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original property acquisition costs. Depending on the bidding results, the District can reject all bids and decide.. to sell through a real estate agent at that point. After checking with several city. administrators, Cliff has not found any special requirements governing the District's selection of a real estate agent in the event it is sold in that manner.. Paul. Ellefson stated that the District must be clear in their bidding requirements to avoid any conflicts of interest,. and Tracey. will provide staff with examples of policies that address conflict of interest issues. The Board expressed no objections to the recommendation.. CIP Maintenance/Repairs 2002 Project and Battle Creek Lake Flood Protection Project District staff met with Jay Bros on January 13 to discuss the remaining punch list items and the delays associated with these two projects. Brad Lindaman had arrived at the meeting and reported that the contractor's response to the completion of punch list items was good, with most items complete within three days of the meeting. The retainage dollars held by the District on the two projects comes close to the amount of liquidated damages that have accrued to this point, and it has generated concern that the contractor may choose not to fulfill the terms of the contracts. Tracey believed that Jay Bros desires to resolve these contract issues so that they will be considered for future work with the District. Discussion turned to additional assurances the District would expect to receive from Jay Bros in the event that they were determined to be the low bidder on a future project. Discussion was held on the option of terminating the two contracts with Jay Bros in order to seek other contractors to complete the work. Cliff stated that Jay Bros is basically caught up except for restoration work, and it would not be reasonable to expect them to complete those tasks until spring and after street load limits are lifted. Liquidated damages continue to accrue until completion. The consensus of the Board was to direct staff to advise Jay Bros that they will have until the end of May to complete the Battle Creek Lake Flood Protection Project and CIP Maint/Repairs 2002 Project, and the Board will make a decision at the June 4 meeting on what damages, if any, will be assessed. Motion: Roger Lake moved, Bob Johnson seconded, to approve Change Order #2 to the CIP Maintenance/ Repair 2002 Project, which represents a $4,349.00 increase in the contract price to furnish and install the manhole for the Owasso. Basin Low Flow Pipeline Cleanout. Motion carried. Education Program Update - New Item, Street Management Literature Review: The following. handouts were distributed by Louise Watson during her presentation. • Draft Street Management Literature Review, Analysis and BMP Recommendations Report (in preparation for the development of a District-wide Street Management for Water Quality Program Plan), last revised 2/5/03. • Gaal, Objectives and Policies Regarding Street Management for Safety and Water Quality, dated 2/5/03. To be used for discussion purposes between District, city, and county staff, resulting in agreement on the most practical, feasible, and broadly acceptable program. Louise stated that the literature review started out as a search for road salt impacts and since then., it has evolved into a broader concept that views streets as a collection system for stormwater and non-point-source pollutants. City surveys have been conducted on three occasions since 1998 to collect information on their street management practices. Cliff added that the NPDES Phase II process has been a real incentive for the cities to get involved. The District's January 10 NPDES Team Training Workshop was well-attended by a wide variety of city staff. In addition, the District has scheduled a meeting on February 10 to provide assistance to cities in preparing their MS4 permits, at which time the literature review will also be a topic of discussion. It is hoped that the working group of city staff that has taken shape since these events will help reach a consensus on street management issues and practices throughout the District. The District would like the cities to realize that they will spend less money at the upstream source of the problem compared to the cost of removing sediment from stormwater ponds downstream. 6. ADNIINISTRATOR'SREPQRT Clean Water Partners Award The District has been selected by the United States EPA as a Clean Water Partner for the 21S` Century, and Jack Frost has agreed to travel to Washington D.C. to accept the award on behalf of the District at a ceremony scheduled for February 18"'. Page 3 February 5, 2003, RWMWD Minutes