Finance & Improvements Committee

FINANCE AND IMPROVEMENTS COMMITTEE Tuesday, May 26, 2015 – 4:15 p.m. City Council Chambers Agenda 1. Final Payments 2. Award of Bid – 55th St Lift Station (3490.1) 3. Award of Bid – 2015 Flood Damage Repairs (3992) 4. Minot Prairie Industrial Park 2nd Addition Developer Agreement (4098) 5. Ridgedale Acres 2nd Addition Lot 3 & 4 Developer Agreement 6. Apex Engineers Master Agreement for Engineering Services 7. CDM Smith Consulting Contract Amendments 7 & 3 – Community Development Block Grant Disaster Recovery Allocations One and Two 8. CDBG – DR Agreement with Beyond Shelter - Sunset Ridge Apartments 9. City of Minot Domestic Violence Crisis Center Justice Assistance Grant Program – Victim Advocate – Protection Orders Agreement 10. ND Office of Attorney General Criminal Justice Oil Impact Grant Application – Northern Plains Children’s Advocacy Center 11. Ordinances on Second Reading FINANCE AND IMPROVEMENTS COMMITTEE May 26, 2015 Page 1 MEMO TO: Finance and Improvements Committee FROM: City Clerk's Office RE: Agenda for Tuesday, May 26, 2015 - 4:15 p.m. 1. Final Payments It is recommended the Committee and Council approve the following requests for final payment: a. Craft Builders in the amount of $9,544.00 for the Fire Station two remodel project. (FD0023) b. Quam Construction in the amount of $30,860.16 for the Storm Sewer District 120 – Idlewild Offsite Improvements (3698) 2. Award of Bid – 55th Street Lift Station (3490.1) On May 6, 2015, bids were received for the 55 th St Lift Station project. There were two bidders and the tabulation of bids is as follows: John T Jones Construction $7,108,000 Rice Lake Construction Group $8,940,000 Fiscal Impact: The engineer’s estimate for the construction portion of this project is $8.7 million. The project will be paid for with funds from CDBG-DR, State Grant Flood Funds, Oil and Gas Tax Revenue, and bonds. It is recommended the Committee and Council award the bid to John T. Jones in the amount of $7,108,000 for the 55th St. Lift Station (3490.1); and authorize the Mayor to sign the contracts. 3. Award of Bid – 2015 Flood Damage Repairs (3992) On Tuesday, May 19, 2015 at 11:00 am, bids were received for the 2015 Flood Damage Repairs Project. There were three bidders and a tabulation of bids is as follows: Dig It Up Construction $197,590 Dakota Concrete No Bid Bond – Bid not opened Post Construction $332,020 This project will repair damages from large rain events in 2013 and 2014 including rip rap damage at a storm water outfall and multiple points along puppy dog sewer where the gravity sewer pipe has been exposed. These projects have qualified for FEMA funding. Fiscal Impact: The engineer’s estimate for this repair work is $200,921. This project and scope of work has been agreed to by FEMA, so the project will be paid with FEMA funds with a 15% local match. The local match will come from Water and Sewer cash reserves. It is recommended the Committee and Council award the bid to Dig It Up Construction in the amount of $197,590 for the 2015 Flood Damage repairs (3992); and further authorize the Mayor to sign the contracts. FINANCE AND IMPROVEMENTS COMMITTEE May 26, 2015 Page 2 4. Minot Prairie Industrial Park 2nd Addition Developer Agreement (4098) As part of a continued effort to solidify the requirements and conditions to develop property in the City, staff has put together a developer’s agreement with the owner of Minot Prairie Industrial Park 2nd Addition that memorializes the requirements to obtain building permits and certificates of occupancy in the development. This agreement also requires a monetary security to the City to ensure the infrastructure is constructed to the City’s specifications and supports the proposed development. It is recommended the Committee and Council approve the Minot Prairie Industrial Park 2nd Addition developer’s agreement; and further authorize the Mayor to sign the agreement on the City’s behalf. 5. Ridgedale Acres 2nd Addition Lot 3 & 4 Developer Agreement The City and developer of Lots 3 & 4 Ridgedale Acres 2nd Addition wish to enter into an agreement regarding a drainage ditch that parallels 45th Ave NE and enters the property between Lots 3 and 4. The agreement gives the City the right to convey right of way water through the property. The developer will plat an easement and maintain the ditch. It is recommended the Committee and Council approve the Ridgedale Acres 2nd Addition Lot 3 & 4 developer’s agreement; and further authorize the Mayor to sign the agreement on the City’s behalf. 6. Apex Engineers Master Agreement for Engineering Services The City has a master engineering agreement with Apex Engineering. The agreement allows the City to amend the engineering services by task order for the current sewer work that is under contract. Each phase of the project is added as funding is available and approved in the CIP by the Council. Currently, there are 7 task order agreements under this master agreement with Apex. The term of this agreement was for three years and expires the end of May. The City has requested a new master agreement for another three year period to finish out the sewer work under contract. Fiscal Impact: There is no monetary amount associated with this master agreement, it simply continues the existing agreements with Apex for an additional three years. It is recommended the Committee and Council approve the new master agreement with Apex Engineers; and further authorize the Mayor to sign it on behalf of the City. 7. CDM Smith Consulting Contract Amendments 7 & 3 – Community Development Block Grant Disaster Recovery Allocations One and Two Last month the Council extended the CDM Smith contracts to the first week in June with the knowledge that additional amendments would be necessary to extend the contracts for the ongoing programs. The following is a summary of the first allocation through March: Project Title Projected Project Funds Project Funds Used to Date Administration $3,354,798 $1,073,830 Public Infrastructure $20,707,748 $12,960,482 Housing $24,102,183 $23,191,186 Rental Housing $7,229,800 $4,752,186 Relocation $434,391 $259,391 Planning $1,222,633 $837,858 Economic Revitalization $10,534,392 $2,923,090 FINANCE AND IMPROVEMENTS COMMITTEE May 26, 2015 Page 3 The City is going to extend the home acquisition program under the first allocation to purchase an additional forty (40) homes. In addition, funds will be reallocated for homeowner down payment assistance and a low – to – moderate income apartment project. Also, the public infrastructure projects, economic revitalization, and rental housing programs are still active. The additional oversight and consulting services will increase the CDM Smith contract by $1,340,540 and extend the contract to June 30, 2016. The following is a summary of the second allocation through March: Project Title Projected Project Funds Project Funds Used to Date Administration $80,000 $58,618 Buyouts/Relocations $9,694,606 $4,394,577 Homeowner Reimbursement $6,865,000 $5,648,174 Infrastructure $11,735,525 $321,156 Demolitions $902,000 $39,825 Restricted $5,778,869 The City is going to extend the buyout program to include an additional fifty (50) homes. Also, the infrastructure and demolition projects will go extend through next year. The additional oversight and consulting services will increase the CDM Smith contract by $1,567,500 and extend the contract to June 30, 2016. Both contract amendments include fees for Swanson & Warcup, the subcontractor handling the buyouts/acquisitions, and fees for OR Colon. OR Colon is the expert in the URA regulations including Title 49 Code of Federal Regulations and, Part 24; Uniform Relocation Assistance and Real Property Acquisition. The consulting services will equate to approximately 13 percent of allocation one and approximately 17 percent of allocation two. The percentage on allocation two higher because the homeowner reimbursement program was labor intensive and required significantly more time than originally estimated. Fiscal Impact: The funds for both amendments are 100 % CDBG-DR eligible program costs. It is recommended the Committee and Council approve Amendment 7 and Amendment 3 to the CDM Smith contracts between the City of Minot and CDM Smith; and further authorize the Mayor to sign the amendments. 8. CDBG – DR Agreement with Beyond Shelter - Sunset Ridge Apartments Beyond Shelter is developing the Sunset Ridge Apartments. The project will be a two phase development of 74 affordable housing units on approximately 6.7 acres located at the intersection of 36th Avenue NW and Kodiak Street NW. All of the units will be offered at a rent affordable to low – to – moderate income households as defined by HUD at the HUD 2015 80% income limits for Ward County, North Dakota. The State is contributing $1,200,000 through the State of North Dakota Housing Incentive Fund and $620,730 through the State of North Dakota Community Development Block Grant program. The total project costs are estimated at $16,865,000. It is recommend the City provide funding for this project for two reasons 1) the project will bring affordable apartments to the community when availability of affordable apartments remains an issue and 2) for each home the City has and continues to acquires from a low – to – moderate individual replacement housing must be developed. Number two helps the City meet that requirement with the buyout of homes in the footprint of the flood control project. Fiscal Impact: Beyond Shelter has asked the City to participate in the development of the apartments through a contribution of the city’s CDBG-DR funds. Beyond Shelter has requested $100,000 towards this project. The funds will go towards the purchase of the land. This will be an amendment to City’s Action Plan. FINANCE AND IMPROVEMENTS COMMITTEE May 26, 2015 Page 4 It is recommended the Committee and Council approve the CDBG-DR Development Agreement with Beyond Shelter – for the Sunset Ridge Apartments Development; and further authorize the Mayor to sign the agreement after the public comment period of the action plan amendment. 9. City of Minot Domestic Violence Crisis Center Justice Assistance Grant Program – Victim Advocate – Protection Orders Agreement The City of Minot was awarded a Justice Assistance Grant (JAG) to supplement the salary for a victim advocate to provide protection orders and services to victims of domestic violence and sexual assault. The JAG documents required approval by May 20, 2015. The Domestic Violence Crisis Center is the sub-recipient of the grant. The Federal Uniform Grant Guidance requires the City to enter into an agreement with the sub-recipient, when City is the pass through for funds. The agreement requires the Domestic Violence Crisis Center to complete all bookkeeping and record keeping required under the terms of the agreement. It is recommended the Committee and Council approve the agreement between the City of Minot and the Domestic Violence Crisis Center for the Justice Assistance grant for the Victim Advocate, and authorize the Mayor to sign the agreement; and further ratify the Mayor’s signature on the Justice Assistance Grant. 10. ND Office of Attorney General Criminal Justice Oil Impact Grant Application – Northern Plains Children’s Advocacy Center The Northern Plains Children’s Advocacy Center is applying for oil impact grant funding for their services. The funds requested will help assist in paying the salaries of the Forensic Interviewer and back up Forensic Interviewer/Family Advocate. The Northern Plains Children’s Advocacy Center is a cooperative effort between six agencies, to include the Minot Police Department, wherein a multidisciplinary team approach is utilized in the investigation, assessment, advocacy, case management, prosecution, medical and therapeutic treatment involving child victims of abuse. The grant application was due on May 20th, 2015. Therefore, it required the Mayor to sign the application prior to the Committee and Council meetings. Fiscal Impact: The City of Minot acts as a pass through for the funds. The funds go directly to the Advocacy Center. The Advocacy Center is requesting $76,647.84. There is no fiscal impact to the City. It is recommended the Committee and Council ratify the Mayor’s signature on the ND Office of Attorney General Criminal Justice Oil Impact Funding Grant Application – Northern Plains Children’s Advocacy Center; and further authorize the Mayor to sign the necessary grant funds if the grant is awarded. 11 . Ordinances on Second Reading The following ordinances need to be considered on second reading: a. Ordinance No. 4972 – Amending and Reenacting Sections 9-51 – Chapter 9 – CMCO – Relating to Amount of Completion Bond Required for a Building Moving Permit b. Ordinance No. 4973 – Amending and Reenacting Sections 9-11 and 9-13 in Chapter 9, Article II, Relating to Dangerous Buildings c. Ordinance No. 4974 – Amending and Reenacting Section 12-1 in Chapter 12 – City of Minot Code of Ordinances – Relating to Adoption of the 2014 Edition of the National Electrical Code