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2017.08.07 CC Packet
AGENDA HUGO CITY COUNCIL MONDAY, AUGUST 7, 2017 - 7:00 PM HUGO CITY HALL A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. July 13, 2017 Dream of Wild Health Grant Presentation 2. July 17, 2017 City Council Meeting 3. August 1, 2017 National Night Out E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Introduction of Hugo Deputy Josh Liebenow 2. Washington County Sheriff's Recognition of PAWS Veterinarian Michelle Beck 3. Washington County Sheriff's Office Annual Report — Sheriff Dan Starry 4. Seizure Smart Community — Michelle Maxwell from the Epilepsy Foundation of Minnesota 5. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Approve Annual Performance Review for Public Works Mechanic Dave Greeder 3. Approve Annual Performance Review for Public Works Director Scott Anderson 4. Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler 5. Approve Lawful Gambling Exempt Permit for Duck's Unlimited at Sal's Angus Grill 6. Approve Agreement for Municipal Advisor Services with Springsted Incorporated 7. Approve Site Plan and Conditional Use Permit (CUP) Amendment for Xcel Energy located at 13676 Fenway Boulevard North 8. Approve Utility Easement Agreement for the Beaver Ponds Sewer Rehabilitation Proj ect 9. Approve Pay Request No. 1 to Arnt Construction for 147th Street Sidewalk Project 10. Approve Pay Request No. 2 to T.A. Schifsky for the North Sunset Lake Area Street Improvement Project 11. Approve Lease Agreement with Verizon Wireless for Cellular Equipment on Water Tower No.3 12. 13. H. UNFINISHED BUSINESS 1. Update on Fire Hall Roof Replacement 2. I. NEW BUSINESS 1. 2. J. VISITOR PRESENTATIONS 1. 2. K. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Report 2. L. ADMINISTRATIVE PRESENTATIONS 1. Reschedule September 4, 2017, Council Meeting to Tuesday, September 5, 2017 Due to Labor Day Holiday 2. Comprehensive Plan Workshop on Tuesday, August 8, 2017 3. Schedule City Wide Bus Tour for Saturday, October 7 or 14, 2017 4. BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON AUGUST 7, 2017 D.1 July 13, 2017 Dream of Wild Health Grant Presentation D.2 July 17, 2017 City Council Meeting D.3 August 1, 2017 National Night Out Staff recommends Council approve the above minutes as presented. F.1 Introduction of Hugo Deputy Josh Liebenow Washington County Deputy Josh Liebenow has been serving Hugo as a Deputy for over a year. Sergeant Joe Stoehr will introduce Deputy Josh Liebenow to the Council. F.2 Washington County Sheriffs Recognition of PAWS Veterinarian Michelle Beck The Washington County Sheriff's Office will recognize PAWS Veterinarian Michelle Beck for all the time she has donated to their K9 Unit. F.3 Washington County Sheriffs Office Annual Report — Sheriff Dan Starry Sheriff Dan Starry will present the 2016 Washington County Sheriff's Department Annual Report. FA Seizure Smart Community — Michelle Maxwell from the Epilepsy Foundation of Minnesota Michelle Maxwell from the Epilepsy Foundation of Minnesota will share with the Council how the City of Hugo can become a Seizure Smart Community. G.1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Mechanic Dave Greeder Dave Greeder was hired by the City of Hugo as the mechanic in the Public Works Department on August 8, 2005. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Mechanic Dave Greeder. G.3 Approve Annual Performance Review for Public Works Director Scott Anderson Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering Technician, and on August 5, 2008, Scott was promoted as the City's Public Works Director. City Administrator Bryan Bear recommends Council approve the annual performance review for Public Works Director Scott Anderson. GA Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler Mike Loeffler was hired as a maintenance worker for the City of Hugo's Public Works Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public Works Lead Worker. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Lead Worker Mike Loeffler. G.5 Approve Lawful Gambling Exempt Permit for Duck's Unlimited at Sal's Angus Grill The St. Croix Chapter of Ducks Unlimited is holding an event on September 9, 2017 at Sal's Angus Grill. Ducks unlimited has submitted an application for an exempt permit to allow them to hold raffles at the event. Staff recommends Council approve the Lawful Gambling Exempt Permit for Ducks Unlimited for the September 9, 2017 event. G.6 Approve Agreement for Municipal Advisor Services with Springsted Incorporated Following the Great Recession of 1998 Congress approved legislation commonly called the Dodd -Frank Wall Street Reform and Consumer Protection Act. This legislation includes a provision that all municipal advisors be registered with the Securities and Exchange Commission and disclose to their municipal clients what services they provide and the cost of these services. To meet the requirements contained in the legislation, Springsted Incorporated, the City's financial advisors, has requested each of their municipal clients to enter into a service agreement that clarifies what services they provide and sets the level of compensation for the each of these services. The Finance Department has reviewed the proposed agreement and recommends that the City Council approve an Agreement for Municipal Advisor Services with Springsted Incorporated and authorize the City Administrator to execute the agreement. G.7 Approve Site Plan and Conditional Use Permit (CUP) Amendment for Xcel Energy located at 13676 Fenway Boulevard North 0 Xcel Energy is requesting approval of a site plan for a 12,000 square foot building addition to the previously approved training barn and a conditional use permit amendment to expand outdoor storage and an outdoor gas/electric training area. At its July 27, 2017 meeting, the Planning Commission held a public hearing in which no one from the audience spoke. The Planning Commission reviewed the site plan and CUP amendment applications and unanimously recommended approval with the conditions listed in the resolutions. Staff recommends Council approve the resolutions approving the site plan and CUP amendment for Xcel Energy. G.8 Approve Utility Easement Agreement for the Beaver Ponds Sewer Rehabilitation Proiect Staff is recommending Council approval of the utility easement agreement associated with the Beaver Ponds sewer project. This easement would be recorded as sixty feet wide by four hundred feet long running parallel with the proposed realigned sewer pipe. G.9 Approve Pay Request No. 1 to Arnt Construction for 147' Street Sidewalk Proiect The City of Hugo has received Pay Request No. l from Arnt Contracting for the 147th Street Sidewalk Extension Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff have reviewed the pay request and found it to be satisfactory for work completed to date on this project. Staff recommends Council approve Pay Request No. 1 to Arnt Contracting in the amount of $63,725.62 for work completed to date on the 147th Street Sidewalk Extension Project. G.10 Approve Pay Request No. 2 to T.A. Schifsky for the North Sunset Lake Area Street Improvement Project The City of Hugo has received Pay Request No. 2 from T.A. Schifsky's for the North Sunset Lake Street Reconstruction Project. City Engineer Mark Erichson and Senior Engineering Technician Steve Duff have reviewed the pay request and found it to be satisfactory for work completed to date on this project. Staff recommends Council approve Pay Request No.2 to T.A. Schifsky in the amount of $286,611.82 for work completed to date on the North Sunset Lake Street Reconstruction Project. G.11 Approve Lease Agreement with Verizon Wireless for Cellular Equipment on Water Tower No.3 Staff has prepared a lease agreement for the installation of cellular equipment on Water Tower No. 3. This lease would allow Verizon Wireless to install antennas similar to the ones owned by T -Mobile that are already installed on the tower. When the water tower was built, space and access was designed specifically for the installation of such mobile antenna equipment. Staff is recommending Council approve a lease agreement with Verizon Wireless to allow the installation of antenna equipment on water tower no. 3. In return, Verizon Wireless will pay the City an annual rent of $24,000 with a 2.5% increase each year. H.1 Update on Fire Hall Roof Replacement At its July 5, 2017, meeting, the Council approved the hiring of a consultant to prepare plans and specifications for a new Fire Hall roof. Staff will provide Council an update. K.1 Yellow Ribbon Network Report Council Member Chuck Haas and Council Member Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. L.1 Reschedule September 4, 2017 Council Meeting to Tuesday, September 5, 2017 Due to Labor Day Holiday Each year, the Hugo City Council has to reschedule its first meeting in September due to the Labor Day Federal Holiday. City staff recommends Council approve the rescheduling of the September 4, 2017 City Council meeting to Tuesday, September 5, 2017. L.2 Comprehensive Plan Workshop on Tuesday, August 8, 2017 A workshop has been scheduled with the Parks Commission to discuss the 2040 Comprehensive Plan as it relates to parks. The workshop is scheduled for Tuesday, August 8, 2017, in the Oneka Room at 7 p.m. L.3 Schedule Citywide Bus Tour for Saturday, October 7 or 14, 2017 Annually, the Council has held a citywide bus tour for the Council, Commissions, City staff, and interested residents. This will be the 12th annual tour. Staff is recommending Council schedule the tour for Saturday, October 7th or Saturday, October 14th N. Adjournment IN MINUTES FOR THE HUGO CITY COUNCIL DREAM OF WILD HEALTH GRANT PRESENTATION JULY 13, 2017 PRESENT: Klein, Petryk, Haas ABSENT: Miron, Weidt ALSO PRESENT: City Administrator Bryan Bear The Council was invited to attend the grant presentation to the Dream of Wild Health located at 16085 Jeffrey Avenue North. This grant was from the Minnesota Super Bowl Host Committee for community -led efforts that focus on building a healthier, more active future for Minnesota's kids. The grant received $50,000. Respectfully Submitted, Bryan J. Bear City Administrator 0 O� MINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, JULY 17, 2017 Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, Etpce Director Ron Otkin, Accounting Clerk Anna Wobse, Planner Rachel Juba, Comm tmty Development Assistant Rachel Leitz, and City Clerk Michele Lindau °' h, Approval of the July 5, 2017 City Council Minutes h f5yG� '.''h, I '1 HUMP Klein made motion, Miron seconded, to approve the above in for�uly x,'2017 City Council �h r meeting as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Petryk seconded, to approve the agenda as presented. All Ayes. Motion carried. Presentation of 2016 Audit Report"- Jason Mill&.Smith Schafer & Associates Jason Miller from the independent accounting firm of Smith Schafer & Associates presented the Council with a recap of the audit of the City's finances for the 2016 fiscal year. Jason stated the audit was very efficient and smooth, and Hugo is one of the best City audits they perform. Jason reviewed revenues, expenditures, and general fund reserves stating Hugo's reserves are 60%, which exceeds the state auditor's recommendation of 35-50%. Miller commended the Council and Finance Department on the healthy operations of the City. In summary, he stated it was an unmodified audit opinion, and there were no Minnesota legal compliance exceptions. Miron made motion, Klein seconded, to formally accept the 2016 City Audit as recommended by Finance Director Ron Otkin. All Ayes. Motion carried. Swearing in of New Fire Department Engineers and Chief Engineer Firefighters Ron Gray, Rick Gregoire, Tom Kaspszak, and Roly Guareschi had been selected to fill engineering roles on the Hugo Fire Department, and Firefighter Doug Millard to fill the role of Chief Engineer. Hugo City Council Meeting Minutes for July 17, 2017 Page 2 of 5 Fire Chief Kevin Colvard performed the swearing in of the new engineers and chief engineer. He provided information on the roles of the engineers and what it took to earn that designation. He and the Council commended them for their work and talked about the importance of their commitment and the commitment of their families. Recognition of Bald Eagle Sportsmen's Association Donation to the YRN Bald Eagle Sportsman Association held an open house on Saturday, June 4, 2017, during which they collected donations for the Yellow Ribbon Network from the club and guests who visited that day. David Arcand from BESA explained they were celebrating their 75th anniversary of incorporation. The club has done well and has about 800 members. It is a completely volunteer association, and they are always looking for ways to improve what they do and help out in the community. On behalf of the YRN, Haas thanked them for the donation. Recognition of Planning Commissioner Bob Rosenquist At its June 19, 2017, meeting, Council accepted the resignation of Planning Commissioner Bob Rosenquist after 21 years of services. City Administrator Bryan Bear explained that Bob had begun his service in June of 1973 when the City first incorporated and had worked on the first Comprehensive Plan for the City. Meetings were held at the Hopkins Schoolhouse, which served as the town hall. Bob resigned after five years, and joined the Commission again in 2001. Bob is still currently serving on the Washington County District Conservation Board. Planning Commissioners Scott Arcand, Bronwen Kleissler, Ron McRoberts, and Corky Lessard were in attendance and individually spoke about their experiences working with Bob on the Commission. Council presented Rosenquist with a plaque thanking him for his years of volunteer service. Mayor Weidt called for a short recess. The meeting reconvened at 8:09 p.rn. Approval of the Consent Agenda Miron made motion, Klein seconded, to approve the following Consent Agenda items. 1. Approval of Claims 2. Approve Application for Lawful Gambling Exempt Permit for Family Pathways 3. Approve Resolution Approving an Encroachment Agreement for 13546 Fiona Circle North 4. Approve Proposal to Update the Alternative Urban Area Wide Review for Everton Avenue All Ayes. Motion carried. Hugo City Council Meeting Minutes for July 17, 2017 Page 3 of 5 Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Application for Lawful Gambling Exempt Permit for Family Pathways Family Pathways, 6413 Oak Street, North Branch, had applied for a Lawful Gambling Permit to hold raffles during a Sporting Clay Benefit to support Family Pathways. The benefit would be held at Wild Wings of Oneka on Friday, September 29, 2017. Adoption of the Consent Agenda approved the Lawful Gambling Exempt Permit for the Sporting Clay Benefit on September 29, 2017. Approve Resolution Approving an Encroachment Agreement for 13546 Fiona Cir. N. Nathan Matchey, 13456 Fiona Circle North, had applied for an encroachment agreement to allow construction of a 260 square foot accessory structure to be located within a drainage and utility easement on the property. Staff found the structure would have no negative impacts on the drainage or utilities located in the easement. Adoption of the Consent Agenda approved RESOLUTION 2017-24 APPROVING AN ENCROACHMENT AGREEMENT FOR NATHAN MATCHEY TO ALLOW CONSTRUCTION OF AN ACCESSORY STRUCTURE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 13546 FIONA CIRCLE NORTH. Approve Proposal to Update the Alternative Urban Areawide Review for Everton Avenue In January, 2002, the Council had adopted the Everton Avenue Neighborhood Final Alternative Urban Areawide Review (AUAR) as part of the Everton Avenue Neighborhood Study. Minnesota Rules 4410.3610, Subd. 7, requires the document to be reviewed and updated every five years until all development in the study area has received final approval. The AUAR was updated in the spring of 2007 and 2012, and staff informed Council it was time to update the AUAR again. If the AUAR expires, any development within the AUAR area that requires an environmental review would need to complete a separate Environmental Assessment Worksheet. Adoption of the Consent Agenda approved the proposal from WSB Engineering to update the AUAR and provide it for agency review. Update on the 2040 Comprehensive Plan Over the last few months there have been open houses, workshops and Commission meetings, on the 2040 Comprehensive Plan. Planner Rachel Juba reviewed the six meetings held to date. She stated she felt the process was going very well, and there had been good participation. No significant issues had been raised, and they are still looking for feedback. Juba talked about the eastern rural planning workshop held June 13, 2017, to discuss areas outside of the Metropolitan Urban Service Area (MUSA). Attendees were asked to fill out comment sheets and rate preferences. A majority of response were in favor of keeping the ten acre minimum parcel size, thought the City should consider a cluster ordinance and plan for no Hugo City Council Meeting Minutes for July 17, 2017 Page 4 of 5 sewer. Juba talked about the eastern Hugo study and the desire to have it completed in order to determine the feasibility of servicing the rural area. The council discussed the need to communicate with the Metropolitan Council and have neighborhood meetings. Staff is still working on what information should be provided to them. An open house/workshop had been scheduled with the Parks Commission for August 8, 2017. Miron made motion, Klein seconded, to schedule a meeting to attend the Auguste 2017, workshop at 7 p.m. All Ayes. Motion carried. Update on the Beaver Ponds Sanitary Sewer Proiect .8 City Engineer Mark Erichson updated the Council on the Beaver Ponds sanitary sewer project. He described the issue with the sag in the sanitary sewer line in Beaver Ponds and the necessity to rapidly move forward with the repairs. The pipe is located about 20 feet below the wetland and near Koch pipeline. He explained that bids were received for the project on Thursday, July 6, 2017, and were opened and read aloud. A total of five bids were received. The bids were checked for mathematical accuracy and tabulated and there are no errors made on the Proposal Form. The Engineer's Estimate was $258,466.00. The bid tabulation indicates the low bidder as Geislinger & Sons, Inc., Watkins, Minnesota, in the amount of $232,410.00. Due to the urgent nature of the project, Council had previously authorized staff to proceed in an expedited fashion and have thus awarded a contract to Geislinger and Sons, Inc. A preconstruction meeting is scheduled for July 18, and staff has been in contact with residents. Erichson informed Council that an agreement was reached with Kevin Peltier for a utility easement to move the main. This will allow them to move forward with plans immediately. Yellow Ribbon Network Update Council Members Chuck Haas and Phil Klein reported on the recent activities of the Hugo's Yellow Ribbon Network activities. A YRN crew help move a Korean War Veteran from White Bear Lake to Maplewood. Burger Night was sponsored by three business: Boyds Promotions, Title Smart, and Greater Midwest Reality. A member of the 133rd Air Wing unit in Milwaukee needs to come home for medical reasons. The YRN helped them find housing for the family for three months. The Excel Energy group will help pay for this. A police unit has been deployed to Guantanamo Bay. The YRN is arranging a spa day for the wives. The Lions Golf Classic will be held at Oneka Ridge next month to support the YRN. National Night Out Tuesday, August 1, 2017 City Administrator Bryan Bear informed Council that National Night Out was scheduled for Tuesday, August 1, 2017. The Council was invited to ride along with the Fire Department to various neighborhood events. Hugo City Council Meeting Minutes for July 17, 2017 Page 5 of 5 Weidt made motion, Haas seconded, to schedule a meeting to attend National Night Out events on Tuesday, August 1, 2017. All Ayes. Motion carried. Set Midyear Budget Review Meeting during Week of August 21-25, 2017 City Administrator Bryan Bear requested Council schedule the midyear budget review meeting during the week of August 21 -August 25. Miron made motion, Petryk seconded, to schedule August 22, 2017, at 3:30 p.m. for the midyear budget review workshop. Adiournment Klein made motion, Miron seconded, to adjourn at 8:55 p.m. (Z; All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk RC1'' IN MINUTES FOR THE HUGO CITY COUNCIL NATIONAL NIGHT OUT AUGUST 1, 2017 PRESENT: Klein, Miron, Weidt ABSENT: Haas, Petryk ALSO PRESENT: City Administrator Bryan Bear National Night Out was held on Tuesday, August 1. The Council met at Hugo City Hall at 5 p.m. and was accompanied by Washington County Commissioner Fran Miron to several neighborhoods holding National Night Out events. Respectfully Submitted, Michele Lindau City Clerk 0 City of Hugo Seizure Smart Work Plan — DRAFT In partnership with Epilepsy Foundation of Minnesota (EFMN) • EFMN Communication Piece in Newsletter: o Announce City's plan to become Seizure Smart o EFMN logo o Intro with stats o Quick facts about how best to respond o Direct readers to website • Provide Seizure Recognition and Response Training to City Staff: o Provide refresher course to fire staff during an upcoming weekly training o Use fire department to train City staff o Include seizure safe training in annual emergency response training for City staff o Provide training to senior caregivers • involve Schools Seizure Smart Training: o Train students staff and school nurses - ■ EFMN provides flexible training options in a variety of scales. (From school assemblies to private presentations) Schools will decide on a plan to best fits their needs. • Distribute EFMN Materials in Community Centers: o i.e. brochures and flyers to spread awareness • Commercial Areas • City Hall • Public Works • Food Shelf • Schools • Churches • Parks • Senior Homes City of Hugo Claims August 7, 2017 G. 1 Vendor Invoice Amount Description Department ACME Tools 5079758 $ 104.68 Shop Tools Public Works Alex Air Apparatus Inc 33386 $ 404.90 Storz Couplers Fire Dept Alex Air Apparatus Inc 33275 $ 416.00 Air Compressor Parts & Repairs Fire Dept AI's Coffee Company 154992 $ 196.25 Breakroom Supplies Gen Gov't Bldgs AI's Coffee Company 154993 $ 127.95 Breakroom Supplies Public Works _ Aquatec Irrigation Service Inc 16026 $ 260.00 Irrigation Backflow Testing Parks Dept Amt Construction Company Inc 29508 $ 135.12 Sand Parks Dept Aspen Mils 200628 $ 523.00 Jacket, Boots, EMS Pants, Shirts, Etc Fire Dept Aspen Mils _ 200629 $ 377.55 Radio Holders & Straps Fire Dept Aspen Mils 201121 $ 72.00 Patches Fire Dept Bald Eagle Builders Inc 2017-45 $ 4,050.00 Fence Install - 147th Street Sidewalk Extension Street Reconstruction Battery Products Inc 54356 $ 69.59 AA & 3V Batteries Fire Dept Birch Building/Lawn Management Inc 24873 $ 1,811.45 Landscape Repairs - Victor Square Park Parks Dept Blue Tarp Financial Inc 363084315 $ 47.95 Hose Nozzles & Hardware Public Works Century College 647755 $ 1,200.00 2017 CEU Firefighter Program Fire Dept Century Link 651429-3212 $ 69.37 Fire Station Phone Lines Fire Dept Century Link 651 653-1154 $ 57.95 SCADA Lines _ Water & Sewer Comcast 7/11/2017 $ 239.85 Business Internet (thru August 20) Administration Comcast 7/18/2017 $ 155.77 Business Internet (thru August 27)_ Fire Dept Comcast 7/26/2017 $ 150.92 Business Internet (thru September 5) Public Works Connelly Industrial Electronics 10744 $ 103.21 Tech Labor - Well No. 6 _ Water Utility Connelly Industrial Electronics i 10734 $ 11,785.00 Parts & Labor - Lift Station No. 3 (Panel) Sewer Utility Connelly Industrial Electronics 10766 $ 204.28 Tech Labor - Well No. 6 Water Utility Connelly Industrial Electronics 10767 $ 456.42 Tech Labor - Well No. 6 Water Utility Connexus Energy DMG0000463 $ 2,021.98 Streetlight Repairs - CSAH 8 Street Dept Custom Fire Apparatus Inc 0017727 -IN $ 4,523.00 Repairs - Unit #4215 Fire Dept De Lage Landen Financial Services Inc 55319532 $ 311.37 July Copier Lease Payment Administration Envirotech Services Inc CD201715830 $ 39,040.19 Chloride Application (Dust Control Project) Street Dept ESS Brothers & Sons Inc XX4565 $ 7,409.50 Ad;ustable Rings, Wrap & Sealant Stormwater Fund ESS Brothers & Sons Inc XX4946 $ 1,479.00 Frame, Sealant & Supplies Stormwater Fund ESS Brothers & Sons Inc XX5167 $ 495.00 Sealant Stormwater Fund FPI Paving Contractors Inc 1707119.00 $ 1,386.00Tack Oil Street Dept FPI Paving Contractors Inc 1.707119.00 $ 1,150.00 Roller Rental (Dust Control Project) Street Dept G & K Services June $ 336.42 Cleaning Supplies Various G & K Services June $ 1,107.58 Uniform & Floor Mat Services Various G & K ServicesJune a $ 665.85 Supplies & Floor Mat Services Fire Dept Gopher State One Call 7070457 $ 341.55 July Service Charges Water & Sewer Gray, Ronald CLAIM $ 59.40 Mileage Fire Dept Guareschi, Jodie CLAIM $ 110.55 Utilisy Bill Folding {Office Max) Water/Sewer Hisdahl Inc 16198 $ 64.00 Plaque (Commissioner Rosenquist) Planning & Zoning Holiday Companies 85141122 $ 12.90 Fuel Public Works Holiday Companies 90034135 $ 116.53 Propane - Unit #330 Street Dept Holiday Companies 101922140 $ 14.26 Fuel Public Works Holiday Companies 72930040 $ 14.69 Fuel Public Works Home Depot Credit Services 4153282 $ 313.00 Lawn Edger - Unit #482 Parks Dept Home Depot Credit Services 2564576 $ 28.86 Shop Supplies Public Works Hugo Equipment Company 116357 $ 375.20 Parts- Unit#318 Parks Dept Hugo Equipment Company 116357 $ 539.00 Parts - Unit #319 _ Parks Dept Hugo Equipment Company 116698 $ 64.49 Oil Public Works Hugo Equipment Company 116474 $ 672.54 Parts -Unit #318 (Parts Parks Dept Hugo Equipment Company 117206 - $ 11.37 - -Unit #309 -- rSupplies Parks Dept Hugo Feed Mill I 21946-2 $ 11.80 - Well No. 2 Water Utility Hugo Feed Mill 34970-1 $ 38.95 Herbicide Parks Dept Hugo Feed Mill 22227-2 $ 31.90 Grass Seed Mix & Fertilizer Parks Dept Hugo Feed Mill 35778-1 $ 4.99 Hardware - Well No. 6 Water Utility Hugo Feed Mill 22974-2 $ 8.73 Supplies - North Sunset Lake Street Imps. Street Reconstruction Hugo Feed Mill 36516-1 $ 22.75 Shu Dies - North Sunset Lake Street Imps. Street Reconstruction Husnik Homes Inc 1096 $ 2,744.18 Fencing Materials - 147th Street Sidewalk Extension Street Reconstruction Innovative Office Solutions LLC IN1679542 $ 151.96 Copy Paper Administration Innovative Office Solutions LLC IN1679542 $ 110.16 Label -s& -Binder Clips Administration Innovative Office Solutions LLC IN1679542 $ 95.96 Speakers, Metal File, Pens & Notepads Community Development Innovative Office Solutions LLC IN1679542 $ 69.11 Appointment Book & Pens -Testing Building Inspections Instrumental Research Inc 316 $ 100.00 Water Bacteria Water Utility Integra Telecom-Allstream 14775900 $ 91.39 1 Fax Lines Administration International Institute of Municipal Clerks 2017 $ 160.00 12017 Membership Dues - Michele Lindau City Clerk Jefferson Fire & Safety Inc 238761 $ 84.04 1 Repairs - TIC Battery Charger __. Fire Dept _ Johnson/Turner June $ 4,297.96 'June Prosecution Fees (Flat Fee) General Legal Johnson/Turner June $ 294.95 i June Disbursements (Prosecution Costs) General Legal Johnson/Turner June $ 1,968.75 June Civil Legal Fees - See Attached Breakdown General Legal Page 1 City of Hugo Claims August 7, 2017 G. 1 Vendor Invoice Amount Description Department Kieffer, Rick CLAIM $ 114.15 Work Boot Reimbursement Street Dept Kieffer, Rick CLAIM $ 1,613.65 Fencing Materials - 147th Street Sidewalk Extension Street Reconstruction Kieffer, Rick CLAIM $ 19.63 Fencing, Materials - 147th Street Sidewalk Extension Street Reconstruction Knowlan's Super Markets Inc 229 $ 23.94 Meeting Supplies Fire Dept Knowlan's Super Markets Inc 2148 $ 31.73 Meeting Supplies {Comp Plan Open House) Planning & Zoning Knowlan's Super Markets Inc 3622 $ 25.92 Meeting Supplies Fire Dept Knowlan's Super Markets Inc 7572 $ 5.69 Storage Bags Water Utility Landform 26017 $ 6,485.80 2040 Comp Plan Planning & Zoning M.J. Raleigh Trucking Inc 6/30/2017 $ 1,999.14 Washed Sand Street Dent MailFinance N6649816 $ 55.70 Meter Rental - June Administration MailFinance N6649815 $ 55.70 Meter Rental - July Administration MailFinance N6649815 $ 55.70 Meter Rental - August Administration Mats for Splats _ 346464 $ 319.49 Rubber Mats Fire Deot Menards 57290 $ 39.00 Wasp & Hornet Spray Parks Dept Menards _ 57290 $ 93.92 Trash Baas Parks Dept Menards 57290 $ 115.56 Lumber & Saw Blades Stormwater Fund Menards 58014 $ 149.99 Dehumidifier - Well No. 3 Water Utility Menards 58014 $ 15.97 Hardware - Well No. 3 Water Utility Menards 57969 $ 288.16 Fire Department Supplies Fire De. -,t Menards 58538 $ 71.96 Fencing Materials - 147th Street Sidewalk Extension Street Reconstruction Minnesota Cleaning Services Inc 0817/3002 $ 605.00 July Cleaning Service Gen Gov't Bldgs Minnesota Cleaning Services Inc 0817P004 $ 500.00 July Cleaning Service Public Works Minnesota Cleaning ServicesInc 0817/3004 $ 225.00 July Cleaning Service Fire Dept Minnesota Cleaning Services Inc 0817P003 $ 100.00 July Cleaning Service - Hanifl Parks Dept Minnesota Department of Health 12069 $ 23.00 Water Operator Renewal - Dave Greeder Water Utility Minnesota Department of Health 4959 $ 23.00 Water Operator Renewal - Thomas Smith Water Utility Minnesota Pipe & Equipment T 381326 $ 2,672.00 Hydrant Modification Kit Water Utility Minnesota/Wisconsin Playground 2017189 $ 268.00 Dome Lids Parks Dept MN City/County Management Assoc Dues $ 166.00 MCMA Membership Dues - Bryan Bear Administration MN Dept of Labor & Industry ABR01670081 $ 30.00 Pressure Vessel Registration Fees Public Works MN De -,,t of Labor & Industry ABR01670271 $ 10.00 Pressure Vessel Registration Fees Fire Dept Polar Chevrolet 14885 $ 73.42 Parts - Unit #108 Water & Sewer Polar Chevrolet 15670 $ 72.84 Parts - Unit #106 Building Inspections Polar Chevrolet 15476 $ 104.19 Parts - Unit #106 Building Inspections Press Publications 560277 $ 147.56 Ordinance 2017-483 Ordinances/Proceedings Press Publications 560279 $ 137.02 Ordinance 2017-484 Ordinances/Proceedings Press Publications 560280 $ 229.25 Summary Financial Report Ordinances/Proceedings Press Publications 560281 $ 221.34 Statement of Net Position Ordinances/Proceedings Press Publications 560282 $ 181.82 Statement of Revenues & Expenses Ordinances/Proceedings Press Publications 560284 $ 197.63 Statement of Cash Flows Ordinances/Proceedings Press Publications 560535 $ 21.08 Planning Commission Vacancy Notice Ordinances/Proceedings Press Publications 558898 $ 215.53 Advertising Inserts - Parks Brochures Parks Dept Press Publications 559032 $ 215.53 Advertising Inserts - Parks Brochures Parks Dept Press Publications 561849 $ 36.89 Planning Commission Public Hearing Notice Ordinances/Proceedings Press Publications 561850 $ 42.16 Planning Commission Public Hearing Notice Ordinances/Proceedings Rabouin Inc CLAIM $ 3,000.00 2018 Assessment - Partial Billing #7 Assessor Rapid Press Printing & Copy Center Inc 48675 $ 282.00 Tour de Hugo Supplies Parks Dept Rehbeins Black Dirt 7942 $ 300.00 Pulverized Black Dirt Parks Dept SiteOne Landscape Supply LLC 81655888 $ 81.65 Irrigation Hardware - CSAH 8 Street Dept SiteOne Landscape Supply LLC 81730008 $ 448.80 Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 81811228 $ 1,391.08 Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 81863552 $ 94.78 Irrigation Hardware - CSAH 8 Street Dept SiteOne Landscape Supply LLC 81863552 $ 60.02 Herbicide - CSAH 8 Street Dept Sun Life Financial August $ 696.45 Disability Premium Finance Dept T -Mobile 870254054 $ 36.19 Cellular Phone Charges Administration T -Mobile 870254054 $ 1,242.31 Cellular Phone Charues Various Toshiba Financial Services 334757812 $ 214.98 August Copier Lease Payment Fire Dept Toshiba Financial Services 334757812 $ 3.23 Overage Charges (B & W) Fire Dept Toshiba Financial Services 334757812 $ 13.97 Overage Charges (Color) Fire Dept Town of May 7/17/2017 $ 1,392.00 Dust Control - Keystone Avenue (1/2! Street Dept Verizon Wireless 9788683224 $ 636.56 Cellular Phone Charges Fire Dept Viking Industrial Center 3113687 $ 116.64 Eye Wash & Gloves Public Works Washington County Conservation District 3842 $ 625.00 East Metro Watershed Membership - Duff Stormwater Fund Weidt, Kim INVOICE $ 40.00 Meeting Supplies Planning & Zoning Weigel Sins, Bill 17-304 $ 24.00 Nameplate - Sarah Rumppe Community Development Witmer Public Safety Group 1785353 $ 15.87 Helmet Decals Fire Dept Xcel Energy 51-8033820-9 $ 23,391.88 Electrical Service - Water's Edge Stormwater Reuse Stormwater Fund Ziegler Inc SW200066205 $ 2,008.02 Repairs - Unit #326 Street Dept Total Claims for August 7, 2017 $ 150 185.51 Page 2 JOHNSON/TURNER -LEGAL-- July 13, 2017 City of Hugo Attn: Ron Otkin 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Ron: Enclosed, please find our billing statements for the City of Hugo as of June 30, 2017. Below is a summary of the matter description, subtotal and total amount due and owing for the attached statements: MATTER Deutsche Bank Litigation General 2017 Suko Matter _ Prosecution TOTAL NOW DUE: MATTER I.D. 17-2359-044 17-2359-043_ 17-2359-045 12-2359-024 SUBTOTAL $15.00 $1,601.25 $352.50 $4,592.91 $6,561.66 Please feel free to contact me if you have any questions regarding the billing statements. Sincerely, JOHNSO URNER LEGAL David K. Snyder DKS/ma h Enclosures 56 East Broadway Avenue, Suite 206 / Forest Lake, MN 55025 / p 651.464.7292 f 651.464.7348 johnsonturnercom FOREST LAKE/ LAKE ELMO / WOODBURY / BLAINE MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: conducts lawful gambling on five or fewer days, and awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. ORGANIZATION INFORMATION 671, .5 4/17 Page 1 of 2 Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. Organization b m Previous Gambling Name: _!tel �� 4 �14A f4 I Z3 r4!5V6 �Irlry Permit Number: h Minnesota Tax ID Number, if any: _ Federal Employer ID Number (FEIN), if any: Mailing Address: 4 d DG4, r City: �- �% State: A Zip: tZ_ County: r- / Name of Chief Executive Officer (CEO): A o�� ��ir�d7'�� — LaCsL-f— e�'aAtre--✓1 ti! A rte-- t' Daytime Phone: �o ti - �!/ C (:� fl (v Email: jkpkZ� 6 NONPROFIT STATUS Type of Nonprofit Organization (check one): JSpe,ib &-v Fraternal Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): AA16d Physical Address (do not use P.O. box): a o 1 b kc O ki-44'k- ,I City or Township: '� i rU4Xjkre-1— Zip: County: t� � Date(s) of activity (for raffles, indicate the date of the drawing): t Check each type of gambling activity that your organization will conduct: =Bingo Paddlewheels Pull -Tabs =Tipboards 171 Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $D DDD } Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900. LG220 Application for Exempt Permit 4/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits =The application is acknowledged with no waiting period. =The application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). =The application is denied. Print City Name: Signature of City Personnel: Title: Date: The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises located in a township L__Jfhe application is acknowledged with no waiting period. :::1he application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print County Name: Signature of County Personnel: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: Date: 1— CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to th rd within 30 days of the event date. Chief Executive Officer's Signature: Date: –)' /; 7 (Sig be CEO's signature; designee may not sign) Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer CITY OF EST. 1906 14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mn.us TO: Honorable Mayor Tom Weidt and Members of the City Council FROM: Ron Otkin, Finance Director SUBJECT: Agreement for Municipal Advisor Services with Springsted Inc. DATE: For the City Council Meeting of August 7, 2017 REQUESTED COUNCIL ACTION Motion to approve an Agreement for Municipal Advisor Services with Springsted, Inc. and authorizing the City Administrator to execute the Agreement. AGREEMENT The agreement clarifies what services will be provided to the City of Hugo (upon request) and sets the level of compensation for the following four primary services: 1) General Municipal Advisory Services 2) Securities Issuance 3) Arbitrage Monitoring Services 4) Continuing Disclosure Services REASON FOR AGREEMENT Following the Great Recession of 1998 Congress approved legislation commonly called the Dodd -Frank Wall Street Reform and Consumer Protection Act. The legislation requires that municipal advisors be registered with the Securities and Exchange Commission and disclose to their municipal clients what services they provide and the cost of such services. LENGTH OF AGREEMENT The Agreement will remain in place until terminated by either party for any reason upon thirty (30) days written notice to the other party. RECOMMENDATION The Finance Department has reviewed the proposed agreement and recommends City Council approval. ATTACHMENT Agreement for Municipal Advisor Services AGREEMENT FOR MUNICIPAL ADVISOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement") is made as of the 21 day of July, 2017 (the "Effective Date"), by and between the City of Hugo, Minnesota ("Client") and Springsted Incorporated ("Advisor"). WHEREAS, the Client wishes to retain the services of the Advisor on the terms and conditions set forth herein, and the Advisor wishes to provide such services; and NOW, THEREFORE, the parties hereto agree as follows: 1. Dodd -Frank Compliance. Springsted is a Municipal Advisor as defined in Section 15B of the Securities Exchange Act of 1934 and as amended by Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act. For purposes of any Municipal Advisor Services rendered by Advisor, Springsted affirms that it is registered as a Municipal Advisor and in good standing with both the Securities and Exchange Commission (registration #867-00226) and the Municipal Securities Rulemaking Board (registration #K0457). The Advisor shall maintain such registration and compliance with applicable laws and regulations as they pertain to Municipal Advisors during the term of this Agreement. 2. Engagement; Duties. On the terms and conditions set forth herein, Client hereby engages Advisor as its Municipal Advisor. Advisor shall provide those services described in Appendix A to Client on an as -requested basis by Client; provided, however, that Advisor's obligations under this Agreement shall be expressly limited to such services. Notwithstanding the foregoing, if Client requests Advisor to provide services in connection with a particular municipal issuance -related matter and the parties agree that the services that will be required to be provided in connection therewith differ in scope from those services set forth on Appendix A, the parties shall negotiate a mutually agreeable set of services that will be provided by Advisor to Client. Upon the parties' agreement to a particular set of alternate services, Advisor shall deliver to Client an addendum to this Agreement (an "Addendum"). Any such Addendum shall set forth the scope of Advisor's engagement with respect to such municipal issuance -related matter, as well as any alterations to the terms of this Agreement that may have been agreed upon by the parties in connection with such alternate services. Client authorizes its City Administrator ("Client Representative") to discuss with Advisor the terms of any such Addendum, and authorizes Client Representative to consult with other Client staff or counsel in order to take any and all actions necessary to negotiate, receive, acknowledge or undertake any other step(s) necessary to effectuate any such Addendum on behalf of Client. 3. Compensation and Expenses. Client shall compensate the Advisor and be responsible for the payment of such expenses as set forth on, and in accordance with, Appendix B attached hereto. Unless otherwise noted in Appendix B, compensation shall be due to the Advisor within thirty (30) days of the invoice date. The fees set out herein shall be effective for the twelve (12) month period immediately following the Effective Date and shall extend to any service provided by the Advisor pursuant to this Agreement within said 12 -month period. Thereafter, the Advisor's compensation shall be at the rates charged other similar clients as of the time a Debt Obligation is commenced. 4. Term and Termination. This Agreement shall be effective as of the Effective Date and shall remain in effect until terminated by either party for any reason upon thirty (30) days prior written notice to the other party. Provided, however, that a termination of this Agreement shall not relieve Client of its obligations to pay Advisor for all services rendered and reimbursable expenses incurred prior to the effective date of termination. 5. Indemnification: Sole Remedy. The Client and the Advisor each hereby agree to indemnify, defend and hold the other harmless from and against any and all losses, claims, damages, expenses, including without limitation, reasonable attorney's fees, costs, liabilities, demands and cause of action (collectively referred to herein as "Damages") which the other may suffer or be subjected to as a consequence of any act, error, material misstatement or omission of the indemnifying party in connection with any information provided, or the performance or nonperformance of its obligations hereunder, less any payment for damages made to the indemnified party by a third party. Notwithstanding the foregoing, no party hereto shall be liable to the other for Damages suffered by the other to the extent that those Damages are the consequence of: (a) events or conditions beyond the control of the indemnifying party, including without limitation, changes in economic conditions; (b) actions of the indemnifying party which were reasonable based on facts and circumstances existing at the time and known to the indemnifying party at the time the service was provided; or (c) errors made by the indemnifying party due to its reliance on facts and materials provided to the indemnifying party by the indemnified party. Neither party shall be entitled to indemnification under this Agreement for Damages related to any service provided hereunder more than three years prior to the date on which a claim for indemnification is first asserted in writing and delivered to the party from which indemnification is asked. Whenever the Client or the Advisor becomes aware of a claim with respect to which it may be entitled to indemnification hereunder, it shall promptly provide written notice to the other, which shall include a description of the nature of the claim. If the claim arises from a claim made against the indemnified party by a third party, the indemnifying party shall have the right, at its expense, to contest any such claim, to assume the defense thereof, to employ legal counsel in connection therewith, and to compromise or settle the same, provided that any compromise or settlement by the indemnifying party of such claim shall be deemed an admission of liability hereunder. The remedies set forth in this section shall be the sole remedies available to either party against the other in connection with any Damages suffered by it. 6. Confidentiality; Disclosure of Information. 6.1 Client Information. All information, files, records, memoranda and other data of the Client which the Client provides to the Advisor, or which the Advisor becomes aware of in the performance of its duties hereunder ("Client Information"), shall be deemed by the parties to be the property of the Client. Advisor may disclose Client Information to third parties in connection with the performance by it of its duties hereunder. 6.2 Advisor Information. The Client acknowledges that, in connection with the performance by the Advisor of its duties hereunder, the Client may become aware of internal files, records, memoranda and other data, including without limitatioflegan computer programs of the Advisor ("Advisor Information"). The Client acknowledges that all Advisor Information, except reports prepared by the Advisor for the Client, is confidential and proprietary to the Advisor, and Client agrees that it will not, directly or indirectly, disclose the same or any part thereof to any person or entity except upon the express written consent of the Advisor. Conflicts of Interest. Client acknowledges that it has received those disclosures set forth and contained within Appendix C attached hereto and incorporated herein by reference. Client further acknowledges that it has been given the opportunity to raise questions and discuss the above -referenced matters with Advisor and that it fully appreciates the nature of these conflicts and corresponding disclosures. Client hereby waives such conflicts. In the event any conflict arises during the term of this Agreement, Advisor will promptly disclose the same. Upon receiving any additional disclosures, Client agrees that it will carefully consider any such conflicts, will seek independent advice if it determines it is appropriate, and will, in a writing executed by Client Representative, specifically acknowledge the conflict(s) and, so long as Client believes that Advisor is able to appropriately manage the above -referenced conflicts, authorize Advisor to proceed with the engagement. Dispute Resolution. Upon any dispute under this Agreement, and for a period of 30 days following written notice of a claim or dispute, the senior management of the parties shall first attempt to resolve the dispute informally. If informal dispute resolution is unsuccessful, within 30 days thereafter, the parties shall submit the matter to non- binding mediation before a mutually agreed, certified, neutral third party mediator. If the parties cannot agree upon a mediator, the matter shall be submitted to the American Arbitration Association, Commercial Mediation Division, for selection of a mediator. The parties shall share the cost of the mediator and pay their own mediation expenses and attorney fees. If mediation is unsuccessful, the parties may pursue all available legal and equitable remedies. 9. Miscellaneous. 9.1 No Underwritiri Participation. The Advisor shall not during the term of this Agreement directly or indirectly engage in the underwriting of any securities issuance. 9.2 Deler,ation of Duties. The Advisor shall not delegate its duties hereunder to any third party without the express written consent of the Client. 9.3 No Third Party Beneficiary. No third party shall have any rights or remedies under this Agreement. 9.4 Entire Contract: Amendment. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written or oral negotiations, understandings or agreements with respect hereto. This Agreement may be amended in whole or in part by mutual consent of the parties, and this Agreement shall not preclude the Client and the Advisor from entering into separate agreements for other projects. 9.5 Governing Law. The parties agree and acknowledge that any action brought for breach of this Agreement or to enforce any of its provisions shall be brought in Ramsey County District Court, Minnesota. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.6 Change in Laws or Regulations. The parties agree and acknowledge that changes in law or regulations issued by federal or state authorities may affect the terms of this Agreement. If there are any changes in law or regulations made after the date of this Agreement, the Client agrees to amend this Agreement if required, to maintain compliance with all applicable laws and regulations. Unless stated otherwise in this Agreement, Advisor may amend this agreement at any time by providing thirty (30) days advance written notice to Client. If no objection is made by the client within thirty (30) days following delivery of such notice, Advisor will assume Client's inactivity constitutes consent. 9.7 Severability. To the extent any provision of this Agreement shall be determined invalid or unenforceable, the invalid or unenforceable portion shall be deleted from this Agreement, and the validity and enforceability of the remainder shall be unaffected. 9.8 Notice. All notices required hereunder shall be in writing and shall be deemed to have been given when delivered, transmitted by first class, registered or certified mail, postage prepaid and addressed as follows: If to the Client: City of Huao 14669 Fitzgerald Avenue North Hugo, MN 55038 Attention: Bryan Bear If to the Advisor, to: SSpringsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Attention: Managing Principal The foregoing Agreement is hereby entered into on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED INCORPORATED Bryan Bear Bonnie Matson Print Name Print Name Citv Administrator —_ ,. . ..............._ Principal ---- — Title Title APPENDIX A OF AGREEMENT BETWEEN City of Hugo, Minnesota AND Springsted Incorporated Effective as of July 21, 2017 SCOPE OF SERVICES A. General Municipal Advisory Services Unless otherwise agreed to by the parties, in connection with any request for services relative to any financial topic, new project concept planning or other financially related topic or project (each referred to herein as a "Project"), the Advisor shall perform the following services, as applicable: 1. Provide general financial advice relative to a Project. 2. Survey the resources available to determine the financial feasibility of a Project. 3. Assist in the development of a plan or plans for a particular Project that may be available and appropriate for such Project. 4. Recommend to the Client a plan for any Project. 5. Advise the Client on current market conditions, federal, state or other law considerations, and other general information and economic data that might be relevant to any Project. 6. Assist Client in coordinating the activities between various parties to any Project as needed. 7. Assist Client in selecting and, working with, members of a working group to procure services deemed necessary to a Project. Services that may be procured may include, but are not limited to: general counsel; special tax counsel; credit facilities; credit rating; and engineering or design services. 8. Assist with the review of all documents, including but not limited to any governing body resolutions, purchase agreement, and any other relevant documents. 9. Assist the Client with other components of a Project as requested and agreed upon. 10. Coordinate with the proper parties and oversee the completion of each Project. B. Securities Issuance Unless otherwise agreed to by the parties, in connection with any request for services relative to any new money issuance, refunding of a prior issuance or other financings (each referred to herein as a "Transaction"), the Advisor shall perform the following services, as applicable: 1. Provide general financial advice relative to any Transaction. 2. Survey the financial resources of the Client to determine its borrowing capacity and analyze existing debt structure as compared to the existing and projected sources of revenues. 3. Assist in the development of a plan or plans for the financing or refinancing of any improvements through the issuance of general bond obligations, loans and/or notes, school bonds, revenue or refunding bonds, or other type of financing alternatives that may be available and appropriate for the particular issuance ("Debt Obligations"). A-1 4. Recommend to the Client an amount, the maturity structure, call provisions, pricing, and other terms and conditions of the Debt Obligation. 5. Advise the Client on current market conditions, forthcoming bond, loans and note issues, federal, state or other tax law considerations, and other general information and economic data that might normally be expected to influence the interest rates of the financing. 6. Assist the Client in the analysis of and the selection of a credit rating firm or Firms for the Debt Obligation and further assist in the development and presentation of information to obtain a credit rating or credit ratings for the Debt Obligation. 7. Advise the Client on utilizing credit enhancement and provide assistance in seeking such credit enhancement if, in the opinion of the Advisor, such credit enhancements would be advantageous to the Client. 8. Assist Client in coordinating the financing activities between various parties to any Transaction as needed. 9. Assist Client in selecting and, working with, members of a working group to procure services deemed necessary to the issuance or post -issuance requirements of the Debt Obligation. Services that may be procured may include, but are not limited to: bond counsel; special tax counsel; disclosure counsel; trustee selection; paying agent selection; credit facilities; underwriter; and printing services. 10. Assist with the review of all financing documents, including but not limited to the preliminary and final offering statement, any governing body resolutions, purchase agreement, and any official notice of sale. 11. Communicate with potential underwriters or investors, as appropriate to any Transaction, to ensure that each is furnished with the information they need to render an independent, informed purchase or investment decision concerning the Client's proposed financing. 12. Coordinate with the proper parties and oversee the closing process so as to ensure the efficient delivery of the Debt Obligations to the applicable purchaser. C. Arbitrage Monitoring Services Upon receipt of written authorization by the Client to proceed, Advisor shall, based on information supplied by Client, make arbitrage calculations (to include for purposes of this document, rebate and yield reduction calculations) required by Section 148 of the Internal Revenue Service ("IRS") Code and related U.S. Treasury regulations with respect to specified Debt Obligations for the period of time designated for any such Debt Obligation. In carrying out its duties, the Advisor shall periodically, for each specified Debt Obligation: 1. Determine the yield on the applicable Debt Obligation; 2. Determine if spending exceptions have been met; 3. Determine the amount of any arbitrage payment due the IRS; 4. Notify Client and/or its designee of any liability amount; 5. Prepare for submission by Client the form/s with which to submit any payment amount due to the IRS at the appropriate intervals throughout the term of the engagement relative to each specified Debt Obligation; Client agrees to timely provide the Advisor with accurate information concerning cash and investment activity within all funds relative to the subject Debt Obligations. The information to be provided shall include: 1. Deposits and withdrawals of proceeds or money from other sources within any funds subject to the IRS arbitrage rules; 2. Payments of principal and interest on the Debt Obligations; and 3. All investment activity including: a) Date of purchase or acquisition; A-2 b) Purchase price of investments including any accrued interest; c) Face amount and maturity date; d) Stated rate of interest; e) Interest payment dates; f) Date of sale, transfer, or other disposition; g) Sale or disposition price; and h) Accrued interest due on the date of sale or disposition; 4. Any other information necessary for the Advisor to make the calculations required for the specified Debt Obligation. D. Continuing Disclosure Services Upon receipt of written authorization from the Client to proceed, Advisor shall, based on the information supplied thereby, assist Client in satisfying its obligations for specified Debt Obligations under any applicable continuing disclosure undertaking executed by and requiring the Client to provide certain financial information and operating data and timely notices of the occurrence of certain events determined to be significant to investors. Such assistance will include the following for each specified Debt Obligation: 1. Compile, as needed, and file an annual report according to the continuing disclosure undertaking (the "Undertaking") executed by Client pursuant to SEC Rule 15c2 -12(b)(5) for the Debt Obligation(s) for submission by Client to the Municipal Securities Rulemaking Board (MSRB) and the State Information Depository (SID), as applicable. The annual report will generally include: a) An annual audited financial statement to be prepared by Client's accountants. b) Updates of certain specified operating and financial data if not included in the annual audited financial statement. 2. Monitor through periodic requests for information, the significant events listed in the Undertaking and assist, as necessary, in the drafting and filing of a significant event notice relative thereto. 3. Advisor will furnish a receipt of filing for any continuing disclosure filing made within 30 days after its submission to the MSRB. Client agrees to provide the Advisor with accurate information with respect to compiling the annual report in a timely manner and to fully disclose to Advisor any significant events as they occur. A-3 APPENDIX B OF AGREEMENT BETWEEN City of Hugo, Minnesota Springsted Incorporated Effective as of July 21, 2017 A. COMPENSATION FOR SERVICES RELATING TO CLIENT'S DEBT OBLIGATIONS 1. a. General obligation debt: Base fee of $7,500 for a bond issuance, plus $5 per $1,000 for the first $2,500,000 of bonds issued $1 per $1,000 for amounts over $2,500,000 of bonds issued b. The foregoing schedule shall include the Advisor's services through closing of a Debt Obligation. If the Advisor performs post -closing services relative to a Debt Obligation, it shall be compensated for such services at the hourly rates set out in paragraph B of this appendix. c. A single Debt Obligation with multiple financing plans is charged per plan with a discount of $4,000 per plan applied after the first plan. d. Non ad valorem supported debt and advance refunding shall be compensated at 1.25 times the fee set out in paragraph 1.a. above. e. Debt Obligations dependent on successful referenda shall be compensated at 1.10 times the fee set out in paragraph 1.a. above. f. In the event it is necessary for the Advisor to repeat Debt Obligation services because of events beyond the Advisor's control, the Advisor shall be compensated for such repetitive services at the hourly rates set out in the foregoing paragraph B. of this Appendix. The Advisor shall not be entitled to compensation under this section for failed referenda unless otherwise provided by agreement between the Client and the Advisor. g. The Advisor's fees shall be payable as follows: (i) For a Debt Obligation, fees shall be contingent upon closing of the Debt Obligation, except that if the Debt Obligation is awarded but cannot be closed by reason of an error, act or omission of the Client, the Advisor shall be paid the amount which it would have been due upon closing. (ii) If an issuance does not close for a reason that is beyond the control of the Client and without fault of the Client, then the Advisor shall be compensated at one-half the amount which would have been due upon closing. (iii) Fees for services provided in connection with a private placement are not contingent on the successful placement of the Debt Obligation. (iv) If a Client Debt Obligation is abandoned for any reason and the Advisor is without fault for such abandonment, the Advisor shall be paid a fee in the amount that would have been due if the Advisor's services to the point of abandonment had been charged at the hourly rate set out in paragraph B. herein however not more than the fee had the Debt Obligation been issued. A Debt Obligation shall be deemed abandoned upon notice by the Client to the Advisor of abandonment or whenever the Client has taken no action with respect to the Debt Obligation within one year, whichever occurs first. Delay in the issuance of Debt Obligations resulting from failed authorization I'm referenda shall not constitute abandonment unless otherwise provided by agreement between the Client and the Advisor. 2. The Client shall be responsible for issuance expenses including, without exclusion of other expenses: (i) posting and distributing the Official Statement, (ii) legal fees, (iii) printing, (iv) delivery and settlement, (v) travel, (vi) rating fees, (vii) out-of-pocket Debt Obligation related expenses, and (viii) governmental and governmental agency fees and charges. B. HOURLY RATES FOR NON -DEBT ISSUANCE RELATED SERVICES Principal, Senior Officer ................................ $260 Senior Professional Staff ..............................$215 Professional Staff .......................................... $160 Associates.................................................... $ 75 C. ARBITRAGE AND REBATE MONITORING SERVICES 1. Fees for arbitrage services shall be as applied as follows: a. $1,500 per determination per Debt Obligation when such determinations are made annually as of the selected computation date of the applicable Debt Obligation's date of issuance, or b. $1,500 for the first year, plus $400 for each additional year up to a five year period per determination for each Debt Obligation when such determinations are made for periods in excess of one year. 2. At such time as the original proceeds and investment earnings thereon are completely expended and only a non -commingled bona fide debt service fund remains, the Advisor will notify the Client if compliance with the arbitrage provisions can be accomplished through monitoring of the Debt Service fund. In the event such recommendation is made and it is accepted by the Client, the Advisor will perform monitoring activities for a fee of $400 for annual monitoring or $850 for monitoring at the close of every fifth bond year. If, for any determination period, monitoring reveals that the debt service fund is no longer bona fide and a rebate calculation must be performed, any charge for monitoring for that determination period will apply toward the applicable fee for rebate and arbitrage services. 3. If (i) separate information for each Debt Obligation is not provided, (ii) Advisor is required to perform allocations of investments among funds, or (iii) the Advisor is required to perform other analysis, additional compensation will be charged for such allocations/analyses at the hourly rates in paragraph B. D. CONTINUING DISCLOSURE SERVICES Report preparation and filing per type of obligation: a. Full disclosure report created by Advisor, $1,300, plus $200 each debt obligation b. Full or limited disclosure official statement with updated data that can be referenced, $0, plus $200 each debt obligation c. Full disclosure all operating data included within CAFR, $600, plus $200 each debt obligation d. Limited disclosure, $600, plus $200 each debt obligation Client shall be responsible for county auditor certification fees, if required, and any legal fees incurred in connection with determining compliance with continuing disclosure certificates or interpretation of significant events or filing of the annual report. E. EXPENSES AND HOURLY FEES Amounts due the Advisor for expenses and services charged at hourly rates shall not be contingent. MW Arbitrage Monitoring Services Authorization to Engage Services Pursuant to the Agreement for Arbitrage Monitoring Services ("Agreement") by and between the City of Hugo, Minnesota ("Client") and Springsted Incorporated ("Advisor") effective July 21, 2017, Client wishes to retain the services of the Advisor to provide arbitrage calculations required by Section 148 of the Internal Revenue Service Code and related U.S. Treasury regulations with respect to the following Debt Obligation(s): Bond Issue Closing Date Frequency $1,230,000 General Obligation Improvement Bonds, Series 2007A 10/17/2007 5th Year $965,000 General Obligation Improvement Bonds, Series 2009A 7/21/2009 5th Year $1,605,000 General Obligation Tax Abatement Bonds, Series 2009B 11/5/2009 5th Year $1,340,000 General Obligation Capital Improvement Plan Bonds, Series 2010A 8/19/2010 5th Year $1,325,000 General Obligation Improvement Bonds, Series 2011A 1119/2011 5th Year $5,835,000 General Obligation Refunding Bonds, Series 2013A 3/2112013 5th Year Acceptance: FOR CLIENT SPRINGSTED INCORPORATED Bryan Bear Bonnie Matson Print Name Print Name City Administrator Principal Title Title Continuing Disclosure Services Authorization to Engage Services Pursuant to the Agreement for Continuing Disclosure Services ("Agreement") by and between the City of Hugo ("Client') and Springsted Incorporated ("Advisor") effective July 21, 2017, Client wishes to retain the services of the Advisor to provide continuing disclosure services required by Securities and Exchange Commission Rule 15c2 - 12(b)(5) for submissions to the Municipal Securities Rulemaking Board with respect to the following Debt Obligation(s): • $1,230,000 General Obligation Improvement Bonds, Series 2007A • $965,000 General Obligation Improvement Bonds, Series 2009A • $1,605,000 General Obligation Tax Abatement Bonds, Series 2009B • $1,340,000 General Obligation Capital Improvement Plan Bonds, Series 2010A • $1,325,000 General Obligation Improvement Bonds, Series 2011A • $5,835,000 General Obligation Refunding Bonds, Series 2013A Acceptance: FOR CLIENT Bryan Bear Print Name City Administrator Title SPRINGSTED INCORPORATED Bonnie Matson Print Name Princip Title APPENDIX C OF AGREEMENT BETWEEN City of Hugo, Minnesota AND Springsted Incorporated Effective as of July 21, 2017 CONFLICTS OF INTEREST Continent Fee. The fees to be paid by the Client to Springsted are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may be customary in the municipal securities market, it presents a conflict because Springsted may have an incentive to recommend unnecessary financings or financings that are disadvantageous to the Client, For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, Springsted may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Springsted manages and mitigates this conflict primarily by adherence to the fiduciary duty which it owes to municipal entity Clients which require it to put the interests of the Client ahead of its own and it's duty of fair dealing that it owes to obligated person clients which require it to deal fairly with all persons, Affiliated Entities and Subsidiaries. Springsted's wholly owned subsidiary, Springsted Investment Advisors Incorporated ("SIA") may provide services to the Client in connection with the investment of proceeds from an issuance of securities. In such instances, such services will be provided under a separate engagement, for an additional fee. Notwithstanding the foregoing, Springsted may act as solicitor for and recommend the use of SIA, but Client shall be under no obligation to retain SIA or to otherwise utilize SIA relative to Client's investments. The fees paid with respect to investments are based in part on the size of the issuance proceeds and Springsted may have incentive to recommend larger financings than would be in the Client's best interest. Springsted will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship, a Solicitation Disclosure Statement when Client retains SIA's services and adherence to Springsted's fiduciary duty and/or fair dealing obligations to the Client. Springsted's wholly owned subsidiary, Waters & Company, Incorporated ("Waters"), may provide services to the Client in connection with human resources consulting, including, but not limited to, executive search and community survey services. In such instances, such services will be provided under a separate engagement, for an additional fee. Certain executives of the Client may have been hired after utilizing the services of Waters and may make decisions about whether to engage the services of Springsted. Notwithstanding the foregoing, Springsted may recommend the use of Waters, but Client shall be under no obligation to retain Waters or to otherwise utilize Waters relative to the Client's activities. Springsted will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship and adherence to Springsted's fiduciary duty to the Client. Related Parties. One of our Municipal Advisor Representatives sits on the board of the Economic Development Authority ("EDA") of the City. The EDA makes recommendations to the City Council about matters related to the growth of business enterprise within the City, which may include recommendations regarding the purchasing of C-1 property, and the investing in business development through the use of tools such as Tax Increment Financing. These recommendations may lead to a decision by the City Council to issue debt. The spouse of one of our Municipal Advisor Representatives is Parks Planner for the City. The Parks Planner works to plan and develop new park facilities. In this role the Parks Planner is likely to work in conjunction with the Finance Director to provide the City Council with an understanding of the means for funding these park improvements, which may include the issuance of debt as a funding mechanism. In either situation above, the potential exists that recommendations could be made that would result in Springsted's services being engaged. Springsted will manage and mitigate these potential conflicts of interest by this disclosure of relationships, having our Municipal Advisor Representative refrain from voting on any resolution or recommendation which may result in the engagement of Springsted services and adherence to Springsted's fiduciary duty and fair dealings obligation to the City. No additional conflicts of interest have been identified by Springsted. To the extent any such material conflicts of interest arise after the date of this disclosure document, Springsted will provide information with respect to such conflicts in the form of a supplement to this disclosure. LEGAL OR DISCIPLINARY EVENTS Springsted is registered as a "municipal advisor' pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the SEC and the MSRB. As part of this registration Springsted is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving Springsted. Pursuant to MSRB Rule G- 42, Springsted is required to disclose any legal or disciplinary event that is material to the Client's evaluation of Springsted or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations or civil litigation involving Springsted. As note4d above, copies of Springsted filings with the United States Securities and Exchange Commission ("SEC") can currently be found by accessing the SEC's EDGAR system Company Search Page which is currently available at htt;_,s://www.sec.i�:ov/edc;ar/searched,.,ar/comrlanysearch.htmI and searching for either Springsted Incorporated or for our CIK number which is 1613940. C-2 Agenda Number: G7 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Planner SUBJECT: Xcel Energy Electric/Gas Training Center. Site Plan and Conditional Use Permit Amendment for a 12,000 square foot addition to the training barn and expansion of the outdoor training area for the property located at 13620 Fenway Boulevard North. DATE: August 2, 2017 for the City Council Meeting of August 7, 2017 ZONING: Business Park (BP) 60 -DAY REVIEW DEADLINE: September 5, 2017 1. PLANNING COMMISSION UPDATE At its July 27, 2017 meeting, the Planning Commission considered the site plan and conditional use permit amendment request for Xcel Energy. Lee Stokes, Xcel's Property Services and Project Manager, spoke to the Planning Commission about the project prior to the public hearing being opened. There was no one that spoke during the public hearing. The Planning Commission understood the needs for site expansion for Xcel and were excited to see the growth of the business in Hugo. The Commission recommended approval of the site plan and conditional use permit amendment applications, subject to the conditions listed in the resolution. 2. DESCRIPTION OF REQUEST/BACKGROUND: In 2012, with recommendations from the Planning Commission, the City Council approved three phases of a site plan for a 50,000 square foot training barn for the property located at 13620 Fenway Boulevard North. More phases were anticipated with the project. The applicant is requesting site plan approval for a 12,000 square foot building addition to the previously approved training barn. The addition will be used for substation training bringing the total building size to approximately 53,000 square feet. The applicant combined two existing lots they own that created a 28 acre lot. XCEL Site Plan- Phase 4 Page 2 The addition will be used for indoor training exercises to compliment the electric and gas field training. The transmission substation department will utilize the addition to train crews on substation and transmission line equipment year-round. The larger open area is utilized for hands-on training such as breaker maintenance, smaller transformers, load tap changers, direct transfer trip schemes and relay packages. The remaining space is the substation simulator area that will be utilized for hands-on training for more specialized and sensitive equipment. The addition will also be use for training on the overall power grid as well as equipment that would normally be found in a substation control house, relay panels, remote terminal units, local control units, and transmission control panels. The site plan shows an expanded location northwest of the building for small house simulators for gas leak training. This will allow training for commercial and residential simulation of gas leak detection and repair. The plan shows that there will be 16 house/building simulators on site and each simulator will be approximately 100 square feet. Although the design of the house simulators has not been finalized, the applicant has stated they will be designed like typical residential sheds. Staff has included a condition in the resolution that the final design and location of the house simulators shall be reviewed and approved by staff prior to installation. There have been modifications to the previously approved site plans to account for the addition to meet applicable zoning requirements. The applicant has stated that there is potential for fature phases. Each phase will be required to formally apply for site plan approval for consideration by the Planning Commission and City Council. The full build out of the site plan proposed will include approximately 53,000 square feet of building. 3. CONTEXT: A. Surrounding Land Use and Zoning The properties to the south are zoned Planned Unit Development (PUD) and are occupied by townhome developments. The properties to the east and north are zoned General Industrial (I-3) and are occupied by industrial businesses and a vacant parcel. The property to the west is zoned Large Lot Single Family Residential (R-1) and is occupied by the City owned Clearwater Creek Preserve Park. B. Existing Site Characteristics The training center is currently constructed on the property. Wetlands and wooded areas are located on the south and west sides of the property. 4. ANALYSIS: A. Level of City Discretion in Decision -Making The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. XCEL Site Plan- Phase 4 Page 3 The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed application meets the standards outlined in the Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. B. Consistency with Ordinance Standards Site Plan The application complies with the ordinance standards as follows: Building Setbacks The BP zoning district requires a 30 -foot front and rear yard setback and a side yard setback equal to the height of the building, in no case less than 10 feet. The site plan complies with the setback requirements. Building Height The Business Park (BP) zoning district has a maximum building height of 50 feet. The building height will be approximately 26 feet. The site plan complies with the height requirements. Building Coverage and Lot Coverage The ordinance limits lot area to be covered by a building to 40% and lot area to be covered by impervious surface to 80%. The site plan complies with the coverage requirements. Landscaping Section 90-181 of the Zoning Ordinance provides landscaping requirements for industrial development. The site plan includes tree and shrub locations and species. The ordinance provides two ways of calculating the required amount of trees and shrubs. One based on the square footage of the building and one based on the perimeter of the site, whichever is greater. In this case staff used the perimeter of the site. In order to meet the landscape requirements, 46 overstory deciduous trees, 27 coniferous trees, 27 ornamental trees, and 177 shrubs are required to be installed. The applicant is proposing 48 overstory deciduous trees, 54 coniferous trees, 0 ornamental trees, and 182 shrubs. The applicant is substituting the ornamental trees with 2 additional overstory deciduous trees and 28 additional coniferous trees. It's in staff's opinion that this is a good substitution. The number of trees and shrubs will meet landscape ordinance for the future full build -out of the site, which is approximately 53,000 square feet. The ground cover will be native seed and wild flower mixes in a prairie like landscape design. The applicant has stated that the ground cover will be designed, maintained, and installed by professionals. The native plants are low maintenance and do not require irrigation. Staff will continue to work with the applicant on reviewing and approving a maintenance schedule. The applicant meets the landscape ordinance requirements for the development. XCEL Site Plan- Phase 4 Page 4 Lighting The ordinance requires lighting to consist of cut-off fixtures and for light cast on adjacent property and roads not to exceed %2 foot candle measured at the property line or 1 foot candle measured at the street's centerline. The ordinance also required the light fixtures, whether pole mounted or wall mounted to be cut-off fixtures. The applicant is proposing LED lights for both the pole and wall mounted fixtures. They are cut-off fixtures with a recessed light bulb. The applicant meets the lighting ordinance requirements. Fencing and Screening There is approval for outdoor area for electric and gas training operations. The area is located on the west side of the property. The area contains electric poles, ground transformers, gas valves, and small house simulators. A majority of the area will be screened by the existing wooded area along the west and south property lines. The applicant will install landscaping to screen the area from the surrounding properties. Any large equipment and business related materials shall be stored inside the building. The ordinance requires all exterior storage areas to be screened from view from the adjacent properties. All exterior storage areas are required to be stored on pavement. The applicant is proposing fencing around the building and driveway area behind the training center. The fence is a combination of black architectural wrought iron and black chain link. There will be controlled gates where the driveways enter the area. No other fencing is proposed for the site. Mechanical Equipment Screening The applicant has stated that the mechanical equipment for the addition will either be located on the ground, or internal to the building. No roof mounted mechanical equipment is proposed. The applicant has not shown methods of screening for these options. Section 90-272 of the City Code requires "All roof and ground -mounted mechanical equipment shall be completely enclosed with building materials compatible with the principal structure and painted to blend in unobtrusively with their background." Furthermore, Section 7.1 of the Commercial and Industrial Design Guidelines require "The view of all roof top mechanical equipment and related utilities on buildings shall be screened from view of adjacent properties." The applicant shall revise the plans prior to the issuance of a building permit to provide information to show that this equipment would be screened from adjacent properties. Streets and Access The site has access from Fenway Boulevard North. The property has two entrances into the site. XCEL Site Plan- Phase 4 Page 5 Parking According to the Section 90-253 PARKING, based on the use and the size of the buildings 77 parking stalls are required by ordinance. The applicant is proposing 81 parking stalls for the site, which exceeds the ordinance requirement. The orientation of the parking has stayed generally the same as the previous approvals for the site. The vehicle circulation within the parking lot works well. Trails There is a City trail along Fenway Boulevard North. The applicant is not proposing any sidewalks or trails with this development, but has restored the areas were the access to the site crosses the trail. Building Architecture In August 2011, the City Council adopted the Commercial and Industrial Design Guidelines. The design of the building meets the intent of the guidelines. The training barn and proposed addition are tucked behind the training center, which is meant to be the main focus of the site. The building design includes horizontal and vertical projections, color variation, aggregate textured building material, and windows. The building material for the addition consists of integrally colored precast tip -up concrete panels. The intent is to ensure the building is constructed of quality materials that require minimum maintenance. The applicant has provided elevations that show various coloration and patterning in design of the concrete panels. There will be prefinished metal awning over the overhead door on the northeast elevation. The building colors include off-white, brown, and red for the building materials. The color variation helps break up the massing of the building and the colors are complimentary. The colors shall be same as the previously approved training center and training barn. Signage The applicant is not proposing any signage at this time. Prior to the installation of any signs, the applicant shall obtain a sign permit. Drainage/Grading Treatment for stormwater runoff is provided for the full future build -out of the site (50,000 square foot building) consistent with Rice Creek Watershed District Rules and City Policies. An infiltration basin and a pre-treatment basin has been constructed to help retain stormwater runoff from the site. Most of these treatment facilities are constructed on Outlot B south of the subject site, with a portion of the pre-treatment basin on the proposed site. Phase 4 includes additional improvements that increases the impervious surface areas. The applicant states that the existing stormwater management facilities have the capacity to treat XCEL Site Plan- Phase 4 Page 6 some of the additional impervious surfaces areas. Staff is requesting that the applicant complete an as -built survey of the pond to confirm the available storage. The applicant is proposing a new treatment area located south of the proposed expanded training area. Staff will continue to work with the applicant on the size, location, and design of the proposed new treatment areas. The applicant will be responsible for maintaining stormwater facilities and vegetation proposed as a part of the project. A maintenance agreement for the stormwater facilities approved by the City has been executed by the owner(s) and recorded against the property. The applicant is proposing an internal roof drains for the building. Staff will continue to work with the applicant on how the system is integrated into the building design. Utilities City water service is available via an existing service stub adjacent to the site. Applicable trunk and connection fees will apply. Sanitary sewer service is available to the site via the existing Met Council interceptor located on the east side of Fenway Boulevard. Applicable trunk, City connection, and Met Council connection fees will apply. Wetlands There is a wetland on the western portion of the site. The applicant is not proposing to any impacts. Park Dedication Park Dedication is not required for commercial and industrial developments. Conditional Use Permit (CUP) Amendment The applicant is proposing to expand outdoor storage and an outdoor gas/electric training area. Since the area is expanding and additional property was added to the parcel, a conditional use permit amendment is required. The spirit and intent of the ordinance is to allow exterior storage larger than the principle building, as long as it's adequately screened from view of adjacent properties. The applicant is proposing to screen the exterior storage and outdoor training area. Staff is comfortable with the proposed location of the outdoor storage and an outdoor gas/electric training area. The comprehensive plan identifies this property as Business Park (BP). There are residential properties to the north and south of the building. The character of the area is for the most part industrial. There are buffers of woodland and proposed landscaping between the site and the residential uses. There will be other business park uses that will be developed on the north of the proposed Xcel site. It's in staff's opinion that the proposed use is compatible with the character of the area. XCEL Site Plan- Phase 4 Page 7 5. CONCLUSION: Staff finds that the proposal meets all the requirements necessary for the City to approve a site plan and conditional use permit amendment as outlined in the City's Comprehensive Land Use regulations, if the appropriate conditions are met in the attached resolutions. 6. PLANNING COMMISSION RECOMMENDATION: The Planning Commission agreed that the applications met the necessary requirements to approve the site plan and conditional use permit amendment and recommended approval to the City Council with the conditions listed in the resolution. 7. STAFF RECOMMENDATION: Staff recommends approval of the site plan and conditional use permit amendment for Xcel Energy Inc. for the property located at 13620 Fenway Boulevard North. ATTACHMENTS: 1. Location Map 2. Resolutions 3. Revised Conditional Use Permit (CUP) 4. Engineers Memo dated August 2, 2017 5. Site Plan V -��lI-! ST N tt] RESOLUTION 2017 - APPROVING A SITE PLAN FOR XCEL ENERGY INC. FOR A BUILDING ADDITION ON THE PROPERTY LOCATED AT 13620 FENWAY BOULEVARD NORTH WHEREAS, Xcel Energy Inc., requested approval of a site plan for an approximately 12,000 square foot building addition and outdoor gas/electric training area. Lot 1, Block 1, Roy Molitor Addition And Lot 1, Block 1, Roy Molitor 2nd Addition WHEREAS, the Planning Commission has reviewed said site plan on July 27, 2017, and recommends approval subject to the conditions listed in this resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the site plan for Xcel Energy Inc., for a 12,000 square foot building addition and outdoor gas/electric training area with the following findings: All items on the Engineer's memo and "red -line" detailed engineering comments that have been sent directly to the applicant's engineer dated July 7, 2017, shall be addressed. 2. The applicant will be responsible for maintaining stormwater facilities and vegetation proposed as apart of the project. 3. The applicant shall be required to apply for formal site plan approval for all future phases to be considered by the Planning Commission and City Council. This includes the addition of any small house simulators. 4. Exterior storage of equipment shall be located on a paved surface and screened. 5. At anytime the hones from the outdoor gas training become a nuisance; Xcel Energy Inc., shall take action to abate the issue. At anytime as requested by the City, Xcel Energy Inc agrees to notify the surrounding property owners of gas training. 6. Prior to the installation of any signs, the applicant shall obtain a sign permit. 7. There shall be no mesh screening on the black chain link fencing. 8. The design and location of all house simulators on site shall be reviewed and approved by City staff prior to installation. Resolution 2012-34 Page 2 9. All roof and ground -mounted mechanical equipment shall be completely enclosed with building materials compatible with the principal structure and painted to blend in unobtrusively with their background. All roof top mechanical equipment and ground equipment shall be screened from view of adjacent properties. Ground -level mechanical units shall be low profile and located to the side or rear of the building. Prior to the issuance of a building permit: 10. The applicant shall submit cut sheets for the wall mounted light fixtures to be reviewed and approved by staff. All fixtures shall be downcast cut-off fixtures. 11. The internal roof drainage system that shall be integrated into the building design and shall be reviewed and approved by staff. 12. The applicant shall submit a plan for the location and screening method for roof top and/or ground mounted mechanical equipment. City staff shall review and approve the location and the screening method for the equipment. 13. The applicant shall continue to work with staff on the size, location, and design on the stormwater management facilities. Prior to issuance of a Certificate of Occupancy: 14. All roof top and/or ground mounted mechanical equipment shall be screened from view of adjacent properties. Staff shall perform an inspection when equipment is installed to ensure compliance with City code. 15. The applicant shall submit a design for the ground cover for review and approval by staff. An installation and maintenance schedule from the contractor installing and maintaining the ground cover shall be reviewed and approved by staff. 16. All required landscaping shall be fully installed. ADOPTED by the City Council this 7th day of August, 2017 Tom Weidt, Mayor ATTEST. Resolution 2012-34 Page 3 Michele Lindau, City Clerk RESOLUTION 2017 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR XCEL ENERGY INC. TO ALLOW AN OUTDOOR STORAGE AND TRAINING AREA USE ON THE PROPERTY LOCATED AT 13620 FENWAY BOULEVARD NORTH WHEREAS, Xcel Energy Inc., requested approval of a conditional use permit to allow outdoor storage and training area use on the property located at 13620 Fenway Boulevard North. Lot 1, Block 1, Roy Molitor Addition And Lot 1, Block 1, Roy Molitor 2nd Addition WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly called public hearing on July 27, 2017, and recommends approval subject to the conditions listed in the conditional use permit. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the conditional use permit amendment for Xcel Energy to allow outdoor storage and training area use on the property located at 13620 Fenway Boulevard North with the following findings: 1. The use is permissible by law. 2. The spirit and intent of the ordinance is to allow exterior storage larger than the principle building, as long as it's adequately screened from view of adjacent properties. The applicant is proposing to screen the exterior storage and outdoor training area. Staff is comfortable with the proposed location of the outdoor storage and an outdoor gas/electric training area. Additional landscaping may be required to screen the locations on the east and north sides of the area. 3. The comprehensive plan identifies this property as Business Park (BP). There are residential properties to the north and south of the building. The character of the area is for the most part industrial. There are buffers of woodland and proposed landscaping between the site and the residential uses. There will be other business park uses that will be developed on the north of the proposed Xcel site. It's in staff s opinion that the proposed use is compatible with the character of the area. 4. The property has adequate utilities available to the site. 5. The site has adequate access to Fenway Boulevard and will not generate traffic that will reduce the safety of public roads. 6. The property is not located within a floodplain. Resolution 2017 - Page 2 7. The proposed use will not have materials swept downstream. 8. The site is not located adjacent to public waters. 9. The property is not located within the shoreland overlay district and does not involve watercrafts. 10. The property is not located within the shoreland overlay district. 11. The permit does not require a wetland replacement plan. 12. The applicant shall be responsible for all necessary state and local permits. 13. The outdoor storage and training area is surrounded by woodlands on the west and south sides. The applicant is proposing landscaping that will adequately screen the area from the east and west sides. Staff is comfortable with the location and the proposed screening methods. ADOPTED by the City Council this 7th day of August, 2017. Fran Miron, Mayor ATTEST - Michele Lindau, City Clerk CITY OF HUGO CONDITIONAL USE PERMIT DATE OF APPROVAL: OWNER: Xcel Energy Inc. 414 Nicollet Mall Minneapolis, MN 55401 ADDRESS FOR WHICH CUP IS GRANTED: 13620 Fenway Boulevard North LEGAL DESCRIPTION: See Exhibit A ZONING DISTRICT: Business Park (BP) THIS CONDITIONAL USE PERMIT ALLOWS FOR THE FOLLOWING: An exterior storage area and outdoor electric and gas training area. THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS: 1. The development shall comply with the comments in the Engineer's memo dated December 1, 2011, May 15, 2012, October 29, 2012, and July 7, 2017. 2. The property shall comply with (Exhibit B). 3. The location and geometrics of the site plan shall further reviewed and approved by City staff prior to the issuance of a building permit. 4. All exterior storage shall be screened from view from adjacent properties and right of ways. Staff shall review and approve the fencing and landscape plan. 5. Exterior storage of equipment shall be located on a paved surface. 6. The design of the home simulators shall be reviewed and approved by City staff prior to installation. 7. The building architecture is subject to further review and approval by the City. 8. At anytime the fumes from the outdoor gas training becomes a nuisance; Xcel shall take action to abate the issue. At anytime as requested by the City, Xcel agrees to notify the surrounding property owners of gas training. Tom Weidt, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 2017, before me, a Notary Public, personally appeared Tom Weidt, Mayor of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt, mayor, acknowledge said instrument to be the free act and deed of said City of Hugo. Notary Public Dated: . 2017. Title STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of _ ___, 2017, before me, a Notary Public within and for said County, personally appeared , to me known as the person described in and who executed the foregoing instrument, who stated that they are the owners of the property this permit applies to, and acknowledged that they executed the same as their free act and deed. Notary Public This document was drafted by: Hugo City Council 14669 Fitzgerald Ave N Hugo, MN 55038 This Conditional Use Permit supersedes any Permits for this use that were previously recorded. 477 Temperance Street I St. Paul, MN 55101 1 (651) 286-8450 August 2, 2017 Ms. Rachel Juba, City Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Preliminary Site Plan Review Xcel Energy Gas Training Facility — Phase 4 WSB Project No. 010372-000 Dear Ms. Juba: We have reviewed the preliminary site plan and drainage analysis/calculations submittal for the above - referenced project. In particular, we have reviewed the following plans related to this particular request: • Plan set (8 sheets) dated June 12, 2017, prepared by RSP Architects and Rehder & Associates • Storm Water Management Calculations dated June 12, 2017, prepared by Rehder & Associates Based on the review of the application materials, we offer the following comments related to this application: General 1. Phase 4 improvements include construction of a future 12,000 square foot substation building, construction of a 0.91 acre gas training site, and the associated bituminous driveway extension to match into previous phases of this project. A lot combination is proposed to eliminate the northern property line and combine with the adjacent parcel to the north, as both parcels are owned by Xcel Energy. Stormwater basins for pretreatment and infiltration are proposed to manage stormwater runoff on site. The project site was previously approved for a total of 50,000 square feet of building area. After the proposed improvements, the new building area totals 53,000 square feet (plus small house simulators). From a stormwater perspective, the increase in building area is already taken into account in the new impervious totals, and should not negatively affect the site's overall drainage. Utilities 3. No additional site utility work for water or sanitary sewer will be needed beyond what has been proposed for previous phases of this project. Stormwater Management 4. The stormwater treatment facilities approved under Phase 1 have been designed to treat the runoff for up to the Phase 3 improvements. 5. The Phase 4 improvements include an increase in impervious area of 1.03 acres (0.64 acres current & 0.39 acres future). The applicant states that the existing pretreatment basin and infiltration basin have the capacity to treat an additional 0.30 acres of impervious area. We are requesting that the applicant complete an as -built (or pond survev) of the existinci infiltration/pretreatment basins to confirm the available storage. Building a legacy —your legacy. Equal Opportunity Employer I wsbeng.com K:1010372.0001AdminTocs\LTR-rjuba-Xcel Energy Training 080217.do Ms. Rachel Juba August 2, 2017 Page 2 6. The remaining 0.73 acres of impervious area will be treated with the construction of a new pretreatment and infiltration basin located in the northwest portion of the site. Staff will continue to work with the applicant on the size and location of the stormwater facilities on site and determine if it makes sense to expand the existing basin rather than creating an additional basin. 7. The site is within the drainage area of the Bald Eagle Industrial Park pond project completed when the Industrial Park was developed. As a result, a portion of the rate control and treatment requirements are met. The RCWD rules have changed since the Industrial Park was developed, and the volume reduction requirement will still apply to this site, as well as providing storage for larger storm events. 8. The proposed infiltration basin should be able to contain the 100 -year storm event without overtopping the overflow spillway. A storm sewer outlet should be provided to avoid erosion at the overflow. Please modify the basin according to the notes provided on the attached redlined site plan. Wetlands 9. No wetland impacts are proposed as part of the Phase 4 improvements. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer cc: Steve Duff, Senior Engineering Technician (email only) Stephanie Hatten, Water Resource Engineer (email only) 13620 Fenway Blvd. North, Hugo, MN 55038 RSP PROJECT NUMBER: CLIENT PROJECT NUMBER 6263.303.48 001 LOCATION MAP OR, A Aj } 41, ■ li� 1 if 4 X. KEY PLAN 1, P - - - - - --- - -- -- 010 .50 100ft� - DRAWING SYMBOLS � 0 0 COLUMN OR GRID LINE - NEW COLUMN OR GRID LINE - EXISTING MATCH LINE MATCH LINE EE T.O. FOOTING EL. = 96'-0" * EL. = 100'-0" C:\Aevit Projects\A16_Xcel Gas Train ing_HEngle.rvt 7/7/2017 11:53:50 AM ELEVATION / LEVELTAG SPOT ELEVATION F X X X X /i, REVISION REFERENCE 9_ 6-1111Is] a0ffft ,� 2 VIEW NAME DRAWING TITLE 118" =1'-0" NORTH ARROW PROJECT TEAM (ROOM NAME) ARCHITECT TENANT CONTACT (ROOM NUMBER) RSP Architects, Ltd. XCEL ENERGY 150 SF= 1220 Marshall Street NE 13620 Fenway Ave. North Minneapolis, MN 55413 Hugo, MN 55038 KEYNOTE Phone: 612/677-7100 Phone: 612/330-6473 Fax: 612/330-7856 Fax: 612/677-7499 234 Leigh Stoakes 0 UTLOT B Gordon Strom, Project Manager Phone: Leigh.W.Stoakes@xcelenergy.com Phone: 612/677-7344 Email: Gordon.Strom@rsparch.com (WALL FINISH) CODE SUMMARY PROJECT NAME EXITING REQUIREMENTS: Existing to remain, no changes (BASE FINISH) PROJECT DESCRIPTION: CPT1• Addition of new Gas Emergency Response Training Facility. PLUMBING CALCULATION: I Existing to remain, no changes APPLICABLE CODES: 2015 Minnesota Building Code 2012 International Building Code 2015 Minnesota Accessibility Code OF FINISH 2015 Minnesota Energy Code FINISH 2015 Minnesota Fire Code 2012 International Fire Code ��OVE�RALL REFERENCE PLAN 2014 National Electrical Code 2015 Minnesota Plumbing Code 2015 Minnesota Mechanical and Fuel Gas Code 2012 International Mechanical Code 2015 Minnesota Conservation Code for Existing Buildings OCCUPANCY: Existing to remain, no changes TYPE OF CONSTRUCTION: Existing to remain, no changes HEIGHT AND NUMBER OF STORIES: Existing to remain, no changes ALLOWABLE FLOOR AREA: Existing to remain, no changes FIRE RESISTIVE REQUIREMENTS: Existing to remain, no changes SHEET INDEX DRAWINGS ISSUES ISSUE KEY: 1 ISSUED (WITH SIGNATURE) 2 REVISED AND RE -ISSUED (WITH SIGNATURE) 3 NOT FOR CONSTRUCTION - REFERENCE ONLY 4 RE -ISSUED FROM A PRIOR BID PACK - NO REVISIONS a) c� L) SHEET NO. NAME d 00 General 0000 COVER SHEET X 02 CIVIL C130 ICIVIL GRADING, DRAINAGE, EROSION CONTROL & UTILITY PLAN X C131 CIVIL DETAILS PLAN X C180 PROPOSED LANDSCAPE PLAN X 15 Architectural A001 LOT 1, BLOCK 1 SITE PLAN X A002 SITE ENLARGEMENT X A003 GAS TRAINING SITE X A801 ENLARGED PLANS AND ELEVATIONS X A803 FUTURE TRAINING ADDITION - ENLARGED PLAN AND ELEVATIONS X 1 (:A101 ELEVATION TAG - SINGLE VIEW 1 A101 2 ELEVATION TAG - MULTIPLE VIEW 1 A101 DETAIL TAG SIM SIM 1 WALL SECTION A101 TAG SIM 1 BUILDING A101 SECTION TAG 1 A101 ��--.�� SIM ENLARGED PLAN OR DETAIL I REFERENCE LOT 1 BLOCK 1 ROY IOLITOR SECONDADDITION LOT 1 BLOCK 1 ROS' MOLITOR FIRSTADDITION DOCUMENT PACKAGE ISSUED: June 12, 2017 PACKAGE: Planning and Zoning Review ROOM NAME • (ROOM NAME) 101 (ROOM NUMBER) ROOM TAG 150 SF= (ROOM AREA) XX KEYNOTE 23 O WINDOW TAG 234 EQUIPMENT TAG 0 UTLOT B lot DOOR TAG PNT10 (WALL FINISH) FINISH TAG - VB1 • (BASE FINISH) ALL SURFACES CPT1• (FLOOR FINISH) I VB1 FINISH TAG - CPT1 WITH EXTENT OF FINISH CPT -01 CPT -02 FINISH TRANSITION ��OVE�RALL REFERENCE PLAN 1" = 100'-0" RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A c� Z0/'V Project No. 6263.303.48 Drawn By HE Checked By GS Date 06/12/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultantsI contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date Description COVER SHEET A L C N C 1 1 2 3 PRE-TREATMENT BASI NWL = 922.0 100 -YR HWL = 923.2 VOL. REQUIRED = 729 CU.FT. VOL. PROVIDED = 1,700 CU.FT. INFILTRATION BASIN PROVIDE APPROXI 100 -YR HWL = 922.4 12 TONS OF CLA. VOL. REQUIRED = 2,915 CU.FT. RAP ON 2 LAYER VOL. PROVIDED = 3,598 CU.FT. MIRAFI 50OX OR I . • x x}93- - -23-2-- V 3-2- PROVIDE APPROXIMATELY 12 TONS OF CLASS 3 RIP 924 RAP ON 2 LAYERS OF 922 MIRAFI 50OX OR EQUAL s2o \ OUTLET ELEV. 919 \ 922.0 8 FE x x INV 91 918. 920.7 - - - -, \\ „ 1 922.7 X 24' - 12 HDPE @ 2.08% � s 2 I 1 9205 SKIMMER STRUCTURE TOP 925.0 INV 922.0 INLET) fTl I INV 919.5 OUTLET) U) D1 919. I x 922.7 Qx O �O 920.8 I r 1 Q N Q E / QI / Jp W II � EDGE OF WETLAND AS -_ DELINEATED BY PINNACLE ENGINEERING, INC. i GRADING NOTES 1❑ - All elevations shown are to final surfaces. 21 - Contractor is responsible for obtaining a National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for Construction Activity before construction begins. INFILTRATION BASIN NOTES A. Grading and construction of the infltration basin shall not begin until all construction in the contributing drainage area has been completed and the site is stabilized. B. Grading shall be done using low -impact earthmoving equipment to prevent compaction of underlying soils. Small tracked dozers and bobcats are recommended. C. Excavate infiltration basin to the specified depth. All sub -material below the specified elevation shall be left undisturbed. D. In the event that sediment is introduced into the infiltration basin following excavation, sediment will need to be removed prior to finishing the construction process. E. Portions of rain gardens to be seeded shall be mulched with clean grain straw (MnDOT Type 3) at a rate of 2 tons per acre. F. Seeding shall be completed within 48 hours of grading. ' , Inv. 9 7.25 t STORAGE SHED FFE = 930.25 _ -922 921.3'/ 921.8\� INFIL TRA TION BASIN \ 100 -YR HWL = 924.2 VOL. REQUIRED = 34,304 CU.FT. VOL. PROVIDED = 34,320 CU.FT. FUTURE BITUMINOUS EROSION CONTROL NOTES Contractor is responsible for all notifications and inspections required by General Storm Water Permit. O2 - All erosion control measures shown shall be installed prior to grading operations and maintained until all areas disturbed have been restored. O3 - Sweep paved public streets daily and as ordered by the City where construction sediment has been deposited. ®- Each area disturbed by construction shall be restored per the specifications within 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. O5 - Temporary soil stockpiles must have silt fence around them and cannot be placed in surface waters, including storm water conveyances such as curb and gutter systems, or conduits and ditches. ©- All pipe outlets must be provided with temporary or permanent energy dissipation within 24 hours of connection to a surface water. O7 - Excess concrete/water from concrete trucks shall be disposed of in portable washout concrete basin or disposed of in a contained area. 3 4 l / • Maple 5" 928./ Maple/ �$ /9 5� CHANGE CASTING TO NEENAH R-3580 (TO BE APPROVED BY THE CITY) Mopl Map/ 926.6 926.4 P Top 924.94 / Inv. 918.4 INSPECTION AND MAINTENANCE R a Top 928.90 Inv. 918.50 /Top 928.91 Inv. 918.51 4O ��i 80! ;" W'0'� 40 - The site must be inspected once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. - All inspections and maintenance conducted must be recorded in writing and records retained with the SWPPP. - Areas of the site that have undergone final stabilization, may have the inspection of these areas reduced to once per month. - All silt fence must be repaired, replaced, or supplemented within 24 hours when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. - Surface waters and conveyance systems must be inspected for evidence of sediment being deposited. Removal and stabilization must take place within seven (7) days of discovery unless precluded by legal, regulatory, or physical access constraints. - Construction site vehicle exit locations must have sediment removed from off-site paved surfaces within 24 hours of discovery. - Infiltration areas shall be graded to finished grade when all contributing drainage areas have been stabilized. Protect infiltration area from sediment and heavy equipment compaction during/after construction with silt fence. POLLUTION PREVENTION MANAGEMENT - All solid waste must be disposed of off-site per the MPCA disposal requirements. - All hazardous waste must be properly stored with restricted access to storage areas to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA Regulations. 4 1 5 6 Top 931.95 Inv. 921.85 EROSION CONTROL (SILT BIO -ROLLS, ETC.) AROUND ION AS NEEDED TO PREVENT T RUNOFF to I N 0 20 40 80 120 Scale in Feet 6 OWNER: % Xcel EneW CORPORATE H.O: 414 NICOLLET MALL, MPLS MN XCEL ENERGY COPYRIGHT. THIS DOCUMENT IS THE PROPERTY OF XCEL ENERGY CORPORATION ALL RIGHTS RESERVED, 2011 CONSULTANT NAME/ LOGO: CONSULT. PROJECT NUMBER: 6263.301.62-30 A RSP Architects 1220 Marshall St. NE Minneapolis MN 55413-1036 612.677.7100 612.677.7499 fax www.rsparch.com CONSULT. PROJECT NUMBER: 0591.268 CONSULTANT NAME/ LOGO Rehder & Associates, Inc. - Civil Engineers, Planners and Land Surveyors 3440 Federal Drive Suite 110 Eagan, MN 55122 Tel: (651) 452-5051 Fax (651) 452-9797 Email: info@rehder.com www.reh er.com STAMP: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. ISignature I Registration No. Date LEGEND 0 PROPOSED MANHOLE M PROPOSED CATCH BASIN 4- PROPOSED HYDRANT ►� PROPOSED GATE VALVE t PROPOSED FLARED END 00 PROPOSED STORM SEWER 0 PROPOSED CONCRETE PROPOSED STD. DUTY BITUMINOUS 0 PROPOSED HEAVY DUTY BITUMINOUS loco PROPOSED CONTOUR • 1023.54 PROPOSED ELEVATION z SILT FENCE 13 BOUNDARY/ROW/BLOCK LINE Q EASEMENT -► DRAINAGE ARROW 980- EXISTING CONTOUR X 995.50 EXISTING ELEVATION N 0 20 40 80 120 Scale in Feet 6 OWNER: % Xcel EneW CORPORATE H.O: 414 NICOLLET MALL, MPLS MN XCEL ENERGY COPYRIGHT. THIS DOCUMENT IS THE PROPERTY OF XCEL ENERGY CORPORATION ALL RIGHTS RESERVED, 2011 CONSULTANT NAME/ LOGO: CONSULT. PROJECT NUMBER: 6263.301.62-30 A RSP Architects 1220 Marshall St. NE Minneapolis MN 55413-1036 612.677.7100 612.677.7499 fax www.rsparch.com CONSULT. PROJECT NUMBER: 0591.268 CONSULTANT NAME/ LOGO Rehder & Associates, Inc. - Civil Engineers, Planners and Land Surveyors 3440 Federal Drive Suite 110 Eagan, MN 55122 Tel: (651) 452-5051 Fax (651) 452-9797 Email: info@rehder.com www.reh er.com STAMP: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. ISignature I Registration No. Date KEY PLAN: XCEL ENERGY PROJECT #: ISSUE: PLANNING & ZONING REVIEW ISSUE DATE: 06-12-2017 CAD DWG FILE NAME: REV I DATE ISSUED I DESCRIPTION DRWN 0 SHEET TITLE: CIVIL GRADING, DRAINAGE, EROSION CONTROL & UTILITY PLAN SHEET NUMBER: C130 L C E E J U Q 0 z Z � M z 0 C) � z Q w � a o � >_w U) < z Q z (D � >_ Q0 o (D 0r__� ry M Ir- Z L.I.J Z W J W U x KEY PLAN: XCEL ENERGY PROJECT #: ISSUE: PLANNING & ZONING REVIEW ISSUE DATE: 06-12-2017 CAD DWG FILE NAME: REV I DATE ISSUED I DESCRIPTION DRWN 0 SHEET TITLE: CIVIL GRADING, DRAINAGE, EROSION CONTROL & UTILITY PLAN SHEET NUMBER: C130 L C E E 1 2 3 4 5 6 I` OWNER: NATIVE SEED MIX NATIVE SEED MIX REMOVE BRUSH AND TREES OUTSIDE WETLAND y y " INSTALLED TO LIMIT OF SOIL STABILIZATION AREA UNLES NOTED OTHERWISE \ DISTURBANCE PER CIVIL PLANS XCeiEneC 8M �INr rims. w . w w.•% — ' xy X X x > r tea / ... \ W W W � .. ,';'\,. 1. W � i � � � ; • s. !; f i \ ai � y . 'f1 \ v �� • qtr 'iMr ��einYYie� CORPORATE H.O: 414 NICOLLET MALL, MPLS MN 7g'e ' O/1 d Uf#Ijl t�. Ecem2 �' r �' hu+ XCEL ENERGY COPYRIGHT. THIS DOCUMENT IS THE PROPERTY OF h PI/ at RDY R N'"••••^����• XCEL ENERGY CORPORATION ALL RIGHTS RESERVED, 2011 \ Ci rd a � , � • � � CONSULTANT NAME/ LOGO: CONSULT. PROJECT NUMBER: 6263.301.80 Y A RSP Architects I ONE VOR E 3-5 T ING 6,. y 1220 Marshall St. NE Dy � \ ._ ..e Minneapolis c�ddln9 setback " MN 55413-1036 j y fine 4 � y o REPLACE LANDSCAPE TO MATCH 612.677.7100 612.677.7499 fax EXISTING SEE NOTES pie www.rsparch.com \ / / CONSULTANT NAME/ LOGO: // CONSULT. PROJECT NUMBER: -932 x \ h o TREES WITHIN WETLAND �% E URITYFENCE (TY � \ \ 1 .� SE SITEPLAN, CUT S E� X ,,r„rlYwr TO BE PROTECTED IN v� I >v x F, Q) PLACE Z 92ar— , x�' y g O 401N At M3„ rn° + 4 + � \ � • • lrY ., / Ma F ° + a� EXISTING VEGETATION TO REMAIN �� s� / � - o / IN PLACE STAMP: _ '`, - • �+ p p G E AND D p E -LOC p TE EXISTING ST I N �+ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS �� r SALVA /1 R / 1 X G PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM TREE A DULY LICENSED PROFESSIONAL ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. 928 •�. .�: t'' �.. � I ADA ACCESS TO EXISTING PATH n” FEN�6,E LINE DAVE NORBACK PRESIDENT B Q \ / \ DATE: 07.27.2012 \ ADA ACCESS M \ REGISTRATION NUMBER: 11902 / A COMPANY: RSP ARCHITECTS P -�.....................................26 - EXISTING VEGETATION TO REMAIN ... ° ` \ IN PLACE CK MULCH P) 6» / 000l SHADE TREES (TYP) / + 5" / �� / \ V °P1e a CONCRETE ENTRY AREA EXISTING ASPHALT TRAIL TO BE PROTECTED r V ° / � \ �� 0• N <� �� IN PLACE '! y. /e `� DROUGHT TOLERANT co I � e/ \ GROUND COVER (TYP) Q - O \ �' e'/ ���\� �s'' NATIVE SEED MIX (D U . a� �i� / ,x��\ I I SALVAGE A SOIL STABILIZATION Z RE -LOCATE EXISTING 4" �© e / a TREES Uj ti o / � I e/e ti EXISTING POND M4" PRELIMNARYPLANI' SCHEDULE t y / I I ADA CESS TO> 0 p� y. // �O / A TO BE PROTECTED ��� + EXI ING PATH CONIFERS BOTANICAL NAME / COMMON NAME CONT QTY REMARKS Q C 1� ABIES BALSAMEA / BALSAM FIR B &B 15 6' HEIGHT >— w \ \ Ode / / i922� - _ , :•�<o / PINUS NIGRA / AUS TRIAN BLACK PINE B &B 8 6' HEIGHT \ \ \ � � • � '. e ' / V� � � / � IT� �p�tlY Ari � ■ � • � _ r� / VVv � _ e I / _ � NATIVE SEED MIX � / `� � PINUS STROBUS GLOBID SCOTCH PINE /EASTERN WHITE PINE B &B 12 6 HEIGHT n/ z �g�o INSTALLED TO LIMIT OF o+�I�Y���t�'� TOTAL 35 TREES AND WETLAND TO BE \ I DISTURBANCE PER CIVIL P SM4' DECIDUOUS TREES BOTANICAL NAME/ COMMON NAME CONT QTY REMARKS Uj � !' PROTECTED IN PLACE - / \ I �� + / LL 1 WET SEED`MIX FOR 5" / O I // / M / ACER FREEMANII ' JEFFERS RED' TM /AUTUMN BLAZE MAPLE B &B 11 2 1/2 " CAL LU C-0 I RETENTIONX\ A + �" - _C)_ ,r J � / AER RUBR RID MAPLE B B 5 2 1 2 CAL 921.7/ C UM / & /Uj '. M EXIS TING TO SALVAGED EMS TING 3 RELOCATE ON SITE v `'` .h�' +► NOTE: x21.3 \ �/ x THE PICTURES GENERALLY SHOW THE DE51I INTENT AT \ 1 E OR REPLACE WIM LII KIND RELOCATE SALVAGED TRE •,"''. FULL MATURITY. THE PICT S MAY NOT REFLECT THE �,+�•►�: ACTUAL TREE, SHRUB O GROUND COVER AT TIME OF EX[STING TREE EMS TING 12 TO REMAIN IN PLACE .'rt � .�s-. � y�� ,y •,�, ,�•� �re�; . (t�'''r �..'� INSTALLATION. \ V, ' x FRAXINUS AMERICANA ' AUTUMN BLAZE' /AUTUMN BLAZE WHITE ASH B &B 3 2 1/2 " CAL 922.2�� �- GRASS AND WILDFLOWER MIX • GLEDITS IA TRIACANTHO S ' S KYIINE' / S KYIINE HONEY LO CUS T B &B 10 2 1/2 C CAL TOTAL 29 tyy/O ExI.7 UNG) KEY PLAN: - \ ;l 923.3/ SHRUBS BOTANICAL NAME / COMMON NAME CONT QTY REMARKS D INITIAL MANAGEMENT PLAN FOR SEEDED GRASS/ WILDFLOWER MIX: 13 CORNUS STOLONIFERA' KELSEY S DWARF' /DOGWOOD 1 GAL 88 "'.- x ''<.�,. .• = THE PRAIRIE SEED INSTALLER SHALL BE REQUIRED TO ENTER INTO AN I M5•• AGREEMENT WITH THE OWNER FOR AN ADDITIONAL (2) YEARS OF ON-GOING O PENNISETUM RUBRUM / FOUNTAIN GRASS 1 GAL 21 `::-• - ' -. '-, (� ti� MAINTENANCE OF THE PRAIRIE AREAS IN ADDITION TO THE (1) YEAR UNDER t ��,% WARRANTY FOLLOWING INSTALLATION. MAINTENANCE SHALL INCLUDE MONTHLY a 9 2 MOWING OF PRAIRIE TO CONTROL COVER CROP GROWTH, POT SPRAY OF THE � PINUS MUGO MUCO /DWARF MUCO PINE 5 GAL 2 WEEDS, HAND -SEEDING BARE SPOTS GREATER THAN 4" IN DIAMETER AND �' y REMOVAL OF ANY NOXIOUS WEEDS FROM THE SITE. MAINTAIN SEEDED AREAS IN Fag ACCORDANCE WITH THE MNDOT SEEDING MANUAL, 2007 EDITION MAINTENANCE ® SALIXPURPUREA' NANA' /DWARF ARCTIC WILLOW 5 GAL 56 ' REQUIREMENTS. TOTAL 1 6 7 .-- GENERAL NOTES, : TOTAL REQUIRED 1 6 7 XCEL ENERGY PROJECT#: 1 S EE CIVIL PLANS FOR EXACT LOCATION AND S IZE OF EMS TING TREES - 115 47038 2. HYDRO S EED ALL DIS TURBED AREAS WITH S EED MIX PER PIAN. PRAIRIE w 95,417 S F S HORT/DRY WIIDFLO WER MIX 1 , 275 S F RES TORE TO MATCH EMS TINGI El EN ISSUE: _ RESTORATIONS INC. TO EVALUATE EXISTING CONDITIONS, PERFORM SOIL TES TING RATE: 40LBS PER ACRE FIELD VERIFY AND RESTORE CONSTRUCTION DOCUMENT ' AND REVISES EED MIX AS PER MANUFACTURE RECOMMENDATIONS. APPLICATION HYDRO S EED AND HYDROMULCH LANDSCAPE TO MATCH EMS TING. ISSUE DATE: 3. PROVIDE SHREDDED BARK MULCH FOR ALL PLANTING ADJACENT TO BUILDING PER VENDER: PRAIRIE RESTORATIONS, INC. REPLACE EMS TING PLANTING WITH LIKE 07.27.2012 Gleditsia triacanthos'Skyline' Acer freemanii 'Jeffersred' Acer rubrum Fraxinus americana 'Autumn Blaze' 4. �iiGATIONWILL BEREQUIRED TOESTABLISH DROUGHT TOLERANT ORNAMENTAL HEIGHT 2'-3' ID AND o EMS TINGATIOELEMENTS TO CAD DWG FILE NAME: PLANTS. IRRIGATION PLANS AND DETAILS WILL BE PROVIDED IN FINAL DES IGN. 191 14 2 S F SHORT DRY GRAS S THEIR ORIGINAL CONDITION. PRINTED: 10-29-12 AJM 6. CONTRACTOR TO REPLACE AND REPAIR EMS TING 1 0' AS PHALT PATH AT ALL CURB s 1 Y r •-" '• dv '� RATE: 10 LBS PER ACRE REV DATE ISSUED DESCRIPTION DRWN •r �y .. °' CUTS AND PROVIDE ADA ACCESS PER LOCAL CODE x APPLICATION: HYDROSEID AND HYDROMULCH 7 . ALL S HRUBS AND GROUND COVER IN S ITE VIS IBILITY TRIANGLE TO BE MAINTAINED 10-30-12 CITY CLARIFICATION AM ' . • � ; . VENDER PRAIRIE RESTORATIONS, RA O C '± • s BELOW 3 0 ". ALL TREES S HALL HAVE A CLEAR TRUNK O F A MIN. 6 ' WITH NO TL NS , IN HEIGHT: SHORT 6 " TO 1 6 " BRANCHES, LEAVES OR SUCKERS t s - 8. ALL PLANTING TO BE INS TAILED PER LOCAL CODE 9. SEE CIV L PIANS AND SITE PIAN FOR ADA ROUT AND RAMPS 6 , 0 5 1 S F UJ W GROUND COVER /BARK MULCH Z ' ., - ' . .r•.� _ 10. SEE CIVIL PLANS FOR ALL GRADING AND DRAINAGE IMPROVEMENTS2 " DEPTH BARK MULCH OVER WEED BARRIER 1 1 . INSTALL A 4 " DEPTH MULCH RING AROUND ALL TREES PER STANDARD TREE DETAIL S UBMIT SAMPLE FOR APPROVAL 12. THE LANDS CAPE CONTRACTOR S HALL PROVIDE AN APPROPRIATE WATERING ID Pinus mugo mugo Pennisetum rubrum SCHEDULE TO ESTABLISH TREES, SHRUBS AND GROUNDCOVER BASED ON LOCAL S ITE CONDITIONS 21,773 SF TALL WET GRAS S MIX E 1 3 . ALC DE. AMEND IL SOIL TES T S HALL BE PERFORMED PER S PECS AND LOCAL O S O \ FOR WETLAND AND RIPARIAN ZONES - Y BASED ON S OIL TES T AND LAB RECOMMENDATIONS. RATE: 10 LBS PER ACRE FT 14 . REFER TO CIVIL PLANS FOR EROSION CONTROL AND PERCOLATION APPLICATION: HYDROSEED AND HYDROM[JICH SHEET TITLE: REQUIREMENTS THAT NEED TO BE MAINTAINED. VENDER: PRAIRIE RESTORATIONS, INC. 1 5 . CLEAR AND GRUB ALL LANDSCAPE AREAS INCLUDING THE HYDRO SEED, HEIGHT- 3' TO 7' NORTH EXISTING LANDSCAPE PLAN BARKMULCH AND ROCK MULCH AREA'S sIF 54 SF DECORATIVE ROCK MULCH 2012 1 " SCREENED RIVER ROCK 2 " DEEP OVER FILTER FABRIC (TYP) COLOR T.B.D. 0 40 80 120 feet SHEET NUMBER: I -v Salix purpurea 'Nana' Cornus stolonifera 'Kelsey's Dwarf' Pinus nigra Abies balsamea Pinus strobus 'Globed Scotch Pine' SCALE: 1"= 40' C180 4 1 5 1 6 I • .• s , r}ydly/� • e �• 1 s ®• 3" 3 3.. 3" N 3" I I 3" N U� TREES AND WETLAND TO A BE PROTECTED IN PLACE -- (FUTURF 2020)� SUBSTATION II \ TRAIN, NG BUILDING /(EXISTING SUBSTATION _- /RAINING BUILDIN SALVAGE AND RELOCATE ALL HIGHLIGHTED TREES • 6 \ '®••• e . e -it `♦Aun a ®,••®®ee �®•®, •� �; • � �' , � ♦ ♦�oi it rR nn+ a `�, e _�� � e ♦♦ e � @,I °moi`• • � , `♦ • \ I � • • 1 •� � 1 �•••.♦ a Lrll ♦ • • 1 • e `' �� a �G \ \ I e• •' •♦ e • • \ • ♦� •.ee •♦o���N� a �••• i� � 1 � �, � wluW�w�♦ ♦®•••ee ee® ••♦ •♦ � e '•••` ee ,♦ \ � `�� ♦e/ e • � �; � '�`ti`, ♦• ♦,•••.'e, Imo•• • I e ♦ ♦®• a '•® • • • \ •♦1♦♦ ee •� 4• ��• •®••ae �Q v3 •• ♦•®��� e 5P3"� SP3" P3" SP3.. / ® Inage and*PPP y3 Easement per P: °plat a D�OY O*O� ADDITVOI 3 / ' I SPY ?� SP3.. I I 5 i 7 i 3" \ Building setback line SP3 o 3" I 3, 3 3 / 3" (EXISTING)TRAINING BARN • s, s e EDGE OF WETLAND AS DELINEATED BY PINNACLE ENGINEERING, INC. ,� PRELIMINARY LANDSCAPE PLAN 1" = 40'-0" C:\Revit Projects\A16_Xcel Gas Training_7192017 ADDITION INCLUDED_HEngle.rvt 7/21/2017 3:48:19 PM I I I I I � I I 922.2 923.3 r r r / 922.9 / / / / (EXISTING) GAS + ELECTRICAL TRAINING \ GENERAL NOTES: 1. HYDROSEED ALL DISTURBED AREAS WITH SEED MIX PER PLAN. 2. PROVIDE SHREDDED BARK MULCH FOR ALL PLANTING ADJACENT TO BUILDING PER PLAN. 3. IRRIGATION WILL BE REQUIRED TO ESTABLISH DROUGHT TOLERANT ORNAMENTAL PLANTS. IRRIGATION PLANS AND DETAILS WILL BE PROVIDED IN FINAL DESIGN. 4. CONTRACTOR TO REPLACE AND REPAIR EXISTING 10' ASPHALT PATH AT ALL CURB CUTS AND PROVIDE ADA ACCESS PER LOCAL CODE. 5. ALL PLANTING TO BE INSTALLED PER LOCAL CODE. 6. SEE CIVIL PLANS FOR GRADING AND DRAINAGE IMPROVEMENTS. 7. REFER TO CIVIL PLANS FOR EROSION CONTROL AND PERCOLATION REQUIREMENTS THAT NEED TO BE MAINTAINED. 4„ 1"/ TRUE PROJECT NORTH NORTH CONIFERS COMMON NAME CONT QTY QTY REMARKS EXISTING NEW BALSAM FIR B & B 6 6' HEIGHT AUSTRIAN BLACK PINE B & B 6 6' HEIGHT e W a►""w.* EASTERN WHITE PINE g & B 6 6' HEIGHT EXISTING CONIFEROUS TREE 36 TOTAL 36 + 18 = 54 DECIDUOUS TREES COMMON NAME CONT QTY QTY REMARKS EXISTING NEW AUTUMN BLAZE MAPLE B & B 2 21/2" CAL RED MAPLE B & B 2 21/2" CAL RELOCATE SALVAGED TREE OR (15) RELOCATE 0 REPLACE WITH LIKE KIND ON SITE OEXISTING TREE (2) REMOVE 0 AUTUMN BLAZE WHITE ASH B & B 3 21/2" CAL 0 SKYLINE HONEY LOCUST B & B 3 21/2" CAL EXISTING DECIDUOUS TREE 38 TOTAL 38 + 10 = 48 SHRUBS COMMON NAME CONT QTY QTY REMARKS EXISTING NEW DOGWOOD 1 GAL 88 0 FOUNTAIN GRASS 1 GAL 21 15 DWARF MUGO PINE 5 GAL 2 0 DWARF ARCTIC WILLOW 5 GAL 56 0 ®•' •.♦ TOTAL 167+ 15 = 182 NEW PLANTS , NOTE: 9 EXISTING CONFIRS PLUS 18 NEW CONFIRS TO EQUAL 27 ORNAMENTAL TREES THAT ARE REQUIRED. SHORT/DRY WILDFLOWER MIX RATE: 40 LBS PER ACRE APPLICATION HYDROSEED AND HYDROMULCH HEIGHT 2'-3' SHORT DRY GRASS RATE: 10 LBS PER ACRE APPLICATION: HYDROSEED AND HYDROMULCH HEIGHT: SHORT 6" TO 16" RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants ...: 333 SOUTH SEVENTH STREET SUITE 1200 MINNEAPOLIS, MINNESOTA 55402 MAIN 612-339-4941 FAX 612-339-8354 WWW.MICHAUD000LEY.COM ENGINEERING SOLUTIONS Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A NoTFo RF��M� � CONS q�'Y T,Q�cTi ON Project No. 6263.303.48 Drawn By HE Checked By GS Date 07/17/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date I Description PROPOSED LANDSCAPE PLAN C180 Q o_ 0 0 i na CL c Q) E Q) 0 W LZ c Q) 0) 0 LOT 1, BLOCK 1 SITE PLAN 1" = 40'-0" C:\Revit Projects\A16_Xcel Gas Training_HEngle.rvt 7/6/2017 1:56:38 PM EDGE OF WETLAND AS DELINEATED BY PINNACLE ENGINEERING, INC. LIGHT AREA I Gn I Irl -IT Pr)l P ADA ACCESS T( EXISTING PATH CURB CUT PROJECT NORTH EXISTING 1-3 INDUSTRIAL DEVELOPMENT DEVELOPMENT SUMMARY: i ueveiopment summary Site Area * Gross 32.097 Acres Buildable (From Buildable Area Worksheet) 24.148 Acres Building Area Office/Classroom Building 20,900 SF Training Barn 15,400 SF Substation 1 5,000 SF Substation II 12,000 SF Total 53,300 SF Impervious Surface Area Pavement 82,223 SF Gravel (Allowance) 53,816 SF FAR (Building Area/Gross Site Area x 100) ** 3.8% Site Coverage (Building Area + Impervious / Site Area x 100) *** 12.9% Parking Required **** 77 Stalls Provided 81 Stalls Note: *1 Acre = 43,560 SF ** Maximum lot area to be covered by buildings for BP zoning per 90-106.e = 40% *** Maximum lot area to be covered by impervious surface for BP zoning per 90-106.e = 80% **** Per 90-253.4 Training Building 7,400 SF Office (Class V11) = 3 + (7400/200) = 40 3 classrooms, 5 labs, 50 student max (Class X) = (8+(50/7)) = 15 Training Barn 15,400 SF Warehouse (Class V) = (15,400/1500) = 10 Substation Training Building 1 5,000 SF Warehouse (Class V) = (5000/1500) = 4 Substation Training Building II (FUTURE) 12,000 SF Warehouse (Class V) = (12000/1500) = 8 Project Description: The proposed gas training site consists of 16 one story, unoccupied wood framed structures used for gas leak training. Total square footage of the structures is 2,066 sq. ft. See sheet A002 for enlarged plan. RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A <qN' V G� ZpN/NC Project No. 6263.303.48 Drawn By HE Checked By GS Date 07/06/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date Description LOT 1, BLOCK 1 SITE PLAN A001 1 �I CONCRETE SIDEWALK W/ CURB/GUTTER 10'X 20' TRAINING'APARTMENT' CLASS'5' GRAVEL "STREETS" (SHOWN SHADED) I `-BLACK WIRE MESH SECURITY FENCE (SCREENWALL) ---� 10'X 1 TRAINING'HOUSES' (TYP.) (FIVE EXISTING TO BE RELOCATED) 15'X 30' TRAINING CLASSROOM SECURITY ENTRY/EXIT EXISTING SECURITY FENCE RELOCATED W/ NEW SUBSTATION II ADDITION2018 A ( ) � I CLASS'5' GRAVEL (SHOWN SHADED) RE -LOCATED SECURITY GATE • �� i CURRENT PROPERTY LINE TO BE ELIMINATED AND BOTH XCEL ENERGY PARCELS COMBINED. PAPERWORK INTO THE COUNTY. EXISTING FENCE LINE q0 (FUTURE 2020 SUBSTATION 11� r / TRAINING BUILDING 41, A803 o/ , \� (EXISTING) SUBSTATION /> 12,000 S.F. TRAINING BUILD G. GAS TRAINING SITE 0.91 ACRES ! , COMPRESSOR STORAGE BUILDING O'' ' (EXISTING) TRAINING BARN (EXISTING) s GAS + ELECTRICA _ TRAINING c� Jp �F 0 10 50 100ft j j CARevit Projects\A16_Xcel Gas Training_HEngle.rvt 7/6/2017 3:39:41 PM RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A c(� ZpN�NG TRUE NORTH Project No. 6263.303.48 Drawn By HE Checked By GS Date 06/12/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date Description SITE ENLARGEMENT A002 EF - SITE INFORMATION: SITE WILL COVER LESS THAN AN ACRE 16 TOTAL BUILDINGS WILL BE BUILT (1) CLASSROOM BUILDING (1) APARTMENT OUTBUILDING (14) HOUSE OUTBUILDINGS 46 LEAK SIMULATIONS SCENARIO STATIONS WILL BE CONSTRUCTED ACCESS DRIVEWAY TO FACILITY WILL BE PAVED ALL DRIVE WAYS INSIDE THE FACILITY WILL BE PERMEABLE GRAVEL TYPE ROADWAYS A CMU BLOCK WALL WILL SURROUND THE FACILITY AND SECURE THE PERIMETER. (2) ROLLING GATES WILL ALLOW ACCESS IN AND OUT OF THE FACILITY A COMPRESSOR WILL BE INSTALLED TO PURGE THE LINES RUN TO THE VARIOUS STATIONS LEGEND: PLAN KEYNOTES - ENLARGED PLAN NO. DESCRIPTION 1 TYPICAL OUTBUILDINGS USED FOR SCENARIOS 2 CLASS `5' GRAVEL "STREETS" 3 CONCRETE SIDEWALK 4 NEW SECURITY FENCE 5 NEW SECURITY ROLLING GATE 6 CLASSROOM BUILDING 7 APARTMENT OUTBUILDING 3 COMPRESSOR ENCLOSURE AND STORAGE SHED 9 GRASS EF - SITE INFORMATION: SITE WILL COVER LESS THAN AN ACRE 16 TOTAL BUILDINGS WILL BE BUILT (1) CLASSROOM BUILDING (1) APARTMENT OUTBUILDING (14) HOUSE OUTBUILDINGS 46 LEAK SIMULATIONS SCENARIO STATIONS WILL BE CONSTRUCTED ACCESS DRIVEWAY TO FACILITY WILL BE PAVED ALL DRIVE WAYS INSIDE THE FACILITY WILL BE PERMEABLE GRAVEL TYPE ROADWAYS A CMU BLOCK WALL WILL SURROUND THE FACILITY AND SECURE THE PERIMETER. (2) ROLLING GATES WILL ALLOW ACCESS IN AND OUT OF THE FACILITY A COMPRESSOR WILL BE INSTALLED TO PURGE THE LINES RUN TO THE VARIOUS STATIONS LEGEND: PLAN T EXISTING PARTITION XX KEYNOTE E TO REMAIN — NEW PARTITION NOT IN CONTRACT NEW DOOR AND/OR FRAME 9 EXISTING WALL AND DOOR TO REMAIN C:\Revit Projects\A16—Xcel Gas Training—HEngle.rvt 7/6/2017 3:39:42 PM GAS TRAINING PLAN 1/8" =1'-0" E RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A G(� ZpN�NG Project No. 6263.303.48 Drawn By HE Checked By GS Date 06/12/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date Description GAS TRAINING SITE A003 T E 9 3 5 6 2 A801 — — — — — — — — — — — — -- I-- I -- -- --------------- CC 3D El I o I � 6 11 �g A801 7 E I I A801 �`----------- M El9 - 3 3 l 1 ---------------- 3 5 3 El E El El 9 4 ------------ N Q 551-411 GAS TRAINING PLAN 1/8" =1'-0" E RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Architect under the laws of the State of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A G(� ZpN�NG Project No. 6263.303.48 Drawn By HE Checked By GS Date 06/12/2017 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. © Copyright RSP Architects 2017. All rights reserved. Revisions No. Date Description GAS TRAINING SITE A003 A801 5 15'-011 VINYL WINDOW co Er:) VINYL WINDOW �\ ASPHALT SHINGLES HOLLOW METAL DOOR = HORIZONTAL 0 0 0 � CEMENTITIOUS SIDING � RSP Architects 1220 Marshall Street NE 612.677.7100 WOOD RAMP �e HORIZONTAL Minneapolis 612.677.7499 fax _ �® CEMENTITIOUS SIDING Minnesota 55413-1036 www.rsparch.com A801 2 4 A801 �� CONCRETE STAIRS Consultants O 2 CLASSROOM - WEST ELEVATION 3 CLASSROOM - SOUTH ELEVATION 1/4" = 1'-0" 1/4" = 1'-0" Certification ASPHALT SHINGLES VINYL WINDOW I I \ I I HORIZONTAL CEMENTITIOUS SIDING I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and HORIZONTAL that I am a duly licensed Architect under the laws of the 3 CEMENTITIOUS SIDING State of Minnesota. CLASSROOM BUILDING A801 1 1/4" =1'-0" WOOD RAMP Signature THIS BUILDING WILL SERVE AS BOTH TEACHING SPACE FOR PRESENTING MATERIALS AND e® SCENARIOS. IT WILL CONTAIN BATHROOM FACILITIES THAT SERVE THE TRAINEES WHILE ON o� Registration Number SITE AND ALLOW FOR GROUPS TO MEET FOR DISCUSSION AND ELECTRONIC PRESENTATIONS. e�Ef THIS BUILDING WILL HAVE AUDIO/VISUAL CAPABILITIES THAT WILL ALLOW FOR LOCAL o Date PRESENTATIONS OF MATERIALS RELEVANT TO THE TRAINING. CONNECTIVITY BACK TO THE MAIN BUILDINGS IS NOT REQUIRED. Project For CLASSROOM - EAST ELEVATION CLASSROOM - NORTH ELEVATION XCEL ENERGY A801 HUGO GAS -- $--- TRAINING ------ FACILITY VINYL WINDOW 10 1—Ott ASPHALT SHINGLES HOLLOW METAL DOOR ASPHALT SHINGLES ASPHALT SHINGLES 110 HORIZONTAL HORIZONTAL A801 9 7 A801 CEMENTITIOUS SIDING CEMENTITIOUS SIDING NTNG � — VINYL WINDOW CONCRETE STAIRS /N CONCRETE STAIRS G 116* / HORIZONTAL HORIZONTAL CVCEMENTITIOUS SIDING CEMENTITIOUS SIDING F \ OD DO Do I[] O �o D 10 O O A801 HOUSE -EAST ELEVATION HOUSE -NORTH ELEVATION HOUSE -WEST ELEVATION HOUSE -SOUTH ELEVATION HOUSE OUTBUILDING 114" =1' 0"=1' 0"=1' 0"=1' 0" 6 1/4" =1' 0" THE HOUSE OUTBUILDINGS WILL BE USED FOR LEAK SURVEY, EMERGENCY RELIGHTS, TURN -ONS AND TEACHING PROTOCOLS RELATED TO GAS LEAKS. THE BASIC SIZE OF THESE STRUCTURES WILL BE 10'X10'. THEY WILL BE CONSTRUCTED WITH A WOOD FRAMED STRUCTURE WITH CEMENTITIOUS SIDING AND AN ASPHALT SHINGLE ROOF. Project No. 6263.303.48 Drawn By HE A801 i` Checked By GS 15 Date 06/12/2017 10'-011 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of RSP Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors and office personnel only in accordance with this Notice. I I I I I I © Copyright RSP Architects 2017. All rights reserved. I I I Revisions No. Date Description N O 12 A801 A801 14 1 O ASPHALT SHINGLES HOLLOW METAL DOOR ASPHALT SHINGLES HORIZONTAL CEMENTITIOUS SIDING HORIZONTAL CEMENTITIOUS SIDING CONCRETE STAIRS CONCRETE STAIRS � HORIZONTAL (y CEMENTITIOUS SIDING `.a���a 0� E:1 E:1 �I IN 13 A801 0� �0 O ,_ O � D 11 �114 TMENT OUTBUILDING APARTMENT - EAST ELEVATION APARTMENT - SOUTH ELEVATION APARTMENT - WEST ELEVATION ENLARGED PLANS PARTMENT -NORTH ELEVATION 0" 1 1/4' — 1 0 1/4" =1' 0" 1/4" =1' 0" 1/4" =1'-0" AND ELEVATIONS THE APARTMENT OUTBUILDING WILL BE USED FOR LEAK SURVEY, EMERGENCY RELIGHTS, TURN -ONS AND TEACHING PROTOCOLS RELATED TO GAS LEAKS DEALING WITH MULTIPLE TENANT SCENARIOS. THE BASIC SIZE OF THIS STRUCTURE WILL BE 12'X201. IT WILL BE CONSTRUCTED WITH A WOOD FRAMED STRUCTURE WITH CEMENTITIOUS SIDING AND AN ASPHALT SHINGLE ROOF. A801 CARevit Projects\A16—Xcel Gas Train ing—HEngle.rvt 6/20/2017 11:47:21 AM 00 C) 206-611 `2 FUTURE TRAINING ADDITION - ENLARGED PLAN fro'=1'-0 EXISTING SUBSTATION TRAINING 3 a i H.M. DOOR AND FRAME — WINDOWS FUTURE TRAINING ADDITION - NORTH ELEVATION FUTURE TRAINING ADDITION - SOUTH ELEVATION be =1'{I i.ivi. c,x,xnx r,ixu i i,nwe- FUTURE TRAINING ADDITION - EAST ELEVATION 1/8"= 1'-0" C:Wevit PmjectsVU6-Xcel Gas Training_HEngleM 7p7201712:45:07 PM i� .xe,I-,xiV I,,-WeI-IV".,r,,,WOR-ELECTRICALLY POWERED C CC CN i crvt. vvvn nnv t nniw� 4 GENERAL NOTES: 1. BUILDING FULLY SPRINKLED. 2. BASEBOARD AND INFRARED HEAT SYSTEMS. 3. INTERIOR WALLS TO BE PAINTED. 4. EXTERIOR MATERIALS TO MATCH EXISTING TYPE AND COLOR FUTURE TRAINING ADDITION - WEST ELEVATION 1Y -v VVI, .iV-v rVYaLi„r, Ire• = r -o• RSP Architects 1220 Marshall Street NE 612.677.7100 Minneapolis 612.677.7499 fax Minnesota 55413-1036 www.rsparch.com Consultants Certification I hereby certify that this plan, specification or report was prepared by mm or under my direct supervision and that I am a duly licensed Architect under the laws of the Slate of Minnesota. Signature Registration Number Date Project For XCEL ENERGY HUGO GAS TRAINING FACILITY A Z.1HN�"Vc CV ZONING RF�Fw Project No. 6263.303.48 Drawn By HE Checked By GS Date 06/19/17 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are proprietary and cannot be cooled, duplicated or commemially exploited, in whole or in pan, without express written permission of RSP Architects. These are available for limited review and evaluation by climate, consultants, contractors, gwemmmnt agencies, vendors and office personnel only in accordance withthis Notice. 0 Copyright RSP Architects 2017. All rights reserved. Revisions No. I Date I Description FUTURE TRAINING ADDITION - ENLARGED PLAN AND ELEVATIONS A803 i Recei"wnoe 4120002 I EAS $46.00 Not Required ECRV xempt UomTax 111111�k� 111111111111111111111111111 Remm to Certified Flled endlor recoMed on: CIN OF HUGO 14669 FITLGERALD AVE N 7/181201711:07 AM 14UM MN 55M 4120002 office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder i Kevin Carbid, Auditor 7reesww RETiiRN M. Rachel Juba City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 PUBLIC UTILITY EASEMENT THIS INDENTURE, made this Is day of July, 2017, by and between Kevin T. Peltier, party of the first part; and the City of Hugo, Washington County, Minnesota, party of the second part. WHEREAS, the above-named parties of the first part are the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties of the first part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Hugo, its successors and assigns the following: r An easement for public utility improvements with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public utility purposes, for the purpose of maintaining, repairing or replacing the said public utilities over, across, through and under the lands hereinafter described, together with the right to excavate and refill ' ditches and/or trenches for the location of said public utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utilities. The party of the second part shall reestablish vegetation in any areas it disturbs. The party of the first part shall be permitted to install and maintain fencing within the easement. The party of the second part shall repair or replace to equal condition any fence damaged or removed by its activities. That said public utility easement located in the County of Washington, State of Minnesota, is described as follows, to -wit: The North 400.00 feet of the West 60.00 feet of the Northwest Quarter of the Northeast Quarter of Section 32, Township 31, Range 21, Washington County, Minnesota. (see attached Exhibit A of the easement area). The party of the first part does hereby covenant with the party of the second part, that they are lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: 7 Kevin T. Peltier CMRACHEL A. LEITZ STATE OF MII�TNESOTAss. "NOTARY PUBLIC -MINNESOTA CmPAsim EVkas Jan. 31, 2020 COUNTY OF WASHINGTON) On this day of kJoll , 2017, before me, a Notary Public, within and for said County and State, personally appeared Kevin T. Peltier, to me personally - known, who acknowledged said instrument to be his free act and deed. Notary Public IN PRESENCE OF: PARTY OF SECOND PART: CITY OF By Tom Weidt, Its Mayor By Michele Lindau, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of 2017, before me, a Notary Public, in and for said County and State, appeared Tum Weidt and Michele Lindau, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Hugo who executed the foregoing document by authority of the City Council of the City of Hugo, and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Hugo. THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651)464-7292 Notary Public 4 i Exhibit A I L zZZ/Z Z7J PERMANENT EASEMENT tmMob AI Soft Sub W NiPPwga6.MN 06x0 — 3H0 -�-� Proposed Permanent Easement Description: TheNorth 400.00 feet of �e West 60.00 feet of the Northwast Quarter of the Northeaj$ Quarter of Section 32, Tow0ship 31, Range 21, Washington County, Minnesota. 1Pr, ✓ S ": ✓' V" r; �jGO J. r rr tr�rP�rr6t, Parcel Sketch Beaver Pond Sanitary Sewer Rehab Hugo, Mfnnesottr June Z7, 2077 Projecf No: 010044-00 OWNER: PELTIER KEVIN'T PID: 3203121120011 ADDRESS: 13084 GOODVIEW AVE N White Bear Latae, MN 551'10 A WSB ■ VB �M 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541-48000 August 2, 2017 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Construction Pay Voucher No. 1 147th Street North Sidewalk Extension City of Hugo, MN WSB Project No. 1904-871 Dear Mayor and Council Members: Please find enclosed Construction Pay Voucher No. 1 in the amount of $63,725.62 for the above - referenced project. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 1 for Arnt Construction Co., Inc. If you have any questions or comments regarding the enclosed, please contact me at (763) 287-8532. Thank you. Sincerely, WSB & Associates, Inc. aures L. Stremel, PE Project Manager Enclosures cc: Steve Duff, City of Hugo Nick Arnt, Arnt Construction Co., Inc. srb 0 Building a legacy —your legacy. Equal Opportunity Employer I wsbeng.como K.101904-8711AdminlConstruction AdminlRidding 20171Pay Vouchers0904-871 CST LTR VO 1 CTY-hmcc-080217.docx WSB CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project 01904-871 - 147th Street North Sidewalk Extension Pay Voucher No. 1 Contract No. Vendor No. For Period: 5/10/2017 - 7/28/2017 Warrant # Date Funds Encumbered Original $87,997.80 Additional N/A Total $87,997.80 Work Certified This Pay Voucher Contractor: Arnt Construction Company 2190 Phelps Road Amount Paid This Pay Voucher Hugo, MN 55038 01904-47 Contract Amounts $67,079.60 Original Contract $87,997.80 Contract Changes $0.00 Revised Contract $87,997.80 Work Certified To Date Base Bid Items $67,079.60 Backsheet $0.00 Change Order $0.00 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $67,079.60 Contract No. Vendor No. For Period: 5/10/2017 - 7/28/2017 Warrant # Date Funds Encumbered Original $87,997.80 Additional N/A Total $87,997.80 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Arnt Construction Company County/City/Project Engineer ust 2, 2017 Date City of Hugo Date Contractor Date Page 1 Work Certified This Pay Voucher Work Certified To Date Less Amount Less Previous Retained Payments Amount Paid This Pay Voucher Total Amount Paid To Date 01904-47 $67,079.60 $67,079.60 $3,353.98 $0.00 $63,725.62 $63,725.62 Percent Retained: 5% Percent Complete: 76.2287% Amount Paid This Pay Voucher $63,725.62 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By Arnt Construction Company County/City/Project Engineer ust 2, 2017 Date City of Hugo Date Contractor Date Page 1 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-47 Pay Voucher No. 1 01904-47 Payment Summary No. From Date To Date Work Certified Amount Retained Amount Paid Per Pay Voucher Per Pay Voucher Per Pay Voucher 1 05/10/2017 07/28/2017 $67,079.60 $3,353.98 $63,725.62 Totals: $67,079.60 $3,353.98 $63,725.62 01904-47 Fundina Cateaory Resort Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid No. To Date Retained Payments Pay Voucher To Date UNF 67,079.60 3,353.98 0.00 63,725.62 63,725.62 Totals: $67,079.60 $3,353.98 $0.00 $63,725.62 $63,725.62 01904-47 Fundina Source Resort Accounting Funding Amount Paid Revised Funds Paid To No. Source This Contract Encumbered Contractor Pay Voucher Amount To Date To Date UNF Unfunded 63,725.62 87,997.80 87,997.80 63,725.62 Totals: $63,725.62 $87,997.80 $87,997.80 $63,725.62 Page 2 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-47 Quantity Amount Contract This This Quantity Pay Pay Voucher Voucher 1 1 $500.00 66 66 $792.00 70 70 $560.00 70 0 $0.00 1 0 $0.00 1 1 $1,200.00 5 0 $0.00 401 12 1 $120.00 140 140 $1,400.00 1 1 $1,430.00 2 2 $400.00 1 0 $0.00 1 1 0 1 $0.00 1 0 $0.00 190 190 $8,246.00 10 0 $0.00 10 0 $0.00 130 130 $2,340.00 Ay V UUl4 Quantity Amount To Date To Date 1 $500.00 66 $792.00 70 $560.00 0 $0.00 0 $0.00 1 $1,200.00 0 $0.00 121 $120.00 140 01904-47 Project Material Status Line Item Description Units Unit $0.00 0 Price SCHEDULE A - STREET IMPROVEMENTS 1 2021.501 MOBILIZATION LS $500.00 REMOVE 2 2104.501 RETAINING L F $12.00 WALL REMOVE 3 2104.503 CONCRETE SIF $8.00 WALK REMOVE 4 2104.505 BITUMINOUS S Y $10.00 DRIVEWAY PAVEMENT 5 2104.509 REMOVE GATE EACH $330.00 VALVE AND BOX 6 2104.509 REMOVE EACH $1,200.00 STAI RS SAWING 7 2104.511 CONCRETE L F $10.00 PAVEMENT (FULL DEPTH) SAWING 8 2104.513 BITUMINOUS L F $10.00 PAVEMENT (FULL DEPTH) 9 2104.521 SALVAGE CHAIN L F $10.00 LINK FENCE 10 2104.523 SALVAGE EACH $1,430.00 HYDRANT 11 2104.523 SALVAGE SIGN EACH $200.00 12 2104.601 SALVAGE YARD EACH $800.00 LIGHT SALVAGE AND 13 2104.601 REINSTALL LS $1,200.00 LANDSCAPE STRUCTURE SALVAGE AND 14 2104.602 REINSTALL EACH $1,000.00 FENCE GATE COMMON 15 2105.501 EXCAVATION C Y $43.40 (EV) (P) STREET 16 2123.610 SWEEPER HOUR $1.00 (WITH PICKUP BROOM) 17 2130.501 WATER (DUST M $1.00 CONTROL) GALLONS 18 2211.501 AGGREGATE TON $18.00 BASE CLASS 5 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-47 Quantity Amount Contract This This Quantity Pay Pay Voucher Voucher 1 1 $500.00 66 66 $792.00 70 70 $560.00 70 0 $0.00 1 0 $0.00 1 1 $1,200.00 5 0 $0.00 401 12 1 $120.00 140 140 $1,400.00 1 1 $1,430.00 2 2 $400.00 1 0 $0.00 1 1 0 1 $0.00 1 0 $0.00 190 190 $8,246.00 10 0 $0.00 10 0 $0.00 130 130 $2,340.00 Ay V UUl4 Quantity Amount To Date To Date 1 $500.00 66 $792.00 70 $560.00 0 $0.00 0 $0.00 1 $1,200.00 0 $0.00 121 $120.00 140 $1,400.00 1 $1,430.00 2 $400.00 0 $0.00 0 $0.00 0 $0.00 190 $8,246.00 0 $0.00 0 $0.00 130 $2,340.00 Page 3 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-47 Pay Voucher No. 1 01904-47 Project Material Status Quantity Amount Line Item Description Units Unit Contract This This Quantity Amount Price Quantity Pay Pay To Date To Date Voucher Voucher TYPE SP 9.5 WEARING 19 2360.503 COURSE MIX S Y $80.00 40 0 $0.00 0 $0.00 (2,B) 3.0" THICK - BIT D/W 20 2411.507 CONCRETE EACH $500.00 2 2 $1,000.00 2 $1,000.00 STAIRWAY 21 2504.602 HYDRANT EACH $4,950.00 1 1 $4,950.00 1 $4,950.00 22 2504.602 ADJUST GATE EACH $385.00 1 1 $385.00 1 $385.00 VALVE AND BOX CONNECT TO 23 2504.602 EXISTING EACH $2,750.00 1 1 $2,750.00 1 $2,750.00 WATER MAIN 24 2504.602 6" GATE VALVE EACH $1,650.00 1 1 $1,650.00 1 $1,650.00 AND BOX 6" WATERMAIN 25 2504.603 DUCTILE IRON L F $56.00 8 4 $224.00 4 $224.00 CL 52 26 2505.601 UTILITY LS $1,200.00 1 0 $0.00 0 $0.00 COORDINATION 27 2521.501 6" CONCRETE SIF $6.58 3260 2470 $16,252.60 2470 $16,252.60 WALK ADA 28 2531.601 COMPLIANCE LS $300.00 1 1 $300.00 1 $300.00 SUPERVISOR 29 2531.618 TRUNCATED SIF $38.00 12 12 $456.00 12 $456.00 DOMES BLOCK 30 2540.618 RETAINING SIF $32.00 280 273.25 $8,744.00 273.25 $8,744.00 WALL CONNECT TO 31 2557.602 EXISTING EACH $200.00 2 0 $0.00 0 $0.00 FENCE ORNAMENTAL 32 2557.603 FENCE DESIGN L F $50.00 140 0 $0.00 0 $0.00 SPECIAL A ORNAMENTAL 33 2557.603 FENCE DESIGN LIN FT $80.00 9 0 $0.00 0 $0.00 SPECIAL B 34 2563.601 TRAFFIC LS $2,980.00 1 1 $2,980.00 1 $2,980.00 CONTROL 35 2564.602 INSTALL SIGN EACH $200.00 2 0 $0.00 0 $0.00 DECIDUOUS 36 2571.502 TREE 2" CAL TREE $640.00 5 5 $3,200.00 5 $3,200.00 B&B STORM DRAIN 37 2573.530 INLET EACH $100.00 4 0 $0.00 0 $0.00 PROTECTION FIBER LOG Page 4 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-47 Pay Voucher No. 1 01904-47 Project Material Status Quantity Amount Line Item Description Units Unit Contract This This Quantity Amount Price Quantity Pay Pay To Date To Date Voucher Voucher 38 2573.540 TYPE STRAW LIN FT $5.00 200 0 $0.00 0 $0.00 BIOROLL SODDING, TYPE 39 2575.505 LAWN (INCL. S Y $18.00 210 400 $7,200.00 400 $7,200.00 TOPSOIL & FERT.) Totals For SCHEDULE A - STREET IMPROVEMENTS: $67,079.60 $67,079.60 Project Totals: $67,079.60 $67,079.60 Page 5 A WSB ■ VB �M 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541-48000 August 2, 2017 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Construction Pay Voucher No. 2 North Sunset Lake Area Street Improvement Project S.A.P. 224-123-001 / 224-109-001 City of Hugo, MN WSB Project No. 1904-930 Dear Mayor and Council Members: Please find enclosed Construction Pay Voucher No. 2 in the amount of $286,611.82 for the above - referenced project. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 2 for T.A. Schifsky & Sons, Inc. If you have any questions or comments regarding the enclosed, please contact me at (763) 287-8532. Thank you. Sincerely, WSB & Associates, Inc. Vames L. Stremel, PE Project Manager Enclosures cc: Steve Duff, City of Hugo Rob Stangler, T.A. Schifsky & Sons, Inc. srb 0 Building a legacy —your legacy. Equal Opportunity Employer I wsbeng.como K.*W1904-93MAdmWConstruction AdmWPay Vouchers0904-930 CST LTR VO 2 CTY-hmcc-080217.docx WSBI CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project 01904-93 - HUGO - 2017 Street and Utility Improvement Project Pay Voucher No. 2 Contract No. Vendor No. For Period: 6/22/2017 - 7/21/2017 Warrant # Date Funds Encumbered Original $1,273,990.06 Additional N/A Total $1,273,990.06 Work Certified This Pay Voucher Work Certified To Date Contractor: T. A. Schifsky & Sons, Inc. Amount Paid This Pay Voucher 2370 East Hwy. 36 01904-93 North St. Paul, MN 55109 Contract Amounts $286,611.82 Original Contract $1,273,990.06 Contract Changes $0.00 Revised Contract $1,273,990.06 Work Certified To Date Base Bid Items $453,970.40 Backsheet $0.00 Change Order $0.00 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $453,970.40 Contract No. Vendor No. For Period: 6/22/2017 - 7/21/2017 Warrant # Date Funds Encumbered Original $1,273,990.06 Additional N/A Total $1,273,990.06 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By T. A. Schifsky & Sons, Inc. County/City/Project Engineer Contractor Date 1, 2017 Date City of Hugo Date Page 1 Work Certified This Pay Voucher Work Certified To Date Less Amount Less Previous Retained Payments Amount Paid This Pay Voucher Total Amount Paid To Date 01904-93 $301,696.65 $453,970.40 $22,698.52 $144,660.06 $286,611.82 $431,271.88 Percent Retained: 5% Percent Complete: 35.6337% Amount Paid This Pay Voucher $286,611.82 1 This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Approved By Approved By T. A. Schifsky & Sons, Inc. County/City/Project Engineer Contractor Date 1, 2017 Date City of Hugo Date Page 1 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-93 Pay Voucher No. 2 01904-93 Payment Summa No. From Date To Date Work Certified Amount Retained Amount Paid Per Pay Voucher Per Pay Voucher Per Pay Voucher 1 06/07/2017 06/21/2017 $152,273.75 $7,613.69 $144,660.06 2 06/22/2017 07/21/2017 $301,696.65 $15,084.83 $286,611.82 Totals: $453,970.40 $22,698.52 $431,271.88 01904-93 Fundina Cateaory Report Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid No. To Date Retained Payments Pay Voucher To Date 001 219,422.49 10,971.12 85,462.76 122,988.61 208,451.37 002 126,190.66 6,309.53 57,135.80 62,745.33 119,881.13 003 108,357.25 5,417.86 2,061.50 100,877.89 102,939.39 Totals: $453,970.40 $22,698.51 $144,660.06 $286,611.83 $431,271.89 01904-93 Fundina Source Resort Accounting Funding Amount Paid Revised Funds Paid To No. Source This Contract Encumbered Contractor Pay Voucher Amount To Date To Date 01 State 122,988.61 406,424.72 406,424.72 208,451.37 02 State 62,745.33 237,575.70 237,575.70 119,881.13 03 Local 100,877.89 629,989.64 629,989.64 102,939.39 Totals: $286,611.83 $1,273,990.06 $1,273,990.06 $431,271.89 Page 2 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-93 Pay Voucher No. 2 01904-93 Project Material Status Quantity Line Item Description Units Unit Price Contract This Amount This Quantity Amount Quantity Pay Pay Voucher To Date To Date Voucher SCHEDULE A - STREET IMPROVEMENTS 1 2021.501 MOBILIZATION LS $46,500.00 1 0.25 $11,625.00 0.5 $23,250.00 2 2101.502 CLEARING TREE $300.00 20 0 $0.00 10 $3,000.00 3 2101.507 GRUBBING TREE $185.00 20 0 $0.00 6 $1,110.00 REMOVE 4 2104.505 CONCRETE S Y $5.00 239 31.55 $157.75 31.55 $157.75 DRIVEWAY PAVEMENT REMOVE 5 2104.505 BITUMINOUS S Y $3.00 1643 311.59 $934.77 311.59 $934.77 DRIVEWAY PAVEMENT 6 2104.509 REMOVE SIGN EACH $25.00 29 0 $0.00 0 $0.00 SAWING 7 2104.513 BITUMINOUS L F $2.00 117 262 $524.00 262 $524.00 PAVEMENT (FULL DEPTH) 8 2104.523 SALVAGE SIGN EACH $25.00 9 0 $0.00 0 $0.00 SALVAGE AND 9 2104.601 REINSTALL LS $1,000.00 1 0 $0.00 0 $0.00 LANDSCAPE STRUCTURES SALVAGE AND 10 2104.602 REINSTALL EACH $125.00 12 0 $0.00 0 $0.00 MAILBOX COMMON 11 2105.501 EXCAVATION CU YD $17.00 937 40 $680.00 40 $680.00 (EV) (P) SUBGRADE 12 2105.507 EXCAVATION C Y $10.00 1407 40 $400.00 40 $400.00 (EV) SELECT 13 2105.522 GRANULAR C Y $10.00 1407 0 $0.00 0 $0.00 BORROW (CV) 14 2105.601 DEWATERING LS $100.001 1 0 $0.00 0 $0.00 SOIL 15 2105.604 STABILIZATION S Y $3.85 1000 0 $0.00 0 $0.00 GEOGRID 16 2105.604 GEOTEXTILE S Y $2.00 2000 0 $0.00 0 $0.00 FABRIC TYPE V 17 2112.501 SUBGRADE RDST $240.00 160 59 $14,160.00 159 $38,160.00 PREPARATION STREET 18 2123.610 SWEEPER (WITH HOUR $100.00 40 0 $0.00 0 $0.00 PICKUP BROOM) 19 2130.501 WATER (DUST M $30.00 120 66.5 $1,995.00 66.5 $1,995.00 CONTROL) GALLONS AGGREGATE 20 2211.503 BASE(CV)CLASS C Y $5.00 990 70.6 $353.00 70.6 $353.00 5 RECLAIMED Page 3 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-93 Pay Voucher No. 2 01904-93 Project Material Status Quantity Line Item Description Units Unit Price Contract This Amount This Quantity Amount Quantity Pay Pay Voucher To Date To Date Voucher 21 2211.607 AGGREGATE CU YD $8.00 2170 0 $0.00 0 $0.00 BASE PLACED 22 2215.501 FULL DEPTH S Y $1.95 45480 18635 $36,338.25 45480 $88,686.00 RECLAMATION 23 2221.604 SHOULDER BASE S Y $3.85 4249 0 $0.00 0 $0.00 AGGREGATE BITUMINOUS 24 2231.501 PATCHING TON $60.00 100 0 $0.00 0 $0.00 MIXTURE 25 2504.602 IRRIGATION EACH $325.00 10 0 $0.00 0 $0.00 SYSTEM REPAIR 26 2505.601 UTILITY LS $500.00 1 0.25 $125.00 0.25 $125.00 COORDINATION CONCRETE 27 2531.501 CURB & GUTTER L F $11.00 4250 0 $0.00 0 $0.00 DESIGN SPECIAL 6" CONCRETE 28 2531.507 DRIVEWAY S Y $48.45 239 0 $0.00 0 $0.00 PAVEMENT 29 2540.602 MAIL BOX EACH $100.00 12 0 $0.00 0 $0.00 (TEMPORARY) 30 2563.601 TRAFFIC LS $28,500.00 1 0.25 $7,125.00 0.5 $14,250.00 CONTROL 31 2563.610 FLAG PERSON HOUR $65.00 80 0 $0.00 0 $0.00 32 2564.531 SIGN PANELS SIF $35.00 174 0 $0.00 0 $0.00 TYPE C 33 2564.602 F&I SIGN PANEL EACH $325.00 4 0 $0.00 0 $0.00 TYPE SPECIAL 34 2564.602 REINSTALL SIGN EACH $135.00 9 0 $0.00 0 $0.00 35 2573.502 SILT FENCE, L F $1.95 5368 0 $0.00 0 $0.00 TYPE MS FLOTATION SILT 36 2573.505 CURTAIN TYPE L F $5.00 360 0 $0.00 0 $0.00 STILL WATER STORM INLET 37 2573.530 PROTECTION EACH $40.00 109 2 $80.00 2 $80.00 (CULVERT) STABILIZED 38 2573.535 CONSTRUCTION LS $1,000.00 1 0 $0.00 0 $0.00 EXIT 39 2573.540 FILTER LOG LIN FT $4.00 200 0 $0.00 0 $0.00 TYPE ROCK LOG FILTER LOG 40 2573.540 TYPE STRAW LIN FT $1.00 10101 780 $780.00 1660 $1,660.00 BIOROLL 41 2574.525 LOAM TOPSOIL CU YD $10.00 1116 0 $0.00 0 $0.00 BORROW (CV) 42 2575.501 SEEDING ACRE $1,000.00 0.3 0 $0.00 0 $0.00 43 2575.505 SODDING TYPE S Y $4.25 5876 0 $0.00 0 $0.00 LAWN Page 4 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-93 Pay Voucher No. 2 01904-93 Project Material Status Quantity Line Item Description Units Unit Price Contract This Amount This Quantity Amount Quantity Pay Pay Voucher To Date To Date Voucher EROSION 44 2575.523 CONTROL S Y $2.00 4840 0 $0.00 0 $0.00 BLANKETS CATEGORY 3 45 2575.535 WATER (TURF MGAL $5.00 800 0 $0.00 0 $0.00 ESTABLISHMENT) HYDRAULIC 46 2575.563 MATRIX TYPE S Y $0.25 15021 0 $0.00 0 $0.00 MULCH 47 2575.605 HYDROSEEDING SQ YD $2.00 7403 0 $0.00 0 $0.00 48 2582.502 4" DOUBLE SOLID LIN FT $0.25 10067 0 $0.00 0 $0.00 LINE PAINT 49 2582.502 4" SOLID LINE LF $0.12 20134 0 $0.00 0 $0.00 PAINT 50 2582.502 24" SOLID LINE LF $5.50 46 0 $0.00 0 $0.00 PAINT 1 Totals For Section SCHEDULE A - STREET IMPROVEMENTS: $75,277.77 $175,365.52 SCHEDULE B - DRAINAGE IMPROVEMENTS 51 2104.501 REMOVE SEWER L F $10.00 1683 274 $2,740.00 958 $9,580.00 PIPE (STORM) 52 2105.607 1 1/2" CLEAR C Y $55.00 200 0 $0.00 0 $0.00 ROCK 53 2501.515 15" CS PIPE EACH $275.00 86 4 $1,100.00 24 $6,600.00 APRON 54 2501.515 18" CS PIPE EACH $300.00 10 8 $2,400.00 12 $3,600.00 APRON 55 2501.515 24" CS PIPE EACH $350.00 4 0 $0.00 2 $700.00 APRON 56 2501.603 15" PIPE LF $48.00 1386 82 $3,936.00 580 $27,840.00 CULVERT 57 2501.603 18" PIPE LF $50.00 215 172 $8,600.00 292 $14,600.00 CULVERT 58 2501.603 24" PIPE LF $60.00 82 0 $0.00 55 $3,300.00 CULVERT 59 2502.541 6" PERF PE PIPE LF $25.00 200 0 $0.00 0 $0.00 DRAIN 15" RC PIPE 60 2503.541 SEWER DES 3006 LF $70.00 55 43 $3,010.00 43 $3,010.00 CL V CONNECT TO 61 2503.602 EXISTING STORM EACH $4,000.00 1 1 $4,000.00 1 $4,000.00 SEWER 62 2503.602 CHIMNEY SEALS EACH $175.001 6 0 $0.00 0 $0.00 CONSTRUCT 63 2506.501 DRAINAGE LF $525.00 5 4 $2,100.00 4 $2,100.00 STRUCTURE DESIGN 48-4020 64 2506.501 CONST LF $600.00 6 5 $3,000.00 5 $3,000.00 DRAINAGE STRUCTURE DES Page 5 CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project No. 01904-93 Pay Voucher No. 2 01904-93 Project Material Status Quantity Line Item Description Units Unit Price Contract This Amount This Quantity Amount Quantity Pay Pay Voucher To Date To Date Voucher 72-4020 CONSTRUCT DRAINAGE 65 2506.502 STRUCTURE EACH $1,800.00 3 3 $5,400.00 3 $5,400.00 DESIGN SPECIAL 1 (2'X3') CONSTRUCT DRAINAGE 66 2506.502 STRUCTURE EACH $1,650.00 1 1 $1,650.00 1 $1,650.00 DESIGN SPECIAL 2 CASTING 67 2506.516 ASSEMBLY EACH $500.00 1 0 $0.00 0 $0.00 (CATCH BASIN) CASTING 68 2506.516 ASSEMBLY EACH $500.00 1 0 $0.00 0 $0.00 (STORM) 69 2511.501 RANDOM RIPRAP C Y $110.00 82 46.6 $5,126.00 78.8 $8,668.00 CLASS III 70 2563.610 UTILITY CREW HOUR 1 $600.00 10 0 $0.00 2 $1,200.00 Totals For Section SCHEDULE B - DRAINAGE IMPROVEMENTS: $43,062.00 $95,248.00 ALTERNATE 1 - BITUMINOUS TYPE SP 9.5 71 2360.501 WEARING TON $48.69 4457 0 $0.00 0 $0.00 COURSE MIX (2,B) TYPE SP 12.5 72 2360.502 NON WEAR TON $45.65 7429 4016.58 $183,356.88 4016.58 $183,356.88 COURSE MIX (2,B) TYPE SP 9.5 WEARING 73 2360.603 COURSE SQ YD $19.00 1643 0 $0.00 0 $0.00 MIXTURE (2,B) - 3" THICK Totals For ALTERNATE 1 - BITUMINOUS: $183,356.88 $183,356.88 Project Totals: $301,696.65 $453,970.40 Page 6 SITE NAME: MIN ELL, Lake SITE NUMBER: WATER TOWER LEASE AGREEMENT This Agreement, made this day of , 20_, between City of Hugo, with its principal offices at 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038 hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the "Tower", located at 5290 — 159 Street North, Hugo, Minnesota 55038, as being further described in Exhibit "A" attached hereto and made a part hereof (the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with interior water tower space (the "Interior Space") sufficient for the installation of LESSEE's equipment cabinets; together with the non-exclusive right ("the Right of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, 159' Street North, to the Tower and Interior Space; and together with any further rights of way (the "Further Rights of Way") over and through the Property and Tower between the Interior Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Interior Space, Right of Way and Further Rights of Way, if any, are collectively referred to hereinafter as the "Premises", are substantially described in Exhibit "A", attached hereto and made a part hereof. In the event any public utility is unable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit "B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading or otherwise risk damage or harm to said Tower. MIN Egg Lake Water Tower Lease Agreement 36405600 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. RENT: TERM; ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Twenty Four Thousand and No/100 Dollars ($24,000.00) to be paid annually, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 24 below. The initial term shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the equipment on the Premises falls between the 1St and 1561 of the month, the initial term shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31" of the month, then the initial term shall commence on the 1st day of the following month (either the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial annual rental payment may not actually be sent by LESSEE until sixty (60) days after a written acknowledgement confirming the Commencement Date. The annual rental shall be increased by two and one half percent (2.5%) each year on the anniversary of the Commencement Date. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 24. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. MIN Egg Lake Water Tower Lease Agreement 3640560v1 2 Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. C. LESSOR shall, at all times during the Term, provide access to LESSEE for electrical service and telephone service within the Premises. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. All billing accounts for power service and phone service shall be set up by the LESSEE and be in the LESSEE's name. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. d. The placement of the equipment cabinets, cables, and other equipment shall be subject to the prior approval of the LESSOR, such approval shall not be unreasonably withheld, conditioned or delayed. LESSEE shall be entitled to ingress, egress, and access from an open and improved public road and access path 24 hours a day, seven days a week, except in case of unforeseen emergency. LESSEE will not allow any mechanic's or materialmen's liens to be placed on the Property as a result of its work on the Property. e. LESSEE agrees that if its equipment produces noticeable noise levels that exceed noise regulations per the local ordinances and/or state laws, LESSEE will, at its own expense, install a noise buffer. f. LESSEE shall not interfere with LESSOR's use of the Property for water storage or water service purposes(interference with others to whom LESSOR has granted the use of,the Property is governed by Paragraph 14 below), and agrees to cease all such actions which unreasonably and materially interfere with the use thereof by LESSOR no later than three (3) business days after receipt of written notice of the interference from LESSOR. If the interference cannot be eliminated within thirty (30) days after LESSEE has received written notice, either LESSOR or LESSEE may, at its option, terminate this Agreement immediately. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least nine (9) months prior to the end of the then current term. The annual rental shall be increased by two and one half percent (2.5%) each MIN Egg Lake Water Tower Lease Agreement 3640560v1 3 year on the anniversary of the Commencement Date. LESSOR may terminate this Agreement at the end of the second five (5) year extension term (15 years) and at the end of the third extension term by giving LESSEE written notice of the intent to terminate at least twelve (12) months prior to the end of the applicable extension term. 5. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least nine (9) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least nine (9) months prior to the end of such term. The annual rental shall be increased by two and one half percent (2.5%) each year on the anniversary of the Commencement Date. The initial term and all extensions shall be collectively referred to herein as the "Term". 6. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. MIN Egg Lake Water Tower Lease Agreement 3640560v1 4 7. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective three (3) months after the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder which shall survive termination. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. a. Notwithstanding the indemnity in Paragraph 8, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such MIN Egg Lake Water Tower Lease Agreement 3640560v1 policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. ii. Commercial Auto Liability insurance on all owned, non -owned and hired automobiles with a combined single limit of one million ($1,000,000) each accident for bodily injury and property damage. iii. Workers Compensation insurance providing the statutory benefits and Employers Liability with a limit of $1,000,000 each accident/disease/policy limit. LESSEE will include the LESSOR as an additional insured as their interest may appear under this Agreement on the Commercial General Liability and Auto Liability policies. C. LESSOR will maintain at its own cost municipal general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 8 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE, after the initial five-year term, shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that nine (9) months prior notice is given to LESSOR. 12. ACCESS TO TOWER. LESSEE, at all times during this lease, shall have reasonable access to the premises in order to install, operate, and maintain its facilities. LESSEE shall have access to the premises only with the approval of LESSOR LESSEE acknowledges that the site is adjacent to private property with an access easement on said private property. LESSOR's approval shall extend the access rights to the LESSEE for the use of the easement to access the premises. LESSEE shall request access, from LESSOR, to the premises twenty four (24) hours in advance, except in an emergency, and LESSOR's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for LESSEE to have access to the premises at some time outside normal working hours of LESSOR (6:30 am to 3:00 pm, Mon -Fri), MIN Egg Lake Water Tower Lease Agreement 3640560v1 C LESSOR may charge LESSEE for whatever expense, including employees' wages, which the LESSOR may incur in providing such access to LESSEE. 13. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 34 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. No materials or installation methods may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration or damage or risk of damage of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR performing maintenance, repair or similar work at the Property or on the Tower provided: a. The Temporary Relocation is similar to LESSEE's existing location in size and is reasonably compatible for LESSEE's use, in LESSEE's reasonable determination; b. LESSOR gives LESSEE at least ninety (90) days written notice prior to requiring LESSEE to relocate; c. LESSEE's use at the Premises is not significantly interrupted or diminished during the relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation; and d. Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return to its original location or suitable alternate from the temporary location. 14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR (other than water storage/service equipment which is governed by Paragraph 3(f)) or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after -installed LESSEE's MIN Egg Lake Water Tower Lease Agreement 3640560v1 7 equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all steps necessary to correct and eliminate the interference within thirty (30) days, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. If the interference issue is not remedied within thirty (30) days, LESSEE shall cease operating the interfering equipment. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Parry shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be equal to 125% of the rent applicable during the month immediately preceding such expiration or earlier termination. 17. N/A 18. N/A 19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest .to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, MIN Egg Lake Water Tower Lease Agreement 3640560v1 8 easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 21. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Parry shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 22. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the internal Laws of the State in which the Property is located without regard to its conflicts of law principles. Any litigation shall be exclusively venued in the Washington County District Court. 23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder provided, however, that LESSEE shall continuously provide updated and current contact information to LESSOR. 24. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): MIN Egg Lake Water Tower Lease Agreement 3640560v1 0 LESSOR: City of Hugo 14669 Fitzgerald Avenue North Hugo, Minnesota 55038 Attention: City Administrator LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 26. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non - Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Tower or Property, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then - existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if Lender becomes the owner of the Tower or Property and (3) agrees accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be MIN Egg Lake Water Tower Lease Agreement 3640560v1 10 entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 27. N/A 28. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach except in case of a breach which threatens harm to persons or property, which breach shall be immediately corrected, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 29. REMEDIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Parry shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to MIN Egg Lake Water Tower Lease Agreement 3640560v1 11 mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 30. ENVIRONMENTAL. a. LESSOR shall be responsible for all obligations of compliance with applicable Federal, State and Local requirements governing environmental and industrial hygiene matters including, but not limited to, those set out in any applicable statute, regulation, order, legal decision or by common law, except to the extent that any failure to comply with a requirement is caused by the activities of LESSEE or its subcontractors or agents. LESSOR agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of soils excavated at the Property during construction of LESSEE's facility. b. LESSOR shall hold LESSEE harmless, defend and indemnify LESSEE from and assume all duties, responsibility and liability, at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, attorney's fees or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which results or is alleged to have resulted from any (i) failure to comply with any legal requirement governing environmental or industrial hygiene matters except to the extent that any such non-compliance is caused by LESSEE; and (ii) environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises or activities conducted thereon, except to the extent that such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. MIN Egg Lake Water Tower Lease Agreement 3640560v1 12 32. CONDEMNATION. In the event of any condemnation of the Property, Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 33. SUBMISSION OF AGREEMENT / PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. MIN Egg Lake Water Tower Lease Agreement 3640560v1 13 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. MIN Egg Lake Water Tower Lease Agreement 3640560v1 Signatures on following page Remainder of page intentionally left blank 14 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year written below. LESSOR: LESSEE: City of Hugo By: Name: Its: Mayor Date: By: Name: Its: City Clerk Date: MIN Egg Lake Water Tower Lease Agreement 3640560v1 Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: _ Name: Its: Date: Remainder of page intentionally left blank 15 Exhibit "A" Legal Description of Property The South 225 feet of the East 350 feet of the Southeast % of the Southeast % of Section 7, Township 31, Range 21, Washington County, Minnesota. MIN Egg Lake Water Tower Lease Agreement 3640560v1 16 Exhibit "A" Sketch of Interior Space within Property ILEM NIIEMN SFKE AT WER STEL LEYH. 50 SaV1E FEEr (i CAL OF S) EMU FLWN SPACE1 H IMMUNE LOS. I 200 SIM FEET EAISDNG DDEIM OF WOODED AREA. EYI5nK FE510EMNL - LOTS, TQiCAL MIN Egg Lake Water Tower Lease Agreement 3640560v1 LESSEE UnUTIES RIOM OF WNT, IU' -r WIDE I j I w 1 E I L i I I I I I \ I 1 •� f f� I I 1 I f ( EmnND GRAEL ORK I I I �6 ROOM 4F OW, 1 I 21r -V WIDE IDUTINGLINE SOP M 11 1 EMSTNC NSP FAMU M. -COMMA w . OF WAY. ES ACCF l U1 I fIUOLE FLIM ffi-0' ■IDE ,1 EGSTMG N5P MUM. I }T— CONEN.%G EYDSIING SAROARY SEWER --=]'• 1; I MUM CONTO"A IEYJSDNO awc unary ]I� i .,i l,. j• EASEYEM. CONTNJMS EY6W- GRAVEL ORNE I EKIS'IING FENCE L14E I ri �LL4 I EIKK MC CURD,GUIIER AND APPRCVlTI �.•, I;_:-YI I ar.11Na in HR I I {TT 15M STREET NGRIH I I I I 1 1 I I 1 NORTH MINC EGG LAKE 17 —I Exhibit "A" Sketch of Tower Space MIN Egg Lake Water Tower Lease Agreement 3640560v1 18 vu sTxucn� I,c6.s Aus +a3.e Arx , 70P OF UNk IM.7' M6U157.VAQ {If7jAj1 LEI4EE N#Eft VACL R IRP10 � L CN. OF �' HEIGHT 102Zi' N6 100.C' !GL T OOF ,�NA1$k�91A"Aa oom®omo i oom E ooMEomo oom®omo- r a 9Y2,1 eui.0. AGL NORTH MINC EGG LAKE MIN Egg Lake Water Tower Lease Agreement 3640560v1 18 Exhibit "B" Radio Communications Equipment, Antennas and Appurtenances Twelve (12) antennas at 100 foot centerline above ground level, three (3) cable lines from equipment to antennas, equipment cabinets with communications/power supply equipment, telephone and electrical facilities, and all associated equipment and appurtenances related to the aforementioned antennas, lines, equipment and facilities. MIN Egg Lake Water Tower Lease Agreement 3640560v1 July 13, 2017 Mr. Chuck Preisler Building Official City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Phone: 651-762-6313 E-mail: cpreislerkci.hugo.mn.us SUBJECT: HUGO FIRE STATION 5323 140TH STREET NORTH HUGO, MN 55038 PROPOSAL #P17-17-12595-02 & 03 Dear Mr. Preisler: Roof Spec Inc. 2400 Prior Avenue North St. Paul, MN 55113 (651) 639-0644 (651) 639-1828 (fax) 800-494-4085 www.roofspec.com Enclosed please find our proposal for Roof Design and Quality Assurance Observation for the above - referenced facility. This proposal includes the following documents: - Scope of Services/Fee Schedule - Proposal and Contract Agreement - Indemnification and Waiver Relating to Asbestos If you find this proposal acceptable, please sign, date and return the attached Proposal and Contract Agreement to our office at your earliest convenience. If you should have any questions or require further information, please contact our office. Respectfully, ROOF SPEC, INC. Weston Thone, RRO, RRC, CDT Senior Consultant WT/jrc Enclosures « BUILDING ENVELOPE CONSULTING « SPECIFICATIONS « DESIGN « CONSTRUCTION MANAGEMENT M INSPECTIONS M TESTING « All information is submitted as the confidential property of our clients. Any copies or extractions are reserved pending our written approval. 19 Roof Spec, Inc. 2400 Prior Avenue North St. Paul, MN 55113 www.roofspec.com Proposal #P17-12595-02 & 03 Roof Design and Quality Assurance Observation Services For: Hugo Fire Station 5323140th Street North Hugo, MN 55038 Prepared for: Mr. Chuck Preisler Building Official City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Prepared By: Mr. Weston Thone, RRO, RRC, CDT Senior Consultant Roof Spec, Inc. 651-639-0644 Fax 651-639-1828 « BUILDING ENVELOPE CONSULTING « SPECIFICATIONS « DESIGN « CONSTRUCTION MANAGEMENT « INSPECTIONS « TESTING « All information is submitted as the confidential property of our clients. Any copies or extractions are reserved pending our written approval. City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN INTRODUCTION ROOF SPEC(mi. INC.' July 13, 2017 Page 2 RSI Proposal #P17-12595-02 & 03 Roof Spec, Inc. (RSI) is an independent engineering/consulting firm specializing in evaluation, design, and construction administration (observation) services of the building envelope. RSI's Roofing and Building Envelope Group provide general consulting, document review, investigation, testing, construction administration (observation) services to building owners, contractors, and design professionals. RSI focuses on inspecting/consulting on unique air/vapor/thermal barrier, claddings, waterproofing, flashing, roofing and wall issues related to moisture intrusion and longevity. As an independent engineering firm, we have no obligations to contractors, architects, or manufacturers which allow RSI to provide unbiased counsel to you, our client. Our engineering, consulting, and field support staff have extensive hands-on experience and knowledge. This expertise ensures the services you receive are timely, accurate and delivered to meet the highest professional standards. We are committed to providing our clients with timely answers and quality solutions. delivering solutions exceeding expectations RSI is a corporation of less than 40 employees. Our focus is on quality rather than quantity. Our skilled and highly trained technical staff has performed work on many specialized, higher education, historical and high profile projects throughout the United States. Disciplines include: Professional Engineers 2 Registered Roof Consultants 5 Registered Waterproofing Consultant 1 Facade (masonry) Consultants/Observers 4 Roof & Waterproofing Observers 8 Certified Infrared Themographers 2 Computer-aided Design (CAD) Specialists 3 Saint Paul's Cathedral, St. Paul, MN City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN PROJECT UNDERSTANDING The roof areas in need of replacement are shown below. ROOF SPEC(mi. INC.' July 13, 2017 Page 3 RSI Proposal #P17-12595-02 & 03 Based on the information received we plan to provide engineering services for design and specifications for reroofing of the areas highlighted above. For the completion of design documents we would request that any existing drawings for the original construction be made available and we would also need to gain access to the roof areas to perform test cuts at various locations to verify existing conditions prior to bidding. We also will determine the suitability of the existing structure to support roof mounted solar panels. City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN SCOPE OF SERVICES SPECIFICATION PREPARATION ROOF SPEC(mi. INC.' July 13, 2017 Page 4 RSI Proposal #P17-12595-02 & 03 Prepare re -roofing specifications and drawings that define the scope of demolition work, identify the appropriate materials and quality control procedures, and address details. Roof Spec, Inc. will verify the scope of work through our field verification process where access is available. A drafting team will make test openings at various locations to verify the existing conditions. This allows for accurate detailing of the existing conditions and enables us to provide a design package for the new roof system obtaining bids on an apples to apples basis. We will then attempt to verify our findings with any existing documentation available. Whenever possible, the existing insulation and roof system components are re -used to minimize both the impact of re -roofing on the interior operations of the facility and to reduce the overall project costs. Samples of the existing roof system and flashings are submitted by a Minnesota Certified Asbestos Inspector for laboratory analysis. The removal of any asbestos containing roofing materials is then addressed in the project specifications. Roof Spec, Inc. will design the new roof system by preparing a project manual with job specific references to the roof areas. A set of detail drawings consisting of a site plan, roof plan, general notes and pages of project specific details will also be provided. Once construction documents are complete, Roof Spec, Inc. will solicit bids from preapproved contractors and coordinate the scheduling of a pre-bid meeting. The purpose of a pre-bid meeting is to conduct a guided walk-through of the facility roof and familiarize prospective bidders with the project. Roof Spec, Inc. will then attend the bid opening, review the bid results and provide a bid tabulation and recommendation of award. We then prepare a contract on AIA Document A101-2007 standard form of agreement between Owner and Contractor where the basis of payment is a stipulated sum. If the owner requests a different contract, we will adapt whatever version is required. ROOF SPEC(mi. INC.' City of Hugo July 13, 2017 Hugo Fire Station Page 5 5323 1401h Street North, Hugo, MN RSI Proposal #P17-12595-02 & 03 CONSTRUCTION ADMINISTRATION/OBSERVATION Construction administration services begin once the bid has been awarded. At this time, a pre - construction meeting is conducted to familiarize all team members with their respective roles and any additional concerns the Owner may have. Scheduling, clean-up, invoicing and permits are also discussed to ensure they are secured and followed. Throughout the entire project, the Quality Assurance Observer conducts periodic observations to document whether the work is proceeding according to the contract documents. The Quality Assurance Observer acts as the Owner's liaison to the contractor to field any questions, address proposed additions and/or deletions to the contract, and obtain resolutions to any problems which may be encountered. The primary objectives for such observations are to document: • quality of workmanship • use of proper installation techniques • conformance to specifications • proper material storage • adequate manpower and progress • proper daily clean-up Written reports are provided to the owner summarizing the daily activities, and any situations encountered throughout the project. Photographic illustrations of the construction process are included as part of the reports. City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN COSTS A. DESIGN & BIDDING ROOF SPEC(mi. INC.' July 13, 2017 Page 6 RSI Proposal #P17-12595-02 & 03 ITEM I DESCRIPTION COST 1 Schematic Design/ Design Development Phase including Formal Design Report $5,000.00 2 Construction Documentation Phase including Formal Construction Documentation $4,000.00 3 Bidding $1,200.00 4 Structural Evaluation $2,000.00* Design Subtotal (lump sum) $12,200.00 B. CONSTRUCTION ADMINISTRATION AND QUALITY ASSURANCE OBSERVATION ITEM DESCRIPTION COST 1 Services of Quality Assurance Observer to perform observation services of re-roofing/repair procedures, review all contractor's invoice and submittals: Estimated 40 hrs @ $95.00/hour = $3,800.00 2 Senior Roof Consultant to attend meetings prepare final report of membrane condition and punch list: Estimated 10 hours @ $130.00/hour = $1,300.00 3 Clerical Staff to prepare and assemble final reports for distribution: Estimated 2 hours @ $65.00/hour = $130.00 4 Mileage: Estimated 360 miles @ $0.50/mile = S180.00 CA/QAO Subtotal $5,410.00 (T & E) * Structural Evaluation will be billed actual. City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN REMARKS ROOF SPEC(mi. INC.' July 13, 2017 Page 7 RSI Proposal #P17-12595-02 & 03 In RSI's past 30 years in business, we have successfully worked with numerous construction managers, general contractors, architects/engineers, and building owners on a national basis. RSI ability to work as a team with other project stakeholders while still maintaining our independent status is a key component of our success in past projects. We look forward to the opportunity of working with The City of Hugo to assist in completing the subject project. For any additional services requested by the client not specifically identified on this proposal, we would bill the client at an hourly rate based on the attached fee schedule. This proposal is valid for ninety (90) calendar days. If you should have any questions or require additional information, please contact our office. Thank you. Respectfully, ROOF SPEC, INC. Weston Thone, RRO, RRC, CDT Senior Consultant City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN ROOF SPEC(mi. INC.' July 13, 2017 Page 8 RSI Proposal #P17-12595-02 & 03 2017 ROOF SPEC FEE SCHEDULE I Principal: $160.00/hour II Professional Engineer: $150.00/hour III Litigation Services: Preparation: $170.00/hour Testimony: $220.00/hour IV Senior Wall/Roof/Waterproofing Systems $130.00/hour Consultant/RRC/RWC V Project Manager/RRO: (Portal to Portal) $95.00/hour Consulting, Review & Report VI Project Designer $95.00/hour VII Field Technician: $75.00/hour Full Time/Part Time (Portal to Portal) VIII CAD/ Design Draftsperson: $75.00/hour IX Administration/Clerical Staff $65.00/hour X Mileage (Portal to Portal): $0.505/mile XI Per $39.00/day Diem: $39.00/Day Laboratory Analysis I New Construction Built-up Roof Samples - ASTM:D3617 Without Surfacing $300.00 With Glaze/Surface Coat $350.00 With Flood Coat and Gravel $450.00 II Existing Built-up Roof Sample (Asphalt/Coal Tar Pitch) (ASTM:D2829) $450.00 III Softening Point of Bitumen (Asphalt/Coal Tar Pitch) (ASTM:D2398 & ASTM:D36) $200.00 IV ASTM:D312 Asphalt Analysis $400.00 V ASTM:D1863 Gradation $150.00 VI Moisture Tests: Thermal Insulation by Weight $ 85.00 Felt - ASTM:D95 $170.00 VII Pick Up Charge $150.00 City of Hugo Hugo Fire Station 5323 1401h Street North, Hugo, MN ROOF SPEC(mi. INC.' July 13, 2017 Page 9 RSI Proposal #P17-12595-02 & 03 Roof Spec Inc. 2400 Prior Avenue North St. Paul, MN 55113 (651) 639-0644 (651) 639-1828 (fax) 800-494-4085 www.roofspec.com PROPOSAL AND CONTRACT AGREEMENT This agreement is made this 13' day July, 2017, between Roof Spec, Inc., 2400 Prior Avenue North, St. Paul, NIN 55113, and City of Hugo (hereinafter referred to as the "Owner/Client"). In consideration of this Contract Agreement ("Contract"), and other valuable consideration, the receipt of which is acknowledged, the parties agree to the following terms and conditions. ARTICLE I —Project and Scope of Work This Contract covers the labor and services to be performed and/or supplied by Roof Spec, Inc. to the Owner/Client for the following Project ("Project"): RSI Project No.: P17-12595-02 & 03 Project Name: Hugo Fire Station Project Location: 5323 140th Street North, Hugo, MN 55038 The Owner/Client agrees to pay Roof Spec, Inc. for all labor, material, and services provided on the Project, as stated below. The scope of work for this Project is incorporated by this reference ("Scope of Services") ARTICLE II — Contract Documents The Contract documents, which constitute the entire agreement between Owner/Client and Roof Spec, Inc., consist of the following: • This Contract • Scope of Services • Indemnification and Waiver Relating to Asbestos • Change orders and modifications to this Contract executed after date hereof. • Any Written Amendments to this Contract. ARTICLE III — The Owner/Client's Duties and Representations 1. Owner/Client will provide Roof Spec, Inc. immediate access to the building and roof area for review purposes at all times during regular business hours. 2. Owner/Client agrees to pay Roof Spec, Inc. all amounts due under this Contract. a BUILDING ENVELOPE CONSULTING a SPECIFICATIONS a DESIGN a CONSTRUCTION MANAGEMENT a INSPECTIONS a TESTING a All information is submitted as the confidential property of our clients. Any copies or extractions are reserved pending our written approval. ROOF SPEC01. INC City of Hugo July 13, 2017 Hugo Fire Station Page 2 5323 140 Street North, Hugo, MN RSI Proposal #P17-12595-02 & 03 3. Owner/Client agrees that the balance of all sums due under this Contract shall be immediately due and payable upon completion of services by Roof Spec, Inc., and Roof Spec, Inc. may charge the maximum legal rate of interest upon any sum due under this agreement which is not paid within 15 days of its due date. Owner/Client agrees to pay reasonable attorney fees and costs incurred in collecting overdue accounts. 4. Owner/Client may make any changes or additions to the Scope of Services in this Contract without invalidating the Contract, as long as the changes are agreed to by all parties and are made in writing. When the Owner/Client makes changes or additions to the Scope of Services, the parties shall create a written Change Order that details the additional work and costs associated with the addition or change to the Contract. The Change Order shall also specify the amount of time that shall be given to Roof Spec, Inc. to perform this additional or changed work. This Change Order shall be agreed upon, in writing, and signed by the parties before the work is started by Roof Spec, Inc. ARTICLE IV — Roof Spec, Inc.'s Duties and Representations 1. Roof Spec, Inc. agrees to perform all work described in the Scope of Services. 2. Roof Spec, Inc. represents that data as to roof surface conditions provided to Owner/Client in an Investigative Report or Roof Survey Report will be valid for 60 days only from the date of such report, unless otherwise stated or confirmed in writing. 3. Roof Spec, Inc. makes no representation as to the structural adequacy of the building to support the roofing repairs or replacement recommended, except upon the basis of written opinion of an independent structural engineer, provided by Owner/Client. ARTICLE V — Indemnification Roof Spec, Inc. agrees to indemnify and hold the Owner/Client harmless from claims for damages, losses, and expenses arising out of or resulting from Roof Spec, Inc.'s performance of the work provided for in this Contract, provided that any such claim, damage, loss or expense (1) is attributable to body injury, sickness, disease or death or to injury to or destruction of tangible property including the loss of use thereof, and (2) is caused in whole or in part by any negligent act or omission of Roof Spec, Inc. anyone directly or indirectly employed by any of Roof Spec, Inc., or (3) is attributable to injuries sustained by any employee of Roof Spec, Inc. during the performance of work under this Contract, for any cause whatsoever. Roof Spec, Inc., however, is not liable to the Owner/Client for damages, losses, expenses, or claims which arise out of the Owner/Client's acts or omissions, negligent or otherwise. Roof Spec, Inc. is also not liable to the Owner/Client, or any other person or entity, for damages, losses, expenses, or claims which arise out of this Project and that are caused by the acts or omissions, negligent or otherwise of parties not under the direct control of Roof Spec, Inc. Owner/Client is responsible for indemnifying Roof Spec, Inc. from all damages and circumstances involving asbestos or asbestos containing materials ("ACM"), as specifically described in the attached "Indemnification and Waiver Relating to Asbestos". ARTICLE VI — Warranties and Disclaimers Roof Spec, Inc. will exercise reasonable skill and judgment in providing its consulting services. Roof Spec, Inc. will not be a guarantor of the Project to which its services are directed, and its responsibility shall be limited to work specifically performed by Roof Spec, Inc. for the Owner/Client. Roof Spec, Inc. shall not be responsible for acts or omissions of the Owner/Client or contractors, subcontractors, or third parties not under the direct control of Roof Spec, Inc. City of Hugo Hugo Fire Station 5323 140`ti Street North, Hugo, MN ROOF SPEC01. INC July 13, 2017 Page 3 RSI Proposal #P17-12595-02 & 03 Roof Spec, Inc. makes no other representations or warranties, express or implied. ARTICLE VII — Limitation of Damages In no event shall Roof Spec, Inc., or its agents or employees, be liable to the Owner/Client, or anybody else, for any special, punitive, incidental, indirect or consequential damages of any kind, whatsoever, including, without limitations, those resulting from the Project, whether or not Roof Spec, Inc. has been advised of the possibility of such damages, and regardless of the theory of liability, arising out of or in connection with the Project. Roof Spec, Inc.'s maximum liability for damages arising from the Project, under any legal theory, shall not exceed the amount paid by the Owner/Client to Roof Spec, Inc. for the work it provided on this Project. The existence of one or more claims or suits or parties will not enlarge this limit. Each party acknowledges that this is the sole remedy that the Owner/Client may obtain from Roof Spec, Inc. Each party also acknowledges that this is an appropriate allocation of risks for the Project. ARTICLE VIII — Miscellaneous 1. This Contract shall be governed and constructed in accordance with the laws of the State of Minnesota. 2. If one or more paragraphs of this Contract are found to be unenforceable, illegal, or contrary to public policy, or are in some other manner declared to be unenforceable by a court of competent jurisdiction, then the remainder of the Contract shall remain in full force and effect to the extent possible. 3. This Contract represents the entire agreement of the parties and supersedes all prior oral or written agreements. 4. This Contract may not be amended, unless the amendment is agreed to by both parties in writing. 5. Execution of this Contract by Owner/Client, or issuance of a purchase order by Owner/Client will constitute acceptance of each and every term and condition of this Contract. Any additional terms or conditions stated in Owner/Client's purchase order, or other written communication accepting this Contract, or contained in any general or special conditions issued by Owner/Client, or by alteration by Owner/Client of this contract form, shall not be valid under any circumstances unless specifically adopted or proved by written response of Roof Spec, Inc. Failure to respond by Roof Spec, Inc. shall be deemed a denial of any additional terms or conditions stated in Owner/Client's acceptance or counter -proposal of Owner/Client. Accepted and agreed to: By (Signature) Title Company Date By Weston Thone (Signature) Senior Consultant Title Roof Spec, Inc. Company Date City of Hugo Hugo Fire Station 5323 140`ti Street North, Hugo, MN ROOF SPEC01. INC July 13, 2017 Page 4 RSI Proposal #P17-12595-02 & 03 INDEMNIFICATION AND WAIVER RELATING TO ASBESTOS In engaging Roof Spec, Inc. to consult on the project which is the subject of the Contract between the parties, the Owner/Client, acknowledges that Roof Spec, Inc. is not contracting to discover, contain, or clean up asbestos or asbestos containing materials ("ACM"). The Owner/Client also agrees that, although asbestos or ACM may be encountered in the roof system or parts of the roof system and areas adjacent thereto, and although activities by Roof Spec, Inc., its employees, agents, or subcontractors (including but not limited to, sampling, and corrective work) may disturb asbestos in the roof system or in other parts of the building of which the roof system is a part and cause such asbestos or ACM to be a hazard, the Owner/Client (i) will not hold Roof Spec, Inc. liable under any legal theory including those based upon any failure to discover or to attempt to discover the presence of asbestos or ACM, failure to contain, remove, or clean up asbestos or ACM or any other act of omission arising from the presence of asbestos or ACM (including disturbing any such presently existing materials); and (ii) will defend and indemnify, to the greatest extent allowable under the law, Roof Spec, Inc., its director, officers, employees, agents, successors and assigns against, and hold them harmless from and in respect of, any claim, demand, loss, liability, cost, or exposure, including, but not limited to, reasonable attorney's fees and property damage related to the presence of asbestos or ACM in the building, or any disturbance of the same, excepting only claims by employees, agents, or subcontractors of Roof Spec, Inc. In the event Roof Spec, Inc., learns of the existence of asbestos or ACM in connection with its work, Roof Spec, Inc.'s sole obligation is to use diligent efforts to notify Owner/Client of the existence of materials. Roof Spec, Inc. shall have the right to discontinue its work and remove its employees from the project (or that portion of the project in which such materials were encountered), without any monetary or time penalty, until those materials (or any hazards related thereto) are abated, encapsulated or removed, and/or it is determined that no hazard exists. This indemnification and waiver shall govern over conflicting or inconsistent clauses of the General Contract, general conditions of the contract, special or supplementary conditions, technical conditions, plans and specifications. A �� O August 2017 September 2017 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 30 31 Aug 1 2 3 4 5 6:00pm National Night Out (Fire Hall) 6 7 8 9 10 6:30pm BOZA 7:00pm Planning Commission 11 12 7:00pm City Council Meeting 7:00pm Comp Plan Workshop (Oneka Room) 13 14 15 1:00pm Historical7:OOpm Commission 5:00pm EDA Meets 16 Parks 17 18 19 20 21 22 23 5:00pm Burger Night (Hugo Legion) 24 6:30pm BOZA 7:00pm Planning Commisison 25 26 7:00pm City Council Meeting 3:30pm Midyear Budget Review 27 28 29 30 31 Sep 1 2 Michele Lindau 1 8/3/2017 2:05 PM September 2 017 September 2017 October 2017 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 27 28 29 30 31 Sep 1 2 3 4 5 6 7 8 9 7:00pm City Council Meeting -NEE NEEDS RESCHEDULED 10 11 12 13 14 15 16 6:30pm BOZA 7:00pm Planning Commission 17 18 19 20 21 22 23 1:00pm Historical 7:00pm Parks 7:00pm City Council Meeting Commission 5:00pm EDA Meets 24 25 26 27 28 29 30 5:00pm Burger Night 6:30pm BOZA (Hugo Legion) 7:00pm Planning Commisison Michele Lindau 2 8/3/2017 2:05 PM