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HomeMy WebLinkAboutMarch 20, 2023 Agenda Packet A 1.45.066,035,6$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni,45.066,035,6$?fo?tnuoma?eht?ni?,3202?,02?hcraM?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA?.6202?,1?yraunaJ?gnidne? )ekludoP?.S?gnicalper(?mret?raey-eerht?a?ot?detnioppa?sihtimS-ekludoP?leruaL?renoissimmoC?:3202?,1?yraunaJ?ot?ylevitcaorter?evitceffe?,draoB?yrarbiL?.2.6202?,1?yraunaJ?gnidne?)legaP?.E?gnicalper(?mre t?raey-eerht?tsrifreh?ot?detnioppa?si?fodlaW?asereT?:3202?,1?yraunaJ?ot?ylevitcaorter?evitceffe?,draoB?yrarbiL?.1??:notroN?royaM?yb?detpeccadna?srenoissimmoC?fo?draoB?ytnuoC?detsmlO?eht?yb?dednemmoce r?sa?stnemtnioppa?gnivorppA??.licnuoC?ytiC?ehtfo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,3202?,6?hcraM?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicni rP?,noisiV?ecnaigellA?fo?egdelP.etumnu?ot?6*?sserP?nehT?.dnah?ruoy?esiar?ot?9*?sserP?:sgniraeH?cilbuP?ro?tnemmoC?nepO?roF 720261?:edocssaP???????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC?? ?:mooZ?aiv?ni?llaC BYZnGO2/yl.tib//:sptth?:mooZ?aiv?netsiL?dna?nioJ.)teNorteM(?08?lennahC?ro?,)murtcepS(?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnr evoG?:nosreP?ni?gniteeM?eht?dnettA?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?00:73202?,02?hcraMnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC3202?,02?hcraM?rof?elbayaP?stnuoccA.3.FsnoissimmoC?dna?s draoB?ot?stnemtnioppA.2.F3202?,6?hcraM?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B?.mooZ?aiv?ni ?llaC?ro?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo?eht?weiV doireP?tnemmoC?nepO. 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F 4.8202?ot?4202?morf?detcelloc?eb?ot?setar?tcirtsiD?tnemevorpmI?klawediS?gnihsilbatsE?.3.4?-?ES?tcirtsiD?tnemevorpmI?klawediS?gnihsilbatsE?.2.5274J?.oN?tcejorP?-?1-4?tcirtsiD?ES?stnemevorpmI?pmaR?na irtsedeP?dna?klawediS3202?rof?,23.984,347,1$?fo?tnuoma?eht?ni?,.cnI?,etercnoC?kcaZ-iT?htiw?tcartnoc?a?gnivorppA?.1:gniwollof?eht?rof?noituloseR?a?gnitpodA???.A3202?seireS?,sdnob?tnemetabA?xaTnoitagil bO?lareneG?fo?elas?detaitogen?evititepmoc?eht?rof?gnidivorp?noituloseR?a?gnitpodA?.2dna?,stnemevorpmi?krap?niatrecgnicnanif?fo?esoprup?eht?rof?stnemetaba?xat?ytreporp?gnivorppa?noituloseR?a?gnitpodA? .1??.vog.nmretsehcor@krelcytic?ro?0092-823-705?taeciffO?s'krelC?eht?tcatnoc?esaelp?,snoitseuq?roF?.gniteem?eht?ta?ro?,llaH?ytiC?ta?retnuoc?ecivres?cilbupeht?ta?deweiv?eb?nac?dna?ylno?tamrof?tnirp?ni? elbaliava?era?meti?siht?rof?stnemhcattA?:etoN?s'krelC?.cnI?,ciremuenP?htiw?tnemeergA?ydisbuS?ssenisuB?a?fo?noitucexe?gnizirohtuA?.2.)FDE(dnuF?tnempoleveD?cimonocE?eht?morf?.cnI?,ciremuenP?ot?naol?000 ,002$?a?edivorp?otdraoB?cnI?,tnempoleveD?cimonocE?aerA?retsehcoR?eht?fo?noitadnemmocer?eht?gnitpodA?.1???.mooZ?aiv?ni?llaC?ro?nosreP?nI?pu-ngiS?.enilno?senilediug?gniraeh?cilbup?eht?weiV senilediuG?gniraeH?cilbuP.yaw?fo?thgir?WN?evA?dr3?gnittuba?ytreporprieht?fo?egatnorf?eritne?eht?gnola?seitilicaf?nairtsedep?fo?noitallatsni?eht?erusne?ot?nayR?yesleK&?.W?nahtanoJ?htiw?tnemeerga?ssec ca?hcaorppa?yawevird?&?seitilicaf?nairtsedep?a?gnizirohtuA?.tnemesae?ytilitu?a?nihtiw?stnemevorpmi?etavirp?fo?tnemecalprof?CLL?veD?retsehcoR?htiw?)"tnemeerga?eht"(?tnemeergA?dna?timreP?elbacoveR?a?gn izirohtuA?.tcartnocrenwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",sedargpU?redeeF?2Y?gnidliuB?miehnegguGoyaM?evreS?ot?stnemevorpmI?cilbuP"?,8955J?.oN?tcejorP?ot?detaler?krow?rof?,024,53$fo?tnuoma?eht? ni?,.cnI?,setaicossA?&?BSW?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;noitatnemucodecnarusni?dna?dnob?etairporppa?eht?fo?noissimbus?s'rotcartnoC?dna?,slavorppa?nalptcejorp?nopu?lanoitidno c?noitucexe?ytiC?htiw?",sedargpU?redeeF?2Y?gnidliuB?miehnegguGoyaM?evreS?ot?stnemevorpmI?cilbuP"?,8955J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA?snoitcA?detaitinI?licnuoC.I tcejorP?tcirtsiD?tnemevorpmI?klawediS?3202.1.H snoitadnemmoceR?dna?stropeR.H sdnoB?tnemetabA?fo?elaS?eht?gnitteSdna?sdnoB?tnemetabA?xaT?fo?ecnaussI?eht?htiw?noitcennoC?nI?stnemetabA?xaT?ytreporP.2.G tnemeergAydisbuS?ssenisuB?dna?tseuqeR?dnuF?tnempoleveD?cimonocE?-?.cnI?,ciremuenP.1.G sgniraeH?cilbuP.G nayR?yesleK?&.W?nahtanoJ?-?tnemeergA?sseccA?hcaorppA?yawevirD?&?tnemeergA?seitilicaF?nairtsedeP .32.FtnemesaE?ytilitUa?ni?stnemevorpmI?etavirP?rof?CLL?veD?retsehcoR?htiw?tnemeergA?dna?timreP?elbacoveR.22.F8955J?.oN?tcejorP?-?sedargpU?redeeF2Y?gnidliuB?miehnegguG?oyaM?evreS?ot?stnemevorpmI?cilbu P?:tcartnoC?renwO-ytiC.12. J 5???.deredisnoc?eb?tonnac?2?noitcA?,dnoces?a?eruces?ot?eruliafro?,eyA?gnitov?ytirojam?a?fo?kcal?yb?rehtie?liaf?1?noitca?dluohS?.rucco?yam?noissucsid?ycilop?yna?erofebetov?ytirojam?elpmis?a?yb?"elba t?eht?morf?devomer"?eb?tsum?"meti"?ycilop?lareneg?ehT?:etoN?s'krelC??.tcirtsiD?cirotsiH?laicremmoC?nwotnwoD?a?fo?noitangiseD?kramdnaL?gniredisnoC?.2.elbat?eht?morf?noitangiseD?kramdnaL?-?tcirtsiD?cir otsiH?laicremmoC?nwotnwoD?eht?gnivomeR?.1????.)laitnediser?ytisned-hgih(?4R?ot?,)lairtsudni?thgil(?IL?morf?,WN?evA11?003?ta?detacol?,etis?erca?9.1?a?no?noitacifissalc?pam?gninoz?eht?dnema?ot?,ynapmoC ?worPehT?yb?,CZ100-3202DC?.oN?tnemdnemA?paM?gninoZ?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR??tnemnruojdA.NssenisuB?rehtO.M noitangiseD?kramdnaL?-?tcirtsiD?cirotsiH?laicremmoC?nwotnwoD.1.L smetI?delbaT.LsgnidaeR?dnoceS?ecnanidrO.K ynapmoC?worP?ehT?yb?CZ100-3202DC.oN?tnemdnemA?paM?gninoZ.1.J sgnidaeR?tsriF?ecnanidrO. Organizational 6 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 7 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 § Other ways to submit an open comment/public comment: § not be discussed in this forum.Matters currently under negotiation, litigation, or related to personnel will § section. Items on the agenda for a public hearing may not be discussed in this § A speaker may not yield time to another. § speak at 1 Open Comment Period per month. y only Speakers ma § is exhausted. period Each speaker may speak for up to 4 minutes until the above time § The period lasts for 20 minutes § The following speaker guidelines apply: Council’s regular business meeting. opportunity to address the City Council on a topic of their choice during the The Open Comment Period provides members of the community Open Comment Period 8 9 10 11 M 12 3202?,6?hcraM?rof?setuniM?TFARD:stnemhcattA egroFaL?lehcaR: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?deh silbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.licnuoC?ytiC?retsehcoR?eht? fo?drocer?laiciffo?eht?era?setuniM?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,3202?,6?hcraM?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F3202?,6? hcraM?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE City Council - March 6, 2023 13 llaC lloR/redrO ot llaC)B on the list.akerspeeach for minutes more 2 for w alloand rules the suspend to Motion Speaker 6 handout Speaker 3 handoutupper8. Jason T im Sokol7. T f6. Elena Niehof 5. Laurel Podulke-Smith 4. Ms. Ford 3. Stephanie Podulke 2. Jim Frost 1. Gaile Mattison The following persons were called to speak: Open Comment updateSign-up In Person or Call in via Zoom.A.1)doireP tnemmoC nepO)A ision, Principles, and Priorities V retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiVecnaigellA fo egdelP APPROVED \[UNANIMOUS\]:TRESUL Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Dennis, Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:City Council MINUTES ACITY OF ROCHESTER, MINNESOT Attendee Name 14 Cover Pageunexpired term of H. Masek ending January 1, 2025.thefill to appointed is Sabol Dee ly: immediatefective efoard, BLibrary 31, 2025. berDecemending Fague) J. (replacing term three-year rst fihis to appointed isrd HomaAden immediately: fective efCommission, Preservation Heritage 2025. 31, Marchending Pulford) D. (replacing termthree-year first his to appointed isn McGanMichael 2023: 1, April ctive feefCommission, Service Civil Fire Approved the following Mayoral appointments to the:Official Act:Appointments to Boards and Commissions .2)F DRAFT Minutes - Council Meeting of February 6, 2023 Cover Pageficial record of the City Council.Council meeting as the of2023,6, February the of video and inutes mthe epted Acc Act:Official Minutes for the City Council Meeting of February 6, 2023 .1)F adnegA tnesnoC)F ard 6 Council Member Molly Dennis.Censure of WFormal- 3 H.Item of addition with Agenda the of order the approve to Motion adnegA fo redrO)EtropeR s’royaM)DtropeR s’rotartsinimdA ytiC)C Councilmember Bransford was absent.O 1\]APPROVED \[5 T:TRESUL Mark Bransford:ABSENT Molly Dennis YS:NA ahl, Patrick KeaneNorman WKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:PresentPatrick KeanePresentahlNorman WPresentKelly Rae KirkpatrickPresentShaun PalmerPresentMolly DennisPresentBrooke Carlson Status F 15 ferson Elementary School Parking RestrictionsMap - Jef Cover Pagestreets.variouson restrictions parking amend to Book Resolution Parking fic rafTmprehensivethe nding ame 039-23No. Resolution Adopted Act:Official arious Locations for February 22, 2023 Parking Restriction Changes in V.8)F Cover PageRochester MN 55902.ve A 1st 304 at operating House, (Pub)lic 507 BA D LLC Concepts, RestaurantRoss for licenses liquor Sunday special restaurant intoxicating/ fullon-sale new the approvin 038-23No. Resolution Adopted Act:Official Ross Restaurant Concepts, LLC DBA 507 (Pub)lic House. forLicenses Liquor Sunday Special and Liquor xicating IntoSale On-New .7)F Cover Page, MN 55901., Rochesterve NW1735 3rd Aoperating Events, and eddings Wse HouHilltop DBA LLC ts, Evenand eddingsWHouse Hilltop for license liquor bar street intoxicating/exclusive fullon-sale new the approvin 037-23No. Resolution Adopted Act:Official Events and eddingsWHouse Hilltop DBA LLC Eventsand eddings WHouse Hilltop forLicenses Liquor Sunday Special and Liquor xicating IntoSale On-New .6)F Cover Pageby referral departments.valsapprofull and information required of submission to subject permits, andlicenses new on actions mended recomthe including presented, as reportlicense full the approvin Resolution No. 036-23 Adopted Official Act:Licenses and Permits for March 6, 2023 .5)F Cover Page$9,938,500.00 and accounts payable of $9,660,753.26.purchases investment including $19,599,253.26, of amount the in 2023,6, March for disbursements total of ng listithe roved App Act:Official Accounts Payable for March 6, 2023 .4)F Cover Page$0 and accounts payable of $22,952,761.03.purchases investment including $22,952,761.03, of amount the in 2023, 22,February for disbursements total of ting listhe pproved A Act:Official Accounts Payable for February 22, 2023 .3) Map - 2nd A 16 tohearing public a ing etts 043-23No. Resolution Authorized Act:Official ParkCertain Finance to Bonds ent Abatemax TIssuing of Purpose thefor Abatements ax TProperty Proposed on Hearing Public a Setting .13)F Cover Page.Congressional Directed Spending Requests by the City of RochesterFY2024approving 042-23No. Resolution Adopted Act:Official Rochester ofCity the by Requests Spending Directed Congressional FY2024 .12)F s Challenge Grant’Bloomberg Mayorforpartner hiring as (WDI) Inc. Development orkforce W- Contract s Challenge ’Contract - Bloomberg Philanthropies Global Mayor Cover PageDevelopment Inc. (WDI)orkforceWwith ontract CRochester of City ed pprovA Act:Official s Challenge Grant ’Bloomberg Mayorfor partnerhiring as (WDI) Inc. Development orkforce Wwith Contract 1).1F Drainage Improvements - City Project No. J6727NWVE A39 and SE, Dr Rose SE, Dr Knollwood - Contract of Form Standard Drainage Improvements - City Project No. J6727NWVE A39 and SE, DR Rose SE, R DKnollwood - Map Location Project Improvements - City Project No. J6727DrainageNW VE A39 and SE, DR Rose SE, DR Knollwood - heet SBudget Cover Pageve NW Drainage Improvements - City Project No. J6727.Dr SE, and 39th ARoseSE, Dr Knollwood for 17,677.50 $1of amount the in CompaniesEvans withcontract a approving 041-23No. Resolution Adopted Act:Official ve NW Drainage Improvements - City Project No. J6727 A39thand SE, Dr Rose SE, Dr Knollwood for Companies Evans with Contract .10)F Cover PageAct funding for use in the Day Center formerly run by The Landing MN.CARESwith purchased previously lockers of Academy Mentorship Sports newthe y buse orizing auth 040-23No. Resolution Adopted Act:Official Lockers for the New Sports Mentorship Academy .9)F ve NW - 400 block consider 17 14Location Map - 2023 Chip Seal Street Rehabilitation - Project No. J1 14J1No.Project - Rehabilitation Street Seal Chip 2023 J - Advertisement Bid Cover Page14.Rehabilitation - Project No. J1StreetSeal Chip 2023 the for a.m. 1:00 1at 2023, 21, March on opening bida and bids for advertisement the horized Aut Act:Official 14 J1No.Project - Rehabilitation Street Seal Chip 2023 Bids: for Advertisement .16)F Cover PagePavement Maintenance.fory SupplSeason 2023 for AM 1:00 1at 2023, 21, March on ning opequote aand quotes for advertisement the Act:Official Advertise for Quotes - 2023 Season Supply for Pavement Maintenance .15)F arious Locations – Project No. J4347Vatn RehabilitatioManhole Sewer Sanitary 2023 - Contract of Form Standard Locations – Project No. J4347iousarVat Rehabilitation Manhole Sewer Sanitary 023 2- Sheet Budget arious Locations – Project No. J4347VatRehabilitation Manhole Sewer itary San2023 - Map Location Project Cover Pagearious Locations – Project No. J4347.Rehabilitation at VManholeSewer Sanitary 2023 for $342,546.28 for Inc. Construction, Elcorto act contra rding awa 044-23No. Adopted Act:Official arious Locations – Project No. J4347 Rehabilitation at VManholeSewer Sanitary 2023 for Inc. Construction, Elcor with Contract .14)F toryInvenProject Accelerated Board Park Council City Joint - ract ExtPage fected ParcelsDraft Map - Silver Lake Park Improvement Af fected Parcelss Field Pool Project Af’Draft Map - Soldier Exhibit - Abatement Parcels Summary List Cover Pageprojects list approved January 19, 2022.the in included improvements park other and Improvements ParkLake Silver and Pool Field Soldiers finance to bonds abatement taxon service debt the for tax property proposed F 18 Rochester International Airport (RST).Services Administration Construction A) (ROFArea Free Object Runway and(RSA) Area Safety 13/31 Runway for Hunt Mead with 2021-13 No. AgreementServices Professional the of execution Authorized Act:Official Administration Services tionConstrucA) (ROFArea Free Object Runway (RSA) Area Safety 13/31Runway for Hunt Mead with Agreement ices ServProfessional .21)F Southern Minnesota Mobility-as-a-Service Projectsion’ransportatTof Department sota Minnein Participation Contract Cover PageSouthern Minnesota Mobility-as-a-Service Project.ransportation'sTof Department Minnesota the in participate to ransit TPublicester Roching uthoriza 047-23No. Resolution Adopted Act:Official a-Service Project -as-MobilityMinnesota Southern ransportation’Tof ment DepartMinnesota .20)F ownshipAgreement - Maintenance for Cascade T Cover Page.ista Dr NWmaintenance of Prairie Vforresponsibility regarding ownship TCascade and City the between agreementan roving app 046-23No. Resolution Adopted Act:Official ownship Maintenance Agreement Cascade T.19)F rail ProgramProject Location Map - Federal Recreational T Cover Pagerail Program grant application.Recreational TFederalof ort suppin 045-23No. Resolution Adopted Act:Official Program Grant Solicitation railTRecreational Federal Resources Natural of Department Minnesota .18)F Project No. J1-on RehabilitatiStreet Overlay 2023 Overlay and ill MMap Location No. Project Rehabilitation Street Overlay 2023 dvertisementABid Cover Page15.Rehabilitation - Project No. J1StreetOverlay 2023 for a.m. 1:00 1at 2023, 21, March on opening bidscheduling and bids for advertisement the horized Aut Act:Official No. Project Rehabilitation Street Overla2023 Bids: for Advertisement .17) MOVER:19 The public hearing was opened. ointon spoke to the item.Applicant's representative Bill T Planner Elliot Mohler introduced the item.2. Directed the City Attorney to prepare an Ordinance for first reading. , from LI (light industrial) to R4 (high-density residential).ve NW1 Alocatedsite, 1.9-acre a on classification mapzoning the amend to , CompanyrowPThe by CD2023-001ZC, No. Amendment Map Zoning ved Appro1. Official Act: Zoning Map Amendment No.CD2023-001ZC by The Prow CompanyG.1)sgniraeH cilbuP)G.23..1 - FMotion to Approve the Consent agenda in block, Items F Cover PageCommunity Bike Program.Kids& Cops RPD's expanding in Safety fic rafTof fice OfMinnesota thewith partnership in work to (RPD) Department Police Rochester the forof amount the in A) RF(NFoundation Safety Road National theand (GHSA) Association Safety Governor's the m frogrant aof acceptance the ng authorizi Resolution No. 048-23 Adopted Official Act:Grant for Cops & Kids Community Bike Program .23)F Services 2021-12DesignImprovement A) (ROFArea ee FrObject Runway & (RSA) Area Safety31 13 Runway for Hunt & Mead - Agreement Services Professional Cover PageInternational Airport (RST).Rochesterat Services Design A) (ROFArea Free Object Runway and(RSA) Area Safety 13/31 Runway for Hunt & Mead with No. AgreementServices Professional the of execution Authorized Act:Official A) Design Services Safety Area (RSA) & Runway Object Free Area (ROF13/31Runway for Hunt & Mead with Agreement ices ServProfessional .22)F Services 2021-13tiveAdministraConstruction A) (ROFArea Free Object way Run& (RSA) Area Safety31 13 Runway for Hunt & Mead - Agreement Services Professional Cover Page APPROVED \[UNANIMOUS\]:TRESUL Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A ahl SECONDER:Patrick Keane MOVER:20 Planner Elliot Mohler introduced the item. illage Cir SE.est Vwest property line on a residential lot at 951 Wthealong south to north runs that ment easewide t 30-fooa of avacate to Sell, Amber and by AC, CD2023-001VNo. Vroving app 049-23No. Resolution Act:Official AC by Richard and Amber Sellacation No. CD2023-001VUtility Easement VG.2)Dennis had left the chamber and was to be marked absent.Councilmemberthe record the that requested Keane Councilmember Motion to Approve the item. Speaker 1 handoutSupportof Letter s Association’NeighPark Kutzky - Public Planning Commission Minutes - CD2023-001ZC Bakery Flats Review Comments - CD2023-001ZC Bakery Flats DIM - CD2023-001ZC Bakery Flats Massing Exhibits - CD2023-001ZC Bakery Flats Applicant Narrative - CD2023-001ZC Bakery Flats able - CD2023-001ZC Bakery FlatsUDC Use Regulations T Zone Change Exhibit - CD2023-001ZC Bakery Flats Site Location Map - CD2023-001ZC Bakery Flats Notification Map - CD2023-001ZC Bakery Flats CD Memo - CD2023-001ZC Bakery Flats Cover PageCity Attorney Michael Spindler-Krage answered a procedural question. closed.waspublic the speak, to additional o nHaving 1. John Kruesel The following persons spoke:APPROVED \[UNANIMOUS\]:TRESUL Molly Dennis, Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:21 Resiliency& Sustainability a establishing Ordinance an Approved 1. Official Act: Ordinance Establishing a Sustainability & Resiliency CommissionH.2)Motion to Approve the item.item. theon presented and introduced Josh Director Initiatives Strategic Agreement - Assignment and Assumption of the Castle Cover PageLLC.EnterprisesArnett to LLC Community Castle from Agreement Development Castlethe to and in interest and title, all igned Ass Act:Official Agreement to Arnett Enterprises LLCDevelopmentCastle the of eement AgrAssumption and Assignment H.1)snoitadnemmoceR dna stropeR)H Motion to Approve the item. acationAC Sell VPlanning Commission Minutes - CD2023-001V acationAC Sell VReview Comments - CD2023-001V acationAC Sell Vacation Petition - CD2023-001VV acationAC Sell Vacation Exhibit REVISED - CD2023-001VV acationAC Sell VSite Location Map - CD2023-001V acationAC Sell VCD Memo - CD2023-001V Cover PageHaving no persons wishing to speak, the public hearing was closed. The public hearing was opened. APPROVED \[UNANIMOUS\]:TRESUL Molly Dennis, Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:APPROVED \[UNANIMOUS\]:TRESUL Molly Dennis, Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A ahl SECONDER:Patrick Keane MOVER:22 Motion to Adopt the Resolution.ard 6 Councilmember Molly Dennis.Wofl Formaa pting ado 050-23No. Resolution Act:Official ard 6 Councilmember Molly DennisFormal Censure of WH.3) CM Keane Proposed New Ordinance LanguageMotion to Amend the Ordinance with submitted language for A.02. Motion to Approve the item.Motion to deny the item. CommissionResiliencyand Sustainability a Establishing - Ordinance Proposed Draft Cover Pagediscussion of this item.thisduring the to returned Dennis Councilmember Noting questions from the Council.and item the introduced Jensen Lauren Coordinator Sustainability Firsta for Ordinance draft a to fice OfAttorney's y Citthe Directed 2. Commission.YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:O 1\]APPROVED \[5 T:TRESULO 2\]APPROVED \[4 T:TRESULO 3\]AILED \[2 TF:TRESUL Mark Bransford:ABSENT Shaun Palmer YS:NA ahl, Patrick KeaneKirkpatrick,Rae elly KMolly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:Mark Bransford:ABSENT ahl, Norman WShaun Palmer YS:NA Patrick KeaneKirkpatrick,Rae elly KMolly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:Molly Dennis, Mark Bransford:ABSENT Brooke Carlson, Kelly Rae Kirkpatrick, Patrick Keane YS:NA ahl, Norman WShaun Palmer YES:A ahl SECONDER:Shaun Palmer Brooke 23 Motion to Adjourn.tnemnruojdA.NssenisuB rehtO)MsmetI delbaT)L(low-density residential) to R3 (medium density residential).R2 fromSE, ve A36 1 41and 407 at located site, acre 0.62 a on classification mapzoning the amend to Construction, Boland by CD2022-008ZC, No.Amendment Map Zoning approving 4490No. Ordinance Adopt toMotion City Attorney Michael Spindler-Krage presented the item.SE, from R2 (low-density residential) to R3 (medium density residential).veA36 1 41and 407 at located site, acre 0.62 a on classification map zoning theamend to Construction, Boland by CD2022-008ZC, No. Amendment MapZoning approving 4490No. Ordinance Adopted Act: Zoning Map Amendment No.CD2022-008ZC by Boland ConstructionK.1)sgnidaeR dnoceS ecnanidrO)K End, LLCestShop-WThe by No.CD2022-009ZC Amendment Map Zoning - Ordinance City Attorney Michael Spindler-Krage presented the item., from M-2 (industrial) to M-1 (commercial-industrial).NWRdScott 2056 at located site, acre 2.95 a on classification map oning zthe endamto LLC, End, est WShop- The y bCD2022-009ZC, No. Amendment MapZoning of Reading First the Filed and d Receive Act: est End, LLCZoning Map Amendment No.CD2022-009ZC by The Shop-WJ.1)sgnidaeR tsriF ecnanidrO)JsnoitcA detaitinI licnuoC)I APPROVED \[UNANIMOUS\]:TRESUL Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Dennis, Molly Brooke YES:A Shaun PalmerPatrick Keane MOVER:O 1\]O 1 TAPPROVED \[4 T:TRESUL Mark Bransford:ABSENT ahlNorman W AIN:ABST Molly Dennis YS:NA Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun MOVER:24.cityclerk@rochestermn.govfice at (507) 328-2900 or emailplease contact the City Clerk's OfIf you need assistance finding information about an item on this agenda, City Clerk Kelly K. Geistler __________________________________APPROVED \[UNANIMOUS\]:TRESUL Mark Bransford:ABSENT ahl, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer M 25?.elbaliava?emoceb?snoitisop?sa?sisab?enituor?a?no?edam?era?stnemtnioppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitatneserper?ytinummocesrevid?erusne?ot?srebmem?no issimmoC?dna?draoB?fo?yevrus?launna?na?setelpmoc?royaM?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.retrahC?eluR?emoH? s'ytiCeht?fo?00.31?noitceS?ot?tnausrup?draoB?yrarbiL?s'ytiC?eht?ot?tnemtnioppa?rof?royaM?eht?ot?,ytnuoC?eht?fostnediser?era?tub?ytiC?eht?fo?stnediser?ton?era?ohw?,snosrep?owt?fo?seman?eht?timbus?ot?s renoissimmoCfo?draoB?ytnuoC?detsmlO?eht?wolla?lliw?ti?taht?seerga?ytiC?eht?,evoba?dedivorp?sa?yrarbIL?eht?fostnemevorpmi?latipac?dna?noitarepo?eht?fo?stsoc?eht?fo?gnirahs?tnioj?htiw?tnetsisnoC"?,seta ts?snoitagilbOs'ytiC?.4.B?noitces?,0102?ni?detucexe?)tnemeergA?secivreS?yrarbiL(?tcartnoc?gnidnuF?ytnuoC?A???.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppasweiver?r oyaM?ehT?.stnemeriuqer?ycnediser?deificeps?teem?ot?deriuqer?eb?yam?dna?,ega?fo?sraey?81eb?tsum?,gniylppa?era?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?ehtetubirtnoc? ot?gnilliw?eb?,yticapac?reetnulov?a?ni?ytinummoc?rieht?evres?ot?erised?a?evah?tsum?stnacilppA.snoissimmoc?dna?sdraob?ytiC?suoirav?no?evres?ot?sreetnulov?skees?licnuoC?ytiC?retsehcoR?ehT:evitarraN?tro peR.6202?,1?yraunaJ?gnidne?)ekludoP?.S?gnicalper(?mret?raey-eerht?a?ot?detnioppasi?htimS-ekludoP?leruaL?renoissimmoC?:3202?,1?yraunaJ?ot?ylevitcaorter?evitceffe?,draoB?yrarbiL?.2.6202?,1?yraunaJ?gnid ne?)legaP?.E?gnicalper(?mret?raey-eerht?tsrif?reh?ot?detnioppa?si?fodlaW?asereT?:3202?,1?yraunaJ?ot?ylevitcaorter?evitceffe?,draoB?yrarbiL?.1??:notroN?royaM?yb?detpeccadna?srenoissimmoC?fo?draoB?ytnu oC?detsmlO?eht?yb?dednemmocer?sa?stnemtnioppa?gnivorppA:detseuqeR?noitcA???2.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA NOITCA?ROF?TSEUQER notroN?miK?royaM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAroyaM?eh t?fo?eciffO:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 26:stnemhcattA sregoR?nohciM:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsi M 27:stnemhcattA yoR?hsoJ:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?si hT:tcapmI?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?1 72.214?etutats?atosenniM?htiw?ecnailpmoc?ni?si?meti?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiro irP 00083/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth?:3202?,02?hcraM?rof?tropeR?yrammuS?PA89973/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:3202?,02?hcraM?rof?tropeR?liateD?PA: troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.45.066,035,6$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni,45.066,035,6$?fo?tnuoma?eht?ni?,3202?,02?hcraM?rof?stnemes rubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???3.F3202?,02?hcraM?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF :TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE M 28 00.051ciffarT00.000,008klawediS00.000,171retaW?dna?reweS00.000,057retneC?noitaerceR95.105,184skraP00.005,38PIC?noitcurtsnoC-noN00.000,728,1tnemevorpmIteertS?rojaM00.005,02gnidliuB?dna?dnaL48.766 ,5floG00.677,001lortnoC?doolF82.480,846,5retneClacideM?noitanitseD00.000,523tropriA.17.971,312,01$?fo?tnuoma?derrefsnart?sdnuf?ten?a?rof?,detonsa?sdnuf?edulcni?noituloser?eht?fo?owt?meti?ni?detsil?sa ?stcejorp?evitca?ot?derrefsnart?sdnuf?fo?tnuoma?ehT51.5derrefsnarT?sdnuF?latoT51.5retneC?lacideM?noitanitseD:sa?dezimeti?si?dna?tnuomatnepsnu?llams?a?tuo?refsnart?ot?51.5$?si?stcejorp?gnisolc?eseht?r of?derrefsnart?sdnuf?fo?tnuoma?latot?ehT.01.11?noitceS?,retrahC?ytiC?ot?tnausrup?decnanif?dna?detaerc?erew?sdnuf?tcejorp?ehT?.secnalabticifed?tcejorp?dnuf?ot?srefsnart?ro?secnalab?dednepxenu?eht?fo?s refsnart?gnizirohtua?dna?,stcejorpcificeps?nihtiw?sesahp?detelpmoc?ro?,stcejorp?detelpmoc?gnisolc?noituloser?deraperp?a?si?dehcattA:evitarraN?tropeR.noituloseR?dehcatta?eht?fo?2?.oN?metI?ni?detsil?st cejorp?evitca?dnuf?ot?stnuomadetats?eht?refsnart?ot?dna?;01.11?noitceS?,retrahC?ytiC?eht?ot?tnausrup?sdnuf?gnirrefsnart?dna?,stcejorpcificeps?nihtiw?sesahp?detelpmoc?ro?,stcejorp?tnemevorpmi?detelpmo c?gnisolc?noituloseR?a?gnitpodA:detseuqeR?noitcA???4.FsdnuF?fo?refsnarT?-?stcejorP?latipaC NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED ?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE T 29 stcejorP?tnemevorpmI?latipaC?rof?sdnuF?fo?noitacollA?-?noituloseR:stnemhcattA sirraH?yoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitcA?evitanretlA?oN:)s(noitcA?evitanretlA.deton?sA:tcapmI?ecruo seR?&?lacsiF.ssecorp?tegdub?eht?gnirud?devorppa?snalP?tnemevorpmI?latipaC?no?desab?eradna?yllaunna-imes?enod?era?esehT?.srefsnarT?tessA?latipaC?devorppa?ylsuoiverp?sah?licnuoC?ytiC?ehT:tnemegagnE?yti nummoC?&?snoitcA?evitalsigeL?roirP.dedeen?srefsnart?gnisolc/gnidnuf?yna?licnuoC?ytiC?otgnirb?dna?,sisab?launna-imes?a?no?secnalab?tcejorp?weiver?ot?ytilibisnopser?s'tnemtrapeD?ecnaniF?eht?si?tI:tcapm I?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?17.971,312,01derrefsnarT?sdnuF?lato RESOLUTION305.15Total of funds transferred5.15Subtotal of funds transferred293.40Transferfunds from4844 (MSAS Control Acct) to J8903(293.40)Dedicated Bike Lanes-3rd/4thAve&Center Street89035.15J8605A ve&3rdAveSE<4thStS>1st St N to st San. Sewer Upsize 18626734.47J3024Transferfunds from J3062 (2020ParksReferendum) to (734.47)MeadowPark Estates Development3024Others-Subtotal of funds transferred8,832.21J7830Transferfunds from J8608(DMCCStateMatchFunds) to (8,832.21)1StNWSn/SDiversion<1AvNW>Brdwy7830389.57Transfer funds from 607 (Sanitary Sewer) to J7828(389.57)Airport Biopile7828Sewer and Water- Subtotal of funds transferred271.30Transfer funds from J4883(Flood Control) to J4879(271.30)Recert fro Bear Creek Levee4879Flood ControlAmountProject DescriptionProjectprojects in section 1.02 below.unexpended balances shall have those balances transferred to the listed local improvementhave been paid. Therefore, these projects shall be discontinued and the projects with The projects listed below have been completed and all costs of said improvements 1.1Section 1. Discontinued Projects1appropriated to the following projects:BE IT RESOLVED by the Common Council of the City of Rochester that funds be Authorizing the Appropriation of Funds to Designated Capital Improvement Projects. 1.23149,200.0055AvNW) to J4869 (Wetland Creation -WR4 Reservoir)Transferfunds fromJ9852(Recon65StNW<34Av>800,000.00J4716 (DowntownSidewalkExpEnhancement)Transferfunds fromJ8608 (DMCC State Match Funds) to 100,000.00J3089 (Elton Hills Park Development)Transferfunds fromJ3062 (2020 Parks Referendum) to 4,707.84J3088 (Century Valley Park Developmnt)Transferfunds fromJ3062 (2020 Parks Referendum) to 1,700.00J3063 (Smekta Park Development)Transferfunds fromJ3062 (2020 Parks Referendum) to 93.75Program) to J3041 (Park Trail Signage)Transferfunds fromJ3049 (Park Landscaping & ID 750,000.00J2919 (Rec Center Improvements)Transferfunds fromJ3062 (2020 Parks Referendum) to 4,023.03Construction) to J2917 (Northern Hills Golf Imprvmnts)Transferfunds fromJ2908 (Golf Courses-Future 1,644.81Construction) to J2916 (NHGC Clubhouse Addition)Transferfunds fromJ2908 (Golf Courses-Future 375,000.00J2962 (McQuillan Field)Transferfunds fromJ3062 (2020 Parks Referendum) to 43,500.00(General Sn/S Main Replacement)Transferfunds from607 Fund (Sewer Utility) to J2133 83,500.00(Downtown Cameras)Transferfunds from2601 (Tax Abatement) to J2020 20,500.00(125 Live)Transferfunds from3062 (Park Referendum) to J1038 AmountProject DescriptionProjectdo not result in the closure of the listed projects.from various sources, these projects shall be funded as summarized below. These transfers The projects listed below are active and in need of funding. Based on documentation 2.1Section 2 Active Projects to be Funded25.15Total unexpended balances transferred in5.15Subtotal of unexpended balances transferred in5.15DMC Sales Tax from J8626OtherAmountProject DescriptionProjectof the completed projects listed in section 1.01 above.The local improvement projects listed below shall receive the unexpended balances 486932500,000.00J9852 (Recon65StNW<34Av>55AvNW)Transferfunds from609 Fund (Storm Water Utility) to 9852350,000.0059) to 9644 (Recon 55 St NW<CSAH22>50AvTransferfunds from2200 (Bitumns Pvmt Rehab w/pci 0-96442,650,000.00J8904 (Discovery Walk)Transferfunds fromJ8608 (DMCC State Match Funds) to 890414,400.00(Arrive Rochester Implementation)Transferfunds fromJ8605 (DMCC Sales Tax) to J8709 87091,053,277.00J8707 (Rapid Transit)Transferfunds fromJ8608 (DMCC State Match Funds) to 8707806,400.00to J8707 (Rapid Transit)Transferfunds fromJ8609 (DMCC County Contrib. Funds) 870775,600.00J8625 (Heart of the City)Transferfunds fromJ8608 (DMCC State Match Funds) to 862519,103.47J8624 (Chateau Theatre Improvements)Transferfunds fromJ8608 (DMCC State Match Funds) to 8624534,800.00to J8613 (Chateau Theatre Maint.and Oper.)Transferfunds from2601(Tax Abatement District Projects) 861350,090.28(Sn/S12AvSW/NW<2StSW>2StNW)Transferfunds from607 (Sanitary Sewer) to J8611 8611279,000.00(Sn/S12AvSW/NW<2StSW>2StNW)Transferfunds fromJ8608 (DMCC State Match) to J8611 8611165,413.53(COR Administrative Costs -DMC)Transferfunds fromJ8605 (DMCC Sales Tax) to J8601 860143,500.00to J7844 (Sn/S W/M Ext>Hiawatha Ct NE)Transferfunds fromJ2133 (General Sn/S Main Replcmnt) 784419,000.00100) to J7833 (ReconsW/MNFrtgRd37StNW)Transfe rfunds fromJ2201 (StResrfc/Presrvatn w/pci60-783365,000.00(SubTrkln Sn/S Ext>SnSSA6G)Transferfunds from607 Fund (Sewer Utility) to J7773 7773325,000.00J7344 (Recon>3AveSWbetween4StSW&55StSW)Transferf unds fromJ8608 (DMCC State Match Funds) to 7344105,000.00522) to J7341 (ReconBroadwy14StNE>EltonHillDr)Transferfunds fromJ2202 (TH63Turnback Funds-MNDOT 734147,000.00522) to J7318 (ReconNorthBdwy<CCD r>13StNW)Transferfunds fromJ2202 (TH63TurnbackFunds-MNDOT 7318325,000.00J6963 (Property Acquisition-Airport)Transferfunds fromJ6950 (Airport Future Construction) to 696360-100) to J6374 (Epoxy Pvmnt Mrkgs-VarLocs)Transferfunds fromJ2201 (StResrfc/Preservation w/pci 63746,300.00>60AvNW) to J4869 (Wetland Creation -WR4 Reservoir)Transferfunds fromJ9853 (Recon65StNW<55Av486919,600.00N W) to J4869 (Wetland Creation -WR4 Reservoir)Transferfunds fromJ9852(Recon65StNW<34Av>55Av486925,676.00>7StNW) to J4869 (Wetland Creation-WR4 Reservoir)Transferfunds fromJ6710 (StabCascadeCkTrib<15St NW 985333Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF10,213,179.71Total Funds Transferred500,000.00J9853 (Recon65StNW<55Av>60AvNW)Transferfunds from609 Fund (Storm Water Utility) to M 34.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?sesn ecil?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?yrotalugereh t?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?se civreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?2?-?timreP?tnevE?laicepS?sesneciL?tnevE?laicepS?3?-?timreP?nekcihC?sesneciL?laminA?1?-?timreP?gnilbmaG?launnA sesneciL?gnilbmaG?dna?lohoclA??3?-?es neciL?tsiparehT?egassaM5?-?timreP?selaS?skroweriF?sesneciL?ssenisuB??1?-?esneciL?rellatsnI?retsaM?CAVH sesneciL?edarT?dna?rotcartnoC:evitarraN?tropeR.stnemtraped?larreferyb?slavorppa?lluf?dna?noitamr ofni?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???5.F32 02?,02?hcraM?rof?stimreP?dna?sesneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 35 3202?,02?hcraM?rof?stimreP?dna?sesneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisne cil?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 RESOLUTION 36 Shaorong Sheng ( B00399)Kunyun Wu (B00400)Haley Gorman (B00398)expiring December 31, 2024.subject to all terms and conditions of Rochester Code of Ordinances Chapter 5-15, for a period Recommended Action: Approve the following application for a massage therapist license, MASSAGE THERAPIST25 25th St SE TNT Fireworks (F23-0237FP)3827 Marketplace Dr NWTNT Fireworks (F23-0190FP)3410 55thSt NWTNT Fireworks (F23-0189FP)4550 Maine Ave SETNT Fireworks (F23-0200FP)3400 55th St NWTNT Fireworks (F23-0191FP).a period to expire April 30, 2024Permits, subject to all terms and conditions of Rochester Code of Ordinances Chapter 5-16, for Recommended Action: Approve granting the following applications for Fireworks Display FIREWORKS SALES PERMIT BUSINESS LICENSES Michael Wright (00930) 31, 2023.terms and conditions of Rochester Code of Ordinances Chapter 4-3, for a period expiring Dec. Recommended Action: Approve granting the following Master Installer Licenses, subject to all HVAC MASTER INSTALLER LICENSE CONTRACTORS/TRADESLICENSES 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 ALCOHOL AND GAMBLING LICENSES37 No street closureMaximum allowable sound pressure no more than 85 decibelsMay 6, 2023, from 9:30 a.m. –11:30 a.m.244 Soldiers Field Dr SWSoldiers Field Memorial ParkWalk MS RochesterNational Multiple Sclerosis Society (S23-00014L)No street closureMaximum allowable sound pressure no more than 85 decibelsNovember 23, 2023from 08:00 a.m. –12:00 p.m.244 Soldiers Field Dr SWSoldiers Field Memorial ParkRochester Turkey TrotAll Community Events (S23-0005L)Ordinances.full approvals by all referral departments and full compliance with the Rochester Code of Recommended Action: Approve the following applications for special event permits, subject to SPECIAL EVENT PERMITS 3515 21st Ave NWBrianna Gilbertson (A00240)2222 21st Ave SEAmy Swancutt (A00239)3636 46th Ave NWAmber Hookey (A00236)December31, 2024.to all terms and conditions of Rochester Code of Ordinances Chapter 3-4, fora period expiring Recommended Action: Approve granting the following applications for Chicken Permits, subject CHICKEN PERMIT ANIMAL LICENSES Roasted Bliss1310 5th Place NWByron Youth Football Association (AG00299) of permit on the designated locations.Recommended Action: Approve the following applications as submitted to the State for issuance ANNUAL GAMBLING PERMITS PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF38Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 39 dna?azziP?s'enobraC?ABD?cnI?hsuK?azziP?rof?erusnecil?laitini?fo?lavorppa?licnuoC?ytiC?:1202?,03?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitaler deussi?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?yr otalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytil auQ?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?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouqil?siht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT??.cnI?hsuK?azziP?fo?lortnoc?%001?snwo?won?ohw?etnomaL?ttocS?.rM ot?lortnoc?evisulcxe?dessap?dna?ssenisub?eht?ni?tseretni?lla?fo?flesmih?detsevid?sah?drawoH?leinaD?.rM??.cnI?hsuK?azziP?fo?lortnoc?tnecrep?94?deniater?ylsuoiverp?etnomaL?ttocS?.rM?.cnI?hsuK?azziP?fo? lortnoc?tnecrep?15?deniater?ylsuoiverp?drawoH?leinaD?.rM?".licnuoc?eht?yb?devorppa?litnu?evitceffe?emoceb?ton?llahs?emas?eht?dna?esnecil?eht?fo?refsnarta?ot?tnelaviuqe?demeed?eb?llahs?eesnecil?etarop roc?a?ni?kcots?fo?serahs?eht?fo?erom?ro?tnecrep?52ni?tseretni?laicifeneb?ro?pihsrenwo?fo?egnahc?yna?dna?pihsrenwo?fo?mrof?s'eesnecil?a?fo?egnahc?ynA.?..?"??:setats?)a(?02-91-5?retpahC?secnanidrO?fo?e doC?retsehcoR:evitarraN?tropeR.10955?NMretsehcoR?,WN?rD?ecremmoC?3272?ta?gnitarepo?,raB?stropS?dna?azziP?s’enobraC?ABD?.cnI?hsuK?azziProf?sesnecil?rouqil?yadnuS?laiceps?&?tnaruatser?/gnitacixotni?llu f?eht?fo?refsnart?pihsrenwo?eht?gnivorppA:detseuqeR?noitcA???6.FraB?stropS?dna?azziPs’enobraC?ABD?.cnI?hsuK?azziP?rof?refsnarT?esneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC :NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE S 40 raB?stropS?dna?azziP?s'enobraC?ABD?cnI?hsuK?azziP?fo?refsnart?esneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?gnivres?ro felbigileni?gnieb?.cnI?hsuK?azziP?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?s eef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF?.raB?strop RESOLUTION41(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PR ESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFoperating at2723 Commerce Dr NW, Rochester MN 55901.& special Sunday liquor licenses forPizza Kush Inc. DBA Carbone’sPizza and Sports Bar,that the City does hereby approvean ownership transfer of thefull intoxicating/ restaurant NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester same shall not become effective until approved by the council.”stock in a corporate licensee shall be deemed equivalent to a transfer of the license and the any change of ownership or beneficial interest in 25 percent or more of the shares of “…WHERAS, Rochester Code of Ordinances 5-19-20 (a) does so stipulate that:and, WHEREAS, Mr. Scott Lamonte now owns and controls 100 percent interest in the company; WHEREAS, Mr. Daniel Howard has divested his 50 percent interest in the company; and, 49 percent; and,previously owned by Mr. Daniel Howard with 51 percent control and Mr. Scott Lamonte with WHEREAS, Pizza Kush Inc.DBACarbone’s Pizzaand Sports Bar(“the company”) was Bardue to changes in ownership structure. Approving the license transfer of Pizza Kush Inc. DBA Carbone’s Pizzaand Sports Rochester, Minnesota)42 M 43: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?ytivi tcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?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?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??.emit?siht?ta?dednemmocer?si?lavorppa?dn a?,detelpmoc?neeb?yllufsseccussah?noitagitsevni?dnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouqil?siht?gnitanidrooc?rof?elbisn opser?si?eciffO?s'krelC?ytiC?ehT??.hcae?tnecrep23?ot?erahs?gnillortnoc?rieht?gnisaercni?airotciV?eilataN?.srM?dna?airotciV?diS?.rM?neewteb?tilps?ylneveneeb?evah?stseretni?suoiverp?sih?dna?ssenisub?eh t?ni?tseretni?lla?fo?flesmih?detsevid?sah?ssuN?neK?.rM??.cnI?atosenniM?fo?s'airotciV?fo?lortnoc?tnecrep?61?deniater?ylsuoiverp?airotciV?eilataN?.srM?.cnI?atosenniM?fo?s'airotciV?fo?lortnoc?tnecrep?61 ?deniater?ylsuoiverp?airotciV?diS?.rM?.cnI?atosenniM?fo?s'airotciV?fo?lortnoc?tnecrep?23?deniater?ylsuoiverp?ssuN?neK?.rM?".licnuoc?eht?yb?devorppa?litnu?evitceffe?emoceb?ton?llahs?emas?eht?dna?esnec il?eht?fo?refsnarta?ot?tnelaviuqe?demeed?eb?llahs?eesnecil?etaroproc?a?ni?kcots?fo?serahs?eht?fo?erom?ro?tnecrep?52ni?tseretni?laicifeneb?ro?pihsrenwo?fo?egnahc?yna?dna?pihsrenwo?fo?mrof?s'eesnecil?a ?fo?egnahc?ynA.?..?"??:setats?)a(?02-91-5?retpahC?secnanidrO?fo?edoC?retsehcoR:evitarraN?tropeR.20955?NM?,retsehcoR?WS?evA?ts1?7?ta?gnitarepo?,tnaruatseR?s’airotciV?ABD?.cnI?atosenniM?fo?s’airotciVro f?sesnecil?rouqil?yadnuS?laiceps?&?tnaruatser?/gnitacixotni?lluf?eht?fo?refsnart?pihsrenwo?eht?gnivorppA:detseuqeR?noitcA???7.F?tnaruatseR?s’airotciVABD?.cnI?atosenniM?fo?s’airotciV?fo?refsnarT?esnec iL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE N 44 tnaruatseR?s'airotciV?ABD?.cnI?atosenniM?fo?s'airotciV?fo?refsnarT?esneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?gnivr es?rof?elbigileni?gnieb.cnI?atosenniM?fo?s'airotciV?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?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF?.emit?siht?ta?snoitca?roirp?o RESOLUTION45Ave SW Rochester MN 55902.st operating at7 1& special Sunday liquor licenses forVictoria’s of Minnesota Inc. DBA Victoria’s Restaurant,that the City does hereby approvean ownership transfer of thefull intoxicating/ restaurant NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester same shall not become effective until approved by the council.”stock in a corporate licensee shall be deemed equivalent to a transfer of the license and the any change of ownership or beneficial interest in 25 percent or more of the shares of “…WHERAS, Rochester Code of Ordinances 5-19-20 (a) does so stipulate that:and controls 32percent interest in the company; and, WHEREAS, Mr. Sid Victoria now retains 32 percent control and Mrs. Natalie Victoria now Natalie Victoria; and,WHEREAS,Mr. Ken Nuss interest has been evenly split between Mr. Sid Victoria and Mrs. WHEREAS, Mr. Ken Nuss has divested his 32percent interest in the company; and, control and Mr. Louis Savres with 10 percent control; and,percent control,Mr. Sid Victoria with 16percentcontrol, Mrs. Natalie Victoria with 16 percent previously owned by Mr. Ken Nuss with 32 percent control,Mr. Samuel Servin with 26 WHEREAS, Victoria’s of Minnesota Inc. DBA Victoria’s Restaurant (“the company”) was Restaurant due to changes in ownership structure. Approving the license transfer of Victoria’s of Minnesota Inc. DBA Victoria’s PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF46Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 47?.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?deta ngised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?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?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??.emit?sih t?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccussah?noitagitsevni?dnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouq il?siht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT??.cnI?llirG?dna?nraB?s'retsooR?fo?lortnoc?%001?snwo?won?ohw?nahanaM?ssoR.rM?ot?lortnoc?evisulcxe?dessap?dna?ssenisub?eht?ni?tseretni?ll a?fo?flesmih?detsevid?sah?ekkarB?divaD?.rM??.cnI?llirG?dna?nraB?s'retsooR?fo?lortnoc?tnecrep?3.33??deniater?ylsuoiverp?ekkarB?divaD?.rM?.cnI?llirG?dna?nraB?s'retsooR?fo?lortnoc?tnecrep?6.66?deniater? ylsuoiverp?nahanaM?ssoR?.rM?".licnuoc?eht?yb?devorppa?litnu?evitceffe?emoceb?ton?llahs?emas?eht?dna?esnecil?eht?fo?refsnarta?ot?tnelaviuqe?demeed?eb?llahs?eesnecil?etaroproc?a?ni?kcots?fo?serahs?eht? fo?erom?ro?tnecrep?52ni?tseretni?laicifeneb?ro?pihsrenwo?fo?egnahc?yna?dna?pihsrenwo?fo?mrof?s'eesnecil?a?fo?egnahc?ynA.?..?"??:setats?)a(?02-91-5?retpahC?secnanidrO?fo?edoC?retsehcoR:evitarraN?trope R.20955?NMretsehcoR?WN?rD?roirepuS?0822?ta?gnitarepo?,llirG?dna?nraB?s’retsooR?ABD?.cnI?llirG?dna?nraB?s’retsooRrof?sesnecil?rouqil?yadnuS?laiceps?&?tnaruatser?/gnitacixotni?lluf?eht?fo?refsnart?pihs renwo?eht?gnivorppA:detseuqeR?noitcA???8.FllirG?dna?nraB?s’retsooR?ABD.cnI?llirG?dna?nraB?s’retsooR?rof?refsnarT?esneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEG AkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 48 llirG?dna?nraB?sretsooR?ABD?cnI?llirG?dna?nraB?sretsooR?fo?refsnart?esneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?gniv res?rof?elbigileni?gnieb.cnI?llirG?dna?raB?s'retsooR?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?f o?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsi RESOLUTION49operating at2280 Superior Dr NW Rochester MN 55902.Sunday liquor licenses forRooster’s Barn and Grill Inc. DBA Rooster’s Barn and Grill,that the City does hereby approvethenew on-salefull intoxicating/ restaurant & special NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester same shall not become effective until approved by the council.”stock in a corporate licensee shall be deemed equivalent to a transfer of the license and the any change of ownership or beneficial interest in 25 percent or more of the shares of “…WHERAS, Rochester Code of Ordinances 5-19-20 (a) does so stipulate that:company; and, WHEREAS, Mr. Ross Manahan now owns and controls 100 percent interest in the and, WHEREAS, Mr. Michael Brakke has divested his 33.33 percent interest in the company; with 33.3 percent; and,previously owned by Mr. Ross Manahan with 66.6 percent control and Mr. Michael Brakke WHEREAS, Roosters Barn and Grill Inc. DBA Roosters Barn and Grill(“the company”) was and Grill due to changes in ownership structure. Approving the license transfer of Rooster’s Barn and Grill Inc. DBA Rooster’s Barn PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF50Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 51?.retsehcoR?fo?ytiC?eht?fo?seiradnuobeht?nihtiw?rouqil?evres?regnol?on?ot?tcele?ro?esnecil?rouqil?tnecrep?2.3?elas-no?tnerruc?rieht?niater?otderiuqer?dna?refsnart?esnecil?a?rof?elbigileni?gnieb?. cnI?noitaicossA?llabtfoS?retsehcoR?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?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF?.xelpmoC?llabtfoS?kraP?nalliuQcM?ta?reeB?dna?eniW?fo?elas?e ht?rof?dewolla?hcihw8003?.oN?.F.S?68?retpahC?,atosenniM?fo?swaL?2202?eht?fo?noitpodA??-licnuoC?ytiC?:3202?,21?rebmeceD: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?k rowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE gniviL?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?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?esnecil?rouqil?eht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT:evitarraN?tropeR?.cnI?noitaicossA?llabtfoS?retsehcoR?ro f?tnemesrodne?reeb?gnorts?a?htiw?esnecil?rouqil?tnecrep?2.3?dnaeniw?a?ot?esnecil?rouqil?tnecrep?2.3?elas?-no?na?fo?refsnart?esnecil?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???9.F?.cnI?noi taicossA?llabtfoS?retsehcoR?rofrouqiL?reeB?tnecreP?2.3?dna?eniW?ot?refsnarT?esneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02? hcraM:ETAD?GNITEE P 52 cnI?noitaicossA?llabtfoS?retsehcoR?rof?reeB?tnecreP?2.3?dna?eniW?a?ot?refsnarT?esneciL?-noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraper RESOLUTION53Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFoperating at 1655 Marion Rd SE, Rochester MN 55904beer endorsement froma 3.2 percent liquor licensefor Rochester Softball Association Inc. herebyapprovethelicense transfer to a wine and 3.2 percent liquor license with a strong BE IT RESOLVED by the Common Council of the City of Rochester that the City does M 54.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?ecruo seR?&?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?sesse nisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?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?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP? ??.emit?siht?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccus?sah?noitagitsevnidnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?e snecil?rouqil?siht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT?.lortnoc?tnecrep?05?htiw?navonoDeinahpetS?.sM?dna?lortnoc?tnecrep?05?htiw?nosnhoJ?nosilA?.srM?yb?denwo?si?ynapmoc?ehT?.esnec il?rouqil?yadnuS?laiceps?dna?tnaruatser/gnitacixotni?lluf?a?rof?noitacilppa?na?dettimbus?sah?ssilB?detsaoR?ABD?CLL?ssilB?detsaoR:evitarraN?tropeR.40955NM?retsehcoR?S?evA?yawdaorB?0552?ta?gnitarepo?,s silB?detsaoR?ABD?CLL?ssilB?detsaoR?rof?sesnecilrouqil?yadnuS?laiceps?&?tnaruatser?/gnitacixotni?lluf?elas-no?wen?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???01.FCLL?ssilB?detsaoR?rof?sesne ciL?rouqiLyadnuS?laicepS?dna?rouqiL?gnitacixotnI?elaS-nO?weN NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE A 55 ssilB?detsaoR?ABD?CLL?ssilB?detsaoR?rof?esneciL?rouqiL?gnitacixotnI?elaS-nO?weN?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rouqil?l les?ot?elbigileni?gnieb?ssilB?detsaoRABD?CLL?ssilB?detsaoR?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl RESOLUTION56Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFBroadway Ave S Rochester MN 55904.Sunday liquor licenses forRoasted Bliss LLC DBA Roasted Bliss,operating at2550 that the City does hereby approvethenew on-salefull intoxicating/ restaurant & special NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester owners.WHEREAS, a background check has been successfully completed on the company and its Stephanie Donovan with 50 percent control; and,WHEREAS, the company is owned by Ms. Alison Johnson with 50 percent control and Ms. application for a full intoxicating/ restaurant and special Sunday liquor license; and, ”) has submitted an the companyWHEREAS, Roasted Bliss LLC DBA Roasted Bliss (“Approving the new liquor license for Roasted Bliss LLC DBA Roasted Bliss M 57.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?ecruo seR?&?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?sesse nisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?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?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP? ??.emit?siht?ta?dednemmocer?si?lavorppa?dna?,detelpmoc?neeb?yllufsseccus?sah?noitagitsevnidnuorgkcab?A?.ffo?ngis?tsum?stnemtraped?elpitlum?dna?weiver?evisnetxe?na?seogrednunoitacilppa?hcaE?.ssecorp?e snecil?rouqil?siht?gnitanidrooc?rof?elbisnopser?si?eciffO?s'krelC?ytiC?ehT?.lortnoc?tnecrep?001?htiw?zehcnaS?ahsiaL?.srM?yb?denwo?si?ynapmoc?ehT?.esnecil?rouqil?yadnuS?laiceps?dna?tnaruatser/gnitacix otni?lluf?a?rof?noitacilppa?na?dettimbus?sah?analboP?aL?ABD?cnI?éfaC?analboP?aL:evitarraN?tropeR.10955NM?,retsehcoR?WN?tS?ht73?909?ta?gnitarepo?,efaC?analboP?aL?ABD?.cnI?efaC?analboP?aL?rof?sesnecilr ouqil?yadnuS?laiceps?&?tnaruatser?/gnitacixotni?lluf?elas-no?wen?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???11.FcnI?efaC?analboP?aL?rof?sesneciL?rouqiLyadnuS?laicepS?dna?rouqiL?gnitacixot nI?elaS-nO?weN NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE A 58 efaC?analboP?aL?ABD?.cnI?efaC?analboP?aL?rof?esneciL?rouqiL?gnitacixotnI?elaS-nO?weN?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP.retsehcoR?fo?ytiC?eht?fo?seiradnuob?eht?nihtiw?rou qil?lles?ot?elbigileni?gnieb?analboP?aL?ABD.cnI?tnaruatseR?analboP?aL?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl RESOLUTION59Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF37th St NW Rochester MN 55901.Sunday liquor licenses forLa Poblana Cafe Inc. DBA La Poblana Cafe,operating at909 that the City does hereby approvethenew on-salefull intoxicating/ restaurant & special NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of Rochester ownership.WHEREAS, a background check has been successfully completed on the company and its WHEREAS, the company is owned by Mrs. Laisha Sanchez with 100 percent control;and,application for a full intoxicating/ restaurant and special Sunday liquor license; and, ”) has submitted an the companyWHEREAS, La Poblana Café Inc DBA La Poblana (“Approving the new liquor license for La Poblana Café Inc DBA La Poblana M 60.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?ecruo seR?&?lacsiF.devorppa?lavitsef?ytinummoc?2202?eunevA?eht?no?trA?-?licnuoC?ytiC?:2202?,81?lirpA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnec il?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?n i?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?seciv reS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??.licnuoC?nommoC?eht?fo?noituloser?ybderalced?sa?retsehcoR?fo?ytiC?eht?fo?stneve?ro?,cisum?,erutluc?,doof?,yrotsih?,elpoep?eht?gnitarbelec?tnevena?sa? denifed?”lavitseF?ytinummoC“?a?demeed?era?yeht?fi?stneve?fo?sepyt?eseht?rof?swolla?edoC?ytiC?.tneve?eht?fo?emit?dne?eht?htiw?tnemeerga?ni?.m.p?00:4?naht?retal?on?gnitanimret?dnuos?lla?htiw?,timillebi ced?58?eht?eviaw?licnuoC?ytiC?eht?gnitseuqer?si?lavitseF?ytinummoC?3202?eunevA?eht?no?trA?ehT?.ytefas?rof?detcere?eb?lliw?sedacirrab?lortnoc?ciffarT?.dirg?teerts?nepo?na?ni?desolc?eblliw?doohrobhgien ?laitnediser?siht?ni?kcolb?ytic?enO?.ES?evA?ht6?fo?kcolb?009?eht?ni?gnirrucco?si?tneve?ehT?.etad?taht?no?.m.p?00:5?ta?dne?lliw?pu?naelC?.3202?,02?yaMno?.m.p?00:4?litnu?.m.a?00:9?morf?rucco?lliw?flest i?tneve?ehT?.3202?,02?yaM?no?.m.a?00:7?ta?snigeb?pu-testneve?ehT?.lavitseF?ytinummoC?3202?rieht?rof?timrep?tneve?laiceps?a?rof?deilppa?sah?eunevA?eht?no?trA:evitarraN?tropeR?.lavitsef?ytinummoc?a?ti? gniralced?dna?tneve3202?eunevA?eht?no?trA?eht?rof?noitacilppa?timrep?tneve?laiceps?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???21.FlavitseF?ytinummoC?-?3202?eunevA?eht?no?trA NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE A 61 lavitseF?ytinummoC?3202?eunevA?eht?no?trA?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.tneve?rieht?dloh?ot?elba?gniebton?3202?eunevA?eht?no?trA?ni?tluser?lliw?laineD?.emit?siht?ta ?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl RESOLUTION62requiring the amplified sound to terminate no later than 5:00 p.m.on the date of the event. allowable sound pressure for theArt on the Avenueeventand replace it with a restriction that the Council, pursuant to R.C.O. Sec. 8-11-6(c), does hereby waive the maximum BE IT FURTHER RESOLVED by the Common Council of the City of Rochester, Minnesota, .on the Avenueevent as a Community FestivalMinnesota, that the Council, pursuant to R.C.O. Sec. 5-19-5(b), does hereby declare the Art NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, Avenueevent as a Community Festival.WHEREAS, the City of Rochester Common Council wishes to declare thisArton the events of the City of Rochester; and, 5th Ave SE, is a community event celebrating the people, history, food, culture,music,or WHEREAS, the Art on the Avenueevent, occurring onMay 20, 2023, onthe 800 block of of each event covered by the permit.”; and,a restriction requiring the amplified sound to terminate no later than 10:30 p.m. on the day allowable sound pressure level provided in subsection (b) of this section and replace it with WHEREAS, R.C.O Sec 8-11-6 (c) does empower the City Council to “waive the maximum as declared by resolution of the Common Council; and, event celebrating the people, history, food, culture, music or events of the City of Rochester WHEREAS, R.C.O. Sec. 5-19-5(b) defines a “Community Festival”to mean a community at a Community Festival held with the City of Rochester; and, specified on-sale intoxicating liquor licensees may dispense intoxicating liquor off-premises WHEREAS, Sec. 5-19-5(b) of the Rochester Code of Ordinances (“R.C.O.”) states that Waiver.Approving a Special Event Permit for Art on the Avenue2023with Amplified Sound PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF63Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 64?.stinu?gniniagrab?rehto?htiw?detaitogen?neeb?sah?tahw?ot?ralimis?si?tnemelttes?egaw?ehT:tcapmI?ecruoseR?&?lacsiF.sraey?3?yreve?detpoda?si?noitaicossA?snaicinhceT?gnireenignE?eht?rof?tnemeerga?gn iniagrab?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.doirep?raey-eerhta?rof?tcartnoc?eht?swener?dna?snoisiver?nopu?deerga?eht?sniatnoc?noituloseR?dehcatta?ehT??.2202?,13rebmeceD?no?deripxe?hci hw?ytiC?eht?htiw?tcartnoc?robal?gnitsixe?eht?etaitogen?ot?detseuqer?noinU?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?l anoitadnuoF?&?seitiroirP.srebmem?tinu?eht?rof?tnemyolpmefo?snoitidnoc?dna?smret?eht?stneserper?dna?noitaicossA?snaicinhceT?gnireenignE?retsehcoR?ehtdna?ytiC?eht?neewteb?tnemeerga?laretalib?a?si?yllar eneg?tcartnoc?sihT?.pu-naelc?egaugnal?ro/dna?epocsni?ronim?deredisnoc?era?segnahc?rehtO??.tnemesrubmier?tnempiuqe?ytefas?desaercni?dna?,esaercniecnarusni?efil?,sruoh?08?fo?revoyrrac?emit?yrotasnepmoc ?,ecnarusni?htlaeh?sdrawot?snoitubirtnocreyolpme?eht?ni?noitcuder?a?,yadiloh?a?sa?htneetenuJ?fo?noitidda?eht?,dirg?detarelecca?eht?fo?petsegaw?pot?eht?ta?seeyolpme?rof?yap?tirem?,dirg?egaw?detarelecc a?na?fo?noitidda?eht?,4202?fo?rebmeceDni?000,1$?fo?tnemyap?mus?pmul?a?,5202?rof?%3?dna?4202?dna?3202?htob?rof?%2?fo?tnemtsujda?esaercniegaw?lareneg?a?sedulcni?yliramirp?hcihw?tcartnoc?desoporp?eht?se niltuo?noitatnemucod?dehcatta?ehT:evitarraN?tropeR.52-3202?fo?sraey?radnelac?eht?rof?,noitaicossA?snaicinhceT?gnireenignE?ehthtiw?tnemeerga?gniniagrab?evitcelloc?eht?ot?segnahc?dednemmocer?eht?gnivor ppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???31.F)CETNE(noitaicossA?snaicinhceT?gnireenignE?–tnemeergA?gniniagraB?evitcelloC?52-3202NOITCA?ROF?TSEUQER kcotsmoC?miT:RETNESERPadnegA?tnesnoC:NOITCES?ADN EGAsecruoseR?namuH:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE A 65 noitaicossA?snaicinhceT?gnireenignE?htiw?ABC?52-3202?-?noituloseR:stnemhcattA kcotsmoC?miT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl RESOLUTION66Rochester, Minnesota)(Seal of the City of MAYOR OF SAID CITY ___________________________________ APPROVED THIS _____ DAY OF ______________________, 2023. CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ation. fies the attached changes and the 2023-2025 CBA with the Engineering Technicians Associ-NOW, THEREFORE, BE IT RESOLVED that the Rochester City Council approves and rati-gotiated to the existing CBA between the parties. WHEREAS, the Request for Council Action (RCA) Attachment summarizes the changes ne-2023, through December 31, 2025; and negotiated a three-yearCollective Bargaining Agreement (CBA) for the term of January 1, WHEREAS, representatives of the Union and representatives of the City of Rochester have ing Agreement that expired on December 31, 2022; and WHEREAS, the Union and the City of Rochester are parties to an existing Collective Bargain-sociation –ENTEC (Union) for the calendar years 2023-25.Approving the Collective Bargaining Agreement with the Engineering Technicians As- 2 67 actively employed.following their date of hire and continuing while All new employees are eligible to receive life insurance effective the first (1st) day of the month Clerk’s office.the next higher thousand dollars as outlined in the master policy on file in the City salary rounded toThe City shall provide term life insurance in an amount equal to two (2) times the employee’s annual A.bution towards health insurance.provided life insurance and decrease the employer contri-Revise to provide for an increase in City Article 10, Health and Dental Coverage and Life Insurance5.Eusing vacation.for six months before being eligible for Eliminate the requirement for employees to be employedArticle 8, Vacation4.. Christmas Day131Day New Year's Eve-. ½121Day Christmas Eve-. ½111. Day After Thanksgiving Day109Thanksgiving Day.98Veteran's Day.87Labor Day.76Independence Day.655. Juneteenth (June 19) Memorial Day.4President's Day3.Martin Luther King's Birthday2.New Year's Day1.to the limitations below:employees covered by this Agreement shall receive the following paid holidays, subject All A.Add Juneteenth as a holiday.Aricle 7, Holidays3.. indicating the City organizational policy will be followedand replaced with a reference language will be omittedis contractreflect an April carry over, thganizational policy is amended to In the event the or compensatory time balances below 80 hours.be given until the end of the first pay period in April to bring their accrued shallthis agreement , except employees covered by Working Hours, Attendance and OvertimeOrganizational Policy, y Employees are eligible to accrue and use compensatory time, as provided for in the CitD.Amended to allow for compensatory time to carry over to the first pay period of April:Article 6, Hours of Work2.Eliminate he/she pronouns and other grammatical errors.up-Contract Clean1.Summary of Collective Bargaining Agreement Changes2025 Engineering Technicians’ Association -2023–RCA Attachment 3 68Increase reimbursement for safety items.Article 28, Safety Equipment9..Duty/Victim Witness LeaveJury Employees will be eligible for Jury Duty leave as stated in the City's Organizational Policy, Revise to follow City policy.Article 20, Jury Duty8.. 2025) day of December st first (31-through the thirty, and shall remain in effect 2023) day of January st The Agreement shall be effective as of the first (1 nt.year agreeme-Revise to reflect 3Article 18, Duration7.December of 2024.status as of December 1, 2024, with the lump sum payment being paid the second pay date in time lump sum payment in the amount of $1,000 shall be paid to employees in active payroll -eA oncontract and on the date of ratification of this Agreement by both parties.) year of the successor st, of the first (1 st A, the employee must be employed by the City prior to March 31To be eligible for the general wage increases reflected in Appendix three percent (3%) respectively. percentwages for all bargaining unit positions shall be increased by two percent (2%), twoThe prevailing schedule of hourly reement marked Appendix A. is attached to this Ag2025 January and 2024 2023) payroll cycle in January st n employee salary schedule effective the first (1A time lump sum payment of $1,000 in 2024.-oneagreement; increase wages by 2%, 2% and 3% respectively; a year -Revise to reflect a 3Article 13, Wages6. %83.508%84.008%84.508Family%83.508%84.008%84.508Employee + Child(ren)%83.508%84.008%84.508Employe e + Spouse%87.008%87.508%88.009Employee Only2025Effective 2024Effective 2023Effective High Deductible Plan%83.508%84.008%84.508Family%83.508%84.008%84.508Employee + Child(ren)%83.508%84.008%84.508Emp loyee + Spouse%83.508%87.508%88.009Employee Only2025Effective 2024Effective 2023Effective Basic Medical Plan TierCity’s Monthly Premium*Medical Planpremium as follows:insurance to eligible employees and pay a portion of the total The City will provide group medical B.be available as provided by Federal and/or State law and other provisions of this agreement. An employee’s life insurance shall cease on their termination date. Continuation of coverage will 4 69Appendix A11.sary date. sum merit payment shall be in the pay period that most closely aligns with their anniver--The lumphalf percent (0.5% to 2.5%), based on their performance. -percent up to a maximum of two and onehalf -sum merit payment of a minimum of one-at least one year, they shall be eligible for a lumpfor Irid has been at Step Gage Wccelerated Abased -Once an employee following the .Ing the competencies necessary for advancement to Steps D, G or sor,, as determined by their supervi-performance rating is “Successful” and they are making progressA. Interim step advancement is also available, based on tenure, provided an employee’s annual , contained in Appendix Incement to Steps D, G and they meet the competencies required for advathat most closely aligns with their anniversary or promotional date in their job classification, provided will be placed at their current wage step and will move to their next eligible step in the pay period rid Gage Wccelerated Abased -2023, employees who elect to follow the Begining inB.mance evaluation rating for that year. or promotional date in their job classification providing the employee received a successful perfor-will move to their next eligible step in the pay period that most closely aligns with their anniversary rid Gage WBasewho elected to follow the existing mployees EBeginning in 2021, and thereafter, eA.rid. Employees reassigned within this bargaining agreement can retain their grid designation.Gage WAcceleratedbased -All employees hired after January 1, 2023, will be required to follow the competencyadvancement. rid will be advised how they will transition to the wage grid and the competencies required for Gage Wlerated Accebased -Prior to making their irrevocable choice, employees interested in the in.-grid after optinWage Gase Bback to the original -1, 2023) can opt into the accelerated grid at any time, but cannot revertExisting employees (hired before January sum merit payment after reaching the maximum step. -lumpmaximum wage step, along with annual cessful completion of competencies, in order to advance to the rid, which allows for accelerated step progression, based on the suc-Gage Wccelerated Athefollow Grid), which requires 16 years of service to reach the maximum wage step; or Wage grid (Base wage based -Beginning in 2023, existing employees will be given a choice to follow either the existing tenure Add language for an accelerated wage grid, based on competencies.Article 30, Step Adjustments10..Agreementeach year of thisor $175 fThe safety reimbursement is set up for 1 covered by this Agreement.approved safety equipment -City and Association agree to meet annually to review the list of Citybe repaid to the City by the employee. The amount paid shall be withheld from any final pay or shallthe contract term and has collected more than the annually prorated amount of this benefit, such excess five dollars ($175.00). In the event an employee leaves employment prior to the end of -seventyand in the third year of this agreement will be limited to a maximum safety reimbursement of one hundred jackets, rain suits, rubber boots and other safety items approved by management. Any employee hired rescription sunglasses, safety sunglasses, safety provision include safety shoes, safety shoe insoles, poriginal receipt is submitted when requesting reimbursement. Items that may be covered by this approved safety items provided an -year term of this Agreement for the purchase of City-for the three.00) 525($1 five dollars-twentyhundred five The City will reimburse an employee a maximum amount of 5 70l review all edits prior to executing the contract.wilUnionAgree to other minor language changes, clarification, and/or corrections: 13.year agreement.-Revise dates to reflect 3Limited Appointment Employees–MOU 12.tached.See at-Revise wage grids to reflect negotiated increases; add accelerated wage grid. APPENDIX A 71$50.25$45.43$40.60$38.73$36.87$35.01$33.99$33.00$31.88$49.26$44.53$39.80$37.98$36.15$34.32$33.32$32.35$31.25I H G F E D (2/+1)C (1/+1)*B Start/AaryFull Pay Pe-st Effective 1 Accelerated Wage Grid*B(1/+1) represents Step B or 1 year of total service or plus 1 year of service $51.76$49.04$46.50$44.09$41.82$40.59$39.41$38.26$37.14$36.06$35.01$33.99$32.84$50.25$47.61$45.1 5$42.81$40.60$39.41$38.26$37.15$36.06$35.01$33.99$33.00$31.88$49.26$46.68$44.26$41.97$39.80$38.64$37.51$36.42$35.35$34.32$33.32$32.35$31.25(16/+2)M 16(14/+2)L 14(12/+2)K 12(10/+2)J 10(8/+1)I (7/+1)H (6/+1)G (5/+1)F (4/+1)E (3/+1)D (2/+1)C (1/+1)*B Start/AaryFull Pay Pe-st Effective 1 Base Wage Grid Wage Grid -Engineering Technicians 7 72 Leading special projects;·experienced teammates by being a resource or SME; -Mentorship of less·Commitment to continuous improvement and learning; ·Completion of leadership coursework and training;·daily workload, by working with little or no supervision;Independence in·for at least 1 year, and demonstrate proficiency in at least 4 of the following 6 competencies:HEmployees must have been at Step **IFor Advancement to Step .Inecessary for advancement to Step r supervisor, in obtaining the competencies provided their performance is “Successful” and they are making progress, as determined by theito Steps H, Once it is determined that an employee meets the competency requirements to be places at Step G, they shall annually advance project documentation.keeping, archiving, or other-Responsibility for record·Increased responsibility for communicating with customers/stakeholders; ·Contribution to process/policy/program improvements; ·Problem solving on their own; ·ased independence in performing job duties;Incre·The ability to perform increasingly complex job tasks; ·cies: Employees must have been at Step F for at least 1 year, and demonstrate proficiency in at least 4 of the following 6 competenFor Advancement to Step G**essary for advancement to Step G.neche competencies F, provided their performance is “Successful” and they are making progress, as determined by their supervisor, in obtaining tan employee has the competency requirements to be placed at Step D, they shall annually advance to Steps E and Once it is determined thatDemonstrate the ability to work effectively with others (teamwork).·Successfully performing all regular job duties; and·Obtain all required certifications; ·Complete all required job training;·t Step C for at least 1 year, and: Employees must have been aFor Advancement to Step D**successful completion of the identified competencies below. , requires IEmployees following the accelerated wage grid will advance to Steps B and C, based on tenure. Advancement to Steps D, G and $51.7646.79$41.82$39.90$98$37.$36.06$35.01$33.99$32.842025 (+3.00%) 8 73, even if their annual performance rating is “Successful”. I, they shall remain at the step preceding Steps Ian employee has met the competency criteria necessary for advancement to Steps D, G and . If in the event the review panel does not determine Iary for advancement to Steps D, G and employee meets the competency criteria necessermine if the visor, another supervisor selected by the employee, and another supervisor selected by the employee's supervisor who will detperson review panel consisting of the employee's super--will include a 3I**The process to formally approve advancement to Steps D, G and .oversightor with little ndependently City projects iCoordinating · 74 M 75 retlehS?laminA?rof?tnemtrapeD?eciloP?retsehcoR?ot?noitanoD?hsaC?-?noituloseR:stnemhcattA notyalC?haraS:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?etanretla?oN:)s(noitcA?evitanretlA????.tinu ?ssenisub?s'tinu?lortnoc?lamina?eht?ot?noitanod?eht?ylppa?ot?ekil?dluowtnemtraped?ecilop?ehT?.001$?fo?tnuoma?eht?ni?eunever?no?tcapmi?lacsif?evitisop?a?evah?lliw?noitanod?ehT:tcapmI?ecruoseR?&?lacsiF ytilibaniatsuS?&?ytilibisnopseR?lacsiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP?.retlehs?lamina?s'ytic?eht?tasesnepxe?ot?deilppa?eb?ot?001$?fo?noitanod?suomynona?na?tpecca?ot?ekil?dluow?tne mtrapeD?eciloP?ehT:evitarraN?tropeR.retlehS?laminA)DPR(?tnemtrapeD?eciloP?retsehcoR?eht?ot?noitanod?suomynona?001$?a?gnitpecca?noituloseR?a?gnitpodA:detseuqeR?noitcA???41.F?retlehS?laminAtnemtrapeD?e ciloP?retsehcoR?eht?ot?001$?fo?noitanoD NOITCA?ROF?TSEUQER nilknarF?feihC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeDeciloP?retsehcoR:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE RESOLUTION76 with the donor’s wishes and in accordance with the law. Minnesota, hereby accepts the above listed donation and directs that it be used in accordance NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Rochester, offered.WHEREAS, the Common Council finds generally that it is appropriate to accept the donation priorities and foundational principles; andWHEREAS, all such donations have been contributed to assist the City in executing its strategic WHEREAS, no goods or services were provided in exchange for said donation; andGift/Donation: cash -one hundred dollars($100); andName of Donor: Anonymous below to the City:WHEREAS, the following persons and/or entities have offered to contribute the gifts set forth services pursuant to Minnesota Statutes, Section 471.17; andcitizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational and personal property pursuant to Minnesota Statutes, Section 465.03, for the benefit of its WHEREAS, the City of Rochester, Minnesota, is generally authorized to accept donations of real Shelter. Accepting an Anonymous Donation for Expenses at the City of Rochester Animal PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF77Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________CITY CLERKATTEST: ______________________ ____PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. M 78??.raey?hcae?devorppa?neeb?sah?dnayllaunna?dedrawa?si?tnarg?sihT?.retsehcoR?fo?ytiC?eht?ot?tnarg?a?dedivorp?sah?ATDIH?,9102?ni?gninnigeB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.elohw?a?s a?setatS?detinU?eht?ni?dna?saera?detangised?ni?sgurd?lagelli?fo?ylppus?eht?ecuderot?secruoser?elbaliava?fo?esu?ezimixam?hcihw?seigetarts?tnemecrofne?wal?detanidrooc?gnitroppuS?.4.seicnega?tnemecrofne wal?labirt?dna?,lacol?,etats?,laredef?gnoma?ecnegilletni?tnemecrofne?wal?elbailer?gnidivorP?.3?.seicnegatnemecrofne?wal?labirt?dna?,lacol?,etats?,laredef?gnoma?ecnegilletni?tnemecrofne?wal?gnicnahnE? .2.seitivitca?tnemecrofne?detanidrooc?tnemelpmi?dna?noitamrofnierahs?ot?seicnega?tnemecrofne?wal?labirt?dna?,lacol?,etats?,laredef?gnoma?noitarepooc?gnitatilicaF?.1?:yb?setatS?detinU?eht?ni?noitcudor p?dna?gnikciffart?gurd?ecuder?ot?si?margorp?eht?fo?esoprup?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP?.hctam?aeriu qer?ton?seod?tnarg?ehT?.tegdub?s'tnemtraped?eht?tnalppus?ton?dna?tnemelppus?ti?taht?si?gnidnuf?eht?fonoitidnoc?A?.sraey?owt?si?doirep?tnarg?ehT?.semirc?tneloiv/gurd?tnacifingis?fo?noitpursid?dna?noit agitsevnieht?troppus?taht?sesnepxe?evitagitsevni?rof?ATDIH?morf?000,04$?detnarg?si?retsehcoR?fo?ytiC?ehT??.seicnega?tnemecrofne?wal?labirt?dna?lacol?,etats?,laredef?ot?ecnatsissa?sedivorp?margorp?)AT DIH(saerA?gnikciffarT?gurD?ytisnetnI?hgiH?)PCDNO(?s'yciloP?lortnoC?gurD?lanoitaN?fo?eciffO?ehT:evitarraN?tropeR?.tinu?noitagitsevni?tnemtraped?ecilop?eht?rof?tnempiuqetnemecrofne?wal?rof?000,04$?fo?t nuoma?eht?ni?margorP?)ATDIH(?saerA?gnikciffarT?gurD?ytisnetnIhgiH?eht?rof?)PCDNO(?yciloP?lortnoC?gurD?lanoitaN?fo?eciffO?eht?htiw?tnemeerga?tnarg?a?gnizirohtuA:detseuqeR?noitcA???51.F?margorP?)ATDIH( ?saerA?gnikciffarTgurD?ytisnetnI?hgiH?eht?rof?)PCDNO(?yciloP?lortnoCgurD?lanoitaN?fo?eciffO?eht?htiw?tnemeergA?tnarG NOITCA?ROF?TSEUQER nilknarF?feihC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD eciloP?retsehcoR:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 79 tnemeergA?tnarG?margorP?)ATDIH(?saerA?gnikciffarT?gurD?ytisnetnI?hgiH?3202?-?noituloseRtnarG?margorP?)ATDIH(?saerA?gnikciffarT?gurD?ytisnetnI?hgiH?3202?-?retteL?drawA:stnemhcattA notyalC?haraS:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.semirctneloiv?ro/dna?detaler-gurd?tnacifingis?etagitsevni?ot?ytiliba?s'tnemtraped?ecilop?eht?secnah ne?tnarg?ehT:tcapmI?ecruoseR?&?lacsi EXECUTIVE OFFICE OF THE PRESIDENT 80 National HIDTA DirectorShannon KellySincerely,return a copy via email to your respective NHAC accountant or to the following address:If you accept this award, please sign both the grant agreement and the conditions and6794.If you have any questions pertaining to this grant award, please contact Jayme Delano at (202) 395 - Please keep the original copy of the grant agreement and conditions for your file. If you(305) 715-7600Miami, FL 3317211200 NW 20th Street, Suite 100National HIDTA Assistance CenterFinance Unitprogram goals or agency priorities.administrative action. ONDCP also may terminate the award if it no longer effectuatesadhere to the grant conditions may result in the termination of the grant or the initiation of the administrative and financial responsibilities outlined in the grant conditions. Failure to The grant agreement and conditions are enclosed. By accepting this grant, you assumeNorth Central HIDTA and approved by the Office of National Drug Control Policy (ONDCP).initiatives designed to implement the Strategy proposed by the Executive Board of theG23ML0031A) has been awarded in the amount of $40,000.00. This grant will supportTrafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number We are pleased to inform you that your request for funding from the High Intensity DrugDear Mayor Norton:Rochester, MN 55904-3761201 4th St, SE 204City of RochesterMayor Kim NortonMarch 6, 2023 Washington, D.C. 20503OFFICE OF NATIONAL DRUG CONTROL POLICY 1.81 Page 2 of 9 Office of National Drug Control PolicyExecutive Office of the PresidentGrant Agreement 1416005494A2OC 410001OND2000000000077629467 DUNS:OND6113OND1070DB2324XXN5HLPJRTXQJ4HIDTA AWARD19.Accounting Classification Code18.AGENCY USE ONLY Signature of Authorized Recipient/Date17.Signature of Approving ONDCP Official 16.City of RochesterOffice of National Drug Control PolicyMayorNational HIDTA DirectorKim NortonShannon KellyTyped Name and Title of Authorized Official15.Typed Name and Title of Approving Official14.RECIPIENT ACCEPTANCE AGENCY APPROVAL Public Law 117-328Statutory Authority for Grant: 13.attached pages.This Grant is non-R&D and approved subject to such conditions or limitations as are set forth on the 12.$40,000.00. Total Amount of Federal Award: 11ProgramHigh Intensity Drug Trafficking Areas (HIDTA) $40,000.00Action: . Amount of Federal Funds Obligated by this 10Project Description3A.9.Previous Award Amount:Program - 95.001High Intensity Drug Trafficking Areas CFDA Name and Number:3.Supplement Number8.$40,000.00Agency Budget Approved by the Federal Awarding 2A.InitialAction:7.6., 6March Federal Award Date: $40,000.00Total Amount of the Federal Funds Obligated: 2.12/31/2024to01/01/2023FromG23ML0031A 5.4.Period of Performance:Award Number (FAIN): MayorKim NortonRochester, MN 55904-3761201 4th St SE 204City of RochesterRecipient Name and Address GRANT CONDITIONS 82 Page 3 of 11the following additional regulations and requirements:This award is subject to 2..https://www.whitehouse.gov/ondcp/grant-programs/general terms and conditions, are available online at These general terms and conditions, as well as archives of previous versions of these 7.representing, the Executive Office of the President or ONDCP.a collective basis or on a personal level, shall not hold themselves out as being part of, or agent(s), employees, contractors, as well as state, local, and Federal participants, either on Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal 6.electronic records related to the grant.through any authorized representative, access to, and the right to examine, all paper or The recipient gives the awarding agency or the Government Accountability Office, 5.closed out.Financial Report is required to be submitted quarterly and within 90 days after the grant is Health and Human Services, Division of Payment Management (HHS/DPM). The Federal Grantees are required to submit Federal Financial Reports (FFR) to the Department of 4.Federal Audit Clearinghouse at https://harvester.census.gov/facwebs audited fiscal year to the ’submitted no later than 9 months after the close of the granteemust be ” Audit Requirements“ 200, Subpart F, §Audits conducted pursuant to 2 C.F.R. 3.related questions, recipients should contact ONDCP promptly for clarification.. For specific, award-https://www.ecfr.gov/current/title-2/subt itle-A/chapter-II/part-200200 Uniform Requirements, see § and 230. For more information on the 215, 220, 225, §§ 66 and 70, as well as those of 2 C.F.R. §§ the provisions of 28 C.F.R. 200 Uniform Requirements supersede, among other things, §3603. For this award, the §and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. as adopted ”), 200 Uniform Requirements§ “200 (the § Audit Requirements in 2 C.F.R. This award is subject to the Uniform Administrative Requirements, Cost Principles, and 1.Non-profit Certifications (when applicable) ·Conflict of Interest and Mandatory Disclosure Requirements ·”Universal Identifier and System of Award Management– “ 25 §2 C.F.R. ·”New Restrictions on Lobbying– “69 § 28 C.F.R. ·A. General Terms and Conditions 8.83 Page 4 of 11conducting a sub-award or procurement action involving a related organization.subsidiary organization, you are unable or appear to be unable to be impartial in interest means that because of relationships with a parent company, affiliate, or conduct covering organizational conflicts of interest. Organizational conflicts of government, or Indian tribe, you must also maintain written standards of If you have a parent, affiliate, or subsidiary organization that is not a state, local ii.sub-recipients or contractors or parties to sub-awards or contracts.neither solicit nor accept gratuities, favors, or anything of monetary value from contract. The officers, employees, and agents of the non-federal entity must a tangible personal benefit from an organization considered for a sub-award or employ any of the parties indicated herein, has a financial or other interest in or family, his or her partner, or an organization which employs or is about to arise when the employee, officer, or agent, any member of his or her immediate she has a real or apparent conflict of interest. Such a conflict of interest would administration of a sub-award or contract supported by a federal award if he or None of your employees may participate in the selection, award, or i.engaged in the selection, award, and administration of sub-awards and contracts.covering conflicts of interest and governing the performance of your employees As a non-federal entity, you must maintain written standards of conduct are as follows:The ONDCP conflict of interest policies apply to sub-awards as well as contracts, and immediately whether you are an applicant or have an active ONDCP award.disclosure from sub-recipients or contractors. This disclosure must take place an ONDCP Program Officer; recipients that are pass-through entities must require federal awards. Recipients must disclose in writing any potential conflict of interest to s conflict of interest policies for ’As a non-federal entity, you must follow ONDCPConflict of Interest RequirementsA. Conflict of Interest and Mandatory Disclosures9.program goals or agency priorities. See 2 CFR 200.340.administrative action. ONDCP may also terminate the award if it no longer effectuates Terms and Conditions may result in the termination of the grant or the initiation of Failure to adhere to the General Terms and Conditions as well as the Program Specific B. 84 Page 5 of 11As specified in 2 CFR 200.303 Internal Controls, recipient must:13.grant.180, dealing with all sub-awards and contracts issued under the §set forth at 2 C.F.R. Recipients must comply with the Government-wide Suspension and Debarment provision 12.award recipient as outlined in 2 C.F.R. § 200.331. Subawards are authorized under this grant award. Subawards must be monitored by the 11.FFATA and DATA Act requirements.relevant grantee information required for ONDCP to collect for reporting related to information at all times during which it has an active federal award; and (iv) provide all its application; (iii) continue to maintain an active SAM registration with current before submitting its application; (ii) provide a valid Unique Entity Identifier number in Transparency Act (DATA Act). Each applicant is required to (i) be registered in SAM Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and 10.nondisclosure of classified information.4414, or any other form issued by a Federal department or agency governing the limitation shall not contravene requirements applicable to Standard Form 312, Form of a Federal department or agency authorized to receive such information. This waste, fraud, or abuse to a designated investigative or law enforcement representative otherwise restricting such employees or contractors from lawfully reporting such abuse to sign internal confidentiality agreements or statements prohibiting or that requires employees or contractors of such entity seeking to report fraud, waste, or Act may be used to fund a contract, grant, or cooperative agreement with an entity None of the funds appropriated or otherwise made available by this grant or any other 3321, and 41 U.S.C. § 2313.)any of the remedies described in § 200.339. (See also 2 C.F.R. §180, 31 U.S.C. § and Integrity Information System. Failure to make required disclosures can result in System for Award Management (SAM), currently the Federal Awardee Performance are required to report certain civil, criminal, or administrative proceedings to the federal award including the terms and conditions outlined in appendix XII of this part potentially affecting the federal award. Non-federal entities that have received a all violations of federal criminal law involving fraud, bribery, or gratuity violations As a non-federal entity, you must disclose, in a timely manner, in writing to ONDCP Mandatory Disclosure Requirement a)85 Page 6 of 11will be financed by non-governmental sources.percentage and dollar amount of the total costs of the project or program that c)the dollar amount of Federal funds for the project or program; andb)financed with federal money;the percentage of the total costs of the program or project which will be a)—money, all grantees receiving Federal funds included in this Act, shall clearly statedocuments describing projects or programs funded in whole or in part with Federal When issuing statements, press releases, requests for proposals, bid solicitations and other 16.goods, products, and materials produced in the United States. See 2 C.F.R. § 200.322.Grantees should provide a preference, to the extent permitted by law, to maximize use of 15. HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds.,200.216. See alsoof the National Defense Authorization Act of 2019, Pub. L. No. 115-232. See 2 C.F.R. § telecommunication and video surveillance services or equipment in alignment with § 889 Recipients are prohibited from using federal grant funds to purchase certain 14.of confidentiality.with applicable federal, state, and local laws regarding privacy and obligations designates as sensitive or the non-federal entity considers sensitive consistent information (PII) and other information ONDCP or pass-through entity Take reasonable measures to safeguard protected personally identified e)noncompliance identified in audit findings.Take prompt action when instances of noncompliance are identified, including d)regulations, and the terms and conditions of the federal award.s compliance with statute, ’Evaluate and monitor the non-federal entityc)Federal awards.Comply with federal statutes, regulations, and the terms and conditions of the b)Commission (COSO).issued by the Committee of Sponsoring Organizations of the Treadway ” Internal Control Integrated Framework,“General of the United States and the issued by the Comptroller ” for Internal Control in the federal Government,Standards “These internal controls should be in compliance with the guidance in compliance with federal statutes, regulations and award terms and conditions. provides reasonable assurance that federal award funds are managed in Establish and maintain effective internal controls over the federal award that B. Recipient Integrity and Performance Matters 86 Page 7 of 11acknowledgment of fault on your part; andIt had a different disposition arrived at by consent or compromise with an (ii) award term and condition;It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this (i) Any other criminal, civil, or administrative proceeding if:(4)excess of $100,000; ormonetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in condition, that resulted in a finding of fault and liability and your payment of either a An administrative proceeding, as defined in paragraph 5 of this award term and (3)monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;A civil proceeding that resulted in a finding of fault and liability and payment of a (2)award term and condition;A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this (1)Is one of the following:c.Reached its final disposition during the most recent 5-year period; andb.procurement contract from the Federal Government;Is in connection with the award or performance of a grant, cooperative agreement, or a.Submit the information required about each proceeding that:Proceedings About Which You Must Report2. 41 U.S.C. § 417b(e)(1).Seeperfor mance reviews required for federal procurement contracts, will be publicly available. designated integrity and performance system on or after April 15, 2011, except past 2313). As required by § 3010 of Public Law 111-212, all information posted in the is a statutory requirement under § 872 of Public Law 110-417, as amended (41 U.S.C. § administrative proceedings described in paragraph 2 of this award term and condition. This Performance and Integrity Information System (FAPIIS)) about civil, criminal, or available in the designated integrity and performance system (currently the Federal Awardee of information reported to SAM that is made period of time must maintain the currency during the period of performance of this federal award, then you as the recipient during that contracts from all federal awarding agencies exceeds $10,000,000 for any period of time If the total value of your currently active grants, cooperative agreements, and procurement General Reporting Requirement1.Reporting of Matters Related to Recipient Integrity and Performance (iii) 87 Page 8 of 11even if not yet exercised.(2) The value of all expected funding increments under a federal award and options, share or match; and(1) Only the federal share of the funding under any federal award with a recipient cost —includesc. Total value of currently active grants, cooperative agreements, and procurement contracts upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.conviction of a criminal offense by any court of competent jurisdiction, whether entered b. Conviction, for purposes of this award term and condition, means a judgment or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.the Federal and state level, but only in connection with performance of a Federal contract or and Armed Services Board of Contract Appeals proceedings). This includes proceedings at Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, order to make a determination of fault or liability (e.g., Securities and Exchange Administrative proceeding means a non-judicial process that is adjudicatory in nature in a.For purposes of this award term and condition:Definitions5.criminal, civil, and administrative proceedings.value greater than $10,000,000 must disclose semiannually any information about the that have federal contract, grant, and cooperative agreement awards with a cumulative total have not reported previously or affirm that there is no new information to report. Recipients most recent 5-year period, either to report new information about any proceeding(s) that you award term and condition, you must report proceedings information through SAM for the During any period of time when you are subject to the requirement in paragraph 1 of this Reporting Frequency4.federal procurement contracts that you were awarded.already provided the information through SAM because you were required to do so under submit the information a second time under assistance awards that you received if you proceeding described in paragraph 2 of this award term and condition. You do not need to Enter in the SAM Entity Management area the information that SAM requires about each Reporting Procedures3.proceeding does not conflict with applicable laws and regulations.The requirement in this award term and condition to disclose information about the C. Program Specific Terms and Conditions 88 Page 9 of 11Performance Management Process (PMP) database.10.0) and the HIDTA § set forth in the PPBG Performance Management chapter (HIDTA award recipients must adhere to the performance measures, goals and requirements D. Federal Award Performance Goals submitted as follows:number, interest period covered, and contact name and number. The remittance must be interest earned on advance payments), check number (if applicable), awardee name, award Pertinent details include the Payee Account Number (PAN), reason for check (remittance of Institutions) as that will assist in the timely posting of interest earned on federal funds. by Financial ” addenda records“nature of payment in the memo area (often referred to as Remittances must include pertinent information of the payee and – Remittance Instructionsinstructions provided below.at least annually, remit interest earned on advances to HHS/DPM using the remittance Education Assistance Act (25 U.S.C. § 450), awardees and sub-awardees shall promptly, but .) and the Indian Self-Determination and et seq Cooperation Act (31 U.S.C. § 6501 Except for interest earned on advances of funds exempt under the Intergovernmental 3.Insurance Corporation (FDIC) insured. The account must be interest bearing.s bank account. The bank must be Federal Deposit ’Transfer to the award recipient corresponding object class designations. Payments will be made via Electronic Fund system will not be approved unless the required disbursements have been entered using the time they submit a disbursement request to ONDCP. Requests for payment in the DPM The grantee, must utilize the object classes specified within the initial grant application each 2.)./(https://pms.psc.govA request for advance or reimbursement shall be made using the HHS/DPM system 1.E. Payment Basis healthy workplace trainings as outlined in the PPBG. In addition, as a condition for receiving this award, recipients must complete safe and https://www.nhac.org/hi dta_guidance/Program_Policy_and_Budget_Guidance2021.pdfHIDTA PPBG can be accessed at the following website:implement oversight and management function with respect to the HIDTA Program. The C.F.R. § 200) which provide the Director of ONDCP authority to coordinate funds and and Communities Act (21 U.S.C. § 1706) and the Uniform Administration Requirements (2 issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients (PPBG). The HIDTA PPBG is (September 9, 2021)Program Policy and Budget Guidance. and in the ONDCP National HIDTA Program Office HIDTA et seq Act, 21 U.S.C. §§ 1701 This award is subject to the requirements in the SUPPORT for Patients and Communities 1.The grant condition is as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a 89 Page 10 of 11appropriate PMS account)(** Please allow 4-6 weeks for processing of a payment by check to be applied to the ”to: For recipients that do not have electronic remittance capability, please make check** payable your Financial Institution for this type of payment)(* Please note organization initiating payment is likely to incur a charge from Account number: Routing Number:(ii) For Fedwire Returns*:Bank Name and Location: Account number: Routing Number: (i) For ACH Returns:Date:Kim Norton RECIPIENT ACCEPTANCE OF GRANT CONDITIONS purposes.The grantee or subgrantee may keep interest amounts up to $500 per year for administrative 4.https://pms.psc.gov/grant-recipients/returning-funds-interest.html.Any additional information/instructions may be found on the PMS Web site at Fedwire Funds Service payment. City of Rochester 90 Page 11 of 11 Initiative Cash by HIDTA 91 3/1/2023 9:10:31 AM Awarded Budget (as approved by ONDCP)FY 2023 40,000.00Total40,000.00Agency Total : City of Rochester G23ML0031AInvestigation40,000.00Rochester PD Drug TF City of RochesterNorth CentralGrantTypeCashInitiativeAgency NameHIDTA Budget Detail 92 3/1/2023 9:10:32 AMPage 1 of 1$40,000.00Total Budget$20,000.00Total Supplies$10,000.00Investigative/Operational$10,000.00Computers - desktop, laptop & notebook AmountQuantitySupplies $15,000.00Total Equipment$15,000.00Technical investigative equipment AmountQuantityEquipment$5,000.00Total Services$5,000.00Investigative services AmountQuantityServices Resource Recipient - Rochester PDAward Recipient - City of Rochester (G23ML0031A)InvestigationInitiative - Rochester PD Drug TF2023 - North Central RESOLUTION93MAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFthe grant is accepted and execution of the corresponding agreement is authorized.thatNOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester WHEREAS, the grant agreement period is for two years and does not require a local match. department's budget; and drug/violent crimes, with the condition thatfunding supplement and not supplant the HIDTA for investigative expenses that support the investigation and disruption of significant WHEREAS, the City of Rochester was awarded a grant in the amount of $40,000 from enforcement agencies; and Trafficking Areas(HIDTA)program provides assistance to federal, state, local and tribal law WHEREAS, the Office of National Drug Control Policy's (ONDCP) High Intensity Drug . Enforcement Equipment(ONDCP) for the High Intensity Drug-Trafficking Areas (HIDTA) Program for Law Authorizing a grant agreement with the Office of National Drug Control Policy M 94.secivres?atad?dna?setuor?rebif?gnitsixe?rof?etatS?eht?htiw?stnemeerga?roirp?suoiraV:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.smetsys?elbaliavas'yrarbil?eht?ot?ssecca?ro?,retupmoc?,telbat ?,enohp?detcennoc?a?htiw?enoyna?ot?emit?yna?ta?erehwyrevegnihcaer?ni?ycnerapsnart?dna?noitcennoc?s'ytiC?rof?enobkcab?laicurc?a?si?tenretni?eht?fo?esu?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??.nwod?stsoc?gniogno?s'ytiC?eht?peeksuht?dna?smetsys?eseht?hguorht?sremotsuc?detroppus- etatS?dna?latnemnrevog?rehto?rieht?evres?yehtsa?secruoser?tessa?tropsnart?atad?eseht?loop?ot?su?swolla?etatS?eht?htiw?pihsrentrap?sihT??.cte?,troppusrodnev?,snoitacilppa?lacitirc?noissim?rof?"secivre s?duolc"?,ecrofkrow?krow?dirbyh?,secivres?gnimaerts,sgniteem?dirbyh?rof?snoitcennoc?tenretni?no?ecnailer?sti?worg?ot?seunitnoc?ytiC?ehT??.tenretni?ehtdna?etatS?eht?ot?noitcennoc?s'ytiC?eht?rof?yticap ac?dna?ycneiliser?lanoitidda?sedivorp?tnempoleved?sihT?.ytiC?eht?yb?deniatniamdna?deganam?eb?ot?eunitnoc?lliw?sdnarts?rebif?eht?elihw?etatS?eht?yb?deganam?dna?derotinom?eblliw?tnempiuqe?ehT??.etis?no itcennoc?dnoces?siht?fo?tnempoleved?rof?000,051$?fo?tnemyap?emit-eno?a?sallew?sa?etatS?eht?eht?ot?rebif?fo?sdnarts?lanoitidda?edivorp?dluow?ytiC?eht?,tnemeerga?desoporp?eht?rednU:evitarraN?tropeR??.s ecivres?atad?derahs?latnemnrevog?ruo?fo?yticapac?dna?ycneiliser?evorpmi?ot?retsehcoRni?buh?atad?dnoces?a?fo?tnempoleved?rof?)sraey?01?lanoitidda?na?fo?noisnetxe?elbissop?a?htiw(?sraey)01(?net?fo?noit arud?a?rof?noitaredisnoc?elbaulav?rehto?dna?000,051$?fo?tnuoma?eht?ni?)"etatS"(?secivreSygolonhceT?noitamrofnI?fo?tnemtrapeD?atosenniM?fo?etatS?eht?htiw?tnemeerga?srewop?tnioj?a?gnizirohtuA:detseuqeR ?noitcA???61.FsecivreS?ataD?rehtO?dna?buH?ataDdnoceS?rof?secivreS?ygolonhceT?fo?tnemtrapeD?-atosenniM?fo?etatS?eht?htiw?tnemeergA?srewoP?tnioJ NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesno C:NOITCES?ADNEGAygolonhceTnoitamrofnI?&?ecnaniF:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 95 buH?ataD?-?tnemeergA?srewoP?tnioJ?atosenniM?fo?etatS:stnemhcattA nosnitraM?elaD:yB?deraperP.yticapac?detimil?erom?dna?buh?eno?gnitsixe?ruo?ezilitu?ot?eunitnoC:)s(noitcA?evitanretlA?krowteN?aerA? ediW?ytiC?,8991-C#?tcejorP?PIC?morf?000,57$?*dna?,sdnuf?)APRA(?ytilibatS?tegduB?citsiloH?eht?fo?noitacolla?"kroW?etomeR"?eht?morf?000,57$?*:tcapmI?ecruoseR?&?lacsi 96 fiber optic cable. owned-UnitGovernmental e and repairs of , relocations,aintenance, locatesm ongoing the all for responsible · to help establish the second hub in Rochester. $150,000time fee of -a one StatePay the · Rochester hub locations. and State customers and connectivity between the State to connectutilized for a total of eight strands headquartersCollege and Department of Transportation District 6 Rochester Community the diverse path between providingboth the North and South routes on fibers opticalsingle mode pair of twoa minimum of an Indefeasible Right to Use (IRU) forthe State Grant · will: Governmental UnitThe 2.1 St Paul.to the State hub in Governmental Unitfor bandwidth Gbps dataand provisioning of 10 fiber in Rochester, , Use of City owned hub Rochester Statesecond nestablishment of the is Agreement applies to the Agreement between the Parties 2 years upon agreement of both Parties.greement can be extended for an additional 10 AThis .Party after providing a written notice to the otherhe Agreement will have the right to terminate t yPart ithere after whichfor a minimum period of ten years, and shall remain in full force and effect )Effective Date( Minnesota Statutes Section 16C.05, subdivision 2date the State obtains all required signatures under the on The term of this Agreement shall commence Term of Agreement 1 Agreement St Paul.connection to data Gbpscity a 10 State will provide the e ,n returnI time dollars to help establish the new hub.-and one fiber connectionsowned -UnitGovernmental shared use of the to sagree Governmental UnitRochesteroCity the connections in fibers s darkprovide Governmental Unit Rochester at the DOT/ State Patrol site.the State is establishing a second hub in ,resilience in the City of Rochestero create . Tlarger bandwidthdemands for customer meet fiber optic connections to w engaged in providing upgrades and and is constantly tate of MinnesotaSthat extends throughout the has established a Wide Area Network infrastructure The State ces.necessary for the provision of information technology and telecommunications servithe joint exercise of powers with other governmental units and to engage in such assistance as deemed 16E.01 and 16E.03, the State is empowered to enter into agreements for Under Minn. Stat. §§ 471.59, subd. 10, Recitals Parties are governmental units in the State of MinnesotaThe the “Parties” collectively, and as the “Party” singularly while stating interactions between each other. ”), referred to in this Agreement as Governmental Unit f Rochesteroity C ("State") and Services echnologyTnformation Iof Minnesota Department greement is between the State of Minnesota, acting through its AThis JOINT POWERS AGREEMENT STATE OF MINNESOTA 1 )07/11Joint Powers Agreement (Rev. CFMS Contract No. __________ 97 used to bind either party., may be greement, whether written or oralA. No other understanding regarding this Governmental Unitgreement contains all negotiations and agreements between the State and the AThis Contract Complete. 5.4 provision or its right to enforce it.does not waive the greement, that failureAIf the State fails to enforce any provision of this .Waiver 5.3 their successors in office.been executed and approved by the same parties who executed and approved the original agreement, or and will not be effective until it has greement must be in writingAAny amendment to this Amendments. 5.2 office.their successors in and approved by the same parties who executed and approved this agreement, or greement without the prior consent of the State and a fully executed Assignment Agreement, executed Amay neither assign nor transfer any rights or obligations under this UnitGovernmental Assignment. 5.1 Assignment, Amendments, Waiver, and Contract Complete 5 5904, MN 5Rochester Room 204 – Street SE th 201 4 Information Technology Manager Tony Campbell Liaison is: Governmental Unit’s St Paul, MN 55155 658 Cedar Street Director. Network and Telecommunications Division Jim E. Johnson The State's Liaison is: Agreement the following persons are the designated liaisons:inform the others, in writing, of any change in the designated liaison. At the time of execution of this shall specifications and provide ongoing consultation, liaisons shall be designated by the Parties. The Parties day performance of this Agreement and to ensure compliance with the --To assist the Parties in the day Authorized Representatives 4 ,000.1time payment of $-t shall not exceed a oneAgreemenunder the terms of this Governmental UnitThe total obligation of the Payment 3 coordinating maintenance and repair work.as necessary while troubleshooting outages and other network incidents and in Collaborate · The Parties will: 3 .etwork maintenance, repair, and configurationnresponsible for all on the State MPLS backbone and be Governmental Unittransport for the dataof GbpsProvide 10 · network operational. ronic devices needed to make thenstall and manage the electI · .etworkn the its own designin Rochester hubs and the Statethese optical fibers between Use · The State will: 2 2 )07/11Joint Powers Agreement (Rev. CFMS Contract No. __________ 98 year periods. )5additional five (greement may be extended for a total of two AUpon mutual agreement of both Parties, this s’ written notice to the other party.year 1without cause, upon t at any time, with or greemenAmay terminate this After the mandatory period of ten years, either Party Termination federal court with competent jurisdiction in Ramsey County, Minnesota.l proceedings out of this agreement, or its breach, must be in the appropriate state or Venue for all lega Venue 9 the release of the data to the requesting party before the data is released.Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning referred to in this Clause, the Governmental If the Governmental Unit receives a request to release the data release of the data referred to in this clause by either the Governmental Unit or the State.§ 13.08 apply to the Minnesota Statute greement. The civil remedies of Aal Unit under this Governmentapplies to all data created, collected, received, stored, used, maintained, or disseminated by the greement, and as it ACh. 13, as it applies to all data provided by the State under this Minnesota Statute Minnesota Government Data Practices Act, The Governmental Unit and State must comply with the Government Data Practices 8 greement.Athis and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of greement are subject to examination by the State Aaccounting procedures and practices relevant to this , the Governmental Unit’s books, records, documents, and subdivision 5§ 16C.05, Minnesota Statute Under State Audits 7 e to fulfill its obligations under this Agreement.each party may have for another's failur3.736 or other applicable law. This clause will not be construed to bar any legal remedies that §Statutes exclusions or limitations on the Party’s liability provided by Minnesota Statutes, Chapter 466, Minnesota greement shall not be construed as and does not constitute a waiver by any Party of any conditionsAThis Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable.program and that each has minimum coverage consistent with the liability limits contained in insurance -to comply with the aforementioned liability and insurance requirements through an insurance or selfClaims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that it is able Stat. Ch. 466, the Minnesota Tort unicipal Tort Claims Act, Minn. Mgoverned by the provisions of the It is understood and agreed that liability and damages arising from the parties’ acts and omissions are Party, its agents or employees.shall not be responsible for the acts of the other law andand the results thereof to the extent authorized by Each Party to this Agreement shall be liable for its own acts or omissions and those of its own employees Liability and Insurance 6 3 )07/11Joint Powers Agreement (Rev. CFMS Contract No. __________ 99 Photo Copy -State’s Authorized Representative Governmental Unit Agency Distribution: _______________________________________________Date: Title: ______________________________________ ________ By: ________________________________________________ Date: _______________________________________________ Title: ______________________________________________ _______________Date: ________________________________ By: ________________________________________________ By: ________________________________________________ 2. GOVERNMENTAL UNIT delegated to Materials Management Division COMMISSIONER OF ADMINISTRATION _________________________________-CFMS Contract No. A Date: ______________________________________________ Date: _______________________________________________ Title: ______________________________________________ _____________________________________________Signed: (with delegated authority) By: _______________________________________________ §§ 16A.15 and 16C.05.Minnesota Statute required by Individual certifies that funds have been encumbered as 3. STATE AGENCY ENCUMBRANCE VERIFICATION1. STATE 4 )07/11Joint Powers Agreement (Rev. CFMS Contract No. __________ M 100:selpicnirP?lanoitadnuoF?&?seitiroirP.000,005,7$?si?yllaunnaeviecer?nac?ytiC?eht?taht?dia?tisnart?fo?tnuoma?mumixam?ehT?.diA?tisnarT?etatS?ni?02.029,126,31$rof?ytiC?eht?yfilauq?taht?sesnepxe?tis nart?elbigile?ni?31.082,180,9$?gnitroper?si?ytiC?eht?,2202?roF???.2202?raey?radnelac?eht?rof?20.362,350,4$?fo?tnuoma?eht?ni,raey?siht?fo?1?enuJ?erofeb?dedeen?sa?erugif?eht?tsujda?ot?maet?eht?rof?lavo rppa?htiw?,troper?snoitubirtnoCfo?noitacifitreC?dehcatta?eht?fo?noissimbus?eht?evorppa?licnuoC?taht?gnitseuqer?si?maet?ytiC?ehT?.gniteem?3202?,32?hcraM?rieht?ta?2202?rof?serutidnepxe?etavirp?deifilau qeht?yfitrec?ot?deludehcs?si?draoB?eettimmoC?evitucexE?)CCMD(?noitaroproC?retneC?lacideM?noitanitseDehT?.42.981,195,79$?ot?deviecer?AISG?fo?tnuoma?latot?eht?gnignirb?2202?ni?)AISG(?diA?erutcurtsarfnI lareneG?etatS?ni?902,602,92$?rof?deifilauq?ytiC?ehT?.23.959,340,260,1$?gnieb?”serutidnepxedeifilauq“?eht?htiw?23.959,340,262,1$?erew?serutidnepxe?etavirp?latot?evitalumuc?eht?,1202?tuohguorhT?.3202?n i?000,000,03$eviecer?ot?detcejorp?si?dna?2202?ni?gnidnuf?AISG?ni?902,602,92$?deviecer?ytiC?ehT?.serutidnepxedeifilauq?fo?rebmun?eht?no?desab?ytiC?eht?ot?dewo?eb?lliw?taht?AISG?fo?tnuoma?eht?fo?daeha? erasnoitubirtnoc?gnihctam?s'ytiC?eht?,tniop?siht?tA?.serutidnepxe?deifilauq?yb?dehctam?eb?ot?sdeen?ti?,noitiddanI?.000,000,03$?si?raey?rep?tnemyap?AISG?a?fo?pac?mumixam?eht?,revewoH?.ytiC?eht?ot?stne myap?)AISG(diA?erutcurtsarfnI?etatS?lareneG?ni?964,799,441$?fo?tnuoma?tnelaviuqe?na?ot?lauqe?eb?dluow?hcihwsnoitubirtnoc?gnihctam?ni?46.257,168,65$?deifitrec?sah?ytiC?eht?1202?hguorht?3102?morF?.raey ?hcaefo?1?rebmetpeS?yb?deviecer?si?gnidnuf?etatS?ehT?.snoitubirtnoc?gnihctam?lacol?fo?1$?htiw?gnidnuf?etatSfo?55.2$?hcae?hctam?ot?sah?ytiC?eht?,serutidnepxe?deifilauq?eht?no?desab?gnidnuf?etatS?eht?e viecer?oT?????????????.1?enuJ?ot?roirp?stnemtsujda?tidua?no?desab?noitacifitreceht?esiver?yam?ytiC?ehT?.tnempoleved?)CMD(?retneC?lacideM?noitanitseD?eht?rof?raey?radnelac?suoiverpeht?ni?edam?snoitubi rtnoc?gnihctam?detiduanu?eht?)DEED(?tnempoleveD?cimonocE?dna?tnemyolpmEfo?tnemtrapeD?eht?fo?renoissimmoC?eht?ot?yfitrec?ot?deriuqer?si?ytiC?eht?,raey?hcae?fo?1?lirpA?yB:evitarraN?tropeR.)DEED(?tnempo leveDcimonocE?dna?tnemyolpmE?fo?tnemtrapeD?eht?ot?raey?radnelac?2202?eht?rof?tnempoleved?)CMD(?retneClacideM?noitanitseD?eht?ot?detaler?mrof?snoitubirtnoC?fo?noitacifitreC?eht?fo?lattimbus?eht?gnizir ohtuA:detseuqeR?noitcA???71.FtnempoleveD?retneC?lacideM?noitanitseDeht?ot?detaleR?snoitubirtnoC?fo?noitacifitreC?2202?NOITCA?ROF?TSEUQER nosnitraM?elaD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempolev eD?ytinummoC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE E 101 noitubirtnoC?fo?noitacifitreC?retsehcoR?fo?ytiC?2202?-?tibihxE:stnemhcattA ybnevS?tnerB:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.stsoc?tisnart?rof?des u?eb?ylno?nac?diA?tisnarT?etatS?.tcirtsid?CMD?ehtnihtiw?detacol?stcejorp?erutcurtsarfni?cilbup?ot?detaler?stsoc?latipac?rof?desu?eb?ylno?nac?deviecer?AISG:tcapmI?ecruoseR?&?lacsiF.tnempoleved?CMD?eht ?gnidrager?raey?radnelacsuoiverp?eht?ni?edam?snoitubirtnoc?gnihctam?eht?DEED?ot?yfitrec?yllaunna?ot?deriuqer?si?ytiC?ehT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tuo?deirrac?gnieb?stcejorp?dn a?krow?eht?ni?noisulcni?dna?,ytiuqe?,ytisrevid?stroppusevitaitini?CMD?ehT?.slaog?cigetarts?s'licnuoC?htiw?tnetsisnoc?si?dna?sngila?ti?taht?gnirusne?,licnuoC?ybdevorppa?dna?deweiver?si?nalP?tnemevorpm I?latipaC?eht?dna?CCMD?eht?fo?tegdub?gnitarepo?launna?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonoc 4,053,263.02 102 1 TOTAL Contributions Reported This Year by the City of RochesterGeneral State Infrastructure Aid Qualified for (Annual Exp. multiplied by $2.55)(Medical Entity/DMCC match also required)General State Aid Qualified for this Year Cumulative City General Aid Contributions Cumulative Previous Contributions Cumulative City Transit Aid Contributions(Medical Entity/DMCC match also required)Transit State Aid Qualified for this Year 1,2 Transit Aid Contributions Reported This Year by the City of Rochester Transit Aid Contributions Reported this Year revise this certification based on audit adjustments prior to June 1.City of Rochester Commissioner of Employment and Economic Development State Infrastructure Aid Agreement. The city may for Contributions that relate to the Destination Medical Center (DMC) Development for the calendar year 2022, as required by the The City of Rochester hereby submits to the Department of Employment and Economic Development (DEED) the following report GENERAL STATE AID General Aid Contributions Reported this Year For Calendar Year 2022 City of RochesterCertificatio n of Contributions Due to Commissioner of Employment and Economic Development (DEED) by April 1 Cumulative State Aid Qualified for as of 12/31/2022Cumulative Previous Contributions TRANSIT AID State Transit Aid expended this yearState GSIA expended this year Tranist Aid match may come from the City or Olmsted County 2 Commissioner of Employment and Economic Development State Infrastructure Aid Agreement.outlined in the City of Rochester of the State of Minnesota and the approved methodology as Statute 469.47 provisions ofBy providing my signature below, I am hereby certifying the information stated herein is accurate, true and complies with the Funds expended need to be after June 30, 2013 1 Date City Administrator, City of Rochester Date Mayor, City of Rochester 14 0 13 13,621,920.20 Add Box 12 multiplied by 1.512 9,081,280.13Cumulative Contributions as of 12/31/20202 11 9,081,280.13 From Box 8 Contributions This Year (from Box 8)10 0 9 13,621,920.20 Add Box 8 multiplied by 1.5 State Transit Aid Aid Qualified for 8 9,081,280.13 7 $ 10,556,907.44 6 $ Cumulative State Aid Qualified for as of 12/31/2022 5 $ 60,915,015.66 Add Box 3 and Box 4 Cumulative Contributions as of 12/31/2022 4 $ 4,053,263.02 From Box 1 Contributions This Year 3 $ 56,861,752.64 2 $ 10,335,820.70 1 $ M 103 ytreporp?ytiC?no?noitazirohtuA?pmuD?hsurB?:5002-erP:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.gninrub?ria?nepo?ot?derapmoc?sa?noitullop?ria?seziminimrenrub?niatruc?ria?eht?fo?noitidda? eht?dna?srebmem?ytinummoc?lla?sevres?esael?siht?fo?noitazirohtuA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFpihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroir P?.gninrub?ria?nepo?susrev?noitullop?etalucitrap?dna?ekomsgnicuder?yltnacifingis?sirbed?doow?gninrub?fo?dohtem?tneiciffe?erom?a?si?tinu?gninrub?niatruc?ria?ehT?.2202?ni?tcejorp?tolip?a?sa?dezirohtua? ylsuoiverp?saw?renrubniatruc?ria?sihT?.pmud?hsurb?eht?fo?snoitarepo?tnemeganam?eht?fo?trap?sa?ecived?gninrub?niatruc?ria?nafo?esu?eht?rof?swolla?egnahc?esael?tnerruc?sihT?.tnemtrapeD?eriF?eht?yb?dett imrep?secnatsni?dezirohtuayllacificeps?rof?tpecxe?,etis?eht?no?hsurb?fo?gninrub?yna?rof?wolla?ton?seod?lavorppa?tnerruc?ehT?.sedaced?lareves?rof?yawahtaHhtiw?pihsrentrap?a?neeb?sah?aera?siht?ni?pmud? hsurb?eht?tub?,5002?ni?detanigiro?taht?esael?gniogno?na?sisihT?.stnemtrapeD?retsehcoR?fo?ytiC?dna?seinapmoc?eert?fo?evisulcni?esu?ot?cilbup?eht?rof?elbaliava?pmudhsurb?a?fo?noitarepo?eht?ni?dia?ot?es ael?a?dezilitu?evah?ecivreS?eerT?yawahtaH?dna?retsehcoR?fo?ytiC:evitarraN?tropeR.renruB?niatruC?riA?na?fo?esu?eht?gnidulcni?snoitarepo?pmud?hsurb?rof?sdnalytiC?fo?serca?)3(?eerht?yletamixorppa?fo?esu ?rof?.cnI?,ecivreS?eerT?yawahtaH?htiw?esael?a?gnizirohtuA:detseuqeR?noitcA???81.FytreporP?fo?sercA?eerhTrof?ecivreS?eerT?yawahtaH?htiw?esaeL?-?etatsE?laeR NOITCA?ROF?TSEUQER rubgiN?leahciM:RETNESERPa dnegA?tnesnoC:NOITCES?ADNEGAnoitaerceR?&?skraP:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE M 104 aerA?gnissecorP?tnemeganaM?hsurB?yawahtaH?3202?-?paMytreporP?fo?sercA?eerhT?rof?ecivreS?eerT?yawahtaH?htiw?esaeL?-?etatsE?laeR?-?esaeL:stnemhcattA rubgiN?ekiM:yB?deraperP.noitcidsiruj?on?sah?yt iC?eht?hcihw?,stimil?ytiC?fo?edistuogninrub?ria?nepo?erom?tpmorp?yam?ti?tub?noitpo?na?si?noitarepo?gninrub?niatruc?ria?eht?gniwolla?toN:)s(noitcA?evitanretlA.ytiC?eht?no?nedrub?laicnanif?a?etaerc?ton ?seod?esael?sihT??.snoitarepo?s'ytiC?eht?dna?cilbup?eht?rof?elbaliava?eb?ot?pmuD?hsurB?eht?rof?snoitarepoeht?eruces?seod?esael?siht?,revewoh?;esael?rof?tnemyap?lanimon?a?sedivorp?ecivreS?eerT?yawahta H:tcapmI?ecruoseR?&?lacsiF esaeL?niatruC?riA?-?margorP?toliP?:2202?,31?yraunaJnoitazirohtuA?esaeL?pmuD?hsurB?-?licnuoC?ytiC?:5002?,7?rebmevoNnoitazirohtuA?pmuD?hsurB?rof?timreP?esU?lanoitidnoC?-?licn uoC?ytiC?:5002?,01?hcra LEASE AGREEMENT105a purchase agreement for the Cordie property.shall entitle Lessor to purchase the land on the same terms as any other person executing 522 feet of the NE ¼ of the NE ¼, Section 30, T 107 W, R 14 W. This right of first refusal on the attached Exhibit A and more particularly described as the North 250 feet of the East 5.City of Rochester shall have right of first refusal for purchase of the Cordiepropertyshown least ninety (90) days prior to the expiration of the current one-year lease period.year basis until canceled by either party by providing written notice to the other party at 4.At the expiration of the one-year period, this Lease shall continue in effect on a year-to-each month during the rental term hereof.3.The annual rent is $1,200.00per year, payable in installments of $100.00on the 1st day of executed by Lessor.2.The term of this lease shall be for a period of oneyear from the date this agreement is specifically identified on the attached Exhibit A.b.The leased premisescontains approximately 3.0 acresof land and ismore West.the North 250’ of theEast 522’ofSection 30 Township 107 West Range 14 a.The Northeast Quarter of the Northeast Quarter (NE-1/4 of the NE-1/4),lessfollowing described property in Olmsted County, State of Minnesota:1.Lessor hereby leases to Lessee the premises located within and being a portion of the WITNESSETH:hereinafter called the Lessee.,Hathaway Tree Service, Inc., hereinafter called the Lessor, and City of Rochesterthe THIS AGREEMENT made and executed this ____ day of ______, 2023, by and between 2 106The Director of Parks and Recreation, or designee,may under unique i.Street SE, Rochester, Minnesota, 55904.th and Recreation Department, 201 4Director of Parks and Recreation. Requests shall be directed to the Rochester Park h.Other methods to manage wood waste will be considered for approval by the g.No onsite burying of any materialsis allowed.Rochesterwhichever is more restrictive.of Agriculture, Minnesota Department of Natural Resources, or the City of f.Management of diseased or infested wood will comply with Minnesota Department e.No open burns are permitted.d.An annual City issued burn permit is required priorto any burning onsite.or “air burners” to optimize a method to cleanly burn wood material.shall be completed utilizing what is commonly known as an“air curtain destructor” Agency standards and City of Rochester Burning Policy. At a minimum burning outlined herein. Any burning on site shall comply with Minnesota Pollution Control c.Burning of wood material on site is allowed secondarily to recycling options material.production,or other commonmethods to provide a productive reuse of the b.Recycling of wood products is allowed through milling, chipping, firewood a.Compliance with City Ordinance provisions including noise restrictions.recycling site:demolition generated wood waste only. The following conditions apply to the tree waste operation of a tree-waste recycling site for the disposal of trees, tree roots, and non-6.The leased premisesand the adjoining property owned by Cordieshall be used for the 3 107employees. Lessee’s employees shall not be considered City employees for any purposes.unemployment insurance benefits, and wage/social security withholdings for these services required herein and shall maintain worker's compensation coverage, 10.Lessee shall provide all maintenance personnel for the performance of any work or other immediate termination as hereinafter provided.approved by Lessor shall be considered a material breach of the leaseand cause for that are justified by changes in volume or operating cost. Lessee’s imposition of rates not following calendar year. Lessor shall not unreasonably refuse to approve any rate increases 9.Lessor shall have the right to annually review and approve the proposed tipping fees for the e.The proposed tipping fee schedule for the following year.d.Identification of improvements made to the site.operation of the site during the year.c.The identity and amount of any assistance provided by public agencies in the b.Methods of handling material (chip, burn, saw logs, firewood, etc.)a.Thevolume and type of material processed during the year.the facility during that year. This report shall include the following:8.Lessee shall provide to Lessor at the end of each calendar year a report on the operation of appropriate.on Saturday. The site may be open during such other times as the Lessee may deem hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and from 8:00 a.m. to 12:00 noon 7.Except for holidays,the site shall be open to the public for disposal purposes during the mortality.include large amounts of storm debris management or significant sudden tree of wood waste or recycled wood products. Such unique circumstances could circumstances allow temporary use of the adjoining city owned property for storage 4 10817.Upon termination or expiration of this lease, Lessee shall return the site to a condition material breach of the terms and conditions of any part of this Agreement.16.This Agreement may be terminated by Lessor at any time it deems the Lessee to be in as a result of flooding at this site.harmless Lessor, its agents, officers, and employees, from any and all damages occurring 15.Lessee acknowledges its locationadjacent to flood control dam/reservoir and agrees to hold the policies. Lessor and shall indicate that Lessor shall be notified within 30 days of any cancellation of damage limits of at least $2,000,000. Certificates of insurance shall be delivered to the insurance naming the Lessor as an additional insured with bodily injury and property the road and/or disposal site. The Lessee shall procure at its own expense general liability and claims for damages that may arise by reason of the use, maintenance or condition of 14.Lessee agrees to indemnify, defend and hold Lessor harmless from any and all damages similar to aid the public’s access to drop off wood debris material.or about said premises. Lessor mayperiodically provideroad rock/recycled bituminous or 13.Lessor is not obligated to make any alterations, improvements or repairs of any kind on permits and licenses, this Agreement shall be rendered null and void.ordinances, rules and regulations. In the event the Lessee is unable to obtain all necessary and that it will operate said site in accordance with applicable federal, state and local laws, extensions thereof, all licenses and permits necessary for the operation of the disposal site 12.Lessee warrants that it will obtain and maintain through the term of this Agreement, and any three strands of wire and stand at least four feet high. 11.Lesseeshallinstall and maintain a perimeter site fence. The fence shall contain at least 5 109City of Rochester, Lessorthe date and year first above written.IN WITNESS WHEREOF, the parties of this Agreement have duly executed the same as of regarding this agreement.understandings, agreements or representations, oral or written, not specified herein effective only in the specific instance and for the specific purpose given. There are no and signed by both parties. Such waiver, consent, modification or change, if made, shall be modification of change of terms of this agreement shall bind either party unless in writing 20.This agreement constitutes the entire agreement between the parties. No waiver consent, Street SE, Rochester, Minnesota, 55904.th Recreation Department, 201 419.Any notices or reports identified within this lease shall be directed to the Rochester Park and 18.This lease may not be assigned without Lessor’s prior written approval.reestablishment of vegetation.site over time, all necessary site grading to ensure appropriate drainage, and 1991. This work shall include the removal of all equipment and debris accumulated on the substantially similar to its condition prior to Lessee’s initiation of tree disposal activities in 6 110Kelly Geistler, Its City ClerkBy:____________________________Kim Norton,Its MayorBy:____________________________ 7 111NOTARY PUBLIC______________________________corporation,who executed the foregoing instrument for and on behalf of the corporation._____________________ and _____________________ ofHathaway Tree Service, Inc.,a county, personally appeared ________________________ and ______________________, the On this _____ day of __________, 2023, before me, a notary public within and for said COUNTY OF OLMSTED) ) SSSTATE OF MINNESOTA) NOTARY PUBLIC _______________________ ________Rochester, a Minnesota municipal corporation, forand on behalf of the City.2023, by Kim Nortonand Kelly Geistler, the Mayor and City Clerk respectively of the City of The foregoing instrument was acknowledged before me this ____ day of ____________, COUNTY OF OLMSTED ) ) SSSTATE OF MINNESOTA)Its:____________________________By:__________ __________________Its:____________________________By:____________________________Hathaway Tree Service, Inc. EXHIBIT A. HATHAWAY BRUSH MANAGEMENT PROCESSING AREA 112 HATHAWAY PROCESSING AREAHATHAWAY BRUSH DUMPST NW)TH CSAH 4 (19 AVE NW TH 2555 50 M 113.devorppa?)1?esahP?-?1755J(?tcartnoC?renwO-ytiC?-?gniteeM?licnuoC?:1202?,51?rebmevoN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eu d?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbup?fo?noitallatsni?eht?taht?erusneot?dengised?si?hcihw?,margorP?noitcurtsnoC?renwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tcapmI?IE D?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.sdradnatS?dna?snoitacificepS?ytiCeht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoissefor p?sedivorp?renwO?eht?taht?tcartnoc?renwO-ytiC?eht?yb?deriuqer?si?tI?.renwO?eht?yb?diap?dna?,004,8$?fo?tnuoma?eht?ni?,)reenignE?gnitlusnoC?sa(,CLL?,secivreS?lanoisseforP?mrofdnaL?htiw?dednemmocer?si?t cartnoc?secivres?lacinhcet?lanoisseforp?A?.tcejorp?siht?rof?ezilitu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfni?cilbup?foytilauq?eht?taht?gnirusne?elihw?tnempoleved?rof?e nilemit?s'renwO?etadommocca?lliw?tcartnoc?renwO-ytiC?afo?esu?ehT?.)reenignE?ngiseD?sa(?,CLL?,secivreS?lanoisseforP?mrofdnaL?dna?,)rotcartnoC?sa(?,CLL?,snoS&?rednaloB?lraC?,)renwO?sa(?,PLLL?,ynapmoC?r ehtuL?ehT?:htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".2?esahP?,ecalP?kraP?rehtuL?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1755J?.oN?tcejorP?rof?licnuoC?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet? lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?tropeR.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",2?esahP?,ecalP?kraP?rehtuLevreS?ot?stnardyH?&?niamretaW?cilbuP"?,1755J? .oN?tcejorP?ot?detaler?krow?rof?,004,8$?fo?tnuomaeht?ni?,CLL?,secivreS?lanoisseforP?mrofdnaL?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;noitatnemucod?ecnarusni?dna?dnob?etairporppa?eht?fo ?noissimbus?s'rotcartnoCdna?,slavorppa?nalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",2?esahP?,ecalPkraP?rehtuL?evreS?ot?stnardyH?&?niamretaW?cilbuP"?,1755J?.oN?tcejorP?rof?tcartnoc? renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???91.F1755J.oN?tcejorP?-?2?esahP?,ecalP?kraP?rehtuL?evreS?otstnardyH?&?niamretaW?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESER PadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE F 114 1755J?.oN?tcejorP?-?2?esahP?,ecalP?kraP?rehtuL?-?tibihxE1755J?.oN?tcejorP?-?2?esahP?,ecalP?kraP?rehtuL?-?tcartnoC?secivreS?lacinhceT?lanoisseforP1755J?.oN?tcejorP?-?2?esahP?,ecalP?kraP?rehtuL?- ?tcartnoC?renwO-ytiC:stnemhcattA redeilttiM?elyK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?secivres?lacinhcet?lanoisseforp?eht?ot?gnidroccasecivres? rieht?rof?reenignE?gnitlusnoC?gnitasnepmoc?ni?esu?rof?ytiC?ot?tnemyap-erp?edivorp?lliw?renwOdna?,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?diap?sah?renwO?eht?,stcartnoc?eht?yb?deriuqer?sA:t capmI?ecruoseR?&?lacsi 1 115 designees for the purpose of evaluating the design of the Project elements.Owner is obligated to make the results of said Report available to the City and its ) for the Project. ”Report“) to prepare a Geotechnical Report (hereinafter ”ProfessionalGeotechnical “(hereinafter a Minnesota corporation ,Inc. Testing EngineeringAmerican the professional services of edOwner has by separate document retain b) including Project close out.Project. The Project Manager is responsible for all coordination of the work elements Project Manager for the will serve as Linda McGinty, s representative’Owner a) .OBLIGATIONS SPECIFICS ’OWNER I. as follows: tually agreed between City and NOW, THEREFORE, it is hereby mu .sSpecifications Standard ’Cityadherence to the with the approved Civil Construction Plans for the Project (hereinafter Project Plans) and including full compliance , herein, and subject to the terms and conditions noted herein)(unless otherwise specifically own cost and expense itsContractor, at Project, utilizing for the work the public improvements permission to perform OwnerCity is willing to grant 3) .”“hereinafter referred to as the , and ’A‘depicted for reference as attached Exhibit ssheet planthe ,”271 Phase 5J5 – Luther Park Placeto Watermain & Hydrants blicuP“referred to as generally Engineer, and specifications thereof prepared by plans approved the Property, consistent with the public easements lying within or abutting -of-public infrastructure or perform other private work within the public rightcertain own expense, construct itsat ,permission to, and is requesting Propertyhe development t340-1development application CD202approval for has received Owner 2) .”Property“hereinafter referred to as the ,Subdivision, Olmsted County, Minnesota Allendale, 14 through 18 sLot including land generally described as in the City of Rochesterreal property owns Owner 1) WITNESSETH, THAT WHEREAS .of this agreement he general terms and conditions the referred to as be shall hereinafter collectively Engineer, Contractor and Owner), and together ”Engineer“(hereinafter referred to as limited liability companyMinnesota a ,Landform Professional Services, LLC”Contractor“referred to as hereinafter ( , a Minnesota limited liability company, dba Carl Bolander & Sons Carl Bolander & Sons, LLCand ) ”Owner“as hereinafter referred to ( limited partnershiplimited liability Minnesota a, Company, LLLPThe Luther ”City“a Minnesota municipal corporation, (hereinafter referred to as of Rochester,ity C, between the 32THIS AGREEMENT, made this _______ day of _______________, 20 OWNER CONTRACT-CITY 2 116 opportunity to perform other projects within the City. the Ownermay be used as a basis for denying obligations set forth in this Contract,, as it pertains to the Owner’s this agreementailure to do everything required by F h) private utility servicesrequired from Public Works prior to commencement of installation of the Contract and that separate utility connection permit(s) and inspection(s) are this development are NOT part of this connections being constructed as part of Owner acknowledges that all private sanitary sewer & water service g) SAC & WAC have previously been paid. .sevelopment ChargeDSewer & Water f) concerns. to resolve any Engineer or his/her designee Citythe ith directly wcommunicate shall Owner, duties s’Observation & Oversight Engineerconcerns regarding has any Ownerperforming its duties related to the Project. In the event Engineer Observation & Oversight or interfere with shall not provide work direction Owner e) have been claimed, verified, and paid by City. EngineerObservation & Oversight confirmation that all applicable expenses incurred by s ’upon City the net differencewho made initial payment, s representative’Owner, City will reimburse Ownercollected from andthan the amount specified above Engineer and approved by City, are less Observation and Oversight documented by and oversight expenses for the Project, as observation In the event the .3, 20230May ject being completed bysubject to the work elements for the Pro, for the Projectand oversight observation have no other financial obligation related to construction shall Owner. Observation & Oversight EngineerProject that are to be performed by and oversight services for the observation financial obligation related to s ’Ownerrepresenting .00004,8$the amount of to City shall pay s representative’Owners execution of this Contract, ’OwnerConcurrent with ject. oversight for the Proand observation City, through a separate arrangement, to perform construction retained by beenhas )”Observation & Oversight Engineer“(hereinafter referred to as a Minnesota limited liability company Landform Professional Services, LLC, d) Project work elements.the delay in completion of the as a result of ,a Minnesota limited liability company Professional Services, LLC,Landform by and oversight observation additional by the City related to incurred City for additional costs reimburse may be obligated to OwnerContract, and and Contractor may be required by City to execute an Addendum to the Owner, 3202, In the event the Project work elements are not completed by soils, etc).and any changed working conditions (due to weather, quirements or provisions,rerequirements of the City Ordinances, development conditions, or State or Federal and City related to the Project or Project Property, or , Owneragreement between the required to fulfill the conditions or intent of the Development Agreement, or any other costs, including any scope of work changes that may be construction all Project for shall pay Ownerpecifications. Additionally Standard Design Sadherence with City in and Project Plansconsistent with the approved in a manner and 3, 20230May by ntscompletion of all Project work eleme s’shall oversee the Contractor Owner c) 3 117 y require.safety maagainst injuries, and keep danger signals at all places and at such times as the public Contractor agrees to take all precautions necessary to protect the public b) commencement of installation of the private utility services.s prior to permit(s) and inspection(s) are required from Public Workproject are NOT part of this Contract and that separate utility connection water service connections being constructed as part of this development ctor acknowledges that all private sanitary sewer & any subcontractor. addendum(s). City shall not unreasonably withhold, condition or delay approval of approved owner contract -be amended based on any subsequently Cityelements, based on the approved Project Plans and specifications, and as they may do everything required by the contract documents. Contractor shall perform the work engineering standards and specifications incorporated into the Project Plans, and to approved by the City Engineer, and in compliance with current year City of Rochester Project Plansconstruction of the Project described herein, in accordance with and equipment, and to do and perform all the work and labor necessary in the Contractor hereby covenants and agrees to furnish all materials, all necessary tools a) .OBLIGATIONS SPECIFIC CONTRACTOR III. and drawings. adjacent to the Property that have been identified in the technical data in such reports nditions, if any, at or reports and drawings related to hazardous environmental cohave been identified in the technical data in such reports and drawings, and (2) conditions related to existing surface or subsurface structures at the Property that ty and all drawings of physical subsurface conditions at or adjacent to the Properit has carefully studied all: (1) reports of explorations and tests of Contractor d) Project.the elements included in may affect cost, progress, and performance of its work egulations that raws and lit is familiar with and is satisfied as to all Contractor c) included in the Project.elements progress, and performance of its work ffect cost, asatisfied as to the general, local, and Property conditions that may ,ecome familiar withexamination of the Property and the adjacent areas, has balert visual and has visited the Property, conducted a thoroughstates it Contractor b) related to the Project.data and reference items ll otherd aconstruction plans, City design specifications, an, civil has examined and carefully studied the Contractstates it Contractor a) .REPRESENTATIONS S’CONTRACTOR II. preparation and recording fee.qualified professional), for said easements, and shall pay City a standard document it drawing (prepared by a Owner shall provide City a legal description and exhibeasements, at no cost to City, concurrent with execution of this Contract by Owner. dedicated for all public infrastructure for the Project, Owner shall dedicate all way have previously been -of-rightUnless all public drainage & utility easements, and i) 4 118 elements. contractors and subcontractors licensed to perform those specific work All work elements shall be performed by formed under this Contract.perharmless from any and all claims Contractor may have for payment for work By execution of this Contract, Contractor agrees and shall hold the City and may not later claim the City has violated Minn. Stat. 574.26. Contract er the terms of this actor undperformed by Contrelements workProject all s payment to Contractor for ’Ownerit determines is adequate to guarantee in an amount and in a form OwnerContractor shall obtain surety from the Owner Contract, -As a condition of performing work under this City (3) period. s maintenance ’and with an effective date covering the ContractorContractor shall also provide a maintenance bond in the same amount, maintenance period, year-ones ’he expiration of Contractoreffect until tIf the bonds do not state on their face that they remain in full force and (2) respectively. and specification and payment of all claims for the labor and materials, l guarantee the performance of the contract in accordance with the plans shalshall be conditioned as required by Minnesota Statutes, Section 574.26, and furnishing labor and materials for the purpose of this contract. Said bonds bond for the use of City, and the payment bond for the benefit of all persons with the performance .00,00050$ at least bond shall be in the total sum ofcompany authorized to do business in the State of Minnesota. Each furnish to City, performance and payment bonds executed by itself and a Prior to commencement of any work under this contract, Contractor shall (1) by the Contractor. erformedwork to be ppublic improvements the estimated cost of the srepresent accuratelya form acceptable to the City that in an amount and in shall provide Contractor . from Contractor Project Surety d) protect its interests. The City may take such other legal action that it determines necessary to (4) equired elements;performance bond for completion of the rCity may contact the bonding agents and take action against the (3) ;City may withhold future contracts with the Contractor (2) elements are completed;issuance of building permits until such time as the outstanding withhold the City may record an affidavit of noncompliance indicating that the City will (1) :appropriate, including but not limited to the followingto resolve the outstanding items through whatever legal course it may deem City may take action , schedule iswork elements have not been completed within ths ’. In the event Contractordaysworking 7within , the ProjectConstruction Plans for Civil all public improvements within the approved Contractor shall complete Upon commencing specific work elements, . 3, 202by City, on or before except for warranty items that are subject to this contract, to the satisfaction of the The Contractor shall complete all of its Project work elements, Completion Date. c) 5 119 City Engineer. acceptable to theto the City in a format shall be provided . Said record drawings critical grading elementsand infrastructureProject related rawings for all decord rEngineer shall provide c) $1,000,000.00. less than notbe coverage shall aggregate mThe related to the Project. plan and specification preparation, and record drawingsdEngineer shall maintain Errors & Omissions Insurance for all of its b) in the same discipline would in the same or similar circumstances. professionalsskill prescribed in the code of practice of his or her profession, or as other , diligence, and careexercise the level of ethical and legal duty of a professional to its maintain Engineer shall . In performance of its duties, Standard of Care a) OBLIGATIONS. SPECIFIC S’EERDESIGN ENGIN IV. . projects within the Cityfor denying Contractor the opportunity to construct other public improvement Failure to do everything required by this agreement may be used as a basis (6) maintain insurance during such maintenance period., and in any event shall expiration date indicated on the original certificatethe maintenance period, Contractor shall provide a new certificate prior to the any insurance certificate indicates the policy shall expire prior to the end of s intention to cancel or terminate. If ’nywritten notice of the insurance compa ’any insurance above described, City of Rochester is to receive thirty daysshall be endorsed indicating that in the event of cancellation or termination of ctions and Approvals requirements. All policies of insurance Contract Inspesubcontractors are aware of and abide by the provisions of the City Owner this effect are filed with the City Clerk. Contractor shall also ensure that its s compensation insurance, as set forth above, and that certificates to ’workerile and determine and require that such subcontractors maintain automobthrough subcontractors, it shall be the responsibility of Contractor to portion of the work contemplated by this contract shall be done by Contractor compensation. In the event that all or a ’insurance is in effect for workersContractor shall also file with the City Clerk a certificate indicating City.liability insurance shall be primary to any liability insurance maintained by the s ’Contractoror certificates of such automobile insurance with the City Cnaming the City of Rochester as an additional insured, and to file a certificate $1,500,000/$3,000,000 and property damage limits of at least $500,000, tract with bodily injury limits of at least performance of this coninsurance on their vehicles and to maintain insurance on all vehicles in the such insurance, with the City Clerk. Contractor further agree to maintain its of at least $500,000, and file such policy of insurance, or a certificate of limbodily injury limits of at least $1,500,000/$3,000,000 and property damage insurance policy naming the City of Rochester as an additional insured, with duration not less than its maintenance and warranty period, a general liability e and maintain for a Contractor, at its own expense, shall procur Insurance. (5) .be removed at the discretion of the City Engineer or his designeesanitary sewer lines to existing City sewer lines. This/These plugs shall only by the City Engineer prior to connection of new location(s) designatedContractor will install a sewer plug(s) at a Where applicable, . Sewer Lines (4) 6 120 .to be performed hereundertogether with all ordinances and regulations applicable to this contract and the work agents and employees to comply with all federal, state and local laws, itscause shall comply and Design Engineer Contractor, , Ownerauthorized by this contract, In connection with the administration and performance of the work COMPLIANCES. IX. lity of City.responsibiin any work or services under this agreement shall in no way be the obligation or employees while engaged s’any partyclaims and any act or omission on the part of social security coverage, retirement membership or credit, and any and all such , itss compensation coverage, unemployment insurance benef’limited to, workerconsidered employees of the City for any purpose whatsoever, including, but not rformance of any work or services required or provided for herein shall not be the peare independent contractors and all persons employed by said parties in Engineer , and Observation & Oversight Engineer, Contractor, Ownerthat parties It is expressly understood and agreed OR.INDEPENDENT CONTRACT VIII. d by the City. completion or correction within a schedule approvea warranty claim is being made, shall perform such work identified as needing constructed in accordance with City specifications or has not been accepted, or that roject, or a portion thereof, has not been Pthat the or its agent, notice from the CityContractor, within 14 days after receiving and / or Owner .ACCEPTANCE-NON VII. obligations. ’sieremaining parts work independent of the completion of the ’Contractors, or ’Engineers, ’OwnerCity Engineer may accept the .)itxhibattached Eprovided for reference Acceptance is (an example City Acceptanceseparate execution of a s’he City Engineerby t memorializedAcceptance of the work shall be s ’Cityduration established by this Contract. installed pursuant to this contract for the and agrees to maintain the stability of all work done and materials furnished and xcept that Contractor guarantees , eOwnerwithout any further acts or deeds of the shall become the property of the City Project elementsaccepted by the City, the Engineer and is subsequently accepted by City. When Observation & Oversight by until such work is certified Project elements responsibility for the maintenance of the City accepts no .NTENANCE, OWNERSHIPCITY ACCEPTANCE, MAI VI. general schedule.roject, to discuss project scope, erosion control, and to commencing work on the P prior s representative shall be held’and the City, Observation & Oversight EngineerEngineer, , Contractor, Ownersite meeting between the -. An onEngineerCity roject are on file with the ans and specifications for the Papproved plthe have been approved and slanand Grading Pcivil construction plans Project until the Work shall not commence on the .incorporated herein by reference all of which areStandards for Street and Utility Construction in effect at the time of contract execution, s ’s and specifications, and the City of Rochesterplanapproved the , Contractthis made a part hereof to the same extent as if fully set forth herein, consist of which are for the Project, The contract documents CONTRACT DOCUMENTS. V. infrastructure within the City. other engineering services for public Engineer the opportunity to perform may be used as a basis for denying ContractFailure to do everything required by this d) 7 121 .Contractexpiration of this contrary, this clause will survive the termination orNotwithstanding any provision in this Agreement to the such term or condition. and specifically waives any and all legal objections they may have to any Contractthis ition found within agree that they will not challenge the legality of any term or condparties allAs such, with a legal challenge to any of the terms of this Agreement.All parties wish to avoid any development or administrative delays associated erein.hherein; and (d) has not relied upon any representation or statement not set forth the significance of those terms and has made the decision to accept them as stated terms, appreciates itsunderstands all of and; (c) has read Contractbefore signing this s terms and conditions, and to consult an attorney’Contracttime to consider this with legal counsel as he/she/it deems appropriate; (b) has had a sufficient amount of own volition with such consultation itsknowingly, voluntarily and willingly of his/her/ Contract(a) enters into and executes this Engineer acknowledge that he/she/it:, and Contractor, Ownerthe , ContractBy executing this .CONCURRENCE XIV. .pecific instance and for the specific purpose givenin the sby both parties. Such waiver, consent, modification, or change shall be effective only shall bind either party unless in writing and signed Contractor change of terms of this not specified herein. Furthermore, no waiver, consent, modification, representationsrepresentations. There are no oral or written understandings, agreements, or supersedes all prior negotiations, understandings, agreements, and instrumentThis agreement, and the complete and exclusive statement of the terms agreed upon. ’constitutes the final expression of the parties Contract. This MERGER CLAUSE XIII. .constitute a waiver by the City of that or any other provisionof the City to enforce any provisions of this contract shall not . The failure XII. s fee.’reimburse all costs of these claims, including attorneyEngineer agrees to The agents, or employees under this agreement.Engineer or its subcontractors, e negligent activities of The arising out of thofficers, agents, and employees from all claims, suits, or actions resulting from or Engineer agrees to indemnify and hold harmless the City, its officials, The attorney’s fees.nd pay all costs in defending these claims, including Contractor agrees to defend aThe Contractor or its subcontractors, agents, or employees under this agreement.activities of the resulting from or arising out of the negligent or otherwise tortiousfrom all claims, suits, or actions of whatsoever nature officers, agents, and employeesThe Contractor agrees to defend, indemnify and hold harmless the City, its officials, ’attorneyto defend and pay all costs in defending these claims, including sagree OwnerThe ts, or employees under this agreement.its agen ,Owneractivities of the tortiouswhatsoever nature resulting from or arising out of the negligent or otherwise its officials, officers, agents, and employees from all claims, suits, or actions of to defend, indemnify and hold harmless the City, sagree OwnerThe .INDEMNITY XI. create a conflict of interest for any purpose. ,Oversight EngineerObservation & and Design Engineer provided by right to claim that servicesunderstand this relationship and waive any OwnerCity and Professional Services.and to the City under a separate Contract for Ownerprofessional services to the required to provide Observation & Oversight Engineerand EngineerDesign es For the construction of these public faciliti .CONFLICT OF INTEREST X. 8 122 \[Signature Pages Follow\] Contract. to be completed pursuant to thisand Owner agree that the terms of the Construction Contract shall apply to the Project is part of the Work to be completed pursuant to the Construction Contract. Contractor The Owner and Contractor agree that the Project .CONSTRUCTION CONTRACT XIX. ed from the City.ProceGrading Plan are approved, and the Contractor has received a written Notice to such time the Contract documents are fully executed, the Construction Plans and Work under this contract shall not commence until .COMMENCEMENT OF WORK XVIII. Minnesota.accordance with the laws of the State of This Agreement will be governed by and construed in .GOVERNING LAW XVII. Instrument.such counterparts taken together shall be deemed to constitute one and the same hereto on separate signature pages, and all counterparts by the different partiesof . This Contract may be executed in any number PARTSEXECUTION IN COUNTER XVI. consultants.-own staff and/or sub itsmanner through the use of obligated to perform the required work in a professional and workmanlike isand ontract it is bound by the terms of this C atth s. Contractor acknowledgeall partiesontract amendment signed by and formal C written consent of the City Engineer priorthe shall not substitute Contractor identified herein without Owner .SUBSTITUTION XV. 9 123 32, 20_________________Dated _________ City Clerk Kelly K. Geistler, ______________________________ 3, 202__________________________Dated Mayor, Kim Norton __________BY______ ____________________ corporationa Minnesota municipal , MINNESOTA, CITY OF ROCHESTER CITY: duly executed on the day and year hereinabove set forth.IN WITNESS WHEREOF, the respective parties hereto have caused this agreement to be 10 124 Notary Public ___________________________________ .limited liability limited partnershipfree act and deed and on behalf of the who executed the foregoing instrument and acknowledged that he/she executed the same as his/her person e and who is personally known by me to be th ,Minnesota limited liability limited partnershipa The Luther Company, LLLP, _________________ of the _________________, by ,3202___________, day of _____The foregoing instrument was acknowledged before me this )_____________COUNTY OF SS) )MINNESOTA Its: __________________________ : __________________________By a Minnesota limited liability limited partnership The Luther Company, LLLP, OWNER: 11 125 My Commission Expires: Notary Public .Company, LLLPThe Luther at he/she hereby executes said instrument for and on behalf of th , andpartnershiplimited to execute the attached instrument for and on behalf of the limited liability indicated the he/she is authorized under the articles of organization or operating who has (City & State) (Zip Code) , limited partnership___________________________, _______________, a limited liability ), (Address)LLLP _________________________________, ____________________________________ (Title) sworn, did say that he/she is the ______________________________, of (Name of Officer) _________________________, to me personally known, who being by me duly appeared , before me32On this _________________ day of ____________________, 20 COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR OWNER LIMITED PARTNERSHIP ACKNOWLEDGEMENT OF LIMITED LIABILITY 12 126 Notary Public ___________________________________ .companyacknowledged that he/she executed the same as his/her free act and deed and on behalf of the person who executed the foregoing instrument and and who is personally known by me to be the ,, a Minnesota limited liability company, dba Carl Bolander & Sons CompanyBolander & Sons, LLCCarl by _________________________ ______, the __________________________ of, 3202 ,___________The foregoing instrument was acknowledged before me this ___ day of ) _____________COUNTY OF ss.) ) _________________________ __ tsI ____________________________ yB dba Carl Bolander & Sons Company Minnesota limited liability company, a ,Carl Bolander & Sons, LLC CONTRACTOR: 13 127 My Commission Expires: Notary Public company. tes said instrument for and on behalf of the limited liabilitythat he/she hereby execu to execute the attached instrument for and on behalf of the limited liability company, and indicated the he/she is authorized under the articles of organization or operating agreement (City & State) (Zip Code) ___________________________, _______________, a limited liability company, who has (Name of Company), (Address) _________________________________, ____________________________________ (Title) sworn, did say that he/she is the ______________________________, of (Name of Officer) _________________________, to me personally known, who being by me duly appeared , before me3On this _________________ day of ____________________, 202 COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE FOR CONTRACTOR ACKNOWLEDGEMENT OF LIMITED LIABILITY 14 128 Rochester, MN 55901 4001 West River Parkway NW, Suite 100 WorksRochester Public This document was drafted by: Notary Public ___________________________________ .companyacknowledged that he/she executed the same as his/her free act and deed and on behalf of the person who executed the foregoing instrument and personally known by me to be the and who is , a Minnesota limited liability company Landform Professional Services, LLC,, by ______________________________, the __________________________ of 3220 ,_____________The foregoing instrument was acknowledged before me this ___ day of ) _____________COUNTY OF ss.) ) STATE OF MINNESOTA _____________________________ tsI ____________________________ y B Minnesota limited liability company a Landform Professional Services, LLC, DESIGN ENGINEER: 15 129 My Commission Expires: Notary Public of the company. ted liability company, and that he/she hereby executes said instrument for and on behalf limi operating agreement to execute the attached instrument for and on behalf of the company, who has indicated the he/she is authorized under the articles of organization or (City & State) (Zip Code) ed liability ___________________________, _______________, a limit (Name of Company), (Address) __________________________________, ___________________________________ (Title) sworn, did say that he/she is the ______________________________, of (Name of Officer) appeared _________________________, to me personally known, who being by me duly , before me3____________________, 202On this _________________ day of COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE FOR DESIGN ENGINEER ACKNOWLEDGEMENT OF LIMITED LIABILITY 130 16 2 a 5 Construction Plan forrawing of Reference d EXHIBIT A 131 71 AcceptanceCertification of ’EngineerExample of Blank BXHIBIT E Page | 1 6/1/20244/1/2023ssabraski@landform.netMinneapolis513Suite Ave, 5th South 105 ServicesProfessional Landform CompanyLibility Limited ServicesProfessional Landform J5571 (Phase 2)PlacePark Luther 132(Signature Page Follows)IN WITNESS WHEREOF, the parties have executed this contract intending to be bound. Expiration Date:Effective Date:attached hereto and incorporated herein.manner consistent with the Special and General Conditions and any other conditions which are NOW, THEREFORE it is agreed that ENGINEER will perform the work under this Contract in a and agrees to perform all services described in this Contract consistent with City Spec. 1014.3.WHEREAS, ENGINEER represents that it is qualified (per qualification in City Spec. 1014.3) services as described herein; andWHEREAS, CITY does not have available necessary and / or qualified personnel to conduct the Email:City:Street:Name:(“ENGINEER”); aThis Contract is between the City of Rochester, MN(City) and Accounting Information:Project Number:City Owner Project Title:TECHNICAL SERVICESCONTRACT FOR PROFESSIONAL 133 134 SPECIAL CONDITIONS 8400612-638-0243AdminEngineer/Contract AdminEngineer/Contract 55401MN Mpls, 513 Suite Ave, 5th S 105 612-638-0243ssabraski@landform.netPrincipalSabraskiSteven 61/20244/1/2023 135 submitted for payment by the Engineer.services and deliverables are acceptable and satisfactory, the CITY’S Authorized Agent will certify each invoice CITY’S Authorized Agent will have authority to accept or reject ENGINEERs services and deliverables. If such Responsibility: Project Mngr. mbaker@rochestermn.govEmail: Phone: (507)-328-2427Title: Land Development Mgr.Street S.E., Rm 108, Rochester, MN55904 th Address: 201 4Name: Mark BakerCITY’S Authorized Agent, or Project Manager will be: CITY’S AUTHORIZED AGENT / PROJECTMANAGER ARTICLE 5ENGINEER shall notify the CITY if any change in Key Personnel occurs during the contract term.Responsibility:Email:Phone:Address:Title:Name:ENGINEER Key Personnel:ARTICLE 4 AMOUNT:TOTAL CONTRACT$ As RequiredAs RequiredOther Activities as directed by Engineer or CityAs RequiredAs RequiredWarranty InspectionsAs RequiredAs RequiredProject ManagementProject Administration – PreCon, Record DWGs, 100%Full Timeand Stormwater ConveyancesStormwater Facilities – Public Ponds 25%Part TimeManagementSite Erosion and Sediment Control (ESC) - Site 100%Full Timeand pavingAll required stage testing of piping, subgrade,base 100%Full TimeConcrete street placement100%Full TimeBituminous wear placement100%Full TimeBituminous non-wear100%Full Time100%Full TimeCurb & Gutter string line check / verification50%Part TimeCurb and Gutter Preparation100%Full TimeAggregate Base compaction / proof roll test50%Part TimeAggregate Base Placement100%Full TimeStreet Subgrade Preparation /Compaction100%Full TimeUnderground Utility Work and Trench Compaction25%Part TimeGeneral Site Grading & Excavation25%Part TimeSite Clearing & Grubbing Time (%)Level of InspectionActivity hourly, fee schedule basis, for the following items:Consideration for all services performed by ENGINEER, as defined by this contract, will be paid by CITY on an CONSIDERATION OF PAYMENT ARTICLE 3C.General Conditions:Attach General Conditions document.B.Construction Schedule:Attach Construction schedule breakout from CONTRACTOR.A.Detailed Scope of Work:Attach Task / Scope List from ENGINEER.SCOPE OF WORK ARTICLE 2Expiration Date:Effective Date:TERM OF CONTRACT ARTICLE 1 Luther Park Place 136*Full Time Inspection Required per City requirements $ 8,400.0056267 $ 150.00Construction Admin IIIFred Volz) Watermain South (2 Phase Total CostTotal HoursDrive Time/DayWorking Hours/DayWorking DaysHourly Rate ($/Hr)TitleInspectorProjectJ# 5571 (South) IDTask NameDurationStartFinish 137 Date: Mon 1/23/23Luther Park Place Motors Preliminary SchedulePage 1 Updated 1/23/2023 Construction Progress Schedule ace - RochesterLuther Park Pl ProgressProject SummarySummaryMilestoneTaskaJDecember 20233November 202October 2023September 202August 2023July 2023June 2023May 2023April 2023March 2023February 2023January 2023December 20222November 202October 2022September 202August 2022July 2022June 2022May 202212722171272272217127228231813832823181383292419149430252015105302520151053126211611612621161161272217127225201510531262 116116127221712722722171272282318138328231813832924191494302520151053025201510531262116116126 TilePainting and WallcoveringHose ReelsHose Reels& Piping Rough-InsDrywall,Tape& SandIn-Wall BlockingMechanical and Electrical Rough- InsDoor FramesInterior CMU WallsMetal Stud FramingSlab on Grade& ToppingsVapor Barrier& GradingUnderground ElectricalUnderground Hoist InstallUnderground PlumbingSobotec PanelsField Measure SobotecExterior Glass& GlazingEIFS SystemMetal PanelsField Measure Aluminum& GlassRoofing& SkylightsSteel Erection and Decking at Service DrivesRoof BlockingStructural Stud Framing,SheathingCMU at Service Drives 1/20/23?Fri10/31/22?Mondays?60Tile 54 1/25/23?Wed10/31/22?Mondays?63Wallcovering?and?Painting 53 10/28/22?Fri10/26/22?Weddays?3???Reels ?Hose 52 10/25/22?Tue10/14/22?Fridays?8Ins‐Rough?Piping?&?Reels?Hose 51 11/11/22?Fri9/12/22?Mondays?47Sand?&?Tape?Drywall,50 9/16/22?Fri9/6/22?Tuedays?9Blocking?Wall‐In 49 1/11/23?Wed8/29/22?Mondays? 100Ins‐?Rough?Electrical?and?Mechanical 48 9/16/22?Fri8/29/22?Mondays?15Frames?Door 47 9/14/22?Wed8/22/22?Mondays?18Walls?CMU?Interior 46 9/16/22?Fri8/15/22?Mondays?25Framing?Stud?Metal 45 9/14/22?Wed7/25/22?Mondays?38Toppings?&?Grade?on?Slab 44 8/1/22?Mon7/22/22?Fridays?7Grading?&?Barrier?Vapor 43 7/29/22?Fri6/29/22?Weddays?23Electrical?Underground 42 8/9/22?Tue6/22/22?Weddays?35I nstall?Hoist?Underground 41 7/12/22?Tue6/8/22?Weddays?25Plumbing?Underground 40 3/3/23?Fri6/8/22?Weddays?195Buildout?Interior 39 12/30/22?Fri12/19/22?Monwks?2Panels?Sobotec 38 9/20/22?Tue9/19/22?Mond ays?2Sobotec?Measure?Field 37 10/21/22?Fri9/8/22?Thudays?32Glazing?&?Glass?Exterior 36 9/14/22?Wed8/29/22?Mondays?13System?EIFS 35 9/26/22?Mon8/1/22?Mondays?41?Panels?Metal 34 7/14/22?Thu7/14/22?Thud ay?1Glass?&?Aluminum?Measure?Field 33 7/14/22?Thu7/14/22?Thuday?1?System?Panel?Metal?Measure?Field 32 6/17/22?Fri5/18/22?Weddays?23Skylights?&?Roofing 31 5/20/22?Fri5/16/22?Mondays?5Drives?Service?at ?Decking?and?Erection?Steel 30 5/25/22?Wed4/27/22?Weddays?21Blocking?Roof 29 5/13/22?Fri4/20/22?Weddays?18Sheathing?Framing,?Stud?Structural 28 5/13/22?Fri4/5/22?Tuedays?29Drives?Service?at?CMU 27 12/30/22?Fri4/5/22?Tuedays?196Envelope?Building 26 4/26/22?Tue2/4/22?Fridays?58Steel?and?Precast 20 3/18/22?Fri12/6/21?Mondays?75Foundations?and?Footings 15 12/22/21?Wed10/5/21?Tuedays?57Sitework ?2021?Fall 7 3/3/23?Fri10/5/21?Tuedays?371Construction)?(Building?1?Phase 6 10/4/21?Mon8/31/21?Tuedays?25Milestones?Preconstruction 1 IDTask NameDurationStartFinish 138 Date: Mon 1/23/23Luther Park Place Motors Preliminary SchedulePage 2 Updated 1/23/2023 Construction Progress Schedule ace - RochesterLuther Park Pl ProgressProject SummarySummaryMilestoneTaskaJDecember 20233November 202October 2023September 202August 2023July 2023June 2023May 2023April 2023March 2023February 2023January 2023December 20222November 202October 2022September 202August 2022July 2022June 2022May 202212722171272272217127228231813832823181383292419149430252015105302520151053126211611612621161161272217127225201510531262 116116127221712722722171272282318138328231813832924191494302520151053025201510531262116116126 Punch list walk throughGlass Film and Decal (APS)Photo BoothIM Branded Furniture (BMW)iSpace BMW ToolboxesReels,Tanks etc.,Fill and Test PipingFinal Construction CleaniSpace Furniture (front of house and parts)Toilet Accessories and Partitions InstallSolar Installation (Energy Concepts)Shop Equipment (New and Relocated)Sill InstallationSecurity and Fire (Collins)Parts LiftiSpace PartsAV,Security,TV,Phones),Low Voltage (ITIdeaI Image Furniture (Audi)Doors& Hardware InstallNetwatch Security CamerasCarpet and Resilient FlooringCountertop InstallationDJ Kranz Millwork InstallCeiling PadsHD FilesInterior Glass& Alum Doors & HardwareiSpace Audi VW ToolboxesParts ShelvingTire CarouselModula Lift Sprinkler HeadsLights,Diffusers,andAbove Ceiling Low VoltageCar Wash EquipmentCeiling GridOH& High Speed Doors 2/2/23?Thu2/1/23?Weddays?2throu gh?walk?list?Punch 88 2/1/23?Wed1/30/23?Mondays?3(APS)?Decal?and?Film?Glass 87 1/30/23?Mon1/30/23?Monday?1Booth?Photo 86 2/2/23?Thu1/30/23?Mondays?4(BMW)?Furniture?Branded?IM 85 2/3/23?Fri1/30/23?Mon days?5Toolboxes?BMW?iSpace 84 2/3/23?Fri1/30/23?Mondays?5?etc.?Tanks?Reels,?Piping,?Test?and?Fill 83 2/10/23?Fri2/1/23?Weddays?8Clean?Construction?Final 82 1/31/23?Tue1/25/23?Weddays?5parts)?and?hous e?of?(front?Furniture?iSpace 81 1/31/23?Tue1/25/23?Weddays?5Install?Partitions?and?Accessories?Toilet 80 1/27/23?Fri1/23/23?Mondays?5Concepts)?(Energy?Installation?Solar 79 1/27/23?Fri1/23/23?Mondays ?5?Relocated)?and?(New?Equipment?Shop 78 2/6/23?Mon1/30/23?Mondays?6Installation?Sill 77 1/26/23?Thu1/23/23?Mondays?4Berg)?and?(Collins?Fire?and?Security 76 1/24/23?Tue1/19/23?Thudays?4Lift?Parts 75 1/20/23?Fri1/18/23?Weddays?3Racking?Parts?iSpace 74 2/10/23?Fri1/16/23?Mondays?20Phones)?TV,?(IT,?Voltage?Low 73 1/20/23?Fri1/16/23?Mondays?5(Audi)?Furniture?Image?IdeaI 72 1/24/23?Tue1/16/23?Mon days?7Install?Hardware?&?Doors 71 1/20/23?Fri1/11/23?Weddays?8Cameras?Security?Netwatch 70 1/20/23?Fri1/9/23?Mondays?10Flooring?Resilient?and?Carpet 69 1/10/23?Tue1/9/23?Mondays?2Installation?Counter top 68 1/11/23?Wed1/3/23?Tuedays?7Install?Millwork?Kranz?DJ 67 1/31/23?Tue1/3/23?Tuedays?21Pads?Ceiling 66 1/19/23?Thu1/3/23?Tuedays?13Files?HD 65 1/27/23?Fri12/21/22?Weddays?28Hardware?&?Doors?Alum? &?Glass?Interior 64 12/27/22?Tue12/12/22?Mondays?12Toolboxes?VW?Audi?iSpace 63 12/21/22?Wed12/12/22?Mondays?8Shelving?Parts 62 12/16/22?Fri12/12/22?Mondays?5Carousel?Tire 61 12/13/22?Tue12/5/22?Monda ys?7Lift?Modula 60 1/27/23?Fri11/21/22?Mondays?50Heads?Sprinkler?and?Diffusers,?Lights,59 12/27/22?Tue11/20/22?Sundays?27Voltage?Low?Ceiling?Above 58 11/16/22?Wed11/7/22?Mondays?8Equipment?Wash?Car 57 12/16/22?Fri11/7/22?Mondays?30Grid?Ceiling 56 12/2/22?Fri11/2/22?Weddays?23Doors?Speed?High?&?OH 55 IDTask NameDurationStartFinish 139 Date: Mon 1/23/23Luther Park Place Motors Preliminary SchedulePage 3 Updated 1/23/2023 Construction Progress Schedule ace - RochesterLuther Park Pl ProgressProject SummarySummaryMilestoneTaskaJDecember 20233November 202October 2023September 202August 2023July 2023June 2023May 2023April 2023March 2023February 2023January 2023December 20222November 202October 2022September 202August 2022July 2022June 2022May 202212722171272272217127228231813832823181383292419149430252015105302520151053126211611612621161161272217127225201510531262 116116127221712722722171272282318138328231813832924191494302520151053025201510531262116116126 Public / Private Utility DisconnectsHazardous Material Removal and AuctionLight PolesFencing2nd Lift Asphalt& Striping1st Lift AsphaltLandscaping& IrrigationBackfill CurbsCurb and Gutter Phase 2Import/Spread Class VGrade for SubgradeStoop Slabs,Sidewalks,ApronsBMW Pylon Sign FoundationCurb and Gutter Phase 1Class V for CurbsGrade for CurbsIrrigation SleevesBuilding BollardsPermanent Gas and PowerMass GradingRetaining WallSite Utilitesost OutrExterior Building Signage2/20Owner Move-inBenchmark Furniture (VW)Owner TrainingPunchlist 3/22/23?Wed3/9/23?Thudays?10Disconnects?Utility?Private?/?Public 122 3/22/23?Wed2/21/23?Tuedays?22Auction?and?Removal?Material?Hazardous 121 4/12/23?Wed2/21/23?Tuedays?372023‐2022?Winter 120 8/4/23?Fri2/21/23?Tuedays?119Sitework?II?Phase 119 11/22/22?Tue11/14/22?Mondays?7Poles?Light 118 11/11/22?Fri10/31/22?Mondays?10Fencing 117 10/28/22?Fri10/26/22?Weddays?3Striping?&?Asphalt?Lift?2nd 116 10/25/22?Tue10/24/22?Mondays?2Asphalt?Lift?1st 115 10/26/22?Wed10/13/22?Thudays?10Irrigation?&?Landscaping 114 10/12/22?Wed10/11/22? Tuedays?2Curbs?Backfill 113 10/10/22?Mon10/10/22?Monday?12?Phase?Gutter?and?Curb 112 10/7/22?Fri10/5/22?Weddays?3V?Class?Import/Spread 111 10/4/22?Tue9/29/22?Thudays?4Subgrade?for?Grade 110 9/28/22?Wed9/15/22?Thudays?10Aprons?Sidewalks,?Slabs,?Stoop 109 9/14/22?Wed9/12/22?Mondays?3Foundation?Sign?Pylon?BMW 108 8/30/22?Tue8/30/22?Tueday?11?Phase?Gutter?and?Curb 107 8/29/22?Mon8/25/22?Thudays?3Curbs?for?V?Class 106 8/24/22?Wed8/22/22?Mondays?3Curbs?for?Grade 105 8/19/22?Fri8/18/22?Thudays?2Sleeves?Irrigation 104 9/9/22?Fri8/4/22?Thudays?27Bollards?Building 103 9/8/22?Thu7/11/22?Mondays?44Conduits?and?Bases?Lighting?Site 102 8/3/22?Wed7/11/22?Mondays?18Power?and?Gas?Permanent 101 8/10/22?Wed5/18/22?Weddays?61Grading?Mass 100 5/26/22?Thu5/11/22?Weddays? 12Wall?Retaining 99 6/9/22?Thu4/27/22?Weddays?32?Utilites?Site 98 4/18/22?Mon4/18/22?Monday?1?Out?Frost 97 11/22/22?Tue4/18/22?Mondays?159Sitework?2022 96 3/3/23?Fri2/20/23?Mondays?10(TBD)?Signage?Bu ilding?Exterior 95 2/20/23?Mon2/20/23?Mondays?0Business?for?Open 94 2/20/23?Mon2/16/23?Thudays?3in‐Move?Owner 93 2/10/23?Fri2/10/23?Friday?1Installation?Locker 92 2/10/23?Fri2/7/23?Tuedays?4(VW)?Furn iture?Benchmark 91 2/15/23?Wed2/10/23?Fridays?4Training?Owner 90 2/15/23?Wed2/3/23?Fridays?9?Punchlist 89 IDTask NameDurationStartFinish 140 Date: Mon 1/23/23Luther Park Place Motors Preliminary SchedulePage 4 Updated 1/23/2023 Construction Progress Schedule ace - RochesterLuther Park Pl ProgressProject SummarySummaryMilestoneTaskaJDecember 20233November 202October 2023September 202August 2023July 2023June 2023May 2023April 2023March 2023February 2023January 2023December 20222November 202October 2022September 202August 2022July 2022June 2022May 202212722171272272217127228231813832823181383292419149430252015105302520151053126211611612621161161272217127225201510531262 116116127221712722722171272282318138328231813832924191494302520151053025201510531262116116126 Light PolesLandscaping & Irrigation1st Lift AsphaltImport/Spread Class VGrade for SubgradeBackfill CurbsCurb & GutterClass V for CurbsGrade for CurbsIrrigation SleevesMass Grading (Import / Export)Site Demolition & Removals2nd Lift Asphalt & StripingLight PolesLandscaping & Irrigation1st Lift AsphaltImport/Spread Class VGrade for SubgradeBackfill CurbsCurb & GutterClass V for CurbsGrade for CurbsIrrigation SleevesAudi VW Pylon FoundationRetaining WallSouth Hydrant InstallMass Grading (Import / Export)Building Demolition 10/11/23?Wed10/5/23?Thudays?5Poles?Light 156 10/11/23?Wed9/28/23?Thudays?10Irrigation?&?Landscaping 155 9/27/23?Wed9/27/23?Wedday?1Asphalt?Lift?1st 154 9/26/23?Tue9/22/23?Fridays?3V?Class?Import/Spread 153 9/21/23?Thu9/19/23?Tuedays?3Subgrade?for?Grade 152 9/18/23?Mon9/15/23?Fridays?2Curbs?Backfill 151 9/14/23?Thu9/13/23?Weddays?2Gutter?&?Curb 150 9/12/23?Tue9/8/23?Fridays?3Curbs?for?V?Class 149 9/7/23?Thu9/6/23?Weddays?2Curbs?for?Grade 148 9/5/23?Tue9/1/23?Fridays?3Sleeves?Irrigation 147 9/5/23?Tue8/28/23?Mondays?7Conduits?and?Bases?Ligh ting?Site 146 8/25/23?Fri8/22/23?Tuedays?4Utilities?Site 145 8/21/23?Mon8/15/23?Tuedays?5Export)?/?(Import?Grading?Mass 144 8/15/23?Tue8/7/23?Mondays?7Removals?&?Demolition?Site 143 10/12/23?Thu8/7/23?Mondays?49Sitework?III?Phase 142 8/4/23?Fri8/4/23?Friday?1Striping?&?Asphalt?Lift?2nd 141 8/3/23?Thu7/28/23?Fridays?5Poles?Light 140 8/3/23?Thu7/21/23?Fridays?10Irrigation?&?Lands caping 139 7/20/23?Thu7/20/23?Thuday?1Asphalt?Lift?1st 138 7/19/23?Wed7/17/23?Mondays?3V?Class?Import/Spread 137 7/14/23?Fri7/12/23?Weddays?3Subgrade?for?Grade 136 7/11/23?Tue7/10/23?Mondays?2Curbs?B ackfill 135 7/7/23?Fri7/6/23?Thudays?2Gutter?&?Curb 134 7/5/23?Wed7/3/23?Mondays?3Curbs?for?V?Class 133 6/30/23?Fri6/29/23?Thudays?2Curbs?for?Grade 132 6/28/23?Wed6/26/23?Mondays?3Sleeves?Irrigation 131 7/3/23?Mon6/29/23?Thudays?3Foundation?Pylon?VW?Audi 130 6/28/23?Wed6/20/23?Tuedays?7Conduits?and?Bases?Lighting?Site 129 6/19/23?Mon6/6/23?Tuedays?10Pond)?(Stormwater?Utilities?Site 128 6/8/23?Thu6/6/23?Tuedays?3Wall?Retaining 127 6/5/23?Mon6/1/23?Thudays?3Install?Hydrant?South 126 5/31/23?Wed5/22/23?Mondays?8Export)?/?(Import?Grading?Mass 125 8/4/23?Fri5/22/23?Mondays?552023?S pring 124 4/12/23?Wed3/23/23?Thudays?15Demolition?Building 123 IDTask NameDurationStartFinish 141 Date: Mon 1/23/23Luther Park Place Motors Preliminary SchedulePage 5 Updated 1/23/2023 Construction Progress Schedule ace - RochesterLuther Park Pl ProgressProject SummarySummaryMilestoneTaskaJDecember 20233November 202October 2023September 202August 2023July 2023June 2023May 2023April 2023March 2023February 2023January 2023December 20222November 202October 2022September 202August 2022July 2022June 2022May 202212722171272272217127228231813832823181383292419149430252015105302520151053126211611612621161161272217127225201510531262 116116127221712722722171272282318138328231813832924191494302520151053025201510531262116116126 2nd Lift Asphalt & Striping 10/12/23?Thu10/12/23?Thuday?1Striping?&?Asphalt?Lift?2nd 157 142 Any work performed under an unless so made. Any claim made after this time may be refused and no claim will be valid or observance of conditions. Latent conditions are conditions not anticipated by the Special Conditions of this Contract. 20 Calendar days after such instruction within in writing must make claim for any extra cost incurred ENGINEERContract, extra cost under this requireconditions exist that other claims any instructions, latent conditions, or ENGINEERIf C. work.may not be entitled to compensation for the extra ENGINEERluntary and amendment signed by CITY may be deemed voin this Contract without a prior written identified amendment to the Contract. Any work performed beyond thatnsated for work performed in excess of the Total Contract Amount without a written, and fully executed, compemay not be ENGINEERmust notify CITY’s Authorized Agent in writing in a timely manner. ENGINEERContract, will exceed the Total Contract Amount stated in the Special Conditions of this ENGINEERIf it appears at any time that B. nsideration of Payment”.ARTICLE 3, “Copursuant to this Contract will be paid by CITY. Compensation will be in accordance with the Special Conditions, ENGINEERSubject to the provisions of the Special Conditions, all services performed and deliverables satisfactorily supplied by A. TERMS OF PAYMENT ARTICLE 4 will control. Minnesota Law supersedes any of the Special Conditions or General Conditions set forth in this Contract.nd these General Conditions, the Special Conditions To the extent of any inconsistencies between the Special Conditions a B. canceled or modified by the Special Conditions of this Contract.Any and all provisions of these General Conditions will remain in force unless they are specifically and deliberately A. ONSTERMS OF GENERAL CONDITI ARTICLE 3 .respectively Minnesota and Olmsted Countyproceedings arising out of this Contract will be in the applicable state or federal court with competent jurisdiction in Venue for all legal .ance with the laws of the State of MinnesotaThis Contract shall be governed by and construed in accord A. GOVERNING LAW, JURISDICTION, AND VENUE ARTICLE 2 and all conflict of interest rights against ENGINEER relative to this arrangement.CITY waives any inspection and observation services are being requested. of the public facilities for which constructionOwner contract authorizing the construction -CITY recognizes that ENGINEER provided services to the Owner under a City E. consistent with the approved civil construction plans for the Project.specifications and determine Contractor’s compliance with the construction of the Project consistent with City design Engineer shall furnish all materials, all necessary tools and equipment, and perform all work and labor necessary to D. .ovided in these General Conditionsas prschedule and final cost associated with such delays, believe the project will not be completed as scheduled. CITY’s Authorized Agent will have the authority to adjust the has reason to ENGINEEReasonably notify CITY’s Authorized Agent, in writing, if ’s responsibility to rENGINEERIt will be C. Agent.Authorized of such time extension will be determined by the CITY’s length in the Special Conditions of this Contract. The established Authorized Agent may extend the Work Completion Date, the CITY's ENGINEER’s control, and upon written request from ENGINEERFor delays encountered that are beyond B. .obligations set forth in this Contract have been fulfilledor until all This Contract will remain in effect until the Expiration Date set in the Special Conditions both parties. or upon execution and approval by date set in the Special Conditionslater of the This Contract will be effective upon the A. , OBLIGATIONSTERM OF CONTRACT ARTICLE 1 ONDITIONS C ENERAL G amendment to this Contract that has not been properly approved and executed by the parties will be performed at 143 .’s servicesENGINEERrequired by applicable law to perform standards, policies, and practicesAll current state 2. All current applicable federal, state, and local laws, ordinances, rules, and regulations. 1. comply with the following:shall ENGINEERThe .in the same discipline would in the same or similar circumstances professionalsor as other profession,, diligence, and skill prescribed in the code of practice of his or her careexercise the level of legal duty of a professional to Engineer shall maintain its ethical and , the Contract under this ENGINEERll services and deliverables provided by For a A. CONDITIONS OF PAYMENT ARTICLE 6 above. forthinvoices to follow the same form and contain the same information as set ’stnsultansub comust require ENGINEER D. prevails in a lawsuit. nsultantsub comust be awarded if the nsultantcosub , penalties for late payments, and defining costs the nsultant’ssub coof ENGINEERrequiring timely payment by must comply with Minnesota Statutes Section 16A.1245, ENGINEERContract, and sub consultant’sdocumentation in any e all the above supporting must includ ENGINEER, nsultantssub cois authorized by CITY to use or uses any ENGINEERIf C. This document should be cleared stated that it’s for informational purposes only. e invoice they forwarded to the city to the developer for informational purposes. must provide a copy of th ENGINEER 5. rate, regular and overtime hours, and the dollar amount charged to the project for each pay period.generated printouts of labor costs for the project must contain the project number, each employee's name, hourly Computer Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. b. hours worked, and total payment for each invoice period; andayroll cost breakdown identifying the name of the employee, classification, actual rate of pay, must include a p ThisDirect salary costs of employees' time directly chargeable for the services performed under this Contract. a. must provide, upon request of the CITY's Authorized Agent, the following supporting documentation: ENGINEER 4. cost. each direct . Supporting documentation must be provided in a manner that corresponds toENGINEERof the salary costs are any costs that are not the salaried costs directly related to the work -allocable to the work. Direct nonents to show that such costs are properly Contract, must be itemized and supported with invoices or billing documsalary costs allocable to the work under this Contract, and defined in the Special Conditions of this -Direct non 3. ort must be sent to the CITY's Authorized Agent for review and payment.The original of each invoice and progress rep 2. costs are new and that no previous charge for those services and deliverables has been included in any prior invoice.'s original signature attesting that the invoiced services and ENGINEERbusiness address, and address if different from Each invoice must contain the following information: CITY contract invoice number (sequentially numbered), billing 1. must satisfy the requirements listed below:st for the services performed and delivered for the billing period and coproject and the identify the should CITY. Invoices monthly to the CITY's Authorized Agent in the form prescribed by ENGINEERInvoices for payment must be submitted by B. ontract.Cnot properly performed in accordance with the prepared or the services were ’s presentation of invoices if they believe the progress reports were not properly ENGINEERdays of in writing within 30 ENGINEERCITY shall notify . Contractfor services performed in accordance with this reportsinvoices and progress properly prepared of ’s presentation ENGINEERPayments will be made by CITY within 30 days of A. PROCEDURE FOR PAYMENT ARTICLE 5 , and identified in Special Conditions, Article 3. current "Mn/DOT Travel Regulations"expenses in the same manner and in no greater amount than provided in the reimbursed for travel and subsistencebe may ENGINEERperformance of this Contract must not exceed the amount defined in the Special Conditions. as a result of ENGINEERReimbursement for travel and subsistence expenses actually and necessarily incurred by D. 's own risk.ENGINEER B.144 .Cwhich together shall constitute the same This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of D. understands it and agrees to be bound by its terms and conditions.read this Contract, has ENGINEERby the signature below of its authorized representative, hereby acknowledges that the , ENGINEERunderstandings, agreements or representations, oral or written, not specified herein regarding this Contract. There are no specific purpose given. change, if made, shall be effective only in the specific instance and for the of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or No waiver, consent, modification or change of terms ontract constitutes the entire agreement between the parties.CThis C. Conditions. with the basic purpose of this Contract and within the general Scope of Services identified in the Special be consistent . Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must ENGINEERof The work to be done in connection with this Contract may be changed at the request of CITY, with the mutual concurrence B. will be delayed in any way from completing the project under this Contract. ENGINEERCITY’s Project Manager in writing if must notify ENGINEERparties and officials who executed and approved the original Contract, or their successors in office. y the same evidenced by an amendment to this Contract. Amendments must be in writing and executed and approved bfor extra work or costs under this Contract that has been approved by the CITY's Authorized Agent must be ENGINEERo the work. Any written claim made by Work, entitled “Detailed Scope of Work,” and that are considered essential tAmendments to this Contract will be considered only for unforeseen work or services that were excluded in the Scope of A. AMENDMENTS, CHANGE ORDERS, MERGER, COUNTERPARTS, AND WAIVER ARTICLE 9 contract. nsultantsub cocontract and prior to work starting under the nsultantcosub execution of the ontracts must be sent to the CITY’s Authorized Agent afterc nsultantsub coA copy of any and all B. Contract.orming and delivering the work stated in this from perf ENGINEERdoes not relieve the nsultantssub co The. conditions of this Contractcontracts to contain all appropriate terms and nsultantsub comust require all ENGINEER A. SUBCONTRACTS ARTICLE 8 he services and deliverables specified in this Contract.responsibility for performance of tfrom the primary ENGINEERauthorization from the CITY's Authorized Agent. The written authority will in no way relieve may neither assign nor transfer any rights or obligations under this Contract without prior written ENGINEER A. ASSIGNMENT ARTICLE 7 , and to City Engineer or his designee.)s Project Managerother member identified a(Construction foremen or superintendent or communication shall be directly with Owner’s representativeNGINEER Eis not authorized to direct the work of Contractor, unless City is given such authority, in writing, by Owner. NGINEER E E. and/or deliverables described in this Contract for a sum not to exceed that is set forth in the Special Conditions.the services from its obligation to complete ENGINEERNothing in this Contract must be construed in any way to relieve D. Data for other purposes. ENGINEERextent of the CITY’s rights in such data, to use the exclusive license, to the -a non ENGINEERThe CITY grants use.for claims resulting from this re ENGINEERshall indemnify ’s deliverables in a manner beyond the scope of this contract, it ENGINEERterms of this Contract. If the CITY uses the work or as waiving the right of CITY to require the fulfillment of all of the been made or the restoration of any damaged from sole responsibility for services and deliverables upon which payments have ENGINEERnot be construed as relieving y progress payments made by CITY will become the sole property of CITY. This provision must All deliverables covered b C. regulations.will not receive payment for work performed in violation of federal, state, or local laws, ordinances, rules, or ENGINEER 145 reason, the terms and conditions of this Article shall survive. terminated for anyUpon completion of all services, obligations, and duties provided for in this Contract, or if this Contract is - Survival C. and CITY, they shall be borne by each party in proportion to its own negligence. ENGINEERconcurrent negligence of In the event claims, losses, damages, or expenses are caused by the joint or .including reasonable attorneys’ feesliability, costs, damages, and CITY are responsible for such ENGINEERto the extent the Minnesota Statutes Chapter 337, effect provided by Party, its officers and employees may hereafter sustain, incur or be required to pay to the fullwhich the Indemnified liable for in the performance of professional services required under this Contract acts they may be and anyone for whose negligent CITY and ENGINEERof negligent acts any liability, damages, and costs arising from thefrom the other (“the Indemnified Party”), Section 466.04, and hereby agrees to defend, indemnify, and hold harmlesscap on municipal tort liability under Minnesota Statutes subject to the CITY’sand to the extent provided by law omissions, errors and actsnegligent and CITY (the “Indemnifying Party”) shall be liable for its own ENGINEER - Indemnification B. liabilities in accordance with this Article.agree to allocate and limit such ENGINEERCITY and ’s fee for the Services, and in consideration of the promises contained in this Contract, ENGINEERof the project, and the al liabilities that may exist during the performance of the Services, the benefits Having considered the potenti - General A. LIABILITY ARTICLE 12 .ENGINEERliability to shall be done at CITY’s sole risk and without ENGINEERData without the written verification or adaptation by ENGINEERand any such reuse or modification of the ENGINEERdaptation by on any other project without written verification or aData are not intended or represented to be suitable for use or reuse by CITY on extension of the Project or ENGINEERsuch Data for the purposes set forth herein, subject to the following limitations: ENGINEERfree, irrevocable license to use such -assignable, royalty-exclusive, non-hereby grants to CITY a non ENGINEERData, ENGINEERcontain ENGINEERperformed by ), whether or not the Project is completed. To the extent the services ENGINEERhe of tdiscretion and the right of reuse at the shall retain an ownership and property interest therein (including the copyright ENGINEERENGINEERremain the property of ’s services shall ENGINEERand used to perform ENGINEERviously belonging or licensed to Data”) pre ENGINEERsoftware (“how and -D. Notwithstanding the above paragraphs, work papers, proprietary information, processes, methodologies, know for this Contract. ENGINEERPrior to final payment by CITY to Upon written notification by CITY. Contract.Upon written notice of completion or cancellation of this and other project data must be relinquished to CITY:photos, test results, work sheets, field notes, computations, drawings and plans; and legibly reproducible copies of tests, of reports, Unless otherwise directed by CITY, the originals C. .ENGINEERthe waives all claims against the CITY resulting in any way from any reuse of ENGINEERData for other purposes. ENGINEERlusive license, to the extent of the CITY's rights in such data, to use the exc-a non ENGINEERThe City shall grant the ontract. Cfor claims resulting from any reuse of such materials beyond the scope of this ENGINEERCITY will indemnify The must remit all such materials to CITY upon completion or cancellation of this Contract. ENGINEERproperty of CITY. the exclusive and are ’s servicesENGINEERare instruments of service in respect to of its obligations under this Contractin the performance ENGINEERby created and paid for , negatives, or other documentsAny reports, studies, photographs B. generated, or acquired in accordance with this Contract.to all data created, gathered, , appliesData Practices Act, Minnesota Statutes Chapter 13 Government he MinnesotaT A. DATA PRACTICES AND INTELLECTUAL PROPERTY ARTICLE 11 e laws.under this Contract in compliance with all applicable federal and statpermits, or other rights necessary to fulfill its obligations certifications, education, shall procure all licenses, ENGINEER A. COMPLIANCE WITH LICENSES, PERMITS, AND OTHER REGULATIONS ARTICLE 10 146 services, as well as from claims for for bodily injury, including sickness or disease, death, and for care and loss offrom claims for damages ENGINEERwill maintain insurance protecting ENGINEER Commercial Automobile Liability: Name CITY as an Additional Insured d. Blanket Contractual Liability c. Products and Completed Operations Liability b. Bodily Injury and Property Damage a. In addition, the following coverages should be included: annual aggregate -$1,000,000.00 b. per occurrence -$1,000,000.00 a. ’s insurance minimum amounts will be as follows:NGINEEREthis Contract, Unless otherwise specified within liability insurance shall be primary to any liability insurance maintained by the City. ’s ENGINEERr by anyone directly or indirectly employed under this Contract. o nsultantsub coor by a ENGINEERbe by damage including loss of use which may arise from operations under this Contract whether such operationsbodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property from claims for damages for ENGINEERwill maintain insurance protecting ENGINEER Commercial General Liability: .ENGINEERbe filed with the insurance shall nsultant‘sub cosinjury by disease aggregate; and $100,000.00 bodily injury by accident. Evidence of B, Employer’s Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily ments of CITY of Minnesota, and including Coverage Compensation insurance in accordance with the statutory requireto provide Workers’ nsultantsub cowill require the ENGINEERemployees and, in case any work is subcontracted, ENGINEERwill provide Workers’ Compensation insurance for all ENGINEER Insurance: Workers' Compensation .sub consultantsshall determine the appropriate level of insurance coverage and limits from its ENGINEER. sub consultantshall be responsible for obtaining separate certificates and endorsements for each ENGINEERThe loyees.and its emp ENGINEER for performed services byas is reasonable and necessary shall procure and maintain for the term of the Contract, insurance coverage ENGINEER must maintain and furnish satisfactory evidence of the following insurance policies: ENGINEER B. .day notice of cancellation-CITY a Each policy must contain a requirement that the insurer provide the . prior to execution of the Contract by CityAgent each type of insurance required under this Contract must be filed with the CITY’s Authorized A certificate of insurance for A. INSURANCE ARTICLE 15 This Article is hereby deleted. BONDS ARTICLE 14 .ENGINEERcontract with CITY may enter into a with Workers’ Compensation insurance coverage requirements must be presented to CITY before182, acceptable evidence of compliance be the obligation or responsibility of CITY. Pursuant to Minnesota Statutes 176.'s employees, or other person while so engaged on any of the work or services to be rendered, will in no way ENGINEERty as a consequence of any act or omission on the part of while so engaged, and any and all claims made by any third parclaims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons and all under this Contract, will not be considered employees of CITY. Any ENGINEERany work or services required by , or other persons while engaged in the performance of nsultantssub co, including its ENGINEERAny and all employees of A. WORKERS' COMPENSATION ARTICLE 13 property damage including loss of use which may arise from operations under this Contract whether such operations 147 For purposes of this Contract the term “day” means a calendar day of 24 hours. E. party of its inability to perform.carriers, provided the defaulting party gives written notice as soon as possible to the other or defaults caused by public taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, or delaysless the act or occurrence could have been reasonably foreseen and reasonable action could have been following, unNeither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the D. ’s services shall be adjusted equitably.ENGINEERthe scope, extent, or character of the Project; the time of performance of amounts of compensation provided for herein shall be subject to equitable adjustment. If CITY has requested changes in , the rates and ENGINEERcompleted are provided, and if such periods of time or dates are changed through no fault of services are to be If in this Contract specific periods of time for rendering services are set forth or specific dates by which C. reasonably be require for the completion of said services.’s obligation to render services hereunder will be for a period which may ENGINEERtract, services are specified in this Concontinuous progress of the Project though completion. Unless specific periods of time or specific dates for providing ’s services and compensation under this Contract have been agreed to in anticipation of the orderly and ENGINEER B. are suitable for their intended purpose.must be of such quality that they ENGINEERby . The services or deliverables provided to CITY ENGINEERcompensation resulting from errors and omissions on the part of work under this Contract and must make timely revisions or corrections without its acy ofresponsible for the accurwill be ENGINEERCITY will have the authority to disapprove or reject services or deliverables that are defective. A. DELIVERABLE STANDARDS ARTICLE 16 all insurance policies shall be open to inspection, and copies of policies may be requested.Authorized Agent, Upon written request by the CITY's . ENGINEERrequirements and retains all rights to pursue any legal remedies against is not in compliance with the insurance ENGINEERCITY reserves the right to immediately rescind this Contract if D. tter.VIII or be-Obtain insurance policies from an insurance company having an "AM BEST" rating of A 2. above; and Include legal defense fees in addition to its liability policy limits, with the exception of Professional Liability Insurance 1. must: ENGINEER C. Contract.'s professional services required under this ENGINEERactual or alleged negligent act, error, or omission related to will become legally obligated to pay resulting from any ENGINEERThis policy will provide coverage for all claims annual aggregate -$1,000,000.00 per claim -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERUnless otherwise specified within this Contract, Professional Liability Insurance: 6. Name CITY as an Additional Insured owned-Owned, Hired, and Non included:In addition, the following coverages should be per occurrence Combined Single limit for Bodily Injury and Property Damage -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERotherwise specified within this Contract, the Unless or by anyone directly or indirectly employed under this Contract. nsultantsub coor by ENGINEERwere by ARTICLE 17 148 a condition precedent to the institution of legal or equitable proceedings by either party. The mediation shall be binding mediation as -ny claim, controversy or dispute arising out of this Agreement shall be subject to nonA Mediation. A. DISPUTE RESOLUTION ARTICLE 21 .ENGINEERattention to these corrections to minimize any delays to the must respond to CITY's notice of any errors and/or omissions within reasonable time and give immediate ENGINEER D. liability for loss or damage resulting therefrom.of the responsibility for subsequent correction of any such negligent acts, errors, or omissions, or of ENGINEERrelieve Acceptance of the work by CITY will not 's errors, omissions or negligent acts. INEERENGloss or cost to repair or remedy will be responsible for any damages incurred as a result of its negligent acts, errors, or omissions and for any ENGINEER C. without additional cost to CITY.ese negligent acts, errors, or omissions without undue delay and such additional work as may be necessary to correct thmust promptly perform ENGINEERwork, the corrections of which may require any additional field or office work, its of is aware of any negligent acts, errors, or omissions made in any phase ENGINEERthe without additional cost to CITY. If additional work as may be necessary to correct these negligent acts, errors, or omissions without undue delay and will be promptly notified by CITY and will be required to perform such ENGINEERal field or office work, require additionin any phase of the work, the correction of which may ENGINEERIf negligent acts, errors, or omissions are made by B. clarification of any ambiguities.of the responsibility for subsequent correction of any errors or omissions or for INEERENGby CITY will not relieve 's negligent acts, errors, or omissions without additional compensation. Acceptance of the work ENGINEERresulting from work and must promptly make necessary revisions or corrections its will be responsible for the accuracy of ENGINEER A. ERRORS OR OMISSIONS ARTICLE 20 has been paid in full all amounts due for services, expenses and charges. ENGINEERdue under this Contract until hout incurring liability whatsoever to CITY, suspend services and withhold project deliverables or right against CITY and witmay, after giving seven days written notice to CITY, and without waiving any claim ENGINEER’s invoice, ENGINEERthe date of for services satisfactorily performed and expenses within thirty days after ENGINEERny payment due to If City fails to make a deliverables performed or delivered. will be entitled to payment, determined on pro rata basis, for services and ENGINEERevent of such cancellation . In the ENGINEERat any time, with or without cause, upon written notice to the This Contract may be canceled by CITY A. CANCELLATION ARTICLE 19 brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract., any fee, commissions, percentage, ENGINEERthan a bona fide employee working for company or person, other has not paid or agreed to pay any ENGINEER, to solicit or secure this Contract, and that ENGINEERworking solely for warrants that it has not employed or retained any company or person, other than a bona fide employee ENGINEER B. TY.without written consent from CIhave been at any time during the time period of this Contract in the employ of CITY, except retired CITY employees, must not employ any professional or technical personnel who are or ENGINEERt prior written consent of CITY, Withou A. OFFICIALS NOT TO BENEFIT ARTICLE 18 state of Minnesota.this Contract resulting from alleged antitrust violations, which arise under the antitrust laws of the United States and claims for overcharges as to services and deliverables provided in connection with ll assigns to CITY any and a ENGINEER A. ANTITRUST conducted in Olmsted County, Min 149 waive all rights to and claims for monetary awards other than compensatory damages.proceedings must be venued in Olmsted County, Minnesota. The parties filed by either party. The legal or equitableet., seq. Any claim, controversy or dispute not resolved by mediation may be the subject of legal or equitable proceedings nesota, and in accordance with the Minnesota Civil Mediation Act, Minn. Stat. 572.31, 150 INSR 151#S38902133/M38062641of 11Client#: 1869327LANDFPRO#S38902133/M38062641of 11Rochester, MN 55904201 4th Street SECity of RochesterRe: Park Place Motors - Rochester, MN 2720 Highway 52 North, Rochester, MN 55901of Subrogation per form CAT3530215Cancellation per for ILT3200519. Automobile: Blanket Additional Insured per form CAT4740216, Blanket WaiverCGD3790219. Waiver of Transfer of Rights Recovery Against Others to Us per form CG24040509, 30-day Notice ofGeneral Liability: Blanket Additional Insured and Primary and Non-Contributory per form CGD3810915 and5,000,00011/18/202311/18/202241OH041711922Professional LiabD1,000,0001,000,0001,000,000X11/18/202311/18/2022AFWCP10007235401XNC5,000,0005,000,00011/18/202311/18/2022CUP9T513542XXXB1,00 0,00011/18/202311/18/2022BA9T511665XXXXXE4,000,0004,000,0002,000,0005,000500,0002,000,00011/18/202311/18/20226809T507928XXXXXAMinneapolis, MN 55401105 5th Avenue S, Suite 513Landform Professional Services LLCMelissa.Haag@usi.com952-322-9072Melissa Haag612 509-1001Bloomington, MN 554378000 Norman Center Dr, Suite 400USI Insurance Services, LLC01/31/2023 Fidelity and Guaranty Insurance Co.Pacific Insurance Company LtdAccident Fund General Insurance CompanyTravelers Property Cas. Co. of AmericaTravelers Indemnity Company CERTIFICATE OF LIABILITY INSURANCE TM ACORD ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD© 1988-2015 ACORD CORPORATION. All rights reserved.CANCELLATIONCERTIFICATE HOLDERREVISION NUMBER:CERTIFICATE NUMBER:COVERAGESthis certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODACCORDANCE WITH THE POLICY PROVISIONS.THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NON-OWNEDPOLICYDESCRIPTION OF OPERATIONS below$E.L. DISEASE - POLICY LIMITIf yes, describe under$E.L. DISEASE - EA EMPLOYEE$E.L. EACH ACCIDENTERSTATUTEOTH-PER$$RETENTIONDED$AGGREGAT ECLAIMS-MADE$EACH OCCURRENCEOCCUR$(Per accident)AUTOS ONLY$PROPERTY DAMAGEHIREDAUTOS ONLYAUTOSAUTOS ONLY$BODILY INJURY (Per accident)SCHEDULEDOWNEDANY AUTO$BODILY INJURY (Per person)(Ea accident)$COMBINED SINGLE LIMITJECTLOCOTHER:PRO-$$PRODUCTS - COMP/OP AGGGEN'L AGGREGATE LIMIT APPLIES PER:$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)OCCURCLAIMS-MADEPREMISES (Ea occurrence)$DAMAGE TO RENTED$EACH OCCURRENCEOFFICER/MEMBER EXCLUDED?ANY PROPRIETOR/PARTNER/EXECUTIVE(Mandatory in NH)N / AY / NINSURER(S) AFFORDING COVERAGEAUTHORIZED REPRESENTATIVEDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)AND EMPLOYERS' LIABILITYWORKERS COMPENSATIONEXCESS LIABUMBRELLA LIABAUTOMOBILE LIABILITYCOMMERCIAL GENERAL LIABILITY(MM/DD/YYYY)(MM/DD/YYYY)TYPE OF INSURANCEPOLICY EXPPOLICY EFFPOLICY NUMBERINSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSUREDINSURER A :ADDRESS:(A/C, No, Ext):(A/C, No):PHONEFAXNAME:CONTACTPRODUCERDATE (MM/DD/YYYY)WVDINSRLTRSUBRADDL This page has been left blank intentionally.152 ArcMap reference drawing showing location of J5571 –Luther Park Place, Phase 2 153 Plan sheet showing scope of J5571 – Public Watermain & Hydrants to Serve Luther Park Place, Phase 2 M 154.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbup?fo?noitallatsni?eht?taht?erusneot?dengised?si?hcihw?,margorP?noitcurtsnoC?re nwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.sdradnatS?dna?snoitacificepSytiC ?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoisseforp?sedivorp?renwO?taht?tcartnocrenwO-ytiC?eht?yb?deriuqer?si?tI?.renwO?yb?diap?dna?,864,71$?fo?tnuoma?eht?ni?,)reenignE?gnitlusnoCsa(? ,noitaroproC?cetretnI?nuarB?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.tcejorp?siht?rof?ezilitu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfnicilbup?fo? ytilauq?eht?taht?gnirusne?elihw?tnempoleved?rof?enilemit?s'renwO?eht?etadommocca?lliw?tcartnocrenwO-ytiC?a?fo?esu?ehT?.)reenignE?ngiseD?sa(?,.cnI?,setaicossA?dna?nroH-yelmiK?dna?,)rotcartnoCsa(?,CLL? ,snoS?&?rednaloB?lraC?,)renwO?sa(?,cinilC?oyaM?:htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".WS?evA?dn2?raen?,WS?tSdr3?htaeneb?sedargpU?ytilitU?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,1855J?.oN?tcejorP?rof ?licnuoC?eht?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?tropeR.tcartnocrenwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?dna?tcartnoc ?eht?fo?noitucexe?s'noitaroproC?cetretnInuarB?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",WS?evA?dn2?raen?,WS?tS?dr3?htaeneb?sedargpUytilitU?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,1855J?.oN?tcejorP?ot?detale r?krow?rof?,864,71$fo?tnuoma?eht?ni?,noitaroproC?cetretnI?nuarB?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;noitatnemucodecnarusni?dna?dnob?etairporppa?eht?fo?noissimbus?s'rotcartnoC?dna?, slavorppa?nalptcejorp?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",WS?evA?dn2?raen?,WS?tS?dr3?htaeneb?sedargpUytilitU?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,1855J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gniz irohtuA:detseuqeR?noitcA???02.F1855J?.oN?tcejorP?-?WS?evAdn2?raen?,WS?tS?dr3?htaeneb?sedargpU?ytilitU?oyaMevreS?ot?stnemevorpmI?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNES ERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE P 155 1855J?.oN?tcejorP?-?WS?evA?dn2?raen?,WS?tS?dr3?htaeneb?sedargpU?ytilitU?oyaM?-?tibihxE1855J?.oN?tcejorP?-WS?evA?dn2?raen?,WS?tS?dr3?htaeneb?sedargpU?ytilitU?oyaM?-?tcartnoC?secivreS?lacinhceT?l anoisseforP1855J?.oN?tcejorP?-?WS?evA?dn2?raen?,WS?tS?dr3?htaeneb?sedargpU?ytilitU?oyaM?-?tcartnoC?renwO-ytiC:stnemhcattA redeilttiM?elyK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN :)s(noitcA?evitanretlA.tcartnoc?secivres?lacinhcet?lanoisseforp?eht?ot?gnidroccasecivres?rieht?rof?reenignE?gnitlusnoC?gnitasnepmoc?ni?esu?rof?ytiC?ot?tnemyap-erp?edivorp?lliw?renwOdna?,tcartnoc?renw O-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?diap?sah?renwO?,stcartnoc?eht?yb?deriuqer?sA:tcapmI?ecruoseR?&?lacsiF.tcejorp?siht?rof?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?r oir 1 156 elements. the of design the evaluating of the for designees its and City the to available Report said of the make to obligated is Owner Project. the for )”Report“ (hereinafter Report Geotechnical a to )”Professional Geotechnical“ (hereinafter corporation Minnesota a ,Engineering Testing Inc.American of services professional the retained document separate by has Owner b) out. close including Project elements work the of coordination all for responsible is The Project. the for as serve will ,, Mayo ClinicJack Rol representative, s’Owner a) .OBLIGATIONS SPECIFIC S’OWNER I. follows: as and City agreed mutually hereby is it THEREFORE, NOW, Specifications. Design Standard s’City the to adherence and Plans) (hereinafter the for Plans Construction Civil approved the with compliance full including conditions and terms the to and herein), noted specifically otherwise and cost own its at Contractor, utilizing Project, the for work improvements public the to permission Owner grant to is City 3) .”“ the as to referred hereinafter and ,’A‘ attached as reference for depicted sheets plan the ,”81J55 – nd rd 3Utility Upgrades beneath Mayo Serve to Improvements “Public as to referred generally Engineer, Design by prepared specifications and plans approved the with consistent ,Ave SW nd St SW and 2 rd area of 3 the abutting or within lying easements public or way-of-right public the within work other or infrastructure public construct expense, own its at to, permission requesting is Owner 2) Ave SW nd St SW, near 2 rd utility improvements beneath 3Mayo has programmed Owner 1) THAT WITNESSETH, agreement. this of conditions and terms the under the as to referred be collectively hereinafter shall Engineer Design and Contractor Owner, together and ),”Engineer Design“ as to referred (hereinafter corporation Minnesota a ,Horn and Associates- and ,referred to as “Contractor”)(hereinafter , a Minnesota limited liability company, dba Carl Bolander & Sons Company& Sons, LLC Carl Bolander and )”Owner“ as to referred (hereinafter corporation profit-non Minnesota a Clinic, Mayo and ),”City“ as to referred (hereinafter corporation, municipal Minnesota a Rochester, of City the ,3202 , of day this made AGREEMENT, THIS CONTRACT OWNER-CITY 2 157 City. the within projects other to opportunity the Owner for basis aas usedbe may Contract, thisin forth set obligations Owner’s the to pertains it as ,agreement this by required everything do to h) services utility private the of installation of commencement to prior Works from required are inspection(s) and permit(s) connection utility separate that and Contract this of part NOT are development this of part as constructed being connections service water & sewer sanitary private all that acknowledges Owner g) .NA, as it relates to this Contract .Charges Development f) concerns. any to designee or Engineer City the with directly communicate shall Owner s’Engineer Oversight & Observation regarding concerns any has Owner event the In Project. the to duties its performing Engineer Oversight & Observation with interfere or direction work not shall Owner e) City. by paid and verified, claimed, been have Engineer Oversight & Observation by incurred expenses applicable all that confirmation s’City upon difference net the payment, initial made who representative s’Owner reimburse will City Owner, from collected and above specified amount the than less are City, by approved and Engineer Oversight and Observation by documented as Project, the for expenses oversight and observation the event the In .August 15, 2023 by completed being the for elements work the to Project, the for oversight and observation construction to obligation financial other no have shall Owner Engineer. Oversight & Observation by performed be to are that the for services oversight and observation to obligation financial s’Owner representing .0046817,$ of amount the City to pay shall representative s’Owner Contract, this of execution s’Owner with Concurrent Project. the for oversight and observation construction to arrangement, separate a City, by retained been has )”Engineer Oversight & Observation“ as to referred (hereinafter corporation Minnesota a ,Braun Intertec Corporation d) elements. work the of completion in delay the of result a as corporation, Minnesota a ,Braun Intertec Corporation by oversight and observation additional to City the by incurred costs additional for City reimburse to obligated be may Owner and Contract, the to Addendum an to City by required be may Contractor and Owner ,August 15, 2023 by completed not are elements work the event the In etc). soils, weather, to (due conditions any and provisions, or requirements or State or conditions, development Ordinances, City the of requirements or Property, or the to City and Owner, the agreement other any or Agreement, Development the of intent or conditions the fulfill to required be may that work of scope any including costs, construction all for pay shall Owner Additionally Specifications. Design Standard City with adherence in and Plans approved the with consistent manner ain and ,August 15, 2023 by elements work all of completion s’Contractor the shall Owner c) 3 158 require. may safety public the as times such at and places all at danger keep and injuries, public the to necessary precautions all take to agrees Contractor b) services. utility private the of installation of commencement to prior Works from required are inspection(s) and permit(s) connection utility separate that and Contract this of part NOT are project development this of part as constructed being connections service water & sewer sanitary private all that acknowledges Contractor subcontractor. any of approval delay or condition withhold, unreasonably not shall City addendum(s). contract owner approved-City subsequently any on based be may they as and specifications, and Plans approved the on based and elements, work the shall Contractor documents. contract the by required everything do to and Plans, the intospecifications incorporated andengineering standards Rochester of City year with compliance in and Engineer, City the by approved Plans with accordance in described the of construction the in necessary labor and work the all and do to and equipment, and toolsnecessary all materials, all toand covenants hereby Contractor a) .OBLIGATIONS SPECIFIC CONTRACTOR III. drawings. and such in data technical the in identified been have that Property the to adjacent or at any, if conditions, environmental hazardous to drawings and (2) and drawings, and such in data technical the in identified been have that Property the at structures subsurface or existing to conditions physical of drawings all and Property the to adjacent or at conditions subsurface of tests and explorations of (1) all: carefully has it states Contractor d) Project. the in included elements work its of performance and progress, cost, affect may that regulations and laws all to as satisfied with familiar is it states Contractor c) Project. the in included elements work its ofperformance and progress, cost, affect may that conditions Property and local, general, the to as satisfied is and with, familiar become has areas, adjacent the and Property the of examination visual alert and thorough a conducted Property, the has it states Contractor b) Project. the to items reference and data other all and specifications, design City plans, construction civil Contract, the carefully and examined has it states Contractor a) .REPRESENTATIONS S’CONTRACTOR II. fee. recording and preparation document standard a Citypay shall and easements, said for professional), qualified a by (prepared and description legal a City shall Owner Owner.by Contract this of execution with concurrent City, to cost no at easements, all dedicate shall Owner Project, the for infrastructure public all for dedicated been previously have way-of-right and easements, utility & drainage public all Unless i) 4 159 designee. his or Engineer City the of discretion the at be only shall This/These plugs lines.sewer Cityexisting to linessewer sanitary new of connection to prior Engineer City the by designated location(s) a at sewer a will Contractor applicable, Where .Lines Sewer (4) elements. work specific those to licensed subcontractors and contractors by performed be shall elements work All Contract. this under performed work for for have may Contractor claims all and any from harmless City the hold shall and agrees Contractor Contract, this of execution By 574.26. Stat. Minn. violated has City the claim later not may and Contract this of terms the under Contractor by performed elements work all forContractor to s’Owner guarantee to adequate is determines it form a in and amount an in Owner the from surety obtain shall Contractor Contract, Owner-City this under work performing of condition a As (3) period. maintenance s’Contractor the covering date effective an with and amount, same the in bond maintenance a provide also shall Contractor period, maintenance year-one s’Contractor of expiration the until and full force inremain they that face their on state not do bonds the If (2) respectively. materials, and labor the for claims all of and specification and plans the with accordance in contract the of performance the guarantee shall and Statutes, Minnesota by required as conditioned be shall bonds Said contract. this of the for materials and labor furnishing all of the for bond theand City, of use the for bond performance the ithw 68,582.00$ least at of sum total the in be shall bond Each Minnesota. of State the in business do to authorized surety a and itself by executed bonds and performance City, to shall Contractor contract, this under work any of commencement to Prior (1) Contractor. the by performed be to work improvements public the of cost estimated the represents accurately that City the to acceptable form a in and amount an in surety shall Contractor .Contractor from Surety d) interests. its to necessary determines it that action legal other such take may City The (4) elements; required the of completion for bond performance the action take and agents the may City (3) Contractor;the with contracts future withhold may City (2) completed; are elements outstanding the as time such until building of issuance the withhold will City the that indicating noncompliance of affidavit an record may City (1) following: the to not but including appropriate, deem may it course legal whatever items outstanding the to action take may City schedule, this completed within been not have work elements s’Contractor event the In .days working 15 Project, the for Plans Construction Civil approved the within improvements public all complete shall Contractor work elements, commencing specific Upon .August 15, 2023 by before or on City, the of satisfaction the to contract, this to are that items warranty for except elements, work its of all complete shall Contractor The Date. Completion c) 5 160 City. the infrastructure within public for services engineering other to opportunity the Engineer Design for basis a as used be may Contract this by required everything do to d) Engineer. City the to acceptable format a in City the to providedbe shall drawings record Said elements. critical and infrastructure public all for drawings record shall Engineer Design c) $1,000,000.00. than not less be shall coverage minimum aggregate The Project. the to drawings record and preparation, specification and plan its of all for Insurance Omissions & Errors maintain shall Engineer Design b) circumstances. or same in the would discipline same the in professionals other as or profession, her or his of practice of code the in prescribed skill and diligence, care, of level the exercise to professionala of duty legal and its maintain shall Engineer Design its of performance In .Care of Standard a) OBLIGATIONS. SPECIFIC S’ENGINEER IV. City. the within projects public improvement other construct to the opportunity denying Contractor for basis a as usedbe may agreement thisby required everythingdo to (6) maintenance such insurance maintain shall event any in and certificate, original the on indicated date expiration the to prior certificate new a shall Contractor maintenance the of end the to prior expire shall policy the indicates certificate insurance any If terminate. or cancel to s intention’insurance company of the noticewritten ’days thirty to is Rochester of City described, above insurance any of termination or cancellation of event the in that indicating endorsed be shall insurance of policies All requirements. Approvals and Inspections Contract Owner City the of provisions the by abide and of aware are subcontractors its that ensure also shall Contractor Clerk. City the with filed are effect this to certificates that and above, forth set as compensation insurance, s’worker and automobile maintain subcontractors such that and determine to Contractor of responsibility the be shall it subcontractors, Contractor by done be shall contract this by contemplated work the of a or all that event the In compensation. ’ for effect in is insurance indicating certificate a Clerk City the with file also shall Contractor City. the by maintained insurance liability any to be shall insurance liability s’Contractor Clerk. Citythe with automobile insurance such ofcertificates or certificate a file to and insured, additional an as Rochester of City the naming $500,000, least at of limits damage property and $1,500,000/$3,000,000 least at of limits injury bodily with contract this of performance the in vehicles all on insurance maintain to and vehicles their on insurance maintain to agree Contractor Clerk. City the with insurance, such of certificate a or insurance, of policy such file and $500,000, least at of limits damage property and $1,500,000/$3,000,000 least at of limits injury bodily with insured, additional an as Rochester of City the naming policy insurance liability a warranty and maintenance its than less not duration a for maintain and shall expense, own its at Contractor, Insurance. (5) 6 161 purpose. any for interest ofconflict a createOversight Engineer, & Observation and Engineer by provided services that claim to right any waive and relationship this understand Owner and City Services. Professional for Contract separate a under City the to and Owner the to services professional to required be may Engineer Oversight & Observation and Engineer facilities public these of construction the For INTEREST. OF CONFLICT X. hereunder. performed be to work the and contract this to applicable regulations and ordinances all with together laws, local and state federal, all with comply to employees and agents its cause and comply shall Engineer Design Contractor, Owner, contract, this by authorized work the of performance and administration the with connection In COMPLIANCES. IX. City.of responsibility or obligation the be way no in shall agreement this under services or work any in while employees s’party any of part the on omission or act anyand claims such all and any and or membership retirement coverage, security social benefits, insurance unemployment coverage, compensation s’worker to, not but including, whatsoever, any for City the of employees considered be notshall for hereinprovided or requiredservices or work any of performance the in said by employed all and contractors independent are Engineer Oversight & Observation and Engineer, Design Contractor, Owner, that all by agreed and understood expressly is It CONTRACTOR. INDEPENDENT VIII. City. the by approved schedule a correction or completion as identified work such shall made, being is claim warranty a thator accepted, not been has orspecifications City with accordance in constructed been not has thereof, a or Project, the that agent, its or City the from notice receiving after days 14 within Contractor, or / and Owner .ACCEPTANCE-NON VII. obligations. ’ remaining the of completion the of independent work s’Contractor or s,’Engineer Design s,’Owner the accept may Engineer City Exhibit). attached on the reference forprovided is Acceptance (an Acceptance City separate a of execution s’Engineer City the by memorializedbe shall work the ofAcceptance s’City Contract. this by established duration the for contract this to pursuant installed and furnished materials and done work all of stability the maintain to agrees and guarantees Contractor that except Owner, the of deeds or acts any City the of property the become shall elements the City, the by accepted When City. by accepted subsequently is and Engineer Oversight & Observationby certified is work such untilelements of themaintenance the for responsibility no City .OWNERSHIP MAINTENANCE, ACCEPTANCE, CITY VI. schedule. and control, scope, to Project, the on work commencing to prior held be shall representative s’City the and Engineer, Oversight & Observation Engineer, Design Contractor, Owner, the site-on An Engineer. City the with file on are the for specifications and plans approved the andapproved been have PlansGrading and construction plans civil the until the on commencenot shall Work reference. by herein incorporated are which of all execution, contract of time the at effect in Construction and Street for Standards s’Rochester of City the and specifications, and plans approved the Contract, this of forth set fully if as extent same the to hereof part a made are which Project, the for documents contract The DOCUMENTS. CONTRACT V. 7 162 consultants.-sub and/or staff own itsof use the manner workmanlike and professional a in work required the to obligated is and Contract this of terms the by bound is it that acknowledges Contractor parties. all by signed amendment Contract formal and Engineer City the of prior the herein identified Contractor substitute not shall Owner .SUBSTITUTION XV. Contract. this of expiration or termination the will clause this contrary, the to Agreement this in provision any Notwithstanding Agreement. this of terms the of any to challenge legal a with associated delays administrative or development any avoid to wish All forth set not statement or representation any upon relied not has (d) and stated asthem accept to decision the made has and terms of those significance the appreciates terms, its of all understands and read has (c) Contract; this before attorney an to and conditions, and terms s’Contract this consider to time of amount sufficient a had has (b) appropriate; deems he/she/it as legal with consultation such with volition own his/her/its of willingly and voluntarily knowingly, Contract this executes and into enters (a) he/she/it: that acknowledge Engineer Design and Contractor, Owner, the Contract, this executing By .CONCURRENCE XIV. given. specific the for and instance specific the in only effective be shall change or modification, consent, Such parties. both by signed and in unless party either bind shall Contract this of terms of change or modification, consent, no Furthermore, specified not representations or agreements, understandings, or oral no are There representations. and agreements, understandings, negotiations, priorall supersedes instrument This upon. agreed terms the of statement exclusive and complete the and agreement, ’ the of expression final the constitutes Contract This . XIII. provision. other any or that of City the by waiver a constitute not shall contract this of provisions any to City the of The . XII. fee. s’including attorney these of costs all reimburse to agrees Engineer Design The agreement. this under employees or subcontractors, its or Engineer Design The of activities negligent the of out or from resulting or suits, all from employees and officers, officials, its City, the harmless hold and indemnify to agrees Engineer Design The fees. attorney’s including these defending in costs all pay and defend to agrees Contractor The agreement. this under employees or subcontractors, its or Contractor the of activities tortious otherwise or negligent the of out or from resulting nature whatsoever of or suits, all from employees and officers, officials, its City,the harmless holdand indemnify to Contractor The fees. s’attorney including these defending in costs all pay and defend to agrees Owner The agreement. this under employees or agents who are not parties to this Agreement, its Owner, the of activities tortious otherwise or negligent the of out or from resulting nature whatsoever of or suits, all from employees and officers, officials, its City, the harmless hold and defend to agrees Owner The .HOLD HARMLESS XI. 8 163 Follow\] \[Signature Pages Contract. this to pursuant completed be to the to apply shall Contract Construction the of terms the that agree Owner and Contractor Contract. Construction the to pursuant completed be to Work the of part is the that agree Contractor and Owner The .CONTRACT CONSTRUCTION XIX. City. the from to Notice a received has Contractor the and approved, are Plan and Plans Construction the executed, fully are documents Contract the time such untilcommence not shall contract this under Work .WORK OF COMMENCEMENT XVIII. Minnesota. of State the of lawsthe with accordance in construed and by governed be will Agreement This .LAW GOVERNING XVII. Instrument. same the and one constitute to deemed be shall together taken counterparts such all and pages, signature separate on hereto different the by counterparts of number any in executed be may Contract This .COUNTERPARTS IN EXECUTION XVI. 9 164 3202 , Dated Clerk City Geistler, K. Kelly 3202 , Dated MayorNorton, Kim BY corporation municipal Minnesota a ,MINNESOTA ROCHESTER, OF CITY CITY: forth. set hereinabove year and day the on executed duly be to agreement this caused have hereto respective parties the WHEREOF, IN 10 165 Public Notary corporation. profit-non the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and corporation, profit-non a Clinic,Mayo of the , by ,3202 , of day thisme before acknowledged was instrument The SS ) OLMSTED) OF COUNTY MINNESOTA) OF STATE Its: By: corporation profit-non a Mayo Clinic, OWNER: 11 166 Expires:Commission My County: Public Notary corporation. profit-non said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code) (Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before, 3202 , of day this On OF COUNTY STATE OF OWNER FOR SIGNATURE AUTHORIZATION CORPORATION PROFIT-NON OFACKNOWLEDGEMENT 12 167 Public Notary .company the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and ,liability company, dba Carl Bolander & Sons Company, a Minnesota limited & Sons, LLC Carl of the , by ,3202 , of day this me before acknowledged was instrument The ) OF COUNTY SS ) ) OF STATE Its By Bolander & Sons Companylimited liability company, dba Carl a Minnesota ,Carl Bolander & Sons, LLC CONTRACTOR: 13 168 My Commission Expires: Notary Public company. es said instrument for and on behalf of the limited liabilitythat he/she hereby execut to execute the attached instrument for and on behalf of the limited liability company, and indicated the he/she is authorized under the articles of organization or operating agreement City & State) (Zip Code)( ___________________________, _______________, a limited liability company, who has (Name of Company), (Address) ________________________________, _____________________________________ (Title) sworn, did say that he/she is the ______________________________, of (Name of Officer) _________________________, to me personally known, who being by me duly , before me3On this _________________ day of ____________________, 202 COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE FOR CONTRACTOR ACKNOWLEDGEMENT OF LIMITED LIABILITY 14 169 55901 MNRochester, 100 SuiteNW,ParkwayRiverWest4001WorksPublic Rochester by: draftedwas documentThis Public Notary corporation. the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and corporation, a ,Horn and Associates, Inc.-Kimley of the , by ,3202 , of day thisme before acknowledged was instrument The ) OLMSTED OF COUNTY ss. ) ) OF STATE _ Its By corporation a ,Horn and Associates, Inc.-Kimley ENGINEER: DESIGN 15 170 Expires:Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code)(Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before, 3202 , of day this On OF COUNTY STATE OF FOR DESIGN SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 16 171 81J55 for Plan Construction of drawing Reference A EXHIBIT 17 172 Acceptance of Certification Engineer’s of Example Blank B EXHIBIT Page | 1 August 15, 2024 April 1,2023 4210 Highway 14 East Rochester, MN 559044210 Highway 14 East Jesse Gamst Jesse Gamst Jesse Gamst J5581 2nd Ave Utility Upgrades 173(Signature Page Follows)IN WITNESS WHEREOF, the parties have executed this contract intending to be bound. Expiration Date:Effective Date:attached hereto and incorporated herein.manner consistent with the Special and General Conditions and any other conditions which are NOW, THEREFORE it is agreed that ENGINEER will perform the work under this Contract in a and agrees to perform all services described in this Contract consistent with City Spec. 1014.3.WHEREAS, ENGINEER represents that it is qualified (per qualification in City Spec. 1014.3) services as described herein; andWHEREAS, CITY does not have available necessary and / or qualified personnel to conduct the Email:City:Street:Name:(“ENGINEER”); aThis Contract is between the City of Rochester, MN(City) and Accounting Information:Project Number:City Owner Project Title:TECHNICAL SERVICESCONTRACT FOR PROFESSIONAL Page | 2 174 Michael Spindler-Krage, City Attorney Date: Approved as to Form & Execution:Kelly K. Geistler, City ClerkAttest: Date: Kim Norton, MayorBy: Date: CITY OF ROCHESTER\[Notary Seal\]Notary Public who is authorized and who signs on behalf of the a by the of This instrument was acknowledged before me this day of , 20 Title: By: Date: ENGINEER Page | 3 175 My Commission Expires: County: Notary Publicof said instrument to be the free act and deed of said corporation. (Name of Officer)of Directors; and that said _________________________ acknowledged executioninstrument was executed on behalf of said corporation by authority of its Board (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 On this _________________ day of ____________________, 20_____, before me COUNTY OF __________________STATE OF ____________________AUTHORIZATION SIGNATUREACKNOWLEDGEMENT OF CORPORATION SPECIAL CONDITIONS 17,468507-923-6304Testingand Observations Observations and TestingEast14 Highway 4210 507-923-6304Jgamst@braunintertec.comProject ManagerJesse Gamst 202415, August 1,2023April 176 submitted for payment by the Engineer.services and deliverables are acceptable and satisfactory, the CITY’S Authorized Agent will certify each invoice CITY’S Authorized Agent will have authority to accept or reject ENGINEERs services and deliverables. If such Responsibility: Project Mngr. mbaker@rochestermn.govEmail: Phone: (507)-328-2427Title: Land Development Mgr.Street S.E., Rm 108, Rochester, MN55904 th Address: 201 4Name: Mark BakerCITY’S Authorized Agent, or Project Manager will be: CITY’S AUTHORIZED AGENT / PROJECTMANAGER ARTICLE 5ENGINEER shall notify the CITY if any change in Key Personnel occurs during the contract term.Responsibility:Email:Phone:Address:Title:Name:ENGINEER Key Personnel:ARTICLE 4 AMOUNT:TOTAL CONTRACT$ As RequiredAs RequiredOther Activities as directed by Engineer or CityAs RequiredAs RequiredWarranty InspectionsAs RequiredAs RequiredProject ManagementProject Administration – PreCon, Record DWGs, 100%Full Timeand Stormwater ConveyancesStormwater Facilities – Public Ponds 25%Part TimeManagementSite Erosion and Sediment Control (ESC) - Site 100%Full Timeand pavingAll required stage testing of piping, subgrade,base 100%Full TimeConcrete street placement100%Full TimeBituminous wear placement100%Full TimeBituminous non-wear100%Full Time100%Full TimeCurb & Gutter string line check / verification50%Part TimeCurb and Gutter Preparation100%Full TimeAggregate Base compaction / proof roll test50%Part TimeAggregate Base Placement100%Full TimeStreet Subgrade Preparation /Compaction100%Full TimeUnderground Utility Work and Trench Compaction25%Part TimeGeneral Site Grading & Excavation25%Part TimeSite Clearing & Grubbing Time (%)Level of InspectionActivity hourly, fee schedule basis, for the following items:Consideration for all services performed by ENGINEER, as defined by this contract, will be paid by CITY on an CONSIDERATION OF PAYMENT ARTICLE 3C.General Conditions:Attach General Conditions document.B.Construction Schedule:Attach Construction schedule breakout from CONTRACTOR.A.Detailed Scope of Work:Attach Task / Scope List from ENGINEER.SCOPE OF WORK ARTICLE 2Expiration Date:Effective Date:TERM OF CONTRACT ARTICLE 1 Client:177 2nd Ave SW Watermain Observations and Testing QTB173256 Project Proposal 03/09/2023 12:39 PMPage 1 of 1$17,468.00Phase 1 Total:$1,500.00150.00Hour10.00Project Manager 226$248.0062.00Hour4. 00Project Assistant 238 Project ManagementActivity 1.2$525.00175.00Hour3.00Senior Engineer 128$450.00150.00Each3.00Moisture Density Relationship (Standard), per sample 1318$225.0015.00Each15.00CMT Trip Charge 1861$900.0015.00Each60.00Nuclear moisture-density meter charge, per hour 1308 60.004.00Days15.00Watermain TestingExtensionUnitsQtyWork Activity Detail$3,720.0062.00Hour60.00Compaction Testing - Nuclear 207 90.006.00Trips15.00ExtensionUnitsQtyWork Activity Detail$9,900.00110.00Hour90.00Watermain Observations 206$15,720.00Soil Observations and TestingActivity 1.1Construction and Materials TestingPhase 1Unit PriceUnitsQuantityDescription$17,468.00Proposal Total:TestingObservations and Construction Materials 328-2400) 507(55901Rochester, MN 100 West River Pkwy NW, Suite 4001City of Rochester55902Rochester, MN nd Street SW2nd Ave SW and 2 Work Site Address:Service Description: 2nd Ave Utility Upgrade - Master Schedule WaterproofPour pilastersKellen Shut Down To take place after this.178 201816141210864231292725232119171513119753129272523211917151311975313028262422201816141 21086423028262422201816141210864231292725232119SFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSFWMSTTSAugustMarchJulyJuneMayApril2023 Printed: 1/26/2023 179 Any work performed under an unless so made. Any claim made after this time may be refused and no claim will be valid or observance of conditions. Latent conditions are conditions not anticipated by the Special Conditions of this Contract. 20 Calendar days after such instruction within in writing must make claim for any extra cost incurred ENGINEERContract, extra cost under this requireconditions exist that other claims any instructions, latent conditions, or ENGINEERIf C. work.may not be entitled to compensation for the extra ENGINEERluntary and amendment signed by CITY may be deemed voin this Contract without a prior written identified amendment to the Contract. Any work performed beyond thatnsated for work performed in excess of the Total Contract Amount without a written, and fully executed, compemay not be ENGINEERmust notify CITY’s Authorized Agent in writing in a timely manner. ENGINEERContract, will exceed the Total Contract Amount stated in the Special Conditions of this ENGINEERIf it appears at any time that B. nsideration of Payment”.ARTICLE 3, “Copursuant to this Contract will be paid by CITY. Compensation will be in accordance with the Special Conditions, ENGINEERSubject to the provisions of the Special Conditions, all services performed and deliverables satisfactorily supplied by A. TERMS OF PAYMENT ARTICLE 4 will control. Minnesota Law supersedes any of the Special Conditions or General Conditions set forth in this Contract.nd these General Conditions, the Special Conditions To the extent of any inconsistencies between the Special Conditions a B. canceled or modified by the Special Conditions of this Contract.Any and all provisions of these General Conditions will remain in force unless they are specifically and deliberately A. ONSTERMS OF GENERAL CONDITI ARTICLE 3 .respectively Minnesota and Olmsted Countyproceedings arising out of this Contract will be in the applicable state or federal court with competent jurisdiction in Venue for all legal .ance with the laws of the State of MinnesotaThis Contract shall be governed by and construed in accord A. GOVERNING LAW, JURISDICTION, AND VENUE ARTICLE 2 and all conflict of interest rights against ENGINEER relative to this arrangement.CITY waives any inspection and observation services are being requested. of the public facilities for which constructionOwner contract authorizing the construction -CITY recognizes that ENGINEER provided services to the Owner under a City E. consistent with the approved civil construction plans for the Project.specifications and determine Contractor’s compliance with the construction of the Project consistent with City design Engineer shall furnish all materials, all necessary tools and equipment, and perform all work and labor necessary to D. .ovided in these General Conditionsas prschedule and final cost associated with such delays, believe the project will not be completed as scheduled. CITY’s Authorized Agent will have the authority to adjust the has reason to ENGINEEReasonably notify CITY’s Authorized Agent, in writing, if ’s responsibility to rENGINEERIt will be C. Agent.Authorized of such time extension will be determined by the CITY’s length in the Special Conditions of this Contract. The established Authorized Agent may extend the Work Completion Date, the CITY's ENGINEER’s control, and upon written request from ENGINEERFor delays encountered that are beyond B. .obligations set forth in this Contract have been fulfilledor until all This Contract will remain in effect until the Expiration Date set in the Special Conditions both parties. or upon execution and approval by date set in the Special Conditionslater of the This Contract will be effective upon the A. , OBLIGATIONSTERM OF CONTRACT ARTICLE 1 ONDITIONS C ENERAL G amendment to this Contract that has not been properly approved and executed by the parties will be performed at 180 .’s servicesENGINEERrequired by applicable law to perform standards, policies, and practicesAll current state 2. All current applicable federal, state, and local laws, ordinances, rules, and regulations. 1. comply with the following:shall ENGINEERThe .in the same discipline would in the same or similar circumstances professionalsor as other profession,, diligence, and skill prescribed in the code of practice of his or her careexercise the level of legal duty of a professional to Engineer shall maintain its ethical and , the Contract under this ENGINEERll services and deliverables provided by For a A. CONDITIONS OF PAYMENT ARTICLE 6 above. forthinvoices to follow the same form and contain the same information as set ’stnsultansub comust require ENGINEER D. prevails in a lawsuit. nsultantsub comust be awarded if the nsultantcosub , penalties for late payments, and defining costs the nsultant’ssub coof ENGINEERrequiring timely payment by must comply with Minnesota Statutes Section 16A.1245, ENGINEERContract, and sub consultant’sdocumentation in any e all the above supporting must includ ENGINEER, nsultantssub cois authorized by CITY to use or uses any ENGINEERIf C. This document should be cleared stated that it’s for informational purposes only. e invoice they forwarded to the city to the developer for informational purposes. must provide a copy of th ENGINEER 5. rate, regular and overtime hours, and the dollar amount charged to the project for each pay period.generated printouts of labor costs for the project must contain the project number, each employee's name, hourly Computer Signed time sheets or payroll cost breakdown for each employee listing dates and hours worked. b. hours worked, and total payment for each invoice period; andayroll cost breakdown identifying the name of the employee, classification, actual rate of pay, must include a p ThisDirect salary costs of employees' time directly chargeable for the services performed under this Contract. a. must provide, upon request of the CITY's Authorized Agent, the following supporting documentation: ENGINEER 4. cost. each direct . Supporting documentation must be provided in a manner that corresponds toENGINEERof the salary costs are any costs that are not the salaried costs directly related to the work -allocable to the work. Direct nonents to show that such costs are properly Contract, must be itemized and supported with invoices or billing documsalary costs allocable to the work under this Contract, and defined in the Special Conditions of this -Direct non 3. ort must be sent to the CITY's Authorized Agent for review and payment.The original of each invoice and progress rep 2. costs are new and that no previous charge for those services and deliverables has been included in any prior invoice.'s original signature attesting that the invoiced services and ENGINEERbusiness address, and address if different from Each invoice must contain the following information: CITY contract invoice number (sequentially numbered), billing 1. must satisfy the requirements listed below:st for the services performed and delivered for the billing period and coproject and the identify the should CITY. Invoices monthly to the CITY's Authorized Agent in the form prescribed by ENGINEERInvoices for payment must be submitted by B. ontract.Cnot properly performed in accordance with the prepared or the services were ’s presentation of invoices if they believe the progress reports were not properly ENGINEERdays of in writing within 30 ENGINEERCITY shall notify . Contractfor services performed in accordance with this reportsinvoices and progress properly prepared of ’s presentation ENGINEERPayments will be made by CITY within 30 days of A. PROCEDURE FOR PAYMENT ARTICLE 5 , and identified in Special Conditions, Article 3. current "Mn/DOT Travel Regulations"expenses in the same manner and in no greater amount than provided in the reimbursed for travel and subsistencebe may ENGINEERperformance of this Contract must not exceed the amount defined in the Special Conditions. as a result of ENGINEERReimbursement for travel and subsistence expenses actually and necessarily incurred by D. 's own risk.ENGINEER B.181 .Cwhich together shall constitute the same This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of D. understands it and agrees to be bound by its terms and conditions.read this Contract, has ENGINEERby the signature below of its authorized representative, hereby acknowledges that the , ENGINEERunderstandings, agreements or representations, oral or written, not specified herein regarding this Contract. There are no specific purpose given. change, if made, shall be effective only in the specific instance and for the of this Contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or No waiver, consent, modification or change of terms ontract constitutes the entire agreement between the parties.CThis C. Conditions. with the basic purpose of this Contract and within the general Scope of Services identified in the Special be consistent . Any change will be clearly and fully defined in writing, and approved by both parties. Change orders must ENGINEERof The work to be done in connection with this Contract may be changed at the request of CITY, with the mutual concurrence B. will be delayed in any way from completing the project under this Contract. ENGINEERCITY’s Project Manager in writing if must notify ENGINEERparties and officials who executed and approved the original Contract, or their successors in office. y the same evidenced by an amendment to this Contract. Amendments must be in writing and executed and approved bfor extra work or costs under this Contract that has been approved by the CITY's Authorized Agent must be ENGINEERo the work. Any written claim made by Work, entitled “Detailed Scope of Work,” and that are considered essential tAmendments to this Contract will be considered only for unforeseen work or services that were excluded in the Scope of A. AMENDMENTS, CHANGE ORDERS, MERGER, COUNTERPARTS, AND WAIVER ARTICLE 9 contract. nsultantsub cocontract and prior to work starting under the nsultantcosub execution of the ontracts must be sent to the CITY’s Authorized Agent afterc nsultantsub coA copy of any and all B. Contract.orming and delivering the work stated in this from perf ENGINEERdoes not relieve the nsultantssub co The. conditions of this Contractcontracts to contain all appropriate terms and nsultantsub comust require all ENGINEER A. SUBCONTRACTS ARTICLE 8 he services and deliverables specified in this Contract.responsibility for performance of tfrom the primary ENGINEERauthorization from the CITY's Authorized Agent. The written authority will in no way relieve may neither assign nor transfer any rights or obligations under this Contract without prior written ENGINEER A. ASSIGNMENT ARTICLE 7 , and to City Engineer or his designee.)s Project Managerother member identified a(Construction foremen or superintendent or communication shall be directly with Owner’s representativeNGINEER Eis not authorized to direct the work of Contractor, unless City is given such authority, in writing, by Owner. NGINEER E E. and/or deliverables described in this Contract for a sum not to exceed that is set forth in the Special Conditions.the services from its obligation to complete ENGINEERNothing in this Contract must be construed in any way to relieve D. Data for other purposes. ENGINEERextent of the CITY’s rights in such data, to use the exclusive license, to the -a non ENGINEERThe CITY grants use.for claims resulting from this re ENGINEERshall indemnify ’s deliverables in a manner beyond the scope of this contract, it ENGINEERterms of this Contract. If the CITY uses the work or as waiving the right of CITY to require the fulfillment of all of the been made or the restoration of any damaged from sole responsibility for services and deliverables upon which payments have ENGINEERnot be construed as relieving y progress payments made by CITY will become the sole property of CITY. This provision must All deliverables covered b C. regulations.will not receive payment for work performed in violation of federal, state, or local laws, ordinances, rules, or ENGINEER 182 reason, the terms and conditions of this Article shall survive. terminated for anyUpon completion of all services, obligations, and duties provided for in this Contract, or if this Contract is - Survival C. and CITY, they shall be borne by each party in proportion to its own negligence. ENGINEERconcurrent negligence of In the event claims, losses, damages, or expenses are caused by the joint or .including reasonable attorneys’ feesliability, costs, damages, and CITY are responsible for such ENGINEERto the extent the Minnesota Statutes Chapter 337, effect provided by Party, its officers and employees may hereafter sustain, incur or be required to pay to the fullwhich the Indemnified liable for in the performance of professional services required under this Contract acts they may be and anyone for whose negligent CITY and ENGINEERof negligent acts any liability, damages, and costs arising from thefrom the other (“the Indemnified Party”), Section 466.04, and hereby agrees to defend, indemnify, and hold harmlesscap on municipal tort liability under Minnesota Statutes subject to the CITY’sand to the extent provided by law omissions, errors and actsnegligent and CITY (the “Indemnifying Party”) shall be liable for its own ENGINEER - Indemnification B. liabilities in accordance with this Article.agree to allocate and limit such ENGINEERCITY and ’s fee for the Services, and in consideration of the promises contained in this Contract, ENGINEERof the project, and the al liabilities that may exist during the performance of the Services, the benefits Having considered the potenti - General A. LIABILITY ARTICLE 12 .ENGINEERliability to shall be done at CITY’s sole risk and without ENGINEERData without the written verification or adaptation by ENGINEERand any such reuse or modification of the ENGINEERdaptation by on any other project without written verification or aData are not intended or represented to be suitable for use or reuse by CITY on extension of the Project or ENGINEERsuch Data for the purposes set forth herein, subject to the following limitations: ENGINEERfree, irrevocable license to use such -assignable, royalty-exclusive, non-hereby grants to CITY a non ENGINEERData, ENGINEERcontain ENGINEERperformed by ), whether or not the Project is completed. To the extent the services ENGINEERhe of tdiscretion and the right of reuse at the shall retain an ownership and property interest therein (including the copyright ENGINEERENGINEERremain the property of ’s services shall ENGINEERand used to perform ENGINEERviously belonging or licensed to Data”) pre ENGINEERsoftware (“how and -D. Notwithstanding the above paragraphs, work papers, proprietary information, processes, methodologies, know for this Contract. ENGINEERPrior to final payment by CITY to Upon written notification by CITY. Contract.Upon written notice of completion or cancellation of this and other project data must be relinquished to CITY:photos, test results, work sheets, field notes, computations, drawings and plans; and legibly reproducible copies of tests, of reports, Unless otherwise directed by CITY, the originals C. .ENGINEERthe waives all claims against the CITY resulting in any way from any reuse of ENGINEERData for other purposes. ENGINEERlusive license, to the extent of the CITY's rights in such data, to use the exc-a non ENGINEERThe City shall grant the ontract. Cfor claims resulting from any reuse of such materials beyond the scope of this ENGINEERCITY will indemnify The must remit all such materials to CITY upon completion or cancellation of this Contract. ENGINEERproperty of CITY. the exclusive and are ’s servicesENGINEERare instruments of service in respect to of its obligations under this Contractin the performance ENGINEERby created and paid for , negatives, or other documentsAny reports, studies, photographs B. generated, or acquired in accordance with this Contract.to all data created, gathered, , appliesData Practices Act, Minnesota Statutes Chapter 13 Government he MinnesotaT A. DATA PRACTICES AND INTELLECTUAL PROPERTY ARTICLE 11 e laws.under this Contract in compliance with all applicable federal and statpermits, or other rights necessary to fulfill its obligations certifications, education, shall procure all licenses, ENGINEER A. COMPLIANCE WITH LICENSES, PERMITS, AND OTHER REGULATIONS ARTICLE 10 183 services, as well as from claims for for bodily injury, including sickness or disease, death, and for care and loss offrom claims for damages ENGINEERwill maintain insurance protecting ENGINEER Commercial Automobile Liability: Name CITY as an Additional Insured d. Blanket Contractual Liability c. Products and Completed Operations Liability b. Bodily Injury and Property Damage a. In addition, the following coverages should be included: annual aggregate -$1,000,000.00 b. per occurrence -$1,000,000.00 a. ’s insurance minimum amounts will be as follows:NGINEEREthis Contract, Unless otherwise specified within liability insurance shall be primary to any liability insurance maintained by the City. ’s ENGINEERr by anyone directly or indirectly employed under this Contract. o nsultantsub coor by a ENGINEERbe by damage including loss of use which may arise from operations under this Contract whether such operationsbodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property from claims for damages for ENGINEERwill maintain insurance protecting ENGINEER Commercial General Liability: .ENGINEERbe filed with the insurance shall nsultant‘sub cosinjury by disease aggregate; and $100,000.00 bodily injury by accident. Evidence of B, Employer’s Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily ments of CITY of Minnesota, and including Coverage Compensation insurance in accordance with the statutory requireto provide Workers’ nsultantsub cowill require the ENGINEERemployees and, in case any work is subcontracted, ENGINEERwill provide Workers’ Compensation insurance for all ENGINEER Insurance: Workers' Compensation .sub consultantsshall determine the appropriate level of insurance coverage and limits from its ENGINEER. sub consultantshall be responsible for obtaining separate certificates and endorsements for each ENGINEERThe loyees.and its emp ENGINEER for performed services byas is reasonable and necessary shall procure and maintain for the term of the Contract, insurance coverage ENGINEER must maintain and furnish satisfactory evidence of the following insurance policies: ENGINEER B. .day notice of cancellation-CITY a Each policy must contain a requirement that the insurer provide the . prior to execution of the Contract by CityAgent each type of insurance required under this Contract must be filed with the CITY’s Authorized A certificate of insurance for A. INSURANCE ARTICLE 15 This Article is hereby deleted. BONDS ARTICLE 14 .ENGINEERcontract with CITY may enter into a with Workers’ Compensation insurance coverage requirements must be presented to CITY before182, acceptable evidence of compliance be the obligation or responsibility of CITY. Pursuant to Minnesota Statutes 176.'s employees, or other person while so engaged on any of the work or services to be rendered, will in no way ENGINEERty as a consequence of any act or omission on the part of while so engaged, and any and all claims made by any third parclaims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons and all under this Contract, will not be considered employees of CITY. Any ENGINEERany work or services required by , or other persons while engaged in the performance of nsultantssub co, including its ENGINEERAny and all employees of A. WORKERS' COMPENSATION ARTICLE 13 property damage including loss of use which may arise from operations under this Contract whether such operations 184 For purposes of this Contract the term “day” means a calendar day of 24 hours. E. party of its inability to perform.carriers, provided the defaulting party gives written notice as soon as possible to the other or defaults caused by public taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, or delaysless the act or occurrence could have been reasonably foreseen and reasonable action could have been following, unNeither party will be held responsible for delay or failure to perform when such delay or failure is due to any of the D. ’s services shall be adjusted equitably.ENGINEERthe scope, extent, or character of the Project; the time of performance of amounts of compensation provided for herein shall be subject to equitable adjustment. If CITY has requested changes in , the rates and ENGINEERcompleted are provided, and if such periods of time or dates are changed through no fault of services are to be If in this Contract specific periods of time for rendering services are set forth or specific dates by which C. reasonably be require for the completion of said services.’s obligation to render services hereunder will be for a period which may ENGINEERtract, services are specified in this Concontinuous progress of the Project though completion. Unless specific periods of time or specific dates for providing ’s services and compensation under this Contract have been agreed to in anticipation of the orderly and ENGINEER B. are suitable for their intended purpose.must be of such quality that they ENGINEERby . The services or deliverables provided to CITY ENGINEERcompensation resulting from errors and omissions on the part of work under this Contract and must make timely revisions or corrections without its acy ofresponsible for the accurwill be ENGINEERCITY will have the authority to disapprove or reject services or deliverables that are defective. A. DELIVERABLE STANDARDS ARTICLE 16 all insurance policies shall be open to inspection, and copies of policies may be requested.Authorized Agent, Upon written request by the CITY's . ENGINEERrequirements and retains all rights to pursue any legal remedies against is not in compliance with the insurance ENGINEERCITY reserves the right to immediately rescind this Contract if D. tter.VIII or be-Obtain insurance policies from an insurance company having an "AM BEST" rating of A 2. above; and Include legal defense fees in addition to its liability policy limits, with the exception of Professional Liability Insurance 1. must: ENGINEER C. Contract.'s professional services required under this ENGINEERactual or alleged negligent act, error, or omission related to will become legally obligated to pay resulting from any ENGINEERThis policy will provide coverage for all claims annual aggregate -$1,000,000.00 per claim -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERUnless otherwise specified within this Contract, Professional Liability Insurance: 6. Name CITY as an Additional Insured owned-Owned, Hired, and Non included:In addition, the following coverages should be per occurrence Combined Single limit for Bodily Injury and Property Damage -$1,000,000.00 insurance minimum amounts will be as follows: ENGINEERotherwise specified within this Contract, the Unless or by anyone directly or indirectly employed under this Contract. nsultantsub coor by ENGINEERwere by ARTICLE 17 185 a condition precedent to the institution of legal or equitable proceedings by either party. The mediation shall be binding mediation as -ny claim, controversy or dispute arising out of this Agreement shall be subject to nonA Mediation. A. DISPUTE RESOLUTION ARTICLE 21 .ENGINEERattention to these corrections to minimize any delays to the must respond to CITY's notice of any errors and/or omissions within reasonable time and give immediate ENGINEER D. liability for loss or damage resulting therefrom.of the responsibility for subsequent correction of any such negligent acts, errors, or omissions, or of ENGINEERrelieve Acceptance of the work by CITY will not 's errors, omissions or negligent acts. INEERENGloss or cost to repair or remedy will be responsible for any damages incurred as a result of its negligent acts, errors, or omissions and for any ENGINEER C. without additional cost to CITY.ese negligent acts, errors, or omissions without undue delay and such additional work as may be necessary to correct thmust promptly perform ENGINEERwork, the corrections of which may require any additional field or office work, its of is aware of any negligent acts, errors, or omissions made in any phase ENGINEERthe without additional cost to CITY. If additional work as may be necessary to correct these negligent acts, errors, or omissions without undue delay and will be promptly notified by CITY and will be required to perform such ENGINEERal field or office work, require additionin any phase of the work, the correction of which may ENGINEERIf negligent acts, errors, or omissions are made by B. clarification of any ambiguities.of the responsibility for subsequent correction of any errors or omissions or for INEERENGby CITY will not relieve 's negligent acts, errors, or omissions without additional compensation. Acceptance of the work ENGINEERresulting from work and must promptly make necessary revisions or corrections its will be responsible for the accuracy of ENGINEER A. ERRORS OR OMISSIONS ARTICLE 20 has been paid in full all amounts due for services, expenses and charges. ENGINEERdue under this Contract until hout incurring liability whatsoever to CITY, suspend services and withhold project deliverables or right against CITY and witmay, after giving seven days written notice to CITY, and without waiving any claim ENGINEER’s invoice, ENGINEERthe date of for services satisfactorily performed and expenses within thirty days after ENGINEERny payment due to If City fails to make a deliverables performed or delivered. will be entitled to payment, determined on pro rata basis, for services and ENGINEERevent of such cancellation . In the ENGINEERat any time, with or without cause, upon written notice to the This Contract may be canceled by CITY A. CANCELLATION ARTICLE 19 brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract., any fee, commissions, percentage, ENGINEERthan a bona fide employee working for company or person, other has not paid or agreed to pay any ENGINEER, to solicit or secure this Contract, and that ENGINEERworking solely for warrants that it has not employed or retained any company or person, other than a bona fide employee ENGINEER B. TY.without written consent from CIhave been at any time during the time period of this Contract in the employ of CITY, except retired CITY employees, must not employ any professional or technical personnel who are or ENGINEERt prior written consent of CITY, Withou A. OFFICIALS NOT TO BENEFIT ARTICLE 18 state of Minnesota.this Contract resulting from alleged antitrust violations, which arise under the antitrust laws of the United States and claims for overcharges as to services and deliverables provided in connection with ll assigns to CITY any and a ENGINEER A. ANTITRUST conducted in Olmsted County, Min 186 waive all rights to and claims for monetary awards other than compensatory damages.proceedings must be venued in Olmsted County, Minnesota. The parties filed by either party. The legal or equitableet., seq. Any claim, controversy or dispute not resolved by mediation may be the subject of legal or equitable proceedings nesota, and in accordance with the Minnesota Civil Mediation Act, Minn. Stat. 572.31, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 187 55901MNRochester100STENW,ParkwayRiverWest4001RochesterofCity contract.writtenbyrequiredwhenLiabilityAutoandLiabilityGeneralCommercia ltheunderInsuredAdditionalanisHolderCertificateTheTestingandObservationsWatermainSWAve2ndQTB173256;RE:500,00010,000,00010,000,000 RetentionAggregateClaimEach 9/1/20239/1/2022EEH114132066 Reported&MadeClaims-IncidentPollutionIncl.-LiabilityProfessionalD 1,000,0001,000,0001,000,0009/1/20239/1/202205032112784WC N X C 10,000 X 14,000,0009/1/20239/1/2022CUP8N70797814,000,000 XX B 9/1/20239/1/20228109N171016 Y X 1,000,000 B 2,000,0009/1/20239/1/20226608N681669 Y XX 2,000,0001,000,000 LiabContractual X 10,000 BFPDXCU;X 300,000 X 1,000,000 X A 89603086120443CompanyCasualty Continental11050CInsurancePartnersAmerisure 55438MNMinneapolisSAvenueHampshire11001CorporationIntertecBraun 25674CoCasualtyPropertyTravelers BRAUINT-01 25623CompanyInsurancePhoenixTheCertificates@kai nsurance.com952-890-0535952-707-8200DepartmentCertificates 55337MNBurnsvilleBlvdGateway420Associates&Osborne 3/9/2023 AUTOS ONLYHIRED The ACORD name and logo are registered marks of ACORDCERTIFICATE HOLDER© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICYGEN'L AGGREGATE LIMIT APPLIES PER:CLAIMS-MADEOCCURCOMMERCIAL GENERAL LIABILITYPREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE$MED EXP (Any one person)$PERSONAL & ADV INJURY$GENERAL AGGREGATE$PRODUCTS - COMP/OP AGG$DEDRETENTION$CLAIMS-MADEOCCUR$AGGREGATE$EACH OCCURRENCE$UMBRELLA LIABEXCESS LIABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITSPERSTATUTEOTH-ERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT$$$ANY PROPRIETOR/PARTNER/EXECUTIVEIf yes, describe underDESCRIPTION OF OPERATIONS below(Mandatory in NH)OFFICER/MEMBER EXCLUDED?AND EMPLOYERS' LIABILITYWORKERS COMPENSATIONY / NAUTOMOBILE LIABILITYANY AUTOOWNEDSCHEDULEDNON-OWNEDAUTOS ONLYAUTOSAUTOS ONLYCOMBINED SINGLE LIMITBODILY INJURY (Per person)BODILY INJURY (Per accident)PROPERTY DAMAGE$$$$EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSDADDLWVDSUBRN / A$$(Ea accident)(Per accident)OTHER:REPR ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:INSUREDPHONE(A/C, No, Ext):PRODUCERADDRESS:E-MAILFAX(A/C, No):CONTACTNAME:NAIC #INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :INSURER(S) AFFORDING COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS.THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1/5/2023 188 ArcMap reference drawing showing location of J5581 – Mayo Utility Upgrades beneath 3 189 Ave SW nd St SW, near 2 rd Plan sheet showing scope of J5581 – Mayo Utility Upgrades beneath 3 Ave SW nd St SW, near 2 rd M 190.tcejorp?siht?rof?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,eru tcurtsarfni?cilbup?fo?noitallatsni?eht?taht?erusneot?dengised?si?hcihw?,margorP?noitcurtsnoC?renwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.sdradnatSdna?snoitacificepS?ytiC?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoisseforp?sedivorp?renwOtaht?tcar tnoc?renwO-ytiC?eht?yb?deriuqer?si?tI?.renwO?yb?diap?dna?,024,53$?fo?tnuoma?eht?ni?,)reenignEgnitlusnoC?sa(?,.cnI?,setaicossA?&?BSW?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.tce jorp?siht?rof?ezilitu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfnicilbup?fo?ytilauq?eht?taht?gnirusne?elihw?tnempoleved?rof?enilemit?s'renwO?eht?etadommoccalliw?tcartnoc?r enwO-ytiC?a?fo?esu?ehT?.)reenignE?ngiseD?sa(,.cnI?,setaicossA?&?BSW?dna?,)rotcartnoCsa(?,CLL?,snoS?&?rednaloB?lraC?,)renwO?sa(?,cinilC?oyaM?:htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".sedargpUredeeF? 2Y?gnidliuB?miehnegguG?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,8955J?.oN?tcejorP?rof?licnuoC?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evita rraN?tropeR.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",sedargpU?redeeF?2YgnidliuB?miehnegguG?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,8955J?.oN?tcejorP?ot?detaler?krow?rof,024,53$?fo?tnuoma?eh t?ni?,.cnI?,setaicossA?&?BSW?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;noitatnemucod?ecnarusni?dna?dnob?etairporppa?eht?fo?noissimbus?s'rotcartnoCdna?,slavorppa?nalp?tcejorp?nopu?lanoiti dnoc?noitucexe?ytiC?htiw?",sedargpU?redeeF?2Y?gnidliuBmiehnegguG?oyaM?evreS?ot?stnemevorpmI?cilbuP"?,8955J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???12.F8955J?.oN?tcejor P-?sedargpU?redeeF?2Y?gnidliuB?miehnegguG?oyaMevreS?ot?stnemevorpmI?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIR O3202?,02?hcraM:ETAD?GNITEE F 191 8955J?.oN?tcejorP?-?sedargpU?redeeF?2Y?miehnegguG?-?tibihxE8955J?.oN?tcejorP?-?sedargpU?redeeF?2Y?miehnegguG?-?tcartnoC?secivreS?lacinhceT?lanoisseforP8955J?.oN?tcejorP?-?sedargpU?redeeF?2Y?mie hnegguG?-?tcartnoC?renwO-ytiC:stnemhcattA redeilttiM?elyK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?secivres?lacinhcet?lanoisseforp?eht?ot?gnidrocca secivres?rieht?rof?reenignE?gnitlusnoC?gnitasnepmoc?ni?esu?rof?ytiC?ot?tnemyap-erp?edivorp?lliw?renwOdna?,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?diap?sah?renwO?,stcartnoc?eht?yb?deriuqer ?sA:tcapmI?ecruoseR?&?lacsi 1 192 elements. the of design the evaluating of the for designees its and City the to available Report said of the make to obligated is Owner Project. the for )”Report“ (hereinafter Report Geotechnical a to )”Professional Geotechnical“ (hereinafter corporation Minnesota a ,Engineering Testing Inc.American of services professional the retained document separate by has Owner b) out. close including Project elements work the of coordination all for responsible is The Project. the for as serve will ,, Mayo ClinicJack Rol representative, s’Owner a) .OBLIGATIONS SPECIFIC S’OWNER I. follows: as and City agreed mutually hereby is it THEREFORE, NOW, Specifications. Design Standard s’City the to adherence and Plans) (hereinafter the for Plans Construction Civil approved the with compliance full including conditions and terms the to and herein), noted specifically otherwise and cost own its at Contractor, utilizing Project, the for work improvements public the to permission Owner grant to is City 3) .”“ the as to referred hereinafter and ,’A‘ attached as reference for depicted sheets plan the ,”98J55 – Building Y2 Feeder UpgradesGuggenheim Mayo Serve to Improvements “Public as to referred generally Engineer, Design by prepared specifications and plans approved the with consistent easements public or way-of-right public the within work other or infrastructure public construct expense, own its at to, permission requesting is Owner 2) Guggenheim Building.Mayo improvements to serve the has programmed Owner 1) THAT WITNESSETH, agreement. this of conditions and terms the under the as to referred be collectively hereinafter shall Engineer Design and Contractor Owner, together and ),”Engineer Design“ as to referred (hereinafter corporation Minnesota a ,Associates WSB & and ,(hereinafter referred to as “Contractor”) a Minnesota limited liability company, dba Carl Bolander & Sons CompanyBolander & Sons, LLC, Carl and )”Owner“ as to referred (hereinafter corporation profit-non Minnesota a Clinic, Mayo and ),”City“ as to referred (hereinafter corporation, municipal Minnesota a Rochester, of City the ,3202 , of day this made AGREEMENT, THIS CONTRACT OWNER-CITY 2 193 City. the within projects other to opportunity the Owner for basis aas usedbe may Contract, thisin forth set obligations Owner’s the to pertains it as ,agreement this by required everything do to h) services utility private the of installation of commencement to prior Works from required are inspection(s) and permit(s) connection utility separate that and Contract this of part NOT are development this of part as constructed being connections service water & sewer sanitary private all that acknowledges Owner g) .NA, as it relates to this Contract .Charges Development f) concerns. any to designee or Engineer City the with directly communicate shall Owner s’Engineer Oversight & Observation regarding concerns any has Owner event the In Project. the to duties its performing Engineer Oversight & Observation with interfere or direction work not shall Owner e) City. by paid and verified, claimed, been have Engineer Oversight & Observation by incurred expenses applicable all that confirmation s’City upon difference net the payment, initial made who representative s’Owner reimburse will City Owner, from collected and above specified amount the than less are City, by approved and Engineer Oversight and Observation by documented as Project, the for expenses oversight and observation the event the In .0August 1 by completed being the for elements work the to Project, the for oversight and observation construction to obligation financial other no have shall Owner Engineer. Oversight & Observation by performed be to are that the for services oversight and observation to obligation financial s’Owner representing 35,420.00$ of amount the City to pay shall representative s’Owner Contract, this of execution s’Owner with Concurrent Project. the for oversight and observation construction to arrangement, separate a City, by retained been has )”Engineer Oversight & Observation“ as to referred (hereinafter corporation Minnesota a WSB & Associates, Inc. d) elements. work the of completion in delay the of result a as corporation, Minnesota a Inc., ,WSB & Associates by oversight and observation additional to City the by incurred costs additional for City reimburse to obligated be may Owner and Contract, the to Addendum an to City by required be may Contractor and Owner ,2023, 0August 1 by completed not are elements work the event the In etc). soils, weather, to (due conditions any and provisions, or requirements or State or conditions, development Ordinances, City the of requirements or Property, or the to City and Owner, the agreement other any or Agreement, Development the of intent or conditions the fulfill to required be may that work of scope any including costs, construction all for pay shall Owner Additionally Specifications. Design Standard City with adherence in and Plans approved the with consistent manner ain and ,0August 1 by elements work all of completion s’Contractor the shall Owner c) 3 194 require. may safety public the as times such at and places all at danger keep and injuries, public the to necessary precautions all take to agrees Contractor b) services. utility private the of installation of commencement to prior Works from required are inspection(s) and permit(s) connection utility separate that and Contract this of part NOT are project development this of part as constructed being connections service water & sewer sanitary private all that acknowledges Contractor subcontractor. any of approval delay or condition withhold, unreasonably not shall City addendum(s). contract owner approved-City subsequently any on based be may they as and specifications, and Plans approved the on based and elements, work the shall Contractor documents. contract the by required everything do to and Plans, the intospecifications incorporated andengineering standards Rochester of City year with compliance in and Engineer, City the by approved Plans with accordance in described the of construction the in necessary labor and work the all and do to and equipment, and toolsnecessary all materials, all toand covenants hereby Contractor a) .OBLIGATIONS SPECIFIC CONTRACTOR III. drawings. and such in data technical the in identified been have that Property the to adjacent or at any, if conditions, environmental hazardous to ingsdraw and (2) and drawings, and such in data technical the in identified been have that Property the at structures subsurface or existing to conditions physical of drawings all and Property the to adjacent or at conditions subsurface of tests and explorations of (1) all: carefully has it states Contractor d) Project. the in included elements work its of performance and progress, cost, affect may that regulations and laws all to as satisfied with familiar is it states Contractor c) Project. the in included elements work its ofperformance and progress, cost, affect may that conditions Property and local, general, the to as satisfied is and with, familiar become has areas, adjacent the and Property the of examination visual alert and thorough a conducted Property, the has it states Contractor b) Project. the to items reference and data other all and specifications, design City plans, construction civil Contract, the carefully and examined has it states Contractor a) .REPRESENTATIONS S’CONTRACTOR II. fee. recording and preparation document standard a Citypay shall and easements, said for professional), qualified a by (prepared and description legal a City shall Owner Owner.by Contract this of execution with concurrent City, to cost no at easements, all dedicate shall Owner Project, the for infrastructure public all for dedicated been previously have way-of-right and easements, utility & drainage public all Unless i) 4 195 designee. his or Engineer City the of discretion the at be only shall This/These plugs lines.sewer Cityexisting to linessewer sanitary new of connection to prior Engineer City the by designated location(s) a at sewer a will Contractor applicable, Where .Lines Sewer (4) elements. work specific those to licensed subcontractors and contractors by performed be shall elements work All Contract. this under performed work for for have may Contractor claims all and any from harmless City the hold shall and agrees Contractor Contract, this of execution By 574.26. Stat. Minn. violated has City the claim later not may and Contract this of terms the under Contractor by performed elements work all forContractor to s’Owner guarantee to adequate is determines it form a in and amount an in Owner the from surety obtain shall Contractor Contract, Owner-City this under work performing of condition a As (3) period. maintenance s’Contractor the covering date effective an with and amount, same the in bond maintenance a provide also shall Contractor period, maintenance year-one s’Contractor of expiration the until and full force inremain they that face their on state not do bonds the If (2) respectively. materials, and labor the for claims all of and specification and plans the with accordance in contract the of performance the guarantee shall and Statutes, Minnesota by required as conditioned be shall bonds Said contract. this of the for materials and labor furnishing all of the for bond theand City, of use the for bond performance the ithw .00182,150$ least at of sum total the in be shall bond Each Minnesota. of State the in business do to authorized surety a and itself by executed bonds and performance City, to shall Contractor contract, this under work any of commencement to Prior (1) Contractor. the by performed be to work improvements public the of cost estimated the represents accurately that City the to acceptable form a in and amount an in surety shall Contractor .Contractor from Surety d) interests. its to necessary determines it that action legal other such take may City The (4) elements; required the of completion for bond performance the action take and agents the may City (3) Contractor;the with contracts future withhold may City (2) completed; are elements outstanding the as time such until building of issuance the withhold will City the that indicating noncompliance of affidavit an record may City (1) following: the to not but including appropriate, deem may it course legal whatever items outstanding the to action take may City schedule, this completed within been not have work elements s’Contractor event the In .days working 20 Project, the for Plans Construction Civil approved the within improvements public all complete shall Contractor elements,work commencing specific Upon .0August 1 by before or on City, the of satisfaction the to contract, this to are that items warranty for except elements, work its of all complete shall Contractor The Date. Completion c) 5 196 City. the within infrastructure public for services engineering other to opportunity the Engineer Design for basis a as used be may Contract this by required everything do to d) Engineer. City the to acceptable format a in City the to providedbe shall drawings record Said elements. critical and infrastructure public all for drawings record shall Engineer Design c) $1,000,000.00. than not less be shall coverage minimum aggregate The Project. the to drawings record and preparation, specification and plan its of all for Insurance Omissions & Errors maintain shall Engineer Design b) circumstances. or same in the would discipline same the in professionals other as or profession, her or his of practice of code the in prescribed skill and diligence, care, of level the exercise to professionala of duty legal and its maintain shall Engineer Design its of performance In .Care of Standard a) OBLIGATIONS. SPECIFIC S’ENGINEER IV. City. the within projects public improvement other construct to the opportunity denying Contractor for basis a as usedbe may agreement thisby required everythingdo to (6) maintenance such insurance maintain shall event any in and certificate, original the on indicated date expiration the to prior certificate new a shall Contractor maintenance the of end the to prior expire shall policy the indicates certificate insurance any If terminate. or cancel to s intention’insurance of the noticewritten ’days thirty to is Rochester of City described, above insurance any of termination or cancellation of event the in that indicating endorsed be shall insurance of policies All requirements. Approvals and Inspections Contract Owner City the of provisions the by abide and of aware are subcontractors its that ensure also shall Contractor Clerk. City the with filed are effect this to certificates that and above, forth set as compensation insurance, s’worker and automobile maintain subcontractors such that and determine to Contractor of responsibility the be shall it subcontractors, Contractor by done be shall contract this by contemplated work the of a or all that event the In compensation. ’ for effect in is insurance indicating certificate a Clerk City the with file also shall Contractor City. the by maintained insurance liability any to be shall insurance liability s’Contractor Clerk. Citythe with automobile insurance such ofcertificates or certificate a file to and insured, additional an as Rochester of City the naming $500,000, least at of limits damage property and $1,500,000/$3,000,000 least at of limits injury bodily with contract this of performance the in vehicles all on insurance maintain to and vehicles their on insurance maintain to agree Contractor Clerk. City the with insurance, such of certificate a or insurance, of policy such file and $500,000, least at of limits damage property and $1,500,000/$3,000,000 least at of limits injury bodily with insured, additional an as Rochester of City the naming policy insurance liability a warranty and maintenance its than less not duration a for maintain and shall expense, own its at Contractor, Insurance. (5) 6 197 purpose. any for interest ofconflict a createOversight Engineer, & Observation and Engineer by provided services that claim to right any waive and relationship this understand Owner and City Services. Professional for Contract separate a under City the to and Owner the to services professional to required be may Engineer Oversight & Observation and Engineer facilities public these of construction the For INTEREST. OF CONFLICT X. hereunder. performed be to work the and contract this to applicable regulations and ordinances all with together laws, local and state federal, all with comply to employees and agents its cause and comply shall Engineer Design Contractor, Owner, contract, this by authorized work the of performance and administration the with connection In COMPLIANCES. IX. City.of responsibility or obligation the be way no in shall agreement this under services or work any in while employees s’party any of part the on omission or act anyand claims such all and any and or membership retirement coverage, security social benefits, insurance unemployment coverage, compensation s’worker to, not but including, whatsoever, any for City the of employees considered be notshall for hereinprovided or requiredservices or work any of performance the in said by employed all and contractors independent are Engineer Oversight & Observation and Engineer, Design Contractor, Owner, that all by agreed and understood expressly is It CONTRACTOR. INDEPENDENT VIII. City. the by approved schedule a correction or completion as identified work such shall made, being is claim warranty a thator accepted, not been has orspecifications City with accordance in constructed been not has thereof, a or Project, the that agent, its or City the from notice receiving after days 14 within Contractor, or / and Owner .ACCEPTANCE-NON VII. obligations. ’ remaining the of completion the of independent work s’Contractor or s,’Engineer Design s,’Owner the accept may Engineer City Exhibit). attached on the reference forprovided is Acceptance (an Acceptance City separate a of execution s’Engineer City the by memorializedbe shall work the ofAcceptance s’City Contract. this by established duration the for contract this to pursuant installed and furnished materials and done work all of stability the maintain to agrees and guarantees Contractor that except Owner, the of deeds or acts any City the of property the become shall elements the City, the by accepted When City. by accepted subsequently is and Engineer Oversight & Observationby certified is work such untilelements of themaintenance the for responsibility no City .OWNERSHIP MAINTENANCE, ACCEPTANCE, CITY VI. schedule. and control, scope, to Project, the on work commencing to prior held be shall representative s’City the and Engineer, Oversight & Observation Engineer, Design Contractor, Owner, the site-on An Engineer. City the with file on are the for specifications and plans approved the andapproved been have PlansGrading and construction plans civil the until the on commencenot shall Work reference. by herein incorporated are which of all execution, contract of time the at effect in Construction and Street for Standards s’Rochester of City the and specifications, and plans approved the Contract, this of forth set fully if as extent same the to hereof part a made are which Project, the for documents contract The DOCUMENTS. CONTRACT V. 7 198 consultants.-sub and/or staff own itsof use the manner workmanlike and professional a in work required the to obligated is and Contract this of terms the by bound is it that acknowledges Contractor parties. all by signed amendment Contract formal and Engineer City the of prior the herein identified Contractor substitute not shall Owner .SUBSTITUTION XV. Contract. this of expiration or termination the will clause this contrary, the to Agreement this in provision any Notwithstanding Agreement. this of terms the of any to challenge legal a with associated delays administrative or development any avoid to wish All forth set not statement or representation any upon relied not has (d) and stated asthem accept to decision the made has and terms of those significance the appreciates terms, its of all understands and read has (c) Contract; this before attorney an to and conditions, and terms s’Contract this consider to time of amount sufficient a had has (b) appropriate; deems he/she/it as legal with consultation such with volition own his/her/its of willingly and voluntarily knowingly, Contract this executes and into enters (a) he/she/it: that acknowledge Engineer Design and Contractor, Owner, the Contract, this executing By .CONCURRENCE XIV. given. specific the for and instance specific the in only effective be shall change or modification, consent, Such parties. both by signed and in unless party either bind shall Contract this of terms of change or modification, consent, no Furthermore, specified not representations or agreements, understandings, or oral no are There representations. and agreements, understandings, negotiations, priorall supersedes instrument This upon. agreed terms the of statement exclusive and complete the and agreement, ’ the of expression final the constitutes Contract This . XIII. provision. other any or that of City the by waiver a constitute not shall contract this of provisions any to City the of The . XII. fee. s’including attorney these of costs all reimburse to agrees Engineer Design The agreement. this under employees or subcontractors, its or Engineer Design The of activities negligent the of out or from resulting or suits, all from employees and officers, officials, its City, the harmless hold and indemnify to agrees Engineer Design The fees. attorney’s including these defending in costs all pay and defend to agrees Contractor The agreement. this under employees or subcontractors, its or Contractor the of activities tortious otherwise or negligent the of out or from resulting nature whatsoever of or suits, all from employees and officers, officials, its City,the harmless holdand indemnify to Contractor The fees. s’attorney including these defending in costs all pay and defend to agrees Owner The agreement. this under employees or agents who are not parties to this Agreement, its Owner, the of activities tortious otherwise or negligent the of out or from resulting nature whatsoever of or suits, all from employees and officers, officials, its City, the harmless hold and defend to agrees Owner The .HOLD HARMLESS XI. 8 199 Follow\] \[Signature Pages Contract. this to pursuant completed be to the to apply shall Contract Construction the of terms the that agree Owner and Contractor Contract. Construction the to pursuant completed be to Work the of part is the that agree Contractor and Owner The .CONTRACT CONSTRUCTION XIX. City. the from to Notice a received has Contractor the and approved, are Plan and Plans Construction the executed, fully are documents Contract the time such untilcommence not shall contract this under Work .WORK OF COMMENCEMENT XVIII. Minnesota. of State the of lawsthe with accordance in construed and by governed be will Agreement This .LAW GOVERNING XVII. Instrument. same the and one constitute to deemed be shall together taken counterparts such all and pages, signature separate on hereto different the by counterparts of number any in executed be may Contract This .COUNTERPARTS IN EXECUTION XVI. 9 200 3202 , Dated Clerk City Geistler, K. Kelly 3202 , Dated MayorNorton, Kim BY corporation municipal Minnesota a ,MINNESOTA ROCHESTER, OF CITY CITY: forth. set hereinabove year and ayd the on executed duly be to agreement this caused have hereto respective parties the WHEREOF, NI 10 201 Public Notary corporation. profit-non the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and corporation, profit-non a Mayo Clinic, of the , by ,3202 , of day thisme before acknowledged was instrument The SS ) OLMSTED) OF COUNTY MINNESOTA) OF STATE Its: By: corporation profit-non a Mayo Clinic, OWNER: 11 202 Expires:Commission My County: Public Notary corporation. profit-non said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code) (Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before, 3202 , of day this On OF COUNTY STATE OF OWNER FOR SIGNATURE AUTHORIZATION CORPORATION PROFIT-NON OFACKNOWLEDGEMENT 12 203 Public Notary .corporation the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and ,a Minnesota limited liability company, dba Carl Bolander & Sons CompanyBolander & Sons, LLC, Carl of the , by ,3202 , of day this me before acknowledged was instrument The ) OF COUNTY SS ) ) OF STATE Its By Bolander & Sons CompanyMinnesota limited liability company, dba Carl a ,Carl Bolander & Sons, LLC CONTRACTOR: 13 204 My Commission Expires: Notary Public company. e/she hereby executes said instrument for and on behalf of the limited liabilitythat h to execute the attached instrument for and on behalf of the limited liability company, and indicated the he/she is authorized under the articles of organization or operating agreement (City & State) (Zip Code) s___________________________, _______________, a limited liability company, who ha (Name of Company), (Address) __________________________________, ___________________________________ (Title) sworn, did say that he/she is the ______________________________, of (Name of Officer) appeared _________________________, to me personally known, who being by me duly , 3On this _________________ day of ____________________, 202 COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE FOR CONTRACTOR ACKNOWLEDGEMENT OF LIMITED LIABILITY 14 205 55901 MNRochester, 100 SuiteNW,ParkwayRiverWest4001WorksPublic Rochester by: draftedwas documentThis Public Notary corporation. the of behalf on and deed and act free his/her as same the executed he/she that acknowledged and instrument the executed who person the be to me by known personally is who and corporation, a & Associates, Inc.,WSB of the , by ,3202 , of day thisme before acknowledged was instrument The ) OLMSTED OF COUNTY ss. ) ) OF STATE _ Its By corporation a WSB & Associates, Inc., ENGINEER: DESIGN 15 206 Expires:Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of Officer) of (Name acknowledged said that and Directors; of Board its of by corporation said of behalf on executed wasinstrument Code)(Zip & State) (City said that and corporation;a , , Corporation) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before, 3202 , of day this On OF COUNTY STATE OF FOR DESIGN SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 16 207 98J55 for Plan Construction of drawing Reference A EXHIBIT 17 208 Acceptance of Certification Engineer’s of Example Blank B EXHIBIT 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 227 55901MNRochester100SuiteNW,PkwyRiverWest4001WorksPublicRochesterofCity coverage.LiabilityGeneralthetolimitedagreementorcontractwritt enbyrequiredasInsuredAdditionalasincludedisWorksPublicRochesterofCityJ5598:Project$5,000,000$5,000,000 AggregateOccurrenceEach 3/1/20243/1/2023MCGX100382 LiabilityExcessC 1,000,0001,000,0001,000,0003 /1/20243/1/20243/1/20233/1/2023WC015853268WC014196003 X AA 5,000,0003/1/20243/1/202382A3FF0002834035,000,000 XX B 3/1/20243/1/2023CA4693553 X 2,000,000 A 4,000,0003/1/20243/1/2023GL5425678 XX 4,000,0002,000,00025,000100,000 X 2,000,000 X A 43010948035378CompanyInsuranceEvanston 55416MNMinneapolis300SuiteSo.,AveXenia701IncAssociates,&WSB 10786CoInsLinesSurplus&ExcessPrinceton WSBASSOCIA 19445PittsburghPACoInsFireUnionNationaljessica.jolin@marshmma.comJolinJessica 55416MNMinneapolisDriveHillsGolden6160LLCAgencyMcLennan&Marsh 3/8/2023 AUTOS ONLYHIRED The ACORD name and logo are registered marks of ACORDCERTIFICATE HOLDER© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICYGEN'L AGGREGATE LIMIT APPLIES PER:CLAIMS-MADEOCCURCOMMERCIAL GENERAL LIABILITYPREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE$MED EXP (Any one person)$PERSONAL & ADV INJURY$GENERAL AGGREGATE$PRODUCTS - COMP/OP AGG$DEDRETENTION$CLAIMS-MADEOCCUR$AGGREGATE$EACH OCCURRENCE$UMBRELLA LIABEXCESS LIABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITSPERS TATUTEOTH-ERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT$$$ANY PROPRIETOR/PARTNER/EXECUTIVEIf yes, describe underDESCRIPTION OF OPERATIONS below(Mandatory in NH)OFFICER/MEMBER EXCLUDED?AND EMPLOYERS' LIABILITYWORKERS COMPENSATIONY / NAUTOMOBILE LIABILITYANY AUTOOWNEDSCHEDULEDNON-OWNEDAUTOS ONLYAUTOSAUTOS ONLYCOMBINED SINGLE LIMITBODILY INJURY (Per person)BODILY INJURY (Per accident)PROPERTY DAMAGE$$$$EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSDADDLWVDSUBRN / A$$(Ea accident)(Per accident)OTHER:REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:INSUREDPHONE(A/C, No, Ext):PRODUCERADDRESS:E-MAILFAX(A/C, No):CONTACTNAME:NAIC #INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :INSURER(S) AFFORDING COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS.THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 03/08/2023 228 AUTOS ONLYHIRED The ACORD name and logo are registered marks of ACORDCERTIFICATE HOLDER© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICYGEN'L AGGREGATE LIMIT APPLIES PER:OCCURCLAIMS-MADECOMMERCIAL GENERAL LIABILITYPREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE$MED EXP (Any one person)$PERSONAL & ADV INJURY$GENERAL AGGREGATE$PRODUCTS - COMP/OP AGG$$RETENTIONDEDCLAIMS-MADEOCCUR$AGGREGATE$EACH OCCURRENCE$UMBRELLA LIABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITSPERSTATUTEOTH-ERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT$$$ANY PROPRIETOR/PARTNER/EXECUTIVEIf yes, describe underDESCRIPTION OF OPERATIONS below(Mandatory in NH)OFFICER/MEMBER EXCLUDED?AND EMPLOYERS' LIABILITYWORKERS COMPENSATIONY / NAUTOMOBILE LIABILITYANY AUTOOWNEDSCHEDULEDNON-OWNEDAUTOS ONLYAUTOSAUTOS ONLYCOMBINED SINGLE LIMITBODILY INJURY (Per person)BODILY INJURY (Per accident)PROPERTY DAMAGE$$$$EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSDADDLWVDSUBRN / A$$(Ea accident)(Per accident)OTHER:REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:INSUREDPHONE(A/C, No, Ext):PRODUCERADDRESS:E-MAILF AX(A/C, No):CONTACTNAME:NAIC #INSURER(S) AFFORDING COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS.THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE55901MNRochesterSuite #1004001 West River Pkwy NWCity of Rochester Public WorksThis certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy.Project #J5598$10,000,000AggregateEach Policy Year$5,000,000Each Claim/10/01/202310/01/2022DPR5002970Professional LiabilityA2022-2023 137885XL Specialty Insurance Co.55416MNMinneapolisSte. 300701 Xenia Avenue SouthWSB & Associates, Inc.(952) 893-1819(952) 893-1933Jeanne Danmeier55437MNBloomingtonSuite 2208201 Norman Center DriveH. Robert Anderson and Associates, Inc. 229 ArcMap reference drawing showing location of J5598 – Guggenheim Y2 Feeder Upgrades 230 Plan sheets showing scope of J5598 – Public Improvements to Serve Guggenheim Y2 Feeder Upgrades 231 M 232 ta?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?etats?fo?selo r?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?,tnemeganaM ?yaW?fo?thgiR?cilbuP?,OCR?eht?fo?2-9?retpahC?.yaw?fo?sthgir?cilbup?eht?fo?esu?etairporppa?eht?dna?steerts?sti?fo?ytirgetni?eht?erusne?ot?dna?sneziticsti?fo?eraflew?dna?,ytefas?,htlaeh?eht?tcetorp?dna ?rof?edivorp?ot?secnarbmucne?yrassecennu?morf?eerf?dnariaper?doog?fo?etats?a?ni?yaw?fo?sthgir?cilbup?sti?peek?ot?sevirts?ytiC?ehT?.5-2-9?.ceS?,)OCR(?secnanidrOfo?edoC?ytiC?retsehcoR?eht?rep?tnemeriuq er?a?era?CLL?veD?retsehcoR?htiw?tnemeerga?dna?timrep?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.renwO?eht?yb?detuce xe?neeb?sah?dnaytiC?eht?rof?noitcetorp?ytilibail?dna?noitacover?rof?egaugnal?sedulcni?tnemeerga?ehT?.)"tnemeerga?eht"(tnemeerga?dna?timrep?elbacover?eht?fo?rovaf?ni?sdnemmocer?dna?tseuqer?eht?deweive r?sah?skroW?cilbuP.seitilicaf?cilbup?ot?egamad?yna?sa?llew?sa?,stnemevorpmi?etavirp?eht?llatsnier?dna?evomer?ot?tsoc?eht?rofelbisnopser?eb?osla?lliw?renwO?ehT?.esnepxe?nwo?sti?ta?stnemevorpmi?etavirp ?eht?niatniam?dna?llatsni?lliwrenwO?ehT?.ytreporp?s'renwO?no?detcurtsnoc?gnieb?tnaruatser?eht?evres?lliw?stnemevorpmi?etavirp?ehT?.ytreporp?s’renwO?eht?no?detacol?tnemesaeytilitu?a?nihtiw?)stnemevorp mi?etavirp?dellac?ylevitcelloc(?sgnitnalp?dna?spets?etercnoc?fo?tnemecalpeht?rof?timrep?elbacover?a?detseuqer?sah?renwO?ehT?.atosenniM?,ytnuoC?detsmlO?,noisividbuSdnoceS?elcriC?uaetahC?,1?kcolB?,3?to L?sa?debircsed?ytreporp?eht?fo?renwO?eht?si?CLL?veD?retsehcoR:evitarraN?tropeR.tnemesae?ytilitu?a?nihtiw?stnemevorpmi?etavirp?fo?tnemecalprof?CLL?veD?retsehcoR?htiw?)"tnemeerga?eht"(?tnemeergA?dna?ti mreP?elbacoveR?a?gnizirohtuA:detseuqeR?noitcA???22.FtnemesaE?ytilitU?a?ni?stnemevorpmI?etavirP?rof?CLLveD?retsehcoR?htiw?tnemeergA?dna?timreP?elbacoveR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPa dnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE t 233 tnemesae?ni?stnemevorpmi?-?CLL?veD?retsehcoR?-?tnemeergA?&?timreP?elbacoveR:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemeerg A?dna?timreP?elbacoveR?tcejbus?eht?fo?gnidrocerdna?noitaraperp?eht?rof?642$?fo?eef?gnidrocer?dna?noitaraperp?tnemucod?a?stcelloc?skroW?cilbuP:tcapmI?ecruoseR?&?lacsiF.emit?sih 234 235 236 237 238 239 240 241 M 242:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?dna?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seitilicaf?nairtsedep?fo?noitcurtsnoc?eht?rof?tnemyap?erutufrof?n oitagilbo?eht?sserdda?ot?detucexe?eb?yam?renwo?eht?htiw?tnemeerga?na?,emit?retal?a?ta?detcurtsnoceb?ot?gniog?era?seitilicaf?nairtsedep?fi?taht?seriuqer?edoC?tnempoleveD?deifinU?eht?,detcurtsnocton?er a?sklawedis?fI?.noitcidsiruj?s'ytiC?eht?rednu?segatnorf?daor?cilbup?lla?gnola?deriuqer?era?sklawediS:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?l anoitadnuoF?&?seitiroirP.srenwO?eht?yb?detucexedna?ytiC?eht?yb?detfard?neeb?sah?tnemeerga?nA?.srenwo?ytreporp?gnittuba?dna?,ytiC?eht?,srenwOeht?fo?tifeneb?lautum?eht?ot?si?emit?siht?ta?seitilicaf?der iuqer?eht?gnitcurtsnoc?fo?ueil?ni?tnemeerga?sseccahcaorppa?yawevird?&?seitilicaf?nairtsedep?fo?noitucexe?eht?taht?eerga?setammaet?ytiC?dna?srenwOehT?.rettug?dna?bruc?gnidulcni?,sdradnats?ytiC?teem?ot ?tliub?yltnerruc?ton?si?daor?eht?nehw?hcaorppaevird?yna?hguorht?ron?egatnorf?teerts?eht?gnola?klawedis?a?tcurtsnoc?ot?elbisaef?ton?si?ti?,emit?siht?tA?.ytreporp?'srenwO?ehtfo?yhpargopot?peets?eht?ot? eud?yawdaor?eht?ot?txen?detcurtsnoc?llaw?gniniater?enots?egral?a?osla?si?erehT.ytreporp?eht?ot?tnecajda?detcurtsnoc?yltnerruc?si?rettug?ro?,bruc?,klawedis?oN?.WN?evA?dr3?gnola?ytreporprieht?fo?egatno rf?eritne?eht?gnola?seitilicaf?nairtsedep?gnidivorp?rof?noitagilbo?eht?degdelwonkca?evahsrenwO?ehT?.atosenniM?,ytnuoC?detsmlO?,noisividbuS?snayR?,1?kcolB?,1?toL?dna?,noitiddA?nrehtroN,5?toltuO?fo?tra p?sa?debircsed?yllareneg?ytreporp?laer?eht?fo?srenwO?eht?era?nayR?yesleK?&?.W?nahtanoJ:evitarraN?tropeR.yaw?fo?thgir?WN?evA?dr3gnittuba?ytreporp?rieht?fo?egatnorf?eritne?eht?gnola?seitilicaf?nairtsed ep?fo?noitallatsni?eht?erusne?ot?nayRyesleK?&?.W?nahtanoJ?htiw?tnemeerga?ssecca?hcaorppa?yawevird?&?seitilicaf?nairtsedep?a?gnizirohtuA:detseuqeR?noitcA???32.FnayRyesleK?&?.W?nahtanoJ?-?tnemeergA?sse ccA?hcaorppAyawevirD?&?tnemeergA?seitilicaF?nairtsedeP NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE P 243 nayR?yesleK?&?.W?nahtanoJ?-?tnemeergA?sseccA?hcaorppA?yawevirD?&?seitilicaF?nairtsedeP:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanret lA.tnemeergA?sseccA?hcaorppA?yawevirD?&?tnemeergA?seitilicaF?nairtsedeP?tcejbus?eht?fo?gnidrocerdna?noitaraperp?eht?rof?641$?fo?eef?gnidrocer?dna?noitaraperp?tnemucod?a?stcelloc?skroW?cilbu 244 245 246 247 248 249 250 251 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 252.ytiugibmaeht?sevlos?dna?eldeen?eht?fo?tnemecalp?etarucca?rof?swolla?hcihw?,xarohtomuenp?desserpmoced?ehtmorf?ria?eht?ni?2OC?fo?ecneserp?eht?setacidni?ecived?eht?,yllacificepS?.noisserpmoced?gni rud?tnemecalpeldeen?tuoba?kcabdeef?emit-laer?,evitcejbo?,lausiv?sedivorp?taht?ecived?a?si?gnipoleved?si?.cnI?,ciremuenPtaht?noitulos?ehT?.sedaced?ni?tnemevorpmi?rojam?on?nees?sah?dna?suougibma?eb?nac ?sihT?.riassecxe?eht?fo?lavomer?eht?gnilangis?"ria?fo?hsug?a"?rof?gninetsil?dna?sbir?eht?neewteb?eldeen?a?gnitresni?sitnemtaert?dradnats?eht?,yltnerruC?.yletaidemmi?detaert?ton?fi?ytilataf?ot?sdael?d na?doolb?pmup?ylevitceffeot?traeh?eht?wolla?ton?seod?dna?ytivac?tsehc?eht?ni?dliub?ot?erusserp?swolla?hcihw?,llaw?tsehc?dna?gnuleht?neewteb?ecaps?eht?otni?skael?ria?nehw?srucco?taht?gnul?despalloc?a? 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tsil?tnemtsevni?detarelecca?no?stcejorP:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsi 701-241-5509 256 egals@forumcomm.coml 701-241-5509 257 egals@forumcomm.coml 701-241-5509 258 egals@forumcomm.coml 701-241-5509 259 egals@forumcomm.coml 5 260 WS TS 5WS TS 6WS TS 7WS TS 4WS TS 5WS TS 9WS TS 21WS TS 6WS TS 6WS TS 4WS TS 5S EVA YAWDAORBWS TS 5WS TS 21WS TS 4WS TS 21WS TS 5WS TS 01WS TS 8WS TS 6S EVA YAWDAORBWS TS 21WS TS 4WS TS 6WS TS 7WS TS 8WS TS 21WS TS 4WS TS 2/1 11WS TS 7WS TS 21WS TS 4ES TS 9WS TS 4WS TS 21WS TS 6WS TS 5WS TS 6WS TS 4WS TS 4WS TS 4WS TS 9WS TS 4WS TS 21WS TS 7WS TS 21WS TS 21WS TS 6WS TS 7WS TS 5S EVA YAWDAORBES TS 9ESTS4/101ESTS2/101ESTS11WS TS 7ES TS 21WS TS 4WS TS 8ES TS 4WSTS2/WS TS 6WS TS 5WS TS 01WS TS 9WS TS 21 looP dleiF sreidloS 952483949385737405344484431404 64545345652575355506631 5 261 WS TS 5WS TS 6WS TS 7WS TS 4WS TS 5WS TS 9WS TS 21WS TS 6WS TS 6WS TS 4WS TS 5S EVA YAWDAORBWS TS 5WS TS 21WS TS 4WS TS 21WS TS 5WS TS 01WS TS 8WS TS 6S EVA YAWDAORBWS TS 21WS TS 4WS TS 6WS TS 7WS TS 8WS TS 21WS TS 4WS TS 2/1 11WS TS 7WS TS 21WS TS 4ES TS 9WS TS 4WS TS 21WS TS 6WS TS 5WS TS 6WS TS 4WS TS 4WS TS 4WS TS 9WS TS 4WS TS 21WS TS 7WS TS 21WS TS 21WS TS 6WS TS 7WS TS 5S EVA YAWDAORBES TS 9ESTS4/101ESTS2/101ESTS11WS TS 7ES TS 21WS TS 4WS TS 8ES TS 4WSTS2/WS TS 6WS TS 5WS TS 01WS TS 9WS TS 21 looP dleiF sreidloS 952483949385737405344484431404 64545345652575355506631 slide 262 21 21 PROJECTSREVISED RC110-137-859924.v1 263of the City or $200,000.and other resolutions, if any, does not exceed the greater of 10% of the net tax capacityIn any year, the total amount of property taxes abated by the City by this (d)district.The Property is not, and willnotbe,located in a tax increment financing (c)public infrastructure and facilities.workers; and protect the general health and welfare of the community by maintaining who live and work in the Citytherebyimproving City-based employers’ ability to attract public infrastructure;benefit the Property by providingcertain park improvementsto those providing an amenity which preserves or enhances the value of nearby properties;finance the acquisition and construction of public facilitiesin the City;preserve the tax baseby Granting the Abatement is in the public interest because it will help finance(b)equal the costs to the City thereof. The Council expects the benefits to the City of the Abatement to at least (a)following findings:Findings for the Abatement. The City Council hereby makes the Section 2.with the Abatement Law.Abatement, and said hearing was preceded by published notice thereofin accordance On the date hereof, the Council held a public hearing on the question of the (b)(the “Property”).Exhibit Aidentification numbers on the attached property taxes (the “Abatement”) derived from the property described by property estimated not to exceed $20,000,000. The abatement will apply to the City’s share of the finance the Project. The proposed term of the abatement will be for up to20 years in an improvements. The City proposes to use property taxabatement pursuant to the Act to abatement with respect to various parcels of land that benefit from such park469.1812 through 469.1815, both inclusive(the “Act”) and (ii) authorize a property tax January 19, 2022, with tax abatement bonds authorized byMinnesota Statutes, Sections park improvements included in the accelerated projects list approved by the Council on without limitation the Soldiers Field Pool and improvements at Silver Lake Park and other The City proposes to (i) undertakecertain park improvements, including (a)Recitals.Section 1.as follows:BE IT RESOLVED By the Common Council of the City of Rochester, Minnesota (the“City”) Authorizing Property Tax Abatements. RESOLUTION RC110-137-859924.v1 264Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFAbatement Law.The Abatement shall be subject to all the terms and limitations of the (d)for the term authorized under this resolution.under this resolution will not exceed the estimated sum of Abatement from the Property $20,000,000. The maximum principal amount of bonds to be secured by Abatement The maximum amount of Abatement authorized under this resolution is (c)City receives from the Property, in an amount not to exceed $20,000,000.The City will abate the City’s share of the property tax amount which the (b)taxes payable in the years 2024through 2043, inclusive.The Abatement shall be for a up to a 20-year periodand shall apply to the (a)terms of the Abatement areas follows:Terms of Abatement. The Abatement is hereby approved. The Section 3. 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The Clerk, or for the purpose of Exhibit Aspecified in the Terms of Proposal attached hereto as 2.Meeting;Bid Opening.This Common Councilshall meet at the time and place solicit bids for the competitive negotiated sale of the Bonds.1.Authorization;Findings.The Common Councilhereby authorizes Baker Tilly MA to Minnesota, asfollows:NOW, THEREFORE, BE IT RESOLVED by the Common Councilof the City of Rochester, Subdivision 2(9).by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, as its independent municipaladvisor and is therefore authorized to sell these obligations WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC (“Baker Tilly MA”), January 19, 2022; andpark improvementsincluded in the accelerated projects list approved by the Council on including (i) the Soldiers Field Pool; (ii) improvements at Silver Lake Park; and (iii) other Tax Abatement Bonds, Series 2023A(the “Bonds”) tofinance certain park improvements, heretofore determined that it is necessary and expedient to issue its GeneralObligationWHEREAS, the Common Councilof the City of Rochester, Minnesota (the “City”) has Bonds, Series 2023A. Authorizing the Competitive Negotiated Sale of General Obligation Tax Abatement RESOLUTION 2 267Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF RC110-137-860539.v1 A-1 268 ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC TO NEGOTIATE THIS ISSUE EXHIBIT A RC110-137-860539.v1 *Preliminary; subject to change.269 Customer Support: (212) 849-5000Floor, New York, New York 10018 nd, 1359 Broadway, 2®PARITY, including any fee charged, may be obtained from:®control. Further information about PARITY, this Terms of Proposal shall ®If any provisions of this Terms of Proposal conflict with information provided by PARITYCity.is not an agent of the ®solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY®. The City is using the services of PARITY®delays or interruptions of or any damages caused by theservices of PARITYresponsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any shall be ®or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITYshall have any duty or Bond to undertake registration to bid for any prospective bidder or to provide ®its agents, nor PARITY. Neither the City, electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposalfor purposes of submitting its ®bidder shall be solely responsible for making necessary arrangements to access PARITYEach . ®shall constitute the official time with respect to all proposals submitted to PARITY®time as maintained by PARITY. For purposes of the electronic bidding process, the ®Proposals may also be received via PARITYElectronic Bidding.(b) ORby fax (651)223-3046, and must be received prior to the Sale Time. or bids@bakertilly.com Completed, signed proposals may be submitted to Baker Tilly MA by email to Sealed Bidding.(a) between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted.transmission selected by any bidder. All bidders are advised that each proposal shall be deemed to constitute a contract Time, andneither the City nor Baker Tilly MA shall be responsible for any failure, misdirection or error in the means of Baker Tilly MA will assume no liability for the inability of a bidder or its proposal to reach Baker Tilly MA prior to the Sale SUBMISSION OF PROPOSALScommencing at 7:00 P.M., Central Time, of the same day. will be opened and tabulated. Consideration for award of the Bonds will be by the Common Council at its meeting Street, Suite 3025, Saint Paul, MN 55101, after which time proposals th Municipal Advisors, LLC (“Baker Tilly MA”), 30 East 7on Monday, April 17, 2023 (the “Sale Date”) until 10:00 A.M., CentralTime (the “Sale Time”) at the offices of Baker Tilly Proposals for the above-referenced Bonds (the “Bonds”) will be received by the City of Rochester, Minnesota (the “City”) (BOOK ENTRY ONLY)GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2023ACITY OF ROCHESTER, MINNESOTA$12,660,000*TERMS OF PROPOSALBEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:THE CITY HAS AUTHORIZED BAKER TILLY MUNICIPAL ADVISORS, LLC TO NEGOTIATE THIS ISSUE ON ITS RC110-137-860539.v1 A 2 entities. © 2023 Baker Tilly Municipal Advisors, LLC.LLP trading as Baker Tilly is a member of the global network of Baker TillyInternational Ltd., the members of which are separate and independent legal Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm.Baker Tilly US, A -3 270 shall be at a price of par plus accrued interest. each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptionsto be redeemed. DTC willdetermine by lot the amount of each participant's interest in such maturity to be redeemed and If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. The City may elect on February 1, 2033, and on any day thereafter, to redeem Bonds due on or after February 1, 2034. OPTIONAL REDEMPTIONthe Bonds and, if applicable, will pay for registration services.The City will name the registrar which shall be subject to applicable SEC regulations. The City will name the Registrar for REGISTRARbe required to deposit the Bonds with DTC. and other nominees of beneficial owners. The lowest bidder (the “Purchaser”), as a condition of delivery of the Bonds, will transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registeredin the principalamount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and New York, New York, which will act as securities depository for the Bonds. Individual purchases of the Bonds may be made maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The BOOK ENTRY SYSTEMmust specify “Years of Term Maturities” in the spaces provided on the proposal form.redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal term bonds shall be subject to mandatory sinking fund redemption at a priceof par plus accrued interest to the date of Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All and the prices at which the proposal indicates the securities will be initially offered to the investing public.the original proposal. Gross spread for this purpose is the differential between the price paid to the City for the new issue modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the Bonds or the amount of any maturity or maturities in multiples of $5,000. In the event the amount of any maturity is The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of *$915,0002044$750,000 2039$610,000 2034$480,000 2029$880,0002043$720,000 2038$580,000 2033$455,000 2028$845,0002042$695,000 2037$555,000 2032$435,000 2027$810,0002041$665,000 2036$530,000 2031$415,000 2026$780,0002040$64 0,000 2035$505,000 2030$395,000 2025 The Bonds will mature in the years and amountsas follows:commencing February 1, 2024. Interest will be computed on the basis of a 360-day year of twelve 30-day months.The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August1 of each year, DETAILS OF THE BONDS RC110-137-860539.v1 A -4 271 maturity, to each separate CUSIP number within that maturity) has been sold to the public and the priceat which it was shall advise the City and Baker Tilly MA if 10% of any maturity of the Bonds (and, if different interest rates apply within a Within twenty-four (24) hours of the notice of award of the sale of the Bonds, the Purchaser cancellation or withdrawal.In such event, any proposal submitted will not be subject to time of award of the sale of the Bonds to the Purchaser. If all of the requirements of a “competitive sale” are not satisfied, the City shall advise the Purchaser of such fact prior to the compliance with the provisions of the Code and the Regulation regarding the initial sale of the Bonds.agreement, or other agreement to which it is a party relating to the initial sale of the Bonds, to include provisions requiring submitting its proposal, the Purchaser confirms that it shall require any agreement among underwriters, a selling group specified in the proposal. The Purchaser shall constitute an “underwriter” as said term is defined in the Regulation. By Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, as true interest cost, as set forth in this Terms of Proposal (See “AWARD” herein).the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal with the lowest(iv)reputations for underwriting municipal bonds such as the Bonds; andthe City reasonably expects that it will receive bids from at least three bidders that have established industry (iii)all bidders shall have an equal opportunity to submit a bid; (ii)reasonably designed to reach potential bidders;the City shall cause this Terms of Proposal to be disseminated to potential bidders in a manner that is (i)in the Regulation based on the following:The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a “competitive sale” as defined documentation to be received by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA.price; and (iii) pricing wires or equivalent communications supporting such offering or sale price. Any action to be taken or offering price to the “public” (as said term is defined in Treasury Regulation Section 1.148-1(f) (the “Regulation”)) or the sale maturity, to each separate CUSIP number within that maturity): (i) the interest rate; (ii) the reasonably expected initial Price Certificate”) containing the following for each maturity of the Bonds (and, if different interest rates apply within a prior to the closing date, a written certification in a form acceptable to the Purchaser, the City, and Bond Counsel (the “Issue required to assist the City in establishing the issue price of the Bonds and shall complete, execute, and deliver to the City 1986, as amended, and the Treasury Regulations promulgated thereunder (collectively, the “Code”), the Purchaser will be In order to provide the Citywith information necessary for compliance with Section 148 of the Internal Revenue Code of ESTABLISHMENT OF ISSUE PRICE date of the Bonds to the date of maturity. No conditional proposals will be accepted.maturity as stated on the proposal must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting Bonds. Proposals shall be for not less than $12,660,000 (Par) plus accrued interest, if any, on the total principal amount of the BIDDING PARAMETERS Revenue Code of 1986, as amended.The City will not designate the Bonds as qualified tax-exempt Bonds for purposes of Section265(b)(3) of the Internal NOT BANK QUALIFIED TAX-EXEMPT BONDSSilver Lake Park; and (iii) other park improvements. Bonds. The proceeds of the Bonds will be used to finance certain park improvements, including (i) Soldiers Field Pool; (ii) general ad valorem taxes. In addition, the City will pledge available tax abatement revenue for repayment of a portion of the The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct SECURITY AND PURPOSE RC110-137-860539.v1 A -5 272 CUSIP identification numbers shall be paid by the Purchaser.implemented by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the assignment of the Purchaser to accept delivery of the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to Rule G-34 failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the Bonds; however, neither the CUSIP NUMBERSdeterminesto have failed to comply with the terms herein.of proposals and award of the Bonds, (ii)reject all proposals without cause, and (iii)reject any proposal that the City The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt proposal, in accordance with customary practice, will be controlling.calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis AWARDthe Purchaser fails to comply with the accepted proposal, said amount will be retained by the City.accrue to the Purchaser. The amount ofthe Depositwill be deducted at settlement from the purchase price. In the event Once an award has been made, the Deposit received from the Purchaserwill be retained by the Cityand no interest will released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies.successful bidder must send an e-mail including the following information: (i) the federal reference number and time time. Wire transfer instructions will be available from Baker Tilly MA following the receipt and tabulation of proposals. The A Deposit will be considered timely delivered to the City upon submission of a federal wire reference numberby the specified the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to suchin the receiptof the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject be solely responsible for the timely delivery of itsDeposit, and neither the Citynor Baker Tilly MAhave any liability for delays City in the amount of $126,600 (the “Deposit”) no later than 2:00 P.M., Central Timeon the Sale Date. The Purchaser shall To have its proposal considered for award, the Purchaser is required to submit a good faith deposit via wire transfer to the GOOD FAITH DEPOSITas to each maturity of the Bonds or until all of the Bonds of a maturity have been sold.and Baker Tilly MA notified of such prices whether or not the closing date has occurred, until the 10% test has been satisfied the prices at which 10% of such maturities are sold to the public; provided such determination shall be made and the City maturities. If the Purchaser does not exercise that option, it shall thereafter promptly provide the City and Baker Tilly MAsuch option, the City will apply the initial offering price to the public provided in the proposal as the issue price forsuch offering-price” requirement for the remaining maturities, but the Purchaser may elect such option. If the Purchaser exercises City will not require the Purchaser to comply with that portion of the Regulation commonly described as the “hold-the-sold. The City will treat such sale price as the “issue price” for such maturity, applied on a maturity-by-maturity basis. The RC110-137-860539.v1 A -6 273 City Clerk/s/Kelly GeistlerBY ORDER OF THECOMMON COUNCILDated March 20, 2023members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member.is accepted by the City, (i)it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate of distributing the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal Purchaser an electronic copy of the Final Official Statement. The City designates the Purchaser as its agent for purposes the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide to the amounts, and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal . https://connect.bakertilly.com/bond-sales-calendarStatement will also be made available at . The Preliminary Official bids@bakertilly.comBaker Tilly Municipal Advisors, LLC, by telephone (651)223-3000, or by email or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, of Rule15c2-12 of the Securities and Exchange Commission. For an electronic copy of the Preliminary Official Statement Bonds, and said Preliminary Official Statement has been deemed final by the City as of the date thereof within the meaning The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the OFFICIAL STATEMENTto delivery of the Bonds.The Purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, CONTINUING DISCLOSURECity by reason of the Purchaser's non-compliance with said terms for payment.made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the designee not later than 12:00Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Kennedy & Graven, Chartered of On or about May 18, 2023, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. 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B?.lla?yb?esu?rof?elbaliavaera?dna?ot?tifeneb?a?era?sklawedis?sa?,ytinummoc?eht?fo?noitrop?retaerg?a?gnoma?noitubirtsid?a?ot?renwoytreporp?tnecajda?eht?morf?stnemecalper?dna?sriaper?klawedis?fo?tsoc? eht?sngissaer?margorp?DIS?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsi N 276 teehS?ataD?tegduB5274J?tcejorP?tcirtsiD?tnemevorpmI?klawediS?3202-tcartnoC?fo?mroF?dradnatS8202ot?4202?morf?detcelloC?eb?ot?setaR?dna?4-ES?tcirtsiD?tnemevorpmI?klawediS?gnihsilbatsE?-?noitulose RtcirtsiD?tnemevorpmI?klawediS?3202?-?noitatneserP:stnemhcattA dnaltejF?hsoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.gnidnuf?noitisnarT?ADA?fo?052,138$?dna ?yvel?xat?fo?000,052$?detegdub?eht?nihtiw?detelpmoc?krow?ehtezimixam?ot?rotcartnoc?rehtona?ro?kcaZ-iT?htiw?krow?ot?snalp?skroW?cilbuP?os?,slatot?detegdub?eht?nevedeecxe?aera?tcejorp?eht?nihtiw?sedarg pu?pmar?nairtsedep?dna?tcirtsiD?ES?eht?fo?edistuo?sriaper?klawedisrof?sdeeN?.tegdub?noitcurtsnoc?desoporp?eht?naht?ssel?si?kcaZ-iT?htiw?tcartnoc?laitini?eht?os?,tegdubwoleb?era?tcirtsiD?ES?eht?fo?edi stuo?sriaper?dna?sedargpu?pmar?nairtsedep?rof?smeti?enil?tcartnoc?ehT?.sexat?ytreporp?no?stnemyapDIS?tcelloc?ot?ytnuoC?detsmlO?ot?diap?seef?sedulcni?CIE?ehT?.tsoc?tcejorp?latot?eht?fo?%91?si?hcihw,)C IE(?seicnegnitnoC?dna?,tseretnI?,gnireenignE?ni?31.542,254$?sniatnoc?tcejorp?ehT?.31.577,993,2$si?tegdub?noitcurtsnoc?desoporp?latot?ehT?.000,665,2$?saw?tcejorp?siht?rof?etamitsE?s'reenignE?ehTtcejor P?latoT?551,282$?-?latotbuS 000,052$?-?)5664J(?nalP?noitisnarTADA?launnA?dna?)7038J(?margorP?klawediS?launnA?rof?tnemtolla?)PIC(?nalP?tnemevorpmI?latipaC?3202551,23$?-?)4056J(?dnuF?ytilitU?retaW?mrot S?.tcirtsiD?ES?eht?edistuo?stcefed?klawedis?riaper?ot?desu?eb?lliw?yvelxat?PIC?3202?eht?dna?noitcurtsnocer?pmar?nairtsedep?yb?detcapmi?serutcurts?retaw?mrots?ecalper/riaperot?desu?eb?lliw?sdnuf?retaw ?mrots?ehT?.woleb?secruos?eht?morf?gnidnuf?sedulcni?osla?tcejorp?ehTsecruos?gnidnuf?rehtO?72355.5041$11.182$0.6seitilicafnairtsedep?htiw:laitnediseR-no Sidewalk Improvement District 277 March 20, 2023 City Council Meeting 4 -SE 201 4 278 1-SE 4Project Area &DistrictImprovement SE Sidewalk www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 279 idewalk defects outside the SE District.S•Tax Levy and ADA Transition funding.Sidewalk Project 2023250,000 (Budget) in $•Taxy Levy•ramp reconstructiontorm water structures impacted by pedestrian S•$32,155.00 Storm Water Utility Fund (J6504)•SID Fees•(Actual)CostCollectionCounty$76,130•)ADA Transition (Budget$799,095 •Sidewalk Defects (Actual)1.24M $•SID Fees•2023 Project Funding www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 280 Policy change to add “Local Public” SID Category•Avoids “double hit” to general taxpayers•Keeps public parcels participating, but at costs in the same range as previous program•Golf CoursePublic SchoolFlood ControlPublic CountyRetention Pond/DrainPublic MunicipalParkland1.0 for following public parcel Land Use Codes:-6.0 to 0.5-Revise multipliers from 3.0•Recommended change (included):•Included: Multipliers, 50% discounts for lack of sidewalk, exclusions for recent recorded sidewalk work•$0.00Participating-Non$281.11$310.55$333.00Residential-Non$141.56$156.28$16 6.50Residential (no sidewalk)-Non$48.52$53.43$57.00Residential$25.26$27.71$28.50Residential (no sidewalk)ActualJan 2023 EstimateNov 2022 Projection (avg)SID Category Annual SID Fees www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 281 owners with a recorded defect.“What to Expect” postcard to property •Still coming:•LicensingOlmsted County Property Records & Records Industry Association (PRIA), Alliance, RNeighbors, Property Commerce, Rochester Downtown Rochester Area Chamber of -Outreach to Community Partners •and FAQ documentprogram information, estimated rates Mailers to district property owners with •Somaliand Materials provided in English, Spanish, •specific webpage-SID•Completed to date:•Educational & Awareness Efforts www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 282 HEREYOU ARE April 2023–Approving Intergovernmental Agreement with Olmsted County •April 2023–“Local Public” Revision to SID Policy Approving •March 20, 2023–Awarding the 2023 Project •2023March 6, –First Public Comment at Council Meeting •February 1, 2023–SID Policy Effective •January 23, 2023–Authorized to Bid the 2023 project •January 23, 2023–Updates to SID and Assessment Policies •December 5 and January 9–Ordinance Readings •November 15, 2022–Launched Education and Awareness Plan •November 14, 2022–Approved Sidewalk Improvement District Program •SID Transition www.rochestermn.govStreet SE, Rochester, MN 55904 th 201 4 283-in 2024added to property tax statements 4 and SID fees to be -(SID) SESidewalk Improvement District Adopting resolution establishing •amount of $1,743,489.32.Zack Concrete, Inc. in the -TiAwarding construction contract to •Actions www.rochestermn.govStreet SE, Rochester, MN 55904 th RESOLUTION284attached figure andgenerally described as:Sidewalk Improvement District SE-4, shown in the BE IT FURTHER RESOLVED thatshall be deemed to have abandoned the same; andafter 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 ; andProject No. J47252023 Sidewalk and Pedestrian Ramp Improvements SE District 4-1 -improvements: is authorized for the following approved local Ti-Zack Concrete, Inc.,for construction with is hereby accepted and execution of the standard City contract $1,743,489.32that the bid of NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester assessed to parcels within each District.WHEREAS, implementation of the program also requires establishment of the rates focused; andAreas within Districts where annual repair and replacement of City sidewalks will be WHEREAS, implementation of theprogram also requires establishment of the Project contributing to annual repair and replacement of City sidewalks; andWHEREAS, implementation of the program requires establishment of the Districts responsible bidder; andWHEREAS, it appears that Ti-Zack Concrete, Inc. is the lowest responsiveand $2,291,800.00; andLegends Concrete, IncDoyle Conner Co$1,743,489.32Ti-Zack Concrete, Inc.the following bids were received complying with the advertisement:, Sidewalk and Pedestrian Ramp Improvements SE District 4-1 -Project No. J47252023 WHEREAS, pursuant to an advertisement for bids for the following improvement(s): annual repair and replacement of City sidewalkson November 14, 2022; andThe City Council adopted the Sidewalk Improvement DistrictProgram for the WHEREAS,and establishing rates to be collected from 2024 to 2028.establishing Sidewalk Improvement District SE-4,District 4-1 -Project No. J4725,Awarding Contract for 2023 Sidewalk and Pedestrian Ramp Improvements SE Parcels within City limits starting at the northeast corner of Mayo Field, following 285$0.00Non-Participating$281.11Non-Residential$141.56Non-Residential(without sidewalk)$48.52Local Public$48.52Residential$25.26Local Public (without sidewalk)$25.26Residential(without sidewalk)the following annual rates from 2024 to 2028:Public SchoolPublic CountyPublic MunicipalGolf CourseFlood ControlRetention Pond/DrainParklandincluded in a Sidewalk Improvement District Category named “Local Public”:BE IT FURTHER RESOLVED that the following Olmsted County Land Used Codes will be construction season.is established as the project are for sidewalk replacements and repairs for the 2023 the northeast corner of Mayo Fieldand following the Destination Medical Center boundary north and east back to Broadway Ave, then north on Broadway Ave to 9 ST SE, then east on9 ST SE AVESE, then southeast on 15 AVE SE to Hwy 14, then west on Hwy 14 to then following 4 ST SE eastto 13 AVE SE, then following 13 AVE SEsouthto 15 the CP Railroad east to 11 AVE NE, then following 11 AVEsouth to 4 ST SE, Parcels within City limits starting at the northeast corner of Mayo Field, following generally described as: BE IT FURTHER RESOLVED that Project Area SE 4-1, shown in the attached figure andassessed to participating parcels in the District from 2024 to 2028.is established for sidewalk replacements and repairs to be completed in 2023 and FieldMedical Center boundary north and east back to the northeast corner of Mayo Ave north to 9 ST SE, then east on 9 ST SE and following the Destination Hwy 63, then following Hwy 63 north to Hwy 52, then continuing on Broadway the CP Railroad east to City Limits, then following City Limits south and west to 286 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF287Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVEDTHIS _____ DAY OF ______________________, 2023.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. CITY OF ROCHESTER, MINNESOTA288Corporate 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.Plans and drawings which are attached to the Specifications 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 $1,743,489.32of 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 .November 20, 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.2023 Sidewalk and Pedestrian Ramp Improvements SE District 4-1 -Project No. J4725Minnesota 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 Zack Concrete, Inc, 39352 221 AVE, Le Center MN, 56057Ti-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 2023 Sidewalk and Pedestrian Ramp Improvements SE District 4-1 -Project No. J4725289Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitl eByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.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 3/9/2023 290 Completion DateProject Substantial 2023 Sidewalk and Pedestrian Ramp Improvements SE District 4-1 Date of OriginationTOTAL Additional ADA Transition and Tax Levy Construction BudgetEngineering, Interest, Contingencies, County FeesPedestrian Facilities (550)Storm Sewer (450)Water (150)TOTALCOUNCIL ACTION DATETOTAL 100.0%100.0%0.0%Transition Plan (J4665)9.5%10.4%Program (J8307) and Annual ADA 2023 CIP Allotment for Annual Sidewalk Storm Water Utility Fund (J6504)1.4%1.3%54.9%57.0%SID fees (Sidewalk Repairs)33.3%32.1%SID fees (Ped Ramps)FUNDING DISTRIBUTION PERCENTAGE $ - $ 2,399,775.13 $ 2,566,000.00Transition Plan (J4665)245,000.00250,000.00Program (J8307) and Annual ADA 2023 CIP Allotment for Annual Sidewalk 32,155.0035,000.00Storm Water Utility Fund (J6504)1,318,525.131,462,000.00SID fees (Sidewalk Repairs)SID fees (Ped Ramps)FUNDING DISTRIBUTION $ - $ 2,399,775.13 $ 2,566,000.000.000.001,743,489.322,566,000.001,670,854.322,518,500.0065,760.0035,000.006,875.0012,500.00 CONSTRUCTION COSTSFINALCONTRACTREPORTFEASIBILITY 03/06/2301/23/2311/20/23 Description:07/18/ 22CIP Project No.: Type: State Aid No.4722 J No.Capital Improvement Information:Project No.CityProject Inspector:Ti-Zack Concrete, Inc Contractor:CityEngineering Firm:Josh FjetlandProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT M 291?.ytisrevid?gnisuoh?gnidnapxe?dna?;ytilibaniatsuslacsif?gnizisahpme?fo?slapicnirP?eroC?nalP?evisneherpmoC?eht?seveihca?tnemdnemA??gninoZ?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP?.snrecnoc?detaler?ciffart?desserpxe?cilbup?eht?fo?srebmem?owt?dna?,noitacilppa?gninozer?eht?fo?troppus?niekops?cilbup?eht?f o?rebmem?eno?gniraeh?cilbup?eht?gniruD?.omeM?tnempoleveD?ytinummoC?dehcatta?ehtni?deifitnedi?sgnidnif?eht?no?desab?,tnemdnema?eht?fo?lavorppa?dednemmocer?ot?0-8?detov?noissimmoCgninnalP?eht?,gniteem? ,3202?,51?yraurbeF?eht?tA?.tnemdnemA?paM?gninoZ?eht?fo?lavorppa?dednemmocertnemtrapeD?tnempoleveD?ytinummoC?eht?dna?noissimmoC?gninoZ?dna?gninnalP?retsehcoR?ehT?.devorppa?si?tnemdnemA?paM?gninoZ?eht? fi?weiverevitartsinimda?na?rof?dettimbus?eb?lliw?nalp?etis?tcejorp?tnempoleved?ylimaf-itlum?a?taht?detapicitna?si?tI??.sretneclaicremmoc?ybraen?dna?,shtap?gniklaw?dna?sklawedis?,ecaps?nepo?dna?skrap? ,tnempoleved?laitnediserrehto?yb?dednuorrus?si?aera?ehT?.noitangised?esU?dnaL?detneirO?tisnarT?esU?dexiM?s'etis?eht?dnaaera?gnidnuorrus?eht?htiw?elbitapmoc?erom?si?tcirtsid?gninoz?4R?desoporp?ehT?.tn empoleved?laitnediseryb?ylegral?dednuorrus?gnieb?etipsed?,sesu?laicremmoc?dna?lairtsudni?thgil?stimrep?yltnerruc?taht?etis?llifnina?no?ytisned?laitnediser?lanoitidda?timrep?lliw?tcirtsid?gninoz?laitn ediser?ytisned?hgih?a?ot?tnemdnema?ehT??.)laitnediser?ytisned?hgih(?4R?ot?)lairtsudni?thgil(?IL?morf?etis?erca9.1?a?no?noitangised?tcirtsid?gninoz?eht?egnahc?ot?tnemdnemA?paM?gninoZ?a?sesoporp?tnacil ppa?ehT:evitarraN?tropeR?.)laitnediser?ytisned-hgih(?4R?ot?,)lairtsudni?thgil(IL?morf?,WN?evA?11?003?ta?detacol?,etis?erca?9.1?a?no?noitacifissalc?pam?gninoz?eht?dnema?ot?,ynapmoCworP?ehT?yb?,CZ100-3 202DC?.oN?tnemdnemA?paM?gninoZ?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR:detseuqeR?noitcA???1.JynapmoC?worPehT?yb?CZ100-3202DC.oN?tnemdnemA?paM?gninoZ NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNES ERPsgnidaeR?tsriF?ecnanidrO:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE ?292 stalF?yrekaB?CZ100-3202DC?-?ecnanidrO:stnemhcattA asoS?nosillA:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?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??????lavorppA?dna?gniraeH?cilbuP?licnuoC?ytiC?:3202?,6?hcraMsrobhgien?ot?tnes?dna? repapswen?ni?dehsilbup?gniraeH?cilbuP?licnuoC?ytiC?fo?ecitoN?:3202?,52?yraurbeFgniraeH?cilbuP?noissimmoC?gninnalP?:3202?,51?yraurbeFgniteeM?lanoitamrofnI?tnempoleveD?:3202?,21?yraunaJ:tnemegagnE?ytin ummoC?&?snoitcA?evitalsigeL?roirP?? 293 its publication.effective upon the date of EFFECTIVE DATE. This ordinance shall become .2Section Recorder’s Office, Olmsted County, Minnesota.Lot 1, Block 1, CIVIC CENTER PLAZA FIRST, according to the plat thereof on file at the County 4-R g described lands to the district indicated: followinestablishing the various zoning districts and boundaries thereof is amended by rezoning the 4478 Ordinance No. The Zoning Map of the City of Rochester as adopted by said amended as follows:of the City of Rochester, Minnesota, is hereby further Unified Development Code known as the as amended, 4478Ordinance No. Upon public hearing duly noticed and held, Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: ROCHESTER, MINNESOTA.CITY OF UNIFIED DEVELOPMENT CODE , KNOWN AS THE 4478ORDINANCE NO. AMENDING AND HIGH DENSITY RESIDENTIAL 4-RTHE TO INDUSTRIALLIGHT 1-LFROM OF LAND CRES A 1.9APPROXIMATELY ORDINANCE REZONING ORDINANCE NO. ______ 294 ZC.docx100-3CD202\\20Ord Minnesota)Rochester, (Seal of the City of MAYOR OF SAID CITY ___________________________________ .32APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK ATTEST: __________________________ COMMON COUNCIL PRESIDENT ___________________________________ .32ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 20 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF 2 M 295 llams?rof?ecaps?edivorp?netfo?hcihw?seitreporp?laicremmoc?rellams?eseht?evreserp?dluow?tcirtsid?sihtfo?noitaerc?eht?,ylevitanretlA?.edoC?tnempoleveD?deifinU?eht?ni?dezirohtua?sthgir?tnempoleved ?fo?refsnartwen?eht?gnidulcni?,smargorp?ecnatsissa?laicnanif?gnitsixe?lareves?deifitnedi?sah?tnempoleveD?ytinummoC,siht?etagitim?oT?.srenwo?ytreporp?tcapmi?yllacsif?yam?tnempoleved?wen?erutuf?dna?tsi xe?dluow?)tcirtsida?nihtiw?eno?ro(?seitreporp?fo?noitilomed?ro?noitaretla?eht?rof?stnemeriuqer?lanoitiddA?.seinapmoc?regraldna?,srenwo?ssenisub?llams?,srepoleved?etatse?laer?fo?stsisnoc?tcirtsid?deso porp?eht?nihtiw?pihsrenwO?.margorP?noitavreserP?egatireH?eht?fo?enotsrenroc?ehtsi?hcihw?,noitangised?kramdnal?fo?stcepsa?lla?era?secruoser?gnivresnoc?dna?,edirp?civic?gniretsof?,htworgcimonoce?gnitca rtta?,secaps?cilbup?tnarbiv?gnitaerc?elihw?,ytilibaiv?cimonoce?&?retcarahc?euqinu?s'ytiC?ehtgnitomorp?fo?sesoprup?eht?rof?seitreporp?cirotsih?gnitcetorP?.stnemnorivne?ytilauq-hgih?edivorp?ot?noisiveh t?fo?trap?sa?,S2P?,nalP?evisneherpmoC?ytiC?ehT?ni?deifitnedi?si?margorP?noitavreserP?egatireH?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?se itiroirP.noitseuq?ycilop?redaorb?eht?fo?noissucsid?evitnatsbus?eb?ton?dluow?ereht?,sliaf?elbat?ehtmorf?meti?eht?evomer?ot?noitom?a?fI??.tcirtsiD?cirotsiH?eht?no?noitca?ekat?dna?noitaredisnoc?ycilop?r edaorbeht?fo?stirem?eht?ssucsid?neht?dluoc?licnuoC?eht?,sessap?meti?eht?evomer?ot?noitom?a?fI??.ssenisubdelbat?morf?meti?eht?evomer?ot?ton?ro?rehtehw?enimreted?ot?eb?dluow?noitca?tsrif?eht?,yllarudec orP?.tcirtsid?eht?gnivorppa?fo?stirem?eht?ssucsid?ot?,devomer?fi?,ytinutroppo?eht?edivorp?neht?dluow?hcihw,elbat?eht?ffo?meti?siht?evomer?ot?ytinutroppo?larudecorp?eht?ni?detseretni?era?yeht?detacidn i?licnuoC.tcirtsid?cirotsih?laicremmoc?nwotnwod?a?fo?noitangised?kramdnal?desoporp?a?fo?noissucsid?eht?gnilbatecnis?nekat?snoitca?no?licnuoC?ot?etadpu?na?dedivorp?tnempoleveD?ytinummoC?,3202?,31?yrau rbeF?nO:evitarraN?tropeR?.deredisnoc?eb?tonnac?2?noitcA?,dnocesa?eruces?ot?eruliaf?ro?,eyA?gnitov?ytirojam?a?fo?kcal?yb?rehtie?liaf?1?noitca?dluohS?.rucco?yam?noissucsid?ycilopyna?erofeb?etov?ytiroja m?elpmis?a?yb?"elbat?eht?morf?devomer"?eb?tsum?"meti"?ycilop?lareneg?ehT?:etoN?s'krelC??.tcirtsiD?cirotsiH?laicremmoC?nwotnwoD?a?fo?noitangiseD?kramdnaL?gniredisnoC?.2.elbat?eht?morf?noitangiseD?kram dnaL?-?tcirtsiD?cirotsiH?laicremmoC?nwotnwoD?eht?gnivomeR?.1:detseuqeR?noitcA???1.LnoitangiseDkramdnaL?-?tcirtsiD?cirotsiH?laicremmoC?nwotnwoD NOITCA?ROF?TSEUQER nergdnuL-nosrettaP?ylloM:RETNESERPsme tI?delbaT:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO3202?,02?hcraM:ETAD?GNITEE e 296 noitangiseD?cirotsiH?tcirtsiD?laicremmoC?-?ydutSetadpU?noitavreserP?egatireH?-?noitatneserP?noisses?ydutS?,3202?,31?yraurbeF:stnemhcattA nergdnuL-nosrettaP?ylloM:yB?deraperP.eussi?ycilop?redaor b?eht?gnissucsidrehtruf?ton?dna?,elbat?eht?morf?ti?gnivomer?ton?yb?delbat?meti?eht?evael?ot?hsiw?yam?licnuoC?ehT?.2.noisseS?ydutS?,3202?,31?yraurbeFeht?ta?desiar?seussi?ssucsid?rehtruf?dna?elbat?eht? ffo?meti?eht?ekat?ot?hsiw?yam?licnuoC?ehT?.1:)s(noitcA?evitanretlA.noitca?siht?morf?tegdub?ytiC?eht?no?stcapmi?lacsif?tcerid?on?era?erehT:tcapmI?ecruoseR?&?lacsiF etadpU?CPH?:3202?,82?yraurbeFnoitatn eserP?noisseS?ydutS?licnuoC?:licnuoC?ytiC?:3202?,31?yraurbeFsrenwO?ytreporP?neetneves?ot?liamE?:3202?,01?yraurbeFtcirtsiD?desoporP?no?noitatneserP?)ADR(?ecnaillA?nwotnwoD?retsehcoR?:1202?,62?hcraM)sg niteem?,sliam-e?,sllac?enohp?,srettel(?srenwO?ytreporP?ot?hcaertuO?:0202?hcraM?-?9102?rebmeceDnoitangiseD?fo?gnilbaT?&?weiveR?:licnuoC?ytiC?:9102?,61?rebmetpeSnoitangiseD?dednemmoceR?fo?weiveR?:licnu oC?ytiC?:9102?,71?enuJnoitadnemmoceR?&?gniraeH?cilbuP?CPH?:9102?,82?yaMesuoh?nepo?)CPH(?noissimmoC?noitavreserP?egatireH?:9102?,92?lirpA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tnempoleveD?y tinummoC?yb?deredisnoc?gnieb?si?srovaedneeseht?troppus?ot?ecnatsissa?laicnanif?lanoitiddA?.gnisuoh?tsoc-wol?dna?sessenisub?lairuenerpertn 2/8/2023 297 2 City Council Considerations District was tabled in 2019. Historic Commercial Downtown City Council is being updated on projects completed since the SLIDE February 13, 2023 HERITAGE PRESERVATION UPDATE–STUDY SESSION 1 2/8/2023 298 4 Downtown Commercial District property owners. The City Council also asked for a recommendation of Program of Assistance for o properties. a clear process for the review of proposed alterations for designated Create o property designation. City Code language that lacked clarity in processes to review proposed Revise o Further define the role of heritage preservation and how it relates to City priorities. o actions.beyond property designation and that identified goals, strategies and timeline for a comprehensive heritage preservation program that identified strategies Develop o several needs, including:tabling based on personnel recommended September, 2019. City tabled by City Council in and HPC by andmark designation lfor recommended The Downtown Commercial Historic District was SLIDE3 P2S ALIGNMENTAND CITY COUNCIL PRIORITY 2 2/8/2023 299 6 Downtown Commercial District property owners. The City Council also asked for a recommendation of Program of Assistance for o properties. a clear process for the review of proposed alterations for designated Create o property designation. City Code language that lacked clarity in processes to review proposed Revise o Further define the role of heritage preservation and how it relates to City priorities. o actions.beyond property designation and that identified goals, strategies and timeline for a comprehensive heritage preservation program that identified strategies Develop o several needs, including:tabling based on personnel recommended September, 2019. City tabled by City Council in and HPC by andmark designation lfor recommended The Downtown Commercial Historic District was SLIDE5 Heritage Preservation Plan SLIDE 3 2/8/2023 300 8 Downtown Commercial District property owners. The City Council also asked for a recommendation of Program of Assistance for o properties. a clear process for the review of proposed alterations for designated Create o property designation. City Code language that lacked clarity in processes to review proposed Revise o Further define the role of heritage preservation and how it relates to City priorities. o actions.beyond property designation and that identified goals, strategies and timeline for a comprehensive heritage preservation program that identified strategies Develop o several needs, including:tabling based on personnel recommended September, 2019. City tabled by City Council in and HPC by andmark designation lfor recommended The Downtown Commercial Historic District was SLIDE Allow for Transfer of Development Rights as a benefit •Standardization of Process’•Development Code in Single Location•2023 UDC Adoption Cited for Decision Making Priorities City •Certificate of Appropriateness–Alterations ReviewSimplified •Sequential Process. –Ordinance Reorganization •2021 Ordinance Amendments 7 Ordinance/Code Revisions SLIDE 4 2/8/2023 301 10 Downtown Commercial District property owners. The City Council also asked for a recommendation of Program of Assistance for o properties. a clear process for the review of proposed alterations for designated Create o property designation. City Code language that lacked clarity in processes to review proposed Revise o Further define the role of heritage preservation and how it relates to City priorities. o actions.beyond property designation and that identified goals, strategies and timeline for a comprehensive heritage preservation program that identified strategies Develop o several needs, including:tabling based on personnel recommended September, 2019. City tabled by City Council in and HPC by andmark designation lfor recommended The Downtown Commercial Historic District was SLIDE Review/approval process•Application requirements•Sources for specific project types•requirementsDifferent options for meeting •Explains o Applies to all kinds of properties o Rochester Foundational PrincipalsProvides for review which considers o Adoption o 9 Design Guidelines SLIDE 5 2/8/2023 302 12 Downtown Commercial District property owners. The City Council also asked for a recommendation of Program of Assistance for o properties. a clear process for the review of proposed alterations for designated Create o property designation. City Code language that lacked clarity in processes to review proposed Revise o Further define the role of heritage preservation and how it relates to City priorities. o actions.beyond property designation and that identified goals, strategies and timeline for a comprehensive heritage preservation program that identified strategies Develop o several needs, including:tabling based on personnel recommended September, 2019. City tabled by City Council in and HPC by andmark designation lfor recommended The Downtown Commercial Historic District was SLIDE Fund for Sacred Places National o GrantDevelopment Block o CreditTax Housing o Program Grant Street Economic Revitalization Main o CreditFederal Historic Tax o(RDA)Façade Improvement Grant o City Tax Increment Financing (TIF)o Transfer of Development Rights o 11 Assistance Program SLIDE 6 2/8/2023 303 review in 2020)Building Project (initial HPC & Council Approval of Olmsted County Bank o(location of 3 properties on inventory) Hospital property study for State historic –application 2022 Successful grant o Approved by HPC in 20226 Certificates of Appropriateness o a landmark Plant) designated (Silver Lake Power 1 list 2022, landmark of 5 properties from potential Removal o“Challenged List” cleared in 2021 o 14 Cont. Other Heritage Preservation Updates SLIDE future meeting. City Council may choose to take this off the table at 2019 Landmark Designation Process Downtown Historic District 13SLIDE 7 2/8/2023 304 QUESTIONS? or permitted at federal levelfundedSoldiers Field Memorial Park review* o Soldiers Field Memorial Park Planning o landmark designation of Silver Lake ParkEvaluation & HPC recommendation for o Silver Lake Park Planning o Link Rapid Transit Line review *o Theater*Approval for restroom project at Chateau o 15 Other Heritage Preservation Updates SLIDE 8 City of Rochester 305 February 2019 ster Downtown Commercial Historic DistrictRoche Local Historic Designation Study City of Rochester Local Historic Designation Study 306-4140 843(612) fritz@pvnworks.com ludt@pvnworks.com Laurel FritzorTamara Halvorsen Ludt For questions and comments: www.pvnworks.com-4140 843(612) Minneapolis, Minnesota 55414 215 Ninth Street Southeast, Suite 575PVN By: BSvenby@rochestermn.govAttn: Brent Svenby, Senior Administrative Analysts, 55904 MNRochester, Street Southeast, Room 266 th 4201City Hall City of Rochester Prepared for: 9 Final February, 201 Revised 2018 October, ed Revis 2018June, sed Revi 2018March, Revised 2018January, Revised December, 2017 Rochester, Minnesota Rochester Downtown Commercial Historic District Table of Contents 307 39 )Saloon ouncil Cnson/The Hand aBaker( outh Svenue ABroadway 321-319) otel Hershop/Bjerring Barbrring BjeA.J.( South venue Aroadway B318 ompany) Cusic MBach( outh Svenue ABroadway 317-315 ck) Bloo./Palace CPaine F.J. (outh Svenue ABroadway 313-311 o.) CPaine. F.J( outh Svenue Aroadway B309 ardware) Hdler Ad anClausen( outh Svenue Aroadway B307) Dayton's?Department?Store( outh Svenue AroadwayB 195?District?Map 83 36 35 34 33 2 3 1 3 30 AssessmentsIndividual Property Part 4 25 Other Considerations 23 Evaluation 22 reservation Peritage H:4-7 hapter Crdinance Oof Rochester City 22 Rationale for Local Landmark District Designation Part 314 1962-469Rochester’s Commercial Core: 1 8 1945-Rochester’s Commercial Core: 1890 4 1889-Commercial Core: 1890Rochester’s 4 Historic Significance2 Part 3 Map of Rochester Downtown Commercial Historic District 2 1 Designation Study Purpose and Background 1 Executive Summary Part 1 320 308 83 Additional Preservation Opportunities Appendix C: 81 Works ConsultedAppendix B: 76 Contributing Properties-Appendix A: Table of Contributing and Non 76 Appendices Part 6 57 Street Southwest (Hotel Francis) th 17 4 74 )F(Lawler Laundry Building Street Southwest rd 14 3 73 Building) Kennedy( Street Southwest rd 10 3 72 (Union National Bank Building) 4 4rd Street Southwest 71 (I.O.O.F. Lodge #13) Street Southwest nd 23 2 07 (Northwestern National Bank of Rochester) Street Southwest nd 21 2-15 68 (Olmsted Country Bank and Trust Company) Street Southwest nd 7 2 67 (Commercial Building) Avenue Southwest st 66 (318 Commons) Avenue Southwest st 64 Williams Block)( Avenue Southwest st 62 (City Hall) Avenue Southwest st 60 (Stebbins Building) Avenue Southwest st 59 )ophs Food S’Holland( Avenue Southwest st 57 Building) Club CommercialRochester ( Avenue Southwest st 55 (Blakely Building) Avenue Southwest st 53 (C.F. Massey Co.) Avenue Southwest st 51 (Riverside Building) 400 Broadway Avenue South 49 )Columbia Hotel( 330 Broadway Avenue South 74 )& Pacific Tea Co.lantic tGreat A( 328 Broadway Avenue South-326 64 )F.A. Poole Building( Broadway Avenue South 325 44 )C.H. Morrill and Son, Wholesale Grocer( 324 Broadway Avenue South 43 )s Lunch’( 323 Broadway Avenue South 41 )Rochester Egg and Poultry Co.( 322 Broadway Avenue South- Designation 309 Page 1 of 84 EXECUTIVE SUMMARY Rochester Downtown Commercial Historic District. the case with the properties that contribute to the is a single property. This inbe identified history and development that often cannot city’s a in able to represent trends is properties ofgroup a of historic district, the collective history and integrity an In historic district. anas contributing to qualify for individual designation than to qualify to historic significance and integrity ofhigher level Rochester Landmark District. A property generally requires a of a potential City asnot as sessed the area was – the individual levelat Rochester Landmark Property status ofeligibility and for City National Register of Historic Places forconsultants. At that time the properties were asse ssed the 106 Group, Minneapolis-based historic by 2014 inThe survey area was previously assessed Historian) walked the survey area a second time. research efforts, Laurel Fritz (Architectural Histor ian) and Tamara Halvorsen Ludt (Architectural 2017, following 20,was proposed by the Rochester Heritage Preservation Commission. On July the east. This survey area on Broadway Avenue North ofStreet SW to the south, and the east side th 5Avenue SW to the west, nd the north, 2to NEStreet nd 2by downtown Rochester bounded of area an properties located within of PVN completed an onsite evaluati on of(Preservation Project Support) 2017, Laurel Fritz (Architectural Historian) and Hollie Batinich 23, 2017 and June 22, June OnRochester staff. ofRochester Heritage Preservation Commission and C ity e th ofmembers by d l materiae previously compiled sourcd Additional an. Minnesota Libraries ofe htand , Olmsted Country ofr he History CentetLibrary, ly amiFSociety Gale al HistoricMinnesota e t h tResearch was conducted a. booksd an, istoric photographs, mapsharticles, historic newspaper , recordsor ountry AssessCprimary resources including Olmsted d secondary anas well astwo site visits onwith respect to local designation criteria. The study findings are based City Ordinances. The history of the district was assessed Rochester the of 4-7 Chapter inoutlined historic designation loc al fulfill the requirements for to intended isThis designation study downtown Rochester (Work Order #3). in a potential Landmark District for complete a local designation study toinstructed PVN th ese Preservation Services, the City of a part as June 13, 2017, OnPlanning Consultation Services. Rochester for Ongoing Historic Preservation of 2017, PVN was engaged by the City of the spring In Designation Study Purpose and Background??District?Historic?Commercial?Downtown?Rochester?Study? Designation 310 Page 2 of 84 this report. of the following page oncan be found map depicting the Landmark District Boundary and Contributing and Non-Contributing Features s downtown core. A ’remaini ng commercial buildings from the period of significance in Rochesterthree block district that is described in this report represents the greatest concentration of the demolition of many of the buildi ngs that once contributed to a vibrant commercial district. The pressures in downtown Rochester in the late twentieth and early twenty-first century have led to the commercial district during the pro posed period of significance. However, development The Landmark District includes approximately three city blocks, which is substantially smaller than this report. of Appendix A inresource number is included addresses, designation status, historic name, and State Historic Preservation Office historic buildings and sites (empty lots). A full list of contributing and non-contributing properties including properties. All contributing properties are buildings. The non-contributing properties include contributing and 4 non-contributing 28 properties; including 32The District encompasses HPC . ofreport, but recognizes that the final designation decision lies with the City this in the district align with the recommendations of significance and the boundaries ofperiod significance. PVN further recommends that the of its original proposed period byand commercial core of the City did not shift to the periphery until well into the 1950s and 1960s, and, because the retail II the years immediately following World War indowntown main streets downtown commercial district did not suffer the dramatic disinvestment that plagued other Because Rochester’s State Historic Preservation Off ice and conducted additional archival research. individual designations. PVN met with the of a number orwhich recommended a smaller district significance following feedback from the State Historic Preservation Office ofproposed period the District is 1870 to 1962. PVN was asked to reconsider the for significance ofmaterials, workmanship, and association given its age.design, setting, ?locatio n,of of integrity degree appropriate anThe Landmark District possesses 2:Criterion ·its antiquity; forDistrict is deemed significant the Landmark 1:Criterion ·: ?(Sec.?4-7-8?(c))a Landmark District ofDesignation forCriteria ofThe Rochester Downtown Commercial Historic District also meets the two required City century. th 19the ofsecond half the commercial district originally dating to ?aof c haracteristics familiar the established and ofits representation for 8:Criterion ·the city;?ofthe downtown commercial core ofits association with the development for 1:Criterion ·, including: ?(S ec.?4-7-8?(b))a Landmark Property ofRochester Criteria for Designation of Downtown Commercial Historic District meets two City the Rochester a whole, As downtown commercial core. for development an d vitality ofRochester. The properties located within the district represent a period of the City forThe Rochester Downtown Commercial Historic District is an historic resource FindingsofSummary ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 311 Page 3 of 84?District?Historic?Commercial?Downtown?Rochester?Study? Designation 312 HISTORIC?SIGNIFICANCE Page 4 of 84 6 1902.inCities the Twin to 1864, and finally the Chicago Great Western railroad connection inRailroad the Winona and St. Peter of 1856, the arriv al inthe Zumbro and its tributaries beginning onthe flour mills and the sawmills of the first iron bridge two decades later, the erection of 1856 and the completion inthe first wooden bridge over t he Zumbro River of construction existence were the the of during the early years tsThe key developmen the state and region: inphysical connections within Rochester and with other locations events that provided few a on the city hinged ofhistorian David Gebhard, early development the county seat, according to architectural asIn addition to the advantages provided by serving 5 and Marion.”aspirants, Oronoco a sharp context with two then rival “after the Olmsted county seat asincorporated and established the city was 1858,In 4 ; two years later the population had swelled to nearly 1,500.settlers 50survey revealed that Rochester included about a 1855 in location proved attractive - city’s The 3 Broadway.”settlers, the street was named these early ofand dragging th e log horizontally through the brush. Reflecting the lofty dreams oxen ofteam a main street was cleared by hitching a huge tree trunk behind a the settlement grew, explaining that “as early develop ment report the platting process, city’s the of Histories 2 base.grid’s the asA downtown street grid was immediately platted, with Broadway and Center streets 1 \[sic\].” New York state in Rochester , atthe waterpower of the river reminded them ofthe falls and rapids named the place Rochester, because “they and Thomas Cummings came from upstate New York and 1854. These men, Robert McCready in the vicinity of Rochester inThe first white settlers arrived 1870-1889 Rochester’s Commercial Core:?District?Historic?Commercial?Downtown?Rochester?Study? Designation 313 Page 5 of 84 8 1860s and 1870s that Rochester begin to develop its downtown business district and public was during the “it Coinciding with this rise in population, Gebhard explains that to explain that 7 years.” 10 in 3,722, the increase amounting to 75% ofa community having now any western of latest census \[1868\] showed that Rochester has made the largest growth “the popul ation, causing booster literature from the time to note that inprecipitous rise a inresulted thriving early agricultural and milling industries, along with its new rail connections, 1890.Postcard depicting Broadway Avenue South circa ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 314 Page 6 of 84 Avenue. st 1 and Broadway Southwest between Street rd 3 and South Avenue Broadway of block 300 the depicting Map Sanborn 1884 throughout the country at the time. style de tails that were popular openings at upper levels, and revival level storefronts, flat roofs, punched two story masonry buildings with first development along the blocks, one and characterized by cont iguous isArchitecturally, this area Avenue South. st Avenue South and 1Street Southwest between Broadway rd 3onBroadway Avenue South and block of 300 the on located isbuildings extant of the high est concentration along Broadway and its cross streets, the early commercial development Of 10 other operations. among and drug stores”notions, hotels, jewelers, cigar shops, billiard saloons, groc ers, butchers, bakeries, “banks,brick commercial buildings housing one and two story of business district maps from the 1880s show a thriving Likewise, Sanborn 9 good which enjoy a of retail stores, all of attested by the large number iscenter a popular trading is“that anchored by Broadway Avenue, stating developed commercial district describes a fully Olmsted County Directory of Rochester and 1890s An ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 315 Page 7 of 84 Settlement.” Early “Rochester’s The buildings constructed during this time period also represent Rochester Historical Context southern river towns during this time perio d. architectural patterns common among typical of the context in place Rochester toand regional commercial center, and for their ability early growth as a community of e buildings are significant f or their representation Thestreet SouthwestS rd 310·reet SouthwestSt rd 4 3·A st 1304·A st 1216·A st 1212·Avenue South st 1210· Broadway Avenue South330· Broadway Avenue South324· Broadway Avenue South323·315-317 Broadway Avenue South·311-313 Broadway Avenue South·Broadway Avenue South309 ·Broadway Avenue South307 ·Historic District include: the Rochester Downtown Commercial toExample buildi ngs from this time period that contribute ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 316 Page 8 of 84 Development in Rochester's Commercial Core: 1870-1889 ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 317 Page 9 of 84 103.-2A-WBMinnesota Historical Aerial Images Online. of red. University in 1940. Rochester Downtown Commercial Historic District outlined in Rochester of 1890-1945 Rochester’s Commercial Core:??District?Historic?Commercial?Downtown?Rochester?Study? Designation 318 additional growth within the existing business district. the city, thereby encouraging of the existing commercial core towere constructed adjacent the Mayo Clinic. The Mayo Clinic ex panded into new buildings that of are linked to the development growth during the 1910s and 1920s of denied that the speed and extent be cannot It MNHS Collections Online.1928.”Plummer Building, built in Clinic,Mayo“ 1932. inMayo Clinic Plummer Building (at right) Historic District. the Rochester Downtown Commercial ofwere situated just outside the boundary these early Mayo Cli nic buildings of Both the Mayo practice had swelled to 386. inof the number 1929, By the Mayo campus. toBuilding was added Register of Historic Places listed Plummer practice. In 1928, the Nationa l Mayo’s the following year, five physicians had joined The Mayo Clinic was thriving and by the Clinic.” moniker “Mayo practice also acquired the medical Mayo’s opening, the 1914“ with the –pract ice was opened constructed specifically for the Mayo 1914, the first building Inphysicians. and the interest of other pioneering medical practice that attracted both patients ofThe Mayos pioneered new methods the Sisters, who provided nursing care and administrative services. by by the Doctors Mayo and Hospital. The hospital was staffed Mary’s hospital facility in Rochester. In 1889, they ope ned Saint open a permanent toSaint Francis worked to raise funds of Following the tornado, the Sisters 11 provide emergency medical care for the local community.to Saint Francis of the Sisters ofor der William Worrall Mayo and his sons, William and Charlie Mayo, combined efforts with the local downtown and killing many citizens. Following the tornado, Dr. of Rochester, demolishing blocks oftor nado decimated the city a the twentieth century. In 1883, of during the opening decades typical southwestern Minnesota riverfront town changed dramatically a as early status ??District?Historic?Comm ercial?Downtown?Rochester?Study? Designation 319 Street Southwest nd 223 - #13I.O.O.F. Lodge ·Street Southwest nd 27 Olmsted County Bank and Trust Company - ·Avenue Southwest st 1224 City Hall - ·Avenue South st C.F. Massey Co. Stor e - 202 1·Broadway Avenue South400 Riverside Building - ·Commercial Historic District include: Example freestanding buildings from this time period that contribute to the Rochester Downtown orspecifi c purpose a forthat were constructed larger freestanding buildings ofconstruction within the commercial core at this time took the form the new ofone and two story storefront blocks that had previ ously characterized the district, much contrast to the contiguous Byand specialized buildings and businesses within its commercial core. distinctive ofnumber a gain itdistinctive identity as a med ical hub, so too did a Rochester gained As Olmsted County Collections,ofRochester City Hall. Undated image via History Center are not readily distinguishable from the older contiguous buildings wi thin the commercial district. These new buildings 12 Avenue. st this type extending north along Broadway and 1of construction the new f constructed during the 1900s and 1910s, with much obethis typ e continued to of a cigar shop. Some buildings ordry goods store, a bakery, a have been equally well suited to house ommercial strip would ca in when viewed from the exterior, a given building – fu nction ingeneric be to development had tended ofCommercial construction during the initial period ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 320 and “Urban/Downtown Development.” inHospitality a Storm: The Mayo Clinic and in “Born period also represent Rochester Historical Contexts the twentieth century. The buildings constr ucted during this time of during the opening decades evolving commercial district of These buildings are significant for their representation Francisco: Arcadia Publishing, 2008.. San Rochester (Postcard History Series)Lodge #13. Image via Alan Calavano. ?I.O.O.F.enue SouthAv st 1220·Avenue South st 1210·326-328 Broadway Avenue South·Broadway Avenue South324 ·Broadway Avenue South320-322 · Broadway Avenue South318·Downtown Commercial Historic District include: Example contiguous storefront buildings from this time period that contribute to the Rochester ?District?Histori c?Commercial?Downtown?Rochester?Study? Designation 321 Development in Rochester's Commercial Core: 1890-1945 ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 322 was…It downtown core today. of which remain the outlying boundaries th and 6NWStreet rd Avenues NRW and SW between 3 th, and 4 rd, 3 nd, 2 st 1of true particularly is the downtown expanded westward from Broadway Avenue. This asstead their inconstruction\] residential buildings removed and commercial developments rising the \[earlierofBroadway saw development, with much of s treets immediately west …the the commercial core, ashad previously functioned Mayo Clinic and the Kahler Corporation occurred downtown, but generally not within the area that historical context study notes that around this time significant private development led by the of the 1950s. The City in-large picked up again atNew development within the city- 16 during the postwar era.problems” age, s tyle, and parking of “victims hotels become which saw their downtown of thriving hotels were an anomaly among Minnesota towns, most 15 the 1930s and early 1940s.ofdowntown hotels, which rebounded after the lean years to Rochester, consequently attracting business to8,000 visitors today of facilities drew an average downtown medical city’s In 1945, the 14 1940s.”and its affiliates continued to thrive during the Mayo Clinic “the Kellior notes, J. Steven As 13 visitors.”Broadway, where they can best serve clinic Center Street and of the intersection of blocks fewoffices, hospitals, and theaters are all within a chief hotels, restaurants, stores, “ noted that itbooster literature, dated 1947, implied this when ofvisitors and city dwellers, rather than drawing customers from the su rrounding area. One piece clinic to continued prosperity and development. Hotels and other retail businesses catered Clinic’s downtown commercial district emerged from World War II supported by the Mayo commerce. of a center as importance diminish downtown to1963 outlying areas, culminated around in shopping centers ofconstruction other urban centers across the U.S., the steady process of r etail decentralization, led by the in as the immediate postwar period. However, indisinvestment that marked other urban main streets the downtown core during this period, the city did not suffer fro m the dramatic in Mayo Clinic. While there was limited substantial ofearly 1960s, aided by the continued presence main commercial center through the city’s the ascommercial district would continue t o function downtown the commercial core was relatively limited. Nevertheless, inconstruction postwar building boom and economic expansion of the 1950s and 60s, new city’s the midst of the inthe 1 930s and 1940s. Even of development during the Great Depression and World War II years downtown commercial of the country, saw very little in the way of Rochester, like most Core: 1946-1963 Rochester’s Commercial ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 323 History Center of Olmsted County image files, "Street Scenes," 2005.105.040 and 1999.071.164300 Block of Broadway Avenue in 1947 (top) and 1965 (bottom), showing "modern" facade renovations. Images courtesy of the attract patrons through a new modern image. to midcentury, as building owners and business tenants sought atpopular throughout the country façade updates were oflimited to geometric designs within the parapet level brickwork. These kind parapet walls and architectural detailing flatrectangular, with rectangular window openings, low style façades wit h second story colonnades, layered cornices, and curves, the new façades were façades during this time period. Where both buildings previously had elaborately detailed revival Broadway received "mode rn”325 321 and -319 atthe buildings Within?the?commercial?core,? 17 Street SW. rd and 3NW Street rd Avenues SW, between 3 nd and 2 st 1on downtown being concentrated ofdowntown, with the heart of t he main corridor be toaround this time that Broadway ceased ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 324 C.F. Massey Co. Rochester institution across the street from building was situated Moreover, the new branch store. first giant’s retail Minneapolis’was the the Rochester store Dayt on’s, of the case In Bank.”National “Union long held identity as bank’s change from the Broadway Avenue South). The new Northwestern National Bank building accompanied a name Department Store build ing (195 Dayton’s Second Street Southwest) and the 21Bank Building (15- the new Northwestern National inThis trend can be viewed 20 logo…” ormemorable image a itgave business, a striking building created an impression of power and stability and Upton, “for…a Dell According to architectural historian 19 advertisement and aggrandizement.” of a form asAmerica -opted by corporate “co and that th e International Style, specifically, was relations”public of increasingly important form an architecture became that “Commercial Roth further argues 18 how...” American know- inperfect for expressi ng this Style…were International the of progress. The ideals the future and intheir faith demonstrate towith profits earned during the flush “American corporations,Leland Roth, after World War II , architectural historian toarchitectural trends. According adhered to modern cultural and Rochester commercial core also new construction within the On a grander scale, the limited ?District?Histor ic?Commercial?Downtown?Rochester?Study? Designation 325 level.”street shops for Mayo clients still thrived downtown, along the pedestrian subway system, and at “the that and 60s, stating 1950s the indistrict prospered even as new shoppi ng centers were constructed downtown commercial importantly, Minnesota historian Steven Keillor notes that More 25 and hotels.”connected the towers that housed the Mayo Clinic and related hospitals skyways and underground arcades era “as employment during the postwar ofprimary locus city’s the as function to Baerwald notes that downtown Rochester continued J.Geographer Thomas downtown busine sses. of have encouraged the continued viability toMayo Clinic appears of the core commercial district well into the postwar era. Furthermore, the presence asits prominence the city until 1969, su ggesting that downtown Rochester retained inshopping center did not occur regional a Rochester followed this pattern, though construction of inShopping center development ?24. additional suburban de velopmentforcommercial districts and were themselves catalysts traditional of goods and services that challenged the prominence ofcomprehensive package -called regional centers provided a so compete with downtown, these toappeared. Designed downtown shopping totrue alternative a late 1950s that to- mid the in(otherwise known as malls) Rather, it was not until the proliferation of larger shopp ing centers 23 needs.suburbanites’ of meet all to their scope of goods and services and unable incommunity centers, were limited neighborhood and asoutlying metropolitan areas. These smaller shoppi ng centers, classified strip malls that trailed residential development to as1950s, shopping centers existed primarily Until the mid- 22 the shopping center.–retail of the heart of this decentrali zation was a new form Attown. of outskirts the on better locations toshops, chain businesses, professional offices, and movie theaters migrated department stores, specialty as businesses such as 19 60s” the in1950s and worsened dramatically problem of deteriorating downtowns \[in Minnesota urban centers\] festered slowly through the “the urban geographer John R. Borchert notes, As 21 outlying areas.toretail from downtown of American cities and towns encouraged the movement of the peripheries onsuburban housing of the mass development II, retail. After World War of the decentralization byincreasingly threatened Minnesota urban centers were in and 60s, downtown commercial districts 1950s??District?Historic?Commercial?Downtown?Rochester?Study? Designation 326 32 SW.”Streets nd and 2 st Avenue SW, and 1 st true along Broadway Avenue S, 1 particularly is that “this notes Development” “Urban/Downtown Rochester historical context study ofThe City 31 allow for new construction.to and significant sections were demolished regard”little “paid historic commercial core was city’s symbiotic relationship with Mayo Clinic. The a enjoyed hotel s) that asthe Mayo Clinic facilities, and service industries (such of trended toward expansion downtown Rochester. During the following decades, downtown Rochester in commercial activity indecline o f 1963 marks the beginning of a period inthe Crossroads Shopping Center of The opening 30 city.” the in \[its\] continuing growth toRochester and \[was\] looking forward of optimistic about the fu ture “very general manager noted that the company was store’s the purchased another building adjacent to its downtown location. At the time, when Dayton’s 1956, in downtown business continued to app ear good formaintained its commercial relevance. Prospects the outskirts of the city, also implies that the downtown area on 1954, rather than indowntown commercial in first branch store Dayton’s the 1950s and 60s, the establishment of commercial historic district was admittedly limited during inThough new construction least the early 1960s. atcenter through prominent retail city’s downt own commercial district remained the likely that Rochester’s seems it the area until 1969, inGiven the lack of a regional shopping center 29 Apache Mall, was constructed. first indoor, enclosed shop ping mall, city’s that the 1969 was not until Itcenter/shopping mall. the typical regional shopping of lacked the size and siting itparking. However, of s acre 12development. Costing four million d ollars, the shopping center included multiple buildings and land, was a much larger of 18 ½ acres onstrip-mall style development. Crossroads, situated followed by Northgate (1960) and Crossroads (19 63). Like Miracle Mile, Northgate was a smaller, 28 1952,in first shopping center, Miracle Mile, was constructed city’s Rochester. The indevelopment shopping center ofthese two authors are supporte d by the timeline of The conclusions 27 building a parking lot for hotel guests, city parking commission trying to solve parking problems. threat to downtown given the lack of downtown parking space . Kahler Corporation a seemed like lot large parking Mile’s Rochester businesses. Miracle to attract more rural customers toor serve 1953, wondering if it would draw business away from downtown ins hopping center, Miracle Mile, first city’s Downtown businessmen worried about the development of the 26 city…”surrounding the attract customers from the rich farming area toreal effort “little ma king themselves,”people the huge transient trade and the city at the city aims in business “retail late 1952 noted that in early 1950s. A newspaper article published in-million dollar expansion unde rway 30 Clinic’s Mayo ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 327 the 1950s. inthereof) within the Rochester Downtown Commercial Historic District -century trends in corporate architecture reflects the development (and general lack midwith trend tow ard enclosed shopping malls and away from walkable urban storefronts combined The 33 1960s.”four lanes during the late 1950s and early toto Byron were expanded west 14and U.S. Stewartville toS. 63 south U.north toward the Twin Cities, 52“U.S. evelopment. Harold Severson dhighway of d ntense perioisatellite towns and spurred the most utlying ointhe IBM campus increased suburban residential development of t The developmen “Urban/Downtown Development.”represent Rochester Historical Context the downtown core. These buildings also in maintain a thriving commercial district toes enterpris Broadway Avenue South represents a last effort by private commercial 195Department Store at Dayton’s minimal ornament that characterize mid-century architecture. Additionally, the ewly constructed b uildings and those with modernized façades embrace the geometric forms and n both the –the time of architectural trends of These buildings are significant for their representation Broadway Avenue Sou th325 ·319-321 Broadway Avenue South· their façades during this period, including: that “modernized”buildings older ofAdditionally, the Rochester Downtown Commercial Historic District includes examp les Second Street Southwest21-15·Broadway Avenue South195 ·constructed during the period 1946 - 1963: The Rochester Downtown Commercial Historic District includes two contributing buildings ??Distri ct?Historic?Commercial?Downtown?Rochester?Study? Designation 328 Development in Rochester's Commercial Core: 1946-1962 ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 329?District?Historic?Commercial?Downtown?Rochester?Study? Designation 330 applying this criteria.inthe Council by used be the public score sheets and other devices which shall toand make available design, materials, workmanship, and association given its a ge. The Council shall adopt location, setting, of The Landmark District possesses an appropriate degree of integrity B. The Landmark District is deemed significant for its antiquity; A.following criteria: the satisfy also proposed Landmark District must the inthe Contributing Resource of the majority ?subsection?(b)?of?this?section,?inadditional to the criteria found inFor a Landmark Dis trict designation, Section.?4-7-8?(c). –Additional Landmark District Criteria the City. or district, the community, a neighborhood, a orand familiar visual feature established an characteristics re presenting physical other orIts location, scale, ?.8 that represent a significant architectural innovation; craftsmanship orarchitectural design, detail, materials, of elements of Its embodiment ?. 7 internationally-recognized style or movement; ora of the development to have contributed or the City ofhave influenced the development master builder whose individual efforts orarchitect an of th e work asIts identification ?.6 or treatment; form, period, architectural style an ofdistinguishing characteristics of Its embodiment ?.5 the City; of development the culture and to significantly c ontributed who person a Its identification with ?.4 of a Landmark District; element an asIts location within and contribution ?.3 of a significant historic event; a place Its location as ?.2 United States; or the City, State, ofcharacteristics cultural rthe development, heritage, oof part asvalue orIts character, interest, ?1.consider the following criteria: istrict, the council must d andmark l of roperty p andmark l a ascollection thereof, any orbject, o or tructure, s ite, s and, l uilding, b designating a In 4-7-8?(b).?Section.? –Individual Landmark Criteria follows: asdesignation of a Landmark District. The criteria are for two criteria an an individual Landmark Property and of designation for criteria Heritage Preservation includes eight 4-7.Rochest er Ordinance Chapter of The City Heritage Preservation 4-7.Rochester Ordinance Chapter ofCity RATIONALE FOR LOCAL DESIGNATION?District?Historic?Commercial?Downtown?Rochester?Study? Designation 331 district, the community, or the City.a visual feature or a neighborhood, established and familiar an characteristics representing physical other orIts location, scale, ?.8 and location. their vintage, use, of architectural innovation. The buildings located within the District are typical architectural design, detail, materials, or craftsmanship that represents a sign ificant ofelements of not significant as the embodiment isThe Rochester Downtown Commercial Historic District represent a significant architectural innovation; that craftsmanship orarchitectural de sign, detail, materials, of elements of Its embodiment ?.7 a whole, the Rochester Downtown Commercial Historic District asTaken internationally-recognized style or movement; or the development of a to have contributed orthe City of influenced the development master builder whose individual efforts have orarchitect an of the work asIts identification ?.6 The Rochester Downtown Commercial Histo ric District or architectural style period, form, an ofdistinguishing characteristics of Its embodiment ?.5 the City. of the culture and development tosignificantly contributed a whole, the Roches ter Downtown Commercial Historic District does not represent a person who Asthe City; of development the culture and to significantly contributed who person a Its identification with ?.4 the Rocheste r Downtown Commercial Historic District. toThis Criterion is not applicable District; of a Landmark element an asIts location within and contribution ?.3 of a specific significant historic event. a whole, the Rochester Downtown Commercial Historic District does not represent the location AsIts location as a place of a significant historic event; ?.2 3) 1890-1945; and 2) 1870-1889; 1) commercia l core: City’s the of the development of periods City of Rochester. The Rochester Downtown Commercial Historic District embodies three distinct the of The Rochester Downtown Commercial Historic Distr ict reflects the development and heritage United States; or the City, State, ofcharacteristics cultural rthe development, heritage, oof part asvalue orIts character, interest, ?.1 –Individual Landmark Criteria Evaluation??District?Historic?Commercial?Downtown?Rochester?Study? Designation 332 major economic drivers, the Mayo Clinic.city’s River, local government buildings, and one of the street grid, proximity to major transportation routes including railroad tracks and th e Zumbro setting include the of District’s setting. Intact elements contributing to the ofintegrity setting outside the District boundary, the District itself does retain of ofDespite a lack contain ed within the District boundary. the historic commercial core that retains integrity to that of construction has limited the portion significance, new of period District’s larger footprint during th e a commercial core covered while – these buildings are located adjacent to the District ofnumber a Additionally, Two such buildings are included within the District boundary as non-contributing pr operties. significance. of construction methods common within the District during the period or not reflect the size, massing, do recently constructed buildings that ofnumber a proximity to setting suffers from its of District’s The Rochester Downtown Commercial Historic setting. ofThe Rochester Downtown Commercial Historic District retains integrity –Setting The Rochester Downtown Commercia l Historic District has not been moved. The Rochester Downtown Commercial Historic District retains integrity of location. –Location integrity given its age. ofThe Rochester Downtown Commercial His toric District possesses an appropriate degree applying this criteria. inthe Council by used be the public score sheets and other devices which shall toand make available design, materials, workman ship, and association given its age. The Council shall adopt location, setting, of appropriate degree of integrity an District possesses Landmark The . 2 district. thriving commercial a when downt own Rochester was home to 1962, and 1873period between contributing properties within the Rochester Downtown Commercial Historic District reflect the its antiquity. The for significant isThe Rochest er Downtown Commercial Historic District its antiquity; for District is deemed significant Landmark The ?.1 –Additional Landmark District Criteria and taller post-WWII buildings Modern style buildin gs. century “blocks,” th 20detailed early blocks of period revival style low-rise masonry buildings with first-level storefronts, ornately commercial district that has developed over time. These visu al characteristics include contiguous a ofCommercial Historic District represent established and familiar visual characteristics the Rochester Downtown ofThe location, scale and general architectur al characteristics ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 333 Street SW. rd and 3NWStreet rd Avenues SW, between 3 nd and 2 st 1onbeing concentrated downtown of downtown, with the heart of the main corridor be to ceased “Broadway the 1960s By development.”Broadway saw of streets immediately west “the twentieth century, at which time main commercial corridor through the mid- remained Rochester’s explains that Broadway Aven ue “Urban/Downtown Development” west.” from Broadway to the development “radiating out with additional blocks of commercial 1880s”Broadway Avenue was well established by the prominent business dist rict located along “A notes that Early Day. “Rochester’s Urban/Downtown Development, 1889-Present 2) Early Settlement, 1854-1889; and 1)The Rochester Downtown Commercial Historic District represent s two of these contexts: of the City forhistoric contexts of In 2014, consultants the 106 Group developed a set Rochester Historic Contexts (2014) r ConsiderationsOthe significance. of the District during the period inwere located properties also retain association with specific businesses that ofnumber a general, and inactivity The Rochester Downtown Commercial Historic District remains ass ociated with commercial he Rochester Downtown Commercial Historic District retains integrity of association.T –National Bank) exhibit the precise but minimal details that exemplify mid-century workm anship. Northwestern (Dayton’s,-century buildings mid district’s buildings from this era. The oftypical constructed for specific businesses (the Massey Building; I.O.O.F. Lodge) exhibit the ornate d etailing century buildings th 20 detailing. Early ofconstructed with care, but not with any extraordinary level tend toward simpler construction methods with less ornate detailing. Masonry buildings were workmanship. The earliest buildings (300 block of Broadway Avenue South), oflevels of variety The contributing properties within the Rochester Downtown Commercial Historic District exhibit a ofRochester Downtown Commercial Historic District retains integrity The – a significant portion of the properties have seen unsympathetic window and door replacement. asmaterials suffers of Distric t’s brick, stone, and terra cotta. The –vintage and use, including its of The Rochester Downtown Commercial Historic District retains materials typical of a district materials.ofRochester Downtown Commercial Historic District retains integrity The –Materials urban, walkable, and visually and physically accessible from street level. the Rochester Downtown Commercial Historic District remains –century th 19the of second half downtown commercial core that was first developed during the a ofcommunicate the design to buildings within the District continue ofThe street grid, building set-b acks, and density Rochester Downtown Commercial Historic District retains integrity of design.The –Design ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 334 architectural style. orbroader commercial history rather than any specific influential business city’s architectural style. The Rochester Downtown Commercial Historic District repres ents the historic significance and of terms intype of historic resources maintained by the city both Designation of the Rochester Downtown Commercial Historic District will serve to diversify the lo cated downtown. significant tenants tohigh architectural style or related of agricultural site, and individual buildings anResidential Historic District - and multiple Landmark Properties including residences, the Pill Hill –Rochester include a single Landmark District of Designated properties within the City Designated Local Landmarks and Landmark Districts Landmark Property. Historic Place s and as a of the National Register inStreet Southwest has since been listed th-14 412First Avenue Southwest (Massey Building) 200 Second Street Southwest (I.O.O.F. Lodge #13) 23 Second Street Sout hwest (Olmsted Country Bank and Trust Company) 7 designation. These properties include: individual Landmark of the Rochester Downtown Historic District were potentially worthy Contributing to asprop erties included of number a The Phase 1 Inventory Report suggested that mind. in groupings with historic district status in an individual basis, but not onsurveyed properties have evaluated the tot his Designation Study. The Phase 1 Inventory report appears of preparation the report includes the survey area covered for indowntown Rochester. The survey area covered significant portion of a ofI n 2014, consultants the 106 Group completed a Phase 1 Inventory Rochester Historic Inventory (2014)??District?Historic?Commercial?Downtown?Rochester?Study? Designation 335 44. Clifford E. Clark (St. Paul, MN: Minnesota Historical Society Press, 1989), byedited 1900, Its People SinceMinnesota in a Century of Change: The State and in Work on the at J. Baerwald, “Forces Thomas 25 1091.Policy,”Tax Hanchett, “U.S. 258; – 254 The Shopping Center, Ghosh and McLafferty, 259;– 257 Republic, Consumer’s A xv; Cohen, –xiii Regional Mall, to ProQuest ebrary; Longstreth, 2016, 2, accessed August 386, –384 2008),Press, (New Haven, CT: Yale University 1950 – 1880Downtown : Its Rise and Fall, Fogelson, M.Robert 31;, to 123; Liebs, – 121 Contemporary Suburban America, Muller, 30; – 29 The Outer City, Muller, 24 22. –14 2017, Wisconsin-Eau Claire, of 1956.” – 1941 St. Louis Park, Minnesota, inCommunity Shopping Centers and New Species:’ Neighborhood ‘A “ 123; Lauren Anderson, – 121 Contemporary Suburban America, Muller, 23 xiv, passim. – Press, 1997), xiii MIT(Cambridge, MA: 1950-1920 Los Angeles,in Regional Mall: Architecture, the Automobile, and Retailing to Longstreth, W.Richard 22 1962. Press, 2000), MITMA: - 1941 (Cambridge, 1914 Drive-In, The Supermarket, and the Transformation of Commercial Space in Los Angeles, The Richard Longstreth, http://www.mnhs.org/mgg/boom/suburbia/learn-more;accessed October 1, 2018, Minnesota Historical Society,More,” Learn – Suburbia “Ah, 72; Centers,” Urban of “Network Borchert, R.John 21 222.1998),(Oxford: Oxford University Press, the United States inArchitecture 20Ibid. 19-412.411(Boulder, CO: Westview Press, 2001), American Architecture: A History Roth, M.Leland 18 Group, 32.106 17 72. Clark (St. Paul, MN: Minnesota Historical Society Press, 1989), E. Clifford byedited Since 1900,Minnesota in a Century of Change: The State and Its People Urban of Network “The John R. Borchert, 16 44.(Encino, CA: Cherbo Publishing Group, Inc., 2007), 150 atTransforming the World: Rochester Keillor, J.Steven 93; 1979),(Rochester, MN: Marquette Bank & Trust Company, Rochester: Mecca for Millions Harold Severson, 1547. 2007),(Encino, CA: Cherbo Publishing Group, Inc., 150 atTransforming the World: Rochester Keillor, J.Steven 14Gale Family Library. Historical Society Available Minnesota3. 1947)(publisher unknown, Rochester: A Professional Town Merna Irene Fletcher, 13 1948. 1928, 1920, 1914,1909, 1904,sets from Rochester, Minnesota. (New York: Sanborn Map Company). MapofSanborn Map Company, Insurance Map 12 1943).(Garden City NY: Garden City Publishing Co., Mayo, Helen Clapesattle, 1979).Company, , (Rochester, MN: Marquette Bank and Trust MillionsRochester: Mecca for (publisher unknown, 1947). Harold Severson, Rochester: A Professional Town, Merna Irene Fletcher, 1989)., (Windsor Publications Inc., ofRochester: City Hodgson,W. the substantially similar accounts found in: Harrieton based is the Mayo Clinic ofThis brief early history 11 11. 2014,of prepared for City Minnesota,” Historical Contexts: Rochester, Olmsted Country, “Rochester 1890, 1899.; 106 Group, 1884,Map sets from Rochester, Minnesota. (New York: Sanborn Map Company).ofSanborn Map Company, Insurance Map 10, 40. Olmsted CountyandDirectory of Rochester 9 311.of the Architecture toA Guide Gebhard and Martinson, 8 Western Magazine.7 311., Minnesotaof the Architecture toA Guide Gebhard and Martinson, 6 19.(Wabasha, MN: Interstate Directory Co., 1896), 97 Olmsted County 1896-and Rochester ofDirectory 5 Western Magazine.4 11.(Windsor Publications Inc., 1989), the Prairie ofRochester: City Hodgson, W.Harriet 3 311. 1977), Minnesota Press,of, (Minneapolis: University Minnesotaof the Architecture toA Guide David Gebhard and Tom Martinson, 2 16:2, 1920. Western Magazine, Minnesota,”Rochester, “1 Endnotes ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 336 Ibid. 3232. Group, 106 311956. 17,August Minneapolis Morning Tribune, Rochester,” in Buys Building “Dayton’s 305. 2007),(Encino, CA: Cherbo Publishing Group, Inc., 150 atTransforming the World: Rochester Keillor, J.Steven 29 4. 2007),(Encino, CA: Cherbo Publishing Group, Inc., 150 atTransforming the World: Rochester Keillor, J.Steven 28 1952. 9,November Minneapolis Sunday Tribune, Boom,”-Million-Dollar Building 30 Enjoys “Rochester 27November 9, 1952. Minneapolis Sunday Tribune, Boom,”-Million-Dollar Building 30 Enjoys “Rochester 26?District?Historic?Commercial?Downtown?Rochester?Study? Designation 337 of 84 29 Page This page intentionally left blank?District?Historic?Commercial?Downtown?Rochester?Study? INDIVIDUAL 338 of 84 30 Page ASSESSMENTS PROPERTY Rochester Downtown Commercial Historic District 339 of 84 1 3Page February 2019Rochester Commercial Historic DistrictDesignation Study 2nd St SW5th St SW4th St SW N KEY Not to Scale Non-contribu?ng?PropertyContribu?ng?Property District Boundary Designation 340 of 84 2 Page 3 significance for the District.ofof the period through the end Dayton’s store. The building functioned as a branch of the downtown Minneapolis-based department the first as was constructed in 1954, Dayton’s The Rochester significance. ofcut into the building following the period the upper levels were athistoric punched window openings the façade. Non- ofbrick details that stand proud of the rest vertical oflevels are clad in brick with an overall pattern southeast corner. The upper building’s the at located isentry building is clad in granite. A double-height recessed corner the ofrooftop penthouse. The double-height first level flat roof and recessed a 1954 The building is 7 stories with Department Store building was constructed in Dayton’s The Building Description . 2005.105.028 Scene” “Street ofdetail Olmsted County,of the History Center ofcourtesy façades, facing west/northwest, 1963, image Department Store, west and south Dayton’s .west, 2017, PVN Department Store, east façade, facing Dayton’s District Status: Contributing Construction Date: 1954 Department Store Dayton’s Historic Name: Broadway Avenue South195?District?Historic?Commercial?Downtown?Rochester?Study? Designation 341 significance. of period District’s the of operate through the end to identified as the Hollywood Bar and Café, which continued is Liddle Hardware. In 1945, the building asbeginning in 1920, Adler, Vinstadt & Kruger; Adler and Kruger, and aslater Clausen and Adler, and as first –hardware store a store. City directories beginning in 1900 also identify the hardware a An 1884 Sanborn Map identifies the building as 1870.throughout its history. The building was constructed in The building has housed a variety of commercial enterprises continuous brick sill. located at the second level above a areframe windows first and second levels. Four replacement double-hung metal located above the awning between the isCorbelled brick the building above the storefront system. oflength metal awning extends the full A the building. ofnorth side the at located issingle metal swing door A window system. non-historic storefront a non-historic wood paneling and clad with isflat roof with terra cotta coping. The first story Streets Southwest. The building has a th and 4 rd between 3 Broadway Avenue ofbuildings fronting the west side of part of the contiguous row ispainted brick building that -story twoa The Clausen and Adler Hardware building is ing DescriptionBuild west, 2017, PVN. Clausen and Adler Hardware, east façade, facing District Status: Contributing Construction Date: 1870 Historic Name: Clausen and Adler Hardware Broadway Avenue South307??District?Historic?Com mercial?Downtown?Rochester?Study? Designation 342 2007. period of significance. F.J. Paine Co. closed in District’s the offunctioned as part of the F.J. Paine Co. through the end ace. The building spBroadway and expanded into the Broadway Avenue South since 1902, purchased 309 313-311 ofundertaker), which had been operating out 1927, the F.J. Paine Co. (furniture dealer and Ingrocery. a as Sanborn Map identifies the building 1920A Sons (bakery). Bakery, Hubbard Brothers (bakery), and W.H. Brown and 1900 and 1915 identify the building as the H.C. Stedman identifies the building as a bakery. City directories between Sanborn Map 1884 an 1884 Sanborn Map. The onappears being constructed in 1885; however the building already asOlmsted County assessor records identify the building business. furniture Paine’s F.J. Paine Company and utilized as part the by being acquired toThe building housed a bakery prior brick are located near the parapet. corbelled of located at the second level. Rows arebuilding. Three replacement four-over-one windows with the ofabove the first level window and extends the length the first level. An attached sign is located atthe first story. A single metal frame window and swing door coping. Unpainted replacement brick has been installed at flat roof with terra cotta a Southwest. The building has Streets th and 4 rd Broadway Avenue between 3ofside the contiguous row of buildings fronting the west ofpart is-story brick building that twoThe F.J. Paine Company is a Building Description 2005.105.040. Scene” “Street ofOlmsted County, detail of the History Center of image courtesy 1965, c.F.J. Paine Co, east façade, facing northwest, F.J. Paine Co., east façade, facing west, 2017, PVN.District Status: Contributing Construction Date: 1885 Historic Name: F.J. Paine Co. Broadway Avenue South 309??District?Historic?Commercial?Downtown?R ochester?Study? Designation 343 2007.operated in the space until closing in 1902 and continuously 26, November onin the building The F.J. Paine Co. (furniture dealer and undertaker) opened the Palace Block. ingoods store, dry a Mammoth Store, Nelson’s A.announce the opening of and 1879 1878Block. Newspaper advertisements from constructed in 1873 and originally known as the Palace The F.J. Paine Company Building/Palace Block was hipped roof. a The building is capped with and carved keystones. The headers have been painted. over-one modern replacements with arched stone headers four- are the second level cornice. Second level windows atCorbelled brick detailing is located above the first level, and tin ceiling, and paired double doors. a “Paine’s”,that says a transom level. The entry includes atwindows Small textured glass blocks are located above the storefront deeply recessed central entry. a storefront windows flanking of banks twoItalianate style. The first level includes designed in the isStreets Southwest. The building th 4and rd Broadway Avenue between 3offronting the west side part of the contiguous row of buildings isbuilding that -story brick twoa isThe F.J. Paine Co. Building/Palace Block Building Description 2005.105.040. Scene” “Street of Olmsted County, detail ofCenter of 1965, image courtesy c.northwest, Paine Co./Palace Block, east façade, facingF.J. west, 2017, PVN. F.J. Paine Co./Palace Block, east façade, facing District Status: Contributing Construction Date: 1873 Historic Name: F.J. Paine Co. Building/Palace Block -313 Broadway Avenue South311??District?Historic?Commercial?Downtown?Rochester?Study? Designation 344 orchestra instruments, musical instrument repair and pianos, piano tuning and repair, band and – 12 were auditorium.” “There large a three storefronts and encompass to business grew “the its tenure in this building, Music Co. was under second generation ownership. During 1948, the Bach inbusiness moved to 315-317 Broadway years. By the time the 50Avenue during the following Broadway onthrough a variety of storefront locations brother Reinhold and Adolph Bach. The business moved by 1892 inBach Music Co. was established in Rochester Beginning in 1948, the Bach Music Co. occupied the building. second level. the on the first level and apartments onSewing Machine Co. Between 1930 and 1948 the building housed the Singer occupy the building through 1920. tobusinesses continue Market and Hendricks and Olson (dry goods); these Meat housing Rommell’s asdirectories list the building The building was constructed in 1885. Beginning in 1900, city flat roof. a parapet. The building has with transoms. Additional ornate corbelling is located at the replacement one-over-one with double hung vinyl windows arewith segmental arched headers. The windows levels. The second level includes punched window openings corbelled brick separates the first and second ofcourse central entry. The storefronts include modern awnings. A storefronts flanking a twoSouthwest. The first story includes Streets th and 4 rd Broadway Avenue between 3ofside the contiguous row of buildings fronting the west ofpart is-story brick building that twoa isThe Commercial Building Building Description M05.9RC2 P4.Rochester”Scene Street wn“Downto ofHistorical Society, detail the Minnesotaof image courtesy 1937, c. Co., east façade, facing northwest,Bach Music PVN.2017, Bach Music Company, east façade, facing west,District Status: Contributing Construction Date: 1885 Historic Name: Bach Music Company -317 Broadway Avenue South 315??District?Historic?Commercial?Downtown?Rochester?Study? Designation 345 1971.inMusic period of significance, and was sold to Schmitt District’s the building through the end of the incontinued to operate Bach Music Co. monogramming.” The appliance repair, and records, radio repair and parts, sheet music, appliances, rebuilding, radios and radio-phonographs, phonographs, ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 346 The Little 2017, Digital Sanborn Maps, Proquest; 24, accessed October 2; and April, 1909, Sheet No. 3, No. SheetJune, 1904, 3, Sheet No. 1899, June, 3, No. Sheet June 1890, 2, Rochester, MN, September, 1884, Sheet No. ofSanborn Fire Insurance Map State Historic Preservation Office (SHPO); Sanborn Map Publishing Company, Rochester, available at ofthe City -ROC-546, Rochester Preservation Plan & Inventory Project, prepared forOL Group, 2014, Inventory form for property 106 The 2 2 hardware store. a byand 1962, the building was occupied 1938 time. Between ofperiod a 318 South Broadway for at “furnished rooms”directories, Arnold Bjerring also offered Desterhoff. According to city R.Arnold Bjerring and A. barbershop in the early twentieth century; barbers included a aslocation no later than 1890. The building continued that at Russell, who began working V. Richard byowned during the late nineteenth century. The barbershop was a millinery, harness shop, and barbershop byoccupied 1890, and 1899 show that the building was 1884,maps from show a building existing at this location in 1884. Sanborn Broadway was constructed in 1900; however, Sanborn maps South 318Olmsted County assessor records indicate that ding UseBuil the cornice. at located arecorbelled detail and metal cap A arched headers. flat arched headers. The third story windows have round continuous limestone sills. The second story windows have three one-over-one double-hung metal windows with modern awning. The second and third levels each include glass and metal storefront and a The first story includes cladding. flat roof and brick a The building is three stories tall with Streets Southwest. th and 4 rd Broadway Avenue between 3 ofcontiguous row of buildings fronting the east side the of part isThe A.J. Bjerring Barbershop/Bjerrin g Hotel Building Description Commission. the Rochester Heritage Preservationof 1962, image courtesyc.façade, facing southeast, erring Barbershop/Bjerring Hotel westA.J. Bj façade, facing east, 2017, PVN. A.J. Bjerring Barbershop/Bjerring Hotel , west District Status: Contributing Construction Date: c. 1884 Historic Name: A.J Bjerring Barbershop/Bjerring Hotel Broadway Avenue South318??District?Historic?Commercial?Downtown?Rochester?Study? Designation 347 the atBroadway Furniture and Appliance Co.) was located 1960, Broadway Stove and Furniture Exchange (later and 1940 Hanson & Son. Between G.Baker & Hanson and O. hardware store proprietors included 1930; least atuntil indicate that the building was occupied by a hardware store located in the building. City directories shop” were “tin butcher, hardware store, and a the late nineteenth century, Broadway Avenue South was constructed in 1875. During 321 – 319Olmsted County Assessor Records indicate that significance for the District. ofthat the replacement occurred during the period likely is Itsecond level of the primary façade was replaced. and 1960 the 1940 the façade. Between of the rest ofproud rectangular detail of soldier bricks stands a the windows, metal sash and frame. Above hungwith replacement double- the building has five punched openings ofThe second level property. the ofappears consistent with that seen in historic images storefronts. The overall storefront configuration two located between the isrecessed entry. A single swing door a recessed. The northern storefront has issouthern storefront storefronts. The twoThe first level of the building has flat roof. a stories with Streets Southwest. The building is two th and 4 rd between 3 Broadway Avenue ofbuildings fronting the west side of part of the contiguous row ispainted brick building that -story twoa isThe Baker and Hanson/Council Saloon building Building Description east façade, facing west, 2017, PVN. The Baker and Hanson/Council Saloon Building,District Status: Contributing Construction Date: 1875 Historic Name: Baker and Hanson/The Council Saloon -321 Broadway Avenue South319??District?Historic?Commercial?Downtown?Rochester?Study? Designation 348 .Commission the Rochester Heritage Preservationofcourtesy image1940,east façade, facing northwest, The Baker and Hanson/Council Saloon Building, 3 Company (listed in 1960 and 1970). Raynolds Paint Co. Inc. (listed in 1950), and Devoe Paint city directory), Devoe & 1940Company (listed in the cated in the building: The Pure Paint lopaint companies were the period of significance, three different ofuntil the end 1940Furniture Company and the Federal Radio Store. From restaurants, soda fountains, the Luger-Buur byoccupied saloon. Between 1921 and 1930, 321 Broadway was White Front Bar Knutson’s the Council Saloon and Knute least 1915; occupants included atsaloon until a continued as city directories, the space tosaloon. According a byoccupied Broadway Avenue South was 321Between 1884 and 1904, Bach Music by 1970. ofthe service department address. The space was vacant in 1960 but occupied by 319??District?Historic?Commercial?Downtown?Rochester?Study? Designation 349 sold farm supplies such as seed corn, field Stoppel’s 1952. inStoppel; their brother Erwin Stoppel joined the business incorporated in 1946 by two brothers, Fabian and Raymond Feed and Seed was Stoppel’s Feed and Seed). Stoppel’s Eggs, Poultry, and Seed Company (later known as Stoppel’s Eaton Egg Company, the Rochester Egg & Poultry Co., and J.several businesses, including the Crescent Creamery, W. Broadway was occupied by 320Between 1891 and 1970, creamery, grocery, and office. a including the late nineteenth century, inhoused several businesses in 1884. Maps for 1884 and 1890 show that the building this location atSanborn maps reveal that a building existed However, 1900.South Broadway was constructed in 322 – 320Olmsted County Assessor Records indicate that brackets. over the cornice. The projection is supported by wood hipped projection that extends a flat roof with a cornice, and painted wood a Above the second level, the building has windows are of alternating heights. frame windows with segmental arched headers. The The second level features four-over-four wood sash and includes paired swing doors with sidelights and transom. wood-frame windows with transoms. The central entry composed of fixed arecentral entrance. The storefronts The first story includes two storefronts flanking a recessed Streets Southwest. The building is two stories. th 4and rd fronting the east side of Broadway Avenue between 3 part of the contiguous row of buildings isbuilding that -story brick two a isThe Rochester Egg and Poultry Co. Building Description east, 2017, PVN. Rochester Egg and Poultry Co., west façade, facing District Status: Contributing Construction Date: c. 1884 Historic Name: Rochester Egg and Poultry Co. -322 Broadway Avenue South320??District?Historic?Commercial?Downtown?Rochester?Study? Designation 350 4 Return.” “No business called a Café, and restaurant, Frederick Billard Parlors, Roxy Bar & Brantman’s restaurant and Grill Restaurant, Mrs. Thora J.W. Hill, E. E. pool hall, dentist Replogle’s C. E.Dream Theatre), Electric Theater, Bijou Theatre (originally known as the Dieter’s included 1962 Broadway before 322 ofOccupants 320 South Broadway. atthe brothers retired in 1974, their business was still located urban customers, such as pet food and lawn supplies. When to include items that catered toexpanded their inventory city residents. Eventually, Stoppels tofrom farmers seed, fertilizer, and animal feeds and resold eggs purchased 2005.105.060.Scene”Street “Rochester of Olmstead County, detail ofCenter ofnortheast, 1955, image courtesy Rochester Egg and Poultry Co., west façade, facing??District?Historic?Commercial?Downtown?Rochester?Study? Designation 351 5 Billiard & Café. Black’sBlack’s with J.K. Black, hall. Between 1923 and 1962, the building was associated a billiards assignificance, the building functioned primarily of the end of the period to1914 From clothing.” goods, notions, and “dry Ochs’bookstore, and O.H. a store, second-hand store, a crockery/glassware a “Commission,” several businesses, including a bybuilding was occupied the late nineteenth and early twentieth centuries, the In this location in 1884. atbuilding a Sanborn map depicts a Broadway Avenue South was constructed in 1885; however, 323Olmsted County assessor records indicate that brick panel, this time laid with header bricks. second decorative a is cornice level atAbove the windows, openings with one-over-one double-hung metal windows. the second level are three punched Atand second levels. decorative panel between the first a weave pattern create basket a the north side. Bricks laid in atrecessed entry the south side of the building, and a atwindows are located faced with concrete panels. Storefront isThe first story flat roof. a stories with twoThe building is Streets Southwest. th and 4 rd Broadway Avenue between 3 of buildings fronting the west side ofthe contiguous row of part is-story brick building that two Black’s The Building Description Preservation Commission. the Rochester Heritageof image courtesy 1940, Lunch east façade, facing northwest,sBlack’ PVN.2017, Commercial Building, east façade, facing west,District Status: Contributing Construction Date: c. 1884 Lunch Black’s Historic Name: Broadway Avenue South 323??District?Historic?Commercial?Downtown?Rochester?Study? Designation 352 Billiards, and Stage Grill. Beginning in 1913, city directories billiards and beer, The Cue Belmont’s C.tenants included H. 1935. Other towhich occupied the building from 1913 The longest tenant was the Joseph Devlin Harness Shop, a shoe shop, several billiards establishments, and a included 1962Broadway between 1909 and 324 parapet. Additional businesses located at building’s the to added “1910”building in 1910, Smith had the year the toBakery. When a new façade and addition were added Smith, owner of City J. L. by1909, the space was used By Morrill and Son. H. C. the wholesale grocer byoccupied the building was 1904,Between approximately 1891 and this location in 1884. atbuilding a Sanborn maps show Broadway Avenue South was constructed in 1910; however, 324Olmsted County assessor records indicate that wood sign stating “1910.”small centrally located front-gable, and a a with dentils, about the flat roof. The parapet wall includes a wood cornice brick parapet wall rises a headers. Above the second level, metal frame windows with stone sills and flat arched hungThe second level includes three one-over-one double-band is located about the transom windows. windows are located about the storefront, and a wood sign single wood and glass swing door. Divided light transom the north end. The entry includes a atrecessed entry a with composed of a wood and glass storefront isThe first story Streets Southwest. th and 4 rd between 3 Broadway Avenue ofrow of buildings fronting the east side part of the contiguous isstory painted brick building that - twoa isThe C.J. Morrill and Son, Wholesale Grocer building Building Description Alan Calavano.by Rochester in image 1910, c.façade, facing southeast, Son, Wholesale Grocer,, westandMorrill C.H. façade, facing east, 2017, PVN. Son Wholesale Grocer, westandC.H. Morrill District Status: Contributing Construction Date: c. 1884 Historic Name: C.H. Morrill and Son, Wholesale Grocer Broadway Avenue South324??District?His toric?Commercial?Downtown?Rochester?Study? Designation 353 6 1960.byBannon. It was vacant M. Payne, Robert Signs Company, and F. S.(resident), O. Baker C. C. the Smith Bakery Company, byoccupied this space was 1954, to½ Broadway. From 1913 324 - indicate that an additional space was located in the building ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 354 7 Mercantile Stores, and the Rochester Luggage store. Drug Store No. 4, Hargesheimer’s Nietz (drugstore owner), Poole (purveyor of drugs, wallpaper, and paints), L. E. A. F. businesses and business owners included ofbuilding. Names liquor store occupied the a luggage store, and a store, 1913, a mercantile toone operated by F.A. Poole from 1904 including — significance, several drug storesofof the period and the end 1904 1899. Between invariety store a 1890 and ingrocery store a Sanborn maps, the building housed toBroadway Avenue South was constructed in 1885. According 325Olmsted County assessor records indicate that band. centered within the decorative is stone ofshaped piece the diagonal decorates the cornice. A diamond onlaid brick ofbanner a windows. Above the windows, hebelow tcontinuous brick still extends A replacement windows. openings house one-over-one double-hung vinyl buff brick. Three punched in clad isThe second level centrally located on the façade. single fixed window A the façade. oflocated at the north end has been clipped and houses an entry. A second entry is salmon brick and stone. The southeast corner of the building ofa clad in is the building ofThe first story flat roof. a Southwest. The building is two stories with Streets th and 4 rd Broadway Avenue between 3ofside the contiguous row of buildings fronting the west ofpart is-story brick building that twoThe F.A. Poole Building is a Building Description Rochester Heritage Preservation Commission. theofnorthwest, 1965, image courtesy le Building, east façade, facingF.A. Poo PVN. F.A. Poole Building, east façade, facing west, 2017,District Status: Contributing Construction Date: 1885 Historic Name: F.A. Poole Building Broadway Avenue South 325??District?Historic?Commercial?Downtown?Rochester?Study? Designation 355 bicycle shop, a plumber, a saloons, billiard halls, a millinery, occupied both spaces. Other building occupants included 1960, Sperry & Hutchinson Co. In Company. TeaPacific and 328 Broadway were occupied by the Great Atlantic and 326 the 1930 and 1940 city directories, both Inand 1962. 1884variety of businesses occupied the building between According to Sanborn maps and city directories, a wide 1884. inSanborn maps depict a building at that location Broadway Avenue South was constructed in 1900; however, 328 - 326Olmsted County assessor records indicate that central arched section. shutters. The parapet wall includes corbelled details and obscured by exterior louvered arewindows themselves stills and segmental arched surrounds with keystones. The second includes six punched window openings, with stone the second story and parapet wall are painted. The atBrick door with transom window. composed of a single swing is the building. This entry ofend located at the isand glass swing doors. A secondary entry two metal ofcentral recessed entry. The entry is composed metal frame storefront windows flanking a of bays two not painted. The first story includes is the first story atBrick Streets Southwest. th 4and rd fronting the east side of Broadway Avenue between 3 part of the contiguous row of buildings isbuilding that -story painted brick two a is Co. TeaThe Atlantic & Pacific Building Description Heritage Preservation Commission. the Rochesterof 1920, image courtesy c.southeast, t Atlantic & Pacific Tea Co. west façade, facingGrea facing east, 2017, PVN. Great Atlantic & Pacific Tea Co., west façade,District Status: Contributing Construction Date: c. 1884 Historic Name: Great Atlantic & Pacific Tea Co. -328 Broadway Avenue South326??District?Historic?Commercial?Downtown?Rochester?Study? Designation 356 8 a hotel, and a dray line, a store, flour and feed a grocery store, two markets, an upholsterer, taxi cab service, a soda fountain, a a barber, a rooms, rented of establishment, tenants and cleaner’s tailor a ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 357 flat roof. a building is capped by projects slightly out from the plane of the façade. The painted metal cornice that a Brick corbelling rises up to “1858.”wood sign states centrally located a light vinyl-frame. Above the windows, divided areround-arched headers. The windows themselves The second level includes three windows with stone sills and extends above the windows. the façade. A sign band onarched transoms are located vinyl windows. Two entries with wood doors and round- The first story features wood paneling and fixed divided-light Southwest. Streets th and 4 rd Broadway Avenue between 3ofside buildings fronting the east of part of the contiguous row is a two-story painted brick building that isThe Columbia Hotel Building Description PVN.2017, Commercial Building, west façade, facing east,District Status: Contributing Construction Date: c. 1858 Historic Name: Columbia Hotel Broadway Avenue South 330??District?Historic?Commercial?Downtown?Rochester?Study? Designation 358 9 and Newsstand. Cigar Store and Huey’s restaurant, the Quality Printing Shop, the building included a ofphonographs. Later tenants store which sold sewing machines and a housed time, this space of for a period 1914; the building by ofrear Sanborn maps, another retail space had been created in the South Broadway between 1904 and 1923. According to 330that John Powderly and Son shoe store was located at 1899. City directories indicate inHotel occupied the space and the Columbia 1890,occupied the building in 1884 and saloon and restaurant a According to Sanborn maps, Sanborn maps depict a building at this location in 1884. Broadway Avenue South was constructed in 1900; however, 330Olmsted County assessor records indicate that ding UseBuil 2005.105.060.Scene”Street “Rochester of Olmsted County, detail ofCenter ofnortheast, 1955, image courtesy bia Hotel, south and west facades, facingColum MO5.9 RC2 r3.Minn.”Rochester, “Broadway, of Olmstead County, detail ofCenter ofnortheast, 1915, image courtesy Columbia Hotel, south and west facades, facing???District?Historic?Comm ercial?Downtown?Rochester?Study? Designation 359 February 2019 arches. capitals and bas-relief carved stone located within the windows are separated by arched brick columns with stone the corner bays, the Atcontinuous stone sills in each bay. in each bay. The windows are fixed metal-frame with the building features punched openings ofThe second level north façade. the of located in the central bay isslightly recessed entry brick pilasters with limestone detailing. A byseparated is storefront windows oftransom windows. Each bay locate between the main storefront window and isthat the first level. Each storefront includes a modern awning atThe building features metal and glass storefront windows façades. primary asStreet SE. Both the north and west façades serve th Broadway Avenue South and 4ofata corner lot -story brick building occupying twoa The Riverside Building is Building Description Rochester Daily Bulletin. September 13, 1919,Back,”Growing Store Hold a Can’t You “ insouthwest, 1919, image north facades, facingandRiverside Building, west PVN.2017, Riverside Building, north façade, facing south, District Status: Contributing Construction Date: 1919 Historic Name: Riverside Building 406 Broadway Avenue South)402, Broadway Avenue South (also 400 ???District?Historic?Commercial?Dow ntown?Rochester?Study? Designation 360 10 career in the candy business. -year 45a and had manufacturer” oldest candy newspaper article, Koelsch was 1940According to a Koelsch in 1925. G. J.K.T. Candy Company, established by Another notable occupant of the Riverside Building was the a new location in Rochester. to moved it when 1957,until Building deOrlen Bruns. The store was located in the RiversiRoss Furniture, established in 1946 by Ross Husband and the Riverside Building was Orlen ofOne notable occupant Association, and Rochester Laboratories. Band Box Cleaners, National Farm Loan R Tire Service, S & a wide variety of businesses, including Nelson byoccupied 1962, the building was to 1920scafeteria. From the writing room, kitchen, dining room, club room, and room, ladies’ department, bakery, meat market, wear”- to-“ready grocery department, dry goods department, existing and planned amenities included a 1919,opened in store.” When it departments of the largest city department the of “all the Cooperative Association contained ofthe new store The Rochester Daily Bulletin, the words of In Gauger. F. A.and may have been designed by architect constructed by the Grant Construction Company of St. Paul was ItCooperative Association for approximately $140,000. Building, was commissioned by the Olmstead County September 15, 1919. The structure, known as the Riverside onnewspaper articles indicate that the building opened Broadway Avenue South was constructed in 1920; however, 400Olmsted County assessor records indicate that .Preservation Commission the Rochester Heritageofimage courtesy 1957, – 1946 c.e Building, north façade, Riversid Rochester Heritage Preservation Commission. theof 1940, image courtesy – 1930 c.southwest, north facades, facingandRiverside Building, west ???District?Historic?Commercial?Downtown?Rochester?Study? Designation 361 F. C. the Cook Store. as John Cook byfounded in 1856 an upscale department store, was Massey’s,Massey Co. F. C. byFrom 1912 until 1991, the building was occupied barber. a and wallpaper store, a bookstore and stationary, a “Express,” an Printing and Telegraph Office,” “Hand tailor, a barber, a drugstore, a a millinery, a between 1884 and 1909 included laboratories. Other businesses located in the building first floor, while the second floor housed their medical consulting rooms, and operating rooms were located on the offices, doctors’ United States.” The medical practice in the the first integrated “establish doctors who would eventually Stinchfield, and Dr. Christopher Graham, W.Dr. Augustus Mayo, Dr. Charles Horace Mayo, Dr. Williams James Mayo, Dr. William Worrall ofbuilding housed the medical offices and businessman John R. Cook. Between 1883 and 1901, the Ramsey Block) was constructed in 1878 by Rochester banker the or the Cook Block asAvenue South (also known st 1202 level. atthree-over-one single-hung metal windows the first level and atstorefront windows with transoms frame and side-lights. In general, fenestration includes metal composed of a single-leaf glass door with metal isThe entry proclaiming “1911.”north elevation, beneath a carved stone the onrecessed entry is located A faced in brick. isstory façade update. The second 1952 a ofwas installed as part which – faced with granite iswood brackets. The first story oncopper and terra cotta detailing. The eaves are supported flat roof and wide overhanging eaves with a building has -stories. The twoAvenue South is st 1202 The building at Building Description .m http://www.lakesnwoods.com/RochesterGallery.ht 2017, 3, Lakesnwoods.com, accessed November Gallery,” Minnesota“Rochester atsoutheast, 1918, image west façades, facingandy Co., north MasseF. C. PVN. Massey Co., north façade, facing south, 2017,F. C.District Status: Contributing 1878Construction Date: Historic Name: C.F. Massey Co. Street Southwest) nd 220Avenue Southwest (also st 1202???District?Historic?Commercial?Downtown?Rochester?Study? Designation 362 11 remodel. 1982 remodel and a 1957remodels included a 1952. Additional innorth and west first-floor façades building’s Large Odessa granite slabs were added to the the south elevation between 1928 and 1948. ofportion the eastern toaddition which fronted the alley was added Anbuilding, where the 208 South Main building had stood. the of the south elevation of the western portion toadded and 1920, an addition was 19141909 and 1914). Between South Main was also demolished around this time (between 208neighboring building located at A South Broadway. eastern elevation to the alley between South Main and encompassing the one-story addition and extended its the south and east, tothe building was extended the building. In 1911, of the south elevation towas added Avenue S.W.) st addition which fronted South Main (now 1one-story a and 1899, 1890its construction. Between The building has undergone several exterior alterations since building was occupied by Mayo Clinic offices. the of most 2010, of AsMayo Clinic acquired the building. Street Shops. Shortly after the Shops closed in 1996, the acquired by Braun Fashions, Inc. and became the Second 1991, the department store was Inafter World War II. suburban shopping centers todepartment stores moved other downtown asAvenue location even st its 1atremaining notable for its long presence downtown, is Massey’s by the building, increasing its square footage ofeastern half expanded into the Massey’s address through 1948. In 1967, this atframe and printing businesses continued to operate shop, picture frame shop, and printing shop. The picture book and art shop, wallpaper a byeastern half was occupied Avenue South, while the st occupied the western half of 202 1 Massey’s 1914, Inbusiness in the late nineteenth century. assistant, acquired the Cook’s Massey, originally hired as Heritage Preservation Commission. the Rochesterofsoutheast, 1965, image courtesy west facades, facingand Massey Co., north F. C.???District?Histor ic?Commercial?Downtown?Rochester?Study? Designation 363 was located at this address. With the exception of the Jewelers Blickle’s in 1913. By 1963, Post & Record with the dicate that the Blakeley Printing Co. occupied the building in, Clare Blakely. Sanborn maps Rochester Post & RecordThe of was most likely derived from the owner Building” “Blakeley Avenue South. The name st 210 1atlocated ) was The Rochester Post-Bulletin newspaper (later known as The Rochester Post & Record the latest) and 1956, Avenue South was constructed in 1902. Between 1909 (at st 1210 Olmsted County assessor records indicate that Massey Building, located to the north. accessed through the adjacent is it – exterior door anhave rises from the second story cornice. The building does not “gable”clad in metal roofing. Additionally, a front facing ishipped parapet wall that a flat roof with a building has metal casement windows. The ofcentrally located pair second story has double-hung metal windows and a wood cornice separates the first and second stories. The painted A brick pilasters with limestone headers and sills. frame storefront windows that are separated by engaged the first level, the building has replacement fixed metal- AtStreets Southwest. rd and 3 nd Avenue South between 2 st 1 of buildings fronting the east side ofof the contiguous row part is-story brick building that twoa The Blakely Building is Building Description PVN. Blakeley Building, west façade, facing east, 2017,District Status: Contributing Construction Date: 1902 Historic Name: Blakeley Building Avenue Southwest st 1210???District?Historic?Commercial?Downtown?Rochester?Study? Designation 364 12 twentieth or early twenty-first century. the late incompletely rebuilt with non-historic materials d-story front façade, the building was almost secon Mane. Ted St.by America ofImages in 1956, image – 1925 c.Blakeley Building, west façade, facing northeast, ???District?Historic?Commercial?Downtown?Rochester?Study? Designation 365 Reporting Organization, Public Safety Council, and Rochester Rochester Radio Service, National Consumer Credit Chest, American Legion Club Room, Rochester Electric Co., Commerce, Rochester Community ofRochester Chamber Dance, ofPhilharmonic Orchestra, Ruth A. Young School Association, Rochester Automobile Club, Rochester Olmstead County Businessman’s Rochester Park Board, Association, Ladies Rest Room, Civic League, Boy Scouts, Civic and Commerce Association, Rochester Civic included the Commercial Club, Rochester Rating Association, saloon and various organizations. These organizations a byBetween 1904 and 1948, the building was occupied building does not appear on Sanborn maps until 1904. Avenue South was constructed in 1895; however, the st 1212 Olmsted County assessor records indicate that either end of the building. atwood brackets projection clad in copper tiles and supported by painted a parapet wall featuring a flat roof with hung wood sash and frame. The building is capped with a Palladian window. The window has nine-over-nine double- centrally located a tenants. The second story features accommodate the current tostorefronts have been altered the entry, the of either side Toentablature with dentils. Classical surround that includes Doric columns and an centrally located entryway with a a The first story has alley. an the building faces ofStreets Southwest. The south side rd 3and nd Avenue South between 2 st 1offronting the east side part of the contiguous row of buildings isbuilding that -story painted brick twoa isThe Commercial Building Building Description facing east, 2017, PVN. Rochester Commercial Club Building, west façade,District Status: Contributing Construction Date: c. 1904 Historic Name: Rochester Commercial Club Building Avenue Southwest st 1212???District?Historic?Commerc ial?Downtown?Rochester?Study? Designation 366 13 Mrs. Margaret Campbell. Stoner, and S. J.this period included H.R. Cooke, T. Iverson, t Bureau. Individuals occupying the building during Touris Alan Calavano.by Rochester in date, image nofaçade, facing east, Rochester Commercial Club Building, west???District?Historic?Commercial?Downtown?Rochester?Study? Designation 367 14 significance. ofcontinued to operate through the end of the period Leon Latz, but the cafeteria toHolland sold his business 1958, In the building to provide more dining space. toadded pipe organ recitals for patrons. In 1953, a second story was ofMinnesota artists, the cafeteria played radio broadcasts featuring the works of local toand art gallery. In addition cafeteria a Newton Holland converted the grocery store into 40s, orson Newton Holland in 1925. Sometime in the 1930s established in 1907 by Ernest Holland and acquired by his Holland’s 1931, this business was replaced by In a marble & granite business. bybuilding was occupied of the late nineteenth and early twentieth century, the building existing at this location in 1884. For much a shows however, Sanborn maps 1895; inAvenue South was built st Olmsted County assessor records, 216 1toAccording flat roof with parapet wall and metal coping. a building has the openings. The ofwindows fill the non-arched portion have been infilled with brick. Smaller rectangular vinyl level features round-arched brick window surrounds that Awnings are located over first level openings. The second the clipped corner. onsingle-leaf wood door located includes double-hung one-over-one vinyl windows, and a clipped. The first story is the building ofnorthwest corner anSouthwest. The north side of the building faces Streets rd and 3 nd Avenue South between 2 st 1ofeast side buildings fronting the of the contiguous row of part isthat -story painted brick building two a is Food Shop Holland’s Building Description Alan Calavano. by Rochester in 1953, image – 1931 c.southeast, facing rcial Building, west and north facades,Comme PVN.2017, Food Shop, west façade, facing east,Holland’s District Status: Contributing Construction Date: c. 1884 Food Shop Holland’s Historic Name: Avenue Southwest st 1216???District?Historic?Commercial?Downtown?Rochester?Study? Designation 368 1903, and he inbusiness in 1890. The sisters hired Winkle sisters Matie and Nellie assumed ownership of the William’s Knapp sometime after his arrival in Rochester in 1875. H. William byhold multiple tenants. China Hall was founded to that location, although the building continued tobusiness 1930, Winkle had transferred his china Byof China Hall. In 1927, the building was purchased by H.C. Winkle, owner tenants. of a large number bythat the building was often occupied the twentieth century show ofdirectories for the first half Realty Co., and Northwestern Mutual Life Insurance. City Service, the Mississippi Valley Teachers Bureau, Gordy century, including an undertaker, the Red Cross Home the twentieth of the first half in occupants ofwide variety Building was constructed in 1917. The building housed a Olmsted County assessor records indicate that the Stebbins wood brackets and clad in terra cotta tiles. painted by supported ispent eave that a flat roof with a building has “Stebbins.” The and “1917”story windows state exterior storm windows. Stone details above the second double-hung multi-light wood sash and frame with metal ofabove the storefront. The second level includes a row vinyl awning is located A central entry at the south side. the north side, and a storefront system with recessed at single swing door with transom light a first level includes anSouthwest. The south side of the building fronts Streets rd and 3 nd Avenue South between 2 st 1ofeast side buildings fronting the of the contiguous row of part isthat -story painted brick building twoThe Stebbins Building is a ding DescriptionBuil .PVN Stebbins Building, west façade, facing east, 2017,District Status: Contributing Construction Date: 1917 Historic Name: Stebbins Building Avenue Southwest st 1220??District?Historic?Commercial? Downtown?Rochester?Study? Designation 369 15 1990.owned business until family- a asengaged in its operation. China Hall continued Avenue South, and Winkle remained st 220 1atlocated 1962, the business was still Inbuying them out in 1914. d in their employment for eleven years before remaine 2014., November Magazine Rochester Landmarks,”Recognizable Rochester Nineof Now the Past: The Then-and-on “Building in 1970, image – 1944 c.northeast, south facades, facingandStebbins Building, west ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 370 addition to housing the offices of city officials, the building In 1932. or1931 Avenue South was constructed in st 1224 blocks. flat roof that steps down at the side a The building has three-over-three double-hung. beneath each window. First and second level windows are The side blocks are clad in brick, with stone spandrel panels centered in this area. is Rochester” Hall of “City inlaid carved stone panel stating Anthe second level windows, the building is clad in brick. hung with fixed sidelights and multi-light transoms. Above three-over-three double- are Second level windows hung. three-over-three double- arecapitals. First level windows stone detailing includes fluted pilasters with stylized Ionic the area where windows are located. The ofto the central building block ofalong the first and second levels stone surround with inlaid clock. Stone detailing extends fluted a multi-light transom window. The entry also includes metal and glass swing doors beneath a twowhich includes the north façade, rising up to the main entry, oncentered isconcrete staircase A garden level punched openings. concrete foundation and water table, with a The building has recessed, side blocks. taller central block, with shorter, slightly a The building has municipal buildings of the 1930s. ofModerne style, typical constructed in a isAvenue SW. The building st façade faces 1Street SW. The primary rd and 3SWAvenue st 1ofthe corner two story brick and stone building located at a isCity Hall Building Description 2003.047.020.Hall” City“Rochester Olmsted County, ofHistory Center theof date, image courtesy noRochester City Hall, City Hall, west façade, facing east, 2017, PVN.District Status: Contributing 1932 orConstruction Date: 1931 Historic Name: City Hall Avenue Southwest st 1224??District?Historic?Commercial?D owntown?Rochester?Study? Designation 371 16 housing. Street SE. In 1998, the former city hall was converted into th 4151 atnew government building was constructed a when The building was used for government functions until 1993, 28.” Post “Custer Clerks, and PO ofFederation Seventh Day Adventist Church, the Kiwanis, the National These included the First Church of Christ Scientist, the several organizations around mid-century. bywas utilized ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 372 centuries. City directories indicate that the building housed the late nineteenth and early twentieth ofbuilding for much have occupied the toImplement Store, which appears Williams Agricultural H. D.early occupants was the building’s a cost of approximately $4,000. One of the atshop house their wagon and carriage tothe Emerson Brothers bySouth was constructed in 1874. The structure was built Avenue st 304 1 Rochester Post, an article in the toAccording located at this façade. arewindows beneath modern awnings. Two modern metal The first level of the west façade includes modern storefront façade. the west ofSimilar windows are located at the second level punched window openings with segmental arched headers. the north façade has four-over-four ofThe second level carved in the cornice. “1874” is arched tops, and not have round doof this portion atwindows –separate structure a have originally functioned as to the façade. This portion of the building appears ofeast end second, recessed entry is located at the A round arches. located below one of the iswith sidelights and transom single swing door A fixed windows with round-arch tops. The first level of the north façade features a series of large brick water table separates the first and second stories. flat roof with metal coping. A corbelled a The building has primary façade. building’s the asAvenue façade serves st Southwest. The north facing 1Street rd Avenue South and 3 st 1ofonlocated a two story painted brick building isThe Williams Block Building Description Rochester Heritage Preservation Commission. theof date, image courtesy nosoutheast, Block, north and west facades, facingWilliams PVN. Williams Block, north façade, facing south, 2017,District Status: Contributing Construction Date: 1874 Historic Name: Williams Block 3rd Street Southwest)22Avenue Southwest (also st 1304??District?Historic?Commercial?Downtown?Rochester?Study? Designation 373 17 sometime between 1920 and 1928.SWStreet rd 322and Avenue South st door was installed in the wall between 304 1period of significance, since Sanborn maps indicate that a This integration may have occurred during the building.”be toStreet SW, which historically appears integrated with 22 3rd be to “appears Avenue South st 1 304 the building notes that ofrecent inventory A the 1920s. in and removed 1890ssouth of the original building in the the tofarm implement business. An addition was also added the of-opted for the use colding were constructed or bui the original of the south, east, and southeast tostructures Between 1884 and 1920, Sanborn maps indicate that several Shoe Store. Jung’s the Capital Eat Shop, and Beauty Shop, Clara’s Foster Electric Co., Supremacy Dairy, multiple occupants between 1913 and 1943. These included Preservation Commission. the Rochester Heritageof1960s, image courtesy c.Williams block, north façade, facing southwest, ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 374 18 and laboratories, faculty offices, and several businesses. contains apartments, classrooms Itand Campus Advantage. Minnesota Rochester ofpartnership between the University a asdistrict. The building, known as 318 Commons, was built the downtown commercial historic incontributing structure Avenue South was constructed in 2011 and is a non- st 1318 apartments within the building. ofdenoting the location have fixed metal windows, with small awning windows the building of the building. The upper levels toallow access make up the first level. Recessed metal and glass entries behind each other. Metal and glass storefront windows colors of fiber-cement panels, which weave in front and story portion. The building is clad in three twoa roof. The building includes an L shaped 9 story portion, and rectangular massed building with a flat a is Commons 318 Building Description PVN.2017, Avenue South, west façade, faing northeast, st 1318 District Status: Non-Contributing Construction Date: 2011 NAHistoric Name: Avenue Southwest (318 Commons) st 1318??District?Historic?Commercial? Downtown?Rochester?Study? Designation 375 19 artist cooperative. 24Gallery of 2015, the building was occupied by the Asbuilding. Auto Market was located in the Shapiro’s the 1940s, Max concrete block construction. Sometime during orconcrete indicates that the building originally featured hollow Sanborn map 1948South was constructed in 1942. A Avenue st 1324 Olmsted County assessor records state that doors. metal swing ofmodern storefront windows and paired also visible, and includes is south façade building’s The the south edge. atentry with a single swing door slightly recessed a includes modern storefront windows and Avenue South, and st façade faces 1 building’s primary flat roof with parapet wall. The a stucco cladding and single story building with a isThe Commercial Building Building Description(Rochester) Post-Bulletin. 2017,29, June History,” on Lens “Photos: Cindy Scott,and Lee Hilgendorf in1940s, image c.ercial Building, south façade, facing north, Comm PVN.2017, Commercial Building, west façade, facing east,District Status: Non-Contributing Construction Date: 1942 Historic Name: Commercial Building Avenue Southwest st 1324??District?Historic?Commercial?Downtown?Rochester?Study? Designation 376 shed roof. a has faced with metal and glass and iswest façade. The addition located on the issmall single-level partial width addition A windows complete the second level. level, while additional tall, narrow, multi-light metal second metal and glass swing door complete the first a and the second level. Storefront style windows atstyle window divided light storefront a the first level and atsingle metal swing door with side light a entry bay includes replacements. The central areelevation. Windows and doors located above the inlaid stone and wraps to the west islimestone cornice A Company.”County Bank and Trust lettering stating “Olmsted stone with brass ofinlaid course an iscolumns with rectangular bases. Above the columns two-story Doric ofpair a by flanked iscentral entry bay cut limestone. A recessed instyle. The building is faced flat roof and designed in the Neo-Classical a stories with The Olmsted County Bank and Trust Company building is two Building Description 2014., November Rochester Magazine Landmarks,”Nine Recognizable Rochester of Now the Past: The Then-and-on “Building Loutfi, Lizin 1954, image – 1918 c.façade, facing north, Trust Company, southanded County Bank Olmst façade, facing north, 2017, PVN. Trust Company, southandOlmsted County Bank District Status: Contributing Construction Date: 1918 Historic Name: Olmsted County Bank and Trust Company Street Southwest nd 27 ??District?Historic?Commercial?Downtown ?Rochester?Study? Designation 377 20 Club. Comedy has housed several restaurants significance. Since the 1970s, the building ofof the period Olmsted County Bank occupied the building through the end 1936. The inOlmsted County Bank and Trust Company the First State Bank of Rochester and purchased by the by 1918. The building was constructed inSouthwest was built Street nd Olmsted County assessor records indicate that 7 2 ding UseBuil Rochester Heritage Preservation Commission. theoffaçade, facing northeast, 1963, courtesy Trust Company, southandOlmsted County Bank ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 378 Street Southwest.location at the corner of Broadway Avenue South and Third The bank moved to the new building from its long-time Northwest National Bank of Rochester. tochanging its name Rochester ofcoincides with the Union National Bank the building of Rochester. Construction ofNational Bank The building was constructed in 1957 for the Northwest east façade. the of the second and third levels atopenings are located fixed with metal frames. Additional stacked punched the openings are in each level. The windows onopenings building features stacked punched openings, with three the second and third levels, the At the façade. onwest located further isa second recessed entry with recessed metal and glass entry with paired swing doors. A a is the storefront of the west Toeastern edge of the building. located at the arefrom the upper levels. Storefront windows metal separates the first level ofwith metal coping. A course flat roof a building faced with limestone. The building has a three story is Rochester ofThe Northwest National Bank Building Description façade, facing north, 2017, PVN. Rochester, southofNorthwestern National Bank District Status: Contributing Construction Date: 1957 Rochester ofHistoric Name: Northwestern National Bank Street Southwest nd 221-15?District?Historic?Commercial?Downtown?Rochester?Study? Designation 379 third levels. the second and atPrairie School façades that are extant 1934, the building was entirely re-clad with the Intenants. ofsignificance. The first level housed a variety period of District’s construction through the end of the the building from its ofI.O.O.F. occupied the second level organization with lodges throughout the country. The of the Independent Order of Odd Fellows (I.O.O.F.) fraternal The building was the original home of the Rochester Chapter the building. oflines frame the window groupings and emphasize the horizontal surrounds, and additional decorative terra cotta panels façade. Brick pilasters with terra cotta capitals, terra cotta the south atthe west façade and one grouping is located are punched openings ofdetails. Two groupings second and third levels exhibit high style Prairie School the southwest corner of the building. The athistoric location its in extant isclipped entry A modern limestone panels. replacement metal and glass storefronts and ofcomposed isAvenue South. The first level st Street Southwest and 1 nd corner lot, with façades facing 2a The building occupies the second and third levels. atdecorative terra cotta details flat roof and a style. The building is clad in brick with The three-story building is an example of the Prairie School Building Description northeast, 2017, PVN. south façades, facingandI.O.O.F. Lodge #13, west District Status: Contributing Construction Date: 1906 Historic Name: I.O.O.F. Lodge #13 Street Southwest nd 223?District?Historic?Commercial?Downtown?Rochester?Study? Designation 380 Southwest. Second Street 21-15new building at a 1957 Rochester and in ofNorthwestern National Bank followed in 1875. In 1956, the bank became the of services and capacity. The new, larger (extant) building expansion anBank. The name change was accompanied by the Union National as operate tothe bank secured a charter original building located at this same site. In 1873, bank’s The Bank.” Savings “Union the as1868, initially functioning National Bank. The Union National Bank was established in house the Union toThe building was constructed in 1875 openings. The second level windows have limestone sills. punched infeatures replacement metal frame windows both façades ofthe first and second levels. The second level limestone entablature separates A not currently operational. islimestone surrounds. The entry that fronts Broadway but their Classical Revival carved byentrances are identifiable each façade. The atprimary entrance a the building had projecting limestone sills. During the period of significance, above the limestone water table. The windows have replacement storefront style windows located ofcomposed is each façade ofSouthwest. In general, the first level corner lot fronting Broadway Avenue South and Third Street roof with projecting parapet wall. The building occupies a flat a limestone foundation and water table, brick walls, and -stories with a two isThe Union National Bank Building Building Description south, 2017, PVN. Union National Bank Building, north façade, facing District Status: Contributing Construction Date: 1875 Historic Name: Union National Bank Building Street Southwest rd 34 ?District?Historic?Commercial?Downtown?Rochester?Study? Designation 381 Realty Co. the Geo Leiferman Insurance and bybuilding was occupied From 1940 through the end of the period of significance the Block.” “Kennedy the asdirectories identify the building 1930s the building was unoccupied. Beginning in 1940, city the of the second level. For a portion as factory” “cigar the first level and a drinks” at “soft the building as housing Sanborn map notes 1920saloon. A a identify the building as 1909, and 1914 1904,Sanborn maps from 1890, 1899, business. of not specify their line doTeske and Chandler but Geo McCrudden, A.G. Baddger, HCP Radke, and astenants variety of tenants over its lifetime. City directories list early wide a The building was constructed in 1888 and has housed “Kennedy”.central sign that reads a windows. The medallions flank relief medallions are located at cornice level above the replacement one-over-one metal frame windows. Two bas- the second level, the building has four Atsecond levels. painted wood entablature separates the first and a awning, door. A fabric awning is located at transom level. Above the of a modern metal and glass storefront with single entry composed is the second level windows. The first level atsills the first level, and as headers and at quoins as present is it – detail the building to used iscorners. Rusticated limestone the atand raised parapet wall with pyramidal metal caps -story building is constructed of brick with a flat roof twoThe Building Description PVN. Kennedy Building, north façade, facing south, 2017,District Status: Contributing Construction Date: 1888 Historic Name: Kennedy Building Street Southwest rd 310?District?Historic?C ommercial?Downtown?Rochester?Study? Designation 382 1960 the tenant was the Minnesota Loan and Thrift Co. Northwestern National Bank occupied the building, and by the 1955, ByNational Bank occupied the building. 1950, the Union Inoccupied the building through 1940. the Rochester Loan and Trust Co. which asearliest tenant building’s financial institutions. City directories list the be to significance for the District tended ofduring the period tenants building’s The building was constructed in 1920. The façade, which was relocated to the building in 2007. the current byThe 1920 building has been obscured level. located at cornice arerelief carved panels with floral designs panels are located beneath the two windows. Three bas- window opening with limestone surround. Carved limestone single large a surround. The two side bays each have recessed entry. The single entry door has a carved limestone organized in three bays. The central bay has a isfaçade deck. The a asflat roof which serves a the building has stepped brick parapet and metal coping. Behind the façade constructed of buff brick with a isThe single story façade rest of the building does not. 2007. The façade contributes to the historic district, but the inBroadway Avenue South) and relocated to this property now demolished Lawler Laundry building (formerly 2 1920. The current primary façade was salvaged from the in this parcel was originally constructed onThe building Building Description facing south, 2017, PVN. Lawler Laundry Building Façade, north façade, Non Contributing –District Status: Primary Façade Primary Façade installed 2007 –Construction Date: 1920 Historic Name: Lawler Laundry Building Façade Street Southwest rd 314?District?Historic?Commercial?Downtown?Rochester?Study? Designation 383 period of significance.District’s the hotel throughout a their families. The building functioned as Mayo Clinic patients and ofdeveloped to serve the needs booming hospitality industry that Rochester’s ofpart The Hotel Francis was constructed in 1918. The hotel was the parapet wall. at present isdecorative brick ofprojecting span a surrounded by soldier bricks, and areatreplacements. Window and door openings central bay has paired windows. All windows are metal headers. The side bays each have tripled windows, the three bays of windows with limestone sills and brick the façade. The second and third levels of the west edge atsingle entry door a beneath transom level vinyl awnings and two storefronts of up the building is made ofStreet Southwest. The th primary façade faces south toward 4 building’s flat roof and stepped brick parapet wall. The a constructed of brick and has isThe three-story Hotel Francis Building Description Alan Calavano.by Rochester in no Francis, south façade, facing north, Hotel PVN. Hotel Francis, south façade, facing north, 2017,District Status: Contributing Construction Date: 1918 Historic Name: Hotel Francis Street Southwest th 417??District?Historic?Commercial?Downtown?Rochester?Study? Designation 384 APPENDIX?A:?CONTRIBUTING?AND?NON-CONTRIBUTING?PROPERTIES Building Riverside South Avenue Broadway 400 Hotel Columbia South Avenue Broadway 330 Co. Tea Pacific & Atlantic Great South 328 Broadway Avenue-326 Building Poole F.A. South Avenue Broadway 325 Grocer Wholesale Morrill and Son, C.J. South Avenue Broadway 324 Lunch Black’s South Avenue Broadway 323 Co.Egg and Poultry Rochester South 322 Broadway Avenue-320 Saloon Council and Hanson/The Baker South 321 Broadway Avenue-319 Hotel Bjerring Barbershop/Bjerring A.J. South Avenue Broadway 318 Company Bach Music South 317 Broadway Avenue-315 Block Co./Palace Paine F.J. South 313 Broadway Avenue-311 Co. Paine F.J. South Avenue Broadway 309Contributing Clausen and Adler Hardware Broadway Avenue South 307Contributing Department Store Dayton’s Broadway Avenue South 195 Historic District Commercial Downtown Rochester – Status Name Historic Address??District?Historic?Commercial?Downtown?Rochester?Study? Designation 385 FrancisHotel Southwest Street th 4 17 -Nonade çFa Building LaundryLawler Street Southwest rd 14 3 Kennedy Building Southwest Street rd 3 10 Building Bank Union National Southwest Street rd 34 #13 Lodge I.O.O.F. Southwest Street nd 2 23 Rochester of Bank Northwestern National Southwest Street nd 2 21-15 Company Trust and Olmsted County Bank Southwest Street nd 27 -Non Building Commercial Southwest Avenue st 1 324 -Non Commons) (318 NA Southwest Avenue st 1 318 Block William’s Southwest Avenue st 1 304 Hall City Southwest Avenue st 1 224 Building Stebbins Southwest Avenue st 1 220 Food Shop Holland’s Southwest Avenue st 1 216 Building Club Commercial Rochester Southwest Avenue st 1 212 Building Blakeley Southwest Avenue st 1 210 Co. Massey C.F. Southwest Avenue st 1 202 Historic District Commercial Downtown Rochester – Status Name Historic Address??District?Historic?Commercial?Downtown?Rochester?S tudy? Designation 386 Block William's Southwest Avenue st 1 304 Hall City Southwest Avenue st 1 224 Building Stebbins Southwest Avenue st 1 220 Shop Food Holland’s Southwest Avenue st 1 216 Building Club Commercial Rochester Southwest Avenue st 1 212 Building Blakeley Southwest Avenue st 1 210 Co. Massey C.F. Southwest Avenue st 1 202 Building Riverside South Avenue Broadway 400 Hotel Columbia South Avenue Broadway 330 Co. Team Pacific& Atlantic Great South 328 Broadway Avenue-326 Building Poole F.A. South Avenue Broadway 325 Grocer Wholesale Son, and Morrill C.J. South Avenue Broadway 324 Lunch Black's South Avenue Broadway 323 Co. Egg and Poultry Rochester South 322 Broadway Avenue-320 Saloon Council Hanson/The and Baker South 321 Broadway Avenue-319 Hotel Barbershop/Bjerring Bjerring A.J. South Avenue Broadway 318 Company Bach Music South 317 Broadway Avenue-315 Block Co./Palace Paine F.J. South 313 Broadway Avenue-311 Co. Paine F.J. South Avenue Broadway 309 Hardware Clausen and Adler South Avenue Broadway 307 Building Commercial South Avenue Broadway 206 Store Department Dayton’s South Avenue Broadway 195 Name Historic Address 1870-1885 1886-1945 1946-1962 Rochester’s Commercial Core in Development ofPeriods ??District?Historic?Commercial?Downtown?Rochester?Study? Designation 387 FrancisHotel Southwest Street th 4 17 Building Commercial Southeast Street th 4 15-9 Building Kennedy Southwest Street rd 3 10 Building Bank Union National Southwest Street rd 34 #13 Lodge I.O.O.F. Southwest Street nd 2 23 Rochester of Bank Northwestern National Southwest Street nd 2 21-15 Company Trust and Olmsted County Bank Southwest Street nd 27 Name Historic Address??District?Historic?Commercial?Downtown?Rochester?Study? Designation 388??District?Historic?Commercial?Downtown?Rochester?Study? Designation 389 APPENDIX?B:?WORKS?CONSULTED Business: Singer Sewing Center Business: Rochester Loan and Trust Company Business: Rochester Egg and Poultry Company Business: Powderly, John (Boots and S hoes) Business: F.J. Paine Co. Business: C.F. Massey Co. Business: Bach Music Co. Subject Files: Center of Olmsted County. History Minnesota Press, 1977. of. Minneapolis: MinnesotaofA Guide to the Architecture Gebhard, David and Tom Martinson. . Publisher unknown, 1947. Rochester: A Professional Town Fletcher, Merna Irene, Wabasha MN: Interstate Directory Co., 1896. -97. 1896 Rochester and Olm sted Country ofDirectory Downtown Street Scene, Rochester. MO5.9RC2 p4. 1937 Street Scene, Rochester. MO5.9RC2 p6. 1934. Stoppels Feed Store. 1973. Broadway, Rochester. MO5.9 RC2 p5. 1958. Broadway, Rochester. MO5.9RC2 r16. 1927 Broadway, Rochester. 9143-A. 1925. 1915 r3Broadway, Rochester. MO5.9RC2 Broadway, Rochester. MO5.9RC2 r12 1908 Broadway Looking North, Rochester. MO5.9RC2 r2 1905. Bro adway, Rochester. MO5.9 RC2 p1. 1900. Historical Images: ions Online, Minnesota Historical Society. Collect 1943. Co.,. Garden City NY: Garden City Publishing The Doctors Mayo Clapesattle, Helen. Ro chester, Minnesota. City Ordinance, Chapter 19B: Heritage Preservation. ofCity San Francisco: Arcadia Publishing, 2008. . Rochester (Postcard History Series)Calavano, Alan. .nps.gov/nr/publications/ bulletins/nrb15/ww://whttps. 2002. National Register Criteria for EvaluationtheBulletin 115: How to Apply National Register Historic Places, of and the Staff of the National Register W., Patrick An drus Rochester. 2014. ofPrepared for the City ”Area. Downtown – Properties 200 ofntory: Phase I Inventory Inve Group. “Rochester Historic 106 2014. the City of Rochester. forPrepared Country, Minn esota.”exts: Rochester, Olmsted Cont Group. “Rochester Historical 106??District?Historic?Commercial?Downtown?Rochester?Study? Designation 390 Oxford: Oxford University Press, 1998. United States. theArchitecture in Upton, Dell. -103, 1940. 2A-WBImage .lib.umn.edu/apps/mhapo/ww://w Minnesota Historic Aerial images Online. h ttpsofversity Uni 1979.Rochester, MN: Marquette Bank and Trust Company, Rochester: Mecca for Millions. son, Harold, Sever 1890, 1899, 1904, 1914, 1920, 1928, and 1948. 1884,Sanborn Map Company. Insur ance Map of Rochester, Minnesota. New York: Sanborn Map Company, Charleston: Arcadia Publishing, 2003. 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Designation 391 APPENDIX?C:?ADDITIONAL?PRESERVATION?OPPORTUNITIES? technology industries within the broader history of the city.city’s this knowledge gap and situate the context study be developed to address a recommended that is ItRochester. of historical documentation in industrial and residential development) are under-represented ofdevelopment (including patterns overall economic and phy sical city’s the oncontext studies. The effect that these industries had existing city’s reflected within the or IBM, are not documented as technology industries, such of existing historic context studies. The history and development City’s the indocumented and reflected medical industry, specifically the Mayo Clinic, are ofThe history and development Technology Industries Context Study Commercial Historic District.either not within the boundaries or do not contribute to the Rochester DowntownIndividual local designation of buildings that are located in the downtown c ore, but are·District to the public and interested partiestheof the significance of facilitate communication to interpretive material ofDevelopment ·improvements contributing properties within the D istrictMinnesota Legacy Grant money for capitalof Qualified ownership entities may pursue State ·historic district or through certification of the local districtan either through a nomination for – N ational Register of Historic Places designation ofPursuit · inform and manage change within the Districtto Design Guidelines ofDevelopment ·Potential additional preservation activities within the Dis trict could include: Criteria for Landmark District designation. This report evaluates the Rochester Downtown Commercial Historic District against City of Rochester Downtown Commercial Historic District??District?Historic?Commercial?Downtown?Rochester?Study? Designation 392 This page intentionally left blank?District?Historic?Commercial?Downtown?Rochester?Study?