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cp05-09-2007 c AGENDA REGULAR MEETING - HUTCffiNSON CITY COUNCIL WEDNESDAY, MAY 9, 2007 .CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Gerhard Bode, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF APRIL 24, 2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PUBLIC ARTS COMMISSION BOARD MINUTES FROM MARCH 15,2007 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 20, 2007 3. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2007 (b) RESOLUTIONS AND ORDINANCES . 1. RESOLUTION NO. 13190 - RESOLUTION CONCURRING IN APPROVAL AND AUTHORIZATION OF EXECUTION OF MINNESOTA MUNIClP AL GAS AGENCY AGREEMENT 2. RESOLUTION NO. 13191- RESOLUTION FOR PURCHASE (BIODIESEL) - (c) CONSIDERATION FOR APPROVAL OF SOLICITOR'S LICENSE FOR TONY JENSEN ON BEHALF OF THE HUTCHINSON HOCKEY ASSOCIATION (d) CONSIDERATION FOR APPROVAL OF DESIGN SERVICES AGREEMENT WITH TKDA & ASSOCIATES FOR COMPREHENSIVE AIRPORT PLAN UPDATE (e) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR THE FOUNDATION FOR CHALLENGED CHILDREN ON MAY 19,2007 (f) CONSIDERATION FOR APPROVAL OF AUTHORIZING THE HUTCHINSON EDA TO HIRE ZRT ENGINEERS/ARCHITECTS FOR DESIGN OF INDUSTRIAL SPEC BUILDING Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. - NONE (a) CONSIDERATION FOR APPROVAL OF PROPOSED GRANT APPLICATION ON BEHALF OF CUSTOMER ELATION - Action - Motion to reject - Motion to approve COMMUNICATIONS. REOUESTS AND PETITIONS (a) SUMMARY REVIEW OF HOSPITAL PRIVATIZATION PROCESS CITY COUNCIL AGENDA - MAY 9, 2007 Action - ~SHED BUSINESS (a) DISCUSSION OF 2008 BUDGET PROCESS Action - 10. NEW BUSINESS (a) CONSIDERA TIONFOR APPROVAL OF CREATION OF FINANCIAL MANAGEMENT DEBT PLAN Action - Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF AWARDING PROPOSAL FOR INSURANCE SERVICES Action - Motion to reject - Motion to approval (c) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS - LETTING NO.4, PROJECT NO. 07-04 Action - Motion to reject- Motion to approve (d) CONSIDERATION FOR APPROVAL AWARDING CONTRACT FOR MONTANA STREET NE EXTENSION - LETTING NO. lA, PROJECT NO. 06-01A . Action - Motion to reject - Motion to approve 11. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . 2 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 2007 .CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, Casey Stotts and Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Dale Baker, 1373 Heritage Ave. NW, presented before the Council. Mr. Baker commented that property valuations need to be adjusted due to imbalance. Mr. Baker also encouraged the Council to stay the course with the budlleting for outcomes process. He feels that it would be a good process to follow to review what the commuruty truly wishes to pay for. He expressed that he does not see any downside to the process. Lena Mowlem, 1365 Westwood Road, presented before the Council. Ms. Mowlem explained that she had been requested to be part of the Outcome-Based budgeting I?rocess and was disappointed to fmd out that the City Council decided to put a hold on the project. She felt It would be very beneficial to the City and good to include citizens. She encouraged .the Council to continue on with the process. . Roger Olson, VMF Park representative, presented before the Council. Mr. Olson commented that there has been requests to place a helicopter in VMF Park. The reason for this is that the new mode of transportation in the more current wars is via helicopter. Mr. 01son asked of the Council for their approval to proceed with application to place a helicopter in the park. There will be no cost to the City. There was discussion as to policies and procedures that should be followed as far as accepting items into city-owned parks. Motion by Stotts, second by Peterson, to authorize application procedure for the helicopter, contingent on the design plans being approved and safety considerations being discussed. Motion carried unanimously. 5. MINUTES (a) REGULAR MEETING OF APRIL 10, 2007 Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unarJimously. . 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY BOARD MINUTES FROM MARCH 15,2007 2. PLANNING COMMISSION MINUTES OF MARCH 20, 2007 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2007 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13184-- RESOLUTION APPROVING AND AGREEING TO ENTER INTO ADMINISTRATIVE CONTRACT OF SMALL CITIES DEVELOPMENT PROGRAM FOR THE EXPANDED FRANKLIN GROVE NEIGHBORHOOD HOUSING REHABILITATION PROJECT AND APPROVAL TO EXECUTE SCDP GRANT AGREEMENT 2. RESULUTION NO. 13186 - RESOLUTION FOR PURCHASE (F350 PICK-UP AND UNLEADED 5(G\) CITY COUNCIL MINUTES - APRIL 24, 2007 GASOLINE) . . . 3. RESOLUTION NO. 13187 - RESOLUTION ALLOCATING EXCESS BOND FUNDS TO CERTAIN PROJECTS 4. ORDINANCE NO. 07-0460 - AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 07-0462 - AN ORDINANCE TO CREATE AND ENACT TITLE 5, CHAPTER 54 OF THE CITY OF HUTCHINSON CODE OF ORDINANCES RELATING TO STORMWATER MANAGEMENT (SECOND READING AND ADOPTION) AND APPROVAL OF SUMMARY ORDINANCE FOR PUBLICATION (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF LOT SPLITS LOCATED ON OTTAWA AVENUE AS REQUESTED BY PAUL BETKER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13172, 13173, 13174, 13175, 13176, 13177 AND 13178) 2. CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO RA VENWOOD WEST SUBMITTED BY RA VENWOOD POND HOMEOWNERS ASSOCIATION WITH FAVORABLE PLANNING COMMISSION RECOMMENDA nON (ADOPT RESOLUTION NO. 13179) 3_ CONSIDERATION FOR APPROVAL OF VARIANCE TO ALLOW TWO DETACHED GARAGES ON ONE LOT LOCATED AT 1410 JEFFERSON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13180) 4. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 1318I) 5. CONSIDERATION FOR APPROVAL OF VARIANCE TO ALLOW A 19 FOOT CORNER SIDE YARD SETBACK WHERE 25 FEE~IS REQUIRED FOR AN ADDITION TO A NON- CONFORMING HOUSE AT 340 5 AVENUE SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13182) 6. CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0463 - AN ORDINANCE ADDING LANGUAGE TO THE WIND ENERGY CONVERSION SYSTEM (WAIVING FIRST READING AND. SETTING SECOND READING AND ADOPTION FOR MAY 8, 2007) ( d) CONSIDERATION FOR APPROVAL TRANSIENT MERCHANT LICENSE FOR DEAN SCHLUETER TO OPERATE A TEMPORARY GREENHOUSE IN THE OLD CUB FOODS PARKING LOT (e) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR MINNESOTA WINGS MOTORCYCLE CLUB ON JULY 14,2007 (f) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR VFW POST 906 ON MAY 28, 2007 (g) CONSIDERATION FOR APPROVAL OF AMENDMENT TO CITY POLICY NO. 3.27 - SICK/V ACA TION LEAVE DONATION (h) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT ASSESSMENT ROLL (LETTING NO.1, PROJECT NO. 06-01) 2 '5(Q ') CITY COUNCIL MINUTES - APRIL 24, 2007 (i) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR KENT EXNER TO WASHINGTON D.C. FOR TRANSPORTATION ALLIANCE FLY-IN . G) CONSIDERATION OF ITEMS REGARDING 2007 PAVEMENT REHABILITATION PROJECT (LETTING NO. 5/PROJECT NO. 07-05) (k) RESOLUTION NO. I 3185-A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED . GRANT APPLICATION ON BEHALF OF CUSTOMER ELATION (1) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 BUDGET PARAMETERS (m)CONSIDERATION FOR APPROVAL OF APPOINTMENTS TO THE LIBRARY BOARD Items 6(b)3, 6(c)2, 6(c)6, 6(k) and 6(m) were pulled for separate action. Motion by Stotts second by Peterson, to approve the consent agenda with the exception of the items noted above. Motion carried unarJimously. Item 6(b)3 had further discussion. Mayor Cook suggested combining some of the items into one sentence. The content of the Resolution will not change. Motion by Peterson, second by Stotts, to approve Resolution No. 13187 with minor revisions. Motion carried unanimously. Item 6( c)2 had further discussion. Mayor Cook noted that part of this application includes plantings around the pond area. Mayor Cook suggested requirirJg plantings around the pond as opposed to merely encouraging plantin~s as the Planning Commission recommended. Rebecca Bowers, PlannnglZoninglBuildmg Director, noted that staff and the Planninll Commission recommended planting mainly because there is no set policy or standard in place identifying what type of plantings should be incorporated. Kent Exner, City Engineer, noted that staff generally directs property owners to plant Mn/DOT-type grasses that do not flood out easily. Council Member Peterson encouraged that staff develop a policy or ordinance related to plantings around ponds. Motion by Peterson, second by Stotts, to aPl?rove Resolution No. 13179, additionally directing staff to develop a policy or ordinance related to plantmg around ponds. Motion carried unarJimously. Item 6( c)6 had further discussion. Mayor Cook suggested staff researching a similar-type ordinance that was adopted in Mason City, Iowa. The ordinance the mayor is referring to has additional language that is not included in the proposed ordinance. Motion by Peterson, second by Stotts, to table this item until a revised draft of the ordinance is presented. Motion carried unanimously. Item 6(k) had further discussion. Mayor Cook noted that the next Council meeting scheduled for May 8, 2007, may be rescheduled and noted that the public hearing date will need to be reset. Motion by Stotts, second by Haugen, to set public hearing for May 9, 2007. Motion carried unarJimously. Item .6(m) had further discussion. Mayor Cook recommended that Abby Dahlquist and Guy Stone be appomted. Motion by Peterson, second by Stotts, to ratifY the Library Board appointments. Motion carried unanirnously. . PUBLIC HEARINGS - 6:00 P.M. - NONE 8. COMMUNICATIONS. REOUESTS AND PETITIONS 3 . 5(c\} CITY COUNCIL MINUTES - APRIL 24, 2007 . (a) EXPLANATION OF PROPERTY VALUATIONS AS PROVIDED BY SUE SCHULZ, MCLEOD COUNTY ASSESSOR Sue Schulz, Mcleod County Assessor, presented before the Council. Ms. Schulz noted that there were some issues with commercial properties. Ms. Schulz explained that there are other avenues that can be explored in assessing the values of commercial properties. Essentially all of the commercial property valuations will be reverted to the 2006 valuation and a better process will be established moving forward. Commercial property owners had seen very large increases in their valuation. Council Member Stotts asked if the shift in commercial property valuations will increase residential valuations. In addition, he asked if the State would shift things this summer. He also asked that communications be improved between the Assessor's office and the City. Ms. Schulz noted that her office is 100king into using a consultant to assess property valuations and have them equitably placed where they should be. (b) UPDATE ON BUILDING PERMIT FEES FOR "DREAM SHEDS" PROPOSAL Rebecca Bowers, Planning/ZoninglBuilding Director, presented before the Council. Ms. Bowers explained that at the last Council meeting some information was presented regarding the City of Hutchinson' s building permit fees that was inaccurate. Ms. Bowers presented information showing that Hutchinson is in the median related to surrounding communities when it comes to building permit fees. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION OF APPOINTING COUNCIL REPRESENTATIVES ON ADVISORY PANEL FOR HIGHWAY 7 CORRIDOR STUDY . . Rebecca Bowers, Planning/ZoningIBuilding Director, presented before the Council. Ms. Bowers requested that at least one Council Member sit on the advisory panel for the Hwy 7 Corridor Study. Other members include Planning Commissioners, staff members, and an EDA board member. Council Member Haugen volunteered to sit on the Hwy 7 Corridor Study advisory panel. (b) DISCUSSION OF SUMP PUMP INSPECTION PROGRAM OPTIONS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained the importance of a sump pump inspection program to the Public Works department. Four proposals were presented to the Council to administer the sump pump inspection program. One option is a full proposal by Bolton & Menk in the amount of$31,000. A second option is a revised proposal from Bolton & Menk in the amount of$2I,000 (this revised proposal would include more staff contribution than the first proposal). The third proposal is to hire a private contractor along with City staff support. There is some concern by staff that this proposal would not be completed in the most timely manner. . The fourth proposal is that the inspection program is completely conducted by City staff. Current staff loads do not make this the most viable option. Council Member Peterson noted some liability concerns with hiring a private contractor. City Attorney, Marc Sebora, noted that conditions could be placed on the contractor to have appropriate insurance in place. Council Member Stotts suggested utilizing engineering interns to conduct the inspections. Kent Exner noted some concerns on putting this type of responsibility on inexperienced individuals. Some of these inspections 4 5(0) CITY COUNCIL MINUTES-APRIL 24,2007 could be adversarial situations. Kent Exner noted that the inspections will be administered and conducted by engineering technicians and interns trained by Bolton & Menk. . Mayor Cook noted that after this major project is completed, he would prefer that staff carry out the inspections in the future. . Motion by Cook, second by Peterson to approve using the Bolton & Menk revised proposal at $21,000. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF TRUNK HIGHWAY 15 COALITION ANNUAL DUES AND DEVELOPMENTFUNDCON~UTION Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the objections of the Hwy 15 Coalition. The coalition consists of municipalities between I-90 to Sauk Rapids. The Coalition will be seeking a federal grant in the amount of$ I million to conduct a corridor study arid to preserve the corridor. Staff is requesting the Council authorize $200 for the dues to the Coalition and contribute $5000 to the . development fund. Mr. Exner explained that Hutchinson has much to gain from a preserved Hwy 15 corridor. Ultimately, the City will benefit from a comprehensive plan that will be developed by the Coalition. The funds would be utilized from comprehensive planning fees that are collected. Motion by Stotts, second by Peterson, to approve a paying armual dues in the amount of$200 and making a development fund contribution in the amount of $5000 to the Hwy 15 Coalition. Motion carried unanimously. . (d) DISCUSSION OF MN/DOT TRUNK HIGHWAY 7/I 5/22 RECONSTRUCTION 2007 CONSTRUCTION ACTIVITIES, PHASING AND DETOURS Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the construction plan and detour route for phase 2 of the Hwy 7 project. Construction plarJS to begin on April 30, 2007. The first part of the project will begin from where the project left off last year to School Road NW. The detour route will run from Water Street, along Golf Course Road, to School Road NW. The truck detour route will be the same as last year: from the west the route will run from V ale Avenue to County Road 82 to School Road to Airport Road; from the east the truck route will follow Hwy 22 to Airport Road linking back up to Hwy 7. (e) CONSIDERATION OF RESETTING MAY 8, 2007, CITY COUNCIL MEETING TO MAY 9, 2007 Due to the absence of Council Member Bill Arndt, it has been requested that the next Council meeting date be moved to May 9, 2007. Some topics that will be addressed at the next Council meeting deserve the full Council's attention. Motion by Haugen, second by Stotts, to approve resetting the May 8, 2007, City Council meeting to May 9, 2007. Motion carried unarJimously. 11. MISCELLANEOUS (a) COMMUNICATIONS . Hutchinson Area Health Care Request 5 5(~) CITY COUNCIL MINUTES - APRIL 24, 2007 . . Mayor Cook noted that HAHC is requesting approval of a $2.7 million construction of a new Orthopaedic/Rehabilitaiton Center. Motion by Haugen, second by Peterson, to approve the request of Hutchinson Area Health Care. Motion carried unarJimously. Landform Contract Rebecca Bowers requested that the contract with Landform, who will be conducting the Hwy 7 Corridor study, be approved as distributed. Motion by Stotts, second by Peterson to approve the proposed contract with Landform. Motion carried unanimously. Orville Moe, 18017 Common Street, presented before the Council. Mr. Moe noted that he has been involved with renewable energy research and offered to hold a short seminar/presentation on renewable resources. Mayor Cook suggested holding a workshop prior to the next Council meeting. Council Member Stotts suggested settmg a presentation in the evening some time at the Event Center and invite the public and other representatives to attend. Marc Sebora - Mr. Sebora noted that the City's smoke-free workplace ordinance goes into effect June 1, 2007. Mr. Sebora will put on a presentation to business owners related to what the requirements are. Discussion was held regarding the proposed acts in the state legislature. Kay Peterson - Council Member Peterson suggested setting April 26lh from 9:30 a.m. ~ II :00 a.m. at the Fairgrounds as a public meeting to attend the mock crash. Motion by Peterson, second by Stotts to set as public meeting. Motion carried unanimously. Gary Plotz - Mr. Plotz noted that Mcleod County is starting a pro~ related to e-waste. The e-waste disposal site for Hutchinson is Creekside compost facility. A nommal fee will be charged. In addition, another program is going to be offered at the Fairgrounds. More information will be forthcoming. Kent Exner - Mr. Exner noted that a meeting of the Hwy 15 Coalition will be held on Friday April27lh from 10:00 a.m. - 12noon at the Event Center. Mayor Cook - Mayor Cook asked John Olson, Public Works Manager, about the amount of potholes on the streets. Mr. Olson noted that two-run days are bein~ scheduled which will allow for more repairs to be made. He encouraged anyone with concerns or speCific areas to contact Public Works. Kent Exner also noted that striping on Hwy 7/Hwy 15 will begin in the near future. Mayor Cook also noted that City representatives met with Sen. Amy Klobuchar yesterday and it was a very beneficial meeting spent with her. Mayor Cook also noted that HUC is having a meeting on May 8, 2007, at 9:00 a.m. at the Utilities office to consider joining a Minnesota municipal gas agency. Motion by Cook, second by Peterson, to set May 8, 2007, at 9:00 a.m. at the Hutchinson Utilities CommiSSIOn office as a public meeting. Motion carried unanimously. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN . Motion by Stotts, second by Cook, to adjourn at 7:25 p.m. Motion carried unanimously. 6 SCu ') . . . City of Hutchinson - Public Arts Commission March 15, 2007 4:30 PM, City Center Regular Meeting Minutes Members Present: Tom Wirt, Terry Kempfert, Joanne Wilmert, Mayor Steve Cook, Dolt Moon Tom Wirt called the meeting to order at 4:35. Minutes from the February 15, 2007 meeting were approved. MPS Moon/Wilmert Old Business: . Asked for updates to the Inventory Spreadsheet. . Updates on Polley and Procedure Categories: o Rotating Art in public spaces - review draft LuAnn o Gifting and Transfer of ownership process- Dolt/Rebecca - need something "legal" from Marc Sebora o Maintenance - Dolt/Rebecca o Retiring/Obsolescense - Dolf/Rebecca o Public Works input/responsibilities - Dolf/Rebecca o Introduction/history - Tom We should try to add in remaining parts by April meeting so we can have a "completed" document to review. New Business: o Fiscal Management - if we are getting funds from fees, should it be part of the cities budget vis be managed by a foundation? Start by talking w/ Ken Merrill, Marc Sebora. & foundation. (Moon/Cook) o Tom presented outline for Section 6 - Processes overview. o Going forward, the Public Arts Commission will probably meet quarterly and provide a yearly update to the city council. o Need to create an informational brochure for prospective donors by April (Tom) o Turn In all remaining pieces to Tom by the first week in April. Draft to be ready by 4119 for review. Meeting adjourned. MPS WirtNVilmert Next Meeting: Thursday, April 19, 4:30 pm at the city center. LP (C\ ) \ . . 6. . ~n~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, March 20,2007, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, La V onne Hansen, Joel Kraft, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON FEBRUARY 20,2007 Ruth Kimball moved to approve the Minutes as written. LaVonne Hansen seconded and the motion carried unanimously. 3. FINANCIAL REPORTS LaVonne Hansen moved to approve the Financials Reports. Becky Felling seconded and the motion carried unanirnously. 4. PARK TOWERS a. Jean Ward updated the Board on the progress of the Center for Energy and Environment analysis of Park Towers. b. Jean Ward reviewed with the Board the updated PHAS score for Park Towers 5. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE a. Jean Ward reviewed with the Board the RFP's received from Hometown Realty and Coldwell Banker Advantage. Ruth Kimball moved to approve Coldwell Banker Advantage. Becky seconded the motion. La V onne Hansen and Joel Kraft abstained from the vote. The motioned passed. COMMUNICATIONS Chairman Casey Stotts reviewed with the Board the results from the focus groups outcome based budgeting survey. 7. HOUSING AMERICA 2007, SAMPLE PROCLAMATION Becky moved to approve the sample proclamation. Joel Kraft seconded and the motion carried unanimously. 8. YEAR END REPORT Jean Ward reviewed with the Board the HRA Year End Report presentation in the Council Chambers. 9. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, lIRA Executive Director ~ l~g, Secretary/Treasurer March 20, 2007 Minutes Page 1 of 1 (p (U)2- . Memo Hutchinson Fire Department To: Mayor and City Council Members From: Brad Emans, Fire Chief o.te: 05101/07 Re: Monthly Update on Activities of the Fire Department Fire Deparbnent Response: The fire department responded to 37 general alarms in the month of March. Officer Only Response: An .officer only" responded to 15 calls in April, saving the fire district the cost of a general alarm and more importantly, kept our firefighters on their full time job or at home with their families! Response Time (First Emergency Vehicle Out of the Door): April - 3 minutes 46 seconds . Example of a few of the calls: . The FD responded to a report of a small grass fire in the NE part of our fire district. Three hours later and with the help of the Sliver Lake FD we had the fire under control. The fire was started from the buming of garbage and an old Christmas tree. . The FD responded to an attic fire in the NE part of the City of Hutchinson. Firefighters had to cut ventilation holes in the roof and pull ceilings in the house to gain access to the fire. The cause of the fire was due to construction/remodeling practices. . The FD responded to a possible missing person on the Crow River when an unattended boat was found fioating after witnesses sa!N a person in it Fortunately, the person was found later unharmed. . The FD responded to a two vehicle accident in the southem part of our fire district where exbicalion was needed to remove one victim. . A fire officer responded to a report of heavy smoke blanketing the NW part of the City of Hutchinson. a large controlled bum north of the city was in progress when the wind switched to the north blowing all of the smoke into the city. The FD advised the party to back bum the slough to put it out . A fire officer investigated an attempted arson fire in the SW part of the city. The siding on a utility building was set on fire. The investigation continues. . 1 (j (eI)"3 This is the breakdown of the calls for the month: City: ~ Residential4 CommerciaVlndustrial7 Multi-family 1 SchoolO Carbon Monoxide 2 Hazardous Material 2 Vehicle 4 Rescue 1 Medical 0 Grass 3 Sky-Wam 0 Good Will 0 . . Mutual Aid 0 Structure Fires 2 Arson 1 Rural: Rescue 2 Grass Type 4 Medical 4 Residential 0 Farm Building 0 Hazardous Material 0 Carbon Monoxide 1 Vehicle 2 Commercialllndustrial 0 Good Will 0 Mutual Aid Structure Fires 0 Arson 0 Drills I Meetings I Other Infonnatlon Training: 1. Medical Training - head and neck injuries (preparation for motorcycle season) 2. HTI - tour and pre-plan with our mutual aid partner Silver Lake FD 3. Auto extrication for our 11 new firefighters (classroomlhands--on) 4. Equipment check off for our 11 new firefighters . We assisted the City Park Department with three native prairie grass restoration bums. . We assisted Ufe-Unk Ambulance in the filming of a successful on-scene landing for the training of other fire departments. . We assisted Ridgewater College with the Wild Land firefighting training course held over two weekends in Hutchinson. Fire Prevention I Public Relations . We participated with the Hutchinson Police departmen~ Hutchinson Ambulance, and Ufe-Unk in a "Mock-Crash" for the Hutchinson High School, Hutchinson Charter School, and Lester Prairie High School in an effort to show the resuR of "driving while impaired". This demonstration was held prior to Prom! . We participated in the annual JC's babysitter clinic. It was our part to teach emergency response actions. The clinic was attended by over 100 young people. . We participated in the annual 'We Care About Our Kids" at the Hutch Mall. . We put on the program on "Storm Preparation" for the residence of Park Towers . Page 2 (}(C\ )3 . . . RESOLUTION NO. 13190 RESOLUTION CONCURRING IN APPROVAL AND AUTHORIZATION OF EXECUTION OF MINNESOTA MUNICIPAL GAS AGENCY AGREEMENT WHEREAS, the Hutchinson Utilities Commission (hereinafter referred to as the "Governing Body") has been empowered by law, city charter, or by resolution of the city council (the "City Council") of the City of Hutchinson, Minnesota (the "City") to establish and regulate rates and charges for the distribution of gas within the City; and WHEREAS, the City, acting through the Governing Body, has by resolution approved and authorized execution of an agreement to establish and make the City a member of the Minnesota Municipal Gas Agency and appointed the Hutchinson Utilities Commission Initial Representative to such Agency pursuant to Minnesota Statutes, Sections 453A.01 through 453A.12 (the "Act"); and WHEREAS, the Act provides that the aforementioned resolution of the Governing Body will become adopted by the City only upon the concurrence of the City Council of the City. NOW, THEREFORE BE IT RESOLVED that the City Council concurs in the resolution passed by the Governing Body to approve and authorize execution of an agreement entitled "Agency Agreement," with such other Municipal Gas Systems as are named therein, such agreement to be effective as of the date when executed by all of the Municipal Gas Systems named therein, for the purpose of [establishing and] becoming a member of said Agency and the appointment of the Hutchinson Utilities Commission Initial Representative as provided for therein. CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA (Seal) ATTEST: By By Signature Signature By Name (Printed) [Mayorl Title (pCb) \ RESOLUTION NO. 13191 CITY OF HUTCHINSON . The Hutchinson City Council authorizes the purchase of the following: RESOLUTION FOR PURCHASE ITEM COST PURPOSE DEPT. BUDGET VENDOR 7,496 gal Biodiesel $I7,139 Use by MnDOT, Utilities HATS Yes Schmeling Oil Co & City vehicles . e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Motion Made By: 41teconded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director Date Approved: May 9, 2007 Co C b }L . . . III Hassan Street Southeast Hutchinson, MN 55350 (320) 587.5151/Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLIOTORS, AND TRANSIENT MERCHANTS All applications must be received at least 30 days before event in order to be considered o Solicitors o Transient Merchant ~ Peddler ~ql ftD'l. -to ~~,~ $100.00 $100.00 $100.00 Name: Height: TON Y Jfj~1V 5' 811 Weight: :::2 00 () (\-f; Ie Driver's License Number: Permanent Address: Jn55" JtV1L I:.l-1N5D1\}' City Eye Color: -BROl.t?LJ Slate: rn Ilf ~ sr .S-V m~ 55'350 State Zip S87-~{ Permanent Telephone: Temporary Address: 5-;(0 City Stale Zip Temporary Telephone Access: Have you been convictedvoy crime, misdemeanor, or violation of any municipal ordinance, other than traffic violalions? 0 yes)lll. no If yes, slate the nature of offense and punishment or penalty assessed therefore: v( c ) . . . City oj HlI.tchin.wn Applicationfor Peddlers. Solicitors. and Transient Merchants Page 2 of3 --.t!0lC trlt'\fOJ\J ~-Key Location Name \:J \.~.\L~ ~ lVI4- Locatio'n -Address ~9XI~) ~\J)YWJ1A<oflJ Ci mtJ State s:<<?~() 7i BuBil\t:# Describe relalionship between applicant and employer: V(jLlJ1\J)t~~ Describe nature of business and describe item(s) offered: ~~~ - WoVltE: ~II ~ JJ;Iri/ f-Sl~~.w- .JIf'::m~ - .5:"EL-LI1\.Y:r- Ul-W)lJ ~1J2l5-R.. (::;;1-0-10 !Ab Il'J$Fc:r(CIM~ &-R t-l-i'3RtlCl b0';\ As If .Qm'r\ 'f?f1tst?-R. Describe method of delivery: .qWhL$1f > ~ ~\Q:.W . Describe source of supply: &" ~ jt _-' PR.C\)l(T~ .) Supplier Na~ - - -'I' --.' '1 -- L~ C. / /'. _"'/ ,,)/,1_ ""<, Supplu Pho~ Number rc I'c) :; :;:.1;- -VI"}/-<:t 7. ":;It, tit :-1 de Supplier Address ~. ..'" #./' i '. City n,)}\" Stare 9(';,.:,- Zip Dr Supplier Nome Suppler Phone Number Suppl~r Address City State Zip Supplier Na~ Suppler Phone Numbu S lier Address Cirv State Zi Provide two (2) property owners (preferably in McLeod County) for character references: ~?o'1 ~ ~~Hm---f:te~. ~-::<.D .$l'- U3?- Property Owner Name Property Owner Phone Number (0:(0 ~15R.TS R~ S1.0 Property Owner Ailiiress ~itr0 ~~ Property Owner Name {qq lc5 (J'AANtr-{; ftVP~ Pro e Owner AtkJ~ss ~ City ~5~O Zip yYJll.) State Property Owner Phont Numbt:r rjUlCfh ~fJ\') Ci ml1) 55~O State zj (0 (G ') . . - City of Hrachinso71 ApplicatiOrtfor Peddkrs. Solicitors. and Transient Merchants Pl1ge3of3 ...!R~renae.lrif&n:1l!ti.oIiK~Ji\ili\J" List last (up to three (3)) previous city(ies) where you carried on same activily: NO~ to City State Date(s) of Acti....ity to City State Date(s) of Activity to City State Date(s) of Activity .c"~H The following items need to be completed andlor attached in order for the application to be processed: ApplicationJInvestigalion fee paid in full (check or money order): Il{yes 0 no A lication co leled in full and si ned: 0 no I hereby certify I have completely f1lled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guiliy of a misdemeanor and upon conviction thereof shall be punished by a fme not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. 4-Jt -cJ? Date Police 0 approved 0 denied Notes: City Council 0 approved 0 denied Notes: H:tt..JceIRIIAppllcII:lorts/Ped.d.ler,Soiic:ior,TrmsieDt.doc w(e-) . . . City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 April 30, 2007 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager CC: Kent Exner, City Engineer Subject: Proposed Contract with TKDA Engineers for new Airport Layout PIan (ALP) I recommend entering into a contract with TKDA Engineers for $30,000 to update the City's ALP, contingent upon receiving funding from the Federal Aviation Adminisiration (FAA) and/or MnlDOT Aeronautics for this work. The ALP is expecied to funded at Ihe 95% ($28,500) level from FAA, with the City being responsible for 5% ($1,500). This document is used by us as the basis for planning improvements, and is used by the FAA and by MnlDOT Aeronautics to evaluale our airport's needs and potential funding opportunities. Our ALP has not been updated for more than 15 years. The last update was dated in December 1991. Aerial photography used in the ALP was taken in 1978, nearly 30 years ago. The proposal from TKDA is to updaie the existing pen and ink drawings on Mylar drafting film and update them to a fonnal compatible with the City's engineering and GIS syslems. The FAA continues to add requiremenls 10 an ALP. The current generation of ALP's is used by FAA to analyze airport needs and include several airport-specific design standards, airfield geometry, wind analysis, activity forecasts and many other technical measures. Because of the iechnical nature of the infonnation, I recommend this update be done by an experienced engineer. Other airports are paying anywhere beiween $10,000 for minor updates to existing electronically- based plans to as much as $70,000 creation of a substantially new layoul. Mn/DOT Aeronautics, in their capital improvement infonnalion, suggests budgeting beiween $15,000 and $45,000 for an ALP update. In a letter from TKDA, they inferred our project would require efforts beyond a minor updaie, but would not require significant effort requiring the larger expendiiures. Infonnation from other airports and Mn/DOT indicate the $30,000 amount for the update is reasonable. In the FAA Advisory Circular recommends using a cost plus fixed fee (Not-to-Exceed) contract when the scope and/or cost of the project cannot be accurately detennined ahead of time. In the case of an ALP update, the FAA Advisory Circular indicates it being preferable to negotiale a lump sum contract because the scope of the project can be fully and clearly defmed at the time the agreement is prepared. & (d) . . . TKDA 444 Cedar Stroot. SUIte 1500 SUll Paul, MN 55101-2140 EOOHERS . AInIJECTS . PI.AIftRS (651) 292-4400 (651) 292-0083 Fax www.lkda.com April 19, 2007 Mr. John 01son Hutchinson Area Transportation Facility I400 Adams Street SE Hutchinson, Minnesota 55350 Re: Hutchinson Municipal Airport 2007 FAA Capital Program Airport Layout PlarJ Dear Mr. Olson: We have enclosed two copies of a proposed contract for a new Airport Layout PIan (ALP) for Hutchinson Municipal Airport. The existing ALP package for Hutchinson is large1y pen and ink drawings on Mylar drafting fihn. Some of the drawir1gs are ACAD updates for specific projects, but other drawings date back to 1978, 199I, and 1995. In addition, the FAA keeps addirlg to the requirements of arJ ALP package. The current generation of ALP's provides a great deaI of data on airport-specific design standards, airfield geometry, wind analysis, activity forecasts, etc., so they are typically prepared by an experienced airport consultant. A new electronic ALP package has therefore been included in the City's CIP. We are currently preparing ALPs for two other 10cations, one costing $70,000 and one costing $10,000. The more costly of the two irlvolves altemative nmway options, land use, new building area quadrant, utility record drawir1gs, and other local planning issues. The less costly effort is a "tune-up" of a more recent electronic ALP to support specific improvements. This effort for Hutchinson is between the two in terms of effort required and associated cost. We are proposing a $30,000 lump sum contract. The lump sum is federallyallowable arid appropriate when the scope of services can be accurately defined prior to beginning the work.With 95% federal funding, the 10cal cost will be $1500. An EmpIoyeo Owned CIlmpany Promoting A_ AcIiOn and Equal 0pp0ItunIty Co Cd) . . . Mr. John Olson Hutchinson Area Transportation Facility Hutchinson Municipal Airport ApriI 19, 2007 Page 2 of2 If this proposal is acceptable, please execute both copies and return one for our files. We appreciate the opportunity to again be of service to the City of Hutchinson. Please contact us with any related questions or comments. Sincerely, f~~= LWK:lw Enclosures Co Cd) ARCHITECT/ENGINEER AGREEMENT Between . CITY OF HUTCHINSON, MINNESOTA (OWNER) and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED (CONSULTANT) for PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this f? ;/.. day of ~~ . 2007, by and between CITY OF HUTCHINSON, MINNESOTA, hereinafter referred to a the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED with a regular place of business at 444 Cedar Street, Suite 1500, St. Paul, Minnesota 55101-2140, hereinafter referred to as the CONSULTANT. WITNESSETH: . That the OWNER and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE The OWNER agrees to and hereby does retain and employ the CONSULTANT and the CONSULTANT agrees to perform Architectural, Engineering, and/or other Professional Services for the Project at Hutchinson Municipal Airport entitled: Airport Layout PIan, hereinafter referred to as the Project. The Project and those services to be performed hereunder are more particularly described in A IT ACHMENT A, a part hereof, and may be financed in part by grant-in-aid programs of the Minnesota Department of Transportation, Office of Aeronautics (Mn/DOT), and/or the Federal Aviation Administration (FAA) as described in Article 14. ARTICLE 2. PERIOD OF SERVICE Compensation for the CONSULTANT'S services, as provided elsewhere in this Agreement, has been agreed to in anticipation of an orderly and continuous progress of the CONSULTANT'S services through completion. . -1- (P etA ') ARTICLE 3. COMPENSATION TO THE CONSULTANT A. Compensation to the CONSULTANT for services described in this .Agreement shall be on a Lump Sum basis, Cost Reimbursement PIus Fixed Fee basis, and/or an Hourly Rate basis as designated in the box below, and in ATTACHMENT B, and as hereinafter described. L8J o . . 1. A Lump Sum method of payment for the CONSULTANT'S services shall typically apply to all orparts of a work scope where the CONSULTANT'S tasks can be readily defined and/or where the level of effort required to accompIish such tasks can be estimated with a reasonable degree of accuracy. The OWNER shall make monthly payments to the CONSULTANT within 30 days of date of invoice based on an estimated percentage of completion ofthe CONSULTANT'S services. Reimbursement for Direct Expenses incurred in the performance of the work shall be included in the Lump Sum amount, unless otherwise set forth in ATTACHMENT A. 2. A Cost Reimbursement PIus Fixed Fee method of payment for the CONSULTANT'S services shall typically apply to all or parts ofa work scope where the CONSULTANT'S tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be established with any reasonable degree of accuracy. Under a Cost Reimbursement Plus Fixed Fee method of payment, the CONSULTANT shall be paid for the actual costs of providing required services plus a fixed fee payment as defined in FAA advisory Circular 150/5100-14C, dated February 16, 1994, and as further defmed as follows: a. Direct Salary Costs incurred by the CONSULTANT for employees time directly chargeable to the Project, and in accordance with the CONSULTANT'S SALARY SCHEDULE included in ATTACHMENT B. Periodic revisions to the schedule may be made and any such revisions shall be submitted by the CONSULTANT to the OWNER for approval. b. Overhead Costs including overhead on direct labor, including, but not limited to, employment taxes, fringe benefits, holidays, vacation, and sick leave, and all allowable general and administrative overhead costs. Overhead Costs shall be calculated as a percentage of Direct Salary Costs, with such percentage based on the CONSULTANT'S audited records. The Overhead Rate to be applied to this Agreement and any special provisions relating thereto shall be set forth in ATTACHMENT A. -2- wCc\) . . o . c. Direct Non-Salary Expenses incurred by the CONSULTANT for costs directly chargeable to the Project, including, but not lirnited to: 1) Travel and subsistence. 2) Outside professional and technical services. 3) Identifiable reproduction and reprographic charges. 4) Expendable field supplies and special field equipment rental. 5) Other acceptable costs for such additional items and services as may be required by the OWNER to fulfill the terms of this Agreement. d. Fixed Fee. In addition to the above reimbursement of costs, the CONSULTANT shall be paid a fixed fee in the amount set forth in A IT ACHMENT A. It is agreed that the fixed fee will be subject to adjustment in case of a work scope change, abandonment of the work prior to completion, or deletion of specific tasks. The OWNER shall make monthly. payments to the CONSULTANT within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, including a proportionate amount of the fixed fee. Invoices shall be accompanied by supporting evidence as required. 3. Ifno Federal funds are involved in this Agreement, an Hourly Rate method of payment for the CONSULTANT'S services may be utilized as an alternative to the Lump Sum or Cost Reimbursement Plus Fixed Fee methods. Under an Hourly Rate method of payment, the CONSULTANT shall be paid for the actual hours worked on the Project by the CONSULTANT'S technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be furnished by the CONSULTANT to the OWNER upon request. -3- Lo (d) In addition to the foregoing, the CONSULTANT shall be reimbursed at cost for the following Direct Expenses when incurred in the performance of the work: . a. Travel and subsistence. b. OWNER-approved outside professional and technical services. c. Identifiable reproduction and reprographic charges. d. Expendable field supplies and special field equipment rental. e. Other acceptable costs for such additional items and services as may be required by the OWNER to fulfill the terms of this Agreement. The OWNER shall make monthly payments to the CONSULTANT within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. B. The OWNER, MnlDOT, FAA or their authorized representatives shall .have access to the CONSULTANT'S records for the purpose of accounting and audit. The CONSULTANT shall maintain all records relative to this Agreement for a period of not less than three years, subsequent to the OWNER'S fmal payment to the CONSULTANT and until the Project is financially closed-out by the FAA. ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS CONTRACT If the CONSULTANT is of the opinion that any services it has been directed to perform are beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes Extra Work, it shall promptly notify the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties and approved by MnlDOT and FAA, prior to proceeding with any Extra Work or related expenditures. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven calendar days' written notice. In addition, the OWNER may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the OWNER to the CONSULTANT. In the event of an unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated, upon seven calendar days' written notice as provided above. . -4- (o(c\ ') In the event of termination, all documents, fmished or unfinished, prepared by the CONSULTANT under this Agreement, shall be made available by the CONSULTANT to the OWNER pursuant to Article 7 herein, and there shall be no further obligation of the OWNER to the CONSULTANT under this Agreement, except for payment of amounts due and owing for work . performed and expenses incurred to the date and time of termination, computed in accordance with Article 3 herein. In the event ofa reduction in scope of the Project work, the CONSULTANT shall be paid for the work performed and expenses incurred on the Project work thus reduced and for any completed and abandoned work for which payment has not been made, computed in accordance with Article 3 herein. ARTICLE 6. DISPUTE RESOLUTION In the event of an irreconcilable dispute under this Agreement, which cannot be resolved through informal means, the Parties may, upon written agreement, submit to the resolution process set out in this provision. Once the Parties have agreed to the resolution process, each Party shall have seven (7) calendar days to designate one representative, who shall have authority to act on this Agreement. If either Party fails within that time to inform the other Party in writing of its designation, the other Party is free to pursue all other legal and equitable remedies. Within ten (10) calendar days of designation of the representative, the representatives shall meet and shall entertain such presentation of testimony and other evidence as the CONSULTANT and the OWNER may wish to present with respect to the dispute. Within seven (7) calendar days after the close of such presentation, the representatives shall resolve the dispute or either Party is free to pursue all other legal and equitable remedies. When . the representatives resolve the dispute, their decision. shall be final and conclusive. Shouldthe representatives be unable to agree on a resolution of the dispute, then the Parties are free to pursue all other legal and equitable remedies. Each Party's costs for the dispute resolution shall be borne by the respective Party. If the Parties do not agree in writing to the resolution process set out above, either Party is entitled to pursue any other legal or equitable remedies available. ARTICLE 7. DISPOSITION OF PLANS, REPORT AND OTHER DATA At the time of completion or termination of the work, the CONSULTANT shall make available to the OWNER, upon request, all maps, tracings, reports, resource materials and other documents pertaining to the Project. All such documents are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or to any other project. Any reuse without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at OWNER'S sole risk and without liability or legal exposure to the CONSULTANT. In this regard, the OWNER will indemnify and hold harmless the CONSULTANT from any and all suits or claims of third parties arising out of such reuse, which was not specifically verified, adapted, or authorized by the CONSULTANT. . -5- w(~) In the event electronic copies of documents are made available to the OWNER pursuant to the foregoing paragraph, the OWNER acknowledges that the usefullife of electronic media such as magnetic tapes and/or floppy disks may be limited because of deterioration of the media or eobsolescence of the computer hardware and/or software systems. Therefore, the CONSULT ANT makes no representation that such media will be fully usable beyond 30 days from date of delivery to OWNER. ARTICLE 8. DOCUMENTS FORMING THE CONTRACT The contract documents shall be deemed to include this Agreement with all accompanying attachments a part hereof. ARTICLE 9. OWNER'S RESPONSIBILITIES A. To permit the CONSULTANT to perform the services required hereunder, the OWNER shall supply, in proper time and sequence, the following at no expense to the CONSULTANT: 1. Provide all necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing, a person to act as OWNER'S representatives with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define OWNER'S policies with respect to the CONSULTANT'S services. . 3. Furnish, as required for performance of the CONSULTANT'S services (except to the extent provided otherwise in ATTACHMENT A), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in ATTACHMENT A. 4. Provide access to, and make all provisions for, the CONSULTANT to enter upon publicly or privately owned property as required to perform their services. 5. Act as liaison with other agencies to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion ofthe Project. . -6- (pC J) 6. . . . Examine all reports, sketches, drawings, specifications and other documents prepared and presented by the CONSULTANT, obtain advice of an attorney, insurance counselor or others as OWNER deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of the CONSULTANT. 7. Give prompt written notice to the CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT'S services or any defect in the work of Construction Contractor(s), Consultants or the CONSULTANT. 8. Initiate action, where appropriate, to identifY and investigate the nature and extent of asbestos and/or pollution in the Project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of these General Provisions, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic waste means any substance, waste, pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. 9. If the CONSULTANT encounters, or reasonably suspects that it has encountered, asbestos or pollution in the Project area, the CONSULTANT shall cease activity in the said area and promptly notifY the OWNER who shall proceed as set forth above. Unless otherwise specifically provided in ATTACHMENT A, the services to be provided by the CONSULTANT do not include identification of asbestos or pollution and the CONSULTANT has no duty to identifY or attempt to identifY the same within the Project area. 10. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or the CONSULTANT may reasonably request with regard to legal issues pertaining to the Project and such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract. -7- (PCJ) 11. Provide such inspection services (except to the extent provided otherwise in ATTACHMENT A) as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. . 12. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 13. Provide written notice to the CONSULTANT when the Project has been financially closed-out by FAA. 14. Provide other services, materials, or data as may be set forth in ATTACHMENT A. B. The CONSULTANT shall be entitled to rely on the accuracy and completeness of information furnished by the OWNER. If the CONSULTANT finds that any information furnished by the OWNER is in error or is inadequate for its purpose, the CONSULTANT shall promptly notify the OWNER. ARTICLE 10. OPINIONS OF COST . Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by the CONSULTANT in ATTACHMENT A, a part hereof, are to be made on the basis of the CONSULTANT'S experience and qualifications, and represent the CONSULTANT'S best judgment as an experienced and qualified design professional. It is recognized, however, that the CONSULTANT does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of the CONSULTANT'S cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, the CONSULTANT does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by the CONSULTANT to OWNER hereunder. ARTICLE 11. CONSTRUCTION PHASE SERVICES OWNER acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction- . related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or or-equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to the CONSULTANT'S detecting in advance of performance of affected work . -8- loCJ) inconsistencies or irregularities in such documentation. OWNER agrees that if the CONSULTANT is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of a Project described in this Agreement, the CONSULTANT will not be ~sponsible for, and OWNER shall indemnify and hold the CONSULTANT (and the CONSULTANT'S professional associates and consultants) harmless from, all claims, damages, 10sses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by OWNER or others. Nothing contained in this paragraph shall be construed to release the CONSULTANT (or the CONSULTANT'S professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which the CONSULTANT has undertaken or assumed under this Agreement. ARTICLE 12. INSURANCE The CONSULTANT shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death. of any and all employees or of any person other than such employees, and from claims against it for damages because of injury to or destruction of property including 10ss of use resulting therefrom. Subject to the provisions of Article I3 herein, the CONSULTANT shall also procure and maintain professional liability insurance for protection from claims arising out of performance or professional services caused by any negligent act, error, or omission for which the CONSULTANT is legally liab1e. . Certificates of insurance will be provided to the OWNER upon request. ARTICLE 13. ASBESTOS/POLLUTION INDEMNIFICATION The CONSULTANT hereby states, and the OWNER acknowledges, that the CONSULTANT has no professionalliability (errors and omissions) or other insurance, and is unable to reasonably obtain such insurance, for claims arising out of the performance or failure to perform professional services, including, but not limited to, the preparation of reports, designs, drawings, and specifications, related to the investigation, detection, abatement, replacement, modification, removal or dispersal of(1) pollutants or of (2) products, materials, or processes containing asbestos. Accordingly, the OWNER hereby agrees to bring no claim for negligence, breach of contract, indemnity or other claim or cause of action against the CONSULTANT, its principals, employees, agents and consultants if such claim in any way arises out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants, or the investigation of remedial work related to such pollutants or asbestos in the Project. The OWNER further agrees to defend, indemnify and hold the CONSULTANT and its principals, employees, agents, and consultants harmless from any such pollutant or asbestos related claim that may be brought by third parties as a result of the services provided by the CONSULTANT pursuant to this Agreement. . -9- (PCd') Notwithstanding the foregoing, the OWNER shall not be prohibited from bringing suit against the CONSULTANT for its alleged negligence, breach of contract; or other cause of action arising out of its professional services rendered in connection with the design and construction of APotable water systems, storm water systems and sewerage systems, including those receiving industrial "waste pre-treated in accordance with EPA standards, nor is the OWNER required to indemnify and hold harmless the CONSULTANT for claims and suits brought against it by third parties arising out of such professional services. OWNER further agrees that, in the event a court of competent jurisdiction determines that the foregoing indemnification provision is unenforceable, the CONSULTANT'S total liability to OWNER or third parties for pollution or asbestos related claims arising out of this Agreement shall not exceed the total compensation paid by OWNER to the CONSULTANT for services rendered under this Agreement or $25,000, whichever is less. ARTICLE 14. INDEPENDENT CONTRACTOR The CONSULTANT, in performance of work hereunder operates as an independent contractor and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of the OWNER by reason hereof, and that it will not, by reason hereby, make any claim, demand or shall it apply for any right or privilege applicable to an officer or employee of the OWNER, including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. . ARTICLE 15. FEDERAL AND STATE PARTICIPATION Work performed under this Agreement may be financed in part by State and/or Federal Funds. However, payments to CONSULTANT will be made by the OWNER. The State of Minnesota and the United States are not parties to this Contract and no reference herein to the Minnesota Department of Transportation, Office of Aeronautics and to the Federal Aviation Administration or any representatives thereof makes the State of Mirmesota or the United States a party to the Contract. ARTICLE 16. COVENANT AGAINST CONTINGENT FEES The CONSULT ANT warrants that no person or legal entity has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona-fide employees or bona-fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the OWNER shall have the right to armul this Agreement without liability or in its discretion, to deduct from payment to the CONSULT ANT, the full amount of each commission, percentages, brokerage or contingent fee. . -10- [PC d) ARTICLE 17. STANDARD DOT TITLE VI ASSURANCES . If this Agreement is to be financed in party by Federal funds, the CONSULTANT shall comply with those provisions of DOT Title 49, Code of Federal Regulations, Part 21 (attached hereto as ATTACHMENT 1), which specifically relates to the furnishing and procurement of professional services. The term "Contractor" in said ATTACHMENT I is to be construed as the CONSULTANT. ARTICLE 18. EQUAL EMPLOYMENT OPPORTUNITY ASSURANCES The CONSULTANT will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non-discrimination. In this regard, if this Agreement is financed in part by Federal funds, the CONSULTANT shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60), and shall have an Affirmative Action Plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age, and with specified goals and target dates to assure the implementation of that Plan. ARTICLE 19. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom the CONSULTANT performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the OWNER. . ARTICLE 20. NOTICES All notices required by law or by this Agreement to be given to the CONSULTANT must be written and may be given personally or by depositing the same in the United States mail, postage prepaid, and addressed to the CONSULTANT at such premises and at the following address: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101-2140 All notices required or permitted to be given to the OWNER hereunder shall be given by United States mail, postage prepaid, and addressed to: Mr. John 01son Hutchinson Area Transportation Facility 1400 Adams Street SE Hutchinson, Minnesota 55350 Notice shall be deemed given as of the date said notice is deposited in the mail or . personally delivered. -11- loCi) The Parties must notify each other promptly in the event of a change in name or address. . ARTICLE 21. CONTROLLING LAW This Agreement to be governed by the laws of the State ofMirmesota. ARTICLE 22. SPECIAL CONDmONS Reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF HUTCHINSON, MINNESOTA . (OWNER) TOL TZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED (CONSULTANT) By By Vincent T. Montgom President By r9 / f /li L -fl/ Ii /' By {/ .i-/~;f Lyle W. KratzJse, P.E. Project Man~er ATTACHMENTS: ATTACHMENT A ATTACHMENT B ATTACHMENT 1 ATTACHMENT 2 . -12- wel) ATTACHMENT A SCOPE OF WORK . FOR AIRPORT LAYOUT PLAN HUTCHINSON MUNICIPAL AIRPORT HUTCHINSON, MINNESOTA 1. PROJECT DESCRIPTION The work at the Hutchinson Municipal Airport will consist of the following items to be accomplished under a single construction contract. This Project includes major items of work as follows: . Airport Layout PIan II. SERVICES TO BE PROVIDED BY THE CONSULTANT The CONSULTANT shall provide AIRPORT LAYOUT PLAN as outlined below: . A. Title Sheet and Location Plan B. Vicinity Map and Airport Access C. Airport Layout PIan D. Building Area Plan E. Imaginary Surfaces Plan F. Runway 15 Approach and Profile G. Runway 33 Approach and Profile H. Land Inventory Plan 1. Land Inventory Descriptions J. ALP Narrative Report . ATTA-l Lo(J) m. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below . which are not considered as basic services under this Agreement. Additional Services shall be billable on a Cost Reimbursement Plus Fixed Fee basis as defined in Article 3.A.2 of the Agreement, and such billings shall be over and above any maximum amounts set forth in this Agreement. A. Registered land or right-of-way surveys, legal descriptions, or related services. B. More than four trips to Hutchinson, Minnesota. IV. OWNER'S RESPONSffiILITIES The OWNER'S respOnsibilities shall be as set forth in Article 9 of this Agreement. V. PERIOD OF SERVICE TKDA would expect to start services promptly upon receipt of the OWNER'S acceptance of this Agreement and to complete SECTION II services of this ATTACHMENT A in accordance with established schedules. VI. COMPENSATION . Payment to the CONSULTANT for services described in this ATTACHMENT A shall be on a "Lump Sum" basis as described in Agreement Article 3.A.l in the amount of $30,000. Payment to the CONSULTANT for services described in this Attachment A, SECTION III ADDITIONAL SERVICES authorized by the OWNER, shall be on a "Cost Reimbursement Plus Fixed Fee" basis as described in Agreement Article 3.A.2. Payment for additional services shall be over and above the Total Contract Ceilil'lg Amount set forth herein. . ATTA-2 toeJ) ATTACHMENT B . SCHEDULE OF ACTUAL HOURLY SALARIES Range of Actual Classification Hourlv Salaries. Senior Registered Engineer, Architect, or Plarmer $ 36.00 to $ 77.00 Engineering, Architectural, or Plarming Specialist II $ 33.00 to $ 56.00 Engineering, Architectural, or Planning Specialist I $ 22.00 to $ 45.00 Registered Engineer, Architect, Landscape Architect, $ 23.00 to $ 51.00 Plarmer, or Interior Designer Gmduate Engineer, Architect, Landscape Architect, $ 17.00 to $ 38.00 Plarmer, or Interior Designer Technician III $ 19.00 to $ 31.00 .. Technician II $ 15.00 to $ 25.00 .. Technician I $ 10.00 to $ 18.00 .. . In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence: Vehicle Mileage: Current ~ Rate per mile. Vehicle Allowance (Resident Construction Services Only) $10.00/ Day Vehicle Allowance (Survey Crew Only) $14.00 / Day 2. Outside professional and technical services with costs defined as the amount billed TKDA pIus 10%. 3. Identifiable reproduction and repro graphic costs. · Rates effective until December 31, 2007. ** For hours worked over 40 hours per week individuals will be paid one and one-half times the above rates. Schedule Actual . ATTB-l (iJ) ATTACHMENT 1 CONTRACTOR CONTRACTUAL REOUIREMENTS . TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including either directly or indirectly in the discrimination prohibited by Section 2 I.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. . 3. Solicitations for Subcontracts, Including Procurements of Materia Is and Equipment. In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereof and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. and/or withholding of payments to the contractor under the contract until he contractor complies; b. cancellation, termination, or suspension of the contract, in whole or in part. . ATTl-l lc>( ~ ') 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect . to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISES (DB E) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defmed in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal fimds provided under this Agreement. In this regard, all recipients or contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts. . . A TTI-2 (p( d) ATTACHMENT 2 . CLAUSE TO BE INCLUDED IN ALL SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS RESULTING FROM PROJECTS FUNDED UNDER THE AIP The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.s. firms published by the Office of the United States. Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of the clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Govermnent. . Further, the contractor agrees that if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in alllower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor leams that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation ofthe contract or subcontract for default at no cost to the Govermnent. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information ofthe contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. . A TTI-l (o( d) This certification concerns a matter within the jurisdiction of an agency of the United States of Arnerica and the making of a false, fictitious, or fraudulent certification may render the make subject to prosecution under Title 18, United States Code, Section 100 I. . STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR, PART 29 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion: The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in alllower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ offeror/contractor or any 10wer tier participant is unable to verify to this statement, it shall attach an explanation to this solicitation/proposal. AIRPORT AND AIRWAY IMPROVEMENT ACT OF I982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION 2, 4/23/90) . The contractor/tenant!concessionairelIessee assures that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated to assure that no persons shall, on the grounds of race, creed, color, national original, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the contractor/tenant! concessionaire/ lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the provision obligates the party or any transferee for the 10nger of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. INSPECTION OF RECORDS - 49 CFR PART 18 (VERSION 1, 1/5/90) The contractor shall maintain an acceptable cost accounting system. The sponsor, the FAA and the Comptroller Genera} of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the sponsor makes final payment and all other pending matters are closed. . ATT2-2 [peel ) RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) . All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the sponsor. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION 1,1/5/90) Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. . . A TT2-3 [PC d) TKDA Project Fee Estimate 4/1612007 5 5 10 10 5 5 20 20 10 10 10 60 10 5 10 10 40 5 5 5 20 10 5 10 30 10 5 10 30 H Land Invento Ma 5 5 10 20 land Invento tions 10 20 10 10 50 J 10 20 10 40 Total Person Hours 45 105 40 45 Avera e DirecJ labor Rate $ 46 $ 33 $ 30 $ 26 $ Total-Oirect labor Cost $ 2,070 $ 3,465 $ 1,200 $ 1.170 $ IndirecJ Labor Cost 1.565 $ 3.240 $ 5,423 $ 1.878 $ 1.831 $ . f;5Qc:i:oO $ 3,728.23 i]:'-'.30;08S)~ ~'<30.000:1lO . Co Cd ') . . . Permit Fee: $25 (short term) ~ ( Date Received: 5 - \- en 111 Hassan Street Southeast Hutchinson,MN 55350 (320) 587-5151IFax: (320) 234-4240 City of Hutchinson APPLICA nON FOR PARADE PERMIT All applications must be received at least 30 davs before event in order to be considered Orllanization Information Foundation For Challenged Children Organization Name 320-234-0786 (Tina Vorli ek) Phone Number PO Box 186 Hutchinson Cill' MN State 55350 Zip Or~anization Address AuJhorized Officer and Parade Chairman InfonnaJion Charlie Ardolf 320-327-2431 Phone Number Officer Name 634 Lake Ave N. Silver Lake MN . State 55381 Zip Residence Address City Glen Jorgensen 320-587-7499 Phone Number MN 55350 State Zip Pcuade Chairman Name 39 McLeod Ave NE Residence Address Hutchinson Cill' Parade Information Parade DaJe: May 19, 2007 Assembly Time: 8 am - 10 am Location and Description of Assembly Area: 1st Ave NW & Franklin St & Parking Lot behind DQ Starting Time of Parade: 10 am Estimated Time of Parade: leave town at 10 am Starting Point of Parade: Route of Parade Travel: Main Street & 1st Ave NW Return to town at appx. Main Street North - turning west onto North High Drive & out of town We will return on Hwy.22 to 5th Ave SE to Michigan St to 2nd Ave to Hassan St. Ending Point of Parade: Library Square Approximate Number of Units, Animals, and Vehicles which will constiJule Parade: 250 to 400 Type and Description of Animals and Vehicles: Motorcycles & Classic Cars Maximum Interval of Space to be Maintained Between Units: None Maximum Length of Parade: None Minimum and Maximum Speed of Parade: In town 30 mph or less Portion of Street Width Traversed: 1/2 (one car lane) MPH :50 pm ~(e) . ChecklisJ The following items need to be completed and/or attached in order for the application to be processed: Permit fee paid in full (check or money order): ri yes 0 no Permil Aoolication comoleled io full and silmed: Ii ves 0 no . . City of Hutchinson Applicationfor Parade Permit Page 2 of2 I declare that the information I have provided on this appJicalion is truthful, and I authorize the City of HuJchinson to investigate the infonnation submitted, May 1, 2007 Date Signature 0 authorized officer of organization or parade chairman Internal Use Onlv Police 0 approved 0 denied Notes: City Council 0 approved 0 denied Notes: IJ (0') . . . MEMORANDUM Date: May 3, 2007 To: Honorable Mayor & City Council Gary Plotz, City Administrator Miles R. Seppelt, EDA Director EDA Spec Building - Engineers & ArcMects From: RE: The EDA is seeking City Council approval to hire an engineering I architectural firm to do the design work on a planned industrial spec building. EDA obtain quotes from a number of firms and Zenk, Reak Trygstad Engineers I Architects of Albert Lea provided the best quote at $55,000. At their meeting of April 27"' the EDA Board of Directors authorized staff to hire the firm to do the design work on a planned 30,000 industrial spec building, but we need City Coucnil approval as well. The fee is a not to exceed sum of $55,000 and will be paid out of the EDA operations budget. The EDA's plan is to complete plans & specifications for the spec building and secure bids for the project. At that point the EDA will be at a final "GO I NO GO. decision point on the project. If bids are reasonable, then the EDA wili most likely proceed with the spec building project later this summer. If you have any questions or need additional information, please give me a call at 234-4223. Thanks. 19(f) MEMORANDUM . Date: May 3, 2007 From: Honorable Mayor & City Council Gary Plotz, Crty Administrator Miles R. Seppelt, EDA Director Public Hearing on May ff' To: RE: At our next City Council meeting we will hold a brief public hearing to solicit public feedback on a proposed economic development project the EDA is working on. The Hutchinson EDA has been in talks with a company called "Customer Elation" which is a call center operation that is looking for a community in which to locate a new facility. They are considering either Racine, Wisconsin or Hutchinson. As part of our effort to get them into Hutchinson, we are applying to a state program called the Minnesota Investment Fund for a grant in the amount of $500,000. The state would make a grant to the City of Hutchinson, we in tum would loan the money to the company for their expansion, and once the money is repaid, the city can add those dollars permanently to our industrial park revolving loan fund. . The company itself is looking at a 20,000 square foot call center facility that would employ approximately 200 people - this would add more than $4 million in payroll to our community each year. One of the requirements of the grant application is that we hold a public hearing to obtain public feedback on the project Topics covered (as required by the grant application) will be: )> Project Background )> Project Scope )> Type of Activity )> Project Schedule )> Overall Cost & Proposed Financing )> Funds benefiting LMI persons )> Displacement I Relocation )> Housing & Community Development I hope to keep my presentation to about 10 minutes or so. If you have any questions or need additional information, please give me a call at 234-4223 at anytime. Thanks. . 1 (0,) . . . Resolution # 13192 Resolution Authorizing Grant Application to Minnesota Investment Fund and Certifying Compliance with all Legal Requirements Customer Elation Project BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for the project contained in the Business and Community Development Application to be submitted on or about May 10, 2007 and that Gary Plotz and Miles R. Seppelt are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Hutchinson. BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Hutchinson has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon arrival of its application by the state, the City of Hutchinson may enter into an agreement with the State of Minnesota for the above referenced project, and that the City of Hutchinson certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Certification of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Hutchinson has obtained credit reports and credit information on Customer Elation and Pete hainey, co- owners of Customer Elation. Upon review by the City of Hutchinson and the city's attomey, no adverse findings or concems regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that Gary Plotz and Miles R. Seppelt, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the applicant Adopted by the Hutchinson City Council this 9th day of May 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor 1lu.~ Appoint Minority of Board of Directors " " ~ if?; City of Hutchinson City Council -----------------, , , , , , , , , , " , ,,/' Springing Membership Rights - proceeds after sale - assets upon dissolution - step-in rights in certain events - amendment approval rights - "end game" transaction approvals -- New Nonprofit ~earthcare Provider . Board of Directors . Health Care Enterprise Lease of Real Estate Personal Property and turn over other operating assets Annual rent $160,000, plus debt service . . . . . CITY OF HUTCHINSON MEMO Finance Department May 3, 2007 TO: MAYOR' CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: FINANCIAL MANAGEMNT DEBT PLAN This past December as we set the tax levy for 2007, we looked at the bond levies, and use of the excess bond fund with the assistance of Ehlers & Associates Inc. We discussed and implement the levy for 2007 with discussion of Use by MnDOT, Utilities & City vehicles the City's future levies and debt structure should be reviewed and discussion of a debt plan. Attached is proposal for creation of a Financial Management Debt Plan by Ehlers & Associates Inc., the city's financial consultant. The proposal as outlined has a not to exceed fee of $6,500. The proposal has an estimated completion date of 4 weeks after completion of City approval. FUNDING Funding for the proposal would come from the Finance Department General operation, water and sewer general operations, and excess bond fund. Recommendation It would be the recommendation to proceed with the study. H:\DOC\City council memo I.doc \ oC C\) City of Hutchinson, Minnesota Proposal For Services Creation of a Financial Management Debt Plan Submitted by: e EHLERS & ASSOCIATES INC 3060 Centre Pointe Drive Roseville, MN 55113 Phone: (651) 697-8500 FAX: (651) 697-8555 December 7,2006 . . . City of Hutchinson, Minnesota Proposal for Services by Ehlers and Associates for: Creation of a Financial Management Debt Plan Dated December 7, 2006 OverviewlPurpose The City of Hutchinson has older neighborhoods and a need to reconstruct its streets, storm water and other public infrastructure. At the same time, the City is growing, and installing new infrastructure to serve new development The City typically finances these public improvement projects with general obligation bonds. In the past, an average of 45% of the debt has been paid with assessments; the remaining 55% has been paid with a debt levy. Due to concerns that as the cost and scope of projects increase the armual debt levy will also increase, the City wishes to review its existing debt service funds to determine the following: 1) Will revenue collections be sufficient to retire existing debt issues? 2) Can any of the existing debt issues be retired early? 3) How should any future balance in the debt service funds be used? 4) Should future armuallevies be adjusted from the amounts certified to the County? 5) To what level will the projected overall future debt levy (The modified existing as a result of this study and projected new) need to rise to before the City will not need to increase the debt levy? Proposal To assist the City, Ehlers is proposing to create a Financial Management Debt PIan (FMDP) model for Hutchinson. The model will: 1) Project the revenue collections (assessments and debt levies) for each outstanding tax levy bond issue and the 1985 debt service fund 2) Project the annual cash balances remaining in each debt service fund. 3) Determine if there are potential shortfalls for any outstanding debt issue. 4) Project the impact on the City's future debt levy, using the same assumptions for future debt that we have used in recent projections. 5) Determine if the existing levy plan needs to be adjusted The Financial Management Debt Plan will be presented to the Council in a PowerPoint presentation and written executive summary. Background Materials To undertake this effort, Ehlers will require the following items to be provided by the City: }- Current Capital Improvement PIan information and breakdown of anticipated revenue sources identified to fund projects }- Outstanding assessments and their anticipated collection schedule for 2006 and forward for each debt service fund }- Year-end 2006 cash balance for each debt service fund }- Pay 2007 actual debt levies \ ()C~ ) . Project Cost and Completion Date . . Estimated Time for Completion: 4 weeks after City approves and supplies Ehlers Background Materials Cost: Ehlers will perform the Financial Management Debt PIan for a not-to-exceed cost of$6,500. The not-to-exceed contract amount will include the delivery of up to 10 copies each of a draft and final report, presentation at one Council work session and one Council meeting, and all travel and incidentals. Possible Additional Cost: Questions may come up regarding future special assessments. If there is a need to talk with the County about future special assessment collections, that time will be billed as an additional cost. Before any discussion is held with the County, Ehlers will ask the Finance Director to determine whether or not it is necessary for Ehlers to talk with the County about special assessment questions. Additional work is billed at the following hourly rates: Steve Apfelbacher Jessica Cook Elizabeth Diaz Brian Shannon $195.00 $180.00 $180.00 $I80.oo The City will be invoiced monthly, as work is performed should there be an additional cost. Project Staff The Financial Management Debt Plan will be completed by Steve Apfelbacher, Jessica Cook, Elizabeth Diaz, Brian Shannon and other Ehlers staff as needed and appropriate. \ bC lA) . . . Hutchinson City Center 111 Busan Street SE Hutd1lnooa, MN S5356-2!22 320-587.5151JFu 320-234--4240 TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator DATE: May 3, 2007 SUBJECT: Recommendation for Insurance Services The City Council previously authorized solicitation of Requests for Proposals (RFPs) for insurance agent services. Members appointed to review and evaluate the proposals and presentations were Ken Merrill, Casey Stotts and 1. Proposals came in with the following three-year costs: Insurance Plarmers 1st year - $21,500 2nd year - $22,150 3rd year - $22,815 T.C. Field & Company 1 st year - $21,000 2nd year - $21,000 3'd year - $21,000 Arthur J. Gallagher Risk Management Services, Inc. 1 st year - $I2,500 2nd year - $I2,500 3'd year - $12,500 Interviews were held by the committee on the three proposals. Items considered were account manager expertise, team experience and expertise, depth of experience in the municipal sector, client services, cost and references. After references were reviewed, it was the unanimous recommendation of the committee to go with Arthur J. Gallagher Risk Management Services, Inc. at a fixed contract price of$12,500 for each of the next three years in comparison to the City's current fee of approximately $27,OOO/year. It is noted that A.J. Gallagher was recently selected by the Hutchinson Utilities Commission for insurance services after their review and consideration. . Printed on recycled paper- \b(b) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, WaterlWastewater Manager RE: Consideration of Award of Contract for Wastewater Treatment Facility Improvements (Letting No. 41Project No. 07-04) DATE: May 9,2007 Five (5) bids for the Wastewater Treatment Facility Improvements project letting were received by the City and opened on Tuesday, April I?''' (see attached Bid Tabulation). John T. Jones Construction Company of Fargo, North Dakota, submitted the apparent low bid in the amount of$II,I00,OOO.OO. This bid is approximately 1.8% higher than the Engineer's Estimate of$1 0,900,000.00 for this project. The overall project costs remain within original budget estimates. The attached Letter of Recommendation prepared by Donohue & Associates, project design consultant, further explains the project bid and award process. Based on Donohue's review, the bid by John T. Jones Construction Co. appears to be complete and responsive. The Resolution Accepting Bid & Awarding Contract is attached. Please note that this project's award is conditional on the City's NPDES Wastewater Discharge Permit being approved by the MPCA and the Public Facility Authority Loan being allocated to the City. Thus, the Notice of A ward provided to the Contractor will contain these conditions. City staffwill briefly discuss the overall project budget and schedule during the Council meeting. We recommend approving the Resolntlon Accepting Bid & Awarding Contract. cc: Gary Plotz - City Administrator IOCc-) . . . RESOLUTION NO. 13188 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.4 PROJECT NO. 07-()4 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Wastewater Treatment Facility Improvements project wlil consist of the expansion of and modifications to the existing wastewater treatment facility Including the addition of a vortex grit removal system, two new fine screening systems, screening compaction and handling equipment, chemical phosphorus removal facilities, an ultraviolet disinfection facility to replace the existing chlorination facility, two 5OO,000-gailon aeration basins, SCADA System, and a membrane blo- reactor (MBR) system with associated air blowers, chemical feed system, buildings, power supply and piping. Ultimately, the aeration and MBR system will operate In parallel with the existing oxidation ditch systems; bids were received, opened and tabulated according to law, and the following bids were received complying w~h the advertisement: Bidder John T Jones Construction Company of Fargo ND Staab Construction Corporation of Marshfield WI Madson Johnson Corporation of Hudson WI Rice Lake Construction Group of Deerwood MN Gridor Construction Inc of Buffalo MN Total Bid $11,100,000.00 $11,132,000.00 $11,398,600.00 $11,572,000.00 $11,644,200.00 and whereas, it appears that John T Jonas Construction Company of Fargo ND is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter Into a contract with John T Jones Construction Company of Fargo ND in the amount of $11,100,000.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and speciflClltions therefor approved by the City Council and on file in the office of the City Engineer, contingent upon the following: a) Approval by the MPCA of the City's NPDES Wastewater Discharge Perm~; and b) Allocation to the City of the Public Facility Authority Loan. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the depos~s made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the depos~ of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of May 2007. Mayor City Administrator ID( d) . . . April 27, 2007 EHQN91-!~~~ www.donohue-assodates.com Mr. Randy DeVries WaU:rfWastewater Director City Center III Hassan Street SE Hutchinson, MN 55350 3311 WEEDEN CREEK ROAD SHEBOYGAN. WI 53081 PHONE 920-208-0196 Re: Letter of RecommendaJion-John T. Jones Construction Co. City of Hulchinson Wastewater Treatment PlanJ Improvements Project Hutchinson, Minnesota - Letting 4/Project No. 07-04 MPCA Project No. 279457-01 Donohue Project No. 11207 FAX 92(}-20lMl402 Dear Mr. DeVries, Pursuanl to the Official Notice to Bidders, sealed bids for the above referenced project were received at the City Center, III Hassan Streel SE, on Tuesday, April 17,2007, at 2 p.m.local time and then publicly opened and read aloud in the City Center Council Chambers. We have reviewed all the Bids received for the Work and have enclosed a copy of the Bid Tabulation and the low bid for your information and reference. Five sealed bids were received. The low bid was submitted by John T. Jones Construction Company, of Fargo, North DakoJa, in the amount of $11,100,000. The second low bid was submitted by Siaab Construction Corp., of Marshfield, Wisconsin, in the amount of $11,132,000. Our opinion of probable construction cost for the Projecl was $10,900,000. The apparent low bid amount was approximalely 1.8 per cent above our estimale. Please refer to the attached Bid Tabulation for information on the Bidders and the bid amounts. The bid amounts ranged from a low of $11,100,000 10 a high of $1 1,644,200, which is a range of only $544,200. This tighl range is an indication thai the bidding documents were similarly interpreted by all the bidders. The Bid Tabulation includes a breakdown of the bidders, their individual bid amounts, supplemenJal unit pricing, and acknowledgement of the addenda and bid form attachments. John T. Jones Construction recently completed or is in the process of completing a number of similar projects during the past three years. Attached is a list of project references and completed project work that we asked John T. Jones Construction 10 provide. We have had deJailed discussions with four of the references, and they have generally stated that John T. Jones Construction successfully completed their proj ects and that they found them 10 be an accepJable contractor. It is our opinion that the 10w bidder, John T. Jones Construction, submitted a responsive bid and is also qualified and capable of performing the project work as specified. II is therefore recommended that the Contract be condilionally awarded 10 John T. Jones Construction in the amounl of $11,100,000. A condilional award of contract sbould be made, along with a subsequenl notification 10 John T. Jones Construction, in order for the next step in the MBFJWBE solicilation procedure to occur. Receipl of the City's award notification siarts a period during which the bidder musl provide documenJation, as required in the projecl manual, regarding MBE and WBE solicitalion. A determination must be made lhal the low t bC J) . . . April 27, 2007 Page 2 &~9N9ltH~~ bidder was "responsible" in meeting \he requirements of \he Minnesota Public Facilities Authority (pF A) revolving fund loan reimbursemenl regarding positive efforts undertaken by \he bidder during \he bidding process. lbis is a precedent to \he City receiving \he needed loan for \he project to proceed. We respectfully present these reconnnendations to \he City of Hutchinson for review and consideration. The Conditional Notice of Award can be made by City Resolution followed by official notification to \he successful bidder with a Conditional Notice of Award. We can assist you in the notification to the apparent low bidder. The Conditional Award of Contract Resolution should state that the Notice of Award is Conditional pending approval and receipt of the Minnesota FPA loan funding. Weare presenting this evaluation and reconnnendation for your review and consideration, and will be pleased to answer any questions you have concerning \he information provided herein. Sincerely ~~ "";'" ""'" M_. tJoJi'hJ~ David Frob, PE Construction Phase Manager Enclosures: Bid Tabulation Copy of John T. Jones Construction Bid Documents John T. Jones Construclion Project Reference Listing \b(J . . BID TABULATION . CITY OF HUTCHINSON MN 111 HASSAN ST SE, HUTCHINSON MN 55350 LETTING NO. 4/PROJECT NO. 07-04 ~PIMPROVEMENTS BID DATE & TIME: 04117/2007 @2:00 PM . John T Jones Staab Construction Corp Madson Johnson Corp Rice Lake Grldor Constructlor Contractor Construction Co. Construction Group Inc Famo NO Marshfleld WI Hudson WI Deerwood MN Buffalo MN Lump Sum Bid Price $11,100,000.00 $11,132,000.00 $11,398,600.00 $11,572,000.00 $11,644,200.00 Alternates Deduct $53,000 Deduct $55,000 Deduct $56,000 Deduct $53,000 Deduct $53,000 Alternate No.1 . Supplemental Unit Prices Bituminous Concrete $81.00/cu yd $80.00/cu yd $85.00/cu yd $60.00/cu yd $4O.00/cu yd Pavement Portland Cement Concrete $34.00/sq yd $60.00/sq yd $45.00/sq yd $36.00/sq yd $50.00/sq yd Sidewalk Three Addenda Yes Yes Yes Yes Yes Acknowledged Certified Check or Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Base Bid Material & Yes Yes Yes Yes Yes Equipment Schedules List of Subcontractors Yes Yes Yes Yes Yes 0' t"""""-o. ~ ---.-/ G:\ln1If'Ovement Pn:f!ds\2OO7\l04 - P07-04 - WWTF r'I'Ylo.e.I",,~\PROJECT DOCUMEN'fSIllId Tabulatlon\lJonchJe As&oc ProjI11003 . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Award of Contract for Montana Street NE Extension (Letting No. lAlProjectNo.06-01J\) DATE: May 9, 2007 Four (4) bids for the Wastewater Treatment Facility Improvements project letting were received by the City and opened on Tuesday, March 13th (see attached Bid Tabulation). R & R Excavating Inc. of Hutchinson, MN, submitted the apparent low bid in the amount of$186, 194.16. This bid is approximately 9.1 % lower than the Engineer's Estimate of $204,241.15 for this project. The overall project costs remain within original budget estimates. Based on City staff's review, the bid by R & R Excavating Inc. appears to be complete and responsive. The Resolution Accepting Bid & Awarding Contract is attached. Please note thai this project's award is conditional on the City's acquisition of all necessary property easements required to complete the proposed improvements. Thus, the Notice of A ward provided to the Contractor will contain this condition. City staff will briefly discuss the overall project budgel and schedule during the Council meeting. We recommend approving the Resolution Accepting Bid & Awarding Contract. cc: Gary Plotz - City Administrator ID(J} . . . RESOLUTION NO. 13189 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 1A PROJECT NO. 06..Q1A Whereas, pursuant to an advertisement for bids for the fumlshing of all labor and material for the improvement of: Montana Street NW south ofTH 7/3rd Avenue NW to Les Kouba Parkway NW, trunk and lateral storm sewer and stormwater treatment improvements, trunk and lateral watermaln and services, grading, gravel base, concrete curb and gutter, concrete median, bituminous base, bituminous surfacing, sidewalk, landscaping, restoration, traffic signals, lighting and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder R & R Excavating Inc of Hutchinson MN Dulnlnck Bros Inc of Prinsburg MNI Hjerpe CorporaUon of Hutchinson MN Wm Mueller & Sons Inc of Hamburg MN Total Bid $186,194.16 $204,270.03 $208,170.30 $208,576.81 and whereas, It appears that R & R ExcavaUng Inc of Hutchinson MN Is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with R & R Excavating Inc of Hutchinson MN in the amount of $186,194.16 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer, contingent upon the following: The CIty's acquisition of all necessary property easements required to complete the proposed improvements. . 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the depos~s made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the depos~ of the successful bidder shall be retained until satisfactory completion of the contract a) Adopted by the Hutchinson City Council this 8th day of May 2007. Mayor City Administrator lbld) . CITY OF HUTCHINSON, 111 HASSAN S 1St:., HU I \.,;HINSUN MN OO;SOU bl ;':-;':~;':U::I BID TAJLATION CITY OF HUTCHINSON LErlII'l'G NO.1AIPROJECT NO. 06-01A BID OPENING: 03/13/2007 AT 9:00 AM ENGINEER'S ESTIMATE $204,000.00 . ..... - . Ft&l<Efu..U.... lno ':llIIlrilnc~_,"" HJ""" COnWctrng Ine wm,IItM1!.i&'So'nslnc ~:8ihlli,P'6sO.i2llt 'HUiWY.22S<luti1 ., ,..... ~dnalM'g'MNH23N'2OJ' '82",'>M;"SS S3tPark;AV. ~N<lIN~ER'S EST1!MTI! HtJtctiII".""IIlUsn. ~20-1_l:t -J>OSo'~11 .. ,.' f':OBOx'2.4T '. ' 32O-H1'1018 , 32O'-t78:.a78 HotiihlmlOn'MN ~6'l7 H,lmbUrg,UN '.663:W..u24'1 ~ I -3>>681>;10:44 chif.d,Odu-I~pa;n'I.' 320:-2M-83'1HI 812467.2720- !ii btf~~'hUtl,riM .. s.Oo" 32Oo'234-730li . 952-487~ .. ~ ~ t: ,,,,,.- fTEM D!;SCRIPT1QN % UHITPRICE ESnMAte 1l.ll>l'Ri<:e am-rllTA\. llIo l'RlCE BlDTOTAL SIDPRlCE "'" rOTAL BID PRICE BlD'TOTAL " DIViSION 1.S10rtM-SEWEltCONSTRUC1'lON ... ,.. ... 1 2104 REMOVE PIPE CULVERTS UNFT 40 $7,00 $28aOO $8.00 $320.00 $10.00 $400.00 $5.00 $200.00 $10.00 $400.00 2 2501 12:' RCP APRON WTH TRASHGUARD EACH 2 $726IlO l1,oI5OCOO $766.00 $1,532.00 $6-4-4.00 $1,288.00 $800.00 $1,600.00 $6-4-4.00 $1,288.00 3 2501 15" RCP APRON WTH TRASHGU.A.RD EACH 1 $BOO.oo $800.00, $850.00 $850.00 $719.00 $719.00 $850.00 $850.00 $719.00 $719.00 4 2501 18" RCP APRON WTH TRASHGUARD EACH 2 19OO.00I.. l1,SOO.00 $900.00 $1,800.00 $796.00 $1,592.00 $900.00 $1,800.00 $796.00 $1,592.00 5 2502 4" PVC PIPE DRAIN SDR 35, TOP HALF PERF 'MTH SOCK UNFT '55 $7.25 16:271.25' $8.50 $5,622.50 $4.SO $4,152.00 $6.50 $5,'22.50 $5.00 $04,325.00 6 2503 CONNECT TO EXISTING STORM S~ EACH 1 $l.1lloOO $11100.00- $250.00 $250.00 $250.00 $250.00 $1,000.00 $1,000.00 $250.00 $250.00 7 2503 12" RC PIPE SEWER Cl V UNFT 00 $3.2.00 ~,aao'OO $30.00 $2,700.00 $28.30 $2,547.00 $28.00 $2,520.00 $28.30 '2,547.00 , 2503 15' RC PIPE 5E'NER Cl V '-"<FT 22 $35:PO $770.00 $35.00 $no.oo $31.80 $899.SO $45.00 $990.00 $31.80 $699.SO 9 2503 18" RC PIPE SEWER Cl V UNFT 521 $36.00 $1g-~198.oo $36.00 $18,756.00 $31.10 $16,203.10 $35.00 $18,235.00 $29.61 '15,.c2G.81 10 2508 CONSTRUCT CATCH MSlN DESIGN A EACH 2 $1,800.00 $3.GOO.oo '1,200.00 $2,0400.00 $1,500.00 $3,000.00 $1,750.00 $3,500.00 $1,500.00 $3,000.00 11 2506 CONSTRUCT MANHOLE DESIGN 46-4020, e; DEEP EACH 1 $2,300,00 $2.300.00 $1,650.00 $1,650.00 $2,210.00 $2,210.00 $2,000.00 $2,000.00 $2,010.00 $2,010.00 12 2506 CONSTRUCT MANHOLE DESIGN 72-4020, e DEEP EACH 1 $3,GOO.OO $3,009.00 $3,200.00 $3.2lXl.00 $2,800.00 $2,800.00 $3,100.00 $3,100.00 $2,800.00 $2,GOO.oo 13 2508 CONSTRUCT OUTLET CONTROl STRUCTURE EACH 1 $2,500.00 $2.500.00 $2,0499.00 $2,499.00 $2,145.00 $2,145.00 $2,500.00 $2,500.00 '2,145.00 $2,145.00 14 2506 EXTRA DEPTH IN MANHOLE DESIGN o46-4C2O UNFT 2.' $175:00 WlJ;60 $135.00 $391.50 $146.00 $423.40 $160.00 $464.00 $146.00 $423.40 15 2511 RANDOM RIPRAP CLASS II WfTYPE 1II FABRIC CUYD 16.3 $80.00 $97800 $85.00 $1.059.50 $80.00 $978.00 $60.00 $978.00 $80.00 $978.00 StJ8:..rQTAL.DIVISION I- STORM SEWER COHSTRUCT1ON $48,UoU6 $43,800;80 $31,0407.10 $4',359.11. U8,603.81 DMSI"ON II.SlREEt'CONSTRuCilOH-AND RESTORATIOH -:- . 16 2101 CLEARING ACRES 0.22 $5.000.00 1-' $,1,100.00 $1,000.00 $220.00 $3,500.00 $770.00 $3,500.00 $770.00 $2,750.00 $805.00 17 2101 GROOBlNG ACRES 0.22 $5,00000 '1,100])0 $1.000.00 $220.00 $3,500.00 $770.00 $3,500.00 $770.00 $2,750.00 $805.00 18 2103 ElUILDtNG REMOVAl LUMP su.l 1 ,",soo.oo $3,soo.oo $2,500.00 $2,500.00 $1,600.00 $1,800.00 $4,000.00 $4,000.00 $,2,750.00 $2,750.00 19 2104 REMOVE CURB AND GlITTER '-"<FT 16 $10liO $16SJXl $5.00 $80.00 $10.00 $160.00 $5.00 $80.00 $10.00 $150.00 20 2104 REMOVE BITUMINOUS SURFACING 5QYD 5 $30:00 $160:00 $10.00 $SO.oo $20.00 $100.00 $10.00 $50.00 $20.00 $100.00 21 2104 SAVv1NG BITUMINOUS PAVEMENT (FUll.. DEPTH) UNFT 20 ---=-$8,00 $1SO.00 $8.00 $160.00 $5.00 $100.00 $5.00 $100.00 $4.00 $80.00 22 2104 REMOVE RAILROAD TIES AND RAILS LUMP SUM 1 $750.00 $750.00 $400.00 $400.00 $900.00 $900.00 $900.00 $900.00 $500.00 ssoo.oo 23 2104 REMOVE GATE AOO POSTS LUMPSlM 1 $1"".00 ,$,t50;OO $100.00 $100.00 $200.00 $200.00 $200.00 $200.00 $100.00 $100.00 24 2104 REMOVE MISCELWJEOUS DEBRIS LLHPSU100 1 ssoo.oo ssoo.oo ssoo.oo SSOO.OO $200.00 $200.00 ssoo.oo ssoo.oo $200.00 $200.00 25 2104 REMOVE AND REPI..ACE CHAIN UNK FENCE UNFT 50 $12,00 l6OO:oo $2'.00 $1,400.00 $0.01 $0.50 $5.00 $250.00 $15.00 $750.00 26 2104 REMOVE AM) SALVAGE STOP SIGN AI'.-J POSTS EACH 1 $125.00 ll2!:oo $SO.OO $SO.OO $SO.oo $SO.OO $SO.OO $50.00 $SO.oo $SO.OO 27 2105 COMMON EXCAVATION (EV) (P) <::I 1580 $8.50 $10,270;00 $4.7' $7,552.<40 $O.SO $10,744.00 $7.SO $11,650.00 $7.50 $11,850.00 2' 2105 lJNClASSlAED EXCAVATlOI't(POtD) (EV) cv 2632 $6.SO $17;108.00 $08 $12,580.96 $6.30 $16,581.60 $7.00 $18,42-4.00 $7.50 $19,740.00 29 2105 TOPSOllBORRO'N (LV) <::I SO $18.00 $1,080.00 $12.00 '720.00 $19.00 $1,140.00 $10.00 $600.00 $25.00 $1,500.00 30 2112 SUBGRAOE J BASE PREPARATION ROAD STA U $335.00 $1,474.00 $150.00 $860.00 $400.00 $1,760.00 $450.00 $1,980.00 $200.00 $880.00 31 2211 &,GGREGATE BASE (CV) ClASS 5 (P) CUYD 520 $19.50 $10.1'10.00 '16.50 $8,580.00 $29.00 $15,080.00 $2-4.00 $12,0480.00 $19.80 $10,2ge.00 32 2211 SElECT GRANU.AR BORROW (CV) (P) CUYD 640 $13.60 $9.640.00 $12.00 $7.680.00 $21.00 $13,440.00 $21.00 $13,<<0.00 $15.50 $9,920.00 33 2357 BITlIMINOUS MATERIAl FOR TACK COAT GAl 120 $2. ,270!IO $2.00 $240.00 $3.00 $3SO.00 $2.25 $270.00 $3.00 $3SO.00 34 2360 TYPE SPWEA240B ~NG COURSE MIXTURE TON 235 $03.00 $104,S()5;OO $86.00 $15,510.00 $70.00 '18,450.00 $64.50 '15,157.50 $73.00 $17,155.00 35 2360 TYPE SPNWa:23OB NON \NEARING COURSE WXTURE TON 345 $58,00 $20,010,00 $64.00 $22,080.00 $80.00 $20,700.00 $60.50 $20,sn.5O $71.00 $2-4,4.95.00 ~'mo, 405 $1a;50 $7,492...50 $28.00 $11,340.00 $20.25 $8,201.25 $22.50 $9,112.50 $35.00 $104,175.00 36 2360 a..ASS 5, (INCIDENTAl) (TRAIL) 5QYD 37 2511 GEOTEXTIlE FABRIC TYPE 5 5QYD 1820 $1'15 $3,300.00 $1.50 $2,880.00 $1.50 $2,880.00 $1.10 $2,112.00 $2.00 $3.840.00 36 2531 :lEDES-TRIAN CURB RAMP EACH 3 $.935:00 $2;505.00 $S5O.00 $1,650.00 $1,400.00 $4,200.00 $800.00 $1,800.00 $1,400.00 $4,200.00 39 2531 ETE CURB & GUTTER El616 Lom 7SO $11.50 ',$8,9IO~00 '11.60 $9,048.00 $10.50 $6.100.00 $11.50 $8.970.00 $11.00 $6.580.00 I,.J 40 2531 CONCRETE CROSS GUTTER 5QYD 51 :$53.00 $2. 03.00 $36.00 $1.93ll.00 $67.00 $3.0417.00 $40.00 $2.040.00 $82.00 $3,162.00 I:L .. 2531 .. DRIVEW^Y PAVEMENT 5QYD 51 $48. $2,448;00' $36.00 '1,938.00 $67.00 $3,417.00 $40.00 $2,o.w.OO $62.00 $3,162.00 42 2545 STREET UGHllNG EACH 2 . $Z,250.oo II;,(:@JlO' $2,300.00 $4,GOO.oo $2,300.00 $4,OCO.OO $2,500.00 $5,000.00 $2,500.00 $5,000.00 43 2564 ZEBRA CROSSWALK 'MfTE-EPOXY 50FT 108 .$2.Loo $Z.2liil;OO- $1200 $1,200.00 $20.66 $2.231.2, $21.25 $2.295.00 $20.75 $2,2041.00 .. 2571 DECl'DUOUS TREE 2" GAL B&8 EACH 37 $35QOO $12;Q50.00 $270.00 $9,990.00 $270.00 $9,990.00 $275.00 $10,175.00 $250.00 $9,250.00 . CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 612-234-4209 BID TAJLATION CITY OF HUTCHINSON LE"T"fIIfG NO. 1A1PROJECT NO. 06-01A BID OPENING: 03/13/2007 AT 9:00 AM ENGINEER'S ESTIMATE $204,000.00 . , ..... ,...... ...>............:...:.>.- Oi,ilnlridrB(i:)ljlne-.-"-- - a".RI;x~inc ''''~:go~na;lne 4<Jlj....st,PQIlo.2# WniMuftMii'&SonsJnc 11.. HWy;"_ 10.4IHWy1SS f31P1rkAVt eNGI~'sE8T1rt..TE, HutchJ~',IIN'_~ >~ff!'lSburg'AlN6lI~1;o208 . PQSox'S11 -j:JbSOx2A7 UM'fYQ11 '-211401_0 32<f'9t8-40ta Hoichlnaori'MN~17 Hlmrg'MN: W3a;.Q2.t7 ~ ~ ;l2II./lSt,'0+4....'., c1tri"Ill<'""'""*"",",,ojlle 3~'3Wlll!I 8t2....,~2'r20 ~ ...... "'"IWm~"'" '-20,2""'7~ "a~7~ , ,.. ........ . ... ., . - - i:'..,Com ~ e 0- ! ""\11",.,, ... JTl;IHIEScRlPTION Z U~irPRJcE .ES'llIilATE .. llI!l!'ll:l!lE alQ'm-rA1- ')llbl'jjJce; elDtoTAL ..1!ill1.1!1\JCE !lIQTOTAL eID.PRlCE B1b>OlAL , ::> " .. .511 0E<XlU0US TREE 110 CONTAJI'.'ER EAa< 5 ... 'tl'!hoo '..$625.00. $128.00 $6<0.00 $128.00 $6<0.00 $130.00 $850.00 $80.00 $400.00 41 2571 E 125 CONTAINER EAa< . .$250:00 iloo $.250.00 S5OO.00 $250.00 3500.00 $255.00 $510.00 $200.00 $400.00 47 2571 EAa< 36 .... >$ , ' $118.00 $4,246.00 $118.00 $4,246.00 $120.00 $4,320.00 $33.00 $1,188.00 40 2573 IM...ET PROTECTION EAa< 4 $t25OO , $500;00: $125.00 S5OO.00 $m.oo $WO.oo $1'5.00 $WO.oo $450.00 $1,800.00 4' 2573 SA.. T FENCE, TYPE MACHINE SlICED UN FT 1000 It,&5 .$U5!l:l1O $1.65 $1,650.00 $1.65 $1,650.00 $1.65 $1,650.00 $3.00 $3,000.00 50 2575 SEEDING ACRES '-' $400.00 ','$+10.00 ' $200.00 $220.00 $200.00 $220.00 $200.00 $220.00 $995.00 $1,094.50 51 2575 SEED MIXTURE 250 WI EROSION CONTROL BlANKET CATEGORY 3 SQVO 1086 .-US $2,OO9,tO $1.50 $1.629.00 $1.50 $1,629.00 $1.50 $1,629.00 $1.15 $1,2.48.90 5. 2575 SEED MIXTURE 270 WI EROSIDN CONTROl BlANKET CATEGORY 3 SQVO 2391 $:l.10 :02-'Ll0- $1.60 $3,825.60 $1.60 $3,825.60 $1.60 $3,825.60 $1.20 $2,869.20 53 2575 SEED MIXTURE 310 WI EROS1ON CONTROl BlANKET CATEGORY 3 SQVO 165. $2,40 S'l".OO4,SO $1.75 $2,891.00 $1.75 $2..8:91.00 $1.75 $2,891.00 $1.30 $2,147.60 54 2575 COMMERCIAl FERTIlIZER A/IW.. YSiS 24-0-10 """'" 297 $0;70 m7.9O' $1.10 $329.70 $1.10 $326.70 $1.10 $326.70 $0.40 $118.60 SUBTOTAL - DlVISION'II-$TREET CONSmucTION AND RESTORA'T1ON ItSS;SOS;40 $"2,303." $11141t..93 1'02,010.SO l16tlrta-.OO .... TOTAL LETTING NO. lAJt:lRbJECT NO, 08001A I $204.2~..11 $lBI;1Mj18 $204.210,03 $208 170.3<1 $208i-s7I.J1 0- r--.. .5:L ~ .., ~ ."" A....... <\ \ ~/ ;~~:-/ ,... _L · t' . .. . ~ 1...'1._11 __ hr*'l N III 114 I I -- ..... 55_ ....._""...LlI'II . May 3, 2007 Gary Plotz, City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Gary, The 65th Annual Hutchinson Jaycee Water Carnival will be held from June 11 th - 17th this year, ~ and the entire committee is working hard to prepare for it. We are requesting that approvals . and pennits be issued for the 2007 Water Carnival as follows: 1. Close the appropriate streets and issue a Parade permit for the Grande Day Parade on Sunday, June 17"', from 11:00 AM to 4:00 PM. We are working to have this year's parade route the same as last year's. MN Dot has grantad approvel for the same route as last year. 2. Close or monitor intersections at all necessary points for Parade Route on Sunday, June 17"', from 10:00 AM to 4:00 PM. 3. Issue a permit to operate concession stands during Water Camivel on Friday, June 15"', Saturday, June 16"', and Sunday, June 17"' on 1st Avenue NE from Main Street to Hassan Street. 4. Issue a permit for a fireworks display on Sunday, June 17"' beginning at approximately 10:00 PM at the McLeod County Fairgrounds. Fire Chief Brad Emans will be notifiad concerning the display of flTeworks. The Water Camival committee will arrange to have Sheriff Department, Fire Department and Ambulance support on hand. 5. We have contractad with Mini Bitt, Inc to provide portable lavatory services for the Grand Day Parade route, Parade staging area, and Kids Inflatables and Concessions area. 6. Request permit for K & K Fun Times to have Inflatabtes available to the public Friday, June 15"' through Sunday, June 17"'. The Water Carnival is a non-profrt event, and the Jaycees would appreciate the waiver of any fees or rentals during the duration of the Water Carnival to help defray expenses. We appreciate the assistance received from the City of Hutchinson and its staff, and we could not ~ have a community celebration without this support. . Page 1 of 2 \!lv \ / . t . "'" \1 I' ,-.~~~..-' - r , . . , c , - L~lI."'u''''rClnllnl PI 1..12. ---........ HIlI ....rc.......... If you should have any questions or concerns, or would like additional information, please contact me at the numbers shown below. Thank you, )~/ f'~ . Scott J Ziegler Commodore, 2007 Hutchinson Jaycee Water Carnival (320) 234-4430 (work) (320) 587-0778 (home) (320) 420-3967 (mobile) teedoff@hutchtel.net cc: S_ Cook, Mayor Dan Hatten, Chief. HPD Brad Emans. Fire Chief Doll Moon. PRCE DIrector . Page 2 of 2 11(0) \ . RESOLUTION NO. 13193 RESOLUTION APPROVING MN/DOT LIMITED USE PERMIT NO. 4308002 FOR TH 7/22 & SCHOOL ROAD PEDESTRIAN UNDERPASS AND AUTHORIZATION FOR EXECUTION OF DOCUMENTS WHEREAS, the City of Hutchinson is proposing to construct, maintain and supervise a pedestrian and bicycle crossing via a 14' x 10' box culvert (Bridge No. 43X04), adjacent retaining walls with rail system and trail; said project known as TH 7/22 School Road Pedestrian Underpass. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON 1) That the City of Hutchinson does hereby approve and enter into Limited Use Permit No. 4308002 for the construction of said TH 7/22 & School Road Pedestrian Underpass. 2) That Steven W Cook, Mayor, Gary D Plotz, City Administrator, and Kenton Exner, City Engineer are hereby authorized to execute documents pertaining to said TH 7/22 & School Road Pedestrian Underpass. . Adopted by the City Council this 9th day of May, 2007 Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator . \\t~)~ . . . CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4-15 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Public Hearinq. This Council shall meet on June 12, 2007, at approximately 6:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 4 (the "Development Program Modification"), the proposed establishment of Tax Increment Financing District No. 4-15 ("TIF District No. 4-15"), an economic development district, and the proposed adoption of a Tax Increment Financing Plan (the ''TIF Plan") therefore (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and TIF Plan"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearina. Filinq of Prooram Modification and TIF Plan. City staff is authorized and directed to wor1< with Ehlers & Associates, Inc., to prepare the Program Modification and TIF Plan for TIF District No. 4-15 and to forward documents to the appropriate taxing jurisdictions including McLeod County and Hutchinson Independent School District No. 423. The City Administrator is authorized and directed to cause notice of the hearing, together w~h an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 12, 2007, and to place a copy of the Program Modification and TIF Plan on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: May 9, 2007 Adopted: Steven W. Cook, Mayor ATTEST: Gary Plotz, City Administrator \\(cD3