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Rm 1 VM <br /> LEWIS RICE <br /> Jeremy P. Brummond 600 Washington Avenue <br /> F I N G E R S H Suite 2500 <br /> jbnunmondCLlewisrice•cotn St.Louis,Missouri 63101 <br /> 314.444.1339 (direct) Attorneys at Law <br /> 314.612.1339 (tax) www.lewisrice.coin <br /> October 21, 2014 <br /> VIA U.S. MAIL , <br /> City of Decatur (Chief Executive Office) / <br /> c/o Mayor Mike McElroy f A z�/zo i q <br /> 91 Gary K. Anderson Plaza �- <br /> Decatur, IL 62523 <br /> VIA U.S. MAIL AND VIA E-MAIL - <br /> Dave Harp <br /> Bainbridge, Gee, Milanski & Associates, Inc. <br /> 1670 S. Taylorville Rd <br /> Decatur, Illinois 62521 <br /> Re: Lake Shore Drive Rehab, Division A City 2012-06 (Appeal of Engineer's <br /> Decision Letter dated October 8, 2014) <br /> Dear Messrs.' McElroy and Harp: <br /> This firm represents Sak Construction, LLC ("SAK") regarding the above referenced <br /> Project. SAK has apprised us of the following facts: <br /> On August 26, 2013, the City of Decatur issued its Notice to Proceed for the Project. <br /> SAK promptly commenced its work when it was able, but because of delays and because of <br /> inadequate design of the flow diversion, SAK'S work was delayed a total of 78 days. On <br /> September 17, 2014, Cory Street of SAK sent the Project engineer (Bainbridge, Gee, Milanski & <br /> Associates, Inc. ("BGM") a detailed request asking for a schedule extension of 78 days (that <br /> letter is incorporated by reference). <br /> On October 8, 2013, BGM responded, agreeing with the extension for weather,' but not <br /> awarding the full 78 days requested, presumably because BGM does not believe that the City is <br /> responsible for the pump station failure or the inadequate design regarding flow diversion. As <br /> previously set forth in the claims correspondence relating to SAK's claim for increased costs <br /> arising out of the pump station failure (see my letter dated May 28, 2014 and SAK's April 15, <br /> 2014 letter, both of which are incorporated by reference), the City is responsible for the <br /> undisclosed inadequate design of the flow diversion. <br /> Notably, however, it appears that the City only awarded 55 weather days, when SAK <br /> documented and requested an extension for 57 weather days. <br /> Estab(isbeb 1909 <br />