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cp03-14-2006 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 14, 2006 CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Gerhard Bode, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 28, 2006 Action - Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2006 2. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2006 MOTOR VEHICLE MONTHLY REPORT FOR JANUARY 2006 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JANUARY 30, 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12917 — RESOLUTION FOR PURCHASE (ROOFING AT WASTEWATER TREATMENT PLANT AND RUBBER CRACK REPAIR OF CITY STREETS) 2. RESOLUTION NO. 12918 — RESOLUTION AUTHORIZING CITY OF HUTCHINSON MEMBERSHIP TO HUTCHINSON AREA CHAMBER OF COMMERCE 3. ORDINANCE NO. 06-0428 — AN ORDINANCE APPROVING FRANCHISE AGREEMENT WITH HUTCHINSON CHAMBER OF COMMERCE FOR THE PURPOSE OF PERMITTING BANNERS ON CITY -OWNED STREETLIGHT POLES ALONG MAIN STREET/HWY 15 FROM FIRST AVENUE NE TO CENTURY AVENUE AND A ONE BLOCK PORTION OF WASHINGTON AVENUE WEST (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 06-0429 — AN ORDINANCE APPROVING REZONING OF TWO LOTS FROM C4 TO R2 FOR THE PURPOSE OF CONSTRUCTING A 48 -UNIT ADDITION ONTO THE CEDAR CREST ESTATES ASSISTED LIVING FACILITY LOCATED AT 225 SHADY RIDGE ROAD (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 06-0430 — AN ORDINANCE APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINE LOCATED BETWEEN 1408 AND 1412 HERITAGE AVENUE NW FOR THE PURPOSE OF COMBINING THE TWO LOTS INTO ONE LARGE LOT FOR THE CONSTRUCTION OF A SINGLE - FAMILY HOME (SECOND READING AND ADOPTION) 6. ORDINANCE NO. 06-0431 —AN ORDINANCE ESTABLISHING A PUBLIC ARTS COMMISSION (SECOND READING AND ADOPTION) CITY COUNCIL AGENDA — MARCH 14, 2006 •(c) CONSIDERATION FOR APPROVAL OF ON -SALE INTOXICATING LIQUOR AND CLUB LICENSES FOR 2006 (d) CONSIDERATION FOR APPROVAL OF RENEWING AIRPORT AGRICULTURAL LEASE WITH DAVID KIRKPATRICK (e) APPOINTMENTS TO PUBLIC ARTS COMMISSION (f) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR JOHN RODEBERG, DIRECTOR OF PUBLIC WORKS, TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION ANNUAL CONFERENCE AND EXPOSITION IN SAN ANTONIO, TEXAS FROM JUNE 11 -15, 2006 (g) CONSIDERATION FOR APPROVAL OF CHANGE ORDERNO.2 - LETTINGNO. 12, PROJECTNO. 05 -14 — REVERSE OSMOSIS SYSTEM PROCUREMENT (SALES TAX REDUCTION) Action — Motion to approve consent agenda 6. PUBLIC HEARINGS — 6:00 P.M. 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE ON NEW UTILITY BILLING SYSTEM No action. 8. UNFINISHED BUSINESS NEW BUSINESS (a) PRESENTATION BY TOM KLOSS, DIRECTOR OF INFORMATION TECHNOLOGY, ON CITY COUNCIL OBJECTIVE OF MARKETING COMMUNITY FACILITIES No action. (b) CONSIDERATION FOR APPROVAL OF PROPOSAL FROM PUBLIC STRATEGIES FOR BUDGETING FOR OUTCOMES PROCESS ASSISTANCE Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENT WITH WOLD ARCHITECTS FOR DESIGN SERVICES FOR WASTWATER TREATMENT FACILITY ADMINISTRATION BUILDING IMPROVEMENTS Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF ACCEPTING OFFER OF FOUR LIGHTPOLES FOR HOLOPHANE AND AMERICAN ELECTRIC LIGHTING Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENT WITH DONOHUE & ASSOCIATES FOR WASTEWATER FACILITIES PLAN AMENDMENT Action — Motion to reject — Motion to approve (f) CONSIDERATION OF SETTING JOINT MEETING WITH MCLEOD COUNTY BOARD OF COMMISSIONERS FOR APRIL 11, 2006, AT 3:30 P.M. AT CITY CENTER 2 CITY COUNCIL AGENDA — MARCH 14, 2006 . Action — Motion to reject — Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN • • 3 • MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 28, 2006 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook c t e meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Ken Merrill, Finance Director, John Rodeberg, Public Works Director and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 14, 2006 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS. AND COMMISSIONS 1. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JANUARY 17, 2006 2. PLANNING COMMISSION MINUTES OF JANUARY 17, 2006 3. PIONEERLAND LIBRARY BOARD MINUTES FROM NOVEMBER 17, 2005 4. BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 5. HUTCH NSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 17, 2006 6. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR JANUARY 2006 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2006 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2006 9. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JANUARY 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12913 — RESOLUTION TO SELL SURPLUS PROPERTY 2. RESOLUTION NO. 12916 — RESOLUTION FOR PURCHASE (SKIDSTEER LOADER) 3. ORDINANCE NO. 05 -0424 - CONSIDERATION OF AMENDMENT TO THE ORDINANCE REGARDING LOT COVERAGE IN THE RI, R2 AND R3 DISTRICTS - SINGLE AND TWO FAMILY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION) • (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT AND REZONING OF TWO LOTS FROM C4 CITY COUNCIL MINUTES— FEBRUARY 28, 2006 TO R2 FOR THE PURPOSE OF CONSTRUCTING A 48 -UNIT ADDITION ONTO THE CEDAR CREST ESTATES ASSISTED LIVING FACILITY LOCATED AT 225 SHADY RIDGE ROAD WITH FAVORABLE RECOMMENDATION AND CONDITIONAL USE PERMIT FOR MODIFYING THE HIGHWAY 7 ACCESS WITH UNFAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12914 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0429 FOR MARCH 14, 2006) 2. CONSIDERATION OF A REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINE LOCATED BETWEEN 1408 AND 1412 HERITAGE AVENUE NW FOR THE PURPOSE OF COMBINING THE TWO LOTS INTO ONE LARGE LOT FOR THE CONSTRUCTION OF A SINGLE - FAMILY HOME WITH FAVORABLE RECOMMENDATION RIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 6 -0430 FOR MARCH 14, 2006) 3. CONSIDERATION OF A VARIANCE WITH UNFAVORABLE RECOMMENDATION AND CONDITIONAL USE PERMIT WITH FAVORABLE RECOMMENDATION TO ALLOW CONSTRUCTION OF A 190 -FOOT MONOPOLE COMMUNICATIONS TOWER ON PROPERTY LOCATED AT 412 3 AVENUE NW (NEW DIMENSION PLATING) (ADOPT RESOLUTION NO. 12915) (d) APPOINTMENT OF BILL ARNDT TO JOINT PLANNING BOARD FOR 2006 (e) APPOINTMENT OF RANDY BULLERT TO SENIOR ADVISORY BOARD TO JANUARY 2009 (f) CONSIDERATION FOR APPROVAL OF SETTING BOARD OF EQUALIZATION FOR MAY 4, 2006, AT 4:30 P.M. (g) CONSIDERATION FOR APPROVAL OF CONSUMPTION & DISPLAY PERMIT RENEWAL FOR LITTLE CROW BOWLING LANES (h) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR MCLEOD COUNTY VOTTURE 414 ON APRIL 1, 2006, AT AMERICAN LEGION (i) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON APRIL 8, 2006, AT MCLEOD COUNTY FAIRGROUNDS 0) CONSIDERATION FOR APPROVAL OF PARADE PERMITS FOR AMERICAN LEGION POST 96 ON MAY 21, 2006, AND MAY 29, 2006 (k) CONSIDERATION OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1 — LETTING NO. 11, PROJECT NO. 05 -13 (WATER TREATMENT PLANT BIOLOGICAL TREATMENT — VESSEL MATERIAL REDUCTION) (1) CONSIDERATION OF CONSULTING CONTRACT WITH BOLTON & MENK, INC. FOR CONSTRUCTION STAKING SERVICES ON HIGHWAY 7 (m) CONSIDERATION OF CONSULTING CONTRACT WITH BRAUN INTERTEC FOR CONSTRUCTION TESTING SERVICES FOR 2006 IMPROVEMENTS Items 5(c)3, 5(f), and 5(k) were pulled for separate action. Motion by Arndt, second by Stotts, to approve consent agenda with the exception of the items listed above. Motion carried unanimously. Item 5) had further discussion. Mayor Cook clarified that the Board of Equalization meeting will be held • in the Council Chambers. uc0.) CITY COUNCIL MINUTES — FEBRUARY 28, 2006 . Motion by Stotts, second by Arndt, to approve Item 5(f). Motion carried unanimously. Item 5(c)3 had further discussion. Council Member Arndt noted that another individual had put up a similar tower with the same setbacks, however located in the joint planning area. Julie Wischnack, Director of Planning/Zoning/Building, explained that in the other application the property adjoins agricultural property and this application adjoins industrial property. Because of this, the setback requirements are not the same. Motion by Haugen, second by Stotts, to approve Item 5(c)3. Motion carried unanimously. Item 5(k) had further discussion. John Rodeberg explained that this item was discussed at ,a meeting in November, however no formal action was taken to approve it. Motion by Stotts, second by Haugen, to approve Item 5(k). Motion carried unanimously. 6. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT WITH HUTCHINSON CHAMBER OF COMMERCE FOR THE PURPOSE OF PERMITTING BANNERS ON CITY -OWNED STREETLIGHT POLES ALONG MAIN STREET/HWY 15 FROM FIRST AVENUE NE TO CENTURY AVENUE AND A ONE BLOCK PORTION OF WASHINGTON AVENUE WEST (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 06 -0428 FOR MARCH 14, 2006) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that this project requires a franchise agreement because the proposal is to use public property. The City will place banners on street light poles for a fee compensated by the Chamber of Commerce. The total franchise agreement is for six years. The exhibit attached to the ordinance needs to be revised to more • accurately portray where the banners will be placed. Marc Vaillancourt, President of the Chamber of Commerce, informed the Council that the banners will be a three - series type with them changing three times a year. The banners will be purchased by private parties. June Wick, 535 Main Street, presented before the Council. Ms. Wick has concerns about the type of banners and hopes that advertising will not be part of the banners. John Rodeberg clarified that the tops of the banners will all look the same and the bottom portion will indicate the purchaser. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously Marc Sebom noted that the Council should be thinking about the amount of the franchise fee they would like imposed. Motion by Stotts, second by Arndt, to waive first reading and set second reading and adoption of Ordinance No. 06 -0428 for March 14, 2006. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF REPORT ON WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING NEEDS John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that a small group, including two council members, met with the architect and toured the facility. The architect explained the space needs and proposed design. To lower the cost, Mayor Cook questioned the addition of the extra garage and suggested expanding to the • south as opposed to the east so the parking lot does not need to be reconstructed. Mr. Rodeberg explained that these suggestions can definitely be proposed to the architect. 3 q CQ-) CITY COUNCIL MINUTES— FEBRUARY 28, 2006 • Motion by Stotts, second by Peterson, to approve report on Wastewater Treatment Facility Administration building needs. Motion carved unanimously. (b) PRESENTATION BY MILES SEPPELT, EDA DIRECTOR, ON 2005 HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY ANNUAL REPORT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the Hutchinson EDA exists for the purpose of business retention and expansion, downtown redevelopment, industrial park development, marketing and the Hutchinson Downtown Association. 14 business and retention visits were made in 2005. Downtown redevelopment projects included the Hutchinson Hotel, Historic State Theater, Liquor Hutch, downtown streetscape, and Cornerstone Commons. Mr. Seppelt also explained the EDA's loan and grant programs. Industrial Park development programs include property management of over 100 acres, assisting with two business start-ups and expansions, obtained JOBZ and making general park improvements. Marketing tools include an EDA web site and Community Venture Network. Mr. Seppelt also covered the internship program and the 2006 goals of the EDA. Mr. Seppelt noted that the investment of the Downtown Revitalization Plan has paid for itself many times over. Mayor Cook recommended recruiting bioscience and alternative energy businesses. (c) CONTINUED DISCUSSION OF 2007 BUDGET PARAMETER CONSIDERATIONS - OVERALL DOLLAR AMOUNT OR PERCENT INCREASE IN LEVY DOLLARS - NEW GROWTH DOLLARS LGA HOLDBACK - TAX RATE Mayor Cook distributed primary objectives that he would like to propose. They include: • - 3% maximum general fund levy increase 4.5% maximum general fund budget increase - determine the projected LGA allocation for 2008 (if decrease, reduce use of LGA in 2007 by half that amount and set that aside in the rainy day account; if no decrease projected, any remainder after reaching the general fund 4.5% increase limit will be used to lower the tax rate by 3%. Any additional remainder will go to the rainy day fund). - keep the following programs in the budget: Water Carnival funding, SWMF donation, Music in the Park, Arts & Crafts festival and mosquito control. Mayor Cook also suggested ten other miscellaneous items to consider for budget parameters. Motion by Stotts, second by Haugen to discuss this topic at the March 14, 2006, City Council workshop at 3:30 p.m. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 06 -0431 — AN ORDINANCE ESTABLISHING A PUBLIC ARTS COMMISSION (WAIVE FIRST READING AND SET SECOND READING.AND ADOPTION FOR MARCH 14, 2006) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that some weeks ago a presentation was given by the Public Arts Initiative regarding the need for regulating the processing of public art. Out of that presentation, the Initiative recommended establishing a Public Arts Commission, of which the Council favored. Mr. Sebora explained that the proposed ordinance establishing the Commission will require a board of five members and one City Council member, as well as three ex-officio members. The ordinance also describes the Commission's purpose and duties, which will be advisory to the City Council. • Motion by Peterson, second by Stotts, to approve waiving first reading and setting second reading and adoption of Ordinance No. 06 -0431 for March 14, 2006. Motion carried unanimously. 4 CITY COUNCIL MINUTES —FEBRUARY 28, 2006 • Mayor Cook noted that board members for the Public Arts Commission will be appointed at the next City Council meeting. Those interested in serving should contact the City Center. (b) CONSIDERATION FOR APPROVAL OF CONTRACT WITH PROFESSIONAL MOSQUITO CONTROL FOR 2006 MOSQUITO CONTROL SERVICES John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that $63,000 was included in the budget for mosquito control. The proposed contracts being considered tonight include spraying, larvae control, and barrier control, and add up to $39,600. Savings to the original budget are due to the timing of the spraying and a reduction in the scope. Based on discussions with Professional Mosquito Control, we will be proposing to restructure the budget to include the purchase of equipment and materials for barrier /event applications by City personnel and additional testing. Motion by Peterson, second by Stotts, to approve contract with Professional Mosquito Control for 2006 mosquito control services. John Rodeberg explained that the contractor is able to identify those properties that wish to have no mosquito control on their property. Additionally, the application would be conducted in the evenings. This is a one -year contract to review the effectiveness of the applications. Ed Doring, 1282 Rolling Oaks Lane, presented before the Council. Mr. Doring asked how often the applications would occur. John Rodeberg explained the contract is for weekly application when mosquitos are present. John Olson explained that the spray will break down in a matter of pa few hours. Mr. Doring asked about public safety. John Olson stated that the contractor has informed him that the spray is not harmful to humans nor to vegetation. Roll call vote was taken. Haugen — aye; Arndt — nay; Peterson — aye; Stotts — aye; Cook — aye. Motion carried 4 to 1. �0. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora — Mr. Sebora wished Julie Wischnack best of luck in her new job. Ms. Wischnack has been with the City for seven years. Mr. Sebora also spoke about the requirements to impose a local sales tax. One of the requirements is the approval of a resolution by the City Council. If any new bills should wished to be introduced at this year's session, they need to be submitted to the City's legislators by early -mid March. Council Member Stotts feels that this issue would need to be introduced at the next session. Additionally, Mr. Sebora stated that final passage of a local sales tax must be approved by the voters at a general election. Bill Arndt — Council Member Arndt also wished best of luck to Julie Wischnack. Mr. Arndt also stated that a committee meeting was held regarding the Luce Line Trail. This meeting was very favorable and groups are working well together. The group is asking for $1.7 million to blacktop the trail from Hutchinson to Winsted. Gary Plotz — Mr. Plotz noted that with Julie Wischnack leaving next week, his thoughts are to advertise to fill the Planning Director position. One suggestion he has received is to move some building inspection functions to the fire department. Additionally, he has requested that the Human Resources Director conduct a survey of other communities to see how their organizational structure is lined out. John Rodeberg — Mr. Rodeberg explained that Holophane Lighting is offering to donate four aluminum poles as a means to amend the miscommunication and late arrival of the poles on the downtown streetscape project. Staff is still attempting to negotiate with Holophane Lighting to include installation of the poles. A firm proposal will be presented to the Council at a future meeting. • Julie Wischnack expressed her appreciation to the City Council for their support over the last seven years. � [0) CITY COUNCIL MINUTES — FEBRUARY 28, 2006 • Ms. Wischnack also reminded the Council that a meeting is being held at the Hutch Hotel to discuss downtown from 7:30 a.m. — 9:00 am. on March 2, 2006. Also, a bus tour will be held with the Planning Commission the end of March. Steve Cook — Mayor Cook noted that he received a notice from Sheriff Vinkmeier that he will be retiring January 2007. Mayor Cook stated that he would like to hold a joint meeting with the City Council, School Board and County Commissioners to talk about issues each are facing, discuss any services being duplicated and possible partnerships. Motion by Arndt, second by Peterson, to authorize the City Administrator to set up a joint meeting with the school board and county commissioners. Motion carried unanimously. John Rodeberg noted that a steering committee has been established for the Hwy 15 Coalition. An application for funding is moving forward in conjunction with MnMOT for the area from Hutchinson to St. Cloud. General discussion was held regarding roundabouts on Hwy 7. An open house will be held on April 4, 2006, on this topic. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN •With no further business to discuss, motion made by Haugen, seconded by Stotts, to adjourn at 7:20 p.m. Motion carried unanimously. n U N (A to)� CITY OF HUTCHINSON COUNT OF BUILDING /.PLUNI.BING /MECHA.NICAL PERMITS ISSUED AND VALUATION FOR EACH MONTH OF 2006 SCa-� • Memo Toe Mayor and City Council Members From Brad Emans, Fire Chief Date: 03101/06 Re: Monthly Update on Activities of the Fire Department The fire deparhnent responded to 16 general alarms in the month of February. Example of a few of the calls: • We assisted the ambulance with snowmobile rollover injury accident. • We received a call that a smoke detector was going off in a house by a concerned neighbor, we received permission to make a forcible entry into the house. No fire was found. • We spent almost eight hours in 35 below wind -chill saving surrounding buildings after a fire consumed the barn in Hassan Valley Township. Three other departrnents, Silver Lake, Glencoe, and Brownton, assisted us. We have estimated the loss at $350,000. • We responded to a garage fire in the Northwest part of the city. The fire was arson. This is the second time in 10 months we have responded to the same type of fire at this location. • We responded to a Main Street oommercial fire that could have very easily destroyed an entire city block of buildings. An employee had left a candle burning at the end of the workday, the candle did burned all the way through the desk it was sating on. We got lucky on this calll • We assisted the utilities in shutting down an apartment building in the Southwest part of the city, very high levels of CO and unburned product were found in the utility room. It was very apparent that repair were made without the use of qualified repair people. This could have been a tragic event for our city! This is the breakdown of the calls for the month: City: Residential 3 Commercial/Industrial 5 Multifamily 2 School 1 Carbon Monoxide 1 Hazardous Material 2 Vehicle 0 Rescue 0 Medical 0 Grass 0 Sky Wam 0 Good Will 0 Mutual Aid 0 • 1 5to-) D- 4 % • Rural: Rescue 1 Grass Type 0 Medical 0 Residential 0 Farm Building 1 Hazardous Material Carbon Monoxide 0 Vehicle 0 Commercial/Industrial 0 Good Will 0 Drills I Meetings / Other Information • Our Lieutenant in charge of the rural equipment spent a good share of a Saturday rooming repairing the valves that froze and broke on one of the rural tankers after the bar fire. He was able to do the repairs and save the cost of taking the truck to a repair shop. • Two of our Lieutenants spent 12 hours plumbing in the used SCBA safety fill station that we purchased from the Apple Valley FD, in an effort to save the cost of outside contractors. • We conducted the annual meeting with our 48 retired firefighters. • We conducted our annual information — budget meeting with our Rural Fire District. The district represents 180 square mile in 8 townships and 2 small cities. • We conducted an OSHA required Blood bore Pathogen class for our firefighters. Fire Prevention I Public Relations We escorted the State Bound High School Dance Line out of town. • Page 2 5i!a)c). . MOTOR VEHICLE MONTHLY SUMMARY For the Month of. January 2006 2005 2006 Net Revenue: 15388.66 10464.33 Payroll Hours: 615.10 626.15 Net Revenue per hours worked: 25.02 16.71 Profits YTD: % Profit Margin YTD: -.36 -.46 Comments: Profits YTD and % Profit Margin YTD are in the minus at this time. ,5(a A3 Minutes Hutchinson Public Library Board Oanuary 30, 2006 Members present: Julie Jensen, John Paulsen, John Hassinger, Mary Henke (Ex- Officio), Kay Petersen, and Pioneerland Library System (PLS) representative Jack Sandberg Members absent: Larry Ladd, Janet Vacek and Kay Johnson President Julie Jensen called the meeting to order. The minutes from the November 28, 2005 were approved. Reports: 1. Jack Sandberg reported on the PLS Board meeting on January 19, 2006 A. Schedule for replacement of older computers for libraries in the system B. Automation proceeding C. Discussion of union contrail D. Ad Hoc Committee for Future Structures of PLS meeting regularly E. Major budget concern is low reserves F. Way of cooperating with other systems being explored 2. Mary Henke reported on the Ad Hoc Committee for Future Structures A. Budget summit with city and county administrators held to discuss library service, usage and needs B. Different ways to structure libraries examined and dif Brent finding options to be looked at C. Adding back of PLS staff over next 3 years being pursued Old Business: 1. Community forum —Dr. Mark Seeley will speak on global warming and climate change with April 25 set as the date for the presentation. 2. National Library Week will feature Doug Ohman on April 0 at 7:00 at Library 3. Focus group analysis creates 3 groups of concerns A. Partnerships with schools B. Public image of the library C. Services to non - English speaking residents New Business: 1. Discussion of board members to replace Larry Ladd and Kay Johnson whose 2' terms expire in April 2. Legislative Day is March 30 at the Capital in St. Paul Next meeting will be February 27at 4:30 p.m. Meeting adjourned. See agenda for listing of donations received in November and December 2005. •Respectfully submitted, John Hassinger, Co- Secretary 5k)� RESOLUTION NO. 12917 CITY OF HUTCHiNSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Roofing 31,296 Re -roof buildings W WTP YES Kandi Roofing 20,30,60, & 80 Rubber Crack Repair $25,000 Contracted street Street Yes Bargen Ine maintenance repair We following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: March 14, 2006 Resolution submitted for Council action Kenneth B. Merrill Wtion Made By: by Finance Director Seconded By: 5 t L1\1 • CITY OF HUTCHINSON RESOLUTION NO._ 12918 AUTHORIZING CITY OF HUTCHINSON MEMBERSHIP TO HUTCHINSON AREA CHAMBER OF COMMERCE WHEREAS, the Hutchinson City Council wants to promote the City of Hutchinson and, WHEREAS, the Hutchinson Area Chamber of Commerce does promote and advertise the resources and advantages of the City of Hutchinson, and; WHEREAS, the Hutchinson Area Chamber of Commerce has agreed to promote and advertise the resources and advantages for the City of Hutchinson including the all City Departments including the Hutchinson Utilities, Hutchinson EDA, and Liquor Hutch and; WHEREAS, the Hutchinson Area Chamber of Commerce has a fee structure to enable the Hutchinson Area Chamber of Commerce to do said promotion and, NOW THEREFORE, be it resolved by the City Council of the City of Hutchinson approves payment to the Hutchinson Area Chamber of Commerce • Adopted by the City Council this 14th day of March 2006. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook, Mayor Mm Ordinance No. 06 -0428 Publication No _ AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING FRANCHISE TO HUTCHINSON AREA CHAMBER OF COMMERCE, CVB, TO PERMIT BANNERS ON CITY OWNED STREET LIGHT POLES THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to Hutchinson Area Chamber of Commerce, CVB, hereafter referred to as Grantee, a franchise to place banners on City owned street light poles along Main Street/Hwy 15 from 1" Ave. N.E. to Century Ave. and a one block portion of Washington Ave. West. Section 2. The franchise is granted for a term of 6 year (s) commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved In addition, a yearly filing fee of must be paid. Furthermore, at the end of the franchise period, the City will allow the Hutchinson Area Chamber of Commerce, CVB, to renew the franchise agreement through a separate process. Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee will ensure that the highest quality of banners shall be used. Banners that fall into a state of disrepair, in the sole judgment of the Grantor, will be removed by the Grantor. Grantee shall bear the expense of and reimburse the City for the installation, changing and removal of the banners. Additionally, the Grantor agrees to allow the Grantee to provide banners for the areas depicted on Exhibit A. Section 5. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that �e installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 6. In the event that Hutchinson Area Chamber of Commerce, CVB, should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 7. The City may at the point of expiration of this franchise or for public purposes request that the encroachments be removed from the rights of way at the Grantees expense. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Hutchinson Area Chamber of Commerce. Adopted by the City Council, this 14" day of March. 2006. Mayor Attest: City Administrator Published in the Hutchinson Leader on First Reading: February 28, 2006 Second Reading: March 14. 2006 5LSJ3 PUBLICATION NO. • ORDINANCE NO. 06 -0429 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR TWO LOTS TO BE REZONED FROM C4 TO R2 LOCATED AT 225 SHADY RIDGE ROAD AND 1285 HWY 7 WEST THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby rezoned from C4 (Fringe Commercial) to R2 (Medium Density Residential) as requested by the property owners: LEGAL DESCRIPTION: 225 Shady Ridge Rd: That part of the Southwest Quarter of the Southwest Quarter. of Section Thirty-six (36) in Township One Hundred and Seventeen (117) North of Range Thirty (30) West, and more particularly described as follows, to-wit: Beginning at a point on the West line of said Southwest Quarter of said Section 36, said point lying north 491.40 feet from the Southwest Corner of said Southwest Quarter of Section 36; thence continuing North along said West line a distance of 170.00 feet; thence deflect right at an angle of 75 degrees 37 feet a distance of 200.00 feet; thence deflecting right at as angle of 104 degrees 23 feet a distance of 219.68 feet; thence deflect right at an angle of 90 degrees 00 feet a distance of 193.73 feet to the point of beginning. 1285 Hwy 7 W - That part of the Southwest Quarter of the Southwest Quarter of Section six (36) in Township • One Hundred and Seventeen (117) North of Range Thirty (301 West, de as follows, to -wit: Beginning at a point on the West line of the Southwest Quarter o?the Southwest Quarter of said Section 36, where said West line intersects the Northerly 75 foot right -of -way of Minnesota State Trunk Highway No. 22 and 7; said point Iving North 161.4 feet from the Southwest Comer of said Section 36; thence continuing North along said West line for 330 feet to a point; thence deflect right at an angle of 90 degrees 00 feet, a distance of 193.73 feet; thence South 60 degrees 20 feet East, for a distance of 222.94 feet to a point; thence South for a distance of 120 feet to the Northerly 75 foot right -of -way of said Trunk Highway No. 22 and 7; and thence Westerly along said right -of -way line, 4710 feet to the point of beginning. WHEREAS, the City Planning Commission and City Council have considered the effects of rezoning this piece of property; WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby officially rezones this property to R2 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 10 day of March, 2006. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor S0>)q Cm n U PUBLICATION NO. ORDINANCE NO. 06 -0430 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS ALONG THE PROPERTY LINE LOCATED BETWEEN 1408 AND 1412 HERITAGE AVE NW FOR THE PURPOSE OF COMBINING THE TWO LOTS INTO ONE LARGER LOT FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate utility and drainage easements located in Fairway Estates Second Addition. Section 2. That the utility and drainage easements to be vacated are described as follows: Vacate the 6.00 foot wide drainage and utility easement lying easterly of and adjoining the westerly line of Lot 12, Block 1, Fairway. Estates Second Addition, according to the recorded plat thereof. The northerly line of the easement to be vacated being the southerly line of the Northerly 10.00 feet of said Lot 12 and the southerly line of said easement to be vacated being the survey line in said Lot 12 as shown on said Fairway Estates Second Addition. and; Vacate the 6.00 foot wide drainage and utility easement lying westerly of and adjoining the easterly line of Lot 13, Block 1, Fairway Estates Second Addition, according to the recorded plat thereof. The northerly line of the easement to be vacated being the southerly line of the Northerly 10.00 feet of said Lot 13 and the southerly line of said easement to be vacated being the Survey line in said Lot 13 as shown on said Fairway Estates Second Addition. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 14'h day of March, 2006. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor 5c�� ORDINANCE NO. 06-0431 0 AN ORDINANCE ESTABLISHING PUBLIC ARTS COMMISSION §31.31 PUBLIC ARTS COMMISSION. (A) Establishment. (1) A Public Arts Commission is hereby established. (B) Purpose. The purpose of the Public Arts Commission shall include but not be limited to: (1) Establishing standards and guidelines for donations of public art to the City of Hutchinson; (2) Establishing the procedure for the maintenance of gifts of public art; (3) Evaluating funding sources, including public funding, for arts projects; (3) Determining the process of accepting or declining gifts of public art; (4) Establishing guidelines for the branding, naming and placard placement on gifts of public art; and (5) Ensuring that obsolete gifts of public art are properly disposed of; • (6) Providing forums to discuss public arts and/or architecture influences of projects. (C) Composition. (1) The Commission shall be composed of five members and one of whom shall be a member of the City Council and designated by the City Council. The Commission shall be active for a period of 18 months. The Director of Planning/Zoning/Building, the Director of Parks / Recreation /Community Education, and the Director of Economic Development Authority shall be ex -officio members. (D) Duties. (1) The Public Arts Commission shall act in an advisory capacity to the City Council for the City and shall make recommendations to the City Council on issues regarding public art within the city limits. Adopted by the City Council this 14m day of March, 2006. Mayor Steven W. Cook E ATTEST: Gary D. Plotz, City Administrator -5 L6) � C 0 To: Mayor and Council From: Melissa Starke Date: March 9, 2006 Subject: On -Sale Liquor Licenses /Club Liquor Licenses Hutchinson City Center Ill Hassan stmt SE Hutchinson, MN 55350-2522 320.587-5151/Faz 320-234 -4240 The following establishments have applied for 2006 liquor license renewals. The appropriate paperwork has been submitted and investigations of the premises have been conducted by the Fire Department. Please approve the following licenses: On -Sale Intoxicating Liquor License Gold Coin Flyers/Hi Tops Bar & Grill Lamplighter Lounge II Applebee's Neighborhood Grill & Bar Best Western Victorian Inn Club On -Sale Intoxicating Liquor License American Legion Post 96 Crow River Golf Club Elks Lodge VFW Post 906 Wine License Bavarian Haus - on recyded pq= - s6-) March 9, 2006 City of Hutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 To: Honorable Mayor & City Council From: John Olson, Public Works Superintendent Subject: Airport Agricultural Lease — Alfalfa Ground We recommend renewing our agricultural lease agreement with David Kirkpatrick, 16918 Co Rd 7, Hutchinson, MN. One of the keys to keeping the costs of our wastewater biosolids disposal operation as low as possible includes having alfalfa ground available during the summer. Alfalfa is a crop that efficiently uses the nitrogen found in biosolids. For years, we have used land on the west side of the airfield to grow alfalfa and for disposal of biosolids. David Kirkpatrick lives close to the airport, at the comer of Co Rd 7 and Co Rd 8. He has worked closely with us in the past to coordinate the needs of our biosolids disposal, and has been an asset to the airport in many other ways. Attached is the agreement for 2006 -2010, renewing the 2000 -2005 agreement that expired after the 2005 crop year. I will be available at the March 14 Council Meeting should you have any questions. THANK YOU. • Std) FARM LEASE AGREEMENT • THIS LEASE AGREEMENT, made this day of by and between the City of Hutchinson, a Minnesota Municipal Corporation, ("City', and David Kirkpatrick, 16918 Co Rd 7, Hutchinson, MN 55350, c Tenant' . 1. Pmp= Dption The City hereby rents to the tenant in consideration of the rents and promises hereinafter described the following property located in the County of McLeod and State of Minnesota, described as follows: (See Exhibit A) The property contains 24 tillable.acres, more or less. 2. Tom. The term of this Lease is for 5 years commencing on the In day of April, 2006 and terminating on the last day of October, 2010. 3. R= At the tenant's option, periodic payments may be made, providing full payment is received • by November 15 of each year. For and during the term of this Lease the following sums are payable by November 15 each year as follows: $65 per acre. Rent shall be paid at Hutchinson City Center, 111 Hassan St SE, Hutchinson, Minnesota and credited to appropriate accounts. Rent is calculated on 24 acres, as calculated using the City's Geographic Information system technology. Negotiated credits or disputes regarding tillable acres available are to be negotiated by the tenant and the City's Public Works Superintendent 4. City Responsibilities. City shall be responsible for paying or doing the following. a) The City's Wastewater Department shall purchase seed for alfalfa or other suitable hay crop, for use by the tenant, as determined by agreement between the tenant and the City's Wastewater Department b) The City's Wastewater Department shall cooperate with the tenant to the fullest extent possible to coordinate the application of hiosolids from the City's Wastewater Treatment plant. c) The City's Wastewater Department shall comply with all local, state, and federal regulations pertaining to the application of biosolids, • 1 SLd) 5. Tenant Responsibilities. Tenant shall be responsible for paying or doing the following. • a) For certain growing years, fields identified by the tenant and the City shall be tilled and re- seeded with alfalfa or other suitable hay crop. The tenant, in coordination with the City's Wastewater Department, shall determine which type of hay crop. b) Any applications of fertilizer by the tenant shall be coordinated with the City. The tenant shall not exceed quantities of fertilizer determined by the Wastewater Department c) The tenant shall pay rent in timely manner and keep the premises free of noxious weeds to the extent possible. d) The tenant shall coordinate with, and allow at the City Wastewater Department's discretion, the application of biosolids from the City's Wastewater Treatment Plant on fields leased by the tenant e) The tenant shall acquire and maintain insurance in adequate amounts for liability for the tenant's operations on the premises. The tenant, while performing any function related to this Lease, agrees to indemnify, save and hold harmless, and defend the City and all its agents and employees from any and all claims, demands, actions, or causes of action of whatever nature arising out of or reason of the operations of the tenant 6. Assig=ent Prohibited Tenant agrees not to assign or sublease the leased premises without the written consent of the City. • 7. may. If the tenant fails to pay the rent when due, or fails to perform any of the promises herein contained, the City may, after famishing the Tenant with a thirty (30) day notice • specifying the default, re -enter and take possession of the above property and hold or enjoy the same without such re- entering working a forfeiture of the rents to be paid by the Tenant for the full term of the Lease. 8. Quiet Eaj2=ent The City promises that the Tenant shall peaceably and quietly have, hold, and enjoy the leased property for the term of this Lease provided Tenant pays the rent and performs the promises described in Paragraph 5 above. 2 5(4) 9. This Lease Agreement shall be binding upon the parties hereto and their heirs, • successors and assigns. IN TESTIMONY WHEREOF, the City and Tenant have set their hands as of the day and year first above written. CITY OF HUTCHINSON DAVID KIRKPATRICK By: Steven Cook Its Mayor By: Gary Plotz Its City Administrator • Bv: John Olson Its Airport representative 3 5�d) Exhibit A • Agricultural Property Described as: Field A 3.6 acres No charge Field B 10.0 acres $65 per acre Field C 6.3 acres $65 per acre Field D 2.0 acres $65 per acre Field E 5.8 acres $65 per acre Rounding (0.1) acres TOTAL 24.0 acres (more or less) $65 per acre 2001: $1,560 Due in full by November 15, 2006 2002: $1,560 Due in full by November 15, 2007 2003: $1,560 Due in full by November 15, 2008 2004: $1,560 Due in full by November 15, 2009 • 2005: $1,560 Due in frill by November 15, 2010 0 Properties are located in Mcleod County, Lynn Township (T115N), Range 30 W, NE' /. of Section 13 and are identified on the attached map. 4 EDMONTON AVE. I • 34.1 cc. cc. \ \ \ Field #2 } IL D.la` 8.0 cc. ` `, 15.1 cc. I I * Field j5 I I i , 5.9 cc. , I - Field #4 _ 1.0 , cc. NET 1 , 9.7 cc. I r ` field /3 � 13.0 cc. , \` uh 1 ` 30.1, cc. ok 1.9 cc. I?- � �' 17.7 cc. 0 • 0 C Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350.1522 320.567- 5151/Fax 320.2344240 TO: Mayor and City Council FROM: John P. Rodeberg, Public Works Director RE: Consideration of Out -of -State Travel by Public Works Director John Rodeberg DATE: March 8, 2006 I would like to attend the American Water Works Association (AWWA) Annual Conference and Exposition in San Antonio, Texas from June 11 th to June 15"'. As previously noted to the Council, I have attended several out -of -state conferences/board meetings over the last few years through state and national boards that I belong to, however these were paid by the state, and I utilized my own time. The City's policy allows for consideration of requests once every other year. I have taken four out -of -state trips for conferences for the City in the 16 years I have worked here, the last being in 2003. Attached is a description of the conference, which is the premier national (and international) professional program and exposition related to water resources. Estimated Costs: Airfare /travel $ 395 Hotel $1,200 Conference Fee $ 735 (increases to $935 after March 1711) Meals $ 170 Est. Total $2,500 Funding is available in the budget (I budgeted $2,200 for a major conference this year and did not attend the budgeted City Engineer's Conference in January). _ Printed m.ecycWpaM- 5 ff) American Water Works Association ACE06 1 th American f �i j nniversa Water Works 1881 -2006 ry Eksoriation 5125 Years of Safe Water Page 1 of 2 2006 Annual Conference & Exposition r%av iv `,I June 11-15 2006 a San Antonio, Una J !ACE Home �Sessions Exposition Fiestat25pHighlights Host City For Exhibitors Register The World's Water Eve D ACE06 HQtel�esgrvlfSiQrsr ACE06 $es�ta[o>3 June 11 -15, 2006 Henry B. Gonzalez Convention Center EXP951 1p0 San Antonio, Texas FacilJty Sours Irdomati_Qn-al.Atte_n_dees The World's Water Events" Testimonials Setting the Standard for Protecting Public Health "As usual, the AWWA Annual On a spring day in 1881, along America's mightiest river, 22 scientists, Conference was awesome. A engineers, and educators gathered for the first time to discuss issues facing a fledgling water profession. On that day, the American Water great opportunity to learn Works Association (AWWA) was created. new things, meet new friends and renew old friendships. A mustl" AWWA's continual advancements spanning two centuries have paved Jill Green the way in setting new standards for protecting the public health. Environmental Engineer In 2006, 125 years stronger, we're not only the acknowledged industry leader, but also the largest organization of water professionals in the world. Our 57,000+ members look to AVWVA for the latest information on scientific trends, government policies, and regulations. At ACE06, you'll experience the collective strength of AWWA. For the past 125 years, AWWA and its Annual Conference and Exposition (ACE) has served as a source of knowledge and information for water professionals who work to improve the supply and quality of water in North America and beyond. ACE06 presenters are experts in the field, sharing cutting -edge research and exceptional best practices, on both universal topics and items specifically focused to meet your needs. The ACE06 Exposition gives you access to the latest products and services available to ensure the water quality the public expels. With more than 500 exhibitors on hand to answer your questions and educate you about the latest technology available, you'll gather valuable insight and contacts with companies whose goal is to help you improve your results. As you continue to grow and develop your career, put the power of The World's Water Event to work for you and your organization. Plan to attend the one event where you can get all the information you need, sharpen your skills, and replenish your passion to become better stewards of water for the greatest good of the people and the environment — ACE06, The World's Water Event! Come explore a world of ideas and innovation with your peers and leaders in the world of wat • 22 in -depth and interactive workshops to enhance your conference experience by allowing you to thoroughly examine the issues most pertinent to you and your work. • An unparalleled professional program with more than 98 sessions, comprised of more than 570 presentations representing the work of more than 1,000 experts in the water http: / /www.awwa.org/ace06/ 5 fck) 3/9/2006 American Water Works Association ACE06 Page 2 of 2 industry. See in person how local facilities are handling their operations, with 8 tours to choose from. More than 500 solution providers showcasing the latest products and services for all aspects of the water industry. Extensive networking opportunities to share your experiences with your fellow water a wastewater professionals designed to strengthen professional relationships and foster new ones. Dear Friends and Colleagues, I am pleased to invite you to celebrate "125 Years of Safe Water" at the 2006 American Water Works Association's Annual Conference and Exposition (ACE06), June 11 -15, 2006, in San Antonio, Texas. ACE06 is the World's Water Event, with the most extensive professional program in the industry and an exposition showcasing the latest and most significant water technology in the world. ACE06 will bring focus to the issues that matter most to you, including communicating the value of water service, managinc utility assets, solving water supply challenges, complying with new regulations and much mon As an ACE06 attendee, you will help author the next chapter in an AWWA success story that began 125 years ago, when the best thinkers in the water community came together with the goal of assuring a safe water supply. Today, we are the ones entrusted with the enormous responsibility of stewarding the water systems and resources passed on from previous generations. There is no better way to stay focused on this mission than to attend ACE06. Like my father, who served as AWWA president more than 20 years ago, I have found ACE tc be the best opportunity each year to sharpen my professional focus, network with colleagues, and share those invaluable personal moments with friends from the entire water community. I hope you, too, will join us in San Antonio for ACE06, celebrating 125 Years of Safe Water. Sincerely, Andy Richardson President, American Water Works Association Register Today! C� http: / /www.awwa.org/ace06/ 50 3/9/2006 0 • 0 TO: Mayor & City Council FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer Randy DeVries, Director of Water/Wastewater Operations RE: Consideration of Improvement Project Change Orders DATE: March 14, 2006 Upon determining the required sales tax associated with the reverse osmosis system equipment purchase, EarthTech has calculated the difference between the estimated and actual amounts. Thus, a reduction in costs will be incurred by the Contractor and refunded to the City. The following Change Order (see attached) will address this situation: • Change Order No. 2 — Letting No. 12/Project No. 05-14 — Water Treatment Improvements/Reverse Osmosis System Equipment Total project cost deduction is $56,218.52. We recommend that the above Change Order be approved as shown. cc: Gary Plotz — City Administmtor SrS� EarthTech •. ATrp wonfi" Ut Comm February 17, 2006 Randy DeVries, Director Water & Wastewater Operations City of Hutchinson 111 Hassan Street South East Hutchinson, Minnesota 55350 -2522 Re: Change Order No. 2 Reverse Osmosis System Procurement Letting No. 12/Project No. 05-14 Earth Tech Project No. 83357 Dear Mr. DeVries: 3033 Campus Drive r 763.551.1001 Suite 290 F 763.5511499 Minneapolis, MN 55441 www.earthtech.com We are forwarding, for your review and action, Change Order No. 2 for the referenced project. This change order reduces the Contract Price to reflect the difference between the estimated and actual sales tax related to the procurement. • The Seller and Earth Tech have already signed the change order. We recommend that the Council approve the change order at their next meeting. If approved by the City Council, please have all three originals signed by an authorized party and return two copies to our office for distribution. The third original is for the City's files Please contact our office if you have any questions regarding this matter. Sincere , Scott L Young, P.E. Program Manager cc: John Rodeberg, Director of Engineering & Public Works Dick Nagy, Water System Supervisor Kent Exner, City Engineer Enclosure: Change Order No. 2 L: lworkVMch 1833571oorres\ChangeOrderNo2 Transmittal 20060217.doc • �Si l CHANGE ORDER NO.2 ,,,,,, Tl FN 75 11 j'MF7,i. .., Ni•.: .:. s. •.:, r rVB You are dbecled to male the kUowmg chi in five Ca rtact Docamceam Descrivilcom Reduce Ca mmt Price by $56,21&52 to reflect aced sales lac. Reamn for Chan Order:. AdOd sales to wee kaa dm admabd sales tae CONTRACT PRICE CONTRACT TI MS MdtmT Date) To subauOtld TO fhod �mRh9h Origlad: 51.05435100 Od&k Prevbos C.O.s : S 9.000.00 Prarims C.Oa (ADD): uo to Aik (6) 090th T is C.O. (DEDUM $ 5621852 71tia CO. (ADD/D)?fl=1 Cactreot Prke with all REMM. appvwd Change Order $1,0Q7,131,48 Odgmd Delivery Dal= m cr bgkM Mach L 2006 Revbed Delivery Daft: m or before September 1. 20D6 It b weed by the Sela due fhb Change Order Modes any ad ell case aswcuftd wM or resulting fkam the ehmwa(s) ordered herein, Weindmg all impact, delays, and soceleretlm cosh. Other thin the dollar amomt sad lime alkwmm Head above, than shall be m fbrdsa time or do0ar oompenudm as a molt afthb Cbmat Order. Deb kll""KeWi t, &sea (Anffiorimd Stgmhae) Dare ACCEnSk, lie BY 2�r� /I -ui ti sells Ouffiorktod Stg bm) Dab Earth 71eck b . 83357 / 2 Aojed Cbmp Nmmbcr OrdcrNo i C1Doammla and Sati�fW01 1941YgrDcoamol►10aaaoioa / 30oetraoM3aage0cdad 1o210060]17dso 1 5�� • • Budgeting For Outcomes A Tools and Coaching Support Package Designed for Local Governments Prepared for The City of Hutchinson, MN by The Public Strategies Group 325 Cedar Street, Suite 710 St Paul, MN 55101 March 8, 2006 q�� Budgeting For Outcomes A Tools And Coaching Support Package Is Governments are facing a permanent fiscal crisis. The costs of running governments are rising, especially the costs to educate, incarcerate, and medicate. But the price citizens will pay is fixed. Consequently, government is broke. Traditional budgeting only makes matters worse. Our customary approach leads to a budget that provides for the status quo — only less. The focus settles on the small percentage cut, but the great majority of spending escapes examination. And the next year, the same problems return. In the end, citizens not only think that government is broke, they know it is broken. Budgeting For Outcomes changes this equation. It asks different questions — and gets different answers. This product illustrates how local governments can create a budget designed to give residents results that they really want and need — at a price they are willing to pay. BFO asps five questions 1. Is the real problem short or long term? 2. How much are citizens willing to pay? 3. What results do citizens want for their money? 4. How much will the city pay to produce each of these results? 5. How best can that money be spent to achieve each of the core results? 11 � cb) Budgeting For Outcomes A Tools And Coaching Support Package Outline of the process In traditional budgeting, leaders start with last year's costs, then add or subtract. In Outcome Budgeting, they start with the results citizens value. This approach clears away all the games departments play — padding costs and hiding excess, to protect themselves against the inevitable cuts. It focuses squarely on the real issue: producing results citizens value at a price they are willing to pay. The key steps in Budgeting for Outcomes include: 1. Set the price ofgovernment: Establish upfront how much citizens are willing to spend. Get agreement on a revenue forecast and any tax or fee changes. Set the priorities of government: Define the outcomes or results that matter most to citizens, along with indicators to measure progress. 3. Set the price of each priority: Divide the price or revenue among the priority outcomes on the basis of their relative value to citizens. Develop a purchasing plan for each priority: Create "results teams" to act as purchasing agents for the citizens. Ask each one to decide which strategies have the most impact on their desired outcome. • 5. Solicit offers to deliver the desired results: Have the results teams issue "requests for results" to all comers including their own government's agencies or department, other governmental jurisdictions, unions, non - profits and businesses. Invite them to propose how they would deliver the result and at what price. Then choose those proposals that will provide the best results for the money. Buy the best, leave the rest. After the offers are in, the buyers must rank them in terms of results delivered per dollar, then move down the list, buying according to priority until available funds have been exhausted. Then draw a line. Those proposals above the line are in, the rest are out. This buying plan becomes the budget. It is a list of keeps, not cuts — positive choices for spending the citizens' resources to buy the citizens' results. Negotiate performance agreements with the chosen providers. These should spell out the expected outputs and outcomes, how they will be measured, the consequences for performance, and the flexibilities granted to help the provider maximize performance. y 'X':ee1+i(_3_m.ero4'Ce:4kyy:5 �.T.�aK:,.•�.,..,'.r.:' �a'.? i`i� <�:1'c4�'r '. n, ...r r� :..'y •.. f.T qc�� Budgeting For Outcomes A Tools And Coaching Support Package • PSG will help you through the process in three ways: 1. Tools PSG will share tools that we've collected through past work experience, design and research. These include guides and templates that relate to various components of the Budgeting for Outcomes process, such as identifying results, indicators, ranking offers, etc. These come in online, written, audio and video formats. 2. On -site Consultation / Presentation PSG will be present at critical parts of the process — from the first presentation in front of elected officials and stakeholders to the final learning and debriefing session. We will also conduct workshops and conference to assist the clients through the process. 3. Remote Coaching PSG will provide on -going coaching and consultation by phone and electronic . mail. We will be available for questions about the substance, process, as well as administrative and logistical requirements. E 9 Budgeting For Outcomes A Tools And Coaching Support Package Specifics of how PSG helps Taking into consideration the unique circumstances of the City of Hutchinson, we have organized this proposal into two phases. As such, the cost and hours of work required to complete the process would be spread between two calendar years, while maintaining the benefits to the community. Given that Hutchinson is one of four pioneer sites for this product, PSG is waiving the $10,000 charge for the tools. In fact, Hutchinson will receive extra attention as we refine the tools. We will only be paid for onsite and remote coaching that you require in an amount not to exceed $43,100. (Please refer to attached cost proposal) Phases one and two are detailed below. Phase One: Kick -off to Cause and Effect Maps • Proposed coaching fees not to exceed $22,750 (includes onsite and remote coaching • Plus travel expenses • Excludes the $2000 coaching fee already paid by the City for the Kick -off BFO • presentation • Calendar Year 2006 -2007 r� LJ Initial Learnin& Kick -off PSG will work with the City to establish a Budget Leadership Team (BLT). This team will primarily be in charge of managing the Budgeting for Outcomes process in coordination with PSG. Before the kick -off presentation, PSG and BLT will meet over the telephone to define and agree on the success of this project. At the kick -off event, PSG will present the concept of Budgeting for Outcomes to elected officials, key staff and select stakeholders. The goal is to open the target audience to an innovative method of budgeting. This shall be accomplished by: 1. Brief presentation of Budgeting for Outcomes 2. Discussion of how the city could benefit from the process 3. Sample calculation of the City's price of government Remote • Telephone and email consultation regarding the creation of a Budget Leadership Team (BLT) • Telephone meeting between PSG and BLT to define success of the Budgeting for Outcomes project • Telephone and email discussion about logistics preparation for the kick - off event qc.�� Budgeting For Outcomes A Tools And Coaching Support Package On -Site • PSG will deliver an initial presentation of Budgeting for Outcomes to elected officials, key staff and select stakeholders. Establish the Price, Results and Indicators of City Government Price of Government PSG will provide advice and consultation to the BLT regarding the calculation of the "price of government" of the City of Hutchinson. The resulting product will be a multi- year trend line. Additionally, PSG can provide assistance to the BLT in calculating the price of government of other cities for comparative purposes. Results PSG will assist BLT in obtaining input from citizens on their desired results or outcomes. Thereafter, BLT will prepare a proposed set of citywide results for consideration by the City Council. These results will be built from the foundation of the "focus areas" established by the Council and informed by the results chosen in other jurisdictions. The number of results chosen should not exceed 10. �` ooY' • ' " " r, '� `B ` # o. •:` �i `eed ch. r Remote • Telephone and email support to discuss and identify desired results Indicators PSG will guide BLT to select up to three indicators per result that the City will use to track success in achieving that outcome. PSG will also assist the BLT in crafting an initial allocation of expected available revenue — across all funds — to the selected results. This package — the citywide results, indicators, overall price, and relative allocations — will be presented to the City Council for approval. :�.d�i�!:�`•�• �` - s?t�� -i a'.T:Y�; Si?`.s�T.Tv$?. ^t ��fft .�l:t'�: 1•.�d i �: `Gll.k���77P� 2 qcb� Remote • PSG will be available for consultation in relation to establishing the rice of government Results PSG will assist BLT in obtaining input from citizens on their desired results or outcomes. Thereafter, BLT will prepare a proposed set of citywide results for consideration by the City Council. These results will be built from the foundation of the "focus areas" established by the Council and informed by the results chosen in other jurisdictions. The number of results chosen should not exceed 10. �` ooY' • ' " " r, '� `B ` # o. •:` �i `eed ch. r Remote • Telephone and email support to discuss and identify desired results Indicators PSG will guide BLT to select up to three indicators per result that the City will use to track success in achieving that outcome. PSG will also assist the BLT in crafting an initial allocation of expected available revenue — across all funds — to the selected results. This package — the citywide results, indicators, overall price, and relative allocations — will be presented to the City Council for approval. :�.d�i�!:�`•�• �` - s?t�� -i a'.T:Y�; Si?`.s�T.Tv$?. ^t ��fft .�l:t'�: 1•.�d i �: `Gll.k���77P� 2 qcb� Budgeting For Outcomes A Tools And Coaching Support Package T ools i.� �.d*; }' �*�'3i. . PSG will prove exgtud�I�nes to assist BLT in seectmg mdicaaa �. n - � �,, • PSG will;share be� racicesor benchmarks that =aa. e�ectio ,. Remote .� PSG will be available for telephone or e-mail support to establish the • On the same day, PSG will hold a half -day training session/launch for indicators. On -Sit( . PSG will be on -site as a resource for the presentation to the City Council. Launch and Guide the Citywide Results Team PSG will assist BLT in the creation of a Results Team. This will include advice regarding the number and skills of people to be selected for the team. The team should include a team leader, a city employee who will coordinate with PSG in managing the process of the Results Team's work. Depending on the ability and willingness of the City, the number of Results Team can be expanded from `one team for all results' to `one team per result.' PSG will prepare the Results Team for two "tollgate" sessions, wherein they will present their products to the BLT for review and feedback. PSG will also discuss with the BLT how the process relates to the City's strategic plan. ;too Yet gip,, =rwY.' oyd� er b ri c IVA • G _ s� e* x • PSG will conduct a training session for the team leader regarding his/her On -Site role and responsibilities, tools and techniques, and the challenges that could arise • On the same day, PSG will hold a half -day training session/launch for all members of the Results Team regarding their assignment, the process, and resources available to support their work Remote • PSG will be available for consultation regarding Results Team selection. • Ongoing assistance by phone or email to the Results Team as it completes its work -- creating cause - and - effect maps. • PSG will support the Results Team for the "tollgate" sessions. jj: a atr Y' : r s ��j c s.� � :� d ,�.�Iis�: : 1�,�1 a ?Rl .0: '$1 �. � '•i r 9 �J Budgeting For Outcomes A Tools And Coaching Support Package Phase Two: Request for Results onwards • Proposed coaching fees not to exceed $16,750 (onsite and remote coaching) • Plus travel expenses • Calendar Year 2007 -2008 (detailed time table to be discussed later) • This phase shall begin with developing request for results (RFR), continuing the momentum built in Phase One Prepare Sellers to Make Innovative Budget Offers City leaders recognize that changing the budget process is not enough to actually deliver better results for citizens. If departments propose budget offers that represent the status quo approach to delivering services, then the city will get status quo results. Therefore, PSG will support the sellers (i.e. city departments) understand the Request for Results and generate innovative responses. PSG will work with the BLT to design and facilitate a "sellers conference." This will be a single event that will address how to create scalability options in departmental offers, collaborate with other departments on joint offers, address statutory and regulatory mandates, and request flexibilities in order to improve the results being offered. The purposes of this gathering will be to: • Explain the new process to key personnel in the departments, • Help them understand the content of the Requests for Results, and • Introduce them to innovative "best practices" strategies that other public organizations have used to deliver better results at less cost. On -Site • PSG will conduct a conference for the sellers to understand the process and Request for Results • In the same event, PSG will guide the sellers to generate innovative offers. Remote • PSG will work with individual managers, via telephone or email, in cases where a particular program or department requires some outside thinking to stimulate new approaches to delivering its services. q c�� Budgeting For Outcomes A Tools And Coaching Support Package Assist the Results Team in Ranking Offers and Building a Purchase Plan PSG will first work with the BLT to decide how the ranking process will be implemented. This includes choosing a ranking scheme and criteria. In addition, PSG will advise the BLT on how to use technology to facilitate the ranking process. � T �p ro i e Resu d P {SG'vil su Inc�?anlcin_ o�o Remote • PSG will help the Results Team craft feedback to departments on the quality of their offers. • PSG will also support the Results Team as it performs the rankings- helping facilitate discussions of the ranking results. • PSG will work with the Results Team as it prepares its final "purchase plan" for consideration by the BLT. (This will include understanding the allocation it has been given, identifying what it has chosen to buy and not buy, and making these purchases form a coherent message about how it believes the city can deliver the most value at the price it has been given for the result Assist The Budget Leadership Team Prepare and Deliver City Manager's Budget PSG will provide strategic consultation to the BLT on the preparation of the final budget.. This will include advice on how to organize the budget to reflect the new approach and communicate more powerfully the connection between spending decisions and results that the citizens value. On -Site • PSG will conduct a learning session on site to debrief the BLT and the Citv Council regarding the budget process. Remote 1 • PSG will be available to provide coaching as q L� • Budgeting For Outcomes A Tools And Coaching Support Package PSG Qualifications About The Public Strategies Group The Public Strategies Group (www.PSG.us) works exclusively with public organizations, helping them transform themselves into customer - focused enterprises. Our mission is to be the best resource in the world for transforming governance. Not only have we authored the leading books in the practice, we have also dedicated our lives to public service. As executives in federal, state and local government, we have experienced firsthand the challenges public managers and elected officials face in giving citizens more value for their money. The firm consists of a small group of some of this country's most advanced thinkers about service- oriented government and the family of ideas to which public service management belongs —we call it post- bureaucratic government. Some of the principals of the firm include: • David Osborne, the co -author of Reinventing Government, Banishing Bureaucracy; The Reinventor's Fieldbook; and The Price of Government; • Beverly Stein, Governing magazine's "local official of the year" in 1996 and a leader in performance measurement when chief executive of Multnomah County; • • Bob Stone, former leader of the U.S. Government's National Performance Review and author of Confessions of a Civil Servant; • Dr. Camille Barnett, widely recognized for her effective and creative leadership as a city manager; • Connie Nelson, one of the foremost state -level public sector executives with a successful track record in reengineering; • Lorraine Chang, a reform leader in the US federal government; • Dr. Lawrence Grant, a nationally recognized strategist on public sector information management; • Steve Struthers, leading consultant of budgeting for outcome efforts in cities such as Spokane and Dallas as well as the Michigan legislature; • Jeff Zlonis, recognized for implementing enterprise management inside government organizations; • Babak Armajani, an expert in public sector management systems reform who co- authored the book Breaking Through Bureaucracy; 0 • Budgeting For Outcomes A Tools And Coaching Support Package Firm Experience Following are some local government examples of where we have supported the implementation of budgeting for outcomes: Snohomish County, Washington County Executive Aaron Reardon served in the legislature the first year the State of Washington used the Priorities of Government process for budgeting. When he was elected County Executive, and faced a $22 million shortfall, he decided to use the same process at the county level (calling it Priority Based Budgeting) and hired PSG to assist him. PSG worked with the County during the seven -month process to support all aspects of the budgeting process, from development of citizen priorities to drafting of the budget message. The County Council unanimously passed the budget. Multnomah County, Oregon Multnomah County, Oregon, like many other local governments, faces deficit - producing structural budget issues. Additionally, the County will sunset its county income tax surcharge at the end of FY06. As a consequence of these two factors, Multnomah County anticipates a general fund reduction of nearly $40 million dollars from FY05 to FY07. PSG is currently supporting Multnomah County in its second round of its Priority • Setting Budget process. Six priorities of county government were established and County Commissioners adopted its first budget based on those priorities in June 2005. In this budget, Commissioners "purchased" existing programs based on their contribution to producing those priorities. This effort will be strengthened in the FY07 process to improve the degree to which programs or activities contribute to these results, particularly cross - departmental, while also accounting for the full impact of the income tax sunset (est. $30 million general fund reduction). Fort Collins. Colorado PSG is working with City Manager Atteberry and the City Council to assist the City of Fort Collins prepare its FY2006 budget using PSG's budgeting for outcomes approach. The City Manager is new as are four of the seven City Council members. These policy makers have all come together to support a new approach. Spokane, Washington Faced with a $12 million mid -year shortfall in revenue, the City of Spokane decided to abandon the historical practice of across -the board department cuts. Instead, Spokane worked with PSG to help the city design and implement a Priorities of Government budget process to close the mid -year 2004 fiscal gap and produce a 2005 budget (expected expenses were $11 million more than expected revenue). This process focused the city's budget on the results that citizens care about most and forced city departments to present their budget proposals in the context of how well they supported those results. 9 t,0 CIN Budgeting For Outcomes A Tools And Coaching Support Package Recently the city's bond rating increased from BBB to AA -, saving the city $200,000, the initial batch of bonds issued for street improvements. The improved bond rating was attributed in large part to finding a workable budget solution. e:F�Z' 7 pi� ^R. ! R e rd.^ .• .r :i:«.7:4:IT' �G ^.T.+::R:e_L • 0 Proposal Cost •® ,•F. �9"f xl .. .t„i�}Ke Sa. _'w.`3ES.V; Lrw:.¢brat" • _ ?iw�- d..• • _ i'� ...�.%,.. '.�. =2 rx. J,eyc:�L EN �-1111 ® -F. F Deliver Budget • • • Y4i' k t,.._:.� __ 1 1 .M.An:. _' - ',.� e' .'i'Y. i -. • 0 � o- -E .alit,' �_. .v� .. - � r ii `i [ ' ✓z� '� � C�) Re: Clarification 0 Gary Plotz From: Albert Munoz [abert@psg.us] Sent: Thursday, March 09, 2006 9:04 AM To: Steve Cook Cc: Gary Plotz Subject: Re: Clarification Hi Steve, Here is the excel file again. Page 1 of 1 As far as coaching and onsite hours, the intention is that you will decide how much service you need. You can decide that you need less than the quoted price to make it work. On our end, we anticipate spending some more extra hours anyway because like I said, we are in development and want to find an arrangement that works. We recommend strongly the whole process. The first phase is preparation for the second phase. It makes sense to do the whole deal. But if your council wants to do it a year at a time, we could do it that way too. I'm in the office most of the day, you can call me if you have any questions. Best, Albert r • C Hutchinson City Center 111 Hassan Sheet SE Hutchinson, MN 55350.7522 320- 587- 5151/Faz 320.2344240 M E M 0 R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Public Works Director Randy DeVries, Water/Wastewater Director RE: Consideration of Consulting Agreement with Wold Architects for Design Services for Wastewater Facility Administration Building Improvements DATE: March 9, 2006 We have reviewed the Facility Report prepared by Wold Architects regarding the condition of the facility and the operational needs at the last two Council Meetings. As noted, this project has been on the Capital Improvement Plan for several years. We have delayed the implementation while moving ahead with other operational issues and staffing issues, but we are now at apoint where we mayneed to consider temporary office facilities to meet our needs. Our goal is to have the design and bidding • completed by this fall so that the work on the building could be enclosed prior to this winter. Issues were raised at the Council Meeting that will be addressed as part of this contract: Space needs regarding office, lab and other areas will be reviewed again and verified. Vehicle storage areas will be reviewed for options to cut costs (unheated addition, alternate storage availability, etc.) Staging options to help avoid relocation/conflicts will be reviewed. Other options for reducing costs will be identified and reviewed. Accessibility issues due to the multiple elevations must be addressed. The attached agreement outlines the work program and cost. We recommend approval. • m��o ST. PAUL, MN ELGIN, IL TROY, MI March 8, 2006 John Rodeberg City of Hutchinson 111 Hassan Street SE Hutchinson, Minnesota 55350 MAR - 9 2006 City of Hutchinson Eng. Dep, MINNESOTA OFFICE 305. ST. PETER STREET ST. PAUL, MINNESOTA -55102 65 1.227.7773 FAx 651.223.5646 W W W. WOLDAE.COM MAIL @WOLDAE.COM DENVER, CO Re: City of Hutchinson Waste Water Treatment Facility — Administration Building Expansion Commission No. 052167 .1 Dear John: We are pleased to present to you this proposal and contract for implementing the expansion of the Administration Building at the Hutchinson Waste Water Treatment Facility. Our previous efforts in Master Planning for this building suggested a construction budget of $910,000 for the addition and for renovation inside the building. We understand Council's concern regarding controlling cost for this project and are committed to evaluating cost saving alternatives and will spend time with you and Council to prior to finishing final design of the project. We propose a fixed fee of 7% of the cost of construction plus one -half of the project contingency. Our fee calculates as follows: $910,000 (const. cost) + $45,000 (1 /2 cont.) x 7% = $66,850 Arch. fee. Reimbursable expenses would be billed at actual cost and are estimated at $3,000. We look forward to continuing our long -term relationship with the City of Hutchinson on this important project. Included is an AIA Owner Architect contract for your review and approval Please call with any questions. Sincerely, WOLD ARCHITECTS AND ENGINEERS John McNamara, AIA Associate Enclosure cc: Michael Cox, Wold (letter only) Matt Mooney, Wold (letter only) KTP /CI Hutchinson/052167 /nmr06 9(�10 AIA Document B151"m -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner. (Name, address and other information) FL -1 . and the Architect: (Name, address and other information) Wold Arc and 1 _�. t se - St. PauL 1 For the following Project: (Include detailed description of Project) ST Administration Buildixtit Expansion Design and construction administration services for the extension and renovation of the existing administration building eporoximately 7.200 s.f, in area at the existing wastewater treatment facility. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has . added Intorrnation needed for Its completion. The author may also have revised the text of the orlpinal AIA standard form. An AdMons and Deletions Report that notes added Information as wet as revisions to the standard form text Is avail" trom the author and Should be reviewed. A vertical ire in the left margin of this document Indicates where the auffwr has added necessary Intormallon and where the author has added to or deleted from the original AIA text This document has important laAel consequences. Consultation with an attorney Is encouraged with reaped to Its oompletlon or modification. C7 AtA Document 8161 TM —1997. Copyright O 1974, 1978, 1987 and 1987 by The American IrbBlute of Architects. AM rlphts reswved WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 169121 on 03107!2006 under Osier No,1000218721_1 which expires on 1/30(2007, and Is not for resale. User Notes: (629841656) - ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the ProjecL The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services, civil engjnming and landscaping. § 2.2 SCHEMATIC DESIGN PHASE § 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 222 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project § 22.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, strixtu al, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA po=nent B151- -1997. CopyrfpM tD 1974, 1978, 1987 and 1897 by The American Institute of Architects. All rights hassrved. WARNING: This A10 Document Is protected by U.S. Copyright taw and International Treatles. Unauthorized reproduction or distribution of this Al A° Document, or 2 any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:0121 on 03I07Yt008 under Order No.1000218721_1 which expires on 1 /d012007, .and is not for hassle. Ussr Notes: - (629844656) § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 The Architect shall assist the Owner in connection With the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2 5 BIDDING OR NEGOTIATION PHASE § 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.5.2 In the event the lowest bid (or bids) exceeds the budget for the Project the Architect. in consultation with and at the direction of the Owner, shall provide such modification in the contract documents as necessary to bring the cost of the Project within budget unless the Owner directs the architect to bid a project estimated overbudget § 2.6 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under. this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment § 2 6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contras Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters AIA Docunant B151- -1997. Copyright O 1974, 1876, 1987 and 1987 by The American Institute of Architects. AN rights reserved. WARNING: This . At Document is protected by U.S. Copyright Lew and International Treelies, Unauthorized reproduction or distribution of this AIA Docranent, or 3 any portion of It, mey result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 160121 on 03/07/2006 under Order No.1000218721_1 which expires on 1=12007, and is not for resale. User Not": (629844656) arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 24.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.65 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2. 6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architea nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities • performing portions of the Work. § 2. &11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component § 2.6.12 if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. AIA Document 8151- –1907. Copyright O 1974, 1978, 1987 and 1997 by The American InetlMe of Architects AN rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or - anyportlon of hl, may result In severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. TNs document was produced by ALA software at 16:0121 on 03!07/2008 under Order No.1000218721_1 which expires on 15012007, and Is not for resale. User Notes: ( ) § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. § 2.6A7 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 33 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. § 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 321 If mote extensive representation at the site than is described in Section 2.63 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. § 322 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. § 323 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: A inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. AIA Document B181n —1997. Copyright O 1974,1978 ' 1987 and 1997 by The American Institute of Architects. AN rlgttb reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 16b121 on 03107/2006 under Order 14o.1000218721_1 which expires on 1/3012007; and Is not for resale. User Nobs: _ (629844656) • s • § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.25. § 3.3.3 These services are Dart of Basic Services. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Connector under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal ping except where the Architect is party thereto. § 3.32 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 These services are inert of Basic Services. § 3.42 Providing financial feasibility or other special studies. § 3.4.3 These services are M of Basic Services. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipmenL § 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construct ion manager or separate consultants retained by the Owner. § 3.4.10 PreAding delitiled astimities of GeastFaetien Gast. These shall be considered as Basic Service. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3.4.12 Providing analyses of owning and operating costs. . AIA Document 8761 m —1997. Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects. All righte nwrved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of n, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 169121 on 03107/2006 under Order No.1000218721_1 which expires of I M01M7, and Is not for resale. User Notes: - (629844656). § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, , procurement or installation of furniture, furnishings and related equipment. § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.18 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. § 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering, civil engineering, l design portions of the Project provided as apart of Basic Services. § 3.420 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a Written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 42 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 43 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. AUk Domment B151lu -1997. Copyright 01974, 1978, 1987 and 1997 by The American Institute of Archlbcts. All rights remedied. WARNING: This i AI0 Document Is protected by U.S. Copyright Law and International Trealies. Unauthorized reproduction or distribution of this Ate Document, or 7 any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 169121 on 03/0712006 under Order NoA000 21 87 21_7 which expires on 1/30QM7; and Is not for resale. User Note: (62%"656) • § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. § 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLES CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.13 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -0f - -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 52 RESPONSIBILITY FOR CONSTRUCTION COST § 521 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. § 522 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fired limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract, Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 523 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 52.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.23) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or A1A Dorhrnent B151n —1997. Copyright 01971, 1978, 1987 and 1997 by The American Institute of Architects AN rights maerved. WARNING: This AJO Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Ale Document, or any portion of iL may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 16:01:21 on 03(07/20118 under Order No.10D0218721_1 which expires on 1/30;2007, and Is not for resale. War Notes: (829641856) .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 525 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 63 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction AIA Document B151"' —1997. Copyright ®1974, 1978.1987 and 1997 by The Amerimn lretlate of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced by ALA software at 16:0121 on 03/07/2006 under Order No.1000218721_1 which expires on M02007, and Is not for resale. User Notes: (629844656) 0 • is • Industry Mediation Rules of the American Arbitration Association currently in effect Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2 ARBITRATION § 721 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. § 722 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 723 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 724 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 725 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 20 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted AIA Doeunsnt 13151" -1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of AtdtlfeUs. Ail rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or 1() any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 160121 on 03/07/2006 under Order No.1000218721_1 which expires on 1130/2007, and Is not for resale. User Notes: (629844656) § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due defined in SaWen 84. ARTICLES MISCELLANEOUSPROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially is completed. § 9.4 To the extent damages are covered by property insurance during construction. the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiat ions, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. AIA Domnent B151- —1997. Copyright O 1974, 1978, 1987 and 1987 by The American Institute of Architects. All rights reserved. WARNING: TMs AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA!* Document, or any portion of it, may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 160121 on 03I07/2o06 under Order No.1000218721_1 which expires on 1/3012007, and is not for resale. User NCOW. (629844656) • § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 10.2 REIMBURSABLE EXPENSES § 1021 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; 2 fees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; A readeFings, medals and meek ups requested by the Ownim .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project - related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement § 10.32 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through to fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. A,A Document B151- -1907. Copyright O 1974, 1978, 198'7 and 1997 by The American Institute of Architects All rights reserved. WARNING: TMs AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA* Document, or 12 any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 16:0121 on 031072006 under Order No.1000218721 1 which expires on 1/302007, and Is not for resale. Uaw Notes: (628844656) § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of zero Dollars ($0) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Esiab�%afoi7°, 0 fthecosE` 'ofeonstructxraiif$9540Ef(1tL�i w" a ruin -fry$ , § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Fifteen percent 15 %) ( Design Development Phase: Twent percent 20 %) ( Construction Documents Phase: Forty percent 40 %) Bidding or Negotiation Phase: Five percent 5 %) ( Construction Phase: Twentv percent 20 %) ( (Paragraph deleted) Total Basic Compensation one hundred percent ( 100.00 %) § 11.3 COMPENSATION FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: 1 1.25 x (salary plus overhead) AIA Document 8151 TM —1997: Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AEA" Document, or � 3 any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:01:21 on 03/07/2006 under Order No.1000218721_1 which expires on 1/30/2007, and is not for resale. User Notes: (629844656) § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply, if necessary.) 1 1.25 x (salary_plus overhead) § 113.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1.25 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) § II A REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ( 1 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. Bid set printing and plan review fees are direct pass - througb costs to the Owner. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed wit iM -svc ( 36 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.33 and 11.3.2. I§ 11.52 Payments are due and pa le thirty ( 30) days from the date of the Architect's invoice. Amounts unpaid ninety ( 90) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect (Insert rate of interest agreed upon.) Zero (0) tlM= Der annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 113.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. OWNER GRd:ltitoil (Signature) (Signature) Michael S. Cox, Partner (Printed name and title) (Printed name and title) AIA Dominant 8161- -1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Archilects. All rights reserved wARNMKi: This AIA° Document Is protected by U.S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of this AIA' Document, or 14 any portion of it, my result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 160121 on 0&07r2006 under Order No.1 DD0218721_1 which expires on 1130/2007, and is not for resale. User Notes: - (628844656) 0 C TO: Mayor & City Council . FROM: John Rodeberg, Director of Public Works Kent Exner, City Engineer RE: Consideration of Accepting Offer of Four Lightpoles from Holophane and American Electric Lighting DATE: March 14, 2006 In consideration for the delayed arrival of the Downtown Streetscape tall lightpoles, the City has received an offer from Holophane and American Electric Lighting to provide four decorative • aluminum short poles with fixtures. Three of these poles would be installed along the east side of TH 15 between 0 Avenue S. and 5t' Avenue S., where the existing wooden poles still remain. These new lights would match the existing decorative lights immediately south of this block. We have also asked that Holophane and American Electric Lighting incur the costs of the installation. The local representative is currently reviewing this suggestion with their management. We recommend accepting this offer from Holophane and American Electric Lighting. cc: Gary PI= — City Administrator I* q (6) Barry Dixon 16W 455 S. Frontage Rd, Suite 300 Burr Ridge, IL 60527 114- wifvBrandsCompany February 21, 2006 Mr. Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Hutchinson downtown decorative street lighting Mr. Exner, In appreciation for your past business, and honoring our partnership, Holophane would like to donate (4) Granville luminaires on North Yorkshire aluminum poles. Part number: GVUI5AHPMAB3NNUH and NY 14F5 /17- CA/BK. Please accept this on behalf of Holophane as we look forward to more continued growth together. Best regards, Barry Dixon Regional Sales Vice President Holophane and American Electric Lighting • 9 (j) GVUI5AHPMAB3NNU H w .c m r 10 c E 0 c is v I I 1111\— NY14F5/17 -CASK 05" —� 01' -5' i-- City of Hutchinson Hutchinson, MN HMOPHAM ORDER #: TYPE: LEADER IN LIGHTING SOLUTIONS REVISION :1 REVISION DATE: 02 -21-06 TSG 000994 An 40cu/ty8randsCompany DRAWN: ACH ORKiIN DATE: 02 -07.06 PAGE: 1 of 2 TIO �MO,Yl1Ilfllq�, MNLKCOi MCO�LLR lCC"1faT1U� PoII 11E WT�IWLTO K MM1®�YIM�WtC" I"t01oQIY1pN00.l I�IIIfV YM[O� MYKMI�D."IRO�TNIGI/IlIg9LNM MIPMA N MIK fM ql dOIYM YIpg1 �RTIS/1AT� "AIl1M1K WRKOY111"!AC" YKMU�KIT Y1�1110 Wt101M R1�1�1�p TMiH�ReTK'MltN V IOK1WlMO1�IMi �YCTN11! "!11 VOA mIM10 H<IIVIWAGIYIIOI 11YTR�LFOIKII ®pRC1LY 011N0�CRYM IMY1MYgiIMlft lOM�llpBf{,AYODLYM mIRTa N11NYU��VLIlA01�"Y N1LwW( qCd • U r_ Hutchinson City Center in Hassan Street SE Hutchinson; MN 55350-2522 320 - 587- 5151/Faa 320-234 -4240 M E M 0 R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Public Works Director Randy DeVries, Water/Wastewater Director Ken Merrill, Finance Director RE: Consideration of Consulting Agreement with Donohue & Associates for Wastewater Facilities Plan Amendment DATE: March 9, 2006 As we have noted to Council, expansion by the local industries has accelerated the need to complete upgrades at the Wastewater Treatment Facility (WWTF). A major expansion to meet capacity and regulatory demands is in the Capital Improvement Plan (CIP) for 2009. With significant flow and wastewater parameter changes from HTI and Provesta, we are in the process of addressing significant short-term needs by modifying the current processes. This process can be completed within a couple of months, and it is proposed that the industries responsible for this need financially support these improvements. These changes also require us to try and accelerate the proposed schedule for the other major facility improvements in the CIP, primarily related to capacity and phosphorus treatment. Over the last week we have met with the Minnesota Pollution Control Agency (MPCA) and the Public Financing Authority (PFA) to review our options for proceeding with this process in regard to both permitting and financing. Both Ehlers & Associates (our financial consultant) and Donohue and Associates (our engineering consultant) have been involved in these conversations. We have assurances from the MPCA that we can move forward quickly with the short-term treatment needs. The financing and permitting issues for the major expansion, however, are more complicated, and will take some time to develop. We are looking at several options for financing and timing, and hope to have more information on our proposed direction shortly. Under any circumstances, this acceleration of the major expansion also requires us to update our official Facilities Plan for the WWTF earlier than expected. If we are going to accelerate the construction process, we must have an amended Facilities Plan in place by July to be able to qualify for public financing (we did not propose to complete the amendment until we were closer to facility construction). Due to the time that this process will take, we need to begin work on the Facilities Plan as soon as possible. Attached, therefore, is a proposal from Donohue & Associates to complete this work at a cost not to exceed $28,900. We recommend approval. Pnmd on iegcW papa - l (L) TASK ORDER NO.3 TO • CONTINUING PROFESSIONAL SERVICES AGREEMENT Between City of Hutchinson (Owner) and Donohue & Associates, Inc. (Donohue) Date of Original Executed Agreement. March 92006 TASK ORDER NAME(DESCRIPTION Facilities Plan Amendment The Owner wishes to expand the secondary treatment process at the Wastewater Treatment Facilities to treat increased wastewater flows and loadings from present and future customers. The addition of phosphorous removal will be required by the Minnesota Pollution Control Agency (MPCA) and needs to be addressed. The Owner also needs to update the disinfection system at the Wastewater Treatment Facilities. Therefore, the Owner wants to proceed with the preparation of an amendment to the existing facilities plan to address these issues. This project is further described in the following scope of services. A. SCOPE OF SERVICES 1. Attend a meeting with the Owner to review facilities plan .amendment objectives, necessary industrial and plant information and scheduling for project. 2. Complete a summary of existing flow and loadings based on existing plant operational data and industrial data. Organize data based upon residential, commercial and industrial contributors. • 3. Develop design year population, flow and loadings projections based upon input from the Owner and regional planning commission. 4. Summarize current and anticipated NPDFS permit requirements. 5. Compare existing plant performance with current and anticipated permit requirements based upon current and anticipated flows and loadings. 6. Conceptually. evaluate the following wastewater treatment alternatives to determine the most advantageous alternatives. • a. Addition of an oxidation ditch and secondary clarifier versus membrane technology b. Ultraviolet disinfection versus chemical disinfection using sodium hypochlorite c. Bio-phosphorous removal versus chemical phosphorous removal 7. Coordinate and conduct a mid- course review meeting with Owner and Minnesota Pollution Control Agency (MPCA) to obtain agreement on population projections, existing and future flows and loadings, and the most advantageous treatment alternatives. 8. Develop a cost -effective analysis of the most advantageous alternatives. The cost- effectiveness analysis will include development of capital and operational costs compared on a present worth basis, as well as non - monetary advantages and disadvantages. 9. Based upon the cost -effective and non- monetary considerations, recommend most feasible alternative. 10. Review alternative analysis and recommendations with Owner and MPCA. 11. Prepare a design memorandum summarizing the recommended treatment facilities. 12. Prepare an estimate for user charges for the recommended alternative. 13. Prepare implementation schedule. 14. Summarize above work effort in a Draft Facilities Plan Amendment and provide ten (10) copies for Owner review. • 15. Review comments with Owner and incorporate comments into Final Facilities Plan Amendment. Ten (10) copies will be provided to the Owner. 16. Submit Final Facilities Plan Amendment to WDNR for approval. 17. Assist Owner in obtaining MPCA approval of the Facilities Plan Amendment. B. PROJECT TIMING Submit the Facilities Plan Amendment report to the MPCA for review by May 1, 2006. C. COMPENSATION The cost for these basic Services will not exceed $28,900 without written approval from Owner. APPROVED FOR OWNER APPROVED FOR DONOHUE By: 06-. r/S Printed Name: Printed Name: Edward S. Nevers, P.E. Title: Title: Vice- President Date: Date: 3 (g %d6 • • Page 2 l 1�� RESOLUTION NO. 12917 CITY OF HUTCHINSON 0 RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Roofing 31,296 Re -roof buildings WWTP YES Kandi Roofing 20,30,60, & 80 Rubber Crack Repair $25,000 Contracted street Street Yes Bargen Ine maintenance repair Replace building #30 $37,950 Maintenance of building WWTP Yes KHC Construction 930 replacing valves, painting We following items were authorized due to an emergency need: ITEM I COST I PURPOSE { DEPT. I BUDGET I VENDOR Date Approved: March 14, 2006 4-6otion Made By: Kay Peterson Seconded By: Casey Stotts Resolution submitted for Council action Kenneth B. Merrill by Finance Director RQ� �A- Re: Clarification Page 1 of 1 Gary Plotz From: Albert Munoz [abert @psg.us] Sent: Thursday, March 09, 2006 9:04 AM To: Steve Cook Cc: Gary Plotz Subject: Re: Clarification Hi Steve, Here is the excel file again As far as coaching and onsite hours, the intention is that you will decide how much service you need. You can decide that you need less than the quoted price to make it work. On our end, we anticipate spending some more extra hours anyway because like I said, we are in development and want to find an arrangement that works. We recommend strongly the whole process. The first phase is preparation for the second phase. It makes sense to do the whole deal. But if your council wants to do it a year at a time, we could do it that way too. I'm in the office most of the day, you can call me if you have any questions. Best, Albert r' 1 Bonnie Baumetz From: Bonnie Baumetz nt: Monday, February 27, 2006 11:43 AM Gary Plotz; Bill Arndt; Casey Stotts; Jim Haugen; Kay Peterson; Steve Cook; Dean Kirchoff; Farid Currimbhoy; John Lofdahl; Lynn Otteson; Mike Flaata; Robert Hantge Cc: Julie Wischnack; Kent Exner; John Rodeberg Subject: Joint Tour with Planning Commission Gary and Council Members As in past years, the Planning Commission and City Council have jointly toured sites in Hutchinson that have had public hearings during the past year. After the tour, we have had an infomal discussion between the City Council, Planning Commission and Staff. This year we have scheduled March 28th at 3:00 p.m. for the tour /discussion which will end in time for the City Council meeting. Please let me know if there are particular sites you would like to see on the tour agenda. Hope to see you on the 28th. Bonnie U • 3/j4/2006 I Cad • is Page 1 of 1 Melissa Starke From: Marc Sebora Sent: Friday, March 10, 2006 1:39 PM To: Melissa Starke Subject: FW: See me please. Marc From: William Kellough [mailto:WKellough @boonesmith.com] Sent: Wednesday, February 15, 2006 1:07 PM To: Marc Sebora Subject: Mark... here is my letter and resume for consideration by the Mayor and City Council. Thank you. Bill William C. Kellough Boone, Smith, Davis, Hurst & Dickman 500 ONEOK Plaza 100 W. 5th Street Tulsa, Oklahoma 74103 (918) 587 -0000 3/10/2006 1 D (JO LAW OFFICES BOONE, SMITH, DAVIS, HURST B2 DICKMAN A PROFESSIONAL CORPORATION BOO ONEOK PLAZA 100 WEST FIFTH STREET TULSA, OKLAHOMA 74103 DIS- 597-0000 F" 919 -15 fl -9317 W W W.boonesmlth.ocm February 15, 2006 VIA E -mail msebor44ci.hutchinson.mmus Mr. Mark Sebora City Attorney City Hutchinson 111 Hassan St. SE Hutchinson, Minnesota 55350 RE: Legal Representation BYRON V. BOONS UeOe•Ia eel L. K. SMITH nea+ -soon BLAKE K, CHAMPLIN 0999-200.1 OF COUNSEL J. JERRY DICKMAN BILL G. FREUDENRICH EDWIN S. HURST ROYCE H. SAVAGE. 1.00t10031 7MUM0 LAW FIRMS WORLDWIDE Dear Mr. Sebora: • Thank you for considering me to serve as legal representative of the City of Hutchinson, in connection with the potential conversion of its city owned hospital to a non - profit corporation. I am sending along with this letter an updated version of my resume for consideration by the City Council in making its selection. In addition I would like to mention a few of the projects I have worked on that are relevant to the proposed representation: 0 Currently representing a for -profit buyer of a not - for -profit 50 bed hospital in Ponca City, Oklahoma. • Ongoing representation of several Oklahoma hospitals including: Valley View Regional Hospital, Ada, Oklahoma; and Unity Health Center, Shawnee, Oklahoma. • Represented the seller — a not- for - profit hospital system (Hillcrest Healthcare System) in its sale to a for -profit hospital company — a project involving the sale of assets and conversion of approximately fifteen (15) healthcare facilities. 0 Representation of a local oncology clinic in its corporate reorganization. U TERESA MEINOERS BURKETT • JOHN A. BV RKHAR DT MICHAEL J. DAILEY REUBEN DAVIS GARRY M. GASKIMS CHARLES GREEN000H LARRY 0. HENRY GERALD L. HILSNER WILLIAM C. KELLDUDH DONALD A. LEPP MICHAEL J. MCDANIEL ANGELA M. PAULSEN FREDERIC N. SCHNEIDER III STEPHEN A. SCHULLER BARRY L. SMITH LAW OFFICES BOONE, SMITH, DAVIS, HURST B2 DICKMAN A PROFESSIONAL CORPORATION BOO ONEOK PLAZA 100 WEST FIFTH STREET TULSA, OKLAHOMA 74103 DIS- 597-0000 F" 919 -15 fl -9317 W W W.boonesmlth.ocm February 15, 2006 VIA E -mail msebor44ci.hutchinson.mmus Mr. Mark Sebora City Attorney City Hutchinson 111 Hassan St. SE Hutchinson, Minnesota 55350 RE: Legal Representation BYRON V. BOONS UeOe•Ia eel L. K. SMITH nea+ -soon BLAKE K, CHAMPLIN 0999-200.1 OF COUNSEL J. JERRY DICKMAN BILL G. FREUDENRICH EDWIN S. HURST ROYCE H. SAVAGE. 1.00t10031 7MUM0 LAW FIRMS WORLDWIDE Dear Mr. Sebora: • Thank you for considering me to serve as legal representative of the City of Hutchinson, in connection with the potential conversion of its city owned hospital to a non - profit corporation. I am sending along with this letter an updated version of my resume for consideration by the City Council in making its selection. In addition I would like to mention a few of the projects I have worked on that are relevant to the proposed representation: 0 Currently representing a for -profit buyer of a not - for -profit 50 bed hospital in Ponca City, Oklahoma. • Ongoing representation of several Oklahoma hospitals including: Valley View Regional Hospital, Ada, Oklahoma; and Unity Health Center, Shawnee, Oklahoma. • Represented the seller — a not- for - profit hospital system (Hillcrest Healthcare System) in its sale to a for -profit hospital company — a project involving the sale of assets and conversion of approximately fifteen (15) healthcare facilities. 0 Representation of a local oncology clinic in its corporate reorganization. U Mr. Mark Sebora City Attorney • City Hutchinson February 15, 2006 Page -2- Although we do not have city, county or state owned hospitals in Oklahoma, we do have hospital trust authorities which are quasi governmental entities. I have worked on the "conversion " of approximately ten (10) of these hospitals through long term operating agreements with a non -profit hospital system. In addition I have considerable experience in general business transactions representing buyers and sellers of businesses. My billing rate is $200.00 per hour and I also make use of a legal assistant who bills at 570.00 per hour. I look forward to hearing from you at your earliest convenience. V�} William C. WCKJav . Enclosure i� U U is 100 West Fifth Street Suite 500 Tulsa, Oklahoma 74103 (918) 587 -0000 Fax: (918) 599 -9317 e -mail wkellough@boonesmith.cotn WILLIAM C. KELLOUGH PROFESSIONAL EXPERIENCE: June 1980 —Present • Boone, Smith, Davis, Hurst & Dickman — Shareholder (President 1997 -2004) Attorney specializing in hospital mergers, acquisitions, and consolidations: formation of healthcare enterprises; corporate board representations; creation of corporations, limited liability companies, partnerships and joint venture for startup and expanding businesses; estate planning in the area of wills, trusts, estate tax planning, probates and guardianships; fiduciary litigation representing trustees, beneficiaries, and guardians. June 1975 —June, 1980 • Blackstock, Joyce, Pollard, Blackstock & Montgomery — Partner, 1979 -1980 General practice of law with concentration in civil litigation, real estate, estate planning and corporate practice. EDUCATION: • The University of Texas at Austin Juris Doctor, May, 1975 Bachelor of Arts, Humanties, with Honors, May, 1972 ADMISSION TO PRACITCE LAW: • Oklahoma (1975) • Texas (1975) • U.S. District Courts for Northern, Eastern and Western Districts of Oklahoma • U.S. Court of Appeals for the Tenth Circuit PROFESSIONAL. ACTIVITIES: • American Health Lawyers Association • Member, 1985 -Present • Oklahoma Health Lawyers Association President, 1998 - 1999 Member, 1991 - Present • American Bar Association Member, 1975 - Present • Oklahoma Bar Association (Health Law Section) Member, 1975 - Present Delegate Oklahoma Bar Convention, 1985 -1988, 1991, 2002 • Tulsa County Bar Association Distinguished Service Award, 1990 Vice President, 1989 Board ofdirectors, 1988 Treasurer, 1984 Outstanding Junior Lawyer, 1982 Chairman, Young Lawyers Division, 1982 Chairman, Health Law Section, 2003 - present Frequent lecturer at seminars and workshops on health care and other legal topics AWARDS: Law and You Foundation, Community Interest Award, 1991 • PUBLICATIONS: "Oklahoma: The Territorial and District Courts. " The Federal Courts of the Tenth Circuit, pp. 173 -221 (U.S. Court of Appeals for the Tenth Circuit 1992) "Affiliations, Sales and Conversions Involving Non -Profit and For - Profit Healthcare Organizations in Oklahoma, "33 Tulsa Law Journal, p. 521 (Winter, 1997 "Building Tulsa: Lawyers at Work", co- author (Hawk Publishing 2003) COMMUNITY ACTIVITIES: Tulsa Meals on Wheels Endowment Trust, Trustee, 1989 -1993 Friends of the Tulsa City/County Library, Board of Directors, 1990 -1998; Vice President 1993 Gilcrease Museum Association, 1987 — 1996; President 1994 -1995; Chairman 1995 -1996 Hiilcrest Associates, 1988 — 2000; President, 1991 -1992 Peggy V. Helmerich Distinguished Author Award Committee, Tulsa Library Trust, 1992 — 1997; Chairman 1993 - 1996 Lorene Cooper Hasbrouk Charitable Trust (private foundation), Co- Trustee, 1993 - Present Tulsa Community College, Rest Campus, Part -time Instructor in American Government, Spring Semester 1997 Tulsa City/County Library Commission, Commissioner, 1998 - Present; Vice - Chairman, 2003 -2005; Chairman 2005- 2006 Tulsa City/County Library Trust, Member, 2000 - Present; President, 2005 Stanley While Foundation, (private foundation), Co- Trustee, 2002 - Present Leadership Oklahoma (Class XVII 2003 — 2004) Giicrease Museum Endowment Trust, Trusts ; Chairman 2005 — Oklahorna Foundation for Excellence, 2005 — 0