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cp01-13-2004 cAGENDA RF;(~UI.AR MEETTNG - ITL'T'CHTNSON CITY COUNCTT TUk;SDAY, JAi~'UARY 13, 2004 1. CALL "I'O ORDER - 5.30 P M 2. IN VOCATTON -Reverend Howard Anderson, IIunier's Kidge C:otxununity Church 3. PLEDGE OF' ALLEGIANCE 4. NIINU'k'ES (a) REGULAR MF,F'I'ING OF DECEMBER 23, 2003 (b) ORGANi7ATIONAL MEETING OF JANUARY 2, 2004 Action -Motion to approve as presented 5. CONSEN'T' AGENDA (a) REPORTS OF OFFICF,RS, BOARDS ANT] COMMISSTONS 1. k'TRE DEPARTMENT MONTHT.Y RF.PURT k'OR DECEMBER 2003 2. BIJTT.DING DEPARTMENT MONTHLY REPORT 1~6R DLCF,1v1BER 2003 3. PTONEF.RLAND LTf3IL4RX SYSTEM MINTJTES OF BOARD MF:ksTING FROM NOVEMBER 20, 2003 4. HUTCHINSON AREA HF,ALTH CARF. F]NANCIAL REPORT (b) RESOLUTTONS AND ORDINANCES 1. RESOLUTION NO.12333-CONSIDF,RATIONI~ORAPPROVAL OhRESOLIJTION FOR PLJR('HASE 2. RESOT,UTTONNO.12332-CONSTDERATIONT~ORAPPROVAL Ok~RF,SOLT.ITTON AMLNDINCI THE GENERAL FUND BUDGk;'T FOR FISCAL REAR 2003 RCSOT: LITTON NO. 12087 (c) CONSIDERATION OF SETTING TH7~; ANN"UAL VISIONARY WORK.SIIOP 1~OR 7ANUARY 28, 2004 FROM I0:00 A.M. TO 3:15 P.Nl. Action Motion to approve cn»sent agenda G. PUBLIC HE A.RINGS - (:00 P.M. 7. COMMTJNICA PIONS RE VESTS AND PETTTIONS CITY C..'D(.TNCII, AC.F,NDA -.7ANUARY I,?, ~Op4 8. UNFINISHED BUSINFSS (a) CONSIDERATION FOR AYPROVAT. FOR APPOIN`TMEN'T OIL' NEW HRA F3pAItD MF,MBF,R PAT SPETHMAN (REPLACING JOHN HOULE) Action -Motinn to reject -Mntion to approve (h) RF.SOLL)'TION NO. 12312 --CONSIDERATION FDR APPROVAL OF CONDITIDNAL USE PERMIT REQUESTED BY MTLF.,S AND LINDA MCMONAGLE> PRDPERTY O WNF.RS, TD ALLOW RESTORATION OIr THE MARQUEE, C.ANO.PY, AND TUWER LOCATED ABOVE TH$ ROOF TINE ON TTTE STATE THEATRE, 35 WAS.H1NCr'TON AVENT-TE EAST Action -Mntion to reject -Motion to approve 9. NE'W BUSINESS (a) ORDINANCE NO. 04-366 - CONSIDERATION FOR APPROVAL Ole FEES/RATE ADJUSTMENT (FIRS.T READING AND SLT Sl CDND READ7NGAND ATJOPT70N F'OR JANUARY 27, 2004): + WATER • SF,,WER • REFUSE • STORM WATER (b) CONSIDERATION OF REVISIONS 'TO ORDINANCE REGARDING SEASONAL DISCHARGE OF STIMP PUMPS . Action ~ Motinn to reject -Motion to approve (c) CONSITERATION OF PURCHASE OF RL:AL FSTA'TE I3Y 1'JTE CITY OF' TIIJTCHTNSON I~OR P[JBLTC PURPOSE Action Motinn to reject -Motion to approve (d) CONSIDERA'T'ION OF CONSULTING CONTRACT WITH $OLTON & MINK FOR STATE HIGHWAY 7 IMPROVEMENTS Action - Motion to reject -Motion to approve 10- MISCEi,LANEOLIS (a) COMMIJN[CATIONS 11, CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS 12. A,DdOURN r~ MINUTES REGULAR MEETING-IIUTCIiINSOIY CITY COliPiCIL TUESDAY, DF,C:EMBER 23, 2003 1. CALL TO ORDER - 5:30 k M Mayor Marlin Torgerson called the meeting to order. Members present were Tim Haugen, Kay Peterson, Bill Arndt, turd Duane Hnverstnn. Others present wcra Gary Plgtz, City Administrator azxd Marc Sehora, City Attorney. 2. INVOCATI0IV -Rev. Sanx U"rozdanov, Shalom Baptist 3. Pi,EDGF OF Ai,LECaiANCF, 4. MINUTES (a) REGT7LAR MF,ETING OF DECEMBER 10, 2003 Minutes were approve as presented 5. C.ONSF.NT AGFIYDA (a) REPORTS OF OFh1CERS, BOARDS AND COMMISSTONS 1. AURCHASE OF LOGS BLD OPENLNG MINUTES FROM DECEMBER 12, 2003 2. FINANCIAL RF,PURT FOR NOVEMBER 2003 (GENERAL FCTIYD, WA'['ER, AND SEWER L)EPARTMENTS) 3. INVESTMENT RF,PORT FOR NOVEMBER 4. HU'fCHINSON ITOLJSING & REDF,VELOPMENT Ai]THORI'I'Y REGIILAR BOARD MEETING MINUTES FROM NOVEMBER 18, 2003 (b) RESOLiITIONS AND ORDIIYANCBS 1. ORDINANC.F; NO. 03-358 - AN ORI)LNANCE REPEALING ORDINANCE NU. O i-353 - ES"fABLISIILNG SPECTALSERVICE DISTRICT NO. 1 (SF,CDND READING AND A.1)OPTTDN) 2. IZ;/SOLUT'lUN NO. 12315 -CONSIDERATION FOR APPROVAL RF.SOLLTTION ADOPTING 2004 HOL75ING COMMLINI"IY DEVELOPMENT PLAN 3. R_ESOLLITIONN0.12314-C,ONSIDER.ATIONFOR APPROVAL OhDNRC:ONSF,RVATION PART'NERS111P GRANT FOR MILLER WOODS OAK SAVANNAH 4. RESOLUTION Nf). 12312 -CONSIDERATION FOR APPROVAL OF CONDII'lONAL IISF. - PERMIT RLQLJESTED BY MTT.ES ANf) LINDA ML'MONAGLE, PRUPF,k"1'Y OWNF,TZS, "f0 AI,LO W RES'fORA'I'ION OIL THE MARQLTI'sE, CANOPY, AND TOW);R L OCATFD ABOVE 'fHF. ROOF T,1NE ON THE S"fATF,'I'IlEATIZE, 35 WASHPVG'fUN AVENL7F, I;AS'1' 4(a) CITYC'DCIr'VC'IL MINCTTE,S'-I)LCFMBF,R 23, 2003 ,5, RF.50LLT'T'lUN NU. 12316 - CONSIDF,TZATION FOR APROVAI, OF IZESOLUTTON APPR.O VIN(; AN F..XTENSTUN OIL CONDITIONAL T IS E; PERMIT GRANTED TO MENARDS TO CONS'1'RLIC'1' A FENCF.14 FEET IN IIETGHT AND ALLOW FUR OU"TDOOR ST'ORAOF AND DISPLAY AREA LOCA"1'ED A1' 1525 MONTREAL S'1'REF..1' SE (c) 2004 LICENSE RF.,NLWALS 1. TOBACCO LICENSES 2. MASSAGE LICENSE (d) CONSTS]ERATION FOR APPROVAL OF SIIORT-TERM GAMBLING LICI=.NSF, I~OR HU1'CHINSON BASEBALL ASSOCIATION A1' VFW POST 90G (e) CONSIDERAATUN FOR APPROVAL OF SFIORT-TERM GAMBLING LICINSF. FOR MINNESOTA WATERFOWL CENTRAL CIIAPTER AT VFW POST 906 (~ CONSTDERA'1'IUN FOR APPROVAL OF NOTICE, FROM IIBNNEPIIV COUNTY ILE(~IONAL RAIL AUT'HORI'TY REGARDINCT EXEMPT ABANDONMF.N"I' IN MCLEOI~, CARVER, AND HENNEPIN COUNTIES (g) CONSIDERA'T'ION FOR APPROVAL OF IICVB RLIbGET 2004 . (h) CONSIDE:RATTON FOR APPROVAL OF 0[JT-OF-STA`T'E TRAVEL TU SEATI.,E, WASETINGTON TO ViSTIT THE LRI COMPOST FACILITY I3Y CREE.KSIDk, SOILS SITF. COORDINATOR, DOUG JOHNSON AND STEV}: MADSON (i) CONSIDERATION FOR APPROVAL OF Ol1T-OT's-STATE 'TRAVEL BY ANDY T~OSEK "i'U LAS VEGAS, NEVADA TO ATTEND TIIE ANNUAL [1S COMPOS'l'INiG COUNCIl, CONhERENCE (j) CONSII]ERATION FOR APPROVAI, OF WALMARTHON-INTOXICATING I.,ICENSE SUSPENTION STIPULATED AGREEMENT (k) CONSIDERATION FOR APPROVAL TOR APPOINTMk;NT OF NEW HRA BOARD MEMBER PA'T SPF.THMAN (REPLACING JOHN FIOULE) 5(b)4 was pulled for further discussion. Ms. Wschnack informed the Council that there was some discussion at the planning commission regarding the flashing light issue with the signage (there is a condition in the conditional use permit). Ms. Wischnack further explained that downtown design review committee needs to be approached regarding this and they need to review plans before the Council acts on Ure Marquee. Mr. Sebora explained that there was snrne concern whether the design of the lights with the canopy and tower would be allowed under the current hulidng code. There is a provision dealing with flashing signs that allows them to he reviewed by the downtown design comuittee. Ms. Wiscluiack is going to xnect with the design conunittee and bring the new proposal to the ~~ext Cily Council meeting for consideration at that point. C'(1'YC.U(INC7L N11NiI1LS-1)L•CF,MBF,R 23, Z(IU3 Motion by Kay Yetersvn, second by Jim Haugen to defer action on (h)4 unli I the next regular Council Meeting in Januo-uy. Motion carried unanimously. 5(t) was pulled by Council Member Arndt for furfixcr discussion. Council Member Arndt was concerned that the abandozxnxcnt, the hridgcs, culverts, and pipes might also be pulled out. If this lxappezxs, it could cost the City of Iutchinson tune and money in replacing them in the future. Council Member Arndt would like to see the rails pulled but not the bridges. He requested that this be looked into so as to ensure this will not happen. Mr. Rodeberg said that the engineering department is working with Rozx McGraw and McLeod Couzxty Railroad Authority to ensure tlxat ilxis does not happen and to have a little more of azx involvement on how the rail in abandoned. He recommended that this be included in the motion. Rail America is involved in the abandonment and part of their requirement is they remove rails and a nuznber of other fixings. "Ilte expectation though is they may or may not do that however. Mr. Rodeberg is not sure what is required under the law regarding the bridges, if there is safety or other issues. In the case of Luce Line, the 17NR was taking over but in this case Hennepin County control. Motion by Bill Arndt, second by Jim Haugen, to approve railroad abandonment contingent on enstu-ing tlxe preservation of trails, hridgcs, culverts, and pipes and that the abandonment is consist with our plans so as the corridor is preserved as a firture transportation corridor. Motion carried unanimously. 5(g) was pulled by Council Meznbcr Hoversten for further discussion. Council Meznbcr Hovcrsien gave a brief history of how the HCVB was created. The HCVB was created by a City Ordinance and the Ordinance has the Hutchinson motels collecting tax just like t3ac is collected in retail stores. In tlxe Qrdinance the Cily selected the Chamber of Comznerce tv oversee the HCVB with the HCVB being an arm of the Chamber of Commerce. With that in mind, it falls on the City Council to ultimately oversee the budget because it is a tax collection. The current budget does not show that the IICVB plans to move out of the City Chaznher. The budget also does not show that out '13 to 14 comparable cities, t}ze average CVB spends 25 - 35% of their budget on staff. The HCVB spent over 50% this last year ozx staff. Because fixcy are moving to a different location they are going tv have to hire one or two more part time staff to answer phones, mm~ing the expenses up higher. Council Member Haugen is requesting that the budget be approved for 90 days and in that 90 days a strategic planning ennxmittee be put together to put a strategic plan together on what it is the HCVB is going to do and what their znission is and also to come up with a revised budget chat fits what their strategic plan is going to be. The members should include people from the Chamber, the Council, and the 11CVB. Within the 90ciays the F1CVB will cozne back to the council with a revised budget and strategic plaza. The mayor will nanxe two people at the J;muary 2, 20p4 organizational meeting. Mariamx Felk, HCVB advisory board representative from the fairgrounds, stated that they can and will comply with the stipulations tlxat tlxe City Council has requested and also invited the City Council nxembers to attend any zneeting(s). Motion by ICay Peterson, second by Duazxe Hoverstcn fora 90 day provisional budget with tlxe expectation that a committee will be put together to put together a strategic plan with a budget that matches that plaza and will he brought before the City Council for review before the 9U days are completed. Motion carried unanimously. .5(k) was pulled by Mayor 1'orgerson for further discussion. Mayer "I'orgerson explained that there 3 CT7Y COUNCIL .LITNUTF.S - DF_'CGMBL:R l ~, znn_~ are legal questions about having a city ernployec and a director serve on one of the entrepreneurial funds. "I'he mayor asked Mr. Sebora to research if this would be a proper appointment and recorrnnende;d that this be cieferreci to the first regular City Council meeting m January, Motion by Kay Peterson, second by Bill Arndt to defer appoint for City Attorney to research if this would be a legal appoicrl.ment until the first regular meeting in January- Motion carried unanimously- Motion by Duane Iloversten, second by Kay Peterson, to approve consent agenda except for 5(b)4, 5(f), 5(g), and 5(k) as presented. Motion carried unanimously- 6- PUBLIC pIEARINGS - 6:00 P.M. 7. CQMML7NICATIONS RF, UI:STS AND PF;TiTIONS 8. UNFINISFIIi;b BUSINUSS (a) CONSIDERATION k'OR APPROVAL OF RESOLUTION NO. 12305 TO ADOPT GFNEiZAL FUND BUDGET 2004 Mr. Merril] explained drat the finance dcpaztrncnt has been working on this for several months- It includes the 2004 wage adjushnent and the medical and health insurance adjustments. Mr. Merrill requested approval o f the general fund budget based on the original general fund budget presented on December 10, 2003. Motion by K.ay Peterson, second by Duane Iloversten, to accept the resolution as presented to adopt stye general limd budget for 2004. Motion carried unarximousfy. (b) C:ONSIDERA'I'ION 1~OR APPROVAL pF RESOLUTION NO. 12302 TO ADOPT ANNiJAL WAGE ADJiJSTMENT Ms. Ewing discussed the annual wage adjustment resolution. The original proposal ofDecember 10, 2003 was fora 2'/z% market adjustment- Per the City Council's direction, the wage committee met on 1]ecenrbcr 15, 2003 to review their recommendation and Council Member Hoversten's (all mernhers were present) proposal to adjust the pay grid 1'/,% and to grans employees a separate 1 % lump sum payment. The recommendation oFthe committee was to present to the Council the original proposal of a 2'/z% market wage adjustment. The wage conunitlee felt it was very important to maintain the integrity of the pay grid so the City can stay competitive and retain good employees. There was a study done of comparative cities for the committee toreview- Counci l Mcmher Peterson stated that a comparative study was done a few years ago when the city started losing many of its employees arrd the cornnrittee then found that they were behind the comparative pay scale fvr other similar cities. Because of this, the city implemented a major adjustment to the pay scale and the committee is reconunending an adjustment now so this does not happen again. Mr. Rodeberg cnnuncnted that the pay grid is average in comparison to other like cities, but is not at all competitive. Counci 1 Member Flaugen stated drat the committee also looked at the added work required of employees due to the layoffs. The quality n ('work did not diminish even though there was more work far the enrployecs to do- Council Member Arndt was concerned that tlrc City was l,~ranting raises when so many people CITY (:OUNCIL MTNUTF„S-DF,CEMBF,R l3, 1pQ3 were just laid off and some of those people still have not found new jobs. Mr. Klnss added to Mr. Rodeherg's comments that this is not really a raise but a market adjustment to the pay plan to ensure its integrity. After discussions basal on the wage committee's recommendation, Ms F.wing requested approval of the original annual wage adjustment resolution presented nn December 10, 2UU3. Motion by Kay Peterson, second by Jim Haugen, to accept as presented the resolution to adopt annual wage adjustment. Motion carried with t}tree ayes (KayPeterson, Jim Haugen, and Mayor Torgcrsnn) and lwo nays (lluane Iioversten and Bill Amcit). (c) CONSTI)ERATION FOR APPROVAL TO ADOY'I' LONG TERM DISABILITY INSLTRANCF PROPOSAL Ms. Ewing cxplaincd drat this was dcf'erred at the December 1 U, 2003 City Cormci] meeting as the risk managers from Berkley Risk Services were reviewing the proposal received. Ms. Ewing presented the results and gave an explanation of the risk management review. Based on rattking in several areas, the risk management review recommended that the City of Hutchinson accept the UNLIM proposal. Mr. Plotz also commented that Iutchinson Area Ilealth Care did its own review and has selected LTNUM as their provider. Ms. Ewing stated that there is a difference in premium price, however, our risk managers are indicating i.INLTM as a better choice due to market share and services able to offer-- Council Member Hnversten also did a comparison and agrees with this review. Motion by Duane Iioversten, second by 7irn Haugen, to accept as presented the long-term disability insurance proposal from LTNUM. Motion carried unanimously. 9. NEW BUSINESS (a) CUNSII]ERATION FOR APPROVA}, OF RF.SOL[JTiON NO. 12313 ADOPT}NU WR'I'ER, VVASTRWATER, REFUSE, RECYCLING, AND COMPOST BLIDGF,T Mr. Mcrri]] explained that this has been broken down into two different departments (the water and wastewater being one and the refuse and recycling being the other). Because of this change the frnance department reviewed the budgets and the numbers have changed somewhat from the packet infnrrnation. Mr. Merrill also requested approval for the least agreement for the wheel loaders at this time since there is an advantage to approving both at one time. Motion by Duane Hovcrsten, second by Bil] Amdt, to accept as presented the resolution adopting water, wastewater, refuse, recycling, and compost budget. Motion carried unanimously. Motion Kay Ycterson, second Jim Haugen to approve the lease agreement for wheel loaders at the compost facility. Motion carried unanimously. (h) CONSIDERA"PION hOR APPROVAL OF RESOLUTION N0. 12321 POR TRANSFF,R OF R1;SIDLIAL REV);NUF.S POR TAX D}STRiCT N0. 4 Mr. Men•ill cxplaincd that this resolution is closing out old tax district no. 4. There was residual CITY CO (INC7h MINUTF.,S' - DECEMBER ,~, 3, 2003 money left in these accounts that the finance department has been researching what can he done with that. They have found that is the money comes fiom non-tax increment sources (i.e. interest earning and sale ol'pmperty) come under the guidance of the City Council. The .fin,3nec department, with City Council approval, is going to move this money nut ofthe tax increment fiord. That will allow 2003 to he the last year for state audit reporting as it disposes of all money in that luncl. The people at Ehlers have been working on this to ensure that the City has the right procedures. This has also been revicweci and prepared by Deny Gilligan of Dorsey Law Firm, It sti ll allows options io remain open. Motion by Jim Haugen, second by Bill Amdt, to accept as presented the resolution far transfer of residual revenues for tax district no. 4 (prior tv July 1, 1997). Motion carried unanimously. (c) CONSIDERATION FOTZ APPROVAL OF RESOLUTION NO. 12322 FOR TRANSFER OF R1=STDUAL REVENCIES FOR TAX DISTRICT Np. a Mr. Merrill explained that this resolution is closing out old tax disirict no. 4. There was residual money left in these accounts that flrc finance department has been researching what can be done with that. 'They have found that is the money comes from non-tax increment sources (i.e. interest earning and sale ofproperty) come under the guidance ofthe City Council. The finance department, with City Council approval, is going tv move this money out of the tax increment fund. Thai will allow 2003 to be the last year for state audit reporting as it disposes of all money in that Tuncl. The people at Ehlers have been working on this to ensure that the City has the right procedures. This has also been reviewed and prepared by Gerry Gilligan ofborsey Law Firm- It still allows options to remain open. Motion by Kay Peterson, second by Duane Hov~u-sten, to accept as presented the resolution for h aarsfcr of residual revenues for tax district no. a (after July 1, 1997). Motion carried unanimously. (d) CONSIDERATION hUR APPROVAL OF RLSOLLITTON NO- 12323 FOR R;~.TMBTJRSEMEN"T OF AJ7MINTSTRATION AND ENGINEERING FEES FOR 2003 Mr. Merrill explained that this resolution was to reimburse the genezal fund for administration Fees and engineering serviccsset-up by the city policy for the projects. Transfer from the water and sewer fund for those administration and engineering fees and the administrative fees for the 2003 improvement bonds. Also took storm water utility for engineering and administration fees. Motion by Tim Flaugen, second by K.ay Peterson, to accept as presented the resolution for reimbursement of administration and engineering fees for 2003. Motion carried unanimously. (e) CONSIDERATION OF APPROVAL FOR CI'T'Y OF HUTCHINSON LETTER Oh CRF.DT'I' FOR PERFORMANCE BOND Mr. Merrill asked the City Council to defer this item until 7anuary 2, 2003 Organizational Meeting because he had not yet received all items needed for the bond. The perfonnanee bond they are trying to get that is required with the contract with the City of Mirmcapolis. With this performance bnnci there is a letter of credit that is needed. . Motion by Kay Peterson, second by Jim Haugen, to defer this agenda item for consideration ai the Organizational Meeting on January 2, 2004 when NIr. Merrill will have the information required 1'or (i CITY COIINC'li, MINUI Eb' - I)E'CGMBER 23, 20D i tlxe City to issue a letter of credit for perti~nnance bond. Motion carried uxx<"uximously, (f) CONSII]ERATTON FOR APPROVAL OF 2004 WORKERS COMPF;NSATTON INSURANCE POLICY Mr. Merrill presented information to the City Council regarding the 2004 workers compensation i~xsurance policy. Berkley Aisk Services reviewed the different options and their recommendation would be to renew the policy as presented by League of Minnesota Cities Insurance "Trust with the managed cart with 3"/o credit option and the standard premium. Ide also explained that the modi&er has decreased this year (fewer claims to report). Motion by Duane Hoversten, second by Rill Arndt, to accept as presented the 2004 workers compensation insurance policy. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF PURCHASE OF T,,OGS Mr. Plotz explained that this was a purchase of ]ogs for 14 logs at conxpast facility (logs received from tree trinmiings from boulevards). Motion by Jim Haugen, second by Bill Arndt, to accept as presented the purchase of ]ogs. Motion carried umanimously. (h) CONSIDERATION FOR APPROVAL TO HAVE TH.F, CITY ATTORNEY DRAFT' ORDINANCE FOR FEF., FDR SERVICE FOR FTRF, DEPARTMENT Mr. Emans discussed Uxe reason for fees for service for fire department. Mr. Enz<'tns provided the Council with various newspaper articles regarding fees. 'this is another means ofrevenuc in place of loosing hudget. It has been widely advertised and brought before council. Nlr. Emans has only received one comment irrnxx a taxpayer who is concerned his insurance premiums will incread. Mr. Ema~xs is requesting tlrat he be able to work with the City Attorney on ordinance so as to allow for sonic allowance in billing but to different situations but would remain legal. Ile also requested that during budget process of 2005 tlxe ordinance would be reviewed again to review comments and see how the fee collection it is working. Motion by Bill Arndt, second by Tim Haugen, to accept as presented to have the city attorney along with the fire chief draft an ordinance for fee far service for fire department. Motion carried unarimously. (i) CONSIDERATTON FOR APPRUVAT, OF CONTRACT FDR CREEKSIDE SOILS MANAGF,MENT SERVICES This is a tln ee month contract. Motion by Duane Floversten, second by Kay Peterson, to accept as presented the contract for Creekside Soils Management Services. Motion carried unanimously. G) CONSIDERATION FOR APPROVAL, 01~ ONE YEAR NUTRTTION SERVICES INC. CONTRACT 7 C'IT 1' CU (.lNCIL MINiJTF.,S -- DF,CF.,'I?13GR 23, Z00 i Ms. Wischnack explained the new contract. The fee reimbursed to the city will be a signilicant increase. "1'herc is a new scrvtce provider. The City was able to renegotiate the contract. For years Augustana had the contract and it was $300, The other pt'oblem was we had trouble breaking out the exact costs because there were employees of the city working over Qiere so it was more difficult to break out the utility and other costs than wlxat we have today. It is pretty straight forward al. to what costs we arc incuxz-ing in taking care of that building. The contract is proposed ai $800. Motion by Iii 11 Arndt, second by Jim Haugen, to accept as presented the contract for one year Nutrition Services inc. Motion carried unanimously. (k) CONSD)ERATION FOR APPROVAL AU1'IIORIZING 'I'IlE PLTItCIlASE DID COST ACCOi-TNTING/CONTRAC"1' MANAGEMENT SOFTWARE AT $122,200 (1) CONSIDERATION FOR APPROVAL AU'1'1lORiZiNG "1"IIE Pi.TRCHASE OF SPACE LABS MONITORING EQLIIPMENT FOIL CRITICAL, CARE UNIT A'l' $280,558 (m)('ONSIDERATIOI~T FOR APPROVAL A[JTIIORILING THF. PURCHASF. OF 1I1LL ROM BEDS POR CRl'I'1C:AL CAILE UNIT AT 5105,3G5 (n) CONSIDERATION FOR AFYROVAL AUTHORi7_.]NG 1'IlE PLTRCFIASE OF PRO.IE('T FLTRN[SHINGS A"1' $230,000 . J(k), 9(I), J(m),and 9(tx) were read together Motion by IGay Peterson, second by Duane Itovc~rsten, to audrorize purchase of accounting/coutrtct maxxagetnent sottwarc, space labs monitoring equipment For critical care unit, Hill Rom hecis for critical care unit, and project tirrnishings. Motion carried unanimously. IU. COIVIMUNiC:A,TIONS Mr. Sebora, Mr. Ploir., Mayor Torgerson, and the C..ity Council thuxked Duaxre Hovcrsten for all the work he )xas done for City, City Council, and other cnrruxrittces. They also thatrked him for the help he gave them. Tlxe mayor pimxed a Key to the City on his sweater. L)uatre Hoverstcn thanked the citizens for al lowing him to serve on conlmiltee and also thvxked mayor and council. Council Member Anrdt comtxxented on the cars parked on the street after a snowstorm when the plow trucks are trying to clevx the streets. IIe conuncnted that it is very dangerous and adds an expense to the city to have to go back and cleatr up later. Mr. Rodeberg commented that the police clepartrxxent has assigned an officer to help with ibis problem and nxore cars will start being towed. Mr. Rodeberg requested that the council approve ashort-ternx contract with FCH to put in a lift station and sewer and water lines in the industrial park not to exceed $53,885. r~Iotion by Kay Peterson, second Bill Amdt to accept the short-term contract with FCH to put in a lift C7TYCOiINC7L MINTITF,S-DECEML3ER ~3, 2003 station and water and sewer luxes in the industrial park. Motion emried unanimously. Mr, Orlin hlerxke asked the City Council to review the policy on a temporary snow fence. IIe presented a copy of a letter he sent to his neighbor requesting that orange snow fence between his house and his neighbor be taken down. Tle does not believe that i t is conducive to the ~xeighborhood and he is concerned about the water in his yard once the snow melts. He also brought pictures for the council to review. Tlc commented that the plamxing committee has requested that his neighbor not put red signs and yellow tape nn the surrotmding trees. Mr. Henke is asking the Council to clarify the current ordinance on how long and where stxow fences carr he set. What does temporary meatx? The mayor requested drat the city attorney will look at regulations. Mr. Scbora explained that there is not a city ordinance regarding this right now but he will research to see what can he done. Cnwxcil Member Arndt reminded evcryoxxe that snowmobiles are not allowed on boulevards but it is hard to control. l 1. CLATMS AT'T'ROPRTAT'TONS AND CONTRACT PAYMF,NTS Motion by buane Hovcrsten, second Bill Arndt to approve claims, appropriations, and contract payments. I2. AD,TOTIRN With no further business, tlxe meeting adjourned at 6:40 p.m. r L- C~ 9 MINiJTES IILITCiIINSDN CITY C:DUNCIL SPECIAL OItGANi7_,ATIQNAL MF,ETING FIt1DAY, JANUARY 2, 2004, 8: iS A.M. 1. INSTALLATION OF NEWLX ELE(:TF,L) CITY COUNCIL, MF:MRER: • COLINCIL MEMBER KAREN KAY PETERSON • COUNCIL MEMBER CASEY DONOVAN STOTTS Marc Sehora, City Attorney, administered the oath of office to newly elected members Kay Peterson and Casey Stuttc. Each was installed as a tttembex of the City Council. 2. CALL TO ORDER - 8:20 A.M. Mayor Marlin Torgerson called the meeting to order. Council Members present were Rill Amdt, Tim Haugen, Kay Peterson, and Casey Stotts. Also present were Ken Merrill, Finanec Director, and Marc Seboxa, City Attnruey. 3. CONSENI'AGENDA (a) RESOLLJTIUNS 1. RESOL[TION NO. 12324 - llESIGNA'I'1NG OFFICIAL NEWSPAPER AS HLITCHINSON LEADER 2. RESOLUTION NO. 12325 -APPOINTING GARY PLOTL AS CTT'Y ADMINISTRA'T'OR FOk 20U4 3. RESOLUTION NO. 12326 - DESIGNA'pION OP llEPOSITORIES OF CITY FUNDS IN COMMERCIAL. RANKS AND 1NSTITU7'lONS 4. RLSOLLJTION NO, 12327 - RF.SOLU'1'ION APPROVING SF.CLIRI'1'IES 1'OR COLLATERAL. FROM CLTIZENS RANK AND TRLIST CO. OF HUTCHINSON, MINNESOTA 5. RESOLUTION NO. 12328 - R;SOLUTION APPROVING SECUkiT[F,S FOR COLLATERAL FROM FIRST M1NNF.SOTA BANK OP HUTCHINSON, MINNESO TA 6. RESOLUTION NO, 12329 ktiSOi.LITION APPROVING SECLJR.ITILS F'OR COLLA"IERAL PROM RklMER RANK OF FILITCHINSON, MINNESO"1'A 7. RESOLUTION NO. 12330 RESOi.L1TION APPROVING SEC[JRLTIES FOR COLLATERAL PROM FIRST FEDERAL FSR Ol+ H[ITCIIINSON, MINNESOTA 8. RF.SOLUT[ON NO. 12331- RESOLLTION APPROVING SECLJRLTIES FOR COLLA'PF.RAL PROM WELLS FARCO SANK OP' HUTCIIINSON, MINNESOTA (b) CONSIDERATION OP 2004 CITY C:Ai.ENDAR Motiun by Peterson, second by Amdt, to approve, as presented, the consent agenda. Motion carried unanimously. 4. UNF7NISIIED RL751NF55 (a) ORDINANCE NO. 03-364 - AN ORDINANCE OF TFIE CITY or• HLITCIIINSON, MNNF.SOTA, ORANTINC; R[RCIIWOOD/CONNECT CARE TILE RIGHT TO PLA(:E AN 4(h) Speciu l Organ izati on ce! Merting Minutes .lanuut~, 2, 2004 Page Z • OUTllOOR'1'HF.RMOMF.TEk S1CiN OVER AND ABOVE CERTAIN PROPERTY LUCATEll IDI pUBTdC kl(iHT OI' WAY A'I' LF.CrIUN PARK. (SECOND RF.ADINC; AND ADOP7ICJN) Motion by Haugen, second by Arndt, to approve, as presented, the ordinance granting Birchwoorl/Cotmcct Care the right to place an outdoor thexutometer sigrt over and above certain property located in public right of way at legion park. Motion carried unanimously. 5. N1rW BUSINESS (a) SF.LEC'PION UY COUNCIL'S VICE PRESIDENT Motion by Haugen, sccottd by Arndt, to elect Kay Peterson as Council Vice Yresidertt. Motion carried unanimously. (b) DESTGNATIUN OF COUNCIL REPRESENTATIVES: AIkPORT COMMISSION - Marlin Torgerson 2. HUT'CHINSON AREA IIEALTH CARR BOARD --Kay Peterson 3. T-IiJTCHINSON COMMUNITX DEVF.T,OPMENT CORP. ROARll (EDA) -Jim Haugen and Casey Stotts 4. HUTCHTNSON HOUSING, INC. (HRA) -Casey Stotts S. LIBRARY EUARD.-Kay Peterson • G. MID-MINNESOTA COMM155ION-Bill Arndt 7. PARKS, RECREA'I'IUN, COMMUNITY EDLJCAI'lON ADV15ORY BOARD -Bill Arndt H. PI.ANNTNCiCOMM1SSlON-JimHangen 9. HLITCTTINSON SAFETY COUNCIL -Casey Stotts 10, LIGHT'CRAI".FICADVTSORYBOARD-Kaypeterson 11. TELECOMMUNICATIONSCOMMISSTON-MarlinTorgerson 12, LTQUOK STORE CUMMIT1~tiE -Marlin Torgerson and Situ TTaugen 13. IIUTCHINSON LITILIT'1B (:OMMTSSipN-Marlin Torgerson 14. MCLEODCU[INTYSULII)WASTi;ADVIS(]RYCOMMTTI'L'L-Kaypeterson 15. MAIN STREE'T' ADVISORY COUNCI. -Jim Haugen and Casey Stotts (c) APYUINTMENTS TO HEAi,TH BOAKD: • DR. 7AME5 ALT.EN • DR. DAVTll BYRON • DR. DENNIS MURPHY Motion by Petcrsott, second by Arndt, to ratify appointments ns presented. Motion carried unanimously. S/iecia! Organi~nti.onal ~t~IPNItTIf~ lt4fn GfC'.S January 3, 2004 Pa,Ge 3 (d) APPUINTMT;NT OF ADVISORY COMMIT'T'EE FOR CRF.EKSIDE SOILS -Gary Plotz, handy DeVries, Duane Hnversten, Marion Filk, and Bili Arndt (Council Representative) Motion by Aaugen, second by Stotts, to ratify appoinhnents as presented. Motion carried uuvtimously. (e) APYUINTMENT OF hICVE STRATF,GIC PLANNLNG COMMITTEE -Duane Ilovcrsten and Dolf Mcon There was discussion if x council member should be appointed to serve on this cvzitnlittce, Mayor Torgcrson noted that this is a Chamber of Commerce committee and a council appointment is not required. Motion by Peterson, second 6y Arndt, to ratify appnit[tments as presented, Motion caried unataitnously. 5. CUMMi]NI(',ATIONS Council Member Peterson presented the voter numbers from the canvassing board for the recent special election for state represcutative. Voter Honour for district was T3.89%, Scott Newman won the election with I,RG1 votes. Lowell Uelaud received 1,UD6 votes, and there were 10 write-in votes. Council Member FIaugcn welcomed Casey Stotts to the City Council. 6. AD7UURNMI;N'I' With nn fi~rther business to discuss, motion by Peterson, second by Srotts tv adjottrn the meeting at 8:27 a.m. ATTEST: Marlin Tnrgerson • Mayor Gary D. Plot City Administrator Memo To: Mayor and City Council Members From: Brad Emans, Fire Chief Date: D1/02/D4 Re: Monthly Update on Activities of the Fire Department The fire department responded tq 35 general alarms in the month of December and a total of 413 calls for service in 2003. I will be providing a complete annual repprt to each of you by the end of January. Example of a few of the calls: 1. We responded to nine automobile accidents that involved some form of rescue. 2. We assisted with the send-off of troops in a stand-by, out of sight mode. . 3. We responded to a vehicle that ran into a house, doing considerable damage to the house. 4. We responded to a fre at Ridgewater College where a worker cut off an ashtray from the side of the building starting the wallboard behind the stucco on fre. This is the breakdown of the calls for the month: City: Residential 1 Commercial/Industrial 3Multi-Family 4 School 2 Carbon Monoxide 4 Hazardous Material 2 Rescue 1 Medical 4 Mutual Aid 1 Rural: Rescue S Medical 3 Grass Type 1 Carbon Monoxide 1 Carbon Monoxide 1 Drills /Meetings !Other Information • SCBA Monthly maintenance • Firefighter testing. We had 15 candidates show up for the orientation the first night and ended up with 2 actually testing. We hired both of them. We are currently staffed at 34, 32 trained firefghters and 2 new recruits. • New auto extrication techniques. • Rural and city map reading class with a focus on the new street names in Hutchinson. S(a)1 • Fire alcerrns, how they work and how to reset them, . Fire Prevention 1. Heartland Headstart 2. School Readiness 3. Ridgewater pre-school 4. Community Leadership Development • 1'2c~e 2 1~"zrilrlr"iag~ I'~r•rrrrt,ti la~~ ~~pc ~UI' d'{l E' r710~rfdit D~1~, C~ r,a,yr'r", . y;rr F ;'I ~_fJi„Al.'dalf~C~.'v". f*~6=1L,Rt.,F~ ~. o a ~~~. - _. _.. ~ w . .. _ .. . u~ m~1P~~C1F~~~~~IF~h~9~~~`ALk..h,iti=:~J ~ _ r q~.~~ ~~5 _ ~IGhk _.~e_ ~G~.~fl ' _ ..._ . ...- t~r`f _..._. ..~ _. e., , V•I'J05H I E~'v1~N°R" _ r _ ~r~,p '~L71 a , .__.. m --~-,r~e IfJ'LE ~~NII_`~ C~ET~,~I-V~B~ _. i _ .._ .......... ~ _. _. ,~2~Frr~~~~ ~!:! i ~~~~ _ e®,..- _.. __.._ ... _. .. UTf1fw ~lLJNRSCC~~NTIAL MCP, ., (1~J~}Q.+~~ 4;34 -- -- _ _ .._..... .,...~ , R~I~IVTIA~.I~h+9P'~q"~C~ITIr~fv,a __ .,, _._. ~; _ W _; 1.C~~7C7.f~~Y ,. sr _, ..- _ -._- -.._...a~.. 16~~f1`~d6w~ a6d<71~!'Tlr~.r~e~ Pwl~ ~K+l.J: ~ f,E~Plf< AC)~ill~~f~J:~ _ 1- ~~ _,._.1 ~2,5~Y~1.~~Y , ', ~ i i .'.' 32 ~~'~~,~~.~~ ~~C.fY77~.; d7.S ~~ d",~'d(2 Y ~ . FP .- ~4,FL ~+Je~rprra~M~c~sf d~"laerrrh~r~r~ FT~rxrrr'r~ f~rrrktey rraar~th - ~~ .~ ~:'~, tv. PIONEERLAN7] LIBRARY SYSTEM OFFICIAL pROCE1;AINGS MINUTES C7F'I'HE BOARXI MEETING Thursday, November 20, 2003 at 7:30 P.M. Pursuant to due call and notice thereof; a regular meeting of the Pianeerland Library System Board called to order at 7:30 p.m. by Chair John Baker on Thursday, November, 20, 2003 in the Willmar Municipal Utilities Building, 700 Litch£eld Avenue SW, Council Chambers, Willmar, MN. Roll call was takem and the Chao' announced a quorum was present. Chair Baker opened the meeting. Chair Baker requested approval of the agenda subject to additions/deletions: Board members requested the fallowing additions: V. Committee Reports: A. Finance Committee: 6) Prairie Correctional Facility confract, 7) Swift County Funding Formula, 8) Automation System "RFP," 9) Personnel Policy 204, 10) Heritage Contract and E Personnel Committee: 4) Personnel Policy 204. Clouse motioned approval of the agenda as presented with amended additions, seconded by Berg-Perry. Motion carried. Board member Vanderharr moved for the approval of the October 16, 2003 miptttes, seconded b7' Reigstad. Motion carried. Chair Baker moved to committee reports. Finance Committee Chav Weiberg presented for the Finance Committee, Motion by Weiberg to accept the October 2003 Financial Report, seconded by Clouse. Motion carried. Weiberg moved to accept the Bills and Check Registers as presented, seconded by Schuette. Motion carried. Finance Chair Weiberg explained that four auditing Earns submitted three year audit proposals (2003 -2005). Weiburg motioned to authorize an "Audit I?ngagement" with Westberg, Eischens & Van Buren of Willmar, MN for the Fiscal Years of 2003 at $3,100 (excludes GASB 34), 2004 at $3,600 (includes GASB 34) and 2005 at $3,400 (includes GASB 34), seconded by Kamrath. Motion tarried. A motion was . made by Weiberg to approve a revised "MARDAG Budget 5150,000," seconded by Clouse. Motion carried. Weiberg made a motion to approve a revised "Rural Public Library initiative Grant," seconded by Reigstad. Motion carried. Upon motion of Weiberg to approve a "SAMMiE grant for retro-cataloging Canby's Public Library Collection, seconded by Reckdahl. Motion carried. A motion was made by Weiberg, approving an amended PLS Budget 2003 dated November 20, 2003, seconded by Clouse. Motion carried. Weiberg motioned approval of a conttact with Prairie Correctional Facility of Appleton, MN for "library services" in a total amount of $2,000, seconded by Berg-Perry. Motion carried. A motion was made by Weiberg to authorize a change in the "Swift County Library Funding Formula," seconded by Wilde. Motion carried. Finance Chau Weiberg and Library Director iloulahan provided an update on the request for proposal For automation services. Finance Chair Weiberg held discussion on Personnel.Policy 204 that allows for automatic steps. Weiberg motioned to not allow the automatic step for non-union employees for 2004 as provided far in Personnel Policy 204, seconded by Hale. Motion carried. Weiberg motioned to approve the Heritage Contact, seconded by Berg-Petry. Motion carried. Finance Chair Weiberg mentioned that the agenda addition of Finance Committee item 6 was a duplicate of item 5 and required no action. Chair Baker moved to the Negotiation Committee. Chair Hale held discussion on the meetings and 5ndings of the committee. He overviewed the committee activities to date mentioning that the fast AFSCME Union meeting was scheduled for December 3, 2003 at 5:30 p.m. in the Willmar Public Library Multipurpose Room. Chair Hale opened a discussion with the full board and 2003 Negotiating Team members concerning The proposed agreement for ZOD4 and beyond. Minutes of the November 13, 2003 meeting were distributed far reference. Hale explained rho committee had gone through the agreement and was going to review it with comments submitted by the attorney from the 2003 process. Several ideas were reviewed and Chair Hale recorded notes for the committee to consider in the bargaining process. f tale also stated the committee agreed to sit down with the union and discuss thew previous inquiry on "Interest Based Bargaining." Chair Baker moved to the Personnel Committee. Personnel Chair Vonderharr presented on several issues. Vonderharr moved to approve the appointment of Christine Peterson to the Ortonville Library effective to 10-01-03, seconded by Clouse. Motion carried. 5(a)3 Chair Vonderhaa moved on to a discussion on health care benefits and options availability along with Director Houlahan. A motion was made by Vonderharr to authorize two additional health care benefits options for Preferred Otte if required, seconded by Setzepfandt. Motion carried. . Vonderharr moved to PLS Board "Attendance" and reviewed all board members with recognition to those maintaining perfect attendance of: Baker, Reckdahl, and Reigstad. Congratulations were in order. Committee Chav Berg-Perry presented for the Ad Hoc Committee on 1FinaociallFatnre/Strategic Planning Committee. She highlighted the committee meeting findings with the final results being distributed with the November 2U, 2003 board packets and at the meeting. Berg-Perry held discussion on the findings. Chair Berg-Perry's then informed the board she would request action for the "Bylaws" and "Service Reductions" 6y sections. Berg-Perry made a motion to adopt PLS $oard Bylaws Article III PLS Library System Board, Section 1 Membership change to 9,000 in population, seconded by Wilde. Motion carried. A motion was made try Berg-Petry, to adopt Article lV Meetings, Section 1 Executive Committee and Finance Committce to meet and act an financial, check registers, contracts, grant applications, reports and financial reports when the full board does not meet, seconded by Schuette. Motion carried, Berg-Perry made a motion to adopt Article IV Meetings, Section 4 that each governing jtn-isdiction will receive agendas, approved minutes, and annual financial report, secatded by J. Sandbag. Motion carried- Motion was made by Berg-Petry to adopt Article V Committee; Section 1 Standatg Committees may meet via conference call, and authorize the Executive Committee to meet with the Finance Committee meetitlg jointFy on months wher- the board doesn't meet, seconded by Clouse. Motion carried. Chair Berg-Perry moved to service reductions. Discussion was held on various carrponents of the reductions with emphasis placed vn the proposed vacancy of the assistant library d'vector. Several board members was carcemed about the service levels if there was no assistant director, Board members wanted to see the proposed vacancy reviewed starting at three months rather than six months as proposed. A motion was made by Berg-Perry to adopt "Service Reductions" for "PLS Board Expenses," "Policies," "Rent for Central Office," "Fees for Services," "Reduction in Library Expenses," `supplies," "Collection Departrnent," and "Grants and Fundraising," seconded by Reckdahl. Motion carried- (24 ayes and I-nay vote). A motion was made by Berg-Perry to authorize "Administration Cost Reductions" 2 through 5, seconded by Registad. Motion carried (16-ayes and 9-nays). Upon motion of Berg-Pery to implement "Administration Cost Reduction" #1 to leave the assistant library director position vacant upon retirement of incumbent (planned for June 30, 20D4) with reassessment at three, six and twelve months, seconded by Registad. Motion carried as amended (18 ayes and 7 nays). A motion was made by J. Sandberg to amend the previous motion to reassess the position vacartcy at three month, six months and one year, seconded by Wilde. Motion carried (16-aye and 9 nays). Chair Berg-Perry held further discussion on the amendment to three months. A question arose on the board "micro- managing" the director's duty to determine the appropriate levels of staffing and service. A motion was made by Ueland, to postpone the decision on "Admunistration Cost RExluction" # 1 to the February 2004 regular board meeting far the purposes to leave the assistant library dtrector position vacant upon retirement of incumbent (planned for Tune 30, 2p04) with reassessment at six and twelve months, seconded Silvernale. Motion failed (4-ayes and 21-nays). Chair Baker returned to the amendment of three months. Then Baka returned to the original motion as amended. Committee Chav Baker moved to the Policy Committee where draft proposed policies was presented and considered. A motion was made by G. Johnson to adopt Policy No. 5200, "Interlibrary Loan," seconded by Clouse. Motion carried. A motion was made by Hale to refer policy No. B-200, "Staff Representation on Board committees" to the Policy Committee for further reconsideration (further discussion lead to concerns over the policy being to narrow and clarification on eligibility for voting), seconded by Berg-Perry. Motion carried. Chair Baker moved on to Dld Business and New Business. There being none, moved on. Director Houlahan's Report of the Airector. Dvectnr Houlahan and Assistant Director Mattson reviewed `'Services to Persons with Physical Disabilities" and related MARDAG Grant(s) along with the upcoming "Library Outreach to Latino Workshop:' Chair Baker went to Other Business. None. Chair FSaker asked the board if there was any further business. There being none, reminded the board that the next meeting would be held 71tursday, December 18, 2003 at 7:30 p.m.and [hen requested adjournment. A motion"was made by Hale to Adjourn at 9:50 p.m. seconded by Clouse. Motion carried. Garrison Hale Secretary J C~ L J PIONEERLAND LIBRARY SYSTEM BOARD MEETING November 2D, 2D03 Number of signatories with appointed representatives: 26 Quorum of signatories: lA Signatories present: 22 Present Alvin Maas Jack Johnson Jeffrey Lopez Diane Beck Ivey Vvnderharr Stacey Schuette Amy Wilde Joan Reckdahl Paul Setzepfandt John Baker Gary Jvhnson Herb Rotunda Neva Kamrath Vern Silvernale Lowel] Ueland Art Abel Julie jury Sarah Groves-Speece Herman Hannemann lack Sandberg Lowell IIroberg Garrison Hale AI Clouse Jim Schueller Ramona Berg-Perry Eric Weiberg Daniel Reigstad Absent Dean Shuck" Barb Borth" Stacy Grothem" Grant Knutson Allen Gislason* Dr. Les Potas" Karen Roker* Pam Dille" James Larson Mary Huesing* Big Stone County Chippewa County Chippewa County Kandiyohi County Lac qui Pane County McLeod Counry Meeker County Meeker County Renville County Swift Ccuny Yellow Medicine County Appleton Canby Dawson Glencoe Graceville Granite Falls Hector Hutchinson Hutchinson Kerkhvven Madison Olivia Renville Willmar Willmar Willmar Kandiyohi County Kandiyahi County Kandiyahi County McLeod County Yellow Medicine County Benson Bird C51and Litchfield prtonville Willmar "excused absence 03-Jan Feb-03 Mar-03 03-Apr May-03 Jun-03 Ju!-~3 03-Aug 03-Sep 03-Oct Nov-03 MAAS P P E E P P E p P P P J. JOHNSON E A A E A P E E P A P LOPEZ E P P P P P P P p P P SHUCK A P E E P E P A A P E BECK E E P E P P P P E p p BORTH P A E E E E A A E A E GROTHEM P P P E P E P P P E VONDERHARR P P E P P E P P P P P SCHUETTE p P P P P E P E E P P KNUTSON E P A A A P P P A A A WILDE P E E P P P P P P P P RECKDAHL P P P P P F P P P P P SETZEPFANDT E P P A P p P P P P P BAKER P P P P P P P P P P P G. JOHNSON P P p p p E p p p p ;P GkSLASON P P E P E P P P E A E ROTUNDA P P P P P P E P E E P POTAS E A E E P A E P p E E ROKER P E P E A E E f; p E E iCAMRATH P P P P P P E p P P P SILVERNALE P E q p p p p P p p P UELAND E E P P P P P E P E P ABEL P A P P E E A E A P P JURY P P E P E P P P P P P GROVES-SPEECE P P P P P P P E A P P HANNEMANN E P P P P P P P E P P SANDBERG P P P E P E E E P P P BROBERG E P P E P A P P P P p DILLE P P E P P P P E P P E HALE P P P P P P P P P E P CLOUSE P P P P P P P P P E F CARSON A A A ; A A A SCHUELLER P P E E P E P P ' P E P BERG-PERRY P p P E P P E P P P P HUESING P P E E P P P P p P E WEIBERG P E P , P P P A ~ E P P . P _ - - REIGSTAD P P P P P p p p p p p i i i HEITCHiNSOTf AREA HEALTH CARE Comparative Saiance Sheet As of Afavamber 30, 2003 N A f~3E~7$ Current Assets 1 Cash andimestmerrts-Operations 2 Cash and irrveslmenLS-Self-Insuretl 3 Subtotal cash 8 investments 4 PatianF/Residen! receivables 5 AJlmvances for bad debts fi Advances and mnlractual allowances 7 Net patientlresldeM and IhiM-party 8 payor racelvables 9 10 Otherreceivabies-ne[ 14 tnvenfaries 12 Prepaid expenses [A} [s} lA1-I61 t4OV OC7 NOV Chsnpe 2003 2803 2002 CY vs PY ~2116l2003 -. 2:14 PM Final NOV OC7 NOV Charge 2003 2{103 2002 CY vs PY !ABILITIES AHD FIJNO BA '^r= c LLment Llabililies Cunen! maWritles of Lang lean debt 51,086,962 51,095,992 5813,048 275,914 AccwMS payable-trade 7,833,326 2,010,247 1,687,229 146,087 Estimated contractual 9B~ert~n~'^et 2,035,193 1,974,754 2,050,468 !15,2751 Aovuod menses - Salarles 1,036,630 883,648 1,265,086 [228,456] PTe 1,369,140 1,365,047 1,266,031 103,709 interest 330,945 235,550 212,044 418 901 SeN•Insured progrems 541,561 542,561 586,{88 , {45,097} Orher 159,216 92,123 153,019 6 197 0e[eved IlaLlfBea 157,664 755,777 165,953 , {8.289) ~e°ed rsv~~ 5,646 11,292 5,481 465 58,558,283 56,366,391 58,205,017 353 Zfi6 522.256,056 522.253,639 513,482,327 8 793 735 527,146,342 527,118,222 323,492,880 3653462 . 557,960,681 $57736.252 545,160,218 12,800,463 n W ~. A 59,694,896 510,498,620 510,200,467 (505,571} 1,359.118 1,266,422 519 611 838 508 511,954,015 E1 1,785,042 510,720,076 333,937 18,382,078 16,382,741 ]5,465,009 2,897,069 (4,950,225} {4,687,411) (4,297,269} (652,956] {4,742187] {5072011) {4326038) [414149} 56,66$666 58,429,295 58,839,702 1,829,964 350.233 329,481 255,091 95,142 717,058 710,006 884,378 25,880 264,343 290491 305612 [41489} 73 Total CUrreni Assets 521,049,355 521,544,375 518805061 2244254 14 Bperd ]3esionalw+r:, n,1 Oeoreaa[ionl shrienls 51{,736,240 571,130,736 583%777 4751463 15 lnveslmaM In Joint Ve z {Kant Assets 16 Land 17 Buildings 18 Acwmulated depreria6on 19 Buildings Tess depredation 20 Equipment 21 Accumulated depreclalion 12 Equipment less depreclalion 23 Cashsons[nrdion 8 equipment 24 Canstrugiwr In progress 25 Folal Plant Assets Other Assets 26 Oefemedflnandng outs 2T 7a[aE Funds 5378,068 5345,777 584171 313887 51,019,788 51,019,788 31,U 19,788 0 Total Cunerrt Llabllilies 27,320,884 27,237,588 26,280,922 1,039,762 {12,430,970} 112,342,788} {1 1359 345} (S 077 8251 Lonw[enn flebt (less 1 314,889,714 514,894,798 574,921,577 {3{,863) maludliesl 15,880,054 15,680,247 {5,111,298 566,758 (11,943,473] {1{,842,9221 (17,374,576] {566 897) 33,736,581 53,877,325 53,136,722 {141) 0 9 0 0 5 648 352 4,879 735 856 621 5 494 731 325,294,435 524,611,646 518,834,788 5.459727 Fund balance 5102,823 5103,778 577,501 31 122 557,860,681 557,738252 545,180,218 72800463 Total Funds FINSTMN7.xJs Pam Larsen s • ~z~~ Fnal Hl17CHIN80N AREA HFISLTH CARE SlatemeM o1 Reveruee and Elyeraes Monty and Perlod Ended Novembly 30, 2003 Revenue Irt pafien[ rerenue Out pa[iertt revenue Resident Revenue Total pa[ienVresdec[ revenue C7ismunls Governmental 8 Policy Oiscoun[ Free Care Total deduCion from revenue Net patienVresiderrt rerenue 01her operaTetg revenues Net oparatmg revenue Expanses Salaries Employee BeneUfs Processional and Aledital Fees UaOties, 6iVU>s Conhacls & Repairs Foaq Drugs & Suppllas Other expense Minnescla Care Bad debt I nferest ~epreoiation Total experu5es Excess a! net aperatirg revenue over (under} ope2ling esperlses Nonooeralno Revenye~s investment income ONar nonaper48ng revenue jnefj Plaza 15 Income! (Loss] Total nonoperating revenue Net Income CURRENT MONTH Over IVnder} Brrtllret _ AcLral Budoe[ Clotlars percerd 5$333,980 32,911,463 [5577,463] -19.8% 3,468,212 3,974,887 (506,475] -127% 585,117 487,298 98,419 292% 56,387,909 57,373,448 ($985,5,39} -13.4% 2,924,454 3,346,995 [422,541} •t2.8% 0 4186 {4186] -7000% 32,924.454 53.35f 151 (3428 1071 •127% 53,463.455 54,022,287 [8556,832] -13.9% 60,933 47239 13 694 29 0% 53,524,388 54,069526 !55451381 •134% 31,766,434 31,755,132 511,302 a-6% 325,302 938,699 [113.397} -25.6% 419,320 502,479 (63,159} -16.5% 148,026 142,059 5,989 4.2% 416,814 50.5,504 {86,690} -17.5% 142,184 130,549 11,635 8,9% 27,302 37,303 {10,007} -26.8% 60.636 98,690 [20.054) -29.4% 53,880 47,131 6,729 14.3% __ 155,571 167737 [t21667 .73% 53,524,451 $3825283 !5300 832] -7 9% (5637 5244243 [52443051 -10009E 814,545 522,500 {$7,955} 35.4% 7,296 1,585 (289} -3.8% 8,341 8,961 280 35% 530,182 $38,146 {57,964] -209% ~30,t99 5262,389 {5252270] 5.9.3% YEAR~TD-GATE Over {Under) Budg e[ Actual Sudgel Dollars Percent $28,150,353 S30.t1d,197 [$1,363,844] ~S% 36,406,124 42,030,788 {3,824,664] 5-S% 5,332,712 5,467,937 924,775 16.9% 373,549,789 $77,612,922 (34,063,733} +5.2% 33,391,028 35,551,618 (2,189,588) 41.1% 1.227 45,833 !446061 A7.3% 533 392,255 535 597449 (32205 1841 5245 Sd0.158,934 $42,015,473 ($1,856,539] ~.4% 783.156 187,641 315,515 67.5% 540.940,090 $42483114 [$75430247 38% $18,627,955 $18,569,897 558,058 0.3% 3,977,670 4,736,540 {758,670} -16.0% 5,120,326 5,192,167 {11,839} -1.4% 1,755,797 1,866,257 85,544 5.1% 5,105,378 5,770,434 {65,056} -t.3% F,503,OB7 9,429,832 73,255 5-1 389.144 410,326 [21,182} 52% 586,256 1,085,585 (499.329] X6.0% 40.5,700 489214 (23814] 5.0% _ 1.624,537 1738118 {1 115811 54% 539,131.852 $40466,370 1$1336518] 33% YEAR-TO-0ATE 5 6 7 8 9 i0 11 12 t3 14 15 16 77 7B 19 20 21 22 23 24 25 26 27 VR121ANCE % November 2002 2093 vs 2(x12 $23,858,710 20.5% 36,789,654 4.4% 5.689,497 12.4% 366,337,881 10.9% 28,819,776 75.9% 10,581 -SB.4% 528,830,357 f5.8% 537,507.504 7.1 °!.. 2511,285 212.9% 537,757,769 8.4% 517,158,269 8.6% 4,124,469 3.6% 4 414,888 16.0% 1.586,689 10.4% 4,449,440 14.7% 9,206,526 16.6% 3es,344 1-o-% 938.863 37-fi% 434,180 2.7% F,718.416 5.4% 536,415,004 7.5% 51,8(78238 52076744 152085081 -103% 31,342.765 34.7% $183,302 (247,500 {564,198} -25.9% 5250,04F -26.7% 97,236 78,365 17,851 225% 8,444 1051.5% _ 87,453 88654 {21207} -239% 164,66E 59.(7% 5347,991 5415539 1887548} -183% 3423,153 -17-6% _ 32,156,229 52,432,283 15276,054] -11 3% $1,785,918 22.1 28 29 Patient days Resident days 753 1,041 {278] -26.7% 9,361 30,222 [S61j B.4% 8,805 69% 30 Percent occupanry-budget hails-HOSpilai 3,446 42 4% 3,269 57 8% 179 1 5.5% 38,004 37,Dd0 964 2.6% 37,661 0.9% 31 Percent occupancy-budge! beds -Nursing Home . 93A% . 88 6% - 5.4% 4 9% -26.7% 5 5% 48]% 51-0% ~4.3% -8,4% 43.9% 6.3% 32 FTE's 455 6 . 453 8 . . 52.5% 992% 2.3% 2.6% 91.7% 0.9% 33 Admissnns [adjusted) - F[aspital only . 536 . 661 5.8 (125} 1.3% -18 9% 451.1 b53.8 -27 -0.6% 435.f 3.7% 34 F~erttes {net) peradntission [adjusladJ. Hasp~E only 5 416 4 899 516 . 5,943 6,686 (743} -71.1% 6,172 -3.7 35 Revenue per admission (a,ijus[ed] -Hospital only , 10 758 , 10 361 395 10.5% 5,412 5,091 321 fi.3% 4,876 50.9% 36 Ne[Revenue peradmisslon {atlyusted}-HOSpW only , 153 5 , 5 331 122 3.8% 2 3%~ F1244 10,124 519 4.8% 9,762 15.2% 37 Oisccun[s as a percent al revenues , 45 8% , 45 4% . 5,168 5,496 322 5.9% 5,154 11.9% 38 FTE's per 100 admissions {adjusted} -Hospital only . 5 1 . 42 0.3% 0.7% 45.4% ~ 45.9% -0.5% -1,0% 43.5% d.5% 39 Gays in Net Axourrts Receivable . 0.9 22.3% 5.0 4.5 0,5 10.2% 4.6 8.8% 70.4 55.5 14.9 26.8% 61.3 14,8% FINSTMNT,~ds Pam Larson RESOI.U'fION NO. 12333 CITY OF HUTCHINSON Rl~:SOL[TT'iON FO.K PURCIIASE 'fhe IIutchiuson City Council authorizes the purchase of the following; ITEM 1 S9,U00 Poly Bags COST $29,415 PURPOSE Bags for compost bins DFYT. Rcfuse 5600 "l'oolcal $2$,926 Replaccment Central 3 Pord Ranger Pickup $37,359 Replacement Garagc Central Garage .~ ~_ ._~ The following iteans were authorized due to an emergency need: .rte Approved: _ Motion Made By: Seconded By:_ BUDGF,T V.F.NDOR Yes _ Dcseo Industrial Supplies Ycs Farm Ritc Equipmcnt Yes Farm Rite Equipment ITEM COST PURPOS.F, DEPT. BUDGF.'1' VENDOR Resolution submitted for Council action by: 5(h)1 C7 CITY OF HUTCHINSON RESOLUTION NO. 1 27't2 RESOLUTION AMDENDING THE GENERAL FUND BUDGET FOR FISCAL YE=AR 2003 RESOLUTION 12087 8E IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA; THAT the annual General Fund budget adopted by the City of Hutchinson for the fiscal year 2003, by City of Hutchinson Resolution 12087 is hereby amended as follows: GENERAL FUND REVENUES AVAILABLE CURRENT REVENUE Taxes License Permits Inter-Governmental Revenue Charges for Services Fines Interest Collections for Other Agencies Transfers from Other Funds Refunds & Reimbursements Fund Balance TOTAL AVAILABLE REQUIREMENT APPROPRIATIONS Personal5ervices Supplies Consulting Qther Services & Charges Principal and Interest Transfers Miscellaneous Capital Outlay TOTAL APPROPRIATIONS Adopted by the City Council this 10th day of January 2004 ATTEST: Gary D. Plotz City Administrator Original Adopted Amended $2,973,032 $2,973,032 38,700 38,700 191, 000 191,000 3;062,375 2,343,963 1352609 1,369,599 68,000 68,000 32,000 32,000 0 D 1,405,000 1,405,000 315,138 315,138 0 187,666 9,437,854 8,924,098 cG o~-?~'-~1T $5,650,958 446;64 419,539 2 265,794 X4288 1, 538,638 4049 161, 049 53rX45 51fi,745 ;?'~-,;~T 125,971 yea nvo 80,175 8,758,769 Marlin Torgerson Mayor 5(h)2) ~. J M E M Q R A N D U M • ~~ TQ: 11~1ayor Torgerson and Gity Council Members k'ROM: Gary Plotz, City Administrator DATE: January 13, 2004 SUBJECT: Visionary Workshop The directors have suggested that we have our annual Visionary Workshop prior to the planning commission's joint meeting/tour on January 28, 2004, specifically to have the workshop from 10:00 a.m. to 3:15 p.nx. Our intent will be to bring an outside facilitator in to assist us in the Visionary planning process. We will provide you with materials and agenda from the previous years workshop in advance of the meeting. 5 (c) ~~ M E M O R A N D U M TO: Mayor Torgerson and City Council Members FROM: Marc A. Sebora, City Attorney DATE: January 13, 2004 SUBJECT: Housing lesources Agency Appointtttent Attached is the reply from the League of Minnesota Cities regarding the possible conflict of interest regarding appointing Pat Spethtnan to the Housing Resources Agency They conclude there would be no conflict of interest if Pat Spethman were to be appointed to the F3RA. ~J 8 (a) JRN-88-294 04 35 LEFGUE OF MN CIT1E8 6512811296 P.81 • L(1~C Lonpwc of Ml.~m~eafn 1Gefve r.,t~.b ~Nm01in~ JgVf/JpN league of Minnesota Cltles 145 Unlvers~ty Avenue West, St. Paul, MN 55103-2044 (651) 281~120D • (B00) 925-1122 TPA: (551) 281.1290 www.lmnc,or~ Fax Transmittal No. o- ~ , intluding cover sheet Pages: Hate: January 8, 2004 a`o: Marc webora Fast. 320.234.66AE y~yQ Frorn: Jeanette Behr Phone: 80D.925.1122 Re: Conflict of Interest 1 Incompatible offices. • Comments: Hello Marc, You asked iF a city employee, specifically the municipal gas and electrfe utilities manager can also serve as a member of lne HRA board. Although the answer may be different upon a close reading of the Hutchinson City Charter, it is not apparent to me that holding these two positions is a conflict nor are the two offices incompatible. Official conflict of inter©s • As you know, a public official cannot have a personal financial interest in a sale, lease or contract they are authorized to make in their official capacity. Such a personal Financial interest is considered an "official conflict of interest " In the situation you describe, there does not appear to be any personal financial interests at stake, in other words, the municipal utilities manager could not gain a personal financial benefit from serving on the HRA tsvard. Incomoatihla offices Incompatible offices, or positions, must be examined using the Following factors set out by the Supreme Court: 1) If the holder of one position (or the group or board of which the person is a member): Mires or appoints the other. Sets the salary for the other. Performs functions that era inconsistent with the other. Makes contracts with the other. Approves the official or fidelity bond of the other. 2) If a specific statute or charter provision: States that one person may not hold two or more speck positions. . Requires that the officer may not take another position. NOT[ 70 PAX OPERATOR please deliver (his Idz N thct a6we addressee. If you did not reeewe all of the pages in goad rondlbon, please advise fhe sendef at your earliest Convenience. AM [Qu AL or ~p Rip Nn T/gFFIRMATIVE ACTION EMPLaY[R JAN-08~-2004 04~3f, LERGLIE OF r1N CITIES 6512811296 P.02 January 8, 2004 . Requires that the officF;r devote full-time to the position 3) If one of the positions Is in the Federal service (except for postal employees). Exists because of a contract made by the group or beard of which the officer is a member, Is in a government unit which has interest and purposes that conflict with those of the group to which the other position belongs. Has duties that Conflict with those of the ether. As fo the first set of factors, an HRA board member would not be involved in selling the salary or supervising a utility manager, nor would the H1RA approve the bond of the utility manager- The HfZ,4 would probably not be contracting with the utilities above and beyond the provision of utility services. Whether provision of utility services to properties owned by the HFtA (if any) is a contract that renders these two positions incompatible may be arguable but such a contract still does not result in a personal financial benefit to the utility manager. The second set of factors does not raise concern for the situation you describe. There is no statute or charter provision that prohibits holding these two position simultaneously (although that contusion is based on a very cursory reading pf the Hutchinson City Charter in our f les.) Only one feeler in the third set raises a question: Is the HRA a gdvemmental unit which has interest and purposes That conflict with those of the municipal utilty? It seems unlikely that these two branches of the city could have conflicting interests and purposes ~n a broad sense, The utility is geared to providing services to residents and to protect the utilities infrastructure and economic well-being. The HRA is set up to improve and • expand buildings and housing in the community. These do not appear to work at crass purposes. Yvu asked about a potential problem where the utility manager might know a person has delinquent utility hills and that same individual approaches the HfZ4 for some sort of assistance, This is probably better described as an issue of bias, not cpnflict, since official wnflict of interest is limited to a personal financial gain in a contractual agreement. Public officials make decisions For many reasons, some stated and some that are not openly described. It may not be improper to make a decision as an HRA board member based on information gained through employment as the utility manager, however, the person could recuse himself in such a situation, to avoid any untoward appearances. Of course other situations could arise that would require additional examination but on the face of il, it does not appear that these two positions raise a contractual conflict of interest problem nor are they incompatible. See else, page from the House Research I]epartment Compatibility of Offices on Municipal Employee and Municipal P.u,C. Employee. I hope this is helpful -thanks for calling the League. NOTICO. The League of Minnesota Cities provides this material for general informational purposes. It is not intended to proutde legal advice and should not be used as a sub5ptute for Competent legal guidance. Consult your attorney (or advice concerning specific situations • Page 2 SRN-BB-2 004 04:36 LERGUE OF MN CITIES 6512811796 P, 03 ~'' C ompmibiliryofpffices ~, - ~, Office ar Position Compatible • Paired With Incompatible Source Municipal Clerk ~ (C) A.G. Opin. 358e-7, 2-15-67 County Assessor (C) ... A.G. Opin. 358a-1, ] 1-24-22 County Attorney .... _ .. . - . (C) A.G. Opin. 356c-6,9.15-44 Court Commissioner (C) A.G.Opin.356c-2, 11.20-52 VillageAssessar ~ (C) A.G. Opin. 358x3, 1-b-42 .. ~ City Ofticer (1) A.G. Dpin. 358e-6, 2.19-47 Town Supervisor Municipal 13mployee - (I) C A.G. Opin. 1926 Rep N216 358c-1, 2.9-59 Opin G A City Treasurer 1 ( (I) . . . A.G. Opin. 1916, No. 379 City Assesso School Board Member or Clerk (1) A.G. Opin. 358'1:, 11-24-47; 358F,12-27-37 - (1) A.G. Opin. 358E-7, 2-197 Town Supervisor (C) A.G. Opin. 358E., 2-14-Z1 Town Clerk (C) A.G. Opin. 1920, Ne. 649 School Superintendent Court Administramr (formerly district court clerk) (C) A.G. Opin. 356-A, 12-17-46 Municipal-.Empltaye~ :'.~' (C) A.G. Opin. 356a-1, 11-24-22 • County Attorney (C) A.G. Opin. 358a-3, 1-30.59 County Cotnttrissioner . ...~ ' . •.. ~~...~_n..r__Ll:.:>7.fY".17k-0nn ~%„iitmrniCClOri'b:T 1:. .. ` ' - - (C) A.G. Opin. 358a-1, 9-7-17 . . ..... .. . County Attorney - _ (C) A.G. Opin. 358a-3, 4-25-67 County Commissioner (1) A,G. Opin. 356G, 3-9-44/9-30-54 legislator . (C)° Minn. Star. § 412.341 Municipal Council Member 1±rlunicpal•P~U.C~:Employee . (C) A.G. Opin.358a-3, 1-30-59 County Commissioner. - (C) A,G. Opin. 358r.-1, 8-7.2-57 Mayor Murucy ' .. .._ '1':. County Assessor (C) A.G. Opin. 358a, 8-21-58 Coupty Commissioner (C) A.G. Opin- 193b Rep. #262 Village Assessor - • - (C) A.G. Opin, 358e-2, 12-11-44 Town Supervisor Q) A.G.Opin.3S8e-6, 3-18-38 (C) A.G. Opin. 358, 10-28-53 Village Public lltilieics Commissioner • 'Only one member of the P.CJ.C. created by a statutory city may be a city council member. C~ Memo To: Mayor and City Council Members From: Lisa McClure, Interim Director CC: Julie Wischnack, Director of planning, Zoning, & Building Miles & Linda McMonagle, Property Owners Da4e: 1 /9/20D4 Re: Conditional Use Permit Application-StateTheater The Downtown Physical Appearance Committee (Design Review Committee] met on January 9, 2004 to discuss the Conditional Use Permi[ applied for by Miles and Linda McMonagle. The applicant has requested a Conditional Use Permit to restore the marquee, canopy and tower on the State Theater. Because the application includes a proposal for the sign that does not comply with the zoning ordinance, the Downtown Design Review committee must . meet to make a recommendation (per City Attorney Marc Sebora's direction). The McMonagle's intent is to restore the sign, including lighting, to make it historically accurate. To do so, the sign will have chasing lights. The committee reviewed historical pictures of the theater and the current plans for the sign and tower. The committee agreed that it is important for this building and for downtown to make the restoration of the theater as historically correct as possible. It is the committee's understanding that the lights will only be on during the hours the theater is in operation. The committee voted unanimously to recommend approval of this application based on the following: allow chasing litthts on two areas of the sign and tower. Dn the bpttom of the marquee. 2. The McMOnagles may choose between chasing lights on the box around the movie titles or traveling up to the globe on tpp of the tower, as long as the lights are chasing and are historically accurate. Historic Hutchinson also wrote a letter to the Design Review Committee in support of the State Theater application. A copy of that letter is attached as well as the findings of tact and recommendations made by the Planning Commission. r 1 • Page 1 $ fib) ?fe¢tauc ~fuulstHCn« 44h Main Streel S. Hutchinson, MN 55350 (320) 234-6034 www.hisrorichutchinson. org Ianuary 6, 2004 Hutchinson, Minnesota Sign Review Cotntnittee c/o City of Hutchinson 111Hassan Street SE Hutchinson, MN 5535D RE: State Theatre, Washington Avenue Dear Sign Review Conmtittee: We understand that the McMonagle's have requested permission to restore the State 3 Theatre Marquis and tower to its original condition. This letter is to let you know that Historic Hutchinson supports the restoration efforts of the storefront of the State 3 Theatre. It is our understanding that the restored mar- quis will not meet certain criteria under current zoning and sign regulations, however we would en- courage the approval of this project In the interest of Historic preservation and restoration. We can all agree that the State Theatre building is truly a downtown Hutchinson landmark. I[ is our opinion that chasing lights and a tall tower should be acceptable on that building. fvr considering our opinion in this matter. / . ~/ /~' s uric Hutchinson Dennis Heckes, President 446 Main Street South Hutchinson, MN 55350 ~.. ~~ r~ o~ 7a ~eataze. ta /vu'ae~ae and to J~aatect t&e PiNGrg ~Catavf and atrxcGwzaL liatazy and ¢yylrseY ab ~e'~Fatckinaae aura a+rd to akaaacaae Marc aaacta nev amd ~ t&c ~{cttrrna. Hutchinson Cit Center t DATE: TO: FROM: SUBJECT: Hutchinson Ciry Council MEMORANnUM Hutchinson Planning Commission 111 Haasan Street SE Hutchlnsan, MN 55350.2522 320.587.5151/Faa 320.2344240 CONSIDERATION OP CpNDI'I'IONAL USE PERMIT REQUESTED EY MH.ES AND LINDA MCMONAGLE, PROPER'I"Y OWNERS, TO ALLOW RESTORATION OP THE MARQUEE, CANpPX AND TOWER (WHICH IS LOCATED ABOVE THE ROOF LINE) LOCATEA AT THE STATE THEATER, 35 WASHINGTON AVE. E. Pursuant to Sections 10.14 and 6.07 of Toning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforexne~iened request for a conditional use pernrit. HISTORY The applicant is requesting a Conditional Use Permit to allow him to restore the xrtarquee, canopy and tower (which is located above the roof line). The City Code requires that any projection beyond the roof line of a building in the C3 district requires special consideration through the conditional use process. There are pictures attached which provide the historical context for what the owner is wishing to replicate. The marquee projects over the right of way as well. Section 10.14 describes a sign can be over the right of way if the sign is at least 8 feet above grade. FINDINGS OF FACT 1. The required application and fee were submitted. 2. Notices were mailed to the surrounding property owners as well as published in the Flutchinson Leader on December 4, 2003. 3. There were no neighboring property owners present objecting to the request. 4. This sign issue is definitely unique in that this is the only example of a full `4narquee" sign in the downtown. A marquee is defined as a "pertnanent canopy often of metal and glass projecting over an entrance (as of a hotel or theater)". The code has envisioned the situation where there would be signage over the right ofway and cases where the signs would extend beyond the roof line. in this case the sign structure would extend 6 feet beyond the highest point of the fagade. The sign/rrtarquee in total would be 22 feet, 10 inches. The structure is 13 feet above the sidewalk grade. The Planning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions: 1. Any encroachment into the right ofway at grade level must be reviewed through the frarlchise. process. 2. The marquee and design of the signage must follow the drawings submitted with the application dated 11/17/03. 3. The projection shall be reviewed for building code compliance to ensure safety of the structure. 4. There are to be no flashing lights on the building or marquee. espectfully submitted, Dean Kirchofl; Chaiznaan Hutchinson Plann~ng Commission ~: Miles and Linda McMonaglc, 14850 Stone Road, Wayzata MN 55391 wnmed on rccydn,l pppcr - December 17, 2003 RESOLUTION NO. 12312 RESOLUTIpN APPROVING A CONDITIONAL USE PERMIT REQUESTED BY MILES AND LINDA. 1VICMONAGLE, PROPERTY OWNERS, TO ALLOW RESTORATION OF THE MARQUEE, CANOPY AND TOWER LOCATED ABOVE THE ROOF LINE ON THE STATE THEATER, 35, WASHINGTON AVE EAST BE IT RESOLVED BX THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS The applicant is requesting a Conditiona]Use Permit to allow him to restore the marquee, canopy and tower (which is located above the roof Ime). The City Code requires that any projection beyond the roof line of a building in the C3 district requires special consideration through the conditional use process. There aze pictures attached which provide the historical context for what the owner is wishing to replicate. The marquee projects over the right of way as well. Section 10.14 describes a sign can be over the right of way if the sign is at least $ feet above grade. LEGAL DESCRIPTION: The West 88 feet of Lots 4 and 5 and the South 20 feet ofthe West 55 feet of Lot 3, North Half City ^' " l . The City Council has considered the recommendation of the Plamvng Cornnrission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lauds, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 2. The Council has determined that the proposed use is in harmony with the genera] purpose and intent of the Zoning Ordinance and the Comprehensive Plan, rf the conditions, as outlined below are met. The City Council hereby approves the conditional use permit with the fallowing conditions: 1. Any encroachment into the right of way at grade level must be reviewed through the franchise process. 2. The marquee and design of the signage must follow the drawings submitted with the application dated 11/17/03. 3. The projection shall be reviewed for building code cornpliance to ensure safety of the structure. 4. Chase lighting will be allowed on two areas of the sign and tower: A. the bottom of the marquee and: B. the McMonagles may choose between chasing lights on the box azcund the movie titles or traveling up to the globe on top ofthe tower, as long as the lights are historically accurate. Adopted by the City Council this 13a' day of 7anuary, 2004. ATTEST: Gary A. Plotz City Administrator Marlin D. Torgerson Mayor ~. . (3rclt~a~t~~e N~. 0~..;~(~~ i'nf~~~r~t~un k'~v. 7~4 +~3}~~'1IN.?~,~iC~+ S~. 1"["IF~'C, C.°~-~~~~~G~~~~`~TT~T1~~{,ryryP. ~Z~7~~ 11.]T'~y~.~+iyF7~wV^~~+~.y~~g Gai-1if~`A~" ~`C)I-~aL~+1:."~'.CC`)N, A.i"+d.17 L~u'.~~kJlYlw'A ~~~~~l.l ~~~f~ 4.:1 lkL~Il „L ~. 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Hutchinson Cit Center 111 H~ggnn Street yF, Hutchinson, MN 55350-2522 ,92U•5g7.5151/Fnx 320-2-94.4240 TO: Mayor and City Council k')E2OM: John J'- Rodeberg, Director ofEngineering/Public Works RF.: Consideration of Revisions to Ordinance Regarding Seasoaal Discharge of Sump Pumps DATE: January 8, 2004 I~Itcr reviewing the current Ordinance and requirements related to Wastewater Treatment regulations, operations and grants, it appears that it is not an easy matter to revise the Ordinanoe to allow seasonal connections, as we have proposed- Roth. the Ordinance and state/federal regulations do not allow for the discharge of clean/unpolluted waters into the sanitary sewer system. We are therefore proposing to implement a process this season to revicw individual situations on a "health and safety" basis and revicw potential Ordinance revisions for next scason. This would allow us to focus on inrlnediate sihlations in which the property owner has no feasible option without substantial risk to public safety (ice) oz health (sewer backups). City Engineering staff would revicw situation on an individual basis for the remainder of this scason. We recommend that the Council allow the Engineering stafl'to make exceptions to the policy based on health and safety concerns. Marc Sebora and 1 will continue to look for long-term solutions to implement prior to next seasnn- 9(b) Printed on recydeU Paper - Hutchinson Citv Center llr Ha55an Street tiE Hutchinson, MN 55350.2522 320-587-5157RTax 320.234-4240 '1'O: Mayor and City Cou~acil FROM: 7olm P. Rodeberg, pirectcr of Fngineezing/Public Works RF: Consideration of Purchase of Real Fstate by the City of Hutchinson for Public Purpose DATE: January S, 2004 We request consideration of the plu•chase of portions of the following two properties for public purpose. The descriptions include proposed funding sources, background, appraisal values and recommended purchase price and conditions. Charles Bullcrt PCOperty (North side ofGolf Course,Road,-a,t, School Road) Mr. Bullert's property was required to extend Schaal Road N W from its previous termini at Golf Course Road north to North High Drive (CSAII 12). Mr. Bullcrt graciously signed a "'l'emporiuy Permit To Construct" in 2000 to allow for this construction toproceed- Due to a signi>zcant variation in the original appraisals, communication issues due to travel and a complicated situation regarding the potential value of other effects of the taking, this issue has been unresolved for almost 4 years- APPRAISAL: '17re City originally had an appraisal completed by Robinson Appraisals ofMankato in zono, whi le Mr. I3ullert utilized llokazrson Appraisals oCLitchlield-Our appraisal was $].3,800 while the Hokanson appraisal was $36,400. l3otla appraisals were updated more recently with the City getting atr update to $21,ODD (azt offer was previously appzoveci by the City Council, but not accepted), while a $42,UD0 figure was noted by the attorney for Mr. Bullert. Issues in the appraisal variation dealt with undeveloped vs. developed land values, and di I'ferences regarding the impact on adjacent property. RF.COMMFNDATION: Mr. Bullert's attorney has presented an offer to settle at $27,500 (see attached fetter). While we still believe that this price exceeds our estimate of the property's value, considering the issues noted about, and additional potential city costs of condenmation (appraisals, attorney fees, unknown results), we recommend that the City Council approve the offer as presented. The funding will come out atr acquisition fund established during the turnback of the Ciolf Course Road from the County to the City- Recommended offer: • Accept. the offer of $27.500 • A amdition ofthe offer would include property owner maintenance of the adjacent light of way (currently partially completed by City staff). 9(c) f•rinied on rocycled paper - Erickson &Templin (E&T) Contracting (Texas Avenue extension to new Golf Course Rd) During the platting of property adjacent to this property (Huski Addition), half of the right-ol=way .for the proposed Texas Avenue extension adjacent to this property was platteci..It was proposed to wait to acquire this property until further development occurred. polling Meadows Fast has now been platted that would include Texas Avenue just east ofthis property. hx order to complete the loop 01~ the route, tlxis property must Ue acquired. The property irx question is the north (rear) 3D' ofthe property, which is currently utilized as a contractor yard. We have xnet the Mr. Erickson anti Mr. Templin, and they have indicated a desire to riot develop any property at this time. APPRAISAL: We arc utilizing an appraisal completed by Robinson Appraisals of Mankato for industrial property located just across t-Iighway 7 (k'ora Rolfe, Jr. property between New Dimension Platting and Hutchinson Manufacturing). This appraisal was for $71,000 for 1.1 acres, nr $64,550/acre ($1.5(l/square foot). The property proposed for acquisition is the north 30', and the property is listed at 200.01 in width, for a total acreage of 0.14 (6,000 sf). 'I'bis would result in a value of $9,000. Irr aaaikion, we often pay for the estimated cost for the property owner to complete an appraisal (estimated at $800). We are assuming that the increase in land values since the time of the appraisal is bal.3rtced by the lower value of the rear area of tlxe property versus highway frontage. RLCOMMI;NDATION: The property owner is extremely concerned about additional impositions on the use and expense to the property due to the proposed adj acent residential development. They also are concenxed about the imposition of assessments on the property when there is no immediate benefit for an industrial/commercial use. The funding for this acquisition would he included in the . improvement bond for the project (along with the Rolling Meadows Fast project). Based on these issues, we recommend the following for consideration: • Make offer of $J,800 for the land • Defer assessments (estimated at $35,000 - 40,000) 1'or 10 years, or until the property is developed or sold (whichever occurs first). • Property owner to provide temporary access to allow City to build hirm along right-of=way with plantings to provide visual huFfer to ar~jacent property and eliminate vehicle intrusion. if these recnnrnrenaations are approved, we will work with City Attorney Marc Sehora to complete the appropriate documentation arxd tllings. Thatxk you for your consideration. ~.I --- -.. ~~~r~ ,~ ~~~~~~ '~~ ~~`:~ ,~ t1~~'~'. `.. ~~ : _ -- - -- ~.I _LI._1.1~ ~< ~ __~ _ ~,\,`` ~l 1~-~ ---_ ~~=~ z. ~_ _ _ _- I --~`'SN_ Ay-~`- --- M~.,~aws - 1 ~ A S~f ~ _ J _ __ - f_ _ _. -~~.._ ~~ __ peICIN _ _ - . ~_ ---- ---- -- __ -, [ l f~ ~ I TI ~IGHWA~ __ - m l~ ~! J ~'--`~G`- -1 ~ ~` --- --- ------- -- ,IL.NSEN & GOItUON Al-rORNEYS AT LAW 22 NURTH MAIN Iil1TCHIN5UN, MINNW:50TA 55350 NICIL,I. .11!NSP:N p~nN{•: {.. aouunrv Qctobcr 21, 2003 John P. ltodebcrg, P.E. Director of F..ngineering/Public Works Hutchinson City Center 111 Tiassan Street SF.. Hutchinson, MN 55350-2522 1Ze: Charles )3ullert property (School Aoad extension) Dear John: ~EG~.1VEf~ OCY 2 ~ 2003 C1ty of Hutcn{nsar+ fig. DaQ PHDYF.: 330/SA7-304G BAX~ 320/SR'1-10G1 Thank you for your letter of July I5, 2003 with your offer of $21,000.00 on Chuck )iullert's property. My apologies for taking so long to get back to you but Mr. Bullert has been difficult at times to reach (I believe he defers to both of his sons on decisions regarding this lot purchase). At any rate, he has finally given me some authority to settle but it's beyond what you're offering. The authority is at a level of $27,500.00. 1 would note that the appraisal we had done some time ago by Mr. Hokanson erne in at $36,400.00. Please review this letter and get back to me at your earliest opportunity, Thank you. NJJ/see f\pttif..HlwYWIH\w PUO(.SU!bllen-lO-Zl wpb Yours very truly, RESOLUTION NO. 12335 RESOi.UTiON AUTHORIZING PROFESS1ONAi. AND TECHNICAi. SERVIC.F.S CONTRACT WITII MINNESOTA llEPARTMF.NT OF' TRANSPORTATION (Mn/DOT) TII 7/22 WIIERF,AS, the Minnesota. Department of Transportation (Mn/DOT) has selected Bolton &Menk, Tne. of Mankato, MN for professional and technical services related to inlrastnteture improvements on State highway 7/22 proposed for 2000 and 2007; and WIIF.RF,AS, the Minnesota Department of Tratsportation has assigned this project State Project Number (BP 4302-44); 'Tnntk Highway (TH 22 (and 7)); liar Final llesign Plans for hnprovcmcnts on'I'II 22/7 in Hutchinson; and WHEREAS, the City's Director of Engineering/Public Works has represented the City during the consultant selection process and has determined all processes to be fair and in the best interest ofthe City of Hutchinson; and WIiF,RF,AS, several municipal infrastnreture improvements are proposed in conjunction with this project; and WHEREAS, this contract is hetwecn the Stale ol'Minncsota acting through its . Commissioner of'1'ransportalion (Blatt), the City of Hutchinson, address: Hutchinson City Center, 111 Hassan St SIJ, llutchinsnn, MN _55350-2522 (City) and Bolton &c Menk, Inc., address: 1960 Premier Drive, Mankato, MN 56001-5)00 (Contractor), 13F iT RF,SOLVED SY 1'lIF CiTY COUNCIL OF' THF. CiTY OF HU"I'CHINSON, MINNESOTA: That the Mayor and City Administrator, on behalf of the City of Hutchinson, are authorized to enter into an agreement with the Minnesota Department of Transportation (Mn/DQT) attd Bolton and Menk, hie. for professional and technical services in connection with municipal improvements made as part of the TH 22/7 improvements. Adopted by the Council this 13th day of January, 2004. Marlin Torgcrson, Mayor ATTEST: Gary D. Plotz, City Administrator ` Mn/DOT Conhact No. 85553 CFMS STATE OF MINNESOTA PROFESSIDNAL AND TECHNICAL SERVICES CONTRACT State Protect Number (SP): 4302 - 44 Trunk Highway (TIC: 22 an Project Identification: Final Desi n Plans for Im rovements on TH 22 in Hutchin n This Contract is between the State of Minnesota acting through its Commissioner of Transportation (State), City of Hutchinson, address: Hutchinson City Center, 111 Hassan St $Ey Hutchinson, MN 55350-2522 (City) and Bolton & Menk, Inc., Address: 1960 Premier Drive Mankato MN, 56001-5900 (Contractor). Recitals 1. Under Minnesota Statutes § 15.061, the Comtissioner of Transportation is empowered to engage such assistance as deemed necessary. 2. The State is in need of Final Highway Design Plans and specitcations needed for letting of State Project 4302-44. 3. TLe Contractor represents that it is duly qualified and agrees to perform all services described in this contract to the satisfaction of the State. Contract Special Terms Article I Term of Contract: . 1.1 Effective date: The date that all required signatures are obtained by the State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2. 1.2 Expiration date: October 1°`, 2005, or until all obligations have been approved, which ever occurs first. 1.3 Survival teens: The following clauses survive the expiration or termination of this contract: 11. Governing Law, jurisdiction, and Venue; 22. Audits and Inspections; 23. Government Data Practices and Intellectual Property; 24. Liability; 29. Publicity and Endorsement; and 36. Data Aisclosure. 1.4 Exhibits: Exhibits A through D are attached and incorporated into this Contract. Article 2 Scope of Work: 2.1 The services to be provided For under this Contract by We Contractor are: Provide the State with the final design plans and specifications required to meet the scheduled letting date of November I8u, 2005 for the highway improvements on (TH) 22 /7 and 15 in Hutchinson. Resign plan work includes road plans, hydraulics plan, municipal utility design, signal and lighting design, building removal, utility coordination, municipal coordination, and coordination with State's bridge, foundations, and railroad offices. See Exhibit A for additional information. (rev 07/03) CSS 1 of 18 Mu/DOT Contract No. 85553 2.2 Deliverables are defined as the work product created or supplied by the Contractor pursuant to the terms of this Contract- T'he brief summary of the deliverables of this Contract are es follows: Items (bate Duel Project Management Monthly status and progress reports (throughout project) Invoices, and copies, to the State and City (throughout project) Meeting minutes (as needed) Project schedules and progress updates (throughout project) Copies of critical corespondence and project issue data (throughout project) Utility Coordination Preliminary utility identification letters (throughout project) Supplemental Surveying (as needed) Final Design Plans Initial Design - 30% Complete (Apri130, 2004) Intermediate Desigo - 60% Completo (November 19, 2004) Final Desiga - 90°!° Complete (March 25, 2005) Corrected Final Design - 95% Complete (May 28, 2005) Final Design - 100% Complete (August 1, 2005) Hydraulics Design Sanitary Sewer, Water, and Storm Sewer Infrastructure Design (I-Iydraulic, Sanitary Sewer, Water and Storm Sewer will follow Final Design schedule) Public Information Public Information open house tweeting . (approximately September 2004) Public Information Web documents (beginning with Initial Design) See Exhibit A, Section 9.0 for the details on the deliverables to be provided by the Contractor. 2.3 The State's Project Manager has the authority to update and adjust ail project schedules when necessary at progress meetings within the teens of the Contrast. Artiele 3 Items Provided and Completed by the State: 3.1 After authorizing the Contractor to begin work, the State will famish any data or material in it's possession relating to the project that may be pf use [o the Contractor in performing the work. 3.2 All such data famished to the Contractor, will remain the property of the State and will be promptly returned upon the State's request or upon the expiration or termination of this contract. 3.3 The Contractor will analyze all such data furnished by the State. If the Contractor finds any such data to be incorrect or incomplete, the Contractor will bring the facts to the attention of the State before proceeding with the part of the project affected. The State will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for famishing corrected data. Delay in famishing data will not be considered justification for an adjustment in compensation. 3.4 See Exhibit A for a detailed listing of responsibilities to be completed by the State. . (rev D7/09) C55 2 of 18 Mn/DOT Contract Na. 85553 Article 4 Consideration of Payment: 4.1 The Contractor will be paid on a Cost Plus Fixed Fee (ptrofit) basis as follows: 1. Labor: $ 202,438.00 2. Overhead: $ 318,030,10 3. Fixed Fee: $ 52,046.81 4. Direct Expenses: $ 3,000.00 5. Subcontractor(s) Costs: LHB Inc. $ 87,800.70 Braun Intertech $ 5,000.00 Total Contract Amount: $ 668,315.61 The Contractor will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Minnesota Department of'I7anaportation Travel Regulations". The Contractor will not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval From the State for such out of state travel. The State of Minnesota will be considered the home base for determining whether travel is "out of state". 4.2 The overhead rate of 157.1D% of duect Salary Costs will be used on a provisional basis determined by the State's Audit Section. 4.3 Allowable direct costs include prroject specific costs listed in Exhibit 13. Any other direct costs not listed in Exhibit $ must be approved, in writing, by the State's Authorized Agent prior to incurritig costs. 4.4 See Exhibit B For Budget Details on the Contractor and its subcontractor(s). 4.5 The cost of services provided under this Contract will be shared between the State and the Ciry of Hutchinson. All work performed under this Contract will be divided, and invoiced accordingly, into work performed for the State, or work performed for the City, as indicated in Exhibit B -Budget. 4.6 The total obligation for all compensation and reimbursements to the Contractor for this Contract will not exceed $668,315.61. 4.7 The State's total obligation for all compensation and reimbtusements to the Contractor will not exceed $602,457.65. 4.8 The City's total obligation for or all compensation and reimbursements to the Contractor will not exceed $65,857.96. Article 5 Terms of Payment; 5.1 The Contractor will use the format set forth in Exhibit C when submitting Invoices. 5.2 The Contractor will submit the monthly progress report set forth in Exhibit D showing the progress of work in work hours according to the tasks listed in Article 2 Scope of Work. (rev 07/03) CSS 3of18 Mn/DOT Contract No. 85553 5.3 The Contractor will submit separate progress reports and invoices (as defined above) to the State, and to City for work performed under this Contract for the respective entities. The Contractor will also submit duplicate copies of City invoices and progress reports to the State. 5.4 The Contractor will use appropriately modified versions of Exhibit C, and Exhibit D when submitting invoice and progress reports to the City. Article 6 Contractor's Authorized Agent and Project Team: 6.1 The Contractor's Authorized Agent will be: Name: Jon Huseby Title: Contractor Project Manager Address: Eolton & Meuk, Inc., 196D Premier Drive, IvIankato MN, 56001-5900 Phone: (507) 625-4171 ext. 131 If the Contractor's Authorized Agent or Project Manager changes at any time during this Contract, the Contractor will be responsible to follow conditions laid out within Article 16 of the General Terms. 6.2 See Exhibit A for a full listing of key personnel as defined in Article 16 of the General Temts. Artide 7 State's Authorized Agent and Project Manager: 7.1 The State's Authorized Agent will be: Name: Gene East Title; Connact Administrator Address: 2505 Transportation Rd., Wilhnaz, MN 56201 Phone: (320) 214-3743 The State's Authorized Agent, or his/her successor, has the responsibility to monitor the Contractor's performance and [he authority to accept the services provided under this contract. Tf the services are satisfactory, the State's Authorized Agent will certify acceptance on each invoice submitted for payment. 7.2 The State's Project Manager for this Contract will be: Name: Kelly Brunkhorat Title: State Project Manager Address: 1400 Adams Srreet SE, Hutchinson, MN 55350 Phone: (320) 234-2589 The State's Project Manager, or his/her successor, has the responsibility to monitor the Contractor's performance and progress, the Project Manager will sign progress reports, review billing statements, make recommendations to the State's Authorized Agent for acceptance of the Contractor's goods or services, and make recommendations to the State's Authorized Agent for certification for payment of each Invoice submitted for payment. (rev 07/03) CSS 4 of 18 Mn/DOT Contract No. 85553 7.3 The City of Hutchinson's Ivey Contact for this Contract will be: Name: John Rodeberg Title: City of Hutchinson Coutact, tatty of Hutchinson City Engineer Address: Hutchinson City Center, ] 11 Hassan St SE, Hutchinson, MN 55350-2522 Phone: (320) 230.-4208 ArHde 8 Modification of the General Terms: None Article 9 Addi6oaal Provtsloas: None THE BALANCE Ok' THIS PACrE HAS BEEN Ed'I'ENTIONALLY LEFT BLANK. (rev 07/03) C35 5 of 18 Mn/DGT Contract Nc. $5553 General Terms Article 10 Terra of Contract 10.1 'I'bis Contract will be effective upon the date set in the Special Terms and will remain in effect until the Expiration Date set in the Special Terms, ar until all obligations set forth in this Coact have been fulfilled to the satisfaction of State, or until terminated under Article 31, whichever event occurs first 10.2 For delays encountered that are beyond Contractor's control, and upon written request from Contractor, State's Authorized Agent may extend the Work Completion Date, asset forth in the Special Terms of this Contract. The length of such time extension will be deterrnined by State's Authorized Agent and will not exceed the Expiration Date of Contract. 10.3 It will be Contractor's responsibility to notify State's Project Manager and State's Authorized Agent, in writing, if the project will not be completed as scheduled. State's Project Manager will have the authority to adjust the schedule, in writing, within the term of Contract Article 11 Governing l,aw, durlsdlctlon, and Venue 11.1 This Contract will be interpreted pursuant to Minnesota law. Any citation to federal or state law incorporates the language of that law into this Contract as if fully set forth herein. Venue for all legal proceedings arising out.of this Contract, or its breach, will be in the applicable state or federal court with competent jurisdiction in Ramsey County, Minnesota. Article 12 Terms.of General Terma 12.1 Any and all provisions of these General Terms will remain in force unless they aze specifically modified, in writing, by the Special Terms of this Contract. 12.2 To the extent of any inconsistencies between the Special Terms and these General Terms, the Special Terms will control. Minnesota law supersedes any of the Special Terms or General Terms set forth in this Contract. Article 13 Terms of Payment 13.1 Subject to the provisions of the Special and General Terms, all services performed and/or goods satisfactorily supplied by Contractor pursuant to this Contract will be paid by State. Compensation will be in accordance with the Special Terms, Aricle 4 Consideration of Payment. 13.2 If it appears at any time that Contractor will exceed the Total Contract Amount stated in the Special Terms of this Contract, Contractor mbst notify State's Authorized Agent in writing in a timely manner. Contractor will not be compensated for work performed in excess of the Total Contract Amount without a written, and fully executed, amendment to this Contract. Any work performed beyond that which is provided for in this Contract without a prior written amendment signed 6y State, will be deemed voluntary and Contractor will not be entitled to compensation For the extra work. 13.3 If Contractor claims any instructions, latent conditions, or conditions exist that cause extra cost under this Contract, Contractor must make a written notice for any extra cost incurred within 10 days after such instruction or observance of conditions. Latent conditions are conditions not anticipated by the Special Terms of this Contract. Any claims made without a written notice will be refused and no claim will be valid unless so made. Any work performed under an amendment to this Contract that has not been properly approved and executed by the parties will be performed at Contractor's own risk. State's Authorized Agent will have the sole authority to determine whether any claimed extra costs are reasonable under the circumstances and whether State will approve the extra costs. 6 of 18 Mn/DOT Contract No. 85553 13.4 State will not pay overtime rates for any overtime work or services performed by Contractor or a subcontractor unless State's Authorized Agent Las specifically requested Contractor to do so in writing. When specifically authorized by State's Authorized Agent, overtime premium pay will be reimbursed as a direct cost for the overtime portion of the Lowly rate and is not eligible for overhead costs or profit. 13.5 Reimbursement for travel and subsistence expenses actually and necessarily incurred by Contractor as a result of performance of this Contract will not exceed the amount defined in the Special Terms. Contractor will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Minnesota Department of Transportation Travel Regulations." Contractor will not be reimbwsed for travel and subsistence expenses incurred outside the state of Mimmesota unless it has received prior written approval from Stale for sucL out of state travel. The state of Minnesota will be considered the home base for determining whether travel is "out of state." 13.6 The final payment due Contractor will be based on actual acceptable costs as determined by an audit conducted by State. The audit will be conducted using the Cost Principles and Procedures set forth in the Federal Acquisition Regulations, 48 Code of Federal Regulations Section 31, or as modified by state policies and procedures. Based upon final audit, the final payment to Contractor may exceed the Total Contract Amount without amending this Contract. Article 14 Procedure for Payment 14.1 Payments will be made by State within 30 days of Contractor's presentation of invoices and progress reports for services performed and the acceptance of such services by State's Authorized Agent as identified in Minnesota Statutes Section 16A.124. . 14.2 Invoices for payment must be submitted by Contractor monthly to State's Authorized Agent in the form prescribed by State. Invoices must identify the cost for the services performed and/or goods delivered foi the billing period and must satisfy the requirements listed below: 1421 Each invoice must contain the following information: Mn/DOT Agreement Number, Mn/DOT contract invoice number (sequentially numbered), billing address if different from business address, and Contractor's original signature attesting that the invoiced services and costs are new and that no previous charge for those services and/or goods has been included in any prior invoice. 14.22 Direct nonsalary costs allocable to the work under this Contract, and defined in the Special Terms of this Contract, must be itemized and supported with invoices or billing documents to show that such costs are properly allocable to the work. Direct ngnsalary costs are any costs that are not the salaried costs directly related to the work of Contractor. Supporting documentation must be provided in a manner that corresponds to each direct cost. 14.23. The original of each invoice and progress report must be sent to State's Authorized Agent for review and payment. 14.24 Contractor must provide, upon request of State's Authorized Agent, the following supporting documentation: a. Direct salary costs of employees' time directly chargeable For the services performed under this Contract. This must include a payroll cost breakdown identifying the name of the employee, classification, actual rate of pay, hours worked, and total payment for each invoice period; and b. Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. Computer generated printouts of labor casts for the project must contain the project number, each employee's name, hourly rate, regular and overtime hours, and the dollar amount charged to the project for each pay period. 7 of 18 Mn/DOT Contract No. 85553 14.3 If Contractor is authorized by State to use or uses any subcontractors, Contractor must include all the above supporting documentation in any subcontractor's contract, and Contractor must make timely payments to its subcontractors. 14.4 Contractor must requue subcontractors' invoices to follow the same form and contain the same information as set forth in this Article 14. Article 15 Conditlous of Payment 15.1 All services and/or goods provided by Contractor pursuant to this Contrail must be performed to the satisfaction of State, and in accordance with the following: 15.11 Applicable federal, state, and local laws, ordinances, rules, and regulations. 15.12 Applicable state standards, policies, and practices. ] 5.2 Contractor will not receive payment for work determined by State's Authorized Agent to be unsatisfactory, or perforted in violation of federal, state, or local laws, ordinances, rules, or regulations. 15.3 Retainage: Pursuant to Minnesota Statutes Section 16C.08, subdivision 5(b), as enacted, no more than 90 percent of the compensation due under this Contract may be paid until the final product(s) of this Contract have been reviewed by the head of the Minnesota Department of Transportation ("Mn/DOT"). The balance due and owing wilt be paid at the time that the head of Mtt/DOT determines that Contractor has satisfactorily fulfilled all the terms of this Contract. IS.4 All services and/or goods covered by progress payments made by State will become the sole property of State. This provision must not be construed as relieving Contractor from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work or as waiving the right of State to require the fulfillment of all of the terms of this Contract. 15.5 Nothing in this Contract must be construed in any way to operate to relieve Contractor from its obligation to complete the services and/or deliver any goods described in this Contract for a sum not to exceed that set forth in the Special Temts. Article 16 Contractor's ICey Personnel 16.1 Contractor's key personnel specified by name and title in the Special Terms will be considered essential to the work being performed. 16.2 If, for any reason, substitution of a key person becomes necessary, Contractor must provide two weeks' advance written notification of the substitution to State's Authorized Agent. The written notification must include the proposed successor's name and a :resume of his/her qualifications. State's Authorized Agent will have the right to reject the proposed successor based upon reasonable grounds. Article 17 .Assignment 17.1 Contractor may neither assign nor transfer any rights or obligations under this Contract without authorization from State's Authorized Agent and a fully executed assignment agreement. The written authority will in no way relieve Contractor from the prirrrary responsibility for performance of the services and/or delivery of the goods specified in this Contract. Article 18 Subcontracts 18.1 Contractor must require all subcontractor contracts [o contain all appropriate terms and conditions of this Conract, including Articles 10, 11, 13, 14, 16, 18 through 34 and 36, as they apply to the sub contractor. The use of subcontractors does not relieve Contractor from performing and delivering the work stated in this Contract. 8 of 18 Mn/1)OT Gontract No. 85553 • 18.2 State's Authorized Agent must review, and accept for compliance with the General and Special Terms of this Contract, all subcontactor contracts exceeding $10,000.00 prior to the execution of any such subcontractor contract. State's Authorized Agent has the authority to reject any subcontractor contract that does not comply with the General and Special Terms of this Contract. 18.3 A copy of any and all subcontractor contracts must be sent to State's Authorized Agent after execution of the subcontractor contract and prior to work starting under the subcontractor contract. Article 19 Amendments, Change Orders, Merger, and Waiver 19.1 Amendments to this Contract will be considered only for unforeseen work or services that were excluded in the Scope of Work of the Special Terms and that are considered essential to the work. Any written claim made by Contractor for extra work or costs under this Contract that has bees approved by State's Authorized Agent must be evidenced by as amendment to this Contract. Amendments must be in writing and executed and approved by the same patties and officials who executed and approved Cite original Contract, or thew successors in office. Contractor must notify State's )?inject Manager in writing if Contractor will be delayed iu any way from completing Ute project under this Contract. 19.2 The work to be done in connection with this Contract may be changed at the request of State, with the mutual concurrence of Contractor. Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must be consistent with the basic purpose of this Contract and witltin the general Scope of Work identified in the Special Terms. Changes in the Total Contract Amount or Contract Expiration Aate are not pertaitted in a change order. 19.3 This Contract, including all incorporated items, contains all negotiations and agreements between Contractor and Staie_ No other understanding, whether written or oral, regarding Utis Contract, may be used to bind either party. 19.4 Failure of a party to enforce any provision of this Contract will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. Arttcle 20 Affirmative Action 20.1 For contracts in excess of $1 D0,000.00, Contractor certifies that it Is in compliance with . Minnesota S[amtes Section 363.073. 20.2 Contractor certifies that it is an equal opportunity employer and complies with Title VI of the Civil Rights Act of 1964, and the President's Executive Order Number 11246 as amended by Executive Order Number 11375. Accordingly, 49 Code of Federal Regulations Section 21 through Appendix C and 23 Code of Federal Regulations Section Part 20D will be applicable. 20.3 If Contractor has more than 40 full-time employees within the State of Minnesota on a single working day during the previous twelve months Contractor must comply with the following Affirmative Action requirements for disabled workers: 20.31 Contractor must not discriminate against any employee or applicant For employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 9 of 18 Mn/llOT Contras No. 85553 20.32 Contractor will comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 20.33 In the event of Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance may be taken in accordance with Minnesota Statutes Section 363.073, and the rules of relevant orders of the Minnesota I)epargnent of Human Rights issued pursuant to the Minnesota Human Rights Act 20.34 Contractor will post inconspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the conmrissioner of the Minnesota Department of Human Rights. Such notices must state Contractor's obligation under the law to take affimuttive action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 20.35 Contractor must notify each labor anion or representative of workers with which it has a collective bargaining agreement or other contract understanding, that Contractor is bound by the teens of Minnesota Statutes Section 363.073, or the Minnesota Human Rights Act and is cotnntitred to take affirmative action to employ and advance in employment physically and mentally disabled persons. Article 21 Compliance with Licenses, Permits, and Other Reguladous 21.1 Contractor must procure all licemses, permits, or other rights necessary to fulfill its obligations under this Contract in compliance with all applicable federal and state laws. Article 22 Audits and Inspections 22.1 The books, records, documents, and accounting procedures and practices of Contractor relevant to this Contract are subject to examination by the State, Minnesota Department of Transportation, and/or Legislative Auditors, as appropriate, for a minimum of six years from the end of the project. 22.2 Duly authorized representatives of State (and the Federal Highway Administration, if federal funds are involved) have the right to inspect the work of Contractor under this Contrail, during regular working hours, whenever it is deemed necessary to do so. 223 Work Effort Audits; 22.31 State may conduct work effort audits for the various work tasks described in the Special Terns. Audits will be randomly selected for completed work tasks. Audits will include work effort reviews and effort loves analysis to determine the reasonableness of the hours charged. 22.32 Contractor must maintain work effort progress reports showing work tasks, hours worked an the task by the various personnel assigned to this work, and work effort performed by subcontractors assigned to the tasks. The progress report must be in the format as described in the Special Terms of this Contract. Article 23 Government Data Practices and Intellectual Property 23.1 Government Data Practices. Contractor and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapterl3, as it applies to all data provided by State under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Contractor under this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this clause by either Contractor or the State. If Contractor receives a request to release the data referred to in this Clause, Contractor must immediately notify State. State will give Contractor instructions concerning the release of the data to the requesting party before the data is released. 10 of l8 Mtt/DpT Contract No. g5553 23.2. Intellectual Property Rights. 23.21 Intellectual Property Rights of State. State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practicer created or originated by Contractor, its employees, agents, and subcontractors, either individually orjointly with others in the performance of this contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by Contractor, its employees, agents, or subcontractors, in the performance of this contract. The Documents will be the exclusive property of State and all such Documents must be immediately returned to State by Contractor upon completion or cancellation of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." Contractor assigns all right, title, and interest it may have in the Works and the Documents to State. Contractor must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents. 23.22 Intellectual Property of Contractor. Contractor retains title and interest in all of its standard details, plans, specifications, and engineering computation documents, ("Previously Created Works and Documents' whether in written or electronic form, which have been incorporated into the Works and Documents, but which were developed by Contractor independent of this contmct. Contractor issues to State a royalty-free, nonexclusive, and irrevocable license to use the Previously Created Works and Documents. 23.23 Not cation. Whenever contractor reasonably believes it, or its employees or subcontractors, has made an invention, improvement, or discovery (whether or not patentable) in the performance of this contract, and has or actually or constructively reduced it to practice Contractor will immediately give State's Autborized Representative written notice thereof, and must promptly famish the Authorized Representative with complete information and/or disclosure thereon. 23.24 Representation. Contractor must perform all acts, and take all steps necessary to ensure that all intellectual property tights in the Works and Documents are the sale property of State, and that neither Contractor nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Contractor will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at Contractor's expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. Contractor will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. Tf such a claim or action arises, or in Contractor's or State's opinion is likely to arise, Contractor must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 11 of 18 Mn/DOT Contract No. 85553 23.25 State's Reuse of Works and 1ocuments. If the Works and Documents created and paid for under this contract are engineering plans and specifications requiring the certification of a licensed professional engineer, State acknowledges that such plans end specifications have been created solely for the specific project covered by this contract and may not be suitable for reuse on other projects. Government Data Practices. The Minnesota Government Data Practices Act, Minnesota Statutes Cbapterl3, applies m this contract and all work performed under it. The act provides, inter alia, disclosure and non- disclosure requirements For all data provided to or by the State and civil remedies for failure to comply with the act. 23.3 The originals of reports, drawings, work sheets, plans, field notes, computations, and other pmject data must be relinquished to State: 23.31 Upon written notice of completion or termination of this Contract, or 23.32 Upon written notification by State, or 23.33 Upon final payment by State to Contractor for this Contract. Article 24 Liability 24.1 Contractor must indemnify, save, and hold State, its agents, and employees harmless from any and all claims or causes of action, including attorney's fees incurred by State, arising tram a negligent or otherwise wrongful act, or omission in the performance of this Contract by Contractor or Contractor's agents or employees. This clause will not be constmed to bar any legal remedies Contractor tray have For State's failure to fulfill its obligations pursuant to this Contract. Article 25 Workers' Compensation 25.1 Any and all employees of Contractor, including its subcontractors, or other persons while engaged in the performance of any work or services required by Contractor under tltia Goirtract, will not be considered employees of State, Any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of Contractor's employees, or other person while so engaged on any of the work or services to be rendered, will in no way be the obligation or responsibility of State. Pursuant to Minnesota Statutes Section 176.182, acceptable evidence of compliance with Workers' Compensation insurance coverage requirements must be presented to State before State may enter into a contract with Contractor. Article 26 Insurance 26.1 A certificate of insurance for each type of insurance required under this Contract must be filed with State's Authorized Agent within 30 days of execution of this Contract and prior to commencement of any work under this Contract. Each policy must contain a 30 day notice of cancellation, nonrenewal, or material change to all named and additional insured. 26.2 Contractor must maintain and famish satisfactory evidence of the following insurance policies: 26.21 Loss by any means, of all data furnished to Contractor by State, and for partially completed data far which State has made payment. 26.22 Workers' Compensation Insurance: Contractor will provide Workers' Compensation insurance for all Contractor employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers' Compensation insurance in accordance with the statutory requirements of state of Minnesota, including Coverage B, Employer's Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $SOO,000.DO bodily injury by disease aggregate; and $100,000.00 bodily injury by accident. Evidence of subcontractor's insurance must be filed with Contractor. 26.23 Commercial General Liability: Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury, including sickness or disease, 12 of 18 Mn/DOT Contract No. 85553 death, and for care and lass of services as well as from claims for property damage including loss of use which may arise from operations under this Gontract whether such operations be by Gonttactor or by a subcontractor or by anyone directly or indirectly employed under this Contract. Unless otherwise specified within this Contract, Contractor's insurance minimum amounts will be as follows: $1,000,000.00 -per occurrence $2,000,000.00 - amtual aggregate hn addition, the following coverages should be included: Bodily Injury and Property Aamage Products and Gompleted Operations Liability Blanket Contractual Liability Name State as an Additional Insured 26.24 Commercial Automobile Liability: Contractor will maintain insurance protecting Contractor from claims for damages for bodily injury, including siclmess or disease, death, and for care and loss of services, as well as from claims for property damage including loss of use which may arise from operations under [his Contract whether such operations were by Contractor or by subcontractor or by anyone directly or indirectly employed under this Contract. Unless otherwise specified within this Contract, Contractor insurance minimum amounts will be as follows: $1,DDD,DOOAO -per occurrence Combined Single limit for Bodily Injury and Property Damage. In addition, the following coverages should be included: Dwned, Hired, and Non-owued Name State as an Additional Insured 2625 Professional/Technical, Errors and Omissions, and/or Misce]laneous LiablUty insurance: Unless otherwise speciEed within this Contract, Contractor insurance minimum amounts will be as follows: $1,OOO,OOO.DO -per claim $2,000,000.00 -annual aggregate On request, Contractor.must submit a financial statement signed by a Certified Public Accountant which provides evidence that Contmctor has adequate assets tp cover any deductible which applies to this policy. This policy will provide coverage for all claims Contractor will become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor's professional services required under this Contract. 26.26 For work on railroad property, Contractor must obtain Railroad Protective Liability Insurance in accordance with Mn/DOT Specification 17D8.2 (2000 Edition) or any subsequent changes or modifications to this specification. 26.3 Contractor must: 26.31 Include legal defense fees in addition to its liability policy limits, with the exception of 26.25 above; and 26.32 Obtain insurance policies from an insurance company having an "AM BEST" rating of r~Vl or better. 26.4 State reserves the tight to immediately rescind this Contract if Contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against Contractor. All insurance policies must be open to inspection by State, and copies of policies must be submitted to State's Authorized Agent upon written request. Article 27 Deliverable Standards 13 of 18 Mn/DOT Contract No. 85553 27.1 State will have the authority to disapprove or reject services and/or goods that are defective. Contractor will be responsible for the accuracy of its work under this Contract and must make immediate, necessary revisions, repairs, or corrections without compensation resulting from errors and omissions on the part of Contractor. Services and/or goods delivered under this Contract must be iu accordance with applicable federal or state standards and/or specifications and must be of a quality that is satisfactory to State. Acceptance of the services and/or goods by State will not be considered a waiver of any provision of this Contract and will not relieve Contractor of the responsibility for subsequent correction of any such errors or omissions and the clarification of any ambiguities. In the event revisions, repairs, or corrections to the deliverables must be made, Contractor must invoice State for any employee's time necessary to revise, repair, or correct errors or omissions at a rate of zero dollars per hour for the number of hours necessary to perform the work. 27.2 The services and/or goods provided to State by Contractor must be of such quality that they are suitable for their intended purpose which meets the design requirements provided for in the Special Temps. 27.3 Time is of the essence with respect to this Contract. In the event Contractor fails to perform its duties by the time fixed for the completion of the work, State may elect to immediately ternunate this Contract. 27.4 'Neither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the following, unless the act ar occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure: Ere, tload, epidemic, strikes, wars, acts of God, unusually severe weather, or delays ar defaults caused by public carriers, provided the defaulting party gives written notice as soon as possible to the other party of its inability to perform. Article 28 Priuting, Paper Stock, and Ink Requirements 28.1 If this Contract results in reports or documents paid for by State, Contractor must comply with Minnesota Statutes Sections 16B.121 and 168.122, for the purchase of printing, paper stock, and printing ink. Article 29 Publicity and landoraementa 29.1 Any publicity given to the program, publications, or services provided resulting from this Contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Contractor or its employees individually or jointly with. others, or any subcontractors must identify State as the sponsoring agency and must not be released without prior approval by the Commissioner of Transportation, unless such release is a specific part of an approved work plan included in this Contract. 29.2 Contractor must not claim that State endorses its products or services. Article 30 Officials not to Benefit 30.1 Without prior written consent of State, Contractor must not employ any professional or technical personnel to provide services under this agreement who are or have been at any time during the time period of this Contract in the employ of State, except retired State employees, without written consent from State. 14 of ] 8 Mn/AOT Contract No. 85553 . 30.2 Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure dais Contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee working for Contractor, any fee, commissions, percentage, brokerage fee, gifts, or any other consideration, contingent.upon or resultung from the award of making of this Contract. Article 31 Terminadon 31.1 This Contract may be immediately terminated by State or the Commissioner of Administration, at any time, with or without cause, upon written notice to Contractor. In the event of such termination Contractor will be entitled to payment, determined on a pro rata basis, for services and/or goods satisfactorily performed or delivered. 31.2 In the event State cannot or does not obtain funding from the Minnesota Legislature, or finding cannot be continued at a level sufficient to allow for the purchasing of the services and/or goods contained herein, this Contract may be immediately terminated, at State's option, by written notice of termination delivered in person, by mail, or facsimile to Contractor at the address specified in this Contract. State will not be obligated to pay for any services and/or goods provided by Contractor after such notice of termination. Article 32 Errors and Omissions 32.1 Contractor will be responsible for the accuracy of the work and must promptly make neceasary revisions or corrections resulting from Contractor's errors, omissions, or negligent acts without additional compensation. Acceptance of the work by State will not relieve Contractor of the responsibility for subsequent correction of any errors or omissions or for clarification of any ambiguities. It is understood by the parties that State will rely on the professional performance and ability of Contractor. Any examination by State or [he Federal Highway Administration, or any acceptance or use of the work product of Contractor, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of Contractor which would relieve Contractor from any liabihty or expense that could be connected with Contractor's sole responsibility for the propriety and integrity of the professional work to be accomplished by Contractor pursuant to this Contract. 32.2 At any time during construction yr any phase of.work performed by others based on data provided by Contractor, Contractor must confer with State when necessary for the purpose of interpreting the information secured and/or to correct any errors or omissions made by Contractor. Contractor must prepare any and all plans or data needed to correct the errors or omissions without added compensation, even though final payment may already have been received by Contractor. Contractor must give immediate attention to these changes so there will be minimal delay to the construction or other work as referenced. 32.3 If errors, omissions, or negligent acts are made by Contractor in any phase of the work, the correction of which may require additional field or office work, Contractor will be promptly notified by State and will be required to perform such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost [o State. if Contractor is aware of any errors, omissions, or negligent acts made in any phase of the work, the corrections of which may require any additional field or office work, Contractor must promptly perform such additional work as may be necessary to correct these errors, omissions, or negligent acts without undue delay and without additional cost to State. 15 of 18 Mn/DOT Contract No. 85553 32.4 Contractor will be responsible for any damages incurred as a result of its errors, omissions, or negligent acts and for any loss or cost to repair or remedy Contractor's errors, omissions or negligent acts. Acceptance of the work by State will not relieve Contractor of the responsibility for subsequent correction of any such errors, omissions, or negligent acts, or of liability for loss or damage resulting therefrom. 32.5 Contractor must respond to State's notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to State. Notification will be by telephone, followed by Certified Mail. Contractor maybe required to make a field review of the project site, as defined in the Special Terms, if directed by State's Authorized Agent and Contractor may be required to send persotutel to the appropriate State district office as part of correcting any errors or omissions. . Article 33 Quality Assurance and Quality Control 33.1 Prior to approval and execution of this Contract, Contractor must have a Quality Assurance and Quality Control (QA/QC) Program. Auring the term of this Contract, Contractor must adhero to Contractor's QA/QC Plan, which was prepared by Contractor and accepted by State's Authorized Agent, for this Contract. Contractor's QA/QC Plan is incorporated into this Contract by reference. With each deliverable submitted to State pursuant to Utis Contract, Contractor must certify in writing to State's Authorized Agent that there was compliance with the QA/QC Plan. State may cancel this Contract for Contractor's failure to follow the QA/QC Plan for this Contract. Article 34 Disputes 34.1 State's Authorized Agent will be the initial interpreter of the requirements of this Contract and will judge the acceptability of the work hereunder. Claims, disputes, and outer matters relaking to the acceptability of the work will be referred in writing to State's Authorized Agent, wilt a request for a formal decision to be rendered in writing within a reasonable time. Written notice of each such claim, dispute, or other matter must be delivered by Contmctpr to State's Authorized Agent within 1 S working days of the occurrence of the event giving rise to the claim, dispute, or other matter. Written supporting data must be submitted to State's Authorized Agent within 45 days of each such occurrence, unless State's Authorized Agent allows an additional period of time to ascertain more accurate data. The rendering of a decision by State's Authorized Agent will be a condition precedent to Contractor's exercise of such rights and remedies as it may have prtder this Contract or at law in respect to any claim, dispute, or other matter. Article 35 Federal Clauses If Federal Funds are involved with this Contract, the following additional conditions apply: 35'.1 Federal reimbursement will be limited to the Federal share of costs which are allowable under the Federal cost principles contained in the Federal Acquisition Regulation, Contract Cost Principles and Procedures, 48 Cade of Federal Regulations Section 31. 35.2 Contractor warrants and represents that State and the Federal Highway Administration will have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use for federal, state, or local government purposes, any patentable subject matter or copyrightable materials developed, or any rights of copyright to which State has purchased ownership, under this Contract, When applicable, the patent rights provisions of 48 Code of Federal Regulations Section 27 will apply to [his Contract regarding rights to inventions. Such provisions are incorporated by reference and must be incorporated in all subcontracts by reference. 16 of l8 Mn/DOT Contract No. 85553 35.3 Federal-Aid Contracts: Contractor acknowledges that by signing this Contract, it certifies to the best of ifs knowledge and belief: 35.31 That no Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Metnber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectlon with the awarding of any Federal contract or the making, extension, continuation, renewal, amendment, nr modification of any Federal grant, loan, or cooperative agreement. 35.32 That if any funds other than Federal appropriated funds have been paid or will be paid to any person for infiucncing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congtesa, or an employee of a Member of Congress in connection with this Federal conhact, grant, loan, or coopemtive agreement, Contractor must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 35.33 That this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 United States Code Section 1352. Any person who fails to file the required certification will be subject to a civil penalty. 35.34 That it must require that the language of this certification be included in all lower tior subcontracts, which exceed $100,000.00 and that all such subcontractors moat certify and disclose accordingly. 35.4 Contractor must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, 42 United States Code Section 7606; Section SOS of We Clean Water Act, 33 United States Code Section 1368; Executive Order Number 11738, and all applicable regulations promulgated by the United States Environmental Protection Agency. Article 36 Data Disclosure 36.1 Contractor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring Contractor to file state tax returns and pay delinquent state tax liabilities, if any. Minnesota Statutes Section 270.6fi. THE BALANCE OF THIS PAGE HA5 BEEN INTENTIONALL]' LEFT BLANK. 17 of 18 Mn/DOT Cantraet No. 85553 STATE ENC[TMBRANCE VERIFICATION Individual certifies that funds hevo bam encumbered ea rcquircd by Minn. Stet.§§ 16A.15 and 1GC.D5. signed: Date: CFMS Contract No. A- CONTRACTOR The Contractor certifies that the appropriate person(s) have executed the contract on behalf of the Contractor as required by applicable erticlnv, bylaws, resolutions, w ordinetrt"1 n I7 By: /ham Title: /TG~'~//Y Date: ~~9 p~ ..._ sy: //~rT~ ~ ~ Titlc: ~~ a <<~ Hate: d~ STATE AGENCY . By: (with delegated authority) Title: Date: COMMISSIONER OF ADMAYISTRATION sy: Data: CITY Hy: Title: Dnte: CITY >ly: Title: Date: (rev D7/03) CSS 18 of 18 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 1.D Im rovernent Pro'ect Des ti n 1.1 The State has identified the need for improvements to Tmnk Highways (TH) 22/7, and a short segment of TH 15, in Hutchinson, Minnesota. The improvements will be split into two separate projects. The first project begins'on TH 22/7 near Shedy Ridge Road at the west edge of Hutchinson and continues east to California Street. The second project on TkI 7/22 begins at California Street and continues east, ending near the intersection of TH 22/7 at 5th Avenue NE. This section also includes the reconstruction of Lind St., Water St., lames St„ and Glen St. between TH 22/7 and 3rd Avenue. NW. This project also includes a segment of TH 15 that crosses the TH 22/7 segment described above. The TH 15 segment begins approximately at 2nd Ave. NE on the south, and ends near 5th Avenue NE on the north. 1.2 The improvement project will involve the reconstruction and minor re-alignment of TTI 22/7, and replacement of bridge 5235 over the Crow River on TH 15. The project will include„hut may not be limited to the following work: grading, paving, curb and gutter, bridge construction, retaining wall, storm sewer, municipal utility work, trail construction, signals and lighting, bridge removal, building removal. 1.3 The Final Design Plans for this project will be divided into two complete, and separate plans with Special Provisions. California Street serves as the dividing line between the two plans. 1.4 This project is scheduled for letting on November 18, 2005. This project will be let and'constructed as one improvement project. l.5 This project will be designed using English units. 2.0 Contract Work DescrinHon 2.1 .The Contractor will provide the State with two complete design plans for the improvement project described above. The Contractor will complete the final engineering for this project, which will include: v Up to twenty-one (21) meetings, including one public open house, and two staging workshops o Road plans as outlined below o Building Removal Plan Sheets o Hydraulic Design as outlined below o Sanitary Sewer Design Plan Sheets o Water Design Plan Sheets o Prepare permits for the above work a Special Provisions o Constmction Cost Estimates The foundation recommendations for retaining walls will be provided by The State's Foundations Unit and incorporated by the Contractor into the final plans and provisions. Coordination and electronic file sharing with The State's Foundations Unit will be required. 1 of 14 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 The bridge will be designed separately by T'he State's Bridge office and incorporated by the Coutractor into the final plans and provisions. Coordination and electronic file sharing with The State's Bridge Office will be required. All signal systems will be designed, and special provisions provided, by The State's Traffic tout, and incorporated into the final plans and provisions. Coordination and electronic file sharing with The State's Traffic unit will be required. All lighting systems will be designed by The State's Lighting unit and incorporated into the final plans and provisions. Coordination and electronic file sharing with The State's Lighting unit will be required. The Right of Way for this project will be purchased by the State's Right of Way section in District 8. Coordination and electronic file sharing with the State's Right of Way section in Dis4nict 8 will be requured during the course of the final design process. All landscaping and aesthetic details will be designed by the State's Landscaping unit and incorporated into the final plans and provisions. Coordination and electronic file sharing with the State's Landscaping trait will be required. The Contractor will incorporate data from the State's Office oFEnvironmental Services into the project's Special Provisions, and possibly the Plan, as needed to specify location and handling of potentially contaminated soils on the project site. Coordination and electronic file sharing with the State's Office of Environmental Services will be required. Unless expressly stated otherwise, all work will follow the processes specified in the following: The State's online Highway Project Development Process (HPDP) handbook ~h[tp://www.dot. state.ran.us/tecsup/xyz/plu/hpdp/index.html~ The State's online Computer Aided Drafting and Design (CADD) standards ~tttp J/www.dot.state.mn. us/caes/cadd/home. html~ The State's online Design Standards, Technical Memoranda [ http://www.dotstate.mn.us/tecsup/tmemo/index.htmh All work and deliverables will be completed and provided using English units. 2.2 The State will provide to the Contractor the following information: Traffic Forecasts, Existing Survey Data, Eavironxncntal Assessment, Proposed Staging Concept, Preliminary and Final Geometric Layout, Wetland Mapping, Design Recommendation Letter, Foundation Recommendations, Bridge Plans, and Preliminary Cross-Sections. See section 9.1.1 for more details. Survey Data available for this project is more than five (5) years old in some instances. Horizontal locations (features and annotation) are current as of late fall of 2003. Cross section data was collected in "station and ofFset" Format, as opposed to a DTM (digital terrain model), and may require supplemental surveying. Any supplemental survey data required will be the responsibility of the Contractor. All electronic information and data from The State will be provided in formats using Microstation, GEOPAK, Excel, Word and/or Acrobat Reader applications. 2of14 L.J Exhibit A Srnpe of Servlcea Mn/DOT Agreement No. 85553 2.3 The Scope of Services for this Project has been divided into the following categories: 3.0 Project Management 4.0 Utility Coordination 5.0 Final Design 6.0 Hydraulics Design 7.0 Drainage and Miscellaneous Survey 8.0 Public Information 9.0 Project Deliverables and Schedule 3.D Project Manaeement ICey Staff: Ton Huseby and Ron Roetul 3.1 Project Management will include all work necessary for the effective communication and coordination of the project to ensure all the project tasks are completed on time, within budget, and in accordance with State and Federal laws, toles, and regulations. 3.2 The letting date for the improvement project is November 18, 2005. The schedule for this contract, outlined in the Project Deliverables and Schedule in section 9.3 is developed from the established letting date. Communication and coordination between the Contractor and the State's Project Manager, Hydraulics, Foundations, Right of Way, Railroad and Bridge offices will be required during this project. The Contractor is expected m initiate communication through phone calls, e-mails, letters, etc. to collect and exchange information, resolve issues, share electronic information, etc. to keep the project on schedule. 3.3 Project Management will include up to eight (8) coordination meetings with The State's representatives and other agencies. In addition, there will be two (2) coordination meetings in The State's Central Office in St. Paul. The Contractor will be required to prepare meeting agendas and record and distribute minutes of all meetings. 3.4 Project management will include up to three (3) coordination meetings with the City of Hutchinson in regard to issues concerning city street construction, sanitary sewer, water and storm sewer design and plans, including submittals of work for review and approval, 3.5 Project management will include two (2) workshops to develop a construction staging plan that moves trafftc effectively and efficiently during construction while maintaining efficient constrmction progress for the expected two-year construction period. The workshops will consist of two sessions (one-half day each) at different paints in the plan development. The first session will beheld in early spring 2004 and the second session (at approximately the SD% plan development point) in the fall of 2004. The participants in the workshop may include, Mn/DOT District 8, Mn/DOT Specialty Offices, City of Hutchinson, business owner representatives, residential representatives, utility companies. The Contractor will facilitate and document both sessions, which will be held in Hutchinson. 3.6 Project Management will include preparation of miscellaneous project correspondence, scheduling, and budget management necessary for expediting work products and project decision-making. Monthly progress reports and schedule updates by the Contractor will be required. 3.7 Project Management will include additional progess reporting, invoicing and billing of State related, and City related costs separately. Copies of all progress reports and invoices will be provided to both parties for . all work. 3of14 Eahibit A Scope of Services Mn/17OT Agreement No. 85553 C~ 3.8 Project Management will include close monitoring and communication with the State's Project Manager in regard to project issues that may affect consbuction limits. The Contractor will notify the State's Project Manager as soon as passible of potential changes so that the State can take appropriate action with Right of Way issues. 3.9 Project Management will include up to three (3) coordination meetings with an established aesthetics committee made up of State, City, and Community representatives. 4.0 till Coordination Key Staff: Brett Benzkofer and Mike Ghristianson 4.1 Utility Coordination will include all [asks necessary to be in compliance with T'he State's Technical Memorandum No. O1-02-TS-02 and all applicable State Statutes. This includes but is not limited to Gopher State-One Call contacts and preparing and distributing the utility coordination, verification and information letters. This information will ultimately be incorporated into the Plan Content, according to the State's standards. 5.0 Final Design Key Staff: Huseby, Benzkofer, Chris Chromy, William Douglass, Dau SarfF Staging Key Staff: Huseby, Chromy and Benzkofer Municipal Utilities Key Staff: Sarff, Benzkofer and Glen Coudron Building Removal Key Staff: Del 7ackman, Benzkofer, Linda Kimble Retaining Wall Key Staff: Benzkofer, Jve Litman (LHB Inc.) 5.1 Road/Construction Plans The Contractor will prepare two complete detailed construction plans with Special Provisions, for all the proposed roadway improvements that is consistent with the final horizontal and vertical alignments, typical sections, and construction limits identified in the Final Geometxic Layout. The road plans will also be consistent with any findings and recommendations identified in the Environmental Assessment, in accordance with Federal and State laws, rules, and regulations. As noted in Section 1.1 and 1.3 above, the Contractor will deliver two complete and separate Final Design Plans with Special Provisions, covering the project area defined in Section 1.1.One complete plan for the segment of TH 22/7 from approximately Shady Ridge Road to California St_, and a second complete plan for the segment of TH 22/7 from CaGfomia St. to 5'" Ave. NE, including the reconstruction of Lind St., Water St., Lames St., and Glen St. between TH 22l7 and 3rd Avenue NW, plus the segment of TH l5 described in section 1.1. Unless expressly stated otherwise, any references to "plan" or "the plan" in this document ara intended to address both Final Resign Plans to be delivered to the State under this agreement, The Gonstruction Plans will consist of, but are not limited to, the following sheets, and not necessarily in the order listed below: 4of14 Eahibit A Scope of Serrices. Mn/170T Agreemetrt No. 85553 a) Title Sheet Contains the location map, signature block, sheet index, project data, station equations, pit data, traffic data, and station-reference point comparison. ' b) General Layout A layout of the project showing the plan sheet layout and sheet numbers For reference. c) Statement of Estimated Quantities (SEQ) Tabulation showing the State's standard pay item numbers, item descriptions, and quantity of all materials needed to complete the project. Columns should exist for referencing the individual item's tabulation. Cost splits and agency responsibility is identified in the SEQ. Notes will be included where necessary for clarification. d) Design Recommendation Construction Notes and Standard Plates The State's online Standard Plates Manual at 4tttp://www.dot.state.mn.us/tecsup/splate/index.html#index~ wiA be the reference for all Standard Plate information. Notes covering special requirements and critical information contained in The pesign Recommendation will be listed as well as any other special construction requirements that have been identified. The Standard Plates used on the project will also be listed on this sheet. e) Typical Sections Typical sectional views of the existing and proposed roadway will be shown. The sections will be consistent with the Final Geometric Layout, Design Recommendation, and the Environmental Assessment. Surface type, base materials, and subgrade work will be shown: t) Quantity Tabulations Detailed quantity breakdown of items contained in the Statement of Estimate Quantities (SEQ), including separation of the funding categories. . g) ' Public Utility Tabulations Detailed quantity breakdown of the existing utility located within the project limits. This tabulation is required to have the following columns: Station, Offset, Inplace Facility Description, Owner, and Remarks. h) Miscellaneous Details Any details necessary for [he construction of unique or non-standard elements identified during detail design. i) Standard Plan Sheets The State's Standard Plan Sheets will be included as needed to supplement the construction details in the plan. The State will provide electronic copies of Standard Plan Sheets via The State's online source mttp://www.dotstate.mn.us/tecsup/splan/~. j) Constmction Staging Plans Detailed plans will be prepared that show astage-by-stage process by which the new roadway can be constructed over the 2 year construction period while detouring traffic to City streets. Staging Plana will be as determined through the Construction Staging Workshops (see section 3.5) or as otherwise approved by the State's Project Manager. Staging plans will include a plan for temporary drainage during the staging process. Sof14 Exhibit A Scope of Services Mn/DQT Agreement No. 85553 k) Detour/Traffic Control Plans and Tabulations Detailed plans, notes, and tabulations will be prepared showing the location of signs, barriers, and striping necessary to accommodate the construction staging within the proj ect area. Plans and notes will be consistent with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) online at ~ h[tp://www.dot.state.mn.us/trafficangJotepuhllmutcd/index.html~, Manual for Temporary Traffic Control Zone Layouts, and The State's practices. 1'he plan sheets will contain tabulations showing the description and estimated quantity of traffic control devices for each stage of the PrvJect• 1) Alignment Plan and Tabulations Prepare alignment plans showing all proposed roadway centerlines, stationing, and identifying all alignment points with point numbers, curves with curve numbers, and all permanent horizontal control points. T'he Contrudor will prepare tabulation sheets showing all alignment and curve data (PC, PT, PI, POT, PQC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius, tangent, curve length, superelevation rate, and 7C- Y coordinates. m) Inplace Topography, Utility and Right-of--Way From the survey base mapping provided by The State, prepare plan sheets showing all the inplace topogrnphic features, and private and public utilities, including wells, septic tanks, drain fields, and field tiles within the project limits. Show all existing centerlines andright-of--way lines. n) Removal Plans and Tabulations Prepare detailed plans and tabulations that show the removal of pavement, pipes, culverts, drainage structures, etc. Clearing and grubbing areas will also be noted. o) Building Removal Plans and Tabulations Prepare detailed plans and tabulations that show the removal of buildings and contents, out- • structures, utility connections, sanitary sewer/septic systems, water/well systems, foundations, pavement, pipes, culverts, fences, etc. The Contractor will provide the Building Removal Plans and Tabulations in the forma[ used on the State's 17istxict 8 sample plan sheet to be provided. The State will provide updated survey data limited to major features, above ground level, outside of buildings. Additional special measurements required for the building removal detail sheets, including hazardous material identification needed for building removal tabulations, will be the responsibility of the Contractor. The State currently estimates 25 building removals. p) Construction Plan Sheets Detailed plans of the project providing information on the location of items such as roadways, shoulders, radii, rum lanes, acceleration lanes, driveways, curb and gutter, tapers, right-of--way, railroad property, easements, obliterations, station equations, fencing, ponds, etc. t~ Roadway Profile Sheets Profile sheets ofthe proposed mainline, cross roads, and driveways will be prepared. Information shown on the profiles will include items such as vertical control, vertical curve data, tap of finished surface, top of grading grade, culverts, sub grade corrections, removal of unsuitable material and utilities. r) Super elevation Plans Prepaze a detailed superelevaton plan that patterns the superelevation transition, showing cross- slopes where supereleva[ion transition begins and ends and where the superelevation is zero. s) Storm Sewer Plans, and Profiles Show proposed drainage structures (locations and sizes), pipe sewer, labeled, direction of surface flow and pond detail sheet(s). 6of14 Exblblt A Scope of Services Mn/17OT Agreement No. SS553 t) .Temporary Erosion/Sedimerit Control Plans The location and type of temporary erosion control devices that will be used to control project runoff and sediment during construction will be shown. The Best Management Practices will be consistent with the Environmental Assessment and comply with Department of Natural Resources (DNR), Corps of Engineers (CDE) and National Pollutant Discharge Elimination System (NPDES) permit requirements. The Contractor will also prepare the Storm Water Pollution Prevention Plan (SWPPP) u) Turf Establishment and Permanent Erosion/Sediment Control Plans Plan sheets showing the locations and types of permanent turf establishment in areas of construction disturbance and permanent emsion control devices. v) Inplace Drainage Tabulation A list of the type, size, location, and proposed construction impact of all Inplace drainage slructutes within the project limits shown on the existing topography and utility plan sheets. w) Proposed Dminage Tabulation A list of The location, type, size, length, inlet and outlet elevations, grade, class, alternative pipe types, erosion control, excavation and bedding for each proposed culvert. x) City of Hutchinson Sanitary Sewer, Water, and Storm Sewer Infrastructure Plans Detailed plans will be prepared for the reconstmctivn of tnmk sanitary sewer, water main lines, and a stomt sewer outlet from the City's Water Treannent Plant. y) Permanent Striping Plan z) Lighting Plan aa) Permanent Signing Plan bb) Signal Plan ec) Special Aesthetics including such things as a Landscape Plan dd) Retaining Wall Plan Plan sheets showing location, profile, and elevation of retaining walls, retaining wall details, and wall reinforcement. All walls will be designed to State's standards. The Project is expected to utilize a variety of retaining wall types. Aesthetic considerations will be required in some portions of wall design- Exact determination of all wall details has not been made. ee) National Wetland Inventory map (NWI) ff) Cross-Section Sheets Prepare emss-sections at 50-foot intervals with intermediate sections at stations of unique physical Features. Shown will be existing ground line, proposed roadway template, grading grade, existing and proposed utilities, existing and proposed culverts, existing and proposed right-of--way, temporary easements, entrance slopes, subgrade corrections, unsuitable soil removal, and topsoil placement. The Contractor will provide plan sheets in formats consistent with the State's Leve12 CADD Standards. Detailed information can be found at the following: cwww.dot.state.mn.us/caes/cadd/home.htmh V/hen applicable, the State's online CADD Standards Manual ~www.datstate.mn.us/caes/cadd/home.htmA will be used. When applicable, the State's District 8 sample plan sheets, as provided, will be used. When applicable, the State's online Standard Plan Sheets ~http://www.dotstate.mn.us/tecsup/splanh will be used. When no standard or sample from the sources listed above is applicable, the State's Project Manager must approve the Format before it is included in the plan. Under any circumstance, the State's Project Manager may ovemde the standards and samples above and will make the final determination on plan sheet format. 7of14 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 The Contractor will make efforts to minimize the number of plan sheets in the final plan. Through communication with the State's Project Manager, examples provided by the State's District 8 staff, or other examples that may be provided by the State to be used as a guide in combining plan informatien on sheets to reduce the final plan size. 5.2 Plan Eormat The format of the Road/Constmction Plan will comply with the State of Minnesota, Department of Transportation Technical Manua] Section 5-292.6QD, related appendices and The State's current desigtt concepts and practices. All sheets contained in the Road/Construction Plans and cross-sections will be submitted Yo The State in Microstation format. The Plans and cross-sections will be in compliance with The State's online CARD Standards Manual ~http://www.dot.state.mn.us/caes/cadd/home.html~, or as expressly described herein. All electronic Project design information, whether preliminary or final, will be in Microstation version 8 (V8) and GEOPAK format. All Microstation files, whether working or final versions, will be delivered to the State with an accompanying "readme" file identifying the content of the Microstation file's content. All Microstation files and design work will be performed in Microstation version B, or as prescribed in the State's online CARD Standards Manual shown above, and not in Microstation versi4 tt<7. When applicable, the Contractor will utilize OEOPAIC application modules for performing the design work as follows: GEOPAK Drainage -for storm sewer design GEOPAR Site -for pond design - DTM's be required for all pond design . GEOPAIC Quantity Manager -for quantities and pay item listings GEOPAK Surveys -for survey work GEOPAK Road -- for Cross Sections, SuperElevations, Earthwork, Profiles, Plan views GEOPAK electronic files generated by the application modules listed above will 6e delivered in their respective file formats. Por example; *.gpk, *.gdf, *.gsf, & ".mdb(quantities). Plans submitted for reviews will be delivered on 11'7117" bond sheets. The £nal design plan will be submitted on 11"x17" bond and only the title sheet will be on an 11" x 17" sheet of vellum. All project submittals, whether they are final or preliminary, become the property of the State. Including, but not limited to catnputer files, computer CDs, paper documents or plan sheets. A record drawing of all related improvements will be supplied to the City, of Hutchinson in an AutoCAD format The file will be compatible with [he current (at the time of delivery) version of desktop GIS software from ESRI Inc. 5.3 Plan Review and Approval The Contractor will submit the Road/Construction Plans for review and approval at the following stages of development: (See Section 8.3 for deliverable dates.) Each review submittal will include all related electronic files- Including Microstation and GEOPAK files as defined under section 5.2 above. 8of14 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 Initial Desiga (309'o Gomplete) The Gontractor will submit ten (10) sets of prints showing the title sheet, the basic design layout, including the horizontal and vertical alignment, preliminary drainage concepts, tight-0f--way requirements, initial utility information, and typical sections. Intermediate Design (60%Gomplete) The Contractor will submit ten (10) sets of prints showing existing topography and utility plans, roadway plan sheets, profiles, alignment plans, tentative traffic control and construction staging, drainage plans, drainage report, typical sections, signing, pavement striping, preliminary utility relocations, and crosa- sections. Drainage report will be a separate document that is a compilation o£ drainage design calculations including maps showing tributary drainage 6oundaties. Final Design (90% Complete) The Contractor will submit ten (10) sets of prints of the proposed Final Design Plans far The State's Review and Comment. The 90% submittal by the Contractor will be what the Contractor deems a final buildable plan. Corrected Final Design (95% Complete) Upon making the revisions from the 90% subtnittal, the Contractor wiU submit one signed and certified set of bond prints with the vellum title sheet, and five (5) additional copies. The original prints will be submitted to The State's Central Office Design Liaison Unit for review and approval. Selected sheets will be sent to The State's Central Office £or preparation of any necessary Agreements. Final Design (1 OD% Complete) Upon making the revisions requested 6y Central Office Design Liaison Unit, the Cor[actor will submit new signed and certified sheets, as necessary. An electronic copy of the project's Criteria Files, Input Files, GEOPAK design files (_gpk) and each sheet in Microstation format will be submitted. One copy of the design computations and quantity calculations will also be submitted 5.4 Special Provisions The Contractor will be responsible for producing the Special Provisions for all unique items in this project oot covered in The State's Standard Specifications for Construction. Each pravisipn will contain a description, materials, construction requirements, method of measurement, and basis of payment for each item. Deletions from, and additions to, Standazd Specifications will be written and included as necessary. A draft copy (] 0 sets) will be submitted to the State for review along with the 90°/a and 100% Design Plan. An electronic copy of the final Special Provisions in Microsoft Word format will be submitted with the 100% Final Design Plan. 5.5 Engineer's Constmction Cost Estimate The Contractor will submit the Engineer's Construction Cost Estimate based on quantities and information at hand starting with the Intermediate Design (60% Complete), and all submittals thereafter. The cost estimates will use [he latest cost data available- An electronic copy of the cost estimate in Excel format will be submitted in addition to the hard paper copy. 9of14 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 ~J 5.6 Permits The Contractor will prepare and submit to The State for review, signature, and agency submittal, all permits necessary for the completion of the project, including permits related tv the new bridge conshuction. This tray include, but is not limited to, the Minnesota Pollution Contml Agency (MPCA) National Pollutant Discharge Blirnination System (NPDES) permit, Corps of Engineers (COE) permit, Section 401 Certification, Minnesota Wetland Conservation Act 1991, and Department of Natural Resources (DNIt) Protected Waters Permit. The Contractor will also prepare the Storm Water Pollution Prevention Flan (SWPPP) 6.0 Hydraulics Desieu Key Staff: Benzkofer, Douglass, Duane Hansel, Joel Hawbaker, Todd Javens 6.1 Storm Water Hydraulic Design The Contractor will prepare two complete hydraulic designs for all the proposed roadway improvements that are consistent with the final horizontal and vertical alignments, typical sections, and constxuction limits identified in the Final Geometric Layout(s). The hydraulic designs will also be consistent with any 5ndings and recommendations identified in the Environmental Assessment, in accordance with Federal and State laws, rules, and regulations. The Contractor will coordinate with the City of Hutcbinsou's hydraulic consultant, Barr Engineering. As noted in Section 1.1 and 1.3 above, the Contractor will deliver two complete and separate hydraulic designs covering the project area defined in Section l.l. One complete hydraulic design for the segment of TH 22/7 from approximately Shady Ridge Road to California St., and a second complete hydraulic design . for the segment of TH 22/7 from California St_ to Sd' Ave. NE plus the segment of TIJ 15 described in section 1.1. The hydraulic design will consist of, but is not limited to the following tasks a) Hydrologic analysis b) Determine 'valet spacing c) Determine size, length, slope and location of pipes d) Determine size and location of pipes e) Design of water treatment ponds and pond detail sheet Hydraulics Design review and approval A map showing the delineated drainage areas, the runoff factor for each area, the time of concentration, and design flows shall be submitted as soon as they are available. All other submittals and reviews will be done in accordance with sections 5.3 and 8.3. Drainage report will be a separate document that is a compilation of drainage design calculations including maps showing tributary drainage boundaries. 6.2 Sanitary Sewer, Water, and Storm Sewer Infrastructure Design far the City of Hutchinson The Contractor will prepare a complete design for the extension of the trunk sanitary sewer and water main lines from near the intersection of TH 7/22 and Bluff/Adams Street west to Califomia Street and the extension of related sewer and water services and other related work and appurtenances. The design will include sanitary sewer, watermain, and storm sewer connections on Lind St., Water St., lames St., and Glen S. between TH7 and 3rd Ave. NW. The design will be consistent with the City of Hutchinson's Comprehensive Plan. ]0 of i4 Eahibit A Scope of Services Mn/DOT Agreement No. 85553 Replacement of all existing water main and sanitary sewer within the project limits, plus any areas or details described above, will be included in the Gonfractor's design. The Contractor will prepare a complete design of a storm sewer outlet from the City's Water Treatment Plant (on khe north side of TH 7/22 near Prospect Street) to the proposed ponding area 1 block south and 1 block east of the intersection of Bluff/Adams Street, and the upgrade of storm sewer lines, as noted in the City of Hutchinson's Comprehensive Plan. The City's specifications will closely adhere to the (CEAM) City Engineers Association of Minnesota specifications. available at ~http://www.ceam.arg~. 7 0 Miscellaneous and Draina¢e Surve n Key Staff: Peter Blethen, Janele Powlds, Dan Pettis, Brad Krause, Jeff Hoffmann The Contractor will need to perform miscellaneous surveying to verify existirg data or to incorporate new data into the plan. Due to the age, and methods used for the original surveying infotxnation, it is expected that the Contractor will need to provide surveying services to extend, or update, the data to be provided by the State. This is primarily tme in regard to vertical survey data (cross-sections). The State's horizontal survey dais (mapped features and annotation) is current to approximately November of 2003. The Contractor will be completely responsible for all surveying necessary t[i design the ponds and prepare . the drainage portion of the plan. 8.0 Public information Key Staff: Huseby, Benzkofex The Contractor will be responsible for providing project information for use in keeping the general public informed in regard to project details prior to letting. The primary deliverables under this section will consist of one (1) open house style public meeting, and various documents and graphics for sharing on a Web site. The open house meeting will take place at approxhnately at the 50% plan completion point, and before the second of the two Construction Staging Workshops is held, or approximately in September of 2004. The State's Project Manager must grant approval of Ote open house meeting date. Electronic documents and graphics suitable for informing the public via a Web site will be provided to the State and/or City. It is the State's expectation that much of the documentation and graphic data created for public information purposes' will serve both the open house meeting, and a Web site. The Contractor will provide documents and graphics, as described below, for the State and/or City to post on their respective Web sites. The Contractor will not be responsible for hosting, or maintaining a Web site, only for supplying the specified documents. 8.1 The open house style public meeting task will include organizing the one (1) public infomration open house. The open house will be the primary forum for sharing current project information with the public on a personal basis. The Contractor, and their sub-contractors, will provide sufficient staff to allow individual assistance to be given to attendees in regard to issues and details within the scope of the Contractor's work. 11 of 14 Er;hlbit A Scope of Services Mn/DOT Agreement No. 85553 8.2 State and City personnel will attend the meeting, and provide assistance to attendees regarding issues outside of the scope of the Contractors work. In regard to issues and details within the scope of the Contractor's work, State and City personnel will primarily assist with the open house. 8.3 The City will make arrangements for a suitable location to hold the Public information Meeting, and advertise the meeting time, date, and place through local media, and/or mailings. . 8.4 The Contractor, and their sub-contractors, will provide documents and graphics for the open house that deal with aspects of the final design within the Contractor's scope of work. State and City personnel will provide documents and graphics, as needed, related to work net under the Contractor's scope. 8.5 The Contractor will provide general inforouttion.regarding aspects of the project which are of importance to the motoring public, but will give extra focus to issues that may concern local land and/or business owners directly on or adjacent to the project. The Contractor, with assistance from the State, will focus on issues requiring special attention, which may include, but will not be limited to the following: Retaining wall locations Right-of--way acquisition Retaining wall aesthetic features Bridge aesthetic features Construction staging plans. Signal locations Proposed detour route(s) New roadway alignments Landscaping proposals Further arrangements or special meetings that may be needed due to issues brought forth through the Public . Information efforts will be the responsibility of the State. 8.6 The Contractor will provide Web ready documents and graphics describing (text) and depicting (graphics/maps) the project and it's key issues as described above, beginning with the Initial Design (30% complete). As refinements and changes are made to design features, the Contractor will be responsible for creating updated graphics and/or text to allow the State and City to maintain current information on their Web sites. Minimum expectations for Web ready documents and graphics are as follows: Project description; including location, primary design elements, key dates Pull project layout graphics (recommend one project segment per page) showing proposed: primary construction layout, wall locations, signals, new roadways, key design elements Proposed detour route(s) map(s) Proposed aesthetic treatment graphics (walls, bridge) Construction staging description and graphics Contractor will be responsible for creating updated graphics and/or text to allow the State and City to maintain current information on their Web sites. The Contractor will deliver the initial series of Web products to the State at the time that the Initial Design (30% complete) is provided. The State estimates that each document and/or graphic will need to be updated three (3) times after creation at, ar neat, the Initial pesign (30% complete) stage. 8.7 All documents and graphics provided to the State and/or City for Web site use will meet the general guidelines stated below, or as indicated on the State's online Web resources, or as directed by the State's pffice of Communications Web Team. . 12 of 14 .~ Exhibit A Scope of Services Mn/DOT Agreement No. 85553 Maps, graphics and text documents intended for printing will be provided as Adobe PDF files. Maps, whether intended for print or online viewing will be provided as Adobe PDF files. Text documents for online viewing will be provided as Microsoft Word documents. The following online resources will also provide direction in creating acceptable Web products. CreatJng PDF files, and other tips ¢http://www.projects.dot.state.mn.us/info/pd£html~ Exporting maps to PAF format ~http://www.projects.dot.state.mn.us/info/mapexports.httnl~ Scanned images for Web use ~ bttp://www.projects.dot.state.mn.us/info/scanning.httnl~ Math operators iu Word [ http://www.projects.dot.state.mn.us/info/pdfstuff/mathtypeinpdfhtml~. 9.0 Protect Deliverables and Schedule The following deliverables dates are based on an authorization to begin contract work by January 26, 2004 and a project letting date of November 18, 2005. C~ 9.1 Project Management The State Contractor o Project oversight and direction Throughout project o Project reviews and approvals in a timely manner Throughout project o Project reporting forms As needed o Project status updates Throughoutproject o Copies ofproject correspondence and project data (see project data under 9.1.1) Throughoutpraject o Monthly stapes and progress reports Throughout project o Invoices, and copies, to the State for work under the State's portion of the contract. Throughout project o Invoices, and copies, to Ciry of Hutchinson for work under City portion of the contract. Throughautproject o Meeting minutes As needed o Project schedules and progress updates Thraughoutproject o Copies of critical correspondence and project issue data Thraughautproject 9.1.1 Project data to be provided by the State o Preliminary geometric layout o Existing topographic map o Preliminary cross-sections o Traffic Forecasts o Proposed Staging Recommendation o District 8 Sample Plan Sheets o Approved Final Geometric Layout Expected completion 13 of 14 Upon contract execution Upon contract execution Upon contract execution Upon contract execution Upon contract execution As needed February Z, 2004 Exbiblt A Scope of 5ervlces o Environmental Assessment -Draft Expected completion o Design Recommendation Letter Expected completion a Right-of=-way map Expected completion o Foundation Recommendation Expected completion o Bridge Plans Expected completion o Sigpal System Plans Expected Completion o Lighting System Plans Expected Completion o Survey Control Data 9.12 Project Data [o be provided by the City of Hutchinson o Comprehensive Sanitary Sewer Plan prepared by Earth Tech noting required capacities and locations Upon confiacr execution o Comprehensive Storm Sewer Plan prepared by Batt Engineering Upon contract execution o Copies of plans for existing utilities. This data may be incomplete. Upon contract execution 9.2 Utility Coordination Mn/DOT Agreement No. 85553 February 2, 2004 February 2, lOD4 February 2, 2004 March 1, 2004 June 2005 June 1005 June 1005 Upon contract execution CJ The State o Templates for correspondence As needed o Technical Ivlemo D1-02-TS-02 Upan contract execution Contractor o Preliminary utility identification letters As specified in Tech. MemoDl-02-TS-02 o Utility Coordination and Plan Content As specified in Tech. Memo01-02-TS-O2 o Final Utility Verification and Information Letter As specified in Tech. MemoDl-02-TS-02 o Follow-up responses to letters above As needed 9.3 Final Design (See Section 5.3 for definitions) Initial Design (30% Complete) PRODUCT DELIVERABLE DATE: Apri130, 2004 Intermediate Design (60% Complete) PRODUCT DELIVERABLE DATE: November 19, 2004 Final Design (90% Complete) PRDDUCT DELIVERABLE DATE: March 25, 2005 Corrected Final Design (95% Complete) PRDDUCT DELIVERABLE DATE: May 28, 2005 Final Design (100% Complete) PRODUCT DELIVERABLE RATE: August I, 2005 9.4 Public Information open house Approximately September 2004 14 of l4 ~a ~,. .~ . ~ ,~ ~~ . ' , ~~ i i ~~ ~; ~~ G - L ~' ~ i_i p ~'~, ~a 4~^i ~ ~ '~,, pC1 ~,, N ~, 4 >`t' ~~'~ C.5 X C 7 a~ 1 ~'.. _ Z gam, WN C ,C 4 C r. ~ G ~ ~ ~ ~ .~ " 4 ' n ~ ~ ~ i ~ ~ ~ t ~ ~ qq;~ !w , °CJ 4~1 ~ +M ~ ~ ~6 ~C iA ,~, 1! .$ «a~ ~ ' .~ C ~ ~ ~ ~ ~ C , MGC " fi ~ ~ ~ ~ ~ w ~ r ,~ r~~i H~~ C S°~ ' CG RC ' C' C Gl '~,;. GS iL C . W o r ^] «~ C N 'J ~ n Sip Y~ .. 1' t n ry~, L_ ~ ~ ~ ~ J ~ ~F.. '~ G ° ''y" ~ ~ ~ w ~C iy ~p5ry, ,. rri +1 1. ~. ~ ~a~ vy ~i .~ ~ ,~} ~ ~ ~. ^ ~.n xM ~ xmx ww ~ Exleibit B -Budget Agreement 85553 3AI cwt Coe~structian P]en Sheers ~ ~ 4 Protde She t 70 70 180 329 e elevuion Sheets 16 4p `~ Sturm Sevin Plans end Profiles lfi' 2y ~] Tem Erosienl Sed'wea¢Co¢hol Plans 24 70 140 279 TurF Eshhtlahme¢t and Permme¢t Pmaimtl5edime¢t Caeirtul Pla¢s 8 24 32 I lace Drain eTabulaUOn S 4U 8p 128 Pro sad -aaina Tabulation .H d0 40 88 Permanent Stri in Plan 8 ~ ~ IDB Peamaent Si in Pk¢ 2U ~ ~ 100 National Weelmd Invtado ~ ~ ~ 120 Cross Seetiw Sheets 10 16 26 3A2 Ca¢rdi~[ion wish State Fon¢dation's V¢@ 8 ~ 280 36H 3A.3 Coordioatiwtwidt State Hri C1f5ce 8 8 16 3A,4 Coordination with Stale Traffici]¢it 8 lfi 8 32 3A.5 Coordinazio¢with Stare Li Vnii 8 8 16 1 8 32. 3A.6 Coordination with State D-8 Ri of W Sxtion i2 4 8 32 3A.7 Co¢rdinatio¢with Sta[c La Ifni[ relimi and f¢nl 8 24 16 24 ~ 3A8 ASSEMBLE CONSTRifI-1lC1N PLANS FOR SIfBMIPTAL 16 w 30%Submittal d 8 l6 0 6p,5 Submi[~1 9 8 16 ~ 90X Submi[m1 4 B lfi 20 95565ubmitbf 9 H l6 2p ~ 300355uhmiml 4 6 ifi 40 68 3A9 Pre are 5 ial Provisions sets 60 100 q0 ~ 3 A.10 Pre are 'near's Estimate oCConsrcuti¢¢ Cos4 4 times for eadt m set 4 20 60 200 2 86 240 3A.11 P and Sabmi[ Petmiis 2gfi 24 8 8 40 3A.12 Pfectrortie Sks to Srate and City x(25%Ci of Horch®tsan] 4 24 3A13 AttendancertPreLoratructio¢M 4 4 28 g SH CONSTRVCTIOIV STAGING 0 0 Staff: Bas Chram and Ha¢~wfer 3B.1 Consirtsctlon Stu in Works rsteesm ' " 2 16 20 g ~ qfi 3B.2 Dave [ S o Plans 8 20 60 SW 268 3B~ P Construction 5 "a! Proriaws ~ 6 20 28 0 ]C MQMC1PAL trrrr rrlnc•(a113Ctasks are Cary ad BotchLa¢n] 0 Staff Svff 8enakofts aaW Gk¢Covdr¢¢ 3C,[ Mu¢ic' [ Vti]" Cl~i Kirk-0ffM & eratiw mchded in P§at 1.4 ~ 0 3C3 Caosdbrotl¢o wWr Ci of Htdchi[uw mc8adedm Teak I, 0 3C3 Mu¢ie" Valires Des' Mem¢t>md¢m 30X 1 ; qg 40 8 97 3CA PLAt15HEET DEVFLOPMPNf 0 Sntemen[of Pstimaeed ~ 4 12 16 II Cmu4uc[io¢ Ntstce I Sundmd PfaDa 8 8. 15 1i Tahulatimn 16 24 411 Miacelleneaaa n";h: 8 8 16 Rrm¢val Plan and Tabulatimn Ifi 32 48 C' Sam Serer a¢d Wafmvuin Plans~Pmfila 4p 80 210 3fi0 3CS ASSEMBLE MUN[CH'AL VRldTDS SHE613 FGRIlIE REVIEWS 0 Intermedate SuhmitW #I 1 4 8 13 l.,e....,..rr. Suhmiml F2 F 4 8 k] Page 2 of 4 i Exhibit B -Budget Agreement 85553 ]C.6 V aze Munid Ureli[ee Deal hteo[ormdmn m q Ifi 3C 7 pse are S 'al Pmvi i 8 8 ~ . s om 8 40 ]C.8 are "neefa Faavrute of Cans¢ucsien Cost E 4 i6 24 72 3C.9 and Subrni[Peami¢ vKludedm Task 3A.il 21 3GI0 Desi for Munk' fSLare ofMuoic' Slrcets l0 ~ ~ 70 3D BUILDING REMOVAL K Stall: Del 3ackm BenakoFer Mode Kimble 0 3D.1 Sile Visit IMmsuremenffi l P!wlos 3D.2 Coordination of Hanrdaas I actions ifi ~ ~ 3D.3 I1eve Build' Removal Plans and Tahulatiwo 4 8 ' 8 3D.4 Hoi Removals Prwisiom 4 4 8 24 b .n 4 56 3E RETAINING WALCS 0 Sla1r: Beoaksfer Ioe Lkmae HI 0 3E.] oc Cumdinatioo fa Retairdo Wall Plaao sec LHB cost sa 8 lfi 2q SUBTp'rAL HOFina-TASK3 30 212 lll6 1336 410 F956 0 20 i32 5214 4.0 HYDRAIILIfS DESIGN K Stall: Heezkofer Dou ua Duaee Ham dotl Henbakar Todtl Iavees 4.1 4.2 4.3 d.4 Evalumion ofPoten[ial Water li IReunRCO Sites H dmk 'c Ao 's oFAffected Watosheds Storm Wafer Plannin and Ci ISta[<CamdinatimiM included m Task 1.0 P¢limi Sfom[ Watt' PondrlVater Basin Deg 4 4 3 q q 3 8 24 36 8 i2 24 32 ~ S4 dS 4.6 Preluni Catch Basin La and Canv Sirm Final Beo~m Water PaidlWaw 1" Basin Deli 3 4 3 ! 3fi d0 36 40 76 88 4.7 4.6 Final Catch Basin and P' S' ' Te Emeioo Cooool Plan Recam[oeadatioos 6 2 6 2 d0 lfi 40 91 20 d.9 S[osm Water PotlutionPmemiat Plae 2 2 36 2 2I S1fBT(YPAL 80UR3-TASKd 0 28 ES 2i6 0 136 0 0 2 410 SA DRAINAGE AND MIS.,P~[ u*re0115 SIfRVEY Stall: Pe6er B1eHiea 7acekFOwlda Du 1Ntla Brad Leff Rottmuri 5.1 Utilities seal Sire TO h 80 16 120 216 SJ. Drama 40 4 60 104 SUBTOTAL HOURS-7ASK5 0~ 0 0 0 0 l20 M 180 0 320 6A PUBLIC IP780RMAT30N Staff: Rose 8esakafer fi.l House ~ (104L Ciry oFHutchinam[] 20 10 24 32 ~ 4 .120 fi.2 Wekeke H[foxostion a 10%Ci oFHuWiinson) 4 20 42 W 24 4 138 SUBTOTAL 8Q11R5-TASKfi 4 40 82 68 56 0 0 0 S 258 won aokr noted wits u ukrLk ve m ne ksoicea to Cfy M Ha[.>,i..... Page 3 of 4 Y Y Exhibit B -Budget PERSON-HOURS AND FEFS - SUMMARY TOTALS FINAL DESIGN PLANS FOR HIGHWAY ASPROVEMH~TfS -TH 7l22II1 HUI~CHRVSOFF Agreement 85553 PRAIECT PERSON PgUR3 : Fiml D:agOPlans-TH ifl2 i¢HUkEmem 5~« Mem6erl Pmjat Prujie[ Okci n ~0C Lug ask Tiv. Wak TssY Desvi 'oa ~~~'. Coobd Ea~~ g F Eo~aetneg T_..... ~ Laod Surrey Cme Ckricel Total Hwm Tolal ~ Ca61 PROlBCT MANACEhIENTfCOORDBiAl?OTi~MEE71NG5 ' 100 424 366 40 0 32 0 p 16 976 53393i0p 2 3 [f1Yt1Tl CDORDMARON FIIJAL OES[GN 0 30 6 2l2 10 I l16 Y6 1338 9 419 94 1954 0 0 0 20 0 l32 ~ 338 5219 33 AO 3135 54 4 HYDRALLiCS DFS34?! 0 28 2A 216 0 13fi 0 p x 430 fE0410.D0 5 DRAINAGE AND MISCBifANE0if5 SLRVEY ~ 0 0 0 0 0 120 24 180 p 320 Sll}20.00 6 PUELIC L+7Fl7RhfATION 4 40 ffi 68 56 0 D 0 8 258 >7 8.00 TOTAL HOC7L5 ]34 710 1fi02 1688 44fi 2340 20 200 156 ~ 73[8 AVERAGB HOURLY RATS 338.00 L38.00 533.00 325.00 125.00 32200 330.00 f4GW 515.00 TOTAL LAHOR COST f309T.00 326 80.00 354 66.00 f4 .W fl! 50.0[1 351480,DD 3600.00 S9 AO 70A0 438.00 OVERHEAD 137.103E L3] 030.!0 FIXED FBE lox Ssxatsal SUBTOTAL 5573 14.91 8CP8NSFS dtinafed ma18 rlado Ne ~ RETAINING WALL DESFGPI AND P1.A3i3 Ine - 187 70 PIA7.ARIIOUS MATFY1ai ¢I7i5PLCTION malnE¢erch ss w TOTAL Feb IS.fI 4 of 4 i ~ • ,. M • Mn/DOT Agreement No. 85553 CFMS Contract No. _...._.. . Exhibit C Invoice To: Consultant Services Minnesota Department of Transportation Transportation Building, Mail Stop 680 395 John Ireland Boulevard St. Paul, Minnesota 55155 To: City of Hutchinson -City Bngineer Hutchinson City Center 111 Hassan St SE Hutchinson, MN 55350-2522 Copy: Kelly 13ntnkhorst Project Manager Re: Mn/DOT Agreement No.: 85553 State Project Number: 4302 - 44 r....... n-...r.-_ 1,.. OMS Estimated Connpletion: (from Column 6 Progress Report) Period Ending: Invoice Date: INVOICE NO. Project Description: Final Design Plans - TH22/7 at Hutchinson Ttvnk Highway: 22/7 - - _ --- ---- Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice 1. Direct Salary Costs: $202,438.00 (Sae Exmroit B for breakdown) 2.Overhead Costs. Rate=t37.toss $318,030.10 (Direct Seteriet • t]verhead Rate) 3. Fixed Fee (Proflg: toss $52,046.81 (Fixed Fa = S • pereent complek) 4. Other Direct Costs: $95,800.70 (Anach support documenmtion fm auhconlrar[ars end / or diract cxpemes) Net Earnings Totals: $668,315.61 (State total ma%imum - 5602,457.63 fSty total maximum ~ 563,837.96) Total Amount Due This Invoice: _, For State Use Unty 1 uGrul)' ulcer we nuurc aw.waawa. as .,wawa a«.w payment has not been received. Signature: Print Name: Title: Billing Address: Bolton & Meek, Inc. 1960 Premier Drive Mankato, MN 56001-5900 Telephone: (SD7) 625 - 4171 Approved far Payment: CJ Agreement Adrttinistrator 1 oCl Date Rcv. S/02 MdDOT Contract No. 85553 To: Belly Brunkhorst Project Manager Fmm: Jon Huseby Balton & Menk, Inc. For Invoice no.: Contract Expiration Date: October 1st, 2[?a5 Type of Work: Final Design Plans State ProiectNumber: 4302 - 44 Project Description: Final Design PLms - TH2.217 at Hutchinson T.....b U:..1........ 11!^i ENGINEERING ESTIMATE W askDescriptian of Total CQntraft % Work Completed Period % Work Completed tO Dafe Weight % Completed Period Weight Work Cto Date Hours gadget Floors Accrued This P~'iOd Total Hours Accrued To Date % of Budget Honrs Uaed 1 2 3 4 5 6 7 8 9 10 TOTALS: I certify that the above statement is correct: Contractor's Projec# Manager Date Approved and recommended for payment: State's Project Manage; Date If Budgeted Honrs Used for task exceeds lU0%, attach explanation. This payment Progress Report nmst be submitted, within five working days after receipt, by State Project Manager far payment execution. Rev 7103 ESS l Of 1 • i ~ Exhibit D Progress Report F©rIn CFMS Contract No. Billing Period: From ~ to a C u Ilutchinson Cit Center 117 Hassan street $$ Hutchinson, MN 55350.2522 3211.587.519r/Fax 320.234.4240 A. V ~ iLJ .l - ~ ~~ 1~ .~ J IVI TO: Mayor and City Council )H'KOM: john P. Rodeberg, Director of Lngineering/Public Works ItE: Consideration of Consulting Contract with Bolton &Menk for State Iligktway 7 Improvements DATE: January S, 2004 ® A(tached is an estimate of the costs of the city share ofdle consulting contract with Bolton <4c Menk Consulting of Mankato related to municipal infrastructure improvements to be uicluded in the Minnesota Department of Transportation (Mn/DO"I') contract on the State Highway 7 irrlproverrrents proposed for 2006 and 2007- The actual contract should be delivered to the Cityprinr to the Council meeting, and we would like to expedite the process so that design work can begin as soon as possible. I have represented the City on the consultant selection process and in the determinatien of costs that would be the responsibility of the City of 1lutchinson. All processes have peen fair and in the City's best interest- I recommend approval of the contract far consultant services with Balton &Menk and Mn/I)O'I' for municipal improvements related to the reconstruction of State Highway 7. 9 (d) Printed on recycled piper - f"^ ~ ~~ .. ~ ~,"' ~ i ~ = ~, i~, 1 i .- - r4. ~~.:~ - ~ - ~~ ;' ~ ~I • ~ M ~A~ ~,~ ~ ~ J ~ ~ i F' J ~~ ~. f ~_ I ff /y µ~ L ~ y y L,~ ~' ~~yy r r ~ Y y ~'"" , ~ ~ p~~yy~--./ I"w ~j, ~~ ~ ~ ~P~^Mi ' I h` r~ i i { tel. - ` `.~ .`.7 ~, • s Exhibit B -Budget Agreement 85553 3,a.1 [cant] Ali nncnt PLn a_nd Talra]a:ioau S Ir. laze To a E , J[ils -and Ai cot R'a~r p Recraval P[azcs 2rd Tabulations Cora!cuei:n ?]an Sheer 'ACaeua ~ ?:cfi le $ieeLs $a ea.wazim $beet :Stain Ssaer ?lass and Pref es :Tev exaw &:~ior.+Sedcoen[ Cea;rol Plans TurF Esah:isemenrod Permaaen' &usimci Sediment Conivl ?loos ]n laee Drtina a fabulscion Pm used Dmuu e Tab'iazics ' Peneanent Sni in Plan - Pennaaeu 5 in ?]an tia[iona: Wetland ITVLllO[l' Lta Cmss $c[iun Sheels I SA.2 Coardina;wa a•ifi Srace F: v_adzian's Unit ' k13 Cmrdina'san with State Brd e 01fce 3 a.q CoordinaUOn vnth State 7cafHc Joi[ 3A 5 CtosGinazicn wnb Stale Li htir. Uri: 3.5.6 Caordinatia~ wiRi Sale D-3 R: 4! cF W'a ~ Sectim I 3.S.i Cxrdmaaca witki 5iace La~dscaoin Unit :eGmi~aw ail na~all 3A.S .755Eh".3LE COti STRUCT:O~PLANS PORSL'BMITT?.L. : 30`M Scbacit-al .fi054 juimcc:al X 90% Scbachal ~ 95`.5 5 uimiua I G/'k Su6mi[ta: 3A9 3A 10 ?rc ~re5 ecial Pmrciors f"<se1s1 Pm-are Eip:nec's Etmtaffi o[Cors'r-~c:ron Cosl f4 [iaes for each Dian sGl [ 3All Pre^are ar.: $uc:nit PemcU 3A.12 Ele:[mrie `:L^s to SLCe and CS '4,M of lu3sE1 6 ~ 3A.13 A1'eidance a: Pro-Const~action !.tee':r. i 38 CO[tiSTRIICTfON STACSNG Kev 5[aRaiueebv Chrnm' and Henakafer 381 • Censtrue[ion SW in Nx1sSo ' 2 merrn ~ ]`32 'Develo Canstcuniea $[a m PWns ?63 P:e am Canstruc[icn 3ra in S era] Prosisons ~ 3C HUNICIP.1{. UTILITI ES SI na°. of grlal ' 3C.1 K ' SfafF; SarR. 6enxkofer and Glen Coudron hfun::: I Utili cV fksi K1CL-OCi 7.{erin ffi. Prcazation "ixPrded ir. Task 1.4s 3C.2 Coordinacioc wrth Oh o:I-L[r iiric2 ri~duded :r. Task l S 3C.3 hfuni,: I Ucikks Dens n Memotartum 13054 ianl ] 8 qC q0 fi 3C.C PLA1v $HEE7 DEV~OPhfENT $tatenen[ of Estimakd uzi[ities 4 12 ]d 32 COnSCV LhOn Yo[es. Staiilud Places f g g lb "T,5 '7abcla[ions lfi 24 4C Ma:e]faneous -etai3 g S - 15 . Reircral Pions and Ta6ala:iors Ci:r Sani:a. Sewer and Na[envin Plans aid Profiles 30 16 SV 12 2qp i qs }~ ?C 5 :LSSEh!7LP h:JN[CfPAL UI[LI7fE5 SHEETS FOR NTERh{EI)IATE REL'fEWS L termedute Submithl kl ] q 3 [3 ]n[ermedia[e Submittal fCL ] ~ 8 _ - 13 Page 2 of 4 Exhibit B -Budget Agreement 8553 3C.6 'U date hfun:ci 't V[ilS[es Des: r. !dernorz dum '9ff?o Ian 3 i6 $ g 35 3G? `P:e atx Scecial P:co:sims $ 4G 2q ';? '_~C.fi P:e are Fn lacers £slimate of Cons[vc!:on Cost ] 4 iE 2; ?C9 P:e are ~'rd 51:bmit Penni[s (iuc:uJed ut Task 3At t! 3C.10 Des: for Munici el Snaze of Sfunin ai S:reee l`u 2.7 qa i ?- HUILB7€VG RESfOVAL ' K Staff: De] Jacl:mao. Be v3wfrr Linda Kim67e _ 3D1 Srte Vsit r Me=sutemeris i Photas 3D 2 Coordination of flazaz.'.eus G aeons 3D 3 Deve€ Buildin Removal P:aos and Taiu:a[ions c i-.4 Pte a:e Smldlr. Removal S ciai Aonsions 'r ' 3E RETAINIf~C R'ALLS Kev Staff: BenakaFer Sce Litman IB Iec. - 3E.1 Coo:dinazien [or Reta[nio¢'A'a€I P:arss see LIIB ws[ oral SCBTOT.~I. ifOCRS -TASKS 4 25 2qE l28 6 432 0 0 qq 7?I 9.q HY"DR.1ULfC3 DESiCtV Kev SIaR: 8emkofer flou lass Dleane lIa nsel Sort flaxLaker TodJ Jas'ens _ _ =z, 4 1 'Lvalua[ictn eF Potvntul Water ahN•2e!eam?n Pond:nx Sites 4 ? I Hvdmlo :c Aaa]vsis of A1fee[ed W'a~etsheds I Stonr. Wata Plannin and Ct 151a:e Comdinalien h7eels (io::nded in Task LOl I iA Prelimioar~S:onn W'aty POnd•'1"eater a]if~Bazia Desi~ L$ P:elimiaa. 'Catch Sazin La ou[ and Cenvevance P: 5¢in 4.6 Final S:onn Watt PondAVa[er ality Bazin Desi Y.^ Final Gtch 3azin Layout a,d Con re Pi a Sian t 6.8 Tetr. ~ FLCSiM Con[m[ Plan Re,:raomendaCtms Y.9 S:onn Want Po Ruben Pre+•en[iea Plan SUIITOTAL HOURS-FASK4 D 0 V 0 0 0 0 V 0 i S.D QR1I[4AGE:I.VO €.IfSCELL.4~FOC5311RVEY Kev Staff: Peter elet5en 3anele Fow3ds, Uan Pettis. Brat Krause, Seff NafFm ann it Ghl rttes and Sde To a ' 5.2 IYaiaaxe Surveys SCBI'O'r,~L IIOLtRS-TASKS q 0 D q D d 0 0 0 $ U fi.9 PUBLIC INFOlLiL1TIOV Kev StatT: Plusebr Benadwfer _ 6.] O en House [,10°r: of total 2 q 1 3 ] ]] 6.2 W'e6site LFo:ma:mn fib°o of iota€1 ] 2 q q 2 , 7 7q i ' SUBTOTAL HOURS-T:LSK6 € 9 8 5 5 0 0 0 2 25 Page 3 of4 i • Exhibit B -Budget PERSON-HOURS AND FEES - SUM~4.4RY TOTALS F]NAL -ES[G~ PLA\ 5 FOR HIGH W AY D4PROVEhtEYTS - TH ?f22 fti HIITCHIN50\ • Agreement 85553 PP1LSi]N HOURS _ - -- - j PRO]ECT: F'.na] Dcsign Plays ~ r}[ b72 in Hurc6inwr. Sen:w ' hlanagcr.+ Pmject Pmjec[ Dssign Senior Prgneersg ~ [.:ccraM ~ I I Lolal 'Task .~': watt Task Bcscri fort ~ Quality Coo*ol htanagcr I Eng!nee; Erg&necr Ea®nerng '.'eciudcun Iecluucian [aid Sarre}nr Sancy Crew Clnical Total Hou: Ccs[ ' ] PROIECC?.SANACEhSENLCpORD7VAT10S+:.fEETINGS _ 8 l6 7 0 5 ~ 0 3 38 SI,199AG 2 UI]L[IY CDORD]NAT[ON 0 D 0 0 0 0 D 0 0 SO.OD 3 F[\AL DESIGN 4 ?5 206 l28 5 432 0 d0 __ :'] 521 35..00 4 HY DEAUL]CS IJEi[GN 0 0 0 0 0 0 0 0 50.00 5 DRA]NAGE AND M1f1SCELLANE0U5 SGRVE?' 0 0 0 0 0 D 6 D u 50.00 6 PUOL7C [NFORh1A7iON t 4 $ 5 5 D 0 0 2 25 5714.fA ! TOTAL HOURS :1VERAGE IIOURLV RATE TOTAL L,{gOR COST OVERfl E.1D ]0 538.00 Si80.06 3? 538.00 51 405.00 230 533.00 Si 590.00 133 525.00 33 325.06 ll 525.00 5275.00 438 522.00 59,636.00 0 330.00 SO.CO 6 54fi.00 SO.DO 45 515.00 567500 904 !57.101 ~ 523,287.00' 536,583.85 E FBKED FEE ]0 % $5,987.09 ' SUBTOTAL Sfi5,857.96 i EAAP,65E5 esHmared ma€lia rinHn ere $0.00 RET.IiM6G SV'ALL DESiCN AND PL,iVS LI[R [oc . 50.00 IbVT {RDOUS 6IATERL{LS INSPECTfON Braun [oieeeech) SO.OD s TOTAL FEE SEA 857 96 4oF~ RESOLUTION NO. 12334 RESOLUTION CLARIFYING IMPROVEMENT3IN RAVENWOOD WEST BE TT RESOLVED BY THE CITY COUNCIL OF THE CfTX OF HUTCHINSON, MN: FINDINGS 1. The property owner has previously been approved for a final plat known as Ravenwocd West. 2. At the nine of (anal plat approval, the agreement identified that the developer would be privately constructing a majority of the improvements for the development. 3. The City has been informed that the developer will not be constructing the improvements and is requesting the City construct and assess the improvements to the subdivided perty 4. The legal description is as follows: Lots 1-21, Block 1, RAVENWOOD WEST, according to the recordedplat thereof 5. The plans and specifications for the improvements have not been completed; therefore, the City has not farrnally assessed the described pnpetty 6. This resolution indicates that there will be assessments on the property. C~NCLiJSION The City Council hereby has determined the following: 1. The properties will be assessed for any and all improvements relating to development costs. 2. The properties will be deemed to have "pending" assessments and will be assessed through the 429 process. 3. The City Engineer shall determine when it appropriate to issue building permits within the development. Adopted by the City Council this 13`s day of January, 2004 ATTEST: Gary D. Plotz City Administrator Marlin D. Targcrson Ivlayor L.J ! i • RECEN~4 st~a 13~zon~ ~ o{ r, L. $~'ir I'r"i. sue: ".r+. n s rw.errw.w .a. d .+v ~.~ w n.n d ._____~ ~.~..~.. '~..lw_.. oriwn~wrlr.ar... aO ~.r / ~o m ~ ",~R" I - _ _~ ~ ./ ~S.VBEY.It c! \ ,, 9 ~\ ~~ v ~•_ RAVENWOOD WEST ~ ~ 'lule~tmeo ~ 1 :, 'L .n.+u ral n ~r nie:ftvlc a• omab aiM..M. x. li. le.. Y.•ewa Cwp..wn M au.. and Ir O.IM a fr.r.a.• aAOpr~. YMr! W ~ n M wale wilgr. N b Mha! w.vL.I nrlab WnY 41r Mn• N e1Lwd O.. i! ~ ~. \ ' lr i T.. /~. Y,/TIIxx..-.S,ti{ ~` I ~ ~ W.., I~aE11.fW...iNi.. IY ~swIa X..,f. fM[Mwi lYwaY.'liW wlNNIaOp Re£1Rm IEf4 nib nlm ..un.i{aYn.nln aFl Y l !Y~ 6T( ' \ 1YCILYJi 'IY I Y I ~ F5fkI1E ~ r t R T i4 NY M wgAlluc iN M. Mli fw wiwnr aYau IW 1411r pelrii eC uir Iflia• a4. 1 ~ i en IIOY! eve riu Yu e • f N' 1." ~___ _ ! ~ . i..vbrea .rra aw d.ekl lelnim le. fl. Yw o lawxn dOr.we fO..nr. lp. iw..( bw •ar.l. Y w i4ra y m .Mr +li fa+ som H M n l M ~t ~ .may /r °°°LLL"' a a.wrY1C _ i ~ . v e .a m aNmn.Irt nal.euxsn Wre r~mm~ier a.no+lln r exim. >v w. _ W .l ~. LCl6 p -~ y / ~.'IT0.F ` 3~~711 I ~ S C a ~ ~ ~ pnYi MUaW e~Yl~~i. IC NO, 5 } ra~ • .- I9 vi nr• _ m n.+w.e ~ \ Y ' ~ ~ V ~i fp I ' • - 11mr c 0.V.gi p.l. a IY1..e Y 0 m` ` g e1} e YAIE CF NB!!l!A CWlY6 m. r .Y ..wru . NMM M wn Y ~ ~ l 1 ~ gr ~ y e a n a l O i •e .r_ eaa V 4. O.nH.alCMhO VnbwY w. u. fa. o Yr...e o.war. a Ye•I N e..rri.-il. j S ~1 D qr<i 1 ~ ~ ~?¢; l '} Sl m YM! ~ ivl.Yrl.Ww ! f fl~l ~ ~ ~ ! { 1 { Ie \ ~ _ • A . ^ ~~ k f9rtF V W~lb ewvrt v umo •\ ~~ l 1 lu til.fMrf.aOa.. ay .6r.ipnr{rM1.a •. Mi _.bM Om.k M.MI F. RMNti MOwL IL OY..~I.iww e.•Mi rr... wlw _~ \ 1l ~ ~ • Y~ ~ ~ ~.,,F i1.ieS Y.O.b lbws vwlN Of lw.lp•q.e fYeRY w~.laOwreWFlppm ~.[py qn NilYI WlRlnwrllib f+.r.r. l.u a dm.ur w d... o ro s> Y l.~ w rrb.YU at a f.t m Y eewYm YT. w.i p.n n Ilisw.f aihR 9u o~iegla~Fiiwi+nb6'4iyeMdYr1>I H11s i~nwfi enYWa WCe^1O3 (C ~~ ~~ff~~ ~ i ~. ~~\i~ Y • . IJl. l.w/111 ~Y.~MM4M.1 ilrrMwilew \_. ry ~ a " k i ~ `i +lfe a fw.lud fwi.~+Y.r. u.n. r. sud. m k ,r, an° "•~t~ S ~ m~wlr~m raa" ~ j E9y 'l 11 ~l Et~/ ~ wip.fi <.~Orni ar .......w bawa r fr _ b.1 RW.li drly'1 qrA lard t W .i MNr W.raurlir rwli.YUVr ][.Smi ~~~ ~O ,~~' Sms T".l"'' ~ ~ , ~A ~ + ,.I...eblw rlwan.....wld nnwlln.w..r....~.....a lA..x. i. n. _.a. il,_~mw. pp L oea 9LOC1C 2 ~ IXRLOTA L `'F NMn1S r.YbMahi_b.f -S'IB. L. PM1 Owl OIMWr.IYfii.•~Na.ld [/Ni 1 YOM. bFib_~ LL IIIeY4•ir. ~liluOia flbr ti.M aaOM iRY IIY __ W r .lVll ~ ~ -rw. r+ad osq. ~ou.le 41PL~TIfp 3YM0 wh W.M1a Yr _~ n h. 1.1 f.OW Milan n.Y 1He.•.IIWIO C.ib.ltliR ' I C.Ai fMh IIP OIl IM H '19} ai Ytl Y l--x p Ib~PCr111V IY[Y1w h INNI= JNi ri 6P4 ~•Mr. rH.J Oe~Y e~~ C~ ideM MEMORANDUM TO: Mayor and Council FROM: Steve Madson, General Manager DATE: January 13, 2UU4 RE: Out of State Travel Rc ucst This memortuidum will serve to request authority for City Administrator Gary Plotz, Site Coordinator Doug Joluison and myself to travel to the State of Virginia fur the purpose of observing a plastic de-bagging machine. 'T'he Scarab plastic de-bagging machine is new to the industry and this is the only unit currently in service. As you know, Creek Side currently has nearly 17,000 tons of bagged leaf product in inventory from the Minneapolis contract, Consequently, if this machine would perform as advertised, the savings, both lime and money, would be enormous for our operation. The only distributor for this machine is TLDO Equipment of Burnsville, Mimiesota. RDO will provide the transportation to Virginia al no cost to the city. I recommend approval. r~ 1~J ~ Memorandum 1'O: Mayor and City Council FROM: Brenda K. Ewinii•ector of Human Resourccs RE: Director of Police/Emergency Management Selection Process DATE: January 12, 2004 The application deadline for the position of Dircctor of Yolicc/Emcrgcncy Management was December 1), 2UU3. The application materials have been reviewed to determine which applicants meet the minimum requirements. Prior to the advertising for the position, it was determined that the interview phase of the selection process would occur after the holidays or in the current month. To go lorward with the initial interview phase, staff is requesting that the Council officially appoint an interview panel to conduct the interviews. Staff is also recommending that the • following individuals be included ou the panel: Mayor Marlin Torgerson Robert Bowen, Hutchinson Police Civil Service Commission Chair Crary PIoG., Cily Administrator Marc Scbora, City Attorney Brenda Ewing, Director ofHuman Resources Additional appointments are at the discretion of the Council. The paziel appointments will be reviewed again when we reach the finalist phase of the interviews. it is respectfully requested that the Council consider the above request and recommendation. cc: Gary Plotz, City Administrator Marc Scbora, City Attorney Robert Bowe~z, Police Civil Service Commission Chair PUBLIC NOTICE There will be a joint tour and meeting of the Hutchinson Planning Commission and City Council on January 28, 2004 from 3:30 p.m. - 6: 00 p.m. The tour will include sites in Hutchinson which were on the . Planning Commission and City Council agendas for action. After the tour, the boards will meet at the City Center for discussion. ~i J R55APPYRV CITY OF HUTGHINSDN B Check Numher AP Pa ment Re ister with Voids Check Dat 12/30/2003 - Ck Date T e Check # Vendor Name Amount 12/30/2003 PK 120492 " 119428 ADVANCED BAR CODE SOLUTIONS IN 240.76 12/30/2003 PK 120493 101876 AETNA VARIABLE LIFE ASS. CO. 855.00 1 2 /3012 0 0 3 PK 120494 101919 AMERICAN FAMILY INS CO. 137.10 12/30/2003 PK 120495 118868 BELTRAMI COUNTY GOURT ADMIN 100.00 12!30/2003 PK 120496 104427 BEST W ESTERN fi95.38 12/30/2003 PK 120497 102095 CASH DRAWER #4 14.86 12/30/2003 PK 120498 119659 COMPTON-KARL DEVELOPERS 2,000.00 12/30/2003 PK 120499 102450 DOSTAL ELECTRONIC'S CENTER 39.90 12!30/2003 PK 120500 105469 DUFAULT'S BUSINESS FORMS 251.78 12!30/2003 PK 120501 104022 EVEN-TEMP CONSTRUCTION 3,425.00 12/30/2003 PK 120502 101875 GREAT W EST LIFE INS. CO. 300.00 12/30/2003 PK 120503 101872 H.R.L.A.P.R. 245.55 12/30/2003 PK 120504 117921 HOMETOWN SPORTS 435.00 12/30/2003 PK 120505 101869 HUTCHINSON, CITY OF 3,569.50 12/30/2003 PK 120506 101869 HUTCHINSON, CITY OF 137.00 12/30/2003 PK 120507 102633 HUTCHINSON, CITY OF 5,339.84 12/30/2003 PK 120508 102635 HUTGHINSON, CITY OF 544.31 12/30/2003 PK 120509 103099 HUTCHINSON, CITY OF 58.33 12/30/2003 PK 120510 101873 ICMA RETIF:EMENT TRUST 3,747.23 12/30/2003 PK 120511 119658 KELTGEN, CARIA 35.00 12/30/2003 PK 120512 102489 MCLEOD COUNTY COURT ADMINISTRA 47p,00 12/30/2003 PK 120513 102449 MINNESOTA GHILD SUPPORT PAYMEN 913.23 12/30/2003 PK 120514 10282fi MINNESOTA DEPT OF AGRICULTURE 100.00 12/30/2003 PK 120515 101877 PRUDENTIAL 76.00 12/30/2003 PK 120516 102096 PRUDENTIAL MUTUAL FUNDS 30.00 12!30/2003 PK 120517 102052 QUALITY WINE & SPIRITS CO. 158.41 23,918.18 Account Ni ## ~MMEDZATE PAYS 23,918.18 ~J -~J R55APPYRV CITY OF WUTCMINSON ey Check N umber ~ AP Payment Register with Voids Check Dat 1/8/2D04 - _ _ Ck Date - T lpe Check # Vendor Name Amount 1/8/204 PK 120518 102349 ARM OF MINNESOTA 100.00 1%8/2004 PK 12D519 103136 eES7 WESTERN MAPLEWOOD INN 255.45 1/8/2D04 PK 120520 1D3665 BP T 37.82 1/8/2D04 PK 12D521 119702 FRANKLIN, SHELBY 160.00 1/8/2004 PK 120522 103194 FRED PRYOR SEMINARS 199.00 1/8/2004 PK 120523 102524 GOVERNMENT TRAINING SERVICE 190.00 1/8/2004 PK 120524 11492E HOLTTOURS 350.00 1/8/2DD4 PK 120525 iD2533 HUTCHINSON CONVENTION & VISITO 9,D64.58 1/8/2004 PK 120526 102489 MCLEOD COUNTY COURT ADMINISTRA 350.00 1/8/2004 PK 12D527 103046 MCLEOD COUNTY RECORDER 21.65 1/B/2D04 PK 120528 1D3070 MINNESOTA CNTY ATTORNEYS ASSC BO.OD 1/8/2D04 PK 120529 102649 MPCA 270.00 1/8/2D04 PK 12053D 102627 UNIVERSITY OF MINNESOTA 650.00 1/8/2004 PK 120531 119701 UNUM LIFE INS COMPANY OF AMERI 2,362.43 1/8/2004 PK 120532 105003 US COMPOSTING COUNCIL 395.00 14,485,93 --^"~' 14,485.93 IMMEDIATE PAYS r~ PAYROLL ACCOUNT -Payroll of December 28, 2003 Peribd Ending. December 20, 2003 FOR COUNCIL LIST ONLY -ELECTRONIC TRANSFER TO STATE AND IRS AO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCT# NAME DESCRIPTION $20,563.76 9995.2034 WITH. TAX Employee Contribution -Federal Tax AGGQUNT $10,197.76 9995.2040 Employee Contribution -Soc. Security $3,D11,73 9995.2242 Employee Contribution -Medicare $33,773.25 Sub-Total - Employee Contribution $10,197.76 $3,011.73 $1~ S4fi,982.74 $9,365.77 $11,191.88 $13,412.78 Szasoasa $15.86 $15.86 $31.72 $24,638.38 9995.2240 9995.2242 Sub-Total -Employer Contribution Grand Total -Withholding Tax Account Employer Contribution -Social Securlry Employer Contribution -Medicare 9985.2035 MN DEPT OF REVENUE 102615 9995.2241 PERA Employee Contribution - Pension Plan 102615 9995.2241 Employer Contributibn -Pension Plan Sub-Total -PERA 102615 9995.2243 102815 9995.2241 Sub -Total - DCP GRAND70TAL-PERA Finance Director Approval PERA-DCP Employee Contribution -Pension Plan Employer Contribution -Pension Plan w' PAYRg4L ACCOUNT - Payroll of January 9, 2004 . Period Ending: January 3, 2004 FOR COUNCIL LIST ONLY -ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEIb ACCTk NAME $42,954.83 9995.2034 WITN. TAX ACCOUNT 914,209.29 9995.2040 54,236.25 9995.2242 $61,399.37 Sub-Total -Employee Contribution $14,209.29 9995.2240 $4,235.25 9995.2242 $16,444.54 Sub-Total -Employer Contribution ~~ $79,643.91 Grand Total - Wkhhalding lax Account DESCRIPTION Employee Contribution -Federal Tax Employee Contribution -Sac. Security Employee Contribution -Medicare Employer Contribution -Social Security Employer Contributicn -Medicare 915,059.70 9996.2036 MN DEPT qF REVENUE $10,248.36 102615 9995.2241 PERA Employee Contributicn -Pension Plan 912,243.10 102615 9996.2241 Employer Contribution -Pension Plan 522,491 .48 SUb-Tptal -PERA 516.88 102816 9995.2243 PERA-PCP @16.88 1D2815 9996.2241 @37.72 Sub - Tbtel - DCP @22,523.18 GRAND TOTAL -PERA Finance Director Approval Emplcyee Contribution -Pension Plan Emplcyer Contribution -Pension Plan ~~ • I 1/13/2004 PK 120587 102050 CROW RIVER AUTO 238.79 1/13/2904 PK 120588 101864 pAAK REFRIGERATION 38.00 1/f 3/2004 PK _ _ 120589 w 103017 DANIELSON, MERLYN 25.00 1/13/2004 PK 120590 102488 DAY DISTRIBUTING 1,799.05 1/13/2004 PK 120591 104476 DES MOINES REGISTER, THE _ 1,157.00 1/13/2004 _ PK 120592 102698 DEVRIES, RANpY 188.71 1/13/2004 PK ~ 120593 103333 ONR WATERS 5,958.85 1/13/2004 PK 120594 102450 DOSTAL ELECTRONIC'S CENTER _ _ 249.28 1/13/2004 PK 120595 113181 PROP-N-GO SHIPPING, INC 1.86 1/13/2004 PK 120596 102647 DYNA SYSTEMS 59$.60 1/13/2004 PK 120597 104415 EARTH TECH 9,406.00 1/13/2004 PK 120598 102354 ECONpFOODS 102.66 7/13/2004 PK 120599 102184 ELECTRONIC SERVICING 164.21 1/13/2004 PK 120600 117233 ENVIRONMENTAL TOXICITY CONTROL 1,150.00 1 /1 312 0 0 4 PK 120601 117533 ESRI ~ 4,473.00 7/73/2004 PK 120602 119690 EVER6RITE 428.42 1/13/2004 PK 120603 102339 SWING, 6RENDA 6.70 1/13/2004 PK 720604 719703 FANNp SAW WORKS 34.78 1/13/2004 PK 120605 104137 FASTENAL COMPANY 8fi.D5 1/13/2004 PK 120606 170728 FIRE MARSHALS ASSOCIATION pF M 35.00 1/13/2004 PK 120607 102417 FLEX COMPENSATION INC. 8$6.25 1 /1 312 0 0 4 PK 120608 113201 FLORIDA GARDEN PRODUGTS, INC 3,300.70 1/73/2004 PK 120609 102672 FORCIER, GARY 22.32 1/13/2004 PK 126610 102519 FORESTRY SUPPLIERS 745.54 1/13/2004 PK 120611 119718 FOSTER MECHANICAL 2,300.00 1/73/2004 PK 120612 102526 G & K SERVIGE5 _2,231.14 7/13/2004 PK 120613 703340 GEB ELECTRICAL INC 157.95 1/13/2004 PK 120614 102129 GLAESER, TOM 4.68 1!1312004 PK 120615 103029 GLENCOE ENTERPRISE 270.00 1/13/2004 PK 120616 102994 GDVERNING 16.00 1!13/2004 PK 120617 102823 GOVERNMENT FINANCE OFFICERS AS 720.00 1/13/2004 PK 120fi1$ 101893 GRAHAM, MARION 383.49 1/13/2004 PK 126619 102087 GRAINGER PARTS OPERATIONS 53.96 1/13/2004 PK 120620 101874 GRIGGS & COOPER & CO 7,562.93 1/13/2004 PK 120621 113327 GROWERTALK$ 72.00 1/13/2004 PK 120622 715234 HAAS, ANNELLA .~. 74.68 1 /1 312 004 PK 120623 115237 HAAS, ROMAN 72.16 1/73/2004 PK 120624 702451 HANSEN DIST OF SLEEPY EYE 2,223.20 1/13/2004 PK 120625 102089 HANSEN GRAVEL 625.00 1/13/2004 PK 120626 109799 HARRIS COMPANIES 1,726.12 1/13/2004 PK 120627 114790 HENNEPIN COUNTY PUBLIC WORKS 278.56 7/13/2004 PK _ 120628 102246 HENNEPIN TECHNIGAL GOLLEGE 7,196.16 1/13/2004 PK 120629 102701 HENRY & ASSOCIATES 385.91 1/73/2004 PK 120630 102531 HENRYS FOODS INC 390.48 1/13/2004 PK 120631 101915 HERMEL WHOLESALE 714.32 1/13/2004 PK 120632 116866 HEWLETT-pACKARD CO 8,754.31 1/13/2004 PK 120633 102518 HILLVARp FLOOR CARE/HUTCHINSON 4,470.37 1/13/2004 PK 720634 102119 HOLT MOTORS INC 70.76 1/13/2004 PK 720635 117921 HOMETOWN SPORTS _ 748.00 1/13/2004 PK _ 120636 119714 HOWELL, DEB 26.32 1/13/2004 PK 120637 119715 HOWELL, SCOTT 28.32 1/13/2004 PK 120638 102961 HRA 2,300.00 1/13/2004 PK 120639 102544 HUTCH CAFE 11.00 1/13/2004 PK 120640 102139 HUTCHINSON AREA CHAMBER OF COM ~~ 1,212.00 1/13/2004 PK 120fi41 102797 HUTCHINSON AREA UNITED WAY 728.00 7/13/2004 PK 120642 108389 HUTCHINSON AUTp CENTER 107.66 1/13/2004 PK 120643 105329 HUTCHINSON BUMPER TO BUMPER 116.14 1/13/2004 PK 120644 102530 HUTCHINSON CO-OP SD4.23 • ~J 1/13/2004 P K 120645 102537 H UTCHINSON LEADER 4,336.44 1/13/2004 P K 120646 _ 102540 H U7CWINSON PLUMBING & HEATING 834.38 1/13/2004 P K 120647 102541 H U7CHINSON TELEPHONE CO 8,434.80 1/13/2004 P K 120648 105161 H UTCHINSON UTILITIES 77,735.36 1/13/2004 P K 120649 105515 H UTCHINSON UTILITIES 39,692.00 1/13/2004 P K ~ 120650 102543 H UTCHINSON WHOLESALE 2,009.95 1/13/2004 P K 120651 103246 H U7CHINSDN, CITY OF 12,767.45 1/13/2004 PK 120652 105160 H UTCHINSDN, CITY DF 16,598.08 1/13/2004 PK 120653 102272 I NDIANHEAD SPECIALTY CO 15.70 1/13/2004 PK 120654 119698 I NTERPOLL LABORATORIES, INC 7,000.00 1/13/2004 PK 120655 119359 I NTERSTATE COMPANIES, INC 89.73 1/13/2004 PK 120656 101851 I NTOXIMETERS INC 101.18 1!13/2004 PK 120657 1D20fi2 J ACK'S UNIFORMS & EQUIPMENT 2,872.29 1/13/2004 PK 120658 111836 J ACOBSEN, SEPTEMBER 103.56 1/13/2004 PK 120659 119723 JAHNKE, ANNIE 250.00 1/13/2004 PK 120660 115855 JEFF MEEHAN SALES INC. 1,379.91 1/13/2004 PK 120661 102208 JEFF'S ELECTRIC 1,224.55 1/13/2004 PK 120662 101938 JOHNSON BROTHERS LIOUOR CO. 6,559.18 1/13/2004 PK 120663 102555 JUUL CONTRACTING CO 325.00 1/13/2004 PK 120664 102555 JUUL CONTRACTING CO g~•~ 1/13/2004 PK 120665 1019fi0 KARL, LARRY 1,800.00 1/13/2004 PK 120666 103114 KLOSS, TOM 65.64 1/13/2004 PK 120667 105697 KOIC-0102 945.50 1/13!2004 PK 120668 116996 KUCERA, ARCHIE 37.99 1/13/2004 PK 120669 101991 LAKES GAS CO. 389.37 1/13/2004 PK 120670 101966 CARSON, QUENTIN 450.44 1/13/2004 PK 120671 113179 LEAGUE OF MN CITIES-INS TRUST 59,233.00 1/13/2004 PK 120672 101974 LENNEMAN BEVERAGE DIST. INC 3,630.95 1/13/2004 PK 120673 101984 LOCHER BROTHERS INC 17,778.45 1/13/2004 PK 120674 102564 LOGIS 30,907.81 1/13/2004 PK 120675 101953 M.LA.M.A. 100.00 1/13/2004 PK 120678 104936 MACH 30.00 1/13/2004 PK 120677 _ 102688 MADSON, STEVEN 1,820.16 1/13/2004 PK 120678 104062 fvIBP7A 30.00 1/13/2004 PK 120679 119417 MC LAIN, DALE 72.10 i 1/13/2004 PK 120880 102674 MCLAIN, DEETTA 77.25 1!13/2004 PK 120681 102995 MCLEOD COUNTY ATTORNEY 845.60 1/13/2004 PK 120682 119507 MCMONAGLE, MILES 34,785.16 1/13/2004 PK ~ 120683 102647 MCOA 100.00 1/13/2004 PK 120684 102064 MCRAITH, JOHN 67.46 1/13/2004 PK 120685 101942 MDRA 414.00 1/13/2004 PK 120686 102574 MEEKER WASHED SAND & GRAVEL 304.11 1 /1 3120 04 PK 120687 112400 MENARDS - HUTCHINSON 1,424.91 1/13/2004 PK 120688 102576 MERRILL, KENNETH B. 218.86 1/13/2004 PK 120689 102131 METRO ATHLETIC SUPPLY 680.81, ' 1/13/2004 PK 120690 115858 MFFMA 180.00 1/13/2004 PK 120691 119691 MIDWEST 450.50 1/13/2004 PK 120692 104957 MIKECHAVESTRUCKING 11,467.76 1/13/2004 PK 120693 102972 MINNESOTA ASPHALT PAVEMENT ASS 15.00 1/13/2004 PK 120694 102724 MINNESOTA CRIME PREVENTION ASS 40.00 1/13/2004 PK _ 120695 119358 MINNESOTA DEPT OF ADMINISTRA71 156.58 1/13/2004 PK 120696 102027 MINNESOTA DEPT OF PUBLIC SAFET 390.00 1/13/2004 PK 120697 102582 MINNESOTA ELEVATOR INC 86.94 1/13/2004 PK 12069 8 112260 MINNESOTA GREEN EXPO 546.25 1/13/2004 PK 12069 9 112359 MINNESOTA LAWYER 195.00 1/13/2004 PK ~ 12070 0 102824 MINNESOTA MAYORS ASSC _ _ 20.00 1/13/2004 PK 12070 1 102756 MINNESOTA SHERIFF 35.00 1/13/2004 _ PK 12070 2 105157 MINNESOTA SHREDDING 109.90 -. 1/13/20D4 P K 120703 102815 MINNESOTA STATE FIRE CHIEFS 200.D0 1/13/2004 P K 120704 102583 MINNESOTA VALLEY TESTING LAB 359.75 1/13/2004 P _ K 120705 102301 MORROW, KIM 22.53 1/13/2004 P K 120706 1D26a9 MPCA 30.OD 1/13/2004 P K 120707 102742 MWOA 50.D0 1/13/2004 P K 120708 102876 NATIONAL FIRE PROTECTION ASSG 135.D0 1/13/2004 P K 120709 102876 NATIONAL FIRE PROTECTION ASSC 580.50 1/13/2004 PK ~ 120710 105099 NEUBARTH, JULI 85.00 1/13/20D4 PK 120711 119719 NEW HOLLAND PLAN 644.05 1/13/2004 PK 120712 112162 NORTHERN SAFETY GO., INC 443.14 1/13/2D04 PK 120713 102591 NORTHERN STATES SUPPLY INC 256.98 1/13/20D4 PK 120714 119366 OAK CREEK RESOURCES 15,722.95 1/13/2D04 PK 120715 119487 ONDRACEK, KIRK 182.24 1/13!2004 PK 12D716 102187 PAUSTIS & SONS W INE CO 663.65 1/13/2D04 PK 120717 113322 PEARSON EDUCATION 230.24 1/13/2004 PK 120718 119646 PETERSON FARMS 15,546.65 1/13/2004 PK 120719 101853 PHILLIPS WINE & SPIRITS 2,285.84 1/13/2004 PK 120720 102373 PINNACLE DISTRIBUTING 159.61 1/13/2004 PK 120721 102597 PI7NEYBOWES INC 1,D78.00 1/13/2004 PK 120722 102593 PLO7Z, GARY D. 573.74 1/13/2D04 PK 120723 101903 POPP,JIM 19.72 1/13/2004 PK 120724 102445 POSTMASTER 560.00 1/13/2004 PK 120725 102445 POSTMASTER 560.00 1/13/2D04 PK 120726 102445 POSTMASTER 50.00 1/13/2004 PK 120727 102445 POSTMASTER 50.00 1/13/2004 PK 120728 102445 POSTMASTER ~ 50.00 1/13/2004 PK 12D729 102445 POSTMASTER 50.00 1/13/2004 PK 120730 102445 POSTMASTER 50.00 1/13/20D4 PK 120731 102445 POSTMASTER 50.00 1/13/2004 PK 120732 102157 PRINCE OP PEACE SENIOR APT. IN 9,487.45 1/13/2004 PK 120733 114391 PRO AUTO & TRANSMISSION REPAIR 324.59 1/13/2004 PK 120734 102598 QUADE ELEGTRIC 96.82 1/13/2004 PK 120735 1D2052 RUALITY WINE & SPIRITS CO. 11,907.9D 1/13/2004 PK 120736 102604 R & R SPECIALTIES INC 2,422.91 1/13/2004 PK 120737 . 102478 REINER CONTRACTING 86,$26.54 1/13/20D4 PK 120738 105266 RESERVE ACCOUNT 1,632.00 1/13/2004 PK 120739 119713 ROBERTSGROUP 29.95 1/13/2004 PK 12D740 102021 RODEBERG, JOHN 159.65 1/13/2004 PK 120741 105193 RUNKE, JOLEEN 8.86 1/13/2004 PK 120742 102225 RUNNING'S SUPPLY 3$2.39 1/13/2004 PK 120743 119722 S & S 44.95 1/13/2004 PK 120744 1 D2436 SARA LEE COFFEE & TEA 263.26 1/13/2004 PK 120745 1021D1 SBC PAGING 26.89 1/13/2004 PK 120746 102606 SCHMELING OIL CO 19.70 1/13/2004 PK 12D747 102684 5CHMIDT, HARRIET 72.10 1/13/2004 PK 120748 1D2858 SCHUMANN, CAROLYN A. 72.10 1/13/2D04 PK 120749 102682 SEALE, PEARL 74.68 1/13/2004 PK 12075D 101892 SEH 22,034.85 1/13/20D4 PK 12D751 1D2637 SEVEN WEST WASH & qRY 614.35 1/13/2004 PK 120752 102609 SHOPKO 29.80 1/13/2004 PK 12D753 104058 SHUFELT, JEFF 39.96 1/13/20D4 PK 12D754 119478 SLAP ME COMPANY, THE 120.98 1/13/2004 PK 120755 1D2204 SOIL CONTROL LA8 135.D0 1/13/200 4 PK 120756 1D2611 SORENSEN'S SALES & R(wNTALS 1,4x2.54 1/13/20D 4 PK 120757 1D2944 SOUTHWEST CHAPTER OF ICG 160.00 1/13/20D 4 PK 120758 105064 SPRUCE RIDGE LANDFILL 16,290.76 1/13/20D 120759 102747 4 PK ST. JOSEPH'S EQUIPMENT INC 3,OD0.00 1113/20D _ 4 PK 120760 102612 STANDARD PRINTING 1D6.50 1/13/2004 1/13/2D04 PK PK 120761 120762 102564 102744 STAR TRIBUNE STATE OF MINNESOTA ~ 67.08 542.80 1113/2004 PK 1 20763 102613 STATE OF MINNESOTA BUILDING CD 2,264.92 1/13/2004 1/13/2004 1!13/2004 PK PK _ PK _ W120764 120765 120766 102671 118862 108699 STOTTS, CASEY STRATEGIC EQUIPMENT STRATEGIC TECHNOLOGIES INC. _ 15.84 134.32 505.88 1/13/2004 PK 120767 1D5103 SUBWAY-SOUTH 23.96 ~ 1/13/20D4 PK 120768 118343 SW METRO DRUG TASK FORCE 7,159.60 1/13/2004 PK 120769 _ 102054 TELECKY, DAVE 9.25 ~ 1/13/2004 _ PK 120770 103201 7HEIS & LONG _ 345.00 1/13/2D04 1/13/2004 1 /1 312 00 4 PK PK PK 120771 12D772 120773 104589 119717 10554D THOVSON, GAIL TONSBERG, DON TONY FORCIER TRUCKING 72.10 25.00 150.00 1/13/2004 PK 120774 119159 TOTAL FIRE PROTECTION 21.00 1/13/2004 PK 120775 102620 7RI CO WATER 131.00 1/13/2004 PK 120776 102441 U S BANK 355,476.25 1/13/2004 1/13/2004 PK PK _ 120777 120778 102441 102624 U S BANK UNITED BUILDING CENTERS 229,130.00 64.87 1/13/2004 1/13/2004 PK PK 120779 120780 103210 10362D USA BLUE BOOK USFILTER ENVIREX PROD 178,68 2,140.OD 1 /1 312 00 4 PK 120781 102763 USI INC 65.36 1/13/2004 1/13/2004 PK PK 120782 120783 102132 101857 VIKING COCA COLA VIKING OFFICE PRODUGTS 248.60 75.91 1/13/2004 1/13/2004 PK PK 120784 -120785 119479 1D5122 VOLM BAG COMPANY, ING WASTE MANAGEMENT - 79.50 44,127.33 1/13/20D4 PKW 120786 115232 WEGNER, BILL 72.10 1/13/2004 PK ~ 12D787 102676 WESELOH, PHYLLIS 74.fi8 1/13/2004 PK 120788 103870 WEST GROUP 157.89 1/13/2004 PK _ 120789 103452 WINE COMPANY, THE 21.00 1/13/2004 PK 120790 101963 WITTE SANITATION 19D.88 1/13/20D4 PK 12D791 105590 WOMEN'S EXPO 287.00 1/13/2004 PK 120792 119211 WORKCONNECTION,THE 5,581.52 1/13/2004 PK 120793 119724 WRIGHTCOUNTY 3,792.54 1/13/2004 PK 120794 105354 W RIGHT COUNTY COURT ADMIN 2,000.00 1/13/2004 PK 120795 103491 WRIGH7, PATSY 72.10 1/13/2004 1/13!2004 PK PK 120796 120797 102632 105571 XEROX CORP ZEP MANUFACTURING CQ 1,549.67 99.82 1,371,152.39 Account N ## - 1,371,152.39 C~