TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 15, 2021
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
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Authority to negotiate and enter into an Intergovernmental Agreement with and make payment to the Village of Flossmoor for the construction, operation, and maintenance of the Berry Lane Stormwater Improvements in the Village of Flossmoor, CSA (21-IGA-07) in an amount not to exceed $208,000.00, Account 501-50000-612400, Requisition 1564523
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Dear Sir:
Authorization is requested to negotiate and enter into an Intergovernmental Agreement (IGA) with and make payment to the Village of Flossmoor (Village) for the construction, operation, and maintenance of the Berry Lane Stormwater Improvements in the Village of Flossmoor, CSA (21-IGA-07) in an amount not to exceed $208,000.00.
On December 3, 2020, the Board of Commissioners authorized the District to negotiate IGAs to assist various local municipalities and other governmental organizations with Green Infrastructure (GI) projects. Under this project, the Village proposes constructing a permeable street using permeable pavers as depicted in the attached exhibit. The project is located at Berry Lane between Sunset Avenue and Bob O Link Road. The proposed permeable street will reduce and attenuate stormwater runoff in the vicinity of the project area by providing an estimated 67,152 gallons of storage for which the District will seek credit under the GI requirements of the District’s Consent Decree, subject to approval by the United States Environmental Protection Agency. The project is expected to mitigate flooding in the project area and demonstrate to local residents the benefits of constructing GI.
During subsequent discussions with the Village, the District learned that the proposed permeable street is a part of an overall stormwater improvements project to reduce flood risks in the vicinity of the project area. The overall stormwater improvements project includes upsizing the existing storm sewer system and installing the permeable street. The United States Army Corps of Engineers (USACE) will oversee contract administration and construction of the overall stormwater improvements project. While the Village has the option to construct the permeable street under a separate contract, it is currently the Village’s preference to construct the permeable street as part of the overall stormwater improvements project under a single contract administered by the USACE for improved constructability and efficiency, which could result in potential cost-savings to the overall project. The Village is requesting the funding assistance from the District in the amount of $208,000.00 towards the installation of the permeable street. The cost of the permeable street component alone is estimated to be $1,180,600.00, while the overall project, including upsizing the existing storm sewer system and constructing the permeable street, is estimated to cost $3,900,000.00.
If the construction of the permeable street is to be managed by the USACE, upon receipt of funds from the District, the Village will transfer the necessary funds to the USACE for the construction of the stormwater improvements project. The construction contract for the overall stormwater improvements project will conform with applicable federal procurement, labor, and diversity statutes and regulations, which are measured in percentage terms for the contractor's aggregate workforce with goals for minority participation for each trade of 19.6 percent and female participation of 6.9 percent for the entire project and not just the portion funded by the District. A lump-sum payment to the Village is expected to occur later this year (2021) prior to the start of construction in accordance with the USACE requirements.
However, in the event that the Village decides to construct the permeable street under a contract separate from the USACE, partial payments to the Village will be made at predefined intervals during construction, which is anticipated to commence in 2022. The Village will be required to advertise and award all project-related construction contracts using the District’s Purchasing Act, Multi-Project Labor Agreement, and Affirmative Action Requirements as minimum 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, and 3 percent for Veteran-owned Business Enterprises. The Village indicated it does not have a diversity program of its own, but is encouraged to apply the District’s goals to the entire construction contract. The terms of the IGA will include a provision for the District to withhold funds from reimbursement requests if the Village is not meeting the goals applied to the District’s funding. After constructed, the participation of MBE, WBE, SBE, and VBE on this project will be provided in an annual report summarizing goal attainment on stormwater partnerships.
The Village has contributed to engineering and other design-related costs and will also contribute towards the total estimated construction cost of $3,900,000.00 for the overall stormwater improvements project. The Village will assume responsibility for design, construction (if not being constructed by USACE), maintenance, and operation of the project, and be solely responsible for any change orders.
The IGA will contain provisions allowing the District to review the project’s design and perform inspections after the project is constructed. The District will review the design for the potential application of biosolids and will share appropriate recommendations with the Village along with technical information about the District’s biosolids products. The results of the usage of biosolids on this project will be included in a summary report to be provided to the Board.
Based on the foregoing, it is requested that the Board of Commissioners grant authority for the District to negotiate and enter into an IGA with and make payment to the Village of Flossmoor in an amount not to exceed $208,000.00. 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 are available in Account 501-50000-612400.
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 July 15, 2021
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