11-19-02 CCM - Laserfiche WebLink

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Memo from City Employee on Safety Issues: In memo dated November 15, 2002, Mike Buckles alerted the City on safety concerns with the contractor, EnComm Midwest,LLC, working on the 50t" Street Water Project. The City Engineer stated that one of the public works employees did have a few questions on whether the contractor was operating safely in the right of way area. Prew stated our project manager was out there and checked to see if they had a safe excavation operation. He thought the size of the hole was appropriate for the size of the excavation, but it is the responsibility of the contractor. Mike Bouthilet reported that both City employees, Mike Buckles and Rick Gustafson, were at the site and found traffic control was not an issue, which Bouthilet felt was obvious by the pictures provided. Attorney Filla stated the City is not responsible for the liability of the contractors. The independent contractors make their own decisions. We make sure that our contract documents require and provide certain kinds of insurance coverage. The City has no control over whether someone who is injured should chose to sue the City and the contractor. If we have done our job in terms of contract documents and insurance certificate, we have no risk. As between the City and a third party, we cannot guarantee the third party will not sue the city. M/S/P Siedow/Dunn - to adopt Resolution No. 2002-131, approving Partial Payment No. 7 to EnComm Midwest, Claim Number 22787 in the amount of $31,115.83 for work performed on Pumphouse No. 2 with a 5% retainage as stated in the executed contract between the City and EnComm Midwest. LLC. (Motion passed 5-0 C. Claims Without Required Purchase Requisitions and Quotation. The Finance Director reported she discovered a statement from Emergency Apparatus Maintenance which showed several unpaid invoices. 1. Emergency Apparatus Maintenance: Invoice amount: $151.62, Invoice Date: 12/31/01. This purchase is for replace of a valve. 2. Emergency Apparatus Maintenance: Invoice amount: $902.22. Invoice Date: 12/04/01. This invoice is for the repair of Tele-Squirt #3175. The Fire Chief reported this work is completed. M/S/P Armstrong/Siedow — to approve Resolution No. 2002-133, A Resolution Approving Claim Number 22788 in the amount of $1,053.84.(Motion passed 5-0.) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Maintenance Dept: Mike Bouthilet Hiring of Sander (verbal) Mike Bouthilet recommended hiring Troy Bonin, who has experience plowing snow and Chief Malmquist has given him a good recommendation, for the on -call sander position at $13 per hour. Mr. Bonin, who is a Lake Elmo Firefighter, will not be responding to medicals if he is out sanding a route. M/S/P Siedow/DeLapp — to approve hiring of Troy Bonin as an on -call sander at $13 per hour. (Motion passed 5-0.) LAKE ELMO COUNCIL MINUTES NOVEMBER 19, 2002 6