TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 15, 2008
COMMITTEE ON PURCHASING
Mr. Richard Lanyon, General Superintendent
Title
Issue purchase order and enter into an agreement with Mr. Irwin Polls, in an amount not to exceed $35,475.00, Account 101-16000-601170, Requisition 1242842
Body
Dear Sir:
Authorization is requested to issue a purchase order (PO) and enter into an agreement with Mr. Irwin Polls for professional consulting services to review technical information relative to the Lower Des Plaines River (LDPR) Use Attainability Analysis (UAA). Mr. Polls is a former Metropolitan Water Reclamation District of Greater Chicago (District) employee, who was the section head of the Aquatic Ecology and Water Quality Section (AEWQS) of the Environmental Monitoring and Research Division in the Research and Development Department. Mr. Polls was employed by the District for thirty-two (32) years until his retirement on April 30, 2003. This PO will expire December 31, 2009.
Mr. Polls, the sole-service provider of professional consulting services to review technical information relative to the LDPR UAA, has submitted prices for the services required. Inasmuch as Mr. Polls is the only source of supply for the services required, nothing would be gained by advertising for bids (Section 11.4 of the Purchasing Act). Therefore, this PO with Mr. Polls is for a sole-source agreement for the services of an individual who possesses a high degree of professional skill where the ability or fitness plays an important part.
Mr. Polls is an independent contractor and is therefore not required to be registered with the State of Illinois.
The Multi-Project Labor Agreement is not applicable due to the specialized nature of the services required.
On July 10, 2003, the Board of Commissioners approved the issuance of PO 3021030 for $14,055.00 to Mr. Polls to perform a review of technical information pertaining to the LDPR UAA. The UAA was initiated by the Illinois Environmental Protection Agency (IEPA) in the summer of 2000 to assess the chemical, physical, and biological conditions of the LDPR for the possible upgrade of its use classification by the Illinois Pollution Control Board (IPCB). Any new regulations imposed by the IPCB, as a result of the UAA, could significantly impact the costs of the District’s effluent treatment plant operations.
Originally Mr. Polls was retained to provide expert support for the LDPR UAA study and rulemaking. Subsequently, the LDPR UAA rulemaking was combined with the Chicago Area Waterways (CAWs) UAA rulemaking, which are now being handled under the same IPCB docket number R08-9. As a result of the combined rulemaking and the intense interest by local stakeholders, the rulemaking process has become very complex and is likely to involve many more hearings and iterations than initially anticipated. This has necessitated an expansion of Mr. Polls’ role in this project.
A new PO/agreement is necessary to enable the District to utilize Mr. Polls’ expertise to comment and formulate questions pertaining to the IEPA’s regulatory proposal, data and information; attend future hearings; and review testimony being developed by the District. Mr. Polls is uniquely qualified to provide these services because he has considerable knowledge of the waterways and the data that has been collected over the past three decades and has past experience with the IPCB water quality rulemaking process.
In addition, the District’s AEWQS is small and has a number of extensive field monitoring programs to conduct each year (e.g. Ambient Water Quality Monitoring Program of CAWs, Illinois Waterway Survey, Continuous Dissolved Oxygen Monitoring Program, etc.), as well as special research projects such as the CAWs Habitat Evaluation and Improvement Study (07-RFP-34) and the development of the IEPA water quality nutrient standards (e.g. Salt Creek phosphorus removal demonstration study). The services provided by Mr. Polls will enable the District to better manage the workload of this section and will allow the District to present an effective case before the IPCB.
To summarize, this new PO/agreement will cover the preparation and presentation of testimony by Mr. Polls, on behalf of the District, to the IPCB in response to the findings of the UAA and any impending regulatory changes by the IPCB. As a result, it is estimated that this project could continue through December 31, 2009.
In view of the foregoing, it is requested that the Purchasing Agent be authorized to issue a PO and enter into an agreement with Mr. Irwin Polls, in an amount not to exceed $35,475.00.
Funds for the 2008 expenditures in the amount of $35,475.00 are available in Account 101-16000-601170, Corporate Fund.
Requested, Louis Kollias, Director of Research and Development, LK:WJS:MPC:KB:bk
Recommended, Darlene A. LoCascio, Purchasing Agent
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Purchasing
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this May 15, 2008. Approved, President Terrence J. O’Brien