TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 21, 2024
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
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Authority to negotiate and enter into an Intergovernmental Agreement with and make payment to the Lyons Township Road District for the Acquisition of Flood-Prone Properties and Construction of Stormwater Storage in Lyons Township (23-IGA-43), in an amount not to exceed $2,500,000.00, Account 501-50000-612400
Body
Dear Sir:
Authorization is requested to negotiate and enter into an Intergovernmental Agreement (IGA) with and make payment to the Lyons Township Road District (Road District) for the Acquisition of Flood-Prone Properties and Construction of Stormwater Storage in Lyons Township (23-IGA-43), in an amount not to exceed $2,500,000.00.
On June 15, 2023, the Board of Commissioners authorized the District to negotiate and enter into an American Rescue Plan Act (ARPA) Subrecipient Agreement with Cook County (County) for joint funding of stormwater management projects located in Cook County, including the subject project. Under this project, it is proposed that the Road District will acquire and demolish multiple flood-prone structures and construct stormwater storage on the various properties. Based on coordination with the County and the Road District, up to six properties subject to repetitive flooding were identified for acquisition and inclusion in the IGA. These flood-prone acquisitions will be voluntary, with the Road District presenting the offers to purchase these properties from the current owners. This project is expected to address repetitive flooding issues of residential structures in low-lying areas in Lyons Township and provide flood relief to nearby properties and downstream structures in the area.
On September 21, 2023, the Board of Commissioners authorized the District to negotiate and enter into an IGA with and make payment to Lyons Township for the subject project. Through the course of negotiations, it became apparent that the appropriate partnering agency on this project would be the Road District instead of Lyons Township. Therefore, authorization is needed to negotiate and enter into an IGA with and make payment to the Road District for the subject project, and the prior authorization is hereby rescinded
The terms of the IGA will include payment by the District towards acquisition, demolition, design, and construction costs in an amount not to exceed $2,500,000.00, using ARPA funding allotted for this project. Partial payments to the Road District, to be set forth in the IGA, will be made upon the closing of each property and at predefined intervals during construction. Acquisition of the properties and demolition, design, and construction are anticipated to commence in 2025. The Road District will be responsible for administering the acquisitions, including the legal costs related to real-estate closings on the properties, and will assume responsibility for the demolition, design, construction, operation, and maintenance of the project. The IGA will contain provisions that allow the District to review the project’s design and perform inspections after construction. Since the ARPA funding provided by the County will be used to cover all costs associated with this project (through the ARPA Subrecipient Agreement), the IGA will require the Road District to acquire the property and perform the demolition, design, construction, and grading work in conformance with the procurement standards of the ARPA agreement, as well as the District’s Purchasing Act, Multi-Project Labor Agreement, and Affirmative Action Requirements.
Based on the foregoing, it is requested that the Board of Commissioners grant authority for the District to negotiate and enter into an IGA with and make payment to the Road District in an amount not to exceed $2,500,000.00. It is further requested that the Chairman of the Committee on Finance, Executive Director, and 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 in the amount of $2,500,000.00 are anticipated to be spent over the next two-year period, beginning in 2025, in accordance with the agreement after its execution. Funds from Account 501-50000-612400 requested in future years are contingent on the Board of Commissioners’ approval of the District’s budget for those years.
Requested, Catherine A. O’Connor, Director of Engineering, KMF:JK
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for November 21, 2024