Category: MWRD

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 to Study Bid Deposit Process

6/15/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
June 6, 2019

Highlights of the Board Meeting:

Pris Mims accepted a resolution on behalf of the League of Women Voters of Cook County, celebrating the 100th Anniversary of Illinois being the first state to ratify the 19th Amendment (Women's Right to Vote) to the United States Constitution.
Three other resolutions were presented: Celebration of the 100th Season of the Chicago Bears; Recognition of World Environment Day; Recognition of June as Puerto Rican Pride Month
Joe Evans of RSM – US (CPA firm) presented a report of their audit of MWRD, which resulted in an unmodified opinion (a clean opinion) which found that all appropriate standards are being met. Commissioner Debra Shore asked a series of detailed questions; a number of which it was suggested would be better answered by MWRD staff.

Consent Agenda Items Discussed:

Item #9 - Report on rejection of bids for contract - Commissioner Garcia asked if the MWRD requirement of bid deposits might be negatively impacting the number of bids being submitted. Staff responded that they are studying the bid deposit process, comparing it to the process utilized by other government agencies, but do see the bid deposit as a vehicle to reduce the number of frivolous bids. (Item was moved back to the consent agenda.)
Item #15 - Authority to advertise Contract for Repair and Rehabilitation of Gloria Alitto Majewski Reservoir - Commissioner Shore raised questions regarding the reason for slope failure at this site and wondered, if wet weather was impacting slopes at various reservoirs. Staff responded with explanation of engineering at the reservoirs that mitigate against impact of weather. (Item was moved back to consent agenda.)
Item #20 - Awarding of contracts to several companies for janitorial services and supplies Commissioner Garcia asked about the number of women and minority vendors for these contracts. Mr. Murray responded that staff will provide that information. (Item was moved back to consent agenda.)
Item #25 - Authority to increase purchase order with the legal firm of Neal & Leroy LLC to represent MWRD in acquiring property rights in connection with the Addison Creek Channel Improvements Project - In response to questions from Commissioner Spyropoulos, staff indicated that acquisition of 75 different parcels in six municipalities was involved. Staff also reported that as much legal work as possible was handled in-house to reduce costs. (Item was moved back to consent agenda.)
There was no new business.

Public Comment

Larry O’Toole of BIOS Farm requested that MWRD table an amendment to a lease of one acre of MWRD land, because the proposed lease change would prevent his group from continuing to grow organic produce at this site. BIOS Farm produce is sold at below market rate to underserved communities.

Observed by: Diane Hodges Meeting Length: 100 minutes

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MWRD Board Postpones Consideration of the Watershed Management Ordinance Amendment

5/6/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
May 2, 2019

Items of Interest that were discussed:

Executive Director Brian Perkovich pulled from the agenda at the start of the meeting, Item 9 (File #O19-004), the proposed Amendment to the Watershed Management Ordinance (“WMO”). This Amendment contains a number of changes to the WMO (1) to effectuate Watershed Specific Release Rates by June 6, 2019, as required by Article 5 of the WMO, (2) to incorporate updated rainfall data for the State of Illinois, and (3) to provide clarity on the regulatory requirements and moving guidance and explanatory information from the WMO to the Technical Guidance Material. Based on comments from Commissioner Davis, it appeared that the Amendment was pulled to allow more time to respond to questions from individual Commissioners. The Executive Director told this Observer that he expects the Amendment to be on the agenda for the May 16 meeting.
During the “New Business” section of the meeting, Executive Director Perkovich gave an update on the status of the Tunnel and Reservoir Plan (“TARP”) in light of the heavy rains the past week. The McCook system, which serves central Chicago and 36 suburban communities, was at full capacity, storing approximately 5.1 billion gallons. The Kirie TARP system in the center of northern Cook County was storing nearly 300 million gallons. The Calumet system serves the far South Side of Chicago and 13 south suburban municipalities and was storing 3.5 billion gallons. All of this water will be pumped back to MWRD water reclamation plants for treatment when conditions permit. The Executive Director did not expect to have to release any water into Lake Michigan. The Commissioners praised the MWRD staff for all that they had been doing.
The Commissioners were also given an update on the status of the Intergovernmental Agreement with Cook County for the County’s Independent Inspector General (“IG”) to provide similar services to the MWRD. It is expected that the Agreement will be fully executed in the next week or so. The IG (Patrick Blanchard) is planning a series of meetings with employees at the plants and main office to explain the role of the IG and how to contact him. A brochure about the IG is being prepared that will be sent to all employees. The IG says he expects to have the two employees called for in the Agreement to be at the MWRD very soon.
The MWRD is celebrating its 130th anniversary by hosting open houses on May 18 at its Calumet, O’Brien, and Stickney plants, which include tours, free compost, free oak saplings, and kid-friendly activities. People are also encouraged to bring unused medications for proper disposal.
Commissioner McGowan said she had given a package of information to each Commissioner concerning the time capsule that was installed with the Nicholas G. Melas Centennial Fountain (located on the north bank of the main branch of the Chicago River to the east of the Sheraton Hotel) in 1989, the centennial of the creation of the Chicago Sanitary District, now known as the MWRD. This time capsule is to be opened in 2089, and Commissioner McGowan wants to make sure that, in case she isn’t around, the other Commissioners will continue to pass on the information so that the time capsule is not forgotten.

Observed by: Priscilla Mims Meeting Length: 1 hour 45 minutes

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Water District Board Adopts Cook County Independent Inspector General Ordinance

4/22/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
April 18, 2019

What did the Board decide?

Agenda Item 019-003 - Adoption of Cook County Independent Inspector General Ordinance for services to the MWRD

Discussion of the proposed Inspector General ordinance centered on who will receive summary reports from investigations, including an investigation of an individual commissioner. The Cook County ordinance sends them to the “chair and applicable personnel.”
Commissioners Shore and Davis were concerned that confidentiality be protected and that the report not be distributed to the entire board. Patrick Blanchard, head of the Cook County Office of the Independent Inspector General, gave assurances that only the Board president, applicable personnel, and the involved individual would receive the report. Indeed, the individual under scrutiny would need to submit a written request before the report could be released. Blanchard also assured the commissioners that the quarterly reports, sent to the entire board, would have no identifying information that would cause a breach in confidentiality.
Commissioner McGowan expressed concern that the term, “chair and applicable personnel,” was too general. MWRD counsel stated that there was specific language in the ordinance delineating precisely who was on the list to receive information.
Public Comment: Representatives of four organizations made statements in support of the ordinance: League of Women Voters of Cook County, the Civic Federation, the Better Government Association (BGA), and Reform Illinois.
Before the final vote, all commissioners went on record with their full support for the role of the Independent Inspector General and the importance of transparency in government. The final vote accepted the Cook County ordinance without amendments. Vote: 9 ayes 0 nays

Agenda Item 19-0319

The Energy Efficiency Project under the Agreement with the Public Building Commission of Chicago was discussed again, after having been considered at the last meeting.
Commissioner Shore reiterated support for lighting efficiency but still had questions about why this needed to be contracted out. Staff stated that it could be done in-house, but would take significant time away from other jobs.
Commissioner Shore said that it’s a fact that there will be savings from the project, so there is no need for an outside group to guarantee this. Doing it in-house would save the commission fee. Commissioner Steele said that they are now in the third phase of the project and might have to pay a “walkaway” fee of $175,000. Shore pointed out that $375,000 would be saved, even if the “walkaway” fee applied.
Final vote: 8 ayes 1 nay

Board adjourned and went into executive session to discuss open meetings and retention of legal counsel.
Regular MWRD Board meeting convened after executive session.

New business:

Commissioner Shore expressed concern about the effect of the Fox-Conn project on Des Plaines River flooding in Cook County. She requested that staff research this.
Commissioner Avila expressed interest in increasing the dollar amount that would trigger projects that must come before the Board for consideration.
Commissioner Garcia urged all commissioners to sign a letter opposing the citizenship question on the census form.

WORKSHOP ON STORMWATER MANAGEMENT followed. The topic of the session was the proposed 2019 Watershed Management Ordinance.

MWRD engineering department gave a presentation. Commissioners Shore and Davis asked about water quality. It is not mentioned in the act. Staff replied that the EPA had jurisdiction, but that commissioners could request a study if they wished.
There was some discussion about the technical guidance manual. Commissioner Shore was concerned with moving items outside the ordinance. Her concern was that this might weaken those items and be open to challenge.
Shore asked what appeal process does the general public have? Answer: the WMO has a limited appeals remedy. Only the one with the permit can appeal. Commissioner Davis joined Shore in concerns about water quality and the appeals process.

Observer left the workshop at 3pm while it was still in session..

Observed by: Georgia Gebhardt Meeting Length: 90 minutes

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Water District Board Agrees to Support Settlement Between Contractors and Attorney General

1/6/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting - December 20, 2018

Approved by the Board
After more than an hour in executive session to discuss the terms of a negotiated settlement between two MWRD primary contractors and the Illinois Attorney General, the board ultimately agreed to support the settlement. Its primary reason seems to be that if the settlement was not approved, the contractors would be legally able to bid on new contracts. (Agenda Item #29)

The basis of the investigation and settlement falls under the Illinois False Claims Act and specifically the claim by the principal contractors that a sub-contractor was falsely listed as a minority and small business enterprise but was materially not used.
In settling, the Attorney General required the primary contractors to “each enter into a Compliance Agreement with the District for three 3-year terms. Included is the appointment of a corporate compliance officer familiar with the District’s affirmative action requirements; the retention of an independent monitor that will submit periodic reports directly to the district for work on District contracts; conduct six training sessions, and commit to increased utilization goals on any upcoming District contracts…. Further, one of the contractors will voluntarily not participate in any District contract lettings for a period of six months”.

In providing authority to advertise for native prairie landscape maintenance at various District service areas, Commissioner Shore specifically asked that the contract stipulate the exclusion of the use of the Round-Up herbicide, and Commissioner Avila stated that he wants the contract to be a role model for the proper use of herbicides.

Deferred by the Board
Without explanation, Commissioner McGowan requested and received a deferral on another resolution asking for authority to settle potential delay claims against the District arising out of various steel procurement issues for the McCook Reservoir Des Plaines Inflow Tunnel. (Agenda Item #32)

Observer - Diane Edmundson

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Water District Board Faces Questions About Lack of Insurance at Time of Calumet Explosion

12/8/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - December 6, 2018

This was the first Board meeting attended by the 3 new Board members elected in November: Cameron Davis, Kimberly DuBuclet, and Marcelino Garcia. All actively took part in the meeting, which was notable more for the discussion that occurred, than for the decisions made.

Issue of Property Insurance

During the Public Comment portion of the meeting, Michael Archey raised concerns about the timing and process followed by the District regarding the Purchase Order for Furnishing Property Insurance Coverage (Item 18: #18-1234) and said he would welcome the opportunity to speak more on this issue if invited by the Commissioners. Commissioner Davis did invite him to so speak when the item was being considered. Mr. Archey said that a prior Purchase Order for greater coverage (with a lower deductible and a higher premium) had been presented to the Board first at the June 21 meeting where it was deferred. The Board then unanimously voted to delete this item at the July 12 meeting (Item 28: #18-0560). While the Board is self-insured, starting in 2013 the Board began purchasing “excess” coverage in the event of a catastrophic event. As explained at the June 21 meeting, the Board has $30 million to cover losses, but has $11 billion in property assets.
The prior property insurance policy expired on July 17, 2018. The explosion at the Calumet Water Reclamation Plant, which injured workers and the plant, occurred on August 30 when no policy was in effect.
Mr. Archey said that the Board’s failure to timely enter into a new policy left taxpayers exposed to footing the bill for the costs associated with the Calumet explosion. He urged that the Board look into the reasons for the delay in obtaining coverage and why the current proposal is better than the one in effect rejected (by virtue of the Board deleting the item) in July, even as he welcomed the Board approving this item to reduce future taxpayer exposure.
The Board did approve the new insurance policy with no further discussion. Question: should/will the Board follow-up on the issues raised by Mr. Archey?

MBE/WBE Paricipation

Commissioner Garcia made clear that one of his primary focuses will be on increasing the use of Minority and Women Owned/Run Business Enterprises (“MBE/WBE”) in contracts and purchase orders at the MWRD. Accordingly, Commissioner Garcia inquired about participation by MBE/WBE with all contracts and purchase orders presented for approval by the Board. He questioned whether the District could become more creative in seeking such participation.
All such contracts and purchase orders were ultimately approved as presented, but expect to hear more about this in the future.

Award to Chicago Tribune

Ultimately, the Board approved using the Chicago Tribune for publishing legal notices and invitations to bid for a one-year period beginning January 1, 2019 for $56,000. The Sun-Times, the low bidder by $1,400, was disqualified because the paper did not have a minimum daily circulation of 100,000 as set by the request for proposal (“RFP”). (Other, much higher, bids were from the Lawndale New Group for $196,000 and from the Chicago Defender Newspaper for $227,500.) During the discussion, the Commissioners expressed concern that this requirement (which is there to ensure wide circulation) currently results in only the Tribune being qualified to win such an RFP. The Sun-Times misses the threshold by 407. The Tribune has a circulation of over 400,000.
Staff did say that the District uses other outlets, including online services, to get the word out about employment and contract opportunities. The Commissioners asked for a list of such online sites and other publications being used and will provide a list of others that the Commissioners think the Staff should consider. In addition, the Staff is to provide information on the history of the circulation requirement and the circulations of publications.
Commissioner McGowan lifted her request for deferral of awarding this contract because the Board did not have the ability to change the circulation requirement for this RFP that had been previously approved to be issued. Thus the award was approved. (Item 24: 18-1254)

Observer - Priscila Mims
Length of meeting: 2 hours, 5 minutes, including a 5-minute break and 25-minute Executive Session.

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Water District Board Revises Bid Deposit Requirement

MWRD to Study Bid Deposit Process

MWRD Board Postpones Consideration of the Watershed Management Ordinance Amendment

Water District Board Adopts Cook County Independent Inspector General Ordinance

Water District Board Agrees to Support Settlement Between Contractors and Attorney General

Water District Board Faces Questions About Lack of Insurance at Time of Calumet Explosion

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