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Safety and Public Works Committee meeting, 7:00 p.m. Brainerd Council Chambers. Uh we have four items on our agenda, uh the first of which is procurement policy for transit, and Administrator Broyles, you'll be presenting this one.

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>> Thank you, Mr. Chair. Um attached is a revised procurement policy for the Brainerd and Crow Wing Public Transit System. FTA is the Federal Transit Administration. They require recipients of those dollars to maintain and use written procurement procedures that comply with applicable federal

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regulations while reflecting applicable state and local laws and regulations. MNDOT has asked for a revised policy from us by June 30th. That revised policy is attached. Uh it's a rather lengthy. I want to say it's about 80 pages. I I want to say it's almost

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purely administrative, really no substantial changes. I'm going to hit some of the high-level changes summary of changes. Number one, um they just point to a different FTA circular. It's just a nomenclature. Rather than 420.1F,

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now it's 420 4220.1G. So that's purely is administrative. Um a couple other just modifications, they changed the procurement dollar thresholds for micro purchases. The last time this was done was in 2024, so this will be uh every 2 years. Um well,

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actually when MNDOT requires it. But in 2024, the micro purchase threshold was $10,000. Um in 2026, it's 15,000. For small purchases in '24, it was 10 to 250. '26, this revised policy just uh mirrors

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the Minnesota's more restrictive purchase purchase threshold of 15 to 175. And then the formal procurement threshold in 2024, it was just greater than 250,000. Um in this revised policy to come in line with Minnesota law, it's uh it

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begins at $175,000. It also expands the BAB It's the the Build America Buy America compliance language for certain construction materials. Um there's some other just very um changes in just language. The overall impact though, the revisions are

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primarily compliance updates and administrative clarification. They do not substantially change the our practices, but instead ensure our policy remains current with updated federal guidance and applicable state requirements. Uh the policy is attached. I'd be happy to answer any questions. We're asking

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for approval to uh amend or excuse me, approve the amended transit procurement policy. >> All right, thank you, Mr. Broyles. Comments, questions. I I was just going to say I was going to ask if it was an annual. You already answered that. Like I think I remember seeing this um

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back in 2024, so it's a I believe it's a biannual update, so if not, looking for a motion. >> Yeah, motion to approve the amended transit procurement policy. >> And I will second. >> Motion and a second, any further

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hearing none, those in favor signify by saying I. >> I. >> I. >> And motion passes. All right, thank you very much. Our second item, uh amendment number two, uh Bowser uh clean water fund, uh Brainerd, and uh

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presenting this one, uh Mr. Sandy. >> Thank you, Mr. Chair. Um so attached [clears throat] uh to this request, you'll find um an amendment number two that we're asking for approval for tonight, and also just some general um project history that um I was able to work with Melissa Barrick

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with Soil and Water on. Um this was kind of a a legacy project that uh Jesse Dean um left behind when he uh vacated the City Engineer's office. And um we've had some conversations with Melissa over at Soil and Water, and they've had some site meetings

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uh related [clears throat] to the gully uh storm water project that was completed um here. I believe it was a couple of summers ago. That's correct, Melissa? Um so, you can kind of see the budget breakdown of where we left off today. So, how this how these funds kind of flow to the city is

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Bowser and uh the local Soil and Water Conservation District have an agreement together, which basically Bowser gives the fund to the Soil and Water Conservation District, and then we have an agreement with Soil and Water to get the funds. As we expend funds on the project, we invoice Soil and Water to uh

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get those reimbursement funds. Um after the full project was completed, so you can see we have a remaining balance that we have yet to invoice Soil and Water. Um right around $50,000 that we have left to invoice for the project to more or less what would be close the project out. But, you'll see on that

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bottom line in the agenda requests, there's approximately $24,000 and change remaining in that original $940,000 that we were um given to build the project. Um

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like I said before, Jess and Melissa and um a Bowser engineer, they've had an opportunity to visit the site and more um uh down towards the bottom end of the gully site and um a little bit downstream of what we call the plunge pool, which is kind of a energy

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dissipation pool at the bottom of the storm sewer. They've found some localized erosion that's occurring down at the bottom there. And what um staff is asking um the uh council tonight is we would like to Originally, we were kind of thinking

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about trying to do something in-house for this um type of project where we would um you know, do some maybe um riprap uh uh uh rock um I'm looking for the word right now. >> check dams? >> Yeah, like check dams down at the bottom

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and some more erosion control fabric and things to kind of slow the water as it exit as it exits the plunge pool and further um enters Little Buffalo Creek. Um because of the high amount of water and the velocity, um, I'm not I'm not comfortable, you know,

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initiating a a local project like this given some of the design criteria that was used to build that project. So, what our request to the council is tonight is to, number one, is approve amendment number two, which basically extends the completion date for use of these funds

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to the end of this year. Um, two is allow staff to, um, work with the original designer, uh, who was HR Green, to do some limited topographic survey and, um, some engineering design in that area where we're seeing the localized

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erosion and come up with kind of a quoted set of drawings that we could solicit to some local contractors to have them complete that stabilization down, um, at the, uh, downstream side of that plunge pool. And then, once we were able to work with HR Green and kind of get in

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a scope of work put together and trying to figure out a project budget for this, we would return to council with, um, a recommendation to move forward with HR Green on the design portion of this. And then, further, once the design gets completed, we would come back to the council with an engineer's cost estimate

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and, um, that, uh, authorization to go and get quotes, um, to ensure that we're in alignment with close to the project budget that we, um, have remaining there. The other thing that Melissa did indicate, and I wasn't able to kind of flesh this out more, and we're hoping

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that the city council will allow us to kind of Melissa had indicated that there was potentially some additional funds for engineering, um, that could be utilized at the Soil and Water, I think, Holden House over there. Um, that's something that we would come back to you with if there are funds available.

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Um, what that looks like, and we're hoping kind of for a net zero kind of project cost that we'd be reimbursed for all this, um, and make sure that that, uh, area downstream of the plunge pool is stabilized well and, um, meets our needs in the future to keep this project We're

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worried that I guess you know if that erosion continues that plunge pool could become compromised which then we're in a lot larger repair. So we're hoping that we can figure out something downstream of there that makes hydraulic sense and that last is a long-lasting fix.

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And I'll answer any questions that you guys have. >> Thank you Paul. Councilman Yeager. >> Yeah, thank you Mr. Chair. Paul was the downstream of the of the plunge pool omitted or not part of the original design docs? >> Correct. >> It was like Oh, so the basic mindset was

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we think the plunge pool will will suffice but we've got runoff beyond the plunge pool that's creating unanticipated erosion. Is that Was that Is that a fair summary? >> That's a fair summary that there's an area that's a little bit steeper right off the backside of the plunge pool that you were seeing this erosion then it

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really I think flattens out as you get closer to Little Buffalo Creek. >> Yeah. So the like the impetus of my question is is there there wasn't a design deficit from the from the original design docs that we had That's really the reason we're going back to the same team, right? So no

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issues there. >> Correct. Yeah. >> That's all. Thank you. >> Thank you. I was I was going to ask a very similar question kind of summarizing that. Um and then to follow on to that my question is so there's from the original gallery remediation project we've got a remaining 24,000

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that you feel could be could go towards soliciting this proposal or >> Yeah, I think you know once we get an idea of how much the engineering side will cost we'll figure out how much is remaining and then we'll maybe talk with Melissa and if they have that some additional funds for to cover that

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engineering cost. I want to try to hold as much as possible for the construction the actual construction. That's a little bit of an unknown right now but >> When you say hold as much hold of as much of the 24,000 >> Correct. >> Okay. So then soliciting this potential other or not soliciting but >> Yep, at least discussing with Melissa

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the possibility of tapping into those funds for >> Cuz you have to figure that the construction maybe around the 24 mark. 24,000? >> Yeah, that's what I'm hoping. It's It's pretty localized. >> So yeah, so when you said net zero, you're hoping that there's some funding that'll cover the engineering side and

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we can come out of this close to scratch hopefully. >> That's the idea. >> Yeah, that's the idea. >> When do we When does When does the funding cycle When is that funding cycle happen? When do we When does all that happen? >> The amendment two would extend So right now Bowser and Soil and Water have a completion date of December 31st. Our

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agreement only goes through June 30th. And so by amending the contract with amendment two with Soil and Water, that would extend our completion date and we would be able to invoice for those costs right away when the construction is done. >> Understood. >> Or as progress payments, you know, engineering, whatever the city wants to

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invoice for that. >> we'd only be carrying the engineering costs for six months or less. >> Even that, maybe a month. I mean, it depends on what kind of agreement we come to, but >> Okay. >> Melissa, you want to get >> Yeah. >> Maybe. Uh, we're >> Yes, sir. Chair, um, members,

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um, yeah, so we do have some funding that we get uh, that helps with what we call conservation engineering, which is basically any type of best management practices that reduces soil erosion or water. Um, and so we get those on an annual basis. Um, and so typically we

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get about $30,000 a year. Um, and we have the ability to kind of choose who we allow to access those funds. Um, and so we can I think once you kind of talk to HR Green and get a better scope of work, I think we can fairly

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quickly kind of uh, look at what we have on our books and talk about funding for that and then figure out how you want to work that funding. Uh, but the funding that 24,000, like I said, uh, we got a year extension last

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year at the end of December um and then um we just never really uh changed the extension date on your end. So, it's just more of a bookkeeping item just to uh make sure that we can reimburse you for that full amount um and that our dates match. So, when

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they come and audit us, they see all our paperwork. So, it's more of administrative thing. >> I think the other question and this was brought up actually by Connie, um our finance director is the local match at 25% um with those 25,000 that's remaining,

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there would be a 25% local match on that 25 that remaining 25,000? >> would be whatever the amount of the agreement is. I think we originally had the total amount of the grant, which was the 975 was the 25% match.

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Um I would have to read that agreement again, but I know I had worked with Jesse. Uh we had counted a lot of the some of the in-kind contributions. So, all of the original landowners adjacent to the gully all did easements and

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temporary construction easements. And so, we did count all of that towards that match as well. Um the cost that they gave up for the the temporary uh construction easements. Um so, there is opportunity to incorporate others than cash. And then,

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there was some cash contributions as well from the city. So, we can we can work through that as well and I can get you um updated numbers on what we have counted for and also what is left over. >> There is an opportunity if if we're

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comfortable enough, if we get this designed and there is you know, a relatively simple scope of work, there is still an opportunity that our our internal staff could perform this work potentially. It's just I want to make sure that the fix is appropriate and the type of

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um you know, soil stabilization fabric check dams, if that's the ultimate solution that it is appropriate. If it is something that we feel we can do in-house, then we'll certainly exercise that opportunity. >> And the real big problem is just the really sugary sands. You know, similar

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to upstream where we had that problem, obviously with much more steeper slopes, is that these sugary sands just can't handle very much water. They just erode so quickly. And one of the reasons we have kind of waited to come to the council is cuz I was kind of hoping that it would heal itself and we wouldn't

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have to do anything. >> That organics would take over and help? >> Well, yeah, like the just the vegetation would kind of regrow on the sides and we wouldn't have to do anything. Um, but, you know, this spring we kind of went out there and I I just feel like it'd be

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uh best-case scenario is, you know, that we would kind of stabilize these soils so that, again, uh it doesn't uh impact your existing infrastructure that we already paid for. So,

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uh that is kind of the reason on the delay of coming back to you cuz I wanted to ensure that it was worth our time and energy to kind of go down the second route. >> All right. Well, thank you, Melissa. >> Thank you. >> Can I ask a quick question, Mr. Chair? >> Uh yes, sir. >> Melissa, I apologize [clears throat] for not

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being here, but is this um just so I understand, this pool is a developed from the uh system we put in? >> [snorts] >> Is that correct? >> Okay, so the the pool was part of the engineering that was designed for this system. >> answered. Okay. >> Yep. And so, there's enough water going

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through this system >> was this all unexpected? >> Yes, it was unexpected. Yep. >> I got. Appreciate it. >> Yep. It was unexpected. Yep. >> All right. Thank you very much. Any other questions, comments? >> I apologize, guys. Sorry about that. >> No no problem. So, otherwise, I'd be uh

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ready to entertain a motion on the item. >> Mr. Chair, I'll make a motion to approve amendment number two followed by an authorization of staff to solicit a proposal from HR Green, and finally an authorization of staff to coordinate with the SWCD regarding the potential use of the supplemental engineering

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funds. I so move, Kevin. >> Thank you. >> Um I I wasn't here for the full discussion, but I have read the packet. I will second that. >> All right. A motion and a second, any further discussion? Hearing none, those in favor signify by saying I. >> I. >> I.

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>> And motion carries. All right, thank you very much. Uh brings us to our third item. This is change order number five uh for South 10th Street reconstruction. And presenting this item, um Mr. Sandy. >> Thank you, Mr. Chair, members of the

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committee. Uh so, in front of you tonight is change order five for the South 10th Street reconstruction project. Uh this is for additional traffic control and lane closure on Industrial Park Road. Um before we got into the water main installation on the phase two uh water

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main, um staff reviewed the site with Landwehr. Um we made the determination that a lane closure on County Road 117 would be necessary to install the water main, and subsequently for future operations uh like the curbing gutter uh that needs

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to get wrapped around on the radiuses of South 10th Street, and further for the paving operation that'll come later this summer, um that traffic control lane closure would get put back up multiple times here in the next uh couple of months. Um that water main that is in the

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current County Road Industrial Park Road runs on the north side of the of the county road on the underneath the curb line of uh Industrial Park Road. As you all are well aware, Industrial Park Road has no shoulders. It's a four-lane undevat-

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undivided street. To allow the contractor to have enough room for work operations [clears throat] and to kind of have a safe work site, uh Uh, we did agree with the contractor that that lane closure was necessary. After that point, we coordinated with Crow Wing County on the lane closure as that

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portion of County Road 117 is part of the active truck detour route for the Highway 210 project. We got that all coordinated and subsequently they got the water main put in. Um, after that water main was done, uh, we pulled all the traffic control off to the side. We'll use that, um, lane

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closure again for subsequent operations here further in the summer. That total traffic control that was delivered to the site totaled $2,826.78. Um, and that is for two mobilizations, one for the traffic control company to drop it off, one to have them pick it up. And

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then the rental cost of those devices. And then the allowed 10% markup from the prime prime contractor. You can see the email documentation attached. Staff is recommending approval of this change order in that amount. And that would be funded, uh, through the water enterprise fund because that

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is the operation that was driving the need for the traffic control change. >> All right, thank you, Paul. Any comments, questions? Uh, Councilman Chezok. >> So, the water was part of the scope of the project, right? Correct? And there

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was nobody that foreseen this happening where they'd have to have traffic control? >> I had talked with the engineering staff cuz we had this specific conversation, um, right away when Landwehr brought this up. Um, at the time during design, you know, we have design plan sheets that show what traffic control that

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should be included in their bid. Um, this lane closure was not shown in the bid package and so Landwehr was not required to bid on it. Um, >> and during Yeah, so it's >> It's It's It's I got it. Thank you. >> All right, thank you. >> Sure.

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>> All right, if there's no other further questions, comments, we'll be entertaining a motion on the item. >> I move to approve the, uh, recommendation of, uh, the $2,000 and whatever it was to, uh, pay for the additional work. >> Traffic control. >> I'll second.

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I'll second. >> Thank you. >> Uh motion and a second. Any further discussion? Hearing none, those in favor signify by saying I. >> I. >> I. Motion passes. All right, thank you. That brings us to our fourth and final item. This is the final pay voucher number nine for the

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police department exterior improvement project and again, Mr. Sandy. >> Thank you, Mr. Chair. So, uh you'll find attached is uh the final pay voucher number nine to High-Tech Construction for the police department uh exterior improvements project. Uh the original

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contract value, the construction contract value was $455,500. There was one change order that was issued for this project for an additional exterior door replacement for $5,000 for that revised contract total of

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460,500. This final pay voucher um is equal to basically 5% of the 460,500, um which is just the releasing the retainage on the project. Um the project is complete. Um we're awaiting just the

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uh final documentation uh for uh IC 134s before we release payment for this, but um this is I believe in the bills tonight to get paid also, but staff brought it forward to SBW to uh issue the final pay voucher as we've done with uh historical projects.

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>> All right, thank you, Paul. Any other comments or questions? >> Um may I >> Yes, sir. >> Uh what's the IC 134 if what exactly is that? >> What's the term that is a contractor affidavit of sales tax paid, basically?

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>> Basically saying that they paid all their subcontractors. >> Yeah. >> Okay. Thank you. That's all I got. >> It's like a lien waiver, correct? >> like a lien waiver, yeah. >> All right, any other comments, questions? Now, we'll bring it a

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uh entertain a motion. >> Uh I will make a motion to approve the final pay voucher for 23025 to Hi-Tech Construction uh of Brainerd, and I so move. >> Second. All right, thank you. Motion and a second. Any further discussion? Hearing none, those in favor signify by saying I. >> I.

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>> I. >> I. And the motion carries, and that brings us to the end of our agenda. Thank you.