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HomeMy Public PortalAbout1574th Board Journal 2-11-20162/29/16 Pg. 1 JOURNAL OF THE (1574th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT February 11, 2016 at 5:00 p.m. The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at the meeting were: Board of Trustees Staff Members M.E. Yates, Chair B.L. Hoelscher, Executive Director A.K. Mandel T.R. Snoke, Secretary-Treasurer R.L. Bonner S.M. Myers, General Counsel Rev. R.L. Bobo M. M. Gee, Director of Finance J. Singer (phone) R.L. Unverferth, Director of Engineering Also present were: Trustee Yates asked for roll call of all Trustees. Upon motion made by Trustee Yates, the 1574th meeting was called to order. ~ ~ ~ ~ ~ Tamara Clinton MSD Ed Laux RJN Group John Welch MSD Terry Briggs SITE Marie Collins MSD Tom Sullivan Ken Gambaro MSD Lawrence Nwachukwu Basilico Engineering Barbara Mohn MSD Doug Hickey HDR Todd Loretto MSD Sean Devoy AECOM John Strahlman MSD Jeff King RJN Shonnah Parades MSD Jim Coll Jacobs Vickie Edwards MSD Tim Tappendorf CMT Lance LeComb MSD Mark Kollitz Burns and McDonnell Sean Hadley MSD Rebecca Howley GBA Gregory Tolcou MSD Paula Hart Hart Engineering Cary Duchene Black and Veatch Zachary Hamilton Kwame Don Wille Liuna Betsy Foster Ronny Griffin Laborers Local Jim Foster Rebecca Losli Burns and McDonnell Tom Ratzki Black and Veatch Mike Grady UA562 Darline Crawley Fred Searcy Jr UA562 Nicole Young Lion CSG Christy Willson CDI Bob Januska Horner and Shifrin Matt Sczesny KMOV – TV Joy Ozier CBTU Noah Brooks KMOV – TV Ed Bell CBTU Chris & Shannon Johnson John A Chambers CBTU Theautry & Joyce Spears Robert Louis Jones CBTU Floydena Epting Acie Vanhook CBTU Eddie Peterson Magnolia Haynes Manshara Johnson Charline Patterson Will Johnsen William Washington Bob Blumer A.L.L. Construction Keith Thomas Robert Cottton Sr Lamont and Luz Brookfield Freddie Smith Barbara Peoples Doris Waterford Fannie Davis & Billie Jinkas Pauline Massenberg Natalie Macklin Charles Haynes Ruby Gill Almewee Williams Lois Moore Nathaniel & Karen Sanders 2/29/16 Pg. 2 Trustee Yates asked for the approval of the Journal of preceding minutes. Motion was made by Trustee Mandel and seconded by Trustee Bonner to approve the December 1st and 10th, 2015 Journal. The Journal was approved by unanimous vote. ~ ~ ~ ~ ~ Comments by the Chair: I have two items for this evening. First, I want to congratulate Trustee Mandel on her appointment to a second term on MSD’s Board of Trustees. Second, as many of your know, over the past three months, the Board of Trustees has heard presentations from the signatories of the Community Benefits Agreement and from the staff regarding the implementation of the CBA agreement, MSD’s latest disparity study and MSD’s diversity program in general. We believe that the CBA signatories and the MSD staff are fully committed to a successful diversity program here at MSD. The Board of Trustees takes all of the information it has received seriously and will report back to the community once we have fully evaluated all of the information presented. Thank you. ~ ~ ~ ~ ~ Trustee Mandel reported that the Stakeholder Relations Committee met at District Headquarters on Tuesday, February 2, 2016 at approximately 9:50 a.m. In addition to public attendance, those present at the meeting included Trustees Bonner, Faul, Mandel, Singer and Yates, as well as District Directors and staff. The first discussion item was presented by the Board regarding Prevailing Wage Rate for Relocation of Existing MSD Facilities. Trustee Faul began by indicating the Board's desire to reaffirm that existing facilities' work must be accepted through MSD's permitting process. This Resolution would ensure that any existing MSD facility owned by MSD being moved or altered for private purposes would require those performing the work to adhere to the Prevailing Wage laws. The adoption of this Resolution will help ensure qualified work on MSD’s existing infrastructure. This action will affirm the wage rate to be at least equal to the Missouri Prevailing Wage Rate at the time for work. This is Resolution No. 3283 on tonight's Agenda. The next item was an update on the December 2015 and January 2016 flooding events given by Jonathon Sprague, Rich Unverferth and Marion Gee. Jonathon began by reviewing the effect of the December 26 through 28 rains on MSD's systems and the impact of subsequent river flooding on various treatment plants. He then continued by discussing the status of the recovery efforts, progress of clean up and restoration of the treatment plants affected and the timeline of the ongoing efforts. Jonathon also informed the Board that full treatment processing was restored at the Grand Glaize Treatment Plant on January 15th. Rich Unverferth then provided an update on the status of the contractors performing the cleanup and recovery and the funding requirements to continue their efforts. 2/29/16 Pg. 3 Marion Gee then provided details on the funding of the recovery and costs associated with these efforts. He also provided an update on FEMA's response and what recovery funding can be expected and anticipated timing of their response. Jonathon continued by recapping the actions required by the Board to procure and appropriate funding for the contracts, equipment, materials and expenses related to the recovery and repair efforts. Jonathon concluded by assuring the Board that weekly and monthly communications will continue to be provided detailing the progress of all efforts and if further action will be required. A motion was made by Trustee Mandel at approximately 10:20 a.m. to go into Closed Session. A motion was made by Trustee Yates and seconded by Trustee Faul at approximately 11:45 a.m. to end Closed Session and the meeting was then adjourned. The next meeting is tentatively scheduled for Tuesday, March 1, 2016. ~ ~ ~ ~ ~ Trustee Bobo reported that The Program Management Committee met on February 2, 2016 at 8:10 a.m. The meeting was attended by trustees Faul, Bonner, Mandel, Yates, Bobo, and Singer. The minutes of the January 5, 2016 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Ord. No. 14331 – Caulks Creek Trunk Sewer – Staff provided details of the project and had a brief discussion regarding the low bidder Gershenson Construction’s past performance on meeting District workforce requirements. Ord. No. 14333 – Sherwyn Sanitary Relief – Staff discussed the project and answered questions from the Committee on why the project was over the project budget. Mr. Unverferth briefed the Committee on the current bid environment, price increases experienced the latter half of 2015, and its impact on the overall Capital budget. The District has not changed the scopes of projects or the manner in which it is bidding, but has seen an increase in the number of contractors bidding on MSD projects early in 2016. Ord. No. 14334 – Upper Maline Sanitary Relief Phase Four – Staff provided details of the project and discussed circumstances of the re-bidding of the project due to initial bids being deemed non-responsive for failing to conform to MBE goals. The original low bidder that was deemed non-responsive was Super Excavators. The new low bidder was SAK Construction. There was brief discussion on SAK’s record for meeting workforce, and vendor inclusion and regarding Williams Tunneling, a named minority vendor for the project. Staff updated the Committee on property owners (the Fosters) that are currently in easement negotiations with MSD on the Deer Creek Sanitary Tunnel project. The Fosters attended the January Board meeting to discuss their displeasure with the MSD easement acquisition process. Staff discussed the circumstances and timeline surrounding this critical project, indicated that the time between initial contacts with the property owner, and receiving the District’s letter for condemnation was brief and that in hindsight staff should have held the letter for additional negotiations. Negotiations have resumed. The Committee asked staff to consider the timing and appropriateness of future condemnation letters to ensure a fair and cordial process. The meeting was adjourned at 8:44 a.m. The next Committee meeting is tentatively scheduled for Tuesday, March 1, 2016 at 8:00 a.m. ~ ~ ~ ~ ~ 2/29/16 Pg. 4 Trustee Bonner reported that the Finance Committee met on February 2, 2016 with Trustees Faul, Yates, Mandel, Bonner, Singer and Bobo in attendance. The minutes from the January 5, 2016 meeting were approved. The first item discussed on the agenda was the Pension Plan. Richard Marra from Pavilion, the District's pension investment advisor, provided a status of MSD's pension portfolio as of December 2015. During the fourth quarter, the Plan slightly underperformed its benchmark, reporting a return of 1.6% while the Policy Benchmark reported a return of 1.8%. On a trailing one-year basis, the Plan reported a loss of -0.7%, outperforming the Policy Benchmark return of -1.4%. Kerry Elsass, Pavilion, then reported on the Deferred Compensation Plan and the Defined Contribution Plan. Balanced and target date retirement fund returns were positive for the quarter due to relatively stronger equity markets. Staff then reported on the current financial condition of the District indicating it continues to be financially stable and is on target to meet budget goals. Staff indicated that an additional appropriation to the Water Backup Fund may be needed in the future due to the December rain/flood event. The quarterly December 2015 Adjustment Review Committee report was accepted into the record as required by ordinance. The next item discussed on the agenda was a resolution authorizing the staff to modify the Approved Depository Bank List by adding Citizens Financial Group as an Approved Depository Bank of the District. This will allow the District to continue to use BottomLine Technology’s Paymode-X service for vendor payments without any service charge and also possibly receive a rebate. BottomLine Technologies uses Citizens Financial Group to clear the daily transactions. This will be Resolution Number 3262 on tonight’s agenda. Staff reported on the District's Operating Fund Portfolio as of January 2016. The portfolio is in compliance with the District’s investment policy. Next on the agenda was the introduction of Brian Hextell and Dean DiBias of Prudent Man Advisors (PMA). The Committee was updated on the company’s investment philosophy and process. PMA will provide the District with investment management advice. The meeting adjourned at 9:43 a.m. The next tentatively scheduled meeting is Tuesday, March 1, 2016. This concludes the Finance Committee Report. ~ ~ ~ ~ ~ Trustee Mandel reported that The Audit Committee met at 7:30 AM on Tuesday, February 2, 2016. In attendance were Trustees Yates, Bobo, Bonner, Faul, Mandel, and Singer. The Committee approved the minutes from the December 1 meeting. The Chairman had no comments. Staff presented the report for the engagement titled “Process Review – Construction Change Orders”, which focused on the procedures and controls for the processing and execution of construction change orders. The engagement included detailed testing of change order transactions for the three-year scope period of January 1, 2012 through December 31, 2014. Staff presented and explained the scope, objectives and methodology used for the engagement. The engagement received a satisfactory rating, as no significant issues were identified for the engagement. Three Opportunities for Improvement were identified. Questions and concerns were addressed by Staff as they were received from the Committee. Staff then made a presentation regarding the District management audit to be performed in 2016. As required by Charter section 7.060, such an audit is required to be performed every five years by a nationally recognized firm to be engaged by the Board. 2/29/16 Pg. 5 The last such engagement was performed in 2011. By Charter, firms are not allowed to perform consecutive management audits. Staff went on to explain the basic, typically broad, components of most management audits. Staff also described the focus and scope that was utilized for the two previous management audits. With this information in mind, staff presented potential scopes for the 2016 audit. Requests for proposals will be sent out and processed for presentation to the Board in the coming months. Questions were addressed by Staff as they were received from the Committee. The meeting adjourned at approximately 8:10 am. The next meeting is tentatively scheduled for Tuesday, March 1, 2016. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ The Executive Director thanked the chair and presented two items to the Board. First, as I reported at a previous Board meeting, the design for the recently completed Missouri River Wastewater Treatment Plant Secondary Treatment Expansion won the Grand Award in the category of Wastewater from the Missouri American Council of Engineering Companies for engineering excellence. This was a truly impressive award and demonstrated the skill and commitment of MSD’s staff and the consulting engineers working for us. On Saturday, February 6th, this same project was awarded the Grand Conceptor Award as the most outstanding design project in the whole State of Missouri. I would like to take a moment to recognize those District employees in attendance, Ken Gambaro and Greg Tolcou, who were involved in this project. Second, I’d like to ask the Director of Operations, Jon Sprague, to give the quarterly Regulatory Report. Jon Sprague provided the Board with a look at the 4th Quarterly Regulatory Report for 2015 and noted that the numbers were not up to our usual standards. 2015 turned out to be the wettest year in St. Louis history with the wettest December and second wettest summer in history. Jon Sprague reported that MSD plant compliance measures our wastewater treatment plants and their compliance with National permits. The customer service areas relate to how well we maintain our customer responses from emergency calls with measurements of most urgent calls. Our collection system measures how many overflows, basement backups and improvements on the removal of the overflows in the system. MSD had perfect compliance at the plants during the first two quarters and had four violations in 2015, due to heavy rains. MSD’s emergency customer response internal goal is to respond to 90% of calls within four hours in dryer quarters, but we did not make our numbers in the wetter quarters. Jon explained that maintenance related building backups are dry backups. We had a high number of homes that were affected due to one dry backup during big rains. Jon went further to explain that maintenance related overflows is where sewage may come out of the manholes or overflow into the creeks. MSD had 57 overflows this quarter related to pump station failures. Jon explained that capacity related building backups are rain related basement backups, and cannot be fixed with maintenance, and it would require projects for improvements of larger pipes in the system. Total constructed overflows are required, per consent decree, to be removed and are illegal. MSD started with 206 constructed overflows and now MSD is down to 137. Jon noted that as bad as the quarter and year was, MSD has made great strides over the last seven years with proactive cleaning and rehab of the systems to bring the numbers down to 1/3 of the levels of what they were eight years ago. 2/29/16 Pg. 6 Thank you Mr. Chairman, this concludes my report. ~ ~ ~ ~ ~ Comments from the Public: Trustee Yates notified the public of the five minute rule per speaker. Several individuals spoke tonight about the troubles they have and are experiencing due to the Maline Creek in North County within the Cedar Hurst community near Hathaway Manor. 2/29/16 Pg. 7 Lance addressed the Board to remind them of this issue, which was raised by Trustee Bonner at the Stakeholder Relations meeting. There are about 20-25 members from Cedar Hurst community that have come tonight to express their concerns. Lance spoke with the individuals briefly before the board meeting and offered to meet with them after the comments section to share findings to date or to wait until after the Board meeting. Lance noted that there may also be a few individual with issues that need to be addressed outside of the erosion issues as a result of the December floods. Lance believes that MSD is in a good position to share a decision with the group and about what the follow-up may look like. • Lamont Brookfield – lost fence and has sinkholes in yard, electric company has reinstalled 3 electrical poles since he’s lived at the property. He would like someone to come out and inspect the situation. • Manshara Johnson – drastic erosion of land, house near falling into the creek. What can be done? Would like someone to come inspect the situation. • Theautry Spears – has lived in home nearly 30 years and has watched the problems increase, believes Dunn road/270 improvements may have caused problems, worried he has to move, has documented pictures and understands that the road improvements were not initiated by MSD. • Pauline Massenberg – argues that no one wishes to take responsibility for the problems that have been occurring and wants to know how, who and when will it be fixed. • Freddie Smith – has lost 2 fences and has been told to move newer fence inwards to prevent 3rd loss, ground is spongy and she is afraid to walk into yard. She is scared her home may be condemned or will fall into the creek and she will be homeless. • Doris Waterford – trees and branches have fallen onto fence and damaged it, yard is soaked and spongy and no one can walk on it without concern, states that the problem has been going on for 20 years. • Almaree Williams, Caroline Cannon, Ruby Gill and Lois Moore – expressed that they had the same concerns and experiences as the others. • Ruby Gill – from Hathaway Manor South, noted she was a former trustee board member of 20 years and tried to work with MSD on this issue and worked with the State Rep Walton who got the Core Engineers involved. Stated that other areas have received concrete corrective actions in the creek to prevent erosion, homeowners are accumulating unexpected expenses due to problem, experiencing rodents and pests, and repetitive payments for same corrective actions. Ms. Gill noted that MSD has attended past Board Meetings and had promised corrective actions once the budgets were approved, but told later, that MSD did not have the funds. Ms. Gill asked for MSD to take action and provide repairs as promised. In addition, there were two other public comments that were not maline creek related. • Tom Sullivan addressed the Board with a few items. Mr. Sullivan noted that the new appointee James Singer has been absent from the past few Board meetings and questioned his availability. Mr. Sullivan requested information regarding the district costs from the impervious storm water billing program and asked for the request to be sent to the Board as well. Mr. Sullivan commented on the three proposed ordinances which were adopted for construction management services and not for actual construction or repairs in the amount of $400,000, $2,600,000.00 and 4,800,000.00. Mr. Sullivan stated that he has asked for information on how these funds are being spent and copies of this request should have been sent to the Board. 2/29/16 Pg. 8 Trustee Singer responded to Mr. Sullivan’s comments and informed the Board and Public that he is in attendance via phone and in full conformity of MSD Board rules. The Executive Director noted that the last two items, Mr. Sullivan mentioned, were being handled as sunshine requests and was forwarded to the Secretary Treasurer, Tim Snoke. • James Ozier addressed the Board and noted he came to talk about the CBA agreement. Mr. Ozier asked questions revolving around the $600 million dollars that has been spent on contracts and wanted to know 5 things: 1. Have minority contractors & workers received 30% of $600 million spent by MSD? 2. Have women construction workers received 7% of wages generated by the $600 million spent by MSD? 3. Have apprentices participated in 40% of the work generated by the $600 million in construction contracts? 4. Have minority workers received 18% of the professional service wages generated by the $600 million in MSD contracts? 5. Have women workers received 32% of the professional service wages generated by the $600 million in MSD contracts. Mr. Ozier stated that he could submit these 5 concerns to the Board in writing. ~ ~ ~ ~ ~ Trustee Yates moved to review the Consent Agenda. 2/29/16 Pg. 9 CONSENT AGENDA: ORDINANCES ADOPTION OF PROPOSED ORD. NO. 14302 - ROSEMARY, PHILO, & KATHLEEN SEWER SEPARATION (10748) APPROPRIATING TWO MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS ($2,120,000.00) FROM THE SANITARY REPLACEMENT FUND AND TWO MILLION FOUR HUNDRED TEN THOUSAND DOLLARS ($2,410,000.00) FROM THE OPERATION, MAINTENANCE, CONSTRUCTION, AND IMPROVEMENT FUND OF GRAVOIS CREEK TO BE USED FOR SANITARY SEWER CONSTRUCTION AND PRIVATE I/I REMOVAL IN ROSEMARY, PHILO, & KATHLEEN SEWER SEPARATION (10748) IN THE VILLAGE OF WILBUR PARK 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 CONTRACT NO. 20361 WITH UNNERSTALL CONTRACTING CO., LTD. FOR THE AFORESAID SANITARY SEWER CONSTRUCTION AND PRIVATE I/I REMOVAL. ADOPTION OF PROPOSED ORD. NO. 14313 - CELLA – ROLLING ROCK – GLEN CREEK I/I REDUCTION (PIR) STORM SEWER (12468) AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20366 WITH KJU DBA KJ UNNERSTALL CONSTRUCTION CO. FOR STORM SEWER CONSTRUCTION AND PRIVATE I/I REMOVAL IN CELLA- ROLLING ROCK- GLEN CREEK I/I REDUCTION (PIR) STORM SEWER (12468) IN THE CITY OF LADUE, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 14314 - CHANDELLAY DR. SANITARY SEWER REPLACEMENT (11009) APPROPRIATING EIGHT HUNDRED THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($835,400.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION IN CHANDELLAY DR. SANITARY SEWER REPLACEMENT (11009) 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 CONTRACT NO. 20333 WITH KOLB GRADING, LLC FOR THE AFORESAID SANITARY SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 14315 - DC-02 & DC-03 SANITARY RELIEF (BRENTWOOD BLVD TO CONWAY RD) PHASE I (10021) MAKING AN APPROPRIATION OF SIX MILLION DOLLARS ($6,000,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER CONSTRUCTION IN DC-02 & DC-03 SANITARY RELIEF (BRENTWOOD BLVD TO CONWAY RD) PHASE 1 (10021) 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 CONTRACT NO. 20368 WITH J.H. BERRA CONSTRUCTION CO., INC. FOR SANITARY SEWER CONSTRUCTION. ADOPTION OF PROPOSED ORD. NO. 14316 - INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2016) CONTRACT B (11868) APPROPRIATING FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS ($4,700,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR SANITARY SEWER REHABILITATION IN INFRASTRUCTURE REPAIRS (REHABILITATION) (FY2016) CONTRACT B (11868) IN THE CITY OF ST. LOUIS AND VARIOUS MUNICIPALITIES IN ST. LOUIS COUNTY, MISSOURI; AND AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO CONTRACT NO. 20345 WITH INSITUFORM TECHNOLOGIES USA, LLC FOR THE AFORESAID SANITARY SEWER REHABILITATION. 2/29/16 Pg. 10 CONSENT AGENDA: ADOPTION OF PROPOSED ORD. NO. 14317 - LEMAY PUMP STATIONS 1 AND 2 IMPROVEMENTS (PROCUREMENT PART 1) (12488) APPROPRIATING EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE EQUIPMENT PROCUREMENT IN LEMAY PUMP STATIONS 1 AND 2 IMPROVEMENTS (PROCUREMENT PART 1) (12488) 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 CONTRACT NO. 20386 WITH FLOWSERVE CORPORATION FOR THE AFORESAID PROCUREMENT. ADOPTION OF PROPOSED ORD. NO. 14318 - LEMAY PUMP STATIONS 1 AND 2 IMPROVEMENTS (PROCUREMENT PART 2) (12488) APPROPRIATING ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($164,000.00) FROM THE SANITARY REPLACEMENT FUND TO BE USED FOR PROJECT COSTS FOR THE EQUIPMENT PROCUREMENT IN LEMAY PUMP STATIONS 1 AND 2 IMPROVEMENTS (PROCUREMENT PART 2) (12488) 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 CONTRACT NO. 20387 WITH XYLEM WATER SOLUTIONS, USA, INC., FOR THE AFORESAID PROCUREMENT. ADOPTION OF PROPOSED ORD. NO. 14319 - EMERGENCY REPAIR #052 (CHESTERFIELD COMMONS PUMP STATION NO. 4, P-810) (12669) MAKING A SUPPLEMENTAL APPROPRIATION OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FROM THE WASTEWATER EMERGENCY FUND TO BE USED FOR EMERGENCY REPAIR IN EMERGENCY REPAIR #052 (CHESTERFIELD COMMONS PUMP STATION NO.4, P-810) (12669) IN THE CITY OF CHESTERFIELD, MISSOURI. ADOPTION OF PROPOSED ORD. NO. 14326 - DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY GENERAL INSURANCE FUND APPROPRIATION MAKING A SUPPLEMENTAL APPROPRIATION OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) TO THE GENERAL INSURANCE FUND TO COVER OPERATING EXPENSES INCURRED DUE TO THE DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY AT THE FENTON WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE MAINTENANCE FACILITY, THE MISSOURI RIVER WASTEWATER TREATMENT PLANT, AND VARIOUS FACILITIES, PUMP STATIONS AND COLLECTION SYSTEM PIPING THROUGHOUT THE METROPOLITAN SEWER DISTRICT SERVICE AREA; AND TRANSFER FUND BALANCES TOTALING TWO MILLION FIVE HUNDRED DOLLARS ($2,500,000.00) FROM THE GENERAL FUND (1101) TO THE GENERAL INSURANCE FUND (4105). ADOPTION OF PROPOSED ORD. NO. 14327 - DATA CENTER COLOCATION – NETWORK IMPLEMENTATION SERVICES AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY-TREASURER ON BEHALF OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT TO ENTER INTO AN AGREEMENT WITH THE NETELLIGENT CORPORATION FOR NETWORK IMPLEMENTATION SERVICES TO BE PERFORMED IN SUPPORT OF THE DISTRICT’S DATA CENTER COLOCATION PROJECT. 2/29/16 Pg. 11 ~ ~ ~ ~ ~ UNFINISHED BUSINESS ORDINANCES AMENDMENT AND ADOPTION OF PROPOSED ORD. NO. 14325 - DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY (12732) (SUPPLEMENTAL APPROPRIATION) MAKING A SUPPLEMENTAL APPROPRIATION OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM THE GENERAL FUND TO BE USED FOR EMERGENCY CONSTRUCTION, REPAIR, REPLACEMENT, REHABILITATION, DESIGN AND CONSTRUCTION MANAGEMENT COSTS ASSOCIATED WITH THE DECEMBER 2015 RAIN AND FLOOD EVENT EMERGENCY RESPONSE AND RECOVERY (12732) AT THE FENTON WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE WASTEWATER TREATMENT PLANT, THE GRAND GLAIZE MAINTENANCE FACILITY, THE MISSOURI RIVER WASTEWATER TREATMENT PLANT, AND VARIOUS FACILITIES, PUMP STATIONS AND COLLECTION SYSTEM PIPING THROUGHOUT THE METROPOLITAN SEWER DISTRICT SERVICE AREA. RESOLUTIONS None CONSENT AGENDA: ADOPTION OF PROPOSED ORD. NO. 14328 - MSD CUSTOMER SURVEYING 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 2016 CUSTOMER SATISFACTION SURVEYING SERVICES FOR THE DISTRICT. Motion was made by Trustee Yates, seconded by Trustee Bobo, that The consent agenda ordinance nos. 14302, 14313 - 14319, 14326 - 14328 be Adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye Motion was made by Trustee Bonner, seconded by Trustee Mandel, that The ordinance nos. 14325 be Amended Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye Motion was made by Trustee Mandel, seconded by Trustee Bonner, that The ordinance nos. 14325 be Adopted Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye 2/29/16 Pg. 12 ORDINANCES: INTRODUCTION OF AN ORDINANCE NO 14329, appropriating Seven Hundred Thousand Dollars ($700,000.00) from the Sanitary Replacement Fund and One Million One Hundred Thousand Dollars ($1,100,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Black Creek Subd #455 to be used for storm sewer construction, storm water detention, and private I/I removal in Ridgemoor Drive I/I Reduction & Storm Improvements (SKME-574) (10390) 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 Contract No. 20388 with Kolb Grading, LLC for the aforesaid storm sewer construction, storm water detention, and private I/I removal. Proposed Ord. No. 14329 was presented and read. The work to be done under Contract #20388 consists of the construction of approximately 1,260 lineal feet of pipe sewers varying in size from 8-inches to 21-inches in diameter and appurtenances, an underground stormwater detention system, and the removal of inflow sources at 18 properties. The purpose of this project is to reduce inflow/infiltration (I/I) in the Deer Creek watershed, and mitigate recurring stormwater flooding of residential properties. This project is scheduled to be completed in 300 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Ordinance No. 14329 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14330, appropriating Three Million Two Hundred Thousand Dollars ($3,200,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell - Coldwater - Missouri - Meramec Public I/I Reduction (2016) Contract D (12434) in the Cities of Bellefontaine Neighbors, Moline Acres, 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 Contract No. 20369 with Insituform Technologies USA, LLC for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No. 14330 was presented and read. The work to be done under Contract #20369 consists of the rehabilitation of approximately 34,366 lineal feet of pipe sewers varying in size from 6-inches to 24-inches in diameter using cured-in-place pipe (CIPP) methods, 167 manholes, 1,408 service connections, and 8 point repairs. The purpose of this project is to reduce inflow/infiltration (I/I) in the Maline Creek watershed. This project is scheduled to be completed in 550 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Ordinance No. 14330 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14331, making an appropriation of Four Million Dollars ($4,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Caulks Creek Trunk Sewer (SKME-011) Phase 1 (11720) in the City of Wildwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter Contract No. 20377 with Gershenson Construction Company for sanitary sewer construction. Proposed Ord. No. 14331 was presented and read. The work to be done under Contract #20377 consists of the construction of approximately 16,223 lineal feet of pipe sewers varying in size from 8-inch to 36-inch diameter sanitary 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 720 days. Motion was made by Trustee Mandel, seconded by Trustee Yates, that the Ordinance No. 14331 be introduced. Motion passed - 4 ayes – 1- abstention Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – abstain; J. Singer - aye 2/29/16 Pg. 13 ORDINANCES: INTRODUCTION OF AN ORDINANCE NO 14332, appropriating Seven Hundred Thousand Dollars ($700,000.00) from the Sanitary Replacement Fund to be used for private I/I removal in Paddock Creek I/I Reduction (Private) (11696) in the City of Florissant 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 Contract No. 20384 with Wehmeyer Farms, Inc. for the aforesaid private I/I removal. Proposed Ord. No.14332 was presented and read. The work to be done under Contract #20384 consists of the construction of approximately 604 lineal feet of pipe sewers varying in size from 12-inches to 15-inches in diameter, and the removal of inflow sources from 80 private properties. This construction is the first phase of a multi-phase improvement program. The purpose of this project is to reduce inflow/infiltration (I/I) in the Coldwater Creek watershed, reduce building backups, and relieve overcharged sanitary sewers. This project is scheduled to be completed in 275 days. Motion was made by Trustee Mandel, seconded by Trustee Bobo, that the Ordinance No. 14332 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14333, appropriating One Million Six Hundred Fifty Thousand Dollars ($1,650,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction and private I/I removal in Sherwyn Sanitary Relief (SKME-651) and I/I Reduction (10754) in the Cities of Creve Coeur and Frontenac, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20391 with Fred M. Luth & Sons, Inc. for the aforesaid sanitary sewer construction and private I/I removal. Proposed Ord. No. 14333 was presented and read. The work to be done under Contract #20391 consists of the construction of approximately 1,579 lineal feet of 8-inch to 15-inch diameter sanitary sewers and appurtenances, and the removal of inflow sources from 97 private properties. The purpose of this project is to reduce inflow/infiltration (I/I) in the Deer Creek watershed. This project will provide for the elimination of one (1) constructed SSO (BP-199) and one (1) additional constructed SSO (BP-203) after construction and post construction monitoring. This project is scheduled to be completed in 433 days. Motion was made by Trustee Mandel, seconded by Trustee Yates, that the Ordinance No. 14333 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14334, making an appropriation of Seven Million Five Hundred Thousand Dollars ($7,500,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Upper Maline Trunk Sanitary Relief Phase IV Section A (10026) in the 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 Contract No. 20349 with SAK Construction, LLC for sanitary sewer construction. Proposed Ord. No. 14334 was presented and read. The work to be done under Contract #20349 consists of the construction of approximately 597 lineal feet of pipe sewers varying in size from 8-inches to 48-inches in diameter, and 6,911 lineal feet of 42-inch to 48-inch pipe in tunnel, and appurtenances. This construction is the first phase of a multi-phase improvement program. The purpose of this project is to alleviate overcharged sewer mains and basement backups. This project will eliminate two (2) constructed SSOs (BP-304 & BP-305). This project is scheduled to be completed in 700 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Ordinance No. 14334 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye 2/29/16 Pg. 14 ORDINANCES: INTRODUCTION OF AN ORDINANCE NO 14335, appropriating Two Hundred Ten Thousand Dollars ($210,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Coldwater Creek to be used for channel stabilization in Herbert Ave. 4200-4400 Block Streambank Stabilization (11020) in the City of Woodson Terrace, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20379 with Ideal Landscape Construction, Inc. for the aforesaid channel stabilization. Proposed Ord. No. 14335 was presented and read. The work to be done under Contract #20379 consists of the construction of approximately 2,009 square yards of vegetated reinforced earthen swale, 1,072 square yards of rock lining, 37 lineal feet of 24-inch diameter pipe sewers, and appurtenances. The purpose of this project is to alleviate structure flooding and yard erosion. This project is scheduled to be completed in 150 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Ordinance No. 14335 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14336, declaring the necessity for the acquisition of easements and temporary easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Upper Coldwater Section D I/I Reduction – 11681 in the Cities of Edmundson, Woodson Terrace and Berkeley, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase &/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Proposed Ord. No. 14336 was presented and read. This ordinance authorizes the staff to proceed with further condemnation efforts including the filing of all necessary court pleadings or documents leading to the acquisition of permanent sewer easements and temporary construction easements on two (2) parcels of ground located in the Cities of Edmundson, Woodson Terrace, and Berkeley, Missouri. These easements are needed to construct this project, which consists of the construction of approximately 2,912 feet of 12-inch storm sewers, and the removal of private I/I sources from sanitary sewers. The project will reduce inflow/infiltration (I/I) in the Coldwater Creek Watershed resulting in building backups and overcharged sanitary sewers. These easements have been appraised. Currently, the District has been unable to negotiate a settlement with the owners. Motion was made by Trustee Bonner, seconded by Trustee Mandel, that the Ordinance No. 14336 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14337, making a supplemental appropriation of Forty Thousand Dollars ($40,000.00) from the Sanitary Replacement Fund to be used for design of storm sewers, storm water detention, and private I/I removal in Ridgemoor Drive I/I Reduction & Storm Improvements (SKME-574) (10390) 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 Amendment No. 6 to Contract No. 10535 with Lochmueller Group, Inc., for the aforesaid design of storm sewers, storm water detention, and private I/I removal. 2/29/16 Pg. 15 ORDINANCES: Proposed Ord. No. 14337 was presented and read. This ordinance authorizes the District to enter into Amendment No. 6 to Contract #10535 with Lochmueller Group, Inc. This project consists of the design and preparation of construction documents for approximately 1,260 lineal feet of pipe sewers varying in size from 8- inches to 21-inches in diameter, an underground stormwater detention system, the removal of inflow sources at 18 properties, and appurtenances. The construction cost estimate is $1,830,000. Construction is anticipated to begin in 2016. The amended design appropriation is $445,000. Motion was made by Trustee Mandel, seconded by Trustee Bobo, that the Ordinance No. 14337 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF ORDINANCE NO 14338, making a supplemental appropriation of Two Hundred Fifty Thousand Dollars ($250,000.00) from the Sanitary Replacement Fund to be used for engineering services in DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase I (10021) in the Cities of Brentwood, Ladue, Rock Hill, and Webster Groves, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 10733 with Parsons Water & Infrastructure, Inc. for the aforesaid engineering services. Proposed Ord. No. 14338 was presented and read. This ordinance authorizes the District to amend Contract #10733 with Parsons Water & Infrastructure, Inc. for the design of the DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase I (10021) project as part of the Watershed Consultant services for all projects included in the Deer Creek Sanitary System Improvements (11110) project. DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase I (10021) is a lump sum cost project for design of approximately 23,000 lineal feet of 8-inch to 78-inch diameter sanitary sewer pipe and appurtenances. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Ordinance No. 14338 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye INTRODUCTION OF AN ORDINANCE NO 14339, making a supplemental appropriation of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the General Fund to be used for emergency construction, repair, replacement, rehabilitation, design and construction management costs associated with the December 2015 Rain and Flood Event Emergency Response and Recovery (12732) at the Fenton Wastewater Treatment Plant, the Grand Glaize Wastewater Treatment Plant, the Grand Glaize Maintenance Facility, the Missouri River Wastewater Treatment Plant, and various facilities, pump stations and collection system piping throughout the Metropolitan Sewer District Service Area. Proposed Ord. No. 14339 was presented and read. The on-going work consists of the assessment of damage to the Fenton, Gland Glaize, and Missouri River Wastewater Treatment Plants, the Grand Glaize Maintenance Facility, and all other facilities, pump stations and components of the collection system impacted by the December 2015 Rain and Flood Event; and repair/replacement/rehabilitation of assets at the plants, maintenance facilities, pump stations and within the collection system as necessary in order to place them back into service. Identify additional long-term repairs required to bring the facilities and collection system back to full functionality. Motion was made by Trustee Bonner, seconded by Trustee Bobo, that the Ordinance No. 14339 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye 2/29/16 Pg. 16 ORDINANCES: INTRODUCTION OF AN ORDINANCE NO 14340, making a supplemental appropriation of One Million One Hundred Thousand Dollars ($1,100,000.00) to the General Insurance Fund from the General Fund to cover operating expenses incurred due to the December 2015 Rain and Flood Event Emergency Response and Recovery at the Fenton Wastewater Treatment Plant, the Grand Glaize Wastewater Treatment Plant, the Grand Glaize Maintenance Facility, the Missouri River Wastewater Treatment Plant, and various facilities, pump stations and collection system piping throughout the Metropolitan Sewer District Service Area; and transfer fund balances totaling One Million One Hundred Thousand Dollars ($1,100,000.00) from the General Fund (1101) to the General Insurance Fund (4105) Proposed Ord. No. 14340 was presented and read. This ordinance supplements the General Insurance Fund (4105) budget by $1.1 million and authorizes the transfer of $1.1 million in unencumbered fund balance from the General Fund (1101) to the General Insurance Fund (4105). Motion was made by Trustee Bobo, seconded by Trustee Bonner, that the Ordinance No. 14340 be introduced. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye RESOLUTIONS: ADOPTION OF RESOLUTION NO. 3258, expressing the Board of Trustees appreciation to Michael S. Griffin, for his 36 years of exemplary service to the Metropolitan St. Louis Sewer District from July 19, 1979, to his retirement effective February 1, 2016. ADOPTION OF RESOLUTION NO. 3259, expressing the Board of Trustees appreciation to Brian K. Hollandsworth, for his 38 years of exemplary service to the Metropolitan St. Louis Sewer District from January 3, 1978, to his retirement effective February 1, 2016. ADOPTION OF RESOLUTION NO. 3260, expressing the Board of Trustees appreciation to Bennie E. Leathers, for his 45 years of exemplary service to the Metropolitan St. Louis Sewer District from September 15, 1970, to his retirement effective February 1, 2016. ADOPTION OF RESOLUTION NO. 3261, expressing the Board of Trustees appreciation to Patrick J. Limpert, for his 26 years of exemplary service to the Metropolitan St. Louis Sewer District from March 13, 1989 to his retirement effective February 1, 2016. Motion was made by Trustee Bobo, seconded by Trustee Mandel, that the Resolution No. 3258, 3259, 3260 & 3261 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye ADOPTION OF RESOLUTION NO. 3262, the adoption of Resolution No. 3262 will modify the list of Approved Depository Banks attached hereto as Exhibit A by adding Citizens Financial Group as an Approved Depository Bank of the District. Motion was made by Trustee Bonner, seconded by Trustee Bobo, that the Resolution No. 3262 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye 2/29/16 Pg. 17 RESOLUTIONS: ADOPTION OF RESOLUTION NO. 3263, the Metropolitan St. Louis Sewer District Board of Trustees desires the wage rate to be at least equal to the Missouri Prevailing Wage Rate at the time for any private development work requiring the relocation of existing MSD facilities and resulting in the alteration or reconstruction of MSD’s existing infrastructure in order to help ensure qualified people perform the work. Motion was made by Trustee Bonner, seconded by Trustee Yates, that the Resolution No. 3263 be adopted. Motion passed - 5 ayes – 0-nays Poll taken: M. Yates – aye; R. Bobo – aye; A. Mandel – aye; R. Bonner – aye; J. Singer - aye Upon motion made by Trustee Bobo and seconded by Trustee Yates, and unanimously passed, the meeting adjourned at 6:03 p.m. ~ ~ ~ ~ ~ Secretary-Treasurer