TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 2, 2021
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to enter into an Intergovernmental Agreement with and make payment to the City of Berwyn for the construction, operation, and maintenance of the Green Alley Improvements in Berwyn, SSA (21-IGA-02) in an amount not to exceed $503,000.00, Account 501-50000-612400, Requisition 1567754
Body
Dear Sir:
Authorization is requested to enter into an Intergovernmental Agreement (IGA) with and make payment to the City of Berwyn (City) for the construction, operation, and maintenance of the Green Alley Improvements in Berwyn, SSA (21-IGA-02) in an amount not to exceed $503,000.00.
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, including the City of Berwyn. Under this project, the City proposes constructing three permeable paver alleys to replace existing impervious alleys, as depicted on attached exhibit. The project is expected to mitigate local flooding in the area by decreasing runoff into the local combined sewer system which will reduce basement backups and surface flooding. The Green Alley improvements will provide an estimated 202,135 gallons of stormwater 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 District and the City have agreed in principle to the terms of the IGA, which include payment by the District towards construction costs of the captioned project in an amount not to exceed $503,000.00. Partial payments to the City will be made at predefined intervals during construction, which is anticipated to commence in 2021. The City has contributed to engineering and other design-related costs and will also contribute towards the total estimated construction cost of $1,005,578.00 for this project. The City will assume responsibility for design, construction, perpetual maintenance, and operation of the project, and be solely responsible for any change orders. The IGA requires the City 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 District has reviewed project design for the potential application of biosolids and will share appropriate recommendations with the City 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.
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). The City indicated it does not have a Diversity program of its own, but is encouraged to apply the District’s goals beyond our funding for the project. The terms of the IGA include a provision for the District to withhold funds from reimbursement requests if the City 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.
Based on the foregoing, it is requested that the Board of Commissioners grant authority for the District to enter into an IGA with and make payment to the City in an amount not to exceed $503,000.00. 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.
The estimated expenditures for 2021 and 2022, are $125,750.00 and $377,250.00, respectively. Funds for 2022 are contingent on the Board of Commissioners’ approval of the District’s budget for that year.
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 September 2, 2021