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Home My WebLink About09-20-1968C� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1968 • • 1 Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on September 20,1968 President DeVries called the meeting to order at 11:45 A. M. the following members being present: President DeVries, Aldermen Day, Ellison, Folkert, Larson, Perry, Postier. Absent: None. The call of the special meeting was read and President DeVries ordered the same placed on file, the said meeting having been called for the purpose of considering a change order for the Sewage Treatment Plant and any other business the said Common Council may deem proper. A letter from Toltz, King, Duvall, Anderson and Associates, Inc. recommending a change order to the contract with Young Construction Company and Sheehy Bridge Constructic Company (a Joint Venture).dated January 3, 1967 for construction of additional wastewater treatment facilities, the requirements of the contract to be changed in accordance with the following, was read: 1. With reference to Sections 117, Article 24. Field Testing, paragraph A. Liquid Systems on page 117-26 of the specifications, in lieu of testing at a pressure of 100 PSI you are to test at the following listed pressures: Pipe Line Field Test Pressure-1 A. 30" Sewage Piping South Gallery, Tunnel and North Gallery to the 24" Butterfly Valves 35psi B. 6" Primary Sludge Piping to Pump 25 psi •C. Intermediate Pump Discharge Piping 35 psi D. Return Sludge Pump Piping 20 psi E. Waste Sludge Pump Piping 20 psi F. Spary Water Pump Piping 75 psi G. Positive Displacement Pump Piping 100 psi H. Grit Pump Piping 40 psi I. Scum Pipe Suction 25':,,psi J. All Other Piping in Section #117 Normal Operating Pressures 2. The pipe lines involved in #1 above are to be field tested to the pressures listed. If the pipe lines had been previously tested thay are to be retested. Any pipe lines which fail to pass the pressure test shall be reworked by you to correct any leaking joints at no cost to the City of Rochester. To correct leaks through flanged joints, you may replace gaskets or install additional gaskets of cloth inserted rubber compound using either ring or full faced gaskets, neither less than 1/16" thick. 3. For the pipe lines involved in #1 above, the one (1) year guarantee required by the specifications shall be extended to two (2) years. 4. The contract completion date shall be.extended to October 15, 1968, except for the final installation of the two (2) Butterfly Valves referred to in a separate letter to you dated September 18, 1968. 5. This change order shall not affect the contract price of the contract. The following.RELEASE was also read: "This agreement is made by and among: The City of Rochester Toltz, King, Duvall, Anderson & Associates, Inc. Construction Company, a joint venture Healy Plumbing and Heating Company, Inc. A dispute has arisen among the foregoing parties to this agreement concerning the responsiblityfor leaks in certain pipes installed by the above mentioned contractors pursuant to a contract with the City of Rochester, dated January 3, 1967, in which Toltz, King, Duvall, Anderson & Associates, Inc. are the engineers. A change order to such contract has been this date agreed to by the parties. In consideration of the execution of such change order and the mutual promises herein contained, each of the parties hereto releases all other parties from any claims arising out of any delay, cost or expense occasioned by such leakage." A motion was then made by Perry, second by Larson, that the resolution authorizing the is Mayor and City Clerk to execute, on behalf of the City of Rochester the above change order, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1968 to the contract of Young Construction Company and Sheehy Bridge Construction Company (a joint venture) dated January 3, 1967 for construction of additional wastewater treatment facilities, be approved. Alderman Perry stated that he did not think Toltz, King, Duvall, Anderson and Associates should be a part of the release, the City hired this firm to do the work and did not feel they should be a part of the release. Alderman Larson asked how much inconvenience and how much longer it would take to take care of this "goof up".Mr. Walter Hogenson, Supt. of the Sewage Treatment Plant, said it was very hard to say how much delay this would cause, if everything had been taken care of we could have been in operation now; he said there are many factors and takes quite a while to test out a plant and we can not test the sewage until the • piping is taken care of and because of this the contractor has held his men off of the job; the original contract called for a ompletion date of August 1, 1968 and if everything had gone right this date could have been met but now the completion date is October 15, 1968 and we can not turn -the sewage in until October 15th and then it will take a couple of weeks to make various adjustments. Alderman Postier said if we set up 100 psi and the engineer thought that this was proper and this worked out in other areas, are we having inferior workmanship or material if if does not work out for us. Mr. Hogenson said he could not pinpoint it himself but was informed that these same specifications were used on Mpls-St. Paul sanitary district and the specifications were 100 psi and was tested out without leaks, the gaskets were the same and they had the same piping but had a different mechanical contractor. Mr. A. J. Sperling of Toltz, King, Duvall, Anderson, stated that at the Mpls-St. Paul Sanitary District, the same specifications and pipe were used, the gaskets were from a different company but they met the standard specifications, as to whether this change order will induce inferior material into the construction, he would say "no", the joints made up to meet the change order will be ample to have the plant run efficiently so these are not inferior, the specifications call for a gasket cloth impregnated leather and this is a harder gasket than used at the sanitary district building. Alderman Larson said he personally thought that we are taking Toltz, King, Duvall, Anderson off the hook by approving this, however, we want to get the plant in operation and they have assured us that the double pressure is adequate and it should go ahead. Alderman Perry moved that Toltz, King, Duvall, Anderson and Associates , be excluded from the release; R. V. Ehrick, City Attorney said they could not arbitrarily say you exclude them because it changes the picture, not only as far as they are concerned but also where Young Construction Company and Sheehy Bridge Construction Company are concerned, he said the City has a two year guarantee on pipe with the contractor in Young Construction Company; Alderman Perry's motion was lost for want of a second. Alderman Postier stated that he was not sure that we have the right person responsible as they did threaten to sue the City. R. V. Ehrick, City Attorney said he did not know what the threats have been about law suits but he know that the engineers and Young Construction Company and Sheehy Bridge Construction Company have been meeting two or three times a week trying to resolve this problem; he said he was sorry that the question of release of claims Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 20, 1968 1 1 1 • 1 actually comes up now, the release does come up about claims due to leakage and does not vary any of the warranties of the plant as a whole; he said he was not concerned about any suit against the City, that the City was an innocent bystander, the only thing we are going to do is the engineers if the specifications are faulty and he could see no harm to the City at that score;.he said the only thing that impressed him at the last meeting was that they talked about some leaking, apparently when the first plant was built it called for the pipes to be about 10% above operating pressure and why the engineers called for 100 psi I don't know but all of the people that were at this meeting assured us that these pipes would be .adequate if they were tested at twice the pressure; he said he could not tell if there has been any damage to flanges. After further discussion, President DeVries then called for a vote on the motion to approve the resolution authorizing execution of the change order and all voting.in favor, except Alderman Perry who voted "nay, President DeVries declared the said resolution duly passed and adopted.. A resolution authorizing and directing the Mayor and City Clerk to execute, on behalf of the City of Rochester, the release submitted with respect to the pipe leakage at the Sewage Disposal plant (copy of release on page 1 of these minutes) was read. A motion was made by Alderman Folkert that the resolution authorizing exeuction of the release submitted `with respect to the pipe leaking at the Sewage Treatment Plant be amended to authorize the Mayor and City'Clerk to execute this release on the condition that the final sentence of the release be restated as follows: "In consideration of the execution of such change order and the mutual promises herein contained, each of the parties hereto ialeases all other parties from any claims for cost or expense arising out of any delay occasioned by such leakage." and further amended that the following sentence be added to the last paragraph ofthe said release: '!.'Nothing in this release shall be construed to authorize or approve further delay in completion of the plant beyond October 15th, 1968." Alderman Larson seconded the amendement and all voted in favor. Alderman Folkert then ,:move( to adopt the resolution as amended; Alderman Larson seconded the motion and all voting in favor, President DeVries declared the said resolution duly passed and adopted. Upon motion by Postier, second by Ellison, and all voting in favor, the meeting) was adjourned. City Clerk E Record of Official Proceedings of the Common Council of the City of Rochester, Minn., October 4, 1968 Minutes of a special meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on October 4, 1968. President DeVries called the meeting to order at 9:30 A. M., the following members being present: President DeVries, Aldermen Larson, Perry, Postier. Absent: JAlderman Day, Ellison, Folkert. The call of the special meeting was read and President DeVries ordered the same placed on file, the said meeting having been called for the purpose of appointing a replacement for Alderman of the Sixth Ward and any other business the said Common Council may deem proper. A motion was made by Larson, second by Perry, that the Common Council appoint Mr. John C. Brunnette of 1324 - 30th Street N. W. as Alderman of the 6th Ward and all present [voting in favor, the appointment was confirmed. A resolution appointing Mr. John C. Brunnette of 1324 - 30th Street N. W. as Alderman of the Sixth Ward effective immediately for a term which shall expire on April 7, 1969 or at such time as his successor is elected and qualified, was read. A motion was made that the said resolution be adopted as read, by Postier, second by Perry,/and all present voting in favor, President DeVries declared the said resolution duly passed and adopted. Upon motion by Perry, second by Postier, and all present voting in favor, the meeting was adjourned. City Clerk 1 • II 1 1