Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
cp11-09-2010 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 9, 2010
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Riverside Assembly of God Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF OCTOBER 26, 2010
Action — Motion to approve as presented
6. CONSENT AGENDA (Purpose: onlyfor items reguiringCouncilapproval by external entities that would otherwise
ave een e egate tot e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
RESOLUTION NO. 13802 — A RESOLUTION AUTHORIZING DEFERRED ASSESSMENT
RESOLUTION NO. 13803 — A RESOLUTION AUTHORIZING DEFERRED ASSESSMENT
(b) CONSIDERATION FOR APPROVAL OF ISSUING COMMERCIAL HAULING LICENSE TO
RENVILLE SIBLEY SANITATION
(c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
HUTCHINSON WRESTLING CLUB ON FEBRUARY 27. 2011
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
HUTCHINSON EAGLES 4441 FOR APRIL 16, 2011
(e) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO HUTCHINSON
EAGLES AERIE 4441 FOR NOVEMBER 18, 2010
(f) CONSIDERATION FOR APPROVAL OF SALE OF CITY -OWNED VEHICLES /EQUIPMENT
(g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(h) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST.
ANASTASIA CATHOLIC CHURCH ON DECEMBER 16, 2010
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M. - NONE
8. COMMUNICATIONS RE VESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise pa icy. A ways oo ing toward the juture, not monitoring past)
(a) UPDATE ON SOUTHWEST INITIATIVE FOUNDATION ACTIVITIES— GARRETT BACKES
Action —
CITY COUNCIL AGENDA — NOVEMBER 9, 2010
(b) DISCUSSION OF SNOW EMERGENCY ORDINANCE INFORMATION AND IMPLEMENTATION
Action -
9. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF "REVISED" JOB EVALUATION /COMPENSATION STUDY
PROJECT
Action — Motion to reject — Motion to approve
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY CONSERVATION PERFORMANCE
CONTRACTING "ENERGY SERVICES AGREEMENT" WITH AMERESCO
Action— Motion to reject— Motion to approve
(b) CONSIDERATION FOR APPROVAL OF LAND SALE TO WARRIOR MANUFACTURING AND
LAND PURCHASE FROM WARRIOR MANUFACTURING AS REQUESTED BY HUTCHINSON
ECONOMIC DEVELOPMENT AUTHORITY
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13804 - A RESOLUTION CREATING A
MOSQUITO SPRAYING RESERVE ACCOUNT
Action — Motion to reject — Motion to approve
(d) CONSIDERATION FOR APPROVAL OF AMENDING HUTCHINSON CITY POLICY 3.23 —
CONFERENCES AND SEMINARS (OUT OF STATE)
Action — Motion to reject — Motion to approve
(e) CANVASSING OF 2010 MUNICIPAL ELECTION RESULTS
Action -
11, GOVERNANCE (Purpose. to assesspast organ izationalperformance, developpolicythatguides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM OCTOBER 5, 2010, AND
NOVEMBER 2, 2010
(b) WEED NOTICE MONTHLY REPORT FOR OCTOBER 2010
(c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
SEPTEMBER 21, 2010
12. MISCELLANEOUS
13. ADJOURN
2
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 26, 2010
1. CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, and Chad
Czmowski. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, and Marc
Sebora, City Attorney.
2. INVOCATION — Pastor Todd Harris, Oak Heights Covenant Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF OCTOBER 12, 2010
Motion by Yost, second by Czmowski, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13800 — RESOLUTION CERTIFYING SPECIAL ASSESSMENTS
2. RESOLUTION NO. 13801 -RESOLUTION SETTING INTEREST RATE FOR 2010 ADOPTED
ASSESSMENT ROLLS
(b) REAPPOINTMENT OF JOEL SCHWARZE TO AIRPORT COMMISSION TO SEPTEMBER 2015
(c) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO MARY MAY TO
OPERATE MASSAGE FACILITY LOCATED AT 35 NORTH MAIN STREET
(d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Motion by Czmowski, second by Cook, to approve consent agenda. Motion carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY
LIQUOR LICENSE TO JOSEPH W. FREDERICK, SR. OF TWO JOES HUTCHINSON, INC. DBA
BUFFALO WILD WINGS
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that staff has reviewed the full
application in detail and has no concerns with issuing a liquor license to Mr. Frederick, Sr.
Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to approve issuing on -sale intoxicating and Sunday liquor license to
Joseph W. Frederick, Sr., of Two Joes Hutchinson, Inc. dba Buffalo Wild Wings. Motion carried
unanimously.
Joseph Frederick presented before the Council and provided them an update on the progress of the
restaurant. Proposed opening date is January 17, 2011.
8. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information
5(0-)
CITY COUNCIL MINUTES — OCTOBER 26, 2010
necessary to craft wise policy. Always looking toward the future, not monitoring past)
9. UNFINISHED BUSINESS
(a) ORDINANCE NO. 10- 0661 —AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING;
SECTION 154.004, DEFINITIONS, SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS;
SECTION 154.138, PROHIBITED SIGNS WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (SECOND READING AND ADOPTION)
Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that at the last
meeting it was suggested to clarify the language in the ordinance pertaining to public information signs in
residential districts. Time and temperature /public information signs will be allowed in R -1 — R -5 districts
with the stipulation that the signs are not flashing, the background is black and characters are single lines.
The Planning Commission was in favor of the general concept of the proposed language in the ordinance.
Motion by Haugen, second by Yost, to approve Ordinance No. 10 -0661. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF SETTING 2011 GOAL - SETTING WORKSHOP WITH CITY
ADMINISTRATOR AND CITY COUNCIL
Mayor Cook noted that he had spoken with Jeremy Carter, City Administrator - elect, who suggested having a
preliminary workshop before year's end and then having a workshop the end of January after he has taken
office. Mayor Cook suggested Just holding a formal workshop near the end of January 2011.
Motion by Czmowski, second by Yost, to set January 25, 2011, at 4:00 p.m. as goal- setting workshop /review
with City Administrator Jeremy Carter. Motion carved unanimously.
10. NEW BUSINESS
(a) DISCUSSION OF THE CREATION OF A MOSQUITO SPRAYING RESERVE ACCOUNT
Mayor Cook suggested creating a reserve account to compensate for extra wet summers where additional
sprays may be necessary. Staff would then notify the Council on a week to week basis if those funds would
be utilized from the reserve account for mosquito spraying.
John Olson, Public Works Manager, presented before the Council. Mr. Olson spoke of details of the current
contract and various costs for each spray. An amount of $15,000 was suggested to be placed in the account.
General discussion was held regarding appropriate spraying measures. A Resolution will be drafted for
consideration at the next Council meeting.
(b) DISCUSSION OF WATER/SEWER DEBT AND ALTERNATIVE FUNDING
Mayor Cook asked staff to put together information in relation to alternative funding if the local sales tax is
not approved in order to pay off the waster /sewer debt.
Jeremy Carter, Finance Director, presented before the Council. Mr. Carter presented figures showing
different alternatives the City may need to consider if the local sales tax option is not approved in order to
cover the water /sewer debt.
All of the illustrations are to generate $1 million to aid in pa ing off the water /sewer debt. These fi &ures
include a flat meter rate fee on both the water and sewer side for all users, which would create an additional
monthly fee of $17.16. Another illustration showed an equivalent meter (standard by AWWA) rate fee of
$7.47 on both water and sewer which would generate a monthly fee of $14.94 for all users. Other
illustrations showed monthly increases to residential users only, which showed monthly increases of $19.08
and $18.61 respectively on flat meter rates and equivalent meter rates. These rates show that if they need to
be imposed, the yearly payment would be higher than the proposed approximate $80 /year that will be
generated through a local sales tax option.
(c) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING
CITY COUNCIL MINUTES — OCTOBER 26, 2010
Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that the Truth in Taxation
hearing must be held after 6:00 p.m., but can be held during a Council meeting, although historically the City
has held the hearing separate from a Council meeting. Mayor Cook suggested holding a town hall budget
meeting separate and then holding the truth in taxation hearing at a Council meeting.
Motion by Arndt, second by Yost, to set Town Hall Budget meeting for November 18, 2010, at 6:00 p.m. at
the City Center with the Truth in Taxation hearing being held during the first Council meeting in December
at 6:00 p.m. as a public hearing. Motion carried unanimously.
(d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR DECEMBER 14,
2010, TO DISCUSS COMPREHENSIVE PLAN
Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that staff would like
to hold a workshop with the Council to review the comprehensive plan. The Planning Commission has
reviewed the comprehensive plan work program. The entire process will take 12 -18 months and is slated to
begin early in 2011.
Motion by Yost, second by Czmowski, to set Council workshop for December 14, 2010, at 4:00 p.m. to
discuss comprehensive plan. Motion carried unanimously.
11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and
Council an manage the logistics of the Council. May include monitoring reports, pal icy development and governance
process items.)
(a) CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2010
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2010
(c) PLANNING COMMISSION MINUTES FROM SEPTEMBER 21, 2010
(d) JOINT PLANNING BOARD MINUTES FROM SEPTEMBER 15, 2010
Council Member Yost asked about the revenues indicated on the financial report. They seem a bit low
compared to expenses. Jeremy Carter explained that the tax settlement, LGA and transfers have yet to be
received.
12. MISCELLANEOUS
Bill Arndt — Council Member Arndt noted that he has received many positive comments on the leaf
vacuum service. Gary Plotz, City Administrator, noted that 40 tons of leaves were picked up last week.
Eric Yost — Council Member Yost encouraged everyone to vote at next week's election.
Gary Plotz — Mr. Plotz noted that he and staff members have been working on a wellness program
utilizing a model from the City of Winona. Mr. Plotz noted that the City of Winona has not fully
completed their model, therefore staff will be utilizing a model created in the private insurance sector. A
program will be brought before the Council at the November 23, 2010, City Council meeting. Also,
measurement objectives are being worked on with representatives from the private sector.
Mayor Cook — Mayor Cook noted that the tractors being used for the leaf vacuum program are rented and
not owned by the City. Gary Plotz noted the price difference between the purchase of a street sweeper
(over $200,000) and the rental of the tractors for the leaf vacuum ($35,000).
13. ADJOURN
Motion by Arndt, second by Yost, to adjourn at 6:25 p.m. Motion carried unanimously.
RESOLUTION NO. 13802
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That, the following property be certified as deferred for hardship for senior citizen or disabled
person as outlined by state statute, city ordinance, and city resolution 13741.
Property description
Lot 5, B1k.60 South Half
City of Hutchinson
Owner
Waltraud Heldt
542 Adams St SE
Hutchinson MN 55350
That, the following assessment roll shall be deferred under the above guidelines:
City and County Roll #5093 Amount $ 5,890.00
2010 Project and assessment Interest rate of 4 %.
This special assessment was adopted by the city council this 12'" day of October 2010.
Resolution 13802 submitted to the council on this 9t° day of November 2010.
Steven W. Cook
Mayor
Attest:
Gary D. Plotz
City Administrator
( G-) 1
RESOLUTION NO. 13803
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
That, the following property be certified as deferred for hardship for senior citizen or disabled
person as outlined by state statute, city ordinance, and city resolution 13741.
Property description
Lot 7, B1k.36 South Half
City of Hutchinson
Owner
Fredrick & Shantha Macden
335 Adams St SE
Hutchinson MN 55350
That, the following assessment roll shall be deferred under the above guidelines:
City and County Roll #5093 Amount $ 5,890.00
2010 Project and assessment Interest rate of 4%.
This special assessment was adopted by the city council this 12`s day of October 2010.
Resolution 13803 submitted to the council on this 9h day of November 2010.
Steven W. Cook
Mayor
Attest:
Gary D. Plotz
City Administrator
Co (co 4,
)Ae�
111 Hassan Street Southeast
Hutchinson, MN 55350
(320)587- 5151/Fw (320) 234 -4240
City of Hutchinson
Application for Licensing
(Under Ordinance No. 117.15)
ree'd & fd .
tj 7,5 00
,o[gIIo
Type of Application (pursuant to section 6 23, subsection 2
-11 Commercial Hauling
Fee $125/Year
❑ Residential Hauling
Fee $125/Year
❑ Recycling
Fee $55/Year
Total Due:
$ y
Refuse Equipment Owned or Leased include recycling equipment)
Company Information
Ke-Z f 29 t 'P"o
f
9
2009
Description Make /Mode!
Year
Company Name
Phone Number
&, X 2Y /
�,6Go
�T�-f
Address
City
Slate Zip
ly—
p ooa
Description Make /Model
Company Officers list all):
Capacity
!L necessarY list additional equipment on separate sheet.
Name
Title
nn
V <P
Name
Title
Name
Title
*ff necessa , list additional officers on
separate sheet.
Number of Years Applicant Has Been:
In Commercial Hauling 6'� Years
In Residential Hauling Years
Recycling Years
Refuse Equipment Owned or Leased include recycling equipment)
Ke-Z f 29 t 'P"o
f
9
2009
Description Make /Mode!
Year
Capacity
i
91
20 13
DescriptionMake /Model
Year
Capacity
1L %LL0' � :,;d /rL q '
ly—
p ooa
Description Make /Model
Year
Capacity
!L necessarY list additional equipment on separate sheet.
(11)
City of Hutchinson
Application for Licensing
Page 2 of 3
List Additional Equipment Needed to Purchase or Lease to Meet Licensing Requirement for
Adequate Transit Vehicles (section 623. subsection 4.E)
Insurance Coverage Information attach copy of insurance that meets or exceeds limits established in the ordinance
Insurance Company Agent's Name
1`2 C i X -
A dress City State Zip
Monthly Submission of Information to City Administrator section 623, subsection 9
Are you aware of your responsibility to submit names and addresses of your business and
commercial account no later than a IOth of each month to the City Administrator?
YES ❑ NO
Are you willing to maintain a local telephone number and a daily 24 -hour answering service
to handle service questions? /
U( YES ❑ NO
I hereby certify that I have completely filled out the entire above application, together with the
attached and executed Release of Information Form, and that the application is true, correct, and
accurate.
of Applicant
Internal Use Only
Fire ❑ approved ❑ denied Notes:
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
w— y -id
Date
(e(-6)
f4• 11 -+10
i
I I 1 Hassan Street Southeast
Hutchinson, MN 55350
(320)587 - 5151/17= (320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application Type
!& Short TermDate(s) 'A _ ADvyr ©Z•l? -() Fee: $30.00
Month/Da ar- Month/Da /Year
Organization Information
AzAe
Phone Number
f
%ZOV Ra" lZd is u3 -� �
3
Address where regular meeting are held City
State Zip
Day and time of meetings. �,r 7.er r j ,,.
Is this organization organized under the la of the State of Mi esota? Dyes
❑ no
How long has the organization been in existte ce? ; How may members iii the nization?
What is the purpose of the organization ?`
Sorg /-
In whose cystody will organization records be kept?
-1 &4;r55l u bZ %.Q ;
C3i') 581- 8s73
Name
Phone Number
lyff
Address City
State Z!
t rue name Phone Number
7os l'l�l s�. Y
Residence Address City State Zip
Date of Birth: 1Z / ,2 1 / b7 Place of Birth: � �-
Monthldayfyear City State
Have you ever been convicted of any crime other than a traffic ffense? yes ❑ no
If yes, explain: --i-4 .!— ) (j 9 CJ JA,
�
(C-)
City ofifulchinson
Application for Bingo Gambling Devices License
Page 2 of 3
Designated Gambling Mana er It ed underYnnesota Statute 329
True Name
Phone Number
Residence Address City
State Zip
Date of Birth: / Place of Birth:
Month/day /year
City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes
❑ no
If yes, explain:
How long have you been a member of the organization?
Game Information
Location #1
Name of location where game will be playe
Phone Number
iz6 � -
Address of location where game will be played City
S zip
`_ ,,
Date(s) and/or day(s) gambling devices will be used: _D ft� Dt- t 'tt4lfdgh
�Z -27- `/
AM
Hours of the day gambling devices will be used: From b'a
AM
To
Maximum number of player:
Will prizes be paid in money or merchandise? pGoney /Ndmerchandise
Will refreshments be served during the time the gambling devices will be used?
❑ yes no
If yes, Willa charge be made for such refreshments? ❑ es ❑ no
Game Information
T......�...- u�
Name of location where game will be played Phone Number
Address of location where game will be played City State
Date(s) and/or day(s) gambling devices will be used: through _
Hours of the day ht
y gambling devices will be used: From PM To
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used?
will a
❑ no
❑ yes ❑ no
Zip
time ` Title
7BS
Residence Address City State / Zip
time t= Title
40'v Name
Ciry State t,
c0 (.0
City ofHutchimon
Application for Bingo Gambling Devices License
Page 3 of
N me Title
/V&
Residence Address City .Cmto " zi>.
I Officers or Other Persons Paid for Services Information (if list additional names on separate sheet)
Residence Address
City
State
Zip
Name
Title
Residence Address
City
State
zip
Residence
State
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager ❑ yes ❑ no Authorized Officer dyes ❑ no
/ Initral ( Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
Internal Use Only
City Council l] approved U denied Notes:
Date
Date
(ac,-
f\
111 Hassan Street Southeast
Hutchinson, MN 55350
(320) 587 -5151 /Fax: (320) 2344240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application T
Short Term Date(s)
Fee: $30.00
nth/D ear —M
thVD ear
a 1wormation-
N4ne
PhoneNumbe
Address ere regular held
—41111.
meeting are
Zip
Day and time of meetings? j ] Aawsof
ccc ...
8
Is this organization organized under th
State of Minnesota? yes ❑ no
How long has the organization been ' ce?
How may members ' the organi lion?
What is the purpose of the organization?
In whose custody will organization records be kept?
`7 57th
Vame
��Aad,
yPhoneNumber
ress
i State
Name
Date of Birth:
Place
Have you ever been convicted of any crime other than a traffic offense? ❑ yes
If yes, explain:
'SS SJM
S' rate zip
. M V"-�
V State
5 no
City of Hutchimon
Application far Bingo Gambling Devices License
Page 2 of 3
True Name - Phone Number
Residence Address
City State Zip
Date of Birth: / / Place of Birth:
Monthldayy ear
City State
Have you ever been convicted of any crime other than a traffic offense? ❑yes ❑ no
If yes, explain:
How long have you been a member of the organization?
frame mnrormation
Of
naaress of location where gtfine will be playe
Date(s) and/or day(s) gambling devices will be used:
Hours of the day gambling devices will be used:
Maximum number of player:
5e pla7 d Phone Number
d
City State Zip
through
From To
Will prizes be paid in money or merchandise9 oney merchandise
Will refreshments be served during the time the g tiling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ es ❑ no
Game Information
Name of location where game will be played Phone Number
Address of location where game will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: through
AM
Hours of the day gambling devices will be used: From pM ToM
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ ves ❑ no
Title A ' ' —'
Alt S))
RdsidenceAddress 511�v State Zip
Title l \ I
City State J Zip 1
l
City afHutchinson
Gambling Devices License
Name
V qm'. 7-
Title
Residence Address City State Zip
Name
Title
Residence Address City State Zip
Title
State
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager ❑ yes ❑ no Authorized Officer yes ❑ no
Initial \ Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
11 relating to gambling and I will familiarize myself with the contents thereof.
�Jign[lture a(I aua4o/t'ed officer of organization Date
Signature ofgambling manager of organization
Date
City Council ❑ approved ❑ denied Notes:
& (d)
CITY OF HUTCHINSON
CATERER'S PERMIT APPLICATION
PERMIT FEE $100
To obtain a Caterer's Permit, applicant must currently hold a valid retail on -sale intoxicating liquor license at a
restaurant. All liquor laws and rules apply to both the on -sale license as well as this caterer's permit. Liquor
liability and workers compensation insurance are mandatory and a certificate showing off premises coverage
must accompany this application for a caterer's permit. Cancellation or suspension of the on -sale license
invalidates the caterer's permit also. Only the licensee holding the caterer's permit shall provide food and
liquor at catered events.
Applicant Name (Individual, Partnership, Corporation (J
Trade Name or DBA
corporate name) DOB Social Security #
1/. . , r
Date of Event
I certify that the above information provided by the applicant is true, complete, correct and made in good
faith and agree to comply with the above paragraph's requirements and all other applicable law in the
use of the caterer's permit.
_ZN MM/ //, �/- 12 7��h ,45�xr/,/
Signature — Authorized Applicant Date Print Full Name of Person Signing
Please attach the following documents to this form:
1) A copy of the applicant's caterer's permit issued by the State of Minnesota
2) A copy of the applicant's valid on -sale intoxicating liquor license
3) A copy of the applicant's valid restaurant license issued by the Health Department
4) A certificate of liquor liability insurance that states `Off premises coverage included" (No applications, binders or declarations).
5) $100 check or money order payable to the City of Hutchinson
co (-e-)
�rn
19022 (8 -98) Mate Yf ffinimilat I
NO. Urpartmrnt of Public #afrtg
Alcohol & (6ambling iinforcrmrnt Diuoinn
CATERER'S PERMIT
FOE Aerie 4441
FOE Aerie 4441
1000 Hwy 7 W \
Hutchinson, MN 50350
HAS BEEN ISSUED THIS LICENSE /PERMIT BY THE STATE OF MINNESOTA
PURSUANT TO MINNESOTA STATUTES CHAPTER 340A AND RELATED REGULATIONS
7/21/'2011
,(p EXPIRES ^-
y'MEJT OF PLg(i S
Jit' a
v to C
uPe m
Yr� <
Alcohol & Gambling Enforcement Director
lUG4�i9��e` 4lFOF MINNESO
' N THIS LICENSE/PERMIT MUST BE CONSPICUOUSLY DISPLAYED
City of Hutchinson
Fraternal Order of Eagles Hutchinson Aerie 4441
1000 Hwy 7 W
Hutchinson NIN 55350
DBA: Fraternal Order of Eagles Hutchinson Aerie 4441
License Type:
On -Sale Intoxicating
2
LICENSE:
Issued Data:
Expiration Date:
0000184
04/01/2010
03/31/2011
Pursuant to City Ordinances and
regulations and conditioned upon payment
of the required fee, License Is hereby
granted for the term and purpose stated.
/ 1L �. POST AT LOCATION LICENSED
Mayor NOT TRANSFERABLE
-- City 'd Lnistrator NOT VALID UNLESS COUNTERSIGNED
CONSPICUOUSLY . . . NV I I RANSFERAE
625 Robert Street North, P.O. Box 64975 AS TO PERSON
Environmental Health Division OR PLACE
St Paul, Minnesota 55164-0975
(651) 201 -4505
LICENSE NO. FBL -6542 -26274 FOR THE OPERATION OF:
License Categories: Alcohol Bar Service, Base Fee, Hospitality Fee, Medium
Establishment Fee Paid: $722.50
150
LICENSE PERIOD: January 1, 2010 THRU December 31, 2010
ISSUED TO: ESTABLISHMENT NAME:
F.O.E. Aerie 4441 of Hutchinson F.O.E. Aerie 4441 of Hutchinson
1000 Highway 7 West 1000 Hwy 7 West
Hutchinson, Minnesota 55350 Hufchinson, Minnesota 55350
County. McLeod
License Types: RestauranNPlace of Refreshment
('?(e)
serve Fax NOV ax a ion o . 2
NOV-04-2010 THU 01:23 PU Insurance Manners
FAX No. 320 581 0808
P. 002
J ?W CERTIFICATE OF LIABILITY INSURANCE DP ID Tw DAYS(MMIOD/ )
✓ PRAT & -1 11/04110
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance Planners
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
201 Main Street South
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 68
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hutchinson MN 55350
GENERAL LIABILITY
Phone:320 -587 -2299 Fax:320 -587 -0808
INSURERS AFFORDING COVERAGE
NAIC0
INSURED
INSURER A'. CAPITOL SPECIALTY INS CO
INSURER B
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE QOCCUR
FRATERNAL ORDER OF EAGLES
INSURER C:
HUTCHINSON AERIE 4441
1000 NY 7 NEST
HUTCHINSON MN 55350
INSURER O:
3
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITH IYANDING
ANY REQUIREMENT, TERM OR CONDITION OR ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIM DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLVSIONS AND CONDITIONS OF SUCH
POLICIES, AGOREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
No'lic,
TYPEOFINSURANCE
POLICYNUMBER
DATE MMIDO
D T MMID
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
E
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE QOCCUR
PREMISES Ea 41mrwail
3
MED FXP (AAy on. paraen
3
PERSONAL B ADV INJURY
f
GENERAL AGGREGATE
3
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COAWOP AGO
S
POLICY PRO-
JECT LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED DI SINGLE LIMIT
S
DODAYINJURY
(PS. PaNan)
S
ALL OWNED AUTOS
SCHFDULEDAUTOS
HIRWAUTOS
NON-OWNED AUTOS
BODILY
(PSI SaIdem)
S
PROPERTY DAMAGE
IPF.acddem)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
f
ANYAUTO
EA ACC
f
i
AUTO O NLY: LY:
AUTO O AGG
FXCESSI UMBRELLA LUIPLITY
OCCUR F—I CLAIMS MADE
EACH OCCVRKNOB
f
A00REOATE
f
f
3
DEDUCTIBLE
RETENTION 3
f
AND EMPLOYERS' LIABILITY yTN
ANV PgOPRIETOWPARTNERIEXECUiIVn
OFFICERMEEMMBBER EXCLUDED
TORY LIIHITE I I ER
EL EACH ACCIDENT
S
(ManIsIm InN)
Nysf IIHMI WIN,
SPECIAL PROVISIONS boll.
E.L. DISEASE EA EMPLOY
f
EA. DIBEABE - POLICY LIMIT
f
OTHER
A
LIQUOR LIAB
CS01297993
03/15/10
03/31/11
Ea Occur 500,000
Aggregate 500 000
DESCRIPTION Of OPERATIONS I LOCATIONS /VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Location Address: 1000 Hwy 7 Nest, Hutchinson, MN 55350.
Policy covers all catered events at any location.
CITY OF HUTCHINSON
111 HASSAN ST BE
HUTCHINSON bN 55350
SHOULD ANY OF THE ABOVE OESCRNED POLICIES BE CANCELLED SEPO NI THE SXPMATON
DATETMEREOF, TN EISSUIMGIN SUREMMLLENDEAVORTOMAIL %,Q_ DAYBWR TEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAR.URE TO 00 ED SHALL
IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES-
AUTHORIZED REPRE ENTATIVE
Jeff B Borkenha
n.�w.AV........... Iv By o, III r.uawmw ww Ri VT muvnu .... .....
M E M O R A N D U M
TO: Jeremy Carter, Finance Director
FROM: Dolf Moon, Parks Director D
Randy Carter, Parks Maintenance Specialist
Re: Parks New Vehicle purchases /trade -ins
DATE: Friday, October 29`s, 2010
After a year of analyzing yearly vehicle usage in the parks department and taking into account
the downsizing of personnel and the vehicle replacement fund reduction over the past decade, we
are looking at ways to maximize the fleet usage to reflect those changes. Staff is proposing a
trade in of four (4) older, less functional vehicles and replacing them with two (2) vehicles that
suit the department needs better. Also, we would like to trade in our 17' skid steer trailer and
replace it with a larger trailer that can accommodate the skid steer plus other attachments and
equipment that need to be used at job sites.
Trade -in
• 1997 Ford F -250 Plow truck
• 2000 Chevy S -10
• 2000 Chevy S -10
• 1992 Chevy C 1500
• Tow Master Tilt bed trailer
Purchase
• New or Used Ford F250 per government pricing
• New or Used Ford F150 per government pricing
• 22 foot Tow Master Deck Over trailer
Reasons
• 1997 Ford plow truck is unsafe (cracked frame, rusted off chassis components)
• Downsizing of the fleet because the vehicle replacement fund has been reduced over
the past several years and several of these vehicles sit 70% of the year causing extra
maintenance due to not being used.(frozen brake calipers, cracked tires, dried up seals
that leak)
• Less use of fuel- more room for tool storage, minimizing road time
• Less money will be used out of the repair & maintenance account freeing up dollars
that can be used to maximize equipment utilization. (Soil conditioner, turf equipment
attachments... etc.)
• The trailer will be used for transporting more equipment at once which will result in
less fuel consumption, more time on the job site and safer loading conditions.
irC-i)
CITY OF HUTCHINSON
RSSCKREG
LOG22001VO
Council Check Register
11/9/2010
Check #
Ck Date
Amount
Vendor/ Explanation
Account Description
162643
11/9/2010
534.52
ACE HARDWARE
TRAVEL SCHOOL CONFERENCE
162644
11/9/2010
2,376.91
ADAMS, STEVEN
CONNECTION CHARGES
162645
11/9/2010
956.95
ALEXAIR APPARATUS INC
CONTRACT REPAIR & MAINTENANCE
162646
11/9/2010
53 -44
ALPHA WIRELESS
COMMUNICATIONS
162647
11/9/2010
536.13
AMERICAN LEGION POST #96
TRAVEL SCHOOL CONFERENCE
162648
11/9/2010
264.53
AMERICAN MESSAGING
COMMUNICATIONS
162649
11/9/2010
310.00
AMERICAN WATERWORKS ASSN
DUES & SUBSCRIPTIONS
162650
11/9/2010
60.36
AMERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
162651
11/9/2010
15,518.25
ANDERSON CHEMICAL COMPANY
CHEMICALS & PRODUCTS
162652
11/9/2010
87.09
ARAMARK UNIFORM SERVICE
SHOP MATERIALS
162653
11/9/2010
124.73
ARCTIC GLACIER PREMIUM ICE INC
COST OF MIX & SOFT DRINKS
162654
11/9/2010
24.16
ARROW TERMINAL LLC
EQUIPMENT PARTS
162655
11/9/2010
30.00
ASHBAUGH, JULIE
OTHER REVENUES
162656
11/9/2010
1,400.00
ASSESSCO ENVIRONMENTAL SERVICE
PROFESSIONAL SERVICES
162657
11/9/2010
70.96
AUTO VALUE - GLENCOE
EQUIPMENT PARTS
162658
11/9/2010
1,546.50
B. W. WELDING
RECEIVED NOT VOUCHERED
162659
11/9/2010
1,509.93
DECKER ARENA PRODUCTS
REPAIR & MAINTENANCE SUPPLIES
162660
11/9/2010
648.31
BELLBOY CORP
COST OF MIX & SOFT DRINKS
162661
11/9/2010
365.32
BENNETT MATERIAL HANDLING
RECEIVED NOT VOUCHERED
162662
11/9/2010
119.80
BERNICK'S FOOD SERVICE
COST OF MIX & SOFT DRINKS
162663
11/9/2010
1,064.50
BLACK HILLS AMMUNITION
OPERATING SUPPLIES
162664
11/9/2010
4,800.00
BRYAN STREICH TRUCKING
FREIGHT - IN
162665
11/9/2010
59.52
BUFFALO CREEK ENTERPRISES
COST OF MIX & SOFT DRINKS
162666
11/9/2010
1,702.00
BUSINESSWARE SOLUTIONS
OFFICE SUPPLIES
162667
11/9/2010
61.72
C& J TECHNOLOGY INC
EQUIPMENT PARTS
162668
11/9/2010
15,202.50
C & L DISTRIBUTING
COST Of SALES -BEER
162669
11/9/2010
259.60
CALIFORNIA CONTRACTORS SUPPLIE
REPAIR & MAINTENANCE SUPPLIES
162670
11/9/2010
99.99
CARTER, RANDY
UNIFORMS & PERSONAL EQUIP
162671
11/9/2010
479.62
CENTRAL HYDRAULICS
EQUIPMENT PARTS
162672
11/9/2010
50.00
CENTRAL LANDSCAPE SUPPLY
CASH DISCOUNTS
162673
11/9/2010
586.37
CHAPPELL CENTRAL INC.
OTHER CONTRACTUAL
162674
11/9/2010
75.00
CHIPPEWA COUNTY COURT
OTHER CONTRACTUAL
162675
11/9/2010
82.72
COFFEE COMPANY
OPERATING SUPPLIES
162676
11/9/2010
1,077.83
COLLINS BROTHERS
COST OF SALES- LIQUOR
162677
11/9/2010
502.25
COMDATA CORPORATION
MISCELLANEOUS
162678
11/9/2010
239.43
COREY, NICHOLLE
TRAVEL SCHOOL CONFERENCE
162679
11/9/2010
348.50
CORNER POST EROSION CONTROL
CONTRACT REPAIR & MAINTENANCE
162680
11/9/2010
533.33
CRAIG, MIKE
TRAVEL SCHOOL CONFERENCE
162681
11/9/2010
115.31
CROW RIVER AUTO & TRUCK REPAIR
CENTRAL GARAGE REPAIR
162682
11/9/2010
49.16
CROW RIVER FLORAL & GIFTS
MISCELLANEOUS
162683
11/9/2010
403.63
CROW RIVER SIGNS
CENTRAL GARAGE REPAIR
162684
11/9/20101
2,203.06
CUMMINS NPOWER, LLC
OTHER CONTRACTUAL
162685
11/9/2010
1,815.25
DAY DISTRIBUTING
COST OF SALES -BEER
162686
11/9/2010
187.50
DIGITAL ALLY, INC
OPERATING SUPPLIES
162687
11/9/2010
1,532.88
DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
162688
11/9/2010
17.55
DROP -N -GO SHIPPING, INC
COMMUNICATIONS
162689
11/9/2010
771.97
DYNA SYSTEMS
STREET MAINT.MATERIALS
162690
11/9/2010
1,488.74
E2 ELECTRICAL SERVICES INC
RECEIVED NOT VOUCHERED
162691
11/912010
11.74
EBERT,PAT
TRAVEL SCHOOL CONFERENCE
162692
11/9/2010
125.04
ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
162693
11/912010
274.77
ELECTRIC MOTOR CO
REPAIR & MAINTENANCE SUPPLIES
162694
11/9/2010
1,115.32
ELECTRO WATCHMAN
CONTRACT REPAIR & MAINTENANCE
162695
11/9/2010
440.83
EMANS, BRAD
TRAVEL SCHOOL CONFERENCE
162696
11/9/2010
69.00
ENR
DUES & SUBSCRIPTIONS
162697
11/9/2010
179.19
EPIC PRODUCTS INC
COST OF MIX & SOFT DRINKS
162698
11/9/2010
200.00
FAEGRE & BENSON LLP
NON - INTOXICATING BEVERAGE LICE
162699
11/9/2010
133.59
FARM -RITE EQUIPMENT
RENTALS
162700
1119/2010
353.71
FARMER BROTHERS COFFEE
OPERATING SUPPLIES
162701
11/9/2010
73.00
FIRE SAFETY USA, INC
SMALL TOOLS
162702
11/9/2010
38.00
FIRST CHOICE FOOD & BEVERAGE S
OFFICE SUPPLIES
162703
11/9/2010
209.40
FOREST EDGE WINERY
COST OF SALES -WINE
162704
11/9/2010
471.54
G & K SERVICES
OPERATING SUPPLIES
162705
11/9/2010
1,543.88
GARTNER REFRIGERATION & MFG, I
CONTRACT REPAIR & MAINTENANCE
162706
11/912010
8,000.00
GAUGER, LARRY
HOUSING REHAB LOANS
162707
11/9/2010
33.27
GOODIN COMPANY
EQUIPMENT PARTS
162708
11/9/2010
540.00
GOVERNMENT TRAINING SERVICES
TRAVEL SCHOOL CONFERENCE
162709
11/9/2010
197.72
GRANIT BRONZ
IMPROV OTHER THAN BLDGS
162710
11/9/2010
9,330.00
GRIDOR CONSTRUCTION
CONTRACT REPAIR & MAINTENANCE
162711
11/9/2010
16.57
HAGER JEWELRY INC.
OPERATING SUPPLIES
162712
11/9/2010
441.00
HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
162713
11/9/2010
113.34
HARPER BROOMS
EQUIPMENT PARTS
162714
11/9/2010
194.00
HART'S AUTO SUPPLY
CENTRAL GARAGE REPAIR
162715
11/9/2010
309.20
HILLYARD /HUTCHINSON
CLEANING SUPPLIES
162716
11/9/2010
337.00
HINTERLAND VINEYARDS
COST OF SALES -WINE
162717
11/9/2010
209.00
HJERPE CONTRACTING
CONTRACT REPAIR & MAINTENANCE
162718
11/9/2010
300.00
HRA
HRA TRANSFER
162719
11/9/2010
10.69
HUTCH AUTO & TRUCK PARTS
CENTRAL GARAGE REPAIR
162720
11/9/2010
2,144.00
HUTCHINSON AREA HEALTH CARE
COMMON AREA MAINTENANCE
162721
11/9/2010
472.12
HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
162722
11/9/2010
275.00
HUTCHINSON PUBLIC SCHOOLS
CONDITIONAL USE PERMITS
162723
11/9/2010
1,140.00
HUTCHINSON UNITED SOCCER ASSN.
RECREATION ACTIVITY FEES
162724
11/9/2010
84,258.74
HUTCHINSON UTILITIES
UTILITIES
162725
11/9/2010
292.02
HUTCHINSON WHOLESALE
REPAIR & MAINTENANCE SUPPLIES
162726
11/9/2010
13,500.00
HUTCHINSON YOUTH BASKETBALL AS
RECREATION ACTIVITY FEES
162727
11/9/2010
1,540.00
HUTCHINSON YOUTH VOLLEYBALL AS
RECREATION ACTIVITY FEES
162728
11/9/2010
3,000.00
HUTCHINSON, CITY OF
MISCELLANEOUS
162729
11/9/2010
2,205.00
INFRATECH
OTHER CONTRACTUAL
162730
11/9/2010
474.12
INTERSTATE ALL BATTERY CENTER
OPERATING SUPPLIES
162731
11/9/2010
483.64
INTERSTATE BATTERY SYSTEM MINN
REPAIR & MAINTENANCE SUPPLIES
162732
11/9/2010
101.531NTOXIMETERS
INC
OPERATING SUPPLIES
162733
11/9/2010
357.58
JACK'S UNIFORMS & EQUIPMENT
UNIFORMS & PERSONAL EQUIP
162734
11/9/2010
11314
JEFF MEEHAN SALES INC.
ACCURED COMMISSIONS PAYABLE
162735
11/9/2010
315.00
JOANIE'S CATERING
RENTS - BLDGS OTHER
162736
11/9/2010
15,598.52
JOHNSON BROTHERS LIQUOR CO.
COST OF SALES- LIQUOR
162737
11/9/2010
20.00
JOHNSON, JENNIFER
RECREATION ACTIVITY FEES
162738
11/9/2010
200.00
JORDAHL, JIM
OPERATING SUPPLIES
162739
11/9/2010
4,447.70
JUUL CONTRACTING CO
CONTRACT REPAIR & MAINTENANCE
LIZ
162740
1119/2010
475.00
KAHL, DENNIS
OTHER CONTRACTUAL
162741
11/9/2010
916.00
KINNEY &LANGE
PROFESSIONAL SERVICES
162742
11/9/2010
435.00
KRISTICO, INC
FREIGHT
162743
11/9/2010
52.10
L & P SUPPLY CO
EQUIPMENT PARTS
162744
11/9/2010
225.00
LARSON CATERING
RENTS - BLOGS OTHER
162745
11/9/2010
14,312.00
LEAGUE OF MN CITIES -INS TRUST
GENL LIAR.- INSURANCE
162746
11/9/20101
832.31
LIFE INSURANCE COMPANY OF AMER
EMPL.HEALTH & INS. BENEFIT
162747
11/9/2010
70.88
LITIN PAPER COMPANY
RECEIVED NOT VOUCHERED
162748
11/9/2010
424.00
LITTLE CROW ARCHERY CLUB
OPERATING SUPPLIES
162749
11/9/2010
17,883.75
LOCHER BROTHERS INC
COST OF SALES -BEER
162750
11/9/2010
35,674.23
LOGIS
MACHINERY & EQUIPMENT
162751
11/9/2010
150.00
MADINA HOSPITALITY GROUP LLC
MEETINGS
162752
11/9/2010
108.40
MCCARNEY, THOMAS
BUILDING PERMITS
162753
11/9/2010
46.00
MCGRAW, MEGAN
OTHER REVENUES
162754
11/9/2010
800.00
MCLEOD COOP POWER ASSN
CONTRIBUTIONS & DONATIONS
162755
11/9/2010
65.00
MCLEOD COUNTY ABSTRACT &TITL
PROFESSIONAL SERVICES
162756
11/9/2010
5,388.69
MCLEOD COUNTY AUDITOR - TREASURE
IMPROV OTHER THAN BLOGS
162757
11/9/2010
20.10
MCLEOD COUNTY SOLID WASTE MANA
REFUSE - RECYCLING
162758
11/9/2010
45.50
MEHR, BRIAN
TRAVEL SCHOOL CONFERENCE
162759
11/9/2010
342.02
MENARDS HUTCHINSON
OPERATING SUPPLIES
162760
11/9/2010
239.52
MILLNER HERITAGE VINEYARD & WI
COST OF SALES -WINE
162761
11/9/2010
400.00
MINNESOTA DEPT OF AGRICULTURE
DUES & SUBSCRIPTIONS
162762
11/9/2010
20.00
MINNESOTA DEPT OF PUBLIC SAFET
DUES & SUBSCRIPTIONS
162763
11/9/2010
225.00
MINNESOTA FIRE SERVICE CERTIF
TRAVEL SCHOOL CONFERENCE
162764
11/9/2010
56.45
MINNESOTA SHREDDING
CONTRACT REPAIR & MAINTENANCE
162765
11/9/2010
2,847.88
MINNESOTA UNEMPLOYMENT INSURAN
UNEMPLOYMENT INSURANCE
162766
11/9/2010
3,760.80
MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
162767
11/9/2010
200.00
MN FALL MAINTENANCE EXPO
TRAVEL SCHOOL CONFERENCE
162768
11/9/2010
141.99
MOORE, ERIC
LICENSES & TAXES
162769
11/9/2010
125.00
MOYER, CYNTHIA
OPERATING SUPPLIES
162770
11/9/2010
29.95
NAGEL, JOSEPH
OPERATING SUPPLIES
162771
11/9/2010
40.00
NAGY, RICHARD
TRAVEL SCHOOL CONFERENCE
162772
11/9/20101
1,984.621
NASH FINCH COMPANY
lCONTRACT REPAIR & MAINTENANCE
162773
11/9/20101
607.63
NORTHERN BUSINESS PRODUCTS 1OFFICE
SUPPLIES
162774
11/9/2010
100.00
NORTHERN COLLABORATIVE TECHNOL
COMMUNICATIONS
162775
11/9/2010
163.67
NORTHERN SAFETY & INDUSTRIAL
RECEIVED NOT VOUCHERED
162776
11/9/2010
117.56
NORTHERN STATES SUPPLY INC
EQUIPMENT PARTS
162777
11/9/2010
4,060.94
NU- TELECOM
COMMUNICATIONS
162778
11/9/2010
48.18
OFFICE DEPOT
OFFICE SUPPLIES
162779
11/9/2010
152.35
OFFICE OF ENTERPRISE TECHNOLOG
COMMUNICATIONS
162780
11/9/2010
1,588.36
OLD DOMINION BRUSH
EQUIPMENT PARTS
162781
11/9/2010
28.19
OLSON'S LOCKSMITH
REPAIR & MAINTENANCE SUPPLIES
162782
11/9/2010
155.00
OLSON, JULIE
RENTS -BLDGS OTHER
162783
11/9/2010
550.00
OSTLUND SUPPLY
FREIGHT
162784
11/9/2010
200.00
PEARCE,GREG
PROFESSIONAL SERVICES
162785
11/9/2010
160.00
PELLINEN LAND SURVEYING
PROFESSIONAL SERVICES
162786
11/9/2010
2736
PENKE, JACKIE
OPERATING SUPPLIES
162787
11/9/2010
18,183.66
PHILLIPS WINE & SPIRITS
COST OF SALES- LIQUOR
162788
11/9/2010
149.00
PLOTZ, GARY D
TRAVEL SCHOOL CONFERENCE
162789
11/9/2010
85.29
PLUNKETT'S
CONTRACT REPAIR & MAINTENANCE
162790
11/9/2010
665.64
POPP, JIM
MOTOR FUELS & LUBRICANTS
162791
11/9/2010
34.65
POSITIVE ID INC
MISCELLANEOUS
162792
11/9/2010
1,720.00
POSTMASTER
POSTAGE
162793
11/9/2010
410.95
PRO AUTO & TRANSMISSION REPAIR
CENTRAL GARAGE REPAIR
162794
11/9/2010
1,333.80
PRO CARE SERVICES INC
CONTRACT REPAIR & MAINTENANCE
162795
11/9/2010
5, 369.00
PROFESSIONAL WATER TECHN0L0GIE
CHEMICALS & PRODUCTS
162796
11/9/2010
59.31
QUADE ELECTRIC
OPERATING SUPPLIES
162797
11/9/2010
2,000.00
QUALITY CONTROL & INTEGRATION
PROFESSIONAL SERVICES
162798
11/9/2010
7,303.28
QUALITY FLOW SYSTEMS
REPAIR & MAINTENANCE SUPPLIES
162799
11/9/2010
21,658.53
QUALITY WINE & SPIRITS CO.
COST OF SALES -WINE
162800
11/9/2010
144.99
R & R SPECIALTIES INC
EQUIPMENT PARTS
162801
11/9/2010
1,378.69
RDO EQUIPMENT CO.
CENTRAL GARAGE REPAIR
162802
11/9/2010
30,292.43
REINER CONTRACTING
IMPROV OTHER THAN BLDGS
162803
11/9/2010
8,670.00
REINER ENTERPRISES, INC
FREIGHT - IN
162804
11/9/2010
107.32
RENVILLE SIBLEY SANITATION
OTHER LICENSES
162805
11/9/2010
400.58
R0YAL TIRE
RECEIVED NOT VOUCHERED
162806
11/9/2010
269.83
RUNNING'S SUPPLY
OPERATING SUPPLIES
162807
11/9/2010
10,835.00
SCHIMMEL CONSTRUCTION LLC
HOUSING REHAB LOANS
162808
11/9/2010
72.35
SCHMELING OIL CO
MOTOR FUELS & LUBRICANTS
162809
11/9/2010
30.90
SCHNOBRICH, MARK
TRAVEL SCHOOL CONFERENCE
162810
11/9/2010
12,152.28
SCHOOL DIST # 423
OTHER REVENUES
162811
11/9/2010
1,000.00
SCHWARZROCK, AMY
TRAVEL SCHOOL CONFERENCE
162812
11/9/2010
64.20
SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
162813
11/9/2010
1,134.60
SENTRY FIRE PROTECTION INC
SAFETY SUPPLIES
162814
11/9/2010
124.52
SEPPELT, MILES
CAR ALLOWANCE - TRAVEL
162815
11/9/2010
439.45
SHARE CORP
CHEMICALS & PRODUCTS
162816
11/9/2010
125.00
SHAW, KAREN
PROFESSIONAL SERVICES
162817
11/9/2010
41.64
SIMONSON LUMBER CO
REPAIR & MAINTENANCE SUPPLIES
162818
11/9/2010
900.00
SOIL CONTROL LAB
RECEIVED NOT VOUCHERED
162819
11/9/2010
403.60
SPRINT
COMMUNICATIONS
162820
11/9/2010
150.00
SR. ADVISORY BOARD
RENTS -BLDGS OTHER
162821
11/9/2010
655.98
STAPLES ADVANTAGE
OFFICE SUPPLIES
162822
11/9/2010
2,362.31
STONE, SUSAN
COMMUNICATIONS
162823
11/9/2010
414.76
STOTTS, CASEY
TRAVEL SCHOOL CONFERENCE
162824
11/9/2010
25.01
SUBWAY WEST
OPERATING SUPPLIES
162825
11/9/2010
1,800.00
SUNCOAST GARDEN PRODUCTS, INC.
162826
11/9/2010
1,646.00
THE HARTFORD
EMPL.HEALTH & INS. BENEFIT
162827
11/9/2010
626.27
TRICO TCWIND, INC
EQUIPMENT PARTS
162828
11/9/2010
165.68
TRUE FABRICATIONS
COST OF MIX & SOFT DRINKS
162829
11/9/2010
3,848.00
TWIN CITY PALLETS INC.
RECEIVED NOT VOUCHERED
162830
11/9/2010
2,105.53
TWO JOES HUTCHINSON INC.
INTOXICATING BEVERAGE LICENSE
162831
11/9/2010
2,790.99
TWO WAY COMMUNICATIONS INC
CENTRAL GARAGE REPAIR
162832
11/9/2010
1,017.92
UNIFORM & ACCESORIES WAREHOUSE
SMALL TOOLS
162833
11/9/2010
109.00
UNIVERSITY OF MINNESOTA
TRAVEL SCHOOL CONFERENCE
162834
11/9/2010
225.00
UNIVERSITY OF MINNESOTA
TRAVEL SCHOOL CONFERENCE
162835
11/9/2010
1,125.26
USPS - HASLER
POSTAGE
162836
11/9/2010
10,243.90
VIKING BEER
COST OF SALES -BEER
162837
11/9/2010
231.30
VIKING COCA COLA
COST OF MIX & SOFT DRINKS
162838
11/9/2010
290.00
VIKING SIGN & GRAPHICS INC
CENTRAL GARAGE REPAIR
162839
11/9/20101
109.50
VINOCOPIA INC
COST OF SALES- LIQUOR
162840
11/9/2010
95.63
WAL -MART COMMUNITY
OPERATING SUPPLIES
162841
11/9/2010
119.00
WASTE & RECYCLING NEWS
DUES & SUBSCRIPTIONS
162842
11/9/2010
7,377.16
WASTE MANAGEMENT OF WI -MN
REFUSE - LANDFILL CHARGES
162843
11/9/2010
36,574.09
WASTE MANAGEMENT- WINSTED
REFUSE - HAULING
162844
11/9/2010
40.43
WEIS, MARK
OPERATING SUPPLIES
162845
11/9/2010
833.33
WELLS FARGO INSURANCE SERVICES
PROFESSIONAL SERVICES
162846
11/9/2010
3,000.00
WETHERELL, GARY & MARY ANN
REFUNDS & REIMBURSEMENTS
162847
11/9/2010
628.25
WINE MERCHANTS INC
COST OF SALES -WINE
162848
11/9/2010
12,607.07
WIRTZ BEVERAGE MINNESOTA
COST OF SALES -WINE
162849
11/9/2010
2,625.00
WM MUELLER & SONS
CONTRACT REPAIR & MAINTENANCE
162850
11/9/2010
375.00
WM MUELLER &SONS
RECEIVED NOT VOUCHERED
162851
11/9/2010
1,228.50
WM MUELLER & SONS
CONTRACT REPAIR & MAINTENANCE
162852
11/9/2010
5,828.36
WOODUNE SAWMILLS, INC.
RECEIVED NOT VOUCHERED
162853
11/912010
4,362.53
WORK CONNECTION, THE
OTHER CONTRACTUAL
162854
11/9/2010
30.00
WRIGHT,JIA
OTHER REVENUES
162855
11/9/2010
779.38
XEROX CORP
COPY MACHINE
162856
11/9/2010
544.43
ZEP MANUFACTURING CO
EQUIPMENT PARTS
162857
11/9/2010
76.61
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
162858
11/9/2010
500.79
H.A.R.T.
ACCRUED DEFERRED COMP
162859
11/9/2010
496.00
NCPERS LIFE INS.
ACCRUED LIFE INSURANCE
550,478.12
Grand Total
Payment Instrument Totals
Check Total
1 550,478.12
Total Paymen 550,478.12
$54,145.04
$10,405.12
$38,244.03
$4,802.45
$400.00
$1,339.60
$2,026.15
$693.58
$112,055.97
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 11/5/2010
Period Ending Date: 10/30/2010
IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
MN Department of Revenue
State Withholding Tax
Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
TASC
Employee Flex Spending Deductions
MNDCP
Employee Contributions - Deferred Comp
ING
Employee Contributions - Deferred Comp
ICMA Retirement Trust
Employee Contributions - Deferred Comp
MN Child Support System
Employee Deductions
Total Electronic Funds Transfer
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 10/22/2010 Handwritten Check
Period Ending Date: 10/16/2010
$496.10 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$78.10 MN Department of Revenue
State Withholding Tax
$574.20 Total Electronic Funds Transfer
III Hassan Street Southeast
Hutchinson, MN 55350
(320)587-515] /Fax: (320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application T e
Short Term Date(s)
(,2— /(j Fee: $30.00
Month/D /Year — Month/D /Year
Or anization Information
4nJ 4si1} 14 +Tric"-IC
y - 5 sQ- Gas �1
Name
Phone Number
� '--S 6L)
L&0 L�,E '
All S a�C3
Address where regular meeting are held
City State zip
Day and time of meetings? 11171 ���5
/�
f}� /F 11&14 r14 `�' G!'l "elm
Is this organization organized under the laws of the State of Minnesota? 'dyes ❑ no
How long has the organization been in existence?
�
' -t, How may members in the organization? fJCli t
What is the purpose of the organization?
In whose whose custody will organization records be kept?
L o icl
--� 0- 0 -! � � / -- 6 7
Name
Number
&166 L�irc 5� iu
�nPhone
��GI1 I l,�" I l y
Address
State zip
Information
�r /& /-&(-- A/ .3
Residence Address
Phone Number
State zip
Date of Birth: 0 (-17 / 4-1 ,j Place of Birth: ZL4 Z/y
Month/day /year City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes /R no
If yes, explain:
City of Hutchinson
I pplicanon for Bingo Gambling Devices License
Page 2 of 3
Desi Hated Gamblin g Mana er uali ied under Minnesota Statute 329)
o %l u� ?3v- s8'7 -�sd7
True Name Phone Number
Residence Address City State Zip
Date of Birth: / /3 / Place of Birth: St A,, 'jjsV
Month/day /year City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes Jd' no
If yes, explain:
How long have you been a member of the organization? S
Game Information
Locati n #1
Name of location where game will be played Phone Number
�%!�0 G- ,ter_ -. �� s �y /�ircr��;y:��1 _ ,✓ � .mss �'
Address of location where game will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: % 2 —% (p— /G1 thrm%,tr
AM AM
Hours of the day gambling devices will be used: From To G''O (1SM °j
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ,merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes 39`no
If yes, will a charge be made for such refreshments? ❑ yes 9no
Game Information
Location 42
Name of location where game will be played Phone Number
Address of location where game will be played City State -..... Zip
Date(s) and /or day(s) gambling devices will be used: - - _ through
AM AM
Hours of the day gambling devices will be used: From pM To PM
Maximum number of player: -
Wi11 prizes be paid- io-money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
names on
n
G�G'.Q i r'7 •�.
Name
Title
Residence Address
City
State
Zip
Name
Residence Address
Title
City Slate Zip
City of Humhinson
Applicalion for Bingo Gambling Devices License
Page 3 of 3
Name
Residence Address
Officers or Other Persons Paid for Services
Name
Residence Address City
Name
Residence Address
Residence Address
Title
State
names on s
Title
State Zip
Title
City State Zap
Title
State
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)?
i
Gambling Manager ayes El no L� Authorized Officer Ayes ❑ no
Initial Initial
1 declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof,
organization
Signature ofgambling manager of organization
City Council ❑ approved ❑ denied Notes:
Date
Date
�' ( k)
r]
PPP-
SOUTHWEST INMAIWE
FOUNDATION
A Rural Min mmna Community Foundation
SWIF IN HUTCHINSON
FY 10 (7/1/09 — 6130/ 1 O)
NATIONAL
STANDARDS
Confirmed in Compliance with National Standards
for U.S. Community Foundations --Ad
FOUNDATION FACTS
• A regional community foundation serving the 18
counties of southwest Minnesota
- 156 communities and 286,449 people
- 12,340 square miles
• Established in 1986 in partnership with
The McKnight Foundation
• Mission is to be a catalyst,
facilitating opportunities
for economic and
social growth by
developing and challenging
leaders to build on the
region's assets.
swm
Kandiyahi M1leekee
Ix qui pads ChiVD�w+
�n�ifle W
Yetlow M1lediane I� —J "
L—nin iy„n rt<d.bod
pip. L
tlnn! rA—Y Coiwnwea
Rock NOW. Lak,on
I
#WMZN�) BOARD OF DIRECTORS
Executive Committee
Sandy Ludeman V., Chairperson William (Bill) McCormack,
Sanmarbo Farms, Inc. Vice Chairperson
Tracy, MN Retired, The Schwan Food Company
Marshall, MN
Wm
UA4
Gary Geiger, Secretary Rob Saunders, Treasurer Wayne Freese, Past Chairperson
Retired, Heritage Bank Saunders Mertens Schmitz, P.A., Prairie Holdings Group
Willmar, MN Certified Public Accountants Worthington, MN
Bird Island, MN
0RUMUION
BOARD OF DIRECTORS
rA
Marcy Costello Rick Ellingworth Jim Keul
Business Owner Redwood Falls School District Page 1 Printers
Lakefield, MN Redwood Falls, MN Slayton, MN
Connie VanDerBill Medin Janice Nelson H. Cris Remucal, M.D. Robert Thurston
Retired Kandiyohi County Nelson Oyen Torvik, Hutchinson Area Health Care Thurston Genetics
Family Services, farmer, Attorneys At Law and Olivia, MN
volunteer Montevideo, MN Hutchinson Medical Center
Spicer, MN Hutchinson, MN
7
El
sarniunsrm�nnnve
FOUNDATION
SOUTHWEST INITIATIVE FOUNDATION
NET ASSETS
Total = $47.8 million
o General Endowment
$4.3
58.8 $23.9
■ Economic Advancement
■ Community & Designated
Fund Assets (Including
Aging Trust Fund)
■ Other (Programs, Board -
$10.8 - designated for CF Match,
($ in millions) Unrestricted/Operating
Dollars, etc.)
As of 6130110
MISSION IN ACTION: SWIF INITIATIVES
GUIDED BY A FIVE YEAR (2007-2011) STRATEGIC PLAN
SWIF has targeted its grant and loan resources, as
well as staff time and expertise, around several key
initiatives involving:
• Economic Advancement
• Community and Leadership Development
• Building Regional Capacity
• Philanthropy
3
ECONOMIC ADVANCEMENT
• Renewable Energy Initiative
• Entrepreneurship Initiative
• Microenterprise Loan Program
• Gap Financing Loan Programs
CENTER OF RURAL ENTREPRENEURSHIP
M _�
ENTREPRENEURSHIP
6_a+ a.d bey-d'. b vNtss
A local YESI team diligently working on an
energy project.
*
YOUTH ENERGY SUMMIT
Hutchinson FFA YES!
— Developed major project titled "Collecting Others Muck;
Producing Our School's Tomorrow (COMPOST)," with
the goal to reduce meal -time garbage at Hutchinson High
School by 50 %; worked closely with Creekside
Composting Facility to plan the project
— Surveyed students and teachers about composting
awareness, created materials for a community -wide
composting marketing campaign, including public service
announcements, radio ads, t- shirts, posters and bumper
stickers
11
V__J
CENTER OF RURAL ENTREPRENEURSHIP
M _�
ENTREPRENEURSHIP
6_a+ a.d bey-d'. b vNtss
A local YESI team diligently working on an
energy project.
*
YOUTH ENERGY SUMMIT
Hutchinson FFA YES!
— Developed major project titled "Collecting Others Muck;
Producing Our School's Tomorrow (COMPOST)," with
the goal to reduce meal -time garbage at Hutchinson High
School by 50 %; worked closely with Creekside
Composting Facility to plan the project
— Surveyed students and teachers about composting
awareness, created materials for a community -wide
composting marketing campaign, including public service
announcements, radio ads, t- shirts, posters and bumper
stickers
11
xxm STm^ COMMUNITY AND LEADERSHIP
I'OUNDATION
DEVELOPMENT
Minnesota Early Childhood and Thrive Initiatives
14 Regional Coalitions
• Kerkhoven- Murdock - Sunburg School District
Litchfield
• Marshall — Completed partnership
Montevideo
• Mountain Lake
• Murray County
• Ortonville
• Redwood Area
• Rock County
Wabasso
Willmar
Windom
• Worthington
McLeod County Thrive Action Team
A mother and her son at the annual Willmar
ECI Fire Station event.
THRIVE INITIATIVE
• McLeod County Thrive
— Provided training to county -wide Emergency
Medical Services (EMS), fire department, law
enforcement, clergy and other personnel on
assisting very young children experiencing
traumatic situations
— Assisted additional local individuals to secure Six
Keys for Children's Mental Health trainer
certifications to enable more local providers to
participate in training
5
BUILDING REGIONAL CAPACITY
• Working with business leaders to build the region's
capacity for social and economic success
— Southern Minnesota Regional Competitiveness Partnership
with Southern Minnesota Initiative Foundation
— Convergence of Biology, Agriculture and Key Business
Leaders
— Leading By Example — Premier Business Leadership Event
• Nonprofit Leader's Academy launched to promote
building leadership skills from the inside out
5Otl H IFJ MINNESOTA
COMPETITIVENESS PARTNERSHIP
v �
PHILANTHROPY
Impact of Community and Designated Funds
• More than 90 fund
partnerships
throughout the region
• Nearly $6.4 million has
been raised by these
local funds; more than
$3.3 million of those
dollars are endowed
• More than $2.1 million
has been granted to
local projects through
these funds
As of 3131110
6
LOCAL FUND SNAPSHOT
Hutchinson Community Foundation (HCF) - awarded $25,129
toward various projects, including $19,493 toward the Kay
Peterson Memorial Mural in downtown Hutchinson and $2,136 to
support replacement of playground structure in Riverside Park.
HCF also received a $1,350 matching challenge grant from SWIF
to support immediate grantmaking needs.
Local advisory board members include:
- Jonathon Block, Treasurer
- Matt McMillan
- Dan Honsey, Chair
- Marlin Torgerson
- Mary Inglis, Chair
- Tim Ulrich
- Jeri Lueneberg
- Dave Westlund
- Marcus Max
- Joanne Willmert, Secretary
- Ronald McGraw
SWIF'S 225-YEAR ANNIVERSARY
• Created in response to 1980s economic crisis to provide financial
resources, creative leadership and hope for a brighter future, SWIF
has been impacting communities, businesses, organizations and
families in southwest Minnesota since 1986
Since inception, SWIF has:
— Granted more than $21 million to 2,700 nonprofits, schools and
agencies with like- minded initiatives
— Loaned nearly $32 million to more than 500 businesses looking to start
up or expand, creating or retaining nearly 8,000 jobs in the process
• Celebrations
— County Receptions — Visiting all 18 counties to celebrate locally
— Regional Banquet — May 20, 2011
• Celebrating southwest Minnesota over the last 25 years
• Awards — In addition to the Southwest Initiative Foundation Award, awards
will be presented to regional recipients for excellence in Leadership,
Innovation, Collaboration and Philanthropic Spirit
7
5(1lfl}Ri'LCTQJIIlAl1VE
FOUNDATION
VISIT US!
• Online at www.swifoundation.org
• In Hutchinson at 15 3rd Avenue NW
(Office at the intersection of Highways 7 and 15)
• Or call 1- 800 - 594 -9480 or 320 - 587 -4848
FOUNDATION STAFF
Diana Anderson, Chief Operating Officer
Garrett Backes, Development and Communications Specialist
Berny Berger, Microenterprise Program Coordinator
Deb Berggren, Accounting Specialist
Sara Carlson, Program Officer
Jessica Eastling, Receptionist/Gift Processer
Nancy Fasching, Grants Officer
Cheryl Glaeser, Program Officer
Karen Grasmon, Communications Officer
Nancy Kaping, Executive Assistant
Brad Kramer, Program Specialist
Liz Maiers, Development Officer
Scott Marquardt, Sr. Program Officer
Janet Menton, Loan Servicing Specialist
Margie Nelsen, Accountant
Sherry Ristau, President/CEO
Marsha Schiro, Community Resource Assistant
Kurt Thompson, Microenterprise Program Officer
Jackie Turner- Lovsness, Program Specialist
Amy Woitalewicz, Business Finance Officer
i
-SOCnl -RXTST INHIA114T.
FOUNDATION
15 3rd Avenue NW
Hutchinson, MN 55350
1- 800 - 594 -9480 or
320 - 587 -4848
www.swifoundation.org
Current focus areas include:
Economic advancement
Leadership and community development
Building regional capacity
Philanthropy
To date, SWIF has:
• Contributed more than $51 million
through its grant and loan programs
• Helped more than 495 businesses start
or expand
• Created or retained more than 7,600
jobs
• Established 14 Early Childhood Initiative
Coalitions
• Established 29 Youth Energy Summit
(YESO teams
• Established 21 community foundations
and more than 70 designated funds
• Yielded a 268 percent real -money
return on every dollar invested to
southwest Minnesota communities
NATIONAL
STANDARDS'"
Confirmed in Compliance with National Standards
for U.S. Community Foundations
Since 1986, the Southwest Initiative Foundation (SWIF) has been making a positive
impact on each of the 18 counties in southwest Minnesota. Here are some examples
ofSWIF's recent impact on McLeod County.
(July 1, 2009, -June 30, 2010, unless otherwise noted)
Initiatives and partnerships
• McLeod County Thrive Initiative
• Hutchinson FFA Youth Energy Summit
(YES!) supported with $2,750 toward
their energy action project
• Community and designated funds
• Buffalo Lake - Hector - Stewart Public
School Foundation Fund
• Carol M. Ulrich Haukos Memorial
Advised Endowment Fund
• Hutchinson Community
Foundation, which received a
$1,350 matching challenge grant
• Hutchinson Hospice Endowment
Fund
• Hutchinson Independent School
District #423 Foundation Fund
• Minnesota Educators of the Gifted
and Talented (MEGT) Fund
• People Helping People Nursing
Scholarship Endowment Fund
Education and assistance
• SWIF fund partner session in
Hutchinson attended by more than 20
community foundation and designated
fund partners
• Monthly entrepreneur education
opportunities offered at no charge to
participants in Hutchinson
• Nonprofit Leader's Academy, launched
to promote building leadership skills
from the inside out, attended by:
• Kids Inc. Child Care /Crown Family
Center, Hutchinson
• Hutchinson Area Health Care
Foundation, Hutchinson
Loans
(as ofApril 30,20 10)
Since inception, SWIF has awarded 63
loans totaling $2,416,970 to businesses in
McLeod County. Recent examples:
• Plum Creek Retreat Center,
Hutchinson
• Full throttle Services, LLC, Glencoe
Grants
(as ofApril 30,20 10)
Since inception, SWIF has awarded 188
grants totaling $1,341,338 to benefit
McLeod County. Recent examples:
• Awarded matching challenge grant to
Hutchinson Community Foundation
to fulfill immediate granhnaking needs
• With assets from the Hutchinson
Community Foundation, grant
awarded to Hutchinson Leadership
Institute to support program's
community projects (2008)
Connections
• H. Cris Remucal, M.D., of Hutchinson
serves on SWIF Board of Directors
• Valspar's Minnesota Beautiful
"Picture It Painted" project - Historic
Hutchinson
Continued on reverse.
Mission: To be a catalyst, facilitating opportunities for economic and social growth by developing and challenging leaders to build on the region's assets.
=b-
FOUNDATION
Hutchinson FFA YES! was among those in
attendance at the YES! Winter Workshop
in Willmar.
SWIF provides opportunities to equip
all southwest Minnesota adults with
knowledge and tools to help our youngest
citizens learn, love and thrive.
SWIF educates southwest Minnesota
on opportunities the renewable energy
industry presents to retain local wealth.
McLeod County
Continued from reverse.
Regional projects and events
• "Leading By Example II: Boomers to
Rockstars" leadership conference attended
by more than 220 regional business,
community and organizational leaders
• Southern Minnesota Regional
Competitiveness Project - Partnered with
several regional entities across southern
Minnesota to build a strategic economic
development plan focused on key assets
• Bio -Ag Business Leader Forums -
Convened a small group of key business
leaders around the potential economic
opportunities related to the convergence
of biology and agriculture
• YES! kick -off event and career fair hosted
at Southwest Minnesota State University
in Marshall
Mission: To be a catalyst, facilitating opportunities for economic and social growth by developing and challenging leaders to build on the region's assets.
SNOW EMERGENCY
INFORMATION
The City of Hutchinson implemented a snow emergency ordinance in 2010. A snow
emergency may include significant snow fall, severe drifting and/or freezing rain.
City officials will declare a snow emergency by 4:00 p.m. Notifications will be made to
local media outlets (KDUZ/KARP, HCVN, Hutchinson Leader website) and will also be
posted on the City's website at www.ci.hutchinson.mn.us. A telephone message will also be
available to check if a snow emergency is in effect by calling 320 - 234 -5699.
The snow emergency will begin at 12:00 midnight. There is no parking allowed on
streets and alleyways between 12:00 midnight and 7:00 a.m. A follow -up emergency
may be declared, depending on conditions, so be sure to check to see if snow
emergencies are in effect on consecutive days.
In the downtown area and in some other areas, existing parking restrictions will remain
in effect and will be enforced.
During a snow emergency, police officers are authorized to have a motor vehicle parked in
violation of the ordinance removed at the owner's expense.
Automatic Message Alert System
The City of Hutchinson uses a service designed to deliver Snow Emergency Information to
residents. This service, created and managed by Nixie, LLC delivers important
neighborhood -level public safety and community event notifications including Snow
Emergency Alerts by web, e-mail, and cell phone (via text messages) in a simple, trusted
format at no cost to the resident or subscriber.
Residents of Hutchinson can now take advantage of Nixie! Register now and learn more at
www.nixle.com. Then share this new service with friends and neighbors to spread the word!
Residents can also sign up for Snow Emergency alerts by going to www.ci.hutchinson.mn.us
and look for the Snow Emergency information link towards the bottom of the home page. On
the Snow Emergency page you will find a link to www.nixle.com to sign up for the service.
The Snow Emergency Information page will provide you with additional information about the
ordinance.
g(b)
Memorandum
TO: Mayor and City Council
FROM: Brenda K. Ewiman Resources Director
RE: Consideration of "Revised" Job Evaluation /Compensation Study Project
DATE: November 2, 2010
In August 2010, the City Council directed staff to seek and obtain a minimum of two bids for
professional services for the completion of a job evaluation and compensation study for the
City of Hutchinson. A bid proposal was solicited and bids were received from three consultant
firms. The low bid for the full project proposed was $13,500, and staff recommended accepting
the low bid to employ the services of Laumeyer Human Resource Solutions.
This recommendation was brought to the Council on September 14, 2010, for consideration.
Acceptance of the bid was, subsequently, not approved by the Council. Subsequent input from
respective Council members indicates a further need to consider updating the plan, rather than
doing it on a piecemeal basis in each of future years.
Staff has been in contact with the low bid consultant to determine if a reduced or revised valid
study could be completed and at what cost. The consultant agreed to consider our request and
offered the following study options and respective costs:
Study Component
Original
Quotation
Revised
Quotation 1
Revised
Quotation 2
Employee Interviews
$900.00
$900.00
$900.00
Job Point Factor Analysis
$900.00
$900.00
$900.00
FLSA Review
$800.00
$800.00
$800.00
Pay Equity Review
$600.00
$0.00
$0.00
Performance -based Pay Review
$800.00
$500.00
$0.00
Compensation.Analysis
$7,500.00
$6,500.00
$6,500.00
Report Development
$1,000.00
$1,000.00
$1,000.00
Client Meetings
$1,000.00
$1,000.00
$1,000.00
Study Cost Totals
$13,500.00
$11,600.00
$11,100.00
2010 Budgeted Study Funds
$20,000.00
$20,000.00
$20,000.00
Staff recommends a study be completed within the next sixty (60) days and prior to the
scheduled annual performance reviews (January 2011). The pending issues that require
professional consultant attention include the following:
9 1. )
1. Consultant evaluation of the 7 —10 regular positions the City has identified that have,
over time, changed in scope /duties or that are proposed to change due to the
reorganizations related to the recent staff reductions. Of particular concern is the
proper placement of the new position of City Administrator /Finance Director.
2. Review of the current pay grid to determine that the number of grades is accurate and if
the spread or difference between grades and as well as the spread from the lowest to
the highest grade is appropriate (internal equity).
3. Completion of the compensation analysis for all positions so that the Council,
constituents, management, and employees have confidence that employees are
compensated appropriately per the City's philosophy, fairly, and in proper relation to
our internal City structure and the external designated market and /or competition.
Regardless of the outcome of any study, it is ultimately the decision of the City Council what, if
any compensation changes are adopted and implemented, and if so, the time frame of such
implementation.
It is requested that the Council consider the job Evaluation and Compensation System review
and the revised quotation options provided by the consultant, Laumeyer Human Resource
Solutions. Staff will be in attendance at the November 9 Council meeting to address any
questions.
Encl.
1. Laumeyer Human Resource Solutions proposal of September 8, 2010
C\�1
Job Evaluation and Compensation
System Review for the
City of Hutchinson, Minnesota
Submitted by:
James A. Laumeyer
Laumeyer Human Resource Solutions
1722 Morningside Avenue
Duluth, Minnesota 55803
September 8, 2010
1 to-)
PHILOSOPHY OF OUR FIRM
Laumeyer Human Resource Solutions realizes that job
classification and compensation reviews are not merely
about numbers but about people. A participative and
interactive process involving employees will be utilized for
this project.
The outcome will be a user-friendly and understandable
result, which will ensure optimal acceptance, employee
ownership and management influence. Our firm views
each project as an opportunity to create positive change
and establish a business relationship with our clients,
based on mutual respect and trust.
�(9-)
TABLE OF CONTENTS
TOPIC PAGE
Statement of the Proposal
Scope of Work 2_3
External Market Study 3
Consultant Profiles q
References g
Fees and method of payment 6
Attachment 1 — Resumes
9.L)
Page One
City of Hutchinson
A. STATEMENT OF THE PROPOSAL
The City of Hutchinson, Minnesota requires a review of specific job
classes and its existing compensation structure. The specific focus areas
are:
a. A review and point factor application of up to 10 positions.
b. A review of the City's existing FLSA designations.
c. A review of the City's current structure relative to pay equity
compliance.
d. Conducting an external market analysis to contrast the City's current
salaries with similarly -sized cities within the state.
e. Conducting a review of the City's current performance -based pay
system.
f. Ensuring the City's compensation structure is market -based and void of
salary compression yet maintains internal equity.
g. Providing system implementation training and technical support to
City staff as needed.
h. Providing regular status reports to City staff to ensure ownership in the
proj ect.
i. Conducting employee information meetings to ensure continuous
communication is provided regarding the project.
j. Presenting the final project findings and recommendations to the City
staff as appropriate.
k. Providing post - project support as needed.
Note: The role of City staff in this project will be primarily to
provide internal meeting scheduling and serving as a resource for
document retrieval.
qL)
Page Two
City of Hutchinson
B. Scope of Work
Below is the project schedule overview. The project can commence
immediately after the approval of this proposal. This project approach
can be completed no later than November 15, 2010:
• Meet with City officials to discuss project and to collect and
review documentation, including organizational charts, job
descriptions and current salary information (Week 1).
• Provide employees via group meetings with overview of project
approach and timetable (Week 1).
• Distribute job questionnaires to employees to complete and
return to us prior to the conduct of personal job interviews
(Week 1).
• Conduct on -site interviews with employees to obtain in -depth
information about their respective jobs (Week 3).
• Review data from job interviews and utilize existing job
evaluation point factor system to adjust current point values (as
appropriate) of up to 10 positions (Week 4).
• Meet with City officials to present the recommended adjusted
point values of the subject positions (Week 5).
• Conduct a salary review of designated cities within Minnesota
to contrast salary information with the current salary structure
of the City of Hutchinson ( Weeks 6 -7).
• Conduct review of the City's existing performance -based pay
system (Week 8)
• Conduct review of the City's current FLSA designations (Week
8)
• Meet with City officials to review the results of the external
market study, recommended salary adjustments /assignments,
FLSA designations and analysis of performance -based pay
system prior to finalization (Week 9).
• Finalize classification and compensation structure and
implementation plan. (Week 10).
qL)
Page Three
City of Hutchinson
B. Scope of Work (continued):
• Participate with City officials in the presentation of the
classification and compensation plan to the City Council (To be
determined).
External Market Study
The approach to an external market study would begin with a discussion
with City officials and other primary stakeholders as to which market
comparators should be included to determine market competitiveness. The
application of salary data from both public and private sector employers
would be used with those job classes that share common characteristics.
Otherwise, only public sector comparisons will be used for those jobs that
are unique to city government.
For this project, the sources of data would be the League of Minnesota
Cities, State of Minnesota and private salary surveys. The geographic focus
of the salary data would be local, regional and statewide, depending on the
particular job class. Local salary data would be applied to those job classes
that are clerical or labor /trades in nature and extend statewide to senior
management positions.
A discussion with City officials would take place to obtain agreement on the
definition and composition of the relevant labor market prior to conducting
the external market analysis.
The basis for analysis will be a mid -point comparison between the salary
rates of City employees with the prevailing market rates extracted from the
external market study. The salary mid -point is the most common salary rate
used in market studies since it is the rate paid for employees who are fully
functioning within their respective jobs.
Page Four
City of Hutchinson
C. CONSULTANT PROFILE
JAMES A. LAUMEYER
PRINCIPAL CONSULTANT
Over 30 years of experience as a Senior Human Resource practitioner. Over
25 years of experience as a college instructor in Human Resources and
Labor Relations. Certification as a Senior Practitioner in Human Resources
(SPHR) from the Society of Human Resource Management (SHRM).
Published author on various human resource topics.
Master's Degree in Business Administration with emphasis on employee and
labor relations.
WAYNE BREDE
SENIOR CONSULTANT
Over 30 years of professional and managerial experience in human
resources. Specialty areas of expertise include job evaluation,
compensation, recruitment, interviewing, organizational development,
process reengineering, competency development, succession planning and
workforce planning. Expert status in the application of job evaluation
point factor systems.
Bachelor of Arts degree in Mass Communications with a minor in Business
Administration. Industrial Relations Certificate.
0 ( (�3)
Page Five
City of Hutchinson
D. CLIENT REFERENCES
Tina Rennemo
City Clerk Treasurer
City of Baudette
106 Main Street West
Baudette, MN 56623
(218) 634 -1850
Sandy Langley
City Clerk
City of Wayzata
600 Rice Street E.
Wayzata, Minnesota 55391 -1734
(952) 404 -5300
Lori Kasella
Finance Director
City of Little Falls
100 NE 7`" Avenue
Little Falls, Minnesota 56345
(320- 616 -5500
Bob Verkota
V.P. of Ancillary Services and Human Resources
North Country Health System
1300 Anne St N.W.
Bemidji, MN 56601
(218) 333 -5582
Desiree Crane
Administrative Assistant
City of Mounds View
2401 Highway #10
Mounds View, Minnesota 55112 -1429
(763) 717 -4000
Page Six
City of Hutchinson
E. FEES AND METHOD OF PAYMENT
The base products and services outlined in this proposal, including all
travel and administrative expenses, are not to exceed a total cost of
$13,500.00. The invoice is payable within 30 calendar days at the mid -point
and the completion of this project. Specific consultant fees are:
Employee Interviews
Job point factor Analysis
FLSA review
Pay Equity Review
Performance -based Pay review
Compensation Survey /Analysis
Report Development
Client Meetings
$ 900.00
$ 900.00
$ 800.00
$ 600.00
$ 800.00
$ 7,500.00
$ 1,000.00
$ 1,000.00
Total: $ 13,500.00
This proposal includes a post project one year service provision that
provides for the review of job classification and compensation requests
free of charge.
Note: The following services are also available beyond the base cost
quoted above:
*Job descriptions that require major revisions or new job descriptions are
billed at $65.00 per description.
** *Post contract services are billed at an hourly rate of $75.00.
9�k)
TO: Mayor and City Council Members
FROM: John Paulson, Environmental Specialist
Kent Exner, City Engineer
RE: Ameresco Energy Services Agreement and Summary
DATE: 11/2/2010
City staff has recently completed the review of the "Energy Services Agreement". City staff provided
comments to Ameresco and all questions and proposed changes have been addressed.
The "Energy Services Agreement" is included within your City Council packet envelope for your review.
Ameresco has provided a Lighting Overview that describes the lighting improvements and their associated
benefits as well as a project cost summary. The Council action item included in your packet is the Public
Notice. Before executing the "Energy Services Agreement" the City needs to Publish Notice of the meeting
that the City Council will consider the award of the contract. The project award date would be during the
scheduled City Council meeting on November 23, 2010 and is subject to the completed review and approval of
the agreement by the City Attorney.
Awarding the contract will include executing the "Notice to Proceed" and the "Energy Services Agreement"
which specifies the commitments of all parties. Once the documents are executed, Ameresco will then proceed
with scheduling the completion of the project. The start date of the project will be subject to the availability of
Hutchinson Utilities' rebates. Rebate funds cannot be earmarked for particular projects so it maybe necessary
to delay the start of the project until January to capitalize on the full rebate amount.
City staff welcomes your comments and will assist the council in any way we can
We recommend proceeding with the Public Notice of Project Award.
cc: Gary Plotz — City Administrator
IC)�)
PUBLICATION NO. 7847
PUBLIC NOTICE OF AWARD
TO WHOM IT MAY CONCERN:
Pursuant to Minnesota Statute Section 471.345, notice is hereby given that the City Council of Hutchinson,
Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE,
Hutchinson, MN at 5:30 pm on the 23rd day of November, 2010, to consider the award of a guaranteed energy
savings contract to Ameresco, Inc. for the implementation of energy conservation and facility improvement
measures.
Dated: 11/07/2010
City Administrator
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, NOVEMBER 11TH, 2010.
VoG)
EXECUTION COPY
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HUTCHINSON, MINNESOTA
rvj is
AMERESCO, INC.
Confidential & Proprietary Information of Ameresco, Inc. c\
Page 1 / 1 U(
TABLE OF CONTENTS
SECTIONS
I Scope of Services
2 Ownership of FIM(s)
3 Intentionally Omitted
4 Compensation and Payment
5 Term
6 Guarantee of Savings
7 Right of Entry/Space
8 Changes in Services
9 Warranties
10 CUSTOMER Role and Responsibilities
I 1 Defaults by CUSTOMER and Ameresco
12 Remedies for Default
13 Intentionally Omitted
14 Insurance and Bonds
15 Indemnification and Limitation of Liability
16 Agreement Interpretation and Performance
17 Privileged and Proprietary Information
18 Severability
19 Assignment and Subcontracting
20 Waiver
21 Force Majeure
22 Contract Documents
23 Notices
24 Records
25 Representations and Warranties
26 Independent Contractor
27 Additional Representation and Warranties of CUSTOMER
28 Negligent/Wrongful Acts
29 Further Documents and Events
30 Third Party Beneficiaries
31 Notifications of Governmental Action - Occupational Safety and Health
32 References
ATTACH IENTS
ATTACHMENT A PROPERTY DESCRIPTION
ATTACHMENT B SCOPE OF SERVICES
ATTACHMENT C GUARANTEE OF SAVINGS
ATTACHMENT D DELIVERY AND ACCEPTANCE CERTIFICATE
ATTACHMENT D (1) PERCENT COMPLETE ACKNOWLEDGEMENT
CERTIFICATE
ATTACHMENT D (2) CERTIFICATE OF SUBSTANTIAL COMPLETION
Confidential & Proprietary Information of Ameresco, Inc. I � C)
Page 2
ATTACHMENT E NOTICE TO PROCEED
ATTACHMENT F CHANGE ORDER FORM
ATTACHMENT G METHODOLOGY OF CALCULATING SAVINGS
ATTACHMENT H DAVIS -BACON REQUIREMENTS
Confidential & Proprietary Information of Ameresco, Inc. ( rQ-)
Page 3
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
CITY OF HUTCHINSON, MN
F�7
AMERESCO, INC.
THIS ENERGY SERVICES AGREEMENT (the "Agreement ") is entered into this _'" day of
. 2010, by and between the City of Hutchinson, Minnesota, having its
principal place of business located at I I I Hassan Street, Hutchinson, MN 55350, (hereinafter
referred to as "CUSTOMER ") and Ameresco, Inc. a Delaware corporation having its principal
place of business at 111 Speen Street, Suite 410, Framingham, MA 01701 (hereinafter referred to
as "Ameresco "). The parties to this Agreement shall be collectively referred to as the "Parties"
and individually as a "Party."
WHEREAS, Ameresco has submitted a Project Proposal dated February 17, 2010, (the
"Proposal'), which was completed and delivered as described in the Project Development
Agreement between the CUSTOMER and Ameresco, dated October 14, 2009;
WHEREAS, CUSTOMER has selected certain improvement measures and desires Ameresco to
complete a project (the "Project") consisting of certain energy conservation services and
installations at CUSTOMER's buildings described in Attachment A (the "Property "), and
Ameresco wishes to perform such services; and
WHEREAS, CUSTOMER owns and controls the Property.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,
the Parties hereby agree as follows:
SECTION 1 SCOPE OF SERVICES
(a) Work: Upon delivery by CUSTOMER to Ameresco of a "Notice To Proceed ",
substantially in the form attached to this Agreement as Attachment E Ameresco shall
furnish all labor, materials and equipment and perform all work required for the
completion of the Scope of Services set forth in Attachment B (the "Scope of Services'),
including the installation of the energy conservation measures and facility improvement
measures identified therein ( "FIM(s) "), as such Scope of Services and such Attachments
may be modified in accordance with this Agreement. CUSTOMER and Ameresco shall
mutually plan the scheduling of the FIM(s). The FIM(s) shall be planned to minimize
interruption of the daily routine of CUSTOMER's staff except as permitted in writing by
CUSTOMER.
(b) Disposal: Ameresco shall be responsible for disposal of all non - hazardous equipment
and materials which are rendered useless and removed as a result of installation of the
FIM(s) pursuant to this Agreement, the cost of which is included as part of the Project
Confidential & Proprietary Information of Ameresco, Inc. I U, C20
Page 4
cost. In addition, Ameresco shall, at its cost, cause all lamps which are classified as
hazardous wastes by the rules and regulations of the U.S. Environmental Protection
Agency (40 CFR Parts 260 through 279) as may be applicable, and PCB- contaminated
ballasts, if any, which have been rendered useless and removed as a result of the
installations of the FIM(s) to be transported and disposed of All existing PCB -
contaminated ballasts, lamps and all other hazardous materials (if any), which are not
being removed or otherwise rendered useless as a result of installation of the FIM(s)
pursuant to this Agreement shall remain the responsibility of CUSTOMER and Ameresco
shall assume no liability in connection with their removal, transportation or disposal.
(c) Asbestos and Lead Peint:
(i) Asbestos: Ameresco's Scope of Services is predicated on the viability of the
Project without Ameresco encountering or disturbing asbestos or being required
to perform any asbestos abatement or taking any other action with respect to
asbestos. CUSTOMER hereby represents that there is no asbestos or other
hazardous materials in any area wherein Ameresco shall be performing the Scope
of Services. In the event that: (a) Ameresco encounters any friable asbestos
which is in the vicinity of the Project, (b) Ameresco determines that its work
shall result in the disturbance of asbestos material, or (c) Ameresco determines
that the presence of asbestos material may impede Ameresco's work, Ameresco
shall notify CUSTOMER of the same and CUSTOMER shall, at its cost, cause
the asbestos to be lawfully removed, enclosed, encapsulated or otherwise abated
in accordance with applicable laws, rules and regulations , or alternatively,
CUSTOMER, at its cost, may provide written test reports showing that asbestos
in that area has been properly removed, enclosed, encapsulated or otherwise
abated in accordance with applicable laws rules and regulations. In the event
Ameresco cannot determine whether any particular material does or does not
contain asbestos, CUSTOMER, upon Ameresco's written request, shall, at
CUSTOMER's cost, lawfully perform tests or cause tests to be performed in
order to determine whether or not such material contains asbestos and/or whether
there are unacceptable levels of airborne particulate material containing asbestos
and provide such test report to Ameresco. Under no circumstances shall
Ameresco be required to handle asbestos. In the event it encounters asbestos that
materially affects the Scope of Services or the Project schedule, Ameresco, at its
option, may demobilize and cease construction in the area affected by the
presence of asbestos until such time as CUSTOMER performs the actions
required to be performed by CUSTOMER that are described in this Subsection.
In the event that CUSTOMER does not promptly take action, as provided herein,
or notifies Ameresco that it shall not take such action, Ameresco may, at its
option, either remove the affected area from its Scope of Services (and make
commensurate adjustments to it's rights and obligations) or mutually agree with
CUSTOMER to terminate this Agreement in its entirety, any such agreement not
to be unreasonably withheld. CUSTOMER shall be responsible for payment of
the portion of the Work implemented prior to such termination. CUSTOMER
shall be responsible for any and all costs (including termination) incurred by
Ameresco that relate to the presence of asbestos.
(ii) Lead Paint: Ameresco's Scope of Services is predicated upon the viability of the
Project without Ameresco encountering or disturbing lead paint or being required
to perform abatement or providing any notice or taking any other action with
Confidential & Proprietary Information of Ameresco, Inc.
Page 5
respect to lead paint. CUSTOMER hereby represents that there is no exposed
lead paint in any area in which Ameresco shall be performing the Scope of
Services. In the event that Ameresco encounters lead paint in any area where it is
to perform the Scope of Services, which services shall require disturbing lead
paint, and Ameresco reasonably believes that such paint may be lead paint,
CUSTOMER, upon Ameresco's written request, shall, at CUSTOMER's cost,
lawfully perform tests or cause tests to be performed in order to determine
whether or not such paint contains lead and shall provide a test report to
Ameresco. In the event that: such test report demonstrates the presence of lead
paint or Ameresco reasonably believes that performing its services under this
Agreement is likely to cause the disturbance of lead paint in such a manner as to
require Ameresco to provide any notification or take any actions pursuant to any
federal, state or local laws, rules, or regulations and Ameresco notifies
CUSTOMER of the same, CUSTOMER shall, in either case, at its cost, cause the
lead paint to be lawfully removed, or otherwise abated in accordance with
applicable laws, rules and regulations. Under no circumstances, shall Ameresco
be required to perform services, which cause the disturbance of lead paint. In the
event lead paint materially affects the Project Schedule, Ameresco, at its sole
option, may demobilize and cease construction in the area affected by the
presence of lead paint until such time as CUSTOMER performs the actions
required to be performed by CUSTOMER. In the event that CUSTOMER does
not promptly take action as provided herein or notifies Ameresco that it shall not
take such action, Ameresco may, at its sole option, either remove the affected
area from its Scope of Services (and make commensurate adjustments to the
rights and obligations of the Parties) or mutually agree with CUSTOMER to
terminate this Agreement in its entirety, which agreement shall not be
unreasonably withheld and CUSTOMER shall be responsible for payment of the
portion of the Work implemented prior to such termination. CUSTOMER shall
be responsible for any and all costs (including termination) incurred by
Ameresco that relate to the presence of lead paint.
(d) Compliance With Law: The Parties shall comply with all federal, state and local laws,
rules and regulations now in effect or known to be changing during the construction
period, including, without limitation, the provisions of the Davis -Bacon Act as set forth
on Attachment H.
(e) Taxes: Sales and use taxes associated with the Work are included in the Contract Cost.
CUSTOMER shall pay (or, if applicable, reimburse Ameresco for the payment of) all
property taxes or other fees and assessments associated with the Work.
(f) Duties. Obligations ions and Responsibilities of Ameresco:
(i) All labor furnished under this Agreement shall be performed by personnel who
are competent to perform the tasks undertaken, that all materials and equipment
provided shall be new and of agreed upon quality unless otherwise agreed, and
that the completed FIM(s) shall comply in all material respects with the
requirements of this Agreement.
(ii) Ameresco shall maintain the Project site in a reasonably clean condition during
the performance of the construction Work.
Confidential & Proprietary Information of Ameresco, Inc. ) & l_ J
Page 6
(iii) Ameresco shall regularly, as mutually agreed upon by the Parties, clean the
Project site of all debris, trash and excess material or equipment generated by
Ameresco's construction work hereunder.
(iv) Ameresco shall permit CUSTOMER or any of its representatives to enter upon
the Project site to review or inspect the FIM(s) without formality or other
procedure, except that all such entries must be in compliance with all safety
procedures, rules and regulations.
(v) Ameresco shall provide equipment manuals and other appropriate information
regarding equipment installed hereunder to CUSTOMER at or about the time of
"Substantial Completion" as such term is defined below.
(vi) Ameresco shall, at its expense, comply with and obtain all applicable licenses
and permits required by federal, state and local laws in connection with (i) the
installation of the FIMs and (ii) the operation and/or maintenance of the FIMs (to
the extent that Ameresco agrees to perform such operations and/or maintenance
services). In the event that Ameresco cannot procure any such license or permit
in light of a requirement that CUSTOMER is required to do so, CUSTOMER
shall promptly procure the same.
SECTION 2 Ownership of FIM(s)
Ownership and title to each FIM or portion thereof, as applicable, shall automatically pass to
CUSTOMER upon Ameresco's receipt of both (i) the executed Substantial Completion
Certificate or each Percent Complete Acknowledgement Certificate substantially in the form
attached to this Agreement as Attachment D (1), (including CUSTOMER's payment certification)
delivered pursuant to Section 4 for such FIM or portion thereof, and (ii) the indefeasible payment
in full of all of CUSTOMER's payment obligations to Ameresco pursuant to such Substantial
Completion Certificate or Percent Complete Acknowledgement Certificate for such installed FIM
or portion thereof. Prior to satisfaction of the conditions set forth in (i) and (ii) in the previous
sentence with respect to an FIM or portion thereof, title to each FIM or portion thereof shall
remain in the name of Ameresco. If, notwithstanding the intent of the Parties, CUSTOMER is
deemed to hold title to any or all of the FIMs or portion thereof prior to the satisfaction of the
conditions set forth in (i) and (ii) above, as security for the payment in full of the CUSTOMER'S
obligations with respect to each such FIM or portion thereof, CUSTOMER hereby assigns,
transfers and grants to Ameresco a security interest in such FIMs. CUSTOMER hereby authorizes
Ameresco to file, from time to time, Uniform Commercial Code financing statements in such
jurisdictions as may be necessary to perfect and maintain its security interest in such FIMs. If
requested by Ameresco, CUSTOMER agrees to execute and deliver all further instruments and
documents and take all further action, to the extent such action may not be undertaken by
Ameresco on its own, that may be necessary in order to create, perfect and protect Ameresco's
security interest in the FIMs and hereby irrevocably appoints Ameresco as CUSTOMER's
attorney -in -fact with full power to sign such instruments and documents. Upon delivery of the
Substantial Completion Certificate and satisfaction of clause (ii) above for each FIM, Ameresco's
interest in the related FIMs shall be released and terminated, in each case without further action
on any Party's part.
SECTION 3 Intentionally Omitted
Confidential & Proprietary Information of Ameresco, Inc.
Page 7
SECTION 4 Compensation and Pa men
(a) The "Contract Cost" shall be THREE HUNDRED SEVENTY -FIVE THOUSAND
ONE HUNDRED FOURTEEN and 001100 Dollars ($375,114.00).
(b) Upon delivery by CUSTOMER to Ameresco of a Notice to Proceed, substantially in the
form attached to this Agreement as Attachment E, including proof of available funds
sufficient to pay the Contract Cost, CUSTOMER shall pay Ameresco ten percent (10 %)
of the Contract Cost. Thereafter, Ameresco shall submit invoices to Customer for
monthly progress payments based upon the percentage of the Project construction and
equipment procurement completed at the end of each month, so that Ameresco is paid the
percentage of the Contract Cost that is commensurate with the percentage of completion
of the Scope of Services. A Percent Complete Acknowledgement Certificate in the form
attached hereto as Attachment D (1) will be executed by Customer during each month of
the construction period showing percent complete and monthly payment due.
CUSTOMER shall make payment to Ameresco, within thirty-five (35) days after the
submission of each such invoice (the "Due Date ").
(c) Upon Substantial Completion of the installation of an FIM (or portion thereof as
applicable), Ameresco will deliver to CUSTOMER a Substantial Completion Certificate
in the form of Attachment D (2). Within fourteen (14) calendar days after receipt of each
Substantial Completion Certificate, CUSTOMER shall complete, execute and deliver to
Ameresco each such Substantial Completion Certificate. For the purposes of this
Agreement the term "Substantial Completion" shall mean that the subject FIM(S) have
been installed by Ameresco, and, if such FIM(s) are equipment, such equipment is then
operating in a manner consistent with each manufacturer's intended use and
CUSTOMER is receiving beneficial use thereof. A final Delivery and Acceptance
Certificate, attached hereto as Attachment D shall be executed by Customer upon
Substantial Completion of the installation of the final FIM. Customer shall not
unreasonably withhold or delay the execution and delivery of the Delivery and
Acceptance Certificate.
(d) All amounts not paid to Ameresco on or before the due dates specified in Subsection
4(b), (c) and (d) shall accrue interest at the rate of 1.5% per month. If Ameresco is
prohibited by law from charging interest at said rate but is instead limited by law to
charging a maximum rate, which is a lower rate, Ameresco shall charge interest at
said lower rate on all outstanding balances until payment in full is received.
(e) As required by Minnesota Stat. 471.425 subd. 41, all subcontractors who are entitled to
payment pursuant to and as a result of the provisions of the applicable subcontract,
shall be paid by Ameresco within ten (10) days of receipt of payment from
CUSTOMER.
SECTION 5 Term
This Agreement shall be effective on the date fast above written and shall remain in effect
through the "Guarantee Period" as such term is defined in Attachment C (the "Term ") or, unless
Confidential & Proprietary Information of Ameresco, Inc. ) � (-a-)
Page 8
terminated prior to such date, as provided for in Section 12 of this Agreement. Notwithstanding
the foregoing, nothing in this Section 5 shall relieve CUSTOMER from paying amounts, which
accrued prior to such termination of this Agreement, when due under this Agreement.
SECTION 6 Guarantee of Savings
To the extent set forth in Attachment C, and solely in accordance with Attachment C, Ameresco
hereby guarantees that the amount of the Documented Savings (as such term is defined in
Attachment C and determined in accordance with the measurement and verification plan set forth
in Attachment D), shall equal or exceed the Annual Guaranteed Savings Amount (as such term is
defined in Attachment Cl. to be achieved by CUSTOMER as a result of performance of the
Scope of Services.
SECTION 7 Right of Entry/Space
During the Term of this Agreement, CUSTOMER shall provide Ameresco and its employees,
agents and subcontractors access to the Property for the purpose of fulfilling Ameresco's
obligations under this Agreement. CUSTOMER shall provide required rent free space for the
installation and operation of the FIM(s) and shall protect such items and equipment in the same
careful manner that CUSTOMER protects the Property.
SECTION 8 Changes in Services
The Scope of Services may be changed only by mutual agreement of the Parties evidenced by
execution of a "Change Order" substantially in the form attached to this Agreement as
Attachment F. including the quantity, quality, dimensions, type or other characteristics of the
FIMs. In addition, the Scope of Services may be reduced or expanded including, without
limitation, the addition or reduction of other energy efficiency measures and facilities not
included within the FIMs scheduled on Attachment B by the execution and delivery of a Change
Order Form. Such Change Order Form may serve as a remedy for a partial default pursuant to
Sections 11 and 12, below. Any and all change orders will be designed to comply with
Minnesota Statutes 471.345, subd. 13 so that such change order(s) will not be subject to the
competitive bidding requirements of Section 471.345 or other law or city charter.
SECTION 9 Warranties
Ameresco hereby agrees as follows:
(a) Ameresco warrants that the work hereunder is warranted to be free from defects in
materials and workmanship on a FIM by FIM basis, for a period of one (1) year from the
date of execution of the Substantial Completion Certificate for such FIM by
CUSTOMER. Any manufacturers' warranties which exceed this one (1) year period shall
be assigned to Customer to the extent allowed by the manufacturer. Ameresco shall
provide CUSTOMER with any and all documentation in its possession related to such
warranties. Ameresco shall notify CUSTOMER of any warranties that are not
assignable.
(b) To furnish adequate protection from damage for all work and to repair damages of any
Confidential & Proprietary Information of Ameresco, Inc. C.
Page 9
kind for which Ameresco or Ameresco's workmen are responsible, to the building or
equipment, to Ameresco's own work, or to the work of others.
(c) Any equipment or service provided under this Agreement which is or becomes defective
during the Warranty Period shall be replaced by Ameresco at its cost. Ameresco shall
make any such replacements promptly upon receiving notice from CUSTOMER.
(d) EXCEPT AS PROVIDED IN THIS SECTION 9, AMERESCO MAKES NO FURTHER
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER
STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES AS TO THE VALUE, DESIGN, AND CONDITION
OR FITNESS FOR USE OR PARTICULAR PURPOSE AND MERCHANTABILITY,
REGARDING THE FIM(s).
SECTION 10 CUSTOMER Role and Responsibilities
(a) Operations: CUSTOMER shall operate all equipment installed hereunder in accordance
with the manufacturer's recommendations and the manuals supplied to CUSTOMER by
Ameresco.
(b) Maintenance: CUSTOMER shall, at its expense, maintain the Property in good working
condition during the Term of this Agreement. CUSTOMER shall maintain, at
CUSTOMER's expense: (i) all equipment and other components included as part of the
FIM(s), and (ii) all other equipment which is attached thereto and/or is integral to the
proper functioning of the FIM(s).
(c) Malfunctions: CUSTOMER shall notify Ameresco immediately in the event of any
malfunction in the operation of the FIM(s) installed hereunder.
(d) Protection of EIME Except in the case of emergency, CUSTOMER shall not remove,
move, alter, turn off or otherwise significantly alter the operation of the equipment
installed hereunder or the operation of the FIMs, or any individual part thereof, without
the prior approval of Ameresco, which approval shall not be unreasonably withheld.
After receiving Ameresco's approval, CUSTOMER shall proceed as instructed.
CUSTOMER shall act reasonably to protect the FIM(s) from damage or loss, if, due to an
emergency, it is not reasonable to notify Ameresco before acting. CUSTOMER agrees to
protect and preserve the facility envelope and operating condition of all FIMs,
mechanical systems and other energy consuming systems located on the Property.
(e) Measurement System: CUSTOMER shall not move, modify or otherwise alter the
measurement and verification system installed as part of the FIM(s) or any component
thereof without the written consent of Ameresco unless such action is in accordance with
manuals provided by Ameresco.
(f) Adjustment to Baseline: If CUSTOMER does not reasonably protect the FIM(s) or
maintain the Property in good repair and good working condition, Ameresco, after thirty
(30) days advance notice to CUSTOMER, may adjust the baseline, as identified in
Attachment D and Attachment G.
(g) Changes to PronertV or Additional Equipment: CUSTOMER shall notify Ameresco in
Confidential & Proprietary Information of Ameresco, Inc. } D �SL�
¢age ]0
writing at least thirty (30) days prior to making any changes to the Property that may
affect the energy usage on the Property, including, but not limited to, changes in the
hours or days or time of year that the Property is occupied or operated, the number of
occupants (including, but not limited to, staff), the activity conducted, the equipment, the
facilities, or the size of the Property. CUSTOMER shall also notify Ameresco regarding
increases over time in numbers and usage of "plug in" devices such as computers and
printers. In the event Ameresco receives such notification or otherwise determines that
such a change has occurred, it may make the revisions to the Attachments or take such
other action as may be provided for hereunder. Ameresco may also make retroactive
adjustments if CUSTOMER has not provided timely notice and any payments shall be
retroactively reconciled to reflect the changed baseline.
(h) Energy Usage Data: CUSTOMER shall make available to Ameresco, on a monthly basis
for the Term of this Agreement, copies of all energy bills, energy usage data, and any and
all other such documentation maintained by CUSTOMER, as may be requested by
Ameresco, which is required to perform all of its obligations under this Agreement.
(i) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or
liabilities under this Agreement, CUSTOMER shall, at its expense, provide and maintain
at all times during the Term of this Agreement, sufficient insurance against the loss, theft
of or damage to the FIM(s), related equipment, and all equipment installed hereunder, for
the full replacement value thereof. In addition CUSTOMER's Commercial General
Liability insurance shall be primary for any property damage or bodily injury during the
performance of the Work hereunder.
Upon installation, CUSTOMER assumes all risk of loss of or damage to the FIM(s) from
any cause whatsoever except to the extent that such loss or damage was caused by the
sole negligence of Ameresco. In the event of loss or damage to any equipment installed
hereunder, CUSTOMER shall promptly notify Ameresco and immediately return the
same to good repair with the proceeds of any insurance received to the cost of such
repair. If CUSTOMER determines that any of the FIM(s) are lost, stolen, confiscated,
destroyed or damaged beyond repair, CUSTOMER shall replace the same with like
equipment in good repair in a timely fashion.
(j) Teleohone: CUSTOMER is responsible for installing and maintaining telephone lines
and all associated costs for the FIM(s) telephone lines or applicable energy management
system communication systems.
(k) Protection. CUSTOMER shall at all times act reasonably to protect the FIM(s) from loss
or damage to the same extent and in the same manner in which it protects the Property.
(1) Alteration: CUSTOMER agrees not to move or alter or change the FIM(s) in any way
that may cause a reduction in the level of efficiency or savings generated by the FIM or
the equipment installed hereunder without obtaining Ameresco's written approval.
(m) Storage: CUSTOMER shall provide rent free space for Ameresco, or any of its
subcontractors, to mobilize and store supplies, tools and equipment during installation of
the FIM(s) or other activities by Ameresco on the Property as available pursuant to this
Agreement for which such storage space may be required with locking capacity
acceptable to Ameresco. Only Ameresco or any of Ameresco's subcontractors, and
CUSTOMER's assigned personnel shall have access to storage. CUSTOMER shall not
Confidential & Proprietary Information of Ameresco, Inc. )C) `g)
Page 11
be liable for loss or damage to any supplies, tools or equipment stored during installation
of the FIM(s) except to the extent such loss or damage is the result of CUSTOMER's
negligence.
(n) Fuel: CUSTOMER shall procure and pay for all energy and fuel for the operation of the
Property.
(o) Filings: CUSTOMER shall make all filings, if any, required of it by the State of
Minnesota relating to the Project. Ameresco shall reasonably cooperate with
CUSTOMER regarding any such filings.
(p) Cooperation during Construction: CUSTOMER acknowledges and agrees that
completion of the Scope of Services is dependent on CUSTOMER's cooperation in
relocating personnel, furniture and equipment or taking such other actions as may be
necessary by CUSTOMER in order to prepare space for work by Ameresco.
CUSTOMER agrees to take all such actions as is reasonably requested by Ameresco in a
timely manner in order to allow the Scope of Work to be accomplished hereunder.
SECTION 11 Defaults bl CUSTOMER and Ameresco
(a) By CUSTOMER.
CUSTOMER shall be in default under this Agreement upon the occurrence of any of the
following:
(i) CUSTOMER fails to pay when due any amount to be paid under this Agreement
and such failure continues for a period of five (5) business days after notice of
overdue payment is delivered by Ameresco to CUSTOMER;
(ii) CUSTOMER fails to perform any of its required duties or obligations under this
Agreement and fails to cure such failure and the effects of such failure within
thirty (30) days of receipt of written notice of default, unless such failures and
effects cannot be completely cured within thirty (30) days after said written
notice, in which case a default shall exist only if CUSTOMER does not
commence and diligently pursue to cure such failures and effects as soon as
practicable;
(iii) CUSTOMER enters receivership, or makes an assignment for the benefit of
creditors, whether voluntary or involuntary, or a petition is filed by or against
CUSTOMER under any bankruptcy, insolvency or similar law and such petition
is not dismissed within sixty (60) days.
(iv) CUSTOMER fails to cooperate in relocating personnel, furniture and equipment
or to take such other actions as may be necessary by CUSTOMER in order to
prepare space for work by Ameresco as is reasonably requested by Ameresco in a
timely manner in order to allow the Scope of Work to be accomplished
hereunder, may result in a Default in respect of the specific FIM or FIMs, that the
failure is related to.
(b) By Ameresco.
Confidential & Proprietary Information of Ameresco, Inc. ) G C L l
Page 12
Ameresco shall be in default under this Agreement if Ameresco fails to perform any of its
material duties or obligations under this Agreement and fails to cure such failure or
effects of such failure within thirty (30) days of receipt of written notice of default, unless
such failure or effects of such failure cannot be completely cured within thirty (30) days
after said written notice, in which case a default shall exist only if Ameresco does not
promptly commence and diligently pursue to cure such failure as soon as practicable.
SECTION 12 Remedies for Default
(a) In the event CUSTOMER defaults under this Agreement, Ameresco may:
(i) bring actions for any remedies available at law or in equity or other appropriate
proceedings for the recovery of damages, including amounts past due, and/or
bring an action in equity for specific performance; and
(ii) with or without recourse to legal process, Ameresco may terminate this
Agreement by delivering written notice of termination at least thirty (30) days
prior to the requested termination date.
(iii) For a partial Default by CUSTOMER, Ameresco, at its option may,
(a) Terminate the specific FIM or FIMs, that the failure is related to; or
(b) Continue to work with CUSTOMER to install the FIM or FIMs, upon
agreement between the parties as to the revised Scope of Work and Schedule
and CUSTOMER's delivery of an executed Change Order Form in
accordance with Section 8, hereof.
(b) In the event Ameresco defaults under this Agreement, CUSTOMER may terminate this
Agreement and bring an action in law for direct damages, or, for a default which occurs
during the construction period, CUSTOMER may seek an action for injunctive relief.
SECTION 13 Intentionally Omitted.
SECTION 14 Insurance and Bonds
(a) By Ameresco: Without limiting any of its obligations or liabilities under this Agreement,
Ameresco shall provide and maintain at its expense, the following insurance coverage where
reasonable market availability for such insurance exists:
(i) Workers' Compensation and Employer's Liability Insurance as required by law.
(ii) Comprehensive General Liability Insurance, including contractual liability,
Bodily Injury per person, $1 million; Bodily Injury per occurrence, $1 million;
Property Damage per occurrence, $1 million; Personal Injury per occurrence, $1
million; and Excess Liability, $5 million.
(iii) Comprehensive Automobile Liability Insurance, including owned, non -owned
and hired automotive equipment of, Bodily Injury per person, $1 million; Bodily
Confidential & Proprietary Information of Ameresco, Inc.
Page 13
Injury per occurrence, $1 million; Property Damage per occurrence, $1 million;
and Excess Liability, $5 million.
(iv) Ameresco shall deliver to CUSTOMER a Certificate of Insurance naming
CUSTOMER as an additional insured party under paragraphs (ii) and (iii), above,
and agrees to provide CUSTOMER with at least thirty (30) days notice of
cancellation.
Ameresco shall deliver to CUSTOMER Performance and Payment Bonds in a sum equal to the
Contract Cost conditioned upon faithful performance of the Agreement by Ameresco, for the
implementation of the FIM(s) as it may be from time to time modified by Change Orders within
ten (10) days of issuance of a Notice to Proceed. The Performance Bond applies only to the
installation portion of this Agreement and does not apply in any way to energy savings
guarantees, payments or maintenance provisions, except that the Performance Bond shall
guarantee that the installation of each FIM will be free of defective materials and workmanship
for a period of twelve (12) months following completion and acceptance of the Work, such
twelve (12) month period to run on an FIM by FIM basis as provided in Section 9.
(b) By CUSTOMER: Without limiting any of its obligations or liabilities under this Agreement,
CUSTOMER shall provide and maintain at its expense, insurance coverage consistent with the
requirements of section 14 (i) and (ii), above.
SECTION 15 Indemnification and Limitation of Liability
(a) Neither Party nor its respective officers, directors, agents, employees, parent, subsidiaries
or affiliates or their affiliates' officers, directors, agents or employees shall be liable,
irrespective of whether such claim of liability is based upon breach of warranty, tort,
(including negligence, whether of any of the Parties to this Agreement or others), strict
liability, contract, operation of law or otherwise, to any other Party, or its affiliates,
officers, directors, agents, employees, successors or assigns, or their respective insureds,
for incidental, delay, punitive or consequential damages, connected with, related to or
arising from performance or non - performance of this Agreement.
(b) Ameresco's liability in contract for direct damages under this Agreement shall in all
cases be limited to the sum of One Million Five Hundred Thousand Dollars ($1,500,000).
(c) Ameresco agrees to defend, indemnify and hold CUSTOMER harmless from and against
any and all claims for damages but only to the extent such damages arise by reason of
bodily injury, death or damage to property caused by Ameresco's sole negligence or
willful misconduct. To the extent that any such damages are covered by or under
Ameresco's Comprehensive General Liability Insurance policy, Ameresco shall not be
required to indemnify CUSTOMER in excess of the limits of such coverage. Ameresco,
however, in no event shall be obligated to indemnify CUSTOMER to the extent that any
such injury or damage is caused by the negligence of CUSTOMER or any entity for
which CUSTOMER is legally responsible. Ameresco's liability to CUSTOMER pursuant
to this Section 15(c) shall in all cases be limited to the actual proceeds of insurance under
the policies maintained by Ameresco pursuant to the requirements of this Agreement
(d) CUSTOMER agrees to defend, indemnify and hold harmless AMERESCO, its officers,
agents and employees, from and against any and all claims for damages but only to the
Confidential & Proprietary Information of Ameresco, Inc. I U `�C
Page 14
extent such damages arise by reason of bodily injury, death or damage to property caused
by CUSTOMER's sole negligence or willful misconduct. CUSTOMER, however, in no
event shall be obligated to indemnify Ameresco to the extent that any such injury or
damage is caused by the negligence of Ameresco or any entity for which Ameresco is
legally responsible.
SECTION 16 Agreement Interpretation and Performance
This Agreement shall be governed as to all matters whether of validity, interpretations,
obligations, performance or otherwise exclusively by the laws of the State of Minnesota, except
those requiring application of the law of another jurisdiction, and all questions arising with
respect thereto shall be determined in accordance with such laws. Regardless of where actually
delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by
all parties in the State of Minnesota.
SECTION 17 Privileged and Proprietary Information
Ameresco's systems, means, cost, and methodologies of evaluating, implementing,
accomplishing and determining energy savings and the terms of the Agreement for this Project
shall be considered privileged and proprietary information. CUSTOMER shall use the same level
of effort to protect and safeguard such information as it employs to safeguard its own confidential
information. CUSTOMER shall not disclose such proprietary information without the express
written consent of an officer of Ameresco unless required to do so by statute or regulation. When
any request for disclosure of such information is made under any applicable freedom of
information law (the "FOIE. "), CUSTOMER shall provide prompt verbal and written notice to
Ameresco such that Ameresco will have the opportunity to timely object under the FOIL should it
desire to object to such disclosure of that information in whole or in part. Ameresco must file any
such objection or take such action within five (5) business days of receipt of such notice from
CUSTOMER. In the event that CUSTOMER is required to make a filing with any agency or
other governmental body, which includes such information, CUSTOMER shall notify Ameresco
and cooperate with Ameresco in order to seek confidential treatment of such information included
within any such filing or, if all such information cannot be protected from disclosure, to request
that CUSTOMER be permitted to redact portions of such information, as Ameresco may
designate, from that portion of said filing which is to be made available to the public.
SECTION 18 Severabilitv
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or
unenforceable, the invalidity of such provision shall not affect the other provisions of this
Agreement, and all other provisions of this Agreement shall remain in full force and effect.
SECTION 19 Assignments and Subcontractine
(a) Ameresco may elect to use subcontractors in meeting its obligations hereunder.
(b) CUSTOMER shall not assign, transfer, or otherwise dispose of this Agreement, the
FIM(s), or any interest therein, or sublet or lend the FIM(s) or permit the FIM(s) to be
Confidential & Proprietary Information of Ameresco, Inc. ) U cc�—
Page 15
used by anyone other than CUSTOMER and CUSTOMER's employees without the prior
express written consent of Ameresco; provided that, CUSTOMER may, without
obtaining the consent of Ameresco, assign its rights in the FIM(s) to any financial
institution, lender or investor in connection with a leasing or financing arrangement for
the FIM(s).
(c) Ameresco shall not assign this Agreement in whole or in part to any other party without
first obtaining the consent of CUSTOMER, which consent shall not be unreasonably
withheld; provided that, Ameresco may assign, without obtaining the consent of
CUSTOMER, its rights and obligations under this Agreement in whole or in part to any
affiliated or associated company of Ameresco and its rights for payments under this
Agreement to any financial institution, lender or investor in connection with a leasing or
financing arrangement for the FIM(s). Ameresco shall notify CUSTOMER thirty (30)
days prior to any such assignment and CUSTOMER agrees to acknowledge receipt of
such notice within five (5) days.
SECTION 20 Waiver
Any waiver of any provision of this Agreement shall be in writing and shall be signed by a duly
authorized agent of Ameresco and CUSTOMER. The waiver by either Party of any term or
condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of
any further or future waiver of any additional right that such Party may be entitled to under this
Agreement.
SECTION 21 Force Majeure
If either Party shall be unable to carry out any material part of its obligations under this
Agreement, (except CUSTOMER's obligations to make payments when due), due to causes
beyond its control ( "Force Majeure"), including, but not limited to, an act of God, strikes,
lockouts or other industrial disturbances acts of public enemies orders or restraints of any kind of
the government of the United States or any state or any of their departments agencies or officials
or any other civil governmental, military or judicial authority, war, blockage, insurrection, riot,
sudden action of the elements, fire, explosion, flood, earthquake, storms, drought, landslide, or
explosion or nuclear emergency, this Agreement shall remain in effect but the affected Party's
obligations shall be suspended for a period equal to the disabling circumstances, provided that:
(a) the non - performing Party gives the other Party prompt written notice describing the
particulars of the event of Force Majeure, including but not limited to the nature of the
occurrence and its expected duration, and continues to furnish timely regular reports with
respect thereto during the period of Force Majeure;
(b) the suspension of performance is of no greater scope and of no longer duration than is
required by the event of Force Majeure;
(c) no obligations of either Party that arose before the event of Force Majeure causing the
suspension of performance are excused as a result of the event Force Majeure;
(d) the non - performing Party uses reasonable efforts to remedy its inability to perform; and
Confidential & Proprietary Information of Ameresco, Inc. 'I c) cc_6
Page 16
(e) the Term of this Agreement, as mutually agreed upon by CUSTOMER and Ameresco,
shall be extended for a period equal to the number of days that the event of Force
Majeure prevented the non - performing Party from performing.
Any decision by CUSTOMER to close or change the use of the facilities or FIM's at the Property
shall not constitute a Force Majeure excusing Customer's performance under this Agreement.
SECTION 22 Contract Documents
(a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments
shall constitute the entire Agreement between the Parties relating to the subject matter
hereof, and supersedes all proposals, previous agreements, discussions, correspondences,
and all other communications, whether oral or written, between the Parties relating to the
subject matter of this Agreement. In the case of any conflict between this Agreement and
the Attachments or any other document referred to in this Agreement, the provisions of
this Agreement shall control.
(b) This Agreement may not be modified or amended except in writing signed by the Parties.
(c) Headings are for the convenience of reference only and are not to be construed as a part
of the Agreement.
Confidential & Proprietary Information of Ameresco, Inc. ) Ubc�— ,
Page 17
SECTION 23 Notices
All notices, requests, demands, elections and other communications under this Agreement, other
than operational communications, shall be in writing and shall be deemed to have been duly given
on the date when hand- delivered, or on the date of the confirmed facsimile transmission, or on the
date received when delivered by courier that has a reliable system for tracking delivery, or six (6)
business days after the date of mailing when mailed by United States mail, registered or certified
mail, return receipt requested, postage prepaid. All notices shall be addressed to the following
individuals:
(a) If to CUSTOMER:
City of Hutchinson
I I IHassan St. NE
Hutchinson, MN 55350
Attention:
(b) If to Ameresco:
Ameresco, Inc.
1900 Spring Road, Suite 400
Oak Brook IL, 60523
Attention: Executive Vice President & General Manager, Central Region
With a copy to:
Ameresco, Inc.
111 Speen Street, Suite 410
Framingham, MA 0 170 1,
Attention: General Counsel
Either Party may from time to time change the individual(s) to receive notices and/or its address
for notification purposes by giving the other Party written notice as provided above.
SECTION 24 Records
To assist Ameresco in its performance of this Agreement, CUSTOMER shall (to the extent it has
not already done so) furnish (or cause its energy suppliers and transporters to furnish) to
Ameresco, upon its request, accurate and complete data (kept by CUSTOMER or CUSTOMER's
energy suppliers and transporters in the regular course of their respective businesses) concerning
energy usage for the existing facilities at the Property, including the following data for the most
current thirty-six (36) month period: utility records, occupancy information; descriptions of any
changes in building structure or heating, cooling or other systems or energy requirements;
descriptions of all energy consuming or saving equipment used on Property; descriptions of all
energy management procedures presently utilized. If requested by Ameresco, CUSTOMER shall
also provide any prior energy analyses of the Property, to the extent available.
SECTION 25 Representations and Warranties
Each Party warrants and represents to the other Party that:
Confidential & Proprietary Information of Ameresco, Inc.
Page IS
(a) It has all requisite power, authority, licenses, permits, and franchises, corporate or
otherwise, to execute and deliver this Agreement and perform its obligations hereunder;
(b) Its execution, delivery, and performance of this Agreement have been duly authorized by,
or are in accordance with, as to Ameresco, its organic instruments and, as to
CUSTOMER, by all requisite action and are not in breach of any applicable law, code or
regulation; this Agreement has been duly executed and delivered by the signatories so
authorized, and constitutes each Party's legal, valid and binding obligation;
(c) Its execution, delivery, and performance of this Agreement shall not result in a breach or
violation of, or constitute a material default under, any agreement, lease or instrument to
which it is a party or by which it or its Properties may be bound or affected; and
(d) It has not received any notice, nor to the best of its knowledge is there pending or
threatened any notice of any violation of any applicable laws, ordinances, regulations,
rules, decrees, awards, permits or orders which would materially adversely affect its
ability to perform hereunder;
(e) The persons executing this Agreement are fully authorized by law to do so; and
(f) In addition, CUSTOMER warrants and represents to Ameresco that CUSTOMER has
obtained or shall obtain all necessary governmental, legal, administrative and any other
approval necessary for it to enter into this Agreement.
SECTION 26 Independent Contractor
Nothing in this Agreement shall be construed as reserving to CUSTOMER any right to exercise
any control over or to direct in any respect the conduct or management of business or operations
of Ameresco. The entire control or direction of such business and operations shall be in and shall
remain in Ameresco, subject only to Ameresco's performance of its obligations under this
Agreement. Neither Ameresco nor any person performing any duties or engaged in any work on
the Property on behalf of Ameresco shall be deemed an employee or agent of CUSTOMER.
Nothing in this Section shall be deemed to be a waiver of CUSTOMER's right to use its Property.
CUSTOMER and Ameresco are independent of one another and shall have no other relationship
relating to or arising out of this Agreement. Neither Party shall have or hold itself out as having
the right or authority to bind or create liability for the other by its intentional or negligent act or
omission, or to make any contract or otherwise assume any obligation or responsibility in the
name of or on behalf of the other Party.
SECTION 27 Additional Representations and Warranties of Cus omer
CUSTOMER hereby warrants and represents to Ameresco that:
(a) CUSTOMER intends to continue to use the Property in a manner reasonably similar to its
present use;
(b) CUSTOMER does not contemplate any changes to the electrical and thermal
consumption characteristics of the Property except as may have been disclosed to
Confidential & Proprietary Information of Ameresco, Inc. � V �Q—)
Page 19
Ameresco by CUSTOMER in writing prior to the execution of this Agreement;
(c) CUSTOMER has provided Ameresco with all records heretofore requested by Ameresco;
and
(d) CUSTOMER has not entered into any other agreements or understandings for the
Property with persons or entities other than Ameresco regarding the provision of the
Scope of Services.
SECTION 28 Neelieent/Wroneful Acts
To the extent allowed by law, it is understood and agreed that neither Party to this Agreement
shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to
the other, unless such liability is imposed by law, and that this Agreement shall not be construed
as seeking to either enlarge or diminish any obligation or duty owed by one Party against the
other or against third parties.
SECTION 29 Further Documents and Events
The Parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement, in that regard, it being
understood and agreed that Ameresco covenants and agrees to execute or procure the execution of
all documents reasonably required to release any lien held by Ameresco or its assignees upon the
termination of this Agreement and payment of all amounts required to be paid by CUSTOMER to
Ameresco, pursuant to this Agreement.
It being further understood that CUSTOMER also agrees to execute all documents which may be
reasonably required for Ameresco to obtain all licenses, permits and governmental approvals
required by Ameresco for installation and operation of the FIM(s). Ameresco's obligations
hereunder are also subject to obtaining all such licenses, permits and governmental approvals as
are required to perform its obligations under this Agreement. CUSTOMER agrees that Ameresco
shall have the right to all environmental, energy, tax, financial, and electrical - related attributes,
rights, credits, deductions, benefits and characteristics associated with or arising out of the
transactions contemplated by this Agreement or associated with the FIMs or with the energy,
capacity or other electrical savings created under this Agreement, howsoever created or
recognized in the United States, any political subdivision thereof or any foreign jurisdiction (other
than dollar savings realized by CUSTOMER from reductions in CUSTOMER's energy use or
other operating costs). CUSTOMER shall provide Ameresco all reasonable assistance in
perfecting its rights to such attributes, rights, credits, benefits and characteristics. Ameresco's
obligations hereunder are subject to obtaining all such required licenses, permits and
governmental approvals.
Ameresco shall require that its contractors and subcontractors in connection with this Project pay
the rate of wages for workmen required for any work or construction to comply with the
Department of Labor for the state of Minnesota.
SECTION 30 Third Party Beneficiaries
Confidential & Proprietary Information of Ameresco, Inc. ' �u ( )
Page 20
Except as may be specifically provided for in this Agreement, the Parties hereto do not intend to
create any rights for, or grant any remedies to, any third party beneficiary of this Agreement.
SECTION 31 Notifications of Governmental Action - Occupational Safe and
Health
The Parties agree to notify each other as promptly as is reasonably possible upon becoming aware
of an inspection under, or any alleged violation of, the Occupational Safety and Health Act or any
other provision of federal, state or local law, relating in any way to the undertakings of either
Party under this Agreement.
SECTION 32 References
Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to
the referenced Attachment or Attachments which are attached to this Agreement and all such
referenced Attachments are incorporated by reference within this Agreement. All references
herein to a Section shall refer to a Section of this Agreement unless this Agreement specifically
provides otherwise.
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set
their hand on the date first written above with the intent to be legally bound.
CUSTOMER AMERESCO, INC.
Authorized Signature
Name:
Title:
Authorized Signature
Name:
Title:
Authorized Signature
Name:
Title:
Confidential & Proprietary Information of Ameresco, Inc.
Page 21
ATTACHMENT A
PROPERTY DESCRIPTION
The following buildings, facilities, and areas, which are owned and operated by CUSTOMER are
included in the Scope of Services set forth in Attachment B:
Airport
1700 Butler Field Dr SW
Hutchinson, MN 55350
City Center
111 Hassan St SE
Hutchinson, MN 55350
Civic Arena
900 Harrington St SW
Hutchinson, MN 55350
Creekside Compost
1500 Adams St SE
Hutchinson, MN 55350
Events Center
1005 Highway 15 S
Hutchinson, MN 55350
Fire Department
205 3rd Ave SE
Hutchinson, MN 55350
Hutchinson Area Transportation (HATS)
1400 Adams St SE
Hutchinson, MN 55350
Library
50 Hassan St SE
Hutchinson, MN 55350
Liquor Hutch
245 Washington Ave E
Hutchinson, MN 55350
Oakland Cemetery
805 Highway 15 S
Hutchinson, MN 55350
Parks Office and Shop
1100 Adams St SE
Hutchinson, MN 55350
Confidential & Proprietary Information of Ameresco, Inc. I o )
Page 22
P
Police Department
10 Franklin St SW
Hutchinson, MN 55350
Recreation Center
900 Harrington St SW
Hutchinson, MN 55350
Wastewater Treatment Facility
1300 Adams St SE
Hutchinson, MN 55350
Water Treatment Plant
439 Prospect St NE
Hutchinson, MN 55350
Confidential & Proprietary Information of Ameresco, Inc.
)1�)EP)
Page 23
ATTACHMENT B
SCOPE OF SERVICES
This Attachment sets forth a description of existing equipment and the Facility Improvement
Measures (FIMs), and related equipment to be installed by Ameresco at the buildings set forth in
Attachment A within the Property. The Scope of Services defined herein is predicated on the
terms and conditions of the Agreement and the following:
♦ Installation of the FIM(s) and the included equipment is subject to change if Ameresco
discovers unforeseen conditions at the Property that render its analysis of the Property
inaccurate, or significantly affect Ameresco's anticipated economic benefit or Annual
Guaranteed Savings. Any changes to the installation of the FIM(s) and the included
equipment are subject to approval of CUSTOMER, which approval shall not be unreasonably
withheld, conditioned or delayed.
• With the exception of lamps and ballasts removed as part of this project, handling or
abatement of any hazardous materials, including asbestos containing material, is excluded
from the Scope of Services.
The scope of work and associated costs are based on materials / equipment and sub-
contractors as noted (or submitted) to the City. Changes to these items may affect pricing of
the scope of work to the City.
♦ The Contract Cost set forth in the Agreement is based on 100% availability of rooms / areas /
systems to perform noted work scope during normal business hours. Overtime and off -hour
shifts (2nd shift and 3`d shift) are not included. During the construction period, Ameresco and
CUSTOMER will mutually develop and agree upon an implementation schedule which will
include scheduling for the retrofit work planned in each facility and area and the rooms/areas
or systems needed to perform noted work scope.
♦ The lighting scope includes only the locations and fixtures noted on associated schedule
(Attachment G, Exhibit 1). Not all spaces are being addressed as part of the lighting scope.
FIM FIM Description
City Wide
CW -1
Interior Lighting Improvements.
Wastewater Treatment
Plant TP
W WTP -3
VFD on the Rotors
Interior Lighting Improvements
Ameresco will be furnishing replacement of 32W T8 lamps with more efficient 28W T8 lamps.
In addition, Ameresco will de -lamp fixtures (i.e. reduce number of bulbs within a fixture) in
certain areas of the buildings. The 28W T8 lamps would use the existing instant start ballast.
In addition to the re- lamping of the buildings, occupancy sensors will be furnished for selective
areas. These occupancy sensors will provide automatic control of the lighting system that may be
turned on and off automatically.
New fixtures will be installed as indicated by the attached Lighting Survey & Audit (Attachment
G, Exhibit 1)
Airport
Confidential & Proprietary Information of Ameresco, Inc.
1 uG
Page 24
♦ Replace four 175W MH fixtures with 4' T8 lamps
♦ Clean and Relamp existing 4' and 8' 2 -lamp wall bracket fixtures to 28w T8
lamps. Total of 12 Lamps
♦ Install ceiling mounted Occupancy Sensor in Flight Planning room
♦ Install wall switch Occupancy Sensors in 3 bathrooms
♦ Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp
Fluorescent Hi -Bay fixtures. 16 units total.
City Center
♦ Replace 142 existing 2x2 — 3 lamp parabolic with new 2x2 — 3 lamp
F 17 /white parabolic fixture in existing locations.
♦ Clean and Relamp 99 existing 4' — 2 lamp strip / cove lighting fixtures. 128
lamps total.
♦ Relamp 20 existing incandescent downiights with 20w Par 30 CFL lamps.
♦ Replace 30 existing MH recessed cans downlight fixtures with 2 — 32 watt
CFL recessed cans.
♦ Install ceiling mounted Occupancy Sensors in Office and Conference Rooms.
Total of 19 sensors.
♦ Replace 12 existing Exit signs with new LED Exit sign fixtures.
♦ Relamp 46 existing incandescent recessed cans with 23 watt CFL Par 38
lamps.
♦ Clean and Relamp 19 existing 4' — I lamp strip / cove lighting fixtures.
• Relamp 2 existing 4' — 2 lamp Industrial fixtures with 28w ES T8 lamps.
Civic Arena
Main Ice Arena - Interior Building Lighting
Main Arena Entry — Replace 2 existing 4' -2 lamp T12 Vapor Tight fixtures
with new 4' -2 lamp T8 Vapor Tights in existing location
♦ Replace existing exit sign with new LED surface mount unit
♦ Hockey Lodge — Clean and Retrofit 6 existing 4' — 4 lamp T12 wraps to 28w
ES T8 lamps and Electronic Ballast. Install wall switch Occupancy Sensor.
• 2nd level Seating Area — Replace 2 existing 8' — 2 lamp T12 strips with new
8' — 4 lamp T8 units in existing location. Relamp 16 existing 8' -4 lamp T8
retrofitted strips fixtures on structure beams to 28w ES T8 lamps.
♦ Replace 26 existing 8' — 2 lamp T12 strips with new 8' — 4 lamp Vapor Tight
fixtures in existing locations. Typical of Arena Office, Concessions, Men's &
Women's Restrooms, 6 Locker Rooms, Workshop/Electrical Room and
Weight Room.
♦ Replace 2 existing 4' — 2 lamp T12 strips with new 4' — 2 lamp Vapor Tight
fixtures in existing locations. Typical of Arena Office entry and Locker
Room #3.
♦ Relamp 4 existing med base Jelly Jar fixtures with 25w CFL lamps. Typical
of Men's & Women's Restmoms and Locker Rooms #3 & #4.
♦ Clean and Relamp 17 existing 1x4 2 lamp recessed prismatic troffers in
Locker Room Corridor to 28%, ES T8 lamps. 34 total lamps.
Confidential & Proprietary Information of Ameresco, Inc. I v "`J
Page 25
♦ Install new 8' — 4 lamp T8 Vapor Tight fixtures in Mechanical / Storage
room next to Electrical room. Demo existing lighting.
♦ Install 10 (1 each location) wall switch Occupancy Sensors. Typical of Arena
Office, Concessions, Men's & Women's Restrooms and 6 Locker Rooms.
Zamboni Ice Equipment Room — Replace 4 existing 250w MH Low Bays
fixtures with 4 — 4' — 6 lamp T8 Vapor Tight fixtures in existing locations
♦ Compressor Room — Replace 5 existing 4' — 2 lamp T12 Industrial fixtures
with new 4' — 2 lamp T8 units in existing locations. Relamp 2 remaining 4' -
2 lamp fixtures with 28w ES T8 lamps.
West Ice Arena - Interior Building Lighting
♦ Replace 7 existing 8' — 2 lamp T12 / T8 strips with new 8' — 4 lamp Vapor
Tight fixtures in existing locations. Replace existing exterior 8' —2 lamp T12
Vapor Tight with new 8' — 4 lamp T8 Vapor Tight in existing location.
• Replace 3 existing Exit / Emergency Lighting Wall Packs with new LED
Exit/Emergency Lighting units in existing locations.
♦ Restrooms - Replace 4 existing 8' — 2 lamp T12 / T8 strips with new 8' — 4
lamp Vapor Tight fixtures in existing locations. Install wall switch
Occupancy Sensor.
♦ Replace existing 4' — 2 lamp T12 strip at restroom entry with new 4' — 2
lamp Vapor Tight fixture.
• Replace existing 4' — 2 lamp T12 strip at restroom entry with new 4' — 2
lamp Vapor Tight fixture.
♦ Replace existing 8' — 2 lamp T12 strips with new 8' — 4 lamp Vapor Tight
fixtures in existing locations. Install Wall Switch Occupancy Sensor. Typical
of four Locker Rooms.
Creekside Compost
Main Building - Office Area Lighting
Replace 10 existing 2x4 — 4 lamp prismatic troffer fixtures with new 2x4 — 3
lamp T8 prismatic troffer units.
Replace existing 4' — 2 lamp Industrial fixtures in Janitor/ Mech. Room with
new 4' — 2 lamp strip fixture in existing location. Install wall switch
Occupancy Sensor
Install ceiling mounted Occupancy Sensors in Office and Open Office. Total
of 2 sensors and power packs.
Garbage / Sort Bay
♦ Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp
Fluorescent Hi Bay fixtures in existing locations. 30 units total.
Bagging Building - Office Area Lighting
♦ Clean and Relamp 7 existing 4' - 2 lamp Prismatic Wrap fixtures with 28w
ES T8 lamps.
♦ Clean and Relamp 4 existing 4' - 4 lamp Prismatic Wrap fixtures in Office
with 28w ES T8 lamps Install wall switch Occupancy Sensor.
• Install wall switch Occupancy Sensor in Restroom.
♦ Relamp existing Restroom 3 lamp Vanity fixture with 20w CFL vanity
lamps.
Confidential & Proprietary Information of Ameresco, Inc. I Page 26 26 )
Bagging Bay
• Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp
Fluorescent Hi Bay fixtures in existing locations.
♦ Existing Cold Storage and Exterior 400w MH Hi bays to remain with no
work.
Events Center
♦ Clean and Relamp 123 existing 2x4 — 3 lamp Parabolic troffers.
♦ Clean and Relamp 38 existing 2x4 — 3 lamp Prismatic Lens troffers.
♦ Relamp 20 existing 4' — 2 lamp strips and htdustrial fixtures.
♦ Relamp 2 existing 8' — 4 lamp Industrial fixtures.
♦ Install wall switch Occupancy Sensors in Unisex Restroom and 2 dressing
rooms.
♦ Install ceiling mounted Occupancy Sensors in 2 Offices.
♦ Install 2 ceiling mounted Occupancy Sensors and one power pack to control
lighting in Men's and Women's Restrooms.
♦ All CFL downlights and Decorative Bowl fixtures to remain with no work.
Evergreen Dinning
• All 4' — 2 lamp surface mount cloud wrap fixtures to be cleaned and re-
lamped to 28w Energy Saving T8 lamps. 39 unit's total.
♦ Replace existing 4'— 2 lamp T12 continuous Prismatic Wrap fixtures with
new 4' -2 lamp T8 Prismatic Wrap units in Kitchen Area. 16 units total.
Install in same locations.
♦ Replace existing 4' — 2 lamp T12 prismatic wrap fixtures with new 4' - 2
lamp T8 units in Panty Area. 2 units total. Install in same locations.
♦ Clean and Relamp existing 8 lamp Vanity fixtures in Restrooms to med -base
CFL Vanity lamps. 2 fixtures total.
♦ Relamp existing med base socket in Janitors Closet with 25w CFL lamp.
♦ Install wall switch Occupancy Sensors in 2 bathrooms.
♦ Install wall switch Occupancy Sensors in 3 offices.
Fire Department
♦ Relamp existing incandescent vanity fixtures in restrooms with 9w CFL
lamp. 4 total.
♦ Replace existing 4' —2 lamp T12 surface Prismatic Wrap fixtures with new
4' -2 lamp T8 Surface Prismatic Troffer. 19 units total. Install in same
locations.
♦ Replace existing 4' —4 lamp T12 surface Prismatic Wrap fixtures with new
4' -3 lamp T8 Surface Prismatic Troffer. 1 units total. Install in same
locations.
♦ Replace existing 4'— 1 lamp T12 surface Prismatic Wrap fixtures with new
4' -2 lamp T8 Surface Prismatic Troffer. 2 units total. Install in same
locations.
♦ Replace existing emergency lighting with 2 head halogen emergency packs.
2 total.
Confidential & Proprietary Information of Ameresco, Inc.
Page 27
HATS
Clean and Re -lamp existing fixtures in Mechanical/Chemical/Air Rooms. 5
fixtures total.
City of Hutchinson Office Area Lighting
♦ Clean and Relamp 8 existing 2x4 — 2 lamp Prismatic lens troffers.
♦ Clean and Relamp 30 existing 2x4 — 3 lamp Prismatic lens troffers.
♦ Clean and Relamp 14 existing 2x4 — 3 lamp Parabolic troffers.
♦ hxstall ceiling mounted Occupancy Sensors in State Patrol Office and
Maintenance Office. Total of 4 sensors and power packs.
McCloud County Office Area Lighting
Clean and Relamp 42 existing 2x4 — 3 lamp Parabolic troffers. 126 lamps
total. Typical of all offices and open office areas.
♦ Clean and Relamp 4 existing 4' — 2 lamp Industrial fixture in HUB room.
• Clean and Relamp 1 existing 4'— 4 lamp Prismatic Wrap fixture in Storage
room.
Install ceiling mounted Occupancy Sensors in 6 offices. Total of 6 sensors
and power packs.
MnDOT Office Area Lighting
♦ Clean and Relamp 55 existing 2x4 — 3 lamp Parabolic troffers.
♦ Clean and Relamp 1 I existing 2x4 — 3 lamp Prismatic lens troffers.
♦ Clean and Relamp 1 existing 8'— 4 lamp Industrial fixture in Electrical
room.
• Install ceiling mounted Occupancy Sensors in 7 offices and conference
rooms. Total of 7 sensors and power packs.
Truck / Maintenance Bay
• Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp
Fluorescent Hi Bay fixtures in existing locations. 46 units total.
♦ Demo existing 8'— 4 lamp Industrial fixtures in center run of two truck bays.
Total of 10 fixtures.
• Replace existing 8'— 2 lamp and 4 lamp T12 Industrial shop fixtures with
new 8' — 4 lamp T8 Industrial Shop fixtures. Typical of 12 various locations
in Garage.
Replace existing 4' — 2 lamp T12 Industrial shop fixtures with new 4' — 2
lamp T8 Industrial Shop fixtures. Typical of 6 various locations in Garage.
♦ Replace existing Exit lighting and Emergency lighting wall pack with new
LED Exit and Emergency lighting combo unit. Typical of five locations.
♦ Demo existing HID wall pack with photo cell at Exit doors. Typical of 4
locations.
♦ Retrofit 19 existing 4' — 2 lamp T12 Industrial fixtures in Parts Dept. (both
levels) with 28w T8 lamp and .88bf ballast.
Retrofit 8 existing 4'— 2 lamp T12 Industrial fixtures with 28w T8 lamp and
.88bf ballast. Total of 16 lamps and 8 ballasts.
♦ Relamp 2 existing 8'— 4 lamp Industrials in Generator Room with 28w ES
T8 lamps. Total of 8 lamps.
Confidential & Proprietary Information of Ameresco, Inc. ) u Q,
Page 28
♦ Replace existing 4'— 2 lamp Vapor Tight in Wash area with new 4'— 2 lamp
Vapor Tight fixture.
♦ Replace 4 — 300w Halogen Floodlights in Truck Wash Area with 150w
Induction Wall Packs.
Library
♦ Relamp existing 4' — 2 lamp fixtures with new 4' lamps. 159 units total.
♦ Relamp and reballast existing 4' — 2 lamp fixtures with new 4' lamps and
ballast. 3 units total.
♦ Relamp and reballast existing 4' — 3 lamp fixtures with new 4' lamps and
ballast. 9 units total.
♦ Relamp existing 100watt medium base A -lamp fixtures with 20w CFL
dimmable. l unit total.
♦ Relamp existing 100watt medium base A -lamp fixtures with 25w CFL. 7
units total.
Liquor Hutch
♦ Clean and Relamp 28 existing 4' — 2 lamp suspended strip fixtures.
♦ Clean and Relamp 13 existing 4' — 2 lamp T8 Vapor tight cooler fixtures.
♦ Replace 5 existing 8' — 2 lamp F96T12 fixtures in rear stock area with 8' — 4
lamp T8 Industrial Strip fixtures. Install at existing location and mounting
height.
♦ Existing 2x2 parabolic fixtures to remain with no work.
♦ Replace 20 existing 6 lamp CFL HiBay fixtures with new 4'— 4 lamp T8HO
fluorescent HiBay fixtures.
♦ Clean and Relamp 9 existing 2x4 — 3 lamp Parabolic troffers.
Oakland Cemetery
Interior Office Area Lighting
♦ All 2x4 -4 lamp and 2x4 -3 lamp recessed prismatic troffers are to be cleaned
and re- lamped to 28w Energy Saving T8 lamps.
♦ Relamp existing 4'-2 lamp strip fixture in Mech. Room to 28w Energy
Saving T8 lamps.
♦ Install wall switch Occupancy Sensors in bathroom.
♦ Install 2 ceiling mounted Occupancy Sensor in offices
Garage Area Lighting
♦ All 8' -4 lamp T8 surface mounted strip fixtures are to be re- lamped to 28w
Energy Saving T8 lamps. 12 — 8' 4L fixtures.
Chapel Area Lighting
♦ Relamp 5 existing med base incandescent fixtures in basement area to 25w
CFL lamps.
♦ Retrofit 8 existing 4'— 21amp T12 strips to 28w ES - T8 lamps and .88bf
ballast.
♦ Clean and Relamp 4 decorative pendants in Chapel to 25w CFL lamps.
♦ Clean and Relamp 8 decorative wall sconces in Chapel to 13w CFL lamps.
Confidential & Proprietary Information of Ameresco, Inc. 1 U J
Page 29
♦ Clean and Relamp 5 existing 4' -2 lamp prismatic wrap fixtures in Chapel
Foyer area to 28w Energy Saving T8 lamps.
Park Offices and Shops
• Relamp 6 existing 4'-2 lamp T8 Prismatic Wrap fixtures to 28w Energy
Saving T8 lamps.
♦ Install wall switch Occupancy Sensors in Restroom.
♦ Replace 5 existing 4'— 2 lamp T12 Prismatic wrap fixtures with new 4'— 2
lamp T8 Prismatic Wrap fixtures in front two Office areas.
♦ Relamp existing 8' - 2 lamp surface incandescent fixture in Furnace Room
to 13w CFL lamps.
Garage Area Lighting
♦ All 8' -4 lamp T8 surface / suspended mounted strip fixtures are to be re-
lamped to 28w Energy Saving T8 lamps.
Police Department
Interior Office Area Lighting — Main Level
♦ Replace existing T12 tube indirect fixture in entry with new 12'— 3 lamp T8
direct / indirect fixture. Suspend at existing height.
♦ Replace 20 existing 2x4 — 4 lamp surface honeycomb troffer fixtures with
new surface mount 2x4 — 3 lamp T8 Prismatic Lens fixtures in existing
locations. Typical of 1 Open Office and 4 Private Office areas.
♦ Relamp 4 — recessed 4 lamp fixtures in Dispatch Office to 28w ES T8 lamps.
♦ Clean and Relamp 48 existing 4' — 2 lamp recessed or surface mount
prismatic troffer fixtures.
♦ Clean and Relamp 4 existing 4'— 2 lamp Restroom Vanity fixtures. Typical
of 3 restrooms. Install wall switch Occupancy Sensor. Typical of 3 locations.
♦ Clean and Relamp 6 existing 4' — 2 lamp Security fixtures. Typical of 3
Holding Cells.
♦ Relamp 6 — 4' — 2 lamp surface mounted strips in garage area with 28w ES
T8 lamps.
Interior Office Area Lighting — Lower Level
♦ Clean and Retrofit 15 existing 2x4 4 lamp recessed prismatic troffers to 3
lamps fixtures using delamping - retrofit kits.
♦ Clean and Relamp 21 existing 4'— 2 lamp recessed or surface mount
prismatic troffer fixtures.
♦ Relamp 13 existing 4' — 2 lamp strips fixtures to 28w ES T8 lamps. Typical
of Mech and Storage areas.
♦ Clean and Relamp 4 existing 4' — 2 lamp Restroom / Locker room Vanity
fixtures.
Squad Car Garage Area Lighting
♦ All 8' -4 lamp T8 surface / suspended mounted strip fixtures are to be re —
lamped to 28w Energy Saving T8 lamps. 19 — 8' -41, fixtures.
♦ Clean and Relamp existing 4'— 2 lamp Prismatic Wrap fixture in Restroom
with 28w ES T8 lamps.
EOC / Training Area Lighting ( \
Confidential & Proprietary Information of Ameresco, Inc. C) ` J
Page 30
• Replace 15 existing 8' —2 lamp T12 strip/ Industrial fixtures with new 8'-4
lamp T8 fixtures in existing locations.
• Clean and Relamp existing 4' - 2 lamp and 4 lamp Prismatic Wrap fixtures to
28w ES T8 lamps. Typical of 40 locations.
• Clean and Relamp 4 existing 4 lamp prismatic troffer fixtures in Training
Room to 28w ES T8 lamps.
♦ Relamp 23 existing 75w Incandescent recessed cans fixtures to 23w
Dimmable CFL lamps.
• Relamp 4 existing 75w Track head fixtures to 23w Dimmable CFL lamps.
• Relamp 2 existing 8' — 2 lamp strip fixtures to 28w ES T8 lamps in Armory
room.
• Relamp 2 existing 8' —4 lamp strip fixtures in Training breakroom to 28w
ES T8 lamps.
Recreation Center
Recreation Center - Interior Building Lighting
Open Lobby and Entry areas — Replace existing open RLM fixtures with new
12' 3 lamp T8 direct / indirect suspended fixtures. Typical of 11 fixture
locations.
Recreation Center Offices
• Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8
parabolic troffer unit in existing location. Typical of 30 fixtures.
• Install 2 new ceiling mounted Occupancy Sensors control Open Office
lighting.
♦ Install new wall switch Occupancy Sensor in each office. Typical of 5
offices.
♦ Gym Area corridor — Replace existing 2x2 prismatic troffer fixtures with new
2x2 — 3 lamp T8 parabolic troffer unit in existing location.
• Restroom — Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3
lamp T8 prismatic troffer unit in existing flanged location. Install wall switch
Occupancy Sensor.
• Mech. / Storage Room — Retrofit existing 4' — 2 lamp strips to T8 lamps and
.88bf ballast. 16 lamps / 8 ballast total. Maintain existing controls.
♦ Concessions Room - Replace existing 2x2 prismatic troffer fixtures with new
2x2 — 3 lamp T8 prismatic troffer unit in existing location. Typical of 8
fixtures. Install wall switch Occupancy Sensor.
♦ Towel room - Retrofit existing 4' — 2 lamp strips to T8 lamps and .88bf
ballast. 8 lamps / 4 ballast total. Install wall switch Occupancy Sensor.
• Locker Room — Clean and Retrofit existing 1x4 — 2 lamp recessed flanged
troffer to T8 lamps and .88bf ballast. Replaced existing surface med base
circular fixture with new surface CFL ceiling circular fixture. Replace
existing 4' — 2 lamp Vapor Tight fixtures with new 4' — 2 lamp T8 Vapor
Tight fixtures. Relamp recessed shower light fixtures to 20w CFL med base
lamp. Replace existing Exit signs with new LED Exit light fixtures. Relamp
Locker Room janitor closet to 25w CFL med base lamp.
Confidential & Proprietary Information of Ameresco, Inc.
Page 31
♦ Locker Room Entry - Replace existing 2x2 prismatic troffer fixtures with
new 2x2 — 3 lamp T8 parabolic troffer unit in existing location. Typical of 2
fixtures.
♦ Locker / Concessions Room - Replace existing 2x2 prismatic troffer fixtures
with new 2x2 — 3 lamp T8 prismatic troffer unit in existing location. Install
wall switch Occupancy Sensor.
♦ Pool Concessions — Replace existing 4' — 2 lamp Vapor Tight fixtures with
new 4' — 2 lamp T8 Vapor Tight fixtures. Install wall switch Occupancy
Sensor.
♦ Elec. / Storage Room — Retrofit existing 4' — 2 lamp strips to T8 lamps and
.88bf ballast.
Exterior Parking Lot lighting
♦ Replace 6 existing 12' decorative poles and fixture heads with new 18' —
single 250w MH fixture assembly. Reuse existing base and wiring. Maintain
existing controls.
♦ Replace existing 12" square 150w MH surface fixture at 2 entries with new
surface mount 70w PSMH fixture.
Water Treatment Plant
♦ Clean and Relamp existing fixtures in the office are to 28W T8
♦ Install wall switch Occupancy Sensors in Storage Room and Men's and
Women's Restrooms.
♦ Install ceiling mounted Occupancy Sensors in Supervisors Office, Lab
Room, and Lunch Room.
Waste Water Treatment Plant
Wastewater Treatment Office Lighting
♦ Clean and Relamp existing fixtures to 28W T8
♦ Install wall switch Occupancy Sensors in 3 Restrooms, 2 Locker Rooms,
Office Storage room and Shop Storage Room.
♦ Install ceiling mounted Occupancy Sensors in 2 - Front Offices, 2 -
Training/Break rooms and 2 - Maintenance Offices.
♦ Install 2 ceiling mounted Occupancy Sensors and 1 power pack to control
existing lighting in open office area.
♦ Install 2 - cold temp rated wall mount Occupancy Sensors in each Vehicle
Garage Area.
Treatment Building 30
♦ Clean and Relamp 4 existing 4' - 2 lamp T8 Industrial fixtures in Electrical
Room. 8 lamps total. Maintain existing controls.
♦ Replace existing wall pack over double doors. Install new 70w HPS full cut-
off wall pack with photo sensor in existing location.
Treatment Building 50 — 100 / 200 / 300
♦ Replace existing wall packs over double doors at each end of building. Install
new 70w UPS full cut -off wall pack with photo sensor in existing location.
Typical of 3 buildings, 6 total fixtures.
Treatment Building 60
Confidential & Proprietary Information of Ameresco, Inc. N aC12)
Page 32
♦ Replace 4 existing 4'- 2 lamp T12 Industrial fixtures on Upper Level with
new 4'— 2 lamp T8 Industrial fixtures in existing locations.
♦ Replace existing 4' -2 lamp TI wall bracket fixtures at stair landing with
new 4' — 2 lamp T8 Vapor Tight fixture in existing location.
♦ Replace 7 150w HPS Low Bay fixtures in Lower Level with 4' — 4 lamp T8
HO Fluorescent Vapor Tight fixtures. Install at same height and location.
♦ Replace existing wall packs around exterior of building. Install new 70w
HPS full cut -off wall pack with photo sensor in existing locations. Total of 4.
Treatment Building 80
♦ Replace 15 existing 4' — 2 lamp T12 wall bracket and vapor tight fixtures
with new 4' — 2 lamp T8 Vapor Tight fixtures in existing locations.
Treatment Building MBR
♦ Replace 4 - 150w MH Low Bay fixtures in Lower Level with 4' — 4 lamp T8
HO Fluorescent Vapor Tight fixtures — Fixture on 24/7.
♦ Clean and Relamp 6 existing 4' — 2 lamp T8 Vapor Tight fixtures.
♦ Replace 1 - 150w MH Low Bay fixtures in Compressor Room with 4' — 4
lamp T8 HO Fluorescent Vapor Tight fixtures — Fixture on 24/7.
♦ Replace 3 2' T8 fixtures with 4' — 2 lamp T8 Fluorescent fixtures. Install at
same height and location.
Treatment Building 100
♦ Clean and Relamp 4 existing 4'- 2 lamp T8 Industrial fixtures.
Treatment Building 90
♦ Replace existing 4' - 2 lamp T12 wall bracket and Industrial fixtures with
new 4'— 2 lamp T8 Vapor Tight fixtures in existing locations.
♦ Replace existing Exit Signs with new LED Exit signs. Total of 3
units/locations.
The lighting system improvements include re- tamping, retrofit or replacement of existing fixtures
as noted in Section G. The exact quantities and locations are as noted in Section G, Exhibit 1.
The scope includes improvements of the noted fixtures only and does not address or includes any
fix -up / upgrade / replacement of existing wiring, switching, conduits, hangers, etc. If items are
found to be in need of repair or replacement — this is not included in the scope of services and
associated costing.
Variable Speed Drives (VFD) on the Rotors
The existing rotors for the aeration process do not have VFDs on them. The system is turned on
and off based on the amount of flow into the plant. There are currently several motors and rotors,
but most of the time only two are running at one time, and they turn on and off during the day.
♦ Install two 60 HP Variable Speed Drives
♦ Connect to the existing Process Control System
Confidential & Proprietary Information of Ameresco, Inc.
1 D Lam_
Page 33
ATTACHMENT C
GUARANTEE OF SAVINGS
SAVINGS GUARANTEE
The aggregate amount of cumulative Documented Savings (as such term is defined below and as
determined in accordance with the measurement and verification plan set forth in Attachment D),
shall equal or exceed Two Hundred Thirty-six Thousand Sixty ($236,060.00) Dollars over the
Term (the "Guarantee Amount'). The Guarantee Amount has been calculated by subtracting the
amount of the grants the Customer expects to receive from the State of Minnesota from the
Contract Cost.
The "Annual Guaranteed Savings Amount" is: Thirty Two Thousand Five Hundred
Seventy One and 00 /100 Dollars ($32,571.00).
The Annual Guaranteed Savings Amount is made up of two (2) savings components:
1. Energy Savings; and
2. Repair & Maintenance Savings.
Ameresco guarantees that the Annual Guaranteed Savings Amount will be achieved by operation
and beneficial use of all FIMs taken in the aggregate, but does not guarantee the savings amount
achieved by each individual FIM.
Ameresco's obligations in respect of this Guarantee are subject to CUSTOMER performing all of
its maintenance and other obligations under this Agreement that may affect achievement of the
Annual Guaranteed Savings Amount. In the event that CUSTOMER fails to perform its
obligations under this Agreement or interferes with, or permits any third party to take any action
which, in the reasonable opinion of Ameresco, may prevent the achievement of the Annual
Guaranteed Savings Amount under this Agreement, Ameresco may, after providing CUSTOMER
thirty (30) days advance notice, adjust the Annual Guaranteed Savings Amount during the period
in which such savings were affected to reflect the impact such actions had on same. Ameresco's
rights set forth in this Attachment C shall not be in limitation of any other rights it is entitled to by
law and under this Agreement.
TERMS OF GUARANTEE
Subject to the terms and conditions set forth in this Agreement, Ameresco guarantees that the
Documented Savings shall equal or exceed the Annual Guaranteed Savings Amount set forth
above for each Guarantee Year during the Term (as defined in Section 5 by reference to the
Guarantee Period) until the cumulative Documented Savings over the Term equals the Guarantee
Amount (the "Guarantee Period').
The first Guarantee Year shall be the consecutive twelve (12) month period beginning with the
first day of the month following the date of the final Delivery and Acceptance Certificate. The
Guarantee Period, or Tenn, as the case may be, shall terminate upon the first to occur of (i) the
fifteenth anniversary of the date of the final Delivery and Acceptance Certificate or (ii) the date
on which the cumulative Documented Savings equals the Guarantee Amount.
Confidential & Proprietary Information of Ameresco, Inc. ) b `CJ
Page 34
REVIEW OF GUARANTEED SAVINGS CALCULATIONS
CUSTOMER has reviewed the Annual Guaranteed Savings Amount calculations and
methodologies in Attachment G and finds that the calculations and assumptions used for
calculation of the Annual Guaranteed Savings Amount should result in achievement of the
Annual Guaranteed Savings Amount.
SAVINGS AUDIT PROCEDURE
A measurement and verification plan is set forth in the Delivery and Acceptance Certificate in
Attachment D. The total savings achieved by the combined individual savings measures,
including any "Stipulated Savings" as such term is defined in Attachment D, shall be deemed the
total "Documented Savings ". The Annual Guaranteed Savings Amount shall be deemed achieved
when the Delivery and Acceptance Certificate is executed by CUSTOMER.
RECONCILIATION
Measurements shall be completed and Documented Savings determined as described in
Attachment D, the Delivery and Acceptance Certificate, upon completion of installation of the
FIM(s).
If upon completion of the Measurement and Verification set forth in Attachment D, the Annual
Guaranteed Savings Amount is not achieved at the end of the first guarantee year, Ameresco shall
pay CUSTOMER the amount by which the Annual Guaranteed Savings Amount exceeds the
Documented Savings and may, at Ameresco's sole expense and discretion, including the cost of
any required energy auditing, elect one of the following alternatives:
(a) Install additional FIM(s), or modifications that are mutually agreed to by
CUSTOMER in order to achieve the Annual Guaranteed Savings Amount, or
(b) Pay CUSTOMER the amount by which the Annual Guaranteed Savings Amount
exceeds the Documented Savings at the end of each Guarantee Year.
Stipulated Savings shall not be measured or audited. These savings have been negotiated and
agreed upon by Ameresco and CUSTOMER and are stipulated as set forth in Attachment D,
Delivery and Acceptance Certificate. Ameresco and CUSTOMER agree that the Stipulated
Savings are deemed satisfied for the Term of this Agreement, upon installation of the FIM(s).
Confidential & Proprietary Information of Ameresco, Inc. I G G9`)
Page 35
ATTACHMENT D
DELIVERY AND ACCEPTANCE CERTIFICATE
This Attachment summarizes the results of the Measurement and Verification process for Projects
implemented by Ameresco for CUSTOMER. The Annual Guaranteed Savings Amount is:
Annual Energy Savings $29,871
Annual Repair & Maintenance Savings $2.700
Annual Guaranteed Savings Amount $32,571
ENERGY SAVINGS
Ameresco guarantees the energy units saved (kWh, therms, gallons, etc) and not the dollar value
associated with these savings as the customer's utility rates may change over time depending on
purchasing ability, future contracts, etc. The utility rates notes in Table Dl below were used to
calculate the energy cost savings in U.S. Dollars associated with the energy units saved for the
purpose of this Agreement. CUSTOMER acknowledges that the utility rates set forth in Table
Dl are reasonable and shall be used throughout the Term of the Guarantee Period in determining
Documented Savings for purposes of the Guarantee.
The method of verification of savings varies for each energy savings measure implemented. Table
D1 summarizes the baseline utility rates, Table Dl -A summarizes the baseline utility usage by
month, and Table D2 summarizes the verification procedures used to determine documented
savings associated with the project throughout the guarantee period.
Table D1
Facility
Electric Rate..
Electric
Rate c.
KW
Airport
$
0.0744
$
6.00
City Center
$
0.0743
$
6.00
Civic Arena
$
0.0743
$
6.00
Compost
$
0.0741
$
6.00
Events
$
0.0743
$
6.00
Evergreen
$
0.0908
Fire
$
0.0927
HATS
$
0.0771
$
6.00
Lib
$
0.0742
$
6.00
Liquor Hutch
$
0.0814
$
6.00
Oakland Cemetery
$
0.0993
Parks Offices
$
0.0949
Police
$
0.0790
Rec Center
$
0.0742
$
6.00
WWTP
$
0.0743
$
6.00
Water Treatment Plant
$
0.0743
$
6.00
Confidential & Proprietary Information of Ameresco, Inc.
C) GO)
Page 36
Table D1 -A
Table D2
Sarin CateQ4
Etacpice
4^
kWIF`
ECiChkek
kV..
Jan -09
589,828
1,422
Feb-09
632,677
1531
Mar -09
587,417
1 672
Apr-09
596,376
1,408
Ma 09
424,912
1.026
Jun -09
534,644
1,311
Jul -09
550,807
1,258
Aug-09
485,199
1,261
Sep-09
511,694
1,261
Oct -09
604,543
1,323
Nov-09
542,143
1,298
Dec-09
645,588
1,402
TOTAL
6,705 828
16,170
Table D2
Sarin CateQ4
Verificatiors
Method A: Partially Measured Retrofit Isolation with Agreed To
Interior Lighting Improvements
Values.
CW -1
The power (Watts) of the existing fixtures and the power (Watts) of
the retrofit fixtures will be measured. The power (Watts) of
approximately 5% of the fixtures will be measured. Power (Watt)
measurements will be performed with a handheld true -RMS meter.
Where applicable, the measurements will be performed at a wall
switch or at a circuit breaker. If it is not possible to isolate the fixtures
on one switch then measurements will be performed at the individual
fixture. A comparison will then be determined between the proposed
and actual pre and post retrofit values. All other parameters are
stipulated and savings are calculated as summarized in Attachment G.
Post installation measurement will be performed one -time prior to
delivery and acceptance and the measured values will be used for all
calculations throughout the Guarantee Period.
Method A: Partially Measured Retrofit Isolation with Agreed To
VFD on the Rotors
Values.
WWTP -3
Existing SCADA shall provide actual trend data for equipment
runtime, average VFD speed, and other equipment operation
parameters. Post installation measurement will be performed one -time
for a period of one month prior to delivery and acceptance and the
measured values will be used for all calculations throughout the
Guarantee Period. Ameresco reserves the right to use a new one month
trend data period if it is determined the initial one month trend data
period occurred during a higher than average flow period. All other
parameters are stipulated and savings are calculated as summarized in
Attachment G.
Confidential & Proprietary Information of Ameresco, Inc. I U Cam)
Page 37
Repair & Maintenance Savings All Repair and Maintenance Savings are agreed to and based on
calculations and assumptions summarized in Attachment G.
No measurement is performed.
Stipulated Enerev Savings
The Annual Energy Savings identified in the table D3 below are Stipulated Savings documented
by the calculations and methodologies described in Appendix G. CUSTOMER agrees that the
Stipulated Savings are deemed satisfied upon installation of the related FIMs and the Stipulated
Savings shall not be measured or audited.
Table D3
Description
Stipulated Energy
Savin
CW -1: Interior Lighting Improvements
$0
W WTP -3: VFD on the Rotors
$0
Total Annual Stipulated Energy Savings
$0
Calculation of Annual Energy Savings Deviation
Item D -1
(D- l)Total Guaranteed Energy Savings
Item D-2
(D- 2)Total Measured Energy Savings
Item D -3
(D- 3)Total Stipulated Energy Savings
Item D -4 (D -4 = D-2 plus D-3)
(D4)Total Actual Energy Savings
Item D -5 (D -5 = D-4 minus D -1)
(D -5) Savings Deviation
$ $29.871
If the Savings Deviation (Item D -5) is greater than or equal to zero, the Annual Guaranteed
Savings Amount shall be deemed satisfied for the Guarantee Period. If the Savings Deviation
(Item D -5) is negative it shall be deemed the annual shortfall. The annual shortfall for the first
year shall be considered the annual shortfall for the following years until completion of the Scope
of Services. Ameresco shall pay CUSTOMER the Savings Deviation (Item D-5 in Exhibit D)
amount each year until the guarantee period is complete, or at Ameresco's discretion, shall install
additional FIM(s), or make other changes agreed to by CUSTOMER, at Ameresco's cost, in order
Confidential & Proprietary Information of Ameresco, Inc. I C (D)
Page 38
to achieve the Annual Guaranteed Savings Amount as set forth in the Agreement.
Date completed
Confidential & Proprietary Information of Ameresco, Inc. ) (Ja)
Page 39
REPAIR & MAINTENANCE SAVINGS
The Annual Repair & Maintenance Savings identified in the table below are Stipulated Savings
documented by the calculations and methodologies described in Attachment G. CUSTOMER
agrees that the Stipulated Savings are deemed satisfied upon installation of the related FIMs and
the Stipulated Savings shall not be measured or audited.
Description
Stipulated Repair
FIM CW -l: Interior Lighting Improvements
& Maintenance
FIM W WTP -3: VFD on the Rotors
Savings
CW -1: Interior Lighting Improvements
$2,700
Total Annual Stipulated Operational Savings
$2,700
PROJECT COMPLETION LOG
Table D4
Sub-project Tasks
Completion Date
FIM CW -l: Interior Lighting Improvements
FIM W WTP -3: VFD on the Rotors
Notes (special instructions etc.):
Items furnished to CUSTOMER upon accepting this Delivery and Acceptance Certificate:
❑ Receipt of owner's manuals; sets.
❑ Receipt of instruction and training;
❑ Completion of inspection and walk - through.
❑ Receipt of warranty information.
The aforementioned Project is hereby completed to the standards set forth in the Agreement
denoted above and to the satisfaction of CUSTOMER.
CUSTOMER By: Title: Date:
CUSTOMER accepts the pre- and post- construction savings measurements as set forth in the
Delivery and Acceptance Certificate and agrees that all Guaranteed Savings have been satisfied
and that the Work identified in Attachment B is complete.
Confidential & Proprietary Information of Ameresco, Inc. ' d < <�,-)
Page 40
CUSTOMER assumes possession thereof on
CUSTOMER I By: I Title: I Date: I
Note: The Ameresco Project Manager may modify this project completion log to allow for the
sign -off and turn-over of individual FM work scope items as they are completed rather than
waiting until entire project is 100% complete.
Confidential & Proprietary Information of Ameresco, Inc.
Page 41
ATTACHMENT D u
PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE
Customer hereby acknowledges receipt and acceptance of the portion of the Facility
Improvement Measure (the "FIM ") described in Attachment B to the Energy Services Agreement
(the "Agreement ") dated , 2010 between Customer and Ameresco.
Customer certifies that the work described in the related application for payment submitted by
Ameresco has been completed in accordance with the Agreement and that the FIM(s) are _
percent complete, as substantiated by sufficient detail provided by Ameresco. Customer agrees to
make payment to Ameresco as set forth in Section 4 of the Agreement.
Date Accepted by Customer:
Accepted for: CITY OF HUTCHINSON
Accepted by:
Name:
Title:
ACKNOWLEDGMENT OF AMERESCO
Ameresco hereby acknowledges that the total amount due based upon percent complete for the
FIM's described in Attachment B, and the Notice to Proceed, hereto is $
Date Accepted by Ameresco:
Accepted for: AMERESCO, INC.
Accepted by:
Name:
Title:
Confidential & Proprietary Information of Ameresco, Inc.
ice- c)
Page 42
ATTACHMENT D (2)
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NAME & ADDRESS: PROJECT NO.:
CONTRACT DATE:
DESCRIPTION:
The installation of [list each FIM being accepted with this certifta ] under the Agreement has/have been
reviewed and found to be substantially complete. The date of Substantial Completion of the forgoing
FIM(s) is hereby established as:
SUBSTANTIAL COMPLETION
The date of Substantial Completion of an FIM is the date certified by Customer when such FIM is
sufficiently complete in accordance with the Agreement so that Customer derives beneficial use
thereof.
The Substantial Completion date set forth above is the date of commencement of applicable warranties for
such FIM(s), as required by the Agreement. A list of items to be completed or corrected is identified below
as punchlist items. The failure to include any items on such punchlist does not alter the responsibility of
Ameresco to complete all work in accordance with the Agreement.
CONTRACTOR: Ameresco, Inc., 111 Speen Street, Suite 410, Framingham, Massachusetts 01701
AUTHORIZED
I�l dIA
(type or print)
CUSTOMER: [CUSTOMER [ADDRESS[
DATE:
AUTHORIZED DATE:
NAME:
(type or print)
Attach additional page(s) as necessary. Number of pages attached
Confidential & Proprietary Information of Ameresco, htc.
Page 43
ATTACHMENT E
NOTICE TO PROCEED
2010
Executive Vice President and General Manager - Midwest Region
Ameresco, Inc.
1900 Spring Road, Suite 400
Oak Brook IL 60523
SUBJECT: NOTICE TO PROCEED
To Whom It May Concern:
In accordance with the terms of our Energy Services Agreement dated ' 2010,
City of Hutchinson hereby confirms that it has received grants and has other funds available to
pay the Contract Cost in accordance with the Agreement and hereby issues this Notice to
Proceed to Ameresco pursuant to Section 4 of the Agreement.
Sincerely,
City of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
Signature
Print Name
Title
Confidential & Proprietary Information of Ameresco, Inc.
Page 44
ATTACHMENT F
CHANGE ORDER FORM
(Request & Agreement for change in Plans and/or Specifications and/or Contract)
Change Request No.:
Customer:
Department:
Project No.: Contract No.: Site:
Title:
1. REQUEST Date:
(a) Requested by:
(b) Description of change:
11. AMERESCO'S AGREEMENT
For all costs involved in this change including extensions of time herein requested Ameresco proposes to
perform the work described in accordance with the provisions of the subject Agreement and certifies that
the attached cost data is accurate, complete and current, and mathematically correct.
Payment shall be made on the basis of.
(_)(a) Predetermined lump sum total of: (add) (deduct)
(__)(b) Lump sum "not -to- exceed ": (add) (deduct)
(Max. price based on contract or negotiated unit prices)
(_xc) Time & Material Basis "not -to- exceed ": (add) (deduct)
(Computed in accordance with provisions of the Contract)
Place an "X" beside selected proposal method and strike out either (add) or (deduct) whichever does not
apply. If necessary, attach detailed estimates and breakdown for above in accordance with change order
instruction. A claim for work performed under protest shall be submitted per (c) above.
An extension of contract time of calendar days to
Ameresco: by: Date:_
(name and title) (signature)
CUSTOMER APPROVAL: Date:
Contract Award
Customer Previous Deductions
Previous Deductions
Net Total
By_ This Change
Total
Title:
is requested.
S
S
S
S
a
a
Confidential & Proprietary Information of Ameresco, Inc. I '-<L)
Page 45
ATTACHMENT G
METHODOLOGY OF CALCULATING SAVINGS
The methodology used for projecting savings resulting from the implementation of the project is
summarized in the following equation:
Total Annual Savings = Annual Energy Savings + Annual Maintenance & Repair Savings +
Long Term Operational Savings
Where:
Total Annual Savings = The total annual savings associated with implementation of the
project.
Annual Energy Savings = The total annual savings associated with reduction in energy and
utility consumption as a result of implementation of the project.
Annual Maintenance & The total annual savings associated with reduction in operations,
maintenance
Repair Savings = and repair related expenses, including the reduction in deferred
maintenance liability, as a result of implementation of the project.
Long Term Operational The total annual savings resulting from capital replacement
expenditures that are offset by the City as a result of implementation
Savings = of the project.
Measurement and Verification (M &V) involves two components: (l) verifying the ability of the
project to generate all the projected savings; and (2) measuring actual performance of the project
against the established baseline(s). These baselines are developed from a rigorously derived end -
use analysis and historical energy consumption data.
There are a variety of ways to accomplish the two primary M &V tasks. Techniques range from
stipulating all factors affecting Facility Improvement Measure (I" performance to installing
extensive, highly accurate metering systems. When deciding the appropriate level of
sophistication for a particular plan, factors such as complexity of the measure, expected
magnitude of savings from the measure, and the customer's aversion to risk all weigh upon the
decision. In an effort to aid agencies in gaining an understanding of measurement and
verification, an international guideline was established.
Ameresco bases all of its site - specific measurement and verification plans on the International
Performance Measurement and Verification Protocol (IPMVP). The general approach to
determining energy savings in these plans involves comparing the energy use associated with a
facility, or certain energy consuming systems within a facility, before installation of the FIM
(baseline) and after installation of the FIM (post - installation). In general:
Energy Savings = Baseline Energy Use) — Post Installation Energy Use)
Confidential & Proprietary Information of Ameresco, Inc. + G Lam,
Page 46
Energy Cost Savings
The Annual Energy Savings are calculated as set forth herein. The following table is a summary
table. Note that the total calculated energy savings set forth in this Attachment G is
projected to be greater than the annual energy savings included in the total Annual
Guaranteed Savings Amount.
Energy Savings Summary:
`; DescsiM
Interior Lighting
I WWTP -3 I VFD on the Rotors 1 100,135 1$ 7,436 1 1 1
Confidential & Proprietary Information of Ameresco, Inc.
Page 47
Calculation of Savings From Non - Lighting FIMs (Non- Lighting Savings)
VFD on the Rotors tWWTP -31
Waste Water Treatment Plant
Rotors VFD Addition
Energy Calculations - Variable Frequency Drives Optimization
513.112
Year
Hours
Old Pump
Total Total % Flow % Flow
Hp kW Exist
BASELINE
Pump Energy
KWH
Proposed
Pump Run
KWH
Savings
Pump Energy
KWH
See Table Above
1780
izu.0
Dmul
lUU701
100%
103090.9
103090.9
0
7000
120.0
58.0
iuu%l
90%
410020.8
309885.8
100,135
513.112
1 412.977
1 100,1 35
$38 102
$30 B68
$7 438
Assumptions
1 Measured KW is the Pump Motor energy.
2 Heating Breakeven /Lockout Temperature = 50 deg F
See Table Above
...PRESENT HRS/WK OF SYSTEM OPERATION (HVACHttb)
See Table Above
...HRSIWK OF ACTUAL BUILDING OCCUPANCY (HRSOCC)
52
... WKSNR OF AIR SYSTEM OPERATION (WPY)
See Table Above
... Measured KW / Data Logger KW (FANKW)
$0.0743
...ELECTRICITY UNIT ($) COST/KWHR (ELECCOST)
40%
...Minimum Flow/Speed
CALCULATIONS
PUMP CURVE EQUATION
= 0.9101 x %Flow A 3 + 0.0997
PUMP ENERGY COST ($NR.)
= PUMP ENERGY' ELECCOST
Confidential & Proprietary Information of Ameresco, Inc.
c-,- Lc�
Page 48
Calculation of Savings from Lighting FIMs (Lighting Savings)
LightingSavings = Baseline — Postlnstallation
Baseline= Z (kW,,. x Hrs... x $ kn)
/kmm
Postlnstallation = Z (kW. x Hrs.,. x $ kWh)
ftx m
Where:
• kWBm = Base fixture kW, as per lighting audit calculation
• kWrft, = Retrofit fixture kW, as per lighting audit calculation
• HrsBase = Base fixture operating hours, as per lighting audit calculation
• Hrs. = Retrofit fixture- operating hours (usually these will equal base hours), as per
lighting audit calculation
• $/kWh = Unit cost of electrical energy
See attached Exhibit 1 to this Attachment G, (Lighting Survey and Audit).
Operational Savings
Average usage based on a two year average of product or maintenance usage.
2008 2009 Average
Lighting
1 $ 3,1421
2,259
1 $ 2,700
VFD for Rotors
1 $ -
I $ -
I $
Confidential & Proprietary Information of Ameresco, Inc. 1
Page 49
ATTACHMENT H
DAVIS-BACON ACT REQUIREMENTS
The provisions of the Davis -Bacon Act (the "Act "), which is codified at Subchapter W of
Chapter 31 of Title 40 of the United States Code, and the regulations and guidance promulgated
thereunder (together with the Act, the "DBA ") apply to the Project, and the Customer and
Ameresco certify and agree that with respect to the Project they will comply with the
requirements of the DBA, as applicable.
Ameresco understands its responsibility to flow down the required DBA contract language
and wage determinations to subcontractors under this Agreement.
FLOW DOWNS
The following form contract language is incorporated in the Agreement as required and
provided under 29 CFR, Part 5(A)(5.5):
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the
full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section l(bx2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (axl)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in Sec. 5.5(ax4). Laborers
or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records accurately set
forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed
under paragraph (a)(lxii) of this section) and the Davis -Bacon poster (WH -1321)
shall be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the
Confidential & Proprietary Information of Ameresco, Inc.
Page 50
workers.
(A)
The contracting officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting
officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(B)
If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(C)
In the event the contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(D)
The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (aXiXii) (B) or (C) of this section, shall be paid
to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage determination or shall pay
Confidential & Proprietary Information of Ameresco, Inc.
Page 51
another bona fide fringe benefit or an hourly cash equivalent
thereof
(iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(2) Withholding. City of Hutchinson shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same prime
contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, the (Agency) may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.
(3) Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section l(bx2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(axl)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section I(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification
Confidential & Proprietary information of Ameresco, Inc.
Page 52
of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to the City of Hutchinson.
The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except
that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (e.g., the
last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired.
Optional Form WE-347 is available for this purpose from the Wage and
Hour Division Web site at httpJ /www.dol.gov /esa/whd/forms/
wh347instr.htm or its successor site. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker, and shall provide
them upon request to the (write in name of appropriate federal agency) if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit them to the applicant, sponsor, or owner, as
the case may be, for transmission to the (write in name of agency), the
contractor, or the Wage and Hour Division of the Department of Labor
for purposes of an investigation or audit of compliance with prevailing
wage requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without
weekly submission to the sponsoring government agency (or the
applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance; signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be provided under Sec. 5.5 (a)(3xii) of Regulations,
29 CFR part 5, the appropriate information is being maintained
under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth
in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
Confidential & Proprietary Information of Ameresco, Inc.
Page 53
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH -347 shall satisfy the requirement
for submission of the "Statement of Compliance" required by paragraph
(a)(3xiixB) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(ax3xi) of this section available for inspection, copying, or transcription by
authorized representatives of Farwell Area School or the Department of Labor,
and shall permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less
Confidential & Proprietary Information of Ameresco, Inc. ' ` (2)
Page 54
than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with COgeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
Confidential & proprietary Information of Ameresco, Inc. page 55
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as Farwell Area
School may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and
5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractors firm is a person
or firm ineligible to be awarded Government contracts by virtue of section 3(a)
of the Davis -Bacon Act or 29 CFR 5.12(ax 1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
l8 U.S.C. 1001.
(1) Overtime Requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one -half
times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation, for Unoaid Waggs• Liquidated Damages. In
the event of any violation of the clause set forth in paragraph
(bxl) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In
Confidential & Proprietary Information of Ameresco, Inc.
Page 56
addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in paragraph (bxl) of this section, in the sum of
$10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (bx 1) of this section.
(3) Withholding for Unpaid Wages and Liquidated Damages. City
of Hutchinson shall upon its own action or upon written request
of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contractor, or any other federally- assisted contract
subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (bx2) of
this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (bxl) through (4)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set
forth in paragraphs (b)(1) through (4) of this section.
(b) In addition to the clauses contained in paragraph (b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and
not to any of the other statutes cited in Sec. 5.1, the Agency Head shall
cause or require the contracting officer to insert a clause requiring that
the contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a
period of three years from the completion of the contract for all laborers
and mechanics, including guards and watchmen, working on the contract.
Such records shall contain the name and address of each such employee,
social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and
actual wages paid. Further, the Agency Head shall cause or require the
contracting officer to insert in any such contract a clause providing that
the records to be maintained under this paragraph shall be made available
by the contractor or subcontractor for inspection, copying, or
transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or
Confidential & Proprietary Information of Ameresco, Inc.
� b ca)
Page 57
subcontractor will permit such representatives to interview employees
during working hours on the job.
Confidential & Proprietary Information of Ameresco, Inc.
1-b U`-)
Page 58
AMERESCO�
Sreen . Clean . Sustainable
Anderson lakes Center
3855 West 78th Street, Suite 310
Eden Prairie, MN 55344
P: 952 942 5142
F: 952 942 5421
rmeresco.com
t.
,f,»
Project Summary
The Project includes a comprehensive city-wide lighting retrofit. The Lighting Survey Process included a
building -by- building, fixture -by- fixture audit, resulting in a new fixture and lamp schedule. This will assist
the City in the standardization of lighting systems and lower operating and maintenance costs. The Lighting
Overview table summarizes the improvements and their benefits. Many of the lighting fixtures will be
improved to provide better or the same quality of lighting with reduced energy consumption. A number of
existing fixtures are in need of replacement or improvement, and this project will assist in addressing some
of that need. In addition, Ameresco will be providing engineering and installation of Variable Frequency
Drives for rotor motors at the Wastewater Treatment Facility.
Non -Grant Scope
This includes lighting improvements at the Fire Dept., Cemetery, Park & Rec Offices and Shops, Rec Center,
WTP and W WTP. In addition to energy savings, including these sites in the project will have other benefits
to the City (see City-Wide Lighting Scope Overview and Benefits). Many of the lighting systems are
obsolete, i.e., T 12 systems, or past normal service life and are in need of replacement. Other benefits include
reduction in operating and maintenance costs, city-wide standardization of energy efficient lighting systems,
better light distribution and levels and some aesthetic improvement. The types of lighting in these facilities
are very similar to those included in the grant projects. Run time estimates, some conversions to vapor tight
fixtures and outdoor site lighting were some of the contributing factors of these facilities not being eligible to
receive grant funding.
Praiect Comnarison Table
Scope of Work
Total Project
Grant Projects
Non Grant Work
Total Project Cost
$340,614
$258,218
$82,396
Construction Costs **
$269,183
$204,067
$65,116
Project Fees **
$71,431
$54,152
$17,279
Grants
$(139,054)
$(139,054)
$0
Rebates*
$(27,600)
$(21,794)
$(5,806)
City Funding Share
$173,960
$97,370
$76,590
Energy Savings (guaranteed)
$32,571
$28,926
$3,645
O &M Savings
$2,700
$2,153
$547
Simple Payback (Energy Savings)
5.3
3.4
21.0
Energy + O &M Savings Payback
4.9
3.1
18.3
Detailed Study * **
$34,500
NA
NA
*The rebate amounts are estimates based on calculated reductions in energy use. Project must be completed
before application for the rebates can be completed and is only rebate eligible during the same calendar year.
* *Costs are relative to information provided in Ameresco's Project Summary provided at 8 -24 -10 Council
Meeting
** *The City is responsible for the full cost of the Detailed Study per the Project Development Agreement
dated 10/14/2009
�C) cc-)
Confidential Pagel 11/3/2010
FrV�]
1
City of Hutchinson - City Wide Lighting Scope Overview and Benefits
cant
Apphcaliuv
,�
o� . dP
ASV e�
Da cripw. .I}° 4`P 0"a 130 Notes
#2 A.Wa
Rpl, 175W MH h, W fixture with new T-8 Ip fixture
X
X
X
X
X
Install new 28 Watt Lars maxis T-8 Fim
X
X
x
Q m S..
X
X
X
X
as 40OW MH fixture uith nro Hmh By fixture
X
X
X
X
X
#2 City CmWr
Insult ntw 28 Watt T -8 Fixnues
X
X
X
Ckcu Sensors
X
X
X
X
U -mbe fixtures with T lam
X
X
X
!Che, r Bulbs
xe incandeurnt dowv n with CFL
X
X
X
X
Reo. .mu MH recessed cros down Iiht fixtures with CFL recessed cros
X
X
X
X
aze =dng Ent s' with new LED Exits fixtures
X
X
x
X
X
#2 Ice Aram
Install new 28 Watt Im, in evstn '1' -8 Fimues
X
X
X
a„ Semen
x
x
x
x
Rqiue exis - T12 s with new 28W T81 and ba8xt
X
X
X
X
X
250w 1,111 Low Bap fixnues with TS V r Twht fixtures
x
x
x
X
X
Rqi,e ens qng Ent sl with new LED Ent s fimues
x
x
x
x
x
#1 Creek Side
Imbll new 28 Watt Lam s m ens T -8 Firtuses
X
X
X
Occu Sensors
X
X
X
X
400W MI[ i us W finuce with new T-8 8larn figure
x
X
X
X
X
#1 Evrntt Crn[a
hunll new 28 Watt Lams in exis - T -8 Fish
X
X
X
(tau Sensors
I X
X
X
X
#1 Eveagml
Dinnin8
Install new 28 Wan a in ens T -8 Fixtures
X
X
X
X
X
X
X
aze axis T12 Iys with new 281X' T8 lamp, a d ballast
X
X
X
X-1
X
e inemdescmt down hghm with CFL I
X
X
X
X
Not Fire Station
T121am with nea- 28W T8lamps and ba8ast
X
X
X
X
X
Submi[Md
xe mcandexen[ down is with CFL 1
x
x
x
X
#1 HATS
hutall new 28 Watt llums N axis' T -8 Fixnl
X
X
X
0. Sauon
X
X
X
I
I X
Feoue 40OW MH us Fixaue with new'r 8 Iam p Future
X
X
X
X
1
1 X
RwI, b with new 28W B1 sassd ballast
X
X
X
X
I X
e ens dM Ent s" s with new LED Ent s' futures
X
X
X
X
X
300w Hal Flood 10ft n Truck Wash Area wills 150w • , on Wall Pxks
X
X
X
#1 L6rary
IvstaB neap 28 W'a[t Laps Ixps N ens' T -8 Fix .
X
X
X
you
X
X
X
X
RqA,. 40OW MH hkgh us W Future with new 320W PSMlI finure
X
X
AMERESCO Confidential
9/1/2010
Page 1
City of Hutchinson - City Wide Lighting Scope Overview and Benefits
cant
APPIx.n.
3
p `'
Lkjitig Descri uon .t3 �r Notes
#1 liquor Hutch
Install. 28 Watt Lam m esisun T -8 Fixtures
X
X
X
s T121am with new 28W T8lamps and ballast
X
X
X
X
X
CFL HM E.. with new 4'— 4 lunp TBHO fluorescent HiiB forums
X
X
X
X
X
Not Oakland llmstall
Submitted Cemetery
row 28 Wan Lamps in enstin T -8 Fixtures
X
X
X
tun ndescast down hgha with CFL lams
X
X
X
X
e exuarW TI2l with new 28W T8 lans,u and ballast
X
X
X
X
X
Not Pack and
Install new 28 Wan Lam m exiatin 7 -8 Fixures
X
X
X
Submitted Rec OEfiws
Oca Senmrs
X
X
X
X
mcandcscent down Ihts with CFL lam
X
X
X
X
T12 lam,n with new 28W 1'e lansn and ballast
X
X
X
X
X
#1 Police
Imtalt new 28 Wan Lam T -8 F'i es
X
X
X
Department
Onustaney Sensors
X
X
X
X
hrcmdesmtt down awith CFL lams
X
X
X
X
R,O.. ens un, T12 lam with new 28W T8 lam,n and ballast
X
X
X
X
X
Dclamp Fixtures
X
X
X
Not Recreation
Install new 28 Wan Lamps at es =X T -8 Fawres
X
X
X
Submitted Center
Semors
X
X
X
X
Replace uirnndtscent down liglus with CFL I
X
X
X
X
cmun, T12 I=M with new MW IS lam,n and ba8ut
X
X
X
X
X
ace ens' ww U -tube fixtures with 2'1,T,
X
X
X
Cheapef Bulbs
Replace esasung open RLM fixtures with new IT 3 lamp T8 direct/ indirect suspended futures
X
X
X
X
X
Exisung CFL
lace existing 12' decorative poles and fixture heads with new 18' — single 250w MH future
X
X
X
pushes lighting into parkinjZ lot
Replatv existing 12" s ux a 150w MH surface ftxtute az entries with new surface mount 70w PSh[H
X
X
X
X
X
Not WTP
Ima8 rew28 Watt Lam mess' T -8 Futums
X
X
X
Submitted
O. Benson
X
X
X
X
Not W% P
Imall new 28 Wan Ism is esim T -8 Fixtures
X
X
X
Submitted
Om S..
X
X
X
X
eris' T12 lamps with new 28W T8 lamps and ballast
X
X
X
X
X
Replace Wall asks with 70W HPS with full cutoff and photo cell
X
X
X
X
X
X
improved control of fixture
150w MH Low Bay fixtures in lower Level with T8 HO Fluorescent Va or T` ht fixtures
X
X
X
X
X
X
color tendering im rovement
250w IiPS Low Bay fumes in Lower Level with T8 HO Fluorescent Vapor Tight fixtures
X
X
X
X
X
X
color rendering rovement for safely
n
AMERESCO Confidential
9/1/2010
Page 2
Hutchinson
An Economic Uevelopmenr Authority
MEMORANDUM
Date: November 2. 2010
To: Honorable Mayor & City Council
From: Miles R Seppelt
Economic Development Director
RE: Sale of land to Warrior Mfg and Purchase of land from Warrior Mfg
Backaround
Warrior Manufacturing has requested that the City buy back the 10.5 acre lot it purchased from the City in
December of 2009.
In its place. Warrior is seeking to purchase the 3.18 acre lot to the east of their current facility.
Purchase from City
Warrior has determined the 10.5 acre lot ultimately was too big for their needs and that the 3.18 acre east lot
would be a better fit for the company's future growth.
The EDA Board of Directors and the EDA Finance Team have reviewed this transaction thoroughly and are
recommending and requesting City Council approval.
Other Considerations
• Agreeing to this transaction will help facilitate Warrior's expansion plans.
• The 10.5 lot the city would acquire will be highly desirable from a development perspective.
• When the 10.5 acre lot is sold in the future, those funds will be returned to the Community
Improvement Fund.
• Warrior Mfg. has met and greaUy exceeded its job creation and wage requirements:
Requested Action
Enclosed in your packet is a resolution authorizing and directing the following actions:
1) Authorizing the sale of 3.17 acres of city land to Warrior Manufacturing for $40,000 per acre, totaling
$127,113.88
2) Authorizing the purchase of 10.49 acres of land from Warrior Manufacturing for a total of $206,976
and payment of assessments on said land in the amount of $108,024. These together total
$315,000.
3) Authorizing the use of approximately $187,885 from the city's Community Improvement Fund (CIF)
to complete this transaction.
4) Directing City staff to take such actions as necessary to give effect to this resolution.
I will be in attendance at the November a City Council meeting to make a short presentation and answer
any questions you may have.
In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223
at any time.
Thank you for your time and consideration.
b C -6)
Jobs
Wages
Total Compensation
Goal
10
$9.301 hour
1 $10.23 / hour
Actual
38
$15.41 /hour
1 $18.58 /hour
Requested Action
Enclosed in your packet is a resolution authorizing and directing the following actions:
1) Authorizing the sale of 3.17 acres of city land to Warrior Manufacturing for $40,000 per acre, totaling
$127,113.88
2) Authorizing the purchase of 10.49 acres of land from Warrior Manufacturing for a total of $206,976
and payment of assessments on said land in the amount of $108,024. These together total
$315,000.
3) Authorizing the use of approximately $187,885 from the city's Community Improvement Fund (CIF)
to complete this transaction.
4) Directing City staff to take such actions as necessary to give effect to this resolution.
I will be in attendance at the November a City Council meeting to make a short presentation and answer
any questions you may have.
In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223
at any time.
Thank you for your time and consideration.
b C -6)
ORDINANCE NO. 10 -0662
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE
SALE OF MUNICIPALLY OWNED REAL PROPERTY TO WARRIOR
MANUFACTURING, LLC; PURCHASE OF LAND FROM WARRIOR MANUFACTURING,
LLC AND USE OF COMMUNITY IMPROVEMENT FUND
THE CITY OF HUTCHINSON ORDAINS:
Section 1. Warrior Mfg. has greatly exceeded its job creation and wage goals and is a valued
corporate citizen of the City of Hutchinson and Warrior Mfg. has significant potential for
future growth, which this transaction will greatly facilitate. It is in the interest of the City of
Hutchinson to promote industrial expansion. The acquisition of a 10.5 acre lot from Warrior
Mfg. will aid the City of Hutchinson in the recruitment of additional companies to the
industrial park and funds utilized from the Community Improvement Fund will be repaid
with the future sale of industrial park lots.
Section 2. The City Administrator, Gary D. Plotz, or his designee is authorized to sign
any and all documents on behalf of the City to effectuate the closing of this transaction.
Section 3. THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA,
HEREBY AUTHORIZES AND DIRECTS THE FOLLOWING:
1. Sale of approximately 3.18 acres of industrial park land (Lot 1, Block 4, Energy Park
North 2 "d Addition) to Warrior Mfg. for approximately $127,113.88.
2. Purchase of approximately 10.5 acres of land (Lot 1, Block 3, Energy Park North 2 "d
Addition) from Warrior Mfg. for approximately $206,976 and payment of
assessments in the amount of approximately $108,024.
3. Use of approximately $187,885 from the City's Community Improvement Fund to
complete this transaction.
4. City staff shall take such actions as necessary to give effect to this resolution.
Section 4. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 23`d day of November, 2010.
ATTEST:
Gary D. Plotz Steven W.
City Administrator Mayor
)t�,(.b)
Resolution No. 13804
A Resolution Designating a Portion of the City's General Fund for the Purpose of
Additional Mosquito Spraying
Whereas, the City of Hutchinson ( "City ") has established a mosquito spraying program to
protect the health and welfare of the city's residents and;
Whereas, the residents of the city have previously authorized a separate tax levy for the
purposes of funding a program for the application of chemicals to kill mosquitoes and their
larvae within the city; and
Whereas, that said levy provides the city with $35,000 per year for mosquito control
purposes; and
Whereas, in the past year the City has had to expend more than $35,000 to effectively
control mosquitoes and anticipates that it may need to spend more than $35,000 per year in the
future for that control; and
Whereas, the City desires to supplement the monies obtained through the mosquito
spraying levy to provide for additional spraying applications as deemed necessary by City
officials; and
Whereas, the City deems it proper to separately designate monies that may be needed for
these additional applications.
Now, Therefore, Be It Resolved by the City Council of the City of Hutchinson:
1. That $15,000 from the City's general fund be designated for additional mosquito spraying
applications.
2. That monies so designated shall not be used for mosquito prevention purposes unless and
until monies inuring to the City through the mosquito spraying levy are exhausted.
3. Disbursements from the monies designated shall be approved by the City Administrator.
The City Administrator shall notify the City Council of any disbursements of these
monies.
4. The monies so designated be allowed to be modified, eliminated, or transferred as
permitted by city regulations and policies or as the City Council may direct.
Adopted by the City Council this
ATTEST:
day of 12010.
Gary D. Plotz, City Administrator Steven W. Cook, Mayor
IpCC-)
Policy No. 3.23
CITY OF HUTCHINSON
POLICY
- City Council -
CONFERENCES & SEMINARS - OUT OF STATE
DATE 1988:1995; updated 2010 SOURCE ADMINISTRATION
When possible, requests to attend out -of -state conferences shall be made during the
preparation of the annual city budget, since the council must approve all requests for
out -of -state travel. Frequency of attendance shall not exceed once every other year. In
the event an additional 'outstanding" conference or seminar presents itself, the council
may use its discretion in considering the request. Furthermore, a written summary of
the objectives met at the seminar shall be directed to the City Administrator to highlight
the content of the conference.
This policy shall not apply to out -of -state travel within a 450 -mile radius of the city not
exceeding one overnight stay for business purposes including quality control
marketing, new product development equipment evaluation and customer development
and service for Creekside Soils. However, Creekside out -of -state travel is subject to
approval by the City Administrator.
10 Lb
Resource Allocation October 5,2010 4:00 4:00 PM
Committee Hutchinson City Center
Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members)
Dolf Moon, John Olson (Contributing Participants)
Meeting Minutes
Street Lighting Policy — review installation guidelines and potential Street Light Utility Fee
John O. provided an overview of potential Street Light Utility Fee structures. Members of the RAC agreed that further study of this item
would be appropriate with a focus on comparable Cities' street lighting policies (especially those with municipal electric utilities). At this
point, the RAC determined that this topic could be examined in late 2011 to determine potential benefits and associated costs. However,
City staff asked that the street lighting installation/maintenance guidelines be brought to the City Council in the near future to allow for
consistent project implementation and maintenance budgeting to occur. Steve C. mentioned that a future City Council workshop could be
scheduled to address this topic and others such as trail construction/maintenance.
2. 2010 Construction Program Review— review project status
- Kent E. provided a brief overview of the current 2010 construction program. Several projects such as Washington & Adams
Reconstruction and Sherwood St. SE Extension continue to be constructed into the fall months. Both of the previously mentioned
projects are anticipated to be completed within the currently stated contract dates (interim and final). The RAC discussed the status of the
Crown Addition development and associated public infrastructure improvements. During the discussion, Steve C. questioned the need to
utilize Municipal State Aid funds to construct Montana St. NW and Jeremy C. asked if deferring assessments for the construction of
Minnesota St. NW is appropriate. Kent E. noted that both questions can be further analyzed as the Crown Addition Subdivision
Agreement is prepared and approved by the City Council.
3. Other Discussion
John O. mentioned that further mosquito control costlbenefit analysis information can be provided upon request.
Steve C. inquired on the status of arranging a meeting with a wind energy consultant to review the city-owned property south of 51" Ave
SE. City staff has tried to contact the respective consultant and will continue to do so.
1 Lc�J
Resource Allocation November 2, 2010
4:00 PM
Committee Hutchinson City Center
Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members)
Dolf Moon, John Olson, Dan Jochum, Miles Seppelt (Contributing Participants)
Meeting Minutes
1. 2011 Construction Program Review —review preliminary list and potential schedule /sequence
Kent E. provided the 112011 Improvement Projects" list along with a brief review. Discussion relating to the School Rd. NW
Reconstruction project included the potential improvement assessment rate (possibility of $30/FF) and the existing setback distance of the
houses near Miller Woods. Also, the idea of administering an alternate bid to address the Energy Park Bituminous Wear Course
Placement project within Letting No. 2 was reviewed. Per City staff input, this approach would allow for funding flexibility, but not
addressing this work in a timely manner could result in damage to the new concrete curb /gutter. Regarding anticipated project
administration schedules, Kent E. stated that the School Rd. Reconstruction and Plaza 15 Parking Lot Improvements would be started as
early as December with the Industrial Blvd. SE Improvements, PMP Ph. I and TH 15 Water Main Lining projects following sometime in
February or March. Water and Wastewater Utility projects would be addressed later in 2011 to determine fund balances and financing
options at that time. The Municipal State Aid project(s) within Letting No. 9 will be evaluated as potential development feedback is
received by City staff.
Downtown Parking Lot Improvement District — review initial analysis and feedback
Kent E. provided and reviewed extensive downtown parking lot information prepared by City staff. This information included downtown
area drawings, potential improvement cost estimates and funding schedules, past parking lot assessment formula, and past assessment
rolls. This information was utilized by Miles S. to gather general feedback from the Hutchinson Downtown Association with respect to
creating a Downtown Parking Lot Improvement District with associated fees/assessments. Per Miles S.'s meeting summary, the
consensus was that there is an apparent need to maintain/improve existing parking lots, the City should wait at least one more year prior
to implementing this program, the City should fund at least 50% of the improvement costs, the downtown district boundaries should be
reexamined, certain parking lots should not be assumed to benefit the downtown businesses, and the assessment criteria should match
what was used for past parking lot assessments. City staff stated that Parking Lot B should be addressed in 2011 to benefit from potential
economies -of -scale if paired with the Plaza 15 Parking Lot Improvements project. The RAC agreed that proceeding with the Parking Lot
B project should be done and that the City should determine an assessment criteria that accounts for benefitting properties to the west
(Hutchinson Public School District) and south (business/apartment private property).
3. TH 15 Water Main Lining— review lining project status and comparison to open -cut replacement
- Kent E. reviewed a memo prepared by SEH in regards to the water main lining bids received in August. Noted within this memo were
several reasons why the City of Hutchinson's share of this cooperative agreement project exceeded SEH's final cost estimate
(approximately $520,000) by about 30 °/u to result in a bid price of $683,687.60. Also, SEH states that the City of Golden Valley and
other cities intend to administer another cooperative agreement project in early 2011 and that lower bid prices are expected based on
feedback from qualified general contractors. Kent E. explained that City staff has completed an extensive preliminary design and cost
estimating effort in regards to the potential of an open -cut water main replacement project. Based on feedback from Mn/DOT and an area
contractor, City staff estimates that an open-cut project would cost approximately $836,000. Due to the substantial difference in cost
estimates, the RAC agreed that the City should only proceed with the water main lining project bid process at this time. If the lining bids
are significantly higher than expected in early 2011, City staff and the RAC may make a recommendation to examine other project
delivery options to the City Council. Due to this project not being completed/funded this year, the RAC agreed that the 2010 bonding
target savings could he used in 2011 to potentially increase future G.O. bond funding per City Council approval.
4. Wind Energy Discussions — review recent discussions and potential staff involvement/coordination
- The RAC briefly reviewed recent meetings and feedback regarding potential wind energy sites/alternatives. City staff will be arranging
meetings with two wind energy consultants to address preliminary project feasibility/scoping discussions.
5. Other Discussion
I I La-)
Weed Notices
Monthly Report
October 2010
Monthly Summary of Weeds/Tall Grass Noncompliance
A summary of weed notices sent to properties not in compliance with Chapter § 92.35 Weed
Ordinance, of the Hutchinson City Code of Ordinances can be found below. Seven (7) business
days were given to those receiving notice to remove weeds /tall grass on their property.
Number of properties that received a removal notice 5
Number of properties cleared by City order 2
Number of properties pending compliance at month's end 0
Properties that were ordered to be cleared by the City
House
Street
Quadrant
Property Owner
City PIO
Korey J S Lori Denier 528 Kay St
01.118 -30 -11 -0420
528
Kay St
SW
SW Hutchinson, MN 55350
Home State Bank
745 Hwy 7 West
225
Hwy 7
W
Hutchinson, MN 55350
31- 117 -29 -12 -0250
Louis & Delores Brunner Trust
988 Hayden Ave SW
301
4th Ave
NW
Hutchinson, MN 55350
31- 117 -29-12 -0120
Michael W Saxton 7300 Metro
1178
Blackhawk Or
SW
Blvd k 380 Minneapolis, MN 55439
12- 118 -30 -08 -0030
Convenience Spore Investments
1828 Oak St
1320
Montreal St
SE
LaCrosse, WI 54803
07- 118 -29 -12 -0110
I (!--,)
f RA
Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, September 21, 2010 7:00 AM
Minutes
CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Bill Arndt,
LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON AUGUST 17,
2010
LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. Ruth
Kimball seconded and the motion carried unanimously.
3. FINANCIAL REPORTS
Ruth Kimball moved to approve the City Center General Fund payments of $40,981.23 for checks
7663 to and August 2010 Financial Statements and Park Towers payments of $160,273.79 for checks
11252 to 11292 and July 2010 Financial Statements. LaVonne Hansen seconded and the motion
carried unanimously.
4. PARK TOWERS UPDATES
a. FYI: New Logo Design
b. Ruth Kimball move to approve Change Order #2 Parking Lot Improvement Project $990 to
remove encroaching trees for sidewalk work. Bill Arndt seconded and the motion carried
unanimously.
c. LaVonne Hansen move to approve Resolution 410 -10 Approving 2011 Park Towers Budget.
Ruth Kimball seconded and the motion carried unanimously.
d. Bill Arndt moved to accept Weatherization Work at Park Towers for New Boilers and a Hot Water
Heater in the amount of $130,970.00 and Authorization to Execute Contract. LaVonne Hansen
seconded and the motion carried unanimously.
e. Bill Arndt moved to set the Public Hearing for November I6`h at 7:30 A.M. City Center Main
Conference Room regarding any changes to the public housing goals, objectives, and policies.
LaVonne Hansen seconded and the motion carried unanimously.
NE NEIGHBORHOOD UPDATE
Bill Arndt moved to approve NEN SCDP Loans #8683 -8 Damlow, 8683 -9 Zackrison, 8683 -10
Dammann and 8683 -11 Rea contingent to the Loan Review Committee's approval. Ruth Kimball
seconded and the motion carried unanimously.
HHPOP UPDATE
Ruth Kimball moved to approve Schultz Existing Home CASA, HRA Entry Cost Loan contingent to
the Loan Review Committee approval. LaVonne Hansen seconded and the motion carried
unanimously.
SCHOOL CONSTRUCTION PROGRAM 1116 LEWIS AVE UPDATE
Jean Ward updated the Board on the proposed closing date of October 151h.
September 21, 2010 Minutes Page 1 of 2 t I (C)
8. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH HUTCHINSON IDS
FOR 2010/2011 SCHOOL YEAR
Ruth Kimball moved to approve the Memorandum of Understanding with Hutchinson IDS for
2010/2011 school year. LaVonne Hansen seconded and the motion carried unanimously.
9. CONSIDERATION OF BUDGET FOR 755 MILWAUKEE AVE SW
Bill Arndt moved to approve the budget for 755 Milwaukee Avenue SW along with authorization for
the Executive Director to enter into a purchase agreement with a purchase price up to $65,000. Ruth
Kimball seconded and the motion carried unanimously.
10. OTHER - FYI
a. Planning Staff Meeting Agenda
b. Foreclosure Update
c. MHFA Energy Rebate Program coming back September 30, 2010
11. ADJOURNMENT
Bill Arndt moved to adjourn and Ruth Kimball seconded. There being no other business,
Secretary/Treasurer Becky Felling declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
Hansen, Secretary /Treasurer
September 21, 2010 Minutes Page 2 of 2 C
