City of Grand Forks, North Dakota

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	MINUTES/PUBLIC SERVICE COMMITTEE Monday, March 11, 1996 - 7:00 p.m. ROLL CALL: Hagness, Beyer, Hamerlik, Klave. 1. Matter of request by Oscar W. Sorenson, Finest Auto Trim, Inc., to erect a gated-fence across alley along the west line of vacated S. 22nd Street. Mr. Sorenson was present. Mr. Grasser reported that property owner has problem with traffic on the back of his property, that this was presented to Planning and Zoning, and that they met with Mr. Sorenson and worked out request to put up fence to restrict access and allow Mr. Sorenson to build fence with gate on southeast corner; that this is not a driveable alleyway (traffic tearing up grass and he has difficulty maintaining). Mr. Sorenson stated that he will erect fence and maintain and if City needs to access, they can. He also stated that Mr. Staley wants to start planting trees in that area which would eventually replace fence (80 ft. from utility easement). Moved by Beyer and Klave to approve the request. Motion carried. 2. Engineering services agreements for Wastewater Projects 4333, 4438 and 4439. a) Project No. 4433, Bacon Road Forcemain Valve Replacement. Tom Hanson, Webster, Foster & Weston, and Keith Johnson, asst. city engineer, distributed copies of the agreement to the committee; the committee questioned why this information hadn't been included in their packets so that they could review prior to the meeting. Mr. Hanson stated that their proposal for engineering services in connection with the project will consist of providing final design, including bidding documents, assistance during bidding, construction administration, including resident services during construction and assistance during the operational phase in the amount of $11,765.00. It was noted that both Mr. Johnson and Mr. Grotte negotiated agreements with Mr. Hanson, and that they felt fees, etc. were reasonable. Mr. Grotte stated this figures out to 3% of construction cost. Moved by Beyer and Klave to approve the agreement with Webster, Foster & Weston in an amount not to exceed $11,765.00. Mr. Johnson stated that the city attorney had several questions on the agreement (why does engineer own/control plans, and why would we accept any limitation on liability - WFW has limited liability clause in agreement). Mr. Hanson stated that this is standard agreement which has been used for past several years, and is protection for them; that they have $11,000 contract and shouldn't have $1 million liability. The committee expressed concern that engineers/architects should be responsible for their work. Mr. Hanson stated that if they have unlimited liability, would have to get risk numbers back into their fees. He stated they need to reach middle ground of liability, and need to sit MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 2 down with other consultants and reach common ground. Hamerlik suggested that committee should defer for legal consultation. Mr. Hanson suggested that they agree to get together and resolve the limitation of liability issue and let them proceed with work, and after they get that resolved to add to agreement by amend- ment. Beyer and Klave moved to amend their motion to include that limitation of liability clause is under further negotiation. Mr. Klave stated that if they try to put this too high, are going to see projects increase in cost, so doesn't want an unlimited liability because City going to pay for in the end through those increased costs. Mr. Hamerlik stated there's a point between risk and cost and that's what have to determine. After further discussion and upon call for the question, the motion carried. b) Project No. 4438, Upgrade Lift Station #17. Mr. Hanson reported that their proposal for engineering services for this project will consist of providing final design including bidding documents, assistance during bidding, construc- tion administration including resident services during construc- tion, and assistance during the operational phase, in the amount of $29,603.00, which is just under 10% of the construction cost. He stated that this project more complex, and they will be dealing with three contractors (general, electrical and mechanical), project cost for master lift station est. at $350,000 and will include replacement of motors, valves, teleme- try, update of lighting and ventilation, etc. Moved by Klave and Beyer to approve the engineering agreement through the design and bidding phase in an amount not to exceed $29,603.00, and that the limitation of liability clause is under further negotiation. Motion carried. The committee asked for timely presentation of material or item will be delayed to the next meeting. c) Project No. 4439. Held. 3. Change order No. 2, Project 4199, 1994 Lift station up- grading, Rick Electric. Tom Hanson, WFW, reviewed change order in the amount of $2,572.50 to change supervisory control panel programming so that it will function in same manner as remainder of lift station con- trollers in the city; and contract completion date extended to April 15. He stated they will change way they write specs. in the future so will perform like previous station so act the same. MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 3 Moved by Beyer and Klave to approve the change order as pre- sented. Motion carried. 4. Amend. No. 1 to eng. services agreement, Proj. 4377, Water Reclamation Facility Evaluation. Steve Burian, Advanced Engineering, stated this is not an amendment but update on costs, because original agreement for this project did not adequately define scope of work, compensa- tion was on an hourly fee plus reimbursable expenses, without the maximum dollar amount. He stated they went into strategic planning process to answer questions raised by the City (capa- city of plant, and of each component); and that there are two subphases of this water reclamation study that have taken place prior to even getting into the facility evaluation; one is strategic planning and 2) is capacity evaluation of the treatment plant. He stated that the original agreement was an hourly con- tract, with no maximum, and est. of $10,000; that based on new estimate it appears that strategic planning going to take about $11,820.79 ($5,508.79 in previous estimates, with remaining fees est. at $6,312.00). He stated that this isn't an amendment but is providing committee with information on where they are at on the project, and no action required. Mr. Grotte stated that cost for strategic planning is $11,820.79, and they are estimating total cost of $26,000. There was considerable discussion relative to hourly engineering rates being charged (went from average to high end at $80/hour). It was noted that these are rates included in original agreement that was approved for the study. Mr. Burian stated they didn't estimate rates arbitrarily, look at costs, overhead, etc. and stated that they don't charge for attending public service committee/council meetings. Mr. Burian stated that once they have input and information for developing task line for the water reclamation facility evaluation, and will then come in with budget and max. number and at that point will have to amend the contract. Moved by Klave and Hamerlik to receive and file information. Mr. Grasser stated that they may want to review consultant's pay rates and multipliers, profit, etc. and perhaps set ceiling on what City wants to pay on multipliers, etc. Bob Bushfield stated that he chairs the Public Facilities & Housing Committee for the Regional Council, and at last meeting where awarding public facilities and housing contracts, some of the same concerns committee expressed re. engineering fees came up., and thinks that some of those fees need to be reviewed. Mr. Hagness stated they may also have comparison of other cities, Mr. Hamerlik stated perhaps not have ceiling but ranges, average of mode. MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 4 Upon call for question, motion carried. (committee only) 5. Amendment No. 3 to eng. services agreement, Proj. 4254, Water Supply Study. Mr. Grotte stated that this is on-going work A/E has been doing with water supply, project started in 1994, and they will use their 1994 rates to continue work and estimate $10,000 for this coming year; agree that this is a reasonable amount for water analysis, meetings, communications, etc. and this is maximum amount. Mr. Burian stated that the $10,000 is not ear-marked for 1996 or 1997, that when finished study and subsequent work, there are still lot of questions, uncertainty with water supply issue for Red River Valley and Ken Vein has asked A/E to do communications, etc. He stated they did original study for $6,000, that Ken Vein asked for two $5,000 amendments very similar to this, Mr. Vein supports this increase. Mr. Grotte stated funds would have to come from budget amendment, no funds allocated in budget, but in carry-over funds. Moved by Beyer and Klave to approve the amendment in an amount not to exceed $10,000. Motion carried. 6. Information on Red Lake intake line replacement engineering cost. Mr. Grotte reported that after the discussion two weeks ago where A/E awarded extension to $123,000+ on the water project, that on this particular project they had overrun of $6,881.50, for which they did not charge City. (Information only) 7. Consideration of bids: a) 1996 vehicle bids. Mr. Grotte reviewed summation of bids and recommended vendor and bid; all have 8-10 week delivery time. He also reported that Urban Development is interested in buying the Public Transp. tradein pickup for $500 and hope to have paperwork done soon. He also reported that vehicles bid with option to take or not take tradein. He reported that they also included penalty clause (pay to City $15/day or every day past delivery date); and all three vendors have taken that exception, they are not willing to do that. Mr. Grasser reported that on the vehicle for the engineering department there will be some additional expense (bucket, light-bar, etc.) Moved by Beyer and Klave to accept the low bids as follows: Rydell Chevrolet, 1 ton truck in the amount of $19,485 less trade for net cost of $15,985.00, 1 mid-size auto in the amount of $14,573.00 less trade for a net cost of $11,673.00, and one mid-size auto in the amount of $14,573.00 less trade for a net cost of $10,873.00; Hansen Ford, 1 heavy-duty half ton pickup in the MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 5 amount of $13,604.42 less trade for a net cost of $11,673.00, and 1 heavy-duty half ton pickup in the amount of $14,573 less $500.00 either taken on tradein or purchased by Urban Develop- ment, for net cost of $13,104.42. Motion carried. 8. Request to call for bids for meters, brass goods, etc. for water maintenance. Dwight Wurzbacher, water maintenance, presented request for meters for new construction, or resale supplies, for upkeep of the distribution system; cost est. about same as last year and monies budgeted. Moved by Klave and Beyer to authorize call for bids with a due date of April 9, 1996. Motion carried. (comm. only) 14. Purchase of properties for future water plant expansion. Mr. Grasser presented appraisals for purchasing property for future expansion of water plant: a) 618 South 3rd Street, appraisal price of $30,000 and assessor's valuation, $28,000; 2) 610 South 3rd Street, appraisal price of $39,000 and assessor's valuation of $32,400; 3) 617 South 4th Street, appraisal price of $39,000 and assessor's value of $45,000. It was noted that it has been policy to pay the higher of the two values. Moved by Klave and Beyer to approve purchase of these properties. Motion carried. 12. Matter of plans and specifications, and advertising for bids. a) Proj. 4349, bikepath along Red River Al Petrick, CPS, Ltd. reported this is final stage of the bikepath, and asking for approval of final plans and specs. which will then be forwarded to the State. He stated that path starts at Plum Avenue, goes down dike and around, then comes back over levee to Lincoln Drive. He reported that there are $257,000 in Transp. Enhancement Funds, total est. project cost $395,000, with $138,000 City's share from City's sales tax funds; project will be bid by State on May 17. It was also noted that project meets ADA requirements and path will be concrete construction. Moved by Klave and Beyer to approve plans and specifications and authorize call for bids. Motion carried. 9. Matter of completion of Corps of Engineers flood study for the city of Grand Forks. Mr. Grasser reported this is continuation of flood study and looking for authorization to complete Phases 3, 4 and 5, with bulk of work in Phase 3; 4 and 5 reviews by other entities. Funding would be $128,000 to come from Infrastructure Fund and balance from revenue bond sales, $472,000 including $25,000 contingency. He reported that Mr. Vein has reviewed this with Mr. Schmisek and he has no problem with this. Mr. Grasser also reported that Phase 3 is holding public hearings, etc. making selection of best solution or option to pursue, and developing MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 6 preliminary engineering for that. Phases 4 and 5 have combined cost of $290,000. Beyer stated that Phase 4 and 5 needed to get certain properties out of the flood plain. Mr. Hagness stated that City's potential cost of construction phase is $10 million. Moved by Beyer and Hamerlik to authorize proceeding with Phase 3, 4 and 5, with City's share est. to be $600,000. Motion carried. 10. Matter of revised engineer's reports: a) Proj. 4286, Dist. 532, paving 24th Ave.S. (34th-38th Sts.) Mr. Grasser presented copies of revised engineer's report, that they neglected to include City's share, that on north side of street are going to be installing bikepath, and are intending to assess property owner for sidewalk cost and City pay difference between 10' bikepath and 5' sidewalk. He also noted that this is a classified street, with 20% City share at about $74,000 and special assessments at $305,900. Moved by Beyer and Klave to approve the revised engineer's report. Motion carried. b) Proj. 4417, Dist. 245, watermain S. 34th St (11th-Baron Blvd.) Mr. Grasser presented copies of revised engineer's report, that they neglected to include City's share - difference in size of pipe from 8" to 12" pipe, and there is money budgeted in water department budget for this. Moved by Hamerlik and Beyer to approve the revised engineer's report. Motion carried. 11. Matter of creating special assessment districts: a) Proj. 4386, Dist. 366, outfall to river from Rolling/ Sloping Hills. Mr. Grasser reported that they are trying to resolve drainage problem where line discharges into the park and becomes haven for mosquitoes, and basically solution is to create outfall line to the river (ties into flapgate that discharges through dike, put into manhole and channel to the river; est. cost $60,000. Beyer asked engineering to look at access on bikepath rather than existing yards. Moved by Beyer and Klave to 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 instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Motion carried. b) Proj. 4410, Dist. 539, paving S. 34th St. and 24th Ave.S. Mr. Grasser reviewed district, project special assessed with 20% City's share; he stated that last year paid $40,000 to repair and tied up street department for 2 weeks. Moved by Beyer and Klave to adopt resolution creating the MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 7 assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Motion carried. c) Proj. 4448, Dist. 246, watermain on N. 43rd St (24th-26th Aves.N.) Mr. Grasser reported that this project in Oscarville, two residential properties in the district, and there has been some development out in that area and this will provide water to property and also for fire protection. It was est. that resi- dential costs receive assessment of $1,000, assuming they will assess on area and not front footage basis. He also noted that there is policy in CIP that if meet income qualifications, special assess- ments waived. Mr. Grasser stated they would go out and look at area, and if problem will bring back. Moved by Beyer and Klave to adopt 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 instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Motion carried. d) Proj. 4398, Dist. 13, gravel 16th Ave.N. Circle. Held. e) Proj. 4312, Dist. 533, paving 30th Ave.S. (38th St. west) Mr. Grasser reviewed district and reported this would continue project to the north property line of Amundson's Funeral Home; is a 45 ft. street with 20% City's share; and assessment cost $252,000. There was some discussion re. amount of assessments which will be assessed to four lots. Moved by Beyer and Klave to adopt 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 instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Motion carried. 12. Matter of plans and specifications, and advertising for bids: b) Proj. 4286, Dist. 532, paving 24th Ave.s. from 34th to 38th St. Mr. Grasser presented plans and specs., and reported that bids would be due April 8. The city engineer's estimate of total cost of the construction of paving in the amount of $310,601.81, was presented and read. MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 8 Moved by Beyer and Hamerlik that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project. Motion carried. c) Proj. 4417, Dist. 245, watermain on S. 34th St. from 11th Ave.S. to Baron Blvd. Mr. Grasser presented plans and specs., and reported that bids would be due April 8. The city engineer's estimate of total cost of the construction of watermain in the amount of $92,620.50, was presented and read. Moved by Klave and Hamerlik that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project. Motion carried. 13. Matter of consideration of bids: a) Proj. 4379, RR crossing material for S. 5th Street. Mr. Grasser reported that as of March 8 BN has not approved funding for their work. He stated that bids can be held for 30 days, however, the low bidder did not meet specs. and second low bidder has stated he will honor his bid if goes past 30 days. Held. b) Proj. 4426, 1996 sidewalk replacement. Mr. Grasser presented tabulation of bids received, and stated that Wes Rogers was low bidder, and recommended award to the low bidder. Moved by Beyer and Hamerlik that we accept the low bid of Wes Rogers Construction, on a unit-price basis. Motion carried. c) Proj. 4427, 1996 concrete street repair Mr. Grasser presented tabulation of bids received, Opp Construction low bidder. Moved by Beyer and seconded by Hamerlik to accept the low bid of Opp Construction in the amount of $181,775.00. Motion carried. d) Proj. 4428, 1996 asphalt street repair Mr. Grasser presented tabulation of bids received, Valley Contracting low bidder. Moved by Beyer and Klave that we accept the low bid of Valley Contracting Company in the amount of $21,997.50. Motion carried. e) Projs. 4434 and 4436, 1996 watermain replacement Mr. Grasser presented tabulation of bids received, and reported there is $500,000 budgeted. Moved by Klave and Hamerlik to accept the low bid of Soberaski, Inc. in the amount of $492,425.75. Motion carried. MINUTES/PUBLIC SERVICE COMMITTEE March 11, 1996 - Page 9 f) Proj. 4442, 1996 ADA curb ramps Mr. Grasser presented tabulation of bids received. Moved by Klave and Hamerlik to accept the low bid of S.M. Kalenze Con- struction in the amount of $48,800.00. Motion carried. 14. Matter of Highway Users Fund. Mr. Grasser presented summary of 1996 Highway Users Fund Account and summary of 1997 Highway Users Fund Account outlining funds available for 1996 of $2,672,549, less obligated expen- ditures of $1,322,892, with funds available of $1,349,657 less standard budgeted expenses and specific projected expenses (summary of expenses included), leaving negative balance of $-304,843. He reviewed 1997 summary showing funds available of $1,815,000, less obligated expenditures of $717,000, leaving balance of $1,098,000 less standard budgeted expenses and specific projected expenses (summary included), leaving projected 1997 negative carry-over of $-851,500. Mr. Grasser reported that in the past City's share has been paid for out of City's Share Account (levy against entire city) and because of all City's share projects, CIP noted that City's share should come out of Highway Users. He reported that one of the discussion items they may have with CIP committee is establishing policy of how much debt they should incur on annual basis in the City's Share Account; that Mr. Schmisek not comfortable covering all this in City's Share. Mr. Hagness stated that he would like CIP to hold public hearing on all projects, have public input on and present proposed pro- jects, prioritize and submit. 16. Flood Agreement Memorandum of Understanding with City of East Grand Forks, MN Mr. Grasser presented Memorandum of Understanding between Cities of Grand Forks and East Grand Forks relating to the sand-bagging operation; the City of East Grand Forks has already reviewed and approved the Memorandum. Moved by Hamerlik and Beyer to approve the agreement, subject to approval by the city attorney. Motion carried. (comm. only) Beyer suggested placing safety guard on open wheel pulley on the sandbagging machine. Meeting adjourned at 9:10 p.m. Alice Fontaine City Clerk Dated: 03/12/96.