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HomeMy Public PortalAbout1588th Board Journal 2-9-2017Edited 3/10/17 Pg. 1 JOURNAL OF THE (1588th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT February 9, 2017 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 J.P. Faul, Vice Chair T.R. Snoke, Secretary-Treasurer (by phone) Rev. R. Bobo(absent) S.M. Myers, General Counsel A.K. Mandel M. M. Gee, Director of Finance J. Singer(phone) R.L. Unverferth, Director of Engineering R.L. Bonner Also present were: Tamara Clinton MSD Jittaun W. 2Women&aBroom Shonnah Parades MSD Tom Abkemeier Shannon & Wilson Jon Sprague MSD Ronny Griffin Laborers Local 110 Barbara Mohn MSD James Lankford Ascent Todd Loretta MSD Tom Ratzky Black & Veatch Lance LeComb MSD Fred Searcy Local 562 Abdulai Bah ABNA Eric Loveless Parsons Ed Laux RJN Group Walle Amusa OBAX Mike Grace MSD Lewis Shapiro JDC Tom Sullivan Jake Barden Kiewit Steve Lewis AGC of Missouri JD Glisson Greensfelder Lawrence Nwachukwu Basilico Ben Phillips PCS Jim Coll Burns and McDonnell Charlie Goodwin Goodwin Bros. Anton Lumpkins A.L.L. Construction Al Jones PCS Betsy Schubert MSD Cory Bailey PCS Tom DiPonio JD/FK Clinton Graham PCS Bob Blummer A.L.L. Construction Jerry Hunter Bryan Cave Dale Smith Geotechnology Lisa Treat MSD Will Sanders A-Plus Contract Yaphett El-Amin Mokan David Mizell ABNA Adolphus Pruitt NAACP Terry Scherer WSP-Parsons Brinckerhoff Clay Haynes Black & Veatch Marie Collins MSD Chantal Block, L. Jones ABNA Matt Roeseler ABNA Carmen Blumer Walter Milner Phillips Concrete Wayne Combs Phillips Concrete Muhamed Mahmood ABNA Sean Devoy AECOM Frank Eppert ABNA Barb Pierce AGCMO/M2Pierce Jon Rowsell ABNA Norbert Wildhaber Jr ABNA Crystal Howard MSD Nicole Adewale ABNA Tammy Smith ABNA Jack Boatman SAK Jon Bergenthal Jacobs Thomas Nellums Tee & E Trucking Chris Henderson Tee & E Trucking Marc Eshelman M3Eng. Josh Hallstein Jacobs Melantha Norton MSD Lionel Phillips Phillips Concrete John Wilkerson Phillips Concrete John Strahlman MSD Doug Hickey HDR J. Barker P-D Doug Wachsnicht Goodwin Bros Brian Vestal Goodwin Bros Terry Brigs SITE Bruce Wood KAI Kent Kotthoff Gonzales Const. Steve Haberberger Haberberger Inc Craig Schmell. Alberici Brian Wells ABNA Ray Bailey ABNA Mara Elliott 2Women&aBroom Matt Walters Alberici Marvin Echols ABNA Rene Upshaw AUIL Nya Jorif , Michael Sutton ABNA Gayla Nunn, Christian Grimaud ABNA Morris Hervey TSI Engineering Marion Hayes BRK Electric Daniel Coleman Carmen Arrington ABNA Abe Adewale ABNA Jon Luer ABNA Edited 3/10/17 Pg. 2 Motion was made by Trustee Yates at 5:05 p.m. for roll call and the 1588th meeting was called to order. All were present, except Trustee Bobo. Trustee Singer was present via conference call. Trustee Yates asked for a vote to go into closed session. Motion was made by Trustee Faul and seconded by Trustee Bonner. Trustee Yates asked for a motion to go into open session from closed session. Motion was made by Trustee Faul and seconded by Trustee Mandel. Trustee Yates asked for the approval of the Journal of preceding minutes. Motion was made by Trustee Faul and seconded by Trustee Mandel to approve the January 12, 2017-1587th Journal. The Journal was approved by unanimous vote. ~ ~ ~ ~ ~ Comments from the Chair: I would like to remind everyone about the rules for the public comment period. We ask that members of the public who wish to make comments please keep their remarks to 5 minutes. Also, if a group has come to speak on the same topic, we ask that they select a spokesman for the group. If a member of the public has questions for MSD, we asked that they be presented in writing so that MSD can research and respond. Thank you. ~ ~ ~ ~ ~ Trustee Mandel reported that the Program Management Committee met on January 31, 2017 at 8:30 a.m. The meeting was attended by trustees Singer, Yates, and Bonner. The minutes of the January 3, 2017 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Ord. No. 14620 – Lemay Public Inflow and Infiltration Reduction – Staff provided details on the project. There was a discussion between staff and Committee regarding the number of bids being received on pipe rehabilitation projects. Staff provided information on the available contractors for this type of work. Ord. No. 14622 – Pickwick Bernadine and Bimini Sanitary Relief – Staff requested authorization to proceed to condemnation on two property easements necessary to construct this project. Staff then answered questions from the Committee with respect to certain permanent and temporary property rights. Ord. No. 14623 – Deer Creek Sanitary Tunnel – Staff read and provided a written description of the proposed project and associated work along with a copy of the Executive Director’s report from the January 12, 2017 Board meeting describing the bid proposal history to date. Deborah Dilworth ABNA Edited 3/10/17 Pg. 3 Staff indicated that it had found the low bid from Jay Dee/Frontier Kemper Joint Venture to be responsive to the bid requirements and qualified to perform the work. There were questions from the Committee regarding specific minority sub-contractors and the proposed increase in work proposed by the Joint Venture. Staff clarified for the Committee that the Joint Venture would be performing the work previously planned for A.L.L. Construction. The Committee inquired about the impacts of re-bidding the project. Staff indicated that this delay could impact the District’s overall program schedule and ability to complete subsequent projects. The delay could compromise the District’s ability to comply with removal of certain overflows required by the Consent Decree. There was a brief discussion on Board procedural issues. Under “other business”, MSD’s legal staff followed up with the Committee on a previous question raised at the January 3, 2017 Committee meeting regarding LLC’s responsibility for long term maintenance of green infrastructure facilities. The meeting was adjourned at 9:13 a.m. The next Committee meeting is tentatively scheduled for Tuesday, February 28, 2017 at 7:45 a.m. ~ ~ ~ ~ ~ Trustee Bonner reported that The Finance Committee met on January 31, 2017 with Trustees Bonner, Yates, and Singer in attendance. The minutes from the January 3, 2017 meeting were approved. The first item discussed on the agenda was the District's Operating Fund Portfolio as of January 30, 2017. Staff indicated that the portfolio is in compliance with the District’s investment policy. The next item on the agenda was a request by staff for authorization to exercise the first option year of the contract with BJC Corporate Health Services. The contract provides for an initial term of one year with four additional one-year renewal terms. BJC provides medical services for District staff which include workers compensation medical services, drug testing, pre-employment evaluations and other medical services. This will be Resolution #3334 on tonight’s agenda. Next, Marion Gee was pleased to report that the District once again received the award for Distinguished Budget presentation from the Government Finance Officers Association (GFOA) for fiscal year 2016. In order to receive this award, a government entity must satisfy stringent nationally recognized GFOA guidelines. This award represents the highest available form of recognition in government budgeting. Mr. Gee took the opportunity to thank and commend Assistant Director of Finance Theresa Bellville and her financial analysis team of Mike Gindler, Steve Winer and Linton Reeves for this outstanding achievement. Staff then reported on the current financial condition of the District indicating it continues to be financially stable. The quarterly December 2016 Adjustment Review Committee report was accepted into the record as required by ordinance. After a brief discussion on a potential delinquent account shut-off policy, staff agreed to provide a list of the top five delinquent accounts to the Committee. Edited 3/10/17 Pg. 4 Next, PFM Group and Independent Public Advisors (IPA) discussed the transaction highlights of the sale of the 2016C Revenue Bonds. Proceeds from the sale will fund approximately $150 million in projects planned for FY 2017 and FY 2018. It was stated the sale was well received by investors. The meeting adjourned at 9:41 a.m. The next tentatively scheduled meeting is Tuesday, February 28, 2017. This concludes the Finance Committee Report. ~ ~ ~ ~ ~ Trustee Faul reported that the Stakeholder Relations Committee met at District Headquarters on Tuesday, January 31, 2017 at approximately 9:48 a.m. In addition to public attendance, those present at the meeting included Trustees Bonner, Singer and Yates, as well as District Directors and staff. Chairperson Singer called roll, had no further comments and by motion of all Trustees, approved the January 3, 2017 committee meeting minutes. The first agenda item was introduced by Susan Myers requesting the Board to continue a discussion related to the 2017 Federal Legislative Lobbying Priority "Oppose any legislation that would prohibit CSOs and/or blending to the Great Lakes, or anywhere else in the country." The Board had previously been sent information by Susan Myers from NACWA outlining its position on the Great Lakes case and also the Iowa League of Cities case that the 8th Circuit ruled on regarding blending. The continuing discussion by the Board addressed concerns with the language used in the District's Priority item stating its opposition to any and all legislation that would be presented by MSD's Federal lobbyist. Clarification was also provided by staff on the Board's questions regarding the blending processand procedures for rule-making, laws and standards that determine regulatory authority of the EPA and how it affects permitting of CSOs and the blending process. It was suggested that the priority be reworded based upon the discussion and provided to the Board for review. and consensus. The revised language would then be presented at a future committee meeting. The second item introduced by Lance LeComb was a presentation by representatives of the City of St. Louis, Otis Williams, Director - St. Louis Development Corporation, and Don Roe - Director, Planning and Urban Design Agency. The follow-up discussion was in response to the proposed Ordinance presented at the January 3rd Stakeholders meeting regarding an Inter-Agency Agreement with Land Clearance for Redevelopment Authority (LCRA) for reducing combined sewer overflows as required by the Consent Decree. Mr. Williams and Mr. Roe addressed and spoke to the concerns brought forth by the Trustees regarding the selection and acquisition of properties, condemnation and demolition of properties, as well as development opportunities and use of the vacant spaces created. Bruce Litzsinger also spoke to issues brought forth regarding terms of the Agreement and contract language. The Agreement will be provided to the Trustees for their review. This is Ordinance No. 14612 on tonight's Agenda. The third item was a discussion by Brian Hoelscher regarding an Ordinance to establish a policy for the use of Prevailing Wage requirements for District purchases. The Ordinance will institute a District policy for current requirements and establishes standards should the Missouri State Prevailing Wage Law change or cease to exist. The Committee agreed to consider this ordinance for Introduction tonight with a final Committee review at the next committee meeting prior to the March Board of Trustees meeting. This is Ordinance No. 14624 on tonight's agenda. The next meeting is tentatively scheduled for Tuesday, February 28, 2017. The meeting was adjourned at approximately 10:46 a.m. Comments from the Executive Director: Edited 3/10/17 Pg. 5 Thank you Mr. Chair, I have three items for this evening. First, at the end of the March Board of Trustees agenda, there will be the election of new Board officers. For the next two years, the Chairmanship shall be held by a City appointee and the Vice- Chairmanship shall be held by a County appointee. First, the current Chair shall ask for nominations and seconds from the County representatives for a City representative to serve as the Chairman. Once all nominations are closed, all trustees shall vote from the list of nominees for a City representative to serve as the new Chairman for the next two years. Next, the current Chair shall ask for nominations and seconds from the City representatives for a County representative to serve as the Vice-Chairman. Once all nominations are closed, all trustees shall vote from the list of nominees for a County representative to serve as the new Vice-Chairman for the next two years. The terms of the new Chairman and Vice-Chairman shall start on March 16, 2017 per Board rules. Second, I’d like to ask the Director of Operations, Jon Sprague, to give the semi- annual Regulatory Report. The regulatory report looks at compliance measures that are important to the district in the performance of our operations and maintenance and overall system response. We measure plant compliance to show that the plants are meeting regulatory requirements on their discharges; Customer Service, which is important for our customer base and the number of collection system metrics, which show how well we are maintaining and taking care of our systems. First, our NPDES permits for the first half of 2016 we had 100% compliance at all 7 treatment plants, but one violation at the Lemay Treatment plant out of over 4000 compliance points but will end up with 6 gold awards (awarded for perfect compliance). One violation is still exceptional, so we will receive a silver award for our Lemay Treatment plant. Customer service we strive for 90% on time response with 4 hours or less, of course big rain storms challenge us. For the second half of the year we had 87% of our emergency responses within 4 hours, not quite meeting our goal but overall for the year we are at 89%. Maintenance related building backups are backups in people’s backups due to grease, roots, and collapsing pipes. With over 400,000 customers, we had 137 for the 2nd half of 2016 and well below our goal. Maintenance related overflows are overflows that come out of our manholes into streams due to roots or pipe collapse or something like that would cause an overflow. We had 76 incidences for the second half and our goal is to stay under 80 range, so we were within our metrics. Capacity related building backups are related to large rain events. In 2016, we had large rain events, so we did not have a great showing with over 27 inches of rain for the 2nd half of the year; we had with 524 basement back up due to capacity issues. Constructed sanitary overflows are overflow points in our systems that have to be removed per consent decree. Five years ago, we had over 200 constructed overflows, we are down to 120 towards the completion of our capital improvement projects, and we continue to make progress. Out of those 120 overflow points, only 79 had activation or overflow. Edited 3/10/17 Pg. 6 I have one last item, Mr. Chair. Every February the St. Louis Small Business Monthly identifies individuals who are leaders in promoting diversity in the community. This year they have recognized MSD’s Manager of Diversity Shonnah Paredes. Under Shonnah’s leadership MSD’s Diversity program has improved to the point that there is none better in the St. Louis Region and beyond. MSD has also been asked by other Wastewater Service providers in the mid-west to assist in furtherance of their programs. Shonnah, congratulations on this well-deserved recognition. Thank You, Mr. Chair. I have no further comments. Edited 3/10/17 Pg. 7 Comments from the Public: Charlie Goodwin, President of Goodwin Bros. Construction Co: Mr. Goodwin Addressed the Board and Staff. Goodwin Bros. has worked with the district for over 40 years and we have completed over 456 million dollars’ worth of work on capital improvement projects so we are very familiar with the MSD policies and procedures when it comes to the bidding process. I would like to address the Deer Creek project. Concerns are the 2nd notice of award to Jay Dee Frontier Kemper made on January 5th. Specifically on the basis MSD staff requested the revision of the original bid form submitted on September 1st, 2016. Mr. Goodwin gave 7 specific examples where MSD did not request and/or allow a change in the bid form regardless of the circumstances whether to do with the named subcontractor, diversity name, dollar amounts or named equipment manufacturers. 1. The first project was L52 Pump Station. The low bidder was not allowed to change the named manufacturer on bid form. 2. The Missouri River Waste Water Treatment Plant Phase 3 expansion; the low bidder was not allowed to change the named manufacturer on the bid form and Goodwin Bros. was awarded the job as second bidder. Mr. Goodwin stated that Goodwin Bros. has found themselves on both sides of the situation where they have been kicked out or awarded the job as second bidder. 3. The third project is the Bissell Point Trickling filter pump station. The low bidder was not allowed to fix a mathematical problem on the bid form and Goodwin was again awarded as second bidder. 4. The Fourth project, the Lower Meramec Lagoon closure. Goodwin Bros. was the low bidder and not allowed to make changes on the bid form regarding the MWBE subcontractors resulting in the decision by the district to rebid. 5. The Fifth project, the Missouri River Digester Rehab. Goodwin Bros. was the low bidder and not allowed to replace the named subcontractor resulting in the decision by the district to rebid. 6. The Sixth project, the Lemay Waste Water Treatment Plant Channel Irritation blower. Goodwin Bros. was the low bidder and not allowed to replace the named MBE subcontractor due to a minor technicality of the timing of his certification resulting in the decision by the district that deemed Goodwin Bros. nonresponsive. 7. The final project I would like to mention, DCO2 and DCO3 Sanitary Relief from Brentwood Blvd to Conway road, the low bidder was not allowed to increase the MBE amount on the bid form and the project was awarded to the second bidder. These are just a few examples of where the districts policies and procedures worked in our favor and in other cases, the final decisions were adverse to Goodwin Bros., but I want to emphasize, the district has never allowed a request or permitted Goodwin Bros or any other Contractor to make a change in the bid form. A change in the bid form, on the largest single project MSD has ever bid, undermines the fair bidding process and will forever change MSD’s bidding climate. Mr. Goodwin thanked the board and asked for the award to Jay-Dee Frontier Kempker to be reconsidered. Edited 3/10/17 Pg. 8 Terry Briggs, Executive Director of SITE Improvement Association: Jerry Shaw, President of SAK: Spoke on behalf of SAK regarding the Deer Creek Project. SAK has been in business for approximately Edited 3/10/17 Pg. 9 10 years and employs nearly 220 people locally within the greater St Louis region. SAK is currently working on about 195 million dollars’ worth of projects for MSD and the vast majority, if not all of our employees, are St Louis people. Unlike the out-of-town contractors, money comes from and stays in the Greater St Louis area. As a local contractor, it is very surprising that there is so much effort being put forth to award this project to Jay-Dee Frontier Kempker. It is shocking that rules are being bent and twisted in order to award this project to an out-of-town contractor. The rules for the use of minority subcontractors were; suggested by the diversity study, recommended and introduced by staff and approved as a Resolution by the Board. These rules are not arbitrary and should be followed by all bidders. Competitive bidding requires a strict set of rules. Rules can be changed, but not after bids have been submitted. We have protested this project simply because the bidding rules of MSD’s charter were not followed by Jay-Dee Frontier Kempker. MSD has a massive program ahead for the next 10-15 years and SAK and all other bidders request that the rules be straightened out and fixed so that, on the Deer Creek project and all future projects, we know what and how we should bid. We ask that this project be rejected and by the rules of the charter, be awarded to SAK. We also understand that with all the confusion amongst the bidders and staff awarding the project to SAK, after all this time, could create further confusion, but at the very least this project should be rejected and rebid. Our preference is that the rules be followed and the project awarded to SAK. Over the years, SAK has had a few bids rejected for non-compliance with minority compliance or with our good faith efforts, but we’ve also had bids rejected because of our non-qualified subcontractors. Our largest competitor, Insituform, also had similar projects rejected and neither of us have ever been asked to substitute a minority subcontract. Why is Jay-Dee Frontier Kempker being allowed to substitute their minority subcontractors? (Mr. Shaw’s time expired and he thanked the Board for listening). Lionel Phillips, Phillips Concrete: Mr. Phillips congratulated Shonnah Parades on her achievement. Mr. Phillips then provided the history of Phillips Concrete to the Board and assured the Board that Phillip’s Concrete intends to be prepared to handle the Deer Creek tunneling opportunity. Mr. Phillip stated that he hopes to be a part of the nine million dollar multiyear opportunity with Jay-Dee Frontier Kempker Kemper’s Team, as it would ensure long-term sustainability for his company. Mr. Phillips stated that he respects the process that MSD has in place for vetting contractors. He also explained that Phillips Concrete and other local certified and qualified minority owned companies that are part of this bid package, as well as Jay-Dee Frontier Kempker, followed MSD’s guidelines when they submitted their quotes. Mr. Phillips stated that they now collectivity and humbly ask that the Board support the recommendation of the MSD staff and award this project to the lowest bidder. A team of local subcontractors are prepared to deliver an outstanding tunnel to the St Louis community. We hope that your decision to fund the project is consistent with MSDs published policies and procedures, as well as, the districts mission to assist in the development of local minority owned companies. Thank you for your time. Abe Adewale: Mr. Adewale addressed the Board stating his position as a double rate payer to the district and as a home and business owner. Mr. Adewale asked MSD to make the right decision to grant the award to Jay-Dee Frontier Kempker Frontier Kemper Joint Venture. Mr. Adewale stated that as a rate payer, he has followed this project closely and wanted to make sure the records reflected that Jay-Dee Frontier Kempker followed the rules as stipulated in the bid solicitation. Mr. Adewale stated that Jay-Dee Frontier Kempker successfully completed the prequalification process, partnered with local MBE subcontractors, exceeded the required 17% participation, submitted bids on time and staff determined their bids were responsive and responsible. Mr. Adawale went on to explain that MSD awarded bids once and then re-awarded because staff required Jay Dee Frontier to make changes; but Jay Dee did not solicit to make the changes to the award. Trustees it is incumbent on all of you to make sure we do not set a bad precedent that could ultimately put every bid to question when an unsuccessful bidder decides to protest based on criteria not included in the bid solicitation. Mr. Adawale expressed that the industry could not afford a system where people are allowed to make up or change the rules at the end of the game or to make a decision that would result in unintended negative Edited 3/10/17 Pg. 10 consequences. Mr. Adawale stated that the contracting community across the country would be looking at this decision made tonight and that contractors are already evaluating whether a consistent and transparent environment exists in this community. Mr. Adawale shared that he has heard from several contractors who have expressed deep skepticism about certainty in the bidding practice. One of the contractors stated that they would not bid on another tunnel project in St Louis if the bid results can be changed by Trustee vote instead of the evaluating bid numbers by staff. Ultimately, Mr. Adawale believes this could result in distrust of the process, reduced competition and increased cost to ratepayers. Mr. Adawale stated that as a rate and tax payer, he would hate to see this community loose a sound bid, which is 60 million dollars less than the project estimate with a superbly qualified contractor with extensive national and international experience. Mr. Adawale went on to explain that this project would afford a minimum of 25 million dollars over the next 5 years to circulate between the 1st year subcontractors all the way to the 3rd and 4th year subcontractors. The project means jobs for the local businesses that are ratepayers and income to support families as well as pride in our local workforce in being able to help the district meet its consent decree commitments. Mr. Adawle stated that he had seen anything in the procurement process that would negate the value of the Jay-Dee Frontier Kempker’s responsible bid where MSD could consider rebid or award to 2nd low bidder. All public information demonstrates that Jay-Dee Frontier Kempker has been above board and complied with all requirements of the solicitation, Directors and Staff. Mr. Adawale employed the Board to do the right thing tonight by affirming and approving this award in order to get the project started by the next board meeting. Lawrence Nwachukwu, President of Bascillo Engineering: Asked the Board to affirm and move forward with the contract with Jay-Dee Frontier Kempker Joint Venture. Mr. Nwachukwu stated that Jay-Dee Frontier Kempker submitted a bid that met the requirements specified at the time of the bid and that the Board, as well as, the staff evaluated the bid to be responsive and met all requirements. Mr. Nwachukwu provided Bascillo Engineering History and explained that Bascillo has worked on MSD projects and currently working on a project upstream from this very project doing quality control. Mr. Nwachukwu further explained that Bascillo has the ability to participate in this very important project and has several important relationships within the St. Louis region. Mr. Nwachukwu emphasized that Bascillo has teamed up with a company with the skills and national reputation to perform this work and supports Jay-Dee Frontier Kempker and asks the Board to do the same. Yaphett El-Amin, Executive Director of MOKAN: Ms. El-Amin requested that MOKAN go on record supporting the low bidder and award the contract to Jay- Dee Frontier Kempker. Ms. El-Amin indicated that the issue does not appear to be about local companies participating with local companies, but about black and white. Ms. El-amin stated that a local majority company chose not to use the majority of the local minority contractors and instead chose and out of state minority company based in Houston, to which MOKAN cannot find any justification why this company was chosen. MOKAN is concerned that local companies decide not to embrace and work with local contractors, but have found that the majority, out of town companies do much better than the local majority companies. Jay-Dee Frontier Kempker came in and worked with more than 7 local minority contractors. Ms. El-Amin stated that this issue is about MSD standing up and allowing local minority contractors to benefit from the dollars coming from their own community. In 2012, MOKAN approached MSD about the wastewater treatment plant project where 3 million dollars of participation identified to a steel erection company listed to do tuck-pointing on a building that had no tuck-pointing work. Edited 3/10/17 Pg. 11 There was also 800 thousand dollars listed to be paid to a minority trucker to haul rock, who did not own a quarry, when only 80,000 dollars of that trucking participating went to the minority trucker. Jim Buford, a Trustee at that time, requested MSD staff not to award the contract and asked that they work with the community for 3 weeks to fix the participation. That is what the board did to correct that issue. We are asking the Board to award the project to Jay-Dee Frontier Kempker and allow the minority companies to benefit from a company who did things the correct way. Nicole Reed Hutchingson-Adewale, Found and Owner of ABNA: Greeted the Board and introduced herself as a rate payer and founder and owner of ABNA. She indicated that ABNA would be impacted significantly by the Boards’ decision regarding the Deer Creek Tunnel project. Ms. Adewale stated that ABNA has been a loyal and passionate guardian of MSD infrastructure since 1999. ABNA has also been a supporter and cheerleader in the community of MSD initiatives. Ms. Adewale stated that MSDs professional staff presented to the Board a solid team to complete the work. Given the communication and support to date, Ms. Adewale is confident that the Joint Venture team of Jay-Dee Frontier Kempker will successfully complete the Deer Creek Project while ensuring the safety and quality of work of their subcontractors. Depending on the boards decision, local small MWBE firms stand to lose more than 25 million dollars that will not be spent on other local small business and will not maintain and grow other employment opportunities for women and people of color in various construction trades. Ms. Adewale stated that the alternative is an out of town firm with no ties or commitment to the community and is not an ongoing ratepayer or contributor to the funding of our St louis infrastructure and who may or may not help support the advancement of a diverse workforce in St Louis. The ABNA family would be impacted, if the job is not awarded to the lowest responsible and responsive bidder recommended by the MSD staff. Furthermore as a ratepayer, Ms. Adewale is concerned with the future purchasing power of the district if responsive, low bids are challenged and delayed by an unsuccessful bidder for reasons unrelated to the bidding process prior to bid opening. The district and ultimately the public will suffer as the costs of such projects will rise. Ms. Adewale expressed that each time a bid is challenged there is a cost to the district in time and legal consultation and each time a bid is delayed due to such challenges there are other projects that run the risk of also being delayed and therefore are subject to change orders due to different conditions, availability of cost and materials or adequate available labor. The District also runs the risk of a shrinking pool of eligible bidders from large projects, as contractors will be reluctant to bid if they believe there is a likelihood of being challenged and their bid rejected once all bid data and strategy has been exposed. Finally, given the districts requirements to execute certain projects per the consent decree with the EPA, such delays expose the districts to significant fines. Thank you. Tom DiPonio, President of Jay-Dee Frontier Inc. Mr. DiPonio addressed the Board and made his introductions. He addressed some of the earlier remarks from SAK and from the SITE organization. Mr. DiPonio stated that there were no procurement requirements for in town contractors in St Louis and stated that this could be changed, but it would probably affect the number of bids MSD would receive. As far as the confusion about the current procurement, Mr. DiPonio stated that yes, he is an out of town contractor, just as SAK would be considered an out of town contractor when he comes to Detroit. Mr. DiPonia asked the Board to vote yes on the introduction of the ordinance and the adoption of the contract with Jay-Dee Frontier Kempker regarding the Deer Creek project. Mr. DiPonio went on to say that they have done everything that MSD has asked and provided all requested information and the MSD professional staff has determined multiple times that Jay-Dee Frontier Kempker is qualified and should be awarded the contract. We did everything fair and square. Our Joint Venture team is comprised 100% of local African American businesses that will perform over than 23 million dollars’ worth of work on this project. Mr. DiPonio thanked the MSD staff for holding their diversity opportunity fair in June of last year, because it provided them the opportunity to meet outstanding companies. Edited 3/10/17 Pg. 12 Mr. DiPonio expressed that all of the firms are excited to get stared and anxiously await adoption by the Board of Trustees. Mr. DiPonio explained that their bid for the Deer Creek project was 60 million dollars lower than the engineers estimate and over 2.5 million dollars lower than the 2nd lowest bidder. Mr. DiPonio stated that the Joint Venture has extensive experience on tunneling projects across the country and has assigned their bargaining rights and will be signatory to the labors and operating engineers unions to be a productive member of the st louis community and Yes, they will be hiring the local workforce. We are ready to get this project started and we will do a great job for MSD and the rate payers. Thank you. Adolphus Pruitt, NAACP Mr. Pruitt shared his thoughts stating that it is an interesting day when a contractor, in order to overturn a decision of the board and staff, make a statement that someone bid against them and was the low bidder, and that the methodology they used was to attack every African American vendor that bid with the low bidder. Mr. Pruitt stated that this contractor shared nothing else about the bidding process, nothing about how staff treated them; they only set out to attack the integrity of every African American contractor. Then to stand before the Board and ask for the award to be given to them because they employ local people as if those African American people they attacked didn’t exist. It is a shame. We are excited to discuss the things that we have discovered about SAK. Mr. Pruitt stated that someone sent me an article in the business journal that limited, attacked or boxed-in the Trustees as if MSD Trustees do not have the ability to make decisions on behalf of this body. If anyone has the ability to make decisions, in our opinion, it is the MSD Trustees. Mr. Pruitt indicated that there were plenty of times that decisions were asked of the Board, but not made and although we did not agree with some of the Board’s decisions, we understood you had the authority and accepted it. Mr. Pruitt argued that the last thing the NAACP would like to see is any company who has the nerve to attack all of the minority businesses on a bid, in order to overturn and outdo the low bidder. I ask that you please make the best decision for the district and I hope my comments ring true in your mind. You can count on the NAACP support in making that decision to correct a very horrific attack on local minority businesses. Thank you. Thomas N. Nellums, Sr.: Mr. Nellum thanked the Board for their time and explained that from all he has heard at this meeting, he believes the concerns expressed are a prime example as to why the out of state company should come. Mr. Nellum stated that he had not heard anywhere that the out-of-town company costs more money to do work with minority companies, but that is all he had heard in the past. Mr. Nellum asked how an out-of- state company could come into town and find so many minority companies to do business with? Mr. Nellum expressed that the local companies always say that they can’t find minority companies to work with. It is important to understand that there are many minority companies that could lose their companies. If an out of state company could come to town and find favor to give minority companies work, why would they be nitpicked when they can find more work for the local minority companies than the local majority companies that live here? Thank you. ~ ~ ~ ~ Trustee Yates moved to review the Consent Agenda. Edited 3/10/17 Pg. 13 CONSENT AGENDA: The Secretary Treasurer asked if there were any board members who would like to pull an item for a separate vote within the Consent Agenda. Hearing none, there was a motion for adoption. ORDINANCES Adoption of Proposed Ordinance No. 14599 - Jefferson Barracks Tunnel (Lemay WWTP to Martigney PS) (11711) Making an appropriation of Eighteen Million Nine Hundred Thousand Dollars ($18,900,000.00) from the Sanitary Replacement Fund to be used for a sanitary storage tunnel in Jefferson Barracks Tunnel (Lemay WWTP to Martigney PS) (11711) 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. 20489 with SAK Construction, LLC for a sanitary storage tunnel. Adoption of Proposed Ordinance No. 14600 - Ladue Subtrunk Sanitary Relief (SKME-654) (11714) Appropriating Four Hundred Fifty Thousand Dollars ($450,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in Ladue Subtrunk Sanitary Relief (SKME-654) (11714) in the Cities of Creve Coeur, Ladue, and Olivette, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20502 with Fred M. Luth & Sons, Inc. for the aforesaid private I/I removal and storm sewer construction. Adoption of Proposed Ordinance No. 14601 - Lemay Watershed I/I Removal – North Hampton Creek (11716) Appropriating Ninety-Eight Thousand Dollars ($98,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Clayton Central and Two Million One Hundred Fifty-Two Thousand Dollars ($2,152,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in Lemay Watershed I/I Removal – North Hampton Creek (11716) in the Cities of Clayton and Richmond Heights, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20521 with Pangea, Inc. dba Pangea Group for the aforesaid private I/I removal and storm sewer construction. Adoption of Proposed Ordinance No. 14602 - Pardee – Blackthorn – Holly I/I Reduction (Watson Rd and S Rock Hill Rd) (11989) Appropriating One Million Three Hundred Twenty Thousand Dollars ($1,320,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in Pardee – Blackthorn – Holly I/I Reduction (Watson Rd and S Rock Hill Rd) (11989) in the Cities of Webster Groves, Crestwood, 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. 20519 with Unnerstall Contracting Co., LTD for the aforesaid private I/I removal and storm sewer construction. Adoption of Proposed Ordinance No. 14603 - University City I/I Reduction – East (UR-10) (11983) Appropriating One Hundred Seventy Thousand Dollars ($170,000.00) from the Sanitary Replacement Fund to be used for private I/I removal in University City I/I Reduction – East (UR-10) (11983) in the Cities of University City, Vinita Park, and Overland, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20508 with Pangea, Inc. dba Pangea Group for the aforesaid private I/I removal. Edited 3/10/17 Pg. 14 CONSENT AGENDA ORDINANCES Adoption of Proposed Ordinance No. 14604 - West Wise I/I Reduction (NW Quad I-64 and Big Bend Blvd) (11965) Appropriating Three Million Six Hundred Fifty Thousand Dollars ($3,650,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in West Wise I/I Reduction (NW Quad I-64 and Big Bend Blvd) (11965) in the City of Richmond Heights, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20509 with Fred M. Luth & Sons, Inc. for the aforesaid private I/I removal and storm sewer construction. Adoption of Proposed Ordinance No. 14605 - Abston and Airport Storm Sewer (11274) Appropriating One Hundred Eighty Thousand Dollars ($180,000.00) from Operation, Maintenance, Construction and Improvement Fund of Maline Creek to be used for storm sewer construction in Abston and Airport Storm Sewer (11274) in the City of Ferguson, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20522 with Wehmeyer Farms, Inc. for the aforesaid storm sewer construction. Adoption of Proposed Ordinance No. 14606 - Berkridge Drive and Frost Avenue Phase III Storm Sewer (11182) Appropriating Nine Hundred Fifty Thousand Dollars ($950,000.00) from the Districtwide Stormwater Fund to be used for storm sewer construction in Berkridge Drive and Frost Avenue Phase III Storm Sewer (11182) in the Cities Berkeley and Hazelwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20501 with Pavement Solutions, LLC for the aforesaid storm sewer construction. Adoption of Proposed Ordinance No. 14607 - Mallard Lane & Pheasant Drive Storm Sewer (10388) Appropriating Three Hundred Five Thousand Dollars ($305,000.00) from Operation, Maintenance, Construction, Improvement Fund of Coldwater Creek to be used for storm sewer construction in Mallard Lane & Pheasant Drive Storm Sewer (10388) 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 Contract No. 20507 with Wehmeyer Farms, Inc. for the aforesaid storm sewer construction. Adoption of Proposed Ordinance No. 14608 - Stormwater Infrastructure Repair/Replacement – University City OMCI (12608) Making a supplemental appropriation of Eight Hundred Thousand Dollars ($800,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of University City to be used for repair and replacement of inlets, manholes, sewers, and other infrastructure in Stormwater Infrastructure Repair/Replacement – University City OMCI (12608) throughout the University City Watershed; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds for small infrastructure repair projects to be bid through purchasing for repair and replacement of inlets, manholes, sewers, and other infrastructure. Adoption of Proposed Ordinance No. 14609 - General Services Agreement – Geotechnical (FY2015) Contract B (11754) Making a supplemental appropriation of Fifty Thousand Dollars ($50,000.00) from the Sanitary Replacement Fund to be used for general geotechnical services in General Services Agreement – Geotechnical (FY2015) Contract B (11754) in various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 1 to Contract No. 20222 with Shannon & Wilson Inc. for the aforesaid general geotechnical services. Edited 3/10/17 Pg. 15 ~ ~ ~ ~ ~ CONSENT AGENDA ORDINANCES Adoption of Proposed Ordinance No. 14610 - General Services Agreement – Geotechnical (FY2015) Contract C (12064) Making a supplemental appropriation of Fifty Thousand Dollars ($50,000.00) from the Sanitary Replacement Fund to be used for general geotechnical services in General Services Agreement – Geotechnical (FY2015) Contract C (12064) in various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 1 to Contract No. 20223 with Terracon Consultants, Inc. for the aforesaid general geotechnical services. Adoption of Proposed Ordinance No. 14611 - General Services Agreement – Sewer Design (FY2013) Contract B (11780) Making a supplemental appropriation of Ninety Thousand Dollars ($90,000.00) from the Sanitary Replacement Fund to be used for general engineering services in General Services Agreement – Sewer Design (FY2013) Contract B (11780) in various locations within 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. 20027 with Vance Engineering, Inc. for the aforesaid general engineering services. Adoption of Proposed Ordinance No. 14612 - CSO Volume Reduction Green Infrastructure (11146) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Land Clearance for Redevelopment Authority (LCRA) of the City of St. Louis to provide funds for the demolition portion of the CSO Volume Reduction Green Infrastructure (GI) Program for reduction of combined sewer overflows in CSO Volume Reduction Green Infrastructure (11146) in the City of St. Louis, Missouri. Adoption of Proposed Ordinance No. 14613 - Accela Permitting and Plan Review System Implementation Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend the contractual arrangement with Accela, Inc. for the procurement of additional licenses and professional services required for the implementation and cloud hosting of the District’s permitting and plan review system in Accela’s Cloud Hosting Environment throughout the Metropolitan St. Louis Sewer District. Adoption of Proposed Ordinance No. 14614 - Classification Plan Repealing Ordinance No.14097, as adopted on June 16, 2015, and enacting a new Ordinance prescribing changes to the Classification Plan to include the removal of obsolete positions, retitling an existing position, and the addition of a new position. Adoption of Proposed Ordinance No. 14615 - Compensation Plan Repealing Ordinance No. 14500, as adopted August 11, 2016, and enacting a new ordinance prescribing changes to the Compensation Plan to include the addition of an Assistant Director of Information Systems position and a change to the pay grade of the Manager of Diversity Programs position. These are the only changes to the existing Compensation Plan adopted by Ordinance 14500 on September 15, 2016. Motion was made by Trustee Yates, seconded by Trustee Mandel, that The consent agenda ordinance nos. 14599-14615 be Adopted. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Edited 3/10/17 Pg. 16 UNFINISHED BUSINESS ORDINANCES Proposed Amendment and Adoption of Ordinance No. 14573- CSO Volume Reduction Green Infrastructure – Chouteau’s Grove (12833) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with 4001 Investors, LLC for cost sharing in CSO Volume Reduction Green Infrastructure – Chouteau’s Grove (12833) in the City of St. Louis, Missouri. Proposed Ord. No. 14573 was presented and read, This ordinance authorizes the District to enter into an agreement with 4001 Investors, LLC to provide financial assistance through a Green Infrastructure Grant Program for construction of green infrastructure. The purpose of this project is to reduce combined sewer overflows into the Mississippi River per the Long Term Control Plan. This project will reduce runoff volume with the installation of rain gardens. Total cost of the project is estimated at $229,000, and 4001 Investors, LLC is requesting approximately $229,000 reimbursement for the cost of green infrastructure. Motion was made by Trustee Mandel, seconded by Trustee Yates, to amend ordinance no. 14573. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Motion was made by Trustee Mandel, seconded by Trustee Yates, to adopt ordinance no. 14573. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye RESOLUTIONS None Edited 3/10/17 Pg. 17 New Business Agenda Item No. Name Page No. ORDINANCES Introduction of Proposed Ordinance 14616, Appropriating One Hundred Forty Thousand Dollars ($140,000.00) from the Sanitary Replacement Fund and Three Hundred Ten Thousand Dollars ($310,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for storm sewer construction and private I/I removal in Ballas Road Subtrunk South I/I Reduction Part 2 (11682) in the Cities of Country Life Acres, Crystal Lake Park, and Town and Country, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20531 with Gershenson Construction Co. for the aforesaid storm sewer construction and private I/I removal. Proposed Ord. No. 14616 was presented and read. The work to be done under Contract #20531 consists of the construction of approximately 1,064 lineal feet of storm sewers varying in size from 12-inches to 24-inches in diameter, removal of inflow sources from two (2) private properties, and appurtenances. This construction is the second phase of a multi-phase improvement program. The purpose of this project is to reduce inflow/infiltration (I/I) in the Deer Creek watershed. This project is scheduled to be completed in 205 days. Motion was made by Trustee Mandel, seconded by Trustee Bonner, that The ordinance no. 14616 be Introduced. Introduction of Proposed Ordinance 14617, Appropriating Two Million Eight Hundred Fifty Thousand Dollars ($2,850,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell – Coldwater – Missouri – Meramec Public I/I Reduction (2017) Contract A (12023) in the City of Sunset Hills 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. 20504 with SAK Construction, LLC for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No. 14617 was presented and read. The work to be done under Contract #20504 consists of the rehabilitation of approximately 54,910 lineal feet of sanitary sewers varying in size from 8-inches to 42-inches in diameter using cured-in-place pipe (CIPP) methods, 423 manholes, 745 service connections, and 16 point repairs. The purpose of this project is to reduce inflow/infiltration (I/I) in the Mattese Creek watershed. There are no constructed SSOs to be removed/eliminated with this project. This project is scheduled to be completed in 500 days. Motion was made by Trustee Mandel, seconded by Trustee Bonner, that The ordinance no. 14617 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Introduction of Proposed Ordinance 14618, Appropriating Four Million Dollars ($4,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell – Coldwater – Missouri – Meramec Public I/I Reduction (2017) Contract F (12617) in the Cities of Breckenridge Hills, Bridgeton, Edmundson, Overland, St. Ann, Woodson Terrace, 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. 20520 with Insituform Technologies USA, LLC for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No. 14618 was presented and read. The work to be done under Contract #20520 consists of the rehabilitation of approximately 74,077 lineal feet of sanitary sewers varying in size from 6-inches to 24-inches in diameter using cured-in-place pipe (CIPP) methods, 281 manholes, 1,197 service connections, and 8 point repairs. The purpose of this project is to reduce inflow/infiltration (I/I) in the Coldwater Creek watershed. There are no constructed SSOs to be removed/eliminated with this project. This project is scheduled to be completed in 730 days. Motion was made by Trustee Bonner, seconded by Trustee Mandel, that The ordinance no. 14618 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Edited 3/10/17 Pg. 18 New Business Agenda Item No. Name Page No. ORDINANCES Introduction of Proposed Ordinance 14619, Appropriating One Million Seven Hundred Thousand Dollars ($1,700,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Infrastructure Repairs (Rehabilitation) (2017) Contract B (12012) 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. 20525 with Insituform Technologies USA, LLC for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No. 14619 was presented and read. The work to be done under Contract #20525 consists of the rehabilitation of approximately 30,394 lineal feet of sanitary sewers varying in size from 8-inches to 36-inches in diameter, utilizing cured-in-place pipe (CIPP) methods. The purpose of this project is to reduce infiltration into and to rehabilitate older, damaged, and deteriorated sanitary sewers throughout the District’s boundaries. Sewers identified for rehabilitation are identified through the annual CMOM inspection programs required by the Consent Decree. This project is scheduled to be completed in 365 days. Motion was made by Trustee Mandel, seconded by Trustee Yates, that The ordinance no. 14619 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Introduction of Proposed Ordinance 14620, Appropriating Four Million Three Hundred Thousand Dollars ($4,300,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Lemay Public I/I Reduction (2017) Contract B (12049) in the Cities of Crestwood, Glendale, Kirkwood, Oakland, Sunset Hills, 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. 20487 with SAK Construction, LLC, for the aforesaid sanitary sewer rehabilitation. Proposed Ord. No. 14620 was presented and read. The work to be done under Contract #20487 consists of the rehabilitation of approximately 64,934 lineal feet of sanitary and storm sewers varying in size from 8-inches to 30-inches in diameter using cured-in-place pipe (CIPP) methods, 463 manholes, and 1,243 service connections. The purpose of this project is to reduce inflow/infiltration (I/I) in the Lemay watershed. There are no constructed SSOs to be removed/eliminated with this project. This project is scheduled to be completed in 600 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that The ordinance no. 14620 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Introduction of Proposed Ordinance 14621, Appropriating Two Hundred Twenty Thousand Dollars ($220,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Gravois Creek to be used for storm sewer construction in McAdoo Ct #4325 Storm Sewer (11363) 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. 20529 with Gershenson Construction Co. for the aforesaid storm sewer construction. Proposed Ord. No. 14621 was presented and read. The work to be done under Contract #20529 consists of the construction of approximately 303 lineal feet of storm sewers varying in size from 15-inches to 30-inches in diameter, approximately 88 lineal feet of 8-inch diameter sanitary sewers, and appurtenances. The purpose of this project is to alleviate erosion and flooding to the rear of homes on McAdoo Court in St. Louis County. This project is scheduled to be completed in 120 days. Motion was made by Trustee Mandel, seconded by Trustee Yates, that The ordinance no. 14621 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Edited 3/10/17 Pg. 19 New Business Agenda Item No. Name Page No. ORDINANCES Introduction of Proposed Ordinance 14622, 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 Pickwick – Bernadine – Bimini Sanitary Relief Part 2 (11698) in Unincorporated St. Louis County, 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. 14622 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 unincorporated St. Louis County, Missouri. These easements are needed to construct this project, which consists of the construction of approximately 1,144 lineal feet of 15-inch replacement sanitary sewers. This project will provide for the elimination of one (1) constructed SSO (BP-401), and alleviate wet weather 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 Mandel, seconded by Trustee Yates, that The ordinance no. 14622 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Introduction of Proposed Ordinance 14623, Making an appropriation of Thirty Million Dollars ($30,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731) in the Cities of Clayton, Richmond Heights, Brentwood, Maplewood, Webster Groves, and Shrewsbury, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 20437 with Jay Dee/Frontier – Kemper Joint Venture for sanitary sewer construction. Proposed Ord. No. 14623 was presented and read. The work to be done under Contract #20437 consists of the construction of approximately 22,814 lineal feet of 19-foot diameter concrete lined tunnel, 76 lineal feet of 96-inch diameter tunnel, 49 lineal feet of 144-inch tunnel, 1,835 lineal feet of 72-inch diameter adit, 229 feet of 30-inch diameter adit, excavation of three (3) large diameter shafts for construction of a future pump station under a separate contract, five (5) drop structures, 3,936 feet of 8-inch to 60-inch diameter sanitary sewers and appurtenances, four (4) diversion structures, two (2) junction chambers, associated manholes, paving, fencing, dog park improvements, grading, electrical, and other associated work. The purpose of this project is to provide additional storage during wet weather events by allowing surcharged sewers in the Deer Creek watershed to discharge to the proposed tunnel and eliminate constructed SSOs within the Deer Creek watershed. This project is scheduled to be completed in 1,832 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that The ordinance no. 14623 be Introduced. Motion passed - 3 ayes – 2 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– nay; R. Bonner - nay Introduction of Proposed Ordinance 14624, To establish a policy for the use of prevailing wage requirements for District purchases. Proposed Ord. No. 14624 was presented and read. To help ensure MSD will meet its Charter requirement to pay prevailing wage. This action establishes a policy for the use of prevailing wage requirements for District purchases. Motion was made by Trustee Mandel, seconded by Trustee Yates, that the ordinance no. 14624 be Introduced. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Edited 3/10/17 Pg. 20 RESOLUTIONS: Adoption of Resolution No. 3332, expressing the Board of Trustees’ appreciation to Laszlo M. Bakai for his 36 years of exemplary service to the Metropolitan St. Louis Sewer District from October 2, 1980, to his retirement effective February 1, 2017. Motion was made by Trustee Mandel, seconded by Trustee Bonner, that the Resolution no. 3332 be Adopted. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Adoption of Resolution No. 3333, expressing the Board of Trustees’ appreciation to Robert J. Dillman for his 30 years of exemplary service to the Metropolitan St. Louis Sewer District from January 20, 1987, to his retirement effective February 1, 2017. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Resolution no. 3333 be Adopted. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Adoption of Resolution No. 3334, This contract provides medical services for the District and administration for drug testing. This resolution will authorize the District to enter into a one year contract with BJC Corporate Health Services d/b/a BarnesCare from January 1, 2017 to December 31, 2017 exercising the first option year. The original contract provided for an initial term of one (1) year with four (4) additional one-year renewal terms at the option of the District. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the Resolution no. 3334 be Adopted. Motion passed - 5 ayes – 0 nays Poll taken: M. Yates-aye; J. Faul– aye; A. Mandel– aye; J. Singer– aye; R. Bonner - aye Trustee Yates motioned to adjourn the meeting. Motion was made by Trustee Mandel and seconded by Trustee Bonner to adjourn. The Meeting adjourned at 6:05 p.m. ~ ~ ~ ~ ~ Secretary-Treasurer