TRANSMITTAL LETTER FOR BOARD MEETING OF MARCH 7, 2024
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to enter into an Intergovernmental Agreement with and make payment to the Board of Education of the City of Chicago for the design, construction, operation, and maintenance of Green Infrastructure at Chicago Public Schools (24-IGA-02), Space to Grow Program Phase III, in an amount not to exceed $15,900,000.00
Body
Dear Sir:
On May 15, 2014, the Board of Commissioners granted authority to enter into an Intergovernmental Agreement (IGA) to install Green Infrastructure (GI) at four Chicago Public Schools with the Board of Education of the City of Chicago (Board). After successful completion of these four projects (Phase I), on October 16, 2014, the Board of Commissioners granted authority to enter into an IGA with the Board to install GI at a maximum of 30 Chicago Public Schools (Phase II). All 34 schools included in Phase I and Phase II of the Space to Grow program (Program) are now completed, and the parties would like to continue the Program under similar terms, with the City of Chicago through its Department of Water Management and the District sharing the cost of the GI components and the Board assuming all costs associated with recreational and other aesthetic improvements.
On January 5, 2023, the Board of Commissioners authorized the District to negotiate a new IGA to install green infrastructure at additional public schools in the City of Chicago. Following negotiations between the District and the Board, an agreement in principle has been reached. Authorization is hereby requested to enter into a new IGA with and make payment to the Board for the design, construction, operation, and maintenance of GI at Chicago Public Schools through 24-IGA-02, Space to Grow Program Phase III.
Runoff captured by GI at these schools will reduce stormwater runoff entering the combined sewer system. This runoff contributes to flooding, basement backups, and combined sewer overflows. The improvements will also serve as educational opportunities for the students and general public to learn about the benefits of GI.
The terms of the IGA include payment by the District towards the construction costs of each selected school, based on the total Designed Retention Capacity (DRC), or stormwater storage, a project provides. District funding will be provided at a fixed rate per gallon of DRC for each project. The District retains the discretion to adjust the amount of its reimbursement based on a school’s final constructed DRC. In no circumstance will the total amount funded across all projects exceed $15,900,000.00 over a 36-month period after execution of the IGA. The District will include the total volume of stormwater storage for each school in its annual reporting to the United States Environmental Protection Agency for the GI portion of the District’s consent decree.
The Board will be responsible for engineering, other design related costs of the project, and construction costs not reimbursed by the District. Additionally, the Board assumes responsibility for construction, operation, and maintenance of the project. The Board will also be solely responsible for any change orders. The District will also confirm the final constructed DRC and perform inspections after construction of a project. The IGA also contains provisions which allow the District to review the project’s design, and to perform inspections after construction. The IGA will also require the Board to advertise and award the construction contracts in conformance with the District’s Purchasing Act, Multi-Project Labor Agreement, and Affirmative Action Requirements.
The Affirmative Action goals to be applied will conform with the current requirements of the Appendix D upon execution of this IGA. After construction, the Affirmative Action utilization on this project will be verified annually by the District and provided in an annual report to the Board of Commissioners, summarizing goal attainment on stormwater partnerships.
Based on the foregoing, it is requested that the Board of Commissioners grant authority for the District to enter into an IGA with and make payment to the Board of Education of the City of Chicago in an amount not to exceed $15,900,000.00 and with the City of Chicago through its Department of Water Management to match the District’s contributions. It is further requested that the Chairman of the Committee on Finance, Executive Director, and Clerk be authorized to execute said agreement on behalf of the District, as well as any documents necessary to effectuate the transaction and conveyance, upon approval by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.
Funds for this project are subject to appropriation in 2024 in Account 501-50000-612400. Funds requested in future years are contingent on the Board of Commissioners’ approval of the District’s budget for those years.
Requested, Catherine A. O’Connor, Director of Engineering, KMF:JK
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for March 7, 2024