Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, January 10, 1994 - 7:00 p.m.

Members present: Hagness, Beach, Beyer, Glassheim.

1. Consideration of contractor's request for additional compen- sation on Project 3936, Red Lake River Intake.
Mark Lambrecht gave brief overview of project; that project designed by Advanced Engineering, and Olander successful bidder; construction completed and project working well; that item under discussion, request for additional compensation in two different areas: 1) extra work required because of failure of link seal around large intake pipe, $9,472.62; and 2) extra work for excavation of pipe boring pit on basis of soil conditions (installation and removal of steel sheet cofferdam), $64,473.00; and delayed consideration so contractor could be here. He stated that Advanced Engineering has said they didn't feel they could be supportive of contractor's entire claim.

Barry Olander, president of Olander Contracting; Don Lindeman, on-site superintendent for Olander Contracting; Charlie Vein, president of Advanced Engineering; and Cal Thelen, on-site rep. of engineer during construction; Jay Fiedler, rep. Mr. Swanson, city attorney; were present.

Mr. Olander and Mr. Vein reviewed papers submitted to the project engineer, City and to Olander Contracting documenting various aspects of the project relative to the claim, etc.

Jay Fiedler advised that under plans and specifications the contractor was not instructed to do open pit construction, that construction techniques up to the contractor; that as to matter of soil tests, when owner provides he is obligated to provide accurate reports, that owner does not interpret those reports, that it is up to the contractor to interpret those reports; that City did what was obligated to do.

After further discussion it was moved by Beach and Beyer that the amount of $350,000 be offered as settlement for the entire project, or an amount of approximately $30,000 in addition to what's previously been paid under original contract.

After further discussion Mr. Olander stated he would accept $35,000 additional dollars as full settlement of his two claims.

It was then moved by Glassheim and Hagness to amend motion to increase amount of settlement to $35,000. Motion carried. The motion, as amended, carried.

(A budget amendment is required within the water maintenance budget to cover the amount of the settlement - to transfer $35,000 from carry over funds to work in progress for Project No. 3936.)


MINUTES/PUBLIC SERVICE COMMITTEE
January 10, 1994 - Page 2

2. Certificate of substantial completion, Project 3936, Red Lake
River Intake.
Mark Lambrecht reported project completed and working well. Moved by Glassheim and Beyer to approve, and to authorize appro- priate City officials to sign said certificate. Motion carried.

3. Matter of consideration of bids for Project 4061, Leachate
Collection Phase II.
Copies of the bid summary were presented to the committee, indicating that Molstad Excavating, Inc. was the low bidder. Three bids had been opened for this project. It was reported that the bid of Lyle Wilkens, Inc. of Crookston, MN was not opened because the bid did not include copy of contractor's license renewal (attached to bidding envelope). Both Mr. Fiedler and Mr. Swanson advised that the City has in the past refused to open bids not meeting this requirement. The committee was advised they did have discretion to waive defect; the committee took no action. It was also noted that Molstad Excavating was contractor for Phase I.

Moved by Beach and Beyer to accept the low bid of Molstad Excavating, Inc. in the amount of $137,930.00. Motion carried.

4. Matter of ordinance regulating neon signs.
The committee reviewed proposed ordinance. John Larson, Code Enf. Officer, reported they have had some problems with neon signs that resulted in fires; that after fire they did some inspections and found instances where not properly wired and some potential hazard; that they then brought the matter to the Electrical Board and discussed at meeting (including installers), and it was agreed that some control needed. Mr. Vein, who is on Electrical Board, stated they discussed this problem, and that electrical contractors and sign installers aware of proposed changes in Code. Several provisions of the proposed ordinance were discussed; i.e., length of experience of applicant (three years), fees. Moved by Beyer and Beach that the proposed ordinance be approved and introduced for first reading. Motion carried.

5. Matter of snow removal.
Mr. Hagness brought up matter of snow removal; that he has received many complaints - plows going so fast throwing snow up onto sidewalks; driveways and sidewalks being blocked with heavy chunks of snow, etc. Mr. Vein stated they will look into the matter. Moved by Beach and Glassheim that public works department investigate this matter and take appropriate action. Motion carried. (committee only)

Meeting adjourned.
Alice Fontaine, City Clerk
Dated: 1/12/94.