Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
cp06-13-2017C
CITY OF HUTCHINSON
MCLEOD COUNTY
HUTCHINSON, MINNESOTA
Hutchinson City Center
111 Hassan Street SF.
Hutchinson, MN 55350-2522
Phone 320-587-5151, Fax 320-234-4240
NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP
Tuesday, June 13, 2017
4:00 p.m.
Council Chambers — Hutchinson City Center
Notice is hereby given that the Hutchinson City Council has called a special workshop meeting
for -Tuesday, June 13. 2017, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center,
1 1 l l lassan Street SI, I lutchinson, Minnesota for the following purpose:
■ Discuss City's Master Facility Planning Process
DATE[): June 7. 2017
POSTED: City Center
_ 4
Matthew Jauni ity Ad � ' trator
HUTCHINSON CITY COUNCIL
MEETING AGENDA
TUESDAY, JUNE 13, 2017
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards.
Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input
from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda
item)
1. CALL MEETING TO ORDER — 5:30 P.M.
(a) Approve the Council agenda and any agenda additions and/or corrections
2. INVOCATION — Faith Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
(a) Approve/Deny Resolution No. 14725 — Resolution Approving Cash Donations
PUBLIC COMMENTS
(This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou
have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the
record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to
be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or
derogatory attacks on individuals.)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of May 23, 2017
(b) Council Workshop of May 23, 2017
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA I
(a) Consideration for Approval of Closing 1St Avenue Southeast on June 21, 2017, beginning
at 4:00 p.m. for Riverside Church Event
(b) Consideration of Non -Waiver of Tort Liability Limits for General Liability
(c) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County
Voiture 414 on November 21, 2017, at VFW Post 906
(d) Consideration for Approval of Resolution No. 14720 — Resolution Supporting the
Abolishment of the Trunk Highway 15 Coalition
(e) Consideration for Approval of Resolution No. 14731 - Resolution Approving State of
Minnesota and City of Hutchinson Master Partnership Contract
CITY COUNCIL AGENDA JUNE 13, 2017
(f) Consideration for Approval of Improvement Project Changer Orders
1. Change Order No. 1 — Letting No. 8, Project No. 17-08 (Wastewater Treatment
Facility Membrane Cassettes Replacements)
2. Change Order No. 1 —Letting No. 2, Project No. 17-02 (School Road and Roberts
Road Reconstruction)
(g) Consideration for Approval of Items for city Alley 936 Improvements (Letting No. 13,
Project No. 17-13)
1. Resolution No. 14727 - Resolution Ordering Preparation of Report on Improvement
2. Resolution No. 14728 - Resolution Receiving Report and Calling Hearing on
Improvement
(h) Claims, Appropriations and Contract Payments — Register A
8. APPROVAL OF CONSENT AGENDA II
(a) Claims, Appropriations and Contract Payments — Register B
PUBLIC HEARINGS — 6:00 P.M.
9. APPROVE/DENY ORDINANCE NO. 17-773 — AN ORDINANCE AMENDING
CHAPTER 54 STORMWATER MANAGEMENT (FIRST READING, SET SECOND
READING AND ADOPTION FOR JUNE 27, 2017)
10. CITY PARKING LOT I IMPROVEMENTS PROJECT (LETTING NO. 12, PROJECT NO.
17-12)
(a) Resolution No. 14729 - Resolution Ordering Improvement and Preparation of Plans and
Specifications
(b) Resolution No. 14730 - Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids
purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy.
ides items like monthly or annual reports and communications from other entities.)
11. DISCUSSION OF MAINTENANCE OF DAKOTA COUNTY TRAIL
UNFINISHED BUSINESS
NEW BUSINESS
12. APPROVE/DENY ORDINANCE NO. 17-774 — AN ORDINANCE AUTHORIZING THE
SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO ERIC WANGEN (FIRST
READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017)
13. APPROVE/DENY ORDINANCE NO. 17-775 — AN ORDINANCE AUTHORIZING THE
SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO MIDCOUNTRY BANK
(FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017)
14. APPROVE/DENY HOSTED WIFI SERVICES AGREEMENT WITH NEW
ULM TELECOM, INC.
15. APPROVE/DENY RESOLUTION NO. 14726 - RESOLUTON UPDATING AIRPORT
ZONING
2
CITY COUNCIL AGENDA JUNE 13, 2017
16. APPROVE/DENY SETTING SPECIAL COUNCIL WORKSHOP FOR JUNE 26, 2017, AT
7:30 A.M. FOR PILOT DISCUSSION
17. APPROVE/DENY SETTING ANNUAL JOINT MEETING WITH HUTCHINSON EDA
ON JUNE 27, 2017, AT 11:30 A.M.
18. APPROVE/DENY SETTING COUNCIL WORKSHOP TO REVIEW 2016 AUDIT
REPORT
GOVERNANCE
(Thepurposeof'this portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items.)
19. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) Tall Grass/Noxious Weed Monthly Report for May 2017
MISCELLANEOUS
20. STAFF UPDATES
21. COUNCIL/MAYOR UPDATE
ADJOURNMENT
HUTCHINSON CITY COUNCIL
c`=y-f
Request for Board Action
7AL =-ft
Agenda Item: Resolution 14725 Approving Cash Donations
Department: Finance
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
Recognition of Gifts/Donations
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The City received the following donations for the sculpture project at Oakland Cemetery.
$100 - Dwane & Marjorie Bucklin
$500 - Hutchinson Rotary
$300 - Hassan Valley Lodge 109
BOARD ACTION REQUESTED:
Approve Resolution No. 14725, accepting the donations.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON
RESOLUTION NO. 14725
RESOLUTION ACCEPTING DONATIONS
WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens,
and is specifically authorized to accept gifts and bequests for the benefit of recreational services
pursuant to Minnesota Statutes Section 471.17; and
WHEREAS, the following persons or entities have offered to contribute the cash amounts
set forth below to the city:
Name of Donor
Dwane & Marjorie Bucklin
Hutchinson Rotary
Hassan Valley Lodge 109
Amount
Donation Date
$100.00
10/17/2016
$500.00
2/21/2017
$300.00
5/18/2017
WHEREAS, such donations have been contributed to the City of Hutchinson as donations
to the Oakland Cemetery sculpture project.
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA, AS FOLLOWS:
THAT, the donations described above are hereby accepted by the City of Hutchinson.
Adopted by the City Council this 23rd day of May 2017.
ATTESTED:
Matthew Jaunich
City Administrator
APPROVED:
Gary T. Forcier
Mayor
HUTCHINSON CITY COUNCIL
MEETING NHNUTES
TUESDAY, MAY 23, 2017
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards.
Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input
from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda
item)
1. CALL MEETING TO ORDER — 5:30 P.M.
Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John
Lofdahl, Chad Czmowski and Steve Cook. Others present were Matt Jaunich, City
Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney.
(a) Approve the Council agenda and any agenda additions and/or corrections
Matt Jaunich, City Administrator, noted that Item 7(d) will be pulled from the consent
agenda.
Motion by Czmowski, second by Lofdahl, to approve the agenda with the removal of Item
7(d). Motion carried unanimously.
2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
PUBLIC COMMENTS
(This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou
have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the
record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to
be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or
derogatory attacks on individuals.)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of May 9, 2017
Motion by Christensen, second by Lofdahl, to approve the minutes as presented. Motion
carried unanimously.
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA I
(a) Consideration for Approval of Resolution No. 14722 — Resolution Adopting Findings of
Fact and Reasons for Approval of Site Plan Review and Conditional Use Permit for a
Multi -Unit Townhome Development in an R-4 Zoning District Located at 875 Century
Avenue SW With Favorable Planning Commission Recommendation
CITY COUNCIL MINUTES MAY 23, 2017
(b) Consideration for Approval of Resolution No. 14723 — Resolution Adopting Findings of
Fact and Reasons for Approval of Shimpa Addition Preliminary and Final Plat With
Favorable Planning Commission Recommendation
(c) Consideration for Approval of Resolution No. 14724 — Resolution Adopting Findings of
Fact and Reasons for Approval of a Conditional Use Permit To Operate a School at 950
School Road SW in an R-2 Zoning District, McLeod Properties, LLC, Applicant, With
Favorable Planning Commission Recommendation
(e) Consideration for Approval of Closing Portion of Hassan Street on July 22, 2017, for
Saturday Night Cruisers Event
(f) Consideration for Approval of Resolution No. 14721 — Resolution Establishing Location
for Traffic Control Devices (Road Preservation Test Site)
(g) Consideration for Approval of Issuing Parade Permit to VFW Post 906 on May 29, 2017
(h) Consideration for Approval of Issuing Temporary Liquor License to RiverSong Music
Festival on July 14 & 15, 2017
(i) Consideration for Approval of Issuing Short Term 3.2 Malt Liquor License to Knights of
Columbus St. Christopher Council on June 16 & 17, 2017, at McLeod County
Fairgrounds
0) Consideration for Approval of License Agreement with Maplewood Academy
(k) Consideration for Approval of Issuing Transient Merchant License to Virginia Daniel of
TNT Fireworks from June 19 — July 6, 2017, in Walmart Parking Lot
(1) Consideration for Approval of Issuing Short -Term Gambling License to St. Anastasia
Catholic Church on September 9 & 10, 2017
(m) Consideration for Approval of Issuing Carnival Permit to Kimberly Pack of J&K
Amusements for June 1 — 4, 2017, in Hutchinson Mall Parking Lot
(n) Consideration for Approval of Setting Public Hearing for June 13, 2017, to Review
Ordinance No. 17-773 — An Ordinance Amending Chapter 54 — Stormwater Management
(o) Claims, Appropriations and Contract Payments
Items 7(e), 7(f) and 7(n) were pulled for separate discussion.
Motion by Czmowski, second by Cook, to approve consent agenda with the exception of
the items noted above. Motion carried unanimously.
Item 7(e) had further discussion. Sue Lambertson, Saturday Night Cruisers, presented
2
CITY COUNCIL MINUTES MAY 23, 2017
before the Council. Ms. Lambertson explained that a car cruise is happening on July 22nd
that will end at Below Zero and had asked that that block of Hassan Street be blocked off
in the afternoon. She invited that all come to view the classic cars.
Motion by Cook, second by Czmowski, to approve Item 7(e). Motion carried
unanimously.
Item 7(f) had further discussion. Council Member Cook asked that these signs not be put
on residential property. John Olson, Public Works Manager, noted that these signs will
mainly be placed in the industrial areas or in a park, but not on residential properties. In
addition, the size of the sign may be reduced. Mr. Olson explained that the signs will
state "ROAD PRESERVATION TEST SITE" to be placed in areas selected for testing of
soy -based roadway preservation projects.
Motion by Cook, second by Christensen, to approve Item 7(f). Motion carried
unanimously.
Item 7(n) had further discussion. Council Member Lofdahl asked John Paulson,
Environmental Manager, for an update on storm water pollution prevention during the
construction season. Mr. Paulson explained that things are going well even with as busy
as it currently is. Mr. Paulson touched briefly on the proposed changes to the ordinance
that will have its first reading at the June 13, 2017, Council meeting.
Motion by Lofdahl, second by Cook, to approve Item 7(n). Motion carried unanimously.
Council Member Cook asked if the developer of the townhomes was present. A
representative from SEH, representing the developer, presented before the Council. The
representative provided an update on the number of units being proposed which will
include upscale townhomes, nice landscaping, and lots of trees.
PUBLIC HEARINGS — 6:00 P.M. - NONE
NtMUNICATIONS RE UESTS AND PETITIONS
purpose oJ this portion oJ the agenda is to provide the Council with information necessary to craft wise policy.
ides items like monthly or annual reports and communications from other entities.)
UNFINISHED BUSINESS
8. APPROVE/DENY ORDINANCE NO. 17-772 — AN ORDINANCE SUSPENDING
ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO
HOURS OF CONSTRUCTION DURING THE SCHOOL ROAD/ROBERTS ROAD
RECONSTRUCTION PROJECT (LETTING NO. 2, PROJECT NO. 17-02) — SECOND
READING AND ADOPTION
Kent Exner, City Engineer, explained that this is the second reading of the ordinance that
was presented at the last Council meeting. No changes have been made. This ordinance
extends the noise hours for the School Road/Roberts Road project from 7:00 am — 10:00 pm
on weekends.
Motion by Czmowski, second by Christensen, to approve second reading and adoption of
Ordinance No. 17-772. Motion carried unanimously.
NEW BUSINESS
CITY COUNCIL MINUTES MAY 23, 2017
9. APPROVE/DENY AMENDMENTS TO CITY POLICY 3.27 — LEAVE DONATION
Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that
current City policy allows an employee to receive up to 20 days of donated leave time from
other employees due to a catastrophic illness or serious health condition affecting them.
Current policy allows the City Administrator to authorize additional donations only in
situations where the employee is ill. It is proposed to amend the policy to allow the City
Administrator to approve additional donations beyond the 20 days if an employee needs
additional leave hours to care for an immediate family member, defined as a spouse or a
dependent child, with a catastrophic illness or serious health condition.
Motion by Cook, second by Christensen, to approve amendments to City Policy 3.27 — Leave
Donation. Motion carried unanimously.
10. APPROVE/DENY PURCHASE OF ROTOCHOPPER GRINDER FOR CREEKSIDE
SOILS
Andy Kosek, Creekside Manager, presented before the Council. Mr. Kosek explained that
the Compost Fund has budgeted to replace the Vermeer horizontal grinder that is currently in
use. Bids were received for this piece of equipment with the lowest responsible bidder being
Rotochopper with a bid amount of $416,277. The City has received confirmation from
McLeod County that the City may retain the residual trade-in value of the current machine.
The current machine was purchased by McLeod County in 2002 and it was ultimately turned
over to the City immediately for operations, maintenance and repair. Mr. Kosek provided
information comparing the current machine to the new proposed machine. The new machine
will see higher production rates and higher efficiencies. Funding for this equipment will be
financed for five years with Key Equipment Finance with a favorable interest rate of 2.75%.
The equipment is able to be hauled to other sites to grind product.
Motion by Czmowski, second by Christensen, to approve purchase of Rotochopper grinder
for Creekside Soils. Motion carried unanimously.
11. APPROVE/DENY PRESENTATION OF PETITION FOR IMPROVEMENTS TO CITY
ALLEY #36
John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that
over the years, several homeowners whose prpperties abut Alley 936 located between Main
Street South and Hassan Street SE between 6 Avenue SE and 5th Avenue SE have contacted
him about improving the alley. On April 24, 2017, the City received a petition wherein 11 of
24 abutting property owners or 46% signed a petition to make improvements to the alley.
Under state statute, initiation of a public improvement can be done with a petition by more
than 35% of property owners. The petition needs to be validated and the City Council needs
to declare the petition adequate under the statute. Upon validation of the petition, the next
steps could begin with ordering preparation of a feasibility report regarding the improvement
project's necessity, cost-effectiveness, and feasibility and then scheduling a public hearing to
receive the report. Affected property owners would be invited to that hearing. Many years
ago, this alley was paved with bituminous pavement. Drainage was addressed by a
curb/gutter installed along the east side of the alley. Over the years, the condition of the
bituminous pavement has deteriorated and there are areas where the pavement has settled
which keeps water from running in the gutter. Some patching has been done but the alley is
a candidate for milling the edges and putting down an overlay which would improve
drainage and pavement conditions.
Motion by Czmowski, second by Christensen, to validate petition for improvements to City
Alley 936. Motion carried unanimously.
12. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JUNE 13, 2017, AT 4:00 P.M.
.19
CITY COUNCIL MINUTES MAY 23, 2017
TO DISCUSS CITY'S MASTER FACILITY PLANNING PROCESS
Matt Jaunich, City Administrator, explained that two months or so ago a meeting was held
with the consultant on the City's master facility plan. The consultant would like to meet
again with the Council to receive feedback on what has been formulated and to ensure they
are continuing in the right direction.
Motion by Cook, second by Lofdahl, to approve setting Council workshop for June 13, 2017,
at 4:00 p.m. to discuss City's master facility planning process. Motion carried unanimously.
Matt Jaunich also asked that the Council set a special meeting for June 3, 2017, at 11:00 a.m.
to attend the grand opening of the aquatic center.
Motion by Cook, second by Christensen, to set special meeting for June 3, 2017, at 11:00
a.m. for aquatic center grand opening. Motion carried unanimously.
GOVERNANCE
(The purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items)
13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) City of Hutchinson Financial Report and Investment Report for April 2017
Steve Cook — Council Member Cook asked that an update be provided on sales tax
collection.
(b) Hutchinson Housing & Redevelopment Authority Board Minutes from April 18, 2017
(c) Planning Commission Minutes from April 18, 2017
NHSCELLANEOUS
14. STAFF UPDATES
Kent Exner — Mr. Exner explained that staff has been researching and working on the alleyway
between Adams Street and Jefferson Street which has been discussed previously at the request
of Doreen Smithers. Due to the conditions of the alley it is being considered to have a more
aggressive approach done to improve the alley from 5 Avenue SE to the Cenex gas station.
Also, no mosquito control will be conducted tomorrow due to the overnight temperatures. Mr.
Exner provided a project update: Denver Avenue moving along, EDA Enterprise Center
foundation work progressing, School Road/Roberts Road project underway, hotel access
roadway bid opening is June 9 , south central drainage improvements funding isn't looking
very favorable this year mainly due to the debt service so those improvements most likely will
be delayed a year or so.
Marc Sebora — Mr. Sebora noted that Jody Winters, local attorney who has served the Council
on occasion, has been appointed as a district judge. She will be sworn in on June 9 .
Matt Jaunich — Mr. Jaunich noted that the aquatic center is progressing and a soft opening
should take place next week.
Also, a joint meeting would like to be scheduled with the EDA near the end of June. Mr.
Jaunich is suggesting to hold the joint meeting on a Wednesday over the lunch hour.
Mr. Jaunich also mentioned that Hutchinson was selected as a City of Excellence for their
5
CITY COUNCIL MINUTES MAY 23, 2017
partnership on work force initiatives. An award presentation will be held on Wednesday during
the LMC Annual Conference.
15. COUNCIL/MAYOR UPDATE
Mary Christensen — Council Member Christensen commented on the long grass in yards that
have not been mowed as well as the grass clippings that are blown into the street. Mr.
Exner commented that typically staff has historically waited until after Memorial Day
weekend to notiproperty owners if they are in violation of the weed ordinance. If the
Council would li e for that enforcement activity to begin sooner, staff can certainly do that.
Steve Cook — Council Member Cook asked about the planning process for Main Street/Hwy
15 improvements. Kent Exner noted that he has been informed that MnDOT is days away
from the design engineering contract. A management meeting will be held shortly
thereafter and public input will begin this summer. Council Member Cook also followed up
from the last Council meeting when he suggested more tree diversification. Matt Jaunich
stated he will be holding a meeting on the topic and will be inviting Steve and another
Council Member.
Council Member Cook asked Mayor Forcier if he had any information on the public
housing issue that is being discussed in the legislature. Mayor Forcier noted the item will
need to be deferred to the HRA Executive Director.
Gary Forcier — Mayor Forcier mentioned the Memorial Day Parade and program following
on Monday. He also noted that school is out and reminded everyone to watch for kids that
are out and about.
ADJOURNMENT
Motion by Czmowski, second by Lofdahl, to adjourn at 6:55 p.m. Motion carried
unanimously.
rel
HUTCHINSON CITY COUNCIL
2018 BUDGET KICKOFF
MINUTES
TUESDAY, MAY 23, 2017 - 4:00 PM
CITY CENTER — COUNCIL CHAMBERS
1. Call to Order
Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary
Christensen, Steve Cook, Chad Czmowski and John Lofdahl. Others present were: Matt
Jaunich, City Administrator, and Andy Reid, Finance Director
2018 BUDGET KICKOFF REVIEW
2. 2018 Budget Kickoff
Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's
workshop is to begin the 2018 budgeting season. Mr. Jaunich noted that setting the annual budget
is one of the biggest policy decisions of the City Council. The City's budget documents drive the
work of the city and are the forces behind achieving the City's Mission Statement. Mr. Jaunich
reviewed the City's mission statement, vision statement, the six core areas of focus and five long-
term goals the Council should consider every budget season. Those goals include: 1. What
should future tax levies look like? 2. What levels of services should the City perform and
provide in the future? 3. What is an acceptable level of debt? 4. What is our level of investment
in technology and equipment, and what period of payback is acceptable? 5. What are our future
infrastructure needs (roads, utilities, buildings, etc.) and how are we going to pay for them?
Mr. Jaunich noted that the purpose of today's workshop is to review the budget calendar that has
been established as well as review historical data and items that staff has identified as
items/concerns that need to be addressed. Staff would also like to get direction from the Council
on what they would like to see during the 2018 budget preparation season.
Mr. Jaunich reviewed tax rate comparisons of Hutchinson with other McLeod County cities as
well as with other regional center city rates. Hutchinson is the second lowest in the county and
ranks the fourth highest amongst regional centers. Discussion was held how Hutchinson
compares to other regional centers. It was suggested that staff research five other nearby regional
centers to see what makes up their rates and how they compare to Hutchinson's. Mr. Jaunich
reviewed tax rate comparisons from ten years ago and Hutchinson has stayed the same in
McLeod County and is the fourth highest among regional centers compared to the third highest
10 years ago. Mr. Jaunich provided data on economic comparisons, the 10 -year tax rate trend, the
10 -year total tax levy trend, the total taxable market value history and the total tax capacity
history. Mr. Jaunich explained that the City's tax rate is determined by the tax levy and tax
capacity and tax capacity is determined by the market value. While the City has had modest tax
increases over the past ten years, the market values have taken a hit. The City's 2016 value is
actually about 2.6% lower than what it was in 2006. Values are starting to come back and the
City is expecting to receive a larger recovery of this in 2017-2018. Tax increases without value
increases end up having a negative effect on the tax rate. The 2012 Homestead Market Value
Exclusion enacted by the legislature had a negative effect on the City's taxable market value.
The Market Value exclusion ended up reducing the City's taxable market value, increasing the
City's taxes. The reduction in taxable value also shifted the tax burden from homesteaded
property to other properties. Mr. Jaunich further reviewed historical budget numbers including
the tax levy from the last five years and tax levies as a percentage.
Mr. Jaunich then provided a very preliminary general fund budget for 2018. This includes wages
and benefits expected to increase by 4.2%. All other expenditures are at 2017 budgeted amounts.
Other expenditures are expected to remain relatively flat. A very early look has an overall 2.9%
increase in expenses. This budget has a 0% levy increase. PILOT payment from HUC shows a
light increase of .8%. Transfers -in include a 5% increase in Hutchinson Health lease payment.
All other revenues are at 2017 budgeted amounts. Revenues are expected to remain relatively
flat. Mr. Jaunich presented a preliminary general fund five-year budget. Mr. Jaunich provided a
list of things to think about when establishing the 2018 general fund budget — such as program
changes — need for increase/decrease?; enterprise fund transfers to the general fund; permanent
funding source for HAS employer contributions; hospital lease payment — general fund or other?;
appropriate LGA allocation; analysis of certain line item projections; performance increase
percentages; facilities maintenance fund?; fundings of wages and benefits; payroll allocations
(general vs. enterprise); event center/senior center — deficit; continue discussion on general
staffing levels and service level needs/wants; determine actual PILOT payment; adoption of
updated financial policies; election costs.
Mr. Jaunich then reviewed the debt management plan and the target debt levy of $2.6 million.
Due to the 1% debt levy increase in 2016 there won't be a need for another debt levy increase
until 2023. The 2023 tax levy will be a 1.5% increase. Years 2024 to 2032 will see an average
increase of 1.7%. The debt management plan includes financing for heavy equipment in 2017-
2021. The Plan moves annual project costs from $1.5 million to $1.9 million. The Plan moves
annual debt limits from $2.2 million to $2.6 million. Mr. Jaunich also reviewed the five year CIP
Plan. Major projects in 2018 include T -Hangar at airport; improvements/upgrades to civic arena;
south central drainage improvements (Linden Park); Trunk Hwy 15/Main Street — project
development and preliminary design (2020 construction); pavement management program; 2nd
Avenue bridge; Century Avenue; wastewater treatment and collection improvements.
Mr. Jaunich then reviewed the various City fund balances. Mr. Jaunich noted that the City is
fiscally healthy. Mr. Jaunich also reviewed the City's use of LGA funds. Mr. Jaunich stated that
the City is set to receive $2.2 million in LGA in 2017, a slight increase of approximately $8000
from 2016. $1 million goes to the general fund and $1.2 million goes to various aspects of the
capital improvement fund. Capital Projects Fund is for various projects currently not designated.
Should the non -designated amount go for heavy equipment? Staff asked the Council to consider
whether or not it is time to revisit and actually establish an LGA funding policy.
Mr. Jaunich also reviewed a list of staff concerns or items in need of being addressed. These
include: establishment of a funding plan for the replacement of playground equipment, long term
funding sources for heavy equipment and employer contribution to HAS, rising city subsidy at
Event Center and Senior Center, growth of salaries/benefits — biggest cost driver, cost of
government comparison, long-term plan for tipping building at Creekside,
Planning/Zoning/Building Department staffing levels, use of hospital money — short term —
general fund or CIP?, finishing financial policies, long-term plan on transfers from HUC, central
budgeting for facility maintenance?, water/wastewater/public works reorganization, profession
services increase (engineering), water/wastewater, storm rate review/study, garbage rates
analysis. Items that Mr. Jaunich would like the Council's thoughts and ideas on include the tax
levy goal for 2018, any services that they would like to see provided and/or increased/decreased,
is there a specific project/item they would like to see budgeted for and/or done or any
fee/rate/transfer changes to look at.
Mayor Forcier expressed that he feels it is important to subsidize and maintain a senior center and
event center as they attract people to our community. Council Member Christensen also
commented on the importance of having a senior center.
Council Member Cook asked if the fire department is in line to get the proper cleaning equipment
and safety equipment that the department needs. Chief Mike Schumann addressed items being
budgeted for to meet cleaning and safety requirements. Council Member Cook also spoke about
the radio needs of the police department, as well as a review of the dispatch center by the
facilities committee. Council Member Cook also suggested staff looking at the fee schedule to
see if there are increases that could take place. Council Member Lofdahl commented that he
would like to see the rental inspection fees cover the cost of the program.
The Council stated no general fund levy increase over 3%.
Council Member Lofdahl noted that historical society may be seeking the City fund a percentage
per capita for funding to allow users to use the museum for free.
3. Adjournment
Motion by Czmowski, second by Christensen, to adjourn the workshop at 5:25 p.m. Motion
carried unanimously.
ATTEST:
Gary T. Forcier
Mayor
Matthew Jaunich
City Administrator
HUTCHINSON CITY COUNCIL ci=v-f�
Request for Board Action 7AL =-ft
Agenda Item: Riverside Church Event
Department: Police
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Daniel T. Hatten
Agenda Item Type:
Presenter: Daniel T. Hatten
Reviewed by Staff ✓❑
Consent Agenda
Time Requested (Minutes): 2
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Riverside Church are requesting the rental of Library Square including the closing 1 st Ave SE between Main St and
Hassan St again this year for an event on Wednesday Night June 21st They have invited MN Adult & Teen Challenge
to come and speak/Sing along with a bounce house and climbing wall. These activities will be on the 1st Ave SE.
The event is open to the public. The event starts at 6:30 pm but are requesting the street be closed at 4:00 pm to
allow time to set up.
The Park has already been reserved through the Parks Dept. and the Hutchinson Police have reviewed the plan. We
look forward to working with Riverside Church again this year.
Jessie Peters
Office Admin./Asst. to Dr. Lee Allison
Riverside Church
320-587-2074 (Phone)
320-587-7407 (Fax)
www.riversidehutch.org
BOARD ACTION REQUESTED:
Recommend Approval
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY COUNCIL ci=qf�
Request for Board Action 7AL =-ft
Agenda Item: Consideration of Non-Waiver of Tort Liability Limits for General Liability
Department: Finance
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OFAGENDA ITEM:
As part of the City's renewal of its general liability insurance policy for the period July 2017 through June 2018, the
City must decide whether or not to waive the statutory municipal tort liability limits from $500,000 per claimant to
$1,500,000 per occurrence. If the City does waive this, then the City must purchase excess liability coverage.
Historically the City has not waived the municipal tort because by doing so, the City opens itself up to claims and
potential payments above the statutory limit.
Staff recommendation is to not waive the tort liability limits.
BOARD ACTION REQUESTED:
The Council is requested to not waive the tort liability limits for the policy period of July 2017 through June 2018.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY COUNCIL c`=y-f
Request for Board Action 7AL =-ft
Agenda Item: Short-Term Gambling License - Voiture Local No. 414
Department: Administration
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete Yes
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
consent Agenda
Time Requested (Minutes):
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The Voiture Local No. 414, a club, has submitted a short-term gambling license application into administration for
review and processing. The application is for an event the organization is holding on November 21, 2017, at the VFW
Post 906. The applicant has completed the appropriate application in full and all pertinent information has been
received.
BOARD ACTION REQUESTED:
Approve issuing short-term gambling license to Voiture Local No. 414 on November 21, 2017.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
c1y o
I I I Hassan street Southeast
Hutchinson. MN 55350
020) 587-5151 Fas: (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 Type
Ly Shori Term Dates)- f f Hee: $30.00
�MaylYear- N10 MI aylYear
organization Information PJ 5 N N -t cO L43-7
Name Phone Number
Address where regular meeting are held City State Zip
Federal or State ID: -1/!
Day and time of meetings? QST _ 6 gIs this organization organized under the laws of the State of Minnesota? X yes U no
I low long has the organization been in existence? ��},� How mayt members in the organization? 4
What is the purpose of the or-anir-ation? Ak�S:Le*q4_
In whose custody will organization records be kept?
Name Thune Number
-- 4ddress _Lr ' Stare Zip
11 Duly Authorized Officer of the Orpanixation Information 11
_ye� Lt, ele -- — .3V,, -rr7- y_� Y
T True Naive Phone Number
9,95' S It s Jo 4 d N. W., Yppa flet
--- - Residence Address T (i - Stale 'Lip —
Date of Birth: Place of Biah:��---
Monih/day.,year Cid}, State
Have You ever been convicted of any crime other than a traffic
offense? U yes Mno
Ifyes. explain:
C ;n, ofMach insan
-Ipplicurtun f rr Ganrhring LX -vices License
Page 2 ()1'3
Designated Gambling Manager (Qualiired under Afinnesota Statute 53291
OF
True
Phone Number
Residence Address Ciry Stare Zip
Date of Birth: '�2 1 f a Place of Birth: 49)(4- Ld E
Month1daylyear City Stare.
Have you ever been convicted of any crime other than a traffic offense? ❑ yes Xno
11'yes, explain:
Flow long have you been a member of the organization?
Garvie information
Location #I
Name of location where game will he played Phone .Number
,0 33
,4ddre.vs of loc•atiun where gume will he played (lily Shoe Zip
Date(s) and/or day{s} gambling devices will be used: through
AU
AM
flours of the day gambling devices will be used: From %.ted M : 'To ,.: e"-.> pM
—111
Maximum number of player: fQ �� �� %/c Kprs- �''t4
Will prizes be paid in money or merchandise? ;9[ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? yes ❑ no
if es, will a charge be made for such refreshments? yes ❑ no
Game Information
Location lit
' Name of locariun where game will he played Phone Number
Address (?f loc•alion where game will he played City � State Zip
Date(s) and/or day(s) gambling devices will be used: _ through
AM AM
Flours of the day gambling devices will be used: From PM TO
PM
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? ❑ yes ® no
C'iq of /lutehipoon
ipplicaaon for Gamhhng Devices Lteense
Nage 3 of 3
Officers of the Or anization [i necessa , list additional names on se arate sheet
Name
Title
� �Ci-F��E �t3����� . IDS f�ifTl�l�►�`5�,�!
_e1��'
.fj3:�
Residence Address
City
Slate
Zip
Name
Title
S L" -
-,VA1-
JT 33 r
Residence Address
City
State
,Zip
Name
Title
r
4W
Residence Address
City
State
Zi
Officers or Other Persons Paid for Services Information (if necessa
, list additional names on separate sheet)
- - �Name �
-•----
- Title
—
Residence Address
City
Slate
'Lip
- --- Name
Title
--
Residence Address
City
Slate
--Ziip -
-^ Nume w
Title
- -�� Residence Address
Stale
�W zip --
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 dyes ❑ no ny Authorized Officer ?4 yes ❑ no
Initial Initial
I declare that the information 1 have provided on this application is truthful, and 1 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 1 will familiarize myself with the contents thereof.
1
nuttrre r�'atrthurired rfcer of nrgani_ution Date
J
Signature ofgumhling manager of'organization Dale
Internal Use
City Council 0 approved ❑ denied Notes:
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Resolution Supporting the Abolishment of the Trunk Highway 15 Coalition
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff
Consent Agenda
Time Requested (Minutes): 0
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Please see the attached Resolution and recent Trunk Highway 15 Coalition membership letter. Also, please note that
there were no communicated concerns pertaining to or disapproval of the proposed abolishment of the Trunk Highway
15 Coalition group.
BOARD ACTION REQUESTED:
Approval of Resolution
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 14720
RESOLUTION SUPPORTING THE ABOLISHMENT OF THE TRUNK HIGHWAY 15 COALITION
WHEREAS, State Trunk Highway 15 is an important corridor that provides a direct north/south
connection between Interstates 90 and 94 that is significantly utilized for local traffic, long-distance
commuting, freight hauling, agricultural functions and recreational travel purposes;
WHEREAS, The Trunk Highway 15 Coalition was formed in 2004 to identify transportation related needs
and potential improvements along the State TH 15 corridor from 1-94 (St. Cloud) to 1-90 (Fairmont);
WHEREAS, The City of Hutchinson has actively supported and participated in the efforts and activities of
this coalition;
WHEREAS, This coalition was instrumental in preparing and finalizing the 2010 Highway 15
Transportation Corridor Study in conjunction with the Minnesota Department of Transportation (MnDOT);
WHEREAS, This approved corridor study will continue to be utilized to identify and prioritize specific
corridor issues, needs and potential improvements;
WHEREAS, Trunk Highway 15 Coalition Executive Committee representatives believe the coalition has
served its purpose by delivering the above mentioned corridor study and other initiatives;
WHEREAS, The reasoning for forming this coalition has diminished and Executive Committee
representatives believe that the coalition should be abolished at this time;
WHEREAS, The Trunk Highway 15 Coalition currently possesses approximately $6,000 in membership
dues and other donations;
WHEREAS, Executive Committee representatives believe that the coalition should utilize all of the
existing coalition proceeds to assist MnDOT in administering a passing lane study along the TH 15 corridor
between Hutchinson and 1-94;
WHEREAS, Local road authorities, transportation stakeholders and MnDOT will continue to monitor the
mobility and safety performance of this corridor and may form new coalitions or partnerships to protect and
improve the vitality of TH 15;
THREFORE BE IT RESOLVED, that the City of Hutchinson, Minnesota, supports the abolishment of the
Trunk Highway 15 Coalition and the utilization of all existing coalition proceeds for the administering of a
passing lane study along the TH 15 corridor between Hutchinson and 1-94.
Approved by the City Council of the City of Hutchinson this 13th day of June, 2017.
Mayor, Gary Forcier
City Administrator, Matt Jaunich
MINNESOTA TRUNK HIGHWAY
COALITION L
Dear Trunk Highway 15 Coalition Supporter:
As you most likely already know, the Trunk Highway 15 Coalition has pursued the studying, planning and
improving of the TH 15 corridor from I-94 (St.Cloud) to I-90 (Fairmont) since 2004. The Coalition's
fundamental goal has been to establish this corridor's highest priority needs, securing appropriate funding for
comprehensive studies, protection of existing highway right-of-way, and the implementation of priority
projects within MnDOT's Statewide Transportation Improvement Plan (STIP) or by attaining designated
funding for specific improvements.
In 2011, the TH 15 Coalition's Technical Advisory Committee (TAC), with MnDOT's support, finalized the
Highway 15 Transportation Corridor Study that formulates an approach to identify and prioritize specific
corridor needs, concerns and issues. Over the past few years, the Coalition's overarching primary efforts have
been to utilize this study to identify potential improvement projects and funding opportunities.
Per recent discussions with critical Coalition stakeholders, the future viability of this Coalition has become a
legitimate concern. This is primarily due to MnDOT's fairly recent transportation system planning efforts
and their increasing focus on preservation of existing highway infrastructure. Obviously, this approach is
being driven by the very limited funding of transportation throughout the state.
Looking forward, the TH 15 Coalition Executive Committee believes that this group has served its purpose by
delivering on the above mentioned comprehensive study which provides MnDOT and local road authorities
guidance relative corridor issues, needs and potential improvements. At this point, it is the Coalition's
understanding that the study document will continue to be utilized to improve the performance, functionality
and safety along the TH 15 corridor. However, the reasoning for forming this Coalition has diminished, and
the Executive Committee believes that the Trunk Highway 15 Coalition should be abolished.
On a positive note, the Coalition currently has about $6,000 in dues/funding available. Based on preliminary
meetings with MnDOT staff, the Executive Committee is confident that these funds along with a MnDOT
contribution could be utilized to administer a passing lane feasibility study within the TH 15 corridor from the
City of Hutchinson to Interstate 94. This effort would be similar to the study that resulted in the recent
implementation of passing lanes along the TH 23 corridor. Thus, prior to disbanding this Coalition, the
Executive Committee is recommending that the above amount be allocate to the described passing lane study.
Most importantly, the TH 15 Coalition Executive Committee sincerely appreciates your past support of
activities in the pursuit of an improved and progressive corridor along State Trunk Highway 15. Lastly, Kent
Exner, City of Hutchinson Engineer, is willing to address any questions, thoughts or concerns that you may
have regarding this information/approach at kexner&ci.hutchinson.mn.us or 320.234.4212 (if possible, please
communicate prior to May 16, 2017).
Sincerely,
Trunk Highway 15 Coalition Executive Committee
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item:
g State of Minnesota and City of Hutchinson Master Partnership Contract
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff
Consent Agenda
Time Requested (Minutes): 0
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Please see the routine renewal (about every five years) of the City's Master Partnership Contract with the State of
Minnesota (MnDOT). In summary, this agreement provides a framework for MnDOT and local agencies to provide
services and payment to each other in a structured and expedited manner.
BOARD ACTION REQUESTED:
Approval of Contract and Resolution
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 14731
RESOLUTION ENTERING INTO
MnDOT MASTER PARTNERSHIP CONTRACT NO. 1028334
Whereas, The Minnesota Department of Transportation wishes to cooperate closely with
local units of government to coordinate the delivery of transportation services and
maximize the efficient delivery of such services at all levels of government; and
Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections
471.59, 174.02, and 161.20, to undertake collaborative efforts for the design,
construction, maintenance and operation of state and local roads; and
Whereas: the parties wish to able to respond quickly and efficiently to such opportunities
for collaboration, and have determined that having the ability to write "work orders"
against a master contract would provide the greatest speed and flexibility in responding to
identified needs.
Therefore, be it resolved:
1. That the City of Hutchinson enter into a Master Partnership Contract with the
Minnesota Department of Transportation, a copy of which was before the
Council.
2. That the proper City officers are authorized to execute such contract and any
amendments thereto.
3. That the Hutchinson City Engineer is authorized to negotiate work order contracts
pursuant to the Master Contract, which work order contracts may provide for
payment to or from MnDOT, and that the City Engineer may execute such work
order contracts on behalf of the City of Hutchinson without further approval by
this Council.
Adopted by the Council this 13th day of June 2017.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
MDEPARTMENT OF
TRANSPORTATION MnDOT Contract Number: 1028334
STATE OF MINNESOTA
AND
CITY OF HUTCIIINSON
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract
referred to as the "State" and the City of HUTCHINSON, acting through its City Council, in this contract referred to as
the "Local Government."
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a "road authority" as defined by Minn. Stat. § 160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans
for the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. § 174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation -related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the
relationship between the parties. When specific services are requested, the parties will (unless otherwise specified)
enter into a "Work Order" contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into "Work Order" contracts.
These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for
the specific work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently
issued under the authority of this Contract.
Master Partnership Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all
State officials as required under Minn. Stat. § 16C.05, subd. 2.
1.2. A party must not accept work under this Contract until it is fully executed.
1.3. Expiration Date. This Contract will expire on June 30, 2022.
Page 1 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Local Government) for each particular engagement, except for Technical Services provided by the State
to the Local Government as specified in Article 2. The work order contract must specify the detailed
scope of work and deliverables for that project. A party must not begin work under a work order until the
work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless
specifically varied in the work order. The Local Government understands that this MPC is not a guarantee
of any payments or work order assignments, and that payments will only be issued for work actually
performed under fully -executed work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract
and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and
Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure.
All terms of this MPC will survive with respect to any work order contract issued prior to the expiration
date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of "Providing Party" and "Requesting Party". For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
"Requesting Party" is defined as the party requesting the other party to perform work under a work order
contract. "Providing Party" is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local
Government. These services may be performed by the State for the Local Government without the
execution of a work order, as these services are provided in accordance with standardized practices and
processes and do not require a detailed scope of work. Exhibit A — Table of Technical Services is
attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order
contract.
2.2. The Local Government may request the State to perforin Technical Services in an informal manner, such
as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A
request may be made via telephone, but will not be considered accepted unless acknowledged in writing
by the State.
2.3. The State will promptly inform the Local Government if the State will be unable to perforin the requested
Technical Services. Otherwise, the State will perform the Technical Services in accordance with the
State's normal processes and practices, including scheduling practices taking into account the availability
of State staff and equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State
will charge the Local Government the State's then -current rate for performing the Technical Services.
The then -current rate may include the State's normal and customary additives. The State will invoice the
Local Government upon completion of the services, or at regular intervals not more than once monthly as
agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the
State during the invoice period.
3. Services Requiring A Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services
under individual work order contracts.
Page 2 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. § 16C.08, subd. 1, professional/technical services
"means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task." Professional and technical services do not include providing supplies or materials except as
incidental to performing such services. Professional and technical services include (by way of example
and without limitation) engineering services, surveying, foundation recommendations and reports,
environmental documentation, right-of-way assistance (such as performing appraisals or providing
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts,
final construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party's professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited
to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects),
seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All
services must be performed by an employee with sufficient skills, training, expertise or certification to
perform such work, and work must be supervised by a qualified employee of the party performing the
work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle
pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party's own forces, or the Providing
Party may administer outside contracts for such work. Construction administration may include letting
and awarding construction contracts for such work (including state projects to be completed in
conjunction with local projects). All contract administration services must be performed by an employee
with sufficient skills, training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood
protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by
an employee with sufficient skills, training, expertise or certification to perform such work, and work
must be supervised by a qualified employee of the party performing the work. If it is not feasible to have
an executed work order prior to performance of the work, the parties will promptly confer to determine
whether work may be commenced without a fully -executed work order in place. If work commences
without a fully -executed work order, the parties will follow up with execution of a work order as soon as
feasible.
3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the
resources needed to perform the work. If a party desires to perform such work, the parties will negotiate
the specific and detailed work tasks and cost. The State will then prepare a work order contract.
Generally, a work order contract will be limited to one specific project/engagement, although "on call"
work orders may be prepared for certain types of services, especially for "Technical Services" items as
identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for
completing work. A work order must be fully executed by the parties prior to work being commenced.
Page 3 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
The Local Government will not be paid for work performed prior to execution of a work order contract
and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work
order contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party's
authorized representative is responsible for administering the work order, and has the authority to
make any decisions regarding the work, and to give and receive any notices required or permitted
under this MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project
Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be
performed under each work order contract. For services not requiring an engineer, the Providing
Party will furnish and assign another responsible employee to be in charge of the project. The
services of the Providing Party under a work order contract may not be otherwise assigned,
sublet, or transferred unless approved in writing by the Requesting Party's authorized
representative. This written consent will in no way relieve the Providing Party from its primary
responsibility for the work.
4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing
specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section
161.39. The work order Contract will require the Local Government to deposit payment in
advance. The costs and expenses will include the current State additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin
work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the
work order contract is fully executed are considered unauthorized and undertaken at the risk of
non-payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the
Providing Party is authorized or permitted to award contracts in connection with any work order,
the Providing Party will require and cause its contractors and subcontractors to comply with all
Federal and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to
all work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all
permits and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance
manuals, policies and operations.
4.2.3. The Providing Party must use State -approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will
apply to all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in
accordance with state law.
Page 4 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold
the State harmless against any loss incurred with respect to the performance of the contracted
work, and must be required to provide evidence of insurance coverage commensurate with project
risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and
regulations, including but not limited to applicable human rights/anti-discrimination laws and
laws concerning the participation of Disadvantaged Business Enterprises in federally -assisted
contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing
rights of way, easement, and construction permits for its portion of the improvements. Each party
will, upon the other's request, furnish copies of right of way certificates, easements, and
construction permits.
4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project
work if such changes do not increase the Requesting Party's cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without
the Requesting Party's written approval, and the execution of a proper amendment to the
applicable work order contract when necessary. The Local Government will tender the processing
and defense of any such claims to the State upon the State's request.
4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the
State's Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk
highway right-of-way, the following will apply:
4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway.
The State may revoke this permit if the work is not being performed in a safe, proper
and skillful manner, or if the contractor is violating the terms of any law, regulation, or
permit applicable to the work. The State will have no liability to the Local Government,
or its contractor, if work is suspended or stopped due to any such condition or concern.
4.3.12.2 The Local Government will require its contractor to conduct all traffic control in
accordance with the Minnesota Manual on Uniform Traffic Control Devices.
4.3.12.3 The Local Government will require its contractor to comply with the terms of all
permits issued for the project including, but not limited to, National Pollutant
Discharge Elimination System (NPDES) and other environmental permits.
4.3.12.4 All improvements constructed on the State's right-of-way will become the property of
the State.
5. Responsibilities of the Requesting Party
Page 5 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or
material in its possession relating to the project that may be of use to the Providing Party in performing
the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will
be promptly returned upon the Requesting Party's request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and
other applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party
finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention
of the Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included
in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the
Proposal for Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party
will promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The
State's normal and customary additives will apply to work performed by the State, unless otherwise
specified in the work order. The State's normal and customary additives will not apply if the parties agree
to a "lump sum" or "unit rate" payment.
7.2. State's Maximum Obligation. The total compensation to be paid by the State to the
Local Government under all work order contracts issued pursuant to this MPC will not
exceed $100,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the
Providing Party's services, and unless otherwise specifically set forth in an applicable work order
contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses
incurred by the Providing Party in performing any work order contract. In those cases where the State
agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no
greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with
and available from the MnDOT District Office. The Local Government will not be reimbursed for travel
and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written
approval for such travel.
7.4. Payment.
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Local Government.
Page 6 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
7.4.2.1. The Local Government will make payment to the order of the Commissioner of
Transportation.
7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT
CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT
AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM
MNDOT.
7.4.2.3. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1028334.
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
7.4.3.1. Generally. The State will promptly pay the Local Government after the Local
Government presents an itemized invoice for the services actually performed and the
State's Authorized Representative accepts the invoiced services. Invoices must be
submitted as specified in the applicable work order, but no more frequently than monthly.
7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and
technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90
percent of the amount due under any work order contract may be paid until the final
product of the work order contract has been reviewed by the State's authorized
representative. The balance due will be paid when the State's authorized representative
determines that the Local Government has satisfactorily fulfilled all the terms of the work
order contract.
8. Conditions of Payment
All work performed by the Providing Party under a work order contract must be performed to the Requesting
Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized
Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing
Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of
federal or state law.
9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order
Contracts
9.1. The Local Government's Authorized Representative for administering this master contract is the Local
Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's
performance. The Local Government's Authorized Representative is also authorized to execute work
order contracts on behalf of the Local Government without approval of each proposed work order
contract by its governing body.
9.2. The Local Government's Project Manager will be identified in each work order contract.
10. State's Authorized Representative and Project Manager
10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has
the responsibility to monitor the State's performance.
10.2. The State's Project Manager will be identified in each work order contract.
Page 7 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment Neither party may assign or transfer any rights or obligations under this MPC or any work
order contract without the prior consent of the other and a fully executed Assignment Contract, executed
and approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party's right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and
contracts between the State and the Local Government. No other understanding regarding this master
contract or any work order contract issued hereunder, whether written or oral may be used to bind either
party -
12. Liability.
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local
Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal
remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any
work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A
Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term
"Contractor" is defined in Minn. Stat. § 11513.03 (subd. 10), and is entitled to the protections afforded to a
"Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that
Minn. Stat. §471.59 subd. la will apply to any work undertaken under this MPC and any work order issued
hereunder.
13. State Audits
Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Local Government and State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under
this MPC and any work order contract, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the Local Government under this MPC and any work order contract.
The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by
either the Local Government or the State.
14.2. Intellectual Property Rights
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and
service marks in the Works and Documents created and paid for under work order contracts.
Works means all inventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, negatives, designs, drawings,
specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by
the Providing Party, its employees, agents, and subcontractors, either individually or jointly with
others in the performance of this master contract or any work order contract. Works includes
"Documents." Documents are the originals of any databases, computer programs, reports, notes,
Page 8 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other
materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees,
agents, or contractors, in the performance of a work order contract. The Documents will be the
exclusive property of the Requesting Parry and all such Documents must be immediately returned
to the Requesting Party by the Providing Parry upon completion or cancellation of the work order
contract. To the extent possible, those Works eligible for copyright protection under the United
States Copyright Act will be deemed to be "works made for hire." The Providing Party
Government assigns all right, title, and interest it may have in the Works and the Documents to
the Requesting Party. The Providing Party must, at the request of the Requesting Parry, execute
all papers and perform all other acts necessary to transfer or record the Requesting Party's
ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting
Parry grants the Providing Party an irrevocable and royalty -free license to use such intellectual
property for its own non-commercial purposes, including dissemination to political subdivisions
of the state of Minnesota and to transportation -related agencies such as the American Association
of State Highway and Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time or actually or constructively reduced
to practice by the Providing Parry, including its employees and subcontractors, in the
performance of the work order contract, the Providing Parry will immediately give the
Requesting Parry's Authorized Representative written notice thereof, and must
promptly furnish the Authorized Representative with complete information and/or
disclosure thereon.
14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary
to ensure that all intellectual property rights in the Works and Documents are the sole
property of the Requesting Parry, and that neither Providing Parry nor its employees,
agents or contractors retain any interest in and to the Works and Documents.
15. Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to
Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an
affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit
such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local
Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must
include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in
the state where it has its principle place of business, then the Contractor must comply with the
requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered
by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and
does not have a certificate of compliance, must certify that it is in compliance with federal affirmative
action requirements.
15.2. Minn. Stat § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan
for the employment of minority persons, women, and qualified disabled individuals approved by the
Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance.
The law addresses suspension or revocation of a certificate of compliance and contract consequences in
that event. A contract awarded without a certificate of compliance may be voided.
15.3. Minn. R. Parts 5000.3400-5000.3600.
Page 9 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules
include, but are not limited to, criteria for contents, approval, and implementation of affirmative
action plans; procedures for issuing certificates of compliance and criteria for determining a
contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and
hearing; annual compliance reports; procedures for compliance review; and contract
consequences for non-compliance. The specific criteria for approval or rejection of an affirmative
action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including,
but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action
requirements for disabled workers:
15.3.2.1. The Contractor must not discriminate against any employee or applicant for
employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment, and otherwise treat
qualified disabled persons without discrimination based upon their physical or mental
disability in all employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with Minn. Stat. Section
363A.36, and the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the commissioner of
the Minnesota Department of Human Rights. Such notices must state the Contractor's
obligation under the law to take affirmative action to employ and advance in
employment qualified disabled employees and applicants for employment, and the
rights of applicants and employees.
15.3.2.5. The Contractor must notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota
Human Rights Act and is committed to take affirmative action to employ and advance
in employment physically and mentally disabled persons.
15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for
noncompliance.
16. Workers' Compensation
Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any
work order contracts issued hereunder, are not intended to constitute an interchange of government employees
under Minn. Stat. § 15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be
Page 10 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
subject to Minn. Stat. § 15.53, such statute will control to the extent of any conflict between the contract and the
statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State's Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public
notices prepared by or for the Local Government individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from a work
order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities
under the Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order
contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of
any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
The parties must make prompt payment of their obligations in accordance with applicable law. As required by
Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the
Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar
days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by
the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month
to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which
requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by
which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work
under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed,
or color, discriminate against the person or persons who are citizens of the United States or resident aliens who
are qualified and available to perform the work to which the employment relates; (2) That no contractor, material
supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any
person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a
violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state,
county, city, town, school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the
terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Local Government. Upon termination, the Local Government and the State will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC
and any work order contracts at any time, with or without cause, upon 30 days written notice to the State.
Page 11 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number: 1028334
Upon termination, the Local Government and the State will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and
any work order contract if it does not obtain funding from the Minnesota legislature or other funding
source; or if funding cannot be continued at a level sufficient to allow for the payment of the services
covered here. Termination or suspension must be by written or fax notice to the Local Government. The
State is not obligated to pay for any services that are provided after notice and effective date of
termination or suspension. However, the Local Government will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the master contract or work order is terminated because of the decision of
the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the
Local Government notice of the lack of funding within a reasonable time of the State's receiving that
notice.
22. Data Disclosure
Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of
its federal employer tax identification number, and/or Minnesota tax identification number, already provided to
the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.
23. Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors
and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this
MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such
claims to the State or allow the State to participate in the defense of such claims. The Local Government will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause
of action asserted is based on its own acts or omissions in performing or supervising the work. The Local
Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution
process. The State will not be responsible for any judgment entered against the Local Government, and will not be
bound by the terms of any settlement entered into by the Local Government except with the written approval of
the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
[The balance of this page has intentionally been left blank — signature page follows]
Page 12 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
LOCAL GOVERNMENT
The Local Government certifies that the appropriate
person(s) have executed the contract on behalf of the
Local Government as required by applicable
ordinance, resolution, or charter provision.
CITY OF HUTCHINSON
Lo
Title: Mayor
Date: 06/13/2017
MnDOT Contract Number: 1028334
COMMISSIONER OF TRANSPORTATION
By:
(with delegated authority)
Title Assistant Commissioner or
Assistant Division Director
Date:
By:
Title City Administrator By:
Date: 06/13/2017 Date:
Page 13 of 13
CM Master Partnership Contract (CM Rev. 04/10/2017)
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Page 1 of 4 MPC Program FY 2017-2022 Date: 04/20/2017
Exhibit A - Table of Tech Sery
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Source
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes administering
central facilities maintenance and facilities capital budgets.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
0400 Equipment Calibration -Mat Insp
Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects,
0600 General Training Attended
All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including
conferences that primarily provide training.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for
use in the development of Final Design Plans and Special Provisions. Lab work includes R -value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and
triaxial tests.
1312 Tech Assist -Outside MnDOT
Use when providing technical assistance to an organization external to MnDOT.
1421 Bridge Management System
Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
Operation/Administration/Data
1434 Structural Metals Inspection -Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related
to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and
technical services in the field and offices) for local agency ro'ects.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when
providing traffic operations technical assistance external to MnDOT.
1513 Traffic Management System (TMS)
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
Integration
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical support.
Includes tasks to meet needs external to MnDOT.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample.
1721 Traffic Sign Work Orders
Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
If a source code is not on this list, a work order is needed.
C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx
Page 2 of 4 MPC Program FY 2017-2022 Date: 04/20/2017
Exhibit A - Table of Tech Sery
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Source
49
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts
and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical
services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight
deflectometer (FWD) testing.
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre -stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple
projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by
suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field
and offices).
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
1738 State Project - Specific Materials
Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of
Inspection
such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to
structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and
technical services in the field and offices).
1800 Field Inspection
Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as
gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests,
but not the actual laboratory verifications,
1870 Traffic Signal Maintenance
This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements.
Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti -icing systems, truck roll-over warning systems and
electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management
system, signal systems, or roadway lighting systems.
If a source code is not on this list, a work order is needed.
C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx
Page 3 of 4 MPC Program FY 2017-2022 Date: 04/20/2017
Exhibit A - Table of Tech Sery
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Source
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring
or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field
data, processing data, and developing new techniques for collection.
2102 Patching
Related source type codes: 2103 -Heavy patching, 2104 -Bituminous paving, 2105 -Blow patching
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I -beams, and overhead sign
structures. Includes related cable locates and traffic control. Does not include structural work.
2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement.
includes related traffic control.
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re -sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I -beams. Includes related cable locates and traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
2624 Indirect Expense
Indirect shop expenses and shop equipment. Allocate to mobile equipment.
2629 Supplies & Small Tools
Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or
slab overlays and replacements and underside deck delamination. Includes related traffic control.
2822 Miscellaneous Bridge Maintenance
This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or
structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light
bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related
traffic control.
2824 Bridge Inspection -Non -Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of
the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2828 Bridge Inspection -Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture -Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with
9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use
Source Code 2824.
If a source code is not on this list, a work order is needed.
C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx
Page 4 of 4 MPC Program FY 2017-2022 Date: 04/20/2017
Exhibit A - Table of Tech Sery
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Source
Tatle. id L
Doverentenal
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types
of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t -beams, precast channels, and box girders.
Includes related traffic control.
2830 Bridge Bearing Assemblies
All tasks related to the repair and maintenance of fixed or expansion -bearing assemblies on bridges. Includes related traffic
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel
protection repair that is not part of sloe protection. Includes related traffic control.
2838 Bridge Deck Crack Sealing
All tasks related to deck crack sealing. Includes related traffic control.
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures.
Includes labor, equipment, materials, and traffic control.
3000 Class Of Frequency Coordination
Use for frequency coordination done with APCO, AASHTO or FCCA.
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal
Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3009 Radio/Electronic System Upgrade &
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
Installation
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
3027 Radio Programming
My
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used
as fixed base radios as part of the Inter -OPS stem (Use 3009),
3049 On Call Electronic Communications
To be used by Statewide Radio Communications personnel to record on-call time.
Infrastructure Maintenance
If a source code is not on this list, a work order is needed.
C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Approval of Improvement Project Change Orders
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff
Consent Agenda
Time Requested (Minutes): 0
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
As construction has proceeded on the below listed projects there has been additional work, project scope revisions,
and/or construction completion date changes. The items specified below have been identified and deemed necessary
to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders
and/or Supplemental Agreements are proposed as noted:
o Change Order No. 1 — Letting No. 8/Project No. 17-08 — WWTF Membrane Bioreactor Cassettes Replacements
This Change Order addresses the replacement of current project specifications Document 0801 Supplementary
Conditions with the attached revised Supplementary Conditions document, replacement of Document 0700 Standard
General Conditions, City revisions to Bidder's Clarifications Document and clarification of terminology. The relatively
minor revisions within the proposed document address issues from the Contractor's perspective in regards to the
equipment procurement process and expectations while maintaining conditions pertaining to the equipment
installation work. Due to the slight delay in commencing this project, the contract final completion date will be
extended from December 15, 2017, to December 31, 2017. This Change Order results in no increase or decrease to
the construction bid amount.
BOARD ACTION REQUESTED:
Approval of Change Order
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY CENTER
City of ENGINEERING DEPARTMENT
- 111 HASSAN STREET SE, HUITCINSON MN 55350
PHONE: 320-234-4209 FAX: 320-234-4240
LETTING NO. 8 - PROJECT NO. 17-08 (L8P17-08)
Dated: 06/07/2017 CHANGE ORDER NO. 1 Page 1 of 1
Project
City of Hutchinson Wastewater Treatment Facility, 1300 Adams ST SE, Hutchinson MN 55350
Location:
CONTRACTOR: ZENON Environmental Corporation, d/b/a GE Water & Process Technologies, 3239 Dunda St West, Oakville ON 1_6M4132
Canada / 905-465-3030 / tina.st.pierre@ge.com
Contract
$620,337.00
Original Completion: 12/15/2017
Revised Completion Date: 12/31/2017
Amount:
DescriptionThis
Change Order addresses changes in the General Conditions &Supplementary Conditions ,revisions to Bidder's
of Change:
Clarifications Document and contract/specifications terminology clarifications
In accordance with the terms of this Contract, you are hereby authorized and instructed to pertorm the work as altered by the following
provisions.
1. The attached Doc. 00700, Standard General Conditions for Procurement Contracts, replaces Doc. 0800 - Standard General
Conditions of the Construction Contract.
2. The attached Doc. 00800, Supplementary Conditions, replaces Doc. 0801 - Supplementary Conditions to EJCDC C-700 Standard
General Conditions of the Construction Contract - 2007 Edition.
3. City Revisions to Bidder's Clarifications Document: The City of Hutchinson has indicated by marking with a red "X" through portions of the
attached Bidder's Clarifications document, items that are not acceptable to the City of Hutchinson and will not be adhered to.
4. Clarification of Terminology:
"Owner" and "Buyer" shall have the same meaning throughout the Contract Documents.
"Contractor", "Seller", and "Supplier" shall have the same meaning throughout the Contract Documents.
"Proposal" and "Bid" shall have the same meaning throughout the Contract Documents.
ORIGINAL
CONTRACT AMOUNT
PREVIOUS ADDITIONS/DEDUCTIONS
THIS ADDITION/DEDUCTION
TOTAL
$620,337.00if $0.00 $0.00 $620,337.00
CHANGE IN CONTRACT TIME (check one)
Due to this change the Contract Time:
a. [ ] Is Increased by Working Days b. [ ] Is Not Changed
[ ] Is Decreased by Working Days
[ X ] Is Increased by 16 Calendar Days c. [ ] May be revised if work affected the controlling operation.
[ ] Is Decreased by Calendar Days
Approved:
Approved:
Contractor - ZENON Environmental Corp,
City of Hutchinson - Mayor: Gary Forcier
d/b/a GE Water & Process Technologies
Dated:
Dated: 06/13/2017
Approved:
Approved:
City of Hutchinson - City Engineer: Kent Exner
City of Hutchinson - City Administrator: Matt Jaunich
Dated:
Dated: 06/13/201
This document has important legal consequences; consultation with an attorney is encouraged with respect to
its use or modification. This document should be adapted to the particular circumstances of the contemplated
Project and the Controlling Law.
STANDARD GENERAL CONDITIONS
FOR PROCUREMENT CONTRACTS
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
A C E C National Society of ASCEof
AmericanSociety
Professional EngineersAawxa[['AN (-OUY:I1. of fTL1NF],RIN4 (,,1MPANIF..$ ftft 0n01Eng►RgersiRPrivateftt*ce Civil Engineers
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
and the
Construction Specifications Institute
IV
EJCDC No. P-700 (2000 Edition)
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-1
NOTE:
These Standard General Conditions For Procurement Contracts have been prepared for use with the Suggested
Instructions to Bidders For Procurement Contracts (EJCDC No. P-200 2000 Edition), the Suggested Form of
Agreement Between Buyer and Seller For Procurement Contracts (EJCDC No. P520, 2000 Edition), and the
Guide to Preparation of Supplementary Conditions For Procurement Contracts (EJCDC No. P-800, 2000
Edition). Their provisions are interrelated and a change in one may necessitate a change in the others.
Additional information concerning the use of the EJCDC Procurement Documents may be found in the
Commentary on Procurement Documents (EJCDC No. P-001).
© Copyright 2000
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 - 15th Street N.W., Washington, D.C. 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4344
EJCDC publications may be ordered from any of the three sponsoring organizations above and from CSI
headquarters at 99 Canal Center Plaza, Suite 300, Alexandria, VA 22314.
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-2
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................................................
00700-5
1.01
Defined Terms........................................................................................................................................
00700-5
1.02
Terminology...........................................................................................................................................00700-6
5.03
ARTICLE 2 - PRELIMINARY MATTERS...............................................................................................................
00700-7
2.01
Delivery of Bonds...................................................................................................................................
00700-7
2.02
Copies of Documents ..............................................................................................................................
00700-7
2.03
Commencement of Contract Times; Notice to Proceed............................................................................
00700-7
2.04
Designated Representatives....................................................................................................................
00700-7
2.05
Before Starting Fabrication/Assembly of Goods......................................................................................
00700-7
2.06
Progress Schedule..................................................................................................................................
00700-7
2.07
Preliminary Conference.........................................................................................................................
00700-7
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING................................................................
00700-7
3.01
Intent.....................................................................................................................................................
00700-7
3.02
Laws and Regulations, Standards, Specifications and Codes...................................................................
00700-8
3.03
Reporting and Resolving Discrepancies..................................................................................................
00700-8
3.04
Amending and Clarifying Contract Documents.......................................................................................
00700-8
ARTICLE 4 - BONDS AND INSURANCE..............................................................................................................
00700-8
4.01
Bonds.....................................................................................................................................................00700-8
4.02
Insurance...............................................................................................................................................
00700-8
ARTICLE 5 - SELLER'S RESPONSIBILITIES........................................................................................................ 00700-9
5.01
Supervision and Superintendence...........................................................................................................
00700-9
5.02
Labor, Materials and Equipment............................................................................................................
00700-9
5.03
Compliance with Laws and Regulations, Standards, Specifications and Codes ........................................
00700-9
5.04
Or Equals...............................................................................................................................................
00700-9
5.05
Taxes.....................................................................................................................................................
00700-9
5.06
Shop Drawings and Samples...................................................................................................................
00700-9
5.07
Continuing Performance......................................................................................................................
00700-10
5.08
Seller's Warranties and Guarantees.....................................................................................................
00700-10
5.09
Indemnification....................................................................................................................................
00700-11
ARTICLE 6 - SHIPPING AND DELIVERY...........................................................................................................
00700-11
6.01
Shipping...............................................................................................................................................00700-11
6.02
Delivery...............................................................................................................................................00700-11
6.03
Risk of Loss..........................................................................................................................................
00700-11
ARTICLE 7 - CHANGES: SCHEDULE AND DELAY...........................................................................................
00700-12
7.01
Changes in the Goods and Special Services..........................................................................................
00700-12
7.02
Changes in Laws and Regulations........................................................................................................
00700-12
7.03
Changing Contract Price or Contract Times.........................................................................................
00700-12
ARTICLE 8 - BUYER'S RIGHTS.......................................................................................................................... 00700-12
8.01 Inspections and Testing........................................................................................................................ 00700-12
8.02 Non -Conforming Goods or Special Services......................................................................................... 00700-13
8.03 Correction Period................................................................................................................................ 00700-14
ARTICLE 9 - ROLE OF ENGINEER...................................................................................................................... 00700-14
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-3
9.01
Duties and Responsibilities...................................................................................................................
00700-14
9.02
Clarifications and Interpretations.........................................................................................................
00700-14
9.03
Authorized Variations...........................................................................................................................
00700-14
9.04
Rejecting Non -Conforming Goods and Special Services........................................................................
00700-14
9.05
Decisions on Requirements of Contract Documents..............................................................................
00700-14
9.06
Claims and Disputes.............................................................................................................................00700-14
10.06
ARTICLE 10 -PAYMENT .....................................................................................................................................
00700-15
10.01
Applications for Progress Payments.....................................................................................................
00700-15
10.02
Review of Applications for Progress Payments......................................................................................
00700-15
10.03
Amount and Timing of Progress Payments............................................................................................
00700-15
10.04
Suspension of or Reduction in Payment.................................................................................................
00700-16
10.05
Final Application for Payment..............................................................................................................
00700-16
10.06
Final Payment......................................................................................................................................
00700-16
10.07
Waiver of Claims..................................................................................................................................
00700-16
ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION............................................................
00700-16
11.01
Cancellation.........................................................................................................................................
00700-16
11.02
Suspension of Performance by Buyer....................................................................................................
00700-16
11.03
Suspension of Performance by Seller....................................................................................................
00700-17
11.04
Breach and Termination.......................................................................................................................
00700-17
ARTICLE 12 - LICENSES AND FEES...................................................................................................................
00700-17
12.01
Intellectual Property and License Fees.................................................................................................
00700-17
12.02
Seller's Infringement............................................................................................................................
00700-17
12.03
Buyer's Infringement............................................................................................................................
00700-18
12.04
Reuse of Documents.............................................................................................................................
00700-18
ARTICLE 13 - DISPUTE RESOLUTION............................................................................................................... 00700-18
13.01 Dispute Resolution Method................................................................................................................... 00700-18
ARTICLE 14 - MISCELLANEOUS........................................................................................................................
00700-18
14.01
Giving Notice.......................................................................................................................................00700-18
14.02
Controlling Law...................................................................................................................................
00700-18
14.03
Computation of Time............................................................................................................................
00700-19
14.04
Cumulative Remedies...........................................................................................................................
00700-19
14.05
Survival of Obligations.........................................................................................................................
00700-19
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-4
EJCDC STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS
ARTICLE I — DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Whenever used in the Bidding Requirements or
Contract Documents and printed with initial capital letters,
the terms listed below will have the meanings indicated
which are applicable to the singular or plural thereof. In
addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references
to identified articles and paragraphs, and the titles of other
documents or forms.
1. Addenda --Those written or graphic instruments
issued prior to the opening of Bids in accordance with the
Bidding Requirements which clarify or change the
Bidding Requirements or the proposed Contract
Documents.
2. Agreement --The written instrument signed by both
Buyer and Seller covering the Goods and Special Services
and which lists the Contract Documents in existence on
the Effective Date of the Agreement.
3. Application for Payment --The form acceptable to
Buyer which is used by Seller in requesting progress and
final payments and which is accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Bid --An offer or proposal submitted on the
prescribed form setting forth the prices for the Goods and
Special Services to be provided.
5. Bidder --A person who submits a Bid directly to
Buyer.
6. Bidding Documents --The Bidding Requirements
and the proposed Contract Documents (including all
Addenda).
7. Bidding Requirements --The Advertisement or
Invitation to Bid, Instructions to Bidders, Form of Bid
security, if any, and Bid Form with any supplements.
8. Buyer --The person or public entity purchasing the
Goods and Special Services.
9. Change Order --A document recommended by
Engineer which is signed by Seller and Buyer and
authorizes an addition, deletion, or revision to the
Contract Documents or an adjustment in the Contract
Price or the Contract Times, issued on or after the
Effective Date of the Agreement.
10. Claim --A written demand or assertion by Buyer or
Seller seeking an adjustment of Contract Price or Contract
Times, or both, or other relief with respect to the terms of
the Contract.
11. Contract --The entire and integrated written
agreement between Buyer and Seller concerning the
Goods and Special Services. The Contract supersedes
prior negotiations, representations, or agreements,
whether written or oral.
12. Contract Documents --Those items listed in the
Agreement. Only printed or hard copies of the items
listed in the Agreement are Contract Documents. Files in
electronic media format of text, data, graphics, and the
like are not Contract Documents, and may not be relied
on by Seller. Approved Shop Drawings and other Seller's
submittals are not Contract Documents.
13. Contract Price-- The moneys payable by Buyer to
Seller for furnishing the Goods and Special Services in
accordance with the Contract Documents as stated in the
Agreement.
14. Contract Times --The times stated in the Agreement
by which the Goods must be delivered and Special
Services must be furnished.
15. Drawings --That part of the Contract Documents
prepared or approved by Engineer which graphically
shows the scope, intent, and character of the Goods and
Special Services to be furnished by Seller.
16. Effective Date of the Agreement --The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
17. Engineer --The person designated as such in the
Agreement.
18. Field Order --A written order issued by Engineer
which requires minor changes in the Goods or Special
Services but which does not involve a change in the
Contract Price or Contract Times.
19. General Requirements --Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
20. Goods --The tangible and movable personal
property that is described in the Contract Documents,
regardless of whether the property is to be later attached
to realty.
21. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-5
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
22. Milestone --A principal event specified in the
Contract Documents relating to an intermediate
completion date or time prior to the Contract Times.
23. Notice of Award --The written notice by Buyer to
the apparent Successful Bidder stating that upon timely
compliance by the apparent Successful Bidder with the
conditions precedent listed therein, Buyer will sign and
deliver the Agreement.
24. Notice to Proceed-- A written notice given by
Buyer to Seller fixing the date on which the Contract
Times commence to run and on which Seller shall start to
perform under the Contract.
25. Point of Destination --The specific address of the
location where delivery of the Goods shall be made as
stated in the Agreement.
26. Project --The total undertaking of which the Goods
and Special Services to be provided under the Contract are
a part.
27. Project Manual --The bound documentary
information prepared for bidding and furnishing the
Goods and Special Services. A listing of the contents of
the Project Manual, which may be bound in one or more
volumes, is contained in the table(s) of contents.
28. Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Goods and which establish the
standards by which such portion of the Goods or Special
Services will be judged.
29. Seller --The person furnishing the Goods and
Special Services.
30. Shop Drawings --All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Seller and submitted by Seller to illustrate some portion of
the Goods or Special Services.
31. Special Services --Services associated with the
Goods to be furnished by Seller as required by the
Contract Documents.
32. Specifications --That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards and
workmanship as applied to the furnishing of the Goods
and Special Services, and certain administrative details
applicable thereto.
33. Successful Bidder --The lowest responsible Bidder
submitting a responsive Bid, to whom Buyer makes an
award.
34. Supplementary Conditions --That part of the
Contract Documents which amends or supplements these
General Conditions.
35. Written Amendment --A written statement
modifying the Contract Documents, signed by Buyer and
Seller on or after the Effective Date of the Agreement and
normally dealing with the administrative aspects of the
Contract Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered," "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Goods or Special Services. It is
intended that such exercise of professional judgment,
action or determination will be solely to evaluate, in
general, the Goods or Special Services for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective shall not be effective to assign to
Engineer any duty or authority to supervise or direct the
furnishing of Goods or Special Services or any duty or
authority to undertake responsibility contrary to any other
provision of the Contract Documents.
2. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
3. The word "non -conforming" when modifying the
words "Goods" or "Special Services", refers to Goods or
Special Services that fail to conform to the Contract
Documents.
4. The word "receipt" when referring to the Goods,
shall mean the physical taking and possession by the
Buyer under the conditions specified in Paragraph
8.01.13.3.
�
1. The word "day" shall constitute a calendar day of
24 hours measured from midnight to the next midnight.
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-6
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When Seller delivers the executed Agreements to
Buyer, Seller also shall deliver such bonds as Seller may be
required to furnish.
2.02 Copies of Documents
A. Buyer shall furnish Seller up to five copies of the
Contract Documents. Additional copies will be furnished
upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
2.04 Designated Representatives
A. Buyer and Seller shall each designate its
representative at the time the Agreement is signed. Each
representative shall have full authority to act on behalf of
and make binding decisions in any matter arising out of or
relating to the Contract.
2.05 Before Starting Fabrication/Assembly of Goods
A. Seller's Review of Contract Documents: Before
commencing performance of the Contract, Seller shall
carefully study and compare the Contract Documents and
check and verify pertinent requirements therein and, if
specified, all applicable field measurements. Seller shall
promptly report in writing to Buyer and Engineer any
conflict, error, ambiguity or discrepancy which Seller may
discover and shall obtain a written interpretation or
clarification from Engineer before proceeding with any
work affected thereby.
2.06 Progress Schedule
A. Within 15 days after the Contract Times start to run,
Seller shall submit to Buyer and Engineer an acceptable
progress schedule of activities, including at a minimum,
Shop Drawing and Sample submittals, tests, and deliveries
as required by the Contract Documents. No progress
payment will be made to Seller until an acceptable schedule
is submitted to Buyer and Engineer.
B. The progress schedule will be acceptable to Buyer
and Engineer if it provides an orderly progression of the
submittals, tests, and deliveries to completion within the
specified Milestones and the Contract Times. Such
acceptance will not impose on Buyer or Engineer
responsibility for the progress schedule, for sequencing,
scheduling, or progress of the work nor interfere with or
relieve Seller from Seller's full responsibility therefor. Such
acceptance shall not be deemed to acknowledge the
reasonableness and attainability of the schedule.
2.07 Preliminary Conference
A. Within 20 days after the Contract Times start to run, a
conference attended by Seller, Buyer, Engineer and others
as appropriate will be held to establish a working
understanding among the parties as to the Goods and
Special Services and to discuss the schedule referred to in
Paragraph 2.06.A., procedures for handling Shop Drawings
and other submittals, processing Applications for Payment,
and maintaining required records.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT
AND AMENDING
3.01 Intent
A. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all.
B. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided, whether or not specifically called for, at no
additional cost to Buyer.
C. Clarifications and interpretations of, or notifications
of minor variations and deviations in, the Contract
Documents, will be issued by Engineer as provided in
Article 9.
3.02 Laws and Regulations, Standards, Specifications and
Codes
A. Reference to standards, specifications, manuals, or
codes of any technical society, organization, or association,
or to Laws and Regulations, whether such reference be
specific or by implication, shall mean the standard,
specification, manual, code, or Laws and Regulations in
effect at the time of opening of Bids (or on the Effective
Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated in the Contract Documents.
B. No provision of any such standard, specification,
manual or code, or any instruction of a supplier shall be
effective to change the duties or responsibilities of Buyer or
Engineer, or any of their subcontractors, consultants, agents,
or employees from those set forth in the Contract
Documents, nor shall any such provision or instruction be
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-7
effective to assign to Buyer or Engineer, or any of their
consultants, agents, or employees any duty or authority to
supervise or direct the performance of Seller's obligations or
any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies: If, during the performance
of the Contract, Seller discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents or
between the Contract Documents and any provision of any
Law or Regulation applicable to the performance of the
Contract or of any standard, specification, manual or code,
or of any instruction of any supplier, Seller shall promptly
report it to Buyer in writing for Engineer's review. Seller
shall not proceed with the furnishing of the Goods or
Special Services affected thereby until an amendment to or
clarification of the Contract Documents has been issued.
Seller shall not be liable to Buyer or Engineer for failure to
report any such conflict, error, ambiguity, or discrepancy
unless Seller knew or reasonably should have known
thereof.
B. Resolving Discrepancies: Except as may be
otherwise specifically stated in the Contract Documents, the
provisions of the Contract Documents shall take precedence
in resolving any conflict, error, ambiguity, or discrepancy
between the provisions of the Contract Documents and:
1. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or
2. the provisions of any Laws or Regulations
applicable to the furnishing of the Goods and Special
Services (unless such an interpretation of the provisions of
the Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Clarifying Contract Documents
A. The Contract Documents may be amended to provide
for additions, deletions, and revisions to the Goods or
Special Services or to modify the terms and conditions
thereof by a Written Amendment or a Change Order.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Goods or Special Services not affecting Contract Price or
Contract Times may be authorized, by one or more of the
following ways: 1) a Field Order; 2) Engineer's approval of
a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3)
Engineer's written interpretation or clarification.
ARTICLE 4 - BONDS AND INSURANCE
4.01 Bonds
A. Seller shall furnish performance and payment bonds,
each in an amount at least equal to the Contract Price, to
Buyer. The bonds shall be delivered in accordance with
Paragraph 2.01 and shall remain in effect at least one year
after the date final payment is due, except as provided
otherwise by Laws or Regulations.
B. The bonds shall be issued in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations and shall be executed by a surety
named in the current list of "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies" as
published in Circular 570 by the Financial Management
Service, Surety Bond Branch, U.S. Department of the
Treasury. Bonds signed by an agent must be accompanied
by a certified copy of such agent's authority to act.
C. If the surety on a bond is declared bankrupt or
becomes insolvent or its right to do business is terminated in
the state where the Project is located or it ceases to meet the
requirements of Paragraph 4.01.13, Seller shall provide
another bond and surety which comply with those
requirements within 20 days, at Seller's expense.
4.02 Insurance
A. Seller shall provide insurance of the types and
coverages and in the amounts stipulated in the
Supplementary Conditions.
ARTICLE 5 - SELLER'S RESPONSIBILITIES
5.01 Supervision and Superintendence
A. Seller shall be solely responsible for the means,
methods, techniques, sequences, and procedures used in
performing its obligations. Seller shall be responsible to see
that the completed Goods and Special Services conform to
the Contract Documents.
5.02 Labor, Materials and Equipment
A. Seller shall provide competent, qualified and trained
personnel in all aspects of its performance of the Contract.
B. All equipment, products and material incorporated
into the Goods shall be as specified, or if not specified, shall
be new, of good quality and protected, assembled, used,
connected, applied, cleaned and conditioned in accordance
with the original manufacturer's instructions, except as
otherwise may be provided in the Contract Documents.
5.03 Compliance with Laws and Regulations, Standards,
Specifications and Codes
A. Seller shall comply with all Laws and Regulations
applicable to the furnishing of the Goods and Special
Services.
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-8
5.04 Or Equals
A. Whenever an item of material or equipment to be
incorporated into the Goods is specified or described in the
Contract Documents by using the name of a proprietary item
or the name of a particular supplier or manufacturer, the
specification or description is intended to establish the type,
function, appearance, and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent, or "or -equal" item is
permitted, other items of material or equipment or material
or equipment of other suppliers or manufacturers may be
submitted to Buyer for Engineer's review.
1. If in Engineer's sole discretion, such an item of
material or equipment proposed by Seller is functionally
equal to that named and sufficiently similar so that no
change in related work will be required, it may be con-
sidered by Engineer as an "or -equal" item.
2. For the purposes of this paragraph, a proposed item
of material or equipment may be considered functionally
equal to an item so named if:
a. in the exercise of reasonable judgment,
Engineer determines that: 1) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; and 2) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole; and
b. Seller certifies that: 1) there is no increase in
any cost including capital, installation or operating to
Buyer; and 2) the proposed item will conform
substantially, even with deviations, to the detailed
requirements of the item named in the Contract
Documents.
B. Engineer's Evaluation: Engineer will be allowed a
reasonable time within which to evaluate each proposal or
submittal made pursuant to Paragraph 5.04.A. Engineer will
be the sole judge of acceptability. No "or -equal" will be or-
dered, manufactured or utilized until Engineer's review is
complete, which will be evidenced by an approved Shop
Drawing. Engineer will advise Buyer and Seller in writing
of any negative determination. Notwithstanding Engineer's
approval of an "or -equal" item, Seller shall remain
obligated to comply with the requirements of the Contract
Documents.
C. Special Guarantee: Buyer may require Seller to
furnish at Seller's expense a special performance guarantee
or other surety with respect to any such proposed "or -
equal."
D. Data: Seller shall provide all data in support of any
such proposed "or -equal" at Seller's expense.
5.05 Taxes
A. Seller shall be responsible for all taxes and duties
arising out of the sale of the Goods and the furnishing of
Special Services. All taxes are included in the Contract
Price.
5.06 Shop Drawings and Samples
A. Seller shall submit Shop Drawings and Samples to
Buyer for Engineer's review and approval in accordance
with the schedule required in Paragraph 2.06.A. All
submittals will be identified as required and furnished in the
number of copies specified in the Contract Documents. The
data shown on the Shop Drawings will be complete with
respect to quantities, dimensions, specified performance and
design criteria, materials, and similar data to show Engineer
the services, materials, and equipment Seller proposes to
provide.
B. Where a Shop Drawing or Sample is required by the
Contract Documents, any related work performed prior to
Engineer's approval of the pertinent submittal will be at the
sole expense and responsibility of Seller.
C. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
Seller shall have determined and verified:
a. all field measurements (if required), quantities,
dimensions, specified performance criteria, installation
requirements, materials, catalog numbers, and similar
information with respect thereto; and
b. that all materials are suitable with respect to
intended use, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the furnishing
of Goods and Special Services.
2. Seller shall also have reviewed and coordinated
each Shop Drawing or Sample with the Contract
Documents.
3. Each submittal shall include a written certification
from Seller that Seller has reviewed the subject submittal
and confirmed that it is in compliance with the
requirements of the Contract Documents. Both Buyer and
Engineer shall be entitled to rely on such certification
from Seller.
4. With each submittal, Seller shall give Buyer and
Engineer specific written notice of any variations that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both in a
written communication separate from the submittal and by
specific notation on each Shop Drawing or Sample.
D. Engineer's Review
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-9
1. Engineer will provide timely review of Shop
Drawings and Samples.
2. Engineer's approval of Shop Drawings or Samples
will be subject to the standard of Paragraph 1.02.A.1.
Engineer's approval will not relieve Seller from
responsibility for any variation from the requirements of
the Contract Documents unless Seller has in writing called
Engineer's attention to each such variation at the time of
each submittal as required by Paragraph 5.06.C.1. and
Engineer has given written approval of each such varia-
tion by specific written notation thereof incorporated in or
accompanying the Shop Drawing or Sample approval.
E. Resubmittal Procedures
1. Seller shall make corrections required by Engineer
and shall return the required number of corrected copies
of Shop Drawings and submit as required new Samples
for review and approval. Seller shall direct specific
attention in writing to any revisions other than the
corrections called for by Engineer on previous submittals.
5.07 Continuing Performance
A. Seller shall adhere to the progress schedule
established in accordance with Paragraph 2.06.A., and the
Goods shall be delivered and the Special Services furnished
within the Contract Times specified in the Agreement.
B. Seller shall carry on the work and adhere to the
progress schedule during all disputes or disagreements with
Buyer. No work shall be delayed or postponed pending
resolution of any disputes or disagreements.
5.08 Seller's Warranties and Guarantees
A. Seller warrants and guarantees to Buyer that the title
to the Goods conveyed shall be proper, its transfer rightful,
and free from any security interest, lien, or other
encumbrance.
B. Seller warrants and guarantees to Buyer that all
Goods and Special Services will conform with the Contract
Documents, including any Samples approved by Engineer,
and the Goods will be of merchantable quality. Engineer
shall be entitled to rely on representation of Seller's
warranty and guarantee.
C. Seller's warranty and guarantee hereunder excludes
defects or damage caused by:
1. abuse, improper modification or improper
maintenance or operation by persons other than Seller, or
2. normal wear and tear under normal usage.
D. Seller's obligation to furnish the Goods and Special
Services in accordance with the Contract Documents shall
be absolute. None of the following will constitute an
acceptance of Goods or Special Services that are non-
conforming, or a release of Seller's obligation to furnish the
Goods and Special Services in accordance with the Contract
Documents:
1. observations by Buyer or Engineer;
2. recommendation by Engineer or payment by Buyer
of any progress or final payment;
3. use of the Goods by Buyer;
4. any acceptance by Buyer (subject to the provisions
of Paragraph 8.02.D.1) or any failure to do so;
5. the issuance of a notice of acceptance by Buyer
pursuant to the provisions of Article 8;
6. any inspection, test or approval by others; or
7. any correction of non -conforming Goods or Special
Services by Buyer.
E. Buyer shall within a reasonable time notify Seller of
any breach of Seller's warranties or guarantees. If Buyer
receives notice of a suit or claim as a result of such breach,
Buyer also may give Seller notice in writing to defend such
suit or claim. If Seller fails to defend such suit or claim,
Seller will be bound in any subsequent suit or claim against
Seller by Buyer by any factual determination in the prior
suit.
5.09 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Seller shall indemnify and hold harmless
Buyer, Engineer, and their officers, directors, shareholders,
partners, employees, agents, consultants, contractors and
subcontractors from any and all claims, costs, losses, and
demands or judgments for damages for claims (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and all court or arbitration
or other dispute resolution costs) caused by, arising out of or
relating to a negligent act or omission or the breach of any
obligation under this Contract by Seller, or its officers,
directors, shareholders, partners, employees, agents,
consultants, contractors or subcontractors, or anyone for
whom Seller is responsible, provided that any such claim,
cost, loss, or damage;
1. is attributable to bodily injury, sickness, disease, or
death, or to injury to or destruction of tangible property
(other than the Goods or Special Services themselves),
including the loss of use resulting therefrom; and
2. is caused in whole or in part by any negligent act or
omission of Seller or any individual or entity directly or
indirectly employed to furnish any of the Goods or
Special Services or anyone for whose acts Seller may be
liable, regardless of whether or not caused in part by any
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-10
negligence or omission of an individual or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such individual or
entity.
B. The indemnification obligations of Seller under
paragraph 5.09.A shall not extend to the liability of
Engineer and Engineer's consultants or to the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give
them, if that is the primary cause of the injury or damage.
ARTICLE 6 - SHIPPING AND DELIVERY
6.01 Shipping
A. Seller shall select the carrier and bear all costs of
packaging, transportation, insurance, special handling and
any other costs associated with shipment and delivery.
6.02 Delivery
A. Seller shall deliver the Goods F.O.B. the Point of
Destination in accordance with the Contract Times set forth
in the Agreement, or other date agreed to by Buyer and
Seller.
B. Seller shall provide written notice to Buyer at least 15
days before shipment of the manner of shipment and the
anticipated delivery date. The notice shall also include any
instructions concerning special equipment or services
required at the Point of Destination to unload and care for
the Goods. Seller shall also require the carrier to give Buyer
at least 24 hours notice by telephone prior to the anticipated
hour of delivery.
C. Buyer will be responsible and bear all costs for
unloading the Goods from carrier.
D. Buyer will assure that adequate facilities are available
to receive delivery of the Goods during the Contract Times
set forth in the Agreement, or another date agreed by Buyer
and Seller.
E. No partial deliveries shall be allowed, unless
permitted or required by the Contract Documents or agreed
to in writing by Buyer.
6.03 Risk of Loss
A. Risk of loss and insurable interests transfer from
Seller to Buyer upon Buyer's receipt of the Goods.
B. Notwithstanding the provisions of Paragraph 6.03.A,
if Buyer rejects the Goods as non -conforming, the risk of
loss on such Goods shall remain with Seller until Seller
corrects the non -conformity or Buyer accepts the Goods.
ARTICLE 7 - CHANGES: SCHEDULE AND DELAY
7.01 Changes in the Goods and Special Services
A. Buyer may at any time, without notice to any surety,
make changes in the Contract Documents within the general
scope of the Contract.
B. If any such change or action by Buyer affects the
Contract Price or Contract Times, Seller shall notify Buyer
within 15 days after the occurrence of the event giving rise
thereto, and written supporting data will be submitted to
Buyer within 45 days after such occurrence. If Seller fails
to do so, Seller waives any Claim for such adjustment.
C. Seller shall not suspend performance while Buyer and
Seller are in the process of making such changes and any
related adjustments.
7.02 Changes in Laws and Regulations
A. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the
cost or time of furnishing the Goods and Special Services
shall be the subject of an adjustment in Contract Price or
Contract Times. If Buyer and Seller are unable to agree on
entitlement to or on the amount or extent, if any, of any such
adjustment, a Claim may be made therefor as provided in
Paragraph 9.06.A.
7.03 Changing Contract Price or Contract Times
A. The Contract Price or Contract Times may only be
changed by:
1. a Change Order;
2. a Written Amendment; or
3. a written unilateral order of Buyer, in which case
Seller shall be entitled to an equitable adjustment in
Contract Price or Contract Times for any reasonable and
necessary costs or delays incurred by Seller to
accommodate such a change.
B. If Seller is prevented from delivering the Goods or
performing the Special Services within the Contract Times
for any unforeseen reason beyond its control and not
attributable to its actions or inactions, then Seller shall be
entitled to an adjustment of the Contract Times to the extent
attributable to such reason. Such reasons include fire,
floods, epidemics, abnormal weather conditions, acts of
God, acts of war, directions by government authority, and
other like matters. If such an event occurs and delays
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-11
Seller's performance, Seller shall notify Buyer in writing
within 15 days of the beginning of the event causing the
delay, stating the reason therefor.
C. Contract Times will not be modified for delays within
the control of Seller, including labor strife, transportation
shortages or delays at Seller's facilities. Delays attributable
to and within the control of Seller's subcontractors or
suppliers shall be deemed to be delays within the control of
Seller.
D. If Seller is prevented from delivering the Goods or
furnishing the Special Services within the Contract Times
due to the actions or inactions of Buyer, Seller shall be
entitled to any reasonable and necessary additional costs
arising out of such delay to the extent directly attributable to
Buyer.
E. Neither Buyer nor Seller shall be entitled to any
damages arising from delays which are beyond the control
of both Buyer and Seller, including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, acts of war, direction by government authority, and
other like matters.
ARTICLE 8 - BUYER'S RIGHTS
8.01 Inspections and Testing
A. General
1. Buyer shall have the right to perform, or cause to
be performed, reasonable inspections and require
reasonable tests of the Goods at Seller's facility, and at the
Point of Destination. Seller shall allow Buyer a
reasonable time to perform such inspections or tests.
2. Seller shall bear all expenses, except for travel,
lodging and subsistence expenses of Buyer's
representatives, for inspections and tests at Seller's
facility, but Buyer shall be entitled to reimbursement from
Seller of travel, lodging and subsistence expenses of
Buyer's representatives if the Goods are non -conforming.
3. Buyer shall bear all expenses, except for travel,
lodging and subsistence expenses of Seller's
representatives, for inspections and tests at the Point of
Destination, but Buyer shall be entitled to reimbursement
from Seller for Buyer's expenses for reinspection or
retesting if, on the basis of an initial inspection or testing,
the Goods are determined to be non -conforming.
4. Seller shall provide Buyer 30 days written notice
of the readiness of the Goods for all inspections, tests, or
approvals which the Contract Documents specify are to be
observed by Buyer prior to shipment.
5. Buyer will give Seller timely notice of all specified
tests, inspections and approvals of the Goods which are to
be conducted at the Point of Destination.
6. If, on the basis of any inspections or testing, the
Goods appear to be conforming, Buyer will give Seller
prompt notice thereof. If on the basis of said inspections
or testing, the Goods appear to be non -conforming, Buyer
will give Seller prompt notice thereof and will advise
Seller of the remedy Buyer elects under the provisions of
Paragraph 8.02.
7. Neither payments made by Buyer to Seller prior to
any tests or inspections, nor any tests or inspections shall
constitute acceptance of non -conforming Goods, or
prejudice Buyer's rights under the Contract.
B. Inspection on Delivery
1. Buyer or Engineer will inspect the Goods upon
delivery solely for purposes of identifying the Goods and
general verification of quantities and observation of
apparent condition in order to provide a basis for a
progress payment. Such inspection will not be construed
as final or as receipt of any Goods and Special Services
that, as a result of subsequent inspections and tests, are
determined to be non -conforming.
2. Within ten days of such inspection, Buyer
shall provide Seller with written notice of Buyer's
determination regarding conformity of the Goods. In the
event Buyer does not provide such notice, it will be
presumed that the Goods appear to be conforming.
3. If, on the basis of the inspection specified in
Paragraph 8.0I.B.1, the Goods appear to be conforming,
Buyer's notice thereof to Seller will acknowledge receipt
of the Goods.
C. Final Inspection
1. After all of the Goods have been incorporated into
the Project, tested in accordance with such testing
requirements as are specified, and are functioning as
intended, Buyer or Engineer will make a final inspection.
2. If, on the basis of the final inspection, the Goods
are conforming, Buyer's notice thereof will constitute
Buyer's acceptance of the Goods.
3. If, on the basis of the final inspection, the Goods
are non -conforming, Buyer will identify the non-
conformity in writing.
8.02 Non -Conforming Goods or Special Services
A. If, on the basis of inspections and testing prior to
delivery, the Goods appear to be non -conforming, or if at
any time after Buyer has acknowledged receipt of delivery
and before the expiration of the correction period described
in Paragraph 8.03, Buyer determines that the Goods are non-
conforming, Seller shall promptly, without cost to Buyer
and in response to written instructions from Buyer, either
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-12
correct such non -conforming Goods, or, if rejected by
Buyer, remove and replace the non -conforming Goods with
conforming Goods, including all work required for
reinstallation.
B. Buyer's Rejection of Non -Conforming Goods
1. If Buyer elects to reject the Goods in whole or in
part, Buyer's notice to Seller will describe in sufficient
detail the non -conforming aspect of the Goods. If Goods
have been delivered to Buyer, Seller shall promptly, and
within the Contract Times, remove and replace the
rejected Goods.
2. Seller shall bear all costs, losses and damages
attributable to the removal and replacement of the non-
conforming Goods as provided in Paragraph 8.02.E.
3. Upon rejection of the Goods, Buyer retains a
security interest in the Goods or to the extent of any
payments made and expenses incurred in their testing and
inspection.
C. Remedying Non -Conforming Goods or Special
Services
1. If Buyer elects to permit the Seller to modify the
Goods to remove the non-conformance, Seller shall
promptly provide a schedule for such modifications and
shall make the Goods conforming within a reasonable
time.
2. If Buyer notifies Seller in writing that any of the
Special Services are non -conforming, Seller shall
promptly provide conforming services acceptable to
Buyer. If Seller fails to do so, Buyer may delete the
Special Services and reduce the Contract Price a
commensurate amount.
D. Buyer's Acceptance of Non -Conforming Goods
1. Instead of requiring correction or removal and
replacement of non -conforming Goods discovered either
before or after final payment, Buyer may accept the non-
conforming Goods. Seller shall bear all costs, losses, and
damages attributable to Buyer's evaluation of and
determination to accept such non -conforming Goods as
provided in Paragraph 8.02.E.
E. Seller shall pay all claims, costs, losses, and damages,
including but not limited to all fees and charges for re-
inspection, retesting and for any engineers, architects,
attorneys and other professionals, and all court or arbitration
or other dispute resolution costs arising out of or relating to
the non -conforming Goods or Special Services, including
the correction or removal and replacement of the non-
conforming Goods and the replacement of property of Buyer
and others destroyed by the correction or removal and
replacement of the non -conforming Goods, or the obtaining
of conforming Special Services from others.
8.03 Correction Period
A. Seller's responsibility for correcting all non -
conformities in the Goods will extend for a period of one
year after the earlier of the date on which Buyer has placed
the Goods in continuous service or the date of final
payment, or for such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
specific provisions of the Contract Documents.
ARTICLE 9 - ROLE OF ENGINEER
9.01 Duties and Responsibilities
A. The duties and responsibilities and the limitations of
authority of Engineer are set forth in the Contract
Documents.
9.02 Clarifications and Interpretations
A. Engineer will issue with reasonable promptness such
written clarifications or interpretations of the Contract
Documents as Engineer may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. Such written
clarifications and interpretations will be binding on Buyer
and Seller. If either Buyer or Seller believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or Contract Times, either may make a Claim
therefor.
9.03 Authorized Variations
A. Engineer may authorize minor deviations or
variations in the Contract Documents by: 1) issuance of
approved Shop Drawings when such change or deviation
was duly noted by Seller as required in Paragraph 5.06.C.4,
or 2) a Field Order.
9.04 Rejecting Non -Conforming Goods and Special
Services
A. Engineer will have the authority to disapprove or
reject Goods or Special Services which Engineer believes to
be non -conforming.
9.05 Decisions on Requirements of Contract Documents
A. Engineer will be the initial interpreter of the Contract
Documents and judge of the acceptability of the Goods and
Special Services. Claims, disputes and other matters
relating to the acceptability of the Goods and Special
Services or the interpretation of the requirements of the
Contract Documents pertaining to Seller's performance will
be referred initially to Engineer in writing with a request for
a formal decision in accordance with this paragraph.
B. When functioning as interpreter and judge under this
Paragraph 9.05, Engineer will not show partiality to Buyer
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-13
or Seller and will not be liable in connection with any
interpretation or decision rendered in good faith in such
capacity. The rendering of a decision by Engineer pursuant
to this Paragraph 9.05 with respect to any such Claim,
dispute, or other matter (except any which have been waived
by the making or acceptance of final payment as provided in
Paragraph 10.07) will be a condition precedent to any
exercise by Buyer or Seller of such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such Claim,
dispute, or other matter.
9.06 Claims and Disputes
A. Notice: Written notice of each Claim, dispute or
other matter relating to the acceptability of the Goods and
Special Services or the interpretation of the requirements of
the Contract Documents pertaining to Seller's performance
shall be delivered by the claimant to Engineer and the other
party to the Agreement within 15 days after the occurrence
of the event giving rise thereto, and written supporting data
will be submitted to Engineer and the other party within 45
days after such occurrence unless Engineer allows an
additional period of time to ascertain more accurate data.
B. Engineer's Decision: Engineer will render a decision
in writing within 30 days after receipt of the last submittal
of the claimant or the last submittal of the opposing party, if
any. Engineer's written decision on such Claim, or dispute,
or other matter will be final and binding upon Buyer and
Seller unless:
1. an appeal from Engineer's decision is made within
the time limits and in accordance with the dispute
resolution procedures set forth in Article 13; or
2. if no such dispute resolution procedures have been
set forth, a written notice of intention to appeal is
delivered by Buyer or Seller to the other and to Engineer
within 30 days after the date of such decision, and a
formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction within 60 days after the
date of such decision (unless otherwise agreed to in
writing by Buyer and Seller), to exercise such rights or
remedies as the appealing party may have with respect to
such Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If Engineer does not render a formal decision in
writing within the time stated in Paragraph 9.06.B., a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal
of the claimant or the last submittal of the opposing party, if
any.
ARTICLE 10 - PAYMENT
10.01 Applications for Progress Payments
A. Seller shall submit to Buyer for Engineer's review
Applications for Payment filled out and signed by Seller and
accompanied by such supporting documentation as is
required by the Contract Documents and also as Buyer or
Engineer may reasonably require. The timing and amounts
of progress payments shall be as stipulated in the
Agreement.
1. The first application for Payment will be submitted
after review and approval by Engineer of all Shop
Drawings and of all Samples required by the Contract
Documents.
2. The second Application for Payment will be
submitted after receipt of the Goods has been
acknowledged in accordance with Paragraph 8.01.13 and
will be accompanied by a bill of sale, invoice or other
documentation satisfactory to Buyer warranting that
Buyer has rightfully received good title to the Goods from
Seller and that the Goods are free and clear of all liens.
Such documentation will include releases and waivers
from all parties with viable lien rights. In the case of
multiple deliveries of Goods, additional Applications for
Payment accompanied by the required documentation will
be submitted as Buyer acknowledges receipt of additional
items of the Goods.
10.02 Review of Applications for Progress Payments
A. Engineer will, within ten days after receipt of each
Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
Buyer, or return the Application to Seller indicating in
writing Engineer's reasons for refusing to recommend
payment. In the latter case, Seller may make the necessary
corrections and resubmit the Application.
1. Engineer's recommendation of payment requested
in the first Application for Payment will constitute a
representation by Engineer, based on Engineer's review of
the Application for Payment and the accompanying data,
that the Shop Drawings and Samples have been reviewed
and approved as required by the Contract Documents and
Seller is entitled to payment of the amount recommended.
2. Engineer's recommendation of payment requested
in the Application for Payment submitted upon Buyer's
acknowledgment of receipt of the Goods will constitute a
representation by Engineer, based on Engineer's review of
the Application for Payment and the accompanying data
Seller is entitled to payment of the amount recommended.
Such recommendation will not constitute a representation
that Engineer has made a final inspection of the Goods,
that the Goods are free from non -conformities, acceptable
or in conformance with the Contract Documents, that
Engineer has made any investigation as to Buyer's title to
the Goods, that exhaustive or continuous inspections have
been made to check the quality or the quantity of the
Goods beyond the responsibilities specifically assigned to
Engineer in the Contract Documents or that there may not
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-14
be other matters or issues between the parties that might
entitle Seller to additional payments by Buyer or Buyer to
withhold payment to Seller.
3. Engineer may refuse to recommend that all or any
part of a progress payment be made, or Engineer may
nullify all or any part of any payment previously
recommended if, in Engineer's opinion, such
recommendation would be incorrect or if on the basis of
subsequently discovered evidence or subsequent
inspections or tests Engineer considers such refusal or
nullification necessary to protect Buyer from loss because
the Contract Price has been reduced, Goods are found to
be non -conforming, or Seller has failed to furnish
acceptable Special Services.
10.03 Amount and Timing of Progress Payments
A. Subject to Paragraph 10.02.A., the amounts of the
progress payments will be as provided in the Agreement.
Buyer shall within 30 days after receipt of each Application
for Payment with Engineer's recommendation pay Seller the
amount recommended; but, in the case of the Application
for Payment upon Buyer's acknowledgment of receipt of the
Goods, said 30 -day period may be extended for so long as is
necessary (but in no event more than 60 days) for Buyer to
examine the bill of sale and other documentation submitted
therewith. Buyer shall notify Seller promptly of any
deficiency in the documentation and shall not unreasonably
withhold payment.
10.04 Suspension of or Reduction in Payment
A. Buyer may suspend or reduce the amount of progress
payments, even though recommended for payment by
Engineer, under the following circumstances:
1. Buyer has reasonable grounds to conclude that
Seller will not furnish the Goods or the Special Services
in accordance with the Contract Documents,
2. Buyer has requested in writing assurances from
Seller that the Goods or Special Services will be delivered
or furnished in accordance with the Contract Documents,
and Seller has failed to provide adequate assurances
within ten days of Buyer's written request.
B. If Buyer refuses to make payment of the full amount
recommended by Engineer, Buyer will provide Seller and
Engineer immediate written notice stating the reason for
such action and promptly pay Seller any amount remaining
after deduction of the amount withheld. Buyer shall
promptly pay Seller the amount withheld when Seller
corrects the reason for such action to Buyer's satisfaction.
10.05 Final Application for Payment
A. After Seller has corrected all non -conformities to the
satisfaction of Buyer and Engineer, furnished all Special
Services, and delivered all documents required by the
Contract Documents, Engineer will issue to Buyer and
Seller a notice of acceptability. Seller may then make
application for final payment following the procedure for
progress payments. The final Application for Payment will
be accompanied by all documentation called for in the
Contract Documents, a list of all unsettled claims and such
other data and information as Buyer or Engineer may
reasonably require.
10.06 Final Payment
A. If, on the basis of the review of the final Application
for Payment and accompanying documentation, Engineer is
satisfied that the Goods and Special Services have been
furnished in accordance with the Contract Documents, and
that Seller's other obligations under the Contract Documents
have been fulfilled, Engineer will, within ten days after
receipt of the final Application for Payment, recommend in
writing final payment subject to the provisions of Paragraph
10.07 and present the Application to Buyer. Otherwise,
Engineer will return the Application to Seller, indicating the
reasons for refusing to recommend final payment, in which
case Seller shall make the necessary corrections and
resubmit the Application. If the Application and
accompanying documentation are appropriate as to form and
substance, Buyer shall, within 30 days after receipt thereof,
pay Seller the amount recommended by Engineer.
10.07 Waiver of Claims
A. The making and acceptance of final payment will
constitute:
1. a waiver of all Claims by Buyer against Seller,
except Claims arising from unsettled liens and Claims,
from non -conformities in the Goods or Special Services
appearing after final payment, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Seller's continuing
obligations under the Contract Documents; and
2. a waiver of all Claims by Seller against Buyer
other than those previously made in accordance with the
requirements herein and expressly noted in writing by
Seller as still unsettled in its final Application for
Payment.
ARTICLE 11 - CANCELLATION, SUSPENSION, AND
TERMINATION
11.01 Cancellation
A. Buyer has the right to cancel the Contract, without
cause, at any time prior to delivery of the Goods by written
notice. Cancellation pursuant to the terms of this paragraph
shall not constitute a breach of contract by Buyer. Upon
cancellation:
1. Buyer shall pay Seller for Goods, specially
manufactured for the Project, plus any documented
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-15
reasonable direct and indirect costs incurred by Seller in
producing such Goods not recovered by payment for the
reasonable value of the Goods.
2. For Goods which are not specially manufactured
for the Project, Seller shall be entitled to a restocking
charge of 10 percent of the unpaid Contract Price of such
Goods.
11.02 Suspension of Performance by Buyer
A. Buyer has the right to suspend performance of the
Contract, without cause, by written notice. Upon
suspension under this paragraph, Seller shall be entitled to
an increase in the Contract Times and Contract Price caused
by the suspension, provided that performance would not
have been suspended or delayed for causes attributable to
Seller.
11.03 Suspension of Performance by Seller
A. Subject to the provisions of Paragraph 5.07.13, Seller
may suspend the furnishing of the Goods and Special
Services only under the following circumstance:
1. Seller has reasonable grounds to conclude that
Buyer will not perform its future payment obligations
under the Contract. ("Reasonable grounds" shall not
include a pending dispute or disagreement with Buyer)
and,
2. Seller has requested in writing assurances from
Buyer that future payments will be made in accordance
with the Contract, and Buyer has failed to provide such
assurances within ten days of Seller's written request.
11.04 Breach and Termination
A. Buyer's Breach
1. Buyer shall be deemed in breach of the Contract if
it fails to comply with any material provision of the
Contract Documents, including but not limited to:
a. wrongful rejection or revocation of Buyer's
acceptance of the Goods,
b. failure to make payments in accordance with
the Contract Documents, or
c. wrongful repudiation of the Contract.
2. Seller shall have the right to terminate the Contract
for cause by declaring a breach should Buyer fail to
comply with any material provisions of the Contract.
Upon termination, Seller shall be entitled to all remedies
provided by Laws and Regulations.
a. In the event Seller believes Buyer is in breach
of its obligations under the Contract, Seller shall
provide Buyer with reasonably prompt written notice
setting forth in sufficient detail the reasons for declaring
that it believes a breach has occurred. Buyer shall have
seven days from receipt of the written notice declaring
the breach (or such longer period of time as Seller may
grant in writing) within which to cure the alleged
breach.
B. Seller's Breach
1. Seller shall be deemed in breach of the Contract if
it fails to comply with any material provision of the
Contract Documents, including, but not limited to:
a. failure to deliver the Goods or perform
the Special Services in accordance with the Contract
Documents,
b. wrongful repudiation of the Contract, or
c. delivery or furnishing of non -conforming
Goods or Special Services.
2. Buyer may terminate Seller's right to perform the
Contract for cause by declaring a breach should Seller fail
to comply with any material provision of the Contract
Documents. Upon termination, Buyer shall be entitled to
all remedies provided by Laws and Regulations.
a. In the event Buyer believes Seller is in breach
of its obligations under the Contract, and except as
provided in Paragraph 11.04.13.2.b, Buyer shall provide
Seller with reasonably prompt written notice setting
forth in sufficient detail the reasons for declaring that it
believes a breach has occurred. Seller shall have seven
days from receipt of the written notice declaring the
breach (or such longer period of time as Buyer may
grant in writing) within which to cure the alleged
breach.
b. If and to the extent that Seller has provided a
performance bond under the provisions of Paragraph
4.01, the notice and cure procedures of that bond, if
any, shall supersede the notice and cure procedures of
Paragraph 11.04.B.2.a.
ARTICLE 12 - LICENSES AND FEES
12.01 Intellectual Property and License Fees
A. Unless specifically stated elsewhere in the Contract
Documents, Seller is not transferring any intellectual
property rights, patent rights, or licenses for the Goods
delivered. However, in the event the Seller is
manufacturing to Buyer's design, Buyer retains all
intellectual property rights in such design.
B. Seller shall pay all license fees and royalties and
assume all costs incident to the use or the furnishing of the
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-16
Goods, unless specified otherwise by the Contract
Documents.
12.02 Seller's Infringement
A. Subject to Paragraph 12.0l.A, Seller shall indemnify
and hold harmless Buyer, Engineer and their officers,
directors, partners, employees, agents, consultants,
contractors, and subcontractors from and against all claims,
costs, losses, damages, and judgments (including but not
limited to all fees and charges of engineers, architects,
attorneys and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to
any infringement or alleged infringement of any United
States or foreign patent or copyright by any of the Goods
delivered hereunder.
B. In the event of suit or threat of suit for intellectual
property infringement, Buyer will notify Seller within a
reasonable time of receiving notice thereof.
C. Upon written demand from Buyer, Seller shall be
given the opportunity to defend the claim or suit, including
negotiating a settlement. Seller shall have control over such
claim or suit, provided that Seller agrees to bear all expenses
and to satisfy any adverse judgment thereof.
1. If Seller fails to defend such suit or claim after
written demand by Buyer, Seller will be bound in any
subsequent suit or claim against Seller by Buyer by any
factual determination in the prior suit or claim.
2. If Buyer fails to provide Seller the opportunity to
defend such suit or claim after written demand by Seller,
Buyer shall be barred from any remedy against Seller for
such suit or claim.
D. If a determination is made that Seller has infringed
upon intellectual property rights of another, Seller may
obtain the necessary licenses for Buyer's benefit, or replace
the Goods and provide related design and construction as
necessary to avoid the infringement at Seller's own expense.
12.03 Buyer's Infringement
A. Buyer shall indemnify and hold harmless Seller, and
its officers, directors, partners, employees, agents,
consultants, contractors, and subcontractors from and
against all claims, costs, losses, damages, and judgments
(including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to any infringement or alleged
infringement of any United States or foreign patent or
copyright caused by Seller's compliance with Buyer's
design of the Goods or Buyer's use of the Goods in
combination with other materials or equipment in any
process (unless intent of such use was known to Seller and
Seller had reason to know such infringement would result).
B. In the event of suit or threat of suit for intellectual
property infringement, Seller must within a reasonable time
after receiving notice thereof notify Buyer.
C. Upon written demand from Seller, Buyer shall be
given the opportunity to defend the claim or suit, including
negotiating a settlement. Buyer shall have control over such
claim or suit, provided that Buyer agrees to bear all
expenses and to satisfy any adverse judgment thereof.
1. If Buyer fails to defend such suit or claim after
written demand by Seller, Buyer will be bound in any
subsequent suit or claim against Buyer by Seller by any
factual determination in the prior suit or claim.
2. If Seller fails to provide Buyer the opportunity to
defend such suit or claim after written demand by Buyer,
Seller shall be barred from any remedy against Buyer for
such suit or claim.
12.04 Reuse of Documents
A. Neither Seller nor any other person furnishing any of
the Goods or Special Services under a direct or indirect
contract with Seller shall: (1) acquire any title to or
ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or its consultants, including
electronic media versions; or (2) reuse any of such
Drawings, Specifications, other documents, or copies
thereof on any other project without written consent of
Buyer and Engineer and specific written verification or
adaptation by Engineer. This prohibition will survive
termination or completion of the Contract. Nothing herein
shall preclude Seller from retaining copies of the Contract
Documents for record purposes.
ARTICLE 13 - DISPUTE RESOLUTION
13.01 Dispute Resolution Method
A. Disputes between Buyer and Seller will be resolved
as set forth in the Supplementary Conditions. If no method
and procedure has been set forth, and subject to the
provisions of Paragraphs 9.05 and 9.06, Buyer and Seller
may exercise such rights or remedies as they have under
Controlling Law.
ARTICLE 14 - MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-17
14.02 Controlling Law
A. This Contract is to be governed by the law of the state
in which the Point of Destination is located.
14.03 Computation of Time
A. When any period of time is referred to in the Contract
Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any
such period falls on a Saturday or Sunday or on a day made
a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation.
14.04 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
14.05 Survival of Obligations
A. All representations, indemnifications, warranties and
guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Goods or Special Services and termination or completion of
the Agreement.
EJCDC P-700 Standard General Conditions for Procurement Contracts
Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved.
00700-18
DOC. 00800
SUPPLEMENTARY CONDITIONS
SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
ARTICLE PAGE NO.
1 Definitions and Terminology...........................................................................................
SC
— 00800-1
2 Preliminary Matters..........................................................................................................
SC
-00800-2
3 Contract Documents: Intent and Amending.................................................................
SC
— 00800-3
4 Bonds and Insurance.........................................................................................................
SC
— 00800-4
5 Seller's Responsibilities.....................................................................................................
SC
-00800-6
6 Shipping & Delivery ...........................................................................................................
SC
-00800-8
7 Changes: Schedule and Delay..........................................................................................
SC
— 00800-8
8 Buyer's Rights......................................................................................................................
SC
— 00800-9
10 Payment...............................................................................................................................
SC —
00800-10
11 Cancellation, Suspension, and Termination...................................................................
SC —
00800-13
12 Licenses and Fees...............................................................................................................
SC —
00800-13
13 Dispute Resolution.............................................................................................................
SC —
00800-14
14 Miscellaneous......................................................................................................................
SC —
00800-14
15 Tests and Inspections; Correction, Removal or Acceptance of Defective Work.........
SC —
00800-14
SUPPLEMENTARY CONDITIONS
GENERAL
These Supplementary Conditions amend or supplement the Standard General Conditions of Procurement
Contracts (EJCDC P-700, 2000 Edition) and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions.
Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to
both the singular and plural thereof.
Throughout the entirety of the Contract Documents, the terms "Contractor" and "Seller" and "Supplier" shall
have the same meaning. Throughout the entirety of the Contract Documents, the terms "Owner" and "Buyer"
shall have the same meaning. Throughout the entirety of the Contract Documents, the terms "Bid" and
"Proposal" shall have the same meaning.
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
SC - 1.01
In subparagraph 1.01.A. delete the first sentence in its entirety and insert the following in its place:
Whenever used in the Proposal requirements or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings indicated which are applicable to the singular or
plural thereof.
Delete paragraph 1.01.A.1. in its entirety and insert the following in its place:
1. Addenda —Those written or graphic instruments issued prior to the Bid due date in accordance with
the Proposal Requirements which clarify or change the Proposal Requirements or the proposed
Contract Documents.
Delete paragraph 1.01.A.5. in its entirety and insert the following in its place:
5. Bidder—An individual, partnership, or corporation who submits a bid for the Work to be performed.
Delete paragraph 1.01.A.17. in its entirety and insert the following in its place:
17. Engineer —The Hutchinson City Engineer or consulting engineers as designated by the City of
Hutchinson, Minnesota.
Delete paragraph 1.01.A.23. in its entirety and insert the following in its place:
23. Notice of Award — The written notice to Buyer to the apparent Successful Bidder stating that upon
timely compliance by the apparent Successful Bidder with the conditions precedent listed therein,
Buyer will sign and deliver the Agreement.
Delete paragraph 1.01.A.27. in its entirety and insert the following in its place:
27. Project Manual — The bound documentary information prepared for Proposing and furnishing the
Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in
one or more volumes, is contained in the table(s) of contents.
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-1
Add the following new paragraphs immediately following 1.01.A.35:
36. Owner—The City of Hutchinson, Minnesota.
37. Contractor -- The individual or entity with whom Owner has entered into the Agreement.
38. Subcontractor — An individual, firm or corporation having a direct contract with Seller or with any
other Subcontractor for the performance of a part of the work whether at or away from the site.
39. City — The City of Hutchinson, Minnesota.
40. Extra Work — Any work not required by the Contract as awarded, but which is authorized and
performed by Supplemental Agreement either at negotiated prices or in accordance with Article 7 of
the Standard General Conditions.
41. Item — A unit of Work in which a price is provided in the Agreement.
42. Special Provisions — Specific clauses setting forth conditions or requirements peculiar to the project
and covering work or materials which are not covered by the standard specifications. Also may be
termed General Requirements.
43. Standard Drawings and/or Plates — Drawings which show standard construction details which have
been prepared and/or approved by the Engineer and are usually bound with the specifications.
44. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.
45. Project — The total construction of which the Work to be performed under the Contract Documents
may be the whole, or a part.
46. Work — The entire construction or the various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes and is the result of performing or providing
all labor, services, and documentation necessary to produce such construction, and furnishing,
installing, and incorporating all materials and equipment into such construction all as required by the
Contract Documents.
ARTICLE 2 — PRELIMINARY MATTERS
SC — 2.01
Add the following new paragraph immediately after subparagraph 2.01.A::
B. Delivery of Bonds and Evidence of Insurance
1. Performance and payment bonds on the form attached are required by the City; the executed form
shall be furnished at the time of signing the contract agreement.
Prior to project award, the apparent low and responsible bidder must provide Insurance Certificate,
Certificate of Compliance with the Minnesota Worker's Compensation Law, Subcontractor List, complete
Project Schedule (describing all major work activities), and Safety Plan document, for the City's review and
approval prior to the City signing the contract agreement. Any construction start delays incurred by the
Seller due to their untimely submittal of this required information shall not result in any revisions to the
project completion dates stated within the Special Provisions.
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-2
The bidder to whom award is made shall enter into a written contract agreement with the City within the
time specified in the proposal. The Contract shall be signed by the successful bidder and returned to the
City together with the Performance and Payment Bonds. If return of the executed forms within the
specified time is impossible due to the absence of one or more of the required signers, an extension of
time may be granted by the Buyer, provided satisfactory evidence is furnished that the forms will be
executed. All members of a partnership, and the President or Vice President and the Secretary or
Treasurer of each corporation shall sign the Contract and Bonds. In the case of joint ventures, signature
requirements shall apply to each form represented.
SC - 2.03
Delete paragraph 2.03.A. in its entirety and insert the following in its place:
A. The Contract Times will commence to run on the Effective Date of the Agreement or, if a Notice to
Proceed is given, on the day indicated in the Notice to Proceed. In no event will the Contract Times
commence to run later than the sixty first day after the due date of Bids.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND AMENDING
SC — 3.01
Delete paragraph 3.01.13. in its entirety and insert the following in its place:
Any labor, documentation, services, materials, or equipment that may reasonably be inferred from
the Contract Documents or from prevailing custom or trade usage as being required to produce or
furnish the specified Goods or Special Services will be provided upon mutual agreement between
Buyer and Seller.
SC — 3.02
Delete paragraph 3.02.A. in its entirety and insert the following in its place:
Reference to standards, specifications, manuals, or codes of any technical society, organization, or
association, or to Laws and Regulations, whether such reference be specific or by implication, shall
mean the standard, specification, manual code, or Laws and Regulations in effect at the time of the
Effective Date of the Agreement, except as may be otherwise specifically stated in the Contract
Documents.
Add the following new paragraph 3.05 immediately after 3.04.13:
SC -3.05 Conflict Between Component Parts of Contract — In the event that any provision in any of the following
component parts of this Contract conflict with any provision in any other part of the following component parts,
the provision in component part first enumerated below shall govern over any other component part which
follows it numerically, except as may be otherwise specifically stated. Said component parts are the following:
1) All approved Change Orders.
2) Addenda No. 1. All addenda shall be considered as part of the specifications, and shall be included by the
Seller in his bid.
3) Special Provisions
4) Project Plans/Standard Drawings
5) Supplementary Standard Specifications
6) Standard Specifications
7) Instructions to Bidders
8) Supplemental General Conditions
9) General Conditions
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-3
10) Seller's Bid Proposal as Accepted by Buyer
11) Invitation for Bids
The Contract is intended to conform in all respects to applicable statutes of the State. If any part or provision of
this Contract conflicts therewith the said statute shall govern.
ARTICLE 4 — BONDS AND INSURANCE
SC - 4.02
Add the following new paragraphs immediately after paragraph 4.02.A.:
Seller shall purchase and maintain such liability and other insurance as is appropriate for the
furnishing of Goods and Special Services and as will provide protection from claims set forth below
which may arise out of or result from Seller's furnishing of the Goods or Special Services and Seller's
other obligations under the Contract Documents, whether the furnishing of Goods and Special
Services, or other obligations are to be performed by Seller, any subcontractor or supplier, or by
anyone directly or indirectly employed by any of them to furnish the Goods or Special Services, or by
anyone for whose acts any of them may be liable:
1. claims under worker's compensation, disability benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of Seller's
employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other
than Seller's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which are
sustained: (i) by any person as a result of an offense directly or indirectly related to the
employment of such person by Seller, or (ii) by any other person for any other reason;
5. claims for damages, other than to the Goods, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
C. The policies of insurance so required by this Paragraph 4.02 to be purchased and maintained shall:
1. with respect to insurance required by Paragraphs SC -4.02.6.3 through SC -4.02.6.6 inclusive,
include as additional insureds (subject to any customary exclusion in respect to professional
liability) Buyer and Engineer, all of whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners, employees, , of each and any of all such
additional insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby. Seller agrees to extend its existing general liability
insurance coverage to Buyer & Engineer, but only in respect of work performed by or on behalf
of the named insured, Seller, and only to the extent that the additional insured is held liable for
the negligence or other culpability of Seller. Coverage under Seller's policy does not extend to
liability arising out of the additional insured's own negligence.
2. include at least the specific coverages and be written for the limits of liability provided below or
required by Laws and Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering Seller's indemnity obligations under Paragraphs
5.09 and 12.02.
5. contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior written notice has been given to Buyer
and Seller and to each other additional insured identified in these Supplementary Conditions to
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-4
whom a certificate of insurance has been issued (and the certificates of insurance furnished by
the Seller pursuant to Paragraph SC 4.02.E will so provide);
6. remain in effect at least until final payment and at all times thereafter when Seller may be
correcting, removing, or replacing non -conforming Goods in accordance with Paragraph 8.03;
and
7. with respect to completed operations insurance, and any insurance coverage written on a claims -
made basis, remain in effect for at least two years after final payment (and Seller shall furnish
Buyer and each other additional insured identified in these Supplementary Conditions, to whom
a certificate of insurance has been issued, evidence satisfactory to Buyer and any such additional
insured of continuation of such insurance at final payment and one year thereafter).
D. The limits of liability for the insurance required by paragraph SC -4.02.13. shall provide coverage for the
following amounts or greater where required by Laws and Regulations:
1. Worker's Compensation, and related coverages under paragraphs SC -4.02.13.1 and B.2:
a. State: Statutory
b. Applicable Federal
(e.g., USL&H/Jones Act): Statutory
c. Employer's Liability: 100/500/100
2. Seller's General Liability under paragraphs SC -4.02.13.3 through B.6 which shall include completed
operations and product liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Seller:
a. General Aggregate $2,000,000
b. Products — Completed
Operations Aggregate $1,000,000
c. Personal and Advertising Injury $1,000,000
d. Each Occurrence
(Bodily Injury and Property Damage) $1,000,000
e. Fire Damage Legal $50,000
f. Medical Payments $5,000
g. Owners Protective — In favor of City of Hutchinson $1,000,000
h. Property Damage Liability insurance will provide Explosion, Collapse, and Underground
coverages where applicable.
i. Excess or Umbrella Liability
3. Automobile Liability under paragraph SC -4.02.B.6:
a. Bodily Injury
b. Property Damage
c. Combined Single Limit
$1,000,000
$1,000,000
$1,000,000
$1,000,000
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-5
E. Seller shall deliver to Buyer, with copies to Engineer.
F. If Buyer has any objection to the coverage afforded by or other provisions of the insurance required
to be purchased and maintained on the basis of non-conformance with the Contract Documents,
Buyer shall notify Seller in writing within 10 days after receipt of the certificates or other evidence
required by Paragraph SC -4.02.E. Seller shall provide such additional information in respect to
insurance as Buyer shall reasonably request.
ARTICLE 5 — SELLER'S RESPONSIBILITIES
SC — 5.01
Add the following new sentence at the end of paragraph 5.01.A.:
Seller shall not be responsible for the negligence of Buyer or Engineer in the design or specification of a
specific means, method, techniques, sequence or procedure, which is shown or indicated in and expressly
required by the Contract Documents.
SC - 5.02
Delete the paragraph 5.02.6. in its entirety and insert the following in its place:
B. All Goods and all equipment and material incorporated into the Goods shall be as specified and
unless specified otherwise in the Contract Documents shall be:
1. new and of good quality;
2. protected, assembled, connected, cleaned and conditioned in accordance with the original
manufacturer's instructions; and
3. shop assembled to the greatest extent practicable.
SC — 5.04
Delete subparagraphs 5.04 in its entirety and insert the following in its place:
5.04 The Buyer will not accept "Or Equal" Bids. The Contract, if awarded, will be on the basis of
materials and equipment specified or described in the Bid Documents, or on the basis of a
Voluntary Alternate offered by a Bidder and accepted by the Buyer. Deviations from the Bid
Documents shall be proposed on the Bid Form as a Voluntary Alternate and accompanied by
information necessary for the Buyer to evaluate and consider the Voluntary Alternate.
SC — 5.06
Delete subparagraphs 5.06.C.1.a and 5.06.C.1.b. in their entirety and insert the following in their place:
a. all quantities, specified performance criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto; and
b. that all materials are suitable with respect to the specified application, fabrication, shipping,
handling, storage, assembly, and installation pertaining to the furnishing of Goods and
Special Services.
SC — 5.07
Delete paragraphs 5.07.6. in its entirety and insert the following in its place:
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-6
B. Seller shall carry on the work and adhere to the progress schedule during all disputes or
disagreements with Buyer. No work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraphs 11.03 or 11.04 or as Buyer and Seller
may otherwise agree in writing.
SC — 5.08
Delete paragraph 5.08.13. in its entirety and insert the following in its place:
B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the
Contract Documents, including any Samples approved by Engineer. Engineer shall be entitled to rely
on Seller's warranty and guarantee. If the Contract Documents do not otherwise specify the
characteristics or the quality of the Goods, the goods shall comply with the requirements of
Paragraph 5.02.13.
Add the following as subparagraphs 5.08.C.3. and 5.08.C4:
3. Corrosion or chemical attack, unless corrosive or chemically -damaging conditions were disclosed by
Buyer in the Contract Documents required the Goods to withstand such conditions.
4. Use in a manner contrary to Seller's written instructions for installation, operation and maintenance
or Seller's written or oral instructions given during training of Buyer's personnel.
Add the following at the end of 5.08.E:
"Seller's sole responsibility and Buyer's exclusive remedy arising out of or relating to the Equipment or
Services or any breach of these warranties is limited to repair or (at Seller's option) replacement of the
defective item of Equipment, and re -perform defective Services. Buyer shall make maintenance operation
records available to Seller upon request during the warranty period."
Add a new paragraph 5.08.F to read as follows:
"Warranty repair, replacement or re -performance by Seller shall not extend or renew the applicable
warranty period. The warranties and remedies set forth in this Contract are in lieu of and exclude all other
warranties and remedies, statutory, express or implied, including any warranty of merchantability or of
fitness for a particular purpose."
SC — 5.09
Amend Article 5.09.A to read as follows:
"To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer,
Engineer, and their officers, directors, shareholders, partners, and employees, agents, consultants, contractors and
subcontractors from any and all claims, costs, losses, and demands or judgements for damages for claims
(including but not limited to fees and charges of engineers, architects, attorneys or other professionals and all
court or arbitration or other dispute resolution costs) to the extent caused by a negligent act or omission by Seller,
or its officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors
provided that any such claim, cost, loss or damage;
1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property of third parties (other than the Goods or Special Services themselves), and
2. is caused in whole or in part by any negligent act or omission of Seller or its officers, directors, employees,
agents, contractors or subcontractors."
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-7
Add the following new paragraph 5.09.C.:
C. "Notwithstanding anything else contained in the Contract, to the maximum extent permitted by law,
and regardless of whether a claim is based in contract (including warranty or indemnity), extra-
contractual liability, tort (including negligence or strict liability), statute, equity or any other legal
theory:
1. THE TOTAL LIABILITY OF THE SELLER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE
PERFORMANCE OR BREACH OF THE CONTRACTOR USE OF ANY EQUIPMENT OR SERVICES SHALL
NOT EXCEED THREE TIMES THE TOTAL PRICE PAID BY CITY UNDER THE CONTRACT;
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUES, LOSS OF
PRODUCTION, LOSS OF USE OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIPMENT,
INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF REPLACEMENT WATER OR POWER,
DOWNTIME COSTS, INCREASED OPERATING COSTS, CLAIMS OF BUYER'S CUSTOMERS FOR SUCH
DAMAGES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
EXEMPLARY DAMAGES;
3. SELLER'S LIABILITY SHALL END UPON EXPIRATION OF THE APPLICABLE MECHANICAL WARRANTY
PERIOD, PROVIDED THAT BUYER MAY CONTINUE TO ENFORCE A CLAIM FOR WHICH IT HAS
GIVEN NOTICE PRIOR TO THAT DATE BY COMMENCING AN ACTION OR ARBITRATION, AS
APPLICABLE UNDERTHE CONTRACT, BEFORE EXPIRATION OF ANY STATUTE OF LIMITATIONS OR
OTHER LEGALTIME LIMITATION BUT IN NO EVENT—TO THE EXTENT PERMITTED BYAPPLICABLE
LAW— LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD."
ARTICLE 6—SHIPPING & DELIVERY
SC -6.02.A - Delivery
At the end of 6.02.A add the following paragraph:
"The time for delivery of the Equipment to Buyer shall be specified in this Contract. Seller's sole liability for any
delay in delivery of the Equipment shall be as expressly set out in this Contract. The place of delivery specified
herein shall be firm and fixed, provided that Buyer may notify Seller no later than forty-five (45) days prior to the
scheduled shipment date of the Equipment of an alternate point of delivery. Buyer shall compensate Seller for any
additional cost in implementing the change. If any part of the Equipment cannot be delivered when ready due to
any cause not attributable to Seller, Buyer shall designate storage location, and Seller shall ship such Equipment to
storage. Title and risk of loss shall thereupon pass to Buyer, and amounts payable to Supplier upon delivery or
shipment shall be paid by Buyer along with expenses incurred by Seller."
SC -6.03 — Risk of Loss
1. Amend the heading title of 6.03 to read as "Title & Risk of Loss",
2. Amend 6.03.A to read as follows: "Title and risk of loss to the Equipment shall be transferred from Seller
to Buyer upon delivery in accordance with the Contract, Title & risk of loss to the Services shall pass as
they are performed."
ARTICLE 7 — CHANGES: SCHEDULE AND DELAY
SC — 7.02
Delete subparagraph 7.02.A. in its entirety and insert the following in its place:
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-8
A. Changes in Laws or Regulations not known at the time of opening of the Effective Date of the
Agreement having an effect on the cost or time of furnishing the Goods and Special Services shall be
the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller are unable to
agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be
made therefor as provided in Paragraph 9.06.A.
SC -7.03.6
Add the following sentence at the end of 7.03.6: "If delivery or performance is delayed for a period exceeding one
hundred and eighty (180) days, either Party may terminate this Agreement without further liability provided that
Seller shall be paid an amount equal to that which would be payable to Seller under Article 11.
Add the following new paragraphs SC -7.04.A, 7.04.6, 7.04.C, and 7.04.D immediately following 7.03.E:
SC -7.04 Extension of Time and Failure to Complete on Time
A. Any and all extensions of time shall be in accordance with Article 7 of the General Conditions.
Failure to substantially complete the work within the time period specified, or as extended in
accordance with this Article, will result in the deduction from the monies due the Seller the sum
indicated in the following table for each calendar day which elapses between the end of the
allowable construction period, if and as extended, and the date of certified completion by the
Engineer. Accrual of liquidated damages is applicable to both Interim (disturbance periods per SP -3.3
STAGING) and Final Completion Dates as listed within the Special Provisions. Liquidated damages
may be compounded if more than on completion date is not achieved concurrently.
C. Seller agrees to pay liquidated damages to Buyer at the rate established in the following table for
each day that expires after the time specified in the Contract for completion of the Work. Such
liquidated damages payable by Seller shall constitute the Buyer's sole and exclusive remedy for delay
by Seller in achieving completion of the Work within the time specified in the Contract Documents.
Seller's obligation to pay liquidated damages pursuant to this Contract shall be limited to an amount
equal to ten percent (10%) of the Seller's Contract Price.
D. Such sum is mutually agreed upon as liquidated damages and is not to be construed as a penalty. The
basis for a Certification of Substantial Completion shall be as outlined in Paragraph 10.08 of the
Supplementary Conditions.
ARTICLE 8 — BUYER'S RIGHTS
SC — 8.01
Delete paragraph 8.03.A in its entirety and insert the following in its place:
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-9
Schedule of Liquidated Damages
Original Contract Amount
Charge per
From More than ---- To and Including
Calendar Day
$0
$50,000
$150
$50,000
$100,000
$250
$100,000
$500,000
$500
$500,000
$1,000,000
$750
$1,000,000
$2,000,000
$1250
$2,000,000
NA
$1750
D. Such sum is mutually agreed upon as liquidated damages and is not to be construed as a penalty. The
basis for a Certification of Substantial Completion shall be as outlined in Paragraph 10.08 of the
Supplementary Conditions.
ARTICLE 8 — BUYER'S RIGHTS
SC — 8.01
Delete paragraph 8.03.A in its entirety and insert the following in its place:
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-9
A. Seller's responsibility for correcting all non -conformities in the Goods will extend for a period of two
years after the earlier of the date on which Buyer has placed the Goods in continuous service or the
date of final payment or twenty-seven (27) months after the date of delivery, or for such longer
period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions
of the Contract Documents.
ARTICLE 10 — PAYMENT
SC —10.01
In subparagraph 10.01.A.2. delete the first sentence in its entirety and insert the following in its place:
2. Each subsequent Application for Payment, as identified in the Agreement, will be submitted after
receipt of the Goods has been acknowledged in accordance with Paragraph 8.01.b. and will be
accompanied by a bill of sale, invoice or other documentation satisfactory to Buyer warranting that
Buyer has rightfully received good title to the Goods from Seller and that the goods are free and clear
of all liens.
Add the following new paragraph 10.01.13 immediately following 10.01.A.2:
Partial Payments
Seller may request payment of 25% of Bid Items 1A and 1B upon approval of the equipment
submittal. Seller may request payment of the remaining 75% of Bid Items 1A and 1B upon equipment
delivery. The remaining Bid Items 2, 3, 4, and 5 (and Alternate 1 if selected) shall be paid after all
Field Quality Control and Final Payment requirements are satisfied.
Payments equal to 95% of the value of the work within the requested payment will be on a monthly
basis. The Buyer will prepare the payment based on an estimate submitted by the Seller and
reviewed by the Buyer. The Seller shall submit the estimate no later than the 1" Monday of the
month.
Monthly estimates will be prepared on a basis of work performed through the last Monday of each
month. Payment for that month's work will be sent to the Seller by the end of the third full week of
the following month.
Non -Minnesota Sellers
If the If the Contract exceeds $100,000.00 or may be reasonably expected to exceed $100,000.00,
and is awarded to a non -Minnesota Contractor, progress payments shall be in accordance with
applicable State of Minnesota law. The non -Minnesota Seller shall file form SD -E (Exemption from
Surety Deposits for Out -of -State Sellers) with the Department of Revenue. The department will use
the form to determine if the Seller is exempt from the 8 percent surety deposit requirements. The
department will grant an exemption if:
The Seller gives the department a cash surety or bond, secured by an insurance company licensed in
Minnesota, which guarantees the Seller will comply with all provisions of Minnesota withholding,
sales, and corporate income tax laws, or
The Seller has done construction work in Minnesota at any time during the three calendar years
before entering into the Contract and has fully complied with Minnesota withholding, sales, and
corporate income tax laws.
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-10
If the Seller is exempt, the department will certify the form and return a copy to the Seller, who shall
provide a copy of the Buyers.
If the Seller is not exempt, the department will notify the Buyers to withhold the 8 percent surety
deposit from each payment made to the Seller. The Buyers will use form SD -D to make the surety
deposits.
The Department of Revenue will retain the surety deposits until the Seller's state tax obligations are
considered fulfilled. The department will then refund, with interest, any amounts held as surety.
SC —10.03
Delete paragraph 10.03.A. in its entirety and insert the following in its place:
A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the
Agreement. Buyer shall within 60 days after receipt of each Application for Payment with Engineer's
recommendation pay Seller the amount recommended. Buyer shall notify Seller promptly of any
deficiency in the documentation and shall not unreasonably withhold payment.
SC -10.04
Add the following new paragraph 10.04.0 immediately following paragraph 10.04.13:
C. The Buyer shall disburse and shall have the right to act as agent for the Seller in disbursing such funds
as have been withheld pursuant to the section, to the party or parties who are entitled to payment
therefrom. The Buyer will render to the Seller a proper accounting of all such funds disbursed in
behalf of the Seller.
SC -10.05
Delete the paragraph 10.05.A. in its entirety and insert the following new paragraphs in its place:
A. After the Engineer is notified by the Seller that the work is ready for final inspection, the Engineer and
his assistants shall inspect the work and assemble Punch List stating any needed corrections or
additions which are necessary to make the work fully acceptable to the Buyer. After notification by
the Seller that all corrections or additions have been completed, the Engineer and his assistants shall
re -inspect the work. If the re -inspections reveals that the corrections or additions have not been
made, or have not been made properly, making necessary additional inspections and assembly of
Punch Lists, the Buyer shall be entitled to recover as damages and may deduct from the unpaid part
of the contract the cost of the Engineer and his assistants while engaged in the additional inspections
and assembly of punch lists.
B. After Seller has, in the opinion of Engineer, satisfactorily completed all corrections identified during
the final inspection and has delivered, in accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance,
certificates of inspection, marked -up record documents, and other documents, Seller may make
application for final payment following the procedure for progress payments.
C. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Buyer that Seller believes are unsettled; and
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-11
d. complete and legally effective releases or waivers (satisfactory to Buyer) of all Lien rights
arising out of or Liens filed in connection with the Work.
D. In lieu of the releases or waivers of Liens specified in Paragraph 10.05.0 and as approved by Buyer,
Seller may furnish receipts or releases in full and an affidavit of Seller that: (i) the releases and
receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other indebtedness connected with the Work for which
Buyer might in any way be responsible, or which might in any way result in liens or other burdens on
Buyer's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to
furnish such a release or receipt in full, Seller may furnish a bond or other collateral satisfactory to
Buyer to indemnify Buyer against any Lien.
Certificate of Withholding State Income Tax: Final payment shall not be made to the Seller until he
furnishes a certificate showing that he has complied with the provisions of M.S.A. 290.92 requiring
withholding income tax wages at the source. Said certificate shall be executed by the Commissioner
of Taxation.
F. Liens: Neither the final payment nor any part of the retained percentage shall become due until the
Seller shall deliver to the Buyer a complete release of all liens arising out of this contract, or receipts
in lieu thereof; and, in either case, an affidavit that so far as he has knowledge or information, the
release and receipts include all of the labor and materials for which a lien can be filed. The Seller may,
if any subcontractor refuses to furnish a release or receipt in full, furnish a cash bond satisfactory to
the Buyer to indemnify the Buyer against any claim by lien or otherwise. If any lien and/or claim
remains unsatisfied after all payments are made, the Seller shall refund to the Buyer all moneys that
the latter may be compelled to pay in discharging such lien and/or claim including all costs and
attorney's fees.
G. Bonding Company Consent Letter: Final acceptance will not be made until the Seller furnishes a
consent letter from the bonding company for final payment for the work.
H. Final payment will not be made until all additional documentation required by State Statutes, if state
funding is utilized, or if federal regulations require additional documentation if federal funding is
involved, is provided to the City.
SC -10.07
Add the following new paragraphs 10.07.13, 10.07.C, and 10.07.D immediately following 10.07.A:
Acceptance of Final Payment Constitutes Release: The acceptance by the Seller of final payment shall be
and operate as a release to the Buyer of all claims and liability to the Seller for all things done or furnished
in connection with this work and for every act and neglect of the Buyer and others relating to and arising
out of this work. No payment, however, final or otherwise, shall operate to release the Seller or his
sureties from any obligations under this contract or the performance or payment bond.
C. Upon completion of the work and acceptance of the particular projects of the work, the Buyer shall pay
the Seller the amount of the final estimate, except that, as a condition of final payment, the Seller shall
guarantee the quality of the work for a period of one year following the date of signing the Final Payment
by the Buyer.
D. Prior to the termination date of the guarantee period, the Seller shall comply with the provisions of SC -
15.07.A .
Add the following new paragraphs 10.08 immediately following paragraph 10.07:
SC - 10.08 Substantial Completion
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-12
A. When Seller considers the entire Work ready for its intended use Seller shall notify Buyer and Engineer in
writing that the entire Work is substantially complete (except for items specifically listed by Seller as
incomplete) and request that Engineer issue a certificate of Substantial Completion.
Promptly after Seller's notification, Buyer, Seller, and Engineer shall make an inspection of the Work to
determine the status of completion. If Engineer does not consider the Work substantially complete,
Engineer will notify Seller in writing giving the reasons therefor.
If Engineer considers the Work substantially complete, Engineer will deliver to Buyer a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be
attached to the certificate a tentative list of items to be completed or corrected before final payment.
Buyer shall have seven days after receipt of the tentative certificate during which to make written
objection to Engineer as to any provisions of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days
after submission of the tentative certificate to Buyer, notify Seller in writing, stating the reasons therefor.
If, after consideration of Buyer's objections, Engineer considers the Work substantially complete, Engineer
will, within said 14 days, execute and deliver to Buyer and Seller a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes
from the tentative certificate as Engineer believes justified after consideration of any objections from
Buyer.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Buyer
and Seller a written recommendation as to division of responsibilities pending final payment between
Buyer and Seller with respect to security, operation, safety, and protection of the Work, maintenance,
heat, utilities, insurance, and warranties and guarantees. Unless Buyer and Seller agree otherwise in
writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial
Completion, Engineer's aforesaid recommendation will be binding on Buyer and Seller until final payment.
E. Buyer shall have the right to exclude Seller from the Site after the date of Substantial
Completion subject to allowing Seller reasonable access to remove its property and complete or correct
items on the tentative list.
ARTICLE 11— CANCELLATION, SUSPENSION, AND TERMINATION
SC —11.01
Delete subparagraph 11.01.A.1. in its entirety and insert the following in its place:
1. Buyer shall pay Seller for the direct costs incurred in producing any Goods the Seller has specifically
manufactured for the Project, plus a fee of 15 percent for overhead and profit.
SC -11.02 — Suspension of Performance by Buyer
At the end of 11.02.A add the following sentence; "Any suspension of the Contract that exceeds ninety (90)
calendar days, in the aggregate, shall, at Seller's sole discretion constitute termination of the Contract for Buyer's
convenience in accordance with Article 11.01 as amended herein."
ARTICLE 12 — LICENSES AND FEES
SC —12.02
Delete paragraph 12.02.C. in its entirety and insert the following in its place:
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-13
C. Seller shall promptly defend the claim or suit, including negotiating a settlement. Seller shall have
control over such claim or suit, provided that Seller agrees to bear all expenses and to satisfy any
adverse judgment thereof.
ARTICLE 13—DISPUTE RESOLUTION
SC -13.01
Add the following new paragraph 13.01.13 after paragraph 13.01.A:
Arbitration shall not be used to settle claims, disputes or other matters in question between Buyer
and Seller. At the Buyer's discretion, mediation may be allowed when other negotiations fail to
resolve the matters in question.
ARTICLE 14 – MISCELLANEOUS
SC –14.04
Delete paragraph 14.04.A. in its entirety and insert the following in its place:
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions
of the Contract Documents, unless such rights and or remedies have been waived or limited herein,
and the provisions of this paragraph will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obligation, right, and remedy to which they
apply.
Add the following new paragraph 14.06 immediately following 14.05:
SC -14.06 Reports, Records and Data
A. The Seller shall submit to the Buyer such schedule of quantities and costs, progress schedules,
reports, estimates, records and other data as the Buyer may request concerning the work performed
under this contract. Notwithstanding anything to the contrary herein or elsewhere in the contract
documents, under no circumstances shall Seller's financial records regarding fixed price and lump sum
charges for goods and services be subject to audit by Buyer.
Add the following new Article 15 immediately after Article 14:
ARTICLE 15 –TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
SC- 15.01 Notice of Defects
A. Prompt notice of all defective Work of which Buyer or Engineer has actual knowledge will be given to
Seller. Defective Work may be rejected, corrected, or accepted as provided in this Article 15.
SC- 15.02 Access to Work
A. Buyer, Engineer, their consultants and other representatives and personnel of Buyer, independent testing
laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspection, and testing. Seller shall provide them proper
SUPPLEMENTARY CONDITIONS
Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-14
and safe conditions for such access and advise them of Seller's safety procedures and programs so that
they may comply therewith as applicable.
SC- 15.03 Tests and Inspections
A. Seller shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or
approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests.
Buyer shall employ and pay for the services of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 15.03.0 and 15.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 15.04.13
shall be paid as provided in Paragraph 15.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically
to be inspected, tested, or approved by an employee or other representative of such public body, Seller
shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.
D. Seller shall be responsible for arranging and obtaining and shall pay all costs in connection with any
inspections, tests, or approvals required for Buyer's and Engineer's acceptance of materials or equipment
to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for
approval prior to Seller's purchase thereof for incorporation in the Work. Such inspections, tests, or
approvals shall be performed by organizations acceptable to Buyer and Engineer.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Seller
without written concurrence of Engineer, Seller shall, if requested by Engineer, uncover such Work for
observation.
F. Uncovering Work as provided in Paragraph 15.03.E shall be at Seller's expense unless Seller has given
Engineer timely notice of Seller's intention to cover the same and Engineer has not acted with reasonable
promptness in response to such notice.
SC- 15.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at Seller's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or
tested by others, Seller, at Engineer's request, shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
If it is found that the uncovered Work is defective, Seller shall pay all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to
such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or
reconstruction (including but not limited to all costs of repair or replacement of work of others); and
Buyer shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount thereof, Buyer may make a Claim therefor as provided in Paragraph 9.06 of the General
Conditions.
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-15
D. If the uncovered Work is not found to be defective, Seller shall be allowed an increase in the Contract
Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to
the amount or extent thereof, Seller may make a Claim therefor as provided in Paragraph 9.06 of the
General Conditions.
SC- 15.05 Buyer May Stop the Work
A. If the Work is defective, or Seller fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that the completed Work will conform to the
Contract Documents, Buyer may order Seller to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, this right of Buyer to stop the Work shall not give rise to any
duty on the part of Buyer to exercise this right for the benefit of Seller, any Subcontractor, any Supplier,
any other individual or entity, or any surety for, or employee or agent of any of them.
SC -15.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the
Project and replace it with Work that is not defective. Seller shall pay all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to
such correction or removal (including but not limited to all costs of repair or replacement of work of
others).
When correcting defective Work under the terms of this Paragraph 15.06 or Paragraph 15.07, Seller shall
take no action that would void or otherwise impair Buyer's special warranty and guarantee, if any, on said
Work.
SC- 15.07 Correction Period
A. If within one year after the date of Issuance of Final Payment (or such longer period of time as may be
prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by
any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of
any damages to the land or areas made available for Seller's use by Buyer or permitted by Laws and
Regulations is found to be defective, Seller shall promptly, without cost to Buyer and in accordance with
Buyer's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Buyer, remove it from the Project and replace it with Work
that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
If Seller does not promptly comply with the terms of Buyer's written instructions, or in an emergency
where delay would cause serious risk of loss or damage, Buyer may have the defective Work corrected or
repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to
such correction or repair or such removal and replacement (including but not limited to all costs of repair
or replacement of work of others) will be paid by Seller.
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-16
C. In special circumstances where a particular item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction period for that item may start to run from an
earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 15.07, the correction period hereunder with respect to such Work will
be extended for an additional period of one year after such correction or removal and replacement has
been satisfactorily completed.
E. Seller's obligations under this Paragraph 15.07 are in addition to any other obligation or warranty. The
provisions of this Paragraph 15.07 shall not be construed as a substitute for, or a waiver of, the provisions
of any applicable statute of limitation or repose.
SC- 15.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Buyer (and, prior to
Engineer's recommendation of final payment, Engineer) prefers to accept it, Buyer may do so. Seller shall
pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
attributable to Buyer's evaluation of and determination to accept such defective Work (such costs to be
approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not
otherwise paid by Seller pursuant to this sentence. If any such acceptance occurs prior to Engineer's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and Buyer shall be entitled to an appropriate decrease
in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to
agree as to the amount thereof, Buyer may make a Claim therefor as provided in Paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate amount will be paid by Seller to Buyer.
SC- 15.09 Buyer May Correct Defective Work
A. If Seller fails within a reasonable time after written notice from Engineer to correct defective Work, or to
remove and replace rejected Work as required by Engineer in accordance with Paragraph 15.06.A, or if
Seller fails to perform the Work in accordance with the Contract Documents, or if Seller fails to comply
with any other provision of the Contract Documents, Buyer may, after seven days written notice to Seller,
correct, or remedy any such deficiency.
In exercising the rights and remedies under this Paragraph 15.09, Buyer shall proceed expeditiously. In
connection with such corrective or remedial action, Buyer may exclude Seller from all or part of the Site,
take possession of all or part of the Work and suspend Seller's services related thereto, take possession of
Seller's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work
all materials and equipment stored at the Site or for which Buyer has paid Seller but which are stored
elsewhere. Seller shall allow Buyer, Buyer's representatives, agents and employees, Buyer's other Sellers,
and Engineer and Engineer's consultants access to the Site to enable Buyer to exercise the rights and
remedies under this Paragraph.
All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
incurred or sustained by Buyer in exercising the rights and remedies under this Paragraph 15.09 will be
charged against Seller, and a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Buyer shall be entitled to an appropriate decrease in
the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Buyer may make
a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but
not be limited to all costs of repair, or replacement of work of others destroyed or damaged by
correction, removal, or replacement of Seller's defective Work.
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-17
D. Seller shall not be allowed an extension of the Contract Times because of any delay in the performance of
the Work attributable to the exercise by Buyer of Buyer's rights and remedies under this Paragraph 15.09.
END OF SUPPLEMENTARY CONDITIONS
SUPPLEMENTARY CONDITIONS
Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-18
At GE
Water & Process Technologies
Clarifications
GE's proposal is based on the following clarifications to the City of Hutchinson, MN Letting No. 8 -
Project No. 17-08 UP17-08) Specifications for Wastewater Treatment Facility (WWTF)
Membrane Bioreactor Cassette Replacements.
Section
Section 11350:
1.2.C.1
Section 11350
1.2.C.2
Standard Terms and
Conditions of the
Construction Contract-
EJCDC C-700
Document 0801 -
Supplementary Conditions
to EJCDC C-700 General
Conditions of the
Construction Contract -
2007 Edition
I
SUPPLEMENTARY CONDITIONS
Wording
Clarification
GE has provided documentation to demonstrate the
Fecal Count = 0
capability of the ZW500D membrane regarding this
requirement. GE's proposal does not include a guarantee
regarding fecal count.
Permeate BOD will be dependent on the appropriate
BOD < 5 mg/L
expanded design of the biological process and aeration,
which is outside of GE's scope. GE's proposal does not
include a guarantee regarding BOD.
GE's proposal is based on the replacement
Full section
document with EJCDC P-700, serie as amended by
GE.
Full section GE's proposol assumes this document has been removed.
GE's proposal is based on the inclusion of t
supplementary conditions as outlined below.
GE requests that the following Supplementary Conditions be included to amend the City of Hutchinson
Specifications:
Regarding Document 0500 - Contract Agreement Form Letting No. 8/Project No. 17-08:
1. Re opening pargaraph is
Please revise "and of _ _ h.ereinal ter called the Contractor, witnesseth:" to read
"and Zenon Environmental Corporation of ; ;ichigan hereinafter called the Supplier (of the Membrane Bioreactor
Cassettes Rep!acer�ients, hereinafter the "Equipment"), witnesseth:
2. Re entire document:
1. Throughout this Contract Agreement Form, please change "Contractor" to "Supplier".
3. Re paragraph ii:
1. In the first sentence, please change "conn; action" to "equipment supply".
2. At the end of the first sentence please add ", or as otherwise ed in Supplier's Proposal as
accepted by the City".
3. In the second sentence, after "Said plans" please add "and Supplier's Proposal".
4. Please revise paragraph iv to read as follows:
Supplier shall deliver a!! Equipment to CITY CIP (Incoterms 2010) to City of Hutchins water Facility for
unloading, storage for installation by City. Fnllowing inspection ipment during unloading, any non-
conforming Equipment or Equipment damaqed duriny deliver; II be replaced with conforming Equipment by
Supplier at Supplier's cost. ns < of loss to the Equipment shall a from Supplier to CITY at the
point of pan handover and unloading by City.
GE
Water & Process Technologies
Re ar in r Delay By CITY: The time for delivery of the Equipment to CITY shall be s �is Contract.
Supplier's sole liability elay in delivery of the Equipment shall be as ex set out in this Contract. The
place of delivery specified herein sha and fixed, provided may notify Supplier no later than forty-
five 1451 days prior to the scheduled shipment date ui ment of an alternate point of delivery. CITY shall
compensate Supplier for any additio in implementing the c If any part of the Equipment cannot be
delivered when ready d y cause not attributable to Supplier, CITY shall e ' storage location, and
Supplier p such Equipment to storage. Title and risk of loss shall thereupon pass to CI ounts
a le to Supplier upon delivery or shipment shall be paid by CITY along with expenses incurred by Supplier.
Re eliver Delay By Supplier: If CITY incurs damages solely attributable to delivery dela 'er,
Supplier agreestop ated damages to CITY at the rate of $500 for each do i ares after the time
specified in the Contract for deliver table Equipment. Suc i i a damages payable by Supplier shall
constitute the CITY's sole and exclusive remedy for u plier in achieving completion of the Work within the
time specified in the Contract Doc . upplier's obligation top i ' ated damages pursuant to this
Contract shall be ' ' o an amount equal to ten percent (10%) of the Supplier's rice. Notwithstanding,
S a have no liability to CITY under this Article if Supplier's delay causes no damages or loss Y.
Re paragraph v:
1, a first and second sentences, please change "the work" to "delivery of the Equi
2. In the secon se lease change "per the Supplementary Conditi a Specifications, in
accordance with the terms " to read "per paragraph ' mended herein". Then, at the end of
the second sentence, delete "and in additi ' uidated damages, the Supplier agrees to pay
all costs of the City's superintendence work durin '
elay"
.
3. In the third sentence, I e ete "and in case of the failure of the Supp i rform this contract
and complet ork at the time hereinafter specified, the City may immediately, or a me
th er, proceed to complete the work at the cost and expense of the Supplier".
Please delete the fourth sentence.
6. Re paragraph vi:
Please rep ac ntence with the following: "All changes to theEquipmen s s all be subject to
mutual agreement via a writtenc or variation, wh' ecome effective once signed by both
Parties. The scope, Contract price, schedu er p ll be equitably adjusted to reflect additional
costs or obligations in upplier resulting from a change, after Supp i I date, in CITY's site-
s irements or procedures, or in industry specifications, codes, standards, applicable laws gdlaii�n.
paragraph ix:
Please add the o tier shall indemnify and hold harmless CITY from claims for ph si e o third
party property or injury to persons, i eath, to the extent caused b ence of Supplier or its officers,
agents, employees, and/or assigns while engaged in ac ' ' er t is Contract. In the event such damage or
injury is caused by thejoint or con igence of Supplier and Cl hall be borne by each Party in
proportion to' ' rice. For the purposes of this article (i) "Third party" shall not i
insurer; and (ii) no portion of the Equipment is "third party property"."
paragraph x:
or
Please rev' is paragraph to read as follows: "Supplier warrants that Equipment shall be delivere ram
defects in materiaF, WefkQanship and title and that Services shall be performed in a compe iligent manner in
accordance with any mutual y d specifications. Supplier's warranty does not the results of improper
handling, storage, installation, operation intenance of the Equipmen TY or third parties, repairs or
alterations made by CITY without Supplier's written ent, influ ater which does not comply with agreed
parameters, or fair wear and tear. Supplier's sole respon ' i CITY's exclusive remedy arising out of or relating
to the Equipment or Services or any breach of th arranties is limite air or (at Supplier's option)
replacement of the defective item of E ' ent, and re -perform defective Service . oval of nonconforming
Equipment, shipment and rein ion of repaired Equipment or installation of replaced Eq ' t and all
associated costs are i y's responsibility. In performance of its obligations hereunder, Supplier wi ntrol
the actual a ion of either CITY's systems or the Equipment at the CITY's site. Warranty repair„ replacement or
re- mance by Supplier shall not extend or renew the applicable warranty period. The warranties and remedies
I GE
Water & Process Technologies
et forth in this Contract are in lieu of and exclude all other warranties and remedies, statutory, expr r implied,
inclu warranty of merchantability or of fitness for a particular purpose."
9. Re paragraph xi:
1. Please delete the fir_sT#er
2. In the third sentence, please
"listing".
Following the third sentence dd'fhe following statements. "Supplier agrees to extend its existing
general liability ins ce coverage to CITY, but only in respec rk performed by or on behalf of
the name red, Supplier, and only to the extent that the additional in s held liable for the
Dogfig-e`nce or other culpability of Supplier. Coverage under Supplier's policy does no nd to
liability arising out of the additional insured's own negligence."
Please add a new paragraph xv with the heading "Suppliers Limit of Liability to City" that reads as follows:
"Notwit ding anything else contained in the Contract, to the maximum extent permitted by law, and ardless
of whether a c s based in contract (including warranty or indemnity), extra -contractual liabilit rt (including
negligence or strict Iia ' ' I, statute, equity or any other legal theory:
THE TOTAL LIABILITY OF THE SOPKtER AND OF ITS INSURER FOR ALL CLAIMS ARISING OF OR RELATING TO THE
PERFORMANCE OR BREACH OF THE CO ACT OR USE OF ANY EQUIPMENT OR ICES SHALL NOT EXCEED THE
TOTAL PRICE PAID BY CITY UNDER THE CONT
IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY LOS PROF REVENUES, LOSS OF PRODUCTION, LOSS OF USE
OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIP TERRUPTION OF BUSINESS, COST OF CAPITAL, COST
OF REPLACEMENT WATER OR POWER, DOWNTIME C INCREAS FRAYING COSTS, CLAIMS OF CITY'S
CUSTOMERS FOR SUCH DAMAGES, OR FOR AN ECTAL, CONSEQUENTIAL, DENTAL, INDIRECT, PUNITIVE OR
EXEMPLARY DAMAGES;
SUPPLIER'S LIABILITY SHALL E PON EXPIRATION OF THE APPLICABLE MECHANICAL WA TY PERIOD, PROVIDED
THAT CITY MAY CONTIN ENFORCE A CLAIM FOR WHICH IT HAS GIVEN NOTICE PRIOR TO THA TE BY
COMMENCING AN ION OR ARBITRATION, AS APPLICABLE UNDER THE CONTRACT, BEFORE EXPIRATIO ANY
STATUTE OF ITATIONS OR OTHER LEGAL TIME LIMITATION BUT IN NO EVENT -TO THE EXTENT PERMITTED B
APPLI E LAW - LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD."
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Items for City Alley #36 Improvements Project (L13/P17-13)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff
Consent Agenda
Time Requested (Minutes): 0
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above
referenced project letting at their July 11th meeting.
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 19,250.00
Total City Cost: $ 9,625.00 Funding Source: Infrastructure Maintenance
Remaining Cost: $ 9,625.00 Funding Source: Special Improvement Assessments
RESOLUTION NO. 14727
RESOLUTION DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 13/PROJECT NO. 17-13
BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
A certain petition requesting the following improvement:
Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave
SE to 6th Ave SE: Alley improvements by construction of pavement distress patching,
milling, overlaying and appurtenances.
Said Petition is hereby declared to be signed by the required percentage of owners of
property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035.
2. The petition for proposed L13P17-13 is hereby referred to the Engineer for study and that
person is instructed to report to the Council with all convenient speed advising the Council in
a preliminary way as to whether the proposed improvement is necessary, cost-effective, and
feasible; whether it should best be made as proposed or in connection with some other
improvement; the estimated cost of the improvement as recommended; and a description of
the methodology used to calculate individual assessments for affected parcels.
Adopted by the Council this 13th day of June 2017.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
C
February 27, 2017
Re: Alley Improvement — Alley #36
Dear Residents:
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-6971
There has been an inquiry regarding improvements to the alley abutting your property.
After initial feasibility work to determine project scope, a cost estimate for the improvement was
done. The project considered includes patching distressed areas, milling the edges of the alley
and paving about 1 %2" wear course bituminous (blacktop) pavement. This improvement would
improve drainage and would likely provide many years of service to abutting properties.
The project cost estimate is $19,250. Under the Assessment Policy, the City pays for one half of
the project, or $9,625. The remaining $9,625 of the cost would be assessed, using an assessment
rate of $5.53 per foot backing to the alley, with all properties participating equally.
A 66 -foot lot abutting the alley would pay $366 in assessments for the improvement up front our
about $80 per year over a 5 -year period, assuming 3% interest. Actual amounts assessed may be
different, and would be based upon actual costs of the improvement.
Also attached for your reference are excerpts from the City's Assessment Policy. The
highlighted sections pertain to alley construction.
This alley is not currently identified on the City's capital improvement plan. If the improvement
is desired, a petition from local property owners would need to be be submitted to the City. If
the petition were signed by all property owners, the project could be done without a hearing. If
the petition is signed by at least 35%, or 9 property owners abutting the alley, a hearing for the
project could be scheduled.
I would be happy to answer any questions I can.
Thanks,
John Olson
Public Works Manager
(320) 234-4473
jolson e,ci.hutchinson.mn.us
City of Hutchinson
F1. FVFNTM AVF r.F
yCenterline
Map
TrNT- A'.F r,F �
Ika'clarlwr
Ff 4Y TM ArF NF
Ire e�m J.SE'r d TL.rrcrr'naUar ani that ll,eee citta and TaR>� flare beam
C,SE31Hd e'q rij Y•1r3L-AffiarerrnrR'r:ream a,llra Y
trrlb
tMA Ire ttfrE 3rM aAY,YIfrl1G'.'a—&4 Cf�aocAllalL^r'.TrlEy'ly Q•Iryi
W Ufrl; aVkl
ne{xee arld 6.iNJLICI rr,f to cnru:lSnred K perHgralyar...Irdle.
yapti'tl!Pt.Iiiwt
Th. d.c vded
Th. nafa is praNLlEcI •aar 1�^ wrLl r:o dalmmane ac in Its acaxJra�' ar la
agorcptaEevlees to Its fYfErc7eIArae :9111-e Sara. It Ieily rEspa%bI ty ar Cas 6 d
NCSRTI-I' sn6n'.i
Safer to de aware e17,eG'elia'i ITnldlluc a'rm ['a :ItI,—tlx IYIam �cnyr+�Ie
fraanrf�arxT U•a=Qna LArxr a3e'.�-hrao Tree�Ity arnhMrRm anrr,•Aees for
F
COrri->rma,!;OLd I'm,PlLiBI�+]ri'f(CI"5'iCa1. P.IerMpll Jirdlruf0
The rty k�tJ16kFIeaR be aleltl ttr
II,���
L• S �: L �,-•
: i �
L'b11VrY�IDE6 slap rJr r�or�7cle aTY'�+
egmmsec.0Zr174fi cr IrJurL* cp§" wFrtdtleMi w=rw*gwer"
ai
r cs
v
„;rdflelrg
>Q pr, 7rA'at aieF'rerrrtlne lal, rr rnetse rntlle
ACAOFMY
,4�
4
re f!rJ
,R IFi IhI AVF FJG in Cn
AGGREGATE
y 50
BITUMINOUS
CONCRETE
cr,Ll caF A'wk
A
UNDEVELOPED
n48
45
1
64 ���
a
r fro
rJ
y V a
K
�'
? � Sryl^r ry�•�
fi
IekF7dy ♦ `" 'att-
2
64.a
i
e
�f
u �k lk
F
V
s la T
a 'PrxJ.q� 7
Awp 12
d
n>
T-
r~�f'P
?Fan F r.•rr
Orly
AVF iw
,7 f
3
2Is
AVE
In F-RST
AVF NF
$
s
�'
22
32
X40
'
WA`aHwcTON
YF
A.HI1.ef;Teh 41147 F
•.�
;sa
21
31
r
47
57 �
71
H UnNY [ANF iN
tRl
A1'F
-1R>T
A`F
.�•
2
3
39
6
�
7
sF'r.:ar,rn
ayc ,.N
SFCf�fR
AV
tiFe'.
rY.n
46
-
5
S'
.n
1
38
4
55�
6
69
78
8
In
THI
AV
'1% TNI
P.
Ar'F
riF
r„
2
83
n
F.7N
5
61
68
�771
r ir,
FOURTHrejuAIIH
FOUR
M
%VF
1
1
„ 2
37
's.
4
5
6
�
6
!
7
82
STH A•: r YY
FIFrR
AVF -:M'
JLIF.RJ:FNS RN 'SW'
1„
IFTH
AYF N
FI
AV
S
4,
In
-JLI�J]
Rrt,pR Sae
9
'4
rt
e:
Alley #36. Petition received
,1•:I
,� Avs sw
1
2
36
MARSO+v
AYF 5w
1
for overlay project
.s
II
J1fcF
A
rwf1
65
`
h SL)AiTRYIFW
/111 FR AVF: SW
MI
FR
A
4'N
3
41 FAIR
AvF SF
IFR3W'a
r�,
5i
4
13
' 1
2a■F!I
£ry
AYF
SWVF
r�
34
Ml�
ti!
Tmt
t AkJRA
AVF --dY
u Yl.L".,Ge F A4<'
K
C-
CRAWL.
AVF SAY
"I INTH
AVF :W
James Allen
Brad Wick
John & Valerie Sharstrom
Catherine McGinnis
505 Main St S
505 Mason S
535 Main St S
545 Main St S
55 0
Hutch'nso , MN 55350
Hutchinson, MN 55350
Bryan Renkes
Justin Rooney
G' gory &Betty Jodzio
Doublas Renkes
2775 1815` Ave NW
549Main St
555 Main St S
Cedar, MN 55011-9321
n N 5350
Hutchinson
Hutchinson, MN 55350
Re: 557 Main St S, Hutchinson, MN
Amy Forcier
Larry & Linda Heldt
Harley & Barbara Rosebrock
565 Main St S
575 Main St S
585 Main St S
Hutchinson, MN 55350
Hutchinson, MN 55350
Hutchinson, MN 55350
!Michelle
Adam & Jessical Fink
James & Erwin
591 Main St S
594 Main St S
Hutchinson, MN 55350
Hutchinson, MN 55350
Chad Darnell
Brian & Sharon Wilson
Ronald & Denise Schmidt
504 Hassan St SE
516 Hassan St SE
526 Hassan St SE
Hutchinson, MN 55350
Hutchinson, MN 55350
Hutchinson, MN 55350
Matthew Veseley
Steven Kuehl
Raymond Visher
Kathryn Lindahl
Kat a
Kat
546 Hassan St SE
552 Hassan St SE
Hassan SE
Hutchinson, MN 55350
Hutchinson, MN 55350
Hutchinspn, M
• �50
Jon & Judith Otteson
Teresa Butler
Eldonna Rettman
558 Hassan St SE
560 Hassan St SE
564 Hassan St SE
Hutchinson,., M� 55350
Hutchinson, MN 55350
Hutchinson, MND 55350
1 �(
Michiel & Patricia Docken
1240 Rolling Oaks Ln NW
Emanuel Albrecht
Alan & John Kock
Hutchinson, MN 55350
576 Hassan St SE
586 Hassan St SE
Hutchinson, MN 55350
Hutchinson, MN 55350
Re: 566 Hassan St SE, Hutchinson, MN
Timothy & Lisa Ellefson
43-6 th Ave SE
Hutchinson, MN 55350
0
l /12 y - J/4
HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT
Hutchinson City Center/111 Hassan St SE/Hutchinson MN 55350-2522/320-234-4209/FAX 320-234-4240
ENGINEERING REPORT & FEASIBILITY STUDY
TO: Mayor & City Council
FROM: Kent Exner, DPW/City Engineer
DATE: June 13, 2017
SUBJECT: Letting No. 13/Project No. 17-13
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L13/P17-13 City Alley #36 Improvements: bituminous milling/patching/surfacing and appurtenances.
ESTIMATED COST TOTAL
Construction Cost $19,250
Engineering $0
Administration $0
ESTIMATED TOTAL $19,250
ESTIMATED FUNDING
TOTAL
Assessable Costs
$9,625
State Aid
$0
Cit - Bonding
$0
City - Stormwater Funds
$0
Cit - Infrastructure Maintenance Funding
$9,625
ESTIMATED TOTAL
$19,250
RESOLUTION NO. 14728
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO. 13/PROJECT NO. 17-13
WHEREAS, pursuant to a resolution of the Council adopted June 13th 1027, a report has been
prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed
improvements:
Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave
SE to 6th Ave SE: Alley improvements by construction of pavement distress patching,
milling, overlaying and appurtenances; and
said report was received by the Council on June 13th 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvement in accordance with the report at an estimated total cost
of the improvement of $19,250.00.
2. A public hearing shall be held on such proposed improvements on the 11th day of July, 2017, in
the Council Chambers of the Hutchinson City Center at 6:00 PM and the Clerk shall give mailed and published
notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 13th day of June 2017.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
PUBLICATION NO. 8234
NOTICE OF HEARING ON IMPROVEMENT
LETTING NO. 13
PROJECT NO. 17-13
TO WHOM IT MAY CONCERN:
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 6:00 pm on the 11th day of July, 2017, to
consider the making of an improvement of Letting No. 13/Project No. 17-13, an improvement of:
Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave
SE to 6th Ave SE: Alley improvements by construction of pavement distress patching,
milling, overlaying and appurtenances
pursuant to Minnesota Statutes, Sections 429.011 to 429.111.
The estimated City cost of said improvement is $9,625.00 and an Assessable cost of $9,625.00 for the total
estimated cost of $19,250.00 A reasonable estimate of the impact of the assessment will be available at the
hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this
meeting.
Dated: 06/13/2017
Matt Jaunich, City Administrator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR
AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE
REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON
WEDNESDAY, JUNE 28TH 2017 AND WEDNESDAY, JULY 5TH 2017.
CHECK REGISTER A -FOR CITY OF HUTCHINSON
CHECK DATE FROM 05/23/2017 - 06/13/2017
Check Date -----
-------------
05/19/2017
----------- Check
--------
196417
Vendor Name
-------------------------------------------------------
--
SYSCO WESTERN MN
Description Amount
------------------------------------------------------------------------ -------------------
MANITOWOC 522 ICE CUBE MACHINE & WORK TABLE 4,513.16
05/26/2017
196418
MNPEA
5/7/17-5/20/17 PAYROLL 624.00
05/26/2017
196419
UNUM LIFE INSURANCE COMPANY OF AMERICA
5/7/17-5/20/17 PAYROLL 993.63
05/26/2017
196420
HART
5/7/17-5/20/17 PAYROLL 662.21
05/26/2017
EFT468
EFTPS
5/7/17-5/20/17 PAYROLL 67,211.43
05/26/2017
EFT469
AFLAC
5/7/17-5/20/17 PAYROLL 170.41
05/26/2017
EFT470
Minnesota Dept. of Revenue
5/7/17-5/20/17 PAYROLL 12,789.74
05/26/2017
EFT471
PERA
5/7/17-5/20/17 PAYROLL 50,058.11
05/26/2017
EFT472
TASC-Flex
5/7/17-5/20/17 PAYROLL 1,886.76
05/26/2017
EFT473
TASC-HSA
5/7/17-5/20/17 PAYROLL 12,459.84
05/26/2017
EFT474
ICMA
5/7/17-5/20/17 PAYROLL 1,958.92
05/26/2017
EFT475
VOYA
5/7/17-5/20/17 PAYROLL 990.00
05/26/2017
EFT476
MNDCP
5/7/17-5/20/17 PAYROLL 305.00
05/31/2017
196421
HUTCHINSON, CITY OF
CASH DRAWER START UP CASH -AQUATIC CENTER 1,000.00
06/09/2017
196422
NCPERS
5/21/17-6/03/17 PAYROLL 336.00
06/09/2017
196423
HART
5/21/17-6/03/17 PAYROLL 663.87
06/09/2017
EFT477
EFTPS
5/21/17-6/03/17 PAYROLL 73,318.42
06/09/2017
EFT478
Aflac
5/21/17-6/03/17 PAYROLL 170.41
06/09/2017
EFT479
MN Dept of Revenue
5/21/17-6/03/17 PAYROLL 13,594.71
06/09/2017
EFT480
PERA
5/21/17-6/03/17 PAYROLL 47,661.79
06/09/2017
EFT481
TASC-Flex
5/21/17-6/03/17 PAYROLL 1,886.76
06/09/2017
EFT482
TASC-H S A
5/21/17-6/03/17 PAYROLL 12,306.00
06/09/2017
EFT483
ICMA
5/21/17-6/03/17 PAYROLL 2,322.40
06/09/2017
EFT484
VOYA
5/21/17-6/03/17 PAYROLL 990.00
06/09/2017
EFT485
MNDCP
5/21/17-6/03/17 PAYROLL 305.00
06/13/2017
196424
A.M. LEONARD INC
ENERGY TREES 561.22
06/13/2017
196425
ABM EQUIPMENT & SUPPLY
CHAINSAW, INSTALL COVER OVER HYDDRULIC L 851.71
06/13/2017
196426
ACE HARDWARE
VARIOUS REPAIR & MAINTENANCE SUPPLIES 1,107.12
06/13/2017
196427
VOID
-
06/13/2017
196428
VOID
06/13/2017
196429
ALEXANDRIA TECHNICAL COLLEGE
ALEX STATE FIRE EMS RESCUE SCHOOL -P JESERITZ 135.00
06/13/2017
196430
ALLIED PRODUCTS
4X6 MINNESOTA NYLON FLAG, POW MIA, US 165.92
06/13/2017
196431
ALPHA WIRELESS
MAINT ON CONSOLE & FIXED TRANSMITTERS 3,923.19
06/13/2017
196432
AMERICAN BOTTLING CO
MAY COST OF GOODS - LIQUOR 386.96
06/13/2017
196433
AMERIPRIDE SERVICES
TOWEL BAR, MOPS, MATS 200.62
06/13/2017
196434
ARCTIC GLACIER USA INC.
ICE - LIQUOR STORE 1,113.65
06/13/2017
196435
ARNESON DISTRIBUTING CO
MAY COST OF GOODS - LIQUOR 1,351.30
06/13/2017
196436
ARTISAN BEER COMPANY
MAY COST OF GOODS - LIQUOR 2,085.35
06/13/2017
196437
ASPEN MILLS
UNIFORMS- EB PANT POLY/COTTEN EMT NAVY 745.90
06/13/2017
196438
ATLAS OUTFITTERS
MUSTANG SURVIVAL ICE COMMANDER REPAIR 317.25
06/13/2017
196439
AUTO VALUE - GLENCOE
VARIOUS AUTO MAINTENANCE SUPPLIES 242.68
06/13/2017
196440
B & C PLUMBING & HEATING INC
VARIOUS PLUMBING REPAIR WORK 3,203.25
06/13/2017
196441
BACHMAN'S
ENERGY TREES- MAPLE ROYAL RED 588.50
06/13/2017
196442
BAILEY NURSERIES INC
SUN VALLEY MAPLE,FALL FIESTA SUGAR,NORTH 6,421.54
06/13/2017
196443
BARGEN INC
CRACKFILL- DIVISION, MILWAUKEE, MILLER, 92,215.55
06/13/2017
196444
BELLBOY CORP
MAY COST OF GOODS - LIQUOR 3,267.04
06/13/2017
196445
BERNICK'S
MAY COST OF GOODS - LIQUOR 550.40
06/13/2017
196446
BETTER HALF EMBROIDERY
EMBROIDERED PULLOVERS WITH CITY LOGO 105.96
06/13/2017
196447
BFG SUPPLY CO
QP ETHEPHON 177.16
06/13/2017
196448
BLACKBIRD, CHASE
REIMBURSE SAFETY FOOTWEAR 175.00
06/13/2017
196449
BRADFORD LAW OFFICE
REFUND OVERPAYMENT OF HAAG EDA LOAN PAYOUT 576.80
06/13/2017
196450
BRANDON TIRE CO
DISMOUNT & MOUNT -JD WHAM MOWER #295 172.50
06/13/2017
196451
BREAKTHRU BEVERAGE
MAY COST OF GOODS - LIQUOR 11,639.10
06/13/2017
196452
BROTHERS FIRE PROTECTION COMPANY
2017 ANNUAL ALARM INSPECTION - WATER & SEWER 665.00
06/13/2017
196453
BRY-AIR
DESICCANT, DRYGEL PLUS 200 3,368.42
06/13/2017
196454
BUFFALO CREEK ENTERPRISES
MARGARITA SALT 69.36
06/13/2017
196455
BUSHMAN, RAQUEL
WEBSTAURANTSTORE- CONCESSIONS REIMB 265.69
06/13/2017
196456
BUSINESSWARE SOLUTIONS
MAY Cost per Print 1,867.19
06/13/2017
196457
C & L DISTRIBUTING
MAY COST OF GOODS - LIQUOR 75,240.63
06/13/2017
196458
CANNON RIVER WINERY
MAY COST OF GOODS - LIQUOR 432.00
06/13/2017
196459
CENTRAL APPLICATORS INC
TREE PRUNING, DITCH TREE REMOVAL ON DALE 2,565.00
06/13/2017
196460
CENTRAL HYDRAULICS
FEMALE JIC 37 SWIVEL, HOSE 84.43
06/13/2017
196461
CENTRAL MCGOWAN
CYLINDER MAINT FEE 329.65
06/13/2017
196462
CENTRAL TURF & IRRIGATION SUPPLY
SPRAY NOZZLE, WILK PVB, PROTURF 1,685.85
06/13/2017
196463
COLD SPRING GRANITE CO
NS -3 COMP NICHE PLAQUE- L & L KLITZKE 237.00
06/13/2017
1196464
1 COMDATA CORPORATION
MISC PURCH - CASH WISE 321.08
CHECK REGISTER A -FOR CITY OF HUTCHINSON
CHECK DATE FROM 05/23/2017 - 06/13/2017
Check Date
------------------
06/13/2017
Check
-------------------
196465
Vendor Name
---------------------------------------------------------
CREEKSIDE SOILS
Description Amount
----------------- ------------------------------------------------------- -------------------
50/50 COMPOST BLACK DIRT 31.00
06/13/2017
196466
CROW RIVER AUTO & TRUCK REPAIR
AIR CONDITIONER SERVICE- 2014 CHEV CAPRICE 913.69
06/13/2017
196468
CROW RIVER OFFICIALS ASSN
YOUTH SOCCER, UMPIRES FEES, TOURNAMENTS 15,895.00
06/13/2017
196469
CROW RIVER PRESS INC
WINDOW #10 ENVELOPES FOR AP DISBURSEMENTS 1,141.64
06/13/2017
196470
CROW RIVER WINERY
MAY COST OF GOODS - LIQUOR 940.21
06/13/2017
196471
DRAIN PROS INC
CLEAN OUT KITCHEN DRAIN - SENIOR DINING 145.00
06/13/2017
196472
DROP -N -GO SHIPPING INC
APRIL -MAY POSTAGE/MAILING SERVICES 1,745.74
06/13/2017
196473
DUNDEE
SITE BEAUTIFICATION 42.32
06/13/2017
196474
DVS RENEWAL
PD TABS- 2014 CHEVY#3205, 2014 CHEVY #24 10.00
06/13/2017
196475
DYNA SYSTEMS
DYNA-BRAKE CLEANER, NUSS SS HEX 200.07
06/13/2017
196476
E2 ELECTRICAL SERVICES INC
WIRE HOIST HATS BUILDING 813.20
06/13/2017
196477
EBERT CONSTRUCTION
HUTCHINSON ENTERPRISE CENTER PAY REQUEST#2 348,222.50
06/13/2017
196478
EMPLOYMENT RESOURCE CENTER
TEMPORARY STAFFING -COMPOST & REFUSE 1,834.38
06/13/2017
196479
ENVIRONMENTAL RESOURCE ASSOC
WASTE WATER COLIFORMS, COMPLEX NUTRIENTS 586.24
06/13/2017
196480
FASTENALCOMPANY
VARIOUS REPAIR & MAINTENANCE SUPPLIES 1,008.00
06/13/2017
196481
FEDERAL SIGNAL CORP
2 -WAY DIGITAL FSK & DTMF ENCODER, DIGITA 8,950.00
06/13/2017
196482
FINANCE & COMMERCE
SUBSCRIPTION- K.EXNER 539.73
06/13/2017
196483
FIRE SAFETY USA INC
BULLARD BOURKE EYESHIELD FOR UST- FIRE 165.00
06/13/2017
196484
FIRST CHOICE FOOD & BEVERAGE SOLUTI
COFFEE FOR HATS FACILITY 228.00
06/13/2017
196485
FIRST WITNESS CHILD ADVOCACY CENTER
SACAC 2017 CONFERENCE -A. NORTROM 150.00
06/13/2017
196486
FOKKEN, KYLE
2017 -ARTWORK LEASE 1,000.00
06/13/2017
196487
FOREST EDGE WINERY
MAY COST OF GOODS - LIQUOR 117.00
06/13/2017
196488
FORESTRY SUPPLIERS INC
PISTON ASSEMBLY OF 85130 23.87
06/13/2017
196489
FRED HOLASEK & SON INC
PLANTS/FLOWERS ORDER 2,639.37
06/13/2017
196490
G & K SERVICES
COVERALLS, TOWELS, MATS & MOPS 251.87
06/13/2017
196491
GAVIN WINTERS DONLEY & OSTLUND LTD
FLAT FEE LEGAL AGREEMENT -JAN 3,300.00
06/13/2017
196492
GEORGE QUAST & G & J CANVAS
SIGN & AWNING GRANT- EDA DOWNTOWN LOAN FUND 1,000.00
06/13/2017
196493
GOODPOINTE TECHNOLOGY
PAVEMENT CONDITION SURVEY- STREETS,TRAI 2,820.00
06/13/2017
196494
GRANITE ELECTRONICS
RADIOS, PAGERS & BATTERIES 1,121.25
06/13/2017
196495
HAGER JEWELRY INC.
D. EBERT RETIREMENT GIFT 94.50
06/13/2017
196496
HAMRE, AUSTIN
INSTALL LARGE SIGN, INSTALL LETTERS 1,150.00
06/13/2017
196497
HAWKINS INC
WATERPARK POOL CHEMICALS 5,103.35
06/13/2017
196498
HENRY'S WATERWORKS INC
UPM 3.0 SPRING/COLD PATCH 837.20
06/13/2017
196499
HENRYS FOODS INC
WATERPARK CONCESSION SUPPLIES 388.09
06/13/2017
196500
HILLYARD/HUTCHINSON
VARIOUS JANITORIAL SUPPLIES 1,108.50
06/13/2017
196501
HOEFT, RACHELLE
REIMBURSE FOR DOUBLE -CHARGE ON CAMP & SWIM 105.00
06/13/2017
196502
HOLT MOTORS INC
PARKS DEPT F150 (2 QTY) PER FLEET PLAN 40,357.18
06/13/2017
196503
HOVEN, MARTHA
MAY COST OF GOODS - LIQUOR 115.50
06/13/2017
196504
HP INC
WATERPARK CONCESSIONS #3- HP ELITE DESK 800 606.77
06/13/2017
196505
HRA
CITY HOME IMPR LOAN -TIF- B. SCHWARZROCK 939.30
06/13/2017
196506
HRA
CITY HOME IMPROVEMENT LOAN -TIF- B. SCHWA 193.00
06/13/2017
196507
HRA
PAUKERT PAYMENT TO HRA 29,242.00
06/13/2017
196508
HUTCHFIELD SERVICES INC
COMMERCIAL JANITORIAL - JUNE 1,415.00
06/13/2017
196509
HUTCHINSON CO-OP
34# FORKLIFT LP GAS - CREEKSIDE 3,896.65
06/13/2017
196510
HUTCHINSON CONVENTION & VISITORS BU
MARCH 2017 LODGING TAX 6,800.06
06/13/2017
196511
HUTCHINSON GIRL'S SOFTBALL ASSOCIAT
FEES REIMB FROM 2017 REGISTRATION 9,855.00
06/13/2017
196512
HUTCHINSON HEALTH CARE
JUNE COMMON AREA MAINTENANCE CHARGE 2,277.99
06/13/2017
196513
HUTCHINSON JUNIOR LEAGUE BB
REIMB OF BASEBALL REGISTRATION FEES 52,373.00
06/13/2017
196514
HUTCHINSON LEADER
MAY ADVERTISING / PUBLICATIONS 2,817.80
06/13/2017
196515
HUTCHINSON SENIOR ADVISORY BOARD
TOUR REIMBURSEMENT-3/27/17-GORECKI DINI 1,219.05
06/13/2017
196516
HUTCHINSON UNITED SOCCER ASSN.
REIMB OF FEES COLLECTED LESS FIELD USAGE 5,520.00
06/13/2017
196517
HUTCHINSON UTILITIES
1ST QTR BILLING FOR GIS SERVICES - B. FITZPATRICK 6,065.13
06/13/2017
1196518
HUTCHINSON WHOLESALE
VARIOUS AUTO MAINTENANCE SUPPLIES 728.33
06/13/2017
196519
HUTCHINSON, CITY OF
WATER & SEWER SERVICE 4/1/17-4/30/17 894.57
06/13/2017
196520
HUTCHINSON, CITY OF
CITY HOME IMPROVEMENT LOAN -TIF- B.SCHWAR 500.00
06/13/2017
196521
IDEAL SERVICE INC
PREVENTATIVE MAINTON WATERVFD'S 682.50
06/13/2017
196522
INNOTEK CORPORATION
SPARE SPINNER MOTOR 209.82
06/13/2017
196523
INNOVATIVE FOAM
EXTERIOR SIGN FOR CITY AQUATIC CENTER 4,288.57
06/13/2017
196524
INTERSTATE BATTERY SYSTEM MINNEAPOL
BATTERIES BSL0905, DRY0070 492.65
06/13/2017
196525
INTOXIMETERS INC
MOUTHPIECE ASIV OR ECIR- POLICE 95.00
06/13/2017
196526
IOWA DEPT OF AGRICULTURE
LICENSE RENEWAL 2017 - CREEKSIDE 10.00
06/13/2017
196527
J & J DUST CONTROL
DUST CONTROL OF LES KOUBA PKWY/ ALLEYS 3,300.00
06/13/2017
196528
J & R AUTO & RADIATOR
20 TENN SWEEPER MODLE 533 -RADIATOR CORE 766.42
06/13/2017
196529
JACK'S UNIFORMS & EQUIPMENT
SAFARILAND HOLSTER BELT CLIPS, LEG SHROUD 164.49
06/13/2017
196530
JACOBSEN, SEPTEMBER
ADAPTIVE REC BOWLING MEDALS 136.02
06/13/2017
1196531
IJESERITZ, PAUL
IALEXANDRIA FIRE SCHOOL 180.37
CHECK REGISTER A -FOR CITY OF HUTCHINSON
CHECK DATE FROM 05/23/2017 - 06/13/2017
Check Date
------------------
06/13/2017
Check
-------------------
196532
Vendor Name
---------------------------------------------------------
JJ TAYLOR DIST OF MN
Description Amount
------------------------------------------------------------------------ -------------------
MAY COST OF GOODS - LIQUOR 10,835.70
06/13/2017
196533
JOES SPORT SHOP
T SHIRTS -VARIED COLORS & SIZES PRINTED FRONT/BACK 1,812.50
06/13/2017
196534
JOHNSON BROTHERS LIQUOR CO.
MAY COST OF GOODS - LIQUOR 30,418.07
06/13/2017
196535
JORDAHL, JIM
5/16/17 ADAPTED REC DANCE 200.00
06/13/2017
196536
JOURNAL COMMUNICATIONS
COLOR FULL PAGE PREMIUM - EDA ADVERTISING 5,995.00
06/13/2017
196537
JUUL CONTRACTING CO
VARIOUS CONTRACTED REPAIRS 45,349.70
06/13/2017
196538
KAHNKE BROTHERS NURSERY
TREE & SHRUB PURCHASES 1,863.50
06/13/2017
196539
KDUZ KARP RADIO
MAY ADVERTISING - POLICE & LIQUOR 1,113.50
06/13/2017
196540
KERI'SCLEANING
MAY CLEANING 3,444.00
06/13/2017
196541
KRANZ LAWN & POWER
MOWER REPAIR SUPPLIES 428.96
06/13/2017
196542
L & P SUPPLY CO
1"X16.4' SUCTION H, STRAINER -AIRPORT 120.56
06/13/2017
196543
LAW OFFICE OF JOE PEZZUTO
WAGE GARNISHMENT 5.46
06/13/2017
196544
LEAGUE OF MN CITIES -INS TRUST
ADD'L LIAB INS FOR ACE HARDWARE SALES - CREEKSIDE 690.00
06/13/2017
196545
LEWIS, DALE
2017 SCULPTURE WALK -REGENERATION 1,000.00
06/13/2017
196546
LIEN, MIKE
LEAGUE OF MN CITIES WORKSHOP, MN SAFETY 94.31
06/13/2017
196547
LITIN PAPER COMPANY
LATCH, GATE TOP PLATE, R&D BOTTOM 892.32
06/13/2017
196548
LOCHER BROTHERS INC
MAY COST OF GOODS - LIQUOR 36,230.80
06/13/2017
196549
LOE'S OIL COMPANY
55 GAL DRUM UNCRUSHED OIL FILTERS, ABSOR 507.50
06/13/2017
196550
LOGIS
MONTHLY NETWORK & APPLICATION COSTS 8,937.50
06/13/2017
196551
LYNDE & MCLEOD INC.
COMPOST SALES 1,074.97
06/13/2017
196552
M -R SIGN
28" CONE W/2 CONE COLLARS & RETIREMENT SIGNS 2,006.10
06/13/2017
196553
MARSHALL CONCRETE PRODUCTS
ELKS PLAYGROUND- RECYCLED BASE 424.00
06/13/2017
196554
MCKAY, JEFF
FIRE SCHOOL -COON RAPIDS 149.61
06/13/2017
196555
MCKIMM MILK TRANSIT
FREIGHT ALL KINDS: CREEKSIDE- BFG SUPPL 235.00
06/13/2017
196556
MCLEOD COOP POWER ASSN
ELECTRIC CONNECTION 429 GRANT AVE SE- PB 800.00
06/13/2017
196557
MCLEOD COUNTY COURT ADMINISTRATOR
BAIL -M. CAMPBELL 400.00
06/13/2017
196558
MCLEOD COUNTY COURT ADMINISTRATOR
BAIL -M. CAMPBELL 300.00
06/13/2017
196559
MCLEOD COUNTY COURT ADMINISTRATOR
BAIL - A.FOSTERVOLD 150.00
06/13/2017
196560
MCMA
M. JAUNICH- MCMA MEMBERSHIP 5/2017-4/201 137.57
06/13/2017
196561
MED COMPASS
SCBA USER- MEDICAL EXAM- 32 FIREFIGHTERS 2,100.00
06/13/2017
196562
MEEKER WASHED SAND & GRAVEL
4.03 - SAND 694.48
06/13/2017
196563
MEI TOTAL ELEVATOR SOLUTIONS
SAND ORDERS 366.66
06/13/2017
196564
MENARDS HUTCHINSON
VARIOUS REPAIR & MAINTENANCE SUPPLIES 3,833.88
06/13/2017
196565
MESSAGE MEDIA
MONTHLY ACCESS FEE -JUNE 30.00
06/13/2017
196566
MIDWEST PLAYSCAPES INC.
PLAYGROUND SYSTEMS PLAYSTRUCTURE - ROTARY PARK 3,450.00
06/13/2017
196567
MINNEAPOLIS, CITY OF
APS TRANSACTION FEES FOR APRIL 62.10
06/13/2017
196568
MINNESOTA CHIEFS OF POLICE
A. NORTROM -OFFICER LEADERSHIP DEVELOPME 220.00
06/13/2017
196569
MINNESOTA DEPT OF HEALTH
WATER STATE TESTING FEE 7,597.00
06/13/2017
196570
MINNESOTA DEPT OF HEALTH
WATER LICENSE RENEWAL- CLASS B #2875- RI 23.00
06/13/2017
196571
MINNESOTA DEPT OF HEALTH
NEW ESTABLISHMENT -2017 EVENT FOOD STAND 85.00
06/13/2017
196572
MINNESOTA DEPT OF HEALTH
#6007- ROBERTS PARK CONCESSIONS 305.00
06/13/2017
196573
MINNESOTA DEPT OF MOTOR VEHICLE
TITLE & REG 2017 FORD F150 PARKS DEPT 1,341.95
06/13/2017
196574
MINNESOTA DEPT OF MOTOR VEHICLE
TITLE & REG 2017 FORD F150 PARKS DEPT 1,341.95
06/13/2017
196575
MINNESOTA RURAL WATER ASSN
MEMBERSHIP REG 7/18/17-C. FRANEK, J. BR 250.00
06/13/2017
196576
MINNESOTA VALLEY TESTING LAB
BOD, PHOSPHORUS 1,402.80
06/13/2017
196577
MYLLYKANGAS, TINA
HJLB MAJORS BASEBALL REFUND 116.00
06/13/2017
196578
NEOPOST USA INC
ANNUAL MAINT FEE ON ENVELOPE STUFFIER AT C.C. 757.12
06/13/2017
196579
NICHOLAS LEGEROS INC.
2017 SCULPTURE STROLL -DREAMS TAKE FLIGHT 1,000.00
06/13/2017
196580
NICKLASSON ATHLETIC COMPANY
BRINE SIZE 4 235.40
06/13/2017
196581
NORTHERN BUSINESS PRODUCTS
VARIOUS OFFICE SUPPLIES 184.02
06/13/2017
196582
NORTHERN SAFETY TECHNOLOGY
LINZV-SERIES LIGHT 272.60
06/13/2017
196583
NORTHERN STATES SUPPLY INC
M18 FUEL SAWZALL KIT 199.99
06/13/2017
196584
NORTHLAND CHEMICAL CORP
FORMULA 1 WASH & WAX 179.64
06/13/2017
196585
NSF+MSF TEAM MEMBERSHIP
MENS SLOW PITCH MEMBERSHIP FEE 200.00
06/13/2017
196586
NU -TELECOM
JUNE PHONE SERVICE 4,222.69
06/13/2017
196587
O'REILLYAUTO PARTS
VARIOUS AUTO MAINTENANCE SUPPLIES 13.87
06/13/2017
196588
OFFICE DEPOT
VARIOUS OFFICE SUPPLIES 131.27
06/13/2017
196589
OFFICE OF MN IT SERVICES
APRIL SERVICES - DMV OFFICE 110.19
06/13/2017
196591
PAULSON, JOHN
ENVIRONMENTAL INITIATIVE AWARDS TRAVEL 74.90
06/13/2017
196592
PAUSTIS WINE COMPANY
MAY COST OF GOODS - LIQUOR 2,576.27
06/13/2017
196593
PEAT INC.
SPHAGNUM COARSE & FINE - CREEKSIDE INVENTORY 4,203.00
06/13/2017
196594
PELLINEN LAND SURVEYING
BLOCK MEASURMENTS- 60 SOUTH HALF- MORTEN 825.00
06/13/2017
196595
PEOPLEREADY INC
TEMPORARY STAFFING -COMPOST & REFUSE 5,384.46
06/13/2017
196596
PERFECTION PACKAGING INC
SUNFLOWER SEEDS, PEANUTS 373.80
06/13/2017
196597
PETERSON, CAROL
HJLB BASEBALL REFUND OF FEES 260.00
06/13/2017
196598
1 PETERSON, TIM
FIREFIGHTER TRAVEL FOR TRAINING 279.71
CHECK REGISTER A-FOR CITY OF HUTCHINSON
CHECK DATE FROM 05/23/2017 - 06/13/2017
Check Date
------------------
06/13/2017
Check
-------------------
196599
Vendor Name
---------------------------------------------------------
PHILLIPS WINE & SPIRITS
Description Amount
------------------------------------------------------------------------ -------------------
MAY COST OF GOODS - LIQUOR 48,402.52
06/13/2017
196600
PIONEER MANUFACTURING CO
LACROSSE FIELD PAINT-BRITE STRIPE ORANGE 440.00
06/13/2017
196601
PIONEERLAND LIBRARY SYSTEM
2ND QTR REQUEST-2017 LIBRARY FUNDING 41,660.50
06/13/2017
196602
PMC
MONTHLY REBATE PROCESS-CREEKSIDE SALES 2,285.24
06/13/2017
196603
POSGUYS.COM
CASH DRAWERS & RECEIPT PRINTERS - WATERPARK 4,422.00
06/13/2017
196604
POST BOARD
POST LICENSE RENEWALS - 6 OFFICERS 540.00
06/13/2017
196605
PRO AUTO MN INC.
2013 DODGE DURANGO- CHECK BRAKE METAL 69.61
06/13/2017
196606
QUADE ELECTRIC
F017 741 LAMP 57.25
06/13/2017
196607
QUALITY FLOW SYSTEMS
REPLACEMENT MBR PERMEATE PUMP 19,960.00
06/13/2017
196608
QUALITY SALES & SERVICE INC
REPLACED FLOAT VALVE ON WASHER 190.00
06/13/2017
196609
QUILL CORP
VARIOUS SUPPLIES FOR THE WATERPARK OFFICE 777.01
06/13/2017
196610
R & R EXCAVATING
1_21317-02 #1 90,154.58
06/13/2017
196611
R & R EXCAVATING
1_11317-01 #3 12,052.51
06/13/2017
196612
RDO EQUIPMENTCO.
RENEW JDLINK-LOADER CREEKSIDE 500.00
06/13/2017
196613
RECREONICS
DRAIN EASY FANNY PACK WITH TOP STRAPS 718.14
06/13/2017
196614
REINER ENTERPRISES INC
LOADS 5/15-5/18 - CREEKSIDE PRODUCT DELIVERY 3,503.98
06/13/2017
196615
RJO CORPORATE
SCREEN PRINTED T SHIRTS 1,918.08
06/13/2017
196616
ROEPKE, NORINE
UB refund for account: 2-700-5550-6-01 34.04
06/13/2017
196617
ROYAL TIRE
CR C560478 29/12.5 15/E MULTI TRAC 445.50
06/13/2017
196618
RUNNING'S SUPPLY
VARIOUS REPAIR & MAINTENANCE SUPPLIES 766.90
06/13/2017
196619
SARGENT, DAN
MOORHEAD FIRE SCHOOL 71.72
06/13/2017
196620
SCARCELY LTD
CITY HOME IMPROVEMENT-TIF- B. SCHWARZROC 250.00
06/13/2017
196621
SCHIMMEL CONSTRUCTION LLC
CITY HOME IMPROV LOAN-TIF- B. SCHWARZROC 300.00
06/13/2017
196622
SCHINTZ, ALEC
SAFETY FOOTWEAR REIMBURSEMENT 154.99
06/13/2017
196623
SCHOOL DIST # 423
APRIL ACTIVITIES 10,507.00
06/13/2017
196624
SCHULTE, JOSH
FIRE SCHOOL 62.40
06/13/2017
196625
SCOTT COUNTY SHERIFF'S OFFICE
STATE VS N. O'DELL- COURT FILE#43CR16190 70.00
06/13/2017
196626
SEBORA, MARC
COURT, CERTIFIED COPY OF EXSTED DETACHME 121.67
06/13/2017
196627
SEH
HUTCH HOTEL/TH7 FRONTAGE ROAD 2,230.50
06/13/2017
196628
SHAKOPEE, CITY OF
SOUTHWEST METRO DRUG TASK FORCE 2017 MEM 4,200.00
06/13/2017
196629
SIERRALTA, ALONSO
2017 SCULPTURE STROLL- STIPEND 1,000.00
06/13/2017
196630
SIMONSON LUMBER CO
MINI SHELTERS-ANGLE TRIM, SCREW FASTENE 95.40
06/13/2017
196631
SKYVIEW DAIRY INC
JUNE 2017 COMPOST IN YARDS 4,716.72
06/13/2017
196632
SMALL LOT MN
MAY COST OF GOODS - LIQUOR 641.76
06/13/2017
196633
SORENSEN'S SALES & RENTALS
ELKS PARK TILE-TORO TRENCHER RENTAL 125.00
06/13/2017
196634
SOUTHERN WINE & SPIRITS OF MN
MAY COST OF GOODS - LIQUOR 17,498.37
06/13/2017
196635
SPICZKA, SAM
2017 SCULPTURE STROLL- SEED 1,000.00
06/13/2017
196636
SPRING LAKE ENGINEERING
LIFT STATION CONTROLS- PROGRAMMING 7,297.79
06/13/2017
196637
SPS COMMERCE INC
LASER LABEL STOCK 242.68
06/13/2017
196638
STANDARD PRINTING
THERMAL ROLLS FOR CREDIT CARDS 23.40
06/13/2017
196639
STAPLES ADVANTAGE
VARIOUS OFFICE SUPPLIES 939.48
06/13/2017
196640
STAR TRIBUNE
6/2017-6/2018 SUBSCRIPTION 169.00
06/13/2017
196641
STARKE, HANNAH
SAFETY FOOTWEAR/SEASONAL & TEMP- 3 YEARS 94.99
06/13/2017
196642
STONY CREEK LANDSCAPES
2017 SCULPTURE STROLL- PUFF 1,000.00
06/13/2017
196643
STRATEGIC EQUIPMENTAND SUPPLY
CUPS, LIDS - LIQUOR STORE 243.02
06/13/2017
196644
STRATEGOS INTERNATIONAL LLC
PREVAIL PREMIUM DVD/USB TRAINING MODULE 3,495.00
06/13/2017
196645
STREICH TRUCKING
LOADS- LYNDE TO CREEKSIDE- 5/16-6/1/17 1,781.25
06/13/2017
196646
STREICHERS
DISTRACTION DEVICE - POLICE 1,075.07
06/13/2017
196647
STURGES, JASON
STATE FIRE SCHOOL ROCHESTER 191.58
06/13/2017
196648
TASC
7/1/17-9/30/17 HSA Adm. Fees 1,301.80
06/13/2017
196649
TEK MECHANICAL
MCLEOD VETS PARK-CONCEALED FLUSHOMETER, 688.57
06/13/2017
196650
TESSMAN COMPANY
CLAY RED 50# - PARKS DEPT 272.20
06/13/2017
196651
THOMSON REUTERS-WEST
DISCOUNT PLAN CHARGES - LEGAL 436.34
06/13/2017
196652
TITAN MACHINERY
PERFORM 5000 HOUR SERVICE -CREEKSIDE LOADER 3,372.28
06/13/2017
196653
TOWMASTER INC.
FALLS SPINNER 243.63
06/13/2017
196654
TRI COUNTY WATER
RENTAL WATER COOLER 24.00
06/13/2017
196655
TWO WAY COMMUNICATIONS INC
LAIRD UHF FLEX ANTENNA 83.35
06/13/2017
196656
ULINE
HANDS FREE RECEPTACLE, 35 GAL RECYCLING - WATERPK 3,282.20
06/13/2017
196657
UNITED PACKAGING & DESIGN
74" X1500X.0015 UVI BLACK PE -CREEKSIDE BAGFILM 11,442.00
06/13/2017
196658
UNIVERSAL ATHLETIC SERVICE INC
VFW BASKETBALL BACKBOARDS-FAN FIBERGLASS 930.00
06/13/2017
196659
URBAN SPRITE MEDIA
:15 RADIO SPOTS INSIDE GARDEN BITE - CREEKSIDE 1,500.00
06/13/2017
196660
US BANK EQUIPMENT FINANCE
COPIER CONTRACT ALLOWANCE 5/20-6/20/17 409.88
06/13/2017
196661
USA BLUE BOOK
BACK PRESSURE VALVE 187.83
06/13/2017
196662
VERIZON WIRELESS
APR03'17-MAY02'17 USAGE 3,362.33
06/13/2017
196663
VESSCO INC
HOSE CLAMP, HOSELUBE, SHIM BREDEL 243.41
06/13/2017
196664
VIKING BEER
MAY COST OF GOODS - LIQUOR 27,163.25
CHECK REGISTER A -FOR CITY OF HUTCHINSON
CHECK DATE FROM
05/23/2017 - 06/13/2017
Check Date
------------------
06/13/2017
Check
-------------------
196665
Vendor Name
---------------------------------------------------------
VIKING COCA COLA
Description
----------------- -------------------------------------------------------
WATER, SODAS, BEVERAGES - RECREATION / LIQUOR
Amount
-------------------
1,819.90
06/13/2017
196666
VIKING SIGN & GRAPHICS INC
ALUM SIGNS- HOURS, NO PARKING, EDINA REA
1,055.00
06/13/2017
196667
VILT, FLETCHER
SAFETY FOOTWEAR/SEASONAL & TEMP- 3 YEARS
159.99
06/13/2017
196668
VINOCOPIA INC
MAY COST OF GOODS - LIQUOR
1,217.21
06/13/2017
196669
VIVID IMAGE
ANNUAL FEES & WEBSITE PROGRAMMING VOUCHERS
6,240.00
06/13/2017
196670
WAL-MART COMMUNITY
WATER, ZIP WAX CAR WAX, RELION PLSE OXIM
112.84
06/13/2017
196671
WANGEN, ERIC
EASEMENT ACCESS- PROSPECT ST, HWY7/HWY15
2,001.00
06/13/2017
196672
WASTE MANAGEMENTOF WI -MN
5/1-5/15/17 DISPOSAL FEES
6,198.75
06/13/2017
196673
WCCO-AM
ADVERTISING 3/27-4/29/17 -CREEKSIDE
3,520.00
06/13/2017
196674
WELCOME NEIGHBOR
HUTCHINSON NEW RESIDENT VISITS -MAY
120.00
06/13/2017
196675
WILKENS INDUSTRIES
DRIVE SHOE SHORT, FLOOR BEARINGS, BOLT K
479.35
06/13/2017
196676
WILSONS NURSERY INC
ENERGYTREES
1,208.00
06/13/2017
196677
WINE MERCHANTS INC
MAY COST OF GOODS - LIQUOR
1,271.00
06/13/2017
196678
WM MUELLER & SONS
SIZE A BLACKTOP
598.50
06/13/2017
196679
WMMUELLER&SONS - SEPARATE CK
1_11316-01#8
2,938.93
06/13/2017
196680
WOLD ARCHITECTS & ENGINEERS
CURRENT BILLING THROUGH 80% OF PLANNING
1,010.90
06/13/2017
196681
ZELLER STUDIO
2017 SCULPTURE STROLL- PEOPLES CHOICE AWARD
500.00
GRAND TOTAL
1,683,565.90
CHECK REGISTER B -FOR CITY OF HUTCHINSON
CHECK DATE FROM 05/23/2017 - 06/13/2017
Check Date Check
-------------------------------------
06/13/2017 196467
Vendor Name
---------------------------------------------------------
CROW RIVER GLASS
Description
------------------------------------------------------------------------
BACKLIGHT FOR 2009 FORD F350
Amount
-------------------
541.80
06/13/2017 196590
OUTDOOR MOTION
PLANET BIKE SUPERFLASH MICRO
89.97
GRAND TOTAL
631.77
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Public Hearing & First Reading for City Stormwater Ordinance Revisions
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: John Paulson
Agenda Item Type:
Presenter: John Paulson
Reviewed by Staff
Public Hearing
Time Requested (Minutes): 5
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The City of Hutchinson is permitted to discharge in accordance with requirements of the Minnesota Pollution Control
Agency's Municipal Separate Storm Sewer System (MS4) permit. The requirements of this permit include specific
ordinance language that must meet or exceed the MS4 requirements. Revisions are needed to City Code, Chapter
54; Stormwater Management, to continue to meet the requirements of the MS4 permit. The changes will be related to
post -construction storm water treatment requirements that requires TSS and Phosphorus treatment for construction
related to redevelopment.
The proposed changes to the ordinance are attached for your reference. Staff will provide a brief summary of the
changes and will be available to answer any questions. Staff will review and consider all comments received and
revise the ordinance as necessary.
BOARD ACTION REQUESTED:
City staff recommends approval of the Ordinance's first reading.
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
ORDINANCE NO. 17-773
AN ORDINANCE AMENDING CHAPTER 54 (STORM WATER MANAGEMENT) OF THE CITY OF
HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 54.03, 54.23 & 54.55;
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of hearing was duly given and publication of said hearing was duly made and was made to
appear to the satisfaction of the City Council that it would be in the best interests of the City to amend
the Storm Water Management Ordinance to add language in Sections 54.03, 54.23 & 54.55 of the City
Code as follows:
CHAPTER 54
STORM WATER MANAGEMENT
§ 54.03 SCOPE
A. Prohibited discharges. It shall be considered an offense for any person to cause or allow a
prohibited discharge into waters of the state, including the city storm water system, or any
natural water.
B. Land disturbing activity requiring a storm water management plan.
1. Any person, firm, sole proprietorship, partnership, corporation, state agency or
political subdivision proposing subdivision or plat approval, a building permit or any land
disturbance activity greater than one acre within the city must submit a state issued
NPDES permit for construction activity and storm water pollution prevention plan to the
City Engineer unless a waiver is provided in accordance with this section. No
subdivision approval, plat approval or building permit shall be issued until a state
NPDES permit for construction activity and storm water pollution prevention plan or a
waiver of the approval requirements has been approved by the City Engineer in strict
conformance with the provisions of this chapter. No land shall be disturbed until the
permit is approved by the City Engineer and conforms to the standards set forth herein.
2. A storm water management plan may also be required in some situations as
determined by the City Engineer (i.e., development within an existing subdivision with
documented flooding problems associated with storm water runoff).
3. Exemptions to the storm water management plan requirements of this section
include the following: any part of a subdivision that is included in a plat that has been
approved by the City Council and recorded with the Register of Deeds on or before the
effective date of this chapter. A storm water permit for land disturbing activities on such
properties may still be required, as determined by the City Engineer, and such activities
are still subject to other compliance requirements in accordance with this chapter:
a. A storm water management plan is generally not required for individual
lots or properties located within a subdivision or plat for which a storm
water management plan has already been approved. This exemption is
subject to the City Engineer's consideration and approval;
b. A parcel for which a building permit has been approved on and/or before
the effective date of this chapter and an NPDES permit for construction
activity was not required;
c. Any land disturbance activity not associated with building construction
that will affect less than one acre of undeveloped land; and
Page 1
d. Emergency work to protect life, limb or property.
C. Land disturbing activity involving the construction of a single-family or two-family dwelling.
Construction of single-family or two-family dwellings must comply with in place approved BMPs
and any existing permitted SWPPP for the subdivision, including NPDES permit for
construction activity requirements and subdivision agreement. Compliance with the single-
family residential construction erosion/sediment control standards is required.
D. Installation and repair of utility service lines.
1. At project sites that require permit coverage where a utility contractor is not the site
owner or operator, each utility contractor must comply with the provisions of the storm
water pollution prevention plan (SWPPP) for the project their construction activities will
impact. Each utility contractor must ensure that their activities do not render ineffective,
the erosion prevention and sediment control best management practices (BMPs) for the
site. Should a utility contractor damage or render ineffective any BMPs for the site, the
owner must ensure such BMPs are repaired or replaced within seven days of
completion of utility installation on the site.
2. At project sites where a utility contractor is the site owner or operator, and the utility
company disturbs one or more acres of soil for the purpose of installation of utility
service lines, including, but not limited to, residential electric, gas, telephone and cable
lines, the utility company must apply for permit coverage from the state prior to
commencement of construction.
3. Utility contractors working in a street right-of-way to repair existing or install new
utilities and disturbing less than one acre are required to provide appropriate inlet
protection and sediment control during the course of the work so as to ensure the storm
sewer system is protected from pollution. The utility contractor is also required to
provide street sweeping as necessary to insure that sediments resulting from their
activity do not enter the storm water system following construction. The street shall be
swept within one working day of completion of utility installation on the site. All disturbed
vegetation shall be replaced with seed or sod within seven days of completion of utility
installation on the site. The city will provide guidance regarding acceptable temporary
protection BMPs for inlets and methods to stabilize the exposed soil areas until they
meet the definition of final stabilization.
E. Waivers. The City Engineer may waive any requirement of this chapter upon making a finding
that compliance with the requirement will involve an unnecessary hardship, and the waiver of
such requirement is not contrary to the objectives in this section. The City Engineer may
require as a condition of the waiver, such dedication or construction, or agreement to dedicate
or construct, as may be necessary to adequately meet the said standards and requirements.
§ 54.23 STORM WATER MANAGEMENT CRITERIA FOR PERMANENT FACILITIES
Storm water control facilities included as part of the final design for a Permanent Development;
shall be addressed in the Storm Water Management Plan and shall meet the requirements of the State
NPDES general permit to Discharge Stormwater Associated with Construction Activity and the
following criteria:
A. Pre Versus Post Hydrological Response of Site. An applicant shall install or construct, on or for
the proposed land disturbing activity or development activity, all storm water management
facilities necessary to manage runoff such that increases in flow under the design conditions
will not occur that could exceed the capacity of the Outlet, or the Storm Water Management
Page 2
System, into which the site discharges or that would cause the Storm Water Management
System to be overloaded or accelerate channel erosion as a result of the proposed land
disturbing activity or development activity. Under no circumstances shall the 2, 10, or 100 -year
developed peak flow exceed the 2, 10, or 100 -year existing peak flow without prior written
approval by the City Engineer. For Regional Detention or Storm Water Management System,
the City Engineer shall recommend a proposed System Charge or Assessment to be approved
by the City Council based upon an approved Watershed Master Plan and an analysis of
required drainage systems, projected costs and flood protection benefits provided to those
properties directly or indirectly impacted by the Regional Detention or Storm Water
Management System.
B. Natural Features of the Site. The applicant shall give consideration to reducing the need for
Storm Water Management System facilities by incorporating the use of natural topography and
land cover such as wetlands, ponds, natural swales and depressions as they exist before
development to the degree that they can accommodate the additional water flow without
compromising the integrity or quality of these natural features.
C. Storm Water Management Strategies. The following Storm Water Management practices shall
be investigated when developing a Storm Water Management Plan in accordance with this
chapter and with chapter 53.129 of the City of Hutchinson City Code of Ordinances:
1. Natural infiltration of precipitation and runoff on-site, if suitable soil profiles can be
created during site grading. The purpose of this strategy is to encourage the
development of a Storm Water Management Plan that encourages natural infiltration.
This includes, providing as much natural or vegetated area on the site as possible,
minimizing impervious surfaces, and directing runoff to vegetated areas rather than onto
adjoining streets, storm sewers and ditches;
2. Flow attenuation by use of open vegetated swales and natural depressions;
3. Storm Water Detention facilities; and
4. Storm Water Retention facilities (on a case by case basis).
5. Other facilities requested by the City Engineer.
A combination of successive practices may be used to achieve the applicable minimum control
requirements specified. Justification shall be provided by the applicant for the method selected.
For sites of a redevelopment construction activity where, prior to the start of construction, the
areas to be disturbed have 15 percent or more of impervious surface, then the practices must
be designed to meet the following conditions;
6. A net reduction from pre -project conditions (on an annual average basis) of:
a. Stormwater discharge volume, unless precluded by the stormwater
management limitations in 54.23 F. of the City of Hutchinson City Code of
Ordinances
a. Stormwater discharges of TSS
b. Stormwater discharges of TP
D. Adequacy of Outlets. The adequacy of any Outlet used as a discharge point for proposed
Storm Water Management System must be assessed and documented to the satisfaction of the
Page 3
City Engineer. To the extent practicable, hydraulic capacities of downstream natural channels,
storm sewer systems, or streets shall be evaluated to determine if they have sufficient
conveyance capacity to receive and accommodate post -development runoff discharges and
volumes without causing increased property damages or any increase in the established base
flood elevation. If a flood plain or floodway has not been established by the Federal Emergency
Management Agency, the applicant shall provide a documented analysis and estimate of the
base flood elevation as certified by a Professional Engineer registered in the State of
Minnesota. In addition, projected velocities in downstream natural or manmade channels shall
not exceed that which is reasonably anticipated to cause erosion unless protective measures
acceptable to the City Engineer are approved and installed as part of the Storm Water
Management Plan. The assessment of Outlet adequacy shall be included in the Storm Water
Management Plan.
E. Storm Water Detention/Retention Facilities. Storm Water Detention or Retention facilities
proposed to be constructed in the Storm Water Management Plan shall be designed according
to the most current practices as reflected in the Nationwide Urban Runoff Program study.
F. Infiltration. Infiltration facilities are prohibited, unless approved by the City Engineer, when
receiving discharges from, or are to be constructed in areas:
1. Where industrial facilities are not authorized to infiltrate industrial stormwater under
an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution
Control Agency;
2. Where vehicle fueling and maintenance occur;
3. With less than three (3) feet of separation distance from the bottom of the infiltration
system to the elevation of the seasonally saturated soils or the top of bedrock;
4. Where high levels of contaminants in soil or groundwater will be mobilized by the
infiltrating stormwater;
5. With predominately Hydrologic Soil Group D (clay) soils;
6. Within a Drinking Water Supply Management Area (DWSMA) as defined in
Minnesota Rules 4720.5100, subpart 13.
G. Mitigation Provisions. There may be circumstances where the owner of a construction activity
cannot cost effectively meet the conditions of the State NPDES general permit to Discharge
Stormwater Associated with Construction Activity on the site of the original construction activity.
For this purpose the owner of a construction activity may identify, locations where mitigation
projects can be completed. Mitigation must be accomplished using the following:
1. Mitigation project areas are selected in the following order of preference:
a. Locations that yield benefits to the same receiving water that receives runoff
from the original construction activity
b. Locations within the same Department of Natural Resource (DNR)
catchment area as the original construction activity
c. Locations in the next adjacent DNR catchment area up -stream
d. Locations anywhere within City jurisdiction
Page 4
2. Mitigation projects must involve the creation of new structural storm water BMPs or
the retrofit of existing structural storm water BMP's, or the use of a properly
designed regional structural storm water BMP.
3. Routine maintenance of existing structural storm water BMP's cannot be used to
meet mitigation requirements.
4. Mitigation projects shall be completed within 24 months after the start of the original
construction activity.
§ 54.55 NPDES PERMIT
It is unlawful to initiate any land development activity, land disturbing activity or other activities which
may result in an increase in storm water quantities, degradation of storm water quality or restriction of
flow in any storm sewer system, open ditch or natural channel, storm water easement, water body or
wetland outlet within the jurisdiction of the city, without having first complied with the terms of this
chapter. Other activities include those outlined in § 54.03 of this chapter.
A. Permit. All persons subject to meeting the requirements and needing to obtain a NPDES permit
for construction activity shall apply for coverage and file a copy with the City Engineer. The
permit will be accompanied by a storm water management plan as prescribed under the storm
water management plan application and review provisions set forth in § 54.20 through
§http://library.amlegal.com/nxt/_atg eway.dll?f jumplink$jumplink_x=Advanced$jumplink_vpc
=first$jumplink xsl=querylink.xsl$jumplink_sel=title;path;content-type home-title;item-
bookmark$jumplink_d=minnesota(hutchinson_mn)$jumplink_g=%5bfield%20folio-
destination-name:'54.023'%5d$jumplink_md=target-id=JD_54.023 54.23 of this chapter, if such
a plan has not been previously approved. Permit applications may be denied if the applicant is
not in compliance with the NPDES permit for construction activity currently in effect.
Commencing earthwork on a project prior to plan or permit approval is considered a violation of
this chapter.
B. Permit delays. The City Engineer may withhold granting approval of a permit until all issues
associated with the site are resolved to the satisfaction of the City Engineer. Permits may be
conditioned with delays such that work cannot begin until a specified date or until after the site
is inspected.
C. Permit amendments. NPDES permit for construction activity may be amended (by applicant)
only by a written request submitted by the permittee to the state. This request shall contain the
reason for the change and documentation related to any additional impacts, which may result
from amendment approval. A copy of the request will be submitted to the City Engineer within
seven days of the submittal to the state. The state approved amended permit will also be
submitted to the City Engineer within seven days of receipt.
D. Permit transfer. A NPDES permit for construction activity runs with the property it covers, until
the permitted activities are completed, and is transferable to new landowners in its entirety or
by parcel, with each parcel being subject to the permit and any conditions, which apply to that
parcel. Land transfers must be reported to the City Engineer prior to issuing of permits.
E. Inspection.
1. The City Engineer may inspect the storm water management system of any
permittee to determine compliance with the requirements of this chapter. The
applicant shall promptly allow the City and its authorized representatives, upon
presentation of credentials to:
Page 5
a. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations, inspections or
surveys;
b. Bring such equipment upon the permitted site as is necessary to conduct
such inspections, surveys and investigations;
c. Examine and copy any books, papers, records, or memoranda pertaining
to activities or records required to be kept under the terms and conditions
of this permitted site;
d. Inspect the storm water pollution control measures; and
e. Sample and monitor any items or activities pertaining to storm water
pollution control measures.
2. Any applicant or permittee shall provide safe and easy access for inspections.
F. Inspections of the storm water pollution prevention plan's measures. At a minimum, such
inspections shall be done weekly by the permittee (general contractor, developer or the
developer's designated representative), and within 24 hours after every storm or snow melt
event large enough to result in runoff from the site (one-half inch or more in 24 hours). At a
minimum, these inspections shall be done during active construction (the MPCA and city have
inspection forms available upon request).
EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect upon adoption and publication
in accordance with the Hutchinson City Charter.
Adopted by the City Council this 27th day of June, 2017.
ATTEST:
Matt Jaunich, City Administrator Gary Forcier, Mayor
First Consideration:
Second Consideration:
Date of Publication:
Page 6
TITLE AND SUMMARY OF ORDINANCE NO. 17-773
The following Ordinance is hereby published by title and summary:
Title of Ordinance: Stormwater Management Ordinance
An Ordinance to Create and Enact Title 5, Chapter 54, Sections 54.03, 54.23 & 54.55 of the
City of Hutchinson Code of Ordinances,
2. Summary of Ordinance:
This ordinance creates and enacts Title 5, Chapter 54, Sections 54.03, 54.23 & 54.55 of the
Hutchinson City Code, which sections sets forth storm water management criteria for
permanent facilities in the chapter and clarifies references to NPDES permits for construction
activity.
This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who
are, by contract or agreement with the City, users of the City storm water management system.
Except as otherwise provided herein, the City Engineer shall administer, implement, and
enforce the provisions of this Chapter.
This Ordinance shall take effect upon publication in accordance with the Hutchinson City
Charter.
3. Availability of Ordinance:
A complete, printed copy of this Ordinance is available for inspection by any person during
regular business hours in the office of the City Clerk,
This Ordinance was passed by the City Council of the City of Hutchinson on the 27th day of June,
2017.
ATTEST:
Matt Jaunich, City Administrator Gary Forcier, Mayor
Date of Publication: July 5, 2017
Page 7
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Public Hearing for City Parking Lot I Improvements Project (1-12/P17-12)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff
Public Hearing
Time Requested (Minutes): 10
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff is currently working with the adjacent developer's (MidCountry Bank) design consultants and will be
hopefully finalizing the project design and delivery approach/schedule in the near future. At this point, City staff will
present the identified improvements to City Parking Lot I and the adjacent alley that are necessary to accommodate
the developer's proposed bank drive-thru facility.
Looking forward, City staff is uncertain if actually administering the formal public bid process will be necessary due to
the relatively low project construction cost and associated project delivery options (quote solicitations, existing project
change order, etc.). However, administering the Public Hearing process allows the City to have multiple alternatives
from funding and bidding standpoints. Please note that this project is included within the 2017 Infrastructure
Improvement Program and will be reviewed by the City's Resource Allocation Committee as the project
delivery/funding process proceeds in the near future.
Following a brief project overview by City staff and potential public comments, staff will request that the City Council
move forward with the final preparation of project plans/specifications and future solicitation of bids/quotes. If needed,
the anticipated bid opening date is Wednesday, July 12th (11:00 AM).
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 150,000.00
Total City Cost: $ 150,000.00 Funding Source: Infrastructure Maintenance & Stormwater
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 14729
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 12PROJECT NO. 17-12
WHEREAS, a resolution of the City Council adopted the 9th day of May 2017, fixed a date for a
Council Hearing on the following improvements:
City Parking Lot I Improvements: City designated downtown Parking Lot I; new parking lot by
construction of grading, curb and gutter, draintile, bituminous surfacing, concrete surfacing,
stormwater/drainage features, street lighting, landscaping, restoration and appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.
2. Such improvement is hereby ordered as proposed in the resolution adopted the 9th day of May 2017.
3. Such improvement has no relationship to the comprehensive municipal plan.
4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
5. The City Council declares its official intent to reimburse itself for the costs of the improvement from
the proceeds of tax exempt bonds.
Adopted by the Council this 13th day of June 2017.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
RESOLUTION NO. 14730
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 12/PROJECT NO. 17-12
WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following
described improvement:
City Parking Lot I Improvements: City designated downtown Parking Lot I; new parking lot by
construction of grading, curb and gutter, draintile, bituminous surfacing, concrete surfacing,
stormwater/drainage features, street lighting, landscaping, restoration and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby
approved.
2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper,
the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of
such improvements under such approved plans and specifications. The advertisement shall be published for
three weeks, shall specify the work to be done, shall state that bids will be received by the Director of
Engineering/Public Works until 11:00 am on Wednesday, July 12th, 2017, at which time they will be publicly
opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of
Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the
Council at 6:00 pm on Tuesday, July 25th, 2017 in the Council Chambers of the Hutchinson City Center,
Hutchinson, Minnesota.
Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to
address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the
Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified
check payable to the City of Hutchinson for 5 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 13th day of June 2017.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
HUTCHINSON CITY COUNCIL r„y,fAy a_�
Request for Board Action
Agenda Item: Sale of Municipally-Owned Land
Department: Legal
Contact: Marc Sebora
Presenter: Marc Sebora
Time Requested (Minutes):
LICENSE SECTION
Application Complete NIA
Reviewed by 5taff ❑
License Contingency NIA
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Please find a memo attached related to this item
BOARD ACTION REQUESTED:
Meeting Cate: 6/13/2017
Agenda Item Type:
Consent Agenda
Attachments: Yes
Approve purchase agreement with Eric Wangen and first reading of Ordinance No. 17-774
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funning Source:
Remaining Cost: $ 0.00 Funding Source:
Memorandum
fo: City Council Members
From: Marc Sebora. Hutchinson City Attorney
Date: June 6, 2017
Subject: Sale of Municipally -Owned Land
The City Council previously authorized me to begin a quiet title lawsuit against potential
claimants to establish the City's right to ownership of property near Prospect Street formally
owned by the Prochnow family. That litigation is coming to an end. The only person to respond
to the published summons and complaint in the matter was the landowner along the northern
boundary of the Prochnow property, Mr. Eric Wangen. In his answer to the City's lawsuit, Mr.
Wangen generally contested the City's ownership of the property and made allegations that he
had been maintaining the property over the course of the past several years.
At the same time that the legal action was going on regarding the Prochnow property, the City
began its plans for development of the hotel site and, as you know, the access road for the hotel
site will extend west off of Prospect Street. The Council has heard from Kent Exner that part of
the development plans for the parcel involve the construction of a retaining wall.
As luck would have it, both the court action and development of the parcel have matured at the
same time and a resolution solving both the legal and development problems have been arrived
at.
First, with regard to the site development, it has been determined that construction of the
retaining wall in order to meet proper engineering standards will require more land than the City
has available to it on the northwestern corner of the site to be developed near Prospect Street. In
order to do this, an easement must be obtained from Eric Wangen on the property he already
owns on Prospect Street. Mr. Wangen and the City have reached an agreement whereby he
would give us an easement for $2000 for the construction and maintenance of a retaining wall to
service the hotel development. The easement agreement would be transferable to any future
owners of the hotel property.
With regard to the legal action, the land that the City is obtaining through the legal action is more
land than the City needs to construct the retaining wall in that area. In order to resolve the legal
action. and in consideration of the easement that Mr. Wangen is giving us for the construction of
the wall on his own property, the City has agreed to convey the northerly 10 feet of the parcel of
land that was part of the legal action to Mr. Wangen. There would be a 20 -foot wide strip of
land reserved to the City as part of this conveyance as an easement, again to facilitate the
construction and maintenance of the retaining wall.
The f [utchinson City Charter requires that any conveyance of City -owned land be done by
ordinance. Therefore, for your consideration are two items. First is a purchase agreement
conveying the 10 -foot strip of land to Mr. Wangen and which reserves the easternmost 10 feet of
that for a permanent easement for the wall, and, secondly is the ordinance required by City
Charter authorizing the conveyance of the land.
For your reference I am enclosing two diagrams; the first one showing generally the location and
contours of the retaining wall and the second one a survey of the land and easements to be
conveyed.
City stall` recommends your approval of the purchase agreement and ordinance so that these
matters may be concluded.
ORDINANCE NO, 17-774
PUBLICATION NO,
AN ORDINANCE OF THIS CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF
MUNICIPALLY OWNED REAL. PROPERTY
,i,i IF: C1TY 01= HUTCHINSON ORDAINS:
section I. -fhat the municipally owned real property legally described as follows:
The Southerly 10.00 feet of the Northerly 209.50 feet of Lot 12, block 13, North Half Of Hutchinson,
according to the recorded plat thereof, McLeod County, Minnesota, subject to a Permanent Easement
over. Under and across the Easterly 20.00 feet thereof
for good and valuable consideration is hereby transferred and conveyed to Eric Wangen.
Section 2. The City Administrator, Matthew Jaunich, 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. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 27"' day of June, 2017,
Gary']'. Fortier
Mayor
ATTEST:
Matthew Jaunich
City Administrator
APPR0f7Y,5TE CONSTMCTON L16TS ' Z6
- t E PNpMT7 LIRE aa' awes
ceW40 L M [TYP.7 2iXle CATCR OA97R E%. PAOPtRTY ONE 10 f7 ST
EX PRCPFAT/ LIME TO C8 m 5[ Eysa 1063-26
f... r J _ _ TO R61471T FLL1t - 1061-39 -_~ I9
sT�Apr N.67 _- -1" _ _______ ___ - __ _TAHNC N['p[NSAL TO 4'- P_{�yURAiLii.zlFs- 10� °
_ L M lir . AL 79 STA. 5+70.33 1'
0.=F56T 17.67' 0---------
_ -
-- - __ -- FETA1RaHI WALL)
" _ _. _---------------
7EFSET-7'7. bF LS---
0016CEGT I4 W _ _
2,00
FV1U
`i -__ SOLID PY
PAFIIQ+ICi . Fa _ — — +— — _ 1.96 . oa %A — — i 76 �_ ae o+
LOT - - -- - - -- +
y •.�• .. FROWAGE ROAD
w&1
1080
1075
FRWO311D 6RME AT FRORT FACE CF WALL
1070
STR 04,10M
p,EY, Fo.6i.00
1065 f EK 1004&89
5
1060 _r
5TR 01!167
1XL1[ 1638711
4TH AVE NE 1 tNVY 7
MP OF WALL
E>3°.T010 MDE AT FRL71r FACE OF W U
STA. 1+37.67'
STA lwbi§7 1567'09 SFR 1457M
8[Y. 1066.60
F1JEY- 1066 -'JC
STA j466.67
%ElEY. 1064.051
F81Ri1Po GRADE Al Mm T FACE OF WALL -J
IfM" 867TOM OF MALL
STR 7+36.77
M".. 1066.90
C.7
M WALL
- STA- ,S+4'µ73
CF}'SET {6.'6' LT
ENOWALL AAD.OS
STA. 5+45166
OFFS T 44.7(' LS
A
1
STA 3449.27
--------------
----------SENOR
M"11PIFs
S".. 1077.10
43EV- 1073M
■ CATCH DAM
)AD
$TA 6+4536
Y.1070.00
1080
SIA- 4+9835
am 1671 E0
STA. 3+3L7{
STA 3449.27
STA, 4110.77
ELEv lo7D,o0
S".. 1077.10
43EV- 1073M
SIM 5+2L24 1075
$TA 6+4536
Y.1070.00
3+14.N
r .
—
1070
1
E1k1C 0}7,fp
IL
-_ - .-._---__
6TR 7+9&50
E1.EY. 5066.50
1069
544430
STR 5+41.46
&XV.. 1064.60 1060
STA. 3+37.74
STA. 5+37.68
mv.. 106266
STA. :+6.193
ELM 1009-34
a".. 1061A0
STA- "9&"sm
5433.77
ELN- SOSASO
n6:v.15e1,00 1055
1D50
1045
oRA7K er: e'I' oAi � �ee.re "rwna" i�`
HUTCHINSON, WET CAST SL= FUAWM WAi.-L ecE na 15
a1E a �E_ +......... rc ` w MINNEWTA PLM AND PAOME nuren 1wta� e1c
961KM RW M? 6Y 9A][ AMAp6 Pfls . SEN 2[]
k
AREA OF PARCEL A - 1309 Square Feet EASEMENT EXHIBIT AND PARCEL DESCRIPTION
LASLMENT AREAS FOR THE CITY OF HUTCHINSON
Permanent Eose"n, Area IAparcel A . 200 50 FI Pl iorl of 4'D l 12, BIvCk ! 3,
Permanent Eoaomonl Area M month 198.3 lee, df La, 12.200 5q N1
NORTH HALF OF HUTCHINSON
(DC
r�
4orF
P • Cry' J- ALJ
ky� co
""t'A'rF �qy _ - - � LLI '
/SO a rte""ry41 Dia
T
PERMANENT EASEMENT DESCRIPTION (Northerly Parcell
A Perman®)t Easement over, udder and across the Easterly
26.04 feet of the Southerly 10,00 feel of the Northerly
199.50 feet of Lot 12, Block 13, NORTH HALF OF
H .Z"HINSON, according to the recorded plot thereof. 0,-eoa
County, MInnesora,
DESCRIPTION FOR PARCEL A
The Southerly 10.00 feet of the Northerly 209.30 feet of Lot
12, Block 13, NORTH HALF OF HUTCHINSON, according to the
recorded plat thereof, McLeod County, Minnesota, subject to
o Permanent Easement over, under and across The Easterly
20,00 feet thereof,
' O ?0 40 9d
^-� male in iaBr
The orleram-on of the oeoringv shown on
this exhibit ore boaed on PROCHP40W
ADD 710N, occerding td the- recorded pial
thereet.
I hereby tertliy that Ihls Survey, Rion or
Rapar! was pr spar ed by mo or under my it ocl
fupOrvlelOe aha Thar 1 and o duly licnnzod
Land Surras, under rhe laws of the Srote of
Mlnhea Coo.
P
.i� y" fiaV6Cil
Darer �,6j �' Lic, No. �129.VP
PEUIN814 LAND SURVEYING, RiC
P O Bax 33
Hutchirlson, M.Innesoto 35350
Phone (320) 587-4788
Fox (320) 567-372
006 ND 170848 UK
REAL ESTATE PURCHASE AGREEMENT
Parties. Ibis Purchase Agreement is made and effective on the last date executed below by and between Eric Wangen, "Buyer",
and the City of Hutchinson, a Minnesota municipal corporation, "Seller'.
0I`l`crlAccepTanc.e _ Seller agrees to convey real property (the "Property') in McLeod County, Minnesota, as follows:
The Southerly 10.00 feet of the Northerly 209,50 feet of Lot 12, block 13, North Half Of Hutchinson, according to the
recorded piat thereof, McLeod County. Minnesota, subject to a Permanent Easement over, under and across the Easterly 20.00
acct thereof:
hLIXhaSe Price.. and J firms, The purchase price for the property shall be one dollar and zero cents (S 1.00) which the Buyer
agrees to pay in casts or by certified check or bank draft on the date of the closing and upon delivery of the deed as
hereinafter proviued.
C'Ic>>ing Date and ContinVc
ncies. For a period of up to 20 days following the execution of this purchase agreement, Buyer
shall have an opportunity to conduct investigations of the property as described below. The obligation of the Buyer to
complete the transaction contemplated under this purchase agreement is Specifically contingent on and the Buyer satisfying
itsell'that there are no significant environmental or other problems affecting the property_ The Buyer shall be the sole judge of
the fitness of the condition of the property, The closing of this transaction shall take place within 20 days of the end of the
contingency period and, in no event later than on or before CT`' _�( , or as otherwise mutually
apreed by and between the parties,
Deed. At closing, Seller shall execute and deliver a Quit Claim Deed conveying title of record, subject to building and zoning
laws. ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or easements of
record.
Assessments. Seller shall pay on the date of closing any deferred real estate taxes (including -green acres" taxes) under
Minnesota Statute §273.1.1 1 or special assessments payment of which Js required as a result of the closing of this sale.
Real estate taxes due and payable in the year in which this transaction is closed shall be paid by the seller Seller. Buyer
sl}all pa. real estate taxes due and payable in the year following closing and thereafter. Seller makes no representation
cunccrning the amount of iirtttre real estate taxes or of future special assessments.
Seller's Lien Warrants. Seller warrants that there have been no labor or material furnished to the property for which
payment has not been made.
Cond.itwn_of'Pronertt. Seller shall remove all debris and all personal property not included in this sale frorn the property
belbre possession date. Seller has not received any notice from any governmental authority as to the existence of any
Dutch elm disease. oak wilt, or other disease of any trees on the property.
Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the
property by any person in violation of any law, nor of any underground storage tanks having been located on the property
at any time.
Notwithstanding Buyer's environmental investigations of the property, Seller does not warrant and represent to Buyer
that there have been no acts or occurrences upon the property that have Caused or could cause hazardous substances or
petrofeum products to be released or discharged into the subsoil or ground water of the property or other property in the
area. Seller does not represent and warrant to Buyer that the property is free of hazardous substances and is not
subject to any "superfund" type liens or claims by governmental reguiatory agencies or third parties arising from the
release or threatened release of hazardous substances in, on, or about the property.
Seller knows of no wetlands, flood plain, or shoreland on or affecting the property
Seller's warranties and representations contained in this section shall survive the delivery of the deed provided that any
notice of a defect or claim of breach of warranty must be in writing, Any such notice with respect to matters referred to
in this section must be given by the Buyer to the Seller within one year of the date of closing or they will be deemed
waived. The conditions of the conveyance of this property set forth in the Price and Terms section of this
agreement shall also survive the delivery of the deeds.
13w,er shall have the right to have inspections of the property conducted prior to closing. Unless required by local
ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations
made in this paragraph, and by any contingencies, the property is bteing sold "AS IS" with no express or implied
representations or warranties by the Seller as to physical conditions or fitness for any particular purpose.
DIsclosure _ot' Notices. Seller has not received any notice From any governmental authority as to violation of any law,
ordinance or regulation. It' the property is subject to restrictive covenants, Seller has not received any notice from
an,,person as to a breach of the covenants. Seller has not received any notice from any governmental authority
concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. Should Seller receive
notice ofannexation proceedings, Seller agrees to cooperate with Buyer to annex the above-described land into the City
of I I u LC ll i 11 soil.
Access_ Prior to C losin;'. By this purchase agreement, Buyer does not acquire any right of possession of the property,
license, or casement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer
and its agents shall have access to the Property foe completing such tests, studies, evaluations and other investigations
as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site
e�aivators for the purposes of testing, measuring and evaluating the condition of the parcel.
Possession. Seller shall deliver possession of the property not later than !i C:' , the date of closing; or
such earlier time as the Seller is capable of executing the deed.
Closing Costs and Prorations. Seller shall pay any state deed tax due and payable with respect to the Quit Claim Deed
conveying the property. Real estate taxes, if any, due and payable for the Property the year in which the Closing occurs
shall be prorated between Seller and Buyer as of the Closing Date. Buyer shall pay the costs of recording the conveyance
instruments and the premium for any policy of title insurance which Buyer elects to purchase. All other costs and expenses
v, ith respect to the property shall be prorated between the Seller and Buyer as is customary as of the closing date. Each
party shall pay its respective attorney's fees and professional costs with respect to the negotiation and closing of the
purchase. Seller Shall pay any commission or fee payable to Seller's broker or agent if any.
Records. Upon the execution of the Purchase Agreement, Seller will deliver to Buyer true and correct copies of all records
(the "Records-') affecting the Property and their ownership, condition and.use including, without limitation, copies of all
sLm.cys, soil tests, environmental studies and reports, market studies, appraisals, tax records, governmental permits and
correspondence either in Seller's possession or immediately available to Seller.
Minnesota Law. This contract shall be governed by the laws of the State of Minnesota.
Well Disclosure. Seiler certifies that Seller does not know of any wells on the property.
Closing.. ('losing shall be conducted at Hutchinson City Center located at 1 1 1 Hassan Street SE,
I lutChinson, MN 55350. At closing, Seller and Buyer shall disclose their Federal Tax Identification
numbers for the purposes of completing state and federal tax forms.
I3r.. __ of.C'�ntract. The parties herein agree that the ordinary remedies available for breach of contract, including but not
limited to rights of specific performance. shall apply to this transaction, notwithstanding the payment of any earnest
rnonc� by Buyer.
F.asenients. In addition to the easement reserved by the Seller in this transaction, as part of the overal l transaction in
this matter. the parties will be executing separate documents for the purpose of Buyer granting to Seller
a permanent casement over real property that Buyer currently owns to assist Seller in developing
property Seiler currently owns, narnely the Prochnow Addition, to the City of Hutchinson. The legal
description for that easement is:
A Permanent Easement over, under and. across the easterly 20.00 feet of the Southerly
10.00 feet of the Northerly 199.54 feet of Lot I2, Block 13, NORTH HALF OF
HUTCHINSON, according to the recorded plat thereof, McLeod County, Minnesota
Miscellaneous.. The parties are currently involved in a quiet title action venued in McLeod County,
Minnesota which has been assigned court file number 43 -CV -16-1327. The real estate that is the subject
of this purchase agreement is encumbered by that quiet title action and the parties agree that that quiet
title action must be completed before the purposes of this transaction can be effectuated. Buyer agrees
to execute the documents necessary to conclude the matter contained in court file number 43 -CV -15-
1327 so that the real estate transaction contained in this document can be completed and the real
property be transferred to Buyer.
SELLER BUYER
CITY OF HUTCHINSON Eric Wangen
Clary l'. l'orcier. Mayor By:
Matthc�k Jaunlch City Administrator
HUTCHINSON CITY COUNCIL
Request for Board Action�biL�`
Agenda Item: Discussion on Maintenance of Dakota County Trail
Department: Administration
LICENSE SECTION
Meeting Efate: 6/13/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff F-1
Communications, Requests
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Council member Cook has requested that this item be placed on the agenda for discussion purposes. This would be a
follow up to the letter of support we submitted last August for the Dakota Rail Trail project (attached).
Now that the Legacy bill has passed and the Dakota Rail Trail will have funding to pave the 2 miles from the Carver
County line to County Road 1, council member Cook would like the Council to discuss our potential willingness to
maintain the trail within city limits and possibly go all the way to Highway 22. This was something that we briefly
discussed last year.
BOARD ACTION REQUESTED:
No action at this time. Discussion only.
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
C
August 23, 2016
Mr. Al Koglin
Park Superintendent
McLeod County
830 E. 1 lth Street
Glencoe, MN 55336
RE: Support for the Dakota Rail Trail Project
Dear Mr. Koglin:
Office of the City Administrator
111 Hassan Street SF.
Hutchinson, MN 55350-2522
320-234-4241/Fax 320-2344240
On behalf of the Hutchinson City Council, I am writing to you today in an effort to express the
City of Hutchinson's support in McLeod County's application for the Parks and Trails Legacy
Fund to develop the Dakota Rail Trail from the McLeod/Carver County line to the City of
Hutchinson, a distance of 18 -miles. We are excited to hear about this application. With the recent
paving of the Luce Line Trail, Hutchinson understands the benefit a regional trail system can
bring not only to a community, but a region as a whole.
The City of Hutchinson believes that the Dakota Rail Trail will become a critical link in McLeod
County's trail system because it will provide off-road connections between several communities
across the county and it will connect with the Luce -Line State Trail in Hutchinson to provide
additional opportunities for residents and visitors to recreate and commute. West of McLeod
County, the Dakota Rail Trail crosses Carver County and Hennepin County and is one of the
most popular trails in the region, with over 573,000 annual visits. The McLeod County
connection to the Carver County segment will allow thousands of users to continue traveling on
the trail across McLeod County, generating more tourism revenue for the cities of Lester Prairie,
Silver Lake and Hutchinson.
The Dakota Rail Trail will be one of the longest paved trails in McLeod County. This will
provide opportunities for residents to commute to work and bike, walk, or run for exercise. The
health benefits of the trail will be realized in all connecting communities and across the county.
As you as well know, the Dakota Rail Trail ends at the Depot Marketplace here in Hutchinson.
The City envisions a bigger picture with the Dakota Trail connecting to the Luce Line State
Trail. The connection of the Luce Line State Trail to the Dakota Rail Trail would create one of
the longest contiguous trail sections in the upper Midwest and would create a regional attraction
for the area.
In an effort to help make this a reality, the City of Hutchinson is willing to provide assistance to
make this project financially more feasible. That assistance would include the following:
• We would be willing to work with the County's engineering staff and provide an in-kind
contribution of our engineering staff to help engineer this project. We estimate that this
in-kind contribution would be valued at about $160,000.
• We would be willing to construct a trail that would connect the Dakota Rail Trail at
Ranch Ave to the existing city trail under the 5th Ave Bridge. This would provide Dakota
Rail Trail users the option to connect with the newly paved trail over to the Depot
Marketplace (which will also serve as a trail head), the Luce Line State Trail or the city
trail system. We estimate this cost to be approximately $80,000.
• We would be willing to cover future maintenance costs along that portion of the Dakota
Rail Trail that is within city limits, and would be willing to explore partnerships on the
maintenance of the trail adjacent to city limits.
Once again, the City of Hutchinson whole heartily extends its support in your effort of seeking
funding for the Dakota Rail Trail. As noted above, we are also willing to be a partner in this
effort. If we can be of any assistance to you in this project, please don't hesitate to contact us.
Sincerely,
Matthew Jaunich
City Administrator
CC: Pat Melvin, County Administrator
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Sale of Municipally -Owned Land - MidCountry Bank
Department: Administration/Legal
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Marc A. Sebora
Agenda Item Type:
Presenter: Marc A. Sebora
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
In 2015, the City of Hutchinson purchased the southern portion of the parking lot behind MidCountry Bank. As part of
that transaction, the purchase agreement contained an option for MidCountry Bank to purchase the northernmost 46.3
feet of the parking lot from the City of Hutchinson within five years. The purchase agreement stated that if MidCountry
Bank should purchase the property, the bank must use the property for a business purpose that is not exclusively for
parking.
The purchase agreement for this proposed transaction is under the same terms as the City and MidCountry Bank
entered into in 2015 for the purchase of the southern portion of the parking lot. Therefore, the purchase price for the
northerly 46.3 feet is $57,000, which is what the City purchased the southern portion of the lot for. The purchase
agreement has been forwarded to MidCountry Bank and the City is expecting to receive a signed copy back prior to
the second reading of the ordinance approving this transaction.
I am enclosing a map showing the two parcels involved. The upper portion in blue is the parcel that is the subject of
the purchase agreement. The lower portion of the map (in red) shows the parcel that the City purchased in 2015.
The Hutchinson City Charter requires that any conveyance of City -owned land be done by ordinance.
Staff recommends the sale of this property and will be available for any questions the Council may have at the
meeting.
BOARD ACTION REQUESTED:
Approve first reading and set second reading and adoption of Ordinance No. 17-775 for June 27, 2017.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
ORDINANCE NO. 17-775
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF
MUNICIPALLY OWNED REAL PROPERTY
THE CITY OF HUTCHINSON ORDAINS:
Section 1. That the municipally owned real property legally described as follows:
The north 46.3 feet of Lot 1, Block 27, South Half City of Hutchinson
for good and valuable consideration is hereby transferred and conveyed to MidCountry Bank
Section 2. The City Administrator, Matthew Jaunich, 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. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 27"' day of June, 2017.
Gary T. Forcier
Mayor
ATTEST:
Matthew Jaunich
City Administrator
-.Pip
Second Avg SE
7,N W'"" - ,Aw
s
• � iC r
Ws
Id il
cc
j f
I i'
HUTCHINSON CITY COUNCIL COY
Request for Board Action
Agenda Item: Hosted Public Wi-Fi Services Agreement with NU-Telecom
Department: Administration
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff F-1
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
In late 2015, NU-Telecom approached the City about putting up Wi-Fi antenna's in Library Square. Due to some
technical difficulties it simply wasn't feasible for the City to allow the deployment of Wi-Fi in the Library area at that
time. However, in 2016 the City worked with NU-Telecom to put up Wi-Fi antenna's at Dave Mooney Baseball
Complex for the State Amateur Baseball Tournament. That experience went well and was well received. Discussions
between the City and NU-Telecom took place at the tail end of 2016 about deploying Wi-Fi in other public areas
throughout town. Those discussions have resulted in the attached agreement that is in front of you for consideration.
A couple of items to note with the agreement:
1) The list of where the initial deployment will take place are included in Exhibit A (Page 4). This is the first phase with
potential additional locations being added at a later time.
2) The agreement notes that the responsibility of the equipment is that of NU-Telecom
3) There is a public benefit as noted under bullet point 4 in the agreement
4) The agreement offers flexibility for public use for us to consider changes in the future if we feel it is being abused.
Marc has reviewed the agreement and is comfortable with the language.
BOARD ACTION REQUESTED:
Approve/Deny Authorizing the City Administrator to enter into a Hosted Wi-Fi Services Agreement with NU-Telecom
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HOSTED WIFI SERVICES AGREEMENT
This AGREEMENT made and entered into on this _ day of
20 by and between City of Hutchinson, hereinafter referred to as "CITY"
NEW ULM TELECOM, INC., hereinafter referred to as "PROVIDER".
WITNESSETH:
and
WHEREAS, CITY desires to offer Wi-Fi access at the sites identified in Exhibit A.
WHEREAS, Provider hereby agrees to purchase and install equipment and provide
Internet service at the sites identified in Exhibit A at no costs to the City.
WHEREAS, CITY shall allow Provider use of site resources such as poles,
electricity, buildings, and any structure agreed upon in advance of the equipment
being installed by both parties, to mount equipment and signage in exchange for
public Wi-Fi services.
NOW, THEREFORE, In consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Term. This agreement shall be for a term of 5 (five) years from the initial
service activation date.
2. Instal lation/Equipment. Provider shall own and install the equipment to
provide Wi-Fi access at the sites identified in Exhibit A. Installation and
placement of equipment shall conform to the City's planning and zoning and
building regulations and should be installed in a way that is out of reach for
tampering.
3. Removal or Relocation of Equipment. Provider shall remove or relocate
equipment at no cost to the CITY. A request to remove the equipment by the
CITY shall be done in accordance with the early termination agreement
below. From time -to -time, the CITY may ask the Provider to temporarily
remove or relocate the equipment. The Provider shall do this at no cost to the
CITY and the CITY shall provide a 30 day notice of such request.
4. Service. Provider will install equipment to allow public access to Wi-Fi. In
addition, the Provider will offer a limited free public Wi-Fi service at the sites
identified in Exhibit A. The minimum internet speeds shall be 7Mbs down and
3 up. The Provider will also offer a pay service options for users seeking a
higher quality of service and a service offering for its' subscribers.
5. Hours. This service shall be provided during the hours of 7 a.m. to 10 p.m.,
seven days a week. The Provider may offer a pay service option for users
outside of the allowed hours. CITY can request changes to hours of Wi-Fi
availability by written notice to Provider.
6. Liability and Hold Harmless. The CITY will not be liable for any damage that
may occur to the Provider's equipment at the sites identified in Exhibit A.
Along with accepting liability for the equipment, the Provider agrees to hold
harmless the City in the event any equipment shall fall and injure any users
and/or spectators at the sites identified in Exhibit A. With the exception of the
foregoing, each party will be responsible for all loss, claims, demands, suits or
other action or liability suffered, made, instituted or asserted against it by any
other party or person, for any personal injury to or death of any person or
persons, for any loss, damage or destruction of any property caused by the
negligent act or omission of the responsible party, its agents and employees.
UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7. Interference. The CITY will be not be responsible for any interference by the
equipment being provided by the Provider with any pre-existing
telecommunication systems, broadcasts or receptions. If such interference
does occur, resolving that interference will be between the Provider and the
party who is being interfered upon.
8. Early Termination. If CITY finds it necessary to terminate this contract prior
to the end of the term, CITY will send written notice to Provider 120 days
prior to requested termination date.
9. Additional Terms and Conditions:
a. CITY warrants that it has full authority to enter into this agreement.
b. This Agreement may be modified within the term of the agreement to
include upgrades to existing services by written amendment signed by
both parties.
2
c. This agreement may not be transferred or assigned without the written
consent of the other party, -which consent shall not be unreasonably
withheld.
IN WITNESS WHEREOF, the parties hereto set their hands the day and year first
written above.
CITY OF HUTCHINSON
By..............................................
Name..........................................
Title............................................
NEW ULM TELECOM, INC.
By..............................................
Name..........................................
Title............................................
EXHIBIT A
Site List
Site Name Site Address
1. Burich Arena
2. Hutchinson Rec Center/Aquatic Center
3. Roberts Park
4. Veterans Memorial Field/Park
5. Campground/Masonic West River Park
6. Depot/Farmer's Market
7. Hutchinson Event Center
8. Airport — Pilots Lounge
9. Library Square
0
950 Harrington Street SW
900 Harrington Street SW
1605 Roberts Road SW
301 Ontario Street SE
Les Kouba Drive
25 Adams Street SE
1005 Hwy 15 S. Plaza 15
1700 Butler Field Dr. SW
Main Street
HOSTED WIFI SERVICES AGREEMENT
This AGREEMENT made and entered into on this day of
20 by and between City of Hutchinson, hereinafter referred to as "CITY" and
NEW ULM TELECOM, INC., hereinafter referred to as "PROVIDER".
WITNESSETH:
WHEREAS, CITY desires to offer Wi-Fi access at the sites identified in Exhibit A.
WHEREAS, Provider hereby agrees to purchase and install equipment and provide
Internet service at the sites identified in Exhibit A at no costs to the City.
WHEREAS, CITY shall allow Provider use of site resources such as poles,
electricity, buildings, and any structure agreed upon in advance of the equipment
being installed by both parties, to mount equipment and signage in exchange for
public Wi-Fi services.
NOW, THEREFORE, In consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Term. This agreement shall be for a term of 5 (five) years from the initial
service activation date.
2. Installation/Equipment. Provider shall own and install the equipment to
provide Wi-Fi access at the sites identified in Exhibit A. Installation and
placement of equipment shall conform to the City's planning and zoning and
building regulations and should be installed in a way that is out of reach for
tampering.
3. Removal or Relocation of Equipment. Provider shall remove or relocate
equipment at no cost to the CITY. A request to remove the equipment by the
CITY shall be done in accordance with the early termination agreement
below. From time -to -time, the CITY may ask the Provider to temporarily
remove or relocate the equipment. The Provider shall do this at no cost to the
CITY and the CITY shall provide a 30 day notice of such request.
4. Service. Provider will install equipment to allow public access to Wi-Fi. In
addition, the Provider will offer a limited free public Wi-Fi service at the sites
identified in Exhibit A. The minimum internet speeds shall be 7Mbs down and
3 up. The Provider will also offer a pay service options for users seeking a
higher quality of service and a service offering for its' subscribers.
5. Hours. This service shall be provided during the hours of 7 a.m. to 10 p.m.,
seven days a week. The Provider may offer a pay service option for users
outside of the allowed hours. CITY can request changes to hours of Wi-Fi
availability by written notice to Provider.
6. Liability and Hold Harmless. The CITY will not be liable for any damage that
may occur to the Provider's equipment at the sites identified in Exhibit A.
Along with accepting liability for the equipment, the Provider agrees to hold
harmless the City in the event any equipment shall fall and injure any users
and/or spectators at the sites identified in Exhibit A.
7. Interference. The CITY will be not be responsible for any interference by the
equipment being provided by the Provider with any pre-existing
telecommunication systems, broadcasts or receptions. If such interference
does occur, resolving that interference will be between the Provider and the
party who is being interfered upon.
8. Early Termination. If CITY finds it necessary to terminate this contract prior
to the end of the term, CITY will send written notice to Provider 120 days
prior to requested termination date.
9. Additional Terms and Conditions:
a. CITY warrants that it has full authority to enter into this agreement.
b. This Agreement may be modified within the term of the agreement to
include upgrades to existing services by written amendment signed by
both parties.
c. This agreement may not be transferred or assigned without the written
consent of the other party, -which consent shall not be unreasonably
withheld.
IN WITNESS WHEREOF, the parties hereto set their hands the day and year first
written above.
W
CITY OF HUTCHINSON
By..............................................
Name..........................................
Title............................................
NEW ULM TELECOM, INC.
By..............................................
Name..........................................
Title............................................
EXHIBIT A
Site List
Site Name Site Address
1. Burich Arena
950 Harrington Street SW
2. Hutchinson Rec Center/Aquatic Center
900 Harrington Street SW
3. Roberts Park
1605 Roberts Road SW
4. Veterans Memorial Field/Park
301 Ontario Street SE
5. Campground/Masonic West River Park
Les Kouba Drive
6. Depot/Farmer's Market
25 Adams Street SE
7. Hutchinson Event Center
1005 Hwy 15 S. Plaza 15
8. Airport — Pilots Lounge
1700 Butler Field Dr. SW
9. Library Square
Main Street
E
HUTCHINSON CITY COUNCIL CityafA
Request for Board Action
Agenda Item: Consideration of Adoption of Resolution No. 14726 to update Airport Zoning
Department: PW/Eng
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff
New Business
Time Requested (Minutes): 5
License Contingency
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Since 1984, the City of Hutchinson has operated under the same ordinance pertaining to airport zoning. The
proposed project is to update the 1984 Hutchinson Municipal Airport Zoning Ordinance based on results of the 2015
Airport Master Plan. The 1984 Airport Zoning Ordinance protects for the existing 4,000 -foot runway, but it does NOT
protect for the proposed crosswind runway included in the Master Plan and most recent Airport Layout Plan.
Earlier this spring, MnDOT Aeronautics staff contacted me directly and indicated the possibility of State FY2017
grants being available for planning/zoning purposes. This project would be contingent upon receiving a State FY2017
MnDOT Aeronautics grant to update the airport zoning ordinance.
State requirements for zoning at airports are covered in Minnesota Statutes Chapter 360, "Airports and Aeronautics"
and Minnesota Rules Chapter 8800.2400 "Airport Zoning Standards". Issues identified in the statutes and rules are
significantly more complicated than traditional land use zoning issues. After consultation with Dan Jochum, Dir. of
Planning/Bldg/Zoning, it was determined to be in the City's best interest to engage the airport consultant for this
detailed work.
The project would be funded 80% with a MnDOT Aeronautics grant, with 20% of local funds. After State FY2017,
which begins July 1, 2017, the funding percentages change to 70%/30%, so the intent is to immediately apply for the
grant.
Primary components of the project include:
1. Joint zoning board (Joint Planning Board) meetings to discuss, outline zoning requirements and receive feedback.
2. Revise, amend and update airport zoning ordinance with maps
3. Conduct/lead two public hearings
4. Coordinate with MnDOT Aeronautics on draft and final ordinance
BOARD ACTION REQUESTED:
Adopt Resolution No. to update Airport Zoning. Project contingent upon receipt of MnDOT Aeronautics Grant.
Name Mayor Forcier and City Administrator Jaunich as authorized signatories.
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 70,800.00
Total City Cost: $ 14,160.00 Funding Source: Planning dollars
Remaining Cost: $ 56,640.00 Funding Source: MnDOT Aeronautics Grant
RESOLUTION NO. 14726
RESOLUTION TO UPDATE
AIRPORT ZONING ORDINANCE
WHEREAS, the last update to the Hutchinson Municipal Airport Zoning ordinance was
completed in 1984, and;
WHEREAS, the current ordinance, while it does protect for the existing 4,000 foot
runway, does not protect for a proposed future crosswind runway in the most current Airport
Layout Plan, and;
WHEREAS, the Joint Planning Board would operate as the Joint Airport Zoning Board
referenced in the ordinance, and;
WHEREAS, Minnesota Statutes §360, "Airports and Aeronautics" and Minnesota Rules
§8800.2400 "Airport Zoning Standards" outline zoning standards for Minnesota Airports; and;
WHEREAS, Grants from the Minnesota Department of Transportation Office of
Aeronautics (MnDOT Aeronautics) may be available to assist in paying for a significant portion
of costs related to the zoning update
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
The City Council approves Bolton -Meek Work Order 91 for updating the Airport Zoning
Ordinance, contingent upon receipt of a grant from MnDOT Aeronautics.
2. Project costs shall not exceed $70,800, of which 80% ($56,640) paid by a MnDOT
Aeronautics (State Fiscal Year 2017) grant. The remaining 20% ($14,160) paid by City
Planning funds.
3. The City Council appoints Mayor Gary Forcier and City Administrator Matthew Jaunich
as authorized signatories for executing a grant with MnDOT Aeronautics.
Adopted this 13th day of June, 2017 by the City Council of Hutchinson, Minnesota.
Mayor — Gary Forcier
ATTEST
City Administrator — Matthew Jaunich
M MLENK
Real People. Real Solutions.
June 13, 2017
Mr. John Olson
Public Works Manager
City of Hutchinson
1400 Adam Street SE
Hutchinson, MN 55350
RE: Hutchinson Municipal Airport— Butler Field (HCD)
2017 Airport Zoning Update
BMI Work Order #1
Proposal for Professional Services
Dear Mr. Olson,
7533 Sunwood Drive NW
Suite 206
Ramsey, MN 55303-5119
Ph: (763) 433-2851
Fax: (763) 427-0833
Balton-Menk.com
Bolton & Menk is pleased to submit our proposal for Professional Services for updating the Airport
Zoning Ordinance at the Hutchinson Municipal Airport.
A multi -jurisdictional Hutchinson Municipal Airport Zoning Ordinance was adopted in 1984 by the
Hutchinson Municipal Airport Zoning Board consisting of representatives from the City of Hutchinson,
McLeod County, and Hassan Valley and Lynn Townships. In 1984, the Joint Airport Zoning Board planned
for an 800 -foot runway extension to the north for a total runway length of 4,000 feet which has since
been constructed. The Airport Zoning Ordinance does not protect for a crosswind runway. The purpose
of this work order is to update the Airport Zoning Ordinance to reflect the Airport Layout Plan
completed in 2015.
Zoning ordinance revisions will be performed by the general guidance found in the following:
1. Procedural steps in Minnesota Statutes Chapter 360, Sections 360.061 to 360.074,
as outlined in the attached "Procedural Steps Towards Airport Zoning Enactment of
Publicly Owned Airports".
2. Minnesota Rules Chapter 8800.2400, "Airport Zoning Standards"
3. The current version of the "Model Zoning Ordinance for Minnesota Airports"
prepared by the MnDOT, Office of Aeronautics.
The following reference documents will be used during development of the zoning ordinance revisions:
1. The current updated Airport Layout Plan was submitted to MnDOT in 2015 and is in
the process of being approved by MnDOT and FAA.
2. The existing Airport Zoning Ordinance dated 1984.
This is Work Order #1 to the Master Agreement for Professional Services between the City of
Hutchinson and Bolton & Menk, Inc. with an effective date of April 11, 2017.
H:\HUTC\_Proposals\HCD Zoning Work Order No I.docx
Bolton & Menk is an equal opportunity em
Name: Mr. John Olson
Date: May 13, 2017
Page: 2
SCOPE OF SERVICES:
PLANNING: Update the Airport Zoning Ordinance
1. Conduct monthly progress reports and coordinate with appropriate SPONSOR Staff.
2. Provide recommendations regarding the appropriate zoning processes to be followed in
order to meet state statute requirements of ultimately receiving a Commissioner's Order
approving the zoning ordinance.
3. Provide recommendations regarding the make-up of the joint airport -zoning board to be
established.
4. Prepare all necessary revisions and amendments to the existing airport zoning ordinance
text and maps.
5. Bolton & Menk will determine whether areas adjacent to the airport qualify as an Existing
Residential Neighborhood (ERN) and incorporate mapping and language into the Airport
Zoning Ordinance as appropriate.
6. Prepare meeting and hearing notices, to be distributed by SPONSOR staff.
7. Attend up to four (4) joint zoning board meeting, present information and material, and
answer questions.
8. Lead up to two (2) public hearings related to ordinance revision.
9. Coordinate the MnDOT review of a draft copy of the zoning ordinance and mapping and
coordinate with MnDOT through the approval process and Commissioner's Order. Includes
up to four (4) meetings. SPONSOR will be responsible for getting the final zoning ordinance
recorded at the County.
CONSIDERATION:
The services described above in this proposal shall be completed on a LUMP SUM NOT TO EXCEED basis
of $ 70,800.
SCHEDULE:
We anticipate the work can be performed to the following schedule.
• Coordinate grant request with MnDOT May 2017
• Complete Airport Zoning Ordinance Update February 2018
Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our
sponsors' needs. If you find this proposal acceptable, please return to me a signed and dated copy of
this document.
H:\HUTC\_Proposals\HCD Zoning Work Order No l.docx
Bolton & Menk is an equal opportunity em
Name: Mr. John Olson
Date: May 13, 2017
Page: 3
Sincerely,
BOLTON & MENK, INC.
Melissa R Underwood
Senior Aviation Planner
Cc: Silas Parmar, Bolton & Menk
*************************************************************************************
I hereby accept the terms defined in this letter proposal.
Name/Signature Gary Forcier, Mayor
Name/Signature Matthew Jaunich, City Administrator
H:\HUTC\_Proposals\HCD Zoning Work Order No 1.doa
Balton & Menk is an
06/13/2017
Date
06/13/2017
Date
DETAILED COST ESTIMATE
H:\HUTC\ Proposals\HCD Zoning Update Fee 2017
•AIRPORT
AIRPORTProject: 2017 ZONING UPDATE
L
tw
M
H
TASK
WORK TASK DESCRIPTION
M
a
V
s
=
Total
NO.
u
+
Cost
�+
o
N
o
a
1
Monthly progress reports
4
10
8
22
$
2,832
2
Zoning process recommendations
4
8
4
16
$
2,156
3
Joint Airport Zoning Board attendance recommendations
4
8
4
16
$
2,156
4
Revise and amend Airport Zoning Ordinance with maps
4
60
50
114
$
14,222
5
Determine Existing Residential Neighborhoods
2
6
10
18
$
2,134
6
Prepare meeting and hearing notices
2
20
20
42
$
5,156
7
Attend four joint zoning board meetings
2
80
70
152
$
18,786
8
Lead two public hearings
2
50
50
102
$
12,446
9
Coordinate with MnDOT on draft and final ordinance
8
40
40
88
$
10,904
TOTAL HOURS
32
282
256
AVERAGE HOURLY RATE
$148.00
$148.00
$95.00
SUBTOTAL
$4,736
$41,736
$24,320
HOURLY
W
HOURLY ESTIMATE FEE ROUNDED
BOLTON &
MENK
$70,800
H:\HUTC\ Proposals\HCD Zoning Update Fee 2017
HUTCHINSON CITY COUNCIL c`=y-f
Request for Board Action 7AL =-ft
Agenda Item: Calling of a Special Joint Workshop Meeting with HUC for 7:30 am on June 26
Department: Administration
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
We are looking to schedule a special joint workshop meeting with the Hutchinson Utilities Commission for Monday,
June 26 at 7:30 a.m. to discussion the City/HUC PILOT Arrangement. This date and time seems to work best for both
boards. We are asking that you officially set this as a City workshop meeting.
BOARD ACTION REQUESTED:
Approval of calling a special meeting with the HUC for 7:30 a.m. on Monday, June 26 in the Council Chambers
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY COUNCIL c`=y-f
Request for Board Action 7AL =-ft
Agenda Item: Calling of a Special Joint Meeting with the EDA for 11:30 am on June 27
Department: Administration
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
We are looking to schedule our annual joint meeting with the EDA. The EDA has thrown out a date of June 27 at
11:30 a.m. Lunch would be provided. If this works for the majority of you, I'm asking that you call that as a special
meeting.
BOARD ACTION REQUESTED:
Approval of calling a special meeting with the EDA for 11:30 a.m. on Tuesday, June 27 in the Council Chambers
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY COUNCIL c`=y-f
Request for Board Action 7AL =-ft
Agenda Item: Set Council Workshop to review the 2016 Audit Report (CAFR)
Department: Finance
LICENSE SECTION
Meeting Date: 6/13/2017
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
I would like to call for a council workshop to review the 2016 audited financial report on July 11th at 4:30. Kyle
Meyers, who is a partner with our audit firm, Abdo, Eick & Meyers, will be here to lead the workshop and also to give a
short presentation at the council meeting that night as he has done in previous years. If that date does not work, then
July 25th at 4:30 would be the second option. Thank you.
BOARD ACTION REQUESTED:
Set a workshop to review the 2016 Audit Report.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
Hutchinson Properties Orded To Be Cleared By City
06/06/2017
Enforcement
Number Address Parcel Category Date Filed Status Date Closed
EEN17-0001
715 Oak St NE
31-117-29-07-0850
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0002
346 Monroe St SE
06-116-29-07-0100
Tall Grass/Noxious We&
05/16/2017
Closed
05/23/2017
EEN17-0003
709 Madson Ave SW
01-116-30-10-0080
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0004
206 Monroe St SE
06-116-29-02-0560
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0005
570 Adams St SE
06-116-29-10-0020
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0006
215 5th Ave NE
31-117-29-09-0640
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0007
539 2nd Ave SW
01-116-30-01-0540
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
EEN17-0008
455 Water St NW
31-117-29-12-0370
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0009
488 California St NW
36-117-30-11-0190
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
EEN17-0010
545 Madson Ave SW
01-116-30-09-0050
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
EEN17-0011
121 5th Ave NE
31-117-29-10-0100
Tall Grass/Noxious We&
05/10/2017
Abated
05/30/2017
EEN17-0012
731 Arizona St NW
36-117-30-06-1000
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0013
542 Adams St SE
06-116-29-07-0720
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0014
570 Main St S
06-116-29-11-0040
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
EEN17-0015
206 5th Ave NE
31-117-29-09-1130
Tall Grass/Noxious We&
05/10/2017
Closed
05/25/2017
EEN17-0016
1379 Jefferson St SE
07-116-29-08-0060
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0017
245 Hwy 7 E
31-117-29-09-0430
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
EEN17-0018
516 Adams St SE
06-116-29-07-0690
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0019
554 Adams St SE
06-116-29-07-0740
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0020
676 Jefferson St SE
06-116-29-11-0440
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0021
725 Oak St NE
31-117-29-07-0840
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0022
1373 Jefferson St SE
07-116-29-08-0050
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0023
430 Water St NW
31-117-29-12-0270
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0024
153 5th Ave NE
31-117-29-09-0790
Tall Grass/Noxious We&
05/10/2017
Abated
05/25/2017
EEN17-0025
465 Water St NW
31-117-29-12-0360
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0026
882 Oak St NE
31-117-29-02-0690
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0027
32 McLeod Ave NE
31-117-29-10-0380
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0028
505 Monroe St SE
06-116-29-07-1010
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0029
141 5th Ave NE
31-117-29-10-0140
Tall Grass/Noxious We&
05/10/2017
Abated
EEN17-0030
140 Morningside Dr NE
32-117-29-14-0710
Tall Grass/Noxious We&
05/10/2017
Closed
05/17/2017
Hutchinson Properties Orded To Be Cleared By City
06/06/2017
Enforcement
Number Address Parcel 0 Category Date Filed Status Date Closed
EEN17-0031
841 Main St S
06-116-29-14-0500
Tall Grass/Noxious We&
05/15/2017
Closed
05/23/2017
EEN17-0032
325 Adams St SE
06-116-29-07-0130
Tall Grass/Noxious We&
05/15/2017
Closed
05/23/2017
EEN17-0033
415 Adams St SE
06-116-29-07-0610
Tall Grass/Noxious We&
05/15/2017
Abated
EEN17-0034
945 Milwaukee Ave SW
01-116-30-10-1060
Tall Grass/Noxious We&
05/15/2017
Closed
05/23/2017
EEN17-0035
1100 Hwy 15 S
12-116-30-01-0030
Tall Grass/Noxious We&
05/15/2017
Closed
05/26/2017
EEN17-0036
64 9th Ave NE
31-117-29-02-0790
Tall Grass/Noxious We&
05/15/2017
Abated
05/23/2017
EEN17-0037
750 Dale St SW
01-116-30-10-1230
Tall Grass/Noxious We&
05/15/2017
Abated
EEN17-0038
705 Dale St SW
01-116-30-10-0300
Tall Grass/Noxious We&
05/15/2017
Closed
05/23/2017
EEN17-0039
7 9th Ave NE
31-117-29-02-0640
Tall Grass/Noxious We&
05/15/2017
Abated
EEN17-0040
234 Jefferson St SE
06-116-29-03-0980
Tall Grass/Noxious We&
05/19/2017
Closed
05/19/2017
EEN17-0041
776 Ivy Ln SE
06-116-29-14-0450
Tall Grass/Noxious We&
05/15/2017
Closed
05/23/2017
EEN17-0042
1019 Jorgenson St SE
07-116-29-03-0020
Tall Grass/Noxious We&
05/17/2017
Closed
05/25/2017
EEN17-0043
15 Selchow Ave SE
06-116-29-14-0010
Tall Grass/Noxious We&
05/17/2017
Closed
05/25/2017
EEN17-0044
791 California St NW
36-117-30-06-0310
Tall Grass/Noxious We&
05/17/2017
Abated
EEN17-0045
940 North High Dr NW
36-117-30-02-0260
Tall Grass/Noxious We&
05/17/2017
Closed
05/31/2017
EEN17-0046
390 Shady Ridge Rd NW
35-117-30-16-0020
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0047
775 Milwaukee Ave SW
01-116-30-10-0220
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0048
136 6th Ave SE
06-116-29-11-0610
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0049
11 5th Ave NE
31-117-29-10-0290
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0050
405 Rose Ln NE
31-117-29-10-0820
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0051
107 5th Ave NE
31-117-29-10-0090
Tall Grass/Noxious We&
05/25/2017
Closed
06/02/2017
EEN17-0052
646 Franklin St SW
06-116-29-12-0750
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0053
538 4th Ave SW
01-116-30-08-0510
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0055
125 Oakland Ave SE
06-116-29-11-0490
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0056
805 Franklin St SW
06-116-29-11-0930
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0057
907 Dale St SW
01-116-30-14-0110
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0058
437 Linden Ave SW
06-116-29-12-1160
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0059
626 Main St S
06-116-29-11-0960
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0060
1239 Bradford St SE
07-116-29-06-0370
Tall Grass/Noxious We&
05/30/2017
Removal Notice
EEN17-0061
505 Dale St SW
01-116-30-07-0230
Tall Grass/Noxious We&
05/30/2017
Removal Notice
Hutchinson Properties Orded To Be Cleared By City
06/06/2017
Enforcement
Number Address Parcel Category Date Filed Status Date Closed
EEN17-0063 970 7th Ave NW 36-117-30-07-0800
Records: 61
Population: All Records
Enforcement. CodeOfficer = John Paulson AND
Enforcement.DateFiled Between 4/1/2017 12:00:00 AM AND 5/31/2017
11:59:59 PM
Tall Grass/Noxious We& 05/30/2017 Removal Notice
HUTCHINSON CITY COUNCIL cny�
Request for Board Action
Agenda Item: Public Arts Commission Requests
Department: Administration
LICENSE SECTION
Meeting [late: 6/13/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff Cj
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Please note that this will be an added agenda item Tuesday night.
The Public Arts Commission (PAC) would like to address the council on two items Tuesday night. The first item that
they would like to request from the council is that they would like to get approval to have staff (Marc and 1) work on a
an agreement with the Artist of the Cemetery Sculpture. This agreement would allow the artist to reproduce more of
her cemetery sculptures and sale them. The main point of the agreement would be that the City would allow this and
received a commission from the artist on the pieces that would be sold.
The second item for consideration is that the PAC would like to ask that additional public art funds be used to pay for
the remainder of the cemetery piece costs. Apparently the final grant report is due in June and this would help with
that, as well as making the final payment to the artist. I have attached a financial run-down of the PAC for your
consideration in this request.
Please note that the entire cost of the sculpture and all funding has been accounted for within the PAC Accounting
information that is attached. So basically we have covered the cost with PAC dollars already. Any future donations/
funding related to this project will come back into the PAC account. Just as a reminder, the council approved adding
$15,000 per year into the PAC fund and this fund can have a maximum carryover of $30,000.
In regards to the Cemetery Sculpture, to date, we have received $9,900 in donations and grant money with at least
another $1,000 set to come to us. The final cost for the project is $15,500 leaving a net balance of ($5,600)
BOARD ACTION REQUESTED:
Approve/Deny Requests from the PAC.
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
1�_s
Public Arts Commission Funding:
Resolution #14356 approved 11/25/2014 - That $15,000 annually budgeted from the Community
Improvement Fund budget to be utilized for public arts projects on public property within the city, as
provided by state statute and provided by City Council. Any unused money shall be carried forward
from one year to the next up to a maximum amount of $30,00 .
Annual
Year Description Amount Carryover
2014 Annual Funding $ 15,000.00
2014 Art Walk Grant 4,900.00
2014 Art Walk Costs
(10,851.76)
Remaining SMAC Grant for Cemetery Sculpture 1,000.00
$ 9,048.24
2015 Prior Year Carryover $
9,048.24
Annual Funding
15,000.00
2015 Art Walk Costs
(8,500.32)
Sculpture Purchase - Heidi Hoy (Jack)
(12,750.00)
SMAC Grant - Cemetery Sculpture 80%
4,000.00
Website upgrades
(394.95)
$ 6,402.97
2016 Prior Year Carryover $
6,402.97
Annual Funding
15,000.00
Cemetery Sculpture - private donations
100.00
Public Arts website domain
(41.97)
2016 Art Walk Costs
(8,344.51)
Safe & Sound Hosting & Upgrade Plan
(360.00)
Cemetery Sculpture - 1st 50%
(7,750.00)
1
$ 5,006.49
2017 Prior Year Carryover $
5,006.49
Annual Funding
15,000.00
Cemetery Sculpture - private donations
800.00
2017 Art Walk Costs
(6,500.00)
Ice Carving Demonstration
(500.00)
Cemetery Sculpture - 2nd 50%
(7,750.00)
6/13/2017 Balance
$ 6,056.49
Public Sites - Public Art Seed Money balance
17,517.60
TOTAL FUND AVAILABLE FOR PAC as of 6/13/2017
$ 23,574.09
Remaining SMAC Grant for Cemetery Sculpture 1,000.00
