BTBC Minutes from 10/2022 - 11/2022

• Page 4, October 19, 2022, Special Session

NAID Arbor/ Change Order (Closed Session): Donna YelllowOwl, Blackfeet Facilities Director, and Michael Gervais, Engineer, were present at the meeting to discuss a Change Order for the NAID Arbor construction and design. No Action. 

• Page 3, October 31, 2022, Special Session

NAID Arbor (Closed Session): Dawn Gray, Blackfeet Tribal Attorney, was present at the meeting to discuss the construction of the NAID Arbor.

Establishing a separate bank account for the NAID Arbor Construction Funds (Closed Session): Timothy Davis made a motion by resolution to establish a separate bank account for the NAID Arbor construction funds. Second by Thomas Rutherford. Motion carried unanimously. (6). Note: The Blackfeet Legal Department will draft the resolution.

• Page 5, November 9, 2022, Special Session

Establishing a separate bank account for A&E Construction costs for the NAID Arbor and project oversight (Closed session): Thomas Rutherford made a motion by resolution {#89-2023} to establish a separate bank account for A&E Construction costs for the NAID Arbor and Project oversight. Second by Shelly Hall. Motion carried unanimously. (8)

• Page 3, January 10, 2023, Special Session

Tribal Property Projects (closed session):  Chairman Iliff Kipp Sr. inquired if the Glenn Heavy Runner Memorial Swimming Pool project is completed. Ed Kennedy stated the project is 98% completed.

Ed Kennedy stated the gas meter and Center Ring will be installed at the Arbor.

The cement for the Cultural Center has been poured and items were recovered beforehand. 

There will need for be trusses purchased for the Arbor in the amount of $418,000.00. There is $2.5 Million left in the budget for the swimming pool which will pay for the trusses. There is $6.4+ Million left in the operating budget for the Tribal Projects budgeted to Ed Kennedy. There is a design flaw from the engineers for the steel beams, and a request for a $12,000.00 to correct the flaw. Chairman Iliff Kipp Sr. requested a written report, Mr. Kennedy stated he will submit the report. 

• Page 3, January 24, 2023, Special Session

Arbor project (closed session): Michael Gervais, Engineer, Ed Kennedy, Contractor, and Carl Kipp, Inspector, were present at the meeting.

Michael Gervais, Engineer, stated when the outer ring was installed, the tension members sagged. Mr. Gervais suggested installing wood columns at the midpoints and the Contractor suggested steel for an additional $12,000.00. 

Ed Kennedy stated the center ring was placed three weeks ago and there was a design flaw. There is a tentative Grand Opening date for the Arbor set at July 5, 2023. The steel was supposed to be 3/4 in. but was 3/8 in. the ring needs to be uninstalled fix and reinstalled. A one-inch plate was installed instead of a two inch. Mr. Kennedy stated the project can only progress at the same pace of the steel manufacture, Anderson Steel. The total price of the steel is $843,000.00. Ed Kennedy stated there could be wood installed but it would rot. The price to install wood would be $3,000.00 and the steel would be $12,000.00. 

Jim McNeely, Blackfeet Operations Manager inquired if the Arbor will be completed for the 2023 North American Indian Days. Ed Kennedy replied yes. Jim McNeely stated a statement will need to be released to the public. 

Carl Kipp stated there should be a completed plan and specs submitted to the BTBC. There is no site plan, the Center Ring was not in alignment. The Arbor is being built on a "Design and Build" concept. Mr. Kipp stated he is unsure how cost is determined without a plan. The Contractor submitted a cost (prior to construction) for a 40,000 square foot building. $8.6 million was budgeted but the project is approximately costing $11 million. It is very important to have a complete plan and specs moving forward for funding and safety reasons.

Michael Gervais stated the "Design and Build" was used due to time issues. The scope was changed and the bump-outs were taken out. The plates on the Center Ring were not a design flaw. There needed to be 16 beams holding the Center Ring in place, there were only 8. 

Shelly Hall inquired how the budget for a "Design and Build" concept is determined. Ed Kennedy replied it is based on the Industry Standard for Montana. The Center Ring issue has been resolved there will be 16 beams to hold the Ring. Shelly Hall stated a full plan should be submitted to the inspector. Ed Kennedy stated there will be "as build" plans circulated to the Inspector and Facilities Director. Iliff Kipp Sr. stated there should be regular meeting scheduled with all parties involved in the project. 

Ed Kennedy stated the RV section is ready to go, the gravel is set, and there will be 44 units. 

• Page 3, January 30, 2023, Special Session

Arbor Project (closed session): Donna YellowOwl, Blackfeet Facilities Director, Ed Kennedy, Contractor, Michael Gervais, Engineer, Carl Kipp, Inspector, Trish Kuka, Blackfeet Procurement Department Director, and Tyson Running Wolf, Ed Kennedy & Associates were present at the meeting. 

Tyson Running Wolf stated the cost to fix the Center Ring was $12,000.00, paid by the Contractor. The electrical, plumbing, and sewer are ready for the "Bump-Outs" and the Construction Team is awaiting a decision on the "Bump-Outs," a competent inspector on site, an overview of the timeline. The project was budgeted for a 40,000-square-foot building at $9.4 million, Ed Kennedy & Associates will provide the BTBC with a finalized conceptual design plan for the Arbor. The additional "Bump-Outs" will need a Change Order for approximately $4.3 million. 

Carl Kipp stated there needs to be a complete set of Plans and Specs formulated to ensure the inspections are completed correctly. The Center Ring placement wasn't done correctly and it needed to be taken down.

Michael Gervais stated the Engineer fee is 4%, and the drawing were limited in Scope, that is why the "Design and Build" method has been used. 

Trish Kuka stated "Design and Build" is not transparent in regards to funding. The project was not bid, it was Sole Source and a huge amount of money. The procurement department does not have any documentation for this project. There is no copy of insurance or workman's comp. The plan for the building should have included the "Bump-Outs." A group has not been appointed to approve changes to the construction. Trish Kuka stated she never thought it was a good idea for the Sole Source Contract for such a big project. There is no plan, so the BTBC didn't know what to expect for costs and deliverables. Lauren Monroe Jr. stated the funds were allocated from the CARES Act fund, there was a time limit on the construction, and the initial intent wasn't to Sole Source. 

Establishing the Arbor Project Committee (closed session): Patrick Armstrong Jr. made a motion by resolution {#254-2023} to appoint the following BTBC Members to the Arbor Project Committee; Patrick Armstrong Jr., Shelly Hall, Timothy Davis, and Everett Armstrong. Second by Shelly Hall. Motion carried unanimously. (7)

Arbor Project Inspector/ Carl Kipp (closed session): Patrick Armstrong Jr. made a motion to approve Carl Kipp, Tribal Inspector, as the Inspector for the Arbor project. Second by Lauren Monroe Jr. Motion carried unanimously. (8) Excerpt {#E2023-70}

• Page 1, February 13, 2023, Special Session

Arbor Project (closed session): Donna YellowOwl, Facilities Department Director; Ed Kennedy, Contractor; John Monroe, Ed Kennedy Associate;  Joe Gervais, Treasure; Carl Kipp, Tribal Inspector; Shawn Schildt, Ed Kennedy Associate; Michael Gervais, Architect; and Josh Bird, Property Manager, were present at the meeting. 

Donna YellowOwl stated there was a construction meeting held to discuss the expenses. The initial construction budget for the Arbor was $8,926,018, $6,421,330 has been expended, and the remaining budget is $2,504,688. The initial Architect budget was $335,220, $250,326.80 has been expended, and the remaining budget is $84,893.20. The initial Architect budget was $335,220, $250,326.80 has been expended, and the remaining budget is $84,893.20. 

The water, electrical, and sewer systems have been put in the structure, and a Progress Report was submitted to the BTBC. 

Chairman Iliff Kipp Sr. inquired if the RV Park was included in the initial budget. Donna YellowOwl replied yes, there is also 18 showers (2 being handicapped accessible).

Donna YellowOwl stated the project is at a standstill, a decision will need to be made by the BTBC on Change Order #2 for the two (2) "Bump-Outs" in the amount of $4,377,400. Virgil Last Star stated the BTBC will need to discuss the Change Order with the Treasure. Joe Gervais [continued to page 2] stated there will be different avenues explored to fund the Change Order. Patrick Armstrong Jr. inquired if the Tribe could use a loan to cover the cost. Joe Gervais stated he discussed the issue with Stockman Bank, there will need to be an earmark from the Interest Income from the $40 Million Investment. The structure of the Loan will be submitted to the BTBC on February 15, 2023. 

• Page 1, March 16, 2023, Special Session

Arbor Bump-Outs (closed session): Timothy Davis made a motion by resolution to approve Ed Kennedy & Associates to process with the initial design of the Arbor without the two "Bump-Outs," but to plan for the construction of the two "Bump-Outs." Further, the BTBC directs the Construction Working Group to provide an Architect Design and Cost Estimate for the two (2) "Bump-Outs." Once the design and estimate are received the Project will be Bid Out (per Procurement Policy). Second by Patrick Armstrong Jr. Motion carried unanimously. (6) Excerpt {E2023-101-} {Note: the Legal Department will draft the Resolution.}

• Page 1, March 15, 2023

NAID Arbor (closed session): Donna YellowOwl updated the BTBC on completed inspections of the project.

Donna YellowOwl, stated there is a request from Ed Kennedy for a Change Order in the amount of $1,149,919.00 for the work completed on the additional 1,999 square feet. 

It was the consensus of the BTBC to Table the request until the Engineer presents on the additional square feet. 

• Page 5, March 15, 2023, Special Session

NAID Arbor (closed session): Donna YellowOwl, Facilities Director, and Michael Gervais, Architect, were present at the meeting.

Michael Gervais stated this is the Final Design for the Arbor and there will only need to be labels and dimensions added.

Approving the NAID Arbor design with two bump-outs (closed session): Patrick Armstrong Jr. made a motion by resolution to approve the NAID Arbor Design with two Bump-Outs. Second by Lauren Monroe Jr. Motion carried unanimously. (6) {Note: the Legal Department will draft the Resolution}

NAID Arbor Contract/Ed Kennedy (closed session): Michael Gervais stated there is a request for a Change Order for the additional 1,999 square ft. Dawn Gray, Tribal Attorney, stated there will need to be approval for the Original Budget and Change Order for the additional square feet.

Patrick Armstrong Jr. made a motion by resolution to approve the Construction Contract with Ed Kennedy with the Original Budget and Additional 1,999 Square Feet. 

Dawn Gray state the additional square footage is due to the Center Pole being removed and the first Change Order was due to the Excise and TERO Tax not being included in the Original Action approved under Resolution No. 36-2022 entitled "Amending Resolution No. 565-2021 Authorizing Blackfeet American Rescue Plan Act (ARPA) Funds for the Construction Multipurpose Building to Include the Tribal Excise Tax."

Dawn Gray requested the BTBC TABLE the Action until the final Budget is submitted by the Construction Working Group. 

Patrick Armstrong Jr. WITHDREW his motion.

• Page 1, March 27, 2023, Special Session

NAID Arbor Budget (closed session): Donna YellowOwl, Facilities Director, Joe Gervais, Treasurer, and Dawn Gray, Tribal Attorney, were present at the meeting. 

Donna YellowOwl stated the Final Budget was discussed and has been presented to the BTBC. The original budget was $9,261,238. The new budget is $10,164,357, without TERO Excise Tax. The budget was approved by the Architect, a Justification has been submitted by the Contractor, and there is a request to approve the final budget.

It was the consensus of the BTBC to TABLE the items until discussions are held with the Engineer.

RV Location/NAID Campground (closed session): Discussion. No action. 

• Page 2, March 30, 2023, Special Session

NAID Arbor Budget (closed session): Donna YellowOwl, Facilities Director, Debra Davis, Finance Director, and Dawn Gray, Tribal Attorney, were present at the meeting.

Donna YellowOwl stated the Final Budget was submitted which included the additional 1,999 square footage. The Final Budget is $10,164,357.00. There is an additional $1,485,138 to be approved by the BTBC and added to the original budget of $8,926,018.00.

The BTBC requested a complete breakdown for the budget and a Local Inspector to be hired for the Project.

The Blackfeet Tribal Business Council has stopped allowing Enrolled Tribal Members from accessing the BTBC Minutes. The General Council Meeting was aired on Siyeh Communications YouTube Channel.