TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 16, 2013
COMMITTEE ON STORMWATER MANAGEMENT
Mr. David St. Pierre, Executive Director
Title
Authority to negotiate an agreement with the Village of Wheeling for installation of utilities associated with Contract 09-365-5F, Heritage Park Flood Control Facility
Body
Dear Sir:
Authority is requested to negotiate and enter into an agreement with the Village of Wheeling (Village) for installing a storm sewer and fiber optic conduit associated with the captioned project. At the November 6, 2008, Board Meeting, the Board of Commissioners granted its approval to enter into agreements with the Wheeling Park District (WPD) and the Village for the construction of stormwater storage facilities and improvements at Heritage Park. The District entered into an Intergovernmental Agreement (IGA) with the WPD and the Village, dated April 1, 2010, for the acquisition, design, construction, use, operation and maintenance of stormwater and recreational improvements. On April 11, 2012, the Board of Commissioners authorized the Director of Procurement and Materials Management to award Contract 09-365-5F Heritage Park Flood Control Facility to F.H. Paschen/Lake County Grading, A Joint Venture (FHP/LCG), in an amount not to exceed $29,475,000.00.
The stormwater improvements to be constructed by the District at the site include expansion of Lake Heritage to create 10-acre feet of storage to be used by the Village for detention for future development or redevelopment projects. The IGA includes provisions for the Village to provide a direct hydraulic connection to Lake Heritage. In a letter dated March 11, 2013, the Village requested that the District incorporate the construction of a storm sewer to accommodate the hydraulic connection to Lake Heritage required in the IGA. The Village indicated in their letter that if this sewer could be installed under a change order to the captioned project, the Village would reimburse the District for the construction costs. Additionally, the Village has reserved an easement for a future fiber optic communication line through Heritage Park within the active construction area. At this time, the Village has indicated that they would like to be provided an opportunity to include the conduit installation under our contract at their cost, subject to their approval of an estimate from our contractor.
As a condition of the new agreement, funds would be paid by the Village to the District for the actual construction and administrative costs billed by FHP/LCG for the storm sewer and/or fiber optic conduit installation. The Village would be responsible for inspecting the utility installations; however, the District would provide general oversight of the construction activities and maintain control of the site. The agreement shall be subject to the approval of the Law Department as to form and legality.
Since the proposed Village storm sewer and conduit would be located within the District's active construction area, coordination with a third party contractor to accommodate the installation of these planned Village facilities could prove difficult. Also, construction by the Village of these facilities in the future may result in potential damages to the new facilities currently being constructed by the District. Based on the foregoing, the Village's request to construct these improvements as a change order to the subject contract is reasonable and in the best interest of the District. Subject to authorization by the Board of Commissioners of this request, a Board Letter will be prepared for an upcoming regular board meeting to request authorization to execute a change order to Contract 09-365-5F, Heritage Park Flood Control Facility, in the amount agreed upon between the District and the Village as described above.
It is respectfully the Board of Commissioners grant authority to negotiate an agreement for the additional Village utility installations associated with the Heritage Park Flood Control Facility.
If further clarification is required, please advise the undersigned.
Requested, Catherine A. O'Connor, Director of Engineering, WSS:JPM:JK
Respectfully Submitted, Michael Alvarez, Chairman Committee on Stormwater Management
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for May 16, 2013