Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, November 13, 2000 - 8:10 p.m.______

Members present: Kreun, Glassheim, Klave, Stevens.

1. Applications for moving permits:
a) Peggy Sherven to move building from 101 Euclid Avenue to 1527 Chestnut Place
(residence and garage)
Bev Collings, Inspections, and Ms. Sherven were present. Klave and Glassheim moved to reaffirm their previous motion to approve the application for moving permit contingent upon final approval from Urban Development of sale of the property at 1527 Chestnut Place, and if that is approved, their motion will stand. Motion carried.

2. Matter of acquisition - Almonte Home.
Charles Grotte, asst. city engineer, reviewed copy of the Flood Protection Committee and the city council meetings from last June re. the Almonte Home - (to authorize the purchase of Valley Memorial Homes - Almonte, valued at a skilled nursing facility less insurance re- coveries by Valley Memorial and that we encourage the COE to accept valuation of the facility as a skilled nursing facility for flood protection purposes.) He noted that the building was appraised at $100,000 as it stands now as a vacant building; and at that time the Flood Protection Committee was entertaining an idea that the City should pay what it was worth as a nursing facility less payment from FEMA, and in August it was understood that the Valley Home reps. would be meeting with FEMA in the near future and resolve the issue so that we would know the exact amount that it would be costing the City. He stated the issue is still not resolved - that we are getting closer to starting construction of the levees, and this is in the first phase of the levee construction, which will start next summer and need to have all the acquisitions completed by May 1, and asked that the council make a decision whether they want to go with agreement that was proposed last June or go with acquisition at what currently appraised at; that the city attorney unable to do anything as far as acquiring the property.

Mr. Rydland, Valley Memorial, reported that the appraisal they had completed pre-flood on the Almonte Living Center was $3.755 million; expected proceeds from FEMA and insurance est. at $1.4 or $1.5 million and that puts figures at $2.2 or $2.4 million range; that they are trying to increase funding from FEMA; the Congressional delegation was successful in getting another review, that has happened and waiting for results on the revised DSR.

Pastor Wayne Stark, Valley Memorial Homes, stated that they were to have information today as to settlement, but didn’t receive it; that they have a meeting on Wednesday at 1:30 p.m. with FEMA (Regional FEMA Reviewer - Tom Bush - and engineer who drew up the original DSR) and will discuss what the final review has come to in terms of dollars and scope; that Chairman Kreun suggested that somebody from the City be at that meeting so that have first hand information. Pastor Stark stated they have had reps. from both Senator Conrad’s and Senator Dorgan’s Offices at a meeting, but have not had the opportunity to meet with the Congressional delegation themselves, but they are aware of the situation and trying to help move it along; Jim Hand from Senator Conrad’s Office will be able to attend their conference
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call with FEMA tomorrow and at the meeting on Wednesday.

After further discussion it was moved by Klave and Glassheim to hold for 2 weeks and would like information re. FEMA results and what our options are. Motion carried. (Kreun and Stevens will attend meeting on Wednesday at 4000 Valley Square)

7. Matter of Joint Power Agreement with UND
Mr. Grasser reported that Mr. Swanson has drafted the joint powers agreement which covers ownership and maintenance of infrastructure that the City provided for the University Village ($1.6 million CDBG allocation); that the agreement outlines the various ownership and maintenance activities for the items. He distributed copies of a map showing locations of utilities referenced to in the joint powers agreement.

Larry Zitzow, UND, stated that agreements perhaps should be considered for the entire section of the University and not only for this plot of land, that he has discussed this with City staff about the fact to identify those boundaries to make it clear for both the City and the University who is to do maintenance, etc. need to have series of meetings to discuss process to determine boundaries identifying that infrastructure. He stated there is another joint powers agreement they are working on with building permits, etc. that hasn’t come forward yet, that as they come forward will have taken care of and have to go back for previous years.

Mr. Zitzow stated there is a section in the agreement they would like to have changed - on page 1, item 2, to delete the last sentence, which reads “UND shall provide, upon the request of the City, evidence of competency and/or qualifications for its staff or its consultants to complete plan and code review and inspection services.” Mr. Grasser stated that he doesn’t disagree with that but it’s tending to mix two issues, re. payment of building permit fees, one of the options was if they didn’t want to take out a building permit fee, they would need to do the inspections themselves but would have to be done by qualified competent people, recognizing that someone has to be hired to do that, whether they do it themselves or we hire, and whether UND would do the actual inspections on their own utility lines here, the issue is mute as far as this project, because we did hire the engineer and had it inspected (CPS), and if it makes UND more comfortable that we’re not trying to put that issue in under this agreement, doesn’t have a problem with deleting it.

Moved by Klave and Glassheim to approve the joint powers agreement with the University of North Dakota, and delete the last sentence of item 2. on page 1, contingent upon final review
by the city attorney. Motion carried.

3. Matter of engineering agreements:
a) Consultant Services Amendment No. 1, KBM, Inc., Wastewater Treatment Plant,
City Project No. 4371.1
Hugh Viet, KBM, Inc., stated that KBM was hired to serve as the consultant or witness
for the City’s dispute of the resolution of the John T. Jones lawsuit against the City, with a
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budget of $10,000; that the dispute is not resolved - have established the file, provide copies for city attorney and the City’s insurance company’s attorney and reviewed that file with them - that the City’s attorney who was working on this is now deceased (Al Warcup) and that work is going to have to be redone for Mr. Swanson who is taking that over; and that they are amending the contract to state a maximum of $30,000, unsure of what the actual total will be in a lawsuit like this. Moved by Klave and Glassheim to approve Amendment No. 1 to the engineering services agreement in an amount not to exceed $30,000. Motion carried.

There was some discussion as to whether the City would recoup any of these costs - Mr. Viet stated this has been turned over to the insurance companies and some of these bills may be covered under the insurance, and that they are separating the bills. Kreun asked staff to check with Mr. Swanson that if the City should win the lawsuit if have availability to recoup the consultant fees and to include that information to the committee at their next meeting.

b) Construction Services Amendment, GFEG, Forcemain and Watermain Relocations,
City Projects Nos. 4814 and 4816.
Tom Hanson, WFW, stated that the contract amount is $47,093.40 for engineering services during construction phase services for watermain and forcemain relocations for the English Coulee Diversion, fairly complex coordination issues, that with water having to serve the Airport and Air Force Base and no way to valve off Simplot and are adding valves at Simplot, have tight timeframes and extended working periods when they do it. Moved by Klave and Glassheim to approve the amendment to the engineering services agreement in the amount of $47,093.40. Motion carried.

c) Construction Services Amendment, GFEG, Relocate Sanitary Lift Stations Nos. 1 and 5, City Projects Nos. 4809 and 4811.
Mr. Hanson, WFW, reviewed amendment to the existing agreement for construction phase services in the amount of $134,920.50. Moved by Klave and Glassheim to approve the amendment to the agreement in the amount of $134,920.50. Motion carried.

4. Matter of plans and specifications for Sanitary Sewer and Water System Modifications,
City Projects Nos. 4815.1 and 4816.1.___________________________________________
Mr. Hanson, WFW, reviewed plans and specs. to relocate the sanitary sewer and
watermains in areas where the Corps dikes will be constructed under Phase I next year, and relocates utilities, completes the water services, some on side streets where they will have to be cut off and where have to provide water services from the mains that will remain active, etc. and also line the sewers so make sure those don’t have leakage problems during flood fights. Moved by Klave and Glassheim to approve plans and specifications and authorize call for bids, contingent upon engineering department’s final review. Motion carried.

5. Matter of bids for Underground Piping, Wastewater Treatment Plant, City Proj. 4371.
Casey Hanson, KBM, Inc., presented tabulation of bids received from 7 contractors, and
recommended award to Molstad Excavating, Inc. for $919,070.00, contingent upon approval
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by the ND State Health Department. Klave and Glassheim moved award of the bid as recommended. Motion carried.

6. Matter of change orders:
a) C.O. No. 1, ICS, Forcemain and Watermain Relocations, Projs. Nos. 4814 and 4816.
Tom Hanson, WFW, stated the change order incorporates the Federal Labor Standards which were omitted when preparing the plans and specs., contractor is a union shop contractor - no cost change order. Moved by Glassheim and Klave to approve the change order at zero cost. Motion carried.

b) C.O. No. 2, ICS, Forcemain and Watermain Relocations, Projs. Nos. 4814 and 4816.
Mr. Hanson, WFW, stated change order covers an additional 100 ft. of forcemain and concrete casing pipe required to complete the project, $27,600.00. Moved by Klave and Glassheim to approve the change order. Motion carried.

8. Matter of agreement with LeClerc Real Estate and Surveying Service
Mr. Grasser stated that Ray LeClerc was the R/W and Platting Officer and retired several years ago, that they were unsuccessful in adverting to recruit for that position and in interim have been using Mr. LeClerc’s Real Estate and Surveying Service as a consultant, he’s providing minimal service to us now reviewing plats and we will need those services again into next year (approx. 10 hours week), hourly rate is $34/hour, and recommended entering into the agreement in an amount not to exceed $17,000. Moved by Glassheim and Klave to authorize entering into the agreement with LeClerc Real Estate and Surveying Service for the year 2001 on an hourly rate not to exceed $17,000. Motion carried.

9. Matter of Amendment No. 1 (Construction Admin.), WFW, Proj. 5139 and 5141, Rehabilitate Pump Station No. 26 and No. 12_______________________________
Mr. Hanson, WFW, stated the City awarded the construction contract and this is for engineering during construction phase, and is normal maintenance project; $58,325.00. He stated they have been evaluating where the next maint. project is; which are most critical for maint. Moved by Klave and Glassheim to approve Amendment No. 1. Motion carried.

10. Matter of consideration of construction bids for Proj. 5044, Landscaping S. Washington St. from Hammerling to 32nd Ave. S._______________________
Mr. Grasser reported this is a DOT project and is part of the entire South Washington Street reconstruction, bid separately as different funding sources (Transportation Enhancement dollars) and because landscaping radically different from heavy construction and thought could get better bids. He stated the DOT designed and bid it and are asking for our concurrence in award of the bid, City pays 20% of construction costs and 10% of
the engineering costs. Moved by Glassheim and Klave to concur with the recommendation of the ND Department of Transportation and accept the low bid of All Seasons Garden Center of Grand Forks for landscape enhancement in the amount of $78,731.90, City’s
share is est. at $16,515.59. Motion carried.
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11. Matter of Change Orders for various projects:
a) Proj. 5048 (Phase I), Dist. 563, Paving 42nd St. from University Ave. to 29th Ave. S., 17th Ave. S. from 35th to 42nd St., and 11th Ave. S. from 40th to 42nd St., C.O. No. 4
Mark Lambrecht, CPS, reviewed the change order in the amount of $4,213.39, Nodak Contracting, Inc., contractor; that Phase I is the northerly phase that goes from the Alerus to University Avenue, that the street is open to traffic except the connecting portion of 17th , which should be open the first of next week. He stated the change order reflects about two months worth of items encountered in the field as the construction progressed. Moved by Glassheim and Klave to approve the change order. Motion carried.

b) Proj. 5048 (Phase II) Dist. 563, Paving 42nd St. from University Ave. to 29th Ave. S., 17th Ave. S. from 35th to 42nd St., and 11th Ave. S. from 40th to 42nd St., C.O. No. 1
Mr. Lambrecht stated this is a change order on the Phase II project, southerly portion of the project from the Alerus to Amundson’s Funeral Home and includes connecting part of 17th Avenue - change order is a reduction of $2,910.09, Nodak Contracting, Inc., contractor (job has gone very smoothly but little bit behind schedule). Moved by Stevens and Klave to approve the change order. Motion carried.

**GFEG (Greater Forks Engineering Group) - Mr. Grasser stated this is a consortium (CPS, Ltd., Webster, Foster & Weston, and Advanced Engineering) that was formed during flood recovery where had large projects and inter-relationships (forcemains, watermains, lift stations, road construction, etc.) each consultant generally had its own area of expertise; they would submit a proposal as one entity and divvy them out internally to whomever had the most expertise and/or available time, etc.; that City didn’t have to deal with multiple contracts and multiple engineers, and yet there are different projects that they submit on their own. Info.

c) Proj. 4865, Sanitary Sewer Restoration Area 4, C.O. No. 8F
Mr. Hanson, WFW, stated this is final adjusting quantities of the sewer restoration projects, there were some adds and deducts and this is final adjusting change order with $15,220.00. Moved by Klave and Glassheim to approve the change order. Motion carried.

d) Proj. 5149, Sidewalks in Congressional Subdivision, C.O. No. 4
Mr. Grasser stated that when sidewalks were to be installed, found various utilities that had their boxes in the sidewalk location and in giving the utility contractors time to move their utilities that delayed the sidewalk contractor (Opp Construction) and he came in with request for mobilization, been negotiating this and think this is a reasonable amount of
compensation for the fact that he did have to leave the site and come back because of the
utility locates. Moved by Glassheim and Stevens to approve the change order in the amount of $1,260.00. Motion carried.

12. Matter of request for proposals for engineering services for Proj. 5217, Intersection Improvements at 32nd Ave and Columbia Road._______________________________
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Mr. Grasser reported that they have been negotiating with the DOT, that project goes back several years and was envisioned to be a small safety study where they were going to relocate some traffic signals and do some minor geometric work; that the DOT looked at it and when time for programming the DOT realized there was more work that needed to be done and est. grew to $1 to $2 million and funding source changed from safety funds to urban funds. He stated that the Columbia Road corridor report identified more geometric and safety items that needed to be done, project now starting to look at $5 to $7 million; that the DOT would normally do these things on a regional road (32nd would be on regional system, Columbia Road is an urban project) and have difficulty in determining what the scope of work should be on the Columbia Road corridor, as they have identified safety problems at 32nd, at entrance to the Mall, at 24th Avenue and all the way to 17th and beyond; that they asked the DOT to include limits in the concept the scope but DOT felt that was beyond what their concept report should address as being on the regional system. He stated DOT’s request and recommendation was that the City put together a concept report in which they determine what the entire scope of the project should be on our urban system; they in turn would basically hire the consultant that does our study to do theirs, so coordinated together. He stated there are some advantages to us in doing that as have direct input with the consultant and be able to influence the course of the study. Info. item to bring committee up to date, that they intend to do the concept report and scope, that once selection is made will bring that back to the committee or council for authorization to enter into the engineering agreement. He stated that he thinks this went from 2002 to 2003, and getting close to where have to get the concept report and project under design, but have to figure out how much the City can afford to do with our urban money - what should be reconstructed, geometric will change entirely at 32nd (additional lanes, filling ditch, etc.)

13. Miscellaneous items:
Glassheim stated he had several items for discussion:
a) status of closing out CDBG projects. Mr. Grasser stated there is one project that is running close to deadline (sewer repair project) - staff of Finance, Engineering and Urban Development meeting on a regular basis and going through that and everybody up to date.
b) He stated he talked with head of the Highway Patrol in Bismarck and that no one has discussed mater of traffic at Alerus, traffic could back up onto I-29 - Mark Lambrecht stated have work group for the Alerus, that rep. of Highway Patrol attended several meetings and felt comfortable that his questions were answered; they are on the mailing list for agendas and minutes. He stated they have good plan for initializing it and starting
(neighborhood traffic, to traffic on main arterials, bringing more multiple lanes into the
facility, etc.) Mr. Lambrecht stated he would call local Highway Patrol.
c) Snow - need snow and safety street clearance; and asked if need more manpower or organized properly - should sand intersections when events coming up.

Moved by Stevens and Glassheim to adjourn; meeting adjourned at 9:40 p.m.

Dated: 11/14/00 Alice Fontaine, City Clerk