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cp06-13-2017C CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA Hutchinson City Center 111 Hassan Street SF. Hutchinson, MN 55350-2522 Phone 320-587-5151, Fax 320-234-4240 NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, June 13, 2017 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for -Tuesday, June 13. 2017, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 1 1 l l lassan Street SI, I lutchinson, Minnesota for the following purpose: ■ Discuss City's Master Facility Planning Process DATE[): June 7. 2017 POSTED: City Center _ 4 Matthew Jauni ity Ad � ' trator HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 13, 2017 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Faith Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Approve/Deny Resolution No. 14725 — Resolution Approving Cash Donations PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of May 23, 2017 (b) Council Workshop of May 23, 2017 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Closing 1St Avenue Southeast on June 21, 2017, beginning at 4:00 p.m. for Riverside Church Event (b) Consideration of Non -Waiver of Tort Liability Limits for General Liability (c) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County Voiture 414 on November 21, 2017, at VFW Post 906 (d) Consideration for Approval of Resolution No. 14720 — Resolution Supporting the Abolishment of the Trunk Highway 15 Coalition (e) Consideration for Approval of Resolution No. 14731 - Resolution Approving State of Minnesota and City of Hutchinson Master Partnership Contract CITY COUNCIL AGENDA JUNE 13, 2017 (f) Consideration for Approval of Improvement Project Changer Orders 1. Change Order No. 1 — Letting No. 8, Project No. 17-08 (Wastewater Treatment Facility Membrane Cassettes Replacements) 2. Change Order No. 1 —Letting No. 2, Project No. 17-02 (School Road and Roberts Road Reconstruction) (g) Consideration for Approval of Items for city Alley 936 Improvements (Letting No. 13, Project No. 17-13) 1. Resolution No. 14727 - Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14728 - Resolution Receiving Report and Calling Hearing on Improvement (h) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. 9. APPROVE/DENY ORDINANCE NO. 17-773 — AN ORDINANCE AMENDING CHAPTER 54 STORMWATER MANAGEMENT (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) 10. CITY PARKING LOT I IMPROVEMENTS PROJECT (LETTING NO. 12, PROJECT NO. 17-12) (a) Resolution No. 14729 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14730 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 11. DISCUSSION OF MAINTENANCE OF DAKOTA COUNTY TRAIL UNFINISHED BUSINESS NEW BUSINESS 12. APPROVE/DENY ORDINANCE NO. 17-774 — AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO ERIC WANGEN (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) 13. APPROVE/DENY ORDINANCE NO. 17-775 — AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY -OWNED REAL PROPERTY TO MIDCOUNTRY BANK (FIRST READING, SET SECOND READING AND ADOPTION FOR JUNE 27, 2017) 14. APPROVE/DENY HOSTED WIFI SERVICES AGREEMENT WITH NEW ULM TELECOM, INC. 15. APPROVE/DENY RESOLUTION NO. 14726 - RESOLUTON UPDATING AIRPORT ZONING 2 CITY COUNCIL AGENDA JUNE 13, 2017 16. APPROVE/DENY SETTING SPECIAL COUNCIL WORKSHOP FOR JUNE 26, 2017, AT 7:30 A.M. FOR PILOT DISCUSSION 17. APPROVE/DENY SETTING ANNUAL JOINT MEETING WITH HUTCHINSON EDA ON JUNE 27, 2017, AT 11:30 A.M. 18. APPROVE/DENY SETTING COUNCIL WORKSHOP TO REVIEW 2016 AUDIT REPORT GOVERNANCE (Thepurposeof'this portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 19. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Tall Grass/Noxious Weed Monthly Report for May 2017 MISCELLANEOUS 20. STAFF UPDATES 21. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL c`=y-f Request for Board Action 7AL =-ft Agenda Item: Resolution 14725 Approving Cash Donations Department: Finance LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ Recognition of Gifts/Donations Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The City received the following donations for the sculpture project at Oakland Cemetery. $100 - Dwane & Marjorie Bucklin $500 - Hutchinson Rotary $300 - Hassan Valley Lodge 109 BOARD ACTION REQUESTED: Approve Resolution No. 14725, accepting the donations. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON RESOLUTION NO. 14725 RESOLUTION ACCEPTING DONATIONS WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Dwane & Marjorie Bucklin Hutchinson Rotary Hassan Valley Lodge 109 Amount Donation Date $100.00 10/17/2016 $500.00 2/21/2017 $300.00 5/18/2017 WHEREAS, such donations have been contributed to the City of Hutchinson as donations to the Oakland Cemetery sculpture project. WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 23rd day of May 2017. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING NHNUTES TUESDAY, MAY 23, 2017 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John Lofdahl, Chad Czmowski and Steve Cook. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Item 7(d) will be pulled from the consent agenda. Motion by Czmowski, second by Lofdahl, to approve the agenda with the removal of Item 7(d). Motion carried unanimously. 2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of May 9, 2017 Motion by Christensen, second by Lofdahl, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Resolution No. 14722 — Resolution Adopting Findings of Fact and Reasons for Approval of Site Plan Review and Conditional Use Permit for a Multi -Unit Townhome Development in an R-4 Zoning District Located at 875 Century Avenue SW With Favorable Planning Commission Recommendation CITY COUNCIL MINUTES MAY 23, 2017 (b) Consideration for Approval of Resolution No. 14723 — Resolution Adopting Findings of Fact and Reasons for Approval of Shimpa Addition Preliminary and Final Plat With Favorable Planning Commission Recommendation (c) Consideration for Approval of Resolution No. 14724 — Resolution Adopting Findings of Fact and Reasons for Approval of a Conditional Use Permit To Operate a School at 950 School Road SW in an R-2 Zoning District, McLeod Properties, LLC, Applicant, With Favorable Planning Commission Recommendation (e) Consideration for Approval of Closing Portion of Hassan Street on July 22, 2017, for Saturday Night Cruisers Event (f) Consideration for Approval of Resolution No. 14721 — Resolution Establishing Location for Traffic Control Devices (Road Preservation Test Site) (g) Consideration for Approval of Issuing Parade Permit to VFW Post 906 on May 29, 2017 (h) Consideration for Approval of Issuing Temporary Liquor License to RiverSong Music Festival on July 14 & 15, 2017 (i) Consideration for Approval of Issuing Short Term 3.2 Malt Liquor License to Knights of Columbus St. Christopher Council on June 16 & 17, 2017, at McLeod County Fairgrounds 0) Consideration for Approval of License Agreement with Maplewood Academy (k) Consideration for Approval of Issuing Transient Merchant License to Virginia Daniel of TNT Fireworks from June 19 — July 6, 2017, in Walmart Parking Lot (1) Consideration for Approval of Issuing Short -Term Gambling License to St. Anastasia Catholic Church on September 9 & 10, 2017 (m) Consideration for Approval of Issuing Carnival Permit to Kimberly Pack of J&K Amusements for June 1 — 4, 2017, in Hutchinson Mall Parking Lot (n) Consideration for Approval of Setting Public Hearing for June 13, 2017, to Review Ordinance No. 17-773 — An Ordinance Amending Chapter 54 — Stormwater Management (o) Claims, Appropriations and Contract Payments Items 7(e), 7(f) and 7(n) were pulled for separate discussion. Motion by Czmowski, second by Cook, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(e) had further discussion. Sue Lambertson, Saturday Night Cruisers, presented 2 CITY COUNCIL MINUTES MAY 23, 2017 before the Council. Ms. Lambertson explained that a car cruise is happening on July 22nd that will end at Below Zero and had asked that that block of Hassan Street be blocked off in the afternoon. She invited that all come to view the classic cars. Motion by Cook, second by Czmowski, to approve Item 7(e). Motion carried unanimously. Item 7(f) had further discussion. Council Member Cook asked that these signs not be put on residential property. John Olson, Public Works Manager, noted that these signs will mainly be placed in the industrial areas or in a park, but not on residential properties. In addition, the size of the sign may be reduced. Mr. Olson explained that the signs will state "ROAD PRESERVATION TEST SITE" to be placed in areas selected for testing of soy -based roadway preservation projects. Motion by Cook, second by Christensen, to approve Item 7(f). Motion carried unanimously. Item 7(n) had further discussion. Council Member Lofdahl asked John Paulson, Environmental Manager, for an update on storm water pollution prevention during the construction season. Mr. Paulson explained that things are going well even with as busy as it currently is. Mr. Paulson touched briefly on the proposed changes to the ordinance that will have its first reading at the June 13, 2017, Council meeting. Motion by Lofdahl, second by Cook, to approve Item 7(n). Motion carried unanimously. Council Member Cook asked if the developer of the townhomes was present. A representative from SEH, representing the developer, presented before the Council. The representative provided an update on the number of units being proposed which will include upscale townhomes, nice landscaping, and lots of trees. PUBLIC HEARINGS — 6:00 P.M. - NONE NtMUNICATIONS RE UESTS AND PETITIONS purpose oJ this portion oJ the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS 8. APPROVE/DENY ORDINANCE NO. 17-772 — AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE SCHOOL ROAD/ROBERTS ROAD RECONSTRUCTION PROJECT (LETTING NO. 2, PROJECT NO. 17-02) — SECOND READING AND ADOPTION Kent Exner, City Engineer, explained that this is the second reading of the ordinance that was presented at the last Council meeting. No changes have been made. This ordinance extends the noise hours for the School Road/Roberts Road project from 7:00 am — 10:00 pm on weekends. Motion by Czmowski, second by Christensen, to approve second reading and adoption of Ordinance No. 17-772. Motion carried unanimously. NEW BUSINESS CITY COUNCIL MINUTES MAY 23, 2017 9. APPROVE/DENY AMENDMENTS TO CITY POLICY 3.27 — LEAVE DONATION Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that current City policy allows an employee to receive up to 20 days of donated leave time from other employees due to a catastrophic illness or serious health condition affecting them. Current policy allows the City Administrator to authorize additional donations only in situations where the employee is ill. It is proposed to amend the policy to allow the City Administrator to approve additional donations beyond the 20 days if an employee needs additional leave hours to care for an immediate family member, defined as a spouse or a dependent child, with a catastrophic illness or serious health condition. Motion by Cook, second by Christensen, to approve amendments to City Policy 3.27 — Leave Donation. Motion carried unanimously. 10. APPROVE/DENY PURCHASE OF ROTOCHOPPER GRINDER FOR CREEKSIDE SOILS Andy Kosek, Creekside Manager, presented before the Council. Mr. Kosek explained that the Compost Fund has budgeted to replace the Vermeer horizontal grinder that is currently in use. Bids were received for this piece of equipment with the lowest responsible bidder being Rotochopper with a bid amount of $416,277. The City has received confirmation from McLeod County that the City may retain the residual trade-in value of the current machine. The current machine was purchased by McLeod County in 2002 and it was ultimately turned over to the City immediately for operations, maintenance and repair. Mr. Kosek provided information comparing the current machine to the new proposed machine. The new machine will see higher production rates and higher efficiencies. Funding for this equipment will be financed for five years with Key Equipment Finance with a favorable interest rate of 2.75%. The equipment is able to be hauled to other sites to grind product. Motion by Czmowski, second by Christensen, to approve purchase of Rotochopper grinder for Creekside Soils. Motion carried unanimously. 11. APPROVE/DENY PRESENTATION OF PETITION FOR IMPROVEMENTS TO CITY ALLEY #36 John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that over the years, several homeowners whose prpperties abut Alley 936 located between Main Street South and Hassan Street SE between 6 Avenue SE and 5th Avenue SE have contacted him about improving the alley. On April 24, 2017, the City received a petition wherein 11 of 24 abutting property owners or 46% signed a petition to make improvements to the alley. Under state statute, initiation of a public improvement can be done with a petition by more than 35% of property owners. The petition needs to be validated and the City Council needs to declare the petition adequate under the statute. Upon validation of the petition, the next steps could begin with ordering preparation of a feasibility report regarding the improvement project's necessity, cost-effectiveness, and feasibility and then scheduling a public hearing to receive the report. Affected property owners would be invited to that hearing. Many years ago, this alley was paved with bituminous pavement. Drainage was addressed by a curb/gutter installed along the east side of the alley. Over the years, the condition of the bituminous pavement has deteriorated and there are areas where the pavement has settled which keeps water from running in the gutter. Some patching has been done but the alley is a candidate for milling the edges and putting down an overlay which would improve drainage and pavement conditions. Motion by Czmowski, second by Christensen, to validate petition for improvements to City Alley 936. Motion carried unanimously. 12. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JUNE 13, 2017, AT 4:00 P.M. .19 CITY COUNCIL MINUTES MAY 23, 2017 TO DISCUSS CITY'S MASTER FACILITY PLANNING PROCESS Matt Jaunich, City Administrator, explained that two months or so ago a meeting was held with the consultant on the City's master facility plan. The consultant would like to meet again with the Council to receive feedback on what has been formulated and to ensure they are continuing in the right direction. Motion by Cook, second by Lofdahl, to approve setting Council workshop for June 13, 2017, at 4:00 p.m. to discuss City's master facility planning process. Motion carried unanimously. Matt Jaunich also asked that the Council set a special meeting for June 3, 2017, at 11:00 a.m. to attend the grand opening of the aquatic center. Motion by Cook, second by Christensen, to set special meeting for June 3, 2017, at 11:00 a.m. for aquatic center grand opening. Motion carried unanimously. GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) City of Hutchinson Financial Report and Investment Report for April 2017 Steve Cook — Council Member Cook asked that an update be provided on sales tax collection. (b) Hutchinson Housing & Redevelopment Authority Board Minutes from April 18, 2017 (c) Planning Commission Minutes from April 18, 2017 NHSCELLANEOUS 14. STAFF UPDATES Kent Exner — Mr. Exner explained that staff has been researching and working on the alleyway between Adams Street and Jefferson Street which has been discussed previously at the request of Doreen Smithers. Due to the conditions of the alley it is being considered to have a more aggressive approach done to improve the alley from 5 Avenue SE to the Cenex gas station. Also, no mosquito control will be conducted tomorrow due to the overnight temperatures. Mr. Exner provided a project update: Denver Avenue moving along, EDA Enterprise Center foundation work progressing, School Road/Roberts Road project underway, hotel access roadway bid opening is June 9 , south central drainage improvements funding isn't looking very favorable this year mainly due to the debt service so those improvements most likely will be delayed a year or so. Marc Sebora — Mr. Sebora noted that Jody Winters, local attorney who has served the Council on occasion, has been appointed as a district judge. She will be sworn in on June 9 . Matt Jaunich — Mr. Jaunich noted that the aquatic center is progressing and a soft opening should take place next week. Also, a joint meeting would like to be scheduled with the EDA near the end of June. Mr. Jaunich is suggesting to hold the joint meeting on a Wednesday over the lunch hour. Mr. Jaunich also mentioned that Hutchinson was selected as a City of Excellence for their 5 CITY COUNCIL MINUTES MAY 23, 2017 partnership on work force initiatives. An award presentation will be held on Wednesday during the LMC Annual Conference. 15. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen commented on the long grass in yards that have not been mowed as well as the grass clippings that are blown into the street. Mr. Exner commented that typically staff has historically waited until after Memorial Day weekend to notiproperty owners if they are in violation of the weed ordinance. If the Council would li e for that enforcement activity to begin sooner, staff can certainly do that. Steve Cook — Council Member Cook asked about the planning process for Main Street/Hwy 15 improvements. Kent Exner noted that he has been informed that MnDOT is days away from the design engineering contract. A management meeting will be held shortly thereafter and public input will begin this summer. Council Member Cook also followed up from the last Council meeting when he suggested more tree diversification. Matt Jaunich stated he will be holding a meeting on the topic and will be inviting Steve and another Council Member. Council Member Cook asked Mayor Forcier if he had any information on the public housing issue that is being discussed in the legislature. Mayor Forcier noted the item will need to be deferred to the HRA Executive Director. Gary Forcier — Mayor Forcier mentioned the Memorial Day Parade and program following on Monday. He also noted that school is out and reminded everyone to watch for kids that are out and about. ADJOURNMENT Motion by Czmowski, second by Lofdahl, to adjourn at 6:55 p.m. Motion carried unanimously. rel HUTCHINSON CITY COUNCIL 2018 BUDGET KICKOFF MINUTES TUESDAY, MAY 23, 2017 - 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary Christensen, Steve Cook, Chad Czmowski and John Lofdahl. Others present were: Matt Jaunich, City Administrator, and Andy Reid, Finance Director 2018 BUDGET KICKOFF REVIEW 2. 2018 Budget Kickoff Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's workshop is to begin the 2018 budgeting season. Mr. Jaunich noted that setting the annual budget is one of the biggest policy decisions of the City Council. The City's budget documents drive the work of the city and are the forces behind achieving the City's Mission Statement. Mr. Jaunich reviewed the City's mission statement, vision statement, the six core areas of focus and five long- term goals the Council should consider every budget season. Those goals include: 1. What should future tax levies look like? 2. What levels of services should the City perform and provide in the future? 3. What is an acceptable level of debt? 4. What is our level of investment in technology and equipment, and what period of payback is acceptable? 5. What are our future infrastructure needs (roads, utilities, buildings, etc.) and how are we going to pay for them? Mr. Jaunich noted that the purpose of today's workshop is to review the budget calendar that has been established as well as review historical data and items that staff has identified as items/concerns that need to be addressed. Staff would also like to get direction from the Council on what they would like to see during the 2018 budget preparation season. Mr. Jaunich reviewed tax rate comparisons of Hutchinson with other McLeod County cities as well as with other regional center city rates. Hutchinson is the second lowest in the county and ranks the fourth highest amongst regional centers. Discussion was held how Hutchinson compares to other regional centers. It was suggested that staff research five other nearby regional centers to see what makes up their rates and how they compare to Hutchinson's. Mr. Jaunich reviewed tax rate comparisons from ten years ago and Hutchinson has stayed the same in McLeod County and is the fourth highest among regional centers compared to the third highest 10 years ago. Mr. Jaunich provided data on economic comparisons, the 10 -year tax rate trend, the 10 -year total tax levy trend, the total taxable market value history and the total tax capacity history. Mr. Jaunich explained that the City's tax rate is determined by the tax levy and tax capacity and tax capacity is determined by the market value. While the City has had modest tax increases over the past ten years, the market values have taken a hit. The City's 2016 value is actually about 2.6% lower than what it was in 2006. Values are starting to come back and the City is expecting to receive a larger recovery of this in 2017-2018. Tax increases without value increases end up having a negative effect on the tax rate. The 2012 Homestead Market Value Exclusion enacted by the legislature had a negative effect on the City's taxable market value. The Market Value exclusion ended up reducing the City's taxable market value, increasing the City's taxes. The reduction in taxable value also shifted the tax burden from homesteaded property to other properties. Mr. Jaunich further reviewed historical budget numbers including the tax levy from the last five years and tax levies as a percentage. Mr. Jaunich then provided a very preliminary general fund budget for 2018. This includes wages and benefits expected to increase by 4.2%. All other expenditures are at 2017 budgeted amounts. Other expenditures are expected to remain relatively flat. A very early look has an overall 2.9% increase in expenses. This budget has a 0% levy increase. PILOT payment from HUC shows a light increase of .8%. Transfers -in include a 5% increase in Hutchinson Health lease payment. All other revenues are at 2017 budgeted amounts. Revenues are expected to remain relatively flat. Mr. Jaunich presented a preliminary general fund five-year budget. Mr. Jaunich provided a list of things to think about when establishing the 2018 general fund budget — such as program changes — need for increase/decrease?; enterprise fund transfers to the general fund; permanent funding source for HAS employer contributions; hospital lease payment — general fund or other?; appropriate LGA allocation; analysis of certain line item projections; performance increase percentages; facilities maintenance fund?; fundings of wages and benefits; payroll allocations (general vs. enterprise); event center/senior center — deficit; continue discussion on general staffing levels and service level needs/wants; determine actual PILOT payment; adoption of updated financial policies; election costs. Mr. Jaunich then reviewed the debt management plan and the target debt levy of $2.6 million. Due to the 1% debt levy increase in 2016 there won't be a need for another debt levy increase until 2023. The 2023 tax levy will be a 1.5% increase. Years 2024 to 2032 will see an average increase of 1.7%. The debt management plan includes financing for heavy equipment in 2017- 2021. The Plan moves annual project costs from $1.5 million to $1.9 million. The Plan moves annual debt limits from $2.2 million to $2.6 million. Mr. Jaunich also reviewed the five year CIP Plan. Major projects in 2018 include T -Hangar at airport; improvements/upgrades to civic arena; south central drainage improvements (Linden Park); Trunk Hwy 15/Main Street — project development and preliminary design (2020 construction); pavement management program; 2nd Avenue bridge; Century Avenue; wastewater treatment and collection improvements. Mr. Jaunich then reviewed the various City fund balances. Mr. Jaunich noted that the City is fiscally healthy. Mr. Jaunich also reviewed the City's use of LGA funds. Mr. Jaunich stated that the City is set to receive $2.2 million in LGA in 2017, a slight increase of approximately $8000 from 2016. $1 million goes to the general fund and $1.2 million goes to various aspects of the capital improvement fund. Capital Projects Fund is for various projects currently not designated. Should the non -designated amount go for heavy equipment? Staff asked the Council to consider whether or not it is time to revisit and actually establish an LGA funding policy. Mr. Jaunich also reviewed a list of staff concerns or items in need of being addressed. These include: establishment of a funding plan for the replacement of playground equipment, long term funding sources for heavy equipment and employer contribution to HAS, rising city subsidy at Event Center and Senior Center, growth of salaries/benefits — biggest cost driver, cost of government comparison, long-term plan for tipping building at Creekside, Planning/Zoning/Building Department staffing levels, use of hospital money — short term — general fund or CIP?, finishing financial policies, long-term plan on transfers from HUC, central budgeting for facility maintenance?, water/wastewater/public works reorganization, profession services increase (engineering), water/wastewater, storm rate review/study, garbage rates analysis. Items that Mr. Jaunich would like the Council's thoughts and ideas on include the tax levy goal for 2018, any services that they would like to see provided and/or increased/decreased, is there a specific project/item they would like to see budgeted for and/or done or any fee/rate/transfer changes to look at. Mayor Forcier expressed that he feels it is important to subsidize and maintain a senior center and event center as they attract people to our community. Council Member Christensen also commented on the importance of having a senior center. Council Member Cook asked if the fire department is in line to get the proper cleaning equipment and safety equipment that the department needs. Chief Mike Schumann addressed items being budgeted for to meet cleaning and safety requirements. Council Member Cook also spoke about the radio needs of the police department, as well as a review of the dispatch center by the facilities committee. Council Member Cook also suggested staff looking at the fee schedule to see if there are increases that could take place. Council Member Lofdahl commented that he would like to see the rental inspection fees cover the cost of the program. The Council stated no general fund levy increase over 3%. Council Member Lofdahl noted that historical society may be seeking the City fund a percentage per capita for funding to allow users to use the museum for free. 3. Adjournment Motion by Czmowski, second by Christensen, to adjourn the workshop at 5:25 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL ci=v-f� Request for Board Action 7AL =-ft Agenda Item: Riverside Church Event Department: Police LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Riverside Church are requesting the rental of Library Square including the closing 1 st Ave SE between Main St and Hassan St again this year for an event on Wednesday Night June 21st They have invited MN Adult & Teen Challenge to come and speak/Sing along with a bounce house and climbing wall. These activities will be on the 1st Ave SE. The event is open to the public. The event starts at 6:30 pm but are requesting the street be closed at 4:00 pm to allow time to set up. The Park has already been reserved through the Parks Dept. and the Hutchinson Police have reviewed the plan. We look forward to working with Riverside Church again this year. Jessie Peters Office Admin./Asst. to Dr. Lee Allison Riverside Church 320-587-2074 (Phone) 320-587-7407 (Fax) www.riversidehutch.org BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL ci=q­f� Request for Board Action 7AL =-ft Agenda Item: Consideration of Non-Waiver of Tort Liability Limits for General Liability Department: Finance LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Andy Reid Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: As part of the City's renewal of its general liability insurance policy for the period July 2017 through June 2018, the City must decide whether or not to waive the statutory municipal tort liability limits from $500,000 per claimant to $1,500,000 per occurrence. If the City does waive this, then the City must purchase excess liability coverage. Historically the City has not waived the municipal tort because by doing so, the City opens itself up to claims and potential payments above the statutory limit. Staff recommendation is to not waive the tort liability limits. BOARD ACTION REQUESTED: The Council is requested to not waive the tort liability limits for the policy period of July 2017 through June 2018. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL c`=y-f Request for Board Action 7AL =-ft Agenda Item: Short-Term Gambling License - Voiture Local No. 414 Department: Administration LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Voiture Local No. 414, a club, has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on November 21, 2017, at the VFW Post 906. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Voiture Local No. 414 on November 21, 2017. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: c1y o I I I Hassan street Southeast Hutchinson. MN 55350 020) 587-5151 Fas: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered -Application Type Ly Shori Term Dates)- f f Hee: $30.00 �MaylYear- N10 MI aylYear organization Information PJ 5 N N -t cO L43-7 Name Phone Number Address where regular meeting are held City State Zip Federal or State ID: -1/! Day and time of meetings? QST _ 6 gIs this organization organized under the laws of the State of Minnesota? X yes U no I low long has the organization been in existence? ��},� How mayt members in the organization? 4 What is the purpose of the or-anir-ation? Ak�S:Le*q4_ In whose custody will organization records be kept? Name Thune Number -- 4ddress _Lr ' Stare Zip 11 Duly Authorized Officer of the Orpanixation Information 11 _ye� Lt, ele -- — .3V,, -rr7- y_� Y T True Naive Phone Number 9,95' S It s Jo 4 d N. W., Yppa flet --- - Residence Address T (i - Stale 'Lip — Date of Birth: Place of Biah:��--- Monih/day.,year Cid}, State Have You ever been convicted of any crime other than a traffic offense? U yes Mno Ifyes. explain: C ;n, ofMach insan -Ipplicurtun f rr Ganrhring LX -vices License Page 2 ()1'3 Designated Gambling Manager (Qualiired under Afinnesota Statute 53291 OF True Phone Number Residence Address Ciry Stare Zip Date of Birth: '�2 1 f a Place of Birth: 49)(4- Ld E Month1daylyear City Stare. Have you ever been convicted of any crime other than a traffic offense? ❑ yes Xno 11'yes, explain: Flow long have you been a member of the organization? Garvie information Location #I Name of location where game will he played Phone .Number ,0 33 ,4ddre.vs of loc•atiun where gume will he played (lily Shoe Zip Date(s) and/or day{s} gambling devices will be used: through AU AM flours of the day gambling devices will be used: From %.ted M : 'To ,.: e"-.> pM —111 Maximum number of player: fQ �� �� %/c Kprs- �''t4 Will prizes be paid in money or merchandise? ;9[ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? yes ❑ no if es, will a charge be made for such refreshments? yes ❑ no Game Information Location lit ' Name of locariun where game will he played Phone Number Address (?f loc•alion where game will he played City � State Zip Date(s) and/or day(s) gambling devices will be used: _ through AM AM Flours of the day gambling devices will be used: From PM TO PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ® no C'iq of /lutehipoon ipplicaaon for Gamhhng Devices Lteense Nage 3 of 3 Officers of the Or anization [i necessa , list additional names on se arate sheet Name Title � �Ci-F��E �t3����� . IDS f�ifTl�l�►�`5�,�! _e1��' .fj3:� Residence Address City Slate Zip Name Title S L" - -,VA1- JT 33 r Residence Address City State ,Zip Name Title r 4W Residence Address City State Zi Officers or Other Persons Paid for Services Information (if necessa , list additional names on separate sheet) - - �Name � -•---- - Title — Residence Address City Slate 'Lip - --- Name Title -- Residence Address City Slate --Ziip - -^ Nume w Title - -�� Residence Address Stale �W zip -- Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances. and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager dyes ❑ no ny Authorized Officer ?4 yes ❑ no Initial Initial I declare that the information 1 have provided on this application is truthful, and 1 authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and 1 will familiarize myself with the contents thereof. 1 nuttrre r�'atrthurired rfcer of nrgani_ution Date J Signature ofgumhling manager of'organization Dale Internal Use City Council 0 approved ❑ denied Notes: HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Resolution Supporting the Abolishment of the Trunk Highway 15 Coalition Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Please see the attached Resolution and recent Trunk Highway 15 Coalition membership letter. Also, please note that there were no communicated concerns pertaining to or disapproval of the proposed abolishment of the Trunk Highway 15 Coalition group. BOARD ACTION REQUESTED: Approval of Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14720 RESOLUTION SUPPORTING THE ABOLISHMENT OF THE TRUNK HIGHWAY 15 COALITION WHEREAS, State Trunk Highway 15 is an important corridor that provides a direct north/south connection between Interstates 90 and 94 that is significantly utilized for local traffic, long-distance commuting, freight hauling, agricultural functions and recreational travel purposes; WHEREAS, The Trunk Highway 15 Coalition was formed in 2004 to identify transportation related needs and potential improvements along the State TH 15 corridor from 1-94 (St. Cloud) to 1-90 (Fairmont); WHEREAS, The City of Hutchinson has actively supported and participated in the efforts and activities of this coalition; WHEREAS, This coalition was instrumental in preparing and finalizing the 2010 Highway 15 Transportation Corridor Study in conjunction with the Minnesota Department of Transportation (MnDOT); WHEREAS, This approved corridor study will continue to be utilized to identify and prioritize specific corridor issues, needs and potential improvements; WHEREAS, Trunk Highway 15 Coalition Executive Committee representatives believe the coalition has served its purpose by delivering the above mentioned corridor study and other initiatives; WHEREAS, The reasoning for forming this coalition has diminished and Executive Committee representatives believe that the coalition should be abolished at this time; WHEREAS, The Trunk Highway 15 Coalition currently possesses approximately $6,000 in membership dues and other donations; WHEREAS, Executive Committee representatives believe that the coalition should utilize all of the existing coalition proceeds to assist MnDOT in administering a passing lane study along the TH 15 corridor between Hutchinson and 1-94; WHEREAS, Local road authorities, transportation stakeholders and MnDOT will continue to monitor the mobility and safety performance of this corridor and may form new coalitions or partnerships to protect and improve the vitality of TH 15; THREFORE BE IT RESOLVED, that the City of Hutchinson, Minnesota, supports the abolishment of the Trunk Highway 15 Coalition and the utilization of all existing coalition proceeds for the administering of a passing lane study along the TH 15 corridor between Hutchinson and 1-94. Approved by the City Council of the City of Hutchinson this 13th day of June, 2017. Mayor, Gary Forcier City Administrator, Matt Jaunich MINNESOTA TRUNK HIGHWAY COALITION L Dear Trunk Highway 15 Coalition Supporter: As you most likely already know, the Trunk Highway 15 Coalition has pursued the studying, planning and improving of the TH 15 corridor from I-94 (St.Cloud) to I-90 (Fairmont) since 2004. The Coalition's fundamental goal has been to establish this corridor's highest priority needs, securing appropriate funding for comprehensive studies, protection of existing highway right-of-way, and the implementation of priority projects within MnDOT's Statewide Transportation Improvement Plan (STIP) or by attaining designated funding for specific improvements. In 2011, the TH 15 Coalition's Technical Advisory Committee (TAC), with MnDOT's support, finalized the Highway 15 Transportation Corridor Study that formulates an approach to identify and prioritize specific corridor needs, concerns and issues. Over the past few years, the Coalition's overarching primary efforts have been to utilize this study to identify potential improvement projects and funding opportunities. Per recent discussions with critical Coalition stakeholders, the future viability of this Coalition has become a legitimate concern. This is primarily due to MnDOT's fairly recent transportation system planning efforts and their increasing focus on preservation of existing highway infrastructure. Obviously, this approach is being driven by the very limited funding of transportation throughout the state. Looking forward, the TH 15 Coalition Executive Committee believes that this group has served its purpose by delivering on the above mentioned comprehensive study which provides MnDOT and local road authorities guidance relative corridor issues, needs and potential improvements. At this point, it is the Coalition's understanding that the study document will continue to be utilized to improve the performance, functionality and safety along the TH 15 corridor. However, the reasoning for forming this Coalition has diminished, and the Executive Committee believes that the Trunk Highway 15 Coalition should be abolished. On a positive note, the Coalition currently has about $6,000 in dues/funding available. Based on preliminary meetings with MnDOT staff, the Executive Committee is confident that these funds along with a MnDOT contribution could be utilized to administer a passing lane feasibility study within the TH 15 corridor from the City of Hutchinson to Interstate 94. This effort would be similar to the study that resulted in the recent implementation of passing lanes along the TH 23 corridor. Thus, prior to disbanding this Coalition, the Executive Committee is recommending that the above amount be allocate to the described passing lane study. Most importantly, the TH 15 Coalition Executive Committee sincerely appreciates your past support of activities in the pursuit of an improved and progressive corridor along State Trunk Highway 15. Lastly, Kent Exner, City of Hutchinson Engineer, is willing to address any questions, thoughts or concerns that you may have regarding this information/approach at kexner&ci.hutchinson.mn.us or 320.234.4212 (if possible, please communicate prior to May 16, 2017). Sincerely, Trunk Highway 15 Coalition Executive Committee HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: g State of Minnesota and City of Hutchinson Master Partnership Contract Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Please see the routine renewal (about every five years) of the City's Master Partnership Contract with the State of Minnesota (MnDOT). In summary, this agreement provides a framework for MnDOT and local agencies to provide services and payment to each other in a structured and expedited manner. BOARD ACTION REQUESTED: Approval of Contract and Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14731 RESOLUTION ENTERING INTO MnDOT MASTER PARTNERSHIP CONTRACT NO. 1028334 Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1. That the City of Hutchinson enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council. 2. That the proper City officers are authorized to execute such contract and any amendments thereto. 3. That the Hutchinson City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Hutchinson without further approval by this Council. Adopted by the Council this 13th day of June 2017. Mayor: Gary Forcier City Administrator: Matt Jaunich MDEPARTMENT OF TRANSPORTATION MnDOT Contract Number: 1028334 STATE OF MINNESOTA AND CITY OF HUTCIIINSON MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the "State" and the City of HUTCHINSON, acting through its City Council, in this contract referred to as the "Local Government." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a "road authority" as defined by Minn. Stat. § 160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. § 174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation -related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a "Work Order" contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into "Work Order" contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2022. Page 1 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully -executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of "Providing Party" and "Requesting Party". For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. "Requesting Party" is defined as the party requesting the other party to perform work under a work order contract. "Providing Party" is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A — Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. 2.2. The Local Government may request the State to perforin Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perforin the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State's normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State's then -current rate for performing the Technical Services. The then -current rate may include the State's normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. § 16C.08, subd. 1, professional/technical services "means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task." Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party's own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully -executed work order in place. If work commences without a fully -executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "Technical Services" items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. Page 3 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State -approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti -icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally -assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other's request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. 4.3.12.4 All improvements constructed on the State's right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party Page 5 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a "lump sum" or "unit rate" payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed $100,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations" a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. Page 6 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028334. Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. Page 7 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party - 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to the Requesting Party, as the term "Contractor" is defined in Minn. Stat. § 11513.03 (subd. 10), and is entitled to the protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, Page 8 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Parry and all such Documents must be immediately returned to the Requesting Party by the Providing Parry upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Parry, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Parry grants the Providing Party an irrevocable and royalty -free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation -related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Parry, including its employees and subcontractors, in the performance of the work order contract, the Providing Parry will immediately give the Requesting Parry's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Parry, and that neither Providing Parry nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. Page 9 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. § 15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be Page 10 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 subject to Minn. Stat. § 15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Page 11 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) MnDOT Contract Number: 1028334 Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank — signature page follows] Page 12 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. CITY OF HUTCHINSON Lo Title: Mayor Date: 06/13/2017 MnDOT Contract Number: 1028334 COMMISSIONER OF TRANSPORTATION By: (with delegated authority) Title Assistant Commissioner or Assistant Division Director Date: By: Title City Administrator By: Date: 06/13/2017 Date: Page 13 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Page 1 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A - Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Source 0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets. 0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other MnDOT systems, attending staff meetings and other indirect support activities. 0400 Equipment Calibration -Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects, 0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including conferences that primarily provide training. 1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R -value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and triaxial tests. 1312 Tech Assist -Outside MnDOT Use when providing technical assistance to an organization external to MnDOT. 1421 Bridge Management System Use for tasks related to the Bridge Management System, including operations, administration, or data entry. Operation/Administration/Data 1434 Structural Metals Inspection -Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices) for local agency ro'ects. 1501 Traffic Management System (TMS) Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when providing traffic operations technical assistance external to MnDOT. 1513 Traffic Management System (TMS) For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into Integration existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation. 1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT. 1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample. 1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081). If a source code is not on this list, a work order is needed. C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx Page 2 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A - Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Source 49 1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight deflectometer (FWD) testing. 1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection. 1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre -stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices). 1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with bituminous plant inspection. 1738 State Project - Specific Materials Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of Inspection such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical services in the field and offices). 1800 Field Inspection Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests, but not the actual laboratory verifications, 1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements. Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. 1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, re-lamping, pump stations, anti -icing systems, truck roll-over warning systems and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public inquiries/complaints, review utility billings, provide data, and conduct field reviews. 1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management system, signal systems, or roadway lighting systems. If a source code is not on this list, a work order is needed. C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx Page 3 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A - Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Source 1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field data, processing data, and developing new techniques for collection. 2102 Patching Related source type codes: 2103 -Heavy patching, 2104 -Bituminous paving, 2105 -Blow patching 2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I -beams, and overhead sign structures. Includes related cable locates and traffic control. Does not include structural work. 2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement. includes related traffic control. 2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re -sequencing intersection signing and repair/replace overhead and extrude signs mounted on I -beams. Includes related cable locates and traffic control. 2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control. 2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment. 2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit. 2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median barriers on bridges. Includes related traffic control. 2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control. 2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related traffic control. 2824 Bridge Inspection -Non -Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys. 2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control. 2828 Bridge Inspection -Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture -Critical Bridge Program (Project Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use Source Code 2824. If a source code is not on this list, a work order is needed. C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx Page 4 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A - Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list, a work order is needed. Source Tatle. id L Doverentenal 2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t -beams, precast channels, and box girders. Includes related traffic control. 2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion -bearing assemblies on bridges. Includes related traffic 2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part of sloe protection. Includes related traffic control. 2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control. 2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor, equipment, materials, and traffic control. 3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA. 3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project 3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list. 3009 Radio/Electronic System Upgrade & Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic Installation systems. Use for all work performed to correct or repair deficiencies found in a new installation. 3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing, landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC. 3027 Radio Programming My Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used as fixed base radios as part of the Inter -OPS stem (Use 3009), 3049 On Call Electronic Communications To be used by Statewide Radio Communications personnel to record on-call time. Infrastructure Maintenance If a source code is not on this list, a work order is needed. C:\Users\mcgiltay\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\11GPM1KX\Exhibit A - Table of Technical Services 04-20-2017 SJB .xlsx HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Approval of Improvement Project Change Orders Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders and/or Supplemental Agreements are proposed as noted: o Change Order No. 1 — Letting No. 8/Project No. 17-08 — WWTF Membrane Bioreactor Cassettes Replacements This Change Order addresses the replacement of current project specifications Document 0801 Supplementary Conditions with the attached revised Supplementary Conditions document, replacement of Document 0700 Standard General Conditions, City revisions to Bidder's Clarifications Document and clarification of terminology. The relatively minor revisions within the proposed document address issues from the Contractor's perspective in regards to the equipment procurement process and expectations while maintaining conditions pertaining to the equipment installation work. Due to the slight delay in commencing this project, the contract final completion date will be extended from December 15, 2017, to December 31, 2017. This Change Order results in no increase or decrease to the construction bid amount. BOARD ACTION REQUESTED: Approval of Change Order Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY CENTER City of ENGINEERING DEPARTMENT - 111 HASSAN STREET SE, HUITCINSON MN 55350 PHONE: 320-234-4209 FAX: 320-234-4240 LETTING NO. 8 - PROJECT NO. 17-08 (L8P17-08) Dated: 06/07/2017 CHANGE ORDER NO. 1 Page 1 of 1 Project City of Hutchinson Wastewater Treatment Facility, 1300 Adams ST SE, Hutchinson MN 55350 Location: CONTRACTOR: ZENON Environmental Corporation, d/b/a GE Water & Process Technologies, 3239 Dunda St West, Oakville ON 1_6M4132 Canada / 905-465-3030 / tina.st.pierre@ge.com Contract $620,337.00 Original Completion: 12/15/2017 Revised Completion Date: 12/31/2017 Amount: DescriptionThis Change Order addresses changes in the General Conditions &Supplementary Conditions ,revisions to Bidder's of Change: Clarifications Document and contract/specifications terminology clarifications In accordance with the terms of this Contract, you are hereby authorized and instructed to pertorm the work as altered by the following provisions. 1. The attached Doc. 00700, Standard General Conditions for Procurement Contracts, replaces Doc. 0800 - Standard General Conditions of the Construction Contract. 2. The attached Doc. 00800, Supplementary Conditions, replaces Doc. 0801 - Supplementary Conditions to EJCDC C-700 Standard General Conditions of the Construction Contract - 2007 Edition. 3. City Revisions to Bidder's Clarifications Document: The City of Hutchinson has indicated by marking with a red "X" through portions of the attached Bidder's Clarifications document, items that are not acceptable to the City of Hutchinson and will not be adhered to. 4. Clarification of Terminology: "Owner" and "Buyer" shall have the same meaning throughout the Contract Documents. "Contractor", "Seller", and "Supplier" shall have the same meaning throughout the Contract Documents. "Proposal" and "Bid" shall have the same meaning throughout the Contract Documents. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITION/DEDUCTION TOTAL $620,337.00if $0.00 $0.00 $620,337.00 CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ ] Is Not Changed [ ] Is Decreased by Working Days [ X ] Is Increased by 16 Calendar Days c. [ ] May be revised if work affected the controlling operation. [ ] Is Decreased by Calendar Days Approved: Approved: Contractor - ZENON Environmental Corp, City of Hutchinson - Mayor: Gary Forcier d/b/a GE Water & Process Technologies Dated: Dated: 06/13/2017 Approved: Approved: City of Hutchinson - City Engineer: Kent Exner City of Hutchinson - City Administrator: Matt Jaunich Dated: Dated: 06/13/201 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C National Society of ASCEof AmericanSociety Professional EngineersAawxa[['AN (-OUY:I1. of fTL1NF],RIN4 (,,1MPANIF..$ ftft 0n01Eng►RgersiRPrivateftt*ce Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America and the Construction Specifications Institute IV EJCDC No. P-700 (2000 Edition) EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 NOTE: These Standard General Conditions For Procurement Contracts have been prepared for use with the Suggested Instructions to Bidders For Procurement Contracts (EJCDC No. P-200 2000 Edition), the Suggested Form of Agreement Between Buyer and Seller For Procurement Contracts (EJCDC No. P520, 2000 Edition), and the Guide to Preparation of Supplementary Conditions For Procurement Contracts (EJCDC No. P-800, 2000 Edition). Their provisions are interrelated and a change in one may necessitate a change in the others. Additional information concerning the use of the EJCDC Procurement Documents may be found in the Commentary on Procurement Documents (EJCDC No. P-001). © Copyright 2000 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 - 15th Street N.W., Washington, D.C. 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4344 EJCDC publications may be ordered from any of the three sponsoring organizations above and from CSI headquarters at 99 Canal Center Plaza, Suite 300, Alexandria, VA 22314. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY............................................................................................. 00700-5 1.01 Defined Terms........................................................................................................................................ 00700-5 1.02 Terminology...........................................................................................................................................00700-6 5.03 ARTICLE 2 - PRELIMINARY MATTERS............................................................................................................... 00700-7 2.01 Delivery of Bonds................................................................................................................................... 00700-7 2.02 Copies of Documents .............................................................................................................................. 00700-7 2.03 Commencement of Contract Times; Notice to Proceed............................................................................ 00700-7 2.04 Designated Representatives.................................................................................................................... 00700-7 2.05 Before Starting Fabrication/Assembly of Goods...................................................................................... 00700-7 2.06 Progress Schedule.................................................................................................................................. 00700-7 2.07 Preliminary Conference......................................................................................................................... 00700-7 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING................................................................ 00700-7 3.01 Intent..................................................................................................................................................... 00700-7 3.02 Laws and Regulations, Standards, Specifications and Codes................................................................... 00700-8 3.03 Reporting and Resolving Discrepancies.................................................................................................. 00700-8 3.04 Amending and Clarifying Contract Documents....................................................................................... 00700-8 ARTICLE 4 - BONDS AND INSURANCE.............................................................................................................. 00700-8 4.01 Bonds.....................................................................................................................................................00700-8 4.02 Insurance............................................................................................................................................... 00700-8 ARTICLE 5 - SELLER'S RESPONSIBILITIES........................................................................................................ 00700-9 5.01 Supervision and Superintendence........................................................................................................... 00700-9 5.02 Labor, Materials and Equipment............................................................................................................ 00700-9 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes ........................................ 00700-9 5.04 Or Equals............................................................................................................................................... 00700-9 5.05 Taxes..................................................................................................................................................... 00700-9 5.06 Shop Drawings and Samples................................................................................................................... 00700-9 5.07 Continuing Performance...................................................................................................................... 00700-10 5.08 Seller's Warranties and Guarantees..................................................................................................... 00700-10 5.09 Indemnification.................................................................................................................................... 00700-11 ARTICLE 6 - SHIPPING AND DELIVERY........................................................................................................... 00700-11 6.01 Shipping...............................................................................................................................................00700-11 6.02 Delivery...............................................................................................................................................00700-11 6.03 Risk of Loss.......................................................................................................................................... 00700-11 ARTICLE 7 - CHANGES: SCHEDULE AND DELAY........................................................................................... 00700-12 7.01 Changes in the Goods and Special Services.......................................................................................... 00700-12 7.02 Changes in Laws and Regulations........................................................................................................ 00700-12 7.03 Changing Contract Price or Contract Times......................................................................................... 00700-12 ARTICLE 8 - BUYER'S RIGHTS.......................................................................................................................... 00700-12 8.01 Inspections and Testing........................................................................................................................ 00700-12 8.02 Non -Conforming Goods or Special Services......................................................................................... 00700-13 8.03 Correction Period................................................................................................................................ 00700-14 ARTICLE 9 - ROLE OF ENGINEER...................................................................................................................... 00700-14 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 9.01 Duties and Responsibilities................................................................................................................... 00700-14 9.02 Clarifications and Interpretations......................................................................................................... 00700-14 9.03 Authorized Variations........................................................................................................................... 00700-14 9.04 Rejecting Non -Conforming Goods and Special Services........................................................................ 00700-14 9.05 Decisions on Requirements of Contract Documents.............................................................................. 00700-14 9.06 Claims and Disputes.............................................................................................................................00700-14 10.06 ARTICLE 10 -PAYMENT ..................................................................................................................................... 00700-15 10.01 Applications for Progress Payments..................................................................................................... 00700-15 10.02 Review of Applications for Progress Payments...................................................................................... 00700-15 10.03 Amount and Timing of Progress Payments............................................................................................ 00700-15 10.04 Suspension of or Reduction in Payment................................................................................................. 00700-16 10.05 Final Application for Payment.............................................................................................................. 00700-16 10.06 Final Payment...................................................................................................................................... 00700-16 10.07 Waiver of Claims.................................................................................................................................. 00700-16 ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION............................................................ 00700-16 11.01 Cancellation......................................................................................................................................... 00700-16 11.02 Suspension of Performance by Buyer.................................................................................................... 00700-16 11.03 Suspension of Performance by Seller.................................................................................................... 00700-17 11.04 Breach and Termination....................................................................................................................... 00700-17 ARTICLE 12 - LICENSES AND FEES................................................................................................................... 00700-17 12.01 Intellectual Property and License Fees................................................................................................. 00700-17 12.02 Seller's Infringement............................................................................................................................ 00700-17 12.03 Buyer's Infringement............................................................................................................................ 00700-18 12.04 Reuse of Documents............................................................................................................................. 00700-18 ARTICLE 13 - DISPUTE RESOLUTION............................................................................................................... 00700-18 13.01 Dispute Resolution Method................................................................................................................... 00700-18 ARTICLE 14 - MISCELLANEOUS........................................................................................................................ 00700-18 14.01 Giving Notice.......................................................................................................................................00700-18 14.02 Controlling Law................................................................................................................................... 00700-18 14.03 Computation of Time............................................................................................................................ 00700-19 14.04 Cumulative Remedies........................................................................................................................... 00700-19 14.05 Survival of Obligations......................................................................................................................... 00700-19 EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright ©2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 EJCDC STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Those written or graphic instruments issued prior to the opening of Bids in accordance with the Bidding Requirements which clarify or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument signed by both Buyer and Seller covering the Goods and Special Services and which lists the Contract Documents in existence on the Effective Date of the Agreement. 3. Application for Payment --The form acceptable to Buyer which is used by Seller in requesting progress and final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid --An offer or proposal submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 5. Bidder --A person who submits a Bid directly to Buyer. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Form of Bid security, if any, and Bid Form with any supplements. 8. Buyer --The person or public entity purchasing the Goods and Special Services. 9. Change Order --A document recommended by Engineer which is signed by Seller and Buyer and authorizes an addition, deletion, or revision to the Contract Documents or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A written demand or assertion by Buyer or Seller seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. 11. Contract --The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --Those items listed in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Files in electronic media format of text, data, graphics, and the like are not Contract Documents, and may not be relied on by Seller. Approved Shop Drawings and other Seller's submittals are not Contract Documents. 13. Contract Price-- The moneys payable by Buyer to Seller for furnishing the Goods and Special Services in accordance with the Contract Documents as stated in the Agreement. 14. Contract Times --The times stated in the Agreement by which the Goods must be delivered and Special Services must be furnished. 15. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, intent, and character of the Goods and Special Services to be furnished by Seller. 16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 17. Engineer --The person designated as such in the Agreement. 18. Field Order --A written order issued by Engineer which requires minor changes in the Goods or Special Services but which does not involve a change in the Contract Price or Contract Times. 19. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 20. Goods --The tangible and movable personal property that is described in the Contract Documents, regardless of whether the property is to be later attached to realty. 21. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 22. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to the Contract Times. 23. Notice of Award --The written notice by Buyer to the apparent Successful Bidder stating that upon timely compliance by the apparent Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement. 24. Notice to Proceed-- A written notice given by Buyer to Seller fixing the date on which the Contract Times commence to run and on which Seller shall start to perform under the Contract. 25. Point of Destination --The specific address of the location where delivery of the Goods shall be made as stated in the Agreement. 26. Project --The total undertaking of which the Goods and Special Services to be provided under the Contract are a part. 27. Project Manual --The bound documentary information prepared for bidding and furnishing the Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 28. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and which establish the standards by which such portion of the Goods or Special Services will be judged. 29. Seller --The person furnishing the Goods and Special Services. 30. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods or Special Services. 31. Special Services --Services associated with the Goods to be furnished by Seller as required by the Contract Documents. 32. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative details applicable thereto. 33. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid, to whom Buyer makes an award. 34. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 35. Written Amendment --A written statement modifying the Contract Documents, signed by Buyer and Seller on or after the Effective Date of the Agreement and normally dealing with the administrative aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Goods or Special Services. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Goods or Special Services for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing of Goods or Special Services or any duty or authority to undertake responsibility contrary to any other provision of the Contract Documents. 2. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 3. The word "non -conforming" when modifying the words "Goods" or "Special Services", refers to Goods or Special Services that fail to conform to the Contract Documents. 4. The word "receipt" when referring to the Goods, shall mean the physical taking and possession by the Buyer under the conditions specified in Paragraph 8.01.13.3. � 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Seller delivers the executed Agreements to Buyer, Seller also shall deliver such bonds as Seller may be required to furnish. 2.02 Copies of Documents A. Buyer shall furnish Seller up to five copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Designated Representatives A. Buyer and Seller shall each designate its representative at the time the Agreement is signed. Each representative shall have full authority to act on behalf of and make binding decisions in any matter arising out of or relating to the Contract. 2.05 Before Starting Fabrication/Assembly of Goods A. Seller's Review of Contract Documents: Before commencing performance of the Contract, Seller shall carefully study and compare the Contract Documents and check and verify pertinent requirements therein and, if specified, all applicable field measurements. Seller shall promptly report in writing to Buyer and Engineer any conflict, error, ambiguity or discrepancy which Seller may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any work affected thereby. 2.06 Progress Schedule A. Within 15 days after the Contract Times start to run, Seller shall submit to Buyer and Engineer an acceptable progress schedule of activities, including at a minimum, Shop Drawing and Sample submittals, tests, and deliveries as required by the Contract Documents. No progress payment will be made to Seller until an acceptable schedule is submitted to Buyer and Engineer. B. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progression of the submittals, tests, and deliveries to completion within the specified Milestones and the Contract Times. Such acceptance will not impose on Buyer or Engineer responsibility for the progress schedule, for sequencing, scheduling, or progress of the work nor interfere with or relieve Seller from Seller's full responsibility therefor. Such acceptance shall not be deemed to acknowledge the reasonableness and attainability of the schedule. 2.07 Preliminary Conference A. Within 20 days after the Contract Times start to run, a conference attended by Seller, Buyer, Engineer and others as appropriate will be held to establish a working understanding among the parties as to the Goods and Special Services and to discuss the schedule referred to in Paragraph 2.06.A., procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided, whether or not specifically called for, at no additional cost to Buyer. C. Clarifications and interpretations of, or notifications of minor variations and deviations in, the Contract Documents, will be issued by Engineer as provided in Article 9. 3.02 Laws and Regulations, Standards, Specifications and Codes A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws and Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. B. No provision of any such standard, specification, manual or code, or any instruction of a supplier shall be effective to change the duties or responsibilities of Buyer or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 effective to assign to Buyer or Engineer, or any of their consultants, agents, or employees any duty or authority to supervise or direct the performance of Seller's obligations or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: If, during the performance of the Contract, Seller discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Contract or of any standard, specification, manual or code, or of any instruction of any supplier, Seller shall promptly report it to Buyer in writing for Engineer's review. Seller shall not proceed with the furnishing of the Goods or Special Services affected thereby until an amendment to or clarification of the Contract Documents has been issued. Seller shall not be liable to Buyer or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy unless Seller knew or reasonably should have known thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and Special Services (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Clarifying Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions to the Goods or Special Services or to modify the terms and conditions thereof by a Written Amendment or a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Goods or Special Services not affecting Contract Price or Contract Times may be authorized, by one or more of the following ways: 1) a Field Order; 2) Engineer's approval of a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3) Engineer's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.01 Bonds A. Seller shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price, to Buyer. The bonds shall be delivered in accordance with Paragraph 2.01 and shall remain in effect at least one year after the date final payment is due, except as provided otherwise by Laws or Regulations. B. The bonds shall be issued in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by a surety named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on a bond is declared bankrupt or becomes insolvent or its right to do business is terminated in the state where the Project is located or it ceases to meet the requirements of Paragraph 4.01.13, Seller shall provide another bond and surety which comply with those requirements within 20 days, at Seller's expense. 4.02 Insurance A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the Supplementary Conditions. ARTICLE 5 - SELLER'S RESPONSIBILITIES 5.01 Supervision and Superintendence A. Seller shall be solely responsible for the means, methods, techniques, sequences, and procedures used in performing its obligations. Seller shall be responsible to see that the completed Goods and Special Services conform to the Contract Documents. 5.02 Labor, Materials and Equipment A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance of the Contract. B. All equipment, products and material incorporated into the Goods shall be as specified, or if not specified, shall be new, of good quality and protected, assembled, used, connected, applied, cleaned and conditioned in accordance with the original manufacturer's instructions, except as otherwise may be provided in the Contract Documents. 5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes A. Seller shall comply with all Laws and Regulations applicable to the furnishing of the Goods and Special Services. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 5.04 Or Equals A. Whenever an item of material or equipment to be incorporated into the Goods is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier or manufacturer, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item is permitted, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer's review. 1. If in Engineer's sole discretion, such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be con- sidered by Engineer as an "or -equal" item. 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; and 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; and b. Seller certifies that: 1) there is no increase in any cost including capital, installation or operating to Buyer; and 2) the proposed item will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. B. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraph 5.04.A. Engineer will be the sole judge of acceptability. No "or -equal" will be or- dered, manufactured or utilized until Engineer's review is complete, which will be evidenced by an approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative determination. Notwithstanding Engineer's approval of an "or -equal" item, Seller shall remain obligated to comply with the requirements of the Contract Documents. C. Special Guarantee: Buyer may require Seller to furnish at Seller's expense a special performance guarantee or other surety with respect to any such proposed "or - equal." D. Data: Seller shall provide all data in support of any such proposed "or -equal" at Seller's expense. 5.05 Taxes A. Seller shall be responsible for all taxes and duties arising out of the sale of the Goods and the furnishing of Special Services. All taxes are included in the Contract Price. 5.06 Shop Drawings and Samples A. Seller shall submit Shop Drawings and Samples to Buyer for Engineer's review and approval in accordance with the schedule required in Paragraph 2.06.A. All submittals will be identified as required and furnished in the number of copies specified in the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Seller proposes to provide. B. Where a Shop Drawing or Sample is required by the Contract Documents, any related work performed prior to Engineer's approval of the pertinent submittal will be at the sole expense and responsibility of Seller. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Seller shall have determined and verified: a. all field measurements (if required), quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; and b. that all materials are suitable with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the furnishing of Goods and Special Services. 2. Seller shall also have reviewed and coordinated each Shop Drawing or Sample with the Contract Documents. 3. Each submittal shall include a written certification from Seller that Seller has reviewed the subject submittal and confirmed that it is in compliance with the requirements of the Contract Documents. Both Buyer and Engineer shall be entitled to rely on such certification from Seller. 4. With each submittal, Seller shall give Buyer and Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both in a written communication separate from the submittal and by specific notation on each Shop Drawing or Sample. D. Engineer's Review EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. Engineer will provide timely review of Shop Drawings and Samples. 2. Engineer's approval of Shop Drawings or Samples will be subject to the standard of Paragraph 1.02.A.1. Engineer's approval will not relieve Seller from responsibility for any variation from the requirements of the Contract Documents unless Seller has in writing called Engineer's attention to each such variation at the time of each submittal as required by Paragraph 5.06.C.1. and Engineer has given written approval of each such varia- tion by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval. E. Resubmittal Procedures 1. Seller shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Seller shall direct specific attention in writing to any revisions other than the corrections called for by Engineer on previous submittals. 5.07 Continuing Performance A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.06.A., and the Goods shall be delivered and the Special Services furnished within the Contract Times specified in the Agreement. B. Seller shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Buyer. No work shall be delayed or postponed pending resolution of any disputes or disagreements. 5.08 Seller's Warranties and Guarantees A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed shall be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance. B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Contract Documents, including any Samples approved by Engineer, and the Goods will be of merchantable quality. Engineer shall be entitled to rely on representation of Seller's warranty and guarantee. C. Seller's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, improper modification or improper maintenance or operation by persons other than Seller, or 2. normal wear and tear under normal usage. D. Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Goods or Special Services that are non- conforming, or a release of Seller's obligation to furnish the Goods and Special Services in accordance with the Contract Documents: 1. observations by Buyer or Engineer; 2. recommendation by Engineer or payment by Buyer of any progress or final payment; 3. use of the Goods by Buyer; 4. any acceptance by Buyer (subject to the provisions of Paragraph 8.02.D.1) or any failure to do so; 5. the issuance of a notice of acceptance by Buyer pursuant to the provisions of Article 8; 6. any inspection, test or approval by others; or 7. any correction of non -conforming Goods or Special Services by Buyer. E. Buyer shall within a reasonable time notify Seller of any breach of Seller's warranties or guarantees. If Buyer receives notice of a suit or claim as a result of such breach, Buyer also may give Seller notice in writing to defend such suit or claim. If Seller fails to defend such suit or claim, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit. 5.09 Indemnification A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors from any and all claims, costs, losses, and demands or judgments for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to a negligent act or omission or the breach of any obligation under this Contract by Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors or subcontractors, or anyone for whom Seller is responsible, provided that any such claim, cost, loss, or damage; 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods or Special Services themselves), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of Seller or any individual or entity directly or indirectly employed to furnish any of the Goods or Special Services or anyone for whose acts Seller may be liable, regardless of whether or not caused in part by any EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. The indemnification obligations of Seller under paragraph 5.09.A shall not extend to the liability of Engineer and Engineer's consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 6 - SHIPPING AND DELIVERY 6.01 Shipping A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling and any other costs associated with shipment and delivery. 6.02 Delivery A. Seller shall deliver the Goods F.O.B. the Point of Destination in accordance with the Contract Times set forth in the Agreement, or other date agreed to by Buyer and Seller. B. Seller shall provide written notice to Buyer at least 15 days before shipment of the manner of shipment and the anticipated delivery date. The notice shall also include any instructions concerning special equipment or services required at the Point of Destination to unload and care for the Goods. Seller shall also require the carrier to give Buyer at least 24 hours notice by telephone prior to the anticipated hour of delivery. C. Buyer will be responsible and bear all costs for unloading the Goods from carrier. D. Buyer will assure that adequate facilities are available to receive delivery of the Goods during the Contract Times set forth in the Agreement, or another date agreed by Buyer and Seller. E. No partial deliveries shall be allowed, unless permitted or required by the Contract Documents or agreed to in writing by Buyer. 6.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer's receipt of the Goods. B. Notwithstanding the provisions of Paragraph 6.03.A, if Buyer rejects the Goods as non -conforming, the risk of loss on such Goods shall remain with Seller until Seller corrects the non -conformity or Buyer accepts the Goods. ARTICLE 7 - CHANGES: SCHEDULE AND DELAY 7.01 Changes in the Goods and Special Services A. Buyer may at any time, without notice to any surety, make changes in the Contract Documents within the general scope of the Contract. B. If any such change or action by Buyer affects the Contract Price or Contract Times, Seller shall notify Buyer within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Buyer within 45 days after such occurrence. If Seller fails to do so, Seller waives any Claim for such adjustment. C. Seller shall not suspend performance while Buyer and Seller are in the process of making such changes and any related adjustments. 7.02 Changes in Laws and Regulations A. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of furnishing the Goods and Special Services shall be the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 9.06.A. 7.03 Changing Contract Price or Contract Times A. The Contract Price or Contract Times may only be changed by: 1. a Change Order; 2. a Written Amendment; or 3. a written unilateral order of Buyer, in which case Seller shall be entitled to an equitable adjustment in Contract Price or Contract Times for any reasonable and necessary costs or delays incurred by Seller to accommodate such a change. B. If Seller is prevented from delivering the Goods or performing the Special Services within the Contract Times for any unforeseen reason beyond its control and not attributable to its actions or inactions, then Seller shall be entitled to an adjustment of the Contract Times to the extent attributable to such reason. Such reasons include fire, floods, epidemics, abnormal weather conditions, acts of God, acts of war, directions by government authority, and other like matters. If such an event occurs and delays EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 Seller's performance, Seller shall notify Buyer in writing within 15 days of the beginning of the event causing the delay, stating the reason therefor. C. Contract Times will not be modified for delays within the control of Seller, including labor strife, transportation shortages or delays at Seller's facilities. Delays attributable to and within the control of Seller's subcontractors or suppliers shall be deemed to be delays within the control of Seller. D. If Seller is prevented from delivering the Goods or furnishing the Special Services within the Contract Times due to the actions or inactions of Buyer, Seller shall be entitled to any reasonable and necessary additional costs arising out of such delay to the extent directly attributable to Buyer. E. Neither Buyer nor Seller shall be entitled to any damages arising from delays which are beyond the control of both Buyer and Seller, including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, acts of war, direction by government authority, and other like matters. ARTICLE 8 - BUYER'S RIGHTS 8.01 Inspections and Testing A. General 1. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller's facility, and at the Point of Destination. Seller shall allow Buyer a reasonable time to perform such inspections or tests. 2. Seller shall bear all expenses, except for travel, lodging and subsistence expenses of Buyer's representatives, for inspections and tests at Seller's facility, but Buyer shall be entitled to reimbursement from Seller of travel, lodging and subsistence expenses of Buyer's representatives if the Goods are non -conforming. 3. Buyer shall bear all expenses, except for travel, lodging and subsistence expenses of Seller's representatives, for inspections and tests at the Point of Destination, but Buyer shall be entitled to reimbursement from Seller for Buyer's expenses for reinspection or retesting if, on the basis of an initial inspection or testing, the Goods are determined to be non -conforming. 4. Seller shall provide Buyer 30 days written notice of the readiness of the Goods for all inspections, tests, or approvals which the Contract Documents specify are to be observed by Buyer prior to shipment. 5. Buyer will give Seller timely notice of all specified tests, inspections and approvals of the Goods which are to be conducted at the Point of Destination. 6. If, on the basis of any inspections or testing, the Goods appear to be conforming, Buyer will give Seller prompt notice thereof. If on the basis of said inspections or testing, the Goods appear to be non -conforming, Buyer will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of Paragraph 8.02. 7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests or inspections shall constitute acceptance of non -conforming Goods, or prejudice Buyer's rights under the Contract. B. Inspection on Delivery 1. Buyer or Engineer will inspect the Goods upon delivery solely for purposes of identifying the Goods and general verification of quantities and observation of apparent condition in order to provide a basis for a progress payment. Such inspection will not be construed as final or as receipt of any Goods and Special Services that, as a result of subsequent inspections and tests, are determined to be non -conforming. 2. Within ten days of such inspection, Buyer shall provide Seller with written notice of Buyer's determination regarding conformity of the Goods. In the event Buyer does not provide such notice, it will be presumed that the Goods appear to be conforming. 3. If, on the basis of the inspection specified in Paragraph 8.0I.B.1, the Goods appear to be conforming, Buyer's notice thereof to Seller will acknowledge receipt of the Goods. C. Final Inspection 1. After all of the Goods have been incorporated into the Project, tested in accordance with such testing requirements as are specified, and are functioning as intended, Buyer or Engineer will make a final inspection. 2. If, on the basis of the final inspection, the Goods are conforming, Buyer's notice thereof will constitute Buyer's acceptance of the Goods. 3. If, on the basis of the final inspection, the Goods are non -conforming, Buyer will identify the non- conformity in writing. 8.02 Non -Conforming Goods or Special Services A. If, on the basis of inspections and testing prior to delivery, the Goods appear to be non -conforming, or if at any time after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 8.03, Buyer determines that the Goods are non- conforming, Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 correct such non -conforming Goods, or, if rejected by Buyer, remove and replace the non -conforming Goods with conforming Goods, including all work required for reinstallation. B. Buyer's Rejection of Non -Conforming Goods 1. If Buyer elects to reject the Goods in whole or in part, Buyer's notice to Seller will describe in sufficient detail the non -conforming aspect of the Goods. If Goods have been delivered to Buyer, Seller shall promptly, and within the Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal and replacement of the non- conforming Goods as provided in Paragraph 8.02.E. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods or to the extent of any payments made and expenses incurred in their testing and inspection. C. Remedying Non -Conforming Goods or Special Services 1. If Buyer elects to permit the Seller to modify the Goods to remove the non-conformance, Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. 2. If Buyer notifies Seller in writing that any of the Special Services are non -conforming, Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to do so, Buyer may delete the Special Services and reduce the Contract Price a commensurate amount. D. Buyer's Acceptance of Non -Conforming Goods 1. Instead of requiring correction or removal and replacement of non -conforming Goods discovered either before or after final payment, Buyer may accept the non- conforming Goods. Seller shall bear all costs, losses, and damages attributable to Buyer's evaluation of and determination to accept such non -conforming Goods as provided in Paragraph 8.02.E. E. Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re- inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non -conforming Goods or Special Services, including the correction or removal and replacement of the non- conforming Goods and the replacement of property of Buyer and others destroyed by the correction or removal and replacement of the non -conforming Goods, or the obtaining of conforming Special Services from others. 8.03 Correction Period A. Seller's responsibility for correcting all non - conformities in the Goods will extend for a period of one year after the earlier of the date on which Buyer has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents. ARTICLE 9 - ROLE OF ENGINEER 9.01 Duties and Responsibilities A. The duties and responsibilities and the limitations of authority of Engineer are set forth in the Contract Documents. 9.02 Clarifications and Interpretations A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on Buyer and Seller. If either Buyer or Seller believes that a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Times, either may make a Claim therefor. 9.03 Authorized Variations A. Engineer may authorize minor deviations or variations in the Contract Documents by: 1) issuance of approved Shop Drawings when such change or deviation was duly noted by Seller as required in Paragraph 5.06.C.4, or 2) a Field Order. 9.04 Rejecting Non -Conforming Goods and Special Services A. Engineer will have the authority to disapprove or reject Goods or Special Services which Engineer believes to be non -conforming. 9.05 Decisions on Requirements of Contract Documents A. Engineer will be the initial interpreter of the Contract Documents and judge of the acceptability of the Goods and Special Services. Claims, disputes and other matters relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph. B. When functioning as interpreter and judge under this Paragraph 9.05, Engineer will not show partiality to Buyer EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 or Seller and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer pursuant to this Paragraph 9.05 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 10.07) will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.06 Claims and Disputes A. Notice: Written notice of each Claim, dispute or other matter relating to the acceptability of the Goods and Special Services or the interpretation of the requirements of the Contract Documents pertaining to Seller's performance shall be delivered by the claimant to Engineer and the other party to the Agreement within 15 days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. B. Engineer's Decision: Engineer will render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. Engineer's written decision on such Claim, or dispute, or other matter will be final and binding upon Buyer and Seller unless: 1. an appeal from Engineer's decision is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 13; or 2. if no such dispute resolution procedures have been set forth, a written notice of intention to appeal is delivered by Buyer or Seller to the other and to Engineer within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision (unless otherwise agreed to in writing by Buyer and Seller), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If Engineer does not render a formal decision in writing within the time stated in Paragraph 9.06.B., a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ARTICLE 10 - PAYMENT 10.01 Applications for Progress Payments A. Seller shall submit to Buyer for Engineer's review Applications for Payment filled out and signed by Seller and accompanied by such supporting documentation as is required by the Contract Documents and also as Buyer or Engineer may reasonably require. The timing and amounts of progress payments shall be as stipulated in the Agreement. 1. The first application for Payment will be submitted after review and approval by Engineer of all Shop Drawings and of all Samples required by the Contract Documents. 2. The second Application for Payment will be submitted after receipt of the Goods has been acknowledged in accordance with Paragraph 8.01.13 and will be accompanied by a bill of sale, invoice or other documentation satisfactory to Buyer warranting that Buyer has rightfully received good title to the Goods from Seller and that the Goods are free and clear of all liens. Such documentation will include releases and waivers from all parties with viable lien rights. In the case of multiple deliveries of Goods, additional Applications for Payment accompanied by the required documentation will be submitted as Buyer acknowledges receipt of additional items of the Goods. 10.02 Review of Applications for Progress Payments A. Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Seller may make the necessary corrections and resubmit the Application. 1. Engineer's recommendation of payment requested in the first Application for Payment will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data, that the Shop Drawings and Samples have been reviewed and approved as required by the Contract Documents and Seller is entitled to payment of the amount recommended. 2. Engineer's recommendation of payment requested in the Application for Payment submitted upon Buyer's acknowledgment of receipt of the Goods will constitute a representation by Engineer, based on Engineer's review of the Application for Payment and the accompanying data Seller is entitled to payment of the amount recommended. Such recommendation will not constitute a representation that Engineer has made a final inspection of the Goods, that the Goods are free from non -conformities, acceptable or in conformance with the Contract Documents, that Engineer has made any investigation as to Buyer's title to the Goods, that exhaustive or continuous inspections have been made to check the quality or the quantity of the Goods beyond the responsibilities specifically assigned to Engineer in the Contract Documents or that there may not EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 be other matters or issues between the parties that might entitle Seller to additional payments by Buyer or Buyer to withhold payment to Seller. 3. Engineer may refuse to recommend that all or any part of a progress payment be made, or Engineer may nullify all or any part of any payment previously recommended if, in Engineer's opinion, such recommendation would be incorrect or if on the basis of subsequently discovered evidence or subsequent inspections or tests Engineer considers such refusal or nullification necessary to protect Buyer from loss because the Contract Price has been reduced, Goods are found to be non -conforming, or Seller has failed to furnish acceptable Special Services. 10.03 Amount and Timing of Progress Payments A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the Agreement. Buyer shall within 30 days after receipt of each Application for Payment with Engineer's recommendation pay Seller the amount recommended; but, in the case of the Application for Payment upon Buyer's acknowledgment of receipt of the Goods, said 30 -day period may be extended for so long as is necessary (but in no event more than 60 days) for Buyer to examine the bill of sale and other documentation submitted therewith. Buyer shall notify Seller promptly of any deficiency in the documentation and shall not unreasonably withhold payment. 10.04 Suspension of or Reduction in Payment A. Buyer may suspend or reduce the amount of progress payments, even though recommended for payment by Engineer, under the following circumstances: 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Contract Documents, 2. Buyer has requested in writing assurances from Seller that the Goods or Special Services will be delivered or furnished in accordance with the Contract Documents, and Seller has failed to provide adequate assurances within ten days of Buyer's written request. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer's satisfaction. 10.05 Final Application for Payment A. After Seller has corrected all non -conformities to the satisfaction of Buyer and Engineer, furnished all Special Services, and delivered all documents required by the Contract Documents, Engineer will issue to Buyer and Seller a notice of acceptability. Seller may then make application for final payment following the procedure for progress payments. The final Application for Payment will be accompanied by all documentation called for in the Contract Documents, a list of all unsettled claims and such other data and information as Buyer or Engineer may reasonably require. 10.06 Final Payment A. If, on the basis of the review of the final Application for Payment and accompanying documentation, Engineer is satisfied that the Goods and Special Services have been furnished in accordance with the Contract Documents, and that Seller's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, recommend in writing final payment subject to the provisions of Paragraph 10.07 and present the Application to Buyer. Otherwise, Engineer will return the Application to Seller, indicating the reasons for refusing to recommend final payment, in which case Seller shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommended by Engineer. 10.07 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens and Claims, from non -conformities in the Goods or Special Services appearing after final payment, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Seller's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Seller against Buyer other than those previously made in accordance with the requirements herein and expressly noted in writing by Seller as still unsettled in its final Application for Payment. ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION 11.01 Cancellation A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of the Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for Goods, specially manufactured for the Project, plus any documented EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 reasonable direct and indirect costs incurred by Seller in producing such Goods not recovered by payment for the reasonable value of the Goods. 2. For Goods which are not specially manufactured for the Project, Seller shall be entitled to a restocking charge of 10 percent of the unpaid Contract Price of such Goods. 11.02 Suspension of Performance by Buyer A. Buyer has the right to suspend performance of the Contract, without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled to an increase in the Contract Times and Contract Price caused by the suspension, provided that performance would not have been suspended or delayed for causes attributable to Seller. 11.03 Suspension of Performance by Seller A. Subject to the provisions of Paragraph 5.07.13, Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations under the Contract. ("Reasonable grounds" shall not include a pending dispute or disagreement with Buyer) and, 2. Seller has requested in writing assurances from Buyer that future payments will be made in accordance with the Contract, and Buyer has failed to provide such assurances within ten days of Seller's written request. 11.04 Breach and Termination A. Buyer's Breach 1. Buyer shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including but not limited to: a. wrongful rejection or revocation of Buyer's acceptance of the Goods, b. failure to make payments in accordance with the Contract Documents, or c. wrongful repudiation of the Contract. 2. Seller shall have the right to terminate the Contract for cause by declaring a breach should Buyer fail to comply with any material provisions of the Contract. Upon termination, Seller shall be entitled to all remedies provided by Laws and Regulations. a. In the event Seller believes Buyer is in breach of its obligations under the Contract, Seller shall provide Buyer with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Buyer shall have seven days from receipt of the written notice declaring the breach (or such longer period of time as Seller may grant in writing) within which to cure the alleged breach. B. Seller's Breach 1. Seller shall be deemed in breach of the Contract if it fails to comply with any material provision of the Contract Documents, including, but not limited to: a. failure to deliver the Goods or perform the Special Services in accordance with the Contract Documents, b. wrongful repudiation of the Contract, or c. delivery or furnishing of non -conforming Goods or Special Services. 2. Buyer may terminate Seller's right to perform the Contract for cause by declaring a breach should Seller fail to comply with any material provision of the Contract Documents. Upon termination, Buyer shall be entitled to all remedies provided by Laws and Regulations. a. In the event Buyer believes Seller is in breach of its obligations under the Contract, and except as provided in Paragraph 11.04.13.2.b, Buyer shall provide Seller with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Seller shall have seven days from receipt of the written notice declaring the breach (or such longer period of time as Buyer may grant in writing) within which to cure the alleged breach. b. If and to the extent that Seller has provided a performance bond under the provisions of Paragraph 4.01, the notice and cure procedures of that bond, if any, shall supersede the notice and cure procedures of Paragraph 11.04.B.2.a. ARTICLE 12 - LICENSES AND FEES 12.01 Intellectual Property and License Fees A. Unless specifically stated elsewhere in the Contract Documents, Seller is not transferring any intellectual property rights, patent rights, or licenses for the Goods delivered. However, in the event the Seller is manufacturing to Buyer's design, Buyer retains all intellectual property rights in such design. B. Seller shall pay all license fees and royalties and assume all costs incident to the use or the furnishing of the EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 Goods, unless specified otherwise by the Contract Documents. 12.02 Seller's Infringement A. Subject to Paragraph 12.0l.A, Seller shall indemnify and hold harmless Buyer, Engineer and their officers, directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, costs, losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any United States or foreign patent or copyright by any of the Goods delivered hereunder. B. In the event of suit or threat of suit for intellectual property infringement, Buyer will notify Seller within a reasonable time of receiving notice thereof. C. Upon written demand from Buyer, Seller shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Seller shall have control over such claim or suit, provided that Seller agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Seller fails to defend such suit or claim after written demand by Buyer, Seller will be bound in any subsequent suit or claim against Seller by Buyer by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim after written demand by Seller, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon intellectual property rights of another, Seller may obtain the necessary licenses for Buyer's benefit, or replace the Goods and provide related design and construction as necessary to avoid the infringement at Seller's own expense. 12.03 Buyer's Infringement A. Buyer shall indemnify and hold harmless Seller, and its officers, directors, partners, employees, agents, consultants, contractors, and subcontractors from and against all claims, costs, losses, damages, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any United States or foreign patent or copyright caused by Seller's compliance with Buyer's design of the Goods or Buyer's use of the Goods in combination with other materials or equipment in any process (unless intent of such use was known to Seller and Seller had reason to know such infringement would result). B. In the event of suit or threat of suit for intellectual property infringement, Seller must within a reasonable time after receiving notice thereof notify Buyer. C. Upon written demand from Seller, Buyer shall be given the opportunity to defend the claim or suit, including negotiating a settlement. Buyer shall have control over such claim or suit, provided that Buyer agrees to bear all expenses and to satisfy any adverse judgment thereof. 1. If Buyer fails to defend such suit or claim after written demand by Seller, Buyer will be bound in any subsequent suit or claim against Buyer by Seller by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim after written demand by Buyer, Seller shall be barred from any remedy against Buyer for such suit or claim. 12.04 Reuse of Documents A. Neither Seller nor any other person furnishing any of the Goods or Special Services under a direct or indirect contract with Seller shall: (1) acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions; or (2) reuse any of such Drawings, Specifications, other documents, or copies thereof on any other project without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer. This prohibition will survive termination or completion of the Contract. Nothing herein shall preclude Seller from retaining copies of the Contract Documents for record purposes. ARTICLE 13 - DISPUTE RESOLUTION 13.01 Dispute Resolution Method A. Disputes between Buyer and Seller will be resolved as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of Paragraphs 9.05 and 9.06, Buyer and Seller may exercise such rights or remedies as they have under Controlling Law. ARTICLE 14 - MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 14.02 Controlling Law A. This Contract is to be governed by the law of the state in which the Point of Destination is located. 14.03 Computation of Time A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 14.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 14.05 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Goods or Special Services and termination or completion of the Agreement. EJCDC P-700 Standard General Conditions for Procurement Contracts Copyright © 2000, National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 DOC. 00800 SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS ARTICLE PAGE NO. 1 Definitions and Terminology........................................................................................... SC — 00800-1 2 Preliminary Matters.......................................................................................................... SC -00800-2 3 Contract Documents: Intent and Amending................................................................. SC — 00800-3 4 Bonds and Insurance......................................................................................................... SC — 00800-4 5 Seller's Responsibilities..................................................................................................... SC -00800-6 6 Shipping & Delivery ........................................................................................................... SC -00800-8 7 Changes: Schedule and Delay.......................................................................................... SC — 00800-8 8 Buyer's Rights...................................................................................................................... SC — 00800-9 10 Payment............................................................................................................................... SC — 00800-10 11 Cancellation, Suspension, and Termination................................................................... SC — 00800-13 12 Licenses and Fees............................................................................................................... SC — 00800-13 13 Dispute Resolution............................................................................................................. SC — 00800-14 14 Miscellaneous...................................................................................................................... SC — 00800-14 15 Tests and Inspections; Correction, Removal or Acceptance of Defective Work......... SC — 00800-14 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions amend or supplement the Standard General Conditions of Procurement Contracts (EJCDC P-700, 2000 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. Throughout the entirety of the Contract Documents, the terms "Contractor" and "Seller" and "Supplier" shall have the same meaning. Throughout the entirety of the Contract Documents, the terms "Owner" and "Buyer" shall have the same meaning. Throughout the entirety of the Contract Documents, the terms "Bid" and "Proposal" shall have the same meaning. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC - 1.01 In subparagraph 1.01.A. delete the first sentence in its entirety and insert the following in its place: Whenever used in the Proposal requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to the singular or plural thereof. Delete paragraph 1.01.A.1. in its entirety and insert the following in its place: 1. Addenda —Those written or graphic instruments issued prior to the Bid due date in accordance with the Proposal Requirements which clarify or change the Proposal Requirements or the proposed Contract Documents. Delete paragraph 1.01.A.5. in its entirety and insert the following in its place: 5. Bidder—An individual, partnership, or corporation who submits a bid for the Work to be performed. Delete paragraph 1.01.A.17. in its entirety and insert the following in its place: 17. Engineer —The Hutchinson City Engineer or consulting engineers as designated by the City of Hutchinson, Minnesota. Delete paragraph 1.01.A.23. in its entirety and insert the following in its place: 23. Notice of Award — The written notice to Buyer to the apparent Successful Bidder stating that upon timely compliance by the apparent Successful Bidder with the conditions precedent listed therein, Buyer will sign and deliver the Agreement. Delete paragraph 1.01.A.27. in its entirety and insert the following in its place: 27. Project Manual — The bound documentary information prepared for Proposing and furnishing the Goods and Special Services. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-1 Add the following new paragraphs immediately following 1.01.A.35: 36. Owner—The City of Hutchinson, Minnesota. 37. Contractor -- The individual or entity with whom Owner has entered into the Agreement. 38. Subcontractor — An individual, firm or corporation having a direct contract with Seller or with any other Subcontractor for the performance of a part of the work whether at or away from the site. 39. City — The City of Hutchinson, Minnesota. 40. Extra Work — Any work not required by the Contract as awarded, but which is authorized and performed by Supplemental Agreement either at negotiated prices or in accordance with Article 7 of the Standard General Conditions. 41. Item — A unit of Work in which a price is provided in the Agreement. 42. Special Provisions — Specific clauses setting forth conditions or requirements peculiar to the project and covering work or materials which are not covered by the standard specifications. Also may be termed General Requirements. 43. Standard Drawings and/or Plates — Drawings which show standard construction details which have been prepared and/or approved by the Engineer and are usually bound with the specifications. 44. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 45. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 46. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction all as required by the Contract Documents. ARTICLE 2 — PRELIMINARY MATTERS SC — 2.01 Add the following new paragraph immediately after subparagraph 2.01.A:: B. Delivery of Bonds and Evidence of Insurance 1. Performance and payment bonds on the form attached are required by the City; the executed form shall be furnished at the time of signing the contract agreement. Prior to project award, the apparent low and responsible bidder must provide Insurance Certificate, Certificate of Compliance with the Minnesota Worker's Compensation Law, Subcontractor List, complete Project Schedule (describing all major work activities), and Safety Plan document, for the City's review and approval prior to the City signing the contract agreement. Any construction start delays incurred by the Seller due to their untimely submittal of this required information shall not result in any revisions to the project completion dates stated within the Special Provisions. SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-2 The bidder to whom award is made shall enter into a written contract agreement with the City within the time specified in the proposal. The Contract shall be signed by the successful bidder and returned to the City together with the Performance and Payment Bonds. If return of the executed forms within the specified time is impossible due to the absence of one or more of the required signers, an extension of time may be granted by the Buyer, provided satisfactory evidence is furnished that the forms will be executed. All members of a partnership, and the President or Vice President and the Secretary or Treasurer of each corporation shall sign the Contract and Bonds. In the case of joint ventures, signature requirements shall apply to each form represented. SC - 2.03 Delete paragraph 2.03.A. in its entirety and insert the following in its place: A. The Contract Times will commence to run on the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. In no event will the Contract Times commence to run later than the sixty first day after the due date of Bids. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND AMENDING SC — 3.01 Delete paragraph 3.01.13. in its entirety and insert the following in its place: Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce or furnish the specified Goods or Special Services will be provided upon mutual agreement between Buyer and Seller. SC — 3.02 Delete paragraph 3.02.A. in its entirety and insert the following in its place: Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual code, or Laws and Regulations in effect at the time of the Effective Date of the Agreement, except as may be otherwise specifically stated in the Contract Documents. Add the following new paragraph 3.05 immediately after 3.04.13: SC -3.05 Conflict Between Component Parts of Contract — In the event that any provision in any of the following component parts of this Contract conflict with any provision in any other part of the following component parts, the provision in component part first enumerated below shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated. Said component parts are the following: 1) All approved Change Orders. 2) Addenda No. 1. All addenda shall be considered as part of the specifications, and shall be included by the Seller in his bid. 3) Special Provisions 4) Project Plans/Standard Drawings 5) Supplementary Standard Specifications 6) Standard Specifications 7) Instructions to Bidders 8) Supplemental General Conditions 9) General Conditions SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-3 10) Seller's Bid Proposal as Accepted by Buyer 11) Invitation for Bids The Contract is intended to conform in all respects to applicable statutes of the State. If any part or provision of this Contract conflicts therewith the said statute shall govern. ARTICLE 4 — BONDS AND INSURANCE SC - 4.02 Add the following new paragraphs immediately after paragraph 4.02.A.: Seller shall purchase and maintain such liability and other insurance as is appropriate for the furnishing of Goods and Special Services and as will provide protection from claims set forth below which may arise out of or result from Seller's furnishing of the Goods or Special Services and Seller's other obligations under the Contract Documents, whether the furnishing of Goods and Special Services, or other obligations are to be performed by Seller, any subcontractor or supplier, or by anyone directly or indirectly employed by any of them to furnish the Goods or Special Services, or by anyone for whose acts any of them may be liable: 1. claims under worker's compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Seller's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Seller's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Seller, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Goods, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. C. The policies of insurance so required by this Paragraph 4.02 to be purchased and maintained shall: 1. with respect to insurance required by Paragraphs SC -4.02.6.3 through SC -4.02.6.6 inclusive, include as additional insureds (subject to any customary exclusion in respect to professional liability) Buyer and Engineer, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, , of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby. Seller agrees to extend its existing general liability insurance coverage to Buyer & Engineer, but only in respect of work performed by or on behalf of the named insured, Seller, and only to the extent that the additional insured is held liable for the negligence or other culpability of Seller. Coverage under Seller's policy does not extend to liability arising out of the additional insured's own negligence. 2. include at least the specific coverages and be written for the limits of liability provided below or required by Laws and Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Seller's indemnity obligations under Paragraphs 5.09 and 12.02. 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to Buyer and Seller and to each other additional insured identified in these Supplementary Conditions to SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-4 whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Seller pursuant to Paragraph SC 4.02.E will so provide); 6. remain in effect at least until final payment and at all times thereafter when Seller may be correcting, removing, or replacing non -conforming Goods in accordance with Paragraph 8.03; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment (and Seller shall furnish Buyer and each other additional insured identified in these Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Buyer and any such additional insured of continuation of such insurance at final payment and one year thereafter). D. The limits of liability for the insurance required by paragraph SC -4.02.13. shall provide coverage for the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation, and related coverages under paragraphs SC -4.02.13.1 and B.2: a. State: Statutory b. Applicable Federal (e.g., USL&H/Jones Act): Statutory c. Employer's Liability: 100/500/100 2. Seller's General Liability under paragraphs SC -4.02.13.3 through B.6 which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Seller: a. General Aggregate $2,000,000 b. Products — Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Fire Damage Legal $50,000 f. Medical Payments $5,000 g. Owners Protective — In favor of City of Hutchinson $1,000,000 h. Property Damage Liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. i. Excess or Umbrella Liability 3. Automobile Liability under paragraph SC -4.02.B.6: a. Bodily Injury b. Property Damage c. Combined Single Limit $1,000,000 $1,000,000 $1,000,000 $1,000,000 SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-5 E. Seller shall deliver to Buyer, with copies to Engineer. F. If Buyer has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained on the basis of non-conformance with the Contract Documents, Buyer shall notify Seller in writing within 10 days after receipt of the certificates or other evidence required by Paragraph SC -4.02.E. Seller shall provide such additional information in respect to insurance as Buyer shall reasonably request. ARTICLE 5 — SELLER'S RESPONSIBILITIES SC — 5.01 Add the following new sentence at the end of paragraph 5.01.A.: Seller shall not be responsible for the negligence of Buyer or Engineer in the design or specification of a specific means, method, techniques, sequence or procedure, which is shown or indicated in and expressly required by the Contract Documents. SC - 5.02 Delete the paragraph 5.02.6. in its entirety and insert the following in its place: B. All Goods and all equipment and material incorporated into the Goods shall be as specified and unless specified otherwise in the Contract Documents shall be: 1. new and of good quality; 2. protected, assembled, connected, cleaned and conditioned in accordance with the original manufacturer's instructions; and 3. shop assembled to the greatest extent practicable. SC — 5.04 Delete subparagraphs 5.04 in its entirety and insert the following in its place: 5.04 The Buyer will not accept "Or Equal" Bids. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bid Documents, or on the basis of a Voluntary Alternate offered by a Bidder and accepted by the Buyer. Deviations from the Bid Documents shall be proposed on the Bid Form as a Voluntary Alternate and accompanied by information necessary for the Buyer to evaluate and consider the Voluntary Alternate. SC — 5.06 Delete subparagraphs 5.06.C.1.a and 5.06.C.1.b. in their entirety and insert the following in their place: a. all quantities, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; and b. that all materials are suitable with respect to the specified application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the furnishing of Goods and Special Services. SC — 5.07 Delete paragraphs 5.07.6. in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-6 B. Seller shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Buyer. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraphs 11.03 or 11.04 or as Buyer and Seller may otherwise agree in writing. SC — 5.08 Delete paragraph 5.08.13. in its entirety and insert the following in its place: B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Contract Documents, including any Samples approved by Engineer. Engineer shall be entitled to rely on Seller's warranty and guarantee. If the Contract Documents do not otherwise specify the characteristics or the quality of the Goods, the goods shall comply with the requirements of Paragraph 5.02.13. Add the following as subparagraphs 5.08.C.3. and 5.08.C4: 3. Corrosion or chemical attack, unless corrosive or chemically -damaging conditions were disclosed by Buyer in the Contract Documents required the Goods to withstand such conditions. 4. Use in a manner contrary to Seller's written instructions for installation, operation and maintenance or Seller's written or oral instructions given during training of Buyer's personnel. Add the following at the end of 5.08.E: "Seller's sole responsibility and Buyer's exclusive remedy arising out of or relating to the Equipment or Services or any breach of these warranties is limited to repair or (at Seller's option) replacement of the defective item of Equipment, and re -perform defective Services. Buyer shall make maintenance operation records available to Seller upon request during the warranty period." Add a new paragraph 5.08.F to read as follows: "Warranty repair, replacement or re -performance by Seller shall not extend or renew the applicable warranty period. The warranties and remedies set forth in this Contract are in lieu of and exclude all other warranties and remedies, statutory, express or implied, including any warranty of merchantability or of fitness for a particular purpose." SC — 5.09 Amend Article 5.09.A to read as follows: "To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, shareholders, partners, and employees, agents, consultants, contractors and subcontractors from any and all claims, costs, losses, and demands or judgements for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys or other professionals and all court or arbitration or other dispute resolution costs) to the extent caused by a negligent act or omission by Seller, or its officers, directors, shareholders, partners, employees, agents, consultants, contractors and subcontractors provided that any such claim, cost, loss or damage; 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property of third parties (other than the Goods or Special Services themselves), and 2. is caused in whole or in part by any negligent act or omission of Seller or its officers, directors, employees, agents, contractors or subcontractors." SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-7 Add the following new paragraph 5.09.C.: C. "Notwithstanding anything else contained in the Contract, to the maximum extent permitted by law, and regardless of whether a claim is based in contract (including warranty or indemnity), extra- contractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory: 1. THE TOTAL LIABILITY OF THE SELLER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PERFORMANCE OR BREACH OF THE CONTRACTOR USE OF ANY EQUIPMENT OR SERVICES SHALL NOT EXCEED THREE TIMES THE TOTAL PRICE PAID BY CITY UNDER THE CONTRACT; IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUES, LOSS OF PRODUCTION, LOSS OF USE OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIPMENT, INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF REPLACEMENT WATER OR POWER, DOWNTIME COSTS, INCREASED OPERATING COSTS, CLAIMS OF BUYER'S CUSTOMERS FOR SUCH DAMAGES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES; 3. SELLER'S LIABILITY SHALL END UPON EXPIRATION OF THE APPLICABLE MECHANICAL WARRANTY PERIOD, PROVIDED THAT BUYER MAY CONTINUE TO ENFORCE A CLAIM FOR WHICH IT HAS GIVEN NOTICE PRIOR TO THAT DATE BY COMMENCING AN ACTION OR ARBITRATION, AS APPLICABLE UNDERTHE CONTRACT, BEFORE EXPIRATION OF ANY STATUTE OF LIMITATIONS OR OTHER LEGALTIME LIMITATION BUT IN NO EVENT—TO THE EXTENT PERMITTED BYAPPLICABLE LAW— LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD." ARTICLE 6—SHIPPING & DELIVERY SC -6.02.A - Delivery At the end of 6.02.A add the following paragraph: "The time for delivery of the Equipment to Buyer shall be specified in this Contract. Seller's sole liability for any delay in delivery of the Equipment shall be as expressly set out in this Contract. The place of delivery specified herein shall be firm and fixed, provided that Buyer may notify Seller no later than forty-five (45) days prior to the scheduled shipment date of the Equipment of an alternate point of delivery. Buyer shall compensate Seller for any additional cost in implementing the change. If any part of the Equipment cannot be delivered when ready due to any cause not attributable to Seller, Buyer shall designate storage location, and Seller shall ship such Equipment to storage. Title and risk of loss shall thereupon pass to Buyer, and amounts payable to Supplier upon delivery or shipment shall be paid by Buyer along with expenses incurred by Seller." SC -6.03 — Risk of Loss 1. Amend the heading title of 6.03 to read as "Title & Risk of Loss", 2. Amend 6.03.A to read as follows: "Title and risk of loss to the Equipment shall be transferred from Seller to Buyer upon delivery in accordance with the Contract, Title & risk of loss to the Services shall pass as they are performed." ARTICLE 7 — CHANGES: SCHEDULE AND DELAY SC — 7.02 Delete subparagraph 7.02.A. in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-8 A. Changes in Laws or Regulations not known at the time of opening of the Effective Date of the Agreement having an effect on the cost or time of furnishing the Goods and Special Services shall be the subject of an adjustment in Contract Price or Contract Times. If Buyer and Seller are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 9.06.A. SC -7.03.6 Add the following sentence at the end of 7.03.6: "If delivery or performance is delayed for a period exceeding one hundred and eighty (180) days, either Party may terminate this Agreement without further liability provided that Seller shall be paid an amount equal to that which would be payable to Seller under Article 11. Add the following new paragraphs SC -7.04.A, 7.04.6, 7.04.C, and 7.04.D immediately following 7.03.E: SC -7.04 Extension of Time and Failure to Complete on Time A. Any and all extensions of time shall be in accordance with Article 7 of the General Conditions. Failure to substantially complete the work within the time period specified, or as extended in accordance with this Article, will result in the deduction from the monies due the Seller the sum indicated in the following table for each calendar day which elapses between the end of the allowable construction period, if and as extended, and the date of certified completion by the Engineer. Accrual of liquidated damages is applicable to both Interim (disturbance periods per SP -3.3 STAGING) and Final Completion Dates as listed within the Special Provisions. Liquidated damages may be compounded if more than on completion date is not achieved concurrently. C. Seller agrees to pay liquidated damages to Buyer at the rate established in the following table for each day that expires after the time specified in the Contract for completion of the Work. Such liquidated damages payable by Seller shall constitute the Buyer's sole and exclusive remedy for delay by Seller in achieving completion of the Work within the time specified in the Contract Documents. Seller's obligation to pay liquidated damages pursuant to this Contract shall be limited to an amount equal to ten percent (10%) of the Seller's Contract Price. D. Such sum is mutually agreed upon as liquidated damages and is not to be construed as a penalty. The basis for a Certification of Substantial Completion shall be as outlined in Paragraph 10.08 of the Supplementary Conditions. ARTICLE 8 — BUYER'S RIGHTS SC — 8.01 Delete paragraph 8.03.A in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-9 Schedule of Liquidated Damages Original Contract Amount Charge per From More than ---- To and Including Calendar Day $0 $50,000 $150 $50,000 $100,000 $250 $100,000 $500,000 $500 $500,000 $1,000,000 $750 $1,000,000 $2,000,000 $1250 $2,000,000 NA $1750 D. Such sum is mutually agreed upon as liquidated damages and is not to be construed as a penalty. The basis for a Certification of Substantial Completion shall be as outlined in Paragraph 10.08 of the Supplementary Conditions. ARTICLE 8 — BUYER'S RIGHTS SC — 8.01 Delete paragraph 8.03.A in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-9 A. Seller's responsibility for correcting all non -conformities in the Goods will extend for a period of two years after the earlier of the date on which Buyer has placed the Goods in continuous service or the date of final payment or twenty-seven (27) months after the date of delivery, or for such longer period of time as may be prescribed by Laws or Regulations or by the terms of any specific provisions of the Contract Documents. ARTICLE 10 — PAYMENT SC —10.01 In subparagraph 10.01.A.2. delete the first sentence in its entirety and insert the following in its place: 2. Each subsequent Application for Payment, as identified in the Agreement, will be submitted after receipt of the Goods has been acknowledged in accordance with Paragraph 8.01.b. and will be accompanied by a bill of sale, invoice or other documentation satisfactory to Buyer warranting that Buyer has rightfully received good title to the Goods from Seller and that the goods are free and clear of all liens. Add the following new paragraph 10.01.13 immediately following 10.01.A.2: Partial Payments Seller may request payment of 25% of Bid Items 1A and 1B upon approval of the equipment submittal. Seller may request payment of the remaining 75% of Bid Items 1A and 1B upon equipment delivery. The remaining Bid Items 2, 3, 4, and 5 (and Alternate 1 if selected) shall be paid after all Field Quality Control and Final Payment requirements are satisfied. Payments equal to 95% of the value of the work within the requested payment will be on a monthly basis. The Buyer will prepare the payment based on an estimate submitted by the Seller and reviewed by the Buyer. The Seller shall submit the estimate no later than the 1" Monday of the month. Monthly estimates will be prepared on a basis of work performed through the last Monday of each month. Payment for that month's work will be sent to the Seller by the end of the third full week of the following month. Non -Minnesota Sellers If the If the Contract exceeds $100,000.00 or may be reasonably expected to exceed $100,000.00, and is awarded to a non -Minnesota Contractor, progress payments shall be in accordance with applicable State of Minnesota law. The non -Minnesota Seller shall file form SD -E (Exemption from Surety Deposits for Out -of -State Sellers) with the Department of Revenue. The department will use the form to determine if the Seller is exempt from the 8 percent surety deposit requirements. The department will grant an exemption if: The Seller gives the department a cash surety or bond, secured by an insurance company licensed in Minnesota, which guarantees the Seller will comply with all provisions of Minnesota withholding, sales, and corporate income tax laws, or The Seller has done construction work in Minnesota at any time during the three calendar years before entering into the Contract and has fully complied with Minnesota withholding, sales, and corporate income tax laws. SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-10 If the Seller is exempt, the department will certify the form and return a copy to the Seller, who shall provide a copy of the Buyers. If the Seller is not exempt, the department will notify the Buyers to withhold the 8 percent surety deposit from each payment made to the Seller. The Buyers will use form SD -D to make the surety deposits. The Department of Revenue will retain the surety deposits until the Seller's state tax obligations are considered fulfilled. The department will then refund, with interest, any amounts held as surety. SC —10.03 Delete paragraph 10.03.A. in its entirety and insert the following in its place: A. Subject to Paragraph 10.02.A., the amounts of the progress payments will be as provided in the Agreement. Buyer shall within 60 days after receipt of each Application for Payment with Engineer's recommendation pay Seller the amount recommended. Buyer shall notify Seller promptly of any deficiency in the documentation and shall not unreasonably withhold payment. SC -10.04 Add the following new paragraph 10.04.0 immediately following paragraph 10.04.13: C. The Buyer shall disburse and shall have the right to act as agent for the Seller in disbursing such funds as have been withheld pursuant to the section, to the party or parties who are entitled to payment therefrom. The Buyer will render to the Seller a proper accounting of all such funds disbursed in behalf of the Seller. SC -10.05 Delete the paragraph 10.05.A. in its entirety and insert the following new paragraphs in its place: A. After the Engineer is notified by the Seller that the work is ready for final inspection, the Engineer and his assistants shall inspect the work and assemble Punch List stating any needed corrections or additions which are necessary to make the work fully acceptable to the Buyer. After notification by the Seller that all corrections or additions have been completed, the Engineer and his assistants shall re -inspect the work. If the re -inspections reveals that the corrections or additions have not been made, or have not been made properly, making necessary additional inspections and assembly of Punch Lists, the Buyer shall be entitled to recover as damages and may deduct from the unpaid part of the contract the cost of the Engineer and his assistants while engaged in the additional inspections and assembly of punch lists. B. After Seller has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents, and other documents, Seller may make application for final payment following the procedure for progress payments. C. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance; b. consent of the surety, if any, to final payment; c. a list of all Claims against Buyer that Seller believes are unsettled; and SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-11 d. complete and legally effective releases or waivers (satisfactory to Buyer) of all Lien rights arising out of or Liens filed in connection with the Work. D. In lieu of the releases or waivers of Liens specified in Paragraph 10.05.0 and as approved by Buyer, Seller may furnish receipts or releases in full and an affidavit of Seller that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Buyer might in any way be responsible, or which might in any way result in liens or other burdens on Buyer's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Seller may furnish a bond or other collateral satisfactory to Buyer to indemnify Buyer against any Lien. Certificate of Withholding State Income Tax: Final payment shall not be made to the Seller until he furnishes a certificate showing that he has complied with the provisions of M.S.A. 290.92 requiring withholding income tax wages at the source. Said certificate shall be executed by the Commissioner of Taxation. F. Liens: Neither the final payment nor any part of the retained percentage shall become due until the Seller shall deliver to the Buyer a complete release of all liens arising out of this contract, or receipts in lieu thereof; and, in either case, an affidavit that so far as he has knowledge or information, the release and receipts include all of the labor and materials for which a lien can be filed. The Seller may, if any subcontractor refuses to furnish a release or receipt in full, furnish a cash bond satisfactory to the Buyer to indemnify the Buyer against any claim by lien or otherwise. If any lien and/or claim remains unsatisfied after all payments are made, the Seller shall refund to the Buyer all moneys that the latter may be compelled to pay in discharging such lien and/or claim including all costs and attorney's fees. G. Bonding Company Consent Letter: Final acceptance will not be made until the Seller furnishes a consent letter from the bonding company for final payment for the work. H. Final payment will not be made until all additional documentation required by State Statutes, if state funding is utilized, or if federal regulations require additional documentation if federal funding is involved, is provided to the City. SC -10.07 Add the following new paragraphs 10.07.13, 10.07.C, and 10.07.D immediately following 10.07.A: Acceptance of Final Payment Constitutes Release: The acceptance by the Seller of final payment shall be and operate as a release to the Buyer of all claims and liability to the Seller for all things done or furnished in connection with this work and for every act and neglect of the Buyer and others relating to and arising out of this work. No payment, however, final or otherwise, shall operate to release the Seller or his sureties from any obligations under this contract or the performance or payment bond. C. Upon completion of the work and acceptance of the particular projects of the work, the Buyer shall pay the Seller the amount of the final estimate, except that, as a condition of final payment, the Seller shall guarantee the quality of the work for a period of one year following the date of signing the Final Payment by the Buyer. D. Prior to the termination date of the guarantee period, the Seller shall comply with the provisions of SC - 15.07.A . Add the following new paragraphs 10.08 immediately following paragraph 10.07: SC - 10.08 Substantial Completion SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-12 A. When Seller considers the entire Work ready for its intended use Seller shall notify Buyer and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Seller as incomplete) and request that Engineer issue a certificate of Substantial Completion. Promptly after Seller's notification, Buyer, Seller, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Seller in writing giving the reasons therefor. If Engineer considers the Work substantially complete, Engineer will deliver to Buyer a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Buyer shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Buyer, notify Seller in writing, stating the reasons therefor. If, after consideration of Buyer's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Buyer and Seller a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Buyer. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Buyer and Seller a written recommendation as to division of responsibilities pending final payment between Buyer and Seller with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Buyer and Seller agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Buyer and Seller until final payment. E. Buyer shall have the right to exclude Seller from the Site after the date of Substantial Completion subject to allowing Seller reasonable access to remove its property and complete or correct items on the tentative list. ARTICLE 11— CANCELLATION, SUSPENSION, AND TERMINATION SC —11.01 Delete subparagraph 11.01.A.1. in its entirety and insert the following in its place: 1. Buyer shall pay Seller for the direct costs incurred in producing any Goods the Seller has specifically manufactured for the Project, plus a fee of 15 percent for overhead and profit. SC -11.02 — Suspension of Performance by Buyer At the end of 11.02.A add the following sentence; "Any suspension of the Contract that exceeds ninety (90) calendar days, in the aggregate, shall, at Seller's sole discretion constitute termination of the Contract for Buyer's convenience in accordance with Article 11.01 as amended herein." ARTICLE 12 — LICENSES AND FEES SC —12.02 Delete paragraph 12.02.C. in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-13 C. Seller shall promptly defend the claim or suit, including negotiating a settlement. Seller shall have control over such claim or suit, provided that Seller agrees to bear all expenses and to satisfy any adverse judgment thereof. ARTICLE 13—DISPUTE RESOLUTION SC -13.01 Add the following new paragraph 13.01.13 after paragraph 13.01.A: Arbitration shall not be used to settle claims, disputes or other matters in question between Buyer and Seller. At the Buyer's discretion, mediation may be allowed when other negotiations fail to resolve the matters in question. ARTICLE 14 – MISCELLANEOUS SC –14.04 Delete paragraph 14.04.A. in its entirety and insert the following in its place: A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, unless such rights and or remedies have been waived or limited herein, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Add the following new paragraph 14.06 immediately following 14.05: SC -14.06 Reports, Records and Data A. The Seller shall submit to the Buyer such schedule of quantities and costs, progress schedules, reports, estimates, records and other data as the Buyer may request concerning the work performed under this contract. Notwithstanding anything to the contrary herein or elsewhere in the contract documents, under no circumstances shall Seller's financial records regarding fixed price and lump sum charges for goods and services be subject to audit by Buyer. Add the following new Article 15 immediately after Article 14: ARTICLE 15 –TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 15.01 Notice of Defects A. Prompt notice of all defective Work of which Buyer or Engineer has actual knowledge will be given to Seller. Defective Work may be rejected, corrected, or accepted as provided in this Article 15. SC- 15.02 Access to Work A. Buyer, Engineer, their consultants and other representatives and personnel of Buyer, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Seller shall provide them proper SUPPLEMENTARY CONDITIONS Project No. 1_81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-14 and safe conditions for such access and advise them of Seller's safety procedures and programs so that they may comply therewith as applicable. SC- 15.03 Tests and Inspections A. Seller shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Buyer shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 15.03.0 and 15.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 15.04.13 shall be paid as provided in Paragraph 15.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Seller shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Seller shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Buyer's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Seller's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Buyer and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Seller without written concurrence of Engineer, Seller shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 15.03.E shall be at Seller's expense unless Seller has given Engineer timely notice of Seller's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. SC- 15.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Seller's expense. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Seller, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Seller shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Buyer shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Buyer may make a Claim therefor as provided in Paragraph 9.06 of the General Conditions. SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-15 D. If the uncovered Work is not found to be defective, Seller shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Seller may make a Claim therefor as provided in Paragraph 9.06 of the General Conditions. SC- 15.05 Buyer May Stop the Work A. If the Work is defective, or Seller fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Buyer may order Seller to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Buyer to stop the Work shall not give rise to any duty on the part of Buyer to exercise this right for the benefit of Seller, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -15.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Seller shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). When correcting defective Work under the terms of this Paragraph 15.06 or Paragraph 15.07, Seller shall take no action that would void or otherwise impair Buyer's special warranty and guarantee, if any, on said Work. SC- 15.07 Correction Period A. If within one year after the date of Issuance of Final Payment (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Seller's use by Buyer or permitted by Laws and Regulations is found to be defective, Seller shall promptly, without cost to Buyer and in accordance with Buyer's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Buyer, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If Seller does not promptly comply with the terms of Buyer's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Buyer may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Seller. SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-16 C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 15.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Seller's obligations under this Paragraph 15.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 15.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. SC- 15.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Buyer (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Buyer may do so. Seller shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Buyer's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Seller pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Buyer shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Buyer may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Seller to Buyer. SC- 15.09 Buyer May Correct Defective Work A. If Seller fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 15.06.A, or if Seller fails to perform the Work in accordance with the Contract Documents, or if Seller fails to comply with any other provision of the Contract Documents, Buyer may, after seven days written notice to Seller, correct, or remedy any such deficiency. In exercising the rights and remedies under this Paragraph 15.09, Buyer shall proceed expeditiously. In connection with such corrective or remedial action, Buyer may exclude Seller from all or part of the Site, take possession of all or part of the Work and suspend Seller's services related thereto, take possession of Seller's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Buyer has paid Seller but which are stored elsewhere. Seller shall allow Buyer, Buyer's representatives, agents and employees, Buyer's other Sellers, and Engineer and Engineer's consultants access to the Site to enable Buyer to exercise the rights and remedies under this Paragraph. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Buyer in exercising the rights and remedies under this Paragraph 15.09 will be charged against Seller, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Buyer shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Buyer may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Seller's defective Work. SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-17 D. Seller shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Buyer of Buyer's rights and remedies under this Paragraph 15.09. END OF SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS Project No. 1-81317-08 (LETTING NO.8/PROJECT NO. 17-08) 00800-18 At GE Water & Process Technologies Clarifications GE's proposal is based on the following clarifications to the City of Hutchinson, MN Letting No. 8 - Project No. 17-08 UP17-08) Specifications for Wastewater Treatment Facility (WWTF) Membrane Bioreactor Cassette Replacements. Section Section 11350: 1.2.C.1 Section 11350 1.2.C.2 Standard Terms and Conditions of the Construction Contract- EJCDC C-700 Document 0801 - Supplementary Conditions to EJCDC C-700 General Conditions of the Construction Contract - 2007 Edition I SUPPLEMENTARY CONDITIONS Wording Clarification GE has provided documentation to demonstrate the Fecal Count = 0 capability of the ZW500D membrane regarding this requirement. GE's proposal does not include a guarantee regarding fecal count. Permeate BOD will be dependent on the appropriate BOD < 5 mg/L expanded design of the biological process and aeration, which is outside of GE's scope. GE's proposal does not include a guarantee regarding BOD. GE's proposal is based on the replacement Full section document with EJCDC P-700, serie as amended by GE. Full section GE's proposol assumes this document has been removed. GE's proposal is based on the inclusion of t supplementary conditions as outlined below. GE requests that the following Supplementary Conditions be included to amend the City of Hutchinson Specifications: Regarding Document 0500 - Contract Agreement Form Letting No. 8/Project No. 17-08: 1. Re opening pargaraph is Please revise "and of _ _ h.ereinal ter called the Contractor, witnesseth:" to read "and Zenon Environmental Corporation of ; ;ichigan hereinafter called the Supplier (of the Membrane Bioreactor Cassettes Rep!acer�ients, hereinafter the "Equipment"), witnesseth: 2. Re entire document: 1. Throughout this Contract Agreement Form, please change "Contractor" to "Supplier". 3. Re paragraph ii: 1. In the first sentence, please change "conn; action" to "equipment supply". 2. At the end of the first sentence please add ", or as otherwise ed in Supplier's Proposal as accepted by the City". 3. In the second sentence, after "Said plans" please add "and Supplier's Proposal". 4. Please revise paragraph iv to read as follows: Supplier shall deliver a!! Equipment to CITY CIP (Incoterms 2010) to City of Hutchins water Facility for unloading, storage for installation by City. Fnllowing inspection ipment during unloading, any non- conforming Equipment or Equipment damaqed duriny deliver; II be replaced with conforming Equipment by Supplier at Supplier's cost. ns < of loss to the Equipment shall a from Supplier to CITY at the point of pan handover and unloading by City. GE Water & Process Technologies Re ar in r Delay By CITY: The time for delivery of the Equipment to CITY shall be s �is Contract. Supplier's sole liability elay in delivery of the Equipment shall be as ex set out in this Contract. The place of delivery specified herein sha and fixed, provided may notify Supplier no later than forty- five 1451 days prior to the scheduled shipment date ui ment of an alternate point of delivery. CITY shall compensate Supplier for any additio in implementing the c If any part of the Equipment cannot be delivered when ready d y cause not attributable to Supplier, CITY shall e ' storage location, and Supplier p such Equipment to storage. Title and risk of loss shall thereupon pass to CI ounts a le to Supplier upon delivery or shipment shall be paid by CITY along with expenses incurred by Supplier. Re eliver Delay By Supplier: If CITY incurs damages solely attributable to delivery dela 'er, Supplier agreestop ated damages to CITY at the rate of $500 for each do i ares after the time specified in the Contract for deliver table Equipment. Suc i i a damages payable by Supplier shall constitute the CITY's sole and exclusive remedy for u plier in achieving completion of the Work within the time specified in the Contract Doc . upplier's obligation top i ' ated damages pursuant to this Contract shall be ' ' o an amount equal to ten percent (10%) of the Supplier's rice. Notwithstanding, S a have no liability to CITY under this Article if Supplier's delay causes no damages or loss Y. Re paragraph v: 1, a first and second sentences, please change "the work" to "delivery of the Equi 2. In the secon se lease change "per the Supplementary Conditi a Specifications, in accordance with the terms " to read "per paragraph ' mended herein". Then, at the end of the second sentence, delete "and in additi ' uidated damages, the Supplier agrees to pay all costs of the City's superintendence work durin ' elay" . 3. In the third sentence, I e ete "and in case of the failure of the Supp i rform this contract and complet ork at the time hereinafter specified, the City may immediately, or a me th er, proceed to complete the work at the cost and expense of the Supplier". Please delete the fourth sentence. 6. Re paragraph vi: Please rep ac ntence with the following: "All changes to theEquipmen s s all be subject to mutual agreement via a writtenc or variation, wh' ecome effective once signed by both Parties. The scope, Contract price, schedu er p ll be equitably adjusted to reflect additional costs or obligations in upplier resulting from a change, after Supp i I date, in CITY's site- s irements or procedures, or in industry specifications, codes, standards, applicable laws gdlaii�n. paragraph ix: Please add the o tier shall indemnify and hold harmless CITY from claims for ph si e o third party property or injury to persons, i eath, to the extent caused b ence of Supplier or its officers, agents, employees, and/or assigns while engaged in ac ' ' er t is Contract. In the event such damage or injury is caused by thejoint or con igence of Supplier and Cl hall be borne by each Party in proportion to' ' rice. For the purposes of this article (i) "Third party" shall not i insurer; and (ii) no portion of the Equipment is "third party property"." paragraph x: or Please rev' is paragraph to read as follows: "Supplier warrants that Equipment shall be delivere ram defects in materiaF, WefkQanship and title and that Services shall be performed in a compe iligent manner in accordance with any mutual y d specifications. Supplier's warranty does not the results of improper handling, storage, installation, operation intenance of the Equipmen TY or third parties, repairs or alterations made by CITY without Supplier's written ent, influ ater which does not comply with agreed parameters, or fair wear and tear. Supplier's sole respon ' i CITY's exclusive remedy arising out of or relating to the Equipment or Services or any breach of th arranties is limite air or (at Supplier's option) replacement of the defective item of E ' ent, and re -perform defective Service . oval of nonconforming Equipment, shipment and rein ion of repaired Equipment or installation of replaced Eq ' t and all associated costs are i y's responsibility. In performance of its obligations hereunder, Supplier wi ntrol the actual a ion of either CITY's systems or the Equipment at the CITY's site. Warranty repair„ replacement or re- mance by Supplier shall not extend or renew the applicable warranty period. The warranties and remedies I GE Water & Process Technologies et forth in this Contract are in lieu of and exclude all other warranties and remedies, statutory, expr r implied, inclu warranty of merchantability or of fitness for a particular purpose." 9. Re paragraph xi: 1. Please delete the fir_sT#er 2. In the third sentence, please "listing". Following the third sentence dd'fhe following statements. "Supplier agrees to extend its existing general liability ins ce coverage to CITY, but only in respec rk performed by or on behalf of the name red, Supplier, and only to the extent that the additional in s held liable for the Dogfig-e`nce or other culpability of Supplier. Coverage under Supplier's policy does no nd to liability arising out of the additional insured's own negligence." Please add a new paragraph xv with the heading "Suppliers Limit of Liability to City" that reads as follows: "Notwit ding anything else contained in the Contract, to the maximum extent permitted by law, and ardless of whether a c s based in contract (including warranty or indemnity), extra -contractual liabilit rt (including negligence or strict Iia ' ' I, statute, equity or any other legal theory: THE TOTAL LIABILITY OF THE SOPKtER AND OF ITS INSURER FOR ALL CLAIMS ARISING OF OR RELATING TO THE PERFORMANCE OR BREACH OF THE CO ACT OR USE OF ANY EQUIPMENT OR ICES SHALL NOT EXCEED THE TOTAL PRICE PAID BY CITY UNDER THE CONT IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY LOS PROF REVENUES, LOSS OF PRODUCTION, LOSS OF USE OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIP TERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF REPLACEMENT WATER OR POWER, DOWNTIME C INCREAS FRAYING COSTS, CLAIMS OF CITY'S CUSTOMERS FOR SUCH DAMAGES, OR FOR AN ECTAL, CONSEQUENTIAL, DENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES; SUPPLIER'S LIABILITY SHALL E PON EXPIRATION OF THE APPLICABLE MECHANICAL WA TY PERIOD, PROVIDED THAT CITY MAY CONTIN ENFORCE A CLAIM FOR WHICH IT HAS GIVEN NOTICE PRIOR TO THA TE BY COMMENCING AN ION OR ARBITRATION, AS APPLICABLE UNDER THE CONTRACT, BEFORE EXPIRATIO ANY STATUTE OF ITATIONS OR OTHER LEGAL TIME LIMITATION BUT IN NO EVENT -TO THE EXTENT PERMITTED B APPLI E LAW - LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD." HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Items for City Alley #36 Improvements Project (L13/P17-13) Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project letting at their July 11th meeting. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 19,250.00 Total City Cost: $ 9,625.00 Funding Source: Infrastructure Maintenance Remaining Cost: $ 9,625.00 Funding Source: Special Improvement Assessments RESOLUTION NO. 14727 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 13/PROJECT NO. 17-13 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: A certain petition requesting the following improvement: Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave SE to 6th Ave SE: Alley improvements by construction of pavement distress patching, milling, overlaying and appurtenances. Said Petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 2. The petition for proposed L13P17-13 is hereby referred to the Engineer for study and that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 13th day of June 2017. Mayor: Gary Forcier City Administrator: Matt Jaunich C February 27, 2017 Re: Alley Improvement — Alley #36 Dear Residents: City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 There has been an inquiry regarding improvements to the alley abutting your property. After initial feasibility work to determine project scope, a cost estimate for the improvement was done. The project considered includes patching distressed areas, milling the edges of the alley and paving about 1 %2" wear course bituminous (blacktop) pavement. This improvement would improve drainage and would likely provide many years of service to abutting properties. The project cost estimate is $19,250. Under the Assessment Policy, the City pays for one half of the project, or $9,625. The remaining $9,625 of the cost would be assessed, using an assessment rate of $5.53 per foot backing to the alley, with all properties participating equally. A 66 -foot lot abutting the alley would pay $366 in assessments for the improvement up front our about $80 per year over a 5 -year period, assuming 3% interest. Actual amounts assessed may be different, and would be based upon actual costs of the improvement. Also attached for your reference are excerpts from the City's Assessment Policy. The highlighted sections pertain to alley construction. This alley is not currently identified on the City's capital improvement plan. If the improvement is desired, a petition from local property owners would need to be be submitted to the City. If the petition were signed by all property owners, the project could be done without a hearing. If the petition is signed by at least 35%, or 9 property owners abutting the alley, a hearing for the project could be scheduled. I would be happy to answer any questions I can. Thanks, John Olson Public Works Manager (320) 234-4473 jolson e,ci.hutchinson.mn.us City of Hutchinson F1. FVFNTM AVF r.F yCenterline Map TrNT- A'.F r,F � Ika'clarlwr Ff 4Y TM ArF NF Ire e�m J.SE'r d TL.rrcrr'naUar ani that ll,eee citta and TaR>� flare beam C,SE31Hd e'q rij Y•1r3L-AffiarerrnrR'r:ream a,llra Y trrlb tMA Ire ttfrE 3rM aAY,YIfrl1G'.'a—&4 Cf�aocAllalL^r'.TrlEy'ly Q•Iryi W Ufrl; aVkl ne{xee arld 6.iNJLICI rr,f to cnru:lSnred K perHgralyar...Irdle. yapti'tl!Pt.Iiiwt Th. d.c vded Th. nafa is praNLlEcI •aar 1�^ wrLl r:o dalmmane ac in Its acaxJra�' ar la agorcptaEevlees to Its fYfErc7eIArae :9111-e Sara. It Ieily rEspa%bI ty ar Cas 6 d NCSRTI-I' sn6n'.i Safer to de aware e17,eG'elia'i ITnldlluc a'rm ['a :ItI,—tlx IYIam �cnyr+�Ie fraanrf�arxT U•a=Qna LArxr a3e'.�-hrao Tree�Ity arnhMrRm anrr,•Aees for F COrri->rma,!;OLd I'm,PlLiBI�+]ri'f(CI"5'iCa1. 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Ar'F riF r„ 2 83 n F.7N 5 61 68 �771 r ir, FOURTHrejuAIIH FOUR M %VF 1 1 „ 2 37 's. 4 5 6 � 6 ! 7 82 STH A•: r YY FIFrR AVF -:M' JLIF.RJ:FNS RN 'SW' 1„ IFTH AYF N FI AV S 4, In -JLI�J] Rrt,pR Sae 9 '4 rt e: Alley #36. Petition received ,1•:I ,� Avs sw 1 2 36 MARSO+v AYF 5w 1 for overlay project .s II J1fcF A rwf1 65 ` h SL)AiTRYIFW /111 FR AVF: SW MI FR A 4'N 3 41 FAIR AvF SF IFR3W'a r�, 5i 4 13 ' 1 2a■F!I £ry AYF SWVF r� 34 Ml� ti! Tmt t AkJRA AVF --dY u Yl.L".,Ge F A4<' K C- CRAWL. AVF SAY "I INTH AVF :W James Allen Brad Wick John & Valerie Sharstrom Catherine McGinnis 505 Main St S 505 Mason S 535 Main St S 545 Main St S 55 0 Hutch'nso , MN 55350 Hutchinson, MN 55350 Bryan Renkes Justin Rooney G' gory &Betty Jodzio Doublas Renkes 2775 1815` Ave NW 549Main St 555 Main St S Cedar, MN 55011-9321 n N 5350 Hutchinson Hutchinson, MN 55350 Re: 557 Main St S, Hutchinson, MN Amy Forcier Larry & Linda Heldt Harley & Barbara Rosebrock 565 Main St S 575 Main St S 585 Main St S Hutchinson, MN 55350 Hutchinson, MN 55350 Hutchinson, MN 55350 !Michelle Adam & Jessical Fink James & Erwin 591 Main St S 594 Main St S Hutchinson, MN 55350 Hutchinson, MN 55350 Chad Darnell Brian & Sharon Wilson Ronald & Denise Schmidt 504 Hassan St SE 516 Hassan St SE 526 Hassan St SE Hutchinson, MN 55350 Hutchinson, MN 55350 Hutchinson, MN 55350 Matthew Veseley Steven Kuehl Raymond Visher Kathryn Lindahl Kat a Kat 546 Hassan St SE 552 Hassan St SE Hassan SE Hutchinson, MN 55350 Hutchinson, MN 55350 Hutchinspn, M • �50 Jon & Judith Otteson Teresa Butler Eldonna Rettman 558 Hassan St SE 560 Hassan St SE 564 Hassan St SE Hutchinson,., M� 55350 Hutchinson, MN 55350 Hutchinson, MND 55350 1 �( Michiel & Patricia Docken 1240 Rolling Oaks Ln NW Emanuel Albrecht Alan & John Kock Hutchinson, MN 55350 576 Hassan St SE 586 Hassan St SE Hutchinson, MN 55350 Hutchinson, MN 55350 Re: 566 Hassan St SE, Hutchinson, MN Timothy & Lisa Ellefson 43-6 th Ave SE Hutchinson, MN 55350 0 l /12 y - J/4 HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center/111 Hassan St SE/Hutchinson MN 55350-2522/320-234-4209/FAX 320-234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor & City Council FROM: Kent Exner, DPW/City Engineer DATE: June 13, 2017 SUBJECT: Letting No. 13/Project No. 17-13 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L13/P17-13 City Alley #36 Improvements: bituminous milling/patching/surfacing and appurtenances. ESTIMATED COST TOTAL Construction Cost $19,250 Engineering $0 Administration $0 ESTIMATED TOTAL $19,250 ESTIMATED FUNDING TOTAL Assessable Costs $9,625 State Aid $0 Cit - Bonding $0 City - Stormwater Funds $0 Cit - Infrastructure Maintenance Funding $9,625 ESTIMATED TOTAL $19,250 RESOLUTION NO. 14728 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 13/PROJECT NO. 17-13 WHEREAS, pursuant to a resolution of the Council adopted June 13th 1027, a report has been prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed improvements: Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave SE to 6th Ave SE: Alley improvements by construction of pavement distress patching, milling, overlaying and appurtenances; and said report was received by the Council on June 13th 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement in accordance with the report at an estimated total cost of the improvement of $19,250.00. 2. A public hearing shall be held on such proposed improvements on the 11th day of July, 2017, in the Council Chambers of the Hutchinson City Center at 6:00 PM and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 13th day of June 2017. Mayor: Gary Forcier City Administrator: Matt Jaunich PUBLICATION NO. 8234 NOTICE OF HEARING ON IMPROVEMENT LETTING NO. 13 PROJECT NO. 17-13 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 11th day of July, 2017, to consider the making of an improvement of Letting No. 13/Project No. 17-13, an improvement of: Alley #36 located between Main St S & Hassan St SE, approximately 869 LF from 5th Ave SE to 6th Ave SE: Alley improvements by construction of pavement distress patching, milling, overlaying and appurtenances pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated City cost of said improvement is $9,625.00 and an Assessable cost of $9,625.00 for the total estimated cost of $19,250.00 A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 06/13/2017 Matt Jaunich, City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, JUNE 28TH 2017 AND WEDNESDAY, JULY 5TH 2017. CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date ----- ------------- 05/19/2017 ----------- Check -------- 196417 Vendor Name ------------------------------------------------------- -- SYSCO WESTERN MN Description Amount ------------------------------------------------------------------------ ------------------- MANITOWOC 522 ICE CUBE MACHINE & WORK TABLE 4,513.16 05/26/2017 196418 MNPEA 5/7/17-5/20/17 PAYROLL 624.00 05/26/2017 196419 UNUM LIFE INSURANCE COMPANY OF AMERICA 5/7/17-5/20/17 PAYROLL 993.63 05/26/2017 196420 HART 5/7/17-5/20/17 PAYROLL 662.21 05/26/2017 EFT468 EFTPS 5/7/17-5/20/17 PAYROLL 67,211.43 05/26/2017 EFT469 AFLAC 5/7/17-5/20/17 PAYROLL 170.41 05/26/2017 EFT470 Minnesota Dept. of Revenue 5/7/17-5/20/17 PAYROLL 12,789.74 05/26/2017 EFT471 PERA 5/7/17-5/20/17 PAYROLL 50,058.11 05/26/2017 EFT472 TASC-Flex 5/7/17-5/20/17 PAYROLL 1,886.76 05/26/2017 EFT473 TASC-HSA 5/7/17-5/20/17 PAYROLL 12,459.84 05/26/2017 EFT474 ICMA 5/7/17-5/20/17 PAYROLL 1,958.92 05/26/2017 EFT475 VOYA 5/7/17-5/20/17 PAYROLL 990.00 05/26/2017 EFT476 MNDCP 5/7/17-5/20/17 PAYROLL 305.00 05/31/2017 196421 HUTCHINSON, CITY OF CASH DRAWER START UP CASH -AQUATIC CENTER 1,000.00 06/09/2017 196422 NCPERS 5/21/17-6/03/17 PAYROLL 336.00 06/09/2017 196423 HART 5/21/17-6/03/17 PAYROLL 663.87 06/09/2017 EFT477 EFTPS 5/21/17-6/03/17 PAYROLL 73,318.42 06/09/2017 EFT478 Aflac 5/21/17-6/03/17 PAYROLL 170.41 06/09/2017 EFT479 MN Dept of Revenue 5/21/17-6/03/17 PAYROLL 13,594.71 06/09/2017 EFT480 PERA 5/21/17-6/03/17 PAYROLL 47,661.79 06/09/2017 EFT481 TASC-Flex 5/21/17-6/03/17 PAYROLL 1,886.76 06/09/2017 EFT482 TASC-H S A 5/21/17-6/03/17 PAYROLL 12,306.00 06/09/2017 EFT483 ICMA 5/21/17-6/03/17 PAYROLL 2,322.40 06/09/2017 EFT484 VOYA 5/21/17-6/03/17 PAYROLL 990.00 06/09/2017 EFT485 MNDCP 5/21/17-6/03/17 PAYROLL 305.00 06/13/2017 196424 A.M. LEONARD INC ENERGY TREES 561.22 06/13/2017 196425 ABM EQUIPMENT & SUPPLY CHAINSAW, INSTALL COVER OVER HYDDRULIC L 851.71 06/13/2017 196426 ACE HARDWARE VARIOUS REPAIR & MAINTENANCE SUPPLIES 1,107.12 06/13/2017 196427 VOID - 06/13/2017 196428 VOID 06/13/2017 196429 ALEXANDRIA TECHNICAL COLLEGE ALEX STATE FIRE EMS RESCUE SCHOOL -P JESERITZ 135.00 06/13/2017 196430 ALLIED PRODUCTS 4X6 MINNESOTA NYLON FLAG, POW MIA, US 165.92 06/13/2017 196431 ALPHA WIRELESS MAINT ON CONSOLE & FIXED TRANSMITTERS 3,923.19 06/13/2017 196432 AMERICAN BOTTLING CO MAY COST OF GOODS - LIQUOR 386.96 06/13/2017 196433 AMERIPRIDE SERVICES TOWEL BAR, MOPS, MATS 200.62 06/13/2017 196434 ARCTIC GLACIER USA INC. ICE - LIQUOR STORE 1,113.65 06/13/2017 196435 ARNESON DISTRIBUTING CO MAY COST OF GOODS - LIQUOR 1,351.30 06/13/2017 196436 ARTISAN BEER COMPANY MAY COST OF GOODS - LIQUOR 2,085.35 06/13/2017 196437 ASPEN MILLS UNIFORMS- EB PANT POLY/COTTEN EMT NAVY 745.90 06/13/2017 196438 ATLAS OUTFITTERS MUSTANG SURVIVAL ICE COMMANDER REPAIR 317.25 06/13/2017 196439 AUTO VALUE - GLENCOE VARIOUS AUTO MAINTENANCE SUPPLIES 242.68 06/13/2017 196440 B & C PLUMBING & HEATING INC VARIOUS PLUMBING REPAIR WORK 3,203.25 06/13/2017 196441 BACHMAN'S ENERGY TREES- MAPLE ROYAL RED 588.50 06/13/2017 196442 BAILEY NURSERIES INC SUN VALLEY MAPLE,FALL FIESTA SUGAR,NORTH 6,421.54 06/13/2017 196443 BARGEN INC CRACKFILL- DIVISION, MILWAUKEE, MILLER, 92,215.55 06/13/2017 196444 BELLBOY CORP MAY COST OF GOODS - LIQUOR 3,267.04 06/13/2017 196445 BERNICK'S MAY COST OF GOODS - LIQUOR 550.40 06/13/2017 196446 BETTER HALF EMBROIDERY EMBROIDERED PULLOVERS WITH CITY LOGO 105.96 06/13/2017 196447 BFG SUPPLY CO QP ETHEPHON 177.16 06/13/2017 196448 BLACKBIRD, CHASE REIMBURSE SAFETY FOOTWEAR 175.00 06/13/2017 196449 BRADFORD LAW OFFICE REFUND OVERPAYMENT OF HAAG EDA LOAN PAYOUT 576.80 06/13/2017 196450 BRANDON TIRE CO DISMOUNT & MOUNT -JD WHAM MOWER #295 172.50 06/13/2017 196451 BREAKTHRU BEVERAGE MAY COST OF GOODS - LIQUOR 11,639.10 06/13/2017 196452 BROTHERS FIRE PROTECTION COMPANY 2017 ANNUAL ALARM INSPECTION - WATER & SEWER 665.00 06/13/2017 196453 BRY-AIR DESICCANT, DRYGEL PLUS 200 3,368.42 06/13/2017 196454 BUFFALO CREEK ENTERPRISES MARGARITA SALT 69.36 06/13/2017 196455 BUSHMAN, RAQUEL WEBSTAURANTSTORE- CONCESSIONS REIMB 265.69 06/13/2017 196456 BUSINESSWARE SOLUTIONS MAY Cost per Print 1,867.19 06/13/2017 196457 C & L DISTRIBUTING MAY COST OF GOODS - LIQUOR 75,240.63 06/13/2017 196458 CANNON RIVER WINERY MAY COST OF GOODS - LIQUOR 432.00 06/13/2017 196459 CENTRAL APPLICATORS INC TREE PRUNING, DITCH TREE REMOVAL ON DALE 2,565.00 06/13/2017 196460 CENTRAL HYDRAULICS FEMALE JIC 37 SWIVEL, HOSE 84.43 06/13/2017 196461 CENTRAL MCGOWAN CYLINDER MAINT FEE 329.65 06/13/2017 196462 CENTRAL TURF & IRRIGATION SUPPLY SPRAY NOZZLE, WILK PVB, PROTURF 1,685.85 06/13/2017 196463 COLD SPRING GRANITE CO NS -3 COMP NICHE PLAQUE- L & L KLITZKE 237.00 06/13/2017 1196464 1 COMDATA CORPORATION MISC PURCH - CASH WISE 321.08 CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date ------------------ 06/13/2017 Check ------------------- 196465 Vendor Name --------------------------------------------------------- CREEKSIDE SOILS Description Amount ----------------- ------------------------------------------------------- ------------------- 50/50 COMPOST BLACK DIRT 31.00 06/13/2017 196466 CROW RIVER AUTO & TRUCK REPAIR AIR CONDITIONER SERVICE- 2014 CHEV CAPRICE 913.69 06/13/2017 196468 CROW RIVER OFFICIALS ASSN YOUTH SOCCER, UMPIRES FEES, TOURNAMENTS 15,895.00 06/13/2017 196469 CROW RIVER PRESS INC WINDOW #10 ENVELOPES FOR AP DISBURSEMENTS 1,141.64 06/13/2017 196470 CROW RIVER WINERY MAY COST OF GOODS - LIQUOR 940.21 06/13/2017 196471 DRAIN PROS INC CLEAN OUT KITCHEN DRAIN - SENIOR DINING 145.00 06/13/2017 196472 DROP -N -GO SHIPPING INC APRIL -MAY POSTAGE/MAILING SERVICES 1,745.74 06/13/2017 196473 DUNDEE SITE BEAUTIFICATION 42.32 06/13/2017 196474 DVS RENEWAL PD TABS- 2014 CHEVY#3205, 2014 CHEVY #24 10.00 06/13/2017 196475 DYNA SYSTEMS DYNA-BRAKE CLEANER, NUSS SS HEX 200.07 06/13/2017 196476 E2 ELECTRICAL SERVICES INC WIRE HOIST HATS BUILDING 813.20 06/13/2017 196477 EBERT CONSTRUCTION HUTCHINSON ENTERPRISE CENTER PAY REQUEST#2 348,222.50 06/13/2017 196478 EMPLOYMENT RESOURCE CENTER TEMPORARY STAFFING -COMPOST & REFUSE 1,834.38 06/13/2017 196479 ENVIRONMENTAL RESOURCE ASSOC WASTE WATER COLIFORMS, COMPLEX NUTRIENTS 586.24 06/13/2017 196480 FASTENALCOMPANY VARIOUS REPAIR & MAINTENANCE SUPPLIES 1,008.00 06/13/2017 196481 FEDERAL SIGNAL CORP 2 -WAY DIGITAL FSK & DTMF ENCODER, DIGITA 8,950.00 06/13/2017 196482 FINANCE & COMMERCE SUBSCRIPTION- K.EXNER 539.73 06/13/2017 196483 FIRE SAFETY USA INC BULLARD BOURKE EYESHIELD FOR UST- FIRE 165.00 06/13/2017 196484 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE FOR HATS FACILITY 228.00 06/13/2017 196485 FIRST WITNESS CHILD ADVOCACY CENTER SACAC 2017 CONFERENCE -A. NORTROM 150.00 06/13/2017 196486 FOKKEN, KYLE 2017 -ARTWORK LEASE 1,000.00 06/13/2017 196487 FOREST EDGE WINERY MAY COST OF GOODS - LIQUOR 117.00 06/13/2017 196488 FORESTRY SUPPLIERS INC PISTON ASSEMBLY OF 85130 23.87 06/13/2017 196489 FRED HOLASEK & SON INC PLANTS/FLOWERS ORDER 2,639.37 06/13/2017 196490 G & K SERVICES COVERALLS, TOWELS, MATS & MOPS 251.87 06/13/2017 196491 GAVIN WINTERS DONLEY & OSTLUND LTD FLAT FEE LEGAL AGREEMENT -JAN 3,300.00 06/13/2017 196492 GEORGE QUAST & G & J CANVAS SIGN & AWNING GRANT- EDA DOWNTOWN LOAN FUND 1,000.00 06/13/2017 196493 GOODPOINTE TECHNOLOGY PAVEMENT CONDITION SURVEY- STREETS,TRAI 2,820.00 06/13/2017 196494 GRANITE ELECTRONICS RADIOS, PAGERS & BATTERIES 1,121.25 06/13/2017 196495 HAGER JEWELRY INC. D. EBERT RETIREMENT GIFT 94.50 06/13/2017 196496 HAMRE, AUSTIN INSTALL LARGE SIGN, INSTALL LETTERS 1,150.00 06/13/2017 196497 HAWKINS INC WATERPARK POOL CHEMICALS 5,103.35 06/13/2017 196498 HENRY'S WATERWORKS INC UPM 3.0 SPRING/COLD PATCH 837.20 06/13/2017 196499 HENRYS FOODS INC WATERPARK CONCESSION SUPPLIES 388.09 06/13/2017 196500 HILLYARD/HUTCHINSON VARIOUS JANITORIAL SUPPLIES 1,108.50 06/13/2017 196501 HOEFT, RACHELLE REIMBURSE FOR DOUBLE -CHARGE ON CAMP & SWIM 105.00 06/13/2017 196502 HOLT MOTORS INC PARKS DEPT F150 (2 QTY) PER FLEET PLAN 40,357.18 06/13/2017 196503 HOVEN, MARTHA MAY COST OF GOODS - LIQUOR 115.50 06/13/2017 196504 HP INC WATERPARK CONCESSIONS #3- HP ELITE DESK 800 606.77 06/13/2017 196505 HRA CITY HOME IMPR LOAN -TIF- B. SCHWARZROCK 939.30 06/13/2017 196506 HRA CITY HOME IMPROVEMENT LOAN -TIF- B. SCHWA 193.00 06/13/2017 196507 HRA PAUKERT PAYMENT TO HRA 29,242.00 06/13/2017 196508 HUTCHFIELD SERVICES INC COMMERCIAL JANITORIAL - JUNE 1,415.00 06/13/2017 196509 HUTCHINSON CO-OP 34# FORKLIFT LP GAS - CREEKSIDE 3,896.65 06/13/2017 196510 HUTCHINSON CONVENTION & VISITORS BU MARCH 2017 LODGING TAX 6,800.06 06/13/2017 196511 HUTCHINSON GIRL'S SOFTBALL ASSOCIAT FEES REIMB FROM 2017 REGISTRATION 9,855.00 06/13/2017 196512 HUTCHINSON HEALTH CARE JUNE COMMON AREA MAINTENANCE CHARGE 2,277.99 06/13/2017 196513 HUTCHINSON JUNIOR LEAGUE BB REIMB OF BASEBALL REGISTRATION FEES 52,373.00 06/13/2017 196514 HUTCHINSON LEADER MAY ADVERTISING / PUBLICATIONS 2,817.80 06/13/2017 196515 HUTCHINSON SENIOR ADVISORY BOARD TOUR REIMBURSEMENT-3/27/17-GORECKI DINI 1,219.05 06/13/2017 196516 HUTCHINSON UNITED SOCCER ASSN. REIMB OF FEES COLLECTED LESS FIELD USAGE 5,520.00 06/13/2017 196517 HUTCHINSON UTILITIES 1ST QTR BILLING FOR GIS SERVICES - B. FITZPATRICK 6,065.13 06/13/2017 1196518 HUTCHINSON WHOLESALE VARIOUS AUTO MAINTENANCE SUPPLIES 728.33 06/13/2017 196519 HUTCHINSON, CITY OF WATER & SEWER SERVICE 4/1/17-4/30/17 894.57 06/13/2017 196520 HUTCHINSON, CITY OF CITY HOME IMPROVEMENT LOAN -TIF- B.SCHWAR 500.00 06/13/2017 196521 IDEAL SERVICE INC PREVENTATIVE MAINTON WATERVFD'S 682.50 06/13/2017 196522 INNOTEK CORPORATION SPARE SPINNER MOTOR 209.82 06/13/2017 196523 INNOVATIVE FOAM EXTERIOR SIGN FOR CITY AQUATIC CENTER 4,288.57 06/13/2017 196524 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES BSL0905, DRY0070 492.65 06/13/2017 196525 INTOXIMETERS INC MOUTHPIECE ASIV OR ECIR- POLICE 95.00 06/13/2017 196526 IOWA DEPT OF AGRICULTURE LICENSE RENEWAL 2017 - CREEKSIDE 10.00 06/13/2017 196527 J & J DUST CONTROL DUST CONTROL OF LES KOUBA PKWY/ ALLEYS 3,300.00 06/13/2017 196528 J & R AUTO & RADIATOR 20 TENN SWEEPER MODLE 533 -RADIATOR CORE 766.42 06/13/2017 196529 JACK'S UNIFORMS & EQUIPMENT SAFARILAND HOLSTER BELT CLIPS, LEG SHROUD 164.49 06/13/2017 196530 JACOBSEN, SEPTEMBER ADAPTIVE REC BOWLING MEDALS 136.02 06/13/2017 1196531 IJESERITZ, PAUL IALEXANDRIA FIRE SCHOOL 180.37 CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date ------------------ 06/13/2017 Check ------------------- 196532 Vendor Name --------------------------------------------------------- JJ TAYLOR DIST OF MN Description Amount ------------------------------------------------------------------------ ------------------- MAY COST OF GOODS - LIQUOR 10,835.70 06/13/2017 196533 JOES SPORT SHOP T SHIRTS -VARIED COLORS & SIZES PRINTED FRONT/BACK 1,812.50 06/13/2017 196534 JOHNSON BROTHERS LIQUOR CO. MAY COST OF GOODS - LIQUOR 30,418.07 06/13/2017 196535 JORDAHL, JIM 5/16/17 ADAPTED REC DANCE 200.00 06/13/2017 196536 JOURNAL COMMUNICATIONS COLOR FULL PAGE PREMIUM - EDA ADVERTISING 5,995.00 06/13/2017 196537 JUUL CONTRACTING CO VARIOUS CONTRACTED REPAIRS 45,349.70 06/13/2017 196538 KAHNKE BROTHERS NURSERY TREE & SHRUB PURCHASES 1,863.50 06/13/2017 196539 KDUZ KARP RADIO MAY ADVERTISING - POLICE & LIQUOR 1,113.50 06/13/2017 196540 KERI'SCLEANING MAY CLEANING 3,444.00 06/13/2017 196541 KRANZ LAWN & POWER MOWER REPAIR SUPPLIES 428.96 06/13/2017 196542 L & P SUPPLY CO 1"X16.4' SUCTION H, STRAINER -AIRPORT 120.56 06/13/2017 196543 LAW OFFICE OF JOE PEZZUTO WAGE GARNISHMENT 5.46 06/13/2017 196544 LEAGUE OF MN CITIES -INS TRUST ADD'L LIAB INS FOR ACE HARDWARE SALES - CREEKSIDE 690.00 06/13/2017 196545 LEWIS, DALE 2017 SCULPTURE WALK -REGENERATION 1,000.00 06/13/2017 196546 LIEN, MIKE LEAGUE OF MN CITIES WORKSHOP, MN SAFETY 94.31 06/13/2017 196547 LITIN PAPER COMPANY LATCH, GATE TOP PLATE, R&D BOTTOM 892.32 06/13/2017 196548 LOCHER BROTHERS INC MAY COST OF GOODS - LIQUOR 36,230.80 06/13/2017 196549 LOE'S OIL COMPANY 55 GAL DRUM UNCRUSHED OIL FILTERS, ABSOR 507.50 06/13/2017 196550 LOGIS MONTHLY NETWORK & APPLICATION COSTS 8,937.50 06/13/2017 196551 LYNDE & MCLEOD INC. COMPOST SALES 1,074.97 06/13/2017 196552 M -R SIGN 28" CONE W/2 CONE COLLARS & RETIREMENT SIGNS 2,006.10 06/13/2017 196553 MARSHALL CONCRETE PRODUCTS ELKS PLAYGROUND- RECYCLED BASE 424.00 06/13/2017 196554 MCKAY, JEFF FIRE SCHOOL -COON RAPIDS 149.61 06/13/2017 196555 MCKIMM MILK TRANSIT FREIGHT ALL KINDS: CREEKSIDE- BFG SUPPL 235.00 06/13/2017 196556 MCLEOD COOP POWER ASSN ELECTRIC CONNECTION 429 GRANT AVE SE- PB 800.00 06/13/2017 196557 MCLEOD COUNTY COURT ADMINISTRATOR BAIL -M. CAMPBELL 400.00 06/13/2017 196558 MCLEOD COUNTY COURT ADMINISTRATOR BAIL -M. CAMPBELL 300.00 06/13/2017 196559 MCLEOD COUNTY COURT ADMINISTRATOR BAIL - A.FOSTERVOLD 150.00 06/13/2017 196560 MCMA M. JAUNICH- MCMA MEMBERSHIP 5/2017-4/201 137.57 06/13/2017 196561 MED COMPASS SCBA USER- MEDICAL EXAM- 32 FIREFIGHTERS 2,100.00 06/13/2017 196562 MEEKER WASHED SAND & GRAVEL 4.03 - SAND 694.48 06/13/2017 196563 MEI TOTAL ELEVATOR SOLUTIONS SAND ORDERS 366.66 06/13/2017 196564 MENARDS HUTCHINSON VARIOUS REPAIR & MAINTENANCE SUPPLIES 3,833.88 06/13/2017 196565 MESSAGE MEDIA MONTHLY ACCESS FEE -JUNE 30.00 06/13/2017 196566 MIDWEST PLAYSCAPES INC. PLAYGROUND SYSTEMS PLAYSTRUCTURE - ROTARY PARK 3,450.00 06/13/2017 196567 MINNEAPOLIS, CITY OF APS TRANSACTION FEES FOR APRIL 62.10 06/13/2017 196568 MINNESOTA CHIEFS OF POLICE A. NORTROM -OFFICER LEADERSHIP DEVELOPME 220.00 06/13/2017 196569 MINNESOTA DEPT OF HEALTH WATER STATE TESTING FEE 7,597.00 06/13/2017 196570 MINNESOTA DEPT OF HEALTH WATER LICENSE RENEWAL- CLASS B #2875- RI 23.00 06/13/2017 196571 MINNESOTA DEPT OF HEALTH NEW ESTABLISHMENT -2017 EVENT FOOD STAND 85.00 06/13/2017 196572 MINNESOTA DEPT OF HEALTH #6007- ROBERTS PARK CONCESSIONS 305.00 06/13/2017 196573 MINNESOTA DEPT OF MOTOR VEHICLE TITLE & REG 2017 FORD F150 PARKS DEPT 1,341.95 06/13/2017 196574 MINNESOTA DEPT OF MOTOR VEHICLE TITLE & REG 2017 FORD F150 PARKS DEPT 1,341.95 06/13/2017 196575 MINNESOTA RURAL WATER ASSN MEMBERSHIP REG 7/18/17-C. FRANEK, J. BR 250.00 06/13/2017 196576 MINNESOTA VALLEY TESTING LAB BOD, PHOSPHORUS 1,402.80 06/13/2017 196577 MYLLYKANGAS, TINA HJLB MAJORS BASEBALL REFUND 116.00 06/13/2017 196578 NEOPOST USA INC ANNUAL MAINT FEE ON ENVELOPE STUFFIER AT C.C. 757.12 06/13/2017 196579 NICHOLAS LEGEROS INC. 2017 SCULPTURE STROLL -DREAMS TAKE FLIGHT 1,000.00 06/13/2017 196580 NICKLASSON ATHLETIC COMPANY BRINE SIZE 4 235.40 06/13/2017 196581 NORTHERN BUSINESS PRODUCTS VARIOUS OFFICE SUPPLIES 184.02 06/13/2017 196582 NORTHERN SAFETY TECHNOLOGY LINZV-SERIES LIGHT 272.60 06/13/2017 196583 NORTHERN STATES SUPPLY INC M18 FUEL SAWZALL KIT 199.99 06/13/2017 196584 NORTHLAND CHEMICAL CORP FORMULA 1 WASH & WAX 179.64 06/13/2017 196585 NSF+MSF TEAM MEMBERSHIP MENS SLOW PITCH MEMBERSHIP FEE 200.00 06/13/2017 196586 NU -TELECOM JUNE PHONE SERVICE 4,222.69 06/13/2017 196587 O'REILLYAUTO PARTS VARIOUS AUTO MAINTENANCE SUPPLIES 13.87 06/13/2017 196588 OFFICE DEPOT VARIOUS OFFICE SUPPLIES 131.27 06/13/2017 196589 OFFICE OF MN IT SERVICES APRIL SERVICES - DMV OFFICE 110.19 06/13/2017 196591 PAULSON, JOHN ENVIRONMENTAL INITIATIVE AWARDS TRAVEL 74.90 06/13/2017 196592 PAUSTIS WINE COMPANY MAY COST OF GOODS - LIQUOR 2,576.27 06/13/2017 196593 PEAT INC. SPHAGNUM COARSE & FINE - CREEKSIDE INVENTORY 4,203.00 06/13/2017 196594 PELLINEN LAND SURVEYING BLOCK MEASURMENTS- 60 SOUTH HALF- MORTEN 825.00 06/13/2017 196595 PEOPLEREADY INC TEMPORARY STAFFING -COMPOST & REFUSE 5,384.46 06/13/2017 196596 PERFECTION PACKAGING INC SUNFLOWER SEEDS, PEANUTS 373.80 06/13/2017 196597 PETERSON, CAROL HJLB BASEBALL REFUND OF FEES 260.00 06/13/2017 196598 1 PETERSON, TIM FIREFIGHTER TRAVEL FOR TRAINING 279.71 CHECK REGISTER A-FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date ------------------ 06/13/2017 Check ------------------- 196599 Vendor Name --------------------------------------------------------- PHILLIPS WINE & SPIRITS Description Amount ------------------------------------------------------------------------ ------------------- MAY COST OF GOODS - LIQUOR 48,402.52 06/13/2017 196600 PIONEER MANUFACTURING CO LACROSSE FIELD PAINT-BRITE STRIPE ORANGE 440.00 06/13/2017 196601 PIONEERLAND LIBRARY SYSTEM 2ND QTR REQUEST-2017 LIBRARY FUNDING 41,660.50 06/13/2017 196602 PMC MONTHLY REBATE PROCESS-CREEKSIDE SALES 2,285.24 06/13/2017 196603 POSGUYS.COM CASH DRAWERS & RECEIPT PRINTERS - WATERPARK 4,422.00 06/13/2017 196604 POST BOARD POST LICENSE RENEWALS - 6 OFFICERS 540.00 06/13/2017 196605 PRO AUTO MN INC. 2013 DODGE DURANGO- CHECK BRAKE METAL 69.61 06/13/2017 196606 QUADE ELECTRIC F017 741 LAMP 57.25 06/13/2017 196607 QUALITY FLOW SYSTEMS REPLACEMENT MBR PERMEATE PUMP 19,960.00 06/13/2017 196608 QUALITY SALES & SERVICE INC REPLACED FLOAT VALVE ON WASHER 190.00 06/13/2017 196609 QUILL CORP VARIOUS SUPPLIES FOR THE WATERPARK OFFICE 777.01 06/13/2017 196610 R & R EXCAVATING 1_21317-02 #1 90,154.58 06/13/2017 196611 R & R EXCAVATING 1_11317-01 #3 12,052.51 06/13/2017 196612 RDO EQUIPMENTCO. RENEW JDLINK-LOADER CREEKSIDE 500.00 06/13/2017 196613 RECREONICS DRAIN EASY FANNY PACK WITH TOP STRAPS 718.14 06/13/2017 196614 REINER ENTERPRISES INC LOADS 5/15-5/18 - CREEKSIDE PRODUCT DELIVERY 3,503.98 06/13/2017 196615 RJO CORPORATE SCREEN PRINTED T SHIRTS 1,918.08 06/13/2017 196616 ROEPKE, NORINE UB refund for account: 2-700-5550-6-01 34.04 06/13/2017 196617 ROYAL TIRE CR C560478 29/12.5 15/E MULTI TRAC 445.50 06/13/2017 196618 RUNNING'S SUPPLY VARIOUS REPAIR & MAINTENANCE SUPPLIES 766.90 06/13/2017 196619 SARGENT, DAN MOORHEAD FIRE SCHOOL 71.72 06/13/2017 196620 SCARCELY LTD CITY HOME IMPROVEMENT-TIF- B. SCHWARZROC 250.00 06/13/2017 196621 SCHIMMEL CONSTRUCTION LLC CITY HOME IMPROV LOAN-TIF- B. SCHWARZROC 300.00 06/13/2017 196622 SCHINTZ, ALEC SAFETY FOOTWEAR REIMBURSEMENT 154.99 06/13/2017 196623 SCHOOL DIST # 423 APRIL ACTIVITIES 10,507.00 06/13/2017 196624 SCHULTE, JOSH FIRE SCHOOL 62.40 06/13/2017 196625 SCOTT COUNTY SHERIFF'S OFFICE STATE VS N. O'DELL- COURT FILE#43CR16190 70.00 06/13/2017 196626 SEBORA, MARC COURT, CERTIFIED COPY OF EXSTED DETACHME 121.67 06/13/2017 196627 SEH HUTCH HOTEL/TH7 FRONTAGE ROAD 2,230.50 06/13/2017 196628 SHAKOPEE, CITY OF SOUTHWEST METRO DRUG TASK FORCE 2017 MEM 4,200.00 06/13/2017 196629 SIERRALTA, ALONSO 2017 SCULPTURE STROLL- STIPEND 1,000.00 06/13/2017 196630 SIMONSON LUMBER CO MINI SHELTERS-ANGLE TRIM, SCREW FASTENE 95.40 06/13/2017 196631 SKYVIEW DAIRY INC JUNE 2017 COMPOST IN YARDS 4,716.72 06/13/2017 196632 SMALL LOT MN MAY COST OF GOODS - LIQUOR 641.76 06/13/2017 196633 SORENSEN'S SALES & RENTALS ELKS PARK TILE-TORO TRENCHER RENTAL 125.00 06/13/2017 196634 SOUTHERN WINE & SPIRITS OF MN MAY COST OF GOODS - LIQUOR 17,498.37 06/13/2017 196635 SPICZKA, SAM 2017 SCULPTURE STROLL- SEED 1,000.00 06/13/2017 196636 SPRING LAKE ENGINEERING LIFT STATION CONTROLS- PROGRAMMING 7,297.79 06/13/2017 196637 SPS COMMERCE INC LASER LABEL STOCK 242.68 06/13/2017 196638 STANDARD PRINTING THERMAL ROLLS FOR CREDIT CARDS 23.40 06/13/2017 196639 STAPLES ADVANTAGE VARIOUS OFFICE SUPPLIES 939.48 06/13/2017 196640 STAR TRIBUNE 6/2017-6/2018 SUBSCRIPTION 169.00 06/13/2017 196641 STARKE, HANNAH SAFETY FOOTWEAR/SEASONAL & TEMP- 3 YEARS 94.99 06/13/2017 196642 STONY CREEK LANDSCAPES 2017 SCULPTURE STROLL- PUFF 1,000.00 06/13/2017 196643 STRATEGIC EQUIPMENTAND SUPPLY CUPS, LIDS - LIQUOR STORE 243.02 06/13/2017 196644 STRATEGOS INTERNATIONAL LLC PREVAIL PREMIUM DVD/USB TRAINING MODULE 3,495.00 06/13/2017 196645 STREICH TRUCKING LOADS- LYNDE TO CREEKSIDE- 5/16-6/1/17 1,781.25 06/13/2017 196646 STREICHERS DISTRACTION DEVICE - POLICE 1,075.07 06/13/2017 196647 STURGES, JASON STATE FIRE SCHOOL ROCHESTER 191.58 06/13/2017 196648 TASC 7/1/17-9/30/17 HSA Adm. Fees 1,301.80 06/13/2017 196649 TEK MECHANICAL MCLEOD VETS PARK-CONCEALED FLUSHOMETER, 688.57 06/13/2017 196650 TESSMAN COMPANY CLAY RED 50# - PARKS DEPT 272.20 06/13/2017 196651 THOMSON REUTERS-WEST DISCOUNT PLAN CHARGES - LEGAL 436.34 06/13/2017 196652 TITAN MACHINERY PERFORM 5000 HOUR SERVICE -CREEKSIDE LOADER 3,372.28 06/13/2017 196653 TOWMASTER INC. FALLS SPINNER 243.63 06/13/2017 196654 TRI COUNTY WATER RENTAL WATER COOLER 24.00 06/13/2017 196655 TWO WAY COMMUNICATIONS INC LAIRD UHF FLEX ANTENNA 83.35 06/13/2017 196656 ULINE HANDS FREE RECEPTACLE, 35 GAL RECYCLING - WATERPK 3,282.20 06/13/2017 196657 UNITED PACKAGING & DESIGN 74" X1500X.0015 UVI BLACK PE -CREEKSIDE BAGFILM 11,442.00 06/13/2017 196658 UNIVERSAL ATHLETIC SERVICE INC VFW BASKETBALL BACKBOARDS-FAN FIBERGLASS 930.00 06/13/2017 196659 URBAN SPRITE MEDIA :15 RADIO SPOTS INSIDE GARDEN BITE - CREEKSIDE 1,500.00 06/13/2017 196660 US BANK EQUIPMENT FINANCE COPIER CONTRACT ALLOWANCE 5/20-6/20/17 409.88 06/13/2017 196661 USA BLUE BOOK BACK PRESSURE VALVE 187.83 06/13/2017 196662 VERIZON WIRELESS APR03'17-MAY02'17 USAGE 3,362.33 06/13/2017 196663 VESSCO INC HOSE CLAMP, HOSELUBE, SHIM BREDEL 243.41 06/13/2017 196664 VIKING BEER MAY COST OF GOODS - LIQUOR 27,163.25 CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date ------------------ 06/13/2017 Check ------------------- 196665 Vendor Name --------------------------------------------------------- VIKING COCA COLA Description ----------------- ------------------------------------------------------- WATER, SODAS, BEVERAGES - RECREATION / LIQUOR Amount ------------------- 1,819.90 06/13/2017 196666 VIKING SIGN & GRAPHICS INC ALUM SIGNS- HOURS, NO PARKING, EDINA REA 1,055.00 06/13/2017 196667 VILT, FLETCHER SAFETY FOOTWEAR/SEASONAL & TEMP- 3 YEARS 159.99 06/13/2017 196668 VINOCOPIA INC MAY COST OF GOODS - LIQUOR 1,217.21 06/13/2017 196669 VIVID IMAGE ANNUAL FEES & WEBSITE PROGRAMMING VOUCHERS 6,240.00 06/13/2017 196670 WAL-MART COMMUNITY WATER, ZIP WAX CAR WAX, RELION PLSE OXIM 112.84 06/13/2017 196671 WANGEN, ERIC EASEMENT ACCESS- PROSPECT ST, HWY7/HWY15 2,001.00 06/13/2017 196672 WASTE MANAGEMENTOF WI -MN 5/1-5/15/17 DISPOSAL FEES 6,198.75 06/13/2017 196673 WCCO-AM ADVERTISING 3/27-4/29/17 -CREEKSIDE 3,520.00 06/13/2017 196674 WELCOME NEIGHBOR HUTCHINSON NEW RESIDENT VISITS -MAY 120.00 06/13/2017 196675 WILKENS INDUSTRIES DRIVE SHOE SHORT, FLOOR BEARINGS, BOLT K 479.35 06/13/2017 196676 WILSONS NURSERY INC ENERGYTREES 1,208.00 06/13/2017 196677 WINE MERCHANTS INC MAY COST OF GOODS - LIQUOR 1,271.00 06/13/2017 196678 WM MUELLER & SONS SIZE A BLACKTOP 598.50 06/13/2017 196679 WMMUELLER&SONS - SEPARATE CK 1_11316-01#8 2,938.93 06/13/2017 196680 WOLD ARCHITECTS & ENGINEERS CURRENT BILLING THROUGH 80% OF PLANNING 1,010.90 06/13/2017 196681 ZELLER STUDIO 2017 SCULPTURE STROLL- PEOPLES CHOICE AWARD 500.00 GRAND TOTAL 1,683,565.90 CHECK REGISTER B -FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/2017 - 06/13/2017 Check Date Check ------------------------------------- 06/13/2017 196467 Vendor Name --------------------------------------------------------- CROW RIVER GLASS Description ------------------------------------------------------------------------ BACKLIGHT FOR 2009 FORD F350 Amount ------------------- 541.80 06/13/2017 196590 OUTDOOR MOTION PLANET BIKE SUPERFLASH MICRO 89.97 GRAND TOTAL 631.77 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Public Hearing & First Reading for City Stormwater Ordinance Revisions Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff Public Hearing Time Requested (Minutes): 5 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The City of Hutchinson is permitted to discharge in accordance with requirements of the Minnesota Pollution Control Agency's Municipal Separate Storm Sewer System (MS4) permit. The requirements of this permit include specific ordinance language that must meet or exceed the MS4 requirements. Revisions are needed to City Code, Chapter 54; Stormwater Management, to continue to meet the requirements of the MS4 permit. The changes will be related to post -construction storm water treatment requirements that requires TSS and Phosphorus treatment for construction related to redevelopment. The proposed changes to the ordinance are attached for your reference. Staff will provide a brief summary of the changes and will be available to answer any questions. Staff will review and consider all comments received and revise the ordinance as necessary. BOARD ACTION REQUESTED: City staff recommends approval of the Ordinance's first reading. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: ORDINANCE NO. 17-773 AN ORDINANCE AMENDING CHAPTER 54 (STORM WATER MANAGEMENT) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 54.03, 54.23 & 54.55; THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Storm Water Management Ordinance to add language in Sections 54.03, 54.23 & 54.55 of the City Code as follows: CHAPTER 54 STORM WATER MANAGEMENT § 54.03 SCOPE A. Prohibited discharges. It shall be considered an offense for any person to cause or allow a prohibited discharge into waters of the state, including the city storm water system, or any natural water. B. Land disturbing activity requiring a storm water management plan. 1. Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision proposing subdivision or plat approval, a building permit or any land disturbance activity greater than one acre within the city must submit a state issued NPDES permit for construction activity and storm water pollution prevention plan to the City Engineer unless a waiver is provided in accordance with this section. No subdivision approval, plat approval or building permit shall be issued until a state NPDES permit for construction activity and storm water pollution prevention plan or a waiver of the approval requirements has been approved by the City Engineer in strict conformance with the provisions of this chapter. No land shall be disturbed until the permit is approved by the City Engineer and conforms to the standards set forth herein. 2. A storm water management plan may also be required in some situations as determined by the City Engineer (i.e., development within an existing subdivision with documented flooding problems associated with storm water runoff). 3. Exemptions to the storm water management plan requirements of this section include the following: any part of a subdivision that is included in a plat that has been approved by the City Council and recorded with the Register of Deeds on or before the effective date of this chapter. A storm water permit for land disturbing activities on such properties may still be required, as determined by the City Engineer, and such activities are still subject to other compliance requirements in accordance with this chapter: a. A storm water management plan is generally not required for individual lots or properties located within a subdivision or plat for which a storm water management plan has already been approved. This exemption is subject to the City Engineer's consideration and approval; b. A parcel for which a building permit has been approved on and/or before the effective date of this chapter and an NPDES permit for construction activity was not required; c. Any land disturbance activity not associated with building construction that will affect less than one acre of undeveloped land; and Page 1 d. Emergency work to protect life, limb or property. C. Land disturbing activity involving the construction of a single-family or two-family dwelling. Construction of single-family or two-family dwellings must comply with in place approved BMPs and any existing permitted SWPPP for the subdivision, including NPDES permit for construction activity requirements and subdivision agreement. Compliance with the single- family residential construction erosion/sediment control standards is required. D. Installation and repair of utility service lines. 1. At project sites that require permit coverage where a utility contractor is not the site owner or operator, each utility contractor must comply with the provisions of the storm water pollution prevention plan (SWPPP) for the project their construction activities will impact. Each utility contractor must ensure that their activities do not render ineffective, the erosion prevention and sediment control best management practices (BMPs) for the site. Should a utility contractor damage or render ineffective any BMPs for the site, the owner must ensure such BMPs are repaired or replaced within seven days of completion of utility installation on the site. 2. At project sites where a utility contractor is the site owner or operator, and the utility company disturbs one or more acres of soil for the purpose of installation of utility service lines, including, but not limited to, residential electric, gas, telephone and cable lines, the utility company must apply for permit coverage from the state prior to commencement of construction. 3. Utility contractors working in a street right-of-way to repair existing or install new utilities and disturbing less than one acre are required to provide appropriate inlet protection and sediment control during the course of the work so as to ensure the storm sewer system is protected from pollution. The utility contractor is also required to provide street sweeping as necessary to insure that sediments resulting from their activity do not enter the storm water system following construction. The street shall be swept within one working day of completion of utility installation on the site. All disturbed vegetation shall be replaced with seed or sod within seven days of completion of utility installation on the site. The city will provide guidance regarding acceptable temporary protection BMPs for inlets and methods to stabilize the exposed soil areas until they meet the definition of final stabilization. E. Waivers. The City Engineer may waive any requirement of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship, and the waiver of such requirement is not contrary to the objectives in this section. The City Engineer may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet the said standards and requirements. § 54.23 STORM WATER MANAGEMENT CRITERIA FOR PERMANENT FACILITIES Storm water control facilities included as part of the final design for a Permanent Development; shall be addressed in the Storm Water Management Plan and shall meet the requirements of the State NPDES general permit to Discharge Stormwater Associated with Construction Activity and the following criteria: A. Pre Versus Post Hydrological Response of Site. An applicant shall install or construct, on or for the proposed land disturbing activity or development activity, all storm water management facilities necessary to manage runoff such that increases in flow under the design conditions will not occur that could exceed the capacity of the Outlet, or the Storm Water Management Page 2 System, into which the site discharges or that would cause the Storm Water Management System to be overloaded or accelerate channel erosion as a result of the proposed land disturbing activity or development activity. Under no circumstances shall the 2, 10, or 100 -year developed peak flow exceed the 2, 10, or 100 -year existing peak flow without prior written approval by the City Engineer. For Regional Detention or Storm Water Management System, the City Engineer shall recommend a proposed System Charge or Assessment to be approved by the City Council based upon an approved Watershed Master Plan and an analysis of required drainage systems, projected costs and flood protection benefits provided to those properties directly or indirectly impacted by the Regional Detention or Storm Water Management System. B. Natural Features of the Site. The applicant shall give consideration to reducing the need for Storm Water Management System facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional water flow without compromising the integrity or quality of these natural features. C. Storm Water Management Strategies. The following Storm Water Management practices shall be investigated when developing a Storm Water Management Plan in accordance with this chapter and with chapter 53.129 of the City of Hutchinson City Code of Ordinances: 1. Natural infiltration of precipitation and runoff on-site, if suitable soil profiles can be created during site grading. The purpose of this strategy is to encourage the development of a Storm Water Management Plan that encourages natural infiltration. This includes, providing as much natural or vegetated area on the site as possible, minimizing impervious surfaces, and directing runoff to vegetated areas rather than onto adjoining streets, storm sewers and ditches; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Storm Water Detention facilities; and 4. Storm Water Retention facilities (on a case by case basis). 5. Other facilities requested by the City Engineer. A combination of successive practices may be used to achieve the applicable minimum control requirements specified. Justification shall be provided by the applicant for the method selected. For sites of a redevelopment construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of impervious surface, then the practices must be designed to meet the following conditions; 6. A net reduction from pre -project conditions (on an annual average basis) of: a. Stormwater discharge volume, unless precluded by the stormwater management limitations in 54.23 F. of the City of Hutchinson City Code of Ordinances a. Stormwater discharges of TSS b. Stormwater discharges of TP D. Adequacy of Outlets. The adequacy of any Outlet used as a discharge point for proposed Storm Water Management System must be assessed and documented to the satisfaction of the Page 3 City Engineer. To the extent practicable, hydraulic capacities of downstream natural channels, storm sewer systems, or streets shall be evaluated to determine if they have sufficient conveyance capacity to receive and accommodate post -development runoff discharges and volumes without causing increased property damages or any increase in the established base flood elevation. If a flood plain or floodway has not been established by the Federal Emergency Management Agency, the applicant shall provide a documented analysis and estimate of the base flood elevation as certified by a Professional Engineer registered in the State of Minnesota. In addition, projected velocities in downstream natural or manmade channels shall not exceed that which is reasonably anticipated to cause erosion unless protective measures acceptable to the City Engineer are approved and installed as part of the Storm Water Management Plan. The assessment of Outlet adequacy shall be included in the Storm Water Management Plan. E. Storm Water Detention/Retention Facilities. Storm Water Detention or Retention facilities proposed to be constructed in the Storm Water Management Plan shall be designed according to the most current practices as reflected in the Nationwide Urban Runoff Program study. F. Infiltration. Infiltration facilities are prohibited, unless approved by the City Engineer, when receiving discharges from, or are to be constructed in areas: 1. Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency; 2. Where vehicle fueling and maintenance occur; 3. With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock; 4. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater; 5. With predominately Hydrologic Soil Group D (clay) soils; 6. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minnesota Rules 4720.5100, subpart 13. G. Mitigation Provisions. There may be circumstances where the owner of a construction activity cannot cost effectively meet the conditions of the State NPDES general permit to Discharge Stormwater Associated with Construction Activity on the site of the original construction activity. For this purpose the owner of a construction activity may identify, locations where mitigation projects can be completed. Mitigation must be accomplished using the following: 1. Mitigation project areas are selected in the following order of preference: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity c. Locations in the next adjacent DNR catchment area up -stream d. Locations anywhere within City jurisdiction Page 4 2. Mitigation projects must involve the creation of new structural storm water BMPs or the retrofit of existing structural storm water BMP's, or the use of a properly designed regional structural storm water BMP. 3. Routine maintenance of existing structural storm water BMP's cannot be used to meet mitigation requirements. 4. Mitigation projects shall be completed within 24 months after the start of the original construction activity. § 54.55 NPDES PERMIT It is unlawful to initiate any land development activity, land disturbing activity or other activities which may result in an increase in storm water quantities, degradation of storm water quality or restriction of flow in any storm sewer system, open ditch or natural channel, storm water easement, water body or wetland outlet within the jurisdiction of the city, without having first complied with the terms of this chapter. Other activities include those outlined in § 54.03 of this chapter. A. Permit. All persons subject to meeting the requirements and needing to obtain a NPDES permit for construction activity shall apply for coverage and file a copy with the City Engineer. The permit will be accompanied by a storm water management plan as prescribed under the storm water management plan application and review provisions set forth in § 54.20 through §http://library.amlegal.com/nxt/_atg eway.dll?f jumplink$jumplink_x=Advanced$jumplink_vpc =first$jumplink xsl=querylink.xsl$jumplink_sel=title;path;content-type home-title;item- bookmark$jumplink_d=minnesota(hutchinson_mn)$jumplink_g=%5bfield%20folio- destination-name:'54.023'%5d$jumplink_md=target-id=JD_54.023 54.23 of this chapter, if such a plan has not been previously approved. Permit applications may be denied if the applicant is not in compliance with the NPDES permit for construction activity currently in effect. Commencing earthwork on a project prior to plan or permit approval is considered a violation of this chapter. B. Permit delays. The City Engineer may withhold granting approval of a permit until all issues associated with the site are resolved to the satisfaction of the City Engineer. Permits may be conditioned with delays such that work cannot begin until a specified date or until after the site is inspected. C. Permit amendments. NPDES permit for construction activity may be amended (by applicant) only by a written request submitted by the permittee to the state. This request shall contain the reason for the change and documentation related to any additional impacts, which may result from amendment approval. A copy of the request will be submitted to the City Engineer within seven days of the submittal to the state. The state approved amended permit will also be submitted to the City Engineer within seven days of receipt. D. Permit transfer. A NPDES permit for construction activity runs with the property it covers, until the permitted activities are completed, and is transferable to new landowners in its entirety or by parcel, with each parcel being subject to the permit and any conditions, which apply to that parcel. Land transfers must be reported to the City Engineer prior to issuing of permits. E. Inspection. 1. The City Engineer may inspect the storm water management system of any permittee to determine compliance with the requirements of this chapter. The applicant shall promptly allow the City and its authorized representatives, upon presentation of credentials to: Page 5 a. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys; b. Bring such equipment upon the permitted site as is necessary to conduct such inspections, surveys and investigations; c. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site; d. Inspect the storm water pollution control measures; and e. Sample and monitor any items or activities pertaining to storm water pollution control measures. 2. Any applicant or permittee shall provide safe and easy access for inspections. F. Inspections of the storm water pollution prevention plan's measures. At a minimum, such inspections shall be done weekly by the permittee (general contractor, developer or the developer's designated representative), and within 24 hours after every storm or snow melt event large enough to result in runoff from the site (one-half inch or more in 24 hours). At a minimum, these inspections shall be done during active construction (the MPCA and city have inspection forms available upon request). EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect upon adoption and publication in accordance with the Hutchinson City Charter. Adopted by the City Council this 27th day of June, 2017. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor First Consideration: Second Consideration: Date of Publication: Page 6 TITLE AND SUMMARY OF ORDINANCE NO. 17-773 The following Ordinance is hereby published by title and summary: Title of Ordinance: Stormwater Management Ordinance An Ordinance to Create and Enact Title 5, Chapter 54, Sections 54.03, 54.23 & 54.55 of the City of Hutchinson Code of Ordinances, 2. Summary of Ordinance: This ordinance creates and enacts Title 5, Chapter 54, Sections 54.03, 54.23 & 54.55 of the Hutchinson City Code, which sections sets forth storm water management criteria for permanent facilities in the chapter and clarifies references to NPDES permits for construction activity. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of the City storm water management system. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. Availability of Ordinance: A complete, printed copy of this Ordinance is available for inspection by any person during regular business hours in the office of the City Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the 27th day of June, 2017. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: July 5, 2017 Page 7 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Public Hearing for City Parking Lot I Improvements Project (1-12/P17-12) Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Public Hearing Time Requested (Minutes): 10 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff is currently working with the adjacent developer's (MidCountry Bank) design consultants and will be hopefully finalizing the project design and delivery approach/schedule in the near future. At this point, City staff will present the identified improvements to City Parking Lot I and the adjacent alley that are necessary to accommodate the developer's proposed bank drive-thru facility. Looking forward, City staff is uncertain if actually administering the formal public bid process will be necessary due to the relatively low project construction cost and associated project delivery options (quote solicitations, existing project change order, etc.). However, administering the Public Hearing process allows the City to have multiple alternatives from funding and bidding standpoints. Please note that this project is included within the 2017 Infrastructure Improvement Program and will be reviewed by the City's Resource Allocation Committee as the project delivery/funding process proceeds in the near future. Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final preparation of project plans/specifications and future solicitation of bids/quotes. If needed, the anticipated bid opening date is Wednesday, July 12th (11:00 AM). BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 150,000.00 Total City Cost: $ 150,000.00 Funding Source: Infrastructure Maintenance & Stormwater Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14729 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 12PROJECT NO. 17-12 WHEREAS, a resolution of the City Council adopted the 9th day of May 2017, fixed a date for a Council Hearing on the following improvements: City Parking Lot I Improvements: City designated downtown Parking Lot I; new parking lot by construction of grading, curb and gutter, draintile, bituminous surfacing, concrete surfacing, stormwater/drainage features, street lighting, landscaping, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 9th day of May 2017. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 13th day of June 2017. Mayor: Gary Forcier City Administrator: Matt Jaunich RESOLUTION NO. 14730 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 12/PROJECT NO. 17-12 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following described improvement: City Parking Lot I Improvements: City designated downtown Parking Lot I; new parking lot by construction of grading, curb and gutter, draintile, bituminous surfacing, concrete surfacing, stormwater/drainage features, street lighting, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 11:00 am on Wednesday, July 12th, 2017, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, July 25th, 2017 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 13th day of June 2017. Mayor: Gary Forcier City Administrator: Matt Jaunich HUTCHINSON CITY COUNCIL r„y,fAy a_� Request for Board Action Agenda Item: Sale of Municipally-Owned Land Department: Legal Contact: Marc Sebora Presenter: Marc Sebora Time Requested (Minutes): LICENSE SECTION Application Complete NIA Reviewed by 5taff ❑ License Contingency NIA BACKGROUND/EXPLANATION OF AGENDA ITEM: Please find a memo attached related to this item BOARD ACTION REQUESTED: Meeting Cate: 6/13/2017 Agenda Item Type: Consent Agenda Attachments: Yes Approve purchase agreement with Eric Wangen and first reading of Ordinance No. 17-774 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funning Source: Remaining Cost: $ 0.00 Funding Source: Memorandum fo: City Council Members From: Marc Sebora. Hutchinson City Attorney Date: June 6, 2017 Subject: Sale of Municipally -Owned Land The City Council previously authorized me to begin a quiet title lawsuit against potential claimants to establish the City's right to ownership of property near Prospect Street formally owned by the Prochnow family. That litigation is coming to an end. The only person to respond to the published summons and complaint in the matter was the landowner along the northern boundary of the Prochnow property, Mr. Eric Wangen. In his answer to the City's lawsuit, Mr. Wangen generally contested the City's ownership of the property and made allegations that he had been maintaining the property over the course of the past several years. At the same time that the legal action was going on regarding the Prochnow property, the City began its plans for development of the hotel site and, as you know, the access road for the hotel site will extend west off of Prospect Street. The Council has heard from Kent Exner that part of the development plans for the parcel involve the construction of a retaining wall. As luck would have it, both the court action and development of the parcel have matured at the same time and a resolution solving both the legal and development problems have been arrived at. First, with regard to the site development, it has been determined that construction of the retaining wall in order to meet proper engineering standards will require more land than the City has available to it on the northwestern corner of the site to be developed near Prospect Street. In order to do this, an easement must be obtained from Eric Wangen on the property he already owns on Prospect Street. Mr. Wangen and the City have reached an agreement whereby he would give us an easement for $2000 for the construction and maintenance of a retaining wall to service the hotel development. The easement agreement would be transferable to any future owners of the hotel property. With regard to the legal action, the land that the City is obtaining through the legal action is more land than the City needs to construct the retaining wall in that area. In order to resolve the legal action. and in consideration of the easement that Mr. Wangen is giving us for the construction of the wall on his own property, the City has agreed to convey the northerly 10 feet of the parcel of land that was part of the legal action to Mr. Wangen. There would be a 20 -foot wide strip of land reserved to the City as part of this conveyance as an easement, again to facilitate the construction and maintenance of the retaining wall. The f [utchinson City Charter requires that any conveyance of City -owned land be done by ordinance. Therefore, for your consideration are two items. First is a purchase agreement conveying the 10 -foot strip of land to Mr. Wangen and which reserves the easternmost 10 feet of that for a permanent easement for the wall, and, secondly is the ordinance required by City Charter authorizing the conveyance of the land. For your reference I am enclosing two diagrams; the first one showing generally the location and contours of the retaining wall and the second one a survey of the land and easements to be conveyed. City stall` recommends your approval of the purchase agreement and ordinance so that these matters may be concluded. ORDINANCE NO, 17-774 PUBLICATION NO, AN ORDINANCE OF THIS CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL. PROPERTY ,i,i IF: C1TY 01= HUTCHINSON ORDAINS: section I. -fhat the municipally owned real property legally described as follows: The Southerly 10.00 feet of the Northerly 209.50 feet of Lot 12, block 13, North Half Of Hutchinson, according to the recorded plat thereof, McLeod County, Minnesota, subject to a Permanent Easement over. Under and across the Easterly 20.00 feet thereof for good and valuable consideration is hereby transferred and conveyed to Eric Wangen. Section 2. The City Administrator, Matthew Jaunich, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 27"' day of June, 2017, Gary']'. Fortier Mayor ATTEST: Matthew Jaunich City Administrator APPR0f7Y,5TE CONSTMCTON L16TS ' Z6 - t E PNpMT7 LIRE aa' awes ceW40 L M [TYP.7 2iXle CATCR OA97R E%. 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SEN 2[] k AREA OF PARCEL A - 1309 Square Feet EASEMENT EXHIBIT AND PARCEL DESCRIPTION LASLMENT AREAS FOR THE CITY OF HUTCHINSON Permanent Eose"n, Area IAparcel A . 200 50 FI Pl iorl of 4'D l 12, BIvCk ! 3, Permanent Eoaomonl Area M month 198.3 lee, df La, 12.200 5q N1 NORTH HALF OF HUTCHINSON (DC r� 4orF P • Cry' J- ALJ ky� co ""t'A'rF �qy _ - - � LLI ' /SO a rte""ry41 Dia T PERMANENT EASEMENT DESCRIPTION (Northerly Parcell A Perman®)t Easement over, udder and across the Easterly 26.04 feet of the Southerly 10,00 feel of the Northerly 199.50 feet of Lot 12, Block 13, NORTH HALF OF H .Z"HINSON, according to the recorded plot thereof. 0,-eoa County, MInnesora, DESCRIPTION FOR PARCEL A The Southerly 10.00 feet of the Northerly 209.30 feet of Lot 12, Block 13, NORTH HALF OF HUTCHINSON, according to the recorded plat thereof, McLeod County, Minnesota, subject to o Permanent Easement over, under and across The Easterly 20,00 feet thereof, ' O ?0 40 9d ^-� male in iaBr The orleram-on of the oeoringv shown on this exhibit ore boaed on PROCHP40W ADD 710N, occerding td the- recorded pial thereet. I hereby tertliy that Ihls Survey, Rion or Rapar! was pr spar ed by mo or under my it ocl fupOrvlelOe aha Thar 1 and o duly licnnzod Land Surras, under rhe laws of the Srote of Mlnhea Coo. P .i� y" fiaV6Cil Darer �,6j �' Lic, No. �129.VP PEUIN814 LAND SURVEYING, RiC P O Bax 33 Hutchirlson, M.Innesoto 35350 Phone (320) 587-4788 Fox (320) 567-372 006 ND 170848 UK REAL ESTATE PURCHASE AGREEMENT Parties. Ibis Purchase Agreement is made and effective on the last date executed below by and between Eric Wangen, "Buyer", and the City of Hutchinson, a Minnesota municipal corporation, "Seller'. 0I`l`crlAccepTanc.e _ Seller agrees to convey real property (the "Property') in McLeod County, Minnesota, as follows: The Southerly 10.00 feet of the Northerly 209,50 feet of Lot 12, block 13, North Half Of Hutchinson, according to the recorded piat thereof, McLeod County. Minnesota, subject to a Permanent Easement over, under and across the Easterly 20.00 acct thereof: hLIXhaSe Price.. and J firms, The purchase price for the property shall be one dollar and zero cents (S 1.00) which the Buyer agrees to pay in casts or by certified check or bank draft on the date of the closing and upon delivery of the deed as hereinafter proviued. C'Ic>>ing Date and ContinVc ncies. For a period of up to 20 days following the execution of this purchase agreement, Buyer shall have an opportunity to conduct investigations of the property as described below. The obligation of the Buyer to complete the transaction contemplated under this purchase agreement is Specifically contingent on and the Buyer satisfying itsell'that there are no significant environmental or other problems affecting the property_ The Buyer shall be the sole judge of the fitness of the condition of the property, The closing of this transaction shall take place within 20 days of the end of the contingency period and, in no event later than on or before CT`' _�( , or as otherwise mutually apreed by and between the parties, Deed. At closing, Seller shall execute and deliver a Quit Claim Deed conveying title of record, subject to building and zoning laws. ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or easements of record. Assessments. Seller shall pay on the date of closing any deferred real estate taxes (including -green acres" taxes) under Minnesota Statute §273.1.1 1 or special assessments payment of which Js required as a result of the closing of this sale. Real estate taxes due and payable in the year in which this transaction is closed shall be paid by the seller Seller. Buyer sl}all pa. real estate taxes due and payable in the year following closing and thereafter. Seller makes no representation cunccrning the amount of iirtttre real estate taxes or of future special assessments. Seller's Lien Warrants. Seller warrants that there have been no labor or material furnished to the property for which payment has not been made. Cond.itwn_of'Pronertt. Seller shall remove all debris and all personal property not included in this sale frorn the property belbre possession date. Seller has not received any notice from any governmental authority as to the existence of any Dutch elm disease. oak wilt, or other disease of any trees on the property. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time. Notwithstanding Buyer's environmental investigations of the property, Seller does not warrant and represent to Buyer that there have been no acts or occurrences upon the property that have Caused or could cause hazardous substances or petrofeum products to be released or discharged into the subsoil or ground water of the property or other property in the area. Seller does not represent and warrant to Buyer that the property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental reguiatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. Seller knows of no wetlands, flood plain, or shoreland on or affecting the property Seller's warranties and representations contained in this section shall survive the delivery of the deed provided that any notice of a defect or claim of breach of warranty must be in writing, Any such notice with respect to matters referred to in this section must be given by the Buyer to the Seller within one year of the date of closing or they will be deemed waived. The conditions of the conveyance of this property set forth in the Price and Terms section of this agreement shall also survive the delivery of the deeds. 13w,er shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations made in this paragraph, and by any contingencies, the property is bteing sold "AS IS" with no express or implied representations or warranties by the Seller as to physical conditions or fitness for any particular purpose. DIsclosure _ot' Notices. Seller has not received any notice From any governmental authority as to violation of any law, ordinance or regulation. It' the property is subject to restrictive covenants, Seller has not received any notice from an,,person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. Should Seller receive notice ofannexation proceedings, Seller agrees to cooperate with Buyer to annex the above-described land into the City of I I u LC ll i 11 soil. Access_ Prior to C losin;'. By this purchase agreement, Buyer does not acquire any right of possession of the property, license, or casement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer and its agents shall have access to the Property foe completing such tests, studies, evaluations and other investigations as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site e�aivators for the purposes of testing, measuring and evaluating the condition of the parcel. Possession. Seller shall deliver possession of the property not later than !i C:' , the date of closing; or such earlier time as the Seller is capable of executing the deed. Closing Costs and Prorations. Seller shall pay any state deed tax due and payable with respect to the Quit Claim Deed conveying the property. Real estate taxes, if any, due and payable for the Property the year in which the Closing occurs shall be prorated between Seller and Buyer as of the Closing Date. Buyer shall pay the costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to purchase. All other costs and expenses v, ith respect to the property shall be prorated between the Seller and Buyer as is customary as of the closing date. Each party shall pay its respective attorney's fees and professional costs with respect to the negotiation and closing of the purchase. Seller Shall pay any commission or fee payable to Seller's broker or agent if any. Records. Upon the execution of the Purchase Agreement, Seller will deliver to Buyer true and correct copies of all records (the "Records-') affecting the Property and their ownership, condition and.use including, without limitation, copies of all sLm.cys, soil tests, environmental studies and reports, market studies, appraisals, tax records, governmental permits and correspondence either in Seller's possession or immediately available to Seller. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. Well Disclosure. Seiler certifies that Seller does not know of any wells on the property. Closing.. ('losing shall be conducted at Hutchinson City Center located at 1 1 1 Hassan Street SE, I lutChinson, MN 55350. At closing, Seller and Buyer shall disclose their Federal Tax Identification numbers for the purposes of completing state and federal tax forms. I3r.. __ of.C'�ntract. The parties herein agree that the ordinary remedies available for breach of contract, including but not limited to rights of specific performance. shall apply to this transaction, notwithstanding the payment of any earnest rnonc� by Buyer. F.asenients. In addition to the easement reserved by the Seller in this transaction, as part of the overal l transaction in this matter. the parties will be executing separate documents for the purpose of Buyer granting to Seller a permanent casement over real property that Buyer currently owns to assist Seller in developing property Seiler currently owns, narnely the Prochnow Addition, to the City of Hutchinson. The legal description for that easement is: A Permanent Easement over, under and. across the easterly 20.00 feet of the Southerly 10.00 feet of the Northerly 199.54 feet of Lot I2, Block 13, NORTH HALF OF HUTCHINSON, according to the recorded plat thereof, McLeod County, Minnesota Miscellaneous.. The parties are currently involved in a quiet title action venued in McLeod County, Minnesota which has been assigned court file number 43 -CV -16-1327. The real estate that is the subject of this purchase agreement is encumbered by that quiet title action and the parties agree that that quiet title action must be completed before the purposes of this transaction can be effectuated. Buyer agrees to execute the documents necessary to conclude the matter contained in court file number 43 -CV -15- 1327 so that the real estate transaction contained in this document can be completed and the real property be transferred to Buyer. SELLER BUYER CITY OF HUTCHINSON Eric Wangen Clary l'. l'orcier. Mayor By: Matthc�k Jaunlch City Administrator HUTCHINSON CITY COUNCIL Request for Board Action�biL�` Agenda Item: Discussion on Maintenance of Dakota County Trail Department: Administration LICENSE SECTION Meeting Efate: 6/13/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff F-1 Communications, Requests Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Council member Cook has requested that this item be placed on the agenda for discussion purposes. This would be a follow up to the letter of support we submitted last August for the Dakota Rail Trail project (attached). Now that the Legacy bill has passed and the Dakota Rail Trail will have funding to pave the 2 miles from the Carver County line to County Road 1, council member Cook would like the Council to discuss our potential willingness to maintain the trail within city limits and possibly go all the way to Highway 22. This was something that we briefly discussed last year. BOARD ACTION REQUESTED: No action at this time. Discussion only. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: C August 23, 2016 Mr. Al Koglin Park Superintendent McLeod County 830 E. 1 lth Street Glencoe, MN 55336 RE: Support for the Dakota Rail Trail Project Dear Mr. Koglin: Office of the City Administrator 111 Hassan Street SF. Hutchinson, MN 55350-2522 320-234-4241/Fax 320-2344240 On behalf of the Hutchinson City Council, I am writing to you today in an effort to express the City of Hutchinson's support in McLeod County's application for the Parks and Trails Legacy Fund to develop the Dakota Rail Trail from the McLeod/Carver County line to the City of Hutchinson, a distance of 18 -miles. We are excited to hear about this application. With the recent paving of the Luce Line Trail, Hutchinson understands the benefit a regional trail system can bring not only to a community, but a region as a whole. The City of Hutchinson believes that the Dakota Rail Trail will become a critical link in McLeod County's trail system because it will provide off-road connections between several communities across the county and it will connect with the Luce -Line State Trail in Hutchinson to provide additional opportunities for residents and visitors to recreate and commute. West of McLeod County, the Dakota Rail Trail crosses Carver County and Hennepin County and is one of the most popular trails in the region, with over 573,000 annual visits. The McLeod County connection to the Carver County segment will allow thousands of users to continue traveling on the trail across McLeod County, generating more tourism revenue for the cities of Lester Prairie, Silver Lake and Hutchinson. The Dakota Rail Trail will be one of the longest paved trails in McLeod County. This will provide opportunities for residents to commute to work and bike, walk, or run for exercise. The health benefits of the trail will be realized in all connecting communities and across the county. As you as well know, the Dakota Rail Trail ends at the Depot Marketplace here in Hutchinson. The City envisions a bigger picture with the Dakota Trail connecting to the Luce Line State Trail. The connection of the Luce Line State Trail to the Dakota Rail Trail would create one of the longest contiguous trail sections in the upper Midwest and would create a regional attraction for the area. In an effort to help make this a reality, the City of Hutchinson is willing to provide assistance to make this project financially more feasible. That assistance would include the following: • We would be willing to work with the County's engineering staff and provide an in-kind contribution of our engineering staff to help engineer this project. We estimate that this in-kind contribution would be valued at about $160,000. • We would be willing to construct a trail that would connect the Dakota Rail Trail at Ranch Ave to the existing city trail under the 5th Ave Bridge. This would provide Dakota Rail Trail users the option to connect with the newly paved trail over to the Depot Marketplace (which will also serve as a trail head), the Luce Line State Trail or the city trail system. We estimate this cost to be approximately $80,000. • We would be willing to cover future maintenance costs along that portion of the Dakota Rail Trail that is within city limits, and would be willing to explore partnerships on the maintenance of the trail adjacent to city limits. Once again, the City of Hutchinson whole heartily extends its support in your effort of seeking funding for the Dakota Rail Trail. As noted above, we are also willing to be a partner in this effort. If we can be of any assistance to you in this project, please don't hesitate to contact us. Sincerely, Matthew Jaunich City Administrator CC: Pat Melvin, County Administrator HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Sale of Municipally -Owned Land - MidCountry Bank Department: Administration/Legal LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: In 2015, the City of Hutchinson purchased the southern portion of the parking lot behind MidCountry Bank. As part of that transaction, the purchase agreement contained an option for MidCountry Bank to purchase the northernmost 46.3 feet of the parking lot from the City of Hutchinson within five years. The purchase agreement stated that if MidCountry Bank should purchase the property, the bank must use the property for a business purpose that is not exclusively for parking. The purchase agreement for this proposed transaction is under the same terms as the City and MidCountry Bank entered into in 2015 for the purchase of the southern portion of the parking lot. Therefore, the purchase price for the northerly 46.3 feet is $57,000, which is what the City purchased the southern portion of the lot for. The purchase agreement has been forwarded to MidCountry Bank and the City is expecting to receive a signed copy back prior to the second reading of the ordinance approving this transaction. I am enclosing a map showing the two parcels involved. The upper portion in blue is the parcel that is the subject of the purchase agreement. The lower portion of the map (in red) shows the parcel that the City purchased in 2015. The Hutchinson City Charter requires that any conveyance of City -owned land be done by ordinance. Staff recommends the sale of this property and will be available for any questions the Council may have at the meeting. BOARD ACTION REQUESTED: Approve first reading and set second reading and adoption of Ordinance No. 17-775 for June 27, 2017. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ORDINANCE NO. 17-775 PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: The north 46.3 feet of Lot 1, Block 27, South Half City of Hutchinson for good and valuable consideration is hereby transferred and conveyed to MidCountry Bank Section 2. The City Administrator, Matthew Jaunich, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 27"' day of June, 2017. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator -.Pip Second Avg SE 7,N W'"" - ,Aw s • � iC r Ws Id il cc j f I i' HUTCHINSON CITY COUNCIL COY Request for Board Action Agenda Item: Hosted Public Wi-Fi Services Agreement with NU-Telecom Department: Administration LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff F-1 New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: In late 2015, NU-Telecom approached the City about putting up Wi-Fi antenna's in Library Square. Due to some technical difficulties it simply wasn't feasible for the City to allow the deployment of Wi-Fi in the Library area at that time. However, in 2016 the City worked with NU-Telecom to put up Wi-Fi antenna's at Dave Mooney Baseball Complex for the State Amateur Baseball Tournament. That experience went well and was well received. Discussions between the City and NU-Telecom took place at the tail end of 2016 about deploying Wi-Fi in other public areas throughout town. Those discussions have resulted in the attached agreement that is in front of you for consideration. A couple of items to note with the agreement: 1) The list of where the initial deployment will take place are included in Exhibit A (Page 4). This is the first phase with potential additional locations being added at a later time. 2) The agreement notes that the responsibility of the equipment is that of NU-Telecom 3) There is a public benefit as noted under bullet point 4 in the agreement 4) The agreement offers flexibility for public use for us to consider changes in the future if we feel it is being abused. Marc has reviewed the agreement and is comfortable with the language. BOARD ACTION REQUESTED: Approve/Deny Authorizing the City Administrator to enter into a Hosted Wi-Fi Services Agreement with NU-Telecom Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HOSTED WIFI SERVICES AGREEMENT This AGREEMENT made and entered into on this _ day of 20 by and between City of Hutchinson, hereinafter referred to as "CITY" NEW ULM TELECOM, INC., hereinafter referred to as "PROVIDER". WITNESSETH: and WHEREAS, CITY desires to offer Wi-Fi access at the sites identified in Exhibit A. WHEREAS, Provider hereby agrees to purchase and install equipment and provide Internet service at the sites identified in Exhibit A at no costs to the City. WHEREAS, CITY shall allow Provider use of site resources such as poles, electricity, buildings, and any structure agreed upon in advance of the equipment being installed by both parties, to mount equipment and signage in exchange for public Wi-Fi services. NOW, THEREFORE, In consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Term. This agreement shall be for a term of 5 (five) years from the initial service activation date. 2. Instal lation/Equipment. Provider shall own and install the equipment to provide Wi-Fi access at the sites identified in Exhibit A. Installation and placement of equipment shall conform to the City's planning and zoning and building regulations and should be installed in a way that is out of reach for tampering. 3. Removal or Relocation of Equipment. Provider shall remove or relocate equipment at no cost to the CITY. A request to remove the equipment by the CITY shall be done in accordance with the early termination agreement below. From time -to -time, the CITY may ask the Provider to temporarily remove or relocate the equipment. The Provider shall do this at no cost to the CITY and the CITY shall provide a 30 day notice of such request. 4. Service. Provider will install equipment to allow public access to Wi-Fi. In addition, the Provider will offer a limited free public Wi-Fi service at the sites identified in Exhibit A. The minimum internet speeds shall be 7Mbs down and 3 up. The Provider will also offer a pay service options for users seeking a higher quality of service and a service offering for its' subscribers. 5. Hours. This service shall be provided during the hours of 7 a.m. to 10 p.m., seven days a week. The Provider may offer a pay service option for users outside of the allowed hours. CITY can request changes to hours of Wi-Fi availability by written notice to Provider. 6. Liability and Hold Harmless. The CITY will not be liable for any damage that may occur to the Provider's equipment at the sites identified in Exhibit A. Along with accepting liability for the equipment, the Provider agrees to hold harmless the City in the event any equipment shall fall and injure any users and/or spectators at the sites identified in Exhibit A. With the exception of the foregoing, each party will be responsible for all loss, claims, demands, suits or other action or liability suffered, made, instituted or asserted against it by any other party or person, for any personal injury to or death of any person or persons, for any loss, damage or destruction of any property caused by the negligent act or omission of the responsible party, its agents and employees. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 7. Interference. The CITY will be not be responsible for any interference by the equipment being provided by the Provider with any pre-existing telecommunication systems, broadcasts or receptions. If such interference does occur, resolving that interference will be between the Provider and the party who is being interfered upon. 8. Early Termination. If CITY finds it necessary to terminate this contract prior to the end of the term, CITY will send written notice to Provider 120 days prior to requested termination date. 9. Additional Terms and Conditions: a. CITY warrants that it has full authority to enter into this agreement. b. This Agreement may be modified within the term of the agreement to include upgrades to existing services by written amendment signed by both parties. 2 c. This agreement may not be transferred or assigned without the written consent of the other party, -which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto set their hands the day and year first written above. CITY OF HUTCHINSON By.............................................. Name.......................................... Title............................................ NEW ULM TELECOM, INC. By.............................................. Name.......................................... Title............................................ EXHIBIT A Site List Site Name Site Address 1. Burich Arena 2. Hutchinson Rec Center/Aquatic Center 3. Roberts Park 4. Veterans Memorial Field/Park 5. Campground/Masonic West River Park 6. Depot/Farmer's Market 7. Hutchinson Event Center 8. Airport — Pilots Lounge 9. Library Square 0 950 Harrington Street SW 900 Harrington Street SW 1605 Roberts Road SW 301 Ontario Street SE Les Kouba Drive 25 Adams Street SE 1005 Hwy 15 S. Plaza 15 1700 Butler Field Dr. SW Main Street HOSTED WIFI SERVICES AGREEMENT This AGREEMENT made and entered into on this day of 20 by and between City of Hutchinson, hereinafter referred to as "CITY" and NEW ULM TELECOM, INC., hereinafter referred to as "PROVIDER". WITNESSETH: WHEREAS, CITY desires to offer Wi-Fi access at the sites identified in Exhibit A. WHEREAS, Provider hereby agrees to purchase and install equipment and provide Internet service at the sites identified in Exhibit A at no costs to the City. WHEREAS, CITY shall allow Provider use of site resources such as poles, electricity, buildings, and any structure agreed upon in advance of the equipment being installed by both parties, to mount equipment and signage in exchange for public Wi-Fi services. NOW, THEREFORE, In consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Term. This agreement shall be for a term of 5 (five) years from the initial service activation date. 2. Installation/Equipment. Provider shall own and install the equipment to provide Wi-Fi access at the sites identified in Exhibit A. Installation and placement of equipment shall conform to the City's planning and zoning and building regulations and should be installed in a way that is out of reach for tampering. 3. Removal or Relocation of Equipment. Provider shall remove or relocate equipment at no cost to the CITY. A request to remove the equipment by the CITY shall be done in accordance with the early termination agreement below. From time -to -time, the CITY may ask the Provider to temporarily remove or relocate the equipment. The Provider shall do this at no cost to the CITY and the CITY shall provide a 30 day notice of such request. 4. Service. Provider will install equipment to allow public access to Wi-Fi. In addition, the Provider will offer a limited free public Wi-Fi service at the sites identified in Exhibit A. The minimum internet speeds shall be 7Mbs down and 3 up. The Provider will also offer a pay service options for users seeking a higher quality of service and a service offering for its' subscribers. 5. Hours. This service shall be provided during the hours of 7 a.m. to 10 p.m., seven days a week. The Provider may offer a pay service option for users outside of the allowed hours. CITY can request changes to hours of Wi-Fi availability by written notice to Provider. 6. Liability and Hold Harmless. The CITY will not be liable for any damage that may occur to the Provider's equipment at the sites identified in Exhibit A. Along with accepting liability for the equipment, the Provider agrees to hold harmless the City in the event any equipment shall fall and injure any users and/or spectators at the sites identified in Exhibit A. 7. Interference. The CITY will be not be responsible for any interference by the equipment being provided by the Provider with any pre-existing telecommunication systems, broadcasts or receptions. If such interference does occur, resolving that interference will be between the Provider and the party who is being interfered upon. 8. Early Termination. If CITY finds it necessary to terminate this contract prior to the end of the term, CITY will send written notice to Provider 120 days prior to requested termination date. 9. Additional Terms and Conditions: a. CITY warrants that it has full authority to enter into this agreement. b. This Agreement may be modified within the term of the agreement to include upgrades to existing services by written amendment signed by both parties. c. This agreement may not be transferred or assigned without the written consent of the other party, -which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto set their hands the day and year first written above. W CITY OF HUTCHINSON By.............................................. Name.......................................... Title............................................ NEW ULM TELECOM, INC. By.............................................. Name.......................................... Title............................................ EXHIBIT A Site List Site Name Site Address 1. Burich Arena 950 Harrington Street SW 2. Hutchinson Rec Center/Aquatic Center 900 Harrington Street SW 3. Roberts Park 1605 Roberts Road SW 4. Veterans Memorial Field/Park 301 Ontario Street SE 5. Campground/Masonic West River Park Les Kouba Drive 6. Depot/Farmer's Market 25 Adams Street SE 7. Hutchinson Event Center 1005 Hwy 15 S. Plaza 15 8. Airport — Pilots Lounge 1700 Butler Field Dr. SW 9. Library Square Main Street E HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Consideration of Adoption of Resolution No. 14726 to update Airport Zoning Department: PW/Eng LICENSE SECTION Meeting Date: 6/13/2017 Application Complete Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff New Business Time Requested (Minutes): 5 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Since 1984, the City of Hutchinson has operated under the same ordinance pertaining to airport zoning. The proposed project is to update the 1984 Hutchinson Municipal Airport Zoning Ordinance based on results of the 2015 Airport Master Plan. The 1984 Airport Zoning Ordinance protects for the existing 4,000 -foot runway, but it does NOT protect for the proposed crosswind runway included in the Master Plan and most recent Airport Layout Plan. Earlier this spring, MnDOT Aeronautics staff contacted me directly and indicated the possibility of State FY2017 grants being available for planning/zoning purposes. This project would be contingent upon receiving a State FY2017 MnDOT Aeronautics grant to update the airport zoning ordinance. State requirements for zoning at airports are covered in Minnesota Statutes Chapter 360, "Airports and Aeronautics" and Minnesota Rules Chapter 8800.2400 "Airport Zoning Standards". Issues identified in the statutes and rules are significantly more complicated than traditional land use zoning issues. After consultation with Dan Jochum, Dir. of Planning/Bldg/Zoning, it was determined to be in the City's best interest to engage the airport consultant for this detailed work. The project would be funded 80% with a MnDOT Aeronautics grant, with 20% of local funds. After State FY2017, which begins July 1, 2017, the funding percentages change to 70%/30%, so the intent is to immediately apply for the grant. Primary components of the project include: 1. Joint zoning board (Joint Planning Board) meetings to discuss, outline zoning requirements and receive feedback. 2. Revise, amend and update airport zoning ordinance with maps 3. Conduct/lead two public hearings 4. Coordinate with MnDOT Aeronautics on draft and final ordinance BOARD ACTION REQUESTED: Adopt Resolution No. to update Airport Zoning. Project contingent upon receipt of MnDOT Aeronautics Grant. Name Mayor Forcier and City Administrator Jaunich as authorized signatories. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 70,800.00 Total City Cost: $ 14,160.00 Funding Source: Planning dollars Remaining Cost: $ 56,640.00 Funding Source: MnDOT Aeronautics Grant RESOLUTION NO. 14726 RESOLUTION TO UPDATE AIRPORT ZONING ORDINANCE WHEREAS, the last update to the Hutchinson Municipal Airport Zoning ordinance was completed in 1984, and; WHEREAS, the current ordinance, while it does protect for the existing 4,000 foot runway, does not protect for a proposed future crosswind runway in the most current Airport Layout Plan, and; WHEREAS, the Joint Planning Board would operate as the Joint Airport Zoning Board referenced in the ordinance, and; WHEREAS, Minnesota Statutes §360, "Airports and Aeronautics" and Minnesota Rules §8800.2400 "Airport Zoning Standards" outline zoning standards for Minnesota Airports; and; WHEREAS, Grants from the Minnesota Department of Transportation Office of Aeronautics (MnDOT Aeronautics) may be available to assist in paying for a significant portion of costs related to the zoning update NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The City Council approves Bolton -Meek Work Order 91 for updating the Airport Zoning Ordinance, contingent upon receipt of a grant from MnDOT Aeronautics. 2. Project costs shall not exceed $70,800, of which 80% ($56,640) paid by a MnDOT Aeronautics (State Fiscal Year 2017) grant. The remaining 20% ($14,160) paid by City Planning funds. 3. The City Council appoints Mayor Gary Forcier and City Administrator Matthew Jaunich as authorized signatories for executing a grant with MnDOT Aeronautics. Adopted this 13th day of June, 2017 by the City Council of Hutchinson, Minnesota. Mayor — Gary Forcier ATTEST City Administrator — Matthew Jaunich M MLENK Real People. Real Solutions. June 13, 2017 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adam Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport— Butler Field (HCD) 2017 Airport Zoning Update BMI Work Order #1 Proposal for Professional Services Dear Mr. Olson, 7533 Sunwood Drive NW Suite 206 Ramsey, MN 55303-5119 Ph: (763) 433-2851 Fax: (763) 427-0833 Balton-Menk.com Bolton & Menk is pleased to submit our proposal for Professional Services for updating the Airport Zoning Ordinance at the Hutchinson Municipal Airport. A multi -jurisdictional Hutchinson Municipal Airport Zoning Ordinance was adopted in 1984 by the Hutchinson Municipal Airport Zoning Board consisting of representatives from the City of Hutchinson, McLeod County, and Hassan Valley and Lynn Townships. In 1984, the Joint Airport Zoning Board planned for an 800 -foot runway extension to the north for a total runway length of 4,000 feet which has since been constructed. The Airport Zoning Ordinance does not protect for a crosswind runway. The purpose of this work order is to update the Airport Zoning Ordinance to reflect the Airport Layout Plan completed in 2015. Zoning ordinance revisions will be performed by the general guidance found in the following: 1. Procedural steps in Minnesota Statutes Chapter 360, Sections 360.061 to 360.074, as outlined in the attached "Procedural Steps Towards Airport Zoning Enactment of Publicly Owned Airports". 2. Minnesota Rules Chapter 8800.2400, "Airport Zoning Standards" 3. The current version of the "Model Zoning Ordinance for Minnesota Airports" prepared by the MnDOT, Office of Aeronautics. The following reference documents will be used during development of the zoning ordinance revisions: 1. The current updated Airport Layout Plan was submitted to MnDOT in 2015 and is in the process of being approved by MnDOT and FAA. 2. The existing Airport Zoning Ordinance dated 1984. This is Work Order #1 to the Master Agreement for Professional Services between the City of Hutchinson and Bolton & Menk, Inc. with an effective date of April 11, 2017. H:\HUTC\_Proposals\HCD Zoning Work Order No I.docx Bolton & Menk is an equal opportunity em Name: Mr. John Olson Date: May 13, 2017 Page: 2 SCOPE OF SERVICES: PLANNING: Update the Airport Zoning Ordinance 1. Conduct monthly progress reports and coordinate with appropriate SPONSOR Staff. 2. Provide recommendations regarding the appropriate zoning processes to be followed in order to meet state statute requirements of ultimately receiving a Commissioner's Order approving the zoning ordinance. 3. Provide recommendations regarding the make-up of the joint airport -zoning board to be established. 4. Prepare all necessary revisions and amendments to the existing airport zoning ordinance text and maps. 5. Bolton & Menk will determine whether areas adjacent to the airport qualify as an Existing Residential Neighborhood (ERN) and incorporate mapping and language into the Airport Zoning Ordinance as appropriate. 6. Prepare meeting and hearing notices, to be distributed by SPONSOR staff. 7. Attend up to four (4) joint zoning board meeting, present information and material, and answer questions. 8. Lead up to two (2) public hearings related to ordinance revision. 9. Coordinate the MnDOT review of a draft copy of the zoning ordinance and mapping and coordinate with MnDOT through the approval process and Commissioner's Order. Includes up to four (4) meetings. SPONSOR will be responsible for getting the final zoning ordinance recorded at the County. CONSIDERATION: The services described above in this proposal shall be completed on a LUMP SUM NOT TO EXCEED basis of $ 70,800. SCHEDULE: We anticipate the work can be performed to the following schedule. • Coordinate grant request with MnDOT May 2017 • Complete Airport Zoning Ordinance Update February 2018 Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our sponsors' needs. If you find this proposal acceptable, please return to me a signed and dated copy of this document. H:\HUTC\_Proposals\HCD Zoning Work Order No l.docx Bolton & Menk is an equal opportunity em Name: Mr. John Olson Date: May 13, 2017 Page: 3 Sincerely, BOLTON & MENK, INC. Melissa R Underwood Senior Aviation Planner Cc: Silas Parmar, Bolton & Menk ************************************************************************************* I hereby accept the terms defined in this letter proposal. Name/Signature Gary Forcier, Mayor Name/Signature Matthew Jaunich, City Administrator H:\HUTC\_Proposals\HCD Zoning Work Order No 1.doa Balton & Menk is an 06/13/2017 Date 06/13/2017 Date DETAILED COST ESTIMATE H:\HUTC\ Proposals\HCD Zoning Update Fee 2017 •AIRPORT AIRPORTProject: 2017 ZONING UPDATE L tw M H TASK WORK TASK DESCRIPTION M a V s = Total NO. u + Cost �+ o N o a 1 Monthly progress reports 4 10 8 22 $ 2,832 2 Zoning process recommendations 4 8 4 16 $ 2,156 3 Joint Airport Zoning Board attendance recommendations 4 8 4 16 $ 2,156 4 Revise and amend Airport Zoning Ordinance with maps 4 60 50 114 $ 14,222 5 Determine Existing Residential Neighborhoods 2 6 10 18 $ 2,134 6 Prepare meeting and hearing notices 2 20 20 42 $ 5,156 7 Attend four joint zoning board meetings 2 80 70 152 $ 18,786 8 Lead two public hearings 2 50 50 102 $ 12,446 9 Coordinate with MnDOT on draft and final ordinance 8 40 40 88 $ 10,904 TOTAL HOURS 32 282 256 AVERAGE HOURLY RATE $148.00 $148.00 $95.00 SUBTOTAL $4,736 $41,736 $24,320 HOURLY W HOURLY ESTIMATE FEE ROUNDED BOLTON & MENK $70,800 H:\HUTC\ Proposals\HCD Zoning Update Fee 2017 HUTCHINSON CITY COUNCIL c`=y-f Request for Board Action 7AL =-ft Agenda Item: Calling of a Special Joint Workshop Meeting with HUC for 7:30 am on June 26 Department: Administration LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: We are looking to schedule a special joint workshop meeting with the Hutchinson Utilities Commission for Monday, June 26 at 7:30 a.m. to discussion the City/HUC PILOT Arrangement. This date and time seems to work best for both boards. We are asking that you officially set this as a City workshop meeting. BOARD ACTION REQUESTED: Approval of calling a special meeting with the HUC for 7:30 a.m. on Monday, June 26 in the Council Chambers Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL c`=y-f Request for Board Action 7AL =-ft Agenda Item: Calling of a Special Joint Meeting with the EDA for 11:30 am on June 27 Department: Administration LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: We are looking to schedule our annual joint meeting with the EDA. The EDA has thrown out a date of June 27 at 11:30 a.m. Lunch would be provided. If this works for the majority of you, I'm asking that you call that as a special meeting. BOARD ACTION REQUESTED: Approval of calling a special meeting with the EDA for 11:30 a.m. on Tuesday, June 27 in the Council Chambers Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL c`=y-f Request for Board Action 7AL =-ft Agenda Item: Set Council Workshop to review the 2016 Audit Report (CAFR) Department: Finance LICENSE SECTION Meeting Date: 6/13/2017 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: I would like to call for a council workshop to review the 2016 audited financial report on July 11th at 4:30. Kyle Meyers, who is a partner with our audit firm, Abdo, Eick & Meyers, will be here to lead the workshop and also to give a short presentation at the council meeting that night as he has done in previous years. If that date does not work, then July 25th at 4:30 would be the second option. Thank you. BOARD ACTION REQUESTED: Set a workshop to review the 2016 Audit Report. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Hutchinson Properties Orded To Be Cleared By City 06/06/2017 Enforcement Number Address Parcel Category Date Filed Status Date Closed EEN17-0001 715 Oak St NE 31-117-29-07-0850 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0002 346 Monroe St SE 06-116-29-07-0100 Tall Grass/Noxious We& 05/16/2017 Closed 05/23/2017 EEN17-0003 709 Madson Ave SW 01-116-30-10-0080 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0004 206 Monroe St SE 06-116-29-02-0560 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0005 570 Adams St SE 06-116-29-10-0020 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0006 215 5th Ave NE 31-117-29-09-0640 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0007 539 2nd Ave SW 01-116-30-01-0540 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 EEN17-0008 455 Water St NW 31-117-29-12-0370 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0009 488 California St NW 36-117-30-11-0190 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 EEN17-0010 545 Madson Ave SW 01-116-30-09-0050 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 EEN17-0011 121 5th Ave NE 31-117-29-10-0100 Tall Grass/Noxious We& 05/10/2017 Abated 05/30/2017 EEN17-0012 731 Arizona St NW 36-117-30-06-1000 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0013 542 Adams St SE 06-116-29-07-0720 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0014 570 Main St S 06-116-29-11-0040 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 EEN17-0015 206 5th Ave NE 31-117-29-09-1130 Tall Grass/Noxious We& 05/10/2017 Closed 05/25/2017 EEN17-0016 1379 Jefferson St SE 07-116-29-08-0060 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0017 245 Hwy 7 E 31-117-29-09-0430 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 EEN17-0018 516 Adams St SE 06-116-29-07-0690 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0019 554 Adams St SE 06-116-29-07-0740 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0020 676 Jefferson St SE 06-116-29-11-0440 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0021 725 Oak St NE 31-117-29-07-0840 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0022 1373 Jefferson St SE 07-116-29-08-0050 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0023 430 Water St NW 31-117-29-12-0270 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0024 153 5th Ave NE 31-117-29-09-0790 Tall Grass/Noxious We& 05/10/2017 Abated 05/25/2017 EEN17-0025 465 Water St NW 31-117-29-12-0360 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0026 882 Oak St NE 31-117-29-02-0690 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0027 32 McLeod Ave NE 31-117-29-10-0380 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0028 505 Monroe St SE 06-116-29-07-1010 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0029 141 5th Ave NE 31-117-29-10-0140 Tall Grass/Noxious We& 05/10/2017 Abated EEN17-0030 140 Morningside Dr NE 32-117-29-14-0710 Tall Grass/Noxious We& 05/10/2017 Closed 05/17/2017 Hutchinson Properties Orded To Be Cleared By City 06/06/2017 Enforcement Number Address Parcel 0 Category Date Filed Status Date Closed EEN17-0031 841 Main St S 06-116-29-14-0500 Tall Grass/Noxious We& 05/15/2017 Closed 05/23/2017 EEN17-0032 325 Adams St SE 06-116-29-07-0130 Tall Grass/Noxious We& 05/15/2017 Closed 05/23/2017 EEN17-0033 415 Adams St SE 06-116-29-07-0610 Tall Grass/Noxious We& 05/15/2017 Abated EEN17-0034 945 Milwaukee Ave SW 01-116-30-10-1060 Tall Grass/Noxious We& 05/15/2017 Closed 05/23/2017 EEN17-0035 1100 Hwy 15 S 12-116-30-01-0030 Tall Grass/Noxious We& 05/15/2017 Closed 05/26/2017 EEN17-0036 64 9th Ave NE 31-117-29-02-0790 Tall Grass/Noxious We& 05/15/2017 Abated 05/23/2017 EEN17-0037 750 Dale St SW 01-116-30-10-1230 Tall Grass/Noxious We& 05/15/2017 Abated EEN17-0038 705 Dale St SW 01-116-30-10-0300 Tall Grass/Noxious We& 05/15/2017 Closed 05/23/2017 EEN17-0039 7 9th Ave NE 31-117-29-02-0640 Tall Grass/Noxious We& 05/15/2017 Abated EEN17-0040 234 Jefferson St SE 06-116-29-03-0980 Tall Grass/Noxious We& 05/19/2017 Closed 05/19/2017 EEN17-0041 776 Ivy Ln SE 06-116-29-14-0450 Tall Grass/Noxious We& 05/15/2017 Closed 05/23/2017 EEN17-0042 1019 Jorgenson St SE 07-116-29-03-0020 Tall Grass/Noxious We& 05/17/2017 Closed 05/25/2017 EEN17-0043 15 Selchow Ave SE 06-116-29-14-0010 Tall Grass/Noxious We& 05/17/2017 Closed 05/25/2017 EEN17-0044 791 California St NW 36-117-30-06-0310 Tall Grass/Noxious We& 05/17/2017 Abated EEN17-0045 940 North High Dr NW 36-117-30-02-0260 Tall Grass/Noxious We& 05/17/2017 Closed 05/31/2017 EEN17-0046 390 Shady Ridge Rd NW 35-117-30-16-0020 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0047 775 Milwaukee Ave SW 01-116-30-10-0220 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0048 136 6th Ave SE 06-116-29-11-0610 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0049 11 5th Ave NE 31-117-29-10-0290 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0050 405 Rose Ln NE 31-117-29-10-0820 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0051 107 5th Ave NE 31-117-29-10-0090 Tall Grass/Noxious We& 05/25/2017 Closed 06/02/2017 EEN17-0052 646 Franklin St SW 06-116-29-12-0750 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0053 538 4th Ave SW 01-116-30-08-0510 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0055 125 Oakland Ave SE 06-116-29-11-0490 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0056 805 Franklin St SW 06-116-29-11-0930 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0057 907 Dale St SW 01-116-30-14-0110 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0058 437 Linden Ave SW 06-116-29-12-1160 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0059 626 Main St S 06-116-29-11-0960 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0060 1239 Bradford St SE 07-116-29-06-0370 Tall Grass/Noxious We& 05/30/2017 Removal Notice EEN17-0061 505 Dale St SW 01-116-30-07-0230 Tall Grass/Noxious We& 05/30/2017 Removal Notice Hutchinson Properties Orded To Be Cleared By City 06/06/2017 Enforcement Number Address Parcel Category Date Filed Status Date Closed EEN17-0063 970 7th Ave NW 36-117-30-07-0800 Records: 61 Population: All Records Enforcement. CodeOfficer = John Paulson AND Enforcement.DateFiled Between 4/1/2017 12:00:00 AM AND 5/31/2017 11:59:59 PM Tall Grass/Noxious We& 05/30/2017 Removal Notice HUTCHINSON CITY COUNCIL cny� Request for Board Action Agenda Item: Public Arts Commission Requests Department: Administration LICENSE SECTION Meeting [late: 6/13/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Cj New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Please note that this will be an added agenda item Tuesday night. The Public Arts Commission (PAC) would like to address the council on two items Tuesday night. The first item that they would like to request from the council is that they would like to get approval to have staff (Marc and 1) work on a an agreement with the Artist of the Cemetery Sculpture. This agreement would allow the artist to reproduce more of her cemetery sculptures and sale them. The main point of the agreement would be that the City would allow this and received a commission from the artist on the pieces that would be sold. The second item for consideration is that the PAC would like to ask that additional public art funds be used to pay for the remainder of the cemetery piece costs. Apparently the final grant report is due in June and this would help with that, as well as making the final payment to the artist. I have attached a financial run-down of the PAC for your consideration in this request. Please note that the entire cost of the sculpture and all funding has been accounted for within the PAC Accounting information that is attached. So basically we have covered the cost with PAC dollars already. Any future donations/ funding related to this project will come back into the PAC account. Just as a reminder, the council approved adding $15,000 per year into the PAC fund and this fund can have a maximum carryover of $30,000. In regards to the Cemetery Sculpture, to date, we have received $9,900 in donations and grant money with at least another $1,000 set to come to us. The final cost for the project is $15,500 leaving a net balance of ($5,600) BOARD ACTION REQUESTED: Approve/Deny Requests from the PAC. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: 1�_s Public Arts Commission Funding: Resolution #14356 approved 11/25/2014 - That $15,000 annually budgeted from the Community Improvement Fund budget to be utilized for public arts projects on public property within the city, as provided by state statute and provided by City Council. Any unused money shall be carried forward from one year to the next up to a maximum amount of $30,00 . Annual Year Description Amount Carryover 2014 Annual Funding $ 15,000.00 2014 Art Walk Grant 4,900.00 2014 Art Walk Costs (10,851.76) Remaining SMAC Grant for Cemetery Sculpture 1,000.00 $ 9,048.24 2015 Prior Year Carryover $ 9,048.24 Annual Funding 15,000.00 2015 Art Walk Costs (8,500.32) Sculpture Purchase - Heidi Hoy (Jack) (12,750.00) SMAC Grant - Cemetery Sculpture 80% 4,000.00 Website upgrades (394.95) $ 6,402.97 2016 Prior Year Carryover $ 6,402.97 Annual Funding 15,000.00 Cemetery Sculpture - private donations 100.00 Public Arts website domain (41.97) 2016 Art Walk Costs (8,344.51) Safe & Sound Hosting & Upgrade Plan (360.00) Cemetery Sculpture - 1st 50% (7,750.00) 1 $ 5,006.49 2017 Prior Year Carryover $ 5,006.49 Annual Funding 15,000.00 Cemetery Sculpture - private donations 800.00 2017 Art Walk Costs (6,500.00) Ice Carving Demonstration (500.00) Cemetery Sculpture - 2nd 50% (7,750.00) 6/13/2017 Balance $ 6,056.49 Public Sites - Public Art Seed Money balance 17,517.60 TOTAL FUND AVAILABLE FOR PAC as of 6/13/2017 $ 23,574.09 Remaining SMAC Grant for Cemetery Sculpture 1,000.00