TRANSMITTAL LETTER FOR BOARD MEETING OF MAY 21, 2020
COMMITTEE ON PROCUREMENT
Mr. Brian A. Perkovich, Executive Director
Title
Issue purchase order and enter into agreement with the University of Illinois at Urbana-Champaign to analyze root causes of flooding in Lower Salt Creek and Addison Creek River Basins in connection with ongoing litigation entitled Hampton v. MWRD, Case No. 2011 CH 25822, and Jacklin v. MWRD, Case No. 2011 CH 25985 in an amount not to exceed $230,000.00, Account 101-30000-612430; Requisition 1541026 (Deferred from the May 7, 2020 Board Meeting)
Body
Dear Sir:
Authorization is requested to issue a purchase order and enter into an agreement with the University of Illinois at Urbana-Champaign (UIUC), according to the terms and conditions of the Master Agreement, to analyze root causes of flooding in the Lower Salt Creek and Addison Creek basins for use by Marcelo H. Garcia, Ph.D., to provide the District expert witness services in the ongoing litigation entitled Hampton v. MWRD, Case No. 2011 CH 25822, and Jacklin v. MWRD, Case No. 2011 CH 25985. This project will be administered by the Law Department. The purchase order will expire at the conclusion of the project which is projected to take nine months to one year.
The principal investigator for this project will be Marcelo Garcia, Ph.D., who is a professor in the Department of Civil and Environmental Engineering at UIUC. Dr. Garcia is a reputable scientific investigator and researcher in this field who with the Board’s approval will also be serving as the District’s retained expert witness in the litigation.
This request is one of two being submitted to the Board related to this litigation. Although these requests are directly related to each other, they are being submitted separately due to UIUC’s Master Agreement with the District and the rules it imposes on the use of UIUC’s resources. This request is directly related to a companion transmittal letter on today’s agenda requesting authority to retain Dr. Garcia to serve as the District’s expert witness in the litigation.
To support his expert opinions on behalf of the District in the litigation, Dr. Garcia will utilize the results of the flood causation analysis to be undertaken if this request is approved. To complete the flood causation analysis, Dr. Garcia will need to utilize UIUC resources and staff. As such, the District’s Master Agreement with UIUC requires the District to pay UIUC directly for the use of these resources. However, UIUC, as an institution, does not act as an expert witness in litigation and will not accept payment for expert witness services. Accordingly, the Law Department is requesting authority to issue the two purchase orders and enter into the agreements separately to allow the District to retain Dr. Garcia.
Dr. Garcia’s team at UIUC have performed several projects for the District. Of note, Dr. Garcia previously developed and linked hydrodynamic and water quality models for the CAWS and TARP to create the TARP-CAWS 3D Hydrodynamic and Water Quality Model. The TARP-CAWS 3D Hydrodynamic and Water Quality Model is a useful tool that can be used to evaluate changes in the operations of TARP, the waterways control system to reduce localized flooding, to estimate the frequency and magnitude of combined sewer overflows (CSOs) into the CAWS and flow reversals into Lake Michigan, and to project the effectiveness of the TARP system and impacts of CSOs on water quality. As such, Dr. Garcia has extensive knowledge of the waterways, the District’s TARP systems and intercepting sewers.
An element of the ongoing litigation requires investigation into the causes of flooding in the specific area at issue in the Litigation during significant rain events. Flooding has many potential causes, including local, regional and home-specific issues. Dr. Garcia and his team propose to create a dual-drainage model to identify how rainfall affects the specific sewers and waterways in the study area. This model will assist Dr. Garcia in identifying the likely cause of flooding in the area.
Dr. Garcia proposes to conduct this initial analysis within nine months but the analysis could take up to one year to complete.
The UIUC, the expert provider for flood causation analysis with the most institutional knowledge and experience in the study area in Illinois, submitted pricing for the services required. Inasmuch as the UIUC is the expert provider for the services required, nothing would be gained by advertising for bids (Section 11.4 of the Purchasing Act).
The Multi-Project Labor Agreement is not applicable due to the specialized nature of the services required.
The requested service does not provide practical opportunities for direct or indirect subcontracting. The principal investigator must be able to stake their professional reputation and credibility on their own work. Reliance on another vendor is not feasible. Therefore, neither Appendix A nor Appendix V should be included.
In view of the foregoing, it is recommended that the Director of Procurement and Materials Management be authorized to issue a purchase order and enter into an agreement with the UIUC, in an amount not to exceed $230,000.00.
Funds are available in Account 101-30000-612430.
Requested, Susan T. Morakalis, General Counsel, STM:JTM:ATF:CN:nl
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 May 21, 2020