Metropolitan Water Reclamation District Board Meeting
June 2, 2022

MWRD Commissioners had questions on several procurement items on the agenda which led Commissioner Morita to opine that a study session needed to be held on Procurement, adding to the study sessions already identified as being needed for Affirmative Action Policy/Disparity Study (scheduled for July 14), Land Use Policy, and Climate Change.  Commissioner Morita and President Steel again urged that the Commissioners find times on their calendars for these study sessions.

All items on the agenda, including the extension of the existing MWRD Affirmative Action Policy from June 30 to December 31, 2022, were approved, except for Item 27, 22-0539, which was deferred and is described immediately below.

Procurement Items Discussed:

• An awarding of a contract for north side sludge pipeline replacement for $27.1 million was deferred by Comm. Davis because of his concerns as to whether the company is a “responsible bidder” because Chicago has an outstanding legal action alleging the company falsified documents.  This led to a conversation of what is asked of bidders, including whether they are asked about any outstanding legal actions against them.  The Board was told that the MWRD does not ask that normally, though in this case, because it involved grant money, the grant form included that question.  And the company did disclose the Chicago lawsuit.  The Executive Director also said that the accusation involved claiming that all employees involved lived in Cook County (which they did not) which took place in 2015.  The other issue here was the fact that the MWRD estimate was 33% lower than the bids.  Comm. Garcia and Comm. Davis both have concerns that providing the estimate to bidders may cause the bids to come in higher than they otherwise would.  The Procurement Director thinks making the estimates public is useful because of the complications resulting from so much of the work at the MWRD being underground.  Near the end of the conversation, the Procurement Director said that a state statute applies which sets out what is a “responsible bidder.”  (Item 27, 22-0539)
• Comm. Davis expressed concern that suppliers may think that the MWRD will not pursue breaches of contract with regard to a furnish and deliver contract for Calcium Nitrate.  In this case, the low bid was rejected because the supplier would not agree to hold the price beyond one year for this 2-year contract.  Executive Director Perkovich assured the Board that the MWRD will hold the supplier who won the bid responsible and the contract is clear that the price is for 2 years.    (Item 19, 22-0511)

​Stormwater Management Items

• Comm. Davis commended the Executive Director and staff for working with the Cook County Forest Preserve District in connection with a request for authority to amend a Memorandum of Understanding to extend it for one year to allow time to negotiate a new intergovernmental agreement with the Forest Preserve that would be more comprehensive and facilitate more partnerships between the entities on flood control and green infrastructure projects.  (Item 35, 22-0530)
• In connection with the intergovernmental agreement with the Village of Lyons for acquisition of flood-prone properties, with the MWRD to pay up to $3 million, it was explained that the MWRD has a sliding scale of what it is willing to contribute to local governments, based on the average income.  (Item 37, 22-0533)
• Intergovernmental agreement with the Village of Winnetka for a wetland and park storage project, with the MWRD to contribute up to $500,000.  (Item 36, 22-0532)
• Intergovernmental agreement with the City of Des Plaines for a pervious concrete alley improvement project, with the MWRD to pay up to $139,000.

Other Item Discussed:

• Comm. Davis applauded the Executive Director and Staff for pursuing a lawsuit against a company for unlawful discharges which led to a Settlement that was before the Board for approval.  There was also some discussion as to why the MWRD did not initially seek the maximum penalties.  It was explained that the company did acknowledge the discharges and did take some action during the period, just not fast enough.  (Item 31, 22-0537)

New Business:

• Friends of the Chicago River gave the MWRD a Green Ribbon Award for the Natalie Creek Flood Control Project which protects 237 structures and residents in Midlothian and Oak Forest.  This award recognizes projects that demonstrate a high level of river-sensitive design and consideration.  See https://mwrd.org/natalie-creek-flood-control for more information about the project.

Observer:  Priscilla Mims

Metropolitan Water Reclamation District (MWRD) Board Meeting
May 19, 2022

Public Speaker:

• A representative from the Sierra Club was the public speaker and he wanted the MWRD to be aware what is planned for the wetlands located on 55 acres near Rodenburg and Irving Park roads next to the Schaumburg Metra Station.  In 2018 the village of Schaumburg sold this land to Experior Transportation and the plan is to build a corporate headquarters, warehouse space and fueling station with storage tanks for trucks on top of the wetlands.  This will upset the natural ecosystem and destroy the natural flow of water, disperse wildlife, leaks in fuel storage tanks could contaminate underground water table, and the neighborhood and school will be exposed to polluted air.

​Board Action:

• The Board passed a resolution recognizing May as Asian/Pacific American Heritage Month and honored Asian Americans Advancing Justice Chicago, a nonprofit organization that has a “mission to advance civil and human rights for Asian Americans and to build and promote a fair and equitable society for all.”
• MWRD received the Government Finance Officers Association Distinguished Budget Presentation Award for its 2021 budget.  A budget that is comprehensive and understandable improves transparency for residents and assures that tax dollars are being spent appropriately.  To win this award MWRD leaders and the financial team met demanding criteria showing their commitment and professionalism.
• The board approved authority to advertise a  $11.4 million contract to furnish and deliver polymer.  Polymer is used in the wastewater treatment plants to create larger waste particles that can separate from water and to help manage the process of drying and condensing  biosolids.  The use of polymer makes the treatment process more efficient and cheaper.
• Commissioner Davis brought up the subject of rain barrels.  These barrels capture rainwater from roofs and keep this water out of the sewer system helping to prevent sewer overflows and flooding.  Rain barrel water is naturally free of chlorine, lime and calcium.  Rain barrels can be ordered from MWRD.

Observed by  Michele Niccolai

Metropolitan Water Reclamation District (MWRD) Board Meeting
May 5, 2022

Commission McGowan opened the meeting by calling for the deletion of the proposed amendment to the Affirmative Action Ordinance without discussion until the Board holds a Study Session on the recent Disparity Report.  No date has been set.  All nine commissioners voted to delete without discussion. Agenda Item #1 022-006.)    

Only two other items were pulled for discussion.  Both because the market rate for chemicals, in this case Sodium Hypochlorite and Magnesium Chloride, is widely fluctuating and the vendors do not want to commit to more than a year’s rate.  Hence, they will have the opportunity to rebid the rate for year two of the contract.  After an explanation that during each contract year, the rate would remain the same regardless of market conditions, the items were returned to the agenda. (Agenda Items #13 22-0397 and #17 22-0425.)

All agenda items were approved with the exception of Item #1 above and two others that were deleted by the Executive Director without discussion.

There were no Stormwater Management contracts on the agenda. No Executive Session was held and no New Business was offered

​Observer:  Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board Meeting
April 21, 2022

At the prior meeting, Commissioners said a study session on a comprehensive study on the MWRD’s land use is needed in order to evaluate some proposals for leasing MWRD parcels.  At this meeting, the need for a study session on and a supplement to the Disparity Study was highlighted, and a proposed amendment to the Affirmative Action Ordinance was deferred.  President Steele ended the meeting urging Commissioners to coordinate their calendars so separate study sessions on each could be held very soon.

Proposed amendment to the Affirmative Action Ordinance to revise Appendix D to prohibit a prime contractor from utilizing its status as a Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), or Small Business Enterprise (SBE) toward fulfillment of participation goals.  (Item 1, O22-006) 

• Many of the MWRD’s contracts call for stated percentages of MBE/WBE/SBE participation in the work done under the contract.  Currently, if the winner of the contract as the prime contractor is also one or more of these entities, that prime contractor’s status can be counted toward fulfillment of the required percentages.
• 4 speakers, 3 of whom represented associations of MBE/WBE/SBE entities, all expressed grave concerns and/or outright opposition to the proposed change.  As they explained, if an MBE, WBE, or SBE wins the contract as a prime contractor, there may not be other such entities which can perform part of the work.  One of the woman speakers owns a trucking firm, and said that she would not be able to find another woman-owned trucking firm to fulfill the WBE goal that would be set under the contract, so she needs to be able to count her business as meeting the goal. 3 of the speakers asked that the item be held until the Disparity Study was completed and made public.
• Comm. Garcia asked whether Collette Holt, the outside consultant who took the lead on the Disparity Study, has reviewed the proposed amendment.  Dr. Regina Berry, the Diversity Officer, said that Ms. Holt had reviewed this and did opine there were alternatives to achieving the goals of this amendment, though no specifics were given. 
• Comm. Garcia asked for a report from Ms. Holt based on Dr. Berry’s answer, and also asked for a supplement to the Disparity Study, which has obviously been circulated to the Commissioners, regarding LGBTQ and people with disabilities, as well as reviewing whether to expand the Affirmative Action goals to include furnish and deliver contracts (currently exempt).
• While there was discussion about deleting the item so it could potentially be revised and resubmitted at a future meeting, Comm. Morita requested deferral instead, which means it would come back to the Board without any changes.

Deferred or deleted items:

• Comm. Corral Sepulveda questioned the proposal to seek bids for two contracts of $8 million each to provide services as needed for construction or repair of District infrastructure for 3 years starting on Sept. 1, 2022.  A similar proposal for a single contract of $8 million for 2 years had come before the Board on Feb. 17, when the Commissioners asked that it be revised so more vendors could be involved.  Under this proposal, the contract was split between District property on the north and south side, allowing two different vendors to win the prime contract.  However, Comm. Corral Sepulveda said that she would like the contract to be further divided in order to be able to attract MBE/WBE/SBE entities, which often find access to capital to be one of their greatest barriers.  Comm. Garcia’s motion to delete this item passed.  (Item 11, 22-0378)
• Comm. Spyropoulos questioned why a bidding process to furnish and deliver sodium hypochlorite, a disinfectant, had a contract term of only 6 months.  Exec.Dir. Perkovich explained that vendors had told the MWRD that the price for such product is so volatile now that vendors would not be willing to lock in a price for a longer term.  This item was deferred.  (Item 15, 22-0397)
• Also deferred at the request of Comm. Spyropoulos was a proposal to seek bids to provide legal services for bankruptcy and collection matters for 2 years starting on Jan. 1, 2023.  

Also discussed:

• Proposed contract with ComPsych Behavioral Health Corp to provide telephonic counseling, tele-behavioral health services, and up to 8 face-to-face counseling sessions per employee for a 5-year period starting July 1, 2022.  Comm Davis thanked the staff for negotiating this because after the last several years, this service for employees was particularly needed.  A similar service has been provided, and data shows significant usage by employees over the first 3 quarters of 2021. (Item 19, 22-0373)

Stormwater Management Items passed:

• Authority to award a contract for a diversion channel for a flood control project on Midlothian Creek in Robbin for an amount up to $10 million (including a 5% allowance for change orders).  (Item 25, 22-0381)
• Authority to negotiate an agreement with Lyons Township and the Illinois Department of Transportation in connection with a flood control project along the Plainfield Road Corridor. (Item 33, 22-0395)
• Authority to amend an agreement with the Village of Western Springs for storm sewers and outfall to Flagg Creek in Western Springs.  (Item 34, 22-0394)
• Authority to negotiate an agreement with Maine Township, Maine Township Road District, and City of Park Ridge for a flood control project on Farmers and Prairie Creeks.  (Item 35, 22-0395)

Observer:  Priscilla Mims

Metropolitan Water Reclamation District (MWRD) Board Meeting
April 7, 2022

Land Use Policy:

• There were two local village representatives who spoke at the public comment period, one from Stickney, one from Forest View, both in support of proposed leases in their villages. 
• Com. Davis asked to discuss the merits of leasing individual parcels especially for long periods of time, (30 to 40 years) without having a comprehensive land use policy.  The nominal items that triggered the long discussion were 9, 10, 37, 40, 41 (22-0331, 22-0333, 22-0317, 22-0344, and 22-0345).  Com Davis argued that leasing parcels on a piecemeal basis was a bad idea before having a policy in place. 
• Coms. Garcia, Morita, and Corral-Sepulveda have been on the Land Use Committee gathering input from various commissioners and constituents.  Com. Garcia said that each lease had to consider the village zoning and surrounding land use of MWRD property, and that already 80% of MWRD real estate was set aside for preservation and natural space. 
• Com. Perry voiced alarm about 30 to 40 year leases that would tie the hands of the MWRD for years to come. 
  
• Com. Garcia and Coms. Morita and Corral-Sepulveda did not take issue with the first parcel (22-0331) in Forest View, because it was surrounded by industrial lands, but all three agreed, after much prompting from Com. Davis, that they would hold a study session before mid-June on comprehensive land use of MWRD real estate.  All commissioners gave verbal assent they would commit to attending a study session.  

Other Board Discussion and Action:

• There was once again abundant discussion about a contract forfeit for a small contractor because it could not deliver the material at its quoted contract price, brought up by Com. Davis.  Commissioners were indignant that the MWRD must forfeit contracts and have to go out for bid to spend larger amounts, with seemingly no consequence to the forfeited contractor other than they could not bid again for one year.   Dir. Perkovich had investigated since the last meeting, and said that the MWRD could pursue legal remedies even after forfeiting the contract, so in the end, commissioners agreed to the item, as long as the staff presents best practices regarding contracts from other public agencies to revise the consequences for breach of contract.  (Item 11, 22-0351)
• Com. Morita expressed interest in the very large labor contract for $12 million, wondering the particulars.  Staff explained that the contract was for seasonal and vacation union labor so the MWRD would not need to hire full time employees.  Com. McGowan asked that perhaps the contract could be broken down into three parts and Dir. Perkovich said he would work on this for the next meeting, the only advantage in one contract being the ease of administration by staff. (Item 13, 22-0306).  The item was deleted.
  
• Com. Spyropoulos asked to delete the knowledge exchange programs with Dubai and Singapore that were deferred from the last meeting. She took issue with both countries’ treatment of labor, women and LGBTQ.  MWRD has some of the best sewage treatment and stormwater practices in the world, and there should be a consequence for countries which do not adhere to US human rights standards.  The items were deleted unanimously.  (Items 31 and 32, 22-0291 and 22-0294)
  
• Chicago River Day is May 14.  Com. Spyropoulos and Com. Davis wanted to remind the board of the importance of volunteers to a public agency, speaking highly of Friends of the Chicago River as a great example.

All commissioners were in attendance in-person. 

Observed by Amy Little

Metropolitan Water Reclamation District MWRD) Board Meeting
March 17, 2022

Board Action:

• An item requested the RFP for the Biogas Combined Heat and Power system for the Egan Water Reclamation Plant (Schaumburg) be dramatically increased from $2M to $10M because it was decided the processor needs a building of its own to function properly.  The item was deferred, and Executive Director Perkovich was asked to return with “unbundled” cost estimates.  Commissioners Davis, Perry, Sepulveda, Spyropoulos, and Marita emphasized that a fourfold increase in Scope of Work needs to be broken down better for commissioners to understand.  This Egan biogas project will be the flagship installation before other plants are considered. (Item 14 22-0235)
• There was abundant discussion about a contract forfeit for a small contractor because it could not deliver the material at its quoted contract price.  Commissioners were indignant that the MWRD must forfeit contracts and have to go out for bid to spend larger amounts, with seemingly no consequence to the forfeited contractor other than they could not bid again for one year.   Com. Davis, Marita, Perry, and Sepulveda urged pursuing legal recourse rather than forfeiting the contract.  The item was deferred so that Dir. Perkovich could investigate further. (Item 15 22-0279)
• Com. Dubuclet expressed interest in the farming contract at Hanover Park and wondered if the practice could spread to other sites.  Dir. Perkovich said that so far only Hanover Park was viable. (Item 24 22-0259)
• VP McGowan wondered why the 19 year contract at McCook Reservoir Excavation with Vulcan Construction Materials was being increased and how long the contract had to run.  Dir. Perkovich replied that Vulcan had owned the land for McCook and the contract expired in 2028.  (Item 26 22-0234)
• The knowledge exchange programs with Dubai and Singapore were both deferred.  Com. Davis expressed concern about Dubai’s labor practices and political repression.  (Items 31 and 32, 22-0291 and 22-0294)

New Business:

• World Water Day is March 22.  Chicago now recognizes potable water as a basic human right.  Coms. Davis and Garcia look forward to the Disparity Study results.  They also both want MWRD to publish COVID 19 results from spot wastewater testing.
• VP McGowan wants to make sure that even small contracts are required to utilize MBE subcontractors and requested that Dir. Perkovich return with a policy.

All commissioners were in attendance in-person. 

Observer - Amy Little