TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 18, 2023
COMMITTEE ON PROCUREMENT
Mr. Brian A. Perkovich, Executive Director
Title
Issue purchase order and enter into an agreement with the law firm of Neal and Leroy, L.L.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey, Illinois (Contract 18-249-AF), in an amount not to exceed $400,000.00, Account 501-50000-612430, Requisition 1599400
Body
Dear Sir:
Authorization is requested to issue a purchase order and enter into an agreement with the law firm of Neal and Leroy, L.L.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey, Illinois, in an amount not to exceed $400,000.00.
On April 20, 2023, the District adopted Ordinance R23-001 establishing the right-of-way for the construction, operation, and maintenance of the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey, Illinois (Contract 18-249-AF) (“Project”). The Project includes the creation of an approximately 23-acre-foot stormwater detention basin along Myrtle Avenue, between 153rd Street and 154th Street, to provide flood storage and open space recreation, as well as the installation of approximately 9,650 feet of storm sewer to convey stormwater to the proposed basin and allow discharge into the Wood Street storm sewer system. The proposed improvements will provide flood reduction benefits to approximately 209 structures.
The right-of-way for the Project requires the District to acquire fee simple title to 31 parcels, comprising approximately 4.4 acres total. These parcels are a combination of residential 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 the acquisitions are handled in accordance with the statutory requirements of the Illinois Eminent Domain Act and that relocation services for residents are provided in accordance with the Uniform Relocation Act (“URA”).
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; retaining a relocation consultant to oversee the provision of relocation costs and services that property owners are eligible for under the URA; 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 Engineering, 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 and the relocation process, a composite evaluation score was calculated from the committee’s individual evaluations.
The law firm of Neal and Leroy, L.L.C. received the highest composite score from the evaluation committee. Neal and Leroy, L.L.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’s hourly rate for its governmental clients, which include the City of Chicago, the Chicago Transit Authority, and the Chicago Board of Education, is $295.00. 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 Neal and Leroy, L.L.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.
The Multi-Project Labor Agreement (MPLA) is not applicable because the classification of work does not fall within the provisions of the MPLA. The Affirmative Action Ordinance, Appendix A and Appendix V, are not included because there are no MBE or WBE vendors in the District's Vendor List that are available to perform the relocation services scope of work. However, Neal and Leroy, L.L.C. is a minority-owned firm, and intends to work with a minority-owned firm to provide relocation services.
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 Neal and Leroy, L.L.C. to represent the District in acquiring certain property rights in connection with the construction, operation, and maintenance of the Central Park Stormwater Detention Basin and Separate Storm Sewer Improvements in Harvey, Illinois (Contract 18-249-AF), in an amount not to exceed $400,000.00.
Funds for the 2023 expenditures in the amount of $250,000.00 are available in Account 501-50000-612430. The estimated expenditures for 2024 are $150,000.00. Funds for 2024 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:vp
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Marcelino Garcia, Chairman 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 18, 2023