TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 1, 2022
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to enter into an Intergovernmental Agreement with and make payment to the Lyons Township Road District for the design, construction, land acquisition, operation and maintenance of the Acacia Acres Flood Relief Project in Lyons Township, SSA (22-IGA-08) in an amount not to exceed $1,000,000.00, Account 501-50000-612400, Requisition 1591408
Body
Dear Sir:
Authorization is requested to enter into an Intergovernmental Agreement (IGA) with and make payment to the Lyons Township Road District (Road District) for the design, construction, land acquisition, operation and maintenance of Acacia Acres Flood Relief Project in Lyons Township, SSA (22-IGA-08) (Project) in an amount not to exceed $1,000,000.00.
On April 21, 2022, the Board of Commissioners authorized the District to negotiate an intergovernmental agreement (IGA) with the Road District to outline certain responsibilities for the Project. The proposed Project consists of a new storm water detention facility along with conveyance improvements that reduce flooding impacts to residential structures as well as several roadways in unincorporated Lyons Township.
The IGA sets forth that the Road District shall acquire the necessary property and easements needed for the project right-of-way, and shall assume sole responsibility for design, construction and perpetual maintenance of the Project improvements. Under the IGA, the District will reimburse the Road District in an amount not to exceed $328,500.00 for the land acquisition costs and an amount not to exceed $671,500.00 for the construction costs. The total project cost including design, permitting, land acquisition and construction is estimated to be $1,171,500.00.
The District and the Road District have agreed in principle to the terms of the IGA, which include partial payments to be made at predefined intervals to the Road District for land acquisition and for construction, which is anticipated to commence in 2023. The Road District will be responsible for engineering and other design-related costs of the project and will be solely responsible for any change orders. The IGA contains provisions which allow the District to review the project’s design and perform inspections after construction. The IGA also requires the Road District 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 to the total amount of reimbursement provided by the District for this project are 20 percent for Minority-owned Business Enterprises (MBE), 10 percent for Women-owned Business Enterprises (WBE), 10 percent for Small Business Enterprises (SBE), and 3 percent for Veteran-owned Business Enterprises (VBE). In keeping with the Board’s request to receive summary reports documenting the attainment of diversity goals across District stormwater partnerships, the Road District will be required to provide information on the attainment of the Affirmative Action utilization for this project, which will be included in the summary report to be submitted to the Board on an annual basis.
Based on the foregoing, it is requested that the Board of Commissioners grant authority for the District to enter into an IGA with the Road District for the Project. 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 2022 in the amount of $328,500.00 are available in Account 501-50000-612400. Funds are being requested in 2023 in the amount of $671,500.00 in Account 501-50000-612400, and are contingent upon the Board of Commissioners’ approval of the District’s budget for that year.
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 December 1, 2022