Minutes - Public Works Committee - 09/18/2012

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Development Manager Lazan reviewed that in 2011, Connexus wanted to install three signal cabinets. Because the placement of one cabinet had impacted the location of a "Welcome to The COR" sign, the City decided to determine locations. In this case, Connexus had been provided with a CAD file identifying locations for three gear cabinets. Development Manager Lazan stated he had a call with WSB, which was then doing the Bunker /Armstrong interchange, and told Connexus where the cabinets had to be located. All agreed and Landform did a CAD file that described the exact location for the gear cabinet. Development Manager Lazan stated he thought the cabinets were installed in 2011 but they were not. This spring, for the Sunwood Project, Connexus came to job trailer and WSB told them where to locate the cabinet. Development Manager Lazan stated they had spent a lot of time and energy in 2011 giving Connexus direction on the exact location and he believed the HRA was owed more than a casual conversation in the job trailer. He recommended the City not cover the full cost. Chairperson Backous asked who was in the job trailer at that time. Development Manager Lazan stated he was not at that meeting, but there were several individuals from Landform and several from WSB. He explained the folks who did the Sunwood project for Landform were not aware of the switch gear issue because it was thought to have been resolved one year earlier. Development Manager Lazan reviewed the dates and times of the conference conversation and providing the CAD exhibit. Development Manager Lazan stated it is hard to argue when Connexus is not in attendance to present its side. Interim Engineer Nelson stated from the City's side, continuity is lost by not moving forward with the same City Engineer. He felt that had the former City Engineer been present in the job trailer, he would probably have remembered the significant effort that went into finding those cabinet locations. Councilmember McGlone noted the HRA definitely decided where it wanted the signs located. He asked about the timing since the lights have to go in. Development Manager Lazan explained that this switch gear is not for the traffic signals. Today, the transformer is on HRA property with no easement and Landform had given direction where the cabinet was to be installed but that was not followed. Councilmember Elvig stated it appears that three entities were in the job trailer but it was not caught even after creating CAD drawings. He noted it is not an issue of who "dropped the ball" or whether it was followed up at the end of the year. Councilmember Elvig stated the HRA is the client and suggested this matter be referred to the HRA. Chairperson Backous stated when he makes a mistake as an insurance agent, he does not make the client cover that cost but it goes to his errors and omissions insurance to cover the cost. He stated the City needs to hold the vendors responsible. Public Works Committee / September 18, 2012 Page 12 of 16