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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