4b. Flood-payment for clay borrow pit

CASS COUNTY RECEIVED GOVERNMENT APR 28 2014 CASS COUNTY COMMISSION MEMORANDUM Highway Department TO: Cass County Commission Jason Benson,P.E. FROM: Jason Benson, County Engineer • O4 County Engineer DATE: April 28, 2014 Richard S.Sieg Superintendent SUBJECT: Agenda topic for March 5, 2014 Commission Meeting: Request Authorization for Payment to Dr. James Carlson for Thomas B.Soucy,P.E. Borrow Pit Clay at 88th Ave South. Design and Construction Engineer During the spring flood of 2010, an immediate source of clay borrow was required for the emergency clay levee construction in the Round Hill and Cass 81 area. Cass County contracted with Dr. James Carlson to use his field south of 88th Ave S (east of 25th St S.). A verbal agreement was made that we would either barter for future flood protection for Dr. Carlson's development, pay for the clay, or replace the borrow material. However, after the flood, this clay was used to complete permanent levees and was no longer available to be returned to the original site. Negotiations have been made off and on with Dr. Carlson to resolve this situation. Project records show that approximately 20,000 CY of clay were removed from the borrow pit. In lieu of replacing the clay, an offer of$5 per CY was given, for a total cost of$100,000. Dr. Carlson has agreed to this offer and relinquishes Cass County of any further responsibility for the borrow pit site. I feel this is a very good offer and estimate it would cost twice as much to purchase and haul in clay to fill the existing hole. SUGGESTED MOTION: Authorize the Commission Chair to sign the contract with Dr. James Carlson for the payment of$100,000 for the Clay Borrow Pit located on 88th Ave South used during the 2010 spring flood. 1201 Main Avenue West West Fargo,North Dakota 58078-1301 701-298-2370 Fax: 701-298-2395 J:Admin-Eng Commission Corrsp 2014 Commission Correspondence Agenda demo_05052014 Jim Carlson Borrow Pit.docx