City Commission

City Commission Mee�ng Agenda Devils Lake City Hall Commission Chambers 423 6th St NE, Devils Lake, 58301 Monday, April 3, 2023 Meeting Items 1) Call to Order 2) Pledge of Allegiance 3) Approval of Minutes – March 20, 2023 Awards and Proclamations 1) N/A Public Hearings – 5:30 PM 1) N/A Bid Openings – 5:30 PM 1) N/A Visitors or Delegations *Limited to five minutes per guest, unless extended by presiding officer 1) Lake Region Heritage Center Commission Portfolios Old Business 1) Award City Project 230201 Consent Agenda 1) N/A New Business 1) Devils Lake Regional Airport – Infrastructure Investment Consideration a. Capital Improvement Framework DRAFT Review 2) Resolution - Municipal Court Authorized Agents 3) Renaissance Zone Project 4) 5 Year Exemption of Improvements to Residential Structures 5) 2nd Reading of Ordinance for Annexation – 14th St NE & 14th Ave NE 6) Cost Participation Agreement – City Project 230101 Citizen Comment 1) N/A Informational Items 1) 2023 Quarter 1 Economic Data 2) Investment Portfolio – Q1 Update Motion to approve payment of the list of bills as submitted. The City of Devils Lake may convene in an executive session as provided by NDCC 44-04-19.2 to consider and discuss closed or confidential records and information, negotiating strategy or negotiating instructions as provided by NDCC 44-04-19.1, 44-04-19.2, 44-04-18.4. Page 1 of 1  Minutes of the Devils Lake City Commission March 20, 2023 The regular meeting of the Devils Lake City Commission was held on March 20, 2023 with the following members present: President Moe, Rob Hach, Dale Robbins, Jason Pierce and Shane Hamre. Commissioner Pierce moved to approve the minutes of the regular Commission meeting held March 6, 2023. The motion was seconded by Commissioner Robbins, and the motion carried unanimously. Devils Lake Project 230201 – WM 28-23 & WM 29-23 Water Main Replacement – The City Administrator opened one bid from Kemper Construction Company. The City Attorney verified that they are bonded and hold a contractor license. Kemper Construcion’s bid came in at $2,687,426.50. Commissioner Robbins made a motion to refer the bid to engineering for review. Commissioner Pierce seconded the motion, and the motion carried unanimously. Devils Lake Regional Airport – Project Update – Scott Cruse gave an overall update on the projects going on at the airport. He mentioned that after going through the finances for the airport, they are in a shortfall for the projects that need to be done. The airport is looking to request funding from the City and the ND Aeronautics Commission. They have a verbal commitment to match half of the 2.253 million if they can get a commitment from the City. They are looking for roughly 1.126 million from the City. The City Administrator communicated that they have a capital improvement meeting on Friday and this will be discussed here. He also mentioned that we will discuss this topic again at the April 3rd meeting. Commissioner Hamre – The Assistant City Engineer communicated that there is no update for the utility department. Commissioner Hach – The Assistant City Engineer communicated that they have a job opening in the sanitation department. The City Assessor communicated that the domestic fowl committee is waiting on an ordinance draft. He also mentioned that he is still trying to get everything he can done before the board of equalization meeting. He talked to Vanguard about a proposal to come on site and help with updating the missing information. Commissioner Robbins – The Assistant City Engineer communicated that they met with the State Water Commission last Thursday regarding a cost share. He mentioned that they are looking at a 1.35-million-dollar cost share and their final approval will be on April 13th. The final plans for 14th St & 14th Ave project plans were submitted and this project is set to be bid by DOT on May 12th. He communicated that there are two job openings in the street department, and they will be working on getting the supervisor position out soon. Commission Pierce – The Fire Chief communicated that they are looking for 6-9 months lead time for the radios, and they are trying to get their portables ordered. The SIRN radio billed out for them is at the end of 2024/beginning 2025. He also menitoend that their emergency reporting software was bought out by ESO and a price increase will be coming. They have 2 potential software's in mind, and they plan to move forward with First Due. First Due gives them a better software platform, it is cheaper, and will work with the CAD system. The Police Chief communicated that he had an officer have some out of state travel for a case. Due to this being a legal matter, they told the officer that they needed to go before the approval from commission. The City Administrator communicated that the new website is launched and he thanked Devin for all the work he did on it. He mentioned that all of our CD’s with Edward Jones are under $250,000 and they are secure. The airport is getting 1.7 million dollars from the FAA, and it should be hitting our account soon. The City Attorney communicated that he has a main draft on the domestic fowl ordinance. He also mentioned that he would like to get an ordinance done in time for spring cleaning regarding nuisances. He also mentioned that one thing the Commission should consider is going to a zoom platform for meetings – this way if more than one commissioner is gone anyone can attend the zoom call. With us using the phone right now, it is really hard to hear anyone that is away from the phone. Petition for Annexation – 14th St NE & 14th Ave NE – The Assistant City Engineer communicated that they had to acquire some land at no cost. This petition is to annex the defined property to the City of Devils Lake. Commissioner Pierce motioned to approve the petition. Commission Hamre seconded the motion, and the motion carried unanimously. Ordinance for Annexation – 14th St NE & 14th Ave NE – This is a first reading of the Ordinance for Annexation – 14th St NE & 14th Ave NE. Johnson Controls Renewal Agreement – The City Administrator communicated that this is a renewal of a 3–year agreement with Johnson Controls for our fire alarm detection and maintenance. Commissioner Pierce moved to approve the renewal agreement. Commission Hach seconded the motion. The motion carried unanimously on a roll call vote. Fireworks Display – Agreements and Setting of Date – The City Administrator communicated that the cost of the fireworks this year will be around $22,500. If the Commission approves, we will also need to set a date for the show. Commissioner Pierce communicated that he would like to keep it on the 4th of July. Commissioner Robbins motioned to go forward with the agreement and keep it on July 4th. Commissioner Pierce seconded the motion, and the motion carried unanimously. Commissioner Pierce moved to approve the list of bills as submitted. The motion was seconded by Commissioner Hamre. The motion carried unanimously on a roll call vote. SPENCER HALVORSON JIM MOE CITY ADMINISTRATOR/AUDITOR PRESIDENT OF CITY COMMISSION March 29th, 2023 Spencer Halvorson City Administrator 423 6th St. Devils Lake, ND 58301 As director of the Lake Region Heritage Center, I would like to formally request funds for the 2nd quarter of 2023. We are busy planning our gala and the Artfest, as well as hosting tours and exhibitions. It has been a busy start to the year. Thank you. With sincerest appreciation, Lisa Crosby, Director Lake Region Heritage Center 502 4th St. NE PO Box 245 Devils Lake, ND 58301 701-662-3701  Project Projected Final Cost Project Description Year Cost Cost Difference 1 Task Order #1 Programming & Concept Budget Report 2021 $99,400.00 $99,400.00 $0.00 2 Task Order #2 Program Coordination & Scheduling 2021 $189,470.00 $77,006.00 $112,464.00 3 Task Order #2 IFE 2021 $800.00 $0.00 IFE in Final Cost Above 4 Task Order #3 ALP Update & Narrative 2021 $590,621.00 $590,621.00 $0.00 5 Task Order #3 IFE 2021 $5,000.00 $0.00 IFE in Final Cost above 6 Task Order #4 Environmental Clearance CARES Projects 2021 $37,851.00 $35,356.29 $2,494.71 7 Task Order #5 ARFF-SRE Concept Budget Report 2021 $83,705.00 $83,705.00 $0.00 8 Task Order #8 CARES Topo Survey 2021 $19,906.00 $19,906.00 $0.00 9 Task Order #10 Terminal Expansion Design & Bidding 2021 $700,930.06 $700,930.06 $0.00 10 Task Order #10 IFE 2021 $10,000.00 $10,000.00 $0.00 11 Task Order #11 ARFF-SRE Design and Bidding 2021 $393,918.48 $369,244.48 $24,674.00 12 Task Order #11 IFE 2021 $10,000.00 $10,000.00 $0.00 13 Task Order #12 Reconstruct Terminal Road & Parking Lot 2021 $97,549.43 $30,508.60 Project Stopped 14 Task Order #13 Terminal Project Administration & Closeout 2021 $749,867.00 $749,867.00 $0.00 Consultant Fees Total $2,989,017.97 $2,776,544.43 $212,473.54 15 Apron & Taxiway Reconstruction 2021 $1,700,000.00 $3,156,555.23 $1,456,555.23 16 Terminal Expansion Project - General - Mech - Electrical 2022 $6,000,000.00 $10,398,260.00 $4,398,260.00 17 Passenger Boarding Bridge 2022 $1,000,000.00 $1,936,243.00 $936,243.00 18 Terminal Furnishings 2022 $220,000.00 $220,000.00 $0.00 19 CARES O&M Costs 2022 $1,352,000.00 $1,352,000.00 $0.00 20 Terminal Contingency Funds 2022 $263,290.93 $263,290.93 $0.00 21 Builders Risk Insurance 2022 $15,000.00 $15,000.00 $0.00 Project Totals $10,550,290.93 $17,341,349.16 $6,791,058.23 Project and Fees Totals $13,539,308.90 $20,117,893.59 $6,578,584.69 22 Terminal Loop Road and Parking Lot Improvements 2022 $1,000,000.00 23 ARFF/SRE Building 12,000 Sq Ft 2022 $3,500,000.00 24 High Speed Runway Broom 2023 $675,000.00 25 SRE Loader with Attachments 2023 $800,000.00 26 Rehabillitate Runway 13-31 HIRL System & Generator 2022 $1,000,000.00 27 Rehabillitate Runway 13-31 2022 $2,000,000.00 28 Rehabillitate Parallel Taxiway 2022 $800,000.00 29 Rehabillitate Concrete Apron 2023 $500,000.00 30 Construct GA Hanger 2023 $2,000,000.00 31 Wildlife Assessment and Plan Update 2025 $150,000.00 Other Project Totals $12,425,000.00 $0.00 Funding Source Amount CARES Act Grant $16,882,607.00 Banked Entitlements and 2022-2023-2024 Entitlements $981,369.00 Total Available Funding $17,863,976.00 Funding Shortfall $2,253,917.59 North Dakota Aeronautics Commision Verbal Commitment -$1,126,958.80 Devils Lake Regional Airports Request from the City -$1,126,958.80  STAFF REPORT City Commission – April 03, 2023 Agenda Item: DRAFT Capital Improvement Plan Submitted By: Spencer Halvorson, City Administrator/Auditor Mike Grafsgaard, City Engineer Devin Gathman, Assistant City Engineer Staff Recommended Action: Use the DRAFT Capital Improvement Framework as a supplement in consideration of the potential Devils Lake Regional Airport infrastructure investment BACKGROUND: The City of Devils Lake frequently updates its Capital Improvement Plan to layout its infrastructure priorities and create a framework for financially addressing the City’s capital investment needs. The Capital Improvement Review Group met to go over needed infrastructure investments and to collaboratively identify a framework to address the numerous financial, logistical, and strategic considerations. Given the potential for the City to partner with the State Aeronautics Commission to invest in the runway/taxiway infrastructure at the DL Regional Airport, such circumstances presented the necessity for the City to review its Capital Improvement Plan in an effort to ensure it can meet its own infrastructure investment needs in addition to this specific project at the airport. The attached draft plan reflects the due diligence undertaken from the Capital Improvement Review Group to identify a comprehensive and sustainable approach to the City’s future infrastructure needs. Financial considerations for the plan were made with the following assumptions: - The City receives the standard 60% municipal project cost share with the ND State Water Commission for the upcoming 2023-2024 water main project. - The City in future budgets allocates at least 31% of its sales tax to infrastructure (Fund 2033) o In FY 2023 the City is allocating 26% and can adjust these allocations given status of Debt Service Revenue Accounts (5000). o City sales tax projections at a conservative 2% growth - Nonbonded Debt Service revenue reflects income from current projects being assessed as well as an extra $50,000 per year for new assessments for projects being planned.  - Prairie Dog Municipal Infrastructure bucket fills in the second year of each biennium and no additional funds received each biennium beyond that. o This would result in the City receiving $2.5 million in every odd numbered year. - Water Source Replacement fee remaining at $9 The Capital Improvement Plam is in draft form and final approval will be considered at a future meeting contingent upon the State Water Commission’s decision on the cost share proposal the City has requested for the 2023-2024 water main project. ANALYSIS AND FINDING OF FACTS: In review from the Capital Improvement Review Group, its determined that making such an investment into the infrastructure at the Devils Lake Regional Airport would not prevent the City from making its own essential infrastructure investments it has identified for the next 3-4 years. ATTACHED: - Project Summary Sheet - Capital Improvement Funding Framework City of Devils Lake - Capital Improvement Plan Funding Framework Updated 4/3/2023 Project - Scheduled Project - Flexible Project - Other Funding Prarie Dog Fund 2023 2024 2025 2026 2027 2028 2029 2030 2031 Start Balance $ 3,662,173 $ 2,017,590 $ 194,890 $ - $ - $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 Revenue $ 1,152,742 $ - $ 2,500,000 $ - $ 2,500,000 $ - $ 2,500,000 $ - $ 2,500,000 Transfer In $ 45,610 Projects Existing Project Pay-Off (4312) $ (513,568) Existing Project Pay-Off (4528, 4530) $ (1,156,798) Airport Runway/Taxiway Project $ (1,126,959) Mill & Overlay - West Side $ (1,822,700) Mill & Overlay - Original Townsite $ (1,240,500) New Const. - Hospital Development $ (1,500,000) $ (1,500,000) New Const. - Industrial Park $ (2,500,000) End Balance $ 2,017,590 $ 194,890 $ - $ - $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 3,500,000 City Sales Tax 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Sales Tax (+2%/yr) $ 4,100,000 $ 4,182,000 $ 4,265,640 $ 4,350,953 $ 4,437,972 $ 4,526,731 $ 4,617,266 $ 4,709,611 $ 4,803,803 26% Sales Tax $ 1,066,000 $ 1,087,320 $ 1,109,066 $ 1,131,248 $ 1,153,873 $ 1,176,950 $ 1,200,489 $ 1,224,499 $ 1,248,989 29% Sales Tax $ 1,189,000 $ 1,212,780 $ 1,237,036 $ 1,261,776 $ 1,287,012 $ 1,312,752 $ 1,339,007 $ 1,365,787 $ 1,393,103 31% Sales Tax $ 1,271,000 $ 1,296,420 $ 1,322,348 $ 1,348,795 $ 1,375,771 $ 1,403,287 $ 1,431,352 $ 1,459,979 $ 1,489,179 33% Sales Tax $ 1,353,000 $ 1,380,060 $ 1,407,661 $ 1,435,814 $ 1,464,531 $ 1,493,821 $ 1,523,698 $ 1,554,172 $ 1,585,255 Bond Payments - Infrastructure 5483 Mauve Est. $ 7,517 $ 7,517 $ 7,517 $ 7,517 $ 7,517 $ 7,517 $ - $ - $ - 5485 Various St Imp $ 48,671 $ 48,671 $ 48,671 $ 48,671 $ 48,671 $ 48,671 $ 48,671 $ 48,671 $ 48,671 5492 Highland/Agassiz $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 5493 Cenex $ 20,942 $ 20,942 $ 20,942 $ 20,942 $ 20,942 $ 20,942 $ 20,942 $ 20,942 $ 20,942 8008 Beautification $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 4019 Flood Protection $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 2033 Miscellaneous $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 150,000 Total $ 647,130 $ 597,130 $ 597,130 $ 597,130 $ 597,130 $ 597,130 $ 589,613 $ 589,613 $ 639,613 Remaining 26% $ 418,870 $ 490,190 $ 511,936 $ 534,118 $ 556,743 $ 579,820 $ 610,876 $ 634,886 $ 609,376 Remaining 29% $ - $ 615,650 $ 639,906 $ 664,646 $ 689,882 $ 715,622 $ 749,394 $ 776,174 $ 753,490 Remaining 31% $ - $ 699,290 $ 725,218 $ 751,665 $ 778,641 $ 806,157 $ 841,739 $ 870,366 $ 849,566 Remaining 33% $ - $ 782,930 $ 810,531 $ 838,684 $ 867,401 $ 896,691 $ 934,085 $ 964,559 $ 945,642 General Infrastructure Fund 2023 2024 2025 2026 2027 2028 2029 2030 2031 Start Balance $ 864,006 $ 567,332 $ 397,588 $ 359,240 $ 64,109 $ 44,219 $ 504,416 $ 378,255 $ 966,523 Sales Tax Revenue (31%) $ 418,870 $ 699,290 $ 725,218 $ 751,665 $ 778,641 $ 806,157 $ 841,739 $ 870,366 $ 849,566 Non-Bonded Debt Service Revenue $ 131,910 $ 130,278 $ 113,902 $ 108,203 $ 101,669 $ 96,140 $ 92,100 $ 87,901 $ 83,067 New Special Assessment Revenue $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Transfer In $ - $ - $ - $ - $ - $ - $ - $ - $ - Projects Existing Project Pay-Off (4220) $ (2,175) Existing Project Pay-Off (4351) $ (67,833) Existing Project Pay-Off (4516) $ (102,235) Existing Project Pay-Off (4520) $ (1,063) City Curb, Gutter & Sidewalk Program $ (60,000) $ (60,000) $ (60,000) $ (60,000) $ (60,000) $ (60,000) $ (60,000) $ (60,000) Stromquist Storm Sewer Improvements $ (461,428) 14th Ave NE/14th St NE $ (152,720) DLWTP SCADA Upgrades $ (100,000) New Const. - Stromquist Paving $ (889,313) $ (296,438) Ford Lift Station Improvements - Splash Pad $ (100,000) Seal Coat - Various (2021 & 2022 Projects) $ (475,420) Mill & Overlay - Original Town Site (Transfer Out) $ (45,610) Lead Service Line Replacement $ (50,000) $ (50,000) $ (50,000) $ (50,000) $ (50,000) Inert Landfill Expansion $ (350,000) $ (350,000) $ (300,000) Mill & Overlay - South Side $ (1,095,000) $ (200,000) Seal Coat - Various (2023 & 2024 Projects) $ (336,710) Mill & Overlay - 10th St, 12th Ave (Urban) $ (303,490) Mill & Overlay - 14th St, 14th Ave (Urban) $ (177,100) New Const. - 14th St, 14th Ave (Urban) $ (205,000) Ford Lift Station Improvements - Capacity $ (1,000,000) Downtown Alley Mill & Overlay $ (210,000) Downtown Parking Lot Mill & Overlay $ (150,000) End Balance $ 567,332 $ 397,588 $ 359,240 $ 64,109 $ 44,219 $ 504,416 $ 378,255 $ 966,523 $ 1,949,156 Water Source Replacement Fund 2023 2024 2025 2026 2027 2028 2029 2030 2031 Start Balance $ 3,425,467 $ 3,695,467 $ 3,965,467 $ 1,865,528 $ 2,135,528 $ 2,405,528 $ 1,059,528 $ 1,329,528 $ 1,599,528 Revenue $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 Projects Water Main Replacement - West Side $ (714,475) Water Main Replacement - South Side $ (1,655,464) Water Main Replacement - 4th St, 5th St, 6th St $ (1,616,000) End Balance $ 3,695,467 $ 3,965,467 $ 1,865,528 $ 2,135,528 $ 2,405,528 $ 1,059,528 $ 1,329,528 $ 1,599,528 $ 1,869,528 City of Devils Lake - Capital Improvement Plan Project Summary Updated 4/3/2023 Project - Scheduled Project - Flexible Project - Other Funding 2023 Non-Local 2023 Watermain Replacement Total Cost Local Share Share 2022/2023 Watermain Replacement - West Side $ 612,500 $ 318,500 $ 294,000 2022/2023 Watermain Replacement - West Side 2022 Reimbursement $ - $ (366,000) $ 366,000 2023/2024 Watermain Replacement - South Side, 2nd St NE $ 1,714,632 $ 827,732 $ 886,900 2023 Watermain Replacement Total: $ 2,327,132 $ 780,232 $ 1,546,900 Non-Local 2023 New Construction Total Cost Local Share Share Subgrade Repair & Gravel Overlay - 14th St NE/14th Ave NE $ 700,520 $ 152,720 $ 547,800 2023 New Construction Total: $ 700,520 $ 152,720 $ 547,800 Non-Local 2023 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - DLWTP SCADA Upgrades $ 100,000 $ 100,000 $ - Stromquist Storm Sewer Improvements $ 461,428 $ 461,428 $ - 2023 Miscellaneous Construction Total: $ 621,428 $ 621,428 $ - 2023 Total: $ 3,649,079 $ 1,554,379 $ 2,094,700 2024 Non-Local 2024 Mill & Overlay Total Cost Local Share Share Mill & Overlay - West Side $ 1,822,700 $ 1,822,700 $ - 2024 Mill & Overlay Total: $ 1,822,700 $ 1,822,700 $ - Non-Local 2024 Watermain Replacement Total Cost Local Share Share 2023/2024 Watermain Replacement - South Side, 2nd St NE $ 1,714,632 $ 827,732 $ 886,900 2024 Watermain Replacement Total: $ 1,714,632 $ 827,732 $ 886,900 Non-Local 2024 New Construction Total Cost Local Share Share New Construction - 8th Ave SE, 9th AVE SE, 10th Ave SE, 16th St SE, 17th St SE $ 2,788,750 $ 1,185,750 $ 1,603,000 2024 New Construction Total: $ 2,788,750 $ 1,185,750 $ 1,603,000 Non-Local 2024 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - Ford Storm Sewer Lift Station Improvements - Remove/Replace Splash Pad $ 100,000 $ 100,000 $ - 2024 Miscellaneous Construction Total: $ 160,000 $ 160,000 $ - 2024 Total: $ 6,486,082 $ 3,996,182 $ 2,489,900 City of Devils Lake - Capital Improvement Plan Project Summary Updated 4/3/2023 Project - Scheduled Project - Flexible Project - Other Funding 2025 Non-Local 2025 Mill & Overlay Total Cost Local Share Share Mill & Overlay - Original Townsite $ 1,240,500 $ 1,240,500 $ - 2025 Mill & Overlay Total: $ 1,240,500 $ 1,240,500 $ - Non-Local 2025 Seal Coat Total Cost Local Share Share Seal Coat - Various Locations (2021 & 2022 Projects) $ 475,420 $ 475,420 $ - 2025 Seal Coat Total: $ 475,420 $ 475,420 $ - Non-Local 2025 New Construction Total Cost Local Share Share New Construction - Hospital Development (Lighting, Roadway, Sewer, Water) $ 3,000,000 $ 3,000,000 $ - 2025 New Construction Total: $ 3,000,000 $ 3,000,000 $ - Non-Local 2025 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - Inert Landfill Expansion $ 1,000,000 $ 1,000,000 $ - Lead Service Line Replacement $ 50,000 $ 50,000 $ - 2025 Miscellaneous Construction Total: $ 1,110,000 $ 1,110,000 $ - 2025 Total: $ 5,825,920 $ 5,825,920 $ - 2026 Non-Local 2026 Mill & Overlay Total Cost Local Share Share Mill & Overlay - South Side $ 1,295,000 $ 1,295,000 $ - 2026 Mill & Overlay Total: $ 1,295,000 $ 1,295,000 $ - Non-Local 2026 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - Lead Service Line Replacement $ 50,000 $ 50,000 $ - 2026 Miscellaneous Construction Total: $ 110,000 $ 110,000 $ - 2026 Total: $ 1,405,000 $ 1,405,000 $ - 2027 Non-Local 2027 Mill & Overlay Total Cost Local Share Share Mill & Overlay - 12th Ave SE, 12th Ave NE, 5th St SE, 10th St NE $ 1,517,450 $ 303,490 $ 1,213,960 2027 Mill & Overlay Total: $ 1,517,450 $ 303,490 $ 1,213,960 Non-Local 2027 Seal Coat Total Cost Local Share Share Seal Coat - Various Locations (2024 & 2025 Projects) $ 336,710 $ 336,710 $ - 2027 Seal Coat Total: $ 336,710 $ 336,710 $ - Non-Local 2027 Water Main Replacement Total Cost Local Share Share Water Main Replacement - 5th Ave NE, 4th St NE, 5th St NE, 6th St NE $ 3,232,000 $ 1,616,000 $ 1,616,000 2027 Water Main Replacement Total: $ 3,232,000 $ 1,616,000 $ 1,616,000 Non-Local 2027 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - Lead Service Line Replacement $ 50,000 $ 50,000 $ - 2027 Miscellaneous Construction Total: $ 110,000 $ 110,000 $ - 2027 Total: $ 5,196,160 $ 2,366,200 $ 2,829,960 City of Devils Lake - Capital Improvement Plan Project Summary Updated 4/3/2023 Project - Scheduled Project - Flexible Project - Other Funding 2028 Non-Local 2028 Mill & Overlay Total Cost Local Share Share Mill & Overlay - 14th Ave NE, 14th St NW $ 885,500 $ 177,100 $ 708,400 2028 Mill & Overlay Total: $ 885,500 $ 177,100 $ 708,400 Non-Local 2028 New Construction Total Cost Local Share Share New Construction - 14th Ave NE, 14th St NE $ 1,025,000 $ 205,000 $ 820,000 2028 New Construction Total: $ 1,025,000 $ 205,000 $ 820,000 Non-Local 2028 Miscellaneous Construction Total Cost Local Share Share City Curb & Gutter Replacement Program $ 10,000 $ 10,000 $ - City Sidewalk Replacement Program $ 50,000 $ 50,000 $ - Lead Service Line Replacement $ 50,000 $ 50,000 $ - 2028 Miscellaneous Construction Total: $ 110,000 $ 110,000 $ - 2028 Total: $ 2,020,500 $ 492,100 $ 1,528,400 Non-Local Total Cost Local Share Share 2023-2028 Mill & Overlay Total: $ 6,761,150 $ 4,838,790 $ 1,922,360 2023-2028 Seal Coat Total: $ 812,130 $ 812,130 $ - 2023-2028 New ConstructionTotal: $ 7,514,270 $ 4,543,470 $ 2,970,800 2023-2028 Misc. Construction Total: $ 2,221,428 $ 2,221,428 $ - 2023-2028 Watermain Replacement Total: $ 7,273,763 $ 3,223,963 $ 4,049,800 2023-2028 Total: $ 24,582,741 $ 15,639,781 $ 8,942,960  City of Devils Lake 423 6th St NE PO Box 1048 Devils Lake, ND 58301 www.dvlnd.com RESOLUTION TO ASSIGN AND REMOVE FISCAL AGENTS FOR DEVILS LAKE MUNICIPAL COURT BE IT RESOLVED that James Moe, the President of the City Commission for the City of Devils Lake, Peter Halbach, Municipal Court Judge, Spencer Halvorson, City Administrator/Auditor, and Brina Schuh, Deputy Auditor are authorized fiscal agents for Devils Lake Municipal Court and authorized to sign checks on behalf of the Court. BE IT RESOLVED that former officials Richard Johnson, Linda Lybeck, and Patricia Knutson are removed as fiscal agents for the Devils Lake Municipal Court. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The City has assigned new and removed old fiscal agents for Devils Lake Municipal Court. Adopted this 3rd day of April, 2023. ATTEST: CITY OF DEVILS LAKE ________________________ _______________________ Spencer Halvorson Jim Moe, President City Administrator/Auditor Devils Lake City Commission The motion for the adoption of the foregoing resolution was duly made by Commissioner __________________, seconded by Commissioner __________________ and upon vote being taken thereon, the following voted in favor: Commissioners ____________________________________________, the following voted against the same: _______________________________________, and the following were absent: ____________________________; whereupon said resolution was declared duly passed and was signed by the President of the City Commission and by the City Auditor. Summary of Renaissance Zone Project 24-DL: This is for an application from Schoepp Family Chiropractic, PC for lease of office space from Dr. Debra Storms at 103 College Drive N, in Renaissance Zone Block 28. The potential benefit is a five-year income tax exemption for the business. The property was previously approved for RZ Project 23-DL for Dr. Debra Storms’ purchase of the building. 02/09/2023  ORDINANCE NO. __________ AN ORDINANCE which will annex to the City of Devils Lake the property described in said ordinance. BE IT ORDAINED by the City Commission of the City of Devils Lake, North Dakota, pursuant to the Home Rule Charter of the City of Devils Lake, that the City is in receipt of a Petition submitted by the City of Devils Lake as owner of not less than three-fourths (3/4) in assessed value of the property to be annexed, and pursuant to N.D.C.C. § 40-51.2-03, this ordinance is hereby enacted to annex the property set out in said petition and described as follows, to-wit: Parcels of land situated in Section 26, 27 and 35, Township 154 North, Range 64 West of the 5th p.m., Ramsey County, North Dakota, described as follows: Those parcels of land described in Documents #280599, #280600, #280601, and #280602, such Documents hereby filed in the office of the Ramsey County Recorder, Devils Lake, ND Upon annexation, the parcels of land shall be zoned as Public. Passed First Reading: ______________________ Passed Second Reading: ______________________ Final Passage and Adoption: ______________________ CITY OF DEVILS LAKE By:___________________________________ Jim Moe, President Devils Lake City Commission ATTEST: ______________________________________ Spencer Halvorson City Administrator/Auditor DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B MEMO TO: Chad Orn Deputy Director for Planning FROM: Marohl, Sengaroun H., 328-4449 Local Government Division DATE: 03/24/2023 SUBJECT: Cost Participation, Construction and Maintenance Agreement for Project SU-CVD-3-982(041) PCN 23693 This contract is a Cost Participation, Construction and Maintenance (CPM) agreement with City of Devils Lake on 14th St NE (5th Ave-14th Ave) and 14th Ave NE(10th St-14th St) project. Contract # 38230362 • The type of work is Gravel Restoration • The CVD Federal Funds for this project is limited to $237,800 and SU Federal Funds for this project is limited to $ 310,000. • Any costs over the above limited amount will be City responsibility. • No one time changes on the standard agreement template. 38/sm Contract routing: Seng Marohl - Contract Owner Stacey Hanson Paul Benning Shannon Sauer Mike Grafsgaard - Devils Lake City Engineer City of Devils Lake Officials Seng Marohl Legal Chad Orn Stacey Hanson DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B NDDOT Contract No. 38230362 North Dakota Department of Transportation COST PARTICIPATION, CONSTRUCTION, AND MAINTENANCE AGREEMENT LPA FEDERAL AID PROJECT Federal Award Information – to be provided by NDDOT Assistance Listing No: 20.205 Assistance Listing Title: Highway Planning & Construction Award Name: Federal Aid Highway Program Awarding Fed. Agency: Federal Highway Admin NDDOT Program Mgr: Marohl, Sengaroun Telephone: 701-328-4449 Notice to Subrecipients: Federal awards may have specific compliance requirements. If you are not aware of the specific requirements for your award, please contact your NDDOT Program Manager. For NDDOT use only. FHWA Authorization date: Project No. SU-CVD-3-982(041) PCN: 23693 LPA: CITY OF DEVILS LAKE Location: DEVILS LAKE 14TH ST NE(5TH AVE-14TH AVE) AND 14TH AVE NE (10TH ST-14TH ST) Type of Improvement: GRAVEL RESTORATION Length: 0.92 MILE This agreement is between the state of North Dakota, acting by and through its Director of Transportation, hereinafter referred to as NDDOT, whose address is 608 East Boulevard Avenue, Bismarck, North Dakota 58505-0700, and the Local Public Agency (LPA) of City Devils Lake, North Dakota, hereinafter referred to as the LPA, who agree that: It is in the best interest of both parties to have the LPA construct and maintain this project according to the terms and conditions set forth in this agreement. NDDOT will assist the LPA with the preparation and distribution of the bid documents and include the project in a scheduled bid opening. The LPA agrees to the terms and conditions required for this project by the Federal Highway Administration (FHWA). NDDOT will procure federal funds for the construction of the project, pursuant to Title 23 of the United States Code. Federal funds obligated for this project shall not exceed 80.93 percent of the total eligible project cost up to a maximum of $310,000 (SU federal funds) and $237,800 (100% CVD federal funds). The balance of the project is the obligation of the LPA. Additional Funding Clause None. The total eligible project costs include the cost of those items shown in the engineer’s detailed estimate as approved for federal funds and any project changes approved by NDDOT for the use of federal funds. 1 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B Federal funds may not be obligated by the LPA, prior to FHWA approval of the program documents for the project. PART I LPA Obligation: 1. To comply with the Disadvantaged Business Enterprise (DBE) requirements established by NDDOT for the project. The LPA shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The LPA shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. NDDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the LPA of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et. Seq.). Include the following paragraph verbatim in any subcontracts they sign relative to this project: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the solicitation, award, and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as NDDOT deems appropriate. 2. To comply with requirements of 23 CFR Part 633, Required Contract Provisions, and 23 CFR Part 635, Construction and Maintenance. 3. To construct the project in conformity with the construction contract, changes to the plans shall meet the requirements of 23 CFR Part 625, Design Standards for Highways and the current edition of the NDDOT’s Local Government Manual. 4. To construct the project in conformity with the approved environmental documents and provide for the implementation of any measures mitigating the environmental impact of the project. 5. To comply with the procedures outlined in the current edition of NDDOT’s Local Government Manual. 6. To comply with the current edition of NDDOT’s Right of Way Acquisition Procedures for Local Public Agency Federal Aid Projects. 7. The LPA will be responsible for any consideration, avoidance, and minimization of impacts upon real property related to this project, such as changes in the grades of streets, inconvenience to property or business, and any loss of light, air, view, access, egress, drainage, support, or nuisance, 8. To comply with the requirements of Appendices A and E of the Title VI Assurances, attached and incorporated by reference herein. 2 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B PART II Contracting and Construction: 1. On behalf of the LPA, NDDOT will: a. Prepare the bid package, solicit proposals, and include the project in a scheduled bid opening as provided in the North Dakota Century Code, Chapter 24-02. b. Evaluate the bids as to the sufficiency of Disadvantaged Business Enterprise (DBE) participation and the bidder’s good faith efforts in satisfying the requirements of the current edition of the DBE special provision, and 49 CFR Part 26. NDDOT shall have exclusive authority in evaluating the adequacy of DBE participation. c. Tabulate the bids and send to the LPA. d. Concur in the award of the contract, after the LPA has executed the contract, for the sole purpose of enabling the LPA to procure federal aid for the construction of the project. 2. The LPA will: a. Review bids to determine the lowest responsible bidder. b. Execute the contract. c. Distribute copies of the executed contract and contract bond to NDDOT. 3. During the construction of the project, the LPA will: a. Provide engineering services, material testing, and inspection of the work as required by the contract documents and the current editions of NDDOT’s Sampling and Testing Manual and the Standard Specifications for Road and Bridge Construction. b. Keep all project records and documentation as required in NDDOT’s current editions of the Construction Records Manual and the Construction Automated Records System. c. Make all records available to NDDOT and FHWA for inspection upon request. The LPA will submit all documents and records to NDDOT for review before final payment is made. NDDOT will maintain the project records for three years from the final voucher date of FHWA and then return them to the LPA. d. Be responsible for any changes in plan, character of work, quantities, site conditions, or any claim for extra compensation. NDDOT will review all contract adjustments to determine if the adjustments are eligible for federal aid. Federal aid shall be limited to the amount stated on page one of this agreement. PART III Post Construction: After the project is completed the LPA agrees to: 1. Control the length and location of curb openings for future entrances and to not permit the length of curb openings for entrances to exceed the length shown on the plans or as shown on a sketch of typical 3 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B entrances for similar entrances; and prohibit the construction or use of any entrances along the project within the LPA other than those shown on the plans, without prior approval of NDDOT. 2. Prohibit double parking and diagonal parking within the limits of the project. Additional parallel parking will be allowed within the limits of the project if designed considering the effects the added parking will have on the entire traffic corridor. The design will meet the requirements of 23 CFR Part 625, Design Standards for Highways. 3. If the traffic corridor intersects a state highway, the LPA must justify to NDDOT that any new access allowed will have minimal impact to the state highway. The design will meet the requirements of 23 CFR Part 625, Design Standards for Highways. 4. Prohibit the installation of traffic signals and pedestrian beacons on or in connection with the project, including those installed at the sole cost and expense of the LPA or by others, without NDDOT approval. 5. Maintain all traffic control devices on the project according to the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as supplemented and amended. 6. Restrict the speed limit on the project at or below the maximum design speed. Any changes to the speed limit will be pursuant to North Dakota Century Code, Chapter 39-09. 7. Provide maintenance to the completed project at its own cost and expense. 8. Prohibit access and encroachments upon the right of way pursuant to 23 CFR Part 1.23, Rights of Way, and Part 710 Subpart D, Right of Way, Real Property Management. PART IV General: 1. NDDOT will make all contract payments on behalf of the LPA. Payment will be made upon receipt of the engineer’s estimate. The LPA will reimburse NDDOT for payments made less the amount paid by FHWA. No costs will be incurred by NDDOT for the construction and maintenance of this project. If the LPA fails to reimburse NDDOT within 60 days after billing for funds advanced on behalf of the LPA, this document will constitute an assignment of funds now or hereafter coming into the hands of the state treasurer, which would otherwise be distributed to the LPA out of the highway tax distribution fund, NDCC 54-27-19. The state treasurer is hereby directed to pay NDDOT all such funds until the total equals the sum billed pursuant to this agreement. 2. The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. 3. No official, employee, or other person performing services for the LPA who is authorized to negotiate or approve any contract or subcontract in connection with the project shall have any financial or other personal interest in any such contract or subcontract. No officer or employee of such person retained by the LPA shall have any financial or other personal interest in any real property acquired for the project unless such interest is openly disclosed upon public records of NDDOT and of the LPA, and such officer, employee, or person has not participated in such acquisition for and in behalf of the LPA. 4. The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the state of that or any other provision. 4 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B 5. Entities that receive federal funds through NDDOT may be required to obtain an audit in accordance with 2 C.F.R. Part 200, Subpart F. A copy of such audit shall be submitted to NDDOT. Entities that spend less than $750,000 of federal funds from all sources may be subject to reviews by NDDOT at its discretion. Additionally, all entities receiving federal funds through NDDOT shall certify whether a Single Audit has been completed as part of the annual Federal award process. These requirements are applicable to counties, cities, state agencies, Indian tribes, colleges, hospitals, and non-profit businesses. 6. All notices, certificates, or other communications shall be sufficiently given when delivered or mailed, postage prepaid, to the parties at the respective places of business as set forth below or at a place designated hereafter in writing by the parties. Local Government Engineer ND Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 7. The LPA is advised that its signature on this contract or agreement certifies that any person associated therewith is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction on any matter involving fraud or official misconduct within the past three years. 8. This agreement constitutes the entire agreement between the parties. No waiver consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The LPA, by the signature below of its authorized representative, hereby acknowledges that the LPA has read this agreement, understands it, and agrees to be bound by its terms and conditions. 5 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B Executed by the LPA of _______________________________, North Dakota, the date last below signed. APPROVED: LPA of ______________________________ LPA/STATES ATTORNEY (TYPE OR PRINT) * SIGNATURE NAME (TYPE OR PRINT) DATE SIGNATURE * TITLE DATE ATTEST: AUDITOR (TYPE OR PRINT) SIGNATURE DATE Executed by the North Dakota Department of Transportation the date last below signed. NORTH DAKOTA APPROVED as to substance: DEPARTMENT OF TRANSPORTATION Paul Benning LOCAL GOVERNMENT ENGINEER (TYPE OR PRINT) DIRECTOR (TYPE OR PRINT) SIGNATURE SIGNATURE 3/24/2023 DATE DATE *Mayor, President or Chairperson of Commission CLA 19256 (Div. 38) L.D. Approved 4-12-93; 10-22 6 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B Project SU-CVD-3-982(041) CERTIFICATION OF LOCAL MATCH It is hereby certified that the LPA of ________________________ will provide non-federal funds, whose source is identified below, as match for the amount the LPA is obligated to pay under the terms of the attached agreement with the North Dakota Department of Transportation. The certified amount does not duplicate any federal claims for reimbursement, nor are the funds used to match other federal funds, unless expressly allowed by federal regulation. Non-Federal Match Funds provided by LPA. Please designate the source(s) of funds in the LPA budget that will be used to match the federal funds obligated for this project through the North Dakota Department of Transportation. Source: ________________________________________________________________________________ ________________________________________________________________________________ Executed at ____________________, North Dakota, the last date below signed. ATTEST: APPROVED: ______________________________ LPA of _________________________ AUDITOR (TYPE OR PRINT) ______________________________ _______________________________ SIGNATURE NAME (TYPE OR PRINT) ______________________________ _______________________________ DATE SIGNATURE *_______________________________ TITLE _______________________________ DATE *Mayor, President or Chairperson of Commission CLA 19256 (Div. 38) L.D. Approved 4-12-93; 1-23 7 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B NORTH DAKOTA DEPARTMENT OF TRANSPORTATION APPENDIX A OF THE TITLE VI ASSURANCES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The C ontractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the Contractor under the contract until the Contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 8 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B NORTH DAKOTA DEPARTMENT OF TRANSPORTATION APPENDIX E OF THE TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 9 of 9 CLA 19256 (Div. 38) DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B Risk Management Appendix Routine* Service Agreements with Sovereign Entities and Political Subdivisions of the State of North Dakota: Parties: State – State of North Dakota, its agencies, officers and employees Governmental Entity – The Governmental Entity executing the attached document, its agencies, officers and employees Governments – State and Government Entity, as defined above Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney’s fees which may in any manner result from or arise out of this agreement. Each party shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages: 1) Commercial general liability and automobile liability insurance – minimum limits of liability required of the Governmental Entity are $375,000 per person and $1,000,000 per occurrence. The minimum limits of liability required of the State are $375,000 per person and $1,000,000 per occurrence. 2) Workers compensation insurance meeting all statutory limits. 3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the undersigned State representative. The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under an agreement between that party and the non-public subcontractor, to: Defend, indemnify, and hold harmless the Governments, its agencies, officers and employees, from and against claims based on the vicarious liability of the Governments or its agents, but not against claims based on the Government’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by the Subcontractor to the Governments under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the Governments is necessary. Subcontractor also agrees to defend, indemnify, and hold the Governments harmless for all costs, expenses and attorneys' fees incurred if the Governments prevail in an action against Subcontractor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement. Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any nature which may in any manner arise out of or result from this agreement. The minimum limits of liability required are $375,000 per person and $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile liability policy as additional insureds. The Governments shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor. Said endorsement shall contain a “Waiver of Subrogation” waiving any right of recovery the insurance company may have against the Governments as well as provisions that the policy and/or endorsement may not be canceled or modified without thirty (30) days prior written notice to the undersigned representatives of the Governments, and that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. Section 54-12-08. Subcontractor’s insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insurance or self-retention maintained by the Governments shall be excess of the Contractor’s insurance and the Subcontractor’s insurance and shall not contribute with them. The insolvency or bankruptcy of the insured Subcontractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Subcontractor from meeting the retention limit under the policy. Any deductible amount or other obligations under the Subcontractor’s policy(ies) shall be the sole responsibility of the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and be placed with insurers rated “A-” or better by A.M. Best Company, Inc. The Governments will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be held responsible for ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. *See North Dakota Risk Management Manual, section 5.1 for discussion of “unique” and “routine” agreements. RM Consulted 2007 Revised 07-22 DocuSign Envelope ID: 3265D6D5-B95E-4A6E-AFEF-0929920A191B Certificate Of Completion Envelope Id: 3265D6D5B95E4A6EAFEF0929920A191B Status: Sent Subject: Contract #38230362: Please DocuSign: CPM Agreement for Devils Lake 14th St & 14th Ave project Contract Number: 38230362 PCN: 23693 Source Envelope: Document Pages: 12 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 2 Sengaroun Marohl AutoNav: Enabled 608 E Boulevard Ave EnvelopeId Stamping: Enabled Bismarck, ND 58505 Time Zone: (UTC-06:00) Central Time (US & Canada) smarohl@nd.gov IP Address: 165.234.92.5 Record Tracking Status: Original Holder: Sengaroun Marohl Location: DocuSign 3/24/2023 8:56:06 AM smarohl@nd.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO North Dakota Department of Location: DocuSign Transportation CLOUD Signer Events Signature Timestamp Stacey Hanson Sent: 3/24/2023 9:07:02 AM smhanson@nd.gov Viewed: 3/24/2023 9:22:29 AM Assistant Local Government Engineer Signed: 3/24/2023 9:23:09 AM Carahsoft OBO North Dakota Department of Signature Adoption: Pre-selected Style Transportation CLOUD Using IP Address: 165.234.252.245 Security Level: Email, Account Authentication (None), Authentication Authentication Details SMS Auth: Transaction: 7fe2ee9f-6af0-42cb-8338-e09acfdedc36 Result: passed Vendor ID: TeleSign Type: SMSAuth Performed: 3/24/2023 9:22:12 AM Phone: +1 701-527-8879 Electronic Record and Signature Disclosure: Not Offered via DocuSign Paul Benning Sent: 3/24/2023 9:23:12 AM pbenning@nd.gov Viewed: 3/24/2023 10:37:50 AM Local Government Director Signed: 3/24/2023 10:37:54 AM Security Level: Email, Account Authentication (None), Authentication Signature Adoption: Pre-selected Style Using IP Address: 165.234.253.12 Authentication Details SMS Auth: Transaction: 3700af69-1f02-40d3-b67f-5af7110171c7 Result: passed Vendor ID: TeleSign Type: SMSAuth Performed: 3/24/2023 10:37:45 AM Phone: +1 701-214-2502 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Shannon Sauer Sent: 3/24/2023 10:37:57 AM ssauer@nd.gov Viewed: 3/28/2023 1:17:19 PM Security Level: Email, Account Authentication Signed: 3/28/2023 1:17:29 PM (None), Authentication Signature Adoption: Pre-selected Style Using IP Address: 165.234.253.12 Authentication Details SMS Auth: Transaction: cdd125bb-2f9e-4fa0-b568-320b07319ab5 Result: passed Vendor ID: TeleSign Type: SMSAuth Performed: 3/28/2023 1:17:09 PM Phone: +1 701-426-9825 Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sengaroun Marohl smarohl@nd.gov Security Level: Email, Account Authentication (None), Authentication Electronic Record and Signature Disclosure: Not Offered via DocuSign Clint Morgenstern cdmorgenstern@nd.gov Security Level: Email, Account Authentication (None), Authentication Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Orn corn@nd.gov Security Level: Email, Account Authentication (None), Authentication Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Stacey Hanson smhanson@nd.gov Security Level: Email, Account Authentication (None), Authentication Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Sengaroun Marohl Sent: 3/24/2023 8:56:22 AM smarohl@nd.gov Viewed: 3/24/2023 9:00:41 AM Carahsoft OBO North Dakota Department of Completed: 3/24/2023 9:07:00 AM Transportation CLOUD Using IP Address: 165.234.252.245 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Agent Delivery Events Status Timestamp Michael Grafsgaard Sent: 3/28/2023 1:17:31 PM mikeg@dvlnd.com Viewed: 3/28/2023 3:50:55 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Legal Admin dotlegaladmin@nd.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Legal Admin dotlegaladmin@nd.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign District Engineer wdhanson@nd.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/24/2023 8:56:22 AM Envelope Updated Security Checked 3/24/2023 9:07:01 AM Envelope Updated Security Checked 3/24/2023 9:07:01 AM Payment Events Status Timestamps  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 3-Apr-23 VENDOR AMOUNT DUE Advance Auto Parts $57.90 Airside Solutions $744.69 Altru Health System $62.00 Amazon Capital Services $840.56 Aramark $606.57 AT & T $3,715.41 Bergstrom Electric $499.12 Butler Machinery Company $397.14 Capital One-Walmart $436.56 Capital One Trade Credit-Northern Tool $474.31 Capital One Trade Credit-Mac's $572.04 Corporate Technologies $3,069.47 Dakota Implement $9,957.99 Dakota Supply Group $348.60 Destiney Sandvik $25.00 DL Chamber of Commerce/Tourism $30,505.63 Devils Lake Park Board $47,230.48 Devils Lake Rodeo Club $15,000.00 Ferguson Waterworks $9,171.53 Galls $299.80 Grand Forks Fire Equipment $1,074.00 Grand Foks Fraternal Order of Police $60.00 Gessner Iron Works $506.32 Gleason Construction $184,427.58 HACH Company $600.43 Harold's Auto Marine & Electric Motor $2,520.40 Hawkins $50.00 Home of Economy $775.54 Homewood Suites $882.00 Ihry Insurance $39.00 Interstate Billing Service-Ironhide $650.91  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 3-Apr-23 VENDOR AMOUNT DUE J & M Displays $22,500.00 JB Vending $186.30 James Moe $35.00 John Deere Financial $6,064.08 Keller's Briteway $22.00 Klemestrud's Plumbing $3,930.85 KLJ Engineering $7,925.00 Lakeside Surveillance Lock & Key $4.25 LEAF $434.26 Leevers $27.80 Mark's Hwy2 Service $794.29 Motion Industries $1,061.63 Newby's Ace Hardware $6.98 Nodak Electric $2,090.24 North Dakota League of Cities $400.00 ND Fraternal Order of Police $465.00 Ottertail Power $21,620.98 Pomp's Tire Service $323.64 Prairie Truck & Tractor Repair $120.00 Powerplan OIB-RDO Equipment $1,745.64 Quill Corporaton $265.76 Radisson Hotel of Bismarck $172.80 Razor Tracking $75.00 Reslock Printing $700.56 Service Tire $848.32 Spencer Halvorson $115.08 Sue Schwab $119.00 Sweeney Controls Company $2,920.40 Tanya Weiler $1,000.00 Tractor Supply Credit Plan $81.04 Toshiba Business Solutions $17.70  LIST OF BILLS FOR THE CITY OF DEVILS LAKE 3-Apr-23 VENDOR AMOUNT DUE United States Postmaster $3,600.00 Usable Life $582.28 TOTAL LIST OF BILLS $395,856.86