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	MINUTES/PUBLIC SERVICE COMMITTEE Monday, April 24, 1995 - 7:00 p.m. Members present: Hagness, Beyer, Hamerlik, Klave. 1. Request to widen driveway off 12th Ave.N. for Acme building. Greg Opp, Opp Construction, contractor, reported Acme has problem getting semi's in and out, running over curbs, etc. and were requesting to install one large driveway into the new catalog warehouse building at 1603 12th Avenue North, that this is one complex. Mr. Vein stated that if eliminate center island would be 112 ft. of driveway, and reported his office has ability to grant up to 40 ft., that one of their concerns is snow removal, problem with traffic flow. Moved by Hamerlik and Beyer to grant approval. Motion carried. 2. Application by Fritz Building Co. to move construction work- shop/quonset. Dan Mikkelson reported they have to move building from property at 40th Ave.S. and S. Washington St. to accommodate Forx RentAll Company development, that they are acquiring 30 acres in Birkholz' Addn. (loc. south of 24th Ave.S., west of S. 38th St. and north of 28th Ave.S.) and are asking to place building there on a temporary basis, that they intend to start developing that property within the next 48 months. Mrs. Beyer stated concerns if storing materials, etc. outside the building, no problem with building itself. Moved by Klave and Beyer to approve request with stipulation that nothing be stored permanently outside of the building. Motion carried. 3. Matter of S. 5th Street RR crossing. Bob Hanson, 409 South 9th Street, presented matter of condition of RR crossing on S. 5th Street and that something needs to be done at that crossing. It was noted that there is nothing budgeted in this year's budget, that all downtown railroad crossing are bad (at 3rd, 4th and 5th). Mr. Vein reported that when crossings repaired as retrofit, problem with differential movement between railroad tracks and street, that frost acts differently on tracks and on street, and still have bump; that there are ways to eliminate that but cost would increase from $25,000 to $100,000; and suggested going through reconstruction project. He reported they would contact Railroad and see if can do something until put in rubber crossing, that they would have to be assured that the RR will continue with that program, where City paid for materials and RR did all the labor. Moved by Beyer and Klave to temporarily repair crossing this year, to proceed with permanent project next year and negotiate funding with the Railroad. Motion carried. 4. Matter of local preference in bidding process. Mr. Vein reported that most discussion has been on construction projects, that one of the things that came up at council was bidding of heavy equipment, and that process used was MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 2 with point system to evaluate each bid prior to opening the bidding document, look at concurrence with specs., availability of parts, service, etc. and because of this local bidders have been given some preference. Mr. Hamerlik reported he had in mind smaller items, been in contact with some people, and not sure they want preferential bidding. Clint Rodningen spoke in behalf of Grand Forks Glass & Paint, that they feel there should be some preference for local bidders; that point system could also be done with contractors, feels worth looking at. He reported Grand Forks Glass & Paint contacted him as he is president of Builders & Traders, that he brought up to the Board, but they didn't want to get involved, so here on his own behalf. Greg Bryson, Rydell, suggested simplified point system and that their concern more with vehicles and equipment, that there is a cost savings with having local supplier, even though initial cost higher. He also suggested that vehicle supplier should be franchised dealer. The committee suggested public works department staff look at as well as the city attorney. Mr. Vein stated they will look at and bring back in 2 weeks. Mr. Bryson stated he was available for input (as well as rep. of Reiten-Young). Held in committee. 5. Matter of wastewater treatment study re. lagoon capacity. Gary Goetz, Keith Johnson, Mike Shea and Hugh Veit, KBM, Inc. appeared re. this item. Mr. Goetz reported that Mr. Veit has come up with price and scope of work and are here requesting authorization to go ahead with the plan. Mr. Veit reported he met with staff, that concerns that have come up since work done out there is that some of the strength of waste has increased dramatically over previous study, need to re-assess what is happening out there, evaluate the treatment process of the entire system, and assessment of nitrification capabilities of the system and evaluation of concerns; and trying to optimize existing system; est. cost of study $21,600.00 max. not to exceed. They will be develop scope of work. Mr. Johnson reported KBM has familiarity with our treatment system, and recommended retaining them for the study. It was noted that funding for the study is budgeted in Wastewater budget. Moved by Beyer and Klave to authorize entering into an agreement with KBM, Inc. for engineering services in an amount not to exceed $21,600.00. Mike Shea reported on comparable surcharges in other cities; that Bismarck charges $52.95 for 1,000 lbs./BOD, our $37.10; charge for total suspended solids, $54.30/1,000 lbs., ours $16.20; can't really compare as Bismarck doesn't have much industry that MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 3 contributes much to the system. Committee asked that they look at rate structure, and it was noted that the Utility Rate Study will be meeting this week. Mr. Vein stated that one of the bigger impacts of the study is to know what we can handle for additional industry and whether we have to do any modifications to have that capacity available, and budget for that in CIP Motion carried. 6. Change orders for Proj. 383, Pre-aeration Ponds. It was reported there are three change orders: a) C.O. #4, $4,203.26 for extra costs associated with exposing joints on existing pipe at southwest corner of cell 2, and change in completion date from November 1, 1994 to June 30, 1995. b) C.O. #5, $4,058.09 re. fire damage (City paid for restoration of blowers and motors, approx. $8,000; claim will be filed against insurance company) City's insurance will reimburse only minor amount. The matter will be pursued. c) C.O. #6, $936.53, for pond overflow. Moved by Beyer and Hamerlik to approve the change orders and extend completion dated to June 30, 1995. 7. Change order for Proj. 3945, Hwy. 2 Beautification. Mr. Veit presented change order for Hwy. 2 Beautification project in the negotiated amount of $17,940.00 to provide 65 panels with aggregate finish around salvage yard. It was noted that the Beautification Committee has reviewed and approved this change order. Moved by Hamerlik and Beyer to approve the change order, contingent upon approval by the Department of Transportation. Motion carried. 17. Matter of building on Miller's parking lot. (Note: The matter of structure located on the parking lot at 1711 S. Wash. St. was considered and council on December 19, 1994, approved recommendation from public service "..that we allow the mobile food unit, The Coffee Company Express, for six months at its current location, after which time the committee will review, and further that approval is contingent upon a site plan review by the city engineer and by the city planner." The council also referred the matter to the proper administrative authorities (engineer and planner) for further study.) JoAnn Vollrath, owner of The Coffee Company, was present. Mr. Hagness stated that the approval was granted for six months, however, date uncertain. Mr. Hagness stated that some of the requirements were more overwhelming than what she could handle for the Coffee house, that City making some demands of the Miller's Shopping Center that she didn't have control over, one of the requirements was to stripe parking lot. He stated they MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 4 are trying to determine what is required so she can open up and get trial period in before it expires; and that she can't come up with all information required. He also noted that Bev Collings, Code Enf. Officer, stated this can be worked out. He reported that Mr. Bushfield had agreed to the 6 months trial period until they come up with permanent resolution for coffee houses in the city, where they belong, requirements, etc. and Ms. Vollrath would work with them, it would be temporary location and she would help develop the new ordinance. He also noted that Mr. Broxmeyer had stated that there were more needs than that. Ms. Beyer stated that problem was traffic flow in that lot and that if Ms. Vollrath can address that, would that solve problem. Mr. Broxmeyer stated that would solve large portion, and other major problem is shortage of parking spaces (60 spaces short). It was also noted that the greenhouse would be going up this week. Mr. Vein reported he talked with Mr. Swanson, and effective date was 6 months from date of council action unless specifically stated otherwise (6 months up); committee would have ability to change that at this meeting, and the stipulation was to have site plan approved by city engineer and city planner, and what's being requested of The Coffee Company is that they would follow same site plan review process as all other businesses. He stated that if committee feels The Coffee Company shouldn't have to follow that type of review process, then would take direction from the council that that's not required, but raised question whether they want to be in position of determining who should submit site plans and what's required on those site plans, or is that to be handled administratively. Beyer moved to grant variance for 6 month period from date permit issued. Klave seconded the motion. An amendment was moved by Klave and Beyer that we grant approval with an expiration date of December 31, 1995. Motion carried. Upon call for the question, as amended, the motion carried. 15. Consideration of bids: a) Proj. 4044, Dist. 530, paving 6th Ave.N. from Columbia Road to State Street. Mark Walker, engineer, reported bids had been received that were higher than anticipated and distributed copies of cost breakdown for funding of the project. He reported that the bid came in at $1,727,378 and Strata Corporation was low bidder. He reported that federal dollars available $1,500,680; that they deducted watermain costs from project as those costs will be paid through City watermain replacement funds, and School for Blind and UND paying for their share, so come up with total net project cost eligible for federal funding of $1,972,866. He reported he subtracted federal share from project cost, leaving the 20% local share with half to be special assessed and half out of Highway MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 5 Users' funds ($236,093 each). The committee questioned why project came in high, and Mr. Walker stated that there was stipulation for sub-grade prep. and they have talked to prime contract to delete to reduce project costs, and there were some other things that were also quite expensive - underground work. He also reported that they had included lot of watermain replacement because they thought they could take advantage of the project and reduce those costs, but finding out not feasible to do under this project and most likely remove that from the contract. There was some discussion re. sub-grade preparation; Mr. Vein stated this is DOT specification; and stated that they have no choice but to do project, urban funding has been set aside. He stated they will try to deduct through change order the sub-grade prep. and that's why contingencies had been reduced to 3%. Mr. Hamerlik stated there was problem with bidding of trees in the project; that someone couldn't bid because trees of certain kind, and only one firm that could bid (Shea's). Mr. Hanson reported that they had specified a Dakota Centennial ash, and apparently in larger size not that many available, and because of time restraints couldn't put out addendum. Mr. Vein reported that you have to bid based on the bidding documents, including addendums; then have to change order to rectify that. Mr. Walker stated that special assessments will be approx. 28% higher, however, when sent cost estimates to the property owners a range was given from 10% less to 25% higher; it was noted that the protest period on the project has expired. After further discussion it was moved by Beyer and Klave to award bid to low bidder, Strata Corporation, in the amount of $1,727,378. Motion carried. Beyer excused. 7. Consideration of bids for water treatment plant improvements (Proj. Nos. 4045, 4056 and 4202) Mark Lambrecht stated that a memo was included in the packet for the water plant improvements (Proj. 4045, surface water treatment rule improvements; Proj. 4056, chlorine scrubber, and Proj. 4202, standby power). Charlie Vein, Advanced Engineering, reported they opened bids on April 13, that they have to bid under 3 prime contracts: general, mechanical and electrical; and also bid as a combined contract; that they had 2 bids in each of the contracts: Contract #1: general contract, Innes Construction had low bid of $454,900; Contract #2: mechanical contract, Lunseth Plumbing & Heating low bidder in the amount of $1,225,900; and Contract #3, electrical construction, Hanson Electric in the amount of $1,266,000; with combined total being MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 6 $2,946,800, which is less than combined bid, so forced by Century Code to take individual bids (Eng. estimate, $2,910,000). He stated his recommendation would be to award to the three contractors. Charlie Vein reviewed construction costs with committee, 19.5% for engineering costs. He reported that there was 25% increase in estimated cost since started project, $800,000 increase in construction cost, the engineering cost is same cost as what had originally been negotiated. He also noted that the engineering costs of $576,000 are costs through construction phase, and it was noted that this project very complex; that they are schedule coordinator. He also noted that engineering cost based on original scope of work, that there were some changes in that scope, that they will be re-evaluating and coming back to committee, but will not change overall project cost. Mr. Lambrecht reported that they have not been basing their negotiated professional services agreement on an anticipated percent of construction cost, but on a scope of work that they intend to perform for us, and then take scope of work times level of hours or effort that goes into each individual task and multiply that times an hourly rate to arrive at a total amount. Hazel Fetters-Sletten reported that concept of what wanted to do was simple and very straight-forward but to accomplish that became complicated; she noted that when project completed they will have sufficient contact time and flexibility to meet the surface water treatment rule requirements without exceeding a disinfection by-product regulation for trihalomethanes which is what their time line for the State is; that this is Phase I. C. Vein stated that this is a State-mandated improvement, and that City out of compliance with the primary drinking water regulation until this project is completed. K.Vein stated that from environmental concern have safer drinking water, increases the factor of safety on the quality of the water. Mrs. Sletten reported that Phase II, build 7 m/gal. clearwell, monies budgeted this year to purchase property, construction probably start in 1997. She stated that we know our source water and know problems we have with that, and can look at chemically altering it with ozone and then generating by-products that aren't regulated now, but potential is for them to be regulated in the future, so if ozonate that's only part of the problem and will still have to remove those by-products; that in CIP budget they have mentioned membrane technology, this would be physically removing the organics rather than organically or chemically altering them and then having to physically remove them. That there will be a lot of evaluation going on. She stated that coming in the next week or so, there will be reauthorization legislation for the safe drinking water act, that there are things they will have to finish, there is possibility of slowing MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 7 down or delaying, but that's not trend she sees happening in the regulations. She stated that clearwell most cautious approach they can take. C. Vein stated that this is a Garrison MRI project and contract has to be signed off by the Bureau of Reclamation. K.Vein reported there are two dual agencies that have to approve funding necessary for this project in order to get 65% MRI funds, State Water Commission and Garrison Conservancy District; and will be meeting with then next week to determine and finalize eligible items. He stated they are making request for an additional $800,000. Moved by Hamerlik and Klave to award contracts to the three low bidders as listed, pending approval by the State Water Commission and Garrison Conservancy District as to funding. Mr. Lambrecht reported that he had reviewed financing with Mr. Schmisek, that if they don't get any more funding, will have an annual bond payment of $258,000, that $170,000 of that amount is reflected in the 1995 budget, and rate increase needed to fund this project would be difference between $258,000 and $170,000, or about a 2% rate increase; if successful in getting additional grant monies, annual payment would go down to $185,000, which means we are just about covered with what is reflected in annual budget. He stated that there are other projects on the horizon and this not end of hearing of needs at the water plant, but does point out that this project anticipated and have been building the budget through small rate increase year by year working toward doing these projects. Motion carried. 8. Consideration of bids for pilot test of filter belt press equipment at water reclamation plant. Hazel Fetters-Sletten presented tabulation of bids, Andritz submitted zero bid; however Mrs. Sletten reported she reviewed their bid and asked for lab. evaluation and conveyor system to move sludge from their equipment into our sludge truck, those two items left out; laboratory tests insignificant because can do in-house, but wasn't able to get price on conveyor system, but less than other bidders (this company installing system in Fargo). She presented copies of memo re. water reclamation plant improvements to the committee for information and review. Mr. Lambrecht reported that Andritz made stipulations in their bid, that their bid did not include several items, water connection to the plant and conveyor, and lab. work. Mrs. Sletten stated that City can provide those things; Andritz' price is zero. MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 8 Moved by Klave and Hamerlik to award to low bidder, Andritz, who submitted a zero bid. Motion carried. 9. Job description for environmental coordinator position. Mr. Vein reviewed job description; stated that several years ago in EPA audit they stated that City didn't have single individual in charge of industrial pre-treatment program, that at that time duties shared by Keith Johnson, Mike Shea and Gary Goetz, and since that time Mike has taken over as person in charge of the program, though still working with Gary and Keith; and are trying to make job he is doing now permanent; are creating new job description, not asking for any additional employees, but Mike will continue to do what he is doing now under the correct job title and description. Mr. Vein stated that the moratorium is on existing job descriptions, if new job description has to go to Civil Service for evaluation; this is new job description. He reported that Mr. Gordon has looked at and his recommendation would be 1 step increase. Moved by Klave and Hamerlik to approve the job description. Motion carried. Klave out. 10. C.O. E-5, Proj. 4117, Public Works Facility Renovation. Mr. Lambrecht reviewed final change order to electrical construction, Bergstrom Electric, Inc. in the amount of $4,527.00. Moved by Hamerlik and Hagness to approve change order. Motion carried. 11. Temporary construction easement. The committee reviewed temporary construction easement for watermain construction on S. 34th Street between Duke Drive and 11th Avenue South, for and in consideration of the sum of $1.00, Crary Homes & Real Estate, Inc., grantor. Moved by Hamerlik and Hagness to accept the easement and authorize proper City officials to sign the easement. Motion carried. Klave reported back. 12. Matter of creating special assessment district: a) Proj. 4321, Dist. 361, storm sewer on 38th and 30th Ave.S. Mr. Walker reviewed assessment district for storm sewer. Moved by Hamerlik and Klave that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instruct the city engineer to prepare detailed plans and specifications, and that we declared intent to sell bonds to finance these improvements. Motion carried. 13. Plans and specifications for construction projects: MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 9 a) Proj. 4266, Dist. 536, paving S. Chestnut St. (47th Ave.S. to south end). b) Proj. 4292, Dist. 537, paving in Mighty Acres. c) Proj. 4316, Dist. 534, paving s. 36th St. (22nd-24th Ave.S.) d) Proj. 4324, Dist. 237, watermain 24th Ave.S. (s. 35th to S. 38th St.) e) Proj. 4342, Dist. 359, storm sewer on 24th Ave.S. (S. 34th to S. 38th St.) Mr. Walker submitted maps of assessment districts. Moved by Hamerlik and Klave that we pass resolutions approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the projects. Motion carried. 14. Matter of Sidewalk List No. 1. Doug Ferrie reviewed sidewalk list for repair and/or construction of sidewalks (either new or cracked/hazardous sidewalks), that list includes River Oaks Circle, which were on list last year but didn't get constructed. He stated city divided into five areas and inspect one area each year. Mr. Vein stated they are installing sidewalks according to ordinance. Moved by Hamerlik and Klave to approve the list and proceed with installation. Motion carried. 15. Consideration of bids: a) Proj. 4246, Dist. 529, paving N. 51st St. from 6th Ave.N. to 7th Ave.N. Held for 2 weeks (addendum issued) b) Proj. 4291, Dist. 357, storm sewer on 47th Ave.S. and Chestnut Street. Mr. Walker distributed tabulation of bids (bids over estimate, $397,275), Molstad Contracting low bidder in the amount of $426,400. Moved by Klave and Hamerlik that we accept the low bid of Molstad Excavating, Inc. in he amount of $426,400. Motion carried. c) Proj. 4336, signal painting. Mr. Walker distributed tabulation of bids, Dahlstrom Decorating, Fargo, low bidder, and reported they had requested prices on number of different items and want to award all items except #4 (repainting transformer base and signal standard from 8 ft. down to concrete foundation at N. 5th St. and 1st Ave.N.). Moved by Hamerlik and Klave to accept the low bid of Dahlstrom Decorating, Fargo, in the amount of $8,600.00. Motion carried. 18. Extra items: a) 40th Avenue South drainage: a) Klave brought up the matter of drainage off field at 40th Avenue South, draining into City system, lot of silt, effect on MINUTES/PUBLIC SERVICE COMMITTEE April 24, 1995 - Page 10 City's system. Mr. Vein reported that City has cut off drainage from that field, and has responsibility to take that drainage. b) North Columbia Road: Mr. Klave asked engineering to remove sign that says "pavement ends". c) Temporary asphalt streets: Mr. Grasser reported that asphalt streets designed to last 5 years, without trucks, but have had 5 years with lot of truck traffic, S. 34th Street, 24th Avenue South, and 40th Avenue South (which is shut down right now). He stated streets going to get worse, street department has been in and tried to do some patching but ground too soft. He stated that on most of those can't expect to put project in this year because need to get storm sewer in; probably next spring streets get to point where have to close them all. He stated that within next few weeks/months going to have to come in and ask for Hwy. Users monies to repair because problem beyond what street department can do (patching and overlay, or back to gravel). Mr. Vein reported that entire section on 40th Ave.S. closed, but very west end that blew up. Mr. Klave reported that Forx RentAll going in on 40th and Red Cross talking about trying to get something in there this fall. Mr. Vein stated they will try to get in as soon as can, will get open this spring and look at paving next year. Info. only. Meeting adjourned at 9:45 p.m. Alice Fontaine City Clerk Dated: 4/25/95.