Agenda Item Executive Summary
item title
title
Approve a Construction Contract to Remediate the Dam at 1714 Legion Road
presenter
Responsible Staff, Title, Department
Lance Norris, Director, Public Works
Chad Brown, Capital Projects Manager, Engineering
Staff recommendation*
Adopt the attached resolution awarding a bid to Morgan Corp. and authorizing the Town Manager to execute a contract with this lowest responsive, responsible bidder.
body
action/decision points*
Council must authorize or deny the Town Manager's approval of change orders as necessary, provided the contract cost remains within the budgeted amount.
LEGISLATIVE CONTEXT*
N.C. General State Statue 143-129 <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-> sets the procedure for letting public contracts.
BACKGROUND AND CONTEXT*
On December 5, 2016, a resolution (2016-12-05/R-8) was passed authorizing the Town Manager to execute an offer to purchase and contract and lease for the American Legion Property. The resolution stated that the acquisition of the Legion property allows the Town the opportunity to move forward with uses that benefit community.
On December 7, 2022, a resolution (2022-12-07/R-11) was passed approving the recommendations of the Legion Property Committee and authorizing the Town Manager to proceed with next steps including:
• Retaining ownership of the entire property,
• Combining approximately 27 acres of the property with Ephesus Park for a Town park,
• Using 8-9 acres along Legion Road for affordable housing,
• Preserving existing natural areas, and
• Determining the best placement of stormwater feature(s) on the site which might include a reduced pond.
A May 2023 Preliminary Engineering Report prepared by Garrett & Moore Engineering confirmed that the existing pond dam was classified as Class C, or High Hazard Dam, in which a dam failure could become possible to the detriment of downstream properties and recommended the Town proceed with the work required to mitigate the liability associated with owning a High Hazard Dam.
A May 31, 2024, Information Item to Town Council outlined both the staff and Tetra Tech Engineering’s recommendation to move forward with a constructed wetland stormwater control measure to replace the existing pond.
To redevelop the 8-9 acres of the Legion property into affordable housing and to address the safety concerns of the pond dam, the dam must be replaced with a new outlet structure. The resulting area will provide the stormwater needs of the affordable housing construction and maintain the water containment function the pond presently serves.
TRADEOFFS, ALTERNATIVES, IMPACTS
Not rehabilitating the pond dam could lead to flooding, loss of life and/or serious damage to homes, industrial and commercial buildings, important public utilities, and primary roadways.
The removal of the pond and rehabilitation of the dam are required for the affordable housing developer to obtain the required Low Income Housing Tax Credit (LIHTC) because the site must be construction ready. LIHTC applications are due at the end of the calendar year.
FINANCIAL IMPACT
Funds for the project, $850,000, were included in the 2025 general obligation bond issuance as part of the 2015 stormwater bond referendum. However, the bid came in much higher than anticipated and an additional $622,400 is needed to award the construction contract. $500,000 has been identified from the 2025 general obligation bond issuance as part of the 2024 affordable housing bond referendum and $122,400 will be moved from the Bolinwood Bridget project budget.
Complete Community Connection
Demolishing the pond and trees and replacing the dam will stabilize the front 8-9 acres of the Legion property and make way for new affordable housing there. This housing will be near Ephesus Elementary and Ephesus Park and on a Chapel Hill Transit bus line, connecting future residents to places to play, learn and shop while meeting the stormwater control measure needs of the site.
Community Impact
This project makes way for around 150 affordable housing units to meet the Town’s goals of being a place where people of all incomes can live.
Community Engagement
Extensive public engagement about what to build on the Legion Property was conducted leading up to December 7, 2022, Council resolution to build affordable housing and a new park.
attachments
Construction Contract to Remediate the Dam Resolution
Budget Ordinance - Stormwater Fund
Project Ordinance - 2024 Affordable Housing Bonds Fund
Town Resolution (2016-12-05/R-8)
Town Resolution (2022-12-07/R-11)
May 2023 Preliminary Engineering Report Prepared by Garrett & Moore Engineering
Tetra Tech Engineering Town of Chapel Hill Legion Pond Dam Phase 1 Site Recommendations Memo
end