agenda 2. roll call - mayor foster fairmont city council · 2019. 5. 13. · the council took a...

FAIRMONT CITY COUNCILAGENDA

1. CALL TO ORDER -

Regular meeting of the Fairmont City Council held on

MONDAY, MAY 13, 2019

at 5:30 D.m. in the City Hall Council Chambers

2. ROLL CALL -

Mayor FosterCouncilors: Cyphers

HasekHawkinsLubenowPeters

3. DETERMINATION OF QUORUM -

4. PLEDGE OF ALLEGIANCE -

5. APPROVAL OF AGENDA -

6. READING OF MINUTES -

6.1 Minutes of Regular Meeting, April 22, 2019 (01 -04)

7. OPEN DISCUSSION (05)

8. RECOGNITIONS/PRESENTATIONS -

9. SCHEDULED HEARINGS -

10. ADMINISTRATIVE APPEALS -

11. FINANCIAL REPORTS -

12. REPORTS OF BOARDS, COMMITTEES, ANDDEPARTMENT HEADS

13. LICENSES AND PERMITS

13.1 Event Permit-Veterans Park Multi-Block Party (06)

13.1a Application (07-08)

13.2 2019/2020 Beverage License Renewals (09)

13.2a List of 2019/2020 Beverage License Renewals (10-11)

13.3 Event Permit- Freedom 5K & 10K Race (12)

13.3a Permit Application (13-14)13.3b Statement and Map of Routes (15-16)

13.4 Event Permit - Martin County Preservation Assoc./Red Rock (17)Center

13.4a Permit Application (18-19)

14. OLD BUSINESS -

15. NEW BUSINESS -

15.1 State Grant Agreement for Airport Maintenance and Operations (20)

15.1a State Grant Agreement #1033483 (21)

15.1b Resolution 2019-18 (22-27)

15.2 Award Contract for 2019-E Improvement Project (28)

15.2a Resolution 2019-19 (29-30)

15.3 Task Order #9 with KLJ for Professional Services at Airport (31)

15.3a Task Order #9 with KLJ (32-45)

15.4 Engineering Services Contract for Lime Pond Closure (46)

15.4a Engineering Services Proposal from Barr Engineering Co. (47-60)

15.5 Sale of 2019 Improvement Bonds (61)

15.5a Draft Resolution 2019-20 (62-84)

15.5b Bond Rating Analysis (85-90)

15.6 City Standards for Street Light Fixtures and Poles Installed in (91)Conjunction with Small Cel! Installations

15.6a Policy (92)

15.7 Advertise for Bids for 2019-C Construction Project (93)

15.7a Resolution 2019-21 (94-95)

15.8 Separation and Release Agreement with City Attorney (96)

15.9 Criminal Prosecution (97)

15.10 Interim Legal Services (98)

15.11 Advertise for Bids for 2019-B Construction Project (99)

15.11a Resolution 2019-22 (100-101)

16. REGULAR AND LIQUOR DISPENSARY BILLS

17. STATUS REPORTS/COUNCIL/STAFF INFORMATION

18. ADJOURNMENT-

ADDITIONAL ATTACHMENTS

The minutes of the Fairmont City Council meeting held on Monday, April 22, 2019 at the CityHall Council Chambers.

Mayor Deborah J. Foster called the meeting to order at 5:30 p.m.

Council Members Ruth Cyphers, Wayne Hasek, Tom Hawldns, Randy Lubenow and BmcePeters were present. Also, in attendance: City Administrator Mike Humpal, Public Works

Director/City Engineer Troy Nemmers, City Attorney Elizabeth W. Bloomquist, City ClerkPatricia J. Monsen and Police Chief Mike Hunter.

It was moved by Council Member Hawkins to approve the agenda as presented. CouncilMember Cyphers seconded the motion. Council Member Peters made a comment that he would

like to scratch the public report of the City Attorney's Evaluation after the closed session. On

roll call: Council Members Cyphers, Hasek, Hawkins and Lubenow voted aye. Council

Member Peters voted nay. Mayor Foster declared said motion passed.

It was moved by Council Member Peters, seconded by Council Member Lubenow and carried to

approve the minutes of the City Council meeting held on April 8,2019.

During Open Discussion, Jodie Whitmore of 1394 Oak Beach Drive reminded council membersthat they were elected to represent the citizens ofFairmont, not themselves. She did not believe

that the council members had received phone calls requesting what was happening now. RalphMcMillian of 983 Shoreacres Drive reiterated Whitemore's comments and stated that it was an

embarrassment to the City ofFairmont to have council members acting the way they did.

McMilliam urged citizens to do their research and become involved in the election process.

Having no opposition in an election is crazy. He stated that we need better representation than

we have right now.

Mayor Foster proclaimed April 26, 2019 as Arbor Day and the month of May as Arbor Month inthe City ofFairmont. Chad Striemer, City Forester and St. John Vianney's, Mrs. Megan

Finkbeiner's Fourth Grade Class will have a Tree Planting Arbor Day Celebration on April 26th

at 1:30 p.m. at Memory Park.

Mayor Foster opened the public hearing on proposed Resolution 2019-13, the proposedapplication to DEED for a grant under the Minnesota Investment Fund program to assist with theexpansion ofZierke Built Manufacturing to be used for financing equipment and the creation of

jobs. Linsey Preuss, Economic Development Coordinator explained the project. No public inputwas received. Council Member Peters made a motion to close the public hearing. Council

Member Hasek seconded the motion and the motion carried. Council Member Lubenow made a

motion to approve Resolution 2019-13, the submittal of an application to DEED to assist ZierkeBuilt Manufacturing with their business expansion. Council Member Hawkins seconded themotion. On roll call: Council Members Hawkins, Lubenow, Peters, Cyphers and Hasek all

voted aye. No one voted nay. Mayor Foster declared said motion passed.

Mayor Foster opened the public hearing on proposed Ordinance 2019-09, the sale of 407 NorthElm Street through a quit claim deed to Habitat for Humanity of Martin and Faribault Counties.Staci Thompson, Executive Director and Jim Wood, Board President of Habitat for Humanity of

Martin and Faribault Counties was present. Thompson spoke about the project. No public input

was received. Council Member Peters made a motion to close the public hearing. Council

/.

Member Hasek seconded the motion and the motion carried. Council Member Hawkins made a

motion to approve Ordinance 2019-09. Council Member Cyphers seconded the motion. On roll

call: Council Members Lubenow, Peters, Cyphers, Hasek and Hawkins all voted aye. No one

voted nay. Mayor Foster declared said motion passed.

Mayor Foster opened the public hearing on proposed Ordinance 2019-10, the sale of 415 East

Sixth Street through a quit claim deed to Habitat for Humanity of Martin and Faribault Counties.Staci Thompson, Executive Director and Jim Wood, Board President of Habitat for Humanity of

Martin and Faribault Counties was present. Thompson spoke about the project. No public inputwas received. Council Member Hasek made a motion to close the public hearing. Council

Member Hawkins seconded the motion and the motion carried. Council Member Peters made a

motion to approve Ordinance 2019-10. Council Member Lubenow seconded the motion. On

roll call: Council Members Peters, Cyphers, Hasek, Hawkins and Lubenow all voted aye. No

one voted nay. Mayor Foster declared said motion passed.

Council Member Hasek made a motion to approve the parade permit for the Martin County

VFW #1222 for the Memorial Day parade on May 27, 2019. Council Member Lubenowseconded the motion and the motion carried.

Council Member Hawkins made a motion to approve an Event Permit for The Blazer Bar & Grill

to hold a street dance as part of the Interlaken Heritage Days Celebration on June 8, 2019.Council Member Cyphers seconded the motion and the motion carried.

Council Member Peters made a motion to approve an Event Permit for the Fairmont Opera

House to sponsor the performance of Paul "Mayo" Mayasich at the Sylvania Park Bandshell on

June 6,2019. Council Member Hasek seconded the motion and the motion carried.

Council Member Hasek made a motion to approve an Event Permit for the Fairmont Opera

House to sponsor the performance of Becky Schlegel at the Sylvania Park Bandshell onAugust 29, 2019. Council Member Peters seconded the motion and the motion carried.

Council Member Peters made a motion to approve the Intoxicating Liquor License for

McCorkell Racing Enterprises, Inc., d/b/a Faii-mont Raceway, pending a satisfactory backgroundinvestigation. Council Member Hawkins seconded the motion and the motion carried.

Council Member Cyphers made a motion to approve Lakeview Methodist s application to re-

zone a portion of their property at 651 Fairlakes Avenue from Single Family Residential (R-l) toMultiple Family Residential (R-3) to accommodate a skilled nursing care facility. CouncilMember Peters seconded the motion. On roll call: Council Members Cyphers, Hasek, Hawkins,

Lubenow and Peters all voted aye. No one voted nay. Mayor Foster declared said motion

passed.

Council Member Peters made a motion to allow The Blazer Bar & Grill to serve alcoholic

beverages and beer in a beer garden in the public right-of-way in front of their establishment onJune 8, 2019 for the Interlaken Heritage Days Festival. Council Member Hasek seconded the

motion and the motion carried.

7..

Council Member Lubenow made a motion to approve the Fiscal Sponsor Agreement with KidsJust Want to Have Fun for their Mini Golf Course Project. Council Member Hawkins seconded

the motion and the motion carried.

Council Member Cyphers made a motion to declare inventory reported as excess property to be

sold on MN Bid. Council Member Hawkins seconded the motion and the motion carried.

Council Member Peters made a motion to adopt Resolution 2019-17, approving the advertising

of the 2019-D construction project. Council Member Lubenow seconded the motion. On rollcall: Council Members Hasek, Hawkins, Lubenow, Peters and Cyphers all voted aye. No one

voted nay. Mayor Foster declared said motion passed.

Council Member Hawkins made a motion to approve Resolution 2019-14, an entitlement

transfer with the City of On- for the Fairmont Airport. Council Member Cyphers seconded the

motion. On roll call: Council Members Lubenow, Peters, Cyphers, Hasek and Hawkins all


Council Member Lubenow made a motion to approve Resolution 2019-15, an entitlement

transfer with the City of Sauk Centre for the Fairmont Airport. Council Member Cyphers

seconded the motion. On roll call: Council Members Peters, Cyphers, Hasek, Hawkins and

Lubenow all voted aye. No one voted nay. Mayor Foster declared said motion passed.

Council Member Lubenow made a motion to approve Resolution 2019-16, an entitlement

transfer with Houston County for the Fairmont Airport. Council Member Cyphers seconded themotion. On roll call; Council Members Cyphers, Hasek, Hawkins, Lubenow and Peters all


Council Member Peters made a motion to approve the payment of the April 2019 bills in theamount of $598,680.92. Council Member Hasek seconded the motion and the motion carried.

Humpal advised that the City has a new program to help lower income residents clean up their

properties by helping with the cost ofdumpsters.

Council Member Lubenow serves as Council Liaison for the Park Board. Lubenow reported that

Ed Willet recently presented to the Park Board on the Mini Golf Project. Lubenow expressed his

excitement for this great City project.

The Council took a short break and went into closed session at 6:07 p.m., based on Minnesota

Statute 13D.05, Subd. 3(a) to discuss the City Attorney's performance evaluation. The Council

came out of closed session at approximately 7:33 p.m., followed by a short break.

At approximately 7:39 p.m. Council Member Peters made a motion for the Council to go back

into session. Council Member Lubenow seconded the motion and the motion carried.

Mayor Foster reported the results of the closed session saying that three Council Members arevery satisfied with the City Attorney's Evaluation and three Council Members are dissatisfied.

The Council decided to give direction to the City Administrator, Mayor and a council member

chosen by the City Attorney to negotiate a separation agreement with the City Attorney. The

separation agreement will be on the May 13, 2019 City Council Agenda for approval.

^.

A motion was made by Council Member Lubenow, seconded by Peters and carried to adjourn

the meeting at 7:40 p.m.

Patricia J. Monsen, City Clerk

Deborah J. Foster, Mayor

ATTEST:

¥.

CITY OF FAIRMONT-—AGENDA CONTROL SHEET—-AGENDA ITEM NO. 7.1

MEETING DATE: May 13, 2019

SUBJECT: Open Discussion

;\REVIEWED BY: Mike Humpal, CEcD, City Administrator \

SUBJECT INITIATION BY:

Petition Board x Staff Council Commission Committee

SUBJECT BACKGROUND:

INTRODUCED BY: Mayor Deborah J. Foster

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1s Reading

(Introduction only)Ordinance 2"d Reading(Roll call)

Resolution (Roll Call)

Set Public Hearing (Motion)

Hold Public Hearing(Motion to close)

xDiscussion

Information Only

RECOMMENED ACTION BY:

City Staff Board Commission Committee

Issuance

Denial

Approval

Rejection xAuthorization

No action needed

No recommendation

STATEMENT: Prior to regular business, is there any open discussion?

MOTION: None

VOTE REQUIRED:

ATTACHMENTS:1.

2.

3.

Council Action: Date:

£:

CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO. 13.1

MEETING DATE: May 13,2019

SUBJECT: Event Permit - Veterans Park Multi-Block Party

REVIEWED BY: Mike Humpal, CEcD, City Administrator ^.\' '


x Petition Board Staff Council Commission Committee

SUBJECT BACKGROUND: Mike Humpal, CEcD, City Administrator

INTRODUCED BY: Mike Humpal, CEcD, City Administrator

COUNCIL LIAISON:

TYPE OF ACTION:

x Motion (Voice Vote)

Ordinance 1st Reading(Introduction only)Ordinance 2nd Reading(Roll call)

Resolution (Roll Call)Set Public Hearing (Motion)


Discussion

Information Only


x City Staff Council Commission Committee

Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recominendation

STATEMENT: Pastor Fink of the Fairmont United Methodist Church along with GraceTabemacle, St. Martin's Episcopal and Shepherd of the Lakes churches and community groups

will be hosting a neighborhood get together for the Veterans Park neighborhood but is open toanyone that wants to participate. The event will be held Wednesday, May 22nd from 5:00 p.m. -

8:00 p.m.

MOTION: To approve the Event Permit for a neighborhood block party at Veterans Park for

May 22, 2019.

VOTE REQUIRED: Simple Majority

ATTACHMENTS:

1. Event Permit Application


6.

EVENT APPLICATION/PERMIT

This form must be filed with the City at !east thirty (30) days in advance of the event. The City wilireview the application in accordance with the permitting process outlined in the City Code, Chapter.18. Attach additional sheets, maps, etc. if necessary. For events which include overnight camping aseparate addendum must be included with the event application.

Date: May 22, 2019 Permit Fee: $15.00

Event: Veterans' Park Multi-Block Party

Sponsoring entity^ace Tabernacle, Fairmont United Methodist, St Martin's Episcopal, Shepherd of the Lakes

Address: 119 East 2nd St, Fairmont (Fairmont UMC)

Maximum estimated number of persons expected to attend at any one time:_ 300? ^40° served [ast year)

Event coordinator(s): Tony FinkContact Info: (507) 235-5579 phone #

[email protected] E-mail

Primary contacts (during event):Name: TonyFink Name Preston Vaughn

Celi#:_. (507)236-3781 Cell# (218)260-9195E-mail: [email protected] E-mail;

TimeEndEnd

8

Time:Time:

1:00 pm

5:00

8:15pmpm

Event Start Day/Date Wednesday, May 22,2019 _Time: 5:oopmEvent End: Day/Date Wednesday, May 22,2019_

Setup: Day/Date__Wednesday, May 22,2019 ^Start tinne:__^oopn^

Teardown: Day/Date Wednesday, May 22, 2019 _Start time: 8:00 pm

1. Type and description of the event and a list of ail activities to take place at the event.

A multi-block party for the community with a variety of displays of local organizations

We wil! be giving away free food (hotdogs, etc.) and will have live entertainment and games for the children

2. Proposed location of event, including a site pian or diagram of the proposed area to be usedshowing the location of any barricades, perimeter/security fencing, fire extinguishers, safety orfirst aid stations, entertainment, stages, restrooms or portable toiiets, parking areas, ingressand egress routes, signs, special lighting, trash containers and any other items related to the

event.

Piease see the set up from last year's event

7.

3. Will outside drinking water or waste coiiection systems be supplied? Yes; x NoIf yes, supply public health plans, including the number of toilet facilities that wili be avaiiabie.

4. Wiil the event be providing: fire prevention, emergency medica! service, security and severeweather shelter. Yes; X NoIf yes, provide the written plans.

Ves; X _ No5. Will organizers ailow outside food wagon/vendors at the event?!f yes, all food wagons/vendors must complete a Food Wagon/Vendor Permit and submitpayment.

6. Will camping or temporary overnight lodging be included for theêvent? (allowed only at CedarCreek Park and Winnebago Sports Complex): _ Yes; A NoIf yes, event coordinator must compiete temporary overnight camping permit and submitpayment.

7. Will the event be using any sound ampiification, public ^dress system or wil! there be any liveperformances of any music or musical instruments? /\ Yes; _ Noif V6S. olease describe: Grace Tabernacle wiil provide live musicians using an audio mix , sound system for announcements

8. Wiii the event restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns?êsi ^ No With the possible exception of a fire truck and/or ambulance

if yes, provide a detailed description of all public rights of way and private streets for which theapplicant requests the city to restrict or alter traffic flow. (Please attach a detailed map).

9. Wili you be providing shuttle service? Yes; X Noif yes, provide offsite parking iocations, shuttle routes, types of vehicles that will be used forshuttiing passengers, hours of operation and frequency of shuttle service.

I affirm that I am authorized to execute this application on behalf of the applicant and that the statements containedtherein are true and correct to the best of my knowledge, if the special event requires special services provided by theCity of Fairmont, the applicant agrees to indemnify, defend and ho!d the City of Fairmont, its officials, employees, andagents harmless-frorn any claim that arises in whole or in part out of the special event, except any daims arising soleiyout of the ne.gligent ^fcts or omissioFôf the City of Fairmont, its officials, employees and agents. The applicant agreesto pay all fe^s and meet all Cjfy Code^-equirements.

Signature, .4^^.. Title Pastor Date 4/25/2019

/If you would like your event published on the City's website/Community Calendar, pleaseindicate: X Yes; No

Office Use Only$15.00 Fee PaidRequires CouncilApprovalCity AdministratorApproval

Date: V/-^/y^Yes; No

Yes

^LReceived by:\^^7' S?/? >" ^Coupcil Meeting Date:^-/3-/^No

Action:

Date

Permit distribution:CityApplicantPoliceParks/StreetsOther

^



SUBJECT: 2019/2020 Beverage License Renewals

REVIEWED BY: Mike Humpal, CEcD, City Administrator^L-i/''



SUBJECT BACKGROUND: Patricia J. Monsen, City Clerk


COUNCIL LIAISON:

TYPE OF ACTION:


Ordinance 1st Reading

(Introduction only)Ordinance 2nd Reading(Roll call)



Discussion

Information Only


x City Staff Board Commission Committee

Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The attached list of establishments have beverage licenses that expire as ofJune 30, 2019 and are requesting renewal of their licenses. Council approval is requested

pending receipt of all required applications, proof of liquor liability insurance, workers'

compensation insurance, fees and a satisfactory police investigation report.

MOTION: To approve renewal of the attached list of beverage licenses that expire June 30,

2019, on condition that all required documentation is received.

VOTE REQUIRED: Simple majority

ATTACHMENTS:1. List of 2019/2020 Beverage License Renewals

2.

3.

Council Action:

9.

Date:

2019/2020 Beveraee License Renewals

Establishment

Ambiance on Albion, Inc.2321 Albion Avenue

Bean Town Grill, LLC1400 N. State St.

The Blazer Bar and Grill106E. 1st Street

Bowlmor Lanes & Lounge617 S. State St.

Fairmont Channel Inn330W.LairRd.

El Agave62 Downtown Plaza

Fraternal Order of Eagles

1228 W. Lake Ave.

Torgerson Properties, Inc., d/b/a Torge's Fahrnont

Hwy. 15 & Jet 1-90

Interlaken Golf Course

227 Amber Lake Dr.

Martin County Knights of Columbus, Inc.920 E. 10th St.

The Marina Lodge501 Lake Ave.

Schmitz Management Co., d/b/a The Ranch

1330 N. State St

Shenanigans Cheer & Chow115 E. Third St

Tami's on the Ave.

2710 Albion Ave.

Type of License

On Sale Liquor/Sunday













On Sale Liquor/Sunday3.2% Off Sale Beer

10.

Establishment

Fareway Stores, Inc.

500 S. State

2019/2020 Beyerase License Renewals ~ page 2

Type of License

3.2% Off Sale Beer

Erickson Oil Products, Inc., d/b/a Freedom Value Center 3.2% Off Sale Beer407 E. Blue Earth Ave.

K & W Stores - Fairmont Shell #115 52 Albion Ave.

Hy-Vee Food Store

907 S. State St.

Hy-VeeC-Store#5183

907 S. State St.

Poppe, Brian, d/b/a Poppe's

1317 N. State St.

Vet's Oil Company, Inc., d/b/a Whoa N' Go

2197 N. State St.

Vet's Oil Company, Inc., d/b/a Whoa N' Go South

307 N. State St.

Casey's General Store

202 E. Blue Earth Ave.

WaI-Mart

1250 Goemarm Rd.

Kwik Trip, Inc.217 S. State St.

Jakes Pizza

211 Downtown Plaza

Fairmont Opera House

45 Downtown Plaza

3.2% Off Sale Beer

3.2% Off Sale Beer

3.2% Off Sale Beer

3.2% Off Sale Beer

3.2%OffSaleBeer

3.2% Off Sale Beer

3.2%OffSaleBeer

3.2% Off Sale Beer

3.2% Off Sale Beer

3.2%OnSaleBeer

3.2% On Sale Beer

Wine

//.



SUBJECT: Event Permit for Freedom 5K and 1 OK Race\

REVIEWED BY: Mike Humpal, CEcD, City Administrator / lIj





COUNCIL LIAISON:

TYPE OF ACTION:



(Introduction only)Ordinance 2"d Reading(Roll call)



Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: A Freedom 5K & 10K Race is being planned for September 7, 2019, at 4:00p.m. Registration begins at 2:00 p.m. The race will begin and end at Sylvania Park.

MOTION: To approve a permit for the Freedom 5K & 1 OK race event on September 7, 2019.

VOTE REQUIRED: Simple majority.

ATTACHMENTS:1. Permit Application

2. Statement and Map of Routes


/^

EVENT APPLICATION/PERMIT

This form must be filed with the City at least thirty (30) days in advance of the event The City willreview the application En accordance with the permitting process outlined in the City Code, Chapter18. Attach additional sheets, maps, etc. if necessary. For events which include overnight camping aseparate addendum must be included with the event application.

Date: September, 7th 2019 Permit Fee: $15.00

Event: Freedom Race 5k 10k

Sponsoring entity: Action169

Address: PO Box 512 Fairmont, MN 56031

Maximum estimated number of persons expected to attend at any one time: 100

Event coordinators): Danie!le FreitagContact Info: 5073999030 phone #

[email protected] E-maii

Primary contacts (during event):Name: Name

Ceil#;_ Cel?_E-mai!: E-mail:

Event Start: Day/Date September. 7th 2019 _ Time:_Event End: Dav/Date September, 7th 2019 _Time:,Setup: Day/Date_^00_PM_Start time: 4:00 PM End Time: 5:30 PMTeardown: Day/Date September, 7th 201 9 _Start time:_6,00_PM^_^ End Time:^00_PM

1. Type and description of the event and a fist of all activities to take place at the event.

Freedom Race 5k 10k is a walk/run race around in Fairmont, MN. The start and end. just likeprevious years, is at Sylvania Park. This year, we are startinQ a 4 pm, instead of 9 a.m.The-event is sponosed by various local buisnesses, and hosted by Action169. All of ourinformation can De roud atActiomtiy.com

2. Proposed location of event, including a site plan or diagram of the proposed area to be usedshowing the location of any barricades, perimeter/secunty fencing, fire extinguishers, safety orfirst aid stations, entertainment, stages, restrooms or portable toilets, parking areas, ingressand egress routes, signs, special lighting, trash containers and any other items related to theevent.

See attached docuemnts for both 5k and 10k route.

,3

3. Will outside drinking water or waste collection systems be supplied? _ Yes; _ NoIf yes, supply pubiic health plans, including the number of toilet facilities that wiil be available.

4. Will the event be providing: fire prevention, emergency medlcai sen/ice, security and severeweather shelter. _ Yes; NO ^0If yes, provide the written plans.

5. Will organizers allow outside food wagon/vendors at the event? YES Yes; _ Noif yes, all food wagons/vendors must complete a Food WagonA/endor Permit and submitpayment. Our vendors are not food vendors.

6. Wil! camping or temporary overnight iodging be included for the event? (allowed only at CedarCreek Park and Winnebago Sports Complex): _ Yes; NO NoIf yes, event coordinator must complete temporary overnight camping permit and submitpayment.

7. Will the event be using any sound ampiification, public address system or will there be any liveperformances of any music or musical instruments? _ Yes; NO NoIf yes, please describe:

8. Will the event restrict or alter norma! parking, vehicular traffic or pedestrian traffic patterns?YES Yes; __._.No

If yes, provide a detailed description of all public rights of way and private streets for which theapplicant requests the city to restrict or alter traffic fiow. (Please attach a detailed map).

9. Will you be providing shuttle service? Yes; NO NoIf yes, provide offsite parking locations, shuttle routes, types of vehicles that will be used forshuttling passengers, hours of operation and frequency of shuttle service.

I affirm that! am authorized to execute this application on behalf of the appilcant and that the statements containedtherein are true and correct to the best of my knowiedge, If the special event requires special services provided by theCity of Fairmont, the applicant agrees to indemnify, defend and hold the City of Fairmont, its officials, employees, andagents harmless from any claim that arises in whole or in part out of the special event, except any claims arising solelyout of the negligent acts or omissions of the City of Fairmont, its officials, employees and agents. The applicant agreesto pay ali fees and meet all City Code requirements,

Signature DanielJe Freitag Title CEO, LADC Date 5-06-2019

If you would like your event published on the City's website/Community Calendar, pleaseindicate: Yes; __ No

Office Use Only$15.00 Fee PaidRequires Counci!ApprovalCity AdministratorApproval

Date;Yes; No

Yes

Received by:Council Meeting Date:

No

Action:

Date


^

ACTION169 FREEDOM RACE 5k 10kSat. September/ 7th 2019

Free domRace2019. corn

Like the previous years we will be raising funds, charging $30 to $35 per person.Tickets are available at $30 until August 1st. Tickets purchased after the 1st will be$35. As we did the previous years, we will also have sponsors to help fund the

professionally chip timed race by Final Stretch.

Registration & Race Start - Sylvania Park2:00-3:30 pm

Race time is 4pm

4pm 10k4:10 5K

Parking Across the Street at Railroad Parking Lot

10K-6.2 Miles RouteLakcuide Cemeteiy ^ .; -•" ... ' ^

4fh^,w. '•• • .. '.'.•.. ::

dZ]

5K Route 3.14Start Time: 4:10

•n,,^

^airmont ti Blue Eai

Webster St

Tiiden Sl

Hengen St m\wfS\ 'g-

^(ooiiland Ays ,L,

3 ;;'3 H

1^:q y

FaifdwfiHigh.

/s.

^^•Ave-.^k.£4^"'•"'",

2:

SsB;'

iA

:rmor

Hengc^Sl Willow ^

:'F^?N'B->;'!1"1-/^^^^is-!i'i£i--AV

-y> ^

St -a 1

Start at Trail Entrance. Turn left onto Lake Ave. Go past the Marina & Bike Shop/

towards and onto the Bike Trail. Take the Bike Trail & turn right onto Hengen St.

Take a left onto Fairlakes Ave. Go up to Woodland and take a left going over

birds bridge and up the hill towards and past the mansion. Take a left on Albionand go down the hill/ past Wards Park and up the hill towards the Shemf'sdepartment. Take a left onto Beach Road and back towards Sylvania Park

towards the Finish Line.

/^

CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO.

MEETING DATE: May 13. 2019

SUBJECT: Event Permit" Martin County Preservation Assoc./Red Rock Center

REVIEWED BY: Mike Humpal, CEcD, City Administrator


13.4




COUNCIL LIAISON:

TYPE OF ACTION:


Ordinance 1st Reading(Introduction only)Ordinance 2" Reading(Roll call)



Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The Martin County Preservation Assoc./Red Rock Center is requestingpermission to block off part of Elm Street from East Blue Earth Avenue for Vi block south on

Monday, May 27, 2019 for a Memorial Day Community Picnic from 10:30 a.m. to 2:00 p.m.

The street would be blocked off from 8:00 a.m. to 5:00 p.m. for setup and teardown.

MOTION: To approve the application of the Martin County Preservation Assoc./Red Rock

Center to block off a portion of Elm Street for a Memorial Day Community picnic on May 27,

2019.


ATTACHMENTS:1. Event Application

2.


17.

FAIRMEVENT APPLICATION/PERMIT

This form must be filed with the City at least thirty (30) days in advance of the event. The City wiiireview the application in accordance with the permitting process outlined in the City Code, Chapter18. Attach additional sheets, maps, etc. if necessary. For events which inqlude overnight camping aseparate addendum must be included with the event application.

Date: 5/-?/<20|Q

Event: APermifFee: $15.00

'^cnid^

Sponsoring entity: MDÎ^ CQ 1 \^\^ ft

Address:^^^_ ?.. lîl? ^ /4^ ftvC .. 'Fn i

Maximum estimated number of persons expected to attend at any one time:,

\c^ ^Qr^ÂTSLÊvent coordinators):Contact Info: ^.^55 -0\^ C^ ^ . . Phone #

Primary contacts (coring event):

Name^QQtoLJff^LU^^Cell#: S ^Fr,- Q } -1C)E-maif:

Event Start: Day/Date -^/ c^ If iÊvent End: Day/Date ^LCHff0!Setup: Day/Date tC^7^~| I [<^{

7"

Nam^ A^rP^ LQ!A(A4cVd3°-)f/v-Uq-l<S^Cell#,

E-mail:

Teardown: Day/Date ~S] rQ~T ^ | UStart-time: ^ Qrr-^_Sfart time: ^p^r\

TimeJO^^MTime: ^) \ FT ^ pprÊnd Time: '^>QfT\End Time:_ Sj

1. Type and description of the event and a list of Î activities IQ take placp at fheêvent.

{^mgxu^±3-\ PA^-rVLC ^, ,^^v'^ ^ ,4 yT'lncr^.î''Sy^^Sô^^j^'^^^ .^j^T^'^x^^S^Z^Q±i^rr^^^^^ y/p rctQjL^

2. Proposed location of event, including a site plan or diagram of the proposed area to be usedshowing the location of any barricades, perimefer/security fencing, fire extinguishers, safety orfirst aid stations, entertainment, stages, restrooms or portable toilets, parking areas, ingressand egress routes, signs, special lighting, trash containers and any other items related to theevent. • ^\ ^ ^ f

^Q^r\cpj3y^ -\<m\ Qi<v\/-fAj^cuA rx^wnrnc^v\^jj0(*j^<^s-

^~~r~r\ , . ~^Tôi ^m^ tisdr<rT\\

2^-c±?uci.pA-^-nva. -VgCTQ

-nxCAO^Q^S i^rJTî^Curn_^rr^_t^\/ -^rv<o_' tx:c^ ^v'^-e

OXU^^^5-—^C^JQ.^-^=^J

t^-\

^^_ &xrY-V^^V&.. Cpo^LnO) a^^co\\ê )

/y-

3. Will outside drinking water o-r waste collection systems be supplied? Yes; NoIf yes, supply public health plans, including the number of toilet facilities that will be available.

4. Will the event be providing: fire pjevention, emergency medical service, security and severeweather shelter. __ Yes; L/ NoIf yes, provide the written plans.

5. Will organizers allow outside food wagon/vendors at the event? Yes; y NoIf yes, all food wago'ns/vendors must complete a Food WagonA/endor Permit and submitpayment.

6. Will camping or temporary overnight lodging be included for thep^ent? (allowed only at CedarCreek Park and Winnebago Sports Complex): _ Yes; \^ NoIf yes, event coordinator must complete temporary overnight camping permit and submitpayment.

7. Will the event be using any sound amplification, public address sysj-^m or will there be any liveperformances of any music or musical instruments? _ Yes; \^ No

If yes, please describe:__event restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns?

Yes; _ NoIf yes, provide a detailed description ofalf public rights of way and private streets for which theapplicant requests the city to restrict or alter traffic flow. (Please attach a detailed map).

9. Will you be providing shuttle service? Yes; ^ NoIf yes, provide offsite parking locations, shuttle routes, types of vehicles that will be used forshuttling passengers, hours of operation and frequency of shuttle service.

I affirm that! am authorized to execute this application on behalf of the applicant and that the statements containedtherein are true and correct to the best of my knowledge. If the special event requires speciai services provided by theCity of Fairmont, the applicant agrees to indemnify, defend and hold the City of Fairmont, its officials, employees, andagents harmless from any claim that arises in whole or in part out of the special event, except any claims arising solelyout of the negligent acts or omissions of the City of Fairmont, its officials, efnployees and agents. The applicant agreesto pay all fe^ and meet all City Code requirements.

l^±sSignatu 3f\Q ^ Title&ALhA/_ Date ^-ll /9

If you would Ijke your event published on the City's website/Community Calendar, pleaseindicate: \y Yes; No

_^^ Off ice Use Only . -/^ ^-^^ .. Z$15.00 Fee PaidRequires CouncilApprovalCity AdministratorApproval

Date: ^j/Yes;'_No

Yes

Recelvedby:^^" ///^0^-^_Council Meeting Dc^*:

No

Ac'tEon:

Date


,9.



SUBJECT: State Grant Agreement for Airport Maintenance and Operations

REVIEWED BY: Mike Humpal, CEcD, City Administrator1;.,


15.1


SUBJECT BACKGROUND: Troy Nemmers, PE, Director of Public Works/City Engineer

INTRODUCED BY: Troy Nemmers, PE, Director of Public Works/City Engineer

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1st Reading

CIntroduction only)Ordinance 2nd Reading(Roll call)

x Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Motion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The annual maintenance and operations agreement is up for renewal between the State

ofMN and the Fairmont Municipal Airport. This agreement defines the City's obligations to maintain theairport and defines the amount of state reimbursement that the City receives. Staff is recommending

approval.

MOTION: To authorize the Mayor and City Clerk to sign the State Grant Agreement for Airportmaintenance and operation.

VOTE REQUIRED: Simple majority - roll call

ATTACHMENTS:1. State Grant Agreement #10334832. Resolution 2019-183.


^0.

Rev. 1/2016

RESOLUTION 2019-18

AUTHORIZATION TO EXECUTEMINNESOTA DEPARTMENT OF TRANSPORTATION

AIRPORT MAINTENANCE AND OPERATION GRANT CONTRACT

It is resolved by the City of Fairmont as follows:

1. That the state of Minnesota Contract Number 1033483,

"Airport Maintenance and Operation Grant Contract," at the

Fairmont Municipal Airport is accepted.

2. That the Mayor and City Clerk are(Mayor, Chairperson, President, etc.) (Clerk, Auditor, Secretary, etc.)

authorized to execute this Contract and any amendments on behalf of the

City of Fairmont.

CERTIFICATION

STATE OF MINNESOTA

COUNTY OF MARTIN

I certify that the above Resolution is a true and correct copy of the Resolution adopted by the

Fairmonfc City Council

(Name of the Recipient)

at an authorized meeting held on the 1 3th _ day of May _ , 201 9

as shown by the minutes of the meeting in my possession.

Signature:

(Clerk or Equivalent)Patricia J. Monsen, City Clerk

CORPORATE SEAL /OR/ NOTARY PUBLIC

My Commission Expires:

=2,.

^ DEPARTMENT OFa TRANSPORTATION

MnDOT Contract No. 1033483STATE OF MINNESOTA

AIRPORT MAINTENANCE AND OPERATION GRANT CONTRACT

State Project Number (S.P.): A4601-M020State Project Number (S.P.): A4601-M021

This contract is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of

Fairmont acting through its City Council ("Recipient").

RECITALS

1. Minnesota Statutes §§360.015 and 360.305 authorize State to provide financia! assistance to airports for

maintenance and operation activities.

2. Recipient owns, operates, or controls an airport ("Airport") in the state system, and Recipient desires financialassistance from the State for maintenance and operation activities for State Fiscal Year 2020 and State Fiscal Year

2021.

3. Recipient represents that it is duly qualified and agrees to perform all services described in this contract to the

satisfaction of the State.

CONTRACT TERMS

1. Term of Contract and Survival of Terms

1.1. Effective Date: This contract will be effective on July 1, 2019, or the date State obtains all required

signatures under Minnesota Statutes §16B.98, subdivision 5, whichever is later. As

required by Minnesota Statutes §16B.98 Subd. 7, no payments will be made to Recipient

until this contract is fully executed.

1.2. Expiration Date: This contract will expire on June 30,2021.

1.3. Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive

in order to give effect to their meaning will survive the expiration or termination of this

contract, including, without limitation, the following clauses: 9. Indemnification; 10.

State Audits; 11. Government Data Practices; 13. Governing Law, Jurisdiction and

Venue; and 14. Data Disclosure.

2. Recipient s Duties

2.1. Recipient will operate and maintain the Airport in a safe, serviceable manner for aeronautical purposes only for

the use and benefit of the public.

2.2. The Recipient will keep the runway and the area around the lights mowed at the Airport. The grass must be

mowed at least 7 feet beyond the lights, and the grass must not exceed 6 inches in height on the landing area.

The areas around any navigational aids will be mowed and plowed to keep the area clear for access by a

vehicle.

2.3. If the Airport remains operational during the winter months, the Recipient will keep at least one runway,

associated faxiway, and apron area cleared of snow and ice to the same priority as arteriai roads. Snow banks

must be limited in height so that aircraft wings, engines, and propellers will clear them. Landing strip markersand/or lights must remain visible.

Page 1 of 6

^3..

MnDOT Contract No. 1033483

2.4. If the State contracts for the periodic paint striping of the Airport's runways and taxiways during the term ofthis Contract, the Recipient wil! cooperate with the marking operation. The Recipient must coordinate seal coat

pavement maintenance projects with the State to maximize the pavement marking life.

2.5. The Recipient will allow a representative of the State's Office of Aeronautics access to any area of the Airport

necessary for the purpose of periodic inspections.

2.6. The Recipient will promptly pay all utility bills, including those required for navigational aids.

3. Recipient's Assurances

3.1. In accordance with Minnesota Statutes § 360.305, subdivision 4, Recipient assures the State that Recipient will

operate and maintain the Airport in a safe, serviceable manner for public aeronautical purposes only for a period

of one year from the date the Recipient receives final reimbursement under this contract.

3.2. Recipient represents and warrants that Recipient has established a zoning authority for the Airport, and such

authority has completed, or is in the process of and will complete, with due diligence, an airport zoningordinance in accordance with Minnesota Statutes §§ 360.061 to 360.074.

3.3. Recipient will comply with all required grants management policies and procedures set forth through Minnesota

Statutes §16B.97, Subd. 4 (a) (1).

4. Third-Party Contracting

4.1. Recipient will comply with all applicable local, state, or federal laws, regulations, policies and procedures in theprocurement of goods and services funded in whole or in part under this Contract.

5. Consideration and Payment

5.1. Consideration. State will pay for ail eligible telecommunication, maintenance, and operation costs incurred by

Recipient under this Contract as follows:

5.1.1. Basis. Recipient will be reimbursed for 100% of telecommunication costs associated with Ihe operation

of state-owned navigationai aids. Recipient will be paid for 75% of all other eligible maintenance andoperation costs not reimbursed by any other source. Eligible maintenance and operations costs will bedetermined at the sole discretion of State's Authorized Representative.

5.1.2. Telecommunication Amount. State has currently obligated $0.00 in each State fiscal year to reimburseeligible telecommunication costs at 100%.

5.1.3. Maintenance and Operation Amount. State has currently obligated $69,408 in each State fiscal year to

reimburse other eligible costs at 75%.

5.1.4. Total Obligation. The total obligation of State for all compensation and reimbursements to Recipient

under this contract will not exceed $138,816 (State fiscal years 2020 and 2021).

5.2. Payment.

5.2.1. Invoices. The Recipient must submit a reimbursement request of its eligible costs to the Director of the

Office of Aeronautics on a quarterly basis or as directed by State's Authorized Representative. The

State's Office of Aeronautics will supply the reimbursement request forms which Recipient must submit.

Reimbursement requests must be submitted according to the following schedule:

• On or after October I, and no later than November 15, for the period July 1 through September 30.• On or after January 1, and no later than February 15, for the period October 1 through December

31.

• On or after April 1, and no later than May 15, for the period January 1 through March 31.

On or after July I, and no later than August 15, for the period April 1 through June 30.

The State may reject costs that the State determines are not eligible maintenance and operations

expenses.

5.2.2. All Invoices Subject to Audit. All invoices are subject to audit, at State's discretion.

Page 2 of 6

^3.

MnDOT Contract No. 10334835.2.3. State's Payment Requirements. State will promptly pay all valid obligations under this contract as

required by Minnesota Statutes §16A.124, State will make undisputed payments no later than 30 days

after receiving Recipient's invoices and progress reports for services performed. If an invoice isincorrect, defective or otherwise improper, State will notify Recipient within ten days of discovering the

error. After State receives the corrected invoice. State will pay Recipient within 30 days of receipt of

such invoice.

5.2.4. Grant Monitoring Visit and Financial Reconciliation. If State's total obligation is greater than

$50,000 in section 5.1.4, above, during the period of performance the State will make at least onemonitoring visit and conduct annual financial reconciliations of Recipient's expenditures. The State'sAuthorized Representative will notify Recipient's Authorized Representative where and when any

monitoring visit and financial reconciliation will take place, which State employees and/or contractors

will participate, and which Recipient staff members should be present. Recipient will be provided noticeprior to any monitoring visit or financial reconciliation. Following a monitoring visit or financial

reconciliation, Recipient will take timely and appropriate action on all deficiencies identified by State.

At least one monitoring visit and one financial reconciliation must be completed prior to final payment

being made to Recipient.

5.2.5. Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior tofinal payment approval. If a closeout audit is required, final payment will be held until the audit has been

completed. Monitoring of any capital assets acquired with grant funds will continue, following grant

closeout.

6. Conditions of Payment

6.1. All services provided by Recipient under this contract must be performed to State's satisfaction, as determinedat the sole discretion of State's Authorized Representative and in accordance with all applicable federal, state

and local laws, ordinances, rules and regulations, including business registration requirements of the Office of

the Secretary of State. Recipient will not receive payment for work found by State to be unsatisfactory orperformed in violation of federal, state or local law. In addition to the foregoing, Recipient will not receive

payment for Airport's failure to pass periodic inspections by a representative of the State's Office of

Aeronautics.

7. Authorized Representatives

7.1. State's Authorized Representative. State's Authorized Representative will be:

Name/Title: Jenny Bahneman, Grants Specialist

Address: Office of Aeronautics, 222 East Plato Boulevard

Telephone: . (651)234-7240

E-Maii: [email protected]

State's Authorized Representative or his /her successor, will monitor Recipient's performance and has the

authority to accept or reject the services provided under this contract. If the Recipient's duties are performed ina satisfactory manner, the State's Authorized Representative will accept each reimbursement request submitted

for payment.

7.2. Recipient's Authorized Representative. Recipient's Authorized Representative will be:

Name/TitIe: Troy Nemmers, Public Works Director/City Engineer

Address: 100 Downtown Plaza, Fairmonf, MN 56031

Telephone: (507)238-9461

E-MaiI: [email protected]

If Recipient's Authorized Representative changes at any time during this contract, Recipient must immediately

notify State.

8. Assignment, Amendments, Waiver and Contract Complete

Page 3 of 6

-\4

MnDOT Contract No. 10334838.1. Assignment. Recipient may neither assign nor transfer any rights or obHgations under this contract without the

prior consent of State and a fully executed Assignment Contract, executed and approved by the same parties

who executed and approved this contract, or their successors in office.

8.2. Amendments. An amendment to this contract must be in writing and will not be effective until it has been

executed and approved by the same parties who executed and approved the original contract, or their successorsin office.

8.3. Waiver. If State fails to enforce any provision of this contract that failure does not waive the provision orState's right to subsequently enforce it.

8.4. Contract Complete. This contract contains all prior negotiations and agreements between State and Recipient.No other prior understanding regarding this contract, whether written or oral, may be used to bind either party.

9. Indcmmficstion

9.1. In the performance of this contract by Recipient, or Recipient's agents or employees. Recipient must indemnify,save and hold State, its agents, and employees harmless from any and all claims or causes of action, includingreasonable attorney's fees incurred by State, to the extent caused by Recipient s: 1) intentional, willful or

negligent acts or omissions; 2) breach of contract or warranty; or 3) breach of the applicable standard of care.The indemnification obligations of this section do not apply if the claim or cause of action is the result of State's

sole negligence. This clause will not be construed to bar any legal remedies Recipient may have for State's

failure to fulfill its obligation pursuant to this contract.

10. State Audits

10.1. Under Minnesota Statutes § 16B.98, Subd.8, the Recipient's books, records, documents, and accounting

procedures and practices of Recipient, or other party relevant to this grant contract or transaction, are subject toexamination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six

years from the end of this contract or receipt and approval of all final reports, whichever is later. Recipient will

take timely and appropriate action on all deficiencies Identified by an audit.

11. Government Data Practices

11.1. Recipient and State must comply with the Minnesota Government Data Practices Act, Minnesota StatutesChapter 13, as it applies to all data provided by State under this contract, and as it applies to all data created,

collected, received, stored, used, maintained or disseminated by Recipient under this contract. The civil

remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by eitherRecipient or State. If Recipient receives a request to release the data referred to in this Clause, Recipient must

immediately notijEy State and consult with State as to how Recipient should respond to the request. Recipient's

response to the request must comply with applicable law.

12. Workers' Compensation

12.1. Recipient certifies that it is in compliance with Minnesota Statutes §176,181, subdivision 2, pertaining toworkers' compensation insurance coverage. Recipient's employees and agents will not be considered Stateemployees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these

employees and any claims made by any third party as a consequence of any act or omission on the part of theseemployees are in no way the State's obligation or responsibility.

13. Governing Law, Jurisdiction and Venue

13.1. Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legalproceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with

competent jurisdiction in Ramsey County, Minnesota.

14. Data Disclosure

14.1. Under Minnesota Statutes §270C,65, and other applicable law, Recipient consents to disclosure of its socialsecurity number, federal employer tax identification number and Minnesota tax identification number, already

provided to State, to federal and state agencies and state personnel involved in the payment of state obligations.

These identification numbers may be used in the enforcement of federal and state laws which could result in

Page 4 of 6

^.


action requiring Recipient to file state tax returns and pay delinquent state tax liabilities, if any, or pay other

state liabilities.

15. Termination and Suspension

15.1. Termination by the State. The State may terminate this contract with or without cause, upon 30 days written

notice to the Recipient. Upon termination, the Recipient will be entitled to payment, determined on a pro rata

basis, for services satisfactorily performed.

15.2. Termination for Cause. The State may immediately terminate this grant contract if the State finds that there

has been a failure to comply with the provisions of this contract, that reasonable progress has not been made,

that fraudulent or wasteful activity has occurred, that Recipient has been convicted of a criminal offense relatingto a state grant agreement, or that the purposes for which the funds were granted have not been or will not be

fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to

disburse additional-funds and requiring the return of all or part of the funds already disbursed.

15.3. Termination for Insufficient Funding. The State may immediately terminate this contract if: It does not obtain

funding from the Minnesota Legislature; or If funding cannot be continued at a level sufficient to allow for the

payment of the services covered here. Termination must be by written or fax notice to the Recipient. The State

is not obligated to pay for any services that are provided after notice and effective date of termination. However,

the Recipient will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed tothe extent that funds are available. The State will not be assessed any penalty if the contract is terminated

because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. TheState will provide the Recipient notice ofthe lack of funding within a reasonable time of the State's receiving

that notice.

15.4. Suspension. The State may immediately suspend this contract in the event of a total or partial governmentshutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Recipient

during a period of suspension will be deemed unauthorized and undertaken at risk ofnon-payment.

16. Discrimination Prohibited by Minnesota Statutes §181.59

16.1. Recipient will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for

or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any otherdistrict in the state, for materials, supplies or construction will contain provisions by which Contractor agrees:

1) That) in the hiring of common or skilled labor for the performance of any work under any contract, or anysubcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate

against the person or persons who are citizens of the United States or resident aliens who are qualified and

available to perform the work to which the employment relates; 2) That no Contractor, materia! supplier, or

vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person orpersons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or

persons from the performance of work under any contract on account of race, creed or color; 3) That a violationof this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of

Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant

contracts for employment, and all money due, or to become due under the contract, may be forfeited for asecond or any subsequent violation of the terms or conditions of this contract.

17. Limitation.

17.1. Under this contract, the State is only responsible for disbursing funds. Nothing in this contract will be construed

to make the State a principal, co-principal, partner, orjoint venturer with respect to the Project(s) coveredherein. The State may provide technical advice and assistance as requested by the Recipient, however, theRecipient will remain responsible for providing direction to its contractors and consultants and for

administering its contracts with such entities. The Recipient's consultants and contractors are not intended to be

third party beneficiaries of this contract.

THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

Page 5 of 6

<^6>'


STATE ENCUMBRANCE VERIFICATION

Individual certifies that funds have been encumbered as

required by Minnesota Statutes §16A.i5 and §160.05.*

Signed:

Date:

SWIFT Contract (SC) ID No.

Purchase Order (PO) ID No.

*PO staged and to be encumbered with future State fiscal

year funds.

RECIPIENT

Recipient certifies that the appropriate person(s) haveexecuted Contracts on behalf of Recipient as required by

applicable articles, bylaws or resolutions.

DEPARTMENT OF TRANSPORTATION

By:.

(with delegated autliority)

Title:.

Date:

MnDOT OFFICE OF FINANCIAL MANAGEMENTGRANT UNIT

By:

Date:

MnDOT CONTRACT MANAGEMENT

By:ueborah j. roster

Titlejyiayor

Date:

By:

Date:

By:.Patricia J. Monsen

Title City Clerk

Date:

Page 6 of 6

^.



SUBJECT: Award Contract for 2019-E Improvement Project

REVIEWED BY: Mike Humpal, CEcD, City Administrator !^•A



SUBJECT BACKGROUND: Troy Nemmers, PE, Director of Public Works/ City Engineer

INTRODUCED BY: Troy Nemmers, PE, Director of Public Works/ City Engineer

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading(Roll call)


Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: Bids for the 2019-E Improvement Project, Sealcoat Projects, were opened at

10:00 a.m. on Wednesday, May 1, 2019. Pearson Bros., Inc. of Hanover, MN was the low

bidder.

MOTION: To adopt Resolution 2019-19

VOTE REQUIRED: Simple majority - Roll call

ATTACHMENTS:1. Resolution 2019-19

2.

3.


^

RESOLUTION NO. 2019-19

STATE OF MLNNESOTA)COUNTY OF MARTIN ) SSCITY OF FAIRMONT )

RESOLUTION ACCEPTING BID

2019-E IMPROVEMENT CONTRACTSEALCOAT PROJECTS

WHEREAS, pursuant to an advertisement for bids for the 2019-E Improvement Contract

bids were received, opened and tabulated according to law, and the following bids were received

complying with the advertisement:

BIDDER AMOUNT OF BID

Allied Blacktop Company $94,468.00Maple Grove, MN

Asphalt Preservation Company, Inc. $91,004.54

Detroit Lakes, Mn

M.R. Paving & Excavating, Inc. $93,355.96

New Ulm, MN

Pearson Bros., Inc. $87,612.61

Hanover, MN

WHEREAS, it appears that Pearson Bros., Inc. of Hanover, MN, is the lowest responsible

bidder; and,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFFAIRMONT, MINNESOTA:

1. The Mayor and Clerk are hereby authorized and directed to enter into the 2019-E

Improvement Contract with Pearson Bros., Inc. in the name of the City ofFairmontfor the improvements according to the plans and specifications therefore approved

by the City Council and on file in the office of the City Clerk at a cost of$87,612.61.

^?9

2. The City Clerk is hereby authorized and directed to return forthwith to all biddersthe deposits made with their bids, except that the deposits of the successful bidderand the next lowest bidder shall be retained until a contract has been signed.

Motion by:Seconded by:All in favor:Opposed:Abstained:Absent:

ADOPTED by the City Council this 13th day of May 2019.


ATTEST:


(SEAL)

^,Q.



SUBJECT: Task order #9 with KLJ for professional services at the airport

REVIEWED BY: Mike Humpal, CEcD, City Administrator-1'


15.3




COUNCIL LIAISON: Councilor Cyphers

TYPE OF ACTION:

x Motion (Voice Vote)Ordinance 1st Reading

(Introduction only)Ordinance 2l1tl Reading

(Roll call)

Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Motion to close)

Discussion

Information Only


City Staff x Board Commission Committee

Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: KLJ, the City's consultant at the airport, is proposing a task order to complete thebidding and construction services for the new hangar at the airport. KLJ is proposing a fee of $59,961.25for these engineering and architectural services. The Airport Advisory Board is supportive of this project.

Staff is recommending approval of task order #9 with KLJ.

MOTION: To authorize the Mayor to sign Task Order #9 with KLJ for professional services at the

airport.


ATTACHMENTS:1. Task Order #9 with KLJ2.


^1-

This is Task Order

No. 9 consisting of

3 pages.

Task Order

In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services - Task

Order Edition, dated October 1, 2014 ("Agreement"), Owner and Engineer agree as follows:

1. Background Data

a. Effective Date of Task Order: May 13, 2019

b. Owner: CityofFairmont

c. Engineer: Kadrmas, Lee & Jackson, Inc.

d. Specific Project (title): FRM T-Hangar CA/CO

e. Specific Project (description): The project wiii be to construct a 7-Unit T-Hangar at Fairmont

Municipal Airport. KU will provide Bidding Services, Construction

Administration & Observation and FAA Project Closeout Report.

2. Services of Engineer

A. The specific services to be provided or furnished by Engineer under this Task Order are:

Refer to Attachment A - Detailed Scope of Services

B. All of the services included above comprise Basic Services for purposes of Engineer's compensation

under this Task Order.

3. Owner's Responsibilities

Owner shall have those responsibilities set forth in Artide 2 of the Agreement and En Exhibit B, subject tothe following: Refer to Attachment A - Detailed Scope of Services

4. Task Order Schedule

In addition to any schedule provisions provided En Exhibit A or elsewhere, the parties shall meet the

following schedule: Refer to Attachment A - Detailed Scope of Services

Task Order FormEJCDC® E-505, Agreement Between Owner and Engineer for Professional Services - Task Order Edition.

Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,and American Society of Civil Engineers. All rights reserved.

Page 1

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5. Payments to Engineer

A. Owner shall pay Engineer for services rendered under this Task Order as follows:

Description of Service

1. Basic Services

a. Bidding Services and Construction

Administration & Observation-Tasks 3.1 & 3.2

b. FAA Project Closeout Report-Task 14.1

TOTAL COMPENSATION

Amount

$55,390.50

$4/570.75$59/961.25

Basis of

Compensation

Cost Plus Fixed

Fee

Lump Sum

Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates

only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate

Engineer's labor, overhead/ profit/ reimbursable expenses (if any), and Consultants' charges, if any.For

lump sum items. Engineer may alter the distribution of compensation between individual phases (line

items) to be consistent with services actually rendered, but shall not exceed the tota! lump sum

compensation amount unless approved En writing by the Owner.

B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing

provisions of Exhibit C.

6. Consultants retained as of the Effective Date of the Task Order:

Braun Intertec - Geotechnical Subconsuitant

CNH Architects - Architectural Subconsuttant

7. Other Modifications to Agreement and Exhibits:

Attachment C - Federal Contract Provisions

8. Attachments:

Attachment A"- Detailed Scope of Services

Attachment B~ Total Project Fee Breakdown

Attachment C - Federal Contract Provisions

Project Work Description Sketch

9. Other Documents Incorporated by Reference:

None.

Task Order FormEJCDC® E-505, Agreement Between Owner and Engineer for Professional Services - Task Order Edition.

Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,and American Society of Civil Engineers. All rights reserved,

Page 2

^3>.

10. Terms and Conditions

Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the

Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized

to begin performance upon its receipt of a copy of this Task Order signed by Owner.

The Effective Date of this Task Order is May 13, 2019,

OWNER: City of Fairmont ENGINEER: Kadrmas/ ie^& Jacks^ Inc.•y

By: By: ^^ / A<-^^/^' /•^^^J^

Print Name: Deborah J. Foster Print Name: Mark Andersen, PE

Title: Mayor Title: Vice President, EPW

DESIGNATED REPRESENTATiVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER:

Name; Troy Nemmers, PE Name: Jake Braunagel, PE

Title: Director of Public Works/City Engineer Title: Aviation Engineer/Project Manager

Address: 100 Downtown PlazaFaErmont, MN 56031

Address: 5110 East 57th Street

Sioux Falls, SD 57108

E-Mail [email protected]

Address:

E-Mail [email protected]

Address;

Phone: 507-238-3942 Phone; 605-271-4414 or 701-318-7386

Task Order FormEJCDC® E-505/AgreementBetweenOwnerandEngIneerfor Professional Services-Task Order Edition.

Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,and American Society of CM! Engineers. All rights reserved.

Page3

^

Attachment A

Detailed Scope of Services

Fairmont Municipal Airport, Fairmont, Minnesota

AIP Project #3-27-0029-017-2019

KU #1905 00426

PROJECT DESCRIPTION

Genera)

The work is to occur at Fairmont Municipal Airport in Fairmont, Minnesota, under the terms and conditions of the Standard

Agreement for Professional Services (Agreement) between the City of Fairmont (Owner) and KLJ (Engineer) with effectivedate of October 1, 2014.

The federal work shall be performed and constructed under a Federal Aviation Administration (FAA) Airport improvementProgram (AIP) grant to the City of Fairmont.

This agreement shall include Bidding Services, Construction Administration & Observation and FAA Project Closeout Reportfor the Construction of a 7-Unit T-Hangar, These services for the construction of the Supporting TaxHanes and Hangar Apron

Pavements will be included in a future agreement.

Detailed Scope of Services have been outlined to be completed under the following tasks and subtasks;

• Task 3 - Bidding Services and Construction Administration & Observation

o Task 3.1 Bidding Services and Construction Administration & Observationo Task 3.2 Geotechnical & Architectural Subconsultants

• Task 14 - FAA Project Cioseout Report

o Task 14.1 Construction Cioseout

The Engineer shall perform the work under this Agreement with FAA Advisory Circulars and regulations that are current as

of the effective date of the Agreement. Changes to the FAA Advisory Circulars and reguiations after the date of thisAgreement shali be addressed per Section V, Item P, of the Agreement.

Completion TimeThe Bidding Services shall be completed within the timeframe set forth by the Owner's requirements to bid and state lawbidding practice. The Engineer shail complete the total contract within 180 days after final construction acceptance. Scheduleand fee is based on FAA funding for the project being approved for construction in 2019. If funding does not become availablefor 2019 construction, tEmelines may be revised accordingly.

PROJECT ADMINISTRATION

Project Scoping Meeting with Owner. The Engineer shall attend a meeting to discuss project scoping with the Owner viateieconference (1 meeting). The Engineer staff attending the meeting shall consist of the foUowing:

• Project Manager (Engineer 111}

Prepare Project Detailed Scope of Services and Schedule. The Engineer shaSI prepare a Detailed Scope of Services andpreliminary schedule based on the information obtained during the Owner Scoping Meeting. Engineer shall submit theDetailed Scope of Services and schedule to the Owner for review and make applicable modifications as agreed upon.

Project Detailed Scope of Services Review with FAA. The Engineer shall present the final Detailed Scope of Services forreview and approva!. The Engineer shali work with the Owner and FAA to refine the Detailed Scope of Services. The Engineeranticipates one (1) edit based on the Owner's comments and one (1) edit based on FAA comments.

KLJ #1905_00426 Page 1 Fairmont Municipal AirportAttachment A - Detailed Scope of Services Version 02.2016

^•5.

Engineering Detailed Scope of Services and Hour Negotiations. Upon Detailed Scope of Services approval from the FAA, the

Engineer shall prepare a detailed hour breakdown with the associated fees for review by the Owner.

Agreement for Professional Services. The Engineer shall compile the Agreement for Professional Services (Agreement),

complete an internal review and execution of the Agreement for approva! by the Owner.

IndQpondont FQQ Document-PrQparationi It is anticipated that an Independent Fee Document will not be required for this

project. No effort for this task has been included.

PROJECT MANAGEMENT

Overall Project Management. The Engineer shal! provide project management services to manage the completion of the

project within the conditions of this Agreement, Project management is crucial to the success of all projects; specifically, it iscrucial to this project. The Engineer has identified Jake Braunagel, PE as the project manager for the project. Projectmanagement is the discipiine of planning, organizing/ and managing resources to successfuliy meet this project's objectives

and goals, it is the project manager's responsibility to notify the Owner of any issues, problems, or concerns regarding the

project; the delegation of all activities to the project team; and handling ail subconsultant coordination. In addition, if anyitems arise during the duration of the project that are outside this Detailed Scope of Services, the project manager shalladdress them with the Owner.

Project Budget Setup. The Project Manager shall coordinate with the internal Accounting staff to establish the internalbudgets.

Monthly Budget Reuiew/Projections. The Project Manager shall review budgets and budget projections on a monthly basisand coordinate any known issues with the Owner.

Monthly Invoicing. The Project Manager shall prepare monthly billings of project accounting,

Monthly Status Reports. The Engineer shaii prepare and submit monthly status reports to the Owner noting project progress,

issues encountered and action requirements by the Owner.

FAA Quarterly Reports. The Engineer shall prepare and submit the quarterly FAA reports,

DBE Reporting. The Engineer shal! prepare a Oisadvantaged Business Enterprise (DBE) annual reporting forms.

DESIGN SERVICES

Design services were included in a previous agreement. No effort for this task has been included.

BIDDING SERVICES

Print and Distribute Plans and Specifications. The Engineer shall print and issue the Bid Documents to prospective bidders,The documents shall also be made available to prospective bidders utilizing an on-line service.

Bid Invitations and Advertisement. The Engineer shail coordinate with the Owner on the placement of the Advertisement

for Bids in the appropriate iocal legal pubiication as well as regional trade organizations.

Attend Pro-Bid ConforoncQ and Site VisEti It is anticipated that a Pre-Bid Conference and Site Visit will not be required forthis project. No effort for this task has been included.

Document and Respond to Contractor Questions. The Engineer shall maintain a record of Contractor requests and questions

along with the corresponding response.

KLJ ^1905^00426 Page 2 Fairmont Municipal AirportAttachment A" Detailed Scope of Services Version 02.2016

^.

Create and Maintain Planholder's List. The Engineer shall maintain a planholder's list as plans and specifications are issued

to Contractors.

Issue Addenda. The Engineer shall issue written addenda as appropriate to interpret, clarify or expand the biddingdocuments. The Engineer shall send the written addenda to all plan-holders whom received plans and specifications from the

Engineer.

Attend Bid Opening. The Engineer shall perform the bid opening at City Haii in Fairmont

Prepare Bid Tabulation. The Engineer shall prepare a bid tabulation following the bid opening.

Bidder Contractual Requirements Review. The Engineer shall review bidder responsiveness, responsibility and completeness

of submittai. The Engineer shali advise the Owner when an issue may need the review of the Owner's legal representative.

Prepare Recommendations of Award. The Engineer shall advise the Owner as to the acceptability of subcontractors, DBE

subcontractors, and other persons and organizations proposed by the Prime Contractor for those portions of the work as to

which such acceptability is required by the bidding documents. The Engineer shall make recommendations for award for one(1) contract.

Prepare and Submit FAA Grant Application. The Engineer shall prepare the Application for Federal Assistance and StateFunding Appiications.

Prepare Award and Construction Contract Documents. The Engineer shall prepare the awarding contracts for construction,

materials, equipment and services for one (1) contract. Items shall include a written Notice of Award, coordination of the

Agreement Between Owner and Contractor and Notice to Proceed for submittal and approval by the Owner. The Owner shail

provide a legal review of the Agreement Between Owner and Contractor that is provided by the Engineer to make sure thatit complies with loca!/ state, and federal law.

CONSTRUCTION ADEVUNlSTRATfON

Geotechnical Subconsultant Agreement. The Engineer shall subconsult with a geotechnicai firm to provide the requiredquality acceptance testing and inspections. The Engineer shal) coordinate the development of a contract between the

Engineer and the geotechnical firm.

Architectural Subconsultant Agreement. The Engineer shai! subconsuit with an architectural firm to provide the requiredservices as follows:

• Answer Contractor/KLJ questions during bidding and address items with addendums as needed

• Shop Drawlng/Material Certification Reviews and Coordination• Answer Contractor/KU questions during construction and address items with change orders as needed

• Site Visit for Final inspectionThe Engineer shall coordinate the development of a contract between the Engineer and the architectural firm.

Prepare Construction Managomont Plan. It is anticipated that a Construction Management Plan will not be required for this

project. No effort for this task has been included.

Prepare and Conduct Pre-Construction Conference. Conduct a preconstruction meeting at the Airport. The Engineer shall

prepare the preconstruction agenda/ conduct the preconstruction conference and site visit at the Airport. The detailed

discussion of the project is to include:

• Roles and responsibilities• Contractor's representatives

• Schedules

• Safety

• Security

KLJ #1905_00426 Page 3 Fairmont Municipal AirportAttachment A - Detailed Scope of Services . _ Version 02.2016

^7

• Testing requirements

• Resident Engineer's role

• Labor requirements

• DBEand Civil Rights

• Environmental and matenais storage

• Plans and Specifications• Materials certification requirements

• Shop drawing requirements

Prepare and Gonctuet-Pre-Phase MeetingSr It is anticipated that Pre-Phase Meetings will not be required for this project. No

effort for this task has been included.

Shop Drawing/Certification Review. Review Contractor shop drawings and certifications for compliance with the projectpians and specifications for one (1) contract. Issue the appropriate response to the Contractor.

• Estimate based on up to 3 reviews of 2 shop drawings (average of 1 hour each for review/ response/ and filing in

project records)• Estimate based on up to 3 reviews of 7 materiai submittais (average of 0.5 hour each for review, response, and

filing in project records)

Review Contractor Requests for Information (RFI) and Responses. Review Contractor requests for information for one (1)

contract. Coordinate with Owner staff as applicable and issue the written response to the Contractor.

• Estimate based on responses to up to 3 RFIs (average of 1.5 hours each for review, response, and filing in project

records)

Prepare Change Orders. The Engineer shall prepare change orders for modifications to the Contractors work, payment or

schedule as the issues arise during the construction phase for one (1) contract.

• Estimate based on up to 2 change orders

Prepare Periodical Estimates. The Engineer shali prepare periodical pay estimates based on the Contractor's completed and

accepted work on the project at a frequency agreed upon by the Owner and the Contractor for one (1} contract

• Estimate based on up to 4 pay estimates

Project Records & Payrolls. Maintain a record of ali of the project documents and correspondence. Conduct a review of the

Contractor and subcontractor payrolls for conformance with the project wage rates and regulations for one (1) contract.

• Estimate based on 6 months of payroi! records (average of 1 hour per month)

Periodic Construction Progress Meetings. The Engineer shall coordinate progress meetings on a scheduled agreed upon by

the Owner and the Contractor. The Engineer shal! prepare the progress meeting agendas, conduct the meetings and issue

meeting minutes to the appropriate parties. The Engineer shall coordinate with the Owner on user attendees at the meeting

based on the progress of the work. Also, the Engineer shall submit bi-weekly FAA construction status reports to the Owner

and Contractor. It is anticipated the periodic construction progress meetings wilt be held on days the engineer has a

representative on a construction observation site visit.

• Estimate based on 20 periodic meetings

Conduct Substantial/Punchlist Inspection of Project. The Engineer shall coordinate with the Owner and the Contractor toconduct a pre-final inspection with the parties and prepare the final inspection punchlist for one (1) contract. It is assumed

that one (1) engineering staff member shall attend the pre-final inspection. The Engineer shall verify that punchlist items havebeen completed and recommend to the Owner acceptance of the work. Review O&M Manuals and any required training

materials for completeness.

KLJ #1905_00426 Page 4 Fairmont Municipat AirportAttachment A - Detailed Scope of Services . Version 02.2016

^'

Conduct Final Inspection of Project. The Engineer shali coordinate with the Owner and the Contractor to conduct a final

inspection meeting at the Airport for one (1) contract. It is assumed that two (2) engineering staff member shall attend thefinal inspection. The Engineer shall follow-up on any new deficiencies that are identified or punchlist items that have not been

satisfactorily corrected.

Subconsultant Coordination. The Engineer shall coordinate the applicable subconsultant tasks to support the agreedDetailed Scope of Services and the Engineer's Agreement with the Owner.

Analyzing-Grados por FAA Requirement. It is anticipated that Anaiysis of Grades per FAA Requirements wil! not be requiredfor this project. No effort for this task has been included.

fL403-QA Analysis Forms. It is anticipated that P-403 QA Analysis Forms will not be required for this project. No effort for

this task has been included.

Periodic Client Meetings. It is anticipated that the Engineer shall attend two (2) miscellaneous meetings to coordinate theconstruction activities and issues with the Owner.

Tribal Monito ring Coordination. It is anticipated that Tribal Monitoring will not be required for this project. No effort for thistask has been included.

FAA Grant CoordinatEon/Reimbursement Processing. The Engineer shall assist the Owner with preparation and coordination

of the appropriate documentation required for the Owner to receive reimbursement for project eligible costs through the

Owner's FAA grant for one (1) contract. The Owner shali finalize and submit the requests for reimbursement to the MnDOT

Office of Aeronautics.

CONSTRUCTION OBSERVATION

Construction Surveying - Establish Project Control. The Engineer shall provide control points and alignment data as required

by the project specifications. It is estimated that one (1) round trip at 10 hours per round trip shall be required by the survey

crew.

Contractor Staking QA/QC - Other. The Engineer shaii provide verification survey activities as required by the projectspecifications, it is estimated that one (1) round trip at 10 hours per round trip shall be required by the survey crew.

Observation - Periodic. The Engineer shal! provide periodic construction observation for this project. It is estimated at thistime that a substantial compietion date of May 1, 2020 will be allowed for the project. If the actual construction time exceedsthat estimate, additional construction observation time shail be required, and the Engineer's fee shall be equitabfy adjusted.

• Construction time to complete the hangar and associated items is estimated with a substantial completion date of

May 1, 2020. During these operations, the Engineer estimates that the Resident Engineer shall be on-site for an

estimated 20 working days at 6 hours per day. Travel time was estimated at 20 round trips at 4 hours per round tripfor the Resident Engineer.

• It is anticipated that the Project Manager shall make 2 site visits at 2 hours per visit to the project during constructionoperations to visit with the Owner and conduct a review of the construction progress. Travel time was estimated at

2 round trips at 4 hours per round trip for the Project Manager.

Although the Engineer sha!i perform construction administration and observation on this project, the Contractor is

responsible for the means and methods of construction. The Engineer has no control over the Contractor's work product.

AERONAUTICAL SURVEY SERVICES

KU ^1905JXM26 Page 5 Fairmont Municipal AirportAttachment A - Detailed Scope of Services ^ Version 02.2016

j?9.

It is anticipated that Aeronautical Survey Services will not be required for this project. No effort for this task has been included.

FAA PROJECT CIOSEOUT REPORT

Overall Project Management. The Engineer shall provide project management services to manage the completion of the

project within the conditions of this Agreement. Project management is crucia! to the success of all projects; specifically/ it iscrucial to this project. The Engineer has identified Jake Braunagel/ PE as the project manager for the project, Project

management is the discipline of planning, organizing/ and managing resources to successfully meet this project s objectives

and goals, It is the project manager's responsibility to notify the Owner of any issues, problems, or concerns regarding the

project; the delegation of all activities to the project team; and handling alt subconsultant coordination. In addition, if anyitems arise during the duration of the project that are outside this Detailed Scope of Services, the project manager shalladdress them with the Owner.

The Engineer shall perform the following doseout items per the requirements of the FAA:

Obtain Final Grant Pay Summary. Obtain final grant pay SLimmary from MnDOT Aeronautics. Compare final grant paysummary to KU doseout financial summary and address any discrepancies.

Prepare DBE Summary Report. Prepare required FAA documentation regarding DBE participation on the project based ondata obtained from the Contractor.

Prepare Executive Summary. The Engineer shall perform appropriate post-construction photographic documentation of the

project and any adjacent properties that could have been affected by construction activities. The Engineer shall also prepare

an Executive Summary of the project.

Prepare Quantity Revision Summary. Perform three-way check of all project costs and explanations of cost variations from

plan.

Prepare ALP Update, it is anticipated that an ALP Update wil! not be required for this project. No effort for this task has beenincluded.

Exhibit A Update. It is anticipated that an Exhibit A Update will not be required for this project. No effort for this task has

been included.

Prepare Record Drawings.

• Prepare record drawings and provide one (1) bound hard copy set to the Owner.

• Deliver one (1) set of Operation and Maintenance (O&M) Manuals as provided by the Contractor.

Prepare Ctoseout Report Document.

• Prepare summaries of all test results on materials installed as required and final testing report.

• Once FAA has approved the Closeout Report, the Engineer shall provide one (1) copy to the Owner.

OWNER'S RESPONSIBILITIES

Project Representative. The Owner shall designate a Project Representative with authority to administer the Engineer's

consultant contract. A!i requests for information or a decision by the Owner on any aspect of the work shail be directed to

the Owner's Project Representative.

Submittal Reviews. The Owner shall review submittals by the Engineer and provide prompt decisions and responses to

questions in order to minimize delay in the progress of the Engineer's work.

FAA Grant Coordination/Reimbursement Processing. The Owner shall prepare the requests for reimbursement during the

project.

KLJ i?1905_00426 Page 6 Fairmont Municipal AirportAttachment A - Detailed Scope of Services , Version 02.2016

^9.

Agreement Between Owner and Contractor. The Owner shall provide a legal review of the Agreement Between Owner and

Contractor template that is provided by the Engineer to make sure that it complies with locai/ state, and federal law.

Disadvantaged Business Enterprise (DBE) Plan. The Owner has an approved DBE Plan and shail make determinations on

accomplishments and participation.

KLJ #1905JXM26 Page 7 Fairmont Municipal AirportAttachment A - Detailed Scope of Services , Version 02.2016

^.

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QPROJECT WORK DESCRIPTION

CONSTRUCT 7-UNIT T-HANGAR

RELOCATE AWOS ELECTRICAL LSNE

PROVIDE ELECTRICAL SERVICE TO HANGAR

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CR/1FTEOBV, JJBREVIEWED Bf: JJBPROJECT KOREVtSEO GATE: OUl&^OI? I FAIRIVfONT MUNICIPAL AIRPORT

PROJECT WORK DESCRIPTIONDETAILED SCOPE OF SERVICES EXHIBIT

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171 ] 2. CWO-G la nWfllS llttch^) 17.ijiM) (fWC)OKU 2019

46.

CITY OF FAIRMONT—AGENDA CONTROL SHEET—AGENDA ITEM NO.


SUBJECT: Engineering services contract for lime pond closure

REVIEWED BY: Mike Humpal, CEcD, City Administrator•/


15.4

i.1




COUNCIL LIAISON: Councilor Hasek

TYPE OF ACTION:


(Introduction only)Ordinance 2Ild Reading

(Roll call)


Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The old lime ponds west of town arc no longer being used. The City currently holds apermit from the MPCA to discharge from these ponds. In order to end this permit, the site needs to beclosed in accordance with MPCA rules. City staff has been working with the MPCA, Barr Engineering,geotechnical experts and construction contractors to evaluate the conditions of the existing material and

come up with a plan to complete this closure. The attached professional services contract with Ban-

Engineering will provide closure plans and bidding documents to begin the first phases of this project.The estimated cost for this work is $139,600. City staff is recommending approval.

MOTION: To authorize the Mayor to sign the engineering services proposal from Ban- Engineering forlime pond closure plans and specifications.


ATTACHMENTS:1. Engineering services proposal from Ban' Engineering Co.

2.

3.

Council Action: Date;

^.

resourceful, naturally.engineering and environmental consultants

April 19, 2019

Troy Nemmers

Director of Public Works/City EngineerCity of Fairmont100 Downtown Plaza

City of Fairmont 56031-1709

Re: Proposal for Spent Lime Storage Pond Design and Construction Assistance

Dear Mr. Nemmers:

Barr Engineering Co. is pieased to offer this revised proposal to provide the City of Fairmont (City) with

design and construction assistance for Phase I closure of the City's water treatment plant spent Sime

storage ponds. This proposal supersedes our proposals dated May 29, 2018 and March 28, 2019.

Project Background

The City has completed the first two phases (site evaluation and enhanced site evaluation) of the

Minnesota Pollution Control Agency's (MPCA's) Environmental Impact Evaluation (EIE) process.

After MPCA approval of the first two E1E phases, the City submitted the E!E Phase i!l Facility Closure Plan(Barr, November 2016) to the MPCA.The MPCA issued approvai of the EIE Phase II! Facility Closure Planwith the condition that additional geotechnical evaluation be performed to better understand the spent

lime material properties.

Subsequently, the Geotechnical Investigation Report and Revised Closure Design (Barr, September 28,

2017) was prepared and submitted to the MPCA. The MPCA provided comments via email dated

August 7, 2018. The City submitted a response to the MPCA comments in a memorandum dated

Septembers, 2018. After the City's response to MPCA comments, a meeting was held with the MPCA on

February 21, 2019 which resulted in agreement that the City will revise the Closure Plan to incorporate a

phased-closure approach and also prepare a Postclosure Plan. This work is described in more detail

below.

Understanding of Work

Based on the February 21, 2019 meeting, we understand that the MPCA is agreeable to the phased-

closure approach for the hme ponds and plans to re-issue NPDES Permit MN0045527 accordingly.

Therefore, we understand that the City would like Barr to prepare a revised Closure Plan and a Postdosure

Plan for submittai to the MPCA. Additionally we understand that the City would like Barrto prepareConstruction Drawings, Bid Form, Technical Specifications, Construction QA/QC Plan, and a Construction

SWPPP for Phase i closure so that construction can start En the Fall of 2019 and be completed during the

winter of 2019/2020,

Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapoiis, MN 55435 952.832.2600 www.barr.com

^7

Troy NemmersApril 19, 2019Page 2

We further understand that:

• You wouid like Barr to perform construction observation,

• The City will insert Barr's Construction Drawings, Bid Form, Technical Specifications, Construction

QA/QC Plan, and Construction SWPPP into a bid package and solicit bids from construction

contractors, and

• The construction contractor will be responsible to hire independent firms to perform

constmction-related surveying and soil testing.

Our anticipated scope of work, schedule, and budget is provided below. Tasks 1 through 4 relate to the

entire facihty and Tasks 5 through 12 relate only to Phase I closure.

Proposed Scope of Work

We have organized the project into tasks to better describe the work and to more accurately estimate the

schedule and costs, as described in the following paragraphs.

Task 1: Meeting with MPCA

This task is complete and involved Ban- assistance in pre-meeting planning, agenda preparation, meeting

participation by Jeff Ubl, and submitting meeting summary notes to the participants via email

Task 2: Perform Topographic Survey

We recommend that a new topographic survey be performed because:

• the most recent topographic survey was performed in 201 1 and some waste consolidation and/or

movement may have occurred since then,

• additional grading on the southwest portion of the site was completed for improvements of

drainage after 2011,

• more topographic detail would be beneficial for the steep north dike face and some sioughing in

this area has occurred in recent years, and

• current topography could lessen the likelihood of a construction contractor claim of changed

conditions.

Barr will perform the survey of the dikes and dikes' slopes using a robotic total station, GPS, and laser

scanner as appropriate. For the lime waste surface, topographic information will be obtained using a laser

scanner (non-water ponding areas). Because topographic information of the ponded areas within the iime

pond footprints would not be needed for the Closure Plan or Phase ! cover design, this information will

not be obtained.

Assumptions:

• The City will provide survey controi points at the site for Barr's use in performing the topographic

survey.

Deliverabtes:

• Topographic surface (Civil 3D format)

w.

Troy NemmersApril 19,2019Page 3

Task 3: Prepare Revised Closure Plan

A revised facility Closure Plan will be prepared and wii! update and supersede the November 2016 version.

It is anticipated that the revised Closure Pian will be submitted to the MPCA for review and approval and

wili include:

• introduction and background

• EIE Closure requirements

• Geotechnical evaluation (assume previous geotechnical evaluations/investigations moved to

appendices with minima! reformatting)

• Water management plan

• Site civil design• Drainage pian

• Conclusions and recommendations

• Appendices

o Revised permEt-ievei drawings

o 2016 Geotechnica! Evaluations

o 2017 Geotechnicai Investigation

o Technical specifications

o Construction QA/QC Plano Hydrologic and Hydraulic Analysis

Assumptions:

• Revised Closure Plan, including permit-level drawings, wili show phased-closure of the entire

facility.

• The new topographic survey information from Task 2 will be used for permit-leve! drawings.

• The MPCA will not have any comments on the revised Closure Plan that cause significant re-work

of the permit-ievel design, modeling, or drawings.

• No meetings with the MPCA will be required.

Deliverables:

• Draft revised Closure Plan for City review (PDF format)

• Fina! revised Closure P!an for City use and submittal to the MPCA (PDF format)

Task 4: Prepare Postclosure Plan

A Postclosure Care Plan wi!i be prepared for the facility. Because facility closure is planned to be

completed in phases over several years, we anticipate that the Postclosure Plan would apply after

completion of Phase I closure.

The Postdosure Plan will indude a description and schedule of planned monitoring, inspection, and

maintenance activities for the facility.

Assumptions:

• The MPCA wil! not require financial assurance for the facility, therefore no financial assurance cost

estimates will be needed for the Postdosure Plan,

• The MPCA will not have any comments on the Postclosure Plan.

• No meetings with the MPCA will be required.

w

Troy NemmersApril19,2019

Page's

Deliverables:

• Draft Postdosure Plan for City review (PDF format)

• Final Postdosure Pian for City use and submittai to the MPCA (PDF format)

Task 5: Prepare Phase I Construction Drawings

Construction Drawings will be prepared for the lime ponds' cover, stormwater conveyance and

sedimentation basins, and related appurtenances. We have estimated that 12 to 14 plan sheets will be

necessary.

The MPCA will most likely require submittai of Construction Drawings for informational purposes, if that is

the case, foilowing your approval the Construction Drawings will be submitted to the MPCA prior to

construction.

This proposal assumes that the Construction Drawings will be based upon the new topographic survey

(Task 2 above) and the permit-level drawings contained in the revised Closure Plan (Task 3 above) and are

anticipated to include the following sheets:

• Index and Location

• Existing Conditions

• Demolition and Material Storage Plan

• Cover Grading Plan

• Coordinates and Elevations

• Cover Sections and Details (two to three sheets)

• Surface Water Sections and Details (two to three sheets)

• Miscellaneous Sections and Details

• Site Cross Sections

• Erosion Control Sections and Details

Assumptions;

• MPCA review of the revised Closure Plan (Task 3) will not cause re-work of the Phase !

Construction Drawings.

• The MPCA will agree that the Construction Drawings are to be submitted for informational

purposes and not for review/approval. Therefore, no edits to the Construction Drawings will be

needed based on MPCA review.

• Barr will not perform new evaluations of slope stability.

• No design modifications will be needed to the stormwater sedimentation ponds or the

stormwater conveyance system from what is provided in the revised Closure Plan.

• Settlement plates wili be included in the design on approximately a 50-foot grid to verify cover

soil thickness and to calculate any extra soil material installed by the Construction Contractor to

compensate them for work beyond their lump-sum price.

• No meetings with the MPCA wiii be required.

Deliverables:

• Draft Construction Drawings for City review (PDF format)

• Final Construction Drawings for City use and submittal to the MPCA (PDF format and 12 full-size

bound hard copies)

^.

Troy NemmersApril 19,2019Pages

Task 6: Prepare Phase I Bid Form and Technical Specifications

The Bid Form and Technical Specifications will be prepared in Construction Specifications Institute (CS1)format using the Technical Specifications from the revised Closure Plan as a basis. The Bid Form and

Technical Specifications wili be written in a format to solicit lump sum bids with contract adjustment unit

prices, meaning that bidding and contractor payment will be on a lump-sum basis unless the scope of

work changes. Contract adjustment unit prices will only apply in the event that the City issues a written

change order to modify the scope of the contractor's work.

This proposal assumes that the Bid Form and Technicai Specifications will generally include the following

sections:

• Division 00: Bidding Documents

o Table of Contents

o 00 41 00 Bid Form

• Division 01: Genera) Requirements

o 01 11 00 Summary of Work

o 01 31 19.13 Preconstruction Meeting

o 01 31 19.23 Progress Meetings

o 01 33 00 Submitta! Procedures

o 01 35 24 Construction Safety and Securityo 01 45 00 Quality Controlo 01 51 00 Temporary Utilitieso 01 57 13 Temporary Erosion and Sediment Control

o 01 57 26 Site Watering and Dust Controlo 01 60 00 Product Requirements

o 01 78 39 Project Record Documents

o 01 89 13 Site Preparation

• Division 02: Existing Conditions

o 02 41 00 Demolition

• Division 03: Concrete

o 03 40 00 Precast Concrete

• Division 31: Earthwork

o 31 10 00 Site Preparationo 31 2000 Earthworko 31 23 19 Dewatering and Diversion

o 31 25 00 Erosion and Sedimentation Control

o 31 3700 Riprapo 31 05 19.13 Geotextiles for Earthwork

• Division 32: Exterior Improvements

o 32 90 00 Planting

^7.

Troy Nennmers

April 19, 2019Page 6

• Division 33: Utilities

o 334115 Stormwater Drainage Piping and Appurtenances

o 33 46 16 Subdrainage Piping

Assumptions:

• Barr's test covering memorandum and video that was prepared in 2018 will be provided to the

bidders by the City.• Construction cost estimate will not be needed.

• The MPCA will agree that submittal of the Technica! Specifications is for informational purposes

and not for review/approval. Therefore, no edits to the Technical Specifications will be needed in

response to MPCA review.

• Soil testing and construction surveying will be subcontracted by the construction contractor.

• The Construction Drawings, Bid Form and Technical Specifications, and Construction QA/QC Plan

will be inserted into a bid package to be prepared by the City to solicit bids for construction.

• Geotextile reinforcement of the cover system will not be included in the specifications but would

be allowed at the discretion of the construction contractor as part of their iump-sum price,

Deliverables:

• Material quantity estimate

• Draft Technical Specifications for City review (PDF format)

• Final Technical Specifications for City use and for submitta! to the MPCA (PDF format and 12bound hard copies)

Task 7: Prepare Phase ! Construction QA/QC Plan and Construction SWPPP

The Construction QA/QC Plan will be prepared using the QA/QC plan contained in the revised ClosurePlan as a basis. It is anticipated that the QA/QC Plan will be submitted to the MPCA prior to constructionfor informational purposes only similar to the Construction Drawings and Technical Specifications as

described above.

The Construction SWPPP will be prepared in accordance with the MPCA's Construction Stormwater

General Permit (MNRW0001).

Assumptions:

• The MPCA will agree that submittai of the Construction QA/QC Plan is for informational purposes

and not for review/approvai. Therefore, no edits to the Construction QA/QC Plan will be needed

in response to MPCA review.

• Because soil testing and surveying will be performed by the construction contractor, the QA/QC

Plan will be included as bidding documents.

• The City and Construction Contractor will be co-perrrsittees of the Construction Stormwater

Permit and will perform the required inspections.

Deliverables:

• Draft QA/QC Plan and Construction SWPPP for City review (PDF format)• Fina! QA/QC Plan and Construction SWPPP for City use and for submittal to the MPCA (PDF

format and 12 bound hard copies)

^?.

TroyNemmersApril19,2019Page?

Task 8: Bidding Assistance and Pre-Bid Meeting

Barr will participate in the pre-bid meeting in Fairmont to review the project with potential bidders and

provide clarification. Clarification that is not already in the Bidding Documents will be provided to al!

potential bidders via bid addendum,

Assumptions:

• Bids wiil be submitted to the City• Jeff Ubl or Jim Berkas from Barr will participate in the pre-bid meeting in person and Barr s

construction observer will participate via conference ca!l

• One bid addendum wi!! be needed during bidding• The City will prepare the upfront bidding documents, such as the General Conditions,

Supplementary Conditions, and City/Contractor Agreement; Barr can provide these documents at

additional cost

Deliverables:

• Pre-bid meeting agenda

• Pre-bid meeting notes

• Bid addendum

Task 9: Bid Evaluation and Recommendation

Barr wiii evaluate the construction contractors' bids received by the City and provide our recommendation

for construction contract award.

Assumptions:

• None

Deliverables:

• Bid award evaluation and recommendation memorandum

Task 10: Pre-Construction Meeting

Barr will prepare the agenda, participate in person, and prepare notes from the pre-construction meeting.

The purpose of the meeting will be to discuss site safety, designate the points of contact for all parties

and lines of authority, distribute the contract documents, review the project scope and schedule, review

field-testing and submlttal procedures, discuss record documents, and identify subcontractors.

Assumptions:

• Jeff Ubl or Jim Berkas and Barr's construction observer will participate in the pre-construction

meeting at the site and/or at City offices.

Deliverables:

• Pre-construction meeting agenda

• Pre-construction meeting notes

£•3.

Troy NemmersApril 19,2019

Page8

Task 11: Construction Observation

Barr's construction observer will perform part-time onsite construction observation. The following is a

summary listing of the construction oversight tasks that will be required to satisfy MPCA requirements,

Additional detail on the construction observation requirements wiil be contained En the Construction

QA/QC Plan prepared in Task 7 above. The scope of work necessary to implement the Construction

QA/QC Plan generally includes the foilowing:

• Coordination of soil testing activities to be performed by the construction contractor's

independent soi! testing firm

• Monitoring of contractor's grade control (piping, other)

• Documentation of material type and thickness to be performed by the construction contractor's

independent surveyor

• Compilation of soil test data

• Observation of cover installation

• Photographic documentation of construction

!n addition to performance of these ongoing construction documentation activities, the construction

observer will perform the foilowing additional activities:

• Attend the project pre-construction meeting

• Assist with identification of agenda items for weekly progress meetings

• Participate En weekiy progress meetings

• Prepare progress reports for City use

• Review contractor pay requests

Assumptions:

• Barrwill perform part-time on-site construction observation, estimated to be one day/week on

average during construction• Jeff Ub! or Jim Berkas will make three site visits during construction

• The budget assumes ten 12-hour days over an assumed construction duration of eight weeks for

Barr's onsite observer (adjustments to time and budget may be required in the event that

additional onsite observation time is required because the contractor's work is not completed

within an eight-week period or if construction complexities or difficulties arise)

• A construction contractor trained person will perform construction stormwater inspections

Deliverabtes:

• Construction photos

• Construction Drawing markups for preparation of record drawings

Task 12: Prepare Construction Documentation Report

Following completion of Phase ! construction, Barr will prepare a construction documentation report for

submittal to the MPCA, it is assumed that approval of this report by the MPCA is required as the final step

in Phase I construction. The documentation report will include at least the following;

» Description of construction methods

• Presentation of material test results

^.

Tray Me m me rs

April 19, 2019PageS

• Presentation of material type and thickness documentation

• Construction record drawings

• Construction documentation photographs

Assumptions:

• The top of topsoi! topographic survey, performed by the Construction Contractor's independent

surveyor, wilt be used to create the finished grade contours for the record drawings.

• The MPCA will not have any comments on the Construction Documentation Report

• Because of the potential timing of cover installation relative to the growing season, construction

documentation will likely not inciude evidence of established vegetation on the cover in 2020. if

this is the case, the City will prepare photo documentation of cover vegetation in 2020 and

submit to the MPCA under separate cover.

Deliverabtes:

• Draft Construction Documentation for City review (PDF format)

• Final Construction Documentation Report (PDF format)

Task 13: Project Management

The project management task will consist of tracking Barr's compliance with scope, schedule, and budget

commitments, communications with the City, and project invoicing.

Barr will track the project work scope, schedule, and budget and prepare approximately monthly invoices.

Assumptions:

• The project will be compieted in 2020

Defiverables:

• Approximately monthly invoices

• Progress reports as needed

Schedule

Barr proposes to conduct the work following the attached Gantt schedule. The schedule assumes that the

City will complete review of draft documents within one week.

BudgetBarr proposes to conduct the work on a time-and-expense basis in accordance with our 2019 and

projected 2020 Fee Schedule rates and the work scope herein. We will strive to minimize project costs and

perform the work as efficiently as possible. However, if the level of effort required to compiete the scope

of work is greater than reflected in the estimated budget, we will notify the City as soon as possEbie so

that adjustments to the scope and/or budget can be made. Our estimated cost to perform the scope of

work described herein is provided below.

.5S.

Troy NemmersApril -i9, 2019

Page 10

^^:^^^^^^^;'^,!."^:^f:v (^ ^~. ..^Tssll^^.^'.^^'^J;^^ %^.i/;3'^2:-;'^;';!

Task 1: Meeting with MPCA

Task 2: Perform Topographic Survey

Task 3; Prepare revised Closure Plan

Task 4; Prepare Postdosure Plan

Task 5: Prepare Phase I Construction Drawings

Task 6: Prepare Phase ! Bid Form and Technical Specifications

Task 7: Prepare Phase I Construction QA/QC Plan and Construction SWPPP

Task 8: Bidding Assistance and Pre-Bid Meeting

Task 9: Bid Evaluation and Recommendation

Task 10: Pre-Construction Meeting

Task 11: Construction Obsen/ation

Task 12: Prepare Construction Documentation Report

Task 13: Project Management

Total

^ Estimated^;$.Bu<Iget\r

$2,700

$10,800$29,100

$4,900

$19,300$5,800

$8,600

$4,500

$1,300

$4,400

$28,400$12,600

$7,200

$139,600

Work beyond the scope of work herein (Ef any) will be discussed with the City as soon as possible and, if it

is satisfactorily explained, the City will adjust the scope and budget if needed. However, we will not exceed

the proposed budget without prior approval from the City.

We appreciate the opportunity to be of continued service to you. Please contact Jeff Ubl at 952.832.2647

(email JUbiOBan^com^ or Paul Swenson at 952.832.2803 (email [email protected]) if you have any

questions or need additional information.

If the terms of this sub-agreement are acceptable to the City of Fairmont, please date and sign in the

space provided below. Our standard contract terms are enclosed. This Agreement will be effective for the

duration of the services unless earlier terminated by either you or us. We will commence work upon

receipt of a copy of this letter signed by you. Please keep one copy for your records and return a copy to

Barr Engineering Co.

^.

Troy NemmersApril 19,2019Page 11

BARR ENGINEERING CO.

_B^_

Paul T. Swenson

Vice President P^je'cf Manager

Accepted this. _day of _

CITY OF FAIRMONT

By

Name

Its

_, 2019

Enclosures:

Project Gantt Schedule

Standard Terms- Professional Services

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STANDARD TERMS—PROFESSIONAL SERVICES

Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms

Professional Services.

Section 1: Our Responsibilities

1.1 We wiil provide the professiona! services ("Services")described in this Agreement We will use that degree of careand skill ordinarily exercised under similar circumstances byreputable members of our profession practicing in the same

locality.

1.2 We will select the means, methods, techniques, sequences,or procedures used in providing our Services. If you directus to deviate from our selections, you agree to hold usharmless from claims, damages, and expenses arising out of

your direction.

1.3 We will acquire all licenses applicable to our Services and

we wi!l comply with applicable law.

1.4 Our duties do not indude supervising your contractors or

commenting on, supervising, or providing the means andmethods of their work unless we accept any such duty inwriting. We will not be responsible for the failure of yourcontractors to perform in accordance with their

undertakings.

1.5 We will provide a heaith and safety program for ouremployees, but we will not be responsible for contractor,Job, or site health or safety unless we accept that duty in

writing.

1.6 Estimates of our fees or other project costs will be based oninformation available to us and on our experience and

knowledge. Such estimates are an exercise of ourprofessional judgment and are not guaranteed orwarranted. Actua! costs may vary. You should add a

contingency.

1.7 The information you provide to us will be maintained inconfidence except as required by law.

Section 2: Your Responsibilities

2.1 You will provide access to property.

2.2 You wilt provide us with prior reports, specifications, plans,changes in plans, and other information about the projectthat may affect the delivery of our Services. You will hold usharmless from claims, damages, and related expenses,including reasonable attorneys' fees, involving informationnot timely called to our attention or not correctly shown on

documents you furnish to us.

2.3 You agree to provide us with information on contaminationand dangerous and hazardous substances and processeswe may encounter in performing the Services and related

emergency procedure information.

2.4 You agree to hold us harmless as to claims that we are anowner, operator, generator, transporter, treater, storer, or a

disposal facility within the meaning of any law governingthe handling, treatment, storage, or disposal of dangerous

or hazardous materials.

2.5 Site remediation services may involve risk of contamination

of previously uncontaminated air, soii, or water. If you arerequesting that we provide services that include this risk,you agree to hold us harmless from such contaminationclaims, damages, and expenses, including reasonabSeattorneys' fees, unless and to the extent the loss is causedby our negligence.

2.6 You agree to make disclosures required by law. if we arerequired by law or iega! process to make such disclosures,you agree to hold us harmless and indemnify us fromrelated claims and costs, including reasonable attorneys'fees.

Section 3: Reports and Records

3.1 We will retain analytical data relating to the Services forseven years and financial data for three years,

3.2 Monitoring wells are your property and you are responsiblefor their permitting, maintenance and abandonment unlesswe accept that duty in writing. Samples remaining after testsare conducted and field and laboratory equipment thatcannot be adequately cleansed of contaminants are your

property. They will be discarded or returned to you, at ourdiscretion, unless within 15 days of the report date you givewritten direction to store or transfer the materials at yourexpense.

3.3 Our reports, notes, calculations, and other documents, andour computer software, programs, models, and data areinstruments of our Services, and they remain our property,subject to a license to you for your use in the related projectfor the purposes disclosed to us. You may not use ortransfer such information and documents to others for a

purpose for which they were not prepared without ourwritten approval. You agree to indemnify and hold usharmless from claims, damages, and expenses, includingreasonable attorneys' fees, arising out of any unauthorizedtransfer or use.

3.4 Because electronic documents may be modifiedintentionally or inadvertently, you agree that we will not beliable for damages resulting from change En an electronicdocument occurring after we transmit it to you. In case ofany difference or ambiguity between an electronic and apaper document, the paper document shall govern. Whenaccepting document transfer in electronic media format,you accept exclusive risk relating to long-term capability,usability, and readability of documents, softwareapplication packages, operating systems, and computerhardware.

3.5 If you do not pay for the Services in ful) as agreed, we mayretain reports and work not yet delivered to you and youagree to return to us our reports and other work in yourpossession or under your control. You agree not to use orrely upon our work for any purpose until it is paid for in full.

Barr Engineering Co. Page 1 of 2 Ver. 12/13/2018Last reviewed: 12/13/2018

^

Section 4: Compensation

4.1 You wii! pay for the Services as agreed or according to ourthen current fee schedules if there is no other written

agreement as to price. An estimated cost is not a firm figureunless stated as such and you should allow for acontingency in addition to estimated costs.

4.2 You agree to notify us of biliing disputes within 15 days andto pay undisputed portions of invoices within 30 days ofinvoice date. For balances not paid under these terms, youagree to pay interest on unpaid balances beginning 10 daysafter invoice date at the rate of 1.5% per month, but not toexceed the maximum rate allowed by law.

4.3 if you direct us to invoice another, we will do so, but youagree to be responsible for our compensation unless youprovide us with that person's written acceptance of theterms of our Agreement and we agree to extend credit tothat person.

4.4 You agree to compensate us in accordance with our feeschedule if we are asked or required to respond to legalprocess arising out of a proceeding to which we are not a

party.

4.5 If we are delayed by factors beyond our control, or if theproject conditions or the scope of work change, or if thestandards change, we will receive an equitabie adjustment

of our compensation.

4.6 In consideration of our providing insurance to cover claimsmade by you, you hereby waive any right of offset as topayment otherwise due us,

Section 5: Disputes, Damage, and Risk Allocation

5.1 Each of us will exercise good faith efforts to resolve disputeswithout litigation. Such efforts will include a meetingattended by each party's representative empowered to

resolve the dispute. Disputes (except collections) wil! besubmitted to mediation as a condition precedent to

litigation.

5.2 We will not be liable for special, incidental, consequential,or punitive damages, including but not limited to thosearising from delay, loss of use, !oss of profits or revenue, lossof financing commitments or fees, or the cost of capital.Each of us waives against the other and its subcontractors,agents, and employees ati rights to recover for lossescovered by our respective property/casualty or autoinsurance policies.

5.3 We will not be liable for damages unless you have notifiedus of your claim within 30 days of the date of your discoveryof it and unless you have given us an opportunity toinvestigate and to recommend ways of mitigating damages,and unless suit is commenced within two years of the eariierof the date of injury or loss and the date of completion ofthe Services.

5.4 For you to obtain the benefit of a fee which includes areasonable allowance for risks, you agree that ouraggregate liability will not exceed the fee paid for oursen/ices, but not less than $50,000, and you agree toindemnify us from all liability to others in excess of thatamount. If you are unwilling to accept this ahocation of risk,we will increase ouraggregate liability to $100,000 provided

that, within 10 days of the date of our Agreement, youprovide payment in an amount that will increase our fees by10%, but not iess than $500, to compensate us for thegreater risk undertaken. This increased fee is not the

purchase of insurance.

5.5 If you fail to pay us within 60 days following invoice date,we may consider the default a total breach of our

Agreement and, at our option, we may terminate a!l of ourduties without liability to you or to others.

5.6 If we are involved in legal action to collect our

compensation, you agree to pay our collection expenses,including reasonable attorneys' fees.

5.7 The law of the state in which the project site is located willgovern a!l disputes. Each of us waives trial by jury. Noemployee acting within the scope of employment will haveany individual liability for his or her acts or omissions andyou agree not to make any ciaim against individual

empioyees.

Section 6: Miscellaneous Provisions

6.1 We wil! provide a certificate of insurance to you uponrequest. Any claim as an Additional insured will be hmitecfto losses caused by our sole negligence.

6.2 This Agreement is our entire agreement, and it supersedesprior agreements. Oniy a writing signed by an authorizedrepresentative for each of us making specific reference tothe provision modified may modify it

6.3 Neither of us will assign this Agreement without the writtenapproval of the other. No other person has any rights underthis Agreement.

6.4 Only a writing may terminate this Agreement. We willreceive an equitable adjustment of our compensation aswell as our earned fees and expenses Ef our work is

terminated prior to completion.

6.5 We will not discriminate against any employee or applicantfor empioyment because of race, color, creed, ancestry,national origin, sex, religion, age, marital status, affectionalpreference, disabiiity, status with regard to publicassistance, membership or activity in a Socal human-rightscommission, or status as a spedaiiy disabled, Vietnam-era,or other eligible veteran. We will take affirmative action toensure that applicants are considered, and empioyees aretreated during their employment, without regard to thosefactors. Our actions wi!! include, but are not limited to

notifications, hiring, promotion or employment upgrading,demotion, transfer, recruitment or recruitment advertising,layoffs or terminations, rates of pay and other forms ofcompensation, and selection for training or apprenticeship.

6.6 Neither we nor you, including our officers, employees, andagents, are agents of the other, except as agreed in writing.Except as agreed in writing, nothing in this Agreementcreates in either party any right or authority to incur anyobligations on behalf of, or to bind in any respect, the other

party. Nothing contained herein wili prevent either partyfrom procuring or providing the same or similar products orservices from or to any third person, provided that there isno breach of any obligations pertaining to confidentiality.

End of Standard Terms

Barr Engineering Co. Page 2 of 2

&c.

Ver. 12/13/2018Last reviewed: 12/13/2018



SUBJECT: Sale of 2019 Improvement Bonds

REVIEWED BY: Mike Humpal, CEcD, City Administrator^.



SUBJECT BACKGROUND: Paul Hoye, Finance Director

INTRODUCED BY: Paul Hoye, Finance Director

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading

(Roll call)

x Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Mlotion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The proposals for the 2019 Improvement Bonds will be opened on May 13,2019 at 11:00 AM. Jessica Green from Northland Securities will present the results at theCouncil meeting. Moody's Investor Services has maintained the City's Aa3 bond rating. The

rating memo is attached.

MOTION: To adopt Resolution 2019-20, authorizing the sale of the 2019 Improvement Bonds.

VOTE REQUIRED: Simple Majority - Roll Call

ATTACHMENTS:1. Draft Resolution No. 2019-20

2. Bond Rating Analysis


^/.

EXTRACT OF MINUTES OF A MEETFNGOF THE CITY COUNCIL

CITY OF FAIRMONT, MINNESOTA

HELD: MAY 13,2019

Pursuant to due call and notice thereof, a regular or special meeting of the City Council

of the City ofFairmont, Martin County, Minnesota, was duly held at the City Hall on May 13,2019, at 5:30 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of$2,725,000 General Obligation Improvement Bonds, Series 2019A.

The following members were present:

and the following were absent;

Member _ introduced the following resolution and moved its adoption:

RESOLUTION 2019-20

RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,725,000GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A, PLEDGING SPECIAL

ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THEPAYMENT THEREOF

A. WHEREAS, the City Council of the City of Fairmont, Minnesota (the "City"),hereby determines and declares that it is necessary and expedient to issue $2,725,000 GeneralObligation Improvement Bonds, Series 2019A (the "Bonds'* or, individually, a "Bond"), pursuant

to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various public

improvement projects in the City (the "Improvements"); and

B. WHEREAS, the Improvements and all their components have been ordered prior

to the date hereof, after a hearing thereon for which notice was given describing the

Improvements or all their components by general nature, estimated cost, and area to be assessed;

and

C. WHEREAS, the City has retained Northland Securities, Inc. ("Northland"), as its

independent municipal advisor, in connection with the sale of the Bonds, and therefore the City

is authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes,

Section 475.60; Subdivision 2(9) and proposals to purchase the Bonds have been solicited byNorthland; and

D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received

by the Finance Director, or designee, at the offices of Northland, at 11:00 A.M. this same day

pursuant to the Notice of Sale established for the Bonds; and

11623256vl ^

E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City ofFah-mont,Minnesota, as follows:

1. Acceptance of Proposal. The proposal of_, in(the "Purchaser"), to purchase the Bonds in accordance with the Notice of Sale, at the rates of

interest hereinafter set forth and to pay therefor the sum of $_, plus accrued

interest to the settlement date, is hereby accepted and the Bonds are hereby awarded to the

Purchaser.

2. BoncTTerms.

(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds

shall be dated June 6, 2019, as the date of original issue, be issued forthwith on or after such datein fully registered form, be numbered from R-l upward in the denomination of $5,000 each or in

any integral multiple thereof of a single maturity (the "Authorized Denominations"), and shallmature on March 1 in the years and amounts as follows:

Year Amount Year Amount

2021 20292022 20302023 20312024 20322025 20332026 20342027 20352028

As may be requested by the Purchaser, one or more term Bonds may be issued havingmandatory sinking fund redemption and final maturity amounts conforming to the foregoing

principal repayment schedule, and corresponding additions may be made to the provisions of the

applicable Bond(s).

(b) Book Entry Only System. The Depository Trust Company, a limited purposetrust company organized under the laws of the State of New York or any of its successors or itssuccessors to its functions hereunder (the "Depository") will act as securities depository for the

Bonds, and to this end;

(i) The Bonds shall be initially issued and, so long as they remain in bookentry form only (the "Book Entry Only Period"), shall at all times be in the form of aseparate single fully registered Bond for each maturity of the Bonds; and for purposes ofcomplying with this requirement under paragraphs 5 and 10 Authorized Denominations

for any Bond shall be deemed to be limited during the Book Entry Only Period to theoutstanding principal amount of that Bond.

<o3.

(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bondregister maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE& CO., as the nominee (it or any nominee of the existing or a successor Depository, the"Nominee"),

(iii) With respect to the Bonds neither the City nor the Bond Registrar shallhave any responsibility or obligation to any broker, dealer, bank, or any other financial

institution for which the Depository holds Bonds as securities depository (the"Participant") or the person for which a Participant holds an interest in the Bonds shown

on the books and records of the Participant (the "Beneficial Owner"). Without limitingthe immediately preceding sentence, neither the City, nor the Bond Registrar, shall have

any such responsibility or obligation with respect to (A) the accuracy of the records of theDepository, the Nominee or any Participant with respect to any ownership interest in theBonds, or (B) the delivery to any Participant, any Beneficial Owner or any other person,

other than the Depository, of any notice with respect to the Bonds, including any notice

of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other

person, other than the Depository, of any amount with respect to the principal of orpremium, if any, or interest on the Bonds, or (D) the consent given or other action taken

by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of

securing the vote or consent of any Holder under this Resolution, the City may, however,rely upon an omnibus proxy under which the Depository assigns its consenting or votingrights to certain Participants to whose accounts the Bonds are credited on the record date

identified in a listing attached to the omnibus proxy.

(iv) The City and the Bond Registrar may treat as and deem the Depository tobe the absolute owner of the Bonds for the purpose of payment of the principal of and

premium, if any, and interest on the Bonds, for the purpose of giving notices of

redemption and other matters with respect to the Bonds, for the purpose of obtaining anyconsent or other action to be taken by Holders for the purpose of registering transfers

with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as

paying agent hereunder, shall pay all principal of and premium, if any, and interest on theBonds only to the Holder or the Holders of the Bonds as shown on the bond register, and

all such payments shall be valid and effective to fully satisfy and discharge the City'sobligations with respect to the principal of and premium, if any, and interest on the Bonds

to the extent of the sum or sums so paid.

(v) Upon delivery by the Depository to the Bond Registrar of written notice tothe effect that the Depository has determined to substitute a new Nominee in place of the

existing Nominee, and subject to the transfer provisions in paragraph 10, references to the

Nominee hereunder shall refer to such new Nominee.

(vi) So long as any Bond is registered in the name of a Nominee, all payments

with respect to the principal of and premium, if any, and interest on such Bond and allnotices with respect to such Bond shall be made and given, respectively, by the Bond

Registrar or City, as the case may be, to the Depository as provided in the Letter of

Representations to the Depository required by the Depository as a condition to its actingas book-entry Depository for the Bonds (said Letter of Representations, together with any

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replacement thereof or amendment or substitute thereto, including any standardprocedures or policies referenced therein or applicable thereto respecting the procedures

and other matters relating to the Depository's role as book-entry Depository for theBonds, collectively hereinafter referred to as the "Letter of Representations").

(vii) All transfers of beneficial ownership interests in each Bond issued inbook-entry form shall be limited in principal amount to Authorized Denominations and

shall be effected by procedures by the Depository with the Participants for recording andtransferring the ownership of beneficial interests in such Bonds.

(viii) In connection with any notice or other communication to be provided to

the Holders pursuant to this Resolution by the City or Bond Registrar with respect to anyconsent or other action to be taken by Holders, the Depository shall consider the date ofreceipt of notice requesting such consent or other action as the record date for such

consent or other action; provided, that the City or the Bond Registrar may establish a

special record date for such consent or other action. The City or the Bond Registrar shall,

to the extent possible, give the Depository notice of such special record date not less than15 calendar days in advance of such special record date to the extent possible.

(ix) Any successor Bond Registrar in its written acceptance of its duties underthis Resolution and any paying agency/bond registrar agreement, shall agree to take any

actions necessary from time to time to comply with the requirements of the Letter of

Representations.

(c) Termination of Book-Entry Only System. Discontinuance of a particularDepository's services and termination of the book-entry only system may be effected as follows:

(i) The Depository may determine to discontinue providing its services withrespect to the Bonds at any time by giving written notice to the City and discharging itsresponsibilities with respect thereto under applicable law. The City may terminate the

services of the Depository with respect to the Bond if it determines that the Depository isno longer able to carry out its functions as securities depository or the continuation of thesystem ofbook-entry transfers through the Depository is not in the best interests of the

City or the Beneficial Owners.

(ii) Upon termination of the services of the Depository as provided in thepreceding paragraph, and if no substitute securities depository is willing to undertake thefunctions of the Depository hereunder can be found which, in the opinion of the City, is

willing and able to assume such functions upon reasonable or customary terms, or if the

City determines that it is in the best interests of the City or the Beneficial Owners of theBond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bondsshall no longer be registered as being registered in the bond register in the name of the

Nominee, but may be registered in whatever name or names the Holder of the Bonds

shall designate at that time, in accordance with paragraph 10. To the extent that theBeneficial Owners are designated as the transferee by the Holders, in accordance with

paragraph 10, the Bonds will be delivered to the Beneficial Owners.

(£>5.

(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions ofparagraph 10.

(d) Letter of Representations. The provisions in the Letter of Representations are

incorporated herein by reference and made a part of the resolution, and if and to the extent anysuch provisions are inconsistent with the other provisions of this resolution, the provisions in the

Letter of Representations shall control.

3. Purpose. The Bonds shall provide funds to finance the Improvements. The total

cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,

Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on theImprovements shall proceed with due diligence to completion. The City covenants that it shall

do all things and perform all acts required of it to assure that work on the Improvements

proceeds with due diligence to completion and that any and all permits and studies required

under law for the Improvements are obtained.

4. Interest. The Bonds shall bear interest payable semiannually on March 1 and

September 1 of each year (each, an "Interest Payment Date"), commencing March 1, 2020,calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per

annum set forth opposite the maturity years as follows:

MatuntvJCeai Interest Rate Maturity Year Interest Rate

2021 % 2029 %2022 20302023 20312024 20322025 20332026 20342027 20352028

5. Redemption. All Bonds maturing on March 1, 2028, and thereafter shall be

subject to redemption and prepayment at the option of the City on March 1, 2027, and on anydate thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of

the Bonds subject to prepayment. If redemption is in part, the maturities and the principal

amounts within each maturity to be redeemed shall be determined by the City and if only part ofthe Bonds having a common maturity date are called for prepayment, the specific Bonds to beprepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called forredemption shall be due and payable on the redemption date, and interest thereon shall cease to

accrue from and after the redemption date. Mailed notice of redemption shall be given to the

paying agent and to each affected registered holder of the Bonds at least thirty days prior to thedate fixed for redemption.

To effect a partial redemption of Bonds having a common maturity date, the Bond

Registrar prior to giving notice of redemption shall assign to each Bond having a common

maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The

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Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in

its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 foreach number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to beredeemed shall be the Bonds to which were assigned numbers so selected; provided, however,

that only so much of the principal amount of each such Bond of a denomination of more than

$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Ifa Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the

City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the

City and Bond Registrar duly executed by the holder thereof or the Holder s attorney dulyauthorized in writing) and the City shall execute (if necessary) and the Bond Registrar shallauthenticate and deliver to the Holder of such Bond, without service charge, a new Bond or

Bonds of the same series having the same stated maturity and interest rate and of any Authorized

Denomination or Denominations, as requested by such Holder, in aggregate principal amountequal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.

6. Bond Registrar. The Finance Director, in Fairmont Minnesota, is appointed to act

as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall

do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract

the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar

shall also serve as paying agent unless and until a successor paying agent is duly appointed.Principal and interest on the Bonds shall be paid to the registered holders (or record holders) ofthe Bonds in the manner set forth in the form of Bond.

7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of

Authentication, the form of Assignment and the registration information thereon, shall be in

substantially the following form:

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UNITED STATES OF AMERICASTATE OF MINNESOTA

MARTIN COUNTYCITY OF FAIRMONT

R- $

GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2019A

Interest Rate Maturity Date Date of Original CUSIPIssue

% March 1, 20_ June 6,2019

REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT: DOLLARS

THE CITY OF FAIRMONT, MARTIN COUNTY, MINNESOTA (the "Issuer"),certifies that it is indebted and for value received promises to pay to the registered owner

specified above, or registered assigns, unless called for earlier redemption, in the mannerhereinafter set forth, the principal amount specified above, on the maturity date specified above,

and to pay interest thereon semianmially on September 1 and March 1 of each year (each, an"Interest Payment Date"), commencing March 1, 2020, at the rate per annum specified above

(calculated on the basis ofa360-day year of twelve 30-day months) until the principal sum ispaid or has been provided for. This Bond will bear interest from the most recent Interest

Payment Date to which interest has been paid or, if no interest has been paid, from the date of

original issue hereof. The principal of and premium, if any, on this Bond are payable uponpresentation and surrender hereof at the principal office of principal office of the Finance

Director, in Fairmont, Minnesota (the "Bond Registrar"), acting as paying agent, or any

successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on eachInterest Payment Date by check or draft mailed to the person in whose name this Bond is

registered (the "Holder" or "Bondholder ) on the registration books of the Issuer maintained bythe Bond Registrar and at the address appearing thereon at the close of business on the on the

fifteenth day of the calendar month next preceding such Interest Payment Date (the Regular

Record Date"). Any interest not so timely paid shall cease to be payable to the person who is theHolder hereof as of the Regular Record Date, and shall be payable to the person who is the

Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond

Registrar whenever money becomes available for payment of the defaulted interest. Notice of

the Special Record Date shall be given to Bondholders not less than ten days prior to the SpecialRecord Date. The principal of and premium, if any, and interest on this Bond are payable in

^

lawful money of the United States of America. So long as this Bond is registered in the name ofthe Depository or its Nominee as provided in the Resolution hereinafter described, and as those

terms are defined therein, payment of principal of, premium, if any, and interest on this Bond andnotice with respect thereto shall be made as provided in the Letter of Representations, as defined

in the Resolution and surrender of this Bond shall not be required for payment of the redemption

price upon a partial redemption of this Bond. Until termination of the book-entry only system

pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its

Nominee.

Optional Redemption. The Bonds of this issue (the "Bonds") maturing on March 1,

2028, and thereafter, are subject to redemption and prepayment at the option of the Issuer on

March 1, 2027, and on any date thereafter at a price of par plus accrued interest. Redemption

may be in whole or in part of the Bonds subject to prepayment If redemption is in part, the

maturities and the principal amounts within each maturity to be redeemed shall be determined bythe Issuer; and if only part of the Bonds having a common maturity date are called for

prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.Bonds or portions thereof called for redemption shall be due and payable on the redemption date,

and interest thereon shall cease to accrue from and after the redemption date. Mailed notice ofredemption shall be given to the paying agent and to each affected Holder of the Bonds prior tothe date fixed for redemption.

Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemedin advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying

the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondhoiders, at theaddresses shown on the Bond Register. All Bonds so called for redemption will cease to bear

interest on the specified redemption date, provided funds for their redemption have been duly

deposited.

Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption

of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having acommon maturity date a distinctive number for each $5,000 of the principal amount of such

Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall

deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at

$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. TheBonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,

however, that only so much of the principal amount of the Bond of a denomination of more than$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If

a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if theIssuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to theIssuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly

authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shallauthenticate and deliver to the Holder of such Bond, without service charge, a new Bond orBonds having the same stated maturity and interest rate and of any Authorized Denomination or

Denominations, as requested by such Holder, in aggregate principal amount equal to and in

exchange for the unredeemed portion of the principal of the Bond so surrendered.

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Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal

amount of $2,725,000, all of like date of original issue and tenor, except as to number, maturity,

interest rate, denomination and redemption privilege, issued pursuant to and in full conformitywith the City Charter, the Constitution, and laws of the State of Minnesota and a resolution

adopted by the City Council on May 13, 2019 (the Resolution ), for the puq?ose of providingmoney to finance the construction of various public improvement projects within the jurisdiction

of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series2019A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to

provide moneys for the prompt and full payment of its principal, premium, if any, and interestwhen the same become due, the full faith and credit and taxing powers of the Issuer have been

and are hereby irrevocably pledged.

Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered

form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fullyregistered Bonds of other Authorized Denominations in equal aggregate principal amounts at theprincipal office of the Bond Registrar, but only in the manner and subject to the limitationsprovided in the Resolution. Reference is hereby made to the Resolution for a description of the

rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principaloffice of the Bond Registrar.

Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney

duly authorized in writing at the principal office of the Bond Registrar upon presentation andsurrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the

Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond

Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate anddeliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the

transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized

Denomination or Denominations, in aggregate principal amount equal to the principal amount of

this Bond, of the same maturity and bearing interest at the same rate.

Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum

sufficient to cover any tax or other governmental charge payable in connection with the transfer

or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.

Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in

whose name this Bond is registered as the owner hereof for the purpose of receiving payment as

herein provided (except as otherwise provided herein with respect to the Record Date) and for allother purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond

Registrar shall be affected by notice to the contrary.

Authentication. This Bond shall not be valid or become obligatory for any purpose or be

entitled to any security unless the Certificate of Authentication hereon shall have been executed

by the Bond Registrar.

Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a

"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal RevenueCode of 1986, as amended.

r70.

IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and thingsrequired by the City Charter, the Constitution, and laws of the State of Minnesota to be done, to

happen and to be performed, precedent to and in the issuance of this Bond, have been done, have

happened and have been performed, in regular and due form, time and manner as required bylaw, and that this Bond, together with all other debts of the Issuer outstanding on the date of

original issue hereof and the date of its issuance and delivery to the original purchaser, does not

exceed any constitutional, charter or statutory limitation of indebtedness.

IN WITNESS WHEREOF, the City ofFairmont, Martin County, Minnesota, by its CityCouncil has caused this Bond to be executed on its behalf by the facsimile signatures of its

Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as

permitted by law.

Date of Registration: Registrable by: CITY OF FAIRMONT,MINNESOTA

BOND REGISTRAR'SCERTIFICATE OFAUTHENTICATION

This Bond is one of the Bondsdescribed in the Resolutionmentioned within.

Finance Director,City ofFairmont, Minnesota,

Bond Registrar

By_Authorized Signature

Payable at: CITY OF FAIRMONT,MINNESOTA

/s/ FacsimileMayor

/s/ FacsimileCity Clerk

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ABBREVIATIONS

The following abbreviations, when used in the inscription on the face of this Bond, shall

be construed as though they were written out in full according to applicable laws or regulations:

TEN COM - as tenants in common

TEN ENT - as tenants by the entireties

JT TEN - as joint tenants with right of survivorshipand not as tenants in common

UTMA - as custodian for

(Cust) (Minor)under the Uniform Transfers to Minors Act

(State)

Additional abbreviations may also be used though not in the above list.

ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers untothe within Bond and does

hereby irrevocably constitute and appoint _ attorney to transfer the Bond onthe books kept for the registration thereof, with full power of substitution in the premises.

Dated:Notice: The assignor's signature to this assignment must

correspond with the name as it appears upon the

face of the within Bond in every particular, without

alteration or any change whatever.

Signature Guaranteed:Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firmhaving a membership in one of the major stock exchanges or any other "Eligible Guarantor

Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).

The Bond Registrar will not effect transfer of this Bond unless the information

concerning the transferee requested below is provided.

Name and Address:

(Include information for all joint owners if the Bond is held by joint account.)

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8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of

the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City;provided) as permitted by law, both signatures may be photocopied facsimiles and the corporate

seal has been omitted. In the event of disability or resignation or other absence of either officer,the Bonds may be signed by the manual or facsimile signature of the officer who may act onbehalf of the absent or disabled officer. In case either officer whose signature or facsimile of

whose signature shall appear on the Bonds shall cease to be such officer before the delivery ofthe Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes,

the same as if the officer had remained in office until delivery.

9. Authentication. No Bond shall be valid or obligatory for any purpose or beentitled to any security or benefit under this resolution unless a Certificate of Authentication on

the Bond, substantially in the form hereinabove set forth, shall have been duly executed by anauthorized representative of the Bond Registrar. Certificates of Authentication on different

Bonds need not be signed by the same person. The Bond Registrar shall authenticate the

signatures of officers of the City on each Bond by execution of the Certificate of Authentication

on the Bond and, by inserting as the date of registration in the space provided, the date on which

the Bond is authenticated, except that for purposes of delivering the original Bonds to thePurchaser, the Bond Registrar shall insert as a date of registration the date of original issue of

June 6, 2019. The Certificate of Authentication so executed on each Bond shall be conclusiveevidence that it has been authenticated and delivered under this resolution.

10. Registration; Transfer; Exchange. The City will cause to be kept at the principaloffice of the Bond Registrar a bond register in which, subject to such reasonable regulations as

the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds

and the registration of transfers of Bonds entitled to be registered or transferred as herein

provided.

Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, theCity shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of

registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee

or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a

like aggregate principal amount, having the same stated maturity and interest rate, as requestedby the transferor; provided, however, that no Bond may be registered in blank or in the name of

"bearer" or similar designation.

At the option of the Holder, Bonds may be exchanged for Bonds of any AuthorizedDenomination or Denominations of a like aggregate principal amount and stated maturity, uponsurrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever

any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond

Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the

Holder making the exchange is entitled to receive.

All Bonds surrendered upon any exchange or transfer provided for in this resolution shall

be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.

03.

All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general

obligations of the City evidencing the same debt, and entitled to the same benefits under this

resolution, as the Bonds surrendered for such exchange or transfer.

Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or

be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,

duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.

The Bond Registrar may require payment of a sum sufficient to cover any tax or othergovernmental charge payable in connection with the transfer or exchange of any Bond and any

legal or unusual costs regarding transfers and lost Bonds.

Transfers shall also be subject to reasonable regulations of the City contained in any

agreement with the Bond Registrar, including regulations which permit the Bond Registrar toclose its transfer books between record dates and payment dates. The Clerk is hereby authorized

to negotiate and execute the terms of said agreement.

11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in

exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,

and to accrue, which were carried by such other Bond.

12. Interest Payment; Record Date. Interest on any Bond shall be paid on eachInterest Payment Date by check or draft mailed to the person in whose name the Bond is

registered (the "Holder") on the registration books of the City maintained by the Bond Registrarand at the address appearing thereon at the close of business on the fifteenth day of the calendarmonth next preceding such Interest Payment Date (the "Regular Record Date"). Any such

interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of

the Regular Record Date, and shall be payable to the person who is the Holder thereof at theclose of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever

money becomes available for payment of the defaulted interest. Notice of the Special Record

Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the

Special Record Date.

13. Treatment of Registered Owner. The City and Bond Registrar may treat the

person in whose name any Bond is registered as the owner of such Bond for the purpose of

receiving payment of principal of and premium, if any, and interest (subject to the payment

provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not

such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected bynotice to the contrary.

14. Delivery; Application of Proceeds. The Bonds when so prepared and executedshall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,

and the Purchaser shall not be obliged to see to the proper application thereof.

15. Fund and Accounts. There is hereby created a special fund to be designated the

"General Obligation Improvement Bonds, Series 2019A Fund" (the "Fund") to be administered

and maintained by the Finance Director as a bookkeeping account separate and apart from allother funds maintained in the official financial records of the City. The Fund shall be maintained

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in the manner herein specified until all of the Bonds and the interest thereon have been fully

paid. There shall be maintained in the Fund the following separate accounts:

(a) Construction Account. To the Construction Account there shall be credited the

proceeds of the sale of the Bonds, less capitalized interest [and any amount paid for the Bonds inexcess of the minimum bid], and plus any special assessments levied with respect to the

Improvements and collected prior to completion of the Improvements and payment of the costs

thereof. From the Construction Account there shall be paid all costs and expenses of making theImprovements listed in paragraph 16, including the cost of any construction contracts heretoforelet and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes,

Section 475.65. Moneys in the Construction Account shall be used for no other purpose except

as otherwise provided by law; provided that the proceeds of the Bonds may also be used to theextent necessary to pay interest on the Bonds due prior to the anticipated date of commencement

of the collection of taxes or special assessments herein levied or covenanted to be levied; and

provided further that if upon completion of the Improvements there shall remain any unexpendedbalance in the Construction Account, the balance (other than any special assessments) shall be

transferred by the City Council to the Debt Service Account or the fund of any other

improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided farther thatany special assessments credited to the Construction Account shall only be applied towards

payment of the costs of the Improvements upon adoption of a resolution by the City Council

determining that the application of the special assessments for such purpose will not cause theCity to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.

(b) Debt Service Account. There are hereby in'evocably appropriated and pledged to,and there shall be credited to, the Debt Service Account: (i) capitalized interest in the amount of

$_ (together with interest earnings thereon and subject to such other adjustments as are

appropriate to provide sufficient funds to pay interest on the Bonds on or before March 1, 2020);[(ii) all funds paid in excess of the minimum bid; ](iii) all collections of special assessmentsherein covenanted to be levied with respect to the Improvements and either initially credited to

the Construction Account and not already spent as permitted above and required to pay anyprincipal and interest due on the Bonds or collected subsequent to the completion of the

Improvements and payment of the costs thereof; (iv) any collections of all taxes herein or

hereafter levied for the payment of the Bonds; (v) all funds remaining in the ConstructionAccount after completion of the Improvements and payment of the costs thereof, not so

transferred to the account of another improvement; (vi) all investment earnings on funds held in

the Debt Service Account; and (vii) any and all other moneys which are properly available andare appropriated by the City Council to the Debt Service Account. The Debt Service Account

shall be used solely to pay the principal and interest of the Bonds and any other general

obligation bonds of the City hereafter issued by the City and made payable from said account asprovided by law.

No portion of the proceeds of the Bonds shall be used directly or indirectly to acquirehigher yielding investments or to replace funds which were used directly or indirectly to acquire

higher yielding investments, except (1) for a reasonable temporary period until such proceeds are

needed for the purpose for which the Bonds were issued and (2) in addition to the above in anamount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To

this effect, any proceeds of the Bonds and any sums from time to time held in the Construction

%T.

Account or Debt Service Account (or any other City account which will be used to pay principalor interest to become due on the bonds payable therefrom) in excess of amounts which under

then applicable federal arbitrage regulations may be invested without regard to yield shall not beinvested at a yield in excess of the applicable yield restrictions imposed by said arbitrageregulations on such investments after taking into account any applicable "temporary periods" or

"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall

not be invested in obligations or deposits issued by, guaranteed by or insured by the UnitedStates or any agency or instrumentality thereof if and to the extent that such investment would

cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of theInternal Revenue Code of 1986, as amended (the "Code"),

16. Assessments. It is hereby determined that no less than 20% of the cost to the City

of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section

475.58, Subdivision 1(3), shall be paid by special assessments to be levied against everyassessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby

covenants and agrees that it will let all construction contracts not heretofore let within one yearafter ordering each Improvement financed hereunder unless the resolution ordering the

Improvement specifies a different time limit for the letting of construction contracts. The City

hereby further covenants and agrees that it will do and perform as soon as they may be done all

acts and things necessary for the final and valid levy of such special assessments, and in theevent that any such assessment be at any time held invalid with respect to any lot, piece or parcel

of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken

by the City or the City Council or any of the City officers or employees, either in the making ofthe assessments or in the performance of any condition precedent thereto, the City and the City

Council will forthwith do all further acts and take all further proceedings as may be required bylaw to make the assessments a valid and binding lien upon such property. The specialassessments have heretofore been authorized. Subject to such adjustments as are required by the

conditions in existence at the time the assessments are levied, it is hereby determined that the

assessments shall be payable in equal, consecutive, annual installments, with general taxes forthe years shown below and with interest on the declining balance of all such assessments at the

rates per annum not less than the rate per annum set forth opposite the collection years specified

below:

Improvement Designation Levy Years Collection Years Amount

2019 Improvements See Exhibit B

At the time the special assessments are in fact levied the City Council shall, based on the

then current estimated collections of the special assessments, make any adjustments in any advalorem taxes required to be levied in order to assure that the City continues to be in compliance

with Minnesota Statutes, Section 475.61, Subdivision 1.

17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and

interest on the Bonds there is hereby levied upon all of the taxable property in the City a directannual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of

other general property taxes in the City for the years and in the amounts as follows:

%.

Levy Years Collection Years Amount

See Exhibit B

The tax levies are such that if collected in full they, together with estimated collections of

special assessments and other revenues herein pledged for the payment of the Bonds, willproduce at least five percent in excess of the amount needed to meet when due the principal and

interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds

are outstanding and unpaid, provided that the City reserves the right and power to reduce the taxlevies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61,

Subdivision 3.

18. General OblJsation Pledge. For the prompt and full payment of the principal andinterest on the Bonds, as the same respectively become due, the full faith, credit and taxing

powers of the City shall be and are hereby in'evocably pledged. If the balance in the DebtService Account is ever insufficient to pay all principal and interest then due on the Bonds and

any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds

of the City which are available for such purpose, and such other funds may be reimbursed withor without interest from the Debt Service Account when a sufficient balance is available therein.

19. Defeasance. When all Bonds have been discharged as provided in this paragraph,all pledges, covenants and other rights granted by this resolution to the registered holders of the

Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with

respect to any Bonds which are due on any date by irrevocably depositing with the BondRegistrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond

should not be paid when due, it may nevertheless be discharged by depositing with the BondRegistrar a sum sufficient for the payment thereof in full with interest accrued to the date of such

deposit. The City may also discharge its obligations with respect to any prepayable Bonds calledfor redemption on any date when they are prepayable according to their terms, by depositing

with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,provided that notice of redemption thereof has been duly given. The City may also at any time

discharge its obligations with respect to any Bonds, subject to the provisions of law now or

hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a

suitable banking institution qualified by law as an escrow agent for this purpose, cash orsecurities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest

payable at such times and at such rates and maturing on such dates as shall be required, without

regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, ifnotice of redemption as herein required has been duly provided for, to such earlier redemption

date.

20. Compliance With Reimbursement Bond Regulations. The provisions of this

paragraph are intended to establish and provide for the City's compliance with United StatesTreasury Regulations Section 1.150-2 (the "Reimbursement Regulations ) applicable to the

"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the

City to reimburse itself for any expenditure which the City paid or will have paid prior to theClosing Date (a "Reimbursement Expenditure").

w

The City hereby certifies and/or covenants as follows:

(a) Not later than sixty days after the date of payment of a ReimbursementExpenditure, the City (or person designated to do so on behalf of the City) has made or will havemade a written declaration of the City's official intent (a "Declaration") which effectively (i)states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement

Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functionaldescription of the property, project or program to which the Declaration relates and for which the

Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the

general functional purpose thereof from which the Reimbursement Expenditure was to be paid

(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to beissued by the City for the purpose of financing the Project; provided, however, that no such

Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" forthe Project, defined in the Reimbursement Regulations to include engineering or architectural,

surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not

exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount ofReimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the

proceeds of the Bonds.

(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of

the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of theReimbursement Regulations.

(c) The "reimbursement allocation" described in the Reimbursement Regulations for

each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)the issuance of the Bonds and in all events within the period ending on the date which is the laterof eighteen months after payment of the Reimbursement Expenditure or one year after the date

on which the Project to which the Reimbursement Expenditure relates is first placed in service,but not more than three years after the date of the Reimbursement Expenditure.

(d) Each such reimbursement allocation will be made in a writing that evidences theCity's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made withinthirty days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.

Provided) however, that the City may take action contrary to any of the foregoing covenants in

this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect thatsuch action will not impair the tax-exempt status of the Bonds.

21. Certificate of Registration. The City Clerk is hereby directed to file a certifiedcopy of this resolution with the County Auditor of Martin County, Minnesota, together with suchother information as the County Auditor shall require, and to obtain from the County Auditor a

certificate that the Bonds have been entered in the County Auditor's Bond Register and that the

tax levy required by law has been made.

22. Continuing Disclosure. The City is the sole obligated person with respect to the

Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),

promulgated by the Securities and Exchange Commission (the Commission ) pursuant to the

w

Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the"Undertaking") hereinafter described:

(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board(the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annualfinancial information and operating data in accordance with the Undertaking. The City reserves

the right to modify from time to time the terms of the Undertaking as provided therein.

(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain

events with respect to the Bonds in not more than ten (10) business days after the occurrence ofthe event, in accordance with the Undertaking.

(c) Provide or cause to be provided to the MSRB notice of a failure by the City toprovide the animal financial mfbrmation with respect to the City described in the Undertaking, innot more than ten (10) business days following such occurrence.

(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraphand in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall beenforceable on behalf of such Holders; provided that the right to enforce the provisions of these

covenants shall be limited to a right to obtain specific enforcement of the City's obligations underthe covenants.

The Mayor and City Clerk or any other officer of the City authorized to act in their place(the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertakingin substantially the form presented to the City Council subject to such modifications thereof or

additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by thePurchaser of the Bonds, and (iii) acceptable to the Officers.

23. Records and Certificates. The officers of the City are hereby authorized and

directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the

issuance of the Bonds, certified copies of all proceedings and records of the City relating to theBonds and to the financial condition and affairs of the City, and such other affidavits, certificates

and information as are required to show the facts relating to the legality and marketability of the

Bonds as the same appear from the books and records under their custody and control or asotherwise known to them, and all such certified copies, certificates and affidavits, including any

heretofore furnished, shall be deemed representations of the City as to the facts recited therein.

24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City

hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause orpermit them to be used, or to enter into any deferred payment arrangements for the cost of the

Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the

meaning of Sections 103 and 141 through 150 of the Code.

25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply withrequirements necessary under the Code to establish and maintain the exclusion from gross

income under Section 103 of the Code of the interest on the Bonds, including without limitation

(i) requirements relating to temporary periods for investments, (ii) limitations on amountsinvested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment

79.

earnings to the United States if the Bonds (together with other obligations reasonably expected tobe issued and outstanding at one time in this calendar year) exceed the small issuer exception

amount of $5,000,000.

For purposes of qualifying for the small issuer exception to the federal arbitrage rebaterequirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds,

determines and declares that (i) the Bonds are issued by a governmental unit with general taxing

powers; (ii) no Bond is a private activity bond; (ni) ninety five percent or more of the netproceeds of the Bonds are to be used for local governmental activities of the City (or of a

governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and(iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issuedby the City (and all entities subordinate to, or treated as one issuer with the City) during thecalendar year in which the Bonds are issued and outstanding at one time is not reasonably

expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.

26. Designation of Qualified Tax-Exempt ObUsations. In order to qualify the Bonds

as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, theCity hereby makes the following factual statements and representations:

(a) the Bonds are issued after August 7, 1986;

(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;

(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for

purposes of Section 265(b)(3) of the Code;

(d) the reasonably anticipated amount of tax-exempt obligations (other than private

activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which willbe issued by the City (and all entities treated as one issuer with the City, and all subordinateentities whose obligations are treated as issued by the City) during this calendar year 2019 willnot exceed $10,000,000;

(e) not more than $10,000,000 of obligations issued by the City during this calendaryear 2019 have been designated for purposes of Section 265(b)(3) of the Code; and

(f) The aggregate face amount of the Bonds does not exceed $10,000,000.

The City shall use its best efforts to comply with any federal procedural requirements

which may apply in order to effectuate the designation made by this paragraph.

27. Official Statement. The Official Statement relating to the Bonds prepared and

distributed by Northland is hereby approved and the officers of the City are authorized inconnection with the delivery of the Bonds to sign such certificates as may be necessary with

respect to the completeness and accuracy of the Official Statement.

28. SeverabiUty. If any section, paragraph or provision of this resolution shall be heldto be invalid or unenforceable for any reason, the invalidity or unenforce ability of such section,

paragraph or provision shall not affect any of the remaining provisions of this resolution.

^0.

29. Headings. Headings in this resolution are included for convenience of reference

only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.

Motion by:Seconded by:All in Favor:Opposed:Abstained:Absent:

ADOPTED by the Council on this 13th day of May, 2019.


ATTEST:


^1.

STATE OF MINNESOTACOUNTY OF MARTINCITY OF FAIRMONT

I, the undersigned, being the duly qualified and acting City Clerk of the City ofFairmont,

Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes

with the original thereof on file in my office, and that the same is a full, true and complete

transcript of the minutes of a meeting of the City Council, duly called and held on the date

therein indicated, insofar as such minutes relate to providing for the issuance and sale of

$2,725,000 General Obligation Improvement Bonds, Series 2019A.

WITNESS my hand on May 13,2019.


w-

EXHIBIT A

PROPOSALS

[To be supplied by Northland Securities, Inc.]

A-l

11623256V1r3.

EXHIBIT B

LEVY & ASSESSMENTS SCHEDULE

[To be supplied by Northland Securities, Inc.]

B-l

U623256vl?¥.

CREDIT OPINION3 Nay 2019

Contacts

Jennifer CardBernhardt

Analystjenn [email protected]

Douglas Goltfmacher

AVP-AnaSyst

dougtas.goldmacher@)moodys.com

+1,312.706.9983

+1.212.553.1477

CLIENT SERVICES

Americas

Asia Pacific

Japan

EMEA

1-212-553-1653

852-3551-3077

81-3-5408-4100

44-20-7772-5454

Fairmont (City of) MNUpdate to credit analysis

SummaryThe City of Fairmont, MM (Aa3) benefits from well managed finances that have resulted

in positive operating performance and strong reserves. The citys credit profile is enhancedby its role as a regional economic center for the surrounding rural communities. The city's

pension liabilities are moderate. The city's strengths are balanced against a relatively small

and concentrated tax base with below-average resident income levels, and an above-average

debt burden with high fixed costs.

Credit strengths

» Regional economic center for surrounding rural area

» Strong financial position with healthy reserves

Credit challenges

» Concentrated tax base

» Above average overall debt burden with high fixed costs

Rating outlookMoody's does not typically assign outlooks to EocaE governments with this amount of debt.

Factors that could lead to an upgrade

» Diversification and expansion of the city's tax base

» Improvement to the city's demographic profile

» Moderation of the city's debt and fixed cost burden

Factors that could lead to a downgrade

» increase in debt and fixed costs without offsetting revenue and tax base growth

» Narrowing of operating reserves and/or availabte liquidity

» Deterioration of the city's tax base and resident income levels

?5

^iaiGR^SflNVES;TQRS!SERVieE |UafRUBL)(iiFrN^BE|

Key indicators

Exhibit 1

Fairmont (City of) MN

Economy/Tax Base

Total Full Value ($000)

Population

Full Va)ue Per Capita

Median Family Income (% of US Median)

Finances

Operating Revenue ($000)

Fund Balance ($000}

Cash Balance ($000)

Fund Balance as a % of Revenues

Cash Balance as a % of Revenues

Debt/Pensions

Net Direct Debt ($000)

3-Year Average of Moody's ANPL ($000)

Net Direct Debt / Full VaiuG (%}

Net Direct Debt / Operating Revenues (x)

Moody 5- adjusted Net Pension Liability (3-yr average) to Full Vaiue (%)

Moody s - adjusted Net Pension Liability (3-yr average) to Revenues (x)

2013

$674.103

10,553

$63.878

94.2%

$9.562

$14,735

$15,321

154,1%

160.2%

$21,565

$19,549

3.2%

2.3x

2.9%

2.0x

2014

$699,737

10,474

$66,807

95.0%

$9,771

$12,490

$12,671

127.8%

129.7%

$15,410

$20,049

2.2%

1.6x

2.9%

2.1x

2015

$724,194

10,387

£69,721

94.0%

$10,291

$13,566

$13.852

131.8%

134.6%

$16,510

$17,902

2.3%

1,6x

2.5%

1.7x

2016

$716,700

10,311

$69,508

89,6%

$9,930

$13.960

$14,049

140.6%

141.5%

$15,445

$20.807

2.2%

1.6x

2.9%

2,1x

2017

$709,234

10,251

$69,187

90,1%

$10,721

$12,249

$12,237

114.3%

114.1%

$14,665

$19,827

2.1%

1,4x

2.8%

1.8x

Sources: Moodty's Investors Sen/ice; Fairmont's audited finandat statements: US Census Bureau

ProfileThe City of Fairmont is located in southern Minnesota (Aa1 stable) approximately 50 miles southwest ofMankato (Aa2) and 105 mites

westofRpd)esJ;ej:{Aaa stable). The city provides municipal services to a population of just over 10,200 residents.

Detailed credit considerations

Economy and tax base: concentrated tax base serves as economic center for South Central Minnesota region

The city's economic base is expected to remain stable given its role as a retail and employment center for surrounding rural

communities and ongoing development Fairmont is the county seat of Martin County and is favorably located along interstate 90,

which enables its prominence as the regional economic center. The city's $809 million tax base grew at an average annual rate of

3.7% over the last five years.The base actually grew by 14% in 2018, though this was driven, in part, by market value reassessments.

Coliectively, the city's top ten taxpayers accounted for 21.6% of net tax capacity. The top two taxpayers are industrial businesses

related to the agriculture industry, CHS Inc. (5.0%) and Green Plains Fairmont LLC (4.6%). The third largest is Wai-Mart (2.5%).

Officials report that Fairmont draws residents from a 30 mile radius for employment within the city. The largest employers include

Fairmont Mayo Health System (546), Fairmont Foods of MN (310), a large food manufacturer, and Weight-Tronix (305), manufacturer

of scales and weights. At 4.4% as of February 2019, Martin County's unemployment rate Is above the state (3.9%) and nation (4.1%).

Medium family income is betow-average at 90% of the nation.

Financial operations and reserves: strong finandaE operations with healthy reserves

The city's financial position is expected to remain strong given healthy reserve levels and a history of conservative budgeting. Fiscal

2017 was the city's fifth consecutive General Fund operating surplus, which totaled $214,000 and brought the available fund balance

to $7.3 million, or a very strong 84% of operating revenues. This is up from $4.3 million or 59% of operating revenues in fiscal 2012.

Management attributes the growth in fund balance to conservative budgeting practices resulting in positive variances in expenses

This publication does not announce a credit raring action. For any credit ratings referenced in this publication, please see the ratings tab on the issuer/entity page on

www.moodys.com for the most updated credit rating action Enfarmstion and rating history.

3 Hay 2019

5-^.Fairinont (City of) MN: Update to credit analysis

^<^»NyE:SH0R5|$miGE

and revenues. Available fund balance across all operating funds (General and Debt Service Funds] totaled $12.2 million or 114.3% of

operating revenues. Net $2.3 mJttion in bond proceeds, the city's cash position is around $10 million.

Unaudited results for fiscal 2018 reflect another $610,000 surplus In the General Fund driven by a combination of favorable revenue

results and lower than budgeted capital spending. Year to date finances for fiscal 2019 are tracking to budget with a $140,000 increase

in the General Fund balance.

The city's format fund balance policy to maintain between 55% to 65% of the next years budgeted Generai Fund expenditures in

reserve. Given the higher than targeted level of reserves, management plans to continue using some reserves in the next few years for

a large street and park building project. The total project cost is estimated at $8.5 million and the city has currently earmarked $2.3

million towards the project.

LlQUIDinThe city's liquidity position is strong. At the dose of fiscal 2017, the operating fund had a net cash position of $12.2 million or 114%

of operating revenues. The city's Municipal Liquor Fund provides a source of additional liquidity. At the end of fiscal 2017, the fund

held $1.6 million in cash. The funds are not restricted in use and could be used to finance operations if needed, though the city has

historically used the funds for capital projects and other one-time expenditures.

Debt and pensions: above average debt burden with high fixed costs

The city's leverage related to long-term debt and pension liabilities is moderate. Inclusive of a planned $2.7 million GO borrowing

scheduled in May 2019, the city has $13.4 million in outstanding GO debt, equal tot.7% of full value and 1.3x operating revenues. This

figure is net $29.3 million in debt associated with the city's self supporting enterprise funds. The city s adjusted net pension liability

(ANPL) totaled $16.2 million in fiscal 2017, equal to 2.3% of full value and 1.5x operating revenue. In comparison, the city's reported

net pension liability, based on the use of different discount rates, was $4.2 million.

The city's totat fixed costs, inclusive of debt service, pension contributions, and other post-employment benefit (OPEB) costs, are at

$2.5 million or 23% of operating revenues. This is net $2.3 million in bond proceeds for refunding.

DEBT STRUCTURE

All of the city's debt is long-term and fixed rate. Principal amortization is slow with only 57.5% of debt retired within 10 years. All debt

matures by 2041.

DEBT-RELATED DERIVATIVES

The city has no exposure to any debt-retated derivatives.

PENSIONSANDOPEB

The city participates in two multiple-employer cost-sharing plans, the General Employees Retirement Fund (GERF) and the Public

Employees Police and Fire Fund (PEPFF). Minnesota statutes establish local government retirement contributions as a share of annual

payroll Employer contribution rates are currently set at 7.5% of payroll for GERF and at 162% of payrott for PEPFF. The city's total fiscal

2017 pension contribution was $711,000,

Statutory contribution levels have not kept pace with growing unfunded liabilities in state-wide pension plans. Contributions to

PEPFF from ati participating governments in aggregate amounted to 90% of the plan's "tread water" indicator in 2017.-1 The state

of Minnesota approved legislation in 2018 that will modify benefits and modestly increase contributions for some pension plans.

Employer contributions from cities to the police and fire plan, for example, will modestly increase to 17.7% by 7020 from the current

rate of 16.2%. Because employer contributions will not rise significantly, cities are unlikely to contend with material budget strain from

the increases.

OPEB obligations do not represent a material credit risk for the city. The city operates a single employer retiree medical plan and funds

the plan on a pay as you go basis. In fiscal year 2017, the city contributed $24,000 to the plan, an amount equal to 0.2% of operating

revenue.

3 May 2019 Fairmant (City of) MN: Update to credit analysis

S-7.

Management and governance: strong institutional framework with conservative budgeting

Property tax revenues and intergovernmental aid accounted for 36.9% and 34.7% of fiscal 2017 operating revenues, respectively.

Management applies conservative budget assumptions and earmarks income from its Municipal Liquor Fund for capital projects and

other one-time expenditures to limit bonding and the use of reserves for capftal projects, in fiscal 2017 the city Implemented a 0.5%

sates and use tax, of which funding can be used for recreational amenities, trail systems, and community center projects. In fiscal 2018,

the first full year of coltections, the city received $700,000 in revenues.

Minnesota cities have an Institutional Framework score of Aa, which is strong. Institutional Framework scores measure a sectorslegat

ability to increase revenues and decrease expenditures. The sector has one or more major revenue sources that are not subject to

any caps. Revenues tend to be predictable, as cities rely primarily on property taxes and state Local Government Aid (LGA), which is

distributed based on demographic and tax base factors. Revenue-raising flexibility is moderate as cities generally benefit from uniimited

levying authority, except during years in which the state has imposed limits. Levy limits are not currently In place for cities. Across the

sector, fixed and mandated costs are relatively high. Minnesota has public sector unions, which can Eimit the ability to cut expenditures.

Expenditures mostly consist of personnel costs, which are highly predictabie.

Endnotes1 Employer contributions that tread water equal the sum of current year service cost and interest on reported net pension liabilities at the start of the year,

using reported assumptions. If plan assumptions are met exactly, contributions equal to the tread water indicator will prevent the reported net pension

liabilities from growing.

3MayZ019 ?? Fairmont (City of) MN: Update to credit analysis

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CITY OF FAIRMONT—AGENDA CONTROL SHEET—AGENDA ITEM NO. 15.6


SUBJECT: City standards for Street Light Fixtures and Poles Installed in Conjunction with Small Cell

REVIEWED BY: Mike Humpal, CEcD, City Administratorl

j• ^-





COUNCIL LIAISON: Councilor Hasek

TYPE OF ACTION:


(Introduction only)Ordinance 2 Reading(Roll call)


Discussion

Information Only


x City Staff x Board Commission Committee

Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The League ofMN Cities is advising that Cities adopt a policy on aesthetics of polesand street lights that are installed as part of any small cell installation. They provided several templatesfor this language and staff has edited for the City ofFairmont. Attached is the policy that the PUCapproved on April 9tb, 2019.

MOTION: To accept the policy on Street Light Fixtures and Poles Installed in Conjunction withSmall Cell installations as approved by the PUC on April 9th, 2019.


ATTACHMENTS:1. Policy for Street Light Fixtures and Poles Installed in Conjunction with Small Cell installations2.

3.


w

C\Tf OF FAIRMONT- 100 Downtown Plaza - Falrmont, MN 56031Phone (507)238-9461 www.fairmont.org * [email protected] Fax (507)238-9469

City of Fairmont Aesthetic Requirementsfor Street Light Fixtures and Poles Installed in Conjunction with

Small Cell Wireless Facility Equipment

April 2019

All Street Light Fixtures and Poles installed in conjunction with small cell wireless facility equipment within the City ofFairmont shall be reviewed and approved by the Engineering Department prior to installation. This includes approval of

wireless facility equipment installed on City owned or privately owned street lights or electric distribution infrastructure.

A permit to work in public right-of-way is required for installations within the right of way, and colocation agreements are

required for each small cell wireless facility proposed on City ofFairmont owned infrastructure or within City right-of-

way. All plans shali be signed and sealed by a Professional Civil and Electrical Engineer.

Street light fixtures and poles installed to accommodate small cell wireless facility equipment shall be uniform and

consistent in both color and appearance with existing City ofFairmont street light infrastructure. When a permit

application is received, the City shall work with the applicant to provide information on the type of pole, fixture,

mounting, and base desired for requested location(s). The applicant shall be required to furnish a replacement pole as

deemed necessary by the City.

Specific criteria for small wireless facility installations are as foilows:

a. Only one installation per pole on a first come, first served basis is permitted.

b. The wireless equipment is not permitted to protrude more than five (5) feet above the streetlight luminaire or mast

arm itseif.

c. The mounting height of the luminaire on the streetlight pote shall be no more than 35 feet.

d. The mast arm length of a replacement pole shall match the existing streetlight pole being replaced.

e. The color and surface treatment of the replacement pole shall match the surrounding area poles. Pole heights shall

be the same as all surrounding poies of the same use.

f. No Company signs are permitted to be placed on a pole, including a replacement pole, except to the extent

required by local, state or federal !aw or regulations.

g. All pole attached wireless equipment must be a minimum of 10 feet from sidewalk elevation.

h. AI! pole-mounted equipment shall match the color of the replacement pole.

i. Ail other standards and requirements of the City s zoning code shall apply.

j. The replacement pole and the wireless equipment attached to the pole shall not increase the height of the existing

pole by more than ten (10) percent, not to exceed four (4) feet. The distance from the edge of pole or ground-

based equipment to the street or sidewalk shall meet all setback requirements per the City's Engineering

Standards.

k. All cables or wires for the attached wireless equipment shall be located inside the pole except where such cables

or wires attach to the ports in the antenna.

I. No small cell wireless facility equipment will be installed on City owned water towers or outdoor warning sirens.

The City ofFah'mont reserves the right to reject any street light fixture proposed to be City owned and maintained and

installed in conjunction with small cell wireless facility equipment based solely on appearance and consistency with

existing City owned equipment and maintenance capabilities.

^.

CITY OF FAIRMONT—AGENDA CONTROL SHEET—-AGENDA ITEM NO. 15.7


SUBJECT: Advertise for Bids for 2019-C Construction Project

REVIEWED BY: Mike Humpal, CEcD, City Administrator,.-' '1.'\





COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance lyl Reading

(Introduction only)Ordinance 2" Reading

(Roll call)


Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The plans and specifications for the 2019-C Improvement Project are ready for

bid. This improvement consists of resurfacing and overlay projects on various streets located inthe City ofFairmont, as outlined in the 2019 Improvement Program. The Council must pass a

resolution authorizing the publication of this project. If the resolution is approved the bidopening for this project would be June 6, 2019 at 10:00 a.m. at City Hall.

MOTION: To adopt Resolution 2019-21 approving advertising of the 2019-C ConstructionProject.

VOTE REQUIRED: Simple majority -Roll call


2.


^f3.


STATE OF MINNESOTA)COUNTY OF MARTIN ) SS:CITY OF FAIRMONT )

RESOLUTION APPROVING PLANS AND SPECIFICATIONSAND ORDERING ADVERTISEMENT FOR BIDS

2019-C IMPROVEMENT CONTRACTRESURFACE & OVERLAY PROJECTS

WHEREAS^ the City Engineer arranged for the preparation of Plans and Specificationsfor the construction of:

DESCRIPTION OF WORK: The work includes the construction of approximately:

1900 C.Y. COMMON EXCAVATION 1350 TON AGGREGATE BASE CLASS 5

2000 TON SELECT GRANULAR BORROW 3000 S.Y. BITUM!NOUS RECLAMATION

10000 S.Y. MILL BiTUMJNOUS PAVING 2600 TON BITUMINOUS PAVEMENT

2000 LF. 4" PERFORATED PE PIPE DRAIN 950 L.F. STORM SEWER 12"-1S"

2200 L.F. CONCRETE CURB AND GUTTER 1400 S.F. CONCRETE SIDEWALK

and has presented such Plans and Specifications to the Council for approval;


1. Such Plans and Specifications, a copy of which is attached hereto and made a part

hereof, are hereby approved.

2. The City Clerk shall prepare and cause to be inserted in the official paper, on

Quest CDN, and on the City ofFairmont website (www.fairmont.org) if the

estimated construction cost exceeds $175,000, an advertisement for bids upon the

making of such improvement under such approved Plans and Specifications. The

advertisement shall be published for one day, shall specify the work to be doneand shall state that bids will be opened on June 6, 2019 at 10:00 a.m. Any bidderwhose responsibility is questioned during consideration of the bid will be given anopportunity to address the Council on the issue of responsibility. No bids will beconsidered unless sealed and filed with the clerk and accompanied by a bid bond

or certified check payable to the Clerk for five (5) percent of the amount of suchbid. The bids will be tabulated at that time and will be considered by the City

w

Council at a regular scheduled meeting to be held after review by the CityEngineer of the lowest responsible responsive bidder's bid documents.


ADOPTED by the Council this 13th day of May 2019.


ATTEST:


(SEAL)

^5.

CITY OF FAIRMONT—-AGENDA CONTROL SHEET-—AGENDA ITEM NO. 15.8


SUBJECT: Separation and Release Agreement with City Attorney

REVIEWED BY: Mike Humpal, CEcD, City Administrator ^v


Petition Board Staff x Council Commission Committee


INTRODUCED BY: Mike Humpal, CEcD, City Admimstrator

COUNCIL LIAISON:

TYPE OF ACTION:



(Introduction only)Ordinance 2nd Reading(Roll call)



Discussion

Information Only



Issuance

Denial

Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The City Council and City Attorney Elizabeth Bloomquist mutually feel that itis in the best interests of each party that Elizabeth Bloomquist amicably separate from

employment with the city.

MOTION: To authorize the Mayor and City Clerk to sign a Separation and Release Agreement

between the City and Elizabeth Bloomquist.


ATTACHMENTS:1.

2.

3.


%.

CITY OF FAIRMONT-—AGENDA CONTROL SHEET-—AGENDA ITEM NO. 15.9


SUBJECT: Criminal Prosecution. I

REVIEWED BY: Mike Humpal, CEcD, City Administrator y'





COUNCIL LIAISON:

TYPE OF ACTION:



(Introduction only)Ordinance 2nd Reading

(Roll call)



Discussion

Information Only



Issuance

Denial

Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: Recent discussions concerning the current city legal services and the impact ofthose discussion may require immediate need for the County Attorney's Office to take on City

Prosecution.

MOTION: To hire the County Attorney's Office to take over criminal matters immediately.


ATTACHMENTS:1.

2.

3.


^7

CITY OF FAIRMONT—AGENDA CONTROL SHEET-—AGENDA ITEM NO. 15.10


SUBJECT: Interim Legal ServicesI . -'

REVIEWED BY: Mike Humpal, CEcD, City Administrator •,f-it




INTRODUCED BY: Mike Humpal, CEcD, City Administmtor

COUNCIL LIAISON:

TYPE OF ACTION:


Ordinance 1st Reading(Introduction only)Ordinance 2nd Reading(Roll call)



Discussion

Information Only



Issuance

Denial

Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: Recent discussions concerning how the current city legal services are provided

and the impact of those discussions will require the city to identify interim legal services. If thecouncil authorizes, an effort will be made to submit legal services proposals to the City Council

at their next meeting.

MOTION: To authorize Councilor Hawkins and another Councilor of his choosing to: a. solicita proposal from the County Attorney's Office to take over criminal legal services on an interim

basis, and b. solicit letters of interest from area attorneys for interim civil legal services.


ATTACHMENTS:1.


?r

CITY OF FAIRMONT-—AGENDA CONTROL SHEET—AGENDA ITEM NO. 15.11


SUBJECT: Advertise for Bids for 2019-B Construction Project

REVIEWED BY: Mike Humpal, CEcD, City Administrator





COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading

(Roll call)


Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The plans and specifications for the 2019-B Improvement Project are ready for

bid. This improvement consists of reconstruction ofWinnebago Avenue from TH 15 east to the

end of the existing pavement, as outlined in the 2019 Improvement Program. The Council mustpass a resolution authorizing the publication of this project. If the resolution is approved the bid

opening for this project would be June 5, 2019 at 10:00 a.m. at City Hall.

MOTION: To adopt Resolution 2019-22 approving advertising of the 2019-B ConstructionProject.



2.


^.




2019-B IMPROVEMENT CONTRACTRECONSTRUCTION OF WINNEBAGO AVENUE

SAP 123-105-005

WHEREAS, the City Engineer arranged for the preparation of Plans and Specificationsfor the construction of:

DESCRIPTION OF WORK: The work indudes the construction of approximately:

12,500 C.Y. COMMON EXCAVATION 3/100 TON AGGREGATE BASE CLASS 5

10,000 TON SELECT GRANULAR BORROW 8,200 S.Y. REMOVE CONCRETE PAVEMENT

1,900 L.F, 12"PVCWATERMAIN 10/500 S.Y. 8" CONCRETE PAVEMENT

1,500 S.Y. SODDING 2/700 LF. STORM SEWER 12/'-30"

4,900 L.F. CONCRETE CURB AND GUTTER 8,800 S.F. CONCRETE SIDEWALK






Quest CDN, and on the City ofFairmont website (www.fairmont.org) if the



advertisement shall be published for one day, shall specify the work to be doneand shall state that bids will be opened on June 5, 2019 at 10:00 a.m. Any bidderwhose responsibility is questioned during consideration of the bid will be given anopportunity to address the Council on the issue of responsibility. No bids will beconsidered unless sealed and filed with the clerk and accompanied by a bid bond

or certified check payable to the Clerk for five (5) percent of the amount of such

100.

bid. The bids will be tabulated at that time and will be considered by the CityCouncil at a regular scheduled meeting to be held after review by the CityEngineer of the lowest responsible responsive bidder's bid documents.




ATTEST:


(SEAL)

(Of.



SUBJECT: Advertise for Bids for Fairmont Municipal Airport 7-Unit T-Hangar

REVIEWED BY: Mike Humpal, CEcD, City Administrator ^--





COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1 Reading


(Roll call)


Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The plans and specifications for the Fairmont Municipal Airport 7-Unit T-

Hangar are ready for bid. The Council must pass a resolution authorizing the publication of this

project. If the resolution is approved the bid opening for this project would be June 21, 2019 at

11:00a.m. at City Hall.

MOTION: To adopt Resolution 2019-23 approving advertising of the Fairmont Municipal

Airport 7-Unit T-Hangar.



2.





FAIRMONT MUNICIPAL AIRPORTAIP NO. 3-27-0029-017-2019

WHEREAS, the City Engineer arranged for the preparation of Plans and Specifications

for the construction of:

7-Unit T-Hangar






Quest CDN, and on the City ofFairmont website (www.fainnont.org) if the



advertisement shall be published for one day, shall specify the work to be done

and shall state that bids will be opened on June 21, 2019 at 11:00 a.m. Any

bidder whose responsibility is questioned during consideration of the bid will begiven an opportunity to address the Council on the issue of responsibility. No

bids will be considered unless sealed and filed with the clerk and accompanied by

a bid bond or certified check payable to the Clerk for five (5) percent of theamount of such bid. The bids will be tabulated at that time and will beconsidered by the City Council at a regular scheduled meeting to be held after

review by the City Engineer of the lowest responsible responsive bidder's bid

documents.

Motion by:Seconded by:

All in favor:

Opposed:Abstained:

Absent:



ATTEST:


(SEAL)



SUBJECT: Recall Petition Memo

REVIEWED BY: Mike Humpal, CEcD, City AdministratoT





COUNCIL LIAISON:

TYPE OF ACTION:




(Roll call)

Resolution (Roll Call)

Set Public Hearing (Motion)

Hold Public Hearing(IVIotion to close)

Discussion

Information Only



Issuance

Denial

Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: A group of citizens formed a recall petition committee and submitted

paperwork to the City Clerk to begin the process. Staff had several questions on the process and

in order to inform the City Council and citizen group correctly, City Staff asked Robert T. Scott

with Flaherty and Hood to address these questions. Attorney Scott sent an attorney client

privileged memo addressing the questions. To make the memo public, the City Council must

vote to waive privilege on the memo.

MOTION: Motion to waive privilege on a summary memorandum and original full review

memorandum concerning the recall process questions from Attorney Robert Scott.


ATTACHMENTS:1.
