TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 11, 2013
COMMITTEE ON STORMWATER MANAGEMENT
Mr. David St. Pierre, Executive Director
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Authority to enter into an Amended Feasibility Cost Sharing Agreement with the United States Army Corps of Engineers and other Sponsors for the Upper Des Plaines River and Tributaries Phase 2 Study and to make payment to the United States Army Corps of Engineers in an amount of $150,000.00, Account 501-50000-612490
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Dear Sir:
In a letter dated February 27, 2013 (copy attached), the Department of the Army (U.S. Army Corps of Engineers or USACE), requested that the District agree to assume the role of local sponsor for Cook County for their Upper Des Plaines River and Tributaries Phase 2 Study (study). In 2002, Cook County, represented by the Cook County Department of Transportation and Highways (CCDTH), entered into a Feasibility Cost Sharing Agreement (FCSA) with the USACE, Illinois Department of Natural Resources (IDNR), Lake County Stormwater Management Commission, and Kenosha County, Wisconsin. The FCSA indicates the federal (USACE) and local cost sharing arrangement for the cost of the study. At this time, USACE is requesting the District to replace CCDTH and become a signatory to the FCSA.
The USACE has undertaken two studies in the Des Plaines River watershed. The Upper Des Plaines River Study (Phase 1) assessed flood damage reduction opportunities along the Des Plaines River main stem and was completed in 1999. Resulting Phase 1 projects constructed by the USACE and/or local sponsors include Levee 37 in Mt. Prospect and Prospect Heights, and Levee 50 in Des Plaines. The District is currently constructing compensatory floodplain storage at Heritage Park in Wheeling to support the Levee 37 project. In 2002, the Upper Des Plaines River and Tributaries Phase 2 study was initiated and is focused on both flood damage reduction and ecosystem restoration along the Des Plaines River main stem and its tributaries. As a party to the FCSA, CCDTH represents Cook County's interests. After receiving stormwater management authority for Cook County in late 2004, USACE requested the District to attend advisory committee meetings for Phase 2. In 2005, IDNR asked the District to provide technical and financial assistance for the Phase 2 study, and the District agreed to survey elevations of structures within the 100-year floodplain along the Des Plaines River and certain tributaries. The Board of Commissioners granted authorization for this work on August 10, 2006. The data was utilized by the USACE to estimate flood damages for their Phase 2 study, and was also used by the District in its Detailed Watershed Plan for the Lower Des Plaines River. The District's cost for this survey work ($192,991.41) was credited to the study as a Cook County local cost share item. USACE indicates the amount of funding and work-in-kind credits contributed by Cook County (including the District's survey work) is $1,181,691.00.
Included with the USACE's letter is a draft FCSA Amendment, which would allow for the District to take the place of CCDTH and assume current and future local sponsor funding responsibilities. The amendment also includes a revision to the total estimated study costs and associated cost share requirements. The remaining amount of the cost share needed from Cook County to complete the study is $161,228.00, which includes $150,000.00 to be provided in cash and the remainder to be provided in work-in-kind credits.
Should any future contribution from the District be sought by the USACE for the study, an additional request to the Board of Commissioners would be made at that time after review by the Engineering Department. Upon completion of the study, there will be potential projects that could be pursued on a cost share basis between the USACE and the local sponsors. While the District would not be obligated under the FCSA to provide funding for any of the projects recommended in the study, the District would likely be approached for local sponsor funding commitments for any projects moving forward in Cook County.
The Engineering Department has reviewed the request from the USACE and considers it reasonable.
Based on the foregoing, it is requested that the Board of Commissioners grant authority to enter into an amended agreement (the FCSA) with the USACE and the aforementioned local sponsors, and to authorize payment, by direct voucher, in the amount of $150,000.00 to the USACE for the District's local cost share amount. It is further requested that the Chairman of the Committee on Finance, the Executive Director and the Clerk be authorized to execute said agreement on behalf of the District, as well as any documents necessary to effectuate the transaction and conveyance, upon approval by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.
Funds are available in account 501-50000-612490.
Requested, Catherine A. O'Connor, Director of Engineering, WSS:JPM
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Michael A. 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 July 11, 2013
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