being no further business the meeting was adjourned at 9:10 p.m.
Respectfully Submitted,
Regina R. Lookis
�• Of r %,,
' lk' City of Evanston
September 10,1997
TO: Chair and Members
Flood and Pollution Control Commission
FROM: Richard J. Figurelli
Superintendent of Water & Sewers
Water & Sewer Department
555 Lincoln Street
Evanston, tlinois
60201
Telephone
84718%2942
SUBJECT: CANCEL SEPTEMBER 17,1997 MEETING
ANNOUNCEMENT OF PHASE VII, CONTRACT B PUBLIC MTG.
The chair, in accordance with the Commission's desire to meet on an as needed basis, has
canceled the September 17, 1997 FPCC meeting included in this packet are the status
updates on both the construction and design of the Long Range Sewer Improvement
Program.
Alderman Moran has expressed his desire to have the Flood and Pollution Control
Commission members present at the upcoming Public Meeting for Phase VII, Contract B.
This meeting will be held at 7:30 p.m. on September 18, 1997 in the James Room of the
Kimble Fitness Center at the Presbyterian Home. A copy of the announcement for the
Neighborhood Public Meeting is enclosed for you information.
'c d J. Fi lli
Y
IC00-1 City of Evanston
DATE: November 14, 1997
TO: Chair and Members
Flood & Pollution Control Commission
FROM:. Richard .I. Figurelli
Superintendent, Water & Sewer
Water & Sewer Department
555 UawlA street
Evau"M6 WD06
6W01
Telepbow
W/866.2942
SUBJECT: CANCELLATION OF THE NOVEM 3ER 19,1997 FPCC MEETING
The chair, in accordance with the Commission's desire to meet on an as needed basis, has
canceled the November 19, 1997 FPCC meeting. The meeting date also fell on the same date as
the planned Economic Development Committee meeting which includes a discussion on the
proposed research park multi -use development.
Included in this packet are the status updates on both construction and design of the Long Range
Sewer Improvement Program. Also included is a copy of the recently approved change order on
Phase VII- Contract A to accommodate changes in the construction of the relief sewer tunnel on
Marcy to mitigate damage to trees during construction of the project.
1 have also enclosed the proposed schedule for 1998 FPCC meetings. If you have any problems
with the schedule, please let me know in the coming week so that changes can be made in
advance.
�LMNXO� �r
.11
"DRAFT', NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
JANUARY 21,1998
Members Present: Alderman Joe Kent
Alderman Dennis Drummer
Margaret Wold
Ned Lauterbach
Members Absent: Mark TerMolen
David Urban
Staff Present: Max Rubin, Interim Public Works Director
Richard J. Figurelli, Water & Sewer Department
Regina R. Lookis, Water & Sewer Department
David Stoneback, Water & Sewer Department
Greg Ramon, Water & Sewer Department
Others Present: Tom Rowlett, Hama Environmental Service, Inc. (HES)
John Velon, HES
Dan Gallagher, HES
Marc Jacob, HES
The Flood & Pollution Control Commission met on January 21, 1998 in Room 2404 at the Civic Center.
Alderman Joe Kent presided as chair of the meeting. The Chair called the meeting to order at 7:20 P.M..
NOW -TES
The minutes of the May 14, 1997 FPCC meeting were unanimously approved.
The minutes of the July 31, 1997 FPCC meeting were approved with the following correction:
Page 2, first paragraph, last sentence, should read as follows: "This happens in Evanston in every 2
month to 6 month storm event."
40..
FPCC hENUTES
January 21, 1998
Page 2
Phase IV -Contract D, Phase V-Contract A, Phase V-Contract B
Marc Jacob informed the commission that Phase IV, contract D is complete along with Phase V,
contract A. Phase V, contract B is primarily complete with a few punch list items to finalize.
Mr. Jacob explained that most of the work has shut down for the winter with the exception of the Phase
VII sewer mining operations on Marcy. The contractor will be moving the mining operation in the near
future to Lincolnwood Dr..
Alderman Kent commented about the pictures of damaged trees that were presented to him by the Marcy
neighbors. He noted the boards on the trees and asked how it came about that we had a contractor on
the job who created so much damage.
David Stoneback explained that only one tree was damaged by the project and the rest of the trees were
boarded for protection. The boarding may look unsightly but it is there to protect the tree from damage.
Mr. Rowlett further explained some of the differences with the current contract for work on Marcy
versus the prior contract. Prior to this job the policy had always been to maintain open streets if at all
possible. This resulted in the need to utilize the parkways for materials, etc. With the emphasis of the
Marcy residents on the importance of the parkways and trees, it was decided to close the street during
operations. This reduced substantially the impact on the trees and parkways. In addition, the contractor
now has a staging yard to store materials. The contractor and Harza are meeting with the residents on
a monthly basis and the number of complaints has been dramatically reduced.
LONG RANGE SEWER IMPROVEMENT PROGRAM DESIGN UPDATES
Rebid of Phases V Contract C, VII Contract C, and VII Contract G
Dan Gallagher, HES, explained the reason that these contracts have been rebid is due to the lack of
IEPA funding availability after the original bids were received. Phase VC consists of relief sewer
installation in the NW section of the City. Phase VII G will provide for restrictor installation in a variety
of areas where relief sewers have already been installed. Phase VII C will provide for relief sewer
installation in the far NW corner of the city. The total bid package is roughly 9.3 million dollars.
Tom Rowlett explained that it appears likely that some funding from the 1EPA low interest loan program
will be available in March or ApriL The contract documents are contingent upon ]]EPA funding and have
been written to allow us until July to obtain fimding and hold prices. He further explained the time line
for funding and that most of the City's 1EPA loan funds have been obtained from by-pass funding. This
money becomes available when communities on the intended use plan are not ready to move forward
with a project at the time of funding availability.
Alderman Kent requested an outline of the funding time line in writing be provided in the near future.
Mr. Rowlett stated he would be happy to update the information and provide it to the commission
members.
John Velon, HES, emphasized the impact of IEPA funding on the total project costs. Basically the low
interest loans when compared to bond funding are like receiving a 30% grant. The latest interest rate
on these loans was 2.86%.
k
FPCC MINUTES
January 21, 1998
Page 3
PHASE VI DESIGN
Mr. Gallagher explained that Phase VI design should be completed in the next two months. At that point
staff and Harza will be developing a strategy for packaging the project to meet projected funding
availability.
PHASE VIII, EK, & X DESIGN
Phases X % IX & X represent the lakefront section of the City. Design of these sections was delayed
while preparing the bids for Phases VC, XII C, & XII G and completing design of Phases VI.
BID REPORTS
Dan Gallagher, HES, presented a spreadsheet summarizing the bid reports for Phase V Contract C,
Phase VII Contract C, and Phase VII Contract G. The outline included a comparison of the bids
received with the engineer's estimate and the results of the previous bids for these contracts.
Seven Bids were received for Phase V C and T.J. Lambrecht was the apparent low bidder. Five bids
were received for Phase VII C and again, T.J. Lambrecht was the apparent low bidder. Six bids were
received for Phase VII G with Glenbrook Excavating, Inc. submitting the apparent low bid.
Alderman Drummer asked about the performance of Lambrecht on Phase VII B. Marc Jacob responded
that Lambrecht has been a responsible contractor. Over 15% of the work has been MBE/WBE and
when including Evanston Businesses, Lambrecht is very near the 25% goal.
Mr. Gallagher discussed the results of the bids received for Phase VII G. The apparent low bidder,
Glenbrook Excavating, Inc. is a small general contractor. Harry has reviewed their background and find
them to be qualified for the work Mr. Gallagher referred the commission to the discrepancy in the bids.
Commenting that while Glenbrook Excavating had properly completed the certification for MBE/EBE
requirements, they had failed to provide the letter of intent. Glenbrook had corrected the omission and
the discrepancy was determined to be minor and did not result in a determination of non -responsive.
Margaret Wold made a motion to approve the low bids for Phase VC, Phase VII C and Phase VII G and
to recommend approval to the City Council of said bids. Ned Lauterbach seconded the motion and the
motion was unanimously approved.
OTHER BUSINESS
Ned Lauterbach requested an update of the two maps which highlight the status of the Long Range
Sewer Improvement Program. The first map depicts the status of the relief sewer installation and the
second illustrates where restrictors have been installed. Staff informed Mr. Lauterbach that these map
updates would be forthcoming.
FPCC MINMS
January 21, 1998
Page 4
OTHER BUSYNESS (Continued)
Mr. Figurelli informed the Commission that the 1998-99 Capital Improvement Program and budget
includes a 3 million dollar bond sale to fund the portions of the Sewer Program that are ineligible for
IEPA loans. The 3 million dollars should provide funding for the ineligible costs associated with the
remaining phases of the program. The Commission discussed the importance of including the type of
work that is not funded by the IEPA. This work includes such items as full street and curb restoration
in the construction area after completion, job training costs and water main replacement. It was
emphasized that this is the work that can make a difference in a neighborhood.
Ned Lauterbach made a motion to submit to City Council the Commission's recommendation to approve
the 3 million dollar bond issue to fund the remaining IEPA ineligible costs associated with the Long
Range Sewer Improvement Program. Margaret Wold seconded the motion. The motion was
unanimously approved. Staff was directed to prepare a memorandum for city council emphasizing the
importance of continuing to fund the scope of work that is not eligible for IEPA funding and to include
in the memorandum a description of the type of work.
There being no further business, the meeting was adjourned at 8:35 p.m.
Respectfully Submitted,
Regina R. Lookis
F. P. C. C. MEMORANDUM
To: Chair and Members
Flood & Pollution Control Commission
From: Richard J. Figurelli
Date March 9, 1998
Subject: CANCELLATION OF THE MARCH 18, 1998 MEETING
The Chair, in accordance with the previous Commission decision concerning the
Commission's desire to meet on an as needed basis, has canceled the March 18, 1998
meeting.
Copies of the progress reports and the minutes of the January 21, 1998 meeting will
be sent for your information.
XPRUard J. Fi relli
FROM THE DESK OF...
RicHARD 1. FIGURELLI
SUPERINTENDENT
EVANSTON WATER DIVISION
555 LINCOLN STREET
EVANSTON, ILUNo15 60201
(847)•866-2942
Fax: 1847)•475.8851
SUMMARY OF DISCUSSION
MAY 20, 11998
FLOOD & POLLUTION CONTROL COMMISSION
7:00 P.M.
Room 2404, Evanston Civic Center
The Flood & Pollution Control Commission was scheduled to meet on May 20, 1998 at
7:00 p.m.. Two members were able to attend, Margaret Wald and David Urban. There
were two items on the agenda that required the Commission's approval. It was decided
that the commission members present would make their recommendations and staff
would deliver the information and conduct a telephone poll for those members not
present. The following is a brief summary of the discussion that took place:
Margaret Wald asked for clarification on the pending arbitration with Szabo Contracting,
Inc.. Mark Jacob explained that originally Szabo had come in with a request for roughly
$480,000. The City and Harza reviewed the requests and felt that approximately
$120,000 was warranted but denied the remaining requests. Szabo then went to
arbitration and increased the amount requested to over $800,000. The City has obtained
legal counsel.
Dan Gallagher, with Harza, explained the current status of Phase VI design. The
Illinois Environmental Protection Agency has indicated that funding is likely to be
available to cover Phase VI, Contract A and B and Phase VII Contract H in September of
this year. Originally, the bidding and funding of these projects were not scheduled until
next year. However, with funding availability likely at 2.865 % interest this year, Harza
and the city are in the process of finalizing the design and preparing to bid the project in
August. This will allow for the start of construction of the 300 foot deep dropshaft in the
Ladd Arboretum this winter. Staff notified the Commission that they had met with the
Parks Department and the Aroboretum board to discuss the condition and handling of the
trees that would be impacted by the project.
Rich Figurelli referred the Commission members to the request to change the July
meeting date from July 15, 1998 to July 8, 1998. This will provide for better timing of
the Commission's review of the bid results from Phase VII, Contract E and allow for the
presentation of the Commission's recommendation at the July 13, 1998 City Council
meeting. The request to change the date of the upcoming F.P.C.C. meeting to July
8, 1998 was unanimously recommended.
Summary of May 20, 1999
F.P.C.C. Meeting
Page 2
Staff distributed the bid results for Phase VII, Contract G. This project involves the
installation of restrictors (See Map included in packet materials). Glenbrook Excavating
and Concrete Inc. was the apparent low bidder for this project in the amount of
$2,026,555.40. There were two minor irregularities in the bid documents. These do not
alter the bid price or otherwise materially affect the performance of the work but pertain
to the submittal of two forms required by the IEPA. These forms were omitted as an
oversight and have since been submitted by the contractor. The language in the bid
documents indicates that failure to submit these forms with the bid "may" result in the
bid determination of non -responsive. Harza explained that Glenbrook Excavating has
done work for the City (with good results) in the past though not with the sewer program.
In addition, references have been investigated also with favorable results. Margaret
Wold and David Urban voted to recommend approval of the bid from Glenbrook
Excavating and Concrete Inc. for the construction of Phase VU Contract G
contingent upon the review by Legal.
This concluded the discussion and the meeting was adjourned at 7:50 p.m.
F
"DRAFT, NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
July 8, 1998
Members Present: Margaret Wold
Ned Lauterbach
David Urban
Members Absent: Alderman Joe Kent
Alderman Dennis Drummer
Mark TerMolen
Staff Present: Max Rubin, Interim Public Works Director
Richard J. Figurelli, Water & Sewer Department
David Stoneback, Water & Sewer
Greg Ramon, Water & Sewer
Others Present: John Velon, Harza Environmental Services Inc. (HES)
Dan Gallagher, HES
Marc Jacob, HES
The Flood & Pollution Control Commission met on July 8, 1998 in Room 2404 at the Civic Center. Due
to the lack of a quorum it was decided to move forward with the status reports on the Long Range
Sewer Improvement and delay review of the minutes. This way should another Commission member
arrive, these items can be taken care of by quorum vote.
LONG RANS,E SEWER INEROVEMEN1 CONSTRUCTION UP�ATF,
Marc Jacob summarized the status of the construction projects currently underway. He stated that all
projects are on schedule and on budget. He commented on the cooperation and steps taken by the
contractors for the July 4th activities. Particularly Lambrecht Construction did an excellent job of doing
the most that could be done to reduce the disruption to the area. David Urban made a motion to draft
a letter of appreciation to Lambrecht for their responsiveness in preparing for the July 4th activities. Ned
Lauterbach seconded the motion. The motion was approved.
FPCC MINUTES
July 8, 1998
Page 2
David Stoneback updated the Commission on Phase VB in which the contractor has filed a demand for
arbitration. The City is currently working with the attorneys to prepare a defense of our position during
the arbitration.
LONG RANGE SEWER IMPROVEMENT PROGRAM DESIGN UPDATES
Dan Gallagher, HES, provided the Commission with a brief update on the status of some of the projects
that have been rebid and the loan status. The city just received a loan in the amount of 2.3 million dollars
for Phase VII G. The contractor is due to begin work this month. We are still getting very positive
feedback from the state regarding the funding potential for Phase VII E. We have sent the loan packet
to the 1EPA today and a loan commitment for Phase VII is very likely. We are also still getting very
positive indications of more money becoming available and our contacts with the IEPA are encouraging
us to get projects ready for funding in September.
Phase VI Design
Dan Gallagher, HES, explained that we are currently proceeding with packaging and bidding Phase VI,
Contracts A and B.. He referred to the map outlining the general area of Phase VI. Phase VIA will
primarily consist of a dropshaft and structure at Ladd Arboretum as well as a large diameter tunnel down
Noyes to Orrington. Phase VI B consists primarily of a 66" tunnel down Orrington. Plans are to have
Phase VI, Contracts A and B ready to bid in late August in preparation for monies that may be available
in September.
PHASE VIII, IX, & X DESIGN
Phases XIII, IX & X represent the Iakefront section of the City. Design of these sections was delayed
while preparing the bids for Phases VC, VII C, VII G, VII E and completing design of Phases VI. Once
the bid package is prepared for Phase VI, Contract A and B, Harza will move forward on the design of
VIII in earnest to allow the City to be ready for funding next year.
PHASE 7E BID REPORT
Dan Gallagher, HES, stated that on June 26, 1998 bids were received by the City for Phase VII,
Contract E of the Long Range Sewer Improvement Program. Mr. Gallagher presented a spreadsheet
summarizing the bid reports for Phase VII Contract E. The outline included a comparison of the bids
received with the engineer's estimate and the results of the previous bids for these contracts.
Six bids were received for Phase VII, Contract E. The low bid was by George Kennedy Construction
in the amount of$7.3 million. Both Harza and Lisa Lewis, MBE Coordinator for Evanston, reviewed
the bids received and found no irregularities in the bid from George Kennedy Construction. Based on
the bids received, Harza is recommending acceptance of the bid for Phase VII E to George Kennedy
Construction. We are hoping to gain approval from the FPCC this evening to allow for submittal to
council on July 13, 1998.
Margaret Wold moved that the members of the Commission present recommend approval of the low bid
to George Kennedy Construction for Phase VII, Contract E in the amount of $7.3 million dollars. Staff
FPCC MINUTES
July 8, 1998
Page 3
was directed to poll the remaining members of the Commission by telephone to see if they concur with
the recommendation. David Urban seconded the motion. The motion was unanimously approved by
those Commission members present.
ENGINEERING SERVICES PROPOSAL
Ned Lauterbach introduced the next agenda item, Phase VI, Contract A and B, proposal from HES for
engineering services during construction. Richard Figurelli distributed several handouts including a
cover memo from staff, a memorandum from HES, and the written proposal for services. Mr. Figurelli
stated that one of the items that is scrutinized when reviewing these proposals for engineering services
during construction is how do the engineering costs compare to the construction costs. The proposal
presented for Phase VI represents about 7% of the cost of construction. This is a good number largely
due to the type of construction. He noted that the prior contract for engineering services for Phase VII
had represented a higher percentage of the total cost because the work included the installation of
restrictors which is time consuming to oversee. We feel the 7% cost for Phase VI represents a fair rate
of return for services rendered and is lower than the six prior contracts. The multiplier is also consistent
with prior contracts and has not increased. As a result of staffs research, we recommend FPCC
approval of the contract and seek their recommendation to City Council.
Margaret Wald moved to recommend the award of contract to Harza Engineering Services, Inc. For
services during construction on Phase VI, Contract A and B in the amount of $1,052,585 and directed
staff to conduct a telephone poll for those members not present. She further stated she believed these
to be reasonable cost limits. David Urban asked for information on the MBE/WBE participation in past
contracts. Mr. Figurelli stated it was around 15%. Mr. Urban recommended that a column be added
to the presentation to indicate the historical MBEIV BE participation over the life of the sewer project.
It was discussed that staff anticipated presentation of this item to council at the July 27, 1998 council
meeting. The motion was unanimously approved.
OTHER BUSINESS
Commission Comment on Potential CabIr, TV Broadcasting of Meetines
The commission asked where this question had generated from. Max Rubin explained that Alderman
Newman had commented at a Rules Committee that the City had a new cable system in place which is
done remotely from upstairs. It is a clean operation which looks good on TV and provides an
opportunity for the public to see all the boards and commissions in action. He felt that each board and
commission should be polled for the possibility of broadcasting all or some of their meetings. Max added
that it is not currently technically feasible to film all of the meetings because in order to televise the event
it must be held in the council chambers.
FPCC MINUTES
July 8, 1998
Page 4
Margaret Wold commented that in light of the depth of the information reviewed by the Commission,
regular presentation of the meetings would be extremely difficult for the public to follow and may not
be very productive. It was suggested that a once a year might be appropriate and the meeting could be
structured to present a general review and include visual aids for the camera. David Urban made a
motion to respond that the FPCC does not object to the broadcasting of the meetings and further suggest
that it be done on the basis of a once a year presentation and annual review. Margaret Wold seconded
the motion. The motion was unanimously approved.
Status of Phase VQ G
Rich Figurelli referred the Commission to staffs memorandum included in the packet. This contract
for Phase ViJG was awarded to Glenbrook Excavating and Concrete, Inc. for approximately $2 million.
The City received a loan offer from the IEPA at 2.865% for this project and construction is anticipated
to begin this month.
There being no further business, the meeting was adjourned at 8:35 p.m.
Respectfully Submitted
l �
I M
'ch rd J. Figur lli
"DRAFT, NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
September 16, 1998
Members Present: Alderman Joe Kent
Alderman Dennis Drummer
Margaret Wold
Ned Lauterbach
David Urban
Members Absent: None
Staff Present: David Stoneback, Water & Sewer
Regina Lookis, Water & Sewer
Others Present: John Velon, Harza Environmental Services Inc. (HES)
Dan Gallagher, HES
Marc Jacob, HES
The Flood & Pollution Control Commission met on September 16, 1998 in Room 2404 at the Civic
Center. The Chair called the meeting to order at 7:05 p.m..
It was noted that Mark TerMolen had tendered his resignation as a Commission member to the Mayor
and would no Ionger be attending.
MINUTES
The minutes of the July S, 1998 meeting were unanimously approved.
Alderman Kent suggested that the discussion on the bid results for Phase VI, Contracts A & B be moved
forward on the agenda. This will allow for Commission recommendations early on in the meeting.
DID REPORTS
David Stoneback referred the Commission to the bid report on Phase VI, Contracts A & B. He
commented that at bid opening and upon review of the bids, the situation had looked good and Jay Dee
Contractors, Inc. had been determined the low bidder by a substantial amount. Unfortunately, late
Tuesday afternoon , Jay Dee submitted documentation claiming a "clerical" error in their bid in excess
of $800,000. They are requesting either reformation of the bid or ability to rescind their bid.
FPCC MINUTES
September 16, 1998
Page 2
The issue has been submitted to the legal department to evaluate. We are seeking a recommendation
from Legal by next Wednesday so that the bid award can be placed on the agenda for the September 28,
1998 Council meeting. Mr. Stoneback emphasized that timing is critical for the award of this bid. The
iEPA has notified the City that money is available but all documentation must be submitted to their office
by September 30, 1998 in order to be eligible to receive the available loan monies. As a result, if the bid
is not awarded by the September 28th Council meeting, the City will have to forfeit this opportunity for
funding.
The Commission discussed the alternatives of either having staff poll members next week with the results
of the legal review or to have another meeting. Margaret Wold made a motion to hold a special FPCC
meeting next Wednesday, September 23, 1998 at 7:00 p.m. for the purpose of reviewing the Phase VI
bid results and evaluations and preparation of a recommendation to City Council. Ned Lauterbach
seconded the motion. Alderman Kent commented that it is likely the Commission will have questions
on this issue and a meeting is appropriate. He would like the Legal Department and Lisa Lewis to be
invited and encouraged to attend the September 23rd meeting. The Commission unanimously approved
the motion.
LONG RANGE SEWER IMPROVEMENT PROGRAM CONSIBUQUON UPDATES
David Stoneback referred the Commission to the status reports on construction included in their packets.
Alderman Kent asked for an explanation for the lack of a job training program in Phase VII, Contract
G. Mr. Stoneback explained that the duration of the contract does not allow for the time necessary for
job training, but that the contract does include a job employment component. He commented that
Lambrecht has utilized the job training from the past extensively and keeps a list of people who have
been on the program. In addition, he has used these trained employees on jobs out of Evanston.
Alderman Kent commented that the job training component of the program has worked very well and
is snaking a difference, He knows of several individuals who now have union cards and are able to
actively pursue more work. He would Iike to see if Lisa Lewis can prepare a report tracking the success
of the job training and employment program throughout the phases of the sewer improvements.
Ned Lauterbach noted that on Phase V, Contract C, the status report indicated a large part of the work
was completed yet only 1/3 of the monies have been dispersed to the Contractor and little of the
MBE/WBE work has been done. Marc Jacob explained that the sewers have been installed, however
the restoration work and paving remains to be completed. The bulk of the MBE/WBE subcontract work
is included in the restoration portion of the contract.
LONG RANGE SEWER IMPROVEMENT DESIGN REPORTS
David Stoneback referred the Commission to the status reports on design included in the packet
materials. The Commission had no comments.
4
FPCC NIINUTES
September 16, 1998
Page 3
OTHER BUSMSS
David Stoneback informed the Commission that the City has received a loan for Phase VII, Contract E.
The contract has been determined to be entirely eligible for loan funding with the exception of a portion
of the rebidding costs.
There being no further business, the meeting was adjourned at 7:45 p.m.
Respectfully submitted
Regina R. Lookis
"DRAFT, NOT APPROVED"
MINUTES OF FLOOD AND POLLUTION CONTROL COMMISSION
September 23, 1998
Members Present: Alderman Joe Kent
Margaret Wald
Ned Lauterbach
David Urban
Members Absent: Alderman Dennis Drummer
Stall' Present: Vanessa Burns, Public Works Director
Richard J. FigurelIi, Superintendent Water & Sewer
David Stoneback, Water & Sewer
Kathleen Brenniman, Law Department
Others Present: Dan Gallagher, Harza Environmental Services Inc. (HES)
Marc Jacob, HES
The Flood & Pollution Control Commission held a special meeting on September 23, 1998 in Room
3650 at the Civic Center. The purpose of the meeting was to review the bid results for Phase VI,
Contract A and B of the Long Range Sewer improvement Program. The Chair called the meeting to
order at 7:05 p.m..
Alderman Kent reviewed the purpose of the special meeting to review bids for Phase VI and hear
recommendations for award of contract. At the last meeting staff had presented the bid results for
Contracts A and B of Phase VI. Jay Dee Contractors had been the apparent low bidder at the bid
opening. His original bid was approximately 1.3 million dollars less than the second low bidder, McNally
Tunneling, for Contract A. For Contract B, Jay Dee Contractors was also the apparent low bidder.
Two business days after the bid opening, Jay Dee Contractors contacted the city stating that they had
made a "clerical error" and requested permission to either reform the bid price for Contract A by roughly
$900,000 or be allowed to rescind the bid and bid bond. At the September 16, 1998 FPCC meeting it
was decided to review the bids with the Law Department to determine the appropriate course of action.
David Stoneback referred the Commission to the letters from Jay Dee Contractors in which they claimed
clerical errors in their bid submittal. Their letter requested either permission to reform their bid or to
withdraw the bid and bid bond.
FPCC MINUTES
September 23, 1998
Page 2
Staff has met with the City Manager and Kathleen Brenniman from the Law Department. The Law
Department reviewed case law and determined that because the error in Jay Dee's bid was "clerical" the
City could not require them to standby their original bid and retain the bid bond. In reviewing the back
up documentation provided by Jay Dee it was impossible to be certain of the precise amount of the
clerical error. It is staffs recommendation to allow Jay Dee Contractors to withdraw their bid and bid
bond and to award Phase VI, Contract A to the second low bidder McNally Tunneling Corp. It is not
recommended to award the Contract B portion of Phase VI at this time.
Mr. Stoneback explained that McNally Tunneling Corp. has done work for the City in the past and were
the contractors on the first tunneling project. They demonstrated good management, their final payouts
at the end of the project were actually less than the contract amount, and they have submitted
appropriate documentation meeting the MBE requirements. The difference between Jay Dee's
corrected bid price and McNally's price for Phase VI, Contract A is $322,231. However, for Contract
B McNally's price is $1.7 million over Jay Dee's price and there is also another contractor who
submitted a bid less than McNally's.
In summary, Mr. Stoneback stated staffs recommendation is to allow Jay Dee Contractors to withdraw
their bid and return the bid bond, award the contract for Phase VI, Contract A to McNally Tunneling
Corp. and to rebid Phase VI, Contract B at a later date.
Margaret Wold asked if failure to submit Contract B to the [EPA for funding now will jeopardize
receiving funds for the project at a later date. Mr. Stoneback explained that while we believe the monies
to be available now from the IEPA, the amount of Contract B is in the order of what is normally
available during the iEPA's regular funding cycle and therefore, should not negatively impact the ability
to obtain funds in the future. Mr. Figurelli clarified that the primary reason Contracts A and B were bid
at the same time was to allow for one contractor to do both projects. This would enable the use of the
shaft at Orrington and Noyes to be used for both the tunnel on Noyes and the jacking operation on
Orrington. That will not happen with two separate contractors and does impact the scheduling. As a
result the disruption on Orrington will be shorter for the large tunnel on Noyes but will be reopened for
the work on Orrington two years later. This is probably the biggest drawback to letting the contracts
separately. Financially, it should work out nearly equal
Ned Lauterbach commented that on a $16 million dollar project he does not feel that $300,000 is
significant enough to risk the possibility of a future law suit by attempting to reform the bid. David
Urban asked if staff thinks the IEPA will have a problem accepting the second low bidder. Mr.
Stoneback stated that because the contractor included a request to withdraw their bid, he did not feel
that the IEPA will oppose the award to the second low bidder. Margaret Wald asked why we are letting
them take back their bid bond. Mr. Fig►urelli explained that when this first came up the legal department
began investigating; some case histories Historically, the courts have found in favor of the contractor
when a clerical error involving a significant amount of money is documented. It is also important that
the error be brought forward shortly after the bid opening;. In this case, Jay Dee Contractors claimed
the error in a timely fashion.
i
1'
s
FPCC MINUTES
September 23, 1998
Page 3
Margaret Wold made a motion to recommend to City Council the award of Phase VI, Contract A to
McNally Tunneling Corp and to allow Jay Dee Contractors to withdraw their bid and return their bid
bond. Ned Lauterbach seconded the motion. The motion was unanimously approved.
Discussion was held on the timing involved in separately bidding out Contracts A and B of Phase VI and
the disruption. Vanessa Burns emphasized that one of the items that staff will be working on is trying
to keep the public informed as to the status of the project.
OTHER BUSINESS
Margaret Wold brought up the request to change the enabling ordinance establishing the Flood and
Pollution Control Commission to reduce the number of members from six to five. It would provide
several benefits. Primarily, three members present would comprise a quorum. In addition, the projects
are so far underway, trying to bring a new member up to speed would be extremely difficult.
Margaret Wold made a motion to ask council to change the enabling ordinance for the Flood and
Pollution Control Commission to reduce the membership to five from the current six members since the
sixth member recently retired. It eliminates the possibility for a tie in voting, it allows for a three
member quorum, and this commission's role is so far underway, it would be very difficult to bring aboard
a new member. Ned Lauterbach seconded the motion and the motion was unanimously approved.
There being no further business, the meeting was adjourned at 7:45 p.m.
Respectfully submitted
Rich rd J. Figure i