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cp08-09-1994 cqw SUNDAY MONDAY TUESO -7- -8- -9- HUTCHINSON CITY CALENDAR 6:30 P.M. - Light Traffic Task 5:30 P.M. - City Council Force Meeting at City Workshop at City Center Main Conf. Room Center Week of 7:30 P.M. - City Council Meeting at City August 7 to August 13 Center 1994 WEDNESDAY THURSDAY FRIDAY SATURDAY -10- -11- -12- -13- 10:00 A.M. - Directors Meetin 9:30 A.M. - Senior Advisory 10:00 A.M. - Open Bids at City SEMINAR /VACATION at City Center Board Meeting at Center for Letting 4, Senior Center Project No. 94 -04 STEVE MADSON - August 7 -12 Imo" I I GARY PLOTZ - August 8 -22 I • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 9, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Max Myers, Riverside Assembly of God Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF JULY 26, 1994 AND SPECIAL MEETING OF AUGUST 2, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1994 2. AIRPORT COMMISSION MINUTES OF JULY 25, 1994 • (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94 -116 - VACATION OF EASEMENTS IN BROLL'S FIRST ADDITION (WAIVE SECOND READING AND ADOPT) 2. RESOLUTION NO. 10295 - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HOUSING FACILITIES REVENUE BONDS (PRINCE OF PEACE PROJECT) , SERIES 1994 OF THE CITY AND THE EXECUTION OF DOCUMENTS 3. RESOLUTION NO. 10296 - RESOLUTION ESTABLISHING AN ASSESSMENT DEFERRAL PROGRAM FOR LAKEWOOD DRIVE 4. RESOLUTION NO. 10297 - AUTHORIZATION TO LOAN FUNDS FROM 1980 TAX INCREMENT DEBT SERVICE FUND, TAX INCREMENT DISTRICT NUMBER 4, TO TAX INCREMENT DISTRICT NUMBER 7 (c) LETTING NO. 4, PROJECT NO. 94 -04 (OTTER LAKE CROSSING) • RESOLUTION NO. 10298 - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT • RESOLUTION NO. 10299 - SETTING HEARING FOR PROPOSED ASSESSMENT 0 Action - Motion to approve consent agenda 0 CITY COUNCIL AGENDA - AUGUST 9, 1994 5. PUBLIC HEARING - 8:00 P.M. None 6. COMMUNICATIONS, REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS (a) CONSIDERATION OF "THRU- THE - FENCE" AGREEMENT WITH SKYDIVE HUTCHINSON AT HUTCHINSON MUNICIPAL AIRPORT (DEFERRED JULY 26, 1994) Action - Motion to reject - Motion to approve and enter into agreement 9. NEW BUSINESS • (a) CONSIDERATION OF APPRAISAL FOR TEWS PROPERTY LOCATED AT 126 HASSAN STREET SOUTH Action - Motion to reject - Motion to approve (b) CONSIDERATION OF GROUP HOME ON FRANKLIN STREET Action - (c) CONSIDERATION OF JOINT POWERS AGREEMENT FOR TRI- AGENCY (HATS) MAINTENANCE FACILITY Action - Motion to reject - Motion to approve and enter into agreement (d) CONSIDERATION OF CONSULTING AGREEMENT WITH BONESTR00, ROSENE, ANDERLIK & ASSOCIATES FOR TRI- AGENCY FACILITY Action - Motion to reject - Motion to approve and enter into agreement 10. MISCELLANEOUS (a) COMMUNICATIONS 0 2 . CITY COUNCIL AGENDA - AUGUST 9, 1994 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 12. • • (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 3 C. August 9, 1994 M E M O R A N D U M TO: Mayor & Council FROM: Marilyn J. Swanson, Admin. Secretary SUBJECT: City Council Minutes Since I took a few days of vacation between Council meetings, I was unable to finish the July 26, 1994 Council minutes until yesterday. There was not adequate time to distribute the minutes for review prior to tonight's meeting. Therefore, I decided to hold the minutes until the August 23 packet. The same is also true of the minutes from the special meeting on August 2. CC: Directors • City Center I II Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 t (612) 587 -2242 Fax (612) 587 -6427 0 • u 03'196 C4364X)ICP.3 NO. 06G7 -OC 94: A PPRCVAL E %PI RcS 2/26/95 rOeM C -404 U.S. DEPARTMENT OF COMMERCE weuuoFrNEUNsus Period In which perinits Issued . zs sn JULY 1994 (Plea. correct any mron in name and address including ZIP Gods) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 1 0 26 9999 02130 JAMES PARKA BLCG OFFICIAL FOR CITY OF HUTCHINSON If your building permit system has changed, mark `X) appropriate box below and explain HUTCHINSON OTT CTR 111 HASSAN ST S In comments. HUTCHINSON Mh 55350 ❑ Discontinued issuing permits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL ❑ Had other changes THIS FORM ON OR BEFORE AUGUS T 4. 1994 It no permits were issued during Bureau of the Census Instructions are included. For this period, mark 'XI in the box ❑ , , r 1201 East 10th Street further assistance, call collect and return this form - Jeffersonville, IN 47132 -0001 PRIVATELY OWNED (301) 763 -7244. NEW RESIDENTIAL PUBLICLY OWNED Item Number of valuation o/ Number of Valuation of HOUSEKEEPING B uildings Housing BUILDINGS No. Buildings Housing construction construction units Omit cents units Omit cents (a) lb) (cl Idl le) (fl Igl Single - family houses, detached Exclude mobile homes. 101 Single- family houses, attached - Separated by ground to roof wall, -No units above or below, and - Separate heating systems and utiliry meters. (Count each unit as a separate building) 102 Two - family buildings 103 Three. and four - family buildings 104 Five -or -more family buildings 106 1 33 1,807,143 TOTAL — Sum of 101 -705 - - 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED Number of Valuation of Number of Valuation of NONHOUSEKEEPING Item No. I BUILDINGS construction construction Buildings Rooms Omit cents Buildings, Rooms Omit cents N) Ibl (c) (d) let 1 It) (g) Hotels, motels, and tourist cabins (transient accommodations only) 213 Other nonhousekeeping shelter 215 OWNED NEW NONRESIDENTIAL PRIVATELY OWNED PUBLICLY Number Valuation of Number Valuation of BUILDINGS hem No. of construction of construction bu(IdinBS Omit cents buildings Omit cents le) (bl (0 Id) let Amusement, social, and recreational 318 _ Churches and other religious 319 _ Industrial 320 321 _ r'arking garages (buildings and open deckedl Service stations and repair garages 322 rospitals and institutional 323 _ Offices, banks, and professional 324 _ Public works and utilities 328 Schools and other educational 32 Stores and customer services 327 Other nonresidential buildings 32g 13 SGO _ Structures other than buildings 32, ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, AND item Number Valuation of Number 1z•luatlon of CONVERSIONS No. of construction of construction bull dings Omit cents buildings Omit cents (a) Ibl (cl (dl la) Residential — Classify additions of garages and carports In Item 438. 434 Nonresidential and nonhousekeeping 437 Additions of residential garages and carports (attached and detached) 438 DnD_0 DO¢_1 DUD _I MIT _1 Mnvc_1 o[Mn_1 rye CTGu_9 PLEASE CONTINUE ON REVERSE SIDE sue► 0 • E DEMOLITIONS AND PRIVATELY OWNED PUBLI LYOWNF Number of Number of RAZING OF Item BUILDINGS No. Housing Housing Buildings units Buildings units (a) lb) (cl Idl lei Single - family houses lattached and detached) 845 Two - family buildings 848 Three -and four - family buildings 847 Five -or -more family buildings 848 All other buildin s and structures 849 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 1500,000 OR MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in sections l through IV. Item Number of N o. Name and address of Owner - ship Valuation of from Description owner or builder Mark IX) construction omit Housing Buildings sec. I —IV one cents unite lal (b) Id Idl (a) (f) 1 1 Kind of building A- LA— Builders______________ R]Private --multiply—family-units ____ ddess Site address _P-0._Hox_l91 ------------------- ❑Public 10 $ Kind of building ❑Private ____ _______ ________________________ __ _______________________________ Site addreas ----------------------------- - - - - -- El Public S Kind of building ____ _______________________________ ❑ Privste __ _____________________ ________ Site adereas ______________________ ❑Public 9 Kind of building ____ _______________________________ ❑Prlvste She eddreea - ❑ Public Kind of building ____ _______________________________ ❑Private ________ ___ Site address 8 Kind of building _____ __________________________ ____ ❑Private __ _______________________________ Site etldreas ____ _______________________________ ❑Public 8 Kind of building ____ _____________________ __________ ❑Private ______________________________ Site eddreas ___ ❑ Publk 9 Kind of building '- ❑Private Site addrasa ____ _______________________________ ❑Public Kind of building ❑Private ____ _______________________________ ____________ snaeaere.a ----------------°-________________ ❑Public 8 Comments Am You aware of any now psrmh4asuing ❑ No 11 Yes — Please glue additional information in comments. lurlsdictlons7 Name of person to contact regarding this report Telephone James G, Marka Area cads Number Extension Title I Buildinq Official 612 234 -4 HUTCHINSON AIRPORT COMMISSION Meeting July 25, 1994 Meeting was called to order at 7:35 p.m:'by Dave Skaar, Chairman. Members present:Dave Skaar, Jim Faber, Dennis Kahl, Joe Dooley and Tim Miller. Members absent: Mayor Marlin Torgerson. City Staff: Doug Meier. Guests: Jerry Peterson, Bernie Knutson, Tom Parker, Tim Eakins and Arvin Salsaa. Motion made by Tim Miller and seconded by Dennis Kahl to establish August 26th and 27th, 1995 as the proposed dates for the Airport Commission sponsored Air Show at Butler Field. Motion passed unan- imously. Meeting adjourned at 8:45 p.m. Next Meeting scheduled for August 29th, 1994, 7:30 p.m. in the Airport Lobby. 0 Report submitted by Doug Meier. 0 �-' A, (2) 0 ORDINANCE NO. 94 -116 AN ORDINANCE TO VACATE UTILITY EASEMENTS IN BROLL'S FIRST ADDITION THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to vacate a portion of said easement. SECTION 2. That certain easement in the City of Hutchinson is described as follows: The 12' wide utility easement over, under and across the 6' of Lot 1 and the North 6' of Lot 2, all in Block 5, Schmidtbauer's Fourth Addition; and • The 6' wide utility easement over, under and across the North 6' of Lot 2, Block 1, Village Cooperative; and The 12' wide utility easement over, under, and across the South 6' of Lot 2 and the North 6' of Lot 3 and also the 6' wide utility easement over, under and across the South 6' and the East 6' of Lot 3, all in Block 2, Orchard Park First Addition. SECTION 3. This ordinance shall take effect from and after its passage and publication and upon filing certified copy thereof with the proper County officers as required by law. Adopted by the City Council this 9th day of August, 1994. ATTEST: Marlin Torgerson, Mayor Gary D. Plotz, City Administrator -g' (1) . NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS 0 Ll Mr. Gary D. Plotz City Administrator City of Hutchinson 111 Hassan Street DOIRSEY & WHITNEY A P.....v Iw—.. Pw[aaslmwe Coarounopa PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 58402 -1498 (612) 340 -2600 FAX (612) 860 -2868 JEROME P. GII"GAN (6121340-2952 August 3,1994 i'q -? Re: Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994 City of Hutchinson, Minnesota Dear Gary: A - )!% . ROCHESTER,MN 13ILLINOS OREAT FALLS � MISSOULA MOINES AUB 4 1994 Enclosed is a form of resolution for consideration by the City Council at its meeting on next Tuesday, August 9th giving final approval to the issuance of the Bonds referred to above. You have previously received first drafts of the various documents which are referenced in and approved by the resolution and you should receive prior to Tuesday's meeting revised drafts of these documents. I am assuming that representatives of Prince of Peace will be on hand at the Council meeting to respond to any questions. Since the final terms of the Bonds (interest rates, principal amount, maturity schedule, etc.) will not be known at the time of consideration of the resolution, the resolution delegates to the Mayor and you the authority to approve the terms subject to certain parameters. Should you have any questions or comments, please give me a call. JPG:cmn Enclosure cc: aul A. Berg /G . Barry Anderson Ronald McGraw Roger Gordon Wynn Juran Kerry Ness Yours *P.Gilligan Je m // - /F, (2) - . CERTIFICATE OF CITY ADMINISTRATOR I, the undersigned, being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 10295 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HOUSING FACILITIES REVENUE BONDS (PRINCE OF PEACE PROJECT), SERIES 1994 OF THE CITY AND THE EXECUTION OF DOCUMENTS • 4. Said resolution remains in full force and effect in the form in which adopted and has not been amended or repealed. u 5. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/ abstention. 6. Said resolution was adopted at a special meeting which was duly held, pursuant to call and notice thereof, as required by law on August 9, 1994, and a quorum was present at such meeting. WITNESS my hand officially as such Administrator and the seal of the City, this day of August, 1994. Gary D. Plotz, City Administrator —�,C, 2-) • RESOLUTION NO. 1 oq q S RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HOUSING FACILITIES REVENUE BONDS (PRINCE OF PEACE PROJECT), SERIES 1994 OF THE CITY AND THE EXECUTION OF DOCUMENTS BE IT RESOLVED by the City Council (the "Council ") of the City of Hutchinson, Minnesota (the "City "), as follows: SECTION 1 Recitals and Findings (A) The City has developed a Housing Plan for the City (the "Housing Plan ") pursuant to Minnesota Statutes, Chapter 462C (the "Act'), and to provide for the financing of a multifamily housing development (the "Project') to be constructed by Prince of Peace Senior Apartments, Inc. (the "Borrower "), the City has adopted a program (the "Program ") under the Act which provides for the issuance of revenue bonds under the Act. . (B) The Project consists of the construction and equipment of a 40 -unit congregate living facility designed for occupancy by elderly persons (the "Development "). (C) At a public hearing, duly noticed and held on July 26, 1994, in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), on the proposal to adopt the Program, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to adopt the Program and interested persons were given the opportunity to submit written comments to the City Administrator before the time of the hearing. (D) This Council hereby finds that the issuance and sale of up to $2,400,000 aggregate principal amount of the City's Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994 (the "Bonds ") pursuant to the Act to finance the Project is in the best interest of the City and the City hereby determines to issue and sell such Bonds. (E) The Bonds will be issued pursuant to an Indenture of Trust, dated as of August 1, 1994 (the "Indenture "), between the City and American Bank National Association, as trustee (the "Trustee "). The proceeds of the Bonds will be loaned by the City to the Borrower pursuant to a Loan Agreement, dated as of • August 1, 1994 (the "Loan Agreement "), between the City and the Borrower. Under the Loan Agreement the Borrower will agree to make loan payments sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due and payable. By the Indenture, the City will grant a security interest to the Trustee in certain revenues and payments to be received by the City under the Loan Agreement. By a Mortgage Agreement, dated as of August 1, 1994 (the "Mortgage"), the Borrower will grant to the City a mortgage lien on the Development to secure its obligations under the Loan Agreement, and pursuant to an Assignment of Mortgage Agreement, dated as of August 1, 1994 (the "Assignment "), the City will assign the Mortgage to the Trustee in order to secure the full and prompt payment of the principal of, premium, if any, and interest on the Bonds. The Bonds are to be purchased by John G. Kinnard & Company Incorporated (the "Underwriter ") pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement "), by and among the City, the Borrower and the Underwriter. The Bonds will be reoffered for sale by the Underwriter to potential purchasers pursuant to a Preliminary Official Statement (the "Preliminary Official Statement "). (F) Drafts of the following documents relating to the Bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Administrator: (i) Loan Agreement; 0 (ii) Indenture; L] (iii) Mortgage; (iv) Assignment; (v) Bond Purchase Agreement; and (vi) Preliminary Official Statement. Section 2. Authorization of Issuance and Sale of Bonds. In order to provide for the financing of the Project, the City hereby authorizes the issuance of the Bonds as revenue bonds under the Act, to be designated "City of Hutchinson, Minnesota, Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994" in the aggregate principal amount of up to $2,400,000. The Bonds shall be initially dated as of August 15, 1994 and shall contain the other provisions as are set forth in the Indenture. Certain terms of the Bonds including the principal amount of the Bonds, the maturity schedule, the redemption provisions and the interest rates on the Bonds have not yet been determined and are not reflected in the Indenture. The Mayor and City Administrator are hereby authorized to approve the principal amount of the Bonds, provided that such principal amount is not in excess of $2,400,000; the maturity date or dates of the Bonds, provided that no Bond matures -2- .more than 25 years from the date of issuance thereof; the provisions for redemption and prepayment of the Bonds prior to maturity; and the interest rates of the Bonds, provided that no interest rate exceeds 8.00% per annum. In addition, the Mayor and City Administrator are authorized to approve the purchase price to be paid by the Underwriter for the Bonds pursuant to the Bond Purchase Agreement, provided that the purchase price equals or exceeds 98% of the principal amount of the Bonds, plus accrued interest. Such approval of the terms of the Bonds and purchase price to be paid by the Underwriter shall be conclusively evidenced by the execution of the Bond Purchase Agreement as provided in Section 6 hereof. The sale of the Bonds to the Underwriter pursuant to the Bond Purchase Agreement is hereby approved. Section 3. Execution of Bonds. Each Bond shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and the City Administrator. The Trustee is hereby designated as authenticating agent pursuant to Minnesota Statutes, Section 475.55. If any of the officers who shall have signed any of the Bonds shall cease to be such officers of the City before the Bonds so signed shall have been actually authenticated by the Trustee or delivered by the City, such Bonds nevertheless may be authenticated, issued and delivered with the same force and effect as though the person or persons who signed such Bonds had not ceased to be such officer or officers of the City. Section 4. Execution of Indenture, Loan Agreement and Assignment. • The Indenture, the Loan Agreement and the Assignment are hereby made a part of this Resolution as fully as though set forth in full herein and are hereby approved in the form submitted to this meeting, and the Mayor and City Administrator are hereby authorized and directed to execute, acknowledge and deliver the Indenture, the Loan Agreement and the Assignment on behalf of the City with such changes, insertions and omissions therein as do not change the substance of the Indenture, the Loan Agreement or the Assignment and as may be approved by the Mayor and City Administrator, such approval to be evidenced conclusively by their execution of the Indenture, the Loan Agreement and the Assignment. Section 5. Offering Documents. The City hereby consents to the distribution by the Underwriter to potential purchasers of the Bonds of the Preliminary Official Statement in substantially the form submitted to the Council at this meeting and the distribution by the Underwriter of an official statement to purchasers of the Bonds in substantially the form of the Preliminary Official Statement. The City has not and will not participate in the preparation of the Preliminary Official Statement and has made no independent investigation with respect to the information contained therein or in the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy or completeness of such information. Once the Preliminary Official Statement has been finalized, the City Administrator is authorized to deem the Preliminary Official Statement final as of its date to satisfy the requirements of Rule 15c2 -12 of the Securities Exchange • -3- •Commission ('Rule 15c2 -12 ") except for the omission of no more than the information specified in Rule 15c2 -12. Section 6. Execution of Bond Purchase Agreement. The Bond Purchase Agreement is hereby made a part of this Resolution as fully as though set forth in full herein and is hereby approved in the form submitted to this meeting and, upon the determination of the terms of the Bonds (within the limit set forth in Section 2 hereof) and the execution of the Bond Purchase Agreement by the Borrower and the Underwriter, the Mayor and City Administrator are hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the City, with such further changes, insertions or omissions therein as do not change the substance of the Bond Purchase Agreement and as may be approved by the Mayor and City Administrator, such approval to be evidenced conclusively by their execution of the Bond Purchase Agreement. Section 7. Other Actions. The Mayor, the City Administrator and all other officers of the City are hereby authorized and directed to execute and deliver all other documents which may be required under the terms of the Indenture, the Loan Agreement, the Mortgage, the Assignment or the Bond Purchase Agreement, and to take such other action as may be required or appropriate for the performance of the duties imposed thereby or to carry out the purposes thereof. • Section 8. Absence or Disability of Officers. In the absence or disability of the Mayor, the City Administrator or any other officer of the City named in any instrument to be executed on behalf of the City in connection with the issuance of the Bonds, the acting Mayor, Acting City Administrator or other officer may execute such instrument. The execution of any instrument by an officer of the City shall be conclusive evidence of its approval. Section 9. Designation of Bonds as Qualified Tax - Exempt Obligations. The City anticipates that the amount of tax - exempt obligations (other than obligations described in Section 265(b)(3)(060 of the Code) which will be issued by the City in 1994 will not exceed $10,000,000, wherefore the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code. Attest: City Administrator • (SEAL) M Mayor 08.04 94 12:02 '0912 542 9210 ARNOLD &XcDOWELL 2006"008 • RESOLUTION NO. 10296 This resolution is made and adopted this 9th day of August, 1994 by the Hutchinson City Council. FINDINGS AND RECITALS: 1. Attached hereto, marked as Exhibit A and incorporated as if fully set out herein is an assessment roll reflecting assessments levied against properties adjacent to Lakewood Drive now within the corporate city limits of the City of Hutchinson; 2. The City of Hutchinson is not required to defer any assessments associated with the Lakewood Drive program but may, as a matter of public policy, adopt an assessment defer program pursuant to general municipal powers granted to the City of Hutchinson by Minnesota law and the Hutchinson City Charter as well as the provisions of Minn. Stat. §429.661; 3. Several of the affected property owners have buildable lots, as of the date of the adoption of the assessment roll, August 2, 1994, which are presently undeveloped and unimproved. NOW THEREFORE BE IT RESOLVED that the City of Hutchinson adopts an assessment deferral program as is more fully set out on attached Exhibit B. Attest: Gary Plotz City Administrator GBA`3114\00- RESOL.2 1 CITY OF HUTCHINSON Marlin Torgerson, Its Mayor 08 %01%91 12:02 '8812 512 9210 ARSOLD &McDOWELL Q007/008 • 9 I 1: ASSESSMENT DEFERRAL PROGRAM FOR LAKEWOOD DRIVE 1. Assessments imposed by action of the City Council the full extent of which is set out in an assessment roll no. _ shall bear interest at the interest rate for bonds issued by the City of Hutchinson in calendar year 1994 during the life of the bond issue. Pursuant to present city policy, it is expected that following payment of the bond issue, the assessments related to this project will bear interest at the rate of 5% per annum. 2. Sanitary sewer and water main assessments for buildable lots of record as of August 2, 1994 shall be deferred and activation of these assessments shall be delayed until the earlier of: A. Issuance of a building permit for construction of any improvements on the presently unimproved property; B. The failure of any septic, mound or other sewage disposal system presently serving the property; C. The denial or withdrawal of any certification of the existing septic or mound system presently providing service to the property. 3. Nothing in these rules or regulations, or accompanying resolutions, shall be construed to create a contract between the affected property owners and the City of Hutchinson. The City reserves the right, it any time, to adopt new rules and regulations regarding the assessment deferral program for properties adjacent to Lakewood Drive and to do so unilaterally and without notice to anyone provided, however, that any assessments 1 08, 04.94 12:09 $012 542 9210 ARNOLD &McDOWELL ZOOS" 008 • activated by the City of Hutchinson shall be payable over a ten year period commencing no earlier than the calendar year following activation of the assessment. 4. Assessments for street and stormm sewer improvements shall not be eligible for deferral under this program. G2IA�324dW0- exhib.n 0 9 2 ! RESOLUTION NO. 10297 AUTHORIZATION TO LOAN FUNDS FROM 1980 TAX INCREMENT DEBT SERVICE FUND, TAX INCREMENT DISTRICT 4, TO TAX INCREMENT DISTRICT NUMBER 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City of Hutchinson does hereby transfer $396,160 from the 1980 Tax Increment Debt Service Fund, Tax Increment District 4 for the purpose of a loan to City of Hutchinson's Tax Increment District number 7. The loan shall be repaid as per agreement prepared and approved by the Hutchinson City Council. Adopted by the City Council this 9th day of August 1994. 0 ATTESTED: Gary D. Plotz City Administrator 0 Marlin Torgerson Mayor 4 -P - <) C i I WE • 1 Ij August 5, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering[Public Works RE: OTTER LAKE CROSSING (south Grade Road) Letting No. 4 1Project No. 94 -04 Resolution Ordering Preparation of Assessment Roll Resolution Accepting Assessment Roll and Calling for Hearing Since bids are being opened on August 12 for the above referenced project and we would like to award the project immediately to facilitate timely construction, we are proposing to set the Assessment Hearing date for the four homes on South Grade Road, adjacent to this • project, at the next Council meeting. Also, since the project costs can not easily be broken done to the type of the project, we are proposing that the assessment rates be based on the rates paid by the properties on Lakewood Drive. Since the parcels are approbmately 20% larger than those on Lakewood Drive, we propose to add 20% to the sanitary sewer and watermain rates. We will not charge for storm sewer or new street assessments since these are not being constructed, but will assess a street restoration fee to cover costs of South Grade Road restoration. These are estimated based on 60% of the costs for street and storm sewer on Lakewood Drive. The rates are proposed as follows: Sanitary Sewer Lateral Sanitary Sewer Trunk Watermain Lateral Watermain Trunk Street Restoration TOTAL PROPOSED ASSESSMENT $2,406.26 x 1.20 = $2,887.51 $ 500.00 $1,594.38x 1.20 = $1,913.26 $ 175.00 $6,706.64 x 0.60 $4,023.98 $9,499.75 I assume that the deferments will be handled the same way as Lakewood Drive. cc: Ken Merrill, Finance Director • file: 1-4/94 -04 City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 _ Fax(612)587-6427 - Printed on recycled paper - , RESOLUTION NO. 10298 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 297 LETTING NO. 4 PROJECT NO. 94 -04 WHEREAS, cost has been determined for the improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, and appurtenances, and the price for such improvement is $ 30,644.35 and the expenses incurred or to be incurred in the making of such improvement amount to $7,354.65, so that the total cost of the improvement will be $37,999.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefitted property owners is declared to be $37,999.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of percent (+ or -) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. • 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 9th day of August, 1994. City Administrator J Mayor • RESOLUTION NO. 10299 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 297 LETTING NO.4 PROJECT NO. 94-04 WHEREAS, by a resolution passed by the Council on the 9th day of August, 1994, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 23rd day of August, 1994, in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County . Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by October 1st, 1994. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 9th day of August, 1994. City Administrator Mayor '// -d-, 0 N M E M O R A N D U M August 5, 1994 r TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Airport "Thru -the Fence" Agreement with Skydive 0 Hutchinson (Sky's The Limit) We have negotiated a number of items with Sky's The Limit regarding their operations at Hutchinson under the name "Skydive Hutchinson ". The "Thru the Fence" Agreement is being drafted and will a presented to the Council on Tuesday. We recommend approving the Agreement, and sending it to the FAA for final approval. cc: Gary Plotz - City Administrator file: Airport/Skydive Hutchinson City Center Parks & Recreation II I Hassan Street SE 900 Harrington Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 (612) 587 -5151 (612) 587 -2975 Fax(612)234 -4240 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW n Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 CITY OF HUTCHINSON, MINNESOTA AIRPORT "THRU THE FENCE" AGREEMENT WITH SKY'S THE LIMIT THIS AGREEMENT, made and entered into this 9th day of August 1994, by and between the City of Hutchinson, hereinafter referred to as the "City", and Sky's The Limit, a Minnesota Corporation, hereinafter referred to as the "Business ". RECITALS The City owns and operates a facility known as the Hutchinson Municipal Airport, hereinafter referred to as the "Facility ". 2. Sky's The limit operates a parachute or skydiving operation and wishes to operate • a business on the Facility, and wishes to access the Facility from land owned by Sky's The Limit adjacent to the Facility. 3. The Federal Aviation Administration has regulations concerning this activity. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that Sky's The Limit may operate a "Thru The Fence" operation subject to all applicable federal, state and local regulations, and all other provisions contained as follows, specifically: Sky's The Limit agrees to be assessed for all costs required to construct a taxiway to serve its property. The cost shall include, but is not limited to, grading, drainage, gravel and bituminous, and site restoration. This cost shall be assessed to the benefitting property at the rate of interest specified for 1994 City improvements over a period of ten years. 2. All improvements made on and to City land shall become the property of the City. 3. Sky's The Limit will install, at their expense, all necessary fencing and gates to limit all access to the taxiway except through the original hanger. 4. The Business will not sell any aviation related products, services or fuel. • 5. The Business will not rent, sell or provide hanger or tie down space to any other parties not directly related to the Business. 6. The City will charge, and the Business will pay, an annual maintenance fee to cover the expense of maintaining the above referenced taxiway. It is understood that as long as payments are made toward the taxiway construction, and these payments exceed the maintenance fee, no additional maintenance fees will be paid. 7. It is understood that, due to variable weather conditions, the City makes no assurances that the taxiway will be usable at all times during the year. 8. Sky's The Limit must follow all additional provisions of the Airport Agreement dated April 26, 1994. 9. This Agreement is non - transferrable and will terminate should the business sell or transfer title to the property. 10. This Agreement may be cancelled by either party with 60 days notice, and is subject to review on an annual basis. It is understood, however, that the Business will be • responsible for all expenses noted in paragraph No. 1. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first noted above. SKY'S THE LIMIT MM ITS: (Signature) CITY OF HUTCHINSON Marlin Torgerson -Mayor Gary D. Plotz - City Administrator 0 r _MEMORANDUM July 11, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of "Thru- the - Fence" Agreement with Skydive Hutchinson at the Hutchinson Municipal Airport Attached please find correspondence from Jerry Peterson of TKDA regarding the required "Thru -the- Fence" agreement for Skydive Hutchinson. As noted in the FAA rules, stringent requirements need to included in the agreement to verify that the company is paying its • share of costs for using the airport. Due to my vacation, I was not able to prepare the document prior to leaving. I will however, have a copy for the meeting. The agreement will be based on a similar agreement recently approved by the FAA for the Litchfield Airport. In particular, the agreement will note the following: Skydive Hutchinson may not provide services that compete with services provided by the Airport (.e. airplane repair, fuel sales, parts or fluid sales, hanger rental, etc.) Skydive Hutchinson must pay rent equal to a similar use on the Airport site. We are preliminarily recommending that the rate be tied to the a rate for the new double hanger and one older tee hanger. Since the hanger on the Skydive site will accommodate three planes. Skydive Hutchinson be assessed for all costs related to construction of the taxiway from the Airport taxiway to their property. A portion of the fee may be reimbursed if additional entities utilize the taxiway in the future. (The new taxiway must remain in ownership of the City). Skydive Hutchinson agree to purchase fuel from the City in lieu of paying . additional costs to maintain the taxiway. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 234 -4240 �� Fax (612) 587 -6427 UUU � - Primed on recycled paper - JUN -01 -1994 14 :04 TKDA 612 292 ooe3 P.01i02 TKDA TOLTZ, KING. DWALL, ANDERSON 7D psi AND ASSOCIATES. INCORPORATED F,piQINEER$ *ARCHITECTS 0 PLANNERS 1606 PIPER JAFF7Y PLAZA 04ff'k 414 CEDAR STRIEf 7AO'jE- SAINT PAUL MN 66101 -2140 CHu7� 612J11124400 PAX: 612/2920063 FAX TRANSMITTAL To: ✓91'6" iP000- ', G i� 7 o/,C C470 O` c7VC /AIC7 -X /N Company: G /rY of /V+iTCe- ,'A! SOA/ Fax No: / - Z34- 4Z4C Date: / ,/unit /994 From: ✓� y P T3t-e,SC7V Phone #: 16121 292 - 4457 WC MIS. #: _ 99 46 # OF PAGES, INCLUDING COVER PAGE Z MESSAGE: /' v� sr�vT YoU r � ,4L7Zrr- 7D psi -CC ?590AA ,C-60r 04ff'k 'T1 90 ra 7AO'jE- /-A1CA CHu7� C G U 8 AFOOM f"r, iA/VOG U= A,2 T &r 41k PORT PF;'jr11 ps /oU &f E' AWAR1 nF Tr/e s7-R1A1C ?&W7- ZeASC RFOUlle6-66---N rs THi I4r4 A twAY 9E-Q wRe gK Ti/25'10 -/Q CSUIL LD /i %A} -1 WAY 6A1 17fir zti.PPORT.. S,auc7Y pcporT[ Y CexrN —�` AM-7 oFFt��J PkAC 7-1C.4 L /VD V1 CE OA/ Z;W.S 3(/6'/ a-e- r A e &2'19C BALL /F YOU ,y,gvc' kvv ©U&75770 ASS. If you do not receive the same number of pages indicated above, please call 612- 292 -4400. ,�i A I JUN -01 -1994 14:04 TKDA Order 5190.6A 6.6. AGREEMENTS GRANTING ACCESS TO MLADING AREA FROM ADJACENT PROPERTY HROUGH— THE —FENCE OPERATOR). There ate tines when the owner of an airport will enter into an apeement which permits access to the public land- ing area by aircraft based on land adjacent to, but not a part of. the airport property. In some cases, special taxiways have been built for this purpose. This type of an arrangement has frr4uentiy been referred to as a "through- the - fence" operation even though the pe- rimeter fence may be imaginary. In reviewing a lease or contract which proposes this type of arrangement, the following guidance should be followed: & Rights and Duties of Airport Owner. The obligation to make an airport available for the use and benefit of the public does not impose any requitement to permit access by aircraft from adjacent property. The existence of such an arrangement could piece an encumbrance upon the airport property unless the air- port owner retains the legal right to, and in fact does, require the off -site property owner or occupant to con- form in all respects to the requirements of any existing or proposed grant agreement b. Practical Considerations. The owner of an airport is entitled to seek recovery of initial and con- razing costs of providing a public use landing area. We development of aeronautical enterprises on land uncontrolled by the owner of the public airport can result in a competitive advantage for the "through the fence" operator to the detriment of on airport opera - tors. To equalize this Imbalance the airport owner should obtain from any off -base enterprise a fair return for its tree of the landing area. a Safety Considerations. Arrangements that permit aircraft to gain access to a public landing area from off -site properties complicate the control of ve- hicular and aircraft traffic. Special safety operational requirements may need to be incorporated in the "through -the- fence" agreement t6 Agency Position. As a general principle, FAA will recommend that airport owners refrain from entering into any agreement which grants access to the public landing area by aircraft normally stored and serviced on adjacent property. Exceptions can be granted on a case- by-case basis where operating re- strictions ensure safety and equitable compensation for use of the airport Examples include: (1) Where a bonafrde airport tenant has al- ready leased a site from the airport owner and has nor gotiated airfield use privileges, but also desires to move aircraft to and from a hangar or manufacturing plant on adjacent, off - airport property. In this case Page 44 612 292 0083 P.02i02 10/2189 actual access will be gained through the area provided by the airport owner. (2) Where an individual or corporation, actu- ally residing or doing business on an adjacent tract of land, proposes to gain access to the landing area solely for aircraft use incidental to such residence or business without offering any aeronautical services to the public. This situation is commonly encountered where an industrial airpark is developed in conjunction with the airport. e. Determinations. The existence of arrange- ments granting access to a public landing aces from off -site locations contrary to FAA recommendations shall be reported to regional Airports divisions with a full statement of the circumstances. If the regional Air- ports division determines that the existence of such an agreement circumvents the attainment of the public benefit for which the airport was developed, the owner of the airport will be notified that the airport may be in violation of his agreement with the Goverment. 6-7. AIR CARRIER AGREEMENTS AND LEASES. Unless a complaint has been made, the FAA will not attempt to judge or evaluate the fairness of any rental rate or fee structure under consideration for air carriers, However, the rights and privileges granted by contract to air carriers as distinct from the rental rate or fee structtre, may involve the compli- ance obligations of the airport owner. When discussing these agreements, particularly in connection with their impact on other aeronautical tenants, the following considerations should be borne in mind. a. Use In Common of Aeronautical Facilities. While the actual rues for use of the landing area are a matter of negotiation, there should be no discrimina- don in use rates between air carrier and general avia- tion using aircraft of the same type and weight. b. Discrimination Between Carriers. Where several air carriers serve the same airport they usually cooperate in developing a consolidated position with respect to negotiations with the airport owner. For this mason, compliance violations by the owner arising from preferential treatment of one carrier are me. *on occasion, however, small local service carriers have complained that the imposition of uniform user charges or landing fees equally applicable to long -haul and short-maul operators is inequitable. Such com- plaints usually arise when the level of fees has been increased concurrently with the expansion of runways and other airport facilities to accommodate larger air- craft not needed in the short-haul operation. It is the position of the FAA that the requirement for user fees, under a standard schedule uniformly applied to all users, does not violate the owner's obligation to make Par 6-6 gJ A 4 TOTAL P.02 V August 5, 1994 MEMO yI all* • Possible funding for the recently appraised Tews residence could come from the parking funds which are currently on hand. Sufficient • funds remain in the 1984 parking fund to make this purchase. We have acquired the Shepards property with parking funds. Demolition of city hall building funding came from the 1981 parking bonds. The purpose of these acquisitions have been and would be for downtown parking if these funds are authorized by the city council. I would also remind the city council that a policy on use of these funds has not been formally established. The history of the parking fund was the original land acquisition and development cost for the downtown parking program was partially fund by the assessment of the downtown business property with the balance funded by the city (tax increment funds) . The interest and assessment repayments on this original acquisition are the reason funds are available. All issued bonds have been paid. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 587 -2242 t Fax x (61 (612) 587 -6427 Lorence Appraisals, Inc. INDEPENDENT FEE APPRAISERS • P.O. BOX 25 GLENCOE, MINNESOTA 55336 - (612) 864 -6693 GLENCOE - (612) 587 -9538 HUTCHINSON AUG 2 1994 MR. GARY PLOTZ, CITY ADMINISTRATOR CITY OF HUTCHINSON 111 HASSAN ST S HUTCHINSON, MN 55350 7 -28 -94 RE: 126 S HASSAN ST, HUTCHINSON, MN OWNER: MS. FLORENCE TEWS DEAR MR. PLOTZ, MY APPRAISAL OF THE ABOVE REFERENCED PROPERTY IS ENCLOSED AS REQUESTED. THE FINAL ESTIMATE OF VALUE "AS IS" ($37,000) REFLECTS THE PROPERTY'S NEED FOR A NEW ROOF AND EXTERIOR PAINTING. MY VALUE ESTIMATE FOR THE SUBJECT WITH A NEW ROOF AND NEW EXTERIOR PAINT WOULD BE $42,000.00. THIS IS CONSISTENT WITH THE CURRENT ASSESSED VALUE OF $41,300.00. IT IS MY POSITION, THAT A TYPICAL SELLER WOULD NEED TO PUT ON A NEW ROOF IMMEDIATELY AS WELL AS PAINT THE EXTERIOR PRIOR TO OFFERING THE PROPERTY FOR SALE SO AS TO MAXIMIZE VALUE /POTENTIAL SALE PRICE. • THANK YOU FOR ALLOWING ME TO BE OF SERVICE. SINCERELY, DA ID J NCE CERTIFI GENERAL REAL PROPERTY APPRAISER MINNESOTA LICENSE #4001625 9 �1- A r N August 5, 1994 M E M O R A N D U M TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: Group Home - Franklin Street Representing the Board of Directors of the McLeod County Group Homes, Grant Knutson has submitted an application for a conditional use permit to make major investment to an older home on Franklin Street, north of First Avenue NE. The property is in the flood fringe and, therefore, expansion is not recommended by either City staff or the DNR. Since the property backs up to the rear of downtown businesses, it fits the Council's objective of acquiring the property on an "on available" basis. In view of potential limitations for the expanded use of the property, I visited with Grant Knutson regarding the City's possible appraisal /purchase of the property. He visited with several members of the McLeod Group Home Board of Directors (ie., Bev Wangerin) . The current feeling is that their Board does support the concept of an appraisal at this time. Therefore, I would recommend using David Lorence to do the appraisal (cost being $325). /mjs City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 0 C M E M O R A N D U M August 9, 9994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Joint Powers Agreement for HATS Facility We have reviewed the Agreement attached to your packet with City, County and State representatives, The only changes proposed beyond those noted include adding reference to funds already spent as part of the project. Those costs will then be credited to the • appropriate agency: CREDIT TO CITY Braun Intertec Geotechnical Survey $ ? Braun intertec Environmental Survey $ ? Land existingparcel /appraised by Robinson) L54 500 TOTAL CITY CREDIT $ CREDIT TO COUNTY Peilinen Surveying Preliminary Site Survey $ 1,300 Pellinen Surveying Final Site survey $ ? Wold Architects Feasibility Report $ 8 449 TOTAL COUNTY CREDIT $ We recommend approving the Agreement contingent on these changes. The Operational Joint Powers Agreement is currently being worked on. cc: Ken Merrill, Finance Director • file. HATS City Center I 11 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW 9 -� Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 C M E M O R A N D U M August 5, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Joint Powers Agreement for HATS (Tri- Agency) Maintenance Facility Attached is the most recent draft copy of the Joint Powers "Cooperative Construction" Agreement for the Hutchinson Area Transportation Services (HATS) Facility. The agreement has been reviewed and redrafted once. The final revisions are noted in the Agreement. The State will be revising and returning the final agreement to us by Tuesday. Please review the document and give me a call if you have any questions. We are also preparing a Joint Powers "Cooperative Operations" Agreement which will handle ongoing operations at the facility. This agreement will take more negotiation with the agencies and unions. We recommend approving the Joint Powers "Cooperative Construction" Agreement. cc: Ken Merrill, Finance Director file: HATS • City Center 1I1 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 9- /! (612) 587 -2242 C� Fax (612) 587 -6427 I 0 Mn /DOT CONST.- MRINT. G20 TEL: 612- 297 -7576 Jul 29.94 9 :58 No.003 P.01 Y pECZ JUL 2 9 1994 Minnesota Department of Transportation Operations Division: Building Section 395 John Ireland Blvd. M.S. 715, St. Paul, MN 55155 (612) 297 -7506 FAX (6I2) 297 -7576 FAX TRANSyIMAL DATP.: NLTMBL•R OP FAOFS (including this sheet)',_ TO: - -1% Am.* •off FAX ( flea CEV"ry FROM: A — �%� ,r-✓ PHONE fLi) 297-- ADDITIONAL INFORMATION: zu a 29(�? - 2as1 -L . -• �,, 94V Icy Jul 29.94 9 :58 N0.003 P.02 j COOPERATTVE CONSTRUCTION AGRBEMEIVT This Agreement is made and entered into by and between the State of Minnesota, acting by and through its Commissioner of Transportation, hereinafter referred to as the *MoJDOT• and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the 'City,, and the County of McLeod, Minnesota, acting by and through its County Board of Commissioners, hereinafter referred to as the •Countyl, for the purpose of constructing a joint transportation facility. InURR&AS, Minnesota Statute 471.59 and Minnesota Statute 161.20, Subd. 2 authorize the parties to make arrangements with and cooperate with any governmental authority for the purpose of effectuating the provisions of Minnesota Statute C?:apter 161. �I IT IS, TRERSpORE, MUTUALLY ACRE AS FOLLCYiS: I ARTICLE I - CR$ATION OP Tt]i J0IXT 2CN2gS poAgn This agreement provides for the creation of a Joint Powers I Board through a separate Joint Powers Agreement. This Board shall establish its own operating policies and procedures consistent with applicable laws. The City shall provide staff support to the Joint Powers Board. The Joint Powers Board will consist of four members, TwC members shall be appointed by the City Council for the City of - 1 - El 9 -�,7 . Mn/uul luNSl.- MRINT. 620 TEL: 612 - 297 -7576 Jut 29.94 9 :58 No.003 P.03 t Hutchinson; one member shall be appointed by the state of Ninnesota, Commissioner of Transportation; and one member shall be appointed by the County of McLeod, Board of Commissioners. I ARTICLE II - PIAN PR P RATION AND APPROVAL The preparation of plans, specifications, and /or special provisions for the joint transportation facility shall be under the direction of a Joint Powers Board. The Joint Powers Board shall submit preliminary and final site selection, development and construction plans and a budget for construction to the City, the County, and the State for review and approval. TICLE III - CQNSTRTJCTION SeCtiOn A. Contract Award and f'DzaJMLgLJon The Joint Powers Board .shall receive bids and award a • construction contract to the lowest responsible bidder, subject to concurrence by the State in that award. The contract construction shall be performed in accordance with State - approved Joint Powers Soard plans, specifications and /or special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B State The Joint Powers Board shall, within seven days of opening bide for the construction contract, submit to mn /DOT's District Engineer a certified copy of the low bid and an abstract of all bids together with the Joint Powers Board's request for concurrence - 2 - 0 a 3 E Mn/DOT CONST.- MRINT. G20 TEL= 612 - 297 -7576 Jul 29.94 9 :58 No.003 P.04 by the State in the award of the construction contract. The Joint Powers Board shall not award the construction contract until the State advises the Joint Powers Board in writing of its concurrence. Section C Cancellation of Agreement Each party to this Agreement reserves the right to withdraw from and cancel this Agreement within 30 days after the opening of y 1.1 bids if either party determines any or all bids to be unsatisfactory. Withdrawal from or cancellation of the Agreement shall be accomplished by any party serving a written notice thereof upon the others. In the event of cancellation of the Agreement, the parties understand they may be required to reimburse the State of Minnesota, Board of Government Innovation and Cooperation a grant in the amount of $140,000, which has been received for the se of design si �n of site and huildin(z -)2r a joint transportation facility. The obligation to repay shall be 50% by the City, 25t by the County, and 25% by the State. Cancellation of Agreement shall result in no joint facility construction. Section D. Direction Suygrvision and Inspection of Construction The contract construction shall be under the direction of the i City and under the supervision of a registered professional engineer; however, the contract construction shall be open to inspection by the State and County Engineers or their representatives. The City shall give the Mn /DOT District Engineer and County Engineers five days notice of its intent to start the contract construction. - 3 - J nil, VU 1.UNJt.- MH1NI. 620 TEL: 612 - 297 -7576 Jul 29.94 9 :58 No.003 P.05 Responsibility for the control of materials for the contract construction shall be on the City Engineer and its contractor and shall be carried out in accordance with the State's current State Building Code and other state Codes as appropriate. Section 8 Co-mntation of r o* r ^lotion The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an- �ge--ef 1, &rtes between the appropriate City, County, and State officials i and by approval of the Joint Powers Board, for unavoidable delays encountered in the performance thereof. Section P. Plan Chancres • All changes in plans, specifications and /or special provisions for the contract construction and all addenda, change orders and /or supplemental agreements entered into by the Joint Powers Board, the City and its contractor for contract construction must be approved in writing by the Mn /D(T District Engineer's authorised representative. I Section G.- Comnllance with 7- and Regulation The Joint Powers Board shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to - 4 I* i I- L-1 I Mn /VUi CONST.- MRINT. 620 TEL: 612-297 -7576 Jul 29,94 9:58 No.003 P.06 eomply,with all Federal, State and Local laws, including Minnesota Statute 16B.101, and all applicable ordinances and regulations. Prior to conmencement of construction, the City shall deed an undivided one - fourth interest in the premises selected by the Joint Board to the State of Minnesota Department of Transportation, and Shall further deed an additional one - fourth undivided interest to the County of McLeod for an appropriate consideration. Section 1. Rigbt -of -way, Sasemente and permits Any costs or expenses for rights -of -way, easements, oocstruction permits, and any other permits and sanctions that may be required in connection with the contract construction, shall be included in the construction budget, which shall be approved by the Joint Powers Board and approved by the three parties to the Agreement. The Joint Powers Board shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota Statute 115.07 or Minnesota Rule 7001.1030, Subpart 2C, either a permit or written waiver from the agency for the construction or reconstruction to be performed under the construction contract. The Joint Powers Board is advised that pursuant to Minnesota Rule 7001.1040, a written application for the permit or waiver must be - 5 - I • I nniuul t,uNSI.- MRINT. 620 TEL= 612 - 297 -7576 Jul 29.94 9 =58 No.003 P.07 submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. ARTICLE III . PAY14ENT BY TER PA1tT7RC The City of Hutchinson shall act as the fiscal agent for the construction project. Once the construction budget is approved and the contract is let, the City shall bill to the State and County their proportionate share of the construction costs. The County and. State shall remit to the City within 30 days the costs of construction in a lump sum according to the conditions of this article. The City shall be free to invest any amounts not currently needed and retain such income from such investments as its reimbursement for acting as fiscal agent for the construction project. The City shall report amounts earned and retained from such investments. The State and County shall advance to the City the luup am amount after the following conditions have been met= A. Approval by the State and County of the construction plans for the joint highway maintenance facility. B. Encumbrance by the State and County of the State and County's full and complete lump sum cost share. C. Execution and approval of this Agreement and the State and County's transmittal of the same to the City. A letter advising the City of the State and County's - 6 - • t� .'ui.uui wnai.- MMINI. Ulu ItL: 612 - 297 -7576 Jul 29.94 9:58 No.003 P.08 concurrence in the award of the construction C(mtract Shall accompany the City's copy of this Agreement. D. Receipt by the State and County of a written request from the City for the advancement of funds. The request shall Include certification by the City that the construction contract has been executed by all necessary parties. Funds advanced over and above the coots involved for construction shall be returned in similar proportion. ' The State's total liability hereunder shall be limited to the amounts appropriated for this project by the legislature�ey a Laws of 1992, Chapter Sec Subaec. 40,D00.00 for property; and Laws of 1994, Chapter 643, Sec. 15, Subsec. 8, $897,000.00, totalling $937,000. ARTICLE IV - CONSTRUCTION DOCVMEM FURNISHED BY THR CTTV i The City shall keep records and accounts that enable it to provide the State and County, when requested, with the following: A. Copies of the Contractor's invoice(s) ccveriag all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrants) issued, certified by an appropriate City official that final construction contract payment has been made. MAE • Mn /DOT CONST.- MR1NT. 620 TEL: 612- 297 -7576 Jul 29.94 9:58 No.003 P.09 C. Copies of all construction contract change orders and/or supplemental agreements. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State -, County- and City - approved plans, specifications and /or special provisions. 2. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction•. 3. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and material testing results for the materials furnished for the contract construction. F. A copy of the 'as built' plan sent to the State's District Engineer. 8 - Mn /DOT CONST.- MRINT. 620 TEL: 612- 297 -7576 Jul 29.94 9 :58 No.003 P.10 1 ARTICLE V - GHMRAL PROVISIONS •I Section A. S!DCOnd Agreement The operation Of the joint highway maintenance facility.shall be Subject to a second Joint Powers Agreement executed by the i parties to the Construction Joint Powers Agreement. Section B Examination of Rooks Records. gtc. As provided by Minnesota Statute 16B.06, Subd. 4 the books, records, documents and accounting procedures and practices of Mn /DOT and the Joint Powers Board, County, and the City relevant to this Agreement are subject to examination by the State, County and + City, and either the legislative auditor or the State auditor if I1 requested. Section C. claim . I All employees of the City and the County shall not be considered employees of the State. All employees of the State shall not be considered employees of the City or County. All i employees of the County shall not be considered employees of the City, and all employees of the City shall not be considered employees of the County. All claims that arise under the Worker's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or canission on the part of the employees while so engaged on contract administration construction or construction engineering shall in no way be the obligation or the responsibility of the State if they are City or County - 9 - 0 nn,vui I.UNSI.- MH1N1. b20 TEL: 612- 297 -7576 Jul 29.94 9:58 N0.003 P.11 • employees, of the County if they are City or State employees, or of the City if they are County or State employees. VWer no circumstances shall the Joint Powers Board be considered an employer. Section D Nondiscrimination The provisions of Minnesota Statute 161.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as if fully set forth herein. Section R. Insurance Insurance for the construction period shall be obtained by the City and shall be included as an item in the construction budget. • Section P Joint Powers Board The Joint Powers Board may act upon a positive vote of three of the four members of the Joint Powers Board. All construction Plans shall be sub]ect to the approval of the representative of the State of Minnesota Department of Transportation. c i n G. Liabi]11Y�—Avt�ions Joint Powers Board If any act of the Joint Powers Board results in liability of the Board, rather than of its individual members, the respective agencies agree that they shall bear a proportionate share of the liability in proportion to their representation on the Joint Powers Board. 0 • 10 - F A 0 MnIUUI UUNST.- MRINT. 620 TEL: 612- 297 -7576 Jul 29,94 9:58 No.003 P.12 1 Section H. Cancellation of Agreement after Construction The decision by any of the parties to no longer participate in the joint highway maintenance facility shall result in their forfeiture of their investment in the .facility to the remaining parties to the Agreement, unless the parties to the Joint Powers Board are able to determine an appropriate payout by one or both parties remaining of the other party's share. If no payout agreement can be reached, the party withdrawing from the Joint Powers Board shall lose its investment in the joint highway maintenance facility, and the withdrawing party shall .convey its interest in the property to the remaining parties. ls= Section I. Costa The preliminary plan for construct ion,co is lode the State of Minnesota contributing approximately $700,oA0j a County of McLeod contributing approxiiate y $700,000; d the City of Hutchinson contributing approximates y $1,300,000, for a to project investment of approximately $2.7 million. The preliminary 166 estimate estimate of operating space allocated to the various parties shall be: 20 stalls to the City of sutchinson; 10 stalls to the County of McLeod; and 30 stalls to the State of Minnesota. 'these preliminary costs and space allocation figures may be altered by unanimous agreement of the members Of the Joint Powers Board. Design costs will be split appropriately similar to the construction budget after application of the $140,000 grant from the State Board of Government Innovation and Cooperation. - 11 - nn /vul UUNJI.- MRiNT. 620 TEL: 612- 297 -7576 Jul 29.94 9:58 No.003 P.13 Section J Aaree .. nt Anprot 1 .i i Before this Agreement shall become binding and effective, it .shall be approved by City Council resolution, by County soard resolution, and receive approval of the State, City and County officers as the lax may provide, in addition to the Ccmissioner of Transportation or his authorized representative. 0 E - 12 - Mn /DOT CONST.- MRINT. 620 TEL: 612 - 297 -7576 Jul 29.94 9:58 No.003 P.14 IN TESTIMONY WHMMP the parties have executed this Agreement by their authorized officers. CITY OF HLTPCHINSON COONTY OF MCLEOD By By Mayor County Board Chair Dated Dated By BY City Manager County Board Clerk Dated Dated =ARTMENT OF TRANSPORTATION DEPARTMENT OF ADMINISTRATION Recommended for approval: Approved: BY By Title Dated Dated DEPARTMENT OF FINANCE OFFICE OF THB ATTORNEY GENERai Approved: Approved as to form and execution: BY BY Dated Assistant Attorney General QFFICE OF THE COUNTY ATPORNgy OFFICE OF THE CITY ATTORNEY Approved as to form and execution: Approved as to form and execution: BY BY - 13 - C M E M O R A N D U M August 5, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Consulting Agreement with Bonestroo Rosene Anderlik & Associates (BRA) for HATS "Tri- Agency" Facility Attached is a copy of the referenced agreement. Due to its late arrival, the City Attorney and I will a reviewing the document prior to the meeting. At this point it appears to conform to our requests. BRA has already been working on the project, including meeting with the Architectural committee to review potential layout. Based on a satisfactory review by myself and the City Attorney, we recommend approval of the agreement. file: HATS • City Center 117 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed on recycled paper - Police Services 10 Franklin Street SW /j Hutchinson, MN 55350 -2464 (612) 587 -2242 / Fax (612) 587 -6427 JABonestroo Rosene S Anderlik & Associates Engineers & Architects July 28, 1994 Mr. John P. Rodeberg Director of Engineering City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 Re: HATS Facility Dear John: Ono G. Baneg oo, R.E. Howard A. Sanford. RE. Agnes M. Ring. A.IC.P L. Philip Grael. RE. Robert W Rosen. PE.' Keith A. Gordon. PE. Thomas W Petofon. RE. Karen L W~. RE. Joseph C. Andedik, RE. Robert R. Pfeffale. RE. Michael C Lrxh. RE. Gay D. KdnofU. PE. Marvin L SOwdW. RE. Richard W Foxer. PE. James R. MalarU. PE. F field Foster, P.E. Rchard E. Turner, RE. Davll O WskW. RE. Jerry D. PenmM PE, 00 R. ripe P.E. Glenn R. Cook. PE. Robert C. Ruesek. A I.A. Batt J. ArWdek. RE. DougWs J. Beno¢. RE, Thomas E. Noyes. RE. Jerry A. Bourdon. RE. Kenneth P. Anderson. RE, Sham O. Gustafson. RE. Robert G. YhuniCht PE. Mark A. Hanson, RE. Mark R. RAYS. PE, Ceailio Olivier, RE. Swan M. Eberlin, C PA. Michael T Rautmann. P.E. Mark A. Yip RE, Paul G Heuer. RE. 'Senior Consultant Ted K. Field. RE. Gary W Modern, PE. John P Gadder. RE, Thomas R. Adderson. AAA. Paul J Gannon. AJ A. CNres A. ErK n Donald C. Burgardt P.E. Oaniel J. Edgerton. RE. Leo M. Pawelsky Thomas A. Sylko. P.E. A. RKk SChmidL RE. Harlan M. Olson Frederic J. Steebog. P.E. Philip J. Caswell, P.E. James F Engelhardt Ismael Martinez, P.E. Mark D Wallis. PE. Michael P Rau. RE. Miles S. Jensen. P.E. f_LVy -YY Enclosed are duplicate copies of a proposed Agreement between our firm and the City of Hutchinson, as Owner, for professional services in connection with the HATS facility design and construction. Please review this Agreement and, if acceptable, have it executed by the City. . As you will note, the contract is based on the Standard Form of Agreement between Owner and Architect, as published by the American Institute of Architects. It reflects the scope of services and compensation that we originally proposed in our submittal of May 16, 1994 with the addition of one meeting at our offices. Note that we will also participate in tours of three maintenance facilities (not part of our original proposal) as part of Basic Services. Although it appears that the sand/salt storage and fueling facilities will be packaged with the rest of the project, the agreement does allow for separate construction contracts if so desired down the road. If extra meetings are desired, we will gladly prepare for them and attend as Additional Services. AutoCAD files of the record drawings will be furnished in the most current release of the software (now Release 12). If you have any questions, please feel welcome to call me. Otherwise, please return one completely signed copy of the Agreement to me. Our firm appreciates this opportunity to work with you and the City of Hutchinson on this significant project. I am sure you'll be well - satisfied with the quality and responsiveness of our service. Sincerely, BO)IESTROO, ROS�ENE, ANNDDERLIK AND ASSOCIATES, INC. A C� id O. Loskota Associate Principal (_ r 2335 West Highway 36 • St. Paul, MN 55113 • 612 - 636 -4600 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C El ALA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Eighth day of July in the year of Nineteen Hundred and Ninety Four `= BETWEEN the Owner: (Name and address) City of Hutchinson 111 Hassan Street S.E. Hutchinson, MN 55350 -2522 and the Architect: (Nante and address) Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 For the following Project: (Include derailed descripton of Project, rotation, address and scope.) Refer to Appendix A %-.D• The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 01987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of Its provisions without written permission of the AIA vioiatcs the copyright laws of the United States and will be subject to legal proxcudon. j I AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • ®1967 THEAMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141 -1987 t TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architects services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule appmved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program fumished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the sole and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contacts for construction. 2.6 CONSTRUCTION PHASE — ADMINISTRATION . OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided In this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. , AIA DOCUMENT 0141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA- • ®1997 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20DD6 8141 -1997 2 L 0 0 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument.. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragrapb 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever It is in preparation or progress. 2.6.6 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute A representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Cenificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies Of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu. ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, thew agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with Information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the Con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents..The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- it= Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the (laic or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warrantl s and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUI ENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • 01967 3 B141 -1967 TIIEAMERICAN INSTITUI'EOF ARCHITECTS. 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 1, 0 2.6.16 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the fort of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shag not show paniaGty to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architects decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.5.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, In addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that 211 or pan of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than k described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described In the edition of AIA Document 8352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shag not modify the rights, responsibilities or obligations of the Architect as described elsewhere In this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are; .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as 2 result of the Owner's fail- ure to render decisions in 2 timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negoda- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AM DOCUMENT 0141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAS • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141 -1967 4 0 • 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services. relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a Con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making Investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after Issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall famish evi- dence that financial arrangements have been made to fulftll the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 8141 -1997 Au DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall he the total cost or estl- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the tout at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It Ls recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bibs to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 6.3; or .4 cooperate in revising the Project scope and quality as required to [educe the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con - imct Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications; and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently In effect unless the patties mutuaBy agree otherwise. 7.2 Demand for arbitration shall he filed in writing with the other parry to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT 9141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA- • ®1997 THE AMERICAN INSTrUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1987 6 • except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shag be specifically enforceable in accordance With applicable law In any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than in consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the inter ip- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event Of a suspension of services, the Architect shalt have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: 1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services Caned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date If termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such Insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from thew contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third Party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure o(persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlonnated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 8141 -1987 AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA4 • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W„ WASHINGTON, D,C. 20006 6 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10,1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and Include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long- distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents - 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock -ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of servke, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the tlme initially established in Subparagraph 1 1.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 1 1.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, In accordance with the schedule set forth in Subparagraph 11.2.2, based on (t) the lowest bona fide_ bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of NOne Dollars (f shall be made upon execution of this Agreement and credited to the Owner's account at final payment. . 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (rroen hwu of mmpesssaffon, including sfiPulafed sums, mu111P1,1 nr Percenfagm. need rdvaly Pbxis in u*tcb particular melbods of mmpemadon apply. If rurecmm.) Refer to Article 12 AIA DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA- • (i1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141 -1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional pbases as appropriate.) Refer to Article 12 Schematic Design Phase: percent( %) Design Development Phase: percent( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent( %) Construction Phase: percent( %) Total Basic Compensation: one hundred percent (100 %) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: On an hourly basis in accordance with Appendix B 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as par of Additional Services, but excluding ser- vices of consultants, Compensation shall be computed as follows: (Insert lasts of mmpensalinn, including rates andfir mul"Ptes If IN t Personnel Fxpense for principals and empl y,,; and Identify Principais and classify employees, tf required. Identify specific services to wi ict, particular melbas of atmpenwlion apply, !f necessary.) On an hourly basis in accordance with Appendix B 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as pan of Additional Services, a multiple of ( 1.1 ) times the amounts billed to the Architect for such services. (ldenslfy specific Will of consultants in Ankle 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of ( 1.0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 115.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid V ( 3 0 ) days after the invoice date shall bear interest at the rate entered below, or In the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert We of interest agreed upon.) 9 cent per annutn (Usury taus and requirements under the re to Lending Act, similar stale and Incal ensue credit laws and other reRuladant at the Oumer's and Archi- 1 cr's principal places of business, 'be location of the ['rofect and eiuudxre may aQeo be inlidtly of tins pnarisian specific legal advice should be obtained Wlb respect W deletions or nnadiflraliont, and also regarding requirement sudr as molten disclosures or walrus.) 9 8141 -1987 AIA OOCI1RtEM ti1A1 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION a ALAS a ®1997 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N -W., WASHINGTON, D.C. 20006 . 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of ntber sen -ices. identify Additional Semtces included urtibin liasic Contj m anon and modifications M ibe payment and compensation leans included in this Agneematt.) See Page 11 This Agreement entered into as of the day and year first written above. OWNER City of Hutchinson, MN BY (s`g"a`ure) Marlin Torgerson, Mayor And By ARCHITECTBOnestroo, Rosene, Anderlik & so 7iates, Inc. (Signature) ` Otto G. Bonestroo, Chairman m ted a and title' IYon no Signature) Gary Plotz, Administrator AIA DOCUMENT 8711 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • 01987 8141.1987 10 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 0 Article 12 Other Conditions or Services The provisions of this Article shall take precedence over all other provisions of this Agreement. 12.1 Scope of Architect's Services 12.1.1 Scope of Architect's Basic Services shall consist of Sections 2.3 through 2.6 and as itemized in Exhibit C: 2.2 Schematic Design Phase 2.3 Design Development Phase 2.4 Construction Documents Phase 2.5 Bidding or Negotiation Phase 2.6 Construction Phase -- Administration of the Construction Contract 12.1.2 Architect's services are modified as follows: 1) Before Architect may proceed to the succeeding phase of Basic Services, the Owner's written approval is required at Owner acceptance of: * Schematic design. * Background floor plan. Written preliminary approval of the Building Inspector is also required before proceeding to Design Development. * Design development documents. * Construction documents. * Recommendation for award of construction contract. 2) Architect shall respond to only written Owner instructions and review comments, and only as submitted by the Owner's designated representative. 3) Architect shall follow the requirements of the State and local building codes and local zoning ordinances. Owner must notify the Architect in writing of any other regulations that may apply to the Project. 4) Prior to initiation of Schematic Design, Owner shall inform the Architect in writing of any planning, design and construction standards with which the Owner shall require the Architect to comply in the performance of its services. 5) Architect's Basic Services include attendance at the following number of meetings with the Owner: ]:\WT\AGR'940155A1.039 11 • a) Schematic Design Phase: 7 meetings, at the following milestones: 1. Initial "kickoff' meeting. 2. Review City's April, 1992 feasibility report. 3. Presentation at Architect's office of three alternative conceptual designs; tour City of Spring Lake Park facility. 4. Review comments on alternative designs and tour City of New Ulm maintenance facility. 5. Present revised schematic design and tour City of St. Cloud maintenance facility. 6. Review comments on revised schematic design. 7. Owner approval of schematic design, Architect's opinion of probable construction cost, and background floor plan. b) Design Development Phase: 3 meetings, at the following milestones: 1. Review of code requirements, structural design, equipment plan, roof plan, wall sections and finish schedule. 2. Review of preliminary mechanical/electrical drawings, • landscape plan, site grading plan, door schedule, security system, and catalog cuts. 3. Review of outline specifications and Owner approval of design development documents and Architect's opinion of probable construction cost. C) Construction Documents Phase: 2 meetings, at the following milestones: 1. Review of construction documents at 90 percent completion stage, set bid requirements and schedule. 2. Presentation of final plans and specifications at joint meeting of Owner's City Council and McLeod County and Mn/DOT representatives; Owner approval of contract documents and final opinion of probable construction cost; and Owner authorization to solicit bids for construction. 6) If separate construction contracts are awarded for the sand/salt storage facilities and the fueling facilities, approximately five additional meetings will be necessary. Architect shall attend these meetings and others as may be authorized by the Owner as Additional Services for additional compensation as described in Paragraph 12.3.3. 0 7) Modify Paragraph 5.2.1 to add the following: The low, responsive, responsible bid may exceed the Architect's estimate 1:1MRTAGW940155A 1.039 12 /�� • of Construction Cost by as much as 20 percent. 12.2 Architect's Drawings, Specifications, and Electronic Media 12.2.1 Instruments of the Architect's services hereunder as referenced in Article 6 include CAD files and other electronic media containing the drawings and specifications issued for the Project. As part of its Basic Services, Architect shall furnish Owner with a printed copy of the final record plans for the building and site layout and, as a convenience to the Owner, the electronic CAD files of the same drawings shall also be provided to the Owner. In the event of a conflict in their content, however, the printed hard copies shall take precedence over the electronic media. 12.2.2 Electronic drawing files shall be submitted on 3 -1/2 inch floppy diskettes in compressed format (ZIP file) with instructions and commands for file restoration contained on each disk delivered. The drawing files shall be prepared in AutoCAD software, Release 12 or the most current subsequent release. 12.2.3 The electronic files submitted by the Architect to the Owner are submitted for an acceptance period of 30 days. Any defects the Owner discovers during this period will be reported to the Architect by the Owner and will be corrected as . part of the Architect's Basic Services. Corrections of defects detected and reported after the acceptance period will be compensated for as Additional Services. 12.2.4 Owner shall not use these drawings and electronic data, in whole or in part, for any purpose or project other than the Project which is the subject of this Agreement. Owner waives all claims against the Architect resulting in any way from any unauthorized changes or reuse of the drawings and electronic data for any other project by anyone other than the Architect. 12.2.5 Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any damage, liability or cost, including reasonable attorney's fees and costs of defense, arising from any changes made by anyone other than the Architect or from any reuse of the drawings and electronic data without the prior written consent of the Architect. 12.2.6 Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Owner be deemed a sale by the Architect, and the Architect makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. 12.3 Compensation S12.3.1 For Basic Services as described in Sections 2.3 - 2.5 (the "Design" phases) as modified in this Article, Owner shall pay Architect as a fee a percentage of the Construction Cost of the Project, as determined from the following table. Each J:UIXTAGR %940155A 1.039 13 • separate construction contract is deemed a Project. Project Design Fee as a Percentage Construction Cost of Construction Cost $100,000 9.3% 250,000 7.8 500,000 6.8 750,000 6.3 1,000,000 6.0 1,500,000 5.7 2,000,000 5.5 2,500,000 5.4 3,000,000 5.3 Fees for construction costs between the amounts listed will be interpolated. For Projects less than $100,000 in construction cost, all Basic Services will be provided on an hourly basis in accordance with Exhibit B, Billing Rate Schedule. 12.3.2 For Basic Services provided during the Construction Phase under Section 2.6, Owner shall pay Architect on an hourly basis in accordance with Exhibit B. • 12.3.3 For attendance at additional meetings as described in Paragraph 12.1.2 6), Owner shall pay Architect for such Additional Services on the following basis: 1) Meetings at Owner's office $750 / meeting 2) Meetings at Architect's office $275 / meeting Prices are based on two -hour meetings. For meeting time beyond two hours / meeting, Owner shall pay Architect on an hourly basis in accordance with Appendix B. 12.3.4 Progress payments shall be made in proportion to services performed. The cumulative percentage of the Architect's fee for Design Phase Basic Services due upon completion of each design phase shall be as specified in the table below, less any portion of the fee previously paid. Cumulative Percentage Phase of Design Fee 1) Schematic design 20% 2) Design development 45% 2) Construction documents 95% 3) Bidding assistance 100% 7 ?MKT\AGR \940I55A 1.039 14 ` • 12.3.5 Invoices for services rendered and costs incurred may be issued to the Owner monthly for the value of services completed to -date plus costs incurred for Reimbursable Expenses. If back -up data for invoiced Reimbursable Expenses is requested, it will be provided for an administrative fee of $100 per invoice plus $1.00 per copy of back -up data supplied. 12.4 Omissions by Architect Inadvertent omissions by Architect in the Owner- approved Construction Documents may require additions or changes to the Project and/or the Construction Documents during construction. Inadvertent omissions do not include the circumstances described in Section 3.3. Solutions to address inadvertent omissions will be negotiated with the Contractor as Change Orders for approval by the Owner. The construction cost of these Change Orders, whether or not components of the Contractor's original bid, shall be paid by the Owner and not by the Architect. Architect's sole liability to the Owner for inadvertent omissions shall be to prepare Change Orders as a part of Basic Services and not as Additional Services. 12.5 Limitation of Liability Architect's liability to Owner for any and all claims, losses, expenses or damages • arising out of the Project or this Agreement from any cause including but not limited to the Architect's negligence, errors, or omissions shall not exceed the total sum paid on behalf of or to the Architect by the Architect's insurers in settlement or satisfaction of Owner's claims under the terms and conditions of Architect's insurance policies applicable thereto. 12.6 Insurance 12.6.1 Architect agrees to maintain a professional liability insurance policy, insuring payment of damages for legal liability arising out of the performance of professional services for the Owner, in the insured's capacity as Architect, if such legal liability is caused by negligent acts, errors or omissions of the insured or of any person or organization for whom the insured is legally liable and responsible, to an amount of not more than $1,000,000 for each claim, subject to a limit of $1,000,000 annual aggregate, on a claims -made basis. Such insurance cannot be canceled until thirty days after the Owner has received written notice of the insured's intention to cancel the insurance. 12.6.2 The Architect shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. • 2) Comprehensive general liability insurance coverage and automobile liability insurance coverage in the sum of not less than $1,000,000 per policy. JSMKTAGA1940155A 1.039 15 , ly / • Exhibit A Scope of the Project Project Description: Tri- Agency Maintenance Facility to house the street and maintenance departments of the Owner, McLeod County, and the Minnesota Department of Transportation that serve the Hutchinson area. Project Site Location: Adjacent to the Hutchinson National Guard Armory east of the Crow River and south of Highway 22. Project Size: Approximately 41,815 sq. ft. as outlined in the April, 1992 report by Wold Architects and Engineers titled Hutchinson Area Transportation Services Feasibility Study. Preliminary Architectural Program Highlights: is As outlined in the aforementioned 1992 Feasibility Study. • Construction Cost: Estimated in 1992 at $1,800,000 - $2,220,000. This estimated construction cost does not include the cost of site work or improvements beyond five feet past the building perimeter and assumes that all utilities are within five feet of the building perimeter. Actual building cost will depend on building program and level of design to be established by the Owner. Typical costs for a municipal maintenance facility range from $46 - $90 per sq. ft. with a median cost of $62.45/sq. ft. (source: Means Cost Data, 1994). Owner should allow for an additional 3 - 5 percent of the construction cost for Change Order additions to the work during construction. J1hiKIWGR\940155A 1.039 16 • Exhibit B 1994 Billing Rate Schedule Hourly Labor Classification Rate Bonestroo, Rosene, Anderlik and Associates, Inc. Senior Principal Principal / Project Manager Registered Engineer /Architect Project Engineer /Architect Graduate Engineer /Architect/Field Supervisor Senior Drafter Senior Technician /Inspector /Drafter Technician Word Processor Clerical / Printing 0 Amberker Associates, Inc. �J Principal Engineer Engineer Technician /Designer Drafting /Clerical These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. and Amberker Associates, Inc. respectively. J:1M KT\DATA=ST1940155 F 1.VVB 1 $83.00 73.00 63.00 55.50 50.00 45.75 42.50 29.25 30.00 23.50 Range $75.00 40.00 - 65.00 25.00 - 55.00 15.00 - 40.00 28- Jul -94 U--t" PA • 0 28- Jul -94 Exhibit C Basic Services Included in Project? I Task Description Additional Information 1 Project Management Y 1.01 Travel time, pre-design and design phases Y 11,02 Travel time, construction phase Y 11.03 Review Owner input Committee includes County, Mn /DOT 1.04 Consult with special agencies 1.05 Review special re ulations 1.06 Market stud 1.07 Plannin Commission meeting Y 1.08 Attend Owner s City Council meeting 1 meeting 1.09 Special Review Board meeting 1.10 Public hearings Y 1.11 Project meetings, design phases 11 meetings 1.12 Document existing conditions 2 Pre - Design 2.01 Space needs stud 2.02 Buildin program 2.03 Bubble diagrams (space adjacencies) 2.04 Special equipment research 2.05 Field measurements and photos 2.06 Site analysis 2.07 Site selection chart 2.08 1 Environmental study 2.09 Hazardous material stud Y 2.10 Building code analysis 2.11 Budget study Y 2.12 Zoning research 2.13 Site survey J: \M KT\DATA \C OST\940155 F 1. W B 1 M • • 28- Jul -94 Exhibit C Basic Services Included in Project? Task Description Additional Information 3 Schematic Design Y 3.01 Compare alternatives 3 Alternatives Y 3.02 Draft sketches -plan, section and elevation Of selected alternative Y 3.03 Site plan Y 3.04 Structural concept plan Y 3.05 Systems concept plan Y 3.06 Perspective drawing Y 3.07 Presentation drawings Floor plan, section, elevation, site plan 3.08 Operations cost estimate Y 3.09 Interior design 3.10 Acoustical design Y 3.11 Opinion of probable construction cost 3.12 Fixed limit of construction cost 3.13 Artist's renderin 3.14 Presentation model (30) Y 3.15 1 Outline specification 4 Design Development Y 4.01 Approved background floor plan 4.02 Compare structural systems 4.03 Compare mechanical systems 4.04 Special electrical - sounds stem 4.05 Special electrical-securfty system Y 4.06 Structural layout plan Y 4.07 HVAC layout plan Y 1 14.08 Electrical layout plan Y 4.09 Catalog cut booklet Y 4.10 Room finish schedule 4.11 Energy payback comparisons 4.12 Site utilities beyond building perimeter 4.13 Traffic engineering Y 4.14 Outline specification Y 4.15 Opinion of probable construction cost 4.16 1 Fixed limit of construction cost J AM KT\D ATA\C O S T\940155 F 1. W B 1 �v 11 0 28- Jul -94 Exhibit C Basic Services Included in Project? Task Description Additional Information 5 Construction Documents / Bidding Assistance 5.01 Demolition plans Y 5.02 Bid alternates 3 maximum Y 15.03 Site engineering drawings Y 15.04 Landscape drawings Y 15.05 Architectural drawings Y 15.06 Structural drawin s Y 5.07 Mechanical drawin s Y 15.08 Electrical drawings Y 15.09 Special equipment 5.10 Short form specifications Y 15.11 Standard specifications 5.12 Construction management bid packages 5.13 Special code reviews 5.14 Special agency reviews 5.15 Special specification standards Y 15.16 Printing bidding documents Expenses are reimbursable. 5.17 "Or Equal' specifications 5.18 Bidder pre -qualification 5.19 Value engineering 5.20 Evaluate substitutions /approve equals Y 5.21 Opinion of probable construction cost 5.22 1 Fixed limit of construction cost 6 Construction Phase Services 6.01 Full -time inspection 6.02 Weekl inspection Y 6.03 Bi- weekly inspect-ion 6.04 Inspection as determined by Architect 6.05 Limited inspections (no.) 6.06 Special meetin s (no.) 6.07 Special inspection (structural) Y 16.08 Shop drawing review 6.09 Testing 6.10 Re- inspections 6.11 Start-up services 6.12 Operations instructions Y 6.13 Record plans Includes AutoCAD drawing files Y 6.14 Construction contract administration J: \M KT\DATA\COST\940155F 1. WB 1 �4v SUBDIVISION AGREEMENT VILLAGE COOPERATIVE OF HUTCHINSON CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Richard J. Schmidtbauer and Beatrice M. Schmidtbauer, Fee Owner of that portion of Village Cooperative of Hutchinson plat formerly known as Schmidtbauers Fourth Addition, hereinafter called the "Subdivider% and Tapp National Bank of St. Cloud, Minnesota, a United States Corporation, as Trustee of the Trust created under the Last Will and Testament of Marvin T. Hoernemann, deceased, owner of Tracts A & B of Registered Land Survey No. _ , and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; W ITNESSETH: WHEREAS, Hoernemann is an owner, and the Subdivider is the owner and developer of land situated in the County of McLeod, State of Minnesota; WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; WHEREAS, the Subdivider wishes to amend the previously approved Subdivision Agreement for Schmidtbauers Fourth Addition dated September 10, 1990 for Blocks 3, 4 and 5; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The Subdivider hereby petitions the City to construct sanitary sewer mains and appurtenances, watermains and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, and appurtenances to serve Blocks 3, 4 and 5 and Tract B of Hoernemana Trust. 2. It is understood and agreed that the improvements in Paragraph No. 1 will be installed by the City under one or more contracts. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed on a front foot basis for all adjacent improvement costs as follows: A. WEAR COURSE ON SHERWOOD STREET Half of the cost shall be assessed to each of the following parcels: 1. Lot 1 /Block 1 of Village Cooperative of Hutchinson 16? ^74 4fllage Cboperstire ofaddunew S}rbdimm Apwnznt - Page 2 2. Block 1, Lots 11 - 21 and Block 2, Lots 8 - 15 of Schmidtbauers Fourth Addition Village Cggperative of Hutchinson R��t • :_! �_ \, � �R G � i R • �� � l �R_f \_, a _..t11. �. Block 1, Lot 2 (includes credit for 83.3 foot of previous imp.) 552.52 FF Village Cggperative of Hutchinson Block 1, Lot 1 384.00 FF Block 1, Lot 2 (includes credit for 83.3 foot of previous imp.) 552.52 FF Schmidtbauers 4th Addition Block 5, Lot 1 140.00 FF Block 5, Lot 2 140.00 FF Tract B of RLS No. 666. 52 FF TOTAL ASSESSABLE FRONT FOOTAGE 1,883.04 FF It is understood that all assessments to Tract B of RLS No. _ shall be deferred until the property is annexed into the City of Hutchinson, and developed and/or subdivided. It is understood that the assessment amount will include accrued interest, or will be adjusted by the Engineering News Record cost index, which ever is lower, per City Policy. 6. It shall be the responsibility of the Subdivider to clear trees and/or debris from utility easements and right -of -way, as per the request of the City or utility prior to installation of the improvements. The right -of - -way shall be graded by the Subdivider to within 0.2' of final subgrade and any unstable soil conditions in the right,-of-way shall be corrected prior to the commencement of construction on the site. Any additional work needed to meet this requirement shall be the responsibility of the Subdivider. 7. It is understood and agreed that it shall be the responsibility of the Subdivider to provide topsoil for backfill of the curb and gutter, and provide all tuuf establishment and erosion control necessary to protect the utilities and street improvements. 8. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty six months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. 9. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 10. This agreement &ball be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 11. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and that no Building Permits will be issued until said Agreement is recorded. IN WITNESS THEREOF, has hereunto set its hand this (o" day of , ^, 1994. FEE OWNER: ichard f. Schmidtbauer len Beatrice M. Schmidtbauer TRUSTEE (Zapp National Bank of St. Cloud, Minnesota): �� Daryl H o" M ritko (Tivat Offioor) Wlev Cacperadw ofllixo6iow Sub&vism Apvc=& - Page 4 STATE OF MINNESOTA The foregoing instrument was acknowledged before me this (o" day of , by Richard J. Schmidtbauer and Beatrice M. Schmidtbauer, husband and wife. COUNTY OF Y11 1 L- -& Notary Puhh , _ is ta My Commission E NOTDAV PUnU 'NNSWTA STATE OF MINNESOTA The foregoing instrument was acknowledged before me this 16th day of March, 1994 Daryl Moritko, Trust Officer for Tapp National Bank of St. Cloud, Minn ta COUNTY OF _ McLeod Notary Public, McLeod County, Minnesota My Commission Expires May 19, 1995 ' 1 .,:z;LEOD COUNTY '`.,....;.: My commWom E Yea MQI 19,1985 APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF , CITY OF HUTCHINSON MA N TOR r7r N, MAYOR KENNETH B. M R ILL, FINANCE DIRECTOR Village Cooperative of Hutchinson Subdivision Agreement - Page 4 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1994, by Marlin Torgerson, Mayor and Kenneth B. Merrill, Finance Director of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg Director of Engineering /Public Works Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 612 - 234 -4208 3 I I VILLAGE COOPER!" I , Ir Z' East 466.52 ! :z: ~ s•� j f.�`�I••' j I <;l •• O r _ I A z.SZh J6<.0a i - --; {- - 1Io • to East 1 10.00 •. n ..• LOCK I -. O �.: I I N 2 i -4 i I I— W) li 'i ,LOT -LOT i- 10 -0. 1 - ,- -- !j? I:L � N Ix •1'� NI IM '.L,`i'1.��.[T.i 'P ff .•,. •��'..1.1 i" T O al c -i _-4 i ..'.. , I I 1 'T i 1 ... I I East I o ' _ _ -t- — ak_ 5z — I I - - -'—I sn. uo 1. _. J - .. ____ —t -- Cost ;. ... I 16000 ORCHARD AVENUE W ., 60.00! .. f North 50.00, -I crlr[O .�`::. :� r1 ♦:� •,.•..7 '!'.i. - — ... Snr[P X30.00 O ..� :I East 766.52 Q- of , : r..l• 1 .1.., , !-. [.. (, rir. • "� :... .. .... I I �-: ...I. D'I_ttt�zG- Ula i SCHMIDTBAUER S FOURTH ADDITION 2 Y N ] ?P • ?P S 4 Wr la 21 yl m #1 n 41 w W n ?N 1• * IS „TRACT, E Of AL •5"NO. ] aw qM�.• •non ry wr^I ♦� nr y.♦ 1• IS J \ I , \ � NoF u'.�e w'�w. �yy l.w...4 Mi• .x nn♦ w •� .n♦u ..M L n ♦rW s x•• • Iw x . x♦� SHEET 2 Of 2 SHEETS 1 1\ 1 I I � 1 I 1 � I I r I ( 5[XMICi O•UF.R9 SCXMI•T•A\R I � -- � 1 \ \ I yA- NMIOT•YIIf.N5 SE'C C LQCIT i^ '� flRli i LI%dTICN I 1 I ,\ I 1 wP I 8i 81 •F ' ' Q. a w l rL t' i "• o� *i �\ 1\ �w r'] \ \I♦ oP L �b.W iX i [ .., �� \ 'PX•, r . :; .x J ti y � • B t n� [w ��2 l � • 3 • eh3 L -. i S 1= ;= 11 IQ F. •..'L : < i 11 r � \ i =�� I r 2 Y N ] ?P • ?P S 4 Wr la 21 yl m #1 n 41 w W n ?N 1• * IS „TRACT, E Of AL •5"NO. ] aw qM�.• •non ry wr^I ♦� nr y.♦ 1• IS J \ I , \ � NoF u'.�e w'�w. �yy l.w...4 Mi• .x nn♦ w •� .n♦u ..M L n ♦rW s x•• • Iw x . x♦� SHEET 2 Of 2 SHEETS OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 1981 PARKING BDS HANSEN GRAVEL 1984 PARKING BDS LORENCE & ASSC 1993 IMPRO.CON B BARR ENGINEERING CO R.P.UTILITIES WM MUELLER & SONS 1994 IMPRO CONST BOLTON & MENK, INC. JUUL CONTRACTING CO MID -MN HOT MIX INC RANDY KRAMER EXCAVATING INC AIRPORT RENOVAT. SHEPARD HOUSE SUBSTRUC APPRAISAL- F.TEWS PROF SERVICES -MAY EST #7 LETTING #7 EST #11 LETTING #5 PROF SERVICES -JUNE EST #2 LETTING #2 EST #1, LETTING 9 EST #1 LETTING #10 BRAUN INTERTEC ENVIRONMENTAL I PROF SERVICES COUNTY TREASURER STATE DEED TAX MCLEOD COOP POWER ELEC AT TEST TRAILER TKDA PROF SERVICE EM .N -,E a Page 1 $2,300.00 $2,300.00 $325.00 $325.00 $935.15 $299.00 $14,049.17 $15,283.32 $1,173.76 $78,953.27 $48,352.15 $97,614.00 $226,093.18 $2,101.00 $204.60 $13.52 $12,945.66 $15,264.78 BRANDON TIRE CO CONTRACT REPAIR & MAIN $358.44 CARQUEST AUTO PARTS OILCHANGE/ AIR FILTER $1,431.52 CERTIFIED LABORATORIES MOLY AEROSOL $131.76 CHAMPION AUTO BATTERY $72.52 CITY OF HUTCHINSON AUG MEDICAL $432.09 CROW RIVER AUTO REPLACE TRANSMISSION $1,196.10 FARM & HOME DIST. CO WIRE ROPE $2.00 FORTIS BENEFITS AUG LTD $15.83 HOLT MOTORS INC OIL BATH SEAL $258.97 HUTCHINSON WHOLESALE SUPPLIES $205.57 JERRYS TRANSMISSION REPAIR BUS $2,763.70 L & P SUPPLY CO LABOR, AIR CLEANER $87.65 MANKATO MOBILE RADIO INSTALLATION $908.02 MEIER, DOUG TRAINING $21.46 MN BODY & EQUIPMENT SWITCHES $38.98 MN.MUTUAL LIFE AUG LIFE INS $6.51 MTI DIST.CO ROLLER DECK, SHAFT ROL $85.91 OLSONS LOCKSMITH TRUNK LOCKS, DOOR LOCK $287.42 P.S.E. LIGHTING DIVISION PRO COPPER CONSOLE $1,217.00 //� 7 i OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 Page 2 POSTAGE BY PHONE JULY POSTAGE $5.22 REACH EQUIPMENT RESHARPEN $18.50 STREICHERS CREDIT $23.67 TOWN & COUNTRY TIRE FRONT ALIGNMENT $38.00 WIGEN CHEVROLET CO LAAB & PARTS & MAIN $2,294.20 $11,901.04 CITY HALL CONST. GENERAL OFFICE PRODUCTS CO CHAIRS $1,007.49 HAGER JEWELRY PLASTIC INSERTS $367.00 JUUL CONTRACTING CO COMPACTED GRAVEL @ OLD $402.00 $1,776_49 ENERGY LOAN FD LABAT & HEXUM CONST INSULATION FOR 132 MAI $700.00 $700.00 GENERAL FUND A & B ELECTRIC RIFLE RANGE $450.00 ALBINSON LEVELING ROD $334.32 ALFAX OAK CONSOLE $98.00 ALL SEASONS LANDSCAPE /DESIGN TREE $65.00 ALLEN OFFICE PROD STAMPERS, PENS, ETC $97.39 AMERICAN FORESTS MEMBERSHIP- SCHNOBRICH $30.00 AMERICAN RED CROSS SAFETY BOOKS $335.84 ARNOLD & MCDOWELL JULY COMP $4,164.00 AUL, DOROTHY SHELTER REFUND $15.00 AUTOMATION SUPPLY CO CARTRIDGE $28.88 BEAR -AIDE INC SNIPER TEMPLATE $7.95 BENNETT OFFICE SUP. SER CONT $530.42 BERKLEY ADMINISTRATORS CATALOG $10.00 BERNICK & LIFSON PROF SERVICES FRANCHIS $1,268.75 BIG BEAR WELDING ROD $90.98 BLEVINS CONCESSION SUPPLY BOIL & CLEAN KETTLE $110.78 BOLTON & MENK, INC. PROF SERVICES -GIS BASE $1,475.00 BOWERS, JERRY REFUND FOR COND USE PE $75.00 BRECHT, MARSHA SPORTS CAMP REFUND $13.00 BREMIX CONCRETE CO MINIMUM LOAD CHARGE $214.33 BRINKMAN STUDIO FILM $5.86 BRINKMAN, NATE 3 GAMES $13.50 BUSINESSWARE SOLUTIONS REPAIR PRINTER $47.66 CADD /ENGINEERING SUPPLY TRIANGLER SCALE $324.96 CAMERA SHOP DEV PRINTS $14.17 CARLSON, KAREN 15 HOURS $75.00 CARNEYS GRAB BAGS $10.00 CASH WISE PHOTOS,FTC $1,430.50 CHAMBER OF COMMERCE MEMBERSHIP - CRAQCI $125.00 CHAMPION AUTO HOSE $12.77 CHARLES BAILLY & CO AUDIT SERVICES $5,000.00 CITY OF HUTCHINSON AUG DENTAL $28,812.39 CLAREYS SAFETY EQUIP NOZZLE, PACKING $68.00 OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 Page 3 CLARK, HEATHER SOFTBALL UMP $5.00 COMM TRANSPORTATION HANGAR PAYMENT $700.00 COMSTOCK DAVIS INC MAY PROF SERVICES $750.00 COUNTRY KITCHEN PRISONER MEAL $6.60 COUNTY TREASURER PARCEL PRINTOUT $10.50 CRIMINAL JUSTICE INSTITUTE REG- R.KIRCHOFF $195.00 CROW RIVER GLASS WINDSHIELD $182.05 CULLIGAN WATER COND SERVICE CALL $30.00 CURTIS INDUSTRIES BLACK WIRE TIES, CLIPS $171.58 DEPT NATURAL RESOURCES DNR REG FEES $413.00 DOMINO'S PIZZA PIZZAS $49.00 DOSTAL, ROSA INTERPRETATION $45.00 ELECTRO WATCHMAN ANNUAL CHARGE $383.40 FAIRCHILD, JASON KIDDIE CARNIVAL $13.50 FAMILY REXALL DRUG FOLDERS $77.83 FARENBAUGH, JIM TOURNAMENT $23.38 FARM & HOME DIST. CO SUPPLIES $135.01 FEED RITE CONTROLS AG BULBS, METER, CLIP $81.00 FENSKE'S STUMP REMOVAL STUMP REMOVAL $435.67 FESTIVAL FOODS 8 BOX LUNCHES $152.62 FIDELITY PRODUCTS CO. BAG MAILER BLUEPRINT $70.39 FITZLOFF HARDWARE PAINT, SHOPLITES, ETC $207.40 FLOOR CARE SUPPLY FLOOR CARE $1,087.18 FORTIS BENEFITS AUG LTD $1,166.94 GAB BUS SERVICES ADD'L SETTLEMENT $386.50 GIESE, RICK UMPIRE $168.00 GLENCOE UNIFORMS SPARE CUFF $47.66 GOVERNING SUBSCRIPTION 3 YEARS $29.98 GRAND VIEW LODGE RESV- R.KIRCHOFF $255.15 GREGOR, STAN 2 SR. TOUR REFUNDS $60.00 HAMMOND- JOHNSON, MICHELLE CASH ADVANCE $301.04 HANSON & VASEK CONSTRUCTION REMOVE & REPLACE CURB, $3,699.50 HCVN- CH. #10 CABLE FRANCHISE $750.00 HENRYS FOODS INC CANDY $1,269.24 HRANICKA, GARY UMPIRE $126.00 HUTCH BOWL SPRING BOWLING $139.50 HUTCH COMM HOSPITAL REGULATOR AMBULANCE $1,124.00 HUTCH CONVENTION & JUNE LODGING TAX $2,028.44 HUTCH COOP CENNEX JULY FUEL $4,346.12 HUTCH FIRE & SAFETY INSPECTIONS $504.38 HUTCH FIRE DEPT TRAINING $698.58 HUTCH FIRE DEPT RELIEF ASSC. 1994 ASSESSMENTS $15,000.00 HUTCH PLBG & HTG CO REPAIR DISHWASHER $80.00 HUTCHINSON LEADER PRINTING & PUBLISHING $1,658.81 HUTCHINSON TEL CO AUG PHONE $3,835.40 HUTCHINSON UTILITIES ELEC $9,130.64 HUTCHINSON WHOLESALE SUPPLIES $31.12 ICBO MEMBERSHIP DUES $85.00 INK SPOTS CERTIFICATE OF AWARDS $27.84 ISIA FREESTYLE $8.00 JACK'S UNIFORMS & EQUIPMENT POUCHES $120.25 JIM'S GARDEN SERVICE MOW WEEDS $521.85 JONES, CHARLES CONFERENCE EXPENSES $2.01 JUUL CONTRACTING CO DEMO VIOLA'S HOUSE $3,275.00 OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 K MART KJORSTAD, BARBARA KOBERNUSZ, JEFFERY KRUEGER, HAROLD L & P SUPPLY CO LAW ENFORCE EQUIP LEMKE, PAUL LEONARD, CHRIS LINDER BUS COMPANY M R SIGN M.C.M.T. INC M.I.A.M.A. MACK, MIKE MADSON, STEVEN MCBROOM CONSTRUCTION MCGARVEY COFFEE INC MCLEOD COOP POWER MCRAITH, JAMIE MINER, JANICE MINN U C FUND MN COUNTY ATTORNEYS ASSC MN DEPT OF HEALTH MN SPORTS FEDERATION MN STATE FIRE CHIEFS ASSC MN.ELEVATOR INC MN.MUTUAL LIFE MOTOR VEHICLE MPCA MUELLER, DAVE MUN LIQUOR STORE NAN & DAD'S DANCE STUDIO NATIONAL SAFE WORKPLACE NO STATES SUPPLY INC OFFICE PRODUCTS OMNITRAK PEARCE, LORRAINE PETERSON BUS SERVICE PLANTS BEAUTIFUL NURSERY PLOWMANS POSTAGE BY PHONE PRO AUTO CLEAN Q MIDWEST INC QUADE ELECTRIC RADISSON HOTEL ST. PAUL RECREONICS RESH,ELLEN RICHARD LENNES ROCHELEEN,JENNY ROTO ROOTER LAMP SWIM LESSONS REFUND UMPIRE MUSIC FOR PAR DINNER CUTTING LINE, SPRING BLOCK LETTERS UMPIRE SPORTS CAMP REFUND BEAVER MTN BUS SIGNS AUG CHARGES CONF REG- M.HAUGEN TOURNAMENT -12 HOURS TAVEL EXP BACKSTOP MATERIAL COFFEE ELECTRICITY T SHIRT SALES -3.5 HOUR SWIM REFUND 2ND QTR FORFEITURE FORMS, ETC PERMIT APPL FEES ADD'L BERTH CLASS B DUES- C.STOTTS ELEVATOR SERVICE AUG LIFE INS LICENSE CONVERSION PERMIT APPL FEES PARKING WATER SLIDE TRIP ENTERAINMENT FEE INSTIT REPORT BOLTS TONER CARTRIDGE RUMRILL, BURTON RUNKE, REINHOLD RUTZ PLBG & HTG SAFECO NATIONAL INSURANCE CO SALLY DISTRIBUTORS WP REGST SR. TOUR REFUND RED RUBY SALES TAX TOW FROM CORD 61 JULY POSTAGE INTERIOR CLEAN OIL FLORESCENT BULBS LODGING- C.JONES SUPPLIES REFUND SWIM JULY COMP CONCESSION STAND CLEAN DRAIN UMPIRE UMPIRE REFUND FOR PERMIT INSURANCE- DEDUCTIBLE C POLY PENNANT Page 4 $40.30 $10.00 $168.00 $75.00 $84.69 $42.71 $196.00 $12.00 $472.40 $117.60 $21.85 $290.00 $51.00 $221.35 $1,247.12 $138.75 $285.06 $14.88 $10.00 $249.91 $33.95 $150.00 $90.00 $25.00 $62.95 $464.31 $116.25 $240.00 $15.00 $210.00 $30.00 $49.00 $127.86 $108.94 $1,188.00 $32.00 $225.00 $5,314.50 $51.63 $902.49 $30.00 $2.11 $46.16 $341.15 $55.75 $15.00 $2,000.00 $23.38 $45.00 $168.00 $112.00 $133.75 $41,645.60 $77.40 OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 Page 5 ----------------------------------------------------------------------------- SANDBERG, JOHN 3 GAMES PEANUT GAMES $13.50 SCHARPE, ANGELA CARNIVAL $12.75 SCHARPE, JEREMIAH CARNIVAL $12.75 SCHLUETER, JESSY DANCELINE INSTRUCTION $90.00 SCHMELING OIL CO GASOLINE $67.83 SCHMELING, AARON UMPIRE $84.00 SCHRADER, JEFF UMPIRE $70.00 SCHWARTZ,TYLER TOURNMENT $27.63 SEH PROF SERVICE $4,400.24 SELECT CARE SELECT CARE $235.50 SEVEN WEST WASH & DRY POOL LAUNDRY $64.70 SHARE CORP SUPPLIES $189.65 SHAW, KAREN WAGES- TEMPORARY EMPLOY $242.00 SHOPKO FILM $109.92 SIMONSON LUMBER CO SUPPLIES $13.46 SOUTHWEST MN EMS CORP PRE REG FOR CISD TRAIN $80.00 SPIAA REG FEE C JONES $600.00 STANDARD PRINTING POST ITS $143.08 STAR CABLEVISION AUG SERVICE $4.08 STAR TRIBUNE AD $342.00 STARKE, RANDY UMPIRE $70.00 STARRETT, JOEL REFUND DISTRICT TOURNM $45.00 STATE OF MINNESOTA BACKGROUND INVEST PROC $10.45 STEPP MFG CO INC FREIGHT CHARGE $4.37 STREICHERS 4 TRUNK ORGANIZERS $665.64 TOPEREZER, DENISE REFUND $15.00 TRI CO WATER COND SALT $19.60 TURNQUIST INC REC WHITE PAPER $1,333.95 TWO WAY COMM INC PAGER BATTERY $47.93 UNITED BLDG CENTERS GREEN ASPEN LST $11.15 UPIN, ANDREW REFUND FOR SHELTER RES $15.00 VIEYRE, ERIK CONCESSIONS $72.25 WAAGE, RICHARD TRAVEL EXP $319.95 WAL -MART BALLOON $19.03 WITTE SOD SOD $11.55 WRIGHT, LEE UMPIRE $168.00 $168,969.27 INSURANCE FUNDS AMERICAN HEART ASSC ANNUAL PROGRAM REG FEE $30.00 UP & AWAY BALLOONS BALLOONSFOR HEALTH KIC $25.00 WAL -MART HEART AT WORK $115.23 $170.23 AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 7 -30 $655.00 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 7 -30 $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 7 -30 $150.30 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 7 -30 $1,709.00 PERA LIFE INS CO. EMPLOYEE CONTRIB 7 -30 $130.50 PERA- D.C.P. EMPLOYER CONTRIB 7 -30 $52.02 PRUDENTIAL EMPLOYEE CONTRIB 7 -30 $140.00 OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 Page 6 ----------------------------------------------------------------------------- PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB 7 -30 $318.46 PUBLIC EMPLOYEES EMPLOYER CONTRIB 7 -30 $12,349.21 TEMPLETON INC EMPLOYEE CONTRIB 7 -30 $658.55 WADELL & REED EMPLOYEE CONTRIB 7 -30 $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 7 -30 $31,353.50 PAINT, BRUSHES, ETC $149.41 FEED RITE CONTROLS ACID HYDROFLUOSILICIC $47,766.54 r, I: G ERICKSON FREEDOM FUEL $34.74 HUTCH COOP CENNEX JULY FUEL $42.58 HUTCH FIRE DEPT BEV & LUNCH COSTS $216.72 HUTCH FIRE DEPT RELIEF ASSC. 1994 ASSESSMENTS $6,160.00 $6,454.04 WATER /SEWER FUND AAGARD WEST JULY RECYCLING $23,673.59 AQUARIA PETS WANDS, VALVE $19.40 BRANDON TIRE CO TIRE REPAIR $10.00 BUSINESSWARE SOLUTIONS SERVICE $445.96 CBI NA -CON INC PROJECT # 14042.02 $26,172.69 CITY OF HUTCHINSON AUG DENTAL $4,266.71 ELECTRIC MOTOR CO MOTOR $303.52 FAMILY REXALL DRUG LABELS $27.43 FARM & HOME DIST. CO PAINT, BRUSHES, ETC $149.41 FEED RITE CONTROLS ACID HYDROFLUOSILICIC $569.75 FESTIVAL FOODS SUPPLIES $1.47 FORTIS BENEFITS AUG LTD $162.97 GENERAL REPAIR SERVICE REPAIR NASH PUMP $233.01 GRAHAM, MARION TRAVEL EXP $24.72 HACH COMPANY ANALYZER KIT $92.41 HARRIS MECHANICAL JULY PREV MTCE $1,025.00 HENRY & ASSOCIATES 1000 GASKETS $72.58 HUTCH COOP CENNEX JULY FUEL $651.15 HUTCH PLBG & HTG CO VALVE $9.05 HUTCHINSON TEL CO AUG PHONE $477.39 HUTCHINSON UTILITIES ELEC $247.00 HUTCHINSON WHOLESALE HOSE $2.77 INDUSTRIAL MAINT SUPPLIES DISCONNECT, NUTS, ETC $107.45 INK SPOTS POSTCARDS $165.41 L & P SUPPLY CO OIL $57.94 MN VALLEY TESTING LAB TESTING $132.00 MN.MUTUAL LIFE AUG LIFE INS $66.36 NALCO CHEM.CO NALCO $5,802.97 NCL LAB SUPPLIES $291.57 NORTHERN WATER WORKS SUPPLY METER SEAL WIRE, SEAL $72.37 OMNITRAK WP REGST $198.00 POSTAGE BY PHONE JULY POSTAGE $149.29 QUADE ELECTRIC LAB&MATERIAL $169.42 R A K INDUSTRIES RAINSUITS $247.78 RANDY DEVRIES TRAVEL EXP $29.98 SANIFILL INC SERVICE $3,692.17 SERCO LABORATORIES TESTING $263.00 OPEN -HOLD COUNCIL REPORT Tue Aug 9 1994 15:11:32 Page 7 ------------------------------------------------------------------------------ SHOPKO SOLID NM $50.63 SIMONSON LUMBER CO NAILS $1.05 STANDARD PRINTING TRANSPARENCIES $65.18 TRANSPORT CLEARINGS FREIGHT $178.00 TRI CO WATER COND 4 BAGS SALT $19.60 UNITED BLDG CENTERS SUPPLIES $6.23 $70,404.38 $567,408.27 WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE EMPLOYEE CONTRIBUTION 6,191.55 DEPOSITORY TRUST COMPANY 1992 IMPROV INTEREST 43,826.25 1991 IMPROV INTEREST 39,102.50 1990 IMPROV INTEREST 51,337.50 1990 TAXABLE MEDICAL INTEREST 148,141.88 1990 MEDICAL. FACILITIES INTEREST 102,663.75 PRINCIPAL 70,000.00 1992 REFUNDING IMPROV INTEREST 10,500.00 1993 IMPROV INTEREST 39,673.75 IMMEDIATE PAY COUNCIL REPORT Tue Aug 9 1994 15:08:44 Page 1 GENERAL FUND COMM TRANSPORTATION SIGN PERMIT #4462 $75.00 DDC PUBLISHING 20 BOOKS $145.75 DEPT NATURAL RESOURCES DNR REG FEES $543.00 HAYNES, TRICIA JULY 29 PERFORMANCE $300.00 O'NEIL, JUDY SWIMMING REFUND $10.00 SCHMELING OIL CO 33 GALS BULK OIL $138.82 SECRETARY OF STATE NONPROFIT REGISTRATION $25.00 U S POSTMASTER QTRLY NEWSLETTER POSTA $139.54 $1,377.11 WATER /SEWER FUND JUNKER SANITARY SERV INC & SETTLEMENT $18,000.00 MWOA 4 BANQUET TICKETS $100.00 U S POSTMASTER WATER BILLS POSTAGE $240.00 $18,340.00 $19,717.11 HANDWRITTEN CHECKS AUGUST 9, 1994 LIQUOR FUND AMERICAN LINEN SUP BERNICKS PEPSI CDI OFFICE PRODUCTS CITY OF HUTCHINSON CMI REFRIGERATION DIAMOND CLEAR ICE ED PHILLIPS FESTIVAL FRIENDLY GRIGGS COOPER HAROLD SANDGREN ICE SER HENR'S HERMEL WHOLESALE HUTCHINSON TELEPHONE JOHNSON BROTHERS QUALITY WINE STANDARD PRINTING TRAVELERS DIRECTORY TRI- COUNTY WATER COND TRIPLE G TOWELS 87.92 SOFT DRINKS 328.99 MISC 7.99 PAYROLL DED 4,755.63 ICE BAGS 159.44 ICE CUBES 126.00 WINE PURCAHSE 3,227.67 SUPPLIES 3.65 BEER 697.20 WINE 9,558.35 ICE CUBES 55.95 MISC 2,198.76 MISC 618.50 COMMUNICATION 266.52 LIQ/WINE PUR 7,866.69 WINE PURCHASE 1,303.05 CASSETTE 102.11 ADV 223.20 SALT 5.27 BEER PUR 29,544.60 TOTAL $61,137.49 0 11 FOR YOUR INFORMATION ,4,,,> � :j pt" 111 AU6 5W JUST 4 SAO" IAoTc ,D k r.[� 'J7 �a`�nq --tie 4o;-v 71a Is�e�, � COMW 2oL7S --nm 71nnlq peo/ /e l yvo /v�-Cr //6e- ore /�- 01izi, 5 iQa15 '7DY %�a e LtSScSS•rne�iTs 07? (�-[� �"6! . / Yedias %O�U(OU5 7GiGl GUf_ WJU�Q EUU�t LLB/ J'ye�Cil/�lntXc4 �Gt� �e Cc�1GGt� .L �aC(Le l /A/C(rC Qd^P lI1U/J?er04'S CoSIS/ (u/VO�jGc�/, �- �(So � -IrocJ �?<' �g Ue[rrf cti�izeu.l� •7a Pu� Wrlfl6f- aavWOU14170 kotlJl*luc4 G?cn�eCwReVj �l2G( lu o`v,� d�rn�ei� • T'r�e pY10�7� m��e �7 �i¢ �� +nee'�1u�4 lues� ad�tn55e� fG1�S �,<x�irn at e< f 1 s,dcs c ( �e� w+akm vm,,v ecc5iarl• St hC.eYty 5i 44a HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 HUTCHINSON FIRE DEPARTMENT MONTHLY COUNCIL UPDATE JULY 1994 The Fire Department responded to 22 calls in July. Some of the calls: Lightning struck a house at 900 Lewis Avenue - minor damage. Barn fire at 24613 Vista Road - overheated hay. • Minor propane gas leak - no damage. Drills: 0 Stove fire in an apartment - smoke damage to the unit. Vandals set off a sprinkler head in a vacant apartment. We had water damage to 8 units. The department responded to a small child who was hit while riding his bicycle. Pumping drill Water rescue in the river SCBA drill F Pi 0 LIGHT TRAFFIC TASK FORCE MINUTES Monday, July 11, 1994 Members present: Brian Bonte, Leslie Smith, Lucille Smith, Dave Mueller, Ed Doring, Rick Kjonaas, Dolf Moon and John Rodeberg. Members absent: Mary Ann Kasich, Rick Larson, Mark.Cormier, Caroline Pohlen, Tina Vorlicek, Kay Peterson, Ronald Ramirez, Jim Marka, Al Koglin, John Arlt, Bob Works, Greg Pates and Cheryl Plathe. I. INFORMAL PUBLIC MEETING REGARDING BIKE PATH ALONG 5TH AND JUERGENS RD. AND ROBERTS RD John Rodeberg explained the goal of the program and the meetings leading up to this point. He stated there have been concerns by the biking public for safety of bikers in the city. John commented on the bike path system in Finland and the possible routes in Hutchinson. He showed a map of Hutchinson with a proposal for routes throughout the city, stating the problem areas are crossing the river to connect the city from north to south most likely the east/west corridor would be set up first. John then commented on the first trial bike path set up along Roberts Rd. between Dale St. and School Rd. He explained the problem with setting up bike paths in the residential areas is the parking. He stated there would be no public hearing required. The city council has directed informal public meetings however, to gain input from the property owners affected by the paths. Mr. Ralph Johnson, 558 Juergens Rd., commented on the truck traffic on Juul Rd. Maxine Engwall, 506 Juergens Rd., commented on concerns with the truck traffic on Juul Rd. and the single driveways in the area. Geri Johnson, 558 Juergens Rd., commented on parking concerns. There was discussion on the use of sidewalks for biking (which is illegal), walking and roller blading. Deb Roepke, 655 5th Ave S.W., commented on the lack of sidewalks and the poor lighting. Dolf Moon commented on the pedestrian walk ways. He noted concerns with not enough walk paths. E .LIGHT TRAFFIC TASK FORCE MINUTES JULY 11, 1994 Ervin Burich commented on his concerns with the rollerblades in the area. He also stated this is a motorized community and can not be compared to Finland. Steve Ward asked about the committee and how it was formed and also the safety of bicyclists in the community. Discussion followed on the hazard of biking on Main St. A comment from the floor was to designate,with signage,certain streets as bike routes and not take away parking. Dolf Moon commented on the seminar in the fall which used examples from Finland. This was not necessarily how Hutchinson would proceed. He stated education is the most important for safety. Discussion followed on going to service clubs regarding safety of bicycling. Education is for adults as well as children. There was also discussion on use of bike paths and the growth of the community. Dolf stated the feedback from the community in meetings such as this, is valuable for the task force to plan routes and educate the public. Bill Baumann, 615 5th Ave S.W., asked how many people actually use bike to go to work. He stated there may not be enough people to make this project work. He commented that education is a must to control traffic in the community. Dave Mueller, task force member, commented on the safe biking education in the schools. He noted the police department will start with children and may get involvement from adults. There was more discussion on concerns with the danger of rollerblading in the city. Dolf Moon explained the funding appropriated for the Luce Line Trail with would be a combination of federal and local money. Discussion followed on the concerns with parking in the residential areas and the fact the council members were not present to hear the concerns. John Rodeberg commented on the number of options and the fact this is the first of many informational meetings. He stated there is a study being done to determine how many people would use bike paths in Hutchinson. John commented on the focus groups in the community. These groups worked on the problem areas to route the paths. The task force was formed from the focus groups. 2 •LIGHT TRAFFIC TASK FORCE MINUTES JULY 11, 1994 There was discussion on paths to the county parks. The next step is to look at the demographics of the city including the economy which plays a role in the use of bikes for other than recreation. Discussion followed on the need for a safe route to Roberts Park. II. PRESENTATION OF POLICE BICYCLE Police Officer Dave Mueller, coordinator of policing with bicycles, commented on the positive aspects of patrolling with bikes within the city. He stated by using bicycles on patrol the police officers are able to talk to kids about bike safety. Dave also commented on the ability to fight crime in the city. III. NEXT MEETING • The next meeting will be held on Monday, August 8, 1994, at 6:30 p.m. in the conference room at the City Center. The meeting adjourned at 8:00 p.m. 9 3 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, July 11, 1994 The meeting opened at 8:05 p.m. The minutes were read and approved. Brad reported on SCBA Committee. The bills and runs were read as follows: BILLS CITY AND RURAL ACCOUNT Hutch Wholesale Hutch Wholesale Hutch Wholesale Hutch Wholesale Hutch Wholesale Hutch Wholesale Hutch Wholesale Clarey's Safety Automatic Garage Hager Jewelry Two Way Radio Two Way Radio Allen Office Hutch Fire & Safety Hutch Fire & Safety Hutch Fire & Safety Hutch Fire & Safety Hutch Fire & Safety Wal Mart K Mart K Mart Hillyard ShopKo ShopKo Festival Foods Glencoe Uniforms r 1 17.97 1.26 3.92 34.76 9.20 7.17 11.46 208.98 181.60 22.65 15.00 30.00 8.99 55.91 4.50 87.08 38.13 45.01 56.05 6.35 26.59 30.19 10.81 28.87 20.38 53.90 Am. Career App Zee Medical M.C.M.T. Bennett Office Bennett Office Brad Emans Steve Schramm Randy Redman Jim Brodd John Reynolds Bruce Precht Ed Homan Jim Popp Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast Coast to Coast 79.50 41.68 21.85 10.00 10.00 15.50 16.25 18.00 23.25 7.25 26.25 22.25 2.00 14.37 7.44 15.33 4.97 18.63 18.09 31.50 2.96 14.90 4.05 1.59 Total $ 1,444.34 9 u 0 HUTCHINSON FIRE DEPARTMENT MINUTES 7/11/94 GENERAL ACCOUNT Duane Hoeschens 211.35 Jeff Shufelt 23.46 Rick DeSmith 20.00 Cashwise 151.83 Brown Floral 9.00 Crow River C.C. 1,523.75 Hager Jewelry 85.00 Carr Flowers 35.00 MN Safety Council 1,000.00 RUNS 6/1 3M Tape 6/1 Geier 6/1 Medical 6/4 Tree Dump 6/4 Piepenberg Park 6/4 Jensen 6/5 Howe 6/7 Hutch Rec 6/8 Medical 6/10 Missing Person 6/11 Bollman 6/14 Ridge View 6/14 Hoff 6/15 Medical 6/15 Hutch Rec 6/17 Fredrickson 6/19 Burns Manor Hutch Liquor 147.65 Dixie USA 64.88 Hager Jewelry 50.25 Country Framing 67.52 F.I.A.M. 10.99 Brad Emans 22.55 Cashwise 48.24 Hometown Fire & Safety 2,660.00 TOTAL $ 6,131.47 6/21 3M Mag 6/22 Medical 6/23 Burns Manor 6/23 Loncorich 6/25 Country Kitchen 6/26 McGowan Mfg 6/27 Rescue 6/28 Country Club Manor 6/28 Residential 6/30 Larson 6/6 Inventory 6/8 Fire Prevention 6/10 Tartan Park 6/13 Drill 6/19 Water Carnival 6/20 Summer Games Drill 6/27 Extra Drill Pump Test A motion was made and seconded to approve bills and runs as read. A motion was made and seconded to accept the verbal resignation of Scott Powell effective 6/6/94. A motion was made and seconded to accept the resignation of Craig Powell effective 6/6/94. A motion was made and seconded to accept with reservations the resignation of John Reynolds effective 6/17/94. Troy Bahr and Tom Malchow were put on reserves effective 6/13/94. Joe Grimstad and Russ Duenow were placed on full time active status with one year probationary status effective 6/13/94. 2 HUTCHINSON FIRE DEPARTMENT MINUTES 7/11/94 • Nominations opened for Rescue Captain and Rescue Lt. Nominees were: Duane Hoeschens Jeff Neis The department voted Duane Hoeschens for Rescue Captain. Rescue Lt. nominees were: Jeff Nies and Casey Stotts The department voted Jeff Nies for Rescue Lt. City Lt. nominees were: Brian Koelln and Casey Stotts The department voted Brian Koelln City Lt. A motion was made and seconded to destroy the election ballots. Tom P. reported the bolt cutter is missing. Please return it if you have it. Randy R. reported on a 7/23/94 Regional meeting. Meeting adjourned 8:50 P.M. Respectfully submitted by, 0 Bob Schantzen Secretary • 3 0 HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, July 18, 1994 The meeting opened at 8:15 p.m. The department would like to reaffirm policy stating no vehicles should be fixed or worked on unless person or persons sign for it or officer approval. Brad reported run sheets must be fully completed for completing all necessary reports. Meeting adjourned 9:15 P.M. Respectfully submitted by, • Bob Schantzen Secretary 0