TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 3, 2013
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Authority to increase purchase order and amend the agreement with Beveridge & Diamond, P.C. to represent the District in the case of the United States of America and State of Illinois v. Metropolitan Water Reclamation District of Greater Chicago; Civil Action No. 1:11-cv-08859 in an amount of $300,000.00, from an amount of $2,100,000.00, to an amount not to exceed $2,400,000.00, Account 101-30000-601170, Purchase Order 3045395
Body
Dear Sir:
On May 17, 2007, the Board of Commissioners authorized the Director of Procurement and Materials Management to issue a purchase order and enter into an agreement with Beveridge & Diamond, P.C. for legal services, in an amount not to exceed $200,000.00. The contract has no expiration date.
As of September 19, 2013, the attached list of change orders has been approved. The effect of these change orders resulted in an increase in an amount of $1,900,000.00 from the original amount awarded of $200,000.00. The current contract value is $2,100,000.00. The prior approved change orders reflect an 950% increase to the original contract value.
The reason for this change order is that the court allowed the Plaintiff-Intervenors leave to conduct discovery on an expedited basis. Responding to the voluminous discovery on a compressed schedule required an enormous investment of time. In addition, the District must review and reply to the response briefs, including extensive exhibits, submitted by Plaintiff-Intervenors. The volume and continuing nature of the work required on each of these items is much greater than originally anticipated at the outset of this matter.
This change order is in compliance with the Illinois Criminal Code because the change is germane to the original agreement as signed and due to circumstances not reasonably foreseeable at the time the contract was signed, and is in the best interest of the District.
It is hereby recommended that the Board of Commissioners authorize the Director of Procurement and Materials Management to execute a change order to increase the purchase order and amend the agreement in an amount of $300,000.00 (approximately 14.3% of the current contract value) from an amount of $2,100,000.00 to an amount not to exceed $2,400,000.00.
Funds are available in Account 101-30000-601170.
Requested, Ronald M. Hill, General Counsel, RMH:bh
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Barbara J. McGowan, 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 October 3, 2013
Attachment