TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 15, 2025
COMMITTEE ON PROCUREMENT
Mr. John P. Murray, Acting Executive Director
Title
Issue purchase order and enter into an agreement with the law firm of Liston & Tsantilis, P.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Flood Control Project on Prairie Creek in Maine Township and Park Ridge, Illinois (Contract 12-056-5F), in an amount not to exceed $250,000.00, Account 501-50000-612430, Requisition 1637775
Body
Dear Sir:
Authorization is requested to issue a purchase order and enter into an agreement with the law firm of Liston & Tsantilis, P.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Flood Control Project on Prairie Creek in Maine Township and Park Ridge, Illinois in an amount not to exceed $250,000.00.
On February 20, 2025, the District adopted Ordinance R25-002 establishing the right-of-way for the construction, operation, and maintenance of the Flood Control Project on Prairie Creek in Maine Township and Park Ridge, Illinois (“Project”). The Project includes the modification of an existing detention pond to provide additional stormwater storage, the construction of a new storm sewer under Dempster Street, channel conveyance improvements and the removal or replacement of restrictive culverts and bridges. The proposed improvements will help to alleviate public health and safety concerns by reducing overbank flooding to over 100 structures, including the Lutheran General Hospital campus, and major thoroughfares in the area.
The right-of-way for Prairie Creek requires the District to obtain property rights on 39 parcels. These parcels are a combination of residential, commercial, and vacant properties. Based on the number, complexity, and likelihood of multiple condemnation proceedings, it is recommended that an eminent domain firm be retained to ensure that acquisitions are handled in accordance with the statutory requirements of the Illinois Eminent Domain Act.
The District solicited three (3) law firms possessing the expertise to provide the requested legal services. These services will involve working collaboratively with the District to negotiate offers for the necessary properties, and preparing, filing, and prosecuting condemnation actions, including rights of entry for environmental testing, in accordance with the Illinois Eminent Domain Act and all other applicable laws.
The firms were interviewed by an evaluation committee comprised of staff from the Law and Procurement and Materials Management Departments. Based on the evaluation criteria, including the firm’s professional qualifications, resources, and experience with similar public projects, a composite evaluation score was calculated from the committee’s individual evaluations.
The law firm of Liston & Tsantilis, P.C. is nationally recognized for its experience in real estate law, including eminent domain, and has extensive expertise representing public bodies in large scale acquisition projects.
The firm has agreed to a reduced hourly rate based on the District’s status as a governmental entity: $325.00 for partners and associates, $200.00 for paralegals, and $75.00 for law clerks. As a result, an exception to the Board’s $250.00 hourly rate cap policy for outside legal services, adopted on March 15, 2018, is recommended.
As the law firm of Liston & Tsantilis, P.C. possesses a high degree of professional experience and skill, such action may be taken without advertising in accordance with Section 11.4 of the MWRD Purchasing Act.
In view of the foregoing, it is requested that the Director of Procurement and Materials Management be authorized to issue a purchase order and enter into an agreement with the law firm of Liston & Tsantilis, P.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Flood Control Project on Prairie Creek in Maine Township and Park Ridge, Illinois (Contract 12-056-5F), in an amount not to exceed $250,000.00.
Funds for the 2025 expenditures in the amount of $90,000.00 are available in Account 501-50000-612430. The estimated expenditures for 2026 are $160,000.00. Funds for 2026 expenditures are contingent on the Board of Commissioners’ approval of the District’s budget for that year.
Requested, Susan T. Morakalis, General Counsel, STM:BJD:NOC:vp
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Precious Brady-Davis, Chairperson, Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for May 15, 2025