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August 22, 2022 Agenda Packet
A 1.10955?NM?,retsehcoR,WN?tS?ht7?0211?ta?gnitarepo?,nedraG?nanuH??ABD?cnI?,WN?tS?neveS?rof?tnemesrodnereeb?gnorts?a?htiw?esnecil?rouqil?tnecrep?2.3?dna?eniw?a?gnivorppa?noituloseR?a?gnitpodA?.stnemt raped?larrefer?yb?slavorppa?lluf?dna?noitamrofnideriuqer?lla?fo?noissimbus?ot?tcejbus?,stimrep?dna?sesnecil?wen?no?snoitca?dednemmocereht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noi tuloseR?a?gnitpodA?.20.458,937,12$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni?,20.458,937,12$fo?tnuoma?eht?ni?,2202?,22?tsuguA?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA??.lic nuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?,2202?,1?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo?egdelP.etumnu?o t?6*?sserP?nehT?.dnah?ruoy?esiar?ot?9*?sserP?:sgniraeH?cilbuP?ro?tnemmoC?nepO?roF 720261?:edocssaP???????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC???:mooZ?aiv?ni?llaC BYZnGO2/yl.tib//:sptt h?:mooZ?aiv?netsiL?dna?nioJ.)teNorteM(?08?lennahC?ro?,)murtcepS(?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnrevoG?:nosreP?ni?gniteeM?eht?dnettA?:gnit eeM?eht?gniweiV?dna?gnidnettA??.m.p?00:72202?,22?tsuguAnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC??nedraG?nanuH?ABD.cnI?,WN?tS?neveS?rof?tnemesrodnE?reeB?gnortS?htiw?esneciL?rouqiL?2.3?dna?eni W?weN.4.F2202?,22?tsuguA?rof?stimreP?dna?sesneciL.3.F2202?,22?tsuguA?rof?elbayaP?stnuoccA.2.FgniteeM?licnuoC?ytiC?,2202?,1?tsuguA?rof?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.Dtrop eR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B?.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo?eht?weiV doireP?tnemmoC?nepO. F 2 egakcaP?diB?retneC?trA?dna?retneC?civiC?oyaM?.4egakcaP?diB?spmuP?taeH?dna?slleW?lamrehtoeG?llaH?ytiC?.3egakcaP?diB?llaH?ytiC?.2?egakcaP?diB?yrarbiL?.173013J-?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwo tnwoD?rof?sdib?rof?tnemesitrevda?eht?gnizirohtuA?.8786J.oN?tcejorP?-?tropriA?lanoitanretnI?retsehcoR?eht?ta?13?yawnuR?ot?hcaorppA?metsyS?gnidnaLtnemurtsnI?II?yrogetaC?eht?etelpmoc?ot?tcejorp?a?rof?sd ib?rof?tnemesitrevda?eht?gnizirohtuA?.1274J?.oN?tcejorP?–?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202?rof?,045,652$fo?tnuoma?eht?ni?,.CLL?,gnitcartnoC?smI?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gnitpo dA?.tisnarT?dipaR?kniL?retsehcoR?nwotnwoDerutuf?eht?fo?%06?rof?)ATF(?noitartsinimdA?tisnarT?laredeF?eht?morf?secruoser?laicnanif?erucesot?tseuqer?gnidnuf?detadpu?na?gnittimbus?ot?tnemtimmoc?gnimriffa er?noituloseR?a?gnitpodA?.negreoG?enidaN?dna?ynoT?morf52$?dna?setarimE?barA?detinU?eht?morf?0081$?fo?sdnuf?detanod?gnitpecca?noituloseR?a?gnitpodA?.smargorp?tnemegagne?ytinummoc?dna?,gnidliub?tsurt?, noitneverp?emirc?rof?2202?raeYlacsiF?rof?tnarG?enryB?a?fo?ecnatpecca?dna?noitacilppa?eht?gnivorppa?noituloseR?a?gnitpodA?.tisnart?cilbup?fo?noitarepo?rof?3202?raeY?radnelaC?rof?003,721,61$fo?tnuoma?e ht?ni?atosenniM?fo?etatS?eht?htiw?snoituloser?gnivorppa?noituloseR?a?gnitpodA??.)TSR(tropriA?lanoitanretnI?retsehcoR?eht?morf?desael?ytreporp?no?sediser?taht?ragnah?dleh-yletavirpsih?fo?esahcrup?eht? rof?renruT?kraM?.rM?htiw?tnemeerga?esahcrup?a?fo?noitucexe?gnizirohtuA??.)TSR(tropriA?lanoitanretnI?retsehcoR?eht?morf?desael?ytreporp?no?sediser?taht?ragnah?dleh-yletavirpsih?fo?esahcrup?eht?rof?ret snrE?noeL?.rD?htiw?tnemeerga?esahcrup?a?fo?noitucexe?gnizirohtuA?.12/30?yawnuR?ot?02/20?yawnuR?fo?egnahc?eman?)AAF(?noitartsinimdA?noitaivA?laredeFeht?htiw?detaicossa?gnipirts?tnemevap?dna?egangis?dl eifria?rof?,tcejorP?II?esahP?02/2?yawnuReht?fo?trap?sa?noitcurtsnoC?ztewoihtaM?htiw?1?.oN?redrO?egnahC?fo?noitucexe?gnizirohtuA?.20955?NM?retsehcoR?WS?tS?1?51?ta?gnitarepo?ertaehT?etulosbA?ABD?)tifor pnon?a(?ertaehT?etulosbA?rof?tnemesrodnereeb?gnorts?a?htiw?esnecil?rouqil?tnecrep?2.3?dna?eniw?a?gnivorppa?noituloseR?a?gnitpodA?73013J?-?noitisnarT?ygrenE?gnidliuB?nwotnwoD?-?tnemesitrevdA?diB.51.Ft cejorP13?yawnuR?ot?hcaorppA?metsyS?gnidnaL?tnemurtsnI?II?yrogetaC??-?tnemesitrevdA?diB.41.F1274?.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202.31.FnoitacilppAstratS?llamS?)ATF(?noitartsinim dA?tisnarT?laredeF?detadpU?ot?tnemtimmoC?gnimriffaeR.21.F?tnemtrapeD?eciloP?retsehcoR?eht?ot?snoitanoD.11.F?tnarG?ecnatsissA?ecitsuJ?lairomeM?enryB?2202.01.FgnidnuF?tisnarT?etatS?3202.9.FtnemeergA?es ahcruP?renruT?-?esahcruP?ragnaH?etavirP.8.FtnemeergA?esahcruP?retsnrE?-?esahcruP?ragnaH?etavirP.7.F?1.oN?redrO?egnahC?-?tcejorP?II?esahP?02/20?yawnuR.6.FertaehT?etulosbA?rof?tnemesrodnE?reeB?gnortS?h tiw?esneciL?rouqiL?2.3?dna?eniW?weN.5. F 3?.1144J?.oN?tcejorP?-?edargpU?sdiloS?dna?diuqiL?tnalP?noitamalceRretaW?retsehcoR?eht?rof?ytiC?eht?fo?flaheb?no?tnemeerga?tnarg?a?etucexe?ot?royaM?dna?krelC?ytiCeht?gnizirohtua?dna?ytirohtuA?seitil icaF?cilbuP?atosenniM?eht?ot?noitacilppa?tnarg?noitatnemelpmiecruos?tniop?a?timbus?ot?)ytiC(?retsehcoR?fo?ytiC?eht?gnizirohtua?noituloseR?a?gnitpodA?.6434J?.oN?tcejorP?-?snoitacoL?suoiraV?ta?noitatil ibaheR?gniniL?epiP?reweS?yratinaS?2202rof?,05.969,777$?fo?tnuoma?eht?ni?.cnI?,reweS-usiV?ot?tcartnoc?a?gnidrawa?noituloseR?a?gnitpodA?.0144J?.oNtcejorP?-3600/01?elohnaM?ot?0500/01?elohnaM?morf?riapeR ?yratinaS?EN?dR?reviR?tsaE?2202?rof,311,037$?fo?tnuoma?eht?ni?.CLL?,gnitcartnoC?smI?ot?tcartnoc?a?gnidrawa?noituloseR?a?gnitpodA?.4437J?.oN?tcejorP?-?noitcurtsnoceR?ytilitU?dna?tS?WS?evA?dr3?rof?,78. 143,973$fo?tnuoma?eht?ni?.cnI?,gnitavacxE?noclA?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gnitpodA?.WS?evA?ht4?fo?yaw?fo?thgir?eht?nihtiw?sgnitnalp?reffub?fo?tnemecalp?rof?CLL?erauqSyrevocsiD?ta?ecnedis eR?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA?.tnemeerga?eht?ni?deniltuo?sa?tseretni?dnasegrahc?detaicossa?diapnu?fo?noitcelloc?eht?rof?rotiduA?ytnuoC?detsmlO?eht?htiw?noitac ifitreC????.2.smetsys?retaw?dna?rewes?yratinas?lapicinum?eht?ot?ytreporp?riehtfo?noitcennoc?wolla?ot?nikliuQcM?yecaK?dna?nairB?htiw?)ACU(?tnemeergA?noitcennoC?ytilitU????.1?:gniwollof?eht?gnizirohtuA ?.nalP?tnempoleveD?lareneG?evreserPdnalhgiH?eht?nihtiw?si?hcihw?,tsriF?slliH?dnalhgiH?fo?sdnoP?dellac?eb?ot?noisividbus?laitnedisera?fo?tnempoleved?eht?rof?CLL?tnempoleveD?elboN?htiw?tnemeerga?tnempo leved?a?gnizirohtuA?.talpeR?sydraH?nhoJ?,1kcolB?,3?dna?1?stoL?rof?CLL?etatsE?laeR?s'ydraH?nhoJ?htiw?tnemeerga?noitubirtnoc?a?gnizirohtuA??.timreP?esU?lanoitidnoCdetaicossa?eht?htiw?tnetsisnoc?snoitac ol?gnikrap?ecafrus?fo?noitacifidom?a?gniwolla?cinilCoyaM?eht?dna?CLL?naragemaC?htiw?esaeL?II?esahP?eht?ot?tnemdnema?dnoces?a?gnizirohtuA?1144J?.oN?tcejorP??-?edargpU?sdiloS?dna?diuqiL?tnalPnoitamalce R?retaW?retsehcoR?eht?rof?noitacilppa?tnarG?noitatnemelpmI?ecruoS?tnioP.42.F6434J?.oN?tcejorP?-?snoitacoL?suoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202.32.F0144J?.oN?tcejorP-?3600/01?eloh naM?ot?0500/01?elohnaM?morf?riapeR?yratinaS?EN?dR?reviR?tsaE?2202.22.F4437J?.oN?tcejorP?-?noitcurtsnoceR?ytilitU?dna?teertS?WS?evA?dr3.12.FyaW?fo?thgiR?ni?sgnitnalPreffuB?-?CLL?erauqS?yrevocsiD?ta?ec nediseR?htiw?tnemeergA?dna?timreP?elbacoveR.02.FWS?tS?ht02?7441?-?nikliuQcM?yecaK?dna?nairB?htiw?tnemeergA?noitcennoC?ytilitU.91.FnalP?tnempoleveD?lareneG?evreserP?dnalhgiH?eht?nihtiwtsriF?slliH?dnal hgiH?fo?sdnoP?-?CLL?tnempoleveD?elboN?htiw?tnemeergA?tnempoleveD.81.FCLL?etatsE?laeR?s'ydraH?nhoJ?htiw?tnemeergA?noitubirtnoC.71.FcinilC?oyaM?eht?dna?CLL?naragemaC?htiw?esaeL?II?esahP?ot?tnemdnemA?dn oceS.61. F 4???.sdraC?noitacifitnedIytiC?fo?tnemhsilbatsE?eht?ot?gnitaleR?91-9?retpahC?gnitcane?dna?gnitaerc?ecnanidrO?na?gnitpodA?.kramdnal?cirotsih?detangised?yllacol?asa?tnalP?rewoP?ekaL?revliS?eht?ot?deta leR?ecnanidrO?na?fo?gnidaer?tsrif?eht?gnilif?dna?gnivieceR?.tnemtrapeD?cisuM?eht?ot?noitaler?ni?draoB?eht?fo?elor?tnerruceht?gnitcelfer?yletarucca?erom?dna?,draoB?cisuM?eht?fo?eulav?cigetarts?eht?gni yfiralc?,draoB?cisuMeht?ot?detaleR?7-2?retpahC?secnanidrO?fo?edoC?retsehcoR?gnidnema?ecnanidrO?na?gnitpodA????.2202?,03?enuJgnidne?doirep?eht?rof?troper?yrammus?ecnamrofrep?tegdub?ylretrauq?tsrif?eht ?gnilif?dna?gnivieceR?.tcejorP?tisnarT?dipaR?suB?KNIL?ehtrof?cinilC?oyaM?dna?retsehcoR?fo?ytiC?eht?neewteb?tnemeergA?gnitarepO?raey-02?a?gnivorppA???.WN?dR?egatnorF?W?25?ywH?fo?tsew?dna?WN?tS?ht84?fo ?htron?detacol?,tol?enootni?serca?86.1?fo?noitadilosnoc?eht?rof?,noitidnoc?eno?htiw?,noitiddA?adzaM?retsehcoR?sa?nwonkeb?ot?,adzaM?retsehcoR?yb?,TALP320-2202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?g nitpodA???.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS?.enilno?senilediug?gniraeh?cilbup?eht?weiV senilediuG?gniraeH?cilbuP?.licnuoC?ytiC?eht?fo?drocer?laiciffo?eht?sa?draoBgnissavnaC?eht?fo?gniteem?laicep s?,2202?,21?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA?tnemnruojdA.NssenisuB?rehtO.MsmetI?delbaT.L sdraC?noitacifitnedI?ytiC?fo?tnemhsilbatsE?-?ecnanidrO.3.KtnalP?rewoP?ekaL?revliS?fo?noitangiseD? kramdnaL?cirotsiH?lacoL?-?ecnanidrO.2.KdraoB?cisuM?eht?ot?detaleR?7-2?retpahC?-?tnemdnemA?ecnanidrO.1.K sgnidaeR?dnoceS?ecnanidrO.KsgnidaeR?tsriF?ecnanidrO.JsnoitcA?detaitinI?licnuoC.I tropeR?ecnamrofreP?tegduB?ylretrauQ?2202?enuJ.2.HtcejorP?tisnarT?dipaR?suBKNIL?eht?fo?noitarepo?eht?rof?cinilC?oyaM?dna?retsehcoR?fo?ytiC?eht?neewteb?tnemeergA.1.H snoitadnemmoceR?dna?stropeR.H noitiddA?adzaM?retsehcoR?sa?nwonk?eb?ot?TALP320-2202DC?.oN?talP?laniF.1.G sgniraeH?cilbuP.G gniteeM?laicepS?draoB?gnissavnaC?-?licnuoC?ytiC?,2202?,21?tsuguA?rof?setuniM.52. Organizational 5 Principles effective,?and?re?ect?our?Foundational• Service delivery is optimized, costand easy to navigate• Operations are sustainable, integrated,identi?ed?by?community changing demographics and needs•??The?organization?and?Services?re?ect that provide access and equity• Cultural and Recreational opportunities Areas of Focus indicators that help advance priorities.goals, actions and performanceAction Plans will be developed to identify Action Plan and community values •??Adopt?design?guidelines?that?better?re?ect?Council????re?ect?future?pr ojections Comprehensive Plan to ensure current decisions • Develop implementation tools and strategies for allocations, and city revenue to effectively allocate DMC resources, Legislative • Establish competitive and sustainable approach and community values ???development?partners?in?de?ning?city?leadership? • Create clarity, alignment and unity with economic Areas of Focus and amenities • Access to opportunities incentives landscape and creative • Equitable regulatory and access• Transportation options affordability • Housing variety and Areas of Focus Quality LivingQuality Services for Strategic Priority: Growth ManagementEconomic Vibrancy and Strategic Priority: Affordable Living Strategic Priority: to the sustainable and responsible use of public resources.Dedicated both physically and socially.Connected to health and wellness for its people.Committed by its safe and friendly neighborhoods.Characterized for it’s reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcome?and?diverse?community.and industry thrive, and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy high quality lof life. Where business is a city that cares. Where all people are treated with dignity and respect. Rochester- Economic Vibrancy and Growth Management- Quality City Services for Quality Living innovative team. A vibrant, compassionate, - Compassion- Social Equity- Public Safety Sustainability - Fiscal Responsibility & Stewardship - Environmental VisionCity Strategic PrioritiesPrinciples Foundational Vision 6 cityclerk@rochestermn.gov2000 or --s Office: 507’Questions? Contact the City Clerk Rochester, MN 55904 Ste 135, 201 4th St SE City Clerk n the mail to:ISend an open comment § rson is available, filling out a written open comment form. pe-When in § publiccomment@rochestermn.gov the City by Noon on the day of the meetingmail E § :/public commentcomment n openOther ways to submit a § not be discussed in this forum.to personnel will Matters currently under negotiation, litigation, or related § section. in this Items on the agenda for a public hearing may not be discussed § A speaker may not yield time to another. § is exhausted. time period above Each speaker may speak for up to 4 minutes until the § The period lasts for 20 minutes § The following speaker guidelines apply: Council’s regular business meeting. during the the City Council on a topic of their choiceaddress opportunity to members of the community Comment Period provides Open The Comment PeriodOpen M 7 2202?,1?tsuguA?,gniteeM?licnuoC?ytiC?-?setuniM:stnemhcattA reltsieG?ylleK:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapmI?ecruo seR?&?lacsiF?.gniteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal?yb?deriuqer?sa?krelC?y tiC?eht?yb?dehsilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.licnuoC?ytiC? eht?fo?drocer?laiciffo?eht?era?setunim?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?,2202?,1?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.FgniteeM?lic nuoC?ytiC?,2202?,1?tsuguA?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE 8 9 10 11 12 13 14 15 16 M 17:stnemhcattA hconeL?)gnouH(?adniL:yB?deraperP?.detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?sihT:tc apmI?ecruoseR?&?lacsiF.lavorppa?dna?weiver?rof?gniteem?licnuoC?ytiC?yreve?dettimbus?si?troper?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.licnuoCytiC?yb?devorppa?eb?smialc?lla?gniriuqer?172.21 4?etutats?atosenniM?htiw?ecnailpmoc?ni?si?meti?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP)v og.nmretsehcor(?934320789994169736:2202?,22?.guA?rof?tropeR?yrammuS?PA)vog.nmretsehcor(?tropeR?liateD?yrotsiH?tnemyaP?P/A:2202?,22?.guA?rof?tropeR?liateD?PA:troper?siht?fo?gnitnuocca?deliated?erom?a? ees?oT:evitarraN?tropeR.20.458,937,12$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni,20.458,937,12$?fo?tnuoma?eht?ni?,2202?,22?tsuguA?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA:d etseuqeR?noitcA???2.F2202?,22?tsuguA?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD? GNITEE M 18.licnuoC?eht?fo?noitaredisnoc?eht?rof?detneserp?si?troper?esnecil?a?,gniteem?licnuoC?hcae?tA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?ses necil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?,htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugere ht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?s ecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP 01?-?stimreP?tnevE?laicepS sesneciL?tnevE?laicepS?4?-?timreP?nekcihC sesneciL?laminA?2?-?stimreP?gnilbmaG?elgniS stimreP?gnilbmaG?dna?lohoclA?2?-? esneciL?tsiparehT?egassaM?1?-?timreP?yalpsiD?skroweriF?sesneciL?ssenisuB?2?-?esneciL?noitallatsnI?ngiS1?-?esneciL?niarD?dna?reweS sesneciL?sedarT/srotcartnoC:evitarraN?tropeR.stnemtraped?larreferyb?s lavorppa?lluf?dna?noitamrofni?deriuqer?lla?fo?noissimbus?ot?tcejbus?,stimrep?dna?sesnecil?wen?nosnoitca?dednemmocer?eht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noituloseR?a?gnitpodA :detseuqeR?noitcA???3.F2202?,22?tsuguA?rof?stimreP?dna?sesneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE F 19 2202?,22?tsuguA?rof?stimreP?dna?sesneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisn ecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsi 20 Debin Gao (B00358) Jing Wang (B00357) .3expiring December 31, 20215, for a p-Ordinances Chapter 5subject to all terms and conditions of Rochester Code of Recommended Action: Approve the following application for a massage therapist license, MASSAGE THERAPIST September 2, 2022 1510 14th St NW John Marshall High School Rochester John Marshall -Brian Ihrke (F22 .indicateds, on the dates Permits, subject to all terms and conditions of Rochester Code of OrdinanceRecommended Action: Approve granting the following applications for Fireworks Display FIREWORKS DISPLAY PERMIT ICENSESBUSINESS L 2655 International Pkwy, Virginia Beach, VA 23452 Architectural Graphics, Inc. (00880) 4657 S 14 Ave, Minneapolis, MN 55347 Insignity LLC (00879) .220231, eriod expiring Dec. 8, for a p-terms and conditions of Rochester Code of Ordinances Chapter 5Recommended Action: Approve granting the following Sign Installation Licenses, subject to all SIGN INSTALLATION LICENSE Farmington, MN 5502424930 W Chippendale Ave, Jaeckels Contracting Inc. (00878) .220231, 2, for a period expiring Dec. -terms and conditions of Rochester Code of Ordinances Chapter 12Recommended Action: Approve granting the following Sewer and Drain Licenses, subject to all SEWER AND DRAIN LICENSE information and full approvals by referral departments. actions be approved on the following licenses and permits, subject to submission of all required BE IT RESOLVED by the Common Council of the City of Rochester that the recommended RESOLUTION 21 No street closure terminate no later than 1:00 p.m.Waived the maximum allowable sound pressure level and require the amplified sound to :00 a.m. to 1:00 p.m.September 11, 2022, from 10 624 3rd Ave SW Zumbro Block Party -Zumbro Lutheran Church (S22 Ordinances.full approvals by all referral departments and full compliance with the Rochester Code of wing applications for special event permits, subject to Recommended Action: Approve the follo SPECIAL EVENT PERMITS 2556 Carla Ln NW Heather Caswell (A00216) 2021 24 ½ Ln SE (A00215) Amanda Thoendel 904 4th St SE Jessey Finley (A00214) 4050 7th St NW oger Maplethorpe (A00213)R .3Dec. 31, 202a period expiring -to all terms and conditions of Rochester Code of Ordinances Chapter 3Recommended Action: Approve granting the following applications for Chicken Permits, subject CHICKEN PERMIT ANIMAL LICENSES September 23, 2022 St NW nd 411 2 American Cancer Society Rochester Hope Lodge 030L)-American Cancer Society, Inc. (AG22 October 15, 2022 1503 2nd Ave NE 029L)-Peace United Church of Christ (AG22 of permit on the designated dates and locations.Recommende d Action: Approve the following applications as submitted to the State for issuance SINGLE GAMBLING PERMITS ALCOHOL AND GAMBLING LICENSES 22 September 17, 2022, from 8:30 a.m. to 5:00 p.m. Peace Plaza and 1st Ave Dogs Downtown -Downtown Alliance (S22Rochester Block of 1st Ave SE between E Center St and 1st St SE Maximum allowable sound pressure no more than 85 decibels September 15, 2022, from 4:00 p.m. to 7:00 p.m. 1st Ave SE DMC Annual Meeting -al Center Economic Development Agency (S22Destination Medic Civic Center Dr SE from 2nd Street to Center Street terminate no later than 10:00 p.m.Waived the maximum allowable sound pressure level and require the amplified sound to September 10, 2022, from 4:00 p.m. to 10:00 p.m. vic Center Dr SECi Autumn Festival Special-Mid -The Night Market (S22 of Civic Center Dr SE from 2nd St SE bridge stoplight to 1st St SE eanlNorthbound terminate no later than 9:00 p.m.the maximum allowable sound pressure level and require the amplified sound to September 15, 2022, from 4:30 p.m. to 8:30 p.m. 30 Civic Center Dr Riverfront Plaza of Mayo Civic Center Chili Challenge -Boys and Girls Club of Rochester Minnesota (S22 No street closure terminate no later than 9:00 p.m.amplified sound to Waived the maximum allowable sound pressure level and require the October 22, 2022, from 2:00 p.m. to 9:00 p.m. 1091 Plummer Ln SW -Plummer House (S22 No street closure Maximum allowable sound pressure no more than 85 decibels to 2:00 p.m.August 27, 2022, from 11:00 a.m. 30 Civic Center Dr SE Mayo Park Mayo Clinic DLMP Picnic -Connections (S22 etroM No street closure Maximum allowable sound pressure no more than 85 decibels September 25, 2022, from 3:00 p.m. to 5:30 p.m. Peace Plaza2nd St SW from St. Mary Park to Miracle Prayer Walk -International House of Prayer (S22 23 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK _____________________ATTEST: _____ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .22ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 20 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF No street closure Maximum allowable sound pressure no more than 85 decibels October 1, 2022, from 8:00 a.m. to 10:00 a.m. 851 30th Ave SE Brains Together for a Cure -Brains Together for a Cure (S22 Goose Egg Park to 14th St NW to John Marshall terminate no later than 10:00 p.m.ure level and require the amplified sound to Waived the maximum allowable sound press September 16, 2022, from 4:00 p.m. to 4:45 p.m. Goose Egg Park John Marshall High School Homecoming Parade -John Marshall High School (S22 1st Ave between the north end of the Marriot turnaround to Center St terminate no later than 10:00 p.m.Waived the maximum allowable sound pressure level and require the amplified sound to M 24 thgirwtraC?naaitsirhC:yB?deraperP?.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?gnivres?rof?elbigileni?gnieb?nedraGnanuH?ABD?cnI?WN?tS?neveS?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmo cer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu ?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF?.emit?siht?ta?snoitca?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil? fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?s ecnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS ?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.emit?siht?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccussah?noitagitsevni?dnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisne txe?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouqil?eht?gnitanidrooc?rof?elbisnopser?si?krelC?ytiC?eht?fo?eciffO?ehT:evitarraN?tropeR.10955?NM?,retsehcoR?,WN?tS?ht7?0211?ta?gnitarepo?,nedraG?nan uH??ABD?cnI?,WN?tS?neveS?roftnemesrodne?reeb?gnorts?a?htiw?esnecil?rouqil?tnecrep?2.3?dna?eniw?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???4.F??nedraGnanuH?ABD?.cnI?,WN?tS?neveS?rof?tnemesro dnEreeB?gnortS?htiw?esneciL?rouqiL?2.3?dna?eniW?weN NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE A 25 nedraG?nanuH?ABD?cnI?,WN?tS?neveS?rof?esneciL?rouqiL?reeB?dna?eniW?weN?-?noituloseR:stnemhcatt 26 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .2APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ UNCILPRESIDENT OF SAID COMMON CO ___________________________________ .2ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF .Rochester MN 55901NW Stth 1120 7operating at Hunan Garden ADB , Inc.Seven St NW forendorsement with a strong beer license liquor and 3.2 percent winenew the hereby approveBE IT RESOLVED by the Common Council of the City of Rochester that the City does RESOLUTION M 27:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?gnivres?rof?elbigilenignieb?.ertaehT?etulosbA?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer ?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?ro f?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF?.emit?siht?ta?snoitca?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo? thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secn anidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?yt ilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.emit?siht?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccussah?noitagitsevni?dnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe ?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouqil?eht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT:evitarraN?tropeR.20955?NM?retsehcoR??WS?tS?1?51?ta?gnitarepo?ertaehT?etulosbA?ABD?)ti forpnon?a(?ertaehT?etulosbA?roftnemesrodne?reeb?gnorts?a?htiw?esnecil?rouqil?tnecrep?2.3?dna?eniw?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???5.FertaehT?etulosbA?rof?tnemesrodnEreeB?gnortS?h tiw?esneciL?rouqiL?2.3?dna?eniW?weN NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE R 28.ertaehT?etulosbA?rof?esneciL?rouqiL?reeB?dna?eniW?weN?-?noitulose 29 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .2APPROVED THIS _____ DAY OF ______________________, 202 CITY CLERK ATTEST: __________________________ UNCILPRESIDENT OF SAID COMMON CO ___________________________________ .2ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF .2Rochester MN 5590 SW 5 1 St 1g at DBA Absolute Theatre operatin (a nonprofit) erAbsolute Theat forendorsement with a strong beer license liquor and 3.2 percent winenew the hereby approveBE IT RESOLVED by the Common Council of the City of Rochester that the City does RESOLUTION M 30 nessualC?truK:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.sevreser?tropria?morf?gnimoc?%01?gniniamer?ehthtiw?redro?egnahc?siht?fo?%09?rof?yap?lliw?AAF?ehT?.31 .743,211$?si?redro?egnahc?siht?fo?tsoc?latot?ehT:tcapmI?ecruoseR?&?lacsiF.dednemmocer?noitazirohtua?redro?egnahc?-?noissimmoC?tropriA?:2202?,2?/guA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.od ?ew?lla?ni?ytiruces?dna?ytefas?sdebmedna?,ffats?srewopme?,sredlohekats?ot?evisnopser?si?,ytilibatnuocca?dna?ytiliga?htiw?stca?,tsrif?remotsuceht?secalp?taht?tessa?ytinummoc?elbaniatsus?a?edivorp?oT"? :noissim?s'ti?htiw?tropria?eht?gnitsissa?ot?lacitircsi?hcihw?yawnur?siht?esu?ot?eunitnoc?ot?elba?eb?ot?redro?ni?egnahc?siht?ekam?ew?evitarepmi?si?ti?os?)AAF(noitartsinimdA?noitaivA?laredeF?eht?yb?der iuqer?si?12/30?yawnuR?ot?02/20?yawnuR?fo?gnirebmuner?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiro irP?.3202?ni?tnarG?AAF?na?hguorht?desrubmier?eb?dna?llaf?siht?ecalpekat?lliw?krow?sihT?.ylgnidrocca?degnahc?eb?ot?sdeen?02/20?yawnuR?htiw?detaicossa?gnipirts?tnemevapdna?egangis?dleifria?ehT?.12/30?y awnuR?ot?02/20?yawnuR?rebmuner?ot?)AAF(?noitartsinimdA?noitaivAlaredeF?eht?gnisuac?si?hcihw?noitanilced?citengam?eht?ni?egnahc?a?yb?detatissecen?si?redro?egnahc?sihT:evitarraN?tropeR.12/30?yawnuR?ot? 02/20?yawnuR?fo?egnahc?eman?)AAF(?noitartsinimdAnoitaivA?laredeF?eht?htiw?detaicossa?gnipirts?tnemevap?dna?egangis?dleifria?rof?,tcejorP?II?esahP02/2?yawnuR?eht?fo?trap?sa?noitcurtsnoC?ztewoihtaM?hti w?1?.oN?redrO?egnahC?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???6.F?1.oN?redrO?egnahC?-?tcejorP?II?esahP?02/20?yawnuR NOITCA?ROF?TSEUQER deeR?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED? GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE A 31 12/3?ot?egnahC?emaN?2?esahP?02/2?yawnuR?-?redrO?egnahC:stnemhcatt ROCHESTER INTERNATIONAL AIRPORT 32). Attachment 4 s (see markings per FAA AC 1M and P-620 specification standard marking the new SPHP and numeral numeral pavement markings need to be removed prior tog SPHP, Runway 2, and Runway 20 Item P-620-5.5 Remove Pavement Markings: The existin). Attachment 4 standards (see FAA AC 1M and P-620 specification numerals will be outlined in 6-inch-wide black markings per markings, Runway 3, and Runway 21 Item P-620-5.2c Black Pavement Markings: The new SPHPwhite per FAA specification P-620 standards. ). These markings will be Attachment 4 need to be remarked as Runway 3 and Runway 21 (see Runway 2 and Runway 20 numerals Item P-620-5.2c White Pavement Markings: The existing nstruction project limits. remarking is required within the ongoing Taxiway B Recoted in September 2022, thus no marked Runway 3/21 when the new pavement is constructaxiway connectors B1 and B2 will be that need to be remarked. The SPHP markings on new ). There are ten total SPHP markings Attachment 1 location as holding short Runway 3/21 (see d to be remarked in their same position markings on all taxiways serving Runway 2/20 neeMarkings: The surface painted holding Item P-620-5.2c Surface Painted Holding Position (SPHP) : Justification for Change Order 2. LS TWARE UPDATE – 1 6. ADD ITEM NS-05 – EXISTING ALCMS GRAPHICS AND SOFGUIDANCE SIGN PANEL ON EXISTING SIGN – 13 EA RNISH & INSTALL NEW 5. ADD ITEM L-125-5.1h – REMOVE EXISTING PANEL & FU,700 SF 4. ADD ITEM P-620-5.5 – REMOVE PAVEMENT MARKING – 5WATERBORNE, TYPE I – 280 SF , BLACK, 3. ADD ITEM P-620-5.2c – MARKING, NON-REFLECTORIZEDTYPE I – 875 SF ITE, WATERBORNE, 2. ADD ITEM P-620-5.2c – MARKING, REFLECTORIZED, WHHOLDING POSITION, WATERBORNE, TYPE I - 3,250 SF RFACE PAINTED 1. ADD ITEM P-620-5.2c – MARKING, REFLECTORIZED, SU: Changes Ordered 1. the Runway 2/20 change to Runway 3/21. maintenance shop, and airfield electrical vault to indicate in the Air Traffic Control Tower (ATCT), Lighting and Control Monitoring System (ALCMS) computersumerals as 3 and 21, and updating the Airfield Runway 3/21, remarking the existing Runway 2 and 20 npainted holding signs and remarking each as Runway 3/21, removing all existing Runway 2/20 surface nce sign legend panels with new panels indicating order involves replacing all existing Runway 2/20 guidao 03/21 in September of 2022. This change new magnetic heading for Runway 02/20 will be updated the : On 6/24/22, FAA Flight Procedures notified RST that t Description of Work Included in Contract : Mathiowetz Construction Co. Contractor : Rochester International Airport Airport ion Change Order No. 1.doc Update\\RST Rwy 2-20 Phase 2 Twy B Recon - Constructor Runway 3-21 \\Construction Change Order #1 - Signage & Marking fX:\\2879900\\182021.05\\TECH\\Const Admin\\Change Orders CONSTRUCTION CHANGE ORDER NO.1 SP 5501-231 / CITY NO. 6868 AIP 3-27-0084-41-21 RUNWAY 2/20 Phase 2: Taxiway B Reconstruction ROCHESTER INTERNATIONAL AIRPORT 33 Engineer's Cost Analysis – See Attachment 2 3. k. new bid item within the original approved scope of wornts to existing bid item quantities and a “Extra Work/New Bid Item” as it necessitates adjustmeied as both a “Quantity Adjustment” and “Types of Change Orders,” this change order is classif According to ARP SOP 7.00, Table 2-1 Engineering fees are required with this change order.Contract Time/Fee Adjustments and Change Order Type:g years, minimizing the risk of system also provide increased reliability and longevity in the cominsting computers. The new computers will tower would have to endure with an update to the exiMS downtime that the airport and the existing computers are taken offline, eliminating any ALCstalled and put into operation before the already built into the machines. The computers can be inwith the new ALCMS software package screen monitor will come pre-tested and ready to install ws 10. The computers and touch ATCT with new solid-state computers operating on Windohop, and touch screen monitor in the two mainframe computers, computer in the maintenance snge order it is proposed to replace the typically takes several weeks to coordinate. With this chaubleshoot any problems that arise, which Crouse-Hinds representatives must travel to RST to trocurrent Windows upgrades. As such, which has since become obsolete and incompatible with s old and operating on Windows 7, The existing ALCMS computers are approximately 8 year3/21. dated to reflect the change to Runway computers and the ATCT touch screen will need to be upkup to the main vault computer. All three KVM Extender, through which it can also act as a bacnd is connected to the tower cab through a The second controls the ATCT touch screen monitor antinuously monitor the lighting network. (third ALCMS computer), where RST operations staff cothe computer in the maintenance shop The first is the main ALCMS control and interfaces with omputers located in the electrical vault. new runway designation. There are two master ALCMS cuters and monitors to indicate the update to the existing Crouse-Hinds supplied ALCMS comp to Runway 3/21 will require a graphics Software Update: The Runway 2/20 designation change System (ALCMS) Graphics and Item NS-05 Existing Airfield Lighting Control and Monitoringtotal legend panels that need to be replaced. ). There are 13 Attachment 1 (see indicate the new designation of holding short Runway 3/21 to be replaced in their same location to Runway 13/31 at the hold position for Runway 2/20 needtaxiways serving Runway 2/20, and on Guidance Sign: The runway holding position sings on all ew Legend Panel on Existing Item L-125-5.1h Remove Existing Legend Panel & Install N ion Change Order No. 1.doc Update\\RST Rwy 2-20 Phase 2 Twy B Recon - Constructor Runway 3-21 \\Construction Change Order #1 - Signage & Marking fX:\\2879900\\182021.05\\TECH\\Const Admin\\Change Orders CONSTRUCTION CHANGE ORDER NO.1 SP 5501-231 / CITY NO. 6868 AIP 3-27-0084-41-21 RUNWAY 2/20 Phase 2: Taxiway B Reconstruction ROCHESTER INTERNATIONAL AIRPORT 34 7/26/22 Deputy Project Manager associated work. order above and find that it is reasonable for the I have reviewed the contractor's price for the changee in overall project cost. be noted that this change order will result in an increasthe federal AIP grant. It should reasonable. The proposed work falls within the scope of the work, this price was found to be proposed work, site conditions, and general nature ofestimate and through analysis of the : The quote received was compared to the Engineer’s Conclusion struction Change Order No. 1: $112,347.13 Contractor GRAND TOTAL Con T CO No. 1 Outside Project Limits: $ 37,247.38 Contractor TOTAL CNS Contract net price increase of $ 3,386.13 Prime Contractor 10% Markup Contract net price increase of $ 17,190.00 Item CO 1.2-5 Replace Sign Panel Contract net price increase of $ 10,100.00 Item CO 1.2-4 Remove Markings Contract net price increase of $ 4,550.00 Item CO 1.2-3 SPHP Markings Contract net price increase of $ 490.00 Item CO 1.2-2 Black Markings Contract net price increase of $ 1,531.25 Item CO 1.2-1 White Markings sWork Outside Taxiway B Reconstruction Project Limit NST CO No. 1 Inside Project Limits: $ 75,099.75 Contractor TOTAL C Contract net price increase of $ 6,827.25 Prime Contractor 10% Markup Contract net price increase of $ 58,435.00 Item CO 1.1-4 ALCMS Updates Contract net price increase of $ 7,400.00 Item CO 1.1-3 Replace Sign Panel Contract net price increase of $ 1,300.00 Item CO 1.1-2 Remove Markings Contract net price increase of $ 1,137.50 Item CO 1.1-1 SPHP Markings Work Within Taxiway B Reconstruction Project Limits: Contractor's Quote ion Change Order No. 1.doc Update\\RST Rwy 2-20 Phase 2 Twy B Recon - Constructor Runway 3-21 \\Construction Change Order #1 - Signage & Marking fX:\\2879900\\182021.05\\TECH\\Const Admin\\Change Orders CONSTRUCTION CHANGE ORDER NO.1 SP 5501-231 / CITY NO. 6868 AIP 3-27-0084-41-21 RUNWAY 2/20 Phase 2: Taxiway B Reconstruction ROCHESTER INTERNATIONAL AIRPORT 35 N/A Other: 9. the ongoing Taxiway B Reconstruction project. as described in the approved CSPP for Runway 2/20 is closed for construction of Work Area 3 panels will be performed when existing markings on the taxiways and the guidance sign legend t documents. All work to replace the SPHP of work and phasing conditions of the original contrac the work lies within the scope : No revisions are necessary to the project CSPP as Revised CSPP 8. for the pavement marking plan and details. Attachment 4 plan and for the airfield guidance sign replacement Attachment 1 See Sketches/Diagrams/Drawings: 7. for the pavement marking plan and details. Attachment 4 supporting documentation, and for the Contractor’s quote and Attachment 3 for the Engineer’s estimate, Attachment 2 for the airfield guidance sign replacement plan, Attachment 1: See Supporting Documentation 6. Explain: DBE work will not be impacted by this change. Yes □ No ý d) This change order impacts DBE commitments: Explain: Yes □ No ý c) This change order impacts Buy American provisions:Explain: Yes □ No ý d requirements: b) This change order impacts procurement standards anh the proposed work. Explain: All FAA design/construction standards are met wit Yes □ No ý tandards: a) This change order impacts FAA design/construction s: Conformance to AIP Standards and Regulations 5. Yes, Explain: □ No ý ction: d) This change order impacts engineering costs, or inspe Yes, Explain: □ No ý c) This change order impacts project schedule: Revised Local Share: $0 Revised State Share: $0 Revised Federal Share: $7,185,203.96 Revised Amount: $7,180,081.83 (+$112,347.13) Original Local Share: $0 Original State Share: $0 Original Federal Share: $7,072,856.83 Original Contract Amount: $7,072,856.83 b) Yes, Explain: □ No ý a) This change order impacts contract time: : Consequences of Change Order 4. ion Change Order No. 1.doc Update\\RST Rwy 2-20 Phase 2 Twy B Recon - Constructor Runway 3-21 \\Construction Change Order #1 - Signage & Marking fX:\\2879900\\182021.05\\TECH\\Const Admin\\Change Orders CONSTRUCTION CHANGE ORDER NO.1 SP 5501-231 / CITY NO. 6868 AIP 3-27-0084-41-21 RUNWAY 2/20 Phase 2: Taxiway B Reconstruction ROCHESTER INTERNATIONAL AIRPORT 36 7/26/2022 Project Manager construction specifications. or a time extension where liquidated damages may be involved, or a modification of the Standard FAA The foregoing change involves a federal grant and an addition or deletion of work in the basic grant scope FAA approval required: No X Yes Approved by: Title: Date: CITY OF ROCHESTER Accepted by: Title: Date: The forgoing change, work affected thereby, is subject to all contract stipulations and covenants. CONTRACTOR Title: Deputy PM Date: 7/26/2022 Approval Recommended by: NGINEER E pdate\\RST Rwy 2-20 Phase 2 Twy B Recon - Construction Change Order No. 1.docUX:\\2879900\\182021.05\\TECH\\Const Admin\\Change Orders\\Construction Change Order #1 - Signage & Marking for Runway 3-21 CONSTRUCTION CHANGE ORDER NO.1 SP 5501-231 / CITY NO. 6868 AIP 3-27-0084-41-21 RUNWAY 2/20 Phase 2: Taxiway B Reconstruction SHEET CONTENTS 37 OUTSIDE PROJECT LIMITSThis Sheet: 8d rkeaRemeo bs tnSigd loHd teniae PacSurfSign Panel Replacements This Sheet: 9 BOUNDARY MARKINGNON-MOVEMENT AREABOUNDARY MARKINGNON-MOVEMENT AREAMARKINGAREA BOUNDARYNON-MOVEMENT CONTACT GROUND 121.9DO NOT PROCEED ROADWAY VEHICLE STOP/HOLD SHORT SIGNATCTARFFTERMINALTERMINAL RAMPRUNWAY 20/2RUNWAY 20/2RUNWAY 13/31TAXIWAY "C"C-3RDR13-7MATCHL INE - SEE SHEET 3MATCHLINE - SEE SHEET 3MATCHLINE - SEE SHEET 1 A BLACK LEGEND ON YELLOW BACKGROUND (L858Y - DIRECTION)WHITE LEGEND ON BLACK BACKGROUND (L858B - RDR)WHITE LEGEND ON RED BACKGROUND (L858R - MANDATORY)331-13A7 YELLOW LEGEND ON BLACK BACKGROUND (L858L - INFORMATION)PCCACC LEGEND:THE SIGN IS ON THE LEFT. "SIDE B" (BACK SIDE) IS THE OPPOSITE SIDE.APPROACH THE SIGN ALONG A RUNWAY OR TAXIWAY CENTERLINE AND"SIDE A" (FRONT SIDE) MEANS THE FRONT FACE OF A SIGN AS YOUNOTE:A6-7A6-6A6-1A6-5A6-2A6-3A6-8H-3H-4H-1H-2G-3G-1G-2F-1F-2A-1E-2E-1A-4A-2A-3R13-2RDR2-6B -1A6-4R2-4R2-1R2-2R2-3R13-1R13-3TAXIWAY "A6"TAXIWAY "B"TAXIWAY "H"TAXIWAY "G"TAXIWAY "F"TAXIWAY "E"TAXIWAY "A3"TAXIWAY "D"TAXIWAY "D"D-7D-6E-3D-4D-5D-3D-2D-8D-1A3-2A3-1TAXIWAY "A"RDR13-5A3-3TAXIWAY "A"RDR13-6 of24 SHEET 2 20010000 8/26/2020 2:05:28 PMX:\\2879900\\REF\\AIRFIELD SIGNAGE AND MARKING PLAN\\AIRFIELD SIGNAGE & MARKING PLAN_V2018.DWG documents, in part or as a whole, is prohibited.addition, unauthorized reproduction of thesesuch misuse or reuse of the documents. Inincluding attorneys' fees and costs, arising out ofdamages, liabilities, losses, and expenses,the client and held harmless from all claims,intended. Mead & Hunt shall be indemnified bypurpose or project for which it is notThese documents shall not be used for any Mead and Hunt, Inc.meadhunt.comphone: 952-941-5619Bloomington, MN 55425Suite 9807900 International Drive,ROCHESTER, MINNESOTA 55902 AUGUST 20202879900 AIRFIELD SIGNAGE AND MARKING PLANROCHESTER INTERNATIONAL AIRPORT TFPTFPMSW AND MARKING PLANAIRFIELD SIGNAGE 7600 HELGERSON DRIVE SW AIP NO.:SHEET NO.ISSUEDCHECKED BY:DRAWN BY:DESIGNED BY:DATE:M&H NO.:DO NOT SCALE DRAWINGS x 38 INSIDE PROJECT LIMITSThis Sheet: 2d rkeaRemeo bs tnSigd loHd teniae PacSurfSign Panel Replacements This Sheet: 3 04/20/202251260CHRISTOPHER HUNTER 1005000 130'LOCATION OUTSIDE OF (N) TAXIWAY B TOFAGUIDANCE SIGN TO (N) GATE #13 ACCESS ROADRELOCATE (E) ROADWAY STOP SIGN AND(N) TAXIWAY B3/GATE 14 ACCESS ROADOF (E) TAXIWAY B3 THIS PROJECTAND SALVAGED WITH THE REMOVALB3 PANELS THAT WERE REMOVEDBLANK PANELS WITH THE (E) TAXIWAYREMOVE AND REPLACE (E) SIDE A(E) STOP SIGN TO REMAIN IN PLACEGATE #13 ACCESS ROAD111.21'(N) TAXIWAY B2201.90'FROM TAXIWAY B4 TO TAXIWAY B3(N) SIGN INDICATING THE CHANGEREMOVE (E) SIGN & REPLACE WITHTO (E) H-FRAMESIGN (SEE PHOTO); BOLT NEW SIGNDIRECTIONAL SIGN IN PLACE OF (E)INSTALL (N) REFLECTIVE TAXIWAY(E) RUNWAY HOLD POSITION SIGNSCONTRACTOR; INSTALL (N) PANELS ONPANELS TO BE FURNISHED BY THESIGN PANELS WITH (N) TAXIWAY B3REMOVE AND REPLACE (E) TAXIWAY B4PROJECTREMOVAL OF (E) TAXIWAY B3 THISREMOVED AND SALVAGED WITH THETAXIWAY B3 PANELS THAT WERESIDE A SIGN PANELS WITH THE (E)REMOVE AND REPLACE (E) TAXIWAY B4RUNWAY 2/20(N) TAXIWAY BMATCHLINE - SEE SHEET E-312(N) TAXIWAY B3RUNWAY 2/20(E) TAXIWAY B 1005000 AIP NO.:CONSTRUCTIONISSUED FOR4/20/22 ISSUEDDATE: ________________ LICENSE #: _______PRINT NAME: ___________________________SIGNATURE: ____________________ _______of Minnesota.Professional Engineer under the laws of the statesupervision and that I am a duly Licensedreport was prepared by me or under my directI hereby certify that this plan, specification, ordocuments, in part or as a whole, is prohibited.addition, unauthorized reproduction of thesesuch misuse or reuse of the documents. Inincluding attorneys' fees and costs, arising out ofdamages, liabilities, losses, and expenses,the client and held harmless from all claims,intended. Mead & Hunt shall be indemnified bypurpose or project for which it is notThese documents shall not be used for any meadhunt.comphone: 952-941-5619Bloomington, MN 55425Suite 9807900 International Drive,Mead and Hunt, Inc.SHEET NO.of CHECKED BY:DRAWN BY:DESIGNED BY:DATE:M&H NO.:DO NOT SCALE DRAWINGSSHEET CONTENTS ROCHESTER, MN 559027600 HELGERSON DRIVE SW APRIL 20, 20222879900-182021.04 RECONSTRUCTIONRUNWAY 2/20 PHASE 2: TAXIWAY BROCHESTER INTERNATIONAL AIRPORT 80 AIP NO.:3-27-0084-41-21 73 4/12/2022 3:45:00 PMX:\\2879900\\182021.04\\TECH\\CAD\\DRAWINGS\\E-312 PROPOSED SIGNAGE PLAN.DWGTFPGTOKCH PLANPROPOSED SIGNAGE E-311 15BACONTACT ATCDO NOT PROCEED B BBB2 13BA B2 8BA2BA7BA BB22B2 12BA204+01204+00203+00202+00201+00200+0046+0045+0044+0043+0042+0041+0040+0039+00143+00142+00141+00140+00139+00138+00137+00204+01204+0020 3+00202+00201+00200+0046+0045+0044+0043+0042+0041+0040+0039+00143+00142+00141+00140+00139+00138+00137+00xxxxxxxxxxxxx16BACONTACT ATCDO NOT PROCEED B3BB 14BA9BA4BA3BA 2B32BB3 8+007+006+005+004+003+002 +001+000+00105+00104+00103+00102+00101+00100+0099+008+007+006+005+004+003+002+001+000+00105+00104+00103+00102+00101+00100+0099+00xxxxxxxxxxx x 39 INSIDE PROJECT LIMITSThis Sheet: 0d rkeaRemeo bs tnSigd loHd teniae PacSurfSign Panel Replacements This Sheet: 1 04/20/202251260CHRISTOPHER HUNTER 134.51'RUNWAY 2/20(N) TAXIWAY B1(N) TAXIWAY BMATCHLINE - SEE SHEET E-311 10000 AIP NO.:CONSTRUCTIONISSUED FOR4/20/22 ISSUEDDATE: ________________ LICENSE #: _______PRINT NAME: ___________________________SIGNATURE: ___________________________of Minnesota.Professional Engineer under the laws of the statesupervision and that I am a duly Licensedreport was prepared by me or under my directI hereby certify that this plan, specification, ordocuments, in part or as a whole, is prohibited.addition, unauthorized reproduction of thesesuch misuse or reuse of the documents. Inincluding attorneys' fees and costs, arising out ofdamages, liabilities, losses, and expenses,the client and held harmless from all claims,intended. Mead & Hunt shall be indemnified bypurpose or project for which it is notThese documents shall not be used for any meadhunt.comphone: 952-941-5619Bloomington, MN 55425Suite 9807900 International Drive,Mead and Hunt, Inc.SHEET NO.CHECKED BY:DRAWN BY:DESIGNED BY:DATE:M&H NO.:DO NOT SCALE DRAWINGSSHEET CONTENTS ROCHESTER, MN 559027600 HELGERSON DRIVE SW APRIL 20, 20222879900-182021.04 RECONSTRUCTIONRUNWAY 2/20 PHASE 2: TAXIWAY BROCHESTER INTERNATIONAL AIRPORT AIP NO.:3-27-0084-41-214/12/2022 3:45:07 PMX:\\2879900\\182021.04\\TECH\\CAD\\DRAWINGS\\E-312 PROPOSED SIGNAGE PLAN.DWGTFPGTOKCH PLANPROPOSED SIGNAGE E-312 BB1B BA B1 6BA1BA5BA BB1B1202 BA104+01104+00103+00102+00101+00100+0060+0059+0058+0057+0056+0055+0054+0053+0052+0051+0050+0049+0048+0047+00157+00156+00155+00154+00153+00152+00151+00150+ 00149+00148+00147+00146+00145+00144+00104+01104+00103+00102+00101+00100+0060+0059+0058+0057+0056+0055+0054+0053+0052+0051+0050+0049+0048+0047+00157+00156+00155+00154+00153+00152+00151+00150+00149+001 48+00147+00146+00145+00144+00xxxxxxxxxxxxxxxxxxxxxx SPONSOR:40*Engineer's Estimate*Attachment 2 DATE: 7/19/2022DEPUTY PROJECT MANAGER 0CONSTRUCTION CHANGE ORDER #1 GRAND TOTAL:$107,670.5JECT LIMITS:$42,670.50CONSTRUCTION CHANGE ORDER #1 WORK TOTAL OUTSIDE PRO EA9$1,050.00$1,200.00$10,800.00 & INSTALL NEW GUIDANCE SIGN PANEL ON EXISTING SIGNCO 1.2 - 5L-125-5.1hREMOVE EXISTING PANEL & FURNISHSF5,050$2.00$4.00$20,200.00CO 1.2 - 4P-620-5.5REMOVE PAVEMENT MARKING0$2.00$4.00$10,400.00 PAINTED HOLDING POSITION, WATERBORNE, TYPE ISF2,60CO 1.2 - 3P-620-5.2cMARKING, REFLECTORIZED, SURFACESF280$0.90$1.10$308.00CK, WATERBORNE, TYPE ICO 1.2 - 2P-620-5.2cMARKING, NON-REFLECTORIZED, BLASF875$0.90$1.10$962.50WATERBORNE, TYPE ICO 1.2 - 1P-620-5.2cMARKING, REFLECTORIZED, WHITE, TOTALPRICEESTIMATED UNIT PRICEAS-BID UNIT UNITQUANTITYDESCRIPTIONBID ITEMSPEC NO.NAGE AND MARKING (OUTSIDE PROJECT LIMITS)Y 2/20 SIGNAGE AND MARKING WITH NEW RUNWAY 3/21 SIGCONSTRUCTION CHANGE ORDER 1: REPLACE EXISTING RUNWAECT LIMITS:$65,000.00CONSTRUCTION CHANGE ORDER #1 WORK TOTAL INSIDE PROJ LS1-$55,000.00$55,000.00 UPDATECO 1.1 - 4NS-05EXISTING ALCMS GRAPHICS AND SOFTWAREEA4$1,050.00$1,200.00$4,800.0 0 & INSTALL NEW GUIDANCE SIGN PANEL ON EXISTING SIGNCO 1.1 - 3L-125-5.1hREMOVE EXISTING PANEL & FURNISHSF650$2.00$4.00$2,600.00CO 1.1 - 2P-620-5.5REMOVE PAVEMENT MARKING2.00$4.00$2,600.00 PAINTED HOLDING POSITION, WATERBORNE, TYPE ISF650$CO 1.1 - 1P-620-5.2cMARKING, REFLECTORIZED, SURFACE TOTALPRICEESTIMATED UNIT PRICEAS-BID UNIT UNITQUANTITYDESCRIPTIONBID ITEMSPEC NO.NAGE AND MARKING (INSIDE PROJECT LIMITS)Y 2/20 SIGNAGE AND MARKING WITH NEW RUNWAY 3/21 SIGCONSTRUCTION CHANGE ORDER 1: REPLACE EXISTING RUNWA RUNWAY 2/20 PHASE 2: TAXIWAY B RECONSTRUCTION AIP 43-21:SLEEPY EYE, MN 5608530676 CO. RD 24MATHIOWETZ CONSTRUCTION CO.CONTRACTOR:ROCHESTER INTERNATIONAL AIRPORT AIRPORT:CITY OF ROCHESTER SPONSOR:41 Prime Contractor 10% Markup:rime Contractor 10% Markup:PREQUEST FOR QUOTE Attachment 3 DATE:MATHIOWETZ CONSTRUCTON CO.CONSTRUCTION CHANGE ORDER #1 GRAND TOTAL:$112,347.13CONSTRUCTION CHANGE ORDER #1 WORK TOTAL OUTSIDE PROJECT LIMITS:$37,247.38$3,386.13$1,910.00$17,190.009EACO 1.2 - 5L-125-5.1hREMOVE EXISTING PANEL & FURNISH & INSTALL NEW GUIDANCE SIGN PANEL ON EXISTING SIGN$2.00SF5,050CO 1.2 - 4P-620-5.5REMOVE PAVEMENT MARKING$4,550.00$1.75SF2,600CO 1.2 - 3P-620-5.2cMARKING, REFLECTORIZED, SURFACE PAINTED HOLDING POSITION, WATERBORNE, TYPE I$490.00$1.75SF280CO 1.2 - 2P-620-5.2cMARKING, NON-REFLECTORIZED, BLACK, WATERBORNE, TYPE I$1,531.25$1.75SF875CO 1.2 - 1P-620-5.2cMARKING, REFLECTORIZED, WHITE, WATERBORNE, TYPE I UNITQUANTITYUNIT PRICETOTALDESCRIPTIONB ID ITEMSPEC NO.CONSTRUCTION CHANGE ORDER 1: REPLACE EXISTING RUNWAY 2/20 SIGNAGE AND MARKING WITH NEW RUNWAY 3/21 SIGNAGE AND MARKING (OUTSIDE PROJECT LIMITS)CONSTRUCTION CHANGE ORDER #1 WORK TOTAL INSIDE PROJECT LIMITS:$75,099.75$6,827.251$58,435.00$58,435.00LSCO 1.1 - 4NS-05EXISTING ALCMS GRAPHICS UPDATE$1,850.00$7,400.004EACO 1.1 - 3L-125-5.1hREMOVE EXISTING PANEL & FURNISH & INSTALL NEW GUIDANCE SIGN PANEL ON EXISTING SIGN$1,300.00$2.00SF650CO 1.1 - 2P-620-5.5REMOVE PAVEMENT MARKING$1,137.50$1.75SF650CO 1.1 - 1P-620-5.2cMARKING, REFLECTORIZED, SURFACE PAINTED HOLDING POSITION, WATERBORNE, TYPE I UNITQUANTITYUNIT PRICETOTALDESCRIPTIONBID ITEMSPEC NO.CONSTRUCTION CHANGE ORDER 1: REPLACE EXISTING RUNWAY 2/20 SIGNAGE AND MARKING WITH NEW RUNWAY 3/21 SIGNAGE AND MARKING (INSIDE PROJECT LIMITS) & ALCMS UPDATE RUNWAY 2/20 PHASE 2: TAXIWAY B RECONSTRUCTIONSLEEPY EYE, MN 5608530676 CO. RD 24MATHIOWETZ CONSTRUCTION CO.CONTRACTOR:ROCHESTER INTERNATIONAL AIRPORT AIRPORT:CITY OF ROCHESTER THISDOCUMENTINCORPORATESANDISSUBJECTTOTHEATTACHEDTERMSANDCONDITIONS.42 1of2 Page CustomerQuotation USROCHESTERMN559027701HERGERSONDRIVESOUTHWESTROCHESTERINTERNATIONALAIRPORT Ship-toaddress 3154775153CSCCCHSYRACUSETele:8667645454Fax:CustomerServiceContact RST ProjectName ALCMSWIN10UPGRADE ProjectNumber 03/04/2022to09/30/2022 Validityperiod NirGodel PreparedBy 104185 CustomerNumber 2299502403/04/2022 QuotationNumberDateNet30Days PaymentTerms:Pre-PaidFCAORIGINPLANT Incoterms:www.chalp.comFax:(860)683-4354Phone:(860)683-4300Windsor,CT060951200KennedyRoadAirportLightingCooperCrou se-Hinds,LLC 14:12:4507/18/2022 USROCHESTERMN55904-37082014THSTREETCITYOFROCHESTERMINNESOTA Sold-toaddress_____________________________________________________________________________FinalamountinUSD 58,435.00_____________________________________________________________________________ProductSubtotal58,435.00_____________________________________________________________________________1EAALCMSCOMM ISSIONING1263416714,080.0014,080.00 40 Softwareincludesalldevelopment,database,graphic,testinganddocumentationchanges.WIn10SoftwarePackageincludingRW02-20renametoRW03-21andTWBconnectors.1EAALCMSSOFTW ARE1263416514,168.0014,168.00 30 Including17"OpenFrameTouchscreen,BEZEL17"andPowerSupply1EA17"TOUCHSCREENOPENFRAMENEWITEM1,632.001,632.00 22 IndustrialDesktopsolidstateWIN10computerincludingalllicens es.1EA1500808-B-0-0CMPTRCONFIGFORALCMSYSALP10000657,617.007,617.00 20 IndustrialRackmountsolidstateWIN10computer,Echeloninterface,RS485interfaceandincludingalllicenses.2EA1500808-A-1-1CMPTRCONFIGFORA LCMSYSALP100003010,469.0020,938.00 10_____________________________________________________________________________Cust.MaterialNumber__________________________________________________________________ ___________Cust.itemCatalogNumber_____________________________________________________________________________ItemQuantityUOMDescriptionMaterialNoPriceExt.Value_______________________________________ ______________________________________ 1.Applicable 43 TermsandConditions assimilarintermsasmaybelegal,validandenforceableunderapplicablelaw.CCH033012illegal,invalid,orunenforceableprovision,therewillbeadded,aspartofthesetermsandcondition s,oneormoreprovisionsvalidityandenforceabilityoftheremainingprovisionsofthesetermsandconditionswillnotbeaffectedand,inlieuofsuchIfanyprovisionofthesetermsandconditionsisdeterminedtobeillegal,invalid, orunenforceable,the 19.Severability obligationshereunder,withoutSeller'spriorwrittenconsent.Buyermaynotassign,transferorsubcontracttheperformanceofitsservices,oranyofitsrightsand/or 18.Assignment NationsConventiononContractsfortheInternationalSaleofGoods.ThelanguageofthearbitrationwillbeEnglish.Inallcases,BuyerandSellerexpresslyexcludefromapplicationtheUnitedarbitrationinHousto n,Texas,bythreearbitratorsandundertheInternationalChamberofCommerceRulesofArbitration.jurisdictioninHarrisCounty,Texas.IfBuyerisincorporatedoutsideoftheUnitedStates,anydisputewillberesolvedbyStates,a nyclaimorlitigationarisingoutoforrelatingtoProductsshallbebroughtexclusivelyinacourtofcompetentaccordancewiththelawsoftheProvinceofOntarioandthefederallawsofCanada.IfBuyerisincorporatedintheUnitedund erthelawsofCanadaoraprovinceofCanada,thesetermsandconditionsshallbegovernedbyandconstruedinwiththelawsoftheStateofTexas,withoutreferencetoitschoiceoflawrules.IfbothSellerandBuyerareincorporatedExcept assetforthbelow,thesetermsandconditionsshallbegovernedbyandconstruedinaccordance ResolutionDisputeandLawof17.Choice présentessoientrédigésenlangueAnglaise.Lespartiesauxprésentesontexpressémentexigéqu elesprésentstermesetlesbonsdecommandesémisauxtermesdesThepartieshaveexpresslyrequiredthatthesetermsandconditionsbepreparedintheEnglishlanguage.16.Language conditionsorapplicablelawinconnectionwithany otherinstancesorcircumstances.instancegiven,andshallnotoperateasawaiverwithrespecttoanyotherrightsorobligationsunderthesetermsandeffectiveunlessinwritingandsignedbyanauthorizedrepresentativeSeller.An ysuchwaivershallbeeffectiveonlyfortheNowaiverofanyprovisionofthesetermsandconditions(oranyrightordefaulthereunder)shallbe 15.Waiver lossesincurredbySellerarisingfromBuyer'sorBuyer'sagent'sfailuretopr ovidetheinformationrequestedbySeller.relatingtoSeller'svoluntaryormandatorycompliancewithanylaworregulation,andBuyershallindemnifySellerforanyapplicableimportandexportlawsandregulations.BuyerandBuyer 'sAgentshallprovideallinformationrequestedbySellerBuyershallcomplywithalllawsandregulationsapplicabletoProductsincludingbutnotlimitedtoall Lawswith14.Compliance makeitavailabletoothers.permittedbylaw )orredistributionofthesoftware.Buyershallnotcopy,discloseordisplayanysuchsoftware,orotherwiseBuyershallnotattemptanysale,transfer,sublicense,reversecompilationordisassembly(savetotheextentexpresslyin formationandwhichownershipincludeswithoutlimitationallrightsinpatents,copyrights,trademarksandtradesecrets.itssuppliers)alltitleandownershiptoanysoftwaredeliveredhereunder,allofwhichcontainsconfident ialandproprietarylimitedtousewiththeProductwithwhichitisincluded.NootheruseispermittedandSellerretainsforitself(or,ifapplicable,Software,ifincludedwithaProduct,isherebylicensedandnotsold.Thelicenseis nonexclusive,andis License13.Software productsandtosubstitutematerialequaltoorsuperiortothatoriginallyspecified.Sellershallhavetherighttochange,discontinueormodifythedesignandconstructionofanyofits ManufactureorDesignProductin12.Changes defenseofanysuitagainstSellerbroughtuponsuchclaimorclaims.theusethereof,infringesanyclaimofanypatent,foreignordomestic,andBuyeragreesatitsownexpensetoundertake themarketing,sale,oruseoftheProductorarisingfromorrelatingtoaclaimthatsuchProductfurnishedtoBuyerbySeller,orexpenses(includingattorney'sfees)relatingtoanyclaimarisingfromorrelatingtothedesign,distrib ution,manufacture,designatedbyBuyer,Buyeragreestoindemnify,defendandholdSellerharmlessfromanyandalldamages,costsandIntheeventanyProductismadeinaccordancewithdrawings,samplesormanufacturingspecificati ons Indemnity11.Patent ConfidentialInformation.transferorassigntoSellerallSellerConfidentialInformation,includingallWorkProduct,andallcopiescontainingSellerSellerConfidentialInformationisandshallrema inthepropertyofSeller.UponSeller'swrittenrequest,Buyershallreturn,hereunderandwillnotusesuchSellerConfidentialInformationforitsownbenefitorforthebenefitofanythirdparty.All(c)Buyerfurtheragreesnottous eSellerConfidentialInformationexceptinthecourseofperformingtoSellerofsuchrequirementandgivesSellertheopportunitytochallengeorlimitthescopeofthedisclosure.requiredtobedisclosedpursuanttoarequirementof agovernmentagencyorlawbutonlyafterBuyerprovidespromptnoticepreventtheunauthorizeduseofSellerConfidentialInformation.BuyermaydiscloseSellerConfidentialInformationthatisofcareandmeansthatitusestoprotec titsowninformationoflikekind,butinanyeventnotlessthanreasonablecaretoneedtoknow,andtotakestepstoensurethatthedisseminationissolimited.InnoeventwillBuyeruselessthanthedegreeAdditionally,Buyeragreestol imititsinternaldistributionofSellerConfidentialInformationtoBuyer'semployeeswhohavea(b)Buyeragreesnottocopy,alterordirectlyorindirectlydiscloseanySellerConfidentialInformation.anythirdparty'spropriet aryorconfidentialinformationdisclosedtoBuyerinthecourseofprovidingProductstoBuyer.businessoraffairsofSellerthatisdiscloseddirectlyorindirectlytoBuyer.Inaddition,SellerConfidentialInformationmeansdata ,WorkProduct,andothermaterialorinformationconsideredproprietarybySellerrelatingtothecurrentoranticipateddevelopment,products,methodsofmanufacture,tradesecrets,businessplans,customers,vendors,finances ,personnelinformation,whetherwrittenororal,inanyform,including,withoutlimitation,informationrelatingtotheresearch,followingterminationorexpirationofthisAgreement."SellerConfidentialInformation"includ esbutisnotlimitedtoallProductsand/oritsperformancehereunderandagreestokeepSellerConfidentialInformationinconfidenceduringand(a)BuyermayacquireknowledgeofSellerConfidentialInformation(asdefinedbelow)i nconnectionwith 10.Confidentiality shallremainthesolepropertyofSeller.ownnameortofollowanyotherprocedurethatSellerdeemsappropriate.AlltoolsandequipmentsuppliedbyBuyertoSellerapplicationsonit,touseand discloseitwithoutpriorpatentapplication,tofileregistrationsforcopyrightortrademarkinitsdeterminethetreatmentofanyWorkProduct,includingtherighttokeepitastradesecret,executeandfilepatentotherintellectu alpropertycreated,developedoracquiredinrespectoftheProducts.Sellerwillhavethesolerighttoassociatedintellectualpropertyrights.BuyerherebywaivesanyandallmoralandotherrightsinanyWorkProductoranyherebyas signandtransfertoSellerallofitsworldwideright,titleandinterestinandtotheWorkProductincludingallremainthesoleandexclusivepropertyofSeller.BuyerherebyagreestoirrevocablyassignandtransfertoSelleranddoes ordevelopedbySelleraloneorwithothersthatresultfromorrelatetotheProducts.AllWorkProductshallatalltimesbeandimprovements,developments,drawings,notes,documents,businessprocesses,informationandmaterialsm ade,conceivedmodels,workinprogress,servicedeliverables,inventions,products,specialtooling,computerprograms,procedures,"WorkProduct"shallinclude,withoutlimitation,alldesigns,discoveries,creations,work s,devices,masks,Product9.Work completed.Buyeragreespromptlyuponrequestanduponreceiptofinvoicetherefor,topaySellerforanyProductorProductsthenShouldSellerbepreventedfromcompletingBuyer'sorderoranypartt hereofbecauseofanyForceMajeureEvent,thenextendedbyaperiodoftimeequaltothetimelostbecauseofanydelayscausedbyreasonsofaForceMajeureEvent.circumstancesbeyondSeller'sreasonablecontrol("ForceMajeureEvent" ).IfSellerelects,thetimeforperformanceshallbedelaysintransportation,lackoforinabilitytoobtainrawmaterials,components,labor,fuelorsupplies,orothercivilormilitaryauthorities,priorities,strikes,orotherl abordisputes,fires,accidents,floods,epidemics,war,riot,embargoes,indirectlyfromorcontributedtobyanyactsofGod,actsofBuyerorthoseunderBuyer'scontrol,actsofgovernmentorotherSellershallnotbeliableforanyf ailuretoperformordelayinperformingitsobligationsresultingdirectlyor Majeure8.Force paid),ifthemanufactureorsaleofthegoodsisorbecomestechnicallyoreconomicallyimpractical.forcredit.Sellerreservestherig httocancelanysaleofProductswithoutliabilitytoBuyer(exceptforrefundofmoniesalreadyandallincurreddirectmanufacturingcosts.Seller'swrittenconsentmustbegiveninadvanceofBuyer'sreturnofProductsconsentandth enonlywithtermsthatwillreimburseSellerforreasonableterminationcharges,includingallprogressbillingsOrdersshallnotbesubjecttocancellationormodificationeitherinwholeorinpartwithoutSeller'swritten ProductsofReturnand CONDUCT),STRICTLIABILITY,BYOPERATIONOFLAW,OROTHERWISE.TORT(INCLUDINGBUTNOTLIMITEDTONEGLIGENCE,GROSSNEGLIGENCE,MALICE,ORINTENTIONALWHETHERSELLER’SLIABILITYARISESORRESULTSFROMBREAC HOFCONTRACT,BREACHOFWARRANTY,ARISES.TOTHEEXTENTPERMITTEDBYAPPLICABLELAW,THESELIMITATIONSANDEXCLUSIONSWILLAPPLYAPRODUCTSHALLINNOCASEEXCEEDTHEPURCHASEPRICEOFTHEPRODUCTFROMWHICHTHECLAIMOFTHEPOSSIBILITYO FSUCHDAMAGES.SELLER’SLIABILITYFORDAMAGESARISINGOUTOFORRELATEDTODAMAGES,LOSSOFPROFITS,LOSSOFREVENUE,LIQUIDATEDDAMAGES,ORLOSSOFUSE,EVENIFINFORMEDDAMAGES,INDIRECTDAMAGES,INCIDENTALDAMAGES,STATUTORYDAMAG ES,EXEMPLARYORPUNITIVEINNOEVENTWILLSELLERBELIABLEFORANYSPECIALDAMAGES,CONSEQUENTIAL LIABILITYOF6.LIMITATION LIABLEFORTHECOSTOFPROCUREMENTORINSTALLATIONOFSUBSTITUTEGOODS.MERCHANTIBILITY,THEIRQUALITY,T HEIRNONINFRINGEMENT,OROTHERWISE.INNOEVENTSHALLSELLERBEOTHERWISE,REGARDINGTHEPRODUCTS,THEIRFITNESSFORANYPARTICULARPURPOSE,THEIRAS-ISANDMAKESNOOTHERREPRESENTATIONSORWARRANTIES,EXPRESSORIMPLIED,STATUTOR YOR(f)EXCEPTFORTHEEXPRESSWARRANTYSETFORTHABOVE,SELLERPROVIDESPRODUCTScompletiondate.LEDProductsarelightfixturescontaininglightemittingdiodeotherthansolar,utilityandobstructionlighting.(e)Thewarrantyp eriodforLEDProductsisforty-eight(48)monthsfromthedocumentedinstallationshipmentunlessotherwiseagreedbySellerinwriting.(d)ThewarrantyperiodforProducts,exceptforLEDProducts,istwelve(12)monthsfromthedat eofwarrantyservice.notassureuninterruptedoperationsofProducts;Sellershallnotbeliablefordamagescausedbyanydelaysinvolvingthesameextentasifsuchpartswereoriginalcomponents.Warrantyservicesprovidedundert hesetermsandconditionsdothetermsofthiswarrantyarewarrantedfortheremainderofthewarrantyperiodoftheProductsinwhichtheyareinstalledtoaProductandforinstallingarepairedorreplacementProductshallbebornebyBu yer.ReplacementpartsprovidedunderdesignatedbySeller,transportationprepaidbyBuyer,toestablishaclaimunderthiswarranty.Thecostoflaborforremoving(c)SellermayrequirethereturnofanyProductclaimednottobeaswa rrantedtooneofitsfacilitiesassuchservicefacilityshallbebornbyBuyer.costsoftransportationofanyProductclaimednottobeaswarrantedandofanyrepairedorreplacementProducttoorfromusingreasonableeffortstorepair theProductduringnormalbusinesshoursatanyauthorizedservicefacilityofSeller.Allapplicablewarrantyperiodislimitedto,atitsoption,replacingtheProduct,refundingthepurchasepriceoftheProduct,or(b)Seller'sobl igationunderthiswarrantyforanyProductprovednottobeaswarrantedwithintherespecttoanyProducts,lamps,componentparts,oraccessoriesmanufacturedbyothersbutsuppliedbySeller.Buyer,ingoodworkingorderandconform toSeller'sofficialpublishedspecifications,providedthatnowarrantyismadewith(a)SellerwarrantstoeachoriginalBuyerofProductsthatProductsare,atthetimeofdeliverytothe Warranty5.Limited detectedafteraccepta ncearelimitedtothoseexpresslyprovidedinthesetermsandconditionsforbreachofwarranty.tothespecificationsfortheProducts.Buyerwaivesanyrighttorevokeacceptance.Buyer'sremediesforanynonconformityProducts.Bu yermayrightfullyrejectonlywhenareasonableinspectionshowsthattheProductsfailtoconformsubstantiallyAcceptanceshalloccur,ifnotbefore,whenBuyerfailstorejectwithinten(10)daysafterdeliveryofthe 4.Acceptance righttomakepartialdeliveriesandtoshipuptoforty(40)daysinadvanceofshippingdate.conditionswillbedependentuponSeller'sabilitytoobtainnecessaryrawmaterialsandcomponents.Sellershallhavetheco nditions,exceptwithrespecttoBuyer'sobligationtomakeallrelatedpayments.Seller'sobligationsunderthesetermsandtomakedeliveryorshipment.Timeisnotoftheessencewithrespecttothetransactionscoveredbytheseterm sand(b)DeliveryandshippingdatesareapproximateandrepresentSeller'sbestestimateofthetimerequiredthedatethatSellerispreparedtomakeshipment.transportationcostspaidbySeller.BuyershallreimburseSellerforall costsofstorageandhandlingincurredbySellerafterfacility.ProductswillbepackedinSeller'sstandardcommercialshippingpackages.Chargesforshippingmaynotreflectnet(a)Unlessotherwiseagreedinwriting,alldeliveri esofProductswillbeFCA(Incoterms2000)Seller's LossofRiskand3.Delivery andagreestoexecutethesameifrequestedbySeller.exchangeforProducts).BuyerconsentstoSeller'sexecutionofanydocumentstoevidenceandperfe ctthissecurityinterest,(includingbutnotlimitedtoallproductsinwhichProductsareincorporatedandanyfundsandproductsthatBuyerreceivesinProductsforwhichtitlehaspassed(includingallafter-acquiredProducts)tha tSellersellsBuyerandallproceedsofProductsaredueormaybecomeduefromSeller,itsparents,affiliates,orsubsidiaries.BuyergrantsSellerasecurityinterestinallbeingliabletoBuyerforsuchrepossession.Buyerwillnots etoffinvoicedamountsoranyportionthereofagainstsumsthatagreesthatSellermayenterthepremiseswheretheProductsmaybelocatedandremovethemwithoutnoticeandwithoutrepossessProductsforwhichBuyerhasnotpaidinfull .IntheeventofrepossessionofProductsunderthissection,BuyermaytreatallamountsthenorthereafterowingbyBuyertobeimmediatelydueandpayableandSelleratitselectionmayconsentofSellervoluntarilyorinvoluntarilyse lls,transfers,leasesorpermitsanylienorattachmentontheProducts,Sellerinsolvency,receivershiporbankruptcyproceedingsormakesanassignmentforthebenefitofcreditors,orwithouttheloss)toallProductsfurnishedun derthatorder.IftheBuyerdefaultsinpaymentorperformanceorbecomessubjectto(d)UntilfullpaymentofallobligationsoftheBuyerforanorder,Sellerreservesthetitle(butnottheriskofdueinvoicesatthelesserof18%perannu m,compoundedmonthly,orthehighestcontractualrateallowableunderthelaw.shipmentstoBuyeror,atitsoption,canceltheunshippedportionsofBuyer'sorders.Buyeragreestopayinterestonallpastwithdrawcredittermsatanyt imewithoutnotice.IfBuyerfailstofulfillthetermsofpayment,Sellermaydeferfurther30daysafterdeliveryordateofinvoice,whicheverfirstoccurs,inthecurrencyinvoiced.Sellerreservestherighttomodifyor(c)Unlessdif ferentcredittermshavebeenextendedtoBuyerinwritingbySeller,paymenttermsarenetterminationotherthanfortheProductsalreadydeliveredonthesetermsandconditions.conditionsrequireSellertoundertake;or(ii)cancel theorderanytimeaftersuchadeterminationwithoutliabilityforthe(i)modifytheprices(includingretroactively)accordingtotheadditionallevelofriskandresponsibilitythatBuyer'stermsandcompetentjurisdictiondeter minesthatBuyer'stermsandconditionsapplytoanorder,thenSellershallhavetherighttoeitherriskscontainedinthesetermsandconditions.If,notwithstandingtheprovisionsofthesetermsandconditions,acourtof(b)Buyerac knowledgesthatthepricingoftheProductshasbeensetbasedontheagreedallocationofExportpackagingoranyotherspecialhandlingrequestedbyBuyerwillbeatBuyer'sexpense.otherwiseindicated,areexclusiveofshipping,han dling,shippinginsurance,duties,andsales,use,exciseorsimilartaxes.regardlessofanypriorbidandwhethernoticewasreceivedbyBuyer.PricesarestatedinUnitedStatesdollarsunlessUnlesspricesarebidorquotedas"firm, "Sellerreservestherighttoinvoiceatpricesineffectatthedateofshipment,(a)Allpricesrepresentthoseineffectatthetimeofquotationandaresubjecttochangewithoutnotice.TitleandTerms,Payment2.Price,termsoftheoff er.includingorattachingthesetermsandconditionsconstitutesanoffer,Buyer'sacceptanceoftheofferisherebylimitedtothedeemedtoconstitutesuchassentbyBuyer.Iftheorderacknowledgement,invoice,otherdocument,ore lectronictransmittaluponBuyer'sassentsolelytothesetermsandconditions,andacceptanceofanypartofProductsdeliveredbySellershallbeattachingthesetermsandconditionsisfoundtobeanacceptanceofanoffer,acceptanc eisexpresslymadeconditional(b)IfSeller'sorderacknowledgement,invoice,otherdocument,orelectronictransmittalincludingorSellerexpresslyobjectstoandrejectsanyadditionalordifferenttermsandconditions,which shallbeineffective.pertainingtoBuyer'sorder,willbebindingonSellerunlessacceptedinwritingbyanauthorizedrepresentativeofSeller.differenttermsorconditions,whethercontainedinBuyer'spurchaseorderformorina nyotherdocumentorcommunicationthatapplytoanyorderissuedbyBuyerforthepurchaseofSeller'sproductsand/orservices('Products').Noadditionalor(a)Thesetermsandconditionsofsaleestablishtherights,obligations,a ndremediesofBuyerandSeller ConditionsandTerms 100+00 44 40.0'40.0'22.0'60.0'40.0'40.0'60.0'57.5'61.5'22.0'61.5'RUNWAY 20 NUMERALAREA (3,537 SF) AROUND EXISTINGREMOVE 61.5'x57.5' RECTANGULAREXISTING RUNWAY 2 NUMERALAREA (1,353 SF) AROUNDREMOVE 61.5'x22' RECTANGULARTAXIWAY FTAXIWAY GTAXIWAY B4RUNWAY 2/20RUNWAY 2/20 603000 TAXIWAY FTAXIWAY GTAXIWAY B4RUNWAY 2/20 RUNWAY 21 NUMERAL MARKINGRUNWAY 3 NUMERAL MARKING RUNWAY 2/20TAXIWAY FTAXIWAY GTAXIWAY B4RUNWAY 2/20 RUNWAY 20 NUMERAL REMOVALRUNWAY 2 NUMERAL REMOVAL CHANGECONSTRUCTION7/25/22RUNWAY 2/20WORK AREA 3.PAVEMENT MARKINGS TO BE REMOVED AND APPLIED DURING THE RUNWAY 2/20 CLOSURE PERIOD REQUIRED TO PERFORM4.MARKINGS ON TAXIWAYS A, B4, E, F, AND G (10 TOTAL).PAVEMENT MARKING REMOVALS SHALL ALSO INCLUDE REMOVING ALL EXISTING SURFACE PAINTED HOLDING POSITION3.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PAVEMENT MARKING LAYOUT.2.ALL MARKINGS ARE TO BE DONE IN ACCORDANCE WITH THIS PLAN, SPECIFICATION P-620, AND FAA AC 150/5340-1.1.MARKING NOTES:603000 CONSTRUCTIONISSUED FOR4/20/22 ISSUEDDATE: ________________ LICENSE #: _______PRINT NAME: ___________________________SIGNATURE: ___________________________of Minnesota.Professional Engineer under the laws of the statesupervision and that I am a duly Licensedreport was prepared by me or under my directI hereby certify that this plan, specification, ordocuments, in part or as a whole, is prohibited.addition, unauthorized reproduction of thesesuch misuse or reuse of the documents. Inincluding attorneys' fees and costs, arising out ofdamages, liabilities, losses, and expenses,the client and held harmless from all claims,intended. Mead & Hunt shall be indemnified bypurpose or project for which it is notThese documents shall not be used for any meadhunt.comphone: 952-941-5619Bloomington, MN 55425Suite 9807900 International Drive,Mead and Hunt, Inc.SHEET NO.of CHECKED BY:DRAWN BY:DESIGNED BY:DATE:DO NOT SCALE DRAWINGSSHEET CONTENTS ROCHESTER, MN 559027600 HELGERSON DRIVE SW JULY 25, 20222879900-182021.04 RECONSTRUCTIONRUNWAY 2/20 PHASE 2: TAXIWAY BROCHESTER INTERNATIONAL AIRPORT 2 3-27-0084-41-21 1 7/25/2022 8:46:26 AMX:\\2879900\\182021.04\\TECH\\CAD\\DRAWINGS\\C-651 PAVEMENT MARKING PLAN - CHANGE ORDER 1.DWGTFPGTOKCH CHANGE ORDER #1MARKING PLAN -RUNWAY PAVEMENT E: 611143.9629N:128883.9266RWY 21 REFERENCE POINT ON CL173+00172+00171+00170+00E: 608108.1638N:122708.8080RWY 3 REFERENCE POINT ON CL1+000+00103+00102+00101+00100+00173+00172+00171+00170+001+000+001 03+00102+00101+00 CO 1-2 45 A 6" BLACK BORDER SHALL BE PAINTED AROUND EACH NUMERAL.1.STRIATED NUMERAL NOTES:2'3'MUST HAVE A HEIGHT OF 12'WHITE LETTERS INSCRIPTIONRED BACKGROUND6" BLACK BORDER2'3'60'3'2'DIMENSIONS MUST MATCH EXISTING DIMENSIONS IN THE FIELD.DIMENSIONS SHOWN ARE APPROXIMATE. ACTUAL MARKING1.SURFACE PAINTED HOLDING POSITION SIGN NOTES:MUST HAVE A HEIGHT OF 12'WHITE LETTERS INSCRIPTIONRED BACKGROUND6" BLACK BORDERNO SCALE 2 HOLDING POSITION SIGN DETAILSURFACE PAINTED 2'3'NO SCALE 1 STRIATED RUNWAY NUMERAL DETAILS 5'5'6'3'24'10'20.5'7'10'1'LRWY C7'(TYP)15'LRWY C5'9'19'7'7'7'10'20.5'10 '60'10'2'ORDER #1CHANGECONSTRUCTION7/25/22 AIP NO.:CONSTRUCTION4/20/22 ISSUEDDATE: ________________ LICENSE #: _______PRINT NAME: ___________________________SIGNATURE: ___________________________of Minnesota.Professional Engineer under the laws of the statesupervision and that I am a duly Licensedreport was prepared by me or under my directI hereby certify that this plan, specification, ordocuments, in part or as a whole, is prohibited.addition, unauthorized reproduction of thesesuch misuse or reuse of the documents. Inincluding attorneys' fees and costs, arising out ofdamages, liabilities, losses, and expenses,the client and held harmless from all claims,intended. Mead & Hunt shall be indemnified bypurpose or project for which it is notThese documents shall not be used for any meadhunt.comphone: 952-941-5619Bloomington, MN 55425Suite 9807900 International Drive,Mead and Hunt, Inc.SHEET NO.of CHECKED BY:DRAWN BY:DESIGNED BY:DATE:M&H NO.:DO NOT SCALE DRAWINGSSHEET CONTENTS ROCHESTER, MN 559027600 HELGERSON DRIVE SW JULY 25, 20222879900-182021.04 RECONSTRUCTIONRUNWAY 2/20 PHASE 2: TAXIWAY BROCHESTER INTERNATIONAL AIRPORT 2 AIP NO.:3-27-0084-41-21 2 7/25/2022 8:48:12 AMX:\\2879900\\182021.04\\TECH\\CAD\\DRAWINGS\\C-651 PAVEMENT MARKING PLAN - CHANGE ORDER 1.DWGTFPGTOKCH CHANGE ORDER #1MARKING DETAILS -RUNWAY PAVEMENT M 46:stnemhcattA nessualC?truK:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.lasiarppa?na?htiw?denimreted?saw?hcihw?000,561$?si?ecirp?nopu?deerga?ehT:tcapmI?ecruose R?&?lacsiF.tnetni?fo?rettel?htiw?gnideecorp?dnemmocer?-?noissimmoC?tropriA?:2202?,2?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.od?ew?lla?ni?ytiruces?dna?ytefas?sdebme?dna?,ffats?srewopm e?,sredlohekatsot?evisnopser?si?,ytilibatnuocca?dna?ytiliga?htiw?stca?,tsrif?remotsuc?eht?secalp?taht?tessa?ytinummocelbaniatsus?a?edivorp?ot?noissim?sti?htiw?yllareneg?tropria?eht?stsissa?osla?ragna h?siht?fo?esahcrup?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.nalP?retsaM?detelpmoc?yltnece rs'tropriA?eht?ni?tnempoleved?laicremmoc?erutuf?rof?deifitnedi?neeb?sah?detacol?si?ragnah?siht?erehwaera?eht?dna?deripxe?sah?ragnah?ralucitrap?siht?rof?esael?dnuorg?ehT?.ragnah?etavirp?eht?fo?esahcru p?ehtfo?snoitidnoc?dna?smret?sezirammus?rettel?sihT?.tnetni?fo?rettel?dehcatta?eht?ni?dezirammus?si?meti?sihT:evitarraN?tropeR?.)TSR(?tropriA?lanoitanretnI?retsehcoR?eht?morf?desael?ytreporp?no?sedis er?taht?ragnah?dleh-yletavirp?sih?fo?esahcrup?eht?rof?retsnrE?noeL?.rD?htiw?tnemeerga?esahcrup?a?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???7.FtnemeergAesahcruP?retsnrE?-?esahcruP?ragnaH?etavirP NOITCA?ROF?TSEUQER deeR?.C?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE L 47 ragnaH?tfarcriA?retsnrE?-?tropeRragnaH?tfarcriA?retsnrE?-?tnemeergA?fo?rette DOCSOPEN\\RC110\\131\\808585.v1-7/6/22 48 Council. 3) approval by both the City of Rochester Airport Commission and the City the sale of the Aircraft Hangar as contemplated by the Purchase Agreement; and can be relocated by the City; 2) that there are no rights of others that might prevent by the City that the Aircraft Hangar is suitable for use as an aircraft hangar and during the Review Period: 1) an inspection of the Aircraft Hangar and conclusion contingencies that must either be satisfied (in the City’s sole discretion) or waived The City’s purchase of the Aircraft Hangar is subject to the following Contingencies:to a later date. andlater than December 15, 2022 (the “Closing Date”) unless both parties agree Contingencies section below but, in any event, noearlier than October 1, 2022 practicable after the expiration of the Review Period as defined in the Provided that all contingencies have been satisfied, the closing shall be as soon as Closing Date:The Purchase Price shall be paid bywire transfer or certified check at closing. Terms of Payment:The City will pay cash at closing for the Aircraft Hangar. No financing is needed.Financing:The appraised amount of $165,000.00.Purchase Price:900215(the “Aircraft Hangar”).54.09.21.085912, Olmsted County, Minnesota, Property ID Number: 54-09-21-The building located at: 7600 Helgerson Drive Southwest, Rochester, MN, on RP Property:Leon Ernsteror his successor(s) in interest (the “Seller”).Seller:City of Rochester (the “City”).Buyer:are as follows:at 7600 Helgerson Drive Southwest, in the City of Rochester, MN. The proposed terms and conditions The City of Rochester is pleased to present this non-binding offer to purchase the Aircraft Hangar located Dear Mr. Ernster:Airport,Rochester, MNLetter of Intent to Purchase an Aircraft Hangar Located at the Rochester International RE:Rochester, MN 559023207 Fox Hollow Ct. SWMr. Leon Ernster_______________, 2022 DOCSOPEN\\RC110\\131\\808585.v1-7/6/22 49 N/ARent:N/ALease Back:commission. represented by a broker, Seller shall be responsible for paying his broker’s The City is not represented by a broker in this transaction. If the Seller is Commissions:Brokercommencement shall be extended by one day for each day of delay.Deliverables to the City within five business days or the Review Period execution of the Purchase Agreement, the Seller shall deliver the requested plans and specifications for the building (the “Deliverables”). Upon the City’s any existing building condition assessments or inspection reports and any existing The Seller shall provide the City with the following, including, but not limited to Deliverables:The Aircraft Hangar shall be delivered in its “AS-IS” condition.“AS IS”:cost to the Seller.obtained by the City in connection with its inspection of the Aircraft Hangar atno provide the Seller with copies of any written reports, studies, or test results associated with said inspection of the Aircraft Hangar. The City agrees that it will including the cost of attorneys’ fees. The City shall be responsible for all costs inspection of the Aircraft Hangar conducted by the City, its agents, or contractors, Seller harmless from any claim for damage to person or property arising from its Hangar as requested by the City. The City shall indemnify, defend, and hold the the Review Period, the Seller shall provide the City with access to the Aircraft waive any remaining Review Period time by written notice to the Seller. During Review Period, the City may cancel the Purchase Agreement. The City may Purchase Agreement is executed on or before August 31, 2022. During the this Letter of Intent is executed by the Seller on or before July 31, 2022, and a execution of this Letterof Intent and conclude90 days thereafter, provided that Aircraft Hangar. Said Review Period shall commence the first day following full The City needs a period of time (the “Review Period”) to evaluate and inspect the Due Diligence:City’sAgreement without the written consent of the Seller.the City and the Seller. The City may not assign its rights under the Purchase The Purchase Agreement shall provide that the terms thereof shall be binding on Assignment:Binding Effect/ DOCSOPEN\\RC110\\131\\808585.v1-7/6/22 50\[remainder of page intentionally blank\]accounting fees associated with this transaction.The City and the Seller shall each be responsible for their own legal and Aircraft Hangar shall be prorated between the parties as of the date of closing. performs of the Aircraft Hangar. Any personal property taxes associated with the The City shall be responsible for the cost of any inspections or evaluations that it Closing Costs:parties. the Seller for review within 14 days of signature of this Letter of Intent by both (DATE). The Purchase Agreement shall be prepared by the City and presented to provided that this Letter of Intent is executed by the City and Seller on or before Purchase Agreement that embodies the terms hereof no later than (DATE), Purchase Agreement:The City and the Seller will diligently endeavor to execute a mutually acceptable DOCSOPEN\\RC110\\131\\808585.v1-7/6/22 51 Date: ___________, 2022Its: Executive Director John Reed By: __________________________Date: ___________, 2022Date: ___________, 2022Its: Mayor Kim Norton Leon ErnsterBy: ____________________________________________________CITY OF ROCHESTERBUYERSELLERThe City of RochesterSincerely, Thank you.If you have any questions, please contact Airport Executive Director John Reed. and absolute discretion. reserves the right not to enter into a Purchase Agreement for any reason or no reason in each of their sole Purchase Agreement will be at such party’s sole risk and cost. Each of the parties hereto expressly Any costs incurred or actions taken by the Seller or the City in the absence of an executed and delivered party. The Purchase Agreement must be approved by both the City Council and the Airport Commission. contractually bound only upon full execution and delivery of a written Purchase Agreement by each is not, and is not intended to be, contractually binding on either party. The parties will otherwise be the undersigned. This Letter of Intent is intended only as an expression of the status of negotiations and acknowledge approval by signing in the space provided below and returning the signed counterpart to If this Letter of Intent accurately summarizes terms and conditions agreeable to the Seller, please 2022 Market Value 52 DAY Day Group Job No. 2022503 Client is the City of RochesterOwner is Leon ErnsterRochester International AirportAircraft Hangar Appraisal Report Page intentionally blank 53 DAY 54 Minnesota?Certi?ed?General?Real?Property?Appraiser?Licensed?#20480945 Jonathan D. Day, MAI, PresidentDAY GROUP LLCRespectfully submitted,It has been a pleasure to serve you in this manner. Feel free to contact us if you have any questions or concerns. ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($165,000)subject to limitations and conditions as hereinafter stated, in the amount shown below:values reported herein. Based upon our investigation and analysis, it is our opinion that the subject had a market value, Neither my employment to make this appraisal nor the compensation received is contingent upon the conclusions or as?de?ned?by?USPAP,?which?only?can?be?relied?upon?by?the?client.??Additional?supporting?data?retained?in?our?w ork?le.Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. Attached is an ”Appraisal Report” plicable local, state and federal regulations pertaining to appraisal practice and procedure, and the Code of Professional -The appraisal has been made in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP), apincluded, and the scope of work employed in our analysis of the subject property. assumptions?or?hypothetical?conditions,?identi?cation?and?description?of?the?subject?property,?any?personal?property?or?descr iptions?on?the?effective?date?of?value,?a?de?nition?of?market?value,?assignment?conditions,?any?extraordinary?Before relying upon any of the conclusions, please refer to the body of the attached appraisal report for statements upon its “as-is” status.appraisal. The date of value is March 30, 2022, the leasehold interest being on a land lease has been appraised based the stated intended use and users. Day Group LLC assumes no responsibility for any unintended uses or users of the assist in a determination of market value for potential acquisition. The appraisal as developed and reported is only for and intended user is the City of Rochester. There are no other intended users. The intended use of the appraisal is to The attached report contains the summary of the analysis completed, commentary, and value conclusions. The client been completed. I have considered the relevant factors relating to the subject property and the current market forces. In accordance with your request, an inspection and a market value appraisal analysis on the referenced property have Dear Mr. Reed:Owner is Leon Ernster , Minnesota Rochester AirportAircraft Hangar located at Rochester International Appraisal ReportMarket value RE:Rochester, MN 559027600 Helgerson Dr SWc/o Rochester Airport CompanyCity of RochesterJohn Reed, AAE, Executive DirectorApril 5, 2022 www.daygroupmn.com763.205.6966 Plymouth, MN 55441 12805?Highway?55,?Suite?302Plymouth?Court?Of?ce?Center Page intentionally blank 55 TABLE OF CONTENTS 56 67 COMPANY BROCHURE63 QUALIFICATIONS OF JONATHAN D. DAY59 EXPOSURE & MARKETING TIME 58?RECONCILIATION?AND?FINAL?VALUE?ESTIMATE 57 INCOME APPROACH 49?SALES?COMPARISON?APPROACH45?C OST?APPROACH43?HIGHEST?AND?BEST?USE41?MARKET?OVERVIEW40?SUBJECT?HISTORY 39 REAL ESTATE TAXES31 DESCRIPTION AND ANALYSIS OF IMPROVEMENTS25 SITE DATA AND ANALYSIS23 ZONING15 LOCATION ANALYSIS13 SCOPE OF WORK USED TO DEVELOP APPRAISAL 12 TYPE OF REPORT11 SIGNIFICANT ASSIGNMENT CONDITIONS10 DATE OF APPRAISAL AND PROPERTY RIGHTS9 TYPE AND DEFINITION OF APPRAISED VALUE 8?HYPOTHETICAL?CONDITION S?AND?EXTRAORDINARY?ASSUMPTIONS 7 ASSUMPTIONS AND LIMITING CONDITIONS6 CERTIFICATION OF APPRAISER2 SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY1 IDENTIFICATION OF CLIENT, OTHER INTENDED USERS, AND INTENDED USE OF APPRAISALADDENDA Page intentionally blank 57 1 58 is only for the stated use.likely offer to the owner. Use or reliance of the appraisal tended use is for asset evaluation in conjunction with a -The client is intending to acquire the subject The in Intended Use of Appraisal this report, does so at its own risk and liability.authorized use or third party relying upon any portion of -praisal engagement not be from the borrower. Any un-real estate transaction. FIRREA requires that the apThis appraisal cannot be used for a federally-regulated agreement relating to the property.decision or any appraisal contingency in a purchase should not serve as the basis for any property purchase own use. For any unintended user, the appraisal report their own choosing if they require an appraisal for their are advised to obtain an appraisal from an appraiser of or rely on the appraisal for any purpose. Such parties ed user of the appraisal and no such party should use -identi?ed?any?purchaser,?borrower?or?seller?as?an?intend Other than the City of Rochester, the appraiser has not ed users or uses of the appraisal. -LLC assume responsibility for any reliance by unintendand stated use. Neither the appraisers nor Day Group for the intended user onlyas developed and reported is work, and reporting requirements. Hence, this appraisal ments involve different assignment conditions, scope of -Differing intended users and appraisal problems/assign Restriction on Use of Appraisal the past 3 years.The appraiser has not completed a prior appraisal within Previous Subject Appraisals praiser-John Reed, AAE, Executive Director engaged the apRochester, MN 559027600 Helgerson Dr SWc/o Rochester Airport CompanyCity of Rochester Client and Appraisal Engagement DAY Email: jon@daygroupmn.com License?#20480945MN?Certi?ed?General?Real?Property?Appraiser?Jonathan D. Day, MAI, Presidentwww.daygro upmn.comPhone 763-205-6966 Plymouth,?MN??5544112805?Highway?55,?Suite?302Plymouth?Court?Of?ce?Center Appraiser City of Rochester. There are no other intended users. Intended User AND INTENDED USE OF APPRAISALIDENTIFICATION OF CLIENT, OTHER INTENDED USERS, Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 2 59 No hypothetical conditions were used in the appraisal Hypothetical Conditions PID?is?54-09-21-900215 County, MN Legal?is?Hangar?on?RP?54.09.21.085912,?Olmsted?Legal Description and PID Number 2022503 Day Group File Number pired ground lease-Fully owner-occupied building operating under an ex Subject Occupancy Contact is Leon ErnsterRochester, MN 559023207 Fox Hollow Ct SWLeon Ernster Subject Property Owner Rochester, MNRochester International AirportAircraft Hangar Subject Property Name and Location SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY owner-user/ground lease tenant.potential buyer would most likely be an Continued private GA hangar use. A Best UseHighest and Aircraft hangarCurrent Usethe subject.menced with the City for it to acquire -to the City. Discussions have comright to remove the structure, or sell It is understood that the tenant has the nual renewal options.-some?point?it?had?been?modi?ed?to? an lease indicated 5-year renewals, at The owner reports while the original built the hangar. Rochester?in?1988?and?subsequently?signed a ground lease with the City of The owners/ground lease tenant HistoryGoodCondition 1988?per?Olmsted?County Year Built 3,240 GBAage mezzanine.-frared heater, and a modest 96-sf stor-pended gas unit heater and a gas in-unpainted drywall walls, having a susis no buildout, yet is fully insulated with ing, with metal exterior and roof. There -planes. Clear span wood frame builddesigned to accommodate up to 3 A private, general aviation hangar and FeaturesBuilding Type Aircraft hangar pad site of 0.23 acresSitethe general aviation sectionRochester International Airport, within Location Subject Property Overview Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 3 60 Google AerialCounty Parcel Map SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 4 61 Subject Photographs SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 5 62$50.93/sf$165,000Concluded Appraised ValueN/AN/AIncome Approach$50.93/sf$165,000Sales Comparison Approach$51.23/sf$166,000Cost Approach Per GBATotalSummary and Value Indications SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 6 63 praisal Practice of the Appraisal Institute.-fessional Ethics and Standards of Professional Ap-conformity with the requirements of the Code of Prowere developed, and this report has been prepared in opinions and conclusions The reported analyses, 11)signing?this?certi?cation.??cant real property appraisal assistance to the person -praiser?License?#4000814),?no?one?provided ?signi?-MAI,?SRA?(MN?Certi?ed?General?Real?Property?Ap tation with Thomas J. Day, Other than some consul 10)is the subject of this report.inspection of the property that I have made a personal Practice (USPAP).with the Uniform Standards of Professional Appraisal oped, and this report has been prepared, in conformity -analyses,?opinions,?and?conclusions?were?develMy??intended use of this appraisal.currence of a subsequent event directly related to the -ion, the attainment of a stipulated result, or the oc-the cause of the client, the amount of the value opina predetermined value or direction in value that favors not contingent upon the development or reporting of compensation for completing this assignment is My upon developing or reporting predetermined results.in this assignment was not contingent My engagement assignment.subject of this report or to the parties involved with this I have no bias with respect to the property that is the mediately preceding acceptance of this assignment.-subject of this report within the three-year period imany other capacity, regarding the property that is the have?performed?no?services,?as?an?appraiser?or?in??interest with respect to the parties involved.erty that is the subject of this report, and no personal -have no present or prospective interest in the prop sions.-biased professional analyses, opinions, and conclu-conditions, and are my personal, impartial, and unlimited only by the reported assumptions and limiting and conclusions are The reported analyses, opinions, and correct.in this report are true The statements of fact contained I certify that to the best of my knowledge and belief:CERTIFICATION OF APPRAISER??8/31/2022?Expiration?Date:License?No.?20480945Minnesota?Certi?ed?General?Real?Property?AppraiserState?Certi?cation:?Jonathan D. Day, MAI, PresidentSignature: ____________________________________ April 5, 2022 Date:appraisal assignment.education and resources to competently complete this certify?that?I?have?adequate?knowledge,?experience,??1 4)the Appraisal Institute. tinuing education program for Designated Members of -completed the conAs of the date of this report, I have 13)authorized representatives.of the Appraisal Institute relating to review by its duly to the requirements The use of this report is subject 12)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 7 64 any portion of this report, does so at its own risk and liability.of the appraisal. Any unauthorized use or third party relying upon assume responsibility for any reliance by unintended users or uses user(s) and stated use. Neither the appraisers nor Day Group LLC for the intended onlythis appraisal as developed and reported is volve different assignment conditions and scope of work. Hence, -fering intended users and appraisal problems/assignments in right of publication. Possession of this report or a copy thereof does not carry with it the of?ce?of?the?appraisers.ket?data?is?more?fully?documented?in?the?con?dential??les?in?the?-in the appraisal report relating to the comparable marInformation requirements of ADA in estimating the value of the property.to this issue, we did not consider possible non-compliance with the the value of the property. Since we have no direct evidence relating ments of the Act. If so, this fact could have a negative effect upon -the property is not in compliance with one or more of the requiredetailed analysis of the requirements of the ADA, could reveal that possible that a compliance survey of the property, together with a conformity with the various detailed requirements of the ADA. It is and analysis of this property to determine whether or not it is in uary?26,?1992.??We?have?not?made?a?speci?c?compliance?survey?-Americans?with?Disabilities?Act?(“ADA”)?became?effective?JanThe??ers.-media without the prior written consent and approval of the appraisthe public through advertising, public relations, news, sales, or other with which the appraisers is connected), shall be disseminated to reference?to?any?professional?appraisal?organizations,?or?the??rm?as to value, the identity of the appraisers, professional designations, contents of this report, or copy thereof (especially any conclusions Bylaws and Regulations of the Appraisal Institute. No part of the of the contents of the appraisal report is governed by the Disclosure 17) estimated exposure/marketing time period. the owner to locate a purchaser at the appraised value within the no liability for changes in market conditions or for the inability of market data available at the valuation date. Therefore, I assume pated?bene?ts?subject?to?investment?risk,?measured?mainly?by?the?-offers only a supportable opinion as to the present worth of antici appraisal?does?not?af?x?or?set?the?pr ice?of?the?property?but?This??can be assumed by the appraisers.no responsibility for accuracy of such items furnished the appraisers considered reliable and believed to be true and correct. However, others, and contained in the report, were obtained from sources the appraisers by Information, estimates, and opinions furnished to report.ance has been stated, described, and considered in the appraisal -state and federal environmental regulations unless a noncompli is?assumed?that?there?is?full?compliance?with?all?applicable?local,??opinion of value contained in this report is based.have been or can be obtained or renewed for any use on which the local, state or national government or private entity or organization consents, and other legislative or administrative authority from any is?assumed?that?all?required?licenses,?certi?cates?of?occupancy,??been?identi?ed,?described?and?considered?in?the?appraisal.restrictions have been complied with, unless a nonconformity has that all applicable zoning and use regulations and It is assumed The?client?is?urged?to?retain?an?expert?in?this??eld,?if?desired.any expertise or engineering knowledge required to discover them. value. No responsibility is assumed for any such conditions, or for no such material on or in the property that would cause a loss in The value estimate is predicated on the assumption that there is potentially hazardous materials may affect the value of the property. tos, urea-formaldehyde foam insulation, radon gas, mold, or other -The presence of substances such as petroleum products, asbes appraisers,?however,?are?not?quali?ed?to?detect?such?substances.??edge of the existence of such materials on or in the property. The -not observed by the appraisers. The appraisers have no knowlmaterial, which may or may not be present on the property, was otherwise stated in this report, the existence of hazardous Unless expert?in?this??eld,?if?desired.not guarantee such determinations. The client is urged to retain an Hazard?Area.??Precise?locations?are?dif?cult?to?m ake,?and?we?can?viewed FEMA maps for determining the subject’s Special Flood -upon the scope of work, the appraisers may have reDepending to?retain?an?expert?in?this??eld,?if?desired.??gineering knowledge required to discover them. The client is urged -no responsibility for any such conditions, or for any expertise or enidentifying these factors is beyond our area of expertise, we assume have?no?signi?cant?or?value-impacting?delineated?wetlands.??Since?otherwise noted in this report, the subject is assumed to Unless 9)stated.discover such factors. Stable soils are assumed unless otherwise for such conditions, or for engineering which might be required to more or less valuable. The appraisers assume no responsibility ditions of the property, subsoil, or structures, which would render it -appraisers?assume?that?there?are?no?hidden?or?unapparent?conThe??8)are invalid if so used. ings must not be used in conjunction with any other appraisal and -of utilization. The separate values allocated to the land and buildland and the improvements applies only under the stated program of the total value estimated in this report between the Any allocation 7)been previously made.reference to the property in question, unless arrangements have mony, or appear in court because of having made the appraisal with -give further consultation, testiThe appraisers are not required to 6)the report.and that there is no encroachment or trespass unless noted within is within the boundaries or property lines of the property described assumed that the utilization of the subject land and improvements property. The appraisers have made no survey of the property. It is dimensions and is included to assist the reader in visualizing the Any plat, site plan or sketch in the report may show approximate 5)assumed.ownership?and?competent?property?management?are? Responsible??4)encumbrances unless otherwise stated.free and clear of all indebtedness, liens or The property is appraised 3)The furnished legal description is assumed to be correct. 2)good and marketable. appraisers render any opinion as to the title, which is assumed to be ture affecting the property appraised or the title thereto, nor do the -rs assume no responsibility for matters of a legal naThe appraise 1)ASSUMPTIONS AND LIMITING CONDITIONS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 8 65 ment.-No hypothetical conditions were used in this assignused in an analysis. ket conditions or trends; or about the integrity of data -about conditions external to the property, such as maror economic characteristics of the subject property; or tions are contrary to known facts about physical, legal, -is used for the purpose of analysis. Hypothetical condiexist on the effective date of the assignment results, but which is contrary to what is known by the appraiser to a?condition,?directly?related?to?a?speci?c?assignment,?HYPOTHETICAL CONDITION DEFINED (per USPAP): Hypothetical Conditions the subject’s valuation would likely vary.ed the assignment results. If these items were not true, -The above extraordinary assumption might have affectnary assumptions were used in this assignment.-has not been included in appraisal. No other extraordiAny impact of the existing, below market ground lease acquire the property subject to a market-rate land lease. along with the airport allowing another aviation buyer to sumed (or ongoing renewal rights at market terms), -A continued long-term, market-rate ground lease is astegrity of data used in an analysis.-property, such as market conditions or trends; or the intics of the subject property; or conditions external to the -might include physical, legal, or economic characterispraiser’s opinions or conclusions. Uncertain information -analysis which, if found to be false, could alter the apfective date regarding uncertain information used in an -PAP):?an?assignment-speci?c?assumption?as?of?the?ef-EXTRAORDINARY ASSUMPTION DEFINED (per US Extraordinary Assumptions EXTRAORDINARY ASSUMPTIONSHYPOTHETIC AL CONDITIONS AND Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 9 66 which can occur in transactions in depressed markets. for?any?special?or?creative??nancing?or?sales?concessions?The?above?de?nitions?require?analysis?on?property?value?by?anyone?associated?with ?the?sale.creative??nancing?or?sales?concessions?granted?for?the?property?sold,?unaffected?by?special?or?price?represents?the?normal?consideration?The??ble?thereto;?and-or?in?terms?of??nancial?arrang ements?comparais?made?in?terms?of?cash?in?U.S.?dollars?Payment??open?market;?reasonable?time?is?allowed?for?exposure?in?the?A?interest;and?acting?in?what?they?consider?their?own?best?parties?are?well ?informed?or?well?advised,?Both??Buyer?and?seller?are?typically?motivated;?title?from?seller?to?buyer?under?conditions?whereby:of?a?sale?as?of?a?speci?ed?date?and?the?passing?of?lus.??Implicit?in?thi s?de?nition?is?the?consummation?-assuming?the?price?is?not?affected?by?undue?stimuer?each?acting?prudently?and?knowledgeably,?and?-conditions?requisite?to?a?fair?sale,?the?buyer?and?sellbring?in?a?co mpetitive?and?open?market?under?all?The?most?probable?price?which?a?property?should??ne?market?value?as:-regulate?federally?insured??nancial?institutions,?which?deThis?de?nition?is?compatible?with?fe deral?agencies?that?InstituteSeventh?Edition,?published?in?2022?by?the?Appraisal?Source:??The?Dictionary?of?Real?Estate?Appraisal,?assuming?that?neither?is?under?undue?duress.prudently,?knowledgeably ,?and?for?self-interest,?and?to?a?fair?sale,?with?the?buyer?and?seller?each?acting?a?competitive?market?under?all?conditions?requisite?erty?rights?should?sell?after?reasonable?exposure?in?-cisely?rev ealed?terms,?for?which?the?speci?ed?prop-cash,?or?in?terms?equivalent?to?cash,?or?in?other?preThe?most?probable?price,?as?of?a?speci?ed?date,?in?is:The?de?nition?of?“Market?Value”?as?utilized?in?this ?report?Market?Value?De?nition itive market for a reasonable time period to sale) -of sale (e.g., exposure in a competThe conditions other terms)(e.g., cash, cash equivalent, or The terms of sale parties (i.e., seller and buyer) nship, knowledge, and motivation of the The relatio generally fall into three categories:tives,?and?may?vary?from?de?nition?to?de?nition,?but?-Market value incorporates several conditions/perspecapplicable in an appraisal.”the?de?nition?of?the?term?identi?ed?by?the?appraiser?as?of?a?certain?date,?under?speci?c?conditions?set?forth?in?(i.e., a right of ownership or a bundle of such rights), as as an opinion, that presumes the transfer of a property From USPAP, market value is “a type of value, stated purchasing power. Value is created by utility, scarcity, desire and effective conservation and preservation issues), and cost.mass appraisal techniques, public interest value (e.g., value used for taxation purposes and based upon terprise), insurable value, liquidation value, assessed -which can include personal property and business enconcern value (value of a proven property operation investment?value?(value?to?a?speci?c?investor),?going? value,?value?in?use?(value?based?upon?a?speci?c?use)is purely an economic concept. It differs from intrinsic subject property as of the date stated. Market value of the market valueThe type of value appraised is the Type of Value TYPE AND DEFINITION OF APPRAISED VALUE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 10 67 has not included in appraisal.The impact of the existing, below market ground lease appraisal.The impact of any existing mortgage is not included in paid.any other levies/liens on the subject are assumed to be ments, deferred assessments, unpaid utility charges, or -Any deferred taxes, delinquent taxes, special assessvalue.tangible business assets are included in the real estate -No?personal?property,?special?trade??xtures,?or?any?in easements or encroachments: none.The?property?is?subject?to?the?following?known?signi?cant?taxiways and runways.The subject has rights to use airport facilities including rates. de?nite?term?land?lease?with?renewal?options?at?market?-of either a long-term market-rate land lease, or an inlease”. The appraisal is based upon the assumption stated?term?and?under?the?conditions?speci?ed?in?the?held by the lessee to use and occupy real estate for a Estate?Appraisal?de?nes?leasehold?interest?as? “the?right?if any. The Seventh Edition of The Dictionary of Real easements for drainage, public streets and utilities, Appraised is the leasehold interest subject to normal Property Rights Appraised 4/5/2022 Date of Report3/30/2022Date of Inspection3/30/2022Date of Value Appraisal Dates DATE OF APPRAISAL AND PROPERTY RIGHTS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 11 68 upon unsubstantiated legal opinions.use conclusions, unaccepted appraisal theories, or based upon speculative/unsupported highest and best No assignment conditions have been accepted that are preclude the appraiser’s impartiality.cause of the client, result in favorable compensation, or predetermined opinions or conclusions, that favor the There are no client assignment conditions that result in Used to Develop Appraisal section of this report.sumptions section of this report. See Scope of Work -the prior Hypothetical Conditions and Extraordinary AsThe appraisal is based upon the conditions stated within subject property.This appraisal is based upon the “as-is” status of the lease is assumed. cluded - a market-rate long-term or renewing ground -been included. The underlying land has not been in Subject?trade??xtures?or?personal?property?have?not?fessional Appraisal Practice of the Appraisal Institute.-to the Code of Professional Ethics & Standards of Procompleted in compliance with USPAP, and in conformity The assignment includes an appraisal that has been Signi?cant?Assignment?Conditions ditional background on the appraiser.-Quali?cations?of?Appraiser?section?of?this?report?for?ad partner Thomas J. Day, MAI, SRA. Please refer to the some experience with past hanger appraisals, including valuations, plus consultation with appraisers who have research and market-participant interviews on hangar have been previously completed. Completed have been other ground-lease properties, yet no hangar valuations with airport-related appraisals & review appraisals and praisal assignment. The appraiser has been involved -ence and resources to competently complete this ap-MN?appraisal?certi?cations/licenses,?education,?experi The appraiser has the necessary State of Competency:countered.-value opinion. No special appraisal problems were enavailable and analyzed in our development of a credible tained and well occupied. Adequate market data was -ing has minimal buildout and has been adequately main-lease is assumed for the analysis. The leasehold builda below market ground lease. A market-rate long-term The subject is a typical aircraft hangar on Overview:thetical assumptions.-property rights, extraordinary assumptions and hypo value,?the?identi?cation?of?property?characteristics?and?appraisal,?the?type?and?de?nition?of?value,?the?date?of?cation of client and intended user, the intended use of -Elsewhere?within?this?report?are?described?the?identi?Summary of Appraisal Problem SIGNIFICANT ASSIGNMENT CONDITIONS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 12 69 methodologies employed in this appraisal assignment. user’s agent is unfamiliar with real estate terminology or techniques. Please contact the appraiser if an intended with real estate and appraisal terminology and analysis is written for the intended user, and assumes familiarity additional?support?retained?in?our?work?le.??The?report?The reporting option utilized is “Appraisal Report,” with Type of Report tended user of the appraisal.-option is dependent upon the intended use and the inlevel of information provided in the report. Again, the The difference between the options is the content and with?additional?supporting?work?retained?in?the?work?le.highest and best use conclusions, and value opinions, “summarize” the appraisal techniques employed, the - This option requires the appraiser to Appraisal Report work?le.and value opinions, with supporting work retained in the niques employed, the highest and best use conclusions, -appraiser to more succinctly “state” the appraisal tech - This option allows the Restricted Appraisal Reportpared under one the following options:-quires a written real property appraisal report to be pre-appraisal, the current USPAP Standards Rule 2-2 reBased upon the intended use and intended user of the Overview TYPE OF REPORT Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 13 70 developedThis secondary valuation tool is not ApproachIncome DevelopedApproachComparison Sales Developed without a land valueCost ApproachNot developedanalysisLand value DevelopedUseHighest and Best Scope of Work Analysis and area demographic data.excerpts?from?published?zoning?code,?traf?c?count?maps?map, published zoning map, published guide plan map, ic?map,?aerial?photos,?tax?recor ds,?FEMA??ood?hazard?-Reviewed were a plat map, site plan, district topograph Public Sources Reviewed have been reviewed.range, yet aerial and other imagery have not due to their wide locational RST) been inspected; other comps reliable sources. Only one (also at by?our?of?ce?were?obtained?from?transaction.??Comps?not?con?rmed?be?con?rmed?with?a?party?to?the?an assessor and were not able to Most?comps?are?veri?ed?sales?with?inspection veri?cation?and?Comparablemaster plan update documents.2013?lease?extension,?1988?survey,?Copy?of?the?1988?ground?lease?and ?availableDocuments Obtained from public tax recordsLegal descriptionculated the building area-the main improvements and has calAppraiser has personally measured Building sizeNo building plans were availableBuilding plansas it is leased from the airportland is not valued in this assignment sumed to be accurate, although the -A?1998?survey?was?available.??It?is?as Site sizeDirector with Rochester Airport.as did Kurt Claussen, Deputy Airport the appraiser during the inspection, sentative Leon Ernster accompanied -spected the property. Owner repre-The appraiser has personally inInspection Scope of Work Elements SOW performed is shown.pages and within the various sections of this report, the within other sections of this report. On the following The appraisal problem has been adequately disclosed at opinions or conclusion type?and?extent?of?analysis?applied?to?arrive??4.The type and extent of data researched 3.ed-le property is inspectThe extent to which tangib 2.The?extent?to?which?the?property?is?identi?ed?1.al review assignment.” Scope of work (SOW) includes:-tent of research and analyses in an appraisal or apprais-Scope?of?work?is?de?ned?by?USPAP?as?“the?type?and?ex Scope?of?Work?De?nition?and?Overview SCOPE OF WORK USED TO DEVELOP APPRAISAL Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 14 71 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 15 72 The subject is within the southern portion of the city of Rochester, within Olmsted County.for additional discussion, including the pandemic’s impact. adversely impacted, while the residential market remains strong with low interest rates. See Market Overview section a?compression?in?cap?rates.??COVID-19?has?caused?uncertainty?in?the?market?with?retail,?of?ce,?and?hotel?m arkets?Before COVID-19, property fundamentals, demand, rents and vacancy rates had improved in recent years, along with erally avoids the wide economic extremes. -and has over 2 million annual visitors. Unemployment rates for the region are lower than the nation. The region genMajor employers include Mayo Clinic and a major IBM facility. Mayo Clinic reportedly employes over 30,000 people The MSA has a regional concentration of economic activity and jobs. The employment centers are within Rochester. Continued growth is projected. Both natural growth and migration will factor into the population increases. The?2019?population?estimate?for?the?4-county?MSA?was?215,646,?and?the?median?household?income?was?$135,909.??cultural activities, both high-income and low-income households.region. It has a concentration of population, housing, higher-education workers (including many medical-related), The subject is located in Minnesota, within the Rochester metropolitan area. Rochester is a secondary MSA in the Regional Setting LOCATION ANALYSIS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 16 73 Location Map stable long-term future outlook. , it is an average industrial setting on Rochester International Airport property having a In summary and conclusionOverview section of this report for more discussion.markets, demand and values. In comparison to competing districts, the subject area is rated average. See Market Values are average in this outer area. Overall, there have been improvement in property fundamentals, capital The area surrounding the airport has remaining mostly undeveloped. Demographics are rated average.and there are good transportation routes and access. within a lower density area having adequate district properties and stable trends. Highway access is within 1 mile, The subject is in the City of Rochester near I-90 and Highway 63 onsite of Rochester International Airport (RST), Location Description LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 17 74 Historical Rochester Population Agricultural AIRPORTROCHESTERCITY OF AgriculturalIndustrialCommercialResidential Aerial Photo of Area LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 18 75 roadway, and general aviation (including new areas of hangar development).improvements?to:?the?air?eld,?the?instrument?approach?areas,?air?eld?support?facilities,?passenger?terminal,?parking,?e red a growing airport. The in-progress master plan for RST has conceptual plans for future upgrades which include -for services at Mayo Clinic, and the increasing passenger and aircraft operations before COVID-19, RST is consid 2019,?but?it?signi?cantly?increased?since?2020.??With?the?signi?cant?investment?into?the?airport,?the?strong?demand?temporary impact and not a long term trend. Flights and passenger levels were down in 2021 when compared to Despite?the?signi?cant?impact?to?the?airline?industry?as?a?whole,?and?RST?speci?cally,?COVID-19?is?believed?to?be? a?the last 10 years annual passenger levels had typically been in the low to mid-200,000s. levels before COVID-19 became a pandemic, with the annual level ending up at 135,000± passengers in 2020. Over and 50,000± control tower operations in 2019. January and February 2020 passenger levels were 10% above 2019 structures.??The?airport?is?classi?ed?as?a?primary?nonhub?airport?with?37 0,000±?passengers?served?in?2018?and?2019,?gars,?49?T-hangars,?and?Signature?Flight?Support?being?the?Fixed?Based?Operator?(FBO)?at?RST?with?numerous?-Improvements?include?an?air?traf?c?control?tower ,?a?terminal,?maintenance?buildings,?5?private?general?aviation?hanwhich?will?reconstruct?and?improve?the?entire?air?eld,?at?a?total?cost?of?$79?million.??dergoing?reconstruction?and?being?lengthened ?by?1647’.??Construction?began?in?May?2021?for?a?multiple?year?project?-It?has?two?concrete?runways?(9034’?x?150’?runway?13/31?and?9301’?x?150’?runway?2/20)?with?runway?2/20?currently?un and maintains the airport for the City of Rochester.rier.??This?24/7?airport?is?the?2nd?busiest?airport?in?Minnesota.??The?Rochester?Airport?Company?manages,?operates,?-current name in 1995. Four major commercial air carriers service RST, with Federal Express as the major cargo carin 1950± in an area to allow for expansion. It was known as Rochester Municipal Airport before being renamed to its Rochester?International?Airport?(RST)?is?situated?on?2400?acres,?originally?founded?in?1928.??The?airport?was?relocated?Description of Rochester International Airport LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 19 76 LOCATION ANALYSIS (CONTINUED)Existing Facilities as of 2018±PPPP MGMG PPPPVVPPPPVV Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 20 77 LOCATION ANALYSIS (CONTINUED)Terminal Area Facilities as of 2018±MGMG PPPP Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 21 78 LOCATION ANALYSIS (CONTINUED)Preliminary Conceptual Development Plan 4000200000 N LEGENDConceptual Development Plan Figure?1 TW A3 80TH STREET SW 90th STREET/ FORMER TRUNK HIGHWAY 30 SW90TH STREET SE85TH STREET SE80TH STREET SELC DRIVE SW31ST AVENUE SWC.S.A.H. NO. 16C.S.A.H. NO. 16 Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 22 79 Passenger terminalGA portion of the airportGA fueling facilityNearby hangars & T-hangarsNearby T-hangarsNearby private GA hangars Photos of Nearby Uses at RST LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 23 80 Airport Zoning MapCity of Rochester Zoning Map rights. subject conforms to the major provisions of the zoning codes, or that any nonconformity has long-term grandfathered A detailed zoning compliance study is beyond the scope of work and resources of the appraisers. It is assumed the authority likely limits subject usage to general aviation purposes. While there are no known formal private deed restrictions for the subject, through the ground-lease contract the airport and associated commercial and industrial uses on lands managed by the Airport Authority”.The subject is guided Airport Facilities, which is land “utilized for the operations of the Rochester International Airport for agricultural, commercial, industrial, or SFR residential dwellings.also within Zone C of the Airport Zoning Ordinance, which is subject to height restrictions. Uses are designed to be industrial uses, including airport-related uses. Standards include setbacks of 25’ front and 10’ rear. The subject is The subject is zoned M-1, Mixed Commercial-Industrial District. Permitted uses include a variety of commercial and Overview ZONING Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 24 81 Future Land Use Map ZONING (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 25 82 1988 Survey sumed. -tures, utility and access, without having any water service. No other unusual conditions or factors apparent or as-, the subject is an average aircraft hangar site in the GA portion of RST. It has typical feaOverall and in conclusionenvironmental issues apparent or assumed.aviation-related structures. There are no known easements impacting the subject, nor are there any soil condition or eral aviation (GA) section of the airport and adjacent properties include a variety of hangars, T-hangars, and other -It has adequate visibility and access. Development potential is good if it was vacant. The subject is within the genmoval, lawn mowing, and pavement maintenance.-taxiways, runways, fuel service availability, etc. The subject owner/ground lease tenant is responsible for snow re is?no?water?service?provided?to?the?subject.??The?subject?bene?ts?from?use?of?the?adjacent?airport?features,?including?The site fronts on a bituminous airport taxiway having underground electrical service, and natural gas service. There within low risk Zone X.property?is?within?unprinted?map?#27109C0295D?of?the?FEMA?sp ecial??ood?hazard?area,?dated?April?19,?2017?and?is?(110’ x 92.10’) and is fully usable. The site is generally level and has average drainage with no on-site ponding. The ity and value of the hangar improvements. The subject is a rectangular airport hangar pad site containing 10,131 sf -While the underlying land is not valued in the appraisal, the location and features of the pad site contribute to the util Overview SITE DATA AND ANALYSIS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 26 83 Site Plan from 1994 Lease of nearby Parcel A SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 27 84 County Parcel Map SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 28 85 FEMA Flood Hazard Map SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 29 86 Taxiway facing northwestTaxiway facing southwest Taxiway Scenes SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 30 87 Entry road facing southeast Photos of Site Features SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 31 88 April 2021 Oblique Aerial life and value.The subject retains good appeal, remaining features. It has been well-maintained, having remaining economic life. the subject is a good airport hangar, both in condition and quality, and contains adequate ,Overall and in conclusioning to the metal exterior and some front ramp/walkway cracking.-been needed. Only minor deferred maintenance noted during the inspection, and was limited to small areas of dent Its?overall?condition?is?good,?despite?it?being?34?years?old.??Minor?repairs?and?replacements?of?the?componen ts?have?to?have?been?replaced?6?to?8?years?old.Site improvements include lawn, and a front concrete slab providing access to the taxi-way. The front slab is reported concrete and in good condition. Lighting is adequate with LED bulb ceiling lights. The?clear?height?is?18’?to?the?metal?ceiling,?and?the?building?contains?an?automatic?54’?wide?bi-fold?door.??The??oor?is?yet no water service. The building also contains a small, modest, 96-sf storage mezzanine.unit heater (10-15 years old) and an original gas infrared heater. It has adequate natural gas and electrical service, fully insulated with unpainted drywall walls, heated by a gas, suspended use. It does not contain any buildout, yet isThe building is functional for its hangar roof has a metal covering and is original, reported to be in good condition. The subject is a clear span wood frame structure, slab on grade pole building having a metal exterior. The pitched elevated-ceiling?height?1-story?building?containing?a?GBA?of?3,240?sf.??It?is?designed?to?accommodate?up?to?3?planes.The?existing?improvements?were?built?in?1988±?as?an?aircraft?hangar? building?having?a?3.13?L/B?ratio.??The?subject?is?an?Overview DESCRIPTION AND ANALYSIS OF IMPROVEMENTS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 32 89 Building Sketch DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 33 90 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 34 91 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 35 92 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 36 93 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 37 94 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 38 95 Walkway crackingFront ramp damageMetal exterior damageFront ramp damageMetal exterior damage Condition Photos DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 39 96 Assessed Values and Taxes Remaining?Special?Assessment?BalanceUnknownUnknownUnknownUnknown$1,012.00$1,098.00Total?Tax?PaymentSpecial?Assessment?Payment???Per?GBA2.06%2.06%???As?a?Percentage?of? Total?AMVUnknown$1,012.00$1,098.00Net?Taxes$57,600$53,400$49,100Taxable?Market?Value???Per?Land?SF$15.15$16.48$17.78???Per?GBA$57,600$53,400$49,100Total?Assessed?Market?Value???Per?Land?SF$14.48$14.7 8???Per?GBA$47,900$46,900Building?Assessed?Market?Value???Per?SF$9,700$6,500Land?Assessed?Market?ValuePayable?2020Payable?2021Payable?2022 Sheet1 the appraisers.No special assessment search has been completed by paid in full.deferred/delinquent taxes or other levied taxes being The appraisal is based upon any special assessments, creases in assessed valuations and taxes.-supported later in this report, there is risk of future inDue to the much greater concluded appraised value, The subject consists of a single tax parcel. to the subject.The lessee is responsible for real estate taxes attributed All of the airport land is owned by the City of Rochester. Tax Factors for tax purposes. The table below details the taxes and assessed values are based upon the prior year’s assessed valuation. based upon a fee simple interest. Current year taxes the measure used is market value (value in exchange) Annually every January, assessors value real estate—burden. can be placed upon appeal in an effort to reduce the tax cern to many lessors and lessees. Considerable effort -within Minnesota with certain property types. It is of conReal estate taxes on investment property can be high Overview REAL ESTATE TAXES Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 40 97 A market-rate long-term lease is assumed.The impact of any additional leasehold value from the original below-market lease rate is not included in the analysis. for it to acquire the subject. that the tenant has the right to remove the structure, or sell to the City. Discussions have commenced with the City The owner is interested in selling and the Rochester Airport has expressed interest in purchasing. It is understood building is mostly original components as only minor maintenance has been needed. including taxes, maintenance (plus snow removal and lawn mowing), insurance, utilities, etc. It is understood the It was the responsibility of the lessee to construct the building. The lessee is responsible for all expenses of the site, ration. The lessee reports at some point it has converted to annual options.-having a 20-year term with unlimited 5-year options as long as renewal was received more than 90 days before expi hangar?pad?site.??The?lease?was?entered?into?on?November?1,?1988.??A??at?lease?rate?of?$0.03/sf/year?is?agreed?to?Ownership is currently held by the City of Rochester, while the subject is under a ground lease of a 10,131 sf aircraft Analysis and Conclusions SUBJECT HISTORY Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 41 98 Rochester International Airport.understand demand is stronger than the supply within is low compared to other airports of a similar size. It is able. With only 5 private GA at RST, the supply level -own GA hangar if a development site were made availof those tenants have expressed interest in building their cupied?for?the??rst?time?in?at?least?several?years.??Some?-is?rep orted?to?be?good.??At?RST,?all?49?T-hangars?are?oc In general, private general aviation (GA) hangar demand strong?in?2020?other?than?the??rst?weeks?of?COVID-19.Additionally, general aviation was reported to have been airline industry in 2020, it is believed to be temporary. 2019.??While?the?pandemic?signi?cantly?impacted?the?Before COVID-19, 2020 passengers were up 10% from 75% from what has been typical over the prior 10 years. number of passengers served in 2019 was up 50% to ly begun a $79 million improvement project. The annual -RST is the 2nd busiest airport in the state. It has recent Airport Related Trends rate increases occur. ture risks for real estate values if interest rates and cap -value growth is anticipated through 2022. There is fuIn conclusion, despite COVID-19, good demand and Bureau of Labor Statistics.measuring at 3.0% in January 2022 according to the US cantly improved since the beginning of the pandemic, -Unemployment?rates?are?low?in?the?area?have?signi?Rochester,?employing?34,000±?people.Clinic?has?been?a?signi?cant?factor?in?the?economy?of?Roll. It serves over 1.3+ million patients annually. Mayo & World Report in the 2019-2020 Best Hospitals Honor Mayo?Clinic?was?ranked?as?the?#1?facility?by?US?News?table. -following pages. The 2nd half-2020 improvement is noCommercial Property Price Index is presented on the and trends. National value trends reported by the REAL The following graphs illustrate the market movement has occurred overall since the pandemic began.cial property owners. Continued market improvement -with other appraisers, brokers, developers and commerin the owner-user sector are reported in conversations ?ect?the?multi-tenant?industrial?market,?yet?similar?trends?-industrial space. Published market studies generally reincrease in online sales drove expansion of demand for VID-19, and many users are considered essential. The -The industrial market has remained strong during COproperty types.will have only temporary impacts to the market for many fering impacts. However, there is anticipation that this -apparent. Different sectors of the market have had dif the?COVID-19?pandemic,?yet?signi?cant?improvement?is?certainty about the potential lasting adverse effects of -As of the date of value, there is remaining economic unconstruction is occurring. have compressed, values have increased, and some capital is available at affordable interest rates, cap rates ment in property fundamentals (rents & vacancy rates), -improvement in recent years. There has been enhanceAll sectors of the real estate market have experienced General Overview and Trends MARKET OVERVIEW Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 42 99 National Value Trend from/REAL Capital Analytics MARKET OVERVIEW (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 43 100 owner-user/ground lease tenant. maining life. A potential buyer would most likely be an -tal?expenditures?are?needed,?and?there?is?signi?cant?re-facility. A continued use is appropriate, no major capiappeal and acceptance as a private GA aircraft hangar , the subject commands adequate market In conclusionremaining economic life as-is. needed. It is not considered an interim use; it has much ditional customized improvements, no major items are -is appropriate. While some buyers may invest in ading conversion expenditures. A continued hangar use -There are no apparent feasible alternative uses requirpands infrastructure for additional hangar sites.-building a private hangar when airport development exthere is a reported waiting list for users interested in hangar space. All T-hangars are currently leased and tion hangars at RST is low relative to the demand for -Financially, the limited supply of 5 private general avia and?it?has?signi?cant?remaining?life.?penditures needed. Overall, its condition is rated good, -propriate. There are no apparent immediate capital ex-tion due to its vintage, yet a continued hangar use is ap-Physically, the subject exhibits some physical depreciahave “grandfathered” legal non-conforming rights. with zoning, and any non-compliance is assumed to Legally, the subject design and use generally complies Highest and Best Use As Improved owner-user/ground lease tenant. It can be sustained for immediate development by an support development. the land value, and the district and market conditions surrounding properties.. A hangar use would maximize the airport to support an aircraft hangar similar to the adequate features, services, zoning, and location within Legally,?physically?and??nancially,?the?subject?site?has?Highest and Best Use As Vacant ground lease with the airport/City of Rochester.span aircraft hangar without buildout, secured via a As of the date of value, the subject is a typical, clear Use of the Real Estate feasible?uses?is?the?most?pro?table?use)productive?( determine?which?use?of?the?Maximally??4.duce an acceptable occupancy level?)-of?construction??is?there?suf?cient?demand?to?pro such a property? do current rents justify the costs compatible uses, is there an established market for feasible (e.g., surrounding similar or Financially 3.size, terrain, soil conditions, utilities and access)possible (e.g., site adequacy in terms of Physically 2.the potential for re-zoning)permissible (e.g., zoning requirements or Legally 1.use are:The four criteria used in determining highest and best timing, type of user(s) and the most probable buyer(s).and as improved. The conclusions seek to identify use, It considers alternatives for both the site as if vacant, uses,?and?narrows?it?to?that?use?which?is?mos t?pro?table.??subject property. The investigation considers potential a macro perspective to factors that are pertinent to the sis shaped by market and competitive forces, it narrows -ions are predicated. As an economic and market analy-It is a foundational analysis on which the valuation opin maximum?productivity.”sibility,?physical?possibility,??nancial?feasibility,?and?-high est?and?best?use?must?meet?are?legal?permissults?in?the?highest?value.??The?four?criteria?that?the?-“The?reasonably?probable?use?of?property?that?re Appraisal Institute, 2022 is:Real Estate Appraisal, Seventh Edition, published by the Highest?and?best?use?as?de?ned?in?The?Dictionary?of?De?nitions?and?Criteria?Used HIGHEST AND BEST USE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 44 101 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 45 102 Summary and summation n Accrued depreciation is analyzed n Replacement cost new is estimated n The following outline is used in this section:Outline of Cost Approach valuing a hangar on leased land.the use is apparent. A Cost Approach is a valid tool in ported, and where a continued economic demand for -signi?cant?obsolescence?when?depreciation?can?be?sup The results can remain credible for a property having cluding physical, functional, and external obsolescence.-and deducts all depreciation which has occurred - inThe analysis is based on its current cost of replacement, depreciated cost. No land value is included. result. The current value is based upon the subject’s airport, a Cost Approach produces a credible appraisal sign & use, and its ground lease arrangement with the -Given the features of the subject, its special-purpose decurred.-replacement, deducting all depreciation which has ocof the subject property is based on its current cost of structed facility having optimal utility. An indicated value -worth of the subject property to the cost of a newly-constitution where an informed buyer would compare the -The Cost Approach is based upon the principle of sub Development of Cost Approach COST APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 46 103 nomic life of the facility.-features, the market conditions, and the remaining ecoan appropriate estimate given its vintage, condition, Combined?depreciation?is?calculated?at?24%,?which?is?cen ce is merited.-supply at RST is low. Therefore, no external obsolesmand for private GA aircraft hangers is good, and the -No functional depreciation is present. In addition, deditional obsolescence is summarized below. -an age-life analysis using a physical life of 50 years. Adgood condition. Physical obsolescence estimated upon Overall, the subject has been well-maintained and is in nance. There is normal physical wear & tear for its age. -The?subject?does?not?exhibit?signi?cant?deferred?mainte Obsolescence level of buildout, a restroom, etc.$80/sf.??Hangars?of?the? subject?size?often?include?some?separate cost new estimates of $50 to $60/sf, and $55 to tions with two market participants which were indicated -The above conclusion is further supported by conversa is?estimated?at?$210,000,?or?$64.81/sf.?? of the construction costs. Cost new 8%is estimated at .??Entrepreneurial?pro?t?5%cost service are estimated at Additional soft costs not included in the ation Service.-Marshall ValuReplacement cost support obtained from Replacement Cost COST APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 47 104 contributory value for the site improvements is added. Below is a summation of the prior conclusions, plus a Summary and Summation of Cost Approach COST APPROACH (CONTINUED)Less?additional?fu nctional?depreciation?(none)$51.23$166,000$2,000$164,000Indicated?value?(rounded)$0$0$0Plus?land?value?(leased?land,?value?not?included)$6,000$0$6,000Contributory?value?of?site?improvements?$49.38$16 0,000$2,000$158,000Depreciated?cost?of?main?building?improvements$0$0$0External?(none)$0$0$0$49.38$160,000$2,000$158,000?????Physically?depreciated?cost($15.43)($50,000)$0($50,000)Physical?long-lived ?obsolescence?amount24.00%24.00%Divided?by?total?life?of?50?years?=?depr.?%1212Estimated?effective?ageLess?long-lived?physical?accrued?depreciation:$64.20$2,000$208,000Subtotal$0$0Less?immediate?repa irs?&?replacements?needed--none?major$20.83$64.20Per?SF$64.81$210,000$2,000$208,000Replacement?cost?net?of?site?improvements?(rounded)$15,572$184$15,388associated?risk?&?expertise)--estimated?@?8%Ent repreneurial?profit?or?incentive?(i.e.,?return?to?the?developer?for?$60.08$194,651$2,302$192,349?????Subtotal$9,269$110$9,159construction,?legal?fees,?marketing?expense,?leasing?commissions,?etc.)5%? soft?costs?not?included?in?cost?service?(taxes?&?return?on?land?during?$57.22$185,382$2,193$183,190?????Subtotal$0$0$0Plus?extras$57.22$185,382$2,193$183,190?????Subtotal96Times?building?SF$22.84$56. 54?????Subtotal1.091.09Times?local?multiplier1.001.00Times?current?multiplier$20.95$51.87?????SubtotalTimes?area-size?multiplierTimes?story-height?multiplier$20.95$41.64?????SubtotalPlus?fire?sprinkl ers?adjustmentPlus?HVAC?adjustment$20.95$37.00Base?costsMezzanineClass?C,D,S?Industrial?Low?Cost?Storage,?D?Storage?Hangarto?Average?Cost?Class?Low?Cost?Class?D-Pole?Classifications?(from?section?14, ?dated?2/2022)Marshall?&?Swift?building?base?cost?estimates:96Gross?building?area?in?sq.?ft.Per?GBAMezzanineStorage?Hangar 5-parcel Cost Approach$166,000 ($51.23/sf) INDICATED VALUE BY COST APPROACH: Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 48 105 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 49 106 1 Comparable Location Map 267543 repairs noted during the walk-thru inspection. None; no major inadequacies requiring immediate pital expenditures needed: Deferred maintenance/ca 1)been considered:The following adjustment to the indicated value has valuation tool. user. Hence, the Sales Comparison Approach is a good The subject has good appeal and value to an owner-Development of Sales Comparison Approach each sale, and an adjustment analysis.Following are a location map, summary information on range in value from $36± to $93±/sf of GBA.tage, and features from the midwest. Unadjusted, they -I have analyzed 7 comparable sales similar in use, vin Comparable Selection SALES COMPARISON APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 50 107 Kenosha Regional Airport (ENW)Airport:# of Planes 6±GBA$47.22 cation Phone No. and/or Email fi VeriComments Comp. No.2Kenosha, WI52nd St10420 and an estimated 25 private GA hangars onsite. Access to the airport is good from major roads.ENW is categorized as a regional reliever airport facility which had 55,000± aircraft operations in 2019,condition.nishings. Built in 2004, good fi ce having higher end fi nished of fi insulated, and includes 400 sf of the airport on a ground lease. The building is a steel frame pole building with metal exterior and roof, isestimate). Sale of a private general aviation hangar. Located on a 10,000 sf (0.23 ac) site leased fromc date of sale is not known, yet reported to have occurred in 2020 (the date to the left is an fi The speci Sale Price$340,000 Sale Date 7/1/2020 Rochester International AirportAirport:# of Planes 3 GBA?cation Phone No. and/or Email fi VeriComments Comp. No.1Rochester, MNParcel A airport is good from major roads.annually in 2019, 50,000± control tower operations, and 5 private GA hangars onsite. Access to theRST is categorized as an international airport, 2nd busiest in MN, having 370,000± passengersheated by a gas, suspended unit heater. No plumbing service. Built in 1995, good condition.structure, slab on grade pole building with a metal exterior and roof. Fully insulated with drywall walls,ground lease. The pending sale price determined from an appraisal. The building is a wood framePending sale of a private general aviation hangar. Located on a site leased from the airport on a Sale Price$155,000 Sale Date Descriptions of the Comparables SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 51 108 Descriptions of the Comparables (continued)Owatonna Denger Regional Airport (OWA)Airport:# of Planes 3 GBA$41.67 VeriComments Comp. No.4Owatonna, MNHangar #2 estimated 10 private GA hangars onsite. Access to the airport is good from major roads.OWA is a regional general aviation airport facility which had 30,000± aircraft operations in 2018, and anin the 1990s, good condition.nished area (including restroom), 20Õ clear height. Built fi exterior and roof, is insulated, and includes a leased from the airport on a ground lease. The building is a steel frame pole building with metalthe left is an estimate). Sale of a private general aviation hangar. Located on a 6,400 sf (0.15 ac) sitec date of sale is not known, yet reported to have occurred in September 2020 (the date to fi The speci Sale Price$150,000 Sale Date 9/15/2020 Anoka County-Blaine Airport (ANE)Airport:# of Planes 3 GBA$41.67 VeriComments Comp. No.3Blaine, MNHotel St NE 2018, and numerous private GA hangars onsite. Access to the airport is good from major roads.ANE is categorized as a general aviation reliever airport facility which had 75,000± aircraft operations innished area. Built in 1998, good condition.fi The building is a frame pole building with metal exterior and roof, assumed to be insulated with a smallSale of a private general aviation hangar. Located on a site leased from the airport on a ground lease.Sale Price$150,000 Sale Date 6/30/2019 SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 52 109 Descriptions of the Comparables (continued)Anoka County-Blaine Airport (ANE)Airport:# of Planes 1 GBA$35.57 cation Phone No. and/or Email fi VeriComments Comp. No.6Blaine, MNNew Hampshire Ave 2018, and numerous private GA hangars onsite. Access to the airport is good from major roads.ANE is categorized as a general aviation reliever airport facility which had 75,000± aircraft operations inareas. Built in 1982, average condition.nished fi The building is a frame pole building with metal exterior and roof, assumed to be insulated, no Sale of a private general aviation hangar. Located on a site leased from the airport on a ground lease.Sale Price$52,000 Sale Date 8/24/2021 Rapid City Regional Airport (RAP)Airport:# of Planes 3 GBA$92.86 cation Phone No. and/or Email fi VeriComments Comp. No.5Rapid City, SDCook Hangar Ln airport is good from major roads.and 43,000± aircraft operations in 2018, and an estimated 20 private GA hangars onsite. Access to theRAP is a non-hub primary commercial service airport facility which had 625,000± annual passengersand renovated in 2020, good condition.ce (including restroom), 12Õ clear height. Built in the 1990s fi nished of fi insulated, and includes 559 sf of airport on a ground lease. The building is a frame pole building with metal exterior and roof, isActive listing (as of 10/21) of a private general aviation hangar. Located on a site leased from the Sale Price$325,000 Sale Date SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 53 110 Descriptions of the Comparables (continued)West Bend Municipal Airport (ETB)Airport:# of Planes 5±GBA$40.32 VeriComments Comp. No.7West Bend, WIEarl Stier Dr341 airport is good from major roads.46,000± aircraft operations in 2019, and an estimated 25± private GA hangars onsite. Access to theETB is categorized as a general aviation reliever/general utility-corporate airport facility which hadce plus additional mezzanine. Built in 1972, average condition.fi ofnished fi The building is a frame pole building with metal exterior and roof, insulated, with 1360 sf of Sale of a private general aviation hangar. Located on a site leased from the airport on a ground lease.Sale Price$200,000 Sale Date 6/19/2019 SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 54 111 cluded in the transactions. No adjustment is needed.-provements in average condition, and no equipment in-The subject and comparables have adequate site im Site Improvements & Equipment#6?has?a?lower?capacity?(upward?adjustment).rated for higher capacity (downward adjustments), while can?hold,?the?higher?the?value.??Comps?#2?and?#7?are?tion component. The larger number of planes a building -The?capacity?of?aircraft?hangers?are?a?signi?cant?valua moderate adjustment has been made.Many of the comps are of a similar vintage, yet some Age & Condition SALES COMPARISON APPROACH (CONTINUED)ing in downward adjustments.-are rated superior having some interior buildout, resultage, quality of build-out, etc.. Most of the comparables -ponents,?structural/mechanical?features,?of?ce?percent-such as type of construction, clear height, exterior com This?adjustment?category?re?ects?differences?in?features?Building Class, Quality & Appeal leases. No adjustment is needed.The subject and all of the comparables are on ground Land-to-Building Area Ratio, and Site Features kota.-operations of Rapid City Regional Airport in South Da adjusted?upward.??Comp?#5?is?rated?superior,?due?to?the?hangars. Most comps are rated inferior and have been community featuring Mayo Clinic, and few private GA airport servicing commercial passengers, in a stable The subject has a good location as an international si?cation,?and?scarcity?of?private?GA?hangars.-ity/growth of the airport, plane operations, airport clas-for hangar appeal and value. Factors include the stabilLocation and airport appeal an important consideration Location & Airport Appeal of +1%/year.prove. I have applied a market conditions adjustments -good in most areas and have continued to modestly imsale prices, marketing, and the hangar market remains Market participants indicate COVID-19 did not impact Market Conditions chase. No adjustment needed.-to the transaction, or required expenditures after purpremium), lack of market exposure, uninformed parties distressed sale, related parties, key parcel assemblage such as unusual motivations of buyer or seller (e.g., This?adjustment?category?re?ects?non-market?conditions?Conditions of Sale adjustment needed.ing terms may result in a premium price being paid. No -tion?of?market?value.??Favorable?seller-extended??nanc-The?appraisal?is?based?upon?a?cash?equivalent?de?ni Financing Terms No adjustment needed. Property Rights and Economic Operation ments.-categorized between transactional and property adjustPrice per GBA is used. The adjustments have been Unit of ComparisonAdjustment Analysis Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 55 112 Arm's?lengthMarket?termsplumbinggas?&?electric,?no?fold?door,?good?clear?height,?46'?bi-finished?areas,?12'?insulated,?no?exterior?&?roof,?building,?metal?wood?frame?pole?Average?hangar,?Avera geOn?a?land?1995,?good3.03$49.80?userFee?simple,?owner-$47.01$155,000Rochester,?MNParcel?A,AirportInternational?Rochester?COMP?#1from?major?roadsRST,?good?access?GA?hangars?at?total?of?5?private?towe r?operations),?50,000?control?passengers,?370K±?annual?growth?(In?2019:?operations?&?Good?airport?$47.251.005?Pending?(+0.50%)None$47.90$51.74planesholds?up?to?5±?GBA?of?4960?sf,?AverageAverageNoneAv erageAverageAveragesmall?finished?insulated?with?assumed?to?be?exterior?&?roof,?building,?metal?frame?pole?Average?hangar,?finishingswith?higher?end?finished?office?insulated,?400?sf?exterior?&?roof, ?building,?metal?steel?frame?pole?Average?hangar,?plumbinggas?&?electric,?no?bi-fold?door,?good?18'?clear?height,?54'?small?mezzanine,?finished?areas,?insulated,?no?exterior?&?roof,?building,?metal?w ood?frame?pole?Average?hangar,?userFee?simple,?owner-1982,?average1972,?averagegoodrenovated?in?2020,?Assumed?1990s,?$52.02?$56.02?$51.90?0.233.13finished?areasbe?insulated,?no?roof,?assumed?to?metal ?exterior?&?frame?pole?building,?Average?hangar,?$53.33?$47.90?$51.23?AverageAverageAveragemezzanineoffice?with?add'l?1360?sf?finished?roof,?insulated,?metal?exterior?&?frame?pole?building,?Average?h angar,?and?restroomsf?finished?office?roof,?insulated,?559?metal?exterior?&?frame?pole?building,?Average?hangar,?20'?clear?heightincluding?restroom,?finished?area?insulated?with?exterior?&?roof,?buil ding,?metal?steel?frame?pole?Average?hangar,?Average$56.022004,?good1988,?goodMarket?termsgoodAssumed?1990s,?userFee?simple,?owner-userFee?simple,?owner-userFee?simple,?owner-userFee?simple,?owner-us erFee?simple,?owner-userFee?simple,?owner-On?a?land?On?a?land?On?a?land?On?a?land?On?a?land?On?a?land?On?a?land?major?roadsgood?access?from?hangars?at?RST,?5?private?GA?operations),?total?of?50,000?c ontrol?tower?annual?passengers,?(In?2019:?370K±?operations?&?growth?Good?airport?Averageaccess?from?major?hangars,?good?private?GA?estimate?of?25±?operations),?total?aircraft?55K±?annual?airport?(in? 2019:?regional?reliever?Established?Arm's?lengthArm's?lengthArm's?length6/19?(+3%)8/21?(+1%)2021?active?listing2020?(+2%)Arm's?lengthArm's?lengthMarket?terms6/19?(+3%)major?roadsgood?access?from?priv ate?GA?hangars,?estimate?of?10±?operations),?total?30K±?annual?aircraft?airport?(in?2018:?general?aviation?Established?regional?access?from?major?GA?hangars,?good?numerous?private?operations),?aircra ft?75K±?annual?Metro?(in?2018:?the?Twin?Cities?reliever?airport?in?general?aviation?Established?Market?termsMarket?termsMarket?termsArm's?lengthArm's?lengthAverageAverageAverage3/30/22Cash?equivalent Owatonna,?MNHangar?#2,Blaine,?MN9420?Hotel?St?NE,?COMP?#3Regional?AirportOwatonna?Denger?Blaine?AirportAnoka?County-AirportKenosha?Regional?International?AirportRochester?Market?terms0.15Unk9/20?(+2% )COMP?#4$150,000$150,000Kenosha,?WI10420?52nd?St,?Rochester,?MNSUBJECTMunicipal?AirportWest?Bend?Blaine?AirportAnoka?County-UnkUnkUnk$200,000$52,000$325,000West?Bend,?WI341?Earl?Stier?Dr,?Blaine,?MNH ampshire?Ave,?2153?New?Ln,?Rapid?City,?SD3965?Cook?Hangar?COMP?#7COMP?#6COMP?#5$40.32$35.57$92.86$340,000AirportRapid?City?Regional?COMP?#2$41.67$41.67$47.22access?from?major?hangars,?good?private?GA ?estimate?of?25±?operations),?total?aircraft?46K±?annual?airport?(in?2019:?utility-corporate?reliever/general?regional?Established?access?from?major?GA?hangars,?good?numerous?private?aircraft?operati ons),?75K±?annual?Metro?(in?2018:?the?Twin?Cities?aviation?airport?in?Established?general?access?from?major?GA?hangars,?good?total?of?20±?private?aircraft?operations),?passengers,?43K±?625K±?annual?g rowth?(In?2018:?operations?and?facility,?good?airport?commercial?service?hub?primary?Established?non-holds?1?planeGBA?of?1462?sf,?planesholds?up?to?3?GBA?of?3500?sf,?AverageAverageplanesholds?up?to?3 ?GBA?of?3297?sf,?planesholds?up?to?6±?GBA?of?7200?sf,?holds?up?to?3?planesGBA?of?3240?sf,?holds?up?to?3?planesGBA?of?3600?sf,?planesholds?up?to?3?GBA?of?3600?sf,?1998,?good5.008.00$41.53$35.92$83.57$ 42.50$42.92$48.17NoneNoneNoneNoneNoneNot?includedAverageHighLowAdjusted?Price?/?GBASubtotal?Property?Adj.?Multip.???Adjustment?MultiplierFF&E???Adjustment?MultiplierSite?Improvements???Adjustment?Mul tiplierSize?(economies?of?scale)???Adjustment?Multiplier???Effective?Age?(years)Year?Built?&?Condition???Adjustment?MultiplierFunctionBuilding?Class?Quality,?Features?&????Adjustment?Multipliertopo,? soils,?esmts)Site?Features?(streets?&?utilities,????Adjustment?MultiplierUnkUnkUnk1.78Unk1.393.033.13L/B?Area?Ratio???Adjustment?Multiplierappeal,?exposure?&?access)Location?&?Airport?Appeal?(distric t?Subtotal?Price?/?GBASubtot?Transactional?Adj?Multip.???Adjustment?Multiplier?Market?Conditions???Adjustment?MultiplierConditions?of?Sale???Adjustment?MultiplierFinancing?Terms???Adjustment?Multipli erOperationProperty?Rights?&?Economic??????Price?Per?GBASale?Price1.781.390.230.23Acres?/?LB?RatioMain?GBA?in?SFProperty?AddressAirportFEATURE Adjustment Grid SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 56 113 SALES COMPARISON APPROACH (CONTINUED)$165,000 ($50.93/sf) INDICATED VALUE BY SALES COMPARISON APPROACH: Rounded Conclusion of $165,000 ($50.93/sf)$156,000 to $175,0003,240 sf @ $48.00 to $54.00/sf = with a rounded mid-point of $165,000 being concluded.they?provide?a??mid-level?value?range?of?$48/sf?to?$54/sf,?With placing similar emphasis on all the comparables, narrowed. observations.??After?adjustment?the?range?is?signi?cantly?Differences have been adjusted for based upon market The comparables are generally similar hangar facilities. Reconciliation Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 57 114 valuation approaches. Hence, no Income Approach has been developed.proach would produce a reduced credible value indication. Market participants are relying on other more meaningful -Due?to?the?subject?use?where?modest?GA?hangars?are?not?typically?owned?for?their?cash??ow?potential,?the?Income?Ap appreciation upon resale.valuing?the?future?anticipated?bene?ts.??These?investment ?factors?are?primarily?the?income?stream?and?possible?value?The Income Approach considers an income-producing property from an investment point of view. It is based upon Development of Income Approach INCOME APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 58 115$165,000 FINAL ESTIMATE OF LEASEHOLD INTEREST MARKET VALUE: RECONCILIATION AND FINAL VALUE ESTIMATE$50.93/sf$165,000Concluded Appraised ValueN/AN/AIncome Approach$50.93/sf$165,000Sales Comparison Approach$51.23/sf$166,000Cost Approach Per GBATotal ground tenant.provides adequate appeal to an owner-user/concluded highest and best use, the subject gar at Rochester International Airport as a -As an private, general aviation aircraft hanHighest & Best Use Summary Summary and Value Indications values or other conclusions.Please review the “extraordinary assumptions and hypothetical conditions” section of this report before relying on the cluded, or $50.93/sf. -With most emphasis accorded the Sales Comparison Approach, a market total value opinion of $165,000 is con are?not?typically?purchased?for?their?cash??ow?potential.?value conclusion is well supported. The Income Approach is not considered a reliable procedure given that hangars The Cost and Sales Comparison Approaches have been developed. Good market data has been analyzed, and the Reconciliation Comments Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 59 116 Conclusion: 6 to 12 monthsappears to remain strong.same marketing period applies as the industrial market in market conditions. However, it is determined the crease, declining capital markets, or an overall decline -due to COVID-19 pandemic worsens, interest rates inA longer marketing period may occur if the recession value, marketing time differs in that it is subsequent.While exposure time precedes the effective date of appraisal.”the?period?immediately?after?the?effective?date?of?an?cluded?market?value?or?at?a?benchmark?price?during?-sell?a?real?o r?personal?property?interest?at?the?con“...an?opinion?of?the?amount?of?time?it?might?take?to?ion No. 7:-Per the Appraisal Standards Board in its Advisory Opin De?nition:??Marketing Time Conclusion: 6 to 12 monthsa new lessee, and some time to coordinate a closing.legal?work,?time?to?secure??nancing,?airport?approval?of?negotiating, due diligence and any required inspections, observations. This period allows for marketing efforts, The exposure period conclusion is based upon market keted?without?signi?cant?work?being?needed.-ited number of potential buyers, yet could easily be mar-The subject is a special purpose property having a lim Source:??USPAPsuming?a?competitive?and?open?market.-opinion?based?on?an?analysis?of?past?events?asthe?appraisal.??Expos ure?time?is?a?retrospective?of?a?sale?at?market?value?on?the?effective?date?of?the?market?prior?to?the?hypothetical?consummation?terest?being?appraised?would?have?been?offered?on?-The?estimated?lengt h?of?time?that?the?property?in De?nition:??Exposure Time EXPOSURE & MARKETING TIME Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 60 117 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 61 118 Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 62 119 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 63 120 http://www.appraisalinstitute.org/about/designations_popup.aspPage 1 of 2Appraisal Institute Designations11/21/05 4:38 PM SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice edge of Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice ssional basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profedge of Receive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstrates the ability to criteria.ch must meet strict Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: ion of Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat ess?management,?and?economics.Paul,?Minnesota.??Coursework?incl uded??nance,?statistics,?busin?Bachelor?of?Science?Degree?-?General?Business,?2004?graduate?from?University?of?Northwestern?-?St.?Paul,?St.?n EDUCATION?Appraisal?Investment?&?Financial?Analysis n?National?USPAP?15-Hour?Course n Introduction to Appraisal Practices II n Introduction to Appraisal Practices I n Introduction to Appraisal Principles II n Introduction to Appraisal Principles I n Introduction to Construction Principles n Other Organizations Applications?Marketability?Studies:?Advanced?Considerations?&n??????Do?and?Why?Reappraising,?Readdressing,?Reassigni ng:?What?to n??????Appraisal?Practice?(USPAP)?Update?Course?National?Uniform?Standards?of?Professional?n?Basic?Income?Capitalization n General Applications n?General?Appraiser?Report?Writing?&?Case?S tudies n?Market?Analysis?and?Highest?&?Best?Use n ?Business?Practices?and?Ethics n?Advanced?Income?Capitalization n?Advanced?Concepts?and?Case?Studies n The Appraisal Institute APPRAISAL?EDUCATION DAY Jonathan D. Day, MAI cense?No.?20480945.-Minnesota?Certi?ed?General?Real?Property?Appraiser?LiCourt-appointed?county?commissions.pert?witness?in?condemnation?proceedings?before?District?-fession al??ndings?and?opinions,?and?has?testi?ed?as?an?ex-Mr.?Day?competently?supports?and?communicates?his?proand?special-use?facilities.??parcels,?planned?unit?developments,?subdivision?analyses,?apartmen t?projects,?mixed-use?complexes,?vacant?land?include?industrial?facilities,?retail?buildings,?of?ce?centers,?eminent?domain?matters,?and?past?property?assignments?property?appraisal?needs.??His?diver se?practice?includes?and?experience?to?professionally?complete?your?income?Mr.?Day?has?had?extensive?training,?and?has?the?skill?Certi?ed?General?Real?Property?Appraiser?license?in?2007.praiser?with? The?Valuation?Group,?Inc.?after?achieving?his?-and?consulting?experience.??He?had?been?a?senior?staff?apand?consulting??rm.??Mr.?Day?has?17?years?of?appraisal?and President of Day Group LLC, a real estate valuation Jonathan Day is a MAI-designated co-founder, partner, QUALIFICATIONS OF JONATHAN D. DAY QUALIFICATIONS OF JONATHAN D. DAY Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 64 121?Wells?Fargo?Bank n?Three?Rivers?Park?District n?Third?Coast?Bank n Taft Law n?rb?LEGAL,?LLC n?RBC?Builder?Finance n?State?Farm?Bank n?State?of?Minnesota n?Stantec n?Sherburne?State?Bank n?ProSource?Technologies,?Inc.n?Plymouth?Church?Neighborhood?Foundation n?Pillsbury?United?Communities n?Neighborhood?Development?Center n?MN?State?Fair n MN Dept of Transportation n?Minneapolis?Public?Housing?Authority n?Minneapolis?Park?and?Recreation?Board n Development?Minneapolis?Community?Planning?&?Economic?n?Metropolitan?Airports?Commission n?Maslon?Commercial?Law?Firm n?Hennepin?County n?Liberty?Bank n?Great?Northern?Bank n?Gray,?Plant,?Mooty/Lathrop?GPM n?First?American?Bank n?Detroit?Lakes?Airport n?City?of?Wayzata n?City?of?St.?Louis?Park n City of Minneapolis n?City?of?Hopkins n?City?of?Edina n City of Burnsville n?City?of?Bloomington n?Center?National?Bank n Briggs and Morgan n?Bridgewater?Bank n?Bremer?Bank n?BMO?Harris?Bank?/?M?&?I?Bank n?Anthony?Ostlund?Baer?&?Louwagie?P.A.n Sample?clients?include?the?following:?n-pro?ts,?governmental?agencies?and?lenders.??Numerous?individuals,?attorneys,?corporations,?partnerships,?no CLIENTS?SERVED?Member?-?MAI?designated?member?of?Appraisal?Institute n?Minnesota?General?Real?Property?Appraiser?License?No.?20480945 n LICENSES?AND?AFFILIATIONS?Contracts?in?a?Real?Estate?Lending?C ontext n?Transformation?of?a?Masterpiece:?The?Dayton’s?Project n?Ford?Site?Redevelopment?-?Land?Planning?and?Entitlement?Overview n?2040?Comprehensive?Plan?Update n?Multifamily?Housing?Market?-?Twin? Cities?and?Capital?Market?Update n?Reducing?Liability:?Using?the?ANSI?Residential?Measuring?Standards n?A?Builder’s?View?of?Minnesota’s?Housing?Affordability?Challenges:?Construction?Costs n?Common?Real?Property?Errors?and?Con?ict?Resolution?with?the?IRS n?Real?Estate?Valuation?in?Condemnation?Appraising?in?Minnesota n?A?Little?Value?For?Everyone n?Mortgage?Foreclosure?Update n?Collaborative?Discussion?of?Appraisal?and?Regulatory?Issues?in?the?Current?Lending?Environment n?Market?Conditions?Update?-?Of?ce,?Retail,?Industrial?and?Capital?Markets n?Twin?Cities?Land?Develop ment?and?Home?Building?-?Pre?Great?Recession,?Today?and?Beyond n?Annual?Real?Estate?Trends?Seminar n Recent Continuing Education QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 65 122 at?commerce.state.mn.us.?For?further?details,?please?visit?our?website Trainees do not qualify.perform?appraisals?for?federally-related?transactions.??You?must?hold?a?licensed?Residential,?Cer tified?Residential,?or?Certified?General?qualification?in?order?to Appraisers:•hour?USPAP?course.?30?hours?is?required?for?each?subsequent?renewal?period,?which?includes?a?7?hour?USPAP?course.es?a?7? 15?hours?is?required?in?the?first?renewal?period,?which?includ Individual Licensees Only - Continuing Education:•Notes:Website:?commerce.state.mn.usEmail:?licensing.commerce@state.mn.usTelephone:?(65 1)?539-1599St.?Paul,?MN?55101-316585?7th?Place?East,?Suite?500 Licensing Division Minnesota?Department?of?Commerce COMMISSIONER OF COMMERCE IN TESTIMONY WHEREOF, I have hereunto set my hand this July 16, 2020.until?August?31,?2022.ly?terminated.?This?license?shall?be?in?effectunless?this?authority?is?suspended,?revoked,?or?otherwise?legal License Number: 20480945 Resident Appraiser : Certified General eby?licensed?to?transact?the?business?ofhas?complied?with?the?laws?of?the?State?of?Minnesota?and?is?herPLYMOUTH,?MN??55441SUITE?30212805?HIGHWAY?55 JONATHAN DAVID DAYThe Undersigned COMMISSIONER OF COMMERCE for the State of Minnesota hereby certifies that STATE OF MINNESOTA PLYMOUTH,?MN??55441SUITE?30212805?HIGHWAY?55JONATHAN?DAVID?DAY Jonathan?Day?holds?a?Minnesota?Certi?ed?General?Real?Property?Appraiser?license.?APPRAISAL?LICENSE QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 66 123 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 67 124 COMPANY BROCHURE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 68 125 http://www.appraisalinstitute.org/about/designations_popup.aspAppraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstratcriteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat DAY http://www.appraisalinstitute.org/about/designations_popup.aspAppraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstrates the ability to criteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat Appraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlaspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstratcriteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat needs.meet?your?real?estate?valuation?and?consulting?and?commitment?to?the?highest?standards?to?We?have?the?education,?experience,?resources?erty?Apprai ser?license?in?2007.after?achieving?her?Certi?ed?General?Real?Prop-staff?appraiser?with?The?Valuation?Group,?Inc.?praiser?license?in?2002.??She?had?been?a?senior??eld?since?1985,?and?obtained?her?rea l?estate?ap-Group?LLC.??Barb?has?assisted?in?the?appraisal?Barbara?Day?is?a?co-founder?and?partner?of?Day?cludes?litigation?matters.??is?extensive,?his?practice?is?diverse,?and?it?in-Day’s?involvemen t?within?the?appraisal?industry?owner?and?of?cer?at?Lyle?H.?Nagell,?Inc.??Mr.?The?Valuation?Group,?Inc.??He?was?also?a?past?perience,?and?was?a?principal?and?co-founder?of?Thomas?Day?has?over?40?year s?of?appraisal?ex-diverse,?and?includes?eminent?domain?matters.erty?Appraiser?license?in?2007.??His?practice?is?after?achieving?his?Certi?ed?General?Real?Prop-staff?appraiser?with?The?Valuation?Group ,?Inc.?of?appraisal?experience.??He?had?been?a?senior?President?of?Day?Group?LLC.??Jon?has?17?years?Jonathan?Day?is?a?co-founder,?partner,?and?having?extensive?experience.??partners?Jonathan?Day?and? Thomas?Day,?both?The??rm?is?led?by?co-founders?and?MAI-designated?PrincipalsCOMPANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 69 126 DAY lenders?and?partnerships.??corporations,?attorneys,?governmental?agencies,?ing?authorities,?property?owners,?individuals,?private?and?public?sectors,?including?condemn-Numerous?clients?hav e?been?served?within?the??Marriage?dissolution?property?valuations 3?Insurance?cost?replacement?analysis 3?Tax?appeal?valuation?&?consulting 3?Environmental?impact?valuations 3?Charitable?contributio n?valuations 3?Market?rent?studies 3?Market?feasibility?studies 3?Highest?and?Best?Use?studies 3?Litigation?support 3?Expert?witness?testimony 3?Review?appraisals 3?General?disputes?relating?to?real? estate 3 nership?dissolution?Valuation?and?consulting?relating?to?part-3?Special?assessment?appeals 3?Valuation?for?estate?planning 3 Investment?consultation 3 Inverse?condemnation 3 sultation?Pre-co ndemnation?scope?of?taking?con-3?Easement?valuations 3 Lending?valuations 3 ationCondemnation?Just?Compensation?valu-3 for?a?number?of?purposes,?including:Our?services?include?valuations?and?consulta tion??Gravel?mines 3?Treatment?centers 3?Affordable?housing 3?Multi-property?portfolios 3?Mixed-use?projects 3?Market?feasibility?studies 3?Special?use?property 3?Subdivision?analysis 3?Development?projects 3?Multifamily?residential?properties 3?Industrial?facilities 3 Of?ce?complexes 3 Retail?centers 3 and?special?use?property?including:Our?diverse?practice?includes?a?variety?of ?income?PracticeCOMPANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 70 127?Review?of??nal?reports?before?submis-3 needs?Understanding?and?meeting?the?client’s?3?Competency 3?Timely?completion?of?assignments 3?Diligent?work?ethic 3 to?appraisal?assignments?Research?an d?market?analysis?pertinent?3?Quality?ongoing?education 3?Increasing?our?knowledge?base 3 of?the?Appraisal?Institutedards?of?Professional?Appraisal?Practice?the?Code?of?Professional?Ethics?and?Stan-F ull?compliance?with?the?requirements?of?3 of?Appraisal?Practice?(USPAP)Full?adherence?to?the?Uniform?Standards?3 Our?commitment?includes:professionalism,?diligence,?integrity?and?ethics.??We?are?comm itted?to?the?highest?standards?of?Commitment Association?of?Realtors?Market?data?from?the?Minneapolis?Area?3?Maintained?real?estate?library 3?Access?to?demographics?software 3?Trial?exhibit-generatin g?resources 3?Internal?of?ce-generated?market?studies 3 ics?software?State-of-the-art?report?writing?and?graph-3 tion??Published?cost?manual?-?Marshall?Valua-3 brary??Appraisal?Institute?publications ?and?li-3 terprise?cash??ow?valuation?software?DCF?analysis?templates,?plus?Argus?En-3 real?estate?databases?Involvement?with?appraiser,?broker?and?3 Access?to?market?trends?and?studies 3 National,?regional?and?local?publications 3 the?following?resources:within?the?Twin?Cities?is?well?equipped,?including?We?are?committed?to?professionalism.??Our?of?ce?ResourcesCOMPANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 71 128 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 72 129 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 73 130 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 74 131 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 75 132 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY M 133 nessualC?truK:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.lasiarppa?na?htiw?denimreted?saw?hcihw?000,061$?si?ecirp?nopu?deerga?ehT:tcapmI?ecruoseR?&?lacsiF. tnetni?fo?rettel?htiw?gnideecorp?dnemmocer?-?noissimmoC?tropriA?:2202?,2?.guA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.od?ew?lla?ni?ytiruces?dna?ytefas?sdebme?dna?,ffats?srewopme?,sredloheka tsot?evisnopser?si?,ytilibatnuocca?dna?ytiliga?htiw?stca?,tsrif?remotsuc?eht?secalp?taht?tessa?ytinummocelbaniatsus?a?edivorp?ot?noissim?sti?htiw?yllareneg?tropria?eht?stsissa?osla?ragnah?siht?fo?esa hcrup?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.sraey?evif?fo?doirep?a?rof?tnanet?tnerruc?e htot?kcab?ragnah?eht?esael?lliw?TSR?,esahcrup?eht?fo?noitelpmoc?nopU??.nalP?retsaM?detelpmoc?yltnecers'tropriA?eht?ni?tnempoleved?laicremmoc?erutuf?rof?deifitnedi?neeb?sah?detacol?si?ragnah?siht?ereh waera?eht?dna?deripxe?sah?ragnah?ralucitrap?siht?rof?esael?dnuorg?ehT?.ragnah?etavirp?eht?fo?esahcrup?ehtfo?snoitidnoc?dna?smret?sezirammus?rettel?sihT?.tnetni?fo?rettel?dehcatta?eht?ni?dezirammus?si ?meti?sihT:evitarraN?tropeR?.)TSR(?tropriA?lanoitanretnI?retsehcoR?eht?morf?desael?ytreporp?no?sediser?taht?ragnah?dleh-yletavirp?sih?fo?esahcrup?eht?rof?renruT?kraM?.rM?htiw?tnemeerga?esahcrup?a?fo? noitucexe?gnizirohtuA:detseuqeR?noitcA???8.FtnemeergAesahcruP?renruT?-?esahcruP?ragnaH?etavirP NOITCA?ROF?TSEUQER deeR?.C?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO2202?,22?t suguA:ETAD?GNITEE A 134 regnaH?tropriA?renruT?-?tropeRregnaH?tropriA?renruT?-?tnemeergA?fo?retteL:stnemhcatt DOCSOPEN\\RC110\\131\\808573.v1-7/6/22 135 Council. 3) approval by both the City of Rochester Airport Commission and the City the sale of the Aircraft Hangar as contemplated by the Purchase Agreement; and can be relocated by the City; 2) that there are no rights of others that might prevent by the City that the Aircraft Hangar is suitable for use as an aircraft hangar and during the Review Period: 1) an inspection of the Aircraft Hangar and conclusion contingencies that must either be satisfied (in the City’s sole discretion) or waived The City’s purchase of the Aircraft Hangar is subject to the following Contingencies:(the “Closing Date”) unless both parties agree to a later date. Contingencies section below but, in any event, no later than December 15, 2022 practicable after the expiration of the Review Period as defined in the Provided that all contingencies have been satisfied, the closing shall be as soon as Closing Date:The Purchase Price shall be paid by wire transfer or certified check at closing. Terms of Payment:The City will pay cash at closing for the Aircraft Hangar. No financing is needed.Financing:The appraised amount of $160,000.00.Purchase Price:900217(the “Aircraft Hangar”).54.09.21.085912, Olmsted County, Minnesota, Property ID Number: 54-09-21-The building located at: 7600 Helgerson Drive Southwest, Rochester, MN, on RP Property:Mark Turner or hissuccessor(s) in interest (the “Seller”).Seller:City of Rochester (the “City”).Buyer:are as follows:at 7600 Helgerson Drive Southwest, in the City of Rochester, MN. The proposed terms and conditions The City of Rochester is pleased to present this non-binding offer to purchase the Aircraft Hangar located Dear Mr. Turner:Airport, Rochester, MNLetter of Intent to Purchase an Aircraft Hangar Located at the Rochester International RE:Kasson, MN 559441506 15th St. Circle NEMr. Mark Turner_______________, 2022 DOCSOPEN\\RC110\\131\\808573.v1-7/6/22 136 Tenant.on the sale of the Aircraft Hangar to the City, under which the Seller shall be the into a separate lease agreement for the lease of the Aircraft Hangar at the closing the Aircraft Hangar to the Seller(the “Lease”). The City and the Sellershall enter conveyance of the Aircraft Hangar to the City, the City agrees that it will lease ground lease of the underlying property by the Seller from the City. Upon the The parties shall execute a termination of lease at closing with respect to the Lease Back:commission. represented by a broker, Sellershall be responsible for paying hisbroker’s The City is not represented by a broker in this transaction. If the SellerisCommissions:Brokercommenceme nt shall be extended by one day for each day of delay.Deliverables to the City within five business days or the Review Period execution of the Purchase Agreement, the Seller shall deliver the requested plans and specifications for the building (the “Deliverables”). Upon the City’s any existing building condition assessments or inspection reports and any existing The Seller shall provide the City with the following, including, but not limited to Deliverables:The Aircraft Hangar shall be delivered in its “AS-IS” condition.“AS IS”:cost to the Seller.obtained by the City in connection with its inspection of the Aircraft Hangar at no provide the Seller with copies of any written reports, studies, or test results associated with said inspection of the Aircraft Hangar. The City agrees that it will including the cost of attorneys’ fees. The City shall be responsible for all costs inspection of the Aircraft Hangar conducted by the City, its agents, or contractors, Seller harmless from any claim for damage to person or property arising from its Hangar as requested by the City. The City shall indemnify, defend, and hold the the Review Period, the Seller shall provide the City with access to the Aircraft waive any remaining Review Period time by written notice to the Seller. During Review Period, the City may cancel the Purchase Agreement. The City may Purchase Agreement is executed on or before August 31, 2022. During the this Letter of Intent is executed by the Seller on or before July 31, 2022, and a execution of this Letter of Intent and conclude 90 days thereafter, provided that Aircraft Hangar. Said Review Period shall commence the first day following full The City needs a period of time (the “Review Period”) to evaluate and inspect the Due Diligence:City’sAgreement without the written consent of the Seller.the City and the Seller. The City may not assign its rights under the Purchase The Purchase Agreement shall provide that the terms thereof shall be binding on Assignment:Binding Effect/ DOCSOPEN\\RC110\\131\\808573.v1-7/6/22 137\[remainder of page intentionally blank\]accounting fees associated with this transaction.The City and the Seller shall each be responsible for their own legal and Aircraft Hangar shall be prorated between the parties as of the date of closing. performs of the Aircraft Hangar. Any personal property taxes associated with the The City shall be responsible for the cost of any inspections or evaluations that it Closing Costs:parties. the Seller for review within 14 days of signature of this Letter of Intent by both (DATE). The Purchase Agreement shall be prepared by the City and presented to provided that this Letter of Intent is executed by the City and Seller on or before Purchase Agreement that embodies the terms hereof no later than (DATE), Purchase Agreement:The City and the Seller will diligently endeavor to execute a mutually acceptable necessary. The City has discretion to determine what repairs to the Aircraft Hangar are property. The City shall be responsible for the cost of any necessary major repairs. all taxes, utilities, and insurance of the leased Aircraft Hangar and the underlying Under the terms of the Lease, theTenant will agree that he will be responsible for additional rent is to be paid in the amount of $1,200 annually until paid in full. date of closing on the sale of the Aircraft Hangar(the “additional rent”). The Tenant agrees to pay back rent from the years 2019, 2020, 2021, and 2022 to the Lease.Buyer as Lessor may terminate the Lease with 90 days’ notice to Tenant.lease term. Tenant shall have the ability to sublet the Aircraft Hangar under the There will be an annual increase in rent of 1.5% per each successive year of the shall be based on the square footage of the building,which is 3,360 square feet. dollars per square foot for the first year of the five-year term. The square footage The Lease shall be for a term of five years, and for rent in the amount of two Rent: DOCSOPEN\\RC110\\131\\808573.v1-7/6/22 138 Date: ___________, 2022Its: Executive Director John Reed By: __________________________Date: ___________, 2022Date: ___________, 2022Its: Mayor Kim Norton Mark TurnerBy: ____________________________________________________CITY OF ROCHESTERBUYERSELLERThe City of RochesterSincerely, Thank you.If you have any questions, please contact Airport Executive Director John Reed. and absolute discretion. reserves the right not to enter into a Purchase Agreement for any reason or no reason in each of their sole Purchase Agreement will be at such party’s sole risk and cost. Each of the parties hereto expressly Any costs incurred or actions taken by the Seller or the City in the absence of an executed and delivered party. The Purchase Agreement must be approved by both the City Council and the Airport Commission. contractually bound only upon full execution and delivery of a written Purchase Agreement by each is not, and is not intended to be, contractually binding on either party. The parties will otherwise be the undersigned. This Letter of Intent is intended only as an expression of the status of negotiations and acknowledge approval by signing in the space provided below and returning the signed counterpart to If this Letter of Intent accurately summarizes terms and conditions agreeable to the Seller, please 2022 Market Value 139 DAY Day Group Job No. 2022511 Client is the City of RochesterRochester International AirportParcel BAircraft Hangar Appraisal Report Page intentionally blank 140 DAY 141 Minnesota?Certi?ed?General?Real?Property?Appraiser?Licensed?#20480945 Jonathan D. Day, MAI, PresidentDAY GROUP LLCRespectfully submitted,It has been a pleasure to serve you in this manner. Feel free to contact us if you have any questions or concerns. ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000)subject to limitations and conditions as hereinafter stated, in the amount shown below:values reported herein. Based upon our investigation and analysis, it is our opinion that the subject had a market value, Neither my employment to make this appraisal nor the compensation received is contingent upon the conclusions or as?de?ned?by?USPAP,?which?only?can?be?relied?upon?by?the?client.??Additional?supporting?data?retained?in?our?work?le.Eth ics and the Standards of Professional Appraisal Practice of the Appraisal Institute. Attached is an ”Appraisal Report” plicable local, state and federal regulations pertaining to appraisal practice and procedure, and the Code of Professional -The appraisal has been made in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP), apincluded, and the scope of work employed in our analysis of the subject property. assumptions?or?hypothetical?conditions,?identi?cation?and?description?of?the?subject?property,?any?personal?property?or?descripti ons?on?the?effective?date?of?value,?a?de?nition?of?market?value,?assignment?conditions,?any?extraordinary?Before relying upon any of the conclusions, please refer to the body of the attached appraisal report for statements upon its “as-is” status.appraisal. The date of value is May 23, 2022, the leasehold interest being on a land lease has been appraised based the stated intended use and user. Day Group LLC assumes no responsibility for any unintended uses or users of the assist in a determination of market value for potential acquisition. The appraisal as developed and reported is only for and intended user is the City of Rochester. There are no other intended users. The intended use of the appraisal is to The attached report contains the summary of the analysis completed, commentary, and value conclusions. The client been completed. I have considered the relevant factors relating to the subject property and the current market forces. In accordance with your request, an inspection and a market value appraisal analysis on the referenced property have Dear Mr. Reed:Owner is Mark , Minnesota Rochester AirportAircraft Hangar located at Rochester International Appraisal ReportMarket value RE:Rochester, MN 559027600 Helgerson Dr SWc/o Rochester Airport CompanyCity of RochesterJohn Reed, AAE, Executive DirectorJune 7, 2022 www.daygroupmn.com763.205.6966 Plymouth, MN 55441 12805?Highway?55,?Suite?302Plymouth?Court?Of?ce?Center Page intentionally blank 142 TABLE OF CONTENTS 143 67 COMPANY BROCHURE63 QUALIFICATIONS OF JONATHAN D. DAY59 EXPOSURE & MARKETING TIME 58?RECONCILIATION?AND?FINAL?VALUE?ESTIMATE 57 INCOME APPROACH 49?SALES?COMPARISON?APPROACH45? COST?APPROACH43?HIGHEST?AND?BEST?USE41?MARKET?OVERVIEW40?SUBJECT?HISTORY 39 REAL ESTATE TAXES31 DESCRIPTION AND ANALYSIS OF IMPROVEMENTS25 SITE DATA AND ANALYSIS23 ZONING15 LOCATION ANALYSIS13 SCOPE OF WORK USED TO DEVELOP APPRAISAL 12 TYPE OF REPORT11 SIGNIFICANT ASSIGNMENT CONDITIONS10 DATE OF APPRAISAL AND PROPERTY RIGHTS9 TYPE AND DEFINITION OF APPRAISED VALUE 8?HYPOTHETICAL?CONDITIONS?AND?EXTRAORDINARY?ASSUMPTIONS 7 ASSUMPTIONS AND LIMITING CONDITIONS6 CERTIFICATION OF APPRAISER2 SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY1 IDENTIFICATION OF CLIENT, OTHER INTENDED USERS, AND INTENDED USE OF APPRAISALADDENDA Page intentionally blank 144 1 145 is only for the stated use.likely offer to the owner. Use or reliance of the appraisal tended use is for asset evaluation in conjunction with a -The client is intending to acquire the subject The in Intended Use of Appraisal this report, does so at its own risk and liability.authorized use or third party relying upon any portion of -praisal engagement not be from the borrower. Any un-real estate transaction. FIRREA requires that the apThis appraisal cannot be used for a federally-regulated agreement relating to the property.decision or any appraisal contingency in a purchase should not serve as the basis for any property purchase own use. For any unintended user, the appraisal report their own choosing if they require an appraisal for their are advised to obtain an appraisal from an appraiser of or rely on the appraisal for any purpose. Such parties ed user of the appraisal and no such party should use -identi?ed?any?purchaser,?borrower?or?seller?as?an?intend Other than the City of Rochester, the appraiser has not ed users or uses of the appraisal. -LLC assume responsibility for any reliance by unintendand stated use. Neither the appraiser nor Day Group for the intended user onlyas developed and reported is work, and reporting requirements. Hence, this appraisal ments involve different assignment conditions, scope of -Differing intended users and appraisal problems/assign Restriction on Use of Appraisal the past 3 years.The appraiser has not completed a prior appraisal within Previous Subject Appraisals praiser-John Reed, AAE, Executive Director engaged the apRochester, MN 559027600 Helgerson Dr SWc/o Rochester Airport CompanyCity of Rochester Client and Appraisal Engagement DAY Email: jon@daygroupmn.com License?#20480945MN?Certi?ed?General?Real?Property?Appraiser?Jonathan D. Day, MAI, Presidentwww.daygro upmn.comPhone 763-205-6966 Plymouth,?MN??5544112805?Highway?55,?Suite?302Plymouth?Court?Of?ce?Center Appraiser City of Rochester. There are no other intended users. Intended User AND INTENDED USE OF APPRAISALIDENTIFICATION OF CLIENT, OTHER INTENDED USERS, Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 2 146 No hypothetical conditions were used in the appraisal Hypothetical Conditions PID?is?54-09-21-900217 County, MN Legal?is?Hangar?on?RP?54.09.21.085912,?Olmsted?Legal Description and PID Number 2022511 Day Group File Number pired ground lease-Fully owner-occupied building operating under an ex Subject Occupancy Contact is Mark Turner Kasson,?MN?55944 1506 15th St Circle NEMark Turner Subject Property Owner Rochester, MNRochester International AirportParcel BAircraft Hangar Subject Property Name and Location SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY owner-user/ground lease tenant.potential buyer would most likely be an Continued private GA hangar use. A Best UseHighest and Aircraft hangarCurrent Usethe City. right to remove the structure, or sell to is understood that the tenant has the the City for it to acquire the subject. It Discussions have commenced with his ability to lease the building back. selling the hangar to the airport, with The owner has expressed interest in to?continue?paying?the?1994?lease?rate.understood both parties have agreed newal deadline several years ago. It is -technically expired due to a missed reIt has been reported the lease has year term.for 5-year renewals after the initial 15-built the hangar. The owner has rights Rochester?in?1994?and?subsequently?signed a ground lease with the City of The owners/ground lease tenant HistoryGoodCondition 1994?per?Olmsted?County Year Built3,660GBAwalls, having a forced-air gas furnace.is fully insulated with painted drywall rior and roof. There is no buildout, yet -wood frame building, with metal extedepending on plane size. Clear span signed?to?accommodate?2?to?4?planes,?-A private, general aviation hangar deand FeaturesBuilding Type Aircraft hangar pad site of 0.23 acresSitethe general aviation sectionRochester International Airport, within Location Subject Property Overview Appraisal report of an Aircraft Hangar at RST, Rochester, MN 3 147 Google AerialCounty Parcel Map SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 4 148 Subject Photographs SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN 5 149$47.62/sf$160,000Concluded Appraised ValueN/AN/AIncome Approach$47.62/sf$160,000Sales Comparison Approach$50.30/sf$169,000Cost Approach Per GBATotalSummary and Value Indications SUBJECT IDENTIFICATION AND EXECUTIVE SUMMARY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 6 150 praisal Practice of the Appraisal Institute.-fessional Ethics and Standards of Professional Ap-conformity with the requirements of the Code of Prowere developed, and this report has been prepared in opinions and conclusions The reported analyses, 11)signing?this?certi?cation.??cant real property appraisal assistance to the person -praiser?License?#4000814),?no?one?provided ?signi?-MAI,?SRA?(MN?Certi?ed?General?Real?Property?Ap tation with Thomas J. Day, Other than some consul 10)is the subject of this report.inspection of the property that I have made a personal Practice (USPAP).with the Uniform Standards of Professional Appraisal oped, and this report has been prepared, in conformity -analyses,?opinions,?and?conclusions?were?develMy??intended use of this appraisal.currence of a subsequent event directly related to the -ion, the attainment of a stipulated result, or the oc-the cause of the client, the amount of the value opina predetermined value or direction in value that favors not contingent upon the development or reporting of compensation for completing this assignment is My upon developing or reporting predetermined results.in this assignment was not contingent My engagement assignment.subject of this report or to the parties involved with this I have no bias with respect to the property that is the mediately preceding acceptance of this assignment.-subject of this report within the three-year period imany other capacity, regarding the property that is the have?performed?no?services,?as?an?appraiser?or?in??interest with respect to the parties involved.erty that is the subject of this report, and no personal -have no present or prospective interest in the prop sions.-biased professional analyses, opinions, and conclu-conditions, and are my personal, impartial, and unlimited only by the reported assumptions and limiting and conclusions are The reported analyses, opinions, and correct.in this report are true The statements of fact contained I certify that to the best of my knowledge and belief:CERTIFICATION OF APPRAISER??8/31/2022?Expiration?Date:License?No.?20480945Minnesota?Certi?ed?General?Real?Property?AppraiserState?Certi?cation:?Jonathan D. Day, MAI, PresidentSignature: ____________________________________ June 7, 2022 Date:appraisal assignment.education and resources to competently complete this certify?that?I?have?adequate?knowledge,?experience,??14 )the Appraisal Institute. tinuing education program for Designated Members of -completed the conAs of the date of this report, I have 13)authorized representatives.of the Appraisal Institute relating to review by its duly to the requirements The use of this report is subject 12)Appraisal report of an Aircraft Hangar at RST, Rochester, MN 7 151 any portion of this report, does so at its own risk and liability.of the appraisal. Any unauthorized use or third party relying upon assume responsibility for any reliance by unintended users or uses user(s) and stated use. Neither the appraisers nor Day Group LLC for the intended onlythis appraisal as developed and reported is volve different assignment conditions and scope of work. Hence, -fering intended users and appraisal problems/assignments in right of publication. Possession of this report or a copy thereof does not carry with it the of?ce?of?the?appraisers.ket?data?is?more?fully?documented?in?the?con?dential??les?in?the?-in the appraisal report relating to the comparable marInformation requirements of ADA in estimating the value of the property.to this issue, we did not consider possible non-compliance with the the value of the property. Since we have no direct evidence relating ments of the Act. If so, this fact could have a negative effect upon -the property is not in compliance with one or more of the requiredetailed analysis of the requirements of the ADA, could reveal that possible that a compliance survey of the property, together with a conformity with the various detailed requirements of the ADA. It is and analysis of this property to determine whether or not it is in uary?26,?1992.??We?have?not?made?a?speci?c?compliance?survey?-Americans?with?Disabilities?Act?(“ADA”)?became?effective?JanThe??ers.-media without the prior written consent and approval of the appraisthe public through advertising, public relations, news, sales, or other with which the appraisers is connected), shall be disseminated to reference?to?any?professional?appraisal?organizations,?or?the??rm?as to value, the identity of the appraisers, professional designations, contents of this report, or copy thereof (especially any conclusions Bylaws and Regulations of the Appraisal Institute. No part of the of the contents of the appraisal report is governed by the Disclosure 17) estimated exposure/marketing time period. the owner to locate a purchaser at the appraised value within the no liability for changes in market conditions or for the inability of market data available at the valuation date. Therefore, I assume pated?bene?ts?subject?to?investment?risk,?measured?mainly?by?the?-offers only a supportable opinion as to the present worth of antici appraisal?does?not?af?x?or?set?the?pr ice?of?the?property?but?This??can be assumed by the appraisers.no responsibility for accuracy of such items furnished the appraisers considered reliable and believed to be true and correct. However, others, and contained in the report, were obtained from sources the appraisers by Information, estimates, and opinions furnished to report.ance has been stated, described, and considered in the appraisal -state and federal environmental regulations unless a noncompli is?assumed?that?there?is?full?compliance?with?all?applicable?local,??opinion of value contained in this report is based.have been or can be obtained or renewed for any use on which the local, state or national government or private entity or organization consents, and other legislative or administrative authority from any is?assumed?that?all?required?licenses,?certi?cates?of?occupancy,??been?identi?ed,?described?and?considered?in?the?appraisal.restrictions have been complied with, unless a nonconformity has that all applicable zoning and use regulations and It is assumed The?client?is?urged?to?retain?an?expert?in?this??eld,?if?desired.any expertise or engineering knowledge required to discover them. value. No responsibility is assumed for any such conditions, or for no such material on or in the property that would cause a loss in The value estimate is predicated on the assumption that there is potentially hazardous materials may affect the value of the property. tos, urea-formaldehyde foam insulation, radon gas, mold, or other -The presence of substances such as petroleum products, asbes appraisers,?however,?are?not?quali?ed?to?detect?such?substances.??edge of the existence of such materials on or in the property. The -not observed by the appraisers. The appraisers have no knowlmaterial, which may or may not be present on the property, was otherwise stated in this report, the existence of hazardous Unless expert?in?this??eld,?if?desired.not guarantee such determinations. The client is urged to retain an Hazard?Area.??Precise?locations?are?dif?cult?to?m ake,?and?we?can?viewed FEMA maps for determining the subject’s Special Flood -upon the scope of work, the appraisers may have reDepending to?retain?an?expert?in?this??eld,?if?desired.??gineering knowledge required to discover them. The client is urged -no responsibility for any such conditions, or for any expertise or enidentifying these factors is beyond our area of expertise, we assume have?no?signi?cant?or?value-impacting?delineated?wetlands.??Since?otherwise noted in this report, the subject is assumed to Unless 9)stated.discover such factors. Stable soils are assumed unless otherwise for such conditions, or for engineering which might be required to more or less valuable. The appraisers assume no responsibility ditions of the property, subsoil, or structures, which would render it -appraisers?assume?that?there?are?no?hidden?or?unapparent?conThe??8)are invalid if so used. ings must not be used in conjunction with any other appraisal and -of utilization. The separate values allocated to the land and buildland and the improvements applies only under the stated program of the total value estimated in this report between the Any allocation 7)been previously made.reference to the property in question, unless arrangements have mony, or appear in court because of having made the appraisal with -give further consultation, testiThe appraisers are not required to 6)the report.and that there is no encroachment or trespass unless noted within is within the boundaries or property lines of the property described assumed that the utilization of the subject land and improvements property. The appraisers have made no survey of the property. It is dimensions and is included to assist the reader in visualizing the Any plat, site plan or sketch in the report may show approximate 5)assumed.ownership?and?competent?property?management?are? Responsible??4)encumbrances unless otherwise stated.free and clear of all indebtedness, liens or The property is appraised 3)The furnished legal description is assumed to be correct. 2)good and marketable. appraisers render any opinion as to the title, which is assumed to be ture affecting the property appraised or the title thereto, nor do the -rs assume no responsibility for matters of a legal naThe appraise 1)ASSUMPTIONS AND LIMITING CONDITIONS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 8 152 ment.-No hypothetical conditions were used in this assignused in an analysis. ket conditions or trends; or about the integrity of data -about conditions external to the property, such as maror economic characteristics of the subject property; or tions are contrary to known facts about physical, legal, -is used for the purpose of analysis. Hypothetical condiexist on the effective date of the assignment results, but which is contrary to what is known by the appraiser to a?condition,?directly?related?to?a?speci?c?assignment,?HYPOTHETICAL CONDITION DEFINED (per USPAP): Hypothetical Conditions the subject’s valuation would likely vary.ed the assignment results. If these items were not true, -The above extraordinary assumption might have affectnary assumptions were used in this assignment.-has not been included in appraisal. No other extraordiAny impact of the expired, below market ground lease acquire the property subject to a market-rate land lease. along with the airport allowing another aviation buyer to sumed (or ongoing renewal rights at market terms), -A continued long-term, market-rate ground lease is astegrity of data used in an analysis.-property, such as market conditions or trends; or the intics of the subject property; or conditions external to the -might include physical, legal, or economic characterispraiser’s opinions or conclusions. Uncertain information -analysis which, if found to be false, could alter the apfective date regarding uncertain information used in an -PAP):?an?assignment-speci?c?assumption?as?of?the?ef-EXTRAORDINARY ASSUMPTION DEFINED (per US Extraordinary Assumptions EXTRAORDINARY ASSUMPTIONSHYPOTHETICAL CONDITIONS AND Appraisal report of an Aircraft Hangar at RST, Rochester, MN 9 153 which can occur in transactions in depressed markets. for?any?special?or?creative??nancing?or?sales?concessions?The?above?de?nitions?require?analysis?on?property?value?by?anyone?associated?wit h?the?sale.creative??nancing?or?sales?concessions?granted?for?the?property?sold,?unaffected?by?special?or?price?represents?the?normal?consideration?The??ble?thereto;?and-or?in?terms?of??nancial?arran gements?comparais?made?in?terms?of?cash?in?U.S.?dollars?Payment??open?market;?reasonable?time?is?allowed?for?exposure?in?the?A?interest;and?acting?in?what?they?consider?their?own?best?parties?are?wel l?informed?or?well?advised,?Both??Buyer?and?seller?are?typically?motivated;?title?from?seller?to?buyer?under?conditions?whereby:of?a?sale?as?of?a?speci?ed?date?and?the?passing?of?lus.??Implicit?in?th is?de?nition?is?the?consummation?-assuming?the?price?is?not?affected?by?undue?stimuer?each?acting?prudently?and?knowledgeably,?and?-conditions?requisite?to?a?fair?sale,?the?buyer?and?sellbring?in?a?c ompetitive?and?open?market?under?all?The?most?probable?price?which?a?property?should??ne?market?value?as:-regulate?federally?insured??nancial?institutions,?which?deThis?de?nition?is?compatible?with?f ederal?agencies?that?InstituteSeventh?Edition,?published?in?2022?by?the?Appraisal?Source:??The?Dictionary?of?Real?Estate?Appraisal,?assuming?that?neither?is?under?undue?duress.prudently,?knowledgeabl y,?and?for?self-interest,?and?to?a?fair?sale,?with?the?buyer?and?seller?each?acting?a?competitive?market?under?all?conditions?requisite?erty?rights?should?sell?after?reasonable?exposure?in?-cisely?re vealed?terms,?for?which?the?speci?ed?prop-cash,?or?in?terms?equivalent?to?cash,?or?in?other?preThe?most?probable?price,?as?of?a?speci?ed?date,?in?is:The?de?nition?of?“Market?Value”?as?utilized?in?thi s?report?Market?Value?De?nition itive market for a reasonable time period to sale) -of sale (e.g., exposure in a competThe conditions other terms)(e.g., cash, cash equivalent, or The terms of sale parties (i.e., seller and buyer) nship, knowledge, and motivation of the The relatio generally fall into three categories:tives,?and?may?vary?from?de?nition?to?de?nition,?but?-Market value incorporates several conditions/perspecapplicable in an appraisal.”the?de?nition?of?the?term?identi?ed?by?the?appraiser?as?of?a?certain?date,?under?speci?c?conditions?set?forth?in?(i.e., a right of ownership or a bundle of such rights), as as an opinion, that presumes the transfer of a property From USPAP, market value is “a type of value, stated purchasing power. Value is created by utility, scarcity, desire and effective conservation and preservation issues), and cost.mass appraisal techniques, public interest value (e.g., value used for taxation purposes and based upon terprise), insurable value, liquidation value, assessed -which can include personal property and business enconcern value (value of a proven property operation investment?value?(value?to?a?speci?c?investor),?going? value,?value?in?use?(value?based?upon?a?speci?c?use)is purely an economic concept. It differs from intrinsic subject property as of the date stated. Market value of the market valueThe type of value appraised is the Type of Value TYPE AND DEFINITION OF APPRAISED VALUE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 10 154 has not included in appraisal.The impact of the expired, below market ground lease appraisal.The impact of any existing mortgage is not included in paid.any other levies/liens on the subject are assumed to be ments, deferred assessments, unpaid utility charges, or -Any deferred taxes, delinquent taxes, special assessvalue.tangible business assets are included in the real estate -No?personal?property,?special?trade??xtures,?or?any?in easements or encroachments: none.The?property?is?subject?to?the?following?known?signi?cant?taxiways and runways.The subject has rights to use airport facilities including rates. de?nite?term?land?lease?with?renewal?options?at?market?-of either a long-term market-rate land lease, or an inlease”. The appraisal is based upon the assumption stated?term?and?under?the?conditions?speci?ed?in?the?held by the lessee to use and occupy real estate for a Estate?Appraisal?de?nes?leasehold?interest?as? “the?right?if any. The Seventh Edition of The Dictionary of Real easements for drainage, public streets and utilities, Appraised is the leasehold interest subject to normal Property Rights Appraised 6/7/2022Date of Report5/23/2022Date of Inspection5/23/2022Date of Value Appraisal Dates DATE OF APPRAISAL AND PROPERTY RIGHTS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 11 155 upon unsubstantiated legal opinions.use conclusions, unaccepted appraisal theories, or based upon speculative/unsupported highest and best No assignment conditions have been accepted that are preclude the appraiser’s impartiality.cause of the client, result in favorable compensation, or predetermined opinions or conclusions, that favor the There are no client assignment conditions that result in Used to Develop Appraisal section of this report.sumptions section of this report. See Scope of Work -the prior Hypothetical Conditions and Extraordinary AsThe appraisal is based upon the conditions stated within subject property.This appraisal is based upon the “as-is” status of the lease is assumed. cluded - a market-rate long-term or renewing ground -been included. The underlying land has not been in Subject?trade??xtures?or?personal?property?have?not?fessional Appraisal Practice of the Appraisal Institute.-to the Code of Professional Ethics & Standards of Procompleted in compliance with USPAP, and in conformity The assignment includes an appraisal that has been Signi?cant?Assignment?Conditions on the appraiser.praiser section of this report for additional background -Day,?MAI,?SRA.??Please?refer?to?the?Quali?cations?of?Ap past hanger appraisals, including partner Thomas J. tation with appraisers who have some experience with -participant interviews on hangar valuations, plus consulations. Completed have been research and market--ground-lease properties, as well as several hangar valuwith airport-related appraisals, review appraisals, other praisal assignment. The appraiser has been involved -ence and resources to competently complete this ap-MN?appraisal?certi?cations/licenses,?education,?experi The appraiser has the necessary State of Competency:were encountered.credible value opinion. No special appraisal problems was available and analyzed in our development of a maintained and well occupied. Adequate market data building has minimal buildout and has been adequately term lease is assumed for the analysis. The leasehold expired, below market ground lease. A market-rate long- The subject is a typical aircraft hangar on an Overview:thetical assumptions.-property rights, extraordinary assumptions and hypo value,?the?identi?cation?of?property?characteristics?and?appraisal,?the?type?and?de?nition?of?value,?the?date?of?cation of client and intended user, the intended use of -Elsewhere?within?this?report?are?described?the?identi?Summary of Appraisal Problem SIGNIFICANT ASSIGNMENT CONDITIONS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 12 156 methodologies employed in this appraisal assignment. user’s agent is unfamiliar with real estate terminology or techniques. Please contact the appraiser if an intended with real estate and appraisal terminology and analysis is written for the intended user, and assumes familiarity additional?support?retained?in?our?work?le.??The?report?The reporting option utilized is “Appraisal Report,” with Type of Report tended user of the appraisal.-option is dependent upon the intended use and the inlevel of information provided in the report. Again, the The difference between the options is the content and with?additional?supporting?work?retained?in?the?work?le.highest and best use conclusions, and value opinions, “summarize” the appraisal techniques employed, the - This option requires the appraiser to Appraisal Report work?le.and value opinions, with supporting work retained in the niques employed, the highest and best use conclusions, -appraiser to more succinctly “state” the appraisal tech - This option allows the Restricted Appraisal Reportpared under one the following options:-quires a written real property appraisal report to be pre-appraisal, the current USPAP Standards Rule 2-2 reBased upon the intended use and intended user of the Overview TYPE OF REPORT Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 13 157 developedThis secondary valuation tool is not ApproachIncome DevelopedApproachComparison Sales Developed without a land valueCost ApproachNot developedanalysisLand value DevelopedUseHighest and Best Scope of Work Analysis and area demographic data.excerpts?from?published?zoning?code,?traf?c?count?maps?map, published zoning map, published guide plan map, ic?map,?aerial?photos,?tax?recor ds,?FEMA??ood?hazard?-Reviewed were a plat map, site plan, district topograph Public Sources Reviewed have been reviewed.range, yet aerial and other imagery have not due to their wide locational RST) been inspected; other comps reliable sources. Only two (also at by?our?of?ce?were?obtained?from?transaction.??Comps?not?con?rmed?be?con?rmed?with?a?party?to?the?an assessor and were not able to Most?comps?are?veri?ed?sales?with?inspection veri?cation?and?Comparableupdate documents.2014?lease?extension,?master?plan?Copy?of?the?1994?ground?lease?and?availableDoc uments Obtained from public tax recordsLegal descriptionculated the building area-the main improvements and has calAppraiser has personally measured Building sizeNo building plans were availableBuilding plansthe airportin this assignment as it is leased from rate, although the land is not valued -available. It is assumed to be accu A?site?plan?from?the?1994?lease?was?Site sizewith Rochester Airport.as did John Reed, Executive Director the appraiser during the inspection, sentative Mark Turner accompanied -spected the property. Owner repre-The appraiser has personally inInspection Scope of Work Elements SOW performed is shown.pages and within the various sections of this report, the within other sections of this report. On the following The appraisal problem has been adequately disclosed at opinions or conclusion type?and?extent?of?analysis?applied?to?arrive??4.The type and extent of data researched 3.ed-le property is inspectThe extent to which tangib 2.The?extent?to?which?the?property?is?identi?ed?1.al review assignment.” Scope of work (SOW) includes:-tent of research and analyses in an appraisal or apprais-Scope?of?work?is?de?ned?by?USPAP?as?“the?type?and?ex Scope?of?Work?De?nition?and?Overview SCOPE OF WORK USED TO DEVELOP APPRAISAL Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 14 158 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 15 159 The subject is within the southern portion of the city of Rochester, within Olmsted County.interest rates are increasing. See Market Overview section for additional discussion, including the pandemic’s impact. kets adversely impacted, yet the uncertainty has generally lessened. The residential market remains strong, though -a?compression?in?cap?rates.??COVID-19?has?caused ?some?uncertainty?in?the?market?with?retail,?of?ce,?and?hotel?mar Before COVID-19, property fundamentals, demand, rents and vacancy rates had improved in recent years, along with erally avoids the wide economic extremes. -and has over 2 million annual visitors. Unemployment rates for the region are lower than the nation. The region genMajor employers include Mayo Clinic and a major IBM facility. Mayo Clinic reportedly employes over 30,000 people The MSA has a regional concentration of economic activity and jobs. The employment centers are within Rochester. growth and migration will factor into the population increases. The?2020?population?estimate?for?the?4-county?MSA?was?226,329.??Continued?growth?is?projected.??Both?natural?cultu ral activities, both high-income and low-income households.region. It has a concentration of population, housing, higher-education workers (including many medical-related), The subject is located in Minnesota, within the Rochester metropolitan area. Rochester is a secondary MSA in the Regional Setting LOCATION ANALYSIS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 16 160 Location Map stable long-term future outlook. , it is an average industrial setting on Rochester International Airport property having a In summary and conclusionOverview section of this report for more discussion.markets, demand and values. In comparison to competing districts, the subject area is rated average. See Market Values are average in this outer area. Overall, there have been improvement in property fundamentals, capital The area surrounding the airport has remaining mostly undeveloped. Demographics are rated average.and there are good transportation routes and access. within a lower density area having adequate district properties and stable trends. Highway access is within 1 mile, The subject is in the City of Rochester near I-90 and Highway 63 onsite of Rochester International Airport (RST), Location Description LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 17 161 Historical Rochester Population Agricultural AIRPORTROCHESTERCITY OF AgriculturalIndustrialCommercialResidential Aerial Photo of Area LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 18 162 development).air?eld?support?facilities,?passenger?terminal,?parking,?roadway,?and?general?aviation?(including?new?areas?of?hangar?has?conceptual?plans?for?future?upgrades?which?include?improv ements?to:?the?air?eld,?the?instrument?approach?areas,?and aircraft operations before COVID-19, RST is considered a growing airport. The in-progress master plan for RST signi?cant?investment?into?th e?airport,?the?strong?demand?for?services?at?Mayo?Clinic,?and?the?increasing?passenger?creased since 2020. 1st quarter 2022 passengers has increased 36% above the same time frame in 2021. With the -nationwide?recently.??Flights?and?passenger?levels?were?down?in?2021?when?compared?to?2019,?but?it?signi?cantly?intemporary?impact?and?not?a?long?term?trend.??This?is?further?eviden ced?by?a?signi?cant?increase?in??ight?travel?demand?Despite?the?signi?cant?impact?to?the?airline?industry?as?a?whole,?and?RST?speci?cally,?COVID-19?is?believed?to?be?a?the last 10 years annual passenger levels had typically been in the low to mid-200,000s. levels before COVID-19 became a pandemic, with the annual level ending up at 135,000± passengers in 2020. Over and 50,000± control tower operations in 2019. January and February 2020 passenger levels were 10% above 2019 structures.??The?airport?is?classi?ed?as?a?primary?nonhub?airport?with?370,000±?passenge rs?served?in?2018?and?2019,?gars,?49?T-hangars,?and?Signature?Flight?Support?being?the?Fixed?Based?Operator?(FBO)?at?RST?with?numerous?-Improvements?include?an?air?traf?c?control?tower,?a?terminal,?m aintenance?buildings,?5?private?general?aviation?hanwhich?will?reconstruct?and?improve?the?entire?air?eld,?at?a?total?cost?of?$79?million.??dergoing?reconstruction?and?being?lengthened?by?1647’.??Con struction?began?in?May?2021?for?a?multiple?year?project?-It?has?two?concrete?runways?(9034’?x?150’?runway?13/31?and?9301’?x?150’?runway?2/20)?with?runway?2/20?currently?un and maintains the airport for the City of Rochester.rier.??This?24/7?airport?is?the?2nd?busiest?airport?in?Minnesota.??The?Rochester?Airport?Company?manages,?operates,?-current name in 1995. Four major commercial air carriers service RST, with Federal Express as the major cargo carin 1950± in an area to allow for expansion. It was known as Rochester Municipal Airport before being renamed to its Rochester?International?Airport?(RST)?is?situated?on?2400?acres,?originally?founded?in?1928.??The?airport?was?relocated?Description of Rochester International Airport LOCATION ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 19 163 LOCATION ANALYSIS (CONTINUED)Existing Facilities as of 2018±PPPP MGMG PPPPVVPPPPVV Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 20 164 LOCATION ANALYSIS (CONTINUED)Terminal Area Facilities as of 2018±MGMG PPPP Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 21 165 LOCATION ANALYSIS (CONTINUED)Preliminary Conceptual Development Plan 4000200000 N LEGENDConceptual Development Plan Figure?1 TW A3 80TH STREET SW 90th STREET/ FORMER TRUNK HIGHWAY 30 SW90TH STREET SE85TH STREET SE80TH STREET SELC DRIVE SW31ST AVENUE SWC.S.A.H. NO. 16C.S.A.H. NO. 16 Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 22 166 Passenger terminalGA portion of the airportGA fueling facilityNearby private GA hangarNearby T-hangarsNearby private GA hangar Photos of Nearby Uses at RST LOCATION ANALYSIS (CONTINUED)Apprais al report of an Aircraft Hangar at RST, Rochester, MN DAY 23 167 Airport Zoning MapCity of Rochester Zoning Map rights. subject conforms to the major provisions of the zoning codes, or that any nonconformity has long-term grandfathered A detailed zoning compliance study is beyond the scope of work and resources of the appraisers. It is assumed the authority likely limits subject usage to general aviation purposes. While there are no known formal private deed restrictions for the subject, through the ground-lease contract the airport and associated commercial and industrial uses on lands managed by the Airport Authority”.The subject is guided Airport Facilities, which is land “utilized for the operations of the Rochester International Airport for agricultural, commercial, industrial, or SFR residential dwellings.also within Zone C of the Airport Zoning Ordinance, which is subject to height restrictions. Uses are designed to be industrial uses, including airport-related uses. Standards include setbacks of 25’ front and 10’ rear. The subject is The subject is zoned M-1, Mixed Commercial-Industrial District. Permitted uses include a variety of commercial and Overview ZONING Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 24 168 Future Land Use Map ZONING (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 25 169 sumed. -tures, utility and access, without having any water service. No other unusual conditions or factors apparent or as-, the subject is an average aircraft hangar site in the GA portion of RST. It has typical feaOverall and in conclusionenvironmental issues apparent or assumed.aviation-related structures. There are no known easements impacting the subject, nor are there any soil condition or eral aviation (GA) section of the airport and adjacent properties include a variety of hangars, T-hangars, and other -It has adequate visibility and access. Development potential is good if it was vacant. The subject is within the genmoval, lawn mowing, and pavement maintenance.-taxiways, runways, fuel service availability, etc. The subject owner/ground lease tenant is responsible for snow re is?no?water?service?provided?to?the?subject.??The?subject?bene?ts?from?use?of?the?adjacent?airport?features,?including?The site fronts on a bituminous airport taxiway having underground electrical service, and natural gas service. There within low risk Zone X.property?is?within?unprinted?map?#27109C0295D?of?the?FEMA?sp ecial??ood?hazard?area,?dated?April?19,?2017?and?is?(100’ x 100’) and is fully usable. The site is generally level and has average drainage with no on-site ponding. The ity and value of the hangar improvements. The subject is a rectangular airport hangar pad site containing 10,000 sf -While the underlying land is not valued in the appraisal, the location and features of the pad site contribute to the util Overview SITE DATA AND ANALYSIS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 26 170 Site Plan from 1994 Lease SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 27 171 County Parcel Map SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 28 172 FEMA Flood Hazard Map SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 29 173 Taxiway facing northwestTaxiway facing southwest Taxiway Scenes SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 30 174 Entry road facing southeast Photos of Site Features SITE DATA AND ANALYSIS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 31 175 April 2021 Oblique Aerial life and value.The subject retains good appeal, remaining features. It has been well-maintained, having remaining economic life. the subject is a good airport hangar, both in condition and quality, and contains adequate ,Overall and in conclusioncracks and small areas of denting to the metal exterior, etc.been needed. Only minor deferred maintenance noted during the inspection, and was limited to several concrete Its?overall?condition?is?good,?despite?it?being?28?years?old.??Minor?repairs?and?replacements?of?the?components? have?to be original.Site improvements include lawn, and a front concrete slab providing access to the taxi-way. The front slab is reported concrete and in above average condition. Lighting is adequate with LED bulb ceiling lights. The?clear?height?is?12’?to?the?metal?ceiling,?and?the?building?contains?an?automatic?46’?wide?bi-fold?door.??The??oor?is?(10± years old) without ducting. It has adequate natural gas and electrical service, yet no water service. fully insulated with painted drywall walls, and heated by a gas, forced-air furnace does not contain any buildout, yet isThe building is functional for its hangar use. It has a metal covering and is original, reported to be in good condition. The subject is a clear span wood frame structure, slab on grade pole building having a metal exterior. The pitched roof depending on their size.elevated-ceiling?height?1-story?building?containing?a?GBA?of?3,360?sf.??It?i s?designed?to?accommodate?2?to?4?planes,?The?existing?improvements?were?built?in?1994?as?an?aircraft?hangar?building?having?a?2.98?L/B?ratio.??The?subject?is?an?Overview DESCRIPTION AND ANALYSIS OF IMPROVEMENTS Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 32 176 Building Sketch DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 33 177 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 34 178 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 35 179 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 36 180 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 37 181 Photos of Subject DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 38 182 Metal exterior dentingMetal exterior denting Concrete??oor?cracking Condition Photos DESCRIPTION AND ANALYSIS OF IMPROVEMENTS (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 39 183 Assessed Values and Taxes UnknownUnknownRemaining?Special?Assessment?Balance$1,522.00$1,522.00Total?Tax?PaymentSpecial?Assessment?Payment???Per?GBA2.06%2.06%???As?a?Percentage?of?Total?AMV$1,5 22.00$1,522.00Net?Taxes$73,900$73,900$73,900Taxable?Market?Value???Per?Land?SF$21.99$21.99$21.99???Per?GBA$73,900$73,900$73,900Total?Assessed?Market?Value???Per?Land?SF$18.99$18.99???Per?GBA$63,800$6 3,800Building?Assessed?Market?Value???Per?SF$10,100$10,100Land?Assessed?Market?ValuePayable?2021Payable?2022Payable?2023 Sheet1 the appraisers.No special assessment search has been completed by paid in full.deferred/delinquent taxes or other levied taxes being The appraisal is based upon any special assessments, creases in assessed valuations and taxes.-supported later in this report, there is risk of future inDue to the much greater concluded appraised value, The subject consists of a single tax parcel. to the subject.The lessee is responsible for real estate taxes attributed All of the airport land is owned by the City of Rochester. Tax Factors for tax purposes. The table below details the taxes and assessed values are based upon the prior year’s assessed valuation. based upon a fee simple interest. Current year taxes the measure used is market value (value in exchange) Annually every January, assessors value real estate—burden. can be placed upon appeal in an effort to reduce the tax cern to many lessors and lessees. Considerable effort -within Minnesota with certain property types. It is of conReal estate taxes on investment property can be high Overview REAL ESTATE TAXES Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 40 184 A market-rate long-term lease is assumed.The impact of any additional leasehold value from the original below-market lease rate is not included in the analysis. remove the structure, or sell to the City. City for it to acquire the subject. Based on the conditions of the lease, it is understood that the tenant has the right to selling the hangar to the airport, with his ability to lease the building back. Discussions have commenced with the understood?both?parties?have?agreed?to?continue?paying?the?1994?lease?rate.??The?owner?has?expressed?interest?in?It has been reported the lease has technically expired due to a missed renewal deadline several years ago. It is was acquired in 2005 by Mr. Turner. The price was not disclosed to the appraiser. The original lessees were Mark Turner and Doug Walberg. It is understood Mr. Walberg passed away and his portion forced air furnace (10± years ago) and the bottom panel of the bi-fold door (5 to 7 years ago) have been replaced.etc. It is understood the building is mostly original components as only minor maintenance has been needed. The for all expenses of the site, including taxes, maintenance (plus snow removal and lawn mowing), insurance, utilities, a cost of over $50,000 at the time, with some of the work having been done by the owner. The lessee is responsible ration. It was the responsibility of the lessee to construct the building, which was estimated by the lessee to have had -having a 15-year term with unlimited 5-year options as long as renewal was received more than 90 days before expi hangar?pad?site.??The?lease?was?entered?into?on?November?1,?1994.??A??at?lease?rate?of?$0.06/sf/year?is?agreed? to?Ownership is currently held by the City of Rochester, while the subject is under a ground lease of a 10,000 sf aircraft Analysis and Conclusions SUBJECT HISTORY Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 41 185 Rochester International Airport.understand demand is stronger than the supply within is low compared to other airports of a similar size. It is able. With only 5 private GA at RST, the supply level -own GA hangar if a development site were made availof those tenants have expressed interest in building their cupied?for?the??rst?time?in?at?least?several?years.??Some?-is? reported?to?be?good.??At?RST,?all?49?T-hangars?are?oc In general, private general aviation (GA) hangar demand the??rst?weeks?of?COVID-19.tion was reported to have been strong in 2020 other than -the same time frame in 2021. Additionally, general avia1st quarter 2022 passengers has increased 36% above 2021 passengers at RST were up 50% from 2020, and airline industry in 2020, it is believed to be temporary. 2019.??While?the?pandemic?signi?cantly?impacted?the?Before COVID-19, 2020 passengers were up 10% from 75% from what has been typical over the prior 10 years. number of passengers served in 2019 was up 50% to ly begun a $79 million improvement project. The annual -RST is the 2nd busiest airport in the state. It has recent Airport Related Trends recent months.rate increases occur. Interest rates have increased in ture risks for real estate values if interest rates and cap -value growth is anticipated through 2022. There is fuIn conclusion, despite COVID-19, good demand and Bureau of Labor Statistics.measuring?at?2.4%?in?March?2022?according?to?the?US?cantly improved since the beginning of the pandemic, -Unemployment?rates?are?low?in?the?area?have?signi?Rochester,?employing?34,000±?people.Clinic?has?been?a?signi?cant?factor?in?the?economy?of?Roll. It serves over 1.3+ million patients annually. Mayo & World Report in the 2019-2020 Best Hospitals Honor Mayo?Clinic?was?ranked?as?the?#1?facility?by?US?News?table. -following pages. The 2nd half-2020 improvement is noCommercial Property Price Index is presented on the and trends. National value trends reported by the REAL The following graphs illustrate the market movement has occurred overall since the pandemic began.cial property owners. Continued market improvement -with other appraisers, brokers, developers and commerin the owner-user sector are reported in conversations ?ect?the?multi-tenant?industrial?market,?yet?similar?trends?-industrial space. Published market studies generally reincrease in online sales drove expansion of demand for VID-19, and many users are considered essential. The -The industrial market has remained strong during COproperty types.will have only temporary impacts to the market for many fering impacts. However, there is anticipation that this -apparent. Different sectors of the market have had dif the?COVID-19?pandemic,?yet?signi?cant?improvement?is?certainty about the potential lasting adverse effects of -As of the date of value, there is remaining economic unconstruction is occurring. have compressed, values have increased, and some capital is available at affordable interest rates, cap rates ment in property fundamentals (rents & vacancy rates), -improvement in recent years. There has been enhanceAll sectors of the real estate market have experienced General Overview and Trends MARKET OVERVIEW Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 42 186 National Value Trend from/REAL Capital Analytics MARKET OVERVIEW (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 43 187 owner-user/ground lease tenant. maining life. A potential buyer would most likely be an -tal?expenditures?are?needed,?and?there?is?signi?cant?re-facility. A continued use is appropriate, no major capiappeal and acceptance as a private GA aircraft hangar , the subject commands adequate market In conclusionremaining economic life as-is. needed. It is not considered an interim use; it has much ditional customized improvements, no major items are -is appropriate. While some buyers may invest in ading conversion expenditures. A continued hangar use -There are no apparent feasible alternative uses requirpands infrastructure for additional hangar sites.-building a private hangar when airport development exthere is a reported waiting list for users interested in hangar space. All T-hangars are currently leased and tion hangars at RST is low relative to the demand for -Financially, the limited supply of 5 private general avia and?it?has?signi?cant?remaining?life.?penditures needed. Overall, its condition is rated good, -propriate. There are no apparent immediate capital ex-tion due to its vintage, yet a continued hangar use is ap-Physically, the subject exhibits some physical depreciahave “grandfathered” legal non-conforming rights. with zoning, and any non-compliance is assumed to Legally, the subject design and use generally complies Highest and Best Use As Improved owner-user/ground lease tenant. It can be sustained for immediate development by an support development. the land value, and the district and market conditions surrounding properties.. A hangar use would maximize the airport to support an aircraft hangar similar to the adequate features, services, zoning, and location within Legally,?physically?and??nancially,?the?subject?site?has?Highest and Best Use As Vacant ground lease with the airport/City of Rochester.span aircraft hangar without buildout, secured via a As of the date of value, the subject is a typical, clear Use of the Real Estate feasible?uses?is?the?most?pro?table?use)productive?( determine?which?use?of?the?Maximally??4.duce an acceptable occupancy level?)-of?construction??is?there?suf?cient?demand?to?pro such a property? do current rents justify the costs compatible uses, is there an established market for feasible (e.g., surrounding similar or Financially 3.size, terrain, soil conditions, utilities and access)possible (e.g., site adequacy in terms of Physically 2.the potential for re-zoning)permissible (e.g., zoning requirements or Legally 1.use are:The four criteria used in determining highest and best timing, type of user(s) and the most probable buyer(s).and as improved. The conclusions seek to identify use, It considers alternatives for both the site as if vacant, uses,?and?narrows?it?to?that?use?which?is?mos t?pro?table.??subject property. The investigation considers potential a macro perspective to factors that are pertinent to the sis shaped by market and competitive forces, it narrows -ions are predicated. As an economic and market analy-It is a foundational analysis on which the valuation opin maximum?productivity.”sibility,?physical?possibility,??nancial?feasibility,?and?-high est?and?best?use?must?meet?are?legal?permissults?in?the?highest?value.??The?four?criteria?that?the?-“The?reasonably?probable?use?of?property?that?re Appraisal Institute, 2022 is:Real Estate Appraisal, Seventh Edition, published by the Highest?and?best?use?as?de?ned?in?The?Dictionary?of?De?nitions?and?Criteria?Used HIGHEST AND BEST USE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 44 188 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 45 189 Summary and summation n Accrued depreciation is analyzed n Replacement cost new is estimated n The following outline is used in this section:Outline of Cost Approach valuing a hangar on leased land.the use is apparent. A Cost Approach is a valid tool in ported, and where a continued economic demand for -signi?cant?obsolescence?when?depreciation?can?be?sup The results can remain credible for a property having cluding physical, functional, and external obsolescence.-and deducts all depreciation which has occurred - inThe analysis is based on its current cost of replacement, depreciated cost. No land value is included. result. The current value is based upon the subject’s airport, a Cost Approach produces a credible appraisal sign & use, and its ground lease arrangement with the -Given the features of the subject, its special-purpose decurred.-replacement, deducting all depreciation which has ocof the subject property is based on its current cost of structed facility having optimal utility. An indicated value -worth of the subject property to the cost of a newly-constitution where an informed buyer would compare the -The Cost Approach is based upon the principle of sub Development of Cost Approach COST APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 46 190 nomic life of the facility.-features, the market conditions, and the remaining ecoan appropriate estimate given its vintage, condition, Combined depreciation is calculated at 20%, which is cence is merited.-supply at RST is low. Therefore, no external obsolesmand for private GA aircraft hangers is good, and the -No functional depreciation is present. In addition, deditional obsolescence is summarized below. -an age-life analysis using a physical life of 50 years. Adgood condition. Physical obsolescence estimated upon Overall, the subject has been well-maintained and is in nance. There is normal physical wear & tear for its age. -The?subject?does?not?exhibit?signi?cant?deferred?mainte Obsolescence level of buildout, a restroom, etc.$80/sf.??Hangars?of?the?subject?size?often?include?some?separate cost new estimates of $50 to $60/sf, and $55 to tions with two market participants which were indicated -The above conclusion is further supported by conversais estimated at $206,000, or $61.31/sf. of the construction costs. Cost new 8%is estimated at .??Entrepreneurial?pro?t?5%cost service are estimated at Additional soft costs not included in the ation Service.-Marshall ValuReplacement cost support obtained from Replacement Cost COST APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 47 191 contributory value for the site improvements is added. Below is a summation of the prior conclusions, plus a Summary and Summation of Cost Approach COST APPROACH (CONTINUED)Less?additional?fu nctional?depreciation?(none)$50.30$169,000Indicated?value?(rounded)$0Plus?land?value?(leased?land,?value?not?included)$4,000Contributory?value?of?site?improvements?$49.11$165,000Depreciated?cost?of?m ain?building?improvements$0External?(none)$0$49.11$165,000?????Physically?depreciated?cost($12.20)($41,000)Physical?long-lived?obsolescence?amount20.00%Divided?by?total?life?of?50?years?=?depr.?%10Es timated?effective?ageLess?long-lived?physical?accrued?depreciation:$61.31$206,000Subtotal$0Less?immediate?repairs?&?replacements?needed--none?major$61.31Per?SF$61.31$206,000Replacement?cost?net?of?si te?improvements?(rounded)$15,286associated?risk?&?expertise)--estimated?@?8%Entrepreneurial?profit?or?incentive?(i.e.,?return?to?the?developer?for?$56.87$191,076?????Subtotal$9,099construction,?legal ?fees,?marketing?expense,?leasing?commissions,?etc.)5%?soft?costs?not?included?in?cost?service?(taxes?&?return?on?land?during?$54.16$181,978?????Subtotal$0Plus?extras$54.16$181,978?????SubtotalTimes? building?SF$54.16?????Subtotal1.09Times?local?multiplier1.04Times?current?multiplier$47.78?????SubtotalTimes?area-size?multiplierTimes?story-height?multiplier$43.16?????SubtotalPlus?fire?sprinklers?a djustmentPlus?HVAC?adjustment$37.00Base?costsD?Storage?Hangarto?Average?Cost?Class?Low?Cost?Class?D-Pole?Classifications?(from?section?14,?dated?2/2022)Marshall?&?Swift?building?base?cost?estimates:G ross?building?area?in?sq.?ft.Per?GBAStorage?Hangar 5-parcel Cost Approach$169,000 ($50.30/sf) INDICATED VALUE BY COST APPROACH: Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 48 192 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 49 193 1-2 Comparable Location Map 3654 repairs noted during the walk-thru inspection. None; no major inadequacies requiring immediate pital expenditures needed: Deferred maintenance/ca 1)been considered:The following adjustment to the indicated value has valuation tool. user. Hence, the Sales Comparison Approach is a good The subject has good appeal and value to an owner-Development of Sales Comparison Approach each sale, and an adjustment analysis.Following are a location map, summary information on range?in?value?from?$40±?to?$93±/sf?of?GBA.tage, and features from the midwest. Unadjusted, they -I have analyzed 6 comparable sales similar in use, vin Comparable Selection SALES COMPARISON APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 50 194 Rochester International AirportAirport:# of Planes 3 GBA$47.84 cation Phone No. and/or Email fi VeriComments Comp. No.2Rochester, MN airport is good from major roads.annually in 2019, 50,000± control tower operations, and 5 private GA hangars onsite. Access to theRST is categorized as an international airport, 2nd busiest in MN, having 370,000± passengersinfrared heaters. No plumbing service. Built in 1988, good condition.exterior and roof. Fully insulated with drywall walls, heated by a gas, suspended unit heater and anfrom an appraisal. The building is a wood frame structure, slab on grade pole building with a metalhangar. Located on a site leased from the airport on a ground lease. The potential price determinedVerbal agreement with an anticipated signed purchase agreement soon of a private general aviation Sale Price$155,000 Sale Date Rochester International AirportAirport:# of Planes 3 GBA$47.01 cation Phone No. and/or Email fi VeriComments Comp. No.1Rochester, MNParcel A airport is good from major roads.annually in 2019, 50,000± control tower operations, and 5 private GA hangars onsite. Access to theRST is categorized as an international airport, 2nd busiest in MN, having 370,000± passengersheated by a gas, suspended unit heater. No plumbing service. Built in 1995, good condition.structure, slab on grade pole building with a metal exterior and roof. Fully insulated with drywall walls,ground lease. The pending sale price determined from an appraisal. The building is a wood frameNormal market sale of a private general aviation hangar. Located on a site leased from the airport on a Sale Price$155,000 Sale Date 5/25/2022 Descriptions of the Comparables SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 51 195 Descriptions of the Comparables (continued)Owatonna Denger Regional Airport (OWA)Airport:# of Planes 3 GBA$41.67 VeriComments Comp. No.4Owatonna, MNHangar #2 estimated 10 private GA hangars onsite. Access to the airport is good from major roads.OWA is a regional general aviation airport facility which had 30,000± aircraft operations in 2018, and anin the 1990s, good condition.nished area (including restroom), 20Õ clear height. Built fi exterior and roof, is insulated, and includes a leased from the airport on a ground lease. The building is a steel frame pole building with metalthe left is an estimate). Sale of a private general aviation hangar. Located on a 6,400 sf (0.15 ac) sitec date of sale is not known, yet reported to have occurred in September 2020 (the date to fi The speci Sale Price$150,000 Sale Date 9/15/2020 Kenosha Regional Airport (ENW)Airport:# of Planes 6±GBA$47.22 VeriComments Comp. No.3Kenosha, WI52nd St10420 and an estimated 25 private GA hangars onsite. Access to the airport is good from major roads.ENW is categorized as a regional reliever airport facility which had 55,000± aircraft operations in 2019,condition.nishings. Built in 2004, good fi ce having higher end fi nished of fi insulated, and includes 400 sf of the airport on a ground lease. The building is a steel frame pole building with metal exterior and roof, isestimate). Sale of a private general aviation hangar. Located on a 10,000 sf (0.23 ac) site leased fromc date of sale is not known, yet reported to have occurred in 2020 (the date to the left is an fi The speci Sale Price$340,000 Sale Date 7/1/2020 SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 52 196 Descriptions of the Comparables (continued)West Bend Municipal Airport (ETB)Airport:# of Planes 5±GBA$40.32 cation Phone No. and/or Email fi VeriComments Comp. No.6West Bend, WIEarl Stier Dr341 airport is good from major roads.46,000± aircraft operations in 2019, and an estimated 25± private GA hangars onsite. Access to theETB is categorized as a general aviation reliever/general utility-corporate airport facility which hadce plus additional mezzanine. Built in 1972, average condition.fi ofnished fi The building is a frame pole building with metal exterior and roof, insulated, with 1360 sf of Sale of a private general aviation hangar. Located on a site leased from the airport on a ground lease.Sale Price$200,000 Sale Date 6/19/2019 Rapid City Regional Airport (RAP)Airport:# of Planes 3 GBA$92.86 cation Phone No. and/or Email fi VeriComments Comp. No.5Rapid City, SDCook Hangar Ln airport is good from major roads.and 43,000± aircraft operations in 2018, and an estimated 20 private GA hangars onsite. Access to theRAP is a non-hub primary commercial service airport facility which had 625,000± annual passengersand renovated in 2020, good condition.ce (including restroom), 12Õ clear height. Built in the 1990s fi nished of fi insulated, and includes 559 sf of airport on a ground lease. The building is a frame pole building with metal exterior and roof, isActive listing (as of 10/21) of a private general aviation hangar. Located on a site leased from the Sale Price$325,000 Sale Date SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 53 197 cluded in the transactions. No adjustment is needed.-provements in average condition, and no equipment in-The subject and comparables have adequate site im Site Improvements & Equipment rated for higher capacity (downward adjustments).can?hold,?the?higher?the?value.??Comps?#3?and?#6?are?tion component. The larger number of planes a building -The?capacity?of?aircraft?ha ngers?are?a?signi?cant?valua based upon a 1.5% per year variation in effective age.moderate adjustment has been made. Adjustments are Many of the comps are of a similar vintage, yet some Age & Condition SALES COMPARISON APPROACH (CONTINUED)ing in downward adjustments.-are rated superior having some interior buildout, resultage, quality of build-out, etc.. Most of the comparables -ponents,?structural/mechanical?features,?of?ce?percent-such as type of construction, clear height, exterior com This?adjustment?category?re?ects?differences?in?features?Building Class, Quality & Appeal leases. No adjustment is needed.The subject and all of the comparables are on ground Land-to-Building Area Ratio, and Site Features Dakota.to the operations of Rapid City Regional Airport in South been?adjusted?upward.??Comp?#5?is?rated?superior,?due?gars.??Comps?#3,?#4,?and?#6?are?rated?inferior?and?have?-munity featuring Mayo Clinic, and few private GA han-port servicing commercial passengers, in a stable com-The subject has a good location as an international air si?cation,?and?scarcity?of?private?GA?hangars.-ity/growth of the airport, plane operations, airport clas-for hangar appeal and value. Factors include the stabilLocation and airport appeal an important consideration Location & Airport Appeal of +1%/year.prove. I have applied a market conditions adjustments -good in most areas and have continued to modestly imsale prices, marketing, and the hangar market remains Market participants indicate COVID-19 did not impact Market Conditions chase. No adjustment needed.-to the transaction, or required expenditures after purpremium), lack of market exposure, uninformed parties distressed sale, related parties, key parcel assemblage such as unusual motivations of buyer or seller (e.g., This?adjustment?category?re?ects?non-market?conditions?Conditions of Sale adjustment needed.ing terms may result in a premium price being paid. No -tion?of?market?value.??Favorable?seller-extended??nanc-The?appraisal?is?based?upon?a?cash?equivalent?de?ni Financing Terms No adjustment needed. Property Rights and Economic Operation ments.-categorized between transactional and property adjustPrice per GBA is used. The adjustments have been Unit of ComparisonAdjustment Analysis Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 54 198 NoneAverageholds?up?to?3?planesGBA?of?3240?sf,?1988,?good$48.59?electric,?no?plumbingdoor,?good?gas?&?height,?54'?bi-fold?mezzanine,?18'?clear?finished?areas,?small?insulated,?no?exterior?&?ro of,?building,?metal?wood?frame?pole?Average?hangar,?AverageOn?a?land?major?roadsgood?access?from?hangars?at?RST,?5?private?GA?operations),?total?of?50,000?control?tower?annual?passengers,?(In?2019:?3 70K±?operations?&?growth?Good?airport?$50.93Verbal?pending?saleArm's?lengthMarket?termsuserFee?simple,?owner-$50.93$165,0003.13Rochester,?MNErnster?Hangar,International?AirportRochester?COMP?#2Arm's? lengthMarket?termsplumbing&?electric,?no?fold?door,?good?gas?clear?height,?46'?bi-finished?areas,?12'?insulated,?no?exterior?&?roof,?building,?metal?wood?frame?pole?Average?hangar,?AverageOn?a?land?1 995,?good3.03$47.48?userFee?simple,?owner-$47.01$155,000Rochester,?MNParcel?A,Nelson?HangarInternational?AirportRochester?COMP?#1major?roadsgood?access?from?hangars?at?RST,?5?private?GA?operations),? total?of?50,000?control?tower?annual?passengers,?(In?2019:?370K±?operations?&?growth?Good?airport?$47.015/22?(0%)None$47.48$48.90planesholds?up?to?5±?GBA?of?4960?sf,?Average$49.98NoneAverageAveragefi nishingswith?higher?end?finished?office?insulated,?400?sf?exterior?&?roof,?building,?metal?steel?frame?pole?Average?hangar,?electric,?no?plumbingdoor,?good?gas?&?height,?46'?bi-fold?areas,?12'?clear? insulated,?no?finished?metal?exterior?&?roof,?frame?pole?building,?Average?hangar,?wood?userFee?simple,?owner-1972,?averagegoodrenovated?in?2020,?Assumed?1990s,?$49.16?$49.28?0.233.02Average$49.98?$4 8.88?AverageAveragemezzanineoffice?with?add'l?1360?sf?finished?roof,?insulated,?metal?exterior?&?frame?pole?building,?Average?hangar,?restroomfinished?office?and?insulated,?559?sf?exterior?&?roof,?po le?building,?metal?Average?hangar,?frame?20'?clear?heightincluding?restroom,?finished?area?insulated?with?exterior?&?roof,?building,?metal?steel?frame?pole?Average?hangar,?Average2004,?good1994,?good Market?termsgoodAssumed?1990s,?Fee?simple,?owner-useruserFee?simple,?owner-userFee?simple,?owner-userFee?simple,?owner-major?roadsgood?access?from?private?GA?hangars,?estimate?of?10±?operations),?tot al?30K±?annual?aircraft?airport?(in?2018:?general?aviation?Established?regional?On?a?land?On?a?land?from?major?roadsRST,?good?access?private?GA?hangars?at?operations),?total?of?5?50,000?control?tower ?annual?passengers,?(In?2019:?370K±?operations?&?growth?Good?airport?Averageaccess?from?major?hangars,?good?private?GA?estimate?of?25±?operations),?total?aircraft?55K±?annual?airport?(in?2019:?region al?reliever?Established?Arm's?lengthArm's?lengthOn?a?land?On?a?land?leaseOn?a?land?$41.67$47.225/23/22Cash?equivalentArm's?length6/19?(+3%)2021?active?listing2020?(+2%)Arm's?lengthaccess?from?major?h angars,?good?25±?private?GA?total?estimate?of?aircraft?operations),?46K±?annual?airport?(in?2019:?utility-corporate?reliever/general?regional?Established?from?major?roadshangars,?good?access?20±?priv ate?GA?operations),?total?of?43K±?aircraft?annual?passengers,?growth?(In?2018:?625K±?airport?operations?and?service?facility,?good?primary?commercial?Established?non-hub?Market?termsMarket?termsArm's ?lengthAverageAverageOwatonna,?MNHangar?#2,Regional?AirportOwatonna?Denger?AirportKenosha?Regional?International?AirportRochester?Market?terms0.159/20?(+2%)COMP?#4$150,000Kenosha,?WI10420?52nd?St,?Ro chester,?MNSUBJECTMunicipal?AirportWest?Bend?UnkUnk$200,000$325,000West?Bend,?WI341?Earl?Stier?Dr,?Rapid?City,?SD3965?Cook?Hangar?Ln,?COMP?#6COMP?#5$40.32$92.86$340,000AirportRapid?City?Regional?COMP ?#3up?to?3?planesGBA?of?3500?sf,?holds?Averageholds?up?to?3?planesGBA?of?3297?sf,?planesholds?up?to?6±?GBA?of?7200?sf,?2?to?4?planesGBA?of?3360?sf,?holds?holds?up?to?3?planesGBA?of?3600?sf,?5.008.00$ 41.53$83.57$42.50$48.17NoneNoneNoneNot?includedAverageHighLowAdjusted?Price?/?GBASubtotal?Property?Adj.?Multip.???Adjustment?MultiplierFF&E???Adjustment?MultiplierSite?Improvements???Adjustment?Multi plierSize?(economies?of?scale)???Adjustment?Multiplier???Effective?Age?(years)Year?Built?&?Condition???Adjustment?MultiplierFunctionBuilding?Class?Quality,?Features?&????Adjustment?Multipliertopo,?so ils,?esmts)Site?Features?(streets?&?utilities,????Adjustment?MultiplierUnkUnk1.781.393.133.033.02L/B?Area?Ratio???Adjustment?Multiplierappeal,?exposure?&?access)Location?&?Airport?Appeal?(district?Su btotal?Price?/?GBASubtot?Transactional?Adj?Multip.???Adjustment?Multiplier?Market?Conditions???Adjustment?MultiplierConditions?of?Sale???Adjustment?MultiplierFinancing?Terms???Adjustment?MultiplierOp erationProperty?Rights?&?Economic??????Price?Per?GBASale?Price1.781.390.230.230.23Acres?/?LB?RatioMain?GBA?in?SFProperty?AddressAirportFEATURE Adjustment Grid SALES COMPARISON APPROACH (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 55 199 SALES COMPARISON APPROACH (CONTINUED)$160,000 ($47.62/sf) INDICATED VALUE BY SALES COMPARISON APPROACH: Rounded Conclusion of $160,000 ($47.62/sf)$158,000 to $165,0003,240 sf @ $47.00 to $49.00/sf = a rounded mid-point of $160,000 being concluded.provide?a?mid-level?value?range?of?$47/sf?to?$49/sf,?with?ing?more?emphasis?on?these??rst?2?comparables,?they?-airport having similar features to the subject. With plac Comps?#1?and?#2?are?also?private?GA?hangars?at?RST?narrowed. observations.??After?adjustment?the?range?is?signi?cantly?Differences have been adjusted for based upon market The comparables are generally similar hangar facilities. Reconciliation Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 56 200 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 57 201 valuation approaches. Hence, no Income Approach has been developed.proach would produce a reduced credible value indication. Market participants are relying on other more meaningful -Due?to?the?subject?use?where?modest?GA?hangars?are?not?typically?owned?for?their?cash??ow?potential,?the?Income?Ap appreciation upon resale.valuing?the?future?anticipated?bene?ts.??These?investment ?factors?are?primarily?the?income?stream?and?possible?value?The Income Approach considers an income-producing property from an investment point of view. It is based upon Development of Income Approach INCOME APPROACH Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 58 202$160,000 FINAL ESTIMATE OF LEASEHOLD INTEREST MARKET VALUE: RECONCILIATION AND FINAL VALUE ESTIMATE$47.62/sf$160,000Concluded Appraised ValueN/AN/AIncome Approach$47.62/sf$160,000Sales Comparison Approach$50.30/sf$169,000Cost Approach Per GBATotal ground tenant.provides adequate appeal to an owner-user/concluded highest and best use, the subject gar at Rochester International Airport as a -As an private, general aviation aircraft hanHighest & Best Use Summary Summary and Value Indications values or other conclusions.Please review the “extraordinary assumptions and hypothetical conditions” section of this report before relying on the cluded,?or?$47.62/sf.??-With most emphasis accorded the Sales Comparison Approach, a market total value opinion of $160,000 is con are?not?typically?purchased?for?their?cash??ow?potential.?value conclusion is well supported. The Income Approach is not considered a reliable procedure given that hangars The Cost and Sales Comparison Approaches have been developed. Good market data has been analyzed, and the Reconciliation Comments Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 59 203 Conclusion: 6 to 12 monthsplies as the industrial market appears to remain strong.-However, it is determined the same marketing period aptal markets, or an overall decline in market conditions. -worsens, interest rates further increase, declining capi cession?due?to?COVID-19?pandemic?and/or?in?ation?-A longer marketing period may occur if a potential revalue, marketing time differs in that it is subsequent.While exposure time precedes the effective date of appraisal.”the?period?immediately?after?the?effective?date?of?an?cluded?market?value?or?at?a?benchm ark?price?during?-sell?a?real?or?personal?property?interest?at?the?con“...an?opinion?of?the?amount?of?time?it?might?take?to?ion No. 7:-Per the Appraisal Standards Board in its Advisory Opin De?nition:??Marketing Time Conclusion: 6 to 12 monthsa new lessee, and some time to coordinate a closing.legal?work,?time?to?secure??nancing,?airport?approval?of?negotiating, due diligence and any required inspections, observations. This period allows for marketing efforts, The exposure period conclusion is based upon market keted?without?signi?cant?work?being?needed.-i ted number of potential buyers, yet could easily be mar-The subject is a special purpose property having a lim Source:??USPAPsuming?a?competitive?and?open?market.-opinion?based?on?an?analysis?of?past ?events?asthe?appraisal.??Exposure?time?is?a?retrospective?of?a?sale?at?market?value?on?the?effective?date?of?the?market?prior?to?the?hypothetical?consummation?terest?being?appraised?would?have?been? offered?on?-The?estimated?length?of?time?that?the?property?in De?nition:??Exposure Time EXPOSURE & MARKETING TIME Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 60 204 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 61 205 Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 62 206 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 63 207 http://www.appraisalinstitute.org/about/designations_popup.aspPage 1 of 2Appraisal Institute Designations11/21/05 4:38 PM SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice edge of Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice ssional basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profedge of Receive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstrates the ability to criteria.ch must meet strict Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: ion of Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat ess?management,?and?economics.Paul,?Minnesota.??Coursework?incl uded??nance,?statistics,?busin?Bachelor?of?Science?Degree?-?General?Business,?2004?graduate?from?University?of?Northwestern?-?St.?Paul,?St.?n EDUCATION?Appraisal?Investment?&?Financial?Analysis n?National?USPAP?15-Hour?Course n Introduction to Appraisal Practices II n Introduction to Appraisal Practices I n Introduction to Appraisal Principles II n Introduction to Appraisal Principles I n Introduction to Construction Principles n Other Organizations Applications?Marketability?Studies:?Advanced?Considerations?&n??????Do?and?Why?Reappraising,?Readdressing,?Reassigni ng:?What?to n??????Appraisal?Practice?(USPAP)?Update?Course?National?Uniform?Standards?of?Professional?n?Basic?Income?Capitalization n General Applications n?General?Appraiser?Report?Writing?&?Case?S tudies n?Market?Analysis?and?Highest?&?Best?Use n ?Business?Practices?and?Ethics n?Advanced?Income?Capitalization n?Advanced?Concepts?and?Case?Studies n The Appraisal Institute APPRAISAL?EDUCATION DAY Jonathan D. Day, MAI cense?No.?20480945.-Minnesota?Certi?ed?General?Real?Property?Appraiser?LiCourt-appointed?county?commissions.pert?witness?in?condemnation?proceedings?before?District?-fession al??ndings?and?opinions,?and?has?testi?ed?as?an?ex-Mr.?Day?competently?supports?and?communicates?his?proand?special-use?facilities.??parcels,?planned?unit?developments,?subdivision?analyses,?apartmen t?projects,?mixed-use?complexes,?vacant?land?include?industrial?facilities,?retail?buildings,?of?ce?centers,?eminent?domain?matters,?and?past?property?assignments?property?appraisal?needs.??His?diver se?practice?includes?and?experience?to?professionally?complete?your?income?Mr.?Day?has?had?extensive?training,?and?has?the?skill?Certi?ed?General?Real?Property?Appraiser?license?in?2007.praiser?with? The?Valuation?Group,?Inc.?after?achieving?his?-and?consulting?experience.??He?had?been?a?senior?staff?apand?consulting??rm.??Mr.?Day?has?17?years?of?appraisal?and President of Day Group LLC, a real estate valuation Jonathan Day is a MAI-designated co-founder, partner, QUALIFICATIONS OF JONATHAN D. DAY QUALIFICATIONS OF JONATHAN D. DAY Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 64 208?Wells?Fargo?Bank n?Three?Rivers?Park?District n?Third?Coast?Bank n Taft Law n?rb?LEGAL,?LLC n?RBC?Builder?Finance n?State?Farm?Bank n?State?of?Minnesota n?Stantec n?Sherburne?State?Bank n?ProSource?Technologies,?Inc.n?Plymouth?Church?Neighborhood?Foundation n?Pillsbury?United?Communities n?Neighborhood?Development?Center n?MN?State?Fair n MN Dept of Transportation n?Minneapolis?Public?Housing?Authority n?Minneapolis?Park?and?Recreation?Board n Development?Minneapolis?Community?Planning?&?Economic?n?Metropolitan?Airports?Commission n?Maslon?Commercial?Law?Firm n?Hennepin?County n?Liberty?Bank n?Great?Northern?Bank n?Gray,?Plant,?Mooty/Lathrop?GPM n?First?American?Bank n?Detroit?Lakes?Airport n?City?of?Wayzata n?City?of?St.?Louis?Park n City of Minneapolis n?City?of?Hopkins n?City?of?Edina n City of Burnsville n?City?of?Bloomington n?Center?National?Bank n Briggs and Morgan n?Bridgewater?Bank n?Bremer?Bank n?BMO?Harris?Bank?/?M?&?I?Bank n?Anthony?Ostlund?Baer?&?Louwagie?P.A.n Sample?clients?include?the?following:?n-pro?ts,?governmental?agencies?and?lenders.??Numerous?individuals,?attorneys,?corporations,?partnerships,?no CLIENTS?SERVED?Member?-?MAI?designated?member?of?Appraisal?Institute n?Minnesota?General?Real?Property?Appraiser?License?No.?20480945 n LICENSES?AND?AFFILIATIONS?Contracts?in?a?Real?Estate?Lending?C ontext n?Transformation?of?a?Masterpiece:?The?Dayton’s?Project n?Ford?Site?Redevelopment?-?Land?Planning?and?Entitlement?Overview n?2040?Comprehensive?Plan?Update n?Multifamily?Housing?Market?-?Twin? Cities?and?Capital?Market?Update n?Reducing?Liability:?Using?the?ANSI?Residential?Measuring?Standards n?A?Builder’s?View?of?Minnesota’s?Housing?Affordability?Challenges:?Construction?Costs n?Common?Real?Property?Errors?and?Con?ict?Resolution?with?the?IRS n?Real?Estate?Valuation?in?Condemnation?Appraising?in?Minnesota n?A?Little?Value?For?Everyone n?Mortgage?Foreclosure?Update n?Collaborative?Discussion?of?Appraisal?and?Regulatory?Issues?in?the?Current?Lending?Environment n?Market?Conditions?Update?-?Of?ce,?Retail,?Industrial?and?Capital?Markets n?Twin?Cities?Land?Develop ment?and?Home?Building?-?Pre?Great?Recession,?Today?and?Beyond n?Annual?Real?Estate?Trends?Seminar n Recent Continuing Education QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 65 209 at?commerce.state.mn.us.?For?further?details,?please?visit?our?website Trainees do not qualify.perform?appraisals?for?federally-related?transactions.??You?must?hold?a?licensed?Residential,?Cer tified?Residential,?or?Certified?General?qualification?in?order?to Appraisers:•hour?USPAP?course.?30?hours?is?required?for?each?subsequent?renewal?period,?which?includes?a?7?hour?USPAP?course.es?a?7? 15?hours?is?required?in?the?first?renewal?period,?which?includ Individual Licensees Only - Continuing Education:•Notes:Website:?commerce.state.mn.usEmail:?licensing.commerce@state.mn.usTelephone:?(65 1)?539-1599St.?Paul,?MN?55101-316585?7th?Place?East,?Suite?500 Licensing Division Minnesota?Department?of?Commerce COMMISSIONER OF COMMERCE IN TESTIMONY WHEREOF, I have hereunto set my hand this July 16, 2020.until?August?31,?2022.ly?terminated.?This?license?shall?be?in?effectunless?this?authority?is?suspended,?revoked,?or?otherwise?legal License Number: 20480945 Resident Appraiser : Certified General eby?licensed?to?transact?the?business?ofhas?complied?with?the?laws?of?the?State?of?Minnesota?and?is?herPLYMOUTH,?MN??55441SUITE?30212805?HIGHWAY?55 JONATHAN DAVID DAYThe Undersigned COMMISSIONER OF COMMERCE for the State of Minnesota hereby certifies that STATE OF MINNESOTA PLYMOUTH,?MN??55441SUITE?30212805?HIGHWAY?55JONATHAN?DAVID?DAY Jonathan?Day?holds?a?Minnesota?Certi?ed?General?Real?Property?Appraiser?license.?APPRAISAL?LICENSE QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)QUALIFICATIONS OF JONATHAN D. DAY (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 66 210 Page intentionally blank Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 67 211 COMPANY BROCHURE Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 68 212 http://www.appraisalinstitute.org/about/designations_popup.aspAppraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstratcriteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat DAY http://www.appraisalinstitute.org/about/designations_popup.aspAppraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlEducation:aspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstrates the ability to criteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat Appraisal Institute Designations SRPA SRPA designation were as follows:industrial, residential and other types of property. The requirements that an appraiser must have fulfilled for the The membership designation is held by appraisers who are experienced in the valuation of commercial, Hold an Associate degree from an accredited educational institution (or satisfy a specified alternative) appraisal principles, residential valuation techniques, report writing and standards of professional practice Receive a passing grade on six examinations that reflect 200 hours of classroom instruction and that test the appraisers knowlaspect of, real property, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality, or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to a residential property that demonstrates the ability to Experience: Receive credit for 3,000 hours of Residential Appraisal Experience (must cover at least 24-months).Education:SRA receive the SRA designation are as followsthe analysis and valuation of residential real property. The current requirements that an appraiser must fulfill to The professional membership designation is held by real estate solutions providers who are experienced in Hold an undergraduate degree from a four-year accredited educational institution Receive a passing grade on a four-module, two-day comprehensive examinationpractice basic and advanced appraisal principles, procedures and applications; report writing; valuation analysis and standards of profeReceive a passing grade on 11 examinations that reflect 380 hours of classroom instruction and that test the appraisers knowleaspect of, real property, including handling physical incurable depreciation, or fulfill an approved comparable alternative.present a properly supported value estimate or opinion evaluating the nature, quality or utility of a parcel of real estate or any interest in, or Demonstration Report: Receive credit for a demonstration appraisal report relating to income-producing property that demonstratcriteria.Experience: Receive credit for 6,000 hours of experience, including 3,000 hours of specialized appraisal experience, all of whiEducation:MAI as follows:investment decisions. The current requirements that an appraiser must fulfill to receive the MAI designation are commercial, industrial, residential and other types of properties, and who advise clients on real estate The membership designation is held by appraisers who are experienced in the valuation and evaluation of knowledge, understanding and ability. Most designated members hold one or more of the following designations: Appraisal Institute designated members have met rigorous requirements relating to education, testing, experience and demonstrat needs.meet?your?real?estate?valuation?and?consulting?and?commitment?to?the?highest?standards?to?We?have?the?education,?experience,?resources?erty?Apprai ser?license?in?2007.after?achieving?her?Certi?ed?General?Real?Prop-staff?appraiser?with?The?Valuation?Group,?Inc.?praiser?license?in?2002.??She?had?been?a?senior??eld?since?1985,?and?obtained?her?rea l?estate?ap-Group?LLC.??Barb?has?assisted?in?the?appraisal?Barbara?Day?is?a?co-founder?and?partner?of?Day?cludes?litigation?matters.??is?extensive,?his?practice?is?diverse,?and?it?in-Day’s?involvemen t?within?the?appraisal?industry?owner?and?of?cer?at?Lyle?H.?Nagell,?Inc.??Mr.?The?Valuation?Group,?Inc.??He?was?also?a?past?perience,?and?was?a?principal?and?co-founder?of?Thomas?Day?has?over?40?year s?of?appraisal?ex-diverse,?and?includes?eminent?domain?matters.erty?Appraiser?license?in?2007.??His?practice?is?after?achieving?his?Certi?ed?General?Real?Prop-staff?appraiser?with?The?Valuation?Group ,?Inc.?of?appraisal?experience.??He?had?been?a?senior?President?of?Day?Group?LLC.??Jon?has?17?years?Jonathan?Day?is?a?co-founder,?partner,?and?having?extensive?experience.??partners?Jonathan?Day?and? Thomas?Day,?both?The??rm?is?led?by?co-founders?and?MAI-designated?PrincipalsCOMPANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 69 213 lenders?and?partnerships.??corporations,?attorneys,?governmental?agencies,?ing?authorities,?property?owners,?individuals,?private?and?public?sectors,?including?condemn-Numerous?clients?have?be en?served?within?the??Marriage?dissolution?property?valuations 3?Insurance?cost?replacement?analysis 3?Tax?appeal?valuation?&?consulting 3?Environmental?impact?valuations 3?Charitable?contribution?va luations 3?Market?rent?studies 3?Market?feasibility?studies 3?Highest?and?Best?Use?studies 3?Litigation?support 3?Expert?witness?testimony 3?Review?appraisals 3?General?disputes?relating?to?real?esta te 3 nership?dissolution?Valuation?and?consulting?relating?to?part-3?Special?assessment?appeals 3?Valuation?for?estate?planning 3 Investment?consultation 3 Inverse?condemnation 3 sultation?Pre-condem nation?scope?of?taking?con-3?Easement?valuations 3 Lending?valuations 3 ationCondemnation?Just?Compensation?valu-3 for?a?number?of?purposes,?including:Our?services?include?valuations?and?consultation ??Gravel?mines 3?Treatment?centers 3?Affordable?housing 3?Multi-property?portfolios 3?Mixed-use?projects 3?Market?feasibility?studies 3?Special?use?property 3?Subdivision?analysis 3?Development?proje cts 3?Multifamily?residential?properties 3?Industrial?facilities 3 Of?ce?complexes 3 Retail?centers 3 and?special?use?property?including:Our?diverse?practice?includes?a?variety?of?income?PracticeCOMP ANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 70 214 DAY?Review?of??nal?reports?before?submis-3 needs?Understanding?and?meeting?the?client’s?3?Competency 3?Timely?completion?of?assignments 3?Diligent?work?ethic 3 to?appraisal?assignments?Researc h?and?market?analysis?pertinent?3?Quality?ongoing?education 3?Increasing?our?knowledge?base 3 of?the?Appraisal?Institutedards?of?Professional?Appraisal?Practice?the?Code?of?Professional?Ethics?and?St an-Full?compliance?with?the?requirements?of?3 of?Appraisal?Practice?(USPAP)Full?adherence?to?the?Uniform?Standards?3 Our?commitment?includes:professionalism,?diligence,?integrity?and?ethics.??We?are? committed?to?the?highest?standards?of?Commitment Association?of?Realtors?Market?data?from?the?Minneapolis?Area?3?Maintained?real?estate?library 3?Access?to?demographics?software 3?Trial?exhibit-gener ating?resources 3?Internal?of?ce-generated?market?studies 3 ics?software?State-of-the-art?report?writing?and?graph-3 tion??Published?cost?manual?-?Marshall?Valua-3 brary??Appraisal?Institute?publicat ions?and?li-3 terprise?cash??ow?valuation?software?DCF?analysis?templates,?plus?Argus?En-3 real?estate?databases?Involvement?with?appraiser,?broker?and?3 Access?to?market?trends?and?studies 3 National,?regional?and?local?publications 3 the?following?resources:within?the?Twin?Cities?is?well?equipped,?including?We?are?committed?to?professionalism.??Our?of?ce?ResourcesCOMPANY BROCHURE (CONTINUED)COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 71 215 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 72 216 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 73 217 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 74 218 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY 75 219 COMPANY BROCHURE (CONTINUED)Appraisal report of an Aircraft Hangar at RST, Rochester, MN DAY M 220?.evreser?tisnart?dna?,gnisitrevda,sessap?sub?,xoberaf?eht?morf?si?erahs?lacol?ehT?.003,721,61$?si?tegdub?gnitarepo?tisnarT?3202?ehT:tcapmI?ecruoseR?&?lacsiF.ssecorp?tnarG?gnitarepO?tisnarT?3202 ?eht?ni?pets?tsrif?eht?si?noitcA?licnuoC?rof?tseuqeR?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.retneC?lacideM?noitanitseD?dna?nalP?esU?dnaL?evisneherpmoC?s'ytiC?eht?htiwtnetsisnoc?era?dna ?nalP?tnempoleveD?tisnarT?detpoda?eht?htiw?tnetsisnoc?era?3202?rof?slevel?ecivreS:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicni rP?lanoitadnuoF?&?seitiroirP.%02?si?tnemeriuqer?hctam?lacol?ehT?.edivorpyam?etatS?eht?taht?gnidnuf?latipac?yna?fo?noitucexe?dna?ecnatpecca?eht?sezirohtua?osla?noituloser?ehT.evreser?tisnart?dna?,gnis itrevda?,sessapsub?,xoberaf?eht?morf?si?erahs?lacol?ehT?.raey?tsrif?eht?rof?etatS?eht?yb?dednuf?ylluf?si?ecivres?wen?ehT.tisnartarap?rof?hctam?lacol?%51?dna?noitarepo?etuor?dexif?rof?%02?fo?hctam?lac ol?a?seriuqer?etatS?ehT?.ssecorp?tegdub?s’ytiC?eht?gnirud?snoitarebileds’licnuoC?eht?ot?tcejbus?llits?era?gnidnuf?etatS?rof?snoitacilppa?tneuqesbus?dna?stegdub?desoporp?ehT.lattimbus?tnargetarapes?a? hguorht?rof?deilppa?eb?lliw?secivres?noisnapxe?,snoitcurtsni?)etatS(?atosenniM?fo?etatS?eht?reP.2202?ni?rof?detegdub?dna?desoporp?neeb?sah?taht?ecivres?tnerruc?eht?rof?si?noitacilppa?tnarg?3202?ehT:e vitarraN?tropeR.tisnart?cilbup?fo?noitarepo?rof?3202?raeY?radnelaC?rof003,721,61$?fo?tnuoma?eht?ni?atosenniM?fo?etatS?eht?htiw?snoituloser?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???9.Fgnidnu F?tisnarT?etatS?3202 NOITCA?ROF?TSEUQER edrevlaV?leahciM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE S 221 gnidnuF?etuoR?dexiF?3202?-?noituloseRediR?A?laiD?3202?-?noituloseR:stnemhcattA edrevlaV?leahciM:yB?deraperP.ecivres?siht?ot?detacolla?eb?ot?detcepxe?si?taht?yenom?tnarg?etatS?niM5.01$?fo?ssol?e ht?ni?tluser?dluow?meti?siht?fo?laineD?.emit?siht?ta?dednemmocer?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA?838,051$0$838,051$ecivreSnoisnapxE091,791,1$975,971$116,710,1$)SPIZ(?ADAtisnartaraP272, 977,41$558,559,2$714,328,11$etuoR?dexiFtnuoma?latoThctaM?lacoLerahS?laredeFdna?etatSepyT?ecivre RESOLUTION222 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22______________________, 20 THIS _____ DAY OF APPROVED CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .22THIS __________ DAY OF _______________, 20ROCHESTER, MINNESOTA, PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF order to obtain the grant assistance requested., and contracts in to execute these agreements and all other documents, certificationsBE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed share necessary for expenses that exceed funds available from the State.provide 100 percent of the local BE IT FURTHER RESOLVED that the City agrees to Ride transit. -A-Dial al capital costs for the CY 2023percent of the total operating cost and 20% of the totBE IT FURTHER RESOLVED that City agree to provide a local share of up to 15% -A-Dial Rochester, Minnesota for CY 2023public transportation service in ride -A-Rochester enter into an agreement with the State of Minnesota to ZIPS DIALBE IT RESOLVED by the Common Council of the City of Rochester that the City of .Ride Funding-A-Approving 2023 State Dial RESOLUTION223 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22THIS _____ DAY OF ______________________, 20APPROVED CITY CLERK __________________________ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .22OF _______________, 20 _ DAY________THIS _MINNESOTA, ROCHESTER, OFTHE COMMON COUNCIL OF THE CITY ADOPTED BYPASSED AND der to obtain the grant assistance requested.orto execute these agreements and all other documents, certifications, and contracts in BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed share necessary for expenses that exceed funds available from the State.BE IT FURTHER RESOLVED that the City agrees to provide 100 percent regular route transit. al capital costs for the CY 2023percent of the total operating cost and 20% of the totBE IT FURTHER RESOLVED that City agree to provide a local share of up to 20% fixed route transit. Rochester, Minnesota for CY 2023transportation service in Rochester enter into an agreement with the State of Minnesota to provide public BE IT RESOLVED by the Common Council of the City of Rochester that the City of Funding.ute opproving 2023 State Fixed RA M 224 draobhsaD?ytilibatnuoccA?s'tnemtrapeD?eciloP?eht?no?decalp?saw?tupni?rof?noitativni?dna?eciton?cilbup?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.emirc?tneverp?dna?,ytinummoceht?egagne? ,tsurt?cilbup?retsof?hcihw?smargorp?tnemelpmi?ot?eunitnoc?dluohs?tnemtrapeD?eciloP?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?se itiroirP????.deriuqer?si?ytnuoC?detsmlO?htiw)UOM(?gnidnatsrednU?fo?mudnaromeM?a?,sraey?tsap?ni?sA?.tnarg?eht?rof?deriuqer?hctam?lacol?on?si?erehT??.tnemeerga?sraey?tsal?ot?ralimis?si?tnemeerga?sihT?. tnargeht?rof?tnega?lacsif?eht?eb?lliw?ytiC?ehT?.smargorp?noitneverp?emirc?dna?,gnidliub?tsurt?,tnemegagneytinummoc?rof?redniamer?eht?esu?ot?snalp?tnemtrapeD?eciloP?ehT?.smargorp?noitneverp?emirc?rof? desueb?ot?eciffO?s'ffirehS?ytnuoC?detsmlO?eht?ot?006,6$?fo?drawa-bus?a?ekam?ot?deerga?dna?detaroballocevah?tnemtrapeD?eciloP?retsehcoR?eht?dna?eciffO?s'ffirehS?ytnuoC?detsmlO?ehT?.srentrap?sa?krowlli w?dna?noitcidsiruj?etarapsid?a?ni?eb?ot?deredisnoc?era?ew?,revewoh?,noitacolla?tcerid?a?rof?elbigile?tonsi?ytnuoC?detsmlO??.raey?tsal?morf?991,3$?fo?esaercni?na?si?hcihw?832,33$?detacolla?neeb?sah?yt iC?ehtraey?sihT?.margorp?tnarg?eht?fo?esoprup?eht?rof?rentrap?ytnuoC?detsmlO?dna?ytiC?eht?seriuqer?tnarg?ehT??.evil?dna?krow?ot?secalp?retteb?dna?refas?emocebseitinummoc?pleh?ot?tnaem?si?margorp?tnar g?ehT?.htaed?sih?fo?emit?eht?ta?dlo?sraey?22?ylno?saw?eH.ssentiw?gnitarepooc?a?fo?emoh?eht?gnidraug?,rac?ecilop?dekram?a?ni?lortap?no?tas?eh?sa?ytiC?kroY?weNni?gnag?gurd?tneloiv?a?yb?oga?sedaced?owt? revo?detanissassa?saw?enryB?reciffO?.enryB?drawdE?reciffODPYN?fo?ecifircas?eht?ronoh?ot?deman?saw?)GAJ(?tnarG?ecnatsissA?ecitsuJ?lairomeM?enryB?drawdE?ehT:evitarraN?tropeR.smargorp?tnemegagne?ytinumm oc?dna?,gnidliub?tsurt?,noitneverp?emirc?rof2202?raeY?lacsiF?rof?tnarG?enryB?a?fo?ecnatpecca?dna?noitacilppa?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???01.F?tnarG?ecnatsissA?ecitsuJ?lairo meM?enryB?2202 NOITCA?ROF?TSEUQER kruT?niatpaC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeDeciloP?retsehcoR:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE p 225?ÂtnarG?ecnatsissA?ecitsuJ?lairomeM?enryB?2202?-?noituloseR?ÂtnarG?ecnatsissA?ecitsuJ?lairomeM?enryB?2202?-?gnidnatsrednU?fo?mudnaromeM?ÂtnarG?ecnatsissA?ecitsuJ?lairomeM?enryB?2202?-?noitacilpp A:stnemhcattA notyalC?haraS:yB?deraperP?.dednemmocer?era?snoitca?etanretla?oN:)s(noitcA?evitanretlA?.seitivitca?dna?smargorp?noitneverpemirc?dna?tnemegagne?ytinummoc?s'tnemtraped?eht?fo?noitarepo?eht ?ot?etubirtnoc?lliw?tnarg?laredef?ehT:tcapmI?ecruoseR?&?lacsiF??.ega OMB No. 1121-0329 226 O-BJA-2022-171368 Page 1 of 23 Other Special district governments, Other City or township governments, County governments, Native American tribal governments (Federally recognized), Eligible Applicants: 48 AM 10/1/21 12:00 $83,437,803.00 580 more amounts of $25,000 or with eligible allocation Category 2 - Applicants C-BJA-2022-00155-PROD 24 AM 10/1/21 12:00 $9,450,338.00 618 $25,000 amounts of less than with eligible allocation Category 1 - Applicants C-BJA-2022-00154-PROD (Months) Duration Performance Start Date Performance Award Dollar Amount for Awards Number of * Category Competition ID Solicitation Categories . OJP Grant Application Resource Guidesection of the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provisions in the “Financial Information” This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the Guide, the applicant is to follow the guidelines in this solicitation as to that provision. If this solicitation expressly modifies any provision in the OJP Grant Application Resource funding. Application Resource Guide provides guidance to applicants to prepare and submit applications to OJP for by reference. The OJP Grant OJP Grant Application Resource GuideThis solicitation incorporates the crime and violence and to improve the administration of the criminal justice system. program furthers the DOJ’s mission by assisting local and tribal law criminal justice efforts to prevent or reduce seeks applications for funding for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This (BJA) Bureau of Justice Assistance (OJP), Office of Justice Programs(DOJ), U.S. Department of Justice The Overview August 08, 2022 8:59 PM Application JustGrants Deadline: August 03, 2022 8:59 PM Grants.gov Deadline: June 22, 2022 2:00 PM Solicitation Release Date: O-BJA-2022-171368 Grants.gov Opportunity Number: 16.738 Assistance Listing Number # Solicitation Local —BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Program Bureau of Justice Assistance Office of Justice Programs U.S. Department of Justice Approval Expires 12/31/2023 By law, for purposes of the JAG Program, the term “units of local government” includes a town, township, village, 227 O-BJA-2022-171368 Page 2 of 23 for more information, resources, and training. JustGrants website and the Grant Application Resource GuideOJP the JustGrants application deadline. OJP encourages applicants to review the “How to Apply” section in the . To be considered timely, the full application must be submitted in JustGrants by https://justicegrants.usdoj.gov/ including attachments, in JustGrants at full application, The applicant must then submit the :Step 2that its System for Award Management (SAM) registration is current. To register in Grants.gov, the applicant will need to ensure .https://www.grants.gov/web/grants/regis ter.htmlat standard form (SF)-424 and a Disclosure of Lobbying Activities (SF-LLL) form when they register in Grants.gov The applicant must submit by the Grants.gov deadline the required Application for Federal Assistance :Step 1Applications will be submitted to DOJ in two steps: Submission Information the solicitation close date. Response Center hours of operation are 10 a.m. to 6 p.m. eastern time Monday–Friday, and 10 a.m. to 8 p.m. on . The OJP grants@ncjrs.gov800-851-3420 or TTY: 301-240-6310 (hearing impaired only), or by email at For assistance with any other requirements of this solicitation, contact the OJP Response Center by telephone at federal holidays. Service Desk operates 5 a.m. to 9 p.m. eastern time Monday–Friday and 9 a.m. to 5 p.m. Saturday, Sunday, and . The JustGrants JustGrants.Support@usdoj.govcontact the JustGrants Service Desk at 833-872-5175 or in DOJ’s Justice Grants System (JustGrants), full applicationFor technical assistance with submitting the Hotline operates 24 hours a day, 7 days a week, except on federal holidays. The Grants.gov Support . support@grants.gov or Grants.gov customer support,at 800-518-4726, 606-545-5035, Disclosure of Lobbying Activities form (SF-LLL) in Grants.gov, contact the Grants.gov Customer Support Hotline For technical assistance with submitting the Application for Federal Assistance standard form (SF)-424 and a Contact Information All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. $25,000 or more will apply to Category 2. amounts of less than $25,000 will apply to Category 1, and applicants with eligible allocation amounts of Applicants with eligible allocation “Units of Local Government” requirements section for more information. . See the allocation determination and JAG web pageEligible allocations under JAG are posted annually on the . https://bja.ojp.gov/program/jag/fy-2022-allocationsThe eligible allocations by state for the fiscal year (FY) 2022 JAG Program can be found at: impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff. enforcement district established under applicable state law with authority to independently establish a budget and Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial recognized American Indian tribal government that performs law enforcement functions (as determined by the parish, city, county, borough, or other general-purpose political subdivision of a state; or it may be a federally Contents 228 O-BJA-2022-171368 20 Information Technology (IT) Security Clauses 20 20 20 Administrative, National Policy, and Other Legal Requirements 20 Federal Award Notices 20 Federal Award Administration Information 19 Review Process 19 Application Review Information 19 Submission Dates and Time 18 18 Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) 18 Matters; and Drug-Free Workplace Requirements DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility 18 Applicant Disclosure of Duplication in Cost Items 18 DOJ Certified Standard Assurances 18 Disclosure of Lobbying Activities 18 Disclosures and Assurances 18 Certifications and Assurances by the Chief Executive of the Applicant Government 17 Research and Evaluation Independence and Integrity Statement 17 Additional Application Components 17 Disclosure of Process Related to Executive Compensation 17 Financial Management Questionnaire (including applicant disclosure of high-risk status) 17 Indirect Cost Rate Agreement (if applicable) 17 Budget Worksheet and Budget Narrative (attachment) 17 Budget and Associated Documentation 16 Proposal Narrative 16 Standard Applicant Information (JustGrants 424 and General Agency Information) 15 Information to Complete the Application for Federal Assistance (SF-424) 15 Application and Submission Information 15 Eligibility Information 15 Costs Associated with Language Assistance (if applicable) 15 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 15 Limitation on Use of Award Funds for Employee Compensation: Waiver 15 Pre-agreement Costs (also known as Pre-award Costs) 15 Cost Sharing or Matching Requirement 14 Budget Information 14 Financial Management and System of Internal Controls 14 Types of Awards 13 General Guidance for Federal Award 13 Federal Award Information 13 Information Regarding Potential Evaluation of Programs and Activities 13 Evidence-Based Programs or Practices 13 Goals, Objectives, Deliverables, and Timeline 5 Specific Information 5 Overview 5 Program Description 2 Contact Information General Information about Post-Federal Award Reporting Requirements 229 O-BJA-2022-171368 Page 4 of 23 21 Application Checklist 21 Provide Feedback to OJP 21 Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) 21 Other Information 21 Federal Awarding Agency Contact(s) 20 Program Description 230 O-BJA-2022-171368 Page 5 of 23 regarding the state’s allocation table: , an applicant should click on its respective state and note the following pageJAG web To verify eligibility on the to the other jurisdictions in the disparate group through subawards that include all appropriate award conditions. participating jurisdiction. Once an award is made, the fiscal agent will be responsible for distributing award funds applicant or fiscal agent for joint funds must be completed and signed by the authorized representative for each municipalities. A memorandum of understanding (MOU) that identifies which jurisdiction will serve as the must select a fiscal agent that will submit a joint application for the allocation to include all disparate . Units of local government identified by BJA as disparate associated municipalities. See According to the JAG Program statute, a “disparity” may exist between the funding eligibility of a county and its . JAG web pageEligible allocations under JAG are posted annually on the Allocation Determination and Units of Local Government Requirements Regarding Use of JAG Funds that is awarded to the state available for a direct award to that particular unit of local government, but instead are added to the amount of local government, as determined on this basis, is less than $10,000, however, the funds are not made OJP (under the JAG Local Solicitation) for a JAG award. If the “eligible award amount” for a particular unit determined on this basis, is $10,000 or more, then the unit of local government is eligible to apply directly to 3-year violent crime average. If the “eligible award amount” for a particular unit of local government, as Determining units of local government award allocations, which are based on their proportion of the state’s 4. state and its units of local governments at rates of 60 and 40 percent, respectively. Dividing each state’s final award amount (except for the territories and the District of Columbia) between the 3. share of violent crime and population. funds. Each of the remaining states receives the minimum award plus an additional amount based on its funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state is Reviewing the initial JAG allocation amount to determine if the state allocation is less than the minimum 2. (weighted equally). Computing an initial JAG allocation for each state, based on its share of violent crime and population 1. begin a four-step grant award calculation process, which, in general, consists of: fiscal year’s overall JAG Program funding level is determined, BJA works with the Bureau of Justice Statistics to . Once each JAG Technical ReportJAG awards are based on a statutory formula that is fully described within the Statutory Formula Specific Information 530C(a). ), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 10151-10726U.S.C.34 The JAG Program is authorized by Title I of Pub. L. No. 90-351 (generally codified at Statutory Authority: . Questions (FAQs)JAG Frequently Asked and/or JAG Fact Sheet For more information on the JAG Program, please refer to the local government as described in this FY 2022 JAG Program Local Solicitation. justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal community. protects the public from crime and evolving threats, and builds trust between law enforcement and the supports crime victims and individuals impacted by the justice system, strengthens community safety and OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, Overview 1. O-BJA-2022-171368 Page 6 of 23 prosecute hate crime cases; increase collaboration between federal, state, local, tribal, and territorial prosecutors to prevent and address hate crimes through education, training, and tools to investigate and awareness and expand/enhance the reporting of hate crimes; enhance the capacity of law enforcement and prioritize efforts to identify, investigate, report, and prevent hate crimes and hate incidents; increase public and respond to hate crimes and bias-motivated attacks. BJA encourages JAG recipients to utilize funding to , JAG funds may be used to prevent 2022, DOJ Associate Attorney General Gupta Letter to SAA DirectorsJanuary 26, and the Acting Director Mahoney Letter to JAG State Administering Agency (SAA) DirectorsJune 21, 2021, BJA national origin, sexual orientation, gender, gender identity, or disability. As noted in the motivated by some form of bias toward victims on the basis of their perceived or actual race, color, religion, : Hate crimes (sometimes called bias-motivated crimes) are criminal offenses Combatting Hate Crimeareas of emphasis can be found below: funds to join federal law enforcement agencies in addressing these challenges. Additional details on the BJA Sustaining Innovations, and Crime Analysis and Investigation. BJA encourages each recipient of FY 2022 JAG Crime, Community Violence Intervention (CVI), Addressing COVID-19 Criminal Justice Challenges and Hate Crime, Promoting Public Trust between Communities and Criminal Justice Agencies, Reducing Violent cooperation among federal, state, and local law enforcement. Key areas of priority for BJA include: Combatting and an important, cost-effective way to relieve those pressures is to share or leverage resources through BJA recognizes that many state and local criminal justice systems currently face challenging fiscal environments BJA Areas of Emphasis prevention, control, or reduction of narcotic addiction and juvenile delinquency.” assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies, and or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime Note that the statute defines “criminal justice” as “activities pertaining to crime prevention, control, or reduction, or programs and crisis intervention teams health programs and related law enforcement and corrections programs, including behavioral Mental victim and witness programs (other than compensation) Crime evaluation, and technology improvement programs Planning, treatment and enforcement programs Drug and community corrections programs Corrections and education programs Prevention and court programs Prosecution enforcement programs Lawand information systems for criminal justice, including for any one or more of the following program areas: additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, In general, JAG funds awarded to a unit of local government under the FY 2022 program may be used to hire Statutory Program Areas MOU. individual amounts within the Eligible Joint Allocation and documenting individual allocations in the are provided for information only. Jurisdictions in a funding disparity are responsible for determining Please note that disparate jurisdictions do not need to abide by the listed individual allocations, which Direct allocations are listed alphabetically below the shaded disparate groupings. 3. funds and must be a signatory on the required MOU. area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving crime data to qualify for a direct award from BJA but are in the disparate grouping indicated by the shaded Counties that have an asterisk (*) under the “Direct Allocation" column did not submit the level of violent 2. behalf of the disparate group. government identified as disparate must select one unit of local government to submit an application on Disparate units of local government are listed in shaded groups, in alphabetic order by county. Units of local (SLTT) law enforcement and prosecution agencies in their investigation and prosecution of hate crimes; 232 O-BJA-2022-171368 Page 7 of 23 Marshals Service, and the Department of Homeland Security (DHS); and form partnerships with federal, Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the United States Neighborhoods grantees in order to leverage funding for violence reduction projects, and coordinate their through the use of data and analytics; coordinate with United States Attorneys and Project Safe Recognizing that violent crime and the drivers of that crime vary from community to community, BJA successfully reenter their communities. other services and supports for teenagers and young adults; and helping formerly incarcerated individuals based community violence interventions; expanding summer programming, employment opportunities, and to stem the flow of firearms used to commit violence Respond to Gun Crime and Ensure Public SafetyComprehensive Strategy to Prevent and In June of 2021, the Biden-Harris Administration announced a country. unprecedented increase in threats of violence against Americans who administer the election process in our officer deaths since 1930 when there were 312 fatalities. In addition, the past year has seen an of 55 percent from the 295 officers killed during the same period in 2020 and is the highest total line-of-duty federal, state, tribal, and local law enforcement officers died in the line of duty in 2021. This is an increase indicates that as of December 31, 2021, 458 National Law Enforcement Officers Memorial Fund (NLEOMF)preliminary data compiled by the had already seen a 44 percent increase in homicides over 2019. Also, , incidents of homicide increased 5 percent over 2020, which Council on Criminal Justiceconducted by the suggest that certain types of violent crime increased in many areas. According to an analysis of 27 cities publications for 2020 and 2021 are not yet available, there are other indicators to Crime in the United States (UCR) Uniform Crime Report: Although the Federal Bureau of Investigation (FBI) Reducing Violent Crime. Sixth Amendmentprograms and building capacity and tools to protect constitutional rights under the community courts confidence in prosecutorial, defense, and court practices such as neighborhood-focused encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to increase trust and misconduct, and prohibiting sexual contact between police and persons in their custody. BJA also drug cases, eliminating contractual arrangements that prevent investigations of law enforcement profiling and implicit bias, eliminating excessive force and chokeholds, eliminating “no-knock” warrants in accountability necessary to build public trust. The practices include, but are not limited to: eliminating racial community organizations and advance constitutional policing practices that create the transparency and encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to partner police and policing practices that promote the accountability necessary to build that public trust.” As such, BJA communities and policing safer. The department will continue to fulfill its duty to ensure the constitutional stated, “…promoting public trust between communities and law enforcement is essential to making both , Attorney General Garland remarks to the U.S. Conference of Mayorsprotected. In his January 21, 2022, courts, prosecutors, defense counsel, and corrections; reduce crime; and ensure that the rights of all are community members and leaders in order to elevate public confidence and trust in law enforcement, the they serve. Criminal justice agencies must work together to renew and strengthen relationships with address crime and collaborate with the public depends on having trust and legitimacy with the communities recent high profile incidences of excessive uses of force have contributed to strained relationships and a : For many communities, Promoting Public Trust between Communities and Criminal Justice Agencies. Crime | Bureau of Justice Assistance (ojp.gov)Hate programs, can be found at Matthew Shepard and James Byrd, Jr. Hate Crimes and Investigations Emmett Till Cold Case services. More information on BJA’s hate crimes portfolio, including the crime reporting hotlines that direct individuals to law enforcement, if appropriate; and fund victim support crimes in their entries in the National Incident-Based Reporting System (NIBRS); create state-run hate assist SLTT law enforcement with training in identifying and classifying hate crimes and update these crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from 233 O-BJA-2022-171368 Page 8 of 23 equipment to retrofit court houses and staff to mitigate risks to staff and those coming to court. In addition to diversion and alternatives to incarceration as part of the review of backlogged cases; and technology and management system to assess and work to eliminate the backlog of cases; building tools to support and enhancing access to services; resources to assist the jurisdiction to develop or enhance its case conduct outreach to witnesses and defendants, as well as for hearings and status conferences, staffing, backlog of cases. This could include the purchase of technology to enhance the use of virtual tools to recipients to utilize funds for continued innovation sustainment activities and to continue to address the improved both the efficiency and effectiveness of justice system operations, and BJA encourages JAG outdoor events like drug court graduations. It is important for SLTT agencies to sustain innovations that confidentiality of defense counsel with clients, as well as partnerships with community partners to host addition, resources have supported the purchase of technology like headsets and Wi-Fi hotspots to ensure the use of virtual staffing, status hearings, client visits, and access to treatment and support services. In community engagement events and opportunities, and courts and community corrections have increased family visits, as well as efforts to reduce incarcerated populations. Police departments have hosted virtual example, correctional facilities have enabled virtual programming, education, medical appointments, and innovations had an up-front cost, they hold significant potential to be cost saving and efficient over time. For mitigation policies, SLTT agencies created innovative ways to administer justice. While many of these witnesses, as well as defendants. To address backlogs and other consequences of the necessary This created a backlog of cases, which impacted criminal court operations and court staff, victims, and court deadlines and waivers of speedy trials, restricting access to court buildings, and postponing jury trials. scale back proceedings, which commonly included suspending in-person hearings, granting extensions of prevent and reduce the spread of COVID-19. Courts at every level were forced to cancel or significantly COVID-19 pandemic, SLTT criminal justice agencies implemented various community mitigation policies to : As a result of the Addressing COVID-19 Criminal Justice Challenges and Sustaining Innovations. websiteNTTAC looking to implement those strategies can request training and technical assistance (TTA) on the , and jurisdictions BJA’s National Training and Technical Assistance Center (NTTAC) websitehighlighted on organizations to support CVI work in communities most impacted by violent crime. CVI strategies will be responses to CVI in an effort to build strong, sustained partnerships with community residents and . BJA encourages JAG recipients to invest JAG funds to tailor programs and violence-intervention/overview-https://bja.ojp.gov/program/communityvisit employment access, housing advocacy, and family supports. hospital, and then wraparound services are typically deployed such as behavioral health supports, gun violence, as well as the historical and structural challenges that often contribute to community violence. economic conditions that drive violence. CVI strategies typically focus on high risk individuals and gang and deliver services that save lives, address trauma, provide opportunity, and improve the physical, social, and cycles of violence and retaliation and establish relationships between individuals and community assets to centered initiatives. These multidisciplinary strategies engage individuals and groups to prevent and disrupt an approach that uses evidence-informed strategies to reduce violence through tailored, community- efforts to combat the gun violence epidemic. CVI is investments in community violence intervention (CVI)Biden-Harris Administration announced historic the : In April 2021, Community Violence Interventionsthreats of this kind. with the electoral process. BJA encourages JAG recipients to utilize funds to prevent and respond to violent protect against threats of violence against election workers, administrators, officials, and others associated threats. BJA also sent a letter to SAA Directors clarifying that JAG funds can be used to deter, detect, and to address the rise in such letter to SAA Directors to address the rise in such threats. BJA also sent a task force In addition, in June 2021, DOJ issued guidance regarding threats against election workers and a illegal transfers of firearms to those who are prohibited from owning firearms under current law. the submission of all necessary records to the FBI databases in a timely fashion, thereby helping to prevent accurate, and timely access to the FBI’s National Instant Criminal Background Check System (NICS) and purchasing firearms (see e.g.,18 U.S.C. § 922(g)) are deterred from doing so by enhancing complete, or in conjunction with support for technology, BJA encourages SLTT agencies to address backlogs by 234 O-BJA-2022-171368 Page 9 of 23 (JAG) Program May Be Used (ojp.gov). Purposes for Which Funds Awarded under the Edward Byrne Memorial Justice Assistance Grants here: JAG funds awarded under this FY 2022 solicitation may be used for any purpose indicated Additionally, gunfire detection technology. Purchasesubject without requiring the infliction of pain. humane remote restraint devices that enable law enforcement to restrain an uncooperative Purchase virtual reality de-escalation training. Supportworkforce. efforts to attract and retain an all-inclusive, diverse, expert, and accountable law enforcement Support efforts to seal and expunge criminal history information in accordance with state laws and policies. Support drug-detection canines to combat the rise in drug trafficking, including that of methamphetamines. Purchasefor law enforcement safety, as well as opioid reversal agents. fentanyl and methamphetamine detection equipment, including handheld instruments and training Purchasesystems and other mitigation technologies (as permitted by applicable law). projects related to preventing, detecting, seizing, and/or stopping the presence and use of Supportcompensation). rehabilitation of persons who violate these laws and assist the victims of such crimes (other than information systems for the more widespread apprehension, prosecution, adjudication, detention, and serious offenses, by providing additional personnel, equipment, training, technical assistance, and seq. and/or improve the functioning of the criminal justice system, with emphasis on violent crime and state and local laws that establish offenses similar to offenses established in 21 U.S.C. § 801 et EnforceJAG funds awarded under this FY 2022 solicitation may be used to: Additional Uses of JAG Funds duration of the project period. justice system; and how the recipient will safeguard privacy, civil rights, and civil liberties throughout the its use to ensure that it contributes to positive outcomes for public safety, the community and/or the criminal carefully implemented through training of personnel and the setting and enforcement of policies governing should ensure those projects address the tenants of digital trust to include: how the technology will be intelligence, predictive analytics, and other data-driven solutions (“Technological enhancements”) directly emergency dispatch personnel. Recipients utilizing grant funds to support technological devices, artificial cybercrime analysts and investigators, as well as cybercrime training for state or local law enforcement and BJA encourages JAG recipients to utilize funds to support crime analysis efforts, including the hiring of private and public organizations mitigate their ransomware risk. This is a collaborative effort across the federal government and is the first joint website created to help . StopRansomware.govlaunched a centralized repository of resources for organizations and individuals at organizations globally.” To combat this growing threat, DOJ, DHS, and other federal partners have ), “ransomware tactics and techniques continued to evolve in 2021, which demonstrates (AA22-040AAlert sectors, and even individuals. According to Cybersecurity and Infrastructure Security Agency (CISA) This past year, ransomware has emerged as an international challenge affecting public sectors, private through the use of relevant metrics, information, and analytical practices. the techniques they use, are dedicated to helping law enforcement agencies become more effective analysis is both a profession and a set of techniques.” The professionals who perform crime analysis, and , “Crime International Association of Crime Analysts (IACA)protecting the rights of civilians. According to the capabilities are better able to focus their limited resources in ways that directly improve public safety while investigations have become increasingly vital. Law enforcement agencies that have robust analysis : With the recent increases in violent crime, crime analysis and Crime Analysis and Investigationdefendants through the legal process. and courts pretrial, as well as the implementation of legal and nonlegal navigators to guide and support instituting triage and other case-processing improvements, including diversion practices, by prosecutors Limitations on the Use of JAG Funds 235 O-BJA-2022-171368 Page 10 of 23 . Please note that this certification takes the place of the review narrative attachment and contains (ojp.gov)FY 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government Chief Executive of the Applicant Government.” The most up-to-date version of this certification can be found at: mayor) properly executes, and the unit of local government submits, the “Certifications and Assurances by the may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the — A JAG application is not complete, and a unit of local government day governing body review requirement)-Certifications and Assurances by the Chief Executive of the Applicant Government (which incorporates the 30funds. For additional information, see 2 C.F.R. § 200.305. subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit the must be in an interest-bearing account, unless one of the exceptions in 2 C.F.R. § 200.305(b)(8) apply. If basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund — Units of local government may draw down JAG funds either in advance or on a reimbursement Trust FundA unit of local government that applies for and receives an FY 2022 JAG award must note the following: Other Program Requirements (UAV), and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. Note: The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles JAG funds for prohibited item(s). for details on how to request prior approval (a waiver) from BJA to utilize JAG FAQsPlease refer to the JAG Prohibited and Controlled Expenditures Guidance. expenditure list” at: course, to the extent otherwise allowable under the award. For more information, please see the “prohibited “police cruisers” are not prohibited under JAG, and therefore may be acquired with JAG funds in the ordinary for routine police patrol within the United States. Vehicles (including motorcycles, SUVs, and ATVs) used as certification. For purposes of JAG, a vehicle is considered a “police cruiser” only if it is used in the ordinary course *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA similar matters Any projects (other than penal or correctional institutions) Construction estate Real items Luxury vessels, or aircraft* Vehicles,use of such funds to provide such matters essential to the maintenance of public safety and good order: safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public under this part may NOT be used, directly or indirectly, to provide any of the following: (1) Any security ),specifically identifies a list of prohibited items. JAG funds provided 34 U.S.C. § 10152(dThe JAG statute, at Prohibited Expenditures and Associated Procedures under JAG federal awards. Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for other Matching Funds supplanting. Although supplanting is prohibited, the leveraging of federal funding is encouraged. for examples of JAG FAQsfunds that would, in the absence of federal funds, be made available. See the JAG funds may not be used to supplant state or local funds, but must be used to increase the amounts of such Supplanting associated with administering the award, which can include indirect costs. Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs Administrative Costs assurances that the governing body notification and public comment requirements, which are required under the 236 O-BJA-2022-171368 Page 11 of 23 submit the signed certification to OJP at that time. activities to utilize funds for the purchase body armor after the award is accepted, the award recipient must required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project JAG award recipient that proposes to use funds for the purchase of body armor will have funds withheld until the .Note: A Justice Assistance Grant (JAG) Program — Body Armor Mandatory Wear Policy Certification (ojp.gov) The certification form related to mandatory wear can be found at: 34 U.S.C. § 10202(c)).ee (spolicy in effect* with a certification(s) that each law enforcement agency receiving body armor has a written “mandatory wear” A JAG award recipient that proposes to use FY 2022 award funds to purchase body armor must provide OJP is excerpted from ASTM E3003. Personal Armor Fit Assessment ChecklistThe ) at no cost. Active Standard ASTM E3003(Practice for Body Armor Wearer Measurement and Fitting of Armor safety, the American Society for Testing and Materials (ASTM) International has made available the Standard manufactured based on the measurements of an individual wearer. In support of OJP’s efforts to improve officer requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Note that the through a combination of: (1) correctly sized panels and carrier determined through appropriate measurement, Finally, body armor purchased with JAG funds must be “uniquely fitted vests,” which means protective (ballistic or made in the United States. ). In addition, body armor purchased must be https://cjtec.org/compliance-testing-program/compliant-product-lists/been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards ( from any distributor or manufacturer, as long as the following requirements are met: The body armor must have — Body armor purchased with JAG funds may be purchased at any threat level, make, or model Body Armorrequired by the BWC Program. recipients that are also BWC award recipients may not use JAG funds for any part of the 50 percent match JAG award recipients may wish to refer to the BWC Program web page for more information. JAG award maintenance of camera systems and equipment; data storage and access; and privacy considerations. Interested effective program adoption; and to address program factors including the purchase, deployment, and (BWCPIP). BWCPIP allows jurisdictions to develop and implement policies and practices required for Program Body-worn Camera Policy and Implementation Apart from the JAG Program, BJA provides funds under the policies and best practices to assist criminal justice departments in implementing BWC programs. provides model BWC BJA BWC Toolkit JAG award recipient and made available to OJP upon request. The completed BWC certification from the proposed subrecipient. Any such certifications must be maintained by the Further, before making any subaward for BWC-related expenses, the JAG award recipient must collect a must submit the signed certification to OJP at that time. activities to utilize JAG funds for BWC-related expenses after the award is accepted, the JAG award recipient required certification is submitted and approved by OJP. If the JAG award recipient proposes to change project A JAG award recipient that proposes to use funds for BWC-related expenses will have funds withheld until the . (JAG) Program — Body-worn Camera (BWC) Policy Certification (ojp.gov)Edward Byrne Memorial Justice Assistance Grant related to BWC policies and procedures can be found at: BWC equipment usage, data storage and access, privacy considerations, and training. The certification form recipient receiving the equipment or implementing the program has policies and procedures in place related to equipment or implement or enhance BWC programs must provide to OJP a certification(s) that each direct — A JAG award recipient that proposes to use FY 2022 funds to purchase BWC Body-worn Cameras (BWCs)these certifications and assurances, properly executed by its respective chief executive (e.g., the mayor). will not be able to access award funds (and its award will include a condition that withholds funds) until it submits OJP will not deny an application for an FY 2022 award for failure to submit these “Certifications and Assurances JAG statute (at 34 U.S.C. § 10153(a)(2)), have been satisfied. Further, before making any subaward for the purchase of body armor, the JAG award recipient must collect a 237 O-BJA-2022-171368 Page 12 of 23 in the United States (18 U.S.C. § 922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant determinations, including any dispositions or records that involve any noncitizen or migrant who is undocumented assistance under JAG that is likely to generate court dispositions or other records relevant to NICS condition will be imposed that would require the following: Any program or activity that receives federal financial — As appropriate and to the extent consistent with law, a special Entry of Records into State Repositories. JAG FAQsJAG, please refer to the . For more information about DNA testing as it pertains to https://www.justice.gov/olp/page/file/1204386/downloadPolicy Forensic Genealogical DNA Analysis and Searching available at Additionally, award recipients utilizing JAG funds for forensic genealogy testing must adhere to the DOJ Interim nongovernmental DNA database without prior written approval from BJA (exceptions include forensic genealogy). lab with access to CODIS. No profiles generated with JAG funding may be entered into any other Combined DNA Index System (CODIS), the national DNA database operated by the FBI, by a government DNA be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the — If JAG Program funds are to DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Databasequarterly performance measurement reporting. communications equipment purchased with FY 2022 JAG Program funding should be identified during the for more information. All ecd@cisa.dhs.gov maintains a list of SWICs for each state and territory. Contact implementation of SCIP through coordination and collaboration with the emergency response community. CISA the SWIC plays a critical role and can serve as a valuable resource. SWICs are responsible for the coordinator (SWIC) in the state of the project. As the central coordination point for a state’s interoperability effort, Communication Interoperability Plan (SCIP) and be coordinated with the full-time statewide interoperability Additionally, emergency communications projects funded with FY 2022 JAG funds should support the Statewide . https://www.cisa.gov/safecom/fundingrecent version of the SAFECOM Guidance is available at partners. SAFECOM Guidance is applicable to all federal grants funding emergency communications. The most document every year in close coordination with federal, state, local, tribal, and territorial stakeholders and Administration, Office of Management and Budget, and federal grant program offices. CISA updates the SAFECOM Guidance is recognized as the primary guidance on emergency communications grants by the to help grant recipients comply with technical standards and grant requirement Resources practices, policies, and technical standards that help to improve interoperability. Best communications activities that can be funded through federal grants. Emergency for planning, coordinating, and implementing projects. Recommendationscommunications programs. Specifically, the SAFECOM Guidance provides guidance to applicants on: activities, technical standards, and other terms and conditions that are common to most federal emergency for federal financial assistance for emergency communications projects. It provides general information on eligible enhance interoperable communications. The SAFECOM Guidance is an essential resource for entities applying Communication Grants (SAFECOM Guidance), including provisions on technical standards that ensure and JAG funds for emergency communications activities should comply with the SAFECOM Guidance for Emergency — Units of local government (including any subrecipients) that are using FY 2022 Interoperable Communications. JAG FAQsFAQs related to the mandatory wear policy and certifications can be found in the or toll free at 1–877–758–3787. Additional information and vests@usdoj.govCenter, which can be contacted at *A mandatory wear concept and issues paper and a model policy are available from the BVP Customer Support be used as any part of the 50 percent match required by the BVP Program. . JAG award recipients should note, however, that funds may not BVP web pagerefer to the and an application, ballistic-resistant and stab-resistant body armor. For more information on the BVP Program, including eligibility Program. The BVP Program provides funding to state and local law enforcement agencies for the purchase of Apart from the JAG Program, BJA provides funds under the Patrick Leahy Bulletproof Vest Partnership (BVP) maintained by the JAG award recipient and made available to OJP upon request. completed mandatory wear certification from the proposed subrecipient. Any such certifications must be dispositions or records are made available in a timely fashion. 238 O-BJA-2022-171368 Page 13 of 23 Maximum dollar amount for each award: $4,283,151 Total number of awards BJA expects to make:1198 General Guidance for Federal Award Federal Award Information Potential Evaluation of Programs and Activities.” section entitled “Information Regarding OJP Grant Application Resource Guideadditional information, see the OJP may conduct or support an evaluation of the programs and activities funded under this solicitation. For Information Regarding Potential Evaluation of Programs and Activities . OJP Grant Application Resource Guideprograms or practices, see the justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based OJP strongly encourages the use of data and evidence in policymaking and program development for criminal Evidence-Based Programs or Practices completed work’s results, as discussed in the “Application and Submission Information” section. The Goals, Objectives, and Deliverables are directly related to the performance measures that show the JustGrants. reports including quarterly financial reports, quarterly performance reports, and semi-annual progress reports in A unit of local government that receives an FY 2022 JAG award will be required to produce various types of Deliverables . https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/jag-pmt-accountability-measures.pdfThe objectives are directly related to the JAG Program accountability measures described at Objectives justice. equipment, supplies, contractual support, training, technical assistance, and information systems for criminal In general, the FY 2022 JAG Program is designed to provide units of local government with additional personnel, Goals Goals, Objectives, Deliverables, and Timeline . NIBRS — FBICriminal Justice Information Services team, can be found at affected in future fiscal years. More information about NIBRS, including toolkits and updates from the FBI encouraged to continue working toward and/or maintaining NIBRS compliance to ensure that JAG eligibility is not ; however, JAG recipients are A NIBRS set-aside is NOT required for FY 2022 awardstransitioned to NIBRS. compliance and ensure they continued to have critical criminal justice funding available through JAG when SRS the FBI’s NIBRS data submission requirement to both encourage and assist jurisdictions in working toward that are not NIBRS compliant to dedicate 3 percent of their JAG award toward coming into full compliance with FBI’s 2021 NIBRS compliance deadline, BJA imposed an administrative requirement for JAG award recipients is located to the Federal Bureau of Investigation for such years” (34 U.S.C. 10156(d)(2)(A). In preparation for the bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available (B)). Further, the local allocations rely on the ”average annual number of part 1 violent crimes reported by such state to the average annual number of such crimes reported by all states for such years” (34 U.S.C. 10156(a)(1) violent crimes of the UCR of the FBI reported by such state for the three most recent years reported by such program. Specifically, the formula allocations for JAG rely heavily on the ratio of “the average number of part 1 2021. By statute, BJA JAG awards are calculated using summary part 1 violent crime data from the FBI’s UCR sunset the UCR program’s traditional Summary Reporting System (SRS) and replace it with NIBRS by January 1, — In FY 2016, the FBI formally announced its intention to National Incident-based Reporting System (NIBRS) Total amount to be awarded under solicitation: $92,888,141 239 O-BJA-2022-171368 Page 14 of 23 . OJP Grant Application Resource Guidesection of the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provision in the “Financial Information” by not incorporating the OJP Grant Application Resource GuideThis solicitation expressly modifies the Budget Information for additional information. OJP Grant Application Resource Guidefinancial and program management. See the described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.303, comply with standards for Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as Financial Management and System of Internal Controls statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. for a brief discussion of important OJP Grant Application Resource GuideLegal Requirements” section of the BJA expects to make awards under this solicitation as grants. See the “Administrative, National Policy, and Other Types of Awards 48 AM 10/1/21 12:00 $83,437,803.00 580 more amounts of $25,000 or with eligible allocation Category 2 - Applicants C-BJA-2022-00155-PROD 24 AM 10/1/21 12:00 $9,450,338.00 618 $25,000 amounts of less than with eligible allocation Category 1 - Applicants C-BJA-2022-00154-PROD (Months) Duration Performance Start Date Performance Award Dollar Amount for Awards Number of * Category Competition ID Solicitation Categories . Fiscal Year (FY) 2022 Local Edward Byrne entities; its officers, employees, or agents; or any other person. procedural, enforceable at law or in equity by any party against the United States; its departments, agencies, or addition, nothing in this solicitation is intended to, and does not, create any right or benefit, substantive or funds and to any modifications or additional requirements that may be imposed by the agency or by law. In This solicitation and awards (if any are made) under this solicitation are subject to the availability of appropriated Availability of Funds requested via JustGrants no fewer than 30 days prior to the project period end date Extensions beyond this period may be made on a case-by-case basis at the discretion of BJA and must be includes direct and joint (disparate) allocations. Category 2 awards of at least $25,000 are 4 years in length. JAG web page as eligible for an allocation amount of $25,000 or more should apply under Category 2. This Category 2 — Eligible Allocation Amounts of $25,000 or More: Units of local government that are listed on the project period end date and will be automatically granted upon request. Extensions of up to 2 years can be requested for these awards via JustGrants no fewer than 30 days prior to the includes direct and joint (disparate) allocations. Category 1 awards of less than $25,000 are 2 years in length. JAG web page as eligible for an allocation amount of less than $25,000 should apply under Category 1. This Category 1 — Eligible Allocation Amounts of Less than $25,000: Units of local government that are listed on the Period of performance duration:24–48 months Period of performance start date: October 1, 2021 General requirement for federal authorization of any subaward; statutory authorization of subawards under the 240 O-BJA-2022-171368 Page 15 of 23 who will In Section 8F of the SF-424, please include the name and contact information of the individual additional information on completing the SF-424. for OJP Grant Application Resource Guideof pre-applications, applications, and related information. See the . It is a required standard form used as a cover sheet for submission Grants.govThe SF-424 must be submitted in Information to Complete the Application for Federal Assistance (SF-424) . nonresponsive to the scope of the solicitationfor information on what happens to an application that does not contain all the specified elements or is OJP Grant Application Resource Guide See the “Application Elements and Formatting Instructions” section of the Application and Submission Information For information on cost sharing or matching requirements, see the “Federal Award Information" section. For eligibility information, see the solicitation cover page. Eligibility Information for information on Costs Associated with Language Assistance. OJP Grant Application Resource GuideSee the Costs Associated with Language Assistance (if applicable) Conference/Meeting/Training Costs. for information on Prior Approval, Planning, and Reporting of OJP Grant Application Resource Guide See the Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs . OJP Grant Application Resource Guidesection of the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provisions in the “Financial Information” This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the Limitation on Use of Award Funds for Employee Compensation: Waiver award Costs). - for information on Pre-agreement Costs (also known as PreOJP Grant Application Resource GuideSee the Pre-agreement Costs (also known as Pre-award Costs) This solicitation does not require a match. Cost Sharing or Matching Requirement and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), Unmanned Aircraft Systems . OJP Grant Application Resource Guideand authorizations, please refer to the subaward section in the ) do not require prior approval. For additional information regarding subawards 10152(a) and 34 U.S.C. § 1015634 U.S.C. § subaward. However, JAG subawards that are required or specifically authorized by statute (see authorizes (or requires) particular subawards, a recipient must have authorization from OJP before it may make a recipient has specific federal authorization to do so. Unless an applicable statute or DOJ regulation specifically Generally, a recipient of an OJP award may not make subawards (“subgrants”) unless the JAG Program statute. complete application materials in JustGrants 241 O-BJA-2022-171368 Page 16 of 23 requirements for this grant program and detail how the applicant will gather the required data should it The application should demonstrate the applicant’s understanding of the performance data reporting overview of performance measurement activities at OJP. for an www.ojp.gov/performanceApplicants should visit OJP’s performance measurement page at results. The performance data directly relate to the objectives previously identified under "Objectives.” require each successful applicant to submit specific performance data that show the completed work’s —OJP will Solicitation’s Performance Measures d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures jurisdiction. which the units of local government participate with other criminal justice entities within the local — Describe any additional strategic planning/ coordination efforts in Capabilities and Competenciesc. coordinated with state and related justice funds. the gaps in the needed resources for criminal justice purposes, and how JAG funds will be the plan. It should identify the stakeholders currently participating in the strategic planning process, the local community is engaged in the planning process and the data and analysis utilized to support process, if any, that guides its priorities and funding strategy. This should include a description of how — Describe the unit of local government’s strategic planning Project Design and Implementationb. progress or challenges, and a description of the programs to be funded over the 4-year grant period. FY 2022 JAG funds, the subgrant award process (if applicable, including disparates) and timeline, any — Identify the unit of local government’s strategy/funding priorities for the Description of the Issuea. The proposal narrative for Category 2 applications should include: Category 2 — Eligible Allocation Amounts of $25,000 or More subawards, if applicable, to be funded with JAG funds over the 2-year grant period. The proposal narrative for Category 1 applications should include a description of the project(s), including Category 1 — Eligible Allocation Amounts of Less than $25,000 should be numbered and submitted as an attachment. double-spaced, using a standard 12-point Times New Roman font, and have no less than 1-inch margins. Pages The proposal narrative should be submitted as an attachment in JustGrants. The attached document should be Proposal Narrative legal name, and address. project; confirm its Authorized Representative; and verify and confirm the organization’s unique entity identifier, make edits as needed. Within this section, the applicant will need to add: zip codes for areas affected by the . The applicant will need to review the Standard Applicant Information in JustGrants and Grants.govsubmitted in The Standard Applicant Information section of the JustGrants application is pre-populated with the SF-424 data Standard Applicant Information (JustGrants 424 and General Agency Information) response that the: “Program is subject to E.O. 12372 but has not been selected by the state for review.” process. An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the appropriate selection in response to question 19 once the applicant has complied with its state E.O. 12372 12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make the E.O.the SPOC list, the applicant must contact its SPOC to find out about, and comply with, the state’s process under . If the applicant’s state appears on https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdfapplic ant may find the names and addresses of state Single Points of Contact (SPOCs) at the following website: . An Executive Order 12372subject to is This solicitation (“funding opportunity”) Intergovernmental Review:the application to this user in JustGrants. to assign (email address). JustGrants will use this information receive funding. 242 O-BJA-2022-171368 Page 17 of 23 If an application proposes research (including research and development) and/or evaluation, the applicant must Research and Evaluation Independence and Integrity Statement The applicant will attach the requested documentation in JustGrants. Additional Application Components required to provide this disclosure. “Disclosure of Process Related to Executive Compensation” provisions. Applicants to this solicitation are not This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating its Disclosure of Process Related to Executive Compensation questionnaire. for additional information and the link to the OJP Grant Application Resource GuideJustGrants. See the The applicant will download the questionnaire, complete it, and submit it by uploading it as an attachment in Financial Management Questionnaire (including applicant disclosure of high-risk status) rate. administrative costs may not exceed 10 percent of the award amount, regardless of the approved indirect cost This rule does not eliminate or alter the JAG-specific restriction in federal law that states charges for for additional information. OJP Grant Application Resource GuideThe applicant will submit its indirect cost rate agreement by uploading it as an attachment in JustGrants. See the Indirect Cost Rate Agreement (if applicable) (if applicable). Please note that the budget narrative should include a full description of all costs, including administrative costs BJA will add the appropriate special condition withholding funds for budget documentation. does not have a budget to submit at the time of application, an attachment must be uploaded noting as such, and successfully submit an application in JustGrants unless an attachment is uploaded in this section. If an applicant The budget narrative and budget worksheet (attachment) are critical elements, and applicants will be unable to for additional information. OJP Grant Application Resource Guide JustGrants. See the The applicant will complete the budget worksheet attachment and submit it by uploading it as an attachment in Budget Worksheet and Budget Narrative (attachment) Budget and Associated Documentation . OJP Grant Application Resource Guidethe guidance in the “Note on Project Evaluations” section in the An applicant that proposes to use award funds through this solicitation to conduct project evaluations must follow Note on Project Evaluations process, if selected for award. recipients) performance report in JustGrants. BJA will provide further guidance on the post-award submission and separately submit an annual (Category 1 recipients) or semi-annual (Category 2 https://bjapmt.ojp.govBJA will require award recipients to submit performance measure data in BJA’s PMT located at of each award’s reporting requirements. information is included as an alert that successful applicants will be required to submit performance data as part Note: Applicants are not required to submit performance data with the application. Rather, performance measure demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may 243 O-BJA-2022-171368 Page 18 of 23 DOJ Application Submission Checklist. and the OJP Grant Application Resource GuideFor additional information, see the “How to Apply” section in the JustGrants.usdoj.gov. including attachments, in JustGrants at full application,Step 2: The applicant must then submit the https://www.grants.gov/web/grants/register.html. in Grants.gov at SF-LLL and an SF-424Step 1: The applicant must submit the How to Apply for additional information. OJP Grant Application Resource Guideresponsible. See the deficiencies, or noncompliance with award terms and conditions on prior awards, or that is otherwise not history of unsatisfactory performance, financial instability, management system or other internal control Risk Grantee is an award recipient that has received a DOJ High Risk designation based on a documented If applicable, submit the DOJ High Risk Disclosure and Justification as an attachment in JustGrants. A DOJ High Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) for additional information. OJP Grant Application Resource GuideJustGrants. See the Responsibility Matters; Drug-Free Workplace Requirements; and Law Enforcement and Community Policing in Review and accept the DOJ Certified Certifications Regarding Lobbying; Debarment, Suspension and Other Workplace Requirements for additional information. Application Resource GuideOJP Grant Complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form. See the Applicant Disclosure of Duplication in Cost Items for additional information. Resource GuideOJP Grant Application Review and accept the DOJ Certified Standard Assurances in JustGrants. See the DOJ Certified Standard Assurances information. for additional OJP Grant Application Resource Guide. See the Grants.govComplete and submit the SF-LLL in Disclosure of Lobbying Activities The applicant will address the following disclosures and assurances. Disclosures and Assurances . Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government (ojp.gov)FY 2022 above entitled “Other Program Requirements.” The most up-to-date certification form can be found at: “Certifications and Assurances by the Chief Executive of the Applicant Government” attached in the section executive of the applicant unit of local government (e.g., the mayor) properly executes, and submits, the A JAG application is not complete, and a unit of local government may not access award funds, unless the chief Certifications and Assurances by the Chief Executive of the Applicant Government . Application Resource GuideOJP Grant integrity by uploading it as an attachment in JustGrants. For additional information, see the receive award funds. The applicant will submit documentation of its research and evaluation independence and Submission Dates and Time 244 O-BJA-2022-171368 Page 19 of 23 In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and ethics, OJP checks whether the applicant is listed in SAM as excluded from receiving a federal award. one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business related to the degree of risk posed by the applicant. Among other things to help assess whether an applicant with Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information information on the application review process for this solicitation. for OJP Grant Application Resource Guidemeasurable, achievable, and consistent with the solicitation. See the OJP reviews the application to make sure that the information presented is reasonable, understandable, Review Process Application Review Information . Resource GuideOJP Grant Application applicants to review the “Experiencing Unforeseen Technical Issues” section in the whether the request has been approved or denied. For more details on the waiver process, OJP encourages OJP will review each request for late submission and required supporting documentation and notify the applicant Help Desk, and JustGrants Support Desk Ticket Numbers. Grants.gov the applicant's Unique Entity Identifier (UEI) and any applicable SAM.gov tracking number(s), Include an attachment(s) of the complete grant application and all required documentation and material. Includerepresentatives respond). date and time was action taken to resolve the issue and resubmit; and what date and time did support a timeline of the applicant's submission efforts (e.g., what date and time did the error occur, what Include the technical difficulties experienced. Describerequest approval to submit after the deadline. Waiver requests to submit after the submission deadline must: deadline to Grants.gov, the applicant must contact the OJP Response Center within 24 hours of the Grants.govto request approval to submit its application after the deadline. If an applicant has technical issues with deadline within 24 hours after the application grants@ncjrs.gov assistance in an email to the OJP Response Center at An applicant requesting a waiver to submit a late application must document their request for technical or 833–872–5175. JustGrants.Support@usdo j.gov — Contact the JustGrants Support Desk at JustGrantsSAM Help Desk (Federal Service Desk). — Contact the SAM.govGrants.gov Customer Support Hotline. — Contact the Grants.govdesk indicated below to report the technical issue and receive a tracking number: An applicant experiencing technical difficulties with the following systems must contact the associated support the JustGrants portion of the application process. forms by the Grants.gov deadline, the applicant will not be able to proceed to Grants.govsubmit all the required Note: If an applicant does not the applicant may request a waiver to submit an application after the deadline. received a ticket number for resolution. If an applicant misses a deadline due to unforeseen technical difficulties, , or JustGrants support centers or service desks in which an applicant Grants.govthe applicable SAM.gov, support in order to submit an application by the deadline. Technical support is available via phone and email to control that prevent application submission by the deadline must demonstrate all efforts in requesting technical , or JustGrants technical issues beyond its Grants.govAn applicant that experiences unforeseen SAM.gov, Experiencing Unforeseen Technical Issues deadline. must be submitted in JustGrants by the JustGrants application full applicationbe considered timely, the sufficient time to correct errors and resubmit by the submission deadlines if a rejection notification is received. To and JustGrants submissions prior to the due dates to allow Grants.govOJP urges applicants to submit their must be submitted in JustGrants by August 8, 2022 at 8:59 p.m. eastern time. full applicationThe must be submitted in Grants.gov by August 3, 2022 at 8:59 p.m. eastern time. SF-LLL and the SF-424The consider any information about the applicant that appears in the non-public segment of the integrity and 245 O-BJA-2022-171368 Page 20 of 23 Quarterly Federal Financial Reports (and one final Federal Financial Report after all funds have been Recipients must submit: Category 2 — Eligible Allocation Amounts of $25,000 or More award conditions. applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific Ifconcluded at the time the first annual performance report is submitted, that report may be marked final. Anmarked final. through BJA’s PMT. Please note that as soon as all project activity has concluded, that report may be Performance Measurement Tool reports and a final Performance Measurement Tool report Quarterlyobligated and expended) through OJP’s JustGrants system. Federal Financial Reports (and one final Federal Financial Report after all funds have been QuarterlyRecipients must submit: Category 1 — Eligible Allocation Amounts of Less than $25,000 solicitation will be required to submit certain reports and data. In addition to the deliverables described in the “Program Description” section, all award recipients under this General Information about Post-Federal Award Reporting Requirements security. for information on information technology OJP Grant Application Resource Guidetechnology security. See the An application in response to this solicitation may require inclusion of information related to information Information Technology (IT) Security Clauses . GuideOJP Grant Application Resource “Administrative, National Policy, and Other Legal Requirements” section in the connection with award acceptance. For additional information on these legal requirements, see the and regulations, including the applicable requirements referred to in the assurances and certifications executed in application, the recipient must comply with all award conditions and all applicable requirements of federal statutes If selected for funding, in addition to implementing the funded project consistent with the OJP-approved Administrative, National Policy, and Other Legal Requirements for information on award notifications and instructions. OJP Grant Application Resource GuideSee the Federal Award Notices Federal Award Administration Information General will make all final award decisions. Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney the applicant. comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider such An applicant, at its option, may review and comment on any information about itself Important note on FAPIIS:Information System, FAPIIS). performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity obligated and expended) through OJP’s JustGrants system. 246 O-BJA-2022-171368 Page 21 of 23 OJP Grant Acquire AOR confirmation from the E-Business Point of Contact (E-Biz POC) (see ) OJP Grant Application Resource Guidepassword (see an Authorized Organization Representative (AOR) and a Grants.gov username and Acquire: Grants.govTo register in ) Application Resource GuideOJP Grant (see Registration InformationSystem Award Management (SAM) your Entity’s Confirm: Grants.govPrior to registering in What an Applicant Must Do: is another resource. Submission ChecklistDOJ Application This application checklist has been created as an aid in developing an application. The BJA FY 2022 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation Application Checklist for information on how to provide feedback to OJP. OJP Grant Application Resource Guide See the Provide Feedback to OJP U.S.C. 552 and 5 U.S.C. 552a). for information on the Freedom of Information and Privacy Act (5 OJP Grant Application Resource GuideSee the Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a) Other Information For contact information for JustGrants, see the solicitation cover page. , see the solicitation cover page. Grants.govFor contact information for For OJP contact(s), see solicitation cover page. Federal Awarding Agency Contact(s) requirements, including performance measure data. for additional information on specific post-award reporting OJP Grant Application Resource GuideSee the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.) government must submit quarterly accountability measurement data on training that officers have received on (Note that if a unit of local government provides funding to a law enforcement agency, the unit of local . https://bjapmt.ojp.gov/help/jagdocs.html. The accountability measures are available at https://bjapmt.ojp.govAccountability measurement data must be submitted through BJA’s Performance Measurement Tool, available at award conditions. applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific Ifconcluded) through OJP’s JustGrants. performance reports and a final performance report (at any time once all project activity has Semi-annualany time once all project activity has concluded) through BJA’s PMT. Performance Measurement Tool reports and a final Performance Measurement Tool report (at Quarterly Application Resource Guide 247 O-BJA-2022-171368 Page 22 of 23 ) Grant Application Resource GuideOJP regarding technical difficulties (see support@grants.gov, or by email at customer supportGrants.gov the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, at Contact receipt and validation, or if error notifications are received: Grants.govIf no ) Application Resource GuideOJP Grant has either been successfully validated or rejected with errors (see Submission has been received in Grants.gov SubmissionGrants.gov, receive Grants.govAfter the SF-424 and SF-LLL submission in in Grants.gov SF-LLL and SF-424 the Submit Standard Applicant Information (SF-424 information from Grants.gov) Complete the Intergovernmental Review Submit Information to complete the Application for Federal Assistance (SF-424) in Grants.gov ReviewLobbying Activities form (SF-LLL) Prepare to submit the Application for Federal Assistance standard form (SF)-424 and Disclosure of government means a district attorney or parish sheriff. with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local also may be any law enforcement district or judicial enforcement district established under applicable state law performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government purpose political subdivision of a state; or it may be a federally recognized American Indian tribal government that term “units of local government” includes a town, township, village, parish, city, county, borough, or other general-Only units of local government may apply under this solicitation. By law, for purposes of the JAG Program, the Review Eligibility Requirement: . FY 2022 Local JAG Allocations: listed at federal amount requested is within the allowable limit(s) of the FY 2022 JAG Allocations List as TheReview Scope Requirement: . OJP Funding Resource Center” in the Agreements - FY 2022 AwardsOverview of Legal Requirements Generally Applicable to OJP Grants and Cooperative the “ReviewOverview of Post-Award Legal Requirements: ) Application Resource GuideOJP Grant (see https://www.ojp.gov/funding/financialguidedoj/iii-postaward-requirements #6g3y8 OJP policy and guidance on conference approval, planning, and reporting available at ReadImportant Notice: Applying for Grants in Grants.gov Read ) OJP Grant Application Resource Guide (optional) (see notifications up for Grants.gov email Sign) Resource GuideOJP Grant Application the Funding Opportunity and Application Package (see Step 7 in the AccessSelector keyword(s) for the Funding Opportunity in Grants.gov using the opportunity number, Assistance Listing, SearchTo find the Funding Opportunity: ) Receive email notification to complete application in JustGrants: 248 O-BJA-2022-171368 Page 23 of 23 technical difficulties. or 833–872–5175 regarding JustGrants.Support@usdoj.govContact the JustGrants Service Desk at If no JustGrants application submission validation, or if error notifications are received: has been successfully submitted in JustGrants ApplicationSubmit application in JustGrants: ) Application Resource GuideOJP Grant Disclosure and Justification – DOJ High Risk Grantees (if applicable) (see Applicant) OJP Grant Application Resource Guideand Drug-Free Workplace Requirements (see Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; DOJ) OJP Grant Application Resource Guide Certified Standard Assurances (see DOJ) OJP Grant Application Resource Guide Disclosure of Duplication in Cost Items (see Applicant) OJP Grant Application Resource Guide (see of Lobbying Activities (SF-LLL)DisclosureDisclosures and Assurances . Government (ojp.gov) 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant FY) OJP Grant Application Resource Guide and Evaluation Independence and Integrity (see ResearchAdditional Application Components ) Resource GuideOJP Grant Application Management and System of Internal Controls Questionnaire (see Financial) OJP Grant Application Resource Guide Cost Rate Agreement (if applicable) (see Indirect Worksheet and Budget Narrative (attachment) BudgetBudget and Associated Documentation Narrative ProposalContent of Application Submission to complete application in JustGrants Proceed Memorandum of Understanding 249 Section 4Agreement. The City will act as fiscal agent for the grant. The parties of this Agreement do not intend for any third party to obtain a right by virtue of this Section 3equipment or materials by the other party.agreement and shall not be liable for any civil liability that may arise from the furnishing of any Eachparty to this agreement will be responsible for its own actions in providing services under this Section 2City agrees to pay County a total of $6600of JAG funds.Section 1 Now therefore, the County and City agree as follows: funds. Whereas, the City and County believe it to be in their best interests to reallocate a portion of theJAG Engagement programs; the City of Rochester Police Department and Olmsted County Sheriff’s Office Crime Prevention & Whereas, the Cityagrees to provide the County $6600from the JAG award; the funds will be used for compensates the performing party for the services or functions under this agreement: and both parties, that the undertaking will benefit the public, and that the division of costs fairly Whereas, each governing body finds that the performance of this Agreement is in the best interests of revenues legally available to that party: and of governmental functions hereunder, shall make that performance or those payments from current Whereas each governing body, in performing governmental functions or in paying for the performance hereinafter referred to as City, both of Olmsted County, State of Minnesota, witnesseth: as County, and the City of Rochester, acting by and through its governing body, the City Council, Olmsted,acting by and through its governing body, the board of Commissioners hereinafter referred to This Agreement is made and entered into this _____ day of ______, 2022by and between the County of 2022Edward Byrne Memorial Justice Assistance GrantAgreement between the City of Rochester and Olmsted County By entering into this Agreement, the parties do not intend to create any obligations express or implied 250 Olmsted County Administrator_______________________________________________________Date: _____________________City Clerk of Rochester, MN _________________________________________________________Mayor of Rochester, MN ___________________________________________________________Date: _____________________CITY OF ROCHESTER, COUNTY OF OLMSTEDsignatory hereto. other than those set out herein; further, this Agreement shall not create anyrights in any party not a RESOLUTION251Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFimplement the project. application, grant agreement, MOU with Olmsted County and documents necessary to police department’s Administrative Services Manager, is authorized to sign any grant BE IT FURTHER RESOLVED that the City, will act as the fiscal agent for the grant and the FY 2022Byrne Memorial Justice Assistancegrant in the amount of $33,238. thatthe City, acting through its police department, may apply for, and if awarded, accept a NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester Assistancegrantin the amount of $33,238.with the U.S. Department of Justice for the FY 2022Byrne Memorial Justice Authorization to apply for, and if awarded, accept and enter into a grant agreement M 252 snegreoG?dna?BAU?morF?snoitanoD?DPR?-?noituloseR:stnemhcattA notyalC?haraS:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA??.01124?tinU?ssenisuB?,snoitanod? DPR?ot?meht?ylppa?ot?ekil?dluow?tnemtrapeDeciloP?ehT???.5281$?fo?tnuoma?eht?ni?eunever?no?tcapmi?lacsif?evitisop?a?evah?lliw?snoitanod?ehT:tcapmI?ecruoseR?&?lacsiF?mrofnI:tnemegagnE?ytinummoC?&?snoit cA?evitalsigeL?roirP A/N:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP?.snoitanod?suoreneg?eht?fo?evitaicerppa?si?tnemtra pedehT?.esoprup?cificeps?a?rof?detangised?ton?erew?snoitanod?ehT?.setarimE?barA?detinU?eht?morf0081$?dna?negreoG?enidaN?dna?ynoT?morf?52$?fo?snoitanod?tpecca?ot?ekil?dluow?tnemtrapeD?eciloP?ehT:evita rraN?tropeR.negreoG?enidaN?dna?ynoTmorf?52$?dna?setarimE?barA?detinU?eht?morf?0081$?fo?sdnuf?detanod?gnitpecca?noituloseR?a?gnitpodA:detseuqeR?noitcA???11.F?tnemtrapeD?eciloP?retsehcoR?eht?ot?snoitan oD NOITCA?ROF?TSEUQER rebmem?ffats?DPR:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeDeciloP?retsehcoR:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE RESOLUTION253Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFthe Tony and Nadine Goergen. thatthe City accepts the donations of $1800 from the United Arab Emirates and $25 from NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester and Nadine Goergen to go toward the Rochester Police Department’s budget.Acceptingdonations of $1800 from the United Arab Emirates and $25.00 from Tony M 254 laitnetop?yfitnedi?;stifeneb?latnemnorivne?dna?laicos?laitnetop?thgilhgih?;dedeen?si?tcejorp?eht?yhw?nialpxepleh?lliw?hcihw?,yawrednu?eb?lliw?sisylana?latnemnorivne?na?,rehtruF?.ngised?noitats? 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ppus?gniogno?ot?tnemtimmoc?s’cinilC?oyaM?tnemucod?ot?dna?noitacilppa?ATFsuoiverp?eht?fo?troppus?s’oyaM?etartsnomed?ot?depoleved?saw?)UOM(?gnidnatsrednU?fo?mudnaromeM?A.yllaunna?,noillim?5$?latot?stso c?ecnanetniam?dna?lanoitarepo?tisnarT?dipaR?rofsetamitse?detadpU?.0402?litnu?elohw?a?sa?metsys?)TPR(?tisnarT?cilbuP?retsehcoR?eht?dna?metsys?tisnarTdipaR?erutuf?eht?htob?fo?ecnanetniam?dna?snoitarepo ?eht?gnidnuf?ot?detaler?liated?sedivorp?osla?nalP?ehT?.ygetarts?gnidnuf?tcejorp?desiver?a?nidegnahc?saw?siht?fo?enoN?.noitubirtnoc?CMD?eht?dna?)PIC(?nalP?tnemevorpmI?latipaC?CMD?tnerruc?ehthtiw?tnets isnoc?si?,noitacilppa?eht?htiw?dedulcni?,nalP?ehT?.erutcurtsarfni?tisnart?no?tcirtsiD?CMD?eht?nihtiwtneps?eb?ylno?nac?hcihw?,diA?tisnarT?retneC?lacideM?noitanitseD?ytnuoC?detsmlO?dna?etatS?fo?desopmo csi?gnidnuf?lacol?tsoM?.latipac?eht?rof?secruos?gnidnuf?lacol?eht?no?liated?rehtruf?sedivorp?nalP?ehT?.tcejorpeht?rof?stsoc?lanoitarepo?dna?latipac?htob?yfitnedi?ot?detaerc?saw--)”nalP“(?airetirc?tne mtimmoc?laicnanifeht?sa?nwonk?esiwrehto--nalp?laicnanif?a?,noitacilppa?tnarg?stratS?llamS?detadpu?2202?eht?fo?trap?sA?.gnidnuf?laredef?evitisop?a?niatniam?nac?tisnarT?dipaR?kniL?gnirusn 1 259 6th Street!!!!!!!!!!!!!!!!!!!±Downtown Rochester Miles0.30.450.60.150 AreasParks and RecreationalCommunity Assets!Proposed Station!!Proposed Route CenterMayo CivicPlummer BuildingMemorialSoldie rs FieldFuture CampusMinnesota - RochesterUniversity ofMinnesota RochesterUniversity ofand Rochester City HallGovernment CenterOlmsted CountyPublic LibraryRochester PARKWAYSOUTHWESTHISTORICFOLWELLPAR KKUTZKYDRIVEFOLWELL FieldMemorialSoldiersMemorialMayoLake ParkCascadeCentral ParkMarys ParkSaintRidge ParkEagleKutzky Park¤£¤£)"2nd St SW2nd St SWCivic Center Dr NWCivic Center Dr NW 6th St SWW St Sht6W Center Stt Sretne CW2nd St NW2nd St NWCascade Lake!!!!!!!Small Starts Application Information Link Rapid Transit total of 9,300 daily riders.Transit Village park-and-ride for aare expected from the West*An additional 3,400 transit users$5 millionAnnual cost to operate: Cost to construct: $144 million5,900 trips*Estimated opening day ridership: other timespeak periods, every 10-15 minutes Service every 5 minutes during 7 Stations2.9 Miles by the Numbers:Link Rapid Transit ht.gievooperations and maintenance garage will charge vehicles Chargers located at the existing Rochester Public Transit vehicles of a 12-bus fleet that use the Link branding. along the route. Link will use eight electric articulated its length and transit signal priority will be implemented Link will operate in transit preferred lanes for most of transit center. tunnel connecting the hospital and with a pedestrian the north side of 2nd Street SW along constructed on Hospital, a new transit center will be aint Marys Smation. At passenger inforand real-timeboarding, heat, level s?with?Link stations will include shelterSW, 1st Avenue SE, and on 6th Street near 3rd Avenue. 2nd Avenue Avenue, Saint Marys Hospital, 6th Avenue, 3rd Avenue & 6th Street SE, with stations at 19th Village to transit (BRT) route that will run from the West Transit is an approximately 3-mile bus rapid Transit Link Rapid ABOUT THE LINK TRANSIT PROJECT 2 260 the total project justification score. Estimates are not a guarantee of rating outcomes.FTA Capital Investment Grants. Each of the six criteria are weighted equally (16.66 percent) in based on project information gathered to-date and the consultant team’s prior experience on Each criterion is explained in more detail below and includes the project team’s estimated rating FTA will determine the project’s ratings based on project data submitted by the City of Rochester. PROJECT JUSTIFICATION CRITERIA at an overall project rating.commitment ratings are prepared and combined to arrive to high. Summary project justification and local financial Each criterion is rated by FTA on a five-point scale, from low to maintain and operate RPT. maintain, and operate the transit system while continuing stable and dependable financing sources to construct, measure the extent to which the City of Rochester has These criteria Local financial commitment criteria: •effectiveness. economic development effects, land use, and cost-ridership), environmental benefits, congestion relief, Link project. They include mobility improvements (project the anticipated benefits and costs of implementing the These criteria measure Project justification criteria: •forth in transportation law:an application that responds to two sets of criteria as set project sponsors, such as the City of Rochester, to submit To develop a rating of the project, FTA requires local SMALL STARTS APPLICATION discretion of the federal government. eligible for federal funds. The timeline for receipt of federal funds is uncertain and at the submittal in August 2020. Projects that receive an overall rating of “medium” or better are FTA to provide an updated rating that reflects changes made to the project since the initial The Small Starts application that the City of Rochester is resubmitting this August will allow sponsors’ finances to be rated by FTA at various points in the process. a series of steps over several years. The law also requires projects’ characteristics and project Federal law requires transit agencies seeking Capital Investment Grants funding to complete Link Rapid Transit is a Small Starts Project. with capital costs of less than $400 million and federal funding requests lower than $150 million. three funding streams: Core Capacity, New Starts, and Small Starts. Small Starts is for projects its Capital Investment Grants Program. Within the Capital Investment Grants Program, FTA has The Federal Transit Administration (FTA) funds transit capital investments such as BRT through SMALL STARTS OVERVIEW 3 261 MediumOverall Project Justification RatingMedium-High key to a strong rating on this criterion.2020, New Rapid Transit for a Growing Equitable Rochester, was proximate to the project. Preparation of the TOD plans in 2019-local plans and policies to support economic development in the future. It is based on a qualitative examination of is likely to induce additional, transit-supportive development This criterion measures the extent to which the transit project (16.66%)DevelopmentEconomic Medium Olmsted Countyof legally-binding affordability-restricted housing in housing within the project’s station areas to the proportion The proportion of legally-binding affordability- restricted •Corridor and station area parking supply •persons with disabilitiesStation area pedestrian facilities, including access for •characterCorridor and station area development and development •FTA rates a project’s land use based on existing conditions: (16.66%)Land UseMedium-High of the capital cost is 59%.)cost by the total annual trips on the project. (The federal share dividing the annualized federal share of the project’s capital FTA measures cost effectiveness on Small Starts projects by (16.66%)EffectivenessCost Medium serves as an indicator of potential cars taken off the road.relief resulting from implementation of a transit project, but it project. This is an indirect measure of roadway congestion weekday transit trips resulting from implementation of the FTA evaluates congestion relief based on the number of new (16.66%)ReliefCongestion Medium-Low implementation of the proposed project.the change in vehicle miles traveled (VMT) resulting from and the air quality. These benefits are computed based on direct and indirect benefits to human health, safety, energy, This criterion measures the dollar value of the anticipated (16.66%)BenefitsEnvironmental Medium-Low count.on the project that are transfers from other bus routes also taken by transit dependent persons are counted twice. Trips This criterion measures annual ridership on the project. Trips (16.66%)ImprovementsMobility 2022 RatingEstimated MetricsMeasure 4 262 The procurement process for vehicles and other components begins. Summer 2023:Spring 2023, and appraisals and acquisitions are expected to begin in July 2023.Completion of the environmental review process is expected in Fall 2022 - Summer 2024: into station designs.Project staff will work with four artists or artist teams to develop art and integrate it Fall 2022:NEXT STEPS guarantee of rating outcomes.communities and agencies on FTA Capital Investment Grant projects. This estimate is not a The estimated ratings are based upon review of FTA’s guidance and experience working with on the local financial commitment criteria results in an overall rating estimate of medium-high. Combining the medium rating on the project justification criteria and the medium-high rating ESTIMATED OVERALL RATING Medium-HighOverall Financial RatingIneligible one level. Rochester requests 59% of the capital cost from FTA.the capital cost of the project, the financial rating is increased If the FTA Capital Investment Grant comprises less than 50% of FTA FundingMedium-High withstand cost increases or funding shortfalls.state of good repair needs, and the City’s financial capacity to and operating planning assumptions, adequacy of meeting reasonableness of the capital cost estimate and the capital To rate the project on this criterion, FTA will evaluate the (50%)CapacityReliability/Medium unspecified.committed or budgeted versus those considered only planned or (both capital and operating) that the City and its partners have FTA’s rating on this criterion is based on the percentage of funds (25%)FundsCommitment of Medium-High bond ratings and recent service history.age, current asset to liability ratio, and to a lesser extent, recent FTA will base the rating for this criterion on RPT’s average fleet (25%)Condition CurrentRatingEstimated 2022 MetricsMeasure date. Estimates are not a guarantee of rating outcomes.based on Rochester Public Transit and City of Rochester financial information gathered to-criterion is explained in more detail below and includes the project team’s estimated rating and 20-year cashflow submitted by the City of Rochester. Each local financial commitment FTA will determine the project’s local financial commitment rating based on a financial plan LOCAL FINANCIAL COMMITMENT CRITERIA 5 263 Timeline and Milestones Link Rapid Transit RESOLUTION264 ; andn October 18, 2019o Broadway) and mode (bus rapid transit, or “BRT”), Preferred Alternative”) for route and alignment (2nd Street and lternative (“Locally Areferred P-ocallyL Transit Project (“the Project”) and adopted a mode for the Downtown Rochester Rapidhe Destination Medical Center Corporation considered the route alignment and TWHEREAS, to cultivate economic prosperity; andenhances mobility and access to opportunities for residents, businesses, and visitors, and that to evaluate and recommend transit service was completed n alternatives analysis AWHEREAS, of Rochester (“City) towards creation of a Destination Medical Center; andpment efforts of the Destination Medical Center Corporation (“DMCC”) and City economic developroviding a planning framework for the transportation projects and programs needed to support the and conclusions of the DMC Transportation & Infrastructure Program Integrated Transit Studies, 18 accepting the findings -City Resolution #237 hester Common Council approved Plan; and Developmentand community livability goals of the DMC ,support for the economic development, sustainabilitynclusions, and recommendations and needed to generate confidence in the study’s findings, co assessment of alternatives for vehicular, transit, pedestrian, and bicycle travel at a level of detail Integrated Transit Studies (“Transit Studies”) for the purpose of providing a rigorous Program Infrastructure andTransportation Council authorized funding for the Destination Medical Center n furtherance of the goals of the DMC Development Plan, the Rochester Common AS, IWHERE effective solutions; and-he City and the District and are the most costbest serve the needs of tnsure projects eto ;and fully evaluate the details of the transportation solutions proposed in the Plandepth assessment of options -strategies and actions identified in the Plan in order to provide an inment of the transportation DMC Plan recognized the need to complete further study and refine15 adopting the -ction by the Rochester Common Council in City Resolution #133WHEREAS, A Plan on March 23, 2015; and and the Rochester Common Council adopted the ,“Plan”) on April 23, 2015 Development Plan (ursuant to statute, the Destination Medical Center Corporation adopted a DMC WHEREAS, P infrastructure projects that support the state and local objective of creating a destination medical facilitating development of public Center Development District (“District”) for the purpose of WHEREAS, Minnesota Statute 469.40 provided for the establishment of a Destination Medical Small Starts Application. Federal Transit AdministrationUpdated an of ubmissionS 265 .Small Starts ProgramRapid Transit, to the FTA Link for funding of the Downtown Small Starts Application updatedn directs staff to submit ay the Common Council of the City of Rochester bRESOLVED, E ITB sources at current levels.state, and federal funding , partnership agreementsoperations and maintenance costs will be funded through fare revenue, annual and Rochester Public Transit (RPT) Downtown Rapid Transit ProjectThe WHEREAS, ion Capital Improvement Grant funds through the Small Starts Program; andTransit Administratpursue Federal continue to WHEREAS, The City of Rochester and its project partners intend to is reflective of the needs of the diverse communities within and visiting Rochester; and and construction phases to ensure that the project ,process and subsequent design, engineeringThe public will continue to be engaged throughout the environmental review WHEREAS, under the federal and state environmental review processes; andfurther design and environmental analysis sroject includePphase of the currentWHEREAS, The budget, funding strategy, and timeline to be consistent with public and partner feedback; andon, WHEREAS, On June 6, 2022, the Rochester City Council approved a revised project definiti rating; andSmall Starts Application was submitted and received a positive funding WHERAS, In 2020 a Project; andase 1 of the DMC Development District to include the route and transit village location for PhLPA with a phased implementation and initiated a boundary modification process to adjust the On May 22, 2020, the Destination Medical Center Corporation approved the revised WHEREAS, to downtown Rochester; and Street from the Mayo West Lot nd implementation strategy for the Project consisting of BRT on 2WHEREAS, On May 4, 2020, the Rochester Common Council approved a phased ; andOn February 10, 2020 Development phaseject Federal Transit Administrationhe Project was granted entry into the TWHEREAS, ; andof the FTA Capital Investment Grant Program the Federal Transit Administration (“the FTA”) to enter the Project Development phase as part and submitted a request to ,Preferred Alternative on November 18, 2019-the Locallyadopting -City Resolution #245subsequently approved n Councilhe Rochester CommoTWHEREAS, PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF266 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22______________________, 20 THIS _____ DAY OF APPROVED CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL _______________________ ____________ .22THIS __________ DAY OF _______________, 20ROCHESTER, MINNESOTA, SMALL STARTS RESUBMITTAL 267 AUGUST 2022 DRAFT August 26, 2022 268 Cindy Steinhauser, City of Rochester Elizabeth Breiseth, FTA Region 5 Patrick Seeb, DMC EDA Matthew Lange, FTA Region 5CC: City Administrator, City of Rochester Alison Zelms 2022. -or by phone at (507) 328 jhubbard@rochestermn.govplease do not hesitate to contact Jarrett Hubbard, Project Manager, by email at for inclusion in the President’s FY 2024 Capital Investment Grant program. If you have any questions ct with you, and to be considered Thank you for the opportunity to share the Link Rapid Transit Proje every 15 minutes from 8 a.m. to 12 a.m. 6 p.m.) and every 10 minutes other times. On weekends, Link will operate -8 a.m. and 3-hours (5weekday with service every five minutes during rush from 5 a.m. to 12 a.m. eachTransit will operate funded project. Link Rapid -ride that is a separately-and-public parking, as well as a proposed parkVillage will include a transit station, public plaza, driver and public restrooms, a layover facility, and schedule, and route information; and ADA accessibility. The project’s terminus at the West Transit time arrival, -level boarding platforms; real ;board fare payment-off ;specific Link branding-the BRTng the alignment. All BRT stations will be designed with its length, and employ transit signal priority aloLink Rapid Transit will have seven stations, operate in business access and transit lanes for most of oriented development referred to as the West Transit Village.-acre transit-a new 13n neighborhoods and Olmsted Government Center to established urba-campuses, and the RochesterRochester. Link will connect downtown Rochester, the Mayo Civic Center, Cascade Lake, Mayo Clinic Street SW in downtown nd mile BRT route along 2-Rochester proposes to implement a 2.8The City of . completed with the name Rochester Rapid Transit, which was This application provides an update to the Project’s 2020 submittal to the CIG program Final Interim Policy Guidance.and Reporting Instructions e consistent with FTA’s assumptions used arCapital Investment Grant (CIG) program funding for the Project. All technical approaches and Transit (BRT) Project. These materials are in support of FTA’s consideration of the Fiscal Year 2024 ial commitment criteria for the Link Rapid information, project justification criteria, and local financThe City of Rochester is pleased to submit to the Federal Transit Administration (FTA) the project Dear Ms. James: Washington, DC 20590 1200 New Jersey Avenue SE Federal Transit Administration Associate Administrator for Planning and Environment Ms. Felicia L. James i 269 .............................................. Supportive Plans and Policies-Tools to Implement Transit ...................................................................................... Supportive Zoning Near Transit ............................................................................. Supportive Policies and Plans-Transit ................................................. ................................................................ Economic Development ............................................................................................ Existing Affordable Housing .............................................................................. Existing Station Area Parking Supply ............................................................. ......... Existing Station Area Pedestrian Facilities ................................................................ Existing Station Area Development Character .................................. .......................... Existing Corridor and Station Area Development ............................................................................................................................ ............Land Use ........................................................................................................................... Congestion Relief .................................. ....................................................................................... ffectivenessCost E ........................................................................................... ........................ Mobility Improvements ............................................................................................................... Project Justification Criteria ................................................................................................................................ Capital Costs ............................................ ................ Summary of Operations and Maintenance Costs ....................................................................... Operations and Maintenance Cost Model .......................... .......................................................... Changes to Local Transit Routes ...................................................................................... Link Rapid Transit Service Plan ............................................................................................... Operations and Maintenance Costs 5 ....................................... ..................................................Travel Forecast Results Report 5 ............................................................................................... Travel Forecasts Template 5 .............................................................................................................................. Travel Forecasts 4 ............................... ........................................................................................... Summary 4 ..................................................................................... Purpose and Merits of the Project 3 ......................................................................................... Conditions in the Horizon Year 2 ....................................... ..................................................................... onditionsCurrent C 1 ....................................................................................... Project Identification and Setting 1 .............................................................................................................................. Project Narrative 1 ...................... ..................................................................................... Project Description Template 1 .................................................................................. ........................... General Reporting Information CONTENTSTABLE OF 270 10 ......................................................................................... Table 1: Summary of Ridership Forecasts LIST OF TABLES ............................................ .............................................................................. HousingFigure 18: Project Area Proposed, Under Construction, and New Developments with Affordable 91 .................. ......................................... Figure 17: Potential Redevelopment Sites in the Project Area 84 ...................................................................... Proposed Development in the Project Area Figure 16: 74 .............................................. Oriented Developments in the Project Area-Figure 15: Recent Transit 72 ................................ Figure 14: Project Area, Destination Medical District, and Opportunity Zones 64 ................................................................................................ Figure 13: Zoning in the Project Area 54 ................................................ Figure 12: Link Project Area and Destination Medical Center District 51 ........................................... ...................................... Land Use in the Project AreaFigure 11: Future 44 ............................................................................. Figure 10: Affordable Housing in the Project Area 32 ............................................................... Figure 9: Downtown Core Station Areas and Development 27 .............................................. ....................... Figure 8: City Corridor Station Areas and Development 24 ................................................................. Areas and Development Figure 7: West Gateway Station 23 .............................................................................. Figure 6: 2040 Station Area Employment Density 22 .................................................. ............................... Figure 5: 2040 Station Area Population Density 21 ......................................................................... Figure 4: Existing Station Area Employment Density 20 ............................................................................ Figure 3: Existing Station Area Population Density 6 ......................................... .................................................. Figure 2: Existing and 2040 Mode Shares 5 ..................................................................................................... Figure 1: Link Rapid Transit Project LIST OF FIGURES ........................................................................................................Financial Submittal Checklist ........................................................................................................... Supporting Documentation ............................................................... ............................................................... Financial Plan ........................................................................................ Small Starts Project Finance Template ............................................................................................... Local Financial Commitment Criteria ....................................... ......................................................................... Environmental Benefits 93 ......................................... Tools to Maintain or Increase Affordable Housing in Corridor 6. 87 ......................................... Potential Impact of Transit Project on Regional Development 5. 74 .................................................... Supportive Plans and Policies-Performance of Transit 4. ii 271 Affordable Housing Verification Appendix F Travel Forecast Supporting Documents Appendix E nderstandingCity and Mayo Clinic Memorandum of U Appendix D Financial Plan and Supporting Documentation Appendix C SCC Workbook Appendix B Small Starts Criteria Template Appendix A LIST OF APPENDICES ........................................................................ Table 19: Financial Commitment Estimated Ratings ........................................................................ Table 18: Environmental Benefits Estimated Rating 66 ...................... ............................................... Street Parking Requirements-Table 17: Residential Off 46 ................................................................................ Supportive Policies and Plans-Table 16: Transit 45 ........................................................................Table 15: Estimated Economic Development Ratings 43 ....................... .......................................................... Table 14: Estimated Affordable Housing Rating 43 ....... e Link Rapid Transit Project Area and Olmsted CountyTable 13: Affordable Housing Units in th 43 ................................................ Table 12: Central Business District Parking Cost and Supply Criteria 19 ...................................................... ...................... Table 11: Demographic Measures by Station Area 18 .............................................................................................. Table 10: Estimated Land Use Ratings 17 ..................................................................................... Table 9: Congestion Relief Estimated Rating 17 ............................................. ...................................... Table 8: Cost Effectiveness Estimated Rating 17 ............................................................................. Table 7: Mobility Improvements Estimated Rating 16 .......................................... Table 6: Summary of Annual Operations and Maintenance Costs (2026) 13 .................................. Table 5: RPT Bus Operations and Maintenance Cost Model, Base Year 2019 11 ............................................................................................. Table 4: Service Planning Assumptions 11 ........................................................................................... Table 3: Link Rapid Transit Service Plan 10 ...................................... ................Table 2: Supplemental Forecast Information: New Transit Riders 1 272 August 26 submittal. ion will be prepared in time for the This document is in draft form and the final applicatthe text. minor changes, such as updating the project name to reflect the Link brand, are integrated into Note for review: all content that has changed substantively since 2020 is bolded and in magenta; es or mixed Avenue SW. The LPA will operate in either BAT lan th from West Frontage Road to 14Avenue SW, and eastbound buses will travel in mixed traffic th Avenue SW to 19 th mixed traffic from 14sses over Highway 52. Along this segment, westbound buses will travel in Street SW cro nd where 2Avenue to Civic Center Drive except for rd Street SW from 23 nd access and transit (BAT) lanes along 2Avenue and in business rd The LPA will operate in mixed traffic from the West Transit Village to 23employ transit signal priority. The Link Rapid Transit Project will include seven BRT stations and will times. On weekends, Link will operate every 15 minutes from 8 a.m. to 12 a.m. 6 p.m.) and every 10 minutes other -8 a.m. and 3-with service every five minutes during rush hours (5kday Link Rapid Transit will operate from 5 a.m. to 12 a.m. each wee. (Figure 1) Saint Marys HospitalStreet SW, making intermediate stops at major intersections as well as at nd downtown Rochester via 2(BRT) route that will run from the West Transit Village to mile bus rapid transit -approximately 2.8The locally preferred alternative (LPA) is an a mix of land uses and major activity centers. density corridor with -Transit is located in Rochester, Minnesota, and will operate in a highLink Rapid Setting Project Identification and1. contribute toward economic development and transportation goals for the city.transportation service for residents, commuters, businesses, patients, students, and visitors, and will quality downtown public -hat will result in highfor 2nd Street SW is a major transit improvement timprove its capacity and improve the downtown experience. The Link Rapid Transit Project proposed ongestion that negatively affects transit riders and vehicular traffic, necessitating investments that will cwhich connects downtown Rochester and two Mayo Clinic campuses, is currently experiencing percent increase in employment and 30 percent growth in population. The 2nd Street SW corridor, t growth in its downtown over the next 20 years, with an expected 65 The City is anticipating significan quality transit, a strong economy, and a rich public life. -thriving community with high20 years. The DMC will guide this investment to create a city that puts people first, resulting in a downtown Rochester in the next necessary to support the $5 billion of private investment expected for partnership that will provide the public financing needed to build infrastructure and other projects private -t economic development initiative in Minnesota history. The DMC is a publicwhich is the largessustainable community. These efforts include the creation of the Destination Medical Center (DMC), undertaken substantial efforts to plan for the ongoing development of the City as a vibrant, the State of Minnesota, and Mayo Clinic have from all over the world, and in recent years the City, Mayo Clinic. Rochester is a global destination that welcomes visitors, patients, students, and workers The City of Rochester, located in southeastern Minnesota, is home to the internationally renowned PROJECT NARRATIVE Please refer to Appendix A: Small Starts Criteria Template. PROJECT DESCRIPTION TEMPLATE GENERAL REPORTING INFORMATION 273 . https://www.rochestermn.gov/home/showdocument?id=21077Integrated Transit Studies Street Operations Study Report: 1 wide boardings in 2019. Most existing routes operate on 2nd -average of approximately 7,600 systema weekday stop, and express transit routes in the project corridor, with -RPT operates 25 local, limited at peak hours.of cars and signal delays often results in significant delays for existing transit passengers, especially atments, congestion caused by the volume Without transit priority tre 1 Street Operations Study Report.Travel demand in the corridor is already near capacity, as described in the Integrated Transit Studies s and 13,000 transit riders each day on Rochester Public Transit and Mayo Clinic shuttles. vehicleconnection between downtown Rochester and the remainder of the city, carrying more than 21,800 growth will exacerbate existing transportation challenges. The 2nd Street SW corridor is a major ge for the downtown transportation network, and expected employees, and visitors is a clear challenthose seeking medical care at Mayo Clinic and their families. Meeting the mobility needs of residents, jobs. The area also hosts approximately three million visitors each year, including ,00094and over residents more thanroute, includes the densest parts of the City of Rochester and is home to half mile of the Link Rapid Transit -The Link Rapid Transit Project area, defined as the area within one urrent ConditionsC 2. project development.aluated during board fare payment options will be ev-seating, light, heat, and other amenities. Offtime passenger information, -Link Rapid Transit stations will mimic rail stations with level boarding, real itions may be required in isolated locations along the corridor.acquisStreet and associated station. Additionally, some partial or strip th may be required for building 6blocks farther west to accommodate Link Rapid Transit service. Several full and partial acquisitions Street SE will span two th Avenue SE so that 6 rd project, the street grid will be extended west of 3Street platform in the Downtown Waterfront Southeast area. As part of the th and terminate at a 6 Avenue rd(Mayo Downtown Campus), and at Civic Center Drive. The route will then turn south onto 3Avenue SW nd Avenue SW, 2 th In downtown Rochester, Link Rapid Transit will serve stations at 6 station platform will include an elevator and stairwell to connect to the pedestrian tunnel. al. A new vertical circulation building adjacent to the eastbound Saint Marys well as Saint Marys Hospittunnel that will connect the eastbound and westbound platforms of the Saint Marys Transit Center, as Avenues to accommodate construction of a new pedestrian th and 11 th reconstructed between 16Street SW will be nd transit plaza. 2privately owned parcel will be necessary to construct the Street SW, adjacent to the westbound station platform. Acquisition of one nd the north side of 2Saint Marys Transit Center station will include a vertical circulation building and transit plaza on development.oriented -ride. The balance of the site is intended for transit--Clinic for a Mayo employee parkride facility will be constructed on the site by Mayo --car park-transfer hub for local routes. A 2,500it may also use this facility as a separate from the Link Rapid Transit Project. Rochester Public Transride with 150 parking spaces will be built by the City of Rochester --Rapid Transit. A public parkit station, public plaza, driver and public restrooms, and a layover facility for Link will include a trans acre west lot site owned by Mayo Clinic and-The West Transit Village station will be located on the 13 traffic analysis.traffic from Civic Center Drive to the Downtown Waterfront Southeast station, pending the results of a 2 274 Plan.pdf-Development-content/uploads/2018/07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 4 corporation/-https://dmc.mn/dmcDMC Corporation: 3 dmc/-is-https://dmc.mn/whatDestination Medical Center: 2 t the anticipated growth in travel would be required to mee—story parking structures-blocks of ninewhich would occupy seven full —Nearly 180 acres of parking 4 active transportation infrastructure.floor uses, and investments in transit and -g, increased commercial development, active groundhousindensit y -encompasses downtown Rochester and the Saint Marys Hospital campus and includes high, adopted in 2015, establishes a vision for the DMC District that DMC Development PlanThe planning work in support of these investments.completed extensive next 20 years, and the City of Rochester and the DMC Corporation have station areas, is expected to experience development valued at more than $5 billion over the Street th 6, and Avenue, Civic Center nd 2ospital campus, and the majority of the 6th Avenue, Saint Marys HThe DMC District, which encompasses 2nd Street SW from Highway 52 to downtown Rochester, the 3 governing board providing public oversight of the DMC initiative.The DMC Corporation is a nonprofit organization that was created to serve as the 2 infrastructure.ublic and the state of Minnesota, to facilitate and support the construction and maintenance of pClinic and other developers, as well as public funding from the City of Rochester, Olmsted County, private partnership that combines private development by Mayo -state’s economy. DMC is a pubsupport Mayo Clinic as a global medical destination, given its importance to both the City’s and the Minnesota state legislature created DMC in 2013 to authorize public investments in Rochester to ayo Clinic as its anchor. The Center (DMC) initiative is the primary engine for this growth with Mexpected to grow by approximately 65 percent and population by 30 percent. The Destination Medical er the next 20 years, downtown Rochester is expected to grow dramatically; employment is Ov Conditions in the Horizon Year 3. along the segment of 2nd Street SW between Saint Marys Hospital and downtown Rochester.vehicles are all subject to significant traffic delays at peak hours, with particularly severe congestion periods. Currently, these akpe buses per hour along 2nd Street SW during the morning and afternoonwest spine of downtown, and combined, RPT and RCL operate over 40 -2nd Street SW is the east Rapid Transit service begins.f Rochester and will terminate these shuttle services once Link collaborating closely with the City oon a typical weekday. Mayo Clinic is Downtown campus carries more than 3,000 passengersstation. A shuttle between Saint Marys Hospital and Mayo Clinic Street th 6near the proposed Lot is Eastage will be built and the weekday. The West Lot is on the site where the West Transit VillLot carry more than 2,300 passengers on a typical Mayo Eastride facilities at the West Lot and --various other facilities throughout the Rochester area. Shuttles serving the existing park Hospital, andMayo Clinic operates multiple employee shuttle routes between the downtown campus, Saint Marys just south of the 2nd Street SW corridor.downtown campus, with downtown bus stands located along 2nd Avenue SW and 3rd Avenue SW nd at Mayo Clinic metropolitan area. RCL buses make service stops at Saint Marys Hospital acoach service to downtown Rochester from nearby outlying communities, as well as the Twin Cities ty Lines (RCL), a private commuter bus service, provides 10 weekday routes with motor Rochester Ci campus at 2nd Street SW and 2nd Avenue SW.Street SW to access RPT’s downtown transfer center, located adjacent to Mayo Clinic downtown 3 275 https://www.rochestermn.gov/home/showpublisheddocument/29040/637342159342600000TOD Plan: 5 dedicated bus lanes and transit signal priority.frequency transit service supported by investments including, -of highwith the implementation addressing the purpose by substantially increasing the transit capacity of the 2nd Street SW corridor Rapid Transit succeeds in Linkresidents, commuters, businesses, patients, students, and visitors. lity public transportation for -Rapid Transit Project is to provide high LinkThe purpose of the transit improvement is the appropriate investment to meet these needs. increasing transit mode share, enhancing livability, and facilitating economic development, a major d DMC goals for way to facilitate the construction of new travel lanes, and City an-of-limited rightalready experiencing congestion that creates delays for transit riders and other corridor users. With ridor in particular is in need of enhanced transit capacity, as it is system. The 2nd Street SW corcorresponding increase in downtown trips, presenting a challenge for the Rochester transportation percent increase in downtown population over the next 20 years. This growth will result in a ase in downtown employment and a 30 The City of Rochester is anticipating a 65 percent incre Summary 5. corridor addresses the purpose of the project more effectively than other modes or routes.will further enhance the corridor’s capacity and sustainability. Therefore, BRT in the 2nd Street SW capacity. Complementary ongoing and planned investments in pedestrian and bicycle infrastructure impacts that would result from building additional lanes and avoiding the need for increased parking way -of-throughput of the corridor while minimizing right increase the transit capacity and personthrough the corridor. Converting existing traffic lanes into a dedicated BRT guideway will substantially necessary to increase the corridor’s transit capacity and thereby the number of people who can travel s, it is be necessary to meet travel demand if growth continues at the current mode share. Thuincrease trips in the corridor. As described in the introduction, several acres of parking ramps would ation corridors in the city, and expected growth downtown will only used transport-of the most heavilysubstantially increase public transportation use downtown. As described above, 2nd Street SW is one Rochester and DMC district transportation, economic development, and livability goals and s that will support the City of residents, commuters, businesses, patients, students, and visitorquality downtown public transportation service for -The purpose of the project is to provide high Purpose and Merits of the Project 4. t will facilitate increases in ridership on the RPT system.RPT routes. Furthermore, Link Rapid TransiStreet SW corridor, improve travel time reliability, and enhance the service quality and capacity of greater transit capacity. The Link Rapid Transit Project will increase the transit capacity of the 2nd requiring Transit ridership on both the local and regional transit systems is expected to nearly double, 5 infrastructure improvements.density development and supporting pedestrian and bicycle -strategies and opportunities for highgoals by identifying the Rochester City Council in August 2020, will help facilitate these mode shiftOriented Development Plan, which was approved by -percent of all commuters on transit. The Transitaccommodate the growth in travel demand and state a goal of carrying 23 to 30 transit mode share to that preceded it, calls for a major increase in Downtown Master Planoccur. This plan, as well as the occupancy vehicles does not -demand resulting from the DMC initiative if a mode shift from single 4 276 ridership in the corridor. Additional ridership has been estimated based on published land use driven approach and consist primarily of existing transit -produced via an incremental, dataar. Ridership forecasts for the project were number of riders for the current year and horizon yetotal Rapid Transit Project, describe each transit market and its challenges, and provide the oriented development riders. This report will establish context for the Link -and future transituttle riders, -riders, Mayo Clinic intercampus-and-Transit (RPT), downtown commuter parkThe forecasted BRT ridership consists of four primary transit markets: Rochester Public alleviate parking needs in the dense, urban core allowing for more productive land uses.critical corridor in Rochester. Accommodating commuter parking outside of the downtown core wifrequency transit network. Improved service and branding will enhance transit in this -Rochester’s high an. The proposed project will introduce the first phase of Medical Center (DMC) Development Plpercent of trips to work on transit into downtown Rochester by 2035, as stated in the Destination beyond personal vehicles. Transit plays a significant role in supporting this growth with a goal of 30 ate travel in modes As the City of Rochester continues to grow, it recognizes the need to accommod quality workforce.-livable place for residents that will attract a highfaster, more frequent service to and within the corridor, support anticipated growth, and create a more e Rochester’s public transit service starts or ends within the corridor. Link Rapid Transit will providStreet SW corridor is the backbone of Rochester’s transit network and the majority of nd The 2 Travel Forecast Results Report 2. ll Starts Criteria Template. Please refer to Appendix A: Sma Travel Forecasts Template 1. TRAVEL FORECASTS : Link Rapid Transit Project1Figure 5 277 peak and weekend service operate with a minimum -minute headways. Off-of the corridor with 30ak service headways of 10 minutes while seven other routes operate on various parts Center with peStreet SW between Saint Marys Hospital and the Rochester Transit nd weekday route operates on 2Street SW corridor. The current system primarily serves commuters. One nd are located on the 2pital or the Rochester Transit Center, both of which majority of routes end at either Saint Marys HosRPT routes primarily connect the outskirts of the city to downtown in a hub and spoke system. The Rochester Public Transit Existing Ridership Markets 2.2. , as described in the Economic Development Chapter. Succeed: Rochester Comprehensive Plan 2040Planning 2 and Downtown Master Plan, DMC Development Plan,growth identified in the housingprojected employment, population, and will allow Rochester to better accommodate the ives andobjecttransportation mode share Rapid Transit will help the city achieve Link productive land uses.worsen the existing traffic congestion and limit the city’s ability to allocate space toward more es; adding more parking downtown, however, would only construction of multiple new parking structurof development in downtown Rochester without shifting to alternative modes would require the parking needs. Previous planning efforts have indicated that accommodating the anticipated intensity educing downtown in downtown Rochester while minimizing the growth of vehicular traffic and rEnhanced transit capacity will allow more people to get to and from the growing employment markets per day on RPT buses and Mayo Clinic shuttles. approximately 2,000 boardings —esin the city, lacks amenities commensurate with the demand it servridership stops -station infrastructure in the corridor. Saint Marys Hospital, currently one of the highestviding dedicated transit lanes, the Link Rapid Transit Project will improve transit In addition to pro : Existing and 2040 Mode Shares2Figure RPT buses that serve the corridor. localLink and Mayo Clinic and providing dedicated transit lanes along most of the route to accommodate al shuttles currently operated by streamline current transit service in the corridor by replacing severphase of a new rapid transit system, will be a key component of this strategy. Link Rapid Transit will network of walkable streets linked to public spaces. Link Rapid Transit, the first connections, and apercent to 30 percent. This will be achieved by creating multimodal transit, walking, and bike 2030. This includes transitioning the proportion of commuters arriving by transit from the current 10 occupancy automobile by -ther than singlepercent of commuter trips travel to downtown by modes oFigure 2. To accommodate future growth in jobs, homes, retail, and hotels, Rochester aims to have 50 At present, more than 70 percent of commuter trips to downtown occur via motor vehicle, as shown in Project Goals 2.1. in Appendix E.pment. Supporting documentation for the travel forecast is included plans and planned develo 6 278 rcent, which is near the maximum effective capacity of 85 percent due to normal approximately 83 peexisting 28,000 space parking supply is currently stressed with an overall parking occupancy of states that the Integrated Transit Studies Report Rochester. The City of Rochester and the DMC’s current parking utilization in the core of Compliance with parking assignments is likely given not been included in opening year forecasts as it is being provided on a temporary basis. parking into a future development, per the West Transit Village master plan. This parking capacity has ing public public parking spaces will be provided on an interim basis, with the intention of incorporatterm lease between the City of Rochester and the property owner, Mayo Clinic. Approximately 150 -t progress, public parking will be provided on the site via a shorta timeline dependent on developmenoriented development as discussed in subsequent sections. In the interim and with -intended for transitthe anticipated increase in Mayo Clinic employment. The balance of the Mayo West Lot site is e parking assignments and assumed to be at capacity in the horizon year given Mayo Clinic’s employe assumed in horizon year project forecasts but not in current year forecasts. The expanded lot is acre Mayo West Lot site. This additional parking capacity is -e parking ramp on the 13spac-2,500Mayo Clinic plans to expand parking capacity with the opening of Link Rapid Transit by constructing a .agreementfor the DPlease see Appendix . specified in an agreement between the two parties, in an annual amount and capital improvements tionsoperaLink shuttle services with the opening of the project. In turn, Mayo Clinic will partially fund passengers travelled from the Fullerton Lot on a typical weekday. Mayo Clinic plans to end these ic’s internal shuttle to travel from the West Lot and 720 show 1,600 passengers used Mayo ClinRidership counts at the Mayo West Lot and Mayo East Lots were completed in Summer 2019. Results is prioritizing patient parking in spaces near its facilities.asing out all remaining downtown employee spaces; the Clinic downtown Rochester and is actively phparking availability and a growing employee base, the Clinic no longer assigns parking spaces in Clinic assigns its employees’ parking locations based upon years of service. Because of shrinking Historically, the Mayo the main Mayo Clinic employment centers in the city, and the project corridor.frequency shuttles that connect them to Saint Marys Hospital and the Mayo Downtown Campus, -highroject route): the Mayo West Lot and Mayo East Lot. Both facilities are served by half mile of the p-the project area (the area within ride facilities and shuttles for its employees. Two such facilities are --rides, the Mayo Clinic operates and maintains park--In addition to existing RPT fringe park Ride-and-wn Commuter ParkDownto peak times, and 15 minutes on weekends.-minutes in offSpecifically, the project will improve headways in the corridor to five minutes during peak periods, 10 e in ridership as a result of service improvements the project will bring to the corridor. modest increasthe opening of the project. Industry standards published in TCRP Report 95 were used to estimate a as reported in the National Transit Database. This strong ridership base is expected to continue with ge daily trips in 2015 to 7,591 in 2018, Ridership on RPT routes has grown modestly from 6,712 avera visibility transit service in the core of Rochester.-frequency, high-high refers to Rochester’s 2.76 million annual visitors as requiring Integrated Transit Studies (ITS) Report n Medical Center’s as well as established urban neighborhoods along the corridor. The DestinatioOlmsted Government Center to housing, hotels, office, and retail commercial uses, -and the Rochesterinic Saint Marys Hospital, Mayo Clinic Downtown Campus, the Mayo Civic Center, connect Mayo Clcurrently no regular interval public circulator service in downtown Rochester. Link Rapid Transit will Link Rapid Transit will enhance RPT service to serve markets beyond commuter trips. There is ride lots around the city.--f fringe parkminute headways are common. RPT leases a series o-headway of 30 minutes, and 60 7 279 https://www.vtpi.org/park_man_comp.pdf. Available at ng Management Comprehensive Implementation GuideParkiVictoria Transport Policy Institute, 6 density uses in the project corridor. The -plans and recent zoning changes will further encourage highto grow by approximately 65 percent and population by 30 percent. Land use Employment is expected Rochester’s downtown and Mayo Clinic continue to grow with high projections for the next 20 years. as a horizon year in the forecasts for Link Rapid Transit. . To maintain consistency with local planning efforts, 2040 has been used (LRTP)Transportation Plan Long Range Olmsted Council of Governments (ROCOG) maintains its 2040 -The Rochester Horizon Year Market 2.3. stage.TOD locations do not have site plans or other specific planning information available at this t in horizon year forecasts. Other the West Transit Village, this site is assumed to be built ouof retail and commercial space; 234,900 square feet of office space; and 144 hotel rooms. Like family dwelling units; 114,215 square feet -The DWSE site is anticipated to include 1,561 multiter. transformative development on the east side of the Zumbro River and downtown RochesSoutheast (DWSE) site. In late 2021, the City opted to modify Link to better serve this TOD sites have been identified along the corridor, including the Downtown Waterfront Other built out in horizon year forecasts. Plan developed by the City in partnership with Mayo Clinic. The West Transit Village is assumed to be square feet of retail space, as well as a new public park, according to the West Transit Village Master 0,000 the site which will include 485 new residential units, 35,000 square feet of office space, and 2, referred to as the West Transit Village, is planned for oriented development-Mayo West Lot. A transiton the current spatial mismatch, including plans for the corridor for infill development to improve uppercent of the regional population. Numerous sites have been identified along the Link Rapid Transit that while the study area accounted for over 50 percent of regional employment, it only contains 12 found lan Oriented Development P-New Rapid Transit For a Growing, Equitable Rochester: Transitfrequency transit network. The -understand areas for potential development along its planned highoriented development (TOD) study to -chester undertook an extensive transitThe City of Ro Oriented Development-Transit and prominent branding.residents, visitors, and the general public with accessible stations and vehicles, platform amenities, frequency service to -rculation market is already robust, the project will expand highWhile this ci2019. The project will replace the shuttle after the Mayo Clinic terminates its own shuttle service. The shuttle carries approximately 3,000 passengers per day, based on counts completed in summer ent with the operating plan for the project. to 10 minutes throughout the entire day, consist fiveSaint Marys Hospital, entirely within the project corridor. The shuttle operates with frequencies of Mayo Clinic operates an intercampus shuttle which runs between Mayo Clinic Downtown Campus and huttleMayo Clinic Intercampus S lots in downtown.and is actively promoting redevelopment of remaining surface parking ,commuter parking downtownhas no plans to build additional ,facilitating these trips on transit, biking, walking, or carpoolings committed to The City i spaces downtown, more than 50 percent above current parking supply.Accommodating growth will result in demand for over 16,000 additional parking 6 parking turnover. 8 280 .1Table markets. Results are shown in car households in zones adjacent to the project has been applied to individual -workers from zerop forecasts and Census Transportation Planning Package (CTPP) data. The percentage of ridershicar household) riders have been prepared using the overall -dependent (zero-Forecasts for transit dependent populations.-transit-and nondependent -to be for other trip purposes. For each trip purpose, shares are estimated for both transite assumed development market are assumed to be HBW trips while other markets ar oriented-transitride market and --specific travel market being examined market. The downtown commuter parkbased work (HBW) trips or other categories based on the -categorized as home forecasts. Trips areand 2045 (not yet approved) show minimal differences in land uses referenced for horizon year range planning horizons. Review of ROCOG’s land use plans for 2040 -consistent with ROCOG’s long current year (2019) and a horizon year (2040) markets. Forecasts have been prepared for the driven method for all -shows the results of project forecasts prepared via an incremental, data 1Table Forecast Results Ridership 2.6. an annual operating contribution from Mayo Clinic to replace fare revenue for the servicefree and will receive -collected on the BRT line. RPT will operate Link Rapid Transit service farentinue on the existing system, and no fares will be The existing RPT fare structure will co Fare Policy 2.5. project ridership.downtown Rochester. Overall, the forecasts submitted are a defensible, conservative estimate of onal riders depending on the level of population and employment growth realized near also see additiare not assumed in ridership forecasts because of uncertainty regarding final plans. The project may and DWSE site are in the development pipeline and will contribute to the project ridership market but sites beyond the West Transit Village the uncertainties around how they may be used. Additional TOD 2,500; however, no concrete ridership assumptions have been made regarding these spaces given ride beyond the planned --rking spaces in the West Transit Village to be dedicated to public parkpauncertainties; therefore, estimates are intentionally conservative. There is potential for additional contain a minimal number of riders not currently counted. Horizon year forecasts contain more ncertainty in forecasting efforts. Current year forecasts Special care has been taken to minimize u Uncertainty 2.4. parking structure on the current East Lot site.year capital plan does include construction of a -parking but not expand. Mayo Clinic’s 5 East Lot assumes that Mayo Clinic will maintain its level of horizon year forecast for the Mayo . Rather, the ride-and-parkplanned development of the DWSE site which contains the existing Intercampus Shuttle markets. The Mayo East Lot is excluded from this growth due to the and Mayo ride-and-parkDowntown Commuter percent growth is applied to the Mayo West Lot. The resulting 35 LRTPat 50 percent of the anticipated growth of Mayo Clinic in the ROCOG The project’s horizon year forecasts assume a more conservative growth rate for horizon year . Comprehensive Plan 2040Succeed: Rochester Planning 2 , and DMC Development Plan, ITS Reportvehicles will be necessary, as described in the Rochester because there are few opportunities to build new parking and alternatives to private sential to realizing this growth in downtown employment. The Link Rapid Transit Project is escapacity for patient care and for research and development, resulting in a corresponding increase in Mayo Clinic land uses in 2040, an increase of about 70 percent. This development will expand quare feet of DMC Development Plan and the ROCOG LRTP assume approximately six million more s 9 281 forecasts, but are included in the 2040 ridership.year ridership -the project’s opening for use by Mayo Clinic employees, these riders are not included in ride itself is a private project to be constructed outside the purview of Link Rapid Transit --the parkng approved by the Rochester City Council on August 17, 2020 (Appendix D). Because UnderstandiMayo Clinic has agreed to construct at the West Transit Village site, according to the Memorandum of ride facility that --space private park-This level of capacity is necessary due to the 2,500 .periodsr during the morning and afternoon peak passengers per hou 710accommodate ridership of up to alignment, station locations, and expected ridership. Capacity on Link Rapid Transit is designed to ) for Link Rapid Transit has been developed based on the 3Table The proposed service plan ( Rapid Transit Service Plan Link 1. AINTENANCE COSTSM AND OPERATIONS June 22, 2022. changes were shared with FTA on May 17, 2022 and discussed in a phone conversation on 22. These and July 14, 2020. Minor updates to the horizon year forecast were made in 202020 following phone conversations during summer 2019 and on May 21, 2020; June 23, 2020; A detailed ridership forecasting methodology document has been shared with FTA in August 5,215 63 New Transit Riders Horizon Year (2040) Current Year (2019) : Supplemental Forecast Information: New Transit Riders2Table .2Table the site prior to the Horizon year. Results are shown in of the parking facility at the West Transit Village. An additional 1,700 parking spaces will be added to in the horizon year is the expansion Market in the horizon year. The primary source of new transit tripsfrom the RPT market in the current year and horizon year and also from the Downtown Commuter New transit ridership forecasts have also been prepared. New transit riders are assumed to come 12,818 903 Total 80 62 dependent-ransittOther trip purposes, 4,474 3,441 dependent-transit-onnOther trip purposes, 19 2 dependent populations-ransittork (HBW) trips by wased b-Home 8,245 2,398 dependent populations-transit-nnoork (HBW) trips by wased b-Home Horizon Year (2040) Current Year (2019) Ridership Category : Summary of Ridership Forecasts1Table 10 282 35,625 Total annual revenue hours 110 (including 6 holidays) Weekend days per year Weekdays per year 16 hours (weekends) 19 hours (weekdays), Span of service peak)-5 vehicles (off vehicles (peak) Vehicle requirements peak)-50 minutes (off 45 minutes (peak) Actual cycle time 42.8 minutes Minimum cycle time trip travel time (minimum 10 minutes)-15% of round Layover 10.4 miles per hour Average operating speed minutes 32.8 vel time Roundtrip Assumption Service Parameter : Service Planning Assumptions4Table Rapid Transit service.were used to calculate the total annual revenue hours required to operate Link 4Table assumptions in annual operating cost using a standard transit service planning methodology. The service planning The proposed route alignment was also analyzed for travel time, vehicle requirements, and total Sat/Sun) 12 a.m.,-minutes (8 a.m. Weekend: every except peak) , 12 a.m.-.5 a.m10 minutes (peak: every -Weekday 6 p.m.)-a.m., 39 -Every five minutes (6Weekday peak hours: passengers per hour 710load of average maximum )totalpassengers (up to 125 standees 52 seats, 73 TransitLink Rapid SpanPeak Headways & -Off Peak Headways & Span e CapacityVehicl Service : Link Rapid Transit Service Plan3Table percent of seated capacity (59 passengers total).experience, service levels are designed to accommodate an average maximum load of 115 quality customer -n order to ensure a highHowever, itotal (52 seated; up to 73 standees). 125 passengers BRT vehicles are assumed to carry foot electric BRT vehicle specifications,-Based on available hour flows expected from the West Transit Village site. -hour, the maximum peakpassengers per 710Transit would operate every five minutes in order to provide sufficient capacity for efore, during peak hours, Link Rapid determining overall service needs on Link Rapid Transit. Therride facility, these Mayo Clinic riders will play a significant role in the --Given the size of the park 11 283 . ual_1.pdf10/2020%20NTD%20Reporting%20Policy%20Man-www.transit.dot.gov/sites/fta.dot.gov/files/2020Manal (see page 90), available at 020 Policy Information about operations and maintenance expense reporting for NTD are detailed in the NTD 2 7 of total O&M bus expenses. percent amounted to $6.7 million across all functions and 66which “Purchased Transportation,” reflecting the contracted service with First Transit, RPT’s primary O&M object class for bus service in 2019 was revenue hours. 115,338According to NTD submissions, RPT bus service (excluding ZIPS) in 2019 amounted to 7 class.30 by function and FTA Uniform System of Accounts (USOA) object -reported in NTD Form FAs required by FTA, RPT submits its actual O&M costs to be included in NTD. These costs are Base Bus Service Costs3.1 ts to the updated opening year of 2026.Inflate cos • .BRT cost escalation factorspecific costs (e.g., station maintenance, etc.), rather than rely on a -Better reflect BRT • .and peak buses, rather than revenue hours alonerelated costs responsive to changes in revenue hours, revenue miles, -ervicePresent s • .about contracted First Transit rates(e.g., vehicle operations, vehicle maintenance, etc.), rather than rely on assumptions categorized by function (e.g., purchased transportation, fuel, etc.) and by expense type ce as reported in NTD, which are Utilize RPT’s actual 2019 expenses for local bus servi • variable O&M cost model was developed with the following objectives in mind: -A new multi specific costs.-Rochester to better reflect BRTd O&M cost estimate was developed at the request of the City of NTD. A more detailewas determined upon reviewing actual expense data from peer BRT systems as reported in the specific features, such as station maintenance, and -reflect the increased costs due to BRTion factor. The BRT cost escalation factor was used to BRT cost escalat percent -and 20contract contingency, percent annual inflation rate, 5percent projected to year 2025 with a 1.5 were based on the existing First Transit contracted hourly service rates (2017 through 2021) revenue hours. The cost models variable cost model responsive to changes in annual vehicle-cost estimates were developed using a single operations and maintenance (O&M)Prior Operations and Maintenance Cost Model route service. s no longer include costs associated with changes to local operations and maintenance costneutral; therefore, Link Rapid Transit -alongside Link Rapid Transit are expected to be costyear Transit Development Plan (TDP). Any changes implemented -as part of its next fiveof developing a local route restructuring plan RPT is in the process connections to customers.modest revisions to existing bus service to reduce duplication and offer new and improved Alongside the implementation of Link Rapid Transit service, it is recommended that RPT undertake Local Transit RoutesChanges to 2. 257,724 Total annual revenue miles 12 284 $0.6676 $77,005 Purchased Transportation $456.3269 $23,729 Other Materials and Supplies $2,374.6923 $123,484 Service Costs $306.5769 $15,942 Fringe Benefits $93.4615 $4,860 Other Paid Absences $1,526.5962 $79,383 Other Salaries and Wages Facility Maintenance $6.0842 $701,745 Purchased Transportation $0.4777 $812,679 Other Materials and Supplies Vehicle Maintenance $45.4171 $5,238,315 Purchased Transportation $0.4883 $830,805 LubricantsFuel and Vehicle Operations VehiclesPeak MilesRevenue HoursRevenue Supply Variable Unit Cost Rate ($2019)Expenses Annual Object Class -O&M Expense: Function : RPT Bus Operations and Maintenance Cost Model, Base Year 20195Table 5Table variables, is shown in variables. The baseline RPT bus O&M cost model, reflective of year 2019 expenses and supply upply was assigned to one of the three s 5Table combination of object class and function from item -urs, revenue miles, and number of peak vehicles, each linechanges in revenue hoTo create a cost model reflective of 2019 bus service and O&M costs, and that is responsive to effects on facility maintenance and general administration. umber of peak revenue vehicles, which are used as a proxy for system size and N • nnual revenue miles, which largely affect vehicle maintenance; andA • tor costs;nnual revenue hours, which largely affect operaA • level bus O&M cost estimates are:-variables most commonly used for planningestimated based on observed activity, using 2019 as the baseline. The three service supply s and O&M costs; these relationships are causal relationship between supply variable ariables, or “drivers” of costs. The cost model is based on the assumption that there is a ) were used to create unit costs for key service supply vError! Reference source not found.(variable O&M cost model, the actual 2019 expenses from NTD -To begin developing a multi 13 285. These adjustments result First Transit year contract with-new five in costs associated with afor an increase year 2025 to account and2024 between yearcontingency was applied percent annually. Additionally, for the revenue hour unit cost, an extra 5 percent inflated at a rate of 1.5rates are , the supply variable unit cost 6To apply this equation to the forecast year of 202 Miles) + ($35,309.15 x Peak Buses)($2019) = ($58.0558 x Revenue Hours) + ($0.9660 x Revenue Base Bus Service Cost • future bus service in year 2019 dollars: &M costs of level O-Therefore, the following equation can be used to estimate the planning .reported to NTDx 52 Peak Buses) = $10,175,604, the total O&M cost for bus service in 2019, equal to that 338 Revenue Hours) + ($0.9660 x 1,701,252 Revenue Miles) + ($35,309.15 ($58.0558 x 115, • following: Applying these unit cost rates to the actual 2019 service supply variables provides the One peak bus = $35,309.15 • One revenue mile = $0.9660 • One revenue hour = $58.0558 • . In doing so: 5Table from object class line items -miles, and peak buses by summing the costs (2019) from all functionA total supply variable unit cost rate is determined separately for revenue hours, revenue Source: National Transit Database, 2019 Annual Database Operating Expenses 1,701,252 115,338 (2019)Service Supply Variables $35,309.15 $0.9660 $58.0558 $10,175,604 Total $9,135.5192 $475,047 Miscellaneous Expenses $5.8869 $678,979 Purchased Transportation $3,623.2692 $188,410 Casualty and Liability Costs $1,946.1346 $101,199 Utilities $3,360.5769 $174,750 Other Materials and Supplies $4,412.3462 $229,442 Service Costs $941.6923 $48,968 Fringe Benefits $411.4615 $21,396 Other Paid Absences $6,720.5000 $349,466 Other Salaries and Wages AdministrationGeneral 14 286 sRelated Cost-Guideway costs.level BRT O&M -St. Paul) for developing planning-used by Metro Transit (Minneapolisdollars. This is based on a unit cost 600 annually per platform in year 20227,3cost $to is estimated Elevator maintenance tation. sAvenue nd 2 atform at theeastbound plthe as well as sit CenternSaint Marys Tra both the eastbound and westbound platforms three locations:Vertical circulation accounts for ongoing maintenance of elevators at • .station platforms are assumed dollars; 6per station platform in year 202 2$ Based on a survey of peer systems and providers, this cost is estimated at systems. board fare collection -milar to that of offcost of these amenities will be si maintenanceoperations and technologies are yet to be determined, but it is assumed that the totalMayo employees. Given the decision not to collect fares on Link Rapid Transit, these o collect information on ridership by agreement with the Mayo Clinic and are intended tbus passenger counters. These technology amenities are described in the operating -Rider technology amenities include proposed station monitoring equipment as well as • .percent annual inflation rate of 1.5an dollars using 6platform cost, then inflated to year 202-was halved to represent the perstation value -level BRT O&M costs. The Metro Transit per-for developing its planningRapid Transit. Metro Transit uses this unit cost Linkable to those planned for comparPaul) related to the METRO A Line and C Line, two BRT lines with station amenities St. -station station maintenance expenses incurred by Metro Transit (Minneapolis-perstation platforms are assumed. This unit cost estimate is based on actual lars; 1dol 6per station platform in year 202 79,000addressed below. This is estimated to cost $of station platforms, including of all station platform equipment not otherwise Station maintenance includes all activities related to ongoing cleaning and maintenance • Related Costs-Station developing such, are described below.programming. These items, their estimated unit costs, and the assumptions used in Rapid Transit, based on what is currently known about project design and anticipated Linkre estimated for arelated cost line items -guidewayrelated costs and two -Three stationcosts. related -related and guideway-specific reoccurring items, including station-estimates for BRTIn addition to the service component, the updated O&M cost estimate incorporates cost Specific Line Items-BRT3.2 x Peak Buses)$39,187.69 (Miles) + x Revenue 1.08x Revenue Hours) + ($67.65 ) = ($6($202 Base Bus Service Cost • dollars: 6of future bus service in year 202level estimated O&M costs -in the following equation for the service component of the planning 15 287 .7Table Improvements is shown in Please refer to Appendix A: Small Starts Criteria Template. The estimated rating for Mobility MOBILITY IMPROVEMENTS PROJECT JUSTIFICATION CRITERIA Please see Appendix B: SCC workbooks. CAPITAL COSTS $4,945,363 Rapid Transit) LinkTotal Operating Cost ( $750,000 -- 5 $150,000.00 staff (per FTE)Customer experience $38,000 -- 10 -- $3,800.00 intersection)TSP TSP maintenance (per Related CostsGuideway $81,900 -- 3 -- $27,300.00 platform)Vertical circulation (per $86,400 -- 12 $7,200.00 platform)(per amenitiesRider technology $948,000 -- 12 -- $79,000.00 (per platform)Station maintenance Related CostsStation $352,689 -- 9 -- $39,187.69 usesbPeak $278,342 -- 257,724 -- $1.08 ilesmevenue rAnnual 31$2,410,0 -- 35,625 -- $67.65 ourshevenue rAnnual Base Bus Service Costs Transit Rapid Link ProposedExistingProposedExisting Annual Costs Number of Units Unit Cost Cost Drivers ServiceTransit )6Summary of Annual Operations and Maintenance Costs (2026Table below. 6Table million in the opening year. These costs are summarized in approximately $4.osts for Link Rapid Transit are estimated to total c O&MAs previously noted, annual Summary of Operations and Maintenance Costs FTEs.employee (FTE). RPT currently plans to hire an estimated five time -expected to be hired at an average rate (salary plus benefits) of $150,000 per fuller experience staff, Safety and security assistance will be provided by RPT custom • level BRT O&M costs.-St. Paul) for developing planning-(MinneapolisThis unit cost is based on that used by Metro Transit 10 TSP intersections are assumed.dollars; 6TSP intersection in year 20200 per 8TSP maintenance is estimated to cost $3, • 16 288 half mile of a proposed station. -within onehalf mile of the Link Rapid Transit route, and each station area encompasses the area -area within oneand the estimated ratings for Land Use. Throughout this section, the project area is defined as the shows a summary of the quantitative land use data included in the project rating templates 10Table Pedestrian facilities. • Affordable housing provisions. • Parking supply in the central business district. • Corridor and station area character and development. • ing requested information regarding: documentation for the Link Rapid Transit Project area, includDocumentation templates for Small Starts Projects, the following section presents supporting land use As outlined in the Supplemental Land Use and Economic Development Information and Supporting LAND USE Medium 2,639 transit tripsNew weekday linked Congestion Relief RatingEstimated in Rating dValue Use Measure Relief Estimated RatingCongestion 9Table .9Table Effectiveness is shown in Please refer to Appendix A: Small Starts Criteria Template. The estimated rating for Cost CONGESTION RELIEF High-Medium $1.47 Federal cost per rider Cost Effectiveness RatingEstimated in Rating dValue Use Measure iveness Estimated RatingCost Effect8Table .8Table Effectiveness is shown in Please refer to Appendix A: Small Starts Criteria Template. The estimated rating for Cost OST EFFECTIVENESSC -Medium 2,879,810 Annual linked trips Mobility Improvements RatingEstimated in Rating dValue Use Measure Mobility Improvements Estimated Rating7Table 17 289 (Source: Mayo Clinic College of Medicine and Science) Rochester Central Business District Center.the Olmsted County Government Mayo Civic Center, the Rochester Art Center and Civic Theatre, and Minnesota Rochester, and Rochester’s central business district. Other destinations served include the alignment include Mayo Clinic Downtown Campus, Saint Marys Hospital, the University of along thejobs in the Rochester metropolitan statistical area. Major employment centers 123,800percent of the 40Link Rapid Transit provides critical access into and through downtown Rochester and contains , as described in Section 5 of this chapter. pply the region’s affordable housing su half mile of Link Rapid Transit stations. This project also provides excellent access to -jobs within one ,000900 residents and more than 48There are approximately support a major transit investment.in the region and affordable housing, employment, population, and activity centers to enhance equityLink Rapid Transit will provide a critical transportation service in an area with high concentrations of Existing Corridor and Station Area Development 1. -Medium Overall High-Medium 1.94 Affordable Housing Measurement -Medium 0.45 Parking Spaces per Employee -Medium $5.00 Parking Cost per Day (CBD) -Medium 5,287 Average Population Density -Medium 49,017 Employees Served by the System RatingEstimated Value Used in Rating Measure : Estimated Land Use RatingsTable 18 290 calculated using 2020 American Community Survey data and have increased since the 2020 submittal. submittal are minimum; however, the housing units were since 2018 and therefore changes from the 2020 these data were also used for 2040 population and employment estimates. These data have not been updated Note: Population and employment values were calculated using the most recent available TAZ data because 5,132 1,779 530. 3, 2, Street th 6 7,191 4,817 3 5,190 2,378 1,593 Civic Center 5,557 3,426 210. 6,2532 1,184 Avenue nd 2 1811,0 4,493 0.34 1, 3,767 1,536 Avenue th 6 27 17 0.50 1,3171 2,853 1,204 Transit CenterSaint Marys 4, 1, 0.56 2,435 1,088 Avenue th 19 04 1, 0.72 11,73 VillageWest Transit Square Mile)(People per Density Population Square MileUnits per Housing Miles)(Square Land Area Employment Population UnitsHousing Station Demographic Measures by Station AreaTable .6Figure , and 5Figure , 4Figure , 3Figure employment densities in the project area are shown existing demographic characteristics for each station area. Existing and future population and shows 11Table use development in these areas. -transit will further promote dense, walkable, mixedestablished travel patterns will encourage ridership growth over time. In turn, improved access to of land uses and use development. The existing mix-density and mixed-station areas promotes higher21,800 vehicles and serving approximately 13,000 transit riders each day. Planned zoning in the uses. 2nd Street SW is a busy transportation corridor, carrying approximately and institutional landStreet SW, surrounded primarily by residential, commercial, nd Link Rapid Transit will operate along 2 19 291 Existing Station Area Population Density: 3Figure 20 292 Existing Station Area Employment Density4Figure 21 293 2040 Station Area Population Density5Figure 22 294 2040 Station Area Employment Density6Figure 23 295. The 7 the street. Building footprints for each West Gateway station area are shown inseparated from the sidewalk by surface parking lots, while newer projects are immediately adjacent to lder developments are often commercial development and apartment buildings. Osuch as , SW nd on 2 intensity uses-family homes with large front yards that are separated from higher-singlet to the homes, businesses, and other developments they serve. Much of the area consists of 21st century. Parking in this area is a dominant feature that is primarily provided in surface lots and early th Urban design in the West Gateway is typical of developments constructed in the late 20 stores, Cascade Lake Park, and Zumbro West Park. retailstation provides access to the Shorewood Senior Campus housing development, small restaurants, th and GrandeVille at Cascade Lake multifamily developments. The 19on Second Woodridge er of the area. The West Transit Village station is near the density uses in the remaind-are lowerStreet SW and there nd scale commercial uses; the most intensive uses are immediately adjacent to 2-Land use in this segment of the project area is predominantly residential with some neighborhoodAvenue station areas. th Transit Village to Highway 52 and includes the West Transit Village and 19The West Gateway is defined as the portion of the Link Rapid Transit route extending from the West Development s andway Station AreaWest Gate: 7Figure West Gateway Station Areas 2.1. each of the station areas for the Link Rapid Transit Project.The following section describes the development and land use features that are characteristics of Development CharacterExisting Station Area 2. 24 296 )Rent.comSource: ( GrandeVille at Cascade )Source: Woodridge on Second( Apartmentson Second Woodridge bench seating.scale lighting, permeable façades, and -streetscape is enhanced by a planted median, pedestrian 25 297 )Med City BeatSource: ( Cascade Lake Park )Shorewood Senior HousingSource: ( Shorewood Senior Housing 26 298 brick façade with visual interest added by articulations and variety in the color of materials used. North ospital includes a landscaped front lawn and a building façades that front the street. Saint Marys Hredeveloped areas adjacent to Saint Marys Hospital are generally of an urban nature, with permeable use streetscapes, newly -In keeping with the City of Rochester’s plans for walkable, mixed development.Apartments rise residential properties, including the Berkman -format retail businesses, and high-and medium -, sm)Error! Reference source not found. Error! Reference source not found.( multiple new hotelsuse redevelopment, including -oriented land uses have given way to dense, mixed-Avenue, autos. Between Highway 52 and 9th served by the station is Mayo Clinic Saint Marys Hospital campuretail and residential developments, and legacy residential neighborhoods. The major activity center Marys Transit Center station area includes a mix of institutional uses, rapidly densifying The Saint Marys Transit CenterSaint .8Figure portion of the route are shown inprovided in the following sections. Existing building footprints in the City Corridor each station is development along the corridor is beginning to occur. A detailed description of land uses proximate to density -higherland uses north and east of Saint Marys Hospital are primarily residential, though Avenue and 9th Avenue. Existing Hospital campus, located south of 2nd Street SW between 14th station areas. The Saint Marys Transit Center station area is largely composed of the Saint Marys The City Corridor segment of the route encompasses the Saint Marys Transit Center and 6th Avenue : City Corridor Station Areas and Development8Figure City Corridor Station Areas 2.2. 27 299 Mayo Clinic) (Source: Saint Marys Hospital Street Inn & Suites, and the Gift of Life Transplant House. nd House, 2ld McDonald term accommodation needs, including the Rona-and long -serve visitors with shortinclude several lodging options to sstation areaAvenue th Both the Saint Marys Transit Center and 6 family homes as well as the City of Rochester’s Kutzky Park. -ily by singleprimarStreet SW, the remainder of the station area includes residential neighborhoods composed nd of 2 28 300 (Source: Agoda) Homewood Suites Travel Weekly) (Source: Courtyard by Marriott Rochester Mayo Clinic Area/Saint Marys 29 301 RMH Rochester, Minnesota) (Source: Ronald McDonald House and landmarks such as the Mayo Foundation House. family neighborhoods, institutional uses including churches and dental offices, -developments, singleo small apartment The station will also provide access t House, Charter House, and multiple hotels.Hands of Compassion term accommodation needs, including the Rochester Friendship House, -longand -with shortand patients o includes several lodging options to serve visitors The station area als scale retail.-neighborhoods, small apartment developments, and neighborhood residentialurban and landscaped medians. The remainder of the station area largely consists of traditional lot line developments, street trees, -form with zerostreetscape assumes a denser, urban commercial that enhance pedestrian interest. East of 6th Avenue, the most intensive uses are found, and the buildings are set back from the sidewalk and incorporate few features, such as permeable facades, Avenue, most th featuring a broad range of urban design characteristics. On 2nd Street SW west of 6ntown campus, uses, several small churches, and institutional uses associated with Mayo Clinic dowdensity residential areas, limited commercial -to high -Avenue station area encompasses low th The 6 Avenue th 6 )Star TribuneSource: ( Berkman Apartments 30 302 .9Figure each of the downtown core station areas are shown incare, office, and retail uses, as well as hospitality and parklands. Building footprints for medical/healthdensity and includes residential, -station areas. Land use in this area is typically high Street th 6Avenue, Civic Center, and nd The downtown core portion of the route encompasses the 2 Downtown Core Station Areas 2.3. rce: Groundspeak, Inc)Mayo Foundation House (Sou 31 303 quality pedestrian environment.-and seating all contribute to a high; parking is confined primarily to structures. Wide sidewalks, plentiful lighting, landscaping, facadesimmediate area surrounding the station is largely modern, with a mixture of prominent glass and brick density residential neighborhoods. Architecture in the -to medium -community facilities, and lowcluding retail and commercial corridors, parks and that gradually transition to less intense uses, inUrban form in the station area ranges from commercial and residential towers in the core of downtown and office buildings, restaurants and hotels, and large apartment developments.uses include commercial Rochester’s central business district. These dense, diverse downtown land Rochester, and other destinations within —Mayo Clinic downtown campus, University of Minnesota Avenue station area encompasses many of Rochester’s largest activity centers, including nd The 2 Avenue nd 2 Downtown Core Station Areas and Development9Figure 32 304 photography.us)-abSource: ( Thursdays Downtown, Rochester )Source: Mayo Clinic( Mayo Downtown Campus 33 305 )TSP Source:( Mayo Civic Center lighting, and seating. scale -quality, with wide sidewalks, street trees, pedestrian-pedestrian environment is typically highstructures. The predominantly glass facades. Parking in the station area is primarily provided in story brick buildings and modern structures with -to four -design in the area includes twoo encompasses a variety of commercial uses, including hotels and restaurants. Urban station area alsMayo Park, and Mayo Civic Center. The Rochester, —University of Minnesota Rochester Art Center,station area serves several civic institutions including the Rochester Public Library, Civic CenterThe Civic Center 34 306 )Source: The Minnesota Daily( Rochester—University of Minnesota )Source: Experience Rochester( Rochester Art Center 35 307 )Source: Klein McCarthy Architects( Olmsted County Government Center a positive pedestrian experience.Sidewalks, low traffic volumes, and street trees throughout this portion of the station area contribute to taurants, an elementary school, and churches. residential with supporting uses including small resdensity -street landscaping, are lacking. In the greater station area, most development is lowscale lighting and -that separate buildings from the street, and pedestrian amenities, such as humanking lots oriented with par-vehicular travel lanes. Most development near the station area is automobilesurface parking lots are located near the station site, and sidewalks lie immediately adjacent to wide Several underused sites that are prime for redevelopment. and provides convenient access to 1.1,Economic Development Section Downtown Waterfront Southeast Master Plan area, as described inSunnyside neighborhoods just south of downtown Rochester. The station is located at the heart of the the Slatterly Park and s well asstation serves the Olmsted County Government Center a Street th 6The Street th 6 36 308 nditions are shown in the photos below.Village to Highway 52. These existing pedestrian colane roadway. Bicycle lanes are also present along both sides of the street from the West Transit -fourAt some intersections, planted medians provide pedestrian refuge areas for individuals crossing the . of the street, with decorative landscaping, tinted pavement, and signed crosswalks in many locationsPedestrian facilities in the West Gateway section of the alignment consist of sidewalks on both sides Existing Pedestrian Conditions 3.1. ting and signals.compliant curb ramps, and adequate ligh-marked crossings, ADAPortions of the corridor have been recently reconstructed with upgraded streetscaping, with clearly tire length of the Link Rapid Transit corridor features sidewalks on both sides of the street. the enand improving pedestrian connections to major destinations. Befitting the urban character of the area, other locations. As such, Link Rapid Transit station area planning and design emphasized maintaining Avenue station, and nd West Transit Village, 2well as riders who transfer from other bus routes at the Street SW corridor, as nd up riders along the 2-Link Rapid Transit is expected to draw primarily walk Existing Station Area Pedestrian Facilities 3. 3rd Avenue & 6th Street pedestrian environment 37 309 onditions cedestrian pWest Gateway onditionscedestrian pWest Gateway 38 310 onditions cedestrian pCity Corridor onditions cedestrian pCity Corridor .beloworridor segment are shown in the City Csidewalks, planted parkways, and occasional decorative pavement treatments. Pedestrian conditions as Saint Marys Hospital, demonstrate increased attention to the pedestrian realm, with wider However, recent developments in this area, as well through businesses.-cuts for driveways and drivefriendly, with occasional curb -sides of 2nd Street SW. Some land uses in this area are less pedestrianPedestrian facilities in the City Corridor section of the alignment also consist of sidewalks along both 39 311 Downtown Core Pedestrian Conditions onditionscedestrian pwntown Core Do These existing pedestrian conditions are shown below. other planned development will contribute to a more safe and comfortable pedestrian environment. pedestrian amenities. However, the project will add new pedestrian connections to the station, and station is currently less welcoming because of the proximity to vehicle traffic and relative lack of Street th 6pedestrian environment around the The lighting, and specially designed bus shelters and plazas. idewalks and crosswalks, ornamental pavement and walkable central business district, with wide sMost pedestrian facilities in the Downtown Core section of the alignment are typical of a dense, 40 312 2.pdf-10/Olmsted%20ADA%20Transition%20Plan%20FINAL%20PLAN_2018_12_11%20rev%202019_01_11-https://www.olmstedcounty.gov/sites/default/files/2020Olmsted County Public Works Department ADA Transition Plan: 13 plan.html-system-bicycle-https://www.dot.state.mn.us/bike/statewide: (2016) Statewide Bicycle System Plan 12 https://www.dot.state.mn.us/minnesotawalks/index.html: (2021) Minnesota Walks Statewide Pedestrian System Plan 11 plan-transportation-multimodal-plans/statewide-about-http://minnesotago.org/learn: (2017) Statewide Multimodal Transportation Plan 10 http://minnesotago.org/Minnesota GO family of plans: 9 . https://www.dot.state.mn.us/ada/transitionplan.htmlADA Transition Plan: MnDOT 8 with ADA standards. improvements to complyfacilities that require maintaining an inventory of all pedestrian and has committed to 13 2018Plan in eted an ADA TransitionDepartment compl Similarly, the Olmsted County Public Works • 12 and Bicycle System Plan. 11,PlanSystem Pedestrian 10,Transportation Plan which includes the Statewide Multimodal 9 guided by the Minnesota GO family of plans, and updated in 2014. MnDOT is also 8 MnDOT’s ADA Transition Plan was adopted in 2010 • accessible for all users.transportation The Minnesota Department of Transportation (MnDOT) is committed to making policies, and programs supporting Complete Streets and full compliance with ADA standards.The State of Minnesota, Olmsted County, and the City of Rochester have each developed plans, Supportive Policies and Plans (Source: Apartments.com) rd Village on 3 41 313 who pay a rate of $10.00 per day in Mayo Clinic ramps or can purchase discounted passes for longer stays.It should be noted that a significant portion of CBD parking is available to Mayo Clinic patients and visitors, 17 map.html?page=1-subway-pedestrian--skyway-rochester-https://pdfslide.net/documents/downtowny map: Rochester Skyway and Pedestrian Subwa 16 update-plan-rocog/2045-governments-council-olmsted-commissions/rochester-boards-https://www.olmstedcounty.gov/government/countyRange Transportation Plan: -ROCOG 2045 Long 15 https://www.rochesterm n.gov/home/showdocument?id=23468ADA Transition Plan (2013): Rochester Public Works 14 .12Table summarized inmeasures are These 17 in municipal lots and structures can range from $154 to $224 per month.the Rochester CBD, or 0.45 spaces per employee. The average parking cost per day is $5.00; parking spaces within residential and commercial development. Currently, there exist a total of 18,610 parking intensity -surface parking has been declining as surface lots have been replaced by new highin downtown Rochester is beginning to change rapidly. The supply of public The parking supply Central Business District Parking Supply 4.1. developments.including proximity to transit service and opportunities for shared parking between Downtown Parking Overlay Zone to allow flexibility in parking requirements based on factors Oriented District zoning designation and a-The City of Rochester has created a Transit • opportunities.Surface parking lots in the Rochester CBD are being contemplated as key redevelopment • ).12Table parking cost and low on parking supply (low on -Per FTA land use criteria, the Link Rapid Transit Project receives a score of medium • supply of parking, which will encourage ridership on its transit system.licies to limit the project area with the highest employment base, and the City is implementing posubstantial incentive to ride Link Rapid Transit Project. The Rochester CBD is the portion of the d supply of parking in the Rochester Central Business District (CBD) provides a The cost and limite Existing Station Area Parking Supply 4. and signals. compliant sidewalks, crosswalks,-including to maintain or improve pedestrian facilities, that undergo full reconstruction will be rebuilt . In addition, any sections of 2nd Streetstandards compliant-stations will be constructed to ADA sidewalks, curb ramps, and pedestrian crosswalks Rapid Transit Project, all LinkAs part of the 16 district. Downtown Campus and surrounding business connecting much of the Mayoskyways aboveground underground pedestrian subways and has an extensive network ofRochester also pedestrian accommodations, downtown level-In addition to traditional street • improvements. as a particular locus for nonmotorized travel identifies downtown Rochesterpolicies and region’s commitment to Complete Streets which affirms the entire 15 Plan,Transportation Range-Long 5Olmsted Council of Governments (ROCOG) 204-RochesterTransportation investment in both Olmsted County and the City of Rochester is guided by the • 14.The City of Rochester Public Works Department completed its ADA Transition Plan in 2013 • 42 314 High-Medium 1.94 Affordable Housing Ratio Rating Value Criterion : Estimated Affordable Housing RatingTable elopment sections.project area are described in the Economic DevRecent and upcoming affordable housing developments in the ).14Table high (-level to mediumthis rating is boosted one five percent of Olmsted County units are legally binding affordable housing,criterion; however, because more than -ratio would net a medium rating for the affordable housing subousing, yielding a relative affordable housing ratio of 1.94. On its own, this legally binding affordable haffordable housing. More than 3,800 of the 69,000 units in Olmsted County overall (5.5 percent) are of the 8,100 housing units in the project area (10.7 percent) are legally binding More than ounties served by the project. identified as affordable within the county or clegally binding affordability restricted housing in the project area to the overall percentage of housing The rating criterion related to the current affordable housing supply compares the percentage of ix F.the numbers provided is included in AppendCommissioner for Multifamily at Minnesota Housing. A signed certification verifying the accuracy of Affordable housing data reported in the quantitative land use template were provided by the Assistant 5.5% 3,808 69,270 Olmsted County 15.1% 5,714 Project Area Percent Affordable FTA)Units (as defined by Affordable Housing Housing UnitsTotal Number of Affordable Housing Units in the Link Rapid Transit Project Area and Olmsted CountyTable .13Table listed in the project area. Supporting data used to inform measures of current affordable housing supply are ffordability restricted housing in shows the location of legally binding a 10Figure affordable housing. The City of Rochester is committed to supplying and fostering the development and preservation of Existing Affordable Housing 5. -Medium 0.45 rking Spaces per EmployeePa -Medium $5.00 Parking Cost per Day Rating Value Criterion Central Business District Parking Cost and Supply CriteriaTable 43 44. 15Table development ratings based on these documents are summarized inof these land use and housing plans, policies, and other documentation. Estimated economic es in proposed Link Rapid Transit station areas. The following presents a synthesis and dense land ussupportive development through promotion of walkable, active, -designed to support transit and transitother cities with increasing populations, Rochester has created several plans and policies that are pid Transit Project area. Similar to sustainability, and improved transportation options in the Link RaThe City of Rochester oversees land use planning which supports economic development, proposed station.half mile of a -Transit route, and each station area is defined as the area within oneLink Rapid half mile of the -affordable housing around transit. The project area is defined as the area within onesupportive development and -Rapid Transit Project area and throughout the region to promote transitare advancing or have adopted in the Link policies that the City of Rochester and Olmsted CountyDocumentation Templates for Small Starts Projects, this section provides an overview of the tools and Following the Supplemental Land Use and Economic Development Information and Supporting DEVELOPMENTECONOMIC Affordable Housing in the Project Area: 10Figure 4 316 update-plan-rocog/2045-rnmentsgove-council-olmsted-commissions/rochester-boards-https://www.olmstedcounty.gov/government/county: (2020) n PlanROCOG 2045 Long Range Transportatio 18 COUNTY OLMSTED scenario.Transit as a project in its fiscally constrained identifies Link Rapid Olmsted County and the future of all modes of transportation in The Long Range Transportation Plan addresses 2020 18 Range Transportation PlanGovernments 2045 Long Olmsted Council of -Rochester OLMSTED COUNCIL OF GOVERNMENTS-ROCHESTER Summary AdoptedYear Plan or Policy Document Supportive Policies and Plans-: TransitTable .16Table hout this section are summarized in All plans and policies referenced throug. Downtown Waterfront Southeast Master Planand the , (referred to as the TOD Plan) ning StudyPlanOriented Development -Transit New Rapid Transit For a Growing, Equitable Rochester:, 2040Rochester Comprehensive Plan Planning 2 Succeed:, Medical Center (DMC) Development PlanDestination , Integrated Transit Studies, Downtown Master Planplanning initiatives including the The City of Rochester has demonstrated continued support for transit investments in the City through Supportive Policies and Plans-Transit1. High-Medium Overall High-Medium ordable Housing in the CorridorTools to Maintain or Increase Aff Medium Potential Impact of Transit Project on Regional Development High-Medium Supportive Plans and Policies-Performance of Transit High Supportive Plans and Policies-Tools to Implement Transit High-Medium near TransitSupportive Zoning High-Medium and Policies Supportive Plans-Transit Estimated Rating Criterion Estimated Economic Development RatingsTable 5 4 317 https://www.rochestermn.gov/home/showdocument?id=24222Planning 2 Succeed: Rochester Comprehensive Plan 2040 (2018): 23 studies-transit-studies/integrated-transit-related-works/dmc-https://ww w.rochestermn.gov/government/departments/publicIntegrated Transit Studies (2018): 22 https://www.rochestermn.gov/home/showdocument?id=23468Rochester ADA Transition Plan (2013): 21 https://www.rochestermn.gov/home/showdocument?id=5154Downtown Master Plan (2010): 20 10/Olmsted%20Rochester%20Bicycle%20Master%20Plan.pdf-https://www.olmstedcounty.gov/sites/default/files/2020Roc hester Area Bicycle Master Plan (2012): 19 and affordable housing options throughout the city.nable transportation continued investment in sustaiComprehensive Plan highlights the need for life including housing and transportation. The the next 20 years, addressing all aspects of urban community goals for the city’s development over r Comprehensive Plan 2040 identifies The Rocheste 2018 23 Comprehensive Plan 2040Planning 2 Succeed: Rochester operations, and street use in downtown Rochester.use trail, parking, street -proposed City Loop sharedof a set of five studies addressing transit, the Studies (ITS) report consists The Integrated Transit 2018 22 Integrated Transit Studies framework for implementing these changes.compliant, and establishes a -sidewalks to be ADAramps, accessible pedestrian signals, and infrastructure to identify needed upgrades for curb c The ADA Transition Plan evaluates publi 2013 21 ADA Transition Plan planned for the area.these districts and support the transit investments development density to facilitate the creation of downtown Rochester, calling for increased d arts district around district and a riverfront an -mixedlays a foundation for the creation of a implementation plan to address these. The plan downtown Rochester and establishes an mobility needs and development opportunities in The Rochester Downtown Master Plan describes 2010 20 Downtown Master Plan ROCHESTERCITY OF recreational activity in the greater Rochester area.bicycling as a mode of transportation and approaches that may be implemented to promote potential infrastructure improvements and policy The Rochester Area Bicycle Master Plan identifies 2012 19 PlanRochester Area Bicycle Master 6 4 318 https://www.rochestermn.gov/home/showpublisheddocument/36137/637945269617870209Draft Active Transportation Plan: 27 51cc3e77cf447866dd5043e7c2dac74b/63848/RochesterMN_RiverfrontSmallAreaPlan. pdfws.com/mysocialpinpoint/uploads/redactor_assets/documents/9053f45cf792f30c450398b084e76b0b2.amazona-west-us-https://s3all Area Plan: Riverfront Sm 26 https://www.rochestermn.gov/Home/Components/T opic/Topic/11509/3986?seltag=1Downtown Waterfront Southeast Master Plan (2021): 25 637342159342600000https://www.rochestermn.gov/home/showpublisheddocument/29040/Oriented Development Planning Study -New Rapid Transit for a Growing, Equitable Rochester: Transit 24 process recommendations that address topics bike network. The plan also includes policy and lities development of the City’s All Ages and Abi potential near term projects that would advance infrastructure improvements, including identify priority areas for pedestrian and bike establishes a set of recommendations that The draft Active Transportation Plan 2022 27 Active Transportation Plan .people of all abilitiesfor and enhance access to the river resources,integrate existing historic open space,and use development -mixedthe site to incorporate The plan will guide transformation of downtown. sites to the east and south of underused s two redevelopment of 5.5 acres acrosThe Riverfront Small Area Plan will guide 2022 26 Riverfront Small Area Plan into valued uses that add vibrancy.value properties -redeveloping underutilized, lowprice points; and growing the tax base by ons at a variety of creating more housing optitransportation options to area employment; surrounding neighborhoods; increasing etail that serves the equity by reintroducing rcore. The plan is intended to increase economic acre area southeast of Rochester’s downtown of a 60+ Plan was created to guide developmentSmall Area The Downtown Waterfront Southeast 2021 25 PlanSmall Area Southeast Downtown Waterfront destrian and bicycle network.quality pe-density land uses and a high-includes diverse highlays out a vision for rapid transit station areas that for TOD, identifies implementation strategies, and Study (the TOD Plan) establishes design guidelines ning Oriented Development Plan-TransitRochester: or a Growing, Equitable fNew Rapid Transit 2020 24 ning StudyPlanOriented Development -TransitGrowing, Equitable Rochester: or a fNew Rapid Transit 7 4 319 content/uploads/2020/12/DMC_5YearUpdate_DRAFT_Nov30_FINAL_WebFile.pdf-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencode Forward: Creating Rochester’s Future. Destination Medical Center Development Plan 2020 Update. 30 Book_FINAL.pdf-Guidelines-Design-oads/2015/08/20170605content/upl-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencodeMedical Center Design Guidelines (2017): Destination 29 Plan.pdf-Development-content/uploads/2018/07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDestination Medical Center Plan (2015): 28 spurred by the recognition of an “Education term growth. The plan was -vision for longyear period and set a -development for a 10Envision UMR was created to guide campus 2014 Envision UMR ROCHESTER (UMR)—MINNESOTAUNIVERSITY OF completed from 2020 to 2024.and outlines major projects in this realm to be transit, pedestrian, and bicycle infrastructure reaffirms the importance of investment in development and public projects. The update ng private made toward the plan’s goals includi Center Development Plan reports on progress The 2020 update to the Destination Medical 2020 30 2020 UpdateCenter Development Plan Forward: Destination Medical development projects.ditional design standards for certain and adstreetscape guidelines, building design standards, contribute to a dynamic downtown, including DMC and help implement projects that will Guidelines were created to shape the growth of the The Destination Medical Center (DMC) Design 2017 29 GuidelinesDesign Destination Medical Center development to support this investment.oriented -transitway and calls for transitStreet SW as a corridor for implementation of a transportation, and more. The plan identifies 2nd ket conditions, infrastructure, addresses mardestination. The DMC Development Plan for implementation of the DMC, a global medical serves as a strategic business plan and framework Development Plan is a comprehensive plan that The Destination Medical Center (DMC) 2015 28 Development PlanDestination Medical Center DESTINATION MEDICAL CENTER (DMC)development, and infrastructure evaluation. including ADA improvements, network 8 49 320 Plan. The Central Development Core is intended to encompass the highest concentration of identified in the Comprehensive e Central Development Core areaCenter stations fall within thAvenue and Civic nd The 2stations. Street th 6Avenue, Civic Center, and nd encompassing the 2The Downtown Core extends from 5th Avenue to the Downtown Waterfront Southeast area, Downtown Core Station Areas roughout this area.for diversification and intensification of land uses thSupportive Corridor in the Comprehensive Plan. This designation will allow -designated as a TransitTransit Center station to the 6th Avenue station. Like the West Gateway, this segment of the route is The City Corridor is defined as the portion of the Link Rapid Transit route extending from Saint Marys City Corridor Station Areas density of at least 25 jobs and residents per acre. sities of 15 to 30 units per acre are expected, resulting in a combined 1.0 to 2.0, and residential denSupportive Corridors range from -encouraged in the area. Permitted floor area ratios (FARs) in Transituse configurations along 2nd Street SW. Infill development and redevelopment are -horizontal mixedelopment in vertical and Corridor, calling for a variety of commercial, residential, and employment devSupportive -Transit Village to Highway 52. The Comprehensive Plan designates this area as a Transitdefined as the portion of the Link Rapid Transit route extending from the West The West Gateway is West Gateway Station Areas use features that are complementary to transit.modality, and to reduce auto dependency. Moreover, each station is within or adjacent to land -multiimprove transit accessibility, station area development, and Each station is strategically placed to appropriate.basis, using the Comprehensive Plan goals and relevant small area plans as a framework as project -by-Application of the higher range of densities for new development is considered on a project. oriented development is planned, zoned, and encouraged-use transit-friendly, mixed-pedestrian-Oriente d Corridors or part of the Central Development Core. In these areas, high-as Transit. All Link Rapid Transit stations are in areas that are zoned 11Figure throughout the city, as shown inOriented Centers -Use Transit-or, and several Mixedcity to downtown, the 2nd Street SW corridparticularly in downtown and adjacent neighborhoods. The Comprehensive Plan directs growth in the quality transit as well as investment in pedestrian improvements, -intensity that supports frequent, higha level of encourages development at 2040 Planning 2 Succeed: Rochester Comprehensive Plan Planning 2 Succeed: Rochester Comprehensive Plan 2040 the corridor have been reduced. Specific plans and policies are discussed below.intensities and parking requirements in Zoning policies allow for a broader range of uses at greateroriented development and redevelopment downtown and along the Link Rapid Transit corridor. -and adopted several initiatives aimed at encouraging transitcreated The City of Rochester has Plans and Policies to Increase Corridor and Station Area De 1.1. District.opportunities for partnerships in the Education within the Education District and identify physical planning of buildings and open spaces goals of the plan are to create a guide for he District” at the south end of downtown. T 5 321 opment centered on 2nd Street SW from the West Transit Village to Highway 52. As described develIn the West Gateway, the TOD Plan anticipates a mixture of dense residential, retail, and office forecasts, and the opportunity presented by the project.provide conceptual plans based on existing context, development opportunities, market demand 20, Rapid Transit station areas. These plans, adopted in 20Link establishes a vision for each of the Oriented Development (TOD) to conduct a TOD planning process, resulting in a TOD Plan that -ester was awarded a grant through the FTA Pilot Program for TransitIn 2019, the City of Roch , 2020ning StudyOriented Development Plan-Transit Future Land Use in the Project AreaFigure possible, and implement pedestrian and bicycle amenities where traffic associated with developmenthicular consider the role that travel demand management measures can play in reducing vesite parking, -improvements to downtown transit infrastructure, minimize the need for onthe range of 40 to 80 units per acre. Developments will also be expected to accommodate from the Downtown Core increases. FARs of 2.0 to 6.0 are desired, with residential densities in mixed use development is encouraged, though land use intensity should decrease as distance ore and adjacent lower intensity residential neighborhoods. Vertical intensive Downtown CPlan. The Downtown Fringe area is intended to provide a gradual transition between the more station is located in the Downtown Fringe area identified in the Comprehensive Street th 6The encouraged in the Central Development Core.s are and densities exceeding 200 units per acre may be considered. Vertical mixed useconditions are met. Residential densities of 50 to 200 dwelling units per acre are appropriate, ories. Greater FARs and heights are permitted provided that certain development 20 stemployment, activities, and uses in the city, permitting FARs of 4.0 to 12.0 and heights of up to 0 5 322 (Source: City of Rochester)Rendering of Zumbro River enhancements feet of office space per square mile. 556,000 to 833,000 square il; and 16,000 housing units; 778,000 to 1.1 million square feet of retasquare mile area, this translates to a density of over -space from 2020 to 2040. Across the 0.09ooms; 70,000 to 100,000 square feet of retail space; and 50,000 to 75,000 square feet of office rThe DWSE SAP anticipates demand for construction of 1,500 new housing units; 140 hotel district that embraces economic, social, and environmental health.use urban -the DWSE SAP include design and policy strategies that can help create a mixedponents of clearer goals and guidelines for developing the study area. Detailed com establishto the City of Rochester’s Comprehensive Plan builds onDWSE SAP, approved in 2021, SE to the east. The nueSE to the south, and 3rd Ave reetto the west, 9th St Avenue oadwaySE to the north, S reetlocated southeast of the downtown core and bounded by 4th StSmall Area Plan (DWSE SAP) is a 60+ acre study area outheastThe Downtown Waterfront S , 2021PlanSmall Area Downtown Waterfront Southeast nt opportunity sites to market.landowners to bring redevelopmeprioritization of development on vacant sites and surface parking lots and collaboration with The TOD Plan also outlines strategies to implement the vision defined in the report, including l uses throughout the station area.retail, Mayo Clinic/healthcare, office, and hoteunderused sites, and the TOD Plan calls for a mix of intensive development including residential, station is proximate to several Street th 6developed area with a diverse mix of dense uses. The -a wellich is Avenue and Civic Center stations serve downtown Rochester, wh nd In the Downtown Core, the 2 the hospital with the greater bikeway network.tation and to sconnection that would improve connectivity to the Saint Marys Transit Center entions a planned bikeway 11th Avenue SW and new sidewalk connections. The plan also mMarys Park to the intersection of 2nd Street and .use path connection from St-including a multiThe TOD Plan recommends improvements for pedestrian and bicyclist safety and connectivity treet SW. S nd would serve riders on 2 station Transit Center sIn the City Corridor the Saint Mary Avenue stations. residential, retail, hospitality, and healthcare uses around the Saint Marys Transit Center and 6th Street SW will be transformed with a dense mix of nd in the Travel Forecast Results Report section, 2 1 5 323.square mile, netting an increase in density of 2,470 to 3,480 units per2,200 to 3,100 units of housing•1,304 hotel rooms, an increase of 47 percent from the existing 2,794 hotel rooms downtown.•.00 square feet of life sciences space per square mile842,000 to 1,403,0, netting an increase in density from750,000 to 1,250,000 square feet of space for life sciences•.density of 280,000 to 673,000 square feet of office space per square mile, netting an increase ineet of office space in downtown Rochesterexisting 421,750 square f, an increase of 60 to 140 percent from the250,000 to 600,000 square feet of office space•.to 1,122,000 square feet of research space per square mile, netting an increase in density of 730,00000,000 square feet of research space650,000 to 1,0• as presented in the plan; existing quantities have been provided 4from 2014 to 203square mile central business district -in the 0.9development new The DMC Development Plan anticipates demand for the following able transportation options. mixed land uses and sustaindensity -noted above, the 2020 update to the plan reaffirms the need for investment in highinto recommendations regarding transportation, livability, and economic development. As sustainable, and intensification of uses is woven in creating a livable city that is walkable and Saint Marys Hospital campus. A key theme throughout the plan is the role that land use plays institutional uses in the downtown area and a mixture of hospitality and retail uses around the l, commercial, and ), specifically calling for dense residentiaFigure DMC District (more information about this initiative). The plan calls for a diverse mix of uses throughout the infrastructure projects are implemented in support of the DMC (see the Project Narrative foThe DMC Development Plan applies to the DMC District, which is the area in which public Corridor portion of the route and the entirety of the Downtown Core segment. much of the City The Destination Medical Center (DMC) Development Plan, adopted in 2018, encompasses Destination Medical Center Development Plan and 2020 Update .the Cityin snew development will support economic development and livability goalconnections. This enhanced trail and ;accommodate entrepreneurial activities and local market usesscale commercial space that will -use development across the sites, including small-mixed500,000 to 700,000 square feet of new ;ive reuse of these buildingsadaptplan anticipates The vacant Red Owl Grocery and Time Theater, both of which were constructed in the 1930s. SE. Both sites are currently used primarily for parking. The western site also includes the ed County Government Center and north of 4th Street eastern site is located east of the Olmstacre -The three 4th Street SW and spans from Broadway Avenue S to the Zumbro River.extends from 2nd Street SW to acre western site-2.5underused sites totaling 5.5 acres. The owned -Cityestablishes a vision for two , adopted in 2022,The Riverfront Small Area Plan Riverfront Small Area Plan 2 5 324 cycle Master Plan, 2012Rochester Area Bi Olmsted County Area DevelopmentFriendly Character of Corridor and Station -Regional Plans and Policies to Enhance Transit 1.2. partner with UMR to initiate development. and other local public and private entities will have the opportunity to Mayo Clinicwhere and “partnership” sites instructional buildings, research laboratories,Planned uses include area ratio of 1.4. -near Soldiers Memorial Field Park. This development would yield a floorstory buildings -to four -treet, stepping down to threeS th story buildings along 6-to eight -sevenaccommodate approximately 587,000 gross square feet of development that will include Zumbro River to the east. The master plan anticipates that at full buildout, the district can Drive to the south, and the Field Avenue SW to the west, Soldiers nd Street SW to the north, 2 th ly bounded by 6rougharea acre “Education District,” an -Envision UMR addresses the Envision UMR : Link Project Area and Destination Medical Center DistrictFigure 3 5 325 https://www.rochestermn.gov/home/showpublisheddocument/29040/637342159342600000TOD Plan: 33 https://www.rochestermn.gov/home/showdocument?id=5154Downtown Master Plan (2010): 32 10/Olmsted%20Rochester%20Bicycle%20Master%20Plan.pdf-https://www.olmstedcounty.gov/sites/default/files/2020Rochester Area Bicycle Master Plan (2012): 31 rances; and designing attractive facades with features such as reliefs and balconies. building entlocating active uses on the ground floor to enhance pedestrian interest; maximizing the visibility of pedestrian realm while retaining space for active uses such as restaurants and hotel entrances; quality -ectly face streets and support a highThese include placing buildings to dir 33 in the project area.friendly character of development -The TOD Plan establishes design guidelines to promote the transit Oriented Development Plan-Transit a mix of retail, restaurants, offices, and residential uses.arts uses with investment in Olmsted Government Center area. This district will build on existing civic, cultural, and -the RochesterAvenue, encompassing the area around the Mayo Civic Center and Rochester Art Center as well as trict lies east of Broadway floor uses. An arts/cultural dis-uses as well as offices and active groundapproximately 6th Avenue to 1st Avenue and is intended to focus continuing growth of healthcare Street SW, a medical/clinical district extends from nd Rochester needs. North of 2—Minnesoffice, research, and academic uses in support of Mayo Clinic operations as well as University of Avenue to 1st Avenue and includes the highest mix of th research district spans from approximately 6ce uses. South of 2nd Street SW, an educational and level residential and small commercial offi-upperfloor retail growth and -Avenue with a focus on ground st use district along 1-The plan calls for a mixed friendly downtown street environment.-and transit -benches to create a lively, pedestrianet trees and development. The Downtown Master Plan also calls for pedestrian amenities such as streoriented -economically healthy downtown with a diverse mix of land uses that are supportive of transitadopted in 2010, establishes a vision for a vibrant, 32 Master Plan,The Rochester Downtown Downtown Master Plan City of Rochester Safe Routes to School plans as recommended in the Master Plan.completed Citythe opportunity, per the Master Plan’s recommendation. Additionally, in 2014, an amenity and sightseeing advertises bicycle rentals and the Rochester trail system as in accordance with the Master Plan. Experience Rochester, the City’s tourism bureau, now Arrive Rochester to provide information to commuters about pedestrian and bicycle facilities, authority requirements for new developments and worked with the transportation managementway pair from 14th Street N to 6th Street S. The City has implemented bicycle parking -onement of 2nd Street SW from 19th Avenue to 23rd Avenue and along the 3rd and 4th Avenue segSince adoption of the plan, the City has built the bike lanes that were recommended for the infrastructure with transit service and accommodating bicycling in zoning and land use planning. vel. The plan also outlines strategies for integrating bicycle parking to encourage bicycle trabike network; and recommends implementation of supporting infrastructure such as covered bike bike lanes, most of which fall outside the project area; outlines strategies for improving the Rochester ity areas for installing The Bicycle Master Plan addresses significant network gaps; identifies top priorfriendly streetscape environment. -pedestrians as well and plays an important role in fostering a transitquality bicycle infrastructure often benefits -. Implementation of higha safe and efficient bicycle networkincreasing bicycle mode share throughout the City of Rochester and the surrounding area by creating adopted in 2012, establishes goals and strategies for 31 The Rochester Area Bicycle Master Plan, 4 5 326 Plan.pdf-Development-content/uploads/2018/07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 34 wide parking supply to meet demand while maximizing efficiency.-Create a district•environment.friendly street-economic viability of existing development, and create a safer, more pedestrianopment, enhance thestreet parking to release more land for redevel-Reduce prominence of off•Encourage shared parking and unbundling parking from rental units to prevent oversupply.•companions; employee parking is lowest priority.etail patrons, medical patients, and travelterm visitors, r-Prioritize parking for residents, short• supply of downtown parking:friendly development by recommending the following strategies to reduce the -encourages more transitorts and recreation; and residential development sectors. The plan also entertainment; learning; spanticipated growth in the office; university; hotel and hospitality; meetings; retail, dining, and mix of uses within the DMC District in support of future transit investments. The plan outlines including increased density and a The plan also calls for land use patterns that encourage short trips, oriented development. -lanes, and bicycle parking, and that public spaces be enhanced with transitpromote walking and active transportation by incorporating bikeshare programs, bicycle designed toTo support anticipated transit investments, the DMC Development Plan recommends that streets are quality pedestrian environment, and public amenities.-uses, a highe City began to prioritize people by creating pleasant public spaces with active turning point at which thpowered transportation. The plan represents a critical -and an exceptional place for healthy, humanclass streets that are designed for people -for the DMC District, emphasizing the need to create worlde plan establishes principles recreational uses through six distinct districts in and near downtown. Thdowntown Rochester, that includes a dense mix of commercial, residential, institutional, and outlines a vision for the DMC District, which encompasses most of 34 DMC Development Plan Destination Medical Center Development Plan friendly character of the downtown area. -that is welcoming, attractive, and safe for multimodal users, thereby enhancing the transitwill contribute to a riverfront area rm and land uses laid out in the plan pedestrians. The built foquality public realm in an area that is currently underused and unwelcoming to -and a highRiverfront Small Area Plan calls for redevelopment that establishes a dense mix of uses The Riverfront Small Area Plan aracter in the area. friendly ch-transitsurface parking and underused industrial sites in the area and will contribute to an enhanced the plan, when realized, will provide a significant improvement compared to the existing The built form and land uses envisioned in icyclists. safe and welcoming for pedestrians and bpleasant public realm that is mix of residential and commercial uses as well as a sustainable, density -to high -The DWSE SAP establishes a vision for the district that includes a medium ont Southeast Small Area PlanDowntown Waterfr including landscaping, seating, lighting, and public art.Furthermore, the TOD Plan outlines recommendations for enhancing the public realm with features 5 5 327 https://www.rochestermn.gov/home/showdocument?id=23468Rochester ADA Transition Plan: 38 https://www.rochestermn.gov/home/showdocument?id=5154Downtown Master Plan: 37 Plan.pdf-Master-conten t/uploads/2015/04/UMR-https://dmc.mn/wpEnvision UMR: 36 Book_FINAL.pdf-Guidelines-Design-content/uploads/2015/08/20170605-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencodeDestination Medical Center Design Guidelines (2017): 35 when deterioration causes a ramp to become defective or hazardous. All reconstruction projects, orcompliant with current standards and are being replaced concurrently with street construction or crosswalks and sidewalks have ramped areas; those that were constructed prior to 2007 are not odifications. All transitions between walkways, and it establishes the timeline for completing these mstructural modifications needed to accommodate people with disabilities on public streets and adopted in 2013, identifies the 38 ochester Americans with Disabilities Act (ADA) Transition Plan,The R ADA Transition Plan, 2013 central business district loop or otherwise adding extraneous connections.skyway connections that close gaps in the existing system without extending beyond the current . The Downtown Master Plan prioritizes the addition of driveways and curb cuts as feasible over timeintervals, right turn on red restrictions, pedestrian amenities, and, on 1st Avenue, elimination of environment with the implementation of curb extensions, continental crosswalks, leading pedestrian pedestrian calls for creating a comfortable, safe, and enticing 37 The Downtown Master Plan Downtown Master Plan, 2010 Plans to Improve Pedestrian Facilities Including Facilities for Persons with Disabilities 1.3. friendly environment.-and transit -ntribute to a pedestrianand coenvironment, and locating active uses on the ground floor of buildings to encourage active street life building setbacks that enhance public entrances while maintaining a comfortable pedestrian lan also calls for sidewalks a minimum of 14 feet wide, backs and varying façade treatments. The pscaled public realm using building height step -to the east. Envision UMR calls for creating a human6th Street to the north, 2nd Avenue to the west, the Zumbro River to the south, and Broadway Avenue is bounded by sensitive development throughout the future UMR campus, which -use, context-mixed2014 as a framework for the future expansion of the UMR campus. Envision UMR calls for dense, Rochester (UMR), was adopted in —the master plan for the University of Minnesota 36 Envision UMR, Envision UMR Rochester —University of Minnesota efficient lighting. -, and energysustainable furnishings, permeable pavingby including a range of landscape treatments and developing a flexible palette of materials with Furthermore, the DMC Design Guidelines call for creating a safe, inviting, and connected public realm ese guidelines.destinations. Construction of new surface parking lots is discouraged by threquirements, maintaining parking in optimum locations, and developing connections to nearby arking master plan that will be used to form district parking, thereby reducing parking creation of a pgrade and, where feasible, vertical mixed use. The Design Guidelines also recommend the -activity ateducation, recreation, entertainment, civic functions, business, and research, as well as fixed retail d encourage a mix of housing, retail, nature of the DMC District. The Design Guidelines call for anfriendly -use development, thus enhancing the transit-connected public realm and facilitate mixed adopted in 2017, establish a set of standards to create a safe and 35 The DMC Design Guidelines, sDestination Medical Center Design Guideline 6 5 328 https://www.rochestermn.gov/home/showpublisheddocument/29040/637342159342600000TOD Plan: 42 ?id=24222https://www.rochestermn.gov/home/showdocumentPlanning 2 Succeed: Rochester Comprehensive Plan 2040: 41 https://www.rochestermn.gov/home/showpublisheddocument/21073/636712333175530000ITS City Loop Study Report: 40 https://www.rochestermn.gov/home/showpublisheddocument/ 21079/636712334472370000ITS Street Use & Complete Streets Study Report: 39-crosswalks to improve the pedestrian environment along with the installation of ADAand raised recommends the use of wide sidewalks, landscape planting zones, curb extensions, 42 The TOD Plan Oriented Development Plan, 2020-Transit that land use and zoning play in creating a pleasant, attractive pedestrian environment.s the critical role priority areas for improving the pedestrian experience. Furthermore, the plan highlight-The plan also calls for filling gaps in sidewalk network connections where needed and identifies high uent intervals, especially in areas with high pedestrian traffic. freqtraffic calming treatments, and implementation of safe, highly visible, and accessible crossings at oriented building design guidelines, -for enhancing the pedestrian environment such as pedestrianThe plan identifies strategies 41 ment are prioritized.planned and supportive infrastructure and developplanned primary transit network (PTN), which is a set of corridors where investments in transit are The Comprehensive Plan affirms the need for pedestrian improvements, particularly along the lan 2040, 2018Planning 2 Succeed: Rochester Comprehensive P improvements that are planned for the DMC District and downtown area. Rochester and the waterfront, seamlessly integrating with the other pedestrian and bicycle l connect the Saint Marys Hospital with downtown to serve downtown Rochester. The City Loop wilclass pedestrian and bicycle trail that is planned -by planning for the creation of the City Loop, a worldfurther affirms investments in pedestrian and bicycle infrastructure 40 The ITS City Loop Study Report .scale lighting-landscaping, public art, and decorative pedestrianpedestrian/shared streets that do not allow any vehicular traffic and include street trees and Avenue station are identified as nd crosswalks. Peace Plaza and Discovery Walk near the 2bility visi-concentration of pedestrians and bicyclists with wide sidewalks, plantings, and wide, highexperience, and main streets such as 1st Avenue SW are designed to accommodate the highest quality transit service and an excellent pedestrian and bicycle -high Street SW, primarily providepedestrian environment and enhance the experience for all road users. Transit streets, including 2nd classified. The Study also puts forth design guidelines for each of these typologies to improve the the DMC District should be pedestrian/shared streets; and recommends how each of the streets in mobility corridors, transit priority streets, main streets, multimodal streets, neighborhood streets, and tructure in downtown Rochester; establishes a new street typology framework with transit infrasevaluates existing pedestrian, bicycle, and 39 The ITS Street Use and Complete Streets Study Report Integrated Transit Studies, 2018 further enhance accessibility for people with disabilities.ible pedestrian signals in four signal systems to year, the City of Rochester aims to install accessobstructions are removed or clearances are maximized during street reconstruction projects. Each such as road signs and fire hydrants, is required; in places where this condition is not met, obstructions, foot clearance around fixed-filled to complete the pedestrian network. A minimum fournew developments are required to include sidewalks and gaps in pedestrian infrastructure are being 7 5 329 Book_FINAL.pdf-Guidelines-signDe-content/uploads/2015/08/20170605-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencodesign Guidelines: DMC De 44 Plan.pdf-Development-content/uploads/2018 /07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 43 by maximizing sidewalk widths where possible; providing street trees along sidewalks and medians call for street design that accommodates all modes of movement environment. The Design Guidelinesinclude a series of standards for creating an improved pedestrian 44 The DMC Design Guidelines , 2017Destination Medical Center Design Guidelines way.-of-private development to leverage improvements to public rights using landscaping to enhance the pedestrian experience. The DMC Development Plan encouragesurpass ADA standards to provide a safe and accessible pedestrian network and incorporate abilities and other mobility impairments. The plan recommends that street designs Rochester have disusers of all ages and abilities, particularly given that a high proportion of visitors in downtown calls for designing streets, skyways, and subways to accommodate 43 The DMC Development Plan tination Medical Center Development Plan, 2015Des increase the attractiveness for foot traffic.development with accessible ground floor uses such as restaurants and small shops. This will that the development of the promenade will attract anticipates district. The DWSE SAP connections throughout the improved street network with shorter blocks and better pedestrianfor a pedestrian promenade along the study area on the western edge of the Zumbro River and includes plans also The DWSE SAP more attractive and safer for pedestrians and bicyclists. dy area are paths exclusive to bicyclists and pedestrians, that will make streets within the stu use streets and “green corridors,” which -The DWSE SAP anticipates the integration of multi environment. patterns. These design tools will create a more walkable urban compact streets and block encourages guiding land use through transportation infrastructure including connected, The DWSE SAP also encouraging walking, biking, and transit use through safer street designs. the plan will improve access to rapid transit by ,Among the DWSE SAP’s many goals Downtown Waterfront Southeast Master Plan, 2021 in the city. friendly nature of new investments -development approval process to enhance the pedestrianpaving. The plan also recommends that pedestrian facilities are required as part of the scaled lighting and decorative -with features such as human pedestrian environment overallcore of the design. This type of design not only improves access but also enhances the exceed ADA requirements to achieve universal access, incorporating accessibility into the SW. The plan calls for street improvements that downtown Rochester and along 2nd Streetpriority areas are in -improvements to the pedestrian network. The majority of the highest, the draft Active Transportation Plan identifies priority areas for Table As noted in Active Transportation Plan, 2022 the project area.including bicycle facilities on each new street to further improve active transportation infrastructure in . The TOD Plan also recommends use paths and crosswalks-areas, such as the construction of multicompliant curbs at all intersections, and identifies top priorities for pedestrian improvements in station 8 59 330 Downtown Master Plan .home program establishment of a guaranteed ride ,downtown coreoccupancy vehicle trips and parking, including implementation of priced parking, reduction of parking requirements in the -lity chapter of the LRTP recommends a variety of TDM strategies to reduce singleManagement (TDM) and Sustainabitravel choice by integrating transit and parking policy. Adopted in 2010 and reaffirmed in 2014, the Travel Demand SOV forms of travel; and use parking policy to influence individual -the level of amenity associated with non travel; increaseoccupancy vehicle (SOV) -The LRTP aims to encourage land use patterns that maximize access while minimizing single 02Range Transportation Plan, 20- 5204 Parking Policies 1.4. .public and private investments ystemrapid transit sthe fsupport buildout o EDA’s roles is to identify opportunities to Economic Development Agency (DMC EDA). One of the DMC e of the purposalso describes the The 2020 Update needs in the project area and throughout the county for the next 20 years. ipated housing Housing Study, completed in 2020 and described in Section 6.2, forecasts anticthe identification of housing needs for Phase 2 of the DMC District. The Olmsted County is One of the next steps eps that need to be taken for further rapid transit development.next stDMC. The 2020 update describes the are important components of theoriented infrastructure -public investment is sourced from Minnesota Transit Aid, thus public transit and transit percent of the DMC’s Twelve . for the public and developers development within the information aboutThe 2020 update to the Destination Medical Center (DMC) Plan provides Destination Medical Center Development Plan Update, 2020 hour with maximum lane widths of 10 feet.is limited to a maximum speed of 15 miles per are smooth and easy to navigate while vehicular traffic1st Avenue and historic 3rd Street are designated as main streets, where primary pedestrian paths in vehicular travel lanes where possible.treet, calling for spacious pedestrian zones and a reduction SW is also classified as a transit mobility simplementation of curb extensions and medians to enhance the pedestrian experience. 2nd Street sidewalk width of 6 feet and recommending bicycle accommodations, and recommending the ic street, requiring minimum The Design Guidelines classify 2nd Street SW as a secondary traff bicyclists. guidelines call for designing bike network in a manner that maintains safety for pedestrians andnot allow separate bike lanes, shared lanes are recommended, and in all cases the where space does infrastructure needs. Cycle tracks and dedicated bike lanes are recommended wherever possible; The Design Guidelines further work to improve the pedestrian environment by addressing bicycle provide additional pedestrian connections.ed to functionality and accessibility of all three pedestrian movement systems. Alleys may also be usstrengthened by providing visual connections and wayfinding information, thus improving the level pedestrian infrastructure, skyways, and subways should be -reetConnections between st a traffic calming measure.street parking for visitor convenience and as -guidelines recommend maintaining angled or parallel onimplementing curb extensions at intersections and, where appropriate, at midblock crossings. These e; and and in public and private open spaces, as well as boulevards and other supportive infrastructur 6 331 Plan.pdf-Development-content/uploads/2018/07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 48 https://www.rochestermn.gov/home/showd ocument?id=25415City of Rochester Zoning Ordinance and Land Development Manual: 47 https://www.rochestermn.gov/home/showpublisheddocument/21065/636712335749370000ITS Parking Report: 46 https://www.rochestermn.gov/home/showdocument?id=5154Downtown Master Plan: 45 the existing downtown parking supply and reduce future demand:includes the following recommendations to increase the efficiency of 48 Development Plan The DMC Destination Medical Center Development Plan of parking costs from residential or commercial unit fees.street parking, and unbundling -street or metered on-provision of a shared car, proximity to existing offpolicies, provision of bicycle parking, These include the implementation of shared use parkingallows for reductions in minimum parking requirements provided that certain conditions are met. 47 As described in the Supportive Zoning Near Transit section, the Downtown Parking Overlay Zone rlay ZoneDowntown Parking Ove Studies Report.goals outlined in the Destination Medical Center (DMC) Development Plan and Integrated Transit use for its municipal lots each year from 2019 to 2023. This price structure change is consistent with increase the price of To promote increased transit use, the City of Rochester plans to incrementally Rochester City Policy recommendations from other plans for a transportation management authority.ride centers outside the downtown core. The report also confirms --use park-mixeddowntown employees; downtown commuters who live beyond biking/walking range will be served by term downtown guests, rather than private cars of -downtown parking for visitors, customers, and shortrecommends using a parking strategy that prioritizes 46 The Integrated Transit Studies Parking Report Integrated Transit Studies a variety of commute options and provide information about these alternatives.own transportation management association to develop the plan recommends the creation of a downtfrequency bus lines. Additionally, -with Mayo Clinic to construct remote parking facilities serving highresidential units and commercial development, developing shared parking policies, and partnering arking from The Downtown Master Plan also recommends providing incentives for unbundling p Central Business District zones to limit the total area dedicated to downtown parking.-ones. Furthermore, the plan recommends maximum parking limits for Central Development CorezIndustrial -Residential districts, and portions of General Commercial and Mixed Commercial-CoreFringe districts, Central Development -development in areas including Central Development Coreating minimum parking requirements for commercial and residential The plan recommends elimin street parking. -provision of angled onspace parking meters to increase revenue and provide convenient payment options, and -multibased pricing is implemented, installation of -limination of parking time restrictions after demandestreet parking, -based pricing for the most valuable on-recommends the implementation of demandwork trips by 10 percent for travel downtown by 2030. The plan -23 to 30 percent and nonoccupancy vehicle commute trips by -established a goal to reduce single 45 The Downtown Master Plan 0 6 332 conjunction with a mixture of low intensity service/retail uses.residential in family-development of high intensity multi subarea allows for theResidential The •or tend to support and enhance the activities within the CBD area.for necessary arethat less intensive commercial and service uses allows forsubarea Fringe The •emphasis on pedestrian amenities.intensity of integrated retail, financial, office, service and entertainment uses, with anconcentration andthe highest allows) subarea Central Business District (CBDThe •lated supporting facilities and uses.with republic uses, along-primarily for medical facilities and major public and quasi intendedmedical uses. The area isto preserve and enhance subarea was created MedicalThe • is composed of four subareas described as follows:he Central Development Core T .medical/institutional development within the City of Rochesterthis district is to provide for the highest intensity of commercial, residential and The intent of of Rochester’s Comprehensive Plan, is codified in the city’s zoning ordinance.in the City 1.1The Central Development Core, which was discussed in detail above in Section Central Development Core tation AreasZoning Ordinances that Support Increased Development Density in S 2.1. stormwater management in exchange for density bonuses. friendly design and additional -Avenue station. This project required TOD th Project near the 6t City goals, such as the City Walk case basis for projects that help suppor-by-implemented on a casesupportive elements of these ordinances are -Density bonuses and other transit following sections.supportive zoning ordinances are described in the -and transit 13Figure the project area is shown in oriented character and pedestrian access, and reduced parking. Zoning throughout -enhanced transitProject area is supportive of increased development density, Zoning throughout the Link Rapid Transit Supportive Zoning Near Transit2.and/or subsidized transit passes.out, car share,-matching, employee parking cash-work” incentive programs, rideshare/rideation demand management strategies including “live near your Shift access using transport•Unbundle parking cost from the rental or purchase fee for multifamily housing units.•parking or traffic mitigation fund rather than providing required parking onsite.parking programs to allow developers to pay into a municipalImplement payment in lieu of •demand hours to share parking.downtown after arriving via car and encourages businesses with different peak parkingEstablish a shared parking policy that enables people to walk, bike, and take transit through•rideshare.business owners, and property owners to increase the use of biking, walking, transit, providers; manage DMC District parking; and provide parking programs for employees,rivate partnerships between downtown business interests, public agencies, and servicep-walking, transit, and rideshare as alternative methods of transportation; coordinate publicbalance parking demand and supply to ensure availability and affordability; encourage biking,loyee, employer, and customer needs for downtown access are met; andensure that empForm an access management authority to provide information about transportation options;• 1 6 333 https://www.rochestermn.gov/home/showdocument?id=229092X zoning ordinance: -R 50 https://www.rochestermn.gov/home/showdocument?id=22907TOD zoning ordinance: 49 Oriented Development District-TransitccessAedestrian Pevelopment andDrea Atation Sharacter of Criented O-ransitTnhance Erdinances that OZoning 2.2.level streets.-Minimization of driveways on collector and higher•Streetscape improvements including boulevard landscaping, street lighting, or sitting areas.•or covered sidewalks.street loading zones, heated sidewalks,-oriented amenities such as designated off-Pedestrian• romoting the implementation of the following:oriented character of station area development by p-As described in the previous section, the Incentive Development ordinance enhances the transit Incentive Development -neighborhoods adjacent to the central development core are zoned as Rtions of the zoning does not include prescribed minimum or maximum FARs or densities. Por-cottage developments, accessory dwelling units, and other multifamily residential development. Rwork dwellings, -allowing for duplexes, apartment buildings, condominiums, live downtown core byintensity development in residential areas near the -2X zoning is to enable higher-The purpose of R redevelopment in the “Residential Reinvestment” Area designated in the Comprehensive Plan 2040. was adopted in 2019 to encourage infill and 50 2X) District-Density Residential Extra (R-The Low Density Residential Extra District-Low fast food and standard restaurants, retail, and indoor athletic facilities.services, daycare facilities, nd testing, businessuses in the TOD District include offices, research atransient accommodations. Permitted commercial -medical stay dwelling units, and transient and semifamily residential, congregate housing, -Permitted residential uses in the TOD District include multi height of 90 fefloor area is residential, the height may be increased by 22 feet, not to exceed a maximum building percent is residential, the height may be increased by 16 feet; and if at least 40 percent of the gross height is permitted; if at least 30 the gross floor area is residential, an additional 12 feet in buildingstructures within 100 feet of TOD Nodes and Corridors along 2nd Street SW. If at least 20 percent of ce also establishes a minimum building height of 40 feet for new portions of primary The ordinan and residential primary uses.with permitted residential primary uses, and 4.0 for buildings with a mix of permitted nonresidential allows for a maximum FAR of 2.0 for buildings with permitted nonresidential uses, 3.0 for buildings assification with a mix of permitted nonresidential and residential primary uses. The TOD Corridor clnonresidential uses, 4.0 for buildings with permitted residential primary uses, and 5.0 for buildings Node classification allows for a maximum FAR of 3.0 for permitted TOD Corridor. The TOD properties adjacent to 2nd Street SW from the West Transit Village to Highway 52 are zoned as a The site of the West Transit Village is zoned as a TOD Node, and all 49 Node and TOD Corridor.f uses near future transit investments: TOD two new zoning classifications in support of a dense mix oOriented Development (TOD) District zoning ordinance was adopted in 2019 to create -The Transit Oriented Development District-Transit 2 6 334 oriented character of station area development by promoting implementation of the following:-the previous section, the Incentive Development ordinance enhances the transitAs described in Incentive Development : Zoning in the Project AreaFigure pedestrian experience.50 feet apart. These façade requirements promote the creation of a visually stimulating and pleasant an entrances no more than from or insets into the building façade and the inclusion of multiple pedestrifaçade longer than 50 feet facing a public street must be divided with the use of vertical projections um length of a multifamily building façade is limited to 150 feet, and any 2X district, the maxim-In the R Density Residential Extra District-Low or be located on a lot with a curb cut onto 2nd Street SW.in facilities may not be accessed directly from -feet in width between the sidewalk and the street. Driveg strip at least five 2nd Street SW must have a minimum sidewalk width of 10 feet along with a plantinThe ordinance also requires the provision of sidewalks on both sides of the street. Buildings fronting ground floor façade area from three to eight feet above sidewalk grade. at least 65 percent of the way must have transparent windows or other transparent glazed area covering -of-facing a public rightfloor façade -entries that are recessed or project from the building façade. Furthermore, each groundor awnings, or pedestrian experience, such as wall recesses or projections, ground level arcadesfacing facades are required to incorporate architectural features to improve the pedestrian -Street oriented space.-etween the structure and a street are to be occupied with a pedestrianareas bordinance establishes a maximum building setback of 10 feet from each front lot line, and setback oriented character of areas designated as TOD nodes and corridors. The -that enhance the transitoning ordinance establishes site development standards Oriented Development (TOD) z-The Transit 3 6 335 https://www.rochestermn.gov/Home/ShowDocument?id=18085and Land Development Manual: City of Rochester Zoning Ordinance 51 2X Residential Extra; minimums are somewhat higher for less -and those areas designated as Rhis zone parking requirements are included as well. Parking requirements are lowest for areas within tBecause the Downtown Parking Overlay Zone includes areas with dense residential development, its . 17Table are displayed in and TOD districts Parking minimums for selected uses in residential areas DistrictsOriented Development -and TransitResidential tenants to rent separately from the action of renting a dwelling unit.unbundled for street parking spaces for a residential dwelling unit can be -Additionally, required accessory offaccredited educational facility with a physical campus in Rochester.re restricted solely to the residency and occupancy by students of anDwelling units a•Proximity to a public pedestrian entry point into the skyway and/or subway system.•Proximity to a signed bus stop or bus shelter serving a weekday bus route.•Provision of a shared car for use by residents.•bicycle parking for car parking. Substitution of•Residential uses.•Substitution of bicycle parking for car parking.•new development.street parking spaces are adjacent to the property line of the lot for-Public, metered on•staurants, personal services, convenience retail, or retail trade.reuse building consist of fast food or standard-The retail use or uses in a mixed•Provision of a transit shelter within the development.•owned parking structure.-Proximity to a publicly•do not overlap.two or more uses whose hours of peak parking demand Provision of shared parking for•residential uses.-• requirements if one of the following criteria is met:street parking -zoning designations found within the DMC District and allows for reductions in offking minimums and maximums lower than those of the The POZ established par 51 developments.Family Residential, and planned unit -1 Mixed Single-Density Residential, R-2 Low-Residential, RDensity -3 Medium-Density Residential, R-4 High-1 Mixed Commercial Industrial, R-Commercial, M1 Restricted -Commercial, B4 General -Medical Center District as well as areas zoned as Bstreet parking required for downtown developments within the boundaries of the Destination -Rochester’s Downtown Parking Overlay Zone (POZ) was adopted in 2011 to reduce the amount of y ZoneDowntown Parking Overla Zoning Allowances for Reduced Parking 2.3.level streets.-Minimization of driveways on collector and higher•Streetscape improvements including boulevard landscaping, street lighting, or sitting areas.•or covered sidewalks.dewalks,street loading zones, heated si-oriented amenities such as designated off-Pedestrian• 4 6 336 shifter employee on largest maximum: 1 per 3 seats plus 1 p1 per 8 seats plus 1 per employee on largest shift; required Fast food and standard restaurants 300 square feet floor area1 per 600 square feet floor area; required maximum: 1 per Business and personal services floor area400 square feet 1 per 700 square feet floor area; required maximum: 1 per Office and research + testing 0.5 per unit; required maximum: 1.5 per unit Multifamily residential family and duplexes-Single Oriented Development-Transit eet floor area100 square f1 per 500 square feet floor area; required maximum: 1 per Convenience retail 75 square feet floor area1 per 250 square feet floor area; required maximum: 1 per Fast food and standard restaurants d maximum: 1 per 200 square feet floor areafeet; require1 per 500 square feet floor area in excess of 4,000 square Office for units with 4 bedrooms or morebedroom unit; and 3.0 -bedroom unit; 2.5 per 3-unit; 2 per 2bedroom -1 per dwelling unit; required maximum: 1.5 per 1 Multifamily residential 1 per dwelling unit; required maximum: 2 per dwelling unitDuplex : 2 per dwelling unitrequired maximum ;street parking-shall not be required to provide off1 per dwelling unit, except an accessory dwelling unit family detached-Single Overlay ZoneDowntown Parking Street Parking-Minimum Required Off Zoning Street Parking Requirements-Residential OffTable for the Downtown Parking Overlay Zone.ity and permits reductions in parking requirements using the criteria described commercial parking facilstreet parking spaces into a -block. The ordinance bars the conversion of excess existing offthat contains 24 or more parking spaces unless public bicycle parking is available within the same city a new or expanded parking facility street bicycle parking in -TOD District requires the provision of offdensity zoning districts in the City. The -street parking at proportions lower than those for lower-of offzoning ordinance establishes minimum and maximum requirements for the provision The TOD District Density Residential.-2 Low-Residential, and RDensity -3 Medium-Density Residential, R-4 High-centrally located areas, which are zoned as R 5 6 337 dwelling unit)1 per dwelling unit (maximum: 2 per Cottage development 1 per dwelling unitDuplex and attached dwelling No minimum dwelling unit Accessory apartment and accessory 1 per dwelling unit family detached -family attached and single-Single2X Residential Extra-R 1 per 100 square feet floor areaConvenience retail 1 per 200 square feet floor areaOffice bedroom unit-3 per 4 bedroom unit-2 per 3 bedroom unit-1 ½ per 2 bedroom units-it for efficiencies and 11 per unMultifamily residential 2 per new dwelling unitDuplex 2 per new dwelling unit family detached -family attached and single-SingleDensity Residential-3 Medium-R 1 per 100 square feet floor areaConvenience retail employees on largest shift1 per 3 seats plus 1 per 2 Fast food and standard restaurants 1 per 200 square feet floor areaOffice 3 per 4+ bedroom unit bedroom unit-2 per 3 bedroom unit-1 ½ per 2 bedroom units-1 per unit for efficiencies and 1 Multifamily residential 2 per new dwelling unitDuplex 2 per new dwelling unitfamily detached -SingleDensity Residential-4 High-R 300 square feet floor area1 per 600 square feet floor area; required maximum: 1 per Retail 6 6 338 k_FINAL.pdf-Guidelines-Design-content/uploads/2015/08/20170605-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencodeDMC Design Guidelines: 53 Plan.pdf-Development-content/uploads/2018/07 /DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 52 year planning horizon. As part of the plan creation process, the City -growth in the city with a 20ehensive plan, which sets a vision for The City of Rochester recently developed and adopted its compr supportive land uses.-friendly, transit-diverse mix of pedestrianstrategies for creating a vibrant downtown district with a Design Guidelines establish goals andPlan and . The DMC Developmentambassador efforts participating in committees and volunteer process with more than 300 community members included a robust community engagement The creation of the DMC Development Plan 53 and DMC Design Guidelines. 52 Development Plantive including the DMC Development Agency on land use planning efforts in support of the DMC initiaThe City of Rochester has worked closely with Mayo Clinic, DMC Corporation, and DMC Economic supportive development.-transitity and developers to facilitate land use planning and has a strong history of working with the communthe project area. As such, all land use planning efforts are coordinated with the project, and the City Rapid Transit Project and the sole land use authority in LinkThe City of Rochester is the leader of the City of Rochester Outreach to Government Agencies and the Community in Support of Land Use Planning 3.1.Supportive Plans and Policies-Tools to Implement Transit3. 1 per 200 square feet floor areaOffice bedroom unit-3 per 4 bedroom unit-32 per bedroom unit-1 ½ per 2 bedroom units-1 per unit for efficiencies and 1 Multifamily residential 2 per new dwelling unitDuplex and performance residential 2 per new dwelling unit family detached -family attached and single-SinglentialDensity Reside-2 Low-R 1 per 400 square feet floor areaOffice 1 per 400 square feet floor areaRetail trade 0.75 per dwelling unit (maximum: 1.5 per dwelling unit)Multifamily residential 1 per dwelling unitPerformance residential 7 6 339 developers/--https://dmc.mn/investorsDMC Investors and Developers guidance: 54 State of Minnesota Supportive Development-Regulatory and Financial Incentives to Promote Transit 3.2. rship for the Link Rapid Transit Project.operating partneundertaking the phased development of the site, and commits Mayo Clinic and the City to creating an for the conveyance of land from Mayo Clinic to the City of Rochester, outlines the process for each phase of the project, establishes terms The memo identifies which parties will own and develop oriented development. -Transit Village site in accordance with standards for transitexclusively by Mayo Clinic employees and public parking will be constructed elsewhere on the West ture will be used potential for a mix of uses including retail, housing, and recreation. The parking strucstall parking structure, a transit facility, and the -Transit Village with phased development of a 2,500st Transit Village. This memo sets a shared vision for the West regarding the development of the WeIn August 2020, the City of Rochester and Mayo Clinic signed a memorandum of understanding Memorandum of Understanding with Mayo Clinic planned public investments that relate to the DMC District vision. rict vision; and sustainability; Design Guidelines that will help projects achieve the DMC Distcontribute to DMC goals including those related to affordable housing, public space, and inancing opportunities; a funding application that identifies how a proposed project may fThe website includes an overview of the development review process and 54 in the area.developers understand the opportunities, incentives, and processes involved when investing ite with a variety of materials to promote development opportunities and help created a websconducting outreach to encourage development in the DMC District. DMC has proactive role in In addition to City efforts to collaborate with developers, the DMC plays a significant and Destination Medical Center pedestrian improvement plans. well as bicycle andparticipated in this engagement process to provide input on land use and development concepts as engagement events. The Rochester community is very civically engaged, and more than 750 people elop these plans and to facilitate community and the Coalition for Rochester Area Housing to devRNeighbors, the Rochester Diversity Council, Mayo Clinic, the Destination Medical Center (DMC), and community organizations including the Downtown Alliance, the Chamber of Commerce, worked with businesses technical input on station placement and station area plans. The City also and Recreation, Community Development, Public Utilities, and Public Works. This committee provided n, Olmsted County, and ROCOG, as well as several City departments including Parks of TransportatioThe City convened a technical advisory committee with staff representing the Minnesota Department and land use, pedestrian connectivity, and design of the public realm.for future development pid Transit station area plans addressing goalswas to gather input for Link Raand backgrounds as well as staff from several state and local agencies. The goal of this engagement robust community engagement process that involved community members from various organizations City of Rochester conducted a Oriented Development Planning Process, the -As part of the Transit written comment. community workshops, and opportunities to provide input and feedback on the draft plan online or via pated. These included public meetings, a transportation survey, businesses, and visitors particiconducted community engagement efforts in which more than 7,000 residents, employees, 8 69 340 assistance/cleanup/contamination.jsp-https://mn.gov/deed/government/financialDEED Contamination Cleanup and Investigation Grant Program: 57 assistance/cleanup/redevelopmentgrantprogram.jsp- https://mn.gov/deed/government/financialDEED Redevelopment Grant Program Funded Projects: 56 assistance/cleanup/redevelopmentgrantprogram.jsp-https://mn.gov/deed/government/financialDEED Redevelopment Grant Program: 55 redevelopment.d through cleanup andSocial value of the cleanup, demonstrated by the number of jobs create•Tax base increase resulting from the cleanup and redevelopment of the site.• redeveloped, and are ranked on the following criteria:atch and the serious expectation that the site will be Applications require a 25 percent local m authorities are eligible to apply for this funding. counties, housing and redevelopment authorities, economic development authorities, and port d soil or groundwater contamination qualify for this funding. Cities, sites with known or suspecteowned -and privately -up to 75 percent of the costs to investigate and clean up polluted sites. PubliclyGrants may be used to pay 57 and cleaning up contaminated sites for public or private redevelopment.ities pay for assessing The Contamination Cleanup and Investigation Grant Program helps commun DEED Contamination Cleanup and Investigation Grant Program up companies seeking to locate or stay in Rochester. -start alyst for advancing Rochester’s biomedical industry and supporting million project is a key catAvenue station and Mayo Clinic Gonda Building, this $27 nd Located near the 2 56 Avenue SW. st story 124,000 square foot Minnesota BioBusiness Center at 221 1-development of the eighthrough this program to aid in site cleanup and In 2007, the City received a $241,000 grant tAdvances or promotes the Green Economy.•Consideration of the need for affordable housing, transportation, and environmental impact.•Proximity to public transit.•Redevelopment potential within the municipality.•tax increments will contribute to the project.Project meets current tax increment financing requirements for a redevelopment district and•Contamination remediation needs in conjunction with a redevelopment project.• stics are prioritized:Projects with one or more of the following characteri authorities are eligible to apply for this funding.counties, housing and redevelopment authorities, economic development authorities, and port t sites where subsequent redevelopment will occur. Cities, of buildings, including remedial activities astabilization when infill is required, ponding, or other environmental infrastructure and adaptive reuse match. Grants can be used for land acquisition, demolition, infrastructure improvements, soil rcent local These grants pay up for up to half of redevelopment costs for a qualifying site with a 50 pe 55 residential, or commercial sites and putting land back to use.Grant Program provides financial assistance to communities redeveloping blighted industrial, pment The Minnesota Department of Employment and Economic Development (DEED) Redevelo DEED Redevelopment Grant Program 7 341 zones/-//www.eda.gov/opportunityhttps:Opportunity Zones: 62 tracts.jsp-zone--zones/census-credits/opp-business/tax-https://mn.gov/deed/business/financingMinnesota Opportunity Zones 61 cities.jsp-funding/small-assistance/community-https://mn.gov/deed/government/financialDEED Small Cities Development Program 60 center-biobusiness-stories/minnesota-https://www.pca.state .mn.us/waste/cleanupMinnesota BioBusiness Center cleanup (Minnesota Pollution Control Agency) 59 center/-biobusiness-https://landmarkenv.com/projects/government/minnesotaMinnesota BioBusiness Center cleanup (Landmark Environmental): 58 .14Figure development and the DMC District, are shown in The Opportunity Zone that overlaps with the project, as well as the Hyatt House detail in Section 4.1.Hyatt House is described in further constructed in Rochester. Qualified Opportunity Zone project to be style rooms, is the first -stay hotel with 172 apartment-Hyatt House, a new extended 62 investments.income census tracts by providing tax incentives for certain private -term investments in low-longwhich encourages 61 A portion of the Link Rapid Transit Project area falls within an Opportunity Zone, Opportunity Zone an urgent threat to public health or safety.Eliminate •Eliminate slum and blight conditions.•Benefit people of low and moderate incomes.• with fewer than 200,000 residents are eligible. Projects must meet one of three federal objectives:ovements. Cities with fewer than 50,000 residents and counties commercial districts and façade imprfacility projects and may include an economic development activity, such as rehabilitation of local towers, and distribution systems. Comprehensive grants may be used to fund housing and public nt projects, wells, water income people. Public facility grants may be used for wastewater treatme-and moderate -family housing, and must benefit low-family, or multi-occupied, rental, single-of ownerHousing grants may be used for rehabilitation 60 mmercial rehabilitation projects.infrastructure, and coThe Small Cities Development Program helps cities and counties with funding for housing, public DEED Small Cities Development Program 59,58 business center began.il contaminated with dry cleaning solvents before construction of the and remediate soto remove a petroleum tank section also received a contamination cleanup grant of $769,974 The Minnesota BioBusiness Center described in the DEED Redevelopment Grant Program Commitment of local authorities to pay the local match.•up cost.Clean•Likelihood that the site will be cleaned up without government money.•and the environment as a result of the cleanup.An evaluation by the Minnesota Pollution Control Agency of the reduced threat to public health• 0 7 342 financing-ncrementi-https://www.rochestermn.gov/government/departments/administration/taxCity of Rochester Tax Increment Financing: 63 the following: supportive development in the project area by supporting projects including-he TIF program has demonstrably contributed to increased transitAs described in section 4, tmunity.wage jobs in the com-retaining livingEconomic development TIF districts, which have the objective of creating new jobs and•housing in the community.Housing TIF districts, which are intended to facilitate the construction of affordable workforce•x base.stabilizing a neighborhood, and increasing the local taRedevelopment TIF districts, which have an objective of improving blighted conditions,• 63 otherwise occur. Three types of TIF districts are found in the city:F) to encourage development that would not The City of Rochester offers tax increment financing (TI Tax Increment Financing City of Rochester ZonesProject Area, Destination Medical District, and Opportunity Figure 1 7 343 Guide.pdf-content/uploads/2015/08/DMCResource-viewer/?file=https://dmc.mn/wp--https://dmc.mn/themencodeDMC Funding Guidelines: 65 https://www.rochestermn.gov/home/showdocument?id=25415City of Rochester Zoning Ordinance and Land Development Manual: 64 housing in the project area.rate and affordable -as private and nonprofit developers who build market Downtown Alliance, as wellorganizations including Mayo Clinic, DMC, the Rochester Chamber of Commerce, and the Rochester Planning Process, staff conducted outreach with 21 representatives from 17 agencies and uch as tax increment financing. During the TOD of the DMC initiative and supporting incentives ssupportive development. Many developers are expanding into Rochester for the first time as a result -The Rochester development community has demonstrated ongoing interest and investment in transit evelopmentSupportive D-Efforts to Engage the Development Community in Station Area Planning and Transit 3.4. wayfinding signage and active transportation investments.cultural amenities, and shared parking, as well as transportation infrastructure projects including DMC funds may be allocated to general infrastructure projects, such as development, public spaces, 65 oriented development.-and transitCity and DMC planning documents and the overall DMC initiative, including goals for sustainability t with provides guidance to developers seeking this funding by ensuring that projects are consistenCorporation and the City of Rochester. The DMC Economic Development Agency (DMC EDA) ithin the DMC Development District may be eligible for funding through the DMC Projects w Destination Medical Center Development District section.incentives are inventoried in the Supportive Zoning Near Transit features, including provision of shared parking or proximity to an existing transit stop; development hange for a number of Density and floor area ratio bonuses may be provided in exc 64 development.supportive -The City of Rochester’s zoning code includes several provisions to incentivize transit Zoning The ground floor includes 7,500 square feet of commercial and retail space. 80% AMI.affordable at 50% AMI, 18 are affordable at 60% AMI, and the remaining 108 are affordable at$2.2 million in tax increment financing and includes 180 units. Of these units, 54 are receiveduse commercial and residential development-This $39 million mixed :The Bryk on Broadway•financing and includes 92 units, 19 of which are affordable at 50% AMI.million in tax increment This $17 million residential development received $ :th on 4Flats •square feet of commercial space.financing and includes 107 apartments, 22 of which are affordable at 60% AMI, and 40,000$35 million mixed use development received $3.6 million in tax increment This Avani Living:•feet of research and office space.financing and includes more than 125,000 square $45 million project received $7.3 million in tax incrementThis :Discovery Square Two•includes more than 95,000 square feet of research and office space.financing and received $4.9 million in tax incrementThis $35 million project :One Discovery Square• 2 7 344 square foot Fresh Thyme grocery store and an additional 10,000 square feet of commercial ll as a 30,000 financing and includes 107 units, 22 of which are affordable at 60% AMI, as weCenter station at 40 17th Avenue SW. The project received $3.6 million in tax increment use development located near the proposed Saint Marys Transit -Avani Living is a new mixed Avani Living Residential Oriented Developments in the Project Area-Recent TransitFigure .15Figure projects are also shown in supportive plans and policies. These -that demonstrate the effectiveness of Rochester’s transit oriented policies. The following sections highlight recent TOD projects -by land use plans and transitn robust and supported Recent development in the downtown core and broader project area has bee Oriented Policies-Demonstrated Cases of Development Affected by Transit 4.1. occurring in the corridor with increasing frequency, as summarized in the following sections.velopment is supportive housing and employment de-Investment in and construction of transit Supportive Plans and Policies-Performance of Transit4. them prepare a developer request for proposals for the West Transit Village site. DMC has engaged a consulting firm to help supportive development. Additionally, -encourage transitAs described in Section 3.2, DMC conducts ongoing efforts to engage developers and investors to 3 7 345 financing. This project received $10.5 million in tax increment by the use of mixed materials and articulations.on the ground floor, a permeable façade located adjacent to the sidewalk, and visual interest created h, active retail and restaurant spaces density residential neighborhood immediately to the sout-lowerdowns that transition it to the -development incorporates various TOD principles with building step,000 square feet of commercial space. The 1rate apartments, and approximately 2-market7 34udes Avenue SW near the proposed Saint Marys Transit Center station. The development incluse apartment development located at 217 14th -story mixed-The Berkman Apartments is a 13 The Berkman Apartments )Avani Living(Source: Avani Living Apartments nciples. articulations that contribute to visual interest and advance TOD prifloor façade, a mix of materials, and -space. The development has a permeable ground 4 7 346 )Rent.com(Source: The Park interest. The project includes TOD principles such as mixed materials and articulations to add visual includes 15 units affordable at 60% AMI and received $1.4 million in tax increment financing. The project unit apartment development located at 408 8 ½ Avenue NW. -is a 90 The Park The Park (Source: Alatus LLC)Berkman Apartments 5 7 347 )Berkshire Communities(Source: Maven on Broadway materials.added by the use of mixed sidewalk, and visual interest ces set back from the entransidewalk, pedestrian immediately adjacent to the including a permeable façade incorporates TOD principles DEED. The Maven Cleanup Grant from MN $939,000 Contamination awarded by the City and a part by $3.8 million in TIF The project was funded in at 425 Broadway Avenue Avenue station nd near the 2floor retail -groundfeet of 9,000 square building with use -unit mixed-story, -The Maven on Broadway is a The Maven on Broadway (Source: INH Properties)Residence at Discovery Square at 60% AMI. and 29 units are affordabletax increment financing received $1.95 million in Additionally, the project façade, and color variation.in setbacks, a permeable design, including variability practices for façade that incorporates best density development -highDiscovery Square is a retail. Residence at level -and includes groundbedroom apartments; -, and -studio, one143 has Avenue station; it nd future 23rd Avenue SW near the Square is located at 511 Residence at Discovery overy SquareResidence at Disc 6 7 348 )Apartment Guide(Source: Metropolitan Marketplace )Apartment Finder (Source:501 on First ground floor.a permeable façade on the articulations and setbacks, and with a mix of materials, project reflects TOD principles The increment financing. received $1.45 million in tax and grocery store ground floor format -smallspace housing a square feet of commercial apartment units and 27,600 The development includes 62 station at 515 1st Avenue SW. near the proposed 2nd Avenue use development located -mixedMetropolitan Marketplace is a Metropolitan Marketplace Apartments back from the sidewalk. pedestrian entrances set visual interest; and and awnings to provide materials, articulations, use of mixed lot line;-zeropermeable façade with a TOD principles including a development incorporates financing. The million in tax increment constructed using $1.7 station. The project was proposed 2nd Avenue space located near the floor commercial -firstroject with use p-mixedunit -on First is an 84Constructed in 2016, 501 501 on First 7 7 349 Th )apartments.com(Source: The HUE Apartments articulations.materials and created by mixed sidewalk, and visual interest façade located adjacent to the ground floor, a permeable and restaurant spaces on the active retail including principles incorporates various TOD retail. The development floor -feet of ground aresquapproximately 2,000 along with apartments -rate micro-market development includes station. The Civic CenterAvenue SW near the proposed development located at 324 1st use apartment -mixedstory -Apartments) is a six(previously called 324 UE Apartments The H The HUE )Rochester Downtown Alliance(Source: 318 Commons floor façade. -TOD principles with its use of mixed materials and a permeable groundand reflects $2.75 million in tax increment financingreceived The project .and office spaceapproximately 60,000 square feet of retail s well asa Rochester—at University of Minnesotafor students style rental units-318 1st Avenue SW. The development includes 88 units of dorme proposed 2nd Avenue station at use development located near th-318 Commons is a mixed 318 Commons 8 79 350 Lofts at Mayo Park (Source: Realtor.com) articulations to create visual interest. and floor façade, a mix of materials, -increment financing and incorporates a permeable groundacross the river from the proposed Civic Center station. The project received $350,000 in tax unit apartment development located at 123 6th Avenue SE, -o Park is a 29The Lofts at May Lofts at Mayo Park Riverwalk Apartments (Source: Apartment Guide) increment financing. $1.6 million in tax development received mixed materials. This articulations and interest created by street level, and visual permeable façade at l, a floor retai-groundprinciples such as various TOD project includes Center station. The the proposed Civic across the river from 449 E Center Street, apartment building at unit -Riverwalk Apartments Riverwalk Apartments 80 351 (Source: HGA)Hilton Rochester Mayo Clinic area received $3.9 million in tax increment financing.This project that are set back from the sidewalk.ials, and pedestrian entrances the use of mixed materthe pedestrian environment, visual interest added by the sidewalk, landscaping and benches that enhance including a permeable façade immediately adjacent to skyway system and incorporates TOD principles l is connected to the downtown Center Street. The hotelocated near the proposed Civic Center station at 10 E floor retail space -conference rooms, and groundcomplex with 264 upscale hotel rooms, ballrooms, story -The Hilton Rochester Mayo Clinic Area is a 19 n Rochester Mayo Clinic AreaHilto Hotel Flats on 4th (Source: WSB Engineering) use of articulations to create visual interest.floor façade and the -feet of retail space and incorporates TOD principles such as a permeable groundevelopment also includes approximately 2,300 square This dfacilitate provision of affordable units. rate and 19 of which are affordable at 50% AMI. The project received $1.7 million in TIF to -are marketStreet station. Construction on the project was completed in 2015 and it includes 92 units, 73 of which th unit apartment development located at 412 SE 3rd Avenue near the proposed 6-Flats on 4th is a 92 Flats on 4th 81 352 Hyatt House (Source: Hyatt Corporation) increment financing. $3.9 million in tax development and received Opportunity Zone Rochester’s first Qualified development is This landscaping. o the sidewalk, and tpermeable façade adjacent visual interest, a mix of materials to provide TOD principles including a Hyatt House incorporates station. The 2nd AvenueDr NW near the proposed located at 110 Civic Center stay hotel that is -room -Hyatt House is a 172 Hyatt House (Source: IHG)Mayo Clinic Area –Staybridge Suites Rochester $1.8 million in tax increment financing. This project received to the sidewalk, and landscaping to enhance the pedestrian experience.t The hotel incorporates TOD principles includes mixed materials, a permeable façade adjacent Marys Hospital. ainnear the proposed Saint Marys Hospital station and directly across from Sroom hotel at 1102 2nd Street SW, - Mayo Clinic Area –Rochester Staybridge Suites Mayo Clinic Area –Staybridge Suites Rochester 82 353 currently available for sale.has about 8,800 square feet of office and retail space available for rent. The building is also Street SW. It nd use development at 2560 2-Uptown on Second is a recently constructed mixed Uptown on Second ): DMCSourcequare (One Discovery S experience.interest and improve the pedestrian architectural features to enhance façade as well as setbacks and other oriented permeable -a pedestrianthe DMC District. This project includes of the Discovery Square subdistrict of the anchor One Discovery Square is $4.9 million in tax increment financing. was funded in part by an allocation of mix of office and research uses and station. The development includes a Avenue nd located near the future 2square foot development -90,000approximately Street SW is an One Discovery Square at 202 4th One Discovery Square Office 8 354 development in January 2022; the project is currently under development.improve the pedestrian experience. The Rochester City Council approved final plans for the ectural features to enhance interest and permeable façade as well as setbacks and other architoriented -The project will incorporate TOD design principles including a pedestrianapartments. rate -market story building with 131-will consist of a sevenThe development stationAvenue th et from the 6across the stre Avenue SW th Street and 6 nd southwest corner of 2City Walk Apartments is a proposed residential development project that will be located at the City Walk Apartments started in Spring 2022 and is expected to conclude in Fall 2023.nstruction room hotel, and 10,000 square feet of commercial space. Co-apartments, a 200rate -station. The development includes 120 market Avenue nd 21st Avenue NW near the use redevelopment project that will be located at 6 -Heart of the City North is a proposed mixed Heart of the City North Residential Development in the Project Area Proposed :Figure .16Figure in the project area, as described in the following sections and shown in use hotel, office, and housing projects have been proposed or are under construction -Several mixed Station Area Development Proposals and Status 4.2. 3 84 355)Source: ISGBryk on Broadway rendering (eted in late 2022.experience as well as street level retail accessible from sidewalks. Construction is expected toas setbacks and other architectural features to enhance interest and improve the pedestrianpermeable façade as well-pedestrians including aprincipleincorporate TOD designThe project willbe available at 80% AMI.AMI, and 108 units wouldwould be available at 60%earning 50% AMI, 18 unitsavailable to householdsstation. 54 units would beproposed Civic CenterBroadway Ave N near theat 401 constructioncurrentl y underisdevelopment that unit housing-180income affordable -mixedBryk on Broadway is a Bryk on Broadway )Design GroupSource: Momentum City Walk Apartments rendering ( 8 356 )Source: TSPRMC Loading Dock Rendering ( updated RMC Loading Dock are currently under review.focus on the pedestrian experience along all sides of the building. Building plans for the openings and glass, and architectural lighting that all texture, site and landscape design,through building material finish and sdocks. The project will achieve TOD design principlewill have seven loading level floor). The development and one floor at grade (first below grade (subway level) SF with one floor of 28,000have a gross floor area (GFA) proposed development will venue. The Aand along 1st seeks to create downtown, vision and plans the city loading area is contrary to the Rochester. The existing loading dock in downtown for the current Mayo Clinic ign project is an updated desThe RMC Loading Dock RMC Loading Dock Two Discovery Square rendering (Source: Mortenson Construction) starting in 2022.wo Discovery Square is scheduled to be available for occupancy pedestrian experience. Tas well as setbacks and other architectural features to enhance interest and improve the oriented permeable façade -subdistrict of the DMC District. This project includes a pedestrianvery Square will be part of the Discovery Square in tax increment financing. Two Disco. The development was funded in part by an allocation of $7.3 million before occupancy beginswill occur a mix of office and research usesout to accommodate -and individual tenant fitConstruction was recently completed Avenue station. nd development located near the future 2square foot -Two Discovery Square at 209 5th Street SW is an approximately 125,000 Two Discovery Square Office 5 8 357. The gross 156,000also the largest city in the county, which has a total population of approximately ,000, it is 7The City of Rochester is the seat of Olmsted County; with a population of approximately 11 Regional Economic Conditions Economic EnvironmentCorridor 5.1. potential growth of Rochester are discussed in the following sections.redevelopment including office, healthcare, retail, hospitality, and residential uses. The past and future the potential for more than 240 acres of development and completed in 2020 and identifies maximize its benefits for the Rochester community. These initiatives include the TOD Plan, which was has undertaken several planning and economic development initiatives to facilitate this growth and everal years. The City has experienced significant economic and population growth over the past sThe Link Rapid Transit Project has strong potential to catalyze development in the region. The City Potential Impact of Transit Project on Regional Development5. Avenue station. 19thdevelopment located near the proposed square foot -2,451will be an approximately 1 . The new development130 23rd Avenue SWthe Mayo Employee Federal Credit Union (MEFCU) is under construction at addition to A new Mayo Employee Federal Credit Union )ClinicSource: Mayo ( The Kellen Building rendering enhance interest and improve the pedestrian experience.oriented permeable façade as well as setbacks and other architectural features to -pedestriantotaling $49.3 million. This project will include a Maria and Stephen Kellen Foundation-is being funded in part by a commitment from the Anna and includes flexible research spaceAvenue stations. The development th and 6 nd development located near the proposed 2square foot -will be an approximately 176,000 eAve th The Kellen Building at 305 SW 4 Kellen Building 6 8 358 projections/-data/our-topic/population-by-demography/datahttps://mn.gov/admin/State Demographic Center County Population Forecast: 70 https://www.bls.gov/eag/eag.us.htmU.S. unemployment: 69 https://www.bls.gov/regions/midwest/minnesota.htm#eagMinnesota unemployment: 68 sa.htmhttps://www.bls.gov/eag/eag.mn_rochester_mRochester unemployment: 67 https://apps.bea.gov /itable/iTable.cfm?ReqID=70&step=1GDP –Bureau of Economic Analysis 66 housing will remain a prominent component of future growth.located -quality transit service. These trends suggest that dense, centrally-amenities including highlocated housing in areas rich with -on appears to prefer centrallyAdditionally, the Millennial generatian aging population, which historically prefers central and connected residential locations. Forecasts show 70 approximately 13 percent, most of which is forecasted to occur in the project area.an increase of —00 peopleCounty overall is expected to grow from 163,000 people to 184,0in 2020 to approximately 26,000 residents in 2040. In the same timeframe, the population of Olmsted ty of Rochester anticipates a 30 percent increase in downtown population, from 16,500 people The Ci Population and Employment Growth information about future land uses is provided in Section 1.1 of this chapter. Additional Avenue and West Transit Village station areas. th uses such as those found in the 19scale commercial -demand for neighborhood This redevelopment is anticipated to generatedensity residential uses. -to high -sites are anticipated to be redeveloped to primarily mediumStreet station, underused industrial th In the Downtown Waterfront Southeast area, around the 6 s population grows. continue in the area as Rochester’comprehensive plan and other planning documents anticipate that this type of use will year -including grocery stores, restaurants, financial institutions, and retail. The Rochester’s 20 scale commercial uses, -neighborhood areas, current economic activity is focused onAvenue and West Transit Village station th West of the Saint Marys Transit Center, in the 19 diversification of uses and employment opportunities.taken several efforts to plan for increased density and promote development and the City has underGovernment Center. The DMC initiative is expected to continue to attract business and residential Olmsted -employment centers in Olmsted County, anchored by Mayo Clinic and the Rochesterdensity -stations serve the highest Street th 6Avenue, Civic Center, and nd Transit Center, 2and downtown trips are expected to increase by 65 percent in the same timeframe. The Saint Marys growth; the downtown population is anticipated to increase by 30 percent from 2020 to 2040 futurepositioned for -The Link Rapid Transit Project area is a dynamic part of the Rochester area that is well Corridor Economic Conditions .strong economic performance is anticipated to continuethis 19 pandemic,-initial recessionary impacts of the COVID and a strong recovery from the economy,the City’s efforts to diversify its ,Given the enduring nature of the healthcare industry 69 percent.the unemployment rate for the U.S. exceeded this rate at 3.6 68;Minnesota overall was 2.2 percentfor the state of and the rate 67 In April 2022, the unemployment rate in Rochester was 1.3 percent 66 statistical area was $14.20 billion in 2020 (expressed here in current dollars).etro product (the sum of value added by all industry sectors) for the Rochester metropolitan m 7 8 359 https://data.census.gov/cedsci/table?q=CBP2020.CB2000CBP&tid=CBP2020.CB2000CBP&hidePreview=true2020 County Business Patterns available for download and viewing: 74 Plan.pdf-Development-conten t/uploads/2018/07/DMC-wordpress/web/viewer.php?file=/wp--viewer-content/plugins/pdf-https://dmc.mn/wpDMC Development Plan: 73 dmc/-is-https://dmc.mn/whatMedical Center: About Destination 72 https://www.rochestermn.gov/home/showdocument?id=6896Olmsted County Population and Employment Forecast: 71 percent.Professional, scientific, and technical services: 36.8 percent compared to the U.S. at 7.1• 74 a higher concentration of employment than the national averages in the following key sectors:The Rochester area has a strong economic base that is largely driven by the healthcare industry, with Commercial Activity following sections.near the urban core, as described in the undeveloped parts of Olmsted County, the City has experienced a renewed interest in development While there is continued growth in new developments in the outer portions of Rochester and s population. person increase in the county’-half of the 19,000 remained concentrated in Rochester; the City’s population grew by 10,000, constituting the more than population losses while the City of Rochester grew. From 2010 to 2020, growth in Olmsted County enced net , indicating that other county communities experi(from 124,000 to 144,000) just 20,00022,000, or more than 25 percent. Over the same period, the population of Olmsted County grew by an increase of —0, the population of Rochester grew from 85,000 to 107,000Between 2000 and 201 Pattern of Development experience and further catalyze growth and economic vitality. office developments, and public realm improvements that contribute to an excellent residential development, new research and medical facilities, new use commercial and-mixedThe plan calls for a range of development including District for potential redevelopment. 270 parcels with an area of 93 acres as “sites to investigate” within the DMC identifies Plan To this end, the DMC Development 73.g communitygoals and create a healthy, thrivingrowth identifies strategies that will be used to achieve these the plan With these goals in mind, for residents, visitors, employees, patients, and companions.quality experience -om 2015 through 2050, and achieve a highbillion in new net tax revenue frmore than $5 billion in private investment, create 35,000 to 45,000 new jobs, generate $7.5 to 8 harnesses the energy of the Rochester community, leverage public investments to attract compelling vision that ls to create a goa establishes described in Section 1 of this chapter,The DMC Development Plan, and other projects that will help advance the Mayo Clinic vision. Clinic as a global medical destination center by providing public financing for infrastructure port the Mayo private partnership created by the Minnesota state legislature to sup-a publicAs described in the project narrative, the DMC is 72 years with support from the DMC initiative.c is anticipated to be the primary driver of growth in Rochester over the next 20 Mayo CliniInstitutional Growth services, followed by local government and education.The largest job growth is expected in healthcare and social 71 0 to 166,000 in 2040.2128,400 jobs in 20ed to add approximately 38,000 jobs by 2040, with an increase from Olmsted County is also expect 8 89 360 https://www.rochestermn.gov/home/showpublisheddocument/29040/637342159342600000TOD Plan: 75 demonstrating a strong and still growing interest in urban living. More than 125,000 square feet of growth. The downtown area is experiencing increases in the frequency and intensity of development, ransit is an opportunity for additional Rochester is experiencing a healthy economy and Link Rapid T opportunity site parcels and additional development in these areas is anticipated. (Heart of the City North, City Walk Apartments, and Bryk on Broadway) are all located on scribed in Section 4.2 was completed: the three proposed new residential developments deThe acreage of opportunity sites has decreased slightly in the two years since the TOD Plan surface lots in the downtown area.and large dustrial buildings that are ideal for redevelopment,parcels with aging and obsolete invacant lots, identified opportunity sites including -147 acres of newly described in Section 5.1 andidentified opportunity sites as -the 93 acres of DMC . These opportunities include17Figure , in the TOD Plan identified in Link Rapid Transit station areas werestrong redevelopment potential pproximately 240 acres of land with n the work conducted for the DMC Development Plan, aBuilding o development.supportive densities, and the region’s strong economy and real estate market will support that -transitA significant amount of land in the Link Rapid Transit station areas is available for redevelopment at Area Land for Development Adaptability of Station 5.2. same period.per year. Additionally, Mayo Clinic could grow by up to 5 million square feet throughout this square feet of development through 2040, or an average of 425,000 square feet of development could generate 8.5 million Growth across the residential, retail, hotel, and office sectors expected in Olmsted County from 2020 to 2040.Including this planned development, demand for up to 1.35 million square feet of office space is h and innovation center at One Discovery Square. foot researc-by 2024, as well as a 90,000 squarearea. In the near term, 330,000 square feet of office space is planned to be added in the project area route, with 97 percent of upcoming projects permitted and/or under construction within the project ansit Office development in Olmsted County is highly concentrated around the proposed Link Rapid Tr potential for up to 850,000 square feet of new hotel development from 2020 to 2040.could support up to 400,000 square feet of retail development. There is market area; this demand new retail demand over this timeframe, up to 60 percent of which could be captured in the project multifamily units in the project area in this period. The market analysis also forecasts $439 million in rate and 2,400 affordable -0 marketThe market analysis anticipates demand for 3,25 75 2040.the expected demand for development in Olmsted County and the project area from 2020 to aboutprovide more detail to in 2020 real estate market analysis was completed as part of the TOD Plan A Market Real Estate employment sectors in the area.technology and biosciences, which are supportive of and complementary to the existing major strategy is fostering an entrepreneurial ecosystem in DMC, focusing in particular on medical nd expand its growth. A key The City has recently undertaken efforts to diversify economic base aHealth care and social assistance: 20.9 percent compared to the U.S. at 15.8 percent.• 9 361 ncome housing. i-and moderate -such as open space or pedestrian amenities, efficient design, or lowup to 4.0 provided that developments fulfill incentive development provisions by providing features 4 General Commercial District, which permits FARs of -way 52 are zoned Bparcels adjacent to Highstyle development; the remainder have surface parking lots or are vacant. Two -density, suburban-potential redevelopment sites and are zoned as TOD Corridor. Most of these parcels have existing Avenue station were identified as th acre lots on 2nd Street SW proximate to the 19-to 2 -1Several 0. maximum floor area ratios (FARs) of up to 4.0.density classifications in the city with -Development (TOD) Corridor, which is one of the highestOriented -sites near the West Transit Village. These parcels all lie within an area zoned as Transitt acre parcel with a surface parking lot were also identified as potential redevelopmen-and a fourth onedensity development -acre parcels with low-to 5 -square feet of office and retail development. Three 2using units totaling 534,000 square feet and 55,000 defined in the TOD Plan calls for 485 new house development will be constructed. The West Transit Village concept -West Transit Village mixedThe main redevelopment site in the West Gateway is the Mayo West Lot, which is where the future eway Station AreasWest Gat Potential Redevelopment Sites in the Project AreaFigure anticipated development is described in detail in the following sections.e magnitude and type of development potential in each segment of the project area. This identifies thdriven market assessment that -depth, data-The TOD Plan adopted by the City is supported by an in square feet of commercial and 427 residential units more are proposed.pment and 1,000 residential units were built from 2015 to 2020 and 210,000 commercial develo 0 9 362 development.development; 165,000 square feet of office development, and 150,000 square feet of hotel construction; 20,000 square feet of retail development; 223,000 square feet of Mayo Clinic/healthcare sidential square feet of development, including 420 homes totaling 462,000 square feet of reoriented development. The TOD Plan highlights potential for more than one million -that support transitrea, these zoning classifications permit a range of uses and densities Avenue station a nd with the 22X zoning does not include any FAR requirements. As -Density Residential Extra zones. R-2X Low-Fringe, TOD Corridor, and R-station, most redevelopment sites lie within CDC Street th 6Around the met, there is no upper FAR limit.development incentives are Fringe permits FARs of up to 4.0 by right; if -Fringe, and TOD Corridor areas. CDC-Residential, CDC-Business District (CBD) zone; to the north and east, potential redevelopment sites are in CDCCentral -tunities lie within the CDCProximate to the Civic Center station, most redevelopment oppor use development.-supportive mixed-residential uses at a range of intensities and densities, encouraging transit-housing types and nonridor areas. These zoning designations permit a variety of Industrial, and TOD Cor-Commercial1 Mixed -Density Residential Extra, M-2X Low-Density Residential, R-4 High-Residential, R-Medical; elsewhere in the station area, redevelopment opportunities lie within CDC-zoned as CDCAvenue station all lie within areas nd present. The parcels immediately surrounding the proposed 2Throughout the Downtown Core, several redevelopment opportunities at a range of magnitude are Downtown Core Station Areas development.Clinic/healthcare development totaling 83,000 square feet, and 80,000 square feet of hotel square feet of residential development, new retail development totaling 27,000 square feet, Mayo potential for development of 230 homes totaling 255,000 upper FAR limit. The TOD Plan details the Medical areas by default; if development incentives are met, there is no -to 1.5 are allowed within CDCis focused on providing for medical uses and supportive retail and service industry uses. FARs of up al zoning Medic-Medical. CDC-Residential and CDC-Avenue station, lying within areas zoned as CDCresidential floors. Several large redevelopment opportunities are identified immediately east of the 6th esidential floors and FARs of 2.42 for buildings with 13 or more up to 2.0 for buildings with 12 r4 zoning allows for FARs of -have a maximum FAR, provided that development incentives are met. RResidential does not -1 areas. CDC-Incentive development provisions allow for FARs of up to 2.0 in Bntial redevelopment sites. 1 General Business District are identified as pote-Residential, and B-Density Residential, CDC-4 High-In the 6th Avenue station area, several small parcels in R Clinic/healthcare development. are feet of retail development, and 600,000 square feet of Mayo square feet, 30,000 squdevelopment in the Saint Marys Transit Center station area, including 305 homes totaling 338,000 shopping mall. The TOD Plan highlights potential for nearly one million square feet of new style -density, suburban-ly consists of a lowzoned for a planned unit development that currentadjacent parcels found northwest of the station, comprising more than seven acres total, lie in an area which allow for FARs of 2.0 and 4.0, respectively, when development incentives are met. Two District, 4 General Business-1 General Business District and B-sites. These properties are zoned as Bdensity uses, surface parking lots, or no existing uses were identified as potential redevelopment -enter station, several small parcels along 2nd Street SW with Near the proposed Saint Marys Transit C City Corridor Station Areas development and 35,000 square feet of retail development in this station area.The TOD Plan anticipates construction of 270 homes totaling 300,000 square feet of residential 1 9 363 %20%202020%20compressed_0.pdf-0Housing%20Study%20FINAL%2002/Olmsted%20County%20Comprehensive%2-https://www.olmstedcounty.gov/sites/default/files/2021Comprehensive Housing Needs Assessment: 77 n.gov/home/showpublisheddocument/31519/637588490364830000https://www.rochestermDowntown Waterfront Southeast Master Plan: 76 for stabilized properties. A review of over 8,400 percent vacancy rate has risen to about 5, the significant number of market rate apartments has been constructed in recent yearsBecause a ) products. percent ) and subsidized rental housing (1.2percent housing (2.8rates are extremely low among affordable rental properties in initial lease up. Rental vacancyexcluding percent, The overall rental vacancy rate in the Olmsted County Market Area is 4.4 new housing units by 2030. 18,085more than The study anticipates demand for .Rochester without being cost burdened monthly rents inrate -; put another way, only 38 percent of existing renters can afford marketrate apartment-n renting a marketwhewould experience housing cost burden in Rochester ouseholdsrental hpercent of Approximately 622.5 percent and falls slightly below market equilibrium (3 percent). up period are excluded from the inventory, the vacancy rate is reduced to -in the initial lease. The study notes that if buildings still percent 4.6of throughout the county with a vacancy rate restricted affordable housing units -existing income 2,542 49 projects with study identifiesThe 77 expected demand for housing and the types of housing needed to meet these demands.ment that evaluated existing and In 2020, Olmsted County completed a housing needs assess Comprehensive Housing Needs Assessment Specific Affordable Housing Needs and Supply-Evaluation of Corridor 6.1. income households.-extremely lowo create affordable housing; and the needs of very and activity thousing; financing tools and strategies to support the development of affordable housing; developer following sections discuss affordable housing needs; plans and policies to increase affordable nt for the need for deeply affordable housing. The demonstrated a continuing commitment to accoucontributed to the production and preservation of affordable housing, and the City and County have Consolidated Action Plan as well as zoning incentives for affordable housing. Developers have Year -and the FiveHousing Needs Assessment, the TOD Plan, the Comprehensive Plan 2040, of affordable housing, particularly in the downtown area. These efforts include a Comprehensive e to recent growth, the City of Rochester has increased its efforts to promote development In respons Tools to Maintain or Increase Affordable Housing in Corridor6. realm improvements. The remainder of the site is reserved for public townhouse district with workforce housing. area is intended to be a DWSE The southeast quadrant of the evelopment.residential dthe east portion of this area is reserved for affordable north end of the DWSE area, anddensity office/medical use at the -commercial, and a proposed hotel. The plan calls for highith a variety of uses including events/gatherings, retail and the center of the neighborhood wfaced industrial warehouse is intended to be -processing plant at the heart of the area, a brickAround the AMPI stack and former milk 76 details the development vision for this area.rther ster Plan, adopted in April 2021, fu(DWSE) The Downtown Waterfront Southeast 100,000 square feet of additional development.the potential for the addition of 1,600 homes totaling 1.8 million square feet in development as well as tation, describing Street s th 6the aroundment opportunities The TOD Plan identifies additional develop 2 9 364 homebuyers.income -ll as down payment assistance for lowincome households as we-occupied by lowaffordable homes in the city of Rochester. This includes funding to make needed repairs to homes Year Consolidated Action Plan identifies priority projects to maintain existing -2024 Five-The 2020 olidated Action PlanYear Cons-Five planned neighborhoods.-Providing incentives to developers to accommodate affordable housing up front as part of well•housing by style and cost.cost housing, especially providing for mixtures of-Increasing the supply of land zoned for lower•condominiums, and apartments.designed private development proposals that include townhouses,-Supporting well•employment centers, neighborhood amenities, and commercial services.ed housing in locations that are accessible toquality subsidiz-Supporting LIHTC and other high• identifies the following strategies to preserve and increase affordable housing in the city:The Comprehensive Plan identifies a critical shortage of affordable housing in Rochester and mprehensive Plan 2040Planning 2 Succeed: Rochester Co City of Rochester Plans and Policies to Preserve and Increase Affordable Housing in the Region and/or Corridor 6.2. percent (1,000 to 1,200 units) affordable at 80% AMI or below.new units over this timeframe with 20 to 25 units from 2020 to 2040, and calls for developing 4,000rate -affordable housing. The study anticipates demand for 2,400 affordable units and 3,250 marketoccurring -restricted; the remainder are naturally-Transit Project area, 811 of which are incomeRapid LinkThe TOD Plan, completed in 2020, identifies 4,579 existing affordable housing units in the Oriented Development Plan-Transit pursuing new developments and collaborating with interested developers. ments. This housing needs analysis will be used when served by existing affordable develop-less than 30% or 50% AMI because households earning 60% AMI are already reasonably wellstrongly recommends promoting housing developments that will serve households earning income development. The study -or in a mixed be built in a fully affordable developmentstyle and may -or townhome -apartmentCounty. The study suggests that these units may be recommended development of affordable products across all submarkets within Olmsted n 2,000 affordable units through 2030 and The study identified demand for more tha income tenants have moved to newer construction. -occurring affordable housing as higher-provide affordable rents for local residents, though others have noted vacancies in naturallytaxes make it more difficult to AMI. Property managers also noted that escalating propertyin Olmsted County; most existing affordable housing is targeted to households earning 60% property managers shared a belief that there is an extreme need for deeply subsidized housing Several eeds. developers’ and property managers' perspective on affordable housing n The Housing Needs Analysis also identifies barriers to providing affordable housing and County Market Area.se units as they are the bulk of the affordable housing supply in the Olmsted preserving the. Emphasis should be on )or less of AMI percent earning 60 sunits affordable to household( naturally occurring affordable housingof units were percent market rate units found about 71 3 9 365 ge%2FEXTStandardLayoutnhousing.gov/sites/Satellite?c=Page&cid=1363132277702&d=Touch&pagename=External%2FPahttps://www.mMinnesota Housing Multifamily Program Guides: 78 rental housing units produced as a result of new construction, rehabilitation, or acquisition year reduction in tax liability to owners and investors in eligible affordable -LIHTC offers a ten Income Housing Tax Credit-Low 78 existing rental housing, or refinancing/debt restructuring.for new construction, substantial rehabilitation of rental housing, acquisition and rehabilitation of mortizing first mortgage loan This loan program is for developers of affordable housing and offers an a Income Rental Program-and Moderate -Low State of Minnesota financing tools and strategies is provided in the following sections.Detailed discussion of all available . able at 80% AMI, and 108 affordthat are affordable at 60% AMIunits 54 units affordable at 50% AMI, 168developments include new developments. These f in fdevelopers have leveraged LIHTC funding and tax increment financing to provide affordable housing Since 2015, income housing tax credit (LIHTC), rehabilitation loans, and tax increment financing (TIF). -and strategies to facilitate the preservation and development of affordable housing, including the lowy, and the City of Rochester have adopted a variety of tools The State of Minnesota, Olmsted Count Housing in the Region and CorridorAdopted Financing Tools and Strategies Targeted to Preserving and Increasing Affordable 6.3. District.blish policies that incentivize the integration of affordable housing in the DMC organizations to estaplan recommends that the DMC EDA work with federal and state agencies as well as local Assessment in its assertion that developing affordable housing is a critical need for the DMC. The g the Olmsted County Comprehensive Housing Needs component of a vibrant downtown, citinrate and affordable housing as a critical -The DMC Development Plan identifies a mix of market Destination Medical Center Development Plan family homes.-projects, all of which are typically more affordable than single multifamily housing including cottage developments, accessory dwelling units, and apartmentOriented Development zoning classifications encourage the development of -Residential, and TransitDensity -4 High-Density Residential, R-3 Medium-esidential Extra, R2X R-Furthermore, the Rincome families.-documents guaranteeing the use of those dwellings for lowThe development application is accompanied by covenant documents or other adequate•Subsidized by the federal, state, or local government.•t least 25 years.income families for a-that the units will be made available to lowProvided under a contract with a governmental housing authority which provides assurance• income families. The affordable units shall meet one of the following three requirements:-ed for lowincome housing. One extra unit is permitted for each unit construct-for the provision of low As described in the Supportive Zoning section, Rochester’s zoning code establishes density bonuses Zoning 4 9 366 https://www.mnhousing.gov/get/MHFA_012405HOME Affordable Rental Preservation Program Manual: 84 https://www.mnhousing.gov/get/MHFA_006113Economic Development and Housing Challenge guide: 83 https://www.mnhousing.gov/sites/multifamily/hibHousing Infrastructure Bonds: 82 https://www.mnhousing.gov/download/MHFA_002031Housing Trust Fund guide: 81 https://www.mnhousing.gov/s ites/multifamily/guidesPARIF guide available for download: 80 /multifamily/taxcreditshttps://www.mnhousing.gov/sitesIncome Housing Tax Credit in Minnesota: - 79 that may be used for rehabilitation and preservation of public housing developments owned by a local terest loans percent in-year, zero-The Publicly Owned Housing Program (POHP) offers forgivable 20 Publicly Owned Housing Program based federal or state subsidies and can be used for acquisition and/or rehabilitation.-projectof permanent affordable rental housing with used to assist in the preservation and stabilizationFunds are 84 MHFA distributes these deferred loans to developers or owners of affordable housing. HOME Affordable Rental Preservation Program with a minimum of four units in scattered site developments.s family and duplex propertie-permanent rental housing with a minimum of four units, including singlewithin a community or region and can be used for acquisition, rehabilitation, or new construction of sing that supports economic development or job creation used to assist in the development of houFunds are 83 MHFA distributes these deferred loans to developers or owners of affordable housing. Economic Development and Housing Challenge Program Preservation of federally subsidized rental housing.•west incomes.loAffordable housing for seniors 55 and older with a preference for serving seniors with the•Permanent supportive housing for individuals and families experiencing homelessness.• used to fund loans that finance projects meeting one of the following uses: may beThe proceeds 82 authorized by appropriations from the General Fund of the Minnesota Legislature.exempt bonds issued by the MHFA and -Housing Infrastructure Bonds are limited obligation tax Housing Infrastructure Bonds is prioritized for this funding.rental, or permanent supporting housing experiencing long term homelessness such as emergency shelters, transitional housing, permanent Development serving households 81 assistance to support the development of affordable housing.ing subsidies, and rental The Minnesota Housing Finance Agency (MHFA) distributes loans, operat Housing Trust Fund Capital condition, diminished owner capacity, conversion to market rates.Risk of loss may be a result of one or more of the following factors: deteriorating physical 80 being lost.assisted permanent rental housing where the federal subsidies are at risk of -preservation of federallyThe Preservation Affordable Rental Investment Fund (PARIF) provides funding to assist in the Rental Investment Fund Preservation Affordable units.development, affordable at 60% AMI, received LIHTC to facilitate provision of these affordable rd unit Village on 3-The 66 rail stations are rated higher and more likely to receive financing.il, bus rapid transit, or commuter half mile of light ra-Projects within one 79 with rehabilitation. 5 9 367 plan-consolidated-year-five-2024-grant/2020-bl-development-development/community-https://www.rochestermn.gov/government/departments/community2024 Consolidated Action Plan: -2020 89 programs-ilitationrehab-property/housing-https://www.olmstedcounty.gov/residents/landOCHRA Housing Rehabilitation programs: 88 ge%2FEXTStandardLayoutpagename=External%2FPahttps://www.mnhousing .gov/sites/Satellite?c=Page&cid=1358904992980&d=Touch&Rehabilitation Loan Program: 87 dardLayoutanhttp://mnhousing.gov/sites/Satellite?c=Page&cid=1513009820974&pagename=External%2FPage%2FEXTSt4% Housing Tax Credits: 86 .%20housing%20publicge%2FEXTStandardLayout#:~:text=POHP%20is%20a%20competitive%20funding,and%20preservation%20ofhttps://www.mnhousing.gov/sites/Satellite?c=Page&cid=1403296 151009&d=Touch&pagename=External%2FPaPublicly Owned Housing Program: 85 identifies barriers to affordable housing, and evaluates existing economic conditions.ng housing stock and assesses its condition,A market analysis that inventories the existi•related to homelessness.of substandard housing, housing cost burden, demand for special needs housing, and issuesA needs assessment that evaluates the need for rental and ownership housing, the presence• es: The plan also includ 89 Housing and Urban Development (HUD).priorities for the City’s housing and community development programs for the U.S. Department of Year Consolidated Plan includes a detailed strategic plan that outlines -2024 Five-The City’s 2020 anConsolidated Pl City of Rochester 88 livability, and energy efficiency of their homes.income homeowners to assist in maintaining, repairing, and improving the safety, -and moderate -Rehabilitation Loan Program provides financial assistance to qualifying lowThe OCHRA Housing OCHRA Housing Rehabilitation Loan Program Olmsted County 87 their homes.home improvements that directly affect the safety, habitability, energy efficiency, and accessibility of income homeowners in financing -to moderate -sists low The MHFA’s Rehabilitation Loan program as Rehabilitation Loan Program requirements must be recorded against the property.income housing project. A land use restrictive covenants enforcing the rent restrictions and occupancy -ng is a part of a qualified lowminimum of 30 years beginning with the first day in which the buildiincome use for a -Recipients of these housing tax credits must maintain the duration of low 86 units.housing tax credits for developers of multifamily residential projects with affordable MHFA distributes 4% Housing Credits 85 nature.unit of government, particularly to address health, safety, and conservation issues of a capital 6 9 368 https://www.rochestermn.gov/home/showdocument?id=26828Rochester TIF policy: 93 gcoalition/https://rochesterarea.org/initiatives/housinCoalition for Rochester Area Housing: 92 homes/-https://rochesterarea.org/initiatives/firstFirst Homes: 91 https://www.rochestermn.gov/home/showdocument?id=7951Single Family 2% Rehabilitation Loan Program: 90 AMI. The project received $3.6 million in TIF.use development with 22 units affordable at 60%-unit mixed-Avani Living Apartments, a 107• :, includingon a continuing basis to provide affordable units, several recent developments in Rochester have used TIF and 4.1 3.2 sAs described in Section AMI.units affordable at 50% include a housing component should make 20 percent of units affordable at 60% AMI or 10 percent of least 20 percent of units to be affordable to people earning 50% AMI. Other development projects that n income (AMI) or lower, or at of units to be affordable to people earning 60 percent of the area mediaoccur without municipal involvement. Housing TIF District projects must provide for at least 40 percent ves may be provided when the city believes that a desired development would not development incentiThese 93 affordable housing.maintain and construct economic and employment base; and to the city’s older residential, commercial, and industrial areas; to preserve and expand the city’s F) and tax abatement to encourage redevelopment of Rochester provides tax increment financing (TI Tax Increment Financing and Tax Abatement committed funds to supporting the Coalition’s work.The City of Rochester, Olmsted County, and Mayo Clinic have 92 housing in the Rochester area.nd preserve affordable invests in, manages, and distributes funds and related resources to create athe Coalition for Rochester Area Housing, which is a collaborative community program that acquires, The Rochester Area Foundation provides administrative support for e assistance.gap loan mortgagFirst Homes also provides 91 owned land.-while preserving the affordability of homes located on trustincome families become homeowners -and moderate -maintains a community land trust to help lowFirst Homes ition for Rochester Area Housing. housing in the Rochester area: First Homes and CoalThe Rochester Area Foundation supports two initiatives intended to preserve and increase affordable Rochester Area Foundation with physical disabilities.eeded to enable the full use of a home by a person Rehabilitation Standards, or make modifications nenergy conservation measures, remove environmental hazards, implement changes required by homeowners earning less than 80% AMI with repairs necessary to correct code deficiencies, install program to assist funded-is a CDBG 90 The Single Family 2% Rehabilitation Loan Program Single Family 2% Rehabilitation Loan Program home repairs, and assistance benefitting qualifying homebuyers.velopment of affordable housing, assistance to qualifying homeowners in need of preservation and deThe City uses federal Community Development Block Grant (CDBG) funds to provide for the paint.based-homelessness, barriers to affordable housing, and housing safety issues such as leadhat influence housing, public housing investment,(CDBG) funding, market conditions tA strategic plan that addresses priorities for future Community Development Block Grant• 7 9 369 .18Figure ng section and shown in affordable housing component, as described in the followiaffordable housing throughout the city. There are several recent and upcoming developments with an As Rochester experiences significant growth, developers continue efforts to preserve and increase rEvidence of Developer Activity to Preserve and Increase Affordable Housing in the Corrido 6.4. pilot program will be evaluated and additional funding will be considered. available through the end of January 2023. At the end of 2022, the performance of the will be fair and equal access to adequate affordable housing, now and in the future. Program funding occupied affordable housing citywide, increase housing variety and affordability, and support -sement Pilot Program are to support the development of ownerThe goals of the Fee Reimburoccupied housing.-residential development to owner-Conversion of non•occupied housing units.-family, owner-Development of new multi•occupied housing units.-family, owner-Development of new single• of up to $20,000 per unit: affordable homeownership. The following project types may be eligible for fee reimbursemenIn March 2022, the Rochester City Council approved the use of $500,000 to expand access to Fee Reimbursement Pilot Program. All 66 units are affordable at 60% AMI.housing tax creditsincome-unit development that received $660,000 in TIF as well as low-Village on Third, a 66•AMI.units affordable at 50% AMI, 18 units affordable at 60% AMI, and 108 units affordable at 80%that received $2.2 million in TIF and has 54 unit development-The Bryk on Broadway, a 180•at 50% AMI.unit development that received $1.7 million in TIF and has 19 units affordable-, a 92 th Flats on 4•60% AMI.use development with 29 units affordable at-unit mixed-Residence at Discovery Square, a 143•income housing tax credits.-received $435,000 in TIF and lowunit development with all units affordable at 60% AMI. This project-1st Avenue Flats, a 68•F.received $1.4 million in TIunit development with 15 units affordable at 60% AMI. This project-Kutzky Park Place, a 90• 8 99 370 . facilitate provision of affordable unitsto The project received $1.7 million in TIF AMI. rate and 19 of which are affordable at 50%-are marketstation. Construction on the project was completed in 2015 and it includes 92 units, 73 of which Street th 6unit apartment development located at 412 SE 3rd Avenue near the proposed -Flats on 4th is a 92 th Flats on 4ts affordable at 60% AMI and received $1.4 million in tax increment financing. includes 15 uniunit apartment development located at 408 8 ½ Avenue NW. The project -The Park is a 90 The Park square feet of commercial space. AMI, as well as a 30,000 square foot Fresh Thyme grocery store and an additional 10,000 h are affordable at 60% million in tax increment financing and includes 107 units, 22 of whicproposed Saint Marys Transit Center station at 40 17th Avenue SW. The project received $3.6 use development located near the -As described in Section 4.1, Avani Living is a new mixed vingAvani Li Project Area Proposed, Under Construction, and New Developments with Affordable : 18 10 )Source: Apartment FinderRiverwalk Apartments ( rate units and 30 units that are affordable at 60% AMI.-marketdowntown at 449 E Center Street, proximate to the Civic Center station. The project includes 107 unit apartment development constructed in 2016 and located near -Riverwalk Apartments is a 152 Riverwalk Apartments )th Source: Flats on 4( Flats on 4th 0 10 )Source: Velair ManagementAvenue Flats ( st 1 income housing tax credits. -financing as well as lowThis development received $435,000 in tax increment units are affordable at 60% AMI. and all 68Avenue Flats opened in 2017 st The closest station to this development is the Civic Center station. 1unit apartment development located near downtown at 400 1st Avenue NW. -Avenue Flats is a 68 st 1 Avenue Flats st 1 )Source: INH Properties( SquareResidence at Discovery and 29 of which are apartments affordable at 60% AMI.rate apartments -and opened in 2016. The development includes 149 units, 120 of which are marketAvenue station nd covery Square is located at 511 3rd Avenue SW near the future 2Residence at Dis Residence at Discovery Square 1 10 https://www.rochestermn.gov/home/showdocument?id=258152024 Consolidated Action Plan: - 94 The Annual 94 income households.-will have a disproportionate impact on very and extremely lowidentifies the greatest housing needs in the city, highlighting those that The Consolidated Action Plan Year Consolidated Action Plan-2024 Five-2020 City of Rochesterprograms, and providing permanent supportive housing through state funding.based vouchers, enhancing housing stability through funding and loan-ctopportunities for projeExpand affordable housing opportunities by applying for available funding, considering•consideration of repositioning for some or all public housing units.continuing improvements to public housing units using available funding; andprograms; Income Public Housing-through administration of the Housing Choice Voucher and Lowincome people-income and very low-Provide safe, decent, and affordable housing to low• income households:-extremely lowifies the following goals to serve very and Year Public Housing Agency (PHA) Plan ident-OCHRA’s 5 Year Public Housing Agency Plan-Olmsted County Housing and Redevelopment Authority 5 Olmsted County use period of an additional 15 years.ent and tenant income restrictions for 15 years with an extended projects must comply with federal rincome housing -rental housing. Project developers may use credits for ten years, and qualified lowincome -The state of Minnesota provides LIHTC funding to encourage the production of affordable low State of Minnesota dorIncome Households in the Corri-and Extremely LowTerm Affordability and the Needs of Very -Extent to Which Plans and Policies Account for Long project also received housing tax credits through the LIHTC program. its and TIF payments began in 2009. The $660,000 in TIF to facilitate provision of these unaffordable to households earning 60% or less of the area median income. The project received Apartments development was built in 2007 and has 66 units that are rd The Village on 3 Village on Third e units.received $2.2 million in TIF to facilitate provision of affordablBryk pedestrian environment, walkability, and connections to multiple forms of transit. space parking garage, and outdoor landscaped gathering spaces that enhance the -a 140the ground floor, project also includes 7,500 square feet of commercial and retail space on The affordable at 50% AMI, 18 units affordable at 60% AMI, and 108 units affordable at 80% AMI. income affordable housing, including 54 units -development features 180 units of mixedstory -currently under construction and is expected to be completed in late 2022. The Destination Medical Center district, located at 401 Broadway Avenue N. The project is income affordable housing project in Rochester’s -Bryk on Broadway is a new mixed Bryk on Broadway 2 10A completed financial submittal checklist.•Supporting documentation.•in Excel format with formulas included rather than just hardcoded numbers.submitted electronicallyyear cash flow model -A comprehensive financial plan, including a 20•A completed Small Starts Finance Template.• submittal includes:The City of Rochester does not meet the criteria for a streamlined financial evaluation, so this COMMITMENT CRITERIALOCAL FINANCIAL Low-Medium%3.6- New weekday linked transit trips Environmental Benefits Estimated Rating in Rating dValue Use Measure Environmental Benefits Estimated Rating: 18Table .18Table Benefits is shown in Please refer to Appendix A: Small Starts Criteria Template. The estimated rating for Environmental ENVIRONMENTAL BENEFITS Ratio of housing costs to median income.•s.energy, maintenance, and transportation costEstimated proportion of households paying more than 45 percent of income for housing,•Proportion of households paying more than 30 percent of income for housing costs.• policies:aluate the effectiveness of these The Comprehensive Plan identifies the following measures to evProvide incentives to developers to accommodate affordable housing.•that are accessible to all modes of travel by all age and ability levels.d by income, race, ethnicity, age, and ability, andProvide for neighborhoods that are integrate•housing by style and cost.cost housing, especially providing for mixtures of-Increase the supply of land zoned for lower•development areas., apartments, and appropriate commercial uses as part of neighborhoodcondominiumsdesigned private development proposals that include townhouses,-Support well•services.locations that are accessible to employment, neighborhood amenities, and commercialncome tax credit housing and other subsidized housing of high quality ini-Support low• term availability:-increase the supply of affordable housing and account for longThe Rochester Comprehensive Plan includes the following goals and policies with the intent to Comprehensive Plan 2040 the Consolidated Action Plan.dentified in Action Plan stipulates how funds will be used to meet the needs and achieve the goals i 3 10 Please refer to Appendix C: Financial Plan and Supporting Documentation. OCUMENTATIONSUPPORTING D .Please refer to Appendix C: Financial Plan and Supporting Documentation LANP INANCIALF Please refer to Appendix A: Small Starts Criteria Template. EMPLATET INANCEF ROJECTP TARTSS MALLS*As of August 12, these items are still being confirmed. *$230MDebt capacity is other committed fundsdebt capacity, cash reserves, or Access to funds via additional -Medium Conservative estimatescost Financial plan assumptions and assumptions (50%)estimates and planning capital and operating cost Reasonableness of *%55 funds committed or budgetedoperations and maintenance Percent of opening year system Medium 100% budgeted.capital funds committed or section 5309 -Percent non (25%)and operating funds Commitment of capital related only-COVID yearsService cutbacks in recent Positive Historical cash flow *AAA Bond ratings Current ratio -Medium years 9 Average bus fleet age operating condition (25%)Current capital and RatingEstimated in Rating dValue Use Measure : Financial Commitment Estimated Ratings19Table .19Table Estimated ratings for Financial Commitment are shown in 4 10 Appendix A X TemplateProject Description and Small Starts Project Finance Maintenance sectionOperations and assumptions in expense section. Operating Travel Forecasts assumptions in Ridership Appendix C Ximplications for the project and transit systemRegional economic forecast assumptions and their•accounts included in the financial planAssumptions regarding cash balances or reserve•assumptionside State of Good Repair cost and revenuew-System•hours of service provided, etc.)vehicle miles, vehicle --expenses for each mode (i.e. Assumptions used in the calculation of operating•Debt coverage requirements/assumptions•submittal to FTA)match the ridership estimates used in the rest of thepredict various costs and revenues (these shouldoverall transit system used in the financial plan toproject and annual ridership assumptions for theAverage weekday ridership assumptions for the•when fares are raisedlied to account for ridership losseselasticities appthe frequency and amount of fare increases, and fareFare revenue assumptions, including average fares,•project and overall transit systemfor all capital and operating revenue sources for theal, state, local, and debt proceed assumptionsFeder• used in the financial plan including:Detailed written description/discussion of all assumptions 5-CAppendix Xdebt.and the debt service schedule for all existing and plannedremainder of the transit system; level of service assumptions;for the expenses for the project separated from thosebegin with the current year, and clearly show: revenues andyear cash flow must-electronically and in hardcopy). The 20including capital and operating financial plans (provide bothyear of expenditure dollars)year cash flow statement (in -20 No Yes Not Been ProvidedInformation Has Reason Included Local Financial Commitment Checklist FINANCIAL SUBMITTAL CHECKLIST 5 10 6-Appendix C X documents showing the project listing)TIP/STIP (please provide only relevant pages of these 4-Appendix C X including organizational structure and enabling legislationBackground information and description of the transit agency, 2-Appendix C X (CAFR) for the past 3 yearsAnnual Reports/Comprehensive Annual Financial Reports 2-Appendix C X past 3 yearsAudited Financial Statements and Compliance Reports for the 4-Appendix C X nual Operating and Capital Budgets for the past 3 yearsAnNot applicable X applicabledocumentation of other innovative financing techniques, if Joint development agreements, or description and supporting 6-Appendix C X identifiedEnacting legislation for tax referenda, with relevant sections 6-ppendix CA X specifying state funding for the project, etc.capital program or budget approved by the state legislature budgets or CIPs specifying funding amounts for the project; a approved -relevant sections identified; copies of Boardparty agreements with -thirdcompleted, final, and signed CIG funding sources for the project. Examples include: -Documents demonstrating the commitment level of all non 2-Appendix C X operation)capital funding for the project or the overall transit system f the funding sources that comprise more than 25 percent orequired for all data, and at least 10 years required for major Historical revenue and expense data (minimum of five years documentsection of this Project Narrative X project, including project statusBackground information and description of the Small Starts Supporting Documentation Including: 8-Appendix C X debt capacity, or other available funds.the project, e.g., access to funds via cash reserves, additional s or cost increases on covering unexpected funding shortfallnarrative summary), including a description of a plan for Sensitivity Analysis (spreadsheet calculations as well as Appendix B X worksheet formatexpenditure dollars) in the FTA standardized cost category (in year of Capital cost estimate for the proposed project 6 10 Other materials (if any, please describe): 3-Appendix C X Transit Asset Management Plan 1-Appendix Cin ForecastRegional Economic . productivity gainsefficiency nor ansit service trnot assume public Financial plan does X efficiency or productivity gain assumptionsin preparing the financial plan, plus documentation supporting Local development, demographic and economic studies used 7-only in Appendix Cfor rating purposes ovided Prospectus prbond financing. planning to utilize Rochester is not The City of X commercial paper, etc.) lines,Latest bonding prospectus/credit facility documents (credit 3-Plan in Appendix CAsset Management Included in Transit X replacement schedulesBus and Rail Fleet Management Plans including fleet 6-Appendix C X Capital Improvement Program Documents 6-Appendix C X only relevant pages showing the project listing)Regional Long Range Transportation Plan (please provide 7 M 379 si?tcejorp?sihT?.0991?ni?ADA?eht?fo?egassap?eht?ot?roirp?ro?stnemeriuqer?tnempoleved?dnal?tnerrucot?roirp?depoleved?erew?taht?saera?:sdoohrobhgien?redlo?ni?ssecca?nairtsedep?evorpmi?lliw?sihT?. pamdehcatta?eht?ni?nwohs?saera?devresrednu?ni?seitilicaf?nairtsedep?fo?noitcurtsnoc?eht?ezitiroirp?lliw?tcejorpsihT?.ytivitcennoc?dna?ssecca?evorpmi?rehtruf?dna?nalp?noitisnart?ADA?eht?teem?ot?detcur tsnoc?era?spmar,sdnuf?repoleved?ot?gnidrocca?tcurtsnoc?ot?deriuqer?si?skroW?cilbuP?,spmar?nairtsedep?repoleved?sediseB:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?y tilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?,03?enuJ?yb?detelpmoc?yllaitnatsbus?eb?ot?deludehcs?si?noitcurtsnoC.reddibwol?tnerappa?eht?ot?drawa?na?htiw?deecorp?licnuoC?ytiC? eht?sdnemmocer?tnemtrapeD?skroW?cilbuP?ehT?592,963$?????????????????etamitsE?sreenignE717,154$???cnI?,seinapmoC?rebmeP????.504.765,183$?????cnI?,etercnoC?sdnegeL????.4538,443$??????????????oC?rennoC? elyoD????.309.285,892$???????cnI?,etercnoC?kcaZ-iT????.2????045,652$????????CLL?,gnitcartnoC?smI????.1latoT?diB????????????????????????????????????????????????????:2202?,2?tsuguA?no?deviecer?erew?sdi b?gniwollof?ehT?.spmar?nairtsedep?wen?001?ylraen?edulcni?lliw?egakcap?dib?siht?,lla?nI?.noitacilppa?)GBDC(tnarG?kcolB?tnempoleveD?ytinummoC?a?yb?dednuf?spmar?nairtsedep?dna?;yvel?xat?yb?dednuf?nalPno itisnarT?)ADA(?tcA?seitilibasiD?htiw?snaciremA?eht?fo?trap?era?taht?spmar?nairtsedep?;snoisividbus?wenni?spmar?nairtsedep?dednuf-repoleved?:sdib?eerht?senibmoc?tseuqer?dib?siht?,secirp?dib?rewol?niat bo?oT:evitarraN?tropeR.1274J?.oN?tcejorP?–?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202rof?,045,652$?fo?tnuoma?eht?ni?,.CLL?,gnitcartnoC?smI?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?no itcA???31.F1274?.oN?tcejorP-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202 NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GN ITEE c 380 1274J.oN?tcejorP?“€â?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202?-?teehS?tegduB?tcartnoC?fo?mroF?dradnatS1274J?.oNtcejorP?“€â?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202?-?teehS?tegduB?tcartnoC?f o?drawA?-?noituloseR1274J?.oN?tcejorP?“€â?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202?-?teehS?tegduB:stnemhcattA mleK?ssuR:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evita nretlA??.tnuoma?tcartnoc?eht?fo?%03?fo?ecnawolla?ycnegnitnocdna?,tseretni?,gnireenigne?na?edulcni?stsoc?tcejorp?latoT?.secnatsmucric?neeserofnu?etadommoccaot?desiver?eb?ot?deen?yam?tcartnoc?eht?ni?ot ?deerga?krow?fo?epocs?lanigiro?eht?noitcurtsnoc?gniruD?.)6064J(?sdnuf?repoleved?etavirp?000,003$?ot?pu?dna?,sdnuf?GBDC000,211$?,)5664J(?nalP?noitisnarT?ADA?eht?morf?yvel?xat?000,002$?a?:yb?dednuf?si? tcejorp?sihT:tcapmI?ecruoseR?&?lacsiF 1274J?.oN?tcejorP-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?2202?:tnemesitrevdA?diB?-?gniteeM?licnuoC?:2202?,81?yluJ)5664J(?tnuoccA?noitisnarTADA?eht?ot?tcejorP?kla wediS?2202?eht?morf?000,002$?refsnarT?detpodA?-?gniteeM?licnuoC?:2202?,02?enuJ)PIC(?nalP?tnemevorpmI?latipaC?7202-2202?eht?detpodA?-?gniteeM?licnuoC?:1202?,6?.ceDnalP?noitisnarT?ADA?eht?detpodA?-?gni teeM?licnuoC?:3102?,72?.beF:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sevitaitini?noisulcnIdna?,ytiuqE?,ytisreviD?tnerruc?sa?llew?sa?nalP?noitisnarT?ADA?retsehcoR?fo?ytiC?eht?htiw?tnetsisno 8/17/2022 381 TOTALLand AcquisitionEngineering, Interest, ContingenciesPedestrian Facilities (550)TOTALCOUNCIL ACTION DATETOTALCompletion DateProject Substantial 2022 Pedestrian Ramps in Various LocationsDate of Origination0.0%100.0%138.1%16.0%67.7%(J4606)Developer Funds/Contributions 36.4%25.3%(CDBG)GrantCommunity Development Block 47.6%45.1%Disabilities Act (ADA) TransitionTax Levy (from Americans with FUNDING DISTRIBUTION PERCENTAGE $ - $ 307,848.00 $ 612,000.0049,164.00300,000.00Developer Funds/Contributions (J4606)112,000.00112,000.00(CDBG)GrantCommunity Development Block 146,684.00200,000.00Disabilities Act (ADA) TransitionTax Levy (from Americans with FUNDING DISTRIBUTION $ - $ 307,848.00 $ 443,154.000.0051,308.0073,859.000.00256,540.00369,295.00SUB-TOTAL256,540.00369,295.00CONSTRUCTION COSTSFINALCONTRACTFEASIBIL ITYENGINEER ESTIMATE /08/22/2207/18/2206/30/23Description:07/18/22CIP Project No.: Type: State Aid No.Page No.: Year: 4722J No.Capital Improvement Information:Project No.CityProject Inspector:Ims Contracting, LLC.Contractor:CityEngineering Firm:Russ KelmProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT RESOLUTION382shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andLocationsJ47212022 Pedestrian Ramps in Various approved local improvements: Project No.is authorized for the following Ims Contracting, LLC,contract for construction with isherebyacceptedandexecutionofthestandard City $256,540Minnesota,thatthebidofNOW,TH EREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the lowest responsive and Ims Contracting, LLC.WHEREAS, it appears that Pember Companies, Inc$381,567.40Legends Concrete, Inc$344,835Doyle Conner Co$298,582.90Ti-Zack Concrete, Inc.$256,540Ims Contracting, LLC.received complying with theadvertisement:,the following bids were J47212022 Pedestrian Ramps in Various LocationsNo. WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project Locations.Awarding Contract for Project No.J47212022 Pedestrian Ramps in Various PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF383Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. CITY OF ROCHESTER, MINNESOTA384Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which are attached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$256,540of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with theprices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .June 30, 2023be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.J47212022 Pedestrian Ramps in Various LocationsMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Swenke Ims Contracting, LLC, PO Box 5, Kasson, MN 55944by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J47212022 Pedestrian Ramps in Various Locations385Michael Spindler-Krage, City Attorney____________________________________Approved as toForm & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the M 386:stnemhcattA nessualC?truK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.sevreser?tropria?%001?eb?lliw?gnidnuf;tcejorp?siht?sedulcni?hcihw?,)PIC(?nalP?tneme vorpmI?latipaC?2202-8102?eht?ni?deifitnedi?si?tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF.dednemmocer?tnemesitrevda?dib?-?noissimmoC?tropriA?:2202?,2?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP. od?ew?lla?niytiruces?dna?ytefas?sdebme?dna?,ffats?srewopme?,sredlohekats?ot?evisnopser?si?,ytilibatnuocca?dna?ytiligahtiw?stca?,tsrif?remotsuc?eht?secalp?taht?tessa?ytinummoc?elbaniatsus?a?edivorp?oT "?:noissim?s'ti?htiwtropria?eht?gnitsissa?ot?lacitirc?si?stneve?rehtaew?ytilibisiv?rewol?gnirud?etarepo?ot?tfarcria?rof?ytiliba?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytil auQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.stneverehtaew?ytilibisiv?rewol?gnirud?dnal?ot?tfarcria?wolla?lliw?hcihw?tropriA?lanoitanretnI?retsehcoR?eht?ta?13yawnuR ?ot?hcaorppA?metsyS?gnidnaL?tnemurtsnI?II?yrogetaC?eht?etelpmoc?ot?yrassecen?si?tcejorp?sihT:evitarraN?tropeR.8786J?.oN?tcejorP?-?tropriA?lanoitanretnI?retsehcoR?eht?ta?13?yawnuR?ot?hcaorppA?metsySgn idnaL?tnemurtsnI?II?yrogetaC?eht?etelpmoc?ot?tcejorp?a?rof?sdib?rof?tnemesitrevda?eht?gnizirohtuA:detseuqeR?noitcA???41.FtcejorP?13?yawnuR?ot?hcaorppA?metsySgnidnaL?tnemurtsnI?II?yrogetaC??-?tnemesit revdA?diB NOITCA?ROF?TSEUQER deeR?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE B 387 tcejorP?13?yawnuR?ot?hcaorppA?metsyS?gnidnaL?tnemurtsnI?II?yrogetaC??Â-?tnemesitrevdA?di ADVERTISEMENT FOR BIDS FOR CONSTRUCTION WORK 388 e and payment bonds in amounts performanche successful bidder will be required to furnish separate T tes government.ited Sta UnDepartment of Transportation and/or the Minnesotawill accept a bid bond approved by the otahester, MinnesRocCity of . The tsother contract documene and notic isof contract and the maintenance of said work, if required, pursuant to the provisions of thd arten (10) days after the aw he event the successful bidder fails or refuses to enter into a contract withintn ated damages iidas liqu Rochester, Minnesotaty of Cihe to t The bid security shall be forfeitedthereon. n the body or as an endorsement either is dition” and must not contain any conRochester, MinnesotaCity of ould be made payable to the “id security she bbid amount. The amount not less than 5% of thn an it union,credi Minnesotat or a share draft drawn on a solven, Minnesota State of the urety in sas at bank, a bid bond executed by a corporation authorized to contrac Minnesotacheck drawn on a solvent d fieeither certiby nied in a separate sealed envelopepa, and must be accomfrom www.questcdn.comained and obt , MNCity of Rochesterbe made out on the form furnished by the allproposal sh bid chEa LS 1 Shelter’ x24’& 68 proach Lighting SystemApII -SFALNew ct nstru-06 CoNS LS1 Remove Existing MALSR 31 Approach Lighting System-06 NS0 CY 391, (CV)5 Class e Aggregate Bas MnDOT 22112,900 CY (CV) Granular Embankment6 102MnDOT LF0 416, Schedule 80 PVCcased Electrical Conduit, En-Non 10L-1FAA LF0 308, Wireunterpoise oSolid Bare Copper CL-108 FAA LF0 70,54 824 Power Cable, Installed in Conduit L-lectricalFAA EL-108 FAA 00 SF,4159 Pavement MarkingRemove 620P-FAA CY 8504, ionUnclassified Excavat152 P-FAA Quantity/Unit Approach Lighting SystemII -ALSFConstruct Runway 31 : Base Bid or items on which bids will be received include:Maj bid opening. cified for publicdate specalendar days of the 0 6warded, shall be made within f it is to be a, iof contract wardirregularities and informalities in bids minor , to waivet all bidsMN may require, to rejec of Rochester,y itCe of thit deems advisable. The right is reserved, as the interest later timeh sucor at 2, 202, th 17Octoberon Rochester, MN 55904 , Street SE th hambers of the Olmsted County Government Center, 151 4Cl/Board meeting to be held at the Counci at a publicds bin the owill act Council ity Che RochesterT however, attendance is recommended. ng;tid meebi-prebid meeting. Bidders are not required to attend this -site will be conducted immediately following the pre. A tour of the project 2Rochester, MN 5590, W7600 Helgerson Dr S, maintenance shop conference roomairport at the CDT. .ma00 :11 at 22 20, th 8berSeptem, ursdayTh on d be hel bid meeting will-reA p be read.Clerk and the acting Airport Director or his designee and the names of the bidders and bid amount shall At that place and time bids will be opened before the City . 2, 202 nd 22 September, Thursday CDT on.m. a:00 11 no later than the Rochester City Clerk, 201 4th Street SE, Room 135, Rochester, MN 55904Sealed bids for this project shall be submitted to at the Rochester International Airport.project Phase 2- 31 Approach Improvements the Runway for construction contractorng a kieeCity of Rochester is se hT.AND THE TAKING OF BIDS FOR SAID IMPROVEMENTS , MINNESOTAROCHESTERINTERNATIONAL AIRPORT IN ROCHESTERAT THE 6868NO. CITY PROJECT, PHASE 2-31 APPROACH IMPROVEMENTS RUNWAY F IMPROVEMENTS FOR THE D ESTIMATED COST OANICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT TNO Phase 2- pproach Improvements 31 ARunway 6868NO. ITYC/ Rochester International Airport equ 389 City Clerk, Rochester, MNBy: innesota. , MRochesterof ityCn order of the blished upoPu .1956-941-952please call ocumentsdpaper To order a set of n.igital project informatiodworking with this ngon, downloadigistratiep rembinfo@questcdn.com for assistance in free m1632 or -233-ess of the bidding documents. Please contact QuestCDN.com at 952completensk for at their own ri sonically do electroad the bidding documents se wishing to downlogepaect Search e’s Projtbsin to 8267770#Quest project digital plan documents for $25.00 by inputting ailable at www.questcdn.com. You may download the documents are avidding project bte digital Comple .3 st by October 31Work shall be completed ued.roceed” is isso Pction Notice tru“Constr the ) days afte10( tenhin ittarted wuction shall be sfor this constrThe work under this contract .r, MinnesotaRocheste of approved by thesurety of the contract price, said bonds to be issued by a responsible ercent (100%) d pto one hundre al M 390 htiw?detargetni?dna?detanidrooc?eb?ot?deen?lliw?noitallatsni?SAB?wen?eht?ecnis?suoegatnavdasi?TEBD?eht?htiw?SAB?wen?siht?gnillatsnI?.rerutcafunam?eht?yb?detroppus?regnol?on?dna?,efillufesu?rieh t?fo?dne?eht?ta?,etelosbo?,tnempiuqe?lanigiro?era?SAB?gnitsixe?s'llaH?ytiC?dna?s'yrarbiL?eht?htoB.llaH?ytiC?dna?yrarbiL?eht?rof?)SAB(?metsys?noitamotua?gnidliub?wen?a?si?TEBD?rof?tegdub?eht?ni?dedulc nI?.snoitallatsni?ytiC?erutuf?dna?secruos?ygrene?elbawener?gniredisnoc?srepoleved?etavirp?tifeneblliw?hcihw?ytilibatcurtsnoc?dna?,ngised?,seiticapac?,stsoc?no?atad?edivorp?lliw?tcejorp?noitartsnomeda 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poleved?hcus?rof?yrassecen?erutcurtsarfni?etavirp?dna?cilbup?fo?noitcurtsnoc?eht?dna?tnempolevedererutuf?etomorp?ot?snoitacol?gnikrap?eht?fo?noitacifidom?setalpmetnoc?tnemdnemA?dnoceS?ehthtiw?PUC?ehT ?.htron?eht?ot?etis?IPMA?remrof?eht?dna?,htuos?eht?ot?etis?TRAMK?eht?neewteb?gnikrap?tilpsot?ytiliba?eht?detaerc?ytreporp?IPMA?eht?fo?noitisiuqca?s’naragemaC?.ytreporP?tramK?eht?fo?htron?detacolytili caf?IPMA?remrof?eht?fo?stnemevorpmi?dna?ytreporp?laer?eht?deriuqca?naragemaC?,esaeL?lanigirOeht?fo?etad?eht?retfA?.cimednap?91-DIVOC?eht?ot?eud?senilemit?nopu?deerga?ylsuoiverp?eht?ot?noisnetxena?gni wolla?,1202?,41?lirpA?no?dezirohtua?saw?esael?eht?ot?tnemdnema?tsrif?ehT?.)I?esahP(?sesimerpdesael?lanigiro?eht?fo?noisnapxe?II?esahP?a?detalpmetnoc?,0202?,91?yraurbeF?detad?esael?lanigiro?ehT?.esu?c ilbup?rof?detacided?%5?htiw?secaps?gnikrap?wen?246?rofgnikrap?ecafrus?sedulcni?ytilicaf?gnikrap?II?esahP?ehT?.)TALP020-2202DC?–?knaB?tsaE?orbmuZ(?stol?owtotni?slecrap?51?etadilosnoc?ot?talP?laniF?a?s i?PUC?eht?htiw?ecnerrucnoc?nI?.WS?evA?dr3?fo?tsew?dna?,EStS?ht6?fo?htuos?,ES?tS?ht9?fo?htron?detacol?,ytilicaf?gnikrap?ecafrus?a?fo?tnempoleved?eht?rof?,snoitidnocxis?htiw?,)PUC(?timreP?esU?lanoitidn oC?a?rof?noituloseR?a?detpoda?licnuoC?ytiC?,2202?,81?yluJ?nO:evitarraN?tropeR?.timrePesU?lanoitidnoC?detaicossa?eht?htiw?tnetsisnoc?snoitacol?gnikrap?ecafrus?fo?noitacifidom?a?gniwollacinilC?oyaM?eht ?dna?CLL?naragemaC?htiw?esaeL?II?esahP?eht?ot?tnemdnema?dnoces?a?gnizirohtuA:detseuqeR?noitcA???61.FcinilC?oyaM?eht?dna?CLL?naragemaChtiw?esaeL?II?esahP?ot?tnemdnemA?dnoceS NOITCA?ROF?TSEUQER nesnhoJ?hsoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE P 393 naragemaC?tuoyaL?tcejorP?teertS?ht6?E?-?tibihxEcinilC?oyaM?CLL?naragemaC?tnemdnemA?dnoceS?-?esaeL:stnemhcattA nesnhoJ?auhsoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noi tcA?evitanretlA.tcartnoC?renwO-ytiC?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?,repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF PUC500-2202DC?.oN?timreP?esU?lanoitidnoC?rof?noituloseR?a?fo?noitpodA?–?gniteeM?licnuoC?:2202?,81?yluJ.srenwo?ytreporp?gnirobhgienot?tnes?dna?repapswen?eht?ni?dehsilbup?gniraeh?cilbup?,2202?,81?yluJ ?eht?fo?ecitoN?:2202?,9?yluJ.gniraeh?cilbuP?–?noissimmoC?gninnalP?:2202?,22?enuJ.tnemdnema?esael?II?esahP?tramK?fo?noitazirohtuA?–?gniteeM?licnuoC?:1202?,41?lirpA)PUC800-9102DC(?devorppa?ytilicaF?gni kraP?tramK?I?esahP?–?gniteeM?licnuoC?:0202?,91?.beF:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?tnempoleveder?ot?roirp?esu?miretni?rof?noisiv?s’licnuoC?ytiC?eht?htiw?tnemngilA?.2?tnemeganaMhtwor G?dna?ycnarbiV?cimonocE?fo?ytiroirp?cigetarts?slicnuoC?ytiC?eht?htiw?tnemngilA?.1:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroir SECOND 394 Amendment as if fully set forth below.Second this and are hereby incorporated as part of e above Recitals are true and Th Recitals. 1. agree as follows:, and the City Tenanthereby acknowledged, Landlord, for good and valuable consideration, receipt and sufficiency of which are NOW THEREFORE, AGREEMENT . as set forth in more detail below revisions to the terms of the Leasemake certain other to , and Workredefine the Landlord’s Final , to Leasein the Property term of the Amendment to modify the definition Second desire to enter into this rd’s acquisition of the AMPI Property, Landlord Tenant, and the City Based upon Landlo F. Original Lease.1 to the -to mean that portion of the Property that is not the Phase I Property identified on Exhibit A” is hereby revised Phase II Property The term “Use. Permitted landscape buffers connected to Tenant’sthe New Site Plan (as hereinafter defined) as parking areas and related drive lanes, access ways, and ” is hereby revised to mean those portions of the Full Property outlined and depicted on word “The ”.Full Property Final Plat shall be referred to herein as the “Lot 1, Block 1 on the E. ”).Final Plat(the “ Exhibit C attached hereto as Zumbro East Bank, Final Plat of pursuant to the into Landlord intends to final plat the AMPI Property and the Kmart Property, and in contemplation of future redevelopment In connection with this Amendment D. ”). AMPI Property“(the B Property and identified and legally described on the attached Kmart located north of the quired the real property and improvements the date of the Original Lease, Landlord ac After C. ”).Final Approvals or modifications of existing city approvals (the “”) and the receipt of certain city approvals Landlord’s Final Work demolition and construction work (“”) after the performance of certain Phase II Property”) to include additional leased space (the “I PropertyPhase Original Lease contemplates an expansion of the original leased premises (the “The B. ”). Kmart (the “ Exhibit A, legally described on the attached SE, Rochester, MN 55904 Street th with respect to the property located at 201 9 ”)Lease the “collectively with the Original Lease, ( ”), as amended by that certain First Amendment to Lease dated April 14, 2021 Original Lease(the “ February 19, 2020 Lease datedarties to that the Pare , and CityLandlord, Tenant A. ).”Parties with Landlord and Tenant, the “and collectively ” City”); and the CITY OF ROCHESTER, a Minnesota municipal corporation (“Tenant(“profit corporation -”); MAYO CLINIC, a Minnesota nonMinnesota limited liability company (“by and among CAMEGARAN, LLC, a ) “Effective Date”(the 2022 Julyday of ____ effective as of the made, entered into, and ”) is Second Amendment “Amendment to Lease (this SecondThis AMENDMENT TO LEASE 2.395 ”). ImprovementsStormwater (“Permitted to accommodate Tenant’s by Tenant requested asgovernmental authorities, engineering standards, land use regulations, or as required by within the Phase II Property, stormwater infrastructureand/or modification of Installation e. Propertythe Phase II and bulbs on existing light poles on Installation of replacement light fixtures d. , as identified on the New Site Plan. Propertythe Phase II existing parking areas and new parking areas within e Mill, overlay, and strip c. . ”)Phase II Demolition Work Demolition Work, the “” and collectively with the Partial Kmart n WorkAMPI Demolitio(the “ the New Site Plandepicted on Demolition and removal of miscellaneous buildings on the AMPI Property, as b. . ”) WorkPartial Kmart Demolition(the “ Site Plan, as depicted on the New former leased space for Salvation ArmyProperty, constituting the he existing building located on the Kmart portion a westerlyPartial demolition of a. defined in the Original Lease, is hereby modified and amended to mean and refer to the following work: Work, as such term is Final Landlord’s The Work.Final Modifications of Landlord’s 6. Landlord and Tenant, in the sole and absolute discretion of each of Landlord and Tenant. Parking Relocations must be mutually acceptable to In addition to standard City approvals, any future . proval by the City through the City’s regular planning and zoning processRelocation shall be subject to ap”). Any Parking Parking Relocation of parking stalls on the Full Property by mutual written agreement (“change the location New Site Plan and Landlord and Tenant shall have the right and option to modify the ffective Date, public and private infrastructure necessary for such development, from and after the ETo promote future redevelopment and the construction of the Modifications to Site Plan. 5. plan for the Property.nd the Tenant hereby ratify the New Site Plan as the site of the Effective Date, the City, the Landlord, aAs 1 to the Original Lease.-New Site Plan shall supersede and replace the site plan attached as Exhibit Athe Phase II Commencement Date, the Following . ”)New Site Plan Amendment (the “Second to this D shall be as provided on and the location of parking stalls thereon the site plan of the Full PropertySecond Amendment, of this 5 until such time as a modified site plan shall be approved pursuant to Section and From and after the Phase II Commencement Date Site Plan.Phase II Agreed Initial 4. and the last sentence in Section 1.5 are hereby stricken from the Lease. 1 -Exhibit Aprocess. Landlord and Tenant and approved through the City’s standard land use approvalshall be agreed to in writing between and the location of parking stalls thereon of the Full Property , the site plan Phase II Commencement Date (as such term is defined in the Original Lease)and after the The Lease is hereby amended to provide that, from Modification of Parking Locations. 3. Original Lease to the extent inconsistent therewith. Definitions in the above Recitals shall control over the Lease.Original meanings ascribed to them in the not otherwise defined herein shall have the Words and terms used Defined Terms. 396 with the new date “8/31/2022”. replaced and “Conditions to Requirement” column shall be stricken in the “12/31/2021” date regard to the remaining improvements depicted on the New Site Plan)”; and (iii) the ; Tenant (with Amendment)respect to the specific items listed on Exhibit E to the Second column is hereby stricken in its entirety and replaced with the following: “Landlord (with he “Responsible Party” tII Demolition Work as defined in the Second Amendment”; (ii) on of the Phase hereby stricken in its entirety and replaced with the following: “CompletiWith respect to Required Action line E: (i) the “Required Action” column is . Demolition Original Lease, as modified by the First Amendment, are hereby further modified as follows:The milestones listed on Exhibit D to the .Modifications to Development Milestones Tenant pursuant to the Lease. services furnished to portions of the Full Property that are not the Property utilized by be responsible for payment for any utility operation of the Parking Stalls. Landlord shall including all driveways, buffer areas, and other areas integral to the use or as Exhibit Destate square footage of the Parking Stalls as depicted on the New Site Plan attached hereto relating to the real as described in Section 10 of the Original Leaseand janitorial services Tenant shall pay for all utilities Subsequent to the Phase II Commencement Date, Utilities unmodified and in full force and effect. all terms and provisions of the Lease related to Real Estate Taxes shall remain hereby, Except as amended all Real Estate Taxes payable with respect to the AMPI Property.Taxes payable with respect to the Kmart Property, and Landlord shall be responsible for responsible for all Real Estate to the Phase II Commencement Date, Tenant shall remainPrior l Estate Taxes with respect to the Full PropertyRea of all 53.2% throughout the TermTenant agrees to pay From and after the Phase II Commencement Date, . Real Estate Taxes he Parking Stalls. areas, and other areas integral to the use or operation of tdetail in Subsection 7.2 and Section 8 of the Original Lease, including all driveways, buffer as described in more Parking Stalls as depicted on the New Site Plan attached as Exhibit Dd with the real estate associatelighting, cleaning, inspecting, striping, and insuring the responsible for operating, maintaining, repairing, solely Tenant shall be and remain Operating Expenses and Maintenance. From and after the Phase II Commencement Date, ase.within the time period required under Section 5 of the Original Lethe Final Work Acceptance Notice, in the manner and Tenant shall provide Landlord with of Section 6 of this Amendmentthe requirementWork was performed in accordance with andlord’s Final of the Landlord’s Final Work and Tenant’s reasonable verification that LUpon completion shall be made by Tenant at its expense. modifications desired by Tenantthe Property acceptable for Tenant’s Permitted Use, including improvements or required to make this Amendment, all other improvements or modifications to the Property , as redefined in Section 6 of Except for Landlord’s Final Work. Landlord’s Final Work Original Lease is hereby further amended as follows: The Conforming Amendments b.397 \[Signature Pages to Follow\] Effective Date.Amendment as of the Secondhave executed this , and the CityTenant Landlord, HEREOF,IN WITNESS W hereof and thereof and may only be amended in a writing signed by both parties. and the Lease contain their entire agreement with respect to the subject matter Second Amendment this counterpart hereof shall be fully enforceable in accordance with its terms. The parties acknowledge that counterparts and delivered electronically, in .PDF or comparable format, and an executed electronic Amendment may be executed in Second This et the substantive provisions contained herein.interprheadings used herein are for the convenience of the parties only and shall not be used to amplify, limit, or shall be governed by and construed in accordance with the internal laws of the State of Minnesota. The Second Amendment This and effect. Lease not directly inconsistent herewith shall remain in full force. All remaining stipulations, provisions, covenants and conditions of the Miscellaneous 10. DWSE SAP.SAP to support redevelopment of the site according to the infrastructure improvements within the public realm pursuant to the vision of the DWSE funding for public grant agreement to pursue available sources ofCity’s (ii) and herein, attached hereto and incorporated EExhibit , as generally depicted on Street Bridge th 6a and the construction ofStreet SE th way for a future extension of 6-of-dedication of rightthe Landlord’s (i), at a minimum, includeDevelopment Agreement shall Preliminary and substance acceptable to Landlord and the City, each exercising reasonable discretion.form Development Agreement shall be in Preliminary . The ”)DWSE SAP 19, 2021 (the “Downtown Waterfront SE Small Area Plan dated April in the concepts and vision reflectedin accordance with the development generally Full Property development of theterm ng-lowith respect to the ”)Development AgreementPreliminary (the “ greementdevelopment apreliminary Landlord and the City shall enter into a , , 2023 31March On or before b. no later than December 31, 2024. Kmart Propertyportion of the building located on the Landlord agrees that it will demolish the remaining a. . Additional Development Commitments 9. “06/30/2023”. Development Plan) is hereby stricken in its entirety and replaced with the following: . The “Deadline” column of Required Action G (General anGeneral Development Pl SIGNATURE PAGE OF LANDLORD TO SECOND AMENDMENT TO LEASE 398 Its: By CAMEGARAN, LLC LANDLORD: SIGNATURE PAGE OF TENANT 399 Its By Its By MAYO CLINIC TENANT: TO SECOND AMENDMENT TO LEASE SIGNATURE PAGE OF CITY 400 Its By Its By CITY OF ROCHESTER CITY: TO SECOND AMENDMENT TO LEASE Exhibit A 401 Torrens Certificate of Title No. 37889.0 of Lot 1 and there terminating. degrees 24 minutes 15 seconds azimuth 17.60 feet to the southerly line 8.68 feet; thence 179 degrees 17 minutes 20 seconds azimuth 37.65 feet; thence Southwesterly 224 00 seconds azimuth 16.20 feet; thence Easterly 89 degrees 17 minutes 44 seconds azimuth 34 minutes thence Westerly 269 degrees 17 minutes 44 seconds azimuth 8.68 feet; thence Southerly 179 degrees seconds azimuth 197.90 feet; thence Southerly 179 degrees 17 minutes 20 seconds azimuth 306.46 feet; G; thence Southerly 183 degrees 55 minutes 34 Third Avenue SE 570.37 feet to the POINT OF BEGINNINGrid Azimuth from North of 359 degrees 17 minutes 20 seconds along the westerly right of way line of Commencing at the southeast corner of said Lot 1, Block 1; thence Northerly on a Minnesota State Plane the County Recorder’s Office, Olmsted County, Minnesota, lying west of the following described line:All that part of Lots 1 and 2, Block 1, BRACKEN MEAD SECOND, according to the plat thereof on file in egal DescriptionLKmart – Exhibit 402 Avenue Southeast), 80.00 feet to the point of beginning. along the East line of Lot 3 (being also the East line of NE1/4 of Section 2 and the centerline of 3rd East, feet to the Southeast corner of Lot 4 and the Northeast corner of Lot 3; thence South 00°01'00”South 89°29'30” East, along the South line of Lot 4 and the Northerly line of Lot 3, a distance of 533.00 t, 10.00 feet to the Southwest corner of Lot 4; thence Westerly line of Lot 4; thence South 00°01'00” Eas10.00 feet; thence South 89°29'30” East, 10.00 feet to a point in an Easterly line of Lot 3 and the 00°01'00” West, 80.00 feet; thence South 89°29'30” East, 50.00 feet; thence North 00°01'00” West, e North South line of Lot 3 (for purposes of this description bearings are assumed), 593.00 feet; thencsection line of Section 2 and the -North, Range 14 West; thence North 89°29'30” West, along the mid Lot 3 and the East quarter corner of Section 2, Township 106 Beginning at the Southeasterly corner of parcels:Lot Three (3), Block One (1), Bracken Mead Second Subdivision, EXCEPT for the following described PARCEL V: Abstract Lot 12, Block 91, Original Plat, Rochester, Olmsted County, Minnesota. tractAbs corner, running thence North to the beginning, except the North 170 feet thereof.described, which stake is 417 feet South of the beginning, running thence Easterly to said Southeast North 88° West from a stake in the Southeast corner of the lot herein thence Easterly along said river, County, Minnesota, running thence West 88 feet, running thence South to the Zumbro River, running Commencing at the Northwest corner of Lot 9, Block 91, Original Plat of the City of Rochester, Olmsted PARCEL III: Abstract Lot 6, Block 92, Original Plat, Rochester, Olmsted County, Minnesota. Abstract Street and Cole Street accruing thereto.Rochester, Olmsted County, Minnesota; together with those parts of vacated Henriette Street, Carver Addition to the City of Blocks 94, 95, 96 and Lots 7, 8, 9, 10, 11, 12, 13 and 14, in Block 97, Willson's PARCEL I: egal DescriptionL AMPI – B Subject to an easement for public utility purposes over the Southerly 20 feet thereof, t 403 PARCEL VIII: Abstract thereof.a, excepting and reserving therefrom the East 48 feet Lot 8, Block 92, Original Plat, Rochester, Minnesot PARCEL VII: Titles in and for said County. (Torrens; Certificate of Title No. 38859.0).Rochester, Minnesota, according to the Plat thereof on file and of record in the office of the Registrar of City of The Westerly 297 feet of Lot Four (4), Block One (1), Bracken Mead Second Subdivision, in the PARCEL VI: Certificate of Title No. 38860.0).Quarter line, 38.25 feet; thence North 02°09'41” East, 127.10 feet to the point of beginning. (Torrens; along said West Quarter line of said Section 2; thence South 89°26'54” East,-46.60 feet to the Eastway line, -of-way line, 87.65 feet; thence South 11°57'36” West along said Easterly right-of-Easterly right e described; thence continue South 22°23'06” West along said for the point of beginning of the land to bway line a distance of 67.15 feet -of-88.15 feet; thence South 22°23'06” West along said Easterly right way line a distance of -of-Second Subdivision; thence South 24°07'06” West along said Easterly right ken Mead way line of Chicago and North Western Transportation Company as shown on Brac-of-right distance of 68.43 feet; thence South 66°59'12” East a distance of 24.42 feet to a point on the Easterly east; thence South 00°35'06” West along said vacated centerline a of vacated First Avenue South thence South 89°24'54” East along said South line a distance of 175.48 feet to a point on the centerline distance of 238.94 feet to a point on the South line of Lot 27, Block 99, Willson's Addition to Rochester; °59'06” East a way line a distance of 150.96 feet; thence North 34-of-00°35'35” East along said right West Quarter line a distance of 5.00 feet; thence North -thence North 89°26'54” West along said East West Quarter line of said Section 2; -9.54 feet to a point on the Eastway line a distance of 24-of-said right way a distance of 215.06 feet; thence North 00°30'12” West along -of-07°03'53” West along said right way line a distance of 88.76 feet; thence North -of-thence North 27°31'25” West along said right tance of 54.28 feet; way a dis-of-way of U.S. Highway 63; thence North 05°08'36” East along said right-of-North 89°12'24” West along said North line a distance of 100.29 feet to a point on the Easterly right 8 feet to a point on the North line of Ninth Street Southeast; thence way a distance of 535.0-of-right way a distance of 63.40 feet; thence South 05°08'36” West along said -of-11°57'36” West along said right Western Transportation Company as shown on Bracken Mead Second Subdivision; thence South way line of Chicago and North -of-line of said Section 2 a distance of 827.40 feet to the Easterly rightWest Quarter -14 West; thence Westerly on an assumed bearing of North 89°26'54” West along the East lows: Commencing at the East quarter corner of Section 2, Township 106 North, Range described as folALSO EXCEPT that part of Lot 3, Block 1, Bracken Mead Second Subdivision, Rochester, Minnesota, for ingress and egress.easement 20 feet in width over the Southerly 20 feet of the East 500 feet of the South 80 feet thereof, ogether with an That part of the Southeast Quarter of the Northeast Quarter of Section 2, Township 106 North, Range 14 404 and of vacated First Avenue South East, bounded and described as follows: Commencing at the West of the Fifth Principal Meridian, including part of Lot 27, Block 99, Willson's Addition to Rochester, heast Quarter of Section 2, Township 106 North, Range 14 That part of the Southeast Quarter of the Nort PARCEL IX: Abstract page 422, as Document No. 440762.4 of Misc., -Easement Deed No. 82332, dated June 5, 1981, filed for record January 8, 1982, in Book Madway crossing together with the provisions granted in foot wide private ro-Easement for an 80 A: -PARCEL VIII Abstract Certificate dated October 11, 1995, filed for record October 31, 1995, as Document No. 715101.EXCEPT Parcel No. 236, taken in condemnation by the City of Rochester as shown in Partial Final ALSO 40°39'02” West 154.15 feet; to the beginning.North 03°50'39” East, 69.18 feet; thence South thence North 34°22'59” East, 134.09 feet; thence line of South Broadway, as widened per condemnation dated July, 1978, for a distance of 81.90 feet; point of beginning; thence North 46°12'08” East, 27.69 feet; thence South 00°02'52” East along the east a West line of said Block 99 a distance of 572 feet to the southwest corner of Lot 5, said Block 99, for corner of Lot 17, Block 99, Willson's Addition; thence South 00°02'52” East, assumed bearing, along the described as follows: Commencing at the northwest EXCEPTING THEREFROM the tract or parcel of land North line and Easterly extension thereof a distance of 54.90 feet to the point of beginning.Easterly extension of the North line of Lot 3 of said Block 101; thence South 89°55'43” West along said nt on the extension of the tangent segment thereof, a distance of 671.72 feet more or less to a poi located; thence North 01°37'42” West, parallel with said main track centerline and the Northerly go and North Western Transportation Company as said main track is now the main track of the Chica43.32 feet, more or less, to a point distance 12 feet Westerly, measured radially, from the centerline of a point on the South line of Lot 27 in said Block 99; thence North 89°57'35” East along said South line st, 238.94 feet to thence South 00°02'52” East along said East line 81.90 feet; thence North 34°22'59” Ea point on the East line of Broadway as widened per condemnation by the City of Rochester in July, 1978; r of Lot 5, Block 99; thence North 46°12'08” East, 27.69 feet to a 191.70 feet to the Southwest corne parallel line extended, from the South line of Lot 8 in said Block 99; thence South 40°39'02” West, Broadway, a distance of 660.43 feet, more or less, to a point 11 feet Northerly, measured along said he East line of said 101 for a point of beginning; thence continue South 00°02'52” East, parallel with t line of Broadway a distance of 44 feet, more or less, to a point on the North line of Lot 3 of said Block ence South 00°02'52” East, assumed bearing, parallel with the East said Lot 4 a distance of 125 feet; thCommencing at the Northwest corner of Lot 4 of said Block 101; thence Easterly along the North line of Rochester and of vacated Morton Street, all bounded and described as follows: 100 and 101 in Willson's Addition to West of the Fifth Principal Meridian, including parts of Blocks 99, intersection of the South line of the Northeast Quarter of said Section 2, and the West line of First 405 Avenue S.E., thence south 89°40' west 70.85 feet, thence south 1°35.4' east 411.10 feet, thence north of First First Avenue East to place of beginning, thence north 0°03' west 411.00 feet along the west line 2, to the westerly line of First Avenue S.E., thence north 0°03' west 385.06 feet along the west line of west quarter line of said Section -eet, along the eastTownship 106, Range 14, thence due west 785.35 fRochester, as per the following description: Commencing at the east quarter corner of Section 2, ll that part of Lots 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 99, of Willson's Addition to the City of A PARCEL XI: feet to the place of beginning. (Torrens; Certificate of Title No. 38858.0).of 50.75 feet, thence deflecting to the left from the last course mentioned 10°36' a distance of 87.75 to the right from the previous course 119°48.5' for a distance said section 50.33 feet, thence deflecting 383.57 feet south of the south line of Fifth Street Southeast, thence south parallel with the east line of the previous course 125.44 feet to a point which is 396 feet west of the east line of the section and on 179.8 feet to a point which is the place of beginning of the lands to be described, thence continuingdetermining said boundary, thence deflect to the left from the previous course 93°44.5' for a distance of chester Dairy lands as described in the Judgment place of beginning of the boundary line of the Ro.5' for a distance of 200 feet, thence deflect to the right from the previous course 89°43' a distance 90°14the south line of the said Fifth Street Southeast, said angle measured from the west to the south reet Southeast in Rochester, Minnesota, which is Commencing at a point in the south line of Fifth St PARCEL X: Abstract page 422, as Document No. 440762.4 of Misc., -Easement Deed No. 82332, dated June 5, 1981, filed for record January 8, 1982, in Book My crossing together with the provisions granted in foot wide private roadwa-Easement for an 80 A-PARCEL IX Abstract thence North 89°40' East a distance of 60 feet, more or less, to the point of beginning.feet, more or less, to a point on a line which bears South 89°40' West from the point of beginning; 40 said main track is now located; thence Northerly parallel with said main track center line a distance of and North Western Transportation Company (formerly the Chicago Great Western Railway Company), as rom the center line of the main track of the Chicago point distant 25 feet Easterly, measured radially fSouth line, and the Easterly extension thereof, of said Lot 27, a distance of 95 feet, more or less, to a , to a point on the Easterly extension of the South line of said Lot 27; thence Westerly along the lessthence North 89°40' East a distance of 37.5 feet, more or less, to a point on the center line of said nning of the parcel of land herein described; Avenue West a distance of 385.06 feet to the point of begiAvenue South East; thence North 00°03' West (assumed bearing) along the West line of said First 89°40' east 59.80 feet to point of beginning; together with those portions of vacated 1st Avenue S.E. 406-of-” East a distance of 24.42 feet to a point on the easterly right of 68.43 feet; thence South 66°59'12 vacated First Avenue Southeast; thence South 00°35'06” West along said vacated centerline a distance said south line and the easterly extension of said south line 31.48 feet to a point on the centerline of ” East, along feet for the point of beginning of the land to be described; thence continue South 89°24'5438.94 feet to a point on the south line of Lot 27, Block 99, thence North 34°59'06” East a distance of 2 way line a distance of 150.96 feet; -of-distance of 5.00 feet; thence North 00°35'35” East along said right West Quarter line a -West Quarter line of said Sec 2; thence North 89°26'54” West along said East-Eastthe thence North 00°30'12” West along said right of way line a distance of 249.54 feet to a point on way a distance of 215.06 feet; -of-distance of 88.76 feet; thence North 07°03'53” West along said right way line a -of-nce North 27°31'25” West along said right way a distance of 54.28 feet; the-of-right way of U.S. Highway 63; thence North 05°08'36” East along said -of-feet to a point on the easterly right line of Ninth Street Southeast; thence North 89°12'24” West along said north line a distance of 100.29 north way a distance of 535.08 feet to a point on the-of-thence South 05°08'36” West along said right way a distance of 63.40 feet; -of-Mead Second Subdivision; thence South 11°57'36” West along said right North Western Transportation Company as shown on Bracken way line of Chicago and-of-easterly rightWest Quarter line of said Sec. 2 a distance of 827.40 feet to the -of North 89°26'54” West along the East follows: Commencing at the East quarter corner of said Sec. 2; thence westerly on an assumed bearing ribed as That part of the SE1/4 NE1/4 and the NE1/4 SE1/4, Sec. 2, Twp. 106 North, Rge. 14 West, desc PARCEL XIII: Abstract roadway purposes on the East 33 feet thereof.f the Northeast Quarter of said Section 2 to the point of beginning, subject to an easement for East line oon the East line of the Northeast Quarter of said Section 2; thence South 0°01' East, 84.0 feet along the beginning; thence North 89°29'30” line of the Northeast Quarter of said Section 2 to the true point ofCorner of said Section 2 marked by a 1 inch iron rod; thence North 0°01' West, 374.0 feet along the East t, Olmsted County, Minnesota, described as follows: Commencing at the East Quarter Range 14 WesEXCEPTING THEREFROM a tract of land in the Northeast Quarter of Section 2, Township 106 North, distance of 128 feet to the place of beginning;ning thence east a distance of 450 feet to the east line of said quarter section; and thence south a run128 feet north of the place of beginning (measured along the same line or lines parallel thereto); th line of said quarter section a distance of 573 running thence west along a line parallel with the souwhich is 330 feet north of the southeast corner of said NE1/4 of Section 2 for a place of beginning; and encing at a point on the east line of the NE1/4 of Section 2, Township 106 North, Range 14 West, Comm PARCEL XII: Abstract accruing thereto. way line of Chicago and North Western Transportation Company as shown on Bracken Mead Second 407 Abstract 70.70 feet to the place of beginning. Easterly along the North line of said Lot 18,feet Easterly of the centerline of said spur track, as measured along the North line of said Lot 18; thence 224.55 feet to a point on the North line of Lot 18, Block 99, Willson's Addition, said point being 9.5 of 1136 feet, and long chord at a deflection angle of 83°58' to the left from the previous course a distance Chicago Great Western Railway Company spur track; thence Southerly along a curve to the left, radius of right angles to, of the centerline of the distance of 133.75 feet to a point 10.0 feet Easterly, measured atto the left along the North line of Lot 16, Block 100, Willson's Addition and its Easterly extension a o. property a distance of 109.45 feet; thence Westerly at a deflection angle of 95°22' Fullerton Lumber CCo. property; thence Northeasterly at a deflection angle of 84°38' to the left along the Westerly line of of 114.2 feet; thence East at right angles a distance of 38.97 feet to the S.W. Corner of Fullerton Lumber t Avenue S.E. a distance Henrietta Street, now 1st Avenue S.E.; thence North along said centerline of 1seast along the North line of said Lot 18, Block 99 extended a distance of 37.50 feet to the centerline of Lot 18, Block 99, Willson's Addition to the City of Rochester; thence Beginning at the Northeast corner of PARCEL XV: Abstract thence south to the place of beginning.section) of the east line of the NE1/4 of the said Section 2, Township 106 North, of Range 14 West, and ed at right angles to the east line of the same quarter east 143.5 feet to a point 233.5 feet west (measureast line of the said quarter section) from the southeast corner of the said NE1/4 of Section 2, thence Section 2, Township 106 North, of Range 14 West, and 377 feet west (measured at right angles to the f direction 145.3 feet, to a point which is 587.67 feet north (measured along the east line of the NE1/4 oof the Zumbro River as now determined, thence along the center of said river in a northeasterly th 89°12.5' west a distance of 216.5 feet to the center feet for a place of beginning, thence running norSection 2, Township 106 North, Range 14 West, thence running north 89°12.5' west a distance of 233.5 Commencing on the section line 458 feet north of the southeast corner of the SE1/4 of the NE1/4 of L XIV:PARCE Abstract Street accruing thereto.02°09'41” East, 220.99 feet to the point of beginning; together with those parts of vacated Henriette way line a distance of 67.15 feet; thence North -of-thence South 22°23'06” West along said easterly right.15 feet; way line a distance of 88-of-Subdivision; thence South 24°07'06” West along said easterly right 408 409 410 411 412 413 Exhibit E 414 To be inserted by City)( 415 M 416.tnemeerga?eht?fo?smret?eht?morf?gnitluser?stcapmi?laicnanif?ytiCtcerid?on?era?erehT?.tnemeerga?siht?rof?eef?gnidrocer?dna?noitaraperp?tnemucod?a?diap?sah?renwO?ehT:tcapmI?ecruoseR?&?lacsiF.devo rppa?talpeR?sydraH?nhoJ?rof?)TALP120-2202DC(?talP?laniF?-?gniteeM?licnuoC?:2202?,81?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytreporp?eht?fo?tnempoleved?rehtruf?eht?ot?detalersnoitagilbo ?s’ytiC?eht?dna?s'renwO?eht?ezilairomem?ot?sevres?tnemeerga?noitubirtnoc?a?fo?noitucexE:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE: selpicnirP?lanoitadnuoF?&?seitiroirP.ytreporp?eht?fo?)s(renwo?erutuf?gnidnib?tnanevoc?a?eb?lliw?ti?,dedrocerdna?ytiC?dna?renwO?eht?yb?detucexe?ecnO?.rettug?dna?bruc?erutuf?rof?segrahc?dna?,egrahc?ega tnorfrewes?yratinas?,egrahc?etar?rewes?knurt?,egrahc?ytilibaliava?retaw?gnidulcni?,segrahc?detaler?tnempolevedrof?tnemyap?,niamretaw?cilbup?fo?noisnetxe?erutuf?rof?snoitagilbo?sesserdda?trap?ni?tneme ergaehT?.noitucexe?rof?renwO?eht?ot?dedivorp?dna?skroW?cilbuP?yb?detfard?neeb?sah?tnemeerga?nA.tnemeerga?noitubirtnoc?a?fo?noitucexe?eht?hguorht?emit?siht?ta?snoitagilbo?detaler?tnempoleved?nwonksser dda?ot?ytiC?dna?renwO?eht?fo?tifeneb?lautum?eht?ot?eb?lliw?ti?taht?seerga?maet?skroW?cilbuP?ehT?.tnempoleved?tol?laudividni?foemit?eht?ta?tnemeerga?rehtona?fo?noitucexe?eriuqer?esiwrehto?dluow?taht?s noitagilbo?detaler?tnempoleveddna?laicnanif?rehto?dna?noisnetxe?niamretaw?eht?sserdda?lliw?taht?tnemeergA?noitubirtnoC?a?tfardytiC?detseuqer?renwO?eht?,meti?elgnis?taht?ot?tnemeerga?eht?gnitimil?fo?u eil?nI?.niamretaw?cilbup?eht?fonoisnetxe?erutuf?sserdda?ot?tnemeerga?na?deriuqer?4?.oN?noitidnoC?.snoitidnoc?xis?htiw?gniteem?licnuoC,2202?,81?yluJ?eht?ta?talper?eht?devorppa?licnuoC?ytiC?ehT?.talpeR ?sydraH?nhoJ?,1?kcolB?,3?toL?dna?1toL?sa?dettalp?gnieb?,retsehcoR?fo?ytiC?eht?ni?ytreporp?laer?fo?renwO?eht?si?CLL?etatsE?laeR?s'ydraH?nhoJ:evitarraN?tropeR.talpeR?sydraHnhoJ?,1?kcolB?,3?dna?1?stoL?r of?CLL?etatsE?laeR?s'ydraH?nhoJ?htiw?tnemeerga?noitubirtnoc?a?gnizirohtuA:detseuqeR?noitcA???71.FCLL?etatsElaeR?s'ydraH?nhoJ?htiw?tnemeergA?noitubirtnoC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERP adnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE A 417 talpeR?sydraH?nhoJ?,1?kcolB?,3?dna?1?stoL?-?tnemeergA?noitubirtnoCtnemeergA?noitubirtnoC?sydraH?nhoJ?-?tibihxE?noitacoL:stnemhcattA rekaB?kraM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evi tanretla?oN:)s(noitcA?evitanretl Location Exhibit 418 y location for reference:tAerial photo showing proper :Contribution AgreementReal Estate LLC s ’for John Hardy 1 419 benefit of the Owner and City.WHEREAS, Owner and City agree that execution of a Contribution Agreement is to the mutual ; and, withinigations of the Property are memorialized prior to further development obl, WAC and TSR charge addressing the sanitary sewer, watermain, street improvements, pedestrian facilitiesterms WHEREAS, Owner and City agree that it will be beneficial to the Owner, and the City, if ; and,for the West Zumbro TSRewer Rate (TSR) charge for Water Availability Charge (WAC) and for Trunk Sfinancial obligation applicable to the Property future AS, Owner acknowledges that there is a WHERE construction of pedestrian facilities along the West Frontage Road; and,to the Property, for the future AS, Owner acknowledges that there is an obligation applicable WHERE of the Property; and, linealong the easterly Frontage Road future improvements to the West for applicable to the Property WHEREAS, Owner acknowledges that there is a financial obligation existing sanitary sewer along the easterly frontage of the Property; and,for applicable to the Property WHEREAS, Owner acknowledges that there is a financial obligation St NW; and, th 7watermain in extension of public watermain extending from the north line of the Property to the existing public for the future applicable to the Property, Owner acknowledges that there is an obligation AS, WHERE ; and1, John Hardys Replatrty described as Lot 3, Block facilitate Owner developing or selling for development, that portion of the Propethrough recordation of John Hardys Replat will help AS, Owner’s replatting of its property WHERE .Property”Said property is hereinafter referred to in this Agreement as the “ , Olmsted County, Minnesota1 and 3, Block 1, John Hardys ReplatLots real property legally described as: is the fee owner of OwnerWHEREAS, , a Minnesota municipal corporation (hereinafter referred to as the “City”).City of Rochesterthe ), and ”Owner“(hereinafter referred to as limited liability company ,Real Estate LLC Hardy’s John , by and between 2022made as of this ____ day of ________, isTHIS AGREEMENT, LOTS 1 & 3, BLOCK 1, JOHN HARDYS REPLAT FOR CONTRIBUTION AGREEMENT 2 420 . charges in a court of lawatutes, and further waives all rights to contest or file an appeal of the provided in Minnesota stAgreement, Owner hereby waives its right to notice, and of a special assessment hearing as City’s standard assessment rate in place at the time of initial certification. Through execution of this and shall include interest at the County for collection with the property taxes over a term of 5 years, be certified with Olmsted actual curb & gutter frontage for Lot 1. The obligation for Lot 1 will then will be calculated based on the rate in place at the time of construction, and the obligations for Lot 1. Upon completion of construction, the financial its assigns will design and construct the curb & gutterCity or way. -of-eer to be necessary for construction of the curb & gutter within the public rightEnginthe City, all reasonable and applicable temporary easements, that are determined by the City project is programmed for the frontages of the Property, owner of Lot 1 shall dedicate at no cost to Upon notice by City that a curb & gutter t of frontage. 2022 Curb & Gutter rate is $45.30 per lineal foogutter along the entire frontage of the West Frontage Road of TH 52. Owner acknowledges that the There is a financial obligation to the owner of Lot 1 for City’s future construction of concrete curb & 3. t 1. Lopermit for connection utility approval that includes a new rates in place at the time of payment, concurrent with any future development / redevelopment plan , calculated using the for Lot 1 WAC, West Zumbro TSR charge, and Sanitary Sewer frontage chargeOwner agrees to pay the applicable frontage along the West Frontage Road of Trunk Highway 52. rontage charge is $81.35 per foot of f$16,360.97 per developable acre, and the 2022 Sanitary Sewer 18 per developable acre, the 2022 West Zumbro TSR charge is the 2022 WAC rate is $3,231.rontage charge have not previously been paid for Lot 1. Owner acknowledges that fSanitary Sewer date of this Agreement. Owner acknowledges that a WAC, a West Zumbro TSR charge, and a nitary sewer and to public water as of the A commercial building within Lot 1 is connected to public sa 2. further waives all rights to contest or file an appeal of the certified charges in a court of law.ereby waives its right to notice, and of a hearing as may be provided in Minnesota statutes, and hgreement, Owner ACity exercises its right to construct the watermain, through its execution of this In the event of 1 year and at the City’s assessment interest rate in place at the time of certification.n with the property taxes for Lot 1, over a term expenses with the Olmsted County Auditor for collectionotice by City, City may, at its discretion construct said watermain and certify all City incurred In the event owner of Lot 1 fails to complete the construction of said watermain within 6 months after construction of public infrastructure. Said watermain shall be constructed at the owner’s expense. required, owner of Lot 1 shall follow the City’s process in place at that time for the private that the watermain extension is determination by the CityUpon a of Lot 1, whichever occurs first.eplat, or, upon further development or redevelopment development of Lot 3, Block 1, John Hardys RThe timing for construction of said watermain shall coincide with Road of Trunk Highway 52.ng the West Frontage abuttiJohn Hardys Replat (hereinafter referred to in this Agreement as Lot 1) 1, There is an obligation for extension of public watermain across the entire frontage of said Lot 1, Block 1. :LOT 1, BLOCK 1, JOHN HARDYS REPLAT. OBLIGATIONS SPECIFIC TO I ty:agree to the following as it specifically relates to the Properand City Ownerother good and valuable consideration, the adequacy of which is hereby acknowledged, NOW, THEREFORE, in consideration of the mutual benefits to the parties set forth herein, and 3 421 . charges in a court of lawprovided in Minnesota statutes, and further waives all rights to contest or file an appeal of the notice, and of a special assessment hearing as Agreement, Owner hereby waives its right to City’s standard assessment rate in place at the time of initial certification. Through execution of this County for collection with the property taxes over a term of 5 years, and shall include interest at the be certified with Olmstedwill then 3. The obligation for Lot 3actual curb & gutter frontage for Lot will be calculated based on the rate in place at the time of construction, and the 3 obligations for Lot Upon completion of construction, the financial .its assigns will design and construct the curb & gutterCity or way. -of-Engineer to be necessary for construction of the curb & gutter within the public rightthe City, all reasonable and applicable temporary easements, that are determined by the City o shall dedicate at no cost t 3project is programmed for the frontages of the Property, owner of Lot Upon notice by City that a curb & gutter 2022 Curb & Gutter rate is $45.30 per lineal foot of frontage. rontage Road of TH 52. Owner acknowledges that the gutter along the entire frontage of the West F for City’s future construction of concrete curb & 3There is a financial obligation to the owner of Lot 3. . 3development plan approval for Lot g the rates in place at the time of payment, concurrent with future , calculated usin3for Lot agrees to pay the applicable WAC, West Zumbro TSR charge, and Sanitary Sewer frontage charge charge is $81.35 per foot of frontage along the West Frontage Road of Trunk Highway 52. Owner e, and the 2022 Sanitary Sewer frontage Zumbro TSR charge is $16,360.97 per developable acrOwner acknowledges that the 2022 WAC rate is $3,231.18 per developable acre, the 2022 West Zumbro TSR charge, and a Sanitary Sewer frontage charge have not previously been paid for Lot 3. t a WAC, a West Lot 3 is currently vacant as of the date of this Agreement. Owner acknowledges tha 2. infrastructure. expense and shall follow the City’s process in place at that time for the private construction of public extension shall be constructed at the owner’s Lot 3, Block 1, John Hardys Replat. The watermainway. The timing for construction of said watermain shall coincide with development of -of-ublic rightpSt NW th oad of Trunk Highway 52 and connecting to the existing public watermain within the 7R1, John Hardys Replat (hereinafter referred to in this Agreement as Lot 3) abutting the West Frontage There is an obligation for extension of public watermain across the entire frontage of said Lot 3, Block 1. SPECIFIC TO LOT 3, BLOCK 1, JOHN HARDYS REPLAT:II. OBLIGATIONS a court of law.Minnesota statutes, and further waives all rights to contest or file an appeal of the certified charges in greement, Owner hereby waives its right to notice, and of a hearing as may be provided in As execution of this the event City exercises its right to construct the pedestrian facilities, through it over a term of 1 year and at the City’s assessment interest rate in place at the time of certification. In ounty Auditor for collection with the property taxes for Lot 1, incurred expenses with the Olmsted Cconstruct said pedestrian facilities and certify all City ,after notice by City, City may, at its discretionthrough its contractor, fails to complete the construction of said pedestrian facilities within 6 months ot 1, permit and shall cause the construction utilizing a licensed contractor. In the event owner of LCity that construction of pedestrian facilities is required for Lot 1, owner of said lot shall obtain a City Upon notice by rontage Road of Trunk Highway 52. the entire frontage of Lot 1 abutting the West Fof pedestrian facilities along and maintenance future construction The owner of Lot 1 is obligated for 4. 4 422 Owner shall obtain execution of the Consent of Mortgagee attached hereto as Exhibit A. 7. .Agreementor expiration of this any provision in this Agreement to the contrary, this clause will survive the termination tained herein. Notwithstanding obligations hereunder, or it violation of any term, covenant or condition conAgreement, or bringing legal proceedings against the other arising out of a breach by the other of its from bringing legal proceedings against third parties arising out of this rOwneimpede the City or the may have to any such term or condition. Provided, however, the foregoing provisions shall not limit or term or condition found within this Agreement and specifically waives any and all legal objections they the legality of any As such, both parties agree that they will not challenge the terms of this Agreement.City wish to avoid any development or administrative delays associated with a legal challenge to any of & Owner n any representation or statement not set forth herein.stated herein; and (d) has not relied upoall of its terms, appreciates the significance of those terms and has made the decision to accept them as and to consult an attorney before signing this Agreement; (c) has read this Agreement, and understands ions, appropriate; (b) has had a sufficient amount of time to consider this Agreement’s terms and condit knowingly, voluntarily and willingly of its own volition with such consultation with legal counsel as it deemed (a) entered into and executed this Agreement acknowledges that it: OwnerBy executing this Agreement, 6. and building code requirements.storm water management regulations, , regulations, grading regulationsning , zosuch as regulationsfinancial obligations and subject to other and further development of the Property is OwnerThe 5. This Agreement shall survive closing. 4. successors or assigns., its heirs, Owners document shall run with the land and shall apply to the The obligations set forth in thi 3. regarding these specific matters, beyond those specified in this Agreement.specific matters. There are no other understandings, agreements, or representations, oral or written, itten or oral agreements pertaining to these contained herein and supersedes any and all prior wrThis Agreement constitutes the entire agreement between the parties pertaining to the specific matters 2. .tyiOwner and Cwhatsoever except by written agreement signed by plemented, or amended in any manner This Agreement shall not be waived, altered, modified, sup 1. III. GENERAL TERMS & CONDITIONS SPECIFIC TO THIS AGREEMENT: a court of law.Minnesota statutes, and further waives all rights to contest or file an appeal of the certified charges in e provided in agreement, Owner hereby waives its right to notice, and of a hearing as may bthe event City exercises its right to construct the pedestrian facilities, through its execution of this City’s assessment interest rate in place at the time of certification. In over a term of 1 year and at the , 3incurred expenses with the Olmsted County Auditor for collection with the property taxes for Lot construct said pedestrian facilities and certify all City ,notice by City, City may, at its discretionin 6 months after its contractor, fails to complete the construction of said pedestrian facilities with, through 3and shall cause the construction utilizing a licensed contractor. In the event owner of Lot , owner of said lot shall obtain a City permit 3s required for Lot construction of pedestrian facilities i. Upon notice by City that St NW th maintenance of existing pedestrian facilities along the frontage of 7, and for abutting the West Frontage Road of Trunk Highway 52 3the entire frontage of Lot rian facilities along of pedestand maintenance is obligated for future construction 3The owner of Lot 4. 5 423 Kelly K. Geistler, City Clerk __________________, 2022Date: Attest: Kim Norton, Mayor Date: __________________, 2022 By: a Minnesota municipal corporation City of Rochester, and year first above written.WHEREOF, the parties hereto have caused this Agreement to be executed on the day IN WITNESS 6 424 ROCHESTER, MN 55901 4001 WEST RIVER PARKWAY NW, SUITE 100 PUBLIC WORKS DEPARTMENTROCHESTER THIS DOCUMENT PREPARED BY: NOTARY PUBLIC .companybehalf of the in the foregoing instrument and acknowledged that he/she executed the same as his/her free will and on personally known to me to be the person described ,a Minnesota limited liability company ,Real Estate LLC hn Hardy’s Joof the _________________________ ,_________________________personally appeared , before me, a notary public within and for said county, 2022On this ___ day of _________________, COUNTY OF __________) ) SS STATE OF ____________) Its: By: a Minnesota limited liability company ,John Hardy’s Real Estate LLC 425 My Commission Expires: County: Notary Public company. that he/she hereby executes said instrument for and on behalf of the limited liability to execute the attached instrument for and on behalf of the limited liability company, and r the articles of organization or operating agreementindicated the he/she is authorized unde (Zip Code) (City & State) limited liability company, who hasa _______________,__, _________________________ (Address) ), of Company Name( ____________________________________________________________ (Title) of _____,_________________________sworn, did say that he/she is the (Name of Officer) , who being by me dulypersonally knownto me appeared _________________________, On this _________________ day of ____________________, 20_____, before me COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURECOMPANY LIMITED LIABILITYACKNOWLEDGE MENT OF 7 Notary Public ..F & M Community Bank, N.Ahis/her free act and on behalf of person who executed the foregoing instrument and acknowledged that he/she executed the same as , and who is personally known to me to be the Minnesota, a corporation under the laws of the State of F & M Community Bank, ______________________ of ______________________, the ______, by 2022The foregoing instrument was acknowledged before me this _____ day of ________________, )_COUNTY OF ___________ )SS )MINNESOTA STATE OF B Minnesotaunder the laws of the State of a corporation F & M Community Bank, N.A., during the term of its interests in the Property. F & M Community Bank, N.A.be binding upon this Agreement will ,As suchContribution Agreement for the Property. to the execution and terms of this , hereby consents 4369041-A, as Document Number 173November Minnesota, Recorder’s office on filed for record with the Olmsted County, ,Property theMortgage, under that certain Mortgageeas , and in its capacity Minnesota, a corporation under the laws of the State of F & M Community Bank, N.A. CONSENT OF MORTGAGEE EXHIBIT A 8 My Commission Expires: County: Notary Public of said instrument to be the free act and deed of said corporation. (Name of Officer) of Directors; and that said _________________________ acknowledged execution alf of said corporation by authority of its Board instrument was executed on beh (City & State) (Zip Code) _________________________, _______________, a corporation; and that said (Name of Corporation) (Address) __, _________________________, ____________________________________ by me duly sworn, did say that he/she is the _________________________ of (Name of Officer) appeared _________________________, to me personally known, who being , before me 2022On this _________________ day of ____________________, COUNTY OF __________________ STATE OF ____________________ , N.AF & M COMMUNITY BANK FOR ACKNOWLEDGEMENT OF CORPORATE SIGNATURE 9 COPY OF JOHN HARDYS REPLAT FOR REFERENCE 10 M 429 eht?ni?egaugnal?edulcni?ot?maet?yenrottA?ytiC?eht?htiw?detanidrooc?maet?skroW?cilbuP?.tnempolevedtsriF?slliH?dnalhgiH?fo?sdnoP?eht?fo?trap?sa?ytiC?eht?yb?deriuqer?gnieb?era?hcihw?snoitacifidoms secca?eht?fo?evitroppus?eb?ton?,emit?siht?ta?,yam?renwo?gnittuba?eht?taht?dna?renwo?gnittuba?eht?morftnemeerga?nettirw?gniniatbo?ni?lufsseccusnu?neeb?sah?renwO?eht?taht?maet?skroW?cilbuP?eht?demrofni yltnecer?sah?evitatneserper?s'renwO?ehT?.segnahc?ssecca?desoporp?eht?htiw?tnemeerga?ni?saw?renwognittuba?eht?deveileb?dah?dna?renwo?gnittuba?detcapmi?eht?htiw?snoissucsid?dah?ytiC?dna?renwO?ehT?.tsri F?slliH?dnalhgiH?fo?sdnoP?fo?trap?sa?detcurtsnoc?eb?lliw?taht)WN?rD?elboN(?teerts?cilbup?wen?a?morf?ytreporp?gnittuba?eht?ot?ssecca?wen?a?fo?noitcurtsnoc?s'renwOeht?dna?WN?evA?ht05?morf?ssecca?s'ytre porp?gnittuba?na?fo?lavomer?eht?rof?sedivorp?osla?tnemeergaehT?.cte?,yaw-fo-sthgir?daor?cilbup?eht?fo?edistuo?detacol?seitilicaf?nairtsedep?cilbup?gnitatilicaf?stnemesaerof?snoitagilbo?,tnemeganam?re taw?mrots?,erutcurtsarfni?cilbup?fo?noitcurtsnoc?,segrahc?tnempolevedsa?hcus?snoitagilbo?tcejorp?sserdda?ot?tnemeerga?siht?fo?lavorppa?sdnemmocer?maet?skroW?cilbuP?ehT?.renwO?eht?yb?detucexe?neeb?sah ?,ytreporp?eht?ot?etaler?yehtsa?,stnemeerga?eerht?roirp?eht?gnicalper?,tnemeerga?tnempoleved?deraperp?ytiC?ehT?.snalp?tnempolevedtnerruc?s'renwO?eht?no?desab?ytreporp?eht?rof?snoitidnoc?dna?smret?tce lfer?ot?ytreporp?s'renwOeht?rof?tnemeerga?tnempoleved?wen?a?htiw?tnemeerga?tsoc?tcejorp?dednema?dna?,tnemeerga?tsoctcejorp?,tnemeerga?tnempoleved?roirp?eht?ecalper?ot?hsiw?ytiC?dna?renwO?ehT?.1102?,4 ?.tcO?no?7529621-A?.oN?tnemucoD?sa?dedrocer?,ytreporp?eht?gnidulcni?sdnal?rof?,ytiC?eht?htiw?tnemeerga?tsoc?tcejorpdednema?na?otni?deretne?eltit?ni?rossecederp?A?.9002?,21?.guA?no?3059021-A?.oN?tnemu coD?sa?dedrocer,ytreporp?eht?gnidulcni?sdnal?rof?,ytiC?eht?htiw?tnemeerga?tsoc?tcejorp?a?otni?deretne?eltit?ni?rossecederp?A?.5002?,5?.guA?no?0221701-A?.oN?tnemucoD?sa?dedrocer?gnieb?tnemeerga?dias?e ht?htiw,ytreporp?eht?gnidulcni?sdnal?rof?,ytiC?eht?htiw?tnemeerga?tnempoleved?a?otni?deretne?eltit?ni?rossecederpA?.tsriF?slliH?dnalhgiH?fo?sdnoP?sa?desoporp?noisividbus?laitnediser?a?sa?dettalp?eb?o t?dennalp?si?ytreporpehT?.WN?tS?ht55?dna?WN?dR?hgihyellaV?neewteb?WN?evA?ht05?fo?tsew?detacol?si?tI?.nalP?tnempoleveDlareneG?evreserP?dnalhgiH?eht?nihtiw?dna?,retsehcoR?fo?ytiC?eht?ni?,tseW?41?egnaR? ,htroN?701?pihsnwoT,81?noitceS?nihtiw?ytreporp?laer?fo?serca?35?yletamixorppa?snwo?)renwO(?CLL?tnempoleveD?elboN:evitarraN?tropeR.nalP?tnempoleveDlareneG?evreserP?dnalhgiH?eht?nihtiw?si?hcihw?,tsriF? slliH?dnalhgiH?fo?sdnoP?dellac?eb?ot?noisividbuslaitnediser?a?fo?tnempoleved?eht?rof?CLL?tnempoleveD?elboN?htiw?tnemeerga?tnempoleved?a?gnizirohtuA:detseuqeR?noitcA???81.FnalP?tnempoleveD?lareneG?evr eserP?dnalhgiHeht?nihtiw?tsriF?slliH?dnalhgiH?fo?sdnoP?-?CLLtnempoleveD?elboN?htiw?tnemeergA?tnempoleveD NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?G NITANIGIRO2202?,22?tsuguA:ETAD?GNITEE d 430 tnemeergA?tnempoleveD?evreserP?dnalhgiH?-?paM?noitacoLevreserP?dnalhgiH?-?tnemeergA?tnempoleveD:stnemhcattA rekaB?kraM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?ev itanretlA.tnemeerga?eht?fo?smret?eht?morf?gnitluser?stcapmi?laicnanif?ytiCtcerid?on?era?erehT?.tnemeerga?siht?rof?eef?gnidrocer?dna?noitaraperp?tnemucod?a?diap?sah?renwO?ehT:tcapmI?ecruoseR?&?lacsiF devorppaslliH?dnalhgiH?ta?sdnoP?eht?rof?)TALP200-2202DC(?talP?yranimilerP?-?gniteeM?licnuoC?:2202?,7?hcraMdevorppa?)PDG100-1202DC(?nalP?tnempoleveD?lareneG?-?gniteeM?licnuoC?:1202?,12?enuJ:tnemegagn E?ytinummoC?&?snoitcA?evitalsigeL?roirP.seicilop?elbacilppa?fo?krowemarf?retaerg?eht?nihtiwtcejorp?tnempoleved?eht?fo?ssenetairporppa?eht?serusne?dna?ytreporp?a?fo?tnempoleved?eht?ot?detalersnoitagil bo?s’ytiC?eht?dna?s'renwO?eht?ezilairomem?ot?sevres?tnemeerga?tnempoleved?a?fo?noitucexE:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE :selpicnirP?lanoitadnuoF?&?seitiroirP.ytreporp?eht?fo?)s(renwo?erutuf?gnidnib?tnanevoc?a?eb?lliw?tnemeerga?tnempolevedeht?,dedrocer?dna?,ytiC?eht?yb?detucexe?nehW?.renwo?gnittuba?eht?htiw?tnemeerga?l amrof?a?hcaerot?elbanu?si?renwO?tneve?eht?ni?,WN?evA?ht05?morf?yawevird?etavirp?s'renwo?gnittuba?gnitsixe?eht?foerusolc?eht?ot?detaler?,gnikat?fo?mialc?yna?rof?ytiC?eht?yfinmedni?ot?renwO?eht?rof?tne meerga?tnempoleve 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 Highland Preserve Property 451 or reference:subject to the Development Agreement f M 452 eht?fo?erahs?a?diap?ton?sah?enil?rewes?ro?,niam?retaw?,ytilicaf?egarots?retaw?a?yb?devres?dnal?fo?renwona?,htworg?nabru?dipar?fo?esuaceb?,secnatsni?niatrec?ni?taht?sdnif?rehtruf?licnuoc?nommoc? ehT?.ytiCeht?fo?sreyapxat?ytreporp?lareneg?eht?ton?dna?,devres?si?hcihw?ytreporp?eht?fo?renwo?eht?yb?enrob?ebdluohs?,ytreporp?fo?lecrap?ralucitrap?a?sevres?hcihw?,enil?rewes?yratinas?dna?,niam?retaw? ,ytilicaf?egarotsretaw?a?fo?noitcurtsnoc?fo?tsoc?eht?taht?stnatibahni?sti?dna?ytiC?eht?fo?tseretni?tseb?eht?ni?si?ti?taht?sdnifytiC?eht?fo?licnuoc?nommoc?eht?taht?setats?,ecivreS?reweS?yratinaS?dna?, retaW?,OCR?eht?fo?1-21?retpahC.3-1-21?.ceS?,)OCR(?secnanidrO?fo?edoC?ytiC?retsehcoR?eht?ni?dehsilbatse?era?segrahc?diaS?.tnemyapfo?smret?eht?dna?noitcennoc?rof?segrahc?elbacilppa?eht?enifed?ot?ytiC?e ht?htiw?tnemeerga?noitcennocytilitu?a?otni?deretne?evah?retaw?dna?rewes?yratinas?lapicinum?ot?gnitcennoc?ytreporp?eht?fo?srenwo?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytil auQtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?ni?elbayap?sexat?ytreporp?eht?htiw?eud?si?tnemyap?tsrif?ehT.2202?,03?.voN?morf?ecnalab?diapnu?eht?no?tseretni?%5.4?t a?sraey?01?fo?doirep?a?revo?sexat?ytreporp?ehthtiw?noitcelloc?rof?ytnuoC?detsmlO?htiw?deifitrec?eb?lliw?segrahc?eht?,etad?siht?yb?diapnu?fI?.2202?,03?.voNyb?eud?era?dna?,ytreporp?'srenwO?eht?ot?elbac ilppa?era?43.875,32$?fo?tnuoma?eht?ni?segrahc?noitcennoC??.smetsys?rewes?yratinas?dna?retaw?cilbup?eht?otytreporp?eht?fo?noitcennoc?rof?enildaed?eht?dna?segrahc?noitcennoc?rof?snoitagilbo?'srenwO?eht ?sserddaot?tnemeergA?noitcennoC?ytilitU?a?,detucexe?evah?srenwO?eht?dna?,detfard?sah?lennosrep?skroWcilbuP?,noitcennoc?rof?elbacilppa?segrahc?lla?edulcni?dna?tseuqer?'srenwO?eht?sserdda?oT?.retaw?dna rewes?yratinas?lapicinum?ot?ytreporp?eht?tcennoc?ot?ekil?dluow?srenwO?ehT?.WS?tS?ht02?7441?si?sserddaytreporp?ehT?.atosenniM?,ytnuoC?detsmlO?,tseW?41?egnaR?,htroN?601?pihsnwoT?,01?noitceS?fo?retrauQt saehtuoS?eht?fo?trap?sa?debircsed?yllareneg?etatse?laer?fo?srenwO?eht?era?nikliuQcM?yecaK?dna?nairB:evitarraN?tropeR.tnemeerga?eht?ni?deniltuo?sa?tseretnidna?segrahc?detaicossa?diapnu?fo?noitcelloc?e ht?rof?rotiduA?ytnuoC?detsmlO?eht?htiw?noitacifitreC????.2.smetsys?retaw?dna?rewes?yratinas?lapicinum?eht?ot?ytreporprieht?fo?noitcennoc?wolla?ot?nikliuQcM?yecaK?dna?nairB?htiw?)ACU(?tnemeergA?noitce nnoC?ytilitU????.1?:gniwollof?eht?gnizirohtuA:detseuqeR?noitcA???91.FWS?tS?ht02?7441?-?nikliuQcMyecaK?dna?nairB?htiw?tnemeergA?noitcennoC?ytilitU NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA? tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE c 453 WS?tS?ht02?7441?nikliuQcM?-?tnemeergA?noitcennoC?ytilitU:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.niam?rewes?yratinas?dna?,niam?r etaw?,seitilicaf?egarots?retaw?fo?noisnapxe?eht?rof?gnidnuf?edivorptaht?stnuocca?eht?ot?detiderc?eb?lliw?tnemeerga?siht?ni?dedulcni?43.875,32$?fo?segrahc?noitcennoc?ehT:tcapmI?ecruoseR?&?lacsiF.emit? sihtta?troper?ot?tnemegagne?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.570.444?§?.statS?.nniM?ni?dedivorp?sa?ytiC?e ht?ni?sdnal?lla?ot?elbacilppa?si?hcihw?ecivres?rewes?dna?retawrof?dehsilbatse?eb?dluohs?egrahc?noitcennoc?dna?eef?ytilibaliava?ecivres?a?taht?sdnif?licnuoc?nommoceht?,ytiC?eht?ni?srenwodnal?lla?gnoma ?senil?rewes?yratinas?dna?,sniam?retaw?,seitilicaf?egarots?retawfo?noitcurtsnoc?fo?tsoc?eht?noitroppa?ylbatiuqe?dna?,seitilicaf?gnitsixe?fo?noisnapxe?eht?rof?sdnuf?tneiciffusedivorp?ot?,ytiC?eht?fo?y tirgetni?lacsif?eht?evreserp?ot?redro?nI?.seitilicaf?eseht?fo?noitcurtsnoc?fo?tso 454 455 456 457 458 459 460 M 461.emit?sihtta?troper?ot?tnemegagne?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitilicaf?rieht?evom?ro?,tcetorp ?,troppus?,niatniam?ot?deriuqer?eb?lliw?dna?krowrieht?rof?ytilibisnopser?laicnanif?raeb?lliw?yaw?fo?sthgir?eht?gnitcurtsbo?dna?,gnitavacxe?,gnisu?snosrep,retpahc?siht?rednU?.seicnega?laredef?dna?etat s?fo?selor?yrotaluger?eht?tnemelpmoc?ot?dednetni?si?retpahcsihT?.yaw?fo?sthgir?s'ytic?eht?nihtiw?yltnerruc?tnempiuqe?dna?seitilicaf?fo?ecnanetniam?dna?tnemecalpeht?no?noitaluger?elbanosaer?sesopmi?,t nemeganaM?yaW?fo?thgiR?cilbuP?,OCR?eht?fo?2-9?retpahC?.yaw?fo?sthgir?cilbup?eht?foesu?etairporppa?eht?dna?steerts?sti?fo?ytirgetni?eht?erusne?ot?dna?,snezitic?sti?fo?eraflew?dna?,ytefas?,htlaeheht?tc etorp?dna?rof?edivorp?ot?redro?ni?secnarbmucne?yrassecennu?morf?eerf?dna?riaper?doog?fo?etats?ani?yaw?fo?sthgir?cilbup?sti?peek?ot?sevirts?ytiC?ehT?.5-2-9?.ceS?,)OCR(?secnanidrO?fo?edoC?ytiC?retsehco Reht?rep?tnemeriuqer?a?era?CLL?erauqS?yrevocsiD?ta?ecnediseR?htiw?tnemeerga?dna?timrep?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuo F?&?seitiroirP.renwO?eht?yb?detucexe?neeb?sah?dnaytiC?eht?rof?noitcetorp?ytilibail?dna?noitacover?rof?egaugnal?sedulcni?tnemeerga?ehT?.)"tnemeerga?eht"(tnemeerga?dna?timrep?elbacover?eht?fo?rovaf?ni? 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paM?noitacoL?tcejorP:stnemhcattA yksfoerK?ymA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA 000,242$?-?noitavreserP?tnemevaP?,1022J000,602$?-?ytilitU?retaW000,32 2$?-?ytilitU?reweS?yratinaS000,811$?-?ytilitU?retaW?mrotS000,987$?-?sdnuF?CMD?etatS?:deifitnedi?era?slatot?dna?secruos?gnidnuf?gniwollof?ehT?.000,875,1$?eb?ot?detamitsesi?tsoc?tcejorp?llarevo?ehT?.ba t?CMD?eht?no?,61?enil?,PIC?7202-2202?eht?ni?deifitnedi?si?tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF.sdib?rof?esitrevda?ot?krelC?ytiC?eht?ezirohtuA?-?licnuoC?ytiC?:2202?,02?enuJ:tnemegagnE?ytinummoC?&?snoi tcA?evitalsigeL?roirP.senilediuG?ngiseDtcirtsiD?CMD?eht?sa?llew?sa?,yciloP?steertS?etelpmoC?s'ytiC?eht?htiw?tnetsisnoc?si?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?y cnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilau 4 4733 Discovery Square OneDiscovery Square TwoSquare ThreeFuture DiscoveryBlock 6 RampMayo Project No. J73443 Ave SW Reconsruction from 4 St SW to 5 St SW Document Path: P:\\PROJECTS\\J-PROJ\\J7344\ \RCA\\Location Map J7344.mxd Date Saved: 6/7/2022 9:38:57 AM Project Limits Feet0100200/4 ST SW3 AVE SWWS EVA 4WS TS 5WS TS 8/10/2022474 TOTALLand AcquisitionEngineering, Interest, ContingenciesPedestrian Facilities (550)Storm Sewer (450)Sanitary Sewer (250)Water (150)TOTALCOUNCIL ACTION DATETOTALCompletion DateProject Substantial Reconstruction of 3 Ave SW between 4 St SW and 5 St SWDate of Origination0.0%100.0%100.0%50.0%50.0%State DMC funds4.3%4.3%Storm Utility Share9.5%8.7%Sanitary Utility Share8.4%6.7%Water Utility Share27.9%30.3%Street Rehabilitation, Resurfacing and Preservation2201FUNDING DISTRIBUTION PERCENTAGE$0.00$493,162.84$708,848.66$246,572.22$354,424.33State DMC funds$21,057.60$30,188.29Storm Utility Share$46,797.31$61,856.52Sanitary Utility Share$41,341.58$47,356.13Water Utility Share$137,394.14$215,023.39and PreservationStreet Rehabilitation, Resurfacing 2201FUNDING DISTRIBUTION$0.00$493,144.43$708,848.66$0.00$113,802.56$163,580.46$0.00$379,341.87$545,268.20SUB-TOTAL$2,833.00$5,240.00$18,550.00$26,100.00$280,322.52$419,468.20$41,216.85$5 3,500.00$36,419.50$40,960.00CONSTRUCTION COSTSFINALCONTRACTENGINEER ESTIMATE /08/22/2206/20/2206/30/23Description:06/20/22CIP Project No.: Type: State Aid No.Page No.: Year: 20227344J No.Capital Improvement Information:CityProject Inspector:Alcon Excavating IncCityEngineering Firm:Russ KelmProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT RESOLUTION475shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andbetween 4 St SW and 5St SWJ7344 2022 Reconstruction of 3 Ave SW approved local improvements: Project No.is authorized for the following Alcon Excavating,Inc.City contract for construction withisherebyacceptedandexecutionofthestandard Minnesota,thatthebi dofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the lowest responsive and Alcon Excavating, Inc.WHEREAS, it appears that $817,513.32; andElcor Construction, Inc.$595,548.60 Ims Contracting, LLC $575,105.40 Pember Companies, Inc.$513,198.08 Carl Bolander & Sons Co $481,957.44 Nadeau CompaniesAlcon Excavating,Inc.bids were received complying with theadvertisement:,the following J7344 2022 Reconstruction of 3 Ave SW between 4 St SW and 5 St SWNo.WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Pro ject 4 St SW and 5 St SW.Awarding Contract for Project No.J7344 2022 Reconstruction of 3 Ave SW between PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF476Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. CITY OF ROCHESTER, MINNESOTA477Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which areattached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$379,341.87of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .June 30, 2023be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.J7344 2022 Reconstruction of 3 Ave SW between 4 St SW and 5 St SWMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Excavating, Inc., 2258 Marion Road SE, Rochester MN 55904,Alcon by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J7344 2022 Reconstruction of 3 Ave SW between 4 St SW and 5 St SW478Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the M 479 pihsdrawetS?latnemnorivnEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.2202?,03?.ceD?yb?detelpmoc?yllaitnatsbus?eb?dna?,2202?,6?.peS?retfa?ro?no?trats?lliw?noitcurtsn oC??.reddibwol?tnerappa?eht?ot?drawa?na?htiw?deecorp?licnuoC?ytiC?eht?sdnemmocer?tnemtrapeD?skroW?cilbuP?923,227$??????????????????????????etamitsE?sreenignE????951,478$????????????????????cnI?,noitc urtsnoC?roclE?.3069,078$????????????????????????.cnI?,gnitavacxE?1-A?.2311,037$??????????????????????CLL?,gnitcartnoC?smI?.1?latoT?diB??????????????????????????????????????????????????????????????:22 02?,2?.guA?no?deviecer?erew?sdib?gniwollof?ehT?.0144J.oN?tcejorP?-?3600/01?HM?ot?0500/01?)HM(?elohnaM?morf?riapeR?yratinaS?EN?dR?reviR?tsaE?2202?eht?rofstnemucod?dib?dna?ngised?eht?deraperp?SKHW?.stc ejorp?tnemevorpmi?yaw?eganiard?rehto?htiw?detcetorpylsuoiverp?ton?erew?ro?edore?ot?detrats?evah?taht?saera?ot?edam?eb?lliw?stnemevorpmi?dna?,deweiverosla?saw?yaw?eganiard?ehT??.slavomer?kcordeb?lanoi tidda?dna?secnabrutsid?timil?ot?hcnert?dna?tnemngilagnitsixe?eht?esu?ot?saw?epip?eht?ecalper?ot?dohtem?evitceffe?tsoc?tsom?eht?denimreted?maet?ngisedehT?.kcordeb?ni?yltnerruc?si?dna?semoh?depoleved?d niheb?yaw?eganiard?a?gnola?si?epip?gnitsixe?ehT.decalper?eb?ot?sdeen?noitces?epip?eritne?eht?,eruliaf?a?rof?laitnetop?eht?htiw?dna?,ecalp?ni?debbaher?ebot?epip?eht?wolla?ton?lliw?seicneicifed?ehT?.se icneicifed?larutcurts?suoremun?sah?taht?epip?rewes?yratinasyalc?fo?noitces?a?deifitnedi?skroW?cilbuP?,metsys?rewes?yratinas?eht?fo?noitcepsni?gniogno?eht?hguorhT:evitarraN?tropeR.0144J?.oN?tcejorP?-3 600/01?elohnaM?ot?0500/01?elohnaM?morf?riapeR?yratinaS?EN?dR?reviR?tsaE2202?rof?,311,037$?fo?tnuoma?eht?ni?.CLL?,gnitcartnoC?smI?ot?tcartnoc?a?gnidrawa?noituloseR?a?gnitpodA:detseuqeR?noitcA???22.F01 44J?.oN?tcejorP?-?3600/01?elohnaM?ot?0500/01elohnaM?morf?riapeR?yratinaS?EN?dR?reviR?tsaE?2202 NOITCA?ROF?TSEUQER irruT?ydneW:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?, 22?tsuguA:ETAD?GNITEE P 480 0144J.oN?tcejorP?“€â?360001?HM?ot?050001?HM?morf?riapeR?yratinaS?EN?DR?reviR?tsaE?2202?-?teehS?tegduB0144J?.oN?tcejorP“€â?360001?HM?ot?050001?HM?morf?riapeR?yratinaS?EN?DR?reviR?tsaE?2202?-?paM ?noitacoL?tcejorP0144J?.oN?tcejorP“€â?360001?HM?ot?050001?HM?morf?riapeR?yratinaS?EN?DR?reviR?tsaE?2202?-?tcartnoC?fo?mroF?dradnatS0144J?.oN?tcejorP?“€â?360001HM?ot?050001?HM?morf?riapeR?yratinaS?EN? DR?reviR?tsaE?2202?-?tcartnoC?fo?drawA?-?noituloseR:stnemhcattA drofwarC?ttaM:yB?deraperP.emit?siht?ta?tseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnuoma?tcartnoc?eht?fo?%03?slatot?taht? ecnawolla?ycnegnitnocdna?,tseretni?,gnireenigne?na?edulcni?stsoc?tcejorp?latoT?.secnatsmucric?neeserofnu?etadommoccaot?desiver?eb?ot?deen?yam?tcartnoc?eht?ni?ot?deerga?krow?fo?epocs?lanigiro?eht?noit curtsnoc?gniruD???.sdnuF?ytilitU?yratinaS?dna?ytilitU?reweS?mrotS?hguorht?dednuf?eb?ot?desoporpsi?0144J?.oN?tcejorP?-?3600/01?HM?ot?0500/01?HM?morf?riapeR?yratinaS?EN?dR?reviR?tsaE?2202?ehT???.nalPtn emevorpmI?latipaC?7202-2202?retaW?dna?yratinaS?eht?no?7?rebmuN?paM?sa?deifitnedi?si?tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF.stcapmi?tcejorp?ssucsid?ot?stnediseR?htiw?sgniteeM?laudividnI?detcudnoC??:2202 ?,enuJ-lirpA?.dleH?esuoH?nepO?noitcurtsnoC??:2202?,8?.beF.tcejorPdiB?dna?ngiseD?ot?SKHW?htiw?tcartnoC?secivreS?lanoisseforP?devorppA?-?licnuoC?ytiC?:1202?,71?yaM:tnemegagnE?ytinummoC?&?snoitcA?evital sigeL?roirP?.airetirc?tnemecalperdna?ngised?rewes?yratinas?ot?detaler?sdradnats?dna?seicilop?ytiC?htiw?tnetsisnoc?si?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?ycilo RESOLUTION481shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andfrom MH 10/0050 to MH 10/0063J4410 2022 East River RD NE Sanitary Repair approved local improvements: Project No.is authorized for the following Ims Contracting, LLC.,contract for construction with isherebyacceptedandexecutionofthestandard City $730,113Minnesota,thatthebidofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the lowest responsive and Ims Contracting, LLC.WHEREAS, it appears that Elcor Construction, Inc.$870,960A-1 Excavating, Inc.$730,113Ims Contracting, LLC.following bids were received complying with theadvertisement:,the J4410 2022 East River RD NE Sanitary Repair from MH 10/0050 to MH 10/0063No. WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project MH 10/0050 to MH 10/0063.Awarding Contract for Project No.J4410 2022 East River RD NE Sanitary Repair from PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF482Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. CITY OF ROCHESTER, MINNESOTA483Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which are attached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$730,113of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .December 30, 2022be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.J4410 2022 East River RD NE Sanitary Repair from MH 10/0050 to MH 10/0063Minnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Contracting, LLC, 330 Highway Street E Dodge Center MN 55927Ims by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J4410 2022 East River RD NE Sanitary Repair from MH 10/0050 to MH 10/0063484Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContr actor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto orherein This contract, together with the documents hereinabove mentioned, form the GOVERNING SPECIFICATIONS 485 7/15/20227/15/2022 PUBLIC WORKS PUBLIC WORKS COUNTYOLMSTEDROCHESTERDISTRICT PROJECT LOCATION*UTILITY QUALITY LEVEL 8/8/2022 486 Completion DateProject Substantial 2022 East River RD NE Sanitary Repair from MH 10/0050 to MH 10/0063Date of OriginationTOTALLand AcquisitionEngineering, Interest, ContingenciesService Connection (094)Storm Sewer (450)Street (350)Sanitary Sewer (250)TOTALCOUNCIL ACTION DATETOTAL0.0%100.0%100.0%8.0%10.5%Storm Utility Share92.0%89.5%Sanitary Utility ShareFUNDING DISTRIBUTION PERCENTAGE$0.00$949,146.90$939,027.70Storm Utility Share$873,159.30$840,221.20Sanitary Utility ShareFUNDING DISTRIBUTION$0.00$949,146.90$939,027.70$0.00$219,033.90$216,698.70$0.00$730,113.00$722,329 .00$619,391.00$582,409.00CONSTRUCTION COSTSFINALCONTRACTFEASIBILITYENGINEER ESTIMATE /08/22/2205/17/2112/30/22Description:05/17/21CIP Project No.: Type: State Aid No.4410J No.Capital Improvement Information:Project No.CityProject Inspector:Ims Contracting, LLC.Contractor:WHKSEngineering Firm:Project Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT M 487:selpicnirP?lanoitadnuoF?&?seitiroirP.3202?,03?enuJ?yb?detelpmoc?yllaitnatsbus?eb?dna?2202?,51?.guA?retfa?ro?no?trats?lliw?noitcurtsnoC??.reddibwol?tnerappa?eht?ot?drawa?na?htiw?deecorp?licnuoC? ytiC?eht?sdnemmocer?tnemtrapeD?skroW?cilbuP???.tcejorp?eht?etelpmoc?ot?dnuF?ytilitU?reweS?eht?ni?sdnuf?tneiciffus?era?erehT??.rehgih?llits?era?slairetam?esoht?dna?slairetam?gninil?fo?noitallatsnieht? yliramirp?si?tcejorp?ehT?.secirp?dib?esaercni?osla?nac?hcihw?,secirp?dib?eht?no?noititepmoc?stimiltaht?dna?aera?eht?ni?krow?taht?ruof?ylno?era?ereht?dna?srotcartnoc?ytlaiceps?yb?enod?si?krow?ehT?.sme tiniatrec?no?ecirp?dib?rehgih?eht?ni?detcelfer?si?taht?dna?,secirp?lairetam?ni?snoitautculf?ees?ot?eunitnoc?eW?00.590,816$???????????????????????????etamitsE?sreenignE?????05.969,777$???????????????? ???????????????.cnI?,reweS-usiV?.1?latoT?diB?????????????????????????????????????????????????????????????????:2202?,2?tsuguA?no?deviecer?saw?dib?gniwollof?ehT?.6434J?.oN?tcejorP?-?snoitacoL?suoiraVta ?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202?eht?rof?stnemucod?dib?dna?ngised?eht?deraperp?SKHW?.metsys?rewes?yratinas?eht?otnisretne?taht?I&I?fo?tnuoma?eht?esaerced?ot?denil?eb?lliw?sniam?rewes?y ratinas?esehT?.denil?eb?ot?stnemgesrewes?yratinas?seriuqer?dna?,metsys?rewes?yratinas?eht?otni?retne?ot?I&I?selbane?taht?noitidnoc?a?fo?gniebsa?werc?rewes?ytiC?eht?yb?deifitnedi?neeb?evah?ytiC?eht?fo ?saera?suoirav?ni?niam?rewes?yratinaS?.sniamrewes?yratinas?fo?ytirgetni?larutcurts?eht?evorpmi?ot?dna?secruos?)I&I(?noitartlifnI?&?wolfnI?metsys?rewesyratinas?etaidemer?ot?troffe?launna?s’ytiC?eht?fo ?noitaunitnoc?a?si?tcejorP?gniniL?reweS?yratinaS?2202?ehT:evitarraN?tropeR.6434J?.oN?tcejorP?-?snoitacoL?suoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS2202?rof?,05.969,777$?fo?tnuoma?eht?ni?.cn I?,reweS-usiV?ot?tcartnoc?a?gnidrawa?noituloseR?a?gnitpodA:detseuqeR?noitcA???32.F6434J?.oN?tcejorP?-?snoitacoL?suoiraVta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202 NOITCA?ROF?TSEUQER irruT?ydneW:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE Q 488 6434J.oN?tcejorP?“€â?snoitacoL?suoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202?-?teehS?tegduB6434J?.oN?tcejorP“€â?snoitacoL?suoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202?- ?tcartnoC?fo?mroF?dradnatS6434J?.oN?tcejorP?“€â?snoitacoLsuoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202?-?6434J?tcartnoC?fo?drawA?-?noituloseR:stnemhcattA drofwarC?ttaM:yB?deraperP.emit?si ht?ta?tseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnuoma?tcartnoc?eht?fo?%03?slatot?taht?ecnawolla?ycnegnitnocdna?,tseretni?,gnireenigne?na?edulcni?stsoc?tcejorp?latoT?.secnatsmucric?nee serofnu?etadommoccaot?desiver?eb?ot?deen?yam?tcartnoc?eht?ni?ot?deerga?krow?fo?epocs?lanigiro?eht?noitcurtsnoc?gniruD??.sdnuF?ytilitU?yratinaS?hguorht?dednuf?ebot?desoporp?si?6434J?.oN?tcejorP?-?snoi tacoL?suoiraV?ta?noitatilibaheR?gniniL?epiP?reweS?yratinaS?2202??.riaper?dna?noitatilibaher?reweS?yratinaS?rof?margorP?launnA?eht?fo?trap?sa?nalPtnemevorpmI?latipaC?7202-2202?retaW?dna?yratinaS?eht?n o?1?rebmuN?paM?sa?deifitnedi?si?tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF.tcejorPdiB?dna?ngiseD?ot?SKHW?htiw?tcartnoC?secivreS?lanoisseforP?devorppA??-?licnuoC?ytiC?:1202?,51?.voN:tnemegagnE?ytinummoC?&?s noitcA?evitalsigeL?roirP?.noitatilibaherdna?ngised?rewes?yratinas?ot?detaler?sdradnats?dna?seicilop?ytiC?htiw?tnetsisnoc?si?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP pihsdrawetS?latnemn orivnEgniviL?ytilauQ?rof?secivreS?ytilau RESOLUTION489shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andLocationsJ4346 2022 Sanitary Sewer Pipe Lining at Various local improvements: Project No.is authorized for the following approved Visu-Sewer, Inc.City contract for construction withisherebyacceptedandexecutionofthestandard $777,969.50Minnesota,thatthebidof NOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, bidder.is the lowest responsive and responsible Visu-Sewer, Inc.WHEREAS, it appears that ; and$777,969.50Visu-Sewer, Inc.received complying with theadvertisement:,the following bids were J4346 2022 Sanitary Sewer Pipe Lining at Various LocationsNo.WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project Locations.Awarding Contract for Project No.J4346 2022 Sanitary Sewer Pipe Lining at Various PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF490Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENTOF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. CITY OF ROCHESTER, MINNESOTA491Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which areattached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$777,969.50of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .June 30, 2023be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and thecontract documents.J4346 2022 Sanitary Sewer Pipe Lining at Various LocationsMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Sewer, Inc,W230N4855 Betker Drive, Pewaukee, WI 53072,Visu-by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J4346 2022 Sanitary Sewer Pipe Lining at Various Locations492Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT 493 TOTALLand AcquisitionEngineering, Interest, ContingenciesTOTALTOTALSanitary Sewer (250)COUNCIL ACTION DATECompletion DateProject Substantial 2022 Sanitary Sewer Pipe Lining Rehabilitation at Various Locations - Schedule of PricesDate of Origination0.0%100.0%100.0%100.0%100.0%Sanitary Utility ShareFUNDING DISTRIBUTION PERCENTAGE$0.00$1,01 1,360.35$803,523.50$1,011,360.35$803,523.50Sanitary Utility ShareFUNDING DISTRIBUTION$0.00$1,011,360.35$803,523.50$0.00$233,390.85$185,428.50$0.00$777,969.50$618,095.00SUB-TOTAL$777,969.50$618,095.00 CONSTRUCTION COSTSFINALCONTRACTFEASIBILITYENGINEER ESTIMATE /08/22/2211/15/2106/30/23Description:11/15/21CIP Project No.: Type: State Aid No.Page No.: Year: 20224346J No.Capital Improvement Information:Project No.CityProject Inspector:Visu-Sewer, Inc.Contractor:WHKSEngineering Firm:Russ KelmProject Manager: M 494 gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.meti?adnega?siht?ot?dehcatta?si?noituloseRehT?.GISP?eht?eviecer?ytiC?eht?dluohs?tn emeerga?tnarg?erutuf?a?etucexe?ot?royaM?dna?krelC?ytiCeht?ezirohtua?yllacificeps?dna?noitacilppa?eht?timbus?ot?ffats?gnizirohtua?licnuoC?nommoC?eht?yb?dessapeb?ot?noituloseR?a?seriuqer?noitacilppa?GI SP?ehT?.ylgnidrocca?nalp?nac?AFP?os?won?ylppa?ot?deriuqer?siytiC?eht?,4202?raey?radnelac?eht?ni?GISP?eht?eviecer?oT?.surohpsohp?sa?hcus?stimil?tneulffe?wen?teem?otsedargpu?rof?yap?pleh?ot?erutalsigeL ?atosenniM?eht?yb?detaerc?yllacificeps?saw?dna?tcejorp?eht?fo?tsoc?ehthtiw?tsissa?ot?noillim?7$?ot?pu?sedivorp?margorp?GISP?ehT?.)ACPM(?ycnegA?lortnoC?noitulloP?atosenniMeht?dna?)AFP(?ytirohtuA?seiti licaF?cilbuP?atosenniM?eht?yb?deretsinimda?yltnioj?si?margorp?GISPehT?.)GISP(?tnarG?noitatnemelpmI?ecruoS?tnioP?eht?si?hcihw?fo?eno?,sreyapetar?rof?tcejorp?eht?fo?tsocllarevo?eht?ecuder?pleh?ot?seiti nutroppo?naol?ssenevigrof?lapicnirp?dna?stnarg?lareves?gniusrup?si?ytiC?ehT?.metsys?gnilooc?dna?,noitalitnev?,gnitaeh?gnitsixe?ot?sedargpudna?,metsys?yrevocer?taeh?retawetsaw?,smetsys?lortnoc?rodo?,t nempiuqe?gninekciht?,egaknat?denodnabafo?noisrevnoc?,esuer?retaw?,sresuffid?noitarea?,xelpmoc?rewolb?desopruper?,smetsys?egduls?detavitca-etsaw?dna?nruter?wen?,emulov?knat?lanoitidda?edulcni?stnenopm oc?tcejorp?tnacifingiS?.noitacifisnedegduls?fo?esu?eht?dna?lortnoc?negyxo?devlossid?wol?evitavonni?fo?noisulcni?eht?sedulcni?osla?ngised?ehT?.lavomer?suorohpsohp?lacigoloib?htiw?noitarugifnoc?cixot/c iboreana?elgnis?a?otni?tnalp?egdulsdetavitca?dna?tnalp?ytirup?hgih?eht?trevnoc?lliw?tcejorp?ehT?.efil?lufesu?fo?dne?eht?gnihcaer?tnempiuqesserdda?ot?dna?erutuf?eht?ni?tem?eb?nac?noitacolla?daol?suoro hpsohp?tnegnirts?erom?a?taht?erusneot?dedeen?si?tcejorp?sihT?.1144J?.oN?tcejorP??-?edargpU?tnemtaerT?sdiloS?dna?diuqiL?tnalP?noitamalceRretaW?eht?fo?ngised?eht?rof?llewdlaC?dna?nworB?htiw?gnitanidroo c?era?srebmem?maet?skroW?cilbuP:evitarraN?tropeR?.1144J?.oN?tcejorP?-?edargpU?sdiloSdna?diuqiL?tnalP?noitamalceR?retaW?retsehcoR?eht?rof?ytiC?eht?fo?flaheb?no?tnemeerga?tnarg?a?etucexeot?royaM?dna?kr elC?ytiC?eht?gnizirohtua?dna?ytirohtuA?seitilicaF?cilbuP?atosenniM?eht?ot?noitacilppa?tnargnoitatnemelpmi?ecruos?tniop?a?timbus?ot?)ytiC(?retsehcoR?fo?ytiC?eht?gnizirohtua?noituloseR?a?gnitpodA:detse uqeR?noitcA???42.F1144J?.oN?tcejorP??-?edargpU?sdiloSdna?diuqiL?tnalP?noitamalceR?retaW?retsehcoR?ehtrof?noitacilppa?tnarG?noitatnemelpmI?ecruoS?tnioP NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadne gA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE P 495 1144J?.oN?tcejorP??Â-?noitacilppA?tnarG?noitatnemelpmI?ecruoS?tnioP?-?noituloseR:stnemhcattA nietskcuL?noraA:yB?deraperP.tcejorp?eht?no?noillim?7$?lanoitidda?na?yap?ot?gnivah?sreyap?etarni?tlus er?dluow?tseuqer?noituloser?siht?yned?ot?noisiced?A?.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.lliB?erutcurtsarfnI?laredeF?eht?sa?hcus?seitinutroppo?ssenevigrofnaol?dna?tn arg?lanoitidda?pu?nepo?nac?dna?level?laredef?eht?ta?tcejorp?eht?fo?ytilibiderc?eht?sesaercniosla?lavorppa?GISP?.noillim?7$?yb?tsoc?tcejorp?eht?ecuder?lliw?noitacilppa?drawa?GISP?lufsseccus?A:tcapmI?e cruoseR?&?lacsiF.sessecorp?lavorppa?etar?dna?ydutS?etaR?retawetsaW?7202?ot?2202?eht?ni?dedulcniosla?saw?tcejorp?sihT?.yhw?nosaer?eht?dna?deledomer?eb?lliw?taht?saera?eht?fo?puorg?gniruot?hcae?mrofnie W?.tnalp?eht?deruot?evah?ohw?esoht?htiw?noitcaretni?lareneg?sa?llew?sa?,swen?VT?lacol?dna?repapsweneht?gnidulcni?aidem?swen?,licnuoC?ot?snoitatneserp?hguorht?degagne?neeb?sah?ytinummoc?ehT?.tcejorp?e ht?rof?secivresgnireenigne?lanoisseforp?eht?edivorp?ot?llewdlaC?dna?nworB?deriH?-?gniteeM?licnuoC?:2202?,91?.naJ?.tcejorp?sihtdedulcni?hcihw?,nalP?seitilicaF?tnalP?noitamalceR?retaW?fo?lavorppA?-?gni teeM?licnuoC?:1202?,02?.naJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.secivres?tnemtaert?dna?ecnayevnoc?retawetsaw?elbailer?gnidivorp?llitselihw?level?elbadroffa?na?ta?setar?ytilitu?retawetsaw ?peek?ot?deen?eht?dna?seitirapsid?cimonoce?gnisserddadnuora?yllacificeps?stroffe?IED?s'ytiC?eht?stroppus?tseuqer?sihT?.seicilop?ytiC?htiw?sngila?tseuqer?sihT:tcapmI?IED?&?snoitaredisnoC?ycilo 1 496 Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFamendments thereto, as are necessary to implement the above project on behalf of the City. or their successors in office, are hereby authorized to execute such agreements, and NOW, THEREFORE BE IT FURTHER RESOLVED, that City ClerkGeistler andMayor Norton, described in the Compliance listing of the grant application. that it will comply with all applicable laws and regulations as stated in all contract agreements enter into an agreement with the PFA for the above referenced project, and that the City certifies BE IT FURTHER RESOLVED, that upon approval of its application by the PFA, the City may of the project for its design life. technical, and managerial capacity to ensure proper construction, operation and maintenance BE IT RESOLVED that the City has the legal authority to apply for the grant, and the financial, Plant Liquid and Solids Upgrade, Project No. J4411. Authority (PFA) for a funds to be used for eligible costs for the Rochester Water Reclamation WHEREAS theCity of Rochester(City) is hereby applying to the Minnesota Public Facilities 446A.073, as amended provides funds for construction projects; and WHEREAS, the Point Source Implementation Program, established in Minnesota Statutes Reclamation Plant Liquid and Solids Upgrade, Project No. J4411.Mayor to execute a grant agreement on behalf of the City for the Rochester Water application to the Minnesota Public Facilities Authority and authorizing theCity Clerk and AuthorizingtheCity of Rochester to submit a point source implementation grant RESOLUTION M 497 2202?,21?tsuguA?,draoB?gnissavnaC?-?gniteeM?licnuoC?ytiC?-?setuniM:stnemhcattA reltsieG?ylleK:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi? lacsif?oN:tcapmI?ecruoseR?&?lacsiF?.gniteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal? yb?deriuqer?sa?krelC?ytiC?eht?yb?dehsilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?sei tiroirP?.licnuoC?ytiC?eht?fo?drocer?laiciffo?eht?era?setunim?ehT:evitarraN?tropeR?.licnuoC?ytiC?eht?fo?drocer?laiciffo?ehtsa?draoB?gnissavnaC?eht?fo?gniteem?laiceps?,2202?,21?tsuguA?eht?fo?oediv?dna? setunim?eht?gnitpeccA:detseuqeR?noitcA???52.FgniteeM?laicepS?draoB?gnissavnaC-?licnuoC?ytiC?,2202?,21?tsuguA?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC? ytiC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE 498 499 500 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to: § person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § ther ways to submit an open comment/public comment:O § A timer will be used to manage speaker times. § residents.immediately impacted by the Council’s decision, e.g. neighborhood may be When appropriate, priority will be given to those speakers who § spent. yields their time may not speak again once the allotted 5 minutes are A speaker may yield their remaining time to another. A speaker who § receive extra time.s spokesperson does not encouraged to designate a spokesperson. ThiGroups who have a similar view on the subject matter of the hearing are § The speaker shall provide their name. § Speakers may only speak once during a given public hearing. § s will be limited to 5 minutes each.All speaker § hich all external comments end.until a motion has been made, after wThe applicant may also answer informational questions from the council § rebuttal of up to 5 minutes after the public hearing has closed. public hearing, and may provide a of 10 minutes prior to the start of the The applicant (and/or applicant’s representative) may present for a total § guidelines: participation Public hearing Public Hearings M 501 asoS?nosillA:yB?deraperP.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwo-ytic?ro/dna?tnemeergatnempoleved?a?ni?deniltuo?eb?lliw?dna?,repoleved?eht?fo?yt ilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF.srenwo?ytreporp?gnirobhgien?ot?tnes?dna?repapswen?ni?dehsilbup?eciton?gniraeh?cilbuP?:2202?,31?.guA:tnemegagnE?ytinummoC?&?snoi tcA?evitalsigeL?roirP.etis?eht?no?ssenisub?gnitsixe?na?fo?noisnapxe?eht?rof?wollalliw?dna?,ytilibaniatsuS?lacsiF?gnizisahpmE?fo?lapicnirP?eroC?nalP?evisneherpmoC?seveihca?tcejorp?sihT:tcapmI?IED?&?sn oitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.lavorppA?nalP?tnempoleveD?etiS?ot?roirp?tem?eb?llahs?noitagilbo?eerT? draveluoB?s’tnacilppa?ehT?.1:snoitidnoc?gniwollof?eht?htiw?lavorppa?sdnemmocer?maeT?tnempoleveD?ytinummoC?ehT???.tol?egarots?dna?selas?gnitsixe?na?fo?tnempolevederetatilicaf?ot?,tol?erca-86.1?,eno?ot ni?slecrap?owt?fo?noitadilosnoc?eht?stseuqer?noitacilppa?ehT:evitarraN?tropeR?.WN?dR?egatnorF?W?25?ywH?fo?tsew?dna?WN?tS?ht84?fo?htrondetacol?,tol?eno?otni?serca?86.1?fo?noitadilosnoc?eht?rof?,noitid noc?eno?htiw?,noitiddA?adzaM?retsehcoRsa?nwonk?eb?ot?,adzaM?retsehcoR?yb?,TALP320-2202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???1.GnoitiddA?adzaM?retsehcoRsa?nwonk?eb?ot?TA LP320-2202DC?.oN?talP?laniF NOITCA?ROF?TSEUQER esT?wehttaM:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE A 502 noitiddA?adzaM?retsehcoR?TALP320-2202DC?-?noituloseRnoitiddA?adzaM?retsehcoR?TALP320-2202DC?-?stnemmoC?weiveRnoitiddA?adzaM?retsehcoR?TALP320-2202DC?-?sgnidniF?noisividbuSnoitiddA?adzaM?retsehc oR?TALP320-2202DC?-?talP?laniFnoitiddA?adzaM?retsehcoR?TALP320-2202DC?-?paM?noitacifitoNnoitiddA?adzaM?retsehcoR?TALP320-2202DC?-?omeM?DC:stnemhcatt 503 way for Interstate Highway 52. --Minnesota Department of Transportation right East: .existing retail trade buildingdeveloped with an and -: General Commercial (BNorth Adjacent Land: 4). -General Commercial (Bzoned This property is Zoning District: DEVELOPMENT REVIEW .)022SDP-CD2022(Rochester Mazda Site Development Plan the concurrently with is proposed is approximately 1.68 acres, and This Final Plat .of this applicationway is proposed as part --No new right .Mazda AdditionRochester to be known as lots, commercial unplatted consolidate two would The applicant is proposing a Final Plat that BACKGROUND INFORMATION AND SUMMARY: Rochester Public Utilities. approved bywith proposed locations way, --right ivatepublic and prshown abutting all must be asement Etility Public Uwide 10’ Prior to recording the Final Plat, a : Approval, with the following conditions:Development Review Team Recommendation review.ch as, height, setbacks, and density, are not part of the final plat Site design standards, su future development on adjacent undeveloped land (a full list of findings are attached).vehicle and pedestrian connectivity and access, public utility needs, and the ability for with lot development standards, such as lot size, boundaries of the lots for conformance During the Final Plat review, City Council evaluates the physical What is Considered : Final Plat Application Type :SUMMARYCITY COUNCIL Horn-Kimley Consultant: 2955 48 St, LLC. Property Owner: 52 Highway –Road Street NW and west of W Frontage th north of 48The site is located Location: consolidation of two commercial parcels. Addition, forochester Mazda known as Rto be PLAT023-Plat # CD2022Final : Request Rochester Community Development Prepared by: August 22, 2022 ROCHESTER CITY COUNCIL CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 504 Review Comments 2 Section 61.255. Subd. Findings for Land Subdivision: Final Plat Exhibit Notification Map ATTACHMENTS the City Council Summary above.with conditions, as outlined in approval The Development Review Team recommends DEVELOPMENT REVIEW TEAM RECOMMENDATION: developmentand will be required at the time of site feet of frontage-Boulevard trees are required at a rate of 1 tree for every Boulevard Trees application. Parkland dedication is not required as part of this Final Plat Parkland Dedication Rochester Public Utilities.way, with proposed locations approved by --righteasement must be shown abutting all public and provide Prior to recording the Final Plat, a 10’ Public Utility Utilities Public wetland study areas impacting this site. There are noThis site is not a part of the Decorah Edge Study Area. Edge:Wetlands & Decorah required for any development proposal for this property. review and approval will be Grading and Drainage Plan Grading & Drainage: ervice the subdivision. currently exist to s Public facilities Public Infrastructure: currently proposed with this application. driveway from West Frontage Road. No new access is Street Northwest, and one (1) th providing access from 48currently maintains three (3) driveways This subdivision Roadway & Access: First SubdivisionCavalima 1) and part of the -Mixed Single Family (R West: District 6 Headquarters. with an Area Accessory Development, MnDOT 1) and developed -Mixed Commercial Industrial (MSouth: PLAT018-CD2021 5 505.0017-823 )705(40955 NM ,retsehcoR 001 etiuS ,ES rD supmaC 2212 ,noisiviD SIG tnemtrapeD gninnalP ytnuoC detsmlO eht yfitonesaelp ,pam siht nihtiw dnuof era seicnapercsid fI .niereh deniatnoc srorre ro snoissimo rof elbisnopser ton era ytnuoCdetsmlO dna retsehcoR fo ytiC ehT .tnemtrapeD tnempoleveD ytinummoC retsehcoR fo ytiC eht yb deraperp pam sihT.25 ywH dR egatnorFW fo tsew dna WN tS ht84 fo htron detacol si etis ehT .slecrap laicremmoc owt fo noitadilosnoceht rof ,noitiddA adzaM retsehcoR sa nwonk eb ot ,yrogerG nayR yb TALP320-2202DC# talP laniF noipmaC kciN - 3 :draW licnuoC ytiC 2202/81/70 :etaD paM ETIS sreviRlecraP WORlecraP daoR etavirPemoH derutcafunaMlecraP dnaLtinU gnidliuB epyT lecraP slecraP stimiL ytiCreffub_tf0001_T ALP320_2202DClecraP_TALP320_2202DCsdaorliaR dnegeL fo aerA noitacifitoN .tf 0001 teeF053004,10070 25¤£36¤£36¤£25¤£22)"22)"WN tS 84WN tS 55traM-laWsseccAoeWN tS 15WN nL tesroDWN rD robrAWN tS 94WN tS 84WN tS 5 506 507 61.225 508 Comprehensive Plan. N. The proposed land subdivision is consistent with the standards of the City’s adopted developable for their designated pM. The soils, topography and water tables have been adequately studied to ensure that all lots are in an efficient manner on adjacent undeveloped lands. is designed in such a manner as to allow for continued development L. The proposed land subdivision on adjacent properties. K. The proposed subdivision will not have adverse impacts on the safety or viability of permitted uses systems that exceed adopted standards. impacts on the street, drainage, water or wastewater site -J. The proposed subdivision will not have off plans, policies and regulations. I. The proposed parks, trail thoroughfares and open space dedications are consistent with adopted et, utility, and drainage facilities needed to serve the development. constructing the streways and easements of adequate size and dimension are provided for the purpose of -of-H. The right consistent with the requirements of section 63.426. ion, if in a residential zoning district, addresses the need for spillover parking G. The proposed subdivis Capital Improvements Programs and the elements listed therein in the design of the subdivision. Range -year and other Long-F. The proposed land subdivision has taken into account the current six rea in each lot for planned uses. avehicular, service and emergency access, efficient utility service connections, and adequate buildable motorized vehicle, transit, -E. The lot and block layout provide for safe and convenient pedestrian, non traffic service standards in section 61.526. transportation plans and is consistent with the street layout standards listed in section 64.120 andmotorized system is consistent with adopted -D. The vehicular, pedestrian, transit and non stormwater policies. ter Management Plan or adopted drainage or Rochester and is consistent with the adopted StormwaC. The plan for soil erosion and stormwater management meets the adopted standards of the City of serve future development. proposed development and to provide for the efficient and timely extension to protection demands of B. The proposed water system and sanitary sewer system are adequate to serve the normal variances have been granted to permit any nonconformance. nance and A. The proposed land subdivision conforms to all relevant requirements of this ordi Subd. 2. The findings for the approval of a land subdivision are as follows: subdivision 2. ion if it determines the subdivision satisfies all of the findings provided in authorizing a land subdivisSubdivision 1. The Zoning Administrator, Commission or Council shall approve a development permit : Findings for Land Subdivision O. Any land located within the Special Flood Hazard Area as shown on 509 3. Adequate drainage is provided to reduce exposure of flood hazard. and constructed to minimize or eliminate flood damage;2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and All such proposals are consistent with the need to minimize flood damage with the floodplain area; 1. U. Subdivision proposals must be reviewed to assure that: lower than two feet below the regulatory flood protection elevation. T. All subdivisions must have road access both to the subdivision and to the individual building sites no tting documents. on all required subdivision drawings and plaregulatory flood protection elevation and the required elevation of all access roads are clearly labeled S. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the ation. District at or above the regulatory flood protection elevR. All lots within the floodplain districts are able to contain a building site outside of the Floodway Development Plan, Conditional Use Permit or Traffic Impact Study. oved and applicable General Q. The proposed land subdivision permit is consistent with any appr city or county ordinance. P. The proposed land subdivision, if approved, would not result in a violation of federal or state law, or manner consistent with this ordinance. ivision in a related risks to the health, safety or welfare of the future residents of the proposed subdformations with severe limitations for development, severe erosion potential, or any other floodplain ates the risks of flooding, inadequate drainage, soil and rock proposed subdivision adequately mitigFederal Emergency Management Agency, is determined to be suitable for its intended use and that the Boundary and Floodway Maps of Flood Insurance Study, Rochester, Minnesota, prepared by the the currently adopted Flood 510 There are no comments from this agency at this time. RPU Water Div 023PLAT"-CD2022 -Electric Comments PU 10ft public utility easements abutting all public and private road ROW are required. See attached doc. "R RPU Operations Div See attached comment in Accela software. Public Works ached comment in Accela software.See att Park and Rec LGU There are no comments from this agency at this time. Fire 8/1/2022 County Public Works Property is not shoreland or floodplain. ong Range Planning no issues. -See attached GIS referral document RochesterMazdaAdditionFP_Referral.pdf County GIS/E911 Building Safety 023PLAT-CD2022 Application No: Agency Review Comments 1of 1Page 8/8/2022 9:41:24 AM 511 ent to Planning Department via Accela onlyS .022SDP-CD2022Application Number Site Development Planthrough development of the property conditions for separate comments regarding will provideWorks Public Public Works has no specific conditions of approval for this lot consolidation plat. 1. :s comments for this applicationWorkThe following are Public development oniRochester Mazda Additproposed the for PLAT-CD2022 Final PlatThe Department of Public Works has reviewed the requested application for DATE: 7/29/22 )and 55208 PINs 56264( Final Plat Rochester Mazda AdditionRE: Mark E. BakerFROM: 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development Jeff Feece 512 Planning staff.Boulevard Tree Green Facilities Agreement is coordinate Community Development Payment Method is coordinated by the Parks Department staff (Jeff Feece), the rtain period of time as outlined in the agreement. The plant the required trees within a ceMethod in which case the owner/developer will enter into an agreement with the city to ($391.25 per tree for 2022). Option B; Boulevard Tree Green Facilities Agreement hester Forestry Staff will plant the required trees Method in which case the City of Rocoptions will be used to meet their boulevard tree obligation(s). Option A; Payment , the Owner shall determine which of the two available recordation of the final platPrior to • 2515.-328-restry Division at 507planting information sheet is available through the Folandscape plan for species, locational criteria, and site conditions. A boulevard tree the permit process Forestry staff will review the boulevard tree ordinance. As part of Prior to planting boulevard trees a tree planting permit (free) is required per the .speciessmall stature should be near or underneath utility poles Trees .at 35’ on center 52and the West Frontage Road of Highway St NW th 48along Boulevard trees are required • REQUIREMENTSTREE 023Plat-CD2022 Rochester Mazda RE: Community Development TO: July 18, 2022 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 513 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 EPARTMENT D LANNING P OUNTY C LMSTED O 7101-328-507 GIS Analyst / Addressing Dave McCollister To address issues listed above, please contact our office. have been paid.impact fees The correct final plat GIS The GIS Addressing staff have no issues to discuss at this time. GIS, ROADWAY, or ADDRESS related issues are present shows the following:to determine any existing or potential FINAL PLATROCHESTER MAZDA ADDITION A review of the ROCHESTER MAZDA ADDITION GIS REFERRAL RE: ADAM NOWINSKI CC: DAVE MCCOLLISTER FROM: GREGORY, KATIE OLSON RYAN TO: JULY 25, 2022 DATE: FINAL PLAT REFERRAL DA ADDITIONROCHESTER MAZ PPORTUNITY/AFFIRMATIVE ACTION EMPLOYERAN EQUAL O Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning: 1 514?????????mndot.gov/?3852?-259-C:?507?Rochester,?MN?55901?Street?NW?2900?48?Minnesota?Department?of?Transportation??Senior?Planner?|?District?6?Tracy?Schnell??Thanks,??ate.mn.usdavid.evans@stMisc ellaneous?Work?Permit?is?required?for?this?work.?Please?contact?Dave?Evans,?MnDOT?Permits,?at?It?appears?the?Mazda?development?is?planting?trees?on?the?boulevard?within?MnDOT?Right?of?Way.?A???To?Who m?it?May?Concern,??password.\[EXTERNAL?SENDER\]:?Do?not?open?links/attachments?if?uncertain?about?the?sender?and?never?give?out?your?user?id?and?High Importance:(MnDOT?Comments?7-28-2022)Development? Application?CD2022-022SDP?and?CD2022-023PLAT?-?Mazda?Dealership?Subject:Lukes,?Heather?A?(DOT);?Schnell,?Tracy?(DOT);?Evans,?David?(DOT)Cc:Community?Development?Department To:Thursday,?July?28,?2022? 11:09?AM Sent:Schnell,?Tracy?(DOT)?<tracy.schnell@state.mn.us>From:Cooper,?Maribeth 515 Easement10ft Public Utility RESOLUTION516beginning. West, along the North line of said 48th Street Northwest, 454.42 feet to the point of Northeast Quarter of said Section 16); thence South 88 degrees 14 minutes 06 seconds 48th Street Northwest (said line is 33 feet North of and parallel with the South line of the feet; thence South 01 degree 00 minutes 27 seconds East, 310.27 feet to the North line of East line, 312.60 feet; thence North 88 degrees 31 minutes and 40 seconds East, 454.40 of beginning; thence continue North 01 degree 00 minutes 27 seconds West, along said North 01 degree 00 minutes 27 seconds West, along said East line, 33.00 feet for the point said Northeast Quarter, 263.53 feet to the East line of Cavilima First Subdivision; thence North 88 degrees 14 minutes 06 seconds East, assumed bearing, along the South line of Commencing at the Southwest corner of the Northeast Quarter of said Section 16; thence West, Olmsted County, Minnesota, described as follows:Parcel 2: That part of the Northeast Quarter of Section 16, Township 107 North, Range 14 North 01 degree 00 minutes 27 seconds West, 342.27 feet to point of beginning.06 seconds West, along the North line of said 48th Street Northwest, 135.6 feet; thence South line of the Northeast Quarter of said Section 16); thence South 88 degrees 14 minutes to the North line of 48th Street Northwest (said line of 33 feet North of and parallel with the seconds and the chord of said curve bears South 79 degrees 55 minutes 35 seconds West, curve, concave to the North, radius of 407.74 feet, delta angle of 16 degrees 37 minutes 02 No. 55-23; thence Westerly 118.25 feet along said Northerly line and along a nontangential along said right of way, 150.51 feet to the Northerly line of Parcel 439 as defined in said Plat Westerly right of way, 187.19 feet; thence South 06 degrees 01 minutes 02 seconds East, Way Plat No. 55-23; thence South 23 degrees 11 minutes 18 seconds East, along said right-of-way of T.H. No. 52 as defined on Minnesota Department of Transportation right of thence continue North 88 degrees 31 minutes 40 seconds East 168.14 feet to the Westerly thence North 88 degrees 31 minutes 40 seconds East, 454.40 feet for the point of beginning; continue North 01 degree 00 minutes 27 seconds West, along said East line 344.60 feet; North 01 degree 00 minutes 27 seconds West, along said East line, 33.00 feet; thence said Northeast Quarter, 263.53 feet to the East line of Cavilima First Subdivision; thence North 88 degrees 14 minutes 06 seconds East, assumed bearing, along the South line of Commencing at the Southwest corner of the Northeast Quarter of said Section 16; thence West, Olmsted County, Minnesota, described as follows:Parcel 1: That part of the Northeast Quarter of Section 16, Township 107 North, Rage 14 plat of lands in Olmsted County, Minnesota are to be known and designated as follows:Minnesota, that after a hearing duly noticed and held on August 22nd,2022, the following NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, St NW and West of W Frontage Rd Hwy 52. th 1.68acres, Located North of 48Addition, by Ryan Gregory, for the consolidation of TwoCommercialParcelson Approving FinalPlatNo.CD2022-023PLAT, To Be Known asRochester Mazda Property is Abstract517Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFapproved by Rochester Public Utilities. shown abutting all public and private right-of-way, with proposed locations 1.Prior to recording the Final Plat, a 10’ wide Public Utility Easement must be shown on said plat are hereby accepted, subject to the following conditions:is hereby approved, and all dedications of land or interests in land for public purposes as TO BEKNOWNas “Rochester Mazda Addition”, submittedby Ryan Gregory,Applicant, M 518 oyaM?eht?fo?etis?tnerruc(?egalliV?tisnarT?tseW?eht?ta?snigeb?etuor?pots-neves?,elim?8.2?desoporp?ehT etuor?KNIL?.sredir?lla?rof?metsys?eraf-on?a?edivorp?llahs?hcihw?tnemeergAeht?fo?smret?eht?fo ?yrammus?a?si?gniwollof?ehT??.tnemeergA?gnitarepO?raey-02?a?fo?smret?eht?gnitaitogenneeb?evah?cinilC?oyaM?dna?ytiC?eht?,noitidda?nI??.tnemngila?etuor?gnidulcni?,KNIL?eht?gnidragersnoissucsid?ni?neeb? evah?cinilC?oyaM?dna?CMD?,ytiC?eht?morf?setammaet?,sraey?3?tsap?eht?roF.m.a?21?ot?.m.a?8?morf?setunim?51?yreve?etarepolliw?KNIL?,sdnekeew?nO?.semit?rehto?setunim?01?yreve?dna?).m.p?6-3?dna?.m.a?8-5(? sruoh?hsur?gnirudsetunim?evif?yreve?ecivres?htiw?yadkeew?hcae?.m.a?21?ot?.m.a?5?morf?etarepo?lliw?tisnarT?dipaR?KNIL?.ytilibissecca?ADA?dna;noitamrofni?etuor?dna?,eludehcs?,lavirra?emit-laer?;smrofta 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rutcurtsarfnitisnarT?dipaR?KNIL?eht?otni?tra?fo?noisulcni?eht?rof?tcartnoC?–?licnuoC?ytiC?:1202?,91?yluJ.devorppa?noitacilppA?tnargstratS?llamS?)ATF(?noitartsinimdA?tisnarT?laredeF?a?fo?noissimbuS?-? licnuoC?ytiC?:0202?,71?tsuguA.devorppA?tcejorP?tisnarT?dipaR?nwotnwoD?eht?ot?hcaorppA?desahP?–?licnuoC?ytiC?:0202?,4?yaM.devorppa?gnitlusnoC?FRS?htiw?tcartnoC?-?licnuoC?ytiC?:0202?,61?raM.devorppa?tn empoleved?tcejorprof?tnemtimmoc?laicnanif?dna?)APL(?evitanretlA?derreferP?yllacoL?-?licnuoC?ytiC?:9102?,81?.vo US.350319211.27 522 a portion of the cost of the Services to be provided by the City as described herein. this service to Mayo Employees, Mayo has agreed to contribute to the costs of the LINK by paying for replace Mayo’s shuttle service along the LINK Route), and in recognition of the benefit to Mayo for , in exchange for the City providing the LINK (which will, for the most part, WHEREAS funding necessary to provide the Services; and ”) through the Federal Transit Administration, as well as other Small Starts Grant for the LINK (“and purchase assets for the LINK, the City plans to obtain funding, including a Small Starts grant solely , in order to make the project financially feasible for the City to design, construct WHEREAS is used by Mayo’s Employees, patients and guests; and public and Mayo Employees that is greater than or equivalent to Mayo’s existing shuttle service that the City and Mayo desire to establish a rapid transit service standard for the WHEREAS, ”); and LINK Route route, the “the Mayo Civic Center, Mayo Clinic campuses, and the Rochester-Olmsted Government Center (such Street SW that will connect downtown Rochester, nd” along 2 LINK rapid transit route known as the “in furtherance of these goals and purposes, the City will construct a 2.8 mile WHEREAS, residents, employees, and visitors; and congestion, prepare for growth, support sustainable development, and improve quality of life for reduce the need for parking spaces in downtown Rochester, alleviate present and future traffic , the City and Mayo intend to create a system that will expand transit options, WHEREAS purpose and will benefit both Mayo and the general public; and Southeast in order to alleviate traffic congestion in downtown Rochester, which will serve a public downtown Rochester, the Mayo Civic Center, Mayo Clinic campuses, and the Downtown Waterfront , the City and Mayo share the goal of providing transportation services to connect WHEREAS the public; and , the City is in the business of providing transportation services in order to serve WHEREAS ”. Parties“” or, collectively, as the Party and the City are each sometimes referred to herein individually as a “”). Mayo Mayo Minnesota 55905, on its own behalf and on behalf of its affiliates and subsidiaries (“ Street SW, Rochester, st, a Minnesota nonprofit corporation, with offices at 200 1 RESEARCHMAYO FOUNDATION FOR MEDICAL EDUCATION AND ”), and City Minnesota 55904 (“the Street SE, Rochester, th, a Minnesota municipal corporation, with offices at 201 4 ROCHESTERCITY OF ”), by and between the Effective Date________________________, 2022 (the “”) is entered into as of Agreement(the “LINK TRANSIT SERVICES AGREEMENT This LINK TRANSIT SERVICES AGREEMENT EXECUTION VERSION RC110-129-808650 v1 DM1699610 1 US.350319211.27 523 Agreement are contingent upon: (a) Contingencies in Favor of the City. The City’s obligations to perform its obligations under this Contingencies. Section 4. for the purposes of work. including counting practices as agreed to by Mayo from time to time, when utilizing the LINK Employees shall be informed and reminded of the requirement to comply with LINK processes, (b) During the Term, Mayo agrees to establish and maintain a process pursuant to which Mayo that has been superseded by a term of the Plan. control, but only to the extent the Plan expressly identifies each provision of the Agreement a provision of this Agreement that is applicable to all Services, the provisions of the Plan shall of the Services under this Agreement. To the extent a provision of a Plan is inconsistent with Any Critical Services, Urgent Services or Enhanced Services set forth in a Plan shall be a part , as initiated by Mayo. Exhibit B-2(ii) provide the Critical Services, Urgent Services or Enhanced Services set forth on ”); and Services“ to this Agreement (collectively, the Exhibit B-1(i) provide the services set forth on During the Term, the City agrees to: (a) . Services and Obligations Section 3. Term of the Agreement shall be a total of forty (40) years after the Revenue Service Start Date. 17(a)(iv). In the event the Agreement remains in place for the Initial Term and all Renewal Terms, the not be effective if the City has provided notice of termination of this Agreement as provided in Section Term or Renewal Term; provided, however, that such exercise of the right to a Renewal Term shall provide the City with written notice at least 365 days prior to the expiration of the then-current Initial ”). In order to exercise its option for a Renewal Term, Mayo shall Term referred to herein as the “,” and, to the extent exercised, the Renewal Term(s) collectively with the Initial Term shall be TermRenewal renew this Agreement for four (4) successive renewal terms of five (5) years each (each a “”), unless terminated as provided herein. Mayo may elect, in its sole discretion, to Service Start DateRevenue commencing on the date the City begins providing Transit Services on the LINK Route (the “”), Initial Term remain in full force and effect for an initial term of twenty (20) years (the “ The term of this Agreement shall commence on the Effective Date and shall Term. Section 2. .AExhibit Capitalized terms used herein shall have the meanings set forth in Definitions. Section 1. hereby acknowledged, the Parties agree as follows: this Agreement and other good and valuable consideration, the receipt and sufficiency of which are in consideration of the mutual covenants and promises contained in ,NOW THEREFORE RC110-129-808650 v1 DM1699610 2 US.350319211.27 524 4(b).any right to terminate this Agreement for failure of any of the conditions set forth in this Section identified in this Section 4(b) before the Revenue Service Start Date, Mayo will no longer have If Mayo does not terminate this Agreement due to a failure of one or more of the contingencies to the other all Confidential Information (as defined in Section 19(b) below) of the other Party.for those accruing prior to the date of termination, and each Party shall cease use of and return shall expire and neither Party shall have any further obligations under this Agreement except set forth for their completion, Mayo may elect to terminate this Agreement and this Agreement If one or more of the contingencies identified in this Section 4(b) are not satisfied by the date (iii) on or before July 1, 2023, the Parties’ execution of the Additional Agreements. (ii) on or before January 1, 2027, the City’s commencement of the Services; and the new Infrastructure related to the LINK; (i) on or before December 31, 2024, the City’s Commencement of Construction of any of (b) Mayo Contingencies. Mayo’s obligations to perform its obligations under this Agreement are Agreement for failure of any of the conditions set forth in this Section 4(a).before the Revenue Service Start Date, the City will no longer have any right to terminate this Agreement due to a failure of one or more of the contingencies identified in this Section 4(a) If the City does not terminate this use of and return to the other all Confidential Information.Agreement except for those accruing prior to the date of termination, and each Party shall cease Agreement shall expire and neither Party shall have any further obligations under this set forth for their completion, the City may elect to terminate this Agreement and this If one or more of the contingencies identified in this Section 4(a) are not satisfied by the date ”). Additional Agreements(collectively, the “ Exhibit E(iii) on or before July 1, 2023, the Parties’ execution of the agreements listed on or before November 1, 2026; and include, upon completion, at least 2300 stalls, and completion of such construction on Rochester, MN) or the eastern terminus of the LINK Route, which collectively shall St SW, nd structure or structures on the West Transit Village (located at or near 2905 2(ii) on or before April 1, 2025, Mayo’s Commencement of Construction of a parking funds (i.e. property tax dollars) to support the Services; throughout the Term of the Agreement, the City is not committing to spend general Center Transit Aid, and other similar funding sources. The Parties acknowledge that, state and county government, the State and Olmsted County Destination Medical including but not limited to the Federal Government (Federal Transit Administration), (i) on or before July 1, 2024, the award of funds to the City from other public entities, RC110-129-808650 v1 DM1699610 3 US.350319211.27 525. Exhibit D this Agreement, Mayo shall pay the City the amounts and in the manner set forth in . As payment for all of the Services furnished by the City pursuant to Compensation Section 7. To the extent applicable, the persons performing the Services must be properly licensed or registered. be fully qualified, adequately experienced, and trained before being assigned to perform the Services. workmanlike manner. All employees of the City performing the Services under this Agreement shall . The City shall perform the Services in a professional and The City Qualifications Section 6. . F-1Exhibit to add Mayo as an additional insured under all liability insurance policies outlined on and the City shall then immediately notify Mayo. The City shall cause all Major Subcontractors Subcontractors to immediately notify the City of any modification or cancellation of coverage, . The City shall require Major Exhibit F-1 coverage for Major Subcontractors required by attached. They City will provide to Mayo upon request evidence of insurance Exhibit F-1 Subcontractors related to this Agreement shall expressly include, the requirements set forth in City shall require all Major Subcontractors to comply with, and all subcontracts for Major for any of its obligations under this Agreement as a result of a subcontracting agreement. The as if the City itself performed or failed to perform, and the City shall not be relieved of liability responsible for the performance or non-performance by any Subcontractors, to the same extent Subcontractor shall be deemed performance by the City itself. The City shall remain fully registered. For purposes of this Agreement, performance of a City obligation by a extent applicable, the Subcontractors performing the Services must be properly licensed or Performance Measures and complies with the terms and conditions of this Agreement. To the will be fully responsible to ensure that all work performed by such Subcontractors meets the The City shall use only competent, qualified, and skilled Subcontractors for which the City (c) the RFP. All RFPs for Software shall also be subject to the provisions of Section 14(b). received, Mayo will have the right to participate in the evaluation process of the responses to safeguards (e.g., escrowing source code and encryption code/key). After responses have been identified by Mayo, and shall include, if determined by Mayo to be necessary, additional Major Subcontractor satisfy certain design, implementation, and system requirements funding procurement requirements. Any RFP for Software shall include a requirement that the criteria, and scoring criteria, subject to meeting federal, state, local, or other prospective provide feedback on the draft RFP provisions concerning the proposed scope of work, selection any RFP for Services as described in this Section 5, Mayo will have the right to review and ”). Prior to the City issuing RFP”), the City will issue a Request for Proposals (“SubcontractorMajor excess of $50,000 per year for Services (such Subcontractor providing such Services, a “When soliciting for Subcontractors to provide Software or whose contract is expected to be in (b) this Agreement, or in combination with other similar services provided by the City. Subcontractor or Subcontractors may be retained by the City to perform Services exclusive to ”) to provide some or all of the Services under this Agreement. Such Subcontractors“” or Subcontractor The City may contract with one or more third parties (a “ (a) . Subcontractors; Major Subcontractors Section 5. RC110-129-808650 v1 DM1699610 4 US.350319211.27 526”). The City and Mayo acknowledge and agree that each Party’s Background Background IP(“Date of the Agreement or arising outside of the Services conducted under this Agreement to the other Party any right in or license to any Intellectual Property owned as of the Effective It is expressly agreed that neither Mayo nor the City transfers by operation of this Agreement (a) . Intellectual Property Section 10. other taxes or charges applicable to the City’s actions. unemployment taxes for all employees engaged by the City providing the Services); or (iv) any federal, state, and provincial social security taxes and federal, state, and provincial Taxes; (iii) the employer’s share of any employment-related taxes of whatever sort (including imposed by law upon Mayo and remitted through the City, to timely notify Mayo of such timely pay or remit any Taxes attributable to the Services or goods or, if such Taxes are or taxable margin of the City; (ii) any penalties or interest resulting from the City’s failure to responsible for (i) any taxes based upon the assets, capital, equity, gross receipts, net income, required to “gross up” or increase any payment to the City for such taxes. Mayo shall not be taxes are required by any duly constituted taxing authority, and in no event shall Mayo be Mayo shall withhold income or other taxes from payments to the City to the extent that such (b) liable for taxes, penalties, and interest upon subsequent audit. Taxes or to demonstrate Mayo’s authority to remit the Taxes directly, in which case Mayo is provide the City with the required documentation to exempt the Services or goods from the extent tax was itemized on the invoices as required. In the alternative, Mayo may timely tax assessment, with no reimbursement for penalty or interest charges, and then only to the Mayo and is subsequently audited by any tax authority, Mayo’s liability will be limited to the line item if invoice not entirely subject to tax). In the event the City does not collect tax from separately itemize the Taxes on each invoice for which the Taxes are applicable (and on each where the Taxes are imposed by statute upon Mayo but collected by the City, the City shall from Mayo, the City shall bear the Taxes in full and without reimbursement. For jurisdictions City (including seller or goods or service provider), without statutory provision for recovery or goods are transferred. For jurisdictions where the Taxes are imposed by statute upon the upon that Party by the laws of such jurisdiction in effect at the time the Services are provided ”) imposed Taxes tariffs, imposts, or any surcharges or escheat requirements (collectively, the “collections, value added, excise, goods and services, transfer, or similar taxes, duties, customs, taxing authority with jurisdiction) any sales, use, transaction privilege, gross receipts, cash Each Party shall be responsible for (and remit as prescribed by the laws of any duly-constituted (a) City by Mayo under this Agreement becomes a taxable event, the following provisions will apply: Mayo to the City is not a taxable event. If changes in law occur such that the compensation paid to the . The Parties acknowledge that, as of the signing of this Agreement, payment by Taxes Section 9. contribution to Critical, Urgent or Enhanced Services and the Maintenance and Operations Agreement. connection with the operation of the Services outlined within this Agreement, subject to Mayo’s ”) and equipment and pay all related costs and expenses in Rapid Transit Vehicles LINK Route (“. The City shall provide its own buses operated by the City on the Section 8. RC110-129-808650 v1 DM1699610 5 US.350319211.27 527 $3,000,000 annual aggregate (per LMCIT) (iii) Cyber Insurance $2,000,000 each occurrence (ii) Property Damage $500,000 each occurrence $2,000,000 annual aggregate (i) Bodily Injury $2,000,000 each occurrence Comprehensive General Liability insurance: (a) be as follows: added as an additional insured for all liability coverage outlined below. The insurance coverage shall immediately in the event of any modification or cancellation of coverage. The City shall have Mayo documentation of such insurance coverage to Mayo upon request by Mayo and shall notify Mayo respect to the City’s performance of Services pursuant to this Agreement. The City shall provide The City agrees to maintain at a minimum the following insurance with .Insurance Section 12. or negotiations regarding such status. hereto agrees that the other shall have the right to participate, at its own cost, in any discussions any other Party should question the independent contractor status of the Parties, each Party these taxes for its own respective employees. In the event that the Internal Revenue Service or FUTA, or SUTA. Each Party shall have sole responsibility for the reporting and payment of pursuant to this Agreement any sums for the payment of federal or state income taxes, FICA, Each Party acknowledges that the other Party will not withhold from any amounts paid (b) authority to bind the other Party. relationship, expressly or by implication, between the Parties. Neither Party shall have the nothing in this Agreement is intended to create any partnership, joint venture, lease, or equity the methods by which the other Party performs its obligations under this Agreement. Further, as specifically set forth herein, neither Party shall have or exercise any control or direction over independent contractors. Neither Party is the agent, employee, or servant of the other. Except It is mutually understood and agreed that the relationship between the Parties is that of (a) . Independent Contractor Section 11. without the written consent of the other Party. or assign its rights to Jointly-Owned Deliverable to any third party, other than an affiliate, confidentiality provisions in Section 19. Neither Mayo nor the City may sublicense, transfer, any Jointly-Owned Deliverable for its own internal business operations, subject to the agents, employees, and subcontractors may use ”). Each Party and its affiliates,DeliverableJointly-Owned by the Parties and their agents, employees, and subcontractors (“The City and Mayo shall jointly and equally own any Deliverable developed or created jointly (b) be granted to the other Party by virtue of this Agreement or the provision of Services hereunder. IP shall remain exclusively owned by that Party and no rights to a Party’s Background IP shall RC110-129-808650 v1 DM1699610 6 US.350319211.27 528 Services, including such Software to be installed in the LINK Rapid Transit Vehicles ”), in connection with its performance of the Software replaced from time to time, “as required by this Agreement from time to time (collectively, as refurbished and The City shall purchase, refurbish, update, and replace software and related equipment, (i)Software. (a)Software Performance Monitoring. Section 14. omissions by any City Indemnified Party directly related to operations or ministerial tasks. ; excepting, however, acts or Exhibit B-2 Mayo’s selection of a Short-term Solution under awards, damages, liabilities, costs, and reasonable attorneys’ fees arising directly out of from and against any and all losses, expenses, actions, claims, demands, suits, judgments, directors, employees, agents, and contractors (collectively, the “City Indemnified Parties”) (b) By Mayo. Mayo shall indemnify, hold harmless, and defend the City and its respective officers, municipal liability set forth in Minnesota Statues Chapter 466. City. The City’s obligation to indemnify shall be limited to the limits and provisions on in accordance with this Agreement or the negligence or intentional acts or omissions of the arising out of any third-party claim attributable to the City’s failure to perform its obligations reasonable attorneys’ fees that the Mayo Indemnified Party may incur or suffer by reason of or expenses, actions, claims, demands, suits, judgments, awards, damages, liabilities, costs, and ”), from and against any and all losses, Mayo Indemnified Party contractors (collectively, the “and affiliates, together with its respective officers, directors, employees, agents, and (a) By the City. The City shall indemnify, hold harmless, and defend Mayo and its subsidiaries . Indemnification Section 13. immunities as set forth in Minnesota Statutes Chapter 466. herein shall be deemed a waiver by the City of the limit on municipal liability or its statutory coverage offered to the City by the League of Minnesota Cities Insurance Trust (LMCIT). Nothing Insurance coverage shall be the greater of the number in (a)(iii) or the maximum cyber insurance increase in the maximum municipal tort liability in Minnesota Statute Section 466.04. The Cyber (c). The City shall increase the insurance amount for bodily injury and automobile to reflect any coverage to have limits greater than or equal to those set forth in the foregoing Sections 12 (a) through known as “tail” coverage) for the maximum duration permitted by law, with such extended reporting Minnesota Cities Insurance Trust, the City shall obtain and maintain extended reporting coverage (also that, in the event the City is no longer carrying claims-made coverage provided by the League of made basis; provided, however, that the City may maintain coverage on a claims-made basis provided Insurance coverage described in this Section 12 must be on an occurrence basis rather than a claims- accident. required by Minnesota statutes. Employer’s liability shall be a minimum of $500,000 per Workers’ Compensation insurance: Coverage shall be in the amount of statutory limits (c) Automobile Liability insurance: Combined Single Limit of $1,500,000. (b) RC110-129-808650 v1 DM1699610 7 US.350319211.27 529 The City is responsible for assessing and Software Subcontractor Performance Monitoring. (c) shall work together to determine all other requirements of the Software.of a Software Subcontractor, and immediately before the Go Live Date, the City and Mayo Mayo’s systems for data collection. Before any issuance of an RFP, before any engagement from the Software Subcontractor, at Mayo’s request, to integrate the Software processes into be consumed or stored by the City or the system, and (iii) permission to Mayo and capability does not require Mayo confidential business information or person identifying information to system, (ii) an evaluation under Mayo’s third-party risk management process to ensure that it information or personal identifying information to be consumed or stored by the City or the Information Security Architect to ensure that it does not require Mayo confidential business evaluation of the design of any Software by Mayo’s Enterprise Security Architect and ”) shall include but not be limited to (i) an Software Subcontractor related thereto) (“requirements, the selection criteria of Major Subcontractors providing the Software (or services including but not limited to Sections 5 and 14(a) above and state, federal, and local In addition to other requirements set forth in this Agreement Software Subcontractors. (b)additional financial contributions by Mayo. may be obtained by agreement of the Parties and such agreement may include Software and its maintenance and updates. Additional software features or upgrades Section, including but not limited to purchasing, operating and maintaining the The City is responsible for the costs of all aspects of the Software as described in this (iv)to address any future refurbishments and replacements of the Software. operation and maintenance of the Software related to the Performance Measures and The Parties shall work collaboratively to troubleshoot any issues that arise with the (iii)the Mayo Ridership. implementing alternatives to the employee badge system to allow the Software to count Mayo’s existing employee badge system, Mayo shall cooperate in identifying and Software cannot be reasonably obtained at a reasonable cost that integrates with with Mayo and in compliance with the requirements in Section 14(b) below. If the responsible for the proposed design and development of the system, in consultation Subject to Mayo’s evaluations described in Section 14(b) below, the City shall be personal identifying information to be consumed or stored by the City or said system. in a specified time period, and (c) does not require Mayo Confidential Information or the City and Mayo to track the use of Services based on the Counted Mayo Ridership Software and prepare their own reports related to the Performance Measures, (b) allows application and accompanying backend system(s) that (a) allows Mayo staff to use the Without limiting the generality of the foregoing, the Software shall include a mobile (ii)). Exhibit C metrics needed to evaluate the Performance Measures (as defined on ) and (B) provide the Exhibit A forth in the definition of “Services” (as defined in Software being replaced. The Software must, all times (A) satisfy the requirements set that improves the functionality, utility and usability of the Software compared to and at the LINK Transit Stops. Any replacement of the Software shall be with Software RC110-129-808650 v1 DM1699610 8 US.350319211.27 530 to the MGDPA. Mayo shall be responsible for paying for actual costs incurred by the be required to provide Mayo with any data that is considered not public data pursuant monitor and evaluate the services provided under this Agreement. The City shall not required, in the sole discretion of Mayo, that may be required by Mayo to adequately outcomes achieved, information on services delivered, and any other public data Data shall include, but not be limited to, number of riders served, services provided, purposes of Mayo being able to monitor, evaluate, and audit the LINK. This Public or as required by this Agreement, all Public Data that the City actually maintains for The City shall provide to Mayo on the frequency as mutually agreed to by the Parties (ii).” DataPublic is not Not Public Mayo Data and is not otherwise protected under MGDPA is “”). All data collected by the City that Not Public Mayo Data at all times (collectively, “under the Minnesota Government Data Practices Act (MGDPA) shall belong to Mayo collected in connection with this Agreement or the LINK and otherwise protected information or person identifying information or other data related to Mayo that is to any particular individuals. Any data collected that is Mayo confidential business The City may only collect data in connection with its Services that is not attributable (i)Data. (d) not be deemed a violation of the Performance Measures.outages are consistent with National Institute of Standards and Technology (NIST), they will maintenance or repair needs, may be unavailable for a period of time. Provided that such Software, due to planned or unplanned updates or other predictable or unpredictable Subcontractor fails to adequately perform such obligations. The Parties acknowledge that the actually perform (or cause to be performed) such obligations in the event the Software respect to performing audits, delivering reports, and addressing deficiencies, and the City shall the City has the right to perform any unfulfilled obligation of the Software Subcontractor with deficiencies identified in the audit report in a reasonable timeframe. The City shall ensure that will also ensure that the Software Subcontractor makes its best efforts to remediate any control written request that the Software Subcontractor produces a copy of said audit report. The City accessed by the Software. The City will ensure, to the best of its ability, that upon its advance it will be performed in accordance with industry and City standards relevant to the data being once every calendar year beginning with the initial term of its agreement with the City and that the Software Subcontractor audits the security of any software systems and processes at least immediately upon discovery or notice thereof. The City will make its best efforts to ensure that and use of City data while in its custody, and will provide notification to Mayo of any KVE safeguards that are reasonably designed to prevent unauthorized collection, access, disclosure, ensure that the Software Subcontractor employs administrative, physical, and technical in a manner consistent with applicable industry standards and best practices. The City will responsiveness matters monthly and enhances and improves the Software, all of the foregoing Subcontractor routinely updates any Software to address any security updates, bug fixes, or practices and processes on a regular basis. The City will ensure that each Software . The City will review and monitor each Software Subcontractor’s security Exhibit C defined in monitoring each Software Subcontractor’s performance of the Performance Measures as RC110-129-808650 v1 DM1699610 9 US.350319211.27 531 the administration and maintenance of the system including standard operating (ii)Fee will be adjusted; indemnification, and financial responsibility, including whether the Annual Operating provisions of the Agreement that are suspended by the long-term Solution, , including the Exhibit B-2 long-term Solution to Triggering Concern as outlined in (i)discuss: ) which is concerning to either Party. Additionally, the Parties may Exhibits B-1 and B-2 to and any content of a report delivered by the City to Mayo (including those as provided pursuant in advance of each Representative Meeting which shall include general operation-related issues Services shall attend the Representative Meetings. The City shall provide a proposed agenda representative of each Party who is responsible for the day-to-day operational oversight of the ”). At a minimum, one Meeting Representative (such meeting, the “Exhibit C forth in Parties under this Agreement including the City’s achievements of Performance Measures set mutually agreed upon day and time, to discuss any matters that relate to the performance of the once a month during the Term of this Agreement, and upon request by either Party, at a . In the spirit of good faith, the Parties agree to meet no less than Representative Meetings (b)Parties who are attending the Representative Meeting described in Section 15(b) below. The Advisory Committee shall provide their recommendations to the representatives of the individuals shall not participate in making recommendations to the Representative Meetings. outside individuals to attend the Advisory Committee related to specific topics, but such agreed upon day and time. The Advisory Committee may, by agreement of the Parties, invite elected officials. The Advisory Committee shall meet on an as-needed basis at a mutually representatives shall be employees of the Parties and not members of the general public or The Advisory Committee shall be made up of representatives from both of the Parties. Said commute patterns, and (iv) discuss anticipated changes to the City’s transportation strategies. to policy changes that may increase or decrease remote work or impact Mayo Employee of Mayo, to the extent of any public announcements made by Mayo), including but not limited the LINK, (iii) discuss anticipated changes in the downtown employee population (in the case customer service and customer experience with respect to the LINK, (ii) review ridership of Committee shall discuss topics relevant to the LINK, including but not limited to, (i) review Advisory Committee (“Exhibit C according to the Performance Measures in The Parties shall establish an advisory committee to review the LINK Advisory Committee. (a). Advisory Committee; Representatives Meetings Section 15.resolution process, the Vendor Technology Agreement will not be changed. City. In the event the Parties cannot come to an agreement following the dispute notify the City that the changes are acceptable; or (B) propose alternate language to the the Vendor Technology Agreement after the Effective Date, and Mayo will either: (A) . The City will notify Mayo of any proposed changes to Exhibit H attached here to as ”), Vendor Technology Agreement Information Technology Usage Agreement (the “such data, Mayo will be required to sign and abide by the City’s Vendor/Contractor City with respect to searching for and retrieving the requested data. In order to receive RC110-129-808650 v1 DM1699610 10 US.350319211.27 532 Describe with particularity the Dispute to be addressed, (i)Dispute described in the Dispute Resolution Notice. Such Dispute Resolution Notice shall: ”) of its desire to utilize the provisions of this paragraph to address the Dispute Notice of Dispute. Upon the occurrence of any Dispute, a Party may send a notice (“ (b)”. Class 3 Disputes bankruptcy, or selling of the Services shall be classified as “Disputes related to a Party’s failure to perform, illegal activity by one of the Parties, (iii)”. Class 2 Disputes Majeure event shall be classified as “Safety, the City’s exclusion from governmental programs, supervening law, or a Force including but not limited to disputes related to Performance Measures relating to Disputes related to safety, financial compensation or contribution, or legal matters, (ii). to pass vendor sanction checks shall be classified as “disputes related to Performance Measures relating to ridership, Use of Name, or failure Disputes related to day-to-day operation of the LINK including but not limited to (i)”) shall be classified as follows: Dispute this Agreement (a “in this Agreement), a dispute or disagreement between the Parties arising out of or relating to Classification of Disputes. Except as otherwise agreed to by the Parties (including as provided (a)”) process. DR be subject to the following dispute resolution (“between the Parties arising out of or relating to this Agreement (other than a Third-Party Claim) shall . Subject to Section 15(b) above, any dispute or disagreement Dispute Resolution Section 16.the concern to the dispute resolution process described in Section 16 below. dissatisfied with the progress of the attempts to resolve such concerns, that Party may escalate faith attempts to resolve such concerns as provided in this Section 15(b), either Party is concern to the dispute resolution process described in Section 16 below. If, following any good Parties will engage in good faith attempts to resolve such concerns prior to escalating the performance of the Services or the achievement of or towards any Performance Measures, the If either Party has any concerns related to this Agreement, including but not limited to the the specific steps taken or proposed to be taken to remedy such concern. (vi)has, or may have on the performance of the Parties; and the reason underlying any such concern and the effect, if any, that such concern had, (v)summary, and complaints received; anticipated in the upcoming month(s), including seasonal concerns/hazards, Incident(s) any problems or concerns that were encountered during the preceding month(s) or (iv)Rapid Transit Vehicle and trends in Performance Measures; any areas in which such performance may be improved, including density of riders per (iii)procedures; RC110-129-808650 v1 DM1699610 11 US.350319211.27 533 of a Dispute Resolution Notice pursuant to Section 16(b) or (y) the Subject Dispute Administrator. Within the (10) business days after the later of (x) each Party’s receipt Mayo to Mayo’s Chief Administration Officer and by the City to its City 3 Dispute or an unresolved Class 1 Dispute or Class 2 Dispute shall be delivered by . A Dispute Resolution Notice received by each Party concerning a Class Level 3 DR (iii)”. Level 2 DR The process described in this Section 16(c)(ii) is “business days of their initial meeting, the Subject Dispute shall be sent to Level 3 DR. or Deputy City Administrator are unable to resolve the Subject Dispute within ten (10) Department of Facilities and Support Services and the City’s Director of Public Works Administrator shall meet to discuss the Subject Dispute. If Mayo’s Chair of the Facilities and Support Services and the City’s Public Works Director or Deputy City to Level 2 DR after exhausting Level 1 DR, Mayo’s Chair of the Department of Dispute Resolution Notice pursuant to Section 35 or (y) the Subject Dispute being sent of the dispute. Within (10) business days after the later of (x) each Party’s receipt of a either its Public Works Director or Deputy City Administrator, depending on the nature Mayo’s Chair of the Department of Facilities and Support Services and by the City to a Class 2 Dispute or an unresolved Class 1 Dispute shall be delivered by Mayo to Dispute to Level 3 DR, a Dispute Resolution Notice received by each Party concerning . Unless otherwise agreed by the Parties to immediately elevate the Subject Level 2 DR (ii)”. Level 1 DR Level 3 DR. The process described in this Section 16(c)(i) is “meeting, the Subject Dispute shall be sent to Level 2 DR or, if the Parties agree, to Manager are unable to resolve the Dispute within ten (10) business days of their initial Mayo’s Support Services Division Chair and the City’s Transit and Parking Systems Transit and Parking Systems Manager shall meet to discuss the Subject Dispute. If Notice pursuant to Section 35, Mayo’s Support Services Division Chair and the City’s Manager. Within (10) business days of each Party’s receipt of a Dispute Resolution Services Division Chair and by the City to the City’s Transit and Parking Systems Party concerning a Class 1 Dispute shall be delivered by Mayo to Mayo’s Support Dispute to Level 2 DR or Level 3 DR, a Dispute Resolution Notice received by each . Unless otherwise agreed by the Parties to immediately elevate the Subject Level 1 DR (i)”) shall proceed as follows: DisputeSubject The DR Process. The Dispute described in the Dispute Resolution Notice (the “ (c)A proposed recommendation or solution. (iii)The grounds for such Dispute; and (C)Attempts to resolve such Dispute; and (B)When such Dispute was first identified; (A)Dispute: Specifically including the following details surrounding prior attempts to resolve such (ii) RC110-129-808650 v1 DM1699610 12 US.350319211.27 534 sources to continue to perform the Services after the Revenue Start Date, or (b) Total has been unable, despite its best efforts, to obtain necessary funding from outside Upon the expiration of the Initial Term or a Renewal Term, by the City if (a) the City (iv)16(d) above; By the non-defaulting Party, following notice and failure to cure as set forth in Section (iii)without cause, upon 180 days’ prior written notice of such termination; ) anniversary of the Revenue Service Start Date, by either Party, th After the fifth (5 (ii)By mutual written agreement of the Parties; (i)terminated upon the occurrence of any of the following events: Termination. Except as otherwise specifically provided herein, this Agreement may only be (a). Termination and Effect of Termination Section 17.while the DR process is pending. contractors/subcontractors and employees to, continue to honor all commitments hereunder is pending. Unless otherwise agreed in writing, the Parties shall, and shall cause their continue to perform in good faith their respective obligations hereunder while the DR process 16 shall not excuse either Party from performing its obligations hereunder and the Parties shall Conduct During Dispute Resolution Process. The initiation of the DR process in this Section (e)on the defaulting Party shall have the right to terminate this Agreement pursuant to Section 17. such default is not cured as provided in this Section, the Party who served the notice of default required provided the defaulting Party acts to cure such default diligently and continuously. If within such time period following such forty-five (45)-day period as may be reasonably such default is not susceptible of being cured within such forty-five (45)-day period, then defaulting Party shall cure any such default within forty-five (45) days after such notice, or if under this Agreement, a Party may provide the defaulting Party with a notice of default. The the DR process in Section 16(c), in addition to any other rights and remedies accorded them Notice of Breach of Contract and Cure. If the Parties are unable to resolve the Dispute through (d)Council. necessary as a result of the DR discussions will be subject to the approval of the City amendments to this Agreement or additional resource obligations of the City that are to resolve the Subject Dispute expeditiously and on a mutually acceptable basis. Any good faith to discuss the Subject Dispute and shall use commercially reasonable efforts . At each DR level described in Section 16(c), the Parties shall meet in DR Discussions (iv)”. Level 3 DR described in this Section 16(c)(iii) is “(10) business days of their initial meeting, the DR process is completed. The process the Subject Dispute. If the Parties are unable to resolve the Subject Dispute within ten Mayo’s Chief Administration Officer and the City Administrator shall meet to discuss being sent to Level 3 DR after exhausting Level 1 DR and Level 2 DR, as applicable, RC110-129-808650 v1 DM1699610 13 US.350319211.27 535 Term after the effective date of termination. If the City does not continue to operate the City in connection with the Services or any unpaid fees related to the remainder of the government grant (including but not limited to the Small Starts Grant) obtained by the fee, including but not limited to any additional payments related to any federal 17(a)(iii) above, Mayo shall not be liable or obligated to pay the City any termination in accordance with Section 17(a)(iv) above, or (B) by Mayo in accordance with Section terminated: (A) by the City in accordance with Section 17(a)(ii) of this Agreement or If the Agreement is Section 17(a)(iv); Termination By Mayo for Cause (17(a)(iii)). Termination By the City Without Cause (Section 17(a)(ii)) or By the City Under (ii)”). Transition CostsFare Model necessary for the City to move to a fare model (collectively, the “reasonable and actual costs of the software and equipment reasonably As determined by the City within one year after the termination date, the (C)Costs and (B) Additional Operating Costs; and remainder of the calendar year of such termination of (A) Annual Operating A pro-rated portion equal to the greater of (i) six (6) months, or (ii) the (B)Infrastructure post-termination; continues operating the LINK and FTA has consented to Mayo’s use of the on the Small Starts Grant within 3 years of termination unless the City The amount immediately owing on the Small Starts Grant and amounts owing (A) 17(a)(iii), Mayo shall pay the City an early termination fee equal to:accordance with Section 17(a)(ii) above, or by the City in accordance with Section If the Agreement is terminated by Mayo in City for Cause (Section 17(a)(iii)). Termination By Mayo Without Cause (Section 17(a)(ii)); or Termination By the (i)of the other Party. use of and return to the other all Confidential Information (as defined in Section 19(b) below) to the date of termination or as described in this Section 17(b), and (ii) each Party shall cease Party shall have any further obligations under this Agreement except for those accruing prior Effect of Termination. Upon termination, unless otherwise stated in this Agreement, (i) neither (b)petition or proceeding. this Agreement indicating its consent to, approval of, or acquiescence in any such act or law, state or federal, now or hereafter existing, or any other action of a Party to under the United States Bankruptcy Code, as amended, or under any other insolvency days seeking reorganization, arrangement, readjustment of its debts or any other relief or the filing against it of an involuntary petition that is not dismissed within sixty (60) By either Party, upon the filing by the other Party of a voluntary petition or an answer, (v)expiration of the Initial Term or Renewal Term; or the City has provided Mayo with written notice at least two (2) years prior to the Ridership levels are fifty percent (50%) or more below the Target Mayo Ridership and RC110-129-808650 v1 DM1699610 14 US.350319211.27 536 Small Starts grant and diligently pursuing such reasonable steps to completion. reasonable steps necessary to obtain the funds to pay the amount due under the FTA, diligently pursuing such consent, and promptly determining the required by the City, including promptly submitting such consent request to the the City shall act expeditiously and diligently with respect to any act reasonably is subject to FTA approval, after the termination of this Agreement is triggered, During such time that the Use Right . The Use Right is subject to FTA approval (B)Mayo’s guests or patients. Route transportation services provided by Mayo shall not charge a fee to would have expired after all Renewal Terms had been exercised. Such LINK ”) until the date that this Agreement Use Right patients, and visitors (the “the LINK Route to provide transportation services to Mayo Employees, City shall grant Mayo the non-exclusive right to use the Infrastructure along expenses or reserves. Concurrent with the termination of this Agreement, the and shall not be obligated to pay the portions of such fees attributable to capital Operating Fee and Additional Operating Fee related to operating costs only, otherwise have been terminated, Mayo shall pay the portions of the Annual Grant as provided in Section 17(b), following the date the Agreement would of the Use Right or the City to pay the amount owing under the Small Starts 17(a)(iii), during such extension required for the City to obtain FTA’s approval City pursuant to Sections 17(a)(ii) or 17(a)(iv) or by Mayo pursuant to Section provided in Section 17(b)(iii) above. If this Agreement is terminated by the Mayo, as applicable, pay the amounts owing under the Small Starts Grant as required for the City to obtain FTA’s approval of the Use Right or the City or 17(a)(iv) or 17(a)(v), the termination date shall be extended for such period If this Agreement is terminated as provided in Sections 17(a)(ii), 17(a)(iii), (A) (iv)payments. in any event at least as quickly as is typical) obtain such funding to make such required (as set forth in Section 17(b)(iv) below), the City shall promptly (and payment of amounts owing on the Small Starts Grant is determined to be (B) The amounts payable by the City shall be paid as promptly as possible. If all funds that were inaccurately certified. Mayo may challenge the Termination Fee Certification and the City shall return ”). Termination Fee Certification amounts payable under this Section 17(b) (“payable within forty-five (45) days after the City provides a certification of the (A) The amounts payable under this Section 17(b) by Mayo to the City shall be Timing of Payments. (iii)LINK, it will pay the amounts owing on the Small Starts Grant. RC110-129-808650 v1 DM1699610 15 US.350319211.27 537 The Parties to this Agreement specifically intend to comply with all applicable laws, rules, and takes into account the volume or value of any referrals or other business generated between the Parties. negotiated in an arms-length transaction, and has not been and will not be determined in a manner that represent the fair market value for the Services to be provided by the City, has been and will be that the compensation to be paid by Mayo to the City pursuant to this Agreement does and will . The Parties acknowledge and agree Fair Market Value; Inducement of Referrals Section 18.mediator’s fees and costs. the costs of its experts or legal counsel. The Parties shall each pay fifty percent (50%) of the Costs. Each Party shall bear its own costs related to the mediation, including without limitation, and at their expense), who shall attempt in good faith to determine the Fare Model Transition (each of whom may or may not be accompanied by legal counsel, in their respective discretion decisionmaker(s), or (ii) employees or agents of Mayo having authority to settle the matter or agents of the City having authority to recommend settlement of the matter to the ultimate after the mediator is selected by the Parties. The mediation shall be attended by (i) employees shall be held at a mutually agreeable location and shall commence no later than thirty (30) days similar person, to select a mediator from its list of qualified neutrals. The mediation proceeding request the administrator of the Minnesota Judicial Branch Civil ADR Program, and/or a selected by the Parties, or if the Parties are unable to agree upon a mediator then any Party can in five (5) hours of mediation (or less if the mediation takes less time). The mediator shall be binding mediation by providing written notice to the other Party. Each Party shall participate Model Transition Costs, either Party may refer the determination of such amounts to non-Mediation. If the City and Mayo are unable to mutually determine and agree upon the Fare (d)Starts Grant may become due and payable. operating in whole or in part for any reason, a portion of, or the entire amount of the Small forgiven by the grantor thereof subject to certain conditions and that if the LINK stops Small Starts Grant. The Parties acknowledge that portions of the Small Starts Grant may be (c) This Section 17(b) shall survive termination of this Agreement. Survival. (v)employees, guests, and patients. the right to use such name or logo in connection with transportation for its into a customary form of agreement pursuant to which the City grants Mayo registered as protected intellectual property of the City, the Parties shall enter If on the Termination Date, the LINK name or logo is trademarked or otherwise (E)to the public. The City reserves the right to use the Infrastructure for transit services available (D)approval) other than as set forth in the Post-Termination Agreements. be restricted or conditioned (including any need for local, state, or other federal attached hereto). At the time of termination, the Use Rights shall not otherwise Exhibit E execute the Post-Termination Agreements (as defined on andtermination date, Mayo and the City shall complete negotiation of open terms If Mayo is entitled to the Use Right upon termination of this Agreement, on the (C) RC110-129-808650 v1 DM1699610 16 US.350319211.27 538. The City will continue to provide similar or identical Services to any Not Exclusive Section 20. shall survive expiration or earlier termination of this Agreement. this Agreement, other than as a result of an unauthorized disclosure by the City. This Section is public knowledge or that becomes a matter of public knowledge after the Effective Date of City must return such information to Mayo. This Section shall not apply to information which other legal requirement, it may do so for such required duration, promptly following which the however, if the City is required to retain the information under Minnesota Statute §15.17 or of any of the Confidential Information and shall return to Mayo any copies thereof, provided reason, the City shall cease, and cause its approved agents and subcontractors to cease, all use officials, employees, subcontractors, or agents. Upon termination of this Agreement for any disclosure of any of the Confidential Information to unauthorized persons by any of its identification or labeling obligations. The City shall take reasonable precautions against through the Software that is Not Public Mayo Data shall not be subject to any advance provides to the City as confidential, provided however, any information the City obtains Confidential Information. Mayo shall identify the Confidential Information it affirmatively such officials or employees, subcontractors, and agents protect the confidentiality of obligation of confidentiality no less restrictive than set forth in this Agreement to ensure that agreements with officials or employees, subcontractors, and agents who are bound by an under this Agreement and under law including without limitation written instruction to and and shall not divulge such information to any third parties, except as otherwise provided for Practices Act, the City shall maintain the confidentiality of all such Confidential Information public data or otherwise required to be released under the Minnesota Government Data ”). Provided that the Confidential Information is not Confidential Information(collectively, “employee information, price lists, pricing policies, and other business and financial information and quality assurance programs, software, marketing techniques, contractual arrangements, including but not limited to, trade secrets, policies, procedures, operating manuals, utilization, may have access to certain confidential information belonging to Mayo and its affiliates, The City acknowledges and agrees that in the course of performance under this Agreement, it (b) availability of such Not Public Mayo Data. a security incident that is believed to have jeopardized the confidentiality, integrity, or and information. The City will notify Mayo without unreasonable delay if the City experiences protect Not Public Mayo Data must not be less than those used to protect the City’s own data unauthorized modification or deletion, and unauthorized use. The safeguards implemented to City’s control from unauthorized disclosure, and any other Not Public Mayo Data from any Not Public Mayo Data and information actually in the City’s possession and under the The City will implement commercially reasonable and industry standard safeguards to protect (a) Confidential Information. Section 19. are the payments intended to induce illegal referrals of business. for the recommending or arranging for the referral of business or the ordering of items or services; nor U.S.C. 1395 (n)). Accordingly, no part of any consideration paid hereunder is a prohibited payment ” (42 Stark Law regulations, and the Limitation on Certain Physician Referrals, also referred to as the “regulations, including the federal anti-kickback statute (42 U.S.C. 1320a-7b), the related safe harbor RC110-129-808650 v1 DM1699610 17 US.350319211.27 539 to the Mayo Code of Conduct after the Effective Date, and the City will either: (a) notify Mayo that . Mayo will notify the City of any proposed changes Exhibit I Code of Conduct is attached hereto as described in the Mayo Code of Conduct applicable to its relationship with Mayo. A copy of the Mayo Mayo, applicable to business partners and vendors while rendering Services under this Agreement as to all of Mayo’s policies, rules, and regulations, including the safety, health and security guidelines of . The City shall at all times adhere Mayo Code of Conduct and Integrity Program Section 24. to enter into this Agreement. herself/himself from all discussions regarding this Agreement and abstain from voting on the decision vote or approval of this Agreement, the City shall ensure the Conflicted City Employee excuses any discussions or decisions regarding this Agreement and, to the extent the City requires formal a ”), the City shall ensure the Conflicted City Employee is not involved in Conflicted City Employee(“City employee has any direct or indirect financial, business or employment relationship with Mayo Agreement, has no direct or indirect financial, business or employment relationship with Mayo. If a employee, whose position enables her/him to influence any purchase or other transaction related to this federal environmental protection authorities. The City represents and warrants it shall ensure any City Occupational Safety and Health Administration and all environmental regulations of the state and Care Act, as applicable, and all safety regulations applicable to the work including regulations of the taxes and state and federal mandated benefits, including offering health coverage under the Affordable workers’ compensation laws, unemployment compensation, state and federal employment and payroll applicable federal, state, and local laws, rules, and regulations, including, but not limited to, state officials, employees, agents and subcontractors to, at all times and in good faith comply with all . The City shall, and the City shall cause its Compliance with Laws and Regulations Section 23. the sanction screening, Mayo may terminate this Agreement as indicated in Section 17(a)(ii). documentation requested by Mayo in order to complete these processes. In the event that the City fails shall cooperate with these and any other onboarding processes, and provide all information and Number (EIN)-match, and United States Postal Service (USPS) address-validation services. The City may contract with a third-party company that provides vendor-sanction-check, Employer Identification . For purposes of facilitating payment to the City by Mayo, Mayo City Onboarding Section 22. above, a Party may terminate this Agreement as indicated in Section 17. status of the representations set forth in this Section. Upon the occurrence or notification of any of the ongoing representation during the Term, and each Party shall notify the other of any change in the whole or in part, by the United States Government or any State health care program. This shall be an provides health benefits, whether directly through insurance or otherwise, which is funded directly, in excluded from participating with Medicare, Medicaid, or any other governmental plan or program that convicted of a criminal offense related to healthcare, barred, suspended, declared ineligible, or any of its directors, trustees, officers, officials or employees, excluding elected officials, have been Each Party represents that neither it nor Exclusion From Governmental Programs. Section 21. and healthcare situations. transportation necessary (as determined by Mayo) for healthcare administration and urgent medical the LINK Route but not between stops along the LINK Route except, on an ad-hoc basis, such private shuttle services for transporting its employees, patients and guests to and from any stop along other entity, including the public. Mayo may continue to provide and receive from any other entity RC110-129-808650 v1 DM1699610 18 US.350319211.27 540 by the Comptroller General of the United States, or any of their duly authorized representatives, available, upon written request to the Secretary of Health and Human Services, or upon request furnishing of such Services pursuant to such subcontract, the related organization shall make subcontract shall contain a clause to the effect that until the expiration of four years after the or cost of $10,000 or more over a twelve-month period, with a related organization, such If the City carries out any of the duties of the Agreement through a subcontract, with a value (b) such that are necessary to certify the nature and extent of such costs; their duly authorized representatives, the Agreement, and books, documents, and records of Human Services, or upon request by the Comptroller General of the United States, or any of Agreement, the City shall make available, upon written request by the Secretary of Health and Until the expiration of four years after the furnishing of such Services pursuant to such (a) documentation to verify the cost of Services rendered under this Agreement:agrees to comply with the following statutory requirements governing the maintenance of 1861(v)(1)(I) of the Social Security Act, as amended, and any written regulations thereto, the City . If applicable, for the purpose of implementing Section Section 26. in order to comply with any law or regulation, the termination shall take effect. such ninety-day period as evidenced by a writing signed by both Parties, or if resolution is not possible Agreement that resolves the issue specified. If agreement on the amendment(s) is not reached within day notice period, the Parties shall negotiate in good faith to accomplish an amendment(s) to the legislation, regulation, or action that serves as the basis for the notice of termination. During the ninety-Agreement upon ninety (90) days written notice to the other Party. The notice must specify the relevant or other adverse proceedings on the basis of this Agreement; then either Party may terminate this financial arrangements in this Agreement, or (iv) subjecting either Party to civil or criminal prosecution tax exempt financings and obligations, (iii) prohibiting or restricting the provision of Services or licenses, (ii) revoking or jeopardizing Mayo’s tax exempt status or the exempt status of its property or implemented, would have the effect of (i) revoking or jeopardizing either Parties’ health related decision, finding or action by any governmental or private agency, court or other third-party which, if for Services either Party is able to receive; or (b) either Party receives notice of an actual or threatened of this Agreement, or (iii) which materially limit or restrict the amount of reimbursement or payment and adversely affect the Parties’ abilities to meet their respective obligations, (ii) invalidate the terms federal, state or local governmental or legislative body, or by any private agency which (i) materially If (a) any legislation, regulations, rules or procedures are promulgated, adopted or implemented by any and federal laws and regulations. It is the intent of both Parties to comply in all aspects with such laws. . This Agreement is at all times subject to applicable state, local, Supervening Law Section 25. detailed in the Mayo Code of Conduct. and employee rights and protections available under the federal and state false claims laws and as Code of Conduct, the City is aware of the federal and state false claims laws, administrative remedies, not be changed. Mayo makes every effort to detect and prevent fraud, abuse, and waste. Per the Mayo come to an agreement through the DR process, the Mayo Code of Conduct applicable to the City will the changes are acceptable; or (b) propose alternate language to Mayo. In the event the Parties cannot RC110-129-808650 v1 DM1699610 19 US.350319211.27 541 constitutes the entire agreement between the Parties and supersedes all (i) prior oral agreements, (ii) This Agreement with the attached Exhibits incorporated by this reference and made a part hereof.All Exhibits attached to this Agreement are .Entire Agreement; Amendment Section 31. assignee. shall not in any manner relieve the assignor from liability for the performance of this Agreement by its assignment. Any purported assignment in violation of this clause is void. Such written consent, if given, controlled by, or is under common control with Mayo. Mayo shall notify the City of any such the prior written consent of the other Party to any Mayo affiliate or other entity that controls, is written consent of the other Party; provided, however, that Mayo may assign this Agreement without . This Agreement may not be assigned by either Party without the prior Assignment Section 30. Parties, their successors, and assigns. This Agreement shall be binding upon and inure to the benefit of the .Binding Effect Section 29. and performed in the State of Minnesota.unconditionall y that it is personally subject to the jurisdiction of such courts. This Agreement is made Olmsted County or the United States District Court for the District of Minnesota. Each Party agrees between the Parties in connection with this Agreement are the District Court of Minnesota sitting in conflicts of law or choice of law provision shall apply to this Agreement. The exclusive fora for actions Parties hereunder shall be governed by the laws of the State of Minnesota, except that no Minnesota . This Agreement and the rights and obligations of the Governing Law and Venue Section 28. inclement weather situations. that road conditions are safe for travel; the City shall make good faith efforts to continue Services in and may be delayed until such time that such parties and applicable transportation authorities determine coordination between various departments in the City of Rochester, as well as, certain offices of Mayo, acknowledge that continuing the Services during inclement weather or emergency situations requires Agreement upon ten (10) days written notice to the other. For avoidance of doubt, the Parties such delay in fact exceeds ninety (90) days, then either Party may, at its election, terminate this this Agreement, provided that if (i) such time is reasonably certain to exceed ninety (90) days, or (ii) of time equivalent to the period or periods of suspension shall be added to the time of performance of the Parties hereto shall be suspended during the period of such interruption or interference, and a period electrical or sound equipment or plant, riot, act of God or any other similar cause) the obligations of disturbance, terrorism, national calamity, epidemic, pandemic, mechanical or other breakdown of control (including but not limited to: fire, flood, casualty, lockout, unavoidable accident, civil Party’s obligations are materially interrupted or interfered with by an event beyond its reasonable Subject to all of the terms and conditions of this Agreement, if a .Force Majeure Section 27. of the request. for the purpose of an audit or investigation, the City shall notify Mayo of the nature and scope If the City is required to disclose any books, documents, and records relevant to this Agreement (c) verify the nature and extent of such costs; and the subcontract, and books, documents and records of such organization that are necessary to RC110-129-808650 v1 DM1699610 20 US.350319211.27 542 parking@mayo.eduEmail: Rochester, Minnesota 55905 200 First Street SW Mayo Clinic Facilities and Support Services If to Mayo: Division Chair-Support Services Email: mskrage@rochestermn.gov Rochester, MN 55904 Street SE th 201 4Attn: City Attorney With a copy to: City of Rochester Email: azelms@rochestermn.gov Rochester, MN 55904 Street SE th 201 4Attn: City Administrator If to the City: City of Rochester receipt requested, postage prepaid and addressed as follows: mailing, if mailed to the Party to whom notice is to be given, by first class mail, registered, return sent by courier delivery service or express mail for next day delivery; and (iv) the third day after functionality; (iii) the business day after notice is delivered to a courier or mailed by express mail, if facsimile; (ii) the date of receipt if sent by email utilizing “delivery receipt request” or similar the date of service, if personally served or sent by shall be deemed to have been duly given on (i) Any notice, demand, request, or other communication shall be in writing and Notice. Section 35. in the body of this Agreement.self-referential, e.g., “this Section”), the reference shall be understood to be a reference to such Section that such reference pertains to an Exhibit (other than references within an Exhibit that are expressly shall not affect the interpretation of this Agreement. If a reference to a Section does not expressly state Section headings are provided solely for the convenience of the Parties and Headings. Section 34. constitute a waiver of any other provision or a waiver of the same provision at any later time.waiver of the Party’s rights under this Agreement. No waiver of any provision of this Agreement shall enforce any of such Party’s rights, no matter how long such failure may continue, will not constitute a . The failure of either Party to complain of any default by the other Party or to Waiver Section 33. unenforceable provision had never been a part of the Agreement.unenforceable, the remainder of this Agreement shall remain in full force and effect as if the invalid or . In the event any part or parts of this Agreement are held to be invalid or Severability Section 32. amended only in a writing signed by each of the Parties.agents, customers, or subcontractors, relating to the same subject matter. This Agreement may be clickwrap online agreements accepted by Mayo or its affiliates or one of their respective employees, prior written agreements, and (iii) prior or future shrinkwrap, click-on, webwrap, browsewrap, or RC110-129-808650 v1 DM1699610 21 US.350319211.27 543 the officers designated in Section 16 to take part in DR), that Party may by written notice to the other re-names a role, division, or department that is specifically identified in this Agreement (for example, . If during the term of this Agreement a Party eliminates, modifies, or Changes of Title Section 41. this Agreement, time is of the essence. . With regard to all dates and time periods set forth or referred to in Time of Essence Section 40. termination, expiration, non-renewal, or rescission of this Agreement. obligations that expressly or by operation of law extend beyond this Agreement, shall survive the indemnification, insurance, use of name, and access to records, along with any other rights and . The rights and obligations of the Parties relating to confidentiality, Survival Section 39. copies shall have the same effect for all purposes as an ink-signed original.which, when taken together, will constitute one original, and photocopy, facsimile, electronic or other . This Agreement may be executed in any number of counterparts Counterparts Section 38. to the date on which a response is needed. Clinic Business Relations Group at BusinessRelations@mayo.edu at least seven (7) business days prior use contemplated. All requests for approval pursuant to this Section must be submitted to the Mayo publicity, endorsement, or promotion unless Mayo has provided prior written consent for the particular use the names or trademarks of Mayo or of any of Mayo’s affiliated entities in any advertising, . Except as specifically permitted in this Agreement, the City shall not Use of Name Section 37. reason of this Agreement, except as otherwise expressly provided herein.intended to confer upon any other person any rights or remedies of any nature whatsoever under or by Nothing in this Agreement, express or implied, is No Third-Party Beneficiaries. Section 36. of such new or additional notice address in the manner required for the giving of notices. Any Party may change its address(es) for notices or add additional notice recipients by giving notice legalcontracts@mayo.eduEmail: Rochester, Minnesota 55905 200 First Street SW Attn: General Counsel Mayo Clinic Legal Department And Email: scmcustomersupport@mayo.edu Rochester, Minnesota 55905 200 First Street SW Mayo Clinic Supply Chain Management With a copy to: Supply Chain Division Chair, RO WE 03-721 RC110-129-808650 v1 DM1699610 22 US.350319211.27 544 ** Signature Page Follows ** never fall below the value initially stated in this Agreement. as of the date of this Agreement; provided, however, that the resulting value in Constant Dollars shall by a fraction, the numerator of which is the then-current CPI and the denominator of which is the CPI adjustment date, Constant Dollars shall be determined by multiplying the dollar amount to be adjusted following the date of this Agreement, and thereafter at five (5) year intervals during the Term. At each Section 42. A Constant Dollars adjustment shall occur on January 1 of the sixth (6th) calendar year shall mean the present value of the dollars to which such phrase refers, as adjusted pursuant to this ” Constant Dollars, such provision shall be deemed to refer to such amounts in Constant Dollars. “F-1Exhibit . With respect to the insurance coverage levels set forth in Constant Dollars Section 42. Party identify a successor to the duties assigned to such role, division, or department in this Agreement. RC110-129-808650 v1 DM1699610 23 545 ** Signature Page to Transit Services Agreement ** ____________________________________ ____________________________________ ____________________________________ __________________________ __________ Date: Its: Name: By: EDUCATION AND RESEARCH MAYO FOUNDATION FOR MEDICAL Date: _______________________________________ Its: City Clerk Name: ___________________________ ___________ By: _____________________________________ ____________________________________ Mayor ____________________________________ ____________________________________ Date: Its: Name: By: CITY OF ROCHESTER below. , the Parties have executed this Agreement on the dates set forth IN WITNESS WHEREOF 546 for correction to the complainant and to Mayo, as applicable. ” shall mean investigated by the City and for which the City has provided an action plan Closed-out“ ” shall have the meaning set forth in Section 16(a)(iii) Class 3 Disputes“ ” shall have the meaning set forth in Section 16(a)(ii). Class 2 Disputes“ ” shall have the meaning set forth in Section 16(a)(i). Class 1 Disputes“ October 1-December 31. ” shall mean January 1-March 31, April 1-June 30, July 1-September 30, and Calendar Quarter“ ” shall have the meaning set forth in Section 10(b). Background IP“ , Section 5, as applicable. Exhibit D amount calculated pursuant to , Section 4, or the Exhibit D(d) In Reset Years: The amount agreed to by the Parties in calendar year plus the lesser of CPI or 5%; or were provided for 7 months or more: the Annual Operating Fee from the preceding In subsequent non-Reset Years: starting after the first calendar year in which Services (c) In Year 1: $3,500,000 per year; (b) In the Revenue Services Start Year: $291,666.67 per month. (a) ” shall mean: Annual Operating Fee“ Exhibit D” shall have the meaning set forth in Annual Certification“ time to time. ” shall mean this Link Transit Services Agreement, as may be amended or modified from Agreement“ amended from time to time. known as the “Affordable Care Act” or “ACA”, Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, as , commonly Patient Protection and Affordable Care Act” shall mean the Affordable Care Act“ ” shall have the meaning set forth in Section 15(a). Advisory Committee“ , Section 3. Exhibit D” shall have the meaning set forth in Additional Operating Fee“ Exhibit E” shall mean, collectively, the agreements listed on Additional Agreements“ DEFINED TERMS EXHIBIT A Exhibit A - 1 547 available for use in a real time live environment. ” shall mean the earliest date, agreed by the Parties, upon which the Software is made Go Live Date“ successor. ” shall mean the Federal Transit Administration or its FTA” or “Federal Transit Administration“ ” shall have the meaning set forth in Section 17(b)(i)(C). Fare Model Transition Costs“ Measurepreservation of property, that is not included in or exceeds the standards of the Performance additional or improved service not related to public safety or ” shall mean Enhanced Service“ ” shall have the meaning set forth in the preamble of this Agreement. Effective Date“ Exhibit H” on East Shuttle Lot” shall mean the location labelled “East Shuttle Lot“ ” shall have the meaning set forth in Section 16. “ ” shall have the meaning set forth in Section 16(b). Dispute Resolution Notice“ ” shall have the meaning set forth in Section 16(a). Dispute“in the course of, or as a result of, performing the Services. analysis, reports, ideas, concepts, products, results, samples, illustrations, graphics, or data produced ” shall mean any means any and all materials or information including documents, Deliverable“ threat to public safety or propertymean additional or improved service related to an articulable immediate ” shall Critical Service“ by Mayo Employees in a specified period, as tracked by the Software. ” shall mean the number of individual rides on the Transit Services taken Counted Mayo Ridership“ implementation and ongoing operation of the Plan. ” shall mean capital costs, operational costs, and all direct and indirect expenses related to Costs“ substitute index thereto, as appropriately adjusted and reasonably designated by Mayo. St. Paul-Bloomington, MN-WI), Metropolitan Areas, All Items (1982-84=100), or any successor or published by the Bureau of Labor Statistics of the United States Department of Labor (Minneapolis-” shall mean the Consumer Price Index for All Urban Consumers CPI” or “Consumer Price Index“ ” shall have the meaning set forth in Section 42. Constant Dollars“ ” shall have the meaning set forth in Section 23. Conflicted City Employee“ ” shall have the meaning set forth in Section 19(b). Confidential Information“ of plans and specifications, and surveys. excluding engineering, architectural, legal, fiscal and economic investigations, studies, and completion ” shall mean initiation of the physical effort to construct the project, Commencement of Construction“ Exhibit A - 2 548 each Transit Stop. ” shall mean 8 to 12 minutes between Rapid Transit Vehicles arriving at Off-Peak Hour Intervals“ ” shall have the meaning set forth in Section 14(d)(i). Not Public Mayo Data“ ” shall mean Minn. Stat. Chapter 13. MGDPA” or “Minnesota Government Data Practices Act“ ” shall have the meaning set forth in Section 13. Mayo Indemnified Party“ volunteers, allied health staff, and contractors who regularly work in Mayo Clinic facilities. physicians, scientists, research temporary professionals, residents, fellows, students, emeritus staff, ” means any individual issued a Mayo personnel badge including Mayo staff Mayo Employee“ Exhibit I” shall mean the document attached here as Mayo Code of Conduct“ ” shall have the meaning set forth in Section 5(b). Major Subcontractor“ Exhibit G” means the route depicted on LINK Route“ ” shall have the meaning set forth in the recitals to this Agreement. LINK“ other entity. security issues) associated with the Software whether identified by a Subcontractor, the City, or any ” shall mean any and all security issues (or potential KVE,” or “Known Vulnerability or Exploit“ ” shall have the meaning set forth in Section 10(c). Jointly-Owned Deliverable“ which operates between and among Mayo’s various operating locations. ” shall mean a private shuttle operated by Mayo for its employees Inter-Campus Employee Shuttle“ display names, handles and other identifiers for social media accounts. and uniform resource locators; and, social media accounts and account names, user names, nicknames, source code and object code; compositions of matter; procedures; experimental results; domain names works, such as reports, databases, and documentation; trade secrets; computer software, including innovations, works of authorship, trademarks, and know-how, whether or not patentable; copyrightable ” shall mean any inventions, ideas, discoveries, developments, improvements, Intellectual Property“ ” shall have the meaning set forth in Section 4. Initial Term“ property owned by Mayo or on the LINK Route. the LINK and any and all other improvements made by the City to service the LINK on any real pedestrian walkways, tunnels and other improvements associated therewith) used in connection with ” shall mean all of the transit lanes on City streets and transit stations (and platforms, Infrastructure“ Infrastructure that raises a health or safety concern. ” shall mean an event occurring on a Rapid Transit Vehicle or on, at, or within the LINK Incident“ Exhibit A - 3 549 JExhibit ” shall mean the document attached hereto as Rochester Public Transit Agency Safety Plan“ ” shall mean a request for proposals from Major Subcontractors. RFP“ ” shall mean the year in which the Revenue Service Start Date occurs. Revenue Service Start Year“ ” shall have the meaning set forth in Section 2. Revenue Service Start Date“ ” shall mean a year in which there is a Reset. Reset Year“ Start Date and the January 1 that occurs every three (3) years thereafter. ” shall mean the January 1 that occurs three (3) full calendar years after the Revenue Service Reset“ ” shall have the meaning set forth in Section 15(b). Representatives Meetings“ , Section 2. Exhibit B-1 regarding Performance Measures, as more particularly described in ” shall mean the monthly, quarterly, and annual reports to Mayo from the City Reporting Services“ ” shall have the meaning set forth in Section 2. Renewal Term“ Village. from the West Transit Village to the East Shuttle Lot, or from the East Shuttle Lot to the West Transit ” means a one-way trip of a Rapid Transit Vehicle along the LINK Route Rapid Transit Vehicle Trip“ mileage, and condition rating as described in the Rochester Public Transit Asset Management Plan. ” shall mean a report providing the Rapid Transit Vehicle age, Rapid Transit Vehicle Useful Report“ ” shall have the meaning set forth in Section 8. Rapid Transit Vehicle“ ” shall have the meaning set forth in Section 14(d)(i). Public Data“ , Section 3. Exhibit E” shall have the meaning set forth in Post-Termination Agreements“ implementing the Plan.in order for the City to implement the Plan, or in the event that Mayo assumes responsibility for the Viable Solution. The Plan shall identify all areas of the Agreement that need to be suspended the written memorialization, signed by both Parties, of the process to implement ” shall mean Plan“ Exhibit C” shall have the meaning set forth in Performance Measures“ ” shall mean Monday through Friday 6 to 9 a.m. and 3 to 6 p.m. Peak Hours“ Transit Stop. ” shall mean 4 to 6 minutes between Rapid Transit Vehicle arriving at each Peak Hour Intervals“ and from 8:00 a.m. to 12:00 am on Saturdays, Sundays, and legal holidays. ” shall mean weekdays between 5 and 6 a.m., 9 a.m. to 3 p.m. and 6 p.m. to 11 p.m. Off-Peak Hours“ Exhibit A - 4 550 . for Critical Services, Urgent Services or Enhanced Servicesan articulable problem or new request giving rise to a request ” shall mean Triggering Concern“ up or drop off users of the Transit Services. ” shall mean locations along the LINK Route where Rapid Transit Vehicles stop to pick Transit Stop“ , Section 1. Exhibit B-2” shall mean the Transit Services described in Transit Services“ period of time. ” means the total number of rides taken on the LINK by all riders in a specified Total Ridership“ ” shall mean have the meaning set forth in Section 2. Term“ ” shall have the meaning set forth in Section 9(a). Taxes“ , Section 5(b). Exhibit D as calculated pursuant to , Section 4, or (b) Exhibit D in a specified period. The Target Mayo Ridership is (a) as agreed upon in ” shall mean the anticipated Counted Mayo Ridership on the Transit Services Target Mayo Ridership“ minutes during Non-Peak Hours. ” shall mean between 4 and 6 minutes during Peak Hours and between 8 and 12 Target Intervals“ ” shall have the meaning set forth in Section 16(c). Subject Dispute“ ” shall have the meaning set forth in Section 5(a). Subcontractor“ ” shall mean the State of Minnesota. State“ ” shall have the meaning set forth in Section 18. Stark Law“ as applicable, to the Triggering Concern.a short-term solution, a medium-term solution, and/or a long-term solution, ” shall mean Solution“ ” shall have the meaning set forth in Section 14(b). Software Subcontractor“ ” shall have the meaning set forth in Section 14(a)(i). Software“ ” shall have the meaning set forth in the recitals to this Agreement. Small Starts Grant“ term Solution under Section 15(b)(i) of the Agreement.a Viable Solution in effect until the Parties enter into a long-” shall mean Short-term Solution“ Exhibit B-1” shall have the meaning set forth in Services“ Exhibit K” shall mean the document attached hereto as Rochester Public Transit Asset Management Plan“ Exhibit A - 5 551” shall mean the first full calendar year after the Revenue Service Start Year.Year 1“ . Exhibit H” shall mean the location labelled “West Transit Village” on West Transit Village“ ” shall have the meaning set forth in Section 14(d)(ii). Vendor Technology Agreement“ maximum service. ” means the number of spare vehicles divided by the vehicles required for annual Vehicle Spare Ratio“ . Parties that the City and Mayo agree can be implemented to address the Triggering Concern.a Solution to a Triggering Concern developed and approved by both ” shall mean Viable Solution“ ” shall have the meaning set forth in Section 17(b)(iv)(A). Use Right“ and cure provisions under the Agreement.Measures which Mayo wishes to have remedied more quickly than is required under the notice improved service that is included in the standards of the Performance ” shall mean Urgent Service“ Services without regard to proceeds received by the City to offset such costs. ” shall mean the actual cost of each ride taken on the Transit Unsubsidized Cost per Passenger Trip“ Exhibit A - 6 552 Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Number of Total Rides (1)Annual percent change (relative to such quarter) of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) updated within forty-five (45) days) with respect to the previous Calendar Quarter: Term, the following information (which may be in preliminary form and shall be Quarterly. On or before each January 15, April 15, July 15, October 15 during the (b) Summary of Comments (B)Summary of Complaints (A)Customer Experience - Rider feedback (ii)Number of completed Rapid Transit Vehicle Trips (2)Intervals, and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (D)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) month: information (which will be in preliminary form) with respect to the previous calendar of each month during the Term, the following th Monthly. On or before the 15 (a) below: and professionalism, and providing the following reports to Mayo on the frequency noted maintenance, customer feedback and complaints, training related to driver safety, decorum, Services in this Agreement, including, but not limited to: ridership, costs, Incidents, Reporting Services. Maintaining and keeping accurate records associated with providing the and the Performance Measures. Exhibit J,attached hereto as , the Rochester Public Transit Asset Management Plan, Exhibit I Safety Plan attached hereto as (including technology and infrastructure) that satisfies the Rochester Public Transit Agency ”) in a manner Transit Stop Lot in downtown Rochester (each of the foregoing locations, a “ between West Transit Village and East Shuttle Exhibit B Rapid Transit Vehicles as outlined in with Exhibit F,the City shall provide rapid transit service on the LINK Route, as depicted in Transit Services. In compliance with any applicable safety laws, ordinances, and regulations, ” means Transit Services and Reporting Services, collectively, as follows: Services“ SERVICES EXHIBIT B-1 Exhibit B-1 - 1 553 including changes from previous year Summary of training related to safety, decorum, and professionalism, (B)Summary of Comments (3)Summary of Complaints (2)scope) Rider survey results (survey needs to be market reasonable in (1)Rider feedback (A)Customer Experience (iv)Unsubsidized Cost per Passenger Trip (A)Financial (iii)Miles per in-service breakdown (C)Rapid Transit Vehicle Useful Report (B)Vehicle Spare Ratio for Rapid Transit Vehicles (A)Inventory (ii)Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Total Ridership (1)Annual percent change of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i)respect to the previous calendar year: Annually. On or before each April 15 during the Term, the following information with (c) Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop. Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Exhibit B-1 - 2 554 2. Implementation of the Plan. which must be signed by both Parties. As soon as practicable, the Parties will develop and memorialize the Plan, (3) identified Viable Solutions to address the Triggering Concern. (2) Mayo shall select, at its sole discretion, its chosen Viable Solution from the available for the implementation of Solution options. (1) The Parties will work diligently and expeditiously to identify resources Solution shall not be a reason that a Solution cannot be implemented. resources) shall not be a Viable Solution, and (B) the Cost to Mayo to implement a possible to implement (despite the City’s diligent and expeditious efforts to identify the Triggering Concern. The Parties acknowledge that (A) any Solution that is not (d) Following such discussion, the Parties will develop proposed Viable Solutions to option. Solution option; and (D) the timing of implementation of each Solution financial, operational, public safety, and any other identified barriers to each Solutions, as applicable; (B) the Cost of each Solution option; (C) legal, The Parties will consider: (A) short-term, medium-term and long-term (2) Solution options. proposed Solution(s) and will collaborate with Mayo to identify additional Mayo will propose one or more Solutions. The City will evaluate the (1) At such meeting: (c) or Enhanced Service) is needed to address the Triggering Concern. which category of additional operational services (Critical Service, Urgent Service Prior to the meeting, Mayo will identify to the City the Triggering Concern and (b) the Triggering Concern. Triggering Concern is related to Urgent Services or Enhanced Services to discuss 24 hours (or at such time as may otherwise be agreed to by the Parties) if the Mayo’s request if the Triggering Concern is related to a Critical Service and within Executive-level personnel from the City and Mayo will meet within 8 hours of (a) following process to implement a Critical Service, Urgent Service, or Enhanced Service: 1. Process. If Mayo has a Triggering Concern, Mayo may, at its sole discretion, initiate the CRITICAL, URGENT OR ENHANCED OPERATIONAL SERVICES EXHIBIT B-2 Exhibit B-2 - 1 555 such time that Mayo is implementing its chosen Solution. prohibit or restrict Mayo from implementing the Solution shall be suspended during All provisions in the Agreement that are identified in the Plan that would otherwise (b) Solution. necessary, and within the City’s authority, for Mayo to implement its chosen The City shall cooperate with and grant Mayo such rights that are reasonably (a) by the City, which approval shall not be unreasonably withheld, delayed or conditioned. to discussion between the Parties and memorialized in a new Plan which shall be approved implement an alternate Solution similar to the Plan. Any alternate Solution shall be subject indemnification provision of the Agreement, to take over implementation of the Plan or dates established in the Plan, then Mayo may elect, at its sole discretion, subject to the without reasonable basis, does not initiate or complete implementation of the Plan by the 4. Remedy. In addition to all other rights and remedies under the Agreement, if the City, allocation during Representative Meetings. Mayo will develop medium- and long-term Solutions and discuss any potential Cost not have sole discretion to select the medium- and long-term Solution and the City and any default may not be the same as the Plan. In the case of an Urgent Service, Mayo shall to cure any default under this Agreement. The Parties acknowledge that the City’s cure for and such Solution paid for by Mayo shall not extend the time in which the City is obligated The City shall not be relieved or excused from its cure obligations under this Agreement the Short-term Solution and the expiration of the City’s cure period under this Agreement. term Solution until the earlier of the City’s cure of the Triggering Concern giving rise to or Enhanced Services. In the case of an Urgent Service, Mayo shall pay 100% of the Short-3. Cost of Implementation. Mayo shall pay 100% of the costs of the Plan related to Critical cure of the Triggering Concern. The Short-term Solution for an Urgent Service shall be replaced upon the City’s (d) any material deviations from the Plan as such deviations arise. implementation of the Plan. The City shall also provide prompt notice to Mayo of The City shall provide regular updates to Mayo regarding the status of its (c) soon as reasonably possible. reasonably possible. The City shall initiate medium- and long-term Solutions as The City shall initiate any Short-term Solution within 24 hours, or as soon as (b) with the timelines and requirements as set forth in the Plan. The City shall use its best efforts to cause the Plan to be implemented in accordance (a)Exhibit B-2 - 2 556 greater).20% (or, if different, the Federal Transit Administration requirement, whichever is The City shall maintain a Vehicle Spare Ratio of Rapid Transit Vehicles of at least (a) to reflect the Parties’ agreement based on the information available as of the Effective Date. and Federal regulations and guidelines are in the development process. This Section is intended Date, electric-powered rapid transit vehicles are an emerging technology and, therefore, State The Parties acknowledge that, as of the Effective Rapid Transit Vehicle Fleet Condition. Vehicle Trips on an annual basis. Vehicle Trips on a monthly and quarterly basis and 97% of such Rapid Transit other factors. The City shall complete at least 95% of scheduled Rapid Transit trip time or the LINK Route due to construction detour, mechanical issues, or Transit Vehicle Trips that are not completed or that deviate from the scheduled The City shall use its best efforts to minimize the number of scheduled Rapid (ii) time. address any changes to the LINK Route requested by either Party from time to After the Revenue Service Start Date, the City and Mayo shall collaboratively (i) Route Operations. (b) 7 business days – injuries, crimes. 5 business days – driver complaints (rude, unsafe, unhelpful), safety, etc. 3 business days – ride experience, disruptive passenger, cleanliness specified below: 97% of Rider Complaints shall be Closed-out within the applicable time period (iv) minutes during Off-Peak Hours. originated for no longer than (A) 6 minutes during Peak Hours or (B) 12 waited for a Rapid Transit Vehicle to arrive at the Transit Stop where the ride At least 90% of the rides comprising the annual Counted Mayo Ridership (iii) Off-Peak Hours; Hours and at least 6 Rapid Transit Vehicles per hour at each Transit Stop during At least 12 Rapid Transit Vehicles per hour at each Transit Stop during Peak (ii) LINK Transit Services seven (7) days a week; (i) The City shall operate: Passenger Experience. (a) Ridership Experience. ” means the following:Performance Measures“ PERFORMANCE MEASURES EXHIBIT C Exhibit C - 1 557 the type or volume of data collected by the Software, (ii) any change to how the Provides written notice to Mayo at least sixty (60) days in advance of (i) any change to (i) information to be consumed or stored by the City or the Software. Will not require Mayo confidential business information or personal identifying (h) riders’ personal smartphones through an app or on a computer through a web interface. Includes capability for individual riders to track individual Rapid Transit Vehicles on (g) time basis. Allows the Parties to measure and track wait times for passengers, including, on a real- (f) Transit Vehicle as it departs each Transit Stop. Includes the ability to count and track the total number of passengers on each Rapid (e) stop. automated passenger counter (APC) which tracks riders boarding and leaving at each Include the ability to track the total number of rides taken by all riders using an (d) Include the ability to track the Counted Mayo Ridership. (c) Vehicles, ridership and other information reasonably identified by Mayo. provide the following information: the real-time location of the Rapid Transit Include an electronic “dashboard” that will be accessible to Mayo at all times that will (b) Vehicle, and other data reasonably identified by Mayo. Include the ability to provide real-time location of each in-service Rapid Transit (a) following requirements: potential Software Subcontractors. The Parties will cooperate to procure technology with the Mayo will assist in developing the criteria for Software and the evaluation of Software. and State guidelines for electric vehicle buses, whichever is more). shall be more than 73,200 miles (or, if different than the Federal Transit Administration were pulled from service due to mechanical, electrical, and/or battery related issues Transit Vehicle) of the number of miles since the last time such Rapid Transit Vehicles electrical, and/or battery related issues in a 12 month period, the average (per Rapid With respect to the Rapid Transit Vehicles pulled from service due to mechanical, (d) ratings and minimum requirements for compliance with governmental requirements. with governmental requirements. Reporting shall include such mileage and condition The mileage and condition ratings of all Rapid Transit Vehicles shall be in compliance (c) Rapid Transit Vehicles. vehicle buses, whichever is longer) unless the City is actively pursuing replacement different than the Federal Transit Administration and State guidelines for electric 90% or more of the Rapid Transit Vehicles in use shall be less than 12 years old (or, if (b) Exhibit C - 2 558 these Performance Measures can be adjusted by written agreement of the Parties. Performance Measures, but may take up to three (3) months to fully establish compliance. In addition, recognition of these factors, the Parties agree that the City will use best efforts to reach these performed. The Parties acknowledge, however, that changes will need to be made over time. In The Performance Measures reflect the best understanding of the Parties of how Services will be Technical support to Mayo for use of Software during normal business hours. (j) the underlying platform or technology stack upon which the Software is built. Software connects with or integrates with any other system, and/or (iii) any change to Exhibit C - 3 559 shall pay an additional amount equal to 10% of that year’s Annual Operating Fee (the Ridership in such year was 10% or more over the Target Mayo Ridership for such year, Mayo ) full calendar year, the Counted Mayo rd If after the third (3 Additional Operating Fee: and Mayo shall have no remaining liability with respect to such amount. in a particular year, the remaining 10% of the Annual Operating Fee is waived If the Counted Mayo Ridership is less than 90% of the Target Mayo Ridership (iii) from Mayo’s next-due payment(s). dispute resolution, Mayo has overpaid, the amount overpaid will be deducted will be made based on City’s Annual Certification. In the event that, after such dispute resolution does not suspend the timing of payments, and such payments process established in Section 16. Mayo’s exercise of the right to pursue the Annual Certification, the Parties will proceed through the dispute resolution receipt of the Annual Certification, Mayo disagrees with any item set forth in If, upon Mayo’s review of the Annual Certification and within 45 days of Mayo shall have the right to review and approve such Annual Certifications. (ii) was 90% or more over the Target Mayo Ridership for that year. (C) Whether the Counted Mayo Ridership in the full prior calendar year with reasonable supporting documentation; and (B) The Counted Mayo Ridership for the full prior calendar year together year; (A) A statement of the Target Mayo Ridership for the prior full calendar ”) that includes: CertificationAnnual a written statement signed by the City Administrator (the “No later than April 30 each year during the Term, the City shall provide Mayo (i) 10% of the Annual Operating Fee: (b) month. business day of each st Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City 90% of the Annual 90% of the Annual Operating Fee: (a) ) full calendar year after commencing Services: rd following the third (3Beginning on January 1 of the year After the First Three Full Calendar Years of the Term. day of each month. business st 100% of the Annual Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City ) full calendar year after the Revenue Services Start Date,rd third (3On and after the Revenue Services Start Date until and through December 31 of the Term. Commencement of Services through December 31 of the Third Full Calendar Year of the COMPENSATION EXHIBIT D Exhibit D - 1 560 Security costs. and related structures. Maintenance and repairs of platforms, elevators, stairs, equipment, Station-related costs (ii)Vehicle costs Operator contract Service Costs (i)Operating and Maintenance Costs: (a) state or federal funds. replacement costs for LINK outlined below, taking into consideration any contributions from Annual Operating Fee may include the operating and maintenance costs and capital Actual operating expenses and capital replacement costs, for purposes of negotiating the Actual Operating Expenses and Capital Replacement Costs: 6. and third calendar years immediately prior to the Reset. average of the Counted Mayo Ridership counted by the Software during the second (b) the Target Mayo Ridership for the following three (3) calendar years shall be the increase of such sum by the lesser of 5% or CPI; and prior year’s Annual Operating Fee plus the Additional Operating Fee, if any, plus an (a) the Annual Operating Fee for the following three (3) calendar years shall equal the before the next Reset: Exhibit D are not agreed upon by the Parties pursuant to the discussion referenced in Section 4 of this If the Annual Operating Fee and the Target Mayo Ridership for the following calendar year Default Reset Formula: Agreement. Ridership pursuant to this Section 4 shall be memorialized in a written supplement to this Reset. Any agreement of a modification of the Annual Operating Fee and Target Mayo agreeable Annual Operating Fee and Target Mayo Ridership for the first year following the and agreement of the Parties. The Parties will negotiate in good faith to arrive at a mutually City capital reserves, and proposed improvements to the Services, but are subject to negotiation replenish fund balance for investments and expenses directly related to the LINK that depleted numbers, Counted Mayo Ridership, CPI, increased operating expenses including expenses to , below), actual ridership Exhibit D the categories and process outlined in Section 6 of this circumstances will include actual operating expenses and capital replacement costs (based on subsequent calendar year’s Annual Operating Fee and Target Mayo Ridership. Such facts and begin meeting to discuss the facts and circumstances warranting the modification of the may be reset/renegotiated by the Parties. At least one year before each Reset, the Parties will ) calendar year thereafter, the Annual Operating Fee and the Target Mayo Ridership number rd) full calendar year and at the end of every third rd At the end of the third (3 Three-Year Reset: Annual Certification from the City. ”) to the City within forty-five (45) days after its receipt of such Additional Operating Fee“Exhibit D - 2 561 Guideway elements (iv)Technology (iii)Stations and plazas (ii)Transit vehicles and chargers (i)Capital Replacement Costs: (b)Shelter/platform cleanup Snow and ice removal Landscape maintenance Power wash Software fees Maintenance and Support Contracted Costs (iv)other Link Services. Support costs: staffing required to support the Performance Measures and (iii)Exhibit D - 3 562 provide transit services along the LINK Route; and all capital expenses to Mayo in the event that the City does not continue to Allocation of cost to maintain, repair, replace, and upgrade the Infrastructure (v)event that the City continues to operate transit services along the LINK Route; a formula for allocation of maintenance, repair, and replacement costs in the (iv)Infrastructure; City performance of maintenance, repair and replacement services for the (iii)joint operation transit services along the LINK Route; Shared Use and Operations Agreement to govern use of the Infrastructure for (ii)Use Rights term through the end of all Renewal Terms; (i)gives rise to a Use Right. Required terms to include, at a minimum: Post-Termination Shared Use and Maintenance Agreement: follows a termination that (a)”): Post-Termination Agreements(collectively, the “3. Forms of the following agreements which must be confirmed in writing by the Parties. Construction (v)Bid (iv)Design (iii)what?) Project descriptions and allocation of responsibility (e.g. who is building (ii)Land use agreements/ROW/Easement (i)Terms to include for each of the above agreements: (e)East Shuttle Lot (d)West Transit Village (c)2nd Ave. (east bound/south side): Vertical Circulation (b)St. Mary’s: Pedestrian Tunnel, BAT lane (a)2. Site-Specific Agreements: No use fee; Maintenance costs to be negotiated between the Parties. (d)Operation, maintenance. (c)(b) Shared use of the Infrastructure. (a) Shared use and operation during the Term of the Agreement. 1. Shared Use and Operation Agreement. ADDITIONAL AGREEMENTS EXHIBIT E Exhibit E - 1 563 and Mayo’s legal responsible for its decisions. a method for decision-making that recognizes Mayo’s level of contribution, (viii)a decision-making process and funding allocation for upgrades; and (vii)are providing Services; a formula for allocation of other capital expenses in the event that both Parties (vi)Exhibit E - 2 564 (ii) Property Damage $500,000 each occurrence $5,000,000 annual aggregate (i) Bodily Injury $3,000,000 each occurrence (a) Comprehensive General Liability insurance: liability coverage outlined below. The insurance coverage shall be as follows: \[Mayo Foundation for Medical Education and Research\] added as an additional insured for all cancellation of coverage. \[CONTRACTOR\] and its subcontractors shall name \[CITY\] and request by \[CITY\], and shall notify \[CITY\] immediately in the event of any modification or subcontractors shall provide documentation of such insurance coverage to \[CITY\], upon to \[CONTRACTOR\]’s activities pursuant to this \[CONTRACT\]. \[CONTRACTOR\] and/or its subcontractors, as approved by the \[CITY\], to maintain the following insurance with respect \[CONTRACTOR\] agrees to maintain at a minimum and to require any of its Insurance. this Section shall survive the termination of this \[CONTRACT\]. represented by counsel of their own choosing. The indemnification provisions contained in Indemnifying Party. The \[CITY\] and \[Mayo\] Indemnified Parties shall have the right to be this \[CONTRACT\] or the negligence or intentional acts or omissions of \[CONTRACTOR\] \[CONTRACTOR\] Indemnifying Party’s failure to perform in accordance with, or breach of, may incur or suffer by reason of or arising out of any third party claim attributable to liabilities, costs, and reasonable attorneys’ fees, the \[CITY\] and \[Mayo\] Indemnified Parties any and all losses, expenses, actions, claims, demands, suits, judgments, awards, damages, and contractors (collectively, the "\[CITY\] and \[Mayo\] Indemnified Parties"), from and against its subsidiaries and affiliates, together with its respective officers, directors, employees, agents Indemnifying Party") shall indemnify, hold harmless, and defend the \[CITY\] and \[Mayo\] and respective officers, directors, employees, agents and contractors (the "\[CONTRACTOR\] \[CONTRACTOR\] and its subsidiaries and affiliates, together with its Indemnification. \[CONTRACTOR\] by its assignee. not in any manner relieve the assignor from liability for the performance of this purported assignment in violation of this clause is void. Such written consent, if given, shall \[CONTRACTOR\] without the prior written consent of the \[CITY\] and \[MAYO\]. Any This \[CONTRACT\] may not be transferred, delegated, or assigned by the Assignment. Medical Education and Research (MAYO) as a third-party beneficiary of any warranties. A provision naming Mayo Foundation for Name Mayo as a Third Party Beneficiary. contractor or subcontractor agreement promptly after execution. City shall provide Mayo with an un-redacted copy of each Copies of Contractor Agreements. include sections substantially similar to the following: All City RFPs and agreements with Major Subcontractors to provide Services related to the LINK shall REQUIREMENTS FOR MAJOR SUBCONTRACTORS EXHIBIT F-1 Exhibit F-1 - 1 565 any reason, the \[CONTRACTOR\] shall cease, and cause its approved agents and officials, employees, subcontractors, or agents. Upon termination of this \[CONTRACT\] for disclosure of any of the Confidential Information to unauthorized persons by any of its Confidential Information. \[CONTRACTOR\] shall take reasonable precautions against that such officials or employees, subcontractors, and agents protect the confidentiality of obligation of confidentiality no less restrictive than set forth in this \[CONTRACT\] to ensure agreements with officials or employees, subcontractors, and agents who are bound by an this \[CONTRACT\] and under law including without limitation written instruction to and shall not divulge such information to any third parties, except as otherwise provided for under \[CONTRACTOR\] shall maintain the confidentiality of all such Confidential Information and required to be released under the Minnesota Government Data Practices Act, Information”). Provided that the Confidential Information is not public data or otherwise policies, and other business and financial information (collectively, “Confidential marketing techniques, contractual arrangements, employee information, price lists, pricing policies, procedures, operating manuals, utilization, and quality assurance programs, software, information belonging to \[MAYO\] and its affiliates, including but not limited to, trade secrets, course of performance under this \[CONTRACT\], it may have access to certain confidential \[CONTRACTOR\] acknowledges and agrees that in the Confidentiality of information. cancellation \[to: \]. \[Mayo addressee to be determined.\] \[CONTRACTOR\] must notify Mayo “immediately in the event of any modification or required herein shall not limit \[CONTRACTOR\]’s liability. long as the appropriate statute of limitations. The minimum limits of any insurance coverage based,” such coverage must include an extended reporting endorsement (tail coverage) for as If the insurance coverage described in this Section is “claims-made” rather than “occurrence- required above. (f) Umbrella coverage: $1,000,000 excess and additional to the liability insurance in connection with the Services. Major Subcontractors with access to any Mayo Not Public Data received by the City shall be limited to Software Contractors and any other Exhibit F-1 requirements of this loss, theft of data, degradation, and downtime; provided, however, that the breaches, unauthorized access/use, identification theft, invasion of privacy, damage providing coverage for claims and losses with respect to network risks (such as data have limits of not less than $2,000,000 for each occurrence and in the aggregate, (e) Cyber Insurance - Comprehensive Network Risk/Cyber insurance: Coverage shall liability shall be a minimum of $500,000 per accident. required by the statutes of the state in which the work is performed. Employer’s (d) Workers Compensation insurance: Coverage shall be in the amount of statutory limits (c) Automobile Liability insurance: Combined Single Limit of $5,000,000. insurance shall be available upon request. \[CONTRACT\], coverage shall be in amounts reasonable in the industry and proof of (b) Professional Liability insurance: If professional services are provided under this Exhibit F-1 - 2 566\[CONTRACT\]. response is needed. This Section shall survive expiration or earlier termination of this BusinessRelations@mayo.edu at least seven (7) business days prior to the date on which a Section must be submitted to the Mayo Clinic Business Relations Group at written consent for the particular use contemplated. All requests for approval pursuant to this any advertising, publicity, endorsement, or promotion unless \[MAYO\] has provided prior shall not use the names or trademarks of \[MAYO\] or of any of \[MAYO\]’s affiliated entities in Except as specifically permitted in this \[CONTRACT\], the \[CONTRACTOR\] Use of Name. attached hereto. F-3 and Exhibits F-2 Comply with the provisions of (g) shall have the right to review any audit logs kept for all transactions.authorized agent or designee to perform the audit set forth in this paragraph. \[CITY\] cooperation as may be reasonably requested by \[CITY\] to enable \[CITY\] or its \[CONTRACTOR\] shall provide all such assistance, accommodation, and graphics or audio/visual material used to create or operate the \[SOFTWARE\]. processes to prevent malicious or inappropriate access to source code, data, \[CITY\] may, in its discretion, direct improvements of such security controls and they are adequate to protect \[MAYO\] and/or \[CITY\] data and the \[SOFTWARE\]. processes and its access of any \[CITY\] and/or \[MAYO\] systems to determine if include, without limitation, a review of \[CONTRACTOR’S\] security controls and laws, rules, and regulations, whether in effect now or in the future. Such audit may state, local, provincial, and international privacy and security and other similar \[CONTRACT\], and \[CONTRACTOR’S\] compliance with all applicable federal, audit \[CONTRACTOR’S\] performance under and compliance with this \[CITY\] and its authorized agents or designees, at its option, the necessary access to (30) calendar days after \[CITY’S\] written request, \[CONTRACTOR\] shall allow Without limiting any other audit rights set forth in this \[CONTRACT\], within thirty (f)deficiencies identified in the audit report in a commercial reasonable timeframe. Produce a copy of said audit report and make best efforts to remediate any control (e)Standardization 27001. and such audit will be performed in accordance with International Organization for Audit the security of software systems and processes at least once every calendar year (d)prevent unauthorized collection, access, disclosure and use of data. Employ administrative, physical, and technical safeguards reasonably designed to (c)consistent with applicable industry standards and best practices. Enhance and improve \[SOFTWARE AND EQUIPMENT\] in a manner that is (b)matters monthly. Update \[SOFTWARE\] to address any security updates, bug fixes, or responsiveness (a) \[CONTRACTOR\] must Software and Equipment. \[CONTRACT\]. \[CONTRACTOR\]. This Section shall survive expiration or earlier termination of this this \[CONTRACT\], other than as a result of an unauthorized disclosure by the is public knowledge or that becomes a matter of public knowledge after the Effective Date of shall return to \[MAYO\] any copies thereof. This Section shall not apply to information which required to retain the information under Minnesota Statute § 15.17 or other legal requirement, subcontractors to cease, all use of any of the Confidential Information and, unless otherwise Exhibit F-1 - 3 567 firmware, or other executable code contained in any Company Designed Products, and any static code analysis tools designed to discover security vulnerabilities in the software, COMPANY further represents and warrants that such testing processes and tools include iii.control, as described by the NIST standards for secure software development. software updates, regression testing, software unit testing, and management of version use in Company Designed Products, including software security, release management, lifecycle (SDLC) for secure development of software, firmware, or other executable code code in all Company Designed Products. COMPANY will follow software development COMPANY will be responsible for the quality of the software, firmware, or executable ii.Designed Products. in the industry, designed to ensure the security and non-vulnerability of all Company COMPANY security practices contain testing processes and tools, adequate and customary System Development Lifecycle. and required password changes at least every 90 days. HITRUST 01.d (version 9.1 or newer) – Level 2, plus 12-character password minimum ii.least every 90 days. NIST 800-63, plus 12-character password minimum and required password changes at least one of the following password standards: installation. COMPANY shall configure all such Company Designed Products to meet at of the Company Designed Product shall be removed during Company Designed Product that are unique to CITY upon installation. All users with access not required for CITY’s use use of a password, all default passwords used by COMPANY shall be changed to passwords : For all Company Designed Products that permit user authentication through the Passwords implement and maintain the following for Company Designed Products:COMPANY represents and warrants that it shall Security Requirements for Products. ”). ProductsCompany Designed resold by the COMPANY and utilized by or for the benefit of CITY (“ This Schedule provides required security controls for Products designed, developed, or Scope:”) CITY referred to as “”), herein individually and collectively MAYO the benefit of Mayo Clinic and all of its Affiliates (“, a Minnesota municipal corporation, on its own behalf and for City of Rochester, Minnesota and date below (“Schedule Effective Date”) by and between the entity signing below (“COMPANY”) is made effective as of the last signature This Basic Products Security Schedule (“Schedule”)Basic Products Security Schedule Information Security Agreement LINK Transit System EXHIBIT F-2 Exhibit F-2 - 1 568 facilities, and affiliates, and shall work with CITY to mitigate any adverse impact. of the KVE in order to determine the nature and impact of the KVE upon CITY, its take all such actions as may be necessary to assist CITY and its delegates in an investigation : In the case of a suspected or confirmed KVE, the COMPANY shall Assistance to CITY vi.KVE, with such action being taken within forty-eight (48) hours after identification. : COMPANY shall promptly act to mitigate, correct, and/or eliminate any such Response the issues, and shall be provided to CITY. Any un-mitigated Threats shall be documented, including any potential consequences of the issue, along with the timeframe during which mitigations and corrections shall occur. notification shall include COMPANY’s intended plan to mitigate, correct, and eliminate MAYO by COMPANY within twenty-four (24) hours of the issue identification. The : All such identified and/or reported KVE shall be reported to CITY and Notification iv.other entity. “KVE”), whether identified by COMPANY, a customer of COMPANY, CITY, or any associated with any Company Designed Product (a “Known Vulnerability or Exploit,” or document, report, and track any and all security issues (or potential security issues) : COMPANY shall implement and maintain a process to identify, Documentation iii. of the Company Designed Product. to jeopardize CITY’s information shall be remediated by COMPANY prior to CITY’s use software has the capability to detect the malware exploiting the vulnerability in real time) there are publicly available exploit payloads, and if the system/systems’ anti-malware to the value of data stored on the devices, the CVSS score of the vulnerability, whether : Any vulnerability deemed severe enough (e.g., as it relates Pre-production Requirements ii.security testing shall be provided to CITY upon request. a vulnerability scan encompassing all ports and fuzz testing. The results of the above current “SANS CWE Top 25” and / or “OWASP Top 10” documentation, and shall include and that all security testing performed by COMPANY covers all issues noted in the then that it performs security testing and validation for all of its Company Designed Products, such vulnerability assessment, at no cost to CITY. COMPANY represents and warrants or, in CITY’s discretion, CITY personnel (or a tester selected solely by CITY) may perform by a tester of CITY’s choosing (or a tester selected by COMPANY and approved by CITY), testing, which includes, but is not limited to, binary inspection, analysis and comparison, testing, and prior to the release of a new version. Reverse engineering of critical binaries Products (purchased or to be purchased by CITY), including scanning, annual penetration : COMPANY shall perform a vulnerability assessment for all Company Designed General Testing, Scanning, and Vulnerability Management the warning shall not affect the security of the products. implementation or the Company Designed Products, or provide a written attestation that warnings or violations produced by such tools prior to the delivery, installation, or patches, update, upgrade, or release thereof. COMPANY warrants that it shall remedy any Exhibit F-2 - 2 569 the U.S. Federal Transit Administration (FTA) and any other applicable regulatory body. with all cyber-security guidelines and similar requirements and standards promulgated by With respect to all of its Company Designed Products, COMPANY meets and complies functionality, even when the Company Designed Product’s security has been compromised. implement fail-safe features that protect the Company Designed Product’s critical : COMPANY shall, for all Company Designed Products, Functionality and Compliance obligations hereunder. associated with the Company Designed Product, or negate or reduce COMPANY’s to address or mitigate a KVE, such action shall not serve to negate or amend the warranty In the event that CITY (or COMPANY) modifies or alters any Company Designed Product Product warranties or any of COMPANY’s obligations hereunder. and that no such action shall impact, limit, reduce or negate any Company Designed that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any Threat, : COMPANY expressly agrees that CITY may take any and all actions Mitigation by CITY vii.Exhibit F-2 - 3 570 for monthly OIS VMP scanning, COMPANY will be responsible for providing a monthly vulnerabilities are found and able to be addressed. If COMPANY cannot provide access ”), which will scan with privileged accounts once a month to ensure new VMPOIS the Office of Information Security’s Vulnerability Management Program (the “COMPANY will agree to have their Products, including servers/workstations, added into Vulnerability Management of such Product’s functionality. updates. The inclusion of such feature shall not result in or cause in any way a depreciation to and run a commercial anti-virus scanner that receives regular signature and/or parameter operating systems supplied to CITY shall have whitelisting capabilities or be configured All Company Designed Products and associated workstations and servers and devices with ii.into the CITY’s environment. conduct the antivirus scan; COMPANY shall allow CITY to conduct the test prior to access directories and/or files excluded from the antivirus scan. If COMPANY is not able to provide a report of the findings from the anti-virus scanner, along with identifying any verify that the software does not contain any known viruses or malware. COMPANY shall Company Designed Product, prior to such product being delivered to CITY or installed, to date signatures, and/or parameters, shall be performed on all software embedded within a For all Company Designed Products, a security scan by an anti-virus scanner, with up-to- Anti-Virus Scanning Requirements Products used in CITY’s on-premises environment:warrants that it shall implement and maintain the following for Company Designed COMPANY represents and Security Requirements for On-Premises Products. possession by MAYO staff. premises environment, (b) within a MAYO-operated cloud environment, and/or (c) in the direct ”) and utilized (a) within CITY’s on-Company Designed Products resold by the COMPANY (“ This Schedule provides required security controls for Products designed, developed, or Scope:”). CITY individually and collectively referred to as “”), are herein MAYO behalf and for the benefit of Mayo Clinic and all of its Affiliates (“”) and City of Rochester, Minnesota, a Minnesota municipal corporation, on its own COMPANY signature date below (“Schedule Effective Date”) by and between the entity signing below is made effective as of the last This On-Premises Products Security Schedule (“Schedule”)On-Premises Product Schedule Information Security Agreement LINK Transit System EXHIBIT F-3 Exhibit F-3 - 1 571 operating systems and embedded software, or any component thereof contain any hardware hardware or software products, including the Company Designed Products, and any Software furnished to CITY will contain any orphaned code, as defined below, and (ii) no COMPANY represents and warrants that (i) no Open Source Open-Source Software. ii.release. systems, and vendor supplied network components within twenty (20) days of the date of Products, commercial applications, anti-virus and other security software, operating COMPANY shall provide all validated updates and patches for all Company Designed and updates to any such software and firmware are restricted to authenticated code. COMPANY shall ensure that all Company Designed Product software, firmware Updates. Software Requirements and Support processes to have administrative privileges to function. Product requires any application, commercial software, service, or communication Designed Products that require administrative privileges and that no Company Designed . COMPANY agrees to limit the number of accounts on Company System Privileges iv.Designed Product shall be removed during Company Designed Product installation. . All users with access not required for CITY’s use of the Company User Accounts iii.Products. and doing so will not limit the functionality or performance of the Company Designed CITY may prevent access to the internet with regard to any such features or functionality, periodically transmit usage, statistical or other data to COMPANY or any third party. Products will contain any “phone-home”, metering, or other features designed to . Unless specifically authorized by CITY in writing, no Company Designed Telemetry ii.installation and that all hardware ports and drives remaining are documented. Product (to the extent feasible) or Company Designed Product shall be disabled at time of installation, and that all hardware ports and drives not required for use or operation of the Company Designed Product as well as files, scripts, messaging services and data following the removal of all software and installation media not specifically required for the operating system provided in any Company Designed Product, including but not limited to that all ports and services remaining are documented. COMPANY shall harden any services not required for Product use shall be removed prior to or during installation and requiring installation, COMPANY represents and warrants that all TCP and UDP ports and . For all Products (to the extent feasible) and Company Designed Products Installation Hardening users, shares, operating system patches, and server/workstation configuration. sufficient privileges (e.g. authenticated scans) to enumerate software versions, databases, In addition, vulnerability scanning shall be done by CITY and/or its designee with ii.expense. report that includes comprehensive vulnerability scan results to CITY at COMPANY’s Exhibit F-3 - 2 572 assessment results to CITY, at COMPANY’s expense. COMPANY can provide an independent report that includes comprehensive manual security Security Agreement. In lieu of manual security assessment(s) by CITY security personnel, follow-up testing requested by COMPANY at a later time, falls outside of the scope of this of the assessment will be kept strictly confidential and reported only to the COMPANY. Any and providing technical documentation for CITY to review. All information gathered as part device to a CITY site, discussing with CITY the underlying code base(s) used by the device, varying levels of technical support, including but not limited to; shipping/installing a test performance of manual security assessments by CITY will require COMPANY to provide hardware, software, protocols, and attack surface of the device(s) being purchased. Such personnel to perform manual security assessment(s), to identify potential security risks across criticality to safety, and operations, and other risk factors may prompt CITY security . IoT Devices, depending on volume purchased, Support for Manual Device Assessments II.standard SBOM when established. (COMPANY, MAYO, third party). This requirement will be replaced with an industry software version, software service pack or update, patching frequency, patching owner SBOM will include: vendor name and product name based on NIST CPE Dictionary, ”) for Products purchased after the signing of this Security Agreement. The SBOM COMPANY will provide a Software Bill of Materials Software Bill of Materials. iii.www.opensource.org/licenses. Public License, or any similar license, including, but not limited to, those licenses listed at License, GNU Library General Public License, Artistic License, BSD license, Mozilla programming, or other intellectual property that is subject to the GNU General Public for longer than one (1) month. “Open Source Software” means any software, software, or (d) the maintainer fails to response to questions or requests for security fixes distribution web site for the relevant software does not list an individual who maintains the individual responsible for supporting and maintaining the code, or (c) the official that (a) has had more than one (1) year since its last release, (b) does not have an identified manufacturer or licensor). For purposes of this Section, “orphaned code” means software or software that is end-of-life (i.e., to no longer be supported and updated by the Exhibit F-3 - 3 573 Avenue SE. nd Avenue SE and 2 st extended 1 Street SE between what will be an th: A single platform on an extended 6 Street SE th 6 Street SE immediately west of Civic Center Drive SE. nd: South side of 2 Civic Center of the Hilton Building. Avenue SW), in front nd Street SW west of Discovery Walk (2 nd: South side of 2 Avenue nd 2 Avenue SW intersection. th Street SW and 6 nd: Southeast corner of the 2 Avenue th 6 Avenue SW. th Street SW closer to 13 nd: South side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 19 nd: Southeast corner of the 2 Avenue th west lot property at ground level. : Single platform located in the northeast portion of the Mayo-owned West Transit Village East Bound west lot property at ground level. : Single platform located in the northeast portion of the Mayo-owned West Transit Village Avenue SW intersection. th Street SW and 19 nd: Northwest corner of the 2 19th Avenue Avenue SW. th Street SW, closer to 13 nd: North side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 6 nd: Northwest corner of the 2 6th Avenue Building. Street SW west of Annenberg Plaza, in front of the Mayo nd: North side of 2 2nd Avenue Street SE immediately west of Civic Center Drive SE. nd: On the north side of 2 Civic Center Avenue SE. nd Avenue SE and 2 st extended 1 Street SE between what will be an th: A single platform on an extended 6 6th Street SE West Bound The LINK will have seven Transit Stops, located in the following locations: LINK ROUTE DEPICTION EXHIBIT G Exhibit G - 1 574 \[document follows this cover sheet\] EXHIBIT G (CONTINUED) Exhibit G - 2 575 \[document follows this cover sheet\] INFORMATION TECHNOLOGY USAGE AGREEMENT CITY VENDOR/CONTRACTOR EXHIBIT H 576 \[document follows this cover sheet\] MAYO CODE OF CONDUCT EXHIBIT I 577\[document follows this cover sheet\] AGENCY SAFETY PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT J 578 \[document follows this cover sheet\] ASSET MANAGEMENT PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT K 579 ** Signature Page to Transit Services Agreement ** ____________________________________ ____________________________________ ____________________________________ _________________________ ___________ Date: Its: Name: By: RESEARCHEDUCATION AND MAYO FOUNDATION FOR MEDICAL _______________________________________ Date: Its: City Clerk Name: __________________________ ____________ By: _____________________________________ ____________________________________ Mayor ____________________________________ ____________________________________ Date: Its: Name: By: CITY OF ROCHESTER below.Parties have executed this Agreement on the dates set forth , the IN WITNESS WHEREOF 580 Mayo, as applicable. for correction to the complainant and to” shall mean investigated by the City and for which the City has provided an action plan out-Closed“ ” shall have the meaning set forth in Section 16(a)(iii) Class 3 Disputes“ meaning set forth in Section 16(a)(ii). ” shall have the Class 2 Disputes“ ” shall have the meaning set forth in Section 16(a)(i). Class 1 Disputes“ October 1-December 31. September 30, and -June 30, July 1-March 31, April 1-” shall mean January 1 Calendar Quarter“ rth in Section 10(b). ” shall have the meaning set fo Background IP“ , Section 5, as applicable. Exhibit D amount calculated pursuant to , Section 4, or the Exhibit D In Reset Years: The amount agreed to by the Parties in (d) calendar year plus the lesser of CPI or 5%; or eding were provided for 7 months or more: the Annual Operating Fee from the precReset Years: starting after the first calendar year in which Services -In subsequent non (c) In Year 1: $3,500,000 per year; (b) In the Revenue Services Start Year: $291,666.67 per month. (a) ” shall mean:Annual Operating Fee“ Exhibit D” shall have the meaning set forth in Annual Certification“ time to time.” shall mean this Link Transit Services Agreement, as may be amended or modified from greementA“ amended from time to time. 148, Mar. 23, 2010, 124 Stat. 119, as –known as the “Affordable Care Act” or “ACA”, Pub. L. 111, commonly Patient Protection and Affordable Care Act” shall mean the Affordable Care Act“ the meaning set forth in Section 15(a). ” shall have Advisory Committee“ , Section 3. Exhibit D” shall have the meaning set forth in Additional Operating Fee“ Exhibit E” shall mean, collectively, the agreements listed on Additional Agreements“ DEFINED TERMS EXHIBIT A Exhibit A - 1 581 available for use in a real time live environment.the earliest date, agreed by the Parties, upon which the Software is made ” shall mean Go Live Date“ successor.he Federal Transit Administration or its ” shall mean t FTA” or “Federal Transit Administration“ ” shall have the meaning set forth in Section 17(b)(i)(C).Fare Model Transition Costs“ .Measurepreservation of property, that is not included in or exceeds the standards of the Performance safety or additional or improved service not related to public mean ” shall Enhanced Service“ ” shall have the meaning set forth in the preamble of this Agreement.Effective Date“ .Exhibit H” on East Shuttle Lot” shall mean the location labelled “Shuttle LotEast “ ” shall have the meaning set forth in Section 16.“ ” shall have the meaning set forth in Section 16(b).Dispute Resolution Notice“ ” shall have the meaning set forth in Section 16(a).Dispute“ e of, or as a result of, performing the Services.in the coursanalysis, reports, ideas, concepts, products, results, samples, illustrations, graphics, or data produced ” shall mean any means any and all materials or information including documents, Deliverable“ .threat to public safety or propertyediate mean additional or improved service related to an articulable imm” shall Critical Service“ by Mayo Employees in a specified period, as tracked by the Software.” shall mean the number of individual rides on the Transit Services taken Counted Mayo Ridership“ implementation and ongoing operation of the Plan.capital costs, operational costs, and all direct and indirect expenses related to mean ” shall Costs“ substitute index thereto, as appropriately adjusted and reasonably designated by Mayo.successor or 84=100), or any -WI), Metropolitan Areas, All Items (1982-Bloomington, MN-St. Paul-published by the Bureau of Labor Statistics of the United States Department of Labor (Minneapolis” shall mean the Consumer Price Index for All Urban Consumers CPI” or “IndexConsumer Price “ ” shall have the meaning set forth in Section 42.Constant Dollars“ ” shall have the meaning set forth in Section 23.Conflicted City Employee“ ” shall have the meaning set forth in Section 19(b).Confidential Information“ s, and surveys.of plans and specificationexcluding engineering, architectural, legal, fiscal and economic investigations, studies, and completion ” shall mean initiation of the physical effort to construct the project, Commencement of Construction“ 2 -Exhibit A 582 each Transit Stop. ” shall mean 8 to 12 minutes between Rapid Transit Vehicles arriving at Peak Hour Intervals-Off“ ” shall have the meaning set forth in Section 14(d)(i).ublic Mayo DataNot P“ ” shall mean Minn. Stat. Chapter 13.MGDPA” or “Minnesota Government Data Practices Act“ ” shall have the meaning set forth in Section 13.Mayo Indemnified Party“ s, allied health staff, and contractors who regularly work in Mayo Clinic facilities.volunteerphysicians, scientists, research temporary professionals, residents, fellows, students, emeritus staff, individual issued a Mayo personnel badge including Mayo staff any” means Mayo Employee“ .Exhibit I” shall mean the document attached here as Mayo Code of Conduct“ ” shall have the meaning set forth in Section 5(b).Major Subcontractor“ .Exhibit G” means the route depicted on LINK Route“ the meaning set forth in the recitals to this Agreement.” shall have LINK“ other entity.or any a Subcontractor, the City, whether identified by the Software security issues) associated with any and all security issues (or potential shall mean ”KVE,” or “Known Vulnerability or Exploit“ forth in Section 10(c).” shall have the meaning set Owned Deliverable-Jointly“ which operates between and among Mayo’s various operating locations. ” shall mean a private shuttle operated by Mayo for its employees Campus Employee Shuttle-Inter“ .s for social media accountsdisplay names, handles and other identifierand uniform resource locators; and, social media accounts and account names, user names, nicknames, domain names source code and object code; compositions of matter; procedures; experimental results; including ,works, such as reports, databases, and documentation; trade secrets; computer softwarehow, whether or not patentable; copyrightable -innovations, works of authorship, trademarks, and knowmean any inventions, ideas, discoveries, developments, improvements, ” shall tellectual Property“ ” shall have the meaning set forth in Section 4.Initial Term“ property owned by Mayo or on the LINK Route.the LINK and any and all other improvements made by the City to service the LINK on any real ents associated therewith) used in connection with pedestrian walkways, tunnels and other improvem” shall mean all of the transit lanes on City streets and transit stations (and platforms, Infrastructure“ Infrastructure that raises a health or safety concern.Transit Vehicle or on, at, or within the LINK ” shall mean an event occurring on a Rapid Incident“ 3 -Exhibit A 583 .JExhibit ” shall mean the document attached hereto as Agency Safety PlanRochester Public Transit “ ” shall mean a request for proposals from Major Subcontractors.RFP“ ” shall mean the year in which the Revenue Service Start Date occurs.Revenue Service Start Year“ ” shall have the meaning set forth in Section 2.rt DateRevenue Service Sta“ ” shall mean a year in which there is a Reset.Reset Year“ Start Date and the January 1 that occurs every three (3) years thereafter.” shall mean the January 1 that occurs three (3) full calendar years after the Revenue Service Reset“ ” shall have the meaning set forth in Section 15(b).Representatives Meetings“ , Section 2.1-Exhibit B regarding Performance Measures, as more particularly described in ” shall mean the monthly, quarterly, and annual reports to Mayo from the City ServicesReporting “ ” shall have the meaning set forth in Section 2.Renewal Term“ Village.from the West Transit Village to the East Shuttle Lot, or from the East Shuttle Lot to the West Transit way trip of a Rapid Transit Vehicle along the LINK Route -e” means a on Rapid Transit Vehicle Trip“ mileage, and condition rating as described in the Rochester Public Transit Asset Management Plan.a report providing the Rapid Transit Vehicle age, ” shall mean Report UsefulRapid Transit Vehicle “ rth in Section 8.” shall have the meaning set fo Rapid Transit Vehicle“ ” shall have the meaning set forth in Section 14(d)(i).Public Data“ , Section 3.Exhibit E” shall have the meaning set forth in Termination Agreements-Post“ implementing the Plan.s responsibility for in order for the City to implement the Plan, or in the event that Mayo assumeSolution. The Plan shall identify all areas of the Agreement that need to be suspended Viable the the written memorialization, signed by both Parties, of the process to implement mean ” shall Plan“ .Exhibit C” shall have the meaning set forth in Performance Measures“ through Friday 6 to 9 a.m. and 3 to 6 p.m.” shall mean Monday Peak Hours“ .Transit Stop” shall mean 4 to 6 minutes between Rapid Transit Vehicle arriving at each Peak Hour Intervals“ and from 8:00 a.m. to 12:00 am on Saturdays, Sundays, and legal holidays.o 3 p.m. and 6 p.m. to 11 p.m. ” shall mean weekdays between 5 and 6 a.m., 9 a.m. t Peak Hours-Off“ 4 -Exhibit A 584 . for Critical Services, Urgent Services or Enhanced Servicesan articulable problem or new request giving rise to a request mean ” shall Triggering Concern“ up or drop off users of the Transit Services.Transit Vehicles stop to pick ” shall mean locations along the LINK Route where Rapid Transit Stop“ , Section 1.2-Exhibit B” shall mean the Transit Services described in Transit Services“ period of time.” means the total number of rides taken on the LINK by all riders in a specified pTotal Ridershi“ ” shall mean have the meaning set forth in Section 2.Term“ ” shall have the meaning set forth in Section 9(a).Taxes“ , Section 5(b). Exhibit D as calculated pursuant to , Section 4, or (b) Exhibit D Mayo Ridership is (a) as agreed upon in in a specified period. The Target ” shall mean the anticipated Counted Mayo Ridership on the Transit Services Target Mayo Ridership“ Peak Hours.-minutes during Non” shall mean between 4 and 6 minutes during Peak Hours and between 8 and 12 Target Intervals“ ” shall have the meaning set forth in Section 16(c).Subject Dispute“ ” shall have the meaning set forth in Section 5(a).Subcontractor“ ” shall mean the State of Minnesota.State“ ” shall have the meaning set forth in Section 18.Stark Law“ .as applicable, to the Triggering Concernterm solution, -term solution, and/or a long-olution, a mediumsterm -a short mean ” shall Solution“ ” shall have the meaning set forth in Section 14(b).Software Subcontractor“ meaning set forth in Section 14(a)(i).” shall have the Software“ ” shall have the meaning set forth in the recitals to this Agreement.Small Starts Grant“ term Solution under Section 15(b)(i) of the Agreement.-a Viable Solution in effect until the Parties enter into a long” shall mean tionterm Solu-Short“ .1-Exhibit B” shall have the meaning set forth in Services“ .Exhibit K” shall mean the document attached hereto as Rochester Public Transit Asset Management Plan“ 5 -Exhibit A 585” shall mean the first full calendar year after the Revenue Service Start Year.Year 1“ Exhibit H” shall mean the location labelled “West Transit Village” on West Transit Village“ ” shall have the meaning set forth in Section 14(d)(ii).Vendor Technology Agreement“ maximum service.nual ” means the number of spare vehicles divided by the vehicles required for an Vehicle Spare Ratio“ Parties that the City and Mayo agree can be implemented to address the Triggering Concern.by both and approved a Solution to a Triggering Concern developed mean ” shall Viable Solution“ ” shall have the meaning set forth in Section 17(b)(iv)(A).Use Right“ and cure provisions under the Agreement.Measures which Mayo wishes to have remedied more quickly than is required under the notice improved service that is included in the standards of the Performanc mean ” shall Urgent Service“ Services without regard to proceeds received by the City to offset such costs.” shall mean the actual cost of each ride taken on the Transit er Passenger TripUnsubsidized Cost p“ 6 -Exhibit A 586 Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Number of Total Rides (1)Annual percent change (relative to such quarter) of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) updated within forty-five (45) days) with respect to the previous Calendar Quarter: and shall be be in preliminary formmay Term, the following information (which . On or before each January 15, April 15, July 15, October 15 during the Quarterly (b) Summary of Comments (B)Summary of Complaints (A)- Rider feedback Customer Experience (ii) Vehicle TripsNumber of completed Rapid Transit (2)Intervals, and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (D)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) month: information (which will be in preliminary form) with respect to the previous calendar of each month during the Term, the following th. On or before the 15Monthly (a) below: and professionalism, and providing the following reports to Mayo on the frequency noted maintenance, customer feedback and complaints, training related to driver safety, decorum, Services in this Agreement, including, but not limited to: ridership, costs, Incidents, Reporting Services. Maintaining and keeping accurate records associated with providing the and the Performance Measures. Exhibit J,attached hereto as Transit Asset Management Plan, , the Rochester Public Exhibit I Safety Plan attached hereto as (including technology and infrastructure) that satisfies the Rochester Public Transit Agency ”) in a manner Transit Stop Lot in downtown Rochester (each of the foregoing locations, a “st Shuttle between West Transit Village and Ea Exhibit B Rapid Transit Vehicles as outlined in with Exhibit F,the City shall provide rapid transit service on the LINK Route, as depicted in Transit Services. In compliance with any applicable safety laws, ordinances, and regulations, ” means Transit Services and Reporting Services, collectively, as follows: Services“ SERVICES EXHIBIT B-1 Exhibit B-1 - 1 587 including changes from previous year decorum, and professionalism, Summary of training related to safety, (B)Summary of Comments (3)Summary of Complaints (2)scope) Rider survey results (survey needs to be market reasonable in (1) Rider feedback (A) Customer Experience (iv)Unsubsidized Cost per Passenger Trip (A)Financial (iii)-service breakdown per inMiles (C)Useful Report Rapid Transit Vehicle (B)Vehicle Spare Ratio for Rapid Transit Vehicles (A)Inventory (ii)Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Total Ridership (1)Annual percent change of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) evious calendar year:respect to the pr. On or before each April 15 during the Term, the following information with Annually (c) Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop. Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Exhibit B-1 - 2 588 Implementation of the Plan2. which must be signed by both Parties. As soon as practicable, the Parties will develop and memorialize the Plan, (3) identified Viable Solutions to address the Triggering Concern. Solution from the its chosen Viableayo shall select, at its sole discretion, (2) available for the implementation of Solution options. work diligently and expeditiously to identify resources The Parties will (1) Solution shall not be a reason that a Solution cannot be implemented. implement a resources) shall not be a Viable Solution, and (B) the Cost to Mayo to possible to implement (despite the City’s diligent and expeditious efforts to identify the Triggering Concern. The Parties acknowledge that (A) any Solution that is not Parties will develop proposed Viable Solutions to Following such discussion, the (d) option. Solution option; and (D) the timing of implementation of each Solution financial, operational, public safety, and any other identified barriers to each Solutions, as applicable; (B) the Cost of each Solution option; (C) legal, term -term and long-term, medium-The Parties will consider: (A) short (2) Solution options. proposed Solution(s) and will collaborate with Mayo to identify additional Mayo will propose one or more Solutions. The City will evaluate the (1) At such meeting: (c) or Enhanced Service) is needed to address the Triggering Concern. which category of additional operational services (Critical Service, Urgent Service Prior to the meeting, Mayo will identify to the City the Triggering Concern and (b) the Triggering Concern. Triggering Concern is related to Urgent Services or Enhanced Services to discuss 24 hours (or at such time as may otherwise be agreed to by the Parties) if the request if the Triggering Concern is related to a Critical Service and within Mayo’s level personnel from the City and Mayo will meet within 8 hours of Executive- (a) following process to implement a Critical Service, Urgent Service, or Enhanced Service: . If Mayo has a Triggering Concern, Mayo may, at its sole discretion, initiate the Process1. CRITICAL, URGENT OR ENHANCED OPERATIONAL SERVICES EXHIBIT B-2 Exhibit B-2 - 1 589 such time that Mayo is implementing its chosen Solution.prohibit or restrict Mayo from implementing the Solution shall be suspended during All provisions in the Agreement that are identified in the Plan that would otherwis (b) Solution. necessary, and within the City’s authority, for Mayo to implement its chosen The City shall cooperate with and grant Mayo such rights that are reasonably (a) by the City, which approval shall not be unreasonably withheld, delayed or conditioned. memorialized in a new Plan which shall be approved to discussion between the Parties and t an alternate Solution similar to the Plan. Any alternate Solution shall be subject implemenindemnification provision of the Agreement, to take over implementation of the Plan or dates established in the Plan, then Mayo may elect, at its sole discretion, subject to the without reasonable basis, does not initiate or complete implementation of the Plan by the . In addition to all other rights and remedies under the Agreement, if the City, Remedy4. allocation during Representative Meetings. term Solutions and discuss any potential Cost -and longMayo will develop mediumion and the City and term Solut-and longthe medium selectnot have sole discretion to any default may not be the same as the Plan. In the case of an Urgent Service, Mayo shall to cure any default under this Agreement. The Parties acknowledge that the City’s cure for bligated and such Solution paid for by Mayo shall not extend the time in which the City is oThe City shall not be relieved or excused from its cure obligations under this Agreement term Solution and the expiration of the City’s cure period under this Agreement. -Shothe term Solution until the earlier of the City’s cure of the Triggering Concern giving rise to Short-or Enhanced Services. In the case of an Urgent Service, Mayo shall pay 100% of the . Mayo shall pay 100% of the costs of the Plan related to Critical Cost of Implementation3. cure of the Triggering Concern. term Solution for an Urgent Service shall be replaced upon the City’s Short-The (d) any material deviations from the Plan as such deviations arise.implementation of the Plan. The City shall also provide prompt notice to Mayo of The City shall provide regular updates to Mayo regarding the status of its (c) soon as reasonably possible. term Solutions as -and longreasonably possible. The City shall initiate mediumterm Solution within 24 hours, or as soon as Short-The City shall initiate any (b) with the timelines and requirements as set forth in the Plan.The City shall use its best efforts to cause the Plan to be implemented in accordance (a)Exhibit B-2 - 2 590 greater).20% (or, if different, the Federal Transit Administration requirement, whichever is The City shall maintain a Vehicle Spare Ratio of Rapid Transit Vehicles of at least (a) to reflect the Parties’ agreement based on the information available as of the Effective Date. and Federal regulations and guidelines are in the development process. This Section is intended powered rapid transit vehicles are an emerging technology and, therefore, State -Date, electricThe Parties acknowledge that, as of the Effective Rapid Transit Vehicle Fleet Condition. Vehicle Trips on an annual basis. it Vehicle Trips on a monthly and quarterly basis and 97% of such Rapid Transother factors. The City shall complete at least 95% of scheduled Rapid Transit trip time or the LINK Route due to construction detour, mechanical issues, or Transit Vehicle Trips that are not completed or that deviate from the scheduled The City shall use its best efforts to minimize the number of scheduled Rapid (ii) time. address any changes to the LINK Route requested by either Party from time to e City and Mayo shall collaboratively After the Revenue Service Start Date, th (i) Route Operations. (b) 7 business days – injuries, crimes. 5 business days – driver complaints (rude, unsafe, unhelpful), safety, etc. 3 business days – ride experience, disruptive passenger, cleanliness cified below:speout within the applicable time period -97% of Rider Complaints shall be Closed (iv) Peak Hours.minutes during Off-originated for no longer than (A) 6 minutes during Peak Hours or (B) 12 waited for a Rapid Transit Vehicle to arrive at the Transit Stop where the ride At least 90% of the rides comprising the annual Counted Mayo Ridership (iii) -Peak Hours; OffHours and at least 6 Rapid Transit Vehicles per hour at each Transit Stop during At least 12 Rapid Transit Vehicles per hour at each Transit Stop during Peak (ii) LINK Transit Services seven (7) days a week; (i) The City shall operate: Experience.Passenger (a) Ridership Experience. ” means the following:Performance Measures“ PERFORMANCE MEASURES EXHIBIT C Exhibit C - 1 591) any change to how the the type or volume of data collected by the Software, () any change to i(60) days in advance of (Provides written notice to Mayo at least sixty (i) information to be consumed or stored by the City or the Software.Will not require Mayo confidential business information or personal identifying (h) nes through an app or on a computer through a web interface.riders’ personal smartphoIncludes capability for individual riders to track individual Rapid Transit Vehicles on (g) time basis.-Allows the Parties to measure and track wait times for passengers, including, on a real (f) Vehicle as it departs each Transit Stop.Transit Includes the ability to count and track the total number of passengers on each Rapid (e) stop.automated passenger counter (APC) which tracks riders boarding and leaving at each to track the total number of rides taken by all riders using an Include the ability (d) Include the ability to track the Counted Mayo Ridership. (c) Vehicles, ridership and other information reasonably identified by Mayo. time location of the Rapid Transit -provide the following information: the realat all times that will Include an electronic “dashboard” that will be accessible to Mayo (b) Vehicle, and other data reasonably identified by Mayo. service Rapid Transit -time location of each in-Include the ability to provide real (a) following requirements:cure technology with the potential Software Subcontractors. The Parties will cooperate to proMayo will assist in developing the criteria for Software and the evaluation of Software. and State guidelines for electric vehicle buses, whichever is more).deral Transit Administration shall be more than 73,200 miles (or, if different than the Fewere pulled from service due to mechanical, electrical, and/or battery related issues Transit Vehicle) of the number of miles since the last time such Rapid Transit Vehicles e average (per Rapid electrical, and/or battery related issues in a 12 month period, thWith respect to the Rapid Transit Vehicles pulled from service due to mechanical, (d) ratings and minimum requirements for compliance with governmental requirements.such mileage and condition with governmental requirements. Reporting shall include The mileage and condition ratings of all Rapid Transit Vehicles shall be in compliance (c) Rapid Transit Vehicles.vehicle buses, whichever is longer) unless the City is actively pursuing replacement ic different than the Federal Transit Administration and State guidelines for electr90% or more of the Rapid Transit Vehicles in use shall be less than 12 years old (or, if (b) 2 -Exhibit C 592 these Performance Measures can be adjusted by written agreement of the Parties. Performance Measures, but may take up to three (3) months to fully establish compliance. In addition, se best efforts to reach these recognition of these factors, the Parties agree that the City will uperformed. The Parties acknowledge, however, that changes will need to be made over time. In The Performance Measures reflect the best understanding of the Parties of how Services will be Technical support to Mayo for use of Software during normal business hours. (j) on which the Software is built.the underlying platform or technology stack up) any change to iiiSoftware connects with or integrates with any other system, and/or ( 3 -Exhibit C 593 shall pay an additional amount equal to 10% of that year’s Annual Operating Fee (the Ridership in such year was 10% or more over the Target Mayo Ridership for such year, Mayo ) full calendar year, the Counted Mayo rd f after the third (3I Additional Operating Fee: and Mayo shall have no remaining liability with respect to such amount. in a particular year, the remaining 10% of the Annual Operating Fee is waived If the Counted Mayo Ridership is less than 90% of the Target Mayo Ridership (iii) from Mayo’s next-due payment(s). dispute resolution, Mayo has overpaid, the amount overpaid will be deducted will be made based on City’s Annual Certification. In the event that, after such ts, and such payments mendispute resolution does not suspend the timing of payprocess established in Section 16. Mayo’s exercise of the right to pursue the Annual Certification, the Parties will proceed through the dispute resolution receipt of the Annual Certification, Mayo disagrees with any item set forth in If, upon Mayo’s review of the Annual Certification and within 45 days of Mayo shall have the right to review and approve such Annual Certifications. (ii) was 90% or more over the Target Mayo Ridership for that year. Whether the Counted Mayo Ridership in the full prior calendar year (C) with reasonable supporting documentation; and The Counted Mayo Ridership for the full prior calendar year together (B) year; statement of the Target Mayo Ridership for the prior full calendar (A) ”) that includes:CertificationAnnual a written statement signed by the City Administrator (the “No later than April 30 each year during the Term, the City shall provide Mayo (i) 10% of the Annual Operating Fee: (b) month. business day of each st Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City 90% of the Annual 90% of the Annual Operating Fee: (a) ) full calendar year after commencing Services: rd following the third (3 Beginning on January 1 of the year After the First Three Full Calendar Years of the Term. day of each month. business st 100% of the Annual Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City Revenue Services Start Date,) full calendar year after the rd third (3On and after the Revenue Services Start Date until and through December 31 of the Term. Commencement of Services through December 31 of the Third Full Calendar Year of the COMPENSATION EXHIBIT D Exhibit D - 1 594 Security costs. and related structures. Maintenance and repairs of platforms, elevators, stairs, equipment, related costs-Station (ii) Vehicle costs Operator contract Service Costs (i)Operating and Maintenance Costs: (a) state or federal funds. contributions from replacement costs for LINK outlined below, taking into consideration any the operating and maintenance costs and capital include may Annual Operating Fee , for purposes of negotiating the and capital replacement costs operating expensesActual Actual Operating Expenses and Capital Replacement Costs: 6. and third calendar years immediately prior to the Reset. average of the Counted Mayo Ridership counted by the Software during the second shall be the calendar years3) three (the following the Target Mayo Ridership for(b) increase of such sum by the lesser of 5% or CPI; and prior year’s Annual Operating Fee plus the Additional Operating Fee, if any, plus an calendar years shall equal the 3) the Annual Operating Fee for the following three ((a) before the next Reset: Exhibit D are not agreed upon by the Parties pursuant to the discussion referenced in Section 4 of this If the Annual Operating Fee and the Target Mayo Ridership for the following calendar year Default Reset Formula: Agreement. Ridership pursuant to this Section 4 shall be memorialized in a written supplement to this Reset. Any agreement of a modification of the Annual Operating Fee and Target Mayo year following the the first agreeable Annual Operating Fee and Target Mayo Ridership forand agreement of the Parties. The Parties will negotiate in good faith to arrive at a mutually City capital reserves, and proposed improvements to the Services, but are subject to negotiation related to the LINK that depleted replenish fund balance for investments and expenses directlyincreased operating expenses including expenses to CPI, numbers, Counted Mayo Ridership,), actual ridership , below Exhibit D Section 6 of this the categories and process outlined in (based on and capital replacement costscircumstances will include actual operating expenses subsequent calendar year’s Annual Operating Fee and Target Mayo Ridership. Such facts and ification of the ances warranting the modbegin meeting to discuss the facts and circumstmay be reset/renegotiated by the Parties. At least one year before each Reset, the Parties will calendar year thereafter, the Annual Operating Fee and the Target Mayo Ridership number rd third full calendar year and at the end of every rd 3At the end of the third ( Year Reset: -Three Annual Certification from the City. five (45) days after its receipt of such -”) to the City within forty Additional Operating Fee“Exhibit D - 2 595 lementseGuideway (iv) Technology (iii) lazaspStations and (ii) hargerscehicles and vTransit (i) :Capital Replacement Costs (b) Shelter/platform cleanup Snow and ice removal Landscape maintenance Power wash Software fees Maintenance and Support Contracted Costs (iv) other Link Services. Support costs: staffing required to support the Performance Measures and (iii) 3 -Exhibit D 596 provide transit services along the LINK Route; and all capital expenses to Mayo in the event that the City does not continue to Allocation of cost to maintain, repair, replace, and upgrade the Infrastructure (v) event that the City continues to operate transit services along the LINK Route; a formula for allocation of maintenance, repair, and replacement costs in the (iv)Infrastructure; City performance of maintenance, repair and replacement services for the (iii) operation transit services along the LINK Route; joint Shared Use and Operations Agreement to govern use of the Infrastructure for (ii)Use Rights term through the end of all Renewal Terms; (i)gives rise to a Use Right. Required terms to include, at a minimum: : follows a termination that Maintenance AgreementTermination Shared Use and -Post (a) ”):-Termination AgreementsPost(collectively, the “ confirmed in writing by the Parties. be mustagreements which of the following 3. Forms Construction (v)Bid (iv) Design (iii) what?)responsibility (e.g. who is building Project descriptions and allocation of (ii) Land use agreements/ROW/Easement (i) Terms to include for each of the above agreements: (e) East Shuttle Lot (d) West Transit Village (c)2nd Ave. (east bound/south side): Vertical Circulation (b) Tunnel, BAT laneSt. Mary’s: Pedestrian (a)-Specific Agreements: Site2. No use fee; Maintenance costs to be negotiated between the Parties. (d)Operation, maintenance. (c)(b) Shared use of the Infrastructure. (a) Shared use and operation during the Term of the Agreement. Operation Agreement. and Use1. Shared ADDITIONAL AGREEMENTS EXHIBIT E Exhibit E - 1 597 gal responsible for its decisions.and Mayo’s lemaking that recognizes Mayo’s level of contribution, -a method for decision (viii) making process and funding allocation for upgrades; and-a decision (vii) are providing Services;mula for allocation of other capital expenses in the event that both Parties a for (vi) 2 -Exhibit E 598 Property Damage $500,000 each occurrence (ii) $5,000,000 annual aggregate rrence (i) Bodily Injury $3,000,000 each occu (a) Comprehensive General Liability insurance: liability coverage outlined below. The insurance coverage shall be as follows: Foundation for Medical Education and Research\] added as an additional insured for all \[Mayo cancellation of coverage. \[CONTRACTOR\] and its subcontractors shall name \[CITY\] and request by \[CITY\], and shall notify \[CITY\] immediately in the event of any modification or ors shall provide documentation of such insurance coverage to \[CITY\], upon subcontractto \[CONTRACTOR\]’s activities pursuant to this \[CONTRACT\]. \[CONTRACTOR\] and/or its subcontractors, as approved by the \[CITY\], to maintain the following insurance with respect \[CONTRACTOR\] agrees to maintain at a minimum and to require any of its Insurance. this Section shall survive the termination of this \[CONTRACT\]. represented by counsel of their own choosing. The indemnification provisions contained in Indemnifying Party. The \[CITY\] and \[Mayo\] Indemnified Parties shall have the right to be this \[CONTRACT\] or the negligence or intentional acts or omissions of \[CONTRACTOR\] \[CONTRACTOR\] Indemnifying Party’s failure to perform in accordance with, or breach of, may incur or suffer by reason of or arising out of any third party claim attributable to liabilities, costs, and reasonable attorneys’ fees, the \[CITY\] and \[Mayo\] Indemnified Parties any and all losses, expenses, actions, claims, demands, suits, judgments, awards, damages, and contractors (collectively, the "\[CITY\] and \[Mayo\] Indemnified Parties"), from and against es and affiliates, together with its respective officers, directors, employees, agents its subsidiariIndemnifying Party") shall indemnify, hold harmless, and defend the \[CITY\] and \[Mayo\] and respective officers, directors, employees, agents and contractors (the "\[CONTRACTOR\] CONTRACTOR\] and its subsidiaries and affiliates, together with its \[Indemnification. \[CONTRACTOR\] by its assignee. not in any manner relieve the assignor from liability for the performance of this purported assignment in violation of this clause is void. Such written consent, if given, shall the \[CITY\] and \[MAYO\]. Any \[CONTRACTOR\] without the prior written consent of This \[CONTRACT\] may not be transferred, delegated, or assigned by the Assignment. party beneficiary of any warranties. Medical Education and Research (MAYO) as a third-rovision naming Mayo Foundation for A p Name Mayo as a Third Party Beneficiary. contractor or subcontractor agreement promptly after execution. redacted copy of each -City shall provide Mayo with an un Copies of Contractor Agreements. include sections substantially similar to the following: All City RFPs and agreements with Major Subcontractors to provide Services related to the LINK shall REQUIREMENTS FOR MAJOR SUBCONTRACTORS EXHIBIT F-1 Exhibit F-1 - 1 599 agents and any reason, the \[CONTRACTOR\] shall cease, and cause its approvedofficials, employees, subcontractors, or agents. Upon termination of this \[CONTRACT\] for disclosure of any of the Confidential Information to unauthorized persons by any of its utions against Confidential Information. \[CONTRACTOR\] shall take reasonable precathat such officials or employees, subcontractors, and agents protect the confidentiality of obligation of confidentiality no less restrictive than set forth in this \[CONTRACT\] to ensure an agreements with officials or employees, subcontractors, and agents who are bound bythis \[CONTRACT\] and under law including without limitation written instruction to and shall not divulge such information to any third parties, except as otherwise provided for under \[CONTRACTOR\] shall maintain the confidentiality of all such Confidential Information and required to be released under the Minnesota Government Data Practices Act, tion”). Provided that the Confidential Information is not public data or otherwise Informapolicies, and other business and financial information (collectively, “Confidential marketing techniques, contractual arrangements, employee information, price lists, pricing policies, procedures, operating manuals, utilization, and quality assurance programs, software, information belonging to \[MAYO\] and its affiliates, including but not limited to, trade secrets, course of performance under this \[CONTRACT\], it may have access to certain confidential \[CONTRACTOR\] acknowledges and agrees that in the Confidentiality of information. determined.\]cancellation \[to: \]. \[Mayo addressee to be \[CONTRACTOR\] must notify Mayo “immediately in the event of any modification or required herein shall not limit \[CONTRACTOR\]’s liability. of limitations. The minimum limits of any insurance coverage long as the appropriate statute based,” such coverage must include an extended reporting endorsement (tail coverage) for as -made” rather than “occurrence-If the insurance coverage described in this Section is “claims required above. Umbrella coverage: $1,000,000 excess and additional to the liability insurance (f) in connection with the Services. Major Subcontractors with access to any Mayo Not Public Data received by the City and any other limited to Software Contractorsshall be Exhibit F ts of this requiremen, that the provided, howeverloss, theft of data, degradation, and downtimebreaches, unauthorized access/use, identification theft, invasion of privacy, damage providing coverage for claims and losses with respect to network risks (such as data ,000,000 for each occurrence and in the aggregate, 2have limits of not less than $Comprehensive Network Risk/Cyber insurance: Coverage shall Cyber Insurance (e) liability shall be a minimum of $500,000 per accident. the work is performed. Employer’s required by the statutes of the state in whichWorkers Compensation insurance: Coverage shall be in the amount of statutory limits (d) (c) Automobile Liability insurance: Combined Single Limit of $5,000,000. insurance shall be available upon request. \[CONTRACT\], coverage shall be in amounts reasonable in the industry and proof oProfessional Liability insurance: If professional services are provided under this (b) Exhibit F-1 - 2 600 \[CONTRACT\].ection shall survive expiration or earlier termination of this Ss needed. This response iBusinessRelations@mayo.edu at least seven (7) business days prior to the date on which a Section must be submitted to the Mayo Clinic Business Relations Group at ent for the particular use contemplated. All requests for approval pursuant to this written consany advertising, publicity, endorsement, or promotion unless \[MAYO\] has provided prior shall not use the names or trademarks of \[MAYO\] or of any of \[MAYO\]’s affiliated entities in as specifically permitted in this \[CONTRACT\], the \[CONTRACTOR\] Except Use of Name. attached hereto 3-F and 2-Exhibits F Comply with the provisions of (g) shall have the right to review any audit logs kept for all transactions.\[CITY\] paragraphauthorized agent or designee to perform the audit set forth in this or its \[CITY\] to enable \[CITY\] cooperation as may be reasonably requested by shall provide all such assistance, accommodation, and \[CONTRACTOR\] create or operate the \[SOFTWARE\]aterial used to graphics or audio/visual mprocesses to prevent malicious or inappropriate access to source code, data, may, in its discretion, direct improvements of such security controls and \[CITY\] \[SOFTWARE\]and the \[MAYO\] and/or \[CITY\] data y are adequate to protect theto determine if \[CITY\] and/or \[MAYO\] systems processes and its access of any include, without limitation, a review of \[CONTRACTOR’S\] security controls and laws, rules, and regulations, whether in effect now or in the future. Such audit may ther similar state, local, provincial, and international privacy and security and o, and \[CONTRACTOR’S\] compliance with all applicable federal, \[CONTRACT\]audit \[CONTRACTOR’S\] performance under and compliance with this designees, at its option, the necessary access to \[CITY\] and its authorized agents or(30) calendar days after \[CITY’S\] written request, \[CONTRACTOR\] shall allow , within thirty \[CONTRACT\]Without limiting any other audit rights set forth in this (f) .ed in the audit report in a commercial reasonable timeframedeficiencies identifiProduce a copy of said audit report and make best efforts to remediate any control (e) Standardization 27001. and such audit will be performed in accordance with International Organization for processes at least once every calendar year Audit the security of software systems and (d) prevent unauthorized collection, access, disclosure and use of data.Employ administrative, physical, and technical safeguards reasonably designed to (c) sistent with applicable industry standards and best practices. conMENT\] in a manner that is Enhance and improve \[SOFTWARE AND EQU (b) matters monthly.Update \[SOFTWARE\] to address any security updates, bug fixes, or responsiveness (a) \[CONTRACTOR\] must Software and Equipment. \[CONTRACT\].ion or earlier termination of this ection shall survive expiratS\[CONTRACTOR\]. This this \[CONTRACT\], other than as a result of an unauthorized disclosure by the is public knowledge or that becomes a matter of public knowledge after the Effective Date of shall not apply to information which shall return to \[MAYO\] any copies thereof. This Sectionrequired to retain the information under Minnesota Statute § 15.17 or other legal requirement, subcontractors to cease, all use of any of the Confidential Information and, unless otherwise 3 --Exhibit F 601 firmware, or other executable code contained in any Company Designed Products, and any static code analysis tools designed to discover security vulnerabilities in the software, her represents and warrants that such testing processes and tools include COMPANY furt iii.control, as described by the NIST standards for secure software development. software updates, regression testing, software unit testing, and management of version in Company Designed Products, including software security, release management, use lifecycle (SDLC) for secure development of software, firmware, or other executable code code in all Company Designed Products. COMPANY will follow software development COMPANY will be responsible for the quality of the software, firmware, or executable ii.Designed Products. vulnerability of all Company -in the industry, designed to ensure the security and nonCOMPANY security practices contain testing processes and tools, adequate and customary System Development Lifecycle. and required password changes at least every 90 days. character password minimum -Level 2, plus 12HITRUST 01.d (version 9.1 or newer) ii. least every 90 days.character password minimum and required password changes at -63, plus 12-NIST 800 least one of the following password standards: at installation. COMPANY shall configure all such Company Designed Products to meet of the Company Designed Product shall be removed during Company Designed Product that are unique to CITY upon installation. All users with access not required for CITY’s use use of a password, all default passwords used by COMPANY shall be changed to passwords: For all Company Designed Products that permit user authentication through the Passwords implement and maintain the following for Company Designed Products:hat it shall COMPANY represents and warrants t Security Requirements for Products. ”). ProductsCompany Designed resold by the COMPANY and utilized by or for the benefit of CITY (“ This Schedule provides required security controls for Products designed, developed, or Scope: CITY referred to as “”), herein individually and collectively MAYO the benefit of Mayo Clinic and all of its Affiliates (“a Minnesota municipal corporation, on its own behalf and for City of Rochester, Minnesota and date below (“Schedule Effective Date”) by and between the entity signing below (“COMPANY”) is made effective as of the last signature Basic Products Security Schedule (“Schedule”)This Basic Products Security Schedule Information Security Agreement LINK Transit System -2 EXHIBIT F Exhibit F-2 - 1 602 facilities, and affiliates, and shall work with CITY to mitigate any adverse impact.of the KVE in order to determine the nature and impact of the KVE upon CITY, its stigation take all such actions as may be necessary to assist CITY and its delegates in an inve: In the case of a suspected or confirmed KVE, the COMPANY shall Assistance to CITY vi. eight (48) hours after identification.-KVE, with such action being taken within forty: COMPANY shall promptly act to mitigate, correct, and/or eliminate any suc Response the issues, and shall be provided to CITY.mitigated Threats shall be documented, including any potential consequences of -Any unch mitigations and corrections shall occur. the issue, along with the timeframe during whinotification shall include COMPANY’s intended plan to mitigate, correct, and eliminate four (24) hours of the issue identification. The -by COMPANY within twenty AYOMreported KVE shall be reported to CITY and : All such identified and/or Notification iv. other entity.“KVE”), whether identified by COMPANY, a customer of COMPANY, CITY, or any associated with any Company Designed Product (a “Known Vulnerability or Exploit,” or ity issues (or potential security issues) document, report, and track any and all secur: COMPANY shall implement and maintain a process to identify, Documentation iii. of the Company Designed Product.to jeopardize CITY’s information shall be remediated by COMPANY prior to CITY’s use ity in real time) software has the capability to detect the malware exploiting the vulnerabilmalware -there are publicly available exploit payloads, and if the system/systems’ antito the value of data stored on the devices, the CVSS score of the vulnerability, whether ates : Any vulnerability deemed severe enough (e.g., as it rel production Requirements-Pre ii. security testing shall be provided to CITY upon request.a vulnerability scan encompassing all ports and fuzz testing. The results of the above entation, and shall include current “SANS CWE Top 25” and / or “OWASP Top 10” documand that all security testing performed by COMPANY covers all issues noted in the then Products, Company Designed that it performs security testing and validation for all of its epresents and warrants such vulnerability assessment, at no cost to CITY. COMPANY ror, in CITY’s discretion, CITY personnel (or a tester selected solely by CITY) may perform by a tester of CITY’s choosing (or a tester selected by COMPANY and approved by CITY), s and comparison, testing, which includes, but is not limited to, binary inspection, analysitesting, and prior to the release of a new version. Reverse engineering of critical binaries Products (purchased or to be purchased by CITY), including scanning, annual penetration Company Designed : COMPANY shall perform a vulnerability assessment for all General .Testing, Scanning, and Vulnerability Management the warning shall not affect the security of the products.implementatio n or the Company Designed Products, or provide a written attestation that warnings or violations produced by such tools prior to the delivery, installation, or es, update, upgrade, or release thereof. COMPANY warrants that it shall remedy any patch 2 --Exhibit F 603 dy.the U.S. Federal Transit Administration (FTA) and any other applicable regulatory bosecurity guidelines and similar requirements and standards promulgated by -with all cyberWith respect to all of its Company Designed Products, COMPANY meets and complies functionality, even when the Company Designed Product’s security has been compromisedsafe features that protect the Company Designed Product’s critical -implement fail: COMPANY shall, for all Company Designed Products, Functionality and Compliance reunder.obligations heassociated with the Company Designed Product, or negate or reduce COMPANY’s to address or mitigate a KVE, such action shall not serve to negate or amend the warranty vent that CITY (or COMPANY) modifies or alters any Company Designed Product In the e Product warranties or any of COMPANY’s obligations hereunder. Company Designed and that no such action shall impact, limit, reduce or negate any that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any Threat, ons : COMPANY expressly agrees that CITY may take any and all acti Mitigation by CITY vii. 3 --Exhibit F 604 nthly OIS VMP scanning, COMPANY will be responsible for providing a monthly for movulnerabilities are found and able to be addressed. If COMPANY cannot provide access ”), which will scan with privileged accounts once a month to ensure new VMPOIS the Office of Information Security’s Vulnerability Management Program (the “COMPANY will agree to have their Products, including servers/workstations, added into Vulnerability Management of such Product’s functionality. updates. The inclusion of such feature shall not result in or cause in any way a depreciation signature and/or parameter virus scanner that receives regular-to and run a commercial antioperating systems supplied to CITY shall have whitelisting capabilities or be configured All Company Designed Products and associated workstations and servers and devices with ii. ’s environment.into the CITYconduct the antivirus scan; COMPANY shall allow CITY to conduct the test prior to access directories and/or files excluded from the antivirus scan. If COMPANY is not able to virus scanner, along with identifying any -provide a report of the findings from the antiverify that the software does not contain any known viruses or malware. COMPANY shall Company Designed Product, prior to such product being delivered to CITY or installed, to date signatures, and/or parameters, shall be performed on all software embedded within a --virus scanner, with up-For all Company Designed Products, a security scan by an anti Virus Scanning Requirements-Anti Products used in CITY’s on-premises environment:implement and maintain the following for Company Designed warrants that it shall COMPANY represents and Premises Products. -Security Requirements for On possession by MAYO staff. operated cloud environment, and/or (c) in the direct -premises environment, (b) within a MAYO-tilized (a) within CITY’s on”) and u Company Designed Products resold by the COMPANY (“ This Schedule provides required security controls for Products designed, developed, or Scope: ”). CITY individually and collectively referred to as “”), are herein MAYO and all of its Affiliates (“ behalf and for the benefit of Mayo Clinic”) and City of Rochester, Minnesota, a Minnesota municipal corporation, on its own COMPANY signature date below (“Schedule Effective Date”) by and between the entity signing below is made effective as of the last Premises Products Security Schedule (“Schedule”)-This On Premises Product Schedule- Information Security Agreement LINK Transit System -3 EXHIBIT F Exhibit F-3 - 1 605 operating systems and embedded software, or any component thereof contain any hardware hardware or software products, including the Company Designed Products, and any ned below, and (ii) no Software furnished to CITY will contain any orphaned code, as defiCOMPANY represents and warrants that (i) no Open Source Source Software.-Open ii. release.systems, and vendor supplied network components within twenty (20) days of the date of ware, operating virus and other security soft-Products, commercial applications, antiCompany Designed COMPANY shall provide all validated updates and patches for all and updates to any such software and firmware are restricted to authenticated code. ct software, firmware ProduCompany Designed COMPANY shall ensure that all Updates. Software Requirements and Support processes to have administrative privileges to function.Product requires any application, commercial software, service, or communication t no Company Designed Designed Products that require administrative privileges and tha. COMPANY agrees to limit the number of accounts on Company System Privileges iv. Designed Product shall be removed during Company Designed Product installation.ired for CITY’s use of the Company . All users with access not requ User Accounts iii. Products.and doing so will not limit the functionality or performance of the Company Designed CITY may prevent access to the internet with regard to any such features or functionality, ANY or any third party. periodically transmit usage, statistical or other data to COMPhome”, metering, or other features designed to -Products will contain any “phone. Unless specifically authorized by CITY in writing, no Company Designed Telemetry ii. rives remaining are documented.installation and that all hardware ports and dProduct (to the extent feasible) or Company Designed Product shall be disabled at time of installation, and that all hardware ports and drives not required for use or operation of the rvices and data following Company Designed Product as well as files, scripts, messaging sethe removal of all software and installation media not specifically required for the operating system provided in any Company Designed Product, including but not limited to Y shall harden any that all ports and services remaining are documented. COMPANservices not required for Product use shall be removed prior to or during installation and requiring installation, COMPANY represents and warrants that all TCP and UDP ports and Designed Products . For all Products (to the extent feasible) and Company Installation Hardening users, shares, operating system patches, and server/workstation configuration.cient privileges (e.g. authenticated scans) to enumerate software versions, databases, suffiwith designee In addition, vulnerability scanning shall be done by CITY and/or its ii. expense.report that includes comprehensive vulnerability scan results to CITY at COMPANY’s 2 --Exhibit F 606 assessment results to CITY, at COMPANY’s expense.nt report that includes comprehensive manual security COMPANY can provide an independeSecurity Agreement. In lieu of manual security assessment(s) by CITY security personnel, up testing requested by COMPANY at a later time, falls outside of the scope of this -followtial and reported only to the COMPANY. Any of the assessment will be kept strictly confidenand providing technical documentation for CITY to review. All information gathered as part device to a CITY site, discussing with CITY the underlying code base(s) used by the device, ipping/installing a test varying levels of technical support, including but not limited to; shperformance of manual security assessments by CITY will require COMPANY to provide hardware, software, protocols, and attack surface of the device(s) being purchased. Such risks across personnel to perform manual security assessment(s), to identify potential securitycriticality to safety, and operations, and other risk factors may prompt CITY security . IoT Devices, depending on volume purchased, Support for Manual Device Assessments II. ed.standard SBOM when establish(COMPANY, MAYO, third party). This requirement will be replaced with an industry software version, software service pack or update, patching frequency, patching owner vendor name and product name based on NIST CPE Dictionary, SBOM will include:”) for Products purchased after the signing of this Security Agreement. The SBOM COMPANY will provide a Software Bill of Materials Software Bill of Materials. iii. www.opensource.org/licenses.g, but not limited to, those licenses listed at Public License, or any similar license, includinLicense, GNU Library General Public License, Artistic License, BSD license, Mozilla programming, or other intellectual property that is subject to the GNU General Public Source Software” means any software, for longer than one (1) month. “Opensoftware, or (d) the maintainer fails to response to questions or requests for security fixes distribution web site for the relevant software does not list an individual who maintains the the code, or (c) the official individual responsible for supporting and maintainingthat (a) has had more than one (1) year since its last release, (b) does not have an identified manufacturer or licensor). For purposes of this Section, “orphaned code” means software nd updated by the life (i.e., to no longer be supported a--or software that is end 3 --Exhibit F 607 Avenue SE. nd Avenue SE and 2 st extended 1Street SE between what will be an th: A single platform on an extended 6 Street SE th 6 Street SE immediately west of Civic Center Drive SE. nd e of 2: South sid Civic Center of the Hilton Building. , in front Avenue SW) nd Street SW west of Discovery Walk (2 nd: South side of 2 Avenue nd 2 Avenue SW intersection. th Street SW and 6 nd: Southeast corner of the 2 Avenue th 6 Avenue SW. th Street SW closer to 13 nd: South side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 19 nd: Southeast corner of the 2 Avenue th west lot property at ground level. Single platform located in the northeast portion of the Mayo-owned West Transit Village East Bound west lot property at ground level. : Single platform located in the northeast portion of the Mayo-owned West Transit Village Avenue SW intersection. th Street SW and 19 nd: Northwest corner of the 2 19th Avenue Avenue SW. th Street SW, closer to 13 nd: North side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 6 nd: Northwest corner of the 2 6th Avenue Building. Street SW west of Annenberg Plaza, in front of the Mayo nd: North side of 2 2nd Avenue ter Drive SE. Street SE immediately west of Civic Cen nd: On the north side of 2 Civic Center Avenue SE. nd Avenue SE and 2 st extended 1Street SE between what will be an th: A single platform on an extended 6 6th Street SE West Bound Transit Stops, located in the following locations: will have seven The LINK LINK ROUTE DEPICTION EXHIBIT G Exhibit G - 1 608 \]document follows this cover sheet\[ EXHIBIT G (CONTINUED) 2 -Exhibit G 609 610 \[document follows this cover sheet\] INFORMATION TECHNOLOGY USAGE AGREEMENT CITY VENDOR/CONTRACTOR EXHIBIT H Vendor/Contractor Information Technology Usage Agreement 611 n agent of the City.Subcontractors will not be allowed unless approved in advance by a. All work shall be performed by the contractor submitting the proposalany information technology used by vendor personnel. t access. City reserves the right to review, audit, or monitor privacy in any electronic communications, use of City property, or Interneation of mail and voice message systems, facsimile devices, or other electronic systems used by City. Vendor personnel have no expectter, data, network, Internet access, electronic accessing any City computer system. “Information technology”(IT) includes any compu t before Utilities) information technology in the course of their work for City (“vendor personnel”) are required to sign this documen, Rochester Library, Rochester Public City of RochesterAll employees and agents of vendors and contractors who will access City (be complied with by all vendor personnel. has been read and its’ conditions will ”ublic DataonpAccess to N“Responsibilities of Persons Who Have Attachment 1purposes. public data for personal personnel will not attempt to access not(paper, computer, voice mail, microfiche, imaged). Vendor client information regardless of physical form or storage media Vendor personnel may not disclose of any private or confidential 31. vendor consider demotion, suspension and termination.ty requesting the iCDisciplinary action may include liability. project as well as being subject to Minnesota civil and criminal ty it to disciplinary action, including total removal from the Csubjecreferenced policies. Any -acknowledge acceptance of the abovety information technology will ivendor personnel of any C Use by 30. copyright laws.ty to break ionnel are prohibited from causing CVendor pers 29. or pictures.or receive threatening, obscene, abusive, sexually explicit language ty information technology to send iVendor personnel may not use C 28. relationship.ty/Vendor Personnel ity upon termination of the Cicondition to Cbe returned in good All equipment issued to vendor personnel will 27. are not authorized.ty facility for which they icodes/passkeys to secured rooms at any CVendor personnel shall not attempt to obtain or distribute door pass 26. system or user passwords.ty iobtain or distribute C Vendor personnel shall not attempt to 25. ty.isoftware without the written approval of the CVendor personnel may not remove or delete any computer 24. disposal.All data storage media shall be erased or destroyed prior to 23. configurations, etc.addresses, security Information includes but is not limited to: IPinformation to complete tasks and who have signed this agreement. to anyone. Exception: other vendor personnel needing the ty computer information iVendor personnel may not give out any C 22. ty.iwriting by the Csniffers, unless authorized in network traffic by any means, including the use of network Vendor personnel are prohibited from intercepting or monitoring 21. personnel. Sty Iiyour work, contact CDownloading of files from the Internet. If files are needed for e. Any illegal activity. d. related work activity; or-Non c. Internet surfing not required for their work activity; b. Game playing; a. networks for any of the following reasons:ty computer systems or iVendor personnel may not utilize C 20. ty.iwritten approval from the CBuilding without prior ty iC ay data and/or software shall not be removed from itC 19. ty resource for personal use. iCVendor personnel may not copy any data and/or software from any 18. ty.ity device without written approval from the Ciany Cor phone cables to Vendor personnel shall not attach any network 17. hardware. Cityprogram, installed on virus or other software -authorized encryption device, or antiVendor personnel shall not delete, disable, or bypass any 16. ty.ifrom the Creason, without prior written approval building for any City aVendor personnel may not remove any computer hardware from 15. ty.iCthe without written approval from ty network CiVendor personnel shall not attach any device to the 14. ty. iapproved in writing by the Chardware, which has not been Citydevice or software on any Vendor personnel shall not install or use any type of encryption 13. y.itto the Cto be a security loophole or weakness in the computer network Vendor personnel shall promptly report anything that they deem 12. breach of security.ential have any reason to suspect a breach of security or potif they IS Staff ityVendor personnel shall promptly notify the C 11. .City IS Staffother computer errors to on problems or any -Vendor personnel shall promptly report log 10. their specific contract work.n to Vendor personnel shall execute only applications that pertai 9. ty.iCthe have been approved in writing by ty computer. The software must iall software loaded onto any CVendor personnel shall maintain a log, left with the computer, of 8. ry short time periods.leaving for veelect to lock the workstation rather than logging off when the network while away from their area. Vendor personnel may 7. may be used by multiple people.system or service accounts on to a computer. Authorized-to logaccount, nor are they permitted to utilize someone else's account on to any computer utilizing their, if provided, personal -logVendor personnel are not permitted to allow another person to 6. on access.-passwords for log Vendor personnel are not permitted to script their user IDs and 5. recorded in an unsecured manner.Passwords shall never be displayed, printed, or otherwise d. your full name.Passwords may not contain your user name or any part of c. at least six characters long.Passwords shall be b. Passwords shall remain confidential. a. the following.on information. Passwords shall adhere to -their account and log 4. they are specifically authorized.hose resources for which Vendor personnel may access only t 3. Staff. Information Services/Information Support (IS)City All vendor personnel shall use only accounts authorized by 2. .any information technology used by vendor personnelreserves the right to review, audit, or monitor ityC Theaccess. ty property, or Internet ielectronic communications, use of CVendor personnel have no expectation of privacy in any 1. Attachment 1 612 Term of this agreement inted Vendor personnel’s name, pr ’s name, printed Company Vendor Date Vendor pe brought under this chapter.med to have waived any immunity to a cause of action liable to exemplary damages of not less than $100, nor more than $10,000 for each violation. The state is deeall, in addition, be reasonable attorney fees. In the case of a willful violation, the political subdivision, statewide system or state agency shsustained, plus costs and tem or state agency to cover any damages or confidential data on decedents may bring an action against the political subdivision, responsible authority, statewide sysed or a representative in the case of private data on decedents or representative of a decedent who suffers any damage as a result of the violation, and the person damagr is liable to a person A political subdivision, responsible authority, statewide system, or state agency which violates any provision of this chapte Action for Damages with a misdemeanor.sions of the Act, may be charged who willfully violate the provi Any person, even those who are not employees,who knowingly violates the provisions of the Act. e Minnesota Government Data Practices Act, MN Statutes, Chapter 13, provides for disciplinary action for any government employe The Data Practices Act Penalties PENALTIES FOR UNLAWFUL USE OF DATA .porations, agencies or vendors are protectedMost investigations of individuals are confidential, but investigations involving corarmful to the patient. Examples of confidential would include some medical data if the medical care provider deems that access to the data will be h ease of information.subject of the data. The subject of the data CANNOT authorize anyone else to see or receive copies of the data by signing a is data that identifies individuals and cannot be disclosed to the public or even to the individual who is the dataConfidential B. Examples of private data include medical data and personnel data. anyone the law says can view the data. 3. anyone to who the individual gives signed consent to view the data; 2. who is the subject of the data or a designated representative; 1. are permitted access to private data:data maintained on individuals who are identified or can be identified in the data. Only the following persons is government Private date A. es or vendors who need the information to do their jobs.employey is restricted to those Generally, if the data you work with identifies a person it is private or confidential data. Use and access within the agenc confidential, or protected nonpublic data, either singly or in any combination.ivate, nonpublic, Not public data means any data which the law declares is not available to the public. It is a broad term which includes pr information. private and confidential types of information, the restrictions on the use of it, and some examples of each type of The following describes the so that you will understand what information is protected and your responsibilities in regard to that information. itythese restrictions on information within the Cexplains some of Attachmentnformation in this Protection of this data from unauthorized use or disclosure depends on the cooperation of all staff and vendors. The i .StaffIS summarize the information in writing within fifteen (15) days of the disclosure to authorized City diately upon discovery and imme IS Staffnonpublic data be disclosed, whether intentionally or unintentionally, the disclosing party shall notify the authorized City Should any n connection with your vendor work duties in any manner different from the scope of your specified duties.includes using the information obtained iform. Unauthorized disclosure also (visual) Unauthorized disclosure of data means releasing information over the phone, in verbal conversations, and in written ut the permission of the originator or data subject. Unauthorized use of data includes making copies of data or computer software and related materials witho disclosure both at work and outside the office.files. This information is protected by law, policy, contracts, agreements, or licenses regarding the may have access to special work areas, computers or other , you may have access to records containing information which is protected from unauthorized use. For example, you Cityhe tworking with personnel As a vendor PERSONNEL VENDOR PUBLIC DATANONOF PERSONS WHO HAVE ACCESS TO RESPONSIBILITIES 613 \[document follows this cover sheet\] MAYO CODE OF CONDUCT EXHIBIT I 614 Our Values in Action 615 guidelines for masking and social distancing. pandemic protocols. Please follow all recommended CDC the COVID-19 pandemic and does not demonstrate proper This document contains content that was created prior to 26 Stay Connected Stay Connected SECTION 7 25 Financial Integrity - Books and Records 24 Financial Integrity - Patient Billing Responsible Business Practices SECTION 6 Diversity 22 Equity, Inclusion & Embracing Differences SECTION 5 20 Political Activity 19 Community Engagement Stewardship 18 Environmental Social Responsibility SECTION 4 Mutual Respect 16Employee Safety & Health 15 Workforce Support SECTION 3 Use of Mayo Clinic Assets 13Bribery and Corruption 12Conflicts of Interest 11 Behaving Honestly SECTION 2 Social Media 9Patient Privacy 8Information Security 7 Information Safeguarding SECTION 1 Let’s Get Started 5Our Legacy of Values 4Welcome 3 616 This photo was taken in compliance with Mayo Clinic’s COVID-19 precautions. Mayo Clinic Chief Administrative Officer Christina Zorn Mayo Clinic President and Chief Executive Officer Gianrico Farrugia, M.D. always placing the needs of our patients first. and Conduct guide us in our decision making while Mayo Clinic values (RICH TIES) and Code of Ethics behavior is at the heart of everything we do. Our on integrity. Our reputation for honesty and ethical won’t change is the value that Mayo Clinic places each other will continue to evolve. But one thing that strategy, the ways that we interact with patients and As we continue to advance our 2030 Bold. Forward. This is an exciting time to be part of Mayo Clinic. 617 talents of each employee. through the creative ideas and unique enhancing the lives of those we serve, Infuse and energize the organization, nnovation I collaboration. members in unsurpassed blending the skills of individual staff Value the contributions of all, eamwork T patients place in us. physical, emotional and spiritual needs. being of the whole person, respecting Inspire hope and nurture the well ealing H sensitivity and empathy. patients and family members with Provide the best care, treating ompassion C our responsibility, worthy of the trust professionalism, ethics and personal Adhere to the highest standards of ntegrity I dignity. their families and colleagues with community including patients, Treat everyone in our diverse espect R and encounter. across the organization. We believe that everything we do affects every person, experience describe a common purpose which embodies the Mayo Clinic Values that guide our behavior connection they provide to the rich history of Mayo Clinic. The standards listed below – is used to help you remember each of our eight values and the “RICH TIES” The acronym – E 618 and material resources. managing our human, natural communities by wisely mission and extended Sustain and reinvest in our tewardship S member. dedicated effort of every team quality of service through the Deliver the best outcomes and highest xcellence 619 Mayo Clinic’s values of RICH TIES and our primary value– express your concerns, including the Hotline. antiretaliation policy and will offer you alternative ways to and resolve issues. Your supervisor will remind you of the Compliance Office or Human Resources to help find answers thoroughly investigated and may contact the Integrity and has a responsibility to ensure that your concerns are to bring concerns to supervisors and others. Your leadership It’s important to all of us that we feel safe and empowered Code and complying with it. will help you understand the importance of knowing the understand how the Code impacts your specific area, and They unit or department leader when you have questions. You should also work with your supervsior, work Compliance intranet site to get answers to questions. use this digital version located on the Integrity and uphold Mayo Clinic’s Code of Ethics and Conduct. You can Mayo Clinic relies on all employees to understand and WORK WITH YOUR LEADERS suspected violation of Mayo policy, law or regulation. responsibility to report, in good faith, any known or responsibility. Each of us who works at Mayo has a Compliance is everyone’s Mayo expects you to speak up: on compliance topics. Integrity and Compliance Office also provides education to ensure compliance with complex regulations. The physician leaders and appropriate committees ethics. They work with department and division chairs, about the health care regulatory environment and business for questions and concerns officers are available as a resourceIntegrity and Compliance Office – no exceptions. Compliance report submitted to the Hotline is reviewed by Mayo Clinic’s Program, which includes our Hotline reporting tool. Every Compliance Office oversees the Integrity and Compliance uphold our commitment to the Code. The Integrity and Mayo Clinic created its Integrity and Compliance program to INTEGRITY AND COMPLIANCE PROGRAM corrective action to those who violate the standards in the Code. such behavior as soon as possible after discovery and to provide committed to preventing unethical or unlawful behavior, to halt business and the public at large. Mayo Clinic is volunteers, all Mayo Clinic subsidiaries, those with whom we do employees, students, short-term research appointees, standards to patients, Mayo Clinic’s trustees, officers, conduct. Through the Code, we communicate our ethical statement of Mayo Clinic’s standards and rules of ethical business Clinic Code of Ethics and Conduct (“the Code”) is a formal we are worthy of the trust our patients place in us. The Mayo professionalism, ethics and personal responsibility. By doing so, with integrity, we adhere to the highest standards of and conducting our business with integrity. When we behave Mayo Clinic is committed to providing outstanding patient care BACKGROUND Back Next Back to Contents Hotline the needs of the patient come first–are often best lived as you 620 The Code - Integrity and Compliance Newsletter Compliance website – FAQs, Policies ADDITIONAL RESOURCES Contact a Compliance Officer 507-538-3437 Contact the Compliance Office https://mcsm.service-now.com/hrconnect/HR Connect 5391 Toll-free: (888) 721-MayoClinicHotline.com Hotline HOW DO I RAISE CONCERN S? see or experience concerning behavior. valued and are encouraged to speak up when they promote an environment where team members feel work with your team. We should all do what we can to 621 Back to Table of Contents classifications and their roles as data custodians to protect our CBI. Employees need to understand different data policy. accordance with sharing information outside of Mayo Clinic, it needs to be done in includes refraining from sharing CBI through social media. When Every employee at Mayo Clinic is responsible for protecting CBI. This Business plans and trade secrets •Projected earnings •Unpublished research data •Financial data and reports •(PHI) Protected Health Information •Examples of CBI include: public, including Mayo Clinic’s competitors. definition, CBI is information that is not generally available to the (CBI). By Confidential Business Information do this is to protect Mayo Clinic relies on all of us to support its mission. One way you can 622. Global Security officeReport suspicious activity on campus to your location’s Technology Management (HTM): 507-538-1222. Report problems with medical equipment to Healthcare to the Help Desk: 507-284-5500. Report problems with computer systems or software . phishing@mayo.edubutton or forward messages to Report suspicious email with the Report Phishing employees and our network safe. activity as soon as possible to help keep patients, It is up to you to report problems and suspicious ADDITIONAL RESOURCES works. Report Phishing system how Mayo Clinic’s by completing required education modules. Review Learn how to recognize and report phishing email •gift cards for Mayo Clinic staff. Remember, you should never be asked to buy •information. are communicating with using trusted contact phone calls from unknown persons. Verify who you Don’t take action based on email, text messages or •line with extra care. Treat email tagged with \[EXTERNAL\] in the subject •Keep these tips in mind: RECOGNIZE THREATS . Communications policyComputer, Internet and Electronic Review the equipped with device-level data encryption. also ensure that any portable device that stores CBI is Mobile Device Management (MDM) system. We must (including email) must be managed by Mayo Clinic’s connects to Mayo Clinic enterprise networks or systems Any portable device, such as a smartphone or tablet, that request the new technology and tools. to Third Party Risk Management process work, follow the workgroup identify a need for new technology to do your this can put Mayo Clinic Data at risk. If you or your collecting and storing information related to your work as authentication. You should not use free web-based tools for protected by your password and multifactor securely from almost anywhere. Remote access is workstations and computers allowing you to collaborate Applications to do your work are provided on Mayo Clinic USING TECHNOLOGY reuse your Mayo Clinic passwords on personal accounts. sharing it with others. Also remember that you should not Clinic data, such as creating a unique password and never There are some simple steps you can take to protect Mayo target health care companies to steal it. Health care information is valuable and criminal groups needs to be protected. Your job will likely put you in contact with data that PROTECT MAYO DATA responsibility to protect these valuable assets. computer systems and data has an individual patients at risk. Everyone who uses Mayo Clinic’s data breach or system outage and put the safety of our internal misuse of systems and data could result in a care to our patients. An external cyberattack or Technology is a critical part of delivering world-class S – Integrity, Stewardship CH TIEIR MA YO CLINIC VALUES Back Next Back to Contents Hotline OIS Awareness website 623 624 their privacy and can subject you and Mayo Clinic to fines business or clinical need or a valid authorization violates No. Accessing someone’s medical record without a medical record to learn wh ether she is doing well? At work, you wonder how she is doing. Can you access her Clinic. his wife was in a car accident and brought to Mayo Your neighbor’s husband tells you outside of work that FA QS . Third Party Risk Managementassistance from third parties access to our networks or PHI, seek sharing data with an outside organization or allowing appropriate safeguards and contracts are in place. Before Mayo Clinic manage these risks and ensure that the Management provides end-to-end management to help safeguard any PHI that they receive. Third Party Risk Our vendors, suppliers and other third parties must also OUR BUSINESS PARTNERS . WebsitePrivacy Office Office via our online reporting tool on the any known or suspected privacy incidents to the Privacy privacy laws or Mayo Clinic privacy policies. You can report Insurance Portability and Accountability Act (HIPAA), state Health have been viewed, used or shared in violation of the an obligation to report any situation where PHI may You also have disciplinary action up to, and including, termination. curiosity or any other improper reason can result in need to access, use or disclose PHI. Accessing PHI for You must always have a legitimate business or clinical . policiesMayo Clinic’s privacy trainings and understand expectation, you are expected to complete privacy responsibility of everyone at Mayo Clinic. To meet that Maintaining the confidentiality of PHI is the OUR WORKFORCE to protecting the confidentiality of PHI. protected. Mayo Clinic has a long-standing commitment and they expect AND deserve to have their information to our patients Clinic patient. PHI is often deeply private and personal information or even the fact that they are a Mayo care, their payment for health care, demographic future health conditions, their eligibility for health about a patient that relates to their past, present or Protected health information (PHI) is any information OUR PATIENTS – Respect, Integrity CH TIES RI MAYO CLINIC VALUES Back Next Back to Contents Hotline and penalties. The Privacy Office uses a monitoring tool 625 Privacy Reminders for Staff While Working Remotely Contact a Privacy Officeror call 507-266-6286 to learn more Integrity and Compliance Intranet site CONTACT INFORMATION & ADDITIONAL RESOURCES . Privacy Office websitethe learn more about PHI and how to deidentify data, visit Photography policy and by using secure applications. To photographs of patients pursuant to our authorization. Moreover, you should only take we cannot share PHI publicly without written patient even without any other identifying information, and include unique characteristics, are considered PHI No. Full face patient photographs or photos that state: “I love my job!” Is this appropriate? name or other identifying information and simply happy patient, and post it on social media with no You use your phone to take a selfie of you with a don’t mean any harm. authorization on file is never appropriate, even if you reasons, without a business or clinical need or a valid No. Accessing someone’s medical record for personal record just to look up her address? to send her a card. Can you access her medical Your coworker is out on parental leave and you want to detect inappropriate access to the medical record. 626 This would be an inappropriate disclosure of patient name? this message as long as you don’t use the patients community to share the positive news. Can you post want to post a short message to y our friends in the will be discharged and going home in a few days. You and are aware that her surgery was a success and she event. Later, you are involved in the care of the patient who sustains a s ports injury during a local sporting You and others within your community witness a child FAQS your social media activity does not interfere with your work. patient you have helped. Use good judgment to ensure that media. For example, you should not post a photo of a information about Mayo Clinic or its patients on social Remember that you should never share confidential may result in consequences for you or our organization. unprofessional behavior reflect poorly on Mayo Clinic, and honest in your communications. Errors, omissions or Be professional, use good judgment and be accurate and you do not see it that way. you as representing Mayo Clinic on social media even if you navigate these situations successfully. Others may see Following Mayo Clinic’s social media guidelines can help even if deleted. to remember your online activity can live forever, important information or opinions about another person. It is responsibilities, especially if you are sharing Anything you do on social media may carry risks and OUR WORKFORCE care and work to create a supportive environment. respectful to all so that we show our patients that we their families and our professional reputation. Be think about how your words could affect our patients, posting online, remember Mayo Clinic’s values and navigate social media as Mayo Clinic employees. When Being mindful of patient privacy is critical as we OUR PATIENTS with family, friends and coworkers around the world. rewarding way to share your experiences and opinions issues that are important to you. Social media can be a dialogue is a vital way to make your voice heard on dialogue and participation in social media. Community Mayo Clinic supports staff involvement in community – Respect, Integrity CH TIES RI MAYO CLINIC VALUES Back to Contents Hotline Back Next information as you learned the information while 627 Approved stories and news Official Mayo Clinic Social Media Outlets: Mayo Clinic News NetworkSocial Media Policy and Guideline Mutual Respect Policy ADDITIONAL RESOURCES workplace. and conduct, even if it happens outside the Office for further review of unprofessional behavior your manager, Human Resources or the Compliance process to address situations like this? working around him. Does Mayo Clinic have a group have shared that you feel uncomfortable You and several other members of your work violen ce against people who hold opposing views. includes threatening language and references election, one of your Mayo Clinic colleagues, In a post about a contentious local school board that can identity a patient. elements of protected health information (PHI) a patient’s name, there are several other by omitting working in your professional role at Mayo Clinic. Even 628 Back to Table of Contents that support a collegial, honest and fair environment. As a Mayo Clinic employee, your responsibility is to behave in ways advantage of any kind. solicit or accept anything of value that could be perceived as an unfair be viewed as inappropriate. Under no circumstances should you offer, Clinic. Accepting gifts from vendors, business partners or patients can come into conflict or appear to be in conflict with the interests of Mayo professionals or patients, do not let your personal financial interests such as pharmaceutical and medical device manufacturers, other care When building a relationship with any for-profit commercial company, education or clinical practice missions. the activity could lead to meaningful support for Mayo Clinic’s research, exchange of ideas in which each party benefits from the interchange or consistent with Mayo Clinic’s mission if the activities involve a two-way public through the transfer of scientific discovery. These activities are ideas and discoveries, both of which ultimately benefit the general Relationships with industry can facilitate the advancement of innovative industry, or serving on a for-profit board of directors. consulting service to industry, speaking engagements with interested in activities like starting a new business venture, providing It’s not uncommon for Mayo Clinic staff members to find themselves Behaving Honestly 629 law. Mayo Clinic policy, industry standards and applicable representatives to behave in a manner consistent with our contracts. We also expect suppliers and their sales these organizations to act within the legal framework of relationship with that organization. Mayo Clinic expects vendors and other business partners, we create a legal When Mayo Clinic enters a business relationship with OUR VENDORS & BUSINESS PARTNERS other benefits. These offers must be politely declined. staff gifts of cash, food, entertainment, tickets, travel or conducting business with Mayo Clinic may try to offer Clinic. Suppliers, other companies or individuals accepted from a vendor or business partner of Mayo relationships, personal gifts of any kind cannot be Because we value the integrity of our business advantage of your employee status for personal gain. are expected to treat people fairly and not take business relationships. As a Mayo Clinic employee, you with this information as you broaden your industry and help you avoid problematic situations. Become familiar has developed policies to answer your questions and of interest and potentially illegal situations, Mayo Clinic problems. To ensure that Mayo Clinic staff avoid conflicts referring providers, can present ethical and legal Interacting with product and service suppliers, as well as decisions or actions as a Mayo Clinic employee. Clinic that might influence, or appear to influence, your and disclose all your personal financial interests to Mayo industry. It is also important for you to be transparent Relations Committee for all your external activities with institutional approval from the Medical-Industry You should make sure you have the appropriate OUR WORKFORCE decline. Patients policy for guidance if you are unable to politely be heart-felt, you must consult Mayo’s Gifts From Patients may offer you gifts or money. While the gift may you are benefiting from that patient relationship. patients, you should not behave in ways that suggest respected. When building relationships with our activities, patient care and privacy must always be When staff participate in community or industry Mayo Clinic patients expect and deserve quality care. OUR PATIENTS – Integrity CH TIES I R MAYO CLINIC VALUES Back to Contents Hotline Back Next SUMMARY/SCENARIO 630 Supplier and Sales Representative Code of Conduct (PDF) Mayo Clinic Supplier information page Policy Gifts from patients - Policypage Gifts from vendors or business partners - Medical-Industry Relations Committee intranet Conflict of Interest intranet page ADDITIONAL RESOURCES your outside business activities and your Mayo Clinic strategy in place to help you keep separation between assist you by putting a conflict of interest management Call the Conflict of Interest Review Office. The team will responsibilities. activities separate fro m your Mayo Clinic you are not sure how to keep your outside business You have started a medically-related company and personal gain. patient and business needs and should not be used for Mayo Clinic resources are provided to staff to support community. performance or Mayo Clinic’s reputation in the Clinic business or have a negative impact on job Your external activities should not compete with Mayo decisions or actions as a Mayo Clinic employee. Personal financial interests should not influence your 631 a business arrangement with Michael from XYZ Corp. Mayo Clinic employee Susan is negotiating Scenario 1: . existing guidance on food and giftsin accordance with Compliance Office to help you respond appropriately, Contact the Integrity and for a business relationship? appropriate gift What if I need to offer or accept a culturally FAQS/SCENARIOS criminal repercussions. subject Mayo Clinic to significant financial and patients, business partners and regulators and could Corruption will dramatically erode the trust of our Compliance Office or the Legal Department. corrupt acts, you must contact the Integrity and anyone connected to Mayo Clinic is engaged in business on behalf of Mayo Clinic. If you suspect integrity and expects the same of anyone conducting Mayo Clinic is committed to conducting business with OUR BUSINESS PARTNERS department. remuneration should be reported the compliance for gifts, payments or other inappropriate parties services or even job opportunities. Any requests from third could include offers of cash, gifts, complimentary health business is illegal and against Mayo Clinic policy. This influence a government decision, obtain business or keep Offering something of value to a government employee to that shown in Mayo Clinic’s records. payments to third parties for any purpose other than unethical purposes. You should also not make any never use Mayo Clinc funds or assets for any unlawful or honestly and with integrity. As an employee, you should As a Mayo Clinic employee, you are expected to behave OUR WORKFORCE what we can to maintain patient trust. patients will not see us as trustworthy. We must all do our reputation is damaged because of corrupt actions, reputation for integrity and our Mayo Clinic values. If teams. They will be treated well because of our care at Mayo Clinic because we have the best health care truthful, open manner. They will get exceptional health Our patients expect that we conduct our business in a OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VA LUES Back to Contents Hotline Back Next Michael suggests he could offer better agreement terms if 632 Gifts and Entertainment - International Business Activities International Anti-Corruption Due Diligence Policy International Anti-Corruption Policy ADDITIONAL RESOURCES must contact Compliance for guidance. likely seeking to arrange a bribe through the consultant. David the front of the line and guarantee its approval. The official is consultant service that can help move Mayo Clinic’s application to bureaucratic red tape, an official gives David the name of a Mayo Clinic from a foreign government. After encountering David needs to obtain a government license for Scenario 3: processes. arrangements through Mayo Clinic’s business travel to meet at a site related to the deal and make travel performance of his Mayo Clinic duties). Oliver should request negotiations (influencing Oliver to act contrary to the and accommodations to gain a corrupt advantage in the first-class travel to a luxury resort where they can discuss the Oliver is trying to sign a lucrative deal with Scenario 2: Office refuse and report the request to the Integrity and Compliance exchange for a bribe (a job for Michael’s daughter). Susan must terms) by acting contrary to the performance of his duties in Michael is offering a corrupt advantage (better contract Susan could get Michael’s daughter a job at Mayo Clinic. 633 While you cannot use Mayo Clinic email for personal benefit. indicates that Solicitation and Distribution Policy The information to her departmental distribution list. she opens her laptop and s ends the cookie fundraiser brand of cookies she is selling. When she gets to work daughter and knows some of her coworkers love the and is selling cookies. Anna wants to support her Anna’s daughter i s fundraising for her soccer team SCENARIO records. parties must be accurately reflected in Mayo Clinic or unethical purpose is prohibited. Payments to third The use of Mayo Clinic funds or assets for any unlawful OUR BUSINESS PARTNERS for adjudication of ownership. brought to the Medical-Industry Relations Committee its research, clinical and educational programs, must be including their Mayo Clinic duties or Mayo Clinic’s business, Mayo Clinic facilities or resources and not related to personnel on their personal time, not involving use of Any intellectual property developed by Mayo Clinic records. parties must be accurately reflected in Mayo Clinic or unethical purpose is prohibited. Payments to third The use of Mayo Clinic funds or assets for any unlawful use Mayo Clinic assets for your personal gain. benefit of Mayo Clinic and our patients. You may not Mayo Clinic assets are to be used solely for the OUR WORKFORCE our patients and provide the best patient experience. Protecting our assets is another way that we protect Patients directly benefit from Mayo Clinic’s assets. strategies and plans about Mayo Clinic activities. intellectual property rights, research data, business Assets include medical records, concepts, financial data, funds, email, internet, software and office supplies. Mayo Clinic assets are more than equipment, inventory, OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VALUES Back to Contents Hotline Back Next these causes are admirable, Mayo Clinic 634 Solicitation and Distribution Policy Business Associate PolicyIntellectual Property - Royalty Sharing Policy Inventions, Data and Other Assets PolicyMayo Clinic Ownership of Intellectual Property, Policy Mayo Clinic VenturesThird Party Risk Management (TPRM) ADDITIONAL RESOURCES questions. Compliance Officer for further guidance or purposes only. Talk with your Manager or resources should be used for business 635 Back to Table of Contents 636 purchase products to ensure safety and quality. If you are also be seen as failing. We take many steps before we safety and quality. If their products fail, Mayo Clinic may When working with vendors, we expect a high level of OUR VENDORS Security as appropriate. enforcement, in consultation with Legal and Global always cooperate with government inspectors and law federal, state and local laws. Mayo Clinic employees should As Mayo Clinic employees, we comply with all applicable and manage Mayo Clinic’s safety policies and procedures, identify by actively engaging in safe behaviors. We need to follow Each of us must do our part to create this environment and our colleagues. environment for our patients, their family members importance of maintaining a safe, secure and healthy All of us who work at Mayo Clinic know the OUR WORKFORCE . Securitysupport from nearby staff and contact behavior is encountered, secure your safety, seek . If physically volatile or threatening Procedure Patient Misconduct and Behavior Managementthe patient nurse in the emergency department. One night, a Mary is working the night shift as a Scenario: on working at home. illnesses •security incidents •injuries reoccurrence of previous aggravation or •workplace injuries •reference , and Patient and Visitor Conductso), contact behavior in the moment (provided it is safe to do derogatory or discriminatory behavior, address the for tips Frequently Asked Questions Safety Intranet site list of Please visit the the ergonomics of my home office. I am working remotely and need some help with safety@mayo.and report it to Security. If not an emergency, alert your manager you have an emergency, call 911 or contact If What should I do if I see something unsafe? FAQS/SCENARIO supervisor. Each of us is responsible for reporting If safety or health is compromised, please tell your workplace. part of Mayo Clinic’s commitment to a safe, healthy staff with ergonomically appropriate work areas as support our health. Mayo Clinic strives to provide when working remote, should be safe places and our own health and well-being. Our work areas, even Part of maintaining a safe environment is maintaining disrespectful, with our patients and visitors. If you encounter you have the right to feel safe at work when interacting Mayo Clinic encourages safe patient interactions, and OUR PATIENTS – Teamwork IES TRICH MA YO CLINIC VALUES Back Next Back to Contents Hotline working with a vendor or a product and suspect safety 637 Security Intranet Site Patient and Visitor Conduct SiteSafety Intranet Safety Policiesconcerns. steps can be taken to resolve any potential safety issues, discuss this with your supervisor so the right and response initiatives. preparedness workplace hazards and support emergency ADDITIONAL RESOURCES place. proper documentation of the events can take department and to her supervisor to ensure happened to the Mayo Clinic Global Security Following the incident, Mary reports what had before the patient had scratched Mary’s arm. successfully calms the patient down, but not been through a de-escalation training class, Mary and the other staff. Mary, who has recently administered by because she doesn’t like the treatment being becomes verbally and physically abusive 638. industry and supplier/sales representativesMayo Clinic standards and code of conduct for healthcare to follow the rules we provide for them as presented in language or lack of professionalism. Vendors are expected disrespectful treatment from vendors, whether abusive in-person or virtually. You do not have to tolerate respect when they interact with us, whether Mayo Clinic expects our vendors to show Mayo Clinic staff OUR VENDORS retaliation policy. made in good faith are protected under the anti- leadership for department-specific concerns. Reports homepage. You can also talk with your department Human Resources Advisor by visiting the HR Connect If you have concerns, you can make contact with your both parties to better understand each other. with co-workers to try to work out differences, allowing If you feel comfortable, we encourage you to communicate about this topic. Media Policy and Guidelines provide more information consistent action. The Mutual Respect Policy and Social reported. Mayo Clinic will investigate and take fair and be that promotes violence or discrimination, this should to our patients. If someone uses language or behavior disciplines and job roles as team members, committed Mayo Clinic relies on all of us to work across values. inclusion among all people, in support of Mayo Clinic of professionalism, teamwork, cooperation and environment of mutual respect by promoting a spirit We are committed to creating a healthy work OUR WORKFORCE questions. voice and a place to express concerns or ask should strive to ensure that every employee has a or conflict within our work departments. All of us Sometimes, we may experience discord, frustration and cooperation. we act with compassion, integrity, consideration Clinic’s diverse community is strengthened when free from harassment and discrimination. Mayo expect an environment that fosters mutual respect, Mayo Clinic’s employees, patients and visitors OUR PATIENTS – Respect ICH TIES R MAYO CLINIC VALUES Back Next Back to Contents Hotline SCENARIO 639 Nondiscrimination PolicySupply Chain Reporting tool siteHotline HR Connect intranet Integrity and Compliance PolicyRetaliation Policy Anti-Mutual Respect ADDITIONAL RESOURCES . Harassment policySexual and Other information, reference the safe and report the incident. For additional subject of the harassment is witness harassing conduct, make sure the Integrity and Compliance Office. If you ever to your supervisor, Human Resources or the behavior continues or if you feel unsafe, report with the employee if you feel safe. If the be addressed. Attempt to resolve the concern There are several ways that this behavior can that can be harassing, coercive or disruptive. environment free from all forms of conduct Employees have the right to work in an The acts make you feel uncomfortable. After you ask them to stop, the behavior you to join them for lunch and giving you gifts. comments about your appearance, inviting perso nally, such as repeatedly making A colleague is showing interest in you 640 Back to Table of Contents 641 to perform recycling services. Mayo Clinic Health System sites contract with vendors recyclables are processed. Mayo Clinic in Arizona and campus also operates a recycling area where some recyclers. Although not quite as large, the Florida materials so they are packaged appropriately to transport to construction projects and processes plastic and other Center shreds paper, bales cardboard, sorts metals from Rochester, Minnesota, campus since 1990. The Recycling Mayo Clinic has operated its own Recycling Center on the DID YOU KNOW? sustainability. if you have an interest in and passion for environmental Green Advocate program sustainably. Consider joining the opportunities for your work unit to operate more environment in your daily activities and seek Develop a stewardship mindset. Consider the •properly. you can at your site and ensure all waste is disposed of bottle, don’t print unless necessary, recycle everything the employee cafeteria, consider using a reusable water Reduce waste. Choose reusable utensils when dining in •and close fume hoods in laboratory spaces. power down noncritical equipment at the end of the day consumption. Turn off lights when you leave a room, Conserve energy. Be mindful of your energy •areas and Mayo Clinic. Here are some steps you can take: Each of us can take steps to be good stewards of our work OUR WORKFORCE a positive impact on their health and health care. environment has environment as we do. A welcoming, clean to maintain our facilities and respect the patients take in our spaces. They appreciate our efforts Part of the Mayo Clinic experience is the comfort our OUR PATIENTS Mayo Clinic’s sustainability goals. stewardship and ask that you do your part to support and sustainable approach to environmental communities. We do this by exercising a thoughtful to benefit the health of our patients, staff and administrative operations, practices in patient care, education, research and committed to responsible environmental protection environmental health and public health and is Mayo Clinic recognizes the link between planet Environmental Stewardship from patient to S – Stewardship RICH TIE MAYO CLINIC VALUES Back Next Back to Contents Hotline ADDITIONAL RESOURCES 642 officeofsustainability@ mayo.edu.Clinic’s environmental footprint? Email Have a question or suggestion to improve Mayo Environmental Stewardship External Website Sustainable Building Policy Mercury Elimination ProcedureWaste Management and Recycling Policy Environmentally Preferable Purchasing Policy Energy Management Guidelines Energy PolicyOur Environmental Statement Green at Mayo Clinic 643 Channel One Regional Food Bank, Mayo’s Season of Giving. Mayo Clinic Cares Intranet SiteCommunity Engagement Website disparities and challenges. residents, and especially those with the highest health agencies to improve community health for all our work with other volunteers, organizations and community health needs. These priority areas guide communities to conduct regular assessments of and other organizations across Mayo Clinic Community Engagement works with local public health in need. provided $49 Million dollars in charity care to patients philanthropic support. In addition, in 2021, Mayo Clinic ADDITIONAL RESOURCES support the work. time to help organize the work or donating funds to participate in these campaigns either by donating organizations. Employees are encouraged to Clinic staff to directly contribute funds to need-based serve local charities or resources by allowing Mayo Community Giving campaigns. These campaigns various ways. One way is through the annual Mayo Clinic staff support local communities in STAFF GIVE BACK 1.5 million people have been helped by Mayo Clinic need. More than health needs, disparities and support for those in nonprofit organizations to address community organizations in 2021. We collaborate with philanthropic support to hundreds of nonprofit Mayo Clinic provided more than $11.5 million in COMMUNITY CONTRIBUTIONS S – Stewardship RICH TIE MAYO CLINIC VALUES Back Next Back to Contents Hotline 644 for more information. Matrix Political Activity advocacy on issues, may apply. See political activities, such as public endorsement or If you are a leader at Mayo Clinic, stricter limitations on materials or distribute political statements. email, equipment and supplies, to prepare political Do not use Mayo Clinic resources, including facilities, •activities. representative when you participate in political Do not otherwise position yourself as a Mayo Clinic •are your own and do not represent Mayo Clinic. identify you, you must clearly share that your views If your title or affiliation with Mayo Clinic is used to •badge at these events. example, do not wear your Mayo Clinic identification employer or to your position at Mayo Clinic. For advocacy, do not refer to Mayo Clinic as your When participating in personal political activity and •follow some basic rules about political activity: Clinic, as a tax-exempt organization, must ask you to process outside of Mayo Clinic. Keep in mind that Mayo Mayo Clinic supports your participation in the political OUR WORKFORCE conversation if patients raise the topic. from discussing political views. Redirect the Out of respect for our patients, you should refrain of our interactions with patients or their families. be part have our political beliefs, but those beliefs should not our patients in a politically unbiased manner. We Our work at Mayo Clinic requires us to engage with OUR PATIENTS fundraising, is prohibited. political candidate or position or to engage in political to distribute statements supporting or opposing any Clinic employee. Any use of Mayo Clinic resources Clinic entities, as well as to your activities as a Mayo political activities. This prohibition applies to all Mayo from conducting certain tax-exempt status, tax regulations limit Mayo Clinic Clinic’s not-for-profit status. As a condition of that opinions. This is important to maintain Mayo suggest that Mayo Clinic shares your political to be mindful that those activities should not remember political process on personal time. As you do so, Mayo Clinic encourages you to participate in the – Integrity CH TIES IR MAYO CLINIC VALUES Back Next Back to Contents Hotline FAQS 645 Policy Social Media Political Activity ADDITIONAL RESOURCES of public office. specific question if you choose to run for any type Compliance Office is available to answer any behalf of Mayo Clinic. The Integrity and the impression you are speaking or acting on resources, such as Mayo Clinic email. Do not give political process. You should not use Mayo Clinic Employees are encouraged to participate in the activity policy is followed? expected of me to ensure that the political Council seat. As a Mayo Clinic employee, what is community, so I am run ning for an open City I want to do something to contribute to my Clinic. reference Mayo Clinic or your position at Mayo personal political activity, however, should not political process outside the workplace. Your Mayo Clinic encourages you to participate in the activist group. Does Mayo Clinic allow this? I am interested in being involved with a social 646 Back to Table of Contents 647 648 commitment of our leaders to diversity development efforts and the be seen in our recruitment and talent the patient first. This commitment can diversity areplace to support equity, inclusion and policies and practices put in responsibility. Our commitment to the lives and personal lives is everyone’s Fostering mutual respect in our work impacting our communities. culture, connecting our teams and play a key role in enhancing our Mayo Employee Resource Groups focused care. ultimately, deliver world-class, patient-delivered to our learners and, pools, improve the quality of education competent care, enhance our research allows us to deliver culturally sensitive, foster an environment of inclusion that status, Mayo Clinic will continue to nationality, disability or other protected religion, sexual orientation, religion, employees, regardless of race, gender, similarities and differences of all of our their true, authentic selves to work. By valuing the diverse backgrounds, beliefs and expressions to bring Mayo Clinic provides opportunities for individuals with unity. sites and committed to provide solutions in support of cooperation. We are united across disciplines and compassion, integrity, consideration and community is strengthened when we act with inclusion and diversity and understand that our At Mayo Clinic, we value and celebrate equity, OUR WORKFORCE education and research. every patient through integrated clinical practice, to health and well- being by providing the best care to that mission we strive to inspire hope and contribute the needs of the patient come first and in support of inclusive environment for all patients. At Mayo Clinic and cultures and is committed to maintaining an Mayo Clinic welcomes patients from all backgrounds OUR PATIENTS Healing, Teamwork – Respect, Integrity, Compassion, IES RICH T MAYO CLINIC VALUES Back Next Back to Contents Hotline and inclusion across all aspects of our 649 site. Office of Equity, Inclusion & Diversity Visit the Diversity initiatives? How do I learn more about Mayo Clinic’s Equity, Inclusion & site. Department Diversity Leader Resources Visit the What are Department Diversity Leaders? site. Mayo Employee Resource Groups Visit the How can I get involved? FREQUENTLY ASKED QUESTIONS and Aspirational. : Foundational, Core, across 3 categoriesimprove health equity Further, Mayo will employ its strategies to measurably increasing the diversity of its patient population and staff. plans to address systemic racism within Mayo Clinic, including developed objectives, strategies, timelines and metrics for As part of this commitment, site and shield teams have discrimination. matter their race or ethnicity, will not experience racism and is to ensure each person, no Commitment Against Racism for the communities we serve. The goal of Mayo Clinic’s to improve health disparities $100 million over ten years in support activities commitment against racism and committed In July 2020, Mayo Clinic announced a bold OUR COMMITMENT organization. 650 Back to Table of Contents 651 Policy Anti-RetaliationPrevention of Fraud, Waste and Abuse Revenue Cycle Compliance ADDITIONAL RESOURCES individual who self-pays. Private or government insurers or in some cases an Payer: services or supplies. Receiving payment that we’re not entitled to for things like Abuse: services. costs to a government program or an overuse of The misuse of resources that results and unnecessary Waste: information to receive a benefit. Intentionally submitting incorrect or false Fraud: RELEVANT DEFINITIONS issues. can provide more information and resources on billing from retaliation. The Integrity and Compliance Office Employees who report in good faith will be protected leadership or the Integrity and Compliance Office. occurring, you have an obligation to report these to waste and abuse. If you suspect billing errors are have False Claims Act laws to penalize billing fraud, other payers. The federal government and many states billing errors involving Medicare, Medicaid and its Mayo Clinic is committed to preventing and correcting False Claims Act protected under the anti-retaliation policy. say something. As always, reports in good faith are and be paid fairly. If you have a concern or a question, required disclosures. Mayo Clinic wants to bill fairly overpaid, Mayo Clinic refunds the payer and makes the Mayo Clinic’s internal review shows Mayo Clinic was laws forbid intentional and accidental overbilling. If abuse laws. These and billing are governed by the fraud, waste and necessary care. Mayo Clinic’s documentation, coding to be sure their dollars are going to medically obligation to appropriate reimbursement and payers have an have the right to appropriate care. Mayo Clinic has a right legally, we must document and bill accurately. Patients including private and government insurers. Ethically and Mayo Clinic works with well over 1000 different payers OUR WORKFORCE future bills. of tools and services to assist our patients to anticipate how their money is used to provide care. We offer a variety consumers, patients deserve to know and understand transparent information about billing. As health care Mayo Clinic seeks to provide patients with accurate and OUR PATIENTS – Integrity C H TIES IR MAYO CLINIC VALUES Back Next Back to Contents Hotline Record Retention Policy 652 653 Officer with any outstanding questions. In addition to the policy, contact Legal or a Compliance Records Management and Retention Policy ADDITIONAL RESOURCES . Government Investigation Policy and Procedureregarding government investigations, reference the investigation. For more information about your rights about any unexpected government interview or Legal Department should be contacted immediately communicating with a government authority. The investigations. Mayo Clinic does not prohibit you from Mayo Clinic cooperates with government Government Investigations Record Management and Retention Policy. If you have questions about this, please review the in a legal proceeding may be a criminal offense. matter is closed, destroying records to avoid disclosure government investigation or audit is occuring. Until the records must not be destroyed if any litigation, Responsible business practices require that relevant and finance records to research records. These records range from employee records to tax law and are retained based on the applicable laws. collaborators. Many of these records are required by relationships with our patients, staff and business Mayo Clinic’s records create a history of our Record Retention on corporate books, are strictly prohibited. there is no accounting for receipts or expenditures Slush funds or similar off-book accounts, in which documents supporting the transaction. for a purpose other than that described in the Payment may not be made if any amount will be used be altered. Permanent entries in Mayo Clinic records must never occurred. records that do not accurately reflect what accurately reflect the true expense or creating any another, submitting expense accounts which do not person when payments actually were made to appear as though payments were made to one Falsifying records can include making records Mayo Clinic’s books and records to be inaccurate. It is against Mayo Clinic policy to knowingly cause or to hide anything that is improper. part of the creation of any records intended to mislead transactions represented. You must not create or be a records accurately reflect the true nature of the Federal law requires that Mayo Clinic’s books and OUR WORKFORCE & PARTNERS – Integrity CH TIES IR MAYO CLINIC VALUES Back to Contents Hotline Back Next 654 Ask Privacy Office a question Ask Compliance a questionor call: 888-721-5391 Compliance Hotline Integrity and Compliance Intranet Site Connect with a Compliance Officer CONTACT INFORMATION y ou to help make your career at Mayo Clinic a success. conflict of interest and more. We’re available to partner with manufacturing, research, education, patient privacy, billing, data use, US Food and Drug Administration regulated and Compliance Office has experts in international business, Clinic Compliance team ready to support you. The Integrity all of your questions. Fortunately, you have a dedicated Mayo We know that this Code of Ethics and Conduct can’t answer Back Next Back to Contents Hotline 655 MC2570rev0622 ©2022 Mayo Foundation for Medical Education and Research. –William J. Mayo, M.D. of your work.”word: Let it enter into all the details honesty in every conception of the considerations, to be honest. I mean “ I would admonish you, above all other 656\[document follows this cover sheet\] AGENCY SAFETY PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT J 657 Agency Safety Plan Transit Rochester Public October 2020 Agency Safety Plan Rochester Public Transportation Page1 | 2 | 658 ................................................................................................. 38 . FIRST TRANSIT SAFETY POLICY–APPENDIX A ................................................ .................................................................................................... 37 . ACRONYMS USED .............................................................................. .... 34. DEFINITIONS OF TERMS USED IN THE SAFETY PLAN ................................................................................................................................. 33. ADDITIONAL INFORMATION 7. SAFETY PROMOTION ................................................................................................................................................ 28 ................................................................................................................................................ 23. SAFETY ASSURANCE ........................... ..................................................................................................... 16. SAFETY RISK MANAGEMENT SAFETY MANAGEMENT POLICY ............................................ ................................................................................. 6 .................................................................................................................. .... 5. SAFETY PERMORMANCE TARGETS PLAN DEVELOPMENT, APPROVAL, AND UPDATES ........................................................................................... 4 1. TRANSIT AGENCY INFORMATION .......................................................................................................................... 3 Table of Contents October 2020 Agency Safety Plan Rochester Public Transportation Page 659 not applicable Service is ProvidedEntity(ies) for Which Transit Agency(ies) or Name and Address of not applicable Arrangement(s) Description of No entity?another transit agency or transit services on behalf of Does the agency provide service yet still maintains the vehicles. First Transit subcontracts out the operating of Paratransit operate and maintain the buses used for fixed route service. Rochester Public Transit (RPT) contracts with First Transit to or contracted service)Agency (Directly operated Provided by the Transit Mode(s) of Service 5307, 5339 TypesList All FTA Funding Paratransit Fixed Route Bus; by This PlanMode(s) of Service Covered Location Safety ManagerTabitha Miller, First Transit Officer or SMS ExecutiveName of Chief Safety Physical Development ManagerIa Xiong, Accountable ExecutiveName and Title of 55906 Rochester, MN4300 East River Road NE, Transit Agency Address Rochester Public TransitCity of Rochester/ Transit Agency Name Transit Agency Information 1.October 2020 Agency Safety Plan Rochester Public Transportation Page3 | 4 | 660 plan.?this?of?end?the?at?Signature??10/19/20.?on?meeting?Council?City?Rochester?at?Adopted10/19/20/20 2 11/1 regular scheduled Quarterly meeting awill review changes with staff at ManagerTransit Operations approval. The Chief Safety Officer and the ’s Executive will recommend and seek Rochester City Councilsubmitted to the Accountable Executive for review and approval any changes. The Accountable the RPT Chief Safety Officer and Transit Operations Manager by July 1st of each year. Updates will be Agency Safety Plan and its safety performance targets will be jointly reviewed and updated by ’s TRP Annual Review and Update of the Public Transportation Agency Safety Plan New Document 1 Date Issued Reason for Change AffectedSection/Pages Version Number Version Number and Updates Safety Plan.Public Transportation Transit Administration’s Public Transportation Safety Program and the National The Agency Safety Plan addresses all applicable requirements and standards as set forth in the Federal Date of Approval City Council CouncilApproval by the City Date of Signature of Accountable Executive Signature Accountable ExecutiveSignature by the City of Rochester Public Transit Drafted This Plan Name of Agency That 2.Plan Development, Approval and Updates October 2020 Agency Safety Plan Rochester Public Transportation Page 5 | 661 11/13/2011/13/20 GovernmentsRochester Olmstead Council of Date Targets Transmitted Organization NameMetropolitan Planning Planning Organizationto the Metropolitan Targets Transmitted TransportationMinnesota Department of Date Targets Transmitted State Entity Name Statethe Target Transmitted to ROCOG safety performance targets upon request. are available to coordinate with MNDOT and the ROCOG in the selection of MNDOT and adopted Safety Plan to Minnesota Department of Transportation (MNDOT). RPT personnel ’s Accountable Executive also provides a copy of our formally Rochester City Council. RPTOlmsted Council of Governments (ROCOG) each year after its formal adoption by the Rochester ’s safety performance targets with the RPT’s Accountable Executive shares RPT Safety Performance Target Coordination 36,900 0 0 0 0 0 0 ParatransitADA/ 73,291 5680. 1 .0568 1 0 0 Route Bus failures)Reliability System VRM)thousand (per 100 Events Safety (total)Events Safety VRM)thousand (per 100 Injuries (total)Injuries VRM)thousand (per 100 Fatalities (total)Fatalities ecServiTransit Mode of Targets below are based on review of the previous 5 years of RPT’s safety performance data. Safety Performance Targets 3.Safety Performance Targets October 2020 Agency Safety Plan Rochester Public Transportation Page 6 | 662 property, or the environment.Be aware of any hazardous condition or practice that may cause injury to people, damage to o Prevent injury to myself and others.·The BeSafe Principles include: from working safely and what would be required to perform the task safely. been trained and encouraged to stop work and immediately advise management of issues preventing them The employee has If an employee feels they cannot perform a task safely, they don’t perform the task.practice. Together a safe work environment is created, free from injury to each other and our passengers. and on our vehicles. All First Transit employees are expected to adopt these principles and put them into provide the basic truths and fundamentals about working safely in our workplace BeSafe Principles The employee must wear while on duty. issued to each employee and sized to fit in the safety lanyard or vest, which each , is BeSafe Handbook To ensure that each employee understands and performs their job functions in the BeSafe manner, the First Transit policies or guidelines, or any alleged violations of federal, state or local laws. because of his or her good faith reporting of a safety issue/concern, another person’s suspected violation of RPT and/or First Transit will not retaliate against nor impose any other form of retribution on any employee report. is filed, it is investigated, which includes follow-up with the reporting employee regarding the resolution of the miss, route and security hazards, or any unsafe condition. When a report about a safety or security concern related issues. As part of this process, employees of all levels are encouraged to initiate reports of any near collisions and injuries by increasing the communications between employees and managers about safety . The main purpose of BeSafe is to reduce “BeSafe”First Transit employs a company-wide safety concept, message. First Transit has submitted a separate Agency Safety Plan. Transit. As such First Transit safety literature may be referenced when appropriate to provide a clear workforce are employees of First Transit and therefore receive training, guidance and discipline from First RPT’s RPT contracts with First Transit to operate service and maintain vehicles. The vast majority of use a product, unless it can be done safely. RPT and First Transit will not perform any service, nor transport or other employees and the public. All employees are required to perform their duties safely and with concern for the safety of our passengers, conducive to safe practices and policies. committed to providing a safe workplace, the proper training, protective equipment, and a work environment profitability. Prevention of collisions and personal injuries is of critical importance to everyone. We are Safety is the highest priority to RPT. We believe that working safely promotes quality, productivity, and Safety Management Policy Statement 4.Safety Management Policy October 2020 Agency Safety Plan Rochester Public Transportation Page 7 | 663 receive a copy in their employee mailbox the posting of the Safety Management Policy Statement being posted, all First Transit Employees will email of not just the Safety Management Policy Statement but the entire Agency Safety Plan. In addition to viewing access and pass by on a daily basis. City of Rochester (COR) employees with RPT will receive an conspicuous location at the Public Works Transit Operations Center where many employees will have Safety Management Policy Statement will be placed adjacent to other safety documents in a Safety Management Policy Communication Appendix A. The official policy that reflects First Transit’s commitment to safety is included as Note suggestions made and discuss with management.o Tell management of any suggestions to prevent injuries in the workplace·Seek help immediately and first aid (if necessary).o Report all injuries, incidents and near misses to management.·Get help with any heavy or awkward items and follow the correct lifting techniques.o Assess any load and capability to move it before lifting.·safety feature.Never modify any equipment that changes the designed use of the equipment or alters a o Only adjust and repair any piece of work equipment trained on and authorized to do so.·Check that they are in good condition before use and use them safely.o Use only the correct tools and equipment authorized and trained to use for the job.·damaged or unfit for use.Keep PPE in good working order, wear it correctly and ask for a replacement if it becomes o Wear protective clothing and equipment (PPE) as required.·energy.Untidy areas could cause injury to the employee or their colleagues and waste time and o Keep work area clean and tidy at all times.·If these are not understood, speak to management before work begins.o Follow all safety procedures, signs and instructions.·assessmen ts. work is started if unsure of the required safety and risk before Speak to management o performed before any work begins.Perform all necessary safety checks and risk assessments of the work area and job to be·Use the BeSafe Handbook to record and report.o October 2020 Agency Safety Plan Rochester Public Transportation Page 8 | 664 operation of RPT’s SMS under this plan.authorities and responsibilities for day-to-day SMS implementation and activities. First Transit’s Resident Management Team also have other RPT personnel who conduct and oversee Safety Assurance•Provides Safety Risk Management (SRM) expertise and support for•Ensures RPT policies are consistent with RPT’s safety objectives.plans for approval by the Accountable Executive.T's SMS and develops action•Identifies substandard performance in RP•Advises the Accountable Executive on SMS progress and status.committee meetings.incidents, and accidents; and maintains and distributes minutes ofSafety Event Log to monitor and analyze trends in hazards, occurrences,committee; Establishes and maintains RPT’s Safety Risk Register and•Chairs the Safety Committee and coordinates the activities of the•Manages RPT’s ESRP.RPT's SMS.-to-day implementation and operation of•Ensures and oversees day accountabilities, and responsibilities under this plan: authorities, RPT’s Chief Safety Officer. The Chief Safety Officer has the following The Accountable Executive designates First Transit’s Safety Manager as Location Safety Manager (First Transit) –Tabitha Miller Executive Chief Safety Officer or SMS Management Plan.•Maintains responsibility for carrying out the agency's Transit Asset•Assumes ultimate responsibility for carrying out RPT's ASP and SMS.SMS.s taken to address substandard performance in •Ensures action i•Ensures that RPT's SMS is effectively implemented.report. •Designates an adequately trained Chief Safety Officer who is a direct and maintain the ASP and SMS.tal resources needed to develop•Controls and directs human and capi responsibilities under this plan: Executive with the following authorities, accountabilities, and The Physical Development Manager serves as RPT’s Accountable Physical Development Manager –Ia Xiong Accountable Executive Authorities, Accountabilities, and Responsibilities October 2020 Agency Safety Plan Rochester Public Transportation Page 665 Reporting Options that no retaliation occurs because of a reported safety related issue. Managers are charged with assuring that they and their staff comply with the whistleblower protections and is subject to discipline and/or termination. worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint In other words, employees are protected for speaking up in good faith under this Policy. Any manager, or co- regardless of the outcome of the complaint.who cooperates in any investigation of such report, is strictly prohibited and is not tolerated, Retaliation against anyone who, in good faith, reports observations of unsafe or illegal activities; or . Compliance@firstgroup.com(1.877.322.5534); contacting the Hotline intake site at ethicsfirst.ethicspoint.com; or emailing complaint by calling the confidential Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, Manager or Human Resources Manager. First Transit employees may also directly file a written or verbal manager, or for COR employees the Safety Administrator and for First Transit employees the Region Safety concern, or they are not comfortable reporting to their immediate manager, they can report it to the next level However, where the matter is more serious, or the employee feels that management has not addressed the encouraged to discuss the situation with management or report it in writing. employees are not comfortable discussing these unsafe conditions with fellow employees, they are Employees are expected to tell others when witnessing unsafe work practices or conditions. When policies and procedures, the laws, rules, and regulations that govern our business operations. up and raise questions and concerns promptly about any situation that may violate our safety protocols, RPT is committed to conducting business with honesty and integrity. Employees are encouraged to speak Employee Safety Reporting Program hazards reported will be jointly evaluated.when any safety Safety Committee These meetings also function as the numerous topics from route schedule planning to equipment orders. Resident Management Team and City of Rochester staff that address A bimonthly meeting between First Transit’s Senior Staff Meeting : issues and events. Maintenance Manager to help address reoccuring safety and operations General Manager, Location Assistant Manager, and Location Location the Comprises of First Transit Resident Management Team : Transit Operations Specialist·and procedures. s ASP and SMS policies ’ Transit Grants Specialist : Develops RPT· Transit and Parking Assistant · Marketing and Outreach Coordinator · City of Rochester StaffKey Staff and Activities October 2020 Agency Safety Plan Rochester Public Transportation Page9 | 666 consistent manner. Relative to conduct of a serious nature, the City reserves the right to take action COR generally adopts the principles of progressive discipline to promote corrective action in a fair and Possible Disciplinary Actions the scope of employment. 4. Careless, negligent, inefficient or incompetent behavior regarding safety occurring during 3. Dishonesty, including falsification of safety reports or documents prepared on behalf of the City. his or her City employment. he employee’s ability to competently perform or adversely affects t2. Conviction of any criminal offense committed outside of the scope of employment, but which interferes with 1. Willful violation of a safety rule or practice. all inclusive, constitute a sufficient basis for disciplinary action: COR deems the following behaviors or actions, which are only listed as examples and are not intended to be Grounds for Disciplinary Action The following apply to employees of COR. consistent with applicable law. received in any vehicle immediately if possible, but no later than prior to their next scheduled work shift, Driving While Intoxicated (DWI) related charges, vehicular collisions, and any moving violation citations Operators and safety sensitive employees are required to report all Driving Under the Influence (DUI) or applicable law. and/or property, such events may result in disciplinary or other appropriate action to the extent permitted by judgment, present a potential risk to the safety and/or security of our customers, employees, premises work shift, to the extent permitted by applicable law. If the circumstances and the offense charged, in our their immediate manager or Human Resources immediately, but no later than prior to the next scheduled Employees of both COR and First Transit are required to report any arrests, indictments or convictions to Duty to Report Law Enforcement Actions that could lead to serious harm, are subjected to the disciplinary process describe later in this section. Submitting an inaccurate or incomplete report · Failure to procure necessary information for an accident report or · Failure to report a safety hazard · Failure to report defective equipment ·Employees that fail to report mandatory items, such as: in-action is egregious, disciplinary action is not warranted. Unless the employee’s action or measures to mitigate those risks. areas where risk of injury to personnel or customers, or destruction of property may exist; and develop encouraged, and in many instances required, of all employees. The primary goal is to be able to identify At COR and First Transit reporting unsafe practices, policy violations, violations of the law, etc. is October 2020 Agency Safety Plan Rochester Public Transportation Page10 | 667 Dischargeable Offenses, the most serious and unacceptable behavior – Class 1 ·disciplinary action are categorized into four categories; First Transit uses a tiered approach to determine possible disciplinary actions. Infractions that lead to The following apply to employees of First Transit. by state or federal law. F. Exceptions: This policy does not apply to a city employee whose discipline is determined exclusively be provided to the employee. lead to disciplinary action. In these situations and as determined by HR, a Tennessen Warning may other investigators, may meet with an employee for the purpose of gathering information that could employment, the supervisor shall consult with the Human Resource Department. Supervisors, or process. Prior to taking any disciplinary action for suspensions, demotions, or termination of City Administrator and Human Resource Director who will select the investigator and ensure a timely serious allegation which may result in a suspension or termination, approval must be obtained by the probationary period for un-satisfactory performance. If an investigation \[2\] is warranted due to a applicable law. The City also reserves the right to terminate an employee at any time during the rights provided by the Home Rule Charter, Civil Service rules, collective bargaining agreement or applicable laws. An employee may have pre-termination hearing rights and post termination appeal Termination occurs by written notice in compliance with the Home Rule Charter and any other E. Termination: An employee may be permanently dismissed from employment with the City. be adjusted to be commensurate with the wage rate of the new position. classification in which the employee is qualified. If an employee is demoted, his or her wage rate will D. Demotion: This action removes an employee from his or her current position and into a lower job Human Resources, will determine the period of suspension. from the workplace, with-out pay, for a specified period of time. The supervisor, in consultation with C. Suspension: A suspension is a form of disciplinary action which results in removing an employee violation of work rules/policies. describes specific disciplinary infractions, such as inappropriate conduct, poor performance or performance or other violations of City policies and/or practices. As noted above, this notification B. Reprimand: A reprimand is written notification given to the employee regarding unsatisfactory copy placed in the employee’s personnel file. be documented in written form. Coaching documentation shall be provided to the employee with a A. Corrective Coaching: When corrective coaching is conducted solely for disciplinary purposes, it must Safety Accountability/Enforcement Program adopted 4/11/2017 reserves the right to deviate from the process and skip any or all degrees of discipline at its discretion. guarantee that one step must precede another step when addressing issues. As previously stated, the City order of increasing formality and severity. These disciplinary steps do not prescribe an order of issuance or without creating a precedent for other future cases. The following progressive disciplinary steps are listed in in different disciplinary actions. The City retains the right to treat each disciplinary action independently the City recognizes that situations appearing similar in scope may have extenuating circumstances resulting commensurate with the offense which may or may not align with the progressive disciplinary steps. Further, October 2020 Agency Safety Plan Rochester Public Transportation Page11 | 668 Reporting for work in an unfit condition ·absences unless otherwise permitted by law Excessive absenteeism, tardiness, starting work late after on the clock, or a pattern of unexcused · Stopping work prior to the end of any shift without management’s permission · Exchanging work assignments (trade) without proper authority · Abusing or misusing sick leave ·include: considered to be serious violations of the First Transit performance code Class 2 Infractions Examples of Failure to Follow Sleeping Passenger Rules · Leaving Bus or Passengers · Failure to Return to Work · Destruction of Property · Sleeping on the Job · Security · Insubordination · Harassment · Violence / Fighting / Threats · Unauthorized Use or Removal of Company / Client Property or Vehicle · Stealing/Theft · Dishonesty · Violation of the Drug & Alcohol Policy · Entering a railroad crossing when the lights are flashing o Running a red light or stop sign o Colliding into the rear of another vehicle or stationary object o Striking a pedestrian o Cell phone use while operating a company vehicle o Failure to properly secure mobility devices o Those include but are not limited to: Safety; some offenses are of such a serious nature that termination is appropriate for the first offense. · Convictions and imprisonment for such offenses as DUI, DWI, child abuse, etc. · include: Class 1 Dischargeable Offenses Examples of depending on the circumstances or repeated violations Lesser violations of the First Transit performance code that may result in disciplinary action – Class 4 · Secondary violations of the First Transit performance code – Class 3 · Serious violations of the First Transit performance code – Class 2 ·October 2020 Agency Safety Plan Rochester Public Transportation Page12 | 669 required endorsements and a medical certificate while driving a Company vehicle session a valid, appropriate driver’s license with Failure of any Operator to have in his or her pos· Use of a Company-owned radio or cell phone for non-Company business during working time · Failure to adhere to the Company Reverse Parking policy for Company vehicles and personal vehicles · Posting, circulating or distributing written or printed material during working times and in working areas · Failure to report law enforcement actions o incomplete report Failure to procure necessary information for an accident report or submitting an inaccurate or o Failure to report a safety hazard o Failure to report defective equipment o Mandatory Reporting failure including: ·code, include: , considered to be secondary violations of the First Transit performance Class 3 Infractions Examples of or restricted areas without proper authority Attempting to enter, entering or assisting any person to enter, or attempt to enter a Company location · Transport of unauthorized persons · Failure to wait for connections or passing up passengers ·certificate for driving a Company vehicle and a medical renew and maintain a valid, appropriate driver’s license with required endorsements Failure of any Operator, Safety Sensitive Employee or employee required to be licensed for driving, to · Failure to operate a Company vehicle according to assigned route or timetable ·Company Working more than an employee’s regularly scheduled hours without advance approval of the · Failure to comply with the Risk Assessment policy ·regulations of Local, State, or Federal governments Failure to observe safety, sanitation, or disciplinary policies of the client or Company, or laws and · Violation of vehicle operating regulations · Failure to wear Company Assigned Shoe Grips when directed to do so · Failure to wear Safety Glasses in compliance with PPE directives ·Uniform Shirt according to Company policies Failure to wear a High Visibility Safety Vest, Reflective Safety Vest, or Company issued High Visibility · Failure to comply with PPE directives · Discourteous or inappropriate attitude or behavior toward passengers or other members of the public · Failing to obtain permission to leave work during normal working hours ·October 2020 Agency Safety Plan Rochester Public Transportation Page13 | 670 violation or preventable accident. Additionally, First Transit may use the following criteria to determine discipline specific to any type of traffic *Within 12 months of first offense, 36 months for safety describes how disciplinary actions are applied. occurring in the relevant time period, is reviewed before determining penalty. The chart below Whenever an employee is subject to discipline, the employee’s work record, including violations Transit may exercise discretion to utilize forms of discipline that are less severe than termination. in accordance with applicable law, without following any formal system of discipline or warning, First Although employment may be terminated at-will by either the employee or First Transit at any time Applying Disciplinary Actions Failure to read notices and bulletins and not making an effort to stay informed · Littering the employee lounge area, restrooms, or any other company property · Failure to inform First Transit of changes in status of dependents for insurance coverage · Failure to provide First Transit with a current address or telephone number · Incompetence or failure to meet reasonable standards of efficiency or effectiveness · Neglect of job duties and responsibilities, or lack of application or effort on the job · Parking a personal vehicle in a restricted area at a Company location ·or uniform, or improperly displaying uniform articles, Company emblem, or authorized pins and badges Reporting for duty in an improper uniform, presenting an untidy, unkempt or dirty appearance of person ·grooming habits, or other requirements established by the client or Company Failure to comply with the dress code, uniform policy, cleanliness, personal hygiene, personal ·that may result in disciplinary action depending on the circumstances or repeated violations, include: , considered to be lesser violations of the First Transit performance code Class 4 Infractions Examples of October 2020 Agency Safety Plan Rochester Public Transportation Page14 | 671 First Transit Employee Handbook.may be taken are described in more detail in the Details of First Transit’s reporting requirements, infractions of company policy, and disciplinary actions that October 2020 Agency Safety Plan Rochester Public Transportation Page15 | 672 hierarchy of controls model (as shown below): To mitigate the hazards that exist in the workplace, the City of Rochester will follow the minimize or eliminate the hazard. engineering controls, operating procedures, training or personal protective equipment can be provided to Workplace hazards identified through any of the methods described above will be analyzed to determine if 4. Solicit employee input on safety hazards that exist in their work environment. existing workplace hazards. 3. Review Injury/Illness Reports, Accident Reports, OSHA 300A Reports, and safety statistics to assess ensure safe working conditions. 2. Routinely conduct inspections of equipment, facilities and operations (both indoors and outdoors) to consultant. assistance of the City’s safety by supervisors with the 1. Work toward developing job hazard analysis for potentially hazardous job tasks within the City, as identified workplace, the City of Rochester will: implementing effective mitigation techniques. To identify potential and/or actual hazards that exist in the their jobs in a safe manner, which includes identifying safety risks and participating in developing and Safety management is at the core of everything done at RPT. All employees are responsible for performing Safety Risk Management Process Safety Risk Management 5.October 2020 Agency Safety Plan Rochester Public Transportation Page16 | 673 prior to performing any work on a vehicle. Maintenance Risk Assessment Form Vehicle –SOP #503a bus yards or on road calls complete a risk assessment using All employees who perform maintenance and repairs to vehicles within transit centers and o Vehicle Maintenance Risk Assessment · inspections. A training document to educate and train employees to conduct effective safety § A reference guide for conducting safety inspections at a facility, and §could exist, the photos and narrative provide: that may be present at First Transit facilities. Although it does not represent all conditions that This Hazard Recognition Manual is intended to be a tool for recognizing potential hazards o Facility Hazard Recognition Manual –SOP #900 · Positive Check-In procedures are to ensure our operators reporting to work are fit-for-duty. o SOP #804 - Positive Check-In Procedures & Reasonable Suspicion ·protect them from personal injury. our facilities and notify employees of the hazards identified and mitigation measures to help A routine safety and health check walkthrough to promptly identify hazardous conditions at o SOP #802 and #802a - Daily Safety & Health Walkthrough and Checklist ·Several tools exist for hazard identification. Among them are: Audit for Compliance · Secure Outside Assistance (when needed) · Modify the Process · Monitor the Process · Measure Performance Against Safety Objectives · Implement Action Plan · Develop and Recommend an Action Plan · Identify Critical Factors in Mitigation of safety risk ·the location safety personnel and through a structured process, employees help: First Transit relies on employees to assist in the hazard identification and resolution process. Working with to implementing any changes to operations. PRIOR identify hazards and consequences to Safety Validation of Change–SOP #208 First Transit also takes an additional proactive step with its inspection of established prevention processes are routinely performed. accident causation based on history. Current traffic conditions are periodically analyzed, and management routinely analyzes records from operations and external sources as they become available to identify unsafe condition and determine possible consequences if the unsafe condition is not corrected. First Transit The objective of hazard identification is to identify those conditions that can cause an accident or create an proactively identify hazards and potential consequences before they cause future accidents or incidents. Administration and local oversight authority is used to implement immediate corrective actions and to reporting, customer feedback, maintenance records; and external sources such as the Federal Transit overall delivery of service. Safety Hazard Identification data from internal sources such as employee First Transit’s efforts to reduce safety risks and improve This process is a vital component in COR and Safety Hazard Identification October 2020 Agency Safety Plan Rochester Public Transportation Page17 | 674 a. Incentives for Safe Driving 2. Transit Service Characteristics and Agency Policies c. Visibility b. Road Surface Condition a. Weather 1. Environment There are five (5) main areas reviewed in this Hazard Identification process: mitigation measures to reduce the risk of a recurrence. determine which, if any hazards existed that may have contributed to the accident or incident and develop Although this information is used proactively, First Transit takes advantage of these opportunities to Procedures exist and are followed regarding resolution of accidents and incidents and capturing data. Accident/Incident Hazard Identification assessment. are tools to help with this Facility Parking Risk Assessment Form–SOP #501b §, and Facility Parking Risk Assessment Guide–SOP #501a § Before operating out of the new location. – Start-up locations §in the bus yard or on company premises Whenever a significant vehicle collision or a pedestrian strike occurs – Unscheduled § Annually § The risk of each facility is assessed as follows: o The Location Manager must ensure compliance with all provisions of this SOP. o identify and prevent these types of collisions for both buses and personal vehicles. will help SOP #501 - Facility Parking Risk Assessment employee injury in parking areas. Inadequate turning areas, blind corners, uneven walking surfaces can all cause collisions or o Facility Parking Risk Management Assessment §6. Is the noise level excessive (below 85-dba)? 5. Are tools associated with the job in good condition? 4. Are there electrical hazards associated with the job? 3. Are there explosive hazards associated with the job? 2. Is the lighting adequate for work conditions? 1. Are there tripping hazards in the job vicinity? include: conducted to evaluate the general conditions. A few of the potential hazards being considered , under which the job is performed is Pre-Survey Job Hazard Analysis Form–#503b SOP Prior to beginning a job hazard analysis, a pre-survey of the working conditions, using o Pre-Survey Job Hazard Analysis · contact their manager.If the answer is “NO” to any of the above assessments the technician is to immediately o Are You Aware of the Potential Risks of Performing this Repair? § Have You Performed the Proper Lock-Out/Tag-Out (LOTO) procedures? § Are You Wearing the Appropriate Personal Protective Equipment (PPE)? § If Task Requires Lifting, Are Lifts Secured, Are Jack Stands Used Correctly? § Are You Properly Trained to Perform the Task? §The assessment includes determining the following. training, skills, knowledge, abilities, tools, and equipment to safely perform the task at hand. requires employees about to perform a maintenance task to confirm they possess the Vehicle Maintenance Risk Assessment –SOP #503 The Risk Assessment process, o October 2020 Agency Safety Plan Rochester Public Transportation Page18 | 675 hazards pose an equal amount of risk to personal safety. categorization of hazards is consistent with risk-based criteria for severity; it reflects the principle that not all Once the hazard has been identified, they are categorized into the following severity levels. The Safety Risk Assessment underlying causes. Information learned from this identification process is used to improve training and reduce or eliminate the Collective Bargaining Agreements. measures in accordance with the provisions of the Employee Handbook and applicable improve those identified behaviors through coaching, retraining and, if necessary, disciplinary The goal of this in-cab camera technology is to proactively identify unsafe behaviors and o and company trends. driving behaviors by providing opportunities to view recorded driving events, driver history This technology is a valuable resource and another tool that helps First Transit instill positive o company or customer vehicle equipped with onboard video technology. system and Company standards that all First Transit employees must follow when operating a provides a summary of the on-board video On-Board Video Technology–SOP #704 o On-Board Video Technology § “known condition”3rd: When the Hazard cannot be removed, Train for the Hazard as a 2nd: Remove the Hazard 1st: Identify the Hazard Accident Prevention/Resolution –5. Hazard Identification i. Pedestrian Volume h. Street Lighting g. Adjacent Lane Use f. Parking e. Capacity d. Traffic Volume c. Geometric Design b. Speed Limit a. Width 4. Road Layout e. Physical Condition d. Psychological Condition c. Personality b. Physical Ability a. Experience 3. Operator f. Passenger Demand Schedules e. Driver Scheduling d. Route Design c. Stop Intervals b. Equipment Maintenance Policies October 2020 Agency Safety Plan Rochester Public Transportation Page19 | 676 Category 4 Severity Category 3 Severity Category 2 Severity Category 1 everity SFrequency Hazard operations) to reduce the hazard to an acceptable level. understand the amount of risk involved in accepting the hazard in relation to the cost (schedule, cost, Identified hazards are placed into the following Risk Assessment Matrix to enable the decision makers to possible Unlikely to occur but experienced may not be assumed occurrence So unlikely, it can be Improbable expected to occur Unlikely but can be occur in life of an item Unlikely but possible to Remote in the system Will occur several times an item sometime in the life of Likely to occur Occasional the system Will occur frequently in item times in the life of the Will occur several Probable experienced Continuously frequently Likely to occur Frequent for Fleet or Inventory Selected Frequency Specific Item Frequency for Occurrence of Likelihood of LevelDescription of Occurrence of a Hazard Likelihood systems. The following chart describes the likelihood of occurrence categories. data, the analysis of reliability and failure data, and/or from historical safety data from other passenger bus is determined based on the analysis of transit system operating experience, evaluation of First Transit safety The next step in assessing the hazard is to determine the likelihood of it occurring. Likelihood of occurrence or procedural deficiencies will result in less than minor injury, occupational illness, or system damage. operating conditions are such that human error, subsystem, or component failure Negligible: –Category 4 counteracted or controlled. illness or system damage and are such that human error, subsystem or component failures can be operating conditions are such that they may result in minor injury, occupational Marginal: –Category 3 require immediate corrective action. procedural deficiencies may cause severe injury, severe occupational illness, or major system damage and operating conditions are such that human error, subsystem or component failure, or Critical: –Category 2 require immediate termination of the unsafe activity or operation. subsystem or component failure, or procedural deficiencies may cause death or major system loss and operating conditions are such that human error, design deficiencies, element, Catastrophic:–Category 1 October 2020 Agency Safety Plan Rochester Public Transportation Page20 | 677 installation of safety devices or development of special procedures. 1. Identify areas where mitigation of safety risk requires a change in the system design, objectives of the mitigation of safety risk process are to: eliminated completely. Resolution of hazards will utilize the results of the risk assessment process. The Mitigation of safety risk consists of reducing the risk to the lowest practical level. Not all safety risks can be Mitigation of safety risk and does not require further mitigation or control. The hazard does not need to be reviewed by the management team Acceptable without review: ·determine if the hazard is adequately controlled or mitigated as is. The Location General Manager and Location Safety Manager must Acceptable with review: ·available for full mitigation. and Location Safety Manager issue a documented decision to manage the hazard until resources are A hazard at this level of risk must be mitigated unless the Location General Manager Undesirable: ·acceptable level while the permanent resolution is in development. service may resume. Interim corrective action may be required to mitigate the hazard to an The hazard must be mitigated in the most expedient manner possible before normal Unacceptable: ·After the assessment has been completed, the follow-up actions will be implemented as follows. Mitigation Determination Safety Risk Mitigation Acceptable without Management Review 4C, 4D, 4E Acceptable with Management Review 1E, 2E, 3D, 3E, 4A, 4B Undesirable (Management decision) 1D, 2C, 2D, 3B, 3C Unacceptable 1A, 1B, 1C, 2A, 2B, 3A Criteria by Index Hazard Risk Index determinations regarding risk acceptance. Based on company policy and the analysis of historical data, First Transit has made the following 4E 3E 2E 1E Improbable (E) 4D 3D 2D 1D Remote (D) 4C 3C 2C 1C Occasional (C) 4B 3B 2B 1B Probable (B) 4A 3A 2A 1A Frequent (A) October 2020 Agency Safety Plan Rochester Public Transportation Page21 | 678 complex and multifaceted resolutions. Additional documentation, such as corrective action plans, are developed for those hazards requiring of personnel 6. Precautionary notation is standardized, and safety-critical issues require training and certification the use of safety and warning devices, procedures and training are used to control the hazard. 5. Where it is impossible to reasonably eliminate or adequately control a hazard through design or the hazard. identified hazard, safety warning devices are used (to the extent practicable) to alert persons to 4. When design and safety devices cannot reasonably nor effectively eliminate or control an to ensure that system safety objectives are met. 3. Provisions are made for periodic functional checks of safety devices and training for employees safety design features or devices. extent practicable to an acceptable level through the use of fixed, automatic, or other protective 2. Hazards that cannot reasonably be eliminated or controlled through design are controlled to the identified hazards are eliminated or controlled by the design of equipment, systems and facilities 1. Design to eliminate or minimize hazard severity. To the extent permitted by cost and practicality, operations, and hazards are eliminated or controlled: following methodologies to assure that system safety objectives are implemented through design and The SST, who was identified earlier in this plan as the team responsible for local safety review, uses the system. 3. Verify that the resolution of a hazard in one system does not create a new hazard in another 2. Verify that hazards involving interfaces between two or more systems have been resolved. October 2020 Agency Safety Plan Rochester Public Transportation Page22 | 679 Reporting an event that occurred and could have caused injury. Hazard Reports. o Reporting an event that occurred and could have caused injury. Near Misses. o Contacts (e.g. Near Misses, Hazard reports, Commendation, Safety Issue) ·debrief meetings. Safety Critical Behavior is the main focus of touchpoints; and shared and discussed during o Debrief meetings conducted in order to assure quality. o BeSafe (BeSafe Debriefs, BeSafe Tours, BeSafe Touchpoints) ·The Safety Toolbox includes information regarding: Reviewing findings from BeSafe tours and determine if tasks/actions have been closed out · Reviewing recorded debriefs to ensure that the “BeSafe” process is in place and working. · Understanding and improving observations of safety critical behaviors · to help understand the work area’s safety environment. This includes:The Safety Toolbox is a powerful tool critical data, and track corrective actions as necessary. Supervisors to Executive Management, to record the occurrence of safety-related events, review safety , which is an online tool used by management, from Road “Safety Toolbox”is managed through the The Location Safety Manager manages resolution of identified hazards. The mitigation of safety risk process reevaluation by the Safety Committee. identified non-compliant or ineffective activities, including mitigations, back into the SRM process for by the Chief Safety Officer to determine where action needs to be taken. The Chief Safety Officer enters any Results from the above processes are compared against recent performance trends quarterly and annually Regular vehicle inspections and preventative maintenance. · Daily data gathering and monitoring of data related to the delivery of service, and · Safety review prior to the launch or modification of any facet of service, · Investigation of safety occurrences, · ESRP, · Safety surveys, · Regular review of onboard camera footage to assess drivers and specific incidents, · Informal inspections, · Safety audits, ·approach to safety at each location. Safety Risk Management of this plan, which uses the following methodologies to ensure a proactive corrected but still reported. RPT also establishes a Safety Solutions Team (SST), described in Section 5: Location General Manager and Location Safety Manager. Any risks that can be addressed immediately are responsible for oversight of the daily operations and training. All safety risks identified are reported to the Additionally, First Transit at RPT employs Street Supervisors, Dispatchers, and Instructors; all of whom are and the Location Maintenance Manager who oversee the safety of the operation. This team consists of the Location General Manager, Location Safety Manager, Location Assistant Manager As discussed in Section 1 of this plan, First Transit employs a Resident Management Team at each RPT. Safety Performance Monitoring and Measurement 6. Safety Assurance October 2020 Agency Safety Plan Rochester Public Transportation Page23 | 680 Describe activities to monitor information reported through internal safety reporting programs. future (SST). non-preventable,(ARC); and identify measures to reduce the risk of the accident/incident occurring in the (SST), review the data collected to determine if the accident/incident was preventable or Solutions Team Safety –SOP #803 (ARC), and Accident Review Committee –SOP #702 The groups described in and managing the scene. also describes the Operators and the Dispatchers responsibilities for protecting the customers SOP #700 Dispatcher on Duty Accident Investigation Responsibility · Operator Responsibility · “Five Cardinal Rules That Apply to an Accident” · Defining the Accident – Accidents · Defining the Event & What to Do ·describes the data collection process including SOP #700-Accident & Safety Data Acquisition The following First Transit SOP is applied. an employee is injured · a passenger is injured or · a vehicle leaves the traveled roadway · a vehicle was damaged ·Investigations include all instances in which: Any injury, collision or incident that occurs is investigated to determine preventability or non-preventability. collisions is our number one goal. . Elimination of preventable injuries and has a “zero” tolerance for preventable injuries and collisions RPT Describe activities to conduct investigations of safety events to identify causal factors. complex and multifaceted resolutions Additional documentation, such as corrective action plans, are developed for those hazards requiring taking through observations, review scores, and skills evaluations. A report of a driver's performance that has indicated a level of risk High interest driver. o A systematic inspection where a location is forewarned. Planned general inspections. o indicated. conducted at nearby intersections, and delivery of positive reinforcement or coaching as Risk assessment or driver observations Intersection observation or risk assessment. o safety meeting. Actively leading or participating in the location in-service Participation in a Safety meeting. o observation) Safety Leadership Activities (e.g. Participate in safety meetings, risk assessment, section ·housekeeping, environment and behavior etc. i.e. maintenance, – A report on any safety issue that has a specific cause Safety issues. o within the business. A report of commendable safety actions/conduct performed by a colleague Commendation. o October 2020 Agency Safety Plan Rochester Public Transportation Page24 | 681 Spreadsheet. Target & Goal through distributes and measures performance specific location region, and company, Develops locations. distribute to and period data Review Safety Dept. Region distributes to then regionally raw data Reorganizes Dept. Services Safety Shared to the reports weekly from gathered data raw risk Send all CompWorkers Injuries/ Collisions/ DeptServices Safety Shared ManagersSafety Region DeptServices Shared DeptRisk (e.g. Quarterly/Monthly)Period Data Review teleconference. during weekly Leadership Region with Senior Review data calls. conference oversight management weekly distributed for reviewed and reports are Weekly Safety. Region sent to report then weekly created as Collector Party Data from Third Information Location. from received Report fax. phone, website, via Collector Data Party to Third then sent created, report claim Occurs, Incident Comp Workers Injuries/ Collisions/ Location Safety Dept Risk Dept Collected Data Third Party Location Daily Collected Information Weekly Data ReviewRisk/Safety Data Flow operating location, to Region management, to corporate and parent company management. The following chart describes how the hazard data flows and is monitored by First Transit; from each investigate to determine the root cause. When accident/incident reports and statistics indicate repetitive accidents/incidents, the LSM and LGM safety and hazard data, which includes searching for repetitive events that might have safety implications. The Location Safety Manager (LSM) and/or Location General Manager (LGM) routinely reviews all location October 2020 Agency Safety Plan Rochester Public Transportation Page25 | 682 awareness. safety training, and procedures, policy and review of include Discussions Managers. Safety and Local and Region Operations, Directors of Region Managers, General Location consists of committee This performance. regions safety include Discussions Managers. Safety and Region Operations, Directors of Region Presidents, Region Vice Presidents, Vice Senior Region consists of This review oversight. and program practices, analysis, best trend performance, include safety Discussions Presidents. Safety Vice Directors and Safety Senior consists of committee This oversight. and safety trend analysis, performance, include safety Discussions divisions. operating Safety for all Presidents of consists of Vice This committee oversight. program analysis, trend performance, include safety Discussions group. operating each President of Safety Vice COO, and President, consists of committee This analysis. for trend commentary and creates risk factors; categorizes reports; creates analyzes; data; Processes analysis. for trend companies Group from First commentary and gathers risk factors; categorizes reports; creates analyzes; data; Processes group. business for each of Safety Directors UK and sent to reports Final CompWorkers Injuries/ Collisions/ Committee Advisory Safety (PRM)Management Review Performance CouncilSafety America First Group Safety CouncilFirst Group (ESC)Committee Safety Executive First Group Safety Dept UK DeptServices Shared Period Data Analysis October 2020 Agency Safety Plan Rochester Public Transportation Page26 | 683 shared throughout the organization. The Risk/Safety Data Flow Chart previously described in this section, illustrates how this information is established prevention processes are routinely performed. based on history. Current traffic conditions are periodically analyzed, and management inspections of an unsafe condition. First Transit routinely analyzes records from our operation to identify accident causation The objective of hazard identification is to distinguish those conditions that can cause an accident or create and to proactively identify hazards before they cause future accidents or incidents. occurrence. Additionally, safety hazard identification data is used to implement immediate corrective actions Which improvement strategies to implement for longer term issues is based on severity and likelihood of risk used that determine how to proceed with improvement strategies that require more time and resources. Section 5 of this plan, Safety Risk Management, describes the risk assessment and mitigation procedures continues to ensure that the mitigation strategy is effective. reporting of these concerns includes the mitigation steps that have been taken. Monitoring of the risk Risk mitigations that can address the safety concerns immediately are carried out but still reported. The can be mitigated immediately or requires more time and resources. improvement. As safety risk is identified, then reported on, a determination is made as to whether the risk The process described previously in this section for monitoring safety data incorporates continuous Continuous Improvement October 2020 Agency Safety Plan Rochester Public Transportation Page27 | 684 concept is described in the following brochure. “BeSafe”The . All employees are trained in the principles of “BeSafe”tours, and touchpoints. recognizing and acknowledging safe behavior and actions through positive reinforcement such as debriefs, is inclusive, collaborative and focuses on ”BeSafe“performance to the next level through behavioral change. is our company-wide approach to safety management. This program takes our safety “BeSafe”this section. , which are described later in “Safe Work Methods” and “BeSafe”Every First Transit employee is trained in offered online via Safe Personnel Training found on the City of Rochester’s intranet.employee’s job responsibilities additional job specific safety training may be provided. Training courses ar confined space, hazard communications, blood borne pathogens, and much more. Depending on the importance of key workplace safety topics such as safety committees, fall protection, protective equipment, All COR employees are required to attend new employee training. New employee training explains the safety of the workplace. Training employees to assess risks and recognize and avoid hazards in the workplace is critical to the overall Employee Training Competencies and Training Safety Promotion 7. October 2020 Agency Safety Plan Rochester Public Transportation Page28 | 685 1. Requirements for Operator Training Mobility Device Lifts/Ramps § Cuts, Punctures, Abrasions, Lacerations § Exposed Fluids, Chemicals, Smoke § Burns, Scalds § Pushing, Pulling, & Twisting § Lifting, Carrying, Holding, and Lowering Objects § Walking & Climbing § Risk Assessment and Injury Avoidance o Disposal contaminated materials § Hi-Vis vests § Safety hand wear § Safety footwear § Safety eyewear § PPE program including requirements for appropriate o mobility devices. physical activities such as entering and exiting vehicles, assisting persons with disabilities, and handling and office environments. The program also makes employees aware of injuries that can result from transportation environments including in vehicle maintenance shops, bus yards, fuel islands, wash bays, New hire training is designed to educate the new employee to the hazards commonly found in the New Hire Training · training curriculum includes: Work Methods”Safe The “ and return to work management program, in controlling workers compensation losses F.O.R.M.) light duty ’s First Occupational Rehabilitation Management (4. To supplement First Transit3. In retraining injured workers so that re-occurrences are avoided 2. In leading supervisors in identifying root causes of workplace injuries 1. In training new hire employees actions posing risks to their well-being and that of their coworkers. This training is to be used: is designed to educate employees on how to identify conditions and ”Safe Work Methods“First Transit’s October 2020 Agency Safety Plan Rochester Public Transportation Page29 | 686 OSHA (R-T-K / MSDS / PPE Training) · Workplace Violence · Wheel Torque Specifications · SafeWork Methods · DVI Procedures · Maintenance Lift Safety · Shop Safety Handbook · NTI - Security Awareness Warning Signs ·”Smith System“ · Defensive Driving · Substance Abuse Policy · Injury prevention and risk assessment · Introduction to First Transit policies & procedures ·Maintenance training includes: proficiency are provided additional training or are removed from training. tested throughout the training program. Trainees who do not demonstrate the required level of addition to receiving training in driving techniques and safety. Trainees are continually evaluated and Maintenance personnel are trained in shop safety, OSHA standards, and vehicle maintenance, in 2. Requirements for Maintenance Training throughout the entire Behind-the-Wheel training phase. on intersections and service stops. The “Smith Driving System” principles are incorporated advanced stage of the road work addresses roadways, highway driving, and continues the instruction Instructor. The road work begins with the basics; intersections, service stops, and backing. The next During the road phase of the training, each student Operator works one-on-one with a First Transit The next phase of Behind-the-Wheel training takes place on the road, but in a controlled manner. make and learn from their mistakes in a safe environment. Instructors to evaluate the skill levels of each employee; and gives each employee the opportunity to behind-the-wheel training takes place on a closed course. This provides the opportunity for the Operator have not been exposed to driving the types of vehicle used at First Transit, the first part of Behind-the-Wheel training is conducted in three phases. Since most people coming to work as a Bus Behind-the-Wheel Training environment, is a theme integrated throughout.keeping themselves and each passenger safe; and their responsibilities in maintaining a safe the safety culture into each Operator. Helping the student Operators understand the importance of The first part of Operator training at First Transit, classroom training, begins the process of instilling Classroom Training they have learned. Training topics include: sessions, video instruction, facilitated discussion, and opportunities for the trainees to practice what training or are removed from training. The Operator training program combines instructor-led program. Trainees who do not demonstrate the required level of proficiency are provided additional transporting passengers. Trainees are continually evaluated and tested throughout the training Applicants are required to successfully complete a comprehensive training program prior to October 2020 Agency Safety Plan Rochester Public Transportation Page30 | 687 recurring section of its staff meeting agendas, and keeps documented minutes of these meetings. As a city Additionally, each department will either form a safety committee(s) that meets regularly, or includes safety as a comprised of representatives of each department who represent both employee and management staff. In accordance with Minnesota Statute § 182.676, the City of Rochester established a City Wide Safety Committee Safety Meetings to improve skill levels in accordance with corporate standards. Where evaluations and observations identify unsafe acts or conditions, retraining is provided daily safety contacts. · ride along evaluations, and · road observations, ·management activities including: The objective of ongoing evaluations is met through a broad spectrum of regularly scheduled First Transit provides ongoing employee training and evaluations. 4. Requirements for Continuing Training and Evaluations CA Only – Hazard Abatement FORM o OSHA Requirements o Customer Service o Code of Conduct o Supervisor’s Report of Reasonable Suspicion o Reasonable Suspicion o Additional Safety Training · Decisions § Performance Management § Conflict Resolution § Building Trust § Communication § The Role of the Supervisor § Supervisor Development o Leadership § Behavior § Accidents § Safety Leadership o The course outline is as follows:found on the Safety Resource Center (SRC), with a passing grade of 90% or better. accidents. Every level of management takes the course and successfully pass an online test, designed to educate all levels of First Transit management on the behaviors surrounding guides which are ROM course consisting of 5 CD’s and leader’s This is an interactive CD- Safety Leadership · “BeSafe” (described in item #1)Staff personnel are trained in Safety Leadership and 3. Requirements for Staff Training October 2020 Agency Safety Plan Rochester Public Transportation Page31 | 688 management and communication Engaging executives and managers at all levels, encouraging their active participation in safety · Communicating safety policies, procedures and processes · Encouraging all employees to “take ownership” for safety results · Generating system-wide participation in safety issues through positive reinforcement ·This program inspires safe behavior among employees at all levels by; incorporating behavioral change as a mitigation measure. commitment to safety, with the objective of continuous improvement by making safety a personal goal and fety to a more personal level. It is a company-wide “BeSafe” takes sa inspiring safe job performance at all levels. program provides the structure and foundation for communicating safety messages and “BeSafe” First Transit’s emails in order to update staff on a variety of topics including safety related information. to promote a safe workplace. COR routinely sends companywide follows its “AWAIR” program in order COR performing safely. plan. This is done, in part, by providing a regular flow of positive information and recognizing those who are safety Establishing and maintaining a culture that demands safe behavior at all times is at the core of RPT Safety Awareness Programs Safety Communication completion of the investigation and completion of any required retraining. A First Transit employee involved in a preventable injury or collision is placed on administrative leave pending injuries and collisions is our number one goal. collisions, elimination of preventable First Transit has a “zero” tolerance for preventable injuries and COR and Retraining Failure to attend all meetings will result in disciplinary actions up to and including termination. o(Unless stated otherwise in the CBA.)staff, and Maintenance personnel. Attendance is a condition of employment and is mandatory for all Operators, Management, Operational ·presentation to all employees A required topic along with a safety campaign including posters and DVD is sent to each location for ·local regulations Each meeting is to be a minimum of one (1) hour in length unless otherwise required by state, client or ·annually with required topics identified by the location and region safety management In addition to COR safety meeting First Transit has Twelve (12) safety meetings are issued to the locations above. department, RPT’s senior staff meetings serves as the Safety Committee as noted in the Key Staff and Activities October 2020 Agency Safety Plan Rochester Public Transportation Page32 | 689 Safety & Security Planning Manual · First Transit Shop Safety Handbook ·807; #807a; #807b; #807c Emergency Action Plan SOP’s # · SOP # 508 - Service Truck & Service Vehicle Visibility · SOP #507 - Pedestrian Visibility and Movement on Company Property · Vehicle Fueling Spill Control SOP’s #506; #506a; #506b; #506c; #506d · Snow Removal Action Plan SOP’s #505; #505a; #505b; #505c – Winter Safety ·#504a; #504b; #504c; #504d Fire Prevention Plan SOP’s #504; · Sub-Contractors Working on Company Property – SOP #502 · SOP #207 - Railroad Crossing Assessment · High Interest Driver SOP’s #206; #206a; #206b; #206c · ome of those SOP’s are as follows.ready mentioned throughout this ASP, s In addition to the SOP’s al service. and provide easily duplicated processes for identifying and mitigating the risks associated with providing transit The SOP’s have been designed to create operational consistency, increase awareness of risks and hazards, developed and incorporated into the operating practices at each First Transit location. , in addition to those mentioned in this plan, have been Numerous standard operating procedures (SOP’s) other Federal or oversight entity upon request. processes and activities will be maintained for three years after creation. They will be available to the FTA or of this SMS; the programs, policies, and procedures used to carry out this ASP; and the results from its SMS This ASP may be updated if a new contracted operator is hired. Documentation related to the implementation 8. Additional Information October 2020 Agency Safety Plan Rochester Public Transportation Page33 | 690 measure, to be achieved within a time period required by the Federal Transit Administration (FTA). means a quantifiable level of performance or condition, expressed as a value for the Performance target that is used to establish targets and to assess progress toward meeting the established targets. means an expression based on a quantifiable indicator of performance or condition Performance measure U.S.C. 5302(14). of a public transportation system means a provider of public transportation as defined under 49 Operator stock, or infrastructure does not disrupt the operations of a transit agency. means an Event without any personal injury in which any damage to facilities, equipment, rolling Occurrence systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. means the plan to improve the safety of all public transportation National Public Transportation Safety Plan hazard, for the purpose of preventing recurrence and mitigating risk. means the process of determining the causal and contributing factors of an accident, incident, or Investigation that disrupts the operations of a transit agency. or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure means an event that involves any of the following: A personal injury that is not a serious injury; one Incident public transportation system; or damage to the environment. cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a means any Accident, Incident, or Occurrence. Hazard means any real or potential condition that can Event approve a recipient or subrecipient's Public Transportation Agency Safety Plan. recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and means an entity that carries out duties similar to that of a Board of Directors, for a Equivalent Authority with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance agency's Transit Asset Management Plan; and control or direction over the human and capital resources Public Transportation Agency Safety Plan of a public transportation agency; responsibility for carrying out the means a single, identifiable person who has ultimate responsibility for carrying out the Accountable Executive any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. person; a collision of public transportation vehicles; a runaway train; an evacuation for life safety reasons; or means an Event that involves any of the following: A loss of life; a report of a serious injury to a Accident 9. Definitions of Terms Used in the Safety Plan October 2020 Agency Safety Plan Rochester Public Transportation Page34 | 691 Guam, American Samoa, and the Virgin Islands. means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, State rail fixed guideway public transportation system. 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles in peak revenue service and does not operate a means a recipient or subrecipient of Federal financial assistance under Small public transportation provider percent of the body surface. or third-degree burns, or any burns affecting more than 5 Involves any internal organ; or (5) Involves second-fractures of fingers, toes, or noses); (3) Causes severe hemorrhages, nerve, muscle, or tendon damage; (4) within 7 days from the date of the injury was received; (2) Results in a fracture of any bone (except simple means any injury which: (1) Requires hospitalization for more than 48 hours, commencing Serious injury for identifying hazards and analyzing, assessing, and mitigating safety risk. means a process within a transit agency's Public Transportation Agency Safety Plan Safety Risk Management significance or value of its safety risks. activity whereby a transit agency determines Safety Risk Management priorities by establishing the as applied to the transit agency's public transportation system. Safety risk assessment (SRA) means the formal means a combination of training and communication of safety information to support SMS Safety Promotion target means a Performance Target related to safety management activities. Safety performance means a Chief Safety Officer or an equivalent. Safety Management System (SMS) Executive procedures, practices, and policies for managing risks and hazards. safety risk and assuring the effectiveness of a transit agency's safety risk mitigation. SMS includes systematic ormal, top-down, organization-wide approach to managing means the f Safety Management System (SMS)safety. transit agency's safety objectives and the accountabilities and responsibilities of its employees in regard to means a transit agency's documented commitment to safety, which defines the Safety Management Policy means any Accident, Incident, or Occurrence. Safety Event meets or exceeds its safety objectives through the collection, analysis, and assessment of information. ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the transit agency means processes within a transit agency's Safety Management System that functions to Safety Assurance means a method or methods to eliminate or reduce the effects of hazards. Risk mitigation means the composite of predicted severity and likelihood of the potential effect of a hazard. Risk transit agency that is required by 49 U.S.C. 5329 and this part. means the documented comprehensive agency safety plan for a Public Transportation Agency Safety Plan October 2020 Agency Safety Plan Rochester Public Transportation Page35 | 692 transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625. effective, and reliable public roviding safe, cost-and costs over their life cycles, for the purpose of pinspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, means the strategic and systematic practice of procuring, operating, Transit Asset Management Plan means an operator of a public transportation system. Transit agency performance. means the condition in which a capital asset is able to operate at a full level of State of good repair October 2020 Agency Safety Plan Rochester Public Transportation Page36 | 693 Vice President United Kingdom Safety Solutions Team SST Safety Risk Management SRM Safety Resource Center SRC Standard Operating Procedure SOP Safety Management System SMS Safety Management Policy Statement SMPS )First Transit(Both City of Rochester and Rochester Public Transit RPT Rochester Olmsted Council of Governments ROCOG Public Transportation Agency Safety Plan PTASP Performance Review Management PRM Personal Protective Equipment PPE Occupational Safety & Health Administration OSHA Operations OPS Maintenance MNT Minnesota Department of Transportation MNDOT Location Safety Manager LSM Out-Out/Tag-Lock LOTO General Manager LGM Human Resources Federal Transit Administration FTA First Occupational Rehabilitation Management F.O.R.M. Group AmericaFirst FGA Employee Safety Reporting Program ESRP Executive Safety Committee ESC Driving While Intoxicated DWI Driving Under the Influence DUI Department of Transportation DOT Chief Safety Officer CSO City of Rochester, MN COR Federal RegulationsCode of CFR Agency Safety Plan ASP Accident Review Committee ARC Meaning Acronym or Abbreviation 10. Acronyms and Abbreviations. October 2020 Agency Safety Plan Rochester Public Transportation Page37 | 694 empowered to report unsafe acts and working conditions without fear of reprisal. and acknowledging safe behavior and actions through positive reinforcement. All employees are - focuses on recognizing the driving force behind First Transit’s Safety Management Policy – “Be Safe”To improve business performance 3.To make safety a personal core value through behavior change 2. e progress on our way to “Zero Harm”To mak 1.Management System (SMS) with three clear objectives: program is the foundation of First Transit’s Safety “Be Safe”passengers and employees. Our -being of our At the core of First Transit’s mission is the commitment to protecting the safety and well Safety Management Policy “Think Safe, Act Safe, BeSafe”adopted the core philosophy of, program, we are striving to build a cultural identity that is continually focused on safety. First Transit has replace risky behaviors and thought processes that jeopardize safety in the workplace. Through the operate. First Transit’s Safety Management System (SMS) encourages all First Transit employees to ZERO harm to our customers, our employees, our shareholders, and the environments in which we We believe these values to be essential components in our aim to achieve ZERO safety events, resulting in Setting the Highest Standards ·Accountable for Performance ·Supportive of Each Other ·Dedicated to Safety ·Committed to our customers ·conducting our business in a way that aligns with our core values: structure with strong customer-centric, local operations. Throughout the company, our focus is Global in scale and local in approach, First Transit is an organization which combines a robust corporate Introduction Safety Management Policy Statement Appendix A: First Transit Safety Policy October 2020 Agency Safety Plan Rochester Public Transportation Page38 | 695 manner possible. enforces policies and procedures to ensure all employees are conducting their business in the safest which gathers, analyzes, and communicates the safety information throughout the organization; and Committees, Local Client Liaison Committees at each local operation; the corporate Safety Department at First Transit has many forms; including Safety Solution Teams, Accident Review Safety Management DOT, and OSHA safety and operating requirements and recommendations. procedures; employee and management observation of operations; and compliance assurance of FTA, reporting; continuous training and safety campaigns; employee safety evaluation reporting programs and includes our comprehensive audit and inspection regime; hazard identification and Risk Reduction operations; resource management; and future direction of First Transit. collection from which critical decisions are formulated that impact daily, short term, and long-term depends upon honest and open communication from all employees; data Leadership and Engagement element includes safety as a top priority. . Each Performance Management; and Safety Management; Risk Reduction; Leadership and Engagement l aspects of First Transit’s operations is based on four key elements: Performance improvement in al stop and find a safer way of doing things. colleagues and customers. If you assess something to be unsafe, you should have the courage to We are all empowered to accept responsibility for our own safety and the safety of our Courage:continuously improve work place safety. Reporting of incidents and near misses will be seen as learning opportunities to Learning: · at “debriefs” will be open and honest.communication Regular positive coaching interactions, or “touchpoints” will take place and Openness: · colleagues “doing it right” and positively reinforcing these actions. While not ignoring actions that undermine safety, the focus will be on acknowledging Recognition: ·incidents. Our greatest efforts will be directed at the key safety behaviors that will help reduce Knowledge: · The guiding principles that drive First Transit’s SMS program are: Safety Management Policy Statement October 2020 Agency Safety Plan Rochester Public Transportation Page39 | 696 11/09/2020Mayor, City of Rochester President Bradley A. Thomas Sincerely, responsibility and our ability to meet these expectations. resources and environment from harm, now and into the future. We take great pride in this We at First Transit depend on every member of our team to do everything possible to protect our transportation in as safe a manner as possible. as well as the safety of colleagues and customers; and to perform the daily tasks of providing public the highest levels of management to the employees on the street, has a responsibility for their own safety words contained in this policy statement. While our roles may vary, everyone in our organization, from As President of First Transit, I know our commitment and passion for safety runs far deeper than the Ongoing Company-Wide Commitment tools employed to ensure that safety is first and foremost in everything we do. meetings between mid-level and upper management to review safety concerns; are a sampling of the monthly; major events calls, which alerts management in real time of safety events; and regular calls and scorecards; the Critical Activity Record Entry program which captures and compares safety data safety to evaluate First Transit’s progress toward Zero safety events. Daily reports; monthly location ,the final key element, uses many Key Performance Indicators relating to Performance Management Safety Management Policy Statement October 2020 Agency Safety Plan Rochester Public Transportation Page40 | 697 \[document follows this cover sheet\] ASSET MANAGEMENT PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT K 698 Transit Asset Management Plan Page 1 Rochester Public Transit Transit and Parking Coordinator Prepared by Aaron Buckley, TDM-CP 2022 Transit Asset Management PlanRochester Public Transit Goals 699 Transit Asset Management Plan Page 2 was placed into service, cost basis, and condition rating. software system. Included in the inventory is make, model, year of vehicle, mileage, the year the vehicle RPT maintains an accurate, current inventory of all revenue vehicles within the MnDOT’s Black Cat Grants ROLLING STOCK: cost basis, and condition rating. The inventory contains information regarding the original cost, the year the asset was placed into service, FACILITIES: categories: relate to this Plan is attached as Attachment 2 - Equipment Inventory and are organized by the following A complete inventory of assets is kept by the City of Rochester’s Finance Department. Transit assets that Inventory of Assets management should be expected to be made that will bring the system’s assets to the performance target. met or exceeded their ULB. If gaps exist between current condition and performance target, changes in condition that has met or exceeded their ULB; and 10% or less of any equipment in a condition that has condition that has met or exceeded their Useful Life Benchmark (ULB); 10% or less of its vehicles in a Based on the attached tables, RPT’s performance target is to maintain 10% or less of its facilities in a Management Performance Targets. MnDOT’s performance targets are listed on Attachment 1 – MnDOT State of Good Repair Transit Asset including future replacement. goal of this plan is to maintain and/or improve the condition of all transit assets within Rochester, MN as provided by the Federal Transit Administration and the Minnesota Department of Transportation. The RPT’s maintenance policies and procedures reflect compliance with all applicable regulatory requirements Performance Target RPT is located in Rochester, Minnesota and is the provider of publicly funded transit for the community. Service Provider safety risk to users. performance” – that is, the asset can perform its designed function and does not pose an unacceptable the condition at which a capital asset is able to operate at a “full level of State of Good Repair: ensures safe, clean and comfortable transit vehicles on the road and maximizes transit vehicle life. while maintaining them at, or above, the State of Good Repair (SGR). An effective maintenance plan guidance that will enable RPT to properly maintain and service its assets in support of revenue operations every four years. The purpose of the plan is to provide consistent, systematic and integrated program Transit Administration (FTA) TAM Final Rule - 29 CFR 624 requires all recipients to develop a TAM plan reliable, and high quality transit services while making maximum use of financial resources. The Federal The goals of the Rochester Public Transit (RPT), Transit Asset Management (TAM) Plan are to support safe, EQUIPMENT: 700 Transit Asset Management Plan Page 3 maintenance is documented. listed on the repair order and corrected prior to returning the transit vehicle to service. All preventive During the PM scheduled service, the mechanic will document all defects found and will have all defects suggested recommendations. safety and reliability of assigned equipment. Preventive maintenance is based on the manufacturer’s Regular maintenance is performed at pre-scheduled cycles to ensure optimal performance, efficiency, ROLLING STOCK: is noted and performed as soon as possible. All inspections are documented. Transit Operations Center. Inspections are performed routinely and any corrective maintenance needed Regular preventive maintenance is performed on RPT facilities at the City of Rochester’s Public Works and FACILITIES: Preventive Maintenance (PM) Inspection Report. Plan highlights are contained below. and Combined Maintenance Documents. A vehicle inspection report is listed in Attachment 6 – Vehicle contracted transit service operator’s maintenance plan is Attachment 5 – First Transit Maintenance Plan Attachment 4 - City of Rochester Public Works & Transit Operations Center Facility Maintenance Plan. Our reviews and spot checks maintenance records annually. The facility maintenance plan can be found in encompasses both preventative and corrective maintenance and are on file with MnDOT. MnDOT also RPT has established comprehensive maintenance plans for its facilities and rolling stock. The plans Preventative Maintenance and Corrective Maintenance remaining. This inspection will be performed annually by RPT’s staff and records kept on file locally. An inspection, done annually, will establish the condition rating of equipment based on useful life EQUIPMENT: rating. The condition rating will be recorded in MnDOT’s December vehicle statistics report annually. RPT’s contracted transit service operator will perform an annual assessment to establish a condition ROLLING STOCK: facilities. This rating will be included in the annual Facility Checklist performed by MnDOT’s staff. MnDOT’s Office of Transit and Active Transportation staff will determine the condition rating of all FACILITIES: Remaining Useful Life. software annually. MnDOT Condition Ratings are listed on Attachment 3 – Asset Condition Rating and These ratings will be recorded by Office of Transit and Active Transportation Staff or in Black Cat Grants MnDOT has established condition ratings to be used for all facilities, revenue vehicles, and equipment. Condition Ratings original cost, the year the asset was placed into service, cost basis, and condition rating. more. This inventory is also maintained in the Black Cat Grants System software. The inventory contains RPT also maintains an accurate, current inventory of all equipment with an original value of $50,000 or 701 Transit Asset Management Plan Page 4 Pre-Trip Inspection and the Preventive Maintenance process. The lift is cycled as part of the Pre-Trip of the Americans with Disabilities Act (ADA), monitoring of all wheelchair lifts is included as part of the The Pre-Trip Inspection form includes inspection of wheelchair lifts. In compliance with the requirements repair work warrants not using that vehicle and a spare vehicle will be used until the work is completed. necessary repair work needed to be completed. The following driver will determine whether the vehicle kept in the vehicle for information for the subsequent driver. Post-trip inspections will contain any regarding the condition of the vehicle when the work day is completed. Post-trip inspection sheets are Post-trip inspections are performed at the end of the driver’s work schedule and contain information manager and monitored for completion and any noted defects. being put into service. Pre-trip inspection sheets are turned in to RPT’s contracted service operator’s the designated Pre-Trip Inspection form. This is done to ensure that all vehicles are inspected prior to Drivers perform a comprehensive checklist of essential maintenance elements and record the results on Pre-Trip/Post-Trip Inspections equipment will be recorded and maintained for as long as RPT owns the equipment. Individual maintenance records will be kept for all equipment. All maintenance performed on the vehicle will be recorded and maintained for as long as RPT owns the vehicle. Individual maintenance records will be kept for each revenue vehicle. All maintenance performed on the be recorded. Individual maintenance records will be kept for all facilities. All maintenance performed on the facility will Maintenance Records report the repair needed. All work will be documented and dated. When corrective maintenance is required, the person responsible for the equipment will identify and EQUIPMENT: mileage. and reported. RPT’s contracted service operator’s mechanics will document all work done, dates, and When corrective maintenance is required, drivers/mechanics will insure that repairs needed are identified ROLLING STOCK: the repair needed. All work will be documented, dated, and noted on an annual inspection form. When corrective maintenance is required, the person responsible for the facility will identify and report FACILITIES: Corrective Maintenance (CM) $50,000 or greater at the manufacturer recommended timeline. Preventive maintenance is performed on all equipment owned by RPT that has an original value of EQUIPMENT: Inspection, and maintenance will include replacement of worn components and all adjustments as 702 Transit Asset Management Plan Page 5 ULB are considered and used for vehicle replacement decisions. Occasionally, vehicles remain on the asset RPT sets its own vehicle replacement schedule; however, the FTA’s minimum useful life and the State’s dates are tracked in this replacement plan. revenue vehicle replacement plan within the Black Cat Grants. Projected vehicle costs and replacement consider the request and determine its funding source upon approval. RPT also maintains a ten-year and Technology. Upon review of all documents, MnDOT’s Office of Transit and Active Transportation will Transit and Active Transportation annually provides grant applications for Vehicles, Facilities, Large Capital 4 year capital project plan to Rochester-Olmsted Council of Governments and MnDOT. MnDOT’s Office of All capital project improvements are taken into consideration on an annual basis. RPT annually updates a Capital Project Implementation borne pathogens (body fluid spills) kit, and a seat belt cutter. Additional emergency equipment on board each vehicle includes: a first aid kit, reflective triangles, blood Fire extinguishers with an ABC rating are located within easy reach of the bus driver and are tested yearly. Emergency equipment is located on all rolling stock and is inspected as part of the Pre-Trip Inspection. Emergency Equipment on Vehicles All active rolling stock vehicles are stored inside at the Public Works Transit Operation Center garage. Vehicle Storage periodic more thorough cleaning. Exterior washing will be done as weather conditions allow. Vehicles will be monitored for interior and exterior cleanliness. This will include daily cleaning as well as Vehicle Servicing any concerns can be taken care of before the warranties expire. All warranty work will be recorded. and where the item should be serviced, so that problems can be addressed by the appropriate source and are repaired and maintained under the manufacturer’s warranty. Warranties are monitored for expiration Vehicle, parts warranties, equipment and facility components are monitored to make sure that all assets Warranty Recovery vehicle available for each scheduled route is a priority for RPT. be made to have a replacement vehicle in place as soon as it is reasonably possible to do so. Having a as soon as possible. Backup vehicles are not immediately available in all locations. However, efforts will In the event of a transit vehicle breakdown, a spare unit will be provided to replace the disabled vehicle Vehicle Breakdown Inspection Report that is being used by RPT. necessary for peak performance. Attachment 6 – Vehicle Inspection Report is an example of the Vehicle 703 1 704 Transit Asset Management Plan Page 7 Attachment 1 - MNDOT State of Good Repair Transit Asset Management Performance Targets 20 SheltersSeating20 Park & Ride Auto Parking/Passenger Seating 40 Transfer Facility Auto Parking/Restrooms/Passenger Seating 40 Maintenance age/Wash/Dispatch/Training & Administrative Offices StorAdmin. Facility Garage-Operations-40 Storage/Wash/Dispatc h/Training/Light Maintenance Facility Garage-Operations 40 Bus Garage Bus Storage/ Wash (Years)Usage Useful Life BenchmarkTypical Characteristics Category ansit facilities -- Table 3 Benchmark for trUseful Life 5125,000$68,000100,00022 10 to 14,000 16 to 28 ft.6,000 toClass 300 Light-Duty Small Bus 6180,000150,000$206,000 $79,000 to 25 16 to 16,000 25 to 35 ft.10,000 toClass 400 Light-Duty Mid-Sized Bus 8230,000200,000$174,000 $138,000 to 30 22 to 26,000 30 ft.16,000 toBus Class 500 Medium & Purpose-Built 11385,000$227,00010350,00035 26 to 33,000 30 ft.26,000 toClass 600 Heavy-Duty Small Bus 13540,00012500,000524,000 $471,000 -40 27 to 40,000 35 to 60 ft.33,000 toClass 700 Heavy-Duty Large Bus Miles Years Miles Years (Whichever comes first) (Whichever comes first) 2017Cost Average Seats GVW Approx. Length Life Benchmark MNDOT Useful Life FTA Minimum Typical Characteristics Category transit vehicles -- Table 2 Benchmark for Useful Life 90% Life Benchmark exceed Useful 10%Facilities: Maintenance, administrative, passenger, & parking 90% Life Benchmark exceed Useful 10%Rolling Stock: All revenue vehicles (Classes 100 to 700) 90% Life Benchmark exceed Useful 10%>$50,000 Equipment: All non-revenue service vehicles & equipment assets Target to MeetTAM System Than TAM Target; No More Performance Measure Assets Performance Management for all Assets -- Table 1 transit performance targets: lished State of Good Repair (SGR) The Office of Transit has estab Facilities Inventory 705 Transit Asset Management Plan Page 8 Attachment 2 - Rochester Public Transit Facilities, Rolling Stock, and Equipment Inventory PWTOC Building B Transit Garage Description2022Rochester Public TransitAttachment 2 - Equipment Inventory Downtown Bus StopsPWTOC Building E Transit Fleet Garage60.00249249Gillig Low Floor Transit Bus $299,903.00200714464,444 3.360.00248248Gillig Low Floor Transit Bus $299,903.00200714539,983 3.260.00247247Gillig Low Floor Transit Bus $299,903.00200714519,069 3.260.00246246Gillig Low Floor Transit Bus $299,903.00200714535,461 3.260.00245245Gillig Low Floor Transit Bus $289,734.00200516467,812 3.460.00244244Gillig Low Floor Transit Bus $289,734.00200516463,936 3.260.00243243Gillig Low Floor Transit Bus $289,734.00200516465,474 3.360.00242242Gillig Low Floor Transit Bus $289,734.00200516381,936 3.260.00241241Gillig Low Floor Transit Bus $281,607.00200516560,290 3.360.00240240Gillig Low Floor Transit Bus $281,607.00200516500,712 3.260.00239239Gillig Low Floor Transit Bus $281,607.00200516435,408 3.260.00238238Gillig Low Floor Transit Bus $281,607.00200516461,250 3.160.00237237Gillig Low Floor Transit Bus $281,607.00200516407,135 3.260.00236236Gillig Low Floor Transit Bus $281,607.00200516465,806 3.260.00234234Gillig Low Floor Transit Bus $280,341.00200417464,295 2.960.00233233Gillig Low Floor Transit Bus $280,341.00200417369,025 360.00232232Gillig Low Floor Transit Bus $280,341.00200417422,114 2.960.00231231Gillig Low Floor Transit Bus $280,341.00200417449,430 2.960.00230230Gillig Low Floor Transit Bus $280,341.00200417485,815 2.960.00229229Gillig Low Floor Transit Bus $273,986.00200318428,116 2.760.00228228Gillig Low Floor Transit Bus $273,986.00200318450,384 2.760.00227227Gillig Low Floor Transit Bus $273,986.00200318454,597 2.760.00226226Gillig Low Floor Transit Bus $273,986.00200318532,454 2.760.00225225Gillig Low Floor Transit Bus $273,986.00200318434,065 2.860.00224224Gillig Low Floor Transit Bus $273,986.00200318437,065 2.760.00223223Gillig Low Floor Transit Bus $273,986.00200318438,694 2.960.00222222Gillig Low Floor Transit Bus $273,986.00200318407,068 2.760.0002525Chevrolet ARBOC $167,369.792021039,704 4.960.0002424Chevrolet ARBOC $167,369.792021045,708 4.860.0002323Chevrolet ARBOC $167,369.792021048,092 4.860.0002222Chevrolet ARBOC $167,369.792021049,400 4.860.0002121Chevrolet ARBOC $167,369.792021038,107 4.860.0002020Chevrolet ARBOC $167,369.792021044,087 4.860.0001919Chevrolet ARBOC $167,369.792021028,385 4.860.0001818Chevrolet ARBOC $167,369.792021038,546 4.860.0001717Chevrolet ARBOC $167,369.792021044,374 4.860.0001616Chevrolet ARBOC $159,876.0020147227,255 3.560.0001515Chevrolet ARBOC $159,876.0020147232,013 3.5 RatingCondition 10/31/21Miles as of YearsAge in YearService Start Asset # Unit #DescriptionBasisRolling Stock Inventory Useful Life Benchmark Assesment: All equipment listed above meet RPT's Useful Life Benchmark targets15035~$2,248,585.002010114.01738997.00326PWTOC Transit Bus Garage Expansion$5,688,353.002019251268097.00325$5,168,587.00201294.01267797.00310$8,399,251. 00201294.0 RatingCondition Service Asset # Unit #Basis Rolling Stock Inventory 706 Transit Asset Management Plan Page 9 Number of 400 series buses that are in the fleet 11400 Series Buses that are over the 6 year ULB threshold 2RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 41%Number of 700 series buses that are in the fleet 66700 Series Buses that are over the 13 year ULB threshold 27 Rolling Stock Age Useful Life Benchmark Assesment:Fleet average State of Good Repair assesment rating 4.1-289New Flyer 60 Ft Electric Bus$1,350,137.002022005-288New Flyer 60 Ft Electric Bus$1,350,137.00202200560.00287287Gillig Low Floor Transit Bus $452,852.002018399,008 4.960.00286286Gillig Low Floor Transit Bus $452,852.0020183130,927 4.960.00285285Gillig Low Floor Transit Bus $452,852.0020183118,560 4.960.00284284Gillig Low Floor Transit Bus $452,852.0020183108,415 4.960.00283283Gillig Low Floor Transit Bus $452,852.0020183150,270 4.960.00282282Gillig Low Floor Transit Bus $452,852.0020183124,359 4.960.00281281Gillig Low Floor Transit Bus $452,852.0020183157,999 4.960.00280280Gillig Low Floor Transit Bus $452,852.0020183146,894 4.960.00279279Gillig Low Floor Transit Bus $452,852.0020183150,318 4.960.00278278Gillig Low Floor Transit Bus $452,852.0020183151,028 4.960.00277277Gillig Low Floor Transit Bus $452,852.0020183131,956 4.960.00276276Gillig Low Floor Transit Bus $452,852.0020183146,296 4.960.00275275Gillig Low Floor Transit Bus $452,852.0020183143,932 4.960.00274274Gillig Low Floor Transit Bus $452,852.0020183138,739 4.960.00273273Gillig Low Floor Transit Bus $452,852.0020183147,581 4.960.00272272Gillig Low Floor Transit Bus $452,852.0020183131,867 4.960.00271271Gillig Low Floor Transit Bus $452,852.0020183121,920 4.960.00270270Gillig Low Floor Transit Bus $446,225.0020147173,460 4.860.00269269Gillig Low Floor Transit Bus $446,225.0020174159,964 4.860.00268268Gillig Low Floor Transit Bus $446,225.0020174202,633 4.860.00267267Gillig Low Floor Transit Bus $446,225.0020174187,387 4.860.00266266Gillig Low Floor Transit Bus $446,225.0020174196,724 4.860.00265265Gillig Low Floor Transit Bus $437,843.0020156263,783 4.660.00264264Gillig Low Floor Transit Bus $437,843.0020156265,736 4.660.00263263Gillig Low Floor Transit Bus $437,843.0020156270,132 4.660.00262262Gillig Low Floor Transit Bus $437,843.0020156254,835 4.660.00261261Gillig Low Floor Transit Bus $437,843.0020156244,647 4.660.00260260Gillig Low Floor Transit Bus $437,843.0020156240,075 4.660.00259259Gillig Low Floor Transit Bus $437,843.0020156258,464 4.360.00258258Gillig Low Floor Transit Bus $395,548.0020147247,111 4.360.00257257Gillig Low Floor Transit Bus $395,548.0020147261,373 4.360.00256256Gillig Low Floor Transit Bus $395,548.0020147246,596 4.360.00255255Gillig Low Floor Transit Bus $395,548.0020147236,418 4.360.00254254Gillig Low Floor Transit Bus $364,364.00201110304,743 460.00253253Gillig Low Floor Transit Bus $363,648.00201011327,420 3.960.00252252Gillig Low Floor Transit Bus $363,648.00201011295,315 3.960.00251251Gillig Low Floor Transit Bus $363,648.0020101160,130 3.9 RatingCondition 10/31/21Miles as of YearsAge in YearService Start Asset # Unit #DescriptionBasis Percent of fleet that exceed the ULB 18%707 Transit Asset Management Plan Page 10 At this time RPT has no equipment over the reporting threshold of $50,000.Equipment Inventory RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 18%Number of 400 series buses that are in the fleet 11400 series buses that are over the 180,000 ULB mile threshold 2RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 2%Number of 700 series buses that are in the fleet 66700 series buses that are over the 540,000 ULB mile threshold 1 Rolling Stock Miles RPT Target is 10% of the fleet not to exceed UBL 2 708 Transit Asset Management Plan Page 11 Attachment 3 - Asset Condition Rating and Remaining Useful Life GR S<in>2.5In– corrective maintenance (repairs)PM- preventative maintenance and CM ²?operable non-Asset non-operableAssetoperable Asset non-operableAsset non-operable Asset non-0 Poor1.0 to 1.9interruption potential service CM costs and present excessive Continued use standards industry not meet problems; does and reliability performance Frequent components have critically replacement; may Asset in need of life past useful Asset is 1 2.0 to 2.9repairs) months between CM (less than 6 Requires frequent elements standard serious; sub-becoming more problems and reliability Performance maintenance needs components; deteriorating of defects; Increasing number useful life at end of its nearing or Asset 2 3.0 to 3.9mos. major CMs infrequent > 6 minor CM or Requires frequent some areas sub-standard in issues; may be and reliability performance Occasional components deteriorated defective or Some moderately point at its midlife nearing or Asset 3 Good4.0 to 4.7repairs) months between (more than 6 infrequent CM order; requires Good working standards metrics, industry and reliability performance meets Asset generally deterioration defects or wear; some slight minimal signs of Asset showing new or nearly under new Asset just 4 Excellent4.8 to 5.0Only routine PM standards metrics, industry and reliability performance exceeds all Asset meets or defects new; no visible Asset new or like new or nearly Asset new 5 range Rating CM Level of PM and Safety) Ambience, (Reliability, Maintenance) (Quality, Required Remaining Useful Life Percent of Asset Condition Maintenance Level of Performance Asset AgeAsset ConditionAssetScore Asset Asset Criteria and Scoring System – vehicles and facilities ASSET CONDITION MEASUREMENT EXAMPLE- Table 1 capital responsibility.” for assets for which they have direct Agencies only need to include condition assessmentservice vehicles, and any other owned equipment assets over $50,000 in acquisition value. hared resources. The inventory must include all assets that are owned by a third party or sh the exception of equipment) ventory. This includes (witincluded in the TAM Plan asset inused in the provision of public transit will be Per the FTA, “it is expected that all assets 1 709 Transit Asset Management Plan Page 12 Attachment 4 - City of Rochester Public Works & Transit Operations Center Facility Maintenance Campus Electronic Security•Sectional Overhead Doors•Coiling Overhead Doors•High Speed Overhead Doors•Boilers, Water Heaters, Waste Oil HeatersHVAC Water to Water Pumps, Heat Pumps, Make Up Air Units, Heat Recovery Units,•Winona Controls HVAC•Geothermal Energy Systems•& UPSGenerac Generators (4)•Lighting Control & Design•Including Wash ReclaimManual & Automatic Vehicle Wash Bays•Fueling Stations (3)•Employee Parking Lot•Overhead Lifts•Stertil Koni Vehicle Lifts•Fleet Maintenance Garage & Warehouse•Parking Garages•Office, Conference & Break Room Areas•:FACILITY DESCRIPTIONto the communityEnsure that our facility(ies) remain(s) an asset•Minimize service disruptions•Provide a safe environment for the public and staff•regulationsAdministration, the Americans with Disabilities Act, and state and localMeet the requirements of the Transit and Rail Division, Federal Transit•Maximize facility and equipment service life•Maintain facilities and equipment in safe operating condition•the facilities and equipment.to the specifications in the operation and maintenance manuals provided withminimumfacilities and equipment used in support of public transit will be maintained at aThe:OBJECTIVEScan provide.and support program wecannot be maintained without the most efficient operating customers ourto quality highest theof Service feasible. financially standards highest the to transit publicand provideinvestment in and prolong the useful life of its assetsto protect itsequipmentandfacility(ies)itsmaintainsdivisionsTransit & Works Public Rochester, of City The :POLICY STATEMENT Facility Maintenance Program Public Works & Transit Operations CenterCity of Rochester 710 Transit Asset Management Plan Page 13 and supplies prepared before the season. A facility inspectorby Ice and snow removal from parking lots and walkways shall be coordinated completed.nspector will help determine when re-striping and sealing need to be etc. The iks, holes, crumbling, The parking lots will inspected for large crac-- Parking Lots 9) replacement when needed. Fences shall also be inspected. grass cutting, weeding, mulch and live growth maintained to include trimming,sure that all landscaped areas are will en A facility inspector -- Landscaping 8) and general appearance issues.to: doors, sidewalks, windows, flashings, roof, vents, all extrusions, caulking, signage mited and needed repairs noted and requested. This inspection shall include, but not be liexterior of the building will be inspected monthly The -- Painting & Exterior Care 7) weekly.Automatic start test are run . ce annually as per the contractit is serviced twiverify the unto ensure proper operation and to with Titan Energy Service maintenance agreementugh a hro-up power systems will be inspected tThe back -- & UPS Generators 6) \]repairs.for additional and according to the above criteria erviced by Egan Company also be srs will aste oil heateoperation, debris build up or any other blockages, etc. \[The wgeneral filters cleaned, replaced and dated as appropriate. Outdoor units will be inspected for and have air Egan Companies ystem will be inspected monthly by the each saddition, Egan Company through a maintenance contract. In peak efficiency by operate atAll units will be maintained to Egan Company service Plan. according to theserviced These systems will be Geothermal Energy Systems\] , Boilers, Water HeaterssUnitWater to Water Pumps, Heat Pumps, Make Up Air Units, Heat Recovery HVAC 5) corrosion or poor operation will be noted and scheduled for repair/replacement.. Any and that fixtures are operating properlythere are no leaks-annually to ensure semiixtures fand associated l inspect all plumbing wil – A qualified contractor Plumbing 4) -annual visual inspection reports for any needed repairswill generate semiOverhead Doors) semi-annually. In addition the inspector (Crawford qualified contractor lubricated by a Each overhead door will be inspected and -- Coiling Overhead Doors 3) annual visual inspection reports for any needed repairs-generate semi-annually. In addition the inspector will ) semiStar Equipmentby a qualified contractor (ll be inspected and lubricated Each overhead door wi-- High Speed Overhead Doors 2) for any needed repairs.-annual visual inspection reports semiinspector will generate annually. In addition the -semia qualified contractor (Spring Valley Overhead Doors) by d and lubricated ill be inspecte -- Each overhead door wSectional Overhead Doors 1) a contractor:tions or ensure they are provided by maintenance and care func provide the following routine willMonty Meyer, Supervisor of Facilities & Fleet maintenance plan.nsible for implementing this is respo Supervisor of Facilities & Monty Meyer, : SIBILITYRESPONASSIGNMENT 2 711 Transit Asset Management Plan Page 14 (507) 328-2469(507) 328-2438Facilities System TechnicianSupervisor of Facilities & FleetDerrick SanfordMonty Meyer : MAINTENANCE INFORMATIONand EQUIPMENT CITY STAFF FACILITY . maintenance performed that folder along with documentation of all preventive and repair checklists are included infor each calendar year and completed folder n electronic inspections. Records are stored in arecords for facility maintenance and permanent all maintains Facilities & Fleet divisionThe electronic file by the Office Services Coordinator. kept at maintenance needurgent -planned, non-Records of any non into budgetary planning.repair costs to incorporate urgent repairs shall be maintained and appropriate staff notified periodically -A log of needed non : FACILITY MAINTENANCE RECORD KEEPING repair. item needing service or a written report of any Supervisor of Facilities & Fleetthe equipment items and provideany and all repairs to both minor and major using the checklist in Appendix A and note walk the facility facility inspector will an assigned Annually, -Semi -- General 19) and maintained throughout the year. physical inventory of the grounds and maintenance equipment will be prepared annually shall maintain all needed tools and equipment. A A facility inspector– Equipment 18) nd reorganize them.clean out a items and twice per year will use the sheds when appropriate to store needed A facility inspector– Sheds 17) repairing or replacing bus washing equipment and supplies. will inspect monthly and arrange for A facility inspector -- s Washing SuppliesBu 16) annually.Midwest Overhead Cranes will inspect, document, and make necessary repairs All Mechanics will visually inspect the cranes daily. – Overhead Lift Cranes 15) Works will inspect, document, and make necessary repairs annually.Midwest Lift . lifts dailyvisually inspect the s Mechanic All -- Vehicle Lifts 14) Communications) and inspected annually by a qualified contractor (Viking Sprinkler.)is monitored by a qualified contractor (Custom – Fire Sprinkler System 13) ed contractor will inspection annually.qualifiA facility inspector will check them and document monthly. A – Fire Extinguishers 12) test and purge weekly.ill A facility inspector w– Eye Washes 11) rains will be important to finding faults.other signs of roof failure and inspect outside gutters. Inspecting gutters during hard monthly to look for any stains or will inspect all ceilings A facility inspector --Roof 10) 3 Service Start 712 Transit Asset Management Plan Page 15 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents 71,948 achievement! –Transit 2016 to date maintained by First fleet for the RPTMiles between roadcalls following measures: through the works very hard to minimize Rochester’s maintenance costs First Transit transit industry: knowledgeable and innovative maintenance program in the maintenance operations provide our clients with the most with unparalleled maintenance operations. Our Rochester qualified technicians in the industry, provide City of innovative maintenance practices, delivered by the most to scheduled, and focuses on promoting efficiencies. Our drives down road failures, moves repairs from unscheduled Our industry-leading preventive maintenance program Rochester. passenger experience and cost savings to the City of maintenance into scheduled, providing a smoother customer service excellence by moving unscheduled continue to provide First Transit’s Maintenance Goal: to Equipment -4 Maintenance Program & 2A First Transit offers assurance that the workforce will transition to the new contract maintaining the compensation packages in place for all current and future employees, Local 1005, who represents our drivers and dispatchers, as well as our commitment to With our dedication to excellent employee relations and our partnership with the ATU Initiate service under new contract Ongoing issueson any open Rochester Public Transitup meetings with -Follow 01630, 2 emberDec Prepare fleet for next day’s revenue service Implementing Proactive, Scheduled 713 Transit Asset Management Plan Page 16 monitor technicians’ time effectively.planning tools to set efficient schedules and First Transit uses maintenance right the first time. technicians are empowered to get the repairs our Through our maintenance programs, technicians vehicle history at their fingertips. maintenance that eliminates waste and gives our providing City of Rochester with proactive world-class maintenance programs focus on technicians’ time is used effectively. First Transit’s ensuring that vehicles are ready for service and Proper maintenance planning is a critical step in other three all have at least one ASE certification. certification. In fact, one of our technicians is double master ASE-certified and the trained maintenance personnel. We are committed to retaining this prestigious 2015, the industry-wide symbol of the quality maintenance services and highly inFirst Transit is proud that the Rochester location achieved ASE Blue Seal Certified FirstBase DesktopCustomer · Desktop Audits · Annual Shop Audit · Fleet Inspection Process · Lean Maintenance Program · City of Rochesterfor Ensuring Quality Control and Efficiencies Employee Incentives · ASE and Cengage/Delmar Training · Stringent hiring standards · DevelopmentManagement and Leading Employee -Providing Industry Driver Vehicle Condition Reports · Road call management and reduction · Maintenance MitigationLeveraging Best Practices for Unscheduled Preventive Maintenance Practices · integration of innovative technologyProper maintenance planning and · Maintenance Practices and Programs 714 Transit Asset Management Plan Page 17 services, check video system, wheelchair lift inspection and liningcheck brake , Engine service, comprehensive vehicle inspection ,000 miles3 A Details Interval InspectionCity of Rochester Fixed Route PM Inspection procedures for the City of Rochester service are reflected in the following table: . Our intervals and C inspections, and B, AWe categorize PM inspections into three designations: with OEM specifications. Systems are inspected for wear and tear and any necessary adjustments are made in accordance Every First Transit vehicle undergoes thorough PM inspections to remain in top condition. equipment maintenance services. on properly structured information to improve the quality and productivity of our that is designed to enhance equipment management capability. The system focuses CityJD Edwards software provided by the To ensure accurate and reliable data, we use Good maintenance management decisions are based on accurate and reliable information. level of reliability and safety to our passengers and clients. capital investment in the fleet, keep the fleet operational and available, and provide a high ’s program protects City of RochesterPMMaintenance (PM) Program. Our outstanding e of First Transit’s maintenance operation is our strong Preventive The backboncontinuous improvement and maintenance excellence. , monitoring the statistics of our preventive maintenance program to achieve ControlsStatistical Process ntrol program monitors each vehicle’s service goals using Quality Corequirements. Our ’s these inspections can be customized to meet City of Rochestersystems log vehicle miles, which is the basis for all PM inspections. The frequency of -shift basis to account for changes in the schedule. Our computer byadjusted on a shift-maintenance and an analysis of vehicles needing other repairs. Schedules are then Supervisors typically plan weekly schedules based on when vehicles are scheduled for Inspection 715 Transit Asset Management Plan Page 18 back into service. corrected with OEM quality parts and tested prior to the vehicle being placed : Any defects or other safety-related system issues are Brake Systems ·applicable regulations, including those outlined in the Clean Air Act of 1990. conditioning and heating seasons and repairs are made in accordance with all r inspection and cleaning to ensure optimum performance prior to peak ai: The entire system undergoes detailed Air Conditioning and Heating ·providing inspection and necessary repairs to the following systems: before a vehicle returns to service. The PM process includes, but is not limited to, Our technicians are responsible for ensuring all systems are in safe operating condition PM TASKS minute changes that can result in service delays. By identifying issues during service island inspections, First Transit eliminates last-contact with vehicles are trained to check vehicles for any potential maintenance needs. preventive maintenance process. Particularly, utility and other workers who have daily First Transit motivates all employees who have contact with vehicles to be a part of our to provide uninterrupted service to our passengers and clients. maintenance manager, our supervisors will ensure that the fleet is adequately staffed and outfitted developing weekly schedules to take vehicles out of service for maintenance. Along with our Our experienced Maintenance Manager Roger Ritchie oversees the PM inspection process, servicingon and , HVAC inspectifilter and service air dryerchange DEF with oil sample, change rear axle lube,inspections plus transmission service -and C -, B-A 48,000 miles D transmission fluid, water filter, service crankcase, change risk assessmentair filters, fire plus coolant and inspections -and B -A ,000 miles42 C changeoil, filter change, oil sample, hydraulic and fuel filters Engine service, including engine inspection plus -A ,000 miles6 B Details Interval 716 Transit Asset Management Plan Page 19 an ability to bring City of Rochester quality parts at a lower cost. and –First Transit has a relationship with parts vendors providing us with buying power power. As a maintenance contractor at a majority of our over 320 operating locations, First Transit is able to reduce maintenance costs through leveraging our corporate buying released into revenue service. specialized technicians. Only after final follow-up repairs are made will vehicles be After the PM inspection is complete, any necessary follow-up repairs are assigned to PM FOLLOW UP PROCESSES not under warranty are repaired by qualified employees or vendors. by a manufacturer-approved shop to adhere to warranty requirements. Items the vehicle is taken out of service. Defective units under warranty are repaired : Any unit not working is reported immediately and Communication Systems ·coolant, and differential fluid levels. specifications. Additionally, we regularly check engine oil, transmission fluid, intervals are performed in accordance with OEM and City of Rochester : All lubrication, oil, and filter change Fluid Replacement and Lubrication ·service. hydraulic leaks. All lifts and ramps are cycled daily before vehicles enter and controls, paying particular attention for structural deficiencies and entire system, including the platform, sensors, barrier, securement devices, a comprehensive inspection of the Technicians lube the lift and perform : Wheel Chair Ramps and Lifts ·tread depth inspections. tire and wheel installation, and tire wheel and tire installation, in-shop dismounting, wheel inspection, (as necessary): tire mounting and The PM process for tires includes retreads are used on our vehicles. Bridgestone, and Bandag) and : Only brand tires (Michelin, Tires · We have established Corporate Purchase 717 Transit Asset Management Plan Page 20 Training or staffing requirements ·Proper maintenance documentation ·Overall vehicle condition and trends ·documents: summarizing all data from the individual QCC inspections. This monthly audit percent of his fleet every month. The results are documented in a master workbook As a matter of protocol, our Rochester maintenance manager audits, at a minimum, five FLEET RE-INSPECTION investment in the fleet. teams ensure quality assurance processes are stringently followed to protect the long-term availability and reduces operational costs. Our region and corporate maintenance support rst Transit’s quality assurance program in our maintenance shops increases fleet Fi ’s fleet. City of Rochestertechnicians to use as necessary to maintain inventory of high quality parts for our Our goal is to control costs while providing an your needs, to provide parts and services. local dealers. We will utilize other local vendors, whenever it is advantageous and meets the National CPA vendors we use provide parts and services through their network of Barnes, Imperial Supplies, and others that provide significant pricing advantages. Most of Bridgestone, Firestone, Goodyear, Michelin, Bandag, AutoZone, Fleet Pride, NAPA, General Motors, Cummins, Detroit Diesel, Freightliner, International/ Navistar, competitive pricing. Our CPAs with major parts suppliers include Ford, Chrysler, can get quality parts, best service, and This relationship with CPA’s ensures that we vendors that represent 120,000 unique parts. Agreements (CPA’s) with more than 100 718 Transit Asset Management Plan Page 21 technicians) best meets the maintenance needs of the City’s fleet and assets.parts clerks, service writers, bus cleaners, fare collection equipment system of positions (e.g., A mechanics, B mechanics, C mechanics, utility workers, the organizational structure, its functions, personnel distribution, and numbers department (RFP Section 2.7.4). A narrative shall be provided explaining how Contractor is required to submit an organizational chart for the maintenance As part of the sample maintenance plan submitted in response to this RFP, inspection of those items to ensure quality maintenance operations. identified deficiencies. Once defects have been corrected, the location is subject to a re-At the end of each audit, action plans are developed with a timeline to correct any No deferred maintenance ·procedures Compliance with preventive maintenance policies and standard operating ·Review of warehousing efficiency, inventory, and stocking levels ·Hands-on inspection of 10 percent of the vehicles ·review of all aspects of the operation. The audit includes: The annual internal audit process is conducted by our region staff, completing a thorough against these benchmarks to review our operations, vehicle safety and reliability. benchmark for quality, competence, and consistency. Individual locations are measured best practices, policies, and procedures. It also establishes a company-wide standardized Our internal audit process ensures that the Rochester location is in compliance with all ANNUAL SHOP AUDITS for technician training. inspection have been properly repaired. In addition, the audit helps identify possible areas inspections were performed on time and ensures that defects identified during the view the vehicle’s past three PM inspections. This verifies the The final step is to reverifies that all repairs have been signed off by a technician. checks that all of the defects for the past 14 days have been addressed or scheduled, then Next, the manager audits driver inspection reports and PM inspections. The manager immediate attention are placed out of service until the repairs are completed. standards guide and rates the vehicle based on the inspection. Any items that require The manager first audits the vehicle, using an extensive 40-point check sheet and a 719 Transit Asset Management Plan Page 22 LLC)(Corporate Clean, FTE) Utility Workers (3 (5 FTE)MechanicsManagerRoger Ritchie, General Manager shift, and remains on-call through the last shift. aintenance Manager, Roger Ritchie is on duty during the primary day First Transit’s M DBE subcontractorour LLC, Clean, Corporate paratransit) provided by 3 FT, (2.5 for fixed route and .5 for Utility Workers 1 Technician “C” Level 1 ”B” Level Technician 3 “A” Level Technician 1 Maintenance Manager Staffing Level Positionoperating efficiently. Our proposed staff includes: maintenance department to keep Rochester Public Transit vehicles safe, clean, and As outlined in our Staffing Plan, we remain committed to providing a fully staffed -SITE MAINTENANCE PERSONNEL 720 Transit Asset Management Plan Page 23 cleaningand vehicle Responsible for all fueling, fluid level checks · WorkersUtility Fueling and inventory control, as needed · minor maintenance repairs replacement, lube/oil/filter servicing, brake repair and generalGeneral preventative maintenance, including tire repair and · Mechanic“C” systemsoning differentials, electrical, wheelchair lifts, and air conditisuspension, brakes, engines, transmissions, steering, Preventative maintenance, diagnosis, service and repair of · Mechanic “B” , and First Transit standards TransitRochester Public repair in accordance with manufacturer, Perform safety inspections and ensure vehicles are in good · mechanical issuesIdentify and resolve · Mechanic“A” Ensures proper training of maintenance technicians · Assist in troubleshooting equipment issues · availability with dispatch and operationsSchedule and administer fleet maintenance, coordinating vehicle · f maintenanceOversee exceptional quality and efficiency o · ManagerMaintenance MECHANICS fleet: are the types of personnel that will be utilized to service the Rochester Public Transit e maintenance employees, service schedules, and available leadership personnel. Below thSpecific schedules and shift assignments are developed based upon the qualifications of efficiently. department to keep Rochester Public Transit vehicles safe, clean, and operating mains committed to providing a fully staffed and top flight maintenance reFirst Transit who make up our Blue Seal shop. Public Transit contract, and take advantage of the individual skill sets of our technicians, schedules and shift assignments ae in place now for the Rochester First Transit’s current ·721 Transit Asset Management Plan Page 24 ASE Certified excellence. commitment to expertise, skill and testament to their , a ASE Certifications25 hold a combined technicians currently Our Rochester technicians also receive classroom instruction and on-performance. In addition to ASE training, our development is critical to superior maintenance Our systematic approach to technical training and Blue Seal Shop. shop was recently declared an ASE Certified technician. We are proud that the Rochester technicians a double master ASE-certified achieved ASE certifications, with one of the process. Our Rochester technicians have all incentive program tied to the certification Certification process is illustrated by our practices. Our dedication to the ASE exemplifies our commitment to industry best and beyond industry standards that A requirement above ASE Certification: ·technician, and contract obligations. based on the Rochester Public Transit fleet, the skills of the individual : A concept that individualizes technician training Basic Skills Assessment ·procedures: Our industry-leading training and incentive programs are based on the following training resulting in a better maintained fleet and reduced vehicle downtime. —efficient manneradvancements. A highly trained technician performs higher quality repairs in a more 40 hours of training each year to increase skills and knowledge of industry technology for the Rochester Public Transit fleet. We require each technician to participate in at least First Transit provides unmatched technician training that ha lead to higher quality repairs mechanic to fleet ratio and all appropriate justifications with their proposal. maintenance staff. The Contractor shall submit their proposed staffing levels, by Contractor for maintenance staff and describe provide training programs for Contractor is required to submit minimum qualifications credentials required basis dailyon a work areas are cleaned l manner and that alin a timely submittedsure all Vehicle Wash/Fuel Logs are properly filled out and En 722 Transit Asset Management Plan Page 25 actual ASE Exam. including practice questions, sample ASE-style tests, and a timed test duplicating the theory for enhanced learning and retention. A variety of study options are available, helpful remediation while addressing the unique needs of the technician with text-based module is requires a course review and exam before completion. These tests combine Each section within the module is completed with final review questions and each Certification & Monitoring Spanish. average of 8.5 hours of training materials and can be completed in either English or technicians can work through the materials at their convenience. Each course contains an through interactive graphics and animations. The training is available at any time, so identified needs. Each self-paced module contains critical content that is reinforced After the initial assessment, technicians are assigned to training modules based on their Training of technical areas. competency to a detailed level of theory, application, and diagnostic ability in a number objectively baseline knowledge in specific areas. Each assessment measures technical Our comprehensive online skills assessment allows technicians and managers to Assessment for our technicians. to create an interactive learning experience –teaching and learning solutions worldwide a leading provider of innovative –Cengage Learning/Delmar Transit has partnered with their individual skills and suitability for the Rochester Public Transit contract. First All First Transit technicians undergo a basic skills assessment upon hire to determine BASIC SKILLS ASSESSMENT Our well-trained technicians make the repairs right the first time. for example. the-job training provided by our suppliers such as AC/Delco and Ford Motor Company, Managers and supervisors may log into the system at any time to monitor technician 723 Transit Asset Management Plan Page 26 ningiPaid Tra trainingpaid ASE Certification our employees through nvests in First Transit i employee will receive a $.05 per hour bonus in addition to his/her regular rate While working to earn his/her second Master Technician Certification, the ·employee will receive an additional $.15 per hour bonus Upon earning his/her first Master Technician Certification, the –completed employee will receive a $.15 per hour bonus for each ASE test successfully While working to earn his/her first Master Technician Certification, the ·each hour they work. First Transit’s commitment to training and the ASE certification program is made ASE BONUS PROGRAM fleet and vehicle downtime. reducing unnecessary repairs to the —time a vehicle is maintained by First Transitmeans that Rochester Public Transit always receives the best service quality each ASE certification of our technicians and Blue Seal shop designation for the location one technician earning double master ASE certifications. the United States. All Rochester technicians have some sort of ASE certification, with Transit has technicians with over 2,700 ASE certifications at our contract locations across require our technicians to become Automotive Service Excellence (ASE) certified. First engine repair, etc. front-end alignment, brakes, air conditioning, electrical, and repair. These tests are grouped by specialty including than 18 tests that measures skill level in vehicle maintenance Excellence. The ASE training program has a series of more provided by the National Institute for Automotive Service Our technicians attend training and certification testing ASE CERTIFICATION through their customized training program. curriculum to encourage technicians to continue progressing Usage Report to track of hours dedicated to the training activity within the training program. Supervisors and managers can produce a Course 724 Transit Asset Management Plan Page 27 Ball joint press ·King pin press ·Belt tension gauge ·Toe in gauge (check alignment toe in) · impact wrench ¾” ·the City include: Examples of other shop equipment we will provide to augment those tools provided by support vehicle equipped with an air compressor, salt spreader and other support tools. In addition to providing maintenance equipment, First Transit will also provide a shop maintenance service vehicle. satisfactorily with all requirements of this RFP, including the requirement for a Describe the availability of sufficient maintenance support equipment to comply of technicians for improved service delivery. manufacturer specific training. The purpose of vendor training is to improve the skill set visit our locations sites to instruct technicians in a variety of areas such as electrical and AC/Delco, Cengage Learning/Delmar, Noregon Diagnostics, General Motors, Ford, etc. equipment manufacturers (OEM) and national parts suppliers. Trainers including Additionally, we provide an additional benefit from our relationships with original team. Public Transit location maintenance personnel to facilitate additional training for the experienced in all aspects of vehicle maintenance. These persons will visit the Rochester First Transit employs two full-time travelling maintenance trainers who are highly MAINTENANCE TRAINING SUPPORT to this proposal. AttachmentsPlease see a detailed chart of our ASE Bonus program structure included in the for the recognition of their contribution to the Blue Seal Shop certification. employees who contribute toward the team based certification are rewarded who has at least one ASE test passed. The Blue Seal Shop bonus insures that Blue Seal Certification pays an additional $0.15 per hour to any technician ·per hour bonus Master Technician Certification, the employee will receive an additional $.05 Upon earning his/her second –for each ASE test successfully completed 725 Transit Asset Management Plan Page 28 FirstBase Maintenance Information System Nationwide, First Transit most typically utilizes the zed. xmaensuring that the capabilities of the system are have become expert users of this important tool, software, including the JD Edwards software provided by the City of Rochester. We First Transit has years of extensive experience with all types of fleet maintenance to adequately track the performance of a fleet. including a description of software used and reports and processes developed The Contractor will describe their experience with fleet management software functions. Transit plans to utilize the Corporate Clean, LLC Company to perform the utility worker cleaning and probing the fareboxes. Subject to City approval under a new contract, First vendor to service the fixed route and paratransit buses on a daily basis including fueling, buses. However, as noted elsewhere in our proposal, First Transit does plan to use a DBE not proposing to utilize any subcontractors to do the actual maintenance work on the While First Transit will utilize some maintenance vendors such as tow companies, we are is to be submitted with the proposal A list of all subcontractors contemplated for use in the maintenance department RFP, as well as a maintenance service vehicle. Transit already has the support equipment in place to satisfy the requirements of this incumbent provider of maintenance services for Rochester Public Transit, First anmany shared tools at the City maintenance facility. close partnership our local staff have developed with City maintenance staff in the use of equipment and safety tools to successfully do their jobs. We also greatly appreciate the and the technicians and subcontractor utility workers are supplied the necessary safety First Transit will remain proactive in ensuring our Maintenance Manager Roger Ritchie Tire dolly ·Fluke digital multimeter · 726 Transit Asset Management Plan Page 29 Work analyses · Inventory analyses · dateTotal maintenance costs to · Monthly PM reports ·MIS system reports provide the following information on each vehicle: lem vehicles, and miles between road calls for each vehicle. First Transit’s drivers, probWe generate database reports to identify problematic systems, repeat repairs, problem Transit locations and to identify any recurring maintenance trends that will be addressed. types. Roger Ritchie will review monthly reports to compare statistics between First corporate teams to develop trend analysis reports across similar contracts and vehicle We implement FirstBase in all of our maintenance shops to allow our region and making Third-tier reports supports higher-level management reviews and decision ·Second-tier reports provide summary information for line management ·Low-level reports support technician activities ·into the following reports: maintenance operation, searchable by fleet or individual vehicle, and consolidates tasks management personnel with daily maintenance and supervisory tasks. It tracks our entire FirstBase includes multiple levels of concise reporting that assists technicians and Exception reports · Tailored reporting · Delays and reasons for delays · progressWork orders in · Completed work orders · Status reporting · inputData validation checks at data · Training Records · Overhead costs · efficiencyFuel and oil consumption and · Vendors for outside repair · Technician productivity · Parts inventory · Repairs · ive maintenance Prevent ·maintenance activities: FirstBase is a flexible system that simultaneously tracks and monitors the following vehicle in ‘like new’ condition.information needed to keep each Rochester Public Transit -day management decisions. This provides our maintenance team with the tosupport day-the unique requirements of a bus fleet, FirstBase captures and supplies critical data to supervision utilizing our Paperless Shop system. A transit-specific software designed for (FirstBase) software platform for vehicle maintenance files, reporting, and task ·727 Transit Asset Management Plan Page 30 Mop floor and step wells · Remove any graffiti/insect remains · Clean side panels, as needed · Clean interior windows · vehiclefrom inside Remove all trash · Dust interiors · Wash and scrub exterior ·Our vehicles undergo the following cleaning and washing procedures: strict standards of First Transit and the City. training to the Corporate Clean employees and ensure that their performance meets the Minnesota company with 20 years of experience. First Transit will provide in depth by our DBE partner, Corporate Clean LLC. Corporate Clean LLC is a locally owned, chester Public Transit, all vehicles operating in our fleet are cleaned on a daily basis RoRochester communities we serve. To preserve the favorable view of First Transit and the clean vehicle adds to the positive image we want to convey to our passengers and the A including a staffing plan. , The proposal shall describe the interior and exterior vehicle-cleaning program recording. Any parts found to be defective are replaced with OEM components. hardware components as well as verifying that each camera is operational and the DVR is Video systems are checked during each Preventive Maintenance inspection, inspecting . in the City’s buses with manufacturer specifications and service intervals First Transit will continue to maintain the Safety Vision video systems in accordance recording equipment maintain and ensure proper operational condition of all on-board video The proposal shall include a description of how the Contractor intends to records of all subcontract workTotal cumulative and detail · equipment specificationspment of vehicle and Develo · and recommendationsVehicle replacement analyses · measurementEmployee performance · Exception reports · work ordersSummary and detail reports on · Downtime by vehicle category · PMNumber of vehicles receiving · service callsNumber of · Number of work orders · Special billing reports 728 Transit Asset Management Plan Page 31 IMMEDIATE Remove graffiti X seatsReport all damaged X static spray-(ONLY) with antiarea, etc.) Treat dashboard front dash board, above driver box, dash controls, dash board, Operator's Compartment (fare as needed)Once (or more often (including windshield, mirrors)windows Clean inside of all X Empty trash as needed)Once (or more often Clean Seat Frames/Backs as needed)Once (or more often Clean Side Panels/Ceilings X empty trashPick up paper, gum, debris & IMMEDIATE Body Fluid Removal needed)as Once (or more often Mop floor X ) floorvacuumSweep ( Interior as needed)Twice (or more often rims)Clean wheels & rims (hand scrub as needed)Twice (or more often Wash Exterior of Vehicle Exterior Other Weekly Daily Taskpositive image to our public. a are clean and present contract and/or in accordance with First Transit cleanliness standards ensuring that buses All cleaning activities will be conducted at intervals required by the City of Rochester vandalized componentsRepair or replace broken, cut, torn · Wipe clean dash · Clean all stanchions and grab bars · Sweep floor to remove dirt, etc. · Inspect 729 Transit Asset Management Plan Page 32 remove it from the interior and exterior of all vehicles. Our drivers and maintenance We have a zero tolerance policy for graffiti, and have instituted a program to detect and GRAFFITI AND VEHICLE REPAIR Yearly-Semi fender wallsdash, tires, bumpers and rubber Protective coating applied to Yearly-Semi Clean interiors of dome lights Yearly-Semi Wash and polish wheels Yearly -Semi underneath; replace seatsrequiring tools, for cleaning and triple seat cushions, not Remove all side and rear double Yearly-Semi cleanersmixed concentrated window purpose cleaner, aerosol or -allusing industrial cleaner, aerosol clean the vehicle thoroughly, interior areas of the vehicle and materials from the seats and other Remove any and all foreign Yearly-Semi ceiling or seatsstuck to the floor, sidewalls, other substances that may be thoroughly; remove gum and Sweep and vacuum interior Yearly-Semi dash/dusting, sweep and vacuumsidewalls, widows, ledges & Clean ceiling, grab rails, Yearly-Semi Wash exterior of the vehicle DETAIL Clean (At least every six months, more often when needed) X compartment attached in the driver’s fully stocked and properly accident kit to ensure it is 730 Transit Asset Management Plan Page 33 In the event of a road call, the following procedures take place: operating costs and leading to fewer vehicle defects. reducing —vehicle is returned to service. First Transit does not defer maintenancemaintenance, and to take the important step of completing all possible repairs before the Additionally, First Transit technicians are trained to efficiently perform preventive often detect minor faults before they become high priority maintenance issues. careful monitoring of bus performance during service, and final post-trip inspections line of defense against unscheduled maintenance. Thorough pre-trip vehicle inspections, -day operations. Our highly trained drivers are the first toattention to detail during day-First Transit’s driver and technician training programs have helped create greater repairs are made quickly and thoroughly. help us resume normal route operations as soon as possible, while mechanical or body never lose focus on the safety of our passengers, drivers, and staff. Replacement vehicles day. When vehicles experience mechanical failures, we react with a sense of urgency but We are committed to maintaining on-time performance and exceptional service every resource allocations to support the plan. The proposal shall describe the approach to service call management and orders related to the drivers’ findings.update maintenance with any necessary work forwarded to dispatcher/supervisors who blemishes are noted on inspection reports and impact the appearance of the vehicles. Any scratches, and graffiti that may negatively inspections, paying close attention to dents, Drivers perform pre-trip and post-trip graffiti-free vehicles. passengers with clean, well-maintained, and teams are committed to providing our Step 731 Transit Asset Management Plan Page 34 for review by the Maintenance Manager.road call form will be completed and filed in a designated location Upon returning to the yard the available for service and parked. made. Upon completion of repair the vehicle will be made repairs are service until the-of-again. The vehicle will remain outnecessary repairs required for the vehicle to be made operational replaced, a work order will be generated immediately detailing the consuming or unable to be repaired on the spot. When a vehicle is e Switch out the vehicle in the event the repair would be too tim · the problem in the field.Return the vehicle to service if the mechanic succeeds in rectifying · facts on the report and notify operations.vehicle to service if no defect is found, document the Return the · following actions to take:The mechanic and maintenance foreperson then decide on which of the will make repairs, if possible. The mechanic will determine the extent of the maintenance work needed and location of the vehicle.e defects and the report is filled out, providing a brief description of thOnce the mechanic arrives at the scene, the problem is verified and a road call 3 minutes after notification.to an available mechanic, who will depart the bus yard no later than ten road call form If repairs can be made, the maintenance supervisor issues the If the vehicle is stalled, a tow will be dispatched rather than a mechanic. 2 Pertinent safety information · Remedial actions taken by the driver and results of those actions · ervice failure Any input from the driver regarding the s · Location of vehicle and direction it was driving · Time of the incident · Driver name · records it on a road call form. Information includes:report. This information is then passed on to the maintenance foreperson, who The dispatcher records all pertinent information on a service interruption 1 Task 732 Transit Asset Management Plan Page 35 vehicles out of service for maintenance. Along with maintenance managers, our Supervisors oversee the PM inspection process, developing weekly schedules to take be placed into service. If the unit cannot be repaired, maintenance will notify dispatch and a pre-tripped bus will does a final interior and exterior inspection The post-trip inspection, completed as the operator shuts down the unit and · operation, recorded in the driver’s report The documentation of any abnormal noise, vibration or smell during ·vehicle inspection accurately and electronically The initial pre-trip inspection and the legal requirement to complete the daily · training and refresher courses. The operator’s responsibilities include:s emphasized in driver importance of the operator’s role within the maintenance process i maintaining First Transit and Rochester Public Transit standards of excellence. The The daily vehicle inspections conducted by our operators are critical to achieving and detailed explanation of how this form will be utilized. form or an electronic format meeting State requirements to be used and a The proposal shall include a sample of the vehicle operator pre-trip inspection return. accurate records of all service calls whether the vehicle is changed-out or repaired upon conducted on every road call performed. We will maintain isA failure analysis review minimize lost service scheduled and staged strategically every weekday as a contingency plan to Dispatch arranges an exchange with a spare vehicle. Standby vehicles are ·The driver informs dispatch of the problem while continuing the route ·passengers. In those situations, the following steps are taken: There are occasions when mechanical failures do not pose a safety risk to drivers and process. will be attached to the service interruption report assist in the investigation A copy of the mechanics repair order reviewed to identify areas of concern. d call reports are prepared by the maintenance clerk and are Monthly roa 4 Task Step supervisors will ensure that the fleet is adequately staffed and outfitted to provide 733 Transit Asset Management Plan Page 36 cost-effective maintenance for our client. which was proactively corrected to ensure both the safety of the vehicle for our passengers and first is a good sample, requiring no additional maintenance, while the other was a poor sample, , we have provided two oil sample reports pulled from the same vehicle. The AttachmentAs an engine, as well as the time, labor, and cost associated with such a repair. entire engine. Instead, the worn parts were replaced at minimal cost, which saved the catastrophic failure would have occurred, which would require the replacement of the high aluminum content. Upon investigation, the timing chains and guides were worn As an example, an oil sample of a vehicle returned with an analysis evidencing maintenance is conducted. identifying components that are about to fail, to proactively maintain the Rochester inbefore they turn into a catastrophic failure. Oil samples are a vital tool These reports are an important part of our PM program to identify engine problems interval of 24,000 miles. Additionally, a sample of transmission fluid will be taken and sent out for analysis at an Ritchie for review, and corrective action if needed. If a discrepancy is found, the vehicle designated laboratory for analysis. Results are sent to Maintenance Manager Roger Our technicians capture an oil sample drawn from the filler tubes 500 miles before the requirements. analysis program and how that program will comply with the City’s minimum iled explanation of their standard oil Contractor’s proposal shall provide a deta. AttachmentA sample of our driver inspection form has been included as an uninterrupted service to our passengers and clients. 734 Transit Asset Management Plan Page 37 mechanical repairs needed by the Rochester Public Transit fleet. equipment in place necessary to perform periodic service, adjustments, and make As the incumbent maintenance provider, First Transit already has all the tools and adjustments and make mechanical repairsb) All tools and equipment necessary to perform periodic service and by the Rochester Public Transit fleet. equipment in place necessary to perform all preventative maintenance and repairs needed As the incumbent maintenance provider, First Transit already has all the tools and Section 2.4.8)owned tool boxes.) (RFP -space for such tools, including mechanic and repair activities required by the Contract (The Facilities’ shop has preventive maintenance All tools and equipment necessary to perform the provide the following: Contractor’s proposal shall also detail, at a minimum, how Contractor will warranty” repairs.-of-as well as preventing subsequent costly “out safety requirements, and ensure that the vehicle performs at maximum efficiency and meets all manufacturers’ scheduling. Firstbase MIS will be used to monitor the vehicle during its warranty period Manufacturer recalls or modifications to equipment will be used for updating and General Manager as to the expiration date of each warranty. check that our technicians perform the service. This system will automatically notify our The Annual Services Schedule will be used to note any required warranty service and will be reimbursed directly to the City of Rochester by the equipment manufacturer. associated with management and repair of Rochester Public Transit’s fleet. Such work We will continue to administer the warranty program, both for vehicles and parts, award of the Contracdetailed plan that is submitted by the successful Contractor 60 days after approach in this Segment is an overview of the process, which differs from the to crediting the City for warranty reimbursement. The explanation of the and their plan for obtaining maximum warranty coverage, especially in regard The proposal shall explain the Contractor’s approach to monitoring warranty, Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents735 Transit Asset Management Plan Page 38 Transit Asset Management Plan Page 39 736 Transit Asset Management Plan Page 40 737 Transit Asset Management Plan Page 41 738 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents739 Transit Asset Management Plan Page 42 Transit Asset Management Plan Page 43 740 Transit Asset Management Plan Page 44 741 Every 6000 Miles 742 Transit Asset Management Plan Page 45 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents Every 6000 Miles Every 6000 Miles Every 24000 miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles 743 Transit Asset Management Plan Page 46 48000 Every 48000 miles Transit Asset Management Plan Page 47 744 Every 48000 Miles 745 Transit Asset Management Plan Page 48 Every 24000 miles Every 6000 Miles Every 48000 Miles Every 6000 Miles 746 Transit Asset Management Plan Page 49 Every 48000 miles Every 6000 Miles 747 Transit Asset Management Plan Page 50 Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles 748 Transit Asset Management Plan Page 51 Every 6000 Miles Every 6000 Miles Transit Asset Management Plan Page 52 749 Transit Asset Management Plan Page 53 750 Transit Asset Management Plan Page 54 751 Transit Asset Management Plan Page 55 752 Transit Asset Management Plan Page 56 753 Every 6000 Miles 754 Transit Asset Management Plan Page 57 Transit Asset Management Plan Page 58 755 Transit Asset Management Plan Page 59 756 Transit Asset Management Plan Page 60 757 SOP P022 Minor Warranty in FirstBase 758 Transit Asset Management Plan Page 61 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents premises.This procedure applies to all First Transit locations that maintain company stores on their SCOPE Ø .SM This SOP is established a policy for minor warranty claims using FirstBase.Info PURPOSE Ø parts stores according to First Transit policy.Maintenance or Parts Room Managers are responsible executing and maintaining the RESPONSIBILITY Ø and Guidelines, First Transit Preventive Maintenance Manual, and requirement as stated Environmental Maintenance Manual, First Transit Safety Manual Policies, Procedures, This policy should be read and administered in conjunction with The FirstGroup America President of Maintenance.prior to implementation by the First Transit Senior Vice Any variances from these standards must be approved legislation.accordance with First Transit Operating Procedures and all relevant available to meet all operational requirements at optimum cost and in in a SAFE, RELIABLE and CLEAN CONDITION. Vehicles must be The goal of this SOP is to ensure that all vehicles are maintained GOAL Ø Important: Responsible Personnel Are Required to Initial and Date the Receipt of this document DateInitials Document: 1 Page of 6Last Revision Date: Issue: Effective Date: April 2011Minor Warranty in FirstBaseNumber: P022Standard Operating Procedure Description: Page 1 of 6 SOP P022 Minor Warranty in FirstBase 759 Transit Asset Management Plan Page 62 to the right of the inbox and press the refresh button.3. To view Minor Warranty counts in the Minor Warranty inboxes check the boxes to the home page.2. Uncheck the auto refresh check box so the inbox won’t calculate every visit back c. MYWAR361 Response Received - Shopb. MYWAR260 MW Filed - Shopa. MYWAR161 MW Pending - Shopthe following inboxes from the home screen under the personalize button. (FirstBase) to monitor minor warranty. Add SM 1. Create inboxes in FirstBase.InfoMinor Warranty is warranty on replacement parts that fail prior to there useful life. PROCEDURE Ø Page 2 of 6 SOP P022 Minor Warranty in FirstBase 760 Transit Asset Management Plan Page 63 return back to the claim screen use the F11 key or the back arrow.on the work order number and the system will drill down to the work order. To 6. If more information is needed about the claim from the work order double click number 10. Separate parts by activity.Do not dump all the parts in activity associated to the proper activity number. In order for this process to work properly parts should be PLEASE NOTE: the status to “961 Invalid Claim”. should not be warranty insert the reason under the comments tab and change 5. Review the MW Pending claims for possible warranties. If you fi nd claims that are assigned to you.you will be taken to pending Minor Warranty claims (OMCLAI) for locations that warranties that need Maintenance Manger attention. Double click this inbox and 4. After the inboxes are refreshed the count in the MW Pending are possible Page 3 of 6 SOP P022 Minor Warranty in FirstBase 761 Transit Asset Management Plan Page 64 7. Click on the “More” button to see second page of the screen.Page 4 of 6 SOP P022 Minor Warranty in FirstBase 762 Transit Asset Management Plan Page 65 961MW invalid claim463MW closed- check462MW closed-credit461MW closed- parts260MW fi led- shop161MW pending- shop MINOR WARRANTY STATUS 5) Go to original PO and cancel the outstanding quantity4) Process the credit using the return check box in “PMINVO”3) Complete “SMRETN” This will remove the part from inventory2) This will credit 54221 running cost and debit 11721 parts inventory1) Find work order that part #XXX was charged to return part to inventory Part #XXX fails prematurely the vendor issues a credit for the part.Scenario 2:3) The new physical part goes back to the appropriate bin in your store room2) This will credit 54221 running cost and debit 11721 parts inventory1) Find work order that part #XXX was charged to return part to inventorypart. Part #XXX fails prematurely the vendor furnishes a new part to replace failed Scenario 1:processed:Below are two scenarios describing how the fi nancial portion of the claim should be c. 463 MW Closed Check Receivedb. 462 MW Closed Credit Receiveda. 461 MW Closed Parts Receivedare:different statuses for close depending on the type of payment received. They 11. After all payments are received the claim needs to be closed. There are three used to determine the dollar value of Minor Warranty you are receiving.if the value is an exchange part enter the value of the part. This number will be 10. When payment is received list the value received on the “More” screen. Even to “360 Response Received - Shop. Fill in comments as to the action the vendor 9. After vendor contacts you with the action that is going to be taken change status the person talked to and the action to be taken by the vendor.change the status of the claim to “MW Filed”. In the comments section document ask for credit for labor spent to exchange part. Once the vendor is contacted payment for the claim. Payment can be a credit, check or exchange part. Also 8. After determination is made that a claim is valid work with vendor to received Page 5 of 6 SOP P022 Minor Warranty in FirstBase 763 Transit Asset Management Plan Page 66 TO THIS DOCUMENT AT ANY TIME.THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES AND/OR REVISIONS POLICIES AND LIKE DOCUMENTS. THIS STANDARD OPERATING PROCEDURE SUPERSEDES ALL PREVIOUS the application of the law, contact your supervisor for assistance.where there is a confl ict with this policy. For additional guidance with regard to NOTE: Federal, State, Provincial and Local laws may prevail in circumstances Page 6 of 6 SOP P029 Warranty Claim Submissions 764 Transit Asset Management Plan Page 67 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents premature failures. le warranty claims for all fi To ensure all First Transit locations performing vehicle repairs PURPOSE Ø component fails prematurely. for each Work Order (WO) requiring reimbursement from a manufacturer when a SM InfoThe Maintenance Managers are required to submit warranty claims in the FirstBase.requesting warranty reimbursement.This procedure applies to all First Transit locations that operate and/or maintain vehicles RESPONSIBILITY Ø in the Vehicle Manufacturer’s Manual.and Guidelines, First Transit Preventive Maintenance Manual, and requirement as stated Environmental Maintenance Manual, First Transit Safety Manual Policies, Procedures, The policy should be read and administered in conjunction with The FirstGroup America President of Maintenance.prior to implementation by the First Transit Senior Vice Any variances from these standards must be approved legislation.accordance with First Transit Operating Procedures and all relevant available to meet all operational requirements at optimum cost and in in a SAFE, RELIABLE and CLEAN CONDITION. Vehicles must be The goal of this SOP is to ensure that all vehicles are maintained GOAL Ø Important: Responsible Personnel Are Required to Initial and Date the Receipt of this document DateInitials Document: 1 Page of 6Last Revision Date: Issue: Effective Date: April 2011Warranty Claim SubmissionsNumber: P029Standard Operating Procedure Description: Page 1 of 6 SOP P029 Warranty Claim Submissions 765 Transit Asset Management Plan Page 68 This provides the information for status of warranty claims for both O.E.M. and Parts.Following is a chart discribing the basic stages in the warranty process:(O.E.M.) while the local shop handles individual part claims.The Claims Center usually handles all warranty against the Original Equipment Manufacturer originating shop. Warranty claims are handled two ways, by the Warranty Claims Center and through the Completion of warranty claims● Follow up on warranty claims● Initiating warranty claims● provides for handling of warranty including:SM The FirstBase.Info PROCEDURE Ø or customer-owned vehicles.This procedure applies to all First Transit locations that operate and/or maintain company SCOPE Ø system.SM FirstBase.InfoTo maintain a process for monitoring submitted warranty claims through the current reimbursed for repairing the failure. led with the manufacturers on a timely basis and the location is fi Ensure claims are Page 2 of 6 SOP P029 Warranty Claim Submissions 766 Transit Asset Management Plan Page 69 click on "GO".To view the current warranty claim status type "OMCLAIM" into the address window and return it to the shop and change the status 111 for your shop to process. for accuracy and either send it directly to the manufacturer and change the status to 112 or The initial claim in status 110 is only visible at the Warranty Center. They review the claim Major Warranty Viewing Warranty Claim Status shop.Make sure to note when this happens in order to follow up on all warranty items for your will automatically be checked. reason, failue and System Level. If the affected part is warrantied, the Warranty check box lling out a work order, under the Activities Tab to insert codes for the type, fi When you are . SM by FirstBase.Infocompleted, any items, systems or parts that are covered by a warranty should be triggered Filing a Warranty Claim is almost automatic. Once the Work Order (WO) is properly Filing Warranty Claim Page 3 of 6 SOP P029 Warranty Claim Submissions 767 Transit Asset Management Plan Page 70 To force a warranty claim simply click the warranty check box.creation.different than the one on the warranty agreement will not trigger the automatic warranty replacement part has a new number for a part still under warranty. The new part number, At times it may be necessary to force a part into warranty. An example would be when a Forcing and Overriding Warranty warranty will be automatically generated when the WO is completed.The process for Parts Warranty is similar to Major Warranty with a few differences. The Part Warranty location.the boxes above. This screen allows you to check on status of claim submitted from your The warranty status (110) and type (MAJOR WARRANTY) will be displayed as shown in below: ll in as shown fi in the appropriate box and press "F8" to submit the query. The window will View", press "F7" for Query mode. Input the part number or WO number (as in oval below) nding the warranty status by going to "Record fi Once in the OMCLAIM window, one way of Page 4 of 6 SOP P029 Warranty Claim Submissions 768 Transit Asset Management Plan Page 71 TO THIS DOCUMENT AT ANY TIME.THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES AND/OR REVISIONS POLICIES AND LIKE DOCUMENTS. THIS STANDARD OPERATING PROCEDURE SUPERSEDES ALL PREVIOUS the application of the law, contact your supervisor for assistance.where there is a confl ict with this policy. For additional guidance with regard to NOTE: Federal, State, Provincial and Local laws may prevail in circumstances FirstBase.Info-Warranty Basics - Part 5_MonitoringFirstBase.Info-Warranty Basics - Part 4_Overriding and Forcing WarrantyFirstBase.Info-Warranty Basics - Part 3_PARTSFirstBase.Info-Warranty Basics - Part 2_OEMFirstBase.Info-Warranty Basics - Part 1_OVERVIEW ling warranty claims:fi There are several training modules to help with http://vms.sololearning.com/ For more information on submitting and tracking warranty claims go to: Solo Learning Director of Warranty and Campaigns located at 45 Anderson Road Buffalo, NY 14225.All issues pertaining to warranty and campaign should be directed to the First Transit Contact Information reimbursement. led beyond time limits for warranty fi the manufacturer or rejection because the claim was qualify for reimbursement. Sending the claims as soon as possible will prevent denials by ALL warranty claims must be submitted as soon as repair(s) are completed in order to Timely Submissions return a requested core for warranty will result in claim denial/reversal.retained. The cost of the new part and core charge must be applied to the WO. Failure to les for warranty, the failed part must be fi If a First Transit shop completes the repair and responsible for the core. le for warranty, the dealer is held fi Should a dealer complete a warranty repair and Core Money This will help you to ensure you receive all the credits due your location.Use the OMCLAIM screen to track and monitor warranty claims submitted by your shop. Monitoring Warranty Claims Center, then sent back to the Shop for submission to the manfacturer.The warranty will then be sent through the same process for approval by the Warranty Page 5 of 6 SOP P029 Warranty Claim Submissions 769 Transit Asset Management Plan Page 72 This Page Intentionally Left Blank Page 6 of 6 Attachment 5 - Vehicle Inspection Report770 Transit Asset Management Plan Page 73 RESOLUTION771WHERAS, In 2020 a Federal Transit Administration (FTA) Small Starts Application was Development phaseOn February 10, 2020; andWHEREAS, The Project was granted entry into the Federal Transit AdministrationProject Development phase as part of the FTA Capital Investment Grant Program; anda request to the Federal Transit Administration (“the FTA”) to enter the Project 245-19 adopting the Locally-Preferred Alternative on November 18, 2019,and submitted WHEREAS, The Rochester Common Councilsubsequently approved City Resolution No. and(2nd Street and Broadway) and mode (bus rapid transit, or “BRT”), on October 18, 2019; a Locally-Preferred Alternative (“LocallyPreferred Alternative”) for route and alignment and mode for the Downtown Rochester Rapid Transit Project (“the Project”) and adopted WHEREAS, The Destination Medical Center Corporation considered the route alignment visitors, and to cultivate economic prosperity; andservice that enhances mobility and access to opportunities for residents, businesses, and WHEREAS, An alternatives analysis was completed to evaluate and recommend transit Transit Studies; andthe findings and conclusions of the DMC Transportation & Infrastructure Program Integrated WHEREAS, Rochester Common Council approvedCity Resolution No. 237-18 accepting travel; andproviding a rigorous assessment of alternatives for vehicular, transit, pedestrian, and bicycle Infrastructure Program Integrated Transit Studies (“Transit Studies”) for the purpose of Common Council authorized funding for the Destination Medical Center Transportation andWHEREAS, In furtherance of the goals of the DMC Development Plan, the Rochester the transportation strategies and actions identified in the; andadopting the DMC Plan recognized the need to complete further study and refinement of WHEREAS, Action by the Rochester Common Council in City Resolution No.133-15 adopted the Plan on March 23, 2015; and DMC Development Plan (“Plan”) on April 23, 2015,and the Rochester Common Council WHEREAS, Pursuant to statute, the Destination Medical Center Corporation adopted a destination medical center; and,of public infrastructure projects that support the state and local objective of creating a Medical Center Development District (“District”) for the purpose of facilitating development WHEREAS, Minnesota Statute 469.40 provided for the establishment of a Destination Authorizing a Bus Rapid Transit (BRT) Operating Agreement with the Mayo Clinic. submitted and received a positive funding rating; and772Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFtwenty-year term with four (4) five-year options to renew.That the City of Rochester authorizes the signing of an agreement with Mayo Clinic for a NOW THEREFORE, BEITRESOLVEDby The City Council of The City of Rochester: Rochester to ride LINK for free.WHEREAS, The Agreement provides for a no-fare system enabling everyone in sources at current levels; and (Agreement) between the city of Rochester and Mayo Clinic, state, and federal funding annual operations and maintenance costs will be funded througha partnership agreement WHEREAS, The Downtown Rapid Transit Projectand Rochester Public Transit (RPT)Program; andFederal Transit Administration Capital Improvement Grant funds through the Small Starts WHEREAS, The City of Rochester and its project partners intend to continue to pursue feedback; anddefinition, budget, funding strategy, and timeline to be consistent with public and partner WHEREAS, On June 6, 2022, the Rochester City Council approved a revised project M 773:stnemhcattA nosnitraM?elaD:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?siht?morf?sevired?tcapmi?ecruoser?ro?lacsif?tcerid?oN:tcapmI?ecruoseR?&?lacsi F?.snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.snoisiced?ycilop?erutuf?ecneulfni?yam?dna?elcyc?tegdub?eht?tcapmitaht?sdnert?rotinom?ot?ytiliba?eht?licnuoC?sedivorp?t roper?siht?,yllanoitiddA?.detcepxe?sa?ton?era?seuneverfi?snalp?ycnegnitnoc?tegdub?etutitsni?dna?segnahc?tegdub?dnemmocer?ot?ytinutroppo?na?tnemeganamsevig?sihT?.serutidnepxe?dna?seunever?sti?gnirotin om?ni?ytiC?eht?stsissa?gnitroper?tegdub?ylretrauQ:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.adn ega?tnesnoc?eht?no?dne?retrauq?gniwollof?syad?gnikrow?8?naht?retalton?ssecorp?adnega?hguorht?ot?dettimbus?eb?lliw?stroper?tneuqesbuS?.detaicerppa?dna?democlew?eraraey?eht?tuohguorht?ecnamrofrep?tegdu b?llarevo?fo?"weiv?level-hgih"?a?peek?ot?srebmeM?licnuoC?gniplehno?sthguoht?ro?,snoitseggus?,snoitseuq?yna?os?"ssergorp?ni?krow?a"?si?troper?ecnamrofrep?laitini?sihT:evitarraN?tropeR.2202?,03enuJ?gni dne?doirep?eht?rof?troper?yrammus?ecnamrofrep?tegdub?ylretrauq?tsrif?eht?gnilif?dna?gnivieceR:detseuqeR?noitcA???2.HtropeR?ecnamrofreP?tegduB?ylretrauQ?2202?enuJ NOITCA?ROF?TSEUQER nosnitraM?elaD:RET NESERPsnoitadnemmoceR?dna?stropeR:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE R 774 2202?,03?enuJ?gnidnE?doireP?rof?tropeR?ecnamrofreP?tegduB?ylretrauQ?licnuoC?-?trope Charges for Services 775(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Revenue?ReportCity?of?Rochester,?MN 44.17-6,600.00-2,915.06Interest Earnings100.000.00-4,500.00Fair Value of Investments100.00-8,310,610.00-8,310,620.93Taxes100.000.00Special Assessments Revenue0.00-82,666.390.00Other Financing Sources204.14-5,603.00-11,438.170.00-1,000.000.00Licenses and Permits100.000.000.00Intergovernmental Revenues-25.69-18,000.004,624.30Interest Earnings100.000.00-16,800.00Fair Value of Investments51.30-625,029.00-320,626.90Charges for Services100.00-7,390,9 59.00-7,390,966.47Taxes0.00-72,225.000.00Other Financing Sources3,341.97-2,000.00-66,839.4949.27-1,151,003.82-567,093.32Intergovernmental Revenues-43.27-11,500.004,975.87Interest Earnings100.000.00-2 3,200.00Fair Value of Investments102.27-4,600.00-4,704.54Fines98.20-6,100.00-5,990.13Charges for Services100.000.00Other Financing Sources100.00-35,605.36-35,605.36100.00-3,295.00-3,295.00Intergovern mental Revenues244.40-2,485.38-6,074.37Interest Earnings93.55-64,763,578.00-60,584,509.76Taxes100.000.00Special Assessments Revenue5.67-5,011,063.22-284,118.03Other Financing Sources59.48-1,220,866.5 6-726,223.3771.69-4,719,645.00-3,383,505.58Licenses and Permits93.33-10,171,477.06-9,492,548.47Intergovernmental RevenuestrendRunning behind 41.93-12,726,858.00-5,336,899.85In Lieu of Tax-2.68-235,926.886,314.00Interest Earnings100.000.00-225,825.97Fair Value of InvestmentstrendRunning behind 45.19-358,336.48-161,944.79Fines51.04-4,195,076.00-2,141,310.33 City?of?Rochester,?MN 776 100.000.001,000.00Fair Value of Investments53.44-964,000.00-515,144.66Charges for Services100.02-16,764.00-16,768.15Taxes100.000.000.0079.19-58,000.00-45,930.21Miscellaneous Revenues0.00-17,363.000.00Intergovernmental Revenues-21.40-600.00128.39Interest Earnings100.000.00Fair Value of Investments82.37-329,300.00-271,251.78Charges for Services100.000.000.00Delay in recording29.39-434,575.00-127,724.34Taxes100.000.000.00100.000.000.00Miscellaneous Revenues100.000.000.00Intergovernmental Revenues100.000.00-4,347.97Interest Earnings100.00-5,800.00Fair Value of Investments100.000.000.00Charges for Services100.00-75,263.00-75,264.45Taxes100.000.000.0089.82-19,400.00-17,424.18Miscellaneous Revenues0.00-73,562.000.00Intergovernmental Revenues83.711,700.001,423.13Interest Earnings44.99-722,000.00-324,817.55Charges for Services100.00-158,129.00-158,125.82Taxes0.00-45,549.900.00Behind projections26.39-107,000.00-28,235.84Miscellane ous Revenues100.000.000.00Intergovernmental Revenues100.000.00-1,089.17Interest Earnings100.000.000.00Fair Value of InvestmentsDelay in recording44.27-1,300,550.00-575,718.81Charges for Services100.000.00Taxes0.006,600.00100.000.000.00Miscellaneous Revenues(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Revenue?Report City?of?Rochester,?MN 777 accrualsDelay in recording 41.47-28,311,000.00-11,741,481.66Charges for Services-19.591,020,971.65-200,000.00100.000.00-2,025,165.38Miscellaneous RevenuesRevenue not linear39.70-60,500.00-24,017.00Licenses and Permits100.000.000.00Intergovernmental Revenues825.04-205,000.00-1,691,327.89Interest Earnings100.000.00-74,900.00Fair Value of Investments51.07-466,6 76.00-238,336.00Fines46.96-6,356,840.00-2,985,214.81Charges for Services0.00330,849.00Delay in recording39.45-2,644,029.00-1,042,970.84Miscellaneous Revenues79.15-8,300.00-6,569.11Interest Earnings100.000.00-13,900.00Fair Value of Investments100.000.000.00Taxes0.00-173,227.000.00Not linear receipts25.78-1,598,041.00-412,021.45Miscellaneous Revenues45.30-9,255,292.00-4,192,827.00Interg overnmental Revenues143.09-26,700.00-38,204.66Interest Earnings100.000.00-55,600.00Fair Value of Investments100.000.00FinesslowRecovery in ridership 39.13-977,256.00-382,421.10Charges for Services100.00-580,682.00-580,682.59Taxes0.002,244,406.000.0052.17-3,284,556.00-1,713,600.06Miscellaneous Revenues0.16-2,291,000.00-3,585.50Intergovernmental Revenues332.80-11,500.00-38,272.46In terest Earnings100.000.00-51,900.00Fair Value of Investments41.94-1,120,784.00-470,011.96Charges for Services100.00-592,143.00-592,138.89Taxes0.00-16,707.000.0052.84-43,500.00-22,983.61Miscellaneous Revenues100.000.000.00Intergovernmental Revenues-19.74-4,500.00888.14Interest Earnings(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Revenue?Report City?of?Rochester,?MN 778 100.000.00Special Assessments Revenue0.001,462,411.000.00100.000.00-198,686.56Miscellaneous Revenues2.28-19,500.00-444.00Licenses and Permits100.000.000.00Intergovernmental Revenues95.54-124,000.00-118,475.28Interest Earnings100.000.00-166,600.00Fair Value of InvestmentsaccrualsDelay in recording 42.42-8,739,160.00-3,706,902.69Charges for Services100.000.000.00Taxes100 .000.00Special Assessments Revenue0.007,710,852.800.003,663.13-82,188.28-3,010,662.78Miscellaneous Revenues106.25-800.00-850.00Licenses and Permits100.000.000.00Intergovernmental Revenues80.32-311,00 0.00-249,803.99Interest Earnings100.000.00-235,500.00Fair Value of Investments100.000.000.00Fines(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Revenue?Report 41310 - City Council 779(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Expenditure?ReportCity?of?Rochester,?MN 47.74%371,600.00177,400.0044400 - Community Reinvestment38.98%325,420.00126,850.0344200 - ArtCtr/CivicTheatre/125Live33.50%1,454,024.00487,073.9744100 - Music35.55%1,522,124.00541,129.5043220 - City Lighting41.18%1,672,695.00688,859.3743200 - Traffic59.11%782,438.00462,503.4943125 - Fleet Mtce & PWTOC Bldg53.20%9,197,941.044,893,360.1143100 - Street Infrastructure Mtce51.52%3,719,632.001,916,445.3843000 - Engineering44.55%401,550.00178 ,906.3242600 - Emergency Management22.33%878,173.00196,109.6042500 - Flood Control46.95%4,200,836.691,972,254.2542400 - Community Dvlpmt Protctve Inspmonies arrive.Reimbursement will occur when Appropriation of State 438.61%8,466.1537,133.0942260 - Hazmat49.49%20,243,883.0310,018,306.3442200 - FirePolice and Fire yet to occur.Expense allocations to County, 90.38%1,069,099.05966, 253.1242141 - Dispatch100.00%0.000.0062.92%402,013.39252,934.7947.33%33,006,163.0315,620,790.7742100 - Police40.47%642,294.39259,955.4941960 - City Hall Maintenance48.71%2,678,553.001,304,769.1141920 - Information Technology52.69%326,217.00171,898.6941919 - DSIC & North Statn Maintenance42.80%1,697,762.00726,721.0541910 - Community Development46.88%2,465,220.001,155,580.8741800 - Human Resources37.35%2,079,922.06776,859.1741600 - Legal47.39%2,142,677.001,015,482.9441500 - Finance12.24%23,739.002,906.5041450 - Administrative Finesoccur later in year.Allocations from Parking Fund 100.00%0.0021,753.8241430 - Parking Ticket Collections47.46%374,172.00177,581.6441420 - Elections54.37%966,287.55525,410.0541400 - City Clerk51.44%2,471,541.381,271,364.3741320 - City Administration57.26%351,663.00201,367.9441315 - Mayor56.85%849,011.00482,645.22 City?of?Rochester,?MN 780 38.70%888,525.00343,858.2046200 - Graham Arena48.70%1,611,228.90784,588.6646150 - Golf100.00%0.000.0046100 - FE Williams38.05%97,648.0037,158.2346040 - Plummer House28.76%690,351.00198,574.0946033 - Parkway Maintenance50.51%6,528,879.003,297,893.7946030 - Parks12.39%231,990.0028,747.4646020 - Pools50.73%59,294.0030,079.0546013 - Tennis Center51.87%753,669. 39390,904.4846010 - Recreation49.04%681,077.00333,993.9746001 - Park & Rec Administration50.01%8,638,387.824,320,405.0245500 - Libraryrevenues.account) exceed current year Spend of gift donations (savings 388.66%41,385.74160,848.7845500 - Library50.31%2,055,382.591,033,986.0044620 - ContingencyOnce/year Airport Storage Lease79.62%108,867.0086,677.6644600 - Unallocated20.49%599,926. 85122,938.8553.70%4,313,533.002,316,387.3844500 - Economic Development(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Expenditure?Report City?of?Rochester,?MN 781-112.54%-395,612.00445,225.0049635 - Sanitary Sewer Fund Debt40.72%21,389,747.488,709,192.3949630 - Water Reclamation Plant63.85%6,068,044.353,874,278.8649400 - Parking58.63%2,321,480.001,361,156.8144500 - Economic Development35.14%12,030,516.004,227,875.4646950 - Transitbudget time.traffic exceeds expectations at Rebound in international flight 103.77%161,500.00167,588.7650.83%4,882,616.002,481,751.6046900 - Airport43.99%1,620,850.00713,021.2646350 - Recreation Center45.05%422,027.00190,113.5546300 - National Volleyball Center10.98%434,575.0047,721.2446250 - Mayo Civic Center(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Expenditure?Report City?of?Rochester,?MN 782 41.21%7,420,249.003,057,721.6549650 - Storm Water Utility(50%?of?the?Year?Completed)thru?June?30th,?2022Council?Budget?to?Actual?-?Expenditure?Report M 783.cisuM?civiC?ot?kcabdeef?ytinummoc?,noisnetxeyb?,dna?noitatneserper?draw?gnidivorp?yb?,yleman?;ydob?yrosivda?na?sa?snoitcnuf?draoB?cisuM?eht?wohfo?gnidnatsrednu?retteb?a?evah?lliw?srebmem?draob? tnerruc?dna?cilbup?eht?htob?,ecnanidro?eht?gnitadpunI?.draoB?cisuM?eht?fo?seitilibisnopser?dna?elor?eht?yfiralc?ecnanidrO?eht?ot?setadpu?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.drawno?,3202?,1?yraunaJ?morf?detneserperniamer?lliw?sdraw?xis?lla?,draob?rebmem-9?a?sA?.3202?,1?yraunaJ?yb?snoit aripxe?mret?3?dna?noitangisereno?etapicitna?ew?;yllacinagro?deveihca?eb?lliw?srebmem?9?ot?31?morf?ezis?draob?ni?noitcuder?ehT?.draoB?cisuM?eht?foeulav?dna?elor?eht?dnatsrednu?ot?denoitisop?retteb?eb? lliw?-?licnuoC?ytiC?eht?dna?,tnemtrapeD?cisuM?civiCeht?,draoB?cisuM?eht?sa?llew?sa?-?cilbup?eht?,erutcurts?dna?egaugnal?detadtuo?gnivomer?yB?.draoB?eht?foelor?dna?noitcnuf?tnerruc?eht?fo?noitacifidoc ?lamrof?a?tneserper?segnahc?desoporp?eht?,gnikaeps?yldaorB?.tnemtrapeD?cisuM?eht?ot?noitaler?ni?draoB?eht?fo?elor?eht?tcelfer?yletarucca?ot?dna?,draoB?cisuMeht?fo?eulav?cigetarts?eht?yfiralc?ot?era?s egnahc?desoporp?eht?fo?esoprup?ehT?.ecnanidrO?draoB?cisuMeht?ot?stnemdnema?desoporp?fo?lavorppa?licnuoC?stseuqer?tnemtrapeD?cisuM?civiC?retsehcoR?ehT:evitarraN?tropeR.tnemtrapeD?cisuM?eht?ot?noitaler ?ni?draoB?ehtfo?elor?tnerruc?eht?gnitcelfer?yletarucca?erom?dna?,draoB?cisuM?eht?fo?eulav?cigetarts?eht?gniyfiralc?,draoBcisuM?eht?ot?detaleR?7-2?retpahC?secnanidrO?fo?edoC?retsehcoR?gnidnema?ecnanid rO?na?gnitpodA:detseuqeR?noitcA???1.KdraoB?cisuMeht?ot?detaleR?7-2?retpahC?-?tnemdnemA?ecnanidrO NOITCA?ROF?TSEUQER rotceriD?cisuMciviC?,ztiwonibaR?lativA:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?A DNEGAcisuM?civiC?retsehcoR:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE ?784 draoB?cisuM?7-2?retpahC?-?tnemdnemA?ecnanidrO?desoporP:stnemhcattA ztiwonibaR?lativA:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.tcapmi?lacsif?oN:tcapmI? ecruoseR?&?lacsiF?.gnidaer?tsrif?ecnanidrO?-?licnuoC?ytiC?:2202?,81?yluJ?.devorppa?egaugnal?ecnanidrO?-?licnuoC?ytiC?:2202?,02?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.srebmem?draob?erut uf?sa?seitinummoc?dna?sdraw?rieht?tneserper?nac?yeht?woh?dna?,draoB?cisuM?ehtdna?tnemtrapeD?cisuM?eht?neewteb?pihsnoitaler?eht?dnatsrednu?ot?derewopme?leef?lliw?cilbup?eht?,draoBcisuM?eht?fo?snoitatc epxe?dna?seitilibisnopser?eht?gniyfiralc?yb?taht?noitnetni?s’tnemtrapeD?cisuM?eht?si?tI ORDINANCE NO___________785 upon changing residence from the ward from which appointed. shall be deemed to have resigned and vacated the office wardrepresentative of their Any member who serves as the sole appointment requires residence in a particular wardAny member whose appointment by the mayor with the advice and consent of the council. Vacancies occurring on the board shall be filled for the unexpired term by .Vacancies – .5-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 5-7-2Section . 3Section term. considered for reappointment until one (1) year after the expiration of their second full l not be After serving two full consecutive terms, members of the board wilmembers. each year. The mayor, with the advice and consent of the council, may reappoint terms of less than three years in order that thereafter, an equal number of terms expire be made for a successor is appointed and qualified, except that initial appointments may years and until (3)Each member of the board shall be appointed for a term of three .Term –. 3-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 3-7-2Section . 2Section . represented by at least one member and seven from the city at largeeach ward with one fromembers, m )9(nine 13There shall be a permanent music board of .Composition –. 1-7-2Sec. to read as follows:amended the Rochester Code of Ordinances is hereby of 7-2Chapter of 1-7-2Section . 1Section ORDAINS:UNCIL OF THE CITY OF ROCHESTER THE COMMON CO .MUSIC BOARDRELATING TO OF THE ROCHESTER CODE OF ORDINANCES 2ITLE 7 OF T-CHAPTER 2OF 18 -7-17, AND 2-7-15, 2-7-14, 2-7-2SECTIONS AND REPEALING 19, -7-216, -7-11, 2-7-9, 2-7-8, 2-7-6, 2-7-5, 2-7-3, 2-7-1, 2-7-2AMENDING SECTIONS AN ORDINANCE 2 786 members of the board shall constitute a quorum to transact business. Five (5) Eight . – 11-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 11-7-2Section . 7Section once each quarter at a time and place selected by a vote of its members.shall meet in regular session at least regular annual meeting in January of each year andet no less than four (4) times per year and as needed. meThe board shall . Regular meetings – .9-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 9-7-2Section . 6Section . proceedings of the board and transmit its recommendations to the mayor and councilThe board shall keep a record of all meetings and committee shall be selected to preside. y vacancy in the position, a member of the executive or in the event of a temporarThe president shall preside over all meetings of the board. In the president's absence Duties of officers. – .8-7-2Sec. amended to read as follows: of the Rochester Code of Ordinances is hereby 7-2of Chapter 8-7-2Section . 5Section the best interests of the city shall be served thereby. discretion, their hisThe mayor may remove any member of the board whenever, in . Removal – .6-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 6-7-2Section . 4Section 3 787advisory, nonvoting members to the board for such terms as the board may designate, When requested by the board, the mayor may appoint not to exceed two ex officio or Ex officio members. – .14-7-2Sec. :repealedof the Rochester Code of Ordinances is hereby 7-2of Chapter 14 -7-2Section . 0Section 1 . properly inform the mayor and council as to the status of the programconcerning its past, present and future activities as the board deems necessary to n and such other informatiothe preceding calendar year of duringand accomplishments activities documenting the setting forth itsreport to the mayor and council, annualan aboard shall make advisorythe andCivic Music , Not later than March 1 of each year . Annual report – 19-7-2Sec. to read as follows:amended of the Rochester Code of Ordinances is hereby 7-2of Chapter 19-7-2Section . 9Section capacity. authority to make final decisions on any matter; instead, the board acts in an advisory no community representation in matters pertaining to Civic Music. The board has The board’s purpose is to provide guidance and support to Civic Music, and to assure hereafter acquired and devoted exclusively to the music program of the city.property now or To take possession and assume responsibility for all (6) bids shall be by the council. connection with contracts which must be let upon advertisement and public its budget by the council; provided, however, that all proceedings in extent authorized in To incur obligations for commodities and services to the (5) To accept gifts and bequests for the benefit of the music program. (4) in the city and vicinity. To promote and encourage all music and musical activities of a public nature (3) that purpose. available for To provide music for the general public within the limits of the funds made (2) music program for the city. To develop, organize, promote and administer a comprehensive, coordinated (1) The board shall have the following powers and duties: Powers and duties of board. – 16-7-2Sec. :amended to read as followsof the Rochester Code of Ordinances is hereby 7-2of Chapter 16 -7-2S. 8Section 4 788 by the council as required by the Charter and other laws applicable thereto. penditures from said fund and all contracts let to be paid out of said fund shall be made exbe maintained in a separate account by the city treasurer and all appropriations or for music purposes. Records of all receipts and expenditures relating to said fund shall l from the general fund and all monies donated or otherwise acquired by the city counciemployment of a band for municipal purposes, all monies transferred thereto by the taxes levied under authority of state law for the maintenance, transportation, and There is created and established a separate music fund into which shall be paid all Music fund. –. 81-7- repealed:he Rochester Code of Ordinances is hereby t7 of -Chapter 2of 18 -7-Section 2 3.Section 1 board, by a member or the manager. the board, such claims shall be first approved by the board or, when authorized by the Before any claims are submitted to the council for payment of obligation incurred by xpenses.E –. 71-7- repealed:the Rochester Code of Ordinances is hereby 7 of -Chapter 2of 17 -7-Section 2 2.Section 1 council. board shall be fixed by the music director, manager and other personnel employed by themeans provided therefor in the budget adopted by the council. The compensation of the have the authority to employ such other personnel as it deems necessary within the he council. The board shall be employed by the board with the advice and consent of tThe permanent positions of music director and manager are established who shall Music director, manager, and other employees. – .15-7-2Sec. repealed:the Rochester Code of Ordinances is hereby of 7-2Chapter of 15-7-2Section .1Section 1 apply to ex officio members of the board. 4 shall not -7-removed at any time by the mayor or the board. The provisions of section 2advisory member need not be approved by the council and any such member may be but not to exceed one year from the date appointed. The appointment of any ex officio or 5 789 .docx7.MusicBoard-220/Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK __________________________ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .202ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2 THE CITY OFBY THE COMMON COUNCIL OF D PASSED AND ADOPTE This ordinance shall become effective from and after its publication. 4.1Section M 790 etatS?atosenniM?rednu?deriuqer?pets?a(?noitangised?desoporp?siht?no?detlusnoc?saw?eciffo?noitavreserpcirotsih?etats?ehT?.yduts?dehcatta?eht?ni?dedivorp?si?tem?era?airetirc?eseht?fo?htob?woh?fo? noitanalpxena?dna?noitatnemucoD?.ytic?eht?ni?erutaef?lausiv?railimaf?dna?dehsilbatse?na?gnitneserper?scitsiretcarahclacisyhp?rehto?ro?,elacs?,noitacol?sti?ot?eud?si?airetirc?dnoces?ehT?.elyts?larutce tihcra?na?fo?scitsiretcarahcgnihsiugnitsid?fo?tnemidobme?sti?rof?si?tem?airetirc?tsrif?ehT?.dedeen?si?eno?ylno?;noitangisedlacol?rof?airetirc?thgie?eht?fo?owt?steem?gnidliub?tnalp?rewop?niam?eht?taht ?setacidni?yduts?ehT??.emit?siht?ta?dednemmocergnieb?ton?si?ti?dna?,ssecorp?etarapes?a?rednu?draoB?weiveR?etatS?eht?yb?lavorppa?dna?,slattimbus,noitatnemucod?lanoitidda?eriuqer?dluow?ti?tub?,erutuf?e ht?ni?tniop?emos?ta?deusrup?eb?yam?noitangisedretsigeR?lanoitaN?.ylno?noitangised?lacol?rof?si?noitadnemmocer?tnerruc?eht?,smargorp?retsigeR?lanoitaNdna?lacol?eht?htob?fo?ytilibigile?eht?teem?ot?dnuo f?neeb?sah?ytreporp?eht?elihW?.ereh?dehcatta?si?"ytilibigilEkramdnaL?cirotsiH?retsehcoR?,tnalP?rewoP?ekaL?revliS"?,troper?ytilibigile?lacol?ehT?.tnatlusnoc?ehtyb?delipmoc?noitamrofni?eht?gnisu?,lenno srep?ytiC?yb?detelpmoc?saw?noitangised?lacol?rof?noitaulave?ehT.noitangised?lacol?rof?ytreporp?eht?etaulave?ot?dedeen?osla?noitamrofni?eht?sedivorp?,revewoh?,tnatlusnoceht?yb?detelpmoc?hcraeser?ehT?. noitangised?lacol?rof?ton?,ylno?margorp?secalP?cirotsiH?fo?retsigeRlanoitaN?eht?rof?ytilibigile?redisnoc?ot?elbaliava?era?stnarg?esehT?.ytreporp?eht?fo?ecnacifingis?cirotsiheht?etaulave?ot?tnatlusnoc ?a?erih?ot?dnuF?egatireH?larutluC?&?lacirotsiH?atosenniM?eht?morf?derucessaw?tnarg?A??.lennosrep?ytiC?dna?stnatlusnoc?diap?htob?yb?detelpmoc?saw?ytreporp?eht?fo?noitaulavE???.kramdnal?cirotsih?a?sa?t i?etangised?dna?tsil?kramdnal?laitnetop?eht?morf?ytreporp?eht?evomerlliw?noitca?sihT?.noitpoda?licnuoC?ytiC?rof?kcab?ti?gnirb?dna?ecnanidro?na?eraperp?ot?eciffO?s'yenrottA?ytiCeht?tpmorp?dluow?ACR?si ht?gnivorppA?.tsil?kramdnal?laitnetop?eht?no?won?seitreporp?401?fo?eno?si?tI?.4102ni?stnatlusnoc?ytiC?yb?detcudnoc?yevrus?I?esahp?eht?ni?deifitnedi?saw?tnalP?rewoP?ekaL?revliS?.ecnanidrona?fo?noitpod a?eht?htiw?licnuoC?ytiC?eht?yb?detelpmoc?si?ssecorp?noitangised?lautca?ehT?.ecnanidronoitavreserp?egatireh?eht?morf?airetirc?thgie?eht?fo?erom?ro?eno?steem?ti?taht?yfirev?ot?detaulave?neht?sitI?.ecna cifingis?cirotsih?rof?airetirc?eht?gniteem?ylbissop?sa?deifitnedi?tsrif?si?ytreporp?a?,noitangised?ot?roirP????.margorp?noitavreserpegatireh?lacol?s'retsehcoR?rednu?detangised?neeb?evah?taht?seitrepo rp?seifitnedi?)"kramdnal?cirotsih"?ro("kramdnaL"?mret?ehT?.tnacifingis?yllacirotsih?sa?ytreporp?a?ezingocer?ot?ssecorp?lamrof?eht?si?noitangiseD:evitarraN?tropeR.kramdnal?cirotsih?detangisedyllacol?a ?sa?tnalP?rewoP?ekaL?revliS?eht?ot?detaleR?ecnanidrO?na?fo?gnidaer?tsrif?eht?gnilif?dna?gnivieceR:detseuqeR?noitcA???2.KtnalP?rewoP?ekaL?revliSfo?noitangiseD?kramdnaL?cirotsiH?lacoL?-?ecnanidrO NOITCA?ROF?TSEUQER nergdnuL-nosrettaP?ylloM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNITEE S 791,ytisreviD?s'ytiC?eht?yb?detcapmi?eb?ro?tcapmi?yltcerid?ton?lliw?,tnalP?rewoP?ekaL?revliS?eht?,ytreporpsiht?fo?noitangised?eht?taht?si?gnidnatsrednu?ruO?.yrotsih?hcir?s'retsehcoR?fo?ytisrevid?eh t?etarbelecot?seirots?dna?seitreporp?dnif?ot?kees?ew?,rehtruF?.noisulcni?dna?ytiuqe?fo?saera?eht?ni?noitaredisnoclanoitidda?tnarraw?yam?seitreporp?emos?fo?yrotsih?eht?taht?erawa?si?maet?tnempoleveD?y tinummoC?ehT???.noitangised?kramdnal?tnarraw?ton?od?yeht?gninimretedro?skramdnal?sa?seitreporp?gnitangised?rehtie?,tsil?kramdnal?laitnetop?eht?etanimile?ot?si?laog?ehT.tsil?kramdnal?laitnetop?eht?no? seitreporp?fo?sutats?kramdnal?eht?fo?noitaredisnoc?dna?weiver?a?sedulcninalp?krow?ehT?.0202?,02?yluJ?no?,licnuoC?ytiC?yb?detpoda?saw?nalP?margorP?noitavreserP?egatireH?ehT?"...?licnuoc?eht?yb?detpoda ?ecnanidro?yb?ruccollahs?noitangised?kramdnaL?"dna"?airetirc?erom?ro?1?steem?ti?,gniraeh?cilbup?a?ta?deviecer?ynomitsetretfa?,senimreted?noissimmoC?eht?nehw?tcirtsid?kramdnal?ro?ytreporp?kramdnal?a?s a?,foereht?noitcellocyna?ro?,tcejbo?ro?,erutcurts?,etis?,gnidliub?a?fo?noitangised?eht?,licnuoC?ytiC?eht?ot?gnidnemmocerredisnoc?llahs?noissimmoC?ehT"?taht?sedivorp?ecnanidrO?noitavreserP?egatireH?eh t?fo?01-7-4?.ceS:tcapmI?IED?&?snoitaredisnoC?yciloP pihsdrawetS?latnemnorivnEtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.erutufeht?ni?tniop?emos?ta?ytreporp?eht?fo?tnem poleveder?kees?ot?sesoohc?ytiC?eht?fi?noitapicitrap?s'repolevedetavirp?a?rof?evitnecni?na?eb?dluoc?sihT?.stiderc?xat?cirotsih?rof?noitacilppa?erutuf?a?fo?ytilibissop?ehtsnepo?ytilibigile?retsigeR?lan oitaN?fo?gnidnif?ehT?.desaec?evah?ereht?snoitarepo?UPR?retfa?,gnidliub?ehtfo?esuer?erutuf?wolla?dluow?hcihw?dial?neeb?sah?krowdnuorg?eht?,tnatlusnoc?eht?yb?detelpmoc?ytreporpeht?no?hcraeser?eht?htiw? ,yllaniF?.snalp?krow?tnempoleveD?ytinummoC?dna?margorp?noitavreserpegatireh?eht?ni?deifitnedi?saw?taht?laog?a?,tsil?kramdnal?laitnetop?eht?morf?ytreporp?a?sevomer?noitangisedsiht?,dnoceS?.seitreporp? cirotsih?fo?esu?deunitnoc?dna?noitavreserp?eht?gnigaruocne?yb?ytic?ehtfo?egatireh?eht?draugefas?ot?desu?si?tI?.margorp?noitavreserp?egatireh?s'retsehcoR?fo?noissim?lartnec?asi?noitangised?eht?,tsriF? .slaog?ytiC?lareves?sehsilpmocca?tnalP?rewoP?ekaL?revliS?eht?fo?noitangised?ehT????.gniraeh?cilbup?eht?ta?rettam?eht?ot?kaeps?ot?laudividniylno?eht?saw?yabuzD?.rM?.kramdnal?a?sa?etis?eht?etangised?ot ?lasoporp?eht?no?noitisop?laiciffo?on?nekatsah?UPR?taht?detacidni?dna?CPH?eht?yb?dleh?gniraeh?cilbup?eht?dednetta?,yabuzD?ynoT?,secruoseRrewoP?fo?reganaM?s'UPR?.weiver?CPH?dna?etis?eht?fo?yrotsih?eht ?no?hcraeser?dna?noitacilppa?tnarglaitini?ni?detapicitrap?yehT?.noitangised?dna?noitaulave?ytreporp?fo?ssecorp?eht?tuohguorht?lufpleh?neebsah?maet?UPR?ehT?.devorppa?eb?nac?stcejorp?dennalp?taht?detap icitna?si?ti?dna?,krow?gnimocpu?ssucsidot?ecalp?nekat?evah?setammaet?tnempoleveD?ytinummoC?eht?dna?)UPR(?seitilitU?cilbuP?retsehcoRneewteb?snoissucsiD?.ssenetairporppa?fo?etacifitrec?a?eriuqer?lliw?, lavorppa?gninoz?ro?timrep?a?eriuqerhcihw?,tnalp?eht?ot?snoitaretla?erutuF?.ytilicaf?eht?fo?noitarepo?ro?esu?tnerruc?egnahc?ton?lliw?noitangisedsiht?gnivorppA?.lanosrep?UPR?ot?ecaps?eciffo?sedivorp?os la?dna?ygrene?pu?kcab?dna?maets?detimilsecudorp?llits?ti?,edaced?txen?eht?nihtiw?enilffo?nekat?eb?ot?detals?si?ti?elihW?.sniatniam?dna?setarepo)UPR(?seitilitU?cilbuP?retsehcoR?hcihw?,ytreporp?denwo?y lcilbup?a?si?tnalP?rewoP?ekaL?revliS?ehT?.”skramdnal?lacol?rof?8?&?5?airetirc?gniteem?no?desab?,tropeRytilibigilE?kramdnaL?cirotsiH?retsehcoR?,tnalP?rewoP?ekaL?revliS?eht?ni?detnemucod?sa?,7-4?edoC?y tiCrednu?stnemeriuqer?gniteem?,kramdnal?cirotsih?a?sa?,gnidliub?tnalP?rewoP?ekaL?revliS?eht?fo?noitangisedeht?licnuoC?ytiC?ot?dnemmocer?ot“?,noitom?a?devorppa?ylsuominanu?CPH?ehT?.margorp?noitavreser pegatireh?s'retsehcoR?rednu?kramdnal?cirotsih?a?sa?tnalP?rewoP?ekaL?revliS?eht?gnitangised?redisnocot?gniraeh?cilbup?a?dleh?)CPH(?noissimmoC?noitavreserP?egatireH?eht?,62?lirpA?no?gniteem?rieht?tA?." ...noitangised?lacol?rof?etadidnac?laedi?na"?si?ytreporp?eht?taht?noinipo?rieht?gnitacidni?,stnemmocsedivorp?,2202?,02?lirpA?detad?,pooK?leahciM?morf?rettel?dehcatta?nA?.)6?.dbuS?,391.174?etutat E 792 tnalP?ekaL?revliS?-?ecnanidrO?desoporP:stnemhcattA nergdnuL-nosrettaP?ylloM:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.UPR?yb?dedeen?regnol?on?si?ti?nehw?er utuf?ehtni?tniop?emos?ta?ytreporp?eht?fo?esuer?eht?rof?secruoser?laicnanif?kees?ot?krowdnuorg?eht?edivorp?,etadot?detelpmoc?noitatnemucod?dna?,noitaulave?,hcraeser?ehT?.ytiC?eht?morf?secruoser?laicna nif?lanoitiddayna?eriuqer?ro?tcapmi?yltcerid?ot?detcepxe?ton?si?tnalP?rewoP?ekaL?revliS?eht?fo?noitangised?ehT:tcapmI?ecruoseR?&?lacsiF?.gnidaer?tsrif?a?nevig?saw?ecnanidrO?-?licnuoC?ytiC?:2202?,81?y luJ?.gnidaeRtsriF?a?rof?ecnanidrO?eraperp?ot?noitcerid?dna?noitangised?fo?lavorppA?-?licnuoC?ytiC?:2202?,02?enuJ?.kramdnaLa?sa?etangiseD?ot?licnuoC?ytiC?ot?noitadnemmoceR?&?gniraeH?cilbuP?-?gniteeM?C PH?:2202?,62?lirpA.kramdnaL?laitnetoP?a?sa?ytreporP?gnitangiseD?-?gniteeM?CPH?:0202?,71?.voN.skramdnaL?laitnetoP?no?esuoH?nepO?-?gniteeM?CPH?:7102?,52?.naJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL? roirP?.sevitcejboIED?ytiC?steem?taht?rennam?a?ni?,etis?eht?poleveder?ro?esuer?ot?laitnetop?eht?gnidulcni?,erutuf?eht?niytreporp?eht?fo?tnempoleveder?eht?rof?krowdnuorg?eht?syal?noitangised?sihT?.slao g?noisulcnI?dna?,ytiuq ORDINANCE NO. ____793 historical landmark. local designating the Silver Lake Power Plant as a , including the legal description,Ordinancea certified copy of the , & Licensing record with the Olmsted County Property Records10 (f), the City Clerk is hereby authorized to -7-Code 4Pursuant to City . 5Section the official list of Landmark Properties.designated as a local historic landmark and shall be included to potential landmark list and Rochester Code of Ordinances, the Silver Lake Power Plant shall be removed from the 10 of the -7-ursuant to Subdivision (e) of Section 4Therefore, p Section 4. historic landmark for the City of Rochester. ignate as a local Silver Lake Power Plant meets two requirements to deshe Common Council of the City of Rochester On June 6, 2022, t .3Section recommendations of the subject property. On June 6, 2022, the Common Council considered the reports and 2. Section Block 63 Original Plat City of Rochester3, -Mill Reservation, Northern Addition to Rochester and Lots 1 Legal: Rochester, MN 55906 425 Silver Lake Drive NE Address: Silver Lake Power Plant Name: ndmark designation is described as follows:subject to historic ladesignate the following property as a locally designated historic landmark. The property of the Heritage Preservation Commission, has requested that the Common Council Community Development Department, on behalf City of Rochester Section 1. The THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: .LIST OF LANDMARK PROPERTIESTHE RELATING TO HE ROCHESTER CODE OF ORDINANCESOF T10 -7-4(e) OF SECTION SUBDIVISIONAMENDING AN ORDINANCE 794 SilverLakePlant.HPC\\20Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22_____ DAY OF ___________________, 20APPROVED THIS CITY CLERK ATTEST: ____________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .22ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 20 COMMON COUNCIL OF THE CITY OFPASSED AND ADOPTED BY THE This ordinance shall be effective from and after publication. .6Section 2 M 795:yB?deraperP.emit?siht?sa?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.sDI?lapicinuM?gnicudorp?rof?stsoc?detapicitna?on?era?ereht?,seilppus?gnitsixe?gnisU:tcapmI?ecruoseR?&?lacsiF? .gnidaer?tsrif?a?nevig?ecnanidrO?-?licnuoC?ytiC?:2202?,81?yluJ.devorppamargorP?noitacifitnedI?lapicinuM?a?etaerc?ot?ecnanidrO?desoporP?-?licnuoC?ytiC?:2202?,02?enuJsDI?lapicinuM?no?noisseS?ydutS?-?li cnuoC?ytiC?:2202?,81?lirpA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.tnemegagnE?&?noitcennoCytinummoC?:3?.oN?laoG?ralucitrap?ni?,slaoG?IED?s'ytiC?eht?stroppus?margorp?DI?lapicinuM?ehT:tcapmI? IED?&?snoitaredisnoC?yciloP noissapmoCytiuqE?laicoS:selpicnirP?lanoitadnuoF?&?seitiroirP.eerf?rof?DI?lapicinuM?a?eviecer?ot?elba?eb?dluow?yfilauq?ohw?srebmem?ytinummoc?,margorp?eht?rednU??.smargorp?d na?secivres?gnisseccatroppus?ot?noitacifitnedi?deussi-ytic?a?niatbo?ot?srebmem?ytinummoc?swolla?margorP?DI?lapicinuM?A?.seitilapicinum?rehto?ni?esoht?ot?ralimis?,retsehcoRni?margorp?DI?lapicinum?a?gn itaerc?tuoba?yrarbiL?eht?dehcaorppa?srebmem?ytinummoc?,9102?nI:evitarraN?tropeR.sdraC?noitacifitnedIytiC?fo?tnemhsilbatsE?eht?ot?gnitaleR?91-9?retpahC?gnitcane?dna?gnitaerc?ecnanidrO?na?gnitpodA:dets euqeR?noitcA???3.KsdraCnoitacifitnedI?ytiC?fo?tnemhsilbatsE?-?ecnanidrO NOITCA?ROF?TSEUQER rhetS?ydnA:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAyrarbiL:TPED?GNITANIGIRO2202?,22?tsuguA:ETAD?GNI TEE K 796 DI?lapicinuM?-?ecnanidrO:stnemhcattA ekmeL?nera 797 purchase of alcohol, tobacco, or firearms. at it is not valid for driving, voting, oridentification card shall include a statement th not identifying exclusively as either male or female or not having a gender). The city binary" (i.e.,-name and gender identification including options for "male, female and non for the cardholder’s preferred issued by the City shall provide the optional opportunity card identification city date. expiration an photograph; cardholder’s address; residence cardholder’s birth; of date cardholder’s name; legal full cardholder’s that displaysmeans the city identification card issued by the City City identification card Rochester. of City means City chapter, except where the context clearly indicates a different meaning: this in them to ascribed meanings have shall phrases terms, words, following .Definitions – 2--9 Sec. services, programs, and activities in the City. access to City residents a positive and productive resource be will community identification card program will aid the general welfare of the establishment of a city programs and activities from the City and local business. The City finds that the identification, and therefore may have difficulty obtaining services and participating in of forms recognized to access adequate have do residents many that recognizes City persons. many to home temporary permanent a as serves Rochester of City .Findings - 1--9 Sec. CARDS CITY IDENTIFICATION -9 enacted to read as follows:of the Rochester Code of Ordinances is hereby created and -Chapter 9 Section 1. ORDAIN: DO ROCHESTER OF CITY OF COUNCIL COMMON CARDS.ESTABLISHMENT OF CITY IDENTIFICATION CODE OF ORDINANCES RELATING TO THE 19 OF TITLE 9 OF THE ROCHESTER -CHAPTER 9AN ORDINANCE CREATING AND ENACTING ORDINANCE 798 cards; identification Consular c. card; identification or license driver’s Tribal b. U.S.; in state by issued card identification or license Driver’s a. identity of the applicant. may be submitted if expired, but the document must substantiate or confirm the agency. A document the issuing certified by a copy original or st be anmu identity applicant’s demonstrates that document A birth. of date applicant’s display a current photograph of the applicant and name, and must must display together, identity documents. At least one document, or two documents when taken following. An applicant must present a minimum of two of the Proof of identity 1) boundaries. corporate city within residency of proof demonstrates identity, of proof demonstrates to an applicant who under penalty of perjury submits a complete application, card identification city a issue administrator program chapter, this in provided As a) .Application – 4--9 Sec. activities, and to provide a means to substantiate a person’s identity. ncy within the City in order to access City programs, services, anddemonstrate reside to means with a provide a resident to is card identification of the city The purpose d) within City corporate boundaries for a continuous period of 180 days. present longer no is person when or boundaries, corporate City within resides longer must surrender a city identification card when the card expires, or when the person no A city identification card expires four years from the date of issuance. A person c) a form to prevent unauthorized replication or counterfeiting. be produced in to identification card city cause the will administrator The program b) resident who satisfies the application requirements. The program administrator is authorized to issue a city identification card to any a) card. identification City purpose and Issuance – 3--9 Sec. presents proof of residency. card identification city a applying to prior days continuous 30 of minimum means a person who resides within the City corporate boundaries for aResident the City or a City employee. department ofissue and administer the city identification card. Any designee must be a means the Library Board or a designee of the Library Board toProgram administrator 799 certificate. or license Marriage territory or possession of the U.S.; or School identification (with photo) issued by a school in any state, territory or possession of the U.S.; t state, in business does that bank a by issued card Credit or possession of the U.S.; territory state, in business does that bank a by issued card Bank the U.S.; of possession or territory state, by issued license Professional card; identification insurance Medical z. U.S.; issued by any state, territory or possession of theConcealed carry permit y. U.S.; of possession or territory state, in employer an by issued form 2-W x. card; Service Selective U.S. w. card; identification inmate Justice of Department U.S. v. card; Affairs Veterans of Department U.S. u. license; driver’s Forces Armed U.S. t. card; identification dependent military U.S. s. card; Administration Security Social U.S. r. of birth; date applicant's applicant of photograph a card 2. entry into the issuing country; and-to a passport for re ard as an alternativeauthorizes the use of the c The issuing country 1. country that meets all of the following requirements: foreign a of government federal by issued card identification Photo q. Corrections (with photo); of Department Minnesota from identification offender Released p. retired); or reserve duty, (active card identification military U.S. o. 214;-DD military U.S. n. citizenship; of certificate U.S. m. naturalization; of certificate U.S. l. Authorization Card (EAC); Employment (USCIS) Services Immigration Citizenship U.S. k. passport; Foreign j. birth; of affidavit Affairs Indian of Bureau or Tribal i. card; identification Minnesota h. card; passport or passport U.S. g. 1350);-DS or 240,- abroad birth of certificate U.S. f. records/certificates and abstracts of birth);(excluding hospital U.S. of possession or territory state, by issued certificate Birth e. card”); “green a as known (commonly card resident permanent U.S. d. 800 der penalty of perjury.information provided in their applications un city identification card. The City shall require applicants to sign and declare the to issue and administer the and regulations consistent with this chapter or as necessary designee is authorized to adopt rules The program administrator or the administrator’s .Implementation – 5--9 Sec. applicable state law. by required as card identification city data that only maintain shall City c) signed by the minor’s parent or legal guardian. completed be must minor a of behalf on completed application An card. identification above; and (2) the parent or legal guardian satisfies the requirements for a city parent or legal guardian if: (1) the applicant cannot produce any of the items set forth pplicant’s A minor may demonstrate residency through the residency of the a b) dated within the last 30 days. insurance) automobile or life, health, renter’s, (homeowner’s, bill Insurance j. days; or Federal or state income tax or refund statement dated within the last 30 i. the last 30 days; within dated court Federal or State a by issued order court or summons Jury h. days; 30 last within dated stub Employment g. student and/or parent of student; either residency of proof establish to used be which boundaries, corporate city within located school a in enrollment of current Proof f. days; 30 last within dated statement account Bank e. last 30 days; Local property tax statement or mortgage payment receipt dated within the d. the last 30 days; within residency of days 30 of minimum a confirming agency services social Written verification issued by a hospital, health clinic or Olmsted County c. last 30 days issued by a Minnesota licensed homeless shelter; within residency of days 30 of minimum a confirming verification Written b. days; 30 last within dated electric) gas, phone, cell cable, (e.g., bill Utility a. presents a certified copy of a marriage certificate. prove residency using documents bearing the name of a spouse if the applicant boundaries. An applicant mayresidential address located within City corporate following documents, which must include both the applicant’s name and a . To establish residency, an applicant must present one of theProof of residency 2) 801 injury. caused proximately breach such that claims person to damages money in liable nor is it imposing on its officers and employees, an obligation for breach of which it is an undertaking only to promote the general welfare of its residents. It is not assuming, assuming is City division, this of enforcement adoption undertaking In f) identification. whom it was issued; or otherwise is determined not to be accurate individual to is card identification city presenting individual or cardholder; to issued reasonably believes that the city identification card is counterfeit, altered, or improperly st accept a city identification card if the departmentNo City department mu e) information required by the department to fulfill the department’s responsibilities. additional information from a person to verify the person’s current address or other chapter is intended to prohibit City departments from requiringNothing in this d) source. Prohibited by the terms and conditions imposed on the city by a funding 3. local regulation of identification or residency requirements; or directive preempts or administrative regulation state statute or or federal A 2. residency;decision requires the city to obtain different identification or proof of court or directive, or regulation administrative statute, state or federal A 1. when: apply does chapter This c) connection with the administration of City benefits and services. forms of identification in existing requirements for issuance of other to replace any other intended is chapter this residency, City identity demonstrate to than Other b) substantiate the identification of a person. nd processes as necessary toDepartment may also use other identification forms a lawful proof of residency within City corporate boundaries. The Rochester Police identification lawful as chapter this to pursuant issued card identification city a accept department is authorized toWhen City identity or residency is required, a City a) .Departments City Acceptance –7--9 Sec. card. The program administrator shall not charge a fee to an applicant for a city identification .Fees – 6--9 Sec. 802 publication. of date of as effective be shall ordinance This 2. Section the card was issued. cause a third person or entity to believe that the card user is the person to whom another cardholder with the intent toUses the city identification card issued to 3. City; or Alters, copies, or replicates a city identification card without the authority of the 2. card; identification city a applying of course in city to information false presents Knowingly 1. acts: following of do to entity or person Code this of violation misdemeanor a is It card. fraudulent and Counterfeit - --9 Sec. of this chapter. for a violation violation of rules and regulations adopted by the program administrator or the program administrator be suspended or revoked by identification card may A city card. revocation and Suspension – 9--9 Sec. reside elsewhere. to intent an of acknowledgement an with administrator program to card mailing by this chapter under issued card identification city surrender must cardholder days, reside outside the City corporate boundaries for a period of more than 180 consecutive If a cardholder no longer resides within City corporate boundaries or expects to b) issued. will be card identification city a requirements, application of applicant/cardholder by completion notification of receipt Upon City. within address in change or name of must notify the program administrator within 30 days of any changeA cardholder a) responsibilities. Cardholder’s - 8--9 Sec. 803 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22THIS _____ DAY OF ______________________, 20APPROVED CITY CLERK __________________________ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .22MINNESOTA, THIS __________ DAY OF _______________, 20ROCHESTER, OFPASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY