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MINUTES/PUBLIC SERVICE COMMITTEE
Monday, June 28, 1999 - 7:00 p.m.

Members present: Hafner, Klave.

0. Comments re. placement of materials, etc. on berm at 726 Terrace Dr.
Don Piper, 726 Terrace Drive, corner of Cherry St. and Terrace Dr., reported that their driveway goes out onto Cherry Street, that during flood suffered damage and most of their property was out on the berm until removed, and spent good deal of time that summer trying to refurbish the berm, etc. and in mid-fall of 1997 one of the contractors came and put huge sewer pipes down along the berm for project from lift station at 32nd and Cherry to south of the city and was to be there for two weeks, but was there for almost 5 or 6 weeks before those pipes all removed and that blocked all entrance to their property. He stated that in Terrace Drive they make mounds to go over the pipes so cars can go by and served as a dam which backed up water and they had water ankle deep along the gutter. He stated after pipes removed the berm was messed up again and in the spring of 1998 they had landscaper redo the berm at cost of $1300, and by fall of 1998 the berm was in good shape, and contractor came again and put pipes down across the berm, that they asked contractor to place in gutter so damage wouldn’t be done to the berm, but to no avail. He stated that was in there for a few weeks again, and berm messed up again. He stated that in spring of 1999 the reseeded berm, raking, watering, etc. and berm looks fairly decent, and came home Friday night and signs laid out into all of the entry streets onto Cherry telling him they are going to do this again. He stated he talked to the Mayor and Ken Vein on Saturday and that contractor is going to put pipes down there again and repeat the process; he stated they are frustrated by this situation and don’t understand why the City has not been able to plan ahead - he stated they understood why it happened in 1997, but again in 1998 and now again in 1999 - 3 times in a period of less than two years and not just inconvenience it’s that they keep repairing the damage that the contractors do and cannot continue to do this. He stated this also creates problem with putting large garbage can to the end of the driveway and no way to get to the end of the driveway. He stated he talked to Tom Hanson, WFW, and was assured that’s what they are going to do and that should be done in two weeks; he asked if they could put the pipes in the gutter and he is reluctant to do that.

The Committee stated that they are not trying to disrupt his property any more than have to. Mr. Grasser stated they apologize for the inconvenience and it’s simple matter of choices where the pipe goes and when it has to go in; that there has been a lot of infrastructure expansion in the southend of Grand Forks and they are cognizant of the inconvenience and problems that this causes the general public and berms, etc. He stated they discussed alternatives to this; he stated that Mr. Hanson has been dealing with Mr. Piper on the issue and will make special effort to get that berm repaired. Klave questioned why they couldn’t put it in the curve, Mr. Hanson stated that the ramp extends out into the centerline and difficult for traffic. Mr. Hanson stated they met with contractors on the project again today and will coordinate to get storm water drains improved so that there isn’t water standing and coordinate with sanitation department and will also videotape the berms and get restored. Information.

21. Matter of Change Orders for various projects:
f) Proj. 4841, Outdoor Siren Alerting System, C.O. #1 (CDBG)
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Mark Anderson, engineering dept., reported this is a change order to remove $10,000 allowance amount, Urban Development has reported that is not necessary within the contract and if anything were to surface during construction activities, that those costs could be funded directly from an account. Moved by Klave and Hafner to approve the change order. Motion carried.

1. Request to delay sidewalk construction at 1398 South 38th Street.
Al Grasser, asst. city engineer, reported they reviewed request from Mark and Nina Larson to delay sidewalk construction as they intend to start building a house either this fall or next spring , and do not have any problems with the deal. Moved by Klave and Hafner to approve delay in sidewalk construction for one year. Motion carried.

2. Matter of bids for bio-solid removal in primary ponds.
Gary Goetz, Wastewater Dept., reported they received one bid from Mini-Dredge, Inc. who has done this work for them previously, and recommended acceptance of the bid. Moved by Klave and Hafner to accept the bid of Mini-Dredge, Inc. in the amount of $2,200 mobilization/ demobilization and $144.00 dredging per hour. Motion carried.

3. Matter of specifications and authorization to bid generator.
Todd Feland, public works, reported this generator is for the wastewater department, and is generator that’s mounted on a truck unit, and asked for approval of specs. and authorize call for bids. Mr. Feland stated that in items 3. and 4. re. delivery time and year 2000 to declare this as an emergency and to send specs. to three local dealers of generators: Cummins, Butler and Interstate in order to hasten the bidding process. Moved by Klave and Hafner to approve plans and specs. and to authorize bidding. Motion carried. (Comm.only)

4. Matter of authorization to bid generator for the Public Works facility.
Moved by Klave and Hafner for authorization to bid the generator under emergency conditions to the three major dealers who carry the generators, with fund out of the three utility funds (sanitation, wastewater and water). Motion carried. (Comm.only)

5. Consideration of bids for plow truck for street department.
Mr. Feland reported they received a fax bid from NTEC this morning and did not consider it as part of the bidding process, and to return to the bidder (the bidder faxed it and sent actual bid in the mail this morning which won’t be received as bids opened at 2:00 p.m. this afternoon. He stated that according to the finance office procedures they do not accept FAX bids. Moved by Klave and Hafner to return NTEC’s bid unopened for failure to comply with bidding regulations. Motion carried.

Mr. Feland asked that they hold the award of the bids for 2 weeks in order to review bids. Moved by Klave and Hafner to hold this matter for 2 weeks. Motion carried. (comm.only)

6. Consideration of bids for lawn mower.
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Mr. Feland reported they received 3 bids, North Star Turf low bidder in the amount of $11,750.00 and recommended award of the low bidder, with funding from Street Dept. cash carryover. Moved by Klave and Hafner to accept the low bid of North Star Turf contingent upon meeting specifications. Motion carried.

7. Budget amendment.
Mr. Goetz reported budget amendment for Wastewater utility in the amount of $25,000 for anticipation of the Y2K problem, and looking for additional driver boards, main control boards, etc. to keep pump stations operational in case should have some major power outages or brown-outs. He stated they should use over a period of time if not needed for Y2K Moved by Klave and Hafner to approve the budget amendment. Motion carried.

8. Matter of siting approval for wastewater lift station #1
Tom Hanson, WFW, reported at the last meeting they discussed whether there was any place else to put the proposed station, they found the site at 812 Almonte and estimated cost at an additional $43,200, and since they provided the estimate it’s come to their attention that the site at 812 was selected as the site for placement of another historical home and it’s more costly to use that site and in addition to that there would be two neighbors adjacent to the site who would have same basic concerns as the resident at 1 Lincoln Drive, and not sure gaining anything by moving to that site.
Mike Yavarow, sr. project engineer, reported that all homeowners within 300 ft. of 812 Almonte were also notified and has received several calls.

Geraldine Lynn Prue, 2816 Shadow Road, stated that her concern is location of the lift station at 1 Lincoln Drive, and that Friday afternoon she received two letters, one from Mike Yavarow, and one had to do with cost and availability of siting the wastewater lift station at 812 Almonte and other was dealing with the fact that he had contacted Mike --, District Park Forester, re. feasibility of moving 1 Lincoln Drive. She stated she tried calling these gentlemen but neither was available until the following week and her concern is that she just received this correspondence and hasn’t had any time to look into other options and requested some additional time to review and look into other options, ie., engineering costs, second opinion, etc. She stated she received info from Park Dist. that in order to move the house would have to remove trees, etc. She asked for two weeks additional time. Mr. Hanson stated two weeks wouldn’t be big problem.

Robert Frasier, 111 8th Avenue South, stated his property is adjacent to 812 Almonte, and Mr. Hanson stated there would be two neighbors affected, stated there is a gentlemen situated adj. to this property that has been trying to sell his house since the flood and he was very concerned about being able to sell his property, that property at 812 Almonte has been vacant since the flood and has taken them two years this summer to get the lot leveled off and the hole filled in, and every time someone comes over to buy his property that’s first thing the see and leave. He stated by looking at facts and cost sheet would recommend that the Lincoln Drive area would be more suitable, would have better access in time of emergency, not enclosed by neighbors.


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Carol Kelly, 1110 2nd Avenue North, stated they are in the process of moving back to 110 8th Avenue S., which is directly west of 1 Lincoln Drive, and they would be the one neighbor affected as opposed to two or three at the 812 Almonte Avenue. She stated that there is another space available on corner of Almonte and 9th with good accessibility, and the information about this came on Friday and concerned about length of time and the original letter from these two gentlemen suggested that the houses would not be taken down until this fall and construction not begin until the wintertime and doesn’t see unreasonable to ask for another two weeks.

Mr. Hanson stated that at 9th and Almonte would increase price by about $100,000, additional forcemains etc. He stated that the concerns addressed by Ms. Kelly can be easily resolved (make appearance fit the neighborhood, screening issues).

Mrs. Kelly stated she would strongly recommend searching into the exact costs of moving it to the corner of 9th or on other side of Almonte between 8th and 9th Avenues South and consider the number of dollars in taxes that these collective homeowners (110 and 111 8th Avenue South and 1 Lincoln Drive) have spent in the last several years and also business taxes, and $100,000 lot of money but have lost almost three times that in the flood.

Moved by Klave and Hafner to hold this matter for two weeks. Motion carried. (comm.only)

9. Consideration of bids for Proj. 4926, sanitary sewer on 55th Ave. S. from Washington St. to Pump Station #39 (CDBG)
This item with item 20.c)

10. Matter of granitoid pavement mitigation
Lon Winrich, staff coordinator for Grand Forks Historic Preservation Commission , stated that of all the issues, the one to recur most frequently is the issue of granitoid paving in the city of Grand Forks and maintaining it; and developed the following proposal and received encouragement from the engineering department and from the Historic Preservation Comm. to proceed with this, and that what they would ask of the city council and eventually of the State Historical Board is for approval of this proposal in concept, and if the city council is willing to accept the basic idea of this proposal and State Historical Board is willing to accept, then try to get a cost estimate and determine what it would cost and negotiate the exact details of what might be possible: 1) that the amount of granitoid pavement that would be subject to National and State Historic Preservation laws would be limited and try to determine an amount that would be reasonable for the City to maintain; 2) that the granitoid pavement identified for preservation and restoration would be restored to the maximum historical integrity, and the City would make a commitment to preserve it in that sort of state. He stated there are blocks in the city where approx. 30% of the street is granitoid and other 70% is smooth concrete because of various repairs and patches over the years, and those blocks are listed on the National Register as granitoid; that any other historical structure that had lost that much integrity over the years wouldn’t be considered as eligible for the Register, so would like to identify granitoid that they can preserve in an amount that’s reasonable and then make a commitment to preserve that at

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maximum historical integrity; 3) that this granitoid would be viewed as a historic and cultural resource and make an effort to enhance its value as a tourist attraction and as educational resource where people could actually learn something about this kind of pavement and the role that it played in the history of Grand Forks. He stated they are asking for approval of this proposal in concept, and if the council does that, he would propose to take it to the State Historical Board at their meeting in October and ask for the same thing, and if they approve it , do some cost estimates and try to get idea of reasonable amount of granitoid to maintain.

The Committee stated they were in favor of the concept but had some concerns re. 2) re. cost and length of time they would spread those costs over, and to what degree they need to maintain in the future, and not sure what expectations of the Historical Society are and questioned if other funding would be available to maintain these streets other than taxpayers funds. Mr. Winrich stated they would pursue other funding sources possible and probably costing us a great deal of money anyway because of red tape involved with dealing with the Historical Society. Hafner stated that’s reason Minnesota Avenue hasn’t been improved is because of this issue.

Mr. Grasser stated that in looking at 2) and 3) and at one time it was mentioned trying to incorporate this concept with the Corps of Engineers because there’s some historical mitigation that has to go through with the Corps project and they are going to impact some of these streets, and that 2) and 3) can to some degree be addressed through the Corps of Engineers project. Mr. Winrich stated that the current projected location for the dike that the Corps is designing will bury granitoid on Lewis Blvd., 4th Avenue South and probably on Woodland, etc. and that’s on the National Register and there will be some mitigation necessary and if can move along at quick enough pace then some of those mitigation funds could be used for some of the initial expenses, but still have to recognize an on-going maintenance commitment expected on the part of the City as well. Mr. Winrich stated that the staff of the State Historical Society will try to get more granitoid than but thinks he can argue against that but ultimately the decision is up to the Board. He stated he thinks it’s reasonable to try to confine the granitoid that they preserve to residential neighborhoods where there’s relatively low traffic volume.

Klave moved that they approve the concept plan; Hafner seconded the motion. Motion carried.

11. Matter of City-owned property at Club Medview Condo Association
Mr. Anderson reported a letter had been received from Dorothy Lipp, Lipp, Carlson & Lommen, Ltd. asking for pavement of the City owned property which is located between two condo association properties; City acquired property through back taxes, and the problem they are having there is that it’s not surfaced. Mr. Anderson stated they don’t have a funding source for that site and bring to committee for direction. Hafner stated this isn’t a public roadway and perhaps declare this surplus property and get it sold, and not the business of the City to be paving private property. Klave agreed that they should declare it surplus and try to sell it. Howard Swanson, city attorney, reported that property has been declared surplus and offered for sale.

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Hafner stated they should make some effort to sell the property and not good situation for adj. landowners but not in the City’s interest to spend money on paving it. Mr. Grasser suggested that perhaps the Committee would like to refer it to the City Auditor’s Office and ask them to aggressively market that property and leave up to their determination how to accomplish that and handle administratively. Moved by Klave and Hafner to refer to Finance Office to aggressively market and sell this piece of property. Motion carried.

12. Matter of eminent domain authority of south end clay borrow pits
Mr. Grasser reported that several weeks ago the issue came up about going after through eminent domain proceedings to acquire a borrow pit in the southend and the question was how far does the City’s eminent domain authority go. Mr. Swanson stated there is no geographic limitation to the City’s eminent domain authority other than the State boundaries. He stated that any time you exercise eminent domain you have to establish a public purpose or reason as to why you’re taking the property; it doesn’t mean you have to show why this parcel taken as opposed to a different parcel, you can’t arbitrarily pick your location, has to have some relationship to the plan/project. He stated whether you’ve been out there looking for property and not able to find it , the key in any exercise of eminent domain is first attempt to negotiate with the individual property owners - he stated they are not limited by corporate limits and not limited by zoning jurisdiction and that the City has exercised eminent domain about 12 - 14 years ago well outside the city limits. Hafner stated it is a need we have, as to fight a flood is becoming more difficult without having a borrow pit to work from. Mr. Grasser stated why they are looking for sites they are is primarily that they’re looking for topographic relief because that gives us an ability to drain the sight and has an indication that the ground water has had an opportunity to drain away so soils are drier and more accessible; and the other item that impacts these sights is access to good transportation system, and looking at reasonable distance from the city for haul. and those are factors that enter into the technical aspect of why they’re looking at some of the sites they are. He stated that at this point in time they are not actually pursuing eminent domain proceedings but wanted to let the committee know they’ve done exhaustive efforts in trying to negotiate and see that they will likely end up if want to pursue this, will have to go through eminent domain, but not proposing that now.

Moved by Klave and Hafner to receive and file this information. Motion carried. (Comm.only)

13. Matter of construction and maintenance cost agreement with Township Board for Proj. 4886, Paving S. Columbia Road from 47th to 62nd Ave. S.
Mark Lambrecht, CPS, stated they will be considering bids for this project tonight, funded by CDBG for the southend infrastructure, and that as part of preparing the plans for the project they were in contact with the Grand Forks Township Board Chairman, John Schlieman of CPS did the primary contact, and until such time as the annexation is completed, this road will still be in the Township, and that Grand Forks Township has several simple conditions: 1) that they have no objection to paving Columbia Road provided Grand Forks Township assumes no responsibility for the costs incurred on the project; 2) that Grand Forks Township would continue to remove the snow from the route until such time as it comes into the city limits but would not assume any

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other maintenance responsibilities after it’s paved. He stated these conditions seem to cover the basis of our agreement. The street will be asphalt paving with good heavy asphalt base of 2 ft., and 6” of asphalt pavement, and should have good life span. Klave noted that this is farm to market road, with extremely heavy four-wheel drive tractors, etc. and what will that do to the road because City assuming all responsibility for repairing it, and can’t legally limit the use of that road when it’s not in the city. Mr. Lambrecht stated that the pavement design did take into account the traffic that is anticipated on the road, and thought the annexation is imminent (next council meeting) Klave asked if this road is annexed into the city in July how will this affect the street department’s budget for snow removal when need to run all the way to 62nd to keep that road maintained and cleaned because the Township will not do it any longer, that for every additional mile it’s additional maintenance. Mr. Grasser stated they would need to increase the street department’s budget accordingly, not sure what that dollar amount would be, and if go ahead and annex and do not do this paving process, it would be much more costly to try to keep the gravel section up. Klave stated they need to keep that in mind as budgets are being done.

Moved by Klave and Hafner to enter into construction and maintenance agreement with Grand Forks Township for Project No. 4886. Motion carried.

14. Matter of status of Proj. 4717, North End Storm Sewer Analysis (for information only)
Mr. Grasser stated that the request came from Council Member Hamerlik for area east of Columbia Road, west of Washington and south of Gateway and north of University Avenue, and they’ve experienced consistent and persistent stormwater drainage problems out there for a number of years, and they are reporting is that to keep within that $30,000 budget it was required to get the topographic information from the Corps of Engineers, that has not materialized as yet but they are working on it and not too far away, but if we get the information soon, can’t start on it because they no longer have a budget, it was not under contract and weren’t able to do a purchase order carryover, and now have no dollars in the budget; that this is information for the committee and they may want to consider it, still a valid study but in order to pursue would have to budget in 2000 budget or come back and ask for budget amendment in 1999.

Klave asked if they would be able to look at it in 1999 with everything that is going on, maybe entered into for the 2000 budget so can be dealt with then unless engineering feels they can be working on this project too. Mr. Grasser stated he wouldn’t say they can’t get it done, because they already have a consultant under contract to do the work, so very little time from engineering department other than review and coordination - bulk of work done by Advanced Engineering who was selected to do the work but with consultants they have manpower to do it in 1999. Klave stated this is for information and would like information sent to full council with the full explanation that there either has to be a budget adjustment for 1999 or it needs to go into the 2000 budget. Mr. Grasser stated he has no problem to wait until 2000; and Committee suggested he inform Council Member Hamerlik what’s happening here.

Moved by Klave and Hafner to receive and file. Motion carried. (Comm.only)

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15. Matter of funding status for South End Development Projects
Mr. Grasser presented southend development spread sheets put together between GFEG and staff members; that the majority of the southend development projects were put in the 1997 CDBG grant which means it has to be under signed contracts by July 9 and this is last committee meeting where can address that; the consultants have been very busy getting the projects bid and opened last bid today in order to put together this matrix. He reviewed the project description and budget column which is broken down of total project cost and is amount they will ask for approval of final not to exceed contract amounts. He noted that some projects are not funded only with CDBG monies. He stated they will take this information to Urban Development, they will bring the information back to council either at flood control committee or committee of the whole where council will approve those changes to the cost matrix but this accounts for the projects to $13,600,000 which is current southend development budget after reduction from the $15 million.

He noted there were several projects he wished to discuss: Proj. 4784, water tower and watermain, not in the 1997 grant and won’t ask for approval of a contract or eng. agreement. Proj. 4990, southend development GIS services, and that on the southend development will need to do a final project drawings and this will be mechanism where start putting that into a more user friendly data base and make it accessible, that the $100,000 allocated will not give a complete system - this will do a start. Proj. No. 4922: storm sewer on S. Wash. St. from 47th to 51st, that this has been in and out of the cost matrix, and two weeks ago learned that the storm sewer was going to be covered by DOT and it is a cost eligible item but when ended up bringing in large change order ($280,000 assuming that both lanes need to be redone on Wash. St.) concerned about impact on local funding sources and their recommendation now is to budget $100,000 to help off-set that large change order and save some money on Highway Users and special assessments. Proj. 4804: still have about $328,000 left in the southend development concept and wanted to move that to a southend lift station to keep within the southend concept, but found out that lift station they though was CDBG eligible did not contain the section 70 requirements dealing with wage rates, etc., was bid very early on in the process and were still working out procedures and then recommended that these monies go into the downtown watermain replacement Phase I, which were funded entirely with local monies, and by putting those dollars in there are accomplishing allocates budget, that it puts CDBG dollars into an eligible account and if need to draw money out to cover change orders, etc. can pull out the local share that would have gone into that fund, and does allocate some funds where anticipating about $250,000 to work out the rural water buyout in the southend. Proj. 4904 and Proj. 4923: put these dollars together with the assumption that the second low bidder is going to be awarded the project, that No. 4904 will come up later in the meeting. Project No. 4853 and 4927 were bid as a unit, and initial low bidder requested that their bid be removed from consideration and Mr. Hanson will go through details later on. He stated they need to hit the $13,600,000 budget. Mr. Grasser reported that all of the southend development type projects were put in the 1997 grant because of Urban Development’s determination is that the low and moderate income requirements were waived on the 1997 grant, and that’s why these projects as they didn’t feel
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they met the low and mod. requirements and to put something into there the project has to be
under contract by July 9. Information only.

16. Matter of authorization to request proposals for engineering services for paving 42nd Street from University Ave. to 29th Ave. S.and 17th Ave. S. from 42nd to 35th Sts
Mr. Anderson stated they need authorization to proceed with advertisement. It was moved by Klave and Hafner to approve. Motion carried.

Matter of agreements for engineering services for various projects:
a) (Construction Administration), KBM, Proj. 4806, Mill Rd. Rehabilitation (CDBG)
A memo of cost breakdown was presented for construction period services and asked for approval of entering into contract based on numbers based an est. construction work and staffing and represents 10.5% of the bid price, and low bidder on the project was Nodak Contracting in the amount of approx. $520,000. Mr. Grasser stated that the 10% not high as DOT project will cost more money to administer than local because more requirements for inspection services, not out of line for this type of project. Project should start within next couple weeks and finish before harvest starts because it impacts farm to market road, State Mill, and RDO, etc. Moved by Klave and Hafner authorize entering into the contract, subject to engineering department review. Motion carried.

b) (Design Engineering), AE, Proj. 5042, Piping Modifications at the 7M Gallon Reservoir
Hazel Fetters-Sletten, water plant supt., reported this project started in 1997, have a problem with the 7mg reservoir because inlet and outlet are the same pipe and are suggesting piping modifications to allow them to get better mixing at the end of the summer months when the water temp. increases. She stated engineering was working on the project (Jon Large) who resigned and now going outside, that Chuck Grotte reviewed contract and found it acceptable. Moved by Klave and Hafner to authorize entering into the contract with Advanced Engineering in an amount not to exceed $15,000. Motion carried.

c) (Design Engineering), AE, Proj. 4973, Watermain Replacement Loop on N. 15th St. and 8th Ave. N.
The engineering agreement for providing preliminary and final design phases and bidding phase services for the project, that the proposed route of the line will take the line from 20” on DeMers to water tower and then to Dyke Avenue, to 15th Street and 8th Avenue N., and to N. 3rd Street where it will be 16” line and will provide for replacement of watermain on Washington Street from DeMers to 8th Avenue, and provide improved fire protection for that area, and provide increased transfer flow through the distribution system; contract in the amount of a not to exceed amount of $143,000. Moved by Klave and Hafner to authorize entering into the agreement for engineering services in an amount not to exceed $143,000, subject to engineering department review. Motion carried.
d) (Construction Administration), AE, Proj. 4757, Downtown Curb & Gutter Replacement (CDBG)
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Lisa Johnson, A/E, reviewed agreement for construction administration services for the project, that this is an hourly agreement with a not to exceed amount of $24,610.00, along with breakdown of tasks, that the project is being constructed in cooperation with NDDOT and the Federal Hwy. Adm. She stated that DOT was contacted when developing the cost est. in re. to materials testing requirements as this project is unique, that DOT notified them that testing requirements will not be made available until the construction meeting which will be next week, and included in their estimate a line item for plant observation if need someone at the plant, and if adjusted at pre-con meeting they will inform the committee. Moved by Klave and Hafner to authorize entering into the agreement with a/E for engineering services for const. adm. in an amount not to exceed $24,610.00, contingent upon engineer’s review. Motion carried.

e) (Design Engineering), GFEG, Proj. 4990, Mapping and GIS Services (CDBG)
This project is to put the southend development area into a geographic information system, automated record keeping, etc. as part of the project coordinate software and hardware research and presentations and present finalized data to various committees. This is a not to exceed agreement in the amount of $100,000.00. Mr. Grasser stted they do not have enough money to do entire city, and are doing the southend area, and is to do a pilot to show how they might use it for flood fighting efforts and floodplain management Moved by Klave and Hafner to authorize entering into the engineering service agreement with Greater Forks Engineering Group in an amount of not to exceed $100,000, contingent upon engineer’s review. Motion carried.

18. Matter of amendments to engineering services agreements for various projects:
a) Amendment No. 1 (appraisal services), GFEG, Proj. 4988, South End Clay Borrow Sites (CDBG)
Lon Aune, GFEG, stated this is Amendment No. 1 to the flood mitigation contract they have and are putting together appraisal services for the four borrow sites, that they will be working with an appraiser to start proceedings and get est. costs on the properties for acquisition, in an amount of $11,500.00 for appraisal services for the four sites. Moved by Klave and Hafner to authorize entering into Amendment No.1 to the engineering services agreement in an amount not to exceed $11,500.00, subject to engineering department review. Motion carried.

b) Amendment No. 1A (general coordination), GFEG, Proj. 4988, South End Development Projects (CDBG)
Mr. Aune reported they established a general agreement with GFEG for all the general services on the southend and series of amendments, and first amendment was for coordination services to have someone at City Hall working with staff, and that he was nominated for that task, and at this time that contract is running out as of July 6, and will be extending it for another $10,000 at the direction of City staff of when they need some help. Moved by Klave and Hafner to approve Amendment No. 1A to the engineering services agreement in the amount of not to exceed $10,000, contingent upon engineer’s review. Motion carried.

c) Amendment No. 25 (staking services), GFEG, Proj. 4797.3, South End Development Projects (CDBG)
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Mr. Aune stated that because of staffing changes there has been some need to acquire some additional staking services on southend related projects, this is an amendment related to original general contract with GFEG in an amount not to exceed $15,000 and assigned by engineering department. Moved by Klave and Hafner to authorize entering into Amendment No. 25 to the engineering services agreement in an amount not to exceed $10,000, contingent upon engineer’s report. Motion carried.

d) Amendment No. 26 (construction administration), GFEG, Proj. 4886, Paving S. Columbia Rd. from 47th to 62nd Ave. and from 34th to 36th Ave. (CDBG)
Mr. Aune reported that GFEG was asked to provide full construction administration services for this paving project, that last meeting they approved staking services contract, and this would include full eng. const. phase services (inspection, recording, etc.) and is amendment to general agreement with GFEG in an amount of not to exceed $27,900. Moved by Klave and Hafner to authorize entering into Amendment No. 26 to the engineering services agreement in an amount not to exceed $27,900, contingent upon engineer’s report. Motion carried.

e) Amendment No. 27 (final contract price adjustment), GFEG, South End Development Projects (CDBG)
Mr. Aune reported this is an adjustment contract to all the agreements and sets all the not to exceed amounts for our contracts including construction phase services, with exception of water tower, and that Projs. 4850, 4852 and 4854 were originally under CFEG and have since pulled those out - 4854 was contract under two dif. agreements, eng. services completed by WFW independent of GFEG and other two were going to be part of GFEG projects but did not do those projects (L.S. 41) and zeroed out of GFEG amendments. Moved by Klave and Hafner to authorize entering into Amendment No. 27 to the original engineering agreement, contingent upon engineer’s report. Motion carried.

19. Matter of Plans and Specifications for various projects:
a) Proj. 4784, South End Water Tower (CDBG)
It was reported that plans and specs. are completed; project located on northeast corner of 62nd Avenue South and South Columbia Road. Moved by Klave and Hafner to approve plans and specifications and authorize call for bids. Motion carried.

b) Proj. 5045, Decommission of Temporary Family Housing
It was reported this was installed after the flood of 1997, this project is FEMA funded and doing the project through Dept. of Urban Development (removing or filling pipes, moving manholes, restoring site back to way it was for both UND and one in Industrial Park), and have plans and specs. Moved by Klave and Hafner to approve plans and specifications and authorize call for bids. Motion carried.

c) Proj. 4582, Dist. 380, Storm Sewer on 16th Ave. N. west of N. 42nd St.
Mr. Anderson stated they were asking for approval of the plans and specs, and authorization for advertisement for bids for the project. Moved by Klave and Hafner to approve
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plans and specifications and authorize call for bids. Motion carried.

d) Proj. 4930, Dist. 571, Pave Alley in the 100 block between N. 3rd and N. 4th St.
Mr. Anderson stated they were asking for approval of plans and specs. and call for bids. Moved by Klave and Hafner to approve plans and specifications and authorize call for bids. Motion carried.

e) Proj. 4863, Restore Sanitary Sewer Area 3 (CDBG)
Mr. Hanson, WFW, reported this is summary of where they are at today on all the sewer restoration projects, and are authorizing the last of the projects they can fund the City portion 100% with the CDBG money that’s been allocated, that the sanitary sewer in Area 3 are estimates they received today and overall projecting to be about $1.9 million short on the local funding using CDBG funds for these projects. He stated that storm projects have turned out to be lot more local share than originally projected and much bigger than originally projected, that they are well under the FEMA portion in total costs, but the ratio between FEMA and City is turning out to be higher on the City’s side, and they need to be aware before they approve these that they’re getting real close to that limit. Mr. Grasser stated they would have to work with Finance Office and they have a meeting scheduled in the next couple weeks to talk about this, and probably need to be funded through utilities in stormwater, sanitary sewer account, but have not put entirely local money but trying to fund with CDBG money. He stated they wanted to make council aware there will be decisions needed to be made as to how to allocate some of those final CDBG funds, and this is an area of need and it’s a tradeoff of whether you allocate CDBG dollars or trying to find another local source, and if looking at $2 million it will take bonding effort of some sort. It was noted that with all the repairs to the sewer system, there should be some savings in the long term on operating. Mr. Hanson stated it should reduce temporarily some of those costs, that 80-85% of system will be 100% repaired. Mr. Grasser stated it will reduce the long term but doesn’t know if reduce the amount in the budget today, and is an excellent investment. Moved by Klave and Hafner to approve plans and specifications and authorize call for bids. Motion carried.

20. Matter of consideration of construction bids for various projects:
a) Proj. 4862, Restore Storm Sewer Area 1 (CDBG)
Mr. Hanson presented tabulation of bids with $1400 difference between low bidders, Robert Gibb & Sons low bidder, and recommended award to them. Committee asked if they cooperate to the point of $1400; Mr. Hanson stated he didn’t know of any problems that would not allow us to award the bid to them. Moved by Klave and Hafner to accept the low bid of Robert Gibb & Sons in the amount of $6,971,606.00. Motion carried.

b) Proj. 4849, Sanitary Pump Station #40 (CDBG)
Mr. Hanson presented tabulation of bids with low bidders under Schedule B which is award of general, mechanical and electrical bids rather than Schedule A which is a combination of bids: General $528,700 to ICS, Inc.; Mechanical $17,650.00 to McFarlane Sheet Metal; and Electrical $188,318.00 Hanson Electric of Bemidji, Inc. and recommended award of those bids. Moved by
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Klave and Hafner to award to the low bidders (as noted). Motion carried.

c) Proj. 4926 and 5017, Sanitary Sewer on 55th Ave. S. from Washington St. to Pump Station # 39 and on 36th Ave. S. and S. 26th St. (CDBG)
Mr. Hanson presented tabulation of bids and that Kenko Contractors, Inc. of Blaine, MN was low bidder and shortly after the bid opening received FAX saying they suspected they had made an error in preparing their bid and wanted time to check their calculations, that on the 21st he received copy of FAX they sent to Mr. Schmisek saying that they had found an error in their bid and requesting to withdraw their bid, on 23rd he faxed them a letter requesting documentation of the error and sent info. back to him showing that they had omitted $112,300 off their bid preparation and showed calculation sheet and based on that, have documented that they did make the error and our bidding documents allow them to withdraw their bid if they have demonstrated reasonable satisfaction to the owner or reasonable satisfaction that there’s a mistake in the preparation of the bid, and recommended allowing them to withdraw their bid without taking the bid bond. Moved by Klave and Hafner that we allow Kenko, Inc. to withdraw their bid. Motion carried. Moved by Klave and Hafner to accept the bid of Dakota Underground Co., Inc. in the amount of $1,021,090.00. Motion carried.

d) Proj. 4957, Sanitary Sewer on S. 42nd St. from 17th to 29th Ave. (CDBG)
Mark Lambrecht, CPS, presented tabulation of six bids for the project (this is sewer in the area where added to the southend matrix of projects in exchange for the people donating the right of way along 42nd); that there was one bid they didn’t open (Schipper Construction) who didn’t acknowledge receipt of an addendum to the project and based on past actions, recommended that the bid be returned to Schipper Const. unopened. Moved by Klave and Hafner to return the bid of Schipper Construction unopened. Motion carried.

Mr. Lambrecht reported that the low bidder was Duckstad Contracting in the amount of $330,680.00, which was below the engineer’s estimate, and recommended award of the contract.
Moved by Klave and Hafner to accept the low bid of Duckstad Contracting in the amount of $330,680.00. Motion carried.

e) Proj. 4904 & 4923, Sanitary Sewer on 47th Ave. S. from Cherry to 11th St. & Watermain on 47th Ave. S. from Washington St. to Chestnut St. (CDBG)
Charlie Vein reported that this project involves water and sewer was bid last week and presented tabulation of bids, there were five bidders and low bidder was Badger Contracting who bid $344,435.00, that after receiving bid contacted Badger and discussed their experience, have never personally worked with Badger nor has City engineering staff on a municipal project, that they are a company from Grand Forks and primarily have done a lot of communications type contracting; that in talking with them they explained that the largest watermain they’ve worked on was an 8” main collectively over 20 years and probably put in about half mile; that they’ve worked quite a bit in the rural water setting doing work for Marshall and Polk Rural Water Systems doing add ons, some repair work on watermains and worked at the Air Base in residential area . He stated that this project involves installing a 16” watermain, etc. across
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Washington in some areas that landscaping is going to be critical and also involves insulation of
some fairly deep sanitary sewer. He stated in discussing this with Badger their water experience
was very limited, called references, and their backhoe did not have ability to go to the depth they are looking at; that they felt Badger lacked experience and not truly qualified to do a job of this sort, and also when the bid was opened, they had failed to acknowledge the addendum but they did not sign the non-collusion affidavit as a part of the bid and talked to Mr. Swanson about that and he felt that was a very important thing to note, and based on their recommendation they are recommending that the project should be awarded to the second low bidder, ICS from Grand Forks. He noted that ICS’s bid was $385,475.00. There was some discussion re. ICS’s experience in Congressional area. Hafner stated that there is $41,000 difference in price of the lowest and second low bids. Mr. Grasser reported that this work is in the 1997 grant and do not have the ability to increase this project by change order to cover any changes, and that he concurs with Mr. Vein’s recommendation, he didn’t believe they were the lowest and best, and second alternative is not necessarily without some discomfort but his only suggestion is if they are not comfortable taking their recommendation and seeing this as being a hard sell to the rest of the council, make the recommendation they are comfortable with; that if they don’t sign a contract this project won’t happen at all.

Klave moved that we award the bid to ICS, Inc. based on our consulting engineer’s and city engineer’s recommendations to this committee; the motion was seconded by Hafner. Motion carried. (Klave asked Mr. Vein if he could present this information to the council).

f) Proj. 4882, 4880, & 5026, Watermain on 62nd Ave. S. from Columbia Rd. to Washington St., Watermain on S. 20th St. from 47th to 51st Ave. S., & Watermain on S. Columbia Rd. from 47th to 62nd Ave. (CDBG)
Mr. Vein presented tabulation of bids received on combined bid, that they received six bids, low bidder was United Crane & Excavation, Inc. in the amount of $571,887.50, and recommended award to the low bidder. Moved by Klave and Hafner to accept the low bid of United Crane & Excavation, Inc. in the amount of $571,887.50. Motion carried.

g) Proj. 4886, Paving S. Columbia Rd. from 47th to 62nd Ave. and from 34th to 36th Ave. (CDBG)
Mr. Lambrecht reported this is project discussed earlier re. agreement with Grand Forks Township, the three bids opened last week and low bidder was Nodak Contracting, good competitive bid, and recommend award of contract to them. Moved by Klave and Hafner to accept the low bid of Nodak Contracting in the amount of $484,847.55. Motion carried.

h) Proj. 4940, Dist. 570, Paving 45th Ave. S. from 20th to 25th St. and S. 25th St. from 45th to 47th Ave.
Mr. Anderson presented tabulation of bids, Valley Contracting low bidder. Moved by Klave and Hafner to accept the low bid of Valley Contracting in the amount of $252,900.75.
Motion carried.

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i) Proj. 5022, Dist. 569, Paving Alley in 900 Block between S. Washington and S. 12th St.
Mr. Anderson presented tabulation of bids received, Opp Construction, LLC, low bidder. Moved by Klave and Hafner to accept the low bid of Opp Construction, LLC in the amount of $14,166.00. Motion carried.

j) Proj. 5030, Dist. 572, Paving Rivers Edge Phase II
Mr. Anderson presented tabulation of bids received, Valley Contracting low bidder. Moved by Klave and Hafner to accept the low bid of Valley Contracting in the amount of $69,961.55. Motion carried.

21. Matter of Change Orders for various projects:
a) Proj. 4768, Storm Pump Station #84, Schedule B General, C.O. #5 (CDBG eligible)
Mr. Hanson, WFW, reviewed change order in the amount of deduct of $3,290.00 to delete concrete and gravel driveway, Wanzek Construction, Inc., contractor; and will do this work under repair project where there is some work to be done to the pipes in and out of the station not associated with this contract. Moved by Klave and Hafner to approve the change order. Motion carried.

b) Proj. 4669.1, South End Drainway, Phase 1B, C.O. #5
Mr. Lambrecht, CPS, reported this is final compensating change order for one of the drainway projects and rectifies final stalled quantities vs. bid quantities, it’s a net deduct of $6,222.00, Kern & Tabery, Inc. contractor. Moved by Klave and Hafner to approve the change order. Motion carried.

c) Proj. 4225.2, Paving S. Washington St. from 32nd to 40th St., C.O. #3
d) Proj. 4655.1, Paving S. Washington St. from 26th to 32nd Ave., C.O. #2
Mr. Anderson reviewed change orders in the amount of $61,000.00, Strata Corporation, contractor, minor modifications to some bid items - to move the $61,000 to the appropriate project, improperly placed. Moved by Klave and Hafner to approve change order to decrease project in the amount of $61,000 on Proj. 4225.2, C.O #3, and to increase Project 4655.1, C.O. #2 in the amount of $61,000. Motion carried.

e) Proj. 4655.2, Pedestrian Underpass on S. Washington St. near 32nd Ave. S., C.O. #1
Mr. Anderson reviewed change order in the amount of $240.00, Strata Corporation, contractor, modifications to underpass and adjustment to costs. Moved by Klave and Hafner to approve the change order. Motion carried.

g) Proj. 4926, Sanitary Sewer on 55th Ave. S. from Washington St. to Pump Station # 39, C.O. #1 (CDBG)
Mr. Hanson reviewed change order in the amount of $49,550.00, Dakota Underground Co., Inc., contractor, for gravity sewer (east from L.S. 33). Moved by Klave and Hafner to approve the change order. Motion carried.
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h) Proj. 4836, Storm Sewer on Belmont Rd. from 52nd to 55th Ave. S., C.O. # 2 (CDBG)
Mr. Anderson reviewed change order in the amount of $7,500.00, Soberaski, Inc., contractor,
to add a flapgate to the stormwater system. Moved by Klave and Hafner to approve the change order. Motion carried.

i) Proj. 4719, Restore Sanitary Sewers in Area 2, C.O. #6 (CDBG)
Mr. Hanson reviewed change order for time extension to the project, Lametti & Sons, Inc., contractor; contractor has asked for an additional 30 days as they were delayed on paving portion of this. Moved by Klave and Hafner to approve the change order to approve a 30-day time extension, with new completion date August 29, 1999. Motion carried.

j) Proj. 4807, Paving S. Wash. C.O. #2
Mr. Grasser asked to hold this for 2 weeks.

Moved by Klave and Hafner to adjourn; meeting adjourned at 9:40 p.m.

Alice Fontaine
City Clerk

Dated: 6/30/99