cp03-14-23HUTCHINSON CITY COUNCIL
MEETING AGENDA
TUESDAY, MARCH 14, 2023
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many
decisions regarding agenda items are based upon this information as well as: Citypolicy and practices, inputfrom constituents,
and other questions or information that has not yet been presented or discussed regarding an agenda item)
1. CALL MEETING TO ORDER — 5:30 P.M.
(a) Approve the Council agenda and any agenda additions and/or corrections
2. INVOCATION — The River Church Hutchinson
(The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to affiliate the
City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs
expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff)
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
PUBLIC COMMENTS
(This is an opportunity or members o 'the public to address the City Council. If'the topic you would like to discuss is on the
agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a public hearing. Ifyou have
a question, concern or comment, please ask to be recognized by the mayor —state your name and address for the record. Please
keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda
in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of February 28, 2023
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed)
7. APPROVAL OF CONSENT AGENDA
(a) Consideration for Approval of Resolution No. 15575 — Resolution Transferring Funds to the
2022 Construction Fund, General Fund and Capital Projects Fund
(b) Consideration for Approval of Resolution No. 15576 — Resolution Transferring American
Rescue Plan Act Monies to the Capital Projects Fund
(c) Consideration for Approval of Resolution No. 15578 — Amending Resolution No. 15451
Transferring from the Community Improvement Fund to the 2013 Debt Service Fund
(d) Consideration for Approval of Resolution No. 15579 — Resolution Transferring Funds to the
2020 Construction Fund
(e) Consideration for Approval of Resolution No. 15580 - Traffic Control Resolution (No Parking -
Boulder Street/Roberts Road)
CITY COUNCIL AGENDA —March 14, 2023
(f) Consideration for Approval of Items for Alley Improvement Project (Letting No. 3, Project No.
23-03 & 23-04)
1. Resolution No. 15583 - Resolution Declaring Cost to be Assessed and Ordering Preparation
of Proposed Assessment
2. Resolution No. 15584 - Resolution for Hearing on Proposed Assessment
(g) Consideration for Approval of Resolution No. 15587 — Resolution Authorizing an Interfund
Loan from the Downtown Loan Fund for Advance of Certain Costs in Connection with Tax
Increment Financing District No. 4-16
(h) Consideration for Approval of Purchasing Planning and Building Department Software with
Brightly Software, Inc.
(i) Claims, Appropriations and Contract Payments
PUBLIC HEARINGS — 6:00 P.M.
ASSESSMENT HEARING AND PROJECT AWARD FOR 2023 PAVEMENT IMPROVEMENT
PROJECTS (LETTING NO. 2, PROJECT NO. 22-02, 23-02 & 22-03)
(a) Resolution No. 15581 - Resolution Accepting Bid and Awarding Contract
(b) Resolution No. 15582 - Resolution Adopting Assessment
9. UPTOWN GRAND SANITARY SEWER REALIGNMENT (LETTING NO. 5, PROJECT NO. 23-
06)
(a) Resolution No. 15585 - Resolution Ordering Improvement and Preparation of Plans and
Specifications
(b) Resolution No. 15586 - Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids
MMUNICATIONS REQUESTS AND PETITIONS
purpose o this portion o the agenda is to provide the ounci with information necessary to craft wise policy.
rdes items like monthly or annual reports and communications from other entities.)
10. POLICE DEPARTMENT YEAR END REPORT
UNFINISHED BUSINESS
NEW BUSINESS
11. APPROVE/DENY RESOLUTION NO. 15577 — RESOLUTION TRANSFERRING FROM THE
GENERAL AND COMMUNITY IMPROVEMENT FUNDS TO THE CAPITAL PROJECTS
FUND
12. APPROVE/DENY BURICH ARENA — EAST RINK GUTTER/DOWNSPOUT DRAINAGE
PROJECT
13. APPROVE/DENY CITY CENTER PARKING LOT REPLACEMENT
2
CITY COUNCIL AGENDA —March 14, 2023
GOVERNANCE
(T e purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items.)
14. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) Public Arts Commission Minutes from February 8, 2023
MISCELLANEOUS
15. STAFF UPDATES
16. COUNCIL/MAYOR UPDATE
17. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE §13D.05, Subd. 3(c) TO
DISCUSS SALE OF REAL PROPERTY LOCATED AT 715 JEFFERSON STREET SE
ADJOURNMENT
HUTCHINSON CITY COUNCIL
MEETING MINUTES
TUESDAY, FEBRUARY 28, 2023
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many
decisions regarding agenda items are based upon this information as well as: Citypolicy and practices, inputfrom constituents,
and other questions or information that has not yet been presented or discussed regarding an agenda item)
1. CALL MEETING TO ORDER — 5:30 P.M.
Mayor Gary Forcier called the meeting to order. Members present were Dave Sebesta, Chad Czmowski,
Tim Burley and Pat May. Others present were Matt Jaunich, City Administrator and Marc Sebora, City
Attorney.
(a) Approve the Council agenda and any agenda additions and/or corrections
Matt Jaunich, City Administrator, noted that an item needs to be added as 10.5. The item is to
consider authorization to advertise for bids for two airport projects.
Motion by Czmowski, second by Burley, to approve the agenda with the additional item noted.
Motion carried unanimously.
2. INVOCATION — CrossPoint Church
(The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to affiliate the
City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs
expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
PUBLIC COMMENTS
(This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the
agenda, please ask the Mayor if he will be acceptingpublic comments during the agenda item if not a public hearing. Ifyou have
a question, concern or comment, please ask to e recognized by the mayor —state your name and address for the record. Please
keep comments under S minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda
in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals)
5. CITIZENS ADDRESSING THE CITY COUNCIL
Chief Tom Gifferson introduced the force's newest police officer, Eamonn McCormick. Officer
McCormick presented before the Council and provided background information on himself.
6. APPROVAL OF MINUTES
(a) Regular Meeting of February 14, 2023
Motion by May, second by Sebesta, to approve minutes as presented. Motion carried unanimously.
CONSENT AGENDA
(The items iste or consi eration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed)
7. APPROVAL OF CONSENT AGENDA
(a) Consideration for Approval of Memorandum of Agreement with MNPEA — Police Officer's
Union
CITY COUNCIL MINUTES — February 28, 2023
(b) Consideration for Approval of Authorizing Commitment Letter for EV (Electric Vehicle) Smart
Program
(c) Consideration for Approval of Sunsetting the City of Hutchinson's COVID-19 Preparedness Plan
(d) Consideration for Approval of Purchase of 2023 John Deere 6195M Tractor for Creekside
(e) Consideration for Approval of Resolution No. 15571 — Resolution Adopting Findings of Fact
and Reasons for Approval of Conditional Use Permit for Office Space in an
Industrial/Commercial Zoning District Located at 756 Century Avenue SW With Favorable
Planning Commission Recommendation
(f) Claims, Appropriations and Contract Payments
Motion by Czmowski, second by May, to approve consent agenda. Motion carried unanimously.
PUBLIC HEARINGS — 6:00 P.M.
ASSESSMENT HEARING AND PROJECT AWARD FOR ROBERTS ROAD SW PROJECT
(LETTING NO. 1, PROJECT NO. 23-01)
1. Resolution No. 15572 - Resolution Accepting Bid and Awarding Contract
2. Resolution No. 15573 - Resolution Adopting Assessment
Mike Stifter, Public Works Director, presented before the Council. Mr. Stifter explained the Roberts
Road project runs from Alan Street SW to Dale Street SW and includes roadway partial
reconstruction and water utility infrastructure installation by construction of water main, storm
sewer, drain tile, surface reclamation/removal, grading, aggregate base, select granular borrow,
concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. Six
bids were received for the project with the low bidder being identified as R&R Excavating, Inc. with
a bid of $1,543,616.42 which is approximately 15% lower than the engineer's estimate.
No public comments were received.
Motion by Czmowski, second by May, to close public hearing. Motion carried unanimously.
Motion by Czmowski, second by Burley, to approve Resolution Nos. 15572 and 15573. Motion
carried unanimously.
9. ASSESSMENT HEARING FOR JEFFERSON STREET SE PROJECT (LETTING NO. 4,
PROJECT NO. 23-05)
1 _ Resolution No_ 15574 -Resolution Adopting Assessment
Mike Stifter, Public Works Director, presented before the Council. Mr. Stifter explained the
Jefferson Street SE project runs from Airport Road to Edmonton Avenue SE and is being done in
conjunction with McLeod County. McLeod County has not bid out their portion of the project yet
so some of the numbers and information are tentative. The City's project includes roadway partial
reconstruction by construction of storm sewer, drain tile, surface and reclamation/removal, grading,
aggregate base, select granular borrow, concrete curb and gutter, bituminous base, bituminous
surfacing, restoration and appurtenances. Again, this project is contingent upon project approval by
McLeod County.
No public comments were received.
Motion by Czmowski, second by May, to close public hearing. Motion carried unanimously.
2
CITY COUNCIL MINUTES — February 28, 2023
Motion by Czmowski, second by Burley, to approve Resolution No. 15574. Motion carried
unanimously.
Mr. Stifter did mention that there are deferral options available in relation to age, ability and service.
purpose of this portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy.
rdes items like monthly or annual reports and communications from other entities.)
UNFINISHED BUSINESS
NEW BUSINESS
10. APPROVE/DENY RESOLUTION NO. 15570 — RESOLUTION ESTABLISHING RECREATION
PROGRAMMER POSITION AND AMENDING CLASSIFICATION TABLE AND
SEASONAL/TEMPORARY PAY TABLE
Matt Jaunich, City Administrator, informed the Council that two retirements are occurring within
the PRCE Department in March. Because of this, staff is recommending to make some adjustments
to positions and the organizational structure.
Lynn Neumann, Director of PRCE, presented before the Council. Ms. Neumann explained that
John McRaith and Mary Haugen, whom hold significant positions with the department, are retiring
after serving for decades. Ms. Neumann explained that staff is recommending to create the position
of Recreation Programmer, which will be a combination of the current Aquatic Center Manager and
Recreation Services Coordinator and will report to the new position of Recreation Manager.
Therefore, the current position classification table and part time/seasonal/temporary pay scheduled
need to be adjusted for these changes. Mr. Jaunich also noted that a couple of other changes are
being suggested to the position classification table due to a change in duties to a position last year
and a title change for a position within the Parks Department.
Motion by Czmowski, second by May, to approve Resolution No. 15570. Motion carried
unanimously.
10.5 APPROVE/DENY AUTHORIZATION TO ADVERTISE FOR BIDS FOR 2023 AIRPORT
IMPROVEMENTS
John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that there
are two projects being considered at the airport for 2023 — an LED airfield lighting and hangar
construction provided appropriate funding is available. The current runway lighting system was
installed 30 years ago and the intent is to replace the system with an LED system to lower operating
costs and reduce maintenance efforts. The anticipated cost of this project is $900,000 with 90% of
the project being paid with FAA funds, 5% being paid with MnDOT Aeronautics funds and 5% or
approximately $45,000 with City funds. The intent of the hangar construction project is to construct
a multi -bay hangar using allocation of Bipartisan Infrastructure Law (BIL) funding to the airport.
The anticipated cost is $821,200 with $739,000 coming from the BIL funding and 10% or $82,100
being funded by the City.
John Olson explained how and why the City's municipal airport receives funding on an annual basis
from the FAA.
Motion by May, second by Burley, to approve authorizing advertisement for bids for 2023 airport
improvement projects. Motion carried unanimously.
GOVERNANCE
(The purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
CITY COUNCIL MINUTES — February 28, 2023
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items.)
11. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS
�a) Hutchinson Library Board Minutes from November 28, 2022
b) Planning Commission Minutes from December 21, 2022
�c) Hutchinson Housing & Redevelopment Authority Board Minutes from January 17, 2023
d) City of Hutchinson Financial and Investment Reports for January 2023
MISCELLANEOUS
12. STAFF UPDATES
Tom Gifferson — Chief Gifferson explained that the police department is updating the department's
policy and procedure manual. The policy states that the Council must review the manual at Council
meetings and he will be providing more information in Council packets in the near future. The plan is
to review the manual in 25% increments.
Matt Jaunich — Mr. Jaunich reminded the negotiating committee that the labor negotiation meeting with
the sergeant's union is scheduled for this Friday at City Center.
13. COUNCIL/MAYOR UPDATE
ADJOURNMENT
Motion by Czmowski, second by Burley, to adjourn at 6:10 p.m. Motion carried unanimously.
F1
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Resolution 15575 Transferring Funds to the 2022 Construction Fund, General Fund
Agenda Item: and Capital Projects Fund
Department: Finance
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑�
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
This resolution identifies the transfers of monies related to the 2022 Pavement Management
Program on streets to the west of Linden Park/Rec Center.
1) Transfers from the Water, Wastewater and Storm Water funds to the 2022 construction fund
to finance a portion of the project costs related to enterprise fund infrastructure installed during
the improvement projects. These enterprise fund contributions to the project costs help to keep
our debt tax levy at a manageable level.
2) Transfers from the 2022 construction fund to the general fund to cover budgeted operating
expenses for engineering services and project administration.
3) A transfer from the 2022 construction fund to the capital projects fund for future
comprehensive plan updates and other city infrastructure planning needs.
All transfers in this resolution are effective for the 2022 fiscal year.
BOARD ACTION REQUESTED:
Approve resolution 15575
Fiscal Impact: Funding Source:
FTE Impact: Budget Change:
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
CITY OF HUTCHINSON
RESOLUTION NO. 15575
TRANSFERRING FROM WATER, WASTEWATER, STORM WATER FUNDS
TO THE 2022 IMPROVEMENT BOND CONSTRUCTION FUND
FOR INFRASTRUCTURE FUNDING
AND
FROM THE 2022 IMPROVEMENT BOND CONSTRUCTION FUND
TO THE GENERAL FUND & CAPITAL PROJECTS FUNDS
FOR ENGINEERING AND PROJECT ADMINISTRATION FEES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT, $208,836 is hereby transferred from the Water Fund to the 2022 Construction Fund.
THAT, $108,893 is hereby transferred from the Wastewater Fund to the 2022 Construction
THAT, $682,818 is hereby transferred from the Stormwater Fund to the 2022 Construction Fund.
THAT, $365,000 is hereby transferred from the 2022 Construction Fund to the General Fund
for Engineering Fees.
THAT, $73,971 is hereby transferred from the 2022 Construction Fund to the General Fund
for Project Administration Fees.
THAT, $73,971 is hereby transferred from the 2022 Construction Fund to the Capital Projects
for the purpose of Comprehensive Planning and other planning needs.
THAT, said transfers are hereby effective and apply to the 2022 fiscal year.
Adopted by the City Council this 14th day of March 2023.
ATTESTED:
Matthew Jaunich
City Administrator
Gary T. Forcier
Mayor
c HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Resolution #15576 Transferring ARPA Monies to the Capital Projects Fund
Agenda Item:
Department: Finance
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 1
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
On June 28, 2022, City council approved the HVAC replacement project at the Civic Arena by
accepting the low bid of $763,270. The City's ARPA monies were identified as the funding
source for the project.
As the resolution states, the City received $1,528,094 of American Rescue Plan Act (ARPA)
monies. City council has informally allocated $1,420,507 of ARPA funds to the following three
projects:
$763,270 for the HVAC replacement project
$157,237 for the Video Surveillance project at various city facilities
$500,000 for the EDA's Franklin Street development project
This resolution authorizes the transfer of ARPA monies in an amount not to exceed $763,270 to
cover the HVAC replacement costs. Since the HVAC project is occurring over the two years
(2022 & 2023), the transfer will be done in two phases. A transfer of $339,379 is effective for
2022 to fund project costs paid in that year. The final transfer not to exceed $423,891 will occur
in 2023 as the final project costs are paid.
The transfers are between the City's COVID Relief Fund where the ARPA monies were recorded
and the Capital Projects Fund where the HVAC project costs are recorded.
BOARD ACTION REQUESTED:
Approve Resolution #15576
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
CITY OF HUTCHINSON
RESOLUTION NO. 15576
TRANSFERRING AMERICAN RESCUE PLAN ACT MONIES
TO THE CAPITAL PROJECTS FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 ("ARPA")
which included $65 billion in COVID-19 pandemic recovery funds for the cities across
the country.
WHEREAS, $1,528,094 has been allocated to the City oif Hutchinson ("City") pursuant
to the ARPA.
WHEREAS, the City has formally accepted the ARPA funds using the U.S. Department
of Treasury's standard allowance available under the revenue loss provision of the
ARPA, to be used for the general provision of government services.
WHEREAS, the City has informally assigned $763,270 of the ARPA funds to the HVAC
replacement project ("Project") at the City's Civic Arena.
WHEREAS, the City's Capital Projects fund has incurred $339,379 of Project costs in
2022 with the completion to occur in 2023.
NOW, THEREFORE, be it resolved that the City Council of Hutchinson, Minnesota,
approves a transfer of ARPA monies to the Capital Projects fund in an amount not to
exceed $763,270; and
THAT, said transfer of monies is to be completed over two fiscal years, with $339,379
effective for the 2022 fiscal year and the balance of up to $423,891 is effective for the
2023 fiscal year.
Adopted by the City Council this 14th day of March 2023.
ATTESTED:
Matthew Jaunich
City Administrator
Gary T. Forcier
Mayor
American Rescue Plan Act of 2021 (ARPA)
City of Hutchinson
Hutchinson's ARPA Funds: $1,528,093.53
Date
Description
07/28/2021
1 st ARPA funds received
11 /22/2021
Add'I ARPA funds received
07/01/2022
Final ARPA funds received
Civic Arena HVAC project
General Fund Security Project
EDA Development Project
Revenue
$739,819.71
$24,227.06
$764,046.76
Expense
Reserve
$763,270.00
$157,237.00
$500,000.00
Balance
Totals $1,528,093.53 $1,420,507.00 $107,586.53
c HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Amending Resolution 15451 Transferring from the Community Improvement Fund
Agenda Item: to the 2013 Debt Service Fund
Department: Finance
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 1
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
In 2018, the City committed $3,000,000 of Community Improvement fund monies toward the
financing of the new police station. As the project progressed, it was decided that it was
financially beneficial to use a portion of the $31VI to pay off existing debt that had higher interest
rates than the interest on the new PD debt.
In 2022, a resolution was approved to use $501,153.85 of the $31VI for the early retirement of the
2013 debt. Since that time, Finance has analyzed the City's other debt funds and determined
that approximately $450,000 of surplus debt service funds could be dedicated to the 2013 early
retirement. This would result in only $51,153.85 needed from the Community Improvement fund
towards the early retirement, allowing the City to dedicate the remaining $450,000 to the PD
project financing due to cost overruns.
Finance recommends this action, however, I must point out one downside. These surplus debt
service funds were being used to lower future debt tax levies. Redirecting these funds to pay off
the 2013 debt will result in a slightly higher debt tax levy in future years (approximately 1.3%
increase). But considering that the City's reserve funds are taking a major hit with the PD project
in addition to the Civic Arena's roof project ($1.3M of reserves needed), I believe that it's best to
retain the $450,000 for our reserves at the cost of a slightly higher debt tax levy.
I've attached a graph showing the planned impact to our Debt Tax levy due to this action.
BOARD ACTION REQUESTED:
Approve Resolution #15578
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
CITY OF HUTCHINSON
RESOLUTION NO. 15578
AMENDING RESOLUTION 15451
TRANSFERRING FROM COMMUNITY IMPROVEMENT FUND
TO THE 2013 DEBT SERVICE FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
WHEREAS, the City Council of Hutchinson, Minnesota, with Resolution No. 14922,
committed $3,000,000 of Community Improvement fund balance for the purpose of
funding a new police facility; and
WHEREAS, the City Council of Hutchinson, Minnesota, with Resolution No. 15324,
modified the purpose of the $3,000,000 committed fund balance to include the early
retirement of existing debt; and
WHEREAS, the City Council approved the 2021 transfer of $903,781.15 to early retire
the 2009 through 2012 debt service funds; and
WHEREAS, the City Council approved the 2022 transfer of $501,153.85 from the
Community Improvement fund for the early retirement of the 2013 debt service fund,
with resolution #15451 on April 26, 2022; and
WHEREAS, surplus debt service funds have been identified that may reduce the 2022
transfer below the approved amount of $501,153.85.
NOW, THEREFORE, be it resolved that the City Council of Hutchinson, Minnesota,
amends resolution #15451 to provide that the 2022 transfer shall be in an amount not to
exceed $501,153.85.
Adopted by the City Council this 14th day of March 2023.
ATTESTED:
Matthew Jaunich
City Administrator
Gary T. Forcier
Mayor
Debt Levy Plan
Debt Tax Levy Plan
Levy Year
Current
Proposed *
Increase
% Incr
2023
$2,409,579
$2,409,579
$0
2024
$2,454,455
$2,487,455
$33,000
1.3%
2025
$2,479,813
$2,512,813
$33,000
1.3%
2026
$2,611,254
$2,644,254
$33,000
1.3%
2027
$2,721,467
$2,754,467
$33,000
1.2%
2028
$2,803,114
$2,836,114
$33,000
1.2%
2029
$2,892,315
$2,925,315
$33,000
1.1 %
2030
$2,947,255
$2,980,255
$33,000
1.1 %
2031
$2,984,829
$3,012,829
$28,000
0.9%
2032
$3,026,204
$3,048,204
$22,000
0.7%
2033
$3,022,630
$3,029,630
$7,000
0.2%
2034
$3,041,649
$3,048,649
$7,000
0.2%
2035
$3,047,735
$3,049,735
$2,000
0.1 %
Proposal is to use $450,000 of debt fund reserves for the early
retirement of the 2013 debt rather than Community Improvement
reserves.
This will provide $450,000 of Community Improvement reserves to
be used for the Police Facility project.
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Resolution 15579 Transferring Funds to the 2020 Construction Fund
Agenda Item:
Department: Finance
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑�
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The projects related to the 2020 Construction fund are complete. Cost overruns with the
South -Central Drainage Improvement Phase II project have created an $89,002.23 cash deficit
within this fund that must be funded in order to close the fund. This project specifically
addressed the streets to the east of the Linden Park retention pond, with stormwater
infrastructure necessary to connect to the pond, along with other roadway improvements.
The Stormwater fund should transfer $89,002.23 into the 2020 Construction fund in order to
address the deficit.
The Main Street / Highway 15 street reconstruction project was also over budget with a cash
deficit of $60,493.76. Bonding dollars and Special Assessments were insufficient to cover the
actual costs. The funding source identified to address this deficit is the Miscellaneous
Infrastructure Maintenance fund that resides within the Capital Projects fund. This fund receives
$400,000 of LGA annually for various maintenance and improvement efforts to city infrastructure.
This is a logical source to cover any shortfalls in roadway projects.
In summary, the following transfers are requested to be approved with this resolution:
$89,002.23 from the Stormwater fund into the 2020 Construction fund.
$60,493.76 from the Capital Projects fund (Misc Infrastructure Maint) into the
2020 Construction fund.
BOARD ACTION REQUESTED:
Approve resolution 15579
Fiscal Impact: Funding Source:
FTE Impact: Budget Change:
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
CITY OF HUTCHINSON
RESOLUTION NO. 15579
TRANSFERRING FROM THE STORMWATER AND CAPITAL PROJECTS FUNDS
TO THE 2020 CONSTRUCTION FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
WHEREAS, the 2020 Construction fund projects are complete but incurred cost overruns that
created a cash deficit that must be funded in order to close the fund;
NOW, THEREFORE, be it resolved that the City Council of Hutchinson, Minnesota approves the
transfers shown below, effective December 31, 2022, to fund the 2020 Construction fund deficit.
$89,002.23 Stormwater fund
$60,493.76 Capital Projects fund (Miscellaneous Infrastructure Maintenance fund)
Adopted by the City Council this 14th day of March 2023.
ATTESTED:
Matthew Jaunich
City Administrator
Gary T. Forcier
Mayor
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Traffic Control Resolution No. 15580
Agenda Item:
Department: PW/Eng
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
To facilitate safer turning movements at the intersection of Boulder St SW and Roberts Rd SW, it
is recommended that parking be restricted north of the intersection on both sides of Boulder St
SW, for a distance of approximately 45 feet on the east side and 30 feet on the west side.
These parking restrictions will result in safer turning movements at the intersection of Boulder St
SW and Roberts Rd SW, an intersection that is very busy when there are events held at the high
school.
BOARD ACTION REQUESTED:
Consideration of approving Traffic Control Resolution No. 15580
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: New Bu
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source: N/A
RESOLUTION NO. 15580
RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
1. WHERAS, the City of Hutchinson is proceeding with a proposed improvement on Roberts Rd
SW (Alan St SW to Dale St SW), and;
2. WHEREAS, the Police Chief, Public Works Director and Public Works Manager agree that the
following areas have traffic control concerns which warrant installation and/or removal of traffic
control devices, and;
3. WHEREAS, the Hutchinson City Council has the authority to establish locations as points where
traffic control devices shall be installed and/or removed, pursuant to Section 7.04, Subdivision 1
of the Hutchinson City Code, and;
4. WHEREAS, during times when vehicles are parked on both sides of Boulder St SW, it is
dangerous for traffic turning onto Boulder St SW or onto Roberts Rd SW. Vehicles are often
parked on both sides in this vicinity when there are events held at the high school. Installation of
No Parking -Here to Corner on the both sides of Boulder St SW, north of Roberts Rd SW for 30-
45 feet will more safely accommodate traffic at this intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
That the Council hereby establishes the following traffic control devices shall be erected:
1. "No Parking — Here to Corner" for northbound traffic on the east side of Boulder St SW from
its intersection with Roberts Rd St SW, north for a distance of approximately 45 feet and for
southbound traffic on the west side of Boulder St SW from its intersection with Roberts Rd SW,
north for a distance of approximately 30 feet.
Adopted by the City Council this 14th day of March, 2023.
Gary Forcier, Mayor
ATTEST:
Matt Jaunich, City Administrator
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Items for Alley Improvments (1-3/P23-03 & 23-04)
Agenda Item:
Department: PW/Eng
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Mike Stifter
Agenda Item Type:
Presenter: Mike Stifter
Reviewed by Staff ❑�
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff requests that the City Council approve the appropriate Resolutions to set the
Assessment Hearing and potential Project Award for the above referenced letting at their March
28th meeting. Construction bids were received on Wednesday, March 8th.
Please note that the estimated construction costs and potential funding options will be reviewed
by the Resource Allocation Committee at their upcoming meeting. Also, City staff has had
ongoing communications with adjacent property owners in regards to the proposed project
improvements and estimated improvement special assessment amounts throughout the project
development process.
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320-234-4209
BID TABULATION - CITY OF HUTCHINSON
LETTING NO. 3/PROJECT NO. 23-03 & 23-04
Alley Improvement Projects
BID OPENING: 03/08/2023 @ 11:00 AM ENGINEER'S ESTIMATE $278,271.50 COMPLETION DATE: 09/16/2023
-
i
w
t
ITEM DESCRIPTION
-
a
o'
Engineer's Estimate
Wm. Mueller & Sons
Cory Hoernemann
831 Par K Ave PO Box 247
Hamburg MN 55339
Phone 952-467-2720
coryh@wmmueller.com
R & R Excavating, Inc.
Brent Reiner
1149 Hwy 22 South
Hutchinson, MN 55350
Phone 320-5875918
michelle@rrexcavating.net
Inc
ct Manager
Project
408 6[h S[
P O Box 208
Prinsburg MN 56281
Phone 320-978-6011
estimator@UuinincK.com
Lanawehr construction, Inc.
Estimating
846 South 33rE St PO Box 1086
Saint Cloutl MN S6so2
e tm Phone 320-252-1494
BID PRICE I BID TOTAL
BID PRICE BID TOTAL
BID PRICE BID TOTAL
BID PRICE BID TOTAL
BID PRICE I BID TOTAL
BASE BID
$278,271.50
$223,796.22
$247,240.19
$273,037.25
$279,113.70
DBE GOAL
0.00%
0.00%
0.00%
0.00%
0.00%
BASE BID
UNIT
QUANTITY
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
1
2021.501
MOBILIZATION
LUMPSUM
1.00
$22,000.00
$22,000.00
$22,250.00
$22,250.00
$14,798.13
$14,798.13
$45,000.00
$45,000.00
$48,000.00
$48,000.00
2
2101.502
CLEARING
EACH
1.00
$375.00
$375.00
$500.00
$500.00
$500.00
$500.00
$2,000.00
$2,000.00
$560.00
$560.05
3
2101.502
GRUBBING
EACH
1.00
$150.00
$150.00
$100.00
$100.00
$100.00
$100.00
$750.00
$750.00
$560.00
$560.00
4
2104.502
REMOVE CASTING
EACH
1.00
$200.00
$200.00
$100.00
$100.00
$202.34
$202.34
$125.00
$125.00
$180.00
$180.00
5
2104.503
REMOVE CURB AND GUTTER
LIN FT
152.00
$7.00
$1064.00
$6.31
$959012
$5.24
$796.48
$10.00
$1520.00
$7.75
$1178.00
6
2104.503
SAWING CONCRETE PAVEMENT FULL DEPTH
LIN FT
20.00
$25.00
$500.00
$20.00
$400.00
$6.00
$120.00
$5.50
$110.00
$6.10
$122.00
7
2104.503
SAWING BITUMINOUS PAVEMENT (FULL DEPTH)
LIN FT
532.00
$5.00
$2,660.00
$10.00
$5,320.00
$3.00
$1,596.00
$2.00
$1,064.00
$2.10
$1,117.20
8
2104.504
REMOVE CONCRETE WALK
SO YD
9.00
$15.00
$135.00
$8.80
$79.20
$11.24
$101.16
$60.00
$540.00
$29.50
$265.50
9
1 2104.504
IREMOVE CONCRETE DRIVEWAY PAVEMENT
SO YD
1 113.00
$8.00
$904.00
$8.801
$994.40
$11.52
$1,301.76
$30.00
$3,390.00
$14.90
$1,683.70
10
2104.504
REMOVE BITUMINOUS PAVEMENT
SO YD
884.00
$12.00
$10,608.00
$3.53
$3,120.52
$8.34
$7,372.56
$10.00
$8,840.00
$4.85
$4,287.40
11
2106.507
EXCAVATION -COMMON (EV) (P
CUYD
412.00
$35.00
$14,420.00
$32.50
$13,390.00
$14.86
$6,122.32
$25.00
$10,300.00
$24.90
$10,258.80
12
2106.507
EXCAVATION-SUBGRADE EV
CUYD
100.00
$65.00
$6,500.00
$49.21
$4,921.00
$49.68
$4,968.00
$50.00
$5,000.00
$55.00
$5,500.00
13
2106.609
HAUL AND DISPOSE OF CONTAMINATED SOIL
TON
50.00
$140.00
$7,000.00
S75.00
$3,750.00
$50.03
$2,501.50
$100.00
$5,000.00
$85.00
$4,250.00
14
2108.504
GEOTEXTILE FABRIC TYPE V
SO YD
1003.00
$2.00
$2,006.00
$2.00
$2,006.00
$3.33
$3,339.99
$2.50
$2,507.50
$3.00
$3,009.00
15
2118.509
AGGREGATE SURFACING CLASS 5
TON
55.00
$30.00
$1,650.00
$42.57
$2,341.35
$37.14
$2,042.70
$30.00
$1,650.00
$24.00
$1,320.00
16
2112.604
SUBGRADE AND BASE PREPARATION
SO YD
1297.00
$2.00
$2,594.00
$1.97
$2,555.09
$1.52
$1,971.44
$2.75
$3,566.75
$3.70
$4,798.90
17
2211.507
AGGREGATE BASE CV CLASS P
CUYD
389.00
$56.00
$21,784.00
$31.56
$12,276.84
$72.82
$28,326.98
$45.00
$17,505.00
$56.50
$21,978.50
18
2357.506
BITUMINOUS MATERIAL FOR TACK COAT
GAL
80.00
$10.00
$800.00
$5.50
$440.00
$0.01
$0.80
$3.75
$300.00
$0.05
$4.00
19
1 2360.504
ITYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 1.5" THICK
SO YD
1060.00
$14.00
$14,840.00
$13.61
$14,426.60
$12.50
$13,250.00
$12.75
$13,515.00
$14.25
$15,105.00
20
2360.504
TYPE SP 12.5 NON WEARING COURSE MIXTURE 2,B 2.5 THICK
SO YD
1060.00
$20.00
$21,200.00
$18.31
$19,408.60
$18.00
$19,080.00
$21.25
$22,525.00
$20.50
$21,730.00
21
2503.503
12" RC PIPE SEWER DESIGN 3006 CLASS 5
LIN FT
366.00
$88.00
$32,208.00
$78.00
$28,548.00
$85.31
$31,223.46
$75.00
$27,450.00
$72.00
$26,352.00
22
2503.602
CONNECT TO EXISTING STORM SEWER
EACH
2.00
$1,000.00
$2,000.00
$2000.00
$4,000.00
$1466.20
$2,932.40
$1150.00
$2,300.00
$570.00
$1,140.00
23
2503.602
CONNECT INTO EXISTING DRAINAGE STRUCTURE
EACH
1.00
$1,000.00
$1,000.00
$2,000.00
$2,000.00
$1 506.40
$1,506.40
$1 150.00
$1,150.00
$1,020.00
$1,020.00
24
2503.603
12" HDPE PIPE SEWER (DUAL WALL)
LIN FT
30.00
$110.00
$3,300.00
$89.00
$2,670.00
$79.46
$2,383.80
$60.00
$1,800.00
$40.00
$1.200.00
25
2506.502
CASTING ASSEMBLY (TYPE R-3237)
EACH
1.00
$1,200.00
$1,200.00
$1740.00
$1,740.00
$3462.93
$3,462.93
$2500.00
$2,500.00
$1117.00
$1,117.00
26
2506.502
ADJUST FRAME AND RING CASTING
EACH
2.00
$250.00
$500.00
$750.00
$1,500.00
$1 061.95
$2,123.90
$500.00
$1,000.00
$1 017.00
$2,034.00
27
2506.502
CATCH BASIN TYPE A
EACH
6.00
$3,000.00
$18,000.00
$2,443.00
$14,658.00
$4,826.56
$28,959.36
$3,500.00
$21,000.06
$3,505.00
$21,030.00
28
2506.502
CATCH BASIN TYPE B (CASTING ASSEMBLY TYPE R3237)
EACH
1.00
$3,000.00
$3,000.02
$1 678.00
$1,678.00
$5 686.83
$5,686.83
$4,250.00
$4,250.00
$2 870.00
$2.870.00
29
2506.502
CATCH BASIN TYPE C
EACH
1.00
$3,000.00
$3,000.00
$1931.00
$1,931.00
$4105.22
$4,105.22
$2850.00
2,850.001
$3780.00
$3,780.00
30
2506.503
CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020
EACH
1.00
$5,500.00
$5,500.00
$412.00
$412.00
$6,141.92
$6,141.92
$5,750.00
$5,750.00
$5,780.00
$5,780.00
31
2531.503
CONCRETE CURB AND GUTTER DESIGN D418 (MODIFIED 3" CURB HEIGHT
LIN FT
557.00
$50.00
$27,850.00
$37.00
$20,609.00
$29.83
$16,615.31
$32.00
$17,824.00
$33.60
$18,715.20
32
2531.503
CONCRETE CURB AND GUTTER DESIGN B618
LIN FT
130.00
$50.00
$6,500.00
$39.00
$5,070.00
$43.47
$5,651.10
$55.00
$7,150.00
$56.00
$7,280.00
33
2531.504
4" CONCRETE WALK
SO FT
85.00
$9.10
$773.50
$14.00
$1,190.00
$10.10
$858.50
$12.00
$1,020.00
$26.50
$2,252.50
34
2531.504
6" CONCRETE DRIVEWAY PAVEMENT
SO YD
192.00
$150.00
$28,800.00
$80.00
$15,360.00
$83.45
$16,022.40
$95.00
$18,240.00
$121.001
$23.232.00
35
2545.602
RELOCATE BURIED POWER CABLE
EACH
2.00
$1,500.00
$3,000.00
$2250.00
$4,500.00
$2250.00
$4,500.00
$3000.00
$6,000.00
$2570.00
$5,140.00
36
2563.601
TRAFFIC CONTROL
LUMP SUM
1.00
$3,500.00
$3,500.00
$1,900.00
$1,900.00
$1,650.00
$1,650.00
$1,650.00
$1,650.00
$1,845.00
$1,845.00
37
2573.502
STORM DRAIN INLET PROTECTION
EACH
9.00
$200.00
$1,800.00
$175.00
$1,575.00
$125.00
$1,125.00
$235.00
$2,115.00
$170.00
$1,530.00
38
2574.507
COMMON TOPSOIL BORROW LV
CU YD
75.00
$50.00
$3,750.00
$50.62
$3,796.50
$40.26
$3,019.50
$40.00
$3,000.00
$80.00
$6,00700
39
2575.605
TURF ESTABLISHMENT
ACRE
0.12
$10,000.00
$1,200.00
$11,000.002
$1,320.00
$6,.0.01)1
$780.00
$6,500.001
$780.001
$7,400.001
$888.00
TOTAL - LETTING NO. 3/PROJECT NO. 23-03 & 23-04 1 $278,271.501 $223,796.221 $247,240.191 $273,037.251 $279,113.70
Pege1 d 1
RESOLUTION NO. 15583
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. SA5131
LETTING NO. 3/PROJECT NO. 23-03 & 23-04
WHEREAS, cost has been determined for Letting No. 3/Project No. 23-03 & 23-04, the
improvement of:
Alley Improvements: (Alley #12 between Hwy 7 W & 3rd Ave NW from James St NW to Glen
St NW & Alley #55 between Jefferson St SE & Adams St SE from 2nd Ave SE to 3rd Ave
SE) Alley construction by construction of storm sewer, drain tile, surface
reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances,
and the construction cost for such improvement is $223,796.22. With expenses incurred or to be
incurred in the making of such improvement in the amount of $22,379.62, the total cost of the
improvement is $246,175.84.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$199,150.84, and the portion of the cost to be assessed against benefited property owners is
declared to be $47,025.00.
2. Assessments shall be payable in equal annual installments extending over a proposed period of
ten (10) years, the first of the installments to be payable on or before the first Monday in January,
2024 and shall bear interest at the rate of _ percent per annum from November 1, 2023.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law,
and he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 14th day of March 2023.
Mayor, Gary Forcier
City Administrator, Matthew Jaunich
RESOLUTION NO. 15584
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. SA5131
LETTING NO. 3/PROJECT NO. 23-03 & 23-04
WHEREAS, by a resolution passed by the Council on the 14th day of March 2023, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
Alley Improvements: (Alley #12 between Hwy 7 W & 3rd Ave NW from James St NW to Glen
St NW & Alley #55 between Jefferson St SE & Adams St SE from 2nd Ave SE to 3rd Ave
SE) Alley construction by construction of storm sewer, drain tile, surface
reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances, and
WHEREAS, the City Engineer has notified the Council that such proposed assessment has been
completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 28th day of March, 2023, in the Council Chambers at Hutchinson
City Center at 6:00 p.m. to pass upon such proposed assessment and at such place and time, all
persons owning property affected by such improvement will be given an opportunity to be heard
with reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the assessment
to the County Auditor, pay the whole of the assessment on such property, with interest accrued to
the date of payment, to the City Administrator, except that no interest shall be charged if the entire
assessment is paid by November 15th, 2023. An owner may at any time thereafter, pay to the City
Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 14th day of March 2023.
Mayor, Gary Forcier
City Administrator, Matthew Jaunich
PUBLICATION NO. 8498
NOTICE OF HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. SA-5131
LETTING NO. 3/PROJECT NO. 23-03 & 23-04
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 6:00 P.M. on the 28th day of March, 2023, in the
Council Chambers at City Hall at Hutchinson, Minnesota, and possibly adopt, the proposed assessment for
Letting No. 3/Project No. 23-03 & 23-04, the improvement of:
Alley Improvements: (Alley #12 between Hwy 7 W & 3rd Ave NW from James St NW to Glen
St NW & Alley #55 between Jefferson St SE & Adams St SE from 2nd Ave SE to 3rd Ave
SE) Alley construction by construction of storm sewer, drain tile, surface
reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances,
Adoption by the Council of the proposed assessment against abutting property may occur at the hearing
This assessment is proposed to be payable in equal annual installments extending over a period of ten years,
the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest
at the rate of percent (plus or minus) per annum from the date of the adoption of the assessment
resolution. To the first installment shall be added interest on the entire assessment from the November 1, 2023
until December 31, 2024. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment
on such property, with interest accrued to the date of payment, to the City of Hutchinson. No interest shall be
charged if the entire assessment is paid by November 15, 2023. At any time thereafter, you may pay to the
City of Hutchinson, the entire amount of the assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment
before the date given above, the rate of interest that will apply is percent (plus or minus) per year. The
right to partially prepay the assessment shall be until November 15, 2023.
The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of
the proposed assessment is $47,025.00. Written or oral objections will be considered at the meeting.
No appeal to district court may be taken as to the amount of an assessment unless a written objection, signed
by the affected property owner is filed with the City Administrator prior to the assessment hearing or presented
to the presiding officer at the hearing. The Council may upon such notice consider any objection to the
amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected
property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:
1. The City will present its case first by calling witnesses who may testify by narratives or by examination,
and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to
ask questions. This procedure will be repeated with each witness until neither side has further questions.
2. After the City has presented all its evidence, the objector may call witnesses or present such
testimony as the objector desires. The same procedure for questioning of the City's witnesses will be
followed with the objector's witnesses.
3. The objector may be represented by counsel.
PUBLICATION NO. 8498
ASSESSMENT ROLL NO. SA5131
LETTING NO. 3/PROJECT NO. 23-03 & 23-04
PAGE 2
4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and
argued to the Council as to the weight of items of evidence or testimony presented to the Council.
5. The entire proceedings will be tape-recorded (videotaped).
6. At the close of presentation of evidence, the objector may make a final presentation to the Council based
on the evidence and the law. No new evidence may be presented at this point.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by
serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the
assessment and filing such notice with the district court within ten days after service upon the Mayor or City
Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment
of this special assessment for any homestead property owned by a person 65 years of age or older, any one
retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves
ordered to active military service, for whom it would be a hardship to make the payments. When deferment of
the special assessment has been granted and is terminated for any reason provided in that law, all amounts
accumulated, plus applicable interest, becomes due. Any assessed property owner meeting the requirements
of the law and the resolution adopted under it, may, within 30 days of the confirmation of the assessment,
apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on
his/her property.
Matt Jaunich, City Administrator
City of Hutchinson, Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON
WEDNESDAY, MARCH 15, 2023 AND WEDNESDAY, MARCH 22, 2023.
ASSESSMENT RDLL ND. SA- 5131
LETTING ND.3 /PRDJECT ND. 23-D3 & 23-04
All,
(MIey — 11111- 1 NI II.. 111 —.111— 1 M
Ml� by —.— —I.—, d— gI bkl g—l.r b.,.,
%...
1.11IIIT IATI
.... I.N.
N.
Cky PID
—PID
_ipI_
IF
TowIIF
Towl
As
awl
11—d
ow1Aarve
3-1--
—3—
&
11—Sh.—
Hl.hi..,—O
—
—
13—
$-.04
$6,—m
plat
2
3111--
—3—
GWM&.lh--
U—Sh—
Hutchinson MN-0
—Bl--H—dW..
—19
Off
I—
$9SD-
SO. W
$9,—
Plat
3
—562—
DR Ave NWl.h...-
M B— 171
1— Ill, MN —
= &M Z.E�limg—
MNDOT ROW Pil
—him, North Half
4
OMI
123.22611
$6, .00
$0.00
$6,10.W
S
10191-==-1�2-
H-1
117
..562—
— 41h AveNI
L I M.11-r �
1. ..1 MN ..2
1- - T—
3 Bl '
H—i"—'.Ih Hal
j
_I
j
1101. 2=2-
M - $3,12
1-$2,9 1,1
5
3, 117
Meltzer —
1Paul, MN 2
SST i=='i'
1 H..
..1
132-1$scm.m
10.,
$6,—.10
S.—
HUTCHINSON CITY COUNCIL C`ty'fl
Request for Board Action 7AL Owl,7
Agenda Item: RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE DOWNTOV�&
Department: EDA
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: None
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The Uptown Grand redevelopment project is moving forward. (This project encompasses the city block bounded by
Franklin and Glen Streets, and north of 1 st Avenue NW - the former medical clinic site). Plans call for the construction
of a 75-unit upscale apartment complex on this site.
The City is currently negotiating with a property owner on that block for the purchase of his three properties.
Should an agreement be reached, the plan is to fund this acquisition with a loan from the Downtown Loan Fund, to be
repaid, with interest, from tax increment generated by TIF District 4-16.
Staff is seeking City Council authorization for an inter -fund loan of up to $650,000 from the Downtown Loan Fund to
TIF District 4-16 to fund the property purchases.
A copy of the resolution is included in your packet.
If you have any questions or need additional information, please give me a call any time at 234-4223.
BOARD ACTION REQUESTED:
Approval of Inter -fund Loan Resolution
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 15587
RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE DOWNTOWN
LOAN FUND FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX
INCREMENT FINANCING DISTRICT NO.4-16.
BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the
"City"), as follows:
Section 1. Back round.
1.01. The City has approved the establishment of Tax Increment Financing District No. 4-16 (the "TIF
District") within Development District No. 4 (the "Project Area"), and has adopted a Tax Increment Financing
Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project Area.
1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of property
acquisition, site improvements/preparation, interest, and administrative costs (collectively, the "Qualified Costs"),
which costs may be financed on a temporary basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan
money from the City's general fund or any other fund from which such advances may be legally authorized, in
order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived from the
TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the
"Interfund Loan").
Section 2. Terms of Interfund Loan.
2.01. The City hereby authorizes the advance of up to $650,000 from the Downtown Loan Fund or so
much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances from Available
Tax Increment (defined below) together with interest at the rate of 4.0%, which does not exceed the greater of the
rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan is authorized.
Interest accrues on the principal amount from the date of each tranche.
2.02. Principal and interest ("Payments") on the outstanding Interfund Loan balance shall be paid
annually on each December 31 (each a "Payment Date"), commencing on the first Payment Date on which the
City has Available Tax Increment (defined below), or on any other dates determined by the City Administrator,
through the date of last receipt of tax increment from the TIF District.
2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall
mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by
the City Administrator, generated in the preceding twelve (12) months with respect to the property within the TIF
District and remitted to the City by McLeod County, all in accordance with Minnesota Statutes, Sections 469.174
to 469.1794, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding
or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity
with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment.
2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre -payable in
whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the
amount or timing of any other regular payment otherwise required to be made under this Interfund Loan.
2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota
Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment
pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be
deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated
to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax
Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs
incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued
interest thereon, which may remain unpaid after the final Payment Date.
2.06. Before the latest decertification of any tax increment financing district from which the interfund
loan is to be repaid, the City may modify or amend the terms of this Interfund Loan, in writing, by resolution of
the City Council, including a determination to forgive the outstanding principal amount and accrued interest to
the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: .2023
Gary Forcier, Mayor
(Seal)
ATTEST:
Matt Jaunich, City Administrator
c HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
CONSIDERATION OF PLANNING AND BUILDING DEPARTMENT SOFTWARE
Agenda Item:
Department: PLANNING
LICENSE SECTION
Meeting Date:
Application Complete N/A
Contact: Dan Jochum
Agenda Item Type:
Presenter: Dan Jochum
Reviewed by Staff ❑�
Consent Agenda
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The Building Department has been using BSA Software for the issuing building permits and
managing inspections since 2015. The BSA program has become outdated in the past 8 years
and staff has identified a new software provider for Planning and Building Department Software.
Staff has identified Brightly Software as our preferred software choice. Brightly has a lot more
capabilities and one of the key features is a public portal that will allow owners/contractors to
apply for building permits online and schedule inspections online.
The fee for the software setup and year one licensing is $41,821.00. After the first year there is
a 5 year agreement that the City can get out of at any point if we decide to the fees are as
follows. 2024 - $17,894.23, 2025 - $18,431.07, 2026 - $ 18,984.01, 2027 - $19,553.51, 2028 -
$20,140.12.
The City also considered a software package from Cloud Permit. That program has a one time
setup cost of $15,000 and an annual cost of $40,000-$45,000 depending on what options we
would pick.
Staff recommends moving forward with the Brightly Software proposal as noted above.
BOARD ACTION REQUESTED:
Approval of Brightly Software proposal.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change:
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
PREPARED FOR
City of Hutchinson ("Subscriber")
Dan Jochum
Director Of Building, Planning & Zoning
111 Hassan St SE
Hutchinson, MN 55350-2522
PREPARED BY
Brightly Software Inc ("Company")
11000 Regency Parkway, Suite 300
Cary, NC 27518
Dude Solutions is now Brightly. Same world -class software, new look and feel.
Meet Brightly at brightlysoftware.com
PUBLISHED ON
January 30, 2023
E
00
Q-325940
Pricing is based on unlimited users. Subscription ("Services") includes Public Portal, Parcel Connector,
and GIS Connector. Enterprise includes all modules (Permits, Inspections, Plan Review, Code
Enforcement, Rental Inspections, and Business Licensing).
This SOW has been defined to leverage Brightly's experience, while optimizing the use of resources, thereby
maximizing cost efficiencies on behalf of Client.
Based on our current understanding of the complexity and scope of this effort and the expected involvement of
the Brightly team resources, the current estimated Fixed Price for this engagement is shown in the Investment
table. This estimated cost breakdown is as follows:
Term: 69 months (04/01/2023 - 12/31/2028)
PricinOgn Based
Item
Start Date
End Date
Investment
SmartGov -
4/1 /2023
12/31/2023
14,178.00
Population
12,542.04 USD
Enterprise
- SmartGov Code
4/1/2023
12/31/2023
Included
Enforcement
- SmartGov
4/1/2023
12/31/2023
Included
Business License
- SmartGov
4/1/2023
12/31/2023
Included
Permitting
SmartGov
Connector
4/1/2023
12/31/2023
696.78 USD
Merchant
SmartGov
Connector
4/1/2023
12/31/2023
696.78 USD
Financial
SmartGov
Connector ECM-
4/1/2023
12/31/2023
696.78 USD
Laserfiche
2
��J
Item Start Date End Date PricinOgn Based Investment
SmartGov
Connector Blue 4/1/2023 12/31/2023 696.78 USD
Beam
Multi-Product-1,538.49 USD
Bundle Promotion
3.0 Month(s) included at no additional cost on the first term 04/01/-5,072.56 USD
2023 - 06/30/2023
Subtotal:8,718.11 USD
Item Pricing Based On Investment
General Config 1.00 Population 2,375.00 USD
Fees Configuration (Pages) 1.00 504.45 USD
Workflow template
customization (package of
3.00 Package(s)
9,975.00 USD
10)
Existing Merchant
Connector Configuration
1.00 Pop ulation
1,425.00 USD
Map Connector
Configuration
1.00 Population
1,187.50 USD
Parcel Connector
Configuration
1.00 Population
2 968.75 USD
Portal Configuration
1.00 Population
1,187.50 USD
SmartGov Custom
Implementation
One -Time
0.00 USD
Subtotal: 33,102.89 USD
3
E
Item Pricing Based On Investment
Project Management One -Time 3,745.04 USD
SmartGov Training - Basic One -Time 2,752.15 USD
Financial Export Connector
Configuration 1.00 Population 2,375.00 USD
Laserfische Connector 1.00 Population
Configuration 2,968.75 USD
BlueBeam Connector
Configuration 1,425.00 USD
Subtotal: 33,102.89 USD
Unless otherwise indicated, product bundle promotional pricing is extended for the month in which the
quote is created.
The above level of effort and associated pricing is based on the SMARTGOV package selected by City of
Hutchinson and is subject to change based on defined client requirements that may be discovered during
project delivery. Any identified project scope or requirements changes will be addressed via the Company's
Change Control Authorization ("CCK) process.
Item
SmartGov -
Enterprise
- SmartGov
Code
Enforcement
Investment
Investment
Investment
Investment
Investment
Year 2 Start
Year 3 Start
Year 4 Start
Year 5 Start
Year 6 Start
Date:01/01/
Date:01/01/
Date:01/01/
Date:01/01/
Date:01/01/
2024
2025
2026
2027
2028
17,224.40 USD
17,741.13 USD
18,273.37 USD
18,821.57 USD
19,386.22 USD
Included
Included
Included
Included
Included
0
N
Investment
Investment
Investment
Investment
Investment
Year 2 Start
Year 3 Start
Year 4 Start
Year 5 Start
Year 6 Start
Item
Date:01/01/
Date:01/01/
Date:01/01/
Date:01/01/
Date:01/01/
2024
2025
2026
2027
2028
- SmartGov
Business
Included
Included
Included
Included
Included
License
- SmartGov
Included
Included
Included
Included
Included
Permitting
SmartGov
Connector
956.91 USD
985.62 USD
1,015.19 USD
1,045.64 USD
1,077.01 USD
Merchant
SmartGov
Connector
956.91 USD
985.62 USD
1,015.19 USD
1,045.64 USD
1,077.01 USD
Financial
SmartGov
Connector
956.91 USD
985.62 USD
1,015.19 USD
1,045.64 USD
1,077.01 USD
ECM-
Laserfiche
SmartGov
Connector
956.91 USD
985.62 USD
1,015.19 USD
1,048.64 USD
1,077.01 USD
BlueBeam
Multi-
Product
-3,157.81 USD
-3,252.54 USD
-3,350.12 USD
-3,450.62 USD
-3,554.14 USD
Bundle
Promotion
Total: 17,894.23
USD 18,431.07 USD 18,984.01 USD 19,553.51 USD 20,140.12 USD
I
E
Introduction
Brightly Software, Inc. ("Company") is pleased to submit this Statement of Work ("SOW") to City of Hutchinson
for SmartGov Professional Services. SmartGov streamlines permitting, planning/zoning, Inspections, code
enforcement, and business licensing, providing efficiency for your jurisdiction and enhanced customer service
for your citizens. The package City of Hutchinson has chosen for implementation of SmartGov will be
implemented using proven processes and methodologies managed by an experienced project manager
dedicated to delivering a successful project.
Company looks forward to the opportunity to deliver these services and the ever -lasting development of a
strong business partnership.
Custom Implementation and Features
The Custom Implementation leverages best practices but includes wide flexibility in Company assisted
customization. It is based on our pre -configured settings to streamline your setup but allows full access to
modify your final configuration.
With Custom, you get access to the Full Software and your features include:
All Modules (Permitting, Licensing, Code Enforcement, Recurring Inspections)
Public Portal
Custom Fee Codes (across all modules)
Custom Fields (across all modules)
Departments associated with Templates and Inspection Types (e.g., Building
Safety and Construction, Planning and Zoning, etc.)
156 Standard Reports and Output Documents
Custom Reports and Output Documents
Pre -configured Inspection Types (109 across all modules)
Pre -configured Submittal Types (140 across all modules)
Pre -configured Workflow Steps (152 across all modules)
Additional Inspection Types
Included
Included
Included
Unlimited
Unlimited
Included
Unlimited (Additional Fee
Required)
Included
Included
Included
Unlimited (Additional Fee
Required)
6
E
Additional Submittal Types
Unlimited (Additional Fee
Required)
Additional Workflow Steps
Unlimited (Additional Fee
Required)
Mobile App (Android and iOS)
Included
Pre -configured Templates and Workflow (77 templates across all modules)
Included
Additional Templates and Workflow
Unlimited Unlimited
(Additional Fee Required)
Case number formatting
Customized
Users
Unlimited
With Custom you will get access to the following Services:
Project Management Per Agreement
Public Portal Configuration Self-service or Per
Agreement
Custom Code References Included
Custom Condition Setup
Unlimited
Custom Field Configuration
Unlimited
Department Customization
Included
Fee/ Financial Setup
Per Agreement
Jurisdiction Specific Settings (Time zone, Holidays, etc.)
Included
Inspection Types Additions
Per Agreement
Template and Workflow Customization
Per Agreement
Template and Workflow Additions
Per Agreement
User Setup and Security
Included
7
E
Please talk with your account representative to determine timing for your Custom Implementation.
Planning, Initial Set Up & System Level Configuration
As part of the General Configuration Brightly will:
• Create your database with our defaults
• Load your users with Company standard permissions (provided in Company input sheet)
• Load your Code References/Violation types (provided in Company input sheet)
• Load up to 20 additional custom attributes/details (not associated with fees)
• Load your logo
• Provide access to 156 reports/output documents (see list)
• Provide ongoing access to our Virtual Classroom Training classes
Workflow Template Customization
Company will add up to x10 custom process templates across all modules (Permits/Licensing/Code
Enforcement/Recurring Inspections) until your product readiness date or 12 months after purchase whichever
comes first.
Financial Setup and Fees Pages
Based on your fee schedule Company will:
• Setup your fee code calculations
• Load your FMS/GL Codes (provided in Company input sheet)
• Load your Valuation table (provided in Company input sheet or ICC table)
• Setup your fixture costs (if needed)
• Load your custom attributes / details as required for your fee calculations
Public Portal Configuration Setup
The Company will customize your Portal by:
• Linking your logo
• Exposing all permits/business licenses that you want your citizens to have access to
• Will advise on best practices and load your custom verbiage into the available fields
• Provide the access URL to add link to any needed jurisdiction web pages
E
E
Parcel Connector Setup
Company will configure EITHER a Delimited Parcel Job OR ARCGIS Parcel Job on behalf of the customer
• Delimited File - A delimited file may be uploaded to the job at runtime or may be made available to the
job via FTP using anonymous access or a username and password. The delimited file option supports a
single address for each individual parcel.
• Parcel Layer - A parcel layer must be accessible by URL through an ESRI REST service. A secondary
address -only layer may also be provided for parcels that have more than one address. The layer(s)
must be publicly accessible and may be secured with a username and password.
The configured parcel job will be available for the customer to run on -demand. If using the ARCGIS option or a
delimited file that is accessible via FTP, the job may also be scheduled to run on a consistent basis (e.g., daily,
weekly, monthly, etc.).
Map (GIS) Connector Setup
The Company will connect to your supported ESRI Map Service secured by a publicly trusted certificate issued
by a Certificate Authority.
The clients Map Service must be publicly accessible and require no user authentication of any kind. The Map
Service must include a parcel layer with a designated field having parcel numbers that exactly match those
provided in the Parcel Connector source data (this layer may be the same as that provided for the Parcel
Connector if no authentication is required for access). Support for Feature, Tiled, and Web Map Services is not
included.
Custom base maps are not supported. Base maps from the ESRI base map library will be available for use.
Financial Connector Setup
The Company will customize the configuration of the export to match your financial system input
needs. These customizations could include:
• Additional data fields
• Altered order of column information
• Alternate delimiter or fixed width formatting
Merchant Service Connector Setup
The Company will setup our connector to your merchant vendor (from our authorized list of vendors).
0r
The client will need to provide the relevant linking information for the Company to complete the setup. These
will often include connection URLs, Login IDs, and Transaction Keys.
The Company cannot get this information on the client's behalf due to security and privacy concerns.
Digital Markup Tool Setup
The Company will setup our connector to Bluebeam.
Company will provide training on how to check documents in and out but will not provide training on other
Bluebeam software components.
This does NOT include a subscription to Bluebeam or training on how to use the Bluebeam software and this
must be purchased separately from that vendor.
• Bluebeam Studio Prime is the only edition of Studio that is compatible with
the SmartGov integration.
• The SmartGov integration is compatible with all 3 Revu editions
Laserfiche Setup
The Company will setup our connector to Laserfiche.
This connector allows file attachments in SmartGov to be stored within an Enterprise Content Management
(ECM) system. The Laserfiche integration was built in compliance with Content Management Interoperability
Services (CM IS) standards.
Customer must have the Laserfiche CM IS Gateway installed and configured for the desired repository and be
able to provide a browser binding URL that SmartGov can reach from the cloud.
There are three Secured Functions that control access to the Laserfiche configuration options:
1. Admin JurisdictionBlobProvider - Allow user to all Enterprise Content Management (ECM) settings and
mappings
2. Admin .JurisdictionBlob Provider.ConfigureCMISConnection -Allow user to configure CMIS connection
settings
3. Admin .JurisdictionBlob Provider.ConfigureECMTem plates -Allow user to configure metadata template
mappings
Change Control Authorization Process
E
Any changes to the defined scope will require a signed Change Order by the client. This
Change Order will outline the additional work required and costs associated with the change. It
will also include estimated changes to your launch schedule that must also be approved.
m
Appendix
Parcel Configuration Setup
Parcel source data (delimited file or parcel layer) must include the following fields, at a minimum:
• Parcel Number
• Primary Situs Address
• Primary Situs City
• Primary Situs State
• Primary Situs Zip Code
• Owner Name
• Owner Street Address
• Owner City populated for USA addresses only
• Owner State populated for USA addresses only
• Owner Zip Code populated for USA addresses only
• International Indicator with a value of "Y" for any owner address outside of the USA
• International line including the full regional equivalent of the city, state and zip code for any owner
address outside of the USA
Inclusion of the following additional fields is recommended:
• Parcel center point latitude in decimal degrees
• Parcel center point longitude in decimal degrees
If using a secondary address layer with the ARCGIS Parcel job, the address layer must contain the following
fields:
• Parcel Number
• Secondary Situs Address
• Secondary Situs City
• Secondary Situs Zip Code
Inclusion of the following additional fields is recommended for the secondary address layer:
• Address point latitude in decimal degrees
• Address point longitude in decimal degrees
Map (GIS) Connector Setup
The following base maps are currently included (subject to change):
• Imagery
• Imagery Hybrid
• Streets
• Topographic
• Navigation
• Streets (Night)
• Terrain with Labels
• Light Gray Canvas
LcN
12
• Dark Gray Canvas
• Oceans
• National Geographic Style Map
• Open Street Map
• Charted Territory Map
• Community Map
• Navigation (Dark Mode)
• Newspaper Map
• Human Geography Map
• Human Geography Dark Map
• Modern Antique Map
• Mid -Century Map
• Nova Map
• Colored Pencil Map
• Firefly Imagery Hybrid
• USA Topo Maps
Financial Connector Setup
By default, financial extract jobs are pre -configured and the included configuration of the Receipt Extract job
will produce a comma -delimited file with the following data points:
• Receipt Number
• Receipt Date
• FMS/GL Code
• Fund
• GL Account
• Fee Amount Paid
• Fee Code Name
• Permit/License/Case Number
• Payer Name
The included configuration of the Receipt Extract - FMS/GL Summaryjob will produce a comma -delimited file
with the following data points:
• FMS/GL Code
• Fund
• GL Account
• Fee Amount Paid
The file output of the financial extract may be written to the customer's FTP site, if desired, to facilitate
automated external processing of the file. The customer may request the use of an alternate delimiter if a
comma is not acceptable.
The financial extract job may be run on demand or scheduled to run on a consistent basis (e.g., daily, weekly,
monthly, etc.). Companion reports designed for reconciliation and extract verification are also available.
N
13
LcN
Blue Beam Connector Configuration
Bluebeam Software is comprised of a document management component, known as Studio, and a client -side
application, Revu. Each component has three (3) editions with various features.
Bluebeam Studio is the repository for Bluebeam Projects and Sessions. Only one license/subscription is
required for each jurisdiction. It is available in the following editions:
• Bluebeam Studio Prime (Compatible with SmartGov) - Cloud -based (allows third party integrations
with the Bluebeam Studio API), additional Bluebeam cost
• Bluebeam Studio (Not Compatible with SmartGov) - Cloud -based, included with the Bluebeam Revu
user license at no additional Bluebeam cost
• Bluebeam Studio Enterprise (Not Compatible with SmartGov) - On -Premises
Bluebeam Revu is the client -side software that provides the tools necessary to review and mark up
documents. This software must be installed on each client computer that will be used to perform review and
mark up tasks. Revu is available in the following editions:
• Revu Standard (Compatible with SmartGov) - Standard tool set
• Revu CAD (Compatible with SmartGov) -Includes all of the standard tools, along with plugins for 2D
and 3D PDF creation
• Revu eXtreme (Compatible with SmartGov) -Includes all of the standard tools and CAD plugins, with
additional features like Optical Character Recognition (OCR) and batch processes.
The Revu user license includes access to Bluebeam Studio, but Bluebeam Studio is not sufficient for integration
with SmartGov. Each SmartGov user that will be checking projects in and out of Bluebeam or performing
review and mark up tasks must also be a member of the Bluebeam Studio Prime account.
00
Order Form terms
• By accepting this Order Form, and notwithstanding anything to the contrary in any other purchasing
agreement, Subscriber agrees to pay all relevant Fees for the full Services Term defined above.
• The "Effective Date" of the Agreement between Subscriber and Company is the date Subscriber accepts
this Order Form.
• This Order Form and its Services are governed by the terms of the Brightly Software, Inc. Master
Subscription Agreement found at http://brightlysoftware.com/terms (http://brightlysoftware.com/
terms) ("Terms"), unless Subscriber has a separate written agreement executed by Brightly Software, Inc.
("Company") for the Services, in which case the separate written agreement will govern. Acceptance is
expressly limited to these Terms. Any additional or different terms proposed by Subscriber (including,
without limitation, any terms contained in any Subscriber purchase order) are objected to and rejected
and will be deemed a material alteration hereof.
• To the extent professional services are included in the Professional Services section of this Order Form,
the Professional Services Addendum found at http://brightlysoftware.com/terms
(http://brightlysoftware.com/terms) is expressly incorporated into the Terms by reference.
• During the Term, Company shall, as part of Subscriber's Subscription Fees, provide telephone and email
support ("Support Services") during the hours of 8:00 AM and 6:00 PM EST, (8:00 am - 8:00 pm EST for
Community Development Services) Monday through Friday ("Business Hours"), excluding Company
Holidays.
• Company maintains the right to increase Subscription Fees within the Services Term by an amount not
to exceed the greater of prices shown in the investment table or the applicable CPI and other applicable
fees and charges every 12 months. Any additional or renewal Service Terms will be charged at the then -
current rate.
• Acceptance of this Order Form on behalf of a company or legal entity represents that you have authority
to bind such entity and its affiliates to the order, terms and conditions herein. If you do not have such
authority, or you do not agree with the Terms set forth herein, you must not accept this Order Form and
may not use the Service.
• Proposal expires in sixty (60) days.
• Subscriber shall use reasonable efforts to obtain appropriation in the full amount required under this
Order Form annually. If the Subscriber fails to appropriate funds sufficient to maintain the Service(s)
described in this Order Form, then the Subscriber may terminate the Service(s) at no additional cost or
penalty by giving prior written notice documenting such non -appropriation. Subscriber shall use
reasonable efforts to provide at least thirty (30) days prior written notice of non -
appropriation. Subscriber agrees non -appropriation is not a substitute for termination for convenience,
and further agrees Service(s) terminated for non -appropriation may not be replaced with functionally
similar products or services prior to the expiration of the Services Term set forth in this Order Form.
Subscriber will not be entitled to a refund or offset of previously paid, but unused Fees.
15
��J
Additional information
• Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of
Subscriber. This is not an invoice. For customers based in the United States, any applicable taxes will be
determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To"
location provided by Subscriber. Tax exemption certifications can be sent to
accountsreceivable@brightlysoftware.com (mailto:accountsreceivable@brightlysoftware.com).
• Billing frequency other than annual is subject to additional processing fees.
• Please reference Q-325940 on any applicable purchase order and email to
accountsreceivable@brightlysoftware.com (mailto:accountsreceivable@brightlysoftware.com)
• Brightly Software, Inc. maintains the necessary insurance coverage for its products and professional
services, including but not limited to liability and errors & omissions coverage. Proof of insurance can be
provided upon request.
Illuminate: Bringing the best Ideas to Light
Bringing Assets Into Focus
Brightly's Illuminate conference is a place for operations and asset management leaders to gather and share
our collective wisdom, spotlighting the best new ideas and learning from one another to realize a brighter
future. Take stock of where you've been and plan for where you're going while connecting with industry peers
and experts as passionate to help their organizations thrive as you are.
Brightly's Illuminate conference is a gathering of the brightest minds in operations and asset management,
where you can connect with leaders in their field, exchange expertise, and uncover new opportunities to realize
a brighter future
Illuminate is March 12th-15th, 2023. Attendees are in for the best in -person conference yet, with more
knowledge, training, and technology than ever before.
Enlighten Share your expertise and level up your knowledge with hands-on education and training you can
bring back to your team.
Envision
Explore the brightest ideas and smartest solutions to elevate the work your organization is doing and realize
your vision for the future.
Engage
0
Broaden your professional network by sharing wisdom with fellow operations and asset management leaders.
Admission for Illuminate is $895 for tuition only and $1795 for the "Brightly Bundle". The Brightly
Bundle includes meals, a 4-night hotel stay and tuition. Registration is open beginning September
1 St through March 10th, 2023.
17
Signature
Presented to:
Q-325940
January 30, 2023, 11:41:53 AM
Accepted by:
Printed Name
Signed Name
Title
Date
E
18
brightly
Ji/eFi94:pia:Its] A1:11[•]►1IT10AaaJl14►11
This Master Subscription Agreement (this "Agreement") shall govern Subscriber's (as defined below) access and use of the Services (as
defined below) provided by Brightly Software ("Company"). BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING ACCEPTANCE,
BY RESELLER PURCHASE, BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT OR BY OTHERWISE ACCESSING AND USING THE
SERVICES, SUBSCRIBER AGREES TO THE TERMS OF THIS AGREEMENT. AS A RESULT, PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT CAREFULLY.
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE INDIVIDUAL
REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
IN WHICH CASE THE TERMS "ACCOUNT" OR "SUBSCRIBER" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS
AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, THE INDIVIDUAL
MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Section 1.0 Ordering and Use of the Service
1.1 Company Cloud Service; Subscriber -Hosted Software.
(a) Company Cloud Service. Unless otherwise specified on an applicable Order Form, Company Service shall be provided as Company -hosted,
cloud Service. Company grants Subscriber a non-exclusive and non -transferable right to access and use the Service for the Term.
(b) Subscriber -Hosted Software. Where an applicable Order Form sets forth Subscriber -Hosted Software, subject to the provisions of this
Agreement, Company grants Subscriber a non-exclusive and non -transferable license (with no right to sublicense) to install and use the software for
the Term. In respect of such Subscriber -Hosted Software:
(i) Subscriber is responsible for installing and implementing the Subscriber -Hosted Software and any updates, enhancements or
modifications, except for any Professional Services set forth on an applicable Order Form (i.e., implementation).
(ii) Subscriber may create copies of the Subscriber -Hosted Software to the extent strictly necessary to install and operate the
Subscriber -Hosted Software for use in accordance with this Agreement, and to create backup and archival copies to the extent reasonably
required in the normal operation of Subscriber systems. All such copies must include a reproduction of all copyright, trademarks or other
proprietary notices contained in the original copy of the Subscriber -Hosted Software.
(iii) Subscriber is responsible for providing the Environment and ensuring the Environment functions properly, and for implementing
appropriate data backup and security measures. "Environment" means the systems, networks, servers, equipment, hardware, software
and other material specified in Documentation or an Order Form on which, or in connection with which, the Subscriber —Hosted Service
will be used.
1.2 Ordering.
(a) Ordering. For the Company Services purchased, Company shall grant Subscriber Account Users access or use of the Service(s) and
Professional Service(s) during their associated Term, including access and use of all of the Content contained in or made available through the
Service(s), Subscriber agrees that its purchase is not contingent on the delivery of any future functionality or features, or dependent upon any oral
or written public comments regarding future functionality or features. Subscriber agrees that it shall use the Service(s) solely for internal business
purposes, and access and use of the Service(s) shall be limited to Account Users. Affiliates of either party may conduct business under this Agreement
by executing an Order Form or other document that references this Agreement's terms.
(b) Account Setup. To subscribe to the Service, Subscriber must establish its Account, which may only be accessed and used by its Account
Users. To setup an Account User, Subscriber agrees to provide true and accurate information for such Account Users. Each Account User must
establish and maintain personal, non -transferable Access Credentials, which shall not be shared with, or used by, any other individual. Subscriber
must not create Account User(s) in a manner that intends to or has the effect of avoiding Fees, circumvents thresholds with the Account, or intends
to violate the Agreement.
(c) Subscriber Responsibilities. With full responsibility for its Account Users, Subscriber shall: (i) take appropriate action to ensure that non -
Account Users do not access or use the Service; (ii) ensure that all Account Users comply with all of the terms and conditions of this Agreement; (iii)
be solely responsible for the accuracy, and appropriateness of all Subscriber Data created by Account Users using the Service; (iv) access and use the
Service solely in compliance with the Documentation and all applicable laws, rules, directives and regulations (including those relating to export,
homeland security, anti -terrorism, data protection and privacy); (v) allow e-mail notifications generated by the Service on behalf of Subscriber's
Account Users to be delivered to Subscriber's Account Users; and (vi) promptly notify Company if Subscriber becomes aware of any unauthorized
use of its Account.
(d) Usage Restrictions. Subscriber agrees that it shall not, and shall not permit any Third Party to, directly or indirectly: (i) modify, copy, create
derivative works or attempt to derive the source code of the Service; (ii) assign, sublicense, distribute or otherwise make available the Service, to any
Third Party, including on a timesharing, software -as -a -service or other similar basis; (iii) share Access Credentials or otherwise allow access or use
the Service to provide any service bureau services or any services on a similar basis; (iv) use the Service in a way not authorized in writing by Company
or for any unlawful purpose; (v) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or
transmit material in violation of Third Party privacy rights; (vi) attempt to tamper with, alter, disable, override, or circumvent any security, reliability,
integrity, accounting or other mechanism, restriction or requirement of the Service; (vii) remove, obscure or alter any copyright, trademark, patent
or proprietary notice affixed or displayed by or in the Service; (viii) perform load tests, network scans, penetration tests, ethical hacks or any other
security auditing procedures on the Service; (ix) interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(x) access or use the Service in order to replicate applications, products or services offered by Company and/or otherwise build a competitive product
or service, copy any features, functions or graphics of the Service or monitor the availability and/or functionality of the Service for any benchmarking
or competitive purposes; (xi) under any circumstances, through a Third Party application, a Subscriber Application or otherwise, repackage or resell
the Service, or any Company data; (xii) store, manipulate, analyze, reformat, print, and display the Content for personal use; and (xiii) upload or insert
Rev. Mar. 2022
r•
i��
code, scripts, batch files or any other form of scripting or coding into the Service. Notwithstanding the foregoing restrictions, in the event Subscriber
has purchased a Subscription for Commercial Use (as such term is defined below), Subscriber shall be permitted to use the Service to provide Third
Party services in cases where such Third Parties access the Subscriber provided applications or services, but where such Third Parties do not have the
ability to install, configure, manage or have direct access to the Services. Company hereby agrees, subject to payment of the applicable fees, to
permit such use and the terms of this Agreement, including references to "internal use" and/or "internal business operations" shall be deemed to
include and permit such use (hereafter referred to as "Commercial Use").
(e) Additional Guidelines. Company reserves the right to establish or modify its Service offerings, general practices and limits concerning use
of the Service, and if applicable provide alternative Service offerings and practices, with approximately thirty (30) days' prior notice. Company also
reserves the right to block IP addresses originating a Denial of Service (DoS) attack. Company shall notify Subscriber should this condition exist and
inform Subscriber of its action. Once blocked, an IP address shall not be able to access the Service and the block may be removed once Company is
satisfied corrective action has taken place to resolve the issue.
(f) Links to Third Party Websites. To the extent that the Service links to any Third Party website, application or service, the terms and
conditions thereof shall govern Subscriber's rights with respect to such website, application or service, unless otherwise expressly provided
Company. Company shall have no obligations or liability arising from Subscriber's access and use of such linked Third Party websites, applications
and services.
(g) Beta Service. From time to time, Company may make Beta Service available to Subscribers at no charge. Subscriber may choose to try such
Beta Service or not in its sole discretion. Use of Beta Service is at Subscriber's sole risk and may contain bugs or errors. Subscriber may discontinue
use of the Beta Service at anytime, in its sole discretion. Further, Company may discontinue any and all Beta Service availability at anytime in its sole
discretion without notice. NOTWITHSTANDING THE REPRESENTATIONS, WARRANTIES AND DISCLAIMERS IN SECTION 6, BETA SERVICE AND
DOCUMENTATION, ARE PROVIDED ON AN "AS -IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. COMPANY SHALL HAVE NO INDEMNIFICATION
OBLIGATIONS AND NO LIABILITY OF ANY TYPE WITH RESPECT TO THE BETA SERVICE UNLESS SUCH EXCLUSION IS UNENFORCEABLE UNDER
APPLICABLE LAW IN WHICH CASE COMPANY'S LIABILITY WITH RESPECT TO THE BETA SERVICE PROVIDED SHALL NOT EXCEED $500.00.
1.3 Proprietary Rights.
(a) Subscriber acknowledges and agrees that Company retains all ownership right, title, and interest in and to the Service, the Documentation
and the Content, including without limitation all corrections, enhancements, improvements to, or derivative works thereof (collectively, "Derivative
Works"), and in all Intellectual Property Rights therein or thereto. To the extent any Derivative Work is developed by Company based upon ideas or
suggestions submitted by Subscriber to Company, Subscriber hereby irrevocably assigns all rights to use and incorporate Subscriber's feedback,
including but not limited to suggestions, enhancement requests, recommendations and corrections (the "Feedback") relating to the Service, together
with all Intellectual Property Rights related to such Derivative Works. Nothing contained in this Agreement shall be construed to convey to Subscriber
(or to any party claiming through Subscriber) any Intellectual Property Rights in or to the Service, the Documentation and the Content, other than
the rights expressly set forth in this Agreement
(b) Company acknowledges and agrees that Subscriber retains all ownership right, title, and interest in and to the Subscriber Data, including
all Intellectual Property Rights therein or thereto. Notwithstanding the foregoing, Subscriber hereby grants Company and its Affiliates a non-
exclusive, royalty -free license to: (i) access, display, copy, distribute, transmit, publish, disclose and otherwise use all or any portion of the Subscriber
Data to fulfill its obligations under this Agreement. In addition, Subscriber hereby grants Company a non-exclusive, royalty -free right to use
aggregated and de -identified data generated and/or derived by Company from the Subscriber Data (the "De -Identified Data") in order to improve
the Service and Company's performance hereunder, including without limitation, submitting and sublicensing such De -Identified Data to Third Parties
for analytical purposes, provided that Company shall take commercially reasonable efforts to conduct such de -identification in a manner that ensures
that such De -Identification cannot be traced back to Subscriber or natural persons.
(c) Subscriber acknowledges the Services may utilize, embed or incorporate Third Party software and/or tools (each, a "Third -Party Tool")
under a license granted to Company by one or more applicable Third Parties (each, a "Third -Party Licensor"), which licenses Company the right to
sublicense the use of the Third -Party Tool solely as part of the Services. Each such sublicense is nonexclusive and solely for Subscriber's internal use
and Subscriber shall not further resell, re -license, or grant any other rights to use such sublicense to any Third Party. Subscriber further acknowledges
that each Third -Party Licensor retains all right, title, and interest to its applicable Third -Party Tool and all documentation related to such Third -Party
Tool. All confidential or proprietary information of each Third -Party Licensor is Confidential Information of Company under the terms of this
Agreement and shall be protected in accordance with the terms of Section 7.
Section 2.0 Company Responsibilities
2.1 Professional Services. To the extent Professional Services are included in the applicable Order Form and/or described in one or more
statements of work, Subscriber agrees to abide by Company's Professional Services Addendum. Each statement of work shall be effective,
incorporated into and form a part of this Agreement when duly executed by an authorized representative of each of the parties. Each statement of
work shall (i) describe the fees and payment terms with respect to the Professional Services being provided pursuant to such statement of work, (ii)
identify any work product that will be developed pursuant to such statement of work, and (iii) if applicable, sets forth each party's respective
ownership and proprietary rights with respect to any work product developed pursuant to such statement of work.
2.2 Service Levels.
(a) Company shall use commercially reasonable efforts to make the Service available 99.9% of the time for each full calendar month during
the Term, determined on a twenty-four (24) hours a day, seven (7) days a week basis (the "Service Standard"). Service availability for access and use
by Subscriber(s) excludes unavailability when due to: (a) any access to or use of the Service by Subscriber or any Account User that does not strictly
comply with the terms of the Agreement or the Documentation; (b) any failure of performance caused in whole or in part by Subscriber's delay in
performing, or failure to perform, any of its obligations under the Agreement; (c) Subscriber's or its Account User's Internet connectivity; (d) any
2 Rev. Mar. 2022
r•
6�c
Force Majeure Event; (e) any failure, interruption, outage, or other problem with Internet service or Non -Company Service; (f) Scheduled Downtime;
or (g) any disabling, suspension, or termination of the Service by Company pursuant to the terms of the Agreement. "Scheduled Downtime" means,
with respect to any applicable Service, the total amount of time (measured in minutes) during an applicable calendar month when such Service is
unavailable for the majority of Subscribers' Account Users due to planned Service maintenance. To the extent reasonably practicable, Company shall
use reasonable efforts to provide eight (8) hours prior electronic notice of Service maintenance events and schedule such Service maintenance events
outside the applicable business hours.
2.3 Protection of Subscriber Data. Company shall maintain commercially reasonable administrative, physical, and technical safeguards for
protection of the security, unauthorized access or disclosure of Subscriber Data. All data and information provided by Subscriber through its use of
the Service is subject to Company's Privacy Policy, which can be viewed by clicking the "Privacy" hypertext link located within the Service. By using
the Service, Subscriber accepts and agrees to be bound and abide by such Privacy Policy. At all times during the Subscription term and upon written
request of Subscriber within thirty (30) days after the effective date of termination or expiration of this Agreement, Subscriber data shall be available
for Subscriber's export and download. Following the thirty (30) days after termination or expiration, Company shall not be obligated to maintain
Subscriber Data and may delete or destroy what remains in its possession or control unless prohibited by law.
(a) If applicable in the United States, if Subscriber is a "Covered Entity" under the Health Insurance Portability and Accountability Act of 1996
(as amended from time to time, "HIPAA"), and if Subscriber must reasonably provide protected health information as defined by HIPAA in order to
use the Services, Company shall be Subscriber's "Business Associate" under HIPAA, and Company and Subscriber shall enter into a Business Associate
Agreement (the form of which shall be reasonably satisfactory to Company).
(b) If applicable in the United Kingdom, Switzerland or European Economic Area (EEA), both parties will comply with the applicable
requirements of Data Protection Legislation. "Data Protection Legislation" means (i) the United Kingdom's Data Protection Act 2018, and (ii) the
General Data Protection Regulation ("GDPR") and any national implementing laws, regulations or secondary legislation. Company and Subscriber
agree that Company will not be processing any personal data on behalf of the Subscriber as "Data Controller" (defined in accordance with the Data
Protection Legislation). Company will collect, use, disclose, transfer and store personal information when needed to administer this Agreement and
for its operational and business purposes, in accordance with Data Protection Legislation. To the extent personal data from the UK, Switzerland or
the EEA are processed by Company, the terms of a data processing addendum ("DPA") must be signed by the parties. To the extent Company
processes personal data, its binding corporate rules and the standard contract clauses shall apply, as set forth in the DPA. For standard contract
clauses, Subscriber and Company agree that Subscriber is the data exporter and Subscriber's acceptance of this Agreement or applicable Order Form
shall be treated as its execution of the standard contract clauses.
Section 3.0 Third Party Interactions
3.1 Relationship to Third Parties. In connection with Subscriber's use of the Service, at Subscriber's discretion, Subscriber may: (i) participate
in Third Party promotions through the Service; (ii) purchase Third Party goods and/or services, including implementation, customization, content,
forms, schedules, integration and other services; (iii) exchange data, integrate, or interact between Subscriber's Account, the Service, its application
programming interface ("API") and a Third Party provider; (iv) receive additional functionality within the user interface of the Service through use of
the API; and/or (v) receive content, knowledge, subject matter expertise in the creation of forms, content and schedules. Any such activity, and any
terms, conditions, warranties or representations associated with such Third Party activity, shall be solely between Subscriber and the applicable Third
Party. Company shall have no liability, obligation or responsibility for any such Third Party correspondence, purchase, promotion, data exchange,
integration or interaction. Company does not warrant any Third Party providers or any of their products or services, whether or not such products or
services are designated by Company as "certified," "validated," "premier" and/or any other designation. Company does not endorse any sites on the
Internet that are linked through the Service.
3.2 Ownership. Subscriber is the owner of all Third Party content and data loaded into the Subscriber Account. As the owner, it is Subscriber's
responsibility to make sure it meets its particular needs. Company shall not comment, edit or advise Subscriber with respect to such Third Party
content and data in any manner.
Section 4.0 Fees and Payment.
4.1 Fees. Subscriber shall pay to Company all fees specified in Order Forms. Except as otherwise stated on the Order Form: (i) Subscription
Fees are based on Services and subscriptions purchased, (ii) all Subscription Fee payment obligations are non-refundable and non -cancelable, and
(iii) quantities purchased cannot be decreased during the relevant Services Term. The Subscription Fee for such Service subscription shall be invoiced
upon commencement of the Services Term. Thereafter, Company shall make reasonable efforts to invoice Subscriber for each applicable Subscription
Fee sixty (60) days prior to its commencement. Unless Subscriber provides written notice of termination in accordance with Section 5.1, Subscriber
agrees to pay all fees no later than thirty (30) days after the receipt of Company's applicable invoice. Subscriber is responsible for providing complete
and accurate billing and contact information to Company and notifying Company promptly of any changes to such information.
4.2 Automatic Payments. If Subscriber is paying by credit card or Automated Clearing House ("ACH"), Subscriber shall establish and maintain
valid and updated credit card information or a valid ACH auto debit account (in each case, the "Automatic Payment Method'). Upon establishment
of such Automatic Payment Method, Company is hereby authorized to charge any applicable Subscription Fee using such Automatic Payment
Method.
4.3 Overdue Charges. If any invoiced amount is not received by Company by the due date, without limiting Company's rights or remedies, those
overdue charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum amount permitted by law,
whichever is lower. Company reserves the right to condition an overdue Account's future subscription renewals and Order Forms on shorter payment
terms than those stated herein.
4.4 Taxes. Company's fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example,
value-added, sales, use or withholding taxes, assessable by anyjurisdiction whatsoever (collectively, "Taxes"). Subscriber is responsible for paying all
Taxes associated with its purchases hereunder. If Company has the legal obligation to pay or collect Taxes for which Subscriber is responsible under
Rev. Mar. 2022
E
this Section 4.5, Company shall invoice Subscriber and Subscriber shall pay that amount unless Subscriber provides Company with a valid tax
exemption certificate authorized by the appropriate taxing authority. Subscriber agrees to indemnify and hold Company harmless from any
encumbrance, fine, penalty or other expense which Company may incur as a result of Subscriber's failure to pay anyTaxes required hereunder. For
clarity, Company is solely responsible for taxes assessable against Company based on its income, property and employees.
4.5 Purchases through Resellers. In the event Subscriber purchases the Services (including any renewals thereof) through an authorized reseller
of Company, the terms and conditions of this Agreement shall apply and supersede any other agreement except for any terms and conditions related
to fees, payment or Taxes. Such terms and conditions shall be negotiated solely by and between Subscriber and such authorized reseller. In the event
Subscriber ceases to pay the reseller, or terminates its agreement with the reseller, Company shall have the right to terminate Subscriber's access to
the Service at any time upon thirty (30) days' prior written notice to Subscriber unless Subscriber and Company have agreed otherwise in writing.
Section 5.0 Services Term and Termination
5.1 Services Term. This Agreement will commence on the Effective Date set forth on the Order Form and continues until all Service
subscriptions hereunder have expired or have been terminated (the "Services Term"). Thereafter, except as stated on an applicable Order Form,
the Services Term shall automatically renew for additional periods equal to the expiring subscription term or one year, whichever is longer, unless
either party has provided written notice of its intent to terminate the Service subscription not less than forty-five (45) days prior to the expiration
of the then -current Services Term applicable to the Service subscription.
5.2 Termination for Cause. Either party may terminate this Agreement (in whole or with respect to an Order Form or purchased from a reseller)
by notice to the other party if (i) the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days
(except in the case of a breach of Section 7 in which case no cure period will apply) or (ii) the other party becomes the subject of a petition in
bankruptcy or other similar proceeding. Company may, at its option, and without limiting its other remedies, suspend (rather than terminate) any
Services if Subscriber breaches the Agreement (including with respect to payment of Fees) until the breach is remedied.
5.3 Effect of Termination. Termination or suspension of an individual Order Form or reseller purchase, will not terminate or suspend any other
Order Form, reseller purchase or the remainder of the Agreement unless specified in the notice of termination or suspension. If the Agreement is
terminated in whole, all outstanding Order Form(s) and reseller purchases will terminate. If this Agreement, any Order Form or reseller purchase is
terminated, Subscriber agrees to pay all Fees owed up to the effective date of termination.
5.4 Survival. The following portions of this Agreement shall survive termination of this Agreement and continue in full force and effect:
Sections 1, 2.3, 5.3, 6, 7 and 8.
Section 6.0 Representations, Warranties and Disclaimers
6.1 Representations. Each party represents that: (i) it has full right, title and authority to enter into this Agreement; and (ii) this Agreement
constitutes a legal, valid and binding obligation of Subscriber, enforceable against it in accordance with its terms.
6.2 Warranties.
(a) Company represents and warrants that during the applicable Subscription Term that Service will perform materially in accordance with the
applicable Documentation. For any breach of this warranty in Section 6.2(a), Subscriber's exclusive remedy and Company's entire liability shall be as
described in Section 5.2.
(b) Company represents and warrants that all such Professional Services shall be performed in a professional and workmanlike manner in
accordance with generally accepted industry standards. For any breach of this warranty in Section 6.2(b), Subscriber's exclusive remedy and
Company's entire liability shall be the re -performance of the applicable Professional Services.
(c) SERVICE, CONTENT, DOCUMENTATION, STORED DATA AND BETA SERVICE ARE PROVIDED "AS -IS" AND AS AVAILABLE EXCLUSIVE OF ANY
WARRANTY. EXCEPT AS EXPRESSLY STATED HEREIN, THE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT, DOCUMENTATION,
STORED DATA OR BETA SERVICES. PARTIES SPECIFICALLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON -INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(d) Company's Services have not been tested in all situations under which they may be used. Subscriber is solely responsible for determining
the appropriate uses for the Services and the results of such use; Company will not be liable for the results obtained through Subscriber's use of the
Services. Company's Services are not specifically designed or intended for use in (i) storage of sensitive, personal information, (ii) direct life support
systems, (iii) nuclear facility operations, or (iv) any other similar hazardous environment.
6.3 Indemnification.
(a) Indemnity by Company. Company shall defend and indemnify Subscriber from any loss, damage or expense (including reasonable attorneys'
fees) awarded by a court of competent jurisdiction, or paid in accordance with a settlement agreement signed by Subscriber, in connection with any
Third Party claim (each, a "Claim") alleging that Subscriber's use of the Service as expressly permitted hereunder infringes upon any intellectual
property rights, patent, copyright or trademark of such Third Party, or misappropriates the trade secret of such Third Party; provided that Subscriber
(x) promptly gives Company written notice of the Claim; (y) gives Company sole control of the defense and settlement of the Claim; and (z) provides
to Company all reasonable assistance, at Company's expense. If Company receives information about an infringement or misappropriation claim
related to the Service, Company may in its sole discretion and at no cost to Subscriber: (i) modify the Service so that it no longer infringes or
misappropriates, (ii) obtain a license for Subscriber's continued use of the Service, or (iii) terminate this Agreement (including Subscriber's Service
subscriptions and Account) upon prior written notice and refund to Subscriber any prepaid Subscription Fee covering the remainder of the Term of
the terminated Service subscriptions. Notwithstanding the foregoing, Company shall have no liability or obligation with respect to any Claim that is
based upon or arises out of (A) use of the Service in combination with any software or hardware not expressly authorized by Company, (B) any
modifications or configurations made to the Service by Subscriber without the prior written consent of Company, and/or (C) any action taken by
Subscriber relating to use of the Service that is not permitted under the terms of this Agreement. This Section 6.3(a) states Subscriber's exclusive
Rev. Mar. 2022
E
remedy against Company for any Claim of infringement or misappropriation of a Third Party's Intellectual Property Rights related to or arising from
Subscriber's use of the Service.
(b) To the extent permitted by law, Subscriber shall defend and indemnify Company from any loss, damage or expense (including reasonable
attorneys' fees) awarded by a court of competent jurisdiction, or paid in accordance with a settlement agreement signed by Company, in connection
with any Claim alleging that the Subscriber Data, or Subscriber's use of the Service in breach of this Agreement, infringes upon any patent, copyright
or trademark of such Third Party, or misappropriates the trade secret of such Third Party; unless applicable laws prohibit public entities from such
indemnification and provided that Company (x) promptly gives Subscriber written notice of the Claim; (y) gives Subscriber sole control of the defense
and settlement of the Claim; and (z) provides to Subscriber all reasonable assistance, at Subscriber's expense. This Section 6.3(b) states Company's
exclusive remedy against Subscriber for any Claim of infringement of misappropriation of a Third Party's Intellectual Property Rights related to or
arising from the Subscriber Data or Subscriber's use of the Service.
6.4 Limitation of Liability. IN NO EVENT SHALL COMPANY, IN THE AGGREGATE, BE LIABLE FOR DAMAGES TO SUBSCRIBER IN EXCESS OF THE
AMOUNT OF SUBSCRIPTION FEES PAID BY SUBSCRIBER TO COMPANY PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE
FIRST ACT OR OMISSION GIVING RISE TO THE LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY HAVE ANY LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOSS OF PROFITS, OR CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR
PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS
BASED ON CONTRACT, TORT, STRICT LIABILITY OR PRODUCTS LIABILITY. NOTHING IN THIS SECTION SHALL LIMIT SUBSCRIBER'S PAYMENT
OBLIGATIONS UNDER SECTION 4.
Section 7.0 Confidentiality
7.1 Definition of Confidential Information. "Confidential Information" means any non-public information and/or materials maintained in
confidence and disclosed in any form or medium by a party under this Agreement (the "Disclosing Party") to the other party (the "Receiving Party"),
that is identified as confidential, proprietary or that a reasonable person should have known, was the Confidential Information of the other party
given the nature of the circumstances or disclosure, or as otherwise defined as Confidential Information, trade secrets, and proprietary business
information as provided under applicable state law and exempted from disclosure by the applicable statute. Confidential Information may include
without limitation: information about clients, services, products, software, data, technologies, formulas, processes, know-how, plans, operations,
research, personnel, suppliers, finances, pricing, marketing, strategies, opportunities and all other aspects of business operations and any copies or
derivatives thereof. Confidential Information includes information belonging to a Third Party that may be disclosed only under obligations of
confidentiality. Notwithstanding the foregoing, Confidential Information shall not include information that Receiving Party can demonstrate: (a) is or
becomes generally known to the public without breach of any obligation by Receiving Party; (b) is received from a Third Party without breach of any
obligation owed to Disclosing Party; or (c) is or has been independently developed by Receiving Party without the benefit of Confidential Information.
7.2 Protection of Confidential Information. The Receiving Party agrees that it shall: (i) use the Confidential Information solely for a purpose
permitted by this Agreement, (ii) use the same degree of care as Receiving Party uses with its own Confidential Information, but no less than
reasonable care, to protect Confidential Information and to prevent any unauthorized access, reproduction, disclosure, or use of any of Confidential
Information; and (iii) restrict access to the Confidential Information of the Disclosing Party to those of its employees, contractors and agents who
need such access for purposes consistent with this Agreement and who are prohibited from disclosing the information by a contractual, legal or
fiduciary obligation no less restrictive than this Agreement. Receiving Party shall not use, reproduce, or directly or indirectly allow access to the
Confidential Information except as herein provided or export Confidential Information to any country prohibited from obtaining such information
under any applicable laws or regulations.
7.3 Compelled Disclosure. If Receiving Party is required to disclose any Confidential Information to comply with law, to the extent legally
permitted, Receiving Party shall: (a) give the Disclosing Party reasonable prior written notice to permit Disclosing Party to challenge or limit any such
legally required disclosure; (b) disclose only that portion of the Confidential Information as legally required to disclose; and (c) reasonably cooperate
with Disclosing Party, at Disclosing Party's request and expense, to prevent or limit such disclosure.
7.4 Records Requests. To the extent permitted by law, Subscriber shall treat as exempt from treatment as a public record, and shall not
unlawfully disclose in response to a request made pursuant to any applicable public records law, any of Company's Confidential Information. Upon
receiving a request to produce records under any applicable public records or similar law, Subscriber shall immediately notify Company and provide
such reasonable cooperation as requested by Company and permitted by law to oppose production or release of such Company Confidential
Information.
7.5 Remedies. Receiving Party shall promptly notify Disclosing Party if it becomes aware of any unauthorized use or disclosure of Disclosing
Party's Confidential Information and agrees to reasonably cooperate with Disclosing Party in its efforts to mitigate any resulting harm. Receiving
Party acknowledges that Disclosing Party would have no adequate remedy at law should Receiving Party breach its obligations relating to Confidential
Information and agrees that Disclosing Party shall be entitled to enforce its rights by obtaining appropriate equitable relief, including without
limitation a temporary restraining order and an injunction.
Section 8.0 Miscellaneous
8.1 Compliance with Laws. Each party will comply with all laws and applicable government rules and regulations insofar as they apply to such
party in its performance of this Agreement's rights and obligations.
8.2 Publicity. Company is permitted to: (i) include Subscriber's name and logo in accordance with Subscriber's trademark guidelines; and (ii)
list the Services selected by Subscriber, in public statements and client lists. Subscriber agrees to participate in press releases, case studies and other
collateral using quotes or requiring active participation, the specific details of which shall be subject to mutual consent.
8.3 Relationship of the Parties. Company is performing pursuant to this Agreement only as an independent contractor. Company has the sole
obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement, except as
otherwise agreed upon by the parties. Nothing set forth in this Agreement shall be construed to create the relationship of principal and agent between
Rev. Mar. 2022
Company and Subscriber. Company shall not act or attempt to act or represent itself, directly or by implication, as an agent of Subscriber or its
affiliates or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in the name of, Subscriber or its affiliates.
8.4 Waiver. No failure or delay by either party in enforcing any of its rights under this Agreement shall be construed as a waiver of the right to
subsequently enforce any of its rights, whether relating to the same or a subsequent matter.
8.5 Assignment. Subscriber shall have no right to transfer, assign or sublicense this Agreement or any of its rights, interests or obligations
under this Agreement to any Third Party and any attempt to do so shall be null and void. Company shall have the full ability to transfer, assign or
sublicense this Agreement or any of its rights, interests or obligations under this Agreement.
8.6 Force Majeure. Subject to the limitations set forth below and except for fees due for Service rendered, neither party shall be held
responsible for any delay or default, including any damages arising therefrom, due to any act of God, act of governmental entity or military authority,
explosion, epidemic casualty, flood, riot or civil disturbance, war, sabotage, unavailability of or interruption or delay in telecommunications or Third
Party services, failure of Third Party software, insurrections, any general slowdown or inoperability of the Internet (whether from a virus or other
cause), or any other similar event that is beyond the reasonable control of such party (each, a "Force Majeure Event"). The occurrence of a Force
Majeure Event shall not excuse the performance by a party unless that party promptly notifies the other party of the Force Majeure Event and
promptly uses its best efforts to provide substitute performance or otherwise mitigate the force majeure condition.
8.7 Entity, Governing Law, Notices and Venue. All notices, instructions, requests, authorizations, consents, demands and other
communications hereunder shall be in writing and shall be delivered by one of the following means, with notice deemed given as indicated in
parentheses: (a) by personal delivery (when actually delivered); (b) by overnight courier (upon written verification of receipt); (c) by business mail
(upon written verification of receipt); or (d) except for notice of indemnification claims, via electronic mail to Subscriber at the e-mail address
maintained on Subscriber's Account and to Company at notice@brightlysoftware.com. The Company entity entering into this Agreement, the address
to which notices shall be directed under this Agreement and the law that will apply in any dispute or lawsuit arising out of or in connection with this
Agreement shall depend upon where Subscriber is domiciled:
(a) In the United States and all other domiciles not otherwise mentioned, the Company entity is Brightly Software, Inc., a Delaware
corporation, notices shall be addressed to 11000 Regency Parkway, Suite 400, Cary, NC 27518, Attn: General Counsel, governing law shall be
Delaware and the courts with exclusive jurisdiction shall be Delaware without regard to the principles of conflicts of laws, unless Subscriber is
a public entity in which case this Agreement shall be governed by the state law where it is domiciled.
(b) In Canada, the Company entity is Brightly Software Canada, Inc., an Ontario corporation, notices shall be addressed to Bay Adelaide
Centre, 333 Bay Street, Suite 2400, PO Box 20, Toronto, ON, M5H 2T6 Attn: Brightly Software General Counsel, governing law shall be Ontario
and the courts with exclusive jurisdiction shall be Toronto, Ontario, Canada without regard to the principles of conflicts of laws.
(c) In the United Kingdom or a country in Europe, the Company entity is Confirm Solutions Limited, a limited company in England, notices
shall be addressed to Central House Unit C Compass Centre North, Chatham Maritime, Chatham, England, ME4 4YG, Attn: General Counsel,
governing law shall be England and the courts with exclusive jurisdiction shall be London, England without regard to the principles of conflicts
of laws.
(d) In Australia, New Zealand, a country in Asia or the Pacific region, the Company entity is Assetic Australia Pty Ltd, a proprietary limited
company in Australia, notices shall be addressed to Level 9, 257 Collins Street, Melbourne, VIC 3000 Australia, Attn: General Counsel, governing
law shall be Australia and the courts with exclusive jurisdiction shall be New South Wales, Australia without regard to the principles of conflicts
of laws.
8.8 Interpretation of Agreement. The Section headings contained in this Agreement are solely for the purpose of reference, are not part of
the agreement of the parties, and shall not affect in any way the meaning or interpretation of this Agreement. Any reference to any federal, state,
local or foreign statute or law shall be deemed to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
8.9 No Third Party Beneficiaries. No person or entity not a party to the Agreement shall be deemed to be a Third Party beneficiary of this
Agreement or any provision hereof.
8.10 Severability. The invalidity of any portion of this Agreement shall not invalidate any other portion of this Agreement and, except for such
invalid portion, this Agreement shall remain in full force and effect.
8.11 Entire Agreement. This Agreement, including any applicable Order Form, is the entire agreement between Subscriber and Company
regarding Subscriber's use of the Service and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral,
concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and
signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in
any purchase order or in any other order documentation is void. In the event of any conflict or inconsistency between the documents, the order of
precedence shall be (1) the applicable Order Form, (2) any schedule or addendum to this Agreement, and (3) the content of this Agreement.
8.12 Export Compliance. The Service, Professional Service, Content or other technology Company may make available, and derivatives thereof
may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S.
government denied -party list. Subscriber shall not permit any Account User to access or use any Service, Content or other Company technology in a
U.S.-embargoed country or region or in violation of any U.S. export law or regulation.
8.13 Anti -Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from
an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of
business do not violate the above restriction. If Subscriber learns of any violation of the above restriction, Subscriber shall immediately notify
Company.
8.14 Cooperative Use. With Subscriber's approval, the market research conducted by Subscriber during its selection process for the Services
may be extended for use by other jurisdictions, municipalities, and government agencies of Subscriber's state. Any such usage by other entities must
be in accordance with ordinance, charter, and/or procurement rules and regulations of the respective political entity.
8.15 Modifications. Company may revise the terms of this Agreement from time -to -time and shall post the most current version of this
Agreement on its website. If a revision meaningfully reduces Subscriber's rights, Company shall notify Subscriber.
Rev. Mar. 2022
E
8.16 Exclusions/Suspensions. Company confirms that it has not been excluded, debarred or suspended from participation in any governmental
program, including but not limited to Medicare, Medicaid, or Medi-Cal payor programs, and is not the subject of any investigation regarding
participation in such programs, and has not been convicted of any crime relating to any governmental program. Company agrees to notify Subscriber
immediately if Company becomes aware of any adverse action related to Company's eligibility to participate in a governmental program.
8.17 USA Government Subscribers. The Service and its Documentation and Content are "Commercial Items," "Commercial computer software"
and "Computer software documentation" as defined in the Federal Acquisition Regulations ("FAR") and Defense Federal Acquisition Regulations
Supplement ("DFARS"). Pursuant to FAR 12.211, FAR 12.212, DFARS 227.7202, as revised, the U.S. Government acquires the Service and its
Documentation and Content subject to the terms of this Agreement.
Section 9.0 Definitions
As used in this Agreement, the following terms shall have the meanings set forth below:
9.1 "Access Credentials" means any user name, identification number, password, license or security key, security token, PIN or other security code,
method, technology or device used, alone or in combination, to verify an individual's identity and authorization to access and use the Service.
9.2 "Account" means Subscriber's specific account where Subscriber subscribes to access and use Service(s).
9.3 "Account User" means each employee, consultant and contractor of Subscriber that has been granted Access Credentials.
9.4 "Affiliate" means, with respect to any legal entity, any other legal entity that (i) controls, (ii) is controlled by or (iii) is under common control of
such legal entity. A legal entity shall be deemed to "control" another legal entity if it has the power to director cause the direction of the management
or policies of such legal entity, whether through the ownership of voting securities, by contract, or otherwise.
9.5 "Beta Service" means Company Service or functionality that may be made available to Subscriber to try at its option at no additional charge
that is clearly designated as beta, pilot, limited release, early adoption, non -production, sandbox, evaluation or a similar description.
9.6 "Content" means all of the Company audio and visual information, documents, content, materials, products and/or software contained in, or
made available through, the Service.
9.7 "Documentation" means the user documentation relating to the Service provided to Subscriber by Company, including but not limited to
descriptions of the functional, operational and design characteristics of the Service.
9.8 "Brightly Software" or "Company" means Brightly Software, Inc., Brightly Software Canada, Inc., Assetic Australia Pty Ltd, Confirm Solutions
Limited, Facility Health, Inc. and Energy Profiles Limited together with their affiliates, successors and assigns.
9.9 "Company Data" means all data, information, Documentation and other Content provided by or on behalf of Company to any of the Company
Services.
9.10 "Intellectual Property Rights" means all ideas, concepts, designs, drawings, packages, works of authorship, processes, methodologies,
information, developments, materials, inventions, improvements, software, and all intellectual property rights worldwide arising under statutory or
common law, including without limitation, all (i) patents and patent applications owned or licensable by a party hereto; (ii) rights associated with
works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications and mask work
registrations; (iii) rights related to protection of trade secrets and Confidential Information; (iv) trademarks, trade names, service marks and logos;
(v) any right analogous to those set forth in clauses (i) through (iv); and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing
(as and to the extent applicable) now existing, hereafter filed, issued or acquired.
9.11 "Order Form" means Company's ordering document or online purchasing form used to order Company Services. By entering into an Order
Form, Affiliate(s) agree to be bound by the terms of this Agreement as if an original party.
Company
9.12 "Professional Service" means the professional, technical, consulting and/or other services, excluding support services, to be performed by
Company that are ordered by Subscriber on an Order Form or provided without charge (if applicable).
9.13 "Service" or "Services" means Company's branded offerings of Software -as -a -Service (SaaS) applications, products and services made available
by Company, as updated, enhanced or otherwise modified from time -to -time. Company
9.14 "Subscriber" means the legal entity identified on the Account, on behalf of itself and its Affiliates, employees and subcontractors.
9.15 "Subscriber Data" means all data, information and other content provided by or on behalf of Subscriber to the Service, including that which
the Account Users input or upload to the Service.
9.16 "Subscriber -Hosted Software" means Company's suite of Software -as -a -Service (SaaS) software applications, as updated, enhanced or
otherwise modified from time -to -time that are: (i) ordered by Subscriber on an Order Form or provided without charge (if applicable) and made
available by Company, including mobile components, and (ii) granted a non-exclusive and non -transferable license (with no right to sublicense) to
install and use software for the Term.
9.17 "Subscription Fee" means the fee invoiced to Subscriber by Company prior to the Services Term, which is required to be paid in order for
Subscriber to be permitted to access and use the Service.
9.18 "Third Party" means a party other than Subscriber or Company.
Rev. Mar. 2022
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 2/28/23 - 3/14/23
Check Date
-----------------------------------------------------------------------------------------
02/24/2023
Check
EFT
Vendor Name
EFTPS
Description
-------------------------------------------------------------------
Payroll Report 2/5/23 - 2/18/23
Amount
----------------------------------------
68,924.96
02/24/2023
EFT
MSRS
Payroll Report 2/5/23 - 2/18/23
5,392.51
02/24/2023
EFT
Child Support
Payroll Report 2/5/23 - 2/18/23
659.43
02/24/2023
EFT
MN Dept of Revenue
Payroll Report 2/5/23 - 2/18/23
13,406.65
02/24/2023
EFT
Provident Life - Vol Ins
Payroll Report 2/5/23 - 2/18/23
399.94
02/24/2023
EFT
PERA
Payroll Report 2/5/23 - 2/18/23
58,736.95
02/24/2023
EFT
Further HSA
Payroll Report 2/5/23 - 2/18/23
14,944.21
02/24/2023
EFT
Mission Square
Payroll Report 2/5/23 - 2/18/23
3,273.84
02/24/2023
EFT
VOYA
Payroll Report 2/5/23 - 2/18/23
460.00
02/24/2023
EFT
MNDCP
Payroll Report 2/5/23 - 2/18/23
350.00
02/24/2023
110709
MNPEA
Payroll Report 2/5/23 - 2/18/23
768.00
02/24/2023
110710
UNUM Life Insurance
Payroll Report 2/5/23 - 2/18/23
1,063.30
02/24/2023
110711
LELS Union Dues
Payroll Report 2/5/23 - 2/18/23
337.50
02/24/2023
110712
HART
Payroll Report 2/5/23 - 2/18/23
443.75
02/28/2023
110713
RANNOW, JANIS
RELOCATION BENEFIT - EDA
18,714.48
03/14/2023
110714
A.M. LEONARD INC
HAND TOOLS - MULTIPLE DEPTS
1,220.09
03/14/2023
110715
AARP
MARCH INSTRUCTION - SR CTR
310.00
03/14/2023
03/14/2023
110716
110717
ABM EQUIPMENT LLC
ACE HARDWARE - 1315
CONTROL COVER - STREETS
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
1,217.32
159.57
03/14/2023
110718
ACE HARDWARE - 1790
REPAIR & MAINT SUPPLIES - FIRE
36.45
03/14/2023
110719
ACE HARDWARE - 1825
MOTOR TREATMENT - POLICE
12.99
03/14/2023
110720
ACME TOOLS
BELT SANDER, CORD SET - PARKS
256.52
03/14/2023
110721
ADVANCED ENGINEERING & ENVIRONMENTA
JAN SCADA IMPVS - WWTP & WATER
23,446.75
03/14/2023
110722
AEM MECHANICAL SERVICES INC
TUBE HEATERS, REPAIR, INSTALL- HATS
7,227.32
03/14/2023
110723
ALLINA HEALTH SYSTEM
1ST QTR EDUCATION - FIRE
889.91
03/14/2023
110724
ALTERNATIVE BUSINESS FURNITURE
CHAIR - REC BLDG
682.64
03/14/2023
110725
AMERICAN BOTTLING CO
COST OF GOODS SOLD - LIQUOR HUTCH
239.10
03/14/2023
110726
AMPLIFY FOR CHANGE
SUPPORT TO MPCA GRANT -COMPOST
2,600.00
03/14/2023
110727
ANDERSON-CRANE RUBBER COMPANY
INPUT SEALS - WWTP
268.15
03/14/2023
110728
ANIMAL MEDICAL CENTER ON CROW RIVER
FEB BOARDING/PROCESSING - POLICE
1,722.00
03/14/2023
110729
ARTISAN BEER COMPANY
COST OF GOODS SOLD - LIQUOR HUTCH
368.80
03/14/2023
110730
AUTO-CHLOR SYSTEM
2/20 DISHWASHER SERVICE - SR DINING
220.00
03/14/2023
110731
BELLBOY CORP
COST OF GOODS SOLD - LIQUOR HUTCH
4,812.21
03/14/2023
110732
BERNICK'S
COST OF GOODS SOLD - LIQUOR HUTCH
990.68
03/14/2023
110733
BME LAB AND SCIENCE
CALIB/MAINT SERVICE - WWTP
865.00
03/14/2023
110734
BRADLEY SECURITY LLC
LOCK MAINT - CREEKSIDE
2,038.43
03/14/2023
110735
BRANDON TIRE CO
TIRE REPAIRS - PARKS
2,794.04
03/14/2023
110736
BRASS FOUNDRY BREWING CO
COST OF GOODS SOLD - LIQUOR HUTCH
347.78
03/14/2023
110737
BRAUN INTERTEC CORP
NEW POLICE FACILTY THRU 2/25/23
1,609.50
03/14/2023
110738
BREAKTHRU BEVERAGE
COST OF GOODS SOLD - LIQUOR HUTCH
29,521.57
03/14/2023
110739
C & L DISTRIBUTING
COST OF GOODS SOLD - LIQUOR HUTCH
36,595.92
03/14/2023
110740
CARD SERVICES
FLORAL, BALLOON - POLICE
37.73
03/14/2023
110741
CARS ON PATROL SHOP LLC
SQUAD REPAIRS, TOWING - POLICE
8,288.82
03/14/2023
110742
CENTRAL HYDRAULICS
COUPLER - PARKS
92.04
03/14/2023
110743
CENTRAL MCGOWAN
CHEMICALS & SUPPLIES - MULTIPLE DEPTS
384.17
03/14/2023
110744
CHAPPELL CENTRAL INC.
REPLACED ACTUATOR, MAINT- WATER
1,275.59
03/14/2023
110745
CINTAS CORPORATION
SUPPLIES & SERVICE - MULTIPLE DEPTS
344.17
03/14/2023
110746
CIVIC SYSTEMS LLC
1ST HALF PYMT: SOFTWARE CONVERSION
39,475.00
03/14/2023
110747
COKER COMPOSTING AND CONSULTING
SUPPORT CASP, MPCA GRANT- CREEKSIDE
600.00
03/14/2023
110748
COMPUTER INTEGRATION TECHNOLOGIES
VIDEO SURVEILLANCE PROJECT - MULTIPLE DEPTS
111,296.00
03/14/2023
110749
CROW RIVER GOLF CLUB
BANQUET- LIQUOR HUTCH
638.25
03/14/2023
110750
CROW RIVER PRESS INC
SR NEWSLETTERS - SR CTR
35.11
03/14/2023
110751
DAHLHEIMER BEVERAGE
COST OF GOODS SOLD - LIQUOR HUTCH
39,795.79
03/14/2023
110752
DELL MARKETING L.P.
MONITORS - MULTIPLE DEPTS
1,632.95
03/14/2023
110753
DESIGN ELECTRIC INC
ELECTRICAL REPAIRS - MULTIPLE DEPTS
315.90
03/14/2023
110754
DOBBERSTEIN, DEBB
UB refund for account: 2-260-3120-4-01
40.01
03/14/2023
110755
DOMINO'S PIZZA
PIZZA FOR SAFETY MEETING
267.00
03/14/2023
110756
E2 ELECTRICAL SERVICES INC
ELECTRICAL PROJECTS & REPAIRS - MULTIPLE DEPTS
13,776.72
03/14/2023
110757
ENGINEERING NEWS -RECORD
MEMBERSHIP RENEWAL- ENG
99.99
03/14/2023
110758
EVERBRIDGE INC
MASS NOTIFICATION BASE - IT
4,713.66
03/14/2023
110759
FARM -RITE EQUIPMENT
BOBCAT REPAIR - CREEKSIDE
1,253.25
03/14/2023
110760
FASTENAL COMPANY
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
150.86
03/14/2023
1110761
1 FENSKE, BRUCE
REIMB: SAFETY FOOTWEAR - STREETS
159.95
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 2/28/23 - 3/14/23
Check Date
-----------------------------------------------------------------------------------------
03/14/2023
Check
110762
Vendor Name
FETT, KELSEY
Description
-------------------------------------------------------------------
UB refund for account: 1-480-9900-9-02
Amount
----------------------------------------
111.05
03/14/2023
110763
FINANCE & COMMERCE
PUBLIC NOTICES - ENG
263.78
03/14/2023
110764
FIRST CHOICE FOOD & BEVERAGE SOLUTI
COFFEE - CITY CENTER
616.60
03/14/2023
110765
FOSTER MECHANICAL
HVAC REPAIR - CEMETERY
285.00
03/14/2023
110766
FURTHER
2023 Annual Fee HSA/FSA Adm. Fees
400.00
03/14/2023
110767
GAG SHEET METAL, INC
INSTALL NEW TUBE ON HEATER - CREEKSIDE
218.00
03/14/2023
110768
GALLS LLC
DYNAMIC ENTRY CQB RAM, BELTS - POLICE
1,154.56
03/14/2023
110769
GEARGRID CORPORATION
INSTALL- POLICE
1,350.00
03/14/2023
110770
GEIKEN'S GUIDE & GUARD, LLC
DARE TEACHING - POLICE
1,032.22
03/14/2023
110771
GRAINGER
EQUIPMENT PARTS - MULTIPLE DEPTS
718.15
03/14/2023
110772
GULER, JENNIFER
UB refund for account: 3-926-0645-0-02
22.91
03/14/2023
110773
HACH COMPANY
CHEMICALS & SUPPLIES - MULTIPLE DEPTS
3,944.03
03/14/2023
110774
HANSEN GRAVEL INC.
CONTRACTED SNOW REMOVAL
6,207.50
03/14/2023
110775
HANSON & VASEK CONSTRUCTION
CONTRACTED SNOW REMOVAL
1,980.00
03/14/2023
110776
HAWKINS INC
CHEMICALS & SUPPLIES - MULTIPLE DEPTS
35,556.03
03/14/2023
110777
HILLYARD / HUTCHINSON
OPERATING SUPPLIES - MULTIPLE DEPTS
1,173.26
03/14/2023
110778
HJERPE CONTRACTING
REPAIR BROKEN WATER MAIN - WATER
3,616.00
03/14/2023
03/14/2023
110779
110780
HOLT-PETERSON BUS
HOME CITY ICE COMPANY
3/20 BUS FOR SR TRIP
COST OF GOODS SOLD - LIQUOR HUTCH
925.00
172.80
03/14/2023
110781
HUDSON PHYSICIANS
EMPLOYMENT EXAM - ENG
155.00
03/14/2023
110782
HUEBNER, BENJAMIN
REIMB: DEDUCTION - POLICE
5.20
03/14/2023
110783
HUTCHFIELD SERVICES
MAR CLEANING - HATS
1,485.75
03/14/2023
110784
HUTCHINSON CHAMBER & TOURISM
JAN 2023 LODGING TAX
18,599.25
03/14/2023
110785
HUTCHINSON CO-OP
FEB FUEL & SERVICES - MULTIPLE DEPTS
32,923.75
03/14/2023
110786
HUTCHINSON FIGURE SKATING ASSOC
JAN & FEB INSTRUCTION, SHOW - ARENA
6,200.00
03/14/2023
110787
HUTCHINSON LEADER
FEB ADVERTISING - MULTIPLE DEPTS
4,757.15
03/14/2023
110788
HUTCHINSON WHOLESALE #1550
FILTERS - STREETS
158.79
03/14/2023
110789
HUTCHINSON WHOLESALE #1552
REDUCER, WIRE - PARKS
125.98
03/14/2023
110790
HUTCHINSON WHOLESALE #2520
PREMIUM CAPSULES - FIRE
63.99
03/14/2023
110791
IDEXX LABORATORIES
COLILERT- WWTP
1,013.70
03/14/2023
110792
INNOVATIVE OFFICE SOLUTIONS LLC
TOWELS, TISSUES - LIQUOR HUTCH
147.49
03/14/2023
110793
INTERSTATE BATTERY SYSTEM MINNEAPOL
BATTERIES - HATS
127.95
03/14/2023
110794
JEFFERSON FIRE & SAFETY INC
TEMPEST FAN MISTER ADAPTOR - FIRE
348.44
03/14/2023
110795
JOHNSON BROTHERS LIQUOR CO.
COST OF GOODS SOLD - LIQUOR HUTCH
39,600.52
03/14/2023
110796
J U U L CONTRACTING CO
2/23 & 2/24 SNOW REMOVAL- STREETS
2,915.00
03/14/2023
110797
KERI'S CLEANING & HANDYMAN SERVICES
FEB CLEANING - MULTIPLE LOCATIONS
5,929.06
03/14/2023
110798
KING, DEDE
UB refund for account: 2-665-5450-4-02
135.46
03/14/2023
110799
KOSEK, JEFFREY
CONTRACTED SNOW REMOVAL
1,980.00
03/14/2023
110800
KRANZ LAWN & POWER
TORO PARTS - PARKS
495.32
03/14/2023
110801
L & P SUPPLY CO
GATOR MULCHER - PARKS
175.20
03/14/2023
110802
LAWSON PRODUCTS INC
FITTINGS, GROMMETS, STAND, RACK - HATS
691.57
03/14/2023
110803
LEAGUE OF MN CITIES -INS TRUST
2ND QTR WORKER COMP & INS PREMIUMS
159,322.00
03/14/2023
110804
LOGIS
FEB SUPPORT & SERVICES - MULTIPLE DEPTS
22,939.50
03/14/2023
110805
M-R SIGN
SIGNS & PARTS - MULTIPLE DEPTS
224.56
03/14/2023
110806
MARCO TECHNOLOGIES, LLC
PRINTING CONTRACTS- MULTIPLE DEPTS
120.28
03/14/2023
110807
MARCO TECHNOLOGIES, LLC
PRINTING CONTRACTS- MULTIPLE DEPTS
2,341.21
03/14/2023
110808
MAVERICK WINE
COST OF GOODS SOLD - LIQUOR HUTCH
2,212.96
03/14/2023
110809
MCLEOD COUNTY HHW
REFUSE: FLUORESCENT TUBES -ARENA
551.25
03/14/2023
110810
MCLEOD COUNTY RECORDER
EASEMENT, MORTGAGE - MULTIPLE DEPTS
161.00
03/14/2023
110811
MENARDS HUTCHINSON
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
818.81
03/14/2023
110812
MID-AMERICAN RESEARCH CHEMICAL
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
2,751.79
03/14/2023
110813
MINNESOTA CHIEFS OF POLICE
ETI CONF: ADAM AMENT- POLICE
525.00
03/14/2023
110814
MINNESOTA DEPT OF MOTOR VEHICLE
VEHICLE REGISTRATIONS - MULTIPLE DEPTS
5,242.88
03/14/2023
110815
MINNESOTA VALLEY TESTING LAB
LAB SAMPLE TESTING - MULTIPLE DEPTS
251.90
03/14/2023
110816
MRPA
JOB POSTING, INSTR COURSE - MULTIPLE DEPTS
880.00
03/14/2023
110817
MYGUY INC.
CLEANING SUPPLIES - HATS
1,803.00
03/14/2023
110818
NERO ENGINEERING LLC
JAN WASTEWATER EFFORTS
8,512.20
03/14/2023
110819
NORTH AMERICAN TRAILER
TRAILER SIDEWALL REPAIR - CREEKSIDE
5,829.39
03/14/2023
110820
NORTH CENTRAL LABORATORIES
PIPETS, SOL, SLIDES, COVERS, FILTER - WWTP
596.55
03/14/2023
110821
NORTHERN SAFETY & INDUSTRIAL
EARPLUGS - HATS
154.00
03/14/2023
110822
NORTHERN STATES SUPPLY INC
CLAMPS, CABLE TIES, PINS, NUTS - HATS
60.17
03/14/2023
110823
NSF - MSF
JULY 22-23 HUTCHINSON PENTACULAR - REC
55.00
03/14/2023
1110824
1 NUSS TRUCK & EQUIPMENT
EQUIPMENT PARTS - MULTIPLE DEPTS
957.87
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 2/28/23 - 3/14/23
Check Date
-----------------------------------------------------------------------------------------
03/14/2023
Check
110825
Vendor Name
NUVERA
Description
-------------------------------------------------------------------
MAR PHONE SERVICES - MULTIPLE DEPTS
Amount
----------------------------------------
5,900.20
03/14/2023
110826
O'REILLY AUTO PARTS
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
120.21
03/14/2023
110827
OPG-3,INC
ANNUAL SUPPORT - IT
7,496.00
03/14/2023
110828
PAULSON, AMY
UB refund for account: 2-825-9100-8-01
58.49
03/14/2023
110829
PAUSTIS WINE COMPANY
COST OF GOODS SOLD - LIQUOR HUTCH
3,605.50
03/14/2023
110830
PEOPLEREADY INC
CREEKSIDE TEMP STAFFING
3,803.59
03/14/2023
110831
PHILLIPS WINE & SPIRITS
COST OF GOODS SOLD - LIQUOR HUTCH
15,300.85
03/14/2023
110832
POSTMASTER
APR NEWSLETTER - SR CTR
126.00
03/14/2023
110833
PREMIUM WATERS
MAR SERVICE - PARKS
10.00
03/14/2023
110834
PREVOLV INC
SYSTEMS FURN & ANC PROD - NEW POLICE FACILITY
29,962.50
03/14/2023
110835
PRO AUTO MN INC
OIL CHANGES & REPAIRS - MULTIPLE DEPTS
170.31
03/14/2023
110836
QUILL CORP
TOWELS, TRASH BAGS, SOAP - REC BLDG
879.82
03/14/2023
110837
RAHN PAINTING & CONTRACTING LLC
MAR SNOW REMOVAL - LIQUOR HUTCH
1,900.00
03/14/2023
110838
REFLECTIVE APPAREL FACTORY INC
PARKA - WATER
96.85
03/14/2023
110839
RICHARD LARSON BUILDERS
GUTTER INSTALL @ PARK ELEM WARMING HOUSE
901.00
03/14/2023
110840
ROLLING FORKS VINEYARDS
COST OF GOODS SOLD - LIQUOR HUTCH
342.84
03/14/2023
110841
ROSE TRUCKING INC
ODOMETER & DOOR HANDLE REPAIR - CREEKSIDE
1,120.80
03/14/2023
03/14/2023
110842
110843
ROTOCHOPPER
RUNNING'S SUPPLY
ROLLER, BOLTS, WASHERS, REPAIR - COMPOST
REPAIR & MAINT SUPPLIES - MULTIPLE DEPTS
10,973.92
462.98
03/14/2023
110844
SALTMANLLC
SOFTENER SALT -ARENA
180.00
03/14/2023
110845
SHORT-ELLIOT-HENDRICKSON, INC
VARIOUS PROJECTS - ENG
53,889.25
03/14/2023
110846
SIMONSON LUMBER CO
CEDAR - PARKS
3,334.40
03/14/2023
110847
SOUTHERN WINE & SPIRITS OF MN
COST OF GOODS SOLD - LIQUOR HUTCH
8,710.52
03/14/2023
110848
SOUTHWEST INITIATIVE FOUNDATION
FY2023 SWIF APPROPRIATION
6,000.00
03/14/2023
110849
STANDARD PRINTING-N-MAILING
POSTAGE - MULTIPLE DEPTS
326.27
03/14/2023
110850
STAPLES ADVANTAGE
OFFICE SUPPLIES - MULTIPLE DEPTS
474.47
03/14/2023
110851
STORM TRAINING GROUP
FIT2 COURSE: MATTHEW BERGMANN - POLICE
899.00
03/14/2023
110852
STREICHER'S
AMMO - POLICE
2,109.60
03/14/2023
110853
SUNCOAST GARDEN PRODUCTS INC
CYPRESS BLEND - COMPOST
6,736.00
03/14/2023
110854
TAPS-LYLE SCHROEDER
2/21 CLEANING - EV CTR
50.00
03/14/2023
110855
TEK MECHANICAL
HEATING REPAIR - WWTP
1,284.60
03/14/2023
110856
THOMSON REUTERS-WEST
FEB SUBSCRIPTION - POLICE
154.40
03/14/2023
110857
TITAN MACHINERY
BLADES, PLATES, EDGES, TOOTH, PIN - STREETS
2,611.00
03/14/2023
110858
TRI COUNTY WATER
BOTTLE WATER DELIVERY- MULTIPLE DEPTS
120.00
03/14/2023
110859
UNIQUE PAVING MATERIALS
UPM COLD MIX -STREETS
482.80
03/14/2023
110860
VERIZON WIRELESS
JAN 24 - FEB 23 PHONE SERVICES
3,402.69
03/14/2023
110861
VIKING BEER
COST OF GOODS SOLD - LIQUOR HUTCH
10,890.00
03/14/2023
110862
VIKING COCA COLA
COST OF GOODS SOLD - LIQUOR HUTCH
561.65
03/14/2023
110863
VIKING SIGNS & GRAPHICS INC
SIGNS & PARTS - MULTIPLE DEPTS
205.00
03/14/2023
110864
VINOCOPIA INC
COST OF GOODS SOLD - LIQUOR HUTCH
1,833.79
03/14/2023
110865
VIVID IMAGE
WEBSITE- CREEKSIDE
780.00
03/14/2023
110866
WASTE MANAGEMENT OF WI -MN
REFUSE TAKEN TO LANDFILL
5,097.65
03/14/2023
110867
WATER CONSERVATION SERVICE INC
LEAK LOCATE - WATER
583.43
03/14/2023
110868
WELCOME NEIGHBOR
NEW RESIDENT VISITS - LIQUOR HUTCH
60.00
03/14/2023
110869
WINE COMPANY, THE
COST OF GOODS SOLD - LIQUOR HUTCH
1,082.00
03/14/2023
110870
WOLD ARCHITECTS & ENGINEERS
NEW POLICE FACILITY THRU 2/28/23
1,769.26
03/14/2023
110871
WRIGHT, BRETT
UB refund for account: 2-620-5250-2-01
26.63
03/14/2023
1110872
ZEP SALES AND SERVICE
CLEANER - HATS
546.13
Total - Check Register A:
I
1$
1,124,526.40
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Assessment Hearing & Award for 2023 Pavement Improvement Projects
Agenda Item: (L2/P22-02, 23-02 & 22-03)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Mike Stifter
Agenda Item Type:
Presenter: Mike Stifter
Reviewed by Staff ❑�
Public Hearing
Time Requested (Minutes): 15
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The City received six (6) bids (see attached Bid Tabulation) for the 2023 Pavement Improvement
project letting on Wednesday, February 15th. The apparent low bidder is Valley Paving, Inc. of
Shakopee, MN, with a bid of $452,154.33 (approximately 15% lower than the final Engineer's
Estimate). This project's total cost and associated funding contributions were reviewed by the
Resource Allocation Committee and are accounted for within the City's proposed 2023
Infrastructure Improvement Program.
City staff will provide a brief overview of the project scope, bids and associated improvement
special assessments prior to opening the public communication portion of the Assessment
Hearing. City staff have worked with adjacent property owners as this project has proceeded to
address any construction and assessment questions.
The final Assessment Roll and necessary Resolutions to award this project are attached. We
recommend approving the provided Assessment Roll and Resolutions.
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 15581
RESOLUTION ADOPTING ASSESSMENT
ASSESSMENT ROLL NO. SA5130
LETTING NO. 2/PROJECT NO. 22-02, 23-02 & 22-03
WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the
proposed assessment for improvement of:
2023 Pavement Improvements Project: 22-02 & 23-02 Roadway rehabilitation by milling,
bituminous resurfacing, minor repairs to curb and gutter, restoration and appurtenances. 22-
03 New multi -use trail facility by construction of tree removals, grading, bituminous
surfacing, landscaping, restoration and appurtenances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract
of land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of ten (10)
years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear
interest at the rate of % percent per annum as set down by the adoption of this assessment resolution. To
the first installment shall be added interest on the entire assessment from November 1, 2023, until the 31 st
day of December 2024. To each subsequent installment when due, interest shall be added for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is
paid by the 15th day of November, 2023; and owner may, at any time thereafter, pay to the City Finance
Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of
December, of the year in which such payment is made. Such payment must be made before November 15, or
interest will be charged through December 31, of the next succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and
paid over in the same manner as other municipal taxes.
Adopted by the Council this 14th day of March 2023.
Gary Forcier, Mayor
Matthew Jaunich, City Administrator
RESOLUTION NO. 15582
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 2/PROJECT NO. 22-02, 23-02 & 22-03
Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of:
2023 Pavement Improvements Project: 22-02 & 23-02 Roadway rehabilitation by milling,
bituminous resurfacing, minor repairs to curb and gutter, restoration and appurtenances. 22-03
New multi -use trail facility by construction of tree removals, grading, bituminous surfacing,
landscaping, restoration and appurtenances, and
bids were received, opened and tabulated according to law, and the following bids were received complying with
the advertisement:
Bidder Total Bid
Valley Paving, Inc. of Shakopee MN $452,154.33
Wm. Mueller & Sons, Inc. of Hamburg MN $477,116.20
OMG Midwest Inc. of Rogers MN $529,796.70
Knife River Co. of Sauk Rapids MN $533,610.65
Duininck, Inc. of Prinsburg MN $542,629.01
R & R Excavating, Inc. of Hutchinson MN $655,916.76
and whereas, it appears that Valley Paving, Inc. of Shakopee MN is the lowest responsible bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
The mayor and city administrator are hereby authorized and directed to enter into a contract with
Valley Paving, Inc. of Shakopee MN in the amount of $452,154.33 in the name of the City of Hutchinson,
for the improvement contained herein, according to the plans and specifications therefor approved by the
City Council and on file in the office of the City Engineer.
The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made
with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be
retained until a contract has been signed, and the deposit of the successful bidder shall be retained until
satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 14th day of March 2023.
Mayor, Gary Forcier
City Administrator, Matthew Jaunich
A aL T
Grand —1:
CITY OF HUTCHINSON, III HASSAN ST SE, HUTCHINSON MN 55350 320-234-4209
BID TABULATION - CITY OF HUTCHINSON
LETTING NO. 2/PROJECT NO. 22-02, 23-02 & 22-03
SAP 133-125403, 133-117-015 & 133410407
2023 Pavement Improvements Project
BID OPENING: 0211512023 @ 11:00 AM ENGINEER'S ESTIMATE $529,812.75 COMPLETION DATE: 0711912023
-
Bgireefa 6tiink
Valley Paving, Inc
VPIEstimating
880013M Ave E
SM1akopee MN 55339
Wm. Mueller & Sons
Cory A -PO .
831 Park Ave PO Box TA]
Hamburg MN 55339
OMG Mitlwest Inc. tlba
Minnesota Paving 8
Materials
Plan Room
14475 Ouimm Dr
Knife Mver Corpora5an
Plan Raom
4]8] SM1atlow Wootl Dr NE
Sauk Rapids MN 5fi3]9
PM1ane 320-25$-2943
Duininck Inc
Project Manager
40$ 6[M1 St
P O Box 208
Prinsbu 5fi21H
l.
R & R E...-mg, Inc.
Brent Reiner
11IS Hwy 22 553
Hutchinson, MN 55350
6 6
�
ITEM DESCRIPTION
PM1ane 952-045-0fi15
t � tme6vanevpavme.com
PM1om 952dB1-2]20
wryM1�wmmuNler.com
Rogers MN 55188
Phone}fi3A28-0886
krcmn.subquc[es�kniferive
2 7
PM1ane 320-0}8-0011
PM1ane 320-5$]-fl.g
michelle(Arrexcavatlng.net
�
atmg nnpm.com
[arBLitluinnck.cwn
BIDPRICE BID TOTAL
BIDPRICE BIDTOTAL
BIDPRICE BIDTOTAL
BIDPRICE BIDTOTAL
BIDPRICE BID TOTAL
BIDPRICE BID TOTAL
BIDPRICE BID TOTAL
BASE BID
$529,812.75
$452,154.33
$477,116.20
$529,796.70
$533,610.65
$542,629.01
$665,916.76
DBE GOAL
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
0.00 %
BASE BID
LI
Q1IW-
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID PRICE
BID TOTAL
BID RICE
BID TOTAL
BIDPRICE
BID TOTAL
BIDPRICE
BID TOTAL
1 2021501
2 2101502
MOBILIZATION
GRUBBING
LUMPSUM
EACH
1W
1800
25000.DO
$22500
25 DID Do
05000
19000D0
2fi500
1900080
]7080
21 DDD D0
1500
21 DD000
8]O DD
....DO
135.00
oo 5008o
243080
0000.0o
Ull
OD0000
50000
30000.DO
21500
3000080
387000
39417fi5
110 DO
9417 fi5
1NOD.DO
3 2104502
4 2104.5035AWING
SALVAGE SIGN
Bol-fi IX15 PAVEMENTFUf1 DEPTH
EACH
LIN ET
300
2. DO)
$7500
$5.
22500
$130000
$4210
$63fi
12720
$1 fi53 Do
$40_Do
E3.Do
12000
$780 DO
$10U.00
V.
30000
$84500
A,I D0
$ADD
500
$2340 D0
voDo
$180
12000
S494.00
$4000
$190
120D0
$9. DO
5 2104.503
fi 2104504
REMOVE CURB B GUTTER
REMOVE BfTUMINOUS PAVEMENT
LIN ET
SO VD
I..
204.00
ZS
$20.00
0750
08000
3180
$3180
604200
fi48720
1600
E0.75
0400D
1]8500
1450
$20.00
275500
08080
3300
$3000
27000
120.00
10w
$1500
190080
Ofi000
3155
$3152
994.50
43D.D8
7 21114518
8 21 IS 507
REMOVE CONCHL I L WALK
COMMON EMBANKMENT P
SU EI
Cu YD
631.
50.00
$1 Do
$22.00
10654.00
$110000
$848
2370515
$42400
$115
E1050
12605
$52500
$18S
$53.00
]19145
$2 fi5080
$110
$800
223]340
.a DO
$1 Lh
$30.00
fifi5875
$150080
$100'2
$55 fi3
337654
$2 ]8150
9 210fi507
10 21 DO Call
EXCAVATION -COMMON EV P
EXCAVATION-SUBGRADE
CU YD
CU YD
535.00
60.
1600
$50.00
56000
00000
2332
$2332
1247620
139920
520
$5200
1883200
12000
1950
$48.00
10432.50
288080
22.00
$22.00
11,77000
132000
2300
$5080
1230500
300080
2]
E9743
16194.45
84580
11 21DB 504
12 2112604
GEOTEXHLEEABRICTYPE5
SUBGRADE PREPARATION
SOYD
SOYD
1E84.00
1E84.00
$225
$275
]89 D0
63180
$318
$2.
535512
0247E
E2.25
$180
]8900
93120
$4.00
$200
fi]3600
3,3fi880
$300
$225
05200
]8900
$250
$200
21080
3,3fi8 Do
E5.5]
$3.30
3]988
55720
13 -1 Sol
14 2232504
AGGREGATE BASE ClAS55 P
MILL BITUMINOUS SURFACE PROFILE MILL I COLD-125%CROSS SLID
CU-
SOYD
3.D0
2299700
JXI
$200
1692000
5994.00
3180
$075
1195E.80
11-(b
700
$177
1]6]200
D104.fi9
50.00
$115
1880080
0244.75
3D.00
$2.10
1128000
8293 ]0
55.00
$250
2D 68000
5]49250
23
E4.88
204648
1122253D
15 2232504
16 2331803
MILL BITUMINOUS SURFACE 125"
JOINT ADHESIVE
SOYD
LIN FT
1-00
11025.00
$250
$OBS
68000
$93]125
$2.
$0 fi0
33ab Do
$661500
$198
E0.5]
2A4 bS
E6284.25
$275
$O50
.1 Do
$fi 39450
$3.10
$060
56320
$661500
$200
$075
294400
$82fi875
$6
EO.fiO
10245.12
$6'1500
17 235750E
18 23E0504
BTUMINOUS MATERIAL FOR TACK COAT
TYPE SP 95 WEARING COURSE MIXTURE 2C 15'THICK
GALLON
Sp YD
2725.00
24469.00
ah
$1000
1090000
44090.00
81
$880
2725
21532720
4D
E6.70
11990.00
1288030
85
$1025
722125
2508072'v
001
$9 ]0
725
3]34930
300
$1052
817500
25741388
U1
E9.75
725
1410375
19 23fi0504
20 06[1509
TIDE SP 95 WEARING COURSE MIXTURE B 30'THICK
TIPS SP 125 BITUMINOUS M0(TURE ECR PATCHING
SO YD
TON
1403.00
20.D0
$20.00
$17500
8060.Do
$3500.Do
$2100
$m500
2946100
S450080
$2415
$235 DO
022.75
$4700.Do
$2400
$200.00
336(200
84 DD000
$22.5D
$185 DO
156750
So 700 DO
$232E
$32500
326. 78
$650000
Ep_1D
$S3375
82W.30
1101500
21 2504602
22 2506E02
ADJUST VALVE BOX
STEEL ADJUSTMENT RING 1114" T'DIAMETER
EACH
EACH
1200
300
JXI
$3?0.00
8D0.00
00
500
$30080
8-00
90000
1900
E29500
02800
73500
75 DO
$290.00
5700W
72000
5000
E35000
OD000
1050.00
37500
$TI500
50080
232500
048
E30000
11285 ]fi
ODO
23 2506fi02
24 25WD02
STEEL ADJUSTMENT RING1112"2T'DIAMETER
ADJUST FRAME AND RING CASTING
EACH
EACH
900
9W
$350.00
$-
"D.00
955 DO
$30080
Saw oo
270080
8,MO Do
E29500
$1210Do
20500
10,890.00
$290.00
$92500
21fi000
8,321.
E35000
$1 ono
150.00
00000
$TI500
$105000
fi9]500
9,4500,
E30000
E9fi0 D0
]DODO
640 DO
25 2531503
26 2563601
-CRETECURB ANDGUTTER DESIGN B618
TRAFFIC CONTROL
LIN FT
LUMPSUM
190.00
1JXI
JXI
$12000.00
760000
12000 D0
5035
$9010 Do
95fi650
901080
185
E96D000
1159950
960000
6700
$9hww
12 ]30.00
95DOW
80
$15000DU
16150.00
15000 D0
55.00
$8500 DO
1045080
85D080
12392
$850000
3544.80
5DO DO
27 25fi4.502
28 2571502
INSTALL SIGN
DECIDUOUS TREE 8'HT CONT
EACH
EACH
300
700
$250.00
$750.00
75000
25000
$212 DO
$755.00
fi3600
5,28500
S200.00
SOLD Do
fi0000
200 D0
$42500
$77500
1275Do
5,425.
$20000
$71000
DODO
97D.00
$20080
$57500
fiDD.00
92500
$200.Do
$500.D0
DODO
580.Do
29 25]1502
30 25]3502
DECIDUOUS TREE 2"CAL BBB
STORM DRAIN INLET PROTECTION
EACH
EACH
6W
51JX1
750.00
$200.00
500 D0
1020000
83080
$11000
498080
5fi1080
000
$1]500
60000
92500
850.00
$185.00
510a.00
943500
780.D0
E15000
68000
7650.0a
fi1500
$11575
369000
590325
]2500
$15000
Do
350.Do
7650.00
31 2573503
32 2574507
SEDIMENT CONTROL LOG TPE-FIBER
COMMON TOPSOIL BORROW L
LIN ET
Lum
2g580
248.00
$7.
$5D.D0
199500
$1240000
$450
SID Do
1 8250
$9994.40
$220
$47Do
2700
$11656.00
$3.75
$4701
1U6875
$116-
$300
$3B Do
55.
$942400
$3 fi0
IS Do
102E Do
$86 O80
$2
$8728
270a
$2164544
33 2575505
34 2575505
RAPID STABILIZATION METHOD 2
TURF ESTABLISHMENT
ACRE
ACRE
082
am
5000.0O)
$17000.00
160000
]8000
5300.0o
$901000
1fi9600
Ofi340
50000
b9 fi0000
DO DD
261.00
5200.00
$9000.00
1fifi480
3D6080
500000
$850000
160000
2890.00
24.
$1452000
77440
93680
250000
$960000
00
264.00
35 2582503
36 2582503
4'SOLIGLINEPAINT
4' BROKEN LINE PAINT
LIN ET
LIN ET
5530.DO
1160.
$1.
$165
718900
$191400
$a.
$039
188020
$394.40
.1
E082
17m
$3]120
$a.
$0.35
193550
$40600
.32
$0.32
176960
$3]120
$a.
$082
17fi9 Do
$3]120
$032
$0.32
1769.60
$3]120
37 2582503
38 2582503
12" SOLID LINE PAINT
24"SOLID LINE PAINT
LIN ET
LIN FT
351
151.
500
$7.
1]500
1057 D0
10
$530
17850
80030
80
$5.00
1So DO
755 DO
JXI
$5.25
17500
79275
80
$5.Do
16800
755.
80
$5.00
$1 SO Do
75500
80
E5.00
16800
75500
39 2582503
40
4" DOUBLE SOLID LINE PAINT
FP
LINET
SOFT
1640.W
$2.
$10 fD
28000
90000
$O 60
$345
111520
13455a
E0.64
$325
104960
126750
$065
$3 V1
10fi600
13fi500
E0.65
$325
1066.00
126750
$Ofi4
$325
1049 fi0
12fi750
EO.fi4
E325
104960
126750
41 2582518
CROSSWALK PAINT
`OFT
I 25200
I
B6940
25
1900
11 50
882.00
25
1900
325
819 DO
25
1900
TOTAL - LETTING NO. 21PROJECT NO. 22-02, 23-02 & 22-03
1 $529,812.75
$452,154.33
$477,116.201
$529,796.701
$533,610.651
$542,629.01
$665,916.76
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Public Hearing for Uptown Grand Sanitary Sewer Realignment (L5/P23-06)
Agenda Item:
Department: PW/Eng
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Mike Stifter
Agenda Item Type:
Presenter: Mike Stifter
Reviewed by Staff ❑�
Public Hearing
Time Requested (Minutes): 15
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff will be administering a Public Hearing for the Uptown Grand Sanitary Sewer
Realignment project. Attached for your reference are the project meeting notice, project area
map and project engineering report document with the current costs/funding estimations.
Following a brief project overview by City staff and possible public comments, staff will request
that the City Council move forward with the final preparation/approval of project
plans/specifications and the ordering of the advertisement for bids as referenced within the
attached Resolutions. The scheduled bid opening date is Wednesday, April 26th (11.00 AM).
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: New Bu
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
RESOLUTION NO. 15585
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 5/PROJECT NO. 23-06
WHEREAS, a resolution of the City Council adopted the 14th day of February 2023, fixed a date for a
Council Hearing on the following improvements:
2023 Uptown Grand Sanitary Sewer Realignment: Remove Sanitary Sewer line between
Glen St NW and Franklin St NW, North of 1 st Ave NW. Install new Sewer on Glen St NW,
1st Ave NW, and Franklin St NW. Reclaim and repave these streets.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.
2. Such improvement is hereby ordered as proposed in the resolution adopted the 14th day of February
2023.
3. Such improvement has no relationship to the comprehensive municipal plan.
4. Justin Black is hereby designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
5. The City Council declares its official intent to reimburse itself for the costs of the improvement from
the proceeds of tax exempt bonds.
Adopted by the Council this 14th day of March 2023.
Mayor: Gary Forcier
City Administrator: Matthew Jaunich
RESOLUTION NO. 15586
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 5/PROJECT NO. 23-06
WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications for the following
described improvement:
2023 Uptown Grand Sanitary Sewer Realignment: Remove Sanitary Sewer line between
Glen St NW and Franklin St NW, North of 1 st Ave NW. Install new Sewer on Glen St NW,
1st Ave NW, and Franklin St NW. Reclaim and repave these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby
approved.
2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper,
the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of
such improvements under such approved plans and specifications. The advertisement shall be published for
three weeks, shall specify the work to be done, shall state that bids will be received by the Director of
Engineering/Public Works until 11:00 am on Wednesday, April 26th, 2023, at which time they will be publicly
opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of
Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the
Council at 5:30 pm on Tuesday, May 23rd 2023 in the Council Chambers of the Hutchinson City Center,
Hutchinson, Minnesota.
Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to
address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the
Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified
check payable to the City of Hutchinson for 5 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 14th day of March 2023.
Mayor: Gary Forcier
City Administrator: Matt Jaunich
PUBLICATION NO. 8499
ADVERTISEMENT FOR BIDS
LETTING NO. 5/PROJECT NO. 23-06
TO WHOM IT MAY CONCERN:
Hutchinson, Minnesota
Dated:03/14/2023
The City Council of the City of Hutchinson, Minnesota, will receive bids at the Hutchinson City Center, Engineering Office,111 Hassan St SE,
Hutchinson MN, until 11:00 am on Wednesday, April 26, 2023, for the making of the following described local improvement:
L5P23-06: 2023 Uptown Grand Sanitary Sewer Realignment: Remove Sanitary Sewer line between Glen St
NW and Franklin St NW, North of 1st Ave NW. Install new Sewer on Glen St NW, 1st Ave NW, and
Franklin St NW. Reclaim and repave these streets, and
all in accordance with the Plans and Specifications on file in the Engineering Office.
Immediately following expiration of the time for receiving bids, the City Administrator and/or Director of Public Works/City Engineer will
publicly open bids, in the Council Chambers at the Hutchinson City Center. The Council, will consider said bids and responsibility of the
bidders during the Council Meeting at 5:30 pm on Tuesday, May 23rd, 2023 in the Council Chambers of the Hutchinson City Center.
The approximate major quantities of work involved are:
ITEM
Excavation Special (EV) (P)
Geotextile Fabric Type 5
Soil Stabilization Geogrid
Aggregate Base (CV) from Stockpile (P)
Type SP 9.5 Wearing Course Mixture (2, C) 1.5" Thick
Type SP 12.5 Non Wearing Course Mixture (2,C) 2.0" Thick
24" RC Pipe Design 3006 CL III
12" PVC Pipe Sewer
Construct Drainage Structure Design 4007
Lighting System
UNIT
QUANTITY
CU YD
1573
SO. YD
3391
SO. YD
3391
CU YD
1420
SO. YD
3391
SO. YD
3391
LIN FT
85
LIN FT
815
EACH
5
LUMPSUM
1
All bids shall be made on the Proposal Forms of the City and shall be accompanied by a cashier's check, bid bond or certified check, payable
to the order of the City of Hutchinson, Minnesota, for not less than five percent (5%) of the amount bid.
Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper.
Plans and Specifications are expected to be available 04/10/2023 Complete digital project bidding documents are available at
www.questcdn.com. You may download the digital plan documents for$40.00 by inputting Quest project #8421569 on the website's Project
Search page. Please contact QuestCDN.com at 952-233-1632-or info@questcdn.com for assistance in free membership registration,
downloading, and working with this digital project information.
An optional paper set of project documents is available for a nonrefundable price of $80.00 per set, which includes applicable sales tax and
shipping. Please make your check payable to City of Hutchinson and send it to Hutchinson City Center, Attn: Plans & Specs, 111 Hassan St SE,
Hutchinson MN 55350. Please contact us at 320-234-4209 if you have any questions.
In order to bid on this project, you must be a "registered" plan holder. To be a "registered" plan holder, you must purchase the digital
bidding documents from QuestCDN or purchase the paper set of the bidding documents from the City of Hutchinson. Any bids submitted by
contractors not on the Plan Holder List will not be considered at the time for opening of bids and will be returned to the contractor.
The City Council reserves the right to reject all bids and to waive any informalities and irregularities.
Matthew Jaunich, City Administrator
PUBLISH IN HUTCHINSON LEADER ON WEDNESDAY, APRIL 5TH, 2023 AND WEDNESDAY, APRIL 12TH, 2023.
PUBLISH IN FINANCE & COMMERCE ON WEDNESDAY, APRIL 5TH, 2023 AND WEDNESDAY, APRIL 12TH, 2023
HUTCNINSON
A CITY ON PURPosr
City Improvement Project Notice
Letting No. S/Project No. 23-06
2023 Sewer Realignment
(Uptown Grand development)
Informational meeting
Thursday, February 23, 2023
5:30 — 7:00 p.m.
City Center,
111 Hassan St SE,
Hutchinson, MN 55350
PROPOSED STREET IMPROVEMENTS
Hearing on Improvement
Tuesday, March 14
6:00 p.m.
City Center,
111 Hassan St SE
Hutchinson, MN 55350
Assessment Hearing
Late Summer/Fall 2023
The proposed realignment will remove the sanitary sewer line between Glen St and Franklin St
NW, North of I" Ave NW (crossing 125 Glen St NW and 126 Franklin St NW). It will then install
new sewer on Glen St, I" Ave, and Franklin Streets (see photo). The project will also reclaim
existing materials and eventually repave these Streets.
The area affected adjacent to your property has been identified as part of this project. Approval of
the project will be addressed in upcoming months. Actual approval and construction of this
project will depend upon funding limitations and action taken by the City Council.
Realignment of the Sewer is needed as it runs across 126 Franklin St NW, making redevelopment
of the site difficult. The age, depth, and condition of the current pipe is also questionable so
removal and replacement is recommended.
Work in the street will include reclamation of existing pavement, removal and realignment of new
sanitary sewer; grading and new bituminous pavement; some new concrete curb, gutter, and
sidewalk; and landscaping and restoration. The proposed improvements are similar to other
recent improvements, which have been an efficient, appropriate approach to reconstruction.
PROJECT COSTS & FUNDING
The project cost is estimated at $753,000, which includes amounts for construction, engineering,
administration and geotechnical testing. Funding for this project will be a combination of City
utility funds, funds from issuing an improvement bond and may include funds from special
assessments to abutting properties.
ASSESSMENTS
The City proposes to assess abutting properties a small portion of the total project cost. In
accordance with the City's Assessment Policy and Fee Schedule, the estimated assessment
amounts have been calculated for each abutting property. At this early stage in the project's
development, however, estimated assessments are subject to change.
Proposed Assessment Rates (per City Assessment Policy & Fee Schedule)
Total street construct/reconstruct (curb, storm, water & sewer) $90.00/adjusted frontage foot
Partial street reconstruction (curb, storm, water or sewer) $81.50/adjusted frontage foot
Partial street reconstruction (curb & storm) $73.00/adjusted frontage foot
Street rehabilitation (up to 15% curb, no utilities) $59.00/adjusted frontage foot
Mill/overlay (minor curb repair, street surface only) $33.75/adjusted frontage foot
Water service lateral $3,375.00/ea.
Sewer service lateral $3,375.00/ea.
■ Estimated Total Assessment for Typical City Lot (66' width)
o Partial street reconstruction (curb, storm, water or sewer): 66 LF x $81.50/aff* _ $5,379.00
■ Notes:
0 1. Methods and amounts of estimated assessments are subject to change.
0 2. Assessments allocated to properties over a 10-year term, with the interest rate
estimated at between 4% and 6%.
There are options for paying assessments up front. Certain property owners may be eligible to
defer their assessment. This will depend upon their age, a defined disability situation and/or
military service status, as outlined within Minnesota Statutes and City Policy. Additional
information regarding assessments is available from the City's Finance Department, City Center,
111 Hassan St SE.
MEETINGS, HEARINGS & PROCESS
This City Improvement Project Notice and the informational meeting are usually the first step in
the process. At the informational meeting, City staff will make a short presentation of the project
and be available the rest of the time to answer questions and address concerns. If you cannot
make it to the informational meeting, please contact City staff (see below) with your questions
and concerns. If necessary, City staff can meet with you individually, either at City Center or at
your property.
There are two formal hearings that will take place at a later time, including:
2
Improvement Hearing
The first official hearing, the Improvement Hearing, is currently scheduled for the City Council
meeting on March 14, 2023, at 6:00 p.m. The hearing includes a formal presentation of the
proposed project to the City Council. This meeting will be televised. Time for public input is
included and your comments are welcomed. If you contact us beforehand with questions or
concerns, those will be reported to the City Council at the hearing. Any written comments you
provide, either by letter or email, prior to March 7, will also be provided to the City Council at the
scheduled hearing.
This hearing does not mean that the project will be constructed. The hearing is the point at which
the City Council makes a formal decision whether to have City staff move to the next step of
completing the plans & specifications and soliciting bids for construction of the project.
Assessment Hearing
A second official hearing, the Assessment Hearing, would be called for after bids are received
(most likely at a regular City Council meeting in late Summer/Fall, 2023).
City staff prepares actual assessment amounts for each property and mails them out in advance of
the meeting. The assessment hearing provides property owners an opportunity to comment on
the merits of both the project and the proposed assessments.
The City Council will consider any questions, thoughts and concerns regarding the project or
associated assessment. The City Council will then decide whether to award a project contract.
Property owners may formally contest an assessment by providing a written and signed objection
letter. The objection letter must be provided to the City Administrator prior to or at the
Assessment Hearing. This action allows the property owner to appeal an assessment to District
Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the
Mayor or City Administrator within 30 days after the adoption of the assessment (typically the
Assessment Hearing date) and filing such notice with the District Court within ten days after
service upon the Mayor or City Administrator.
SCHEDULE & CONSTRUCTION ITEMS
Construction is anticipated to start in the late summer of 2023. During construction, there would
be times when access to your property is restricted. At other times, access may be limited. The
project, except perhaps for the final roadway paving, should be completed at some point late in
the fall of 2024 (weather dependent).
CONTACT INFORMATION
Please feel free to contact Mike Stifter, Public Works Director at 320-234-4212 or by email at
mstifter@hutchinsommn.gov or John Olson, Public Works Manager at (320) 234-4473 or by email
at Jolson@hutchinsommn.gov if you have any questions or concerns you would like addressed.
Please let us know if you would like to provide written feedback. We look forward to
administering a successful project process with you. Thank you for your time and consideration!
HUTCH114SON
PUBLIC WORKS AND ENGINEERING
City of Hutchinson
Public Works Department
Engineering
111 Hassan St SE
Hutchinson, MN 55350
FEASIBILITY STUDY & ENGINEERING REPORT
DATE: February 14, 2023
TO: Honorable Mayor & City Council members
FROM: Mike Stifter, Public Works Director
John Olson, Public Works Manager
PROJECT: 2023 Uptown Grand Sanitary Sewer Realignment
Having studied the following proposed improvement, Public Works staff finds that the proposed
project is feasible and recommend that it be constructed:
L5/P23-06 Remove Sanitary Sewer line between Glen St NW and Franklin St NW, North of
1st Ave NW. Install new Sewer on Glen St NW, 1st Ave NW, and Franklin St NW.
Reclaim and Repave these Streets.
ESTIMATED COSTS TOTAL
Construction Cost $ 564,809
Alt #1 $ 113,193
Engineering 108,492
Administration 33,889
TOTAL ESTIMATED COSTS $ 820,383
ESTIMATED FUNDING TOTAL
Assessments $162,681
Economic Development Funds $500,000
City - GO Improvement Bond
City - Water Funds $30,456
City - Wastewater Funds
City - Stormwater Funds $127,246
TOTAL ESTIMATED FUNDING $ 820,383
OL
145 4
135
� r
CEDAR AVE NW 135
' v 125
wf Abandon existing yr
125_ 1 sanitary sewer ..
216 a R -'i
115
� 14135
215 i s 'i• K i• { i
Yeµ � . �'•� �,.
Install new
sanitary sewer.ro
4f. a 45 i 45 36
031
now. 46 L MLj
10l3r2022. 4:03: 35 Pori
Jr
LGGIS, AdcLc�d u
Hutchinson Police Department
2022 Annual Report
Sworn to Protec4 Proud to Serve
D F/c� a
,P cFR To facilitate public protection from crime and provide
services that enhance the safety and quality of life and
t the community.
()LICE p
HUTCHINSON MN
Hutchins ' ^ent 110 Franklin St SW, Hutchinson MN 1 320-234-4290
https:Hhutchinsommn.gov/departmentsfacilities/police-services/
u
==
HUTCHINSON
TABLE OF CONTENTS
Message from Chief 3
About the Department 4
2022 Group A and B
5
Crime Statistics
Patrol
7
Statistical Information
8
Training
g
Investigations
10
School Resource Officer
11
Child Protection Officer
12
SWAT
13
Records Unite/Code
16
Enforcement
Hospital Security
17
Axon Body Camera/Fleet
18
Citizen's Police Academy
1g
Hutchinson Police Department Contacts
Police Chief
Thomas D. Gifferson.................... tgifferson@a hutchinsommn.gov
Lieutenant
Adam Ament................................ aament@ hutch insommn.gov
Sergeants
Eric Kilian .................................... ekilian@a hutcinsommn.gov
Joseph Nagel .................................. jnagel@a hutch insommn.gov
Ben Erlandson........................... berlandson@a hutchinsommn.gov
Alicia Nortrom........................... anortrom@a hutchinsommn.gov
Andrew Erlandson ..................... aerlandson@a hutchinsommn.gov
POLICE DEPARTMENT
10 Franklin St. SW— Hutchinson, MN 55350
Phone .................................................... 320-234-4290
Fax......................................................... 320-587-6642
Webslte - https://www.ci.hutchinson.mn.us/departmentsfacilities/police-services/
%]
Message from the Chief
To the Hutchinson City Council and Citizens of Hutchinson,
Once again, I am proud to present Hutchinson Police Services' Year End
Report. 2022 marked a third year of a slight decline in calls for service.
We answered 15,709 calls for service in 2022 compared to 16,329 in
2021.
Sir Robert Peel is considered to be the father of modern policing.
Peel's model includes nine policing principles. The seventh principle
generally states: "The police are the people and the people are the
police." What this means is the police are simply members of the
community who are paid to give full-time attention to the duties that
are incumbent on every citizen of the community to keep each other
safe and to prevent crime. We understand this duty is based on the
community's trust in us to provide that service and we strive every day
to earn the trust given.
One of the biggest challenges facing the police profession right now is hiring officers and retaining the officers we have.
I am happy to report Hutchinson Police Services' staff has been quite stable during this time. In 2022 we had one officer
resignation. We welcomed that same officer back to the police force later in 2022.
Construction of the new police station continued through 2022. We started with a bare lot at the beginning of the year
and ended the year with a substantially complete building. We look forward to its completion in 2023.
As always, your safety is our number one priority. We continue to be proactive in the prevention of crime to keep
Hutchinson a safe place to live and work.
Thank you,
Tom Gifferson
Police Chief
About the Department
Department Staff —As of December 315t, 2022
25 Sworn Officers 1.7 Civilian Staff
1 Police Chief 1 Child Protection Officer 4 Police Administrative
Specialists
1 Lieutenant 1 School Liaison Officer 1 Evidence Technician
4 Patrol Sergeants 1 Drug Task Force Agent 2 Part-time Patrol Officers
1 Investigative Sergeant 3 Full-time Hospital Security 1 Police Chaplain
12 Patrol Officers 7 Part-time Hospital Security
1 General Investigator 1 Community Service Officer
Fleet— As of December 31st, 2022
4
0 2 4 6 8 10 12 14
❑Marked Squads ❑ Unmarked Squads OSWAT Vehicles ®Trailer
al
2022 Crime Statistics
In 2021 the Hutchinson Police Department started reporting crime data to the Bureau of Criminal
Apprehension (BCA) with National Incident -Based Reporting System (NIBRS). NIBRS is used by law
enforcement agencies in the United States for collecting and reporting data on crimes. The BCA then reports
all NIBRS statistics to the FBI. Local, state and federal agencies generate NIBRS data from their records
management systems. In Group A Offenses there are 24 crime categories with 52 Offenses . Data is collected
on every incident and arrest in this group. In Group B Offenses, there are 11 offenses with only the arrest
information reported in this group.
Group A Offenses
•
Animal Cruelty
•
Arson
•
Assault
o Aggravated Assault
o Simple Assault
o Intimidation
•
Bribery
•
Burglary
•
Counterfeiting/Forgery
•
Destruction/Damage/Vandalism of
Property
•
Drug/Narcotic Offenses
o Drug/Narcotic Violations
o Drug/Narcotic
Equipment Violations
•
Embezzlement
•
Extortion/Blackmail
•
Fraud Offenses
o False
Pretenses/Swi nd I e/Co nfi
dence Games
o Credit Card/Automatic
Teller Machine Fraud
o Impersonation
o Welfare Fraud
o Wire Fraud
•
Gambling Offenses
o Betting/Wagering
o Operating/Promoting/As
sisting Gambling
o Gambling Equipment
Violations
o Sports Tampering
•
Homicide Offenses
o Murder/Non-Negligent
Manslaughter
o Negligent Manslaughter
o Justifiable Homicide
•
Human Trafficking
o Commercial Sex Acts
o Involuntary Servitude
Key Benefits of NIBRS —
1. Detailed, high -quality data that provides a more complete and accurate
picture of crime.
2. Additonal context to understand victimization and offending.
I Standardized data to compare crime
• Kidnapping/Abduction across jursiditctions.
• Larceny/TheftOffenses 4. Can be used fortactical or strategic
o Pocket Picking analysis at the local, state, and national
o Purse Snatching
o Shoplifting levels.
o Theft from Building
o Theft from Coin -
Operated Machine or
Device
o Theft from Motor
Vehicle
o Theft of Motor Vehicle
Parts or Accessories
o All Other Larceny
• Motor Vehicle Theft
• Pornography/Obscene Material
• Prostitution Offenses
o Prostitution
o Assisting or Promoting
Prostitution
o Purchasing Prostitution
• Robbery
• Sex Offenses (Forcible)
o Forcible Rape
o Forcible Sodomy
o Sexual Assault with An
Object
o Forcible Fondling
• Sex Offenses (Non -Forcible)
o Incest
o Statutory
• Stolen Property
• Weapon Law Violations
Group B Offenses
•
Bad Checks (Decommissioned
January zozz)
•
Curfew/Loitering/Vagrancy
Violations
•
Disorderly Conduct
•
Driving Underthe Influence
•
Drunkenness (Decommissioned
January zozz)
•
Family Offenses, Nonviolent
•
Liquor Law Violations
•
Peeping Tom (Decommissioned
January zozz)
•
Runaway
•
Trespass on Real Property
•
All Other Offenses
5
Group A Offenses
120
100
80
60
40
20
0 .. III
ea,a-t�A to �t�oao`t�ae �toko��a\t �aQJeao A o\ Q°eottJ
vao a�a�e.t�aQ� �a
t°o�
\��oo o
oo
oQ�a Ce
`e
.6�z0ee vo�5
Qc��Qtoto
5�
t� �o t� 5 e
\Qa PJ Oa t�oty
otae��e� Q ire kto Q5
Oey�t Oea. Lo ,fir
t
2022 ■ 2021
Group B Offenses by Arrest
All Other Offenses
Trespass of Real Property �.
Runaway
Peeping Tom (Decommissioned January 2022)
Liquor Law Violations IIIIIIIIIIIIIIEFm
Family Offenses, Nonviolent
Drunkenness (Decommissioned January 2022)
Driving Under the Influence
Disorderly Conduct
Curfew/Loitering/Vagrancy
Bad Checks (Decommissioned January 2022)
10 20 30 40 50 60
2022 ■ 2021
M
Patrol
The patrol division of the Hutchinson Police Department is the face of the department. Many community
members only ever have contact with a patrol officer, making their impact crucial to the integrity of the
department.
Our patrol officers interact with community members when they respond to calls for service, take reports on
incidents that have occurred, patrol neighborhoods, enforce traffic laws, and engage at community events.
Our patrol officers also conduct criminal investigations by interviewing victims and suspects, reviewing video
surveillance, and collecting evidence.
Our patrol officers are very well trained in many areas, including DWI detection and enforcement, mental
health crisis, first aid and CPR. They also work closely with businesses on shoplifting and fraud incidents.
The department has twelve full-time officers and two part-time officers assigned to the patrol division. This
area is led by four patrol sergeants.
During the 2022 year, officers arrested 28 people for DUI's. This
was only 2 less than the previous year. These DUI's are not all
alcohol related, some are the result of drugs. The Hutchinson
Police Department forfeited 2 motor vehicles and i ATV. The 4
vehicles forfeited were from DWI/controlled substances related
crimes and the ATV was forfeited as a result of fleeing from police.
Citations 730
511
Verbal Warnings 1662
1448
0 500 1000 1500 2000
■ 2022 ■ 2021
In 2022, officers responded to 261 crashes. There were
189 property damage crashes and 30 personal injury
crashes. Of the 261 crashes, 42 of them were hit and
runs.
D U I's
40
2022 ■ 2021
In 2022, officers initiated 2392traffic
stops.
There were about 420 less citations and
verbal warnings issued in 2021 than 2022.
It is important to note that not all
citations and verbal warnings issued are
from traffic stops.
Property Damage Crashes 1.89
Personal Injury Crashes 30
Hit and Run Crashes 42
7
Statistical Information
The Hutchinson Police
Department responds
to calls -for -service
twenty-four hours a
day and seven days a
week. The busiest
time frames for the
officers in 2022 were
iiam and 6pm.
CAD Calls -for -Service by Hour
900 825 827
800 706 759 711758 750 722 727 729 759
659 664
700 613 605 576
600 512
500 433 412
400
290 274 285
300 227204
200
1000 I I
M � Ln l0 r, 00 01 O ri N M
ri ri r-I ri ci ci ci N N N N
Calls by Month
1600
1375
1329
1400
1278
1253 1254
1191 1205
1144
1200
1046 1021
1075
1000
856
800
600
400
200
0
12�
O�'o�ec
�0 Oe
Friday was the
busiest day of the
week for calls for
service for the
Hutchinson Police
Department.
Thursday, Sunday,
and Monday were all
similar and behind
Friday with an
approximately 250
calls -for -service
difference.
January started out average
compared to all off 2022.
February was the lowest
month for calls -for -service.
Calls -for -service started to
trend up after February,
reached the highest in May
and July, then decreased
gradually after that until the
end of the year. There was a
small increase in December,
but nothing significant.
CAD Calls by Days of the Week
2500 2316
2020 1983 2066 2022
2000 1893
1727
1500
1000
500
0
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Training
Each year the staff of the Hutchinson Police Department participate in various trainings. These trainings
allow for staff to stay updated on all current policies, information, and technology within law
enforcement. The Minnesota Board of Peace Officers Standards and Training (POST) requires officers to
complete forty-eight hours of continuing education every three years in order to renew their POST
license. Emergency Vehicle Operations and Police Pursuits (EVOC)
Officers shall demonstrate the knowledge and skill needed to reduce criminal and civil liability when involved
in emergency and non -emergency vehicle operations mode. This training must be designed to give officers
both skill and decision -making ability so that emergency vehicle operations can be resolved safely and
successfully. This will be accomplished with a minimum of eight hours of training, which will include a
minimum of four hours of in -vehicle operation. Simulators may be used in addition to in -vehicle and
classroom training but will not be used to replace the minimum four hours of in -vehicle training. It is
recommended that simulator training be used for decision making training.
Field Training
The field training process is a 16-week, 64o-hour requirement for all new Hutchinson Police Department
officer hires. New officers must show progression injob performance and complete all four phases to pass the
field training process and become an independent officer.
Patrol Online (PATROL)
To help cities reduce losses related to police liability, LMCIT has developed PATROL —Peace Officer
Accredited Training Online. While PATROL delivers twelve new POST -accredited courses per year,
subscribers can earn more than forty POST credits per year when they also take PATROL training on POST
mandates for Use of Force and Crisis Intervention and Mental Illness Crisis; Conflict Management and
Mediation; Implicit Bias, and Community Diversity and Cultural Differences. PATROL helps officers stay
current on Minnesota legal issues and is based on Minnesota case law. Content is developed with input from
police liability experts, insurance defense attorneys, and local law enforcement agencies. Each month, a new
course is available for one POST credit.
Additional Training for 2o22:
• 2022 BCA Criminal Justice Users Conferences
• 2022 LMC Workshop Peer Support
• 2022 LMC Workshop Police
• Advanced Data Practices Training
• AXON Academy
• Background Investigations for Public Sector
• Basic SWAT
• Body Worn Cameras - Legal Issues
• City of Hutchinson Safety Training
• DMT - Certification/Recertification
• First responder Recertification
• Handgun/Rifle Qualification
• MN Criminal Interdiction Training
• De-Escalation/Intervention Strategies for Persons in a Mental Illness
Crisis/Crisis De-escalation Techniques for Community Safety
• Officer Safety Searches - 2022 Updates
• Police Response to Active Shooter Instructor
• Safe Senior Programs
• Serving Those with Autism Spectrum Disorder
• Shoot House Instructor Certification
• Special Operations and Tactics Association (SOTA)
• Special Response Team (SRT)
• Standard Field Sobriety Training/ARIDE Training
• Taser Recertification
• Vehicle Searches - 2022 Updates
• Youth Mental Health First Aid USA
z
Investigations
The Hutchinson Police Department Investigations units is comprised of five licensed officers and one
Evidence Technician. This unit is supervised by a Sergeant. The four officer positions within the
investigation's unit are the School Resource Officer, Drug Task Force Officer, Juvenile/Child Protection
Officer, and General Investigator. All of these positions are rotating assignments which allows all officers to
gain valuable investigative experience.
The Investigations unit offers valuable support to the patrol
officers by following up on investigations that require more time
than the patrol officers can give to an incident. The
investigations unit is able to spend more time gathering
information from witnesses, suspects, and the courts to help
solve the crime.
The General Investigator position assists the patrol staff with
more complex investigations. The General Investigator also
works with social services and specializes in working with vulnerable adult cases.
The Drug Task Force position is with the Southwest Metro Drug
Task Force. This position works with other counties and cities in
drug related incidences to get as many illicit drugs and guns off the
street as possible.
EVIp� C_E'
C��}SH W�
_ eK-rcTR rj�—
- C
�RUG�iA��
The
Evidence Technician position maintains the
collection of all the evidence and property
entered into the evidence/property room by the
officers. This position also sends evidence to the MN BCA for lab testing for DUI's, drugs, and fingerprinting.
The Evidence Technician also properly stores and preserves all evidence for future investigations and past
investigations.
10
School Resource Officer
The Hutchinson Police Department is contracted with the Hutchinson School District for the School Resource
Officer. The School Resource Officer position is a four-year rotating position within the police department.
The School Resource officer works closely with the Hutchinson High School and Hutchinson Middle School
staff and students.
The School Resource Officer has an office within the
Hutchinson High School and is in the school buildings daily
from 7am to 3pm. The relationship the School Resource
Officer builds with the staff and students is a great asset for the
Hutchinson School District and the Hutchinson Police
Department.
There was a total of
298 calls for service
at all the schools in the district in 2022. There were 11g incidents
at the High School, 74 at the Middle School, 67 at Park
Elementary, 21 at Tiger Elementary and 17 at West Elementary.
Child Protection Officer
The Child Protection Officer is a position that works closely with McLeod County Social Services on a daily
basis. This is a close relationship that we have determined works best to help children and families in the City
of Hutchinson. The Child Protection Officer is a five-year position in the Investigative Unit.
No Specific Allegations
Abuse/Neglect
Drug/Alcohol Use
Abuse/Sexual
Abuse/Physical
Abuse/Emotional
Child Protection Incidences
0 10 20 30 40 50 60 70 80 90 100
The Child Protection Officer also works closely
with the BCA and the predatory offender
compliance program. This position assures that
all the predatory offenders within the city of
Hutchinson remain compliant with the BCA.
SWAT
The Hutchinson Police Department's Special
Response Team (SRT) partners with the McLeod
County Sheriff Department's Emergency
Response Unit (ERU) to provide officers for
tactical response services. Thejoint tactical team
operates under the team name, Crow River
SWAT. Officers selected to the team receive
advanced training to respond to situations
needing high -risk warrant services, crowd
control, hostage negotiation, snipers, and critical
incidents.
The Hutchinson Police Department's SRT'.
includes highly trained officers who use
specialized weapons and tactics to handle hi h- r�
P P 9
risk situations beyond the scope of the patrol and
investigative divisions. Examples of situations for
which the SWAT team would be used include high -risk arrests and warrants, barricaded and armed suspects,
hostage rescue, crowd control, dignitary protection, and disaster response. The team's primary goal is to
resolve situations as safely as possible for everyone involved.
Crow River SWAT has approximately ten officers from each department on the team. The team also includes
a separate crisis negotiation team that works with the tactical team to safely resolve these critical incidents.
Officers selected and assigned to the team train one day per month on skills and equipment special to the
tactical team's mission. In order to be selected, officers need to have been an officer for a minimum of two
years, pass the physical fitness assessment, show proficiency with firearms and defensive tactics skills, and
have exhibited sound emergency response skills as a patrol officer.
1 13
�iy�►�:Leil�:II
High Risk Calls
March 8, 2022
ii000 block 1901h St (Silver Lake)
Deputies were called to a residence on a vehicle stuck in the ditch. Upon gathering further information, the
driver of the vehicle was possibly stalking, violating a protection order, and making threats. The suspect had
previously made homicidal threats. Several officers responded to assist under mutual aid. The suspect was
ultimately located after an approach plan was made by responding officers. The suspect was taken into
custody.
May 11, 2022 Silver Lake/Hutchinson area
Officers/Deputies assisted the Lower Sioux Social Services in removing a child from a custodial parent with
several felony warrants. The suspect had a history of fleeing, obstruction, and assault. There was concern the
child was in danger. A plan was made with officers/deputies to avoid a pursuit and physical altercation as much
as possible to protect the child and public. A negotiator worked with Social Services and the suspect's family
to communicate with the suspect. They were able to meet in Hutchinson. The suspect was taken into custody
and the child was removed safely.
May 12, 2022 l0000 block Hwy 22 (Glencoe)
Officers/Deputies assisted with a search warrant on a suspect. The suspect was a convicted felon, Outlaw
Motorcycle Gang member, and was believed to be in possession of an assault rifle and ammunition. A tactical
briefing was done priorto executing the warrant. The warrant was served and a rifle was recovered. The suspect
was not home at the time. The suspect was arrested later in the metro area.
August 1, 2022 Assist Meeker County
Crow River SWATwas called to a rural address south of Dassel on a barricaded suspect. The suspect threatened
family and fired a shot out of the house with a firearm. The suspect is ineligible to possess firearms. The suspect
would not come outside and threatened to kill law enforcement. SWAT teams from Kandiyohi and Wright
County also responded. Negotiations were established in an effort to get the suspect to surrender, but he
refused. The incident lasted several hours. Eventually several rounds of tactical chemical were fired into the
residence in order to get the suspect to surrender. During the incident the suspect fired several "blind" shots
out of the residence in the direction of officers outside. The suspect fortified a bathroom upstairs. Eventually
the tactical chemical was able to penetrate the fortification. The suspect surrendered after nearly 24 hours.
September 10, 2022 Assist Sibley County
Winthrop PD called for assistance. They had an individual barricaded in his home with several firearms. The
person was in mental health crisis. Crisis Negotiators were called to assist with speaking to the person in an
effort to get them help. Tactical officers did not respond ultimately since no crime was committed.
14
November 2, 2022 Assist Homeland Security
Crow River SWAT assisted Homeland Security with the execution of a search warrant in rural McLeod County.
This operation was in response to a federal investigation involving catalytic converter thefts. There were
several warrants executed simultaneously across the country. Several of the suspects had gang affiliations and
were involved in illegal firearm trading/possession. The residence in McLeod was secured with the assistance
of Crow River SWAT and turned over to investigators once deemed safe.
December 12, 2022 Assist Sibley County
Sibley County called for assistance with a male barricaded with a handgun. Officers responded to a medical call
at a business in Gaylord. When the officer arrived to assist, they observed the person with a handgun. He
threatened suicide. A perimeter was established to protect innocent civilians. Complicating matters, the
subject was barricaded in a semi -truck at an industrial business with several workers inside. There also was an
elementary school across the highway full of students. Both places were placed on a preventative lockdown.
Some tactical officers and negotiators responded in the armored vehicle. Ultimately, the subject surrendered
peacefully.
December 14, 2022
This incident is still under investigation.
Assist Sibley County
15
Records Units
The records units for the Hutchinson Police Department
consists of four full-time employees. The records unit has a
variety of tasks and assists the Chief, Lieutenant,
Investigations, and patrol officers with daily duties. The
records unit answers phone calls from the public and assists
the citizens who come into the lobby of the police
department. Citizens come into the lobby for a wide
variety of reasons, but most common are records requests,
animal licenses, and fingerprinting.
Public Records Request
604
Permit to Purchase/Conceal Carry
Background Requests from Other
Agencies
424
Other Agency Background
Requests (Social Services,
Probation, Housing and
Redevelopment Authority)
155
The records unit is an intricate and vital part of the police
department. They ensure reports are processed properly and sent to the City of Hutchinson and McLeod
County Attorneys for charges on offenders. They handle the dissemination of officer's reports to social
services, probation, and citizens who request data. They also complete public data requests, permit to
purchase handgun applications, monthly statistical data reports to the State of MN, the billing for the police
department, the annual police report, and ensure everyone in the police department is current on their
required training through the BCA.
Code Enforcement — Nuisance
Property
The Hutchinson Police Department has a Code Enforcement Officer who is assigned to all the nuisance
properties in the City of Hutchinson. The Code Enforcement Officer is a three-year rotating position. This
position maintains the files and speaks to the property owners to try and get the properties in compliance
with City of Hutchinson Ordinances. The Code
Enforcement Officer also does random checks on these
properties to try and determine if work is being performed
to get these properties in compliance. If the properties are
brought into compliance, the officer will closeout the
report. If the properties are not brought into compliance
within the agreed amount of time, the Code Enforcement
Officer then issues a citation or sends a report to the City
of Hutchinson Attorney requesting charges against the
owner.
Open Nuisance Properties
39
33
10
■
2022 2021 2020
Hospital Security
The Hutchinson Police Department has three full-time hospital security officers and five part-time hospital
security officers. The contract between the Hutchison Police Department and Hutchinson Health went into
effect in zo13. This contract provides for a security officer to be on hospital grounds 24/7. The security officer
has a variety of job duties while out at the
hospital and is a great liaison between the
Hutchinson Police Department and Hutchinson 4*)
o Hutchinson Health
Health Employees when assistance is needed.
1300
1250
1200
1150
1100
1050
1000
HealthPartners-
Hospital Security Calls -of -Service
1112
1285
2022 2021 2020
1 17
Axon Body CameraslFleet
The Hutchinson Police Department implemented Axon body cameras in 2o16 with a donation from a local
area business. This was a great push in getting AXON body cameras for every officer in the department.
Hutchinson Police Department policy states that officers must have their body cameras recording during any
interaction they are dispatched to or come upon.
Categories
Total Uploads
Number of Videos
20746
Hours of Videos
4142.96
GB of Videos
7143.04
Active AXON Evidence
Number of Active Videos
12894
Hours of Active Videos
2953.87
GB of Active Videos
5093.67
Average Per Day
Number of Videos
Uploaded
56.84
Hours of Video Uploaded
11.35
GB of Video Uploaded
19.57
Files GB % Files % GB
Report
14751
3633.53
68.49
69.74
Traffic Stops
4648
967.15
21.58
18.56
No Action Take
1856
527.15
8.62
10.12
Accidental Recording
166
48.61
0.77
0.93
Critical Incident
69
18.25
0.32
0.35
Uncategorized
34
13.70
0.16
0.26
Training
7
0.34
0.03
0.01
Officer Injury
1 4
1 1.48
1 0.02
1 0.03
Administrative (Supervisor Only)
1 1
1 0.04
1 0.00
0.00
Citizens Police Academy
The original concept of the Citizen Police Academy (CPA) came from Great Britain, where the United
Kingdom (UK) Constabulary designed a program to give citizens an overview of British law enforcement
operations. Known as "police night school" when it began in 1977, the program was an immediate success.
The Hutchinson Citizen Police Academy (CPA) is a community oriented policing program that is conducted
once a year in order to accomplish three goals:
• To allow citizens of Hutchinson to meet the men and women who serve them.
• To educate in the "how's and why's" of law enforcement.
• To provide Hutchinson Police Officers the opportunity to meet and hear from the citizens they serve.
The Hutchinson Citizen's Police Academy is ten weeks long and generally runs from January to March. CPA
Participants are given a realistic view of the Hutchinson Police Department. A wide variety of topics are
discussed: department history, organizational structure, police officer selection and training,
communications/records, tools and equipment, officer survival, patrol procedures, DUI and traffic
enforcement, use of force or deadly force, arrest procedures, handling of traffic accidents and criminal
investigations, gangs, pursuit driving, chaplain program, crime prevention, critical incidents, youth issues and
liaisons, reserves/volunteer services, and a myriad of other law enforcement subjects. In addition,
opportunities to tour the police department and ride along with a police officer are provided to CPA students.
Our last academy was in 2021 and had six community members attend.
POLICE
CITIZENS POLICE ACADEMY
19
c HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Resolution #15577 Transferring from the General and Community Improvement Funds
Agenda Item: to the Capital Projects Fund
Department: Finance
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
On January 11, 2022, the city council approved the low bid of $2,536,381 for roof and facade
improvements at the civic arena's east rink. At the time of approval, it was explained to the
council that the City's Facility Plan did not have sufficient funds to finance the project and that
other reserve funds would be needed to fill the funding gap.
The project was substantially complete at the end of 2022 and analysis by the Finance
department shows that $1,300,000 needs to be transferred from reserve funds into the Facility
Plan (within the Capital Projects fund) to cover the gap in project costs. This funding will
essentially provide the Facility Plan with a net zero balance at the end of 2022. The Facility Plan
receives annual funding of $700,000 from the City's LGA dollars.
I've attached after the resolution an analysis of current reserve funds and the impact of funding
the Civic Arena roof project in addition to the final funding for the new Police Facility. I think it's
important that we look at both projects when considering the use of reserve funds. We must also
consider the impact that using reserves may have on the City's bond rating. The General fund
reserves are most critical in the eyes of the bond rating agency and it's my belief that a 55% fund
balance is very healthy after funding this project. I've attached some information after the
resolution that may be helpful with this decision.
BOARD ACTION REQUESTED:
Approve Resolution #15577
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source: N/A
Remaining Cost: $ 0.00 Funding Source: N/A
CITY OF HUTCHINSON
RESOLUTION NO. 15577
TRANSFERRING FROM THE GENERAL AND COMMUNITY IMPROVEMENT FUNDS
TO THE CAPITAL PROJECTS FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
WHEREAS, City Council approved the bid in the amount of $2,536,381 for roof and facade
improvements at the City's civic arena ("Project").
WHEREAS, the project was substanitally complete ay the end of 2022.
WHEREAS, the City's Facility Plan within the Capital Projects Fund has a funding shortfall of
$1,300,000 related to the Project costs.
NOW, THEREFORE, be it resolved that the City Council of Hutchinson, Minnesota approves the
transfers shown below, effective December 31, 2022, to finalize the funding of the Project.
$800,000 Community Improvement Fund to Capital Projects Fund
$500,000 General Fund reserves to Capital Projects Fund
Adopted by the City Council this 14th day of March 2023.
ATTESTED:
Matthew Jaunich
City Administrator
Gary T. Forcier
Mayor
Community Improvement fund
Capital Projects fund (see below)
General fund - excess over 50% FB
Totals
Resolution
#15577
12/31 /2022
Unreserved
Funding for
Adjusted
Balances
C.A. Roof Project
Balance
$2,650,000
(800,000)
1,850,000
($444,187)
1,300,000
855,813
$1,240,258
(500,000)
740,258
$3,446,071
$0
$3,446,071
1213112022
Revised
Capital Projects fund
Cash Balances
Adjustment Cash Balances
Facility Plan
-$1,300,000
$1,300,000 $0
Playground Replacements
$69,016
$69,016
Misc Infrastructure Maintenance
$162,270
$162,270
Planning Funds
$204,755
$204,755
Police & Fire Donations to be spent
$254,835
$254,835
Burich donation for river fountain
$50,000
$50,000
Other
$26,700
$26,700
Unreserved
$855,813
$855,813
Total
$323,389
$1,300,000 $1,623,389
2023 Final Funding for Police Facility Project
Estimated
Estimated
Final Funding
Adjusted
Sales Proceeds
Adjusted
Police Project
Balance
Old PD & EEOC
Balance
(1,564,000)
286,000
900,000
1,186,000
(500,000)
355,813
355,813
740,258
740,258
($2,064,000)
$1,382,071
$900,000
$2,282,071
ral fund balance 12/31/2022 (est) $8,417,476
Budgeted Expenses $14,354,436
Balance % 58.6%
40% Working Capital requirement $5,741,774
10% for Emergencies / Tax Levy Stabilization $1,435,444
Unreserved Fund Balance $1,240,258
Less: C.A. Roof funding ($500,000)
Adjusted Unreserved Fund Balance $740,258
Adjusted Fund Balance % 55.2%
HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A, CITY ON PUFIPOSE.
Agenda Item: Burich Arena - East Rink Gutter/Downspout Drainage Project
Department: PRCE - Burich Arena
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Lynn Neumann
Agenda Item Type:
Presenter:
Reviewed by Staff ✓❑
New Business
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The Facilities Committee has discussed the Burich Arena - East Rink Gutter/Downspout Drainage Project and
recommends this work be completed this spring. This project will connect the North side roof gutters/downspouts to
underground piping leading to the existing storm sewer in the parking lot. It will also add underground drain tile along
the building.
Included in the packet are the plans and specifications for the project that ISG created. City staff has received price
quotes from two contractors with the low bid coming in at $69,995. Included in the packet are the quotes received
from Hjerpe Contracting and Juul Contracting.
City staff obtained two bids for the identified project:
Hjerpe Contracting, Inc - $69,955.00
Juul Contracting Co. - $72,477.80
This project will be funded as part of the original Burich Arena roof and sidewall replacement project and out of the
Facilities Fund. The Facilities Committee recommends to pursue city council approval for the identified project.
City staff will be available at the meeting to answer any additional questions.
BOARD ACTION REQUESTED:
Request council approval to approve Burich Arena - East rink gutter/downspout drainage bid and to authorize staff to
work with Hjerpe Contracting, Inc for the drainage project.
Fiscal Impact: $ 0.00 Funding Source: Facilities Fund
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 69,995.00
Total City Cost: $ 69,995.00 Funding Source: Facilities Fund
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON
BURICH ICE ARENA
HUTCHINSON, MINNESOTA
ISG PROJECT # 24450
SHEETINDEX
LEGEND
�
1111ESHEE-
-� --
P0.0PERtt LONNE
W
' 1.+-1r
'am 'FF
_.
,. { I F p �}
Cl-10 ERO SION COMROLNOTES
C1.11 EHOSIONCONT-NOTESNNDDETNLS
C1-40 ERMONCONTROLPIAN
CS-0 EXISTING SITEAND REMOVAL PLAN
C 10 SFEANDUIILRVPUN
C3-10 UTILITYPROFILE
�5
—
Ai\
5y�
AN
EwEawxrmw -ElMart Rsp - ! rP
spy'..:, HUTCHINSON
h PROJECT LOCATIONER
l
ouom
GRI0HnI0Rl R
r rs iglN ,
y La 5 j,.•.
.
r=o.aH.
r"x co ssxr.
amr
CITY OF
HUTCHINSON
,- --r J�y1,� ` ,E 2 X.'ai
N
( T 1
i ��°
IALVET�
_
EI vv I-
PROJECT GENERAL NOTES
o
urun awEsruwxexEr
lUm
BURICH ICE
PROPOSED
_
aGMOFWAV
usEMEHt
B4ERIBP-DIH1
E R(PIPEwmm)
LOCAl10NMlIP
ABBREVIATIONS:
iwt urns oxu n[ cw war
'W"" x u,or0 j°ry ouxo
exoirEmmroxsaxormxownx,m
z. coxmncroomusxrsswississummus
.wecoxmwrwserzxsrrusxuccxmonoxw r. uioissiuivausrusswzesa,ccrrvuvvttuw
couass,sssrsix ommrouxsysmssuusx,sxr saou sx„orxmmnvoiowuvrxc m,uosiox.
Hunk
ARENA
HUTCHINSCN MINI —TA
vsvisioxsc„muss
�°:
0I0"uNrm,
PROJECTINDEX:
"
°""x
OWNER:
PROJECT
ADDRESS /LOCATION:
MANAGING OFFICE:
saEcirirAnoxs xEEnENce
B.M. ELEVATION=1069.9F
E
HUTCHINSON PARKS,
RECREATION AND COMMUNITY
BURICH ICE ARENA
950 HARRINGTON STREET SW
®
.,xxsso.„x,x xx,,,s o,xsc,Ex sm NnRRwerory sraxoscRnoE Roao
TITLE SHEET
EDUCATION
MARVHAUGEN
HUTCHINSON, MINNESOTA 55350
'
115 EAST Hoar STREET
900 HARRINGTON STREET
HUTCHINSON, MINNESOTA 55350
320.567.2975
ONE. saT�iersu50i
i M.
tick o.oar.���o�x,„,.,xa=r�==.
y0-7 U
JF�
NOTES:
o�
o ���wEo.�.«.�.RaaExw�xFaworcua
B61B
CONCRETE CURB & GUTTER
OPTION 1
OPTION 2
SUBDRAIN CLEANOUT
°kN9
VERTICAL RAIN LEADER
TRENCH WIDTH
PIPER 1RENCHWIDTI
NOTES:
ET
NON-CONCRE
STORM DRAIN PIPE BEDDING
IN
. rvesuu w
CITY OF
HUTCHINSON
BURICH ICE
ARENA
SITE DETAILS
CO-20
OF -ND o_
I -El
CITY OF
HUTCHINSON
BURICH ICE
ARENA
EROSION
CONTROL NOTES
cl -10
SILT FENCE SEDIMENT CONTROL LOG STAKING
CITY OF
HUTCHINSON
BURICH ICE
ARENA
_Fl
EROSION
STREET CONTROL NOTES
_INLET PROTECTION AND DETAILS
cl A I
EXISTING BUILDING
FFE=10 51
EROSION CONTROL LEGEND
N
CITY OF
HUTCHINSON
BURICH ICE
ARENA
___K__(m-«___
R
aA�
-51
EXISTING BUILDING
FIFE =1064.51
.�I
REMOVAL LEGEND
f
! \ CITY OF
�! HUTCHINSON
BURICH ICE
ARENA
O
EXISTING SITE
\� AND REMOVAL
PLAN
srorsx oxux smuc�uxe scxeouLe UTILITY LEGEND
—IG um —__ _--
�i
Z STORM DRAIN PIPE SCHEDUI-E
__—
f
PAVEMENTLEGEND
q-AT- pu B¢t Pxl CLLV Gx xx6,1
.P�
R \.`4`�� duossnt � �rtmui
na0nx cMvoia�wwswrciaxr
o-r�rroo�
i00�0��7�/�//%//���/ axn�nr� ..,. w3G°iw
all
44
... ... ., CITY OF
HUTCHINSON
BURICH ICE
_. -- ---
-- --- « °«---- ARENA
EXISTING BUILDING N
o�wrrwo,rz.xa
FFE=1064.51 .. *>�
j SITE AND UTILITY
PLAN
C3-10
=RE1055
ewmm—--------------------------------- -------------------------------- ------------------------------------------------------- -----------1ou loos
1ao loos
smm I
----E —ND
I —El
CITY OF
HUTCHINSON
BURICH ICE
ARENA
ME=
UTILITY PROFILE
C3-20
Hjerpe Contracting, Inc.
16246 Hwy 15 S.
PO BOX 517
Hutchinson, MN 55350
Bid Proposal & Contract
Date Proposal #
[-1/5/2023 3628
City of Hutchinson PRCE
900 Harrington St. SW
Phone #
Fax #
E-mail
Hutchinson, MN 55350
320-234-8305
320-234-7305
kurt@hjerpecontracting.com
Terms
net 30
Description
Qty
Rate
Total
Bid for East Rink Arena downspout drainage as per plan approved 10/27/22
Furnish and install storm drain inlet protection per each
6
120.00
720.00
Furnish and install perimeter control ( biolog) per If
460
3.00
1,380.00
Remove Concrete Pavement Per SF
1,600
2.00
3,200.00
Remove Concrete Curb & Gutter & 2' wide bituminous per LF
30
10.00
300.00
Saw Cut per LF
170
5.00
850.00
Connect to existing storm sewer per each
1
750.00
750.00
Furnish and install PVC Drainage Basins per each
3
2,600.00
7,800.00
Furnish & Install ST-4, 10" Sewer Cleanout per each
1
2,300.00
2,300.00
Furnish and install 10" SCH40 PVC Storm Drain Pipe per If
361
65.00
23,465.00
Roof Drain Connections per each
13
960.00
12,480.00
Furnish and install 6" SDR35 PVC Perf Pipe with sock per If.
340
14.00
4,760.00
Furnish and install 6" Draintile Cleanout per each
4
250.00
1,000.00
Replace concrete side walks per job
1
10,950.00
10,950.00
Thank you for the opportunity to bid your work.
Total Bid Price $69,955.00
Upon signing below, both parties agree to this bid proposal.
Date:
Accepted By:
Date:
Accepted By:
ESTIMATE
Juul Contracting Co.
Po sox 189
Hutchinson MN 55350
Office (320) 587-2989
Merrill (320) 583-8741
Adam (320) 583-5486
Fax (320) 587-0964
Email juulcont@hutchtel.net
Date:. /A • '7 'Ze=-- Phone:
Location:
Customer Name: ( , /:I o -f k.
- - --
Billing Address:
City, State, Zip:
Description: bro Roil 4.r
2.Sa
lisa.ao
0-8 - I01,cr ?r 0
&A
1
274.0
RixVnPV� 0'an r 0
672-8 4-V
J.yU
SBoo
2 L f=
Sov
7�O.mo
R, ei�� G
GS
Sa57Som
IZ.e- C914 4, r
12Oa.�+d
/0 ` PVC, Sa! Vo
. r rd G r
mz,
is .. /5-0 OL
Z. C Q
290.06
Scd "
rc A NO
40 0 L r.
(o " 5f,h 4
fSyek 3V0e--P
& ` I/S"a s
A4�,d
AQ.go
�1p.nd
r `. xr?.� +� •c� +.. �
1Zf ��' r /'-iL <.-
17. 2b
2 y0. �D
4-" 4E0 14A4F-rFfA Zoo
Imo' to Atu e.
'119.00
Zr,q 3or7a
glo oc
Go.o.
THIS ESTIMATE IS FOR COMPLETING THEJOB AS DESCRIBED ABOVE. IT 15 BASED ON OUR EVALUATION AND DOES NOT INCLUDE
MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH MAYBE REQUIRED SHOULD UNFORESEEN PROBLEMS
OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED.
YOU WILL BE INVOICED WHEN THEJOB IS COMPLETED. PAYMENT IS DUE UPON RECEIPT OF THE INVOICE FINANCE CHARGE OF 1.5%
PER MONTH (18% ANNUALLY) WILL BE CHARGED ON OU7STANDING BALANCES OF MORE THAN 30 DAYS.
Accepted By:
luul Contracting Co. Representative:
Date:
ESTIMATE
Juul Contracting Co.
PO Bog 189
Hutchinson MN 55350
Office (320) 587-2989
Merrill (320) 583-8741
Adam (320) S83-5486
Fax (320) 587-0964
Email juulcont@hutchtel.net
Date: _ Phone:
Location:
Customer Name:
Billing Address:
City, State, Zip:
Description: ews I 445'4. a(, `i K0o.06
Zoe-
d. S
/y 71 7"
0—i-PA, Ow'r �?gf 1SD.4 - f'900.oG
gDc- ss-- 4ao yo
THIS ESTIMATE IS FOR COMPLE77NG THE JOB AS DESCRIBED ABOVE. IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE
MATERIAL PRICE INCREASES OR ADI)MONAL LABOR AND MATERIALS WHICH MAYBE REQUIRED SHOULD UNFORESEEN PROBLEMS
OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED.
YOU WILL BE INVOICED WHEN THEJOB IS COMPLETED. PAYMENT IS DUE UPON RECEIPT OF THE INVOICE FINANCE CHARGE OF 1.5%
PER MONTH (28%ANNUALLY) WILL BE CHARGED ON OUTSTANDING BALANCES OF MORE THAN 30 DAYS.
Accepted By: Date:
Juul Contracting Co. Representative:
c--. HUTCHINSON CITY COUNCIL
HUTCHINSON Request for Board Action
A CITY ON PURPOSE.
Agenda Item: City Center Parking Lot Replacement
Department: City Center
LICENSE SECTION
Meeting Date: 3/14/2023
Application Complete N/A
Contact: Jeremiah Verhey
Agenda Item Type:
Presenter: Jeremiah Verhey
Reviewed by Staff 0
New Business
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The Facilities Committee has discussed the The replacement of the City Center parking lot. This project has been on
the CIP for a number of years and delayed due to other project priorities. Project was reviewed by city engineering
staff and a request for quote was made to two contractors whom have provided service to the City of Hutchinson prior.
Both estimates are attached. WM Muller was the lower of the two quotes at a price of $93,565.00 we would request in
addition an 5% contingency($4,678.00) for any unforeseen soil corrections. Previous budget numbers had been
estimated much higher and after review by facilities committee feel this is appropriate time to complete this project.
The Facility Committee request Mayor and council approval.
City staff will be available to answer questions.
BOARD ACTION REQUESTED:
Request council approval to approve City Center Parking Lot Replacement
Fiscal Impact: $ 0.00 Funding Source: Facilities fund
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $93,565.00
Total City Cost: $93,565.00 Funding Source: Facilities fund
Remaining Cost: $ 0.00 Funding Source:
SECOND AVENUE
ROAD CONTRACTORS M U EIL 1 831 PARK AVE P.O. BOX 247
AGGREGATES Ell HAMBURG, MN 55339
BITUMINOUS PAVING PHONE 952-467-2720
BITUMINOUS MATERIALS EMAIL: info@wmmueller.com
HAMBURG , M N
PROPOSAL AND ACCEPTANCE
PROPOSAL SUBMITTED TO:
City of Hutchinson
DATE: 2/14/2023 PHONE: 320-234-4210
STREET:
111 Hassan St. SE
JOB NAME:
Parking Lot Replace
CITY,STATE, ZIP:
Hutchinson, MN 55350
JOB LOCATION:
111 Hassan St. SE, Hutchinson
CONTACT:
A Verhey
VIA:
iverhey@hutchinsmn.sov
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
* Saw cut the edges and remove the existing bituminous in the 2,933 sy parking lot & alley area. Dispose of the
excavated material.
* Reshape the existing gravel base to a 3" depth for new bituminous.
* Pave 1.5" of bituminous base and 1.5" of bituminous wear, compacted thickness.
NOTES:
WE PROPOSE TO FURNISH MATERIAL AND LABOR - COMPLETE
*** PAYMENT TO BE MADE UPON COMPLETION ***
IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS
NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US
FOR THE SUM OF: $93,565.00
IF NOT ACCEPTED WITHIN 30 DAYS.
All material is guaranteed to be as specified. All work to be completed in a
workman -like manner according to standard practices. Any alteration or deviation
AUTHORIZED /7
from above specifications involving extra costs will be executed only upon written
orders, and will become and extra charge over and above the estimate. All
SIGNATURE:
agreements contingent upon strikes, accidents, or delays beyond our control.
Owner to carry fire, storm, and other necessary insurance. Our workers are fully
covered by workmen's compensation insurance.
TITLE:
ACCEPTANCE OF PROPOSAL - The above prices, specifications, and PLEASE SIGN AND RETURN ONE COPY
conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment is due upon receipt of invoice. Owner agrees that
Wm. Mueller and Sons, Inc. may charge interest at the rate of eighteen percent
(18%) on any sum due under this contract which is not paid within 30 days of
invoice date. If payments are not made when due, interest, cost incidental to SIGNATURE:
collection, and attorney's fees (if an attorney is retained for collection) shall be
added to the unpaid balance. Owner hereby releases Wm. Mueller and Sons, Inc. DATE OF
of notice requirements for lien rights in the event payments are not made as
outlined above. ACCEPTANCE:
Bertram Asphalt Company
P.O. Box 162
Cell: 320-292-1311
Email: bertramasphaitCa)-gmail.com
Paynesville, MN 56362
Company Name: Hutchinson (city of)
Billing Address: 1400 Adams Street S.E.
Hutchinson, MN 55350
Contact Person: Jeremiah Verhey
Cell: 320-583-0708
Office: 320-234-4210
Proposal
Date: February 23rd, 2023
Email. -
Project Address: 111 Hassan Street Southeast Hutchinson, MN
Project Type: Remove and Replace Paving @ 3" after compaction
We hereby submit specifications and quotations for the following:
Description of work to be performed Unit Qtv. Price
Paving: (Remove and Replace) S.F. 26,400 $96,360.00
Remove existing asphalt down _3"_ and dispose of properly.
Extra cost if existing asphalt is thicker than a 3" thickness.
Existing base to be salvaged and reused.
Any base work is an additional charge.
Fine grade and compact base.
Pave an average of a _3"_ after compaction asphalt mat. Roll same.
For an average of a _3"_ asphalt mat when completed.
Note: Irrigation must be off 24 hours and obstructions moved prior to construction.
Note: Additional Mobilization charges may apply if stopped for irrigation, vehicles, or obstructions.
Note: Quote assumes one mobilization.
Striping: Included in Paving Price
Note: Square footage is from city measurements. If there is more square footage than the 26,400 square feet
then there will be an extra charge of $3.65 per square foot.
Note: Project pricing is good for up to 10 days
Note: Fuel surcharge of 1% of contract price for every $0.25 increase at pump price over $5.00 for diesel fuel.
Escalation Clause. This contract has been based on material costs at current market rates. Due to uncertain market conditions that are beyond our control and in the event of
future material price increases the responsible party agrees to pay for the escalations of material without a change order. This paragraph applies only to materials.
Exclusions: Bonds, permits, fees, surveying, staking, engineering, testing, soil corrections, rock excavation, dewatering, traffic control, utility or
structural sheeting, repair, or adjustments, underpinning, buried debris, drain tile, footing insulation or waterproofing, separation fabrics,
geotextile fabric removal, disposal, or installation, vapor barriers, drainage layers, class V base materials other than listed above, hazardous
materials, removal of contaminated soils, haul road or crane road construction, erosion control other than listed above, gas, mechanical,
electrical, or electrical excavation, lighting, curb, concrete, site fence, evening, night or weekend work, winter conditions.
We propose to furnish material and labor, complete in accordance with the above specifications, for the total lump sum of:
Total on All: $96,360.00
Note: See Bertram Asphalt Comoanv Warrantv Terms, Qualifications, and Construction Specifications.
By signing this contract, you are agreeing to the Bertram Asphalt Company Warranty Terms, Qualifications, and Construction Specifications.
Payment terms are 50% down and net 10 days on the remaining. Unpaid balances will accrue a late fee of 10% per month until paid in full and shall be charged
on any balance 30 days past due. Note: this proposal may be withdrawn if not accepted within 10 days. Any alteration or deviation from the above specifications
involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. The owner/ general contractor,
by acceptance of this proposal, agrees to pay all cost of collections, including reasonable attorney's fees incurred, in order to recover any amounts due or to
become due herein. All agreements are contingent upon strikes, accidents, weather or other delays beyond our control. Contractor to carry proper insurance
including Workers Compensation.
Authorized Signature:
Bill Bertram
Acceptance of Proposal: The above prices, specifications, conditions, and attached warranty qualifications are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature:
Please take note_ Any person or company supplying labor or materials for this improvement to your property may file a lien against your
property if that person or company is not paid for the contributions. Under Minnesota law you have the right to pay persons who supplied
labor and materials for the improvement directly and deduct the amount from the contract price, or withhold the amounts due them from
us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or
materials for the improvement and who gave you timely notice.
MINUTES
Public Arts Commission Regular Meeting
February 8, 2023, 5:30 PM
ZOOM for Annual Jury
Present: Morgan Baum, Justin Beck, Patrick Hiltner, Kay Johnson, Wanda Lambert, Pat May, Lynn Neumann
(ex-officio), Sara Witte (PRCE)
Absent: Dan Jochum (ex-officio)
5:36 call to order
Pat moved, Wanda seconded to approve January minutes, motion carried unanimously.
Late Submissions discussion, vote to not include late entries from 2 artists. Kay moved, Morgan seconded, motion
carried unanimously.
Sculpture Stroll:
- Reviewed all submissions
- Round 1: Reduced to 15 semi-finalists
- Round 3: reduced to 11 finalists
- Placed all on the map grid
- Pat May moved to approved the slate, second by Wanda, motion carried unanimously
- Justin will send out the notices to the selected artists, will include some language that says that the final slate
will be put forth before the city council
- Morgan will send a final to the list for the City Council
- Morgan will send the remaining artwork to Justin to send to Citizens Bank and Ridgewater College
Jeri Jo Redman
- Jeri Jo's passing, she will be missed and was an inspiration to us all.
- Can we dedicate a bench in her memory? $750 + paver marker that sits under them.
- PRCE will let us know where there are benches available.
- Justin will reach out to the HCA Board.
- Pat will also reach out to their classmates.
- 7:21 pm motion to adjourn, by Morgan, second by Pat, motion carried unanimously.