JOURNAL OF THE (1586th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT December 8, 2016 at 5:00 p.m.

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1 JOURNAL OF THE (1586th) MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT December 8, 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 J.P. Faul, Vice Chair T.R. Snoke, Secretary-Treasurer (by phone) Rev. R. Bobo S.M. Myers, General Counsel A.K. Mandel M. M. Gee, Director of Finance J. Singer R.L. Unverferth, Director of Engineering R.L. Bonner Also present were: Tamara Clinton MSD Tom Ratzki Black & Veatch Shonnah Parades MSD Jenni Brooks Gilmore & Bell Jon Sprague MSD Ronny Griffin Laborers Local 110 Barbara Mohn MSD Abe Adewale ABNA Todd Loretta MSD Jason Terry Gilmore & Bell Lance LeComb MSD Lionel Phillips PCS Vicki Taylor MSD J.D. Glisson Greensfelder Ed Laux RJN Group Dorothy White-Coleman WCA, LLC Mike Grace MSD Marie Collins MSD Tom Sullivan Nick Hayden J&J Boring Inc. Dorothy Scroggins A-Plus Contractors John C. H2 Green Lawrence Nwachukwu Basilico Darrell Lewis MSD Susie McFarlind WCA, LLC Marc Eshelman M3 Anton Lumpkins A.L.L. Construction Lewis Shapiro JDC Mike Borgard Tetra Tech Doug Hickey HDR Todd Aschbacher MSD Melissa Carver GSP Bob Blummer A.L.L. Construction Jerry Hunter Bryan Cave Terry Briggs SITE Bob Affholder SAK Doug Hickey HDR Crystal Howard MSD Charlie Kuhnmuench SAK Fred C. Searcy VA Jerry Shaw SAK Clay Haynes Black & Veatch Marie Collins MSD Rene Upshaw AUIL C. Allen AUIL Motion was made by Trustee Yates at 5:02 p.m. for roll call and the 1586th meeting was called to order. All were present, except Trustee Bobo who arrived later. Trustee Yates asked for the approval of the Journal of preceding minutes. Motion was made by Trustee Bonner and seconded by Trustee Mandel to approve the November 10, th 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. Edited 12/27/16 Pg. 1

2 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 Faul reported that The Program Management Committee met on November 29, 2016 at 8:47 a.m. The meeting was attended by trustees Singer, Faul, Mandel, Bobo, and Bonner. The minutes of the November 1, 2016 meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Ordinance No Claverach Park I/I Reduction Staff explained the details of the project and answered questions from the Committee on the type of participation anticipated by the MBE sub-contractor A.L.L. Construction. Staff indicated that they have been performing restoration work on the more recent projects. Ordinance No Rock Hill Sanitary Relief The Committee and staff discussed the MWBE requirements on projects with a bid amount of $50,000 or less versus the project budget or designers estimate. Mr. Faul requested additional discussion on this item at a future Program Management meeting, expressing concerns over bids potentially being provided to avoid MWBE requirements. Ordinance No Upper Maline Sanitary Relief Staff provided information on the planned supplemental appropriation for this project and explained details of additional added scope for the project. There was a brief discussion on the MWBE participation on the project and added scope. Ordinance No Construction Management Services for Lower and Middle River Des Peres Tunnel Facilities In response to Committee questions, staff provided specific details of the construction management services being provided by the consultant, the overall duration of the contract, and the annual expenditures. There was a brief discussion regarding recent State of MO legislation regarding the ability of construction management firms to participate in project construction. Staff indicated that the legislation provides a specific exclusion for the District. (MO House Bill 2376). Ordinance No Radar Rainfall Data Staff explained specifics of the services provided by the selected consultant and answered questions from the Committee on the MSD benefits and uses of this data. Ordinance Nos Professional Services Agreement Engineering Services for Operations Staff discussed the services being provided by the consultant to the Edited 12/27/16 Pg. 2

3 Operations Department. There was a detailed discussion regarding the 25% subconsultant requirement versus MWBE participation on professional services contracts. Staff indicated that this requirement is utilized when appropriate for the type of services being provided. At 9:40 a.m., the Committee went into Closed Session to discuss Legal, Confidential or Privileged Matters Under (1), RSMO 1988 Supp. The meeting was adjourned at 11:05 a.m. The next Committee meeting is tentatively scheduled for Tuesday, January 3, 2017 at 7:45 a.m. ~ ~ ~ ~ ~ Trustee Singer reported that The Stakeholder Relations Committee met at District Headquarters on Tuesday, November 29, 2016 at approximately 7:35 a.m. In addition to public attendance, those present at the meeting included Trustees Bobo, Bonner, Faul, Mandel and Singer, as well as District Directors and staff. Chairperson Bobo called roll, had no further comments and by motion of the committee, the November 1, 2016 meeting minutes were approved. The first agenda item was a discussion by Susan Myers regarding Federal Legislative Lobbying Priorities for Susan provided a summation of the Priorities and Goals for calendar year There is no Board Action required at this time. The second agenda item was a discussion by Lance LeComb regarding State Legislative Lobbying Priorities for Lance provided a summation of the Priorities and Goals for calendar year There is no Board Action required at this time. For the details of both Legislative agendas, staff will schedule a discussion at the next Stakeholder s meeting. The next agenda item was a discussion by Lance LeComb regarding a contract renewal for MSD Customer Surveying. Lance briefly discussed the types, frequency and history of the District's surveying programs and budgetary requirements. A request for a Resolution was brought to Committee to renew the second option year of the contract with ETC Institute. This is Resolution No on tonight s Agenda. The next agenda item was a discussion by Vicki Taylor Edwards regarding renewals for the District's Group Dental and Long-Term Disability Benefits Plans. Both plans are set to expire January 31, 2017 and with Board authorization, new contracts for each provider will commence on February 1, These are Ordinance Nos and on tonight s Agenda. The last item was a discussion by Susan Myers regarding Intergovernmental Agreements between the District and five Levee Districts. The agreements will memorialize the stormwater services to be provided by the District and the Levee Districts. This is Ordinance No on tonight s Agenda. Edited 12/27/16 Pg. 3

4 The next meeting is tentatively scheduled for Tuesday, January 3, The meeting was adjourned at approximately 8:20 a.m. ~ ~ ~ ~ ~ Trustee Bonner reported that The Finance Committee met on November 29, 2016 with Trustees Bonner, Faul, Singer, Bobo and Mandel in attendance. The minutes from the November 1, 2016 meeting were approved. The first item discussed on the agenda was an ordinance that authorizes the staff to enter into a contract with CliftonLarsonAllen, LLP to provide an independent audit of all accounts and funds of the District and Subdistrict for the fiscal year ending June 30, This contract provides for an initial term of one year with four additional one-year renewal terms at the option of the District. This will be Ordinance #14596 on tonight s agenda. The next item on the agenda consisted of a staff report on the District's Operating Fund Portfolio as of November 28, Staff indicated that the portfolio is in compliance with the District s investment policy. Staff then updated the Board on the expected 2016C Revenue Bond Issue totaling $150 million in par value to be repaid over 30 years. Staff indicated that retail and institutional sales are slated to occur on December 7th and 8th and the Board will be requested to approve the final pricing during the December 8th Board meeting. In addition, Staff informed the Board that the District was able to maintain its ratings with the credit rating agencies. Next on the agenda, Staff presented two ordinances authorizing the District to issue $95.5 million in Subordinate Wastewater System Revenue Bonds (Series 2016A and Series 2016B) through the State of Missouri Direct Loan Program. These bonds will be repaid over 20 years at a fixed rate equal to 30% of the Revenue Bond Index as published in The Bond Buyer, rounded up to the nearest 0.01%. Staff stated that the current interest rate would be approximately 2.2% when the State s 1% administrative fee is considered. The District requires long-term financing to complete the Public Inflow and Infiltration Reduction project and rehabilitation of the sanitary sewer system. These will be Ordinances #14571 and #14572 on tonight s agenda. The meeting adjourned at 8:45 a.m. The next tentatively scheduled meeting is Tuesday, January 3, This concludes the Finance Committee Report. ~ ~ ~ ~ ~ Edited 12/27/16 Pg. 4

5 Comments from the Executive Director: Thank you Mr. Chairmain I have one item tonight, per the Finance Committee report. On the phone is our Secretary Treasurer and Assistant Secretary Treasurer, Tim Snoke and John Strahlman, who are in New York selling our bonds. As part of my report, I will have Tim report to you the details that will fill in the blanks on item #34; ordinance for the bond sales. After he has completed, please ask him any questions, as he goes through the description and we will make that it is the first item we address prior to the consent agenda and Tim will remain on the phone in case there are any questions from the Board. Tim Snoke thanked the Executive Director and expressed his enthusiasm to share the bond sales news with the Board. A short presentation was distributed and displayed electronically to the public. A summary of pricing is that this is a 150 million new money financing, no refunding so all new money for the capital program. The final maturity is in 2046, with a 30 year total life on the bonds, consistent with what we discussed in Committee. Total interest cost is 3.8%, last year the interest rate was 3.6% so we are a bit wider but it is consistent with the market because of the market volatility since the election.. These are in line with changes in the market and not due to issues with our credit, but these are very low rates historically and they reflect the strength of our credit, which was recognized by the rating agencies when they maintained our strong ratings. This issuance generated very strong interest in the market and brought in more than 1.6 billion dollars in total orders compared to last year issuance, which was 1.2 billion. The strong interest enabled us to tighten pricing. We had a strong retail presence; about $ million in orders came in through retail with individual investors. We allocated about 24% of the $150 million to individual investors and about 80% of that went to Missouri investors. The MMD is the benchmark rate in the municipal market. Our spread to MMD was a bit wider than last year (about 10 basis over last year), which reflects changes in the market but is several basis points lower than where it would have been last week, so we may have timed this pretty well. The call date is 2026, which means we can refund or refinance in 10 years, which is standard and consistent with past issuances. Edited 12/27/16 Pg. 5

6 The cost of issuance came in at 1.4 million, a little better than projected. There is no debt service reserve fund, so all of the proceeds and premiums we received in addition (approx.17 million) will go into the project fund, less the costs of issuance. The amortization schedule is the principal payment and interest payment schedule throughout the life of the loan. This is a level debt service loan, so we have roughly $9.5 million of debt service every year for the 30 years of the loan. Overall, debt service on this loan is lower than we budgeted and lower than the rate proposal, about $10-12 million dollars in savings through the life of the loan. These numbers actually complete the bond ordinance introduced last month, so tonight the ordinance in the consent agenda will have the numbers within this report inserted. The last page is a summary of the bond ratings and rating agency comments. We are pleased that the rating agencies and the market continue to recognize the strength of our credit. Tim stated he would answer any questions and noted that in the audience we have Jason Terry from Gilmore and Bell, our bond counsel, who is also able to answer questions if there are any. Thank you Mr. Chairman, this concludes my report. ~ ~ ~ ~ Comments from the Public: Edited 12/27/16 Pg. 6

7 Rene Upshaw: Thanked the Board for allowing her to speak regarding her lack of payment for a job performed on May 4, 2015 to May 17, 2015 at St. Bernadette soccer field near Jefferson Barracks cemetery. Documents were distributed to the Board showing pictures of her work, a timeline and a flash drive of additional documents. Ms. Upshaw s company was brought onto the job to provide seed and straw, but due to a few incidences that occurred, Ms. Upshaw believes these incidences caused a budget overrun for the project. Ms. Upshaw believes that 100 gallons of sewage spill that occurred in 2013 and 2015 were problematic for this project. She wanted to thank Mr. Snoke and Mr. Loretta for their assistance in putting together her presentation. She admits that there were mistakes on the projects, but that was their saving grace because the feel that those mistakes are still visible, so she asks that they receive payment for their work that Ms. Upshaw believes still remains in use and the materials are still visible on the site. Ms. Upshaw indicated that she has 8 employees who have not been paid for the work performed and they would like to be paid for their incorrect work. Ms. Upshaw stated that she would be happy to take staff out to the site to verify her statements and that her crew had never done a job this size before and she confirmed that mistakes were made, but the materials and work performed are still visible at the location. The Executive Director expressed that staff would present all the details and investigations of this project at the next committee meeting and invited Ms. Upshaw to attend. Jack Boatman, Senior Vice President with SAK Construction: Mr. Boatman spoke on the SAK protest of the Deer Creek project. He expressed that he and SAK are committed to the diversity program. Mr. Boatman states that SAK has lost jobs because they missed things and that they understand and follow rules closely, but on this particular project, one of the contractors, that was not qualified to perform, even though they are good friends of Mr. Boatman. Mr. Boatman says he has worked with and coached this company and used them on projects that they were qualified for and states SAK will continue to use them. Mr. Boatman also used David Mason, an engineering firm, as another example. Mr. Boatman states that David Mason is doing very well and are used by SAK, but in this particular case, to use unqualified contractors for which they were not properly qualified, would not do anyone justice if anyone were to get hurt. SAK says they will continue to fight this and push the point because SAK believes people should be qualified under the programs for which they were certified. Mr. Boatman says he will continue to fight for minority and women companies, because no serious minded supporter of affirmative action would ask anyone to place someone in a job they are not qualified to perform. Mr. Boatman stated he believes that people should be used properly and in their proper NAS codes, and if they are not held to this criteria, it chips away at the Diversity program and future programs. Mr. Boatman expressed that this is not personal; it is simply about making sure the diversity program continues to maintain its integrity. Edited 12/27/16 Pg. 7

8 ~ ~ ~ ~ Trustee Yates moved to review the Consent Agenda. CONSENT AGENDA: The General Counsel, Susan Myers, acted in place of Tim Snoke, Secretary-Treasurer. General Counsel pulled the adoption of item #34 Ordinance for a separate vote from the Consent Agenda. There were no objections. General Counsel asked if there were any board members who would like to pull any other items for a separate vote within the Consent Agenda. Hearing none, there was a motion for adoption. ORDINANCES Adoption of Ordinance No Wastewater System Improvement and Refunding Revenue Bonds Series 2016C (the Series 2016C Bonds ) An Ordinance authorizing and directing the issuance, sale and delivery of Wastewater System Improvement and refunding revenue bonds, Series 2016C, of the Metropolitan St. Louis Sewer District; Prescribing the form and details of said bonds; and authorizing certain actions and documents and prescribing other matters relating thereto. Motion was made by Trustee Bonner, seconded by Trustee Yates, that The consent agenda ordinance nos be Adopted. Edited 12/27/16 Pg. 8

9 CONSENT AGENDA: ORDINANCES Adoption of Ordinance No Lower Meramec River WWTF Screen Channel Improvements (Fittings) (12501) Appropriating Two Hundred Seventy-Four Thousand Dollars ($274,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Lower Meramec River WWTF Screen Channel Improvements (Fittings) (12501) 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 with Gross Mechanical Contractors, Inc. for the aforesaid wastewater treatment plant construction. Adoption of Ordinance No Lucas & Hunt and I-70 Sanitary Sewer (11928) Making a supplemental appropriation of Two Hundred Thousand Dollars ($200,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Lucas & Hunt and I-70 Sanitary Sewer (11928) in the City of Northwoods, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds for Contract No with Kolb Grading, LLC for sanitary sewer construction. Adoption of Ordinance No Providence Sanitary Relief (SKME-640) (11700) Making a supplemental appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction and private I/I removal in Providence Sanitary Relief (SKME-640) (11700) in the City of Webster Groves and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds for Contract No with Fred M. Luth & Sons, Inc. for sanitary sewer construction and private I/I removal. Adoption of Ordinance No Forcee Lane Storm Sewer (10360) Making a supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Deer Creek to be used for storm sewer construction in Forcee Lane Storm Sewer (10360) in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds for Contract No with KJU dba KJ Unnerstall Construction Co. for storm sewer construction. Adoption of Ordinance No Baden Creek Extension (BP-001) I/I Reduction (11777) Appropriating Two Million Four Hundred Fifty Thousand Dollars ($2,450,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in Baden Creek Extension (BP-001) I/I Reduction (11777) in the Cities of Pine Lawn, Northwoods, Norwood Court, and Pasadena Hills, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with J.M. Marschuetz Construction for the aforesaid private I/I removal and storm sewer construction. Edited 12/27/16 Pg. 9

10 CONSENT AGENDA: ORDINANCES Adoption of Ordinance No Bissell Coldwater Missouri Meramec Public I/I Reduction (2017) Contract C (12025) Appropriating One Million Five Hundred Sixty Thousand Dollars ($1,560,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell Coldwater Missouri Meramec Public I/I Reduction (2017) Contract C (12025) in the Cities of Bel-Ridge, Edmundson, Overland, and St. Ann, and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with SAK Construction, LLC for the aforesaid sanitary sewer rehabilitation. Adoption of Ordinance No Ferguson Sanitary Sewer (Olive to Page) (Diamond Park) (11737) Making an appropriation of One Million Dollars ($1,000,000.00) from the Sanitary Replacement Fund to be used for property acquisition, demolition, and related activities of real property and easements for the construction of a wet weather storage facility and associated structures in Ferguson Sanitary Sewer (Olive to Page) (Diamond Park) (11737) in the City of University City, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to acquire necessary property rights in order to construct a wet weather storage facility and associated structures without additional Board action. Adoption of Ordinance No Graham Rd Sanitary Sewer (12719) Appropriating Seven Hundred Forty Thousand Dollars ($740,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Graham Rd Sanitary Sewer (12719) 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 with Above and Below Contracting, LLC for the aforesaid sanitary sewer construction. Adoption of Ordinance No Lemay Public I/I Reduction (2017) Contract A (12048) Appropriating Two Million One Hundred Seventy Thousand Dollars ($2,170,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Lemay Public I/I Reduction (2017) Contract A (12048) in the Cities of Bella Villa, University City, City of St. Louis, 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 with SAK Construction, LLC for the aforesaid sanitary sewer rehabilitation. Adoption of Ordinance No Lemay Pump Stations 1 And 2 Improvements (12488) Appropriating Four Million Two Hundred Thousand Dollars ($4,200,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Lemay Pump Stations 1 And 2 Improvements (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 with Sachs Electric Co. for the aforesaid pump station improvements. Edited 12/27/16 Pg. 10

11 CONSENT AGENDA: ORDINANCES Adoption of Ordinance No Missouri River WWTF Berm and Water Feed Upgrade (12616) Appropriating Six Hundred Ninety Thousand Dollars ($690,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Missouri River WWTF Berm and Water Feed Upgrade (12616) in the City of Maryland Heights, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Kolb Grading, LLC for the aforesaid wastewater treatment plant construction. Adoption of Ordinance No Brown Road to Eminence Blvd. Storm Improvements (10540) Appropriating Six Hundred Forty Thousand Dollars ($640,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Coldwater Creek to be used for storm sewer construction in Brown Road to Eminence Blvd. Storm Improvements (10540) in the City of St. John, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Wehmeyer Farms, Inc. for the aforesaid storm sewer construction. Adoption of Ordinance No Lee Ave. #337 Storm Sewer (10006) Appropriating Four Hundred Thirty Thousand Dollars ($430,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Gravois Creek to be used for storm sewer construction in Lee Ave. #337 Storm Sewer (10006) in the City of Kirkwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Kolb Grading, LLC for the aforesaid storm sewer construction. Adoption of Ordinance No Picardy Lane Subdivision Bank Stabilization (11196) Appropriating Four Hundred Thirty Thousand Dollars ($430,000.00) from the Operation, Maintenance, Construction, Improvement Fund of Deer Creek to be used for channel stabilization in Picardy Lane Subdivision Bank Stabilization (11196) in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Ideal Landscape Construction, Inc. for the aforesaid channel stabilization. Adoption of Ordinance No CSO McKnight Road #2737 CSO Interceptor (I-298) /Outfall (L-161) (10851) 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 CSO - McKnight Road #2737 CSO Interceptor (I-298)/Outfall (L-161) (10851) in the Cities of Ladue and Rock Hill, 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. Edited 12/27/16 Pg. 11

12 CONSENT AGENDA: ORDINANCES Adoption of Ordinance No Critical Infrastructure Assessment (2017) (12720) Appropriating One Million Four Hundred Thousand Dollars ($1,400,000.00) from the General Fund to be used for investigations and assessment of sewer systems in Critical Infrastructure Assessment (2017) (12720) throughout the Metropolitan St. Louis Sewer District Service Area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with RJN Group, Inc. for the aforesaid investigations and assessment of sewer systems. Adoption of Ordinance No General Services Agreement Water Quality General Support (2017) (12716) Appropriating One Hundred Thousand Dollars ($100,000.00) from the Stormwater Regulatory Fund to be used for water quality and environmental regulatory support in General Services Agreement Water Quality General Support (2017) (12716) 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 Contract No with HDR Engineering, Inc. for the aforesaid water quality and environmental regulatory support. Adoption of Ordinance No Stormwater Infrastructure Improvement Design (Contract A) (12688) Appropriating One Million Five Hundred Fifty Thousand Dollars ($1,550,000.00) from the Districtwide Stormwater Fund to be used for design in Stormwater Infrastructure Improvement Design (Contract A) (12688) in the Cities of Bellefontaine Neighbors, Flordell Hills, Jennings, Normandy, Northwoods, St. Louis, 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 with HR Green, Inc. for design services. Adoption of Ordinance No Stormwater Infrastructure Improvement Design (Contract B) (12689) Appropriating One Million Three Hundred Thousand Dollars ($1,300,000.00) from the Districtwide Stormwater Fund to be used for design in Stormwater Infrastructure Improvement Design (Contract B) (12689) in the Cities of Richmond Heights, Shrewsbury, University City, St. Louis, 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 with EDM Incorporated for design services. Adoption of Ordinance No Stormwater Infrastructure Improvement Design (Contract C) (12690) Appropriating One Million Seven Hundred Thirty Thousand Dollars ($1,730,000.00) from the Districtwide Stormwater Fund to be used for design in Stormwater Infrastructure Improvement Design (Contract C) (12690) in the Cities of Ballwin, Chesterfield, Clarkson Valley, Creve Coeur, Ellisville, Kirkwood, Manchester, Sunset Hills, Valley 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 with Oates Associates, Inc. for design services. CONSENT AGENDA: Edited 12/27/16 Pg. 12

13 ORDINANCES Adoption of Ordinance No Stormwater Streambank Stabilization Design (Contract A) (12686) Appropriating One Million Two Hundred Thousand Dollars ($1,200,000.00) from the Districtwide Stormwater Fund to be used for design in Stormwater Streambank Stabilization Design (Contract A) (12686) in the Cities of Des Peres, Northwoods, Normandy, 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 with Access Engineering, LLC for design services. Adoption of Ordinance No Stormwater Streambank Stabilization Design (Contract B) (12687) Appropriating One Million Two Hundred Thousand Dollars ($1,200,000.00) from the Districtwide Stormwater Fund to be used for design in Stormwater Streambank Stabilization Design (Contract B) (12687) in the Cities of Ballwin, Chesterfield, Clarkson Valley, Manchester, Town and Country, 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 with M3 Engineering Group, PC for design services. Adoption of Ordinance No State Legislative Lobbying Services Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Kyna Iman, LLC, whereby Kyna Iman, LLC will provide State Legislative Lobbying services for the District. Adoption of Ordinance No Combined Liability Insurance Program Awarding a contract to Missouri Public Entity Risk Management Fund (MOPERM) (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District s Combined Liability Insurance coverage from January 1, 2017 to December 31, Adoption of Ordinance No Excess (Umbrella) Liability Program (First Layer) Awarding a contract to Allied World Insurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District s Excess Umbrella Liability Insurance (First Layer) coverage from January 1, 2017 to January 1, Adoption of Ordinance No Excess (Umbrella) Liability Program (Second Layer) Awarding a contract to Allied World National Assurance Company (McGriff, Seibels & Williams, of Missouri Inc., agent) for the District s Excess Umbrella Liability Insurance (Second Layer) coverage from January 1, 2017 to January 1, Motion was made by Trustee Yates, seconded by Trustee Mandel, that The consent agenda ordinance nos & be Adopted. Edited 12/27/16 Pg. 13

14 ~ ~ ~ ~ ~ UNFINISHED BUSINESS ORDINANCES None RESOLUTIONS None Edited 12/27/16 Pg. 14

15 New Business Agenda Item No. Name Page No. ORDINANCES Introduction and Adoption of Proposed Ordinance 14571, AN ORDINANCE, WITH AN EMERGENCY CLAUSE, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $20,000,000 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER SYSTEM REVENUE BONDS (STATE OF MISSOURI DIRECT LOAN PROGRAM) SERIES 2016A OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT S WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS Proposed Ord. No was presented and read. This ordinance is authorizing funding through a direct loan agreement with the State of Missouri that will carry a serial 20-year repayment and a loan amount of $20,000,000. This loan will carry a fixed interest rate equal to 30% of the Revenue Bond Index at time of closing and will be used for the Public I/I Reduction project, consisting of the rehabilitation of the existing collection system throughout the entire service area and rehabilitation of sanitary sewers and manholes using various methods, mainly cured in place pipe (CIPP) Motion was made by Trustee Mandel, seconded by Trustee Bobo, that The ordinance no be Introduced. The General Counsel asked if there was an objection to the rule. Hearing None Motion was made by Trustee Mandel, seconded by Trustee Bobo, that ordinance no be Adopted Introduction and Adoption of Proposed Ordinance AN ORDINANCE, WITH AN EMERGENCY CLAUSE, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $75,500,000 PRINCIPAL AMOUNT OF SUBORDINATE WASTEWATER SYSTEM REVENUE BONDS (STATE OF MISSOURI DIRECT LOAN PROGRAM) SERIES 2016B OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF IMPROVING, RENOVATING, REPAIRING, REPLACING AND EQUIPPING THE DISTRICT S WASTEWATER SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE DISTRICT TO FACILITATE AND PROTECT THEIR PAYMENT; AND PRESCRIBING OTHER RELATED MATTERS. Proposed Ord. No was presented and read. This ordinance is authorizing funding through a direct loan agreement with the State of Missouri that will carry a serial 20-year repayment and a loan amount of $75,500,000. This loan will carry a fixed interest rate equal to 30% of the Revenue Bond Index at time of closing and will be used for the Public I/I Reduction project, consisting of the rehabilitation of the existing collection system throughout the entire service area and rehabilitation of sanitary sewers and manholes using various methods, mainly cured in place pipe (CIPP) Motion was made by Trustee Bonner, seconded by Trustee Yates, that The ordinance no be Introduced. The General Counsel asked if there was an objection to the rule. Hearing None Motion was made by Trustee Mandel, seconded by Trustee Bobo, that ordinance no be Adopted Introduction of Proposed Ordinance 14573, Authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Koman Group for cost sharing in CSO Volume Reduction Green Infrastructure Chouteau s Grove (12833) in the City of St. Louis, Missouri. Edited 12/27/16 Pg. 15

16 Proposed Ord. No was presented and read. This ordinance authorizes the District to enter into an agreement with Koman Group 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 Koman Group is requesting approximately $229,000 reimbursement for the cost of green infrastructure. Motion was made by Trustee Mandel, seconded by Trustee Singer, that The ordinance no be Introduced. Introduction of Proposed Ordinance 14574, Making a supplemental appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) from the Sanitary Replacement Fund to be used for storm sewer construction and private I/I removal in University City I/I Reduction East (WC-01, WC- 02, & WC-03) (11671) in the Cities of Greendale, Pagedale, St. Louis, Wellston, and the Villages of Glen Echo Park and Hillsdale, Missouri; and authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds for Contract No with Above and Below Contracting, LLC for storm sewer construction and private I/I removal. Proposed Ord. No was presented and read. This supplemental appropriation is necessary due to the change in the street condition from asphalt to concrete base with asphalt overlay. This supplemental appropriation will bring the total appropriation for this project to $1,625,000. This project is expected to be funded by Bond proceeds. Motion was made by Trustee Yates, seconded by Trustee Bonner, that The ordinance no be Introduced. Introduction of Proposed Ordinance 14575, Appropriating One Hundred Eighty-Five Thousand Dollars ($185,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Deer Creek for cost sharing for storm sewer construction in Oak Valley East Storm Sewer (Frontenac 1-2) (11005) in the City of Frontenac, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement under Contract No with the City of Frontenac, Missouri to provide financial assistance for storm sewer construction. Proposed Ord. No was presented and read. This ordinance authorizes the District to enter into an intergovernmental agreement with the City of Frontenac, Missouri under Contract # The City of Frontenac is having drainage improvements designed and constructed to address flooding and erosion issues in the Hickory Hill Subdivision. The estimated cost of the drainage improvements is $320,000. This project will address street and yard flooding and erosion at four residences that were identified as part of an MSD project. This agreement provides reimbursement up to $185,000 to the City of Frontenac for including the construction of this MSD project in the City stormwater project. Motion was made by Trustee Bobo, seconded by Trustee Mandel, that The ordinance no be Introduced. Introduction of Proposed Ordinance 14576, Appropriating Five Hundred Seventy-Five Thousand Dollars ($575,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction and private I/I removal in Claverach Park I/I Reduction and Sewer Separation Part 2 (11115) 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 with Kolb Grading, LLC for the aforesaid sanitary sewer construction and private I/I removal. Edited 12/27/16 Pg. 16

17 Proposed Ord. No was presented and read. An additional contingency of $20,000 for utility relocation (Water - $20,000) is included in the appropriation. This appropriation also includes $25,000 specifically for driveway and property restoration work on impacted property. This project is expected to be funded by Bond proceeds. Motion was made by Trustee Bobo, seconded by Trustee Yates, that The ordinance no be Introduced. Introduction of Proposed Ordinance 14577, Appropriating Three Hundred Twenty-Five Thousand Dollars ($325,000.00) from the Sanitary Replacement Fund to be used for private I/I removal and storm sewer construction in Florissant I/I Reduction Part 2 (11748) in the Cities of Florissant, Hazelwood, and the Village of Calverton Park, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Wehmeyer Farms, Inc. for the aforesaid private I/I removal and storm sewer construction. Proposed Ord. No was presented and read. An additional contingency of $68,000 for utility relocation (Electric - $5,000, Gas - $33,000 & Water - $30,000) is included in the appropriation. This project is expected to be funded by Bond proceeds. Motion was made by Trustee Yates, seconded by Trustee Bobo, that The ordinance no be Introduced. **Introduction of Proposed Ordinance Appropriating Eighteen Thousand Dollars ($18,000.00) from the Sanitary Replacement Fund and Forty-Two Thousand Dollars ($42,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for private I/I removal and storm sewer construction in Rock Hill Sanitary Relief (SKME-618) Part 2 (11069) in the Cities of Kirkwood and Rock Hill, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with Enterprise Sewer & Drain for the aforesaid private I/I removal and storm sewer construction. Proposed Ord. No was presented and read. The work to be done under Contract #20495 consists of the construction of approximately 70 lineal feet of 12-inch storm sewers, the removal of inflow sources from three 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 will provide for the elimination of four (4) SSOs (BP-158, BP-196, BP-340 & BP-501) after construction of additional public I/I removal and post construction monitoring. This project is scheduled to be completed in 105 days. Motion was made by Trustee Mandel, seconded by Trustee Singer, that The ordinance no be Introduced. Trustee Faul asks that this ordinance and process be revisited Introduction of Proposed Ordinance 14579, Making a supplemental appropriation of Ten Million Four Hundred Thousand Dollars ($10,400,000.00) 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 appropriate additional funds for Contract No with SAK Construction, LLC for sanitary sewer construction. Edited 12/27/16 Pg. 17

18 Proposed Ord. No was presented and read. This supplemental appropriation will fully fund the construction for the project as planned in the initial appropriation. The requested funding above the planned appropriation for FY2017 will provide funding for an additional 800 feet of mainline trunk extension. This extension will reduce the mainline trunk length on the follow on project and will avoid disruption to the neighborhood along Suburban Avenue. This project is expected to be funded by Bond proceeds. Motion was made by Trustee Mandel, seconded by Trustee Bonner, that the ordinance no be Introduced. Introduction of Proposed Ordinance 14580, Appropriating Six Hundred Twenty-Five Thousand Dollars ($625,000.00) from the Districtwide Stormwater Fund for cost sharing for storm sewer construction in Emerling Evans Drainage Improvements (10241) in the City of Cool Valley, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement under Contract No with the City of Cool Valley, Missouri to provide financial assistance for storm sewer construction. Proposed Ord. No was presented and read. This ordinance authorizes the District to enter into an intergovernmental agreement with the City of Cool Valley, Missouri under Contract # The City of Cool Valley is having drainage improvements designed and constructed to address flooding and erosion issues in the La Paloma Terrace and Mark Twain Heights Subdivisions. The estimated cost of the drainage improvements is $625,000. This project will address yard flooding and erosion at eighteen residences that were identified as part of an MSD project. This agreement provides reimbursement up to $625,000 to the City of Cool Valley for the construction of this MSD project in the City stormwater project. Motion was made by Trustee Bobo, seconded by Trustee Mandel, that the ordinance no be Introduced. Introduction of Proposed Ordinance 14581, Appropriating One Hundred Twenty Thousand Dollars ($120,000.00) from the Districtwide Stormwater Fund to be used for storm sewer construction in Lake Valley Dr Storm Sewer Replacement (12535) 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 with Wehmeyer Farms, Inc. for the aforesaid storm sewer construction. Proposed Ord. No was presented and read. The work to be done under Contract #20465 consists of the construction of approximately 55 lineal feet of storm sewers varying in size from 12-inches to 18- inches in diameter, 86 square yards of natural channel stabilization, and appurtenances. The purpose of this project is to repair a deteriorated sewer that is causing cave-ins. This project is scheduled to be completed in 120 days. Motion was made by Trustee Yates, seconded by Trustee Mandel, that the ordinance no be Introduced. **Introduction of Proposed Ordinance 14582, Appropriating Eighty-Five Thousand Dollars ($85,000.00) from the Operation, Maintenance, Construction, and Improvement Fund of Coldwater Creek to be used for storm sewer construction in Rogers Lane #975 Storm Sewer (11119) 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 with J.H. Berra Construction Co., Inc. for the aforesaid storm sewer construction. Proposed Ord. No was presented and read. The work to be done under Contract #20500 consists of the construction of approximately 184 lineal feet of 15-inch diameter storm sewers and appurtenances. The purpose of this project is to alleviate yard flooding at 975 Rogers Lane. This project is scheduled to be completed in 60 days. Edited 12/27/16 Pg. 18

19 Motion was made by Trustee Yates, seconded by Trustee Mandel, that the consent agenda ordinance no be Introduced. Trustee Faul asks that this ordinance and process be revisited **Introduction of Proposed Ordinance 14583, Authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No with ABNA Engineering, Inc. for storm sewer construction in Creekhaven Drive Storm Sewer Improvements (IR) (12533) in the City of Des Peres, Missouri. Proposed Ord. No was presented and read. The work to be done under Contract #20494 consists of the construction of approximately 151 lineal feet of 18-inch diameter storm sewers and appurtenances. The purpose of this project is to alleviate yard and structure flooding in the area near Creekhaven Drive. This project is scheduled to be completed in 90 days. Motion was made by Trustee Bonner, seconded by Trustee Bobo, that the ordinance no be Introduced. Trustee Faul asks that this ordinance and process be revisited Introduction of Proposed Ordinance 14584, Making a supplemental appropriation of One Million Three Hundred Thousand Dollars ($1,300,000.00) from the Sanitary Replacement Fund to be used for construction management services in Construction Management Services Lower and Middle RDP Tunnel Facilities (11152) in various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No with Shannon & Wilson Inc. for the aforesaid construction management services. Proposed Ord. No was presented and read. This ordinance authorizes the District to amend Contract #11024 with Shannon & Wilson Inc. for an annual extension based on acceptable performance to provide construction management services for all tunnel projects included in the Lower and Middle RDP CSO Controls System Improvements project. The preliminary construction estimate for the tunnel projects is $746,500,000. This project consists of bidability and constructability review during the design of the tunnel projects and construction management services during construction. The estimated construction management contract ranges for the entire program contract is between $70 and $80 million. This contract amendment of $1,300,000 brings the current contract value to $6,800,000. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the ordinance no be Introduced. Introduction of Proposed Ordinance 14585, Making a supplemental appropriation of Six Million Three Hundred Thousand Dollars ($6,300,000.00) from the Sanitary Replacement Fund to be used for construction management services in Construction Management Services Lower Meramec and Deer Creek Tunnels (11826) in various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No with Black & Veatch Corporation for the aforesaid construction management services. Edited 12/27/16 Pg. 19