HomeMy Public PortalAbout1516th Board Agenda 4-12-2012
A G E N D A
1516th MEETING OF THE BOARD OF TRUSTEES
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
April 12, 2012 – 4:00 P.M.
MSD OFFICES
2350 MARKET STREET
ROOM 109
ROLL CALL
THE BOARD OF TRUSTEES WILL BE IN CLOSED SESSION BETWEEN 4:00 P.M. AND 5:00 P.M.
1 CLOSED SESSION TO DISCUSS LEGAL, CONFIDENTIAL OR PRIVILEGED MATTERS
UNDER §610.021(1), RSMO 1988 SUPP.; LEASING, PURCHASE OR SALE OF REAL ESTATE
UNDER §610.021(2)
2 APPROVAL OF JOURNAL OF PRECEDING MEETINGS March 8, 2012 (1514th)
March 22, 2012 (1515th)
3 COMMENTS BY THE CHAIR
4 REPORT OF BOARD COMMITTEES
5 REPORT OF EXECUTIVE DIRECTOR
6 COMMENTS FROM THE PUBLIC
7 SUBMISSION OF PUBLIC HEARING REPORTS – None
8 COMMUNICATIONS – None
9 CONSENT AGENDA – Item Nos. 10 through 21
2 of 4/12/12
Ordinances
10 Adoption of proposed Ord. No. 13375 appropriating $6,200,000.00 from the Sanitary
Replacement Fund to be used for project costs for wastewater treatment plant construction -
Coldwater Treatment Plant Disinfection Facilities (10558), 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 Kozeny-Wagner, Inc. for the
aforesaid construction. (Intro. 03/08/12)
11 Adoption of proposed Ord. No. 13376 making a supplemental appropriation of $510,000.00 from
the Sanitary Replacement Fund for additional engineering services for the final design of
Coldwater Treatment Plant Disinfection Facilities (E-1186) (10558), and authorizing the Executive
Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter
into Amendment No. 8 of Contract E-1186 with Black & Veatch Corporation, for the aforesaid
additional engineering services. (Intro. 03/08/12)
12 Adoption of proposed Ord. No. 13379 appropriating $2,000,000.00 from the Lower Meramec
River Basin OMCI and authorizing the Executive Director and Secretary-Treasurer to execute an
agreement for a No Interest Loan in the amount of $2,000,000.00 to the City of Valley Park to
provide initial capital for sanitary sewer design and construction in the City of Valley Park,
Peerless Park Sewers (11835). (Intro. 03/08/12)
13 Adoption of proposed Ord. No. 13380 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 for fiscal
year 2013. (Intro. 03/08/12)
14 Adoption of proposed Ord. No. 13381 authorizing the Executive Director and Secretary-Treasurer
on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District to enter into a
contract with RubinBrown, LLP, for an independent audit of the accounting records of the District.
(Intro. 03/08/12)
Plan Approval
15 Clinton St. #1323 Bioretention (CB632) - CSO VR GIPLT (11157)
This project, located west of Interstate 70 and south of St. Louis Avenue in the City of St.
Louis, is to reduce combined sewer overflows into the Mississippi River per the Long Term
Control Plan. This project was funded in the Fiscal Year 2011 Budget and the estimated
construction cost is $234,000.
16 Bond Place Sanitary Sewers (S.D. #2010094) (11067)
This project, located north of Highway 30 and west of Interstate 270 in the City of Sunset
Hills, is to make improvements to the existing sewer system in Subdistrict #2010094 so it
can be accepted as a District asset. This project is in the Fiscal Year 2012 Budget and the
estimated construction cost is $58,000.
3 of 4/12/12
17 Hermitage I/I Reduction (SKME-615) (10645)
This project, located south of Clayton Road and west of Lindbergh Boulevard in the City of
Frontenac, is to alleviate sanitary sewer surcharging and sanitary sewer overflows during
wet weather. This project is in the Fiscal Year 2012 Budget and the estimated
construction cost is $1,343,000.
18 Diamond Head Dr. Storm Sewer (GCUC-110) (10248)
This project, located north of Lindbergh Blvd. and east of Union Road in Unincorporated
St. Louis County, is to prevent further erosion threatening 12 homes on Diamond Head
Rd. and Lois Rd.. This project is in the Fiscal Year 2012 Budget and the estimated
construction cost is $670,000.
19 Argyle #8800 Storm Sewer (10283)
This project, located west of Interstate 170 and south of St. Charles Rock Road in the City
of Overland, is to alleviate basement, yard, and street flooding. This project is in the Fiscal
Year 2012 Budget and the estimated construction cost is $611,000.
20 Fawnvalley Storm Channel Improvements (10192)
This project, located north of Manchester Road and east of Ballas Road in the City of Des
Peres, is to alleviate creek erosion. This project is in the Fiscal Year 2012 Budget and the
estimated construction cost is $945,000.
21 Ruth-Helen-Cecelia Storm Sewer Replacement (10132)
This project, located north of Manchester Road and west of Hanley Road in the City of
Brentwood, is to alleviate inadequate storm sewer capacity, and localized flooding of yards
and streets. This project is in the Fiscal Year 2012 Budget and the estimated construction
cost is $515,000.
UNFINISHED BUSINESS
Ordinances
None
Resolutions
None
4 of 4/12/12
New Business
Agenda Item Number Name Page Number
Ordinances
22– Proposed Ord. No. 13385 Mary Avenue Flood Mitigation (10701) 7
Introduction of proposed Ord. No. 13385 appropriating $500,000.00 from the Operation,
Maintenance and Construction Improvement Fund of Deer Creek for flood mitigation
purposes in Mary Avenue Flood Mitigation (10701) in the City of Brentwood, Missouri;
and authorizing the Executive Director and Secretary-Treasurer on behalf of The
Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement
with the City of Brentwood, Missouri to provide financial assistance for demolition of
structures on flood-prone properties.
23 – Proposed Ord. No. 13386 Infrastructure Repairs (Rehabilitation) 8
(FY2012 Contract B) (11806)
Introduction of proposed Ord. No. 13386 appropriating $1,700,000.00 from the Sanitary
Replacement Fund to be used for project costs for the rehabilitation of sanitary sewers
in Infrastructure Repairs (Rehabilitation) (FY2012 Contract B) (11806) 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
Insituform Technologies USA, LLC for the aforesaid rehabilitation.
24 – Proposed Ord. No. 13387 Meramec and Forest Park Parkway Sanitary 9
Sewer Improvements (10704)
Introduction of proposed Ord. No. 13387 appropriating $180,000.00 from the Operation,
Maintenance and Construction Improvement Fund of Clayton Central to be used for
project costs for the construction of sanitary sewers in Meramec and Forest Park
Parkway Sanitary Sewer Improvements (10704), in the City of Clayton, Missouri; and
authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan
St. Louis Sewer District to enter into a contract with Bates Utility Company for the
construction of the aforesaid sanitary sewers.
25 – Proposed Ord. No. 13388 Missouri River Bonfils Sanitary Sewer 10
Rehabilitation (10708)
Introduction of proposed Ord. No. 13388 appropriating $2,300,000.00 from the Operation,
Maintenance and Construction Improvement Fund of Missouri River Bonfils to be used for
project costs for the rehabilitation of sanitary sewers in Missouri River Bonfils Sanitary
Sewer Rehabilitation (10708), in the Cities of Bridgeton and 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 SAK Construction, LLC, Inc., for the
aforesaid sanitary sewer construction.
5 of 4/12/12
Agenda Item Number Name Page Number
26 – Proposed Ord. No. 13389 I Bond Counsel (Hardwick Law Firm) 11
Introduction of proposed Ord. No. 13389 authorizing the Executive Director and
Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter
into a contract with The Hardwick Law Firm, LLC whereby The Hardwick Law Firm,
LLC will serve as either the Bond Counsel or Disclosure Counsel for the District as
deemed by the District in a transaction by transaction basis.
27 – Proposed Ord. No. 13390 I Bond Counsel (Gilmore & Bell) 12
Introduction of proposed Ord. No. 13390 authorizing the Executive Director and
Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter
into a contract with Gilmore & Bell, P.C., whereby Gilmore & Bell, P.C. will serve as
either the Bond Counsel or Disclosure Counsel for the District as deemed by the
District in a transaction by transaction basis.
28 – Proposed Ord. No. 13391 I Bond Counsel (White Coleman) 13
Introduction of proposed Ord. No. 13391 authorizing the Executive Director and
Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter
into a contract with White Coleman & Associates, LLC whereby White Coleman &
Associates, LLC will serve as either the Bond Counsel or Disclosure Counsel for
the District as deemed by the District in a transaction by transaction basis.
29 – Proposed Ord. No. 13392 I Bond Counsel (Thompson Coburn) 14
Introduction of proposed Ord. No. 13392 authorizing the Executive Director and
Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter
into a contract with Thompson Coburn, LLP whereby Thompson Coburn, LLP will
serve as either the Bond Counsel or Disclosure Counsel for the District as deemed
by the District in a transaction by transaction basis.
30 – Proposed Ord. No. 13393 U.S. Treasury Lease Extension 15
Introduction and adoption of proposed Ord. No. 13393 ratifying a Supplemental Lease
Agreement by and between The Metropolitan St. Louis Sewer District and the United
States of America extending through March 31, 2014, the term of the lease of a portion
of certain real property of the District known and numbered as 2350 Market Street in the
City of St. Louis, Missouri, as leased by the District to the United States of America; and
authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan
St. Louis Sewer District to enter into a Supplemental Lease Agreement with the United
States of America whereby the District will continue to lease a portion of certain real
property of the District, known and numbered as 2350 Market Street in the City of St.
Louis, Missouri, to the United States of America for the term of April 1, 2012, through
March 31, 2014.
6 of 4/12/12
Agenda Item Number Name Page Number
Resolutions
31 Adoption of Resolution No. 3019 transferring unencumbered appropriated balances 17
totaling $2,448,320 from the Districtwide Stormwater Fund to the Stormwater
Operations & Maintenance Fund; and transferring unencumbered appropriated
balances and unencumbered fund balances totaling $1,222,000 from the Wastewater
Revenue Bond Service Fund # 2804 to the Wastewater Revenue Bond Service Fund
#2810.
32 Adoption of Resolution No. 3020 whereas the Executive Director has prepared a list 19
of proposed expenditures for the District in the form of a Capital Improvement &
Replacement Program for Fiscal Year 2012-2013 in compliance with Section 7.130
of the District's Plan.
33 Adoption of Resolution No. 3021 whereas Ordinance No. 13207, adopted February 20
10, 2011, authorized the Executive Director and Secretary – Treasurer on behalf of
The Metropolitan St. Louis Sewer District to enter into a contract with Gusdorf Law
Firm, LLC whereby Gusdorf Law Firm, LLC would provide collection litigation services
for the District.
34 Adoption of Resolution No. 3022 whereas Ordinance No. 13209, adopted February 21
10, 2011, authorized the Executive Director and Secretary – Treasurer on behalf of
The Metropolitan St. Louis Sewer District to enter into a contract with John G. Heimos,
P.C. whereby John G. Heimos, P.C. would provide collection litigation services for the
District.
35 Adoption of Resolution No. 3023 whereas Ordinance No. 13208, adopted February 22
10, 2011, authorized the Executive Director and Secretary – Treasurer on behalf of
The Metropolitan St. Louis Sewer District to enter into a contract with Kramer & Frank,
P.C. whereby Kramer & Frank, P.C. would provide collection litigation services for the
District.
36 Adoption of Resolution No. 3018 expressing the Board of Trustees’ appreciation to
Michael S. Dochwat for his 20 years of exemplary service to The Metropolitan St. Louis
Sewer District from December 30, 1991, to his retirement effective April 1, 2012.
37 ITEMS PROPOSED FOR INTRODUCTION & ADOPTION AT THE NEXT BOARD MEETING
38 ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD
7 of 4/12/12
Agenda Item Number Name Page Number
39 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).
40 ADJOURNMENT
8 of 4/12/12
AGENDA ITEM NUMBER: 22 – Proposed Ord. No. 13385
NAME OF PROJECT: Mary Avenue Flood Mitigation (10701)
LOCATION: South of Manchester Road and east of Brentwood Blvd. in the City of Brentwood, Missouri
TYPE OF PROJECT: Flood Mitigation (015.0 Construction Costs)
DEPARTMENT REQUESTING ACTION: Engineering
REQUESTED ACTION:
Why is this action necessary?: Appropriates funds and authorizes staff to enter into an intergovernmental
agreement with the City of Brentwood.
What does action accomplish?: Provides financial assistance to the City of Brentwood for demolition of structures
on flood-prone properties.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: N/A
Consultant: N/A
Agency: City of Brentwood, Missouri
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: $500,000.00 Designer’s Estimate: N/A
MBE/WBE Participation: N/A
Plan Approval Date: N/A Type of Contract: N/A
Properties Affected: N/A Properties Benefiting: N/A
Designed by: N/A
The work to be done under Contract #10746 consists of the removal of improvements on flood-prone properties, eight
buildings on two properties at 2761 and 2805 Mary Avenue, and returning the area to permanent open space. The City of
Brentwood recently obtained the properties, which are in the floodplain of Deer Creek, as part of its flood mitigation efforts.
This agreement provides for reimbursement of up to $500,000 to the City of Brentwood for costs related to clearing and
demolition.
FUNDING/COST SUMMARY:
Budgeted: Capital Improvement Program Budget Year: FY2011, Pg. 156 Amount: $500,000
Fund Name: #5566 – Deer Creek OMCI
Additional Comments: N/A
PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A
9 of 4/12/12
AGENDA ITEM NUMBER: 23 – Proposed Ord. No. 13386
NAME OF PROJECT: Infrastructure Repairs (Rehabilitation) (FY2012 Contract B) (11806)
LOCATION: Service Area 1 in the City of St. Louis, Missouri
TYPE OF PROJECT: Sanitary Sewer Rehabilitation (015.0 Construction Costs)
DEPARTMENT REQUESTING ACTION: Engineering
REQUESTED ACTION:
Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract
What does action accomplish?: Implements the construction of a CIP project
SUMMARY EXPLANATION/BACKGROUND:
Contractor: Insituform Technologies USA, LLC Previous District Contract: Yes
17988 Edison Avenue
Chesterfield, MO 63005
Consultant: N/A
Agency: N/A
Number of bidders: 2 Low Bid: $1,547,705.60 High Bid: $2,345,418.05
Appropriation Amount: $1,700,000.00 Designer’s Estimate: $2,532,000.00
MBE/WBE Participation: 11.34%
XL Contracting, Inc. – 11.16% - MBE
Basilico Engineering, Inc. – .18% - MBE
Plan Approval Date: March 8, 2012 Type of Contract: Unit Cost
Properties Affected: 600 Properties Benefiting: 1,200
Designed by: District staff
The work to be done under Contract #10737 consists of the construction of the rehabilitation of approximately 16,595 lineal
feet of sewers using cured-in-place pipe (CIPP) methods, varying in size from 6-inches to 42-inches in diameter. The
purpose of this project is to rehabilitate older, damaged, and deteriorated sewers to reduce pipe collapses, blocked mains,
and inflow/infiltration. This project is scheduled to be completed in 270 days.
FUNDING/COST SUMMARY:
Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 59 Amount: $15,000,000
(Partial Funding)
Fund Name: #6660 – Sanitary Replacement Fund
Additional Comments: An additional contingency of $10,000 for utility relocation (Other - $10,000) is included in the
appropriation. A second companion project, Infrastructure Repairs (Rehabilitation) (FY2012 Contract A) was introduced at
the January Board of Trustees meeting and a third companion project, Infrastructure Repairs (Rehabilitation) (FY2012
Contract C), encompassing the remainder of the District’s boundaries will bid later this fiscal year.
Contracted planning resources utilized: Watershed Facility Planning, Combine Sewer Area I/I Assessment, Separate Sewer
Area I/I Assessment, and CCTV Inspection.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
02/09/12 – Ord. No. 13361 – Amount: $7,900,000 – Infrastructure Repairs (Rehabilitation) (FY2012 Contract A) (10665)
10 of 4/12/12
AGENDA ITEM NUMBER: 24 – Proposed Ord. No. 13387
NAME OF PROJECT: Meramec and Forest Park Parkway Sanitary Sewer Improvements (10704)
LOCATION: North of Forest Park Parkway and east of Brentwood Boulevard in the City of Clayton, 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: Bates Utility Company Previous District Contract: Yes
841 Westwood Industrial Park Dr.
Weldon Springs, MO 63304
Consultant: N/A
Agency: N/A
Number of bidders: 4 Low Bid: $110,000.00 High Bid: $354,320.00
Appropriation Amount: $180,000.00 Designer’s Estimate: $140,000.00
MBE/WBE Participation: 10.00% - Luther Supply Company – MBE
Plan Approval Date: March 8, 2012 Type of Contract: Unit Cost
Properties Affected: 0 Properties Benefiting: 3
Designed by: District staff
The work to be done under Contract #10739 consists of the construction of approximately 533 lineal feet of sanitary sewers
varying in size from 10-inches to 14-inches, including 427 lineal feet of pipe bursting, and appurtenances. The purpose of
this project is to replace inadequate sanitary sewers and abandon redundant parallel sewers. This project is scheduled to be
completed in 365 days.
FUNDING/COST SUMMARY:
Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 62 Amount: $480,000
Fund Name: #5563 – Clayton Central OMCI
Additional Comments: An additional contingency of $60,000 for utility relocation (Water - $30,000, Fiber Optic - $15,000 &
Other - $15,000) is included in the appropriation.
Contracted planning resources utilized: Stormwater Facility Planning.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION: None
11 of 4/12/12
AGENDA ITEM NUMBER: 25 – Proposed Ord. No. 13388
NAME OF PROJECT: Missouri River Bonfils Sanitary Sewer Rehabilitation (10708)
LOCATION: In an area south of Highway 370, east of Earth City Expressway, north of Old St. Charles Road, and west of
North Lindbergh Boulevard in the Cities of Bridgeton and St. Louis City (Lambert St. Louis International Airport
property), Missouri
TYPE OF PROJECT: Sanitary Sewer Rehabilitation (015.0 Construction Costs)
DEPARTMENT REQUESTING ACTION: Engineering
REQUESTED ACTION:
Why is this action necessary?: Appropriates funds and authorizes staff to enter into a construction contract
What does action accomplish?: Implements the construction of a CIP project
SUMMARY EXPLANATION/BACKGROUND:
Contractor: SAK Construction, LLC Previous District Contract: Yes
103 North Cool Springs Road
O’Fallon, MO 63366
Consultant: N/A
Agency: N/A
Number of bidders: 3 Low Bid: $2,137,152.00 High Bid: $2,353,119.25
Appropriation Amount: $2,300,000.00 Designer’s Estimate: $2,377,000.00
MBE/WBE Participation: 11.00% - Luther Supply – MBE
Plan Approval Date: March 8, 2012 Type of Contract: Unit Cost
Properties Affected: 350 Properties Benefiting: 1,850
Designed by: District staff
The work to be done under Contract #10738 consists of the rehabilitation of approximately 38,258 lineal feet of sewers
varying in size from 8-inches to 30-inches in diameter utilizing CIPP methods, abandonment of approximately 4,222 lineal
feet of sewers, replacement of approximately 17 manholes, and the repair of approximately 538 service connections. The
purpose of this project is to reduce inflow/infiltration. This project is scheduled to be completed in 180 days.
FUNDING/COST SUMMARY:
Budgeted: Capital Improvement Program Budget Year: FY2012, Pg. 63 Amount: $2,500,000
Fund Name: #5590 – Missouri River Bonfils OMCI
Additional Comments: An additional contingency of $20,000 for utility relocation (Other - $20,000) is included in the
appropriation.
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: None
12 of 4/12/12
AGENDA ITEM NUMBER: 26 – Proposed Ord. No. 13389
NAME OF PROJECT: l Bond Counsel (Hardwick Law Firm)
LOCATION: District-wide
TYPE OF PROJECT: Financing – Bond Issue
DEPARTMENT REQUESTING ACTION: Secretary-Treasurer/Legal
REQUESTED ACTION:
Why is this action necessary?: This ordinance authorizes the District to enter into a series of contracts with the
Hardwick law Firm to serve as either the disclosure counsel or Bond Counsel on a
rotating basis as deemed by the District for the District’s debt transactions covering
a period of either five years or , if the Districts” proposition Y is successful at the
polls on June 5, 2012, the extent of the bond authorization granted by the voters.
What does action accomplish?: This ordinance is the enabling legislation to allow the District to enter into an
agreement or contract with the Hardwick Law firm so that they may serve in either
the capacity of bond or disclosure counsel for debt related transactions as
deemed by the District on a transaction by transaction basis.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: Yes
Consultant: Hardwick Law Firm
1125 Grand Blvd, Suite 1200
Kansas City MO 64106
Agency: N/A
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: N/A District’s Estimate: Amount will vary depending
on size and type of debt
transaction and the role
served.
MBE/WBE Participation: 100% MBE
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: Bond Issue Proceeds and Secretary-Treasurer Budget Year: N/A
Amount: Dependent on the bond issue size
Additional Comments:
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
8/14/2008 – Ordinance No. 12719 – Authorizes contract for Disclosure Counsel Services
13 of 4/12/12
AGENDA ITEM NUMBER: 27 – Proposed Ord. No. 13390
NAME OF PROJECT: l Bond Counsel (Gilmore & Bell)
LOCATION: District-wide
TYPE OF PROJECT: Financing – Bond Issue
DEPARTMENT REQUESTING ACTION: Secretary-Treasurer/Legal
REQUESTED ACTION:
Why is this action necessary?:. This ordinance authorizes the District to enter into a series of contracts with
Gilmore Bell associates, LLC to serve as either the disclosure counsel or Bond
Counsel on a rotating basis as deemed by the District for the District’s debt
transactions covering a period of either five years or , if the Districts” proposition Y
is successful at the polls on June 5, 2012, the extent of the bond authorization
granted by the voters.
What does action accomplish?: Enables the District to enter into a contract with the Hardwick Law firm for Local
Bond counsel services.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: Yes
Consultant: Gilmore & Bell
One Metropolitan Square
211 North Broadway, Suite 2350
St. Louis MO 63102
Agency: N/A
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: N/A District’s Estimate: Amount will vary depending
on size and type of debt
transaction
MBE/WBE Participation: 20% White Coleman and Associates M/WBE
500N. Broadway, Suite 1300
St. Louis MO 63102
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: Bond Issue Proceeds and Secretary-treasurer Budget Year: N/A
Amount: Dependent on the bond issue size
Additional Comments: None
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
3/27/2002 – Ordinance No. 11179 – Authorizes contract for Bond Counsel Services
2/20/2003 – Ordinance No. 11448 – Authorizes non-bond issue services on an hourly basis
14 of 4/12/12
AGENDA ITEM NUMBER: 28 – Proposed Ord. No. 13391
NAME OF PROJECT: l Bond Counsel (White Coleman & Associates)
LOCATION: District-wide
TYPE OF PROJECT: Financing – Bond Issue
DEPARTMENT REQUESTING ACTION: Secretary-Treasurer/Legal
REQUESTED ACTION:
Why is this action necessary?: This ordinance authorizes the District to enter into a series of contracts with the
White Coleman and Associates, LLC to serve as either the Disclosure counsel or
Bond Counsel on a rotating basis as deemed by the District for the District’s debt
transactions covering a period of either five years or , if the Districts” proposition Y
is successful at the polls on June 5, 2012, the extent of the bond authorization
granted by the voters.
What does action accomplish? This ordinance is the enabling legislation to allow the District to enter into an
agreement or contract with the Hardwick Law firm so that they may serve in either
the capacity of bond or disclosure counsel for debt related transactions as deemed
by the District on a transaction by transaction basis.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: Yes
Consultant: White Coleman and Associates
500N. Broadway, Suite 1300
St. Louis MO 63102
Agency: N/A
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: N/A District’s Estimate: Amount will vary depending
on size and type of debt
transaction
MBE/WBE Participation: 100% M/WBE
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: Bond Issue Proceeds and Secretary-Treasurer Budget Year: N/A
Amount: Dependent on the bond issue size
Additional Comments: None
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
8/14/08 – Ordinance No. 12722 – Authorizes contract for Bond Counsel Services Covering 2008 authorization.
15 of 4/12/12
AGENDA ITEM NUMBER: 29 – Proposed Ord. No. 13392
NAME OF PROJECT: Bond Counsel Contract (Thompson Coburn, LLP)
LOCATION: District-wide
TYPE OF PROJECT: Financing – Bond Issue
DEPARTMENT REQUESTING ACTION: Secretary-Treasurer/Legal
REQUESTED ACTION:
Why is this action necessary?: This ordinance authorizes the District to enter into a series of contracts with the
Thompson Coburn LLP to serve as either the Disclosure counsel or Bond Counsel
on a rotating basis as deemed by the District for the District’s debt transactions
covering a period of either five years or, if the Districts Proposition Y is successful
at the polls on June 5, 2012, the extent of the bond authorization granted by the
voters.
What does action accomplish? This ordinance is the enabling legislation to allow the District to enter into an
agreement or contract with the Thompson Coburn LLP so that they may serve in
either the capacity of bond or disclosure counsel for debt related transactions as
deemed by the District on a transaction by transaction basis.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: Yes
Consultant: Thompson Coburn, LLP
One US Bank Plaza
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: Amount will vary depending
on size and type of debt
transaction
MBE/WBE Participation: 20% Worsham N. Caldwell Jr. & Associates LLC – MBE
1010 Market Street, Suite 1540
St. Louis MO 63101
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: Bond Issue Proceeds/Secretary-Treasurer Budget Year: N/A
Amount: Dependent on the bond issue size
Additional Comments: None
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
16 of 4/12/12
AGENDA ITEM NUMBER: 30 – Proposed Ord. No. 13393
NAME OF PROJECT: U.S. Treasury Lease Extension
LOCATION: 2350 Market Street
TYPE OF PROJECT: Lease of portion of headquarters building
DEPARTMENT REQUESTING ACTION: Finance/Purchasing & Legal
REQUESTED ACTION:
Why is this action necessary?: To continue to lease a portion of the District-owned property at 2350 Market Street
What does action accomplish?: Authorizes the District to enter into an extension of the existing lease with the
United States Treasury for a term of two years.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: Yes
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: Lease
Properties Affected: N/A Properties Benefitting: N/A
Designed by: N/A
FUNDING/COST SUMMARY:
Budgeted: N/A Budget Year: N/A Amount: $0
Fund Name: N/A
Additional Comments: This ordinance authorizes the District to enter into a lease extension with the United States
Treasury for a term of two years, from April 1, 2012 to March 31, 2014. The lease requires the property to be used as offices
by the Office of the Comptroller of the Currency (OCC). The portion of the headquarters building is not needed at this time for
District purposes. The US Treasury will pay the District monthly rent at a rate of $12,125.31 per month or $145,503.75 per
year. The rental amount is at or above existing market rates. The extension requires that the District provide new paint and
carpet throughout the leased space (this had been part of the prior extension but was not accomplished previously).
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
03/20/2007 – Ordinance 12406 – Enters into a new lease agreement with the United States Treasury
17 of 4/12/12
AGENDA ITEM NUMBER: 31 – Resolution No. 3019
NAME OF PROJECT: Budget & Fund Transfers
LOCATION: Finance
TYPE OF PROJECT: N/A
DEPARTMENT REQUESTING ACTION: Finance
REQUESTED ACTION:
Why is this action necessary?: All of the Engineering Stormwater Labor and Overhead expense is currently charged to
the Districtwide Stormwater Fund #5110, however it has been determined that
approximately 40% of this work represents Stormwater O&M work, and should be
charged to the Stormwater O&M Fund #5130. This ordinance also provides for the re-
allocated of Interest expense between Wastewater Revenue Bond Service Funds 2804
and 2810.
What does action accomplish?: Proportionally charges the cost of the work being performed by the Engineering
Department between the two Districtwide OMCI Funds, and corrects the allocation of
interest expense between Bond Service Funds.
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: FY11/12 Amount: N/A
Fund Name: Districtwide Stormwater Fund #5110; Stormwater Operations & Maintenance Fund #5130; Wastewater Revenue
Bond Service Fund #2804; Wastewater Revenue Bond Service Fund #2810
Additional Comments: This resolution approves three transfers. A $2,448,320 transfer of unencumbered appropriated budgets
between Stormwater funds; a $1,222,000 transfer of appropriated budgets and fund balance between Bond funds. See attached
detail page for specific dollar amounts.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
06/09/2011 – Ordinance No. 13273 – Fiscal Year 2012 Budget
18 of 4/12/12
The following amounts are available for a transfer of funds:
Department Fund Major Account Code Amount Reason
Engineering Stormwater O&M 5110 59201 SW - Labor 1,748,800
1. Proportionally allocate Engineering
Labor expense between the two
districtwide OMCI funds.
Engineering Stormwater O&M 5110 59204 SW - Overhead 699,520
2. Proportionally allocate Engineering
Overhead expense between the two
districtwide OMCI funds.
Interest Expense 2804 58020 - Interest Payments 1,222,000
3. Re-allocate interest expense and
transfer of fund balance
$3,670,320
The following amounts are additional funds needed:
Department Fund Major Account Code Amount Reason
Engineering Stormwater O&M 5130 59201 SW - Labor 1,748,800 See #1 above.
Engineering Stormwater O&M 5130 59204 SW - Overhead 699,520 See #2 above.
Interest Expense 2810 58020 - Interest Payments 1,222,000 See #3 above.
$3,670,320Total Funds Needed
Metropolitan St. Louis Sewer District
FY2012 Budget Transfer
Total Available for Funds Transfer
19 of 4/12/12
AGENDA ITEM NUMBER: 32 – Resolution No. 3020
NAME OF PROJECT: Capital Improvement and Replacement Program
LOCATION: District wide
TYPE OF PROJECT: Capital projects
DEPARTMENT REQUESTING ACTION: Engineering
REQUESTED ACTION:
Why is this action necessary?: To declare the District’s FY2013 Capital Improvement & Replacement Program is
necessary for implementing the planning, design, and construction of wastewater
and stormwater projects throughout its boundaries.
What does action accomplish?: Authorizes the staff to hold the required public hearing on the FY2013 Capital
Improvement & Replacement Program in accordance with Section 7.130 of the
District’s Plan.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: N/A Previous District Contract: N/A
Consultant: N/A
Agency: N/A
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: N/A Designer’s Estimate: N/A
MBE/WBE Participation: N/A
Plan Approval Date: N/A Type of Contract: N/A
Properties Affected: N/A Properties Benefiting: N/A
Designed by: N/A
This resolution will authorize the District to hold a public hearing on its Capital Improvement & Replacement Program for
fiscal year 2012-2013. This enables staff to present the list of projects, the nature of the needed improvements, the
estimated probable costs and method of payments, and provides for the public hearing where citizens will have the
opportunity to comment on the proposed program. The public hearing is scheduled for Thursday, May 3, 2012 at 7:00 p.m.
at the District’s main office at 2350 Market Street, St. Louis, Missouri 63103.
FUNDING/COST SUMMARY:
Budgeted: Capital Improvement Program Budget Year: FY2013 Amount: N/A
Fund Name: N/A
Additional Comments: N/A
PREVIOUS BOARD ACTION RELATED TO THIS ACTION: N/A
20 of 4/12/12
AGENDA ITEM NUMBER: 33 – Resolution No. 3021
NAME OF PROJECT: Collection Litigation Services (Gusdorf)
LOCATION: N/A
TYPE OF PROJECT: Transactional
DEPARTMENT REQUESTING ACTION: Finance
REQUESTED ACTION:
Why is this action necessary?: Authorizes the District to exercise its first option year with one of three proposed
firms for collection litigation services.
What does action accomplish?: Provides the District’s Accounts Receivable Division with support for collection
litigation services on delinquent sewer service and stormwater bills.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: NA Previous District Contract: Yes
Consultant: Gusdorf Law Firm, LLC
225 South Meramec, Ste 1220
Clayton, MO 63105
Agency: NA
Number of bidders: 3 Low Bid: 16% (for all three bidders) High Bid: NA
Appropriation Amount: N/A District’s Estimate: $594,708
MBE/WBE Participation: 26% (approx.)
Progressive Investigations II LLC – 20% – MBE
Coast-to-Coast Equipment & Supplies, Inc. – 2% - WBE
Brown German Enterprises Inc. d/b/a Shred-It – 2% - WBE
TAB Company – 2% - MBE
Plan Approval Date: NA Type of Contract: Professional Services
Properties Affected: NA Properties Benefiting: NA
Designed by: NA
FUNDING/COST SUMMARY:
Budgeted: Finance Department’s Budget Budget Year: FY2011/12 Q4 thru FY2012/13 Q3
Amount: $594,708 (projected based on historical commissions)
Fund Name: General
Additional Comments: This resolution authorizes the District to enter into its first optional year with Gusdorf Law Firm,
LLC for collection litigation services for a portion of the District’s delinquent monthly sewer bills. The law firm provides these
services on accounts in which owner assets have been identified and in which other means of collection (i.e. liens, collection
agencies, etc.) have been unsuccessful. Through February of the current fiscal year Gusdorf Law Firm, LLC has collected
$2,478,050 on the District’s behalf and currently has 9,861 of the District’s delinquent accounts valued at $17.4M in its
portfolio. A commission of 16% would be based on the actual amount of collections made by the firm.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
02/10/11 – Ordinance 13207 – Authorized 1-year contract with two one-year options.
21 of 4/12/12
AGENDA ITEM NUMBER: 34 – Resolution No. 3022
NAME OF PROJECT: Collection Litigation Services (Heimos)
LOCATION: N/A
TYPE OF PROJECT: Transactional
DEPARTMENT REQUESTING ACTION: Finance
REQUESTED ACTION:
Why is this action necessary?: Authorizes the District to exercise it first option year with one of three proposed
firms for collection litigation services.
What does action accomplish?: Provides the District’s Accounts Receivable Division with support for collection
litigation services on delinquent sewer service and stormwater bills.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: NA Previous District Contract: Yes
Consultant: John G. Heimos, P.C.
12620 Lamplighter Square
St. Louis, MO 63128
Agency: NA
Number of bidders: 3 Low Bid: 16% (for all three bidders) High Bid: NA
Appropriation Amount: N/A District’s Estimate: $659,054
MBE/WBE Participation: 20% - Post Legal Investigations- WBE
Plan Approval Date: NA Type of Contract: Professional Services
Properties Affected: NA Properties Benefiting: NA
Designed by: NA
FUNDING/COST SUMMARY:
Budgeted: Finance Department’s Budget Budget Year: FY2011/12 Q4 thru FY2012/13 Q3
Amount: $659,054 (projected based on historical commissions)
Fund Name: General
Additional Comments: This resolution authorizes the District to enter into its first optional year with John G. Heimos, PC
for collection litigation services for a portion of the District’s delinquent monthly sewer bills. The law firm provides these
services on accounts in which owner assets have been identified and in which other means of collection (i.e. liens, collection
agencies, etc.) have been unsuccessful. Through February of the current fiscal year John G. Heimos, P.C has collected
$2,746,478 on the District’s behalf and currently has 10,317 of the District’s delinquent accounts valued at $21M in their
portfolio. A commission of 16% would be based on the actual amount of collections made by the firm.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
02/10/11 Ordinance 13209 – Authorized 1-year contract with two one-year options.
22 of 4/12/12
AGENDA ITEM NUMBER: 35 – Resolution No. 3023
NAME OF PROJECT: Collection Litigation Services (Kramer & Frank)
LOCATION: N/A
TYPE OF PROJECT: Transactional
DEPARTMENT REQUESTING ACTION: Finance
REQUESTED ACTION:
Why is this action necessary?: Authorizes the District to exercise its first option year with one of three proposed
firms for collection litigation services.
What does action accomplish?: Provides the District’s Accounts Receivable Division with support for collection
litigation services on delinquent sewer service and stormwater bills.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: NA Previous District Contract: No
Consultant: Kramer & Frank, P.C.
9300 Dielman IND. Dr Ste. 100
St. Louis, MO 63132
Agency: NA
Number of bidders: 3 Low Bid: 16% (for all three bidders) High Bid: NA
Appropriation Amount: N/A District’s Estimate: $544,706
MBE/WBE Participation: 0% - Proposer is willing to work with the District to meet all the District’s requirements
Actual performance is 21% across three subcontractors.
Plan Approval Date: NA Type of Contract: Professional Services
Properties Affected: NA Properties Benefiting: NA
Designed by: NA
FUNDING/COST SUMMARY:
Budgeted: Finance Department’s Budget Budget Year: FY2011/12 Q4 thru FY2012/13 Q3
Amount: $544,706
Fund Name: General
Additional Comments: This resolution authorizes the District to enter into its first two optional year with Kramer & Frank,
PC for collection litigation services for a portion of the District’s delinquent monthly sewer bills. The law firm provides these
services on accounts in which owner assets have been identified and in which other means of collection (i.e. liens, collection
agencies, etc.) have been unsuccessful. Through February of the current fiscal year Kramer & Frank, PC has collected
$2,269,683 on the District’s behalf and currently has 10,940 of the District’s delinquent accounts valued at $18.7M in its
portfolio. A commission of 16% would be based on the actual amount of collections made by the firm.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
02/10/11 – Ordinance 13208 – Authorized original 1-year contract with two one-year options