5.3. SR 11-06-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration November 6, 2006
Item Description
ECONAR Acce tance of Conditions
Administrator
Introduction
On October 26 Bill Maertz conveyed to ECONAR the City Council and Library Board's responses to the
stipulations for acceptance of ECONAR's contribution to the Library project. ECONAR's president,
Mr. Del Overholser's response, which was received on November 2, is attached.
Discussion
As of the writing of this memo, the cost reduction in the project for this contribution has not been
identified. The architects have indicated that there will not be additional design or construction costs
related to accepting the donation from ECONAR. Mr. Overholser's letter provides comments on the
requested changes to the conditions of acceptance.
Financial Impact
Attachments
· Letter from Mr. Del Overholser, President, CEO, ECONAR
· Memo from Mr. Bill Maertz
Action Requested
The Council is asked to consider acceptance of contribution from ECONAR based on Mr. Overholser's
letter responding to the conditions and that the warranty be the same as specified in the bid documents.
Council Action
Motion by _
Second by _
Vote
Follow Up
C: \Documents and Settings \ tallard\Local Settings \ Temporary Internet Files \ OLKF\ECONAR.doc
ColdClimate™ Geothennal Heat Pumps
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October 31, 2006
ECOIAR~
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Sales: 1-800-4-ECONAR
Tech: 1-800-418-TECH
Corporate Offices:
19230 Evans St, Elk River, MN 55330
(763) 241-311 0 fax (763) 241-3111
Manufacturin~ Plant:
33 West Veum, Apjlet. on, MN 56208
(320) 289-1403 jax(320) 289-1440
Mayor and City Council of The City of Elk River
Library Board
City Administrator
City Attorney
Director of Parks and Recreation
Re: ECONAR donation.
First of all, thank you. I've been out of town and only recently did I get a chance to view your
last council meeting. You have all put forth a great deal of time and energy in your consideration
of my offer to donate ECONAR geothermal heat pumps for the new public library project. I
appreciate the time you have spent.
Following this letter is some background information for your review that might help you better
understand why this became an issue at all. You will find that ECONAR was not late in its
attempts or at "the eleventh hour" at all on its own accords. It's how the process works and, as
Louise Kuester stated, not very transparent.
With my proposal, I set out to accomplish a number of tasks. They are listed in the same order as
my proposal as follows:
My first goal was to provide some oversight to the geothermal design of the library. No, I wasn't
asked to do that but my firm has more geothermal expertise than anyone in the five state area and
questions of the design now might avoid larger problems down the road. This is not a slam on
the engineer; we are just more experienced with geothermal, plain and simple. Since I would be
donating the equipment I no longer would have a conflict of interest, only the desire of a
successful project. However, since the geothermal heat pumps need to be handled as a deduct
and not a re-bid, this oversight will not be possible. Hopefully it isn't needed.
Second; I wanted to inform and educate area residents and businesses on the merits of
geothermal technology, a renewable energy source very few are aware of or understand.
Although ECONAR has many geothermal installations none of them offer explanation to the
building users. Most don't even know it's there. What better place to learn than the library? My
reference to permanent meant not a one-day temporary display, but rather something well done
and professionally matched with the building, not an advertisement. Since discussion has now
surfaced that such a display will be created I'm satisfied this goal will be met.
Page 2
Third; ECONAR has introduced Elk River and Energy City to engineers, architects and
contractors form around the world. They travel a great distance and expect to see completed
projects. I want to put our best foot forward and show off Elk River. Touring some facilities can
be difficult. Because ofthe libraries' hours of operation it will be more conducive to outside
tours on occasion than other buildings. You will find ECONAR staff to be very courteous and
the visitors very appreciative.
Fourth; the new libraries meeting room is an excellent setting for some ofthe training sessions
ECONAR conducts. I want access to utilize that space for training scheduled well in advance but
do not expect anymore than any other citizen. The problem I have is that many of us within Elk
River do not have that access. Library personnel are telling me that only non-profits can use the
space. That is public space and should be available to all. Granting me access subject to the
Current Use Policy does not provide me use ofthe room.
Fifth and last; the longer-term commitment to reference ECONAR in future correspondence. I
did not convey what I was hoping for very well. What I desired was that after the press release
was well behind us, the reference in the future might sound more like this " the ECONAR
geothermal system. . . " when geothermal was referenced. This is similar to references such as
"the Apple computers in the media center" or "the Caterpillar diesel generator at the landfill".
We hear such references all the time. I do acknowledge the additional burden to staff of
managing such a commitment. I'm very happy with the Councils' offer to include ECONAR on
the dedication plague, thank you. As one last note- Mayor Klinzing pronounces ECONAR
correctly. ECONAR is an acronym for Earth's Concentrated Solar and should always be in all-
uppercase.
With my above comments I hereby agree to the changes in conditions you have put forth and
look forward to working with the City of Elk River.
Sincerely,
ECONAR Energy Systems, Corporation
dv/ ~~
Del Overholser
President, CEO
Background of Donation Offer
After a presentation to the Energy City Commissioners by KKE and Karges-
Faulconbridge on May 17,2006 (see attached minutes) commissioner Overholser
swapped business cards with the architect and engineer present. She (commissioner
Overholser) lobbied for the use of geothermal heat pumps and a design built on
ECONAR Cold-Climate equipment.
Numerous phone calls were placed after that date to the engineering firm by both Bob
Donley and Mark Kennedy of ECONAR indicating support of the project and offering
their assistance. None was ever requested.
The design process, simply put, means the design engineer creates a design of a system
that he/she feels is right for the application. The engineer receives feedback from the
architect and owner and then completes the design. The engineer sometimes utilizes the
services of manufacturers of selected components but many times has little contact with
them.
Even though the final design was completed by the end of July, ECONAR could not find
out if they were being specified or even listed as an or-equal until the bid documents were
released. The first bid documents received by a bidder was on September 19 (seven
bidders received their set that day). ECONAR received a set on Thursday September 28
(along with five other bidders). Thirty-five more bidders received documents after the
28th. Twelve bidders received documents on October 4. In all, seventy-four documents
were issued to bidders. ECONAR was in the middle of the receiving time frame. Upon
review of the documents it was clear that ECONAR was non-existent in the design and
furthermore, non-geothermal products were listed and several other errors were noted.
Contact was made to Karges-Faulconbridge to make them aware of the errors ECONAR
noted and to request ECONAR be added. The project engineer indicated ECONAR
would now need to submit its own data at the conditions set forth in the current design
however felt there wasn't any reason ECONAR wouldn't be accepted.
During the design process of the Public Safety Building ECONAR was told by the
mechanical design firm on that project that ECONAR would not only be included but that
its products were being specified. It was not known until the release of the bid documents
that ECONAR was excluded. The design firm stated that a change to a Florida Heat
Pump (FHP) based design with a gas supplement was made near the end. Since a similar
pattern was now emerging with the Library project a decision was made to put forth an
offer to the city in the way of product donation.
In no way was ECONAR negligent in its efforts to have its products incorporated in
either the Public Safety Building or the Library. In both cases ECONAR took the
expected steps and followed industry protocol.
,
ECONAR is not an unknown manufacturer. It is a key player in the geothermal industry
and has produced over 16,000 geothermal heat pumps worldwide. It offers products with
unit capacities of 1 '12 tons thru 30 tons. The larger 30-ton units have been operational in
installations for more than seven years. The Library specifies 20-ton units. Because of
ECONAR's reputation in the industry, eight bidders contacted ECONAR for a
geothermal bid after they saw geothermal was being installed in Energy City,
ECONAR's hometown. Although ECONAR has more geothermal applications of its
products in Minnesota then all the manufacturers on the approved list combined, it was
likely excluded from the Library design because the engineer wasn't familiar with
ECONAR's range of products or hadn't any personal experience with them.
The design process is difficult for ECONAR to affect. It can only offer support for the
project and then hope its products are specified and when they are not, move on. Not
being specified or not being listed does not imply an incompatible product or a bad
design. It only implies that the engineer was more familiar with another product or the
owner didn't suggest a desired product.
From ECONAR's point of view, the Library is considered a small project. The city
council seems to have been influenced that it may be too big for ECONAR or that
ECONAR has not done this type of project before. Please review the attached sampling
of domestic commercial geothermal projects to ease those concerns. Numerous other
commercial projects not on the list also exist such as Great River Energy's office addition
and our own headquarters, an 18,000 sq. ft office building here in Elk River. Also
submitted before the prior approved equal date, along with ECONAR's data requested by
the engineer, was ECONAR's commercial warranty, which generously exceeds the plan
requirements. If parts were needed, I would hope you would prefer to deal with a
manufacturer in Minnesota to one in Florida.
The following is a listing provided to me by ECONAR's commercial applications
manager in chronological order of events that transpired after the bid documents were
received and before bid date. It is apparent from the following that ECONAR met the
requirements and was given the impression it would be allowed to bid.
Del,
Here are my thoughts on the time line.
Oct. 2nd (late Monday)
Received a fax from Chris Nelson (Karges-Faulconbridge) with a fax time stamp from their office
of 16:22 (4:22) PM but dated Friday. The fax was the project heat pump schedule showing the
FHP. The fax was the official request to select and submit a comparable ECONAR (20-ton).
Oct. 3 rd
Talked with Dale Mueller about the 20-ton Ultra. Dale started preparing the needed engineering
performance data.
I called Chris Nelson and told him the ECONAR heat pump will have the same performance as
the selected FHP. I told him it looks like FHP is using the same Copeland scroll compressor that
2
\
ECONAR uses. I gave him the dimensions. Our unit has a slightly smaller overall footprint than
the FHP (2" wider, 4" shallower, 15" shorter). That seemed to be OK with Chris. Chris
seemed very positive about ECONAR.
Lori Johnson called and asked that I attend a meeting on Oct. 5th in the PM. The meeting was to
be with her, KKE, Karges and myself. The purpose of the meeting was to determine if the
ECONAR equipment was comparable to FHP. Lori said if ECONAR and Karges could effectively
communicate prior to the meeting then the meeting did not need to happen.
Oct. 4th
Continued talking with Chris Nelson. I told him ECONAR had successfully been making its new
Ultra line it would like to use in the Library for about 3 years. I told him we had supplied heat
pumps to many projects, some very large. He continued to be positive. I asked Chris why they did
not consider ECONAR to start with - he said Karges did not believe we had these large of
systems.
Oct. 5th Early AM
Submitted the requested engineering data to Chris Nelson. I was told the last Addendum needed
to go out on by the end of the day on the 5th. It seemed Chris had everything he needed to
accept ECONAR as an equal. Chris was very positive that ECONAR would be listed.
Lori Johnson called and told me the meeting was cancelled.
Oct. 6th
Addendum #2 was received but ECONAR was not listed. The errors we commented on were.
I called Chris. He said they decided not to include ECONAR. He apologized but would not give
me a reason. Since I felt I was most likely going to be working with Karges in the future I did want
to be too difficult.
I also received the following email from KKE.
-----Original Message-----
From: Jennifer Anderson-Tuttle [mailto:jtuttle@kke.com]
Sent: Friday, October 06, 2006 6:07 AM
To: Bob Donley; cdnelson@kfi-eng.com
Cc: rpchristenson@kfi-eng.com
Subject: Re: RE: Elk River Library (Request for additional information)
Bob,
Thank you for taking the time to communicate directly with us on this issue. Providing
the information for us to review is the appropriate process. After the requested
information has been provided our engineers will be able to advise the owner.
Thank you,
Jennifer Anderson-Tuttle, Associate
KKE Architects, Inc.
jtuttle@kke.com
On Monday October 9, 2006 8 mechanical firms requesting a bid of our products contacted
ECONAR. Many had installed ECONAR products before. By process, ECONAR was not allowed
to bid.
Bob Donley
3
Listing of ECONAR Commercial Projects
Carleton Co. Maintenance Facility
Year installed 2004
Application Business Offices
Heat Pumps 14 forced air units
34 tons
Stack Bros., Superior WI
7153982964
Horizontal
Cain Ouse, St. Paul
651 4269549
DSGW, Duluth
2187272626
Contractor
Loop Field
Engineer
Arch.
Lewis & Clark Rest Stop
Year installed
Application
Heat Pumps
Contractor
DOT contact
Engineer
Hartley Nature Center
Year installed
Application
Heat Pump
Contractor
Owner Contact
Carleton, Minnesota
Chamberlain, South Dakota
1999
Interstate Hwy. Rest Stop
8 forced air units and 1 domestic hot water
41 tons
Paulson Sheet metal
6059968616
Bob Griffen
605 773 3433
West Plains Eng.
6053348422
Duluth, Minnesota
2002
Nature Center
Radiant floor heating & fan coil cooling
1 hydronic unit
8 tons
Stout Mech.
2187246735
Bill Maier
2187246735
Science Museum of Minnesota - Environmental Exp. Center St Paul, Minnesota
Year Installed 2003
Application Exhibit Building "Net Zero Energy"
Heat Pump One 4-ton Invision
High efficiency dual compressor heat pump
Vertical
Patrick Hamilton
651 221 4761
Loop Field
Owner contact
Namadji Research Office Bldg.
Year installed 2002
Application Office - retrofit of a school
Computer data research
14 forced air units
48 tons
horizontal
Region Air Light Power and Heating
Moose Lake, Minnesota
Ramsey Fire Station
Year Installed
Application
Building Size
Heat Pumps
Loop Field
Owner contact
Engineer
Merrick Companies
Year installed
Building Size
Application
Heat pumps
Owner contact
Loop Field
Heat Pumps
Loop field
Contractor
Hunter Office Bldg.
Year installed
Building Size
Application
Heat Pumps
Loop Field
Owner contact
Brixon Mfg
Year installed
Building Size
Application
Heat Pumps
Loop field
Owner contact
Ramsey, Minnesota
2001
City Hall & Fire Station - Business Offices
4,500 SF
5 forced air units
23 tons
Vertical
City of Ramsey, Fire Chief
763427 1410
Emanualson- Podas
Vadnais Heights, Minnesota
2003
50,000 SF - retrofit
Non-Profit: Hiring handicapped for little assembly
23 forced air units
113 Tons
John Barker
651 789 6208
Vertical
Bruno, Minnesota
Brooklyn Park, Minnesota
2001
10,000 SF - retrofit, 2 floors
Office rental space
four 6-ton forced air
Vertical below parking lot
MAE Properties
Craig Hunter
651 6332040
Eagan, Minnesota
2001
20,000 SF
forced air for offices & light manufacturing
10 forced air units
48-tons
Pond loop
Jeff Roberts
651 688 2540
ECONAR Commercial Projects
West River Light & Power
Rapid City, SD
26 tons
The Factory Condo's
South Haven, MI
70 tons
Central Electric Cooperative
Parker, PA
24 tons
Garrison Fish Hatchery
Garrison ND
30 tons
Lincoln Elementary
Minneapolis, MN
677 tons
Furniture & Things
Anoka, MN
150 tons
Woodlands Bank
Onamia, MN
28 tons
Health Quest
Elk River, MN
58 tons
MarTek Manufacturing
Onamia, MN
38 tons
Wahpeton City Hall
Wahpeton, ND
5 tons
St Leo's Catholic Church
Valley City, ND
21 tOllS
Honeywell, Inc.
Minneapolis, MN
26 Tons
Concrete Inc.
Grand Forks, ND
40 tons
Sisseton HS Practice Facility
Sisseton, SD
18 tons
Appleton Library
Appleton, MN
35 tons
Prairie State Bank
Appleton, MN
8 tons
Benson Library
Morris, MN
25 tons
Sisseton HS
Sisseton, SD
21 tons
OtterTail Power Offices
Fergus Falls, MN
150 tons
Assisted Living Center
Gregory, SD
36 tons
River View Offices
Anoka, MN
25 tons
Park Manufacturing
Cambridge, MN
82 tons
JJJ Building
Big Lake, MN
57 tons
Twin Valley Senior Housing
Twin Valley, MN
50 tons
Otsego Elementary
Otsego, MN
300 tons
Becker HS Schools
Becker, MN
423 tons
Becker Middle School
Becker, MN
350 tons
Onamia Elementary
Onamia, MN
230 tons
Energy City Minutes excerpts as relayed by Energy City Commissioner Overholser
January 18,2006
Mayor Klinzing informed the commission that the Elk River Public Library will be
relocating. The proposed location would be across from City Hall. Since the library is a
public building, this is an opportunity for the Energy City Commission to educate,
demonstrate, and promote energy efficiency and renewable energy products in the design
and construction of the building.
MOVED BY COMMISSIONER STOUTENBURG AND SECONDED BY
COMMISSIONER KAMPA STATING ECC WOULD LIKE TO PROVIDE INPUT
ON THE DESIGN AND CONSTRUCTION OF THE NEW ELK RIVER
PUBLIC LIBRARY. MOTION CARRIED 8-0.
March 15, 2006
Bill Maertz, Park and Recreation Director, gave the ECC an update about the City Council's
recommendation to go for the Platinum LEED Certification for the library. There is
currently only one other library in the U.S. with the platinum certification. The discussion of
what is required to make it the platinum level was discussed. The plan is to construct a
16,000 sq ft building with an approximate cost of $3.8 million. The plan is that the building
will be completed constructed in August or September 2007. KKE has been selected as the
architect for this project. Commissioner Rohlf asked what would be done with the current
library. Bill told him that it may be kept for Park and Recreation activities or sold to a
church, or something else. Bill asked if anyone knows of any funding sources for the library
project. Commissioner Rohlf indicated that there are federal tax credits for using
geothermal products in the building.
April 19, 2006
Staff informed the ECC that KKE will be attending the May meeting to get some ideas for
the library to achieve the Platinum LEED certification.
May 17,2006
KKE presentation about Library (KFI representatives were present also).
Jennifer Anderson-Tuttle and Mohammed Lawal were present to discuss the LEED certification
plans(architecture) for the new library. Wallace (Wally) Jensen and Chris Nelson were present from KFI to
discussthe technical aspects of the mechanics and engineering (toward the LEED certification).
Jennifer and Chris gave a presentation of the progress they have made toward the project. Jennifer stated that
the proposed library is attempting to obtain LEED certification at the Platinum level (most prestigious scoring
mechanism). In order for the library to get certified, it needs to score between 52 and 69 points on a scale
which is derived from six categories.
The following is a brief over-view of the six categories, etc. from the presentation:
· Sustainable Sites (14 pts. Possible... trying for 11 pts.)
o Deals with site selection which allows for connection to alternative transportation, public
maintenance, high albedo roof, and reduced site lighting
· Water Efficiency (5 pts. Possible... trying for all five pts.)
o Deals with water efficient landscaping, water use reduction, and innovative wastewater
techniques (i.e. low flow water fixtures)
· Energy and Atmosphere (17 pts possible... trying for 12)
o Deals with heating and cooling of the building using energy efficient systems, renewable
energy, and green power... several options were discussed including (but not limited to) a
dual fuel heating system, fan cooling systems, and energy recovery units
,
o Discussion revolved around pre-tempered air, sub-metering and renewable energy (wind).
Chris stated that no additional, supplemental heat sources will be necessary.
o A side-bar discussion focused upon tax incentives/ credits that might be available to the
City. Tradability of credits was also discussed.
· Materials & Resources (13 pts possible... trying for 10)
o Deals with waste reduction, reuse of materials, and recycling all available products (or
using recycled products) as well as using locally produced, renewable materials. The three
points that the City cannot try to obtain deal with building reuse since this is new
construction.
o Jennifer stated that construction waste management will be built directly into the bid
proposal
· Indoor Environmental Quality (15 pts possible... trying for all 15)
o Deals mainly with ventilation and low VOC emitting materials, but also with lighting
(daylight, shading, etc.) and comfort levels (temps) A comment was made that the shading
will have to be automated or there will likely be problems (since each person perceives things
differently.
· Innovation in Design (5 pts possible... trying for all 5)
o Deals with specific topics regarding design innovation and gives credit for having LEED
accredited professionals (staff) Examples of topics included: public education components,
energy conservation library reference collection, green cleaning contract, City's overall
commitment to energy conservation (energy city, energy commission, etc.)
Jennifer stated that they are still in the schematic design stage of the planning for the library and added (when
asked) that the number of points being proposed may change depending upon feasibility/cost, etc. She stated
that every project that has been proposed has been changed in some way. As a result, they are proposing 58
points (with six points possible for negotiation) to ensure that platinum rating can still be obtained.
July 19, 2006
Mayor Klinzing commented that the final plans for the new library have been submitted. They are not going to
meet the Platinum level for LEED certification. The design was just not conducive to making that level. Gold
or Silver is definitely possible though. A comment was made that LEED certification needs to be pursued with
the new YMCA also. Mayor Klinzing thanked the commission for all their hard work and dedication on these
issues.
October 18, 2006
"'\lthough KKE was on the Agenda, they did not appear.
MEMORANDUM
TO: Mayor and City Council
FROM: Bill Maertz, Parks and Recreation Director
DATE: November 3, 2006
SUBJECT: ECONAR Contribution
A local business, ECONAR, has offered to donate the heat pumps for the new Library
geothermal system. KKE Architects have evaluated the ECONAR heat pumps and believes
they are suitable for the Library project. In addition, KKE Architects have determined that
there would be no additional design fees related to using the ECONAR product.
ECONAR set forth five conditions of acceptance for this donation, see attached. These
conditions were evaluated by the City Council and the City Attorney and they have
suggested the following changes:
1. The public bidding process does not allow the re-bid a specific portion of the design.
A change order specifying ECONAR will work instead of a re-bid. The general
contractor would then need to reduce the project cost by the appropriate amount.
2. An educational display regarding geothermal, will likely be included in the library but
should be generic in nature, not specifically referencing any particular brand.
3. ECONAR would be allowed to conduct tours of the library during regular hours of
operation as long as it does not interfere with normal library operation.
4. ECONAR's use of the public meeting room would be subject to the current use
policy.
5. The City of Elk River would not agree to continually reference ECONAR's donation
in any future correspondence.
On October 25, 2006 the Library Board met and recommended that the ECONAR
donation be accepted with these changed conditions, with the understanding that the
warranty equals the warranty called for in the original specifications. The City Council
indicated that if Econar agrees to these changes in conditions the City would accept this
donation. The City Council indicated that Econar could be included on the wall mounted
building dedication plaque.