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cp03-08-2005 cAGENDA REGULAR MEETING — HUTC14INSON CITY COUNCIL TUESDAY, MARCH 8, 2005 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 22, 2005 (b) BID OPENING MINUTES FROM MARCH 2, 2005 Action - Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2005 2. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2005 3. BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2005 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12659 — RESOLUTION FOR PURCHASE (roof replacement at wastewater treatment plant, engineering equipment and software, bag film for compost facility) 2. RESOLUTION NO. 12660 — RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. 3. ORINANCE NO. 05 -0400 — ORDINANCE REVISING SEWER RATES RELATED TO BOD SURCHARGE (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF ON -SALE INTOXICATING LIQUOR AND CLUB LICENSES FOR 2004 (d) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENTS WITH EARTHTECH FOR WASTEWATER TREATMENT FACILITY MAINTENANCEIUPGRADE PROJECTS Action — Motion to approve consent agenda 6. PUBLIC HEARINGS — 6:00 P.M. (a) 2 "O AVENUE SW FROM LAKE STREET SW TO DALE STREET SW — LETTING NO. 7, PROJECT NO. 05-09 (CONTINUED FROM FEBRUARY 8, 2005) Action — Motion to close public hearing Action — Motion to reject — Motion to approve �/. COMMUNICATIONS REQUESTS AND PETITIONS CITY COUNCIL AGENDA — MARCH 8, 2005 (a) PRESENTATION OF EDA ANNUAL REPORT — MILES SEPPELT, EDA DIRECTOR . No action. (b) DA A E BY TOM KLOSS, DIRECTOR OF INFORMATION TECHNOLOGY, ON CITY /COUNTY No action. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) UPDATE ON COSTS OF REVISED ROUTE FOR JAYCEE WATER CARNIVAL PARADE Action — (b) CONSIDERATION FOR APPROVAL OF ESTAI3LISHING COMPOST SITE LEAD EQUIPMENT OPERATOR POSITION Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF ADOPTING MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITY AT HUTCHINSON MUNICIPAL AIRPORT Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF GRANTING APPROVAL TO JOE AND CHERYL DOOLEY FOR CONSTRUCTION OF A PRIVATE CONVEN'T'IONAL HANGAR AT HUTCHINSON MUNICIPAL . AIRPORT Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF PLACEMENT OF A TEMPORARY OFFICE STRUCTURE AT HUTCHINSON MUNICIPAL AIRPORT FOR 18 MONTHS Action — Motion to reject — Motion to approve (fl CONSIDERATION FOR APPROVAL OF ACEPTING BIDS AND AWARDING CONTRACTS FOR WATER TREATMENT PLANT IMPROVEMENTS LETTING NO. 11, PROJECT NO. 05-13 BIOLOGICAL FILTRATION SYSTEM) LETTING NO, 12, PROJECT NO, 05-14 (REVERSE OSMOSIS -RO FILTRATION SYSTEM) LETTING NO. 13, PROJECT NO. 05 -15 MUNICIPAL WELL NO. 8) - LETTING NO. 14, PROJECT NO. 05 -16 WATER STORAGE RESERVOIR) Action — Motion to reject — Motion to approve (g) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH EARTHTECH FOR WATER TREATMENT PLANT IMPROVEMENTS — PHASE 3 DESIGN SERVICES Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES TO COMPLETE SEWER SERVICE CHARGE SYSTEM UPDATE Action — Motion to reject — Motion to approve . (i) CONSIDERATION FOR APPROVAL OF APPOINTING TWO COUNCIL MEMBERS TO ATTEND BOARD OF EQUALIZATION TRAINING CITY COUNCIL AGENDA — MARCH 8, 2005 Action — Motion to reject — Motion to approve . (j) CLOSED SESSION UNDER MINNESOTA STATUTE 13D, SUED. 3(C) TO DETERMINE WHETHER CITY -OWNED LAND SHOULD BE SOLD TO SOUTHWEST MINNESOTA FOUNDATION AND TO DETERMINE THE ASKING PRICE THEREIN. SAID LAND SPECIFICALLY DESCRIBED AS: That part of Lots 1, 2, 3, 4, 5, 6,7 and 8, all in Block 21, NORTH HALF OF HUTCHINSON, according to the recorded plat, and that part of the North 16.50 feet of Fourth Street (now known as Third Avenue IW) as vacated by resolution passed and adopted by the City Council of the City of Hutchinson on the 14" day of October, 1915, Ding southerly of a line drawn parallel with and 8.501eet northerly, measured at right angles, from the centerline of the main track of the former Burlington Northern Inc. as said track was located on February 12, 1991, and lying westerly of the east line of said Lot 1 and its southerly prolongation and lying easterly of the east line of the West 20.00 feet of said Lot 8 and its southerly prolongation. (k) ORDINANCE NO. 05-0401—AN ORDINANCE AUTHORIZING THE SALE OF CITY -OWNED LAND TO THE SOUTHWEST MINNESOTA FOUNDATION Action — Motion to reject — Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN r L MINUTES REGULAR MEETING -- HUTCHINSON CITY COUNCIL . TUESDAY, FEBRUARY 22, 2005 1, CALL TO ORDER — 5:30 P.M. Mayor Steve Cook ca e t e meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works 2. INVOCATION — Rev. Sam Grozdanov, Shalom Baptist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF FEBRUARY 8, 2005 (b) BID OPENING MINUTES OF FEBRUARY 18, 2005 Motion by Stotts, second by Peterson, to approve the minutes as presented. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM NOVEMBER 18, 2004 . 2. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM DECEMBER 6, 2004 3. PLANNING COMMISSION MINUTES FROM JANUARY 18, 2005 4. AIRPORT COMMISSION MINUTES FROM DECEMBER 14, 2004 5. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JANUARY 18, 2005 6. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JANUARY 2005 7. CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR JANUARY 2005 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2005 (b) RESOLUTIONS AND ORDINANCES I. RESOLUTION NO. 12644 — RESOLUTION WAIVING DATA FEES FOR MUNICIPALITIES WITHIN MCLEOD COUNTY 2. RESOLUTION NO. 12649 — RESOLUTION DELEGATING FINANCE DIRECTOR TO MAKE OFFICIAL INTENT DECLARATIONS FOR PURPOSES OF REIMBURSEMENT REGULATIONS 3. RESOLUTION NO. 12650 — RESOLUTION AUTHORIZING CITY OF HUTCHINSON MEMBERSHIP TO HUTCHINSON AREA CHAMBER OF COMMERCE 4, RESOLUTION NO. 12651 — RESOLUTION FOR PURCHASE . 5. RESOLUTION NO. 12652 — RESOLUTION ACCEPTING PLEDGED SECURITIES FROM I (�) CITY COUNCIL MINUTES — FEBRUARY 22, 2005 CITIZENS BANK & TRUST CO. . (c) PLANNING COMMISSION ITEMS CONSIDERATION OF AN AMENDMENT TO THE CONDITONAL USE PERMIT TO EXPAND THE AREA AT THE HUTCHINSON AIRPORT DESIGNATED FOR CONSTRUCTION OF PRIVATE STORAGE HANGARS AND ALSO CONDITIONAL USE PERMIT CONSIDERATION TO ALLOW POLE TYPE CONSTRUCTION OF HANGARS AND CONSIDERATION FOR APPROVAL OF REQUEST FOR A PRIVATE AIRPORT - RELATED COMPANY TO PLACE A TEMPORARY TRAILER ON AIRPORT PROPERTY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12645) 2. CONSIDERATION OF LOT SPLIT LOCATED AT 77 MCLEOD AVENUE NE SUBMITTED BY ART HAGEN, HAGEN BUILDERS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12646) (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY ON AUGUST 23, 2005, AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR 3M CLUB ON APRIL 30, 2005 (f) LETTING NO. 1, PROJECT NO. 05 01 (NORTH CENTRAL TRUNK SANITARY SEWER) — ACCEPTING BID AND AWARDING CONTRACT Motion by Peterson, second by Haugen, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS — 6:00 P.M. . (a) LETTING NO. 8, PROJECT NO. 05-10 (GOLF COURSE ROAD NW) — ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS Motion by Peterson, second by Stotts, to open public hearing. Motion carried unanimously. John Rodeberg, Director of Public Works, stated that this project has been contemplated for 12 -15 years. It is now being proposed as a municipal state aid highway. Kent Exner, City Engineer, gave a presentation on what was presented at the Neighborhood Meeting on January 31, 2005. The main project drivers include a deteriorating street with high maintenance; existing narrow, rural road design; roadway section thickness must be increased; provide alternative route to developing areas; installation of trunk sanitary sewer and watermain and a trail connection between School Road trail and Luce Line trail. Mr. Exner continued to cover the pavement, storm water and infrastructure management of the road. The proposed street improvements include completely removing the existing pavement, gravel and unsuitable subgrade materials; grade the new Golf Course Road extension; construct 32' and 44 wide roadways with bituminous surfacing, concrete curb and utter and street lighting; increase the new street section to provide a 10 -ton roadway design; install a 10' wide bituminous trail along the southerly and westerly sides of the respective roadways; and construct a roundabout intersection at the junction of Golf Course Road and 5 Avenue NW. Utilities improvements include installing an 18' PVC sanitary sewer trunk main Vithin the Golf Course Road extension; installing 8' and 12' PVC watermains within Golf Course Road/5 Avenue NW and the Golf Course Road extension; replacing existing water and sanitary sewer service lines up to the property line; and installing a storm sewer system to collect, convey and treat drainage within the roadway corridors. The City will pa for the sanitary sewer and watermain construction, street oversizing, trail installation and • street lighting. The property owner will pay for sanitary sewer and water service replacements, standard A 1 la') CITY COUNCIL MINUTES — FEBRUARY 22, 2005 residential street improvements, and drainage improvements. The total estimated project cost is $2.6 million. Mr. Exner then covered assessment information and payment options for the project. • General discussion was held regarding having the proper size of piping in for the watermains and appropriate ponding. General discussion was also held regarding roundabouts vs. four -way stops. Don Gilbertson, resident, presented before the Council. Mr. Gilbertson feels that his property would be affected adversely with the trail being 40 -feet from his front yard and some spruce trees may be effected, Mr. Gilbertson also has issues with the actual need for and the cost of the trail. He is uncomfortable with the road being lowered and his inability to construct a fence on his property. John Rodeberg explained that some of the issues of Mr. Gilbertson's can be addressed and staff will work with him. Ron Bode, Greensview Court, has concerns on how the assessments are calculated for his neighborhood, which is off of Golf Course Road. John Rodeberg explained that 100 feet of the property will be assessed, which will total approximately $350 per home. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Haugen, to order improvement and prepare plans and specifications on Letting No. 8, Project No. 05 -10. Motion carried unanimously. (b) DRIFT RIDERS PARK DEVELOPMENT PROJECT Lawrence Winter, Parks Coordinator, presented before the Council, Mr, Winter explained that this public hearing is a requirement of the grant application being submitted to the Minnesota Department of Natural Resources. Mr. Winter explained the proposed development project and the layout of the project. A picnic shelter, play areas and an overlook will be included in the project. The grant application for this project intends to be submitted this week and the City should hear back on it this summer. Mr. Winter then reviewed past grants the City has received and for which parks. They include Oddfellows Park, Tartan Park, Riverside Park, Second Avenue Shoreline, and Rotary Park. Total grant dollars received in the last four years have totaled more than $150,000. No costs will be assessed to community members on this project and the park sponsor, Drift Riders, will cover the remaining costs, along with other private donations. The project will be completed by Fall 2006. Councilmember Arndt noted that he is a member of the Drift Riders and they have already donated much time and money to get the park where it is today. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously, Motion by Arndt, second by Peterson, to approve the Drift Riders Park development project. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. 9, NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES FOR THE INDUSTRIAL PRETREATMENT PROGRAM UPDATE John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that the industrial pretreatment program has not been charged significantly since 1987, Due to a change in . regulations, staff is recommending that the program be reviewed and updated to come into compliance. �A [a) CITY COUNCIL MINUTES — FERRUARY ll, 2005 Because Hutchinson has two large industrial users, and potential other industries that need to be regulated, 4D this program does need to be updated. The costs associated with the agreement will not exceed $42,000 and was budgeted in the wastewater budget. Motion by Arndt, second by Haugen, to approve engineering services agreement with Donohue & Associates for industrial pretreatment program update. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ORDINANCE REVISING SEWER RATES RELATED TO BOD SURCHARGE (WAIVE FIRST READING OF ORDINANCE NO. 05 -0400 AND SET SECOND READING AND ADOPTION FOR MARCH 8, 2005) John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeber$ explained that these rates and calculation processes have not been updated since 1987. A large industry in the City, HTI, has expressed that these rates are much higher than other communities and have created an uncompetitive situation in Hutchinson. HTI is acceptable with the new, proposed rate of a maximum of $32/lb. It was noted that the rates are proposed to take effect on July 1, 2005, and that a complete rate study will be proposed. Motion by Arndt, second by Haugen, to approve revising sewer rates related to BOD surcharges, waiving the first reading and set second reading of Ordinance No. 05 -0400 for March 8, 2005. Mayor Cook noted that he would like further discussions to be held with HTI prior to the next Council meeting. Motion carried unanimously. (c) DISCUSSION OF PRIVATE HANGAR ISSUES AT HUTCHINSON MUNICIPAL AIRPORT John Olson, Public Works Superintendent, presented before the Council. Mr. Olson explained that a City resident, Tim Miller, requested that this item be put on tonight's agenda in relation to private hangars at the municipal airport. Mr. Miller presented before the Council. Mr. Miller explained that he had interest in building a private han gar at the airport and in July 2004, the Airport Commission granted him the authority to do so, in a specific location. Mr, Miller stated that he began to g0 out for bids for construction and was . under the impression that he had 18 months to construct a hangar. Mr. Miller continued by stating that Joe Dooley requested in December 2004 to build a hangar as well. Because Mr. Dooley turned in his building permit paperwork before Mr. Miller, he was granted the "first spot" available to construct a hangar. Mr. Miller stated that he has contacted a lawyer regarding this issue and his lawyer is recommending that the Council either approve the property for Mr. Miller or to table this item until it can be researched further. Julie Wischnack, Director of Planning/Zoning/Building, explained that the Planning Commission approved a conditional use permit for an entire row at the airport and not an individual conditional use permit for Mr. Miller and Mr. Dooley. Marc Sebora, City Attorney, stated that his recollection was that a lease would need to be entered into before a hangar could be constructed. This lease also needs to be approved by the City Council. Mr. Sebora stated that since a lease has not been drafted yet, he does not feel that there is an issue to decide tonight. Motion by Stotts, second by Arndt, to withhold formal action on this issue until a formal lease is agreed upon by the parties. Motion carried unanimously. John Olson explained that a couple of years ago, Joe Dooley, had proposed constructing a commercial grade hangar, but due to personal reasons, withdrew his request. (d) CONSIDERATION OF DOWNTOWN STREETSCAPE PROPOSAL Mayor Cook clarified that this alternative proposal is his and not City staff s. Mayor Cook stated that his alternative proposal to the plan that was adopted at the last Council meeting is to replace the existing lights with the new style lights and refurbish the traffic signal poles. In the future when Main Street is reconstructed, then the sidewalks can be replaced, the fifth light per block can be added and other associated • work can be completed. Mayor Cook feels that this alternative proposal would address the most pressing 4 y(a) CITY COUNCIL MINUTES — FEBRUARY 22, 2005 lighting needs, would be less costly and have less assessments on downtown property owners, Mayor Cook also cited several other advantages of this proposal. Mayor Cook asked if the Council would like to seek bids on this proposal and compare costs to the plan that was approved at the last meeting. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the current wiring is 36 years old and there is concern on how much longer it will adequately last. Mr. Seppelt also expressed that it is unknown whether or not the lighting level will actually be increased with the alternative proposal. The consultants on the project informed Mr. Seppelt that there is a 50/50 chance that the sidewalk will need to be ripped up even with the alternative proposal. Mayor Cook stated that Hutchinson Utilities Commission should be able to answer capacity questions rather quickly. Mayor Cook noted that he is not requesting that this alternative proposal replace the plan that was approved, but just compared to the approved plan. Councilmember Arndt stated that at the last Council meeting, the Council approved moving forward with the project in order to obtain more concrete assessment numbers. Matt McMillan, Hutchinson Leader, presented before the Council. Mr. McMillan stated that the second Dpurpose of the improved streetlights and sidewalks is to revitalize downtown, On behalf of the Hutchinson owntown Association he requested that the Council proceed with the plan as approved at the last Council meeting. Mayor Cook noted that he feels the Council should have the opportunity to meet as a public body on this specific project. Councilmember Stotts stated that he feels this alternative proposal should be considered. John Rodeberg explained the bidding process. The Council members discussed various options, but noted that delaying the project or preparing a second option has other costs. A new feasibility report would be needed in order to consider this alternative option, and this would take a month to prepare and cost approximately $20,000. Councilmember Stotts stated that while the Mayor's proposal had merit, it was probably just too late in the process to go back and consider other options, John Rodeberg noted that a meeting was going to be held Thursday to discuss the scope of the project and review options to reduce costs. No action was taken. (e) CONSIDERATION FOR APPROVAL OF ESTABLISHING MONTHLY COUNCIL WORKSHOP MEETING Gary Plotz discussed the background of the identified need for a more formal workshop time. A suggestion was made to look at meeting the first Tuesday of the month. Council members discussed a desire to meet in coordination with a regular Council meeting, instead of on a separate day. Discussion focused on setting the time to 3:30 p,m. prior to the regular meeting on the second Tuesday of the month. The Council Members discussed pros and cons of various start times. Motion by Peterson, second by Arndt, to approve establishing monthly Council workshop meetings for 3:30 p.m. prior to the regular meeting on the second Tuesday of the month. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING BOARD OF EQUALIZATION MEETING FOR MAY 19, 2005 AT 4:30 P.M. Motion by Peterson, second by Stotts, to approve setting Board of Equalization meeting for May 19, 2005, at 4:30 p.m. Motion carried unanimously. 10. MISCELLANEOUS L\C�) CITY COUNCIL MINUTES —FEBRUARY 22, 2005 (a) COMMUNICATIONS . John Rodeberg explained the need for the emergency generator project. The project includes the rehab and installation of the former Hospital generator at the Police Department/EOC, and the relocation of the police generator to the Recreation Center (which acts as the emergency congregate care facility). A motion was made by Haugen, seconded by Arndt, to approve plans and specifications for emergency generator and advertise for bids. Motion carried unanimously. • Jim Haugen -- Councilmember Haugen requested that each item in the Council packet note the author of the item so that it is clear who is claiming ownership of the item. Bill Arndt — Councilmember Arndt thanked the Fire Department for their Annual Report, and the positive impact on relations with the townships. Gary Plotz — City Administrator Plotz noted a Hospital Privatization Study Committee had been set for March 7h at 5:00 p.m. It was noted that there was a conflict with the Council Chambers. Motion by Stotts, second by Haugen, to set the meeting at 5:00 p.m. at the Emergency Operations Center. Motion carried unanimously. Steve Cook — Mayor Cook noted that there are openings coming up on Boards and Commissions, and recommended that interested people fill out an application. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Peterson, to approve claims, appropriations, and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 8:00 p.m. ri L�� LOS BID OPENING LETTING NO. 11 1PROJECT NO. 05 -13 BIOLOGICAL FILTRATION SYSTEM 03/02/2005 at 11:00 am Present: Gary Plotz, City Administrator, Kent Exner, City Engineer Dick Nagy, Water Systems Supervisor Scott Young, Earth Tech John Berrigan, Earth Tech The Bid Opening was called to order at 11:02 a.m. by Gary D. Plotz_ The reading of the Advertisement for Bids was waived and the following bid was opened and read aloud: Infilco Degremont $1,273,725.00 8007 Discovery Dr Richmond VA 23229 -8605 Closed: 11:07 am BID OPENING LETTING NO. 11 /PROJECT NO. 05-13 BIOLOGICAL FILTRATION SYSTEM 03/02/2005 at 3:00 pm Marc A. Sebora, City Attorney, stated that at 10:06 a.m., a second bid was received by city staff in reference to Letting No. 11, Project No. 05 -13. The envelope was marked "Bid Enclosed" and referenced Letting No. 11, Project No. 05 -13. Due to internal staff miscommunication, it was not routed to appropriate personnel for the 11:00 am bid opening. Mr. Sebora stated that since this bid was submitted to the City prior to the bid opening deadline, it is appropriate that it is opened now. Present: Gary Plotz, City Administrator, Kent Exner, City Engineer Dick Nagy, Water Systems Supervisor Scott Young, Earth Tech John Berrigan, Earth Tech The Bid Opening was called to order at 3:02 p.m. by Gary D. Plotz. The reading of the Advertisement for Bids was waived and the following bid was opened and read aloud: US Filter $937,467.00 600 Arrasmith Trail Ames, IA 50010 Closed: 3:07 pm 41b� BID OPENING • LETTING NO. 12 1PROJECT NO. 05-14 REVERSE OSMOSIS SYSTEM 0310212005 at 1:00.pm Present: Gary Plotz, City Administrator, Kent Exner, City Engineer Dick Nagy, Water Systems Supervisor Scott Young, Earth Tech John Berrigan, Earth Tech The Bid Opening was called to order at 1:04 p.m. by Gary D. Plotz. The reading of the Advertisement for Bids was waived. and the following bids were opened and read aloud: AES Inc. Lump Sum: $921,563.00 (includes sales tax) 9001 Brittany Way Alternate 1: $237,153.00 (includes sales tax) Tampa, FL 33619 Alternate 2a: $361,943.00 (includes sales tax) GE Osmonics Lump Sum: $1,054,350.00 (includes sales tax) 5951 Clearwater Drive Alternate 1: $246,015.00 (includes sales tax) Minnetonka, MN 55343 Alternate 2a: $456,096.90 (includes sales tax) • Closed: 1:10 pm 11 q «) BID OPENING . LETTING NO. 13/PROJECT NO. 05-15 MUNICIPAL WELL NO.8 03/02/2005 at 2:00 pm 0 • Present: Gary Plotz, City Administrator, Kent Exner, City Engineer Dick Nagy, Water Systems Supervisor Scott Young, Earth Tech John Berrigan, Earth Tech The Bid Opening was called to order at 2 :00 p.m, by Gary D. Plotz. The reading of the Advertisement for Bids was waived and the following bid was opened and read aloud: Ervin Well Co. $149,643.00 1312 West DePue Ave. Olivia, MN 56277 LTP Enterprises Inc. $114,405.00 500 36" St. S PO Box 9035 Fargo, ND 58103 Thein Well Company $157,770.00 11355 Hwy 71 NE PO Box 778 Spicer, MN 56288 Traut Wells $136,705.00 141 28`h Ave. S Waite Park, MN 56387 Closed: 2:06 pm BUD) BID OPENING LETTING NO. 14IPROJECT NO. 05 -16 WATER STORAGE RESERVOIR 03/02/2005 at 10:00 am Present: Gary Plotz, City Administrator, Kent Exner, City Engineer Dick Nagy, Water Systems Supervisor Scott Young, Earth Tech John Berrigan, Earth Tech The Bid Opening was called to order at 10:04 a.m. by Gary D. Plotz. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Natgun Corporation $1,427,700,0 11 Teal Rd Wakefiled MA 01880 -1292 Preload Inc $1,512,970.00 60 Commerce Dr Hauppauge NY 11788 0 Closed: 10:10 am • y Lam) r L Memo 75: Mayor and City Council Members From: Brad Emans, Fire Chief Date: 3/01/05 Re: Monthly Update on Activities of the Fire Department The fire department responded to 15 general alarms in the month of January. Example of a few of the calls: 1. We responded to an alarm at Creek Side composting, upon arrival we found that a candle had been left burning on a desk after hours and had set off the alarm, 2. We responded to a residential basement fire on Northwood's Avenue, the fire was contained to" water heater and the house received only minor smoke damage. 3. We responded to a commercial structure fire on Major Avenue, the building was a converted barn and was considered a total loss. 4. We responded to Cashwise Foods where we found the store filled with smoke, the smoke had banked down to the 8 foot level. The fire was contained to the furnace area and the store received only minor smoke damage. This Is the breakdown of the calls for the month: City: Residential 1 CommerciaVlndustrial 4 Mu1G- family 2 Carbon Monoxide 3 Hazardous Material 2 Medical 3 Rural: Rescue 4 Medical 2 Vehicle 1 Commercial/industrial 1 Drills / Meetings ! Other Information • We conducted our annual meeting with the retired firefighters. • We completed a class on legal requirements, for fire investigations, the class was sponsored by the . State Fire Marshal's Office -5 (C�)ti 0 • We conducted a pre-decontamination training exercise. • We held our annual meeting with the various town boards and small dhes in an effort to establish the 2005 rural budget. • We conducted a "May Day" drill. A May Pay drill is designed to practice correct procedure in case a firefighter becomes trapped, gets lost, or runs out of air. Fire Prevention / Public Relations 1. We conducted a tour of the fire station and instructed 25 young people from Maplewood Academy on proper fire prevention. 2. We gave a presentation to the American legion Ladies Aux, on the activities of the department in 2004. • Page 2 5 (aj ) 1• 1� s - } w is z� } :h f as 1= i • E SHEET JAFA 31, 2005 ■ ■ x `i ASSETS UTIL.I_'LY MANL LARD b LARD RIGHTS 1,990,423.25 99792 DEPRECIABLE UTILITY PLANT ,,971.22 70TAL PLANT 100, 783 X394.47 LESS ACCUMULATED DEPRECIATION TOTAL ACCUtg ATED DEPRECIATION (28,974,820.17) CONSTRUCTION IN PROGRESS 2,689,883.29 TOTAL CONSTRUCTION iN PROGRESS __ 2689 983.29 TOTAL UTILITY PLANT DEPREC VALUE 74,498,457.59 RESTRICTED U FNDS d. ACCOUNTS 742,772.46 FUTURE EXPANSION A DEVELOPMENT _ 100, 0_00.00 MEDICAL INSURANCE SU BOND & INTEREST PAYMENT 2003 382,380.11 TOTAL RESTRICTED FUNDS 6 ACCOUNTS 5,225,072.87 CURRENT 6 ACCRUED ASSETS i,7i5,969.7i CASE! IN BANK 3,600,221.27 -- ' - - - --- ACCOUNTS RECEIVABLE 1.337,046.22 INVENTaRIEB PREPAID INSURANCE 37,079.27 � 37,126.39 " -- CLEARIN�L ACCOUNT __ _ --- ._ ---- 74,200.80 - - - SALES TAX RECEIVABLE 6,868,643.66 TOTAL CURRENT h ACCRUED ASSETS 623,936.40 BOND DISCOUNT 2003 - -- TOTAL DEFERRED CHARGE ------- .___ -- TOTAL ASSETS 40 83,216,SiO.22 1 0 BA60CE SHEET JANW 31, 2005 TOTAL MUNICIPAL EQUITY & LIABILITIES _NNICIPAL, EQUITY MUNICIPAL EQUITY (42,223.2iY UNAPPROPRIATED RETAINED EARNINGS 49,714,014.72 TOTAL -MINIC IPAL EQUITY LUNG TERM LIABILITIES-MET OF ACCRUED SEVERANCE C US 74,175.00 TOKER DEPOSITS 39 075. OTHER CURRENT & ACCRUED LIABILITIES 88,075.39 TOTAL CURRENT & ACCRUED --LPA-9-- TOTAL MUNICIPAL EQUITY & LIAB 83,216,110.22 ----- ----- 2003 BONDS 29,750,OOG.00 TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS & ACCTS PAY RETAIN 107,671.74 ACCRUED ExPENSES - RETAINAGE iG7,67i.74 -TOTAL CONSTRUCTION ON & ACCTS PAY CURRENT & ACCRUED LIABILITIES 2,900 992 38 ACCOUNTS PAYAB LE _pA 197,340.e9. INTEREST ACCRUED 8i,1i2.50 ACCTS PAYABLE TO CITY OF HUTCHINSON L913,06t.95 n. ---.---qQqRUED VACATION PAYABLE 69,714.76 ACCRUED MEDICAL FUND 4,336.197 ACCRUED REC PAYMENT 30 614 Q2 ACCRUED SEVERANCE C US 74,175.00 TOKER DEPOSITS 39 075. OTHER CURRENT & ACCRUED LIABILITIES 88,075.39 TOTAL CURRENT & ACCRUED --LPA-9-- TOTAL MUNICIPAL EQUITY & LIAB 83,216,110.22 ----- ----- 5'fATEMENT�COME & EXPENSES 31, 2005 YEAR TO DATE YEAR TO DATE r�L - - .BUDGETED ... -_ _ BUDGET_ _ - - ANNUAL___ YEAR TO DATE DEVIATION BUDGET NON - OPERATING INCOME 1.32) (174,503.24) 11-69, 3L (2,032,545.63: I =: NET INCOME _ - - -_ -_ (32,389.02) [42,223.21) 39,182.01 501,405.22)__ - 470,372.21 J = INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 1,802,109.36 i,877,78i,39 1,739,997.72 537,783.67 20,888,328.00 SALES FOR RESALE 520.00 270.00 41,650.00 (41,360_00) 500,000.00 NET INCOME FROM OTHER SOURC>=811,_973.28 _.__ 13�367.Si ._ - ____,1,4,_474.98_ - __- _2892.£_3- 125,750.00 SECURITY LIGHTS 923.00 902_00 999.60 (97.60) 12,000.00 1 POLE RENTAL 968.25 933_25 166.60 766.65 2,000.00 SALES - GAS -__ _ ._ 1,470,516.58 _____1.,51-5 942.95 874,650.01 -. - -_ 641..,292.94 i0,500,000.00 _ _.. NEW ULM TRANSPORTA'f ION .DO 55,232.07 52,479.00 2,753.07 630,000_00 TOTAL OPERATING REVENUE 3,287,010.49 3,464,428.77 2,72G,417.9i 744,010.86 32,658,078.00 OPERATING EXPENSES PRODUCTION OPERATION 58,042.07 235,416.37 170,059.92 (65,358.45) 2,041,535.70 P. RODUCIION- MASNTENAi' 12.372. g4__- . - -._ -- -�, 069,43_ -_ -_ _ _. �7.17 34 _ - - 409,.242.84 PURCHASED POWER 1,226,625.30 L,ii6,395_i2 991,229.60 C125,i65.52) ii,899,5i5.00 �'•� OTHER POWER SUPPLY 15,588.47 39,BB7.21 42,376.96 2,489.75 508,727.00 TRAN0.t4J58ION- O.PERRTID- K-_ _ . _- _______- _._ -_..- 9.59_00 83•'x- ' 83.30- _. .- 1,000.00 -. " - -- -.. TRANSMISSION MAINTENANCE .00 85.04 999.60 914.56 12, 0013.00 ELECTRIC DISTRIBUTION OPERATION 14,954.42 17,473.30 35,685.07 14,211.77 380,373.00 "� _._EL.EG_iRIC�IS7R IB�T .Oti_1'�1JiS_TE9C!!G_E_- _,__ -. 31633.04 _ V5 23i.4i 870.30 _ _ _ 582, 850.00 PURCHASED GAS EXPENSE 1,334,959.27 1,437,555.71 71?,2L3.00 (720,342.71) 8,610,000.00 =? GAS TRANSMISSION) OPERATION 727.64 7,303.76 7,868.51 584.75 94,700.00 (;AS- 'RAN3MISSION MAINTENANCE _ __ SSL.53 180.60 _ 2 >4L5.70 2,235_10___.._ 29,000.00 GAS DISTRIBUTION OPERATIONi 17,071.07 19,651.08 27,593.30 7,442.22 331,252.00 IF GAS DISTRIBUTION'} MAINTENANCE 2,746.53 7,375.27 7,90L.0i 525.74 94,850.00 ACCLpJNTINE & CALi.ECrl Ohfff 18.279 -_ 20.906.92 _ .2.66 3,248.74 _ _ _ _SU"iTO SALES EXPENSE .00 2,6i3.i2 i6,176.86 13,563.74 194,2204.00 ADMINISTRATIVE & GENERAL EXPENSES 159,987.59 160,536,35 174,302.26 13,765.91 2,092,464.00 - �1F8ECIRI�ON� -_ _ 266 674 00 246,033.19 248 522.77 _ 2.489.58 2,.993, 466.62 u` TOTAL OPERATING EXPENSES 3,136,048.19 3,332,14874 2,513;924.66- (820,223.88) 30,155,160.16 __ClP£RA7 Iii( 7M� _ -_�- -- 150, 962.3@ 132,280.03 208, 493.03 _ C 76, 233.421 _ _ -_ 2.302_917.84 -- OTHER INCOME OTHER - �L - - - - -- - 451.60 4,260.09 3,748.51 512.38 45,000.00 --- -- INTEREST INCOME 5,254.15 4,496.40 5,831.06. (1,334.60) 70,000.00 i? MISC INCOME - .00 332.46 416.50 584.04) 5,000.00 5,705.75 9, 084.75 91996.01 ( 906.26) 1 OTHER EXPENSES MISC EXPENSES 2. 877.80 4,22A.22 8.33 (4,217.89) _ 100.00 _ _ INTEREST EXPENSE i08,929.27 98,254.27 98,214.92 (39.351 1.179.050.63 �• TOTAL EITHER EXPENSES 111,807.07 102,480.49 98,223.25 (4,257.24) - i,179,L50.63 - - -- ----CONTRIBUTION - TO CITY 77,250.00 61,112.50 81,083.80 828_70) 973.395.00 I TOTAL CONTRIBUTION TO CITY - 77,250.00 81.112.50 Bi,083.60 (28.70) 973,395,00 NON - OPERATING INCOME 1.32) (174,503.24) 11-69, 3L (2,032,545.63: I =: NET INCOME _ - - -_ -_ (32,389.02) [42,223.21) 39,182.01 501,405.22)__ - 470,372.21 J = Building Permits by Type For the Month of February, 2005 Number of Inspections for the month = 192 Number of Plumbing Permits for the month = 17 RESOLUTION NO. 12659 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Roof replacement $38,992 Maintenance WWTP Yes Kandi Roofing Co GIS Trimble equipment & software $25,296 Upgrade Engineer Yes Frontier Precision Inc Bag Film $19,346 Resale of Bag Product Compost Yes Super Group Packaging & Distr. following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: March 8, 2005 Motion Made By: *Seconded By: Resolution submitted for Council action by: Kenneth B. Merrill Finance Director RESOLUTION NO. 12660 ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. WHEREAS, Citizens Bank & Trust Co, Hutchinson a city depository, has requested the following security be added under the collateral agreement with the City of Hutchinson: FM note. 12 -15 -2006 cusip 3134A4CR3 $1,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the security effective February 24, 2005. Adopted by the City Council. this 8th day of March 2005. ATTEST: Gary D. Plotz City Administrator 0 Steven W. Coo Mayor Ordinance No. 05 -0400 Publication No. SECTION 53.103 SERVICE CHARGES; USER CATEGORIES (C) Category B sewer services charges (1) The charge for BOD in mg /l in the wastewater above 200 mg /l, based on the total pounds of BOD, shall be revised from $0.43 per pound to $0.32 per pound. (2) The charge noted shall be effective July 1, 2005. Adopted by the City Council this 8 °i day of March, 2005. Attest: . Gary D. Plotz, City Administrator u Steven W. Cook, Mayor To: Mayor and Council From: Melissa Starke Date: March 3, 2005 Subject: On -Sale Liquor Licenses /Club Liquor Licenses The following establishments have applied for 2005 liquor licenses. The appropriate paperwork has been submitted and investigations of the premises have been conducted by the Fire Department. Please approve the following licenses: On -Sale Intoxicating Liquor License Gold Coin Flyers/Hi Tops Bar & Grill Lamplighter Lounge II Best Western Victorian Inn Club On -Sale Intoxicating Liquor License American Legion Post 96 Crow River Golf Club Elks Lodge VFW Post 906 N 0 0 r� �J E M Hutchinson City Center Ill Hassan shell SE Hutchln , MN 55350-2522 320.587.5151/Fax 320-2344240 00 R A N D 1..J M. TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works Randy DeVries, Director of Water/Wastewater Operations RE: Consideration of Engineering Services Agreements with EarthTech for Wastewater Treatment Facility Maintenance/Upgrade Projects DATE: March 3, 2005 Attached are three agreements related to budgeted maintenance and facility upgrade items in the Capital Improvement Plan at the Wastewater Treatment Facility (WWTF). The work includes: 1. Belt Filter Press Control Panel Upgrade ($9,600) 2. Clarifier Equipment Replacement ($24,800) 3. Building 20 Bar Screen Upgrade ($7,750) All three items are included in the 2005 Wastewater CIP, and we recommend approval of all three agreements. Primed M r�yded paper - -5( (4) WEarthTech . ATM Iffunw'wnal W. C Pny February 28, 2005 Randy DeVries, Director Water & Wastewater Operations City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 Subject: Engineering Services Proposal WWTF Belt Filter Press Control Panel Upgrade Dear Mr. DeVries: 3033 Campus Drive F 763.551.1001 Suite 290 F 763.551.2499 Minneapolis, MN 55441 w .earthtech.com This letter provides a proposal for engineering services related to the replacement of the belt filter press control panels at the wastewater treatment facility (WWTF). Project Description The City of Hutchinson plans to replace the control panels (2) for the belt filter presses located at . S the WWTF. These panels provide power and control signals for the operation of the belt filter presses, coordinate operations with the sludge dryer and provide supervisory signals to the main control panel at the WWTF Administration Building (Building 10). An equipment vendor provided the City with a proposed specification for the control panels, including system operation, sequence of operation, select materials specifications and general project considerations. Under this proposal, the City of Hutchinson will provide the power and control wiring using a licensed electrician. Prior to implementing the replacement of the panels, the design parameters of the equipment should be evaluated relative to the design and desired operating conditions, other suggested equipment revisions and potential impacts to other systems. The following Scope of Services addresses these issues. Scope of Services Earth Tech, Inc. proposes the following work to assist the City with the replacement of the belt filter press control panels: Review existing functional operation of dewatering and drying systems with staff and compare to proposed system operation and sequence of operation. Review proposed system specification for compatibility with control systems used by the City in recent projects and proposed for future projects. 9 3. Evaluate the proposed materials specifications and suggest revisions to City staff. 5 (a) l J 0 EarthTech ATIm lolamatiaml Ltd, Cum Pm Belt Filter Press Control Panel Proposal February 28, 2005 Page 2 of 2 4. Update proposed specifications based on City feedback. 5. Assist the City in soliciting quotations for the replacement control panels. 6. Review shop drawings, as provided by the selected equipment vendor, provide comments to City staff and recommend action items, as appropriate. 7. Conduct three (3) site visits at key points during the installation process. Earth Tech will complete these services for a lump sum cost of $9,600. The updated specifications can be completed within 45 calendar days of authorization to proceed. We trust this proposal meets the needs of the City. If acceptable, receipt of a purchase order will serve as authorization to proceed. If you have any questions, please contact our office. Scott L. Young, P. Manager L1 11Mery48claLrreeWehxl�lleme ,Hvlrignpmloall FIRar Pre%Pw Propn,al 200EL226cks ,-51da EarthTech A Tyco W matimsi lid. Gmppm February 28, 2005 Randy DeVries, Director Water & Wastewater Operations City of Hutchinson 111 Hassan Street South East Hutchinson, MN 55350 -2522 Subject: Engineering Services Proposal WWTF Clarifier Equipment Replacement Dear Mr. DeVries: 3033 Campus Drive F 763.551.1001 Suite 290 F 763.551.2499 Minneapolis, MN 55441 v -earthtech.com This letter provides a proposal to provide engineering services related to the replacement of the clarifier mechanisms and drives, including rehabilitation of the fiberglass covers. Project Description The final clarifiers at the wastewater treatment facility (WWTF) were installed in 1987 -88, when the facility was originally constructed. The mechanisms and drives are over 15 years old, which is the normal service life for this type of equipment. The City has received a proposal from an equipment vendor to replace the clarifier equipment, including options to rehabilitate the fiberglass covers, which must be removed to replace the equipment. The quotation includes detail about the equipment to be replaced, but does not include technical specifications for electrical materials, cover rehabilitation, concrete structure rehabilitation and select materials of equipment components. The quotation also includes terms and conditions, including payment terms, which should be incorporated into bid documents. Prior to implementing the replacement of equipment in the clarifiers, the vendor - supplied quotation should be revised to meet the City's requirements. While the quotation provides technical details about the clarifier mechanism and associated equipment, several items are not detailed and should be included in the project specifications. Further, because of the estimated cost of the project, which may exceed $400,000, the City will need to bid the replacement of this equipment, which requires bidding documents. The following Scope of Services addresses these issues and provides support during bidding and construction. Scope of Services Earth Tech, Inc. proposes the following work to assist the City of Hutchinson with the replacement of clarifier mechanisms and drives, cover rehabilitation and construction engineering: 5 k) I- I. I • EarthTech KIM Intemetkul ltd. Company Design Services Clarifier Equipment Replacement Proposal February 28, 2005 Page 2 a. Review vendor - supplied specifications/quotation for: i. Conformance to WWTF design conditions ii. Compatibility with existing equipment iii. Electrical/control revisions Iv. Structural revisions v. Payment terms and conditions b. Prepare technical specifications for- i. Electrical Materials ii. Fiberglass Cover Rehabilitation iii. Concrete Rehabilitation c. Prepare Bidding Documents d. Update costs 2. Construction Engineering Services a. Bidding Support L Coordinate advertising & document distribution ii. Respond to plan holder questions lii. Prepare bid recommendation b. Construction Administration I. Payments processing ii. Shop drawing reviews iii. On -site observation iv. Project close -out The Design Services are based on using the technical description of the vendor - supplied proposal/quotation with minor revisions. New technical specifications will not be developed for these materials, except as noted above. The Bidding Documents will include abbreviated front - end documents suitable for bidding this type of work and based upon the terms and conditions of the vendor - supplied proposal, with some modifications. The Construction Engineering Services are based on the City placing the advertisements and distributing Bidding Documents. The overall construction period is anticipated to be 6 calendar months. On -site observation includes four (4) site visits at key times throughout the project. 11 0 EarthTech ATmMmUml ltd, Comp m Cost and Schedule Clarifier Equipment Replacement Proposal February 28, 2005 Page 3 Earth Tech will complete these services for a lump sum cost of $24,800, including: 1. Design Services $13,400 2. Construction Engineering Services $11,400 Bidding documents can be prepared within 60 days of authorization to proceed. Based on a 30 day period for advertising and bidding the project, project award by June 14, 2005 is possible. With a 16 -20 week shop drawing /fabrication schedule, construction could begin in October. Earth Tech will attempt to expedite this schedule, with the cooperation of the equipment vendor and the City of Hutchinson. We trust this proposal meets the needs of the City. If acceptable, receipt of a purchase order will serve as authorization to proceed. If you have any questions, please contact our office. L Fepla . �M PMPnsnl 200UM Mn 5cd) @) EarthTech . T� imm.w..i ua. c.mww February 28, 2005 Randy DeVries, Director Water & Wastewater Operations City of Hutchinson 111 Hassan Street South East Hutchinson, MN 55350 -2522 Subject: Engineering Services Proposal WWTF Bldg 20 Bar Screen Upgrade Dear Mr. DeVries: 3033 Campus Drive F 763.551.1001 Suite 290 F 763.551.2499 Minneapolis, MN 55441 www.eerthtech.wm This letter provides a proposal to conduct preliminary engineering design services to replace and upgrade the bar screens and associated equipment at Building 20, the raw wastewater pumping station. Project Description The main raw wastewater pumping station, known as Building 20, was constructed as part of the wastewater treatment facility (WWTF) improvements in 1987 -88. Within Building 20, wastewater is screened to remove large solids and then pumped to the headworks building (Building 30) at the WWTF. Within Building 30, wastewater is again screened, this time to remove fine solids and then flows by gravity to the oxidation ditches for biological treatment. The bar screens at Building 20 have a service life of 15 years, which is typical for equipment of this type in a corrosive environment. Maintenance of the bar screens has increased dramatically over the last few years, providing confirmation that the service life has been reached. Therefore, the City wants to replace the existing bar screens. The existing bar screen system was designed to remove large solids, which primarily protects the pumps in Building 20, but also reduces the loading to the fine screens in Building 30. With replacement of the bar screens, the City would like to reduce the bar spacing to 0.25 inches, which will further reduce the loading to the fine screens in Building 30 and, possibly, reduce odors emanating from Building 30. This revision to the bar screen system modifies the WWTF design parameters and may increase the generation of odors at Building 20. The City has received a proposal from an equipment vendor to replace the existing bar screen system with new equipment, including: 51A� CJ 0 Building 20 Bar Screen Proposal February 28, 2005 EarthTech Page 2 of 3 ATm h Wend l UE. Cano.q Two automatic bar screens with 0.25 inch bar spacing. 2. Two screw conveyors to transport screenings to the surface. 3. Screenings washer to reduce odors. 4. Associated control equipment Prior to implementing the replacement and upgrade of the bar screen system at Building 20, the design parameters of the equipment should be evaluated relative to the WWTF design conditions, regulatory requirements, other required building revisions and potential impacts to other systems. The following Scope of Services addresses these issues. Scope of Services Earth Tech, Inc. proposes the following work to evaluate the potential upgrade of bar screens at Building 20: 1. Review existing and available operational data, record building plans and proposed bar screen system to evaluate existing and proposed conditions for an upgrade to the bar screens. This evaluation will be based on the current 13 mgd design flow for Building 20. 2. Evaluate potential solids loadings and hydraulic properties of the proposed upgrade and compare to design conditions. Recommend up to two (2) alternatives, if appropriate. 3. Evaluate the need for structural modifications to Building 20 in order to accommodate the upgrade of the proposed bar screen system, based on record building plans. 4. Conduct a Site Evaluation to confirm conditions at Building 20, verify preliminary estimates for modifications to the building and address construction staging /sequencing issues. A process and structural engineer will participate in the Site Evaluation. 5. Prepare a Conceptual Design Memorandum, summarizing the findings and forwarding a recommendation for replacing and upgrading the bar screen system at Building 20. Earth Tech will complete these services for a lump sum cost of $7,750. The Conceptual Design Memorandum can be completed within 45 calendar days of authorization to proceed. 11 r 0 ® EarthTech Up InWmltWal Ltd.Ompem eullding 20 Bar Screen Proposal February 28, 2005 Page 3 of 3 We trust this proposal meets the needs of the City. If acceptable, receipt of a purchase order will serve as authorization to proceed. If you have any questions, please contact our off lee, Sincere , r � tt L. You Manager I 20 Bor 5rrear Pmp< al 20050228 doe '5 4 March 8, 2005 Hutchinson City Council: • RE: 2ud Ave. S.W. road construction from Dale St. to Lake St. In speaking with the residents of the portion of 2 "d Ave S.W., the majority of the residents feel the assessments are too high. Reconstruction assessments of $8,000 to $10,730 directed most of the residents to option "D" as understood to be a 4 inch surfacing removal and 4 inch bituminous paving. Even with just the repaving, the costs of assessments are from $1925 to near $3000. Some of the residents indicated they would be in favor of a total reconstruction if the assessments were less. Some suggestions included: 1. Fund more of the project through bonding and pass less on as assessments. 2. Fund the sanitary sewer and water service replacement through their respective funds, so there is no additional $2500 assessment. 3. Fund a portion of the street with detour funds From the State Highway 7 closure. Although it was discussed 2°d Avenue is not "identified" as the official detour route, the neighborhood feels half of the 13,000 vehicles on Main Street will be going by their house. The residents feel the urgency of this project is due to the Highway 7 and Main Street bridge closure, yet the 2"4 Ave Project is not eligible for detour {funds. 4. Although it is appreciated the 10 year term of paying for the assessments, 1 % percent above prime which comes to a 7% or 8% interest rate is not perceived as a . "good deal ". 5. Some residents would like to do neither option C or D, and would like to wait until the city has time to reevaluate its assessment policy. If that were an option, and the city did adjust its assessment policy, the neighborhood may be in favor of a complete reconstruction. The neighborhood does not want the streets ol'Hutchinson to fall to pieces and would like to see structurally good streets for its residents as well as its visitors. We do appreciate the time the City has spent with us and its suggestions provided to us. As the question was asked of John Rodeberg, "What would you do, if you lived on this street", to which John replied, "1'd take the chance and go with the resurfacing ". The neighborhood has taken the advice of City staff and the results of the survey are 17 for the resurfacing and 2 for the reconstruction. Some residents were not home when the survey was distributed, but copies of the Survey and the Estimated Assessment, as provided by the City, were left at those homes. Attached is a copy of the survey as well as a petition. Thank you. • The Neighborhood of 2°d Ave. S.W. (Project 05 -09) to (C�) ■ 9 _.._ Notes: 1. apdon C - 1. aptlon a Pays l ar9 Letting No. 7112rojeat No. 0549 (2nd Avenue SW from Lake St. to Dole St.) Property Owner Sum" March 1. 2006 Prsjsd consists of camplais ake I rsmlruuGlon and uft Ingxomnents kwWinO pFK%O wetar end sanitary sewer mervion ate. Aeseetlrnents would he allocakd betel on dre'$lenOAld Lot Approach' (saerMM io de oWW par 7a• sWd@M kd wddt + 340IFF In and 70' width + 32,270 tt r ssrvkx mpbosonents). The soi t dod ih expeolsmy of No option h AO to 00 yasra. Project consleto of ony rsplpdn0 doe exhale suset surMce. AaaaWnnla weuld be a&ocated dared on an es&naOw $27.70 per aunt loot aecaM to the S"IlL The ad icosood ah expeftn y at this option Is 10 to 20 years. v ecas�r¢ PROPO WN oYYNCtI I W OMM ION cFWN c oprlotl O NO E Addrwe No, FA*t trams WoperglOwrrr Name Frshxsd .. CMok Bolow IrslwrN Cheek ealw .ColmmNto looi venue SW &Crol Dow= Oro -ALa aa3 2nd Avenue SmL I "a 2nd AVOWS SW ahuraen E Hankad U "g 2rd A SW arkaA& dale Hank �,e .wwy!•'.f, YYW'�N+ ♦A1. 6J(J 'yaf�'•k'^r' +'i�b.'..nrt 693 1 2PA AVOW OW Ddo & Noncy Radooloa I I n .. 90 2Ad vear SW Mstlhew 0 MoMb n �y'y't•13r1'7C.V'r3• �P�. C1�, K eau,I 016 SYV Chrlift H Chdnmw r J ZG2a nom- h� shot# id Ik. ior� ' n I f N'r 0snrkeAm RexssirrM 4nJy � 840 M AVOWS ardr■ZWiamawr / Cer pant AT 4 Aaw &,reL }� 4W, C.VnAP&C- en Ckers�s d %2_h "v" /O Tin A A, 1)eg W Avenue 1 J t.� "�� ' � UR %ffu dv! %✓ IPBJJ' �' � �jis Jti!rx7oec9t °J i O E • of Letting No. 7/Project No. 06-09 (2nd Avenue SW from Lake SL to Dais SQ Property Owner8urvey March.4, 2096 Not": I. Optionc- consists or complete sheet reconstruction and Uft W romirmita indming WMk wghr and tandafy aawer aervke rV cements. Aswxmanp Wald on wonted bo@W on ft'StWWWd Lot Approach" (uWrmiad to 00 S5W par 79 pridafd M with + SaWFF beyond 70' width +SZ2a0 for wAm fepppaMnN) The w*dpeted rte expectancy of #ft option in e0 to 80 yaps, 1. Option D - PrAnd c"Jete of only (epta tW do warany asap surface. Ammallas wewd be allocated bawl an an a dkoeted $27.80 par *art Tao! ad�Cen1 to tits siteN. The anticipated We enpecla" of this o"M In 10 to 20 years, PROPERTY OWNM WFORMATM OFrK*tC P OPTMO l o NO pa omiAdd COeaIE! toong PrePg* Owes, Nam, Chalk now" allow Check allow �L set %f ai 4 e � az sat ew Rmeld a Nan e25 2nd A OWN&JamSchniop Ct3 277 2ndAwmel 11111 ltd Av SW DNo Okedm JKraeun aStl A RenAM O Elel Fred AaxN6e Jre Avow SW VidnImAltaft 2tW AYMMS SIN Shft A Teuharl x MIJAMtxla m YMI[ A adtmmm r� • Not": 1, Cloon C - I. 00don o Pop 3 of 3 Letting No. 7112roject No. 06a (2nd Avenue SW from Lake St. to Dale SL) Property Owner Survey Pmjmd wmlM of emplsts newt mwngnxdm and utaty q Prlwh waW and an" sewer ew+Are rephumenta. AeeeeemMlp weed be aYeeared begd an fr "Semderd W ApRoaW (osamaCed to be $-4W Per 77 stondad lot width r $4,YFF beyond 7a wMlh + s2.2e0 Ter eM W MPWWWnu). The t wd sh rrd!' of 0tla pMidn is 40 to W years. Pmject amWm of only reuurYiq 4m And e1reM surlem Ammons would be MWWW bored an an astimmed 477.80 per font fie adjacard io ev W1wal. Tlie a NN egteelarley of f1h aptlon Y lob m year.. f.r7, PROPakI'Y OYBlidt MPORMA77tlN O Rolland ONr10N 0 NO NRlPlRBNCC AdUm Shan Nmw Pmp" Owner Nems Cheek BNow CMeh aster . Check Below Sea 2rW Awmw !LW RagerMAL10S.I.Peolt dnd Awmn SW DGWMRath 2MAwmua SW DWfsJ&KmhRKneac M 2nd Awmw Tb=mxR &JmAMww Gram 3om itL�f Aasnue SW +(Jeow( rl46�. 4-+r f7:7< taro.. a Nktetrs llamWl NEIGHBORHOOD PETITION is CITY OF HUTCHINSON TO REEVALUATE ITS ASSESSMENT POLICY The following information is for cities of similar population to Hutchinson, 9 city Population Reconstruction OverIM or MilUOverla Hutchinson 13545 50% assessed 50% assessed Mounds View 12865 25% assessed 25% assessed New Ulm 13798 $2400 assessed No Assessment Ham Lake 14034 $3000 assessed $1200 in 2004 (No assessment in 2005 F s Falls* 13782 1 No Assessment No Assessment Glencoe 5633 $1400 assessed No Assessment • Fergus Fails is looking to implement a 20% assessment of the street portion which will allow the city to bond through the permanent improvement bonding. Fergus Falls will continue to pay for utility service replacements, We, the residents of Hutchinson, feel the City of Hutchinson needs to reevaluate its assessment policy, as $8000 to $11,000 assessments are extreme. \�SL9 1 G] ar . 4 ,_ K .?- sY —Ga NEIGHBORHOOD PETITION is CITY OF HUTCHINSON TO REEVALUATE ITS ASSESSMENT POLICY The following information is for cities of similar population to Hutchinson. city Po lation Reconstruction Overl!Z or MilllOvela Hutchinson 13545 M assessed 5016 assessed Mounds View 12865 25% assessed 25% assessed New Ulm 13798 $2400 assessed No Assessment Ham Lake 14034 .53000 assessed $1200 in 2004 (No assessment in 2005 Fergus Falls* 113782 No Assessment I No Assessment Glencoe 5633 $1400 assessed No Assessment • Fergus Falls is looking to implement a 20% assessment of the street portion which will allow the city to bond through the permanent improvement bonding. Fergus Falls will continue to pay for utility service replacements. We, the residents of Hutchinson, feel the City of Hutchinson needs to reevaluate its assessment policy, as 58000 to $11,000 assessments are extreme. 11 0 Date s-q-- 0.o6,s- 2;r,40s 3 -5 ,� 3 _5_o F�A City of(I Hutchinson City Center 111 Hn n Stred SE Hutchinson, MN 553562522 . 32V- M7- 515VF= 320. 234 -4240 E M Q R A N D U M P 0 TO: Mayor and City Council FROM: Kent Exner, City Engineer RE: 2nd Avenue SW Second Neighborhood Meeting DATE: March 1, 2005 City staff held a second neighborhood meeting on Monday, February 28`', to fii Cher discuss the proposed 2"d Avenue SW project. Over 50% of the property owners that were notified attended the meeting. A copy of the meeting notice and agenda for this neighborhood meeting are included in your March 8a' City Council packet. City staff believed that a second neighborhood meeting was needed to address written comments and concerns provided by representatives of the impacted neighborhood just prior to the Public Hearing for this project during the February 8v' City Council meeting. The Public Hearing was opened and then postponed until the March 8`' City Council meeting, We appreciate the feedback and input that the property owners have provided in regards to this project. The majority of the discussions at this second neighborhood meeting focused on project alternatives and anticipated assessment amounts. City staff and the neighborhood residents agreed that there are primarily two options for the future of this roadway, full street reconstruction as previously planned or the alternative of resurfacing the existing pavement area. The life expectancy of a complete street reconstruction is anticipated to be 40 to 60 years, compared to 10 to 20 years for a resurfacing project. Property owner assessment amounts for each alternative were estimated and provided during this meeting. Following our discussions at this neighborhood meeting, we asked that the interested residents provide some direction either through a surveyor petition. City staff has prepared a survey form for distribution by certain members of the neighborhood. Hopefully, this survey will be completed and provided prior to or at the upcoming continuation of the Public Hearing. We will be available to discuss the results of the neighborhood meeting and the upcoming property owner survey during the Public Hearing. PrintW w mycW paW - �.Q C0. j C� 0 E r }�!.:d7A(+<,,G: : ":E!p� -: ':�r�;�n i ✓ „�: "u:p ^e ^'. ..,4��.:bKy,, .,.'s'w'ig >jsr':ikt;w .. ,. .. ��.^y. �,.i. 'y.. 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Sa �� h.�.�,. t.rY ��Y,�4 1' �!� hlT�slb;*w•�;,wa�, ^d��::f�� i III 1<•. :�.iak..ir'ar: � �Y..>�5 a .a':wK 'Y', w:, n.Y't'•d ;w'Avv.enu (L� .�'7 "!i�.ti ��1M 'a)% t rl,. 9W. °, "' y, Y,w�i;,. \f• '+\ +. u, ;1 .l .w a. + ai:, '�rt. :{�1. -r{Q "� '�'?. ir•� �t�.h..b:. i. T': .:� � n �^ G 1 ;'f�.! +.. ,itit '�'a'� �' R >r" • ,� .)i'�yy�, h � tiNrkw...a rvp n ,.3"' ^ai ^,� AeC" 3x,5''•,,r�"Y, w r. � Ll nA L!l `' `4�4, "; t�aS'��rx`�r..1' &i• yh rpdil.. ��! �r9+�'k:�- -)w�:; r��s 1n1.'v , ;,�w.G. �'.,y "h9�,�, r �m °i�`r•, ",r1...+7;.Y:�,i: i; �i•.^ tY;;'. i1Y; 1°.". }j'en' l�'.!^I(J�a��M.�„ii:;�`r1rtl.aRr 1:. r�,', gH�'t�„+v3% A;M' +lI ATTENDEES: 2d Avenue SW Residents John Rodeberg, Director of Public Works Kent Exner, City Engineer Keith Messner, Engineering Technician PURPOSE: Rcvicw proposed 2 °d Avenue SW street reconstruction project issues and alternatives. �, •C" lk "G,r :rt ...awG��l ( - "t„ap., ld,Wp r � rtdiy,•' {'," }e^ "� '�:y Fs'o ;.�• ' c,i�p'� c Fc�y 5 +,,^•, .° ti. ..r +'cQ ,. a.r.�i xgC.o�q,l�4YGi(.• "{,« }`"�"'Y . Mlry �$ �i;rvr }"7-��: �7��._,+��•�N,�. �$"i;e: ":Hrrvy:'^�"~�� ree'�ut�l 1. Project T'iming/Schedule A. High Maintenance Needs B. MYO:)QT TH7 Project C. Construction— June to August 2005 2. Existing Conditions A. Roadway surface B. Sanitary sewer, watcrnsim and storm sewer C. Pedestrian safety D. On- street parking needs 3. Proposed Improvements A. Narrowing street from 40' to 32' width B_ Sidewalk installation along south side of street C. Replacement of existing sanitary sewer, watermain and storm sewer D. Street typical section increase — posting of "No Truck" signs E. Designated on -street parking — south side of street 4. Alternative Construction Options A. Mill & Overlay — not feasible due to existing pavement structure B. Reclaim & Resurfacing — no utility service replacements 5. Assessment Policy A. Current City Policy — estimated street assessment of $120/FF + $2,250 for utility service replacements (assessments equal 57% of total project cost & 100% of street/storm costs) B. Modified City Policy — estimated street assessment of $80/17F + $2,250 for utility service replacements (assessments equal 45% of total project cost & 75% of streettstorm costs) C- Standard Lot Approach — estimated street assessment of $5600 per 70' standard lot+ $40/FF beyond 70' width + $2,250 for utility service replacements (assessments equal 42% of total project cast & 62% of street/storm costs) D. Reclaim & Resurfacing - estimated street assessment of $27.50/FF E• 20032 d Avcnue/Dale Street — street assessment of $66.42/FF + $1564.88 6. Other Discussion r 0 Nehborhood Meeting Notice Letting No. 7 1Project No. 05-09 2nd Avenue SW onday, February 28, 2005 ♦ 5:30 p.m. at Hutchinson City Center Council Chambers City staff appreciates all the feedback from members of the neighborhood adjacent to the proposed utility and street improvements project along 2 "d Avenue SW from Lake Street to Dale Street. Upon receiving written comments and a brief discussion during the Public Hearing at the City Council meeting on Tuesday, February e, the Council made the determination that it would be in everyone's best interest to review projseet options and costs with property owners and continue the Public Hearing at the March 8` City Council meeting at 6:00 pm. We would like to invite all interested residents adjacent to the project to another Neighborhood Meeting on Monday, February 28`s, at the time and location listed above. We will discuss the following, and other, issues at this meeting: • Project timing/schedule • Existing roadway and infrastructure condition • Other short-term rehabilitation options including mill and overlay construction • Assessment policy, amounts and payment options • Proposed street width and sidewalk installation • On- street parking needs and location • Pavement design options • Truck traffic • Project notification • Sewer back -ups We appreciate your comments and feedback. Please plan on attending the meeting noted above, or contact Engineering staff at 234 -4209 if you have questions or comments you would like addressed. Thank you for your time and consideratioul 0 (d0. P, I AV,,f-/7lcCE S. oj, Lr1�uLd � .z Jqa-/Z� a-l>lz- � c�on� -� wA6 47� 96r k 2e4�ZC �J Llrr7d u�tyz,� r�rr� l- �G7I�'c2/� -L/ �v (0.j City Council public open hearing, February 8, 2005 0 2n1 Avenue SW Neighbors Opinion of proposed Project No. 05-09 Presented by Tim Smith representing 24 residents. On Monday, February 7th, 2005, 24 residents of 2"d Ave SW gathered at the Library meeting room to discuss the issues relating to Project 05-09. The following summarizes their consensus. We appreciate the information presented by Mr. John Rodeberg and staff at the neighborhood meeting conducted on Monday January 31 et, 2005. Although it was obvious to us that the street will soon need resurfaced we were not prepared for the extent of the proposed project. We are especially surprised by the substantial cost to be assessed each property owner. Therefore after this meeting a few residents gathered to discuss issues and agreed to invite all neighbors to a group discussion on February 7v'.at the library. Meanwhile several residents were charged with fact finding regarding the issues and extent of assessments. Jointly we offer the following statements: 1. We propose that project 05 -09 be delayed until after the main street bridge and highway 7 road project is complete. We feel that the extra traffic on second avenue during these detours will be detrimental to a new road and • cause undo wear and tear. We understand that this increased traffic will hasten the need for resurfacing. • Delay of the project gives us more time to ascertain the design and scope of the project • Delay of the project allows residents time to prepare for an assessment. None of us is prepared to pay the 8 to 14 thousand dollar assessment. 2. We want more time and information to evaluate the true condition of the road surface and underground utilities, pipes etc. We want to know more about the option of 'mill and overlay or reconstruction. 3. We formally ask council and city administrators to review the assessment policy as we feel the amounts expected are unreasonable. • What did the residents on the eastern portion of Second Avenue pay? We have heard that their amounts were significantly less. Was it because of a federal grant'? • Preliminary evaluation of other communities indicates varied assessment policies for similar work. Hutchinson's policy appears to be very high. For example, the City of Bloomington pays for seal coating and overlay projects. Reconstruction projects are assessed at 25%. The City of Glencoe only assess water and sewer services at $700 each ($1400) in reconstruction projects. Silver lake's last assessment in 1997 was $15 per front foot (.®14) E 0 0 4. The residents do not favor a sidewalk as proposed. Further we wish to maintain the present width of the roadway. We notice that some new developments such as those in the vicinity of Menards do not have sidewalks. 5. We request "no trucks" signage to reduce the increasing amounts of large truck traffic. 6. We feel that there should be more advance notice of projects such as these in order for the residents to meet with the City Staff to discuss needs and review options of design, We especially wni d liko Iona team nntirA of antiripptwd assessments. 7. We would also like to bring up a separate but related issue; sewer backup. Last year a power failure caused the lift station on Harmony Lane to shut down. This resulted in raw sewage flooding several homes. We ask that consideration be given to measures that would prevent this type of event in the future. 10k) 0 C Hutchinson Cif Center M Heald Suet 66 Hutchhum, MN 55350 -= 320-W8 sisi,X= 324B- 2344240 a R A N D U M TO: Mayor and City Council FROM: Kent Exner, City Engineer RE: 2nd Avenue SW Neighborhood Meeting DATE: February 2, 2005 We held a neighborhood meeting on Monday, January 31`t, to discuss the proposed 2nd Avenue SW project between Lake Street and Dale Street. Over half of the property owners that were notified attend the meeting. There were many issues raised that we will be discussing at the Public Heating. These issues, and our responses to date, are as follows: Why is this project being completed at this time? There has been increasing surface deterioration during recent years causing the Cityto invest a significant amount of maintenance dollars and manpower into the roadway. This segment of roadway has been identified by the pavement management program as being rated at a PCI (Pavement Condition Index) of 37 on a scale of 100. This rating falls within the marginal category and indicates that corrective measures should be done at this time. City staff is open to input from the residents at this point and willing to possibly entertain other street improvement methods such as milling and overlaying the street. A mill and overlay project would be a short-term fix (10 -15 years), The cost of doing the mill and overlay would be assessed to the property owners on a 50 %:50% basis (approximately $15 - $20 per front foot). Ultimately, when the street is reconstructed the property owners would incur assessments for both the mill/overlay and the future reconstruction project. Reconstructing the roadway at this time would provide a long -term solution (40 - 60 years). Why are the utilities being replaced at this time? The condition, age and capacity of the existing utility infrastructure must be considered and addressed when the street is reconstructed, Sanitary sewer, watermain and storm sewer systems are all over 40 years old and have some deficiencies. Attempting to stretch the lifecycle of the existing utilities beyond the expected life of a new roadway would not be prudent. Why are you narrowing the roadway from 40' to 32' in width? Narrowing of roadways has been proven to provide a traffic calming effect on the increasing traffic levels and speeds, A street width of 32' is typical for a residential street. The assessments to adjacent property owners for replacing the street would be lowered if the width of the proposed street is narrowed. Why are you installing a sidewalk along the south side of the street? If the roadway is narrowed as proposed, there would be an opportunity to extend sidewalk to the west along the south side of 2"d Avenue without significantly disturbing the existing boulevard and landscaping. rriaea m rccyck4 eeaw - / /I y » • Sidewalk in this area would provide pedestrian safety and could eventually be a section of a continuous walkway all the way to School Road. Due to the existing grades and number of private utilities along the north side of the street, switching the sidewalk location to the other side does not appear to be feasible. Should parking be designated on one side of the street? A 32' wide street would provide sufficient clearance for two vehicles to meet and another vehicle to be parked along one side of the street. A number of residential streets do not have specific parking regulations or striping that designates parking. If there is an abundance of on -street parking occurring, it may be justified to establish one side of the street for parking. From a traffic flow standpoint, parking should be on the north side of the street to match the lane arrangement along Tn Avenue to the east of this area. Why are you increasing the thickness of the pavement section? Currently, this length of street is utilized by school buses and some truck traffic. This traffic has contributed to the decay of the existing pavement. There will be additional traffic demands on this street during the TH 7 project. The City has proposed to slightly increase the pavement section thickness to account for this additional traffic, at no additional assessment cost to the property owners. Also, the Police Departement has been contacted and stricter regulating of the non -truck route status will be enforced. How are assessments calculated? Do I pay for improvements that I don't need? The assessments are based on the determined value of the benefit provided to the adjacent property, and . therefore the assessments are not necessarily based on the actual cost for adjacent work. Per City policy, property owners will be assessed for replacement of their sanitary sewer and water services and the cost to construct a standard residential street with an appropriate stone water collection system. The costs associated with the replacement of the lateral (main line) sanitary sewer and watermain systems, increasing the street section thickness beyond the City's standard, and the installation of the sidewalk are paid for by the City. When will this construction happen? Based on our current project schedule, construction is scheduled to start in late May or early June. Depending on the Contractor's construction schedule and weather conditions, the project would be completed in August or September. We will discuss these, and other, comments in detail at the .Public Hearing. -�, NEIGABORHOOD MEETING for Proposed 2005 Improvements Pavement Management • Constructed in 1962 — minimal section * PCI of 37 on a 100 scale =7 * Poor roadbed drainage and questionable soils has accelerated the deterioration High maintenance route Significant curb settlement & cracking Infrastructure Managemen! Water system over 40 years old and undersized • Additional, hydrants for fire protection • Clay sanitary sewer pipe with some cracking, infiltration issues, and sagging pipe. I � Project Drivers 0 Deten orating street, high maintenance • Roadway section thickness must be increased + Storm sewer combination of aged systems * Water system undersized and old 0- Sanitary sewer system with cracks and dips Pedestrian deficiencies — sidewalk & traffic calming E Storm Water Management • man= Unnecessary storm sewer piping exists. • P iping; and swumm deterioration. Localized drainage situations addressed by draintile and grading, Storm sewer systern must be reconfigured for new roadway width and grading. Proposed Improvements 0 street • Completely rcrnovc Lite existing pa;vtnxnk, aggregate base and conarete curbing, • Construct a 32' wide roadway with bituminous surfacing, concrelc cut and gutter, and drainfile. • Increase the new sum section to pTovkle a I O-ton roadway design, • Install a S' wide wocretc sidewalk separated from the street by a 5' wide grass boulevard, Erect retaining walis to provide acceptable grading transitions, ("o (Q -� 11 .......... Proposed Improvements Utilitics Replace the existing I $ " clay tilt pipe sanitary sewer with 15" PVC pipe. Replaue/upsim the existing 6" cast iron watt rniain with 8" PVC pipe. Replace sanitary sewer and water servers to the property Him Reconfi gum the stom sewer system to aoconmx)date die natrowet roadway and address localized cirairap issues. Nffff�� 111 � MOM 4 Property Owner pays for: NOTE: MWM& MW cosis ora"Mm" s� W-chow Esfirnated qpical 70`vAde lax (=50im-vim & Saa*T) Estiffleted qvical 90"Wide lot ($Zmservica & swn-) $9,00 Fstimmdtd typical UW%ide lot ($225t1"mMon & SWM $11,830 I L"W-dcd t*CW 150'wi& lot ($Z2,5WWViCW, A SWFF) $14,2." P-roject/Assessment Infonnation. X"WONWalft"M Staff will cornplete the projcct design and go ow f7-b%,Tcaaw- approved at Public US1thL(Febnwy 8"1), An Assessment Iftadust is to be held after bids, prior to award of contract, ACtual 6=1 assessulant costs to be calculated for Asaessimat Hearing based on the actual project costs,. Interest rate will. be &(mined by rate that city receives for the project bonds M. Of OW bmd D41-1di-W - chava 01 *d --Q; a* awe 4 OW&1*0 00 be 6wewdaw 1,0"ddor. City SSaare City pmays for v AS lateral (mala line) saWhLry rower mod wattrmaka constraction Roadway S"don thick— tm� Sidewalk instA11*600 and nectsory boulevard gradinit/rtaiaiag wags Estimated Project Costs & ........... Financing Wom Estimated Comtrucdon 0%1 S 306,OW Estirnated Exttenscs Estimated Projecl Cost $454,000 Trunk Sanitary Sewer Fund $ 52,000 'Trunk Watenmirs Fund S 42,000 City Bonding $ 152,000 ASSeSSMalts- Estimated Project Financing S 454,900 Full (or partial) payawat without interest by November 151" After November I Stk the asusanients *" ctrd(W to tas, Tolls with inteltst Assessment on tax roll for 10 years with equal principal and decreasing initrtal Derernments available foT ptopcfty owners, meeting income guiddin", who am 6tbcT ova 65 years old or disabled K RESOLUTION NO. 12640 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. T PROJECT NO. 05-09 WHEREAS, a resolution of the City Council adopted the 25th day of January 2005, fixed a date for a Council Hearing on the improvement of : 2nd Avenue SW from Lake Street to Dale Street -- complete street reconstruction and replacement of existing utility infrastructure by construction of storm sewer lateral, trunk and lateral sanitary sewer and services, lateral watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, landscaping, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 25th day of January, 2005. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 8th day of March, 2005. City Administrator 0 Mayor �p�C -) OVAT g � r g ,�wn&'� � ✓ w k r 5 � 4 0.4 d r ` ednerday Sa4WE y ; �� d^d'�'A'�y,� � _ �•g fiery � Gz gry.Gl'B: mY '&O ASS �'Y�aY { C` t^ , .1 a k r 5 � 4 0.4 d r ` ednerday Sa4WE y ; �� d^d'�'A'�y,� � _ �•g fiery � Gz gry.Gl'B: mY '&O ASS �'Y�aY { C` t^ , 0 Table of Contents Tableof Contents ................................ _ ........................... ..... _ ....... i Introduction...... ...................... ............................................ I Economic Development Authority — Board of Directors .. ..............................1 Table I — EDA Board of Directors ..................... ........................ .... _ I Business Retention & Expansion ............. ........ _ ....... .......................... 1 Historic State Theater, . ............................................. ........ 2 1 Tutchison Hotel. . ....... _ ... ....................................... _3 Downtown Streetscape ....... ......... .................. ...... ........... ........ 3 Rix Comer Redevelopment ..................... ........ .................. ................ 4 Municipal Liquor Store .............................. .......... _____4 EDA Finance Team.. . ................................ 5 Table 2 — EDA Finance Team, 2004. . ...................................................... 5 Downtown Loan & Grant Programs ............ ......... ................... 5 Sign & Awning Grant Program ....... ............. .............. ...... Table 3 — Sign & Awning Grants, 2004........... ............................... 6 Storefront Revitalization Matching Grant Program ............................. 6 Table 4 — Storefront Revitalization Matching Grants, 2004 ............. ... _6 Commercial Rehabilitation Loan Program ....................................... 6 Table 5 Commercial Rehabilitation Loans, 2004.. . ...... 6 Economic Development Loan Fund.. . _ . ..... ......................... 7 Economic Development Authority Budget ........ .......... ...... ...... _ 7 EDA Industrial Park Team .............. ........................ __8 Table 6 — EDA Industrial Park Team, 2004 ................ ............................... 9 Industrial Park Development ................................................. ... _ ......... 9 Spec Building Project ....... ................................... ....................... __10 2005 Work Plan & Goals... ....... I . I I . I I I .. I .......................................... 10 Summary................. .... ___ .................................................. ....... 12 Appendix A — Downtown Loan Status Report ............................................ ii Appendix B --Year -end Financial Statements ...... ................... ..... _ ..... . iii 0 Introduction Pursuant to Minnesota Statutes 469.100 the Economic Development Authority must submit a report to the City each year giving a detailed account of its activities as well as its receipts and expenditures during the preceding calendar year. For the purpose of fulfilling this requirement, this report has been prepared and will be submitted to the Hutchinson City Council. Activities are reported on a project -by- project basis, with additional notes provided on the activities of each of the EDA sub - committees. Economic Development Authority — Board of Directors In 2004 the Board of Commissioners of the Economic Development Authority experienced some turnover, with Mr. Bob Windel, school district superintendent, and Mr. Keith Fischer of Wells Fargo Bank, resigning to pursue other opportunities. After advertising the position openings and receiving a number of applications, the EDA Board of Commissioners nominated Mr. Steve Jansick of Wells Fargo Bank and Mr. Mike McGraw of State Farm Insurance to fill the vacant positions on the EDA Board. Mayor Marlin Torgerson appointed the two nominees at the subsequent City Council meeting Prior to that, new City Council member Casey Stotts was appointed to the EDA Board as the Council liaison in January of 2004. Table 1— EDA Board of Directors, 2004 Member Affiliation Term Tim Ulrich - President Citizens Bank 2008 Jim Haugen City Council 2006 Casey Stotts City Council 2008 Don Walser Kraft, Walser, Hettig & Honsey 2006 Duane Hoversten Ridgewater College 2009 Steve Jansick Wells Fargo Bank 2009 Mike McGraw State Farm Insurance 2005 Business Retention & Expansion The Hutchinson Economic Development Authority believes that its first priority is to maintain good relations with and promote the health of existing businesses within the city, as these represent the best opportunity to grow the local economy. To that end, EDA staff routinely visits local businesses to determine if they have any concerns or 1 issues that the EDA can assist with and to explore opportunities for the continued growth of the company. in addition, the ELBA informs local businesses that the city recognizes and appreciates their contributions to the community and that the EDA is available to assist them in any way possible, Business retention, & expansion visits were made to the following companies in 2004: • Sbopko • 3M • Hutch Iron & Metal Cenex • Marshall Concrete Products Impressions • Hand's Inc. • New Dimension Plating • Haugen Furniture Company • Wood-N-Walls • Fastenal In addition, EDA staff visited more than. 40 downtown businesses over the course of the year. Historic State Theater Red and Linda McMonaglc completed their purchase of the historic State Theater in November of 2003 with renovations beginning just days later. Renovations continued throughout all of 2004 and the project is scheduled for completion by the 2"d quarter of 2005. To begin with, extensive roof repairs had to be made, replacing some roof sections that leaked and others that had actually begun to collapse. Once this was done and the building made weather tight, a considerable amount of clean-up and demolition work was done, with dozens of dumpster loads of materials being hauled away., All seven of the original apartments on the upper level were completely gutted. In the basement old theater seats and clutter were hauled out. In the three theaters themselves many dumpster loads of moldy acoustic tiles and other mold-contaminated materials were disposed of In addition, the projection screens themselves had to be removed and thrown away. The original theater seats were disassembled and the frames, were sandblasted and repainted. The seat cushions themselves, were sent to California to be reupholstered. Original art-deco wall murals in the main auditorium were traced by hand and repainted on new acoustic tiles, recreating the original 1930's era artwork. In the course of 2 remodeling, it was discovered that the original neon was still present in the theater walls and it was still in working condition! After all the demolition and clean-up work was completed, four new apartments were built on the second level of the building. These are all large one-bedroom units; three feature vaulted ceilings, three have a walkout rooftop patio and two feature stunning views of Library Square. The entire building is handicap accessible, with an elevator being installed to provide access to the upstairs apartments and the balcony theater. In the course of the remodeling, several unexpected expenses cropped up and the price of construction materials increased significantly. This caused the total project cost to grow from the original $1.3 million to approximately $1.79 million. The Hutchinson Economic Development Authority, working in concert with the other project funding partners, was able to put together the additional funding needed to see the project through to completion. The historic State Theater should be open, for business by the 2"d quarter of 2005. Hutchison Hotel Another key redevelopment project in downtown Hutchinson is the renovation of the historic Hutchinson Hotel. 'The Hutchison EDA was able to provide a low interest loan and a small amount of grant money to facilitate the redevelopment of this historic structure. During 2004 a considerable amount of clean-up work was done, with many loads, of demolition matenials being hauled away, and asbestos mid lead rernediation being completed. The main level of the Hotel will be renovated to become professional offices, with the Hutchinson Area Chamber of Commerce: being the principal tenant. It is anticipated that renovation will be complete by May of 2005. Downtown Streetscape Aging streetlights in the downtown provided an opportunity to bring a key element of the Downtown Revitalization Master Plan to life., The existing streetlights and sidewalks in the downtown were originally installed in 1968 and by 3 A) 2004 they were well beyond their planned design life. Since these elements were scheduled for replacement, the EDA saw an opportunity to implement the downtown streetscape as envisioned in the downtown master plan. The EDA provided funding for a feasibility study to examine the potential scope and cost of such a project more closely. Once the feasibility study was completed, EDA staff began the process of educating the public on what the project would entail and collecting feedback for the benefit of the City Council. Open houses were held during June and November, with an additional open house scheduled for early January. As of year-end, plans were in place to bring the project to the City Council in late January for preliminary approval, If the city council approves the project, the downtown streetscape could be implemented during the summer of 2005. 1= in the second half of the year, the EDA was approached by a private developer who wanted to explore the possibility of redeveloping three adjacent properties on Main Street: the old Rix Corner gas station, a pawn shop and a vacant lot. The plan would be to purchase all three lots, demolish the existing structures, and build a single new 2-story building of about 14,000 square feet on each level. This structure would house up to four retail businesses on the ground level and professional office suites, on the second level. The EDA provided considerable: technical assistance to help refine and develop the concept and identify potential sources of financing. If the project continues to develop:,, a major downtown redevelopment could take place during the summer of 2005. Following a City Council decision in June of 2004 to locate the new municipal liquor store in downtown Hutchinson, EDA staff was assigned to implement the project. After considerable research, it was decided to remodel and expand the existing liquor store Located on Washington Avenue. Plans were developed to acquire an adjoining, retail space (3,9,50 square feet) and expand the 4 „X existing facility by constructing an addition of approximately 5,600 square feet. . Combined with the existing store, the new facility will be just over 15,300 square feet in size. Plans call for the proposal to be brought to the City Council in early January for approval. If the City Council gives the go- ahead, construction could begin by early summer of 2005 with an estimated completion date of November 1, 2005. EDA Finance Team The EDA Finance Team is responsible for the oversight of all financial activities of the Authority. To that end they review and approve all loans and grants made by the EDA, monitor the FDA's annual budget, and authorize all EDA expenditures. During 2004, the Finance Team also reviewed and updated the guidelines for all of the EDA's loan and grant programs. Table 2, below, lists the member of the Finance Team. Table 2 — EDA Finance Team, 2004 Member Affiliation Jim Young - Chair James Young & Associates Accounting Mike Cannon Citizens Bank Anthony Hanson Wells Fargo Bank . Don Walser Kraft, Walser, Hettig & Honsey Attorneys Jeff Grant First Minnesota Bank Steve Jansick Wells Fargo Bank Tim Ulrich Citizens Bank Ken Merrill City Finance Director Downtown Loan & Grant Programs The Hutchinson Economic Development supports downtown redevelopment in a number of ways. Among them are three programs designed to promote investment in the building stock of the downtown area. In April of 2004, the FDA's Sign & Awning grant program and the Storefront Revitalization Matching Grant program were re- instated after having been temporarily suspended in September of 2003. Sign and Awning Grant Program The Sign and Awning Grant program, which had run out of funds, was recapitalized at a level of $25,000. During 2004 a total of 5 grants were made for a total of $9,545 and an average grant amount of $1,909. These are summarized in Table 3, on the following page. r_1 (0-) 0 • Annroved 5/28/2004 6/25/2004 $/27/2004 9/26/2004 10/29/2004 Table 3 -- Sign & Awning Grants, 2004 Recipient Ward Law Office Julie Wacker Hanjani Law Kamrath Chiropractic Mariachi Fiesta Downtown Clothing Co. TOTAL Grant Amt. Purpose $2,000 Replace old awning with new, front & rear $1,545 Replace wood awning with vinyl awning $2,000 Install new signs/awnings front & rear $2,000 New sign $2.000 New sign $130,000 Average - $1,909 Storefront Revitalization Matching Grant Program The EDA Storefront Revitalization Matching Grant program provided four matching grants over the course of the year totaling $19,055. The average grant size was $4,763.75. Table 4, below, summarizes all Revitalization Grant activity for 2004: Table 4 — Storefront Revitalization Matching Grants, 2004 Approved Recipient 7/21/2004 CherylLebat — Glass Apple 8127/2004 Brad Lueneburg 12/3/2004 Bill Corby Portrait Studio 12/23/2004 Mark Schierman TOTAL Grant Amt. Purpose $4,150 Replace existing glass with thermal glass $4,905 Replace wood awning with vinyl awning $5,000 Replace glass front & rear $5,000 Rernoval of cedar shakes & signage, replace with metal material sL sass Average = $4,763.75 Commercial Rehabilitation Loan Program The FDA's Downtown Revolving Loan program provides low interest loans to downtown property owners to assist them with building maintenance and rehabilitation. The purpose of the program is to help keep Hutchison's downtown building stock well maintained and attractive as a place in which to do business. In 2004 the EDA made five low interest loans totaling more than $466,000. Loan details are provided in Table 5, below. Table 5 — Commercial Loans, 2004 Loan Term Date Buildint Amount Rate rs. 1/2/2004 State Theater $130,000 2% 10 411/2004 Dostal Electronics $11,055.52 2% 10 9/10/2004 Hutchison Hotel $130,000 2% 10 10127/2004 Hennen's Building $130,000 2.75% 10 21/l/2004 Robert Michael $65.000 4.5% 15 Salon TOTAL $466.055.52 R Electrical & roof repair Electrical work Electrical, mechanical, roof rep. Roof repair Addition & building updates rl U) As of December 31, 2004 the l was servicing a total of 47 loans totaling $835,789.23. The total of loan payments received each month was $10,820.84 and all loans were performing as required. Appendix A provides a status report on all downtown loans as of the end of 2004. Economic Development Loan Fund To provide additional gap financing for industrial development the Hutchinson Economic Development Authority maintains the Economic Development Loan Fund. No new loans were made from this fund during 2004. , One existing loan, to Allied Mechanical Systems, did however go into default with an outstanding balance of just more than $30,000. As of year-end, the city attorney had reached a settlement with one of the guarantors of the loan in the amount of $7,500 — which will go back into the loan fund. Additional collection efforts were still underway as of December 31't.. As of the end of 2004, the Economic Development Loan Fund had a total of $137,943 in cash available for loans. In addition, the EIAA has $25,000 on deposit with the Minnesota Community Capital Fund, which allows the ILIA to leverage up to 10 times that amount for local economic development projects. Economic Development Authority Budget The two graphs following illustrate the sources and uses of ESA fands. The Hutchinson EDA receives most of its funding in the form of an annual appropriation from the city's general fund. Other sources of revenue include rents from EDA owned land, interest and reimbursements. 9% 8% 81% 7 k, 8% 0% MMEM go As can be seen in the graph above, just more than three quarters of the EDA budget goes towards staff salaries and benefits. Beyond that, the next two largest expenditure items are for various consultants needed for EDA projects and for efforts to market the City in an elYort to recruit new industry to the community. Details of the expenditure categories are as follows: Salaries = Staff, PERA, FICA, Health & Insurance benefits, etc. Supplies = Office & operating supplies Consulting = Appraisals, surveying, wetland delineations, 'II` plans, site plans, etc. Operations = Telephone, postage, travel, printing, data processing, etc. Marketing = Membersl-ip in CVN, Southwest Minnesota Foundation Appendix B contains year-end financial statements for the EDA During 2004, the EDA Industrial Park Team was expanded to nine members, bringing a broad range of experience and expertise into play. Table 6, on the following page, lists the membership of the Industrial Park Team. Table 6 — Industrial Park Team, 2004 • Member Diane Gordon - Chair Ron McGraw Josh Gehlen Dan Steele Randy Voller Jim Haugen Tina Heubner Dick McClure Andy Larson Industrial Park Development Affiliation Jensen & Gordon Law Office R.J. McGraw Law Office Wells Fargo Bank Hutchinson Telephone Company Citizens Bank Haugen Architecture / City Council Cenex / Hutchinson Chamber of Commerce RE/MAX Real Estate Raske Builders Over the last few years the Hutchinson EDA has acquired two parcels totaling 99.32 acres for industrial development. These are the 21.56 acre "Wetherell Property," located on 5o' Avenue SE and the 77.76 acre " Stritesky Property" located between 50' Avenue SE and old Highway 22 on the southeast side of town. During 2004 the EDA completed a project at a cost of $222,918 to bring water and sewer service out to the Wetherell Property. In addition, the property was zoned to I -1 (light . industrial) and a preliminary plat was completed. Next steps will probably include some site work and general clean-up of the property and the installation of a sign to advertise the site's availability for industrial development. Plans are also being formulated to put up a 10,000 square foot industrial spec building that would be owned and leased out by the EDA. Also during 2004 plans were prepared to build a road between Cenex and Hutch Iron & -- Metal to access the Stritesky Property from 5's Avenue SE. After overcoming a protest- from Hassan Valley Township, the annexation of the property to the city was completed and it was rezoned to I -1, light industrial. Future steps will be construction of the proposed access road from 5s' Avenue SE and exploring opportunities to partner with 3M to build an access road from old Hwy 22, on the south side of the property. Lastly, the Industrial Park Team conducted extensive research and formulated a set of "Industrial Park Declarations" to guide future development in the city's industrial park. The key provision in these declarations is the elimination of metal buildings as an option for future industrial projects. By requiring higher quality buildings, and providing sufficient financial incentives to make these buildings affordable to businesses, the Industrial Park team hopes to attract "higher -end" businesses to the industrial park and provide a greater — and longer lasting — tax base expansion for the city. 9 Spec Building Project In April of 2004, the EDA began developing a plan to build an industrial "sped' building in the 5's Avenue industrial park. Initially the EDA explored the idea of partnering with a private builder to implement the project, with the builder putting up the resources to construct the building and the EDA providing the marketing component. As the plan developed however, the complexities of a public / private partnership became more and more apparent and the project was ultimately found to be not feasible. From there, the EDA began developing plans to construct and own a 10,000 square foot tip -up concrete industrial building on its own. Such a building would be used to attract new industry to Hutchinson and potentially could be a source of revenue for the Economic Development Authority. In addition, the project would kick -off development of the 5`" Avenue industrial park and set the standard of future development of the area. During the second half of 2004 EDA staff researched and developed a detailed business plan for the project. A project team was established and the process of plan review began in earnest. As of year -end, the spec building project team had completed its review of the business plan it was being forwarded to the EDA Industrial Park team for their consideration. Plans then call for the plan to be reviewed and approved by the EDA Finance 'Team and the full EDA Board before being presented to the City Council for final approval. If • approved, plans are to secure financing and begin construction by late spring of 2005 with a goal of having the building completed by September lay. 2005 Work Plan & Goals The Hutchison Economic Development Authority has laid out an ambitious agenda for 2005. In summary, this agenda includes: Business Retention & Expansion Visit 25 local companies Provide outstanding customer service to our local companies Swiftly deal with any issues identified from BRE visits Downtown Complete Downtown Streetscape project ➢ Complete Liquor Store project ➢ Complete Rix Corner redevelopment ➢ Complete State Theater project Complete at least one large -scale wall mural project (Eton- Foods) Aggressively promote the redevelopment of the Hutchison hotel 10 ➢ Promote development of a new downtown Post Office ➢ Continue support of Hutchinson Downtown Association Industrial Park ➢ Complete annexation of Stritesky parcel ➢ Complete Cenex site consolidation on Stritesky parcel ➢ Obtain 7OBZ designation for industrial parks ( Stritesky, Wetherell & Goebel?) ➢ Complete access road to Stritesky Property ➢ Plant trees along 5`" Avenue to beautify the area ➢ Add Signage on comer of Hwy 22 & 5`" Ave. SE & Wetherell Property to market industrial parks ➢ Formulate infrastructure plan for Stritesky Property (work w/ 3M etc.) ➢ Scrape off topsoil on Block 2, Lot 2 of 5` Avenue Industrial Park so that fill can be brought in as it's available Spec Building ➢ Complete an 8,000 sq. ft. industrial spec building ➢ Get spec building leased out or sold ➢ Begin planning for Phase II of project Business Recruitment ➢ Aggressively market the new 5d' Avenue Industrial Park & Stritesky Industrial Park ➢ Recruit at least one new company for the Stritesky Industrial Park ➢ Find tenant for the spec building ➢ Continue membership in Community Venture Network Redevelopment ➢ Begin planning for redevelopment of Dakota Rail site along Adams St & 1" Avenue SE, Marketing ➢ Update the EDA web -site monthly ➢ Create new marketing materials to promote the spec building & Industrial Parks ➢ Post sites / buildings on MNPRO ➢ Update community profile quarterly 11 Summary • By any standard, 2004 was an excellent year for economic development in the City of Hutchinson, Between private and public redevelopment initiatives, considerable progress was made in promoting the continued development of downtown Hutchinson. In addition, significant industrial park space was acquired and prepared for development — effectively setting the stage for the successful recruitment of industry. • Projects set in motion during 2004, if brought to fruition, should make 2005 a banner year for economic development in Hutchinson. 12 Appendix A — Downtown Loan Status Report 9 0 q (0-) 0 s Downtown Loan Status L� Balance as of Loan Borrower Originated Loan Amt. Tenn Rate Monthy Pmt. 12/31/04 Maturity 1 Loan 1 8/10/1989 $3,604.00 20 0% $15.02 $734.68 7/1/2009 2 Loan 2 12/10/1989 $8,500.00 20 0% $35.42 $1,982.72 12/1/2009 3 Loan 3 2/1/1990 $6,670.99 20 0% $16.81 $1,243.35 1/2/2010 4 Loan 4 3/10/1990 $4,626.55 20 0% $19.28 $1,001.91 2/1/2010 5 Loan 5 611/1991 $4,965.91 20 0% $20.69 $593.34 5/1/2011 6 Loan 6 6/10/1991 $30,101.37 20 0% $125.42 $8,278.29 5/1/2011 7 Loan 7 11/10/1991 $23,719.22 20 0% $100.00 $8,060.66 10/112011 8 Loan 8 12/1/1991 $3,395.75 20 0% $14.15 $904.81 11/112011 9 Loan 9 5/111992 $7,310.00 20 0% $30.46 $3,046.47 4/112012 10 Loan 10 2110/1993 $12,378.98 20 0% $201.77 $1,598.31 11212013 11 Loan 11 211011993 $25,637.10 20 0% $106.82 $11,323.22 11212013 12 Loan 12 3110/1993 $1,772.95 20 0% $7.39 $664.98 2110/2013 13 Loan 13 6/111993 $3,749.00 20 0% $15.62 $1,577.82 4/1/2013 14 Loan 14 1/211994 $1,610.75 20 0% $6.71 $725.03 12/1/2013 15 Loan 15 1/2/1996 $3,536.43 20 0% $14.74 $1,959.25 12/1/2015 16 Loan 16 5/10/1997 $2,016.50 17 0% $9.88 $424.74 5/1/2014 17 Loan 17 7/1/1997 $49,700.00 10 2% $457.31 $12,840.84 6/1/2007 18 Loan 18 511/1998 $17,625.26 12.66 0% $117.90 $8,193.26 12/112010 19 Loan 19 811/1998 $59,000.00 10 2% $542.88 $22,510.04 7/1/2008 20 Loan 20 311/2000 $3,000.57 10 2% $30.00 $1,501.75 2/1/2010 21 Loan 21 4/1/2000 $5,088.90 10 2% $48.44 $2,796.75 3/1/2010 22 Loan 22 1211/2000 $11,923.40 10 2% $200.00 $3,015.33 11/112010 23 Loan 23 112/2001 $18,975.00 10 2% $250.00 $15,546.34 12/1/2010 24 Loan 24 311/2001 $4,411.00 10 2% $40.59 $2,769.11 2/112011 25 Loan 25 4/10/2001 $13,033.31 10 2% $119.92 $8,448.47 4/112011 26 Loan 26 511/2001 $1.612.34 10 2% $14.84 $1,039.75 41112011 27 Loan 27 5/1/2001 $19,545.00 10 2% $179.84 512,664.27 4/1/2011 28 Loan 28 511/2001 353,855.00 10 2% $495.54 $36,352.25 41112011 29 Loan 29 911/2001 $8,105.00 10 2% $100.00 $4,582.45 8/112011 30 Loan 30 911@001 $33,580.50 10 2% 008.99 $23,950.36 8/112011 31 Loan 31 911@001 $4,110.00 10 2% $37.82 $2,633.14 8/1/2011 32 Loan 32 11/1/2001 $2,980.00 10 2% $2,105.41 $2,105.41 10/112011 33 Loan 33 12/1/2001 $4,650.00 10 2% $45.00 $3,179.44 111112011 9 • r1 U Loan Borrower Originated Loan Amt Term Rate Monthy Pmt. uutstanamg Balance as of 12/31/04 Maturity 34 Loan 34 12/1/2001 $9,835.90 10 2% $9.50 $7,185.36 11/1/2011 35 Loan 35 12/1/2001 $59,820.00 10 2% $550.42 $43,022.05 11/1/2011 36 Loan 36 3/1/2002 $15,970.23 10 2% $146.95 $11,751.49 2/1/2012 37 Loan 37 4/1/2002 $27,494.00 10 2% $252.98 $22,172.28 311/2012 38 Loan 38 4/1/2002 $7,625.00 10 2% $70.16 $5,813.31 311/2012 39 Loan 39 1211/2002 $17,060.00 10 2% $156.97 $12,001.84 11/1/2012 40 Loan 40 102003 $3,000.00 10 2% $27.60 $2,443.62 12/1/2012 41 Loan 41 518!2003 $65,000.00 10 2% $598.09 $56,171.16 4/1/2013 42 Loan 42 711/2003 $15,000.00 10 2% $138.02 $13,341.55 611/2013 43 Loan 43 112/2004 $130,000.00 10 2% $227.51" $121,148.86 12/1/2013 44 Loan 44 4/1/2004 $11,055.52 10 2% $101.73 $10,491.19 311/2014 45 Loan 45 9119!2004 $130,000.00 10 2% $1,196.17 $126,997.98 9/9/2014 46 Loan 46 10/27/2004 $130,000.00 10 2.75% $1,240.34 $130,000.00 10/1/2014 47 Loan 47 92/1/2004 $65.000.00 15 4.5% $497.25 $65.000.00 1111/2019 TOTALS $1,141,631.43 $10,820.84 $835,789.23 "Payment is interest only 11 Appendix B — Year -end Financial Statements 11 i 9 (a) 0 Hutchinson Community Development Corp - EDA AS OF DECEMBER 31, 2004 PRELIMINARY OPERATIONS Assets TOTAL Cash 121,719 Accounts Receivable Prepaid Expenses 0 Accrued Interest Receivable 401 Mortgages - McClure (Year 6 of 10 yr. forgiveness) 6,780 - McClure (DAV)(Year 4 of 10 yr. forgiveness) 7,747 - American Energy System (Year 3 of 10 yr. forgiveness) 89,342 TOTAL MORTGAGES RECEIVABLE 103,868 TOTAL ASSETS 225,988 Liablllties Accounts Payable 263 Accrued Payroll & Vacation 0 Deferred land Write Down - 103,868 TOTAL LIABILITIES 104,131 Equity Fund Balance Reserved - future land purchase 17,113 Reserved - Land Miller McGraw Property Sold 5,528 Reserved - Land DAV Land Sale Miller McGraw Property Sold 92,074 Unreserved 7,143 TOTAL FUND BALANCE 121,857 TOTAL LIABILITIES & FUND BALANCE 225,988 Page 1 of 5 r1t6� 11 Cl r l LJ Hutchinson Community Development Corp - EDA AS OF DECEMBER 31, 2004 PRELIMINARY Statement of Revenues & Expenditures Object Code Description C 96C C f REVENUES 3781 RENT 3780 TRANSFER 3845 REIMBURSEMENT 3845 COMMERCIAL LOAN TRANSFER 3845 ECONOMIC DEV LOAN TRANSFER 3845 GENERAL FUND & TAX LEVY 3810 INTEREST EARNED TOTAL INCOME EXPENDITURES 4100 WAGES- REG.EMPLOYEES 4120 WAGES - TEMPORARY EMPLOYEES 4141 PERA - COORDINATED 4144 FICA -CITY PORTION 4150 EMPL.HEALTH & INS. BENEFIT 4170 WORKERS COMP INSURANCE TOTAL SALARIES & FRINGE BENEFITS 4200 OFFICE SUPPLIES 4210 OPERATING SUPPLIES 4220 REPAIR & MAINTENANCE SUPPLIES TOTAL SUPPLIES, REPAIRS, & MAINT. 4300 PROFESSIONAL SERVICES 4309 OTHER CONTRACTUAL & LEGAL TOTAL CONSULTING 4310 COMMUNICATIONS 4311 POSTAGE 4320 TRAVEL SCHOOL CONFERENCE 4330 ADVERTISING 4340 PRINTING & PUBLISHING 4321 MILEAGE 4370 CONTRACT REPAIR & MAINTENANCE 4385 DATA PROCESSING EXPENSE TOTAL OTHER SERVICE & CHARGES Available Budget DEC YTD Balance av= rs�aafrcat = a= ea ====e aaaaaaaaaaae ■�YSYiplrsr 13,000 5,600 11,100 1,900 3,500 0 3,500 1,000 2 602 398 5,000 5,000 0 5,000 5,000 0 90,000 90,000 0 1,000 0 11000 118,500 5,602 111,702 6,798 57,576 7,097 42,568 15,008 13,087 2,356 32,865 - 19,778 3,908 389 3,244 665 5,406 716 5,713 -307 6,400 0 3,182 3,218 0 46 412 -412 86.377 10,605 87,984 -1,607 800 0 188 612 2,000 219 687 1,313 0 0 0 0 2,800 219 875 1,925 3,000 3,000 22,114 - 19,114 2,000 0 1,425 575 5,000 3,000 23,539 - 18,539 2,500 0 2,108 392 1,200 44 1,107 93 2,200 445 1,640 560 0 •0 0 0 2,500 0 829 1,671 1,000 0 318 682 0 0 175 -175 800 0 0 800 10,200 489 6,176 4,024 Page 2 of 5 F1 63 F- -1 L J 0 0 Hutchinson Community Development Corp - EDA AS OF DECEMBER 31, 2004 PRELIMINARY Statement of Revenues & Expenditures Object Available Code Description Budget YTD Balance W.FCCCCCCCCC CCC¢�p,YCCt[CCCCp¢¢CCC CC¢¢C a ar�mertseswrr 6735 SOUTHWEST MN FOUNDATION 4,000 4,000 4,000 0 TOTAL TRANSFERS 4,000 4,000 4,000 0 4401 DUES & SUBSCRIPTIONS 4402 LICENSES & TAXES 4409 MISCELLANEOUS TOTAL MISCELLANEOUS 4530 MACHINERY & EQUIPMENT TOTAL CAPITAL OUTLAYS TOTAL EXPENSES Revenues over (under) expenditures 5,000 0 4,229 771 0 0 2,728 -2,728 323 0 583 -260 5,323 0 7,540 -2,217 500 0 0 500 500 0 0 500 114,200 18,313 4,300 (12,711) Page 3 of 5 130,114 - 15,914 (18,412) 22,712 q (a) Hutchinson Community Development Corp - EDA • AS OF DECEMBER 31, 2004 PRELIMINARY ECONOMIC DEVELOPMENT LOAN FUND Assets Cash Mortgage Receivable Plastic Specialties - deferred land Allied Mechanical Deposits (MCCF) Accrued Interest TOTAL ASSETS Liabilities Accounts Payable Deferred Revenues (mortgage receivable) Equity Fund Balance Reserved Unreserved TOTAL FUND BALANCE TOTAL LIABILITIES & FUND BALANCE ECONOMIC DEVELOPMENT LOAN FUND • Statement of Revenues & Expenditures REVENUES TIF /IDR Application Fee Loan Repayment - Interest Loan Repayments Reimbursement Interest earned TOTAL REVENUES EXPENSES Transfer - Contracted study Transfers TOTAL EXPENSES Revenues over (under) expenditures • Page 4 of 5 TOTAL 137,943 31,623 29,060 60,683 25,000 396 224,022 0 163,339 0 60,683 163,339 224,022 0 87 0 0 0 87 0 5,000 5,000 -4,913 9 (6L) C� r19 LJ 9 Hutchinson Community Development Corp - EDA AS OF DECEMBER 31, 2004 PRELIMINARY ENERGY LOAN FUND - DOWNTOWN LOAN FUND Assets Cash Mortgage Receivable Mortgages Interest Receivable Due From Other Funds TOTALASSETS Liabilities Accounts Payable Deferred Revenues (mortgage receivable) Equity Fund Balance Unreserved TOTAL FUND BALANCE TOTAL LIABILITIES & FUND BALANCE ENERGY LOAN - DOWNTOWN LOAN FUND Statement of Revenues & Expenditures REVENUES Loan Repayments Other Revenue Interest earned TOTAL REVENUES EXPENSES Loan Downtown Grant Program Misc. Transfers TOTALEXPENSES Revenues over (under) expenditures Page 5 of 5 610,348 TOTAL 637,239 847,824 2,262 0 1,487,325 29,153 847,824 610,348 1,487,325 98,743 0 0 98,743 223,373 23,471 1,080 5,000 252,923 154,181 rl � a-) CJ Memorandum TO: Mayor and City C uncil PROM: Brenda K. Ewi ctor of Human Resources RE: Establishment of Position — Compost Site Lead Equipment Operator DATE: March 312005 The management of Creekside Compost has requested that a lead position be established for the facility, specifically, the position of Compost Site Lead Equipment Operator. The draft of the position description is herein attached for your review and consideration. The position includes the duties and responsibilities consistent with that of the Compost Site 40 structure Operator position with the addition of the lead worker responsibilities. Such a structure of equipment/maintenance operator and lead worker has also been established for the public works and park maintenance departments. The operator positions are grade 3 positions on the City of Hutchinson position classification table, and the lead positions, because of the added responsibilities, are grade 4 positions. Management is recommending that the lead position for Creekside is necessary to provide employee and work crew supervision to assist the Compost Site Supervisor and to provide oversight for shift scheduling. It is requested that the Council review and approve this request. If so approved, the position will be posted internally to seek applications from qualified, current employees. If you have any questions, I will be attending the March 8 Council meeting, Encl. q6)) Chy ofl. TITLE COMPOST SITE LEAD EQUIPMENT OPERATOR jobdesc162 3 -2005 DEPARTMENT CREEKSIDE COMPOST FACILITY SUPERVISED BY CREEKSIDE COMPOST SUPERVISOR SUMMARY THIS IS WORK OPERATING AND MAINTAINING EQUIPMENT AND LEAD WORK AT THE COMPOST SITE FACILITY DUTIES AND RESPONSIBILITIES Process product coming into the compost facility. a. Weigh hauler trucks entering the facility on the computerized scale. b. Transport yard waste for composting from off -site locations to Creekside with the semi tractor /trailer. c. Move source separated organics with the bobcat to the conveyer system. d. Mix separated organics with water and wood chips as required. e. Move in- vessel composting bins with the roll -off truck to the composting pads. f. Maintain records of incoming product for year -end reporting. g. Maintain windrows of product and keep records of all products being processed. 2. Assist with the composting operation, as directed by the Compost Supervisor: . a. Move compost materials to the compost pads and place in windrows. b. Operate the windrow turner. c. Take samples of the compost to the wastewater lab to be processed and tested. Maintain testing records of windrows, d. Move the compost with the front -end loader to the hopper in the bagging building. e. Screen and test finished product. Operate screener for custom screening jobs. 3. Assist with the bagging operation, as directed by the Compost Supervisor: a. Operate the bagging system via the computerized controls. b. Oversee the work of other bagging staff in the absence of the Compost Supervisor. c. Supply the bagging system materials with the front -end loader. d. Load bagged product for shipping on the semi - trailer. Operate forklift. e. Deliver product to the customer locations with a semi tractor /trailer. 4. Operate the horizontal grinder at the Creekside facility. Transport to and operate the grinder at off -site locations including all McLeod County Cities. 5. Perform routine maintenance and care of equipment and supplies. Clean compost facility buildings. 6. Lead Worker Duties and Responsibilities a. Lead work crews consisting of regular full -time, regular part-time, temporary and seasonal employees assigned to maintenance /operations duties. b. Participate in department planning activities. c. Make purchases on the department's behalf as authorized. d. Lead maintenance and operational projects /jobs for the department as assigned. 9c.�� 7. May operate the compost facility in the absence of the Compost Supervisor. 8. Perform snow removal activities for the City and at the compost site facility as required. 9. Perform related duties as required. EQUIPMENT All heavy and light equipment including, bobcat, forklift, front -end loader, roll -off truck, semi tractor /trailer, windrow turner, compost screener, grinder, bagging and mixing equipment, computerized compost bin system, computerized scale, radio communications equipment, and telephone. REQUIRED QUALIFICATIONS High school diploma or GED. Three to five years relevant equipment operation experience. Valid Class A Minnesota driver's license for semi operation. Certified composting certificate or the ability to obtain within one year of employment. Ability to provide leadership. DESIRABLE QUALIFICATIONS Training and experience in operation and maintenance of composting and other heavy and light equipment. Semi driving experience. Knowledge of composting operation. Physical strength and stamina. Demonstrated ability to gather data and advice, make appropriate decisions, derive consensus, and execute plans. Supervisory experience. Ability to work well with others or alone. Ability to work with and communicate with the general public and the waste haulers. Willingness to accept a variety of duties. WORKING CONDITIONS Full time position. Variable hours dependent upon work load with some rotating shifts for bagging operation. Generally S days per week, Monday through Friday, and up to b days per week during peak times (spring & fall). Inside and outside work in all weather. Required attendance at scheduled department meetings. Grade 4 Position p}p March 1, 2005 City of Hutchinson Hutchinson Municipal Airport — Butler Field Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 2340971 To: Honorable Mayor and City Council members From: John Olson, Public Works Superintendent CC: John Rodeberg, Dir. of Public Works Subject: Draft Airport Minimum Standards for Aeronautical Activity I recommend adoption of the attached minimum standards. There have been several requests for development at the airport. Development is beneficial to both the airport and the community at large. To better prepare for development and to avoid questions that have arisen in the recent past, the Airport Commission and I have drafted and reviewed the attached Hutchinson Municipal Ai rt — Minimum Standards for Aeronautical Activity. To protect the significant investment the community has made in the airport, the document has been drafted to clearly explain what is expected of private developers, The document is crafted to provide opportunity, as well as level playing field for those seeking to develop at the airport. The document also recognizes the unique relationship that exists between the airport and the Fixed Based Operator, who uses City -owned facilities. Mr. Jim Lauer, a resident of Lynn Township and member the Joint Planning Commission, was Tight in describing the airport as a significant asset to the community. At the February 15 Planning Commission meeting, he explained the potential for development at the airport and encouraged us to consider defining commercial and private operations at the airport. This document does just that. Airport Commission members have reviewed the document and commented to me. There have only been a few questions brought to my attention regarding the document. These questions have received satisfactory responses. My thanks to Mr. Steven Wright, Airport Manager, City of Willmar for his help in drafting this document. LJ q (c) D RAFT Hutchinson Municipal Airport Minimum Standards for Aeronautical Activity Table of Contents Section Pecle # 1. Introduction and Purpose 2 2. Definitions 3 3. Minimum Standards for All Commercial Operators 4 4. Single Service Operator Requirements 6 4 -1 Fuel and Oil Sales 6 4 -2 FAR Part 121, Airline and Passenger Services 8 4 -3 Flight Training Activities 9 4-4 Aircraft Charter and Taxi 10 4 -5 Aircraft Engine /Accessory Repair and Maintenance 11 4 -6 Aircraft Storage 13 4 -7 Aircraft Lease and Rental 14 4 -8 Aircraft Sales 15 4 -9 Other Specialized Aircraft Services 16 5. Multiple Service Providers and Fixed Base Operators 17 5 -1 Multiple Service Providers 5 -2 Fixed Base Operators 6. Skydiving 19 7. Flying Clubs 20 8, Non- Commercial Aviation Fuel Usage 21 9. Conventional Hangar Ownership 22 10. Subleasing 23 11. Penalties 24 r1 q(C) INTRODUCTION AND PURPOSE r� u Section 1 The Hutchinson Municipal Airport has developed these Minimum Standards to create a level playing field for private and commercial activity on airport property. These Minimum Standards have been written under the direction of the Hutchinson Airport Commission. They were adopted by the Hutchinson City Council on It is the Hutchinson Municipal Airport's intent to allow commercial and private activities at the airport. The Hutchinson Municipal Airport intends to provide a fair and level playing field for any private or commercial activity that wishes to operate at the airport. LJ • `c-) DEFINITIONS Section 2 Aeronautical Services — Any service which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. Agreement — A negotiated set of standards, rates, and charges set between the owner and the operator. Airport — Means the Hutchinson Municipal Airport, Ken Butler Field, and all of the property, buildings, facilities and improvements within its boundaries, as identified on the Airport Layout Plan. Commercial Operations — any operation of an aircraft for compensation or hire, any services performed incidental to the operation of any aircraft for which a fee is charged or compensation received but does not include any operations of aircraft as common carriers by the federal government or the services thereto. (Shared expense flights as defined in the Federal Aviation Regulations are not considered commercial operations). FAA— Federal Aviation Administration FAR — Federal Aviation Regulation FBO — Fixed Base Operator Lease — The right to conduct commercial, aeronautical or agricultural activities on the airport as defined within the parameters of the established minimum standards. • Minimum Standards — Qualifications established herein by the airport Owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport. Multiple Service Providers — An operator that performs two or more services listed In Section 4 of these Minimum Standards. Owner — means the City of Hutchinson Operator — means any person, firm, partnership, corporation, association or group providing any one or a combination of aeronautical services to or for aviation users at the Airport. Primary Fixed Base Operator — an operator chosen by the owner through an RFQ process that assures a level of service in the city owned facility, This operator will be considered as a Multiple Service Provider, but assures a higher level of services. Private Conventional Hangar — a hangar, used for storage of aircraft owned by the hangar tenant that is not used for provision of commercial operations at the airport. Single Service Operator — An operator that performs only one of the listed services identified In Section 4 of these Minimum Standards. State — State of Minnesota (The airport's main contact is the Minnesota Department of Transportation, Office of Aeronautics). Tenant — A private person or party that Is under a written airport use agreement with the City of Hutchinson to perform an aeronautical activity on the Hutchinson Municipal Airport. C, J 9 (c) MINIMUM STANDARDS FOR ALL COMMERCIAL OEPRATORS Section 3 0 Provision of Land: In designing and operating the Hutchinson Municipal Airport, the airport commission and airport staff have provided land for: (1) tenants to construct private conventional hangars to store aircraft; (2) tenants to provide aviation services defined as commercial, and (3) the City to construct its own facilities. Minimum Standards: The following standards shall apply to all Operators, with the exception of flying clubs whose complete list of standards are presented in the section which pertains solely to that type of operation. Leases: The most valuable resource of the Hutchinson Municipal Airport is land. The leasing of airport property will be based on a justified need of the tenant. Land shall be available on a first come, first serve basis. All leases shall be for a term to be mutually agreed upon between the operator and the City of Hutchinson for the purpose of conducting an aeronautical activity. Leases shall be periodically reviewed, as indicated in lease documents. The reviews shall be conducted in order to include the following areas: Operator's compliance to these Minimum Standards . Escalation of rates and charges based on a recognized economic index 2. Experience: An operator shall have the experience needed to conduct a service that it is capable of performing. The operator shall submit to the owner a statement of qualifications upon owner's request. It will be satisfactory if the operator has in a reasonable supervisory position, a person of such experience. Should an operator not have such experience, but can demonstrate to the owner's satisfaction that they have had equivalent related experience or training, such will be deemed acceptable. The operator shall submit a letter of intent detailing the services which they wish to provide, compliance with the relevant minimum standards as presented in this document, ratings and licenses that the organization will have and a general scope of the operation. 3. Any operator seeking to conduct aeronautical services at the airport must provide the owner a letter of financial integrity, to the owner's satisfaction, from a bank or trust company doing business in the area, or other such source that may be readily verified through normal banking channels. Other items that the operator shall submit to the owner include: Experience in airport operation and maintenance -� Aviation licenses or certificates held A business plan including a view of promotion at a general aviation airport Location of residents during the past five years -c Three personal or professional references 4. The owner requires the operator to include the City of Hutchinson as an additional . insured and stipulates the operator hold harmless the City of Hutchinson in all action against it. 5. Each lease for ground space and contract for business at the airport entered into by the City of Hutchinson shall include each of the following provisions as are required by the State and Federal governments: Fair and Nondiscriminatory Provisions -� Affirmative Action Assurances Civil Rights Assurances Nonexclusive Rights Provision -� Other mandated provisions The most current amendment or form of such mandatory lease provisions shall be obtained from the State or Federal governments and shall be included in each lease at the time of execution. 6. All operators shall have the right in common with others so authorized, to use common areas of the airport including runways, taxiways, aprons, roadways, floodlights, landing lights, signals, and other conveniences of the take -off, flying and landing of aircraft. 7. Any construction by any operator shall be in accordance with design and construction requirements of the City of Hutchinson, State of Minnesota, Federal regulations and any other applicable codes. All plans and specifications shall be submitted to the City of Hutchinson for approval. 8. All operators shall have access to the main terminal, ramp area, and parking area for customer access. Each single - service section identified in Section 4 of these Minimum Standards will designate the need of public parking spaces,. hangar areas, and ramp areas for each individual facility. 9. These Minimum Standards shall be reviewed on a periodic basis and adjusted, if necessary, to reflect changes of the airport environment. The owner will accept input from operators as it relates to these Minimum Standards. 10. All present operators conducting operations on the Hutchinson Municipal Airport prior to the installation of these minimum standards may be allowed to continue operations without fully complying with them. This will permission will be provided only if the owner determines that the operator's continued operation is in the best interest of the Hutchinson Municipal Airport and that the operation is not in violation of any airport regulations. At the termination of the operator's present lease, all existing operators or tenants will be required to comply with these minimum standards. 11. All operators shall be required to have their service available at least eight (8) hours per day, five (5) days per week. Individual hourly requirements can be found in each single -service section. q1 C) 12. Commercial Operator's License: All operators are to obtain a commercial operating w license from the Minnesota Department of Transportation, Office of Aeronautics prior to the provision of service at the Hutchinson Municipal Airport. Each commercial operator must be compliant with the Minnesota Department of Transportation's Aeronautics Rules Chapter 8800. A copy of the rules can be obtained by the following address: Minnesota Department of Transportation Office of Aeronautics 222 East Plato Boulevard Saint Paul, MN 55107 -1618 1 -800- 657 -3922 0 1(�) SINGLE SERVICE OPERATOR REQUIREMENTS Section 4 . 4 -1 FUEL AND OIL SALES STATEMENT OF CONCEPT: Fuel and Oil Service Providers are divided into two categories: self - service credit card facility and full - service fuel facility. Both categories include the sale and into plane delivery of recognized brands of aviation fuels, lubricants, and other related aviation petroleum products. MINIMUM STANDARDS: Ownership of fuel facilities: The owner shall have exclusive ownership of its own fueling facilities. Fuel and Oil Service Providers shall enter into agreements with the City of Hutchinson for providing fuel and oil services, either as a self - service credit card facility or a full- service fuel facility. The City of Hutchinson retains the right and privilege of making distinctions between types of fuels, oils and services in those agreements in keeping with the best interest of the City of Hutchinson. Installations of fueling facilities owned and operated by service providers shall be upon land leased for the installation of fuel tanks in compliance with all local,. state, and federal laws for the purpose of selling Avgas (10DLL) and /or Jet fuel. 2. Fuel Flowage and Record Keeping: Fuel and Oil Service Providers must keep records of fuel flowage during routine inspections. Every month, a fuel flowage fee will be charged based on the volume of fuel sold. The operator shall be responsible for automatic payment of the fuel flowage fee, which is due on the 15"' day of each month. The owner may amend these minimum standards by agreement with a • specified Fuel and Oil Service Provider. 3. Minimum Space Requirements: Self Service Credit Card Facility. Land shall be leased from the City of Hutchinson in order to accommodate space for the installation of fuel tanks, ramp space sufficient for aircraft fueling operations, and shelter for monitoring equipment. Full - Service Fuel Facility Land shall be leased from the City of Hutchinson in order to accommodate space for the installation of fuel tanks, ramp space sufficient for aircraft fueling operations, shelter for monitoring equipment, public restrooms, public waiting areas (with public phone service), and employee office areas. 4. Equipment Requirements: Each Fuel and Oil Sales facility shall make available two fire extinguishers per fuel tank installed. An emergency shut -off switch shall be located in a conspicuous place and easily accessible to the self -service customer. A procedure for spill prevention shall be placarded and materials shall be supplied to the customer in order to comply with the procedure. Each fuel pump shall be equipped with a properly installed aircraft bonding wire in order to prevent any aircraft refueling accidents. 5. Insurance Requirements: . Airport General Liability: $500,000 Combined Single Limit including $100,D00 per person Products Liability: $500,000 Combined Single Limit including $100,000 per person Hangar Keepers Liability ": $100,000 Each Aircraft, $300,000 Each Occurrence "Protects the insured against claims for aircraft physical damage which result from the insured's care, custody or control of an aircraft that the insured doesn't own. Each commercial operator shall advise each individual customer as to whether or not they are specifically covered under the operator's insurance policy and the type and extent of coverage, if any. 6. Service Requirements: Self- Service Credit Card Facility. The operator shall keep and maintain the fuel tanks and pumping equipment in good working order. Each system installed shall be self- inspected daily in order to provide clean and safe fueling products. Full- Service Fuel Facility. The operator shall provide such minor repair service that does not require a certificated mechanic rating. Cabin services to general aviation aircraft that may be performed efficiently on the ramp or apron - parking area shall be provided, but only within the premises leased to the Operator. 7. Personnel Requirements: Self- Service Credit Card Facility. The operator shall provide at least one (1) on -call person responsible to act on behalf of the operator in order to provide customer service. At least one (1) person shall come on -site everyday in order to inspect the fuel tanks, and associated pumping equipment. Each individual operator is responsible for quality control, and safety of the fueling facility. Full- Service Fuel Facility The operator shall provide at least one (1) full -time employee during the regularly scheduled business hours. who is qualified and_.... properly trained to dispense aircraft fuel in a safe manner. B. Grant of Inspection: The operator gives the right to inspect all fuel operations to the owner. Owner retains the right to recommend and impose corrections to be made by fuel operator, Any item deemed unsafe will cause an order to cease fueling operations until the problem can be corrected at operator's expense. 9. Emergency Procedures, Safety and Training: All Fuel and Oil Service Providers must have in place an approved emergency procedure in the event of fuel spillage, fuel fire, or accident. A copy of the emergency procedure shall be on file at the Airport Manager's office. All personnel involved in the fueling of aircraft shall be trained in appropriate fire, rescue and emergency procedures. Training shall take place annually by a Federal Aviation Administration approved course. L.� 10. Responsibility: All Fuel and Oil Service Providers shall be responsible for all refueling operations, and associated fuel spills, fuel leaks or fuel - related accidents. Each provider will be responsible for reporting spills and cleaning up all areas that have been contaminated with fuel. The City of Hutchinson claims no responsibility for any type of fuel spill, fuel leaks, or accidents occurring on leased premises of each fuel provider or as a result of their activities. • U) 4 -2 FAR PART 121. AIRLINE AND PASSENGER SERVICES STATEMENT OF CONCEPT: An airline and passenger service engages in the business of providing air transportation (persons or property) to the general public for hire on a scheduled basis as defined by FAR Part 121. MINIMUM STANDARDS: 1. Equipment: the Operator shall furnish all equipment and facilities associated with the daily operation of the air service. Items include, but are not limited to the following: Airline Ramp Operations Aircraft Tugs — Baggage Carts — Deicing Equipment — Ground Power Units — Safety Equipment Maintenance Equipment such as tire repair and oxygen Passenger Accommodations —t Passenger loading ramps /steps (if needed) Office Areas — Flight crew planning room Worker lounge and restrooms . — Service desk with airline computers, and check in capability Note: Ground Services and Equipment may be provided under written contract with another service provider on the premises of the Hutchinson Municipal Airport that has an agreement with the City of Hutchinson. 2. Operations Area: The operator shall lease from the City of Hutchinson an area that is set aside for the purpose of airline operations in the main terminal. A negotiated rent will be established upon leasing the space. The operator will be responsible for the cleanliness and maintenance of all leased areas. The size and number of aircraft will determine the required ramp space. 3. Fees and Charges: A landing fee will be charged for the use of the airport runways for the purpose of maintaining runway surfaces and other airport facilities. The landing fee shall be adjusted according to aircraft weight. 4. Airline and Cargo companies needing FAR Part 139 certification (Aircraft operating over 30 seats) shall provide to the City of Hutchinson a written notice of their intent to provide service at least six (6) months in advance prior to scheduled air service. The Hutchinson Municipal Airport is not certified under FAR Part 139 at this point due to lack of service. The Federal Aviation Administration will certify the airport prior to scheduled passenger or cargo services at the airport. 5. FAR Part 107 (Airport Security): Each airline is responsible for complying with the provisions of FAR Part 107 (Airport Security). r 1 LJ 9 (C) 4-3 FLIGHT TRAINING ACITIVITIES • STATEMENT OF CONCEPT: A flight training Operator engages in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and provides such related ground school instruction as a necessary preparation to taking a written examinations and flight check rides for the category or categories of pilots' licenses and ratings involved. MINIMUM STANDARDS: 1. Space Requirements: The flight- training operator shall provide a building to provide a learning environment for aviation. A hangar shall be constructed in order to store all planes owned or under written lease. Space requirements include a classroom/flight briefing room, flight planning room, public restrooms, access to phone services, and office /lounge areas. 2. Aircraft Requirements: The flight- training operator shall have available for use in flight training, either owned or under written lease to the operator, not less than one properly certificated aircraft. The aircraft must be certified for flight under instrument flight rules. The Hutchinson Municipal Airport recommends the use of a flight simulator for the benefit of the operator and customer. 3. Insurance Requirements: The minimum insurance coverage for each aircraft shall be of the following types and amounts (MnDOT Aeronautics Rules 8800.3300): . $75,000 per passenger seat for passenger liability $100,000 per person $300,000 per occurrence for bodily injury, excluding passengers $100,000 per plane for property damage 4. Staffing and Hours of Operations requirements: The Operator shall be open and services shall be available eight (8) hours daily, five (5) days a week during the months between April and November. Due to poor weather conditions at the airport during the months between November and April, staffing may be reduced to part - time. The Operator shall make provision for someone to be In attendance in the office at all times during the required operating hours. On call service shall be provided year round to those students who may need to operate after hours. The Operator shall have available on a full -time basis (part-time in winter) at least one (1) flight instructor who has been properly certificated by the FAA to provide the type of training offered. 4-4 AIRCRAFT CHARTER AND TAXI STATEMENT OF CONCEPT: An aircraft charter business of providing air transportation (persons hire, either on a charter basis or as an air taxi Aviation Regulations MINIMUM STANDARDS: and air taxi Operator engages in the or property) to the general public for operator, as defined by the Federal Minimum Space Requirements: The aircraft charter facility shall make available to the customer; public restrooms, waiting lounge, ticketing /check -in counter, and access to phone facilities. A hangar shall be constructed in order to store all aircraft owned or under written lease to the operator. The aircraft could be stored in a subleased hangar provided by another tenant of the airfield that has an agreement with the City of Hutchinson. 2. Aircraft Requirements: The charter /air taxi operator shall have available for use at least one (1) aircraft certified under instrument rated flight rules for the purpose of air charter /air taxi. The aircraft must be either a high - performance aircraft or multi - engine. 3. Insurance Requirements: Airport General Liability: $500,000 Combined Single Limit including $100,000 per person Products Liability: $500,000 Combined Single Limit including $100,000 per person Hangar Keepers Liability. ": $100,000 Each Aircraft, $300,000 Each Occurrence "Protects the insured against claims for aircraft physical damage which result from the insured's care, custody or control of an aircraft that the insured doesn't own. Each commercial operator shall advise each individual customer as to whether or not they are specifically covered under the operator's insurance policy and the type and extent of coverage, if any. 4. Staffing and Hours of Operations requirements: The Operator shall be open and services shall be available eight (8) hours daily, five (5) days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. On call service shall be provided to those passengers who need service after hours. The Operator will have in its employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner, but never less than one person who is a FAA certificated commercial pilot compliant with FAR Part 135 and otherwise appropriately rated to permit the flight activity offered by the Operator. The operator shall have in its employ at least one person who is certificated to dispatch all Charter operations. 5. FAR Part 135: The operator shall comply with FAR Part 135. 4 -5 AIRCRAFT ENGINE /ACCESSORY REPAIR AND MAINTENANCE • STATEMENT OF CONCEPT: An aircraft engine /accessory repair and maintenance operator provides one or a combination of airframe, engine and accessory overhauls and repair service on the aircraft up to and including business jet aircraft and helicopters. This category shall also include the sale of aircraft parts and accessories, but such is not an exclusive right. If there is another repair and maintenance facility on the airfield, then one facility may specialize in single engine, piston repair, and another may specialize in jet aircraft repair. MINIMUM STANDARDS: Minimum Space Requirements: In order to operate as an aircraft engine /accessory repair and maintenance facility, the operator must have access to a building or available shop maintenance facility located on the airport. The building or shop maintenance facility shall include the following rooms: public restrooms, waiting lounge, and access to phone facilities. The maintenance repair shop shall build an office area, an employee break area, a parts and machine room, equipment storage, and a hazardous materials room for its repair work in addition to customer facilities. 2. Equipment Requirements: The Operator shall provide sufficient equipment, supplies, and parts availability as required by the FAA relevant to the types of maintenance engaged in. 3. Insurance Requirements: The minimum insurance coverage shall be of the following types and amounts (MnDOT Aeronautics Rules 8800.3900 Subpart 3): — $100,000 per person — $300,000 per occurrence for premise hazard for bodily injury -ti $100,000 per occurrence for premise hazard for property damage Products hazard insurance shall be carried Note: Each person who provides aircraft servicing, maintaining, and repairing shall advise his or her customer as to whether or not hangar - keepers insurance is in force and the extent of such coverage, if any. 4. Staffing and Hours of Operations requirements: The operator shall be open and services shall be available eight (8) hours daily, five (5) days a week. The operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. The operator shall have in its employ and on duty during the appropriate business hours at least two people. One person must be currently certificated by the FAA with ratings appropriate to the work being performed, and must hold an airframe, power plant, or aircraft inspector rating. The second person may be an apprentice who is not necessarily rated. 11 9 (C� Staff shall have access to one supervisor on duty that is responsible for the operation . of the maintenance facility. All work areas will be operated in a safe, efficient manner according to OSHA standards. If there is a potential for the human element to come in contact with hazardous materials, proper ventilation shall be installed to protect the health and efficiency of the workers, The owner will require a maintenance operator to keep all work areas free from danger, and the operator will allow airport management to inspect the facility once every four months. 5. The operator of an ongoing airport repair station is not required to certify itself under the provisions of C.F.R. Part 145, but is advised to analyze the possibilities of becoming a C.F.R. Part 145 airport repair station. 0 q �� 4-6 AIRCRAFT STORAGE • STATEMENT OF CONCEPT: An aircraft storage Operator engages in the rental of conventional hangars or multiple T- Hangars to provide storage for aeronautical purposes. u ►I�tP kj k,l��1�lUl a�b� 1. Minimum Space Requirements: The aircraft storage Operator shall make available for lease, hangars to accommodate privately owned aircraft. Electricity shall be installed in each hangar unit. Building Area Conventional Hangar Space 2000 square feet (40' x 50' hangar) T- Hangars 10 Unit T- Hangar Parking Area Auto one stall per aircraft 2. Insurance Requirements: Airport General Liability: $500,000 Combined Single Limit including $100,000 per person Products Liability: $500,000 Combined Single Limit including $100,000 per person Hangar Keepers Liability': $100,000 Each Aircraft, $300,000 Each Occurrence • *Protects the insured against claims for aircraft physical damage which result from the insured's care, custody or control of an aircraft that the insured doesn't own. Each commercial operator shall advise each individual customer as to whether or not they are specifically covered under the operator's insurance policy and the type and extent of coverage, if any. 3. Staffing and Hours of Operations: The aircraft storage operator shall have facilities available for the tenant's aircraft removal and storage twenty -four (24) hours per day, seven (7) days per week, fifty -two (52) weeks per year. All maintenance of the hangar buildings will be the responsibility of the storage operator. The operator shall demonstrate that it can provide sufficient personnel trained to meet all requirements for the storage and handling of aircraft with the appropriate equipment. 4. Access for Airport Management: The Airport Manager shall be provided a key In order to access all storage facilities in times of emergency (for example: Shutting down an emergency locator transmitter). The Airport Manager retains the right to inspect all hangars as indicated in lease documents. q (C) 4 -7 AIRCRAFT LEASE AND RENTAL . STATEMENT OF CONCEPT: Any person renting or leasing aircraft or offering to rent or lease aircraft for hire or compensation shall be deemed to be in the business of renting or leasing aircraft and must have an endorsement on his or her commercial operations license certifying his or her authority to engage in such activity, except that no commercial operations license shall be required of a person who owns aircraft and leases or rents aircraft to a party who holds a commercial operators license. MINIMUM STANDARDS: Minimum Space Requirements: The aircraft lease and rental facility shall make available to its customers a waiting room, public restrooms, and access to telephone. The aircraft lease and rental operator shall construct a hangar in order to store all aircraft owned by the operator. 2. Aircraft Requirements: The operator shall have available for rental, either owned or under written lease to operator, not less than two (2) certified and currently airworthy aircraft. One (1) must be a four -place aircraft and at least one (1) must be equipped for and capable of flight under instrument weather conditions. Aircraft shall not be used for the purpose of flight training unless Operator complies with the standards set forth in the Flight Training Activities portion of this document. 3. Insurance Requirements: The minimum insurance coverage for each aircraft shall be . of the following types and amounts (MnDOT Aeronautics Rules 8800.3600 Subpart 4): — $75,000 per passenger seat for passenger liability — $100,000 per person — $300,000 per occurrence for bodily injury, excluding passengers — $100,000 per plane for property damage Note: Each commercial operator who rents or leases aircraft shall advise the renter pilot or lessee as to whether or not they are specifically covered under the flight school's insurance policy and the type and extent of coverage, if any. The commercial operator must then obtain a signed statement of acknowledgement of this disclosure from the renter pilot or lessee. 4. Staffing and Hours of Operations requirements: The Operator shall be open and services shall be available eight (8) hours daily, five (5) days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. It is recommended to provide on call service to pilots that may have a need to operate after business hours. The Operator shall have in its employ, and on duty during the appropriate business hours, a minimum of one (1) person having a current FAA commercial pilot certificate with appropriate ratings, including instructor rating. 11 q 6� 4 -8 AIRCRAFT SALES • STATEMENT OF CONCEPT: An Aircraft Sales Operator engages in the sale of new aircraft through franchises or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or used aircraft; and provides such repair, services, and parts as necessary to meet any guarantee or warranty on aircraft sold. MINIMUM STANDARDS: 1. Space Requirements: The aircraft sales facility shall provide to its customers public restroom, lounge area, telephone facilities, conference room, and display area that are in compliance with the City of Hutchinson Building Code. If warranty service is not contracted out to another provider on the airfield, then the operator shall construct a hangar facility to conduct warranty service. 2. Service Requirements: The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period (The repair and servicing may be contracted out to a certified repair and maintenance facility on the airfield). The Operator who is engaged in. the business of selling new aircraft shall have available at least one single engine demonstrator. 3. Dealers Permit and Sales Tax Number: A person involved in the sale of aircraft must have a Dealers Permit and Sales Tax Number and must comply with all state and local regulations. • 4. Insurance Requirements Airport General Liability; $500,000 Combined Single Limit including $100,000 per person Products Liability: $500,000 Combined Single Limit including $100,000 per person Hangar Keepers Liability`: $100,000 Each Aircraft, $300,000 Each Occurrence *Protects the insured against claims for aircraft physical damage which result from the insured's care, custody or control of an aircraft that the insured doesn't own. Each commercial operator shall advise each individual customer as to whether or not they are specifically covered under the operator's insurance policy and the type and extent of coverage, If any. 5. Staffing and Hours of Operations requirements: The operator's services shall be available eight (8) hours daily, five (5) days a week. The Operator shall have in its employ, and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner. The Operator shall also maintain, during all business hours, a responsible person in charge to supervise the operations with the authorization to represent and act for and on behalf of the Operator, and provide check ride pilots for aircraft sold. Check ride pilots may be contracted out with a • flight school based on the Hutchinson Municipal Airport. vq 4 -9 OTHER SPECIALIZED AIRCRAFT SERVICES . STATEMENT OF CONCEPT: Other specialized services offer a single service to the aviation consumer. Examples of a specialized service include aerial spraying or dusting, an aircraft upholstery shop, painting facility and an avionics shop. MINIMUM STANDARDS: 1. Space Requirements: All operators must construct spaces that will accommodate the level of service that they provide. Public restrooms, access to phone, and waiting /lounge areas are all spaces that need to be included in each facility. 2. Insurance Requirements Airport General Liability: $500,000 Combined Single Limit including $100,000 per person Products Liability: $500,000 Combined Single Limit including $100,000 per person Hangar Keepers Liability *: $100,000 Each Aircraft, $300,000 Each Occurrence *Protects the insured against claims for aircraft physical damage which result from the insured's care, custody or control of an aircraft that the insured doesn't own. Each commercial operator shall advise each individual customer as to whether or not they are specifically covered under the operator's insurance policy and the type and extent of coverage, if any. 3. Staffing Requirements: The Operator shall be open and services shall be available eight (8) hours daily, five (5) days a week. The operator shall make available one person who has the responsibility and authorization to act for and on behalf of the operator. Staff shall have access to one supervisor on duty that is responsible for the operation of the facility. All work areas will be operated in a safe and efficient manner according to OSHA. If there is a potential for the human element to come in contact with hazardous materials, proper ventilation shall be installed to .protect the health and efficiency of the workers. The Owner will require a maintenance operator to keep all work areas free from danger, and will allow Airport Management to inspect the facility as indicated in lease documents. 4. Equipment: The operator shall provide necessary equipment to perform specialized duties of each operation. 5. Operators performing Aerial Spraying or Dusting must provide service in compliance with MnDOT Aeronautics Rules 8800.3800. A specified area shall be designated, and all chemical operations shall be performed in a contained area away from all other airport operations. n 9(9 lJ 0 0 5. MULTIPLE SERVICE OPERATOR and FIXED BASE OPERATOR Section 5 5.1 MULTIPLE SERVICE OPERATOR STATEMENT OF CONCEPT: A multiple service operator engages in two or more of the aeronautical services previously listed in Section 4 of this document. ull�l�1�7_1:7�iC?q Space Requirements: The Multiple Service Operator /FBO shall provide to its customer's; public restrooms, lounge area, telephone facilities, and customer service desk. Spaces shall be designed in conformance to the City of Hutchinson Building Code. 2. Service Requirements: The Operator shall comply with the aircraft and hangar requirements, including the equipment thereon for each aeronautical service to be performed, except that multiple uses can be made of all aircraft with the exception of aircraft used for crop dusting, aerial application, or other commercial use of chemicals. 3. Insurance Requirements: The Operator shall obtain, as a minimum, that insurance coverage which is equal to individual insurance requirements of all the aeronautical services being performed by the Operator. 4. Staffing and Hours of Operations requirements: The Operator shall have in its employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards for each aeronautical service the Operator is performing as hereinbefore provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the Operator. All Multiple Service Operators shall make their services available eight (B) hours per day, five (5) days per week. Operations shall be available to customers needing after hours service. � (C-) 5 -2 FIXED BASE OPERATOR USING CITY FACILITY iThe City of Hutchinson will only enter into an agreement with one fixed Base Operator for use of the City -owned FBO facility at the Hutchinson Municipal Airport. This does not mean that the City will grant an exclusive right to this Fixed Based Operator for providing aeronautical service on the airfield. The City of Hutchinson will request qualifications from qualified service providers every ten (1 p) years in order to provide a right to use the city -owned FBO facility. A review of the Fixed Based Operator's lease shall occur every three years. 1. Assured Duties: Since the Fixed Base Operator has an advantage over other single and multiple service operators, required duties shall be assured: aircraft rental, ramp service, fuel sales, repair and maintenance of based and transient aircraft. ❑ Aircraft Rental: The Fixed Base Operator shall have available for use for the purpose of renting, either owned or under written lease to Operator, not less than one properly certificated aircraft. The aircraft must be certified for flight under instrument flight rules. ❑ Fuel Sales: Appropriate grades of aviation fuel must be offered to all aircraft that regularly operate at the Hutchinson Municipal Airport. Unless provided by the airport owner, the FBO shall have a fixed fuel storage system that shall contain safety fixtures and filtration systems to ensure airline- type quality. The system shall be required to have an amount of gallons of storage for each type of fuel the FBO is required to provide, sufficient to satisfy . fuel demand in a timely manner. The storage system must include adequate fuel spill prevention features and containment capabilities. If the fuel farm location is located some distance from the Main terminal /FBO area, then it will be the responsibility of the FBO to provide the means to transport fuel to the aircraft. ❑ Flight Instruction: The Primary Fixed Base Operator shall assure that flight instruction will be provided at the airport. Flight instruction may be contracted out to a single service provider that would have rights to sublease a portion of the Main Fixed Base Operator Facility. ❑ Aircraft Charter Service: If required by agreement, on- demand charter service (FAR Part 135) shall be provided to the community for the purpose of transporting goods and people to and from the Hutchinson Municipal Airport, if these services are deemed to be in the best interest of the City of Hutchinson. ❑ Ramp Service: It is the responsibility of the Fixed Base Operator to provide adequate ramp service such as towing aircraft, inflating aircraft tires, washing aircraft windscreens, and recharging batteries. ❑ Repair and Maintenance of Based and Transient Aircraft: Maintenance shall be provided to based and transient aircraft in order to keep each aircraft flying in an airworthy manner. q(C) 2. Primary FBO Facility In order to comply with the above- mentioned duties, the City . of Hutchinson shall provide space in order for the FBO to perform each assured duty. Any other spaces needed by the FBO shall be constructed at the sole expense of the Primary Fixed Base Operator Facility. 3. Staffinq and Hours of Operations: The Operator shall have in its employ, and available or on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards for each aeronautical service the Operator is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the Operator. The Fixed base Operator shall make its services available eight hours per day, seven days per week. The FBO shall also be available to provide services outside of normal business hours, if requested in advance, or in response to unscheduled services. Note: The assured duties of the Primary FBO are not considered to be exclusive rights. Other tenants on the airfield have the right to provide the above- mentioned services in compliance with these Minimum Standards, The City of Hutchinson and the Hutchinson Municipal Airport reserves the right to reject any or all proposals. Agreements will be negotiated separately and in the City's best interest for the use of its Fixed Base Operator Facility. n U • vt (C) SKYDIVING Section 6 STATEMENT OF CONCEPT: A Skydiving Operator participates in the instruction and transportation of skydivers within the vicinity of the Hutchinson Municipal Airport. Aff AI-I IF12100251 -1 Due to the potentially hazardous conditions created by skydiving in the vicinity of a municipal airport, skydiving operations shall be determined on a case -by -case basis. Minimum standards for skydiving shall be set forth in agreements between the Skydiving Operator and the City of Hutchinson. 11 � CC� FLYING CLUBS Section 7 STATEMENT OF CONCEPT: In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including piloting, navigation, and an awareness and appreciation of aviation requirements and techniques, the category of Flying Clubs is incorporated into the Minimum Standards of the airport. All flying clubs desiring to base their aircraft and operate on the airport must comply with the applicable provisions of these Standards and Requirements. However, they shall be exempt from regular FBO requirements upon satisfactory fulfillment of the conditions contained herein. MINIMUM STANDARDS: a. The club shall be a nonprofit entity (corporation, association or partnership) organized for the express purpose of providing its members with an aircraft, or aircraft, for their personal use and enjoyment only. The ownership of the aircraft, or aircraft, must be vested in the name of the flying club (or owned ratably by all of its members). The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and replacement of its aircraft. b. Flying clubs may not offer or conduct charter, air taxi, or rental of aircraft operations. . They may not conduct aircraft flight instruction except for regular members, and only members of the flying club may operate the aircraft. No flying club shall permit its aircraft to be utilized for the giving of flight instruction to any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instructions, except when instruction is given by a lessee based on the airport and who provides flight training. Any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work on aircraft owned by the club and the club does not become obligated to pay for such maintenance work except that such mechanics and instructors may be compensated by credit against payment of dues or flight time. c. All flying clubs and their members are prohibited from leasing or.selling any goods or services whatsoever to any person or firm other than a member of such club at the airport except that said flying club may sell or exchange its capital equipment. q cC-) d. The flying club, with its permit request, shall furnish the airport management: a copy of its charter and by -laws, articles of association, partnership agreement or other documentation supporting its existence; a roster, or list of members, including names of officers and directors, to be revised on a semi - annual basis; evidence of insurance in the form of a certificate of insurance in the following minimum amounts: Public Liability ($100,000 1$50,000) per person; public liability ($300,000/$100,000) per accident; property damage ($100,0001$20,000), with hold harmless clause in favor of the airport, its officers and employees (10 days prior notice of cancellation shall be filed with airport management); number and type of aircraft; evidence that aircraft are property certificated; evidence that ownership is vested in the club; and operating rules of the club. The books and other records of the club shall be available for review at any reasonable time by airport management or his authorized agent. e. A flying club, at any airport controlled by this some airport management shall abide by and comply with all Federal, State and local laws, ordinances, regulations and the rules and regulations of this airport management. f. A flying club which violates any of the foregoing, or permits one or more members to do so, will be required to terminate all operations at all airports controlled by this airport management. A public hearing should be held for the purpose of considering such termination. g. The Flying Club must operate in compliance with Minnesota Department of Transportation Aeronautics Rules Chapter 8800.4100 through 8800.4600. E 0 q�� NONCOMMERCIAL AVIATION FUEL USAGE Section 8 • STATEMENT OF CONCEPT: A non - commercial aviation fuel user maintains fuel storage and transfer only for their own aircraft owned or leased for their exclusive use. l,ll21Ii!i III A&91_12. 1 WAN 13 1. At no time shall Lessee share, sub - lease, or in any other manner provide fuel or fueling facilities to any other tenant or any other aircraft except those aircraft owned or leased for the exclusive use of the tenant designated in the agreement. 2. Lessee shall comply with all local state and federal laws and regulations governing the installation, operation, and maintenance of all fueling facilities, equipment and dispensing trucks. 1 The Lessee shall lease land for the purpose of storing and dispensing fuel in order to perform fuel operations outside and away from any building, aircraft movement area, or persons on the airport. Aircraft fueling must not take place on active taxiways or aprons where aircraft could be prohibited movement to and from a runway. 4. All refueling equipment must have proper markings and identification visible to within 100 feet away. 5. The City of Hutchinson shall assume no liability, whatsoever, in the event of an aircraft accident to contamination of fuel from a non - commercial aviation fuel tank. All non - commercial fuel users shall assume responsibility of quality control for their own fuel. I (c), PRIVATE CONVENTIONAL HANGAR OWNERSHIP Section 9 STATEMENT OF CONCEPT: A private conventional hangar is constructed and owned exclusively.for the purpose of storing aircraft on airport property. Aircraft shall be used for personal instruction, business, or pleasure use. MINIMUM STANDARDS: 1. Land Lease: Land shall be leased from the City of Hutchinson for the purpose of constructing a private conventional hangar. 2. Building Requirements: A person interested in constructing a private hangar shall build space that is sufficient to house their personal aircraft. Construction of the hangar shall comply with all building codes of the City of Hutchinson. 3. Building Size: Minimum construction area shall be 2,000 square feet, with a minimum door width of 40 feet and minimum wall height of 12 feet. A parking area of a minimum size of 10 feet by 20 feet shall be constructed. 4. Hangar Color: All exterior colors of any trim, doors, and siding must be a tan color in the manufacturer's color closest to the tan color scheme of existing City of Hutchinson buildings. Roofing material shall be green color in the manufacturer's color closest to the green color scheme of existing City of Hutchinson buildings. Sample colors must be included with the application for building a private conventional hangar and be approved by the City of Hutchinson. . 5. Commercial Operations: A private conventional hangar may not be used to provide any commercial services conducted at the airport. Private conventional hangars are only for storing aircraft used for personal, business, or pleasure use. 6. Insurance coverage: Liability insurance coverage shall be obtained and kept in the amount of $250,000 - $500,000 during construction and shall be obtained and kept in the amount of $100,000 - $300,000 after construction. City of Hutchinson shall be named as an additional insured. �J �c�j SUBLEASING FROM ANOTHER COMMERCIAL OPERATOR Section 10 • MINIMUM STANDARDS: Prior to finalizing an agreement, the lessee and sub lessee shall obtain the written approval of the Airport Manager for the business proposed. Said sublease shall define the type of business and service to be offered by the sub lessee operator. The sub lessee operator shall meet all of the minimum standards established by the City of Hutchinson for the categories of services to be furnished by the operator. The minimum standards may be met in combination between lessee and sub lessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sub lessee that shall be used to meet the standards. 0 9(C) PENALTIES Section 11 Any person, party, firm or corporation who shall violate any of the provisions of these Minimum Standards shall be issued a written notice from the Hutchinson Airport Commission, and upon conviction thereof, be required to bring an operation into compliance within six months. If any person, party, firm, or corporation fails to bring an operation into compliance shall be punished by a fine of not less than $500, or more than $5,000 dollars. Each day's failure to comply with any of the provisions of these Minimum Standards will not be considered a separate violation. The City contact person for the Hutchinson Municipal Airport shall be as follows: Airport Manager Hutchinson Municipal Airport 1400 Adams St SE Hutchinson, MN 55350 320 - 234 -4219 iol sonOci. h utchinson.mm us J r� 9 (C) March 1, 2005 City of Hutchinson Hutchinson Municipal Airport — Butler Field Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Superintendent CC: John Rodeberg, Dir. of Public Works Subject: Request to Construct Private Conventional Hangar I recommend approval for City staff to draft and for the Mayor and City Administrator to sign a lease document with Joe and Cheryl Dooley for construction of a private conventional hangar. Joe and Cheryl Dooley have requested a lease to construct a private conventional hangar. The location they have chosen for their hangar is not in conflict with other requests. • They have submitted all information requested from the City, including: a. Provide a statement of proposed use for the private hangar b. Provide a concept drawing of the private hangar C. Provide a cost estimate, from a builder or building materials supplier I Letter of credit or other surety satisfactory to the Airport Commission that the applicant has the financial wherewithal to complete the project in a timely manner and is verifiable through normal banking channels. e. Provide a statement of intent to purchase insurance coverage at or above minimums described and have addressed other issues related to private conventional hangar construction outlined in Hutchinson Municipal imort — Minimum Standards for Aeronautical Activity Private conventional hangars cannot be used to provide any commercial services conducted at the airport. Private conventional hangars are only for storing aircraft used for personal, business or pleasure use. The placement of the hangar on public property will be under lease, which terms are agreeable to the Dooley's. U 9 (d) City of fliffi, Hutchinson City Center 111 ii N 5 350-2 22 `jNHutchinson, MN 55350.2522 320. 587.5151 /Fax 320.234-4210 714 , 2005 John Olson Public Works Superintendnet 1400 Adams St. SE Hutchinson, MN 55350 RE: Conditional Use Permit Approval Dear John: At its regular meeting of February 22, 2005, the Hutchinson City Council approved an amendment to the conditional use permit to expand the area at the Hutchinson Municipal Airport designated for construction of private storage hangars and to allow for pole -type construction of hangars. The Council also approved a private airport- related company to place a temporary trailer on airport property. Approval of the above - mentioned items is contingent upon the Planning Commission recommendation that includes the following: 1. The Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage (separate permits are required for signage). 2. Hangars must meet building codes. 3. The area approved for general private hangars is the first row only. Use of subsequent rows must come back to the Planning Commission for review. 4. Three -year limit on the property for the hangars to be constructed. 5. There is no water and sewer service to the property; thus connections into the existing on -site systems is required. 6. The hangars are not for repair of planes. 7. The office trailer is to be temporary for a period of 18 months from the date of approving resolution. 8. There must be emergency service accessibility to the hangars. 9. There should be additional screening done on the property. location and number should be determined by the Airport Commission and John Olson. The Council also adopted Resolution No. 12645 with the approval of the conditional use permits. A copy of this resolution is herein enclosed for your records. If you have any questions regarding this matter, please contact Julie Wischnack, Director of Planning, Zoning and Building Enforcement at City Center. Sincerely, OF HUTCHINSON Gary Plotz City Administrator Enclosure cc: Julie Wischnack • Printed m bcyckd pyw • n �� RESOLUTION NO. 12645 RESOLUTION APPROVING AN AMENDMENT TO THE CONDITIONAL USE • PERMIT TO EXPAND THE AREA AT THE HUTCHINSON AIRPORT DESIGNATED FOR CONSTRUCTION OF PRIVATE STORAGE HANGARS AND ALSO CONDITIONAL USE PERMIT CONSIDERATION TO ALLOW POLE TYPE CONSTRUCTION OF HANGARS. CONSIDERATION IS ALSO BEING REQUESTED FOR A PRIVATE AIRPORT RELATED COMPANY TO PLACE A TEMPORARY TRAILER ON AIRPORT PROPERTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS The City of Hutchinson Airport has submitted an amendment to Conditional Use Pemlit to expand the area to allow the construction of private general aviation hangars at the airport. Conditional Use Permit consideration would also be given to allow pole -type construction of hangars. Also included in the Conditional Use Permit is a request for placement of a temporary construction office trailer for an aviation - related business at the airport. LEGAL DESCRIPTION: Part of the Northeast Quarter (NE `/,) of Southeast Quarter (SE' /,) of Section 13, Township 116 North, Range 30 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at point • on the North line of said Northeast Quarter (NE 1/, ) of Southeast Quarter (SE 1/4), and point being the intersection of the Westerly 75' foot right -of -way line of Minnesota State Trunk Highway No. 15 with said North line of Northeast Quarter (NE ' /a ) of Southeast Quarter (SE 1/.), thence Westerly along saidNorth line ofNortheast Quarter (NE 1/4) of Southeast Quarter (SE V4) a distance of 1259.80 feet; thence deflect left at an angle of 117 degrees 22 minutes a distance of 743.17 feet; thence deflect left at an angle of 62 degrees 38 minutes and along a line parallel with the North line of said Northeast Quarter (NE 1/4) of Southeast Quarter (SE 1/4) a distance of 915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly along said R.O.W. 660.00 feet to the point of beginning. Tract contains 16.50 acres more or less. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: • 1. The Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage. (Separate permits are required for signage) (. Resolution No. 12645 City of Hutchinson Airport February 22,2005 Page 2 . 2. Hangars must meet building codes.. 3. The area approved for general private hangars is the first row only. Use of . subsequent rows must come back to the Planning Commission for review. 4. Three year limit on the property for the hangars to be constructed. 5. There is no water and sewer service to the property; thus connections into the existing on -site systems is required. 6. The hangars are not for repair of planes. 7. The office trailer is to be temporary for a period of 18 months from the date of approving resolution. 8. There must be emergency service accessibility to the hangars. 9. There should be additional screening done on the property. Location and number should be determined by the Airport Commission and John Olson. Adopted by the City Council this 22nd .day of February, 2005. MI4 M�� io . Gary b. Plo City Administrator Steven W. ..k Mayor go 0 February 27,2005 Hutchinson Airport Commission City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 Dear Gentlemen, We propose to build a 60' X 50' pre - engineered building at the Hutchinson Municipal Airport on a leased lot. The hangar will be for storage of our airplanes. The foundation of the building will be a monolithic slab and the hangar will be a pre - engineered, clear span system Sentinel building with a 50' X 14' BiFold USA overhead door. We also propose to install a 20' wide by 80' long ramp area in front of the hangar as • agreed upon with the City of Hutchinson airport manager. The total cost for the above building and ramp area is approximately $95,000. If you have any questions, please feel free to contact us. Thank you: - -. Sincerely, aloe and Cheryl Dooley 750 Harmony Lane . Hutchinson, MN 55350 320 - 587 -8469 q(d) CITIZENS SAND 8z TRUST CO. • February 25, 2005 City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 To Whom It May Concern: This letter is to confirm that Joe and Cheryl Dooley have made arrangements with Citizens Bank & Trust Co. to have sufficient funds available to build a 60' x 50' hanger at the Hutchinson Municipal Airport. If you need any additional information, please contact me at (320) 587 -2233. WOUN 9 Silk e , mothy B. Ulrich President 102 Main Street South • P.O. Box 339 • 14utehinson. Minnesota 55350 -0339 Phone 320/587 -2233 • FAX 3201587 -5738 - www.cbhutch_eonn CE On-Call 320/234 -6234 • Toii -Fran 888/234 -2910 • Member FDIC q (,I INAuto-Life-Health-Home MICHAEL R. MCGRAW, LIC # 22561 and Business • SOUTH STREET HUTCHINSON, MN 55350 PHONE (320) 587 -2565 FAX (320) 587 -2256 March 02, 2005 CITY OF HUTCHINSON 111 HASSAN ST SE HUTCHINSON, MN 55350 To Whom it may concern, Joe & Cheryl Dooley have approached me about obtaining Insurance for a Private hangar at the Hutchinson Municipal Airport. State Farm Insurance Companies has agreed to provide that Insurance at the following coverages at such time it is required; - Hangar $90,000 - Liability $1,000,000/$2,000,000 - Medical $5000/$25,000 - Deductible $1000 Please let me know if there is anything further you require from my office. Sincerely, W,v� Michael R. McGraw, Agent • 9 (d� LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND Joseph P. Dooley and Cheryl A. Dooley • This agreement, made this day of by and between the CITY OF HUTCHINSON (the "City ") and Joseph P. Dooley and Cheryl A. Dooley (the "tenant "), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows: 1. Lease of airport ro ert : The tenant leases from the City a private hangar lot, as described on a map available at the City Engineer's office. The lot is situated upon the Hutchinson Municipal Airport, Butler Field. an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on It. The lot is described in an attachment to, and a part of, this Agreement. 2, Use of the airport: The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or City governments. 3. Term of this agreement: The term of this lease is fifty (50) years. The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council. At the termination of this lease, if the tenant shall have desire to continue to have the above described premises, the tenant shall have the right of first refusal upon a new lease at the same price or rent and upon the same terms and conditions as any person acting in good faith would offer to lease the above described premises, 4. Lease payments: The tenant agrees to pay to the City: A sum of three cents ($0.03) per square foot, payable annually, as determined by the outside dimensions of the hangar and required appurtenances, to the nearest one -foot. Lease payments are due on or before November 1 of each year. The City reserves the right to negotiate or amend rates related to this lease no more than once bi- annually. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport. The City shall give rate revisions due regard to the value of the property leased, the Improvements used, and the expense to the City of the tenant's operations. Bi- annual rate increases shall not exceed five percent (5 %). Any rate revisions shall be adopted by the City Council. 5. Construction of peivate hangars on leased property: A) The tenant agrees that hangars shall be constructed at no cost to the City. In the event the tenant has not completed construction of the hangar on the leased premises within eighteen (18) months from the date of this agreement, the City may terminate the lease without further obligation to the tenant, B) Any hangar built upon leased property shall be constructed in compliance with applicable building codes. The hangar and any attachments and appurtenances thereto, excluding apron, ramps, parking areas, and driveways up to and associated with the hangar, must be located entirely upon the leased premises. 0 � W C) Tenants shall ensure hangars conform to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the hangar upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City. All construction shall be in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. E) Prior to construction of any hangar located on leased property, the tenant shall furnish to the City, for review and approval, the plans for the building, and provide the estimated cost of completing the building. The tenant shall provide the City with a letter of credit, bond or other security with a surety satisfactory to the City conditioned upon the commencement, completion of and payment for the construction of the building; and against loss or damage by reason of mechanics lien. The City may specify the acceptable type of surety. F) During construction of the hangar, the tenant and /or tenant's contractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance coverage before construction begins. The tenant and /or tenant's contractor shall protect the City from liability to persons or property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. During construction, minimum liability coverage shall be two hundred fifty thousand dollars ($250,000) per occurrence with five hundred thousand dollars ($500,000) aggregate. G) Tenants shall pay the entire cost of such construction, and shall pay the entire cost of utility services and other services for the hangar. The tenant shall pay all site improvement costs not provided by the City, including but not limited to, filling, grading, gravel, bituminous, concrete, utility installations, and any other improvements required to properly place the hangar on the leased property. H) Tenant shall construct a parking facility of approximately ten (10) feet from the front of each end of the building in manner as prescribed by the City of Hutchinson. 6. Use and maintenance of leased propertyt Tenants, at their own cost and expense, shall take good care of the leased property and any hangar placed thereon. A) Any hangar constructed shall be used primarily for the storage of registered and/or leased aircraft and for related aviation purposes. Approved uses of hangars Include aircraft and aircraft parts storage. Tenants may store no more than three non - aircraft motorized vehicles in hangars. Use of the hangar for purposes other than those described herein shall be described in writing and be approved by the City. Hangars placed on general aviation hangar lots are primarily for aircraft storage, so only very limited aviation- related business uses will be approved. Hangars placed on commercial hangar lots must also receive written approval by the City, but more broad aviation- related business uses will be allowed in commercial hangars. lases other than those described herein that are not approved by the City shall constitute a default on the tenant's part 9 (d) B) Tenants shall keep and maintain the property in good order and repair and in a clean and neat condition_ Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. B) Tenants may not store any property outside the building, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleum tanks, etc., provided such property is properly secured. C) The cost for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. D) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, snow removal in front of hangars is the tenant's responsibility. The City is not required to perform any snow removal . function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. E) Mowing and weed control immediately adjacent to the tenant's hangar are the . tenant's responsibility. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. The City may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. F) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's hangar. G) The tenant must allow the City to access to the hangar for the purpose of conducting inspections of the hangar to determine whether the tenant is complying with the provisions of this agreement, The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before - conducting compliance inspections. 7. Taxes assessments and other char es; A) In addition to other charges identified In this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that may be levied or assessed upon the tenant's property or hangar or any activity of the tenant. Upon request by the City, the tenant shall provide proof of such payment. B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased property during the term of this agreement. Upon request by the City, the tenant shall . provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or . other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. 8. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the hangar and associated properties placed upon the leased lot. The tenant shall obtain all required permits. The tenant shall have a period of ninety days (90 days) from the termination date to remove property. In the event the tenant cannot complete the removal within ninety days (90 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the ninety -day (90 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City may retain ownership of the building and property for any municipal purpose or cause the building to be removed at the tenant's expense. B) If the leased premises becomes deserted, abandoned or vacated, the City may terminate the laaSe- if tiie tenani c interest In the property Is ta'kan by process of law, the City may terminate the lease. If the buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the otherparty. q(d) C) Should the tenant default in the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease, Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt and/or personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant. In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. D) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City shall reimburse the tenant for all lease payments received from time the lease was signed until the property is vacated. The City shall provide the tenant with at least ninety -days (90 days) notice of such action. 9. Liability provisions: A). The tenant agrees to defend, Indemnify and hold harmless, including reasonable attomeys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, . including any claims by third parties. q(d) B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. After construction, minimum liability coverage shall be one hundred thousand dollars ($100,000) per occurrence with three hundred thousand dollars ($300,000) aggregate. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, State of Minnesota and/or the United States Govemment to legally comply with this agreement. 10. TransferrIna. subletting, selling: The tenant shall not transfer, sublet or sell any interest in this agreement or in the improvements located on the property without first obtaining the written consent of the City's Airport Advisory Commission, which consent shall not be unreasonably withheld. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. Discrimination provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. . 13. Laws rules and reaulatlons: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. q(d) 14, Venue for causes of action: The laws of the State of Minnesota shall govern this lease and the venue for any causes of action shall be McLeod County, Minnesota. . 15. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport — Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to the tenant: Joseph P. Dooley and Cheryl A. Dooley 750 Harmony Ln SW Hutchinson, MN 55350 CITY OF HUTCHINSON: Dated: By: (Steve Cook, Mayor) Attest; .,.- By: ,_ J C1 CJ (Gary D. Plotz, City Administrator) Dated:OS qr�) The tenant is leasing the northernmost sixty -foot wide by fifty -foot deep lot in the first row of private conventional general- aviation hangars, identified on the City's Airport Layout Plan. Appurtenances required for utility provision shall be placed upon leased space in a manner consistent with existing regulations. See attached map. 0 v- 9 (d) l-C- 60.25 62.26 -� N DRAIN LINE 335'@ 0.60% 6' 0.60% C� d) q �° 854 'RT O.E O . a a r 50'x 50 HANGAR HANGAR,-' D OP lA-so, FLOOR ELE = 61.46 FLOOR ELEV = 61.04 � a °`1v:Ailf4M,n� March 1, 2005 City of Hutchinson Hutchinson Municipal Airport — Butler Field Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Superintendent CC: John Rodeberg, Dir. of Public Works Subject: Request to Place Temporary Office Trailer —Life Link III Mobile Intensive Care Services I recommend approval for City staff to draft and for the Mayor and City Administrator to sign a lease document with Life Link III for placement of a temporary office structure on the airport for a period of 18 months. • At the February 15 Planning Commission meeting and at the February 22 City Council meeting, a conditional use permit was approved for Life Link M, a mobile intensive care service, to place a temporary structure at the airport to serve as their base for a period of 18 months, while considering a permanent facility. The temporary location of the office structure will be between the existing Civil Air Patrol building and the Electrical Distribution building to facilitate temporary connections to utilities, including electrical, telephone, water and sewer. Airport Commission members have expressed their support for bringing this important service to Hutchinson, as it will serve not only our community but our neighbors well. Having a staffed office on the airfield 24 -hours a day, 7 days a week will also be a great help for security issues at the airport. Attached is information regarding the project and a draft of the lease we intend to negotiate with Life Link III. Mr. Andrew Kirchoff, RN, President and CEO of Life Link M will be willing to make a presentation of the services his company provides, should the Council desire such a presentation. Life Link III has worked closely with Hutchinson Area Health Care (HAHC) in the past. HAHC staff has expressed their support to me for welcoming Life Link III to the community. • � (e) City V Iiutchinson City Center ..� 111 Hassan street 56 Hutchinson, MN 55350 -2522 320. 587- 5151/Fn 320- 234 -4240 br ary 23, 2005 John Olson Public Works Superintendnet 1400 Adams St. SE Hutchinson, MN 55350 RE: Conditional Use Permit Approval Dear John: At its regular meeting of February 22, 2005, the Hutchinson City Council approved an amendment to the conditional use permit to expand the area at the Hutchinson Municipal Airport designated for construction of private storage hangars and to allow for pole -type construction of hangars. The Council also approved a private airport- related company to place a temporary trailer on airport property, Approval of the above- mentioned items is contingent upon the Planning Commission recommendation that includes the following: 1. The Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage (separate permits are required for signage). 2. Hangars must meet building codes. 3. The area approved for general private hangars is the first row only. Use of subsequent rows must • come back to the Planning Commission for review. 4. "Three -year limit on the property for the hangars to be 'constructed. 5. There is no water and sewer service to the property; thus connections into the existing on -site systems is required. 6. The hangars s are not for repair of planes. 7. The office trailer is to be temporary for a period of 18 months from the date of approving resolution. 8. There must be emergency service accessibility to the hangars. 9. There should be, additional screening done on the property. Location and number should be determined by the Airport Commission and John Olson. The Council also adopted Resolution No. 12645 with the approval of the conditional use permits. A copy of this resolution is herein enclosed for your records. If you have any questions regarding this matter, please contact Julie W ischnack, Director of Planning, Zoning and Building Enforcement at City Center. Sincerely, OF HUTCHINSON Gary P lotz City Administrator Enclosure cc: Julie Wischnack Printed m mcrckd paper . q C{ RESOLUTION NO. 12645 RESOLUTION APPROVING AN AMENDMENT TO THE CONDITIONAL USE . PERMIT TO EXPAND THE AREA AT THE HUTCHINSON AIRPORT DESIGNATED FOR CONSTRUCTION OF PRIVATE STORAGE HANGARS AND ALSO CONDITIONAL USE PERMIT CONSIDERATION TO ALLOW POLE TYPE CONSTRUCTION OF HANGARS. CONSIDERATION IS ALSO BEING REQUESTED FOR A PRIVATE AIRPORT RELATED COMPANY TO PLACE A TEMPORARY TRAILER ON AIRPORT PROPERTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. The City of Hutchinson Airport has submitted an amendment to Conditional Use Permit to expand the area to allow the construction of private general aviation hangars at the airport. Conditional Use Permit consideration would also be given to allow pole -type construction of hangars. Also included in the Conditional Use Permit is a request for placement of a temporary construction office trailer for an aviation - related business at the airport. LEGAL DESCRIPTION: Part of the Northeast Quarter (NE ''/4) of Southeast Quarter (SE '/4) of Section 13, Township 116 North, Range 30 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at point . on the North line of said Northeast Quarter (NE '/4 ) of Southeast Quarter (SE '/4), and point being the intersection of the Westerly 75' foot right -of -way line of Minnesota State Trunk Highway No. 15 with said North line ofNortheast Quarter (NE 114) of Southeast Quarter (SE '/4), thence Westerly along said North line ofNortheast Quarter (NE 1/4) of Southeast Quarter (SE 114) a distance of 1259.80 feet; thence deflect left at an angle of 117 degrees 22 minutes a distance of 743.17 feet; thence deflect left at an angle of 62 degrees 38 minutes and along a line parallel with the North line of said Northeast Quarter (NE' /, ) of Southeast Quarter (SE 1/4) a distance of 915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly along said R.O.W. 660.00 feet to the point of beginning. Tract contains 16.50 acres more or less. 1 The. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions; as outlined below are met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: .I. The Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage. (Separate permits are required for signage) Resolution No. 12645 City of Hutchinson Airport February 22,2005 Paget . 2. Hangars must meet building codes. 3. The area approved for general private hangars is the first row only. Use of . subsequent rows must come back to the Planning Commission for review. 4.. Three year limit on the property for the hangars to be constructed. S. There is no water and sewer service to the property, thus connections into the existing on -site systems is required. 6. The hangars are not for repair of planes. 7. The office trailer is to be temporary for a period of 18 months from the date of approving resolution. 8. There must be emergency service accessibility to the hangars. 9. There should be additional screening done on the property. Location and number should be determined by the Airport Commission and John Olson. Adopted by the City Council this 22 d .day of Febivary, 2005. A • Gary D. Plo City Administrator CI Steven W. ... Mayor I ( -C) March 1, 2005 Andrew Kirchoff, RN Life Link III Mobile Intensive Care Services 3010 Broadway St NE Minneapolis, MN 55413 -1768 Dear Mr. Kirchoff: City of Hutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 First let me, on behalf of the Airport Commission, welcome you and your business to Hutchinson. We are looking forward to your tenancy at Hutchinson Municipal Airport —Ken Butler Field. I am sure this is just the kind of development Ken Butler had in mind when the airport opened for business forty years ago. At the February 22, 2005 City Council meeting, a conditional use permit (CUP) for placement o a . temporary trailer at the airport for 18 months was approved. Pursuant to your request for placement, airport staff has identified a number of issues that we would appreciate your cooperation with. I intend to provide the lease document to the City Council at their March 8 meeting for approval. Issues we have identified include: I) A lease document will be drafted to include the entire 18- months. The lease will be based upon an assumed building footprint is 20'x60', or 1,200 square feet at $0.06 per square foot per year. The charge for the lease will be $108 for the 18 -month term, payable upon execution of the lease. The fee will not be prorated if the trailer is removed prior to the end of the term. (LIFE LINK 111 LEASE DDCUMENT.dm ■ttuhed) 2) Any fees, charges, taxes, or other payments required either by the City on your behalf or by you, for operation of the business at the airport or installation of this temporary trailer, are your responsibility. 3) A damage deposit of $500 will be due upon execution of the lease. Upon satisfactory restoration of the site, the $500 will be refunded. 4) You will be required to get a building permit from the City's Building Department (contact: City Building Department at 320- 234A216). Contrary to our earlier discussions, at this point the City Building Official has indicated the need for handicapped accessibility to the structure. He has checked the status of the building against appropriate codes and has found the necessity for providing handicapped accessibility. A letter from him is forthcoming. 5) An area around the building will need to be kept clear to allow for emergency access by Fire, Ambulance, or Police services. 11 6) You must apply for a City sign perrnit if the size of a sign on your building exceeds 7 square feet in size. . 7) If you store fuel on the airfield, prior to the City providing appropriate fuel facilities, a separate agreement with the City will be required, as indicated in the City's minimum standards document. 8) The temporary trailer should be placed at generally equal distance between the Civil Air Patrol (CAP) building and the Electrical Distribution Building (EDB). If necessary, the trailer would be able to be moved east, closer to EDB. The northerly edge of the building should be offset from the road no less than the CAP building is. 9) The CUP requires connection to water and sewer services. Attached are as -built drawings of available service. You may connect directly to the water and sewer services of the CAP building. The charge for water and sewer services will be $311.60 for the 18 -month period. This fee is based upon 3,000 gallons per month using current water rates of $2.0011,000 gallons; sewer rates of $3.40/1,000 gallons; and $20.40 for water softening, payable upon execution of the lease. The fee will not be prorated if the trailer is removed prior to the end of the term. 10) Temporary electrical service may be accessed through the EDB. An electrical sub meter must be installed, preferably placed on the outside of the EDB. Airport staff will read this meter monthly, and the City will bill you for services an a monthly basis based on your electrical consumption, using rates paid by the City to McLeod Cooperative Power Association, 11) If the building will be using LP gas for heating, cooking, etc., the LP tank must be placed generally south and east of the temporary trailer. It will be your responsibility to maintain access to the tank. The City will not supply the tank or LP gas. 12) Telephone connections may be accessed through the EDB. You will need to contact Hutchinson Telephone Company to supply the necessary hookups. You will be responsible for the connection . to telephone service and billings. 13) You must provide garbage service for your premises by private contract 14) Because of the large equipment generally used for snow removal and mowing at the airport, snow removal and mowing around the building site will be your responsibility. The City's intent is to remove snow and mow up to a safe distance from the building, considering the equipment used. Volunteers generally mow the area immediately around the temporary trailer site. They will be instructed to maintain a safe distance from the trailer. IS) Errtployees and visitors shall utilize the terminal parking area in common with other airport users. 16) Hutchinson Municipal Airport has an adopt -an- airport program. If you would like to volunteer some services you are willing to provide, we will provide a sign in common with other volunteer organizations at the entrance. Other signs, except that already described for placement on the building, will need to be requested through the Airport Commission. (continued on page 3) 0 9 (e 17) Restoration of the site upon termination of use shall include: . a. Trailer must be completely removed from the premises within 18 months from the date of the lease. b. Capping the sewer service at approximately one inch below grade with a metal cap so it can be located. c. Water service shall be restored by installing an appropriate freeze - protected water hydrant at a minimum height of 32" d. Removal of all footings, foundation work or other materials placed under or at grade. e. Topsoil shall be restored to a smooth grade, similar to the original condition. You are not required to sod. Place appropriate grass seed at the location upon restoration of the topsoil and grade. f. Removal of all temporary utility connections and restoration of &DB to its original condition, including sealing holes that were drilled in the building. g. Other items identified by airport management as being required to reasonably restore the site to its original condition. 11 LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND LIFE LINK III MOBILE INTENSIVE CARE SERVICES This agreement, made this _,day of �, by and between the CITY OF HUTCHINSON (the "City ") and Life Link III Mobile Intensive Care Services (the "tenant"), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows: 1. Lease of airport property: The tenant leases from the City a lot for the placement of a temporary office trailer, the lot being described on a map located at the City Public Works Department office. The lot is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on it. The lot is described in an attachment to, and a part of, this Agreement. 2, Use of the airport: The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or City governments. 3. Term of this agreement: The term of this lease is eighteen (18) months. The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council. 4. Lease loavments: The tenant agrees to pay to the City: A sum of six cents ($0.06) per square foot, payable annually, as determined by the. dimensions of the temporary trailer, assumed by agreement to be one thousand two hundred (1,200) square feet. Lease payments for the duration of the lease are due upon execution of the lease. The tenant shall pay $108.00 upon execution of the lease for the entire eighteen (18) month period. The lease payment shall not be refundable. The City reserves the right to negotiate or amend rates related to this lease. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport. The City shall give rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Rate revisions shall be adopted by the City Council. S. Placement of trailer on leased property: A) The tenant agrees that the trailer shall be placed at no cost to the City. In the event the tenant has not placed the trailer on the leased premises within six (6) months from the date of this agreement, the City may terminate the lease without further obligation to the tenant. B) Any trailer placed upon leased property shall be constructed in compliance with applicable building codes. The trailer and any attachments and appurtenances thereto, excluding apron, ramps, parking areas, and driveways up to and associated with the hangar, shall be considered as being located entirely upon the leased premises. C) Tenant shall ensure the trailer conforms to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the trailer upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City. Placement of the trailer and construction of associated utilities shall be in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. E) Prior to placement of the trailer on leased property, the tenant shall furnish to the City, for review and approval, the plans for the building, and provide the estimated cost of completing the building. The tenant shall pay to the City a damage deposit of $500.00, refundable upon termination of the lease and satisfactory restoration of the lot and associated utility construction. A list of conditions for satisfactory restoration are attached and made a part of this agreement. F) During placement of the trailer, the tenant and/or tenant's contractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance coverage before construction begins. The tenant and /or tenant's contractor shall protect the City from liability to persons or property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. G) Tenants shall pay the entire cost of such construction, and shall pay the entire cost of utility services and other services for the trailer. The tenant shall pay all site improvement costs not provided by the City, including but not limited to, filling, grading, gravel, bituminous, concrete, utility Installations, and any other improvements required to properly place the trailer on the leased property. H) The tenant is required to connect to water and sewer utilities on the premises. The tenant shall pay $312.00 for water and sewer utility services upon execution of this agreement. The water and sewer service charge shall be for the entire duration of the lease and shall not be refundable upon termination of the lease. 6. Use and maintenance of leased property: Tenant, at their own cost and expense, shall take good care of the leased property and any facilities placed thereon. A) Any trailer placed shall be used primarily for the conduct of mobile intensive care services. Use of the premises for purposes other than those described herein shall be described in writing and be approved by the City. Uses other than those described herein that are not approved by the City shall constitute a default on the tenant's part. C� 9 (t) B) Tenants shall keep and maintain the property in good order and repair and In a clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. B) Tenants may not store any property outside the building, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleum tanks, etc., provided such property is properly secured. C) The cost for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. D) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions in whatever manner It deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, snow removal immediately adjacent to the tenant's premises is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. E) Mowing and weed control Immediately adjacent to the tenant's premises are the tenant's responsibility. The City reserves the right to perform mowing and weed control functions In whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. The City may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. F) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City Intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's hangar. G) The tenant must allow the City to access to the premises for the purpose of conducting inspections of the hangar to determine whether the tenant is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes, assessments, and other charges: A) In addition to other charges identified in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that may be levied or assessed upon the tenant's business, property or premises, or as a result of any activity of the tenant. If the City incurs costs on the tenant's behalf, those costs shall be billed to the tenant. Upon request by the City, the tenant shall provide proof of such payment. C-] 9 (-C-) B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased property during the term of this agreement. The tenant shall install an appropriate electrical meter and pay billings for electrical service prepared by the City, based upon rates paid to the electrical service provider by the City. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or other charges due, the City shall notify the tenant of the default. If the tenant falls to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. 8, Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the trailer and associated properties placed upon the leased lot. The tenant shall obtain all required permits and regulatory authority. The tenant shall have a period of thirty days (30 days) from the termination date to remove property. In the event the tenant cannot complete the removal within thirty days (30 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the thirty -day (30 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City may retain ownership of the building and property for any municipal purpose or otherwise cause the building to be removed at the tenant's expense. B) If the leased premises becomes deserted, abandoned or vacated, the CRy may terminate the lease. If the tenant's interest in the property is taken by process of law, the City may terminate the lease. If the buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default In the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt and /or personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant. In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. Penalties described in the current approved version of Hutchinson Municipal Airport — Minimum Standards for Aeronautical Activity maybe imposed as described. D) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City shall reimburse the tenant for all lease payments received from time the lease was signed until the property is vacated. The City shall provide the tenant with at least ninety -days (90 days) notice of such action. • 9(c.) 9.Liability provisions: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. At a minimum, the tenant shall provide Airport General Liability: $500,000 Combined Single Limit including $100,000 per person, and Products Liability: $500,000 Combined Single Limit $100,000 per person. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, State of Minnesota and/or the United States Government to legally conduct operations at Hutchinson Municipal Airport and to comply with this agreement. 10. Transferrina, sublettin selling: The tenant shall not transfer, sublet or sell any Interest In this agreement or in the improvements located on the property without first obtaining the written consent of the City's Airport Commission, which consent shall not be unreasonably withheld. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. Discrimination provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. 13. Laws, rules and regulations: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. 9 C� (k) 0 14. Venue for causes of action: The laws of the State of Minnesota shall govern this lease and the venue for any causes of action shall be McLeod County, Minnesota. 15. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport — Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to the tenant: Andrew Kirchoff, RN, President & CEO Life Link III Mobile Intensive Care Services 3010 Broadway St NE Minneapolis, MN 55350 CITY OF HUTCHINSON: By: Attest: TENANT: Dated: Cook, Mayor) (Gary D. Plotz, City Administrator) By: (Tenant) Andrew Kirchoff, RN 6 Dated: 9 (-e) 0 Restoration of the site upon termination of use shall include: 1) Trailer must be completely removed from the premises within 18 months from the date of the lease. 2) Capping the sewer service at approximately one inch below grade with a metal cap so it can be located. 3) Water service shall be restored by installing an appropriate freeze - protected water hydrant at a minimum height of 32" 4) Removal of all footings, foundation work or other materials placed under or at grade. 5) Topsoil shall be restored to a smooth grade, similar to the original condition. You are not required to sod. Place appropriate grass seed at the location upon restoration of the topsoil and grade. 6) Removal of all temporary utility connections and restoration of EDB to its original condition, including sealing holes that were drilled in the building. 7) Other items identified by airport management as being required to reasonably restore the site to its original condition. r� L.J 9 (-C) I Cl 4 `f «) i i _ Abp !0116% C.A.P. f (24' x 60') FUTUf E GROUND EL. 1D61. p ; 8, i22, 12' S.R.Q. i GsUILDING --= •..__.. I L� __W> i I N Q � 8203RT 1.6/ 1.5% 1059.20 1800 7R T r • �4 I ;o VAR x'0.9 %, �.h..v 6.0/ 0° Q a / E LEC .5% RIM.- MH• 23 +77, 863 "RT [n 1.5% RIM.• 1060.50 DI STR i I PA VE 4 ' LL • INV (8') 1054.7 ° (30' x 12' U BLDG 6 "AGG IVE L�R MH VAR 2 TFZAI 108+ 2 _ I a 0.96% kx VAR i °I 10 .20 32' LT 1058-30.—:*� f i v'f'' ROTATE 1 E FZ�PO cA PAD N90'0(EL 1060.40) ka -o PAYROLL ACCOUNT - March 4, 2005 •— Period Ending: February 26, 2005 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER • TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCT# NAME $20,804.74 9995.2034 WITH. TAX 102615 9995.2241 ACCOUNT $11,340.12 9995.2240 Employer Contribution - Pension Plan $3,193.38 9995.2242 $35,338.24 Sub -Total - Employee Contribution $11,340.12 9995.2240 $3,193.38 9995.2242 $14,533.50 Sub -Total - Employer Contribution 49,871.74 Grand Total - Withholding Tax Account DESCRIPTION Employee Contribution - Federal Tax Employee Contribution - Soc. Security Employee Contribution - Medicare Employer Contribution - Social Security Employer Contribution - Medicare 48871.74 $9,385.79 9995.2835 MN DEPT of REVENUE $11,580.06 102615 9995.2241 PERA Employee Contribution - Pension Plan $13,672.08 102615 9995.2241 Employer Contribution - Pension Plan $25,252.14 Sub -Total - PERA $15.86 102615 9995.2243 PERA -DCP Employee Contribution - Pension Plan $15.86 102615 9995.2241 Employer Contribution - Pension Plan $31.72 Sub - Total - DCP $25,283.86 GRAND TOTAL - PERA 0 Finance Director Approval PAYROLL ACCOUNT - February 18, 2005 — Period Ending: February 12, 2005 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER . TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCT# NAME DESCRIPTION $19,869.09 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT $10,952.63 9995.2240 Employee Contribution - Soc. Security $3,087.09 9995.2242 Employee Contribution - Medicare $33,908.81 Sub -Total - Employee Contribution $10,952.63 $3,087.09 $14,039.72 047,948.53 $8,979.61 $11,149.80 $13,174.17 $24323.97 $15.86 $15.86 $31.72 $24,355.69 9995.2240 9995.2242 Sub -Total - Employer Contribution Grand Total -Withholding Tax Account Employer Contribution - Social Security Employer Contribution - Medicare 9995.2035 MN DEPT OF REVENUE 102615 9995.2241 PERA Employee Contribution - Pension Plan 102615 9995.2241 Employer Contribution - Pension Plan Sub -Total - PERA 102615 9995.2243 PERA -DCP Employee Contribution - Pension Plan 102615 9995.2241 Employer Contribution - Pension Plan Sub - Total - DCP GRAND TOTAL - PERA • Finance Director Approval • M � � R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 03/0212005 - Ck Date Type Check # Vendor IName Amount 03/0212005 PK 128033 " 121167 CHERYL LABAT & VIKING SIGNS 102.50 03/02/2005 PK 128034 1021 19 HOLT MOTORS INC 1,072.50 03/0212005 PK 128035 108389 HUTCHINSON AUTO CENTER 17,184.00 03/02/2005 PK 128036 102038 HUTCHINSON, CITY OF 170,300.73 03102/2005 PK 128037 102653 MINNESOTA DEPT OF MOTOR VErHICL 1,145.46 03/02/2005 PK 128038 102052 QUALITY WINE & SPIRITS CO. 4,884.69 03/02/2005 PK 128039 113335 SKILLPATH SEMINARS 99.00 03/02/2005 PK 128040 120795 SUPER GROUP PACKAGING & DISTRI 17,558.79 212,347.67 AscountNu # 212,347.67 r, -I �J Is �J 0 0 R55APPYRV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 02/28/2005 - Ck Date Typt Check # Vendor IName Amount 02/28/2005 PK 128030 " 102253 CENTRAL MCGOWAN 33.46 02/28/2005 PK 128031 121037 CROW RIVER TITLE GUARANTY INC. 30,000.00 02/28/2005 PK 128032 102101 SBQ PAGING 27.32 30,060.78 Account Nu # 30,060.78 ,� L�. C� 10 w • Cl R55APPYHV CITY OF HUTCHINSON By Check Number AP Payment Register with Voids Check Date 02124/2005 - Ck Date Type Check # Vendor Name Amount 02/24/2005 PK 128021 ' 101919 AMERICAN FAMILY INS CO. 97.91 02/24/2005 PK 128022 101875 GREAT WEST LIFE INS, CO. 300.00 02/24/2005 PK 128023 101872 H.R.L.A.P.R. 289.00 02/24/2005 PK 128024 102633 HUTCHINSON, CITY OF 7,373.98 02/24/2005 PK 128025 102635 HUTCHINSON, CITY OF 582.68 02/2412005 PK 128026 1 101873 ICMA RETIREMENT TRUST 3,375.75 02/24/2005 PK 128027 101876 ING LIFE & ANN CO. 860.00 02/24/2005 PK 128028 102449 MINNESOTA CHILD SUPPORT PAYMEN 554.94 02/24/2005 PK 128029 102096 PRUDENTIAL MUTUAL FUNDS 30.00 13,464.26 Account Nui # 13,484.28 Void Amou jjy��CUCAJe c�u�S �(- b- �ioll) a- ay -cs 0 0 0 MEMO 03/03/05 TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL , FINANCE DIRECTOR SUBJECT: MARCH WIRE TRANSFER The following funds need to be wired - interest payments March 1. 2005 Chase NYC ABA # 021 -000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit for 3/1 City of Hutchinson, MN Account # 066 - 026776 OBI FIELD - PA 50317950 PLEASE WIRE 3/4/2005 1993 Water Revenue Bond 5,225.00 5,225.00 The following funds need to be wired - PRINCIPAL payments Chase NYC ABA # 021 - 000 -021 to credit the account of Cede & • Co. c/o THE DEPOSITORY TRUST COMPANY for Redemption Deposit for 3/1 City of Hutchinson, Mn, Account # 066 -027 -306 OBI FIELD - PA 50317950 1993 Water Revenue Bond 0.00 0.00 (FAX of bond document must be made at same time for principal payment) 9 . R55APPYRV By Check Number CITY OF HUTCHIN80N AP Payment Register with Voids Check Date: 03/08/2005 - Ck Date Type Check p Vendor Name Amount 03/08/2005 PK 128041 " 121177 ACCURATE RADAR SPECIALTIES 240.00 03/0812005 PK 128042 102126 ACE HARDWARE 78.48 03/08/2005 PK 128043 102217 AEM MECHANICAL SERVICES, INC 1,378.94 03/08/2005 PK 128044 120851 AMERICAN LEGAL, PUBLISHING CORP 1,610.00 03/08/2005 PK 128045 101852 AMERICAN PUBLIC WORKS ASSN 27.50 03/OS/2005 PK 128046 101867 AMERICAN WATERWORKS ASSN 72.00 03/08/2005 PK 128047 102430 AMERIPRIDE LINEN & APPAREL 272.12 03/0812005 PK 128048 101897 ANDERSON'S DECORATING CENTER 375.26 03108/2005 PK 128049 103032 ASPEN EQUIPMENT CO 34.39 03/08/2005 PK 128050 109203 AWWA - MINNESOTA SECTION 312.00 03/08/2005 PK 128051 102480 B. W. WELDING 1,303.51 03/08/2005 PK 128052 101990 BAASEN, EUGENE 80.00 03/08/2005 PK 128053 120299 BARGAIN -X, INC 273.86 03108/2005 PK 128054 121166 BERRY, AARON 100.00 03/08/2005 PK 128055 120738 BERTELSON'S 164.67 03108/2005 PK 128056 102940 BETKER, PAUL 810.00 03/08/2005 PK 128057 119212 BLOCK FARMS & TRUCKING 2,632.50 03/08/2005 PK 128058 102729 BOLTON & MENK INC. 1,743.19 03/08/2005 PK 128059 120859 BRADFORD -YIRA, LTD. 190.65 03/08/2005 PK 128060 101987 BRANDON TIRE CO 1,543.17 03/08/2005 PK 128061 102752 BRAUN INTERTEC CORP 5,440.00 03/0812005 PK 128062 102136 BUSINESSWARE SOLUTIONS 1,268.31 03/0812005 PK 128063 102456 C & L DISTRIBUTING 31,838.36 03/08/2005 PK 128064 102086 CADD /ENGINEERING SUPPLY 67.86 03/08/2005 PK 128065 102092 CARR FLOWERS 4428 03/08/2005 PK 128066 104391 CENTRAL HYDRAULICS 960.24 03/08/2005 PK 128067 104163 CHIEF SUPPLY CORP 103.59 03108/2005 PK 128066 105423 CINDY'S HOUSE OF FLORAL. DESIGN 190.72 03/08/2005 PK 128069 103471 CITIZENS BANK & TRUST 50,000.00 03/08/2005 PK 128070 121036 CNH CAPITAL AMERICA LLC 41,518.92 03108/2005 PK 128071 121183 CNH CAPITAL/NEW HOLLAND CREDIT 163.26 03108/2006 PK 128072 102741 COBORN'S INCORPORATED 1,771.42 03/08/2005 PK 128073 111636 COFFEE COMPANY, THE 145.37 03108/2005 PK 128074 102790 CONNEY SAFETY PRODUCTS 167.33 03/08/2005 PK 128075 114585 COPYMED INC 19.88 03/08/2005 PK 128076 102484 CORPORATE EXPRESS 34.39 03108/2005 PK 128077 102050 CROW RIVER AUTO 1,311.72 03/08/2005 PK 128078 102289 CROW RIVER GLASS 75.00 03/08/2005 PK 128079 102220 CROW RIVER PRESS INC 256.56 03/0812005 PK 128080 102121 CROW RIVER VET CLINIC 244.23 03/0812005 PK 128081 112958 CROWN INDUSTRIES INC. 590.99 03/08/2005 PK 128082 102186 CULLIGAN WATER COND 37.28 03/08/2005 PK 128083 121171 D & D PRODUCTS, INC 159.70 03/08/2005 PK 128084 102721 DASCHER, DUANE 60.00 03/08/2005 PK 128085 119458 DAVE'S PALLET SERVICE 1,624.73 03/08/2005 PK 128086 102488 DAY DISTRIBUTING 4,445.55 PK 128087 120124 DC MUSIC BOOSTERS 69.92 of03/08/2005 03/08/2005 PK 128088 102698 DEVRIES, RANDY 113.89 Void Amou 0 1.1 0 0310IV2005 PK 03/08/2005 PK 128089 128090 102710 DOMINO'S PIZ7A 102275 DPC INDUSTRIES INC 300.49 553.67 03/08/2005 PK 128091 103024 DRIVERS LICENSE GUIDE CO 26.95 03/08/2005 PK 128092 113181 DROP -N -GO SHIPPING, INC 12.50 03/08/2005 PK 128093 102647 DYNA SYSTEMS 539.77 03/08/2005 PK 128094 105467 EAGLE LEGAL SERVICE 31.00 03/08/2005 PK 128095 102324 EARL F. ANDERSEN, INC 949.99 03/08/2005 PK 126096 104415 EARTH TECH 2,386.08 03/08/2005 PK 128097 104865 EAST CENTRAL SOLID WASTE COMMI 10,200.00 03/08/2005 PK 128098 102726 ECOLAB PEST ELIM 106.50 03/08/2005 PK 128099 102354 ECONO FOODS 261.67 03/08/2005 PK 128100 102184 ELECTRONIC SERVICING 120.47 03108/2005 PK 128101 104362 EVEN TEMP CONSTRUCTION 5,000.00 03108/2005 PK 128102 119690 EVERBRITE 262.23 03/08/2005 PK 128103 102515 FAMILY REXALL DRUG 10.44 03108/2005 PK 128104 102223 FARM -RITE EQUIPMENT 673.70 03108/2005 PK 128105 104137 FASTENAL COMPANY 71.12 03/08/2005 PK 128106 102738 FIRE INSTRUCTORS ASSN OF MN 10.00 03/08/2005 PK 128107 118095 FIRST CHOICE FOOD & BEVERAGE 55.00 03/08/2005 PK 128108 121178 FOUST. CRYSTAL 93.50 03/08/2005 PK 128109 102526 G & K SERVICES 1,167.12 03/08/2005 PK 128110 120284 GAVIN, OLSON & WINTERS. LTD 2,875.00 03/08/2005 PK 128111 103340 GEB ELECTRICAL INC 97.90 03/08/2005 PK 128112 102524 GOVERNMENT TRAINING SERVICE 215.00 03/08/2005 PK 128113 114929 GRAHAM TIRE FAIRMONT 3,158.28 . 03/08/2005 PK 03/08/2005 PK 128114 128115 101874 GRIGGS & COOPER & CO 102529 HACH COMPANY 4,456.26 503.23 03/08/2005 PK 128116 102451 HANSEN DIST OF SLEEPY EYE 11596.50 03/08/2005 PK 128117 102079 HAUGEN, MARV 80.00 03/08/2005 PK 128118 121179 HENNEPIN TECHNICAL COLLEGE 20.00 03/08/2005 PK 128119 102701 HENRY'S WATERWORKS INC 1,179.09 03/08/2005 PK 128120 102531 HENRYS FOODS INC 605.50 03/08/2005 PK 128121 101915 HERMEL WHOLESALE 127.36 03/0812005 PK 128122 116866 HEWLETT- PACKARDCO 5,801.06 03/08/2005 PK 128123 102518 HILLYARD FLOOR CARE/HUTCHINSON 118.27 03/08/2005 PK 128124 102119 HOLT MOTORS INC 7.08 03/08/2005 PK 128125 121160 HOMA, DR. 66.80 03/08/2005 PK 128126 102319 HUTCHINSON AREA HEALTHCARE 4,673.20 03/08/2005 PK 128127 108389 HUTCHINSON AUTO CENTER 163.99 03/08/2005 PK 128128 105329 HUTCHINSON BUMPER TO BUMPER 212.48 03/08/2005 PK 128129 102530 HUTCHINSON CO -OP 1,272.68 03/08/2005 PK 128130 102537 HUTCHINSON LEADER 2,577.73 03/08/2005 PK 128131 102538 HUTCHINSON MEDICAL CENTER 27.00 03/08/2005 PK 128132 102540 HUTCHINSON PLUMBING & HEATING 1,012.58 03108/2005 PK 128133 121184 HUTCHINSON PUBLIC SCHOOLS 2,941.68 03/08/2005 PK 128134 102541 HUTCHINSON TELEPHONE CO 8,540.24 03/08 12005 PK 128135 105161 HUTCHINSON UTILITIES 90,657.77 03/08/2005 PK 128136 102543 HUTCHINSON WHOLESALE 1,675.22 03/08/2005 PK 128137 102072 HUTCHINSON, CITY OF 58,441.00 03/08/2005 PK 128138 102633 HUTCHINSON, CITY OF 67,126.88 03/08/2005 PK 128139 102635 HUTCHINSON, CITY OF 5,293.60 03/08/2005 PK 128140 103246 HUTCHINSON, CITY OF 7,227.65 03/08/2005 PK 12B141 105160 HUTCHINSON, CITY OF 25,229.95. 03/08/2005 PK 128142 117018 INTERNATIONAL CODE COUNCIL 40.00 03108/2005 PK 128143 103520 INTERSTATE BATTERIES 293.30 03/0812005 PK 128144 121181 JACK'S STANDARD 143.78 03/08/2006 PK 128145 111836 JACOBSEN, SEPTEMBER 43.36 03/08/2005 PK 128146 102208 JEFF'S ELECTRIC 1,389.84 03/08/2005 PK 128147 102554 JERABEK MACHINE SERV 102.07 03/08/2005 PK 128148 119782 JESCO INDUSTRIAL SUPPLIES, INC 32,523.00 03/08/2005 PK 128149 101938 JOHNSON BROTHERS LIQUOR CO. 9,980.83 03/08/2005 PK 128150 121182 JONES & ATTWOOD INC 4,390.00 03/08/2005 PK 128151 121185 KEN BURNS INC 1,831.15 03108/2005 PK 128152 105170 KEPHART, SANDY 364.00 03108/2005 PK 128153 102466 KKLN 2,000.00 03/08/2005 PK 128154 105245 KLEMP WISCHNACK, JULIE 1,159.39 03/08/2005 PK 128155 104347 KOSEK, ANDREW 60.00 03108/2005 PK 128156 120122 KOSEK, JEFF 247.00 03/08/2005 PK 128157 105697 KQIC -Q102 395.45 03108/2005 PK 128158 102561 L & P SUPPLY CO 93.43 03/08/2005 PK 128159 101946 LAB SAFETY SUPPLY INC 22.93 03108/2005 PK 128160 103587 LAKELAND ENGINEERING EQUIP 553.13 03/08/2005 PK 128161 105525 LANO EQUIPMENT OF NORWOOD 460.54 03/08/2005 PK 128162 110852 LEAGUE OF MN CITIES -INS TRUST 991.36 03/08/2005 PK 128163 113179 LEAGUE OF MN CITIES -INS TRUST 62,930.50 03/08/2005 PK 128164 101974 LENNEMAN BEVERAGE DIST. INC 3,440.00 0310812005 PK 128165 121186 LEONARD, STREET & DEINARD 13,560.75 03108/2005 PK 03/08/2005 PK 128166 128167 101984 LOCHER BROTHERS INC 102564 LOGIS 7,780.05 57,917.81 03108/2005 PK 128168 102566 LTP ENTERPRISES 1,802.58 03108/2005 PK 128169 116860 MARION MIXERS, INC 145.59 03/08/2005 PK 128170 107548 MCENTEE MEDIA CORP 83.00 03108/2005 PK 128171 101986 MCKAY, KAREN 26.61 03108/2005 PK 1213172 102573 MCLEOD COOP POW ER 3,200.00 03/08/2005 PK 128173 115861 MCLEOD COUNTY BAR ASSOC 40.00 03108/2005 PK 128174 116868 MDT 1,767.20 03108/2005 PK 126175 112400 "VOID VOID VOID VOID VOID" 03/08/2005 PK 128176 112400 MENARDS- HUTCHINSON 2,104.70 03108/2005 PK 128177 103231 METRO SALES 1,260.32 03108/2005 PK 128178 101998 MILLER, JOHN 1,110.00 03108/2005 PK 128179 119858 MINNEAPOLIS, CITY OF 2,951.61 03/08/2005 PK 128180 102332 MINNESOTA ASSOC OF CEMETERIES 220.50 03/08/2005 PK 128181 119345 MINNESOTA CHAMBER BUSINESS SER 1,109.02 03/08/2005 PK 128182 119358 MINNESOTA DEPT OF ADMINISTRATI 168.62 03/08/2005 PK 128183 101992 MINNESOTA DEPT OF HEALTH 5,719.00 03108/2005 PK 128184 102653 MINNESOTA DEPT OF MOTOR VEHICL 8.50 03/08/2005 PK 128185 105157 MINNESOTA SHREDDING 109.90 03108/2005 PK 128186 102570 MINNESOTA SPORTS FEDERATION 1,710.00 03108/2005 PK 128187 102840 MINNESOTA TRANSPORTATION ALLIA 285.00 03/08/2005 PK 128188 102583 MINNESOTA VALLEY TESTING LAB 97.25 03/08/2005 PK 128189 118643 NAPA AUTO PARTS 206.58 03/08/2005 PK 128190 104438 NATIONAL BUSINESS INSTITUTE 229.00 03/08/2005 PK 128191 116399 NATIONAL WATERWORKS 1,404.75 03108/2005 PK 128192 102180 NORTHERN SAFETY TECHNOLOGY 795.85 03/08/2005 PK 03/08/2005 PK 128193 128194 102591 NORTHERN STATES SUPPLY INC 121172 NORTHWOODS EVENTS 105.25 1,481.42 Is 03/08/2005 PK 128195 102791 NSPE 260.00 03/08/2005 PK 128196 103014 OFFICE 1 ONLINE 278.87 03108/2005 PK 128197 102155 OLSEN CHAIN & CABLE CO. 716.47 03/08/2005 PK 128198 102483 OTTO ASSOCIATES 1,628.50 03/08/2005 PK 128199 102187 PAUSTIS & SONS WINE CO 1,390.09 03/08/2005 PK 128200 101932 PELLINEN LAND SURVEYING 1,063.00 03/08/2005 PK 128201 121173 PESCO DISTRIBUTORS INC 171.02 03/08/2005 PK 128202 101853 PHILLIPS WINE & SPIRITS 3,328.74 03/08/2006 PK 128203 102373 PINNACLE DISTRIBUTING 94.55 03/08/2005 PK 128204 102167 PITNEY BOWES 1,458.00 03/08/2005 PK 128205 102445 POSTMASTER 1,160.00 03/08/2005 PK 128206 103605 PRECISION LINE BORING 555.66 03/08/2005 PK 128207 112254 PREMIER LIFT PRODUCTS LLC 125.49 03/08/2005 PK 128208 114391 PRO AUTO & TRANSMISSION REPAIR 570.23 03/08/2005 PK 128209 121174 PRO SOURCE ED. 200.00 03/08/2005 PK 128210 102598 QUADE ELECTRIC 31.63 03/08/2005 PK 128211 108861 QUADE'S INC 3,625.00 03/08/2005 PK 128212 102599 QUALITY TRANSPORTATION 72.00 03/08/2005 PK 128213 102052 QUALITY WINE & SPIRITS CO. 7,933.96 03/08/2005 PK 128214 102604 R & R SPECIALTIES INC 77.50 03/08/2005 PK 128215 102205 R.J.L. TRANSFER 1,032.00 03/08/2005 PK 128216 102432 REED BUSINESS INFORMATION 1,288.76 03/08/2005 PK 128217 121176 REINER ENTERPRISES, INC 642.70 03/08/2005 PK 03/08/2005 PK 128218 128219 105266 RESERVE ACCOUNT 117878 REUSS, NATHAN 1,616.00 230.17 03/08/2005 PK 128220 104149 RIVER VALLEY TRUCK CENTERS 30.15 03/0812006 PK 128221 102021 RODEBERG, JOHN 527.71 03/08/2005 PK 128222 102225 RUNNING'S SUPPLY 226.94 03/08/2005 PK 128223 120907 SALTMAN LLC 356.35 03/08/2005 PK 126224 102436 SARA LEE COFFEE & TEA 254.97 03/08/2005 PK 126225 102606 SCHMELINO OIL CO 1,040.40 03/08/2005 PK 128226 102194 SCHUETTE. SCOTT 31.02 03/08/2005 PK 128227 112355 SEBORA, MARC 41.31 03/08/2005 PK 128228 101892 SEH 60,066.37 03/0812005 PK 128229 115821 SEPPELT, MILES 271.70 03108/2005 PK 128230 102719 SHAW, KAREN 80.00 03/08/2005 PK 128231 120704 SHERWYN SPIERING 125.00 03/08/2005 PK 128232 102611 SORENSEN'S SALES & RENTALS 101.18 03/08/2005 PK 128233 102857 SOUTHWEST CHAPTER MSPE 150.00 03/08/2005 PK 128234 120514 SPRINT 569.53 03/08/2005 PK 128235 102242 SRF CONSULTING GROUP 20,857.22 03/08/2005 PK 128236 104517 ST. CLOUD OVERHEAD DOOR CO 459.15 03/08/2D05 PK 128237 102747 ST. JOSEPH'S EQUIPMENT INC 33.58 03/0812005 PK 128238 102613 STATE OF MINNESOTA BUILDING CO 99.45 03/08/2005 PK 128239 119799 STEVE'S OK SERVICES 1,961.99 03/08/2005 PK 128240 118862 STRATEGIC EQUIPMENT 638.70 03/08/2005 PK 128241 102659 TEK MECHANICAL 6.82 03/0812005 PK 128242 101843 TKDA 426.49 03/08/2005 PK 128243 119159 TOTAL FIRE PROTECTION 90.00 03108/2005 PK 126244 103096 TOTAL REGISTER SYSTEM 30.35 0 9 03/08/2005 PK 03/08/2005 PK 128245 128246 102618 TOWN & COUNTRY TIRE 102620 TRI CO WATER 150.00 545.48 03/08/2005 PK 128247 102619 TWO WAY COMM INC 543.33 03/08/2005 PK 128248 102441 U S BANK 355,093.75 0310812005 PK 128249 102201 UHL CO. 618.69 03/08/2005 PK 128250 102623 UNIFORMS UNLIMITED 28.82 03/0812005 PK 128251 102624 UNITED BUILDING CENTERS 37.87 03/08/2005 PK 128252 120919 UNIVERSITY OF MINNESOTA 100.00 03/08/2005 PK 128253 119701 UNUM LIFE INS COMPANY OF AMERI 3,191.16 03/08/2005 PK 128254 120821 US BANK 150.00 03/08/2005 PK 128255' 101912 VICTORIAN INN 75.00 03/08/2005 PK 128256 104933 VIDEOTRONIX INC 7,467.66 03108/2005 PK 128257 102132 VIKING COCA COLA 418.80 03108/2005 PK 128258 101857 VIKING OFFICE PRODUCTS 40.90 03/08/2005 PK 128259 108598 WAL -MART 27.62 03/08/2005 PK 128260 105122 WASTE MANAGEMENT 43,263.80 03108/2005 PK 128261 103870 WEST GROUP 468.60 03108/2005 PK 128262 102960 WICHTERMAN, KEN 60.00 03/08/2005 PK 128263 115390 WOODS, CANDICE 175.73 03/08/2005 PK 128264 119211 WORK CONNECTION, THE 2,125.71 03/08/2005 PK 128265 102632 XEROX CORP 1,418.73 03/08/2005 PK 128266 121175 ZACHOW, NORMAN 29.47 0310812005 PK 128267 110715 ZACKRISON, BRENDA 81.70 03/08/2005 PK 128268 103980 ZARNOTH BRUSH WORKS 2,644.33 03/0812005 PK 128269 105571 ZEP MANUFACTURING CO 748.06 . 03/08/2005 PK 03/08/2005 PK 128270 128271 101919 AMERICAN FAMILY INS CO. 101875 GREAT WEST LIFE INS. CO. 97.91 300.00 03108/2005 PK 128272 101872 H.R.L.A.P,R. 289.00 03/08/2005 PK 128273 102633 HUTCHINSON, CITY OF 7,459.27 03/08/2005 PK 128274 102635 HUTCHINSON, CITY OF 589.24 03/0812005 PK 128275 1018731CMA RETIREMENT TRUST 3,675.75 03/08/2005 PK 128276 101876 ING LIFE & ANN CO. 860.00 03108/2005 PK 128277 102449 MINNESOTA CHILD SUPPORT PAYMEN 554.94 03/08/2005 PK 128278 101914 NCPERS LIFE INS, 540.00 03/08/2005 PK 128279 102096 PRUDENTIAL MUTUAL FUNDS 30.00 1,259,593.11 Account Nui 1,259,593.11 0 9 John Rodeber Sohn & Marc- I am forwarding, for your review and use, our analyses of the bids for the RO and Biofilter equipment procurements. These analyses, prepared by .john Berrigan and our staff, provide the basis for our recommendations of award. In essence, our analyses indicate that the low bidders on each of the procurements failed to meet required criteria in the bidding documents. After review of the second low bidder for each procurement, and finding that each met all required criteria in the bidding documents, we recommended for the second low bidder. As you know and requested, we had previously notified all equipment procurement bidders of our recommendations. since notifying you that this effort was completed, we have received a faxed request from American Engineering Services to modify their bid and to request that the engineer's bid recommendation be changed. I will forward a pdf version of that fax under separate cover. Owe have received no written requests from USFilter Wastewater Group (the low bidder on the hiofiltration equipment) regarding our recommendation of award. F- -1 L -1 Scott Young Earth Tech, Inc. This e-mail is intended to be delivered only to the named addressee(s) and may contain information that is confidential and proprietary. If this information is received by anyone other than the named addressee(s), the recipient(s) should immediately notify the sender by e-mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). Young, Scott (Scott.Young(Qearthtech.comj �From: ent: Sunday, March 06, 2005 4.25 PM To: John Rodeberg Cc: Marc Sebora; Berrigan, John; Young, Scott Subject: Bid Analyses - Equipment Procurement Importance: High Sohn & Marc- I am forwarding, for your review and use, our analyses of the bids for the RO and Biofilter equipment procurements. These analyses, prepared by .john Berrigan and our staff, provide the basis for our recommendations of award. In essence, our analyses indicate that the low bidders on each of the procurements failed to meet required criteria in the bidding documents. After review of the second low bidder for each procurement, and finding that each met all required criteria in the bidding documents, we recommended for the second low bidder. As you know and requested, we had previously notified all equipment procurement bidders of our recommendations. since notifying you that this effort was completed, we have received a faxed request from American Engineering Services to modify their bid and to request that the engineer's bid recommendation be changed. I will forward a pdf version of that fax under separate cover. Owe have received no written requests from USFilter Wastewater Group (the low bidder on the hiofiltration equipment) regarding our recommendation of award. F- -1 L -1 Scott Young Earth Tech, Inc. This e-mail is intended to be delivered only to the named addressee(s) and may contain information that is confidential and proprietary. If this information is received by anyone other than the named addressee(s), the recipient(s) should immediately notify the sender by e-mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). RO Memo Scott.docBlo Memo Scott.doc (67 KB) (66 KB) Sohn & Marc- I am forwarding, for your review and use, our analyses of the bids for the RO and Biofilter equipment procurements. These analyses, prepared by .john Berrigan and our staff, provide the basis for our recommendations of award. In essence, our analyses indicate that the low bidders on each of the procurements failed to meet required criteria in the bidding documents. After review of the second low bidder for each procurement, and finding that each met all required criteria in the bidding documents, we recommended for the second low bidder. As you know and requested, we had previously notified all equipment procurement bidders of our recommendations. since notifying you that this effort was completed, we have received a faxed request from American Engineering Services to modify their bid and to request that the engineer's bid recommendation be changed. I will forward a pdf version of that fax under separate cover. Owe have received no written requests from USFilter Wastewater Group (the low bidder on the hiofiltration equipment) regarding our recommendation of award. F- -1 L -1 Scott Young Earth Tech, Inc. This e-mail is intended to be delivered only to the named addressee(s) and may contain information that is confidential and proprietary. If this information is received by anyone other than the named addressee(s), the recipient(s) should immediately notify the sender by e-mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). @) EarthTech A Tyco International Ltd. Company Date: March 2, 2005 To: Scott Young cc: FILE From: John K. Berrigan, Jr., PE Subject: Letting No. 11, Project 05 -13 Evaluation of Bids, Biological Iron and Ammonia Filtration System ET# 83356 MEMO Two bids were received for the above referenced project. One from USFilter and one from Infilco Degremont, Inc. The USFilter bid was reviewed for cost, firm qualifications, project references, quality control, technical presentation and conformance to the specifications. In terms of cost, the base bid was low and compares well to the estimated cost presented in the Preliminary Design Report, Earth Tech, October 2004: • Bid equals $937,467 (includes 6.5% taxes on full amount). Review of the USFilter bid in terms of qualifications, quality and references is summarized as follows: • USFilter listed no previous experience in supplying ammonia filtration systems. • The bid documents included a provision for allowing experience for filtration systems providing at least 80% removal of ammonia, at least 90% of the time, over a two year period. The documents required the bidder to submit data demonstrating this performance. • USFilter named two filtration installations and provided raw, unevaluated data and log sheets of chlorine consumption information. Some ammonia data were provided without customary laboratory quality control and results validation information. Because this data is unprocessed, the laboratory data not verified, and the basic calculation of ammonia removal not presented, this submittal is unresponsive. Because USFilter could not identify one ammonia filtration system that they have provided and because the information provided is unresponsive in that it does not provide a demonstration of 80% removal of ammonia 90% of the time over a two year period, USFilter fails to meet the qualification requirements for this project. • USFilter offers an altemate to the filtration media specified. • USFilter tankage, valve and control meet the technical requirements of the specifications. Because the bid was unresponsive to process experience requirements with no previous Installations of ammonia filtration project and because USFilter could not provide a performance demonstration through an analysis of existing facilities, as they claimed could be done, the USFilter bid is not recommended for award of the contract. rI L 0 0 CJ March 2, 2005 letting No. 11, Project 05-13; Evaluation of Bids, Biological Iron and Ammonia Filtration System Page 2 of 2 The Infilco Degremont bid was reviewed for cost, qualifications, project references and technical presentations. The lump sum bid price for IDI was $1,273,725 with the following summary of clarifications to their bid proposal: 1. Their bid price includes $75,200 in sales tax. 2. Infilco Degremont is registered to collect Sales and Use tax in Minnesota. 3, Infilco Degremont requests that retainage shall not be held past August 1, 2007, which is approximately 17 months after the equipment delivery date. 4. Infilco Degremont requests that it not indemnify the Buyer and /or Engineer to the extent of their own negligence or the negligence of those under their control. 5. Infilco Degremont requests that the warranty period extend to 12 months from start -up or 18 months from delivery, which ever would occur first. 6. Infilco Degremont requests that the City continue to meet payment obligations during all disputes and disagreements. 7. Infilco Degremont requests specific limitation of liability for the negligence of . others and for third parties. Further detail of these clarifications can be found in their bid proposal. The bid price is the similar to the preliminary cost estimates from November 2004. The Infilco Degremont bid demonstrates conformance to the bidding documents and an understanding of the project scope. Their iron biological filtration system experience includes more than 150 installations worldwide with six plants installed in North America. Their ammonia biological system experience in drinking water applications currently consists of 13 installations worldwide with one facility in operation in the United States. Infilco Degremont demonstrates a thorough knowledge of biological treatment systems based upon their submitted qualifications and installation base. Infilco Degremont is recommended to be awarded Letting No, 11, Project No. 05 -13, Biological Iron and Ammonia Filtration System — specifically without accepting the clarifications and requests identified in the bid. Q EarthTech A Tyco IrdemationaI Ltd. Compary Date: March 2, 2005 To: Scott Young From: John K. Berrigan, Jr., PE cc: FILE ►i ►i % Subject: Letting No. 12, Project 05 -14; Evaluation of Bids Reverse Osmosis System ET# $3357 Two bids were received for the above referenced project. The two bidders were American Engineering Services and GE Osmonics. The American Engineering Services bid was reviewed for cost, firm qualifications, project references, quality control, technical presentation and conformance to the specifications. In terms of cost, the base bid was low and compares well to the estimated cost presented in the Preliminary Design Report, Earth Tech, October 2004: • Base bid equals $ $921,563 (includes 6.5% taxes on full amount). Alternate 1, supply of a fourth skid, was bid at $237,153. Alternate 2A, supply of Filmtec membranes, was bid at $361,943 ($528 each). Review of the American Engineering Services bid in terms of qualifications, quality and references is summarized as follows: • The bid failed to provide local service, or at a minimum, service that would be available on site within four hours. The importance of responsive local service was emphasized at the pre -bid meeting on February 15, 2005 where the AES representative indicated their understanding of the requirement. AES represents that service would be provided through a Denver office. However, the Denver office is listed by AES as a regional sales office. When surveyed, the La Junta, Colorado and Beverly Hills, CA installations of AES equipment could not recall ever having service personnel from anywhere other than Tampa. The bid AES was not responsive to the service requirements. • AES has a documented quality management plan and is ISO 9001 certified for the design and manufacture of water purification systems. • AES listed five project references to demonstrate satisfactory completion of installation, startup and service for reverse osmosis systems of qualifying sizes. All of the project references were contacted. The La Junta, Colorado, installation reference indicated that eight months after installation, one of the three skids was not yet operational. This reference indicated that the installation is significantly under the rated capacity. This reference indicated that training services did not meet expectations. Because the bid documents indicate specifically that • 11 11 r L March 2, 2005 Letting No. 12, Project 05-14; Evaluation of Bids, Reverse Osmosls System Page 2 of 3 unsatisfactory completion of Work will not receive credit, this reference cannot be used for project credit, It may be that the AES La Junta, CO, installation could be represented as an installation demonstrating satisfactory completion of Work, but it does not yet meet that definition. The bid documents allowed the bidders to provide more than five references. AES did not provide additional references. As submitted, the AES bid failed to provide the required five projects showing satisfactory completion of RO system supply and service (the Work). In terms of technical presentation, the AES bid shows compliance with the specifications and basic understanding of the equipment supply requirements. The AES bid is unresponsive to the service requirements for the project and fails to meet the project experience qualifications since one of the facilities - La Junta, CO - could not yet be considered "satisfactory completion of Work." Because the bid is unresponsive to the service requirements and does not provide five references meeting the requirements of articles 4.06 and 4.07 of the instructions to bidders, the AES bid is not recommended for award of the contract. The GE Osmonics bid was reviewed for cost, firm qualifications, project references, quality control, technical presentation and conformance to the specifications. In terms of cost, the base bid was competitive and compares well to the estimated cost presented in the Preliminary Design Report, Earth Tech, October 2004: • Base bid equals $1,054,350 (includes 6.5% taxes on full amount). Alternate 1, supply of a fourth skid, was bid at $246,015. Alternate 2A, supply of Filmtec membranes, was bid at $456,097 ($665 each). Review of the GE Osmonics bid in terms of qualifications, quality and references is summarized as follows: • The bid demonstrates that GE Osmonics meets the experience and qualifications requirements of the contract documents. • GE Osmonics has a documented quality management plan and is ISO 9001 certified for the design and manufacture of water purification systems. • Each of the five project references was contacted and all five responded with positive comments concerning the equipment and service. Many additional references were included. In terms of technical presentation, the GE Osmonics bid shows compliance with the specifications and a significant understanding of the overall water treatment goals as summarized below: A • No exceptions to the specifications were presented. • Cartridge pre - filter and skid instrumentation was identified. March 2, 2005 Letting No. 12, Project 05.14; Evaluation of Bids, Reverse Osmosis System Page 3 of 3 0 • Skid feed pumps were generally described per specification, covering a choice of Flowserv, Cornel or Grundfos, which are all suitable selections and will be selected during the submittal process. RO performance projections were included — this additional work in the bid submittal demonstrated a thorough project understanding. The GE Osmonics bid is recommended to be awarded for Letting No. 12, Project No. 05- 14, Reverse Osmosis System. This award should reflect a value up to the total of the base bid and Alternate 2a. We do not recommend award of Alternate 1. E F- 1 L J A John Rodeber nn 2005 -03. 04.14 -54 Fax AES to Be... John & Marc - I am forwarding, for your review, consideration and use, a pdf copy of the fax sent to John Berrigan of our office. The fax does 4 things, as I view it, including: 1. Requests to modify their hid by providing a different service provider so they can meet the 4 hour service response requirement in the procurement bid documents. 2. Attempts to explain why one of their references was not happy with the work provided by American Engineering Services. 3. Requests to modify their bid by asking that other references be considered so they can meet the minimum requirement of five references that found their work satisfactory. 04. Requests that the engineer recommend the award of the procurement contract to AES as the lowest responsible bidder. We are still awaiting documentation from AES regarding an alternate service provider. When we receive it, we will forward it as soon as possible. I would only make 1 clarification to AES' fax. Earth Tech did not say that the City of La Junta would never recommend AES for another project. The City of La Junta merely said that they were unhappy with the work of AES, explaining that one of their 3 skids was not functioning properly B months after start -up. I don't believe it is prudent to allow AES to modify their bid. I look forward to your comments. Scott Young Earth Tech, Inc. This a -mail, is intended to be delivered only to the named addressee(s) and may contain information that is confidential and proprietary. If this information is received by anyone other than the named addressee(e), the recipient(s) should immediately notify the sender by e -mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). 1 Young, Scott [Scott.Young @earthtech.com] �rom: Went: Sunday, March 06, 2005 4:50 PM E John Rodeberg; Marc Sebora Cc: Berrigan, John; Young, Scott Subject: AES Fax re: RO Equipment Procurement Importance: High nn 2005 -03. 04.14 -54 Fax AES to Be... John & Marc - I am forwarding, for your review, consideration and use, a pdf copy of the fax sent to John Berrigan of our office. The fax does 4 things, as I view it, including: 1. Requests to modify their hid by providing a different service provider so they can meet the 4 hour service response requirement in the procurement bid documents. 2. Attempts to explain why one of their references was not happy with the work provided by American Engineering Services. 3. Requests to modify their bid by asking that other references be considered so they can meet the minimum requirement of five references that found their work satisfactory. 04. Requests that the engineer recommend the award of the procurement contract to AES as the lowest responsible bidder. We are still awaiting documentation from AES regarding an alternate service provider. When we receive it, we will forward it as soon as possible. I would only make 1 clarification to AES' fax. Earth Tech did not say that the City of La Junta would never recommend AES for another project. The City of La Junta merely said that they were unhappy with the work of AES, explaining that one of their 3 skids was not functioning properly B months after start -up. I don't believe it is prudent to allow AES to modify their bid. I look forward to your comments. Scott Young Earth Tech, Inc. This a -mail, is intended to be delivered only to the named addressee(s) and may contain information that is confidential and proprietary. If this information is received by anyone other than the named addressee(e), the recipient(s) should immediately notify the sender by e -mail and promptly delete the transmitted material from your computer and server. In no event shall this material be read, used, stored, or retained by anyone other than the named addressee(s) without the express written consent of the sender or the named addressee(s). 1 From- Amerlcan Englneedng Services 813.821.4085 To: JOHN BERRIGAN bate: 3AM06 Tlme: 3:11:46 PM Page 1 of 7 Page: 1 of Cv Including cover pag9 FAX TRANSMISSION Date:3 -4 -05 TO; FROM: EARTH TECH, AMERICAN ENGINEERING SERVICES 9001 BRITTANY WAY TAMPA, FLA 33619, USA ATTENTION: JOHN BERRIGAN FROM: Taryn Millar TELEPHONE No: TEL No.: (913) 621 -3932 x159 AX No: 765 - 6614489 FAX No.: (613) 621 •4086 FWAIL:_ E- MAIL :tmiller( aesh2o.com _ W YOURR8FNo: -- - - -- AES REP ..No;... x�ItItLq F ... _ I D0 .._._..... PLEASE REFER To THIS NUMBER IN REPLY CORRESPONDENCE PROJECT NAME: PROJECT NO: "if9609 SUBJECT: CITY OF HUTCHINSON RO FACILITY DISTRIBUTION I EXTERNAL: INTERNAL: DOCUMENTATION CONTROL Mr, Be.rrigan, 1 am confirming the items we discussed in our phone conversation this morning regarding our bid submittal for the City of Hutchinson RO'Plant. You have stated your concerns regarding the time it will take for getting to the site for service calls. You also Informed me our reference plant in La Junta CO would not recommend us for future work. We are addressing both of these concerns in this fax as well as two others. By bidding your project and putting up a performance bond, AES agrees to 'provide service and products as required by the bid specifications and the contract. Having a service engineer available to be on site In 4 hours is one of those requirements. Therefore AES has agreed to meet that requirement. Since you don't feel we can meet that requirement, I am preparing a written statement from a qualified engineer in your area who will be subcontracted by AES for emergency site visits. The second issue is our reference. After we spoke I called our client, Steve Roberts at the La Junta plant. He stated he explained to you the problems he has had with the plant and other items he was not pleased with. He also emphatically stated that at no time did he say to you that he would not recommend AES for future work or for other projects. I have to stress that AES was a sub - contractor to a general contractor for the City of La Junta's project, We had a limited scope of work; feed pumps, trains, membranes, piping, valves and instrumentation on the skids. We were not responsible for any pre - treatment processes, the PLC or MCC, nor did we provide Installation of our system (which were built on site and not shop assembled). We provided operator training and O & M manuals that were CONFIOENT7.4J.17'Y NOTE., the Folia>rtns.fax !a naerded whom to is addrsarad to and m ° a .�A_ contain i*rmaflan that is privikged, cmOdenttal. or othermfe emmptfrom dlrctwure under `'�"r'tP" npphcabL law. If Ae made? of this message Is real the Intended meolanl or the emphume/agent h mrpom1bk far doliverv°g lha mrJmv to the inknded melplent you are hereby tmlU7ad that any dls?eminaliam djarlbultary o. oop.ing of thin doa"nt a etriedy pwhibh d (/you how received , ' � � Z 11 t 141, docement inerror, please notifyAES Immediately. Thank,rm. ° "" IItC1rtl:Glra' I., .N AES form 43. Ra 06!28/03 i I t i From, Amadoan Englnandng Servlo•e 813.021.4065 To; JOHN EERRIGAN Date, 31412005 Time, 311746 PM Pape 2 of 7 I FAX TRANSMISSION (CONTINUATION SHEET) approved /accepted by the engineer and all trains were successfully commissioned and approved /accepted by the engineer. The City of La Junta has had problems operating their plant. These problems were not anticipated by the engineer, contractor or owner and AES could not address them. If the La Junta chief operator felt their training was not sufficient, the issue was never voiced to us, ever, until this morning, and we speak with them nearly every week. Since we now know they didn't think their training was sufficient we have set for their project manager to return to site for a refresher course at our expense. AES has done everything possible to fix and assist La Junta with mechanical issues with flow meters and sensors mounted on the trains and supplied by AES. .Unfortunately those Items were installed by a general contractor wired them improperly and blew the boards out. The entire process of replacing and trouble - shooting the items have been very time consuming and we agree the owners of the plant have reason to be frustrated and upset with all parties; Including their engineer, contractor and individual equipment suppliers. AES did not write up the contract documents for La Junta, nor were we the construction manager or even the general contractor. We were a sub contractor providing a specific area of work for a sp•eclfic time frame. We completed that work. We have since tried to do our best to . assist everyone In order to keep the equipment running properly even though there were problems that occurred outside our scope of work. The project that we bid with Earth Tech for the City of Hutchinson is not structured the way La Junta structured their contract and scopes of supply. AES has compiste control over all the areas of the process that affect the RO process. We will be responsible for testing, starting up and maintaining.the system directly with the owners of the plant. All references I attached with our bid, with the exception of La Junta, were direct contracts with the owners for equipment •and services. AES was in control of when and how work was performed and what steps needed to be taken in order to keep the equipment In good running order. I' have attached names and numbers for additional plants above 2 mgd In which AES was the direct contractor. I urge you and representatives from Hutchinson to call these references as well. Also please contact the design engineer at La Junta, Mark Beebe, or Maltz construction for further Information on our work. In addition I will be faxing you a signed letter from Steve Roberts and AES stating the issues that occurred with their plant and explaining the parties Involved. AES has not stayed in business for as long as we have by leaving our customers unhappy or with equipment that does not function. The RO system as you know is complex and contains • An form-43" AR�.2 Prom AmsReen Engineering 8eMoes 813.021.4085 To! JOHN s8RPo1GAN Date, 3/4 @005 71me! 3!11!46 PM Page 3 of 7 FAX TRANSMISSION (CONTINUATION SHEET) sophisticated equipment from manufacturers all over the country. As in La Junta, when there Is a problem with one piece of Intricate and expensive equipment, a lot of time and effort from many entities goes into trying to solve that problem. AES maintains that the City of Hutchinson RO Facility Is a public bid. AES has participated fairly and has met all technical requirement of the design without exception. We therefore ask that a recommendation be made by the engineer for final award of this contract to AES as the lowest and most responsive bidder.. You will receive the additional documentation I have described later today or Monday. Should you require additional feedback on the reputation and work of AES from within your organization please speak with Dennis Saari and Steve Quell out of your Wisconsin office. Taryn arvay Municipal Sales Manger Cc: Ali Kalantar, President; George Knott, =sq., Legal Counsal AES form 43. ARev.2 i l k 1j Prom; American Englneent Sarvloei 818. 821.4088 7o: JOHN SERRIGAN Date: 3/412005 71me' &11'48 PM Page 4 of 7 American Engineering Services Select Municipal References e Southmost Regional Water Authority 6 MOD turnkey RO plant John Bruzlek, Brownsville PUB, Owner, 958 -983 -6277 Jesus Leal, NRS Engineers, Consultant /CM, 956 - 423 -7409 North Alamo Water Supply Corporation 1 MGD turnkey RO plant - Charles 9rowning, North Alamo Water, Owner, (958) 383 -1618 Jesus Leal, NRS Engineers, Consultant/CM, 956 -423 -7409 Anne Arundel County, Maryland 1 MOD NF system Ben Movahod or Ray Emtiaz, Watek Engineering, Consultant, $01- 595 -2525 e Moody Air Force Base, Georgia 0.5 MGD NF system 7RP Reglster or Stove Stalvey, 229- 257 -4917 Boyle Engineering, Jaokle Faster, A07-425-1 100 . e County of Dare, North Carolina Rodenthe RO plant and Skyoo Ion exchange plant .A+ 1 mgd and 5 mgd repectively Dr. Ian Watson, ROSTEK Engineering, (813)- 987 -9473 Christopher Martin, Boyle Engineering, (661) 325 -7253 e City of Beverly Hills, California 1,7 MOD RO plant DBO by Earth Tech Abel Noriege, Plant Operation Manager, 310.246,0328 e Indian River County, Florida Hobart Park RO plant and S. County RO plant upgrade 3 MOD and 9 MOD respectively. Gerry Labeau, Utility Director, 772- 770 -5068 Eric Grotke, COM, Consultant, 772.231.4301 Cooper City Utilities Plant expansion, 2 x 2 MOD RO skids George Haughney or Don Long, 954 - 434 -6619 W.D. Brawn, CH2MHIII, 713- 569 -1678 • From: Amarlean Engineering Services 813.821.4085 To: JOHN BERRIGAN date, 31412005 T1me: 3:11:4e PM Pape 8 eft Project Name: South County Membrane Replacement and Upgrade Location, Indian River County, Florida Owner: Indian River County, Florida Contact Gerald LeBenu, 772.770.e060 Architect or Engineer: Camp, Dresser & McKee Contact: Eric Grotka, 772.231,4301 Construction Manager or General Contmotor: None Contact: Description of Project: AES was contracted to provide membrane change -out and system upgrade services for the four existing RO tralns at the South County plant. Two of the oldest trains had an original permeate capacity of 1.5 mgd. When new membranes were Installed the train permeate capacity could now be Increased to 2.0 mgd. AES was responsible for changing the pipe configuration and re- plping to allow for the higher flow on these two trains. AES chsnged out valves, actuators, pressure transmitters, differential pressure transmitters, and sensors on all four trains. New membranes were Installed In all trains. AES also upgraded analytical instruments on all fourtralns, services performed by AES included membrane removal, reloading, testing, bacteria tests, start -up end 3 -day performance tests on each train, Total Value of Work: Date of Completion: January 2003 From, Amarean Englnm6ng Services 813. 021.4085 To: JOHN SERRIGAN Data: 8/4/2005 nme: 3! 11:46 PM Page 8 of 7 Project Name: La Sara RO Facility Location: Raymondville, TX Owner; N, Alamo Water Supply Corporation Contact: Charles Browning, 956 - 383 -1372 Architect or Engineer: NRS Engineers Contact: Jesus Leal, 856.423 -7409 Construction Manager or General Contractor: N/A AES Is acting as OC contact: Description of Project: AES will design, menufsoture and install a turn -key, 1 mgd reverse osmosis system. The system consists of two skids of 0,6 mgd each. All chemical dosing systems, high pressure pumps, cartridge filters, CIP system, Instrumentation and controls, PLC, MCC, and degasifier will be supplied, installed and commissioned by AES. Total Value of Work: $®57, 148.00 • Scheduled Completion Date: September 2004 • Prem' Amedaan Englneering 6eMcee 013.621.40e5 To! JOHN 6LRKIoAN Project Name: West Plant Membrane Replacement Location: City of Boynton Heath, Florida Owner: Clty of Boynton Beach, Florida Contact: Paul Fleming, 561 -389 -9812 Arehitsot or Engineer: Global Tech Contact: Troy Lyn, 5a1- 997.6433 Construction Manager or General Contractor; None Contact: Description of Project; Data, 314r2005 Time, 3,11,46 PM Pape 7 of 7 AES was contracted to provide membrane change -out and commissioning services for three of the older trains at the West Water Treatment Plant. The three trains had trains an original capacity of 1.33 mgd. New membranes were supplied and installed to increaaa the capacity of each train to 1.4 med. AES was responsible for procuring and supplying the elements, providing labor to remove and Install the elements and commission the throe trains, All was coordinated so each train was only out of service for a short time In order to Still mast the demand of the community. Date of Completion; May 2004 r i I i "AAA Moltz Construction General Contractor / Construction I i March 7. 2005 8807 CH 175 P.O. BOX 729 SALIDA, CO 81201 Inc, PHONE: (719) 539 -7319 anager FAX: (719) 539 -7695 Subject: La Junta Reverse Osmosis Water Treatment Plant To Whom it may concern This letter is to confirm that American I.ngineering Services has fully met their contractual obligations to date under contract to Moltz Construction, Inc, for the City of La Junta, CO Water "Treatment Plant project. AES' scope of work included the following components of the Reverse Osmosis Systems: 1. Membrane Peed Pumps 2, Membrane Racks with Pressure Vessels and Piping 3. Reverse Osmosis Membranes 4. Instrument and Sample Panels 5. CIP System Sincerely. C< Douglas V. Martin Project Manager, Moltz Construction, Inc. Mar-0T-2006 02:02pm From -CITY OF LA JUNTA From: ►aarteam anpm••aop SeMeee 619.11:11.40m5 Tel JO& KKLLY March 7, 2005 AMERICAN ENGINEERING John SuriEw Forth Tech R aginarrs 3033 CGsnpus Dr. N. W290 Mttmeapolls, MN $5441 +719 884 2412 T -125 P.002/003 F -455 . Oaf&- Mrn= Mrw 4-ma!mm pM Pam• 4 erg Web httP Nmw.aesh2c.mm FAX: (913)d21.4086 SERVICES, INC. This letter is to certify and acplain the scope of supply of AM for the City of La Svwa Reverse Oamosis Facility. This letter will also explain the problems that occurred wilt Train C. The moon for providing this letter is to clarify that though the City of La Irmo did expmiunoa mechanical problems with their RO skhis, the cause of the problems were due to other circuom tsnua beyond oar soap* of wcz1C AES was hired by Moltx Construotion to provide rite following aoWe of wQ*; • RO ellmeatp fort three membrane assemblies • ROpxemaamVO4s4b ■ Pressure vessel supports, welded and painted • Feed, t:=cutWo and permeate piping • Manual and zowted valves, flaw metmm, sewora and pressure gauges mounted on our mounbrane dasemblies • Local Uidnme=tod inabvxr catpanal • Train motmted sar�pliux rand • Total of three vertical turbine can pamps • Total oa one membrane clean in plAce system The three mombrans adsemblies were site erected by Molts Conahttetion with assistance $am ABS. AES was prasW an mite daring inatallatian for appmximaWly 15 days. Tire membranw trains were started up and cmnmissioaed by AES for a period of 10 days. operator training lcas conducted by AES for the membrane unite, pump and CIP only. We provided material for the crooner's O&M manual fbe our supplied equipment. The via* ASS Was aontcactcd to paTform had been oomykted in 7uly of 2004. All the trains were suecessfally commissioned and the system was operating as it was designed by the Owner's consulting engineer. Ail three traim Operated at deaiga capacity far approximately 1 -2 mtmtba. Aurulg that time a board iu the converter was blowtt du* to iatproper Wnins: durtn iastallation of OW system by the contractor. 'the contractor (at their expense) ordered nine new boards to replace the bad boards in all three trains. As a result o£the suiawiring, the ABS now 150 9001 Cer#&d Company Recelved Mar -OT -2006 02o41pm Aram- AMEMANERGINEERING TdocITY OF LA JUNTA Pun 002 Mar -07 -2006 09:09., From -CIPI OF LA JUNTA +719 394 9412 . From: Am.nein aepineaft ffi mM A134 1.4Oe! To: JOE MLY T-126 P.009/009 F -466 al1e191712006 tllee; 4:19:69 PfA repo a u� v AkRrcAN ENGINEERING SCRWCM Wa meter lecoamc. unstable. Even alter thv board rcplozamoat, the unotable readings persistaid. ABS become invalved with troubleshooting with the asaistanoe of the n=ufactoreo;, A$D. All tocemmendations were passed through Maltz Construotiam There were tbrae attempts made to roeon:Eguro the settings of the flow meter but the problem atill continued. ABB then suggested and sent a oompleto new eonvetter to site that was *eady configured. Once again, the problem persisted and the train C was not running. Pinally ABl3 asreed to replace the flow tube. They had to manufacture a new item, u it is not a atock item. The flaw tube arrived to mite last week and ben been installed by the owners, The train is now running and the flaw meter is operating properly, Each step took coardf atioa end effort by Maltz, rite mvneni, AES and ABta. Unfortunately each step in the roubleahooting also took time for replacement parts manufltcuaing and mhipmeaL ABB was arcommodsting and expediting the ordering and tcplwionxcat as quirk as possible and even feat new parts a= prior to receiving the damaged parts from the plant. A.ES made every effort to assist Maltz and the staff of the Le Junta water plant in resolving this problem regardless of the original cause and forth of the problem. We have camtinned to Ramat them its other srms of their operation including membmne fouling and chcmizal ptotroatment, We fulfllled our eonfiset al abliotionll as a memle mty skid supplier and have been released B om the job by Malta. The syalam wm9 supplied as it was sp%ifie4 and designed by the conuaot doruxnants. Tbaugh the City of Ida Jumim has experienced problems with equipment loaatad on the X0 skids and aupptied by ABS, ABS cannot be bald solely responsible for the problems, ASS had a specific job to do and that work was completed as agreed upon by the eemttact documetts. We are a6kmg that tho CiW of La Junta recognize that AIRS pm* rmed our scope of work as we were instructed m do by the ceuuaot documents and the design ea>iinasr. City of La 7ynta �i Aste 3 7 AES Project Manager Date! Neselred Mar-0711109 02:41m From- AVER[ GNSO1MgING To-CITY OF LA JUNTA pan 008 LJ C Hutchinson Cit Center III Hassan Street SE Hutchinson, MN 5535o•2522 320- 587- 5151/Fax 320.234 -4240 M. a M A. _N H.� t.J M. TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works Richard Nagy, Water Systems Supervisor RF. Consideration of Awarding Water Treatment Plant ]aids DATE: March 3, 2005 Attached is a summary of bids and recommendations from EarthTech in regards to the four Water Treatment Plant related bids that were received on Wednesday, March 2d. The bids were: 11 05 -13 Biofiltration Equipment 12 05 -14 Reverse Osmosis (RO) Equipment 13 05 -15 Municipal Well No. 8 14 05 -16 Water Storage Reservoir EarthTech's recommendations include the selection of two bids that were not the lowest received. These selections were made based on the qualification criteria clearly laid out in the contract. We have reviewed the bid data and the recommendations from Scott Young and John Berrigan of EarthTech, and agree with their findings. Please note that the total of the proposed bid award is under the estimates prepared for the project. We recommend award of the projects as described in the attached letter from EarthTech dated March 2, 2005. 'c: (JaryPlotz — Citypdrninistrator Kent Ernet — City Engineer Randy DeVries — Director of Water/W astewater Printed ua rxysled paper . acf) EarthTech ATr m(ernsimal Ltd. Cemeai March 2, 2005 John Rodeberg, Director Engineering and Public Works City of Hutchinson 111 Hassan St, SE Hutchinson, MN 55350 -2522 3033 Campus Drive r 763.551.1001 Suite 290 r 763.551.2499 Minneapolis, MN 55441 w - aarthtech.com Subject: Summary Recommendations WTP Project Bid Results Dear Mr. Rodeberg: On Wednesday, March 2"' we received and opened bids for four projects related to the WTP Improvements, including Well No. 8, the ground storage reservoir, bioFiltration equipment and reverse osmosis (RO) equipment. While individual bids varied above and below the project budget, the sum of the bids compare favorably with the budget. The estimated probable cost of the improvements was $4.8 million_ The recommended bids total $4,325,926.00_ Earth Tech recommends that the City consider awarding the projects as presented in the table below. Details about the individual bids are provided in separate correspondence. Lettin No. Project No. Description 11 0513 Bidder Amount 12 Biofilter E ui ment Iilco De remont $1,273,725.00 ()5-14 ROE ui ment GE Osmonics 13 05-15 Well No_ 8 $1,510A46.90 14 ()5 16 Reservoir LTP Ente rises $114,405.0() Nat un Co $1,427.700,00 Total $4,325,926.90 We respectfully present these summary recommendations for review and consideration. Sincerely, Scott L. Yo g, Program Manacer 4:'work'hLRChXB33581cOrr ))H utc, ingon83358ReOommend ationSummery.doc r1 �J q (�-) 0 0 RESOLUTION NO, 12655 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO, 11 PROJECT NO. 05 -13 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Furnishing a biological iron and ammonia filtration system to be installed in the water Production facilities. The Goods and Services consist of furnishing a complete biological iron and ammonia filtration system and installation, instructional, and post start -up services during installation of Goods. Installation will be by Others. bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder U S Filter /General Filter of Ames IA Amount Bid Infilco Degremont of Richmond VA $ 937,467.00 $1,273,725.00 and whereas, it appears that Infilco Degremont Of Richmond VA is the lowest qualified bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA; 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Infilco Degremont of Richmond VA, in the amount of $1,273,725.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of March 2005, City Administrator Mayor 9r�) EarthTech A IM InlmArlimal nn. Camp,p F- L _.J March 2, 2005 John Rodeberg, Director Engineering and Public Works City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 -2522 3033 Campus Drive P 763,551.1001 Suite 240 r 763.551.2499 MinnEapplis, MN 55441 w .earthtechxpm Subject: Letter of Recommendation Letting No, 11, project No. 05 -13 Procurement of Biological Iron and Ammonia Filtration System Dear Mr. Rodeberg: Pursuant to the Official Notice to Bidders, sealed bids for the above referenced Project were received at the Office of the Director of Public Works at 11:00 am and publicly opened and read aloud. We have reviewed all the Bids received for the Work and have enclosed a complete Bid Tabulation for your information. We take this opportunity to submit our written recommendations concerning the award of contracts. Two sealed bids were received. The low bid was submitted by USFilter Wastewater Group, Inc. of Ames, Iowa in the amount of $ 937,467.00_ The second low bid was submitted by Infilco Degremont, Inc. of Richmond, VA in the amount of $ 1,273,725.00. It is our opinion that the low Bidder, USFilter Wastewater Group, Inc., provided a responsive submittal but was unable to identify projects meeting the minimum level of experience necessary to be qualified and capable of performing the Work. Infiloo Degremont, Inc. submitted a responsive bid and is qualified and capable of performing the Work as specified. It is therefore recommended that a contract be awarded to Infilco Degremont, Inc. without clarifications or exceptions, in the amount of $ 1,273,725.00 The Engineer's opinion of probable cost of construction was $ 1,600,000. The recommended bid is 20.4% below this cost. We respectfully present these recommendations for review and consideration. Si ly, VVL �. ohn K. BerrigianL�Jr� APvEnu esign Manager Enclosure: Tabulation of Bids LAMMr huleh= 3561ca rreSWut 0hinson83aWvmrdkwommendabon.doe 0 C� (' f) C� (�-) 'z:-O PM P" I,, CITY OF HUTCHINSON HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320 -234 -4209) Consulting Engineer: Earth Tech Inc, Project #833s6, John Berrigan, Engineer 3003 Campus Dr N, Ste 290, Mpls, MN 55441 (763) 551 -1001 Fax: (763) 551 -2499 PLAN HOLDERS LIST $ BID TABULATION LETTING NO. 11 /PROJECT NO. 05 -13 BIOLOGICAL FILTRATION SYSTEM BID OPENING DATE: Wednesday, March 2nd, 2005 at 11:00 am COMPLETION: On or within 15 Days prior to 03/01/2006 ENGINEER'S ESTIMATE: $1,600,000.00 h m O x rn u'ypo mLL € m a e C Q ? 'C rn' c m z z w 9 at 1 dy� N L .�.+ K 0 F LL .o m C o O. �(� ♦=0 6 Z 6 46 n u °off a $ N a Infilco Degremont 8007 Discovery Or Richmond VA 23229 -8605 604- 756 -7600 804.756 -7643 X BID BOND X X X $1,273,725.00 US Filter /General Filter 600 Arrasmith Trail f Ames IA 50010 515 - 232 -2141 515. 268 -8547 X BID BOND X X X $937,467.00 Van Bergen & Markson, Inc 8814 7th Ave N Minneapolis MN 55427 763 - 546 -4340 763 - 546 -0973 Vesscclnc 6861 Flying Cloud Dr 4 Eden Prairie MN 55344 952 -941 -2678 952 - 941 -0796 e e r e a +e C� (�-) RESOLUTION NO. 12656 • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 12 PROJECT NO. 05.14 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Furnishing Reverse Osmosis Systems to be installed in the water production facilities. The Goods and Services consist of furnishing complete reverse osmosis systems and installation, instructional, and post start -up services during installation of Goods. Installation will be by others. bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid American Engineering Services of Tampa FL $ 921,563.00 GE Osmonics Inc of Minnetonka MN $1,510,446.90 and whereas, it appears that GE Osmonics Inc of Minnetonka MN is the lowest qualified bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. . 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with GE Osmonics Inc of Minnetonka MN, in the amount of $1,510,446.90 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2, The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of March 2005- City Administrator C� Mayor q (-0 r] EarthTech A 7ro Inldnalimal UJ Compm 0 March 2, 2005 John Rodeberg, Director Engineering and Public Works City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350-2572 3033 Campus Orive r 763.551.1001 Suite 290 r 763.551.2499 Minneapolis, MN 55441 w .earthtech,com Subject: Letter of Recommendation Letting No. 12, Project No. 05 -14 Procurement of Reverse Osmosis System Dear Mr. Rodeberg: Pursuant to the Official Notice to Bidders, sealed bids for the above referenced Project were received at the Office of the Director of Public Works at 1:00 pm and publicly opened and read aloud. We have reviewed all the Bids received for the Work and have enclosed a complete Bid Tabulation for your information. We take this opportunity to submit our written recommendations concerning the award of contracts. The procurement documents included a base bid, and two alternates. Alternate 1 adds a fourth membrane skid and Alternate 2 furnishes and installs the membrane elements. We do not recommend Alternate 1 be considered. Two sealed bids were received. The low bid was submitted by American Engineering Services, Inc.. of Tampa, Florida in the amount of $ 921,563.00 for the base price and $ 341,943.00 for supply and installation of the membrane elements. The second low bid was submitted by GE Osmonics, Inc. of Minnetonka, Minnesota in the amount of $ 1,054,350.00 for the base price and $456,095.90 for supply and installation of the membrane elements. . It is our opinion that the low Bidder, American Engineering Services, Inc. provided a responsive submittal but was unable to identify the minimum number of positive reference projects to meet the minimum level of experience necessary to be qualified and capable of performing the Work. Furthermore, American Engineering Services, Inc. was unable to demonstrate service capability meeting the requirements of the Work. GE Osmonics, Inc. submitted a responsive bid and is qualified and capable of performing the Work as specified. It is therefore recommended that a contract be awarded to GE Osmonics, Inc. for a sum of up to $ 1,510,446.90, including furnishing and installing the membrane elements. 0 �(f) Letter of Recommendation, Letting N0. 12, Project No. 05-14 EarthTeeh Procurement of Reverse oGmncic qvnt rm A Ttao lnlnnrti al Old, Camosn March 2, 2005 Page 2 of 2 The Engineers opinion of probable cost of construction was $ 2,000,000 which included the fourth unit ($ 250,000) and carbon dioxide removal equipment ($ 130,000). The Engineer's opinion of probable cost of construction, adjusted for these items was $ 1,620,000. The recommended bid is 6.7% below this cost. We respectfully present these recommendations for review and consideration. Si c rely, hn K. Kerrigan, Jr., P'CJ esign Manager Enclosure; Tabulation of Bids L: \wodc\ht,tcM833561coff sHulchinsonW356Aw rdRecommendatlon.doc r� LJ 9 (-f-) 0 i CITY OF HUTCHINSON HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320 - 234-4209) Consulting Engine-or: Earth Tech lnc, PmJec!a83357, John Barrigan, Engineer, 3003 Campus Dr N, Ste 290, Mpla, MN 55641 (763)551-1001 Fax: 1763] 551 -2499 PLAN HOLDERS LIST & BID TABULATION LETTING NO. 121PROJECT NO. 05 -14 REVERSE OSMOSIS SYSTEM SID OPENING DATE: Wednesday, Wa rch 2nd, 2005 at 1:00 pm 1'1 -- — cu i rmn c c: ;c,uuv,uvu.vv -�i. v. .- .'zs- a= :a °gym:4. _ -- z z a - z - a- - - a?,7,_ - -a- -' -tea Cf -c '^a _ .O wa °v -� m-- "-- -mR dam" a- i uzr _�:$.' fa' a a AES Inc American Eagmeering Services 9001 Bnllany Way Tam pa FL 33619 813- 621 -3932 8133214065 X BOND X X X $921,563.00 $237,153.00 3361,943 -00 NO BID GE Water Techrwlogies (GE Osmon") 5951 Clearwater Dr x Minnewnka MN 55343 952 - 988-6067 952- 9883080 x BOND X X x $1,054,350.00 $246,015 -00 $456,096.90 NO BID Tonics 5920 Lakeview Dr r Minnedista MN 55365 952- 470 -1052 952-47D-1062 Membrane SySleme Corporation 12344 Oak !Noll Rd, Ste E Poway CA 92064 909- 939 -0355 909 - 494-4122 US FeteOGoneral Fhter 600 Afrasmilh Trail s Ames IA 50,010 515 -232 -2141 51526 &8547 Vessco Inc 6861 Flying Cloud Dr - e Eden Prairie MN 55344 952- 941 -2678 952 -941 -0796 1'1 RESOLUTION NO. 12657 . RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 13 PROJECT NO. 05 -15 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Construction of a new Municipal Well No. 8. The project includes a new municipal well drilled to an unconsolidated sand formation. The well has a total anticipated depth of 460 feet, includes approximately 380 feet of 18 inch diameter inner casing and approximately 80 feet of stainless steel screen. The project is located in the north- central portion of the City of Hutchinson, Minnesota, near the existing water treatment plant, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid L T P Enterprises Inc of Fargo ND $114,405.00 Mark J Traut Wells Inc of Waite Park MN $136,705.00 Ervin Well Company of Olivia MN $149,643.00 Thein Well Cc Inc of Spicer MN $157,770.00 • and whereas, it appears that LTP Enterprises Inc of Fargo ND is the lowest qualified bidder. 0 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with LTP Enterprises Inc of Fargo ND, in the amount of $114,405.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of March 2005. City Administrator Mayor iL EarthTech A lyre Int,,n,tW,1 UE. Comwrry March 2. 2005 John Rodeberg, Director Engineering and Public Works City of Hutchinson 111 Hassan St, SE Hutchinson, MN 55350 -2522 Subject: Letter of Recommendation Letting No. 13, Project No. 05 -15 Municipal Well No. 8 Dear Mr. Rodeberg: Pursuant to the Official Notice to Bidders, sealed bids for the above referenced Project were received at the Office of the Director of Public Works at 2:00 pm and publicly opened and read aloud. We have reviewed all the Bids received for the Work and have enclosed a complete Bid Tabulation for your information. We take this opportunity to submit our written recommendations concerning the award of contracts. Four sealed bids were received. The low bid was submitted by L.T.P. Enterprises, Inc. of Fargo, North Dakota, in the amount of $ 114,405.00, The second low bid was submitted by Mark J_ Traut Wells, Inc. of Waite Park, Minnesota in the amount of $ 138,705.00. Other bids ranged as high as $ 157,770.00. Two bidders did not acknowledge Addendum No. 2 on the bid forms, including the low bidder. We recommend that the City waive this irregularity and accept all bids as responsive. Addendum No. 2 simply clarified the Affirmative Action Data Page and allowed for the use of a smaller diameter outer casing. Costs are not impacted. It is our opinion that the low Bidder, L.T.P_ Enterprises, Inc., submitted a responsive bid and is qualified and capable of performing the Work as specified. It is therefore recommended that a contract be awarded to L.T.P. Enterprises, Inc. in the amount of $ 114,405.00. The Engineer's opinion of probable cost of construction was $ 200,000. The low bid is 42.8% below this cost. We respectfully present these recommendations for review and consideration. L. Enclosure: Tat5bla6gn of Bids Liw0rklh'Aoh\=541corresW urchinson83354AwardRecommendation .doc %.I I T Ur MU I Ur41N5UN, III NA55AN ST r HUTCHINSON MN 55350 612 - 234 -4209 BID TA ATION CITY OF HUTCHINSON LETTING NO. 131PROJECT NO. 05 -15 - WELL NO. 8 EARTH TECH INC - PROJECT NO. 83354 BID OPENING: 03102/2005 AT 2.00 PM FAIC;IMFFR'C FCTIUATC Q3nn nnn nn - - -_ - Thein Weil Ca inc Q Z A= - - - - - -. - "- - -' iTEM.DESCRIPTION - - _ _ - = - - .--= - = j. - '" -F " -.. _a - �a = - `L T. P. Enterprises Inc Wark J Traut Wells Inc " ° •PO-Box 9035 =_ -_ -- _ -. 141 28thAve S _ Farg6=Nlk,`5$10 =_; ,. Waite=Park.MN 56387 Ervin Well Company 1342 West Depue Ave Olivia MN 56277 11355 Hwy 71 NE P O Box 778 Spicer MN 56288 al"RICE _BiD"TCITAL� BID-(?RICE BIO TQTAL BID PRICE BID TOTAL BID PRICE BID TOTAL 1 MobilizationlDemobilization LS 1.00 S12,500.0GI $12,500.00 $16,500.00 516,500.00 $18,000.00 $18,000.00 S20.000 -00 $20,000.00 2 Drill and sample 6.545ch dia. Test hole {10 -foot intervals} LF 480.00 $11) Da $4,800.00 $10 -00 $4,800.00 S11 -00 S5,280.D0 $10.00 $4, BOO 00 3 Grain -size analysis of selected Sandlgravel samples. EA 10.40 530.00 $300 -00 $50.00 $500.D0 $40.00 5400.00 S50 -00 $500.00 4 Soil Boring Log and Report LS 1 -00 $590.06 $500.00 $100.00 $ ?00.00 51,000.00 $1,000.00 $20000 $200.00 5 Drill 30 -in. dia. Borehole through upper unconsolidated drift. LF 40.00 $55 00 $2,200.00 $30.00 $1,200.00 $100.00 54,000.00 $100.00 $4,00000 6 Furnish and install 24 -in- dia. outer casting. LF 42.00 $110.00 $4,620 -00 $100.00 $4,200.00 $184.00 $7,728.00 $140.00 $500.00 7 Grout annular space between 24 -in- dia- casing and borehole. BAGS 33 -00 515.00 $495.00 $10.00 $330.00 $20.00 $660.00 $20.00 $660.00 8 Drill 23 -in- dia. borehole through IOWeI unconsolidated drift. LF 340.00 $50.09 $17,000.00 $75.00 $25,500.00 $59.00 $20,060.00 $75.00 $25,500.00 9 Fumish and install 18 -in. dia. inner casing. LF 382 -00 565.90 $24,830.00 $80.00 $30.560.0 $90.00 $34,3130.00 $9D -00 $34,380.00 70 Set up and remove grouting equipment- Grout annular space between 18 -in. dia- casing and LS 1.00 $1,500.00 $1,500.00 $1,440.00 51,440.00 $1,250.00 $1,250.00 $1,000.00 $1,000.00 11 boreholelouter casing. BAGS 490.00 58.00 $3,920.00 $15.00 $7,350.00 $16.50 $8,085.00 520.00 $9,800.00 12 Drill 15 -in. dia. borehole through water- bearing sand formation- LF 80 -00 $65.00 $5.240.00 $75.00 :5,000 00 $50.D0 $4,000.00 $60.00 $4,800.00 13 Furnish and install 10 -inch dia. screen; includes ieader. LF 90.00 $130 -00 $11,700.00 $170.00 $15,300.00 $17500 $15,750.00 S135.00 512,150.00 14 Furnish, install, and remove air development equipment. LS 1.00 $4,800.00 $4,800 -00 51,200.00 $1,200.00 Si 250.00 $1,250 -00 $2,50000 $2,500.00 15 15 Perform well development by air surgingla it lift pumping. Perform plumbness and alignment test. HRS LS 80.00 1.00 590.00 $500.00 S7,2o0.00 $175.00 $500.00 $325 -00 $14,000.00 5325.00 5110.00 $60000 $8,800.00 $600.00 $250.00 5500.00 $20,000.00 $50000 U Fumish- install and remove test pump equipment- LS 1.00 58,40090 $8,400 -00 $3,200.00 $3,200.00 $12,000.00 $12.00000 $3.500 -00 $3,50D.00 18 19 Conduct short-term performance tests. Conduct long -term performance tests. HRS HRS 4 -00 12.00 $90.00 590.00 $360.00 5100.00 51,080.00 $100.00 $400.00 $1,200 -00 $150.00 $150.00 $600.00 $1- 800.00 $10000 $100.00 $400.00 $1,200.00 20 Well tlisinfec8onfinspec0on !televising! water testing- LS 1.00 $2,500.00 $2,500 -00 52,600.00 $2,600.00 $4,00D.00 $4.000.OD $6,000.00 $6,0D000 - - TOTAL RESOLUTION N0, 12658 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 14 PROJECT NO. 05 -16 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Construction of a new 1.5 million gallon ground storage reservoir for the municipal water system, The project includes a wire wound, prestressed concrete water storage reservoir with a side water depth of 20 feet, including piping and accessories. The project is located in the north- central portion of the City of Hutchinson, Minnesota, near the existing water treatment plant. bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Natgun Corporation of Wakefield MA $1,427,700.00 Preload Inc of Hauppauge NY $1,512,970.00 and whereas, it appears that Natgun Corporation of Wakefield MA is the lowest qualified bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Natgun Corporation of Wakefield MA, in the amount of $1,427,700.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of March 2005. Mayor City Administrator CJ C� (-e) Q EarthTech A TO Inpmetwel Ltd. Comenq March 2, 2005 John Rodeberg, Director Engineering and Public Works City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 -2522 3033 Campus Drive r 763 - 551.1001 Suite 290 r 763.5512499 Minneapolis, MN 55441 w .earthtech.com Subject: Letter of Recommendation Letting No. 14, Project No. 05 -18 Construction of 1.5 MG Water Storage Reservoir Dear Mr. Rodeberg: Pursuant to the Official Notice to Bidders, sealed bids for the above referenced Project were received at the Office of the Director of Public Works at 10:00 am and publicly opened and read aloud, We have reviewed all the Bids received for the Work and have enclosed a complete Bid Tabulation for your information. We take this opportunity to submit our written recommendations concerning the award of contracts. Two sealed bids were received. The low bid was submitted by Natgun Corporation of Wakefield. Massachusetts, in the amount of $ 1,427,700.00, The second low bid was submitted . by Preload, Inc_ of Hauppauge, New York in the amount of $ 1,512,970,00. It is our opinion that the low Bidder, Natgun Corporation, submitted a responsive bid and is qualified and capable of performing the Work as specked. It is therefore recommended that a contract be awarded to Natgun Corporation in the amount of $ $ 1,427,700,00. The Engineer's opinion of probable cost of construction was $ 1,000,000. The low bid is 42.8% above this cost. Since we prepared our estimate, unsuitable materials to depths of 8' to 12' below the foundation were discovered, requiring the removal of substantial quantities of soils and replacing it with structural fill. Foundation re- design was reviewed, as was relocation of the reservoir, but neither option is cost - effective. The project completion schedule also caused a premium in pricing, which may be addressed after the project is awarded. We respectfully present these recommendations for review and consideration. Sincerely, colt L. Y rig; Progra e Enclosure: Tabulation of Bids L:lworkthutch1IM55,40rr Wulohimon83355AwerdRecommendatlon .doc 9(-(-) q(f) CITY OF HUTCHINSON HUTCHINSON CITY CENTER, 111 HASSAN ST SE, HUTCHINSON MN 55350 (320 - 234 -4209) Consulting Engineer: Earth Tech Inc, Project #8335$, John Berrigan, Engineer 3003 Campus Dr N, Ste 290, Mpls, MN 55441 (763) 551 -1001 Fax: (763) 551 -2499 PLAN HOLDERS LIST & BID TABULATION LETTING NO. 14 /PROJECT NO. 05 -16 WATER STORAGE RESERVOIR BID OPENING DATE: Wednesday, March 2nd, 2005 at 10:00 am COMPLETION: 0 912 612 0 0 5 ENGINEER'S ESTIMATE: $1,000,000.00 NLU n X N n ° n 0 o o° z z s a y € •- a m w 9 n u O w w °a a x a Eagle Construction Company Inc 515 9th Ave NW 1 Little Falls MN 56345 320. 632.5429 320- 632 -5420 Ed Redman Jr Excavating 564 Hassan St SE 2 Hutchinson MN 55350 320 -587 -7733 320- 587 -0880 Erickson & Templin Contracting $45 Hwy 7 West, P O Box 430 a Hutchinson MN 55350 320 -587 -6948 320 -234 -7312 Minnesota Pipe & Equipment 5145 211 th St W, P O Box 249 Farmington MN 55024 651 - 463.6090 651 - 463 -4554 Natgun Corporation 11 Teal Road s Wakefield MA 01880 -1292 781.246 -1133 781- 224 -5196 X BOND X $1,427,700.00 National Waterworks Inc 15801 West 78th St a Eden Prairie MN 55344 952. 937 -9666 952. 937 -8065 Preload Inc 60 Commerce Drive > Hauppauge NY 11788 979. 994 -0550 979.994 -0845 X BOND X $1,512,970.00 Reiner Contracting Inc 21541 Hwy 7 West e Hutchinson MN 55350 320- 587.9886 $20- 587.4847 Rickert Excavating Inc 212 Division St, P O Box 370 e Brownton MN 55312 320 - 328 -4475 320328 -5513 Robert 4 Carr Co 1601 N Highway 59 P 0 Box 1215 10 Marshall MN 56258.1215 507 - 5$2 -2291 507- 532 -2831 Thor Construction 5400 Main St NE, Ste 203 n Minneapolis MN 55421 763- 571.2580 763 -571 -2631 Construction Market Data 9443 Science Center Or 12 Wakefield MA 01880 -1292 $00- 322 -2972 800 - 605.9770 McGraw Hill Construction /Dodge Center West 77th St, Ste 350 L MN 55435 952.831 -5700 952- 831 -8936 q(f) C TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works Hutchinson City Center ll1 Hassan Street SE Hutchlnson. MN 55350.2522 320-587- 5151/Fax 320. 234.4240 1) t _N1 RF: Consideration of Engineering Services Agreement with Earth Tech for Water Treatment Plant Improvements —Phase 3 Design Services DATE: March 3, 2005 Attached please find a copy ofthe proposed contract for the above noted services. The Cityrequested . that additional language be inserted into this contract to provide assurance that performance criteria at the Water Treatment Plant are met. The specific additional section is on Page 3 of 4, and reads as follows: Earth Tech warrants that the WTP Improvements, as designed by Earth Tech, will provide a treated water quality that meets or exceeds U -S.EPA standards for copper (1.3 ppm), trihalomethanes (THM)(0.080 ppm), and hardness (250 ppm). If the facility does not meet these standards at the conclusion of the construction contract(s), and the City is required to spend additional monies in capital improvements to meet these standards, Earth Tech will reimburse the City of Hutchinson for such capital costs up to the value of these design services. The remainder of the agreement is in conformance with previous agreements and financial outlines provided. cc! Gary Plotz — City Administrator . Kent Exner — City Enginccr Randy DeVries — Director of Water/Wastmater Pnnled on recycled paper- q (Q CONSULTING AGRGFQIENT AND AUTHORIZATION TO I'Kt�C1iEll This Agreement between EARTH TECH, Inc, d.h,n. Earth Tech Consulting, Inc., it California corporation, ("ETI-) with offices at 3033 C a nipus Drive North, Suite 290, Minneapolis, Minnesuta 55441 and City of utc ninsun t "CLIENT "), with ollices to I I I assan Street S E7 utchinson.MN53350 L ETI agrees to perform the services described in its PROPOSAL dated: February 25, 2005, including ❑llachnnenls IIInI a111nCllthllellt� ("SERVICES"). 2. CLIENT authorizes ETI to perfitrm these SERVICES fiir the following project and lucinion: E ' leerin ervices - WTP h vements'- Phon •e 3 Design Services ETI is willing to perform the SERVICES it exchange fur the litlluwing fee (cheek and cnuiplae): CLIENT will pay on a time and material hasis. ETI will invoice according to the Fee Schedule* auached to the PROPOSAL. X CLIENT will Pay it lump Fum of $225,000.00, ETI will invoice monthly on n percentage completed basis. CLIENT will pay on a time and material basis not to exceed the sum of $ . ETI will invoice according to the Fee Schedule* attached to the PROPOSAL up to the stated limit. Upon reaching the limit, ETI will stop perlitrming unless CLIENT authorizes further work in writing. CLIENT will pay it retainer in the amount uf$ , to be applied against the fee. ETI reserves the right to adjust its Fee Schedule annually. 4. Billing: ETI will submit invoices to CLIENT monthly. CLIENT recognizes thin timely payment is a material part of this Agreement, Each invoice is due and payable within thirty (30) calendar days of the date of the unvoire. CLIENT will pay an additional charge of one and one -half percent per month not to exceed the tmnximum rate allowed by law for any payment received by ETI nhue than thirty (30) Calendar days from the date of the invoice. CLIENT will pay when due that portion of invoice, if any, not in dispute. If CLIENT fails to pay any undisputed invoiced amounts within thirty (30) calendar days of the date of the invoice, ETI may suspend its: performance or terminate dos Agreement without incurring any liability to CLIENT and without waiving tiny other claim against CLIENT. 5. Special Provisions: , _ NONE ATTACHMENT 6. CLIENT RECOGNIZES TI•IAT THE PRESENCE OF HAZARDOUS MATERIALS OR POLLUTION ON OR BENEATH THE SURFACE OF A SITE MAY CREATE RISKS AND LIABILITIES. CONSUL'T'ANT HAS NEITHER CREATED NOR CONTRIBUTED TO THIS POLLUTION. CONSEQUENTLY, CLIENT RECOGNIZES THIS AGREEMENT WILL ACCORDINGLY LIMIT CONSULTANT'S LIABILITY. CLIENT cunftrms reading this document in full (including the terms 7 thnvugb 18 on the following page). This Agreement when executed by Earth Tech is tin offer to perform the ,ervicae, open for acceptance within 30 days. This Agreement becomes effective on the date CLIENT signns below, CLIENT: By: Name: St ven W. k Title: Mavur a Name: i •v D. Plutg Title: City Adminis[•a or *ate: Coil%%( i %k !Ault 13, 19981 i l OA131 ETI - EARTH TEfH, Inc., M IItle. V'c resident Date' February 28 2005 Tech Consulting, Inc. CJ Stuhdurd or Care: ETI will perlivul the Services in accuonlancc With Ile stuulanls of care and diligence norually prncticerl by cunrulling firms �erfilrning nerx'l[tes of it Ki tilal nature it die Same locale. 3. Indennnilyll- nritartiun of Liability: Subject ho any hmiunions shoed in this Agreement, ETI N% III indemnity and hold hmmllegs CLIENT. its officers. direi employees. amt Subaxmtructors. Irons lull] against all ctahas solid actions. including reamnahle :utoroeys f1i arising out of 11alnagen or aljmhen to persons or Dirigible property to die extent they are CarSed by a pnoftnaimlally negligent acts emir. or omission of ETI 1111 anv Of . Its IIgellts. subcontractors, Or timplryees in Olt pel'Iinlllance of Stinues plater Olis Agmcnicrlt. ET( will not he responsible for ally loss. damage, or liability arising from any contributing negli�ent acts by CLIENT. its suhconuncnns. agents, staW or consultants. Neidmr party will he responsible to doe other for conscgoendal damages in, (ding. hilt pint limited to. loss of profit. loss of invesunent Or business m1cmiption. The CLIENT also agrees to reel otcourse only agaiasi ETI and not rogronst its officers. enployees. directors. or shareholders. The C'LIEN7' ngtrrs to limit, L"It s linblity slur m b,enrlt of vonn'ncl, warV1111), uruegligerrt at-IS, v)'rms ur nnlissions of 6Tl In $,50,001) ur fore fee paid to ETI under this Agreeittent, orbir /fever is stratus 9. Insurance: During die period dint Services arc perfomhed order this Agieennenl. ETI will maintain the following insurance; (I) Workers" Compensation coverage hi Aa rdsonce with the laws of die states having jurisdiction aver its erlhployees engaged ill the Services and Enifiloyef n Liability ion imnce (knit of 5500.000 each occureence.): (2) Commercial General Liability Policy with a Until of $1,000.000 per 1a:culrencc and a $2.000,000 aggregate; (3) Conuuertial Antmnotide Liability with A lalul of $500 -000 per occirrence and a $1,000,000 aggregate; and (4) Professional Liability coverage with a $500.000 linos ma each claim and a $1.000.000 aggegate. Cliem agrees E77 will not be lie /ale for any fuss, damage, u Iin bit ily a; isIng sow of this Agreement be..?mnd live cosermgii, and con di tia n s of sit clr insaronre with limits as srnred above. 10. Namrdous Substallucti limrdous Waste: CLIENT represents drat if CLIENT knows or has reason to suspect that hazahaluan substances or pollution may exist at the project site. CLIENT hit$ folly inf'omled ETI. In the event ETI encounters hazlaMnns Suhstvnces or contamination siglnilicantly beyond that Eiriginally represented by CLIENT. ETI nhay suspend its Services and enter into good faidh renegotiation of this Agreement. CLIENT acknowledges that ETI has no resp nsihibty as m gencrntir, [renter. Storer, or disposer of hazardous or toxic substances found or identified at a site and CLIENT agrees to defend, ihdenuiify. and hold harniless ETI, fore any Glare Of liability, arising ont of ETI's perfornuuhce of work under this Agreement and made or brought against ETI for any actual or threatened cnvinnunehtal p lluton or contamination exaxpl to the extent that ETI has negligently caused nr contributed to any Such pollution nr contamination. This uulenin lication inuindes reasonable attorney fern mid expenses incurred by ETI in defense of such claim. It. Sample'Owdership: All samples and u1nilgs of materials containing hazardous contlmiiulntc are the property and responsibility ill' CLIENT. Removal of cuttings font die project site will reuahin Ole obligation of" CLIENT. Absent direction from CLIENT, ETI may return all cnntanhi ated samples and laboratory bylmoducts to tine CLIENT for proper dispxosal or tieailleot. 12. Buried Utilities: ih those anhatiunn where ETI perfomus subsurface exploration, CLIENT, io the extent of its knowledge, will funush to ETI inforitration identifying the type and )nation of utilities and other nhan -nvide objects benheadh the Surf'uwe of die project Sipe. ETI will lake reasonable precautions to avoid doultaging these ntilitiei or objects. Prior to penetrating doe silt's surface, ETI will filnush CLIENT a plan indicating toe kwatioluv hit ended for penetration. CLIENT will approve die location of these Penetrations and authorize ETI to pruu ed, 13. Docugtents and Records: CLIENT ackniwledgea tint ETI's reports, horiag logs. field data, hell notes, laboratory test data, cook illations, estimates And other surtilar documents ( "Records ") are inntrumenQ of professional service, not products. All data ETI prepares fir CLIENT under this Agreement will remain the property of ETI. CLIENT will not list any M dash or report for any purpose other dian its original purpose as defined in Ole PROPOSAL. CLIENT has no rights to irworriplete or partial data. ETI will retain these Rerauris for a period of three (3) years following completion of this project. During this time. ETI will reasonably make available the records to Ore CLIENT. ETI nixy charge a reasonable I've in addition to its professional fees for retrieving or copying such records. 14. Change Orders: ETI will treat as A change order any written or oral older (inclining directions, instructions, interpretations or deternlinatinns) fione CLIENT which rerynest changes in the Services. ETI wild give CLIENT notice within ten (10) (lays of the change order of any resmltrng increase it fee. Unless Client Objects in writing within five (5) stays, the change order becomes a part of dins Agreement. 15, Third -Party Rights: Except as specifically stated in this Agreement. this Agreement sloes not create any right` or benefits to parties Otter than CLIENT and M. 16, Assignmeut/&ortus: The CLIENT will not delegate, assign. sublet, or transfer any interest in this Agreement without the written worhsent of ETI. ETI is an independent consultant and not the Agent or etuployee of CLIENT. IT Tworinatiou: Eider party nary temhiaate die Services with or without uhnse upon ten (10) days advance written nor=, If Client terminates widlonl cause. CLIENT will pay ETI costs incurred, nonuuhcehlble connnutracri and 1 "ens eamad to the date Of lemhinauan and through demohikittion, including any cancellation charges of vendors and Sulocmiractors. . 13 Complete Agreement: The Parties acknowledge this Agreement. irw iding Ole Proposal and why Altacluments constitute Vic entie Agr'eemcnt between uheu. Unless stated otherwise in Otis AgrennenL tOS Agrtelient truly not be modified ekcept ill a writing signed by hoth parties. The parties agree that California law governs this Agreement and any dispute involving die Agreement. 0 Coris%Blik i Ar g 13, 19981 i 10/03, Pnge 2 of ENGINEERING SERVICES PROPOSAL WTP IMPROVEMENTS -Phase 3 Design Services Hutchinson, Minnesota February 25, 2005 Project Background Earth Tech completed a "WTP Design Study ", dated April 2004, for the City of Hutchinson recommending a membrane treatment facility utilizing reverse osmosis and biological filtration to meet the City's desired water quality goals, including source water iron and ammonia reduction and copper corrosion control. On April 27, 2004, the Hutchinson City Council adopted the recommendations and supporting reports, and authorized City staff to enter into an engineering services agreement with Earth Tech to implement the project. Earth Tech completed the "Water System Improvements Preliminary Design Report, dated October 2004, which provides design documentation for the improvements and was the basis for the "Value Engineering" review conducted by the City of Hutchinson. Value Engineering was conducted on Tuesday, October 26, 2004, the findings of which are documented in Meeting Minutes received November 14, 2004. City staff developed action items from the value engineering review and a memo, dated December 14, 2004, documents those items. The value engineering action items, together with the preliminary design report, equipment procurement and the well & reservoir design, provide the basis for Phase 3 activities on this project. Project implementation consists of multiple procurement/construction contracts, including: 1. Membrane Equipment Procurement 2, BioFilter Equipment Procurement 3. Water Supply Well 4. Ground Storage Reservoir 5. WTP Construction & Equipment Installation Engineering services will be implemented in four (4) phases, including: 1 . Preliminary design & procurement documents 2. Equipment procurement. well & reservoir design and bidding 3. Final building design 4. Engineering construction - related services (CRS) EarthTech A uv .m'qui 9(_ WTP Proposal-Phase 3 Design Services February 25, 2005 Paget of 4 III Earth Tech Responsibilities 0 This proposal addresses Phase 3 engineering services to implement the recommended plan. Major efforts include: Provide assistance with funding and regulatory approvals 2 Incorporate selected treatment equipment into WTP building design 3. Design water supply pumping facilities for: a. New Well No. 8 b. Existing Wells No. 4 -7 4. Design wetland treatment system, consistent with regulatory requirements 5. Design WTP building consistent with City requirements, including: a. Architectural features alternatives — Reservoir and WTP Building b. Yard piping & site grading c. Offsite piping & improvements d. Piping coordination w /other City projects e. Space and features consistent with City - approved plan 6. Provide a hazardous materials inventory for existing structures 7. Provide a demolition plan for existing WTP 8. Provide limited design survey information for the wetland site Funding & Regulatory Approvals Phase 1 & 2 services included the application for permits from various local, regional, state and federal regulatory agencies. Earth Tech will continue to assist the City in the acquisition of these approvals and provide assistance in the pursuit of appropriate funding mechanisms for the project. Final Building Design Services For this final phase of the design effort, Earth Tech will design remaining project features and develop technical specifications for all aspects of the project. Bidding documents shall be prepared for a single construction contract, utilizing Earth Tech's standard bidding documents (EJCDC) for construction projects. Earth Tech will continue to work with City staff to finalize exterior, architectural treatments to the WTP building, reservoir and related structures. Such features include the composition and color of the exterior fagade, window styles and use of skylights/clerestories, sidewall and roof details and other pertinent features for the exterior of the structure. EarthTech C� (�) WTP Proposal -Phase 3 Design Services February 25, 2005 Page 3 of 4 Earth Tech warrants that the WTP Improvements, as designed by Earth Tech, will provide a treated water quality that meets or exceeds U.S. EPA standards for copper (1.3 ppm), trihalomethanes (THM) (0.080 ppm), and hardness (250 ppm). It the facility does not meet these standards at the conclusion of the construction contract(s), and the City is required to spend additional monies in capital improvements to meet these standards, Earth Tech will reimburse the City of Hutchinson for such capital costs up to the value of these design services Client Responsibilities The City of Hutchinson shall be responsible for the following services. 1. Assign a Project Manager, who will be the primary liaison with Earth Tech staff during the conduct of the project. This person shall generally provide direction and decisions on behalf of the City, 2. Assign City staff to be responsible for developing the alternative architectural features. 3. Provide real estate documents showing City ownership of all parcels upon which the project will be constructed. 4. Provide background reports and information, as may be available and necessary • for the conduct of the project. 5. Coordinate project requirements with the Minnesota Department of Transportation (MnDOT), who is planning an improvement adjacent to the WTP Improvements, as well as other local projects. 0 Meetings Our scope of services anticipates the following review meetings: 0 Architectural Features Selection • Design Kick -off Meeting • 70% Design Review • 90% Design Review • Project Updates every 4 -6 weeks • Council Presentations, as requested EarthTech � ya.InrbnuN nl llc emrnn 9 (0� 11 0 0 WTP Proposal -Phase 3 Design Services February 25, 2005 Page 4 of 4 Fees Earth Tech will complete the Services described above at a cost of $225,000. Schedule Earth Tech proposes the following schedule, which is based upon authorization to proceed by March 23, 2005. Project Start-up & Implementation Design Kick -off Meeting Architectural Features Selection 70% Design Review 90% Design Review Bidding Documents Completion L \work \hutch \78361\projmgt \WTP Proposal Phase 2 20041222.doc EarthTech AIp'101-11 41LIf :mpury March 25, 2005 April 13, 2005 April 15, 2005 July 15, 2005 September 2, 2005 September 30, 2005 C� (L�) C 0 Hutchinson City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 320. 587.5151 /Fax 320 - 234.4240 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works Randy DeVries, Director of Water /Wastewater Operations RE; Consideration of Engineering Services Agreement with Donohue & Associates to Complete Sewer Service Charge System Update DATE: March 3, 2005 • As noted at the last City Council meeting, our sanitary sewer system rate study was last fully reviewed in the late 1980's. We have completed a couple of updates, but due to changes in technologies, industries and regulated materials, as well as having a clear background of treatment capabilities at the facility, it is now important that the rate study be completely reviewed and updated. The issue of the appropriate rates was raised by HTI, and we have moved forward in addressing the immediate issues, but we now need to complete a review of the total system. Donohue & Associates personnel completed the rate study in the late 19807s, and have the best background, experience and familiarity with Hutchinson's systems to complete the work. This work is budgeted in 2005. We recommend approving the Engineering Services Agreement with Donohue & Associates in the amount of $19,100. cc: Gary P]otz — City Administrator ioKent Exner — City Engineer Printed on recycled paper • \ I �) L ENGINEERING SERVICES AGREEMENT Project: Sewer Service Charge System Update (Project) This Agreement is by and between: City of Hutchinson (Owner) City Center 111 Hassan Street SE Iutchinson, MN 55350 and Donohue 8t Associates, Inc. (Donohue) 3311 Weeden Creek Road Sheboygan, WI 53081 Who agree as follows: Owner hereby engages Donohue to perform the Services set forth in Part I for the compensation set forth in Part III. Donohue will be authorized to cotruneuce the Services upon execution, and receipt of this Agreement from Owner. Owner and Donohue agree that this signature page, together with Parts I through IV attached, constitute the entire agreement for this Project. APPROVED FOR OWNER 13y: Printed Name: Title: Date; APPROVED FOR DONOHUE By: S , Printed Name: Edward S. Nevers RE. Title: Vice- President Date: a? 4 a Q a� h� PARTI • PROJECT DESCRIPTION /SCOPE OF SERVICES/TIMING A. PROJECT DESCRIPTION The original Sewer Service Charge System was developed in 1988 and several minor updates have been done to the sewer service charge rate schedule since that time. One of the industries in the City has expressed a concern that the BOD surcharge is too high and not competitive with the surrounding communities. This project will include a review and update of the entire Sewer Service Charge System. B. SCOPE OF SERVICES Basic Services to be provided by Donohue for this Project under this Agreement are as follows: 1. Review wastewater treatment plant influent flow and loading records for 2002, 2003 and 2004. 2. Review water utility customer water usage records by customer class for 2002, 2003 and 2004. 3. Review number of sewer customers by customer class for 2002, 2003 and 2004. 4. Review wastewater flows and loadings records for the major industries for 2002, 2003 and 2004. 5. Review records of sewer customers on private wells for 2002. 2003 and 2004. 6. Review annual bond or other debt payment schedules for 2005, 2006 and 2007- 7. Review annual operation and maintenance expense budgets for 2002, 2003, 2004 and 2005. 8. Review equipment replacement fund account information and annual budgets for 2002, 2003, 2004 and 2005. 9. Review current sewer use and wastewater rate ordinance. 10. Calculate new sewer service charge rates. 11. Provide our findings and recommendations in a letter report. 12. Meet with the Owner to present the letter report. C� C, PROJECT TIMING Donohue shall be authorized to commence the Services set forth herein upon execution of this Agreement. Donohue shall complete the Services within the calendar year of 2005. PART II OWNER RESPONSIBILITIES A. In addition to other responsibilities of Owner set forth in this Agreement, Owner shall: 1. Identify a person authorized to act as the Owner's representative to respond to questions and make decisions on behalf of Owner. accept completed documents, approve payments to Donohue, and serve as liaison with Donohue as necessary for Donohue to complete its Services. 2. Furnish to Donohue copies of existing documents and data pertinent to Donohue's Scope of Services, including but not limited to previous rate studies and rate study updates. Page 2 �Ch) PART III . COMPENSATION, BILLING AND PAYMENT 40 1 A. Compensation as defined in the Scope of Services (Part I) of this Agreement shall be a lump sum of $19,100. B. Donohue will bill Owner monthly, with net payment due in 30 days. C. Donohue will notify Owner if Project scope changes require modifications to the above - stated contract value. Services relative to scope changes will not be initiated without authorization from Owner. Page 3 PART IV STANDARD TERMS AND CONDITIONS 1 STANDARD OF CARE. DOnnhu,'a Scrvmcsshal l be performed in accordance with the siandard of professional pragiee ordinarily axemised by the applicable profeS,don under Sumter circumstances ar the same [Inc and in the local irv,her, the Scrvlce, arc r perfomed. services Professional arc not subject to, and Donohue does not provide. any warranty or guaranlOc, express Or implied. Any warranties or guarantees contained in any purchase orders. rcgwsitinns, or notices to proceed issued by Owner arc eoid and not binding upon Donohue. 2 CHANGE OF SCOPE. The Scope ol'Scrvlcus fcl forth in this Agreement is based on facts known a, the time of e.xeculton of Ihls Agreement, inclurhng, if applicable, information supplied by Owner. Fur sorne poitcTS involving cnnccpnial or pi oecss devcicpmco SMry ccs, scope may nut be fully dcfmable during Ininal phases. Ay the project pmgre ;scs, fans discovered may indicate that the scope must be redefined Donohue will prompgv provide Owner with a carmen amendmunl o this Agrccaicni to recognize such change, wryieh shall be deemed accepted Ifnot ablated to within 15 days ofrmdpf by Owner. 7. HAZARDOUS ENVIRONMENTAL CONDITIONS Unless expressly staled otherwise in the Scope of Services (Pan I) of this Agreemeni. Donohue's scope of services doua not Include Any services relating to) a Hazardous Environmental Condiuvn, Including but not limped Ti the presence AI The Project site of asbestos, PCBs, pertmlcunn, N=TLIau5 substanmy Or any Olhcr pvilumni or contaminant, as thus, Tomas arc defined In pertinent federal, state, and local laws. In the event Donohue or any other party creaunfer; a Hazardous F.nlemenoual Condition, Donohue may At its ipion suspend performance of services until Owner; a) retains slvtrrupnnte continuos or contractors to Identify and remcdiate or remove the Hazardous Environmental Condiuvn: and b) warrai[s that the PrOIeo site Is in full compliance with all applicable environmental laws. 4. SAFETY. Unless spceif1co11v included as a service Io be provided under this ASnc.unent, Donohuc,pmci heally di ;elmms any auWOrity yr responsibility fir N;,neraljob sire aafmy. or the safety of Female, (other than Dorvhue employees) it property. 5. DELAYS. If performance of Donohue's Service. its delayed through no fault of Dnnnhue, Donohuc shall be entided to an extension of Time equal in [he delay and an cqunable adjustment in compitmalivn 6. TERMTNATION /SUSPENSION, hllhcr parry may lcrmnaw This AeIncnl upon 7o days written nitrcc to the other party. Dann .hall pay Donohuc firrall Services, mcludmg profit rclming Thereto, rendered prior to tennina Lion. plus any expenses of termination Ifkithcr party defi alts in its obligations under this Agrecnncnt (including Owner's obligation to make cquiral paymcmS), The non- dcfaahing pony may, a0krglvrng seven days wmten notice, suspend pet fannance under This Agreement. The nanEcfaulling party may not su5pcnd perfonnance if the (1efauhing party commences to curt such 4efault within Thu seven -day noucc period and completes such cum within a rcmnnabl, period ofdmc Donohuc ,nay tfm uefte this Agreement upon seven days written notice of A) Donohue 6cl eveb that Donohue Is being regUcAed by Owe-, to perform services comtrairyto law Or Derrohoe's responsibilities as A licensed Professional: or b) Donohue's Services for the Project are delayed, suspended, or Irneruptod fill A period ofal lead 90 days for reasons not agributablc to Uorohtic's perf rmincc ofScrviccs'. or c) Owner has faded to pay any Amolmt due and owing to Donohue for o period if at least 60 days. Donohue shill have no liability to Owner on account ofsuch wrouinatinn ' 7. OPIMONSOFCONSTRUCTIONCOSl Anyopinlnnofeonsma ]ioncosuprcPared by Donnhnc Is supplied for the general guudancc if Th. Owner only. Si... Donohuc has no commit over compihtwc bidding or Trimno T candrrms, Donohuc ynnoL guarantee the acouTaey ofsuch Opinions as compared to conTmn bids or actual costs b Owner. 8. RELATIONSI IIP TO CONTRACTORS. Donohuc shallscrvc a a Owner's professional representative for the Services. and may make recommerlda[iuns to Owner .onceming Actions rcla ling to Ownn's contactors. Donohue specifically discoims any aIL(h,nly to dime[ m supervise the means, methods, ,eehmques, sequenets or procedures ofeansm,ctton sdv.tkd o used by Owner's eontranem Donohuc neither guarantees The performance ofany Accordance mntramor nor chum csrmeldohiliry Ibr any mnvaeurr's ladurc to perform in accordance with the construction contract do.umcnls. 9. CONSTRUCTION REVIEW, h'ur projects involving ennstm.nan, Owner acknowledges that under generally accepted p,01c,monal practice, inrerpretanons of construction documents in the held are normally required, and that perfomsance of construction.rclaled s.rvmes by the design professional for The project permits .Tors or omissions to be identified end careered m comparatitecly loin cost. Dump agrees to hold Donohue harmless from any claims mulling from Per fornTaoCe of ecentruclion -rdamd professional services by perxons other than Donohue. 10, INSURANCE Donohue will maintain Professional Liability, COmmemlBI General Liability, Automobile, W orker's Coupenwtion, and Employer's Liability insurance coverage in amounts in accordance with legal and Donohue's business requirements. Donohuc shall pmvtde to Owner .enillcatcs demonstrating such coverage upon request. For projects Involving construction, Owner ngTces to pmTmT Donohuc's interests through approprmm property and liability insurmce. and to require its construction contractor, ifany, on include Dnnnhue as an Additional Insured on Cinrmetor's policies relating to the Project, Donohue's coverages refo-en.ed above shall, In such case, he excess over cam eleer's primary eovemga 11. INDEMNIFICATION. Donohue shell indemnify and save harmless Owner from and against Inca. liability, claims. and dansnges sustained by Owner due to bodily injury or death to persons or damage to laregiblc property to the extent caused by 'he willful misconduct or negligence of Donohue, its agents, Or employees. To the fullest extent permitted by law, Owner shall defend. indemnify and save harmless Donahue, its agents, ceoplivan, and representatives from and against loss, liability, claims, anddamagcs(including reasonable Animcys'and ennsullnnts' fees) arising from m relating to the Project in anyway, except to The extent Thal such loss, liabdiny, cleans orciamage; arc caused by the willful misconduct or negligence of Donohuc, its agents or employees. Owner also agrees to require, its construction contractor, if any, to include Donohuc as an. a) indemnitct under any IndcrmnrfientioT obli fi non to Owner; and b) additional ducted under its Commercial General Liability policy, To the fullest ewem permitted by law, Owner shall Indemnify, defend. and hold harmless Donohue, rs employees, agents. and etn"en4atives, and Donohue's subconsuhams, from and against any loss, liability, claims and damages cau¢ex{ by. arising vu, If-1111-lung from the presence at the Project Site ofashestos, PCBs. petroleum, hazardous substances, or any Other pol lumen Or contaminant, is (hose terns arc defined in pcnincnT federal, stone, and local Imes, ex.cpn TO the extennhat the loss, liabilily, or damages are caused solely by the willful misconduct it negligence of Donohue, Its agents or employees. 12. L.IHITATIONSOF LIABILITY. Ni Owner. shareholder, principal, employee or agent Of Donohuc shall have individual liabihry to 0wncr, and Owner covenants and agrees not Ti sue any such Individual in connection with the Services under this Agreement Owner agree; that, to the fullest extent NrImined by law. Donohuc'; total liability to Owner for anv and all injuries, claims. losses, expenses or danwgcs whatsoever arising out ofur m anv way related in The Project or this Agreement from any causes including, but not limited la. Donohue's negligence, errors, omissione, strict liability, or breach ofenntram, shall Doi cx.ccdthc total compknsalion rcecivcdby Donohucundcrth,s Agrccm.nt IfOwnndcsims a Timm of liability gicatrr Thor that provndcd above, Owner and Donohue shall include n Pan III Of this Agreement The amount ofsuch limit and the additional compcnsatron to be paid ,u Uanohuc for assumption of slch additional risk. IN NO EVENT AND UNDER NO CIKCUMSTANCF.S S)CgLL DONOFIUE BE LIABLE TO OWNtR FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAAJAGE9, 11 OWNERSHIP AND REUSE OF PROJECT DOCUMENTS. All documents and other deliverable., in all media, prepared by Or On behalf of Donohue in connection with this Agr.ement arc instmments afscrvice, and Donohue shall hold the copyright ,o and ali other ownership and property Inecresu in such instrimems of service. Owner shall not reuse any such dot: .uruns or ocher delbcrables penaming To the Pmjeet fir anv purpose other than that for which such documents or dch,crabiet were originally pr.parcd. Owner shall not cause or allow the alteration Of such documvms or deliycmble; without written venfmation and approval by Donohuc for The specific purpose intended, and any alleration by Owner shall b. AT the Owner's sole nsk. Owner agrees to defend, indemnity, and hold harmless DOnuhue front all claims, damages, and cxpcmc; (including rcamnahic attorneys' and consultants' fees), arising out Of such reuse or atrmtion by Owner Or others acting through Owner. 14. FLBCTRONIC MEDIA. Copicsofdocumcntstho[ may bcmlicd upon by Owncrarc limited to printed copies that arc signed and scaled by Donohuc. Files or information in dcciromc media are furnished by Donohue to Owner solely for convenience of Owner, If there is a discrepancy beween elect, onle G Its a nd printed copies, the primed copies govern. Because dam pnomd in electronic media forma, can deteriorate rte be modified, the Owner AgTtts to perform accepnanee tests within 60 day. DonehLle will not be responsible to correct Any.ros or for maironnnee of documents in electronic media format After the acceptance pkrmf. 15. AMEN7)MENT. This Agreement, upon execution by both panics Inlet., can be amended only by a written mstmineue stood by both panics, except as prreidcd in Paragraph 2. 16 SUCCESSORS. BENEFICIARIES AND ASSIGNEES. This Agreement shall he binding upon and inure to The bcncfil of the owners, administra OrS, cxceumrs, S.CW$5oT5. and legal representatives of the Owner and Donohue. The rights and obligations if this Agreement cannot be assigned by either parry without written permission of the alike party. This Agreement shall be binding upon and inure to the benefit of any pcmtim.d assignees. 17. NO THIRD -PARTY BENEFICIARY Nothing contained in this Agreement. nor the performance of the panics hercvnder, is Intended to benefit, nor shall iium to The benefit of, any third pony, including Owner's OmStneTion.rnUactvri, if any. 18 STATUTE OF LIMITATION. TO the fullest extent permitted by law, pa rtics agree Thal, cxccpt for claims (be indnnnificmtan, the Time scriod for bringing claims under this Agmemcnl shall expire one year after Prujc t completion. 19. DISPUTE RESOLUTION, Owner and U[mahuc shall provide written notice of a dispute within A reasonable lines and after the event giving rise to the dispute Owner and Donohuc agree to negotiate any dispute odwcen them in good faith fur a pcnod of 30 days fullowmg such notice Owner and Donohue may agree to submit any dispute to,nediminn or binding arbitration. but doing so shall not he required Ora prerequisite to initialing a lawsuit to cif cce this Agocmem, 20. CONTROLLING LAW, This Agrecmentis governed by the law of the stmc in which the Project its located, 21. NO WAIVER No waiver by either party of any default by the other party in the performance of any panicuAT section of this Agreement shall invalidate any other section of this Agreement or operate as o warvcr of any future dcfaull, whether like or different in character. 22, SEVERABILITY. The various terms, provisions and covenant; banana contained shall be deemed to be separate and severable and the invalidity or uncnforccabiliry Of any of them shall not affect or nnpair the validity or enforceability tribe remainder. 23. AUTHORITY, The persons signing this Agreement warrant that they have the authority no sign as. or on behalf of. the parry for whom they arc signing. 24. SURVIVAL. All express representations. indemnifications and liminations of liability included in this Agreement will survive Its completion or termination for any reason Dale: Augusf 2004 r-1 L J Hutchinson City Center 1 I IIIIYIY TO: Mayor & City Council FROM: Gary D. Plotz DATE: March 2, 2005 III Hassan Street SE Hutchinson. MN 55350.2522 320. 587- 5]SI/Pax 320. 234.4240 SUBJECT: Required Training for One Member of Local Board of Equalization The McLeod County Assessor is recommending that two members from each local Board of Equalization attend an appeals and equalization course developed or approved by the Minnesota Commissioner of Revenue. According to state law, at least one member must attend this course by no later than January 1, 2006. Ideally, the County Assessor would prefer that two members attend this course before the City of Hutchinson's May 19, 2005, review. -I 'he course is put on by the Minnesota Department of Revenue and would last approximately 2 %, hours- The course is scheduled for March 15, 2005, and the Assessor has reserved two spots for representatives from Hutchinson. The course will be held at 1:30 p.m. in the McLeod County Boardroom, which is in the lower level of the Courthouse in Glencoe. If this date does not work for two Councilmembers, regional training will be held later this year, however travel would be required. I request that the Council appoint two members to attend this training on March 15, 2005, at 1:30 P-m. Primal nn myaed paper - ORDINANCE NO, 05 -0401 0 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: That part of Lots 1, 2, 3, 4, 5, 6, 7 and S. all in Block 21, NORTH HALF OF HUTCHINSON, according to the recorded plat, and that part of the North 16.50 feet of Fourth Street (now known as Third Avenue NW) as vacated b resolution passed and adopted by the City Council of the City of Hutchinson on the 14h day of October, 1915, lying southerly of a line drawn parallel with and 8.50 feet northerly, measured at right angles, from the centerline of the main track of the former Burlington Northern Inc. as said track was located on February 12, 1991, and lying westerly of the east line of said Lot 1 and its southerly prolongation and lying easterly of the east line of the West 20.00 feet of said Lot 8 and its southerly prolongation. for good and valuable consideration thereto, is hereby sold and conveyed to the Southwest Minnesota Foundation, together with all hereditaments and appurtenances belonging thereto. Section 2. The sale of municipally owned real estate is authorized in exchange for payment, by cashier's check, certified check, or other guaranteed funds, in the amount of by the Southwest Minnesota Foundation. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 22 "4 day of March, 2005. ATTEST: Gary D. Plotz City Administrator 0 Steven W. Cook Mayor