TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 15, 2008
COMMITTEE ON PURCHASING
Mr. Richard Lanyon, General Superintendent
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Issue purchase order and enter into an agreement with Johnston Green LLC and Iain Johnston, for legal services in connection with acquiring rights-of-way for the 39TH Street Conduit Rehabilitation Project Phase I Bypass, contract 01-103-2S, in an amount not to exceed $80,000.00, Account 401-50000-601170, Requisition 1241680
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Dear Sir:
On June 1, 2006, the District passed an Ordinance Number 06-001 establishing the right-of-way for the construction, operation, maintenance, and rehabilitation of the 39th Street Conduit Rehabilitation Phase I Bypass Tunnel, Contract 01-103-2S in parts of Sections 32, 33, and 34, Township 39 North, Range 14 East, and also Sections 3, 4, and 5, Township 38 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. Approximately 15,200 feet of subterranean tunnel, six (6) drop shafts, one (1) construction shaft, and various connecting sewers and structures will be built to accommodate the rehabilitation of the existing 20-foot diameter intercepting sewer known as the 39th Street Conduit.
The tunnel will run generally along 39th Street (Pershing Road) beginning at South Lake Park Avenue and proceeding westerly to South Racine Avenue in the City of Chicago.
The right-of-way acquisition activity for the rehabilitation project has been ongoing over the past year. The Engineering Department desires to acquire each of the necessary rights-of-way for the facilities prior to advertising the construction contract and accepting bids. Staff has been negotiating with the individual landowners along 39th Street to acquire the necessary easements, grants, and other right-of-ways required for the project; however, certain temporary and permanent subterranean easements require acquisition through eminent domain proceedings.
Because eminent domain actions require special legal services relating to such transactions, the District retained Holland & Knight, LLP, Attorneys at Law, and Messrs. Jack Siegel and Iain Johnston of that firm on October 4, 2007, to provide legal services to the District in connection with acquiring certain temporary and permanent subterranean easements in connection with the 39th Street Conduit Rehabilitation Project, Contract 01-103-2S in an amount not to exceed $80,000.00. It was anticipated that easements at three of the six drop shaft locations must be acquired through condemnation proceedings.
Mr. Iain Johnston performed the majority of the legal work under the purchase order since October 2007. Mr. Johnston has left Holland & Knight and formed his own firm (Johnston Greene LLC). Because Mr. Johnston is the attorney handling the 39th Street easement acquisition work and no other attorney at Holland & Knight has performed substantial work on this matter (with the exception of Jack Siegel who has billed approximately 1½ hours to date), it is recommended that a purchase order be issued to Johnston Greene LLC so that the work performed by Mr. Johnston to date on behalf of the District can continue to flow without interruption since the timing of acquiring the necessary right-of-way is critical. Holland & Knight has indicated that if the District wishes to continue to work with Mr. Johnston and his new firm that it would relinquish the file and allow Mr. Johnston to continue representing the District. Upon issuance of a purchase order to Johnston Greene, appropriate action will be taken to terminate the arrangement with Holland & Knight’s attorney.
Mr. Johnston specializes in representing municipalities and State of Illinois agencies in litigation involving land use issues and condemnation matters. Mr. Johnston has agreed to work for a reduced hourly rate of $265.00. Said purchase order may be issued without competitive bidding pursuant to the provisions of Section 11.4 of the Purchasing Act since the law firm of Johnston Greene LLC and Mr. Johnston possess a high degree of professional skill.
In view of the foregoing, it is requested that the Purchasing Agent be authorized to issue a purchase order and enter into an agreement with the law firm of Johnston Greene LLC and Mr. Johnston to represent the District in acquiring certain rights-of-way in connection with the construction, operation, maintenance, and rehabilitation of the 39th Street Conduit Rehabilitation Phase I Bypass Tunnel, Contract 01-103-2S for an amount not to exceed $80,000.00.
Funds are available in Account 401-50000-601170.
Requested, Frederick M. Feldman, Attorney, FMF:CL:STM:nm
Recommended, Darlene A. LoCascio, Purchasing Agent
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Purchasing
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this May 15, 2008. Approved, President Terrence J. O’Brien
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