TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 5, 2008
COMMITTEE ON PURCHASING
Mr. Richard Lanyon, General Superintendent
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Issue purchase order and enter into an agreement with Deutsch, Levy & Engel, Chartered, Attorneys, to represent the District in pursuing environmental investigations and any remediation of property located between Devon and Touhy Avenues in Chicago, Illinois, North Shore Parcels 7.04, 7.05, 7.07, and 7.08 in an amount not to exceed $25,000.00, Account 101-30000-601170, Requisition 1245656
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Dear Sir:
Between 1900 and 1906, the District acquired North Shore Channel Parcels 7.04, 7.05, 7.07, and 7.08 in connection with constructing the North Shore Channel. The subject parcels are currently under lease to the Chicago Park District until 2044.
We have learned that in the 1930s, a manufactured gas plant (MGP) was operated by Nicor/ComEd, or its predecessors, on non-District owned property located to the east of the parcels between Pratt and Devon Avenues in Chicago. It is not certain if the MGP operations resulted in migration of contaminants to the District’s land; however, the utilities have requested to enter the parcels to conduct preliminary investigations. Any such investigation will also be coordinated with the Chicago Park District. It is anticipated that such investigations will be completed within 36 months. Any reports prepared or data collected on the environmental condition of the District’s land or relating to the status of this matter will be required to be submitted to the District.
Due to the specialized and complex nature of the laws and regulations relating to environmental remediation of contaminated real estate, it is recommended that the District obtain special counsel to advise the District in this matter and to pursue litigation if it becomes necessary. Staff is working with Deutsch, Levy & Engel, Chartered, Attorneys on other MGP site matters involving Peoples Gas, ComEd, and Nicor. Because this matter involves similar parties and issues as the other MGP sites, it would be in the District’s interest for strategic and consistency reasons to use the same special counsel as is used in the other MGP sites involving the referenced parties.
Deutsch, Levy & Engel will bill the District on account of professional services by its senior attorneys for this project at the hourly rate of $180.00. It is estimated that the total cost will not exceed $25,000.00. The firm may be retained pursuant to Section 11.4 of the Purchasing Act relating to procurement of professional services without competitive bidding. The issuance of this purchase order is in the public’s best interest.
In view of the foregoing, it is requested that the Purchasing Agent be authorized to issue a purchase order and enter into an agreement with Deutsch, Levy & Engel, Chartered, Attorneys, to represent the District in pursuing environmental investigations remediation of property located between Devon and Touhy Avenues in Chicago, Illinois, North Shore Parcels 7.04, 7.05, 7.07, and 7.08 in an amount not to exceed $25,000.00. Funds are available in Account 101-30000-601170.
Requested, Frederick M. Feldman, Attorney, FMF:DAL:CL:STM:nm
Recommended, Darlene A. LoCascio, Purchasing Agent
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Purchasing
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this June 5, 2008. Approved, President Terrence J. O’Brien
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