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HomeMy Public PortalAbout1504th Board Agenda 8-11-2011REVISED PAGES 7 & 20 8/8/11 A G E N D A 1504th MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT August 11, 2011 – 5:00 P.M. MSD OFFICES 2350 MARKET STREET ROOM 109 ROLL CALL 1 CLOSED SESSION TO DISCUSS LEGAL, CONFIDENTIAL OR PRIVILEGED MATTERS UNDER §610.021(1), RSMO 1988 SUPP. 2 APPROVAL OF JOURNAL OF PRECEDING MEETINGS June 29, 2011 (1502nd) July 14, 2011 (1503rd) 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 26 2 of 8/11/11 Ordinances 10 Adoption of proposed Ord. No. 13279 appropriating $2,000,000.00 from the Sanitary Replacement Fund to be used for costs associated with the acquisition of necessary property rights from Easement Acquisition for Combined/Sanitary Projects (FY2012) (10585) throughout the entire District. (Intro. 7/14/11) 11 Adoption of proposed Ord. No. 13280 appropriating $290,000.00 from the Sanitary Replacement Fund to be used for project costs for pump station improvements at Elton Pump Station (P-307) Elimination (10591) in Unincorporated St. Louis County 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 J.H. Berra Construction Co., Inc. for the aforesaid construction. (Intro. 7/14/11) 12 Adoption of proposed Ord. No. 13281 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10678 with M3 Engineering Group, P.C. for CSO Volume Reduction – Green Infrastructure (Pilot Program) (11048) for engineering services, including design, geotechnical investigation, planting plan, and other engineering services. (Intro. 7/14/11) 13 Adoption of proposed Ord. No. 13282 transferring $4,000,000.00 from the Sanitary Replacement Fund #660 to the #101 General Fund and making a supplemental appropriation of $4,000,000.00 for additional engineering services for Combined Sewer Area - Inflow/Infiltration Assessment (FY2012) (10232); and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 4 to Contract E-1215 with RJN Group, Inc. for the aforesaid additional engineering services. (Intro. 7/14/11) 14 Adoption of proposed Ord. No. 13283 transferring $25,000.00 from the Improvement Fund to the General Fund, and $75,000.00 from the Improvement Fund to the Sanitary Replacement Fund, appropriating $25,000.00 from the General Fund, and $75,000.00 from the Sanitary Replacement Fund to be used for the General Services Agreement - Construction Management (FY2012) (10612) throughout the District, authorizing the Director of Finance to make transfers between the #101 General Fund and the #660 Sanitary Replacement Fund to accommodate the appropriate accounting, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10679 with ABNA Engineering, Inc. for General Services Agreement - Construction Management (FY2012) (10612) for geotechnical services at various locations throughout the District. (Intro. 7/14/11) 15 Adoption of proposed Ord. No. 13284 t transferring $5,000.00 from the Improvement Fund to the General Fund, and $45,000.00 from the Improvement Fund to the Sanitary Replacement Fund, appropriating $5,000.00 from the General Fund, and $45,000.00 from the Sanitary Replacement Fund to be used for the General Services Agreement - Geotechnical (FY2012) Contract A (10613) throughout the District, authorizing the Director of Finance to make transfers between the #101 General Fund and the #660 Sanitary Replacement Fund to accommodate the appropriate accounting, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10680 with Shannon & Wilson Inc. for General Services Agreement - Geotechnical (FY2012) Contract A (10613) for geotechnical services at various locations throughout the District. (Intro. 7/14/11) 3 of 8/11/11 16 Adoption of proposed Ord. No. 13285 transferring $5,000.00 from the Improvement Fund to the General Fund, and $45,000.00 from the Improvement Fund to the Sanitary Replacement Fund, appropriating $5,000.00 from the General Fund, and $45,000.00 from the Sanitary Replacement Fund to be used for the General Services Agreement - Geotechnical (FY2012) Contract B (10614) throughout the District, authorizing the Director of Finance to make transfers between the #101 General Fund and the #660 Sanitary Replacement Fund to accommodate the appropriate accounting, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10681 with Geotechnology Inc. for General Services Agreement - Geotechnical (FY2012) Contract B (10614) for geotechnical services at various locations throughout the District. (Intro. 7/14/11) 17 Adoption of proposed Ord. No. 13286 transferring $5,000.00 from the Improvement Fund to the General Fund, and $45,000.00 from the Improvement Fund to the Sanitary Replacement Fund, appropriating $5,000.00 from the General Fund, and $45,000.00 from the Sanitary Replacement Fund to be used for the General Services Agreement - Geotechnical (FY2012) Contract C (10615) throughout the District, authorizing the Director of Finance to make transfers between the #101 General Fund and the #660 Sanitary Replacement Fund to accommodate the appropriate accounting, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10682 with Hanson Professional Services, Inc. for General Services Agreement - Geotechnical (FY2012) Contract C (10615) for geotechnical services at various locations throughout the District. (Intro. 7/14/11) 18 Adoption of proposed Ord. No. 13287 transferring $1,500,000.00 from the Sanitary Replacement Fund #660 to the #101 General Fund and making a supplemental appropriation of $1,500,000.00 for additional engineering services for Separate Sewer Area - Inflow/Infiltration Assessment (FY2012) (10231); and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 4 to Contract E-1214 with Woolpert Consultants, Inc. for the aforesaid additional engineering services. (Intro. 7/14/11) 19 Adoption of proposed Ord. No. 13288 amending Ordinance No. 13181 to modify The Metropolitan St. Louis Sewer District Pension Plan as requested by the Internal Revenue Service with respect to vesting in the event of Plan termination. (Intro. 7/14/11) 20 Adoption of proposed Ord. No. 13289 authorizing $100,000.00 from the General Fund of the District for professional consulting services for Fleet Assessment Consulting Services, and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Mercury Associates, Inc. for said professional consulting services. (Intro. 7/14/11) 21 Adoption of proposed Ord. No. 13290 authorizing the Chairman of the Board of Trustees on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Deloitte & Touche, LLP, whereby Deloitte & Touche, LLP will provide Internal Audit Services during the period of August, 2011 through August, 2012. (Intro. 7/14/11) 22 Adoption of proposed Ord. No. 13291 a authorizing the Chairman of the Board of Trustees on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Brown, Smith, Wallace, LLC, whereby Brown, Smith, Wallace, LLC will provide Internal Audit Services during the period of August, 2011 through August, 2012. (Intro. 7/14/11) 4 of 8/11/11 23 Adoption of proposed Ord. No. 13292 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a General Services Agreement with O. R. Colan Associates, Inc. whereby O. R. Colan Associates, Inc. will provide professional acquisition and relocation services for certain parcels of real property which are negatively impacted by flooding, erosion, or related sewer or stormwater issues, as well as provide professional services for the conveyance of certain properties that have been or will be declared surplus by the Metropolitan St. Louis Sewer District. (Intro. 7/14/11) 24 Adoption of proposed Ord. No. 13293 repealing Ordinance No. 12837 adopted March 12, 2009 and enacting a new ordinance in lieu thereof prescribing the salary of the Secretary-Treasurer of The Metropolitan St. Louis Sewer District. (Intro. 7/14/11) 25 Adoption of proposed Ord. No. 13294 repealing Ordinance No. 12793 adopted December 11, 2008 and enacting a new ordinance in lieu thereof prescribing the salary of the Executive Director of The Metropolitan St. Louis Sewer District. (Intro. 7/14/11) Plan Approval 26 Baumgartner & Black Forest Sanitary Replacement Phase I (10066) This project, located east and south of Baumgartner Road and west of Telegraph Road in Unincorporated St. Louis County, Missouri, is to alleviate sanitary backups, overflowing manholes and overcharged sanitary sewers during wet weather events. This project is in the Fiscal Year 2012 Budget and the estimated construction cost is $1,864,000. UNFINISHED BUSINESS Ordinances None Resolutions None 5 of 8/11/11 New Business Agenda Item Number Name Page Number Ordinances 27 – Proposed Ord. No. 13299 Stream Flow Gauge Operation (USGS) 9 (FY2012) (M-561 & 10766) Introduction of proposed Ord. No. 13299 transferring $550,000.00 from the Improvement Fund to the General Fund, and appropriating $550,000.00 from the General Fund of the District for the operation and maintenance of stream flow gauges in Stream Flow Gauge Operation (USGS) (FY2012) (10766); and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to extend Agreement M-561 with the United States Department of the Interior (U.S. Geological Survey) for the aforesaid services. 28 – Proposed Ord. No. 13300 Stream Flow Water Quality Sampling 11 (FY2012) (10768) Introduction of proposed Ord. No. 13300 transferring $600,000.00 from the Improvement Fund to the General Fund, and appropriating $455,000.00 from the General Fund of the District to continue the operation and maintenance of water quality sampling and analysis in Stream Flow Water Quality Sampling (FY2012) (10768); and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 1 to Contract 10534 with the Geosyntec Consultants, Inc. for the aforesaid services. 29 – Proposed Ord. No. 13301 Grand Glaize WWTP Bridge Repairs (11084) 12 Introduction of proposed Ord. No. 13301 appropriating $99,000.00 from the Sanitary Replacement Fund to be used for project costs for Grand Glaize WWTP Bridge Repairs (11084) in the City of Valley Park, 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. 30 – Proposed Ord. No. 13302 Springdale Lateral Sanitary Relief 14 (SKME-305) (10759) Introduction of proposed Ord. No. 13302 appropriating $130,000.00 from the Sanitary Replacement Fund to be used for project costs for the construction of sanitary sewers in Springdale Lateral Sanitary Relief (SKME-305) (10759), in the Village of Bel Ridge, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with XL Contracting, Inc. for the aforesaid sanitary sewer construction. 6 of 8/11/11 Agenda Item Number Name Page Number 31 – Proposed Ord. No. 13303 Weaver Avenue #7761 - #7767 Flood 15 Mitigation (11102) Introduction of proposed Ord. No. 13303 appropriating $1,000,000.00 from the Black Creek OMCI Fund for the acquisition, demolition and related activities of real property for flood mitigation purposes and for the Weaver Avenue #7761 - #7767 Flood Mitigation (11102) in the City of Maplewood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to acquire, demolish, and perform related activities for real property necessary for the above project. 32 – Proposed Ord. No. 13304 Stormwater Rate Legal Services 16 Introduction of proposed Ord. No. 13304 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP, whereby Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP will provide legal consulting services pertaining to stormwater rate issues. 33 – Proposed Ord. No. 13305 Environmental Legal Services 17 Shook, Hardy & Bacon LLP Introduction of proposed Ord. No. 13305 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Shook, Hardy & Bacon LLP, whereby Shook, Hardy & Bacon LLP will provide legal consulting services in the area of Environmental Law. 34 – Proposed Ord. No. 13306 Metropolitan St. Louis Sewer District 18 Compensation Study Introduction of proposed Ord. No. 13306 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Fox Lawson & Associates for a compensation study of Schedules “A” Administrative and Technical, “B” Labor and Trades, and “C” Management. 35 – Proposed Ord. No. 13307 Conflict of Interest Policy 19 Introduction of proposed Ord. No. 13307 repealing Ordinance No. 12957 as adopted September 10, 2009, and enacting a new ordinance in lieu thereof, establishing a Conflict of Interest Policy for District trustees, officers and employees. 7 of 8/11/11 REVISED 8/8/11 Agenda Item Number Name Page Number 36 – Proposed Ord. No. 13308 Plaintiff’s Counsel’s Legal Fees and Costs 20 Associated with Zweig et. al v MSD Introduction and adoption of proposed Ord. No. 13308 authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an escrow agreement with Greensfelder, Hemker & Gale, P.C. (GHG) and UMB Bank, N.A. (Escrow Agent) to deposit approximately $4,833,828.28 into escrow pursuant to the escrow agreement. Payment includes Plaintiff's Counsel's legal fees and expenses and post-judgment interest awarded in William D. Zweig, et al vs. MSD, with an emergency clause. Resolutions 37 Adoption of Resolution No. 2985 transferring unencumbered fund balances totaling 22 $3,800,000.00 from the General Fund with $1,800,000.00 to the Water Backup Fund and $2,000,000.00 to the Sanitary Replacement Fund; and transferring unencumbered appropriated balances totaling 5,568,000.00 between departments and funds with $383,000.00 to the General Fund and $5,185,000.00 to the Water Backup Fund. 38 Adoption of Resolution No. 2986 whereas The Metropolitan St. Louis Sewer District 25 has established an Employee Pension Plan in accordance with provision of the District's Plan, Section 3.020, paragraph 22, and through the enactment of Ordinance No. 4641 as amended which provides for the pensioning and other retirement benefits of employees of the Metropolitan St. Louis Sewer District and spouses and minor children of deceased employees, and provides for the payment of public funds for such purposes, in accordance with the Missouri Constitution of 1945, as amended, and the Missouri Statutes enacted authorizing said Pension Plan, and the Plan of The Metropolitan St. Louis Sewer District. 39 Adoption of Resolution No. 2987 whereas Section 9.3 of the Pension Plan of The 26 Metropolitan St. Louis Sewer District provides that the Board of Trustees of the District, may from time to time, appoint one or more investment managers to act on behalf of any Trustee or Trustees of the Pension Plan with respect to all or a specified portion of the assets of the Pension Fund held by said Trustee. 40 Adoption of Resolution No. 2984 expressing the Board of Trustees’ appreciation to Steven E. Brown for his 10 years of exemplary service to The Metropolitan St. Louis Sewer District from November 27, 2000, to his retirement effective August 1, 2011. 41 ITEMS PROPOSED FOR INTRODUCTION & ADOPTION AT THE NEXT BOARD MEETING 42 ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD 8 of 8/11/11 Agenda Item Number Name Page Number 43 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). 44 ADJOURNMENT 9 of 8/11/11 AGENDA ITEM NUMBER: 27 – Proposed Ord. No. 13299 NAME OF PROJECT: Stream Flow Gauge Operation (USGS) (FY2012) (M-561 & 10766) LOCATION: District-wide TYPE OF PROJECT: Stream Flow Monitoring (016.2 Vendor Services) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Transfers dollars between funds, appropriates additional funds, and authorizes staff to enter into an agreement. What does action accomplish?: Continues partnership with USGS for collection of flow data necessary for SSO, CSO and stormwater programs, and the Phase II Stormwater Regulation program. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Consultant: N/A Agency: U. S. Geological Survey Missouri Water Science Center 1400 Independence Rd., MS100 Rolla, MO 65401 Number of bidders: N/A Low Bid: N/A High Bid: N/A Appropriation Amount: $550,000.00 District’s Estimate: N/A MBE/WBE Participation: N/A Plan Approval Date: N/A Type of Contract: Lump Sum Fee Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A The work to be done under Contract #10422 is to continue to collect stream gauging information in 25 watersheds. For FY2012, the USGS will continue the operation and maintenance of the existing network of 36 stream gauging stations in 25 watersheds within the District’s area. Stream stage (water surface) and rainfall amounts will be collected with stream discharges (flow rates) determined for each gauging station. Stream stage will be measured and recorded at 5-minute intervals and transmitted via satellite to the USGS and automatically downloaded into a database. Stage and discharge values will be displayed in a real-time fashion on the USGS public web page. In addition, data reports or evaluations are provided by the USGS as an extension of staff, as requested for use by the District. The data will be used to more reliable flood peak estimates for use in hydrologic and hydraulic models or calculations at project locations within a drainage basin. Stream gauging information and flood peak estimates are used for the District’s CSO LTCP, water quality modeling, stormwater, and watershed planning and design of projects in area streams, creeks and tributaries. The data and calculation methods are typically used for projects such as: Water quality, streambank stabilization; storm sewer and channel sizing; stream geomorphic assessments and stability; flood proofing and buyout evaluations; review and validation of private development projects (subdivisions, culvert, and bridge replacements); floodplain study evaluations; flooding complaint evaluations; Phase II Stormwater program; Operations support; legal lawsuit defense and support; and Stormwater and Watershed Facilities planning. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 36 Amount: $550,000 10 of 8/11/11 Fund Name: #4102 – Improvement Fund (Board action includes a transfer of $550,000 from #4102 – Improvement Fund to #1101 – General Fund before appropriation to comply with new GASB accounting requirements.) Additional Comments: The appropriation for Stream Flow Gauging will be equal to the proposed funding presented in the CIP Budget Supplement. Stream Flow gauge data and reports for the Mississippi, Missouri, and Meramec Rivers are also available for use by the District for monitoring flood heights and flow. The total cost for stream flow gauging is $706,200.00 with the District contributing $550,000 and the USGS contributing $156,200 in matching services for this program. The USGS is maintaining program cost levels to the same as FY2011, thereby keeping the costs of the program level for this year. Additional funds for stream flow gauging are identified in future CIRPs. Contracted planning resources utilized: Watershed Facility Planning, Combine Sewer Area Flow Metering & Monitoring, Separate Sewer Area Flow Metering & Monitoring, Modeling, and Radar Rainfall Data. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 4/20/11 – Res. No. 2969 – 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. 04/18/96 – Ord. No. 9840 – Amount: $200,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey 03/13/97 – Ord. No. 10056 – Amount: $650,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey 09/10/98 – Ord. No. 10431 – Amount: $415,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey 10/14/99 – Ord. No. 10644 – Amount: $450,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey 10/12/00 – Ord. No. 10830 – Amount: $450,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey 09/13/01 – Ord. No. 11053 – Amount: $500,000 – USGS Stream Gauging and Water Quality – U.S. Geological Survey – Agreement M-561 – Contract Extension 12/13/01 – Ord. No. 11137 – Amount: $90,380 – Deer Creek Stream Flow and Water Quality Study – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/03/02 – Ord. No. 11340 – Amount: $608,125 – USGS Stream Gauging and Water Quality – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/09/03 – Ord. No. 11603 – Amount: $700,000 – USGS Stream Flow Gauge Operations & Maintenance – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/14/04 – Ord. No. 11858 – Amount: $735,000 – USGS Stream Flow Gauge Operations & Maintenance – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/13/05 – Ord. No. 12095 – Amount: $800,000 – Stream Flow Gauge Operations & Maintenance – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/12/06 – Ord. No. 12323 – Amount: $850,000 – Stream Flow Gauge Operations & Maintenance – U.S. Geological Survey – Agreement M-561 – Contract Extension 10/11/07 – Ord. No. 12524 – Amount: $500,000 – Stream Flow Gauge Operation & Maintenance – U.S. Geological Survey – Agreement M-561 – Contract Extension 09/11/08 – Ord. No. 12728 – Amount: $575,000 – Stream Flow Gauge Operation – U.S. Geological Survey – Agreement M-561 – Contract Extension 09/10/09 – Ord. No. 12953 – Amount: $550,000 – Stream Flow Gauge Operation – U.S. Geological Survey – Agreement M-561 – Contract Extension 09/16/10 – Ord. No. 13132 – Amount: $550,000 – Stream Flow Gauge Operation – U.S. Geological Survey – Agreement M-561 – Contract Extension 11 of 8/11/11 AGENDA ITEM NUMBER: 28 – Proposed Ord. No. 13300 NAME OF PROJECT: Stream Flow Water Quality Sampling (FY2012) (10768) LOCATION: District-wide TYPE OF PROJECT: Water Quality Sampling and Analysis (016.2 Vendor Services) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary? : Transfers dollars between funds, appropriates additional funds, and authorizes staff to amend a contract. What does action accomplish? : The stream water quality sampling and analysis will be used to document improvements in water quality from the implementation of MSD’s SSO, CSO and Phase II Storm Water projects. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: Yes Consultant: Geosyntec Consultants, Inc. 1123 Wilkes Blvd., Suite 400 Columbia, MO 65201 Agency: N/A Number of proposes: N/A Appropriation Amount: $455,000.00 Designer’s Estimate: N/A MBE/WBE Participation: 20.0% ABNA Engineering, Inc – 4.0% - MBE Applied Environmental Solutions – 16.0% - MBE Plan Approval Date: N/A Type of Contract: Lump Sum Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A The work to be done under Contract #10534 is to perform water quality sampling and analysis on several streams and rivers within the District’s jurisdiction. The samples are analyzed for numerous pollutants to determine the water quality health of streams relative to MDNR water quality standards and the Clean Water Act. The District will use the analysis to determine what projects and/or best management practices are necessary to meet the required water quality standards. The water quality data will be used to monitor changes in water quality due to implementation of SSO, CSO and Phase II Storm Water projects. The contract will consist of the following components:  Prepare a Water Quality Monitoring Plan and a Quality Assurance Project Plan for EPA approval as required in the Federal Consent Decree  Sample six small streams twelve times for a total of 72 sampling events  Sample nine sites on the Missouri and Mississippi Rivers ten times for a total of 90 sampling events  Measure stream flow during sampling events  Perform laboratory analysis including nutrients, bacteria and other pollutants on all samples  Validate water quality data and submit within six weeks of sample collection, prepare monthly progress reports and issue an annual report within 2 months of final sampling event.  Prepare quarterly and annual water quality reports with statistical analysis and interpretation of data  Prepare up to six water quality data reports  Provide water quality regulatory support services 12 of 8/11/11 Water quality monitoring is required by the EPA/MDNR to demonstrate compliance with water quality standards as part of the District’s CSO Long Term Control Plan and Federal Consent Decree. The water quality monitoring will be for a duration of three years with this vendor. The contract is for one year with an option to renew two additional years based on performance and Board approval. This will be the second year of the three year contract but the amount has increased because of the anticipated requirements in the Federal Consent Decree. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 37 Amount: $600,000 Fund Name: #4102 – Improvement Fund (Board action includes a transfer of $600,000 from #4102 – Improvement Fund to #1101 – General Fund before appropriation of $455,000 to comply with new GASB accounting requirements.) Additional Comments: Included in the appropriation is a cost of $20,000 to prepare a Water Quality Monitoring Plan and a Quality Assurance Project Plan for EPA approval as required in the Federal Consent Decree. Contracted planning resources utilized: Watershed Facility Planning and Radar Rainfall Data. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 4/20/11 – Res. No. 2969 – 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. *11/10/10 – Ord. No. 13155 – Amount: $425,000 – Stream Flow Water Quality Sampling – Geosyntec Consultants, Inc. – Contract No. 10534 *The Stream Flow Gauge Operation & Maintenance program was split into two separate programs: Stream Flow Water Quality Sampling and Stream Flow Gauge Operation in 2007. 13 of 8/11/11 AGENDA ITEM NUMBER: 29 – Proposed Ord. No. 13301 NAME OF PROJECT: Grand Glaize WWTP Bridge Repairs (11084) LOCATION: North of Marshall Road and east of Highway 141 in the City of Valley Park, Missouri TYPE OF PROJECT: Wastewater Treatment Plant 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: R.V. Wagner, Inc. Previous District Contract: Yes 4712 Green Park Road St. Louis, MO 63123 Consultant: N/A Agency: N/A Number of bidders: 2 Low Bid: $89,500.00 High Bid: $98,900.00 Appropriation Amount: $99,000.00 Designer’s Estimate: $73,000.00 MBE/WBE Participation: 11.26% - BAM Construction – MBE Plan Approval Date: June 9, 2011 Type of Contract: Lump Sum Properties Affected: 1 Properties Benefiting: 1 Designed by: District staff The work to be done under Contract #10676 consists of replacing the expansion joints and bearing pads for the bridge structure. The purpose of this project is to repair the bridge structure at the access to the Grand Glaize Wastewater Treatment Plant. This project is scheduled to be completed in 90 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 56 Amount: $66,000 Fund Name: #6660 – Sanitary Replacement Fund Additional Comments: None. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/11/08 – Ord. No. 12736 – GSA – Sewer and Process Design – Horner & Shifrin, Inc. – Design Contract No. E-1237 14 of 8/11/11 AGENDA ITEM NUMBER: 30 – Proposed Ord. No. 13302 NAME OF PROJECT: Springdale Lateral Sanitary Relief (SKME-305) (10759) LOCATION: North of Natural Bridge Road and east of Interstate 170 in the Village of Bel Ridge, 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: XL Contracting, Inc. Previous District Contract: Yes 20 Mid Rivers Trade Court, Suite 100 St. Peters, MO 63376 Consultant: N/A Agency: N/A Number of bidders: 10 Low Bid: $98,313.00 High Bid: $173,530.00 Appropriation Amount: $130,000.00 Designer’s Estimate: $140,000.00 MBE/WBE Participation: 100.00% Midwest Turf – 3.99% - WBE J.D. Kutter – 1.42% - WBE XL Contracting, Inc. – 94.59% - MBE Plan Approval Date: July 14, 2011 Type of Contract: Unit Cost Properties Affected: 11 Properties Benefiting: 23 Designed by: District staff The work to be done under Contract #10677 consists of the construction of approximately 709 lineal feet of 12-inch diameter pipe sewers and appurtenances. The purpose of this project is to alleviate building backups and overcharged sanitary sewers. This project will eliminate one SSO. This project is scheduled to be completed in 120 days. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 66 Amount: $220,000 Fund Name: #6660 – Sanitary Replacement Fund Additional Comments: An additional contingency of $20,000 is included in the appropriation 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, and Radar Rainfall Data. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A 15 of 8/11/11 AGENDA ITEM NUMBER: 31 – Proposed Ord. No. 13303 NAME OF PROJECT: Weaver Avenue #7761 - #7767 Flood Mitigation (11102) LOCATION: Weaver Avenue east of Laclede Station in the city of Maplewood TYPE OF PROJECT: Property acquisition, demolition, and related activities of real property for flood mitigation purposes (013.2 Land Purchase) DEPARTMENT REQUESTING ACTION: Engineering REQUESTED ACTION: Why is this action necessary?: Authorizes the District to acquire properties and appropriates funds related to the purchase, demolition, and related activities What does action accomplish?: Purchase of property will allow improvements of the area for flood mitigation purpose 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 District’s Estimate: N/A MBE/WBE Participation: N/A Plan Approval Date: N/A Type of Contract: N/A Properties Affected: 4 Properties Benefiting: 4 Designed by: N/A The work to be done under this contract consists of a voluntary buyout/acquisition of four (4) properties in the 7700 block of Weaver Avenue, in the City of Maplewood, to allow the removal of improvements and relocate residents in this area that is prone to flooding due to inadequate drainage. The cost associated with relieving the drainage issues and the associated street flooding outweighed the estimated cost to remove all the improvements and relocate the residents of the four properties. The effort will include the demolition of approximately four structures and securing the site. Since this is a voluntary buyout, owners will be given compensation for the value of their property and the expenses related to the transaction, but will not be given additional compensation for replacement housing under the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The District will contract for the demolition, asbestos removal, and final restoration of the site and structures under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. FUNDING/COST SUMMARY: Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 113 Amount: $1,000,000.00 Fund Name: #5594 – Black Creek OMCI Fund Additional Comments: None PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A 16 of 8/11/11 AGENDA ITEM NUMBER: 32 – Proposed Ord. No. 13304 NAME OF PROJECT: Stormwater Rate Legal Services LOCATION: N/A TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: General Counsel REQUESTED ACTION: Why is this action necessary?: To secure specialized legal consulting services in the area of Stormwater Rate Issues. What does action accomplish?: Authorizes contract for said legal services. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Consultant: Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP One US Bank, 24th Floor St. Louis, MO 63101 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: Professional Services Properties Affected: N/A Properties Benefiting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: General Counsel Budget Year: FY2011/2012 Amount: N/A Fund Name: N/A Additional Comments: Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP is uniquely qualified in the continuing representation of the District in rate issues including Hancock Law. The case of Zweig, et al vs. MSD was filed in 2008 and is currently on appeal with the Missouri Court of Appeals. It is possible that this case may be eventually appealed to the Missouri Supreme Court for final decision or remanded to the trial court by either the Court of Appeals or the Supreme Court for additional litigation. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 11/10/2010 - Resolution No. 2947 - Option to Renew Legal Services Contract 08/14/2008 - Ordinance No. 12723 - Legal Consulting Services Contract 17 of 8/11/11 AGENDA ITEM NUMBER: 33 – Proposed Ord. No. 13305 NAME OF PROJECT: Environmental Legal Services – Shook, Hardy & Bacon LLP LOCATION: N/A TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: General Counsel REQUESTED ACTION: Why is this action necessary?: To secure specialized legal consulting services in the area of Environmental Law. What does action accomplish?: Authorizes contract for said legal services. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Consultant: Shook, Hardy & Bacon LLP 1200 Main Street Kansas City, MO 64105 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: Professional Services Properties Affected: N/A Properties Benefitting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: General Counsel Budget Year: 2011-2012 Amount: N/A Fund Name: N/A Additional Comments: Shook, Hardy & Bacon LLP is uniquely qualified in the continuing representation of the District. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/16/2010 - Resolution No. 2929 - Option to Renew Legal Services Contract 08/09/2007 - Ordinance No. 12492 - Legal Services Consulting Contract 09/14/2006 - Ordinance No. 12297 - Legal Services Consulting Contract 18 of 8/11/11 AGENDA ITEM NUMBER: 34 – Proposed Ord. No.13306 NAME OF PROJECT: Metropolitan St. Louis Sewer District Compensation Study LOCATION: District Wide TYPE OF PROJECT: Compensation Study DEPARTMENT REQUESTING ACTION: Human Resources Department REQUESTED ACTION: Why is this action necessary?: The last compensation study was performed in year 2000. This new study will determine if the District has a competitive salary / wage structures and a pay for performance administrative system. What does action accomplish?: Study will ensure that compensation is (1) competitive with other organizations for comparable qualifications and responsibilities; and (2) an incentive for each employee to achieve annual objectives and increase his / her value to the District by improving skills. 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 Districts Estimate: N/A MBE/WBE Participation: N/A 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: N/A Budget Year: N/A Amount: $68,000 Fund Name: N/A Additional Comments: We received bids from six companies – CBIZ Human Capital Services, Buck Consultants, Fox Lawson & Associates, Milliman, Inc., The Segal Company, and Evergreen Solutions LLC. The selection panel unanimously selected Fox Lawson & Associates due to its proposed plan, existing database, and personnel. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 1/6/00 – Ordinance No. 10684, Schedule “A” 12/14/99 – Ordinance No. 10869, Schedule “B” and “C” 19 of 8/11/11 AGENDA ITEM NUMBER: 35 – Proposed Ord. No. 13307 NAME OF PROJECT: Conflict of Interest Policy LOCATION: N/A TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: REQUESTED ACTION: Why is this action necessary?: The MSD Charter and State Law prohibits MSD trustees, officers, and employees from engaging in conduct which could be perceived as a conflict of interest. What does action accomplish?: Continuation of existing policy prohibiting conflicts of interest for MSD trustees, officers, and employees. 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: NA 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: In 2003, the District enacted its own Conflict of Interest Policy under Ordinance No. 11487. The current action is a slightly revised continuation of said policy. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 09/10/2009 - Ordinance No. 12957 09/12/2007 - Ordinance No. 12507 09/08/2005 - Ordinance No. 12081 05/22/2003 - Ordinance No. 11487 09/09/1999- -Ordinance No. 10624 20 of 8/11/11 REVISED 8/8/11 AGENDA ITEM NUMBER: 36 – Proposed Ord. No. 13308 NAME OF PROJECT: Payment of Plaintiff’s Counsel’s Legal Fess and Post-Judgment Interest Into Escrow LOCATION: N/A TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: General Counsel REQUESTED ACTION: Why is this action necessary?: To authorize the District to enter into an Escrow Agreement with Greensfelder, Hemker & Gale, P.C. (GHG) and UMB Bank, N.A. (Escrow Agent). What does action accomplish?: Authorizes the District to enter into an Escrow Agreement with Greensfelder Hemker & Gale, P.C. (GHG) and UMB Bank, N.A. (Escrow Agent) to deposit the Attorney Fees award and post-judgment interest into an escrow account on the terms and conditions contained in the Escrow Agreement 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 Benefitting: N/A Designed by: N/A FUNDING/COST SUMMARY: Budgeted: N/A Budget Year: 2011-2012 Amount: N/A Fund Name: N/A Additional Comments: Greensfelder Hemker & Gale, P.C. (GHG) represents the plaintiffs in a class action case filed in the Circuit Court of St. Louis County against MSD styled Zweig, et al. v. The Metropolitan St. Louis Sewer District, Cause No. 08SL-CC03051, alleging that MSD’s Stormwater User Charge based on impervious area violated Article X, Section 22 of the Missouri Constitution, also known as the Hancock Amendment, and seeking injunctive and declaratory relief, a refund of the amounts paid by MSD’s customers (the proposed class) and attorneys’ fees and costs under Section 23 of the Hancock Amendment (“Lawsuit”). The Lawsuit was tried in three phases, the first being whether MSD’s Stormwater User Charge violated the Hancock Amendment, the second being whether a class should be certified for a refund and whether the plaintiffs and class were entitled to refund of the amounts paid to MSD under the Stormwater User Charge, and the third being what amount of attorneys’ fees, costs and expenses GHG should be awarded in the Lawsuit. In the first phase, on July 9, 2010, the trial court ruled in favor of the plaintiffs and held that MSD’s Stormwater User Charge violated the Hancock Amendment (“Liability Judgment”). In the second phase, on November 23, 2010, the trial court certified a class and ruled that no refund would be awarded to the class (“Refund Judgment”). In the third phase, on February 3, 2011, the trial court awarded GHG a total of $4,828,828.28 in attorneys’ fees, costs and expenses (“Attorneys’ Fees Award”). MSD has filed notices of appeal in the Missouri Court of Appeals, Eastern District, on the July 9, 2010 Liability Judgment (Appeal No. ED96110) and the February 3, 2011 Attorneys’ Fees Award (Appeal No. ED96393), and the plaintiffs, through GHG, have filed a notice of cross-appeal 21 of 8/11/11 on the November 23, 2010 Refund Judgment (Appeal No. ED96165) (“Appeals”). MSD and GHG dispute whether post- judgment interest accrues on the Attorneys’ Fees Award. In order to avoid further litigation regarding the issue of whether post-judgment interest accrues on the Attorneys’ Fees Award, MSD and GHG have agreed that MSD shall deposit approximately Four Million Eight Hundred Thirty Three Thousand Eight Hundred Twenty-Eight and 28/100 Dollars ($4,833,828.28) in escrow with the Escrow Agent on the terms and conditions contained herein. The initial appropriation of $4,828,828.00 was appropriated in Ordinance No. 13213, adopted February 10, 2011. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 2/10/11 – Ord. No. 13213 – Appropriated initial funding of $4,828,828.00 from District-Wide Stormwater Fund 22 of 8/11/11 AGENDA ITEM NUMBER: 37 – Resolution No. 2985 NAME OF PROJECT: Year-end Budget & Fund Transfers LOCATION: District Wide TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: Finance REQUESTED ACTION: Why is this action necessary?: To utilize unspent appropriations from the operating budget for the Fiscal Year 2010-2011 to cover costs for needed roof repairs and purchase of a portable generator for the Market Street location totaling $383,000 in the General Fund (1101), and transferring $5,185,000 to the Water Backup Insurance & Reimbursement fund (4101) to cover FY 11claims including the June 2011 Rain Event. To transfer available fund balance from the General fund (1101) to the Sanitary Replacement fund (6660) for $2,000,000 to cover additional IR projects and Transfer $1,800.000 to the Water Backup Insurance & Reimbursement fund (4101) to cover claims from the June 2011 Rain Event. What does action accomplish?: To authorize the amendment of the Fiscal Year 2010-2011 budget via the transferring of unencumbered appropriated balances of certain expenditures between Departments within the General Fund (1101) and to the Water Backup Insurance & Reimbursement fund (4101). To authorize the transfer of available fund balance from within the General Fund (1101) to the Sanitary Replacement fund (6660) and Water Backup Insurance & Reimbursement fund (4101). SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: No 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: FY10/11 Amount: N/A Fund Name: General Fund Additional Comments: This resolution transfers unencumbered appropriated balances from various natural account groupings as follows: Secretary Treasurer Contractual Services (54000), Human Resources Personnel Services (51000), Finance’s Personnel Services (51000) and Contractual Services (54000), Information Systems Personnel Services (51000) and Capital Outlay (55000), General Counsel’s Personnel Services (51000) and Contractual Services (54000), Operation’s Personnel Services (51000), Supplies (52000), Utilities (53000) and Contractual Services (54000) and Engineering’s Personnel Services (51000), Supplies (52000) and Contractual Services (54000). See attached detail page for specific dollar amounts. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 06/10/2010 – Resolution No. 2910 – Fiscal Year 2009-2010 Budget Transfer 23 of 8/11/11 The following amounts are available for a transfer of funds: Department Fund Major Account Code Amount Reason Secretary Treasurer 1101 54000 319,000 Human Resources 1101 51000 247,000 Finance 1101 51000 200,000 Finance 1101 54000 236,000 Information Systems 1101 51000 60,000 Information Systems 1101 55000 30,000 General Counsel 1101 51000 81,000 General Counsel 1101 54000 1,973,000 Operations 1101 51000 1,111,000 Operations 1101 52000 237,000 Operations 1101 53000 80,000 Operations 1101 54000 489,000 Engineering 1101 51000 282,000 Engineering 1101 52000 51,000 Engineering 1101 54000 172,000 Total Available for Transfer $5,568,000 The following amounts are additional funds needed: Department Fund Major Account Code Amount Reason Finance 1101 55000 383,000 Needed roof repair and purchase of portable generator for Market Street location. Water Backup Fund 4104 54000 5,185,000 To cover claims from the June 2011 rain event. Total Funds Needed $5,568,000 24 of 8/11/11 The following amounts are available for a transfer of funds: Department Fund Major Account Code Amount Reason General Fund 1101 3,800,000 Total Available for Funds Transfer $3,800,000 The following amounts are additional funds needed: Department Fund Major Account Code Amount Reason Water Backup Fund 4104 1,800,000 To cover claims from the June 2011 rain event. Sanitary Replacement Fund 6660 2,000,000 To cover additional Infrastructure Repair Work. Total Funds Needed $3,800,000 25 of 8/11/11 AGENDA ITEM NUMBER: 38 – Resolution No. 2986 NAME OF PROJECT: Employees’ Pension Plan – Asset Allocation LOCATION: Employees’ Pension Plan TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: Secretary-Treasurer REQUESTED ACTION: Why is this action necessary?: The Board as fiduciaries’ of the Employees’ Pension Plan are acknowledging a change to the asset allocation policy as recommended by the District’s pension investment consultant. What does action accomplish?: This action provides the Board of Trustee acknowledgement to a refinement of the asset allocation policy to add an “Emerging Market Debt (Local Currency)” component for the investments in the Employees’ Pension Plan as recommended by the District’s pension investment consultant, NEPC. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: 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 Benefitting: N/A Designed by: New England Pension Consultants One Main Street Cambridge MA 02142 FUNDING/COST SUMMARY: From Pension Plan Budgeted: N/A Budget Year: FY2011-12 Amount: N/A Fund Name: N/A Additional Comments: N/A PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 02/11/2010 - Resolution 2897 - last revision of the asset allocation policy to include a Real Assets component 26 of 8/11/11 AGENDA ITEM NUMBER: 39 – Resolution No. 2987 NAME OF PROJECT: Employees’ Pension Plan – Investment Manager Authorization LOCATION: Employees’ Pension Plan TYPE OF PROJECT: N/A DEPARTMENT REQUESTING ACTION: Secretary-Treasurer REQUESTED ACTION: Why is this action necessary?: The Board as fiduciaries’ of the Employees’ Pension Plan are acknowledging the addition of Pictet Asset Management Limited as investment manager as recommended by the District’s pension investment consultant. What does action accomplish?: This action provides the Board of Trustee acknowledgement for the addition of Pictet Asset Management Limited as a Emerging Markets Debt (local Currency) investment manager in the Employees’ Pension Plan as recommended by the District’s pension investment consultant, NEPC. SUMMARY EXPLANATION/BACKGROUND: Contractor: N/A Previous District Contract: N/A Agency: 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 Benefitting: N/A Designed by: New England Pension Consultants One Main Street Cambridge MA 02142 FUNDING/COST SUMMARY: From Pension Plan Budgeted: N/A Budget Year: FY2011-12 Amount: N/A Fund Name: N/A Additional Comments: N/A PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 08/11/2011 – Resolution 2986 – Establishes an asst allocation policy mix