Category: Contracts

MWRD Board Approves Amendment to Ethics Ordinance

1/25/2020

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Metropolitan Water Reclamation District (MWRD) Board Meeting
January 23, 2020

Board Decisions:

The Amendment to the Ethics Ordinance of the MWRD of Chicago was passed unanimously without discussion. Commissioners Shore and Steele expressed how gratified they were to see this come to fruition.
There were a considerable number of items that requested an increase of existing purchase orders. The authority to increase the purchase order with the law firm of Neal & Leroy came under scrutiny from several commissioners. Commissioner Davis stated that these orders came up for change too often because they did not adhere to the fee policy of 2018. He suggested three choices: live within the policy, eliminate it or amend it. Commissioner Garcia observed that the board was not sufficiently well prepared and in possession of all the necessary facts before being asked to render decisions. There is a need for more timely response from staff when commissioners have questions. VOTE: 7 ayes 1 nay (Davis)

Board Discussion:

Commissioner Shore raised concerns with (pipeline) perpetual easements and their risk to the MWRD. Given that they are perpetual, can they be renegotiated to respond to a change in risk. The MWRD attorney said renegotiation was unlikely, but these easements still must meet insurance requirements and compliance expectations. All pipelines have IEPA and EPA requirements they must meet. Commissioners Shore and Morita expressed a need to review perpetual pipeline agreements and to address at a policy level.
State of Illinois 2020 Legislative Program. The deadline to submit this program was January 24, 2020 (the following day). While the commissioners were in support of the program, several expressed some frustration that there was no time to address their questions given the deadline. They were reassured by the legislative head that there were already shell bills in place, allowing for flexibility. Legislative initiative #2 was deemed particularly important because it would allow registered voters outside the District’s corporate boundaries to vote for the MWRD commissioners. Currently they pay county taxes, but are disenfranchise.

Observer - Georgia Gebhardt

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Non-Profit Groups Urge MWRD Board to Modify Proposed Ethics Ordinance

1/16/2020

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Metropolitan Water Reclamation District (MWRD) Board Meeting
January 9, 2020

The League of Women Voters of Cook County and Friends of the River both spoke in favor of modifying the proposed ethics rules the MWRD is in the process of trying to strengthen. The Ethics Ordinance had been pulled from the agenda due to letters sent by the League and other groups to commissioners, according to Commissioner Cam Davis, so that better language could be used to distinguish commercial interests from public advocacy interests.

The board recognized the plight of Puerto Ricans without drinking water and electricity after earthquakes. Commissioner Garcia had been in touch with his mother in Puerto Rico.

Board Items Discussed and Approved:

A software expenditure was discussed by Commissioner Shore as being very important for the security of a public infrastructure entity like MWRD especially with regard to current events with Iran. Mimecast is a security software that is used to protect public computer systems. She noted it was a small amount of money to pay for computer security. (Agenda Item 19)
Commissioner Garcia asked why MWRD would charge a small farm for use of MWRD land and bio-solids in Blue Island. Due to an ordinance, when a farm wants to sell its produce the MWRD is required to charge the entity rent. (Agenda Item 32)

Agenda Items Deferred or Deleted

Commissioner Davis asked that Bio-Solids Farming contract bids be made smaller so that smaller and minority companies would be able to bid on the contracts. He noted that many small non-profit farms are unable to bid on large contracts due to lack of scale. His argument was noted and future contracts will be smaller. (Agenda Item 13)
An item regarding the furnishing and delivery of liquid carbon dioxide to the Stickney Plant was deleted by the Executive Director. There was no discussion of this item. (Agenda Item 28)

Observed by Amy Little [by video] Meeting length - approximately 50 minutes

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MWRD Commissioners Ask that Contracts and RFPs Be Brought to Them Earlier

12/15/2019

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Metropolitan Water Reclamation District (MWRD) Annual Meeting, Board Meeting, and Public Hearing on the Proposed 2020 Budget
December 5, 2019

Board Meeting

Several Commissioners expressed frustration that several new contracts or requests for proposals (RFPs) for services under existing contracts set to expire by the end of the year were only coming to the Board now. They asked that such items be brought at least two months ahead of time in the future to allow the Commissioners sufficient time to review the contracts or RFPs and get answers to questions to ensure that there would be no lapse of services. The Executive Director at the end of the meeting said that he understood what was wanted and he and the staff would take steps so this will happen in the future. Among those items,
- RFP for state consultants/lobbyists for the MWRD for 2020. However, don’t expect to award contract until Feb. 20, 2020, almost a month after the State Legislative Session begins. Commissioner Garcia also asked whether further thought had been given to placing all lobbyists under oversight by a single department. This item was passed. (Item 10, File 19-1192)
- Extension of contract which would otherwise expire on Dec. 31 through 2020 for federal consultants/lobbyists. Comm. Spyropoulos asked to defer, but expects will be on Dec. 19 agenda, so no interruption of service. (Item 29, File 19-1186)
- Authority to grant a 25-year easement to Enbridge Energy to continue to operate and maintain a petroleum pipeline. Existing easement expires Dec. 18. Concerns were expressed by Comm. Shore and Davis over the past fines the company has had for spillages and the age of the pipeline (50 years). The MWRD General Counsel said the delay in coming before the Board was due to some extra safeguards that the staff had negotiated in conjunction with this extension, including a $4.5 million letter of credit to cover any problems, as well as inspections of the pipeline. However, none of this information was included in the transmittal letter for this item. Comm. Davis asked to defer this item. (Item 36, File 19-1210)
Other items discussed and approved:
- Authority to issue RFP for rain barrels. Originally MWRD gave away rain barrels pursuant to a consent decree that has expired. Now sell the barrels. Comm. Garcia asked whether MWRD has any info on whether these barrels are actually used (answer was “no”), and suggested that some follow-up be done going forward to ensure this is worthwhile. (Item 16, File 19-1201)
Other items discussed & deferred:
- Payment for 1 employee to attend 10-day residential development program by the Water Wastewater Leadership Center. Several Commissioners wanted to know who else has gone in the past and what is the criteria for selecting the employee. Comm. Garcia requested deferral. (Item 8, File 19-1195)
- Proposed contract with Sun-Times to publish legal notices for 2020. Comm. McGowan asked to defer. (Item 23, File 19-1219)
- Settlement of property loss claim in connection with a sewer backup adjacent to a District manhole that was undergoing emergency repairs. Comm. Shore asked what, if anything, has District learned from this. Comm. Garcia asked to defer. General Counsel advised that settlement must be completed by Dec. 31, or the settlement agreement expired. (Item 35. File 19-1202)

Annual Meeting
Immediately prior to the Board meeting, the Annual Meeting was called to order at which the Board received and filed the Annual Report presented by President Steele. This Report is available at https://mwrd.legistar.com under “Meeting Details” for the Dec. 3, 2019 Annual Meeting. (This meeting had been suspended on Dec. 3 for lack of a quorum and resumed on Dec. 5.)

Public Hearing on the Proposed 2020 Budget
There were no public speakers. Finance Chair Avila, who was presiding, explained that the Civic Federation had written a letter to the Board stating that it would not be reviewing or commenting on the budget as it has in the past.

Observer - Priscilla Mims

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MWRD Board Forwards Land Deal for Crestwood Casino Project

10/4/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
October 3, 2019

What did the Board decide?

Approved 99-year lease for 44.4 acre property for Crestwood development project (AgendaI Item #16, 19-0992)

The board unanimously accepted an initial annual rental bid of $820,626 from the City of Crestwood. It is not clear if the lease is contingent on Crestwood receiving a casino license from the State of Illinois. The lease is for 99 years, a departure from the MWRD’s typical lease length of 39 years. There was no discussion of the 35% reduction in annual rent from the minimum $1,262,500 Commissioners authorized for this property at their August 8, 2019 meeting.
During public comment Chelsey Grassfield, policy specialist for Friends of the Chicago River, addressed the board, seeking vigilance in maintaining 60-100 foot required setbacks from the river and advocated use of sustainable landscape design when the MWRD reviews site plans for the 44.4 acre parcel bordering the Cal-Sag canal that the City of Crestwood will lease from the MWRD. The community is seeking a casino license to anchor development on this property. Ms. Grassfield said leaseholder’s focus should be on the health of the river and maintaining established waterway standards.
Later in the meeting Commissioner Cameron Davis inquired when the public would again be able to comment on sustainability and design of the development of the property. Staff said the MWRD would review site plans when they are available, and Commissioners could participate in the process.

2020 Regular Board Meeting Calendar approved (Agenda Item #1 - 19-0998)

Study of Affirmative Action hiring record deferred (Agenda Item #23 - 19-0993)

The MWRD is required to conduct a study of disparity in its Affirmative Action hiring practices. This item would have authorized request for proposals seeking an outside contractor to perform the analysis at an estimated cost of $200,000.
Commissioner Marcelino Garcia asked for this item to be deferred until he had time to discuss his concerns with staff. He said that he wanted this to be a meaningful accounting of the District’s minority hiring practices, and not just the minimum required by law. After supporting comments from Commissioners Frank Avila, Barbara McGowan, and Board President Kari Steele, the Board directed staff to schedule a study session for them on progress in minority hiring practices
Commissioner Garcia then asked to remove this RFP authorization item the Board’s agenda until after the study session.

Allocation for expert witness testimony deleted from agenda (Agenda Item #29 - 19-0952)

This item would have budgeted $200,000 for expert witness testimony in an ongoing lawsuit.
It was removed from the agenda without comment by Executive Director Brian Perkovich

Bio solids bagging contract deferred (Agenda Item #18- 19-0937)

The MWRD gives away biosolids (compost) to the public at its Stickney plant. People can take it away in their own containers, but the District pays to bag some of the material for distribution. This item proposed to seek and pay a contractor $45,000 over a 3-year period to pick up composted biosolids from the Harlem Ave. composting facility, transport them to an off-site location, bag it, and return the filled bags to the Stickney Plant.
In response to Commissioners’ questions, staff said the plan would produce 5,000 bags of compost per year at a cost of $15,000 per year. Commissioner Debra Shore asked for cost-comparisons between buying the bagging equipment and having MWRD employees do the bagging and outsourcing. Commissioner Barbara McGowan questioned the process of transporting the compost back and forth.
Commissioner Marcelino Garcia questioned the value of the project, saying that while it is very nice that the District gives away composted biosolids, the MWRD lacks a plan to monetize and distribute it products at scale. “We need to industrialize and sell the products we create,” he said. “We need a staff person who is dedicated to this idea, and who can move us forward.” The Commissioners agreed to defer this item until it could be more fully explored.

Other discussions of interest:

Commissioner Mariyana T. Spyropoulos questioned why certain contracts were rejected and why the District received so few responses to some requests for proposals. She asked if specifications for services were being too narrowly written. She suggested a look at procedures for contracting.
Commissioner Marcelino Garcia questioned if minority guidelines were being observed when the District added scope or funding to existing contracts. There were several items on the agenda that did add funds to existing contracts, and he highlighted them. Staff said that they would be attentive to this issue.

Observer - Laurie Morse Meeting Length - 2.5 hours

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Lack Of Quorum Requires MWRD Board To Reconvene On August 9

8/27/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
August 8, 2019

Board Actions:

Agenda Item 19-0785 #70

Lou Presta, Mayor Village of Crestwood and Terry O'Brien, the O'Brien Network, addressed the Board to consider the lease on 44.61 acres of District real estate in Crestwood, specifically to consider the lease terms at 6% for the Crestwood Casino Project.
Later in the meeting, a motion was made by Debra Shore, seconded by Marcelino Garcia, to Amend Agenda Item #70 to put parcel out for bid at 8%. The motion to amend failed.
MOTION was finally passed to amend File No. 19-0785 to grant Authority to advertise Contract 19-365-11 for public tender of bids for a 99-year lease on 44.61 acres of District real estate located south of the Cal-Sag Channel between Cicero Avenue and Kostner Avenue in Crestwood, Illinois; Cal-Sag Channel Parcels 12.05, 12.07 and 12.08. The minimum initial annual rental bid shall be established at $1,262,500.

Agenda Item 19-0720: #22

Authorization to amend Board Order of June 6, 2019, for Authority to advertise Contract 16-708-21, Repair and Rehabilitation of the Gloria Alitto Majewski Reservoir in Des Plaines, Illinois, estimated cost $1,200,000.

Agenda Item 19-0745 #35

Authority to advertise Contract 18-277-3M Digester Sludge Heating System Upgrades and Boiler Removal, Calumet Water Reclamation Plant, estimated cost between $27,075,000 and $32,775,000. The contract is expected to be awarded in December 2019.
The boilers for the Digester Complex are between 20 to over 30 years old. Due to their condition, the increased risk of failure necessitates their replacement to ensure an appropriate level of service for the digestion process and space heating. It is felt that it is economically justified to replace or rehabilitate them due to the increased level of maintenance cost.

Observer - Nancy Mitzen Meeting Length: 2½ hour

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Water District Board Revises Bid Deposit Requirement

7/23/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
July 11, 2019

The Board approved:

Change to Bid Deposit Requirements: At the request of Commissioner Garcia at the June 6 meeting, the staff did a survey of other governmental entities to find out for what types of contracts a deposit is required of bidders. Overwhelmingly, the results were that deposits were generally only required for construction contracts. The Board approved the new policy proposed by staff so that the MWRD will generally only require bid deposits for construction contracts. Other types of contracts may require bid deposits on a case-by-case basis, as determined by the Director of Procurement and Materials Management. This new policy should reduce the number of instances when a bid deposit is required, and the hope is that this will increase bidder participation and reduce costs to the MWRD by having a more competitive bid process. (Agenda Item 15, 19-0691) Commissioner Garcia requested that a similar survey be performed to find out the Minority, Women and Small Business owned business requirements (MBE, WBE, & SBE) that other government entities have.
Award of Contract after Lowest Bid Struck: Commissioner Garcia expressed concern that the staff was proposing to award a contract to a bidder with a bid of $452,000 after the lowest bid of $354,880 was struck because the bidder did not comply with the MBE, WBE, SBE requirements. Commissioner Garcia, who is a great proponent of these requirements, asked whether any attempt had been made to work with this lowest bidder so it could comply. Staff responded that they had had discussions, but the bidder said it could not. When it came time to vote, Commissioner Garcia said he would vote to award the contract to the higher bidder after talking to Commissioner McGowan during a break. (Agenda Item 44, 19-0683)
Amended Evanston lease agreement to allow Evanston to have festivals and sell and consume alcoholic beverages. This was deferred from the June 20 meeting. Evanston agreed to do environmental assessment before the start of each season, and then to do walk-throughs before and after (with MWRD staff) each event to see if there are any car leakages. If so, Evanston will do environmental testing and perform any necessary clean-up. (Agenda Item 58-19-0600)
Extend Space to Grow program with Chicago Public Schools to 2022: This adds $1 million to the program and extends for 1 year; program to cover 30 schools. Staff felt that prior concerns about school maintenance had been satisfied by schools proposing a new entity to do maintenance. Commissioner Davis said he hopes this program can be expanded in the future to cover schools elsewhere in Cook County, too. (Agenda Item 69, 19-0675)

Other discussions of interest:

Commissioner McGowan asked that the staff look at incorporating into lease agreements penalties for non-compliance. That way, the Board won’t have to deal with these breaches by others after the fact.
The MWRD received $9.2 million during the first quarter from a declaration by the City of Chicago of surplus TIF funds. Commissioner Shore asked that there be a discussion of how to treat such “bonus” funds (which are not budgeted); for example, Commissioner Shore suggested consideration might want to be given to using such funds for the Retirement Fund. (Agenda Item 53, 19-0669)
The Executive Director of the MWRD Retirement Fund reported that the Fund was down at the end of 2018 because of the drop in the stock market in December. However, it is up considerably this calendar year and he expects it to be up by 11.5% for the quarter just ending. (Agenda Item 57, 19-0661)

Items deferred:

Agenda Item 55, 19-0636, Authority to transfer $60,000 from account for payment of real estate taxes to the account for payment for professional services, in this case to pay the Barnes & Thornburg law firm to represent the MWRD in seeking a variance from the new winter quality standard for chlorides in the Chicago Area Waterway System (CAWS), taking the lead role for the CAWS Chlorides Watershed Group. Staff explained that because of the use of road salt in this area during winter, it is currently not possible to meet the new standard, which is why the variance is being sought for an initial 5-year period, even as efforts would continue to meet the standard in the future. It appeared from the discussion that the main issue here is that the MWRD would be bearing the full cost of this effort initially, until such time as the CAWS Chlorides Watershed Group is finalized. Commissioner Davis asked for the deferral so his questions could be answered.

Observer - Priscilla Mims Meeting Length: 1.5 hours

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MWRD Board Approves Amendment to Ethics Ordinance

Non-Profit Groups Urge MWRD Board to Modify Proposed Ethics Ordinance

MWRD Commissioners Ask that Contracts and RFPs Be Brought to Them Earlier

MWRD Board Forwards Land Deal for Crestwood Casino Project

Lack Of Quorum Requires MWRD Board To Reconvene On August 9

Water District Board Revises Bid Deposit Requirement

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