03-23-2017 - Laserfiche WebLink

Metro Flood Diversion Authority—March 23, 2017 5 Recommended Contracting Actions Reimbursement Agreements Mr. Montplaisir discussed two reimbursement agreements for utility relocations, which were approved by the Finance Committee:  Midcontinent Communications (RA-MC-001 Utility Relocation)—temporary relocation of fiber optic cable for construction of Corps of Engineers Diversion inlet structure in the amount of $54,738.44;  AT&T (RA-AT-002 Utility Relocation)—final payment for protection of fiber communication cable in the amount of $16,865.16. MOTION, passed Mr. Olson moved and Mrs. Scherling seconded to approve the appropriation of funds for the outlined utility relocations. On roll call vote, the motion carried unanimously. 10. OTHER BUSINESS Reimbursement Rates for P3 Proposers Mr. Shockley said the Finance Committee approved an increase to the rates of reimbursement as outlined in the Waiver of Protest and Proposal Preparation Reimbursement Agreement for the P3 proposers. He said recently one of the P3 teams withdrew from the procurement process, so there are now three P3 teams. He is requesting the board increase the reimbursement amount from $1 million to $1.5 million, which will be paid to the two unsuccessful bidders. He is also requesting the board increase the cancellation reimbursement amount from $500,000 to $1.5 million, which would only be paid to the three teams in the event the procurement is cancelled. Mr. Peterson does not object to an increase in the cancellation amount but is struggling with the reimbursement amount. He said when contractors bid for a project, it is expected that there will be time and money invested in a proposal with no intention of being reimbursed. Mr. Vanyo said the $3 million budget remains the same for the reimbursement rate. The budget for the cancellation rate will increase, but this would only have to be paid if the procurement is cancelled. Mr. Weyland left for the remainder of the meeting. MOTION, passed Mr. Campbell moved and Mr. Vanyo seconded to increase the Maximum Cancellation Reimbursement Amount and Maximum Reimbursement Amount as set forth in the draft Waiver of Protest and Proposal Preparation Reimbursement Agreement to $1.5 million for the P3 proposers. On roll call vote, the motion carried with Mr. Campbell, Mr. Vanyo, Mr. Mahoney, Mr. Piepkorn, Mr. Strand, Mrs. Scherling, Mr. Hendrickson, Mr. Olson and Mr. Thorstad voting “Yes”; Mr. Peterson voting “No”. Session with Magistrate Judge Mr. Shockley said a session will be held on April 4th with the Magistrate Judge in Duluth, Minnesota. He asked the board to authorize the chair to make decisions at the session. MOTION, passed Mr. Vanyo moved and Mr. Piepkorn seconded to authorize the Chair to make decisions for the Diversion Authority at the April 4, 2017, session in Duluth, Minnesota with the Magistrate Judge in the case of Richland Wilkin JPA vs. U.S. Army Corps of Engineers. On roll call vote, the motion carried unanimously.