TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 20, 2022
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
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Authority to enter into an Intergovernmental Agreement with and make payment to the Village of Lansing for the design, construction, operation, and maintenance of the Flanagin Subdivision: North Creek Flood Relief Project in Lansing, CSA (20-IGA-37) in an amount not to exceed $1,600,000.00, Account 501-50000-612400, Requisition 1573583
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Dear Sir:
Authorization is requested to enter into an Intergovernmental Agreement (IGA) with and make payment to the Village of Lansing (Village), for the design, construction, operation and maintenance of the Flanagin Subdivision: North Creek Flood Relief Project in Lansing, CSA (20-IGA-37) in an amount not to exceed $1,600,000.00.
On July 16, 2020, the Board of Commissioners authorized the District to negotiate IGAs to assist various local municipalities and other governmental organizations with stormwater projects under the Local Stormwater Partnership Program, including the Village of Lansing. Under this project, the Village proposes constructing a new culvert for North Creek in the Flanagin Subdivision to separate it from the subdivision drainage to prevent backwater flooding from the creek impacting 56 residential structures, as depicted in the attached exhibit.
The District and the Village have agreed in principle to the terms of the IGA, which include payment by the District towards construction costs in an amount not to exceed $1,600,000.00. Partial payments to the Village will be made at predefined intervals during construction, which is anticipated to commence in 2022. The Village has contributed to engineering and other design-related costs of the project, will assume responsibility for construction, maintenance, and operation of the project, and be solely responsible for any change orders. The IGA contains provisions which allow the District to review the project’s design, including the potential application of District biosolids, and perform inspections after construction. The IGA also requires the Village 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, 10 percent for Women-owned Business Enterprises, 10 percent for Small Business Enterprises, and 3 percent for Veteran-owned Business Enterprises. The Village has indicated that it does not have a Diversity program of its own, but has been 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 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, as well as the usage of District biosolids, 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 to enter into an IGA with and make payment to the Village in an amount not to exceed $1,600,000.00. 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 for the 2022 expenditure, in the amount of $1,200,000.00, are available in Account 501-50000-612400. The estimated expenditure for 2023 is $400,000.00. Funds for the 2023 expenditures are contingent on 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 January 20, 2022
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