TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 18, 2025
COMMITTEE ON PROCUREMENT
Mr. John P. Murray, Executive Director
Title
Issue purchase order and enter into an agreement with Barnes & Thornburg LLP for legal services related to the time limited water quality standard for dissolved oxygen in the Chicago Area Waterway System, in an amount of $700,000.00 Account 101-30000-612430, Requisition 1649976
Body
Dear Sir:
On June 18, 2015, the Illinois Pollution Control Board (IPCB) adopted a more stringent water quality standard for dissolved oxygen in the Chicago Area Waterway System. Because the waterways could not consistently meet this new standard until completion of the District’s Tunnel and Reservoir Plan (TARP), the District sought a type of variance known as a time limited water quality standard (TLWQS) from the IPCB. Following a lengthy administrative process, the IPCB granted the requested TLWQS subject to several conditions.
One of the conditions of the TLWQS is that the District complete excavation of the McCook Stage 2 Reservoir-the final major component of TARP-by the end of 2029. It was recently discovered that this condition cannot be met-specifically, reservoir mining delays beyond the District’s control will postpone the estimated McCook Stage 2 completion date from the end of 2029 to December 2032. Consequently, it is necessary to determine whether this delay requires formal action and, if so, to petition the IPCB for a new or amended dissolved oxygen TLWQS.
Fredric Andes-a partner in the law firm of Barnes & Thornburg LLP with over 45 years of experience in environmental law-represented the District in the IPCB’s dissolved oxygen rulemaking and subsequent TLWQS proceeding. Because he worked on the underlying proceedings, ultimately securing the necessary relief for the District, and has more experience than any attorney handling TLWQS for the Chicago Area Waterway System, Mr. Andes is uniquely qualified to represent the District on matters relating to the dissolved oxygen TLWQS.
For this specialized work, Barnes & Thornburg has agreed to bill the District at the blended rate of $700.00 per hour. Considering the complexity of the work and the unmatched experience of Mr. Andes and Barnes & Thornburg’s environmental practice group, along with the current hourly rates of major national law firms including those with Chicago offices, the Law Department finds these fees to be reasonable. 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.
Obtaining a new or amended TLQS could require up to 1,000 hours of attorney time. It is therefore recommended that the Board of Commissioners authorize the Director of Procurement and Materials Management to issue a purchase order to and enter an agreement with Barnes & Thornburg LLP in an amount not to exceed $700,000.00. Because Barnes & Thornburg LLP possesses a high degree of professional experience and skill, such action may be taken without competitive bidding in accordance with Section 11.4 of the District’s Purchasing Act.
The estimated expenditures for 2026, 2027, and 2028 for Barnes & Thornburg LLP are $250,000.00, $250,000.00, and $200,000.00, respectively. Funds for these expenditures are contingent on the Board of Commissioners’ approval of the District’s budget for those years.
Requested, Susan T. Morakalis, General Counsel STM:JTM:JMP:alf
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 December 18, 2025