The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, November 20, 2014 – 6:30 p.m.

Lake Delhi Trustee Office

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:32 PM at the Lake Delhi Trustee Office.

Trustees present: Leonard, Davidson, Kray, Burger, Kramer, Colgan by Skype, Gifford by phone

Trustees absent:

Visitors: Ed Schmidt, Dave Larson, Larry Aschbrenner, Jim Locke, Chris Stender, Marcheta Cooey Lux, Dan Reyner, Sara Millhouse (Dyersville Commercial)

Agenda was reviewed by Leonard and motion to approve the agenda by Burger, Davidson second. All ayes, motion passed.

Kray asked for approval of minutes from 10/23/14, and 11/6/14. Kramer made motion to approve, Burger second, all ayes, motion passed.

Kramer reviewed the claims for November. Requests for payment from the General Fund are Alliant Energy – $20.45; Simmons Perrine Moyer Bergman – $240.00; News Publishing – $59.50; Tegeler Body & Frame (payment for moving barge) – $612.50; Three Rivers FS – $17.50; Delaware County Auditor’s office (warrant expense) – $30.00. Kramer advised of payments for the Dam/Spillway Fund are Lunda Construction – $272,207.78; Delaware Co. Secondary Roads Dept (50% share of Turtle Creek work) – $68,235.19; Groth Services (Septic work for Rocky Nook Assoc.) – $77,444.95; Stanley Consultants – $195,980.73. Burger made motion to approve payments of both funds, Davidson second. Davidson noted that the board should consider shutting down the buildings down by the dam due to the continuing expense. All ayes on the motion to approve payments for both funds, motion passed.

Kramer reviewed Financial report for month ending October 31, 2014. The General Fund began with a balance of $194,927.70 and after revenues and expenses, ended with a balance of $192,108.09. The Debt Service Fund began with a balance of $242,165.84 and after revenues and expenses ended with a balance of $148,150.78. The Dam/Spillway fund started with a balance of $5,336,890.52 and after revenues and expenses, ended with a balance of $4,830,349.34. Kramer also presented reports maintained by the County. Motion to file all financial reports by Kray, Burger second. Kray requested report to show overall big picture of what funds we have left and what commitments are outstanding. Colgan agreed and said it would be a type of management report. Leonard indicated he and Kramer will put a report together for the next meeting. All ayes on the motion to file reports, motion passed.

The letter to the DNR requesting reimbursement for Phase I costs of $465,272.51 was discussed by Leonard explaining charges are for Lunda Construction and Stanley Engineering invoices with the exception of any dredging expense. Kray made motion to approve reimbursement request, Burger second, all ayes, motion passed.

Committee Updates

Lake Bed Clean Up – Gifford advised no updates since last meeting as the weather turning colder much earlier than expected set back any cutting of trees.

Dredge – We are currently trying to quantify the amount of material in the lake bed and work is being done by Burrington Group and then sent back to Stanley Engineering. Our agreement with the Corp of Engineers is that if we document all the sediment on the lake we won’t have to request a permit every time want to dredge. Once we get the sediment amounts documented, we won’t have to do this task again.

Dam Construction – Lunda is still working in cold weather -all the wall patching is complete and the old piers have been removed. The gate guides from Linita should be delivered in early December. We previously approved a change order to change the operator’s deck to steel instead of concrete. Lunda is making preparations to take out the old deck and will install the new deck in January. Phase II will go out for re-bid. We hired Braun Co to do additional soil testing in the field. We believe there may be sediment available around the dam and in the Turtle Creek area that will assist in reducing cost. We have also asked Stanley Engineering to do a value engineering study to see if there are areas where we may change design and assist in cost reduction. Colgan is scheduling the pre-bid meeting for January 12 or 13^th and we should award Phase II at the end of January.

Water Quality – Nothing to report until next year.

Funding/Financing – Nothing to update since last meeting. Burger said we need to start on the budget for next year. They will be calling a meeting shortly to start the process.

Kray advised the board that Davidson and herself interviewed 2 candidates for the recording secretary position and have decided on one of the candidates. Leonard made motion to pay on contract basis to do minutes each month at a rate of $45/mo which is less than $600/year and that the candidate would be responsible for her own mileage and her own computer, Kramer second. The $45/mo amount was chosen so we don’t have to go through the 1099 process. Davidson said we talked loosely about pay but that we would have a 2 hour minimum for meetings and then she would track her hours for further work. Davidson said the 1099 should not be an issue as they are not hard to complete. Kray said she would rather see a less complicated pay basis of just $12/hour for work completed with a 2 hour minimum for meetings. Kray agreed to contact our attorney Hatala for advice on use of the Trustee computer and a document for the contracted employee. Leonard amended the motion to hire candidate as a contract employee for $12/hour with a 2 hour minimum for meetings and $12/hour for work completed after with approval at the December meeting after Kray provides the contract document. All ayes, motion passed.

Public Comment – Chris Stender asked why pre-bid conference will be January 12^th or 13^th ? Colgan explained that after the bids are released about 10 days after a pre-bid meeting is held for contractor questions. Result of soil borings should be done next week. Stender asked if soil boring reports aren’t what we want, what then? Colgan said we will have to go with what we had before but another key issue is when work is actually done and moving from winter work should help. Earthwork is also a major component. Stender asked if there was only one earth work contractor on the previous Phase II bids. Colgan said he wasn’t looking at bids so hard to answer.

Ed Schmidt asked what the $12,000 lobbyist payment was for and Kramer explained it was 6 months of normal payment of $2,000/mo.

Stender asked how long the construction will take and Colgan said 150 days and should be complete fall of 2015.

Jim Locke asked about the letter regarding septic systems and Kray advised status and that letter was sent to those who needed inspections.

Dan Reyner said he thought the opening at Turtle Creek looks narrower than is safe. Colgan said is just earth work for now and is not the final configuration.

Motion to adjourn by Burger, Davidson second. All ayes, motion passed. Meeting adjourned at 7:31 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, November 6, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:33 PM at the Maquoketa Valley Middle School Room.

Trustees present: Kray, Leonard, Burger, Colgan, Davidson

Trustees absent: Gifford and Kramer

Visitors: Diane Bauer, Larry Peter, Ed Schmidt, Don Dede, Pat Dede, Jim Locke, Phyllis Locke, Dave Larson, Chloe Colgan, Larry Aschbrenner, Bob Klima

Agenda was reviewed by Leonard and motion to approve the agenda by Kray, Davidson second.  All ayes, motion passed.

Colgan explained that our agreement with Lunda Construction was based on lump sum bidding but if the contractor does work that is not in the contract or may find a different way to complete a task, change orders are created.  Change Order #7 from Lunda Construction deals with the dewatering of the cofferdam after our huge water event in June.  Both of the upstream and downstream sides of the cofferdam were flooded and it took 3 weeks before work could continue.  Leonard made motion to approve Change Order #7 in the amount of $47,403.29, Davidson second.  Davidson asked who negotiated.  Colgan conferred with Stanley Engineering on this change order and we saved monies by waiting to pay this claim.  After the flood, the rest of the construction year had ideal weather and river flow conditions allowing the contractor to recover lost time from the flood  All ayes, motion passed.

Change order #9 from Lunda Construction was explained that it is for field modifications that needed to be made to rock anchor rods.  Colgan indicated that Stanley Engineering is recommending that we deny this change order as our bid drawings indicated a plus or minus measurement in this area.  Leonard made motion to deny Change Order #9 from Lunda Construction, Burger second.  Burger asked if Lunda is aware Stanley recommends rejecting the change order and Colgan indicated Lunda is aware.  Vote taken on motion to deny change order, all ayes, motion passed.

Colgan explained Change Order #10 from Lunda Construction for $2.776.29 was for concrete work done to cover rock bolts that wasn’t necessary. Stanley Engineering and Colgan recommend denying the change order. Davidson made motion to deny Change Order #10, Burger second. Leonard asked Colgan if there was any downside risk as to how the contractor completed the work and Colgan said no.  All ayes, motion passed.

Change Order #11 is for $8431.72 and was requested by Lunda for a subcontractor.  According to our contract if there is a 15% under run on an item, the contractor can request an adjustment.  This is based on the amount of grout used under the powerhouse.  Davidson made motion to approve, Burger second, all ayes, motion passed.

Change Order #12 is for the lifting beam for the stop logs.  Colgan explained that Linita is the flood gate vendor under contract with Lunda Construction.  The District supplied the gate lifting mechanisms made by Steel Fab from a previous contract and were shipped to Linita for their inspection and repair if required. Linita must guarantee the operation of the entire mechanical systems in the water passage areas.  Linita indicated they could bring the existing beam up to standard for $27,000 or forward us a new beam for approximately $30,000.  Stanley Engineering is recommending purchasing the new lifting beam.  Leonard made motion to approve Change Order #12 in the amount of $35,815.05, Burger second.  There was discussion regarding whether we could scrap the old beams and Colgan indicated he would discuss with Stanley Engineering to see what it is worth.  A vote was taken on the motion, all ayes, motion passed.

Public comment – Before any public comment, Leonard advised that there is a written draft for the Lake Delhi Voice which will include information on the recent governors visit as well as an explanation regarding the declining of the Phase II bids by the board.  The lowest bid of the 3 bids came in $1.3 million higher than the estimate.  Colgan and Leonard explained there will be some changes made to the bid and we will be requesting a second bidding on Phase II.  Colgan feels the time of year will be better suited to construction and will have an impact on cost. 

Ed Schmidt asked if our insurance would cover the costs on Change Order # 7 and Burger said our builders risk insurance is not for pumping of water, etc. as it covers equipment that may be damaged. 

Dave Larson indicated that the price of scrap just went down to $140/ton and it may not be worth worrying about scrapping the gates.

Larry Peter asked if Phase II will have stop log items also and Colgan explained that included in the Phase II scope is a new feature called the stop log area that will provide a maintenance opening in the dam located between the existing concrete structure and the new labyrinth overflow spillway.  When operated it will allow logs and debris to be flushed down the river when required.  This is not to be confused with the stop logs that were a part of the change order.

Jim Locke asked why therewas so much disparity on the bid responses. Colgan said the timing of the work along with the availability of other job opportunities to contractors resulted in a bid offering that was not that appealing to contractors to give the District competitive bids.

Bob Klima thought Phase II had the cofferdams in the bids and Colgan said Phase I has two smaller cofferdams, one upstream and the other downstream to protect Phase I work.   Phase II has the major cofferdam that is needed to divert the river around the new dike and overflow spillway as well as a second smaller cofferdam to protect the work from river flow on the downstream side.  There are a total of 4 cofferdams, two for each phase but the Phase II upstream is the major cofferdam to restore Lake Delhi.

Motion to adjourn by Davidson, Burger second.  All ayes, motion passed. Meeting adjourned at 7:18 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, October 23 2014 – 6:30 p.m.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:34 PM at the Heritage Bank Conference Room.

Trustees present: Leonard, Davidson, Kray, Burger, Kramer, Colgan  by Skype, Gifford by phone

Trustees absent:

Visitors: Larry Peter, Eve Peter, Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz,, Bonnie Hughes, Bill Hughes, Lola Galiher, Bob Galiher, Ben Pasker, Diane Bauers, John Hess, Dave Larson, Alan Shaffer, Richard Rusk, Larry Aschbrenner

Agenda was reviewed by Leonard and motion to approve the agenda by Kray, Burger second.  All ayes, motion passed.

Kray asked for approval of minutes from 9/23/14, 10/2/14 and 10/16/14. Davidson made motion to approve, Kramer second,  all ayes, motion passed.

Kramer reviewed the claims for October.  Requests for payment from the General Fund are Alliant Energy – $20.45;  Kramer Lawn Care – $375.00; L&L Consulting – $12,000.00 (Nov 2014 to Apr 2015); Simmons Perrine Moyer Bergman – $160.00; Bankers Trust (Bond Registrar fees)- $250.00; Delaware County Auditor’s office (election expense) – $1,090.51; Maquoketa Valley School District (Rent of admin bldg through Apr 2015) . Kramer advised of payments for the Dam/Spillway Fund which is Lunda Construction for $701,297.28; Laurie Kramer (postage for Phase II bids to Stanley) – $25.55; News Publishing (Publication for Phase II bid) – $70.04; Register Media (publication for Phase II bid) – $108.41.  There is also one payment request from the bond fund which is Bankers Trust – $120,296.25.   Burger made motion to approve payments of both funds, Kramer second. All ayes, motion passed.

Kramer reviewed Financial report for month ending September 30, 2014.  The General Fund began with a balance of $133,333.09 and after revenues and expenses, ended with a balance of $194,927.70.  The Debt Service Fund began with a balance of $82,324.54 and after revenues  ended with a balance of $242,165.84.  The Dam/Spillway fund started with a balance of $4,633,876.25 and after revenues and expenses, ended with a balance of $5,336,890.52.   Kramer also presented reports maintained by the County.  Motion to file all financial reports by Burger, Davidson second.  All ayes, motion passed.

The letter to the DNR requesting reimbursement for Phase I costs of $701,297.28 was discussed by Leonard.  Burger made motion to approve, Kramer second,  all ayes, motion passed.

Committee Updates

Lake Bed Clean Up – per Gifford work is continuing to proceed.  The committee has arranged for lended equipment from Paladin and getting volunteers from various neighborhoods to assist. 

Dredge – Leonard said the DNR is supposed to give the District a letter to allow approval for dredging around each property owners lake bed around their dock area.  The agreement will be for x number of cubic yards or x number of truckloads.  The letter will give specific details and we are expecting the letter soon.

Dam Construction – Colgan indicated that the major items for Phase I are done ( eg., Rock anchors, bolt system, patching, etc.)  Demolition of the old electrical system is underway.  The contractor is taking advantage of the good weather.

Water Quality – Kray advised the committee had a meeting to brainstorm as to what want the committee would like to accomplish and getting ready for next year.

Funding/Financing – Burger reminded the public the board gave authorization to draw $20,000 for the dredge payment so we could take advantage of better interest rates that usually occur in the fall.  Burger said he would like to begin the process and explained the rates and how they are configured.  Kramer indicated the County Auditor wants a letter requesting such from the LDRA President.  Burger/Kramer will draft the letter and forward it to Rich Hughes, the LDRA President.

Colgan explained the need for tree removal at Rocky Nook area on the properties the District now owns because they will affect the new sewer system.  He received 2 bids, one from the subcontractor and one from Weiner Co.  Weiner was the low bid at $2,915.75 and Colgan made motion to approve awarding tree removal to Weiner.   Kramer second the motion, all ayes, motion passed.

Davidson discussed the need to move the work platform as the 2 year agreement with Darryl Hogan has expired.  Davidson said he needed the funds allocated to pay for the cost of the move and he and Rich Hughes (President of the LDRA) have decided the dredge site will be the best location.  Burger made motion to approve up to $700 to move the work platform to the existing dredge containment site, Kray second.  There was discussion regarding the size of the work platform and what would be required to get the equipment into the dredge containment site. All ayes, motion passed.

Colgan explained the Stanley Engineering Supplemental agreement #25 allows for engineering services during the  Phase II bidding process which has already been completed and includes bid advertisement, the pre-bid contractors meeting, etc.  Colgan made motion to approve the agreement, Kramer second, all ayes, motion passed.

Stanley Agreement #26 was covered by Colgan and it is an allotment that would only be spent for regulatory support if needed from Oct. 2014 to Oct. 2015 up to $10,000.  Burger made motion to approve, Kramer second, all ayes, motion passed.

Stanley Engineering Agreement #27 was introduced and Leoanrd and Kramer indicated they think this agreement might cover work already done. Bill Holman is not available right now due to health issues.  Burger made motion to table, Kramer second, all ayes, motion passed.

Colgan discussed the Phase II construction bids and explained they had been opened at a district meeting last week.   Stanley Engineering went through the 3 bids received in detail.  All of the contractors gave a no bid for the 7/17/15 completion date and 2 of the contractors met the completion date of 9/4/2015 and one required a date of September 2016.  Stanley found that there were 4 areas that were  consistently higher than what they have seen in the current contracting environment in the Midwest.  The lowest bid is $1,300,000 million higher than the engineering estimate.  We have two decisions, either accept the Cramer Construction bid or reject all the bids and rebid the project.  Stanley Engineering thinks we can change items in the bid to reduce costs and rebidding would move the schedule so there is less work in the winter which can cost more.  Leonard asked Colgan for his recommendation as a trustee representing the district and Colgan indicated he believes we should reject the bids and rebid it. Leonard made motion to reject the bids and to call for a special meeting or at our next regularly scheduled meeting to set new bid dates, Kramer second.  Leonard is disappointed that the completion will not be in July and that the bids were so far over the engineer’s estimates.  Gifford feels strongly we should reject and re-bid and doesn’t want to wait. He wants Stanley to go back to the market place and get other sources for the construction materials.  Burger wants an update at  the next regular meeting and set the date for re-bidding at our November meeting.  There was discussion regarding when the dates for the rebid should happen and Colgan felt we should discuss further with Stanley Engineering.  Leonard amended motion to reject all bids, Davidson second.  Individual roll call requested, all ayes, motion passed. 

Stanley Supplemental Agreement #28 was explained by Colgan that it is for Braun Co to do additional soil work near the dam to see what the composition of that soil material is.  Leonard made motion to approve the agreement with a maximum of $7400, Kramer second.  Colgan confirmed this is only for the coffer dam and not for the dike structure.   All ayes, motion passed.

Burger explained the billing for the bonding attorneys to redo the schedule for the dredging loan is $4,500 and he would like to forward those funds to the LDRA for payment.  The bonding attorneys were necessary to retain the bonds as tax exempt bonds. Kramer said she reached out to Reyner (the Treasurer for the LDRA) and he indicated the funds are available and she believes it is the LDRA debt and they should pay it.  Leonard said he would like to consider tabling the issue until the next meeting.  Burger said he doesn’t believe there is any reason to table the issue.  Leonard made motion to change the billing name to LDRA and then pay funds to the LDRA to pay the  $4,500 Dorsey and Whitney billing, Burger second.  Kramer still has issue and doesn’t know what other expenses the LDRA has but is concerned about our funds and the debt the District has outstanding.  Burger said the district is saving hundreds of thousands to service this loan and so it is to our benefit to pursue the refinancing and we had to involve a bonding attorney.  Vote taken on motion, Davidson, Kray, Gifford, Colgan, Leonard, Burger ayes, Kramer no.  Motion passed.

Bob Galiher asked how useable the work platform is and why are we saving. Davidson indicated the work platform was paid for with FEMA funds and we are not sure what FEMA will do with the platform so we have to keep it. 

Doc Hess said he is puzzled by why we did the dam repair in 2 phases and now it seems we are in a bad position because one phase is almost finished and we now have to accept what comes in for Phase II. Colgan said the project was split in 2 because of permitting reasons and delays. 

Galiher asked if we rejected the bids and the new bids come back higher, can we go back to these rejected bids.  Leonard advised no.

Larry Aschbrenner asked if the tree removal included root removal and Colgan advised yes.

Motion to adjourn by Burger, second by Kramer.  All ayes, motion passed. Meeting adjourned at 7:34 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, October 16, 2014 – 1:30 p.m.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 1:31 PM at the Heritage Bank Conference Room.  He conveyed the meeting to Kramer as he was not present in the room.

Trustees present: Kramer and Kray, Leonard, Burger and Gifford by phone, Colgan by Skype

Trustees absent: Davidson

Visitors: Larry Peter, Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ben Pasker, Chip Hughes, Don Dede, Brian Monk, Dave Larson, Alan Shaffer, Steve Nol, Brian Jacob, Diane Bauers, Steve Cehl, John Hess, Larry Aschbrenner, Chris Stender, Ben Kindred, Abe Uccelto, Tracy Fippinger

Agenda was reviewed by Kramer and motion to approve the agenda by Kray, Leonard second.  All ayes, motion passed.

Kramer opened bids for Phase II construction

Cramer and Associates from Grinnell, IA – $8,264,753.00

Lunda Construction from Little Chute, WI – $9,082,299.55

Peterson Contractors from Reinbeck, IA – $10,998,608.28

Leonard made motion to allow Stanley Consultants to review all bids and make a final recommendation to the Board on October 23, 2014 at the 6:30 pm meeting, Kramer second.  Burger asked if this was enough time for Stanley Consultants to do their review and Colgan said he had confirmed that with them.  All ayes, motion passed.

Colgan explained Change Order #8 from Lunda Construction which relates to the operator bridge.  It was determined there was not enough good concrete to save.   Several options were considered but this option was considered the safest and most cost effective.  The change order proposes a new galvanized steel bridge and will be across all 3 gate openings.  Motion to approve change order by Burger, Kramer second. Gifford asked what alternatives were looked at and Colgan advised that if they removed the concrete it may not be safe.  In addition once the concrete is removed it may be so bad, we would have to replace it anyway.  Colgan indicated that the proposed galvanized steel is approximately $90,000 cheaper than replacing the bridge with concrete.  This work replaces other work that would need to be done so there is some savings from the $139,800 request.  Vote taken on motion, all ayes, motion passed.

Kray made motion to change the regular scheduled October meeting to October 23^rd, Leonard second.  No discussion, motion passed, all ayes.

Public comments – a representative from Cramer Construction asked if the alternate bids had been read.  There was an option to propose a figure for an earlier construction end date.  All 3 bidders gave a ‘no bid’ to this option.

Ben Pasker asked if there was structural value in the change order. Colgan advised yes as this bridge will be the access for equipment and gate hoists.

Motion to adjourn by Kray, Leonard second, all ayes, motion passed.  Meeting adjourned at 1:45 pm.