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HomeMy Public PortalAbout1525th Board Journal 12-13-2012 JOURNAL OF THE (1525th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT December 13, 2012 – 4:00 P.M. The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at meeting: Board of Trustees Staff Members R. T. Berry, Chair J. L. Theerman, Executive Director J. H. Buford, V. Chair S. M. Myers, General Counsel J. H. Goffstein B. A. Schaefer, Secretary-Treasurer E. G. Ross J. M. Zimmerman, Director of Finance M. E. Yates B. L. Hoelscher, Director of Engineering A. K. Mandel J. C. Sprague, Director of Operations Also present were Tom Sullivan, 35 N. Central; William Ray, St. Louis County; Ed Sweet, Parsons; Rob Kuenzel, Loslie Engineering; Mike Borgard, TREKK; Mark Eshelman, M3 Engineering; Ronald French, CDM Smith; Joe Britt, Wells Fargo; Steve Lewis, AGC; John Schilling, Black & Veatch; Stephen Gregali, City of St. Louis; Gary Smith, SAK; Boyd Hirtz, SAK; Jack Boatman, SAK; Gary Penrod, Insituform; Joy Powelson, J & J Boring; Gerry Ryan, IDCS; Charles McCrary; Gloria Nickerson; Walle Amusa, ADE Consulting; Don Willey, Laborers; John Weiland, CDM Smith; Sean Devoy, URS; Ronny Griffin, Laborers Local 110; Jon Bergenthal, Jacobs; Lawrence Nwachukwu, Basilico; Rebecca Losli, Losli Engineering; Jim Coll, Jacobs; Terry Briggs, SITE; Ron Krusie, Burns & Mac; Betsy Schubert, MSD; Todd Aschbacher, MSD; Todd Loretta, MSD; Dennis Simon, MSD; Bob Breig, MSD; Barb Mohn, Director of Information Systems; Debbie Johnson, Public Information Representative; Lance LeComb, Manager of Public Information; and Pam Bell, Secretary to the Executive Director. - - - - Mr. Berry opened the meeting pursuant to notice and call. - - - - Motion made by Mr. Yates, seconded by Mr. Buford, that the Board go into closed session to discuss legal, confidential or privileged matters under §610.021(1), RSMO 1988 SUPP.; personnel actions under §610.021(3). Motion passed – 6 ayes, no nays Poll taken: A. Mandel aye R. Berry aye J. Yates aye J. Buford aye E. Ross aye J. Goffstein aye During closed session staff updated the Board on the legal strategy related to the stormwater litigation pursuant to §610.021(1), RSMO 1988 SUPP. The Board also discussed personnel matters pursuant to §610.021(3) and voted to place Jonathan Sprague as the Interim Executive Director effective January 12, 2013. The Board also agreed to initiate a nationwide search for a permanent Executive Director after the first of the year. Motion passed – voice vote, all ayes - - - - Upon motion made by Mr. Yates, seconded by Mr. Buford, the Journals of the October 11 and October 24, 2012 meetings were approved by unanimous voice vote. - - - - The Chair wished everyone Happy Holidays. - - - - Mr. Buford reported that the Finance Committee met on December 11, 2012. In attendance were Trustees Buford and Ross. The Committee approved minutes from the November 6, 2012 meeting. Mr. LeComb recommended exercising the first option year of an existing contract with ETC Institute for 2013 Customer Satisfaction Surveying services in the amount of $82,500. This is Item #34 on tonight's agenda. Ms. Edwards recommended the delivery of the Flexible Benefit Plan and vision program for the District employees be awarded to BeneFlex HR Resources Inc. This will continue to allow employees to make pre-tax contributions to reimbursement accounts. This is Item #35 on tonight’s agenda. Ms. Edwards recommended the renewal of the contract with Securitas Security Services USA to provide security for the MSD headquarters building, employees and emergency situations. This will authorize the District to exercise the second one-year option on the contract. This is Item # 40 on tonight’s agenda. Ms. Myers recommended awarding the General Legal Services contract to four firms to receive a full range of general legal representation. The firms are Armstrong Teasdale LLP, Thompson Coburn LLP, The Hale Law Firm, and Rynearson, Suess, Schnurbusch & Champion LLC. These are Items #36 through #39 on tonight’s agenda. Ms. Kristen Finney-Cooke from New England Pension Consultants reported on the performance of the District’s pension investments through September 30, 2012. She noted at quarter end, the pension fund assets totaled approximately $216.7 million, an increase of $6.4 million over the prior quarter. This increase reflects investment gains of $9.9 million and net outflows of $3.5 million. Ms. Zimmerman presented the October 2012 Adjustment Review Committee report as required by Ordinance. The Committee entered the report into the record. She also reported on the current financial condition of the District indicating it continues in a solid position with the collection of delinquent bills increasing slightly and the pension investment return exceeding its earning goal. The meeting adjourned at 8:22 a.m. - - - - Mr. Ross reported that the Program Management Committee met on December 4, 2012 at 7:30 a.m. The meeting was attended by Trustees Ross, Berry, Mandel, and Yates. The minutes of the October 30, 2012 meeting were approved. After a presentation on two construction ordinances, staff led a discussion regarding the impact of Board Resolution No. 2474 passed on October 3, 2002. This ordinance provides the District staff with guidelines on how to proceed when the apparent low bidder is deemed non-responsive. A copy of this resolution is provided with this report. The second page of this Resolution provides a bid variance chart as guidance. If the bid difference between the non-responsive apparent low bid and the lowest responsive bid falls within this bid variance, staff is to proceed with presenting this project to the Board for their consideration. When this situation occurs, it is noted on the write-ups for the individual projects and discussed during the Program Management Committee meeting. If the bid variance between the non-responsive apparent low bid and the lowest responsive bid falls outside of this variance, staff may proceed with presenting an ordinance to the Board only if staff can demonstrate a compelling reason to do so. This compelling reason must be presented to the Board of Trustees prior to the transmittal of the full Board Agenda. The transmittal of this situation for two projects was transmitted to the Board with the Program Management Committee information and Committee approval was obtained to forward these two projects for full Board consideration. Staff reported that 11 construction projects were considered to be brought before the Program Management Committee. Of these, 3 projects are proposed to be awarded to the apparent low bidder. Five are proposed to be awarded to the second low bidder because the apparent low bidder was found to be non-responsive to the Minority and Women Business Enterprise goals in the contract but the bid variance fell within the guidelines of Resolution No. 2474. These are Items 21, 22, 23, 25, and 26 on tonight’s agenda. Two other projects are proposed to be awarded to the second low bidder for the same reasons except that the bid variance fell outside the guidelines of Resolution No. 2474. The discussion on these two projects will be presented later in this report. Finally, a $7 million project, Riverside and Yarnell Sanitary Relief, was not brought by staff to the Board for consideration. In this case, staff found it was unable to demonstrate a compelling reason to award to the lowest responsive bidder when the difference between the apparent low bidder and the lowest responsive bidder was $910,000. During the discussion of these projects staff answered questions from the Committee regarding the details of the MWBE non-compliance for each project, the difference in acceptable MWBE participation between the apparent low bidder and the lowest responsive bidder, and the capacity of Insituform Technologies to deliver on the amount of work being introduced tonight. The Committee also stated that they found it unusual that bidders who were non-responsive due to inadequate MWBE participation on some projects were responsive on others. During the project presentations, staff also discussed with the Committee the multiple communication and the stakeholder input efforts by MSD to develop the current MWBE policies and to describe the proper utilization of these policies by construction contractors. There was also a detailed discussion regarding the following items: Item 20 – Creve Coeur Creek Public I/I Reduction – This proposed ordinance falls outside of the guidance provided by Resolution No. 2474. The bid by the responsive second low bidder was $300,000 greater than the non-responsive low bid but resulted in a $240,000 increase in acceptable MWBE participation. Staff is requesting that the Board considers adoption of this ordinance. This project is required to meet the early action sewer rehabilitation and replacement requirements of the Consent Decree. Staff has also reduced the amount of contingency funds normally requested for this size project by $200,000 to assure that control of any additional costs is provided to the Board. The Committee voted to forward this project to the full Board for consideration. Item 24 – Tower Grove – Manchester Phase II – This proposed ordinance falls outside of the guidance provided by Resolution No. 2474. The bid by the responsive second low bidder was $113,000 greater than the non-responsive low bid but resulted in an $115,000 increase in acceptable MWBE participation. Staff is requesting that the Board considers adoption of this ordinance. This project is required to meet the Cityshed Program requirements of the Consent Decree. It is also needed to comply with a commitment made by MSD in the settlement agreement resolving the lawsuit Bryant v MSD, et al regarding surcharging of combined sewers. The Committee voted to forward this project to the full Board for consideration. Item 25 – Harrison – St. Marie Storm Sewer – The requested appropriation in this ordinance is $84,000 higher than the budget for this project. The additional costs resulted from the need to construct a 5-foot by 2-foot concrete box culvert to avoid the existing sanitary sewer system. Sufficient funds are available in the Fountain Creek OMCI to fund this project. Item 28 – Radar Rainfall Data – This ordinance provides for the final option year of this contract. This contract is required by the Consent Decree to provide support to the Sewer System Evaluation Study and Sewer Model Calibration. It is also used to determine storm event frequency when evaluating surcharged sewer events. This work will be competitively bid again in FY2014. Items 29 through 32 – OMCI Stormwater Design (Contracts A through D) – These appropriations will provide design services for stormwater capital projects. The resulting capital construction cost is projected to use all remaining funds in the Deer Creek OMCI subdistrict. Item 33 – GIS Web Based Application – This ordinance will provide a contract to implement a District-wide business application to allow staff easier access to asset information that is critical in resolving customer complaints and closing service order issues. Finally, staff discussed the status of the Fawnvalley erosion control project in the City of Des Peres. The existing block wall that some residents claimed made the mosquito situation worse has been modified so that water no longer pools in the wall. The contractor has started the foundation work for the first of 10 walls, the survey work for the second wall, and began communications with residents regarding tree removal requirements at the other 8 walls. The contractor is still projecting a contract completion date this spring in time for the spring planting season. Staff also discussed a lawsuit filed by one of the residents against the Corps of Engineers and MSD claiming that the permit issued by the Corps of Engineers is not valid. The meeting was adjourned at 8:41 a.m. - - - - Mr. Theerman reported that the District has several construction contracts on tonight’s agenda where it is recommending award to the second low bidder. On tonight’s agenda, Items 20 and 21 are both public inflow and infiltration removal projects where the staff has rejected the low bid due to non-responsiveness with MWBE bidding requirements. Item 27 is a rehabilitation project in which the low bidder was considered to be responsive. In all three cases, the District has recently received bid protests from SAK Construction. The staff is in the process of reviewing these protests per our standard procedures. It is my recommendation that, in spite of these protests, these items remain on tonight’s agenda for introduction so that they can be approved at the January Board Meeting pending the outcome of the bid protest review. It is in the best interest of the District to introduce these consent decree projects tonight. The staff will report the status of the bid protests to the Board prior to seeking adoption of these contracts. - - - - Ms. Gloria Nickerson addressed the Board and discussed the timeline along with the issues she has had since 2008. The issues from 2008 and 2009 have been resolved. The 2011 issue, which pertains to pending claim 2857, is still outstanding and Ms. Nickerson would like it resolved in 2012. Mr. Theerman stated to Ms. Nickerson that her issue will be looked into and he committed to getting it resolved. - - - - Mr. Terry Briggs addressed the Board and publicly thanked Mr. Theerman for his great job. Mr. Briggs continued on to discuss the issues related to not accepting the low bids as the MWBE data did not meet the interim goals set by the Trustees and on two of the seven bids in question, the projects exceeded the amount in the District’s own policy as set forth in Resolution 2474. The construction industry believes there is a break-down in the communication process related to the MWBE requirements and what was previously acceptable and what is now acceptable. This also includes the use of a certified list of acceptable contractors. However, since the interim goals have changed, the list may now be outdated per the contractors. The contractors can also submit good faith efforts documents which were not included in the seven bids submitted. Mr. Theerman stated since April 1, 2012, when this Board enacted interim goals, we have had a policy dealing with brokers and distributors, manufacturer reps, and we haven’t deviated from that policy. There are different particulars with various contracts, but, in general, MSD enforces the policy that this Board enacted. MSD would like to take low bids all the time, but at the same time MSD has to take low responsive bids. Mr. Berry stated that all seven of these issues were also addressed in the Program Management meeting, as were reported on by Trustee Ross. The Committee agreed that projects that went outside the authorized guidelines for the Program Management Committee meeting be brought to the Board. - - - - Mr. Tom Sullivan addressed the Board and was pleased that the Board has named an Interim Executive Director and that there will be a national search for a new permanent Executive Director. Mr. Sullivan offered to be on the Search Committee. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 13533 APPROPRIATING $240,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN HIGH SCHOOL DR. & MADGE AVE. SEWER SEPARATION (10646) 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 A CONTRACT WITH METRO UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13534 APPROPRIATING $950,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION AT RDP FOULWATER INTERCEPTOR REHABILITATION (PHASE I) ABANDON 7' BRICK SEWER (10198), 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 XL CONTRACTING, INC. FOR THE CONSTRUCTION OF THE AFORESAID SEWERS. ADOPTION OF PROPOSED ORD. NO. 13535 MAKING AN APPROPRIATION OF $940,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN OF CAULKS CREEK FORCE MAIN (RIVER VALLEY RD. TO L-52) (11790) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 11041 WITH CDM SMITH, INC., FOR THE AFORESAID ENGINEERING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13536 MAKING A SUPPLEMENTAL APPROPRIATION OF $427,500.00 FROM THE GENERAL FUND OF THE DISTRICT FOR CONTINUING THE OPERATION AND MAINTENANCE OF WATER QUALITY SAMPLING IN STREAM FLOW WATER QUALITY SAMPLING (FY2013) (10768); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO AMEND CONTRACT NO. 10534 WITH THE GEOSYNTEC CONSULTANTS, INC. FOR THE AFORESAID SERVICES. ADOPTION OF PROPOSED ORD. NO. 13537 REPEALING ORDINANCE NO. 9845 RELATING TO THE METHODS FOR PURCHASE OF SUPPLIES, MATERIALS AND CERTAIN SERVICES OTHER THAN CONTRACTS FOR PERSONAL SERVICES, CONTRACTS FOR INSURANCE, AND CONTRACTS FOR CONSTRUCTION, REPEALING ORDINANCE 8879 RELATING TO PROCUREMENT OF IMPROVEMENTS, REPEALING ORDINANCE 9011 RELATING TO PROCUREMENT FOR IMPROVEMENTS, REPEALING RESOLUTION 2608 RELATING TO CONTRACT RENEWALS, AND ENACTING IN LIEU THEREOF A NEW ORDINANCE RELATING TO THE PURCHASE OF ALL SUPPLIES, MATERIALS AND SERVICES EXCEPT AS OTHERWISE SPECIFIED. ADOPTION OF PROPOSED ORD. NO. 13538 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BJC EMPLOYEE ASSISTANCE PROGRAM WHEREBY BJC EMPLOYEE ASSISTANCE PROGRAM WILL PROVIDE EMPLOYEE ASSISTANCE PROGRAM (E.A.P.) SERVICES FOR THE DISTRICT EMPLOYEES FOR THE PERIOD OF FEBRUARY 1, 2013, TO JANUARY 31, 2014. ADOPTION OF PROPOSED ORD. NO. 13539 AWARDING A CONTRACT TO STARR INDEMNITY & LIABILITY COMPANY (MCGRIFF, SEIBELS & WILLIAMS, OF MISSOURI INC., AGENT) FOR THE DISTRICT’S EXCESS UMBRELLA LIABILITY INSURANCE COVERAGE FROM JANUARY 1, 2013 TO DECEMBER 31, 2013. ADOPTION OF PROPOSED ORD. NO. 13540 AWARDING A CONTRACT TO MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND (MOPERM) (MCGRIFF, SEIBELS & WILLIAMS OF MISSOURI, INC., AGENT) FOR THE DISTRICT’S COMBINED LIABILITY INSURANCE COVERAGE FROM JANUARY 1, 2013 TO DECEMBER 31, 2013. Motion made by Mr. Buford, seconded by Mr. Ross, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye M. Yates aye A. Mandel aye J. Buford aye R. Berry aye J. Goffstein aye The Chair declared the Consent Agenda adopted. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. NO. 13542 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 CONSTRUCTION OF GREEN INFRASTRUCTURE BIORETENTION AT GERALDINE #5099 & BEACON #5479 BIORETENTION (CB5087 & 5528) CSO VR GIPLT (11802) IN THE CITY OF ST. LOUIS, MISSOURI. Proposed Ord. No. 13542 was presented and read. The work to be done under Contract #11034 consists of the construction of two bioretention cells, approximately 1,248 square feet and 335 square feet, and appurtenances. The purpose of this project is to reduce combined sewer overflows into the Mississippi River per the Long Term Control Plan. This project is part of the CSO Volume Reduction – Green Infrastructure (Pilot Program) (11048). This project is scheduled to be completed in 180 days. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13542 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13543 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH IDEAL LANDSCAPE GROUP FOR THE CONSTRUCTION OF GREEN INFRASTRUCTURE BIORETENTION AT N. VANDEVENTER #2812 & N. SARAH #1801 BIORETENTION (CB3628 & 3622) CSO VR GIPLT (11778) IN THE CITY OF ST. LOUIS, MISSOURI. Proposed Ord. No. 13543 was presented and read. The work to be done under Contract #11031 consists of the construction of two bioretention cells and appurtenances approximately 2,570 square feet and 1,236 square feet. The purpose of this project is to reduce combined sewer overflows into the Mississippi River per the Long Term Control Plan. This project is part of the CSO Volume Reduction – Green Infrastructure (Pilot Program) (11048). This project is scheduled to be completed in 180 days. Motion by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13543 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13544 APPROPRIATING $3,100,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER REHABILITATION AT CREVE COEUR CREEK PUBLIC I/I REDUCTION (11831), IN THE CITIES OF BALLWIN AND CHESTERFIELD, 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 CONSTRUCTION OF THE AFORESAID SEWERS. Proposed Ord. No. 13544 was presented and read. The work to be done under Contract #10785 consists of the rehabilitation of approximately 63,794 lineal feet of pipe sewers varying in size from 8-inches to 30-inches in diameter, using cured-in-place-pipe (CIPP) methods, 333 manholes, and 299 service connections. The purpose of this project is to reduce inflow/infiltration in the Creve Coeur Creek Watershed. This project will eliminate one (1) constructed SSO (BP-039). This project is scheduled to be completed in 365 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13544 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13545 APPROPRIATING $5,400,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN FEE FEE CREEK PUBLIC I/I REDUCTION (11830) IN CITIES OF CREVE COEUR, MARYLAND HEIGHTS, OVERLAND, ST. ANN AND 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 INSITUFORM TECHNOLOGIES USA, LLC FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13545 was presented and read. The work to be done under Contract #10999 consists of the rehabilitation of approximately 95,726 lineal feet of sewers using cured-in-place pipe (CIPP) methods, varying in size from 6-inch to 21-inch diameter pipe, rehabilitation of 305 manholes and rehabilitation of 1,594 service connections. The purpose of this project is to reduce inflow/infiltration in the Fee Fee Creek Watershed. This project is scheduled to be completed in 550 days. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13545 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13546 APPROPRIATING $3,300,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN MCKELVEY PROJECT “A” AND “B” SANITARY RELIEF (SKME-005) (10163), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 11035 WITH BATES UTILITY COMPANY, INC. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. Proposed Ord. No. 13546 was presented and read. The work to be done under Contract #11035 consists of the construction of approximately 8,800 lineal feet of pipe sewers varying in size from 8-inches to 21-inches in diameter, removal of private inflow and infiltration at 67 properties, and appurtenances. The purpose of this project is to alleviate building backups and overcharged sewers. This project will eliminate three (3) SSOs (BP-537, BP-080 & BP- 068). This project is scheduled to be completed in 475 days. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13546 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. yates aye J. Goffstein aye INTRODUCTION OF PROPOSED NO. 13547 APPROPRIATING $410,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION AT TIEMANN & NONIE AVE. SANITARY SEWER REPLACEMENT (10775), 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 DIZDAR BROTHERS SEWER & CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF THE AFORESAID SEWERS. Proposed Ord. No. 13547 was presented and read. The work to be done under Contract #11001 consists of the construction of approximately 607 lineal feet of pipe sewers varying in size from 8-inches to 18-inches in diameter and appurtenances. The purpose of this project is to remove a sanitary sewer discharge to a sinkhole. This project is scheduled to be completed in 210 days. Motion made by Mr. Ross, seconded by Mr. Yates that proposed Ord. No. 13547 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13548 APPROPRIATING $1,870,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN TOWER GROVE - MANCHESTER COMBINED SEWER SYSTEM PHASE II (TOWER GROVE PLACE STORM RELIEF SEWERS) (10777) 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 GERSHENSON CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13548 was presented and read. The work to be done under Contract #11008 consists of the construction of approximately 2,258 lineal feet of pipe sewers varying in size from 12-inches to 72-inches in diameter and appurtenances, and the elimination of private inflow sources for 14 properties. The purpose of this project is to minimize the potential for basement backups and surface flooding due to overcharged combined sewers. This project is scheduled to be completed in 410 days. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13548 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13549 APPROPRIATING $355,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF FOUNTAIN CREEK TO BE USED FOR STORM SEWER CONSTRUCTION AT HARRISON - ST. MARIE STORM SEWER (10331), IN THE CITY OF FLORISSANT, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH TAP UTILITIES, LLC FOR THE CONSTRUCTION OF THE AFORESAID SEWERS. Proposed Ord. No. 13549 was presented and read. The work to be done under Contract #11018 consists of the construction of approximately 822 lineal feet of pipe sewers varying in size from 12-inches to 42-inches in diameter, 56 lineal feet of 5-foot x 2-foot reinforced concrete box culvert, and appurtenances. The purpose of this project is to alleviate yard flooding and street ponding. This project is scheduled to be completed in 270 days. Motion made by Mr. Ross, seconded by Mr. Buford that proposed Ord. No. 13549 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13550 APPROPRIATING $98,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF GRAVOIS CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN PARKWOODS - DICKSON STORM SEWER (11130), IN THE CITY OF KIRKWOOD, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH TAP UTILITIES, LLC FOR THE AFORESAID STORM SEWER CONSTRUCTION. Proposed Ord. No. 13550 was presented and read. The work to be done under Contract #11017 consists of the construction of approximately 366 lineal feet of pipe sewers varying in size from 15-inches to 21-inches in diameter and appurtenances. The purpose of this project is to alleviate yard flooding. This project is scheduled to be completed in 120 days. Motion made by Mr. Ross, seconded by Mr. Yates that proposed Ord. No. 13550 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13551 APPROPRIATING $5,900,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE REHABILITATION OF SANITARY SEWERS IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2012 CONTRACT C) (11836) IN THE DISTRICT BOUNDARIES IN THE CITY OF ST. LOUIS AND ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR THE AFORESAID REHABILITATION. Proposed Ord. No. 13551 was presented and read. The work to be done under Contract #10913 consists of the construction of the rehabilitation of approximately 153,477 lineal feet of sewers using cured-in-place pipe (CIPP) methods, varying in size from 6-inches to 30- inches x 42-inch 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 365 days. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13551 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13552 APPROPRIATING $110,000.00 FROM THE GENERAL FUND FOR ENGINEERING SERVICES FOR THE FINAL DESIGN OF RADAR RAINFALL DATA (FY2011) (10743) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 2 OF CONTRACT NO. 10603 WITH VIEUX AND ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13552 was presented and read. The work to be done under Contract #10603 will allow the District to continue maintaining the integration between the existing rain gauge network and NEXRAD radar data in an effort that produces Gauge Adjusted Radar Rainfall (GARR) data for use by District engineers, various planning and design consultants, and Operations divisions. This contract Amendment No. 2 will continue to allow web-accessible rainfall data to District personnel, monthly archive quality rainfall data, major rainfall event support, enhancement of web-based tools, hydrologic stream response support, and support for the District’s hydraulic models, as well as any training required. Vieux also provides QA/QC of our extensive fixed rain gauge network and notifies the District of issues found during the GARR calibration process. Radar rainfall data is a technology used to enhance hydraulic modeling and calibration, confirming sewer flow metering responses to rain events, inflow/infiltration assessments, CSO and SSO control planning, watershed and stormwater programs, and preliminary and final designs. This technology allows the District to estimate more accurately the amount of rain that falls within District boundaries that is not detected at rain gauge sites by essentially increasing the number of locations where a rainfall measurement is available from approximately 100 to over 2,000 data points. We have recently started using GARR data to assist the Operations Department to determine the return period of rainfall events as they relate to overcharged main (OCM) complaints. This will be the final year of the contract. Any additional contract for Radar Rainfall Data would proceed through the RFQ/RFP process. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13552 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSE ORD. NO. 13553 APPROPRIATING $581,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR ENGINEERING SERVICES FOR OMCI STORMWATER DESIGN (CONTRACT A) (11129) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20004 WITH REITZ & JENS, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13553 was presented and read. This ordinance authorizes the District to enter into Contract #20004 with Reitz & Jens Inc. for the design of all projects included in the OMCI Stormwater Design (Contract A) project in the CIRP. This project consists of the design and preparation of construction documents for multiple stormwater improvements in the Deer Creek Watershed. This design contract consists of seven (7) channel protection and stabilization projects at different locations. The preliminary construction cost estimate for all of the projects is $1,709,000.00. Construction is anticipated to begin in FY2014. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13553 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13554 APPROPRIATING $449,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR ENGINEERING SERVICES FOR OMCI STORMWATER DESIGN (CONTRACT B) (11147) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20005 WITH OATES ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13554 was presented and read. This ordinance authorizes the District to enter into Contract #20005 with Oates Associates, Inc. for the design of all projects included in the OMCI Stormwater Design (Contract B) project in the CIRP. This project consists of the design and preparation of construction documents for multiple stormwater improvements in the Deer Creek Watershed. This design contract consists of six (6) storm sewer projects at different locations totaling approximately 5,440 lineal feet of storm sewers, 80 lineal feet of channel wall, 270 lineal feet of vegetative swales, 250 lineal feet of earth berms, and appurtenances. The preliminary construction cost estimate for all of the projects is $1,779,000.00. Construction is anticipated to begin in FY2014. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13554 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13555 APPROPRIATING $594,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR ENGINEERING SERVICES FOR OMCI STORMWATER DESIGN (CONTRACT C) (11148) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20006 WITH COLE & ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13555 was presented and read. This ordinance authorizes the District to enter into Contract #20006 with Cole & Associates, Inc. for the design of all projects included in the OMCI Stormwater Design (Contract C) project in CIRP. This project consists of the design and preparation of construction documents for multiple stormwater improvements in the Deer Creek Watershed. This design contract consists of eleven (11) storm sewer projects at different locations totaling approximately 4,805 lineal feet of storm sewers, six bio-retention cells, and appurtenances. The preliminary construction cost estimate for all of the projects is $1,698,000.00. Construction is anticipated to begin in FY2014. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13555 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13556 APPROPRIATING $546,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR ENGINEERING SERVICES FOR OMCI STORMWATER DESIGN (CONTRACT D) (11149) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20007 WITH HEIDEMAN & ASSOCIATES, INC. FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13556 was presented and read. This ordinance authorizes the District to enter into Contract #20007 with Heideman & Associates, Inc. for the design of all projects included in the OMCI Stormwater Design (Contract D) project in the CIRP. This project consists of the design and preparation of construction documents for multiple stormwater improvements in the Deer Creek Watershed. This design contract consists of nine (9) storm sewer projects at different locations totaling approximately 3,575 lineal feet of storm sewers, 740 lineal feet of sanitary sewers, 645 lineal feet of box culvert, two bioretention cells, and appurtenances. The preliminary construction cost estimate for all of the projects is $2,324,000.00. Construction is anticipated to begin in FY2014. Motion made by Mr. Yates, seconded by Ms. Mandel that proposed Ord. No. 13556 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13557 APPROPRIATING $60,000.00 FROM THE GENERAL FUND FOR GEOGRAPHIC INFORMATION SYSTEM; WEB-BASED APPLICATION TO ENABLE FIELD PERSONNEL ACCESS TO DISTRICT ASSET INFORMATION, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE SMARTGEOTECH FOR THE AFORESAID SERVICES. Proposed Ord. No. 13557 was presented and read. Appropriate budgeted funds for the development and implementation of a web-based user application that integrates asset data from existing District application systems (Maximo and GIS). This enables Operations and Engineering personnel to work and close service orders. Motion made by Mr. Buford, seconded by Mr. Ross that proposed Ord. No. 13557 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION OF PROPOSED ORD. NO. 13558 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH ETC INSTITUTE, WHEREBY ETC INSTITUTE WILL PERFORM 2013 CUSTOMER SATISFACTION SURVEYING SERVICES FOR THE DISTRICT. Proposed Ord. No. 13558 was presented and read. Customer Satisfaction Surveying was first conducted by the District in 1996 and is conducted annually. Today, surveying measures all areas of customer service. Results are used to measure customer awareness of MSD’s role in the community and rate the quality of services the District provides. Motion made by Mr. Ross, seconded by Ms. Mandel that proposed Ord. No. 13558 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13559 AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH BENEFLEX HR RESOURCES INC. TO ADMINISTER THE DISTRICT’S FLEXIBLE BENEFIT PLAN AND PRESCRIPTIVE EYEWEAR PLAN FOR THE DISTRICT EMPLOYEES FOR THE PERIOD OF FEBRUARY 1, 2013 TO JANUARY 31, 2014. Proposed Ord. No. 13559 was presented and read. The District offers a Flexible Benefit Plan as prescribed under Section 125 of the Internal Revenue Code, which allows employees to make pre-tax contributions to reimbursement accounts to pay for qualifying expenses such as childcare or non-reimbursed health care expenses. In addition, the District has a program that reimburses District employees for prescription eyewear up to $100 per fiscal year. Motion by Mr. Buford seconded by Mr. Berry that proposed Ord. No. 13559 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13559. Motion made by Mr. Buford, seconded by Mr. Berry that proposed Ord. No. 13559 be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye A. Mandel aye J. Buford aye M. Yates aye J. Goffstein aye The Chair declared proposed Ord. No. 13559 adopted. Resolutions ADOPTION OF RESOLUTION NO. 3062 WHEREAS ORDINANCE NO. 13345, ADOPTED DECEMBER 8, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH ARMSTRONG TEASDALE LLP WHEREBY ARMSTRONG TEASDALE LLP WOULD PROVIDE GENERAL LEGAL SERVICES FOR THE DISTRICT. Resolution No. 3062 was presented and read. ADOPTION OF RESOLUTION NO. 3063 WHEREAS ORDINANCE NO. 13346, ADOPTED DECEMBER 8, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THOMPSON COBURN LLC WHEREBY THOMPSON COBURN LLC WOULD PROVIDE GENERAL LEGAL SERVICES FOR THE DISTRICT. Resolution No. 3063 was presented and read. ADOPTION OF RESOLUTION NO. 3064 WHEREAS ORDINANCE NO. 13347, ADOPTED DECEMBER 8, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH THE HALE LAW FIRM WHEREBY THE HALE LAW FIRM WOULD PROVIDE GENERAL LEGAL SERVICES FOR THE DISTRICT. Resolution No. 3064 was presented and read. ADOPTION OF RESOLUTION NO. 3065 WHEREAS ORDINANCE NO. 13348, ADOPTED DECEMBER 8, 2011, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH RYNEARSON, SUESS, SCHNURBUSCH & CHAMPION, LLC WHEREBY RYNEARSON, SUESS, SCHNURBUSCH & CHAMPION, LLC WOULD PROVIDE GENERAL LEGAL SERVICES FOR THE DISTRICT. Resolution No. 3065 was presented and read. ADOPTION OF RESOLUTION NO. 3066 WHEREAS ORDINANCE NO. 13176, ADOPTED DECEMBER 9, 2010, AUTHORIZED THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO A CONTRACT WITH SECURITAS SECURITY SERVICES USA WHEREBY SECURITAS SECURITY SERVICES USA WILL PROVIDE SECURITY FOR THE DISTRICT’S HEADQUARTERS BUILDING, DISTRICT EMPLOYEES AND THROUGHOUT THE DISTRICT AS NEEDED. Resolution No. 3066 was presented and read. Motion made by Mr. Buford, seconded by Mr. Ross that Resolution Nos. 3062, 3063, 3064, 3065 and 3066 be adopted. Motion passed – voice vote, all ayes - - - - Upon motion made Ms. Mandel, seconded by Mr. Yates, and unanimously passed, the meeting adjourned at 5:57 p.m. Secretary-Treasurer