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HomeMy WebLinkAbout8.4 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS TO SHARE THE COST OF ENGINEERING SERVICES TO CERTIFY LEVEE 37 WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).M+awn �'xytlts=e Item Cover Page Subject A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS TO SHARE THE COST OF ENGINEERING SERVICES TO CERTIFY LEVEE 37 WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). Meeting January 21, 2025 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Y Dollar Amount $28,500.00 Budget Source Flood Control Construction Fund Category NEW BUSINESS Type Action Item Information Construction of Levee 37 was completed in 2024 with the commissioning of a supplemental pump station (Pump Station 2.5). This station increased the dewatering capability of the levee pump system to mirror the natural drainage rate for properties in northeast Mount Prospect prior to levee construction. The original pump station system only provided about 60 cubic feet per second (CFS) worth of dewatering pump capacity. With the addition of Pump Station 2.5, the dewatering capacity improves to over 200 CFS. The drainage capacity of the area prior to the levee (overland, through soil, and via gravity storm sewers) was 240 CFS. This improvement provides valuable protection from riverine and interior drainage flooding for Mount Prospect homes and businesses. Another important benefit the levee provides is relief from a federal requirement that property owners in the regulated floodplain have flood insurance. The Federal Emergency Management Agency (FEMA) requires homes and businesses within a designated Special Flood Hazard Zone maintain adequate flood insurance. 183 homes and businesses behind the levee in Mount Prospect are required to have flood insurance. Hundreds more in Prospect Heights are also subject to this requirement. The average cost of flood insurance is $2,000 per year. The levee can potentially nix this requirement. To do this, FEMA must be petitioned to issue Letter of Map Revision (LOMR) that states the levee can provide protection against the 100 - year recurrence interval riverine flood. A 100 -year river flood is an event that has a 1% chance of happening in any given year. Once a LOMR is issued, FEMA will remove the Special Flood Hazard designation from their Flood Insurance Rate Maps (FIRM). The new maps release property owners from the mandatory requirement to have flood insurance. To certify a levee, the community or levee owner must work with a licensed engineer to develop and certify documentation that the levee meets design construction standards. In the case of Levee 37, this scope of work includes: • Requesting information from United States Army Corps of Engineers (USACE) designers. • Reviewing, updating, and affirming hydraulic modeling for the levee and for upstream compensatory storage at Heritage Park. • Reviewing and updating interior drainage models and river profiles to comply with current FEMA requirements. • Coordinate findings and LOMR request with the Illinois Department of Natural Resources - Office of Water Resources (IDNR-OWR). • Prepare Letter of Map Revision for submittal to FEMA. • Respond to FEMA review comments. Discussion USACE originally intended to certify the levee utilizing their in-house staff at no charge to Mount Prospect or Prospect Heights. Recent rule changes at USACE require a funding source to proceed with certification work. USACE estimates that their cost to perform this work would be between $300,000 - $500,000. As the local sponsors and owners of the levee, Mount Prospect and Prospect Heights would have to foot this bill. As an alternative, staff solicited a proposal from Christopher B. Burke Engineering, LTD (CBBEL) to prepare a certification request for Levee 37. In the opinion of staff, CBBEL is uniquely qualified for this role because of their extensive work on the 2015 Levee 37 Drainage Study which included analysis of the interior drainage behind the levee as well as the impact of mechanical pump dewatering on downstream river profiling. This work was extremely influential in persuading USACE and IDNR to fund the supplemental pump station. It also has given CBBEL a rather exclusive understanding of the levee system and the key stakeholders. In addition, CBBEL is one of the few consulting firms who have actual experience with the levee certification process. CBBEL's requested fee to certify the levee is $57,000. The work effort includes 324 hours and the hourly rate is $176 / hour. It is the opinion of staff that this rate is acceptable considering the experience and knowledge requirements to successfully complete the task. The City of Prospect Heights has agreed to share in this cost equally. The Village's anticipated cost to certify the levee is $28,500. Attached are a resolution and an intergovernmental agreement memorializing this arrangement. Alternatives 1. Pass a resolution authorizing the mayor to sign an intergovernmental agreement with the City of Prospect Heights to certify Levee 37. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board pass a resolution authorizing the mayor to sign an intergovernmental agreement with the City of Prospect Heights to share equally in the cost of engineering services necessary to certify Levee 37 with FEMA. Attachments 1. VOMP-PH IGA FOR LEVEE 37 CERTIFICATION COSTS 2. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS FOR THE CERTIFICATION OF LEVEE 37ka INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the City of Prospect Heights (the "City" or "Party") and the Village of Mount Prospect, an Illinois municipal corporation (the "Village" or "Party") (collectively "Parties"). RECITALS WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the City of Prospect Heights (the City) and the Village of Mount Prospect (the Village) are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the United States Army Corps of Engineers (USACE) constructed Levee 37 and its supplemental Pump Station 2.5 to protect homes and businesses from riverine and interior drainage system flooding, and WHEREAS, the City and the Village have agreed to be local community sponsors for the Levee 37 improvements accepting ownership, operation, and maintenance responsibilities for the levee system when completed, and WHEREAS, USACE recently advised the City and the Village that it would cost between $300,000 and $500,000 for USACE to certify Levee 37 with the Federal Emergency Management Agency (FEMA), and WHEREAS, FEMA certification of the levee is necessary to remove the federal requirement for homeowners protected by the levee to have flood insurance, to permit new construction below the current base flood elevation, and to remove the area protected by the levee from FEMA's Flood Insurance Rate Maps (FIRM), and WHEREAS, the City and the Village affirm that these outcomes are desirable and provide good and valuable benefits for the residents of both communities, and WHEREAS, the City and the Village have obtained a proposal from Christopher B. Burke Engineering, LTD, of Rosemont, Illinois (CBBEL), to prepare and submit the documentation necessary for FEMA certification of Levee 37 at less than 25% of USACE's estimated cost, and WHEREAS, the City and the Village have mutually agreed to share equally in the cost of the CBBEL contract for engineering services necessary to certify Levee 37, and NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Page 1 of 4 Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Scope of the Work. The Parties agree that the general purpose of the Work shall is to prepare and submit necessary documentation and supporting data necessary for FEMA certification of Levee 37 and issuance of a Letter of Map Revision (LOMR) removing properties protected by the levee from the Special Flood Hazard Area designation on FIRM maps. To this end, work tasks include: Task 1 — USACE Data Request and Coordination: CBBEL will request additional information from the United States Army Corps of Engineers including the most recent hydraulic model and interior drainage analysis. Task 2 — Hydraulic Modeling Review and Updates: CBBEL will complete a review of the hydraulic model provided for concurrence with the Levee 37 as -built plans and upstream compensatory storage at Heritage Park in Wheeling, IL. It is assumed these were the proposed conditions plans. Updates to the model for compliance with the as -built plans will be performed. Task 3 — Interior Drainage Modeling Review and Updates: CBBEL will review the previously submitted model for concurrence with the as -built plans. It is assumed that this model was a proposed conditions model and not updated per the as built plans as this software is no longer supported by USACE. CBBEL previously prepared a more current model as part of the Levee 37 interior drainage improvements project. CBBEL will update this model as necessary to conform with the previously submitted hydrology and in accordance with FEMA interior drainage analysis guidelines. Task 4 — Pre -Submittal Agency Coordination: Illinois Department of Natural Resources Office of Water Resources (IDNR-OWR) concurrence is required. The modeling analysis completed in Task 2 will be provided to IDNR-OWR along with a LOMR cover letter describing changes from the previous submittal. IDNR-OWR will review the technical aspects of the hydraulic modeling and flood mapping. After IDNR-OWR has concurred with the technical aspects of the LOMR request, they will issue a 21 -day public notice to affected property owners and other governmental agencies. If comments are received during the public notice period, CBBEL will provide IDNR-OWR with appropriate responses. Task 5 — LOMR Resubmittal and Agency Response: Upon receipt of IDNR-OWR concurrence, the LOMR request will be submitted to FEMA for approval. This task includes responding to any FEMA review comments and general project coordination. Section 3. Sharing of the costs, fees, and expenses of the Work. The City and the Village will each pay one half of the costs, fees, and expenses of the Work as set forth in a technical proposal and a cost proposal prepared by CBBEL. The City and the Village agree the Party that contracts for the Work shall pay for it and the non -contracting Party shall reimburse the contracting Party for one half of the cost within ten (10) days after receipt of written notice the reimbursement is required. Page 2 of 4 Section 4. Insurance. The City and the Village each shall procure and maintain, at their sole cost and expense, during the Work, a policy or policies of insurance with a company or companies authorized to do business in Illinois that insure each Party against general liability, fire, casualty, theft and property damage caused by the entity retained to do the Work, along with its employees and contractors. The coverage amounts for the insurance policy or policies for each Party shall be $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The City and the Village shall be named as a primary insured on the insurance policies. The City and the Village will provide to each other Certificates of Insurance if requested. Section 5. General Provisions. 5.1. Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County, Illinois, and both City and the Village consent to the personal and subject matter jurisdiction of said Circuit Court and waive any claim that venue therein is not proper. 5.2. Modification of the Agreement. This Agreement shall not be modified, altered, or amended in anyway except in writing agreed upon by both the City and the Village. 5.3. Notices. All written notices made pursuant to this Agreement shall be directed to the specified individuals at the addresses set forth below by any of the following means: personal service, overnight courier or first-class mail, postage pre -paid. TO THE CITY OF PROSPECT HEIGHTS: City Administrator City of Prospect Heights 8 North Elmhurst Road Prospect Heights, Illinois 60070 TO THE VILLAGE OF MOUNT PROSPECT: Village Manager 50 South Emerson Street Mount Prospect, Illinois 60056 5.4. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Village and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. Page 3 of 4 IN WITNESS WHEREOF, the City of Prospect Heights and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. VILLAGE OF MOUNT PROSPECT Paul W. Hoefert Mayor This_ day of , 2025 ATTEST: Mount Prospect Village Clerk CITY OF PROSPECT HEIGHTS Patrick Ludvigsen Mayor This _ day of , 2025 ATTEST: Page 4 of 4 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS FORTH E CERTIFICATION OF LEVEE 37 WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to contractor otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 I LCS 220/1 etseq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the City of Prospect Heights (the City) and the Village of Mount Prospect (the Village) are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, havingthe power and authorityto enter into an intergovernmental agreement; and WHEREAS, the United States Army Corps of Engineers (USACE) constructed Levee 37 and its supplemental Pump Station 2.5 to protect homes and businesses from riverine and interior drainage system flooding, and WHEREAS, the City and the Village have agreed to be local community sponsors for the Levee 37 improvements accepting ownership, operation, and maintenance responsibilities for the levee system when completed, and WHEREAS, USACE recentlyadvised the Cityand the Village that itwould cost between $300,000 and $500,000 for USACE to certify Levee 37 with the Federal Emergency Management Agency (FEMA), and WHEREAS, FEMA certification of the levee is necessary to remove the federal requirement for homeowners protected by the levee to have flood insurance, to permit new construction below the current base flood elevation, and to remove the area protected by the levee from FEMA's Flood Insurance Rate Maps (FIRM), and WHEREAS, the City and the Village affirm that these outcomes are desirable and provide good and valuable benefits for the residents of both communities, and WHEREAS, the City and the Village have obtained a proposal from Christopher B. Burke Engineering, LTD, of Rosemont, Illinois (CBBEL), to prepare and submit the documentation necessary for FEMA certification of Levee 37 at less than 25% of USACE's estimated cost, and WHEREAS, the City and the Village have mutually agreed to share equally in the cost of the CBBEL contract for engineering services necessary to certify Levee 37, and NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor is hereby authorized to execute an intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share equally in the financial cost of an engineering services contract necessary to obtain FEMA certification of Levee 37. SECTION TWO: The intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share equally in the financial cost of an engineering services contract necessary to obtain FEMA certification of Levee 37 is attached. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage. AYES: NAYS: ABSENT: PASSED and APPROVED this 21st day of January, 2025 Paul Wm, Hoefert Mayor Karen M. Agoranos Village Clerk