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HomeMy Public PortalAbout1528th Board Journal 2-14-2013 JOURNAL OF THE (1528th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT February 14, 2013 – 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. C. Sprague, Interim Executive Director J. H. Buford, Vice 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 B. A. Berthold, Director of Operations (excused) Also present were Tom Sullivan, 35 N. Central; Ed Sweet, Parsons; Mike Borgard, TREKK; Mark Eshelman, M3 Engineering; Tim Tappendorf, CMT; Gary Penrod, Insituform; Bruce Wood, KAI; Steve Lewis, AGC; Marvin Sanders, Carpenters; Jim Coll, Jacobs; David Rosenberg, Insituform; Lisa Douglas, RJN; Bob Januska, RJN; Granville Wilke, Kwame; Bob Welsch, Stantec; Linda Roe, TSI Engineering; John Choinka, HR Green; Chris Bergmann, TWM; Tom Ratzki, Black & Veatch; Don Willey, Laborers; Ronny Griffin, Laborers Local 110; William Ray, St. Louis County; Rebecca Losli, Losli Engineering; Terry Briggs, SITE; Todd Aschbacher, MSD; Todd Loretta, MSD; Mike Grace, MSD; Betsy Schubert, MSD; Marie Collins, Asst. Director of Engineering; Rich Unverferth, Asst. Director of Engineering; Vicki Taylor- Edwards, Director of Human Resources; Barb Mohn, Director of Information Systems; Lance LeComb, Manager of Public Information; Debbie Johnson, Public Information Representative; 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: J. Goffstein aye R. Berry aye J. Yates aye J. Buford aye E. Ross aye A. Mandel aye During closed session staff updated the Board on the legal strategy related to the confidential or privileged matters pursuant to §610.021(1), RSMO 1988 SUPP.; personnel actions under §610.021(3). No votes were taken. - - - - Upon motion made by Mr. Ross, seconded by Mr. Buford, the Journal of the January 10, 2013 meeting was approved by unanimous voice vote. - - - - The Chair had no comments. - - - - Mr. Ross reported that the Program Management Committee met on February 5, 2013 at 7:35 a.m. The meeting was attended by Trustees Ross, Berry, Mandel, Yates, Buford, and Goffstein. The minutes of the January 3, 2013 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Item 25 – Gravois Trunk Sanitary Relief Phase III – This ordinance will appropriate $80,000 in additional funds for the design of this project. Additional design costs were incurred outside the scope of the original contract. These costs included extensive coordination with Ameren, Union Pacific Railroad, MoDOT, Republic Services Recycling, and Trailnet. This ordinance would result in a total design appropriation to date of $602,000, or $98,000 less than the original design budget. Items 26, 27 & 28 – General Services Agreement Contracts – These ordinances will approve three $90,000 contracts for one year with two option years. In response to questions from the Committee, staff reported that these contracts are used on an individual work order basis to supplement staff during peak workloads, when MSD does not have internal expertise, or during emergencies. Internal staff is used to their fullest before engaging these staff extension contracts. Item 29 – Prospect Hill Landfill Expansion – This ordinance will provide design and permitting services to allow expansion of the Prospect Hill Landfill for incinerator ash disposal. Staff reported that $333,000 of the appropriation is for lump sum design and permit work. The remaining $254,000 is contingency for additional efforts often required by MDNR. The consultant will be allowed to use these contingency funds only with permission of District staff. Staff committed to reporting to the Committee any extensive use of this contingency. Items 30, 31 & 32 – Ashland Avenue, Jennings Station Road, & Partridge Avenue (Property Acquisitions) – These three ordinances will provide funds for the voluntary relocation of residents and the purchase and demolition of homes subject to flooding from surcharging combined sewers. The property will then be evaluated for storage or green development to further mitigate system capacity issues. The Committee asked about publicity planned around the Consent Decree required effort. Staff indicated that plans to publicize many combined City of St. Louis and MSD projects are again being discussed. Item 33 – Deer Creek Watershed Improvements – This ordinance provides funding for the design consultant’s participation in a Federal lawsuit filed by some of the residents on Fawnvalley Creek. Committee requested that the staff keep them up to date on the progress of the lawsuit and any opportunities to recover our costs from the plaintiffs. The Committee agreed to forward this item to the full Board and to consider for introduction and adoption. Item 12 – Consent Agenda, Clayton Central Storm Improvements – Staff notified the Committee that the name of the contractor on the agenda for this project has been changed from Pangea Engineering and Surveying, LLC to Pangea, Inc. to properly identify the company. No action is required by the Board except to consider this item for adoption as part of the Consent Agenda. Staff then stated the Intergovernmental Agreement Ordinance was being pulled from the agenda at this time, so there was no discussion on this item. Staff also discussed the results of three bid protests recently reviewed and the impact of the entire issue on the Capital Program. First, Jon Sprague indicated that he rejected the protests for the Creve Coeur Creek Public I/I Reduction, Fee Fee Creek Public I/I Reduction, and Infrastructure Repairs Contract C. Second, he indicated that due to the potential confusion by bidders regarding the application of the recent changes to the MWBE policies and the close proximity of subsequent bids for the same type of work, all bids were being rejected for these three projects as well as for Deer Creek/Maline Creek Public I/I Reduction and Galaxy Sanitary Sewer Rehabilitation and I/I Reduction. Third, staff discussed the proposed re-bid schedule required to meet Consent Decree requirements and that a pre-bid meeting for all projects would be held to allow for further presentation of the District’s MWBE requirements for these projects. Finally, staff responded to Committee questions regarding this topic as well as how any disparity study results might impact the bidding process. The meeting was adjourned at 8:34 a.m. - - - - Mr. Yates reported that the Audit Committee met on February 12, 2013 at 7:30 a.m. In attendance were Trustees Berry, Buford, Goffstein, Ross and Yates. The committee approved the minutes from the prior meeting. Mr. Loretta presented the February 2013 Review of Reimbursable Business Expenses for External Contractors report. He explained that the engagement was not identified as part of the original audit plan. He stated that the area of concern was identified as part of closed session inquiries made by the external auditors as part of the annual financial audit. Mr. Loretta explained that the scope included disbursements issued across all District departments for the period of June, 2011 through October, 2012. He explained the objectives and methodology used to perform the engagement and indicated that the overall engagement results received a “Generally Satisfactory” rating, as one significant issue was identified. The District currently does not have a policy that addresses the process for reimbursing external contractors for submitted business expenses. Internal Audit did note a few transactions in which supporting documentation was inadequate and expense amounts may have been excessive. Management’s response includes the development of a formal policy to be communicated with all District departments. Mr. Loretta presented the February 2013 Status of Prior Engagement Findings report. He briefly explained the components of the audit cycle, and emphasized the importance of the follow-up process. He provided a summary of the finding activity occurring since the performance of the follow-up procedures in June of 2012 and explained that there currently are 21 open engagement findings, for which he provided status details. There were no additional items on the agenda. The meeting adjourned at 7:55 a.m. - - - - Mr. Buford reported that the Finance Committee met on February 12, 2013. In attendance were Trustees Buford, Berry, Ross and Goffstein. The Committee approved minutes from the January 8, 2013 meeting. Mr. Berthold recommended the District enter into a contract with Mercury and Associates to provide the Maximo Transportation modular for the District’s fleet management services. This item will be presented on the March agenda. Mrs. Schaefer updated the Committee on a change in the District’s investment managers. She stated a transition manager will be hired to liquidate or transition securities to Holland Capital and T. Rowe Price. The transition to the new managers is expected to be completed by the end of the first quarter of FY14. Mr. Breig reviewed the treasury commercial paper listing as of December 31, 2012, based on an open internal audit item and noted the District is currently compliant. Mr. Breig and Mrs. Schaefer provided an update on the fund conversion of the Deferred Compensation and Defined Contribution Plans that was previously recommended by the District’s pension advisor, New England Pension Consultants (NEPC). This involves replacing the Life Strategy Funds with Life Cycle Funds. The Life Strategy funds require participants to proactively management their investments whereas the Life Cycle funds are managed by Vanguard and automatically move along an investment progression based on projected retirement age. Vanguard will provide training to all employees and this transition will be completed by 4/1/13. Mrs. Zimmerman presented the December 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. Mr. Sprague stated the five infrastructure repair projects held for further Stakeholder discussion have been advertised in preparation of a rebid in March. Mr. Berry asked for comments from the public. Mr. Steve Lewis, representing the AGC, commented on the rebidding of these projects as did Mr. Terry Briggs, representing SITE, and Mr. Todd Donoghue representing Insituform. The meeting adjourned at 8:40 a.m. - - - - Mr. Sprague reported that as mentioned in the Program Management Report, the District had three construction contracts that were the subject of bid protests. These contracts were sent through the appeal process, and reviewed by the Executive Director for final determination. After careful and diligent consideration, it has been determined that the protests were not substantiated. However, during the review of these protests, it became apparent that the best interest of the District may not be served in awarding these projects. After the Program Management Committee meeting, a number of stakeholders expressed the desire to speak on the subject. These stakeholders were given this opportunity at the Finance Committee meeting. Because of these concerns, it was determined that the bids on all three construction contracts under protest be rejected and rebid. In addition, due to the same concerns, the District has also rejected the bids on two additional projects that were introduced last month. The Deer Creek/Maline Creek Public I/I Reduction and Galaxy Sanitary Sewer Rehab and I/I Reduction projects have been removed from tonight’s consent agenda. The District has been in communication with all bidders involved, so that going forward there is clear understanding of the District’s policies. Because of the critical nature of these projects, the District has already re-advertised these contracts. In March 2012, after extensive consideration of stakeholder input, the Board of Trustees adopted a resolution that voiced the District’s commitment to utilization of certified Minority and Women Business Enterprises and minority and female workforces in all aspects of its contracting activities. This Resolution, No. 3017, set both interim MWBE inclusion goals as well as committed to contracting for a Disparity Study. The purpose of the Disparity Study is to compare the District’s women and minority utilization to the community’s availability, identify and recommend goals for any disparities that exist. This was to be done on both sub-contractor and workforce disparities and for the construction and professional services. I am pleased to announce that this Draft Disparity study is complete and will be made available to the public tomorrow via our website. The findings of this study verify concerns voiced by the minority community on disparities within our construction contracts and workforce. It also validates the strength of the District’s program for professional services contracting. A public outreach meeting to discuss this study and its findings is scheduled for Monday, February 25, 2013 at 9:00 a.m., at the St. Louis Community College at Florissant Valley. We encourage our contractors and stakeholders to attend. Again this information will be posted tomorrow on our website at www.stlmsd.com. - - - - Mr. Tom Sullivan addressed the Board and requested the status of the Executive Director search and asked why the District was not using an outside firm to which Mr. Berry responded that the Board of Trustees decided not to use an outside firm, but still conducted a national search. This national search resulted in 33 applicants and the staff is reviewing their qualifications to then present to the Board. Mr. Sullivan also requested the status on the lawsuit related to the stormwater charges and how much the District has spent on ligation. Mr. Berry responded that the District is waiting on the Missouri Supreme Court to hear the case and at this time, the cost of the litigation is not known. - - - - Mr. Steve Lewis addressed the Board and respectfully requested to have a meeting with the District to discuss the Disparity Study. Mr. Berry stated that on February 25 there will be a public meeting. Mr. Lewis asked for a separate meeting and Mr. Sprague stated, at this time, Dr. Ramsey and Mason Tillman will discuss the study on February 25. - - - - CONSENT AGENDA ADOPTION OF PROPOSED ORD. NO. 13562 APPROPRIATING $17,380,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF THE MISSOURI RIVER WWTP SECONDARY TREATMENT EXPANSION AND DISINFECTION FACILITIES (10710), IN THE CITY OF MARYLAND HEIGHTS, MISSOURI UNDER CONTRACT NO. 10597 AS APPROVED BY ORDINANCE NO. 13220, ADOPTED MARCH 10, 2011. ADOPTION OF PROPOSED ORD. NO. 13563 APPROPRIATING $1,450,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN RDP FOULWATER INTERCEPTOR REHABILITATION (PHASE I): VENT PIPES (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 AFORESAID SANITARY SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13564 APPROPRIATING $240,000.00 FROM THE OPERATIONS, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF CLAYTON CENTRAL TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF STORM SEWERS IN CLAYTON CENTRAL STORM IMPROVEMENTS (11103) 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 PANGEA GROUP FOR THE AFORESAID CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 13565 APPROPRIATING $1,500,000.00 FROM THE GENERAL FUND TO BE USED FOR CCTV INSPECTION AND PHYSICAL INSPECTION OF SEWERS - NORTH (10376),AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 9 TO CONTRACT NO. 10615 WITH ADS ENVIRONMENTAL SERVICES, LLC FOR CCTV INSPECTION AND PHYSICAL INSPECTION OF SEWERS - NORTH (10376). ADOPTION OF PROPOSED ORD. NO. 13566 APPROPRIATING $1,500,000.00 FROM THE GENERAL FUND TO BE USED FOR CCTV INSPECTION AND PHYSICAL INSPECTION OF SEWERS - SOUTH (10377), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 7 TO CONTRACT NO. 10616 WITH ACE PIPE CLEANING, INC. FOR CCTV INSPECTION AND PHYSICAL INSPECTION OF SEWERS - SOUTH (10377). ADOPTION OF PROPOSED ORD. NO. 13567 APPROPRIATING $50,000.00 FROM THE GENERAL FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT B (10627) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 2 TO CONTRACT NO. 10411 WITH KOWELMAN ENGINEERING, INC. FOR GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT B (10627) FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13568 APPROPRIATING $50,000.00 FROM THE GENERAL FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT C (10628) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 2 TO CONTRACT NO. 10412 WITH SABUR SURVEYING, INC. FOR GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT C (10628) FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13569 APPROPRIATING $50,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT E (10630) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 2 TO CONTRACT NO. 10414 WITH VOLZ INCORPORATED FOR GENERAL SERVICES AGREEMENT - SURVEY SERVICES (FY2011) CONTRACT E (10630) FOR THE SURVEYING SERVICES, INCLUDING LAND SURVEYS, PROPERTY STRIP MAPS, EASEMENTS AND OTHER GENERAL SURVEYING SERVICES. ADOPTION OF PROPOSED ORD. NO. 13570 APPROPRIATING $82,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR HIGH MEADOW ROAD STORM SEWER (FRONTENAC 2-2) (11217) IN THE CITY OF FRONTENAC, 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 FRONTENAC, MISSOURI TO PROVIDE FINANCIAL ASSISTANCE FOR DRAINAGE IMPROVEMENTS ON FLOOD-PRONE PROPERTIES. ADOPTION OF PROPOSED ORD. NO. 13571 APPROPRIATING $85,000.00 FROM THE OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUND OF DEER CREEK FOR CAROLE LANE STORM IMPROVEMENTS (FRONTENAC 6-1) (11241) IN THE CITY OF FRONTENAC, 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 FRONTENAC, MISSOURI TO PROVIDE FINANCIAL ASSISTANCE FOR DRAINAGE IMPROVEMENTS ON FLOOD-PRONE PROPERTIES. Motion made by Mr. Ross, seconded by Mr. Yates, that the Consent Agenda be adopted. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye M. Yates aye J. Goffstein aye J. Buford aye R. Berry aye A. Mandel aye The Chair declared the Consent Agenda adopted. - - - - UNFINISHED BUSINESS Ordinances None Resolutions None - - - - NEW BUSINESS Ordinances INTRODUCTION OF PROPOSED ORD. NO. 13572 REPEALING ORDINANCE NO. 11479 ADOPTED MAY 22, 2003 AND ENACTING A NEW ORDINANCE IN LIEU THEREOF AND APPROPRIATING $65,000.00 FROM THE OPERATION, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF GRAVOIS CREEK TO PROVIDE FLOOD PROOFING PROTECTION IN EAST WATSON AND KATHY CT. STORM IMPROVEMENT (10588), IN THE CITIES OF SUNSET HILLS AND CRESTWOOD, MISSOURI. Proposed Ord. No. 13572 was presented and read. The work to be done consists of the floodproofing of three residential structures at #10209, 10215, and 10221 East Watson Road. The homeowners will contract for the work and the District will provide funding after verification of installation of acceptable devices per the floodproofing manual and policies. Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13572 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13573 APPROPRIATING $370,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN PAGE AVE. & LINDBERGH SANITARY SEWER (10725) 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 MIDWEST MOLE, INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13573 was presented and read. The work to be done under Contract #20013 consists of the construction of approximately 478 lineal feet of 12-inch diameter pipe in tunnel, 257 lineal feet of pipe sewers varying in size from 8-inches to 12-inches in diameter, and appurtenances. The purpose of this project is to alleviate sanitary sewer overflows due to blockages of the existing sewer line. This project is scheduled to be completed in 120 days. Motion by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13573 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13574 APPROPRIATING $1,250,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN PROVIDENCE PLACE SANITARY RELIEF (10184) 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 METRO UTILITIES, LLC FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13574 was presented and read. The work to be done under Contract #20022 consists of the construction of approximately 1,979 lineal feet of 15-inch diameter sanitary sewers and appurtenances. The purpose of this project is to alleviate sanitary backups and overcharged sanitary sewers. This project is scheduled to be completed in 315 days. Motion by Mr. Berry, seconded by Mr. Yates that proposed Ord. No. 13574 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13575 APPROPRIATING $5,100,000.00 FROM THE MERAMEC RIVER BASIN SUBDISTRICT #449 AND $2,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN RIVERSIDE AND YARNELL SANITARY RELIEF (SKME-400) (10146), IN CITY OF FENTON, 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. 13575 was presented and read. The work to be done under Contract #11007 consists of the construction of approximately 12,900 lineal feet of 8-inch to 48- inch sanitary relief sewers and appurtenances. The purpose of this project is to alleviate building backups and overcharged sanitary sewers. This project is scheduled to be completed in 915 days. Motion made by Mr. Yates, seconded by Mr. Ross that proposed Ord. No. 13575 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13576 APPROPRIATING $3,800,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTION OF SANITARY SEWERS IN UPPER MALINE TRUNK SANITARY RELIEF PHASE III SECTION C (10782) IN CITY OF FERGUSON 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 J.H. BERRA CONSTRUCTION CO., INC. FOR THE AFORESAID CONSTRUCTION. Proposed Ord. No. 13576 was presented and read. The work to be done under Contract #20003 consists of the construction of approximately 4,150 lineal feet of 8-inch diameter to 54-inch diameter sanitary sewers and appurtenances. This construction is the third phase of a multi-phase project. The purpose of this project is to alleviate building backups and overloaded sanitary sewers. This project will eliminate one (1) SSO (BP-303). This project is scheduled to be completed in 525 days. Motion made by Mr. Yates, seconded by Mr. Berry that proposed Ord. No. 13576 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. yates aye A. Mandel aye INTRODUCTION OF PROPOSED NO. 13577 MAKING AN APPROPRIATION OF $80,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN OF GRAVOIS TRUNK (WHITECLIFF TO RDP) SANITARY RELIEF PHASE III (10496 & E-1159) AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 7 OF CONTRACT #20009 WITH EDM INCORPORATED, FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13577 was presented and read. This ordinance authorizes the District to enter into Amendment No. 7 under Contract #20009 with EDM Incorporated for the design and preparation of construction documents for approximately 3,740 feet of 84-inch to 90- inch diameter sanitary sewer and appurtenances. The preliminary estimate of all costs associated with sewer construction, railroad removal and replacement, relocation of AmerenUE facilities, and impact to a local business is $17,135,000.00. This is the third of a 14-phase project to provide for the elimination of 23 sanitary bypasses after the Lemay No. 1 pump station is improved. Motion made by Mr. Berry, seconded by Mr. Buford that proposed Ord. No. 13577 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13578 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT A (11779) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20026 WITH TETRA TECH, INC. FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY 2013) CONTRACT A (11779). Proposed Ord. No. 13578 was presented and read. This ordinance authorizes the District to enter into Contract #20026 for one year with two option years with Tetra Tech, Inc. for the design of various projects. This project consists of the design of small sanitary and combined sewer projects as needed throughout the District in support of an ongoing internal design effort. This contract is for a total maximum contract amount of $90,000. Projects will be issued by letter agreement per individual scopes of services. Motion made by Mr. Berry, seconded by Mr. Ross that proposed Ord. No. 13578 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13579 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT B (11780) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20027 WITH VANCE ENGINEERING, INC. FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY 2013) CONTRACT B (11780). Proposed Ord. No. 13579 was presented and read. This ordinance authorizes the District to enter into Contract #20027 for one year with two option years with Vance Engineering, Inc. for the design of various projects. This project consists of the design of small sanitary and combined sewer projects as needed throughout the District in support of an ongoing internal design effort. This contract is for a total maximum contract amount of $90,000. Projects will be issued by letter agreement per individual scopes of services. Motion made by Mr. Buford, seconded by Mr. Yates that proposed Ord. No. 13579 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13580 APPROPRIATING $90,000.00 FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR THE GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT C (11781) THROUGHOUT THE DISTRICT, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY- TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20028 WITH SHALOM SERVICES CORPORATION FOR GENERAL SERVICES AGREEMENT - SEWER DESIGN (FY2013) CONTRACT C (11781). Proposed Ord. No. 13580 was presented and read. This ordinance authorizes the District to enter into Contract #20028 for one year with two option years with Shalom Services Corporation for the design of various projects. This project consists of the design of small sanitary and combined sewer projects as needed throughout the District in support of an ongoing internal design effort. This contract is for a total maximum contract amount of $90,000. Projects will be issued by letter agreement per individual scopes of services. Motion made by Mr. Yates, seconded by Mr. Berry that proposed Ord. No. 13580 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13581 APPROPRIATING $587,000.00 FROM THE SANITARY REPLACEMENT FUND FOR ENGINEERING SERVICES FOR THE DESIGN OF PROSPECT HILL LANDFILL VERTICAL EXPANSION (11094), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT #20029 WITH HORNER & SHIFRIN, INC. FOR THE DESIGN OF THIS PROJECT. Proposed Ord. No. 13581 was presented and read. This ordinance authorizes the District to enter into Contract #20029 with Horner & Shifrin Inc. for the permitting design of Prospect Hill Landfill Vertical Expansion (11094) project. This project consists of preparing the documents for a permit application to MDNR and the design and preparation of construction documents for landfill improvements and appurtenances to upgrade the landfill. This project will provide additional landfill capacity for incinerator ash extending the useful life expectancy by approximately eight years and 1,398,000 cubic yards of incinerator ash fill. A detailed cost estimate will be developed as part of the design process and depending on MDNR approval. Construction is anticipated to begin in FY2015. Motion made by Mr. Ross, seconded by Mr. Yates that proposed Ord. No. 13581 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13582 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITY OF ST. LOUIS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE ASHLAND AVENUE – CLARA TO BELT (PROPERTY ACQUISITION) (11862); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Proposed Ord. No. 13582 was presented and read. Acquisition of properties in the area of the 5500 block of Ashland, in the City of St. Louis, to allow the removal of improvements in this area that are prone to flooding due to inadequate sewer capacity and drainage, and to enable the potential construction of a detention basin; to relieve combined sewer overflows (CSO), basement backups and flooding in a low elevation area containing a major trunk sewer. The effort will include the acquisition of the properties through negotiation and/or condemnation if necessary, demolition of approximately 31 structures and securing the site. Through the approval of this Board action, District Staff will be authorized to negotiate with property owners and purchase all properties included in the scope without further Board action. Additional Board action will be necessary in the event an agreement cannot be reached with the property owners. A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The consultant will perform all services in accordance with the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). The District will contract for the demolition, asbestos removal, and final restoration of the site and structures under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. Any development of a detention basin would be funded by a separate Board action. Motion made by Mr. Buford, seconded by Mr. Berry that proposed Ord. No. 13582 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSE ORD. NO. 13583 APPROPRIATING $2,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITIES OF JENNINGS AND FLORDELL HILLS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE JENNINGS STATION ROAD/NORTH BADEN BASIN (PROPERTY ACQUISITION) (11140); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Proposed Ord. No. 13583 was presented and read. Acquisition of properties in the area of the 5700 block of Jennings Station Road in the City of Flordell Hills and Jennings, to allow the removal of improvements in this area that are prone to flooding due to inadequate sewer capacity and drainage, and to enable the potential construction of a detention basin; to relieve combined sewer overflows (CSO), basement backups and flooding in a low elevation area containing a major trunk sewer. The effort will include the acquisition of the properties through negotiation and/or condemnation if necessary, demolition of approximately 31 structures and securing the site. Through the approval of this Board action, District Staff will be authorized to negotiate with property owners and purchase all properties included in the scope without further Board action. Additional Board action will be necessary in the event an agreement cannot be reached with the property owners. A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The consultant will perform all services in accordance with the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). The District will contract for the demolition, asbestos removal, and final restoration of the site and structures under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. Any development of a detention basin would be funded by a separate Board action. Motion made by Mr. Yates, seconded by Mr. Ross that proposed Ord. No. 13583 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION OF PROPOSED ORD. NO. 13584 APPROPRIATING $1,000,000.00 FROM THE SANITARY REPLACEMENT FUND FOR THE ACQUISITION, TRANSFER, CLOSING APPROVAL, DEMOLITION, AND RELATED ACTIVITIES FOR REAL PROPERTY IN THE CITY OF ST. LOUIS, MISSOURI, FOR FLOOD MITIGATION PURPOSE FOR THE PARTRIDGE AVENUE 8500 BLOCK COMBINED SEWER RELIEF (PROPERTY ACQUISITION) (11828); AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ACQUIRE, TRANSFER, APPROVE CLOSING, DEMOLISH AND PERFORM RELATED ACTIVITIES FOR REAL PROPERTY NECESSARY FOR THE ABOVE PROJECT. Proposed Ord. No. 13584 was presented and read. Acquisition of properties in the area of the 8500 block of Partridge, in the City of St. Louis, to allow the removal of improvements in this area that are prone to flooding due to inadequate sewer capacity and drainage, and to enable the potential construction of a detention basin; to relieve combined sewer overflows (CSO), basement backups and flooding in a low elevation area containing a major trunk sewer. The effort will include the acquisition of the properties through negotiation and/or condemnation if necessary, demolition of approximately 10 structures and securing the site. Through the approval of this Board action, District Staff will be authorized to negotiate with property owners and purchase all properties included in the scope without further Board action. Additional Board action will be necessary in the event an agreement cannot be reached with the property owners. A real property acquisition consultant will perform all negotiations and management of the property acquisition from the first contact with the owners through the closing. The consultant will perform all services in accordance with the Code of Federal Regulations Uniform Relocations and Real Property Assistance Act (49CFR Part 24, amended). The District will contract for the demolition, asbestos removal, and final restoration of the site and structures under separate contracts through the Purchasing Division. All of these activities will be funded from this appropriation. Any development of a detention basin would be funded by a separate Board action. Motion made by Mr. Yates, seconded by Mr. Buford that proposed Ord. No. 13584 be introduced. Motion passed – 6 ayes, no nays Poll taken: E. Ross aye R. Berry aye J. Goffstein aye J. Buford aye M. Yates aye A. Mandel aye INTRODUCTION AND ADOPTION OF PROPOSED ORD. NO. 13585 MAKING AN APPROPRIATION OF $13,000.00 FROM THE OPERATIONS, MAINTENANCE, CONSTRUCTION AND IMPROVEMENT FUND OF DEER CREEK FOR THE DESIGN OF DEER CREEK WATERSHED STORM CHANNEL IMPROVEMENTS (10327 & E-1251), AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AMENDMENT NO. 5 OF CONTRACT #10958 WITH STANTEC CONSULTING SERVICES, INC., FOR THE AFORESAID ENGINEERING SERVICES. Proposed Ord. No. 13585 was presented and read. This ordinance authorizes the District to enter into Amendment No. 5 under Contract #10958 with Stantec Consulting Services Inc. for litigation services for Fawnvalley Storm Channel Improvements (10192) designed under this contract. Motion by Mr. Yates seconded by Mr. Buford that proposed Ord. No. 13585 be introduced. Motion made, seconded and unanimously adopted to suspend the rules to allow for adoption of proposed Ord. No. 13585. Motion made by Ms. Mandel, seconded by Mr. Buford that proposed Ord. No. 13585 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. 13585 adopted. Resolutions ADOPTION OF RESOLUTION NO. 3070 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO JEFFREY L. THEERMAN FOR HIS 28 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM OCTOBER 8, 1984, TO HIS RETIREMENT EFFECTIVE FEBRUARY 1, 2013. Resolution No. 3070 was presented and read. ADOPTION OF RESOLUTION NO. 3071 EXPRESSING THE BOARD OF TRUSTEES’ APPRECIATION TO FRANCIS X. KAISER FOR HIS 24 YEARS OF EXEMPLARY SERVICE TO THE METROPOLITAN ST. LOUIS SEWER DISTRICT FROM JANUARY 3, 1989, TO HIS RETIREMENT EFFECTIVE FEBRUARY 1, 2013. Resolution No. 3071 was presented and read. Motion made by Mr. Ross, seconded by Mr. Buford that Resolution Nos. 3070 and 3071 be adopted. Motion passed – voice vote, all ayes - - - - Upon motion made Mr. Buford, seconded by Mr. Goffstein, and unanimously passed, the meeting adjourned at 5:30 p.m. Secretary-Treasurer