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HomeMy Public PortalAbout1501st Board Agenda 6-9-2011 A G E N D A 1501st MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT June 9, 2011 – 3:00 P.M. MSD OFFICES 2350 MARKET STREET ROOM 109 ROLL CALL THE BOARD OF TRUSTEES WILL BE IN CLOSED SESSION BETWEEN 3:00 P.M. AND 5:00 P.M. 1 CLOSED SESSION TO DISCUSS LEGAL, CONFIDENTIAL OR PRIVILEGED MATTERS UNDER §610.021(1), RSMO 1988 SUPP. 2 APPROVAL OF JOURNAL OF PRECEDING MEETINGS May 12, 2011 (1500th) 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 9 CONSENT AGENDA – Item Nos. 10 through 39 2 of 6/09/11 Ordinances 10 Adoption of proposed Ord. No. 137-11 appropriating $740,000.00 from the Sanitary Replacement Fund to be used for project costs for sewer separation in the CSO – Macklind Outfall L-062 Separation (10159), in the City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with MB Mitchell, LLC for the aforesaid sewer separation. (Intro. 5/12/11) 11 Adoption of proposed Ord. No. 138-11 appropriating $138,000.00 from the Operation, Maintenance and Construction Improvement Fund of Coldwater Creek to be used for project costs for creekbank stabilization in Thunderbird Drive Bank Stabilization (10201), 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 R.V. Wagner, Inc. for the aforesaid creekbank stabilization. (Intro. 5/12/11) 12 Adoption of proposed Ord. No. 139-11 appropriating $580,000.00 from the Operation, Maintenance and Construction Improvement Fund of Maline Creek to be used for project costs for the construction of storm sewers in Lada Avenue Storm Sewer (10287) 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 Essex Contracting, Inc. for the aforesaid storm sewer construction. (Intro. 5/12/11) 13 Adoption of proposed Ord. No. 140-11 appropriating $1,000,000.00 from the Sanitary Replacement Fund to be used for project costs for the rehabilitation of sanitary sewers in Glendale Section D Sanitary Relief Phase II (SKME-624) (I/I Reduction) (10457) in the City of Glendale, 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 aforesaid rehabilitation. (Intro. 5/12/11) 14 Adoption of proposed Ord. No. 141-11 appropriating $370,000.00 from the Sanitary Replacement Fund to be used for project costs for Power Supply Improvements at Various Sanitary Pump Stations Phase III (10364) in the Cities of Olivette, Fenton, and the City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with R.V. Wagner, Inc. for the aforesaid construction. (Intro. 5/12/11) 15 Adoption of proposed Ord. No. 142-11 appropriating $3,300,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of sanitary relief sewers in Valley Sanitary Relief (SKME-014) Phase II (10147) in the Cities of Ballwin, Chesterfield, and Clarkson Valley, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Kolb Grading, Inc. for the aforesaid construction. (Intro. 5/12/11) 16 Adoption of proposed Ord. No. 143-11 appropriating $2,400,000.00 from the Sanitary Replacement Fund to be used for project costs for sanitary and storm sewer construction in CSO - McKnight Rd SE of Hwy 40 CSO Interceptor (I-292)/Outfall (10141), in the Cities of Brentwood, Ladue and Richmond Heights, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Fred M. Luth & Sons, Inc. for the aforesaid construction. (Intro. 5/12/11) 3 of 6/09/11 17 Adoption of proposed Ord. No. 144-11 appropriating $168,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of storm sewers in Arlee & Hoffmeister Storm Sewer (10389) 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 Fred M. Luth & Sons, Inc. for the aforesaid construction. (Intro. 5/12/11) 18 Adoption of proposed Ord. No. 145-11 appropriating $134,000.00 from the Operation, Maintenance and Construction Improvement Fund of Deer Creek to be used for creekbank stabilization for Fielding Road #10 Channel Improvements (10602), in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Landesign, LLC for the aforesaid creekbank stabilization. (Intro. 5/12/11) 19 Adoption of proposed Ord. No. 146-11 appropriating $260,000.00 from the Operation, Maintenance and Construction Improvement Fund of Coldwater Creek to be used for project costs for the construction of storm sewers in Lindscott Storm Sewer (10307), in the City of St. John, 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 aforesaid storm sewer construction. (Intro. 5/12/11) 20 Adoption of proposed Ord. No. 147-11 appropriating $580,000.00 from the Operation, Maintenance and Construction Improvement Fund of Black Creek to be used for creek-bank stabilization in Normton Drive Bank Stabilization (10200), in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Wehmeyer Farms, Inc. for the construction of the aforesaid creekbank stabilization. (Intro. 5/12/11) 21 Adoption of proposed Ord. No. 148-11 appropriating $515,000.00 from the Operation, Maintenance and Construction Improvement Fund of Black Creek to be used for project costs for creekbank stabilization for Wenneker - Treebrook Lane Storm Channel (10228), in the City of Ladue, 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 construction of the aforesaid storm sewers. (Intro. 5/12/11) 22 Adoption of proposed Ord. No. 149-11 appropriating $320,000.00 from the Operation, Maintenance and Construction Improvement Fund of Deer Creek and $10,000.00 from the Stormwater Facilities Fund for stormwater planning services for General Services Agreement - Stormwater Planning (FY2011) (10624) and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10409 with Parsons Water & Infrastructure, Inc. for the aforesaid stormwater planning services. (Intro. 5/12/11) 23 Adoption of proposed Ord. No. 150-11 to extend the boundaries of The Metropolitan St. Louis Sewer District to include an area of St. Louis County, which could be efficiently, served by the sewer or drainage facilities of the Metropolitan St. Louis Sewer District. (Intro. 5/12/11) 24 Adoption of proposed Ord. No. 151-11 repealing Ordinance No. 13050, as adopted March 11, 2010, and enacting a new Ordinance in lieu thereof, prescribing the Classification Plan for all employees in the Classified Service of The Metropolitan St. Louis Sewer District, and designating those classifications, which are eligible for payment of overtime compensation. (Intro. 5/12/11) 4 of 6/09/11 25 Adoption of proposed Ord. No. 152-11 repealing Ordinance No. 12690, adopted July 10, 2008 and enacting a new ordinance in lieu thereof, prescribing a Compensation Plan for all Classified and Unclassified positions of The Metropolitan St. Louis Sewer District, except the positions of Executive Director, Secretary-Treasurer and Internal Auditor. (Intro. 5/12/11) 26 Adoption of proposed Ord. No. 153-11 awarding a contract to F.M. Global Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District’s Primary Property, Boiler and Machinery Insurance Coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 27 Adoption of proposed Ord. No. 154-11 awarding a contract to F.M. Global Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District’s Excess Flood & Earth Movement Insurance coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 28 Adoption of proposed Ord. No. 155-11 authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to execute all documents necessary in order to procure flood insurance from the National Flood Insurance Program (Federal Emergency Management Agency) during the period of July 1, 2011 to June 30, 2012, for the buildings and contents at certain specified District locations. (Intro. 5/12/11) 29 Adoption of proposed Ord. No. 156-11 awarding a contract to Federal (Chubb) Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District’s Fiduciary Liability Insurance from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 30 Adoption of proposed Ord. No. 157-11 awarding a contract to Federal (Chubb) Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District’s Commercial Crime Insurance coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 31 Adoption of proposed Ord. No. 158-11 awarding a contract to Missouri Underground Storage Tank Insurance Fund for the District’s Underground Storage Tank Insurance coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 32 Adoption of proposed Ord. No. 159-11 awarding a contract to Zurich (Steadfast) Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agents) for the District’s Major Facility Pollution Liability Insurance from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 33 Adoption of proposed Ord. No. 160-11 awarding a contract to Zurich (Steadfast) Insurance Company (McGriff, Seibels & Williams of Missouri, Inc., agent) for the District's Blocked Main and Overcharged Sewer Line Backup Insurance coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 34 Adoption of proposed Ord. No. 161-11 awarding a contract to Travelers Insurance Companies (McGriff, Seibels & Williams of Missouri, Inc., agent) for the District’s Auto Liability Insurance Program coverage from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 35 Adoption of proposed Ord. No. 162-11 awarding a contract to RLI Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District’s Contractors Equipment (Inland Marine) Insurance Program from July 1, 2011 to June 30, 2012. (Intro. 5/12/11) 5 of 6/09/11 36 Adoption of proposed Ord. No. 163-11 repealing and superseding Ordinance No. 13213 adopted February 10, 2011, and making appropriations in for the current expenses of the District in the General Fund, the Water Backup Insurance & Reimbursement Fund, the Improvement Fund, the Sanitary Replacement Fund, the Stormwater Operations, Maintenance and Construction Improvement Funds, the Emergency Funds, the Debt Service Funds, and the Wastewater Revenue Bond Service Funds for the fiscal year beginning July 1, 2011 and ending June 30, 2012, amounting in the aggregate $208,253,663 to pay interest falling due on bonds issued, the costs of support, operation, and maintenance of the District and its various Subdistricts, and emergencies. (Intro. 5/12/11) 37 Adoption of proposed Ord. No. 164-11 determining the amount of taxes which shall be levied, assessed, and collected in the year 2011 on all taxable tangible property in the District within the corporate limits of the City of St. Louis and St. Louis County, respectively, and in Subdistricts within the corporate limits of St. Louis County as follows: Coldwater Creek Trunk Subdistrict, Gravois Creek Trunk Subdistrict, Maline Creek Trunk Subdistrict, Watkins Creek Trunk Subdistrict, Subdistrict No. 88 (Fountain Creek), Subdistrict No. 89 (Loretta-Joplin), Subdistrict No. 342 (Clayton-Central), Subdistrict No. 366 (University City Branch of River des Peres Stormwater Subdistrict), Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), Subdistrict No. 369 (Sugar Creek), Subdistrict No. 448 (Missouri River - Bonfils), Subdistrict No. 449 (Meramec River Basin - M.S.D. Southwest), Subdistrict No. 453 (Shrewsbury Branch of River des Peres), Subdistrict No. 454 (Seminary Branch of River des Peres), Subdistrict No. 455 (Black Creek), Subdistrict No. 1 of the River des Peres Watershed (Creve Coeur-Frontenac Area), Subdistrict No. 4 of the River des Peres Watershed (North Affton Area) and Subdistrict No. 7 of the River des Peres Watershed (Wellston Area). (Intro. 5/12/11) 38 Adoption of proposed Ord. No. 165-11 authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Cardinal Point Partners, LLC, whereby Cardinal Point Partners, LLC will provide federal legislative services for the District. (Intro. 5/12/11) Plan Approval 39 Elton Pump Station (P-307) Elimination (10591) This project, located north of Gravois Road and West of River Des Peres Boulevard in unincorporated St. Louis County and the City of St. Louis, is to construct a gravity sewer and eliminate a pump station. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $353,000. UNFINISHED BUSINESS Ordinances None Resolutions None 6 of 6/09/11 New Business Agenda Item Number Name Page Number Ordinances 40 – Proposed Ord. No. 166-11 Coldwater Sanitary Relief Section B, C & D 9 Wet Weather Storage Facility Tank A (10434) Introduction of proposed Ord. No. 166-11 appropriating $10,600,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of sanitary sewers in Coldwater Sanitary Relief Section B, C & D Wet Weather Storage Facility Tank A (10434) in the City of St. Ann, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Goodwin Brothers Construction Co., Inc. for the aforesaid construction. 41 – Proposed Ord. No. 167-11 Infrastructure Repairs 11 (Sanitary/Combined FY2012) (10663) Introduction of proposed Ord. No. 167-11 appropriating $1,000,000.00 from the Sanitary Replacement Fund for Infrastructure Repairs (Sanitary/Combined - FY2012) (10663) in the City of St. Louis and St. Louis County, Missouri. 42 – Proposed Ord. No. 168-11 Coldwater Wet Weather Storage Facility 12 Tank A (Engineering Construction Services) (E-1055-10 & 10434) Introduction of proposed Ord. No. 168-11 appropriating $300,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of Coldwater Wet Weather Storage Facility Tank A (Engineering Construction Services) (10434), in the City of St. Ann Missouri, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 10 to Contract E-1055 with Crawford Murphy & Tilly, Inc., Inc. for the aforesaid construction. 43 – Proposed Ord. No. 169-11 Watershed Facility Planning (FY2012) 14 (E-1216-8 & 10230) Introduction of proposed Ord. No. 169-11 transferring $5,000,000.00 from the Sanitary Replacement Fund to the General Fund; making a supplemental appropriation of $5,000,000.00 from the General Fund for additional engineering services for planning functions in Watershed Facility Planning (FY2012) (10230); and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 8 to Contract E-1216 with Jacobs Engineering Group, Inc. for the aforesaid engineering services. 7 of 6/09/11 Agenda Item Number Name Page Number 44 – Proposed Ord. No. 170-11 Authorization for Execution of 16 a Federal Consent Decree Introduction of proposed Ord. No. 170-11 authorizing the Executive Director and General Counsel and on behalf of The Metropolitan St. Louis Sewer District to execute a federal consent decree with the United States of America, acting at the request and on behalf of the United States Environmental Protection Agency (“EPA”), and the Missouri Coalition for the Environment (the “Coalition”) to settle all alleged claims by the Plaintiffs in the lawsuit titled United States of America, The State of Missouri, and Missouri Coalition for the Environment Foundation v. The Metropolitan St. Louis Sewer District and requiring improvements in the District’s separate and combined sewer system and wastewater treatment plants. 45 – Proposed Ord. No. 171-11 Brightwell Sanitary Relief 19 (SKME-213) (10447) Introduction and adoption of proposed Ord. No. 171-11 appropriating $2,300,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of sanitary sewers in Brightwell Sanitary Relief (SKME-213) (10447), 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 Gershenson Const. Co., Inc. for the aforesaid sanitary sewer construction. Resolutions 46 Adoption of Resolution No. 2975 expressing the Board of Trustees’ appreciation to Melvin Archie for his 27 years of exemplary service to The Metropolitan St. Louis Sewer District from May 21, 1984, to his retirement effective June 1, 2011. 47 Adoption of Resolution No. 2976 expressing the Board of Trustees’ appreciation to Gary D. Tate for his 25 years of exemplary service to The Metropolitan St. Louis Sewer District from February 10, 1986, to his retirement effective June 1, 2011. 48 Adoption of Resolution No. 2977 expressing the Board of Trustees’ appreciation to Paul G. Molkenbur for his 30 years of exemplary service to The Metropolitan St. Louis Sewer District from October 30, 1980, to his retirement effective June 1, 2011. 49 Adoption of Resolution No. 2978 whereas Joseph F. Krispin has faithfully served as a member of the Civil Service Commission of The Metropolitan St. Louis Sewer District from January 23, 2003 to May 11, 2011. 50 ITEMS PROPOSED FOR INTRODUCTION & ADOPTION AT THE NEXT BOARD MEETING 51 ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD 8 of 6/09/11 Agenda Item Number Name Page Number 52 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). 53 ADJOURNMENT 9 of 6/09/11 AGENDA ITEM NUMBER: 40 – Proposed Ord. No. 166-11 NAME OF PROJECT: Coldwater Sanitary Relief Section B, C & D Wet Weather Storage Facility Tank A (10434) LOCATION: South of Interstate 70 and east of Cypress Road in the City of St. Ann, Missouri TYPE OF PROJECT: Sanitary 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: Goodwin Brothers Const. Co. Previous District Contract: Yes 1766 Highway 61 South Crystal City, MO 63019 Consultant: N/A Agency: N/A Number of bidders: 6 Low Bid: $9,285,000.00 High Bid: $10,364,000.00 Appropriation Amount: $10,600,000.00 Designer’s Estimate: $12,300,000.00 MBE/WBE Participation: 15.75% Riley Illinois – 3.78% - MBE B & P Construction – 0.16% - MBE Kendall’s Hauling – 0.29% - MBE Schrimpf Landscaping – 0.79% - WBE Bill Davidson Hauling – 0.18% - MBE Commercial Bathwares – 0% ($30)WBE Bumpy’s Steel Erection – 6.01% - MBE K.A. Pazdera – 0.37% - WBE Supplied Industrial Solutions – 1.90% - MBE Weaver Steel – 2.16% - WBE Jarman Excavating & Hauling – 0.08% - MBE Sidney Insulation – 0.03% - WBE Plan Approval Date: March 10, 2011 Type of Contract: Lump Sum Properties Affected: 12 Properties Benefiting: 55,000 Designed by: Crawford Murphy & Tilly Inc. The work to be done under Contract #10651 consists of the construction of a 180 foot diameter storage tank having a 6 million gallon capacity, control building, pump station, diversion structure, and odor control system. The purpose of this project is to alleviate overloaded sanitary sewers. This project will eliminate one (1) SSO (BP-538) and future elimination of five (5) SSOs within the Coldwater Creek Watershed upon completion of several other sewer projects in conjunction with Storage Tank A. This project is scheduled to be completed in 500 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 46 Amount: $15,000,000 Fund Name: #660 – Sanitary Replacement Fund Additional Comments: This appropriation includes an additional contingency of $600,000 for secondary electric feed from AmerenUE and $100,000 for utility relocation. Contracted planning resources utilized: Watershed Facility Planning, Separate Sewer Area I/I Assessment, Separate Sewer Area Flow Metering & Monitoring, Modeling, CCTV Inspection, Radar Rainfall Data, and General Services Surveying. 10 of 6/09/11 PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/11/03 – Ord. No. 11589 – Amount: $2,000,000 – Crawford Murphy & Tilly Inc. – Pre-design Contract No. E-1055 09/11/08 – Ord. No. 12724 – Amount: $3,650,000 – Coldwater Sanitary Relief Section B, C & D (Land Acquisition) – Contract No. 2003083 03/12/09 – Ord. No. 12832 – Amount: $1,000,000 – Crawford Murphy & Tilly Inc. – Design Contract No. E-1055 – Amendment No. 9 06/10/10 – Ord. No. 13079 – Amount: $600,000 – Coldwater Wet Weather Storage Facility Tank A (Site Preloading) – Construction Contract No. 2003083C 11 of 6/09/11 AGENDA ITEM NUMBER: 41 – Proposed Ord. No. 167-11 NAME OF PROJECT: Infrastructure Repairs (Sanitary/Combined – FY2012) (10663) LOCATION: Various locations throughout the District TYPE OF PROJECT: Repair and replacement of manholes, sewers, and other infrastructure (017.0 Work Order Repair Costs) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates funds for small infrastructure repair projects to be bid through Purchasing What does action accomplish?: Implements a CIP project 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: $1,000,000.00 Designer’s Estimate: N/A MBE/WBE Participation: As appropriate for individual projects Plan Approval Date: N/A Type of Contract: N/A Properties Affected: N/A Properties Benefiting: N/A Designed by: District staff The work to be done consists of the repair/replacement and construction of manholes, sewers, and other infrastructure as identified by the Operations and Engineering departments at various locations throughout the District. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 58 Amount: $1,000,000 Fund Name: #660 – Sanitary Replacement Fund Additional Comments: This appropriation is to continue implementation of the small repair program. As projects are identified, contractors will be hired by the rules of the purchasing ordinance. Staff will regularly notify the Board of Trustees of the status of the appropriation. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 04/20/11 – Res. No. 2969 – Presenting the list of proposed expenditures that included this project for the Capital Improvement and Replacement Program as a result of the Program Planning efforts. 12 of 6/09/11 AGENDA ITEM NUMBER: 42 – Proposed Ord. No. 168-11 NAME OF PROJECT: Coldwater Wet Weather Storage Facility Tank A (Engineering Construction Services) (E-1055-10 & 10434) LOCATION: South of Interstate 70 and east of Cypress Road in the City of St. Ann, Missouri TYPE OF PROJECT: Design of a pump station and storage tank (011.4 Engineering During Construction Services) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Appropriates additional funds and authorizes staff to amend a design contract What does action accomplish?: Provides additional funds for Engineering Construction Phase Services of a CIP project SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes Consultant: Crawford Murphy & Tilly Inc. One Memorial Drive, Suite 500 St. Louis, MO 63102 Agency: N/A Number of Proposers: N/A Appropriation Amount: $300,000.00 Designer’s Estimate: N/A MBE/WBE Participation: 43.43% (32.10% for total project) David Mason & Associates, Inc. – 16.66% - MBE (This amendment only) ERM Technologies, Inc. – 23.88% - MBE (This amendment only) Tech Service, Inc. – 2.89% - MBE (This amendment only) Plan Approval Date: N/A Type of Contract: Cost Plus Fixed Fee Properties Affected: Approximately 11 Properties Benefiting: Approximately 55,000 Designed by: N/A The work to be done under Contract #10671 authorizes the District to enter into Amendment No. 10 with Crawford Murphy & Tilly Inc. This supplemental appropriation will provide necessary funds for the engineering construction phase services for a pump station, storage tank, diversion structures, control building, and appurtenances. The construction cost estimate is $12,300,000. The funds required for engineering construction phase services is $350,000. There is $116,894.00 currently remaining in the contract appropriation for the Design that will be used for this project and to complete outstanding system planning work. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 22 Amount: $350,000 Fund Name: #660 – Sanitary Replacement Fund Additional Comments: Contracted planning resources utilized: Watershed Facility Planning, Separate Sewer Area I/I Assessment, Separate Sewer Area Flow Metering & Monitoring, Modeling, CCTV Inspection, Radar Rainfall Data, and General Services Surveying. 13 of 6/09/11 PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 05/08/08 – Res. No. 2780 – Approving a list of proposed expenditures that included this project for the Capital Improvement and Replacement Program as a result of the Program Planning efforts. 09/11/03 – Ord. No. 11589 – Amount: $2,000,000 – Crawford Murphy & Tilly Inc. – Pre-design Contract No. E-1055 09/11/08 – Ord. No. 12724 – Amount: $3,650,000 – Coldwater Sanitary Relief Section B, C & D (Land Acquisition) – Contract No. 2003083 03/12/09 – Ord. No. 12832 – Amount: $1,000,000 – Crawford Murphy & Tilly Inc. – Design Contract No. E-1055 – Amendment No. 9 06/10/10 – Ord. No. 13079 – Amount: $600,000 – Coldwater Wet Weather Storage Facility Tank A (Site Preloading) – Construction Contract No. 2003083C 14 of 6/09/11 AGENDA ITEM NUMBER: 43 – Proposed Ord. No. 169-11 NAME OF PROJECT: Watershed Facility Planning (FY2012) (E-1216-8 & 10230) LOCATION: District-wide TYPE OF PROJECT: Planning (016.1 Professional Services) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Transfers funds, appropriates additional funds and authorizes staff to amend an existing contract What does action accomplish?: Implements operational plan to augment District staff in providing planning services for the CIRP SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes Consultant: Jacobs Engineering Group Inc. 501 No. Broadway St. Louis, MO 63102 Corporate Headquarters: Pasadena, CA Agency: N/A Number of proposers N/A Appropriation Amount: $5,000,000.00* Designer’s Estimate: N/A *(See Funding/Cost Summary) MBE/WBE Participation: 23.00% (28.93% for total project) ABNA Engineering, Inc. – 9.92% – MBE (This amendment only) PMA Engineering – 6.00% – WBE (This amendment only) Civil Design, Inc. – 3.40% - WBE (This amendment only) Losli Engineering, LLC – 3.68% – WBE (This Amendment only) Plan Approval Date: N/A Type of Contract: Cost Plus Fixed Fee Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A The work to be done under Contract #10404 authorizes the District to enter into Amendment No. 8 with Jacobs Engineering Group Inc. The purpose of the contract is to provide the necessary planning staff of 83 individuals (22.2 FTEs) to support the District’s planning staff to maintain the District’s planning program for the following services: · Combined Sewer Overflow (CSO) Program 1. Complete FY2011 Nine Minimum Control update report 2. Provide responses to regulatory review comments on the updated Long Term Control Plan report 3. Provide support for green infrastructure planning or design 15 of 6/09/11 · Sanitary Sewer Overflow (SSO) Program 1. Complete 12 preliminary study reports 2. Continue to support HYDRA modeling for 5 watershed models 3. Assist in the management and analysis of 70 I/I reports 4. Assist in CCTV evaluation and GIS mapping. 5. Continue to assist in development of watershed plans for Coldwater Creek, Deer Creek, Maline Creek, Gravois Creek, University City, Fishpot Creek, Kiefer Creek, Grand Glaize Creek, Mattese Creek, Martigney Creek, Mackenzie Creek, Creve Coeur Creek, and Bonfils watersheds; Spanish Lake, Watkins Creek, Fee Fee Creek, Caulks Creek, and Fenton Creek watersheds; Missouri River sub-areas, Bissell sub-areas, and Lower Meramec sub-areas 6. Provide support for Cityshed planning 7. Finalize capital improvement plans for seven (7) Wastewater Treatment Plants · Continue providing resources and support to address regulatory requests and eleven (11) other smaller technical tasks. Resources may be adjusted as required by program needs. This is the first option year of a four-year contract program with two option years. Current planned appropriation for final option year is $5,100,000.00. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 38 Amount: $5,000,000 Fund Name: #660 – Sanitary Replacement Fund (Board action includes a transfer of $5,000,000 from #660 – Sanitary Replacement Fund to #101 – General Fund before appropriation to comply with new GASB accounting requirements.) Additional Comments: The watershed planning with a consultant is proposed to continue with the program through the first of two option years, FY2012 and FY2013. The early planning and investigations provide the basis for design and construction that will occur many years into the future. In addition, regulatory issues are constantly changing. Therefore, the planning consultant will provide expertise and resources to assist the District to meet the regulatory challenges. With the planning consultant and the District coordinating their efforts, the program can continue to be developed with solid, factual, and thorough engineering foundation to assure cost-effective and accurate solutions to the health and safety issues facing the community. Additional funds for planning services are identified in the FY2012-2013 CIRP. Prior Watershed Facility Planning accomplishments include: Issued to the EPA: CSO Long Term Control Plan and 2011 revision, calibration and verification of the Lemay and Bissell Point Hydraulic models, water quality report, water quality modeling report, ten (10) CSO Nine Minimum Control annual update reports, SSO control work plan and two (2) 308 responses for the CSO and SSO program; participated in regulatory mediation sessions; utilized 37 Jacobs’ personnel and 46 subconsultant personnel resulting in 28 FTEs during the past year; completed 317 preliminary studies; provided resources to assist with I-64 reconstruction coordination of Betterments and conflicts; provided 116 technical reviews and participated in 446 planning meetings for preliminary design and design projects; reviewed and categorized over 4.7 million feet of CCTV video tape; conducted CSO alternatives workshop and level one screening of CSO alternatives; participated in 6 Stakeholder Advisory Committee meetings and provided support for 14 Open Houses for the CSO LTCP; conducted a green infrastructure workshop, conducted five Service Area Pre-Alternative SSO Control Plan review workshops, assisted with vendor management of two I/I consultants, two CCTV vendors, and one radar rainfall vendor; continued to update and revise a technical Memorandum Manual outlining watershed planning procedures; assisted in establishing the Sharepoint collaboration website; drafted 18 Best Management Practices; and provided various support in 38 areas of technical expertise. Contracted planning resources utilized: Combine Sewer Area I/I Assessment, Separate Sewer Area I/I Assessment, Combine Sewer Area Flow Metering & Monitoring, Separate Sewer Area Flow Metering & Monitoring, Modeling, CCTV Inspection, Radar Rainfall Data, and General Services Surveying. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 5/08/08 – Res. No. 2780 – Approving a list of proposed expenditures that included this project for the Capital Improvement and Replacement Program as a result of the Program Planning efforts. 09/12/07 – Ord. No. 12502 – Amount: $6,600,000 – Jacobs Engineering Group Inc. – Original Contract No. E-1216 09/11/08 – Ord. No. 12742 – Amount: $5,700,000 – Jacobs Eng. Group Inc. – Contract No. E-1216 – Amendment No. 2 07/09/09 – Ord. No. 12914 – Amount: $5,800,000 – Jacobs Eng. Group Inc. – Contract No. E-1216 – Amendment No. 4 07/08/10 – Ord. No. 13112 – Amount: $6,200,000 – Jacobs Eng. Group inc. – Contract No. E-1216 – Amendment No. 6 16 of 6/09/11 AGENDA ITEM NUMBER: 44 – Proposed Ord. No. 170-11 NAME OF PROJECT: Authorization for execution of a federal consent decree with the United States of America, acting at the request and on behalf of the United States Environmental Protection Agency (“EPA”), and the Missouri Coalition for the Environment (the “Coalition”) to settle all alleged claims by the Plaintiffs and requiring improvements in the District’s separate and combined sewer system and wastewater treatment plants. LOCATION: The entire Metropolitan St. Louis Sewer District service area TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: General Counsel REQUESTED ACTION: Why is this action necessary?: To resolve claims made in the legal action filed against the District by the United States, the State of Missouri, by the authority of the Missouri Attorney General, acting at the request and on behalf of the Missouri Department of Natural Resources (“MDNR”), and the Coalition for alleged violations of the Clean Water Act. What does action accomplish?: Board authorization will allow the District to execute a consent decree with the United States and the Coalition for the Environment, which will settle alleged violations of the Clean Water Act made by the Plaintiffs and provide a schedule for implementation of various system improvements and programs. 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: Federal Consent Decree Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A The United States of America and the State of Missouri filed a civil action against the District on June 11, 2007 that alleged the District had been in violation of the Clean Water Act by discharging untreated sewage from its collection system through combined sewer overflows and constructed sanitary sewer overflows. The Plaintiffs also made allegations that the District was in violation of conditions established in the National Pollutant Discharge Elimination System (“NPDES”) permits issued to MSD by MDNR. The Coalition intervened in this action in 2007. All of the parties to the action have engaged in extensive mediation of the matters at issue in settlement of all allegations made by the Plaintiffs in this action. The representatives of the District, the United States, and the Coalition have negotiated the terms and language of the Consent Decree which would resolve all allegations of the Complaints. The Consent Decree will still need to be approved by the appropriate officials of the Parties. The State of Missouri has decided, after joining the action as a Plaintiff and participating in the extensive mediation in cooperation with the Plaintiff’s for almost four years, not to sign the Consent Decree. 17 of 6/09/11 Major federal consent decree components: 1. The Consent Decree will have an implementation schedule of 23 years from the date of approval by the State of Missouri of the CSO Long Term Control Plan, which addresses sewer overflows and other issues in the combined sanitary sewer system. For the work in the sanitary and combined collection system and in the wastewater treatment plants, the District estimates its cost of complying with the Consent Decree at $4.7 billion in 2011 dollars. 2. Early Elimination Projects - Requires the completion of sanitary sewer projects that will allow for the elimination of 50 specific constructed Sanitary Sewer Overflow (“SSO”) Outfalls within the sanitary sewer system by December 31, 2012. 3. SSO Master Plan – Requires the submission of an SSO Master Plan that includes an extensive SSES (Sewer System Evaluation Survey), Hydraulic Modeling, and Capacity Analysis of the Sanitary Sewer System. The Master Plan will identify Remedial Measures and Elimination Projects aimed at removing all constructed SSO Outfalls, known SSOs, WWTP bypassing within the Sanitary Sewer System, and reducing reoccurring Building Backups. MSD must submit this plan no later than December 31, 2013. 4. Remedial Measures – Requires the completion of the Remedial Measures and Elimination projects identified in the SSO Master Plan in accordance with the schedule provided therein, which includes the removal of 85% of the constructed SSO Outfalls, and the goals of eliminating all other known SSOs by no later than December 31, 2023, and all remaining constructed SSO Outfalls by December 31, 2033. 5. CMOM Program – Requires the District continue its development and implementation of a CMOM Program (Capacity, Management, Operations, and Maintenance) that includes detailed performance goals for the prioritization, cleaning, inspection, and rehabilitation of the entire sewer system. Program also includes continued implementation of MSD FOG (Fat’s Oils, and Grease) Program, the development and implementation of Private Inflow and Infiltration Reduction Program, Building Backup Response Plan, and a Non-Capacity Related SSO Response Plan. The CMOM Program is aimed at preventing overflows and building backups from the system. 6. Cityshed Mitigation Program – Requires the commitment of a regular annual program to mitigate the effects of wet weather surcharging and overland flooding of the combined sewer system (Citysheds), with an anticipated expenditure of $230 Million over the life of the consent decree. 7. Combined Sewer Overflow (CSO) Long Term Control Plan (LTCP) – Requires the construction and implementation of CSO Control Measures in accordance with the requirements and schedule set forth in the approved CSO LTCP and consent decree. On June 1, 2011, the State of Missouri approved Chapter 11 "Selected Plan", Chapter 12 "Green Infrastructure Program", and Appendix Q "MSD's Green Infrastructure Program" of the Metropolitan St. Louis Sewer District's Combined Sewer Overflow Long-Term Control Plan Update Report, dated February 2011. The projects in the LTCP will be completed 23 years after the LTCP approval by the State of Missouri. 8. CSO Post Construction Monitoring Program – Upon completion of CSO Control Measures, requires the implementation of a Post Construction Monitoring Program to validate performance of CSO Control Measures as set forth in the approved CSO LTCP and CD. 9. CSO Green Infrastructure Program – As part of the approved CSO LTCP, this program includes the commitment of $100 Million to implement a Green Infrastructure Program that will include a five-year pilot program, which will be aimed at using green infrastructure to reduce combined sewer overflow volumes in the combined sewer areas in both St. Louis City and St. Louis County and impact the CSO overflows into the Mississippi River. 10. Consent Decree Reporting – Requires significant and continuous detailed reporting and transparency on all activities identified above, as well as reporting on progress in achieving the overall goals of the consent decree in eliminating and reducing sewer system overflows within the District. The annual reports will be made available on the MSD website. 11. Supplemental Environmental Project (SEP) – To offset civil penalties, the District will spend $1.6 million dollars for a SEP program in which the District will implement a Sewer Connection & Septic Tank Closure Program for low- income residents. This program will include 1) the installation of a sewer service line (i.e. lateral) and public sewer line if needed to the homes of participating property owners, removal as needed of their septic tank from operation and 2) the replacement, rehabilitation, or repair as necessary of private lateral lines. MSD must complete the SEP within five years of the effective date of the consent decree. 18 of 6/09/11 12. Civil penalty – Within 30 days of the effective date of the consent decree, the District will be liable to pay the United States $1,200,000.00 as a civil penalty in this action. This penalty is consistent with public entities of similar size to the District that have begun the process of addressing POTW overflow issues but have not yet completed the program. 13. Stipulated Penalties – The District will be subject to liability to the United States for stipulated penalties if the District fails to meet certain specified requirements outlined in the consent decree. 14. Coalition for the Environment – In settlement of the Coalition’s claim for costs of litigation, including attorneys’ fees, the District will be required to pay $116,050.00 to be used to fund projects at the River des Peres Coalition as determined by joint agreement between MSD and the River des Peres Coalition and to provide engineering and science support at the Interdisciplinary Environmental Clinic. The consent decree also will require the District to provide a copy of various documents and reports to the Coalition. FUNDING/COST SUMMARY: Budgeted: Budget Year: Amount: $ Fund Name: Additional Comments: PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/11/03 – Ord. No. 11594 – Legal contract with Lathrop & Gage, L.C. 09/14/06 – Ord. No. 12297 – Legal contract with Shook, Hardy & Bacon LLP 08/09/07 – Ord. No. 12492 – Legal contract with Shook, Hardy & Bacon LLP 07/10/08 – Ord. No. 12702 – Contract for a mediator with JAMS mediator, Michael K. Lewis, Esq. 19 of 6/09/11 AGENDA ITEM NUMBER: 45 – Proposed Ord. No. 171-11 NAME OF PROJECT: Brightwell Sanitary Relief (SKME-213) (10447) LOCATION: North of St. Joseph Street and west of N. New Florissant Road in the City of Florissant, Missouri TYPE OF PROJECT: Sanitary 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: Gershenson Const. Co., Inc. Previous District Contract: Yes #2 Truitt Drive Eureka, MO 63025 Consultant: N/A Agency: N/A Number of bidders: 2 Low Bid: $2,158,673.00 High Bid: $2,193,725.00 Appropriation Amount: $2,300,000.00 Designer’s Estimate: $2,647,000.00 MBE/WBE Participation: 20.62% Supplied Industrial Solutions – 5.07% - MBE J & J Boring – 15.55% - WBE Plan Approval Date: April 20, 2011 Type of Contract: Unit Cost Properties Affected: 55 Properties Benefiting: 760 Designed by: Burns & McDonnell Engineering Co. Inc. The work to be done under Contract #10654 consists of the construction of approximately 5,600 lineal feet of pipe sewers varying in size from 6-inches to 27-inches in diameter and appurtenances. The purpose of this project is to alleviate basement backups and overcharged sanitary sewers. This project will eliminate one (1) SSO. This project is scheduled to be completed in 560 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 43 Amount: $2,647,000 Fund Name: #660 – Sanitary Replacement Fund Additional Comments: Staff is requesting introduction and adoption of this ordinance to meet anticipated regulatory deadlines for the removal of a SSO. The project had to be re-bid due to irregularities in the original public bid opening. Contracted planning resources utilized: Watershed Facility Planning, Separate Sewer Area I/I Assessment, Separate Sewer Area Flow Metering & Monitoring, Modeling, CCTV Inspection, and Radar Rainfall Data. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 01/12/06 – Ord. No. 12145 – Amount: $324,000 – Burns & McDonnell Eng. Co., Inc. – Design Contract No. E-1163