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MINUTES/PUBLIC SERVICE COMMITTEE
Tuesday, July 28, 1998 - 5:00 p.m.

Members present: Hafner, Klave, Lucke, Lunak.

Several items were added to the agenda: request for alley paving, and items 1 e) and 1 f) truck bid and trucks for street department.

1. Matter of bids for equipment:
a) landfill compactor
Todd Feland, asst. dir. of public works, reported they bid landfill compactor, that the compactor was bid last year and there were some controversies about procedures - using qualita-tive point system as well as low bid (Bomag and Caterpillar) and due to controversy and confusion on bid process, they rebid the equipment. He reported they eliminated qualitative point system and included a five-year buy-back average so find out how much manufacturer is willing to stand behind their particular machine, and trade-in of Caterpil-lar machine. After review of the bids they recommended Butler Machinery bid in the amount of $263,104 as they provided a buy back average as other bidders did not do that.

Klave reported present.

Mr. Feland reported they also included monthly maint. agreement and a deduct for manufacturer's wheels and after review of the bids they recommended acceptance of the Butler Machinery bid since they met all qualifications asked for in bid specs., and are asking to go with monthly maint. agreement f-or five years at $1,004.00 which would come out of Sanitation Department's line item budget for maintenance.

Mr. Feland reported Option B was deduct for manufacturer's wheels, that they specified the cairn wheel with pin-on teeth and also allowed them to bid their manufactured wheel; that Mr. Newman decided after talking to other professionals to go with standard wheels. He reported that Mr. Newman is also asking to retain the trade-in machine because of landfill work and increase in debris.

Mr. Feland reported that the wire and debris was not getting wrapped around teeth or wheels themselves, but actually around the axles and insides of the wheels, and with this partic-ular Cat. machine there are wire cutters that are bid with that machine and are meant of cutting of debris in the axle, and has taken care of lot of the problems.

Doug Benson, Krider Equipment, stated the reason high bid at end of five-years is they put 100% maintenance on that machine without any exceptions, asked they look at complete bid and then analysis that and see what exceptions are at end of 1, 2, 3, 4 and 5 years, doesn't believe the City ever turned machine back

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from landfill after 5 years. He stated that the only thing City does is to check fluids and fill if low, otherwise they main-tain that machine, Bomag has automatic louvers on that machine and City would save one hour every day to lube that machine compared to Caterpillar machine.

Mr. Feland reported that when designed specs., said that price of the compactor will be included and the 5-year average of guaran-teed buy-back, and may or may not include options. Dick Newman reported that Butler has 100% maintenance agreement, except for glass breakage and every-day fluids.

Lucke stated that write specs which in case of buy-back doesn't have much economic validity, but trade-in is trying to make a decision as to which machine to buy, and then not trade it in; should have plan that mirrors what going to do as well as what do with machine, that if keep machine for 10 years, buy-back at end of 5 years doesn't have any significance, and has concern with whole process.

Moved by Klave and Hafner to accept the bid of Butler Machinery with Options A and B, and to allow Sanitation to retain ownership of current machine.

Tom Hagness, 1423 11th Avenue South, stated that the Bomag is only machine designed for the landfill, that staff recommended the Caterpillar equipment, and by motion not getting best piece of equipment. Hafner stated they have gone through process second time, spent more time on this particular subject than other items, and that found out some new information about what's causing machine to get entan-gled and recommendation of staff is that they can handle that and that Butler machine is adequate to do that, should take management's recommendation.

Upon call for the motion, Klave and Hafner voted for the motion; Lucke and Lunak voted against the motion.

b) heavy-duty trucks
Mr. Feland reviewed bids for side load collection system, compactor and con-tainers, and have brought in a 90-gal. contain-er. He reported that Hall Truck Center bid low bid for heavy duty tandem axle and heavy duty single axle at $383,998 and recommend to go with that bid.

Moved by Klave and Lunak to accept the bid of Hall Truck Center in the amount of $383,998.00 for five trucks, including option. Motion carried.

c) automatic sideload compactors
Mr. Feland and Mr. Newman reviewed bids, that McNeilus Truck low bidder of $229,820 but not compatible with bid specs. Mr.

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Newman reported recommending Sanitation Products because of trade-in value for the truck lot higher than what McNeilus bid which makes Sanitation Products cheaper. He stated they are asking that on truck No. 2 they trade in packer only and keep truck and put dump box on it for use at landfill for hauling dirt and sludge.

Moved by Klave and Hafner to approve bid of Sanitation Products
for 27-yard side load compactor and spare parts at $231,821.26, and for 20-yard compactor, $63,454.26 less $7,011.36 for spare parts; and accepted prices of used units, for a total bid of $181,264.16. Motion carried.

d) containers for sideload trucks
Mr. Feland reviewed bids, that AmeriKart Corp. low bidder but did not meet specs. and recommended accepting bid of Roto Indus-tries.

Moved by Klave and Lunak to accept the bid of Roto Industries for 11,900 90-gal. containers at total price of $618,205, and 120 300 gal. containers at total price of $21,330, for combined total price of $639,535. Motion carried.

Mr. Feland reviewed Memo. re. side-load truck collection system conver-sion costs with 5 trucks bid and trade-ins, container conversion costs, with total conversion costs of $1,143,968 and total budget of $1,115,000 for est. total conversion costs over budget by $28,968. He stated they over-estimated trade-ins, and other items on budget, and reviewed conversion payback. He stated with attrition of 5 employees because of change in side-load conversion, the person-nel savings begins in 1999 and full-blown in year 2000, and savings continue, with buy-back 7 years. Info.

e) Gary Goetz, Wastewater Department
Mr. Goetz reviewed bids for bucket machine, only 1 bidder, Sanitation Products, $37,771.00 and recommended award. Moved by Klave and Lunak to accept the bid. Motion carried.

Mr. Goetz reported that second bid was truck with crane and truck body; that have discrepancy on bid from Utility Equipment Co., failed to submit bid on appropriate forms supplied by the City, received no signed bid, and recommended going with Dakotah Truck Equipment. Moved by Klave and Lunak to return the bid of Utility Equipment Co. Motion carried. Moved by Klave and Lunak to accept the bid of Dakotah Truck Equip. in the amount of $20,016. Motion carried.

Mr. Goetz reported that Rydell Chevrolet was low bidder for 1 ton truck and recom-mended award of that bid in the amount of $21,494. Moved by Klave and Lunak to accept the bid. Motion car-ried.


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f) Trucks for Street Department. Mr. Feland reported that
when proposed to bid that the Street Dept. may be able to pur-chase 3 of the Sanitation trucks for $55,000 for use during heavy times of year, ie., snow removal and during leaf pickup, etc. and would need box and hoists because would be increasing trucks by two, and is asking that it be included in the 1999 budget if concur; Mr. Schmis-ek had suggested taking out of general fund cash carryover this year even though unable to purchase truck this year because of implementation occurring with side-load trucks and carry over into budget for next year but to take from general fund cash carry-over. Moved by Klave and Lunak to approve $39,000 with under-standing that it will come out of the general fund cash carry over. Motion carried.

9. Matter of land swap - wastewater/stormwater yard west of pro-
posed levee (Residual Materials). Chuck Grotte, asst. dir. of public works, reported this was discussed earlier at finance today and their recommendation was to send back to staff to work out details. He stated they weren't opposed to the land swap; that he received call from Phil Harmeson, Residual Materials, re. swapping land that the City would have left at wastewater yard that would be on dry side of the levee with some property that Residual Materials, Inc. owns farther north of Mill Road that City has been using for several years as snow dump and seemed like reasonable swap; however, fire department had not been contacted and they have concerns because of fire tower located at that location. He stated they do have some forcemains and watermains running through the property where would need to retain easements, and those are issues need to discuss and work out. He stated they would recommend doing as finance comm. recommended to research; RMI isn't in a bid hurry but is something they would like to pursue; wastewater will stay at their site for another year.

Pete O'Neill, dep. fire chief, stated they weren't aware until yesterday, that this is their training tower site and if lose that site with no other alternate site, could drop from ISO rating from 3 to 4 which would impact lot of business insurance costs. He stated they utilize site, would have to have something to replace, and will try to work with them. He stated that in CIP in couple years looking at upgrading training facilities and maybe this would give opportunity to tie that to an upgrade. He stated that they are not opposed to site, however, it is farther north and out of response areas, they stay in service while at the training site; that have live burns so have to be careful where go, and natural gas pit where burn; and limited areas where they can go, and will work with it and be positive with it.

Phil Harmeson, RMI, stated they were here to pose issue and look for positive direction from both committees, but if look at their MINUTES/PUBLIC SERVICE COMMITTEE
July 28, 1998 - Page 5

proposal more than willing to work with fire department so by no means is City put in any kind of exposure to increase risk, etc. but opportunity for the City to put land back on the tax rolls at increased appraised value that will pay for itself over the years, and have time to work for the City. He stated that where the proposed dike line is basically precludes RMI from back access from their land, and City has used that property for snow removal at no charge and hoping City would give positive direc-tion to city engineer's office and city attorney to work out details.

Moved by Lunak and Klave to send the matter back to staff. Motion carried.

2. Matter of alleyway and utility easement for rehab. of South
Junior High School.
Jeanne Kelsey, MetroPlains Development, St. Paul, asked that the alleyway for South Jr. High runs where they have proposed garage location, and asked that alley be moved south of that; that in working with Ray LeClerc the recommendation is for them to bring forward that if do an as-like exchange because City has deed to this alleyway and would like to do quick claim deed and give City new 20 ft. by 140 ft. of this property and call it an even exchange with the City. Mr. Swanson stated parcels are similar and assuming council finds value of parcels are similar could authorize as-like exchange, but didn't know if restricted covenants that may be attached to the deed. Ray LeClerc reported that at last meeting were looking at exchanging a quit claim deed from city and receiving alleyway and utility easement from them, and Mr. Swanson questioned whether like-kind exchange, that reason they went the easement route was that to transfer part of a lot have to go through replattng process and since then MetroPlains has agreed to replat the property so can create a lot where new alley is and would be exchanging same amount of proper-ty and given same types of deeds, replat will be going to Plan-ning Comm. at its next meeting.

Mr. Vein reported concerns would be continuous maintenance of the alleyway, because garages on one side and development on other, and looking more at possi-bility of having that an access easement vs. a dedicated R/W that the City owns; City not interested in owning that lot, rather have proper-ty owners do with access easement through there from on-going maintenance. He stated typically they don't maintain alleys but do snow removal; almost running through private property and perhaps eliminating that alley and giving City easement and could handle as part of the platting. Mr. LeClerc reported that the issue came up if do that, the alley giving up is worth more than $2500 and would have to put up for public bid and trying to avoid, and suggested entering into agreement with MetroPlains to maintain alleyway. Ms. Kelsey agreed that could be worked out.

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Moved by Lucke and Lunak to approve exchange that it will be a
like exchange, quit claim deed for quit claim deed and enter into agreement with them that they will do snow maintenance on the alleyway, pending review and approval by the city attorney re. potential easements. Motion carried.

3. Matter of temporary construction easement.
Mr. LeClerc reported this is southend drainway part of Phase 2, consideration amount was incorporated into appraisal that Botsford Rice had done for the City along with other property, owners have consented to the temporary easement based upon that consideration fee, $1500.00 and recommending accepting easement for one year. (Willard and Mary Baird own property). Moved by Lucke and Lunak to approve and accept easement. Motionc ar-ried.
4. Matter of lease agreement with Wireless Alliance, LLC for installation of communication antennas and dishes on Cox's water tower.
Mr. LeClerc reported that after flood, August 11, 1997, City entered into agreement with Wireless North to put antennas and dishes on couple water towers (Cox's) and that agreement approved and they are now occupying that tower; that it was an non-exclu-sive easement and reserved right to lease out additional space for other communication companies. He stated they have request from Wireless Alliance to put antennas and dishes on tower as well, and they patterned their lease after existing lease with some modifications, that he submitted to Mr. Swanson but doesn't know if he's had chance to review. He reported amount of con-sideration $7800/year and clause for options (10 year agreement with extension of two additional 5-year periods with increments). There was some discussion re. value of use of towers, Mr. LeClerc stated they used same fee as used in Fargo. Hafner questioned if others interested in this space as well and whether City getting proper amount of money. A rep. of Wireless Alliance stated that in industry seeing $300 to $400 for bare land and would have cost of tower structure, and can range on type of tower built, hasn't run comparable numbers but comparable in that time period. It was noted that they would be 4th carri-er; that they have towers in Duluth and paying similar rate. The matter of aesthetics was also brought up, and whether antennas/dishes determent to mainte-nance of tower, etc. Mr. LeClerc reported that the Planning Office is looking at independent communication towers in general throughout the city and locations, conditions, etc.

Moved by Lucke and Klave to approve the agreement subject to review and approval by the city attorney. Motion carried.

5. Matter of engineer and surveyor selection for In-Kind Service Projects related to the permanent flood protection project. Mr. Grotte reported that the selection committee had reviewed procedures for four different types of work: 1) sewer lift

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station/pumping station, 2) underground utilities, 3) street modifications and 4) surveying, tabulated results and recom-mendation was as follows: 1) Greater Forks Engineering Group, 2) Greater Forks Engineering Group, 3) KBM, Inc., and 4) Greater Forks Eng. Group. He reported these are long term type things connected with flood protection project and going on for several years and may not initiate contracts right away, but wanted to get in hand and will have some siting issues they will need to address in early design and need to start some of the process in the next several months.

Moved by Lucke to award selection of engineers as follows: sewer lift station/pumping station to Greater Forks Engineering Group; underground utilities to Greater Forks Engineering Group; street modifications to KBM, Inc. and surveying to Widseth Smith Nolti-ng. Lunak seconded the motion.

Lucke, committee's rep. on selection committee, stated this is a new firm in town, their credentials are excellent and are well qualified to do survey work. Mr. Grotte stated he agreed with Mr. Lucke on scoring sheet, but there were 5 people on committee and others thought other firm more qualified. Mr. Grotte stated this may be smallest line item of work but essen-tially the work under the surveying is all professi-onal fees which they are est. at half million dollars, where prices based on construction fees.
Mr. Grasser reported there maybe some overlap between surveying and other activities on other projects, and some advantages in being commonality between surveying, that this is well qualified firm but CPS out of Greater Forks Eng. has done vast majority of surveying in town and very familiar with local monuments, and out of town firm wouldn't have privilege of having. He stated that as new firm in town may want to look at giving somebody some work, that all are well qualified firms and thought perhaps street portion more so than surveying. Mr. Grotte stated his position is to go with committee preference.

Upon call for the question, Lucke and Lunak voted in favor of motion, and Klave and Hafner voted against the motion.

The committee voted on each section separately.

Klave moved to select the firm of Greater Forks Engineering Group for sewer lift/pumping station, underground utilities and KBM, Inc. for street modifications. Lunak seconded the motion. Motion carried.

Klave moved to select the firm of Greater Forks Engineering Group for surveying; Hafner seconded the motion. Klave and Hafner voted in favor of the motion; Lucke and Lunak voted against the motion. The matter will go to council with split vote.

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6. Matter of architect and engineer selection for public works
facility renovation and alteration, Proj. 4822.
Mr. Grotte reported he had submitted letter re. selection of architect for the renovation and alteration of public works facility, and recommended to go with Johnson Laffen Architects. He reported they would negotiate a contract with architect and bring back to committee. Moved by Lucke to authorize selection of Widseth Smith Nolting for the project; Lunak seconded the motion. Lucke stated selection group had 3 number one votes for this project and recommended firm had 5 two votes. Mr. Grotte recommended going with selection committee's recommendation. Upon call for question, Lucke and Lunak voted for the motion; Klave and Hafner voted against the motion.

7. Matter of Amendment No. 1 to engineering agreement with KBM, Inc. on Wastewater Treatment Plant design, City Proj. 4371. Mr. Grotte reported letter from KBM re. amendment proposed with total cost of $165,592.24 re. additional soil evaluations for deep foundations, staking, cost associated with soil borings, consultant design work re. to foundation design, construction management, increase in design capacity, etc. and recommendation is to approve Amendment No. 1 in the aforestated amount. Mr. Grotte reported that originally started as $13.5 Million project and now because of decision made by council going from 30,000 BOD to 40,000 BOD plant and increased size of the facility and coming out of $21 Million facility looking at. Moved by Klave and Lunak to approve Amendment No. 1 in the amount of $165,592.24. Motion carried.

8. Matter of engineering agreement for Wastewater Treatment Plant, construction, City Proj. 4371.
Mr. Grotte reported there was letter included re. construc-tion services that KBM would be providing for the plant and will be providing on-site observation and coordination and several construction contracts as well as $9 Million equipment contract that was awarded recently, and already awarded contract for putting in access road and some fencing and several additional contracts, and they will coordinate and oversee construction, total for this agreement $1,338,347.01, hourly to max contract. Moved by Klave and Lunak to authorize entering into the agreement with KBM, Inc. in an hourly amount, not to exceed $1,338,347.01. Motion car-ried.

10. Matter of preliminary report for funding of sewer repairs.
Tom Hanson, WFW, reported this summarizes where at, showing extent of flood in wastewater system that was exposed to that flooding, 1.3 million ft. of sanitary and storm sewer exposed to this and working with FEMA to restore wastewater system; have enough info. on Area 2 to make some projections, working with standards established during the sewer separation and rehab. projects; that system had been maintained that asking them to

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repair. He reported that the Corps prepared a report prior to starting cleaning process that documented types of damages and using that with FEMA for what's flood damage and what isn't. He reported they detailed type of repairs done to pipe and manholes and the dollars shown for Area 2, sanitary system essentially complete and approving plans and specs. later tonight, and bidding this work where no dig technologies and do short pieces and full block repairs without digging up sewer. He stated FEMA wants to pay for absolute essential things where cheaper for contractor to do full block allowing option to bid full block repair rather than short pieces, and where allow short pieces allow him to bid full block because only costs $1,000 to line whole block instead of third of block. He stated that total dollars of City share, projecting without all detail in other three areas, and local share of restoration will be about $7.215 million. Hafner stated that soon they will be considering the disposition and remainder of block grant funds and this is important issue because when FEMA willing to pay the lion's share of these costs, important that City have funding mechanisms in place, and don't want to miss opportunity. Mr. Hanson stated that not doing things that are City's share and doing things that are FEMA's will have significant impact on our credibility and possibly FEMA funding.

Mr. Grasser reported that State is picking up portion that FEMA not picking up, and whether assuming that State is going to continue to pick the local share. Mr. Hanson stated normally there is 80-10-10% but because of size of the disaster City qualified for a 90% FEMA and State made a commitment to pickup the other 10%, and City not matching any of the FEMA funds, and if that changed would have to have another 10%. Mr. Hanson has put together an est. City cost to cover things that FEMA won't of $7 Million and if State comes back and not going to continue covering local share of FEMA dollars, going to have another 10% to cover, or another $3 Million. Mr. Vein stated that is going to continue, hasn't heard any discussion that not continue.

Mr. Vein stated that purpose of report is to foresee as future costs, and most significant when looking at potential of $35 Million worth of total sewer repairs, and significant impact to infrastructure system and have lot of other infrastructure needs also. There was some discussion at last council meeting that the last $17 Million was available for other uses and cautioned committee on that philosophy, maybe need to take closer look at that and there's significant amount of funds in remaining portion that has not been allocated for City to spend at this time, only proposed, and reason in proposed category is because didn't have these figures and still estimates but gives basis of how to look to the future, and going to be short of funds needed on city-wide infrastructure repair. He stated he would like to see moving some of that money from recommended to the approved even if

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project not approved.

Mr. Hanson reported that construction not started on Area 2; storm sewer follow about 3 weeks behind, and next area is Area 4 which is south of 24th Avenue South.

Mr. Grasser stated if approve project, need to approve funding also, can do now or wait for plans and specs. Mr. Hanson report-ed that plans and specs. for all of this done by March or April; and it was noted that they have another year to spend money once bid. Mr. Vein reported he hasn't discussed with finance depart-ment where money would come from for these things, either through utility fund through increased rates, existing infrastructure portion of sales tax, but most areas already allocated for the future and this would be on top of what know today and involve reallocation of other projects/funds and need to look at with finance department. He stated this has been in recommended category of cost matrix but not discussed when move to the approved; possibly between now and next council meeting because need some moved now if proceed with project. Mr. Grasser stated that some of these dollars programmed into CIP; Mr. Hanson reported that FEMA will take any CIP monies scheduled and take those off their share.

Moved by Klave and Hafner to allocate $7.215 out of CDBG funds for sanitary and storm sewer restoration, and be referred to Flood Response.

Hafner stated concern that not sending clear signal to council that there's importance to fix infrastructure, and if don't have unified motion then be in trouble when get to full council; that when use CDBG funds for repair of infrastructure it helps every-body in Grand Forks, and something face in the future if don't fix these things and don't utilize FEMA funds, take out of our pockets in the future. Mr. Grasser stated he will make sure every council member gets copy of that and *assumes that State is going to continue the whole City share.

Lucke stated it seems presumptuous to jump to front of line for this extra million dollars without debate and prioritization of that, and if have to find another million someplace else, that can be done, not with CDBG monies; agrees with $6.2 to approved areas, but not $7.2 Million.

Klave and Hafner amended motion to allow $6.2 Million out of CDBG funds and $1.1 Million be considered for sanitary and storm sewer restoration and to refer to Flood Response Committee. Motion carried.

11. Matter of agreements for eng. services (study and report), Proj. 4806, pave Mill Road (Gateway to Highway 81).

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Hugh Veit, KBM, Inc., stated that KBM had significant damage during the flood, took $1.5 Million in damage and thanked this committee and individuals in the city that have supported KBM in their projects, and much appreciated, and they are on their way back.

Mr. Veit reported this agreement is for prelim. study of Mill Road and is funded through Emergency Funding through DOT and City now wants to look at three other alternatives, being bituminous replacement, concrete replacement and going total urban section, and created contract to evaluate that and give direction before going into contract with DOT, agreement limit of $11,899
and hourly rate and expense schedule that will apply to the project. Moved by Lucke and Lunak to approve agreement in an amount of $11,899.00. Motion carried.

It was reported that the City has about $725,000 of federal funding on this, 80-20% split for simple repair but potential to apply money to do right and will look at that.

Mr. Grasser reported they got ER money on four projects: Belmont Rd., downtown area, Mill Road and 42nd Street, and have also addressed some CDBG money to help pay the City match of ER funds; he stated they have had number of inquiries from local property owners that there seems to be fair amount of interest in going to full urban section and put info. together for costs and potential special assessments so make decision about which is right way, because can apply ER funds to more extensive project with local entity picking up remaining share, whether specials or CDBG money.

12. Matter of amendments to engineering service agreements for
various projects:
a) Amendment No. 1, Advanced Engineering, Proj. 4748, eng.
assistance for Downtown Development Commission.
Lisa Johnson, civil eng. with Advanced Eng., presented amendment for engineering liaison for DDC in connection with redevelopment of the downtown business district; contract has an eff. date of January 5, 1998, includes various services as listed, and largest part of contract was infrastructure evalua-tion, watermains are in critical conditions, and existing con-tract is hourly not to exceed $30,000 which was best guess back in January as no one sure what their involvement was going to be, that they are now close to end of max. contract amount and are proposing to increase the contract amount to $50,000 so continue services. She stated that the second part of the amendment
is for rendering engineering and surveying services in connection with specific projects requested by city engineering department and/or office of urban development, and that will be $50,000 as stated, with monies to come from the $2.8 Million already allo-cat-ed to the DDC for Downtown Beautification Projects. She

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stated that DDC has requested A/E services for three projects: parking lot design and storm sewer design at 3rd and 1st, to do survey for the pocket park in same location, and assist architect in tech. aspects like streetscape as these projects are maturing from conceptual status to design/construction status.

Mr. Grasser reported that when DDC put together that City staff not able to attend meetings and provide services to DDC, that at time first contract put together scope was totally undefined, DDC has elected to have weekly meetings and have had A/E do work at their request; when put last cost matrix together did move $50,000 into CDBG and suggested that's what $50,000 was for and should carry through 1998 and into 1999, but addi-tion-al dollars needed, and driving is requests from DDC and would like to carry in two motions: first, to do the DDC liaison activities and infrastructure coordination, and approving $50,000 at CDBG funding as shown in approved category of the existing cost matrix.

Gary Christian stated first part is things they have questions on, and would normally go to engineering office and ask for help, they don't have capability of providing that staff and that's what A/E playing in that part; separate $50,000 is if DDC goes to special project, parking lot, there will be eng. elements in any of those projects, and would like to amend their contract so can use A/E services on those specific projects in a timely manner. He stated they would come back with specific projects where would like eng. assistance (parking lot and park, and streetscape), and DDC intends to use some of that $2.8 Million to target specific streets (3rd Street replacement when roof comes off mall), and would like to be done in manner consistent with downtown street-scape. Under normal circumstances, city engineering would have done, and hiring consultants to do as don't have City staff available; that A/E was selected through selection process last summer to do coordination for DDC and infrastructure activities in downtown area.

Moved by Klave and Lunak for approval of $50,000 for CDBG Project No. 6748 utilizing CDBG funds to come out of $2.8 Million; Lunak seconded the motion.

Moved by Klave and Lunak to amend original contract to increase engineering fees from $30,000 to $50,000 because of change in scope of project previ-ously approved by Flood Response Comm. Motion carried.

16. Matter of consideration of const. bids for various projects: c) Proj. 4498, Dist. 555, paving 6th Ave.N. (53rd-55th Sts.)
Council Member Bouley reported that when petition circulated for this project, the rough est. was much lower and when bids came in, incredibly high, and asked if this can be held for

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couple weeks for further consideration; there is 50-50 protest. She stated costs would be incredible hardship on neighborhood if goes through. (low bidder Valley Contracting in the amount of $56,212.00)

A resident of the district stated his property worth $30,000 and he would pay for 25% of the cost and won't bring up value of his property by $18,000 being assessed; that his neighbor across from him is handicapped and has one and one-half lots. He stated he has job prospect out of state and is selling his property but would-n't sell if this goes through. It was noted that some owners want project to go through.

It was noted that protest will go to council at its next meeting, and committee has choice of holding bid (have up to 30 days to hold bid) or making recom-mendation for award. It was noted that protest period expires July 30; Mr. Swanson advised that commit-tee has no authority to extend the protest period, council could. Mr. Swanson stated there are two ways for project not to be done, first is majori-ty of property owners in area within district protesting project and council cannot proceed with the project; secondly, even without majority protest the council decides not to do project, if council decides to do project and not a majori-ty protesting, could do project and special assess. Mr. Swanson stated statute doesn't define majority, so majority would be anything more than 50%. Mr. Bushy stated protest based on sq. footage is 50-50% Mr. Swanson also stated that anyone who signed initial petition which is not binding petition and wishes to protest can do so.

Because this will be finalized at next meeting, it was moved by Klave and Lunak to accept the low bid of Valley Contracting Company in the amount of $56,212.00, subject to final protest. Motion carried.

Klave excused.

12. b) Amendment No. 3, WFW (const. adm.), Proj. 4661, sanitary
sewer on S. 34th St. (32nd Ave.S. to Pump Sta.#-38)
Mr. Hanson reported this is construction phase eng. services. Moved by Lucke and Lunak to approve Amendment No. 3 to the eng. contract in an amount of $34,635.00. Motion carried.

c) Amendment No. 1, WFW (const. adm.), Proj. 4752 and 4753,
Rehab. Sanitary Pump Stations #9 and #11.
Mr. Hanson reported this is same process. Moved by Lucke and Lunak to approve Amendment No. 1 to the engineering contract in an amount of $27,277.00. Motion carried.

Klave reported back.


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13. Matter of creating special assessment district for Proj.
4669.3, Dist. 386.3, Southend Drainway, Phase 2B
Jay Bushy, project eng., reported this is Phase 2B of drainw-ay which will complete drainway from 47th Ave.S. north one-half mile and west 2 l/2 miles to Interstate. Mr. Grasser stated they will defer special assessments until storm sewer comes in. Moved by Klave and Lunak to adopt resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Motion carried.

14. Matter of CDBG engineer's report for various projects:
a) Proj. 4848, Pump Station #39
b) Proj. 4849, Pump Station #40
c) Proj. 4850, Pump Station #41
d) Proj. 4851, Sanitary Forcemain @ Pump Sta. 39
e) Proj. 4852, Sanitary Forcemain @ Pump Sta. 41
f) Proj. 4853, Sanitary Forcemain @ Pump Sta. 40
g) Proj. 4854, San. Forcemain on Col.Rd (17th-24th Ave.S.)
h) Proj. 4843, Watermain on S. Wash. (47th-62nd Ave.S.)
i) Proj. 4844, Storm Sewer on S. 20th (36th-40th Ave.S.)
j) Proj. 4845, Storm Sewer on S. 34th (36th-40th Ave.S.)
k) Proj. 4846, Storm Sewer on 40th Ave.S. (Wash.St. to
Southend Drainway)
Lon Aune, representing Greater Forks Engineering Group, this is listing of projects that were approved for design services, and this is to receive engineer's report. Mr. Grasser reported that estimates on these reports are substantially higher in some categories than originally budgeted, that this is part of $15 Million approved, but committee needs to be aware of need for another $1.5 Million in southend development or cut back on original scope of projects on southend, and need to evaluate. He reported they have forcemain on Columbia Road that ended up being much more extensive, wasn't sufficiently addressed in our earlier project #4854, which is close to $1 Million project and was included in cost matrix.

Moved by Klave and Lucke to approve engineer's report. Motion carried.

15. Matter of plans and specifications for various projects:
a) Proj. 4838, Dist. 399, San.Sewer on S. 20th St. (40th
to 47th Aves.S.)
Mark Lambrecht, CPS, reported this will run from new lift station south of Wal-Mart and Sam's Club and serve school and Ulland Park area. Moved by Lunak and Klave that we pass a resolution approving the plans and specifications for this construction and further that the city Auditor be directed to advertise for bids on the project. Motion carried.

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b) Proj. 4586, 4587 and 4588, San.Sewer, Watermain and
Storm Sewer in Countryview Addn.
Mr. Aune, CPS, reported this is private development project in Countryview located south of drainway looking at single family subdivision, and are asking for approval of plans and specs. It was reported this had been held because of dike alignment, and Mr. Aune reported they are proposing a temporary turn-around be provided at end of subdivision until get finalized location so can proceed with construction. Mr. Vein stated they had dis-cussed how much development do they want to occur east of Belmont Road until fairly assured that they are protected from a future flood; that Belmont can act as a dike but unless there is protec-tion project available for that specific subdivision; that these lots have been built up, and want to make sure don't buy out lots that just approved for development; that will come up tomorrow for public review and can approve this and if conflict at council bring back to committee. It was suggested they could approve contingent upon engineer's final review and they will take into consideration final dike line.

Moved by Klave and Lunak to approve plans and specifications, contingent upon engineer's final review. Motion carried.

c) Proj. 4719, restore san. and storm sewers Area 2
Mr. Hanson presented plans and specs. to provide information contractors need to bid the no-bid process and would bid with both short segments or FEMA minimum, their proposal is to open bids September 2 and bring to committee before council meeting on September 7 and will require as time as can give contractors. He stated they have to work with the process and decide which upgrade segments the City is going to do, and need approval process for that. He stated there was great deal of detail in the specs.

Moved by Klave and Lunak to approve plans and specifications, and authorize call for bids. Motion carried.

16. Matter of consideration of const. bids for various projects:
a) Proj. 4768, Dist. 398, Storm Pump Sta. 84 upgrade
Mr. Hanson reported location at 6th Ave.N. and N. 55th Street by Congressional Subdivision and reviewed tabulation of bids; that one bid was received a late bid from ICS, Inc. He reported lowest bid submitted on Schedule B for separate general and electrical contracts, Wanzek Construction, Inc. was only general contract received at $424,400, and Rick Electric, Inc. was low on the electrical, $103,800, and recommended award.

Moved by Klave and Lunak to return the bid of ICS, Inc. due to the fact that it was received after the designated time. Motion carried.


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Moved by Lunak and Klave to accept the low bids under Schedule B, Wanzek Construction, Inc., general contract, $424,400; and Rick Electric, Inc., electrical contract, $103,800. Motion carried.

b) Proj. 4804, Downtown Watermain Replacement
Charlie Vein, Advanced Engineering, reviewed bids for 4th Street project, watermain replacement from Franklin Avenue to University Avenue, and recommended award to Robert Gibb & Sons, Inc. in the amount of $1,257,814.50. Moved by Lunak and Lucke to award bid as recommended. Motion carried.

Hafner asked if this would interfere with County and Corporate Center construction; Mr. Vein stated this would go down 4th Street and is required to be built this fall, that there are some severe restrictions as far as number of blocks/intersections that can be down at a time; that both buildings have connections to the existing main and will be shut off for period of time and have 2 week period for each individual block.

Keith Johnson, asst. city engineer, reported that they have an offer from BN/SF RR re. license across the railroad on this project, and would be appropriate to authorize the mayor sign that license subject to city attorney's review. Moved by Klave and Lunak to authorize proper city officials to sign the agree-ment and make payment of $1,000 for premium for covering contrac-tor with Railroad's protective insurance. Motion carried.

c) Proj. 4498, Dist. 555, paving 6th Ave.N. (53rd-55th St.)
Mr. Bush reviewed tabulation of bids indicating that Valley Contracting Company is low bidder in the amount of $64,713.80, and recommended award. Moved by Lunak and Klave to accept the low bid of Valley Contracting Company in the amount of $64,713.80. Motion carried.

d) Proj. 4801, Dist. 557, paving Mighty Acres 2nd Addn.
Mr. Bushy reviewed tabulation of bids indicating that Valley Contracting Company us low bidder and recommended award. Moved by Lunak and Klave to accept the low bid of Valley Contracting Company in the amount of $159,544.00. Motion carried.

17. Matter of change orders for various projects:
a) Proj. 4439, San. Pump Sta. #38, Schedule A, C.O. #3
Mr. Hanson reported this is a time extension only for Wanzek Construction because of lack of access road because of R/W issues, and recommended approval. Moved by Lunak and Klave to approve change order to extend completion date of contract to August 31, 1998. Motion carried.

b) Proj. 4654, Lift Sta. Restoration, C.O. #7
Mr. Hanson stated this deals with Pump Station 85 on Fenton Avenue, Hanson Electric of Bemidji, Inc. in the amount of

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$9,256.61 to add relocation of power pole, moving junction boxes high enough to make serviceable during flood. He stated they have negotiated this down significantly (from $17,000). Moved by Lucke and Lunak to approve change order in the amount of $9,256.61, and is CDBG eligible. Motion carried.

c) Proj. 4680, paving Congressional 1, C.O. #3
Mr. Bushy reviewed change order to correct some deficiency on N. 51st Street, that intersections of 8th, 9th and 10th Aves. N. were done incorrect (thickness of pavement greater than what was on plans, one at 7", one is 8-9" and one is 11") and change order worked out between City and Valley Contracting saying that each have 50-50 share in the cost, $7,714.80. It was noted this would create a major speed bump in pavement. Mr. Grasser reported that after long negotiations staff has had with contractor, Valley reported it was brought to the attention of inspector who okayed, and city inspector stated he didn't okay, didn't know how to resolved and negotiated a 50-50 split. Committee stated that if inspector sees something that something wrong, put stop work order on the project immediately until resolved.

After further discussion it was moved by Klave and Lunak to approve change order in the amount of $7,714.80. Motion carried; Lucke voted against the motion.

18. Matter of response from Grand Forks Township re. contribution
re. paving improvements on Columbia Road. Mr. Grasser reviewed history of this item: that discussed paving to middle school several years ago to pave 47th Ave.S. from Washington to entrance of Ulland Park and had opportunity of getting State money with local match, and at that time city planner put together cost sharing mechanism where City, Softball Assn. and Township was to pay share and everyone come through with funding except Township; they asked Township to come in to discuss and Mr. Drees stated Township never agreed to that contribution (wanted to pay for project on Columbia Road), and Mr. Drees stated he would take back to their Board and this is response to that request, and stating they wouldn't make contri-bution.

Moved by Klave and Lunak to receive and file. Moved by Klave and Lunak to receive and file. Motion carried.

19. Matter of reinstatement of suspended ordinances.
Mr. Swanson reviewed ordinances affecting this committee: Chapter XIII, Health and Sanitation, Articles 4, 5 and 6 relate to sanitation department, all are being enforced or administra-tively considered back in force but don't have formal action from the council. Page 3, Chapter XV Waterworks & Sewerage System, Chapter XVI Streets and Sidewalks, and Chapter XIX, Buildings and Building Regulations, and from his understanding all departments

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are in concurrence that those are in a position to be reinstated, if not previously reinstated by the departments; Chapter XIII Health and Sanitation , Article 4 and Chapter XV, Article 1 and 3, and administratively been reinstated. He stated he is trying to create a paper trail so that council has officially reinstated those ordinances. He stated other items will be handled by other committees and Zoning Commission has largest number of issues to address. He stated there is element of discretion invested in all departments, to tend to work things out and negotiate, and this is normal step for normalcy. Bev Collings stated that if reinstated that given warning for certain amount of time for compliance, won't be expected to comply date reinstated.

Moved by Lucke and Lunak to authorize reinstatement of ordinanc-es. Motion carried.

21. Request to pave alley between properties on DeMers and
S. Wash. St. (Ivan Nelson - B & N Oil and bldg. to west)
Mr. Grasser reported that B & N wants to pave 60 ft. segment of alley and wanted to authorize entering into two-way agreement to allow them to do work and approving plans and specs. on City's standard basis, council needs to approve as in City right of way; they will pay for cost and meet City's specs. Moved by Lucke and Klave to authorize entering into two-way agreement for private installation of paving, and approve plans and specifications. Motion carried.

20. Matter of change orders for projects:
a) Proj. 4669.1, southend drainway 1B, C.O. #2
Mr. Lambrecht reported there are 5 contractors working in area, three on drainway, city storm sewer and contractor on site at new middle school and have change orders; that projects have very aggressive time schedule, and reviewed change order for time extension for Kern & Tabery because of lateness in having avail-able parcel of land across from All Seasons (Dean Curran land), 45-day time extension and reasonable not to penal-ize contractor and recom-mended approval. Moved by Lucke and Klave to approve the time extension. Motion carried.

b) Proj. 4669.2, southend drainway 2A, C.O. #1
Mr. Lambrecht reported contractor for this project is Schipper Construction, same situation where can't complete work until crossing of Washington completed and time extension and a $14,000 increase cost to the necessity to relocate park district irriga-tion pipeline and thought was to be made at a diagonal to skirt away from Kern's project and stay on Park District land and resulted in more expensive pipes, and more economical to acquire Curran property but needed to relocate this pipeline; negotiated at a very fair price, and recommended approval for Schipper including time extension and additional cost. Moved by Lunak and Klave to approve the change order in the amount of $14,000 and to MINUTES/PUBLIC SERVICE COMMITTEE
July 28, 1998 - Page 19

extend completion date to September 15, 1998. Motion carried.

Chairman Hafner reported that he has made arrangements with engineering to review committee agenda items with staff on Friday morn-ings at 10:00 a.m.; and committee changed their committee meetings to Mondays at 7:00 p.m.

Meeting adjourned at 8:20 p.m.

Alice Fontaine
City Clerk

Dated: 7/29/98.