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HomeMy Public PortalAbout1499th Board Agenda 4-20-2011 revREVISED PAGE 5 4/19/11 A G E N D A 1499th MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT April 20, 2011 – 3:30 P.M. MSD OFFICES 2350 MARKET STREET ROOM 109 ROLL CALL THE BOARD OF TRUSTEES WILL BE IN CLOSED SESSION BETWEEN 3:30 P.M. AND 5:00 P.M. 1 CLOSED SESSION TO DISCUSS LEGAL, CONFIDENTIAL OR PRIVILEGED MATTERS UNDER §610.021(1), RSMO 1988 SUPP.; LEASING, PURCHASE OR SALE OF REAL ESTATE UNDER §610.021(2); PERSONNEL ACTIONS UNDER §610.021(3); DISCUSSIONS REGARDING NEGOTIATIONS WITH EMPLOYEE GROUPS UNDER §610.021(9) 2 APPROVAL OF JOURNAL OF PRECEDING MEETINGS March 10, 2011 (1498th) 3 COMMENTS BY THE CHAIR 4 REPORT OF BOARD COMMITTEES 5 REPORT OF EXECUTIVE DIRECTOR 6 COMMENTS FROM THE PUBLIC 7 SUBMISSION OF PUBLIC HEARING REPORTS – None 8 COMMUNICATIONS – None 9 CONSENT AGENDA – Item Nos. 10 through 30 2 of 4/20/11 Ordinances 10 Adoption of proposed Ord. No. 110-11 appropriating $430,000.00 from the Operation, Maintenance and Construction Improvement Fund of Seminary Branch of River Des Peres to be used for project costs for the construction of storm sewers in Florence #503 Storm Sewer Improvements (10213), in the City of Webster Groves, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with K.J. Unnerstall Construction Co. for the aforesaid storm sewer construction. (Intro. 3/10/11) 11 Adoption of proposed Ord. No. 111-11 appropriating $3,800,000.00 from the Sanitary Replacement Fund to be used for project costs for the rehabilitation of sanitary sewers in Infrastructure Repairs (Rehabilitation) (FY2011) (10660) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with SAK Construction, LLC for the rehabilitation of the aforesaid sanitary sewers. (Intro. 3/10/11) 12 Adoption of proposed Ord. No. 112-11 appropriating $140,000.00 from the Sanitary Replacement Fund to be used for project costs for the Stonington Sanitary Relief (SKME-652) (I/I Reduction) (10185), in the City of Frontenac, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Southern Ditching & Excavating Company for the aforesaid rehabilitation. (Intro. 3/10/11) 13 Adoption of proposed Ord. No. 114-11 appropriating $160,000.00 from the Operation, Maintenance and Construction Improvement Fund of Gravois Creek to be used for project costs for the construction of storm sewers in Alpine & Rambler Storm Sewer (10522), in unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Gaehle Grading LLC for the aforesaid storm sewer construction. (Intro. 3/10/11) 14 Adoption of proposed Ord. No. 115-11 appropriating $110,000.00 from the Operation, Maintenance and Construction Improvement Fund of Creve Coeur – Frontenac to be used for project costs for the construction of storm sewers in Conway Road #11632 Storm Sewer (10301), in the City of Westwood, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Karsten Equipment Co. for the aforesaid storm sewer construction. (Intro. 3/10/11) 15 Adoption of proposed Ord. No. 116-11 appropriating $73,000.00 from the Operation, Maintenance and Construction Improvement Fund of Fountain Creek to be used for project costs for the construction of storm sewers in Graham Road #630 Storm Sewer (10633), in the City of Florissant, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Karsten Equipment Co. for the construction of the aforesaid storm sewers. (Intro. 3/10/11) 16 Adoption of proposed Ord. No. 117-11 appropriating $97,000.00 from the Operation, Maintenance and Construction Improvement Fund of Cold Water Creek to be used for project costs for the construction of storm sewers in Rissant Drive #39 Storm Sewer (10341), in the City of Florissant, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Heartland Construction & Excavating for the construction of the aforesaid storm sewers. (Intro. 3/10/11) 3 of 4/20/11 17 Adoption of proposed Ord. No. 119-11 declaring the necessity for the acquisition of easements and temporary easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Baumgartner & Black Forest Sanitary Replacement Phase I (10066) to serve the needs of residents of the area, and authorizing the acquisition of said easements and temporary construction easements by purchase or by the institution of condemnation proceedings. (Intro. 3/10/11) 18 Adoption of proposed Ord. No. 121-11 authorizing The Metropolitan St. Louis Sewer District to pay the fees of Lashly & Baer PC for services rendered as legal counsel to the Rate Commission of The Metropolitan St. Louis Sewer District. (Intro. 3/10/11) Plan Approval 19 Woodleaf Court Storm Sewer Improvements (10151) This project, located south of Manchester Road and west of Dickson Street in the City of Kirkwood, is to alleviate yard, street and house flooding due to an inadequate storm sewer system. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $535,000. 20 Brightwell Sanitary Relief (SKME-213) (10447) This project, located north of St. Joseph Street and west of N. New Florissant Road in the City of Florissant, is to alleviate basement backups and overcharged sanitary sewers. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $2,647,000. 21 Valley Sanitary Relief (SKME-014) Phase II (10147) This project, located east of Valley Road and south of Kehrs Mill Road in the Cities of Ballwin, Chesterfield, and Clarkson Valley, is to alleviate basement back-ups and overcharge sanitary sewers. This project is in Fiscal Year 2011 budget and the estimated construction cost is $3,981,000. 22 Arlee & Hoffmeister Storm Sewer (10389) This project, located south of Arlee Avenue and east of the Union Pacific Railroad in unincorporated St. Louis County, is to eliminate an existing storm sewer conflict with the Lemay WWTP outfall sewer. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $173,000. 23 Thunderbird Drive Bank Stabilization (10201) This project, located east of New Florissant Road and north of Lindbergh Blvd. (Highway 67) in the City of Florissant, is to alleviate streambank erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $117,000. 4 of 4/20/11 24 Diebold - Celtic Channel Improvement (GCMB-340) (10056) This project, located south of the intersection of I-55 and Bayless in the unincorporated St. Louis County, is to alleviate streambank erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $675,000. 25 Lada Avenue Storm Sewer (10287) This project, located north of Natural Bridge Road and west of North Hanley Road in Unincorporated St. Louis County, is to relieve basement, yard, and street flooding. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $727,000. 26 CSO - Macklind Outfall L-062 Separation (10159) This project, located south of Manchester Road and east of Macklind Avenue in the City of St. Louis, is to separate a reach of combined sewer and eliminate a CSO. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $963,000. 27 Fielding Road #10 Channel Improvements (10602) This project, located east of Warson Road and north of Ladue Road in the City of Ladue, is to alleviate yard erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $154,000. 28 Lindscott Storm Sewer (10307) This project, located north of St. Charles Rock Road (State Route180) and east of Woodson Road in the City of St. John, is to alleviate structure and yard flooding. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $353,000. 29 Wenneker-Treebrook Lane Storm Channel (10228) This project, located south of Ladue Road and west of Interstate 170 in the City of City of Ladue, is to alleviate creek erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $463,000. 30 Normton Drive Bank Stabilization (10200) This project, located north of Ladue Road and west of Interstate 170 in the City of City of Ladue, is to alleviate creek erosion. This project is in the Fiscal Year 2011 Budget and the estimated construction cost is $469,000. 5 of 4/20/11 REVISED 4/19/11 UNFINISHED BUSINESS Ordinances 31 Amendment and adoption of proposed Ord. No. 113-11 appropriating $3,800,000 from the Sanitary Replacement Fund to be used for project costs for the construction of sanitary sewers in Creve Coeur Creek Sanitary Trunk Sewer Relief Phase IIA (10427) in the Cities of Chesterfield and Town & Country, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Bates Utility Company, Inc. for the aforesaid construction. (Intro. 3/10/11) 32 Amendment and adoption of proposed Ord. No. 118-11 appropriating $100,000.00 from the Sanitary Replacement Fund for engineering services for the final design of Glaise and Rock Creek Combined Sewer Relief (10091) and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter in contract Amendment No. 8, under Contract #10643 with Camp Dresser & McKee, Inc. for the aforesaid engineering services. (Intro. 3/10/11) Resolutions None 6 of 4/20/11 New Business Agenda Item Number Name Page Number Ordinances 33 – Proposed Ord. No. 123-11 Diebold – Celtic Channel Improvement 10 (GCMB-340) (10056) Introduction of proposed Ord. No. 123-11 appropriating $265,000.00 from the Operation, Maintenance and Construction Improvement Fund of Gravois Creek to be used for project costs for the construction of storm sewers in Diebold - Celtic Channel Improvement (GCMB-340) (10056), in unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Ideal Landscape Group for the aforesaid storm sewer construction. 34 – Proposed Ord. No. 124-11 Lindbergh and Patterson Storm Sewer (10218) 11 Introduction of proposed Ord. No. 124-11 appropriating $70,000.00 from the Operation, Maintenance and Construction Improvement Fund of Coldwater Creek to be used for project costs for the construction of storm sewers in Lindbergh and Patterson Storm Sewer (10218), in the City of Florissant, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with TAP Utilities, LLC for the aforesaid storm sewer construction. 35 – Proposed Ord. No. 125-11 Stonell – Elise Drive Storm Project 12 (GCMB-220) (10036) Introduction of proposed Ord. No. 125-11 appropriating $460,000.00 from the Operation, Maintenance and Construction Improvement Fund of Gravois Creek to be used for project costs for the construction of storm sewers in Stonell - Elise Drive Storm Project (GCMB-220) (10036), in the City of Lakeshire, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with J.H. Berra Construction Co., Inc. for the aforesaid storm sewer construction. 36 – Proposed Ord. No. 126-11 Infrastructure Repairs (Rehabilitation) 13 (FY2011B) (11068) Introduction of proposed Ord. No. 126-11 appropriating $6,100,000.00 from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation at Infrastructure Repairs (Rehabilitation) (FY2011B) (11068), in the City of St. Louis and north and western portions of St. Louis County, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Insituform Technologies USA, Inc. for the construction of the aforesaid sewers. 7 of 4/20/11 Agenda Item Number Name Page Number 37 – Proposed Ord. No. 127-11 Irene & Bopp Storm Sewer (10667) 14 Introduction of proposed Ord. No. 127-11 appropriating $63,000.00 from the Operation, Maintenance and Construction Improvement Fund of Deer Creek to be used for project costs for the construction of storm sewers in Irene & Bopp Storm Sewer (10667), in the City of Des Peres, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with TAP Utilities, LLC for the aforesaid storm sewer construction. 38 – Proposed Ord. No. 128-11 Lanett Ct. #11390 Storm 15 Improvement (10349) Introduction of proposed Ord. No. 128-11 appropriating $142,000.00 from the Operations, Maintenance and Construction Improvement Fund of Watkins Creek to be used for project costs for creek stabilization of Lanett Ct. #11390 Storm Improvement (10349), in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with J.H. Berra Construction Co., Inc. for the construction of the aforesaid project. 39 – Proposed Ord. No. 129-11 Minerva – Wengler – Burns 16 Storm Sewer (10060) Introduction of proposed Ord. No. 129-11 appropriating $150,000.00 from the Operation, Maintenance and Construction Improvement Fund of University City to be used for project costs for the construction of storm sewers in Minerva - Wengler - Burns Storm Sewer (10060), in the City of Overland, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with TAP Utilities, LLC for the construction of the aforesaid storm sewers. 40 – Proposed Ord. No. 130-11 Woodleaf Court Storm Sewer 17 Improvements (10151) Introduction of proposed Ord. No. 130-11 appropriating $510,000.00 from the Operation, Maintenance and Construction Improvement Fund of Deer Creek to be used for project costs for the construction of storm sewers in Woodleaf Court Storm Sewer Improvements (10151), in the City of Kirkwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Unnerstall Contracting Co., Ltd. for the aforesaid storm sewer construction. 41 – Proposed Ord. No. 131-11 Independent Audit for the Fiscal Year 18 Ending June 30, 2011 Introduction of proposed Ord. No. 131-11 amending Ordinance No. 13103, as adopted June 10, 2010, and enacting a new Section One and a new Section Two in lieu thereof in order to correct a scriveners error for the District's fiscal periods through June 30, 2010 and extend the contract with Schmersahl Trealor & Co. for Independent Audit Services to include all periods through June 30, 2011. 8 of 4/20/11 Agenda Item Number Name Page Number 42 – Proposed Ord. No. 132-11 Emergency Repair #045 – Caulks Creek 19 Force Main Repair I-64 & RR (11126) Introduction and adoption of proposed Ord. No. 132-11 appropriating $600,000.00 from the Emergency Fund for emergency sewer repairs in Emergency Repair #045 – Caulks Creek Force Main Repair I-64 & RR (11126) in the City of Chesterfield, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract #10665 with Gross Mechanical Constructors, Inc. for the aforesaid emergency repairs. 43 – Proposed Ord. No. 133-11 Rate Commission Rate Change Review Services 20 Introduction and adoption of proposed Ord. No. 133-11 authorizing The Metropolitan St. Louis Sewer District to pay the fees of Raftelis Financial Consultants, Inc. for rate consulting review services rendered to the Rate Commission of The Metropolitan St. Louis Sewer District. 44 – Proposed Ord. No. 134-11 Rate Commission Organization 21 Introduction and adoption of proposed Ord. No. 134-11 identifying and designating a Rate Commission Representative Organization to serve on the Rate Commission of The Metropolitan St. Louis Sewer District. 45 – Proposed Ord. No. 135-11 Update Feasibility Study to Support Debt Financing 22 Introduction and adoption of proposed Ord. No. 135-11 appropriating $50,000.00 from the General Fund (Secretary-Treasurer's Budget) of the District for an Update Feasibility Study to Support Debt Financing for the planned sale of sewer revenue bonds; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Black & Veatch Corporation whereby Black & Veatch Corporation will perform said financial feasibility study. Resolutions 46 Adoption of Resolution No. 2969 whereas the Executive Director has prepared a list 23 of proposed expenditures for the District in the form of a Capital Improvement & Replacement Program for Fiscal Year 2011-2012 in compliance with Section 7.130 of the District's Plan. 47 Adoption of Resolution No. 2965 expressing the Board of Trustees’ appreciation to James Thompson for his 22 years of exemplary service to The Metropolitan St. Louis Sewer District from March 28, 1989, to his retirement effective April 1, 2011. 48 Adoption of Resolution No. 2966 expressing the Board of Trustees’ appreciation to Robert Higgins for his 30 years of exemplary service to The Metropolitan St. Louis Sewer District from March 16, 1981, to his retirement effective April 1, 2011. 9 of 4/20/11 Agenda Item Number Name Page Number 49 Adoption of Resolution No. 2967 expressing the Board of Trustees’ appreciation to Anthony Masgio for his 42 years of exemplary service to The Metropolitan St. Louis Sewer District from March 10, 1969, to his retirement effective April 1, 2011. 50 Adoption of Resolution No. 2968 expressing the Board of Trustees’ appreciation to Joseph L. Burns for his 41 years of exemplary service to The Metropolitan St. Louis Sewer District from June 9, 1969, to his retirement effective April 1, 2011. 51 ITEMS PROPOSED FOR INTRODUCTION & ADOPTION AT THE NEXT BOARD MEETING 52 ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD 53 CLOSED SESSION The Metropolitan St. Louis Sewer District Board of Trustees may go into closed session at this meeting if such action is approved by a majority vote of the Board members who constitute a quorum, to discuss legal, confidential, or privileged matters under §610.021(1), RSMo 1988 Supp.; leasing, purchase or sale of real estate under §610.021(2); personnel actions under §610.021(3); discussions regarding negotiations with employee groups under §610.021(9); personnel records or applications under §610.021(13); or records under §610.021(14) which are otherwise protected from disclosure by law; or confidential or privileged communications with the District’s auditor, including auditor work products under §610.021(17). 54 ADJOURNMENT 10 of 4/20/11 AGENDA ITEM NUMBER: 33 – Proposed Ord. No. 123-11 NAME OF PROJECT: Diebold – Celtic Channel Improvement (GCMB-340) (10056) LOCATION: South of the Intersection of I-55 and Bayless in unincorporated St. Louis County, Missouri TYPE OF PROJECT: Creekbank Stabilization (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: Ideal Landscape Group Previous District Contract: Yes 6264 Lemay Ferry Road St. Louis, MO 63129 Consultant: N/A Agency: N/A Number of bidders: 5 Low Bid: $239,865.00 High Bid: $677,363.00 Appropriation Amount: $265,000.00 Designer’s Estimate: $675,000.00 MBE/WBE Participation: 10.44% - McKay’s Hauling – MBE Plan Approval Date: April 14, 2011 Type of Contract: Unit Cost Properties Affected: 6 Properties Benefiting: 6 Designed by: District staff The work to be done under Contract #10648 consists of the construction of approximately 431 lineal feet of natural channel stabilization. The purpose of this project is to alleviate streambank erosion. This project is scheduled to be completed in 270 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2004, Pg. 142 Amount: $205,000 Fund Name: #571 – Gravois Creek OMCI Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 10/12/06 – Ord. No. 12316 – GSA – Sewer and Channel Design – Reitz & Jens Inc. – Contract No. E-1198 03/07/08 – Res. No. 2764 – GSA – Sewer and Channel Design – Reitz & Jens Inc. – Contract No. E-1198 – Amend. No. 1 09/11/08 – Ord. No. 12733 – GSA – Survey Services – Sabur, Inc. – Contract No. E-1233 09/11/08 – Ord. No. 12739 – GSA – Geotechnical Services – Reitz & Jens Inc. – Contract No. E-1240 09/10/09 – Res. No. 2872 – GSA – Survey Services – Sabur, Inc. – Contract No. E-1233 – Amendment No. 1 04/08/10 – Res. No. 2904 – GSA – Geotechnical Services – Reitz & Jens Inc. – Contract No. E-1240 – Amendment No. 1 11 of 4/20/11 AGENDA ITEM NUMBER: 34 – Proposed Ord. No. 124-11 NAME OF PROJECT: Lindbergh and Patterson Storm Sewer (10218) LOCATION: North of Lindbergh Boulevard and east of Patterson Road in the City of Florissant, Missouri TYPE OF PROJECT: Storm Sewer Construction (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: TAP Utilities, LLC Previous District Contract: Yes 680 Himmel Road Moscow Mills, MO 63362 Consultant: N/A Agency: N/A Number of bidders: 9 Low Bid: $62,478.00 High Bid: $100,927.00 Appropriation Amount: $70,000.00 Designer’s Estimate: $81,000.00 MBE/WBE Participation: 14.36% Taylor Trucking – 6.19% - MBE K & P Precast, Inc. – 8.17% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 9 Properties Benefiting: 5 Designed by: District staff The work to be done under Contract #10645 consists of the construction of approximately 491 lineal feet of pipe sewers varying in size from 12-inches to 21-inches in diameter and appurtenances. The purpose of this project is to alleviate structure and yard flooding. This project is scheduled to be completed in 60 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2009, Pg. 140 Amount: $94,000 Fund Name: #564 – Coldwater Creek OMCI Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 10/12/06 – Ord. No. 12313 – GSA – Survey Services – The Sterling Company – Contract No. E-1195 11/08/07 – Ord. No. 12532 – GSA – Survey Services – The Sterling Company – Contract No. E-1218 12 of 4/20/11 AGENDA ITEM NUMBER: 35 – Proposed Ord. No. 125-11 NAME OF PROJECT: Stonell – Elise Drive Storm Project (GCMB-220) (10036) LOCATION: South of Gravois Road and west of Tesson Ferry Road in the City of Lakeshire, Missouri TYPE OF PROJECT: Storm Sewer Construction (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: J. H. Berra Const. Co., Inc. Previous District Contract: Yes 5091 New Baumgartner Road St. Louis, MO 63129 Consultant: N/A Agency: N/A Number of bidders: 4 Low Bid: $418,910.00 High Bid: $494,510.00 Appropriation Amount: $460,000.00 Designer’s Estimate: $467,000.00 MBE/WBE Participation: 12.04% Windstar Transportation – 6.31% - MBE Midwest Turf – 5.73% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 12 Properties Benefiting: 5 Designed by: District staff The work to be done under Contract #10635 consists of the construction of approximately 1,113 lineal feet of pipe sewers varying in size from 8-inches to 42-inches in diameter and appurtenances. The purpose of this project is to relieve street and yard flooding. This project is scheduled to be completed in 120 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2010, Pg. 176 Amount: $454,000 Fund Name: #571 – Gravois Creek OMCI Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/11/08 – Ord. No. 12740 – GSA – Geotechnical Services – Stantec Consulting Services Inc. – Contract No. E-1241 05/13/10 – Res. No. 2905 – GSA – Geotechnical Services – Stantec Consulting Services Inc. – Contract No. E-1241 – Amendment No. 1 13 of 4/20/11 AGENDA ITEM NUMBER: 36 – Proposed Ord. No. 126-11 NAME OF PROJECT: Infrastructure Repairs (Rehabilitation) (FY2011B) (11068) LOCATION: Service Areas 1, 4 and 5 in the City of St. Louis and north and western portions of St. Louis County, Missouri TYPE OF PROJECT: Sanitary Sewer Rehabilitation (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: Insituform Technologies USA, Inc. Previous District Contract: Yes 17988 Edison Avenue Chesterfield, MO 63005 Consultant: N/A Agency: N/A Number of bidders: 3 Low Bid: $5,509,377.00 High Bid: $7,158,045.65 Appropriation Amount: $6,100,000.00 Designer’s Estimate: $5,708,553.00 MBE/WBE Participation: 10.44% A.L.L. Construction – 5.05% - MBE XL Contracting – 2.46% - MBE Blaylock Chemical – 2.93% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 2,522 Properties Benefiting: 5,044 Designed by: District staff The work to be done under Contract #10628 consists of the construction of rehabilitation of approximately 181,540 lineal feet of pipe sewers varying in size from 6-inches to 42-inches in diameter using cured-in-place pipe (CIPP) methods. The purpose of this project is to rehabilitate older, damaged and deteriorated sewers to reduce pipe collapses, blocked mains, and inflow/infiltration. This project is scheduled to be completed in 365 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 59 Amount: $10,000,000 Fund Name: #660 – Sanitary Replacement Fund Additional Comments: A companion project, Infrastructure Repairs (Rehabilitation) (FY2011) 10660, encompassing the remainder of the District’s boundaries was introduced at the March Board of Trustees’ meeting. Contracted planning resources utilized: Watershed Facility Planning, Combine Sewer Area I/I Assessment, Separate Sewer Area I/I Assessment, and CCTV Inspection. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A 14 of 4/20/11 AGENDA ITEM NUMBER: 37 – Proposed Ord. No. 127-11 NAME OF PROJECT: Irene & Bopp Storm Sewer (10667) LOCATION: North of Manchester Road and east of Bopp Road in the City of Des Peres, Missouri TYPE OF PROJECT: Storm Sewer Construction (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: TAP Utilities, LLC Previous District Contract: Yes 680 Himmel Road Moscow Mills, MO 63362 Consultant: N/A Agency: N/A Number of bidders: 7 Low Bid: $56,923.25 High Bid: $78,492.00 Appropriation Amount: $63,000.00 Designer’s Estimate: $63,000.00 MBE/WBE Participation: N/A – The above bid, less utility relocation, is less than $50,000 and therefore does not have a goal under the MBE/WBE policy. Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 1 Properties Benefiting: 1 Designed by: District staff The work to be done under Contract #10636 consists of the construction of approximately 239 lineal feet of pipe sewers varying in size from 8-inches to 12-inches in diameter and appurtenances. The purpose of this project is to alleviate yard erosion at #2 Irene Court. This project is scheduled to be completed in 60 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 145 Amount: $54,000 Fund Name: #566 – Deer Creek Fund Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A 15 of 4/20/11 AGENDA ITEM NUMBER: 38 – Proposed Ord. No. 128-11 NAME OF PROJECT: Lanett Ct. #11390 Storm Improvement (10349) LOCATION: North of Interstate 270 and west of Highway 367 in unincorporated St. Louis County, Missouri TYPE OF PROJECT: Creekbank Stabilization (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: J.H. Berra Const. Co., Inc. Previous District Contract: Yes 5091 New Baumgartner Road St. Louis MO 63129 Consultant: N/A Agency: N/A Number of bidders: 5 Low Bid: $129,072.50 High Bid: $203,807.40 Appropriation Amount: $142,000.00 Designer’s Estimate: $150,000.00 MBE/WBE Participation: 10.50% Windstar Transportation – 7.56% - MBE Midwest Turf – 2.94% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 4 Properties Benefiting: 4 Designed by: District staff The work to be done under Contract #10633 consists of the construction of approximately 143 square yards of bank protection – biostabilization, 150 square yards of composite revetment, 130 square yards of rock toe protection, 90 cubic yards of grade control stabilization, 108 lineal feet of retaining wall construction, 38 lineal feet of 12-inch diameter pipe sewers, and appurtenances. The purpose of this project is to alleviate channel bank erosion. This project is scheduled to be completed in 160 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 149 Amount: $156,000 Fund Name: #587 – Watkins Creek OMCI Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 10/12/06 – Ord. No. 12320 – GSA – Geotechnical Services – Stantec Consulting Services Inc. – Contract No. E-1202 03/10/08 – Res. No. 2765 – GSA – Geotechnical Services – Stantec Consulting Services Inc. – Contract No. E-1202 – Amendment No. 1 09/11/08 – Ord. No. 12737 – GSA – Sewer and Channel Design – ILINC Engineering Inc. – Contract No. E-1238 10/07/08 – Ord. No. 12747 – GSA – Survey Services – Cole & Associates, Inc. – Contract No. E-1235 07/09/09 – Res. No. 2858 – GSA – Sewer and Channel Design – ILINC Engineering Inc. – Contract No. E-1238 – Amendment No. 1 09/10/09 – Res. No. 2874 – GSA – Survey Services – Cole & Associates, Inc. – Contract No. E-1235 – Amend. No. 1 16 of 4/20/11 AGENDA ITEM NUMBER: 39 – Proposed Ord. No. 129-11 NAME OF PROJECT: Minerva – Wengler – Burns Storm Sewer (10060) LOCATION: West of Woodson Road and north of Page Avenue in the City of Overland, Missouri TYPE OF PROJECT: Storm Sewer Construction (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: Tap Utilities, LLC Previous District Contract: Yes 680 Himmel Road Moscow Mills, MO 63362 Consultant: N/A Agency: N/A Number of bidders: 8 Low Bid: $137,208.50 High Bid: $204,352.10 Appropriation Amount: $150,000.00 Designer’s Estimate: $164,000.00 MBE/WBE Participation: 15.23% Taylor Trucking – 6.06% - MBE K & P Precast, Inc. – 9.17% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Unit Cost Properties Affected: 8 Properties Benefiting: 3 Designed by: District staff The work to be done under Contract #10640 consists of the construction of approximately 658 lineal feet of pipe sewers varying in size from 12-inches to 24-inches in diameter and appurtenances. The purpose of this project is to relieve frequent structure, street, and yard flooding. This project is scheduled to be completed in 90 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 157 Amount: $126,000 Fund Name: #584 – University City OMCI Additional Comments: Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 10/12/06 – Ord. No. 12316 – GSA – Sewer and Channel Design – Reitz & Jens Inc. – Contract No. E-1198 03/07/08 – Res. No. 2764 – GSA – Sewer and Channel Design – Reitz & Jens Inc. – Contract No. E-1198 – Amend No. 1 09/11/08 – Ord. No. 12732 – GSA – Survey Services – Volz Incorporated – Contract No. E-1232 09/10/09 – Res. No. 2871 – GSA – Survey Services – Volz Incorporated – Contract No. E-1232 – Amendment No. 1 17 of 4/20/11 AGENDA ITEM NUMBER: 40 – Proposed Ord. No. 130-11 NAME OF PROJECT: Woodleaf Court Storm Sewer Improvements (10151) LOCATION: South of Manchester Road and west of Dickson Street in the City of Kirkwood, Missouri TYPE OF PROJECT: Storm Sewer Construction (015.0 Construction Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract What does action accomplish?: Implements the construction of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: Unnerstall Contracting Co., Ltd. Previous District Contract: Yes 2803 West Osage Pacific, MO 63069 Consultant: N/A Agency: N/A Number of bidders: 5 Low Bid: $476,398.00 High Bid: $616,801.26 Appropriation Amount: $510,000.00 Designer’s Estimate: $535,000.00 MBE/WBE Participation: 10.35% Luther’s Supply – 5.69% - MBE Roden’s Landscaping, Inc. – 4.66% - WBE Plan Approval Date: April 14, 2011 Type of Contract: Unit Cost Properties Affected: 14 Properties Benefiting: 5 Designed by: Kowelman Engineering, Inc. The work to be done under Contract #10652 consists of the construction of approximately 1,040 lineal feet of pipe sewers varying in size from 12-inches to 48-inches in diameter and appurtenances. The purpose of this project is to alleviate yard, street, and house flooding due to an inadequate storm sewer system. This project is scheduled to be completed in 360 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 171 Amount: $435,000 Fund Name: #566 – Deer Creek OMCI Additional Comments: The scope of this project was expanded during design to address other flooding issues in the project area that were brought to the District’s attention during a public meeting. Contracted planning resources utilized: Stormwater Facility Planning PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 11/08/07 – Ord. No. 12536 – Amount: $222,000 – Kowelman Engineering, Inc. – Design Contract No. E-1222 18 of 4/20/11 AGENDA ITEM NUMBER: 41 – Proposed Ord. No. 131-11 NAME OF PROJECT: Independent Audit for the Fiscal Year Ending June 30, 2011 LOCATION: N/A TYPE OF PROJECT: Annual Independent Audit DEPARTMENT REQUESTING ACTION: Board of Trustees Why is this action necessary: To select a Certified Public Accountant to perform the Annual Independent Audit as required by Section 7.080 of the Plan. What does action accomplish: To correct a scriveners error and to extend the contract for Annual Independent Audit of the Fiscal Year ending June 30, 2011. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes, performed Annual Independent Audit for the District for the Fiscal year ending 2009 and a special review as of the new system conversion on April 1, 2010. Consultant: Schmersahl Treloar & Co., PC 3660 S. Geyer Road St. Louis, Missouri 63127 Agency: N/A Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: N/A District’s Estimate: $130,000 MBE/WBE Participation: 25% Plan Approval Date: N/A Type of Contract: Lump Sum Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: Secretary-Treasurer Budget Year: 2011 Amount: $130,000 Fund Name: N/A Additional Comments: This is the second year of a two-year engagement. The term of the external auditor is renewed annually and the fee is set through a multi-year proposal process. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 07/09/2009 - Ord. No. 12907 - Amount $112,500 - Schmersahl Treloar & Co. 19 of 4/20/11 AGENDA ITEM NUMBER: 42 – Proposed Ord. No. 132-11 NAME OF PROJECT: Emergency Repair #045 – Caulks Creek Force Main Repair I-64 & RR (11126) LOCATION: Interstate 64 at the Railroad and Bonhomme Creek in the City of Chesterfield, Missouri TYPE OF PROJECT: Emergency Repair DEPARTMENT REQUESTING ACTION: Operations REQUESTED ACTION: Why is this action necessary?: Appropriates funds and authorizes staff to enter into an emergency construction contract What does action accomplish?: Restores reliable sewer service and repairs a 24-inch sanitary force main SUMMARY EXPLANATION/BACKGROUND: Contractor: Gross Mechanical Constructors, Inc. Previous District Contract: Yes 3622 Greenwood Blvd. St. Louis, MO 63143 Consultant: N/A Agency: N/A Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: $600,000.00 Designer’s Estimate: N/A MBE/WBE Participation: N/A Plan Approval Date: N/A Type of Contract: Force Account (Time & Materials) Properties Affected: Chesterfield Village, Inc. Properties Benefiting: Numerous Sachs Properties 16535 N. Outer 40 Rd., Chesterfield, MO 63017 Designed by: District staff The work done under the emergency Contract #10665 consists of the replacement of approximately 200 feet of 24-inch force main. The repair is needed expeditiously to restore sewer service, prevent sewage leakage and prevent pollution to Bonhomme Creek in Chesterfield, Missouri. District staff declared this project an emergency on March 24, 2011. The contractor, Gross Mechanical Constructors, Inc., has been selected per MSD Emergency Declaration Policy. The repair has started and is expected to be complete before April 8, 2011. District staff has taken the appropriate measures to assure the environment is protected and any leaking sewage is captured and property disposed. FUNDING/COST SUMMARY: Budgeted: N/A Budget Year: N/A Amount: N/A Fund Name: #122 – Emergency Fund Additional Comments: An emergency declaration was made on March 24, 2011. The estimated cost includes construction costs of repairs to the force main, utility relocation, geotechnical engineering, engineering, testing, permits and all incidentals. The contractor is encouraged to employ MWBE firms to the extent practical. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A 20 of 4/20/11 AGENDA ITEM NUMBER: 43 – Proposed Ord. No. 133-11 NAME OF PROJECT: Rate Commission Rate Change Review Services LOCATION: Rate Commission TYPE OF PROJECT: Professional Services DEPARTMENT REQUESTING ACTION: Finance REQUESTED ACTION: Why is this action necessary?: To provide Rate Commissioners with the review of technical engineering and economic aspects of the anticipated rate change proposal for District wastewater and stormwater rates. What does action accomplish?: This action authorizes the MSD Rate Commission to enter into one year contract with Raftelis Financial Consultants, Inc, (RFC). This contract will provide technical engineering and economic feasibility review services for the Commission throughout the anticipated upcoming rate change proceedings. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes Consultant: Raftelis Financial Consultants, Inc. 3013 Main Street Kansas City, MO 64108 Agency: N/A Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: $159,000 District’s Estimate: $101,465 MBE/WBE Participation: ECCO Select – 21% participation Plan Approval Date: N/A Type of Contract: Professional Services Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: Rate Commission Budget Budget Year: FY10/FY11 Amount: $158,541 (not to exceed) Fund Name: General Fund Additional Comments: This Ordinance will provide the Rate Commission with rate review technical expertise similar to that provided during the prior rate deliberations in 2007. The Rate Commission is tentatively expected to begin deliberations of a District wastewater and stormwater rate change proposal during the fourth quarter of FY11. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: None 21 of 4/20/11 AGENDA ITEM NUMBER: 44 – Proposed Ord. No. 134-11 NAME OF PROJECT: Rate Commission Organization LOCATION: N/A TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: REQUESTED ACTION: Why is this action necessary?: The Plan of the District requires the Board of Trustees to designate Rate Commission Representative Organizations prior to the expiration of current Rate Commission Representative Organization terms. What does action accomplish?: Identifies the Rate Commission Organizations. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Consultant: N/A Agency: N/A Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: N/A District’s Estimate: N/A MBE/WBE Participation: N/A Plan Approval Date: N/A Type of Contract: N/A Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: N/A Budget Year: N/A Amount: N/A Fund Name: N/A Additional Comments: The following organization has been selected to fill the vacant six-year term, which began February 1, 2007. The selected organization will join the existing organizations serving on the MSD Rate Commission. Organization Missouri Coalition for the Environment PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 01/18/01 – Ord. No. 10901 – Identified and designated the initial Rate Commission 05/14/04 – Ord. No. 11734 – Identified and designated the Rate Commission Organizations 01/16/05 – Ord. No. 11924 – Identified and designated the Rate Commission Organizations 11/13/08 – Ord. No. 12759 – Identified and designated the Rate Commission Organizations 06/11/09 – Ord. No. 12895 – Identified and designated the Rate Commission Organizations 12/10/10 – Ord. No. 13182 – Identified and designated the Rate Commission Organizations 22 of 4/20/11 AGENDA ITEM NUMBER: 45 – Proposed Ord. No. 135-11 NAME OF PROJECT: Update Feasibility Study to Support Debt Financing LOCATION: District-wide TYPE OF PROJECT: Financial/Engineering DEPARTMENT REQUESTING ACTION: Secretary-Treasurer REQUESTED ACTION: Why is this action necessary?: In order for the District to market any type of debt it is important to update the feasibility study to give assurance that a debt issue can be successfully repaid. What does action accomplish?: This ordinance authorizes a contract with Black & Veatch to update the 2008 feasibility studies to support a debt issuance by the District scheduled for later in 2011. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes Consultant: Black & Veatch Agency: N/A Number of Bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: $50,000.00 District’s Estimate: $45,000.00 MBE/WBE Participation: Plan Approval Date: N/A Type of Contract: N/A Properties Affected: N/A Properties Benefitting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: General Fund Secretary–Treasurer Budget Year: 2010-11 Amount: $50,000, (not to exceed) Additional Comments: A requirement for certain underwritings of a municipal debt issue is the completion of a feasibility study that would assure either the bond or note holders that the District has the appropriate resources and ability to handle the project and ultimately repay the debt. In 2011, the District, because of the existing work performed for the rate modeling of the next phase of the capital program, is recommending that the firm Black & Veatch be used. This Ordinance authorizes a contract with Black & Veatch to update the 2008 feasibility study and appropriates monies from the Secretary-Treasurer's budget for this contract. The $50,000 fee for updating the study is consistent with the pricing included as part of the 2006 proposal. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 08/14/2008 - Ord. No. 12721 - Amount $45,000 –Black & Veatch Feasibility Study to Support 2008A Revenue Bond Issue 08/31/2006 - Ord. No. 12290 - Amount $46,000 –Black & Veatch Feasibility Study to Support 2006C Revenue Bond Issue 10/09/2003 - Ord. No. 11612 - Amount:$70,000–Black & Veatch Feasibility Study to Support 2004A Revenue Bond Issue 05/23/1984 - Ord. Nos. 5631& 5632 - Amount: $26,000 – Black & Veatch Feasibility Study to support 1984 Revenue Bond Issue 06/08/1977 - Ord. Nos. 3255 & 3256 - Amount: $17,800 – Havens & Emerson Feasibility Study to Support Fee- Fee acquisition Bond Issue. 23 of 4/20/11 AGENDA ITEM NUMBER: 45 – Resolution No. 2969 NAME OF PROJECT: Capital Improvement and Replacement Program LOCATION: District wide TYPE OF PROJECT: Capital projects DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: To declare the District’s FY2012 Capital Improvement & Replacement Program is necessary for implementing the planning, design, and construction of wastewater and stormwater projects throughout its boundaries. What does action accomplish?: Authorizes the staff to hold the required public hearing on the FY2012 Capital Improvement & Replacement Program in accordance with Section 7.130 of the District’s Plan. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Consultant: N/A Agency: N/A Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: N/A Designer’s Estimate: N/A MBE/WBE Participation: N/A Plan Approval Date: N/A Type of Contract: N/A Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A This resolution will authorize the District to hold a public hearing on its Capital Improvement & Replacement Program for fiscal year 2011-2012. This enables staff to present the list of projects, the nature of the needed improvements, the estimated probable costs and method of payments, and provides for the public hearing where citizens will have the opportunity to comment on the proposed program. The public hearing is scheduled for Thursday, May 5, 2011 at 7:00 p.m. at the District’s main office at 2350 Market Street, St. Louis, Missouri 63103. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012 Amount: N/A Fund Name: N/A Additional Comments: N/A PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A