MOPR'S 11/17/03 VP LEVEE CMSN MTG MINS
 

Notes:  Per this mtg, the COE's TPC estimate is now $49M.  City's own mins at bottom of page.

Present:  DM, BW, DS, DC, CLM, EM arrived 5:05, JZ arrived 5:15, JW, TB, JKB, RW.

Also Present:  Jim Mitas of Cgsm Akin's office, VP Citizen/Business Owner Vivian Blackman, JEM arrived 5:10, & Andy McCord of DG Purdy arrived 5:25.


11/17/03 Levee - Section  1 of  15

DC:  Call this mtg to order here.  (roll call - see above, plus) Jim Brust, he's not here;  what's, he workin'?  RW?:  Yep.  DC:  You're lyin' for him.  (BW laughs) Wait'll I see him.  RW:  He's deer huntin' too.  DC:  Is he deer huntin'?  ?:  Yeah.  DC:  Oh, that's good, that's alright.  JW:  How many ald are deer huntin'?  - JW:  Lee, I guess you're not a big deer hunter, are ya?  CLM:  _ I did all my shootin' -  JW:  Yrs ago, right?  It wasn't a deer (chuckle).  DC:  Ok. JZ, _ said he might be tied up in traffic.  Does anybody know anything about EM?  Is he off?  

TB:  44 is all messed up I think.  RW:  I heard I-44 is closed.   JW:  I like to shoot, but I just - ?:  Oh really!  ?:  They had a tractor-trailer off the bridge out in Eureka.  JW: but uno, to go out there for the deer, I just, 'cause I don't eat the meat.  ?: asphalt - ?:  That's what I heard, yeah.  DC: Well, I guess  - JW:  maybe I could understand it, but - DC: maybe Eric, the next time - ?:  Well that's east/west - JW:  I can't see goin' out there.  ?:  I mean eastbound _ _ - CLM: _ _ it's always cold & - JW:  Oh, yeah!   - DC:  Well, we'll - JW: Yeah.  DC: something without - CLM: It's no fun when _ it's all wet by the time you - (Pledge Allegiance)

11/17/03 Levee - Section  2 of  15

JW: Eric made it.  DC: Speak about the devil & here he comes.  ?: Here he is.  BW?: He's not deer huntin' after all.  ?: No.   DC:  Have any additions or deletions to the agenda, anybody?  Any ques on it?  EM:  I have an addition;  how about congratulations to uh the City of VP & tks to, to CLM & uh Cgsm uh Akin & his able assistant, Jim Mitas.   DC:  Ok, I'll put that D down, EM & you can - EM:  & everybody!  Our cap has been raised from $35M. ?: Cool!  EM:   So uh the, the process is there.  & I'm just delighted & think everybody else oughta be too;  it was quick action;  incredibly quick!  CLM:  Unbelievable! JW:  Sounds like it.  CLM:   Great job done by all because - JW: Good news.  CLM: we got good friends in Washington, & Jim Mitas who works here in St. Louis _ -

DC:  That's, that's good news.   Ok, I need a motion to approve the agenda.  JW:  So moved.  TB&?:  2nd.  DC:  I have a motion & a 2nd to approve the agenda, all in favor. (ayes)  Ok.  Do we have the mins for 10/20.  EM:  We do;  I only have 2 copies um, I'll give you one &, & uh, how about if I get 'em - I think it's locked.  JW:  Hey, is that door locked back there - copier?  DM: Not for long.  JW:  Oh, you gotta key, huh. (DM pulls door open)  JW: (laughing) I don't think that was a good lock.   ?: combination - ?: _ _ _ a new lock.  DM: _ machine - DC:  _ now uno.  JW:  I did that, I wouldn't _.   DS:  Uno I got a key.  DC: If you did that, you wouldn't be here next month.  JW:  (still laughing & DC too) That's right.  ?: _ - ?: _ - ?: _ - ?: The old credit card trick.  EM:  It's, it's turnin' on, David;  it'll take _ _ - ?: It wasn't locked.  ?:  No, it wasn't locked.  ?:  It wasn't locked.  (they laugh)  ?: much - ?: not much.  DC:  We'll take a few mins here to get these runnin'.  Are they runnin'?  _ _ the door.  DM: _ _ better, so.  

11/17/03 Levee - Section  3 of  15

CLM: While we're waiting, I'll, I would like to say that, that gettin' the congressional approval on raisin' the cap from 35M _ _ really quite an accomplishmt for our delegation because that uh was not in the House version or the Aprops Bill, wasn't the Senate _ Aprops Bill.  Secondly, you normally don't get authorization action, that's what this is, in an Aprops Bill;  that's not unheard of, but it's very unusual.  & for Sen Bond, Sen Talent & Cgsm Akin to have prevailed on the conferees at the last minute to get language like that in, clearly states raise the cap, & they didn't even try to do it , uh uno, without people knowin' what they were doin'!

It clearly states to raise the cap from 35M to 50M for VP.  We really were very well served by our delegation.  It's clear evidence of the fact that the City of VP uh & its residents have, for several yrs, made the case, the need for flood protection by the fed gov't;  & our delegation has certainly been most responsible for it.  TB: On to $50M, that should be (running?)?   EM?: (waves?) CLM:  Right, & that was our - we chose that #. TB: They let you choose?  CLM:  Yep.  

EM:  _ you may wanna tell 'em too, about the aprop amt. CLM: Oh, yes, the uh, as uno, the Pres' budget request was, was for 2M & the Joint Conference uh, reported out at $2,750,000 for FY '04 const project.  TB:  That's for us & that's what we can spend this yr?  CLM: That's what can be spent by the COE during FY '04;  it's really now COE's thru, thru to Sept of next yr.  & I've had several conversations with the folks in the COE about the, the potential need for add'l funding & ordered up _ _ _ _ _ _ _ _ _ _ _ wherever they can. They laid the groundwork for it by (studying or stating?) their capability of $7M & they sent the budget request fwd 12 months ago.  So the case has been made -

RW: Yeah, I know. _ _ _ - (others mumbling indecipherablly)  CLM:   District made everybody aware up & down the line that we need more money than we got & that, that was (that?) money transferred in _ _.    DM: (handing out mins copies)  Everybody get one?  CLM:  As a matter of fact uh, we also had a, I believe some assistance from Cgswm Joann Emerson, SW MO, getting the cap raised from 35 to 50M 'cause she was a member of the House Conferees.  None of our other delegation acts as members _.

BW:  So this new aprops, is that what will be spent in '04?  CLM:  No , the new aprops, that, that is the well, the 2.75M, that'll be reduced by Savings & Slippage by OMB, as far as the # of $'s that the COE actually gets at the Dist level.  But they're not restricted to that if they can transfer monies in from within the COE;  from other dists or divs that have money that they could not use during this, this FY. BW:  & that's within the realm of possibilities?  CLM: Absolutely, absolutely .  BW: So this contractor won't go hungry before the end of the yr?  CLM:  That's our job to see that he does not go hungry. BW:  Ok.  

CLM:  &, & we're gonna need more money.  He's, I think with his capabilities, his experience & what uh we know about him, he's, he's gonna be doin' a bang-up job. There is also a possibility in the contract language, the standard contract language that the contractor is aware of.  He has the option of agreeing to continue working even after he's noticed, notified of exhaustion of funds by the COE, if he choses to do so.  The contract provisions allow for him to be , once the money's aprop'd, not only to be paid the money that's due him, but actually I think there's actually an interest consideration there for the fact that he _ _ _ _ _ _ _ _.

11/17/03 Levee - Section  4 of  15

DC:  Have you all had a little time to read the uh mins?  CLM:  I was just coverin' your - JZ:  Tku.  CLM: your part there.  Not, not in the detail I'm sure you can.   JZ:  I'm sorry I'm late ;  I was caught in big jam on Hwy 44.  I guess they're closing down the hwy & everybody's getting off at 141.  CLM:  It's closed down at uh 109.  JZ:  Yeah.  I was close, but _ _ _.   DC: Did you have time to read the mins?  I need a motion to approve.  DS:  I'll make a motion to approve.  JW:  2nd.  DC:  I have a motion & a 2nd to approve the mins of 10/20/03;  all in favor.  (ayes)  Ayes have it. Discussion items - Item 4B Update.  Jim, you wanna jump in there?  

JZ:  Yeah, I'm not sure what you've all already discussed, but   uh I've got several things to talk about here.   Dave, Did you mention that you, you've uh assumed the AmerenUE relocations were all underway?  DC:  Right, they're down on uh Marshall Rd, down by the Lion's Club;  they're puttin' poles in.  I just went by there this morning & it looks like they're goin' down Sarah with new poles.  So they're doin', doin' some utility work at, on that end of the project.  I don't know how far, how far along they got today; but & of course they have removed the power inside the uh Sports Complex.  They shut that off like 10/20 , so there's no power into the Sports Complex .  JZ:  Ok, um, so I think that's good news that relocations are starting with uh AmerenUE.  

11/17/03 Levee - Section  5 of  15

Um, as the mins say, last time we - I was here last mtg, I mentioned that the Notice To Proceed, that the plan was to issue Notice To Proceed to our contractor 11/15, which was just a date they picked about the middle of the month;  turned out to be a Sat, but um, we have not issued Notice To Proceed yet.  But I think it's coming fairly, fairly soon. Um, I'm thinking uno toward the end of Nov or the first part of Dec is what I'm thinking about Notice To Proceed.  Uh -  

CLM:  Is there a hold-up because they're waiting for final action on the Joint Conference Report _ _ - JZ:  Yeah, there's, there's a hold-up for a couple reasons & I, I was gonna get into that.  Uh, & it's, I don't think, I don't think any of these things are, are huge problems, but I think they're gonna be resolved;   several different things will be resolved.

But uh our Contracting Officer is uh, is not issuing Notice To Proceed.  First of all, he, he wants a modification executed um to the contract because the contract right, right now reads that he, contractor has access to AL right after 11/30.  He wants, he wants uh the contractor & the COE to work out a mod to that contract that would change the Order of Work in the contract, where the contractor will uh, uno, basically some other things first & not charge any more than the agreed-upon contract price.  & we met with the contractor last Fri, & went thru that with him & he's preparing that mod.  He's not planning to ask for more money.  Um, so that's important & uh, but that, that itself is uh delaying the Notice To Proceed at least uh uno till next wk some time , ok .  

DM:  Jim, What's the reason for changing the Order? JZ:  Well, right now the contract reads that the contractor can use AL, uno, starting say 12/1 & uh, there's a, there's a property owner that we understand will not be out of his house - DM:  Oh, ok _ _ - JZ:  by that, by that point in time. & so we're , we're making plans & changing the contract to say he has access to uh AL the first of Nov, uh the first of uh Feb.  

But there's other work he can be doing & he's planning to just rearrange that;  & , & uno, to formally describe this in a mod is what our Contracting Officer has in mind, formally describe this in a mod before we issue Notice To Proceed.  &, & the contractor is being very cooperative in uh, in, in kind of rearranging the plan a little bit;  not a big deal to him;  & uh not charging any add'l money for that.  So that's, to me is a good sign.

The 2nd, the 2nd issue out there is that um there, right now the uh, uh Contracting Officer has been told not to issue Notice To Proceed until one of two things happens.   Uh, one is the cap on the fed uh limit be raised above the 35M , & the other, that's one possibility.   The other one is that we uh have an amendmt to our LCA that says the sponsor will pay for all the extra costs over the CURRENT cap which is 35M.

Now the, the logic - our Div office uh counsel & pr, project mgmt has, has the following logic: that, that the contract um doesn't - contract is for $14M;  if we spent all that money, we'd be above the fed cap basically, ok.   That $14M plus all the uh design work & the const mgmt that goes with that const contract will take us over the , the fed cap.  So, so if the fed gov't doesn't have their share, uno then we either need to get the cap raised or we need to uh have an amendmt saying the sponsor's gonna pay for the add' costs.  Um, that, that is the logic behind this.  

Uno, my, my feeling is that should not hold up, my personal feeling is that should not hold-up Notice To Proceed because there's provisions in this contract that say, the gov't, the gov't can direct this contractor to stop work ANY TIME WE WANT TO. Uno, so it could be proceeding with work, uno, half the job, or more than half the job;   & then uno, for a yr or so, & we would not have to stop work. & we, if we, & even if we DO have to stop down the road, we can, we can stop work based on provisions of the contract.   CLM: Absolutely.  JZ:  So our counsel has told ME that it's, it's perfectly legal to proceed with a Notice To Proceed;  um, so!  

11/17/03 Levee - Section  6 of  15

CLM: If I could interject here;   the position of the St L Dist talked (Dan or down?), certainly included Jim, was that there was no need to delay issuing Notice To Proceed 'cause the gov't IS protected by other contract provisions.  The Div office in Vicksburg which (begin?) the office of counsel & later, 2nd'd by the project mgr (officer in there?).  Jim used the term  logic;  I would use the term  illogic; they reasoned that the gov't was at risk if they did that without a mod which said the city has to pick up that.  

& all the while we told 'em, well, we're gonna get that, that changed;   if - we may not get it done this calendar yr 'cause this is a very tough thing to get done including the aprops process at this stage, but we're workin' on it.  Secondly, the contractor won't earn that much money till about a yr from now anyway;  & we'll certainly have it done before then.  

But the Div position is still, we don't care, we want no Notice To Proceed till one of those 2 things happen;  & that's been made moot now in effect by the fact that uh we do have the Joint Conf Report that raised the cap.  The House did not vote on anything this wk.  The House & Senate, both be in next wk, & we anticipate that uh before they go home for the  Thanksgiving/Christmas recess, that they will both pass the Conf Report.  Then it would go , then go to Pres to sign it in law, & then that would relieve any concerns that they have now to this point.

JZ: I would say that they're, every, everything, every problem I've mentioned, we're making good progress , ok .  Uh - CLM:  Both of those - JZ:  CLM says uno the, the cap, a good , good chance the cap is gonna become law, the raise in the cap to 50, $50M will become , come law be, between now & a couple wks from now.  On the other hand, uno we've got this amendmt to the LCA that we've worked on & EM has reviewed & it's gone fwd to our Div office, to Hdqtrs for, for their processing;  so that - CLM: _ - JZ:  that's moving along too. Um & um - CLM:  The cap - JZ: the cap is the most - CLM: raised _ - JZ: important - CLM: limit - JZ:  thing & the best news of all by far, so uh the cap being raised.

CLM:  & what you're saying really, is Notice To Proceed is being delayed by the AL property owner situation. JZ: I'm, I'm  kind of anticipating that everything's, well, one way or the other, will be resolved - CLM: Oh, yeah;  we know that.  JZ:  So last wk like I said to start off with, last wk, last part of Nov, earliest, early part of Dec & we will be abe to issue Notice To Proceed.  

11/17/03 Levee - Section  7 of  15

DM:  Jim, Did you say the cap hasn't been raised?  JZ:  Well - DM:  I mean it's in - JZ:  It's in - DM:  You said - CLM:  The - what, what's happened is - DM: there was.   CLM:  What's happened is, the House passes a Bill & the Senate passes a Bill & they have differences.  So they go to Joint Conf where members of each of those 2 Aprops Subcmtes, or some of 'em, are appointed by the House & the Senate to be members of the Joint Conf.  They then meet & they resolve differences in the Bill.   How - normally, & I mean like 99.9% of the time, you can't come out of the Joint Conf Report with a Bill that they both agreed to, that has anything in it that wasn't either in the House Bill or the Sentate Bill going in.  

We didn't have this language in the House Bill or the Senate Bill.  We prepared the language, working with the COE, & gave it to our congress'l delegation & asked them for their help in putting the language in the Conf Report, kind of after the fact;  & that WAS done.  We now have the Conf Report; it has been printed & -

JZ:   I, I've got a copy of the Conf Report here & this, again, the cmte, the Conf Cmte of the House - CLM: Conf Cmte - JZ: & Senate - CLM: issued - JZ: has voted in their, in their Bill - CLM:  The Conf Report then becomes the version for both the House & Senate;  but since it's different from what the House passed & what the Senate passed, it has to go back to the House & Senate to be approved by a vote of the House & Senate.  THAT will be done; that's auto, that's automatic.  Then after that, it has to be sent to the Pres for him to sign into law.  

There's nothing in this Bill, &, & I have read thru it, that is controversial enough from the Pres's viewpoint, Administration's viewpoint, that he would hesitate to sign the Bill.  So it's a done deal;  it's just they gotta vote on it & they will;  he's gotta sign it & he will.  Then it becomes law;  then the guys at Div can't argue about anything.  JZ:  Yeah & they won't;  they already know - they, they're aware of this language & they've already said uno, if this passes, then there's -

DM:  & how long does it take for this, all these steps to take place?  CLM:  Depends on when they vote.  They're very anxious to get out of that place.   Uh, they were originally scheduled to wrap it up & go home until next yr on the 21st, but I don't think they're gonna make it.  DM:  & the Notice To Proceed, you said, Jim, can't happen until this actually is signed by Pres Bush.  Is that correct?  CLM:   Yeah, that's right.   You're correct.

JZ:  Well, if, if that happens, it can be signed, the Notice To Proceed can be given if the amendmt - uno if that doesn't happen & the amendmt gets executed that we're talkin' about - DM:  modify the contract - JZ:  Then, then that also, the Notice To Proceed could be, could, it could go fwd. & finally, if none of, neither one of those 2 things happen, the top mgmt within the Dist discusses it with top mgmt in the Div office & they say & they make, come to the conclusion that we should proceed with the contract now, then that I think could - CLM: Yeah.  JZ: cause us to have a problem issuing Notice To Proceed.  

CLM:  What's happened here is , to boil it down to its essentials , this is a POLICY matter.   This is not a LEGAL matter or a CONTRACTUAL matter.  The policy matter should be decided by the commanders, the head of the org.  At this point in time , the commander in St Louis wants to resolve it, to solve it, but he hasn't yet talked with his boss, the General in Div, because we were taking care of it thru the congress'l action.   Then when push came to shove, then I think those conversations could take place & it would be resolved I think once again the way we think it should be.  

So I'm recommending that uh the city nake, take no action as far as further consideration of the amendmt.   The COE has to - JZ:  Well, they haven't, they haven't even - CLM:  No.  JZ: The amendmt's in reviewing, in, in review in Washington right now;  when it comes back approved, then there'd be a -

EM:  I put it in the packet, by the way, together with the House Report & excerpts.  CLM:  But there will be no need for the city to act on that.  

DM:   Lee, What's your best guess for a Notice to Proceed , or Jim, either one ?  Like you said early in Dec, is that what - JZ:  I said late - CLM: _ - JZ: late Nov, early Dec.  I mean I feel good about that possibility.  DM: say around the 10th of Dec?  Is that when the 18 months uh clock starts tickin' is when they get their Notice To Proceed?  Don't they have 18 months to finish?  JZ:  Yeah, that's right.  DM:  Ok.  JZ:  but it's after Notice To Proceed.  

11/17/03 Levee - Section  8 of  15

I, I guess I'd like to switch & talk about the contractor for a minute here because uh everything we've seen so far, including our mtg with them last Fri, is, is really kind of positive because uno they are saying - they're being flexible;   they're saying uno, we're not gonna be angry if you don't give us the Notice To Proceed 11/15 because we've got this other big job that's going on in KC that, that we are working on;  but on the other hand, if you give it to us, we'll, we can start, but uno if you have to wait until the first part of Dec, that's ok with us too.

Uh, this contractor, & I've said this before, uh Env'l uh Specialist, Inc, the parent co is a co called Republic Services which is a very large co that has actually Billions of $'s of income per yr.   &, & again, the gen mgr, Alan Wolfe of, of uh Env'l Specialists, Inc said that in the past, that parent has agreed to proceed with const even if the fed gov't doesn't have the money or, or the COE doesn't have the money to, to pay the contractor because they, they're uh, they're policy is to get in;  build the project right;   build it fast; & get out;  & that's how they - CLM: Smart.  JZ:   that's how they make money.

CLM: & the parent co has big enough, deep enough pockets to let their subsidiary go thru with it - JZ: I, I think what - CLM: Why they got the bid.  JZ:  we're fortunate that we have this situation because - CLM: Absolutely. JZ:   we could easily - he said, he said if, if it was , I, my co alone, which it was before it got bought - CLM:  He couldn't do it.  JZ: he could not - CLM:  He couldn't do it. JZ: he could not proceed with the work uno .  CLM:  He couldn't meet his payroll.   He couldn't meet his payroll so he'd _ _ _ _ _ - JZ:  So we're just lucky to have a contractor who's, who's owned by a parent that can support this kind of effort. Um -

CLM:  What Jim's talkin' about is if we don't get any more than the 2.75M during the yr, then at some point in time , the contractor gets to the point where he had earned that much money, & basically, the contractor's already formally indicated that uno, I hope that's not the case, but if it is - JZ: Let me, let me describe - CLM: we can keep working.

11/17/03 Levee - Section  9 of  15

JZ:   the funding situation to you. Um , this same House/Senate Conf Report that, that has the $50M cap in it, also says that uh $2,750,000 will be provided for the VP Project , ok .   & um, that's an increase over the Pres' budget of $750,000.   We, looking at, at the Schedule of Work here, what our intention is, is, is to, if we would have this uh 2,750,000, there's always a subtraction off that called Savings & Slippage & they're est'g it's gonna be 13.6%;  so if that's subtracted off, then we'll be handed $2,376,000 to work with once this budget is passed ok, by Congress & signed by the Pres.

With that kind of money coming in, Eric, I, I would ask for a little bit more cash contribution.  I've already asked for cash contribution based on the Pres' budget, but I would refigure, & I've just roughly figured maybe it'll be a total of 200,000, instead of why the 178 I asked for before.  So that'd give us 2,576,000 to start with so to speak.   & what I've done is layout how I would spend that money.  & I would, I would spend the sponsor's money on this const contract;  I've spent about A Million Five of that money on the const contract, to pay the contractor;  so it's $1,700,000.

Based on projected earnings, & really, these, these projections are made by our own const people - we don't have the contractor's own schedule yet - we would , we would uh be able to pay him until about mid-March & then , then he's out of money , ok .   The rest of the money that comes in at the beginning of the FY, I would move aside into our const mgmt effort & our eng'g during const effort, ok;   'cause there's a lot of support that has to go on for this contractor while he's working.  & I need to have money in those 2 places because the contractor may keep working without being paid.   So we, we uno we anticipate that if he's going to decide in March to keep working, well, if he keeps working, we still need to have our people out there managing this const & providing all the eng'g support while he's working.

So I'm , I'm holding money for that & I've , I've got enough money, I figure, to take us thru the end of July , uno, to support this const contractor.  & that's kind of where I would be with that first part of the uh fed & non-fed $'s.

Meanwhile, there's other possibilities of money coming in as CLM has mentioned , &, & so we would hope that money comes in uno during, during the const yr to uh both pay the contractor & uno pay the COE to finish out the FY in, in managing that contractor's effort.   So it, it puts us in a pretty good position to uh to continue to work & the fact that the contractor's planning to continue work even if they don't get paid, that also puts, I think, puts us in a very good position, that the, that the job is gonna be done as, as quickly as possible which is all of our goal.  (JEM's cell phone chimes away.)  CLM: I tell you, you've done a good job of managing (chuckle) these crazy resources to get - JZ:  Yeah.  CLM:  to get us that way;  that's great.

JZ:  Yeah, so that's the plan;   uh, maybe that's more detail than you all wanted to hear, but it's - I thought it'd be worth talkin' about.  CLM:  I think they should know.  Straight-fwd, easy way would be for Jim to say here's what we got & (goin' out this wk?).  What he's done, he's rearranged things so that for the same amt of money, he's able to keep things goin' further than, than we'd have otherwise - imaginative uh planning.  JZ: That's just the plan;  uh so, that's all I have for an update on 4B.  JW:  Give him my checkbook, see if he can do some creative financing like that with home _ _.   JZ:  That might be impossible. (several laugh)  CLM:  I could use some help there too.  

11/17/03 Levee - Section  10 of  15

EM:  The only thing I wanted to add, I, I, I know Dan asked, well, you mean it hasn't passed yet;   there's what 13 aprops bills?  CLM:  That's right.  EM:   &, & the, the gov't has been operating on a Continuing Budget Resolution since the close of their FY 'cause they should've had the budget kind of like VP - always, never gets it done in time.  CLM:  On the 3rd one now.   EM:  Ok, so they, they're on the 3rd & , & there's probably Conf Reports on 5 or 6 more, but , but it, it really is - once you get a filed report, history says that - CLM: gonna happen.  EM: it happens, so the, because it's a bi-partisan effort & a Conferee effort & everything else.  So it's really just getting these guys together to vote.  CLM:  & get the Pres to sit down & sign the bill _ _.

EM:  If you look at past calendars, they meet at 2:00 & adjourn at 2:05;  what, last wk uh every day I think.  CLM:  Yeah, that, the House is doin' that.  What they do is, if they don't meet, actually uno, have the prayer & go into session some time each day, then that affects a whole bunch of other things.  So they, they do that even tho there's, the House did not take any votes this wk, but they still - JW: Still met - CLM: open up each day.

But basically, the, the pressure is on both the democrats & republicans in the House & Senate to pass all 13 aprops bills before they go home for Christmas because they're both gonna be criticized by each other & by political advisors & commentators if they don't.  Republicans will be blamed because uno, since you guys are in charge (someone coughs), _ a very good Congress, which is what the republicans accuse the democrats of when the democrats are in charge.   & you have other people accuse both sides, (pox?) upon your whole family because uno you guys both should've both gotten together & done this.  So they don't wanna be in that position;  so they're going to act fast.

I would think all of the aprops bills  - there may be one that is too difficult uh for them to chew on right now, but this one is one that uh they will all want to pass;  & it's fairly simple to get it passed.  So I don't see no problems on the vote, both on the House & Senate floor & the Pres' signing the bill.

EM:  Just in a passing note, the, the first Bill they always pass is their OWN aprops for uh Salaries & Maintenance of the House & Senate; &, & they did pass that;  that was the hard one this time.  CLM:  That & I think the Military Const Bill;  I heard that'd been passed.   TB?: I read that in the paper, they passed that one. CLM: & they passed the DOD Aprops Bill (not to fund DOD?) but, don't think that's been uh signed _ _ _ _ _. 

11/17/03 Levee - Section  11 of  15

DC:  Well, I might add I, JM & I  had a chance to talk with the contractor about uh relocations & things the other day & they uh talked to, told us that they'll probably start in the (g/p) glass plant & their, their work will probably start on the uh 3rd St uh drainage & the 5th St drainage thing.  They'll do some, pull their machinery in & do some grinding & whatever they're gonna do & clear that area.  & that will be their first, their first thing because that seems to be one of the things that's gonna taken 'em a little while to do with all the concrete work & all the digging & layin' the pipe & that.  & he said that's really where they're gonna start their project at there .

They're also trying to uh lease or rent some ground from the Absorbent Cotton Co to uh locate their uh trailer & their uh, their equipmt, put their equipmt there.  He said most of the equipmt, they'll probably store in , in the g/p area, up on those berms until they get it all ground up & everything & get that all moved.  But their contracting with them & uh so uh I don't really know if they had reached an agreemt with 'em or not. JZ:  They mentioned that - I don't know if they said they have or they're ready to, but they're -  DC: That day - JZ: very close to havin' - DC:  they were mtg  with 'em that day to - JZ:  They're gonna put a fence around it & put rock in & - DC: work out a lease or something - JZ: pull their equipmt in.

DC:  & a couple that have called me about the property - CLM: They're good.  DC: buying the property over here at the Cotton Plant. & uno they were very, uh they all seemed agreeable, if they want, if they're buy, if they buy it or go thru it or even the real estate people, that there'd be no problem for them to lease it or whatever goes, whatever the cotton co does, they'll go along with it because so, uh,

& they said that there wasn't really uno that big of a deal about gettin' the poles & the fencing out of the uh Sports Complex, but our people have started & as work proceeds, they go down & because it's really a mess to get , get out because the fencing & everything is growed up with uh trees & everything else & it's quite a job & we don't have really any big equipmt.  But Jim is workin' on gettin' that.  I think they got most of that backstop, a wooden backstops or outfield fences down & probably just scoreboards & things like that.

& there is some, the Parks are working with some other people to maybe remove the poles & take the poles & the lights & get rid of them. But whatever, if they don't agree on it, like I told 'em, we'll, the city fellas will go down & put the uh chain saw to 'em & put 'em on the ground & do whatever they have to do to get 'em outta there;  that's it because & the contractor uh said that if that comes there & they're all set up & they're goin', that uh don't worry about havin' to cut 'em down or anything.  He said he may take his big uh trackhoe over there & he'll put 'em on the ground with this without any problem at all.  It'll only take him, he said about 3 passes thru there & he'll have all the poles on the ground & stack 'em up & put 'em where we want 'em whatever he wants to do because & I,

I really feel that we have a good contractor.  These fellas are really, they're uno they're very, very cooperative & don't seem to do & like uh he said don't worry, we _ _ _.   I said well, uno there may be some problem of stoppage on this.  He said don't worry, we don't, we don't stop on jobs;   says once we start a job, we finish it.

CLM:  & I'll say I bet they - DC: So that, to me meant - CLM: follow (donavit?) & they'll finish - DC: that they're not - CLM:   ahead of schedule.  DC: they're not gonna uno, once they get started, they're uno, it's - & that's why I think we have to keep ahead on this stuff.  & Jim & I are still workin' on this bid spec for removal of the asbestos & the demolition of the houses in there.  & what we're tryin' to do is get it set up where we can have a contractor go in & locate the houses & what they have to do & have 'em test it for asbestos & get that done & then start individually, tearin' the houses down as they come, as they become available & everything, & we'll work, work that out.

11/17/03 Levee - Section  12 of  15

TB:  Is this contractor that much bigger than the - who was the 2nd contractor that they had in St L to take - uno that bid on this project?  Are they that much bigger than them?  JZ:   It was Kozeny- Wagner was the other one that bid. Yeah, the, the Kozeny-Wagner uh doesn't have the parent co that uno , far as I know.  DC: Right. JZ:  It's - CLM:  Uno Kozeny-Wagner, by itself, is bigger than this contractor by himself;  this was a family-type operation when it started out, but they were bought by this larger conglomoration.  But this is really a top-flight contractor & this guy goes in smart.  He mobilizes, puts his equipmt, people in the job & gets outta there under the schedule ahead of time & that, that costs him low.  That way, he's got equipmt & people he can go work somewhere else & earn a lot more money.   & uh, he's doin' this on a very tough job over north of KC.  He's had experience in this sort of work, knows what he's doin' & as Jim pointed out earlier, we're luckly because he could continue working without being paid because he's got a parent co that's gonna - JW: deep pockets.  CLM: _ _ _.

JZ:  That does definitely, I mean there will be an interest paid if - CLM: Yeah, I bet ya _ _ _  - JZ:   when actually they can't - but I, I think that uno that's definitely the most cost-effective way to - CLM: Oh, absolutely.  JZ:  If we can finish this con, this project early, er ASAP - CLM:  We will - TB:  Does he get a bonus or anything if he finishes - JZ:  We save on administration costs; uno  - CLM:  Generally, there are - JZ: that's really - CLM: there are bonuses for finishing - JZ: I, there, not in, not in the gov't contract - CLM: not in _ _ - JZ:  not in COE con - there's no bonus for finishing early, no.

DC:  But there's money in it for him -  BW:  Is there any provisions for him uh finishing early that uh he's makin' too much money so we're gonna take it away from him?  JZ:  No.  BW: _ 3 months or so?   CLM:  No, finishing early, he makes money.  BW:  Well, yeah, but uh - JZ:  He's, he's under contract to build what we said he was gonna build & that's what his - DM: 16 months or - JZ:   If he builds what we said he's gonna build with the price, uno - BW: That's his problem _ - JZ:   we got in there, we will be totally happy!   JW:  If he does it in a wk _ if he doesn't -

CLM:  We're lucky;   we got, we've got what we might say is the best of both worlds.  We've got a fairly small family-started business that has those type of ethics & morals & principles in doing work, but they're experienced in doin' this type of work, they can do a big job & they got a bigger parent co.  So, only thing I contribute that to is clean living by a Jew.  (JW chuckles)

11/17/03 Levee - Section  13 of  15

DC: Any ques on Item 4B update?  Uh, do we need to go into cost share for the project?  JZ:  Uh, I think we oughta mention that a little bit here.  DC:  Ok, go on.   JZ:  As we sent this um, amendmt to the LCA up to Wash for review, we also sent a, with, with that, a, what's called a uh a Checklist, ok.  & there's a requiremt in the , the, that the Checklist uh delineate the costs, the cost est by FY so people can kind of anticipate when money is needed.   & uh, prior to developing the total cost est, uno, I updated the total cost est.

I think I told you maybe last time that, that I updated that est by putting in the amt that this contractor actually bid for the job, for Item 4B uno , of the $14M & then I added contingencies to that because I, uno, it's certainly possible that something is gonna be run into while he's doing const that's gonna cost the price to go up;  so I added 10% contingencies on top of that.   So that, & then I've raised uno the real estate & the relocations cost est by some amt to, what seemed, what seemed reasonable.

I basically raised, raised the TPC est to $49M, using a round #.  & uh then I had to uno anticipate how that money's gonna be spent.  & I've anticipated that in FY '04, the current FY, I've anticipated the contractor will continue to work, uno like he says he will;  & that he will earn about $8M ok .   CLM:  That's in '04.  JZ:  In '04 - So I, I've, with that uno I've developed an est of uh uno what we would need, both the fed gov't & the sponsor.   Uno if the um the cap is raised to $50M like it's in the language, then uno the, the cap problem goes to way & , & you're simply dealing with your normal 25% share, plus, uno including lands & relocations.  So the cash contribution for this FY under that scenario would be a total of $593,000 ok ;  just to give you an idea.

CLM:  That assumes that he would earn the est'd 8M & that you have the fed funds to pay him the fed share.  JZ:   Yeah, right.  CLM:  As I understand it, Jim, & I just wanna make sure I do understand it, if he keeps on working & you run outta money & you're not paying him, then the city's increased share doesn't come due till you get the money to pay - JZ:  Well, I, I haven't actually figured that completely out, Col;  but & it might be that we would say to the city, well, we owe, we know WE don't have the money, but maybe you guys can contribute your normal share;  but I don't know!

CLM:  Well, I think the share is - isn't it tied - JZ:  It should be tied to the fed $'s.   CLM:  Yeah, that's what - JZ: I mean that's one, that's certainly the most, the one several, one good way to look at it & I don't know if there's any other way to look at it or not.  But it's, it's not that big -

CLM:  I bet you the St L Dist has never come across a case like this.  JZ:  In any case, uh whatever fed $'s we get, we'll ask you for a matching, uno a matching amt & that's for sure.  & if we end up getting, before the end of, somehow, before the end of uh Sept, all the money we need to pay this, this contractor & everybody else, we'll be asking you for $593,000 by that time.

11/17/03 Levee - Section  14 of  15

EM: I, &, & just my own thoughts here, I think the city can be flexible;  it's like we're getting 1.3% interest a yr on the money that we have in the bank, but if it keeps the project going, I, I mean I don't know if - JZ:  So - EM: advancing, 'cause you tie it to 5%.   JZ:  Huh?  EM: You tie it to 5%, not the 6 or 7 - JZ:  Yeah, the 5% roughly, well, it's actually - uh when we refigured the cost est, uno it was like 6.3%, something like that, but yeah, of the, of the total.

Uh, then, then uno goin' to the next FY 05, I uno I'm, I'm saying that uno, when it comes to the contractor keeps woring, working, we're done, we're done with the project in fiscal 05.  So the rest of the money gets spent next FY , ok .  So we, we need a certain amt of money & uno & you need to provide uh the remainder of the cash contributions &, & then we're done fiscal 05.

They, there's always a little provisal;   maybe, maybe he has to work - uno the next Spring, come back & check & see if grass is growing properly or whatever, but uno, the bulk of the work including flood protection will be done in 05.  & if - I show all the money in this schedule being done, spent in 05, FY 05.

EM:  As far as the city's standpoint gone, what I'm doing now is updating the cost share report to the COE uh bringing the figures fwd from the last time that we reviewed we've got, but it's up thru 3.   JZ:  Oh, yeah, right.  EM:   &, & now we're in the 4th stage & our credits - we obviously want to mirror their increase - well, we, we wanna give them a full & complete audit of what we're doin'.  JZ:  Uh, uh, oh, the actual costs.  EM:  Right.  ?:  right.  EM:  We wanna get 'em up as high as we can 'cause THEIR project costs went up;  so that's what we're doin'.  JZ: & there's our notes out there for your, for your costs.  So there , that's a little summary (chuckle) of sponsor & COE cash contribution or -

11/17/03 Levee - Section  15 of  15

DC:  I think we've already covered the fed & sponsor funding for 04 on this whole thing.  JZ:  No, I, have, have you talked about the fact that we need money?  I assumed you talked about that before.   Uno, again, 04, obviously uh $2,750,000 is the aprop expected to start off with;  so we will be short, well short of money in 04 & we need to get more money - CLM:  Oh, yeah, we -  JZ:  thruout the yr.  CLM:  we discussed that.  JZ: Yeah, so that's, that's important ok .

DM:  Jim, Is the 6M - if we could spend everything we think in this next yr, how much - remember when we said how much - if there's just a big bucket of money, how much money for 04 , how much ?  CLM:  Probably about 5.75, point 8 Million.   JZ:  What, what, well (chuckle) - JW: You said it's 8.5 in July or something?

JZ: What I show, what I show, if the contractor spends $8M ok, in fiscal 04, I'm showing that the sponsor would, would pay, what did I say 596,000?   ?: _ _  - JZ: &, & the, & the gov't would uh ...(exchange tapes)...

MM:  How much did you say?  JZ:  8,500,000.  CLM:  That would cover the contractor & the COE (price?).  JZ:  Right.  DM:  That's how much the gov't is gonna need for the next yr;  you said _ _ thousand?  JZ:  Roughly, that's um that's my est, yeah.  CLM:  So we're lookin' at we need about, as, as the mayor said, we need to get about another 6M (out separately?).  JZ:  _  - CLM:  To be able to (do that?).  JZ:  Yeah.  CLM:  If we could - to get 100% _ _ - JZ:  Yeah, exactly.  CLM:  _ the COE.  Hell, it's only money.

JW:  Call Hillary. (they laugh)  CLM:  She's too, she's too busy.  Tell everybody she's not runnin' for Pres;  & now she is.  BW:  Who's that?  CLM:  Hillary.  BW:  Oh, she'll run.  CLM:  She's waitin' to see how, how the polls _ _ before she looks like _ _ _ - BW: She's been waiting for a draft at their convention.  CLM:  only if she thinks she can beat Bush, otherwise she'll wait till two thousand _ _.  DS:  She's got one vote;  mine.  DM:  What, her own?  DS:  Mine!  ?:  2 votes, alright.

DC:  Ok, gentlemen, the next Levee Cmsn mtg will be 12/15/03 at 5:00.  Maybe, maybe we gotta start on the project - CLM:  By then I think we will be able to announce the Pres has signed the Aprops Bill into law. DC:  Boy, I hope so.  CLM:  & the COE will say we issued - DC:  I need a motion to adjourn.  JW:  Move to adjourn.  DC: All in favor. (ayes)  The ayes have it.   (end of 11/17/03 mtg, about 5:50pm)


CITY'S MINS OF 11/17/03 VP LEV CMSN MTG

The mtg was called to order at 5 pm at VP City Hall. Present were: DS, JKB, BW, JZ, EM, CLM, TB, RW, DM, JW & DC. CLM announced the House Conference Report, as filed, contained authorization language increasing the $35M cap on fed spending to $50M. He also announced a FY 04 aprop of $2.75M was contained in the same report.

JZ indicated notice to proceed to the contractor was delayed pending legislative approval of the house report, together with a mod of work due to Arnold Dr area, further a mod needs to be made to the PCA {sic} & approved. DC reported on the first project may be the 3rd St & 5th St drainage to Glassworks; also lease opportunities to ACCO {sic} being explored by ESI. A partnering mtg 12/15/03, at 9:00 at City Hall is to be held.

DC reported Ameren UE was performing utility relocations; all power in the Sports Complex was shut off on 10/20/03. The mtg adjourned at 5:50 pm. Eric M. Martin, Acting Secretary