cityadministration - bismarck, nd

City Administration

Honorable Board of City commissionersBismarck, North Dakota

Honorable Commissioners:

The following is Addendum I to the agenda of the Board of CityCommissioners meeting on Tuesday, October 11, 2011, at the hour of 5:15 PMin the Tom Baker Meeting Room.

• Consent Agenda - Consider approval of bonds and contracts forthe 2010 Sidewalk, Curb and Gutter, and Driveway construction(Parts A-1 & A-2 to Knife River Corporation, Part B-1 to GlassConcrete Construction, and Part B-2 to Alliance Concrete)

• Consent Agenda - Consider request from Engineering Departmentfor approval of NDDOT Storm water Discharge Permit andAgreement transferring permit requirements to the CMGL, LLC.(See attached information)

• Regular Agenda - Consider request from Public Works ServiceOperations Department for permission to purchase unleaded fuelfrom retail vendors and Bismarck Public Schools due toemergency repairs on Public Works pump. (See attachedinformation)

• Regular Agenda Consider change order to present contractwith the Mejorando Group for strategic planning services.(See attached information)

• Regular Agenda Discuss participation in a local multi-jurisdictional study group for the Missouri River in the areaof Morton and Burleigh Counties. This group, proposed by MajorGeneral Murray Sagsveen, would include representatives ofBurleigh and Morton Counties, cities of Bismarck and Mandan,the three affected water Resource Districts and the StateWater Commission,

• Regular Agenda - Discuss participation in a joint study withBurleigh County of flood issues in the Bismarck and Burleigharea. The County has appointed two commissioners, BurleighWater Management representatives and county staff to thecommittee

;z~Keith J. HunkeAssistant City AdministratorKJH/keh

Phone: 701-355-1300 * FAX: 701-222-6470 * www.bismarck.org * 221 N. Fifth St. * P.O. Box 5503 * Bismarck, ND 58506-5503 * TDD 711An Equal Opportunity-Affirmative Action Employer (5)

April 12, 2010

Robert KromConstruction General ManagerKnife River Corporation - North Central2370 Vermont AvenueBismarck, NO 58504-6839

Re: Construction of Sidewalk, Curb and Gutter, and Driveways for 2010 - Part A-1

Dear Mr. Krom:

Enclosed for your file is a copy of the Agreement between your company and the City.The original is on file in my office. Also enclosed is your bid bond.

Please consider this your notice to proceed (if not previously given).

We look forward to working with you on this project.

Thank you.

Since ely,

{J5~ ,M I J. ~inger, P.E. .:City Engineer

MJB/psEnc.cc: Administration (w/enc.)

Marlene Lattimore (w/enc.)AI Olson (via email)

Melvin J. Bullinger, P.E., City EngineerPhone: 701-222-6580 * TOO: 711 * FAX: 701-222-6593 * 221 N. Fifth Street * P.O. Box 5503 * Bismarck, NO 58506-5503

Ba' _April 12, 2010

Robert KromConstruction General ManagerKnife River Corporation - North Central2370 Vermont AvenueBismarck, ND 58504-6839

Re: Construction of Sidewalk, Curb and Gutter, and Driveways for 2010 - Part A-2

Dear Mr. Krom:




Thank you.

fffiY

'6A"MelJ" Sager, P.E. CCity Engineer


Marlene Lattimore (w/enc.).AI Olson (via email)

Melvin J. Bullinger, P.E.,City EngineerPhone: 701-222-6580 * TOO: 711 * FAX: 701-222-6593 * 221 N. Fifth Street * P.O. Box 5503 * Bismarck, NO 58506-5503

May 13,2010

Mr. Joseph GlassGlass Concrete Construction1009 Tower PlaceMandan, NO 58554

Re: Construction of Sidewalk, Curb and Gutter, and Driveways for 2010 - Part B-1

Dear Mr. Glass:




Thank you.




B.' ,. Engineering Department

April 7, 2010

Mr. Ryan WisdomAlliance Concrete3185 Lyons RoadMandan; NO 58554-8307

Re: Construction of Sidewalk, Curb and Gutter, and Driveways for 2010 - Part B-2

Dear Mr. Wisdom:




Thank you.




Engineering Department

October 6,2011

MEMORANDUM

To:

From:

Keith HunkeAssistant City Administrator

Mel J. Bullinger, P.E.~ fn-.City Engineer

Re: AGENDA !TEMNDDOT Storm Water Discharge Permit and Agreement transferring permitrequirements to the CMGL, LLC

Please schedule the following for consideration by the Board of City··Commissioners at their meeting to be held on Tuesday, October 11,2011, at 5:15p.m. in the Tom Baker Room.

Bel Castle Apartments property owners, CMGL 10, LLC, have requested a NDDOTstorm water discharge permit into the Interstate 94 right-of-way for the property locatedat 1830 E Capitol Avenue.

The North Dakota Department of Transportation has prepared a storm water dischargepermit for the City of Bismarck. We, in turn, have prepared an agreement transferringthe responsibilities of the NDDOT storm water discharge permit to CMGL 10, LLC.

We recommend approval of the attached Agreement with CMGL 10, LLC and theNDDOT storm water discharge permit.

MJB/psEnc.cc: Dale Heinert

Melvin J. Bullinger, P.E., City EngineerPhone: 701-355-1505 * TOO: 711 * FAX: 701-222-6593 * 221 N. Fifth Street * P.O. Box 5503 * Bismarck, NO 58506-5503

Contract # 25112424

PERMIT

The City of Bismarck, hereinafter called the Permittee, is hereby granted permission from theNorth Dakota Department of Transportation, hereinafter called the NDDOT, to enter theInterstate 94 right of way for the purpose of installing inlet erosion protection for the 30~'RCPpipe and outlet erosion protection for the 27" RCP pipe west of the 19th St Separation in thesouth ditch ofI-94 in the NEl/4 of the SW 114of Section 27, Township 139 N., Range 80 W.Drainage detention will be provided for off of I-94 right of way and the existing 27" RCP pipewill continue to discharge into the interstate right of way. The inlet and outlet protectioninstallations shall conform to the plan sheet submitted by Swenson, Hagen & Co., dated_____ , incorporated by reference herein, and the following provisions:

1. The Permittee shall sponsor the project and guarantee that no environmental conflicts areinvolved. The Permittee shall comply with federal, state, and local laws together withordinances and regulations applicable to the work.

2. The Permittee shall be responsible for all costs incurred for all items of work, complete inplace, and shall include the furnishing of all labor, equipment, and relocation of utilities, ifnecessary.

3. The Permittee shall have traffic control devices in place before construction activity occurswithin 42 feet of the edge ofthe eastbound 1-94 driving lane.

4. Excess dirt shall be wasted outside of highway right of way and all graded and disturbedareas shall be reseeded according to the NDDOT seed mixture specifications. Erosioncontrol devices shall be installed prior to construction and maintained until 70% of thevegetation is reestablished, the Permittee shall then remove devices.

5. The Permittee shall be responsible for the installation and maintenance of the permanenterosion control device protecting the 30" and 27" RCP pipes. The Permittee shall makeimmediate repairs for erosion, remove silt and mow or spray undesirable vegetation, whenneeded, at the request of the NDDOT Bismarck District Engineer.

6. The Permittee shall notify the NDDOT Bismarck District Engineer, forty-eight (48) hoursprior to the beginning of the work. Immediately following the final cleanup of the area, thePermittee shall again notify the district engineer.

7. All work on highway right of way shall be done in a neat and professional manner, subjectto inspection and approval by the NDDOT Bismarck District Engineer.

8. Traffic Control must be provided and maintained by the Permittee and must be inaccordance with the "Manual on Uniform Traffic Control Devices," current edition.

1

Contract # 25112424

9. The Permit does not convey any property interest in the highway right of way and is solelya license interest.

10. NDDOT specifically reserves the right to revoke or change the terms and conditions of thisPermit with or without cause and upon notice to the Permittee.

11. Any violations of any of the conditions in this permit will void the permit and no furtheractivities ofthis permit may continue. NDDOT has the sale discretion to interpret all ofthese terms and conditions and to determine whether the terms of this permit have beenviolated.

12. The Permittee, for him or herself, his or her personal representatives, successors in interest,and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1)no person, on the grounds of race, color, national origin, sex, age, disability/handicap, orincome status**, shall be excluded from participation in, be denied the benefits of, or beotherwise subjected to discrimination in the use of said facilities, (2) that in theconstruction of any improvements on, over, or under such land and the furnishing ofservices thereon, no person, on the grounds of race, color, national origin, sex, age,disabilitylhandicap, or income status**, shall be excluded from participation in, be deniedthe benefits of, or otherwise be subjected to discrimination, (3) that the Permittee shall usethe premises in compliance with all other requirements imposed by or pursuant to Title 49,Code of Federal Regulations, Department of Transportation, Subtitle A, Office of theSecretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department ofTransportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as saidRegulations may be amended.

That in the event of breach of any of the above nondiscrimination covenants, the NDDOTshall have the right to terminate this Permit and to re-enter and repossess said land and thefacilities thereon and hold the same as if said Permit had never been made or issued.

**The Act governs race, color, and national origin. Related Nondiscrimination Authoritiesgovern sex, 23 D.S.C. 324; age, 42 D.S.C. 6101; disability/handicap, 29 U.S.C. 790; andlow income, E.O. 12898.

13. The Risk Management Appendix (RMA), attached, is hereby incorporated into this Permitby reference.

2

Contract # 25112424

14. By entering upon the highway right of way to perform the work authorized by this permitand thereby accepting the benefits of this permit, the Permittee agrees to be bound by allthe terms and conditions of this permit.

Executed the date last below signed.

I APPROVED AS TO SUBSTANCE

Terrence R. Udland, P.E. - Bridge Engineer

Date

I WITNESS CITY OF BISMARCK

Name (Print or Type) Mayor (Type or Print)

Signature Signature

Date

3

Contract # 25112424

I WlTNESS APPROVED

Name (print or Type)

Signature

P094160 _Bismarck_Bel Castle Apts.doc

Deputy Director for Engineering (Type or Print)

Signature

Date

4

Risk Management Appendix

Routlne" Service Agreements With Sovereign Entities and Political Subdivisions of the State of North Dakota:Parties: State - State of North Dakota, its agencies, officers and employees

Governmental Entity - The Govemmental Entity executing the attached document, its agencies, officers andemployeesGovernments - State and Government Entity, as defined above

Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney's feeswhich may in any manner result from or arise out of this agreement.

Each party shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurancepools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1) Commercial general liability and automobile liability insurance - minimum limits of liability required of the GovernmentalEntity are $250,000 per person and $500,000 per occurrence. The minimum limits of liability required of the State are$250,000 per person and $1,000,000 per occurrence.

2) Workers compensation insurance meeting all statutory limits.3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the

undersigned State representative.

The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, orendorsements at any time.

Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under anagreement between that party and the non-public subcontractor, to:

Defend, indemnify, and hold harmless the Governments, its agencies, officers and employees, from and against claims based onthe vicarious liability of the Governments or its agents, but not against claims based on the Government's contributory negligence,comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by theSubcontractor to the Governments under this provision must be free of any conflicts of interest, even if retention of separate legalcounsel for the Governments is necessary. Subcontractor also agrees to defend, indemnify, and hold the Governments harmlessfor all costs, expenses and attorneys' fees incurred if the Governments prevail in an action against Subcontractor in establishingand litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1} commercial general liability; 2)automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any naturewhich may in any manner arise out of or result from this agreement. The minimum limits of liability required are $250,000 perperson and $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits forworkers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile liabilitypolicy as additional insureds. Said endorsement shall contain a "Waiver of Subrogation" waiving any right of recovery the insurancecompany may have against the Governments as well as provisions that the policy and/or endorsement may not be canceled ormodified without thirty (30) days prior written notice to the undersigned representatives of the Governments, and that any attorneywho represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a SpecialAssistant Attorney General as required under N.D.C.C. Section 54-12-0B. Subcontractor's insurance coverage shall be primary(I.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insurance or self-retention maintained by the Governments shall be excess of the Contractor's insurance and the Subcontractor'sinsurance and shall not contribute with them. The insolvency or bankruptcy of the insured Subcontractor shall not release theinsurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Subcontractor from meetingthe retention limit under the policy. Any deductible amount or other obligations under the Subcontractor's policy(ies) shall be thesole responsibility of the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess, including theso-called umbrella or catastrophe form and be placed with insurers rated "A-" or better by A.M. 8est Company, Inc. TheGovernments will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractorin excess of the minimum requirements set forth above. The Govemment Entity that hired the Subcontractor shall be heldresponsible for ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right toobtain complete, certified copies of all required insurance documents, policies, or endorsements at any time.

"See North Dakota Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements.

RM Consulted 2007Revised 5-09

AGREEMENT

The City of Bismarck, P. O. Box 5503, Bismarck, North Dakota 58506-

5503, hereinafter "City", and CMGL 10 LLC, 812 Munich Drive,

Bismarck, NO 58504, hereinafter "Owner", agree as follows:

WHEREAS, the City has agreed to apply to the North Dakota

Department of Transportation for a storm water outfall permit for

the right-of-way in the south ditch of Interstate 94, west of the

19th Street overpass in the SE1/4 of Section 27, Township 139N,

Range 80W, Burleigh County, North Dakota adjacent to the Bel Castle

Apartments property at 1850 East Capital Avenue, that would allow

the Owner to complete storm water improvements necessary for the

development of their property; and

WHEREAS, upon the approval of the Permit by the North Dakota

Department of Transportation and the Bismarck City Commission, the

City will sign the Permit, it is agreed as follows:

The City will secure a permit from the Department of

Transportation to allow for the Improvements. The Ci ty and the

Owner agree that the Owner shall contract for the design,

inspection and construction of the Improvements and will maintain

the Improvements subject to the following terms and conditions:

Page 1 of 3

1. Hold Harmless. The Owner agrees to protect, defend,

indemnify and hold the City, its officers, employees

and agents free and harmless from and against any and

all losses , penalties, damages , settlements, costs,

charges, professional fees or other expenses or

liabilities of every kind and character arising out

of or relating to any and all claims, liens, suits,

causes of action, and judgments of every kind and

character in connection with or arising directly or

indirectly thisof or theout Agreement,

construction, use or maintenance of the Improvements.

2 . Compliance with NDDOT Permit Requirements. The Owner

agrees to comply with all provisions and requirements

of the Permit, specifically including the Risk

Management Appendix, between the City and the NDDOT

and fulfill and assume all of the obligations and

responsibili ties of the City under the Permit. A

copy of the Permit is attached and made a part of

this Agreement.

3. Funding. construction, maintenance,The design,

operation and repair of the Improvements and the

fulfillment of any other conditions as contained in

the Permit shall be at the sole cost and expense of

the Owner.

Page 2 of 3

Effecti ve Date. This agreement becomes effective immediately

upon full execution by the parties.

Dated this day of September, 2011.

CMGL 10, LLC.Attest:

By: By:Eric BelangerManaging Partner

Dated this day of September, 2011.

Attest: CITY OF BISMARCK

By: By:W.C. WockenCity Administrator

John Warford, PresidentBoard of City Commissioners

Page 3 of 3

MEMORANDUM

TO: Keith Hunke - Assistant City Administrator

FROM: Jeff Heintz - Public Works Service Operations Director

DATE: October 10, 2011

RE: Agenda Item - Permission to purchase unleaded fuel from retail vendors and the BismarckPublic Schools due to emergency repairs on Public Works pumps

Please place on the October 11th , 2011 Board of City Commissioners meeting agendapermission to purchase unleaded fuel retail vendors and the Bismarck Public Schools due toemergency repairs on Public Works pumps.

A broken hose between the storage tank and the pump island has disabled our unleaded fuelingsystem at Public Works yard. This is our only site to purchase unleaded fuel for all city vehicles.The contractor has ordered the parts and estimates that the pumps will be operational in a week.Because of the city policy regarding the purchasing of fuel only from Bismarck Public Works, Iam asking permission for city vehicles to be fueled at these alternate sites until the repairs arecompleted.

I will be present at the City Commission meeting to respond to questions the Board may haveregarding this matter. Please contact me if you have questions or require additional informationprior to the meeting.

Department Head Signature _ Date _

PROFESSIONAL SERVICES CONTRACT CHANGE FORM

DEPARTMENT

Contract between the City of Bismarck and _M_e~j!.....:o::..:r=-a::.::.:n:..:.d=o--=G:..::r:...::o:....:u::.lp~_

Purpose of Contract Strategic Planning Services

Contract Number Project/Sub-Project Number _$29,000 - Professional Consulting Services

Original Contract Amount $10,000 - Travel Expense$13,750 - Professional Consulting Services

ContractChangeAmount$5,OOO - Travel Expense$4,500-2011 C~ission Special Projects

Funding Source of Change Amount (if applicable) $14,250-2012 Project Budget

Change in Contract Timeline July 2011 to March 2012

Change in Scope of Contract Addi tional input & feedback meetings with

City Commission and Community Stakeholders (See Attached Information)

COMMISSION APPROVAL

_ Change in contract amount less than 10% of the original contract amount or notgreater than $15,000.00 placed on the City Commission consent agenda

~ Change in contract amount that exceeds 10% of the original contract amount or$15,000.00 or greater, placed on City Commission regular agenda

_ Change to original scope of contract and/or contract period placed on City Commissionconsent agenda

City Commission Meeting Date _

TO ALL DEPARTMENTS: Please attach minutes of Commission approval and send toFiscal Services.

kristih

Text Box

REVISED

City of Bismarck Strategic PlanRevised Project Schedule

October 6, 2011

Project Phases Activities Schedule Fee*1. Obtain fresh input and feedback • Input from Mayor and City November 29 $4,000from the community on draft Vision Commission (one meeting) and 30

statement. Obtain fresh input from • Community Conversations (1.

Mayor and City Commission along Community Stakeholder meetingand 2. Open Community meeting)

with potential goals and objectives • Social Mediafor Project to consider.

*2. Review fresh input obtained and Project Team convenes to review input 3 options: $7,000finalize Mission, Vision and Values. gathered from Community 1. Dec 7 & 8 or

Conversations, social media and from 2. Dec. 13 & 14Mayor and City Commission in order to 3. Dee 14 & 15finalize:

• Mission Statement• Vision Statement• Core Values

4. Develop Goals, Objectives, Project Team convenes to prepare: January TBD, 2- $5,000Tactics and Performance 3 day meeting

Measurements for draft Strategic • Goals statements• Objectives for GoalsPlan • Performance Measures for

Objectives• Implementation Plan

Briefinq with City Commission

mejorando group

*Phases 1 and 2 are additions to the original Scope of Work, fee is $11,000.

Project Phases Activities Schedule Fee4. Review Draft Strategic Plan and • Draft Strategic Plan February TBD $3,000comments submitted. • Briefing with City Commission

5. Finalize Strategic Plan • Strategic Plan March TBD $2,000

** A Skype meeting with Mayor Warford and Commissioner Smith on April 8, 2011 was not included in the original Scopeof Work. Fee was $750. The meeting was the result of Mayor Warford and Commissioner Smith being unable a meetingof the entire the governing body. An on-site City Commission meeting to create Vision statement on May 12, 2011 was ameeting not included in the original Scope of Work. Fee was $2,000. Total for these two meetings is $2,750.

Travel budget for reimbursement in original contract was $10,000. Year to Date expenses are approximately $8,000.Request additional reimbursement fee of $5,000 for additional meetings for renewed Phases 1 and 2 for a grand total of$15,000.

2

mejorando group

cityadministration - bismarck, nd

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