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File #: 16-0349    Version: 1
Type: Agenda Item Status: Adopted
File created: 3/28/2016 In control: Procurement Committee
On agenda: 4/7/2016 Final action: 4/7/2016
Title: Authorization to execute the first amendment to the Amended and Restated McCook Reservoir Excavation Agreement, Contract 73-161-EH

TRANSMITTAL LETTER FOR BOARD MEETING OF APRIL 7, 2016

 

COMMITTEE ON Procurement

 

Mr. David St. Pierre, Executive Director

 

Title

Authorization to execute the first amendment to the Amended and Restated McCook Reservoir Excavation Agreement, Contract 73-161-EH

Body                     

 

Dear Sir:

 

On October 1, 2003, the District executed an Agreement with Vulcan Construction Materials, L.P. (Vulcan) to mine a portion of the Lawndale Avenue Solids Management Area (LASMA) for the McCook Reservoir, Contract 73-161-EH.

 

On August 25, 2015, the District executed the Amended and Restated McCook Reservoir Excavation Agreement with Vulcan Construction Materials, L.P. for the continuance of mining a portion of the LASMA site for the McCook Reservoir, Contract 73-161-EH.  The amended and restated agreement expanded the reservoir footprint to include the Expanded Stage II area as well as memorialized various clarifications and interpretations of contractual language, among other minor modifications.

 

In connection with the Des Plaines Inflow Tunnel, Contract 13-106-4F, Vulcan has agreed to provide two subterranean easement grants for the construction, operation, and maintenance of a new 20’ diameter tunnel that will convey flow from the Des Plaines leg of TARP to the McCook Reservoir.  Authority to approve and execute said grants are submitted in a separate request at this meeting.  The placement of the tunnel immediately adjacent to Vulcan’s existing quarry will result in a loss of minable reserves for Vulcan.  As part of the negotiation for the required easement grans, the District proposes to modify the McCook Reservoir mining line in the Expanded Stage II area to allow for the mining of additional reserves to offset Vulcan’s losses.  Though a mining line is included in the agreement, the actual configuration and minable tons are not guaranteed.  Therefore, an amendment to the agreement is recommended to allow for the modification of the mining line and to guarantee the availability of an additional two million tons of dolomite limestone than was originally contemplated in order to offset the lost reserves associated with the aforementioned easements.

 

Modification of the mining line to guarantee the availability of additional reserves will require the construction of the retaining walls along at least two sides of the Expanded Stage II area.  Retaining walls have been installed along the majority of the reservoir’s perimeter and extension of those walls to the Expanded Stage II area, in addition to providing the desired additional reserves, provide the District with additional reservoir storage volume.

 

It is hereby requested that the Board of Commissioners authorize the Chairman of the Committee on Finance, the Clerk, the Director of Procurement and Material Management, and the Executive Director to execute a First Amendment to the Amended and Restated McCook Reservoir Excavation Agreement, after the same is approved by the Director of Engineering as to the technical matters and by the General Counsel as to form and legality.

 

Requested, Catherine A. O’Connor, Director of Engineering, WSS:KMF

Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management

Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Procurement

Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for April 7, 2016