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HomeMy WebLinkAboutAugust 19, 2024 Agenda Packet A 1.75.257,504,01$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni?75.257,504,01$fo?tnuoma?eht?ni?,4202?,91?tsuguA?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA??.licnuoC?ytiC?ehtfo?d rocer?laiciffo?eht?sa?gniteem?licnuoC?,4202?,5?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo?egdelP??.sdeen?ytilibiss ecca?ruoyssucsid?ot?)0092-823-705(?DDT/YTT?ro?)0092-823-705(?enohpelet?ro?)vog.nmretsehcor@krelcytic(?liameaiv?gniteem?licnuoC?eht?erofeb?syad?ssenisub?2?tsael?ta?eciffo?s’krelC?ytiC?eht?tcatnoc?esae lp?,gniteemlicnuoC?ytiC?eht?ni?etapicitrap?ylluf?ot?noitadommocca?elbanosaer?a?eriuqer?dna?ytilibasid?a?evah?uoy?fI?720261?:edocssaP??????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC???:mooZ? aiv?netsiL?dna?ni?enohpeleT BYZnGO2/yl.tib//:sptth?:mooZ?aiv?netsiL?&?hctaW?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnrevoG?:nosreP?ni?gniteeM?eht?d nettA?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?00:64202?,91?tsuguAnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC4202?,91?tsuguA?rof?elbayaP?stnuoccA.2.F4202?,5?tsuguA?fo?gniteeM?licnuoC?ytiC?eht?r of?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B??.emit?siht?ta?elbaliava?ton?si?noitapicitrap?lautriV?.etapicitrap?ot?syaw?lanoi tiddarof?senilediug?tnemmoC?nepO?weiV?.gniteem?eht?erofeb?setuniM?03?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo?eht?weiV doireP?tnemmoC?nepO. F 2.ytilibixelfretaerg?wolla?ot?noitcurtsnoc?wen?rof?smumixam?tner?gnidulcni?,margorP?evitnecnI?noitacifissalCxaT?)d(4?gnisuoH?elbadroffA?ytnuoC?detsmlO-retsehcoR?eht?ot?snoitacifidom?ronim?gniziroht uA?.elor?reganaMmargorP/rotanidrooC?baheR?emit-lluf?a?etaerc?ot?tnarg?eht?fo?noitazilitu?gnizirohtuA?.2dna?;smargorpedargpu?ygrene?dna?,noitazirehtaew?gnisuoh?,noitatilibaher?gnisuoh?ytinummoc?gnitsi xeeht?dnapxe?pleh?ot?tnarG?egnahC?ytinummoC?s'ycnegA?noitcetorP?latnemnorivnE?eht?otnoitacilppa?na?fo?pihsrosnops?dna?troppus?s'ytiC?eht?gnigdelwonkca?noituloseR?a?gnitpodA?.1?.atosenniMfo?etatS?eht? morf?deeD?sdnaL?detiefroF?fo?ecnayevnoC?eht?ni?dedulcni?noitcirtser?esu?ehtmorf?,068500.13.53.47?)NIP(?rebmuN?noitacifitnedI?lecraP?,11?dna?6?fo?noisividbuseR?s'toillE?,6kcolB?,2?toL?fo?teef?24?htroN ?eht?esaeler?ytnuoC?detsmlO?taht?gnitseuqer?noituloseR?a?gnitpodA?.tropriA?lanoitanretnI?retsehcoR/retsehcoR?fo?ytiC?eht?dna?noitatropsnarT?fotnemtrapeD?-?atosenniM?fo?etatS?eht?neewteb?tnemeerga?noi tcurtsnoc?evitarepooc?a?gnizirohtuA?.)AAF(?noitartsinimdA?noitaivA?laredeF?eht?htiwstnemeerga?tnarg?fo?noitucexe?gnizirohtua?dna?tnarg?eht?gnitpecca?noituloseR?a?gnitpodA?.3.atosenniM?fo?etatS?eht?ht iwstnemeerga?tnarg?fo?noitucexe?gnizirohtua?dna?tnarg?eht?gnitpecca?noituloseR?a?gnitpodA?.2dna?)TSR(tropriA?lanoitanretnI?retsehcoR?eht?ta?secivres?ngised?noisnapxe?dna?noitcurtsnocer?norpanoitaiva? lareneg?rof?tnuH?&?daeM?htiw?tnemeerga?secivres?lanoisseforp?a?gnizirohtuA?.1?.secivreS?lacituanoreA?laicremmoC?rof?sdradnatS?muminiM?tropriA?eht?gnizirohtuA?.C?etiuS?,WStS?ht61?7151?ta?detacol?,llir G?dna?raB?stropS?doowdliW?ta?gnitarepo?,noitaicossA?llabtooF?htuoYnoryB?eht?rof?timrep?gnilbmag?launna?laitini?na?fo?ecnaussi?eht?gnizirohtua?noituloseR?a?gnitpodA?.noituloseRdehcatta?eht?fo?2?.oN?me tI?ni?detsil?stcejorp?evitca?dnuf?ot?stnuoma?detats?eht?refsnartot?dna?;01.11?noitceS?,retrahC?ytiC?eht?ot?tnausrup?sdnuf?gnirrefsnart?dna?,stcejorp?cificepsnihtiw?sesahp?detelpmoc?ro?,stcejorp?tneme vorpmi?detelpmoc?gnisolc?noituloseR?a?gnitpodA?margorP?evitnecnInoitacifissalC?xaT?)d(4?gnisuoH?elbadroffA?ytnuoC?detsmlO-retsehcoR?eht?ot?etadpU?4202.01.FtnarG?egnahC?ytinummoC?ycnegA?noitcetorP?lat nemnorivnE.S.U?eht?morf?sdnuF?tnarG?gnizilitU?noitisoP?ffatS?ytiC?a?gnitaerC?rof?troppuS?licnuoC.9.F?noitcirtseR?deeD?esU?cilbuP?morf?ytnuoC?detsmlO?yb?lecraP?fo?esaeleR.8.F)6?.oN?tcirtsiD(?noitatrop snarT?fotnemtrapeD?atosenniM?-?atosenniM?fo?etatS?eht?htiw?tnemeergA?noitcurtsnoC?evitarepooC.7.F)TSR(?tropriA?lanoitanretnI?retsehcoR?eht?ta?secivreS?ngiseD?noisnapxE?&?noitcurtsnoceRnorpA?)AG(?noit aivA?lareneG?rof?tnemeergA?secivreS?lanoisseforP?dna?ecnatpeccA?tnarG.6.FsecivreSlacituanoreA?laicremmoC?rof?sdradnatS?muminiM?)TSR(?tropriA?lanoitanretnI?retsehcoR.5.FllirGdna?raB?stropS?doowdliW?ta ?noitaicossA?llabtooF?htuoY?noryB?-?timreP?gnilbmaG?launnA.4.FsdnuF?fo?refsnarT?launnA-imeS?-?stcejorP?latipaC.3. 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Action Plan 6 indicators that help advance priorities.goals, actions, and performance Action Plans will be developed to identify Foundational Principles cost?effective,?and?re?ect?our?Service delivery is optimized, •integrated, and easy to navigateOperations are sustainable, •identi?ed?by?the?community changing demographics and needs The?organization?and?services?re?ect? •and equityopportunities that provide access Cultural and recreational •Areas of Focus Council and community values Adopt?design?guidelines?that?better?re?ect? •current?decisions?re?ect?future?proj ections strategies for Comprehensive Plan to ensure Develop implementation tools and •revenueresources, Legislative allocations, and City approach to effectively allocate DMC Establish competitive and sustainable •City leadership and community values economic?development?partners?in?de?ning?Create clarity, alignment, and unity with •Areas of Focus and Seniorsfor Black, Indigenous, People of Color, Increasing ownership opportunities •Owner-occupied affordable housing •amenitiesAccess to opportunities and •creative incentivesEquitable regulatory landscape and •Transportation options and access •Housing variety and affordability •Areas of Focus Quality Services 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 its reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcoming?and?diverse?c ommunity.and industry thrive, and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy a high quality of life. Where business is a City that cares. Where all people are treated with dignity and respect. Rochester innovative team. A vibrant, compassionate, -Quality Services-Economic Vibrancy and Growth Management-Affordable Living-Compassion-Social Equity-Public Safety Sustainability-Fiscal Responsibility & Stewardship-Environmental VisionCity VisionOrganizationalPrinciplesStrategic Priorities Open Comment 7 cityclerk@rochestermn.gov2900 or -328-Questions? Contact the City Clerk’s Office: 507 . citycouncil@rochestermn.govan email to the full Council at Send ✓ .Council Members –City Council website under find their email addresses on the City’s –an email to your individual Councilmember Send ✓ Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk -City of Rochester an open comment In the mail to: Send ✓ .and give it to the Clerk person at the Council Meeting-a written open comment form in out Fill ✓ ity Council prior to the meeting that day.your comment will be distributed to the Cand publiccomment@rochestermn.govthe City by Noon on the day of the meeting Email ✓ following contact methods are also available: public comment, or you would prefer to submit your comments through a different medium, the person to provide -If you are unable to attend invirtual participation is not available. Currently during Open Comment.Matters currently under negotiation, litigation, or related to personnel will not be discussed Items on the agenda for a public hearing may not be discussed during Open Comment. speakers during the Open Comment Period. run slideshows, or play video for make copies, , The City Clerk does not create materials ✓ to the attach them &mailboxes ls in Council lace materia ✓ . City ClerkPrinted materials brought to the meeting should be handed to the ✓ . citycouncil@rochestermn.govdirectly to the Council at ing materials in advance by email information share Community members are encouraged to ✓ bits to share with the Council: f speakers have exhiI . d their time to another speakerly not yieSpeakers ma ✓ t Period per calendar month. Open Commene (1) onkers may only speak at Spea ✓ minute period is exhausted. -minutes until the 20 )2wo (tspeaker may speak for up to Each ✓ 0 minutes. Open Comment Period is limited to 2 ✓ ines apply: The following speaker guidel hoice. Council on a topic of their cy provides the community with an opportunity to address the Cit Open Comment Period The Participation GuidelinesOpen Comment Period Period M 8 4202?,5?tsuguA?fo?gniteeM?licnuoC?ytiC?-?setuniM?tfarD:stnemhcattA egroFaL?lehcaR:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcap mI?ecruoseR?&?lacsiF?.gniteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal?yb?deriuqer?sa ?krelC?ytiC?eht?yb?dehsilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.licnuoC?ytiC?retsehcoR?eh t?fo?drocer?laiciffo?eht?era?setuniM?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,4202?,5?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F4202, 5?tsuguA?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE City Council 9 llaC lloR/redrO ot llaC)B was closed.periodent commpublic open the speak, to wished who persons other o nHearing TU 10051. Adam Buzbee, speaking on behalf of the A to speak.The open public comment period was opened and the following persons were called Open Comment Period Guidelinesavailable at this time.notis participation irtual Vparticipate. to ways additional for guidelines entCommOpen iew Vmeeting. the re befoMinutes 30 Person In Sign-up A.1)doireP tnemmoC nepO)A ision, Principles, and PrioritiesV retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiVecnaigellA fo egdelP :gniteeM eht gniweiV dna gnidnettA AbsentahlNorman WPresentKim NortonPresentPatrick KeanePresentMark BransfordPresentKelly Rae KirkpatrickPresentShaun PalmerPresentMolly DennisPresentBrooke Carlson StatusAttendee NameMINUTESCity Council ACITY OF ROCHESTER, MINNESOT- August 5, 2024 MOVER:10 outhCommission-YResiliency and Sustainability the to ran TWill 7. December 31, 2024.dingenNoonan E. of term nexpired uthe fill to , immediatelyefCommission,Resiliency and Sustainability the to Amanda 6. 2026.31,December ending Holton D. of rm teunexpired the fill to , immediatelyfectiveefCommission, Resiliency and Sustainabilitythe to Kinzy rri eT5. 2025.31,December ending Crawford J. of m terunexpired the fill to , immediatelyctivefeefCommission, Zoning and Planning the to ost Ys Nicola4. 31, 2025.berDecemending Fox A. of term unexpired the fill to , elyefion,CommissAdvisory and Pedestrian the to right W Paula3. unexpired term of R. Dale ending June 30, 2025. thefill to , immediatelyef5, ard Board-WPark the to Kunz 2. first four-year term (replacing A. Gupta) ending June 30, 2028.theirfor , immediatelyef2, ard -WBoardPark the to Whitehill ricia T1. Approved the Mayoral appointments of:Official Act:Appointments to Boards and Commissions .2)F - City Council Meeting of July 15, 2024Minutes DRAFT Cover Pageficial record of the City Council.meeting as the ofCouncil2024, 15, July the of video and the epted Acc Act:Official Minutes for the City Council Meeting of July 15, 2024 .1)F.18.Council Member Dennis pulled item F adnegA tnesnoC)F Motion to Approve the Order of Agenda.adnegA fo redrO)E s Report for August 5, 2024’Mayor tropeR s’royaM)D s Report for August 5, 2024’Administrator tropeR s’rotartsinimdA ytiC)C APPROVED \[UNANIMOUS\]:TRESUL ahl:ABSENT Kirkpatrick, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane Representative, 11 Cover Pagecommunity festival.ait declaring and event Festival Art City Med the for application permit eventspecial the approving 146-24No. Resolution Adopted Act:Official Med City Art Festival - Community Festival .7)F Report - 2024 Second Quarter Investment Performance Cover PagePerformance Report for the period ending June 30, 2024.InvestmentQuarter Second 2024 filed and Received Act:Official 2024 Second Quarter Investment Performance Report .6)F Report - 2024 Second Quarter Budget Performance Cover PagePerformance summary report for the period ending June 30, 2024.BudgetQuarter Second 2024 the filed and Received Act:Official 2024 Second Quarter Budget Performance Report .5)F Cover Page$39,372,270.79 and accounts payable of $24,846,195.60.ofpurchases investment including $64,218,466.39 of amount the in 2024,5, August for disbursements total of listing the Approved Official Act:Accounts Payable for August 5, 2024 .4)F Cover Pagean error in a previous Council action).(correcting2027 30, June ending term three-yearfirst their for immediately fectiveefCommission Service Civil e Policthe to Dugstad ourtney C3. Council action).previousa in error an (correcting 28 2030, June ending term four-year firsttheir for immediately fectively efBoard Park the to Cormack Martin2. Council action).previousa in error an (correcting 28 2030, June ending term four-year ondsectheir for immediately fective efBoard Park the to RamakerChad 1. Approved the Mayoral reappointments of:Official Act:Reappointments to Boards and Commissions .3)F Cover Pageending December 31, 2024.essRA. of term unexpired the fill to , immediatelyfective ef F 12 agreements executed in 2006 and 2013.developmentof result as occurring NW Dr eatherstone Wand NW St 55th Fills Gap Sidewalk 2024 the for $77,500, of amount the in o. CConner approving a contract with DoyleResolution No. 149-24 Adopted Official Act:eatherstone Dr NW NW and W55th at Fills Gap Sidewalk 2024 the forCo. Conner Doyle with Contract F iveraWLiability (LMCIT) rust TInsurance Cities Minnesota of League Form Cover Pagemonetary limits on municipal tort liability for all related policies.thewaive" "not to option the selecting andBoard, Powers Joint atershed WZumbroSouth the and AuthorityDevelopmenmic EconoRochester theCitythe of behalf on Form aiver WLiability (LMCIT) rust TInsurance CitiesMinnesota of League the of execution Authorized Act:Official aiver Form rust (LMCIT) Liability WLeague of Minnesota Cities Insurance T.10)F ve SW - 200 blockMap - 15th A Cover Page.ve SWof the 200 block of 15th Asideeast the on meters parking add to Book Resolution Parking and fic rafTmprehensivethe nding ame 148-24No. Resolution Adopted Act:Official ve SW - 200 block Parking Meter Addition on 15th A.9)F ve SW - 100 blockMap - 1st A Map - 4th St SE - 100 block Map - 4th St SW - 10 block Map - Churchill Elementary School ve SE - 400 blockMap - 13th A Map - 2nd St SE - 10 block Map - Northern Hills Dr NE - 10 block ve SWMap - 4th St SW and 10th A Cover Pagestreets as of August 5, 2024.variouson restrictions parking amend to Book Resolution Parking fic rafTmprehensivethe nding ame 147-24No. Resolution Adopted Act:Official arious Locations for August 5, 2024 Parking Restriction Changes in V.8) Cover Page 13 Proj. No. J8707-22 2022, August Agreement Services ransitTLINK Executed - Agreement Cover PageProject.ransitTRapid Bus LINK the for Clinic Mayo and Rochester of City the betweenAgreement Use Shared and t, Agreementruction Cons1,Amendment greement AOperations Services roved App Act:Official ransit Project Agreements with the Mayo Clinic for the LINK Bus Rapid T.14)F Budget Data Sheet - 2024 Catch Basin Rehabilitation Project - J6737J6737- Project Rehabilitation Basin atch C2024 - Contract of Form Standard Project Location Map - 2024 Catch Basin Rehabilitation Project - J6737 Cover PageRehabilitation Project – Project No. J6737.asinBCatch ater WStorm 2024 the for $393,978 of mount athe in C LLICON, withcontract a approving 151-24No. Resolution Adopted Act:Official Rehabilitation Project - Project No. J6737 BasinCatch ater WStorm 2024 the for LLC ICON, with Contract .13)F Project No. J4729-Locations arious Vin Ramps edestrian P2024 - Contract of Form Standard No. J4729Project- Locations arious Vin Ramps n Pedestria2024 - Sheet Data Budget Map - 2024 Pedestrian Ramp Locations - Project No. J4729 Cover Pagearious Locations - Project No. J4729.Ramps in VtrianPedes2024 for $179,260.08, of t amounthe in LLC crete, ConZack i-Twith ract conta roving app 150-24No. Resolution Adopted Act:Official arious Locations - Project No. J4729 VinRamps Pedestrian 2024 the for LLC Concrete, i-Zack Twith Contract .12)F eatherstone Dr NWWandNW St 55th at Fills Gap Sidewalk 2024 - Contract of Form Standard NWDre eatherstonWand NW St 55th at Fills Gap Sidewalk 24 20- Map Location eatherstone Dr NWWandNW St 55th at Fills Gap Sidewalk 2024 - Co Conner Doyle - Quote Agreement - Link BR 14 Recreation Complex Project No. J2870andSports Regional - Campus est WRochester - Agreement Purchase J2870No. Project Complex Recreation and Sports Regional - Campus est WRochester- Agreement Purchase Property of Assumption and Assignment Complex Project No. J2870tionRecreaand Sports Regional - rms FaBadger - ent AgreemPurchase Farms - Regional Sports and Recreation Complex Project No. J2870Badger- Agreement Purchase Property of Assumption and Assignment J2870No.-Project Complex Recreation and ts SporRegional - Map tions LocaSite Cover Page642513087720, PID No. 642532087724, & PID No. 642532087722 No.PID parcels, three of consisting Corporation Foods Seneca - 3 Property 13085447of parcel PID No. 7421rtionpoof consisting site) IBM (former Campus est WRochester - 2 Property 1082670& PID No. 75241121752413035No. PID parcels, two of consisting Farms r Badge- 1 Property J2870: No.Project (RSRC) Complex Recreation and Sports Regional he tfor considerationunder properties three following the for Agreements Purchase ofAssumption and Assignment of execution horized Aut Act:Official Regional Sports and Recreation Complex -Project No. J2870 thefor Agreements Purchase Property of Assumption and Assignment .16)F revisedAe PackagDB Elect 15kv Clinic ayo M- Agreement & Permit Revocable Cover Page., and 3rd St SWve SW, 6th Ave SWthe right-of-way of 5th Aithinwbanks duct electrical of acement plfor Clinic Mayo with agreement") ("theagreement and t permirevocable a zed uthoriA Act:Official ay Right-of-WinBanks Duct Electrical - Clinic Mayo ith wAgreement and Permit Revocable .15)F 20235,September Contingencies Services ransit TMayo T BRLink - Agreement A Services Agreement First AmendmentAgreement - FT T Shared Use AgreementAgreement - Link BR T Coordinated Construction Agreement MOVER:15 senilediuG gniraeH cilbuPsgniraeH cilbuP)G.17..1-FMotion to Approve in block items FAmendments within the Urban Service AreaPlanUse Land County to Requirements City Eliminate toAmendment ext TPlan Use Land County Opposing dumMemorandiscussion) for H.2 to ed movand from pulled (item .18)F Hills - Project No. J5574of Ponds - Contract Sechnical TProfessional New 2024 Project No. J5574-ills HHighland of Ponds - Contract Services echnical T Professional2022 2022 City-Owner Contract - Ponds of Highland Hills - Project No. J5574 574J5No. - Hills Highland of ds Pon- ting Depicibit ExhNew J5574No.- Hills Highland of Ponds - t Contracty-Owner Ciended Am2024 Cover PageAmended City-Owner Contract No. 1 (2024).J5574the of execution City to ubject sHighland of Ponds Serve tots ImprovemenJ5574, No. to work for 291,320, $for dba Inc., GGG, with contract services technical professional A 2. and Contractor's Submission of the appropriate bonds; andappropriate depicting plans of approval upon conditional tionexecuCity with Highland of Ponds Serve to Improvements ublic"PJ5574, No. to amendment contract City-OwnerA 1. Authorized:Official Act:Highland Hills - Project No. J5574 ofPonds Serve to Improvements Public Contract: City-Owner .17)F Project No. J2870ComplexRecreation and Sports Regional - Seneca - Agreement Purchase Regional Sports and Recreation Complex Project No. J2870 -Seneca - Agreement Purchase Property of Assumption and Assignment APPROVED \[UNANIMOUS\]:TRESUL ahl:ABSENT Kirkpatrick, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:16 ilesm25 of limit speed a with street City any on carts olf gof operation and permittingfor allow to Carts" Golf Motorized 1-2. 1"Ch. (RCO) Ordinances ofCode Rochester to amendments Ordinance proposed Approved 1. Official Act: 1-2. Motorized Golf CartsChapter 1Ordinancesof Code Rochester to Amendmentsnce OrdinaProposed H.1)snoitadnemmoceR dna stropeR)H Motion to Approve the item with four conditions. alley FourthT Century VReview Comments - CD2024-018PLA alley FourthT Century VFinal Plat Exhibit - CD2024-018PLA alley FourthT Century VSite Location Map - CD2024-018PLA alley FourthT Century VNotification Map - CD2024-018PLA alley FourthT Century Vimeline - CD2024-0018PLADevelopment T urthFoalley VT CD2024-018PLA- Memo opment DevelCommunity Cover Pagethe public hearing was closed.eak,spto wished who no aring Hewas public The item.theto spoke SEH, with engineer Dan representative s Applicant’Planner Jase Pater introduced the item.for the subdivision of 44.80 acres into 28 residential lots and three outlots.Fourth,alley Vas known be to Payne,Roger by T CD2024-018PLANo.Plat Final approving 152-24No. Resolution Act:Official alley FourthT to be known as Century VFinal Plat No. CD2024-018PLAG.1) Public Hearing Guidelines .emit siht ta elbaliava ton si noitapicitrap lautriV.etapicitrap ot syaw lanoitidda rof senilediug gniraeH cilbuPweiV .gniteem eht erofeb setuniM 03 nosreP nI pu-ngiS 1 - 1\]APPROVED \[5 - :TRESUL ahl:ABSENT Kelly Rae Kirkpatrick YS:NA Bransford, Patrick KeaneMark, PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:17 Cover Pageetzer answered questions about the item.Deputy City Administrator Ryan Ymay be made to City Urban Service Areas.amendmentan before approval City requires that language policy County currentthe of importance the uphold and recognize toCommissioners Countythe urging A Attachment as incorporated Opposition ofMemorandum the with 153-24No. Resolution Act:Official County Land Use Plan Amendments within the Urban Service AreaApproveto Requirements City minate Elito Amendment ext TPlan Use LandCounty Opposing Memorandum .18) Fitem (formerly H.2questions about the item.eredanswCartwright Clerk City Deputy vote, the and motion the firstfor Ordinance an to fice ofAttorney's ity Cthe irecting D2. per hour or less, andilesm25 of limit speed a with street City any on carts olf gof operation and permittingfor allow to Carts" Golf Motorized 1-2. 1"Ch. (RCO) Ordinances ofCode Rochester to amendments Ordinance proposed Approving 1. Motion: ravel with Proposed OrdinanceMap - Limits of Golf Cart T 1-2 - Motorized Golf CartsOrdinance Amendment - Chapter 1 Cover PageCity Administrator Alison Zelms answered questions about the item.Deputy City Clerk Christiaan Cartwright answered questions about the item. 1-2 Motorized Golf CartsOrdinances Chapter 1ofCode Rochester to Amendments Ordinance Proposed - Presentation and answered questions.itemthe presented Sam nager MaOperations and Engineer fic rafTfirstfor Ordinance an to fice ofAttorney's City the D2. per hour or less.1 - 1\]APPROVED \[5 - :TRESUL ahl:ABSENT Molly Dennis YS:NA Mark Bransford, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:18 Motion to Adjourn.tnemnruojdA)N.websiteCouncilCity the at found be may and Procedure of Rules City The 6:56 p.m.atChambers the from Dennis Member expelled resident Pand Procedure of Rules City theof 3.D Rule 1, to Pursuant City Attorney Michael Spindler-Krage spoke to procedure.ssenisuB rehtO)MsmetI delbaT)LsgnidaeR dnoceS ecnanidrO)K Ordinance - Arnett Enterprise CD2024-001ZC Cover PageCity Attorney Michael Spindler-Krage gave the first reading.(Light Industrial) to MX-C (Mixed Use Center).LI fromacres 4.73 rezoning LLC., Enterprises, Arnett y bCD2024-001ZC No.Change Zone of First the led Fiand eived Rec Act:Official Zone Change No. CD2024-001ZC, by Arnett Enterprises, LLCJ.1)sgnidaeR tsriF ecnanidrO)JsnoitcA detaitinI licnuoC)I answered questions about the item.etzerYAdministrator City Deputy vote, the and motion the Motion to Approve the item. PlanUseLand County the f o10 Ch. Amending When PlanUse LandCity the with Consistency Continued for - Memorandum Draft Patrick Keane MOVER:1 - 1\]APPROVED \[5 - :TRESUL ahl:ABSENT Kelly Rae Kirkpatrick YS:NA Bransford, Patrick KeaneMark, PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane SECONDER:19.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 __________________________________The meeting adjourned at 6:56 p.m.APPROVED \[UNANIMOUS\]:TRESUL ahlMolly Dennis, Norman W:ABSENT Mark Bransford, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Shaun Palmer M 20: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 45714/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth?:4202?,91?tsuguA?rof?tropeR?yrammuS?PA25714/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:4202?,91?tsuguA?rof?tropeR?liateD?P A:troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.75.257,504,01$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni75.257,504,01$?fo?tnuoma?eht?ni?,4202?,91?tsuguA?rof?stn emesrubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???2.F4202?,91?tsuguA?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?ecnaniF:TPED?GN ITANIGIRO4202?,91?tsuguA:ETAD?GNITEE M 21 drocer?niatniam?ot?drawrof?srefsnart?gnisolc/gnidnuf?yna?gnignirb?,sisab?launna-imes?a?no?secnalabtcejorp?sweiver?tnemtrapeD?ecnaniF?eht?,ytilibaniatsuS?&?ytilibisnopseR?lacsiF?fo?elpicnirp?lano itadnuofeht?htiw?trecnoc?ni?secivreS?ytilauQ?gnidivorp?fo?ytiroirP?cigetartS?s'licnuoC?ytiC?eht?htiw?gningila?nI:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytil auQ:selpicnirP?lanoitadnuoF?&?seitiroirP 24.052,939,9derrefsnarT?sdnuF?latoT59.977,021skraP46.995,802floG00.000,064egdirB42.100,951,1tropriA00.510,475retaW?dna?reweS95.178,216tnemevorpmIteertS?rojaM1 1.172,075gnidliuB?dna?dnaL00.000,532lortnoC?doolF98.117,899,5retneClacideM?noitanitseD.24.052,939,9$?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?ehT.01.11?noitceS?,retrahC?ytiC?ot?tnausrup?decnanif?dna?detaerc?erew?sdnuf?tcejorp?ehT?.secnalabticifed?tcejorp?dnuf?ot?srefsnart?ro?secnalab?dednep xenu?eht?fo?srefsnart?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?stcejorp?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?tnemevo rpmi?detelpmoc?gnisolc?noituloseR?a?gnitpodA:detseuqeR?noitcA???3.FsdnuF?fo?refsnarT?launnA-imeS?-?stcejorP?latipaC NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD? ecnaniF:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE k 22 stcejorP?tnemevorpmI?latipaC?rof?sdnuF?fo?noitacollA?-?noituloseR:stnemhcattA sirraH?yoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA??.raey?eht?fo?dne?eht ?ta?ytixelpmoc?dna?emit?noitailicnocer?eht?gnicuder?,emitlaer?ot?esolc?ni?ycarucca?gnipeekkoob?sniatniam?dna?,secruoser?elbaliava?eht?dna?stegdub??detcejorphtiw?enil?ni?stcejorp?gnidnopserroc?dna?sec nanif?PIC?ytiC?speek?gnidnuf?fo?srefsnart?launna-imeS:tcapmI?ecruoseR?&?lacsiF.ssecorp?tegdub?eht?gnirud?devorppa?snalP?tnemevorpmI?latipaC?nodesab?era?srefsnart?ehT?.yllaunna-imes?srefsnarT?tessA?la tipaC?sevorppa?dna?sweiver?licnuoC?ytiC?ehT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.gnisahperutuf?otni?drawrof?evom?ot?stcejorp?esahp-itlum?wolla?dna?,stcejorp?etelpmoc?,ycarucca?gnipee RESOLUTION23467,448.30Total unexpended balances transferred in61.93Subtotal of unexpended balances transferred in61.93Tax Abatement District Projects from J86132601Other467,386.37Subtotal of unexpended balances transferred in467,386.37Pedestrian Facility Charges from J46068209Streets, Bridges & Pedestrian FacilitiesAmountProject DescriptionProjectof the completed projects listed in section 1.01 above.The local improvement projects listed below shall receive the unexpended balances 1.2467,448.30Total of funds transferred61.93Subtotal of funds transferred61.93Chateau Theatre Maintenance and Opeartion to J26018613Others467,386.37Subtotal of funds transferred467,386.37 HandicapRamps-Future Construction to J82094606Streets, Bridges & Pedestrian Facilities-Subtotal of funds transferred172.52 Transfer funds from 607 (Sanitary Sewer Utility) to J7830(172.52)1StNWSn/SDiversion<1AvNW>Brdwy7830Sewer and WaterAmountProject 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. 240,000.00(2020LrgDiameterTrunklneInspec)Transfer funds from 607 Fund (Sewer Utility) to J7836 783615.00(ReplZmbrRvrSiphon@SilverLake)Transfer funds from 607 Fund (Sewer Utility) to J7829 7829501,000.00(SubTrkln Sn/S Ext>SnSSA6G)Transfer funds from 607 Fund (Sewer Utility) to J7773 777330,000.0059) to J7347 (ReconWillowCtSW<40StSW>Culdesc)Transfer funds from J2200 (Bitumns Pvmt Rehab w/pci 0-7347165,000.0059) to J7346 (Recon18AvSW<MayowdRdSW>40StSW)Transfer funds from J2200 (Bitumns Pvmt Rehab w/pci 0-7346240,000.00(ReconBroadway14StNE>EltonHillDr)MNDOT 522) to J7341 Transfer funds from J2202 (TH 63 Turnback Funds-734136,815.24to J6999 (Airport Equipment)Transfer funds from J6950 (Airport Future Construction) 69991,119,900.00to J6878 (Cat II ILS-Runway13/31&GPS)Transfer funds from J6950 (Airport Future Construction) 68782,286.00to J6871 (Airport Master Plan Update)Transfer funds from J6950 (Airport Future Construction) 6871235,000.00Construction) to J4895 (Zumbro River Dredging)Transfer funds from J4883 (Flood Control Future 489550,000.00Develop) to J3068 (Stonebrooke Park Development)Transfer funds from J2895 (S.E. Sector Park Acq & 308728,545.35Develop) to J3068 (Stonebrooke Park Development)Transfer funds from J2895 (S.E. Sector Park Acq &306828,545.35Development) to J3068 (Stonebrooke Park Development)Transfer funds from J3060 (Neighborhood Park 306813,689.25Development)Management) to J3013 (NorthernHeights ParkTransfer funds from J3064 (Natural Resource 3013208,599.64Golf Imprvmnts)Transfer funds Park Reserves to J2917 (Northern Hills 2917565,271.11Replacement)Transfer funds from J8608 (DMC State) to J1037 (Steam 10375,000.00J1014 (BioSciBldgDPE system Monitoring)Transfer funds from J2749 (MN Bio Business Center) to 1014AmountProject 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 Section 2 Active Projects to be Funded 7837259,939,250.42Total Funds Transferred177,871.59to J9853 (Recon65StNW<55Av>60AvNW)Transfer funds from J8207 (Substandard Road Charges) 98533,182.052nd St SW)(Construct San Sewer Capacity Bypass 3 Ave SW fromTransfer funds from 607 (Sanitary Sewer) to J8905 89053,182.05from2nd St SW)J8905 (Construct San Sewer Capacity Bypass 3 Ave SW Transfer funds from J8608 (DMCC State Match Funds) to 89051,323,000.00J8904 (Discovery Walk)Transfer funds from J8608 (DMCC State Match Funds) to 890414,280.00(Arrive Rochester Implementation)Transfer funds from J8605 (DMCC Sales Tax) to J8709 8709225,000.00(Rapid Transit)Transfer funds from 607 (Sanitary Sewer) to J8707 87071,764,329.57Funds) to J8707 (Rapid Transit)Transfer funds from J8710 (DMCC Transit State Aid 8707951,219.72Funds) to J8707 (Rapid Transit)Transfer funds from J8609 (DMCC County Contrib. 870757,800.00J8634 (Riverfront Reimagined)Transfer funds from J8608 (DMCC Sate Match Funds) to 8634260,350.00J8625 (Heart of the City)Transfer funds from J8608 (DMCC State Match Funds) to86251,183,100.00J8624 (Chateau Theatre Improvements)Transfer funds from J8608 (DMCC State Match Funds) to 8624(Sn/S12AvSW/NW<2StSW>2StNW)Transfer funds from 607 (Sanitary Sewer) to J8611 8611213,100.00(COR Administrative Costs -DMC)Transfer funds from J8605 (DMCC Sales Tax) to J8601 860168,000.00locatns) to J7920 (Bridge R0572-2023 BridgeRepair)Transfer funds from J7901 (Bridge Repairs-various 7920392,000.00J7919 (Const6StBridgeOverZumbroRvr)Transfer funds from J8608 (DMCC State Match Funds) to 791933,000.00100) to J7837 (Recon7AveNW<7StNW>10StNW)Transfer funds from J2201 (StResrfc/Presrvatn w/pci60- PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF26Rochester, Minnesota)(Seal of the CityofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. M 27??.troper?ot?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.312.943setutatS?etatS?.nniM?htiw?ecnadrocca?ni?noituloseR?yb?lavorppa?lapicinum?eriuqer?stimrep?gnilbma glaunnA?.slamina?dna?,gnilbmag?,lohocla?ot?gnitaler?deussi?stimrep?dna?sesnecil?fo?thgisrevo?sa?llewsa?,ytiC?eht?nihtiw?sessenisub?detangised?dna?seititne?suoirav?fo?seitivitca?eht?fo?thgisrevo?hguor ht?gnieb-llew?dna?,htlaeh?,ytefas?cilbup?erusne?ot?stroffe?ynam?fo?eno?si?stimrep?dna?sesnecil?fo?ecnaussi?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ :selpicnirP?lanoitadnuoF?&?seitiroirP.tem?era?snoitidnoc?lla?sa?gnol?sa,timrep?nac?noitazinagro?na?sesimerp?fo?rebmun?eht?timil?ton?seod?etutats?etats?,eromrehtruF?.etatS?ehtot?lavorppa?rof?noitacilp pa?sti?gnittimbus?noitazinagro?eht?fo?syad?09?nihtiw?noituloseR?licnuoC?a?seriuqeretutats?etatS?.312.943?noitceS?rednu?dezirohtua?si?stimrep?dna?sesnecil?gnilbmag?revo?lortnoc?lacoL.943?.ceS?setutatS ?etatS?.nniM?ni?denifed?sa?,tiforp-non?dehsilbatse?na?fo?tifeneb?eht?rof?,gnimag?ognibdna?senihcam?bat-llup?cinortcele?sa?hcus?,seitivitca?gnimag?rof?dezirohtua?era?stimrep?gnilbmag?launnA?.gnidnats? doog?ni?noitazinagro?na?si?dna?seitivitca?gnilbmag?elbatirahctcudnoc?ot?dettimrep?si?ti?erehw?sesimerp?dehsilbatse?rehto?net?setarepo?AFYB?.C?etiuS?,WS?tSht61?7151?ta?detacol?,llirG?dna?raB?stropS?do owdliW?eht?ta?esimerp?gnilbmag?elbatirahc?wen?a?rof?timrepa?rof?noitacilppa?siht?stimbus?dna?setutats?etats?ni?htrof?tes?stnemeriuqer?eht?lla?steem?AFYB?.swalybs'noitazinagro?eht?ni?detats?sa?",seiti nummoc?gnidnuorrus?dna?noryB?ni?sreyalp?lla?rof?nuf?dna?,yalpevititepmoc?,pihsnamstrops?doog?,slliks?llabtoof?fo?tnempoleved?eht?setomorp?taht?tnemnorivne?evitisop?aedivorp?ot?sevirts"?taht?noitazina gro?tiforp-non?)3(c105?a?si?)AFYB(?noitaicossA?llabtooF?htuoY?noryB?ehT:evitarraN?tropeR.C?etiuS?,WS?tS?ht61?7151?ta?detacol?,llirG?dna?raB?stropS?doowdliW?ta?gnitarepo?,noitaicossA?llabtooFhtuoY?nor yB?eht?rof?timrep?gnilbmag?launna?laitini?na?fo?ecnaussi?eht?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???4.FllirG?dna?raB?stropS?doowdliW?ta?noitaicossAllabtooF?htuoY?noryB?-?timreP?gnilbmaG ?launnA NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE ?28 llirG?dnaraB?stropS?doowdliW?ta?noitaicossA?llabtooF?htuoY?noryB?eht?rof?timreP?gnilbmaG?launnA?-?noituloseR:stnemhcattA niS?kaelroV:yB?deraperP?.emit?siht?ta?detseggus?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?gnis neciL:tcapmI?ecruoseR?&?lacsiF RESOLUTION29Rochester, Minnesota)(Seal of the City of MAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFGrill located at 1517 16th St SW, Suite C. permit for the Byron Youth Football Association (BYFA)at the Wildwood Sports Bar and Rochester, Minnesota, that the Council authorizes aninitial premises annual gambling NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Code of Ordinances Chapter 8-10. –Gambling, and the corresponding state laws. WHEREAS, The BYFA have met all the required criteria in accordance with Rochester conduct charitable gambling activitywithin the City of Rochester; and profit organization with five other established premises by which they are permitted to WHEREAS, The Byron Youth Football Association (BYFA) is a qualifying 501c(3) non-andapproval by Resolution in accordance with Minn. State Statutes 349.213and 349.16; WHEREAS, annual gambling licensesissued by the state require municipal permit at Wildwood Sports Bar and Grill at 1517 16th St SW, Suite C.Approving an Annual Gambling Permit for the Byron Youth Football Association M 30 initS?nosaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.emit?siht?ta?detapicitna?si?tcapmi?ecruoser?ro?lacsif?oN:tcapmI?ecruoseR?&?lacsiF.devorppAsecivreS ?lacituanoreA?laicremmoC?rof?sdradnatS?muminiM?tropriA?-?noissimmoC?tropriA?:4202?,6?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP".od?ew?lla?ni?ytiruces?dna?ytefas?sdebmedna?,ffats?srewopm e?,sredlohekats?ot?evisnopser?si?,ytilibatnuocca?dna?ytiliga?htiw?stca?,tsrif?remotsuceht?secalp?taht?tessa?ytinummoc?elbaniatsus?a?edivorp?oT"?:noissim?sti?htiw?tropria?eht?stsissa?ycilop?sihT:tcapm I?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP??.noitanimircsid?tsujnu?tuohtiw?dna?ylriaf?detaert?era?t ropriaeht?no?sessenisub?lla?taht?os?’dleif?gniyalp?level‘?a?erusne?ot?dna?setadnam?laredef?tnerruc?dna?secitcarptseb?yrtsudni?htiw?ecnailpmoc?otni?stnemeriuqer?eseht?gnirb?ot?dengised?era?sdradnatS?m uminiM?wen?ehtdna?)7991(?sedaced?ni?detadpu?neeb?ton?evah?sdradnatS?muminiM?tropriA?lanoitanretnI?retsehcoR?ehT???).selur?AAF?rep?yletarapes?detaert?era?senilriA(??.ekil?eht?dna?,seinapmoc?retrahc?,s cinahcem,seinapmoc?gniniart?thgilf?laicremmoc?,srotarepo?esab?dexif?sedulcni?sihT?.tropria?na?no?ssenisub?od?otserised?taht?ytitne?etavirp?yna?rof?stnemeriuqer?dna?serudecorp?,selur?fo?tes?eht?era?sd radnatS?muminiM:evitarraN?tropeR.secivreS?lacituanoreA?laicremmoC?rof?sdradnatS?muminiM?tropriA?eht?gnizirohtuA:detseuqeR?noitcA???5.FsecivreS?lacituanoreA?laicremmoC?rof?sdradnatSmuminiM?)TSR(?tropr iA?lanoitanretnI?retsehcoR NOITCA?ROF?TSEUQER deeR?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE A 31 secivreSlacituanoreA?laicremmoC?rof?sdradnatS?muminiM?)TSR(?tropriA?lanoitanretnI?retsehcoR?-?tibihxE:stnemhcatt 32 Effective Date: ______________ (507) 282-2328 Rochester, Minnesota 55902 Rochester International Airport Airport Manager’s Office AT THE ROCHESTER INTERNATIONAL AIRPORT MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL SERVICES 33 Aircraft Airframe, Engine, and Accessories Maintenance and Repair Services ...............22 Aircraft Sales ...................................................................................... ...............................21 SASOs Performing More Than One Service .....................................................................21 Minimum Standards Applicable to SASOs .......................................................................21 SECTION 5 –MINIMUM STANDARDS APPLICABLE TO SASOS ...................................21 Subcontracting and Subleasing ..........................................................................................19 Notice and Reporting ........................................................................ .................................19 Qualifications, Licensing, and Personnel...........................................................................18 Facilities, Maintenance, and Equipment ............................................................................16 Mandatory Provisions in Agreements ......................................................................... .......15 Required Minimum Insurance Coverage for All Commercial Operators ..........................15 Compliance with All Laws .................................................................... ............................15 Minimum Standards for All Commercial Operators .........................................................15 OPERATORS ................................................. ........................................................................15SECTION 4 – MINIMUM STANDARDS APPLICABLE TO ALL COMMERCIAL Waiver and Variance.............................................. ............................................................12 City Review; Agreement....................................................................................................12 Application Procedure .......................................................................................................10 SECTION 3 – APPLICATION PROCEDURE AND QUALIFICATIONS ..........................10 SECTION 2 – DEFINITIONS ......................................................................................................5 Prohibited Activities ................... .........................................................................................4 Effectiveness and Amendments .............................................................................. .............2 Purpose and Policy ...............................................................................................................1 SECTION 1 – INTRODUCTION.......................... .......................................................................1 TABLE OF CONTENTS 34 Aircraft Fuel Storage Services ...........................................................................................32 Aircraft Fuel and Oil Handling Services ............................. ..............................................31 Minimum Standards Specific to FBOs ..............................................................................31 Insurance Requirements for FBOs. ....................................................................................31 Commercial Aeronautical Services Provided by FBOs .................................................. ...30 SECTION 6 – MINIMUM STANDARDS APPLICABLE TO FBOS ....................................30 Temporary Specialized Aviation Service Operators ....................................................... ...28 Air Cargo Services .............................................................................................................26 Aircraft Storage ........................................... .......................................................................26 Aircraft Charter, Air Taxi, and Air Ambulance Services ..................................................25 Avionics, Instrument, or Propeller Repair Station Services ..............................................24 Flight Training ........................................................................ ...........................................23 Aircraft Lease and Rental Services ....................................................................................23 ii 35 Commercial Aeronautical Services defined in these Minimum Standards are not The qualifications to operate a Flying Club that does not perform any of the that extends beyond that date. that may only be provided by an FBO should not expect to be offered an Agreement Therefore, any prospective Commercial Operator seeking to initiate new services FBO (defined below) upon the expiration of the current FBO Agreement in 2031. exclusive right to be the sole provider of Commercial Aeronautical Services as an of the Effective Date, the City’s present intention is to exercise its proprietary determines appropriate to serve the public at the Airport, now or in the future. As below as well as any other Commercial Aeronautical Service that the City Airport. These services include the Commercial Aeronautical Services defined the Commercial Aeronautical Services needed or desired by the public at the The City reserves its proprietary right to be the exclusive provider of any or all of maintain safe and secure operations at the Airport. provide the highest quality services possible to the public and the Airport and to Minimum Standards, and in some cases may find it necessary to do so, in order to and may be exceeded. All Persons are encouraged to exceed the applicable standards and requirements specified in these Minimum Standards are minimums Unless specifically prescribed herein or pursuant to an Agreement with the City, the unqualified Commercial Operators. financial responsibility for existing or potential businesses; and discourage with the Airport Master Plan; provide reliable and reasonable services; assure sound ensure future development of the Airport consistent efficient utilization of facilitiespromote a broad range of services of the highest quality; provide maximum and safeguard the public interest and safety; These Minimum Standards are intended to Aeronautical Services to the public. Operator from being granted an Exclusive Right to provide Commercial customers. The Minimum Standards are also intended to prevent any Commercial Standards must be objectively and uniformly applied to all Airport tenants and discrimination to all types, kinds, and classes of aeronautical use. These Minimum available for public use on fair and reasonable terms and without unjust mandate that the City of Rochester, Minnesota (the “City”) make the Airport Services at the Rochester International Airport (the “Airport”). Federal obligations Commercial Operators must meet in order to conduct Commercial Aeronautical These Minimum Standards establish the minimum qualifications that all other applicable FAA orders, policies, and guidance documents. Administration (“FAA”) Advisory Circular No. 150/5190-8 (and as amended) and These Minimum Standards are drafted in accordance with Federal Aviation Purpose and Policy SECTION 1 – INTRODUCTION 36 Airport utilization and activities and the availability of Airport property for lease, necessary or desirable, including, without limitation, to reflect current trends of The City reserves the right to amend these Minimum Standards as it determines “Company”). and enforced by the City as well as by the Rochester Airport Company (the the Rochester Airport Commission (the “Commission”) and shall be implemented These Minimum Standards are promulgated by the City, on the recommendation of requirements conflict with the Commercial Operator’s Agreement with the City. apply to its Commercial Aeronautical Service, except to the extent such have twenty-four (24) months from the Effective Date to meet the requirements that All Commercial Operators operating at the Airport as of the Effective Date shall Effectiveness and Amendments Company shall act as the City’s agent unless otherwise stated. Minimum Standards, wherever reference is made to the City, the Rochester Airport Minimum Standards, except where explicitly provided otherwise. In these of the Airport and also its agent for the purposes of interpreting and enforcing these The City appoints the Rochester Airport Company to be its manager and operator 10.policies. through a competitive solicitation in accordance with applicable law and Airport proposals or otherwise select a Commercial Operator or Commercial Operator(s) Service by a Person, or on its own initiative, to issue a request for qualifications or Statement of Interest or an application to perform a Commercial Aeronautical The City reserves the right, at any time, including upon the submission of a incorporated into any Agreement relating to the occupancy or use of the Airport. standards upon the proposal of a new Commercial Aeronautical Service and/or Minimum Standards may be amended to incorporate such additional minimum the public interest in, or demand for, such activities. At the City’s discretion, these the existing land-use plans and operational plans of the Airport, safety, security, and appropriate minimum standards, taking into consideration the needs of the operator, categories in these Minimum Standards, the City reserves the right to develop Commercial Aeronautical Services are proposed which do not fall within the Service that could be offered or proposed to be offered at the Airport. If establishment of specific minimum standards for every Commercial Aeronautical Commercial Aeronautical Activities are too varied to reasonably permit the no provision of these Minimum Standards shall be deemed to prohibit Self-service. provide, one or more Commercial Aeronautical Services at the Airport, except that These Minimum Standards apply to any Person that provides, or proposes to and Regulations. addressed in these Minimum Standards but are instead detailed in the Airport Rules 37 Standards, unless expressly provided otherwise by such Agreements. Agreement to prior standards shall be deemed to be a reference to these Minimum Upon approval by the City of these Minimum Standards, any reference in any to the extent that they contradict or conflict. Standards should they contradict or conflict with these Minimum Standards, solely requirements and regulations shall take precedence and supersede these Minimum FAA relative to the operation and maintenance of the Airport. The foregoing federal agencies, and the terms of those grant agreements between the City and the Title 49 of the United States Code, regulations imposed by the FAA and other The operation of the Airport is subject to the various requirements imposed by the Agreement and any other remedy that may be available in equity or in law. Standards, including without limitation those remedies provided for in the reserves the right to take all appropriate action to enforce these Minimum by the Agreement, shall be considered an event of default thereunder. The City after notice, to the extent that required notice and an opportunity to cure is provided failure to cure such violation within the period-of-time provided by the Agreement, maximum extent permitted thereby. Violation of these Minimum Standards and the These Minimum Standards shall be incorporated into each Agreement to the Standards. into and enforcing Agreements which require operators to exceed these Minimum required to exceed these Minimum Standards, nor prohibit the City from entering Agreements between the City and operators, who under such Agreements are These Minimum Standards shall neither be deemed to modify any existing Standards. not in any way affect the other clauses, sections, or provisions of these Minimum competent jurisdiction, the invalidity of such clauses, sections, or provisions shall held to be unlawful, invalid, or unenforceable by final judgment of any court of If one or more clauses, sections, or provisions of the Minimum Standards shall be a Waiver or Variance by the City as defined below. Services at the Airport without satisfying these Minimum Standards unless granted to occupy Airport land and/or improvements or engage in Commercial Aeronautical the Airport’s federal obligations and the FAA policy. No Person will be permitted FAA prior to any decision or determination by the City to ensure compliance with the Company) in its sole discretion. The City may, in its discretion, consult the compliance with these Minimum Standards shall be made only by the City (and not “minimum,” except where a “maximum” is clearly identified. Determinations of this document, it shall be understood that they are modified by the word In all cases where the words “standards” or “requirements” or the like appear in and efficient Commercial Aeronautical Services at the Airport. for the benefit of the general public or the operation of the Airport, or to ensure safe 38 Oil Handling Services, and is not Self -service, as defined above. pump, to the extent permitted by Agreement, is considered part of Aircraft Fuel and A Commercial Operator’s construction and operation of a Self-service fueling Rules and Regulations. Self-service is not a Commercial Aeronautical Service. Aircraft owner or lessee. All Self-service activities must comply with the Airport Self-service cannot be contracted to or performed by any party other than the Self-fueling by Parties Other than Aircraft Owner. the City will not permit a Fuel Cooperative Organization to operate on the Airport. FBOs that meet the standards set forth in these Minimum Standards. Accordingly, Aircraft Fuel and Oil Handling Services at the Airport may be provided only by Fuel Cooperative Organizations (CO-OPs). entity is a Commercial Operator as defined herein. purposes of conducting a Commercial Aeronautical Service unless such Person or any Person, commercial enterprise, or activity be allowed to access the Airport for and contribute to loss of control with respect to Airport access. At no time shall the Airport to sustain itself financially, resulting in unfair competitive situations, adjacent property. Through-the-fence operations can adversely affect the ability of for the use and benefit of the public does not extend to providing access from but not part, of airport property. The City’s obligation to make the Airport available allow Aircraft or maintenance access to airport property through land adjacent to, and operations. The FAA defines through-the-fence agreements as agreements that These Minimum Standards expressly forbid all “through-the-fence” agreements Through-the-Fence Activities. Prohibited Activities 39 provides Aircraft Charter, Air Taxi and Air Ambulance Services at the Airport. is a Commercial Operator that “Aircraft Charter, Air Taxi and Air Ambulance Operator” C.F.R. Part 135 regulations and not including 14 C.F.R. Part 121 air carriers. hire, either on a charter basis, or as an air taxi/air ambulance operator, and operating under 14 Service involving the provision of air transportation (persons or property) to the general public for is the Commercial Aeronautical “Aircraft Charter, Air Taxi and Air Ambulance Services” Repair Services at the Airport. Commercial Operator that provides Aircraft Airframe, Engine and Accessories Maintenance and is a “Aircraft Airframe, Engine and Accessories Maintenance and Repair Operator” Aircraft parts and accessories. scope of their certificate, executive-type Aircraft and helicopters. This may include the sale of engine, and accessories overhaul and repair services on Aircraft up to and including, within the Commercial Aeronautical Service involving the provision of one or more FAA-approved airframe, is the “Aircraft Airframe, Engine and Accessories Maintenance and Repair Services” unmanned aerial vehicles (“UAVs”). is any device used or designed for navigation or flight in the air but not including “Aircraft” the Airport. is a Commercial Operator that provides Air Cargo Services at “Air Cargo Services Operator” to and from an Aircraft for a customer. which may also include providing or arranging for the surface transportation of air cargo consolidator, break bulk agent, handling agent, shipper on consignee, or other party, and handling and control of such air cargo on behalf of an agent, customs house broker, maintaining administrative control of the air cargo functions, and performing the physical which is the processing of air cargo through a warehouse, “Air Cargo Processing” considered an Air Cargo Services Operator as defined herein; or owner or operator that uses its own employees to load or unload air cargo shall not be and handled through the passenger terminal) on or off an Aircraft, provided that an Aircraft passenger baggage and excluding over-the-counter items weighing less than 150 pounds which is the loading or unloading of air cargo (excluding “Air Cargo Handling” both of the following services: is the Commercial Aeronautical Service involving the provision of one or “Air Cargo Services” capacity as operator of the Airport and as the City’s agent. operating agreement. The Rochester Airport Company may also be a party to an Agreement in its of the Airport and/or the lease of Airport property, including a lease, license, contract, permit, or is a written agreement between the City and a Person concerning access to and use “Agreement”SECTION 2 – DEFINITIONS 40 Service involving the repair of Aircraft radios, propellers, instruments, and accessories for is the Commercial Aeronautical “Avionics, Instrument, or Propeller Repair Station Services” activities on the Airport and that apply to all users of, and Persons on, any portion of the Airport. promulgated by the City, and enforced by the City and/or the Company, that govern the use of and is the body of rules, regulations, orders, and directives “Airport Rules and Regulations” is the Executive Director of Rochester International Airport. “Airport Director” is the Rochester International Airport. “Airport” Airport. is a Commercial Operator that performs Aircraft Storage at the “Aircraft Storage Operator” renting Aircraft storage space to aeronautical users at the Airport. hangar, shade hangar, or fully enclosed “T” hangar Aircraft storage space, for the purpose of is the Commercial Aeronautical Service involving the renting of conventional “Aircraft Storage” is a Commercial Operator that performs Aircraft Sales at the Airport. “Aircraft Sales Operator” services and parts as necessary to meet any guarantee or warranty on the Aircraft sold. or distributorship (either on a retail or wholesale basis) and including providing Aircraft repair and/or new Aircraft through franchise, ownership, brokership, licensed dealership, subleadership, is the Commercial Aeronautical Service involving the sale of used Aircraft, “Aircraft Sales” right) may provide Aircraft Fuel Storage Services at the Airport. Services at the Airport. Only an FBO (or the City, to the extent it exercises its proprietary exclusive is a Commercial Operator that provides Aircraft Fuel Storage “Aircraft Fuel Storage Operator” a fuel storage facility on the Airport. and storage of fuel or fuel waste products for Aircraft, including the operation and maintenance of is the Commercial Aeronautical Service involving the purchase “Aircraft Fuel Storage Services” Handling Services at the Airport. Fuel and Oil Handling Services at the Airport. Only an FBO may provide Aircraft Fuel and Oil is a Commercial Operator that provides Aircraft “Aircraft Fuel and Oil Handling Operator” Aircraft, vehicles, or equipment, but not including Aircraft Fuel Storage Services or Self-fueling. the transportation, sale, delivery, dispensing, or draining of fuel or fuel waste products to or from is the Commercial Aeronautical Service involving “Aircraft Fuel and Oil Handling Services” Aircraft Lease and Rental Services at the Airport. is a Commercial Operator that performs “Aircraft Lease and Rental Services Operator” lease or rental of Aircraft to the public on a monthly or hourly basis for compensation. is the Commercial Aeronautical Service involving the “Aircraft Lease and Rental Services” 41 as its surrounding international waters. of Transportation, with powers to regulate all aspects of civil aviation in the United States as well by the Federal Aviation Act of 1958, as amended, and re-established in 1967 under the Department is the federal governmental agency established “FAA”“Federal Aviation Administration” is expressly forbidden by law. other means. The granting of an Exclusive Right to conduct an aeronautical activity at the Airport either by express agreement, by the imposition of unreasonable standards or requirements, or by enjoying or exercising a like power, privilege, or right. An Exclusive Right may be conferred is a power, privilege, or other right excluding or debarring another from “Exclusive Right” United States federal government tasked with environmental protection matters. is the independent executive agency of the “EPA”“Environmental Protection Agency” City. is ______, the date that these Minimum Standards were duly adopted by the “Effective Date” exercised its proprietary exclusive right with respect to such service(s)). not only to the extent it provides Commercial Aeronautical Service(s) at the Airport (and only if it has (“SASO”). The City shall be considered a Commercial Operator under these Minimum Standards classified as either a Fixed Base Operator (“FBO”) or a Specialized Aviation Service Operator Service(s) at the Airport pursuant to an Agreement with the City. A Commercial Operator may be is a Person who engages in one or more Commercial Aeronautical “Commercial Operator” those covered by these Minimum Standards. offering to provide aeronautical services for compensation or for hire at the Airport, including part 8800.3200, for entities desiring to advertise, represent, or hold themselves out as giving or is that business license required pursuant to Minnesota Rules, “Commercial Operations License” Services; (10) Aircraft Fuel and Oil Handling Services; and (11) Aircraft Fuel Storage Services. Services; (7) Aircraft Storage; (8) Air Cargo Services; (9) Passenger Air Carrier Handling Instrument, or Propeller Repair Station Services; (6) Aircraft Charter, Air Taxi and Air Ambulance and Repair Services; (3) Aircraft Lease and Rental Services; (4) Flight Training; (5) Avionics, set hereunder are (1) Aircraft Sales; (2) Aircraft Airframe, Engine and Accessories Maintenance Airport, the categories of Commercial Aeronautical Services with particular Minimum Standards aeronautical product to the public, for which a fee is charged, or compensation is received. At the is an aeronautical service, including the sale of any “Commercial Aeronautical Service” is the City of Rochester, Minnesota. “City” performs Avionics, Instrument, or Propeller Repair Station Services at the Airport. is a Commercial Operator that “Avionics, Instrument, or Propeller Repair Station Operator” radios and avionics devices, propellers, instruments, and accessories. Aircraft. This Commercial Aeronautical Service may include the sale of new or used Aircraft 42 issues involving the Airport. 2-5-1 of the Rochester City Code and that reviews and makes recommendations on all matters and is the commission established by Section “Commission” or “Rochester Airport Commission” employees, contractors, volunteers, or other agents of the Commercial Operator. Service at the Airport on behalf of a Commercial Operator, whether such individuals are is all individuals who are engaged in the performance of a Commercial Aeronautical “Personnel” City. is an individual, corporation, partnership, or other legal entity, but does not include the “Person” fueling of such Aircraft. including baggage handling, food catering services, or any ancillary service, but not including the ground handling of Aircraft for an Air Carrier’s passenger flights at the Airport terminal, ” is the Commercial Aeronautical Activity involving “Passenger Air Carrier Handling Services environmental regulations for the State of Minnesota. monitors environmental quality, offers technical and financial assistance, and enforces is the Minnesota State agency that “MPCA”“Minnesota Pollution and Control Agency” Flying Club Operations at Federally Obligated Airports, 81 Fed. Reg. 13,719 (Mar. 15, 2016). operate in consistency with FAA Order 5190.6B, as amended by the FAA Policy Concerning and enjoyment only. Flying Clubs must comply with all applicable Rules and Regulations, and organized for the express purpose of providing its members with Aircraft for their personal use is a nonprofit or not-for-profit entity (e.g., corporation, association, or partnership) Flying Club” “ Airport. is a Commercial Operator that performs Flight Training at the “Flight Training Operator” flight check ride for the categories of pilot’s license and ratings involved. ground school instructions as is necessary to provide for the taking of a written examination and dual and solo flight training, in fixed and/or rotary wing Aircraft, and providing such related is the Commercial Aeronautical Service involving the instruction of pilots in “Flight Training” within Section 6 herein. Fuel Storage Services. An FBO must also comply with the additional requirements contained to be the exclusive provider of Aircraft Fuel Storage Services, an FBO must also provide Aircraft Station Services; and (4) Aircraft Storage. Unless and until the City exercises its proprietary right Accessories Maintenance and Repair Services; (3) Avionics, Instrument, or Propeller Repair 6 herein: (1) Aircraft Fuel and Oil Handling Services; (2) Aircraft Airframe, Engine and Aeronautical Services, pursuant to an Agreement with the City and as further described in Section and Oil Handling Services) and which must provide, at minimum, the following Commercial for the purpose of providing multiple Commercial Aeronautical Services (including Aircraft Fuel is a Commercial Operator maintaining facilities at the Airport “FBO”“Fixed-Base Operator” 43 Standards. is a grant of a permanent or temporary exemption from a requirement of these Minimum “Waiver” period to address unique facts or hardship. is a grant of a modification to these Minimum Standards, often for only a temporary “Variance” the solicitation or request of an Airport user. compensation or hire at the Airport on a temporary basis pursuant to these Minimum Standards at has been authorized by the City to provide certain specialized aeronautical services for is a Person that “Temporary SASO” or “Temporary Specialized Aviation Service Operator” Airport. notifying the City of a Person’s desire to provide Commercial Aeronautical Service(s) at the is the written statement described in Section 3 of this Agreement “Statement of Interest” Services or Aircraft Fuel Storage Services. Aeronautical Service, except that an SASO may not perform Aircraft Fuel and Oil Handling FBO, maintaining facilities at the Airport for the purpose of providing one or more Commercial is a Commercial Operator, other than an “SASO”“Specialized Aviation Service Operator” security, including those in the Airport Rules and Regulations regarding Self-service. that such Self-service complies with all applicable restrictions to safeguard Airport safety and or its employees, and may not be conducted by independent contractors or third parties, provided recognized by FAA regulations and policies. Self-service may be provided only by such Person who owns, or leases and has exclusive control over, such Aircraft. The right to Self-service is is the act of providing maintenance, fueling or service of any Aircraft by a Person “Self-service” Clinic that acts as the operator of the Airport, or any successor entity thereto. is the wholly owned subsidiary of the Mayo “Company” or “Rochester Airport Company” 44 Aeronautical Service(s) and the term of conducting the same; Requested or proposed date of commencement of the Commercial iii. Aeronautical Service(s) that the applicant will offer;Comprehensive listing of the scope of the proposed Commercial ii. employee(s) designated to manage the applicant’s operations at the Airportnumber of the applicant, including contact information for applicant’s Name, mailing and business address(es), email address, and telephone and any such additional information as may be requested by the Airport Director: absence of a form, shall include at least the following information and documents Airport Director, shall be in the form prescribed by the Airport Director or, in the Statement of Interest. The written application, which shall be submitted to the process, it will request a written application from the Person that submitted the If the City does not conduct a competitive procurement . Formal Application supersede this application process. applicable law and Airport policies. The competitive procurement process will Commercial Operator(s) through a competitive solicitation in accordance with qualifications or proposals or otherwise select a Commercial Operator or operating at the same or similar location, the City may issue a request for providing similar Commercial Aeronautical Services or may be interested in if the City has reason to believe that more than one Person may be interested in Upon receipt of a Statement of Interest, or at any other time, . Competitive Process employee. address, and telephone number of the applicant or applicant’s designated Provide contact information, including the name, mailing address, email ii. sublease with another Airport user); and, through a lease with the City or a i.e.intends to receive access to this area (Commercial Aeronautical Service(s) will occur and how the applicant Aeronautical Service(s), including the general area in which the proposed Provide a general overview and scope of the proposed Commercial however, it must at a minimum: to the Airport Director. There is no required form for a Statement of Interest; Statement of Interest. An applicant must first submit a written Statement of Interest the Airport Director. following steps, and thereafter, must provide such additional information as may be requested by To apply to operate a Commercial Aeronautical Service at the Airport, a Person must complete the Application Procedure SECTION 3 – APPLICATION PROCEDURE AND QUALIFICATIONS 10 45 of the entity seeking to conduct Commercial Aeronautical Service(s) at the Airport, pendency. Such information includes, without limitation, a change in the ownership material change in the information submitted with an application during its Applicants must provide the Airport Director with any information reflecting a The City may obtain a credit report on the applicant and/or its principals. cross-ownership. any other Commercial Operator (“cross-ownership”) and the nature of such ownership, voting, management, or debt interest in both the applicant and Disclosure of any entity holding or controlling, directly or indirectly, any xi. regulations; and applicant’s principals/owners of FAA Disclosure of any and all documented violations by the applicant and/or the ;Commercial Aeronautical Serviceinsurance coverage as stipulated herein for each particular type of Evidence of sufficient insurance coverage or ability to acquire sufficient ix. months’ estimated operating and maintenance expensesunencumbered current assets in a total amount at least equaling three (3) include a current financial net worth showing that the applicant holds proposed operation. In addition, the financial institution letter should applicable, for the construction of facilities that may be required for the Operator must also demonstrate sufficient financial ability or backing, when readily verified through normal banking channels. The Commercial doing business in the Rochester area, or such other source that may be sufficient detail, to the City’s satisfaction, from a bank or trust company Letter setting forth the Commercial Operator’s financial integrity, in viii. ;Proposal and appropriate construction drawings/hangar space requirements vii. 8800.3200; License, as required by Minnesota Rules, part Certified copy of the Commercial Operator’s Commercial Operations vi. ;operationand revenue projections for at least the first five years of the proposed applicant to perform the Commercial Aeronautical Service(s), and income applicable) the number and types of equipment that will be used by the certifications and ratings) of Personnel, the hours of proposed operation, (if applicable), the number and job descriptions (including applicable be constructed or leased (or subleased), the number of Aircraft (if amount of land to be leased (or subleased), the building/facilities space to Comprehensive business plan, including, at minimum: the location and Service(s) to be conducted at the Airportof three (3) years of experience in operating the Commercial Aeronautical Statement of qualification indicating the Commercial Operator’s minimum iv.11 46 Temporary Waivers. firefighting. limitation, law enforcement, disaster relief, search and rescue, fire prevention, and providing public or emergency services, including, for example and without of the Minimum Standards for the benefit of any government or government agency Permanent Waivers. The City may issue a permanent Waiver for all or any portion Waiver and Variance Aeronautical Service at the Airport, as described in these Minimum Standards. application steps, qualifications, and requirements to operate a Commercial The City reserves the right to deny all applications that do not meet these Commercial Operator’s financial investment in their facilities. between the City and the Commercial Operator and commensurate with the The Agreement shall indicate a mutually agreed upon term of year(s) ii.relevant covenants. the rights, privileges and obligations of the respective parties; and other /or charges, including any revenue share; the rentals, fees, andAgreementbusiness on the Airport, including, but not limited to, the term of the and conditions under which the Commercial Operator will operate its The Agreement will recite the terms for Airport ground and building space, Standards. with the City, subject to the Airport Rules and Regulations and these Minimum If the application is approved, the applicant must sign and enter into an Agreement of the application. information requested by the City pursuant to any such notice may result in a denial need in writing within this initial 90-day period. Failure to provide additional time to make a determination as to the application, will advise the applicant of such within ninety (90) days, or, if the City determines it needs more information and/or The City will review the application and issue a written approval or denial decision City Review; Agreement to provide one or more Commercial Aeronautical Services itself. The application requirements in this Section shall not apply to the City if it elects violations imposed on the applicant or its principals. media pursuant to Airport Rules and Regulations, or any federal fines and/or or misdemeanor conviction that would result in the loss of Airport identification the filing of a bankruptcy petition, the addition or subtraction of principals, a felony 12 47 the schedule through its Agreement;The City may enforce the Commercial Operator’s compliance with (d) (6) months;Minimum Standards within a prescribed schedule not to exceed six The Commercial Operator has agreed to fully comply with the (c) condition or unique circumstance;The temporary Variance is narrowly tailored to mitigate the special (b) the Minimum Standards unduly burdensome;A special condition or unique circumstance makes the application of (a)upon a finding that: The City may approve a temporary Variance of the Minimum Standards Variances. Operator must comply with immediately. temporary waiver from and which Minimum Standards the Commercial Minimum Standards the Commercial Operator has been granted a Any such temporary Waiver will describe in writing which of these ii.temporary Waiver. products, services, and facilities to Airport users notwithstanding the The Commercial Aeronautical Operator will provide high quality (e) Activity at the Airport; andfinancial burden of initiating a new Commercial Aeronautical the temporary Waiver is reasonably necessary to alleviate the (d) compliance with the schedule through its Agreement;The City may enforce the Commercial Aeronautical Operator’s (c) exceed six (6) months; with the Minimum Standards within a prescribed schedule not to The Commercial Aeronautical Operator has agreed to fully comply (b) its Agreement; product, service, or facility at the Airport as of the effective date of the only Commercial Aeronautical Operator providing a specific The Commercial Aeronautical Operator seeking the Waiver will be (a)finding that: City may approve a temporary Waiver for the Minimum Standards upon a Upon an application to perform a Commercial Aeronautical Service, the 13 48 exercised its proprietary exclusive right. not which it has in the event the City conducts a Commercial Aeronautical Service at the Airport for Variance from the applicable requirements of the Minimum Standards to the City No Grant of Waiver or Variance to the City. The City shall not grant a Waiver or at the Airport and request comment on the request and its potential impact. Variance, the City shall provide written notice to all other Commercial Operators Prior to issuing a temporary Waiver or .Notice to Other Commercial Operators which the Variance was approved. the Commercial Operator only a short-term lease for the reduced area for relocate its operations at its own cost to such area in the future and/or offer City, in its sole discretion, may require that the Commercial Operator the applicable requirements for minimum square footage hereunder, the elsewhere on the Airport within a certain time period in an area that meets believes that the Commercial Operator’s operations may be accommodated minimum area otherwise required. In such case, if the City reasonably required hereunder, and if such area is not materially smaller than the operations has less square footage area than the minimum amount(s) which the Commercial Operator may reasonably conduct its proposed longer than six (6) months, if the only area available on the Airport from consistent with the above except that such Variance would be granted for The City may, in its sole discretion, approve a temporary Variance that is ii.temporary Variance. products, services, and facilities to Airport users notwithstanding the The Commercial Aeronautical Operator will provide high quality (f) ; andrelationship among Commercial Operators at the AirportThe temporary Variance will not create an unfair competitive (e)14 49 obligated property at the Airport. Each Commercial Operator must comply with lease or otherwise perform services in connection with federally funded or federally Federal regulations mandate the inclusion of certain provisions into agreements to Mandatory Provisions in Agreements harmless in all claims, litigation, and/or action(s) against it. provides that the Commercial Operator will hold the City and the Company Operator’s insurance policy(ies) must include a “hold harmless” clause which as additional insured parties to its insurance policy(ies). The Commercial The City requires that all Commercial Operators include the City and the Company Commercial Operator continues to operate at the Airport. in full force and effect during the terms of all Agreements and for as long as the All insurance policies required by these Minimum Standards must be maintained related thereto) at the Airport. provision of services (or any construction of facilities or development of land insurance coverage prior to the commencement of the Commercial Operator’s All Commercial Operators must demonstrate, to the City’s satisfaction, evidence of applicable to their activities. insurance requirements specific to the Commercial Aeronautical Service categories Commercial Operators must meet these insurance requirements as well as any to these Minimum Standards and incorporated herein by reference. All Exhibit A Insurance requirements and minimum insurance coverage amounts are described in Required Minimum Insurance Coverage for All Commercial Operators or policy does not excuse the Commercial Operator of its obligation to comply with same. these Minimum Standards of explicit reference to a particular law, order, rule, regulation, directive, or the Company. Compliance is the responsibility of each Commercial Operator, and omission in and Regulations, any other Airport rule, regulation, order, or directive, whether issued by the City laws, orders, rules, regulations, directives, and policies, including without limitation, Airport Rules sublessees, contractors, and subcontractors to comply, with all applicable federal, state, and local Commercial Operators must comply, and cause their employees, agents, invitees, customers, Compliance with All Laws or additional standards, those requirements will be noted in the subsequent sections herein. conduct at the Airport. Where a particular Commercial Aeronautical Service requires specialized Operators, regardless of which Commercial Aeronautical Service(s) they conduct or propose to The following Minimum Standards apply to the operations and activities of all Commercial Minimum Standards for All Commercial Operators OPERATORS SECTION 4 – MINIMUM STANDARDS APPLICABLE TO ALL COMMERCIAL 15 50 requirements are described below for particular types of Commercial Aeronautical Commercial Aeronautical Service(s). While specific minimum square footage adequate space and appropriate size, shape, and location to provide for its specific Commercial Operators must lease an area of Airport land and facilities that are of Facilities, Maintenance, and Equipment action or inaction to the fullest extent of the law. agents, and volunteers, as a result of or arising out of the Commercial Operator’s individually or collectively, and their representatives, officers, employees, officials, received, incurred, or accrued by the City, the Commission, and Company, losses, liabilities, administrative proceedings, arbitration, or costs at any time demands, damages, fines, obligations, suits, judgments, penalties, causes of action, officers, employees, officials, agents, and volunteers from any and all claims, indemnify the City, the Commission, and the Company and its representatives, Each Agreement with the City shall also require that a Commercial Operator discounts, rebates, or other similar types of price reductions to volume purchasers. Commercial Operator may be allowed to make reasonable and nondiscriminatory unjustly discriminatory, prices for each unit or service, provided that the discriminatory, basis to all users thereof, and that it charge reasonable, and not the Commercial Aeronautical Service(s) on a reasonable, and not unjustly Each Agreement with the City shall also require that a Commercial Operator furnish order to resolve such conflict or violation. has the right to amend, alter or otherwise modify the terms of the Agreement in by any other reason, conflicts with or violates any such Grant Assurances, the City providing further that in the event that such Agreement, either on its own terms or federal funds for the development of the Airport (“Grant Assurances”) and required as a condition precedent to the expenditure or reimbursement to City of maintenance of the Airport, the terms and execution of which have been or may be between City and the United States of America, relative to the operation and Agreement is subordinate to the provisions of any existing or future agreements Each Agreement with the City shall also contain a provision stating that such execution. or federal government and shall be included in each Agreement at the time of amendment or form of such mandatory provisions shall be obtained from the State the inclusion of other governmental required provisions. The most current Standards Act, and the Occupational Safety and Health Act. State law may mandate Rights and Title VI of the Civil Rights Act of 1964, the Federal Fair Labor , as amended, which include, without limitation, provisions relating to Civil https://www.faa.gov/airports/aip/procurement/federal_contract_provisions/may20(last updated May 2023), Contract Provisions for Airport Improvement Program and Obligated SponsorsRequired without limitation all contract clauses required by the FAA pursuant to these provisions and agree to their inclusion in any Agreement. These include 16 51 Commercial Operators must maintain equipment in a safe and operable condition. equipment to provide the applicable Commercial Aeronautical Service. All Commercial Operators must own, lease, or otherwise possess the necessary Snow and Ice Control Plan (“SICP”). removal activities shall be conducted in adherence with the Airport’s approved for removing snow and ice within their leased or subleased premises. All snow Unless otherwise specified in an Agreement, Commercial Operators are responsible property. prohibits the piling and storage of crates, boxes, containers, refuse, and surplus subleased premises, including the areas around structures and buildings. The City removal) utility line maintenance, and pavement maintenance within its leased or for trash removal, sewage, grass mowing, landscape maintenance (including weed Unless otherwise specified in an Agreement, Commercial Operators are responsible for its personnel and customers. A Commercial Operator’s leased premises must have adequate automobile parking except for Aircraft Storage Operators, lobby/waiting space for customer use. ; contain restrooms; and, customers in the applicable climate/weather conditionscustomers must be properly lighted, heated, and air-conditioned to accommodate All buildings on a Commercial Operator’s leased premises with indoor access for well as all applicable FAA Advisory Circulars. design, material, landscaping, and Airport Layout Plan (“ALP”) of the Airport as premises shall be permanent and fire resistant and must be compatible with the All paving and other construction on a Commercial Operator’s leased or subleased the City that covers such activities. premises and must comply with any terms and conditions in their Agreement with commencing any construction and/or paving land within its leased or subleased Commercial Operators must receive written approval from the City prior to limitation the City’s Fire Code, Section 8-2-1 of the Rochester City Code. comply with all applicable requirements contained therein, including without or subleased premises must meet the appropriate building and fire codes and All improvements, facilities and structures within a Commercial Operator’s leased issues for the City, the Commercial Operator, or other Airport users. by the Commercial Operator of noncontiguous space shall not cause operational determines that sufficient contiguous space is unavailable and that the proposed use Operator’s leased (or subleased) property, which shall be contiguous unless the City All required improvements and facilities must be located on the Commercial facilities to accommodate their particular operations as proposed and as conducted. Services, all Commercial Operators must lease and maintain sufficiently sized 17 52 Commercial Operator’s training program shall contain detailed instruction in trained and qualified to perform the tasks to which they are assigned. A All Commercial Operators must ensure that all of its Personnel are thoroughly Service offered, as detailed further in Section 5 below. and/or on-call business hours depending on the type of Commercial Aeronautical day, five (5) days a week. Some Commercial Operators may require extended must ensure that their premises are open, at minimum, for at least eight (8) hours a Unless provided elsewhere in these Minimum Standards, all Commercial Operators business and customer needs and which are detailed further in Section 5 below. Commercial Aeronautical Service(s) provided and by the Commercial Operator’s during their normal business hours, which shall be determined by the type of All Commercial Operators must ensure that adequate Personnel are available their job duties. required permits, licenses, certifications, or other approvals required to perform Operators must train all Personnel and ensure that all Personnel hold any and all Commercial Aeronautical Service(s) during its business hours. Commercial All Commercial Operators must have sufficient Personnel to deliver its required by Minnesota Rules, part 8800.3200. commencing the provision of Commercial Aeronautical Services at the Airport, as All Commercial Operators must have a Commercial Operations License prior to as further described in Section 3 herein. viability to meet the Minimum Standards for their planned activities at the Airport, All Commercial Operators must demonstrate that they have adequate financial requisite experience. discretion, through a management-level employee (and not a contractor) with the principals/owners of the Commercial Operator, or, if approved in the City’s sole Service. This minimum experience requirement may be met only through the Services, this requirement applies separately for each Commercial Aeronautical If a Commercial Operator is applying for multiple Commercial Aeronautical in operating the Commercial Aeronautical Service to be conducted at the Airport. All Commercial Operators must have a minimum of three (3) years of experience Qualifications, Licensing, and Personnel equipment. road vehicle storage, housing, or storage of non-aeronautical materials or otherwise provided in an Agreement, hangars shall not be used for offices, lounges, as expressly provided in these Minimum Standards. By way of example, unless functions. At no time may a hangar be used for non-aeronautical purposes except conducting of the Commercial Aeronautical Service and ancillary aeronautical All Commercial Operators who use hangars shall use such hangars only for the 10.18 53 Subcontracting of Services. applicable to its Commercial Aeronautical Service. Minimum Standards and comply with all of the specific requirements A sublessee Commercial Operator must independently meet all of these ii.consent. agreement in accordance with Section 3 above, prior to providing such City will require the sublessee to apply for and agree to an operating to another Person proposing to offer Commercial Aeronautical Services, the consent to a Commercial Operator’s sublease, and, in the case of a sublease permitted by Agreement, any sublease is subject to prior City written perform a Commercial Aeronautical Service at the Airport. Except where sublease space, including to another Person in order for such Person to Unless otherwise provided by the Agreement, Commercial Operators may Subleasing of Space. Subcontracting and Subleasing holder. own or one of its Personnel) or any other penalties by the FAA against the certificate seven (7) days of any revocation of or change to any FAA certificate (whether its Commercial Operators must provide written notice to the Airport Director within such FAA certificates are added, updated, or amended. Aeronautical Service(s) at the Airport as well as on an annual basis and when any Airport Director prior to the commencement of the provision of Commercial its Personnel that are applicable to its Commercial Aeronautical Service to the All Commercial Operators must submit copies of all FAA certificates for itself and Notice and Reporting Commercial Operator’s point of contact for emergency/security incidents. and fiscal authority; b) a local representative with operational authority; and c) the include, at minimum, a) a corporate representative with administrative, operational, Operator’s Agreement(s) and 24-hour contact information for each. This list shall Operator’s Personnel who have management authority in connection with the All Commercial Operators must provide to the City a list of the Commercial disturb or endanger any Airport customers, tenants, or other Commercial Operators. operations in a safe, orderly, efficient, and proper manner so as to not unreasonably Personnel, agents, invitees, and subcontractors as well as conduct their business All Commercial Operators must control the conduct and demeanor of all their instruction on Airport policies, including for safety and security. proper operating procedures for each job classification and, if required by the City, 19 54 affidavit of gross receipts. the gross business on the Airport, then the fee payments shall be supported by an fees are to be paid directly to the Company. If the fee is based on a percentage of established by the City for the Commercial Aeronautical Service conducted. Such operator, the sublessee or subcontractor must pay fees to the City, as may be Fees. In addition to any rental fees for space and/or services paid to the lessee including to an FBO or any other SASO. Aeronautical Service(s) for which it has been authorized to another Person, An SASO may not subcontract the performance of any Commercial ii.or Aircraft Fuel Storage Services. Commercial Operator to perform Aircraft Fuel and Oil Handling Services City’s prior written consent. An FBO may not subcontract to another Fuel and Oil Handling Services or Aircraft Fuel Storage Services) with the performance of a Commercial Aeronautical Service (other than Aircraft An FBO may subcontract to another Commercial Operator for the 20 55 space, and adequate apron/paved tiedown and vehicle parking to space, which must include a hangar of at least 6,400 square feet of floor Sales Operator must lease an area not less than 20,000 square feet of ground If proposing to sell Aircraft located at or delivered to the Airport, an Aircraft Premises. for the duration of any applicable warranty period. Sales Operator may repair and service Aircraft, as an incidental service, but only inventory of spare parts for the type(s) of Aircraft that it intends to sell. An Aircraft Inventory and Repairs. An Aircraft Sales Operator may provide an adequate applicable to such operations. Aircraft Sales Operator lease additional space and comply with additional standards delivered to the Airport, the City may, in its reasonable discretion, require that the and whether Aircraft sold by the Aircraft Sales Operator will be located on or marketing Aircraft to potential purchasers. Depending on the proposed operation customer in the purchase or sale of an Aircraft, or purchasing used Aircraft and including matching potential purchasers with an Aircraft (brokering), assisting a Methods of Sales. Aircraft Sales can be accomplished through various methods, Aircraft Sales Commercial Operators at the Airport. she determines that such approval would create an unfair competitive relationship among unreasonably withheld, provided, however, that the Airport Director may deny approval if he or Standards. Approval will be at the sole discretion of the Airport Director but shall not be services, and facilities to Airport users in accordance with the objectives of these Minimum the needs of all activities and will not affect the SASO’s ability to provide high-quality products, the Airport Director’s satisfaction, that the space, facilities, and/or Personnel can adequately meet to meet the standards for more than one Commercial Aeronautical Service by demonstrating, to However, the SASO may request, in writing, to utilize the same space, facilities, and/or Personnel meet the Minimum Standards for each Commercial Aeronautical Service that will be provided. Service but who will not meet the definition of an FBO shall be classified as an SASO and must Any Commercial Operator who wishes to perform more than one Commercial Aeronautical SASOs Performing More Than One Service performing that Commercial Aeronautical Service. Standards in this Section apply whether the Commercial Operator is an SASO or an FBO engaged in a particular Commercial Aeronautical Service(s) at the Airport. The Minimum following Minimum Standards apply to the operations and activities of Commercial Operators In addition to the Minimum Standards above which apply to all Commercial Operators, the Minimum Standards Applicable to SASOs SECTION 5 – MINIMUM STANDARDS APPLICABLE TO SASOS 21 56 any approved sublessee(s). Aircraft Airframe, Engine and Accessories Maintenance and Repair Operator and apron/paved tiedown and vehicle parking to accommodate the activities of the must include a hangar with at least 6,400 square feet of floor space, and adequate an area not less than 20,000 square feet of ground space, which Operator must leasePremises. The Aircraft Airframe, Engine and Accessories Maintenance and Repair of Aircraft that the Operator regularly serves. and Aircraft parts to maintain the Aircraft that frequent the Airport and/or the type Operator must maintain an inventory of sufficient equipment, supplies, manuals, Inventory. The Aircraft Airframe, Engine and Accessories Maintenance and Repair Services. ratings for Aircraft Airframe, Engine, and Accessories Maintenance Repair mechanic with inspection authorization on call at all times, with the appropriate and Repair Operator must have an FAA-certificated airframe and powerplant Aircraft Inspector. The Aircraft Airframe, Engine, and Accessories Maintenance applicable, and/or certification under 14 C.F.R. Part 65. employees’) applicable Repair Station certification under 14 C.F.R. Part 145, if and Repair Operator must present evidence to the Airport Director of its (and/or its FAA Certification. The Aircraft Airframe, Engine, and Accessories Maintenance Aircraft Airframe, Engine, and Accessories Maintenance and Repair Services . Exhibit A Insurance. See demonstrations in the event that a customer requests a flight demonstration. also maintain an appropriately rated pilot on call to conduct scheduled flight and act on behalf of the Aircraft Sales Operator. The Aircraft Sales Operator must The Aircraft Sales Operator must grant this staff person the authority to represent hours, at least one (1) responsible staff person to supervise Aircraft Sales Services. Personnel. An Aircraft Sales Operator must maintain, during all of its business five (5) days per week, eight (8) hours per day. operating during weekend or evening hours in addition to normal business hours meet the reasonable demands of the public for this activity, which may require Hours of Operation. The Operator shall be open and services shall be available to those necessary to conduct Aircraft Sales. aeronautical purposes and no items shall be stored in any hangar other than The hangar (if one is constructed or leased) shall be used exclusively for ii.accommodate the activities of the Aircraft Sales Operator. lease, at minimum, sufficient office space and vehicle parking to Operator who does not maintain or receive Aircraft at the Airport must accommodate the activities of the Aircraft Sales Operator. An Aircraft Sales 22 57 Training Operator must comply with all applicable requirements contained in License. In addition to obtaining a Commercial Operations License, a Flight Flight Training . Exhibit A Insurance. See an additional member of the Aircraft Lease and Rental Operator’s Personnel. holds an instrument rating for check rides as described in this subsection or may be business hours. This supervisory staff person may be the same individual who must authorize a supervisory staff person to be available at all times, during its Rental Operator’s owned or leased Aircraft. An Aircraft Lease and Rental Operator holds an instrument rating for check rides in one or more of the Aircraft Lease and duty, during the appropriate business hours, a minimum of one (1) staff person who Personnel. An Aircraft Lease and Rental Operator must employ and maintain on activity which means at minimum five (5) days per week, eight (8) hours per day. services shall be available to meet the reasonable demands of the public for this Hours of Operation. An Aircraft Lease and Rental Operator shall be open and and Rental Operator and any approved sublessee(s). facilities, and vehicle parking to accommodate all activities of the Aircraft Lease of building space, and adequate land, apron/paved tie-down, hangar (if required), 20,000 square feet of ground space, which must include at least 6,400 square feet Premises. An Aircraft Lease and Rental Operator must lease an area of at least for and capable of flight under instrument conditions. At least one (1) of the Aircraft must be a four-place Aircraft and equipped ii.and ircraft; No less than two (2) certificated A Aircraft. An Aircraft Lease and Rental Operator must own or exclusively lease: Aircraft Lease and Rental Services . Exhibit A Insurance. See and hold the appropriate ratings for the work being performed. Aircraft airframes, engines and accessories who are properly certified by the FAA hours and must employ and train Personnel for the repair and maintenance of Operator must keep at least one (1) trained staff person on duty during its business Personnel. The Aircraft Airframe, Engine and Accessories Maintenance and Repair available after these hours, on call, with a response time not to exceed one hour. operation at least five (5) days per week, eight (8) hours per day, and must also be reasonable demands of the public for this activity, which includes hours of and Repair Operator shall be open and services shall be available to meet the Hours of Operation. The Aircraft Airframe, Engine, and Accessories Maintenance 23 58 C.F.R. Part 65 and/or 14 C.F.R. Part 43. the rules and eligibility requirements to conduct Aircraft repair services under 14 certifications for Commercial Aeronautical Services under 14 C.F.R. Part 145, and must present evidence to the Airport Director of applicable Aircraft repair station FAA Certification. An Avionics, Instrument, or Propeller Repair Station Operator Avionics, Instrument, or Propeller Repair Station Services . Exhibit A Insurance. See of the last entry. the flight school office and shall be retained for at least one (1) year from the date the instructor of each dual flight. These records shall be available for inspection at dual or solo instruction, the maneuvers given, the Aircraft used, and the name of flight instruction given to all enrolled students, showing the date, the amount of Training Operators shall keep and maintain complete and adequate records of the Recordkeeping. Pursuant to Minnesota Rules, part 8800.300, subpart 4, Flight the review of Minnesota Statutes and Rules is included. case of an FAA-approved school, the FAA-approved course outline is acceptable if Statutes and Rules relating to aeronautics that are pertinent to that course. In the 8800.3300, subpart 5, all course outlines must include a review of Minnesota requirements for the training offered. As stated in Minnesota Rules, part instruction. All materials, supplies, and training methods must meet FAA adequate training aids necessary to provide proper and effective ground school Instruction Requirements. Flight Training Operators shall include, at a minimum, (1) flight instructor is always available during its business hours. Flight Training Operator. A Flight Training Operator must ensure that at least one pursuant to 14 C.F.R. Part 61 to provide the type of flight training offered by the on a full-time basis (or multiple on a part-time basis) who is certified by the FAA Personnel. A Flight Training Operator must employ at least one (1) flight instructor prior written approval of the City. however, that these hours may be adjusted to reflect seasonal operations with the means at minimum five (5) days per week, eight (8) hours per day, provided, available to meet the reasonable demands of the public for this activity, which Hours of Operation. A Flight Training Operator shall be open and services shall be the Flight Training Operator and any approved sublessee(s). instructional offices/rooms), and vehicle parking to accommodate all activities of adequate land, apron/paved tie-down, hangar (if required), facilities (including ground space, which must include at least 6,400 square feet of building space, and Premises. A Flight Training Operator must an area of at least 20,000 square feet of limited to the requirement of a performance bond contained in subpart 8 thereof. Minnesota Rules, part 8800.3300, pertaining to flight schools, including but not 24 59. Exhibit A Insurance. See must be available for on-call services during non-business hours. Air Taxi, and Air Ambulance Operator must also staff sufficient Personnel who Aircraft Charter, Air Taxi and Air Ambulance flight service. An Aircraft Charter, business hours, at least one (1) commercial pilot who is certificated to conduct Ambulance Operator must employ and keep trained Personnel on duty, during its Hours of Operation and Personnel. An Aircraft Charter, Air Taxi, and Air sublessee(s). Aircraft Charter, Air Taxi, and Air Ambulance Operator and any approved (if required), facilities, and vehicle parking to accommodate all activities of the 4,000 square feet of floor space, and adequate land, apron/paved tiedown, hangar an area of no less than 15,000 square feet of ground space, which must include Premises. An Aircraft Charter, Air Taxi, and Air Ambulance Operator must lease instrument operations under 14 C.F.R. Part 135. Aircraft, which may include a helicopter. Each Aircraft must meet certifications for must contain not less than one (1) single-engine Aircraft or one (1) multi-engine Aircraft. An Aircraft Charter, Air Taxi, and Air Ambulance Operator’s Aircraft Aeronautical Services: 1) Aircraft charter, 2) air taxi, or 3) air ambulance. with its owned or leased Aircraft, at least one of the following Commercial Services. An Aircraft Charter, Air Taxi, and Air Ambulance Operator must provide, Aircraft Charter, Air Taxi, and Air Ambulance Services . Exhibit A Insurance. See the applicable FAA repair station. individual must conduct FAA-rated radio, instrument, or propeller repairs within keep at least one (1) trained staff person on duty during its business hours. Such Personnel. An Avionics, Instrument, or Propeller Repair Station Operator must to exceed one hour. hours per day, and must be available after hours, on call, with a response time not public for this activity which means at minimum five (5) days per week, eight (8) shall be open and services shall be available to meet the reasonable demands of the Hours of Operation. An Avionics, Instrument, or Propeller Repair Station Operator the Flight Training Operator and any approved sublessee(s). hangar (if required), facilities, and vehicle parking to accommodate all activities of least 4,000 square feet of floor space, and adequate land, apron/paved tie-down, an area of not less than 10,000 square feet of ground space, which must include at Premises. An Avionics, Instrument, or Propeller Repair Station Operator must lease 25 60 is subject to the approval of the Airport Director and may depend on the number of equipment that the Air Cargo Services Operator is allowed to bring onto the Airport Aircraft tow bars, floor scale, and forklift. The number of pieces of each type of baggage tug and tow bars, pallet loaders, dollies, belt loaders, freight carts and equipment to serve aeronautical customers’ needs. Minimum equipment includes: Equipment. An Air Cargo Services Operator must have adequate and appropriate Air Cargo Services . Exhibit A Insurance. See to meet all requirements for Aircraft Storage. appropriate equipment for Aircraft Storage and sufficient Personnel who are trained Equipment and Personnel. An Aircraft Storage Operator must provide the minimum five (5) days per week, eight (8) hours per day. meet the reasonable demands of the public for this activity, which means at Hours of Operation. The Operator shall be open and services shall be available to Paved flooring in hangar space. iv.; and Electrically operated bi-fold doors with individual electric service iii.;Compliance with all applicable building and fire codes ii.;out of the hangar and operations areaOperator’s proposed plan for storage and transport of stored Aircraft in and approved by the City after it reviews and approves the Commercial single-engine Aircraft and/or twin-engine Aircraft, unless otherwise Construction with individual partitions that are sufficient size to store following requirements: Facilities. An Aircraft Storage Operator must provide facilities that meet the the hangar. sufficient apron to accommodate the movement of Aircraft into and out of type of Aircraft. Each hangar or subdivision thereof must be combined with Commercial Operator. Hangar space requirements may differ depending on depending on the type and/or number of Aircraft to be stored by the The City may require additional hangar space be leased or constructed approved sublessee(s). parking to accommodate all activities of the Aircraft Storage Operator and any space, and adequate land, apron/paved tiedown, hangar, facilities, and vehicle square feet of ground space, which must include at least 6,400 square feet of hangar Premises. An Aircraft Storage Operator must lease an area of no less than 20,000 Aircraft Storage 26 61 Airport. Each Air Cargo Services Operator under this category must advise the all agreements or contracts with customer(s) and/or FBO(s) currently serving the any FBO providing this service) shall also provide the City with a signed copy of Customer Information. Each Air Cargo Services Operator under this category (and as required by its customers. Operator shall have services available during weekend, evening, or overnight hours Hours of Operation. In addition to normal business hours, an Air Cargo Services space and a building space of 4,000 square feet for staging operations. performing Air Cargo Handling, must lease an area of 10,000 square feet of ground Premises – Air Cargo Handling. An Air Cargo Services Operator, if only a building space of 8,000 square feet to accommodate a warehouse building. Air Cargo Processing, must lease an area of 20,000 square feet of ground space and Premises – Air Cargo Processing. An Air Cargo Services Operator, if performing minimum 5,000 lb. draw bar pull or equivalent. If surface transportation of cargo is provided, one tug, having a ·pneumatic tires or equivalent One forklift, having a minimum 4,000 lb. rating, LP gas or electric with ·applicable legal requirements One floor scale certified by the State of Minnesota in accordance with ·the following minimum equipment: For Air Cargo Processing, an Air Cargo Services Operator must have use of ii.Aircraft tow bars. Non-motorized equipment including, but not limited to, freight carts and ·One belt loader ·equivalent equipment 28-pallet dollies and 16 container dollies or an equal amount of ·Two container/pallet loaders ·One baggage tug and tow bar for baggage equipment and freight carts ·as a guideline: For Air Cargo Handling, the following minimum equipment list shall serve within the Air Cargo Services Operator’s premises in an enclosed space. and returned to service within thirty (30) days, stored in a safe manner out of sight services equipment must be removed from the Airport or, if intended to be repaired customers that the Air Cargo Services Operator is servicing. Disabled ground 27 62. Exhibit A Insurance. See operation, at least one (1) supervisory staff person. Carrier Handling Services Operator. Such Personnel must include, at all hours of sufficient trained Personnel to perform the services conducted by the Passenger Air Personnel. A Passenger Air Carrier Handling Services Operator must have customer. five (5) working days of any changes in their agreement(s) or contract(s) with any Carrier Handling Services Operator under this category must advise the City within or contracts with customer(s) currently serving the Airport. Each Passenger Air under this category shall also provide the City with a signed copy of all agreements Customer Information. Each Passenger Air Carrier Handling Services Operator or overnight hours as required by its customers. Handling Services Operator shall have services available during weekend, evening, Hours of Operation. In addition to normal business hours, a Passenger Air Carrier approve such arrangement in advance. proposes to operate from an Air Carrier’s leased space, the City must review and staging operations. If the Passenger Air Carrier Handling Services Operator of 10,000 square feet of ground space and a building space of 4,000 square feet for Premises. A Passenger Air Carrier Handling Services Operator must lease an area Air Carrier Handling Services Operator’s premises in an enclosed space. within thirty (30) days, stored in a safe manner out of sight within the Passenger removed from the Airport or, if intended to be repaired and returned to service Services Operator is servicing. Disabled ground services equipment must be depend on the number of customers that the Passenger Air Carrier Handling bring onto the Airport is subject to the approval of the Airport Director and may equipment that the Passenger Air Carrier Handling Services Operator is allowed to potable water carts, and Aircraft tow bars. The number of pieces of each type of Minimum equipment includes: baggage tug and tow bars, belt loaders, lavatory and adequate and appropriate equipment to serve aeronautical customers’ needs. Equipment. A Passenger Air Carrier Handling Services Operator must have Passenger Air Carrier Handling Services . Exhibit A Insurance. See at all hours of operation, at least one (1) supervisory staff person. (Air Cargo Handling and/or Air Cargo Processing). Such Personnel must include, to perform one or both of the services conducted by the Air Cargo Services Operator Personnel. An Air Cargo Services Operator must have sufficient trained Personnel contract(s) with any customer and/or FBO(s). City within five (5) working days of any changes in their agreement(s) or 28 63. Exhibit A Insurance. See that are required in order to lawfully conduct the services it provides at the Airport. Airport Director evidence of all federal, state, and local licenses and certificates Licenses and Certifications. Temporary SASOs shall have and provide to the assuring compliance by Temporary SASOs with all Airport Rules and Regulations. Regulations. Airport users utilizing Temporary SASOs are also responsible for Rules and Regulations. Temporary SASOs must comply with all Airport Rules and use of the Airport. Fees. Temporary SASOs shall be required to pay a fee commensurate with their services at non-business hours. permission from the Airport Director prior to the Temporary SASO providing weekend service by a Temporary SASO gives written notice to and receives written normal business hours only, unless the Airport user requiring after-hours or Hours of Operation. The hours of operation of a Temporary SASO are to be during terms and conditions as the Airport Director may require. Agreement to the Temporary SASO, authorizing the requested activity on such SASO is qualified, the Airport Director will issue a thirty- (30) day temporary Airport through an existing Commercial Operator, and that the potential Temporary Airport Director determines that the requested services are not available at the Temporary SASO in the form and manner prescribed by the Airport Director. If the SASO must submit a request to the Airport Director on behalf of the potential Temporary Agreement. The Airport user requiring the services of a Temporary providing comparable products and services and engaging in similar activities. consistent with the degree of care and skill exercised by experienced Persons leased premises of the Airport user which has solicited its services in a manner Scope of Activity. A Temporary SASO shall conduct its activities on and from the comply with the following Minimum Standards set forth in this subsection. otherwise noted in this subsection), each Temporary SASO at the Airport shall with the general Minimum Standards set forth in Section 4 (unless an exception is Minimum Standards Applicable to Temporary SASOs. In addition to complying Temporary SASOs. provide said services provided that they comply with these Minimum Standards for utilize the services of a qualified Person not presently based at the Airport to the flight training requirements, the City may allow an Airport user to solicit and Commercial Operator due to either the specialized nature of the maintenance and/or When such assistance is not available on the Airport through an existing specialized assistance with the maintenance of their Aircraft and/or flight training. Introduction. The City recognizes that Airport users may periodically require Temporary Specialized Aviation Service Operators 29 64 approval of the Airport Director, including the sale of new or used Aircraft, the sale or rental of all An FBO may provide other specialized aeronautical services on its leasehold subject to the Commercial Operator. leased to a Commercial Operator or Aircraft parking areas designated by a and tie-down service, for both based and transient Aircraft upon or within facilities Apron servicing of, and assistance to, Aircraft, including transient parking, storage 12. Aircraft lavatory service; and 11. Catering service for corporate and other general aviation Aircraft 10. Aircraft ground power service; Pilot weather and flight planning services; heat service;Aircraft engine pre- Oxygen, nitrogen, and compressed air services; Crew escorting in secured and restricted areas; hour of receiving a call for service; MTOW, within one (1) Aircraft recovery and towing service for disabled Aircraft less than 75,000 lbs ;Marshaling and parking of Aircraft down service;Aircraft tie- time;from time-to-Aircraft de-icing and washing of Aircraft at locations designated from the Airport operations: In addition, an FBO must be able to provide the following services in connection with its Aircraft Storage. Avionics, Instrument, or Propeller Repair Station Services; and Aircraft Airframe, Engine and Accessories Maintenance and Repair Services; Services;Aircraft Fuel and Oil Handling all of the subcategories of services within those classifications: An FBO must provide, at minimum, the following Commercial Aeronautical Services, including Commercial Aeronautical Services Provided by FBOs SECTION 6 – MINIMUM STANDARDS APPLICABLE TO FBOS 30 65 has elected to exercise its proprietary exclusive right): required) to provide Aircraft Fuel and Oil Handling Services (other than the City, to the extent it The following requirements apply to FBOs as the only Commercial Operators permitted (and Aircraft Fuel and Oil Handling Services Customer Service Representative Aircraft Mechanic iv.Fueling Supervisor iii.Line Service Technician ii.Full-Time Manager Categories of Personnel shall include without limitation: adequate Personnel coverage for each Commercial Aeronautical Service. present on site, during the FBO’s business hours, to ensure that the FBO has requirements for each Commercial Aeronautical Service. Such Personnel must be City, include multiple roles for one staff person, in order to meet the Personnel Commercial Aeronautical Service conducted, which may, with the approval of the Personnel. An FBO must employ Personnel who are trained to provide each on-call Aircraft maintenance and fueling service not to exceed one hour. provided during the remaining eight (8) hours of each day, with response time for on 365 days a year, for at least sixteen (16) hours per day, and with on-call service Hours of Operation. An FBO must keep their premises open with service available to review and approval by the City. the FBO and any approved sublessee(s). An FBO’s plan for its premises is subject (terminal, office, and shop) and vehicle parking to accommodate all activities of of floor space, which must include adequate land, apron, hangar(s), facilities an area of not less than 80,000 square feet of ground space and 20,000 square feet Premises. An FBO must lease from the City (directly, and not through a sublease) comply with the following requirements in this Section 6, as applicable only to FBOs: In addition to the requirements for all Commercial Operators listed in Section 4, FBOs must Minimum Standards Specific to FBOs . Exhibit A See Insurance Requirements for FBOs. requests will be reviewed and approved on a case-by-case basis. other services normally performed by similar FBOs at other airports in the United States. These types of consumer products normally related to the ownership or operation of Aircraft, and any 31 66 Operator offers for purchase. The fuel tank construction or installation must gallons of total capacity of each grade of fuel that an Aircraft Fuel Storage storage for a minimum of three (3) re-fueling trucks with at least 10,000 80,000 gallons of Jet-A-Fuel, 12,000 gallons of Aircraft deicing fluid and The fuel storage facility must be capable of maintaining a minimum of ii.on the Airport, as identified by the City. facilities must be located in one or more designated fuel storage facilities the City must approve an FBO’s fuel storage facility. All bulk fuel storage or required, in a location consistent with the Airport layout plan. If an FBO, on-Airport above-ground fuel storage facility, unless otherwise authorized An Aircraft Fuel Storage Operator shall construct or install and maintain an Fuel Storage Facility. following Minimum Standards shall apply: exercised its proprietary exclusive right) provides, the not the City, to the extent the City has Aircraft Fuel Storage Services. When Aircraft Fuel Storage Services are provided by an FBO (or proprietary exclusive right): An FBO must maintain fuel storage facilities in order to perform required) to provide Aircraft Fuel Storage Services (or the City, to the extent it exercises its The following requirements apply to FBOs as the only Commercial Operators permitted (and Aircraft Fuel Storage Services representatives. records shall be subject to examination and audit at the request of the City or its accurate record of all into-plane deliveries of aviation fuels and oils and such Recordkeeping. An Aircraft Fuel and Oil Handling Operator must maintain an conform to federal, state, and City regulations. An Aircraft Fuel Storage Operator must provide reliable metering devices which relative to fuel and oil dispensing as required by federal, state, and City regulations. pumping equipment, both mobile and fixed, to meet all applicable requirements Equipment. An Aircraft Fuel and Oil Handling Operator must provide the required materials including, but not limited to, used oil, solvents, and other regulated waste. sanitary handling and timely disposal of all solid waste, regulated waste, and other Waste. An Aircraft Fuel and Oil Handling Operator must ensure the lawful and federal law and regulations, including but not limited to 14 C.F.R. § 139.321. FAA from time to time, as well as the requirements contained in all applicable , as it may be amended and revised by the Aircraft Ground Handling and Servicing Advisory Circulars, including but not limited to FAA Advisory Circular 00-34A, accordance with the specifications and guidance contained in applicable FAA FAA Guidance. All Aircraft Fuel and Oil Handling Services will be conducted in 32 67 Rules and Regulations regarding such operations. Storage Operator decides to provide such a facility, it must comply with all Airport for Aircraft Fuel Storage Operators and is not mandatory. If an Aircraft Fuel Commercial Self-service. Commercial Self-service fueling is an optional service including, but not limited to, used oil, solvents, and other regulated waste. handling and timely disposal of all solid waste, regulated waste, and other materials Waste. An Aircraft Fuel Storage Operator must ensure the lawful and sanitary contained in the Airport Rules and Regulations. the EPA. Further requirements for the SPCC and rules governing fuel spills are fuel Spill Prevention Countermeasures and Control Plan (“SPCC”), as required by spill prevention features and containment capabilities, together with an approved Spill Prevention and Response. The fuel storage system must include adequate fuel of the industry accepted grades of aviation engine fuel and oil. Inventory. An Aircraft Fuel Storage Operator must provide an adequate inventory and the MPCA. meet all applicable safety fixtures and filtration systems required by the EPA 33 68 limits are adequate to protect the Commercial Operator’s interests and liabilities. insurance hereunder, the City in no way represents or guarantees that the types and secure higher policy limits.In requiring Commercial Operators to maintain Aeronautical Services at the Airport. Commercial Operators are encouraged to shall be maintained by Commercial Operators to engage in Commercial The limits stipulated herein represent the minimum coverage and policy limits that addition to its liability policy limits. The Commercial Operator’s insurance policies shall include legal defense fees in the Commercial Operator’s performance under their Agreement. collectible insurance available to the City with respect to any claim arising out of Insurance policies required hereunder shall be primary to any other valid and Commercial Aeronautical Services on or before February 1st of each calendar year. be provided to the Airport Director throughout the term of an Agreement to conduct premium, ten (10) days’ advance written notice. Current proof of insurance shall at least thirty (30) days’ advance written notice to the City, or, for non-payment of provision that coverage afforded under such policies shall not be cancelled without change in coverage. All policies and Certificates of Insurance shall include a of Insurance thirty (30) days prior to the effective date of any reduction or material Aeronautical Services. A Commercial Operator shall furnish additional Certificates facilities and prior to its entry upon the Airport to conduct Commercial in force during the period of any construction of the Commercial Operator’s authorizing the provision of Commercial Aeronautical Services. Insurance must be Minimum Standards shall be delivered to the City upon execution of an Agreement Certificates of Insurance for the insurance required by law and set forth by these (minus) and Financial Size Category (FSC) VII or better. insurance in the State of Minnesota and shall have an “AM BEST” rating of A- underwriting the required policies shall be licensed or authorized to write such set forth herein for each authorized activity. The insurance company or companies to cover the size and nature of such activities, and not less than the minimum limits to the activities conducted by the Commercial Operator at the Airport and sufficient own cost, insurance policies and coverage limits that are relevant and appropriate with the City to conduct Commercial Aeronautical Services at the Airport, at their Commercial Operators shall procure and maintain, during the term of an Agreement policies required by law. shall procure and maintain, during the term of any Agreement, any other insurance In addition to the insurance requirements contained herein, Commercial Operators Minimum Standards for Insurance for All Commercial Operators Insurance Requirements Exhibit A 34 69 determined by the City on a case-by-case basis. facilities to be leased and/or used by the Commercial Operator and which shall be the service(s) to be provided by the Commercial Operator and the space and coverage may be required for any Commercial Operator, based upon the nature of Operators unless specifically noted otherwise below. Additional types of insurance The minimum insurance requirements in this Section II apply to all Commercial Applicable Insurance Coverage Limits II. written notice to all Commercial Operators. modify, delete, alter, or change these requirements with thirty (30) days’ prior The City maintains the right, based on commercially reasonable standards, to Agreement. maintain required insurance shall be grounds for immediate termination of the The Commercial Operator’s Agreement shall provide that failure to obtain or and/or broader coverage maintained by the Commercial Operator. minimums shown herein, the City requires and must be entitled to the higher limits If a Commercial Operator maintains higher limits and/or broader coverage than the on the indemnity in same given as a matter of law. Agreement between the City and a Commercial Operator or any limitation placed the indemnification language in these Minimum Standards and/or in any The required insurance to be carried is not limited by any limitations expressed in is approved in writing by the Airport Director. casualty causing the damage or destruction, unless a change in design or location facilities or improvements to the condition and location existing prior to the perils, shall be used to defray the cost of repairing, restoring, or reconstructing said proceeds of any such insurance paid on account for any of the aforementioned lightning, wind, hail, earthquake, extended coverage, and/or vandalism. The (current replacement cost with no depreciation) thereof against the perils of fire, improvements on their leased premises to be kept insured to the full insurable value Commercial Operators shall, at their sole expense, cause all facilities and policy limits required hereunder. Commercial Operator’s policy limits on a follow-form basis to satisfy the full An umbrella or excess liability insurance policy may be used to supplement the to the commencement of any Commercial Aeronautical Service at the Airport. evidence must be reviewed and approved in writing by the Airport Director prior claims, actions, and/or litigation arising out of its activities at the Airport. Such insurance and shall hold the City and the Company harmless in the event of any Any self-insured Commercial Operator shall furnish evidence of such self- 35 70 or connected with the operation of the Commercial Operator’s premises. advisable for protection against claims, liabilities and losses arising out of Such additional coverage or other insurance in amounts as the City deems vii. Workers’ compensation insurance in Minnesota statutory limits. vi. case basis. Operators deemed to have higher risk operations by the City on a case-by-each accident/occurrence. This minimum may be raised for Commercial Environmental liability insurance at a $2,000,000 combined single limit for or Propeller Repair Station Operators; and (3) FBOs. Accessories Maintenance and Repair Operators; (2) Avionics, Instrument, following Commercial Operators: (1) Aircraft Airframe, Engine and Product liability insurance at a $1,000,000 combined single limit for the iv. Aeronautical Service(s). operate any vehicles in the course of its provision of Commercial Operator. This requirement is waived if the Commercial Operator does not Aeronautical Service(s), whether or not owned by the Commercial by the Commercial Operator in the provision of its Commercial per occurrence. Coverage shall be extended to include any vehicles used coverage of not less than $1,000,000 (bodily injury and property damage) Automobile comprehensive liability insurance at a combined single limit iii. sublease, or provide hangar space as part of their activities. requirement does not apply to Commercial Operators that do not lease, which limits will be determined on a case-by-case basis by the Airport. This be allowable for piston engine aircraft and single engine turbine aircraft, aircraft values as determined by the Airport. Lower limits for SASOs may feet, higher minimums will apply (up to $10,000,000) based on the actual accommodates turbine powered aircraft with a wingspan greater than 49 any and all hangars, in addition to the FBO’s premises. If an FBO an FBO, such coverage shall be extended to cover the FBO’s operation of subject to deductible of not more than $25,000 for any one occurrence. For for any one aircraft and in the amount of $5,000,000 for any one occurrence, Hangarkeeper’s liability insurance in the minimum amount of $2,500,000 ii. (including passengers), death and/or property damage. combined single limit for each occurrence for all personal and bodily injury minimum amount of $5,000,000 (for FBOs) or $2,000,000 (for all SASOs) Comprehensive commercial general and aircraft liability insurance in the insurance policies at the stated minimums: Each Commercial Operator shall purchase or otherwise acquire the following basic 36 71 flight instruction, but also after instruction has been given. insurance shall include bodily injury and property damage not only during amount of $100,000 (combined single limit – each occurrence). This Liability insurance (for Operators that employ flight instructors) in the $100,000 (combined single limit – each occurrence) and CFI Professional Aircraft Lease and Rental Services and/or Flight Training in the amount of Student and renter liability insurance for Commercial Operators providing ix. aircraft hull) for students and renters of aircraft. shall include bodily injury, personal injury, and property damage (excluding turbine powered aircraft with a wingspan 79 feet or greater. This insurance aircraft, and $10,000,000 (combined single limit – each occurrence) for $5,000,000 (combined single limit – each occurrence) for turbine powered (combined single limit – each occurrence) for piston powered aircraft, required to acquire aircraft and passenger liability insurance of $1,000,000 Training, Aircraft Charter, Aircraft Sales, and some other SASOs shall be Commercial Operators providing Aircraft Lease and Rental Services, Flight viii. 37 M 72:tcapmI?ecruoseR?&?lacsiF?.dednemmocer?stnarg?laredef?dna?etats?foecnatpecca?dna?tnemeerga?secivres?lanoisseforp?fo?noitazirohtuA?-?noissimmoC?tropriA?:4202?,6?tsuguA:tnemegagnE?ytinummoC?&?snoit cA?evitalsigeL?roirP".od?ew?lla?ni?ytirucesdna?ytefas?sdebme?dna?,ffats?srewopme?,sredlohekats?ot?evisnopser?si?,ytilibatnuocca?dna?ytiliga?htiwstca?,tsrif?remotsuc?eht?secalp?taht?tessa?ytinummoc?el baniatsus?a?edivorp?oT"?:noissim?s'ti?htiw?tropriaeht?tsissa?lliw?hcihw?norpA?noitaivA?lareneG?eht?ot?stnemevorpmi?ekam?ot?tropria?eht?wolla?lliw?krow?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP?.erutcur tsarfnI?tropriA?ot?detacolla?saw?taht?waL?erutcurtsarfnI?nasitrapiB?eht?fo?noitrop?eht?yb?dedivorpeb?lliw?tcejorp?siht?rof?gnidnuF?.airetirc?AAF?steem?hcihw?,stluser?EFI?eht?naht?rewol?%1?era?tnuH&?d aeM?yb?desoporp?seef?eht?dna?,tcejorp?siht?rof?deraperp?saw?)EFI(?setamitsE?eeF?tnednepednI?nA?.esahp?tsrif?eht?srevoc?ylno?lasoporpsiht?dna?snosaes?noitcurtsnoc?owt?revo?ecalp?ekat?lliw?tcejorp?siht ?taht?detapicitna?si?tI?.stnemevorpmignipacsdnal?dna?,gnikram?tnemevap?,lacirtcele?,stnemevorpmi?ssecca?ytiruces?,stnemevorpmi?eganiard,stnemevorpmi?gnidarg?,noitarugifnocer?tnemevap?rof?ngised?sedul cni?tnemeerga?siht?yb?derevoc?krowfo?epocs?ehT?.tropriA?lanoitanretnI?retsehcoR?eht?ta?noisnapxE?dna?noitcurtsnoceR?norpA?)AG(?noitaivAlareneG?eht?ot?stnemevorpmi?rof?secivres?gniddib?dna?ngised?,sis ylana?latnemnorivne?sedulcni?lasoporpsihT?.efil?lufesu?sti?fo?dne?eht?dehcaer?sah?aera?norpA?noitaivA?lareneG?eht?ni?tnemevap?norpa?ehT:evitarraN?tropeR.)AAF(?noitartsinimdA?noitaivA?laredeFeht?htiw? stnemeerga?tnarg?fo?noitucexe?gnizirohtua?dna?tnarg?eht?gnitpecca?noituloseR?a?gnitpodA?.3.atosenniM?fo?etatSeht?htiw?stnemeerga?tnarg?fo?noitucexe?gnizirohtua?dna?tnarg?eht?gnitpecca?noituloseR?a?gn itpodA?.2dna?)TSR(?tropriA?lanoitanretnI?retsehcoR?eht?ta?secivres?ngised?noisnapxe?dna?noitcurtsnocernorpa?noitaiva?lareneg?rof?tnuH?&?daeM?htiw?tnemeerga?secivres?lanoisseforp?a?gnizirohtuA?.1:dets euqeR?noitcA???6.F)TSR(?tropriA?lanoitanretnI?retsehcoReht?ta?secivreS?ngiseD?noisnapxE?&?noitcurtsnoceRnorpA?)AG(?noitaivA?lareneG?rof?tnemeergAsecivreS?lanoisseforP?dna?ecnatpeccA?tnarG NOITCA?ROF?TSEUQER deeR?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE T 73 noisnapxE?dna?noitcurtsnoceR?norpA?ecnatpeccA?tnarG?etatS?-?noituloseRnoisnapxE?dna?noitcurtsnoceR?norpA?ecnatpeccA?tnarG?AAF?-?noituloseRnoisnapxE?dna?noitcurtsnoceR?norpA?tropriA?-?tnuH?dna?ed aeM?-?tnemeergA:stnemhcattA nessualC?truK:yB?deraperP.sevreseR?tropriA?%5.2?dna?,etatS?%5.2?,AAF?%59?yb?dednuf?eb?lliw?tcejorp?sih FORM CLIENT PSA-1 – TASK ORDER 11-2023 74 attachments shall incorporate this document as part of the CONTRACT. All work and services : Approval and acceptance of the TASK ORDER including any APPROVAL AND ACCEPTANCE CONTRACT. described in Exhibit B. Progress payments shall be made in accordance with the 3.Consideration. The services shall be provided for the lump sum of $750,913.50 as 2.Schedule. The project shall be completed by June 30, 2025.defined in Exhibit A. Apron Reconstruction & Expansion Design services. The full Scope of Services is 1.Services to be provided. The Scope of Services is to: Provide General Aviation (GA) AGREEMENT CONSULTANT (“CONTRACT”). CONDITIONS OF AGREEMENT dated effective August 19, 2024 between the CLIENT and PROFESSIONAL SERVICES TERMS AND This is the #2021-19 Task Order to the RECITALSTASK ORDER EFFECTIVE DATE:August 19, 2024 A Wisconsin CorporationMead and Hunt, Inc.(“CONSULTANT”)AND:R ochester, MN BETWEEN:PROFESSIONAL SERVICES TERMS AND CONDITIONS OF AGREEMENTTOTASK ORDER #2021-19 Page 1 of 2CLIENT PSA-1 – TASK ORDER 11-2023 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 x 92 PHASE 2PHASE 1RUNWAY 21/3RUNWAY 13/31 TAXIWAY A9 TAXIWAY A7REMOVE EXISTINGEXISTING PERIMETER FENCEREMOVE / RELOCATEACCESS GATE 9RELOCATEREMOVE &GATE 9ACCESSRELOCATED BRATAAS DR SW CTR 16 SW(0.20 ACRES)WETLANDDELINEATEDWETLANDDELINEATEDEFFECTOF POTENTIALOVERALL AREATDG 3)TAXILANE 1 (ADG III /SITESPOILS FILLEXCESSFENCERELOCATETAXILANE EXTENSIONADG I / TDG 1BPAVEMENTREMOVE TAXIWAY A8(ADG II / TDG 2B)TAXILANE 16(ADG I / TDG 1B)TAXILANE 20(ADG I / TDG 1B)TAXILANE 18(ADG I / TDG 1B)TAXILANE 19 SITESPOILS FILLEXCESSRECONSTRUCT TAXIWAY JRELOCATE /(ADG III / TDG 3)TAXIWAY J(ADG III / TDG 3)TAXIWAY H(ADG III / TDG 3)TAXILANE 1 TAXIWAY A7 TAXIWAY ATAXIWAY A6TAXIWAY G0 FIGURE 1& EXPANSION - PHASES 1 & 2GA SERVICE RAMP RECONSTRUCTION7/16/20242879900-22136 4.01ROCHESTER INTERNATIONAL AIRPORT 7/17/2024 10:05:18 AMX:\\2879900\\221364.01\\TECH\\CAD\\COST ESTIMATE DRAWINGS\\2879900-221364.01 CL - ALT 1 PREFERRED FULL BUILD OUT.DWG TAXIWAY KREMOVE EXISTINGTAXIWAY HRECONSTRUCT//FNC////FNC////FNC////FNC////FNC////FNC////FNC////FNC//xx Exhibit 93 Airport?International?1?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm$750,913.50FEES?ENGINEERING?TOTAL$692,063.50FEES?HUNT?&?MEAD?TOTAL$58,850.00CONSULT ANTS?SUB?DIRECT?TOTAL$24,198.50ADMINISTRATION?BID?-?IV?PHASE?TOTAL$692,063.50FEES?HUNT?&?MEAD?TOTAL ExpensesAward?for?Recommendation?Prepare 47.0 Tabulation?Bid?and?Review?Bid 46.0 Opening?Bid 45.0 Conference?Pre-Bid 44.0 Addenda?Distribute?and?Prepare 43.0?Bidders?to?Respond 42.0?Bid?Furnish 41.0 ADMINISTRATION?BID?-?IV?PHASE$426,796.50DESIGN?FINAL?-?III?PHASE?TOTAL Expenses$17,023.00Mee tings?Project 40.0$20,890.00Coordination?Project 39.0 Bids?for?Advertisement?Prepare 38.0?Report?Management?Construction?Draft?Submit?and?Prepare 37.0$14,476.00Report?Design?Engineer's?Final?Submit?a nd?Prepare 36.0 Estimate?Cost?Final?Submit?and?Prepare 35.0 Specifications?and?Plans?Final?Submit?and?Prepare 34.0 Complete?90%?at?Review?Plan?Conduct 33.0 90%?to?Specifications?Update 32.0$15,394.00?90%?to?Plans?Update 31.0 Complete?60%?at?Review?Plan?Conduct 30.0$12,253.00Complete?60%?at?Estimate?Cost?Prepare 29.0$11,792.00?of?Modification?and?Engineering?of?Certification?Prepar e 28.0 Permits?Edit?and?Compile 27.0 Plan?Control?Erosion 26.0 Plan?Marking?&?Plan?Sign?Guidance?Airport?Update 25.0$11,561.00?Calculations?Circuit?and?Layout?Lighting?Prepare 24.0$10,057.00Design?Se wer?Storm?Final?and?Analysis?Drainage?Surface?Final?Prepare 23.0$37,635.00Specifications?Preliminary?Prepare 22.0$207,635.00Plans?Final?Prepare 21.0 CSPP?Prepare 20.0 7460-1?Form?Complete 19.0 DESIGN?FINAL?-?III?PHASE$184,970.50?DESIGN?PRELIMINARY?-?II?PHASE?TOTAL Expenses$19,063.00Meetings?Project 18.0$21,026.00Coordination?Project 17.0$25,958.00Documentation?and?Review?Environmenta l 16.0 CSPP?Prepare 15.0 7460-1?Form?Complete 14.0$24,212.00Report?Design?Preliminary?Prepare 13.0$15,235.00Estimate?Cost?Preliminary?Prepare 12.0$14,513.00Analysis?Drainage?Surface?Preliminary?Prepa re 11.0$12,432.00Design?Pavement?FAA?Prepare 10.0 Sheet?Layout?Project?Prepare 9.0$17,145.00Investigation?Geotechnical 8.0$20,773.00?Topographic 7.0 DESIGN?PRELIMINARY?-?II?PHASE$56,098.00?ADMINISTRA TION??-?I?PHASE?TOTAL$0.00ExpensesCloseout?Project?Grant?AIP 6.0 Administration?and?Application?Grant 5.0$58,850.00CONSULTANTS?SUB?DIRECT?TOTAL$13,452.00Update?or?Plan?DBE 4.0$11,400.00Subconsultant? Survey$11,152.00Coordination?Project 3.0$35,950.00testing)?and?borings?(soil?Subconsultant?GeotechnicalContract?Prepare 2.0$11,500.00delineation)?(wetland?Subconsultant?Environmental$10,468.00Scoping ?Project 1.0 FeeCONSULTANTS?SUB?DIRECT?ADMINISTRATION??-?I?PHASEFee?Engineering million?$10?Estimate:?Construction?Project?Total?&?Reconstruction?Apron?GA?for?Design DESCRIPTION:?PROJECT 1?NO:?REV.3-27-0084-50-2024?AIG??NO.?PROJECT?AIG 7/18/24?DATE:?Rochester,???NUMBER:?PROJECT Airport?International??AIRPORT:Fee?Engineering?Design???-?B? Item 94 Airport?International?Rochester 2?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm$56,098.00TOTALADMINISTRATION?CONTRACT?-?I?PHASE$0.00Expenses?Total$0.00$0.0 00000000000Other$0.00$150.000000000000Reproductions$0.000000000000Meals$0.00$125.00Days?0000000000?Lodging$0.00Miles?0000000000Mileage RateExpenses$9,916.00$186.00$904.00$284.00$0.00$740.00$688.00$1, 480.00$4,960.00$674.00Costs?Summary$9,916.00 462820448162Man-hours?Total?EstimatedCloseout?Project?Grant?AIP 6.0$7,568.00$0.00$452.00$568.00$0.00$0.00$0.00$1,480.00$3,720.00$1,348.00Costs?Summary$7,5 68.00 320440008124Man-hours?Total?EstimatedAdministration?and?Application?Grant 5.0$13,452.00$0.00$1,356.00$0.00$0.00$0.00$0.00$4,440.00$4,960.00$2,696.00Costs?Summary$13,452.00 60012000024168Man-hou rs?Total?Estimated?or?Plan?DBE 4.0$11,152.00$0.00$452.00$284.00$0.00$370.00$344.00$1,480.00$6,200.00$2,022.00Costs?Summary$11,152.00 440420228206Man-hours?Total?EstimatedCoordination?Project 3.0$3,542.00$186.00$452.00$0.00$0.00$0.00$0.00$370.00$1,860.00$674.00Costs?Summary$3,542.00 16240000262Man-hours?Total?EstimatedContract?Prepare 2.0$10,468.00$186.00$452.00$284.00$0.00$740.00$344.00 $1,480.00$4,960.00$2,022.00Costs?Summary 442420428166Man-hours?Total?Estimated$7,218.00302220224124proposal?and?work?of?scope?project?Prepare???1.2$3,250.0014020020442Sponsor?the?with?meetings?Prelim inary???1.1 Scoping?Project 1.0 ADMINISTRATION?CONTRACT?-?I?PHASE SummaryHours$113.00$142.00$152.00$185.00$172.00$185.00$310.00$337.00CostTotalClericalI?Tech?/?AssistantAdministrativeIII?TechII?Plann er/?II?Engineer??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?EngineerProject?Sr.EngineerPrincipal No. PHASE 95?International?Rochester 3?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm Hours$93.00CostTotalClericalI?Tech?/?AssistantAdministrativeIII?TechII?/?II?Engine er??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?Engineer?Sr.EngineerPrincipal No.Item$184,970.50TOTALDESIGN?PRELIMINARY?-?II?PHASE$3,561.50Expenses?Total 1000000000Supplies?Survey1000000000 Reproductions$59.0016000009340MealsDays?3000003000?$1,842.50$0.67Miles?275000000100075010000 RateExpenses$19,063.00$93.00$0.00$1,032.00$5,180.00$8,680.00$2,696.00Costs?8112620628288Man-hours?Total?Es timated$12,596.005311300618186meetings?Coordination???18.2$6,467.002801320010102?to?recommendations???and?alternatives??preliminary????18.1 Meetings?18.0$21,026.00$93.00$1,720.00$4,440.00$11,160.00$2 ,022.00Costs?$21,026.00 88133321024366Man-hours?Total?EstimatedCoordination?17.0$25,958.00$0.00$1,130.00$0.00$7,296.00$0.00$4,128.00$7,770.00$4,960.00Costs?$25,958.00 14201004802442162Man-hours?Total ?EstimatedDocumentation?and?Review?Environmental 16.0$4,473.00$0.00$0.00$0.00$1,850.00$1,240.00Costs?$4,473.00 220202031041Man-hours?Total?EstimatedCSPP?15.0$1,506.00$0.00$0.00$0.00$0.00$0.00Costs?$1 ,506.00 7000200311Man-hours?Total?Estimated7460-1?Form?Complete 14.0$24,212.00$93.00$3,648.00$1,110.00$2,752.00$6,660.00$8,060.00$1,011.00Costs?$24,212.00 1191432461636263Man-hours?Total?EstimatedRep ort?Design?Preliminary?13.0$15,235.00$93.00$3,040.00$1,295.00$1,376.00$4,440.00$3,410.00Costs?80134207824112Man-hours?Total?Estimated$3,350.0017110412431estimates?cost?preliminary????12.2$11,885.0063 02416662081quantities?preliminary?estimated?Calculate???12.1 Estimate?Cost?Preliminary?12.0$14,513.00$93.00$2,432.00$0.00$2,752.00$4,810.00$3,100.00Costs?$14,513.00 761231601626102Man-hours?Total?Est imatedAnalysis?Drainage??Preliminary?11.0$12,432.00$0.00$0.00$0.00$4,440.00$6,200.00Costs?$12,432.00 5402240024202Man-hours?Total?EstimatedDesign?Pavement?FAA?10.0$5,073.00$0.00$1,420.00$0.00$0.00$0. 00$1,850.00$1,240.00Costs?$5,073.00 2702100001041Man-hours?Total?EstimatedSheet?Layout??9.0$17,145.00$0.00$1,136.00$1,216.00$0.00$5,504.00$3,515.00$4,650.00$1,011.00Costs?86018803219153Man-hours?Tota l?Estimated$1,327.005000000221data????8.4$11,936.006600880321260work?Field???8.3$1,795.007000000340requirements???Establish???8.2$2,087.008010000232work?geotechnical?schedule?to?Coordination???8.1 Investigation?Geotechnical 8.0$20,773.00$93.00$1,704.00$3,344.00$0.00$4,816.00$5,180.00$4,960.00Costs?11113122202828161Man-hours?Total?Estimated$3,587.0021106600620software?design?for?data?survey??? ?7.4$9,416.004800220241280work?Field???7.3$4,553.00270141204420?Survey???7.2$3,217.0015020200641utilities)?locate?data,?existing?(collect?Coordination???7.1 Surveying?Topographic 7.0 DESIGN?PRELIMINARY?-?II? PHASE 96?International?Rochester 4?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm Hours$93.00CostTotalClericalI?Tech?/?AssistantAdministrativeIII?TechII?/?II?Engine er??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?Engineer?Sr.EngineerPrincipal No.Item$37,635.00$2,712.00$1,520.00$3,700.00$4,128.00$11,840.00$11,780.00$1,348.00Costs?190524110202464384Man-h ours?Total?Estimated$7,381.00402812441261provisions??preliminary????11.3$4,672.0022160002481documents?contract?preliminary????11.2$25,582.0012821008161848242specifications?technical?preliminary????11 .1 Specifications?Preliminary?11.0$207,635.00$1,302.00$3,503.00$25,418.00$24,320.00$16,280.00$38,700.00$51,800.00$40,920.00$5,392.00Costs?1,12514311791608822528013216Man-hours?Total?Estimated$8,999.0 053101212164620?Electrical??E-601$5,443.0029104482640 Diagrams?Wiring??E-501$3,963.0021104442240 Legend?Sign??E-321$7,134.0036014484861 Plan??Proposed??E-311$2,973.0016102142420 Plan??Existing??E-301 $16,494.0084016824824121 Plan?Layout?Electrical??E-201$6,401.0033004484841 Plan?Removals?Electrical??E-101 Electrical$7,842.004611168041240 Sections?Cross??C-901 X-Sections?-?Civil$2,150.001100120242 0????C-671$7,537.00390084081261 Plans????C-661??-?Civil$4,444.0025003608620???C-631$9,798.005202680121680 Plans???C-601?-?Civil$4,586.0026004608620?Drainage??C-451$14,227.00790216120241681 Profiles?&?Plan??C-441 Sewer?Storm?-?Civil$1,969.0011002213210??C-501$3,925.0022014324620 Profiles?&?Plan??C-401?-?Civil$3,231.0018004306320?Paving??C-311$7,625.004100660121241 Sections???C-301$8,88 0.004800860161260 Profiles?&?Plan??C-201$15,436.00842012120242482 Plan?Drainage?&???C-101 Site?-?Civil$5,417.0030008804631 Contours?Existing??C-091$1,975.0010002003320?Demolition??C-061$3,012.0015002 004630 Plans?Demolition??C-051$8,538.004522630121262 Plans?Management?Water?Storm??C-041$2,326.0013002204410????C-031$4,659.0025024306631 Plans????C-021$1,528.0010022202200 Legend?Civil??C-001?-?Civi l$4,892.0029046306820?Soil?of?Log?&?Plan??B-051 Geotechnical$7,743.00422336281242 Plan??&?Operations?Construction??G-081$5,214.0028030634840 Tables?Quantity???G-061$3,520.0019004600630 Plan??Survey??G-041$5,403.0027006333642 Plan?Layout???G-021$4,679.0025032226640 Notes???G-003$2,197.0012013103220 Abbreviations?&?Legend??G-002$3,475.0021333033420?&?Index?Sheet?Sheet,?Cover??G-001 Plans?Final?10.0$9,512.00$0.00$0.00$4,440.00$2,480.00Costs?$9,512.00 470343302482Man-hours?Total?EstimatedCSPP?9.0$2,628.00$0.00$0.00$0.00$0.00$1,110.00$0.00Costs?$2,628.00 13002200630Man-hours?Tota l?Estimated7460-1?Form?Complete 8.0 DESIGN?FINAL?-?III? 12.0 97 Airport?International?Rochester 5?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm SummaryHours$113.00$142.00$152.00$185.00$172.00$185.00$310.00$337.00CostTot alClericalI?Tech?/?AssistantAdministrativeIII?TechII?Planner/?II?Engineer??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?EngineerProject?Sr.EngineerPrincipal No.Item$3,855.00$0.00$452.00$0.00 $304.00$0.00$1,032.00$1,110.00$620.00$337.00Costs?Summary$3,855.00 21040206621Man-hours?Total?EstimatedSpecifications?and?Plans?Final??and?Prepare 23.0$6,036.00$0.00$113.00$568.00$0.00$370.00$688.00$ 1,480.00$2,480.00$337.00Costs?Summary$6,036.00 28014024881Man-hours?Total?EstimatedComplete?90%?at??Plan?Conduct 22.0$9,537.00$372.00$1,356.00$284.00$304.00$740.00$2,064.00$2,220.00$1,860.00$337.00Co sts?Summary$9,537.00 55412224121261Man-hours?Total?Estimated90%?to?Specifications?21.0$15,394.00$0.00$113.00$568.00$608.00$1,480.00$4,128.00$4,440.00$3,720.00$337.00Costs?Summary$15,394.00 78014482424121Man-hours?Total?Estimated?90%?to?Plans?20.0$6,781.00$0.00$0.00$284.00$152.00$370.00$688.00$1,850.00$3,100.00$337.00Costs?Summary$6,781.00 3000212410101Man-hours?Total?EstimatedComplete ?60%?at??Plan?Conduct 19.0$12,253.00$186.00$226.00$852.00$912.00$1,850.00$3,440.00$2,590.00$1,860.00$337.00Costs?Summary 67226610201461Man-hours?Total?Estimated$4,640.0026112248620estimate?cost?Prepa re???18.2$7,613.00411144612841quantities?estimated?Calculate???18.1 Complete?60%?at?Estimate?Cost?Prepare 18.0$11,792.00$0.00$226.00$852.00$608.00$740.00$2,752.00$2,220.00$3,720.00$674.00Costs?Summar y$11,792.00 58026441612122Man-hours?Total?EstimatedStandards?of?Modification?and?Engineering?of?Certification?Prepare 17.0$8,193.00$0.00$113.00$284.00$608.00$370.00$2,064.00$2,220.00$1,860.00$674.00C osts?Summary$8,193.00 4101242121262Man-hours?Total?EstimatedPermits?Edit?and?Compile 16.0$3,795.00$0.00$452.00$284.00$304.00$0.00$688.00$1,110.00$620.00$337.00Costs?Summary$3,795.00 21042204621Man-hours?Total?EstimatedPlan?Control?Erosion 15.0$2,867.00$0.00$113.00$568.00$304.00$370.00$0.00$555.00$620.00$337.00Costs?Summary$2,867.00 15014220321Man-hours?Total?EstimatedPlan?Marki ng?&?Plan?Sign?Guidance?Airport?14.0$11,561.00$226.00$0.00$0.00$4,440.00$688.00$2,960.00$2,480.00$674.00Costs?Summary$11,561.00 5712002441682Man-hours?Total?Estimated?Calculations?Circuit?and??Lighti ng?Prepare 13.0$10,057.00$0.00$452.00$852.00$912.00$0.00$2,064.00$2,960.00$2,480.00$337.00Costs?Summary$10,057.00 5304660121681Man-hours?Total?Estimated?Sewer?Storm?Final?and?Analysis?Drainage?Surfac e?Final?Prepare 24.0 98 Airport?International?Rochester 6?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm SummaryHours$113.00$142.00$152.00$185.00$172.00$185.00$310.00$337.00CostTot alClericalI?Tech?/?AssistantAdministrativeIII?TechII?Planner/?II?Engineer??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?EngineerProject?Sr.EngineerPrincipal No.Item$426,796.50TOTAL?FINAL?-?I II?PHASE$1,282.50Expenses?Total$150.00$150.001000000000Reproductions$295.005000000230Meals$0.00$125.00Days?0000000000?Lodging$837.50Miles?12500000005007500Mileage RateExpenses$17,023.00$186.00$226.00 $852.00$304.00$2,220.00$344.00$4,440.00$7,440.00$1,011.00Costs?Summary 75226212224243Man-hours?Total?Estimated$8,940.004000426212122meetings?Coordination???29.2$8,083.003722206012121??Final???29.1 Meetings?Project 29.0$20,890.00$0.00$452.00$0.00$304.00$1,480.00$1,032.00$4,440.00$11,160.00$2,022.00Costs?Summary$20,890.00 8604028624366Man-hours?Total?EstimatedCoordination?Project 28.0$1,230.00$113.00$0.00$0.00$0.00$344.00$370.00$310.00$0.00Costs?Summary$1,230.00 7110002210Man-hours?Total?EstimatedBids?for?Advertisement?Prepare 27.0$7,641.00$678.00$0.00$0.00$740.00$1,376.00$2 ,220.00$1,860.00$674.00Costs?Summary$7,641.00 391600481262Man-hours?Total?Estimated??Management?Construction?Draft??and?Prepare 26.0$14,476.00$186.00$452.00$852.00$608.00$1,480.00$2,064.00$4,440.00$3 ,720.00$674.00Costs?Summary$14,476.00 74246481224122Man-hours?Total?Estimated??Engineer's?Final??and?Prepare 25.0$4,723.00$0.00$226.00$0.00$456.00$555.00$516.00$1,110.00$1,860.00$0.00Costs?Summary 23020333660Man-hours?Total?Estimated$1,612.008010111220estimate?cost?final?Prepare???24.2$3,111.0015010222440quantities?final?estimated?Calculate???24.1 Estimate?Cost?Final??and?Prepare PHASE 99?International?Rochester 7?PageCopy?of?RST?GA?Apron?Reconstruction?&?Expansion?Design?Fee?Ex?B?07302024.xlsm Hours$93.00CostTotalClericalI?Tech?/?AssistantAdministrativeIII?TechII?/?II?Engine er??EngineerElectricalTech?Sr.????Scientist/?III?Engineer?Engineer?Sr.EngineerPrincipal No.Item$24,198.50TOTALADMINISTRATION?BID?-?IV?PHASE$1,732.50Expenses?Total$0.00$0.000000000000Other4000000000Se ts?Review?$59.005000100220Meals$0.00Days?0000000000$0.670Miles?1250000250005005000 RateExpenses$1,533.00$93.00$0.00$0.00$0.00$0.00Costs?$1,533.00 7110000221Man-hours?Total?EstimatedAward?for?Recommen dation?36.0$1,612.00$0.00$0.00$0.00$0.00Costs?$1,612.00 7010001221Man-hours?Total?EstimatedTabulation?Bid?and?Review?Bid 35.0$4,552.00$0.00$0.00$0.00$0.00$1,480.00$2,480.00Costs?$4,552.00 19011000881Man-hours?Total?Estimated?Bid 34.0$6,280.00$0.00$1,216.00$0.00$1,480.00$2,480.00Costs?$6,280.00 30012820881Man-hours?Total?EstimatedConference?33.0$3,178.00$0.00Costs?$3,178.00 16022211431Man-hours?Total?Estimated?Distribute?and?32.0$3,069.00$0.00Costs?$3,069.00 15021121431Man-hours?Total?EstimatedQuestions??to?31.0$2,242.00$93.00$0.00Costs?$2,242.00 14132211310Man-hours?T otal?EstimatedDocuments?Bid?30.0 ADMINISTRATION?BID?-?IV? RESOLUTION100Rochester,Minnesota)(Seal of the City of MAYOROFSAIDCITY,2024.DAYOFTHISAPPROVED CITYCLERKATTEST:COUNCILCOMMONSAIDOFPRESIDENT,2024.DAYOF ROCHESTER, MINNESOTA, THISPASSEDANDADOPTEDBYTHECOM MONCOUNCILOFTHECITYOF .City of Rochesterany amendments on behalf of the areauthorized to execute thisagreementand City Clerkand the MayorThatthe 2.is accepted.Rochester International Airport at the Project No. _____________Federal Aviation Administration“Grant Agreement for Airport Improvement,” for , Federal Aviation AdministrationAgreement No. ____________That the 1.BEITRESOLVEDbytheCommonCounciloftheCityofRochesterasfollows:.Rochester International Airportfor General Aviation Apron Reconstruction and Expansionat the Administration(FAA)the Federal Aviation is to receive a grant from City of RochesterAirport Improvement.Authorizing Execution of aFederal Aviation AdministrationGrant Agreement for RESOLUTION101Rochester,Minnesota)(Seal of the City of MAYOROFSAIDCITY,2024.DAYOFTHISAPPROVED CITYCLERKATTEST:COUNCILCOMMONSAIDOFPRESIDENT,2024.DAYOF ROCHESTER, MINNESOTA, THISPASSEDANDADOPTEDBYTHECOM MONCOUNCILOFTHECITYOF .City of Rochesterany amendments on behalf of the areauthorized to execute thisagreementand City Clerkand the MayorThatthe 2.is accepted.Rochester International Airport at the _____________State Project No. for Airport Improvement Excluding Land Acquisition,” for , “Grant Agreement State of Minnesota Agreement No. ____________That the 1.BEITRESOLVEDbytheCom monCounciloftheCityofRochesterasfollows:.Rochester International AirportReconstruction and Expansion at the is to receive a state grant for General Aviation Apron City of RochesterAgreement for Airport Improvement Excluding Land Acquisition.Authorizing Execution of aMinnesotaDepartmentofTransportationGrant M 102 ecneF?wonSdna?llaW?gniniateR?tropriA?-?retsehcoR?fo?ytiC?dna?NM?fo?etatS?tnemeergA?evitarepooC?-?tnemeergA:stnemhcattA nessualC?truK:yB?deraperP.stsoc?tcejorp?esrubmierlliw?AAF?eht?erofeb?detel pmoc?eb?tsum?tnemeerga?tneserp?ehT?.3202?ni?devorppa?ylsuoiverp?erewtaht?stnemeerga?ot?tnausrup?sevreseR?tropriA?%5?dna?,etatS?%5?,AAF?%09?dednuf?saw?tcejorp?sihT:tcapmI?ecruoseR?&?lacsiF.tnemeerga?e vitarepooc?fo?noitazirohtua?dnemmoceR?-?noissimmoC?tropriA?:4202?,6?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.od?ew?lla?ni?ytiruces?dna?ytefas?sdebme?dna?,ffats?srewopme?,sredlohekats?o t?evisnopsersi?,ytilibatnuocca?dna?ytiliga?htiw?stca?,tsrif?remotsuc?eht?secalp?taht?tessa?ytinummoc?elbaniatsusa?edivorp?oT"?:noissim?sti?htiw?tropria?eht?tsissa?lliw?hcihw?yaw-fo-thgir?36?yawhgiH?e ht?dna?hcaorppa13?yawnuR?eht?fo?aera?eht?ni?TODnM?htiw?krow?ylevitarepooc?ot?tropria?eht?wolla?lliw?tnemeerga?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP.ecnef?wons?eht?dna?llaw?gniniater?eht?htob?rofsei tilibisnopser?ecnanetniam?mret?regnol?tuo?syal?osla?tnemeerga?sihT?.ytiC?eht?dna?etatS?eht?neewtebtnemeerga?dias?rof?deen?eht?suht?,teef?31?yletamixorppa?yb?yaw?fo?thgir?s’TODnM?no?sehcaorcnellaw?gni niater?ehT?.sdradnats?elbawolla?AAF?ot?)ASR(?aerA?ytefaS?yawnuR?tsaehtuos?31?yawnuR?ehtesiar?ot?si?llaw?gniniater?eht?fo?esoprup?ehT?.36?yawhgiH?knurT?ot?tnecajda?dna?gnola?ecnef?wons?a?dnallaw?gnini ater?a?detcurtsnoc?sah?retsehcoR?fo?ytiC?eht?hguorht?gnitca?tropriA?lanoitanretnI?retsehcoR?ehT:evitarraN?tropeR.tropriA?lanoitanretnI?retsehcoR/retsehcoR?fo?ytiC?eht?dna?noitatropsnarTfo?tnemtrapeD? -?atosenniM?fo?etatS?eht?neewteb?tnemeerga?noitcurtsnoc?evitarepooc?a?gnizirohtuA:detseuqeR?noitcA???7.F)6?.oN?tcirtsiD(?noitatropsnarTfo?tnemtrapeD?atosenniM?-?atosenniM?foetatS?eht?htiw?tnemeergA?n oitcurtsnoC?evitarepooC NOITCA?ROF?TSEUQER deeR?nhoJ:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtropriA:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE MnDOT Contract No.: 103 attached and incorporated into this Agreement. are Cand , B, A sExhibit .sExhibit . 51. .)"Project Plans"( incorporated into this Agreement by reference Engineer ands 'RSTof ) are63 (T.H. 91-5509 and by the State as State Project No. RSTprovisions designated by and special ,plans, specificationsRST approved-State. Special Provisions and ,Specifications, Plans 1.4. ajeure.. Force M5Jurisdiction; Venue; and 1Governing Law; .31Government Data Practices; .21. State Audits; 11 ;Insurance Compensation Claims;Worker . Liability;96. State Snow Fence Construction and Maintenance; ; RSTMaintenance by .5State Ownership of Improvements; .4including, without limitation, the following clauses: 2.in order to give effect to their meaning will survive the expiration or termination of this Agreement, All clauses which impose obligations continuing in their nature and which must survive erms.TSurvival of 1.3. e been satisfactorily fulfilled.when all obligations havThis Agreement will expire .ateDExpiration 1.2. .Minnesota Statutes § 16C.05, subdivision 2the date the State obtains all signatures required by oneffective .ateDEffective 1.1. sExhibitIncorporation of Plans; of Terms; Term of Agreement; Survival 1. Agreement and improving the trunk highway system. ,maintainingarrangements with and cooperate with any governmental authority for the purposes of constructing, 2 authorizes the Commissioner of Transportation to make 161.20, subdivision §Minnesota Statutes 4. ; andlengthft 351100+00.00 to 180+00.00 of its way by 13ft at approximately station point -of-retaining wall will encroach upon MnDOT’s rightMSE The 3. ; andconstructionsaid allow the State is willing to ,A) Exhibitconstruct snow fences B and C (see andsoutheast RSA corner 13 the Runwaya single MSE retaining wall to raise allow the construction of Staterequests the RST 2. ; and)"Project"( )63 (T.H. 91-5509 and by the State as State Project No. RSTdesignated by and special provisions ,prepared plans, specifications-RST according toRST and 63 Trunk Highway No.and adjacent to ,and other associated construction upon, along ,constructionsnow fence perform will RST 1. Recitals )."RST"( the Rochester, Minnesota City Councilacting through Rochester International Airport) and "State"is between the State of Minnesota, acting through its Commissioner of Transportation ( AgreementThis 63 Trunk Highway Number (T.H.): 91-5509 State Project Number (S.P.): AGREEMENT COOPERATIVE CONSTRUCTION L AIRPORTAROCHESTER INTERNATION And TRANSPORTATIONDEPARTMENT OF STATE OF MINNESOTA Construction within State R/W & Maintenance (Cooperative Agreements) -1- 1055322 MnDOT Contract No.: 104 the contractor is required to provide; andclause requiring the State to be named as an additional insured on any insurance coverage which A B. Way; and-of-State's Rightparty beneficiary of the contract with respect to the portion of work performed on the -intended thirdA clause making the State of Minnesota, acting through its Commissioner of Transportation, an A. contract with its construction contractor(s) must include the following terms: RST’s Contract Terms. 3.1. Contract Award and Construction 3. consultants and contractors.s 'RST contract rights to the State and to permit subrogation by the State with respect to claims against r assign will undertake such actions as are reasonably necessary to transfer o RSTUpon contract work, for design errors and omissions, and for defects in materials and workmanship.performance of -s consultants, and contractor (including its sureties) for non'RST obtain recovery from will assist the State, as necessary, to enforce such warranties and guarantees, and to RST flow to the State.s contractor with respect to such improvements (if any) will 'RST The warranties and guarantees made by ., unless otherwise notedthis Agreement under way-of-rightmade to such improvements including any , Way-of-Trunk Highway RightThe State will retain ownership of its State Ownership of Improvements. 2.4. clothing and hats.must be provided with required reflective Way-of-RightTrunk Highway s 'Statepersonnel occupying the , contractor, and consultant RSTAll ).http://www.dot.state.mn.us/trafficeng/workzone/index.html(provisions of the Work Zone Field Handbook , they must comply with the approved traffic control plan, and with applicable Way-of-Right Trunk Highway's State(and its contractors and consultants) are occupying the RSTWhile Traffic Control; Worker Safety. 2.3. consultants) for exercising or failing to exercise its rights under this provision.(or its contractors or RSTsituation to the satisfaction of the State. The State will have no liability to all necessary actions to rectify the (and its contractors and consultants) take RSTtheir operations until (and its contractors and consultants) to suspend RSTnotify and require implemented, then the State may afety measures are not being properly er necessary sbeing complied with, or that traffic control or othperformed in a proper or timely manner, or that environmental laws (or the terms of permits) are not or its contractor. If the State determines (in its sole discretion) that the construction is not being RSTway) at any time and without notice to -of-(including the construction being performed on such rightWay -of-representative retains the right to enter and inspect the Trunk Highway Rightmaintenance The State's District Engineer or assigned. Measures; Suspension of Work; Remedial State Access 2.2. revoking this right of occupancy.(or its contractors or consultants) for RSTThe State will have no liability to terms of applicable permits.construction properly and in a timely manner, and failing to observe applicable environmental laws or rm the with the State, failing to provide adequate traffic control or other safety measures, failing to perfoincludes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) Cause for revoking this right of occupancy revoked by the State at any time, with or without cause.construction, and may be limited to the purpose of constructing the project, and administering such This right is .Project Plansas necessary to perform the work described in the Way-of-Trunk Highway Right(and its contractors and consultants) the right to occupy RSTThe State grants to Limited Right to Occupy. 2.1. Use Way-of-Right 2. Construction within State R/W & Maintenance (Cooperative Agreements) -2- 1055322 MnDOT Contract No.: 105 with RST’s authorized representative.and access scheduling of construction ,Prior to construction, State will coordinate plan reviews ., and subject to FAA review and approvalthe futurefunding becomes available in State as ,C Exhibitaccording to F -snow fences A, Dconstruct as necessary to RST property(and its contractors and consultants) the right to occupy the Stategrants to RST Construction. 6.1. Construction and Maintenance eSnow Fenc State 6. .use of the trunk highwayto MSE retaining wall way if the State determines that there are impacts from the -of-located on State’s rightMSE retaining wall portion of the the State reserves the right to require modification toThe . Modification 5.2 and aesthetically acceptable condition. ,usableincludes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, Maintenance of any retaining wall construction.and ownership Maintenance Retaining Walls. MSE 5.1. following without cost or expense to the State:will provide the RST , projectUpon completion of the RSTMaintenance by 5. This conveyance will be at no cost to RST. . lMSE retaining walthe be occupied by that will B Exhibitidentified in way -of-the portion of State’s right to RST State will convey 4.3 .construction meetings, and depiction of utilities affected by the contractRST will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design 4.2 of the contract construction.and any other permits and sanctions that may be required in connection with the trunk highway portions ,way, easements, construction permits-of-rights, without cost or expense to the State, obtain all will RST 4.1. Permits ; Easements;Way-of-Right 4. contractor to follow local ordinances or to obtain local permits.will not require the RST, Way-of-Trunk Highway Rights 'that portion of work performed on the StateWith respect only to and Local laws, and all applicable ordinances and regulations. ,with all Federal, Statecomply and cause its contractor to comply will RST Regulations. and ,Compliance with Laws, Ordinances 3.4. .of the contract constructionencountered in the performance representative, for unavoidable delays maintenance s authorized'and the State District Engineerofficial RSTcontract construction may be extended, by an exchange of letters between the appropriate The completion date for the the time schedule in the construction contract special provisions. according tocause the contract construction to be started and completed will RST Completion of Construction. 3.3. ."Standard Specifications for Construction"s current 'in the State1609 1601 through and including No. Specifications No. according tobe carried out willcontractor and and its RSTbe on willconstruction contractResponsibility for the control of materials for the B. representatives. maintenance s authorized'be open to inspection by the State District Engineer willcovered under this Agreement State participation constructionprofessional engineer; however, the and under the supervision of a registered RSTbe under the direction of willThe contract construction A. .and Inspection of Construction , 3.2. highway, will flow to, and be enforceable by, the State as the owner of such improvements.A clause stating that any warranties provided by the contractor, for the work performed on the trunk C. Construction within State R/W & Maintenance (Cooperative Agreements) -3- 1055322 MnDOT Contract No.: 106 under this Agreement.maintenance responsibilities covered RSTfrom contracting with a third party to perform RSTprohibit The foregoing does not parties who executed and approved this Agreement, or their successors in office.prior consent of the other party and a written assignment agreement, executed and approved by the same party may assign or transfer any rights or obligations under this Agreement without the No Assignment. 8.1. Assignment; Amendments; Waiver; Contract Complete 8. @flyrst.comkclaussen Mail: -E 2328-282-507 Telephone: 7600 Helgerson Drive SW, Rochester, MN 55902 Address: (or successor) \]Kurt Claussen/Deputy Airport Director Name, Title: Representative will be: Maintenance RST 's Authorized 7.4. andrew.fishbach@state.mn.us Mail: -E 7575-286-507 Telephone: 2900 48th Street, Rochester, MN 55901 Address: Fishbach, Maintenance Supervisor (or successor)Andrew Name, Title: Representative will be:Maintenance The State's Authorized 7.3. @flyrst.comjreed Mail: -E 2328-282-507 Telephone: 7600 Helgerson Drive SW, Rochester, MN 55902 Address: (or successor)John C. Reed/Executive Airport Director Title: Name, s Authorized Representative will be:'RST 7.2. mark.schoenfelder@state.mn.us Mail: -E 0175-286-507 Telephone: 2900 48th Street, Rochester, MN 55901 Address: (or successor) District Engineer, Mark Schoenfelder Title: , Name s Authorized Representative will be:'The State 7.1. and receive any notice or demand required or permitted by this Agreement.Representative is responsible for administering this Agreement and is authorized to give s Authorized'Each party Authorized Representatives 7. aeronautical use.fences located on RST property if RST determines that there are impacts from the snow fence to RST reserves the right to require modification to, including removal of, the snow Modification and Removal.6.3 maintenance activities with RST’s authorized representative.ate will coordinate and schedule Prior to any maintenance activities, St aesthetically acceptable condition.Maintenance includes any activities necessary to perpetuate the fence in a safe, usable, and .Fthru fences Asnow maintain as necessary to RST propertyoccupy enter and contractors and consultants) the right to(and its the Stategrants to . RST Airport perimeter fence will remain property of RSTOwnership of the . that the State will maintain Snow fence C" is a series of slats located on the Airport perimeter fence““Snow Fence C”. except for, State will own and provide maintenance of snow fences A thru F Maintenance. 6.2 Construction within State R/W & Maintenance (Cooperative Agreements) -4- 1055322 MnDOT Contract No.: 107 competent jurisdiction in Ramsey County, Minnesota.proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with Venue for all legal and enforcement of this Agreement. ,Minnesota law governs the validity, interpretation Governing Law; Jurisdiction; Venue 13. or the State. RSTStatutes §13.08 apply to the release of the data referred to in this clause by either under this Agreement. The civil remedies of Minnesota RSTnated by stored, used, maintained, or dissemias it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, RST Government Data Practices 12. Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.and practices relevant to this Agreement are subject to examination by the State and the State Auditor or 's books, records, documents, accounting procedures, RST Under Minnesota Statutes § 16C.05, subdivision 5, State Audits 11. considered part of this Agreement.discrimination are Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and Nondiscrimination 10. contractor.s 'RST may require its contractor to carry insurance to cover claims for damages asserted against RST 9.3. Act.Each party is responsible for its own employees for any claims arising under the Workers Compensation 9.2. .contractor(s) or consultant(s)or its RST s contractor(s) or consultant(s) or by a third party because of an act or omission by 'RSTconnection with the project covered by this Agreement, regardless of whether such claims are asserted by fees), and expenses arising in attorney’sclaims, causes of actions, damages, costs (including reasonable ainst any harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State agwill indemnify, hold RST Notwithstanding the foregoing, .RSTother applicable law govern liability of Minnesota Statutes Chapter 466 and 3.736 and other applicable law govern liability of the State. Statutes §Minnesota and the results thereof. ,omissions of othersbe responsible for the acts, law and will not and the results thereof to the extent authorized by ,Each party is responsible for its own acts, omissions 9.1. Liability; Worker Compensation Claims; Insurance 9. either party.. No other understanding regarding this Agreement, whether written or oral, may be used to bind RSTThis Agreement contains all prior negotiations and agreements between the State and Contract Complete. 8.4. s right to subsequently enforce it.'If a party fails to enforce any provision of this Agreement, that failure does not waive the Waiver. 8.3. their successors in office.been executed and approved by the same parties who executed and approved the original Agreement, or effective until it has Any amendment to this Agreement must be in writing and will not be Amendments. 8.2. Construction within State R/W & Maintenance (Cooperative Agreements) -5- 1055322 MnDOT Contract No.: 108 \[The remainder of this page has been intentionally left blank\] God, labor disputes, acts of war or terrorism, or public health emergencies. s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of 'a partyA force majeure event is an event beyond performance), if such failure or delay is due to a force majeure event.party will be responsible to the other for a failure to perform under this Agreement (or a delay in No Force Majeure 15. and payments authorized through this Agreement. ,Agreement and all work, activities, performancehe State may suspend this tIn the event of a total or partial government shutdown, Suspension. 14.2. .State for insufficient funding as described belowThis Agreement may be terminated by mutual agreement of the parties or by the By Mutual Agreement. 14.1. ; SuspensionTermination 14. Construction within State R/W & Maintenance (Cooperative Agreements) -6- 1055322 MnDOT Contract No.: 109 INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Date: (With Delegated Authority) By: IONER OF ADMINISTRATIONSCOMMIS Date: (State Design Engineer) By: Approved: Date: )District Engineer( By: :alApprovRecommended for DEPARTMENT OF TRANSPORTATION Date: )City Clerk( By: Date: )Mayor( By: CITY OF ROCHESTER Date: )Executive Airport Director( By: or ordinances. ,resolutionsUnit as required by applicable charter provisions, executed this contract on behalf of the Governmental The undersigned certify that they have lawfully L AIRPORTAROCHESTER INTERNATION Construction within State R/W & Maintenance (Cooperative Agreements) -7- 1055322 110 (Title) (Type or Print Name) (Signature) My Commission Expires Notary Public , 20 day of Subscribed and sworn to me this , as shown by the minutes of the meeting in my possession. , day of authorized meeting held on the at an the Rochester City Council I certify that the above Resolution is an accurate copy of the Resolution adopted by CERTIFICATION are authorized to execute the Agreement and any amendments to the Agreement. (Title) and the (Title) IT IS FURTHER RESOLVED that the IONAL AIRPORTTROCHESTER INTERNA are defined in said Agreement., the limits of which and adjacent to Trunk Highway No. ,upon, alongRST To provide for routine maintenance by Minnesota, Department of Transportation for the following purposes:with the State of 1055322 enter into MnDOT Agreement No. Rochester International AirportIT IS RESOLVED that RESOLUTION ROCHESTER INTERNATIONAL AIRPORT 111 Exhibit A 112 Exhibit B 113 114 Exhibit C M 115.tnemegagne?ytinummoc?ro?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.esu?cilbup?dednetni?eht?rof?dedeen?regnol?on?sdnal?rof?ssecorp?detrever?eht?sa?llew?sa?ssec orpnoitisiuqca?ytreporp?eht?seniltuo?noisividbus?etutats?sihT?.etatS?eht?yb?dleh?sdnal?detiefrof-xat?ytreporpeganam?dna?yfissalc?ot?draob?ytnuoc?a?rof?swolla?,1?noisividbuS?,10.282?noitceS?,setutatS? atosenniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.lavomer?dias?gnitseuqer?ytnuoC?detsmlO?ot ?noituloseR?a?edivorp?ot?deriuqer?si?ytiC?eht?,noitcirtser?deedeht?morf?lecrap?tcejbus?eht?gnisaeler?redisnoc?ot?ytnuoC?detsmlO?roF?.etatS?eht?fo?flaheb?no?noitcirtserdeed?desopmi-etats?eht?morf?lecr ap?tcejbus?eht?esaeler?ot?ytirohtua?eht?sah?,srenoissimmoC?fo?draoBsti?hguorht?gnitca?,ytnuoC?detsmlO?.etats?eht?fo?flaheb?no?ytnuoc?eht?nihtiw?detacol?seitreporp?yna?fo?elaseht?seganam?ytnuoC?detsml O?.drawrof?evom?ot?tnempoleved?elbissop?a?gnilbane?osla?elihw?krow?.rDretneC?civiC?erutuf?elbane?lliw?taht?paws?dnal?a?rof?snoitaitogen?retne?ot?elba?eb?lliw?ytiC?eht?,noitcirtserdeed?eht?morf?lecrap ?siht?gnisaeler?yB?.devomer?eb?tsum?yaw-fo-thgir?cilbup?rof?ylevisulcxe?desueb?tsum?lecrap?eht?taht?gnitats?noitcirtser?deed?eht?,lecrap?siht?fo?noitrop?a?refsnart?ot?ytiC?eht?rof?redro?nI?.gnisuoh?y limaf-itlum?gnidulcni?,tnempoleved?rehtruf?rof?ytreporp?s'renwo?eht?htiw?gnola?lecraptcejbus?eht?fo?trap?gnisu?fo?ytilibissop?eht?gnidrager?setammaet?ytiC?htiw?deriuqni?sah?renwo?ytreporptnecajda?nA? .noisnapxe?yawdaor?rof?lecrap?siht?dezilitu?tey?ton?sah?ytiC?eht?tub?,WN?rD?retneC?civiCfo?noisnapxe?erutuf?rof?etatS?eht?morf?lecrap?siht?detseuqer?ytiC?ehT?.)a(I?noisividbuS?10.282?noitceSsetutatS? atosenniM?rep?esu?cilbup?rof?ytiC?eht?ot?elbaliava?edam?saw?dna?detiefrof-xat?ytreporp?sawlecrap?tcejbus?ehT?.)etatS(?atosenniM?fo?etatS?eht?morf?,068500.13.53.47?NIP?,atosenniM?,retsehcoR,11?dna?6?f o?noisividbuseR?s'toillE?,6?kcolB?,2?toL?fo?teef?24?htroN?eht?deriuqca?ytiC?eht?,3002?nI:evitarraN?tropeR.atosenniM?fo?etatS?eht?morf?deeD?sdnaL?detiefroF?fo?ecnayevnoC?eht?ni?dedulcninoitcirtser?esu ?eht?morf?,068500.13.53.47?)NIP(?rebmuN?noitacifitnedI?lecraP?,11?dna?6?fo?noisividbuseRs'toillE?,6?kcolB?,2?toL?fo?teef?24?htroN?eht?esaeler?ytnuoC?detsmlO?taht?gnitseuqer?noituloseR?a?gnitpodA:dets euqeR?noitcA???8.F?noitcirtseR?deeD?esUcilbuP?morf?ytnuoC?detsmlO?yb?lecraP?fo?esaeleR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91 ?tsuguA:ETAD?GNITEE F 116 noitcirtseR?deeD?morF?068500.13.53.47?NIP?fo?esaeleR?gnitseuqeR?-?noituloseR068500.13.53.47?NIP?dnaL?detiefroF?fo?ecnayevnoC?-?deeD068500.13.53.47?NIP?-?paM?noitacoL:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.atosenniM?fo?etatS?eht?yb?ecalpni?tup?snoitcirtser?deed?eht?morf?ytreporp?tcejbus?eht?fo?esaeler?eht? rof?detapicitna?stsoc?on?era?erehT:tcapmI?ecruoseR?&?lacsi S 117 223 204 415 515 915 214 325 124 906 324 360500810500020500006700394810579400659400995700768500779400214810479400600CNU85940066850045940020670067940095940075940029481018497086850056850 0468500268500168500879400559400958500368500314810359400194810106700 lecraP tcejbu 118 RESOLUTION119 Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________.4APPROVED THIS _____ DAY OF ______________________, 202CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ .4202ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFthe State.by ,4, 2003November 1dated the Conveyance of Forfeited Lands Deedthe use restriction imposed by Property from the City requests the Olmsted County Board of Commissioners releases the thatMN, THEREFORE, BE IT RESOLVED, by the Common Council of the City of RochesterNOW, .located in Olmsted Countyforfeited lands -property taxby the State to manage through the authority granted Board of CommissionersCounty Olmsted the Property must be released by the noremoval of the use restriction WHEREAS, housing; andfamily-for multithe Property redeveloped and wishes to see cifically Civic Center Drive NW,spe, posesway pur-of-entire Property for public righter needs thethe City no long, WHEREASand; way use-of-for public rightlyexclusive01282.utes SectionMinnesota Statpursuant to (City)to the City of Rochester(Property) , PIN 74.35.31.005860of 6 and 11Lot 2, Block 6, Elliot’s Resubdivision real property described as the North 42 feet of forfeited-property taxconveyedMinnesota (State). 2003, the State of on November 14, WHEREAS.Restriction Imposed by State of MinnesotaFrom Public Use Deed Olmsted County byRequesting Release of PIN 74.35.31.005860 M 120 pihsdrawetS?latnemnorivnEgniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroirP?.)noitacifilauq-emocni(?sreviR?eerhT?dna?)strepxe?noitacifirtcele(?tnemnorivnE?dna?ygrenE?rof?retneC?eht?edulcnis rentrap?lanoitiddA?.sgnidliub?ylimaf-itlum?dna?ylimaf-elgnis?ni?stcejorp?tiforter?etatilicaf?dna?stnemssessanoitazirehtaew?tcudnoc?yltnerruc?yehT?.rentrap?yramirp?s'ytic?eht?si?cacmeS?,detats?ylsuoiv erp?sA?.deveihca?si?tnarg?eht?fi?gnimmargorp?rehto?rof?elbaliavaeb?ot?sdnuf?GBDC?eht?wolla?lliw?noitca?sihT??.smargorp?baher?emoh?tnerruc?ruo?fo?noisnapxe?denoisivneeht?gnitroppus?,gnidnuf?)GBDC(?tna rG?kcolB?tnempoleveD?ytinummoC?yb?detroppus?eb?retfaereht?dluocelor?eht?,stesnus?tnarg?eht?nehW?.dedrawa?eb?gnidnuf?tnarg?dluohs?elor?siht?fo?noitaerc?eht?ezirohtualicnuoC?eht?gnitseuqer?si?tnempolev eD?ytinummoC?.semoctuo?tnarg?eseht?fo?yreviled?eht?eesrevodluow?taht?elor?reganam?tcejorp/rotanidrooc?baher?a?etaerc?ot?deen?a?si?ereht?,sraey?eerht?rof?raeyrep?stinu?001?evres?ot?ytiliba?detapicitna ?eht?htiW?.stnediser?gniyfilauq-emocni?ot?elbaliava--smargorpbaher?latner?dna?ylimaf-elgnis?gnitsixe?s'ytiC?eht?nopu?dnapxe?ot?dednetni?yllanoitidda?si?tnarg?ehT.snoissime?sag?esuohneerggnicuder?dna? ,sllib?ytilitu?gnirewol?,ytilauq?ria?roodni?gnivorpmi?fo?laog?eht?htiw?,smetsys?CAVHdna?secnailppa?emoh?fo?noitacifirtcele?troppus?dna?,noitalitnev?ecnahne?,noitagitim?nodar?dna?sotsebsaedulcni?ot?ma rgorp?noitazirehtaew?tnerruc?s’cacmeS?sdnapxe?tcejorp?s’retsehcoR?.segnellahc?ecitsujetamilc?dna?latnemnorivne?sserdda?ot?yticapac?ytinummoc?dliub?dna?,ecneiliser?etamilc?ytinummocesaercni?,noitullop ?ecuder?taht?stcejorp?hguorht?seitinummoc?degatnavdasid?tifeneb?ot?seitivitca?ecitsujetamilc?dna?latnemnorivne?sdnuf?tnarg?sihT?.tnarG?egnahC?ytinummoC?)APE(?s’ycnegA?noitcetorPlatnemnorivnE?eht?rof? gniylppa?era?,cacmeS?ycnegA?noitcA?ytinummoC?eht?htiw?pihsrentrap?ni?,ytiC?ehT:evitarraN?tropeR.elor?reganaM?margorP/rotanidrooC?baheR?emit-lluf?a?etaerc?ot?tnarg?eht?fo?noitazilitu?gnizirohtuA?.2dna ?;smargorp?edargpu?ygrene?dna?,noitazirehtaew?gnisuoh?,noitatilibaher?gnisuoh?ytinummocgnitsixe?eht?dnapxe?pleh?ot?tnarG?egnahC?ytinummoC?s'ycnegA?noitcetorP?latnemnorivnEeht?ot?noitacilppa?na?fo?pih srosnops?dna?troppus?s'ytiC?eht?gnigdelwonkca?noituloseR?a?gnitpodA?.1:detseuqeR?noitcA???9.FtnarG?egnahC?ytinummoC?ycnegA?noitcetorPlatnemnorivnE?.S.U?eht?morf?sdnuF?tnarG?gnizilitUnoitisoP?ffatS?yt iC?a?gnitaerC?rof?troppuS?licnuoC NOITCA?ROF?TSEUQER snedE?nyraT:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE P 121 tnarG?egnahC?ytinummoC?rof?ffatS?dna?troppuS?-?noituloseR:stnemhcattA snedE?nyraT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitaredisnoc?tegdub?erutuf ?a?sa?seitiroirprehto?lla?htiw?dehgiew?dna?egakcap?noisiced?a?hguorht?emoc?dluow?siht?,revewoH?.smargorp?baher?latnerdna?ylimaf-elgnis?gnitsixe?ruo?dnapxe?ot?sdnuf?tnarG?kcolB?tnempoleveD?ytinummoC?g nizilitu?noitisopeht?fo?noitaunitnoc?eht?gnidnuf?esoporp?ew?,retfaerehT?.sraey?eerht?rof?elor?siht?dnuf?ot?tnuoma?sihtrof?sdnuf?tnarG?egnahC?ytinummoC?APE?gnikees?era?eW?.007,583$?si?sraey?eerht?rof? elor?siht?rof?tegdubdetamitse?ehT?.000,000,21$?slatot?tnarg?siht?rof?desoporp?stcejorp?suoirav?eht?rof?tegdub?yranimilerp?ehT:tcapmI?ecruoseR?&?lacsiF.snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummo C?&?snoitcA?evitalsigeL?roirP.gnisuoh?elbadroffa?gnirruccoyllarutan?evreserp?ot?tnemssessA?sdeeN?gnisuoH?ytnuoC?detsmlO?0202?eht?htiw?sngila?tcejorp?sihT?.stsoc?ytilitu?gniogno?rewol?ot?syaw?hguorht? ytilibadroffa?gnisuoh?deunitnocstroppus?margorp?sihT?.stnediser?rof?snoitpo?gnisuoh?elbadroffa?dna?esrevid?etomorp?ot?sevirts?ytiC?ehT.stnemssessa?emoh?yhtlaeh?evisneherpmoc?gnipoleved?yb?htlaeH?rof? ytiC?a?gnitroppussedulcni?hcihw?,nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS?s'retsehcoR?stroppus?tcejorp?sihT:tcapmI?IED?&?snoitaredisnoC?ycilo RESOLUTION122Coordinator and Program Manager role if awarded funding.time Rehab -the grant will be utilized to create a fullBE IT FURTHER RESOLVED that eatherization, and energy upgrade programs.housing wProtection Agency to use for the expansion of existing community housing rehabilitation, supports the sponsorship of an application for grant funds from the Environmental MN, EREFORE, BE IT RESOLVED, by the Common Council of the City of RochesterNOW, THan envisioned expansion of our current home rehab programs.Community Development Block Grant and Economic Vitality funding thereafter to support WHEREAS After the three year sunset of the grant, the role could be supported by unding is awarding.of a Rehab Coordinator/Project Manager role, if grant fWHEREAS, Community Development is requesting the City Council authorize the creation available to income qualifying residents.--family and rental rehab programs-expand upon the City's existing singleWHEREAS, The grant is additionally intended to rehab, home weatherization, and energy upgrades. the Grant is intended to support existing community partner work around home WHEREAS, ; andChange Grantis preparing a grant application for the Community The City of RochesterWHEREAS, Environmental Protection Agency Community Change Grant.Council Support for Creating City Staff Position Utilizing Grant Funds from the U.S. PASSED AND ADOPTED BYTHE COMMON COUNCIL OF THE CITY OF123 Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. M 124 rehtie?esu?ot?noitcurtsnoc?wen?fo?renwo?ytreporp?eht?gniwolla?yB?.ezis?ylimaf?rof?detsujda?,emocninaidem?aera?eht?fo?%06?gnikam?emocni?s'dlohesuoh?a?fo?%03?naht?erom?on"?fo?egaugnal?eht?edulcnI :swollof?sa?si?noitcurtsnoc?wen?rof?gnitseuqerera?ew?noitacifidom?ehT?.ytilibixelf?retaerg?wolla?ot?noitcurtsnoc?wen?rof?smumixam?tner?eht?yfidomot?noitacifidom?laitnatsbus?tsom?eht?htiw?,senilediug? margorp?eht?ot?stide?ronim?a?gnitseuqer?era?eW?.stinu?gnisuoh?005?revo?fo?ytilibadroffa?eht?evreserp?ot?desu?neeb?sah?loot?siht?,yllacoLsraey?01?si?tnemeerga?eht?fo?noitarud?ehT.tnuocca?evreser?tneme calper?s'ytreporp?eht?ot?sesaercni?ro?,noitazilibats?tner?,ytreporp?ehtot?stnemevorpmi?,ytiruces?ytreporp?,ecnanetniam?ytreporp?rof?desu?eb?tsum?sgnivas?xat?ytreporPsexat?ytreporp?decuder?eht?syap?re nwo?ytreporp?eht?,raey?xat?txen?eht?ni?gnitratShcraM?ni?raey?hcae?etats?eht?ot?dettimbus?si?tnemeerga?ehTtnemeerga?na?otni?retne?reganaM/renwO?ytreporP?eht?dna?ytnuoC?detsmlOdoirep?raey-01?eht?rof?yl launna?ssel?ro?%6?ot?sesaercni?tner?timil?ot?seerga?renwo?ytreporPsrehcuoV?eciohC?gnisuoH?tpecca?ot?seerga?renwo?ytreporPtnemeerga?ehtfo?mret?raey-01?eht?rof?)rewol?si?revehcihw(?)DUH(?tnempoleveD?na brU?dna?gnisuoH?yb?yllaunnadehsilbup?sa?stner?)IMA(?emocnI?naideM?aerA?%06?eht?ro?margorP?rehcuoV?eciohC?gnisuoHeht?rof?dradnatS?tnemyaP?ytnuoC?detsmlO?eht?rehtie?ta?stner?rieht?pac?ot?seerga?renwo?y treporPyraurbeF?ot?rebmevoN?morf?yllaunna?nekat?era?snoitacilppA?margorp?eht?rof?seilppa?renwo?ytreporP:swollof?sa?detarepo?si?margorp?ehT??.%08?yletamixorppa?fo?sexat?ytreporp?rieht?ni?noitcuder?a?e es?noitacifissalc?xat?ytreporp?)d(4a?htiw?srenwo?ytreporP?.gnisuoh?elbadroffa?fo?noitavreserp?dna?noitaerc?eht?ezivitnecni?ot?noitacifissalcxat?ytreporp?)d(4?eht?esu?ot?si?margorp?eht?fo?esoprup?ehT? .ytnuoC?detsmlO?dna?ytiC?eht?neewteb?0202ni?pihsrentrap?a?sa?detaerc?saw?margorP?evitnecnI?gnisuoH?elbadroffA?ytnuoC?detsmlO-retsehcoR?ehT:evitarraN?tropeR.ytilibixelfretaerg?wolla?ot?noitcurtsnoc?we n?rof?smumixam?tner?gnidulcni?,margorP?evitnecnI?noitacifissalCxaT?)d(4?gnisuoH?elbadroffA?ytnuoC?detsmlO-retsehcoR?eht?ot?snoitacifidom?ronim?gnizirohtuA:detseuqeR?noitcA???01.FmargorPevitnecnI?noit acifissalC?xaT?)d(4?gnisuoH?elbadroffAytnuoC?detsmlO-retsehcoR?eht?ot?etadpU?4202 NOITCA?ROF?TSEUQER snedE?nyraT:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,91?t suguA:ETAD?GNITEE g 125 ediuG?margorP?evitnecnInoitacifissalC?xaT?)d(4?gnisuoH?elbadroffA?ytnuoC?detsmlO-retsehcoR?5202-4202?ot?segnahC?-?tibihxEmargorP?evitnecnInoitacifissalC?xaT?)d(4?gnisuoH?elbadroffA?ytnuoC?detsm lO-retsehcoR?-?ediuG?margorP?52-4202:stnemhcattA snedE?nyraT:yB?deraperP.emit?siht?ta?desoporp?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.rucco?dluownoitacollaer?xat?fo?000,66$?taht?oiranecs?ev oba?eht?ni?detamitse?s’ti?,suhT?.%33?eb?ot?detamitse?era?sexatytreporp?fo?noitrop?s’ytiC?eht?,ytreporp?laicremmoc?ro?laitnediser?a?fo?noitacifissalc?eht?no?gnidnepeD.tcirtsiD?loohcS?eht?dna?,ytnuoC?d etsmlO?,ytiC?eht?rof?ylevitcelloc?ruccodluow?eunever?xat?ni?000,002$?yletamixorppa?fo?noitacollaer?xat?a?,2202?ni?no?thguorb?erew?stinu?051lanoitidda?na?fI?.raey?rep?tinu?rep?433,1$?tuoba?fo?noitcude r?xat?ytreporp?a?ees?dluow?tinu?a?,egareva?nO:tcapmI?ecruoseR?&?lacsiF gnisuoH?rof?sevitnecnI?tnempoleveD?cimonocE??-?gniteeM?licnuoC?:4202?,62?yraurbeF)noitacifissalC?xaT?d4(margorP?noitavreserP?gni suoH?elbadroffA?ot?segnahC?fo?lavorppA?-?gniteeM?licnuoC?:1202?,81?rebotcO)noitacifissalCxaT?d4(?margorP?noitavreserP?gnisuoH?elbadroffA?eht?fo?lavorppA?-?gniteeM?licnuoC?:9102?,12?rebotcO:tnemegagnE ?ytinummoC?&?snoitcA?evitalsigeL?roirP.stner?elbadroffa?niatniam?ot?sesoprup?rof?seitreporplatner?ot?sgnivas?xat?ytreporp?edivorp?ot?si?noitnetni?s'margorp?sihT?.gnisuoH?elbadroffA?gnirruccOyllarutaN ?evreserp?ot?ytiroirp?tnemssessA?sdeeN?gnisuoH?ytnuoC?detsmlO?eht?htiw?sngila?ti?,yllanoitiddA?.emocnI?naideM?aerA?eht?fo?%06?gninrae?sdlohesuohro?,srehcuoV?eciohC?gnisuoH?htiw?esoht?ot?elbadroffa?st ner?reffo?ohw?seitreporp?latner?sevres?tI?.gnivilelbadroffa?edivorp?ot?ytiroirp?s'licnuoC?eht?htiw?sngila?margorP?noitavreserP?gnisuoH?elbadroffA?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroirP".stcejorp?noitcurtsnoc?wen?emos?rof?elbaiv?yllacimonoce?eb?yam?margorp?)d(4?eht?,stner?rof?enilediu 126 2025-2024 Incentive Program4(d) Affordable Housing County Olmsted-Rochester 2 127 income housing property must use the property -Owners of 4d lowsubd. 25(e) and (f).Incentive Program, are eligible for 4d tax classification under Minnesota Statutes 273.13, Housing Affordable 4(d) County Olmsted-Rochester the enrolled those includingproperties, rental income-low qualifying those provides 273.128 Statute Minnesota year period.-keep the property affordable for a to agrees owner property the reduction, tax the for return 1.25%. classificationapproximately an 80% reduction from the general multifamily housing tax rate Properties taxed under the 4(d)1 classification are at the .25%, rate which is application will not be realized until the Tax Payable Year 2025. savings for thisTax Payable Year 2025, the tax -application is for the Tax Assessment Year 2024 Olmsted County 4(d) Affordable Housing Incentive Program -current RochesterThe credits, revenue bonds or some other MN Housing program funding assistance.These properties typically involve a subsidy such as tax placed on the properties.and the list is sent to the County Assessors so that the 4(d) tax classification can be basis, yearly a Housing identified are properties qualifying class tax 4(d) The recorded against the property.State of Minnesota, or a local unit of government as evidenced by a document rental housing property by the federal government, the assistance provided to the Units are subject to rent and income restrictions under the terms of financial ➢ Section 521(a) of the Housing Act of 1949 as amended; orto pursuant program assistance rental the under payments receive and Agriculturalof Department States United the Service Housing Rural the financed are Units ➢ Code of 1986 as amended;housing project receiving tax credits under section 42(g) of the Internal Revenue income -restricted units of a qualified low-restricted and income-Units are rent ➢ United States Housing Act of 1937 as amended;Units are subject to a housing assistance payment contract under Section 8 of the ➢ least 20% of the rental housing property meets any of the following qualifications:classification as 4(d) property if at income rental property is entitled to valuation and -Low Classification? Tax Property 4(d) the What application materials.To participate in the program, please visit olmstedcountyhousing.com for March. -February and are due to OCHRA middocuments for eligible properties are sent in Enrollment applications are accepted annually between November and January.and staff OCHRA administered program The (OCHRA). Authority RedevelopmentCounty, and the Olmsted County Housing and among the City of Rochester, Olmsted partnership a program Incentive Housing Affordable County Olmsted-Rochester The Guidance Program 3 128 is allowable if the rent for the unit is below the rent limit.increase rent larger a over, turns unit the designee. their Director Housing Authority6% annually, unless approved by the Olmsted County Housing and Redevelopment to units enrolled tenants current for increases rent cap agree must owner property The Increases Rent Annual These amounts are set annually by HUD. Urban Development (HUD).and Housing Department States United the determined size, family for adjustedMaximum ongoing rents for enrolled units must not exceed 30% of 60% of the AMI, Addendum 2 will be annually updated to show maximum rents for enrolled units. whichever is lower.Choice Voucher Program or 30% of 60% of Area Median Income (AMI), the Housing for Rents Standard Payment the below must program the enroll applyingAt application, contract rent for units enroll in the program for each calendar year.Addendum 1 will be annually updated to show maximum rents for units applying to Limits Rent rental increases.for this reduced tax bill, the property owner will agree to restrict their rents and annual In return property tax bill reduced. see their wish to with property owners who mannervoluntary a classification tax property 4(d)1 the utilize program this intent The Preservation ToolHousing a Classification Tax Property 4(d) the Using unit per savings Annual $1,334 unit per tax Annual $333 = 0.2 * $1,667 unit -non per tax Annual $1,667 = units / taxes $50,000 $40,000 annually depending on the number of participating units. -between $8,000 save would owner The classification. tax 4(d)1 the under program, 4(d) the unit eachproperty tax bill would save $111/ month for A 30 unit building with a $50,000 annual an example for illustration:is below savings, potential the explore individually encouraged are owners Property reserve account. ’s security, improvements to the property, rent stabilization, or increases to the propertyto either provide property maintenance, property classificationtax savings from the 4 129 These amounts .for the Rochester, MN HUD Metro FMR Area Urban Development (HUD)and Housing Department States United the determined size, family for adjusted 60% of Area Median Income below must program the enroll units applyingfor sAt application, contract applying to enroll in the program for each calendar year.for units household income will be annually updated to show maximum 3Addendum Limits Household Income annual rental increases.to cap and household incomeaffordable units by contracts for return for this reduced tax bill, the property owner will agree to restrict In .on those designated unitsproperty tax bill achieve a reduced (AMI), for ten years ian Income of Area Med or below building units affordable to households making 60%e to keep a minimum of 20% of their agre whodevelopers and builders ow available for nis program the materials, and labor, landsignificant rise in construction costs including In recognition of the provide a minimum percentage of affordability. that projects 4(d) program is to support new construction development A secondary goal of the CreationHousing Affordable ivizeIncent Classification Tax Property 4(d) the Using form of payment. a Vouchers Choice Housing accept agree mustthat has applied as a Housing Preservation Tool program the participant Any Vouchers Choice Housing agreement must be passed on to the new property owner.the time, that during sold property the years. for effect will agreement The Agreement the Term occupancy. annually updated to show updated income requirements at initialAddendum 3 will be affordable units will not violate the program requirements.income, adjusted for household size. Thereafter, increased incomes of tenants in occupancy by the property manager and must be at or below 60% area median initial upon determined tenants for qualification income turnover, units qualified.income not need rents compliant program have that units tenants Existing Tenants Eligible for units included in the program.applicable only reduction tax The restricted. are units the more 20% programA property may be included in the program must be at or below program rent limits.the enroll applying Units program. the for eligible Certificate Registration HousingAny multifamily property with four (4) or more units that has a valid City of Rochester properties Eligible 5 130 Compliance Program application and renewal fees will be the responsibility of the property owner.In subsequent years, the participation, the application fee will be paid by OCHRA.For the first year of program MN Housing charges a $10 per unit application fee. Incentive program will be accepted between November through January.Housing Affordable County Olmsted-Rochester the participation for Applications Applications Program .affordable unit creation under the program new required for NOTis encouraged but Vouchers Choice Housingance of cceptA Vouchers Choice Housing agreement must be passed on to the new property owner.the time, that during sold property the years. for effect will agreement The Agreement the Term occupancy. Addendum 3 will be annually updated to show updated income requirements at initial program requirements.size. Thereafter, increased incomes of tenants in affordable units will not violate the manager and must be at or below 60% area median income, adjusted for household initial occupancy by the property upon determined tenants for qualification ncomeI Tenants Eligible in the program. enrolled for units applicable only reduction tax The restricted. are units the more 20% programA property may be included in the below program rent limits.program must be at or the enroll applying Units program. the for eligible Certificate Registration HousingAny multifamily property with four (4) or more units that has a valid City of Rochester properties Eligible unit is below the rent limit.is allowable if the rent for the increase rent larger a over, turns unit the designee. their Director Housing Authorityto 6% annually, unless approved by the Olmsted County Housing and Redevelopment units enrolled tenants current for increases rent cap agree must owner property The Increases Rent Annual are set annually by HUD. 6 131 Property owner will pay a $500 annual fine to OCHRA for each unit that is o and/or over the 6% annual increase limit.limit AMI 60% the over tenant the paid rent any refund must owner Property o compliance unit(s) for the following year.of out the status LIRC claim able not will owner property The o compliance out are that units has property a that year nd 2 the For • be submitted to 4(d) program staff.Copies of this letter must letter must specify the amount of rent returned.The and the tenant stating that the rent has been returned to the tenant.owner property the both signed letter a provide must owner property TheAMI rent limit and/or over the 6% annual increase limit, back to the tenant. The property owner must refund any rent paid by the tenant over the 60% o compliance unit(s) for the following year.of out the rate, tax 14(d) the known also status, (LIRC) ClassificationThe property owner will not be able to claim the Low Income Rental o compliance out are that units has property a that year st 1 the For • showing the new rent for that unit.provide an updated rent and income spreadsheet back into compliance, and come overcharges rent any refund rent, the lower required owner Property • year without turning over a new tenant.one than more increases limit income median area 60% the over Rent Compliance Out or more eligible uses in the prior year.for one were used the property tax savings the Housing Finance Agency that certify toand reapply annually must owner property the classification, tax 4(d)1 the maintain account. reserve replacement property's the Increases • stabilization. Rent • property the Improvements • security Property • maintenance Property • from the 4(d)1 classification for one or more of the following eligible uses:use the property tax savings received must section this under classification 4(d)1 a certified property a owner Theone or more eligible use(s). tax Savings were used on for one or more eligible use(s); and provide a narrative describing how the Property ax Savings in the prior assessment year were used Certify that all Property TCHRA.ORegistration Certificate for the property with enrolled 4(d) units must be submitted to addition to submitting the Annual Compliance form, a valid City of Rochester Housing In of participation, this time period will be the date of your declaration through 12/31.year first the For year. taxable the for activity all reflect should form Compliance AnnualThe Annual Compliance form. OCHRA will review this document for completion.Verified income and monthly rent charged for 4(d) units must be recorded on the 7 132 requirements of the program guidelines.4d program per the minimum the remain must building the units 20% least circumstances all Under • down fee.-an early optpaying without years 5 after units number the reduce can owner property The • described in the declaration.the 5 year period as to prior declaration the from removed units applies fee down-opt early This • note the following:Please program. the from removed unit per fee down-opt $2,000 a pay they program down” for any units enrolled in the 4d -“early opt A property owner can also choose an affordable units) in the program.20% commitment (minimum participation level required than higher a for optedProperty owners can reduce the number of units in the 4d program if they originally Commitments Program Modifications question. property units the for status LIRC loss permanent temporary a resultproperty not having a valid City of Rochester Housing Registration Certificate, etc.) may the e.g.,All other violations of program requirements not specifically described above ( short term rental activity.place at a property, the owner cannot claim LIRC status for units with subleasing or takes activity rental term short verification, income without subletting unit a • in and is reported on OCHRA’s annual 4(d) compliance form.-verified prior to movemay facilitate a subleasing arrangement as long as the income of the sublessee is property the owner the However, allowed. not are tenants arranged Subleases • allowed. not are units program 4(d) days) than (less rentals term Short • rentals term short and Subletting will be due within 30 days of the notice of a fine.annually after compliance reports are submitted on January 31, and fines assessed will Fines unit. that into moves tenant eligible income untilProperty owner must pay a $500 annual fine for each out of compliance o units. compliance out status LIRC claim cannot owner Property o out of complianceare that units has property a that years, additional any for and year, 2nd the For • any year on that unit until an eligible tenant moves into the unit.for status LIRC claim cannot and year application next the units compliancenot be able to claim LIRC status on any out of Property owner will compliance out are that units has property a that year 1st the For o income qualify.to required not are declaration date effective the before place tenants all that noteincome tenant: a tenant moves in with an income over the 60% AMI limit. Please -Over of compliance.out are that units has property a that year nd 2 the starting compliance out 8 133 in the property.unit a occupies household the long for effect remains statement disclosure Thecomplete the 4(d) Government Data Practices Act Disclosure Statement at application. All adult applicants that are applying to units that receive the 4(d) tax reduction must Statement Disclosure Act Practices Data Government 4(d) 9 134 $2,640 $2,140 $1,775 $1,260 $1,015 $895 Bedroom 5 Bedroom 4 Bedroom 3 Bedroom 2 Bedroom 1 Bedroom 0 2025-2024 Year Program Application Rents Maximum 1 Addendum 10 135 adjusted for family size.AMI, the of 60% of 30% exceed not units enrolled for rents ongoing Maximum $2,196 $2,053 $1,912 $1,770 $1,525 $1,416 $1,239 Person 7 Person 6 Person 5 Person 4 Person 3 Person 2 Household1 Person 6/15/2023 Effective- - Program Units Enrolled for Rents Maximum 2 Addendum 11 136 (AMI). Income Median the of 60% $87,840 $82,140 $76,500 $70,800 $63,270 $56,640 $49,560 Person 7 Person 6 Person 5 Person4 Person 3 Person 2 Household1 Person 6/15/2023 Effective- - Program Occupancy Initial at Units Enrolled in Tenants for Income Maximum 3 Addendum 137 2025-2024 Changes Incentive Program4(d) Affordable Housing County Olmsted-Rochester 2 138 lassification properties. me housing cinco-qualifying lowfor all current 4d title yrogetac wen is aproperty, which Reference to 4d(1) - Housing and Redevelopment Authority Housing Director or the designee. Rent increases can exceed 6% annually, if approved by the Olmsted County - the U.S. Department of Housing and Urban Development (HUD). for ten years. Household income limits will be updated annually per (AMI) or below,20% of their building units to households earning 60% of the Area Median Income This includes eligibility through accepting Housing Choice Vouchers or dedicating Program creates a pathway to use for housing preservation or new construction. - reserve account. improvements to the property, rent stabilization, or increases to the property’s the classification to either provide property maintenance, property security, income housing property must use the property tax savings from -Owners of 4d lowSpecific language on how 4d property tax savings can be applied is explicitly stated: - After: ally. gram holisticReference to 4d as a pro - Rent increases were capped at 6% annually. - had to agree to accept Housing Choice Vouchers. Program only served existing property as a housing preservation tool. Participants - Specific language on how 4d property tax savings eligible uses not explicitly stated. - Before: 3 139 M 140 rof?noisiv?raey-02?a?decudorp?nalP?evisneherpmoC?0402?retsehcoR?deeccuS?2?gninnalP?eht?fo?noitaretignitsixe?ehT?.noisiv?taht?eveihca?ot?dedeen?snoitca?dna?,seicilop?,slaog?cificeps?eht?tuo?tes? ot?dna0402?raey?eht?hguorht?noisiv?ytinummoc?a?etalucitra?ot?si?nalP?evisneherpmoC?s'ytiC?eht?fo?esoprup?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoit adnuoF?&?seitiroirP.htworg?cigetartsdna?sseccus?deunitnoc?rof?ytiC?eht?noitisop?retteb?lliw?snoitaredisnoc?gninnalp?nabru?tnatropmi?esehtfo?noitaulave?ehT?.secrof?gnigreme?dna?,tnempoleved?esu-dexim? ,setis?lairtsudni?gnidulcni?,scipot?esudnal?lacitirc?gnitaulave?nigeb?ot?kneM?&?notloB?wolla?lliw?kroW?fo?epocS?gniynapmocca?dna?tcartnoC?ehT?.evlove?sdnert?ecalpkrow?dna,elytsefil?,ecalptekram?eht?n i?segnahc?sa?,slaog?detats?s'nalp?eht?gniveihca?ot?resolc?gnivom?si?ytinummoceht?rehtehw?yfitnedi?ytiC?eht?pleh?lliw?tnemeerga?siht?hguorht?dedivorp?secivres?ehT?.sraey?evifyreve?ytiC?eht?yb?detelpmo c?eb?dluohs?nalP?evisneherpmoC?eht?fo?etadpu?dna?noitaulave?nA?.snoitcadna?,seicilop?,slaog?cificeps?gniveihca?rof?snoitulos?evitanretla?fo?noitaredisnoc?dna?,tupni?ytinummoc,sisylana?atad?,hcraeser? tnacifingis?ni?tsissa?lliw?secivres?lanoisseforp?ehT?.etadpU?raeY-eviF?)0402?S2P(0402?nalP?evisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?eht?rof?sdib?fo?noitaticilos?gnidnopserroceht?dna?)PFR(?slasopor P?rof?tseuqeR?a?fo?esaeler?dezirohtua?licnuoC?eht?,4202?,4?hcraM?nO???.seitilaer?wen?htiw?ecap?peek?ot?sraeyevif?yreve?detadpu?eb?dluohs?nalP?evisneherpmoC?eht?,epacsdnal?gnivlove-reve?na?fo?tnemegde lwonkcanI?.emit?fo?doirep?trohs?a?ni?egnahc?yllacitsard?nac?sdnert?ecalpkrow?dna?,elytsefil?,ecalptekrameht?ni?segnahc?,retnec?lanoiger?evitavonni?dna?gniworg?yna?htiw?detcepxe?eb?nac?sa?,revewoH?.sn oitulosfo?yteirav?a?fo?noitaredisnoc?dna?,tupni?ytinummoc?,sisylana?atad?,hcraeser?tnacifingis?ni?dednuorgsaw?nalp?sihT?.0402?deeccuS?ot?gninnalP?,nalP?evisneherpmoC?wen?a?detpoda?ytiC?eht?,8102?fo?l irpA?nI:evitarraN?tropeR.0402?retsehcoR)S2P(?deeccuS?2?gninnalP?,nalP?evisneherpmoC?s'retsehcoR?fo?ytiC?eht?etadpu?ot?726,16$?deecxeot?ton?tnuoma?na?ni?kneM?&?notloB?htiw?tnemeerga?secivres?lanoissef orp?a?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???11.F0402?retsehcoR?)S2P(?deeccuS?2?gninnalP?,nalPevisneherpmoC?eht?gnitadpU?ot?detaleR?secivreSlanoisseforP?rof?kneM?&?notloB?htiw?tnemeergA NOITCA?ROF?TSEUQER drawdooW?enerI:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE t 141 0402?retsehcoR?)S2P(?deeccuS?2?gninnalP,nalP?evisneherpmoC?eht?gnitadpU?ot?detaleR?secivreS?lanoisseforP?kneM?&?notloB?-?kroW?fo?epocS0402?retsehcoR?)S2P(?deeccuS?2?gninnalP,nalP?evisneherpmoC? eht?gnitadpU?ot?detaleR?secivreS?lanoisseforP?kneM?&?notloB?-?tnemeergA:stnemhcattA retaP?esaJ:yB?deraperP.emit?siht?ta?dednemmocer?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.tcejorp?siht?no?726, 16$?gnidneps?gnitapicitna?si?ytiC?ehT:tcapmI?ecruoseR?&?lacsiF)0402?S2P(?nalP?evisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?eht?etadpu?ot?secivres?lanoisseforp?rof)PFR(?slasoporP?rof?tseuqeR?eht?rof?sd ib?fo?noitaticilos?eht?dezirohtuA?-?gniteeM?licnuoC?:4202?,4?hcraMetadpU?raeY-eviF?)0402?S2P(?0402?nalPevisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?no?noitatneserP?-?noisseS?ydutS?:4202?,62?yraurbeF)0 402?S2P(0402?nalP?evisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?fo?noitpodA?-?gniteeM?licnuoC?:8102?,61?lirpA)0402?S2P(?0402?nalPevisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?no?gniraeH?cilbuP?-?gniteeM? licnuoC?:8102?,61?lirpA)0402?S2P(?0402nalP?evisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?no?gniraeH?cilbuP?-?gniteeM?licnuoC?:8102?,2?lirpA)0402?S2P(?0402?nalPevisneherpmoC?retsehcoR?:deeccuS?2?gninnal P?no?gniraeH?cilbuP?-?gniteeM?licnuoC?:8102?,12?yraurbeF)0402?S2P(?0402?nalPevisneherpmoC?retsehcoR?:deeccuS?2?gninnalP?no?gniraeH?cilbuP?-?gniteeM?licnuoC?:8102?,3?yraunaJ:tnemegagnE?ytinummoC?&?sno itcA?evitalsigeL?roirP.nalp?eht?fo?seicilop?dna?slaog?eht?tnemelpmi?ot?yltnegilid?dekrow?evah?srebmemytinummoc?dna?,slaiciffo?detcele?,setammaet?ytiC?,8102?ni?noitpoda?sti?ecniS?.htworg?elbaniatsusdn a?deunitnoc?erusne?ot?noitatropsnart?dna?esu?dnal?fo?noitargetni?eht?no?desucof?taht?ytiC?eh Master Professional Services Agreement142Agreement and shall continue until deliverables are completed and accepted by the . Term. The term of this Agreement shall commence on the date of this Article 5basis of the disputed portion. Both parties agree to resolve disputes promptly. portion within 30 days of the due date. The City will notify the Consultant in writing of the of the City. If a portion of the invoice is disputed, the City agrees to pay the undisputed City under this Agreement shall not exceed said amounts without prior written consent indicated by the SOW, contingent upon the City’s approval of the proposal. Payment by . Payment. City agrees to pay for performance of the above services as Article 4travel expenses in accordance with City policy. effect at the time the SOW is executed until project completion. City will reimburse for as amended and approved by the City. Compensation is limited to the rate schedule in proposal, billed in accordance with Exhibit C, Hourly Rate and Reimbursable Schedule, an amount equal to the actual hours of service furnished in accordance with the . Compensation. Upon submission of monthly invoices, City agrees to pay Article 3authorized representatives of the City and Consultant. upon execution of a mutually acceptable amendment or Change Order signed by make changes to the SOW, with an equitable change in compensation and schedule, executed SOW, or written notice from City to proceed. The City reserves the right to Consultant will be authorized to begin the SOW upon issuance of a purchase order, expectation and shall be subject to the terms and conditions of this Agreement. The services required, a schedule of Deliverables, a project timeframe, compensation referred to asthe "SOW"). Each SOW shall include a detailed description of the Agreement shall be described in separately authorized Statements of Work (hereinafter . Scope of Services. The scope of services required under this Article 2more projects for the City. . Project Description. City desires to engage the Consultant in one or Article 1THEREFORE, the parties hereto agree as follows:described in this Agreement. and agrees to performall services ,appropriately licensed in the State of MinnesotaConsultant has expressed its willingness to perform said work, is ,WHEREASterms and conditions contained herein, and WHEREAS, City desires to engage the services of Consultant according to the Bolton & Menk, Inc, aMinnesota Business Corporation,hereinafter called "Consultant". Rochester, Minnesota, a Minnesota Municipal Corporation, hereinafter called "City", andTHIS AGREEMENT made this__ day of ____ , 20___ by and between the City of City. The Agreement shall automatically renew on an annual basis until such time as 143endorsed as additional insured.advertising injury, and contractually assumed liability. The City shall be premises, operations, products-completed operations, personal injury, $2,000,000 annual aggregate. The policy shall cover liability arising from Liability insurance in a minimum amount of $1,000,000 per occurrence; General Liability. The Consultant agrees to maintain Commercial General b.A 30-day notice of cancellation and/or non-renewal.a.following: prior to work commencing on said project. Each of said certificates shall provide the Agreement is consummated between the parties, evidencing such insurance coverage Consultant shall furnish City with an insurance certificate orcertificates at the time the before Consultant undertakes any work under this Agreement and shall remain in full and limits of insurance coverage. All policies called for hereinshall become effective . Insurance. The Consultant shall obtain the following described types Article 9and conditions of this Article shall survive.in this Agreement, or if this Agreement is terminated for any reason, the terms a. Survival. Upon completion of all services, obligations, and duties provided for by each party in proportion to its own negligence. or concurrent negligence of Consultant, its subcontractors, and City, they shall be borne claims, losses, damages, or expenses are caused by its negligent acts, errors, or claims, losses, damages, and expenses including attorney’s fees to the extent such harmless each other, its agents and employees, from and against legal liability for all . Indemnification. Consultant and City each agree to indemnify, and hold Article 8such claims shall be the sole obligation or responsibility of Consultant. benefits, social security coverage, or retirement membership or credit, and any and all Agreement shall not be considered employees of City for any purpose whatsoever, Consultant in the performance of any work or services required or provided for in this Consultant for purposes of this Agreement and any and all persons employed by . Independent Consultant. Consultant is deemed an independent Article 7codes applicable to the services to be performed under this Agreement. all applicable federal, state, county, and municipal laws, ordinances, regulations and . Compliance with Appropriate Regulations. Consultant shall comply with Article 6either party has terminated the agreement per Article 10 of the agreement. c.144seven business days thereafter. If this Agreement is so terminated, City shall such notice in the U.S. Mail addressed to Consultant and cancellation shall take effect business days written notice to Consultant. Notice shall be effective upon depositing time it deems to be in the best interest of City to do so upon the giving of seven . Termination. City reserves the right to terminate this Agreement at any Article 10Rochester, MN 55904-3781Street SE th 201 4Acting Through Community DevelopmentCity of Rochester includes all coverage required and named as follows:Insurance Guide) eligible to do business in the state of Minnesota, which Certificate of Insurance issued by a company (rated A-or better by Best of aThe Consultant shall provide, evidence of the required insurance in the form g.arising out of Consultant’s performance under this Agreement.valid and collectible insurance available to the City with respect to any claim The Consultant’s insurance policies shall be primary insurance to any other f.obtained by the Consultant to fulfill this requirement.insurance is discontinued, extended reporting period coverage must be period of at least three (3) years, following completion of the Work. If such date of this Agreement and the Consultant shall maintain such insurance for a retroactive or prior acts date of such coverage shall not be after the effective limits: $1,000,000 per occurrence; 1,000,000 annual aggregate. The this Agreement. The Consultant is required to carry the following minimum error, or omission related to Consultant’s professional services required under legally obligated to pay resulting from any actual or alleged negligent act, professional liability insurance for all claims the Consultant may become Professional Liability (Errors and Omissions). The Consultant will maintain e.$500,000 –Bodily Injury by Accident•$500,000 –Bodily Injury by Disease aggregate•$500,000 –Bodily Injury by Disease per employee•carry Employers’ Liability Coverage with minimum limits are as follows: statutory requirements of theState of Colorado. The Consultant shall also Compensation insurance for all its employees in accordance with the Workers’ Compensation. The Consultant agrees to provide Workers’ d.minimum liability limit of $1,000,000, combined single limit.insurance, including owned, hired, and non-owned automobiles, with a the Work the Consultant shallmaintain commercial automobile liability Automobile Liability. If the Consultant operates a motor vehicle in performing compensate and reimburse Consultant according to the terms hereof to the date of such 145County, Minnesota. the State of Minnesota. Venue for all legal proceedings arising out of this Agreement . Governing Law. This Agreement shall be governed by the laws of Article 14Practices Act in performing the work covered by this Agreement. subd. 11(a), Consultant agrees to comply with the Minnesota Government Data court, government body or state law. As required by Minnesota Statutes, Section 13.05, to make such disclosure; and (d) any information that a party is required to disclose by a disclosed to a party by a third party who has legitimate possession thereof and the right into the public domain through no fault of the other party; (c) any information which is was in the public domain prior to disclosure by a party to the other party, or that comes this Agreement: (a) any information that a party can demonstrate was in its legitimate foregoing, the following will not be considered Confidential Information for purposes of Information, regardless of whether it isso marked or identified. Notwithstanding the customers. All such information about a party will be presumed to be Confidential samples, blue prints, know-how, business plans, financing, agents, suppliers and pricing, technology, prototypes, plans, drawings, designs, configurations, models, including trade secret information about processes, methods, products, systems, information not generally known to outside persons, which is proprietary to the party, if such persons agree to maintain its confidentiality. “Confidential Information” means Information to anyone other than its employees on a need-to-know basis, and only then party’s Confidential Information for its own use or disclose the other party’s Confidential Information, as defined below, strictly confidential, and not to appropriate the other . Confidentiality. Each party agrees to keep the other party’s Confidential Article 13use this final product for marketing purposes. this contract will be the property of the City, however the Consultant will be allowed to at City’s sole risk and without legal exposure to Consultant. All completed work through written verification or adaptation by Consultant for the specific purpose intended will be Planning Department and City of Rochester. Any reuse of such documents without deliver to City the original and revised versions of all drawings, specifications, and other City. Upon completion of these services to be performed hereunder, Consultant shall services performed pursuant to this Agreement shall be and remain the sole property of specifications, and other data compilations developed or created as a result of the . Disposition of Documents. It is agreed that any reports, drawings, Article 12assigned to any other party without the prior written consent of City. . Assignability. No part of this Agreement nor any SOW shall be Article 11termination. Article 15146resolved by mediation may be the subject of legal or equitable proceedings filed by Mediation Act, Minn. Stat. 572.31, et., seq. Any claim, controversy or dispute not conducted in Olmsted County, Minnesota, and in accordance with the Minnesota Civil the institution of legal or equitable proceedings by either party. The mediation shall be this Agreement shall be subject to non-binding mediation as a condition precedent to . Dispute Resolution. Any claim, controversy or dispute arising out of Article 17other negligent entitiesand individuals. negligence, errors, or omissions bears to the total negligence of City, Consultant, and all of this Article, Consultant’s liability shall not exceed the proportion that Consultant’s damages or losses in the nature of lossof revenue or lost production. For the purposes Consultant’s negligence, errors, or omissions. Consultant’s liability does not include Consultant shall be responsible for cost, loss, or damages caused in part by without additional cost to City. necessary to correct these negligent acts, errors, or omissions without undue delay and field or office work, Consultant shall promptly perform such additional work as may be Consultant’s services for the Project, the corrections of which may require any additional one year from the completion of or omissions made in any phase of the work, or which are reported to Consultant within without additional cost to City. If the Consultant is aware of any negligent acts, errors, necessary to correct these negligent acts, errors, or omissions without undue delay and promptly notified by City and shall promptly perform such additional work as may be the correction of which may require additional field or office work, Consultant will be If negligent acts, errors, or omissions are made by Consultant in any phase of the work, furnished under this Agreement and all implied warranties are disclaimed. warranty or guarantee, expressed or implied, is made with respect to the services normally practiced by professionals performing the same or similar services. No other Services performed under this Agreement shall be with the degree of skill and diligence subsequent correction of errors or omissions, or for clarification of ambiguities. Acceptance of the work by City will not relieve Consultant of the responsibility for resulting from errors, omissions or negligent acts without additional compensation. accuracy of the work and must promptly make necessary revisions or corrections . Professional Responsibility. Consultant shall be responsible for the Article 16both parties. change of terms of this agreement shall bind either party unless in writing and signed by representations not specified herein. Furthermore, no waiver, consent, modification, or and representations. There are no oral or written understandings, agreements or upon. This agreement supersedes all prior negotiations, understandings, agreements the parties' agreement, and the complete and exclusive statement of the terms agreed . Merger Clause. This agreement constitutes the final expression of either party. The venue for legal or equitable proceedings shall be in Olmsted County, 147City Clerk ________________________________ Attest City AttorneyIts ________________________________ ________________________________ By By CITY OF ROCHESTER BOLTON & MENK, INCdeliver this agreement as of the day and year first written above. bound, have caused their proper and duly authorized agents/officers to execute and IN WITNESS WHEREOF, the parties hereto, intending to be legally full force and effect. . Savings Clause. If any court finds any portion of this Agreement to be Article 19herein. those terms; and (4) have not relied upon any representation or statement not set forth have read this Agreement, understand all of its terms and appreciate the significance of (2) have had an opportunity to consult an attorney before signing this Agreement; (3) their own volition with such consultation with legal counsel as they deem appropriate; that they: (1) enter into and execute this Agreement knowingly, voluntarily and freely of . Concurrence. By executing this Agreement, the parties acknowledge Article 18compensatory damages. Minnesota. The parties waive all rights to and claims for monetary awards other than 148 149 The table below illustrates the engagement activities we can support the City of Rochester with. ENGAGEMENT TABLE City Staff will lead the engagement efforts. We will support with technical materials. TASK 4. PUBLIC ENGAGEMENT » General coordination and quality control/checks » Monthly virtual check-ins with city staff including agendas and meeting notes TASK 3 DELIVERABLES engagement activities. Regular virtual check-ins will be held monthly to review project progress, discuss issues and solutions, and coordinate for acceptance. We will further work together to facilitate interactions with city staff and other project stakeholders. communication. We will work closely with city staff throughout the project and collaboratively review draft deliverables met. Mojra Hauenstein, your project manager, will work closely with the city to ensure clear and consistent Bolton & Menk will manage its staff, tasks, resources, budget, and related activities to ensure the project objectives are TASK 3. PROJECT MANAGEMENT » Summary of existing physical, social, natural, and cultural conditions » Projections: population and trend forecasts » Data update: demographics, commute patterns, spending habits, income, employment, etc. » Community context-existing conditions and trends TASK 2 DELIVERABLES efforts or create conflicts with pre-existing work. We will also study relevant and applicable GIS data, ordinances, maps, and documents to ensure we do not duplicate cultural heritage and community values that tie into the scope update. ethnicity, and poverty and disability levels, as well as crime rates and health levels. Cultural conditions will identify the environmentally sensitive areas (constraints). Social conditions will focus on population spending habits, education, Physical conditions will focus on features that serve mixed-use and industrial sites such as roads, utilities, and natural or attention for the scope of the update (mixed-use and industrial sites). We will do a high-level review of physical, social, natural, and cultural conditions that are relevant and that need identify trends, and we will work with the county to obtain forecast population estimates. Bolton & Menk will conduct a community conditions analysis. We will collect existing demographic and market data, TASK 2. EXISTING CONDITIONS AND TRENDS » Establishment of the steering committee » Project schedule, deliverables, and milestones » Kickoff meeting TASK 1 DELIVERABLES work with city staff to identify members and propose conducting the workshop (1)—see Engagement Table on page 14. changes based on city preferences. We also recommend establishing a steering committee for the plan update. We will Prior to initiating work, we will hold a kickoff meeting to review the scope, budget, timeline, and make any necessary TASK 1. PROJECT SET-UP SCOPE OF SERVICES revised 8-8-24 City of Rochester P2S Comprehensive Plan Update 1 150 The current development vision and growth management maps in the current P2S Comprehensive Plan indicate the Land Use relevant data that informs and affects the existing conditions and growth of the city. of the City of Rochester. The section will include charts, infographics, and graphs as well as a narrative to highlight Bolton & Menk will use the data gathered in Task 2, and community and public input from Task 4, to provide a snapshot Community Profile We will include the following sections and elements in the Plan: (UDC) can lead to the next steps forward. We will use the comprehensive plan update process to see how the implementation of the Unified Development Code » Destination Medical Center (DMC) Transit Studies » Mayo Clinic Five-Year Plan » Rochester Urban Service Area Land Use Plan and Map Plan » Active Transportation Plan and Rochester-Olmsted Council of Governments (ROCOG) 2040 Long-Range Transportation » Growth Map update » DMC Economic Development Plan » RAED (Rochester Area Economic Development) » City and County Strategic plan » 2020-2024 Five-Year Consolidated Plan » Olmsted County Comprehensive Housing Study » City GIS » City of Rochester Housing Code » City of Rochester P2S Comprehensive Plan 2018 » City of Rochester Uniform Development Code 2022 policy direction where relevant in the new comprehensive plan: We will review existing plans, studies, reports, and documents for reference and consideration in the plan update for TASK 5. DRAFT PLAN » Content for city hosted website » Workshop (1)- 1 in person » Support city staff with engagement materials per table above TASK 4 DELIVERABLES TBD prioritize draft recommendations person at the beginning of the project and one virtual to One inWorkshop (1) Steering Committee 3 updatessurveys, events, etc. be the centralized platform for project information such as this would updates, ways to be involved, and feedback options—background information, , contentwebsite with Citythe Support website ity Support content for cEmail, as needed engagement team for communication content the Provide project information and updates via email to Communication ContentSupport Project One meeting deliverables with the City’s public engagement plan andneeds,schedule,projectaligntostaffwithWorkEngagement Plan (PEP) Support Public FREQUENCYROLES AND GOALSACTIVITY City of Rochester P2S Comprehensive Plan Update 2 151 necessary steps to address identified gaps and achieve the goals of the comprehensive plan. parties, timelines, and performance indicators for each priority area; this matrix serves as a road map for executing the » Develop an Implementation Matrix: Create an implementation matrix that outlines specific actions, responsible and alignment with the comprehensive plan goals; this step helps allocate resources and efforts effectively. » Prioritization Exercise: Prioritize the identified gaps and areas for improvement based on their significance, feasibility, the current priorities. We will incorporate their feedback into the evaluation to ensure inclusivity and transparency. » Engage Stakeholders: Support the city’s efforts to engage with key stakeholders to gather insights and perspectives on sources. initiatives; this may include quantitative metrics, qualitative feedback, stakeholder input, and other pertinent data » Collect and Analyze Data: Gather relevant data and information to assess the performance of ongoing projects and comprehensive plan; evaluate their progress, impact, and effectiveness in advancing the stated goals. » Assess Current Priorities: Identify priorities and initiatives that have been implemented in alignment with the and desired outcomes. allows for modifications to make the goals more relevant and ensures a clear understanding of the overarching vision » Review Comprehensive Plan Goals: Examine the goals and objectives established in the comprehensive plan; this step existing initiatives. This evaluation entails several key steps: outlined in the comprehensive plan involves an assessment process aimed at gauging the effectiveness and relevance of In the workshop with the steering committee to set priorities. Evaluating current priorities aligned with the goals Evaluate Priorities recommended toolbox based on his experience leading Complete Streets policies and projects. » Transit. Dan Edgerton from Zan will review of existing bike and pedestrian planning policies and develop a charting a course to achieve that vision. policy options, impacts, and next steps, with a goal of understanding the city-wide transportation system vision and understand the connection between future growth and transportation system impacts. This planning effort will explore » Transportation. Future land use changes and policies will be analyzed together with the transportation system to Northern Nevada in an area experiencing accelerated growth and tourism. » Short-term rentals (STRs). Our team has worked on the STR Washoe County model code used in Lake Tahoe and There will be a special focus on emerging issues, including Rochester’s future lies at the intersection of innovation, connectivity, and adaptability. Emerging Forces surrounding neighborhoods. will also look at how to transform mixed-use neighborhoods with their own identity, while still connecting them to the housing demands cited within the P2S Comprehensive Plan and the Olmsted County Comprehensive Housing Study. We We will analyze existing residential and mixed-use land use designations to ensure Rochester is positioned to meet the Mixed-Use Development and Housing update the Future Land Use Map as needed. development. We will analyze suitable future industrial land use sites within Rochester’s Urban Service Area. We will compatible, and safe development. The Riverfront Small Area Plan presents opportunities for future industrial The Rochester Urban Service Area Land Use Plan aims to establish zones for different land uses, ensuring orderly, has a global connection as the plan is developed. influenced by local and national activity, but also by international trade. It is important to keep in mind that Rochester The local industrial sites are a key aspect of growth as they accommodate market demands, which are not just We will study the industrial sites and make recommendations for updated goals. Industrial Sites committee input, data and analysis. desired direction for the city’s growth. We will update the land use sections of the plan based on community, staff and City of Rochester P2S Comprehensive Plan Update 3 152 We have developed a schedule based on our review of the project background, description, and scope of services listed PROJECT SCHEDULE Revised 7-15-24 » Final comprehensive plan update (in editable formats) » Planning Commission and city council materials TASK 7 DELIVERABLES the City of Rochester in formats compatible with Microsoft Suite software and/or Foxit PDF software. schedule. Upon completion of the contract, all data, working files, and GIS shapefiles for all maps shall be provided to digital copies of all preliminary and final draft documents to the City of Rochester as outlined in the project scope and to the City of Rochester will comply with Section 508 of the Americans With Disabilities Act. We will provide editable We will assist the city in the adoption of the final comprehensive plan update document. All final documents delivered TASK 7: ADOPTION » All other data and information that was collected through the process in digital copy » All maps in GIS format » Final chapters of all comprehensive plan elements (in editable formats) TASK 6 DELIVERABLES formulate a plan with additional hours for approval. plan based on the feedback. If changes are extensive and beyond the hours anticipated, we will regroup with staff and will seek feedback on the draft plan from the community, businesses, and city leaders and boards. We will adjust the The Bolton & Menk team will prepare a draft of the comprehensive plan updates that is concise and easy to read. We TASK 6: SOLICIT AND ADDRESS FEEDBACK ON DRAFT PLAN » Identify Fiscal incentives and funding options » Implementation matrix—summarizing actions, roles, budget/funds, timelines » Associated policies and recommendations Supplemental A Excel » Updated development vision graphics, maps, graphics and data as required by updated text alignment- per updated » Draft chapters of updated comprehensive plan elements TASK 5 DELIVERABLES Bolton & Menk write-off: Hours spent to date for contract, scope and Supplemental A revisions: $1,600 Total Additional Fee: $11,650 Saving: city staff to complete Task 4 engagement and 4.2 summary of engagement: -$2,000 Savings: reduce to 1 workshop -$1,800 Additional Fee for Current Supplemental A Excel: $15,450 Fee and hours originally budgeted for Supplemental A: 30 hours or $4,500 (-) (included) Current Supplemental A Excel of updated graphics/maps/tables/figures, fee and budget: 113 hours or $19,950 scope. for detailed analysis of items added to Excel Spreadsheetsource) or updated (since last P2S Comp Plan). Please see the Menk have created an Excel Spreadsheet to evaluate the update of Supplemental A as not all data is available (unknown graphics, maps, and figures not included in the base fee from Supplemental A are an additional fee. Staff and Bolton & tables and figures that need updating, this could require considerable hours depending on the updated findings. The Since the outcome of the update is not fully known yet, and Supplemental A includes more than 122 graphics/maps/ Additional Services: Supplemental A Update: tables consistently and ensure all references to graphics are updated and consistent with data. We will include updates to maps as listed in each task’s deliverables in the base fee. We will lable all graphs, figures, and Data, Maps and Graphics Update City of Rochester P2S Comprehensive Plan Update 4 153 Total Fee: 61,627 FEES- revised 8-8-24 project stakeholders to revise and update this schedule as needed to ensure successful project delivery. in the RFP and our experience on similar projects. Upon selection, we will work with City of Rochester staff and other City of Rochester P2S Comprehensive Plan Update 5 M 154?.tcapmi?lacsif?on?si?erehT:tcapmI?ecruoseR?&?lacsiF.emit?siht?ta?snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.PCAAN?eht?fo?hcnarB?retsehcoR?eht?morf?tnemtnioppa ?eettimmoc?eno?fo?noitaunitnoc?sedulcnisihT?.degatnavdasid?neeb?yllacirotsih?evah?taht?seitinummoc?morf?sevitatneserper?edulcni?ot?eunitnocdluohs?stnemtnioppa?,eettimmoC?thgisrevO?yciloP?eciloP?eht?f o?tnetni?lanigiro?eht?htiw?tnetsisnoC:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.gniteem?siht?ta?gnidaertsrif?a?rof?deraperp?dna?mrof?lanif? s'ti?ni?si?dna?,weiver?rof?dehcatta?si?egaugnal?tnemdnema?desoporp?ehT?.neves?ta?tnegnitnoc?draob?lluf?ehtniatniam?ot?dna?,tnemtnioppa?CRHCO?eht?fo?ecalp?ni?tnemtnioppa?egral-ta?lanoitidda?na?wolla?o t?detadpueb?ot?sdeen?ecnanidrO?eht?dna?3202?ni?devlossid?noissimmoC?sthgiR?namuH?ytnuoC?detsmlO?ehT?.royaM?eht?ybdetnioppa?neht?yltneuqesbus?COPP?eht?ot?rebmem?eno?fo?pihsrebmem?rof?noitadnemmocer?a? ekam?otCRHCO?eht?rof?dewolla?ecnanidrO?ehT?.noitazinagro?ytnuoC?dna?ytiC?tnioj?a?saw?)CRHCO(?noissimmoCsthgiR?namuH?ytnuoC?detsmlO?eht?,detaerc?saw?)COPP(?noissimmoC?thgisrevO?yciloP?eciloP?eht?nehW: evitarraN?tropeR?.noitces?gnidaeR?tsriF?ecnanidrO?rednugniteem?dias?ta?gnidaeR?tsriF?a?ecnanidrO?laiciffo?eht?evig?ot?yenrottA?ytiC?eht?gnitceriD?.2?.noissimmoC?thgisrevO?yciloP?eciloP?eht?ot?srebmem ?fo?tnemhsilbatse?eht?ot?evitaler?31-2retpahC?fo?1-31-2?noitceS?ecnanidrO?fo?edoC?retsehcoR?ot?tnemdnema?ecnanidrO?na?gnivorppA?.1:detseuqeR?noitcA???21.F?noissimmoC?thgisrevO?yciloP?eciloP?eht?otevi taleR?31-2?retpahC?fo?1-31-2?noitceS?ecnanidrO?foedoC?retsehcoR?ot?tnemdnemA?ecnanidrO?desoporP NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAeciffO?s'yenrottA?ytiC: TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE A 155?ÂnoissimmoC?thgisrevO?yciloP?eciloP?eht?ot?evitaleR31-2?retpahC?fo?1-31-2?noitceS?ecnanidrO?fo?edoC?retsehcoR?ot?tnemdnemA?-?ecnanidrO?desoporP:stnemhcattA nothguoH?ydoJ:yB?deraperP?.emit?siht? ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl ORDINANCE NO. ____156with guidelines established by the council. any approved expenses incurred in theperformance of their duties in accordance Members will not receive a salary for their services, but may be compensated for (d)who is or was a party to litigation involving the city and its police department. included substantial involvement with the police department, or any individual peace officers, current city employees, former city employees whose work appointment. This prohibition includes, but is not limited to, current or former with the neutral and unbiased nature of the commission are not eligible for (2)Individuals who may be reasonably perceived as having interests that conflict their successors have been appointed and qualified. (1)All appointments will be made for three-year terms. All members shall serve until (c)The commission members shall serve staggered three-year terms. membership. shall be encouraged to recommend to the mayor candidates for commission involvement in social justice and human rights. Community-based organizations people appointed by the mayor based on their interest and Six Five))2(3Rights Commission ("OCHRC") and subsequently appointed by the mayor; (2)One person recommended for membership by the Olmsted County Human subsequently appointed by the mayor; Association for the Advancement of Colored People ("NAACP") and(1)One person recommended for membership by the city branch of the National members of the commission as follows: (b)The mayor shall appoint, with the common council's advice and consent, seven a)There is hereby established a police policy oversight commission ("commission"). (Sec. 2-13-1. Establishment.amended to read as follows:Section 2-13-1of Chapter 2-13 of Title 2 of the Rochester Code is hereby Section 1.THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:POLICE POLICY OVERSIGHT COMMISSION. ORDINANCES RELATING TO THE ESTABLISHMENT OF 2-13 OF TITLE 2OFTHE ROCHESTER CODE OF AN ORDINANCE AMENDING SECTION 2-13-1 OFCHAPTER (e)The commission shall meet at least four times a year. 157 Ord20/Chapt.2-13 PPOC.Establish.docx Rochester, Minnesota)(Seal of the City of MAYOR OF SAID CITY ______________________________ _____APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.Section 2. This ordinance shall become effective from and after its publication.regarding police policy and procedure as provided by the police department. (h)Commission members will receive relevant training, education and information or clerical services may be contracted for only if approved by the common council. shall be made through the department's professional standards manager. Consultant shall be provided by the city attorney's office. Requests for information or assistance (g)Support staff services shall be provided by police administration and legal services out the intent of this chapter. advisable and necessary for the conduct of its affairs and for the purpose of carrying may deem necessary. Thecommission shall make such rules as it may deem The commission shall elect from its members a chairperson and such officers as it (f) M 158 rebotcO?morf?dedrawa?eb?dluow?52YF?rof?tnarg?eht?,etatS?eht?yb?dezilanif?dna?detucexe?era?stnemeergatnemdnema?tnarg?lla?ecnO?.4202?,61?rebmetpeS?yb?ytefaS?cilbuP?fo?tnemtrapeD?atosenniM?ehtot?n ruter?dna?stnemdnema?tnarg?lla?etucexe?tsum?eciffO?yenrottA?ytiC?eht?,tnarg?ruo?niatniam?ot?redro?nI??.451,051$?si?52YF/42YFrof?eciffO?yenrottA?ytiC?retsehcoR?eht?ot?dedrawa?tnuoma?tnarg?latot?ehT??. seitinutroppo?gniniartdna?secivres?ruo?gnicnahne?rehtruf?dna?emirc?fo?smitciv?ruo?ot?ecnatsissa?tneilc?tcerid?lanoitidda?gnireffosdrawot?tup?ot?eciffo?ruo?rof?451,01$?fo?esaercni?emit-eno?a?si?sihT?. drawa?52YF?ruo?ot?esaercni?%5.41lanoitidda?na?,rof?devorppa?saw?dna?,elbigile?saw?eciffO?s'yenrottA?ytiC?eht?,gnidnuf?lanoitidda?eht?htiW????.seetnarg?secivres????mitciv?emirc?tnerruc?rof?drawa?52YF? hcae?rof?sdnuf?lanoitidda?detairporppa?erutalsigeL?etatS?NM?eht?)2,dna?;)000,07$(?slevel?gnidnuf?42YF?eht?ta??????????000,07$fo?doirep?tnarg?52YF?rof?tnemdnema?na?eviecer?ot?eetnarg?tnerruc?hcae?rof? gnidnuf?tneiciffus?si?ereht?)1?:52YF?rof?segnahc?gnidnuf?gniwollofeht?fo?smargorP?ecitsuJ?fo?eciffO?eht?yb?demrofni?saw?eciffo?ruo?,revewoH???.gnidnuf?erutuf?rof?ylppa-er?ylevititepmoc?ot?deriuqer?sa w?eciffo?ruo?yllaitinI??.4202?,03?rebmetpeS?no?seripxe?tnarg?tnerruc?ruO??.detsissa?era?smitciv?ynam?woh?dnagnitroper?laicnanif?fo?tsisnoc?hcihw?dettimbus?era?taht?stroper?yrammus?dleif?ylretrauq?sah ?eciffo?yenrottAytiC?eht?,tnarg?eht?gnitpecca?nI?.smitciv?ruo?ot?ssecorp?laiciduj?eht?nialpxe?yletarucca?dna?ylevitceffeot?srotanidrooc?ssentiw?mitciv?dna?syenrotta?ruo?gniwolla?AAMI?hguorht?secivres ?reterpretni?,lairt?ot?ogtaht?sesac?no?secnaraeppa?truoc?ekam?ot?smitciv?rof?noitatropsnart?gnidivorp?gnidulcni?syaw?fo?yteirav?ani?dedivorp?si?ecnatsissa?tneilc?tceriD?.maet?ssentiw?mitciv?dna?srotu cesorp?ruo?rof?sgniniart?lanoitidda?rofyap?ot?dna?emirc?fo?smitciv?ruo?lla?ot?secivres?tneilc?tcerid?erom?edivorp?,tnarg?eht?yb?rof?diap?,rotanidroocssentiw?mitciv?a?erih?ot?elba?neeb?sah?eciffo?yenr ottA?ytiC?ehT?.7102?ecnis?smargorP?ecitsuJ?foeciffO?ytefaS?cilbuP?fo?tnemtrapeD?atosenniM?eht?htiw?stnarg?otni?deretne?sah?eciffO?yenrottA?ytiC?ehT:evitarraN?tropeR.5202?raeYlacsiF?rof?)PJO(?smargorP ?ecitsuJ?fo?eciffO?ytefaS?cilbuP?fo?tnemtrapeD?atosenniM?eht?htiw?451,051$tnuoma?latot?eht?ni?tnarG?secivreS?mitciV?emirC?a?fo?lawener?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???31.FtnarG?s ecivreS?mitciV?emirC?5202?raeY?lacsiFrof?)PJO(?smargorP?ecitsuJ?fo?eciffO?ytefaS?cilbuPfo?tnemtrapeD?atosenniM?eht?htiw?tnemeergA?tnarG NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPadnegA?tnesn oC:NOITCES?ADNEGAeciffO?s'yenrottA?ytiC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE 1 159 tnarG?secivreS?mitciV?emirC?-?noituloseR:stnemhcattA nothguoH?ydoJ:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.brosbaton?dluoc?tegdub?raluger?ruo?taht?s mitciv?ot?ecnatsissa?tneilc?tcerid?lanoitidda?edivorp?ot?elba?si?ecifforuo?,noitidda?nI?.tnarg?PJO?eht?yb?dednuf?yletelpmoc?si?snoitisop?rotanidrooc?ssentiw?mitciv?ruo?fo?enO:tcapmI?ecruoseR?&?lacsiF ?.slawener?pu?wollof?suoremun?htiw?,detpecca?smargorP?ecitsuJ?fo?eciffOdna?ytefaS?cilbuP?fo?tnemtrapeD?atosenniM?eht?htiw?tnarg?mitciV?emirC?laitinI?-?licnuoC?ytiC?:6102?,2?yaM:tnemegagnE?ytinummoC?& ?snoitcA?evitalsigeL?roirP??.smitcivtroppus?ot?sgniraeh?truoc?gnidnetta?yllanosrep?dna?ssecorp?truoc?eht?tuoba?snoitseuq?gnidleif?,smitcivmorf?sllac?gnikat?ot?yad?rieht?fo?hcum?etoved?eciffo?ruo?ni?s rotanidrooc?ssentiw?mitciv?ehT?.elbissopsa?yltneiciffe?sa?noitamrofni?truoc?dna?secruoser?yrassecen?eht?ssecca?yam?emirc?a?fo?mitciv?a?emocebyletanutrofnu?ohw?snosrep?LLA?taht?erusne?ot?krow?retteb?n ac?,tnarg?siht?gnitpecca?yb?,eciffo?s'yenrottAytiC?ehT?.redneg?ro?ecar?,ega?fo?sseldrager?nosrep?yna?ot?neppah?nac?emirc?a?fo?mitciv?a?gnimoceB:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQytef aS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP.5202?,03?rebmetpeS?-?4202?, RESOLUTION160documents needed to implement this resolution. and directed to sign the grant agreement, any amendments thereto, and any other BE IT FURTHER RESOLVED that the Mayor, City Clerk and City Attorneyare authorized City of Rochester City Attorney’s Office in providing assistance to crime victims.Prosecutorial Crime Victims Services grant for FY25 in the amount of $150,154 to assist the that the City Attorney Office enter into aMinnesota Department of Public Safety NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester –September 30, 2025. Office of Justice Programs by September 16, 2024 for grant period starting October 1, 2024all amendments and return the executed to the Minnesota Department of Public Safety WHEREAS, the City Attorney Office, a local unit of government, will be required to execute fundingfor current crime victim services grantees. to the FY25 award as a result of the Minnesota State Legislature appropriating additional WHEREAS, the CAO is eligible to receive an additionalone-time 14.5% increase ($10,154) Services Grant for FY25 ($70,000) at the FY24 funding levels($70,000).WHEREAS, the Office of Justice Programs has sufficient funding to extend the CAO Crime Coordinatorposition and to provide the direct client assistance our victimsof crime deserve. WHEREAS, the CAO relies on the victim grant to fund an additional Victim Witness prosecuted by the City Attorney Office. Witness Coordinator and to provide additional assistance to victims of crimes that areWHEREAS, this grant has allowed the City Attorney Office to hire an additional Victim since 2017. Agreements with the Minnesota Department of Public Safety Office of Justice Programs WHEREAS, the Rochester City Attorney office (CAO) has entered into previous Grant Safety Office of Justice Programs.Authorizing a Crime Victim Services Grant with the Minnesota Department of Public PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF161 Res20\\CA.GrantApply.2024.docx Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY __________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. M 162 tcejorp?mrofni?ot?depoleved?eb?lliw?nalP?noitapicitraP?ytinummoC?a?,dedrawa?era?sdnuf?fI?.ytilibomcimonoce?drawpu?etomorp?sa?llew?sa?,seciohc?noitatropsnart?devorpmi?htiw?stnediser?devresrednue divorp?lliw?taht?saera?fo?noitazilativer?eht?otni?secruoser?tsevni?lliw?tcejorp?desoporp?eht?,yllanoitiddA?.stnediser?lla?ot?elbissecca?era?secivres?ytilauq?taht?gnirusne?elihw?htworgcimonoce?gnitrop pus?,sessenisub?dna?srotisiv?erom?tcartta?yam?saera?laicremmoc?dna?cilbup?ni?sregrahcfo?tnemecalp?cigetarts?eht?,rehtruF?.erutcurtsarfni?gnigrahc?elbissecca?kcal?yltnerruc?ohw?stnedisergnoma?noitpoda ?VE?ot?sreirrab?sevomer?tcejorp?eht?,snoitpo?gnigrahc?VE?elbatiuqe?gnidivorp?yB.ycnarbiv?cimonoce?dna?,secivres?ytilauq?,gnivil?elbadroffa?fo?seitiroirp?s’licnuoC?eht?stroppus?tcejorp?sihT:tcapmI?IED ?&?snoitaredisnoC?yciloP pihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroirP.tnarg?siht?fo?trap?sa?detseuqer?si?gniffats?lanoitidda?on?dna?seiralas?gnitsixe?nihtiw?deganam?eb?lliwtnarg?eht ?tnemelpmi?ot?dedeen?emit?ffats?ehT?.erutcurtsarfni?gnigrahc?eht?fo?ecnanetniam?dna?,snoitarepo,noitallatsni?gnidulcni?,secivres?yeknrut?edivorp?ot?rentrap?rotces?etavirp?eht?htiw?rentrap?lliw?ytiCeh T?.dedrawa?si?gnidnuf?fi?ssecorp?dib?evititepmoc?erutuf?a?fo?noitidnoc?a?eb?lliw?hcihw?,rentrap?rotcesetavirp?a?yb?hctam?%02?a?seriuqer?ytinutroppo?gnidnuf?ehT?.005,533,4$?si?tcejorp?eht?fo?tsoc?lato t?ehT.tcejorp?noitallatsni?erutcurtsarfni?VE?desoporp?eht?troppus?ot?gnidnuf?IFC?ni?004,864,3$?skees?ytiC?ehT.ediR?&?kraP?sdnuorgriaF?eht?ta?36?yawhgiH?.S.U?gnola?dna?,xelpmoC?stropSlanoigeR?egelloC? lacinhceT?dna?ytinummoC?retsehcoR?eht?,retsehcoR?nwotnwod?sa?hcus?saera?cigetartsni?snoitats?gnigrahc?tsaf?CD?dna?2?level?fo?noitallatsni?eht?sedulcni?tcejorp?ehT?.srotisiv?dna?stnediserrof?ytilibiss ecca?gnisaercni?,erutcurtsarfni?gnigrahc?)VE(?elcihev?cirtcele?cilbup?s'noiger?eht?dnapxeylbatiuqe?ot?,egelloC?lacinhceT?dna?ytinummoC?retsehcoR?dna?ytnuoC?detsmlO?htiw?pihsrentrap?ni?,ytiCeht?elbane ?lliw?gnidnuf?sihT?.gnidnuf?fo?dnuor?dnoces?eht?ni?noitaredisnocer?rof?lasoporp?eht?timbuserot?ytinutroppo?eht?sah?ytiC?ehT?.dnuor?tsrif?eht?ni?gnidnuf?rof?detceles?ton?saw?tub?3202?ni?margorp?)IFC(e rutcurtsarfnI?gnileuF?dna?gnigrahC?s’noitatropsnarT?fo?tnemtrapeD?.S.U?eht?rof?deilppa?yllaitini?ytiC?ehT:evitarraN?tropeR.tnarG?erutcurtsarfnI?gnileuFdna?gnigrahC?noitatropsnarT?fo?tnemtrapeD?.S.U?e ht?rof?noitacilppa?na?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???41.FtnarG?erutcurtsarfnIgnileuF?dna?gnigrahC?noitatropsnarT?fo?tnemtrapeD NOITCA?ROF?TSEUQER dlozteB?alyaK:RETNESERPadnegA?t nesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE p 163 tnarG?erutcurtsarfnI?gnileuF?dna?gnigrahC?rof?noitacilppA?-?noituloseR:stnemhcattA dlozteB?alyaK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnarg?siht?f o?trap?sa?detseuqer?si?gniffats?lanoitidda?on?dna?seiralas?gnitsixe?nihtiw?deganam?eb?lliw?tnargeht?tnemelpmi?ot?dedeen?emit?ffats?ehT?.drawa?tnarg?eht?htiw?ytiC?eht?ot?tcapmi?lacsif?tcerid?on?si?ere hT:tcapmI?ecruoseR?&?lacsiF?.kcabdeef?redlohekatsdna?tnemegagne?ytinummoc?tsubor?dedulcni?nalP?siht?fo?noitaerc?ehT?.aera?sucof?noitatropsnarTelbisseccA?s'nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibani atsuS?eht?ni?scitcat?stroppus?tcejorp?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.maet?gninnalp?eht?fo?rebmem?evitca?na?eb?lliw?rotceriD?noisulcnI?dna?,ytiuqE,ytisreviD?s’retsehcoR?.spuorg? ytinummoc?dna?stnediser?morf?kcabdeef?edulcni?lliw?hcihw?,gninnal RESOLUTION164charging infrastructure and other alternative fueling infrastructure. Program provides funding to strategically deploy publicly accessible electric vehicle States Department of Transportation. TheCharging and Fueling Infrastructure Grant applicationforthe Charging and Fueling Infrastructure Grant Program through the United BE IT RESOLVED that the Common Council of the City of Rochester hereby authorizes the sustainability goals, and improve the quality of life in underserved neighborhoods;and Fueling Infrastructure (CFI) funds will support the rollout of EVs, advance the City's WHEREAS, federal investment through the U.S. Department of Transportation's Charging Highway 63 at the Fairgrounds Park & Ride; andRochester Community and Technical College Regional Sports Complex, and along U.S. current (DC) fast charging stations at key locations including downtown Rochester, the Community and Technical College, proposes to install dual-port Level 2 chargers and direct WHEREAS, the City of Rochester, in partnership with Olmsted County and Rochester equitable electric vehicle (EV) charging; andreducing greenhouse gas emissions through theinstallation of strategic, accessible and WHEREAS, the City of Rochester, Minnesota, is committed to advancing sustainability and Fueling Infrastructure GrantAuthorizingthe application forU.S. Department of Transportation Charging and PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF165Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. M 166:selpicnirP?lanoitadnuoF?&?seitiroirP.noitulos?aremac?taht?htiw?TPR?ot?evirra?dnanoitacificeps?noisiV?ytefaS?eht?edulcni?sesub?wen?llA??.tnemeriuqer?siht?ot?setubirtnoc?esahcrup?metsysaremac?sih t?dna?stcejorp?ytefas?cilbup?no?noitacolla?ruo?fo?%1?dnepxe?ot?deriuqer?yllaredef?si?TPR?.sdnuf?snoitarepo?tisnartesu?ot?deriuqer?si?hcihw?noitatropsnarT?evitcA?dna?tisnarT?fo?eciffO?s’noitatropsnarT ?fo?tnemtrapeDatosenniM?eht?yb?devorppa?saw?tnemerucorp?fo?dohtem?sihT?.eludehcs?gnicirp?dehsilbup?)noitartsinimdAsecivreS?lareneG?.S.U(?ASG?s’noisiV?ytefaS?ot?etouq?eht?gnirapmoc?yb?eulav?riaf?erusn e?ot?elba?sawdna?secirp?detnuocsid?deviecer?sah?TPR?.metsys?eritne?eht?gnicalper?ton?era?ew?dna?,mroftalp?noisiVytefaS?eht?no?setarepo?ydaerla?TPR?esuaceb?tnemerucorp?ecruos?elos?a?deredisnoc?si?esah crup?sihT???.sub?fo?epyt?ehtno?gnidneped?,saremac?roiretxe?owt?ot?pu?dna?saremac?roiretni?evif?fo?dradnats?a?sah?sub?hcaE?.kcotsni?segakcap?tnenopmoc?aremac?rewen?eerht?gnivah?tisnart?ot?eud?,sesub?5 2?rof?secivres?noitallatsnidna?,sesub?22?rof?stnenopmoc?dna?saremac?fo?noitallatsni?eht?sedulcni?lasoporp?ehT?.noisiV?ytefaSyb?dedivorp?eb?lliw?taht?eriw-er?lluf?a?eriuqer?lliw?dna?sesub?52?no?dellat sni?yltnerruc?si?seires?0007?ehT?.detroppus?regnol?on?si?dna?efil?fodne?dehcaer?sah?).cte?,ylppus?rewop?,redrocer?,aremac(?metsys?0007?eritne?s'noisiV?ytefaS?taht?demrofnisaw?TPR?yltnecer?dna?,emit?r evo?egnahc?sredrocer?dna?sledom?aremaC?.ytefas?revird?dna?,regnessap,snoitagitsevni?tnedicca?ni?tsissa?ot?sdaolnwod?oediv?rof?swolla?metsys?s'noisiV?ytefaS?dna?sesub?tisnartno?erutaef?ytefas?dradnats ?a?era?saremaC?.noitarepo?ni?sesub?etuor?dexif?25?lla?no?dellatsni?si?metsysrieht?dna?sraey?lareves?rof?noitulos?aremac?sub?)TPR(?s’tisnarT?cilbuP?retsehcoR?neeb?sah?noisiV?ytefaS:evitarraN?tropeR?.s essub?etuor-dexif?)TPR(s'tisnarT?cilbuP?retsehcoR?fo?52?rof?stnenopmoc?detaicossa?dna?saremac?fo?noitallatsni?dna?esahcrupeht?rof?58.174,631$?tnuoma?eht?ni?noisiV?ytefaS?htiw?tnemeerga?na?gnizirohtua ?noituloseR?a?gnitpodA:detseuqeR?noitcA???51.F?stnemecalpeRtnenopmoC?dna?aremaC?suB?etuoR-dexiF?rof?noisiVytefaS?htiw?tnemeergA?noitallatsnI?dna?esahcruP NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPadnegA?t nesnoC:NOITCES?ADNEGAsecivreS?gnikraP?&?tisnarT:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE Q 167 noisiV?ytefaS?tnemecalpeR?aremaC?suB?-?noituloseR42.8.8?etouQ?noisiV?ytefaS:stnemhcattA tfeoH?anoM:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.esahcrup?eht ?devorppa?sah?noitatropsnarTevitcA?dna?tisnarT?fo?eciffO?NM?eht?dna?esahcrup?siht?rof?desu?gnieb?era?sdnuf?snoitarepo?tisnarT:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?ro?noitca?evitalsigel?roirp ?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytinummoceht?ot?secivres?ytilauq?dna?efas?edivorp?ot?ytiliba?s'tisnarT?cilbuP?retsehcoR?ot?lacitirc?era?saremac?suB:tcapmI?IED?&?snoitaredisnoC?yc iloP ytefaS?cilbuPsecivreS?ytilau 168 41Page $500.00$50.00Maintenance & Tech Support4112/412010$357.10$35.7139 IP Adaptor for 41-WS-BRKT41-WSBRKT-10$283.10$28.31extended front windshield brkt41-WS-BRKT-EXT10$355.30$35.53128GB SD CardSD-128GSA10$2,671.70$267.17Ext IP 2.8mm cam w.IR42-2.8IR-IP10$7,968.00$159.36Interior 2.8MM IP Camera w/ IR39-2.8IR-IP50$537.70$53.7741-PANIC, 41-PANIC-CABLE41-PANIC-KIT10$185.60$18.56GPS Module for 4401-HVR41-GPS210$3,781.80$378.18UPS for 4116 & 48164116-NVR-UPS10$4,263.90$426.394816-NVR-CAN2, SV-1TBSSD-NPNP4816-SSD-2TB-10$22,102.00$2,210.2041-TRIGGER, 4816-NVR, 4816-PWR-HRNS, SV-BATTERY-AAA4816-NVR-KIT10TotalUnit PriceDESCRIPTIONPART #Cam Per Bus10 Buses w/ 5 Interior Cams & 1 Exterior USRochester MN 55906Attn Roger Ritchie4300 East River Road NERochester City Transit Ship To USRochester, MN 559064300 East River Road NERochester City Transit Bill To 9/27/2024Expires On:Roger RitchiePrimary Contact:UPS GroundDelivery Method:Q-01579Quote Number: EMAIL@SAFETYVISION.COM713.896.6600800.880.8855HOUSTON, TEXAS 77041-51136100 W. SAM HOUSTON PKWY. N.Safety Vision QTY 169 4 of 2Page $28.31$28.31extended front windshield brkt41-WS-BRKT-EXT1$391.20$19.56Cat 5e 35ft camera cable30-10003520$330.40$16.52Cat 5e 18ft camera cable30-10001820$534.34$267.17Ext IP 2.8mm cam w.IR42-2.8IR-IP2$318.72$159.36Interior 2.8MM IP Camera w/ IR39-2.8IR-IP2$53.77$53.7741-PANIC, 41-PANIC-CABLE41-PANIC-KIT1$18.56$18.56GPS Module for 4401-HVR41-GPS21$378.18$378.18UPS for 4116 & 48164116-NVR-UPS1$852.78$426.394816-NVR-CAN2, SV-1TBSSD-NPNP4816-SSD-2TB-2$2,210.20$2,210.2041-TRIGGER, 4816-NVR, 4816-PWR-HRNS, SV-BATTERY-AAA4816-NVR-KIT1Unit PriceDESCRIPTIONPART #QTY Recommended Spare Parts$54,813.4812 Buses w/ 5 Interior Cams & 2 Exterior Cams Per Bus Total:$0.00$0.00WEW312$600.00$50.00Maintenance & Tech Support4112/412012$428.52$35.7139 IP Adaptor for 41-WS-BRKTSP3941-WSBRKT-12$339.72$28.31extended front windshield brkt41-WS-BRKT-EXT12$426.36$35.53128GB SD CardSD-128GSA12$6,412.08$267.17Ext IP 2.8mm cam w.IR42-2.8IR-IP24$9,561.60$159. 36Interior 2.8MM IP Camera w/ IR39-2.8IR-IP60$645.24$53.7741-PANIC, 41-PANIC-CABLE41-PANIC-KIT12$222.72$18.56GPS Module for 4401-HVR41-GPS212$4,538.16$378.18UPS for 4116 & 48164116-NVR-UPS12$5,116.68 $426.394816-NVR-CAN2, SV-1TBSSD-NPNP4816-SSD-2TB-12$26,522.40$2,210.2041-TRIGGER, 4816-NVR, 4816-PWR-HRNS, SV-BATTERY-AAA4816-NVR-KIT12Unit PriceDESCRIPTIONPART #QTY Cams Per Bus12 Buses w/ 5 Interior Cams & 2 Exterior$43,006.2010 Buses w/ 5 Interior Cams & 1 Exterior Cam Per Bus Total:$0.00$0.00WEW310Unit PriceDESCRIPTIONPART # QTY 170 4 of 3Page PO Number: Name: Signature: Acceptance Details: (541) 784-7535jlindbloom@safetyvision.comJustin LindbloomRegards, For any further information please do not hesitate to reach us We have competitive financing available. Please contact your Account Executive to discuss options. $136,471.85Grand Total: $1,000.00Freight Total:$1,000.00$1,000.00Freight - Estimated Shipping and HandlingFreight1Unit PriceDESCRIPTIONPART #QTY Freight$32,500.00Installation 25 Vehicles per Excel from Roger R. Total:$32,500.00$1,300.00BusesRemoval of old system and installation of new systems per bus Qty 25Installation25Unit PriceDESCRIPTIONPART #QTY Roger R.Installation 25 Vehicles per Excel from$5,152.17Recommended Spare Parts Total:$35.71$35.7139 IP Adaptor for 41-WS-BRKTSP3941-WSBRKT-1Unit PriceDESCRIPTIONPART # Quote Terms171 4 of 4Page All items warranted for 3 years unless otherwise noted. All returns subject to a 25% restocking fee.installation period. Invoices, less installation, due Net 30. Installation to be invoiced on a bi weekly basis over the : RESOLUTION172Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF.2024-16 Bus Camera Replacementsauthorized for the following approved project: and is Safety Visionisherebyacceptedfrom$136,471.85Minnesota,that thequoteofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, Safety Vision $136,471.85,the following quotewasreceived:Camera Replacements Bus WHEREAS, pursuant to a Request for Quotefor the following improvement(s):Awarding Contract: 2024-16Bus Camera Replacements M 173 mrofrep?ot?ytiliba?rieht?htiw?snrecnoc?on?sah?maet?eht?dna?,stcejorp?tsap?no?llew?demrofrep?evah?yehT.etouq?wol?eht?gnittimbus?CLL?,etercnoC?kcaZ-iT?htiw?,setouq?dettimbus?srotcartnoc?owt?,wole b?detsil?sA.retlehs?sub?wena?fo?noitallatsni?dna?,stnemevorpmi?ecafrus?gniklaw?,sdap?tnailpmoc?)ADA(?tcA?ytilibasiD?htiw?snaciremA01?fo?noitallatsni?eht?edulcni?stnemevorpmi?ehT?.tcartnoc?siht?hguorh t?detavoner?eb?lliw?taht?setis?11fo?latot?a?era?erehT?.setouq?ylno?gniriuqer?dlohserht?gniddib?evititepmoc?eht?rednu?ni?emoc?ot?detamitsesaw?dna?sdoohrobhgien?emocni?rewol?ni?stnemevorpmi?pots?sub?ro f?si?tcejorp?eht?fo?noitrop?GBDC?ehT.erutuf?ehtni?dettimbus?eb?lliw?noitca?licnuoc?etarapes?A?.ssecorp?tnemerucorp?gniogrednu?llits?si?dna?regral?hcumsi?tcejorp?dednuf?yllaredef?ehT?.tcartnoc?siht?ro f?desu?eb?lliw?yvel?xat?on?,eroferehT?.hctam?lacol?a?eriuqerton?lliw?dna?margorp?GBDC?eht?htiw?dednuf?gnieb?si?noitca?licnuoc?siht?ni?detneserp?tcartnoc?noitcurtsnocehT?.tcejorp?hcae?rof?secruos?gnid nuf?etarapes?gnisu?stcejorp?noitcurtsnoc?etarapes?owt?otni?dedividsaw?tcejorp?sihT?.)PIC(?nalP?tnemevorpmI?latipaC?eht?ni?devorppa?saw?tcejorP?tnemevorpmI?potS?suB?A?.srallod?)GBDC(?margorP?tnarG?kco lB?tnempoleveD?ytinummoC?,tnarglaredef?gnisu?dednuf?si?tcejorp?siht?,noitidda?nI?.etis?hcae?ta?stnemevorpmi?gnitcurtsnoc?dna?gningisednehw?segnellahc?lacitsigol?emos?sesop?pots?cificeps?hcae?fo?tuo?y al?euqinu?eht?dna?metsys?TPReht?ni?spots?fo?rebmun?ehT?.metsys?etuor?dexif?eht?tuohguorht?spots?sub?euqinu?529?sah?yltnerruc?TPR?.eettimmoC?tisnarT?no?yrosivdA?snezitiC?eht?ta?dessucsid?dna?pu?thguor b?neeb?osla?evah?stnemevorpmipots?suB?.2202?rebmeceD?ni?dedulcnoc?taht?ssecorp?PDT?eht?fo?trap?sa?,stnemevorpmi?pots?subgnidulcni?,metsys?TPR?eht?fo?stcepsa?lla?dnuora?detcudnoc?saw?tnemegagne?dna?hc aertuo?evisnetxE.ecneirepxe?redir?eht?evorpmi?yletamitlu?dna?spots?sub?ytiC?ot?stnemevorpmi?mrofinu?laitnatsbus?ekam?ot)TPR(?tisnarT?cilbuP?retsehcoR?wolla?lliw?taht?ytinutroppo?na?stneserp?dna?eudre vo?gnol?si?erutcurtsarfnipots?sub?otni?tnemtsevni?latipac?fo?epyt?sihT?.PDT?eht?yb?derevoc?doirep?raey-evif?eht?nihtiwdeen?tessa?latipac?a?sa?spots?sub?gnitadpu?deifitnedi?)PDT(?nalP?tnempoleveD?tisn arT?7202-3202?ehT:evitarraN?tropeR.2902J?.oN?tcejorP?-?stnemevorpmI?potS?suB?rof?,91.606,061$fo?tnuoma?eht?ni?,CLL?,etercnoC?kcaZ-iT?ot?tcartnoc?a?fo?drawa?eht?gnizirohtua?noituloseR?a?gnitpodA:detse uqeR?noitcA???61.F?2902J?.oN?tcejorP?-?stnemevorpmIpotS?suB?rof?CLL?,etercnoC?kcaZ-iT?:drawA?tcartnoC NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAsecivreS?gnikraP?&?tisnarT:TPED ?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE s 174 2902J?.oN?tcejorP?-?stnemevorpmI?potS?suB?rof?ÂCLL?,etercnoC?kcaZ-iT?ot?drawA?tcartnoC?-?noituloseR2902J?.oN?tcejorP?-?stnemevorpmI?potS?suB?rof?ÂCLL?,etercnoC?kcaZ-iT?-?tcartnoC:stnemhcattA tfeoH?anoM:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.)GBDC(?margorPtnarG?kcolB?tnempoleveD?ytinummoC?eht?morf?978,161$?fo?tnarg?a?yb?dednuf?gnieb?si?tcejorp?s ihT:tcapmI?ecruoseR?&?lacsiF secivreS?gnireenignE?rof?nroH-yelmiK?drawA?tcartnoC?-?gniteeM?licnuoC?:3202?,62?enuJ)PIC(?nalP?tnemevorpmI?latipaC?7202-2202?eht?fo?noitpodA?-?gniteeM?licnuoC?:3202?,4?re bmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytiC?eht?tuohguorht?sretlehsfo?ytiunitnoc?dna?edargpu?dedeen?hcum?a?edivorp?lliw?tcejorp?sihT?.meht?ot?elbacilppa?ecnailpmocADA?fo?kcal?eht?dna ?sretlehs?pots?sub?gniga?fo?rebmun?eht?ot?eud?gnidnuf?rof?nesohc?saw?tcejorp?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seit iroirP 92.545,471$?-?.oC?rennoC?elyoD91.606,061$?-?CLL?,etercnoC?kcaZ-iT?.rebotcO?fo?dne?eht?yb?etelpmoc?eb?ot?detcepxe?si?krow?ehT?.yllufsseccu CITY OF ROCHESTER, MINNESOTA175and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms nowledges that the by the signature below of its authorized representative, hereby ackrepresentations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or rty unless in consent, modification, or change of terms of this agreement shall bind either paThis contract constitutes the entire agreement between the parties. No waiver, found in the Form of Proposal, unless otherwise provided for in writing by the parties.ncies shall prevail against any inconsisteand the Construction Plans Division S repeated. Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the Corporate Acknowledgement.7This Contract.6and ConditionsGeneral Terms5. RatePrevailing Wage 4. Construction Plans.3CDBGDivision S2.dated August 1.and SupplementProposal FormRevised 1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .606.19,016$be aggregate of which prices, based on the approximate schedule of quantities, is estimated to e hereto attached, thin the accepted Contractor’s proposal, forth in the conformed copy for the unit or lump sum items as set quotedaccept payment in accordance with the prices ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and ., 202420October be fully and satisfactorily completed on, or beforeARTICLE II. The Contractor agrees that the work contemplated by this contract shall Bus Stop Improvements (CDBG)0922Jas outlined in the Project Manual for:ans and specifications all the provisions of the plARTICLE I. The Contractor hereby covenants and agrees to perform and execute agree as follows:WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, called the "Contractor". THIS AGREEMENT hereinafter Ave, LeCenter MN 56057 st 22139352 , k Concrete, LLCcZa-TiRochester, Minnesota, hereinafter called the "Owner" and made and signed this ______________, by and between the City of THIS AGREEMENTFORM OF CONTRACT IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and 176Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleTi-Zack Concrete, LLCByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written. RESOLUTION177Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFshall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT RESOLVED that Ti-Zack Concrete, LLCshall execute all contracts within ten days ;and2024-13 Bus Stop Improvement Project (CDBG)approved project: is authorized for the following Ti-Zack Concrete, LLCCity contract for construction with isherebyacceptedandexecutionofthestandard $160,606.19Minnesota,thatthequoteofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityo fRochester, is the lowest quote.Ti-Zack Concrete, LLCWHEREAS, it appears that $174,545.29;andDoyle Conner Co.$160,606.19Ti-Zack Concrete, LLC,the following quoteswere received:Bus Stop Improvement Project (CDBG) J2092 WHEREAS, pursuant to a Request for Quotefor the following improvement(s):Awarding Contract: 2024-13 Bus Stop Improvement Project (CDBG) M 178 eb?llahs?rewes?gnidliub?eht?,elbaliava?ton?si?rewes?yratinas?cilbup?eht?nehw?,lasopsiD?retawetsaWetavirP?,4-2-21.ceS?OCR?reP?.ytiC?eht?fo?noitcidsiruj?eht?nihtiw?retawetsaw?dna?egawes?fo?tnemta ert?dna,noitcelloc?,lasopsid?eht?setaluger?,)OCR(?secnanidrO?fo?edoC?ytiC?retsehcoR?eht?fo?,lasopsiD?egaweSyratinaS?,2-21?retpahC?,tnemnorivne?eht?sa?llew?sa?,ytiC?eht?fo?snezitic?eht?fo?htlaeh?dna?y tefas?eht?roF:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.noitcennoc?fo?emit?ehtta?ecalp?ni?era?ta ht?seicilop?eht?htiw?tnetsisnoc?segrahc?dias?yap?ot?gnilliw?era?dna?metsys?rewesyratinas?eht?ot?tcennoc?ot?segrahc?suoirav?ot?tcejbus?si?ytreporp?eht?taht?egdelwonkca?srenwO.tnemeerga?siht?setucexe?y tiC?eht?taht?etad?eht?morf?sraey?01?naht?renoos?noitcennoceriuqer?ton?llahs?ytiC?eht?tpecxe?,ytreporp?eht?ot?tnecajda?si?rewes?yratinas?eht?taht?etadeht?fo?sraey?eerht?nihtiw?metsys?rewes?yratinas?yt iC?eht?ot?ytreporp?eht?tcennoc?ot?eerga?srenwO.ytreporp?eht?evres?ot?metsys?citpes?a?fo?riaper/tnemecalper?eht?rof?timrepmetsys?citpes?a?eussi?tnemtrapeD?gninnalP?ytnuoC?detsmlO?eht?taht?dnemmocer?ll ahs?ytiC?ehT:smeti?rojam?gniwollofeht?srevoc?taht?detaerc?neeb?sah?tnemeergA?noitcennoC?ytilitU?reweS?yratinaS/metsyS?citpeS?A?.ytreporp?'srenwO?eht?evres?ot?rewes?yratinas?ytiC?fo?ytilibaliava?eht?n opu?segrahc?eht?fo?tnemyapdna?noitcennoc?rof?tnemeerga?na?fo?noitucexe?dna?,snoitaluger?ytnuoC?detsmlO?ot?tnausrup?metsyscitpes?gnitsixe?eht?riaper/ecalper?ot?srenwO?eht?wolla?ot?deerga?sah?ytiC?eht? ,erofereht?;ytreporp?ehtevres?ot?dedeen?ecivres?rewes?yratinas?eht?edivorp?ot?elbanu?si?ytiC?eht?,emit?siht?tA?.ecnanidrO?metsyStnemtaerT?egaweS?ecafrusbuS?ytnuoC?detsmlO?eht?ot?tnausrup?tnailpmoc-no n?si?metsys?citpes?tnerruc'srenwO?ehT?.WS?rD?sllihirreM?3232?si?sserdda?ytreporp?ehT?.atosenniM?,ytnuoC?detsmlO?,noisivid-buSsllihirreM?,2?kcolB?,4?toL?sa?debircsed?etatse?laer?fo?srenwO?eht?era?nosn ebloC?ylimE?dna?ffoldniL?yorT:evitarraN?tropeR.etad?retal?a?ta?rewes?yratinas?lapicinum?ot?detcennoc?eb?nac?ytreporpeht?litnu?ytreporp?rieht?gnivres?metsys?citpes?tnerruc?eht?fo?tnemecalper?ro?riaper ?rof?wolla?ot?nosnebloCylimE?dna?ffoldniL?yorT?htiw?tnemeergA?noitcennoC?ytilitU?reweS?yratinaS/metsyS?citpeS?a?gnizirohtuA:detseuqeR?noitcA???71.FWS?rD?sllihirreM?3232-?nosnebloC?ylimE?dna?ffoldniL? yorT?htiw?tnemeergAnoitcennoC?ytilitU?reweS?yratinaS/metsyS?citpeS NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE c 179 WSrD?sllihirreM?3232?-?nosnebloC/ffoldniL?-noitcennoC?ytilitU?reweS?yratinaS/metsyS?citpeS?-?paM?noitacoLWSrD?sllihirreM?3232?-?nosnebloC/ffoldniL?-noitcennoC?ytilitU?reweS?yratinaS/metsyS?citp eS?-?tnemeergA:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemeergA?noitcennoC?ytilitU?reweS?yratinaS/metsyScitpeS?tcejbus?eht?fo?gnidroc er?dna?noitaraperp?eht?rof?641$?fo?eef?a?stcelloc?skroW?cilbuP:tcapmI?ecruoseR?&?lacsiF.tnemegagne?ytinummoc?ro?snoitca?roirp?on?era?erehT?.meti?enola-dnats?a?si?tnemeerga?sihT:tnemegagnE?ytinummoC?& ?snoitcA?evitalsigeL?roirP.ytreporp?'srenwO?ehtevres?ot?)metsys?citpes(?metsys?lasopsid?retawetsaw?etavirp?eht?rof?timrep?eht?sa?evres?llahs?tnemeergAnoitcennoC?ytilitU?reweS?yratinaS/metsyS?citpeS?t cejbus?ehT?.metsys?lasopsid?retawetsaw?etavirpa?fo?noitcurtsnoc?fo?tnemecnemmoc?eht?erofeb?reenigne?ytic?eht?yb?deussi?timrep?a?niatbo?llahs?renwoeht?dna?,noitces?siht?fo?snoisivorp?eht?htiw?gniylpmo c?metsys?lasopsid?retawetsaw?etavirp?a?ot?detcenno 180 181 182 183 184 185 S 186 5132 2042 5032 1042 2052 2142 1142 5052 4052 0142 5132 0222 2042 9042 3042 5132 1272600572602572609172601572606372609472600272600362604472604272607272602472608272603172605272609 27260817260227260737260617260417260937260327260047260347260147260 ytreporPtcejbu M 187 eht?ot?tcejorp?eht?reenigne?eulav?ot?dekrow?evah?RAMC?dna?,ffats?ytiC?,reenignE?ehT?.setamitse?laicnaniflanigiro?revo?tcejorp?siht?dehsup?sah?slairetam?dna?robal?htob?fo?noitalfni?emertxE?.nage b?gninnalplanigiro?ecnis?serusserp?yranoitalfni?si?decaf?sah?tcejorp?eht?eldruh?rojam?enO?.emit?fo?doirep?gnol?a?revodettimrep?dna?,dengised?,dennalp?,dessucsid?neeb?sah?tcejorp?siht?,snoitca?evitals igel?roirp?ni?nwohs?sA?.RAMC?eht?rof?segamad?detadiuqil?htiw?enotselim?lacitirc?a?,5202fo?tsuguA?ni?ecivres?morf?devomer?tnalp?negyxo?cinegoyrc?lacitirc?eht?sah?eludehcs?tnerruc?ehT?.krownigeb?ot?eti 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T?.naol?)AFP(?ytirohtuA?seitilicaF?cilbuP?atosenniM?ehtrednu?dedivorp?sa?,sraey?02?fo?doirep?a?revo?dnuF?esirpretnE?reweS?eht?yb?rof?diap?eb?ot?detapicitna?sitcejorp?ehT??.024,863,19$?ot?tsoc?tcejorp ?latot?eht?gnirb?tcejorp?eht?rof?snoitidnoc?dna?smret?dna?secivresnoitcurtsnocerp?rof?598,87$?rof?RAMC?eht?htiw?devorppa?tcartnoc?suoiverp?A?.stnemucod?ngiseddereenigne?ni?deniltuo?sa?krow?ecnemmoc?l liw?tcejorp?eht?,525,982,19$?rof?stnemevorpmi?dengised?ehtfo?noitcurtsnoc?rof?ecirP?mumixaM?deetnarauG?rof?tnemdnema?tcartnoc?siht?drawa?licnuoC?eht?dluohS:tcapmI?ecruoseR?&?lacsiF.segarevo?tsoc?dna? eludehcs?tcejorp?no?etadpU?–?noisseS?ydutS?:4202?,01?enuJ.secivresrotcartnoc?RAMC?rof?nosreteP?dna?nosflodA?ot?tcartnoc?dedrawA?–?gniteeM?licnuoC?:4202?,6?yaM.rotcartnoc?RAMC?erih?ot?slasoporP?rof?ts euqeR?eht?dezirohtuA?–?gniteeM?licnuoC?:4202?,22?yraunaJ.sdib?rof?tnemesitrevda?eht?dezirohtuA?–?gniteeM?licnuoC?:3202?,2?rebotcO.sreteM?wolF?dna?sevlaV?noitareA?rof?tcartnoc?dedrawA?–?gniteeM?licnuo C?:3202?,02?rebmevoN.tnempiuqE?resuffiD?elbbuB?eniF?rof?tcartnoc?dedrawA?-?gniteeM?licnuoC?:3202?,01?yluJ.sresuffiD?elbbuB?eniF?dna?,sreteM,sevlaV?noitareA?fo?tnemerucorP?diB?rof?tnemesitrevdA?devorp pA?–?gniteeM?licnuoC?:3202?,51?yaM.sdnuf?tnarg?dna?naol?rof?gniwollaytirohtuA?seitilicaF?cilbuP?atosenniM?eht?htiw?noitacilppa?naol?devorppA?–?gniteeM?licnuoC?:3202?,51?yaM.spets?txen?detapicitna?dna ?etadpu?sutats?tcejorp?a?htiw?licnuoC?dedivorP?-?noisseS?ydutS?:3202?,71?lirpA.tcejorp?eht?rof?secivresgnireenigne?lanoisseforp?edivorp?ot?llewdlaC?dna?nworB?deriH?-?gniteeM?licnuoC?:2202?,91?yraunaJ .tcejorp?sihtdedulcni?hcihw?,nalP?seitilicaF?tnalP?noitamalceR?retaW?fo?lavorppA?-?gniteeM?licnuoC?:1202?,02?yraunaJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tcejorp?siht?fo?noitatnemelpmi?ro fsnoitca?licnuoc?dna?snoitadnemmocer?ffats?tsap?swollof?tcejorp?ehT?.secivres?tnemtaert?dna?ecnayevnocretawetsaw?elbailer?gnidivorp?llits?elihw?level?elbadroffa?na?ta?setar?ytilitu?retawetsaw?gnipeek yb?seitirapsid?cimonoce?gnisserdda?dnuora?yllacificeps?,stroffe?IED?s'ytiC?eht?stroppus?tseuqer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?ytilibisn opseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.detneserpsa?PMG?eht?evorppa?ot?si?noitca?dednemmocer?ehT?.tcejorp?eht?retfa?seussi?rodo?esuac?dna?mretgnol?eht?ni?ytilitu?eht?ot?stsoc?llarevo?esaerc ni?dluow?noitca?siht?eveileb?ffats?ytiC?esuaceb?dednemmocerton?si?tub?woleb?evitanretla?na?sa?detneserp?neeb?sah?oiranecs?sihT?.tcejorp?erutuf?a?ot?yaled?otsnoitpo?sa?niamer?stnemevorpmi?gnidliub?gni bburcs?rodo?eht?ylno?eht?dna?tcejorp?eht?morf?devomer?neebevah?smeti?lareves?,segarevo?etagitim?ot?tpmetta?na?nI?.emit?taht?ta?000,000,98$?fo?tsoc?noitcurtsnocdetapicitna?na?htiw?,noisseS?ydutS?licnu oC?4202?,01?enuJ?eht?ta?dessucsid?saw?ecnadeecxe?nA?.PIC?eht?ni?devorppa?tnuoma?eht?deecxe?llits?stsoc?tub?,noitca?detseuqer?siht?ni?nwohs?etamits r 189 1144J?edargpU?sdiloS?dna?diuqiL?tnemdnemA?tcartnoC?-?noituloseR91804202?100?tnemdnemA?tcartnoC?edargpU?sdiloS?dna?diuqiL?PRW:stnemhcattA rekaB?ttaM:yB?deraperP.stimrep?egrahcsid?ruogniteem?ni?d evlovni?tnempiuqe?retawetsaw?ot?detaler?ton?si?krow?eht?esuaceb?ylno?detneserp?si?etanretlasihT?.dennalp?si?tcejorp?dnoces?a?sa?etalacse?ot?eunitnoc?lliw?stsoc?dna?etad?retal?a?ta?deriuqer?ebllits?dl uow?krow?siht?esuaceb?noitca?yramirp?eht?sa?detseuqer?ton?si?sihT?.4202?,01?enuJ?no?noitatneserpnoisseS?ydutS?licnuoC?eht?ta?dessucsid?tnuoma?eht?ot?nwod?stsoc?tcejorp?gnirb?lliw?etanretlasihT?.402,7 53,98$?fo?tsoc?PMG?wen?a?rof?tcejorp?siht?morf?stnemevorpmi?gnidliub?rebburcs?rodoeht?evomer?ot?123,239,1$?fo?noitcuded?etanretla?na?evorppa?ot?si?tcejorp?siht?rof?noitca?evitanretla?nA:)s(noitcA?evi tanretlA.tcejorp?siht?fo?noitatnemelpmi?eht?troppus?7202?hguorht?2202?rof?setar?retawetsaw?devorppa?ehT?.ydutsetar?rewes?7202-2202?devorppa-licnuoC?eht?ni?tcejorp?siht?rof?detnuocca?sah?dnuF?esirpret nE?reweS?ehT?.ytilicaf?eht?ta?stcejorp?rehto?morf?dezilaersgnivas?ygrene?tnecer?tcelfer?ot?detadpu?neeb?evah?sgnivas?esehT?.stsoc?lacimehc?launna?ni?000,071$dna?noitpmusnoc?rewop?ni?yllaunna?000,032$ ?evas?ot?detcepxe?si?tcejorp?siht?fo?noitatnemelpmI?.tnecrep?eerht?ot?pu?fo?sredro?egnahc?dna?segarevorevoc?ot?elbaliava?sdnuf?sah?osla?dnuF?esirpretnE?reweS?ehT?.naol?eht?fo?trap?sa?dedulcni?ton?era dna?secivres?troppus?dna?gnitset?,gnireenigne?rof?diap?sah?sgninrae?deniater?dnuF?esirpretnE?reweS?ehT?.margorp?siht?rof?gnidnuf?sevorppa?noitalsigel?fi?000,000,7$?fo?mumixam?a?ta?tes?yltnerruc?,dnuf e 190 EJCDC®?CMAR-943,?Contract?Amendment—Construction?Ma 191 Amendment?as?shown?below.?The?completion?dates?are?modified?by?this?Contract??te?designated?in?the?Agreement.?Project?will?reach?Substantial?Co mpletion?by?the?daact?Amendment—CMAR?is?to?complete?Work?so?The?completion?dates?are?not?modified?by?this?Contr?Change?in?Contract?Times?for?Contract?Amendment??368,420$91,t:?Contract?Price?incorpora ting?this?Contract?Amendmen?289,525$91,?this?Contract?Amendment:?Increase?$78,895Contract?Price?prior?to?this?Contract?Amendment??0?from?previously?approved?Contract?Amendment??Increase Net??$78,895Original?Contract?Price?this?Work?Authorization??Change?in?Contract?Price?Project?Schedule?Exhibit?B.3?Qualifications?and?Assumptions?–?Exhibit-B.2?Guaranteed?Maximum?Price?Summary?–?Exh ibit-B.1?Attachments:?the?attached?documents?referenced?below.??and?Solids?Upgrade?Project?as?further?defined?in?associated?with?the?Water?Reclamation?Plant?Liquidsporate?the?Guaranteed?Maximum?Price ?for?work?This?amendment?modifies?contract?Exhibit-B?to?incor Description:?of?this?Contract?Amendment:?The?Contract?is?modified?as?follows?upon?execution?mendment:??Contract?Amendment:??olids?Upgrade ?Upgrade??Construction?Manager?at?Risk:?AP?Midwest,?LLC????Engineer:?Brown?and?Caldwell???Owner’s?Advisor:?Brown?and?Caldwell???Owner:?City?of?Rochester??J4411?Project?No.??CONTRACT?AMENDMENT?NO.?01? Page?1?of?2??reserved.?and?American?Society?of?Civil?Engineers.?All?rightsmerican?Council?of?Engineering?Companies,??2023?National?Society?of?Professional?Engineers,?A©Copyrightnager?at?Risk?Series.? EJCDC®?CMAR-943,?Contract?Amendment—Construction?Ma 192?Date:????Title:???City?Clerk????Name:????By:?Attest:?Brown?and?Caldwell????Date:????Title:?President??Mayor?Bradley?Hendrickson??Kim?Norton?Nam e????By:?Owner????CMAR??2026-31-12??NA??NA?Final?Completion08-18-2025??NA??Plant?Offline?NA?Milestone?#1?Cryogenics??sCompletion?Date?Current??Previous??Original?Page?2?of?2??reserved.?and?American?S ociety?of?Civil?Engineers.?All?rightsmerican?Council?of?Engineering?Companies,??2023?National?Society?of?Professional?Engineers,?A©Copyrightnager?at?Risk?Series.? GUARANTEED MAXIMUM PRICE SUMMARY – EXHIBIT-B.1 193 Exhibit B.1 194 QUALIFICATIONS AND ASSUMPTIONS – EXHIBIT-B.2 195 196 Exhibit B.2 letion and readiness for final payment, as duly adjusted pursuant to the Contract, for compremaining Work within the Contract Times, refuse, or fail to achieve Final Completion of the ompletion, if CMAR shall neglect, 2. Completion of Remaining Work–After Substantial C substantially complete. above for Substantial Completion, until the Work isted pursuant to the Contract, specified each day that expires after the time, as duly adjus 1 –CMAR shall pay Owner $2000 for 1. Substantial Completion associated with Milestone 15.03 Liquidated Damages replace the following sections in the contract: 3) Final agreed upon liquidated damages language to $1,500,000 is available for Owner use. Proposal in the amount of f. Pricing assumes Owner Contingency outside of GMP this GMP proposal amount. Contingency per Addendum #2 and are not included in601 shall be paid from Owner e. Costs related to the work of Keynote 5 on ED-34-ded in scope of work. d. All work related to Intercom/Paging is not inclucope of work. c. Launder Covers at FC #1-#4 are not included in sdous soils b. Handling / disposal of contaminated and or hazara. Third party commissioning agent and/or services 2. Exclusions 646. coat of Sherwin-Williams macropoxy coat of Sherwin-Williams bonding primer and one (1)f FRP duct is sand, solvent wipe, one (1) k. Painting of FRP duct exposed to view. Process oand USG DONN Brand DX24 grid. 0 ME2220 USG Radar Acoustical Panels, j. Acoustical ceilings includeds flat white 050-222 i. Includes 780 feet of Drilled Pier – Construction h. Includes 210 feet of Drilled Pier - Rock Socket.xcavation g. Includes 528 feet of Drilled Pier – Overburden Ef. Includes 4,315 cy of Rock Excavation. e. Addendum No. 2, dated 7/23/2024 d. Addendum No. 1, dated 7/15/2024 7/9/2024) ated June 2024 (issued with IFB set c. Project Additional Information, Volume 3 of 3, ddated 07/09/24 b. Project Drawings,Issued For Bid, Volume 2 of 3, issued with IFB set 7/9/2024) a. Project Manual, Volume 1 of 3, dated July 2024 (1. Inclusions General Clarifications 2/2024 Clarifications for GMP Proposal Estimate dated 08/1 Upgrade Rochester Water Reclamation Plant Liquid and Solids 197 a. Project has achieved Final Completion. requirements have been met: omplete when the following 2. The Milestone will be considered substantially cn or before December 31st, 2026. 1. This Milestone must be substantially completed ong final completion for the project. C. Completion of Remaining Work – Defined as achieviimporting of liquid oxygen. plant fails and causes the owner to incur cost for point in time where the existing operational damages would not be enforced until the Cryogenics equipment is still grace period has passed and the owners existing HPO complete. If the date plus stated Work Authorization, until the Work is substantiallyor Substantial Completion of this adjusted pursuant to the Contract, specified above fires after the time, as duly 3. CMAR shall pay Owner $2000 for each day that expine. a. Taking the existing HPO Cryogenics equipment o?lrequirements have been met: omplete when the following 2. The Milestone will be considered substantially ca 30 calendar day grace period. , 2025 plus th n or before August 181. This Milestone must be substantially completed o equipment o?line B. Milestone 1 – Taking the existing HPO Cryogenicsseparate Work Authorization. ng Milestone(s) will be included in a A. Work required to be complete to meet the followi 15.05 Milestones and Associated Damages 15.04 Not used damages. liable for any further liquidated damages or delay he Construction Manager shall not be dollars ($200,000). Once this maximum is reached, td total of two hundred thousand Final Completion shall not exceed a maximum combinehe liquidated damages for Milestone 1 or direct, excess, or consequential, for such delay, Tany other damages, whether actual, such delay, and Owner is precluded from recovering Owner’s sole and exclusive remedy for Milestone by CMAR, then such liquidated damages are in completion of the Project or a specified 4. If Owner recovers liquidated damages for a delayimporting of liquid oxygen. plant fails and causes the owner to incur cost for until the point in time where the existing is still operational damages would not be enforced ners existing HPO Cryogenics equipment date plus stated grace period has passed and the owe, until that Milestone is achieved. If the Contract, specified for achievement of each Milestoneriod, as duly adjusted pursuant to the that expires after the time plus the stated grace pcified in Paragraph 15.05 for each day 3. Milestone 1. CMAR shall pay Owner the amount spedetermined to be finally complete. after such time until the Work is CMAR shall pay Owner $500 for each day that expires 198 Pump 1 Sulzer Digesters 1-4 Complex Sump 43 23 80.11 SP-C03-04-01 1&2 Sulzer Loadout Elevator Sump Pumps 43 23 80.11 SP-C03-03-01 & -02 43 23 56.12 P-C10-03-19 Filtrate Sample Pump Xylem Pump Xylem Primary 1 & 2 Effluent Sample 43 23 56.12 P-B10-05-01 tal 43 23 51.11 P-C14-01-08 Sludge Recirc Pump 1 Hidrosmps 1 & 2 Weinman 43 23 31.14 M-J04-01-01 & -012 Secondary Effluent Pu1 & 2 Cornell 43 23 05 P-B20-02-01 & -02 Hydrocyclone Feed Pumps 43 23 05 P-B20-03-01 & -02 WAS Pumps 1 & 2 Cornell nell 43 23 05 P-D16-04-02 & -03 FC #4 RAS Pumps 1A/B Corrnell 43 23 05 P-D16-03-02 & -03 FC #3 RAS Pumps 1A/B Conell 43 23 05 P-D16-02-02 & -03 FC #2 RAS Pumps 1A/B Cornell 43 23 05 P-D16-01-02 & -03 FC #1 RAS Pumps 1A/B Corumps Vanton 43 21 39.13 SP-E03-02-01 & -02 Scrubber Room Sump PEquip & Specialties Varec Digester Gas Handling & Safety 43 13 46 var ioReactors Kaeser 43 11 33 M-K13-04-01 (Blower 4) Serves Third Stage BBioReactors Kaeser 43 11 33 M-K13-03-01 (Blower 3) Serves Second Stage Package below Included with Scrubber 1 43 11 19.13 M-E05-01-01 Scrubber Fans, Class 1 Div Package below Included with Scrubber 43 11 19.13 M-E05-04-01 Scubber Fans, Class 1 Div 1lfa-Laval 42 13 19 HE-J04-01-12 LTW EFF Heat Exchanger No. 3 Alfa-Laval 42 13 19 HE-J04-01-11 LTW EFF Heat Exchanger No. 2 Alfa-Laval 42 13 19 HE-J04-01-10 LTW EFF Heat Exchanger No. 1 A42 12 13 M-C15-02-01 Hot Water Cleaning System Sioux Aurora Series 413. o get a quote from WW Goetsch for the Weinman via Electric Pump. We have not been able tary Effluent Pumps 1 & 2 are quoted by as listed below, with one exception that the Secondurers for process equipment (Divisions 42-46), 1. Clarifications: We have included listed manufactProcess Equipment Authorization. or final Completion of this Work adjusted pursuant to the Contract, specified above fres after the time, as duly 3. CMAR shall pay Owner $500 for each day that expi 199 P 46 77 01 FP-C10-01/02-01 GBT Control Panel 1 & 2 BDBDP 46 77 01 M-C10-01/02-01 Gravity Belt Thickener 1 & 2 ta Filters 46 61 73 M-J04-01-20 Secondary Effluent Strainer Forslters 46 61 73 M-C10-08-01 Belt Wash Water Strainer Forsta Fis 46 61 73 M-C25-03-01 Spray Water Strainer Forsta Filterrld Water Works 46 54 01 M-B20-01-01/02 Hydrocyclone Skids 1 & 2 Wod 04/08/12 TSB 1/2/3 Zones 1-4 Aeration Owner FurnisheD-K14-01/02/03-46 51 33 d 21/22/23 SSB 1/2/3 Zones 1-4 Aeration Owner FurnisheD-K12-01/02/03-46 51 33 46 41 26 M-B13-01/02/03-01 TSB-1/2/3 Mixers Lightnin 46 41 26 M-J12-01/02/03-03 SSB-1/2/3 Mixers Lightnin46 41 26 M-B12-01-14/15/16 FSB Mixers 4-6 Lightnin 46 41 26 M-B12-01-01/02/03 FSB Mixers 1-3 Lightnin Xripper / Vogelsang 46 24 23 M-C14-01-10 Digested Sludge Recirc Grinder er / Vogelsang 46 24 23 M-B10-01-02 PC #1 & #2 Grinder No. 2 XrippFlume Tech Sales Final Clarifier 5 Influent Cutthroat 46 20 22 FE-K14-05-02 es 46 05 19 M-A16-01-06 to -05-06 Samplers 1-5 Tech Sal44 31 11 M-E05-04-01 Primary: Scrubber Fan Daniel Daniel 44 31 11 P-E05-06-01 Primary: Scrubber Recirc Pump l 44 31 11 M-E05-05-01 Primary: Scrubber Vessel DanieDaniel 44 31 11 M-E05-01-01 Solids Handling: Scrubber Fan Pump Daniel Solids Handling: Scrubber Recirc 44 31 11 P-E05-03-01 el Daniel 44 31 11 M-E05-02-01 Solids Handling: Scrubber VessSystems Vaughn Digester 1 & 2 Hydraulic Mixing Spec with 43 24 72 Jet Mixing nozzles - Perf 46 41 21 43 24 72 P-C14-15-01 Digester Mixing Pump Vaughn yno 43 24 51 P-C12-15-03 Solids Storage Loadout Pump Mo& 2 Moyno 43 24 51 P-C11-02-01 & -02 Thickened Sludge Pump 1 & 2 Abel Pumps Digested Sludge Transfer Pump 1 43 24 27 P-C16-01-01 & -02-01 & 2 Abel Pumps 43 24 27 P-B10-01-01 & -02-01 Primary Sludge Pump 1 Grundfos 43 23 92 P-C25-01-01 & -02-01 Spray Water Pump 1 & 2Grundfos 43 23 92 P-C10-07-01 & -02 Belt Washwater Pump 1 & 2 43 23 89.11 P-J07-01-01 Flush Water Pump ITT Goulds r 43 23 80.11 SP-C03-05-01 Day Tank Sump Pump 1 SulzePumps 1&2 Sulzer No. 2 Sump Digester Control Bldg43 23 80.11 SP-C03-02-01 & -02 200 s and hanger type/locations iii. Shop drawings showing layouts of piping systemal is required. supports/devices is required. Product data submitt-the-shelf” purchased ii. No additional third-party design review of “offdrawings are required. Structural drawings is required. Fabrication shop ipe support details shown on i. No additional third-party design review of the pc. Design Professional and Submittal Requirements /or schedule impact. pipe fabrication, may result in additional cost andafter order placement, and especially after fittings may be suitable. Changes to fitting type s possible where standard-radius Our intent is to mitigate schedule impact as much ait is critical to the system performance. fittings on DIP piping systems less than 12” where limit long-radius items to 90-degree unpredictable lead times, our recommendation is to ndard item with potentially long and b. Recognizing that long-radius bends are a non-sta modified vii. Existing piping: no new coatings on piping notd. vi. PVC: chemical systems piping only will be coatev. Exposed Copper piping: no coating iv. Hobas piping: no coating specified/required. iii. Stainless Steel piping: no coating required. off. s will not be required to be masked ii. Ductile and Steel piping: coated in field, boltded in the field. with factory prime coat; finish coats will be provish coating. Pipe will be supplied i. Piping suppliers will not factory coat with finia. Coatings: 1. Clarifications: Process Mechanical its. g. Includes Trane “basis of design” Air Handling UnExcavation and restoration provided by other scopest for the exhaust fan shown on M-67-101. f. Includes furnish and install of the precast vaulProcess Integration scope. Appendix are provided by the Electrical / e. Assumes all instruments scheduled in 40 06 70 - Mechanical scope. 06 20.13 are provided by Process d. Assumes all automated valves per schedule in 40 piping schedule. 02/103. This piping system is not on the c. Includes Subdrain piping indicated on D-81-101/1e of existing for balance. mixture) is included. Pricing assumes reclaim/reus gallons of additional fluid (glycol/water b. Glycol for Hydronic systems: Approximately 1,000asic support only is included. a. Duct at M-81-105 does not have support shown. B1. Clarifications HVAC and Plumbing alve BDP 46 77 01 FV-C10-01/02-12 GBT 1 & 2 Inlet Box Drain V 46 77 01 M-C10-01/02-13 GBT 1 & 2 Belt Tensioner BDPe 1 & 2 BDP 46 77 01 M-C10-01/02/03-17/18 GBT 1/2/3 Mixing Valv 201 b. Fire Alarm d relocated cameras. v. Price includes new category 6 cabling for new an iv. Price includes relocating (2) existing cameras.icenses for the 2-new cameras. iii. Price includes (2) Milestone XProtect camera lii. Price includes pendant and wall mounts. meras. i. Provide (2) Axis 3737-PLE 20MP, 360 panoramic caa. Video Surveillance 1. Inclusions Low Voltage Electrical Systems 8/8/2024. ded by Matt Baker by email on Specification Rochester Upgrade Project” PDFs provipdated” and “Variable Frequency Drive d. VFDs are included/excluded per the “VFD LIST – Usupport racks. through tunnels includes use of existing c. Routing of conduits through the existing campus cutover. al systems until new is available for breakers for power and controls to support mechanicused or existing motor starters, VFDs or b. Limited temporary electrical equipment, such as gs only. a. Lighting: number of fixtures indicated on drawin1. Clarifications: Electrical a. None – No work shown 1. Inclusions Fire Protection Piping assumed to be by Owner. l. Process chemicals for start-up and operation areProcess Mechanical sub can be used. included to the extent piping already owned by the ing. Temporary piping, if required, is permanent piping by alteration to the supports/rout to TSB Basin is expected to utilize the k. Temporary supply of air from SSB Blower Buildingshown. or bulkheads are included except where j. No provisions for temporary pumping, by-passing excluded per recommendation from Quabbin. of Cast Iron slide gates and frames is i. 40 05 59.33.2.02.C.1 – Sandblasting or recoating specification is not workable. modified by mutual agreement in locations that thisrements of 40 05 01.3.25 may be waived / h. 40 05 01.3.25 – Cleaning and Flushing: the requis may be limited by space available. g. 40 05 01.3.12 – Exposed Installation: clear areaonly where shown on the Drawings. f. 40 05 01.3.10 – Takedown Couplings are included sions for system design are included. flanged joint on only the listed systems. No provie similar to copper strap across a e. 40 05 01.3.06 – Bonding jumpers are assumed to bnot included. tanks for installation of aeration system is d. Mitigating winter conditions within the process to support schedule. iv. Submittals may be phased / partial as required are required. 202 ve work in Area 30 from scope: $1,932,321 Alternates: Scrubber Area: Deduct Alternate to remo oot 4. Drilled Pier – Construction $155.65 per lineal fot. 3. Drilled Pier – Rock Socket $484.17 per lineal fo lineal foot 2. Drilled Pier – Overburden Excavation $158.25 per1. Rock excavation $41.11 per cubic yard Unit Prices: Box construction: $80,000 4. Temporary support of ductbank during PE Splitter3. Rock excavation allowance 1,333 cy: $54,800 2. Temporary dewatering allowance: $211,588 nce: $55,200 1. Third stage bioreactor temporary bulkhead allowa Allowances: a. Software and programming to be by Owner / ITE. 2. Exclusions b. LAP panels – new backboards a. Demolition 1. Inclusions Process Control Electrical Systems how the other panel are to connect to it. l in administration building or v. Will need to know exact model of fire alarm panering alarm and trouble). which could be either (Network connection or Monitoanel but not defined as purpose iv. Wiring is noted to be installed from panel to pposal. shown on drawings and none are included in this proe, Horn only or Strobe only) are iii. No fire alarm notification devices (Horn/strobare included in this proposal. s) are shown and none devices (Detectors, Monitor modules or Relay moduleawings, no fire alarm input ii. Except for duct smoke detectors shown on the drs proposal. modules and no cards or modules are provided in thi provided correct cards or i. Will need to know exact model number of panel toe. Fire Alarm d. Paging/Intercom System - complete c. Utility charges b. Generators for temporary power systems not modified in this scope a. Testing or commissioning of existing electrical 2. Exclusions iii. Blower Building 2 Fire Alarm Scope as shown shown ii. Digester Control Building 2 Fire Alarm Scope asi. Energy Building West Fire Alarm Scope as shown 8/12/2024 203 tesStandard?Construction,?and?Administrative?Hourly?Ra e?includes?escalation?of?rates.Rate?changes?are?as?of?May?1?of?each?year.??Estimat$????????????????$????????????????112.00$??????? ?????????107.00Laborer102.00$????????????????$????????????????119.00$????????????????113.00Labor?Forman108.00$????????????????$????????????????124.00$????????????????118.00Carpenter112.00$??????????? ?????$????????????????130.00$????????????????124.00Carpenter?Forman118.00$????????????????$????????????????129.00$????????????????123.00Fork?Lift?Operator117.00$????????????????$????????????????129.0 0$????????????????123.00Crane?Operator117.00 ly?Rate2026?Hourly?RateField?Construction?Support2024?Hourly?Rate2025?Hour$????????????????$????????????????137.81$????????????????131.25Scheduling?Manage r?125.00$????????????????$????????????????152.15$????????????????144.90Saftey?Director138.00$????????????????$????????????????121.28$????????????????115.50BIM?/?CADD110.00$????????????????$?????????? ??????152.15$????????????????144.90M?&?E?Project?Manager138.00$??????????????????$??????????????????93.71$??????????????????89.25Project?Coordinator85.00$????????????????$????????????????110.25$????? ???????????105.00Estimator100.00$????????????????$????????????????143.33$????????????????136.50Senior?Estimator130.00$????????????????$????????????????154.35$????????????????147.00Chief?Estimator140. 00$????????????????$????????????????176.40$????????????????168.00Director?of?Estimating160.00 te2026?Hourly?Rate?Construction?Support2024?Hourly?Rate2025?Hourly?Ra$????????????????$????????????????13 7.81$????????????????131.25Quality?Manager125.00$????????????????$????????????????137.81$????????????????131.25On-Site?Saftey?Manager125.00$????????????????$????????????????121.28$????????????????115 .50Site?Coordinator110.00$????????????????$????????????????121.28$????????????????115.50Asst.?Superintendent110.00$????????????????$????????????????137.81$????????????????131.25Superintendent125.00$? ???????????????$????????????????154.35$????????????????147.00Sr.?Superintendent140.00 ourly?Rate2026?Hourly?RateConstruction?Field?Management2024?Hourly?Rate2025?H$??????????????????$???????????????? ??99.23$??????????????????94.50Project?Engineer90.00$????????????????$????????????????112.46$????????????????107.10Asst.?Project?Manager102.00$????????????????$????????????????137.81$???????????????? 131.25Project?Manager125.00$????????????????$????????????????154.35$????????????????147.00Senior?Project?Manager140.00$????????????????$????????????????154.35$????????????????147.00Project?Executive1 40.00?Hourly?Rate2026?Hourly?RateConstruction?Project?Management2024?Hourly?Rate2025 PROJECT SCHEDULE EXHIBIT B.204 3 Activity ID 205 Exhibit B.3 Rochester Water Reclamation Plant SummaryMilestone15-Jul-24 18:1408-Jul-25, Task 6 - TSB T3 Online T1 Offlineluent Channel Modifications03-Jul-25, Task 5 - TSB Influent Splitter Box & Eff26-Jun-25, Task 4/4A - TSB Wall Penetration19-Jun-25, Task 3 - Commission SSB Train 1 & 223-May-25, Task 2 - Influent SSB & Primary 3 & 5ications18-Aug-25, Task 1 - SSB Train 1 & TSB Train 2 Modif18-Aug-25, Phase 2 - SSB Train 1 & TSB Train 211-Feb-25, Task 10 - SSB Train 1 - Washdown04-Feb-25, Task 9 - HPO Shutdown - 24 Hours - TSB C03-Feb-25, Task 8 - TSB Train 2 - Washdown27-Jan-25, Task 7 - TSB Train 3 - Commissioningannel Mods20-Jan-25, Task 6 - HPO Offline - 24 Hours - TSB Ch14-Jan-25, Task 5 - SSB Train 2 - Commissioning17-Jan-25, Task 4 - SSB Train 2 & TSB Train 3Mods19-Sep-24, Task 3 - 12 Hour Shutdown - TSB Channel 18-Sep-24, Task 2 - SSB Train 1 Online - Reseed17-Sep-24, Task 1 - 7 Day Shutdown - SSBin 209-Sep-24, Task 0 - Washdown TSB Tank 3 and FSB Tra11-Feb-25, Phase 1 SSB Train 2 & TSB Train 330-Jun-26, Liquids Plant - Phases 1-425-Nov-26, CONSTRUCTION ACTIVITIESFinal CompletionSolids Upgrades CompleteSubstantial CompletionPhase 4 CompletePhase 3 CompletePhase 2 Complete - Cryogenics Plant OfflinePhase 1 Complete31-Dec-26, PROJECT MILESTONES06-Apr-26, Procurement20-Aug-25, Review - Submittals/Shop Drawings04-Aug-25, Submittals/Shop Drawings06-Apr-26, ProcurementGMP AmendmentPermitProposals Due to AP06-Sep-24, Preconstruction Phase06-Apr-26, Preconstruction31-Dec-26, PROJECT MANAGEMENT31-Dec-26, Rochester Water Reclamation Plant 2027202620252024JanDecNovOctSepAugJulJunMayAprMarFebJanDecNovOctSepAugJulJunMayAprMarFebJanDecNovOctSepAugJulJun 08-Jul-2508-Jul-251 Task 6 - TSB T3 Online T1 OfflineTask 6 - TSB T3 Online T1 Offline 03-Jul-2527-Jun-255 el ModificationsTask 5 - TSB Influent Splitter Box & Effluent Channel ModificationsTask 5 - TSB Influent Splitter Box & Effluent Chann 26-Jun-2520-Jun-257 Task 4/4A - TSB Wall PenetrationTask 4/4A - TSB Wall Penetration 19-Jun-2513-Jun-257 Task 3 - Commission SSB Train 1 & 2Task 3 - Commission SSB Train 1 & 2 23-May-2526-Mar-2543 Task 2 - Influent SSB & Primary 3 & 5Task 2 - Influent SSB & Primary 3 & 5 18-Aug-2512-Feb-25132 Task 1 - SSB Train 1 & TSB Train 2 ModificationsTask 1 - SSB Train 1 & TSB Train 2 Modifications 18-Aug-2512-Feb-25132 Phase 2 - SSB Train 1 & TSB Train 2Phase 2 - SSB Train 1 & TSB Train 2 11-Feb-2505-Feb-257 Task 10 - SSB Train 1 - WashdownTask 10 - SSB Train 1 - Washdown 04-Feb-2504-Feb-251 Task 9 - HPO Shutdown - 24 Hours - TSB Channel ModsTask 9 - HPO Shutdown - 24 Hours - TSB Channel Mods 03-Feb-2528-Jan-257 Task 8 - TSB Train 2 - WashdownTask 8 - TSB Train 2 - Washdown 27-Jan-2521-Jan-257 Task 7 - TSB Train 3 - CommissioningTask 7 - TSB Train 3 - Commissioning 20-Jan-2520-Jan-251 Task 6 - HPO Offline - 24 Hours - TSB Channel ModsTask 6 - HPO Offline - 24 Hours - TSB Channel Mods 14-Jan-2508-Jan-257 Task 5 - SSB Train 2 - CommissioningTask 5 - SSB Train 2 - Commissioning 17-Jan-2509-Sep-2490 Task 4 - SSB Train 2 & TSB Train 3Task 4 - SSB Train 2 & TSB Train 3 19-Sep-2419-Sep-241 Task 3 - 12 Hour Shutdown - TSB Channel ModsTask 3 - 12 Hour Shutdown - TSB Channel Mods 18-Sep-2418-Sep-241 Task 2 - SSB Train 1 Online - ReseedTask 2 - SSB Train 1 Online - Reseed 17-Sep-2409-Sep-247 Task 1 - 7 Day Shutdown - SSBTask 1 - 7 Day Shutdown - SSB 09-Sep-2409-Sep-241 Task 0 - Washdown TSB Tank 3 and FSB Train 2Task 0 - Washdown TSB Tank 3 and FSB Train 2 11-Feb-2509-Sep-24107 Phase 1 SSB Train 2 & TSB Train 3Phase 1 SSB Train 2 & TSB Train 3 30-Jun-2609-Sep-24458 Liquids Plant - Phases 1-4Liquids Plant - Phases 1-4 25-Nov-2609-Sep-24562 CONSTRUCTION ACTIVITIESCONSTRUCTION ACTIVITIES 31-Dec-260Final CompletionM104025-Nov-260Solids Upgrades CompleteM111025-Nov-260Substantial CompletionM101030-Jun-260Phase 4 CompleteM109030-Jan-260Phase 3 CompleteM108018-Aug-250Phase 2 Complete - Cryogenics Plant OfflineM107011-Feb-250Phase 1 CompleteM106031-Dec-2611-Feb-25477 PROJECT MILESTONESPROJECT MILESTONES 06-Apr-2610-May-24 A391 ProcurementProcurement 20-Aug-2511-Sep-24239 Review - Submittals/Shop DrawingsReview - Submittals/Shop Drawings 04-Aug-2527-Aug-24237 Submittals/Shop DrawingsSubmittals/Shop Drawings 06-Apr-2610-May-24 A406 ProcurementProcurement 06-Sep-2427-Aug-248AP MobilizeA116006-Sep-2427-Aug-24*8Contract with SubcontractorsA100026-Aug-24*0GMP AmendmentA296026-Aug-2420-Aug-2455 Days for Mayor SignatureA130020-Aug-240PermitA117019-Aug-241 9-Aug-24*1City Council Meeting-Approve GMPA129030-Jul-24*0Proposals Due to APA144005-Aug-2430-Jul-245GMP PreparationA128009-Aug-2430-Jul-249Sub/Vendor SelectionA126006-Sep-2430-Jul-2428 Preconstruction PhasePreconstruction Phase 06-Apr-2610-May-24 A426 PreconstructionPreconstruction 31-Dec-2610-May-24 A612 PROJECT MANAGEMENTPROJECT MANAGEMENT 31-Dec-2610-May-24 A612 Rochester Water Reclamation PlantRochester Water Reclamation Plant FinishStartDurActivity Name Activity ID 206 Rochester Water Reclamation Plant SummaryMilestone15-Jul-24 18:1431-Dec-26, OVERALL PROJECT CLOSEOUT10-Mar-26, SSB Train 3 - Area 8114-Apr-26, Site Civil/Utilities25-Nov-26, Solids Upgrades30-Jun-26, Task 6 - Final Cleanup Work Of SSB Basin 2 / TSB Basin 202-Jun-26, Task 5 - Final Cleanup Work Of SSB Basin 1 / TSB Basin 304-May-26, Task 4 - Final Cleanup Work Of SSB Basin06-Apr-26, Task 3 - Commission SSB Train 330-Mar-26, Task 2 - Commission PC-323-Mar-26, Task 1 - PC-3 Modifications30-Jun-26, Phase 4 Primary Clarifier & Comissioning21-Jan-26, Task 7 - Commission PE Splitter & FBS12-Jan-26, Task 6 - Complete / Commission TSB T1B Train 1 Bulkhead (8HR Shutdown)02-Jan-26, Task 5 - Whole Plant Shutdown. Remove TS29-Jan-26, Task 4 - TSB Train 1 / FSB30-Jan-26, Task 3 - PC 1 & 220-Oct-25, Task 2 - Task 2A, 2B, 2Cods17-Oct-25, Task 1 - TSB T1 Piping / FSB and Other M30-Jan-26, Phase 3 PC-1 and PC2/TSB-1/FSB-1/FSB228-Jul-25, Task 9 - TSB T2 Commission17-Jul-25, Task 8 - Phase 2 Final Modifications16-Jul-25, Task 7 - TSB T1 & T2 Pipe Penetrations 2027202620252024JanDecNovOctSepAugJulJunMayAprMarFebJanDecNovOctSepAugJulJu nMayAprMarFebJanDecNovOctSepAugJulJun 31-Dec-2630-Nov-2622 OVERALL PROJECT CLOSEOUTOVERALL PROJECT CLOSEOUT 10-Mar-2631-Mar-25239 SSB Train 3 - Area 81SSB Train 3 - Area 81 14-Apr-2627-Sep-24390 Site Civil/UtilitiesSite Civil/Utilities 25-Nov-2606-Nov-24520 Solids UpgradesSolids Upgrades 30-Jun-2603-Jun-2620 sin 1Task 6 - Final Cleanup Work Of SSB Basin 3 / TSB Basin 1Task 6 - Final Cleanup Work Of SSB Basin 3 / TSB Ba 02-Jun-2605-May-2620 sin 2Task 5 - Final Cleanup Work Of SSB Basin 2 / TSB Basin 2Task 5 - Final Cleanup Work Of SSB Basin 2 / TSB Ba 04-May-2607-Apr-2620 sin 3Task 4 - Final Cleanup Work Of SSB Basin 1 / TSB Basin 3Task 4 - Final Cleanup Work Of SSB Basin 1 / TSB Ba 06-Apr-2631-Mar-267 Task 3 - Commission SSB Train 3Task 3 - Commission SSB Train 3 30-Mar-2624-Mar-267 Task 2 - Commission PC-3Task 2 - Commission PC-3 23-Mar-2630-Jan-2637 Task 1 - PC-3 ModificationsTask 1 - PC-3 Modifications 30-Jun-2630-Jan-2610 7 Phase 4 Primary Clarifier & ComissioningPhase 4 Primary Clarifier & Comissioning 21-Jan-2613-Jan-267 Task 7 - Commission PE Splitter & FBSTask 7 - Commission PE Splitter & FBS 12-Jan-2602-Jan-267 Task 6 - Complete / Commission TSB T1Task 6 - Complete / Commission TSB T1 02-Jan-2631-Dec-251 ulkhead (8HR Shutdown)Task 5 - Whole Plant Shutdown. Remove TSB Train 1 Bulkhead (8HR Shutdown)Task 5 - Whole Plant Shutdown. Remove TSB Train 1 B 29-Jan-2619-Aug-25112 Task 4 - TSB Train 1 / FSBTask 4 - TSB Train 1 / FSB 30-Jan-2616-Jan-2610 Task 3 - PC 1 & 2Task 3 - PC 1 & 2 20-Oct-2518-Oct-253 Task 2 - Task 2A, 2B, 2CTask 2 - Task 2A, 2B, 2C 17-Oct-2519-Aug-2543 Task 1 - TSB T1 Piping / FSB and Other ModsTask 1 - TSB T1 Piping / FSB and Other Mods 30-Jan-2619-Aug-25112 Phase 3 PC-1 and PC2/TSB-1/FSB-1/FSB2Phase 3 PC-1 and PC2/TSB-1/FSB-1/FSB2 28-Jul-2517-Jul-257 Task 9 - TSB T2 CommissionTask 9 - TSB T2 Commission 17-Jul-2516-Jul-251 Task 8 - Phase 2 Final ModificationsTask 8 - Phase 2 Final Modifications 16-Jul-2510-Jul-257 Task 7 - TSB T1 & T2 Pipe PenetrationsTask 7 - TSB T1 & T2 Pipe PenetrationsFinishStartDurActivity Name RESOLUTION 207 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .4202APPROVED THIS _____ DAY OF ______________________, CITY CLERK TEST: __________________________AT PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .4202ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF the same. shall be deemed to have abandonedafter the contract is ready for their signature, and if not executed by them in said time, they shall execute all contracts within ten days CMARBE IT FURTHER RESOLVED that the and ;No. J4411Project –Solids Upgrade and Rochester Liquidfollowing approved local improvements: , is authorized for the Contract Amendment the of execution and accepted hereby is ,289,525, increasing total project cost to $91,368,42091,$Guaranteed Maximum Price of with Adolfson and Peterson Construction for amendment contract a enter into Minnesota,Rochester, of City the of Council Common the by RESOLVED IT BE THEREFORE, NOW, .J4411 -Liquid and Solids Upgrade Water Reclamation Plant following improvement(s): Rochester for the for Construction Manager at Risk (CMAR) services a competitive selection processawarded the contract through has beenAdolfson and Peterson Construction WHEREAS, .4411J -Solids Upgrade and Liquid Water Reclamation Plant Rochester for Amendment Awarding Contract M 208 ytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.tcejorp?siht?fo?trap?sa?detelpmoc?eb?lliw?seicneiciffegnitarepo?etaerc?dna?tnempiuqe?gniga?sserdda?ot?stnemevorpmi?yt ilicaf?rehto?lareveS?.timil?timreptnegnirts?erom?eht?teem?ot?su?swolla?osla?surohpsohp?lacigoloiB?.slacimehc?evisnepxe?ylgnisaercnino?tnedneped?gnieb?naht?rehtar?yllacigoloib?surohpsohp?evomer?ot?yti liba?eht?sedivorp?osla?tnemtaertrof?noitarugifnoc?O/A?eht?ot?gnitrevnoC?.stsoc?ecnanetniam?dna?noitarepo?rewol?ot?tnalp?tnemtaert?elgnisa?edivorp?ot?tnalP?CBA?eht?sa?noitarugifnoc?O/A?emas?eht?ot?tna lp?OPH?eht?trevnoc?lliw?tcejorp?ehT?.noitarugifnoc?)O/A(?cixO/ciboreanA?eht?gnisu)CBA(?xelpmoC?nisaB?noitareA?eht?htiw?redniamer?eht?dna?)tnalP?negyxO?cinegoyrC?eht?sedulcni?hcihw(tnalP?)OPH(?negyxO? ytiruP?hgiH?eht?htiw?wolf?eht?fo?%57?gnitaert?fo?stsisnoc?ssecorp?tnerruc?ehT?.efillufesu?sti?fo?dne?eht?gnihcaer?tnempiuqe?sserdda?dna?tem?eb?nac?noitacolla?daol?surohpsohp?tnegnirtserom?,deriuqer-e tatS?a?taht?erusne?ot?dedeen?si?tcejorp?edargpU?tnemtaerT?sdiloS?dna?diuqiL?ehT?.ngised?dereenigneeht?htiw?krow?s'rotcartnoc?eht?fo?ecnamrofnoc?erusne?ot?yrassecen?era?secivres?gnireenigne?esehT.stne meriuqer?laredeF?dna?etatS?eht?teem?stnenopmoc?tcejorp?gnirussa?ni?dia?osla?secivreS?.senildaeddeludehcs?noitcurtsnoc?eht?teem?ot?yrassecen?sa?troppus?dna?,sgniteem?noitcurtsnoc?fo?ecnadnetta,stnemya p?ssergorp?fo?lavorppa?,noitcurtsnoc?gnirud?srotcartnoc?ot?sesnopser?,sweiver?lattimbusot?detimil?ton?era?tub?edulcni?secivreS?gnireenignE?llewdlaC?dna?nworB?yb?dedivorp?eb?ot?secivres?ehT.gniteemlic nuoC?4202?,91?tsuguA?siht?ta?lavorppa?rof?pu?osla?si?hcihw?,ecirP?mumixaM?deetnarauG?a?depolevedsah?rotcartnoc?RAMC?ehT?.)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?eht?sa?nosreteP?dna?nosflodA?erihot?tcartn oc?eht?devorppa?licnuoC?eht?,gniteem?licnuoC?,4202?,6?yaM?eht?tA?.tcejorp?edargpU?sdiloS?dnadiuqiL?tnalP?noitamalceR?retaW?eht?fo?tcartnoc?noitcurtsnoc?eht?gnirud?secivres?edivorp?ot?llewdlaC?dnanwor B?reenignE?ngiseD?htiw?tnemeerga?secivres?esahp?noitcurtsnoc?a?rof?lavorppa?skees?skroW?cilbuP:evitarraN?tropeR.1144J?.oN?tcejorP?-?edargpUsdiloS?dna?diuqiL?tnalP?noitamalceR?retaW?retsehcoR?eht?fo?s ecivres?esahp?noitcurtsnoc?rof?055,303,2$deecxe-ot-ton?tnuoma?na?ni?llewdlaC?dna?nworB?htiw?tnemeerga?secivres?lanoisseforp?a?gnizirohtuA:detseuqeR?noitcA???91.F1144J?.oN?tcejorP?-?edargpUsdiloS?dna? diuqiL?retsehcoR?rof?gnireenignE?llewdlaCdna?nworB?htiw?tcartnoC?secivreS?gnireenignE NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?ts uguA:ETAD?GNITEE E 209 1144J-?tnemeergA?tcartnoC?gnireenignE?esahP?noitcurtsnoC?edargpU?sdiloS?dna?diuqiL?PRW?-?tnemeergA:stnemhcattA nietskcuL?noraA:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noi tcA?evitanretlA.tnemeerga?secivres?siht?dnatcejorp?eht?fo?noitatnemelpmi?eht?troppus?7202?hguorht?2202?rof?setar?retawetsaw?devorppa?ehT?.ydutsetar?rewes?7202-2202?devorppa-licnuoC?eht?ni?tcejorp?sih t?rof?detnuocca?sah?dnuF?esirpretnE?reweSehT?.sgninrae?deniateR?dnuF?esirpretnE?reweS?eht?yb?rof?diap?eb?lliw?secivreS?gnireenignE?esehT:tcapmI?ecruoseR?&?lacsiF.segarevo?tsoc?dna?eludehcs?tcejorp?no ?etadpU?–?noisseS?ydutS?:4202?,01?enuJ.secivresrotcartnoc?RAMC?rof?nosreteP?dna?nosflodA?ot?tcartnoc?dedrawA?–?gniteeM?licnuoC?:4202?,6?yaM.rotcartnoc?RAMC?erih?ot?slasoporP?rof?tseuqeR?eht?dezirohtu A?–?gniteeM?licnuoC?:4202?,22?yraunaJ.sdib?rof?tnemesitrevda?eht?dezirohtuA?–?gniteeM?licnuoC?:3202?,2?rebotcO.sreteM?wolF?dna?sevlaV?noitareA?rof?tcartnoc?dedrawA?–?gniteeM?licnuoC?:3202?,02?rebmevo N.tnempiuqE?resuffiD?elbbuB?eniF?rof?tcartnoc?dedrawA?-?gniteeM?licnuoC?:3202?,01?yluJ.sresuffiD?elbbuB?eniF?dna,sreteM?,sevlaV?noitareA?fo?tnemerucorP?diB?rof?gnisitrevdA?devorppA?–?gniteeM?licnuoC? :3202?,51?yaM.sdnuf?tnarg?dna?naol?rof?gniwollaytirohtuA?seitilicaF?cilbuP?atosenniM?eht?htiw?noitacilppa?naol?devorppA?–?gniteeM?licnuoC?:3202?,51?yaM.spets?txen?detapicitna?dna?etadpu?sutats?tcejor p?a?htiw?licnuoC?dedivorP?-?noisseS?ydutS?:3202?,71?lirpA.tcejorp?eht?rof?secivresgnireenigne?lanoisseforp?edivorp?ot?llewdlaC?dna?nworB?deriH?-?gniteeM?licnuoC?:2202?,91?yraunaJ.tcejorp?sihtdedulcni ?hcihw?,nalP?seitilicaF?tnalP?noitamalceR?retaW?fo?lavorppA?-?gniteeM?licnuoC?:1202?,02?yraunaJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tcejorp?siht?fo?noitatnemelpmi?rofsnoitca?licnuoc?dna? snoitadnemmocer?ffats?tsap?swollof?tcejorp?ehT?.secivres?tnemtaert?dna?ecnayevnocretawetsaw?elbailer?gnidivorp?llits?elihw?level?elbadroffa?na?ta?setar?ytilitu?retawetsaw?gnipeekyb?seitirapsid?cimono ce?gnisserdda?dnuora?yllacificeps?,stroffe?IED?s'ytiC?eht?stroppus?tseuqer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonoc 210 Additional Services B. in Exhibit B are Additional Services.(the “Services”). Any tasks not specifically described August 9, 2024 , "of ServicesScope cribed in Exhibit B entitled "Consultant agrees to perform those basic services des Basic Services A. parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein.cribed hereafter. Unless modified in writing by both Consultant agrees to perform those services des SCOPE OF CONSULTANT SERVICES II. such changes shall be incorporated in this Agreement by written amendment.If, during the course of Project, Client and Consultant agree to changes in Project, .August 9, 2024dated Client and Consultant agree that Project is as described in Exhibit A, entitled "Description of Project," DESCRIPTION OF PROJECT I. NOW, THEREFORE, Client and Consultant agree as follows: for the compensation set forth herein;WHEREAS, Client desires to retain Consultant to perform the services in the manner, at the time, and the desired services within the required time; andWHEREAS, Consultant has available and offers to provide personnel and facilities necessary to perform .1Client Project Number J441, Project Upgrade Liquid and Solidsof the Rochester Water Reclamation Plant and construction phasesconstruction -preservices for the to provide professional engineering WHEREAS, Client is authorized to and desires to retain Consultant :RECITALS "Consultant."hereinafter referred to as and subsidiaries, affiliates,corporation, its Brown and Caldwell, a Californiahereinafter referred to as "Client," and a Minnesota municipal corporation ,the City of Rochester betweenby and 4220, day of AGREEMENT is made and entered into on thisTHIS CONSTRUCTION PHASE ENGINEERING SERVICES UPGRADE LIQUID AND SOLIDS ROCHESTER WATER RECLAMATION PLANT FOR AND BROWN AND CALDWELL THE CITY OF ROCHESTER, MNBETWEEN AGREEMENT FOR CONSULTING SERVICES of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 211 sses, damages, and costs, agents, and consultants against claims, suits, demands, liabilities, loconstruction contractor to indemnify and hold harmless Consultant, its officers, employees, If Consultant’s scope of work includes services during construction, Client will require the 6. whether or not owned by Client, as required to perform and complete the Services.Provide access to and/or obtain permission for Consultant to enter upon all property, 5. project site.Notify Consultant of any known or potential health or safety hazards existing at or near the 4. shall be entitled to rely upon the information supplied by Client.is Agreement. Consultant or useful to, Consultant in performance of its Services under thmaps, surveys, drawings, soils or geotechnical reports, and any other information required by, Furnish Consultant with all technical data in Client’s possession including, but not limited to, 3. behalf.interpret and define Client’s policies, make decisions and execute documents on Client’s complete authority to transmit instructions, receive information, Such person shall have Designate in writing a person to act as Client’s representative with respect to this Agreement. 2. facilitate Consultant’s performance under this Agreement.Assist and cooperate with Consultant in any manner necessary and within its ability to 1. In addition to payment for the Services performed under this Agreement, Client shall: RESPONSIBILITIES OF CLIENT III. requests.at standard billing rates for its time and expenses incurred in responding to such wn and Caldwell is not a party, Client shall reimburse Brown and Caldwell which BroCaldwell's services under this agreement in judicial or administrative proceedings to process to produce its documents or any other information relating to Brown and In the event Brown and Caldwell is requested pursuant to subpoena or other legal Document Productions D. applicable rates for such litigation services.party (except claims between Client and Consultant) will be reimbursed at Consultant's ient or any third by Client. All such services required or requested of the Consultant by Clsupport, prepare, document, bring, defend, or assist in litigation undertaken or defended Unless specifically stated therein, the Scope of Services does not include assistance to Litigation Assistance C. are performed.in accordance with Consultant’s standard billing rates at the time the Additional Services ional Services shall be performed notification. Unless otherwise agreed in writing, AdditServices will be performed and Client does not object within five (5) working days after the Additional Services if Consultant provides Client with notification that the Additional to have authorized due to emergency conditions at the project site. Client will be deemed required to be performed authorized by Client, or (b) provided the services were either (a)Client shall pay Consultant all fees and costs incurred in performing Additional Services of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 212 ed for payment and shall be paid to Consultant within 30 days of the date of the approvinvoice. Any portion of any invoice not contested shall be deemed to be accepted and shall be identified and notice given to Consultant, within 15 days of the date of the n or contest any portion of any such invoice, amounts questioned or contested questioand reimbursable expenses incurred under this Agreement. If Client has reason to Consultant within 30 days of the date of Consultant's invoices for services performed As long as Consultant has not defaulted under this Agreement, Client shall pay Payment B. he approval of Client.without ted reallocate compensation between tasks, provided total compensation is not exceedcompensation into subtasks, such breakdowns are estimates only. Consultant may Exhibit C. Where Consultant has provided Client with a breakdown of the total accordance with inwithout prior authorization ) 2,303,550$dollars ( hundred, and two million, three hundred and three thousand, five not to exceed accept compensation For the Services described in Exhibit B, Client agrees to pay, and Consultant agrees to Amount A. COMPENSATION VI. perform the work specified in Exhibit B within the estimated time.receives authorization to proceed with the work from Client. Consultant shall use its best efforts to days of the date Consultant calendar700 withinin Exhibit B. The estimated time for completion is In signing this Agreement, Client grants Consultant specific authorization to proceed with work specified AUTHORIZATION AND COMPLETION V. ”) 42 U.S.C. 12101 et. Seq. and the related regulations.with the Americans With Disabilities Act (“ADA Scope of Services, Client shall have sole responsibility as between Client and Consultant for compliance Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the AMERICANS WITH DISABILITIES ACT IV. written notice prior to any cancellation thereof.and noncontributory. The certificates shall provide that Consultant be given 30 days' policies shall be primary and any such insurance carried by the Consultant shall be excess tractor’s contractor’s general liability and property insurance applicable to the Project. Con officers, employees, agents, and consultants are named as additional insureds on Client will furnish contractor’s certificates of insurance evidencing that Consultant, its supplies, or equipment purchased for installation therein.purchased by Client or the contractor to protect work in progress or any materials, insurance Contractor's Protective policy (OCP), and any builder's risk, or other property as additional insureds on the contractor's general liability insurance and/or Owner’s and will require the contractor to name Consultant, its directors, officers and employees Client contractor or its subcontractors, employees, and agents.performance of the work of the contractor, breach of contract, or willful misconduct of the including reasonable attorneys' fees and all other costs of defense, arising out of the of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 213 e documents. Consultant makes no warranty or guarantee with respect to thproceeding in conformance with the intent of the project specifications and contract contractor's work is solely for the purpose of determining that the work is generally ation of the with applicable laws and regulations. Any inspection or observprograms and precautions required by such construction work, and any compliance construction work in accordance with the contract documents, any health or safety completing all portions of the techniques, sequences, and procedures necessary for responsibilities, including, but not limited to, construction methods, means, relieve construction contractors or others of their obligations, duties, and ractors or others, and does not duties that belong to Client and/or construction contconstruction manager, or otherwise, does not make Consultant responsible for those site representative, resident engineer, -at a construction site, whether as onThe presence of Consultant's personnel .Construction Site Consultant’s Activities at 1. Construction Phase Services D. estimates. does not warrant or guarantee the accuracy of construction or development cost Consultant. Consultant incurred may vary substantially from the estimates prepared by not be precisely forecasted and are beyond the control of Consultant and that actual costs or quality of performance by third parties. Client acknowledges that such influences may s, and time and materials, unknown or latent conditions of existing equipment or structureprojections are subject to many influences including, but not limited to, price of labor Client acknowledges that construction cost estimates, financial analyses and feasibility Consultant’s Opinion of Probable Costs (Cost Estimate) C. rmation unless otherwise expressly engaged to do so in writing by Client.infoConsultant shall not independently verify the validity, completeness, or accuracy of such information provided by other parties (excepting Consultant’s subcontractors), If Consultant’s performance of services hereunder requires Consultant to rely on Reliance upon Information Provided by Others B. expressly or impliedly warrant or guarantee its Services.firms in effect at the time Consultant’s Services are rendered. Consultant does not generally accepted standards and practices customarily utilized by competent engineering contained in this Agreement, Consultant shall perform its Services in accordance withamount of time and expenses to be incurred, and subject to any other limitations Subject to the express provisions of the agreed scope of work as to the degree of care, Professional Services⎯Standard of Care A. RESPONSIBILITY OF CONSULTANT VII. the right to suspend work per Article XV, Suspension of Work. l have the 31st day at the maximum interest rate permitted by law, and Consultant shaldate of Consultant's invoice, interest on the unpaid balance shall accrue beginning with In the event any uncontested portions of any invoice are not paid within 30 days of the any contested portions of Consultant's invoices.invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve promptly of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 214 asbestos and/or hazardous materials. or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the n an amendment to this Agreement to address the issue, time as Client and Consultant mutually agree ooption and without liability for damages, suspend the performance of services on the Project until such In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its site at any time. potentially effected public, of the existence of any hazardous or toxic materials located on or in the project Client shall be solely responsible for notifying all appropriate governmental agencies, including the ement. processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreinvestigation, detection, abatement, replacement, use, specification, or removal of products, materials, or services related to or in any way connected with the in any form at the Project site. Professional removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present Consultant and Consultant's subcontractors shall have no responsibility for the discovery, handling, ASBESTOS/HAZARDOUS MATERIALS IX. such locally registered engineering affiliate.assign its contractual rights and obligations with respect to such activities or services to requirements in that jurisdiction, Consultant may, in its discretion, upon notice to Client, ing registered engineering affiliate for purposes of compliance with professional licensjurisdiction in which Consultant renders professional services solely through a locally If the authorized scope of work requires professional services to be performed in a B. Caldwell Constructors, its wholly owned affiliate.to Brown and contractual rights and obligations with respect to such activities or servicesconstruction, Consultant may, at its discretion and upon notice to Client, assign all of its If the authorized scope of work includes construction activities or the oversight of A. ASSIGNMENT OF TASKS TO AFFILIATES record drawings.errors or omissions in the information from others that are incorporated into the ltant is not responsible for any which the Project was finally constructed. Consurepresent the exact location, type of various components, or exact manner in basis of information compiled and furnished by others, and may not always drawings, if required, will be prepared, in part, on the Record .Record Drawings 3. submittals provided by contractor.nor to coordinate shop drawings or other submittals with other shop drawings or ntractor’s shop drawings or submittals, required to verify dimensions, to engineer coconformance with the intent of the contract documents. Consultant shall not be Consultant shall review shop drawings or other contractor submittals for general If required by Consultant’s Scope of Services, .Shop Drawing and Submittal Review 2. construction contractor.duty to inspect, observe, correct, or report on health or safety deficiencies of the ressly required elsewhere in the scope of services, Consultant has no as may be expprograms and precautions. Except to protect Consultant's own personnel and except any construction contractor in connection with their work or health or safety performance of a contractor. Consultant has no authority to exercise control over of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 215 Consultant shall procure and maintain the following minimum insurance: CONSULTANT'S INSURANCE XII. damages.responsible or liable to the other for any incidental, consequential, or other indirect Regardless of any other term of this Agreement, in no event shall either party be Consequential Damages B. this Agreement.agents, employees, or representatives, in the performance of Consultant's duties under errors or negligent omissions of Consultant, its the extent arising out of the negliless from and against any liability to Consultant agrees to indemnify and hold Client harm Indemnification of Client A. INDEMNIFICATION XI. documents.or relating to any unauthorized change or alteration of electronic copies and CADD agrees to hold harmless, indemnify and defend Consultant from any claims arising out of serve as the official, archived record of the electronic and CADD documents. Client inexperience and file modification. Consultant will maintain the original copy, which shall translation, file corruption, printing errors and incompatibilities, operator formatCADD documents may be compromised by electronic media degradation, errors in responsible for the work. Client is cautioned that the accuracy of electronic copies and will not bear the signature and professional seals of the registered professionals but "CADD"). These documents will duplicate the documents provided as work product, readable media ("electronic copies," -copies of its work product documents in computerIf requested, solely as an aid and accommodation to Client, Consultant may provide Electronic Copies B. out of or related to any such alteration or unauthorized use.Consultant against all losses, damages, costs and expense, including attorneys' fees, arising pose shall be at Client's sole risk, and Client shall hold harmless and indemnify other purAgreement. Client's alteration of Consultant's work product or its use by Client for any performance of this Agreement is intended only for the project described in this Consultant and Client recognize that Consultant's work product submitted in Consultant may keep copies of all work product for its records.property of Client when Consultant has been fully compensated as set forth herein. and technical specifications, whether in hard copy or electronic form, shall become the ,recommendationsmodel data files, including, but not limited to, drawings, test results, Consultant's work product which is prepared solely for the purposes of this Agreement, A. CONSULTANT'S WORK PRODUCT X. of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 216 Consultant reasonably determines that working conditions at the Site (outside Consultant's . By written notice to Client, Consultant may suspend the Work if By Consultant 2. to terminate this Agreement in accordance with Article XVI, Termination of Work.demobilization. If suspension is greater than 30 days, then Consultant shall have the right e expenses resulting from such suspension including mobilization and reasonablnormal progress of the Work impracticable. Consultant shall be compensated for its Work under this Agreement if unforeseen circumstances beyond Client’s control make . By written notice to Consultant, Client may suspend all or a portion of the By Client 1. Work under this Agreement may be suspended as follows: SUSPENSION OF WORK XV. portion of the services to be performed under this Agreement.priate by Consultant, to subcontract any Consultant shall be entitled, to the extent determined appro SUBCONTRACTS XIV. disclosure.ctions to protect such confidential information from disclosure so that Client may take necessary aconfidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any Consultant, bound to retain such information in confidence.becomes available to Consultant from a third party who is not, to the knowledge of 3) confidential basis prior to its disclosure by Client;-was available to Consultant on a non 2) its agents or employees;becomes generally available to the public other than as a result of disclosure by Consultant or 1) Consultant shall have no confidentiality obligation with respect to information that:confidential information without the prior permission of Client. Notwithstanding the foregoing, distribute, or publish to any third party such clearly identified as "Confidential" and will not disclose, Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has CONFIDENTIALITY cancelled.day written notice in the event the above policies are -insurance will be provided to Client with a 30es 1 and 2 above. Upon request, a certificate of iClient shall be named as additional insured on polic ,000,000.2Professional liability insurance. The policy limit shall be not less than $ 4. Statutory workers' compensation and employer's liability insurance as required by state law. 3. damage shall be not less than $1,000,000.owned, rented, and hired cars. The combined single limit for bodily injury and property -ance covering owned, nonAutomobile bodily injury and property damage liability insur 2. .bodily injury and property damage shall be not less than $1,000,000form property damage liability coverage. The combined single limit for -liability and broadCommercial general liability insurance, including personal injury liability, blanket contractual 1.of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 217 e to the to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrurecommendations, plans, or specifications without the express written consent of Consultant. No right ntitled to rely on Consultant's services, opinions, Agreement. No such person or entity shall be eis conferred on, nor contractual relationship established with any person or entity not a party to this The services to be performed by Consultant are intended solely for the benefit of Client, and no benefit NO BENEFIT FOR THIRD PARTIES XVIII. onsent of the other.Client or Consultant without prior, written cset forth under Article VIII, Assignment of Tasks to Affiliates, this Agreement may not be assigned by This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as otherwise ASSIGNMENT XVII. to termination.rescheduling adjustments, reassignment of personnel, and related costs incurred due existing authorizations at the time of termination to account for Consultant’s of the total compensation yet to be earned under % a termination fee equal to 15Except for termination of Consultant by Client for cause, Consultant shall also receive termination reports requested by Client.any efforts necessary to document the work completed or in progress; and (3) all (2)and expenses, at Consultant’s standard billing rates, directly attributable to termination; performed up to the termination date plus termination expenses, including all labor authorized work (1) red for the orderly closing of the Work, including:work requicompensated for all work performed prior to the effective date of termination, plus reasonably necessary for the orderly closing of the Work. Consultant shall be In the event of termination, Consultant shall perform such additional work as is Payment upon Termination C. Consultant for more than 30 days in the aggregate.five days’ notice if work under this Agreement has been suspended by either Client or alleged breach to Client, or (2) upon after Consultant has given written notice of thecures such material breach nor makes reasonable progress toward cure within 15 days materially breaches this Agreement through no fault of Consultant and Client neither for cause, if Client (1) as follows: by ConsultantThis Agreement may be terminated B. ten notice of the alleged breach to Consultant. given writbreach nor makes reasonable progress toward cure within 15 days after Client has Agreement through no fault of Client and Consultant neither cures such material for cause, if Consultant materially breaches this days’ notice to Consultant, or (2) 30(1) for its convenience on as follows: by ClientThis Agreement may be terminated A. TERMINATION OF WORK XVI. remedy of Consultant at law or equity.hout prejudice to any other Consultant's suspension of Work hereunder shall be witnot caused by Consultant that are interfering with the normal progress of the Work. timely payment in accordance with Article VI, Compensation, or for other circumstances the event Client has not made in control) are unsafe, or in violation of applicable laws, or of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 218 of such proceeding. in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs In the event either party commences legal proceedings against the other, then the prevailing party shall, ATTORNEYS' FEES XXIII. state.county and Jurisdiction of litigation arising from the Agreement shall be in that .MN Olmstead County,laws of This Agreement shall be administered and interpreted under the CHOICE OF LAW/JURISDICTION XXII. force and effect.null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, SEVERABILITY XXI. no force and effect. and conditions contained in such purchase order which are inconsistent with this Agreement shall be ofby both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms be modified or altered except in writing signed those matters covered herein. This Agreement may not contained herein. No prior oral or written understanding shall be of any force or effect with respect to This Agreement represents the entire understanding of Client and Consultant as to those matters INTEGRATION XX. Agreement as a result thereof.ges arising out of any such delay, nor shall the Consultant be deemed to be in breach of this dama, or governmental agencies. Consultant shall not be liable for contractorsindependent consultants or faulty performance or nonperformance by Client, Client's instruments of service promptly, and (4)nformation or to approve or disapprove Consultant's failure of Client to furnish timely i God, (3)acts of strikes, lockouts, work slowdowns or stoppages, or accidents, (2) including, but not limited to (1)Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control, FORCE MAJEURE XIX. services hereunder.other third party as a result of this Agreement or the performance or nonperformance of the Consultant's construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 219 City Clerk Title Kelly Geistler Printed Name Signature Mayor Title Kim Norton Printed Name Signature City of Rochester 1446346-Federal Tax ID number: 94 Vice President Title Tracy Ekola Printed Name Signature Brown and Caldwell, Inc. written.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above been duly authorized to execute this Agreement on their behalf.persons have parties have all legal authority and authorization necessary to enter into this Agreement, and that such The persons executing this Agreement on behalf of the parties hereto represent and warrant that the AUTHORIZATION XXV designated address or Fax number shall be effective.-delivered to the previouslydesignated person and/or -in the manner provided for herein, any notice addressed to the previouslythat, until such time as the other party receives such notice of such notices has been changed, providednew person has been designated by it to receive notices, or that the address or Fax number for the delivery Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a Rochester, MN 55901 St. NW th 301 37 Water Reclamation Plant City of Rochester Project Manager Matt Baker, PE St. Paul, MN 55102 370 Wabasha St. N Suite 500 Brown and Caldwell Project Manager , PEJennifer Gruman shall be addressed to the following persons:mail and All notices required under this Agreement shall be delivered by facsimile, personal delivery or NOTICES XXIV.of 1010Page 202121(Rev. 120106) MEI Rev 12 P -CL 220 December 29, 2021 Description of Project Exhibit A 2 1Page Exhibit A 221 .electrical and site work associatedand abandoned piping and equipment significant demolition of , upgrades to existing HVAC equipment new sampling station,, modification to the existing influent distribution box, a the influent wet well ofrehabilitation , ssystem digested sludge holding tank, new thickening equipment, replacement of odor controlconversion of an abandoned digester to a modifications to the energy recovery water system, tion and upgrade of the water reuse system,reloca sludge wasting, gallery piping modifications,new primary sludge pumps, installation of hydrocyclones for selective activated sludge pumps,return modifications includeadditional operations, and reduce maintenance costs. These increase efficiency, simplify Plant modifications are designed to activated sludge plant.aeration basins, resulting in a single that will be routed to the and return activated sludge (RAS) primary effluent all structures will combine Additional flow and load requirements. projected meet necessary tovolume A new aeration tank will be added to provideentire plant flow. configuration as the ABC Plant, allowing biological phosphorous removal to be used for the plant using the same A/O activated sludge irconverting the HPO plant to a conventional aBasin Complex (ABC) using the Anaerobic/Oxic (A/O) configuration. The project will consist of Plant and the remainder with the Aeration )High Purity Oxygen (75% of the flow with the cess consists of treating to address equipment reaching the end of its useful life. The current proneeded to ensure that a more stringent phosphorus load allocation can be met into the future and The Rochester WRP Liquid and Solids Treatment Upgrade Project is a plant modification 2 2Page Exhibit A 222 August 9, 2024 cope of ServicesS Exhibit B 5 1Page Exhibit B 223 Prepare “Issued for Construction” design plans and specifications. • Construction Services Amendment Support negotiation of CMAR’s guaranteed maximum price (GMP) and preparation of CMAR • and specifications.Review final design documents with CMAR, incorporate comments, and issue final design plans • Provide CMAR contract documents. • provide comments on CMAR statements of qualifications and proposals.Review and • Prepare CMAR Request for Qualifications and Request for Proposals documents. • final design activities and Support Selection of Construction Manager at Risk Objective: construction Services-ePr 120Task Phase SupportConstruction -Pre – 200 overall project coordination.and ,Maintain project controls including schedule management, budget management, invoicing • other relevant construction documents.documentation for tracking the status of submittals, RFIs, change orders and project Maintain a • Maintain project financial controls, submitting monthly invoices and progress reports. • engineering support services in a timely manner.Review the Contractor’s schedule for compliance with the contract documents and provide • control of the various project tasks.Develop a QA Plan detailing the appropriate technical staff required for the review and quality • communications, and document management.project management plan (PMP). The PMP will cover staff, scope, schedule, budget, Update the • Maintain proper staffing, providing the necessary skills, experience, and resources. • schedule:within the project budget and Scope of WorkManage project tasks to complete the :Objective Project Management 110Task ManagementProject - 100 Bidding and Construction Phase Engineering Services Scope of Work Upgrade Liquid and Solids Rochester WRP Rochester WRP 224 Track the status of all change orders in a change order log. • and contract allowance.the contractor’s contingency for and cost allocation bilityapplica for Provide • Owner for approval.egotiate an equitable cost with the Contractor to be recommended to the N. documentationWhen an RFI response requires a change to the contract, prepare the necessary change order • .Provide additional design documentation if required to support RFI responses • log of all Contractor RFIs and their status.Maintain a • manner.in a timely RFIsReview and respond to contractors • prepare contract change orders Respond to Contractor’s Requests for Information and Objective: Change Ordersand (RFIs) nformation Ior fequests R 304Task status.Maintain a log of all construction submittals and their • miscellaneous submittals.Review other Contractor documents including commissioning plans, test reports and other • Record and track submittal review status. • Review vendor training materials for conformance with the contract documents. • O&M manuals for conformance with the contract documents.vendor Review • shop drawings for conformance with the contract documents.contractor Review • Review construction submittals for conformance with the contract documents Objective: Submittal Review 303Task claims.Review contractor monthly pay • r.Facilitate open and ongoing communication with the City of Rochester and the Contracto • orders and related construction management activities.Provide a single point of contact for the contractor while responding to RFIs, submittals, change • specific requests for engineering support.Provide a single point of contact for the City of Rochester while responding to questions and • Coordinate the services of the engineering design team. • Provide construction management support Objective: Administration 302 ConstructionTask needed basis.-building mechanical and electrical engineers on an asSite visits will be conducted by structural, process mechanical, observations as applicable., providing summary of to review construction progress Conduct site visits as requested • .to the commissioning teaminput technical provide s andweekly commissioning meetingAttend • .updates on outstanding submittals and RFIsproviding status responding to questions and , construction progress meetings weekly Attend • support and project coordinationAttend project meetings and conduct site visits to provide construction management bjective: O Progress Meetings and Site Visits 301Task Construction Phase Services – 00Phase 3 2 Upgrade Liquid and Solids Rochester WRP 225 as necessary. documents,construction phase -Update instrumentation and control pre • construction and construction phase engineering services-Provide pre Objective: ITE Services 308ask T documents. civil designsite/305 above related to the –engineering services under tasks 301 construction phase Provide • details.Provide structural engineering design services to update and final structural pipe support • as necessary. documents,construction design -Update site/civil pre • engineering services econstruction and construction phas-Provide pre Objective: WHKS Services 307ask T fill. the footings through theexcavations is provided to support lateral loads from Document that adequate oversizing of the • excavations. the of bottoms the at locations various at elevations the Document • pavements. and loads,structural fill, anticipated the support to excavations the in present soils the of suitability the Evaluate • Perform hand cone penetrometer (HCP) probes in the excavations. • excavations. Perform shallow hand auger borings in the • time. Observe the soils in the bottoms of the excavations completed at that • Drilled Pier Observations drawings. structuralcompliance with judge for and piers drilled the in placed cages steel reinforcing the of configuration the Observe • piers. center point location of the drilled-Check the plumbness and top • loads. structural bedrock the of suitability the judge and bedrock the in seams or voids of presence the evaluate for to piers the of bottoms the in drilled holes probe the in rod steel tipped-hook a Use • piers. the of bottoms the atbedrock the in holes probe of drilling Observe the • bedrock. layers, voids in the bedrock, or loose/weatheredbedrock delaminated for evaluate to piers the of bottoms the at bedrock the of soundings Perform • loads. structural the support to soils the of suitability the judge to piers the of bottomsPerform hand auger borings and/or hand cone penetrometer probes into the soils in the • piers. the of bottoms the at holes probe the and piers drilled all of drilling the Observe • Drilled Pier Observations foundation construction decisionssite geotechnical engineering services to inform rock -Provide on Objective: AET Services 306ask T .ups-line mark-responses, field orders, change orders and contractor redPrepare final project record drawings, incorporating changes documented through RFI • Prepare final record drawings Objective: 530ask T 3 Upgrade Liquid and Solids Rochester WRP 226 ed of ScopEn 25 Change Orders ii. 330 RFIs i. orders.The fee proposal is based on the following number of RFIs and change a. Task 304 Requests for Information and Change Orders 4. 36 training plans iii. 46 O&M manuals ii. 366 shop drawings i. :submittals-reasonable number of re, including a The fee proposal is based on the following number of submittals a. Task 303 Submittal Review 3. (18 by ITE and 4 by BC) 22 Electrical/I&C site visits vii. 5 Building mechanical site visits vi. 50 Process mechanical site visits v. 5 Structural site visits iv. (WHKS) 12 Site/Civil site visits iii. 26 sCommissioning meeting ii. 124 Progress meetings i. follows:attendance and site visits as eetingmThe fee proposal is based on e. person.-50% of meeting attendance is expected to be virtual and 50% in d. Special inspections as defined in the contract documents will be provided by others. c. that work is generally proceeding in conformance with the intent of the plans and Site visits are for the purpose of general observation of exposed work for determining b. site construction observation is not included in this Scope of Work.-Full time on a. Progress meetings and site visits 01Task 3 2. December 31, 2026 –This proposal is based on a construction period from August 23, 2024 1. Assumptions panels.checkout of vendor supplied power and control Provide field observation and SCADA integration confirmation during contractor’s point to point • Provide secondary review of Contractor commissioning plans following Brown and Caldwell • Finalize process control narratives with input from Brown and Caldwell • control design documents. 305 above related to the instrumentation and –Provide engineering services under tasks 301 • 4 Upgrade Liquid and Solids 227 August 9, 2024 Fee Proposal Cxhibit E 2 1Page CExhibit 228 $2,303,550 $268,640 $139,030 $2,034,910 9,640 Total Integrated Technology Engineering 308 $139.030 $139,030 $139,030 WHKS 307 Engineering TestingAmerican 306 030,1$9 623 Record Drawings 305 $465,250 $465,250 2,313 RFIs and Change Orders 304 $699,570 $669,570 3,293 Submittals 303 $297,530 $297,530 1,216 Construction Administration 302 $191,790 $177,550 695 Progress Meetings and Site Visits 301 $1,969,570 $1,700,930 8,140 Construction Phase 300 $180,470 $180,470 800 Preconstruction Servies 201 $180,470 $180,470 800 Preconstruction Phase 200 $153,510 $ 700 Project Management 101 $153,510 - n,510$153 700 Administration 100 Cost Cost Cost Total Effort CostTotal Expense AET WHKS ITE CostsOther Direct CostTotal Labor HoursTotal Labor Phase and Task Description /TaskPhase Proposal. Rochester WRP Liquid and Solids Treatment Upgrade Fee 3Table -of each year of the contract at an average rate of 2% st multiplier for overhead and profit. The fee proposal is based on current 2024 rates, which will increase on January 1individual with a 3.0 Billing will be based on actual labor rates per The fee proposal is summarized in Table 3 covering services described in Exhibit B. Fee Proposal 2 2Page Exhibit C M 229.spets?txen?detapicitna?dna?etadpu?sutats?tcejorp?a?htiw?licnuoC?dedivorP?-?noisseS?ydutS?:3202?,71?lirpA.tcejorp?eht?rof?secivresgnireenigne?lanoisseforp?edivorp?ot?llewdlaC?dna?nworB?deriH?-?g niteeM?licnuoC?:2202?,91?yraunaJ.tcejorp?siht?dedulcnihcihw?,nalP?seitilicaF?tnalP?noitamalceR?retaW?fo?devorppA?-?gniteeM?licnuoC?:1202?,02?yraunaJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.n oitatnemelpmirof?snoitca?licnuoc?dna?snoitadnemmocer?ffats?tsap?swollof?tcejorp?ehT?.secivres?tnemtaertdna?ecnayevnoc?retawetsaw?elbailer?gnidivorp?llits?elihw?elbadroffa?setar?ytilitu?retawetsaw?gni peekyb?seitirapsid?cimonoce?gnisserdda?esoht?yllacificeps?,stroffe?IED?s'ytiC?eht?stroppus?tseuqer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?ytilib isnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.slortnoc?dna?lacirtcele?wen?dna?,snoitcerroc?larutcurts?,metsys?gnilpmas?tneulffe?wen?,emulftneulffe?wen?,ytilauq?tneulffe?ecnahne?ot?metsys?noita rea?edacsac?a?fo?noitallatsni?,ycneiciffe?desaercnirof?ngised?nisab?enitnepres?,ecnayevnoc?noitcefnisid?ot?snoitacifidom?htiw?gnidliub?deef?lacimehcdna?nisab?noitcefnisid?gnitsixe?eht?fo?esuer?eht?se dulcni?yllareneg?tcejorp?ehT?.stnemeriuqer?timrepwen?teem?ot?tnalP?noitamalceR?retaW?eht?ta?nisab?noitcefnisid?eht?gniyfidom?fo?stsisnoc?tcejorp?sihT.gnidnuf?laredeF?htiw?detaicossa?stnemeriuqer?)ABA B(?aciremA?yuB?aciremA?dliuB?teem?stnenopmoctcejorp?erusne?osla?secivreS?.detseuqer?sa?ecnatsissa?dna?,slavorppa?tseuqer?yap?tnarg?laredef,ngised?htiw?ecnamrofnoc?ylhtnom?,slattimbus?tnempiuqe?gnivor ppa?dna?gniweiver?ot?detimil?ton?eratub?edulcni?secivreS?.llewdlaC?dna?nworB?reenignE?ngiseD?htiw?tnemeerga?secivres?esahp?noitcurtsnoca?sevorppa?noitca?licnuoc?sihT?.2144J?.oN?tcejorP?,edargpU?nisaB ?noitcefnisiD?)PRW(?tnalP?noitamalceRretaW?rof?tcartnoc?noitcurtsnoc?eht?devorppa?licnuoC?eht?,gniteem?licnuoC?,4202?,51?yluJ?eht?tA:evitarraN?tropeR.2144J?.oN?tcejorP?-?edargpUnisaB?noitcefnisiD?tna lP?noitamalceR?retaW?retsehcoR?eht?fo?secivres?esahp?noitcurtsnoc?rof?004,851$deecxe-ot-ton?tnuoma?na?ni?llewdlaC?dna?nworB?htiw?tnemeerga?secivres?lanoisseforp?a?gnizirohtuA:detseuqeR?noitcA???02.F2 144J?.oN?tcejorP?-?edargpU?nisaBnoitcefnisiD?retsehcoR?rof?gnireenignE?llewdlaCdna?nworB?htiw?tcartnoC?secivreS?gnireenignE NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAsk roW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE M 230 2144J?-?tcartnoC?gnireenignE?esahP?noitcurtsnoC?edargpU?nisaB?noitcefnisiD?PRW?-?tnemeergA:stnemhcattA nietskcuL?noraA:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evit anretlA.tnemeerga?secivres?siht?dna?tcejorp?eht?rof?troppus?laicnanif?yrasseceneht?edivorp?lliw?7202?hguorht?2202?rof?setar?retawetsaw?devorppa?ehT?.dnuF?esirpretnE?reweSeht?fo?yduts?etar?rewes?7202- 2202?devorppa-licnuoC?eht?ni?dedulcni?neeb?sah?tcejorp?ehT?.sgninraedeniater?s'dnuF?esirpretnE?reweS?eht?yb?dednuf?eb?lliw?tcejorp?siht?rof?secivreS?gnireenignE?ehT:tcapmI?ecruoseR?&?lacsiF.CLL?,tsew diM?PA?htiw?tcartnoc?noitcurtsnoc?devorppA?–?gniteeM?licnuoC?:4202?,51?yluJ.2144J?-?edargpUnisaB?noitcefnisiD?PRW?rof?sdib?rof?tnemesitrevda?eht?dezirohtuA?–?gniteeM?licnuoC?:4202?,6?ya 231 Additional Services B. in Exhibit B are Additional Services.(the “Services”). Any tasks not specifically described August 9, 2024 , "of ServicesScope cribed in Exhibit B entitled "Consultant agrees to perform those basic services des Basic Services A. parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein.cribed hereafter. Unless modified in writing by both Consultant agrees to perform those services des SCOPE OF CONSULTANT SERVICES II. such changes shall be incorporated in this Agreement by written amendment.If, during the course of Project, Client and Consultant agree to changes in Project, .August 9, 2024dated Client and Consultant agree that Project is as described in Exhibit A, entitled "Description of Project," DESCRIPTION OF PROJECT I. NOW, THEREFORE, Client and Consultant agree as follows: for the compensation set forth herein;WHEREAS, Client desires to retain Consultant to perform the services in the manner, at the time, and the desired services within the required time; andWHEREAS, Consultant has available and offers to provide personnel and facilities necessary to perform .2Client Project Number J441, Project UpgradeBasin Disinfection of the Rochester Water Reclamation Plant construction phases bidding andservices for the to provide professional engineering WHEREAS, Client is authorized to and desires to retain Consultant :RECITALS "Consultant."hereinafter referred to as and subsidiaries, affiliates,corporation, its Brown and Caldwell, a Californiahereinafter referred to as "Client," and a Minnesota municipal corporation ,the City of Rochester betweenby and 4220, day of THIS AGREEMENT is made and entered into on this CONSTRUCTION PHASE ENGINEERING SERVICES UPGRADE BASINDISINFECTION ROCHESTER WATER RECLAMATION PLANT FOR AND BROWN AND CALDWELL THE CITY OF ROCHESTER, MNBETWEEN AGREEMENT FOR CONSULTING SERVICES of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 232 sses, damages, and costs, agents, and consultants against claims, suits, demands, liabilities, loconstruction contractor to indemnify and hold harmless Consultant, its officers, employees, If Consultant’s scope of work includes services during construction, Client will require the 6. whether or not owned by Client, as required to perform and complete the Services.Provide access to and/or obtain permission for Consultant to enter upon all property, 5. project site.Notify Consultant of any known or potential health or safety hazards existing at or near the 4. shall be entitled to rely upon the information supplied by Client.is Agreement. Consultant or useful to, Consultant in performance of its Services under thmaps, surveys, drawings, soils or geotechnical reports, and any other information required by, Furnish Consultant with all technical data in Client’s possession including, but not limited to, 3. behalf.decisions and execute documents on Client’s interpret and define Client’s policies, make Such person shall have complete authority to transmit instructions, receive information, Designate in writing a person to act as Client’s representative with respect to this Agreement. 2. facilitate Consultant’s performance under this Agreement.Assist and cooperate with Consultant in any manner necessary and within its ability to 1. In addition to payment for the Services performed under this Agreement, Client shall: RESPONSIBILITIES OF CLIENT III. requat standard billing rates for its time and expenses incurred in responding to such which Brown and Caldwell is not a party, Client shall reimburse Brown and Caldwell Caldwell's services under this agreement in judicial or administrative proceedings to process to produce its documents or any other information relating to Brown and In the event Brown and Caldwell is requested pursuant to subpoena or other legal Document Productions D. applicable rates for such litigation services.party (except claims between Client and Consultant) will be reimbursed at Consultant's ient or any third by Client. All such services required or requested of the Consultant by Clsupport, prepare, document, bring, defend, or assist in litigation undertaken or defended Unless specifically stated therein, the Scope of Services does not include assistance to Litigation Assistance C. are performed.in accordance with Consultant’s standard billing rates at the time the Additional Services ional Services shall be performed notification. Unless otherwise agreed in writing, AdditServices will be performed and Client does not object within five (5) working days after the Additional Services if Consultant provides Client with notification that the Additional to have authorized due to emergency conditions at the project site. Client will be deemed required to be performed authorized by Client, or (b) provided the services were either (a)Client shall pay Consultant all fees and costs incurred in performing Additional Services of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 233 ed for payment and shall be paid to Consultant within 30 days of the date of the approvinvoice. Any portion of any invoice not contested shall be deemed to be accepted and shall be identified and notice given to Consultant, within 15 days of the date of the n or contest any portion of any such invoice, amounts questioned or contested questioand reimbursable expenses incurred under this Agreement. If Client has reason to Consultant within 30 days of the date of Consultant's invoices for services performed As long as Consultant has not defaulted under this Agreement, Client shall pay Payment B. Client.ed without the approval of between tasks, provided total compensation is not exceedsubtasks, such breakdowns are estimates only. Consultant may reallocate compensation Consultant has provided Client with a breakdown of the total compensation into accordance with Exhibit C. Where inwithout prior authorization ) 400,815$dollars (hundred fourthousand, fifty hundred and one not to exceedaccept compensation For the Services described in Exhibit B, Client agrees to pay, and Consultant agrees to Amount A. COMPENSATION VI. perform the work specified in Exhibit B within the estimated time.receives authorization to proceed with the work from Client. Consultant shall use its best efforts to days of the date Consultant calendar700 withinin Exhibit B. The estimated time for completion is In signing this Agreement, Client grants Consultant specific authorization to proceed with work specified AUTHORIZATION AND COMPLETION V. ”) 42 U.S.C. 12101 et. Seq. and the related regulations.with the Americans With Disabilities Act (“ADA Scope of Services, Client shall have sole responsibility as between Client and Consultant for compliance Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the AMERICANS WITH DISABILITIES ACT IV. written notice prior to any cancellation thereof.and noncontributory. The certificates shall provide that Consultant be given 30 days' policies shall be primary and any such insurance carried by the Consultant shall be excess tractor’s contractor’s general liability and property insurance applicable to the Project. Con officers, employees, agents, and consultants are named as additional insureds on Client will furnish contractor’s certificates of insurance evidencing that Consultant, its supplies, or equipment purchased for installation therein.purchased by Client or the contractor to protect work in progress or any materials, insurance Contractor's Protective policy (OCP), and any builder's risk, or other property as additional insureds on the contractor's general liability insurance and/or Owner’s and will require the contractor to name Consultant, its directors, officers and employees Client contractor or its subcontractors, employees, and agents.performance of the work of the contractor, breach of contract, or willful misconduct of the including reasonable attorneys' fees and all other costs of defense, arising out of the of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 234 uarantee with respect to the documents. Consultant makes no warranty or gproceeding in conformance with the intent of the project specifications and contract contractor's work is solely for the purpose of determining that the work is generally . Any inspection or observation of the with applicable laws and regulationsprograms and precautions required by such construction work, and any compliance construction work in accordance with the contract documents, any health or safety d procedures necessary for completing all portions of the techniques, sequences, anresponsibilities, including, but not limited to, construction methods, means, relieve construction contractors or others of their obligations, duties, and ractors or others, and does not duties that belong to Client and/or construction contconstruction manager, or otherwise, does not make Consultant responsible for those site representative, resident engineer, -at a construction site, whether as onThe presence of Consultant's personnel .Consultant’s Activities at Construction Site 1. Construction Phase Services D. estimates. does not warrant or guarantee the accuracy of construction or development cost Consultant. Consultant incurred may vary substantially from the estimates prepared by not be precisely forecasted and are beyond the control of Consultant and that actual costs or quality of performance by third parties. Client acknowledges that such influences may s, and time and materials, unknown or latent conditions of existing equipment or structureprojections are subject to many influences including, but not limited to, price of labor Client acknowledges that construction cost estimates, financial analyses and feasibility Consultant’s Opinion of Probable Costs (Cost Estimate) C. rmation unless otherwise expressly engaged to do so in writing by Client.infoConsultan t shall not independently verify the validity, completeness, or accuracy of such information provided by other parties (excepting Consultant’s subcontractors), If Consultant’s performance of services hereunder requires Consultant to rely on Reliance upon Information Provided by Others B. expressly or impliedly warrant or guarantee its Services.firms in effect at the time Consultant’s Services are rendered. Consultant does not generally accepted standards and practices customarily utilized by competent engineering contained in this Agreement, Consultant shall perform its Services in accordance withamount of time and expenses to be incurred, and subject to any other limitations Subject to the express provisions of the agreed scope of work as to the degree of care, Professional Services⎯Standard of Care A. RESPONSIBILITY OF CONSULTANT VII. the right to suspend work per Article XV, Suspension of Work. l have the 31st day at the maximum interest rate permitted by law, and Consultant shaldate of Consultant's invoice, interest on the unpaid balance shall accrue beginning with In the event any uncontested portions of any invoice are not paid within 30 days of the any contested portions of Consultant's invoices.invoice. Client agrees to cooperate with Consultant in a mutual effort to resolve promptly of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 235 asbestos and/or hazardous materials. or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the n an amendment to this Agreement to address the issue, time as Client and Consultant mutually agree ooption and without liability for damages, suspend the performance of services on the Project until such In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its site at any time. potentially effected public, of the existence of any hazardous or toxic materials located on or in the project Client shall be solely responsible for notifying all appropriate governmental agencies, including the ement. processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreinvestigation, detection, abatement, replacement, use, specification, or removal of products, materials, or services related to or in any way connected with the in any form at the Project site. Professional removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present Consultant and Consultant's subcontractors shall have no responsibility for the discovery, handling, ASBESTOS/HAZARDOUS MATERIALS IX. such locally registered engineering affiliate.assign its contractual rights and obligations with respect to such activities or services to requirements in that jurisdiction, Consultant may, in its discretion, upon notice to Client, ing registered engineering affiliate for purposes of compliance with professional licensjurisdiction in which Consultant renders professional services solely through a locally If the authorized scope of work requires professional services to be performed in a B. Caldwell Constructors, its wholly owned affiliate.to Brown and contractual rights and obligations with respect to such activities or servicesconstruction, Consultant may, at its discretion and upon notice to Client, assign all of its If the authorized scope of work includes construction activities or the oversight of A. ASSIGNMENT OF TASKS TO AFFILIATES record drawings.errors or omissions in the information from others that are incorporated into the ltant is not responsible for any which the Project was finally constructed. Consurepresent the exact location, type of various components, or exact manner in basis of information compiled and furnished by others, and may not always drawings, if required, will be prepared, in part, on the Record .Record Drawings 3. submittals provided by contractor.nor to coordinate shop drawings or other submittals with other shop drawings or ntractor’s shop drawings or submittals, required to verify dimensions, to engineer coconformance with the intent of the contract documents. Consultant shall not be Consultant shall review shop drawings or other contractor submittals for general If required by Consultant’s Scope of Services, .Shop Drawing and Submittal Review 2. construction contractor.duty to inspect, observe, correct, or report on health or safety deficiencies of the ressly required elsewhere in the scope of services, Consultant has no as may be expprograms and precautions. Except to protect Consultant's own personnel and except any construction contractor in connection with their work or health or safety performance of a contractor. Consultant has no authority to exercise control over of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 236 Consultant shall procure and maintain the following minimum insurance: CONSULTANT'S INSURANCE XII. damages.responsible or liable to the other for any incidental, consequential, or other indirect Regardless of any other term of this Agreement, in no event shall either party be Consequential Damages B. this Agreement.agents, employees, or representatives, in the performance of Consultant's duties under gent errors or negligent omissions of Consultant, its the extent arising out of the negliless from and against any liability to Consultant agrees to indemnify and hold Client harm Indemnification of Client A. INDEMNIFICATION XI. documents.or relating to any unauthorized change or alteration of electronic copies and CADD agrees to hold harmless, indemnify and defend Consultant from any claims arising out of serve as the official, archived record of the electronic and CADD documents. Client inexperience and file modification. Consultant will maintain the original copy, which shall translation, file corruption, printing errors and incompatibilities, operator formatCADD documents may be compromised by electronic media degradation, errors in responsible for the work. Client is cautioned that the accuracy of electronic copies and will not bear the signature and professional seals of the registered professionals but "CADD"). These documents will duplicate the documents provided as work product, readable media ("electronic copies," -copies of its work product documents in computerIf requested, solely as an aid and accommodation to Client, Consultant may provide Electronic Copies B. out of or related to any such alteration or unauthorized use.Consultant against all losses, damages, costs and expense, including attorneys' fees, arising pose shall be at Client's sole risk, and Client shall hold harmless and indemnify other purAgreement. Client's alteration of Consultant's work product or its use by Client for any performance of this Agreement is intended only for the project described in this Consultant and Client recognize that Consultant's work product submitted in Consultant may keep copies of all work product for its records.property of Client when Consultant has been fully compensated as set forth herein. and technical specifications, whether in hard copy or electronic form, shall become the ,recommendationsmodel data files, including, but not limited to, drawings, test results, Consultant's work product which is prepared solely for the purposes of this Agreement, A. CONSULTANT'S WORK PRODUCT X. of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 237 Consultant reasonably determines that working conditions at the Site (outside Consultant's . By written notice to Client, Consultant may suspend the Work if By Consultant 2. to terminate this Agreement in accordance with Article XVI, Termination of Work.demobilization. If suspension is greater than 30 days, then Consultant shall have the right e expenses resulting from such suspension including mobilization and reasonablnormal progress of the Work impracticable. Consultant shall be compensated for its Work under this Agreement if unforeseen circumstances beyond Client’s control make . By written notice to Consultant, Client may suspend all or a portion of the By Client 1. Work under this Agreement may be suspended as follows: SUSPENSION OF WORK XV. portion of the services to be performed under this Agreement.priate by Consultant, to subcontract any Consultant shall be entitled, to the extent determined appro SUBCONTRACTS XIV. disclosure.ctions to protect such confidential information from disclosure so that Client may take necessary aconfidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any Consultant, bound to retain such information in confidence.becomes available to Consultant from a third party who is not, to the knowledge of 3) confidential basis prior to its disclosure by Client;-was available to Consultant on a non 2) its agents or employees;becomes generally available to the public other than as a result of disclosure by Consultant or 1) Consultant shall have no confidentiality obligation with respect to information that:confidential information without the prior permission of Client. Notwithstanding the foregoing, disclose, distribute, or publish to any third party such clearly identified as "Confidential" and will not Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has CONFIDENTIALITY cancelled.day written notice in the event the above policies are -insurance will be provided to Client with a 30es 1 and 2 above. Upon request, a certificate of iClient shall be named as additional insured on polic ,000,000.2Professional liability insurance. The policy limit shall be not less than $ 4. Statutory workers' compensation and employer's liability insurance as required by state law. 3. damage shall be not less than $1,000,000.owned, rented, and hired cars. The combined single limit for bodily injury and property -ance covering owned, nonAutomobile bodily injury and property damage liability insur 2. .bodily injury and property damage shall be not less than $1,000,000form property damage liability coverage. The combined single limit for -liability and broadCommercial general liability insurance, including personal injury liability, blanket contractual 1.of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 238 e to the to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrurecommendations, plans, or specifications without the express written consent of Consultant. No right ntitled to rely on Consultant's services, opinions, Agreement. No such person or entity shall be eis conferred on, nor contractual relationship established with any person or entity not a party to this The services to be performed by Consultant are intended solely for the benefit of Client, and no benefit NO BENEFIT FOR THIRD PARTIES XVIII. onsent of the other.Client or Consultant without prior, written cset forth under Article VIII, Assignment of Tasks to Affiliates, this Agreement may not be assigned by This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as otherwise ASSIGNMENT XVII. to termination.rescheduling adjustments, reassignment of personnel, and related costs incurred due existing authorizations at the time of termination to account for Consultant’s of the total compensation yet to be earned under % a termination fee equal to 15Except for termination of Consultant by Client for cause, Consultant shall also receive termination reports requested by Client.any efforts necessary to document the work completed or in progress; and (3) all (2)and expenses, at Consultant’s standard billing rates, directly attributable to termination; performed up to the termination date plus termination expenses, including all labor authorized work (1) red for the orderly closing of the Work, including:work requicompensated for all work performed prior to the effective date of termination, plus reasonably necessary for the orderly closing of the Work. Consultant shall be In the event of termination, Consultant shall perform such additional work as is Payment upon Termination C. Consultant for more than 30 days in the aggregate.five days’ notice if work under this Agreement has been suspended by either Client or alleged breach to Client, or (2) upon after Consultant has given written notice of thecures such material breach nor makes reasonable progress toward cure within 15 days materially breaches this Agreement through no fault of Consultant and Client neither for cause, if Client (1) as follows: by ConsultantThis Agreement may be terminated B. ten notice of the alleged breach to Consultant. given writbreach nor makes reasonable progress toward cure within 15 days after Client has Agreement through no fault of Client and Consultant neither cures such material for cause, if Consultant materially breaches this days’ notice to Consultant, or (2) 30(1) for its convenience on as follows: by ClientThis Agreement may be terminated A. TERMINATION OF WORK XVI. remedy of Consultant at law or equity.hout prejudice to any other Consultant's suspension of Work hereunder shall be witnot caused by Consultant that are interfering with the normal progress of the Work. timely payment in accordance with Article VI, Compensation, or for other circumstances the event Client has not made in control) are unsafe, or in violation of applicable laws, or of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 239 of such proceeding. in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs In the event either party commences legal proceedings against the other, then the prevailing party shall, ATTORNEYS' FEES XXIII. state.county and Jurisdiction of litigation arising from the Agreement shall be in that .MN Olmstead County,laws of This Agreement shall be administered and interpreted under the CHOICE OF LAW/JURISDICTION XXII. force and effect.null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, SEVERABILITY XXI. no force and effect. and conditions contained in such purchase order which are inconsistent with this Agreement shall be ofby both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms be modified or altered except in writing signed those matters covered herein. This Agreement may not contained herein. No prior oral or written understanding shall be of any force or effect with respect to This Agreement represents the entire understanding of Client and Consultant as to those matters INTEGRATION XX. Agreement as a result thereof.ges arising out of any such delay, nor shall the Consultant be deemed to be in breach of this dama, or governmental agencies. Consultant shall not be liable for contractorsindependent consultants or faulty performance or nonperformance by Client, Client's instruments of service promptly, and (4)nformation or to approve or disapprove Consultant's failure of Client to furnish timely i God, (3)acts of strikes, lockouts, work slowdowns or stoppages, or accidents, (2) including, but not limited to (1)Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control, FORCE MAJEURE XIX. services hereunder.other third party as a result of this Agreement or the performance or nonperformance of the Consultant's construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any of 10Page 202121(Rev. 120106) MEI Rev 12 P -CL 240 City Clerk Title Kelly Geistler Printed Name Signature Mayor Title Kim Norton Printed Name Signature City of Rochester 1446346-Federal Tax ID number: 94 Vice President Title Tracy Ekola Printed Name Signature Brown and Caldwell, Inc. written.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above been duly authorized to execute this Agreement on their behalf.persons have parties have all legal authority and authorization necessary to enter into this Agreement, and that such The persons executing this Agreement on behalf of the parties hereto represent and warrant that the AUTHORIZATION XXV designated address or Fax number shall be effective.-delivered to the previouslydesignated person and/or -in the manner provided for herein, any notice addressed to the previouslythat, until such time as the other party receives such notice of such notices has been changed, providednew person has been designated by it to receive notices, or that the address or Fax number for the delivery Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a Rochester, MN 55901 St. NW th 301 37 Water Reclamation Plant City of Rochester Project Manager Matt Baker, PE St. Paul, MN 55102 370 Wabasha St. N Suite 500 Brown and Caldwell Project Manager , PEJennifer Gruman shall be addressed to the following persons:mail and All notices required under this Agreement shall be delivered by facsimile, personal delivery or NOTICES XXIV.of 1010Page 202121(Rev. 120106) MEI Rev 12 P -CL 241 4, 202August 9 Description of Project Exhibit A 2 1Page Exhibit A 242 Associated electrical, instrumentation and control improvements. • Installation of baffle walls in the chlorine contact basin to improve chlorine contact times. • Installation of a Parshall flume in the effluent channel for effluent flow metering. • Chlorine feed system improvements with new injectors and chemical feed pumps. • consisting of the following:WRP This project consists of improvements to the existing effluent disinfection basins at the Rochester 2 2Page Exhibit A 243 August 9, 2024 cope of ServicesS Exhibit B 4 1Page Exhibit B 244 4 2Page Exhibit B 245 4 3Page Exhibit B 246 4 4Page Exhibit B 247 August 9, 2024 Fee Proposal Cxhibit E 2 1Page Exhibit C 248 $158,400 13,000$ 13,000$ $ 750 Total Integrated Technology Engineering 308 88 Record Drawings 304 118 RFIs and Change Orders 303 228 Submittal Review 302 $6,740 $6,740 16 Progress Meetings 301 $110,820 474 Construction Phase 300 187 Prepare Final Bidding Documents and 201 187 Final Design and Bidding Phase 200 64 Project Management 101 64 Project Administration 100 Cost Total Effort CostTotal Expense ITE CostTotal Labor HoursTotal Labor and Task Description /TaskPhase . Rochester WRP Liquid and Solids Treatment Upgrade Fee Proposal3Table -of each year of the contract at an average rate of 2% st e on January 1individual with a 3.0 multiplier for overhead and profit. The fee proposal is based on current 2024 rates, which will increasBilling will be based on actual labor rates per The fee proposal is summarized in Table 3 covering services described in Exhibit B. Fee Proposal 2 2Page Exhibit C M 249 ytirohtuA?seitilicaF?cilbuP?atosenniM?eht?htiw?noitacilppa?naol?devorppA?–?gniteeM?licnuoC?:3202?,51?yaM.spets?txen?detapicitna?dna?etadpu?sutats?tcejorp?a?htiw?licnuoC?dedivorP?-?noisseS?ydutS ?:3202?,71?lirpA.tcejorp?eht?rof?secivresgnireenigne?lanoisseforp?edivorp?ot?llewdlaC?dna?nworB?deriH?-?gniteeM?licnuoC?:2202?,91?yraunaJ.tcejorp?sihtdedulcni?hcihw?,nalP?seitilicaF?tnalP?noitamalceR ?retaW?fo?lavorppA?-?gniteeM?licnuoC?:1202?,02?yraunaJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.tcejorp?siht?fo?noitatnemelpmi?rofsnoitca?licnuoc?dna?snoitadnemmocer?ffats?tsap?swollof?tcejor p?ehT?.secivres?tnemtaert?dna?ecnayevnocretawetsaw?elbailer?gnidivorp?llits?elihw?level?elbadroffa?na?ta?setar?ytilitu?retawetsaw?gnipeekyb?seitirapsid?cimonoce?gnisserdda?dnuora?yllacificeps?,stroff e?IED?s'ytiC?eht?stroppus?tseuqer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.naol?eht?rof ?noitatnemucod?ezilanif?lliw?AFP?eht?dna?tnemtrapeD?ecnaniFytiC?eht?,lavorppa?nopU?.AFP?morf?naol?000,000,07$?eht?eviecer?ot?ytiC?eht?swolla?,tcejorp?edargpUsdiloS?dna?diuqiL?eritne?eht?rof?tcartnoc? noitcurtsnoc?eht?ot?tnemdnema?eht?fo?lavorppa?htiw?noitcnujnocni?,noituloseR?sihT?.deruces?ton?si?AFP?hguorht?naol?dnoces?a?fi?naol?etavirp?a?gniruces?ro?sdnuf?evreseresirpretne?rewes?gnisu?tcejorp?e ht?fo?redniamer?eht?rof?yap?lliw?ti?erusne?ot?ytiC?eht?stimmoc?noitca?sihT?.ytiC?eht?yb?dednuf?dna?detroppus?si?tcejorpeht?erusne?ot?stnemucod?naol?htiw?noituloseR?siht?seriuqer?AFP?ehT?.emit?taht?ta ?licnuoC?eht?ot?thguorbeb?lliw?taht?AFP?eht?morf?naol?dnoces?a?eviecer?ot?detcepxe?si?tcejorp?eht?fo?redniamer?ehT?.5202hguorht?tcejorp?eht?sdnuf?naol?laitini?ehT?.naol?eno?ni?eussi?nac?AFP?eht?tnuom a?mumixam?eht?si?hcihw,)AFP(?ytirohtuA?seitilicaF?cilbuP?eht?hguorht?000,000,07$?fo?naol?tseretni-wol?a?eviecer?ot?deludehcssi?1144J?.oN?tcejorP?edargpU?tnemtaerT?sdiloS?dna?diuqiL?)PRW(?tnalP?noitam alceR?retaW?ehT:evitarraN?tropeR.1144J?.oN?tcejorP?-?edargpUsdiloS?dna?diuqiL?tnalP?noitamalceR?retaW?eht?rof?ecnarussa?gnidnuf?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???12.F?1144J?.oN?tce jorP?-?edargpU?sdiloSdna?diuqiL?retsehcoR?rof?noituloseR?ecnarussA?naoL NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNIT EE a 250 1144J?.oN?tcejorP?-?edargpU?sdiloS?dna?diuqiL?-?ecnarussA?gnidnuF?-?noituloseR:stnemhcattA nietskcuL?noraA:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.ytir ohtuA?seitilicaF?cilbuP?eht?htiwtnemeerga?naol?lanif?eht?gnitfard?ot?deecorp?ot?ytiC?eht?swolla?,lavorppa?rof?licnuoc?ytic?eht?ta?yltnerrucosla?,stsoc?tcejorp?latot?rof?tcartnoC?ksiR?ta?reganaM?noitc urtsnoC?eht?ot?tnemdnemA?eht?gnivorppa?dnanoituloseR?eht?gnitpodA?.lavorppa?gnidnob?evitalsigeL?atosenniM?fo?etatS?gnidnep?tnarG?noitatnemelpmIecruoS?tnioP?000,000,7$?a?eviecer?ot?devorppa?osla?si?tI ?.margorP?evreseR?tcejorP?neerG?eht?hguorhtssenevigrof?lapicnirp?naol?ni?000,000,1$?gniviecer?osla?si?tcejorp?ehT?.stsoc?tcejorp?llarevo?eht?secuderhcihw?,tekram?nepo?eht?no?esoht?naht?etar?tseretni? naol?rewol?%1?a?evah?snaol?ytirohtuA?seitilicaF?cilbuP:tcapmI?ecruoseR?&?lacsiF.segarevo?tsoc?dna?eludehcs?tcejorp?no?etadpU?–?noisseS?ydutS?:4202?,01?enuJ.secivresrotcartnoc?RAMC?rof?nosreteP?dna?no sflodA?ot?tcartnoc?dedrawA?–?gniteeM?licnuoC?:4202?,6?yaM.rotcartnoc?RAMC?erih?ot?slasoporP?rof?tseuqeR?eht?dezirohtuA?–?gniteeM?licnuoC?;4202?,22?yraunaJ.sdib?rof?tnemesitrevda?eht?dezirohtuA?–?gnit eeM?licnuoC?;3202?,2?rebotcO.sreteM?wolF?dna?sevlaV?noitareA?rof?tcartnoc?dedrawA?–?gniteeM?licnuoC?:3202?,02?rebmevoN.tnempiuqE?resuffiD?elbbuB?eniF?rof?tcartnoc?dedrawA?-?gniteeM?licnuoC?:3202?,01? yluJ.sresuffiD?elbbuB?eniF?dna,sreteM?,sevlaV?noitareA?fo?tnemerucorP?diB?rof?esitrevdA?ot?lavorppA?–?gniteeM?licnuoC?:3202?,51?yaM.sdnuf?tnarg?dna?naol?rof?gniwoll RESOLUTION251Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED ANDADOPTED BY THE COMMON COUNCIL OF THE CITY OF costs, if needed, to complete the project.Legislative approval. The City of Rochester will provide financing for the remaining project receive $7,000,000 in Point Source Implementation Grant funding pending State of Minnesota $1,000,000to the City of Rochester. In addition, the City of Rochester is preapproved to toprovidea loan of $70,000,000 and Green Project Reserve Principal Forgiveness Funds of BE IT FURTHER RESOLVED that at this time, the Public FacilitiesAuthority (PFA) isprepared 2026, andMinnesota,thatthetotal project cost is estimated at $91,289,525incurred in 2024 through NOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, WHEREAS, the City has determined the construction of the Water Reclamation Plant project City of Rochester’s Water Reclamation Plant Liquid and Solids Upgrade Project No. J4411.Authorizing the City of Rochester’s intent to provide full project funding, if needed, for the M 252:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbup?fo?noitallatsni?eht?taht?er usneot?dengised?si?hcihw?,margorP?noitcurtsnoC?renwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadn uoF?&?seitiroirP.sdradnatSdna?snoitacificepS?ytiC?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoisseforp?sedivorprenwO?eht?taht?tcartnoc?renwO-ytiC?eht?yb?deriuqer?si?tI?.renwO?eht?yb?dia p?dna?,003,99$?rof?,)reenignEgnitlusnoC?sa(?,debuC-G?abd?,.cnI?,GGG?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.tcejorpsiht?rof?ezilitu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradn atS?ytiC?steem?erutcurtsarfni?cilbup?fo?ytilauqeht?taht?gnirusne?elihw?tnempoleved?rof?enilemit?s'renwO?eht?etadommocca?lliw?tcartnoc?renwO-ytiCa?fo?esu?ehT?.)reenignE?ngiseD?sa(?,debuC-G?abd?,.cnI?, GGG?dna?,)rotcartnoC?sa(?,.cnI?,noitcurtsnoCroclE?,)renwO?sa(?,ynapmoC?tnempoleveD?M&R?htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".noisividbuSdrihT?tseW?skaO?cinecS?evreS?ot?stnemevorpmI?cilbuP"?,1165 J?.oN?tcejorP?rof?licnuoC?eht?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?tropeR.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tc ejbus",noisividbuS?drihT?tseW?skaO?cinecS?evreS?ot?stnemevorpmI?cilbuP"?,1165J?.oN?tcejorP?ot?detalerkrow?rof?003,99$?rof?,debuC-G?abd?,.cnI?,GGG?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2;dn a?noitatnemucod?ecnarusni?dna?dnob?etairporppa?eht?fo?noissimbus?s'rotcartnoCdna?,slavorppa?nalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",noisividbuS?drihTtseW?skaO?cinecS?evreS?ot? stnemevorpmI?cilbuP"?,1165J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???22.F1165J.oN?tcejorP?-?noisividbuS?drihT?tseW?skaO?cinecSevreS?ot?stnemevorpmI?cilbuP?:tcartnoC?ren wO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE M 253 1165J?.oN?tcejorP?-?dr3?tseW?skaO?cinecS?-?tcartnoC?secivreS?lacinhceT?lanoisseforP1165J?.oN?tcejorP?-?dr3?tseW?skaO?cinecS?-?tibihxE1165J?.oN?tcejorP?-?dr3?tseW?skaO?cinecS?-?tcartnoC?renwO-yt iC:stnemhcattA redeilttiM?elyK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?secivres?lacinhcet?lanoisseforp?eht?ot?gnidrocca?secivres?riehtrof?reenignE ?gnitlusnoC?eht?gnitasnepmoc?ni?esu?rof?ytiC?eht?ot?tnemyap-erp?edivorp?lliw?renwO?eht?dna,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?eht?diap?sah?renwO?eht?,stcartnoc?eht?yb?deriuqer?sA:tca pmI?ecruoseR?&?lacsiF.devorppa?)TALP300-4202DC(?noisividbuS?dnaL?rojaM?-?gniteeM?licnuoC?:4202?,02?yaM.devorppa?)PDG100-4202DC(?nalP?tnempoleveD?lareneG?-?lavorppA?latnemtrapeD??:4202?,6?hcra 1 254 required to fulfill the conditions or intent of the Development Agreement, or any be costs, including any scope of work changes that may construction all Project for pay shall Ownerpecifications. Additionally Standard Design Sin adherence with City and Project Plansconsistent with the approved in a manner and, September 30, 2025by completion of all Project work elements s’shall oversee the Contractor Owner c) designees for the purpose of evaluating the design of the Project elements.results of said Report available to the City and its Owner is obligated to make the ) for the Project. ”Report“) to prepare a Geotechnical Report (hereinafter ”ProfessionalGeotechnical “(hereinafter a Minnesota corporation ,Valley Testing, Inc.Chosen the professional services of edseparate document retainOwner has by b) elements including Project close out.the Project. The Project Manager is responsible for all coordination of the work Project Manager for will serve as ,Cubed-Mark Welch, G, s representative’Owner a) .OBLIGATIONS SPECIFICS ’OWNER I. as follows: NOW, THEREFORE, it is hereby mutually agreed between City and .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 sheet planthe ,”5611J – Phase 1 of Scenic Oaks West Thirdto Serve Improvementsblic uP“s referred to agenerally Engineer, specifications thereof prepared by plans and approved the Property, consistent with the easements lying within or abutting way or public -of-infrastructure or perform other private work within the public rightcertain own expense, construct itsat ,permission tois requesting Owner 2) .”Property“hereinafter referred to as the ,Olmsted County, Minnesota ,Rochestern the City of i, portion of Scenic Oaks West Thirda as being platted l propertyaredevelopment approval for is seeking Owner owns, and 1) WITNESSETH, THAT WHEREAS the Parties under the general terms and conditions of this Contract.eferred to as together the Owner, Contractor and Design Engineer shall hereinafter collectively be r(hereinafter referred to as “Design Engineer”), and Cubed-dba G , a Minnesota corporationInc.GGG, a Minnesota corporation (hereinafter referred to as “Contractor”), and Construction, Inc., (hereinafter referred to as "Owner"), and a Minnesota corporation Development Company, R&M a Minnesota municipal corporation, (hereinafter referred to as “City”), and of Rochester,City THIS CONTRACT, made this _______ day of _______________, 2024, between the OWNER CONTRACT-CITY 2 255 development charges.Engineer, and as part of the City invoice for other Public Works related Owner shall pay for Pedestrian Ramps, as determined by the City Infrastructure Financial Obligation for Pedestrian Ramps 16,536.96$ d =ary uare6 per sq7sq. yds. X $1.6 9,39 Contribution for First Seal Coat $74,081.89 per developable acre = 58.203developable acres x $3, 22.06 Water Availability Charge (WAC) rate established on Development Agreement predating Trunk Sewer Rates)(**SAC 74,081.89$ ** per developable acre =358.20x $3,) rd Scenic Oaks West 3 and public abutting ROW within Block 1 through 5 o Consisting of 46 residential lotsdevelopable acres ( 22.06 Sewer Availability Charge (SAC) . through 12/31/24) Certain Development Charges applicable to the Project are as follows (rates valid f) concerns. to resolve any Engineer or his/her designee Citythe directly with communicate shall Owner, duties s’Observation & Oversight Engineerconcerns regarding has any Ownerperforming its duties related to the Project. In the event Engineer Observation & Oversight or interfere with shall not provide work direction Owner e) and paid by City. have been claimed, verified, rvation & Oversight EngineerObseexpenses incurred by s confirmation that all applicable ’upon City the net differencemade initial payment, who s representative’Owner, City will reimburse Ownercollected from andabove Engineer and approved by City, are less than the amount specified and Oversight Observation and oversight expenses for the Project, as documented by observation In the event the .September 30, 2025 elements for the Project being completed bysubject to the work , jectand oversight for the Proobservation related to construction shall have no other financial obligation Owner. Observation & Oversight Engineerand oversight services for the Project that are to be performed by observation financial obligation related to s ’Ownerrepresenting 00.$the amount of to City shall pay s representative’Owners execution of this Contract, ’OwnerConcurrent with ject. and oversight for the Proobservation arrangement, to perform construction retained by City, through a separate beenhas )”Observation & Oversight Engineer“(hereinafter referred to as Cubed-dba G , a Minnesota corporationGGG, Inc. d) completion of the Project work elements.as a result of the delay in ,Cubed-G dba , a Minnesota corporationGGG, Inc.by and oversight observation additional by the City related to incurred additional costs City for reimburse may be obligated to OwnerAddendum to the Contract, and and Contractor may be required by City to execute an Owner, September 30, 2025 In the event the Project work elements are not completed by )..weather, soils, etcand any changed working conditions (due to quirements or provisions,or Federal reProperty, or requirements of the City Ordinances, development conditions, or State and City related to the Project or Project , Ownerother agreement between the 3 256 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 if any, at or reports and drawings related to hazardous environmental conditions,have 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 l drawings of physical subsurface conditions at or adjacent to the Property and alit 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 ,r withexamination of the Property and the adjacent areas, has become familiaalert visual and has visited the Property, conducted a thoroughstates it Contractor b) related to the Project.data and reference items ll otherd aplans, City design specifications, anconstruction , 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 epared by a Owner shall provide City a legal description and exhibit drawing (preasements, 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 ave previously been way h-of-Unless all public drainage & utility easements, and right i) 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) invoicing by the City.Payment of all development charges identified above shall be due within 30 days after Agreement.erms of the Development Grading Plan approval, and consistent with the tOwner shall pay for any applicable SWMPAC, as determined through the Storm Water Management Plan Area Charges (SWMPAC) Owner shall pay for Signage as determined by the City Traffic Engineer. or Street SignsFinancial Obligation f 4 257 Contractor shall also provide a maintenance bond in the same amount, maintenance period, year-twos ’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, ontract in accordance with the plans Cl guarantee the performance of the shalshall be conditioned as required by Minnesota Statutes, Section 574.26, and ontract. Said bonds Cfurnishing labor and materials for the purpose of this bond for the use of City, and the payment bond for the benefit of all persons with the performance 2,953,428.35$ at least bond shall be in the total sum ofsurety company authorized to do business in the State of Minnesota. Each furnish to City, performance and payment bonds executed by itself and a Contractor shall Prior to commencement of any work under this contract, (1) by the Contractor. erformedwork to be ppublic improvements the estimated cost of the saccurately representa 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) performance bond for completion of the required elements;contact the bonding agents and take action against the City may (3) ;City may withhold future contracts with the Contractor (2) elements are completed;withhold the issuance of building permits until such time as the outstanding City may record an affidavit of noncompliance indicating that the City will (1) :the followingone or more of ,but not limited to ,includingoutstanding items through whatever legal course it may deem appropriate, City may take action to resolve the , schedule isnot been completed within ths work elements have ’In the event Contractor .chart exhibit for tentative schedule)(see attached Gantt daysworking 99within , the ProjectConstruction Plans for Civil all public improvements within the approved elements, Contractor shall complete Upon commencing specific work . ber 30, 2025by 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) safety may require.es and at such times as the public against injuries, and keep danger signals at all placContractor agrees to take all precautions necessary to protect the public b) commencement of installation of the private utility services.inspection(s) are required from Public Works prior to permit(s) andproject are NOT part of this Contract and that separate utility connection water service connections being constructed as part of this development Contractor acknowledges that all private sanitary sewer & any subcontractor. delay approval of addendum(s). City shall not unreasonably withhold, condition or approved owner contract -may be amended based on any subsequently Citywork elements based on the approved Project Plans and specifications, and as they ocuments. Contractor shall perform the Dontract Cdo everything required by the engineering standards and specifications incorporated into the Project Plans, and to City Engineer, and in compliance with current year City of Rochester approved by the 5 258 City. projects within the denying Contractor the opportunity to construct other public improvement may be used as a basis for Contract Failure to do everything required by this (6) maintain insurance during such maintenance period.icate, and in any event shall expiration date indicated on the original certifmaintenance period, Contractor shall provide a new certificate prior to the insurance certificate indicates the policy shall expire prior to the end of the s intention to cancel or terminate. If any ’notice of the insurance written ’insurance above described, City of Rochester is to receive thirty daysendorsed indicating that in the event of cancellation or termination of any Inspections and Approvals requirements. All policies of insurance shall be Contract this subcontractors are aware of and abide by the provisions ofthis effect are filed with the City Clerk. Contractor shall also ensure that its s compensation insurance, as set forth above, and that certificates to ’workerutomobile and determine and require that such subcontractors maintain athrough subcontractors, it shall be the responsibility of Contractor to ontract shall be done by Contractor Cportion of the work contemplated by this compensation. In the event that all or a ’rkersinsurance is in effect for woContractor shall also file with the City Clerk a certificate indicating City.liability insurance shall be primary to any liability insurance maintained by the s ’Contractors of such automobile insurance with the City Clerk. or certificatenaming 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, ontract with bodily injury limits of at least Cperformance of this on all vehicles in the insurance on their vehicles and to maintain insurance such insurance, with the City Clerk. Contractor further agree to maintain limits of at least $500,000, and file such policy of insurance, or a certificate of $1,500,000/$3,000,000 and property damage bodily injury limits of at leastinsurance policy naming the City of Rochester as an additional insured, with duration not less than its maintenance and warranty period, a general liability Contractor, at its own expense, shall procure and maintain for a 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 location(s) designated by the City Engineer prior to connection of new ug(s) at a Contractor will install a sewer plWhere applicable, . Sewer Lines (4) elements. by contractors and subcontractors licensed to perform those specific work All work elements shall be performed work performed under this Contract.may have for payment for City harmless from any and all claims ContractorBy execution of this Contract, Contractor agrees and shall hold the 574.26. § and may not later claim the City has violated Minn. Stat.Contract er the terms of this performed by Contractor undelements 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 Contractor 6 259, itss compensation coverage, unemployment insurance benef’limited to, workerconsidered employees of the City for any purpose whatsoever, including, but not performance of any work or services required or provided for herein shall not be the arties in Pare independent contractors and all persons employed by said Engineer , and Observation & Oversight Engineer, Contractor, Ownerthat PIt 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. ’siearthe completion of the remaining s work independent of t’Contractors, or ’Engineers, ’OwnerCity Engineer may accept the .)itxhibattached Eprovided for reference Acceptance is (an example City Acceptanceseparate execution of a s’by the City Engineer memorializedAcceptance of the work shall be s ’City. duration established by this Contractontract for the Cinstalled pursuant to this and agrees to maintain the stability of all work done and materials furnished and , except that Contractor guarantees Ownerwithout any further acts or deeds of the f the City shall become the property o 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. control, and general schedule.roject, to discuss project scope, erosion to commencing work on the P prior helds representative shall be ’and the CityObservation & Oversight Engineer, Engineer, , Contractor, Ownersite meeting between the -. An onCity Engineerwith the roject are on file ans and specifications for the Papproved plthe been approved and have slanand Grading Pcivil construction plans commence on the Project until the Work shall not .incorporated herein by reference all of which are written above,Utility Construction in effect on the date first Standards for Street and s ’of Rochesterplans and specifications, and the City approved the , Contractthis herein, consist of t forth which are made a part hereof to the same extent as if fully se, Documents”)(“Contract for the Project ocumentsDontract CThe CONTRACT DOCUMENTS. V. infrastructure within the City. Engineer the opportunity to perform other engineering services for public may be used as a basis for denying ContractFailure to do everything required by this d) 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. 7 260 s terms and conditions, and to consult an attorney before signing this ’Contractit deems appropriate; (b) has had a sufficient amount of time to consider this own volition with such consultation with legal counsel as itsvoluntarily and willingly of knowingly, Contract(a) enters into and executes this Engineer acknowledge that it:, and Contractor, Ownerthe , ContractBy executing this .CONCURRENCE XIV. .pecific instance and for the specific purpose givenin the sarties. Such waiver, consent, modification, or change shall be effective only Pby both shall bind either party unless in writing and signed Contractor change of terms of this not specified herein. Furthermore, no waiver, consent, modification, representationsrepresent ations. 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. ’artiesPconstitutes the final expression of the Contract. This MERGER CLAUSE XIII. .constitute a waiver by the City of that or any other provisionontract shall not Cof the City to enforce any provisions of this . The failure XII. s fee.’of these claims, including attorneyEngineer agrees to reimburse all costs The .Contractemployees under this Engineer or its subcontractors, agents, or nt activities of The of the negligeagents, and employees from all claims, suits, or actions resulting from or arising out Engineer agrees to indemnify and hold harmless the City, its officials, officers, attorney’s fees.y all costs in defending these claims, including Contractor agrees to defend and paThe .Contract Contractor or its subcontractors, agents, or employees under this activities of the resulting from or arising out of the negligent or otherwise tortiousall claims, suits, or actions of whatsoever nature officers, agents, and employees fromContractor agrees to defend, indemnify and hold harmless the City, its officials, ’attorneyto defend and pay all costs in defending these claims, including sagree OwnerThe .Contractts, or employees under this its agen ,Owneractivities of the tortiouswhatsoever nature resulting from or arising out of the negligent or otherwise officials, officers, agents, and employees from all claims, suits, or actions of to defend, indemnify and hold harmless the City, its sagree Owner .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.ontract for d to the City under a separate can Ownerprofessional services to the required to provide Observation & Oversight Engineerand EngineerDesign s For the construction of these public facilitie .CONFLICT OF INTEREST X. .to be performed hereunderontract and the work Ctogether with all ordinances and regulations applicable to this 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. responsibility of City.shall in no way be the obligation or Contract in any work or services under thisemployees while engaged s’any partyclaims and any act or omission on the part of verage, retirement membership or credit, and any and all such social security co 8 261 \[Signature Pages Follow\] to be completed pursuant to this Contract.and 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. from the City.Plan are approved, and Contractor has received a written Notice to Proceed Grading ocuments are fully executed, the Construction Plans and such time the Contract De until ontract shall not commencCWork under this .COMMENCEMENT OF WORK XVIII. this Contract have been freely and fairly negotiated.hat the terms and conditions of this Contract. The Parties acknowledge and agree t(2) object to venue to the extent that any proceedings are brought in accordance with ; or forum non convenienslegally do so, waive any right to: (1) assert the doctrine of Parties, to the extent they may Federal courts located in the State of Minnesota. TheContract, the Parties shall litigate, to the extent allowed by law, only in the State or With respect to any and all actions or proceeding arising in connections with this jurisdiction. of any other conflict of law provisions that would require application of the lawsconstrued in accordance with the laws of the State of Minnesota, excluding any performance of this Contract between the Parties will be governed by and The formation, interpretation, and .& CHOICE OF VENUE GOVERNING LAW XVII. Instrument.such counterparts taken together shall be deemed to constitute one and the same hereto on separate signature pages, and all artiescounterparts by the different Pof . 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 acknowledgeartiesall Pntract amendment signed by oand formal C written consent of the City Engineer priorthe shall not substitute Contractor identified herein without Owner .SUBSTITUTION XV. .Contractexpiration of this will survive the termination orto the contrary, this clause Contract Notwithstanding any provision in this condition. specifically waives any and all legal objections they may have to any such term or and ition found within this Contractwill not challenge the legality of any term or condarties agree that they P allAs such, .Contract challenge to any of the terms of thisstrative delays associated with a legal wish to avoid any development or adminiAll P ent not set forth herein.has not relied upon any representation or statemof those terms and has made the decision to accept them as stated herein; and (d) terms, appreciates the significance its understands and; (c) has read Contract 9 262 Dated __________________________, 2024 City Clerk Kelly K. Geistler, ATTEST: ______________________________ Dated __________________________, 2024 MayorKim Norton, BY____________________________________ a Minnesota municipal corporation , MINNESOTA, CITY OF ROCHESTER CITY: on the day and year hereinabove set forth. executedarties hereto have caused this Contract to be duly ITNESS WHEREOF, the respective PIN W I 10 263 ary PublicNot ___________________________________ and on behalf of the corporation.foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed person who executed the and who is personally known by me to be the , Minnesota corporationa R&M Development Company, _________________ of the _________________, by 2024,___________, day of _____The foregoing instrument was acknowledged before me this ) __________COUNTY OF ) ss ) OF MINNESOTA STATE Its: __________________________ By: __________________________ a Minnesota corporation R&M Development Company, OWNER: 11 264 My Commission Expires: Notary Public of said instrument to be the free act and deed of said corporation. (Name of Officer) of Directors; and that said _________________________ acknowledged execution aid corporation by authority of its Board instrument was executed on behalf of s (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) _________________________, to me personally known, who being appeared On this _________________ day of ____________________, 2024, before me COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR OWNER ACKNOWLEDGEMENT OF CORPORATION 12 265 Notary Public ___________________________________ .corporationfree 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 , and who is personally known by me to be the a Minnesota corporationConstruction, Inc., Elcor 2024, by _______________________________, the __________________________ of , ___________The foregoing instrument was acknowledged before me this ___ day of ) COUNTY OF OLMSTED ) ss ) Its ___________________________ By ____________________________ a Minnesota corporation Elcor Construction, Inc., CONTRACTOR: 13 266 My Commission Expires: Notary Public of said instrument to be the free act and deed of said corporation. (Name of Officer) of Directors; and that said _________________________ acknowledged execution instrument was executed on behalf of said corporation by authority of its Board (City & State) (Zip Code) _________________________, _______________, a corporation; and that said (Name of Corporation) _________________________, ______________________________________, by me duly sworn, did say that he/she is the _________________________ of (Name of Officer) ly known, who being appeared _________________________, to me personal On this _________________ day of ____________________, 2024, before me COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR CONTRACTOR ACKNOWLEDGEMENT OF CORPORATION 14 267 Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Rochester Public WorksThis document was drafted by: Notary Public ___________________________________ .corporationfree 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, and who is personally known by me to be the Cubed-dba G , a Minnesota corporationInc.GGG, 2024, by ______________________________, the __________________________ of _____________,The foregoing instrument was acknowledged before me this ___ day of ) COUNTY OF _____________ ) ss. ) STATE OF MINNESOTA Its _____________________________ By ____________________________ ,Cubed-dba G a Minnesota corporation ,GGG, Inc. DESIGN ENGINEER: 15 268 My Commission Expires: Notary Public ument to be the free act and deed of said corporation.of said instr (Name of Officer) of Directors; and that said _________________________ acknowledged execution instrument was executed on behalf of said corporation by authority of its Board y & State) (Zip Code)(Cit _________________________, _______________, a corporation; and that said (Name of Corporation) (Address) _________________________, ______________________________________, by me duly sworn, did say that he/she is the _________________________ (Name of Officer) appeared _________________________, to me personally known, who being On this _________________ day of ____________________, 2024, before me COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR DESIGN ENGINEER ACKNOWLEDGEMENT OF CORPORATION 269 16 CONTRACTOR’S TENTATIVE SCHEDULE EXHIBIT FOR J5611 270 71 611Cover Sheet and Phasing for Plan SetConstruction Owner Contract-ityCrawing of Reference d EXHIBIT A 271 81 AcceptanceCertification of ’EngineerExample of Blank BEXHIBIT ArcMap reference drawing showing location of J5611 – Scenic Oaks West Third Subdivision 272 Plans cover sheet for J5611 – Public Improvements to Serve Scenic Oaks West Third Subdivision 273 Project Phasing Map Distinguishing Between Scenic Oaks West Third (J5611) and Fourth/Fifth (J5617) Subdivisions 274 275 276 SPECIAL CONDITIONS 99,300105ext. 507-867-1666, ManagerProject ManagerProject 55923MN Chatfield, SE, 52 Hwy 14070 105ext. 507-867-1666, markw@ggg.toEngineerProfesional WelchMark 202615th, December 202419th, August 277 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 Description: Public Utilities and Roadways 278 Total Estimated Fee:Total Hours:Hours Observation Estimated for Public Imp. Working Days Contractor Estimated Time Approx % of Inspection Level of Activity City Project No. J5611Scenic Oaks West Third Subtotal for Field Observation: $ 99,300.00662.0$ $ 0.0-Engineer of Record272.00 $ -0.0 $ 150.00Engineering Aide $ -0.0 $ 120.00Observation Mentor (Min. 2o% of Lead Observer) $ 99,300.00662.0 $ 150.00Lead Project Observer TotalHoursRateProject Role / ServiceFee Estimate 662.00.0 Project Observation Mentor 0.0*Construction / Design Coord. - Engineer of Record 0.0*Engineering As-Built Drawings - Engineer Of Record 0.0*Engineering As-Built Drawings - Engineering Aide 0.0*Engineering Finals - Engineer of Record 0.0*Engineering Finals - Lead Observer 0.0*Weekly Construction Progress Meetings - 2 hours per week - Lead Engineer 2.0 Pre Construction Meeting with City Staff - Lead Observer* Activities are in G-Cubed contract with ownerOther Activities660.0108.00.00.0100%As Required Other Activities 5.02.025%Part time Site Erosion and Sediment Control (ESC) - Site management 20.02.0100%Full time All required stage testing of pipe, subgrade, base & paving 0.00.0100%Full time Concrete Street Placement 10.01.0100%Full time Bituminous Wear Placement 5.00.5100%Full time Bituminous Non-Wear Review - Prior to wear 5.01.050%Part time Bituminous Non-Wear 10.02.050%Part time Curb & Gutter pouring 5.00.5100%Full time Curb & Gutter String Line Check / Verify 2.50.550%Part time Curb & Gutter preparation Full time100%0.55.0 Aggregate Base Compaction / Proof Roll Test Part time50%10.050.0 Aggregate Base Placement Full time100%10.0100.0 Street Subgrade Preparation / Compaction Part time50%4.020.0 Trench Compaction from 2' over Pipe to Surface Full time100%4.040.0 Trench Compaction from 0-2' over pipe Full time100%0.00.0 Underground - services Full time100%10.0100.0 Underground Utility Work - Stormwater Full time100%11.0110.0 Underground Utility Work - Watermain Full time100%13.0130.0 Underground Utility Work - Sanitary Part time25%10.025.0 Rock Trench Blasting Part time25%42.0105.0 General Site Grading and Excavation Part time25%5.012.5 Site Clearing and Grubbing /Removals hours10Contractor Work day is Est. at 10 hours per day 279 ( IN FEET )280······14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to GRAPHIC SCALE 1 IN = 80 FT 281 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 282 .’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.283 .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 284 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 10 285 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 286 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 17 287 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 288 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, 289 M 290.snoitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbu p?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.sdradnatS?dna?snoitacificepSytiC?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoisseforp?sedivorp?renwO?eht?taht?tcartnocrenwO-ytiC?eht?yb?der iuqer?si?tI?.renwO?eht?yb?diap?dna?,069,6$?rof?,)reenignE?gnitlusnoC?sa(?,.dtL,gniyevruS?&?gnireenignE?yessaM?ESW?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.tcejorpsiht?rof?ezili tu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfni?cilbup?fo?ytilauqeht?taht?gnirusne?elihw?tnempoleved?rof?enilemit?s'renwO?eht?etadommocca?lliw?tcartnoc?renwO-ytiC?afo?esu? ehT?.)reenignE?ngiseD?sa(?,.dtL?,gniyevruS?&?gnireenignE?yessaM?ESW?dna?,)rotcartnoC?sa(?,.cnI,noitcurtsnoC?roclE?,)renwO?sa(?,atosenniM?knaB?reimerP?htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".knaB?r eimerP?evreS?ot?tnardyH?&?niamretaW?cilbuP"?,5165J?.oN?tcejorP?rof?licnuoC?eht?ybnoitaredisnoc?rof?stcartnoc?secivres?lacinhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?trope R.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",knaBreimerP?evreS?ot?tnardyH?&?niamretaW?cilbuP"?,5165J?.oN?tcejorP?ot?detaler?krow?rof?069,6$rof?,.dtL?,gniyevruS?&?gnireenignE?yessaM?ESW?ht iw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2;dna?noitatnemucod?ecnarusni?dna?dnob?etairporppa?eht?fo?noissimbuss'rotcartnoC?dna?,slavorppa?nalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe?ytiC ?htiw?",knaBreimerP?evreS?ot?tnardyH?&?niamretaW?cilbuP"?,5165J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???32.F5165J?.oN?tcejorP?-?knaB?reimerP?evreSot?tnardyH?&?niamreta W?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE F 291 5165J?.oN?tcejorP?-?knaB?reimerP?-?tcartnoC?secivreS?lacinhceT?lanoisseforP5165J?.oN?tcejorP?-?knaB?reimerP?-?tibihxE5165J?.oN?tcejorP?-?knaB?reimerP?-?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?riehtrof?reenignE?gnitlusnoC?eh t?gnitasnepmoc?ni?esu?rof?ytiC?eht?ot?tnemyap-erp?edivorp?lliw?renwO?eht?dna,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?eht?diap?sah?renwO?eht?,stcartnoc?eht?yb?deriuqer?sA:tcapmI?ecruoseR?& ?lacsi 1 292 required 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, October 31, 2024by completion of all Project work elements s’shall oversee the Contractor Owner c) of evaluating the design of the Project elements.ignees for the purpose to make the results of said Report available to the City and its des) for the Project. Owner is obligated ”“prepare a Geotechnical Report (hereinafter ) to ”Geotechnical Professional“(hereinafter a Minnesota corporation ,Testing, Inc.Chosen Valley the professional services of edOwner has by separate document retain b) Project close out.The Project Manager is responsible for all coordination of the work elements including Project Manager for the Project. will serve as Tyler Mandler, , representatives ’Owner a) .OBLIGATIONS SPECIFICS ’ I. as follows: Partiesthe NOW, THEREFORE, it is hereby mutually agreed between City and .sSpecificationDesign s Standard ’Cityadherence to the tion Plans for the Project (hereinafter Project Plans) and the approved Civil Construcincluding full compliance with , , and subject to the terms and conditions noted herein)(unless otherwise specifically cost and expense Owner’s Contractor, atProject, utilizing for the work the public improvements permission to perform OwnerCity is willing to grant 3) .”Project“hereinafter referred to as the ’A‘sheet depicted for reference as attached Exhibit planthe ,”615J5 – Watermain Extension and Hydrant Installation for Premier BankPublic s referred to agenerally Engineer, Design specifications thereof prepared by plans and approved the Property, consistent with the easements lying within or abutting way or public -of-infrastructure or perform other private work within the public rightpublic certain own expense, construct itsat ,permission tois requesting Owner 2) “Property”.Olmsted County, Minnesota, and hereinafter referred to as the , Street Addition th 37Lot 1, Block 1, Premier real property in the City of Rochester being platted as Owner owns 1) WITNESSETH, THAT WHEREAS general terms and conditions of this Contract.under the ”Parties“referred to as the inafter collectivelyhere may and Design Engineer ,ContractorOwner, .(hereinafter referred to as “Design Engineer”) a Minnesota corporation ,.Ltd& Surveying, Engineering Massey WSE a Minnesota corporation (hereinafter referred to as “Contractor”), and Inc., Elcor Construction, (hereinafter referred to as "Owner"), and a Minnesota corporation ,MinnesotaPremier Bank a Minnesota municipal corporation, (hereinafter referred to as “City”), and Rochester,City of THIS CONTRACT, made this _______ day of _______________, 2024, between the OWNER CONTRACT-CITY 2 293 and recording fee.nal), for said easements, and shall pay City a standard document preparation professioOwner shall provide City a legal description and exhibit drawing (prepared by a qualified easements, at no cost to City, concurrent with execution of this Contract by Owner. or all public infrastructure for the Project, Owner shall dedicate all dedicated fway have previously been -of-Unless all public drainage & utility easements, and right i) opportunity to perform other projects within the City. the Ownermay be used as a basis for denying obligations set forth in this Contract,to the Owner’s , as it pertains Contract ailure to do everything required by thisF h) Public Works prior to commencement of installation of the private utility servicesthat separate utility connection permit(s) and inspection(s) are required from Contract and being constructed as part of this development are NOT part of this Owner acknowledges that all private sanitary sewer & water service connections g) will be invoiced as part of this Contract. There are no Public Works collected development charges that .Development Charges f) concerns. to resolve any Engineer or his/her designee Citythe directly with communicate shall Owner, s’Observation & Oversight Engineerconcerns regarding has any Ownerted to the Project. In the event performing its duties relaEngineer Observation & Oversight or interfere with shall not provide work direction Owner e) and paid by City. have been claimed, verified, Observation & Oversight Engineerexpenses incurred by s confirmation that all applicable ’upon City the net differencewho made initial payment, s representative’Owner, City will reimburse Ownercollected from andspecified above Engineer and approved by City, are less than the amount Observation and Oversight ect, as documented by and oversight expenses for the Projobservation the event the In .October 31, 2024 subject to the work elements for the Project being completed by, and oversight for the Projectobservation financial obligation related to construction shall have no other Owner. Observation & Oversight Engineerto be performed by and oversight services for the Project that are observation financial obligation related to s ’Ownerrepresenting 00.$the amount of to City shall pay representatives ’Owners execution of this Contract, ’OwnerConcurrent with ject. and oversight for the Proobservation retained by City, through a separate arrangement, to perform construction beenhas a Minnesota corporation ,.Ltd& Surveying, Engineering Massey WSE d) Project work elements.as a result of the delay in completion of the a Minnesota corporation, ,.LtdSurveying, & Engineering Massey WSE by and oversight observation additional related to by the City incurred City for additional costs reimburse d to may be obligate OwnerContractor may be required by City to execute an Addendum to the Contract, and and Owner, October 31, 2024 event the Project work elements are not completed byIn the )..and any changed working conditions (due to weather, soils, etc provisions,of the City Ordinances, development conditions, or State or Federal requirements or and City related to the Project or Project Property, or requirements , Ownerbetween the agreement to fulfill the conditions or intent of the Development Agreement, or any other 3 294 ;City may withhold future contracts with the Contractor (2) elements are completed;withhold the issuance of building permits until such time as the outstanding that the City will City may record an affidavit of noncompliance indicating (1) :the followingone or more of ,limited tobut not ,items through whatever legal course it may deem appropriate, includingCity may take action to resolve the outstanding , schedule iswithin thbeen completed s work elements have not ’In the event Contractor .daysworking 3within , the ProjectConstruction Plans for Civil all public improvements within the approved shall complete Upon commencing specific work elements, Contractor . r 31, 2024Octobeby before for warranty items that are subject to this contract, to the satisfaction of the City, on or The Contractor shall complete all of its Project work elements, except Completion Date. c) may require.es and at such times as the public safety injuries, and keep danger signals at all placContractor agrees to take all precautions necessary to protect the public against Safety. b) prior to commencement of installation of the private utility services.inspection(s) are required from Public Works utility connection permit(s) andpart of this development project are NOT part of this Contract and that separate that all private sanitary sewer & water service connections being constructed as Contractor acknowledges delay approval of any subcontractor. withhold, condition or approved owner contract addendum(s). City shall not unreasonably -subsequently Cityapproved Project Plans and specifications, and as they may be amended based on any ocuments. Contractor shall perform the work elements based on the Dontract Cthe and specifications incorporated into the Project Plans, and to do everything required by Engineer, and in compliance with current year City of Rochester engineering standards City approved by the Project Plansof the Project described herein, in accordance with equipment, and to do and perform all the work and labor necessary in the construction Contractor hereby covenants and agrees to furnish all materials, all necessary tools and a) .OBLIGATIONS SPECIFIC CONTRACTOR III. Property that have been identified in the technical data in such reports and drawings. if any, at or adjacent to the drawings related to hazardous environmental conditions,been identified in the technical data in such reports and drawings, and (2) reports and conditions related to existing surface or subsurface structures at the Property that have l drawings of physical subsurface conditions at or adjacent to the Property and alit has carefully studied all: (1) reports of explorations and tests of states Contractor d) the Project.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 states Contractor c) included in the Project.elements and performance of its work ffect cost, progress, asfied as to the general, local, and Property conditions that may satiand is ,examination of the Property and the adjacent areas, has become familiar withalert visual and has visited the Property, conducted a thoroughstates it Contractor b) Project.related to the data and reference items ll otherd aspecifications, anplans, City design , civil construction has examined and carefully studied the Contractstates it Contractor a) .REPRESENTATIONS S’CONTRACTOR II. 4 295 compensation. In the event that all or a portion of the work contemplated by ’City Clerk a certificate indicating insurance is in effect for workersContractor shall also file with the any liability insurance maintained by the City.s liability insurance shall be primary to ’Contractorwith the City Clerk. insurance an additional insured, and to file a certificate or certificates of such automobile property damage limits of at least $500,000, naming the City of Rochester as ontract with bodily injury limits of at least $1,500,000/$3,000,000 and Cthis nce of vehicles and to maintain insurance on all vehicles in the performa its onto maintain insurance sinsurance, with the City Clerk. Contractor further agreeof at least $500,000, and file such policy of insurance, or a certificate of such damage limits bodily injury limits of at least $1,500,000/$3,000,000 and property insurance policy naming the City of Rochester as an additional insured, with duration not less than its maintenance and warranty period, a general liability all procure and maintain for a Contractor, at its own expense, sh Insurance. (5) .at the discretion of the City Engineer or his designeesewer lines to existing City sewer lines. This/These plugs shall only be removed designated by the City Engineer prior to connection of new sanitary location(s) Contractor will install a sewer plug(s) at a Where applicable, . Sewer Lines (4) subcontractors licensed to perform those specific work elements. All work elements shall be performed by contractors and this Contract.erformed under and all claims Contractor may have for payment for work pthis Contract, Contractor agrees and shall hold the City harmless from any By execution of 574.26. § not later claim the City has violated Minn. Stat.and may er the terms of this Contract actor undperformed by Contrelements workProject s payment to Contractor for all ’Owneris adequate to guarantee in an amount and in a form it determines Ownershall obtain surety from the Owner Contract, Contractor -As a condition of performing work under this City (3) s maintenance period. ’and with an effective date covering the ContractorContractor shall also provide a maintenance bond in the same amount, maintenance period, year-ones ’he expiration of Contractoreffect until tIf the bonds do not state on their face that they remain in full force and (2) payment of all claims for the labor and materials, respectively. ontract in accordance with the plans and specification and Cperformance of the l guarantee the required by Minnesota Statutes, Section 574.26, and shalontract. Said bonds shall be conditioned as Cmaterials for the purpose of this of City, and the payment bond for the benefit of all persons furnishing labor and with the performance bond for the use 34,965.00$ at least be in the total sum ofcompany authorized to do business in the State of Minnesota. Each bond shall y, performance and payment bonds executed by itself and a surety Prior to commencement of any work under this contract, Contractor shall furnish (1) by the Contractor. erformedwork to be pimprovements public the estimated cost of the saccurately representform acceptable to the City that in an amount and in a surety 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) bond for completion of the required elements;nce City may contact the bonding agents and take action against the performa (3) 5 296 f the City without any further acts shall become the property o Project elementsCity, the Engineer and is subsequently accepted by City. When accepted by the & Oversight Observation until such work is certified by Project elements for the maintenance of the City accepts no responsibility .NTENANCE, OWNERSHIPCITY ACCEPTANCE, MAI VI. schedule.roject, to discuss project scope, erosion control, and general commencing work on the Pto prior s representative shall be held’and the Cityht Engineer, Observation & OversigEngineer, Design , Contractor, Ownersite meeting between the -. An onCity Engineerroject are on file with the ans and specifications for the Papproved plthe approved and have been slanand Grading Pcivil construction plans until the commence on the ProjectWork shall not .incorporated herein by reference all of which are written above,Utility Construction in effect on the date first Standards for Street and s ’Rochesterplans and specifications, and the City of approved the , Contractthis consist of which are made a part hereof to the same extent as if fully set forth herein, , Documents”)(“Contract for the Project ocumentsDontract CThe CONTRACT DOCUMENTS. V. infrastructure within the City. other engineering services for public Engineer the opportunity to perform Design may be used as a basis for denying ContractFailure to do everything required by this d) City Engineer. acceptable to thethe City in a format shall be provided to . Said record drawings critical grading elementsand infrastructurepublic Project related rawings for all drEngineer shall provide Design c) $1,000,000.00. less than notbe coverage shall aggregate inimum mThe related to the Project. plan and specification preparation, and record drawingsesign, dEngineer shall maintain Errors & Omissions Insurance for all of its Design b) in the same discipline would in the same or similar circumstances. professionalsprescribed in the code of practice of his or her profession, or as other , diligence, and skill careexercise the level of ethical and legal duty of a professional to its maintain Engineer shall Design . In performance of its duties, Standard of Care a) OBLIGATIONS. SPECIFIC S’EERDESIGN ENGIN IV. projects within the City. denying Contractor the opportunity to construct other public improvement may be used as a basis for Contract Failure to do everything required by this (6) maintain insurance during such maintenance period.in any event shall expiration date indicated on the original certificate, and maintenance period, Contractor shall provide a new certificate prior to the any insurance certificate indicates the policy shall expire prior to the end of the ntention to cancel or terminate. If s i’written notice of the insurance company ’City of Rochester is to receive thirty daysthe any insurance above described, shall be endorsed indicating that in the event of cancellation or termination of Approvals requirements. All policies of insurance Contract Inspections andthis also ensure that its subcontractors are aware of and abide by the provisions ofand that certificates to this effect are filed with the City Clerk. Contractor shall s compensation insurance, as set forth above, ’ile and workermaintain automobresponsibility of Contractor to determine and require that such subcontractors ontract shall be done by Contractor through subcontractors, it shall be the Cthis 6 297 ’these claims, including attorneyurse all costs of Engineer agrees to reimbDesign The .Contractemployees under this Engineer or its subcontractors, agents, or Design the negligent activities of The agents, and employees from all claims, suits, or actions resulting from or arising out of cials, officers, Engineer agrees to indemnify and hold harmless the City, its offiDesign to defend and pay all costs in defending these claims, including attorney’s fees.The Contractor agrees .Contract its subcontractors, agents, or employees under this e Contractor or activities of th from or arising out of the negligent or otherwise tortiousagents, and employees from all claims, suits, or actions of whatsoever nature resulting Contractor agrees to defend, indemnify and hold harmless the City, its officials, officers, s fees.’pay all costs in defending these claims, including attorneyto defend and sagree OwnerThe .Contractts, or employees under this its agen ,Owneractivities of the nature resulting from or arising out of the negligent or otherwise tortiousofficials, officers, agents, and employees from all claims, suits, or actions of whatsoever to defend, indemnify and hold harmless the City, its sagree Owner .INDEMNITY XI. create a conflict of interest for any purpose. ,Oversight EngineerObservation & and Design Engineer provided by right to claim that servicesand this relationship and waive any underst OwnerCity and Professional Services.ontract for d to the City under a separate can Ownerprofessional services to the required to provide may be Observation & Oversight Engineerand EngineerDesign For the construction of these public facilities .CONFLICT OF INTEREST X. .performed hereunderontract and the work to be Cwith all ordinances and regulations applicable to this agents and employees to comply with all federal, state and local laws, together itsshall comply and Design Engineer , Contractor, Ownerontract, Cauthorized by this In connection with the administration and performance of the work COMPLIANCES. IX. shall in no way be the obligation or responsibility of City.Contract employees while engaged in any work or services under this s’any partyon the part of retirement membership or credit, and any and all such claims and any act or omission verage, , social security coitscompensation coverage, unemployment insurance benefs ’employees of the City for any purpose whatsoever, including, but not limited to, workerof any work or services required or provided for herein shall not be considered performance arties in the Pindependent contractors and all persons employed by said are , and Observation & Oversight Engineer EngineerDesign , Contractor, Ownerthat arties Pby all It is expressly understood and agreed OR.INDEPENDENT CONTRACT VIII. d by the City. within a schedule approveis being made, shall perform such work identified as needing completion or correction in accordance with City specifications or has not been accepted, or that a warranty claim roject, or a portion thereof, has not been constructed Pthat the or its agent, from the CityContractor, within 14 days after receiving notice and / or Owner .ACCEPTANCE-NON VII. obligations. ’sieartcompletion of the remaining he s work independent of t’Contractors, or ’EngineerDesign s, ’Ownermay accept the City Engineer .)itxhibon the attached Eprovided for reference Acceptance is example (an City Acceptanceseparate execution of a s’by the City Engineer memorializeds Acceptance of the work shall be ’City. duration established by this Contractfor the ontract Cstability of all work done and materials furnished and installed pursuant to this , except that Contractor guarantees and agrees to maintain the Owneror deeds of the 7 298 ct have been freely and fairly negotiated.terms and conditions of this Contrahe Parties acknowledge and agree that the tCity and accordance with this Contract. ; or (2) object to venue to the extent that any proceedings are brought in conveniensforum non any right to: (1) assert the doctrine of they may legally do so, waivehe Parties, to the extent City and tor Federal courts located in the State of Minnesota. the Parties shall litigate, to the extent allowed by law, only in the State City and Contract, oceeding arising in connections with this With respect to any and all actions or pr jurisdiction. conflict of law provisions that would require application of the laws of any other construed in accordance with the laws of the State of Minnesota, excluding any the Parties will be governed by and City and performance of this Contract between The formation, interpretation, and .& CHOICE OF VENUE GOVERNING LAW XVII. Instrument.all such counterparts taken together shall be deemed to constitute one and the same arties hereto on separate signature pages, and the different PCity and counterparts by . This Contract may be executed in any number of COUNTERPARTSEXECUTION IN XVI. consultants.-own staff and/or sub itsworkmanlike manner through the use of obligated to perform the required work in a professional and isontract and Cit is bound by the terms of this atth s. Contractor acknowledgePtheCity and ntract amendment signed by oand formal C written consent of the City Engineer priorthe shall not substitute Contractor identified herein without Owner .SUBSTITUTION XV. .Contractexpiration of this survive the termination or, this clause will to the contrary Contract Notwithstanding any provision in this condition. any and all legal objections they may have to any such term or and specifically waives ition found within this Contractthe legality of any term or condthat they will not challenge arties agreeP the City andAs such, .Contract terms of thisdevelopment or administrative delays associated with a legal challenge to any of the arties wish to avoid any P the City and ent not set forth herein.representation or statemelied upon any has made the decision to accept them as stated herein; and (d) has not rterms, appreciates the significance of those terms and itsunderstands all of andread ; (c) has Contractterms and conditions, and to consult an attorney before signing this s ’ontractCdeems appropriate; (b) has had a sufficient amount of time to consider this own volition with such consultation with legal counsel as it itsvoluntarily and willingly of knowingly, Contract(a) enters into and executes this Engineer acknowledge that it:Design Contractor, Ownerthe , ContractBy executing this .CONCURRENCE XIV. .only in the specific instance and for the specific purpose givenSuch waiver, consent, modification, or change shall be effective arties. P the City and shall bind either party unless in writing and signed by Contractchange of terms of this representations not specified herein. Furthermore, no waiver, consent, modification, or no oral or written understandings, agreements, or and representations. There are supersedes all prior negotiations, understandings, agreements, instrumentupon. This agreement, and the complete and exclusive statement of the terms agreed ’Pthe City’s and constitutes the final expression of the Contract. This MERGER CLAUSE XIII. .constitute a waiver by the City of that or any other provisionontract shall not Cof the City to enforce any provisions of this . The failureWAIVER XII. 8 299 \[Signature Pages Follow\] to be completed pursuant to this Contract.onstruction Contract shall apply to the Project and Owner agree that the terms of the Cpart of the Work to be completed pursuant to the Construction Contract. Contractor The Owner and Contractor agree that the Project is .CONSTRUCTION CONTRACT XIX. from the City.received a written Notice to Proceed Grading Plan are approved, and Contractor has ocuments are fully executed, the Construction Plans and such time the Contract De until ontract shall not commencCWork under this .COMMENCEMENT OF WORK 9 300 Dated __________________________, 2024 Clerk City Kelly K. Geistler, ATTEST: ______________________________ Dated __________________________, 2024 MayorKim Norton, BY____________________________________ a Minnesota municipal corporation , MINNESOTA, CITY OF ROCHESTER executed on the day and year hereinabove set arties hereto have caused this Contract to be duly ITNESS WHEREOF, the respective PIN W I 10 301 Notary Public ___________________________________ and on behalf of the corporation.egoing instrument and acknowledged that he/she executed the same as his/her free act and deed forperson who executed the and who is personally known by me to be the , Minnesota corporationa ,Premier Bank Minnesota_________________ of the _________________, by 2024,___________, day of _____The foregoing instrument was acknowledged before me this ) ____________COUNTY OF ) SS )STATE OF MINNESOTA Its: __________________________ By: __________________________ a Minnesota corporation ,Premier Bank Minnesota OWNER: 11 302 Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of of (Name execution acknowledged said that and Directors; of Board its of authority by corporation said of behalf on wassaid instrument Code)(Zip (City that and corporation;a , , (Address) Corporation) of (Name , , of theis he/shethat say did sworn, dulyme by of (Name being who known, personally me to, me before2024, , of day this On OF COUNTY FOR OWNER SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 12 303 Notary Public ___________________________________ .corporationfree 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 and who is personally known by me to be the , a Minnesota corporation, Construction, Inc.Elcor by _______________________________, the __________________________ of ___________The foregoing instrument was acknowledged before me this ___ day of ) COUNTY OF _____________ ) ss. ) STATE OF MINNESOTA _________________________Its __ By ____________________________ a Minnesota corporation ,Elcor Construction, Inc. CONTRACTOR: 13 304 Commission My County: Public Notary corporation. said of deed and act free the be to instrument said of of (Name execution acknowledged said that and Directors; of Board its of authority by corporation said of behalf on wassaid instrument Code)(Zip (City that and corporation;a , , (Address) Corporation) of (Name , , of theis he/shethat say did sworn, dulyme by of (Name being who known, personally me to, me before2024, , of day this On OF COUNTY FOR CONTRACTOR SIGNATURE AUTHORIZATION CORPORATION OFOWLEDGEMENT ACKN 14 305 55901 MN Rochester, 100 Suite NW, Parkway River West 4001 Works Public Rochester by: drafted was document This Public Notary corporation. the of behalf on and deed and act free his/her as same the he/she that acknowledged and instrument foregoing the who person the be to me by known personally is who and, , a Minnesota corporationMassey Engineering & Surveying, Ltd.WSE of the , by 2024, , of day thisme before acknowledged was instrument foregoing The ) OLMSTED OF COUNTY ss. ) ) MINNESOTA OF STATE _ Its By a Minnesota corporation ,WSE Massey Engineering & Surveying, Ltd. ENGINEER: DESIGN 306 Expires:Commission My County: corporation. said of deed and act free the be to instrument said of Officer) of (Name execution acknowledged said that and Directors; of Board its of authority by corporation said of on executed wassaid instrument Code)(Zip & State) (City that and corporation;a , , (Address) Corporation) of (Name, , of theis that say did dulyme by Officer) of (Name being who personally me to, appeared me , of day this On OF STATE OF ENGINEERFOR DESIGN SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 307 61 615Construction Plan for J5 Reference drawing of EXHIBIT A 308 71 Blank Example of Engineer’s Certification of Acceptance EXHIBIT B ArcMap reference drawing showing location of J5615 – Premier Bank 309 Plans cover sheet for J5615 – Public Watermain & Hydrant to Serve Premier Bank 310 311 312 SPECIAL CONDITIONS 6,960.00507-405-4363OVERSIGHTOVERSIGHT1765 RESTORATION RD SW507-405-4363TYLER@WSE.ENGINEERINGPROJECT ENGINEERTYLER MANDLER OCTOBER 31, 2025 AUGUST 20th 2024 313 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 TimeCurb / Gutter pouring100%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 Attachment?A 314$6,960.00TOTAL?COST?=TOTAL?HOURS?=?50-$1,160.00-As?Needed MATERIAL?TESTING-4$600.00-As?Needed WARRANTY?PERIOD?AND?PROJECT?CLOSEOUT-8$1,000.00-As?Needed AS-BUILT?DOCUMENTATION-8$1,200. 00-As?Needed PROJECT?OVERSIGHT-30$3,000.0010100%WATERMAIN 3 CONTRACT?HOURSTASK?COST(Hrs)AVERAGE?DAYCOVERGE?(%)OVERSIGHTCONSTRUCTION?OBSERVATION?&?OVERSIGHT?TASKSENGINEERING?SERVICES:Schedule?Estimate d?Days 07/31/2024J-5615PREMIER?BANK?WATERMAIN Premier?Bank?Watermain?COC 315 orColDone%StartEndDaysWork?Task?StartTask?Duration DaysCal.?sPredecessorDateStartWBSTaskDaysWork?DateEnd LevelWBS Aug?2024?-?Feb?2025???????010/31/202550%Fri?10/31/25Fr i?10/31/251??Contract?Closed 2.4 2???????55??Warranty?Walkthough2.2550%Mon?10/27/25Fri?10/31/2 2.3 2???????40??1?Year?Warranty2.136050%Fri?11/01/24Sun?10/26/252 2.2 2???????10/31/241??COC?Completion? Date10/31/20240X0%Thu?10/31/24Thu?2.1 2???????X0%Fri?11/01/24Fri?10/31/25245 11/1/202410/31/2025 Warranty?Period 2 1???????/2435??Engineer's?Acceptance1.25050%Mon?9/09/24Mon?10/28 1.3 2???????e?8/20/24Sun?9/08/2412??Watermain?Installation?(3?Working?Days)1.12050%Tu 1.2 2???????45??Breaking?Ground8/13/2024750%Tue?8/13/24Mon?8/19/2 1.1 2???????XTue?8/13/24Mon?10/28/2452 8/13/202410/28/2024 Watermain?Construction 1 1AuSONDJaF Yes Show?Overdue:Today:Thu?8/8/2024Month:1End:Fri?10/31/2025Display:MonthlyStart:Tue?8/13/2024ndlerWSE?Massey?Engineering?,?Project?Engineer:? Tyler?Ma Gantt?Chart?Template?Pro?©?2006-2020?by?Vertex42.co 316 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 317 .’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.318 .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 319 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 10 320 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 321 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 17 322 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 323 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, 08/08/2024 324 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 BEFORE55901MNRochester4001 West River Parkway NWCity of RochesterJ#5615$5,000Deductible per claim$2,000,000Per Claim$2,000,000Aggregate Limit10/16/202410/16/2023Professional/Po llution LiabilityC1,000,0001,000,0001,000,00010/16/202410/16/20230101WP105249902NB2,000,0002,000,00010/16/202410/16/2023A655735AAdditional Insured1,000,00010/16/202410/16/2023A655735A4,000,0004,000,0 002,000,0005,000300,0002,000,00010/16/202410/16/2023A655735A23-2413188CNA10895Midwest Ins Co15350West Bend55944MNKassonPO Box 100WSE Engineering Services LTDqstreich@nesbitagencies.com(507) 625-7166(507) 625-5558Quinn Streich56001MNMankato115 St Andrews Ct, Suite 100Ross Nesbit Agencies, Inc. 325 M 326.devorppa?)PDG100-3202DC(?nalP?tnempoleveD?lareneG?-?lavorppA?latnemtrapeD?:4202?,81?hcraM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdradnatS?ytiC?ot?detcurtsnoc?si?,tnempolevedetavirp?a ?ot?eud?ro?tnempoleved?etavirp?a?nihtiw?,erutcurtsarfni?cilbup?fo?noitallatsni?eht?taht?erusneot?dengised?si?hcihw?,margorP?noitcurtsnoC?renwO-ytiC?eht?fo?trap?deriuqer?a?si?tcartnoc?renwO-ytiC?A:tca pmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.sdradnatS?dna?snoitacificepSytiC?eht?ni?denifed?sa?,tcejorp?eht?rof?secivres?lacinhcet?lanoi sseforp?sedivorp?renwO?eht?taht?tcartnocrenwO-ytiC?eht?yb?deriuqer?si?tI?.renwO?yb?diap?dna?,767,901$?rof?,)reenignE?gnitlusnoC?sa(?,.cnI,setaicossA?&?gnitloN?htimS?htesdiW?htiw?dednemmocer?si?tcartn oc?secivres?lacinhcet?lanoisseforp?A.tcejorp?siht?rof?ezilitu?ot?tcartnoc?derreferp?eht?si?ti?dna?,sdradnatS?ytiC?steem?erutcurtsarfni?cilbupfo?ytilauq?eht?taht?gnirusne?elihw?tnempoleved?rof?enilemi t?s'renwO?eht?etadommocca?lliw?tcartnoc?renwO-ytiC?a?fo?esu?ehT?.)reenignE?ngiseD?sa(?,.cnI?,setaicossA?&?gnitloN?htimS?htesdiW?dna?,)rotcartnoC?sa(,.cnI?,noitcurtsnoC?roclE?,)renwO?sa(?,CLL?,tnempol eveD?FC?htiw?dednemmocer?si?tcartnoc?renwO-ytiC?A".1?esahP,noisividbuS?tsriF?smraF?ydissaC?evreS?ot?stnemevorpmI?cilbuP"?,5555J?.oN?tcejorP?rof?licnuoC?eht?ybnoitaredisnoc?rof?stcartnoc?secivres?laci nhcet?lanoisseforp?dna?renwO-ytiC?drawrof?sgnirb?skroW?cilbuP:evitarraN?tropeR.tcartnoc?renwO-ytiC?eht?fo?noitucexe?ytiC?ot?tcejbus?",1?esahP?,noisividbuS?tsriFsmraF?ydissaC?evreS?ot?stnemevorpmI?cil buP"?,5555J?.oN?tcejorP?ot?detaler?krow?rof?767,901$rof?,.cnI?,setaicossA?&?gnitloN?htimS?htesdiW?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2;dna?noitatnemucod?ecnarusni?dna?dnob?etairporppa?e ht?fo?noissimbus?s'rotcartnoC?dna,slavorppa?nalp?gnidarg?dna?tcejorp?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",1?esahP?,noisividbuStsriF?smraF?ydissaC?evreS?ot?stnemevorpmI?cilbuP"?,5555J?.oN?tcejorP?ro f?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???42.F5555J?.oNtcejorP?-?1?esahP?,noisividbuS?tsriF?smraF?ydissaCevreS?ot?stnemevorpmI?cilbuP?:tcartnoC?renwO-ytiC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE M 327 5555J?.oN?tcejorP?-?1?esahP?,ts1?smraF?ydissaC?-?tcartnoC?secivreS?lacinhceT?lanoisseforP5555J?.oN?tcejorP?-?1?esahP?,ts1?smraF?ydissaC?-?tibihxE5555J?.oN?tcejorP?-?1?esahP?,ts1?smraF?ydissaC?- ?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 ?riehtrof?reenignE?gnitlusnoC?eht?gnitasnepmoc?ni?esu?rof?ytiC?eht?ot?tnemyap-erp?edivorp?lliw?renwO?eht?dna,tcartnoc?renwO-ytiC?eht?fo?noitaraperp?eht?rof?ytiC?eht?diap?sah?renwO?eht?,stcartnoc?eht? yb?deriuqer?sA:tcapmI?ecruoseR?&?lacsiF.devorppa?)TALP200-4202DC(?noisividbuS?dnaL?rojaM?-?gniteeM?licnuoC?:4202?,6?ya 1 328 in and Project Plansconsistent with the approved in a manner and 5, 202August 1by completion of all Project work elements s’shall oversee the Contractor Owner c) of evaluating the design of the Project elements.results of said Report available to the City and its designees for the purpose to make the ) for the Project. Owner is obligated ”Report“prepare a Geotechnical Report (hereinafter ) to ”Geotechnical Professional“(hereinafter a Minnesota corporation ,Inc. TestingChosen Valley the professional services of edseparate document retain Owner has by 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 ,, Craig Britton, s representative’Owner a) .OBLIGATIONS SPECIFICS ’OWNER I. as follows: NOW, THEREFORE, it is hereby mutually agreed between City and .sSpecifications Standard ’Cityadherence to the the approved Civil Construction Plans for the Project (hereinafter Project Plans) and including full compliance with , 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 , and ’A‘sheet depicted for reference as attached Exhibit planthe ,”555J5 – Phase 1 arms FirstCassidy FPublic Improvements to Serve “referred to as generally Engineer, plans and specifications thereof prepared by approved the the Property, consistent with a portion of way or public easements lying within or abutting -of-public infrastructure or perform other private work within the public rightcertain construct own expense, itsat ,(through execution of this Contract) topermission requesting is wner O 2) .”Property“hereinafter referred to as the and ,MinnesotaOlmsted County, , being platted as Cassidy Farms First in the City of Rochesterreal property owns Owner 1) WITNESSETH, THAT WHEREAS .greementAof this he general terms and conditionsnder tu ”“the referred to as be collectively shall hereinafter Engineerand ,, ContractorOwner .)Engineer, depending on the context or “Observation & Oversight ”Engineer“(hereinafter referred to as corporation dba Widseth Minnesota a dseth Smith Nolting & Associates, Inc.,iW”Contractor“referred to as hereinafter ( corporation, a Minnesota , Inc.lcor ConstructionEand ) ”Owner“as hereinafter referred to ( limited liability company Minnesota a, CF Development, LLC ), and”City“(hereinafter referred to as a Minnesota municipal corporation, ity of Rochester,C, between the 42_______________, 20, made this _______ day of AGREEMENT OWNER CONTRACT, (“-CITYTHIS OWNER CONTRACT-CITY 2 329 $158,202.64 =$108.88 per ft (2024 rate) centerline feet x 1453 J7816 Sanitary Sewer Centerline Charge. J7816 Sanitary Sewer ExtensionFinancial Obligation for 16,158.56$ = ardy uareper sq 76sq. yds. X $1. 9181 Contribution for First Seal Coat 137,064.23$ developable acres = 7.58per dev acre x 1 7,796.60$ Hadley Valley Trunk Sewer Rate (TSR) )natural steep slopesminus 1.36 acres ,developmentreplatting and for future DOutlot 3.29 acres minus A, B & C, spublic Outlot10.87 acres minus , otal plat33.10 acres t(* 59,037.16$ developable acres* = 17.58x $3,358.20 per dev acre )WACAvailability Charge ( Water : calculatedare Agreementthis Certain Development Charges applicable to f) concerns. to resolve any Engineer or his/her designee Citythe directly with communicate shall Owner, duties s’Observation & Oversight Engineers regarding has any Ownerperforming its duties related to the Project. In the event Engineer Observation & Oversight or interfere with shall not provide work direction Owner e) and paid by City. have been claimed, verified, Observation & Oversight Engineerexpenses incurred by s confirmation that all applicable ’upon City the net differencewho made initial payment, s representative’Owner, City will reimburse Ownercollected from andspecified above Engineer and approved by City, are less than the amount Observation and Oversight and oversight expenses for the Project, as documented by observation the event the In .5, 202August 1 subject to the work elements for the Project being completed by, ojectand oversight for the Probservation financial obligation related to construction shall have no other Owner. Observation & Oversight Engineerto be performed by and oversight services for the Project that are observation financial obligation related to s ’Ownerrepresenting .00109,767$the amount of to City shall pay representatives ’Owners execution of this Contract, ’OwnerConcurrent with ject. oversight for the Proand observation City, through a separate arrangement, to perform construction retained by beens ha )”Observation & Oversight Engineer“(hereinafter referred to as corporation dba Widseth Minnesota a Widseth Smith Nolting & Associates, Inc., d) the Project work elements.completion of as a result of the delay in ,corporation dba Widseth Minnesota a ,Associates, Inc.Widseth Smith Nolting & by and oversight observation additional related to by the City incurred City for additional costs reimburse may be obligated to Owner Contractor may be required by City to execute an Addendum to the Contract, andand Owner, 5, 202August 1 event the Project work elements are not completed by and any changed working conditions (due to weather, soils, etc). provisions,quirements or of the City Ordinances, development conditions, or State or Federal reand City related to the Project or Project Property, or requirements , Ownerbetween the to fulfill the conditions or intent of the Development Agreement, or any other agreement required costs, including any scope of work changes that may be construction all Project for shall pay Owner ,pecifications. AdditionallyStandard Design Sadherence with City 3 330 the Project.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 and performance of its work ffect cost, progress, asatisfied as to the general, local, and Property conditions that may ,examination of the Property and the adjacent areas, has become familiar withalert visual and has visited the Property, conducted a thoroughstates it Contractor b) Project.the related to data and reference items ll otherd aplans, City design specifications, an, civil construction has examined and carefully studied the Contractstates it Contractor a) .REPRESENTATIONS S’CONTRACTOR II. and recording fee.rd document preparation professional), for said easements, and shall pay City a standaOwner shall provide City a legal description and exhibit drawing (prepared by a qualified by Owner. Agreementeasements, at no cost to City, concurrent with execution of this all dedicate all dedicated for all public infrastructure for the Project, Owner shway have previously been -of-Unless all public drainage & utility easements, and right )i 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 ailure to do everything required by this agreementF )h Public Works prior to commencement of installation of the private utility servicespermit(s) and inspection(s) are required from and that separate utility connection Agreementbeing constructed as part of this development are NOT part of this Owner acknowledges that all private sanitary sewer & water service connections )g .due within 30 days after invoicing ises identified above Payment of development charg by Owner concurrent with development of the Property.that cannot be completed ,(as depicted on the exhibit attached to this Contract) Outlot B completion / final construction of the Storm Water Pond BMP withinCity for future the amount agreed to in the Development Agreement, to compensate Owner shall pay Financial Obligation for Completion of Storm Water BMP Property. consistent with the terms of the Development Agreement for the approval, and, as calculated as part of the Civil Plan Owner shall pay any applicable SWMPAC Storm Water Management Plan Area Charge (SWMPAC) .Owner shall pay for Signage as determined by the City Traffic Engineer Financial Obligation for Street Signs Engineer.Owner shall pay for Pedestrian Ramps, as determined by the City Financial Obligation for Pedestrian Ramps 4 331 with the performance bond for the 1,821,858.00$ at least be in the total sum ofcompany authorized to do business in the State of Minnesota. Each bond shall y, performance and payment bonds executed by itself and a surety to CitPrior to commencement of any work under this contract, Contractor shall furnish (1) by the Contractor. erformedwork to be pimprovements the estimated cost of the saccurately representform acceptable to the City that in an amount and in a 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) bond for completion of the required elements;action against the performance City may contact the bonding agents and take (3) ;City may withhold future contracts with the Contractor (2) elements are completed;withhold the issuance of building permits until such time as the outstanding noncompliance indicating that the City will City may record an affidavit of (1) :it may deem appropriate, including but not limited to the followingCity may take action to resolve the outstanding items through whatever legal course , schedule iselements have not been completed within th’the event Contractor. In see attached schedule exhibit for reference)( daysworking 98within , the Construction Plans for Civil all public improvements within the approved complete Upon commencing specific work elements, Contractor shall . 5, 2021 by for warranty items that are subject to this contract, to the satisfaction of the City, on or The Contractor shall complete all of its Project work elements, except Completion Date. c) ay require.minjuries, and keep danger signals at all places and at such times as the public safety Contractor agrees to take all precautions necessary to protect the public against b) prior to commencement of installation of the private utility services.ks utility connection permit(s) and inspection(s) are required from Public Worand that separate Agreementpart of this development project are NOT part of this that all private sanitary sewer & water service connections being constructed as ctor acknowledges withhold, condition or delay approval of any subcontractor. approved owner contract addendum(s). City shall not unreasonably -subsequently Cityapproved Project Plans and specifications, and as they may be amended based on any elements, based on the the contract documents. Contractor shall perform the work and specifications incorporated into the Project Plans, and to do everything required by Engineer, and in compliance with current year City of Rochester engineering standards approved by the City Project Plansect described herein, in accordance with of the Projequipment, and to do and perform all the work and labor necessary in the construction Contractor hereby covenants and agrees to furnish all materials, all necessary tools and a) .OBLIGATIONS SPECIFIC CONTRACTOR III. uch reports and drawings. Property that have been identified in the technical data in sdrawings related to hazardous environmental conditions, if any, at or adjacent to the been identified in the technical data in such reports and drawings, and (2) reports and e Property that have conditions related to existing surface or subsurface structures at thsubsurface conditions at or adjacent to the Property and all drawings of physical it has carefully studied all: (1) reports of explorations and tests of Contractor d) 5 332 prior to the end of the maintenance period, Contractor shall provide a new cancel or terminate. If any insurance certificate indicates the policy shall expire s intention to ’anywritten notice of the insurance comp ’is to receive thirty dayscancellation or termination of any insurance above described, City of Rochester policies of insurance shall be endorsed indicating that in the event of ections and Approvals requirements. All Insp this Agreement’s the provisions ofContractor shall also ensure that its subcontractors are aware of and abide by set forth above, and that certificates to this effect are filed with the City Clerk. s compensation insurance, as ’automobile and worker subcontractors maintainthe responsibility of Contractor to determine and require that such shall be done by Contractor through subcontractors, it shall be Agreement this compensation. In the event that all or a portion of the work contemplated by ’orkersCity Clerk a certificate indicating insurance is in effect for wContractor shall also file with the any liability insurance maintained by the City.s liability insurance shall be primary to ’Contractorinsurance with the City Clerk. es of such automobile an additional insured, and to file a certificate or certificatproperty damage limits of at least $500,000, naming the City of Rochester as with bodily injury limits of at least $1,500,000/$3,000,000 and Agreement of this on all vehicles in the performance on their vehicles and to maintain insurance insurance, with the City Clerk. Contractor further agree to maintain insurance of at least $500,000, and file such policy of insurance, or a certificate of such $1,500,000/$3,000,000 and property damage limits bodily injury limits of at leastinsurance policy naming the City of Rochester as an additional insured, with duration not less than its maintenance and warranty period, a general liability Contractor, at its own expense, shall procure and maintain for a Insurance. (5) .at the discretion of the City Engineer or his designeexisting City sewer lines. This/These plugs shall only be removed sewer lines to elocation(s) designated by the City Engineer prior to connection of new sanitary Contractor will install a sewer plug(s) at a Where applicable, . Sewer Lines (4) subcontractors licensed to perform those specific work elements. tractors and All work elements shall be performed by con Agreement.this and all claims Contractor may have for payment for work performed under of this Contract, Contractor agrees and shall hold the City harmless from any By execution 574.26. § violated Minn. Stat.may not later claim the City has and Agreement er the terms of this performed by Contractor undelements workProject s payment to Contractor for all ’Owneris adequate to guarantee in an amount and in a form it determines Ownerall obtain surety from the shOwner Contract, Contractor -As a condition of performing work under this City (3) maintenance period. same amount, and with an effective date covering the Contractor’s warranty period, Contractor shall also provide a maintenance bond in the enance and year maint-two effect until the expiration of Contractor’s If the bonds do not state on their face that they remain in full force and (2) specification and payment of all claims for the labor and materials, respectively. in accordance with the plans and Agreement guarantee the performance of the conditioned as required by Minnesota Statutes, Section 574.26, and shall Said bonds shall be Agreement.and materials for the purpose of this for the benefit of all persons furnishing labor use of City, and the payment bond 6 333 obligations. ’sieindependent of the completion of the remaining part’s, or Contractor’Engineers, ’OwnerCity Engineer may accept the .)B itxhibon the attached Eprovided for reference Acceptance is (an example AcceptanceCity separate execution of a s’by the City Engineer memorializedwork shall be s Acceptance of the ’City Agreement.duration established by this for the Agreement stability of all work done and materials furnished and installed pursuant to this , except that Contractor guarantees and agrees to maintain the Owneror deeds of the shall become the property of the City without any further acts Project elementsCity, the Engineer and is subsequently accepted by City. When accepted by the & Oversight Observation until such work is certified by Project elements for the maintenance of the City accepts no responsibility .NTENANCE, OWNERSHIPCITY ACCEPTANCE, MAI VI. schedule.discuss project scope, erosion control, and general roject, to to commencing work on the P prior s representative shall be held’and the CityObservation & Oversight Engineer, Engineer, , Contractor, Ownerbetween the site meeting -. An onneerCity Engiroject are on file with the and specifications for the Pans approved plthe have been approved and slanand Grading Pcivil construction plans Work shall not commence on the Project until the .incorporated herein by reference , all of which areoveon the date first written aband Utility Construction in effect Standards for Street s ’plans and specifications, and the City of Rochesterapproved the , Agreementthis a part hereof to the same extent as if fully set forth herein, consist of which are made for the Project, The contract documents CONTRACT DOCUMENTS. V. infrastructure within the City. Engineer the opportunity to perform other engineering services for public may be used as a basis for denying Agreement Failure to do everything required by this d) City Engineer. acceptable to thethe City in a format shall be provided to . 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. professionalsprescribed in the code of practice of his or her profession, or as other , diligence, and skill 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. y. projects within the Citdenying Contractor the opportunity to construct other public improvement Failure to do everything required by this agreement may be used as a basis for (6) any event shall maintain insurance during such maintenance period.e, and in certificate prior to the expiration date indicated on the original certificat 7 334 supersedes all prior negotiations, understandings, agreements, and instrumentve statement of the terms agreed upon. This agreement, and the complete and exclusi ’constitutes the final expression of the partiesAgreement . This MERGER CLAUSE XIII. .constitute a waiver by the City of that or any other provisionshall not Agreement of the City to enforce any provisions of this . The failure XII. s fee.’of these claims, including attorneyEngineer agrees to reimburse all costs The employees under this agreement.Engineer or its subcontractors, agents, or ent activities of The the negligagents, and employees from all claims, suits, or actions resulting from or arising out of Engineer agrees to indemnify and hold harmless the City, its officials, officers, ay all costs in defending these claims, including attorney’s fees.to defend and pThe Contractor agrees its subcontractors, agents, or employees under this agreement.activities of the Contractor or from or arising out of the negligent or otherwise tortiousm all claims, suits, or actions of whatsoever nature resulting agents, and employees froContractor agrees to defend, indemnify and hold harmless the City, its officials, officers, ’and pay all costs in defending these claims, including attorneyto defend sagree OwnerThe ts, or employees under this agreement.its agen ,Owneractivities of the nature resulting from or arising out of the negligent or otherwise tortiousofficials, officers, agents, and employees from all claims, suits, or actions of whatsoever to defend, indemnify and hold harmless the City, its sagree Owner .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.ontract for cand to the City under a separate nerOwprofessional services to the required to provide Observation & Oversight Engineerand EngineerDesign For the construction of these public facilities .CONFLICT OF INTEREST X. .performed hereunderand the work to be Agreement with all ordinances and regulations applicable to this agents and employees to comply with all federal, state and local laws, together itscause shall comply and Design Engineer Contractor, , Ownerauthorized by this contract, In connection with the administration and performance of the work COMPLIANCES. IX. ibility of City.agreement shall in no way be the obligation or responsemployees while engaged in any work or services under this s’any partyon the part of retirement membership or credit, and any and all such claims and any act or omission , social security coverage, itscompensation coverage, unemployment insurance benefs ’employees of the City for any purpose whatsoever, including, but not limited to, workerof any work or services required or provided for herein shall not be considered by said parties in the performance independent contractors and all persons employed are , and Observation & Oversight Engineer Engineer, Contractor, Ownerthat by all parties It is expressly understood and agreed OR.INDEPENDENT CONTRACT VIII. within a schedule approved by the City. is being made, shall perform such work identified as needing completion or correction in accordance with City specifications or has not been accepted, or that a warranty claim roject, or a portion thereof, has not been constructed Pthat the or its agent, from the CityContractor, within 14 days after receiving notice and / or Owner .ACCEPTANCE-NON VII. 8 335 .Agreementcompleted pursuant to this ee that the terms of the Construction Contract shall apply to the Project to be Owner agrof the Work to be completed pursuant to the Construction Contract. Contractor and Owner and Contractor agree that the Project is part .CONSTRUCTION CONTRACT XIX. from the City.approved, and Contractor has received a written Notice to Proceed Grading Plan areocuments are fully executed, the Construction Plans and Dsuch time the Contract shall not commence until Agreement Work under this .COMMENCEMENT OF WORK XVIII. accordance with the laws of the State of Minnesota.erned by and construed in This Agreement will be gov .GOVERNING LAW XVII. Instrument.counterparts taken together shall be deemed to constitute one and the same counterparts by the different parties hereto on separate signature pages, and all such of may be executed in any number Agreement . This PARTSEXECUTION IN COUNTER XVI. consultants.-own staff and/or sub itsthrough the use of obligated to perform the required work in a professional and workmanlike manner isand Agreement it is bound by the terms of this atth sacknowledge. Contractor all partiesontract amendment signed by ca and written consent of the City Engineer priorthe shall not substitute Contractor identified herein without Owner .SUBSTITUTION XV. Agreement.expiration of this orurvive the termination any provision in this Agreement to the contrary, this clause will sNotwithstanding and all legal objections they may have to any such term or condition. and specifically waives any Agreement ition found within this legality of any term or condallenge the parties agree that they will not ch allAs such, terms of this Agreement.development or administrative delays associated with a legal challenge to any of the All parties wish to avoid any representation or statement not set forth herein.relied upon any has made the decision to accept them as stated herein; and (d) has not terms, appreciates the significance of those terms and itsunderstands all of andread ; (c) has Contractterms and conditions, and to consult an attorney before signing this s ’Contractdeems appropriate; (b) has had a sufficient amount of time to consider this own volition with such consultation with legal counsel as it itsvoluntarily and willingly of knowingly, Agreement (a) enters into and executes this Engineer acknowledge that it:, and Contractor, Owner, ContractBy executing this .CONCURRENCE XIV. .in the specific instance and for the specific purpose givenboth parties. Such waiver, consent, modification, or change shall be effective only byshall bind either party unless in writing and signed Agreement change of terms of this representations not specified herein. Furthermore, no waiver, consent, modification, or representations. There are no oral or written understandings, agreements, or 9 336 42, 20_________________Dated _________ City Clerk Kelly K. Geistler, ______________________________ 4, 202__________________________Dated Mayor, Kim Norton __________BY_________ _________________ a Minnesota municipal corporation , MINNESOTA, CITY OF ROCHESTER CITY: set forth.duly executed on the day and year hereinabove IN WITNESS WHEREOF, the respective parties hereto have caused this agreement to be 10 337 Notary Public ___________________________________ company.and on behalf of the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed person who executed the and who is personally known by me to be the , limited liability companya Minnesota , CF Development, LLC_________________ of the _________________, by ,4202___________, day of _____The foregoing instrument was acknowledged before me this ) ____________COUNTY OF SS) )MINNESOTA Its: __________________________ : __________________________By limited liability companya Minnesota ,CF Development, LLC OWNER: 11 338 My Commission Expires: Notary Public company. that he/she hereby executes said instrument for and on behalf of the limited liability to execute the attached instrument for and on behalf of the limited liability company, and thorized under the articles of organization or operating agreementindicated the he/she is au (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) appeared _________________________, to me personally known, who being by me duly On this _________________ day of ____________________, 2024, before me COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE ILITYACKNOWLEDGEMENT OF LIMITED LIAB 12 339 Public Notary ___________________________________ .cofree 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 and who is personally known by me to be the , corporation, a Minnesota , Inc.Constructionlcor E by _______________________________, the __________________________ of, 4202 ,___________The foregoing instrument was acknowledged before me this ___ day of ) _____________COUNTY OF ss.) ) ___________________________ tsI ________________________ ____ yB a Minnesota corporation ,, Inc.lcor ConstructionE CONTRACTOR: 13 340 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 said Code)(Zip & State) (City 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, 4202 , of day this On OF COUNTY STATE OF FOR CONTRACTOR SIGNATURE AUTHORIZATION CORPORATION OFACKNOWLEDGEMENT 14 341 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 anddba Widseth, corporation, a ,Widseth Smith Nolting & Associates, Inc. of the , by ,4202 , of day thisme before acknowledged was instrument The ) OLMSTED OF COUNTY ss. ) ) OF STATE _ Its By corporation, dba Widseth a ,Widseth Smith Nolting & Associates, Inc. DESIGN 342 51 Expires:Commission My County: Public Notary said of deed and act free the be to instrument said of Officer) of (Name execution said that and Directors; of Board its of authority by corporation said of behalf on executed wasinstrument said Code)(Zip & State) (City that and a , , (Address) of (Name, , of theis he/shethat say did sworn, dulyme by Officer) of (Name being who known, personally me to, appeared me before, 4202 , of day this On OF COUNTY STATE OF ENGINEER SIGNATURE AUTHORIZATION OFACKNOWLEDGEMENT 343 61 555EXHIBIT FOR J5 TRACTOR’S SCHEDULE N 344 71 FOR LOT & BLOCK, AND OUTLOT REFERENCE PROPOSED PLAT OF CASSIDY FARMS FIRST 345 81 Phase 1 Cassidy Farms FirstPublic Improvements to Serve 5 Construction Plan forrawing of Reference d EXHIBIT A 346 91 AcceptanceCertification of ’EngineerExample of Blank BXHIBIT E ArcMap reference drawing showing location of J5555 – Cassidy Farms First Subdivision 347 Plans cover sheet for J5555 – Public Improvements to Serve Cassidy Farms First Subdivision 348KJM 08/01/2027 349 350 SPECIAL CONDITIONS 109,767507-206-2139Construction ObservationConstruction Observation507-206-2139Andre.Ringle@widseth.comCivil EngineerAndre Ringle 08/01/2027 06/18/2024 351 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 J5555?-?Cassidy?Farms?First 352 ItemHoursApproximate?DaysWork?e?Work?ApproximatQuantityApproximate?O&O?Fee?$??????????109,767870109Total?$?????????2,440.0016.02.0Final?Testing?Reporting?and?Documenta tion?$?????????2,440.0016.02.0Engineer's?Oversight?and?Documentation?$?????????4,000.0032.04.0EA0.25EA1Testing?$???????10,750.0086.010.8EA4EA43Utility?Services?$???????10,000.0080.010.0LF400LF40006"? PVC?Subdrain?$?????????????500.004.00.5EA2EA1Pressure?Reducing?Valve?$?????????1,400.0011.21.4EA5EA78"?Valve:?$?????????1,200.009.61.2EA5EA66"?Valve:?$?????????????500.004.00.5EA2EA1Connection?to?Exi sting?W/M?$???????10,285.0082.310.3LF200LF20578"?Watermain:?$?????????1,600.0012.81.6EA50LF806"?Watermain?$?????????3,000.0024.03.0EA2EA6Hydrant?$?????????2,000.0016.02.0EA2EA4Sanitary?Structure?$??? ??????9,250.0074.09.3LF200LF18508"?PVC?Sewer?Pipe?$?????????????500.004.00.5EA4EA2Connection?to?Existing?Sanitary?Sewer?$?????????5,125.0041.05.1EA8EA41Storm?Structure??$???????14,250.00114.014.3LF20 0LF2850RCP?Storm?Sewer??$?????????????500.004.00.5LF100LF504"?Sidewalk?$?????????2,700.0021.62.7LF1000LF2700Curb?and?Gutter?$?????????1,940.0015.51.9SY5000SY9700Geotextile?Fabric?Type?V?$?????????4,5 00.0036.04.5CY1000CY450012"?Select?Granular?Borrow?$?????????7,650.0061.27.7TON1000TON765012"?Aggregate?Base,?Class?5?$?????????1,187.509.51.2TON800TON950Type?SP?12.5?Non?Wear?Course?Bituminous?Pavem ent?$?????????1,187.509.51.2TON800TON950Type?SP?9.5?Wear?Course?Bituminous?Pavement?$???????10,222.2281.810.2CY9000CY92000Grading?$?????????????640.004.00.5Preconstruction?MeetingObservation?and?Over sight?Cost?Estimate?-?07/17/2024 353 354 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 355 .’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.356 .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 357 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 10 358 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 359 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 17 360 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 361 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, 07/15/2024 362 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 BEFORE55904MNRochester201 4th Street SECity of RochesterThis certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy.Re: Job number J-5555$5,000,000AggregateEach Policy Year$3,000,000Each Claim/01/22/202501/22/2024DPR5023732Professional LiabilityA2024-2025 137885XL Specialty Insurance Co.56716MNCrookstonP. O. Box 458216 South Main StreetWidseth Smith Nolting & Associates Inc.(952) 893-1819(952) 893-1933Jeanne Danmeier55437MNBloomingtonSuite 2208201 Norman Center DriveH. Robert Anderson and Associates, Inc. 4/29/2024 363 M 364.gnisuoh?elbadroffa?gnirruccoyllarutan?gnivreserp?yb?tnemssessA?sdeeN?gnisuoH?ytnuoC?detsmlO?eht?htiw?sngila?siht?,yllanoitiddA.dedivorp?era?seitinutroppo?gnisuoh?elbadroffa?ro/dna?ssecca?erusne ?lliw?noitcA?ytinummoC?sreviR?eerhTot?tol?eht?gnirrefsnarT?.stnediser?rof?snoitpo?gnisuoh?elbadroffa?dna?esrevid?etomorp?ot?sevirts?ytiC?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycn arbiV?cimonocEgniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroirP.ht51?rebmetpeS?yb?tol?eht?ot?xelpud?gnitsixena?evom?ot?ytinutroppo?eht?htiw?,elbissop?sa?noos?sa?deyevnoc?eb?dluow?WN?tS?dr3?124?t a?tol?ehT.ytiC?eht?ot?kcab?trever?lliw?ti?,6202?fo?dneeht?yb?depoleved?t'nsi?tol?eht?fI?.ytinutroppo?gnisuoh?ytisned-wol?a?rof?ti?gnisu?fo?noitnetni?eht?htiw?noitcAytinummoC?sreviR?eerhT?ot?tol?eht?y evnoc?dluow?ytiC?eht?,tnemeerga?esahcrup?detfard?eht?no?desaB.gnisuoh?elbadroffa?gnirrucco?yllarutan?evreserp?ot?ytinutroppoeht?rof?noitcA?ytinummoC?sreviR?eerhT?ot?lecrap?siht?gnirrefsnart?sdnemmoce r?tnempoleveD?ytinummoC,laitnetop?tnempoleved?detimil?sah?lecrap?siht?gnizingocer?dna?,noitavonni?rof?ytinutroppo?eht?ot?dnopserot?troffe?na?nI?.noitacol?lecrap?siht?ot?ti?gnivom?yb?xelpud?gnitsixe?n a?evreserp?ot?esora?ytinutroppo?nA.semoh?nwot?sa?hcus?,seitinutroppognisuoh?elas-rof?stimil?sihT?.stinu?owt?tsael?ta?fo?seitreporp?gniriuqer?suht?,tcirtsid?gninoz?4R?nani?detacol?si?dna?teef?003,3?yl hguor?si?lecrap?ehT?.nwardhtiw?retal?saw?hcihw?,ytilicaf?hcraeser?emoh?ynita?hsilbatse?yliraropmet?ot?tnemeerga?esael?raey-eerht?a?rof?deredisnoc?saw?tol?siht?,2202?fo?rebmetpeSnI?.tol?eht?fo?ezis?eh t?nevig?poleveder?ot?lecrap?tluciffid?a?deredisnoc?neeb?sah?ti?sa?,noissucsidsiht?ni?dedulcni?ton?saw?WN?tS?dr3?124?ta?tol?ehT?.seitiroirp?cigetarts?s'licnuoC?eht?hsilpmocca?ot?yawa?ni?desoprup-er?eb ?dluoc?taht?seitreporp?denwO-ytiC?lareves?gnidrager?snoissucsid?erew?ereht?1202?nI:evitarraN?tropeR.ytinutroppo?gnisuoh?ytisned-wol?a?fo?tnempoleved?laitnetop?eht?rof?noitcA?ytinummoC?sreviReerhT?ot? WN?tS?dr3?124?ta?tol?denwO-ytiC?eht?refsnart?ot?tnemeerga?esahcrup?a?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???52.FnoitcA?ytinummoC?sreviR?eerhTot?toL?WN?tS?dr3?124?ta?toL?denwO-ytiC?fo?refsnarT NOITCA?ROF?TSEUQER snedE?nyraT:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE P 365 WN?tS?3?124?-?tnemeergA?esahcruP:stnemhcattA snedE?nyraT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.snoitpo?gnisuoh?elbadroffareffo?ot?kcots?gnisuoh?gni tsixe?ruo?gnivreserp?rof?seitinutroppo?gnidivorp?osla?elihw?,secivres?ytiCgnidivorp?eunitnoc?pleh?ot?stol?eht?no?xat?ytreporp?tcelloc?ot?ytiC?eht?wolla?lliw?stol?eht?fo?tnempoleveD:tcapmI?ecruoseR?&? lacsiF.etadpU?noitisopsiD?lecraP?ytiC?-?noisseS?ydutS?:3202?,6?hcraM.ytreporp?denwo-ytiC?esael?ot?serutneV?latipaC?nivraM?htiw?tnemeerga?esaeL?-?gniteeM?licnuoC?:2202?,91?rebmetpeS.seitiroirp?cigetar ts?gnihsilpmoccarof?etatse?laer?ytiC?gnitsixe?esu?ot?seigetarts?devorppA?-?gniteeM?licnuoC?:1202?,61?tsuguA.seitiroirp?cigetarts?s'licnuoC?eht?sehsilpmoccataht?yaw?a?ni?desoprup-er?eb?dluoc?taht?seit reporp?dessucsiD?-?noisseS?ydutS?:1202?,62?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roir 366 parties as follows:consideration of the mutual premises set forth above, it is agreed between the NOW, therefore, in acquisition.WHEREAS, the parties desire to formalize the compensation and other conditions of this property September 15, 2024. after on or shall occur Torrens PlatPart -Cummings Addition Lot 1, Block 2the West 75 feet of The transfer of ousinghoccurring affordable preservation of naturally for Three Rivers Propertytransfer the has agreed to the City WHEREAS, SEE ATTACHED EXHIBIT A described as follows: Property isThe has been vacant ever since. and 1996deeded to the City in Property washe WHEREAS, t WHEREAS, density rental property-to house a low for Three Rivers opportunitysuitable for the ”) Property referred to as the “collectively (hereinafter Street NW rd at 421 3 City owned lot the the City determined that WHEREAS, housing. able access to housing and affordprofit agency who supports -is a nonWHEREAS, Three Rivers accomplishing strategic priorities. n August 2021 the City Council approved strategies to use existing City real estate for iWHEREAS ").Three Rivers(hereinafter referred to as " profit corporation-a Minnesota non ,ACTIONTHREE RIVERS COMMUNITY a Minnesota municipal corporation, (hereinafter referred to as "City") and CITY OF ROCHESTER, between the 42THIS AGREEMENT, made this ____ day of _________, 20 PURCHASE AGREEMENT 367 (The remainder of this page has intentionally been left blank.) any other claims or liability related to the project.the City, its officers, employees and agents, from sfurther release Three Riversgreement. regarding this Afied herein given. There are no understandings, agreements, or representations, oral or written, not speciin the specific instance and for the specific purpose modification or change, if made, shall be effective only greement shall bind either party unless in writing and signed by both parties. Such waiver, consent, Aor change of the terms of this prior negotiations related thereto. No waiver, consent, modification, greement constitutes the entire agreement between the parties and supersedes any and all other A This 9. and will be enforceable until the stated date. Three RiversProperty to The terms and conditions of paragraph 6 of this Agreement shall survive the closing and transfer of the 8. greement shall be governed by and construed under the laws of the State of Minnesota.AThis 7. .Property individual lot within theof the is responsible for any development charges that are applicable based on the development Three Rivers 6. greement.A this provision of this, incurred in enforcing all costs, including attorney’s fees shall reimburse the City for any and Three Riversthe City. to lot et title to thto reveras may be necessary will execute such deeds and other documents Three Riverst to the City, and rshall revelot the 6,202end of by the renter to an eligible rentedstructed and hasn’t had a home con If the lot . rentersto eligible dwelling rent the district andthe existing zoning which conforms with the lotor relocated to constructed dwellinga will have Three Riverswith the understanding and agreement that Three Riverstransferred to is The lot 5. . shall occur on a date mutually agreed upon by both parties Propertyon the Closing 4. at the time of transfer. Propertyany, which are outstanding on the responsible for the payment and release of all taxes and special assessments, if shall be Three Rivers 3. .deedCity shall be responsible for all other costs associated with the recording of the The the Olmsted County Treasurer. deed tax payable tostate shall be responsible for the Three Rivers 2. .warranty deed byRivers Three to Property he to grant and convey t sagree The City. Property the ofthe acquisition as the total and complete compensation related to 1 per lot the sum of $ shall pay to the CityThree Rivers 1. 368 2024 , Dated _____________________________ City Clerk Kelly K. Geistler, ATTEST: _______________________________ 2024 , Dated _____________________________ Mayor Kim Norton, _____________________________________ BY a Minnesota municipal corporation ,ROCHESTER, MINNESOTACITY OF written.IN WITNESS WHEREOF, the parties set their hands and seals as of the date and year first above 369 Rochester, MN 55901 Parkway NW4001 West River Community DevelopmentRochester This Document Drafted By: NOTARY PUBLIC same for and on behalf of the corporation.Minnesota nonprofit corporation, and who is personally known by me to be the person executing the , a THREE RIVERS COMMUNITY ACTION____________________, the __________________ of , by e this __ day of __________, 2024The foregoing instrument was acknowledged before m COUNTY OF ___________) ) SS STATE OF _____________) Its: By: corporation Minnesota nonprofita THREE RIVERS COMMUNITY ACTION EXHIBIT A 370 esota The West 75 feet of Lot 1, Block 2, Cumming’s Addition to Rochester, Olmsted County, Minn Public Hearings 371 cityclerk@rochestermn.gov2900 or -328-Questions? Contact the City Clerk’s Office: 507 . citycouncil@rochestermn.govSend an email to the full Council at ▪ .Council Members –City Council City’s website under find their email addresses on the –an email to your individual Councilmember Send ▪ Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk - an open comment In the mail to: Send ▪ .the Clerkand give it to person at the Council Meeting-a written open comment form in outFill ▪ Council prior to the meeting that day.ity and your comment will be distributed to the C publiccomment@rochestermn.gov at the email address the City by Noon on the day of the meeting Email ▪ through a different medium, the following contact methods are also available: person to provide public comment, or you would prefer to submit your comments -If you are unable to attend inon is available. optirtual participation Currently no vi ✓ times. speakerpublic hearing manage to used be will timer A ✓ residents.immediately impacted by the Council’s decision, e.g. neighborhood who may be sspeakerpublic hearing When appropriate, priority will be given to those ✓ spent.who yields their time may not speak again once the allotted 5 minutes are speakerpublic hearing may yield their remaining time to another. A speakerpublic hearing A ✓ not receive extra time. does spokesperson This spokesperson. a designate to are encouraged hearing the of matter subject the on view similar a have who Groups ✓ name. their provide shall speakerpublic hearing The ✓ hearing. public a given during once speak only may peakersPublic hearing s ✓ each. minutes 5 to limited be will speakershearing public All ✓ has been made, after which all external comments end.ouncil until a motion C the from questions informational answer also may applicant The ✓ has closed.provide a rebuttal of up to 5 minutes after the public hearing may hearing and public the of the start to prior total of 10 minutes a for present may representative) applicant’s (and/or applicantFor public hearings about various development projects, the ✓ pproval. going in front of the Council for a jectaction, or profic item, provide input to the Council about a speciPublic hearings are an opportunity to suidelineG articipationP earingH Public M 372 elbissecca?dna?tneiciffe?na?edivorp?ot?noissim?sti?htiw?TPR?stsissa?ATF?eht?yb?dedivorp?gnidnuf?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytilauQ:sel picnirP?lanoitadnuoF?&?seitiroirP.nalP?tnemevorpmI?noitatropsnarT?etatS?eht?dna?nalP?latipaC?s’ytiC?eht?ni?deifitnedi?erastcejorP?.tolip?tisnartorcim?dna?,stnemevorpmi?pots?sub?,ediR?dna?kraP?yawdaor B?htroN?,ediR?dna?kraPtS?ht57?eht?fo?noitcurtsnoc?rof?seitilicaF?suB?dna?suB?rof?stnarG?s’ATF?morf?stnarg?yranoitercsid?,tisnarTdipaR?eht?gnidulcni?,stnarg?tnemevorpmi?latipac?erutuf?htiw?dednuf?esoh t?edulcni?detsil?ton?stcejorP.sdnuf?etatS?ro/dna?lacol?ylno?htiw?stcejorp?tcelfer?ton?seoddna?desu?eb?lliw?sdnuf?laredef?erehw?stcejorp?stsil?ylno?margorp?ehT?.dednema?sa?margorP?tnemevorpmInoitatrop snarT?etatS?eht?dna?,margorP?tnemevorpmI?noitatropsnarT?)GOCOR(?’stnemnrevoGfo?licnuoC?detsmlO?retsehcoR?,tegdub?dna?margorP?stnemevorpmI?latipaC?detpoda?s’ytiC?ehtni?deifitnedi?osla?era?stcejorp?ehT ?.”stcejorP?fo?margorP“?eht?sa?ot?derrefer?si?sihT?.sdnuf?esoht?timmocot?sdnetni?ytiC?eht?woh?fo?noitpircsed?a?dna?sdnuf?laredef?elbaliava?eht?swohs?yrammus?dehcatta?ehT.snoitarepo?edir-a-laid?rof?de su?ton?era?srallod?laredeF?.sesnepxegnitarepo?drawot?dettimmoc?eb?sdnuf?laredef?fo?noitrop?a?taht?seriuqer?etatS?ehT?.latipac?ro?gnitarepo?rofdesu?eb?nac?sdnuf?7035?noitceS?.stnuoma?revoyrrac?raey?ro irp?dna?tnemnoitroppa?7035?noitceS?launnas'ATF?eht?edulcni?sdnuf?esehT?.ytiC?eht?ot?elbaliava?secruos?gnidnuf?laredef?seifitnedi?margorp?4202?ehT.dettimbus?neeb?sah?tnarg?gnitarepo?4202?ehT?.ecnavda? stcejorpeht?sa?sesahp?suoirav?ta?deweiver?dna?lavorppa?licnuoC?ot?tcejbus?llits?era?serutidnepxe?dna?stcartnocrodnev?lautca?ehT?.sdnuf?ecnatsissa?tisnart?laredef?fo?erutidnepxe?eht?rof?stcejorP?fo?ma rgorP?tisnarT4202?eht?redisnoc?ot?gniraeh?cilbup?a?si?sihT?.ecnatsissa?laredef?dna?serutidnepxe?detadpu?htiw?yllaunnadleh?neeb?evah?)ATF(?noitartsinimdA?tisnarT?laredeF?eht?rof?stcejorP?fo?margorP?eh t?no?sgniraeh?cilbuP:evitarraN?tropeR.stcartnoc?tnarg?fo?noitucexe?dna?snoitacilppa?tnarg?fo?noissimbustneuqesbus?eht?dna?stcejorP?fo?margorP?tisnarT?4202?fo?gnilif?eht?gnizirohtua?noituloseR?a?gnitp odA:detseuqeR?noitcA???1.GnoitartsinimdAtisnarT?laredeF?stcejorP?fo?margorP?tisnarT?4202 NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAsecivreS?gnikraP?&?tisnarT:TPED?GNITANIGIRO 4202?,91?tsuguA:ETAD?GNITEE p 373 stcejorP?fo?margorP?tisnarT?4202?-?noituloseRstcejorP?fo?margorP?tisnarT?4202?-?ecitoN?gniraeH:stnemhcattA gnoiX?aI:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanr etlA.ecnavda?stcejorp?eht?sa?sesahp?suoirav?ta?deweiver?dna?lavorppa?licnuoC?ot?tcejbusllits?era?serutidnepxe?dna?stcartnoc?rodnev?lautca?ehT?.487,312,71$?si?elbaliava?ecnatsissa?laredef?ehT:tcapmI?e cruoseR?&?lacsiF.devorppA?tcejorP?fo?margorP?tisnarT?3202?-?gniteeM?licnuoC?:3202?,6?rebmetpeS.devorppA?stcejorP?fo?margorP?tisnarT?2202?-?gniteeM?licnuoC?:2202?,91?rebmetpeS.devorppA?stcejorP?fo?mar gorP?tisnarT?1202?-?gniteeM?licnuoC?:1202?,7?enuJ.devorppA?stcejorP?fo?margorP?tisnarT?0202?-?gniteeM?licnuoC?:0202?,6?yluJ.devorppA?stcejorP?fo?margorP?tisnarT?9102?-?gniteeM?licnuoC?:0202?,6?.naJ.d evorppA?stcejorP?fo?margorP?tisnarT?8102?-?gniteeM?licnuoC?:8102?,61?lirpA.devorppA?stcejorP?fo?margorP?tisnarT?7102?-?gniteeM?licnuoC?:7102?,7?.guA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.t nemeganamhtworg?dna?ycnarbiv?cimonoce?dna?,secivres?ytilauq?,gnivil?elbadroffa?rof?seitiroirp?cigetarts?s’ytiCeht?stroppus?dna?elbatpada?dna?,evitceffe-tsoc?,elbailer?,efas?,tneinevnoc?si?taht?metsys ?tisnart?cilbu NENVIRONMENTAL: It is expected that these projects will impact the environment favorably by January 2024.property acquisitions for the project in authorized the City Council l estate or right of way. reaould require the acquisition of Rapid Transit project wthese projects. It should be noted that the RELOCATION: It is not anticipated that persons, families, or businesses will be displaced by consistent with the cost neutral plan outlined in the Transit Development Plan. modifications other route St Park and Ride th 75midyear service changes to include express routes to continued service from 2023 with The proposed funding provides for SERVICE LEVELS: Minnesota and City of Rochester(1) Local includes program revenues (fares, advertising and sponsorships), State of 632,597,12$ future projectsFTA funding in reserve/ for Balance of ,,15 6,61$ 4, ,,10$ TOTALS 987,050,1$ 640,5891,$ 397,410 $ St. Mary’s Station Improvement 316,688,1$ 1,053,350 $ 338 $ Purchase of 2 Replacement Buses 00 7,236,12$ 973,162,1$ 10,263,538$ Route Operations in 2024Operating Assistance for Regular TOTAL FEDERAL LOCAL (1) DESCRIPTION OF PROJECTS ,,7 Total Federal Funds Available $ 527,200 STP Flex FundsFHWA 149,790,2 $ Sec 5339 for 2024 10,379,926$ FTA Sec 5307 Carry Over 4,156,868$ 4FTA Sec 5307 for 202 FEDERAL FUNDING PROGRAM OF PROJECTS 4 2900.-328-or at 507 cityclerk@rochestermn. gov the Rochester City Clerk’s Office at For more information please contact . All interested persons may be heard at the hearingCouncil Chamber at 151 4h Street SE. in the Government Center :00 p.m.6at ,August 19, 2024on will be held , (FTA) AdministrationProgram of Projects to be partially funded by the Federal Transit 42the 20to consider hearing Notice is hereby given by the Common Council of the City of Rochester, Minnesota, that a public PUBLIC TRANSIT PROGRAM OF PROJECTS OTICE OF PUBLIC HEARING supporting public transit services thereby reducing the number of private automobile trips.375 Rochester, MN 55906 300 East River Road NE4 Division Systems Transit and Parking City of Rochester below. Interested individuals may also submit comments in writing to the address projects. the to respect with heard be to persons for provided be will opportunity ,hearing the At services. of transitmay identify and submit applications for other discretionary funding in support City the ,addition In published. be will projects of program final a ,amended is it that case In final program. the considered be shall projects of program this hearing the at amended Unless PROGRAM: FINAL .Rochester Public Transit will not be engaging in school bus serviceSCHOOL BUS SERVICE: operations.Rochester Public Transit will not be engaging in charter bus CHARTER BUS OPERATIONS: funding. with user fees and local and State fixed route bus service. ZIPS is supportedto door paratransit service (ZIPS) for persons who due to a disability are not able to use regular operates a door the City ,additionIn ride or 10 rides for $8.00. A regular adult cash fare is $2.00. years and over and Medicare card holders are $1.00 for a single with disabilities, persons 65regular cash fare during off peak hours on all regular routes. Currently off peak fares for persons persons 65 years of age and over and Medicare card holders will be no more than half the fares for persons with disabilities, ,ELDERLY AND HANDICAPPED: Concurrent with this project .ransportation Improvement PlanTtate and the S identified in the City’s Capital plan bus stop improvements, and microtransit pilot. Projects are St Park and Ride, North Broadway Park and Ride, th the 75and Bus Facilities for construction of Bus FTA’s Grants for from sdiscretionary grantant including the Rapid Transit, improvement grfuture capital Projects not listed include those funded with COMPREHENSIVE PLANNING: RESOLUTION376Transportation.Minnesota Department ofthe the City of Rochester, Minnesota with the U.S. Department of Transportation and execute any subsequent grant agreements on behalf of Minnesota are authorized tohat the Mayor and City Clerk of the City of Rochester, tBE IT FURTHER RESOLVEDgrants.thesepurposes ofTransit Administration and Minnesota Department of Transportation effectuating the /Federal S. Department of Transportationany other document required by the U.file any certifications, assurance or and/or designee are authorized to execute andDirectorTransit and Parking the City Attorney and BE IT FURTHER RESOLVED that facilities.related-construction of bus transitanddevelopment,planning,theand/orvehiclestransitbusofpurchasefi nancial operating assistance,of transit services including;Administration and Minnesota Department of Transportation to aid in the operations Rochester, Minnesota with the U.S. Department of Transportation/Federal Transit zed to file the required applications on behalf of the City of Minnesota is authoriand/or designee for the City of Rochester, DirectorTransit and Parking the thatNOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester Department of Transportation requirements there under;ctives and the U.S. with Title VI of the Civil Rights Act of 1964 and other pertinent direof an application for assistance the Applicant gives an assurance that it will comply provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing with the WHEREAS, it is required by the U.S. Department of Transportation in accord the applicant, including the provision by it of the local project costs; andthe contracts for financial assistance will impose certain obligations upon WHEREAS, make grants for mass transportation Commissioner of the Minnesota Department of Transportation are authorized to the Secretary of the US Department of Transportation and the WHEREAS, Authorizing the filing of 2024Program of Projects. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF377Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY __________________________________APPROVED THIS_____DAY OF_____________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS__________DAY OF______________, 2024. M 378 renwO-ytiC?eht?ni?desserdda?eb?lliw?ytreporp?siht?fo?tnempoleved?eht?ot?elbacilppa?seef/segrahctnempoleveD?.deriuqer?si?stnemesae?cilbup?etis-ffo?dna?no?elbacilppa?yna?fo?noitacideddna?tcartnoC ?renwO-ytiC?a?fo?noitucexe?eht?,erutcurtsarfni?cilbup?yna?fo?noitcurtsnoc?eht?ot?roirP?.3.ytnuoC?detsmlO?ot?diap?neeb?evah?seef?gnisserdda?119E?dna?tcapmiSIG?taht?noitatnemucod?edivorp?llahs?tnacilpp a?eht?,sralym?talP?laniF?fo?noitadrocer?eht?ot?roirP?.2.seitilitU?cilbuP?retsehcoR?dna?skroW?cilbuP?yb?detucexe?dna?devorppaeb?llahs?snalP?noitcurtsnoC?tnemevorpmI?liviC?eht?,sralym?talP?laniF?fo?noi tadrocer?eht?ot?roirP?.1:lavorppa?fo?snoitidnoc?eerht?ot?tcejbus?,talPlaniF?egalliV?yrutneC?,TALP020-4202DC?fo?lavorppa?sdnemmocer?eettimmoC?weiveR?tnempoleveD?ehT?.noisividbuS?dnaL?rojaM?devorppa?eh t?dna?yellaV?yrutneC?rof?PDG?devorppa?eht?htob?htiw?tnetsisnocsi?talp?lanif?sihT?.4202?,5?yraurbeF?no?licnuoC?eht?yb?devorppa?saw?tnempoleved?siht?rof?noisividbuSdnaL?rojaM?ehT?.3202?ni?dednema?dna?7 102?ni?devorppa?,)PDG(?nalP?tnempoleveD?lareneG?yellaVyrutneC?regral?eht?fo?trap?si?etis?ehT?.noitategev?evitan?gnitsixe?dna?edisllih?eht?fo?noitavreserp?tnacifingiswolla?lliw?hcihw?,toltuo?na?nihtiw ?detacol?yliramirp?era?sedislliH?.lacitcarpmi?yellaV?yrutneC?fo?snoitroprehto?ot?snoitcennoc?teerts?gnikam?,tcejorp?eht?fo?tsae?dna?htron?eht?ot?sepols?tnacifingis?era?erehT?.tcejorp?eht?fo?renroc?ts ewhtuos?eht?ta?EN?rDelcriC?tsaE?htiw?stcesretni?hcihw?,EN?daoR?keerC?revliS?.EN?dR?keerC?revliS?morf?eb?lliw?”,enaL?egalliVyrutneC“?,teerts?laitnediser?lacol?eht?ot?sseccA?.cilbup?eb?ot?desoporp?era? syawdaor?eseht?fo?htoB?.teertslacol?a?fo?noitidda?eht?dna?,daor?devapnu?na?yltnerruc?si?hcihw?,edis?htuos?eht?no?EN?dR?keerC?revliSot?stnemevorpmi?eb?lliw?erehT?.steerts?owt?fo?noitcurtsnocer/noitcur tsnoc?eht?edulcni?lliw?tcejorp?ehT?.saeratnempoleved?eht?ni?secaps?nepo?egral?eht?niatniam?dna?eganam?ot?detaerc?eb?lliw?noitaicossA?renwO-emoH?wen?A?.stinu?emohnwot?dehcatta?”elas?rof“?etar?tekram?f o?tsisnoc?lliw?tcejorp?tcejbus?ehT?.etis?ehtssecca?ot?EN?dR?keerC?revliS?fo?noitrop?a?fo?noitcurtsnocer?dna?,dnop?tnemtaert?retaw?mrots?a?,seitilitu,teerts?cilbup?wen?a?fo?noitcurtsnoc?eht?edulcni?ll iw?dna?)laitnediser?ytisned-wol?–?tol?llams(?2-R?denozsi?etis?tcejbus?ehT?.stoltuo?owt?dna?,stol?aera?nommoc?owt?)sgnidliub?xelp-4(?stol?emohnwot?laitnediser27?otni?serca?08.71?edividbus?ot?,egalliV? yrutneC?sa?nwonk?eb?ot?talP?laniF?a?gnisoporp?si?tnacilppa?ehT:evitarraN?tropeR.stoltuo?owt?dna?,stol?aera?nommocowt?,stol?laitnediser?27?otni?serca?08.71?fo?noisividbus?eht?rof?,snoitidnoc?eerht?hti w?,egalliV?yrutneCsa?nwonk?eb?ot?,gnimelF?treboR?yb?TALP020-4202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???2.GegalliV?yrutneC?sa?nwonk?eb?ot,gnimelF?treboR?yb?,TALP020-4202D C?.oN?talP?laniF NOITCA?ROF?TSEUQER hguoeGcM?dnomseD:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE C 379 talP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?noituloseRtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?denibmoC?stnemmoC?weiveR?ycnegAtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?yrammuS?sutatS ?noitidnoCtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?talP?laniFtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?tibihxE?paM?noitacoLtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?paM?noitacifitoNtalP? laniF?egalliV?yrutneC?-?TALP020-4202DC?-?tibihxE?enilemiT?tnempoleveDtalP?laniF?egalliV?yrutneC?-?TALP020-4202DC?-?omeM?DC:stnemhcattA hguoeGcM?dnomseD:yB?deraperP.emit?siht?ta?detseggus?era?snoitca? evitanretla?oN:)s(noitcA?evitanretlA.repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF repapswen?eht?ni?dehsilbup?dna?srenwo?ytreporp?ot?dedrawrof?ecitoN?gnir aeH?cilbuP?:4202?,01?tsuguATALP120-3202DC?.oN?noisividbuS?dnaL?rojaM?egalliV?yrutneC?fo?lavorppA?-?gniteeM?licnuoC??:4202?,5?yraurbeFnoisividbuS?dnaL?rojaM?-?gniteeM?noitamrofnI?doohrobhgieN?:3202?,7 ?rebmeceDA-PDG300-3202DC.oN?tnemdnemA?nalP?tnempoleveD?lareneG?yellaV?yrutneC?-?lavorppA?etammaeT?:3202?,82?enuJPDG44300R.oN?nalP?tnempoleveD?lareneG?yellaV?yrutneC?fo?lavorppA?-?gniteeM?licnuoC?:710 2?,51?yaM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seciohc?gnisuoh?elbaliava?gnisaercni?yb?noitalupop?gniworga?fo?sdeen?eht?steem?taht?noitacol?tcerroc?eht?ta?gnisuoh?fo?epyt?thgir?eht?gnidiv orp?,ytisrevid?gnisuoh?fonoisnapxe?eht?srehtruf?tseuqer?ehT?.ytilibaniatsus?dna?ytilibisnopser?lacsif?dna?,tnemeganam?htworg?dnaycnarbiv?cimonoce?fo?selpicnirp?eroc?nalP?evisneherpmoC?eht?seveihca?ta lP?laniF?rojaM?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.stnemeergA?tnempoleveD? ro/dna?tcartno 380 that GIS impact and E911 addressing fees have been paid to Olmsted County. , the applicant shall provide documentation mylars Prior to recordation of Final Plat 2. Utilities. and executed by Public Works and Rochester Public edshall be approvs PlanCivil Improvement Construction the , mylars tFinal Plathe recordation of Prior to 1. : Approval with conditions:Development Review Team Recommendation : Rochester City CouncilApproval Body .applicationFinal Plat approval of this or included as a condition of Final Plat applicationand reflected in this met nhave beepplication a(Preliminary Plat) The conditions for approval of the Major Land Subdivision are not part of the preliminary plat review.Site design standards, such as building and parking lot location, height, and setbacks, public utility needs, and conformance with the conditions of the Major Land Subdidevelopment standards, such as lot size, vehicle and pedestrian access /connectivity, During the Final Plat review, Council evaluates the subdivision for conformance with lot Minnesota Law. records through the preparation of a subdivision plat meeting the requirements of Major Land Subdivision Permit is accurately documented and recorded in the public land is intended to ensure that all aspects of the approved Final Plat The : What is Considered : Final PlatApplication Type SUMMARYCOUNCIL SEH Inc / William Anderson Consultant: Robert Flemming Applicant: .Silver Creek Rd. NE Circle Dr.ntersection of East of the i The site is located at the northeast corner Location: .acres 80two common area lots, and two outlots on 17.a subdivision of 72 residential lots, , as Century Village knownbe , to Robert Fleming ConstructionPLAT by 002-4CD202Final Plat # Request: Rochester Community Development Department Prepared By: August 19 City Council CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota 2 381 UDC.th code provisions of the consistent wi isthe proposal Family Small Lot) and -2 (Single-This site is zoned RSubdivision. which is compatible with the proposed Major Land Residential, Density -The underlying Land Use designation for this area is Low Land Use/ Zoning ZONING SUMMARY TABLE –PLAT 002-4CD202 . Major Land Subdivisionand the approved street layoutthe approved GDP both plat is consistent with final ThisFebruary 5, 2024. for this development was approved by the City Council on Major Land Subdivision The . 17 and amended in 2023The site is part of the larger Century Valley GDP approved in 20 vegetation. existing andhillside thewhich will allow significant preservation of ,outlotwithin an are primarily located Hillsidesof Century Valley impractical. to other portions There are significant slopes to the north and east of the project making street connections . developmentsouthwest corner of the at the NE r.intersects with East Circle DCreek Road NE . Silver Rd NE Silver Creek, will be from ”Century Village Place“l street, local residentiao the Access tway will be dedicated. -of-rightand ways are proposed to be public, roadof these Both access to the individual units. and providesdevelopment through the way itswinds , a local residential street within a 56 wide ROWhis street, T. ”Village PlaceCentury “is one other proposed street improvement for the project, which is identified as re The P2S comprehensive plan identifies this as a primary collector street segment. Theon the south side, which is currently an unpaved road. NEimprovements to Silver Creek There will be of two streets. /reconstructionThe project will include the construction development.s of the open spaces area o manage and maintain the largeAssociation will be created tOwner -A new Home rate “for sale” attached townhome units. market will consist ofThe subject project ite. reconstruction of a portion of Silver Creek Road NE to access the sand stormwater treatment pond a ties, construction of a new public street, utilithe will include low density residential) and –lot 2 (small- . The subject site istwo common area lots and two plex buildings)-(4 lotstownhome 2 residential 7acres into 80as Century Village, to subdivide 17. to be known Final PlatThe applicant is proposing a PROJECT SUMMARY Agreements.r Development /oOwner Contract and-addressed in City PropertyDevelopment charges/fees applicable to the development of this required. is easements site public-Contract and dedication of any applicable on and offOwner -xecution of a CityPrior to construction of any public infrastructure, the e 3. LATP0-4CD202 3 382 “Century Village Lane NE” within the Plat Exhibit; asresidential street Prior to submittal of the Final Plat, the applicant shall identify the local 2. .)-R24(Grading Permit # approvedis Stormwater Management Plan (COMPLETED) Prior to submittal of the Final Plat, a Stormwater Management Plan shall be approved; 1. PRELIMINARY PLAT CONDITIONS final plat. of the required number of boulevard trees associated with this Payment has been received by Parks Department for the planting .acres 2.53 subdivision isthis dedication associated with The remaining credit after acre parkland easement. -existing 7.1covered under the this plat is lots of residentialrequired for of parkland acres 1.75ry Valley GDP. The required the Centuacre parkland easement in 2021 on land within -7.1dedicated a previously development Century Valleylots and 2 outlots. The two common area new residential lots 72plat is creating finalThe Boulevard Trees & Parkland Dedication recordation.approval of the Civil Improvement Plans prior to Final Plat included requiring has been A condition of approval .devicereducing -will be required to be equipped with a pressure lessfinished floors of 1,065 feet elevation or PSI. Homes with main the 67 PSI to near 95 pressures within this area will range from Static water Presently, public facilities exist to service the site. Utilities approved Development Agreement.subdivision. As such, development is subject to the terms of the applicable to the subject Development Agreement existing There is an Presently, public facilities exist to service the site. Public Facilities ).013WET-R2020by this project (proposed areas of wetland impactand has determined there is no Edge Study corahhas reviewed the De (LGU) Unit GovernmentalThe Local . any Decorah Edge Support Soils not contactdevelopment does , the consultant determined thisanalysis of the profilesUpon adjacent soils.d “Decorah Edge” soil units and mappeto refine the boundary between eted by the consultant complboundaries was ification of soil map units and detailed field ver A Edge/FloodplainWetlands/Decorah ).0027GF-(R24been issued approved and a grading permit for the subject development has has been Civil Improvement Plan The Stormwater Management ManagementGrading & Stormwater NE.provide access to East Circle Dr. to along it’s frontage to primary collector standards on the south side improved NE will be sac. Silver Creek Rd-de-terminates in a culto the northeast corner of the site where it NE Silver Creek Rd will be served by one access extending from The development Streets and Access LATP0-4CD202 4 383 Resolution 7. Review 6. Condition Status Summary -Applicant Letter 5. Final Plat Exhibit 4. Location Map 3. Notification Map 2. Development Process Timeline Exhibit 1. ATTACHMENTS Summary above. City Councilas outlined in the , APPROVAL WITH CONDITIONSThe Community Development Team recommends .4). HSection 60.500.040application (by the subject met arefinds that all Criteria Unified Development Code and Criteria of thewith the for conformance Final PlatThe Community Development Team has reviewed the STANDARDS FOR APPROVAL –CRITERIA FINAL PLAT systems and will be installed during construction.Water services have been designed to accommodate sprinkler COMPLETED) ( alarm to monitor the fire sprinkler system and Knox key box for fire department system fire plex will require a -one access to more than 50 dwelling units. Each 4 there is onEach dwelling unit shall be equipped with an approved automatic sprinkler system as 6. has been received. ayment for boulevard treesPThe ) OMPLETEDC( . developmentfor this Parkland Dedication credits exist(COMPLETED) .parkland obligationPrior to recordation of the Final Plat, the applicant shall meet their boulevard tree and 5. .final plat anddocuments RPU comments have been addressed on construction (COMPLETED) Rochester Public Utilities; specifications ofPrior to submittal of the Final Plat, the applicant shall revise the plat exhibit to the 4. labeled.(COMPLETED) All outlots have been .Prior to submittal of the Final Plat, all outlots shall be labeled 3. “Century Village Lane NE”.to revised isThe street (COMPLETED) LATP0-4CD202 201 4 384 Final PlatSubdivision/Major Land Judicial-Quasi AgreementDevelopment ReviewCivil Plan PlatFinal VillageCentury InspectionsBuilding Permit/ )Preliminary Plat(SubdivisionLand Major MeetingInformation Neighborhood Development General AdministrativeAdministrativeJudicial-QuasiAdministrativeAdministrativeJudicial-QuasiGenerally www.rochestermn.govStreet SE, Rochester, MN 55904 th Final Plat No. CD2024-020PLAT, to be known as Century 385Ward 5Notif Area: 600'East Circle Dr NE.area lots and two outlots on 17.91 acres, located Village, a subdivision of 72 residential lots, two common 386 OFFICIAL PLAT 387 Notary printed name ____________________________My Commission Expires ___________Olmsted County, Minnesota Notary Public,_______________________________Roger H. Payne, an individual.by, 20___, ,The foregoing instrument was acknowledged before me this ____ day of COUNTY OF OLMSTEDSTATE OF MINNESOTA Roger H. Payne of __________________, 20___.day ____ this signed be to presents these caused has individual, an Payne, H. Roger said whereof witness InMy Commission Expires ___________Olmsted County, Minnesota Notary Public,__________________________ _____Roger H. Payne, President of Payne Company, a Minnesota corporation on behalf of the corporation.by, 20___, ,The foregoing instrument was acknowledged before me this ____ day of COUNTY OF OLMSTEDSTATE OF MINNESOTAPresident Roger H. Payne PAYNE COMPANYby its proper officer this ____ day of __________________, 20___.signed be to presents these caused has corporation, Minnesota a Company, Payne said whereof witness Inpublic for public use the public ways and the drainage and utility easements as created by this plat.the to dedicate hereby does and VILLAGE CENTURY as platted and surveyed be to same the caused Has Said tract contains 17.80 acres, more or less.along said south line 301.57 feet to the point of beginning.East, seconds 11 minutes 38 degrees 89 South thence Quarter; Northeast the of Quarter Northeastsaid of line south the to feet 303.04 line, way of right easterly said along East, seconds 05 minutes50 degrees 73 South thence feet; 179.32 line, way of right easterly said along East, seconds 07 minutes38 degrees 89 South thence feet; 663.09 line, way of right easterly said along East, seconds 22 minutes53 degrees 21 South thence feet; 136.44 line, way of right easterly said along East, seconds 17 minutes56 degrees 18 South thence 47; No. PLAT WAY OF RIGHT HIGHWAY COUNTY OLMSTED to according22, No. C.S.A.H. of line way of right easterly the to feet 254.40 line, said along seconds, 11 minutes38 degrees 89 North thence Recorder; County said the of Office the in record of and file on thereof, platthe to according SUBDIVISION, POINT CENTURY of line south the being also line said Quarter, Northeastthe of Quarter Northwest the of feet 825 South said of line north the to feet 117.63 line, west saidalong East, seconds 51 minute 01 degrees 00 North thence Quarter; Northeast the of Quarter Northeastsaid of line west the to feet 400.00 line southerly said along West, seconds 09 minutes 58 degrees89 North thence A-1461243; Number Document as 2018 06, November recorded 2018, 28, Octoberdated Deed, Warranty a within incorporated Survey of Certificate on depicted bounds, and metes bydescribed parcel certain that of line southerly the to feet 160.88 line, easterly said along West, seconds51 minutes 01 degrees 00 South thence 31; Section said of Quarter Northeast the of Quarter Northeastthe of feet 400.00 west the of line east the with intersection its to feet 83.98 of distance a 1, Blocksaid of line westerly the along West, seconds 39 minutes 26 degrees 18 North thence SUBDIVISION;NINTH HILLS CENTURY said in 1 Block of corner southwest the to feet 529.96 Recorder, County saidthe of Office the in record of and file on thereof, plats respective the to according SUBDIVISION, NINTHHILLS CENTURY and SUBDIVISION TENTH HILLS CENTURY of lines southerly the along West, seconds34 minutes 46 degrees 87 North thence feet; 228.94 line, southwesterly said along West, seconds39 minutes 07 degrees 55 North thence Recorder; County said the of Office the in record of andfile on thereof, plat the to according SUBDIVISION, TENTH HILLS CENTURY 2, Block of line southwesterlythe to feet 550.87 line, westerly said along East, seconds 13 minutes 07 degrees 34 North thencefeet; 187.81 B, Outlot said of line westerly the along East, seconds 26 minutes 56 degrees 07 Norththence beginning; of point and Minnesota, County, Olmsted Recorder, County the of Office the in recordof and file on thereof, plat the to according VALLEY, CENTURY B, Outlot of corner southwest the to feet506.78 Quarter Northeast the of Quarter Northeast said of line south the along West second 11 minutes38 degrees 89 North thence Quarter; Northeast the of Quarter Northeast said of corner southeast theto feet 1305.94 Quarter Northeast said of line east the along West, seconds 19 minute 01 degrees 00South of bearing assumed an on thence Quarter; Northeast said of corner northeast the at Commencingthe Northeast Quarter of the Northeast Quarter of said Section 31, described as follows:of part that and 22, No. Highway Aid State County of east lying Minnesota, County, Olmsted West, 13 RangeNorth, 107 Township 31, Section of Quarter Northeast the of Quarter Northwest the of feet 825 South The Minnesota corporation, owner of the following described property:a Company, Payne and individual, an Payne, H. Roger That PRESENTS: THESE BY PERSONS ALL KNOWINSTRUMENT OF DEDICATIONNotary printed name ____________________________ ___ DeputyBy __________________________Records and LicensingOlmsted County Director of Property_____________________________County Records.Olmsted in recorded duly was and __.m. o'clock ____ at 20____, _____________________, of day ____ thison record the for Licensing and Records Property of Office the in filed was instrument this that certify hereby IDocument Number ____________and transfer entered this ____ day of _________________, 20___.taxes delinquent no are there paid, been have described herein land the on 20___ year the in payable TaxesPROPERTY RECORDS AND LICENSINGMy Commission Expires ____________Notary Public, Olmsted County, MN_____________________________This instrument was acknowledged before me this ____ day of ______________, 20___, by Mark J. Haselius.COUNTY OF OLMSTEDSTATE OF MINNESOTAMinnesota License No. 47034Mark J. Haselius, Licensed Land Surveyor_____________________________Dated this ____ day of ______________________, 20____.shown and labeled on this plat; and all public ways are shown and labeled on this plat.are certificate this of date the of as 3, Subd. 505.01, Section Statutes, Minnesota in defined as lands, wet andboundaries water all that year; one within set correctly be will or been, have plat this on depicted monumentsall that plat; this on designated correctly are labels and data mathematical all that survey; boundarythe of representation correct a is plat this that Minnesota; of State the in Surveyor Land Licensed duly a amI that supervision; direct my under or me by prepared was plat this that certify hereby do Haselius, J. Mark I,SURVEYOR'S CERTIFICATEOlmsted County Surveyor________________________ _____and approved this ____ day of ______________________, 20____.reviewed been has plat this 11, Subd. 505.021, Section Statutes, Minnesota with accordance in that certify ICity of RochesterCity ClerkKelly Geistler_____________________________Minnesota Statutes, Section 505.03, Subd. 2.in forth set as requirements all with compliance certifies hereby and 20___, ___________________,of day ____ the on Minnesota, Rochester, of Council City the by approved was plat ThisCITY OF ROCHESTERCOUNTY OF OLMSTEDSTATE OF MINNESOTACITY APPROVAL SHEET 1 OF 2 S 65°11'31" E 76.00 388 8.95 DENOTES CONTROLLED ACCESS 10 U.E.10 U.E.10 U.E.SEC. 31 T.107 N. R.13 W.No Scale SECTION DETAIL 1316.27N 89°38'11" W 1307.40S 00°01'51" W 1316.27N 89°38'11" W 1307.40S 00°01'51" W CENTURY HILLS NINTHLOT 13, BLK 1,S'RLY CORNER1/2-INCH REBAR ATW. 400SEC. 31, T. 107 N., R. 13 W.SE COR. NE 1/4,C.I.M. AT SEC. 31E. LINE OF NE 1/4, NE 1/4,S 00°01'19" W 1305.94SEC. 31, T. 107 N., R. 13 W.NE COR. NE 1/4,1-INCH SQ. PIPE ATU.E.S 37°16'44" E4040SILVER CREEK ROAD9.78C.S.A.H. No. 22E'RLY R.O.W. LINE OFC.S.A.H. No. 22E'RLY R.O.W. LINE OFWARRANTY DEED DOC. No. A-1461243S. LINE OF CERTIFICATE OF SURVEY &OF NW 1/4 OF NE 1/4N. LINE OF S 825 FEETPOINT SUBDIVISIONS. LINE OF CENTURYS. 825 NO SCALE DETAIL A S 40°08'53" W 82.00N 62°44'21" E 82.000.73N 62°44'21"EN 49°51'07" W 76.00N 62°44'21" E 82.00 DETAIL A 62.60101020 U.E.282828282831 1010W.M.U.E.201020 D.E.10101020 U.E.101020 D.E.101020 D.E.1010W.M.U.E.2035.2724.1410 U.E.10 U.E.10 U.E.10 U.E.10 U.E.L = 242.81 R = 290.00 Δ = 47°58'23"8.34101.37Δ = 02°24'45"L = 29.90Δ = 01°04'25"L = 14.3649.1557.21S 45°01'25" WS 76°48'24" E18.29S 19°09'30" WN 79°28'32" WS 08°31'45" W56.30S 14°58'13" E20.91S 24°34'37" E9.3531.9954.8612.94N 75°40'32" EN 21°11'21" W39.12S 24°48'29" W4.6119.85EXIST.EXIST. U.E.20 FT.(CONCAVE SOUTHERLY)CH. BRG. = S 89°06'45" ECH. = 22.11Δ = 01°42'59" No Scale LOCATION MAP 23.20N 55°45'59" E18.19N 76°14'14" W14.53N 67°31'48" W40.79N 49°30'04" W49.08N 14°54'55" WN 13°57'26" E38.92 S.W. 1/4 28 W.M.U.E. DENOTES WATER MAIN UTILITY EASEMENT CENTURY VILLAGESHEET 2 OF 2OFFICIAL PLAT SCALE IN FEET 15010050250D.E. DENOTES DRAINAGE EASEMENTU.E. DENOTES UTILITY EASEMENTAND MARKED BY LICENSE NO. 47034DENOTES 1/2 INCH BY 18 INCH REBAR SETSET AND MARKED BY LICENSE NO. 47034DENOTES 3/4 INCH BY 18 INCH IRON PIPEDENOTES FOUND 3/4 INCH IRON PIPENAD 83 (1996 ADJ.) .ON THE OLMSTED COUNTY COORDINATE SYSTEM;ORIENTATION OF THIS BEARING SYSTEM IS BASEDT. 107 N.R. 13 W.N.E. 1/4S.E. 1/4N.W. 1/4 140.0075.1030.32S 49°29'45" E 165.01S 21°53'36" E 76.00S 08°02'50" E 76.00S 54°32'21" E56.27N 79°09'24" W58.00N 00°21'55" E 109.71N 62°35'43" W 430.57N 75°29'19" W 166.87N 15°20'57" W 58.59 N 00°01'51" E 102.17 160.38 87.61 210.85S 62°19'45" W83.31 1=L"31'54°050=Δ48°00.061=L"04'63°130=ΔS 33°47'20" E95.17=L"94'20°230=ΔS 81°57'10" WS 66°14'40" E120.39N 81°42'16" WN 40°08'53" ES 09°47'18" W15.54=L"02'22°020=Δ19.83=L"93'42°50=ΔL=28.265°35'03"Δ = 0S 16°26'29" W 82.00S 75°44'43" WN 57°58'48" EN 88°44'28" W86.0999.69S 30°44'43" W92.99N 00°31'16" WN 68°01'16" W 255.69111.59N 46°02'50" W56.041=L"12'55°1110=Δ18.5240.052=L"12'55°1110=Δ18.5248.3337.021=L"71'40°690=Δ89.491=L"55'60°720=Δ70.741=L"75'94°560=Δ106.2518.52S 89°58'14" E37.561=.HCE"50'40°43N=.GRB.H C00.001=R43.591=L"12'55°1110=Δ 86.801=.HCW"43'84°45N=.GRB.HC00.001=R09.411=L"75'94°560=Δ92.602=.HCW"50'01°47N=.GRB.HC00.044=R32.802=L"55'60°720=Δ17.841=.HCW"92'43°21N=.GRB.HC00.001=R86.761=L"71'40°6 90=Δ48.63N 35°27'39" E106.2537.28=L"75'94°560=Δ84.122=L"55'60°720=Δ36.4 1 2=L"71'40°690=Δ48.9429.3529.24S 13°31'18" E41.89633.46S 29°11'42" E 95.13S 15°17'31" E 94.5193.08S 08°17'44" W 96.1228.0028.00S 53°54'59" E 117.74149.2730.0542.91209.0239.86529.1421.73213.58111.3282.0082.00N 16°26'29" E 82.0021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.502 1.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.50 21.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5016.5016.5021.5021.5016.5016.5058.00N 03°03'43" W58.00N 03°03'43" W58.00N 03°03'43" WS 86°56'17" W 76.00N 03°03'43" W 58.00N 86°56'17" E 76.0058.00S 03°03'43" E82.00N 33°47'20" W82.00N 33°47'20" W82.00N 33°47'20" W82.00N 33°47'20" WN 56°12'40" E 76.0082.00S 56°12'40" W 76.0082.00N 66°14'40" W82.00N 66°14'40" W82.00N 66°14'40" W82.00N 66°14'40" WN 23°45'20" E 76.0082.00S 23°45'20" W 76.0082.00S 81°57'10" W82.00S 81°57'10" W82.00S 81°57'10" W82.00N 08°02'50" W 76.00N 81°57'10" E 82.0082.00S 68°06'24" W82.00S 68°06'24" W82.00S 68°06'24" WS 68°06'24" W 82.00N 21°53'36" W 76.00N 68°06'24" E 82.0082.00S 62°44'21" W82.00S 62°44'21" W82.00S 62°44'21" WS 62°44'21" W 82.00N 27°15'39" W 76.00N 62°44'21" ES 27°15'39" E 76.0082.00S 40°08'53" W82.00S 40°08'53" W82.00S 40°08'53" WS 40°08'53" WN 49°51'07" W 76.0082.00S 49°51'07" E 76.0082.00S 09°47'18" W82.00S 09°47'18" W82.00S 09°47'18" W82.00N 80°12'42" W 76.00N 09°47'18" E 82.00S 80°12'42" E 76.0082.00S 16°26'29" W82.00S 16°26'29" W82.00S 16°26'29" WN 73°33'31" W 76.00S 73°33'31" E 76.0082.00S 24°48'29" W82.00S 24°48'29" W82.00S 24°48'29" WS 24°48'29" W 82.00N 65°11'31" W 76.0082.00N 24°48'29" E21.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5015.8821.5016.5016.5021 .5082.00S 05°42'37" E82.00S 05°42'37" E82.00S 05°42'37" ES 05°42'37" E 82.00S 84°17'23" W 76.00N 05°42'37" W 82.00N 84°17'23" E 76.0058.00N 68°06'24" E58.00N 68°06'24" E58.00N 68°06'24" ES 21°53'36" E 76.0058.00S 68°06'24" WN 21°53'36" W 76.0058.00N 68°06'24" E58.00S 54°32'21" E58.00S 54°32'21" E58.00S 54°32'21" E50.00S 35°27'39" W 76.0058.00N 54°32'21" WN 35°27'39" E 70.3858.00S 88°44'28" E58.00S 88°44'28" E58.00S 88°44'28" EN 01°15'32" E 76.0058.00S 88°44'28" ES 01°15'32" W 76.0058.0058.00N 57°58'48" E58.00N 57°58'48" E58.00N 57°58'48" EN 32°01'12" W 76.0058.00S 32°01'12" E 76.0058.00S 57°58'48" W21.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5021.5016.5016.5021.5058.00N 61°20'59" W 76.00N 71°04'16" W 76.00S 28°39'01" WN 18°55'44" ES 18°55'44" WN 09°08'17" E21.5016.5016.5021.5021.5016.5016.5021.5058.00N 09°08'17" E58.00N 09°08'17" E58.00N 09°08'17" E58.00N 18°55'44" E58.00N 18°55'44" E58.00N 18°55'44" E58.00N 28°39'01" E58.00N 28°39'01" E58.00N 28°39'01" E58.00N 28°39'01" ES 61°20'59" E 76.0058.00S 71°04'16" E 76.0058.00N 80°51'43" W 76.0058.00S 80°51'43" E 76.00S 09°08'17" W N 07°56'26" E 187.81N 34°07'13" E 550.87N 55°07'39" W 228.9483.98N 18°26'39" WS 00°01'51" W 136.44N 00°01'51" E 117.63 21.5021.50 389 during building construction.sprinkler systems and will be installed The water services have been designed to accommodate ent system access. fire sprinkler system and Knox key box for fire departm will require a fire alarm to monitor the one access to more than 50 dwelling units. Each 4-plextomatic sprinkler system as there is only 6. Each dwelling unit shall be equipped with an approved au 12/14/2023 for CD2023-021PLAT needed per Park and Rec Letter dated Parkland Dedication: Land credits exist -Nothing furtherment prior to Plat recording. Blvd Tree requirements: Applicant will meet condition of pay obligation, and, hall meet their boulevard tree and parkland 5. Prior to recordation of the Final Plat, the applicant s documents as well as on the final plat. RPU comments have been addressed on the construction Rochester Public Utilities; revise the plat exhibit to the specifications of 4. Prior to submittal of the Final Plat, the applicant shall All outlots have been labeled. labeled; 3. Prior to submittal of the Final Plat, all outlots shall be The street was revised to “Century Village Lane NE”. “Century Village Lane NE” within the Plat Exhibit; identify the local residential street as 2. Prior to submittal of the Final Plat, the applicant shall 7/25/2024. e R24-0027GF Comment Letter dated The Stormwater Management Plan has been approved. Se agement Plan shall be approved; 1. Prior to submittal of the Final Plat, a Stormwater ManApproval with conditions: Development Review Team Recommendations: the conditions and SEH’s responses to them. y Village Townhomes. Below is a summary of the Major Land Subdivision #CD2023-021PLAT for Centureview letter dated 1/10/2024 to SEH regarding Rochester Planning and Zoning Commission provided a r Dear Mr. McGeough: Rochester, MN, 55901 4001 West River Parkway NW, STE 100 City of Rochester Community Development SEH No. BELLT 153353 8-planning Century Village Townhomes Final Plat July 26, 2024 RE: P&Z Commission Response Letter qual Opportunity Employer SEH is 100% employee-owned | Affirmative Action–E sehinc.com 507.288.6464 | 888.908.8166 fax | 5901-6573 3428 Lakeridge Place NW, Suite 100, Rochester, MN 5 Short Elliott Hendrickson Inc., s Engineers | Architects | Planners | Scientist Century Village Townhomes 390 age final plat.docx 0240726 p&z commission response letter century villx:\\ae\\b\\bellt\\153353\\8-planning\\final plat 4 plex\\2 DDH (Lic. MN,NC) Engineer III Dan Horsch, PE SHORT ELLIOTT HENDRICKSON INC. Sincerely, dhorsch@sehinc.com. contact me directly at 651-242-6983 or questions, comments, or concerns, do not hesitate to ng this review process. If you have any additional Thank you for your cooperation and understanding duriPage 2 July 26, 2024 391 review/informational letter for more information.RPU Water approval on 7/26/2024 pending public works final review. See RPU Water Dept. RPU Water Dept has no objections or comments on the final plat. The final construction plans were ready for RPU Water Review 7/29/2024There are no comments from this agency at this time.RPU Electric Review 8/8/2024See attached comment in Accela software.Public Works Review 8/5/2024See attached comment in Accela software.Park and Rec Review 8/1/2024013WETR2020Wetland and Decorah delineations have been completed and no impacts have been proposed or made. LGU 8/5/2024 Fire Review 7/30/2024There are no comments from this agency at this time.County Long Range Planning 8/5/2024fees required.See attached GIS referral document CenturyVillageFP_Referral.pdf County GIS/E911 7/29/2024 020PLATCD2024Application No:Agency Review Comments of Page 8/8/2024 9:31:04 AM 392 393 to be known as Century Village, a subdivision of 72 residential lots, two common 394.areain the ISO rating 2istime, andour 4 minute responseofsideindevelopment is Thismaterial IE trusses, lumber will be stored within 6 feet of the hydrant. emergency vehicle access. Fire hydrants will remain accessible at all times no construction w parking on one side of the street to allois being conductedconstruction. While526 feet wide will require no parking signs on both sides of the road.. Roads less than 32 feet wide will require no parking signs on one side. Roads less than 4sac.-de-ulturnaround IE: a hammer head, T, or cAny road longer than 150 feet will require a Rochester Ordinance including turning radius.All roads must meet the requirements of the Minnesota State Fire Code and the City of 3.ce before any building construction. 2. All roads will be required to be in placonstruction type of the buildings being proposed. lot will be determined by the size and for thea) The actual required fire flow building construction. be in place prior to Hydrants shall the Water Division. properly located and installed in accordance with the specifications of 1. An adequate water supply shall be provided for fire protection including hydrants requirements: Creek Rd NE and East Circle Dr NE.area lots and two outlots on 17.91 acres, located northeast of the intersection of Silver Jeff Feece 395 is coordinate Community Development Planning staff.is coordinated by the Parks Department staff (Jeff Feece), the Boulevard Tree Green Facilities Agreement The Payment Method plant the required trees within a certain period of time as outlined in the agreement. in which case the owner/developer will enter into an agreement with the city to Facilities Agreement MethodBoulevard Tree Green . Option B; ($391.25 per tree for 2022)Forestry Staff will plant the required trees in which case the City of Rochester Payment Method Option A; meet their boulevard tree obligation(s). Prior to approval of the plat, the Owner shall determine which of the two available options will be used to 2515.-328-boulevard tree planting information sheet is available through the Forestry Division at 507at a time closer to when tree planting is intended to occur. A planting permit as required by ordinancewill be specifically reviewed for species, locational criteria, and site condition upon submittal of a separate Boulevard Trees, if required and identified by the community development department per the LDM 64.160, TREE REQUIREMENTS acres 2.53 ): 2.53 = 4.57 –edit after this plat (7.1 Remaining cr acres7.1 Land dedicated through 2021 easement: this plat) (including 4.57 Total land required for dedication to date: acres 1.75 Century Village: acres .68 dedication required: Century Valley Fourth .51 acres :Valley Third dedicationCentury acres .32 :alley Second dedicationCentury V acres 1.312 Deferred land from Century Hills and Century Valley First: coordinated with the Parks Department. A summary of dedication for the CV GDP is below:The developer has dedicated a 7.1 acre (2021) park easement on land within the Century Valley GDP as IREMENTSUPARK DEDICATION REQ Fair market value of land…………………………………… … acres 75.1 Dedication ……………………………………………………… .0244 Density factor…………………………………………………… 72 units……………………………………...Number of dwelling 17.80 plat…………………………………………………. 20Plat0-4CD202 VillageCentury RE: Community Development TO: August 1, 2024 DATE: REFERRAL COMMENTS FORM DEPARTMENTROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2540-328-507 Phone:3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 Current 396 7101-328-507 GIS Analyst / Addressing Dave McCollister To address issues listed above, please contact our office.paid. See attached fee forms.nFinal plat GIS impact and E911 addressing fees have not bee1)ROADWAY, or ADDRESS related issues are present shows the following:to determine any existing or potential GIS, FINAL PLATCENTURY VILLAGE A review of the CENTURY VILLAGE FINAL PLAT GIS REFERRALRE:ADAM NOWINSKICC:DAVE MCCOLLISTERFROM:SEH, ROGER PAYNE, ROBERT FLEMINGTO:JULY 29, 2024DATE:FINAL PLAT REFERRALCENTURY VILLAGE 7958-(507) 328Fax:7100-(507) 328Phone:4744-Rochester, MN 559042122 Campus Drive SE, Suite 100GIS/Addressing DivisionOlmsted County Public Works AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYERPlanning, Policy & Analysis:Land Use & Transportation Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic:Environmental Safety Permitting & Zoning Planning: RESOLUTION397Office of the County Recorder, Olmsted County, Minnesota, and point of beginning; thence of Outlot B, CENTURY VALLEY, according to the plat thereof, on file and of record in the line of said Northeast Quarter of the Northeast Quarter 506.78 feet to the southwest corner Northeast Quarter; thence North 89 degrees 38 minutes 11 second West along the south Northeast Quarter 1305.94 feet to the southeast corner of said Northeast Quarter of the bearing of South 00 degrees 01 minute 19 seconds West, along the east line of said Commencing at the northeast corner of said Northeast Quarter; thence on an assumed of said Section 31,described as follows:State Aid Highway No. 22, and that part of the Northeast Quarter of the Northeast Quarter Township 107 North, Range 13 West, Olmsted County, Minnesota, lying east of County The South 825 feet of the Northwest Quarter of the Northeast Quarter of Section 31, Olmsted County, Minnesota isto be known and designated as follows:at apublic hearing duly noticed and held on August 19, 2024, the following plat of lands in NOW,THEREFORE IT BE RESOLVEDby the Common Council of the City of Rochester,fact,and approved the Final Platsubject to threeconditions. hearing to consider a Final Plat application for the development, adopted the findings of WHEREAS, on August 19, 2024, the City of Rochester Common Council held a public of fact,and approved the Major Land Subdivisionsubject to six conditions.hearing to consider the Major Land Subdivision for the development, adopted the findings WHEREAS, on February 5, 2024, the City of Rochester Common Council held a public conditions.a Major Land Subdivision for the developmentand recommended approval subject tosix WHEREAS, on January 10, 2024, the City of Rochester Planning Commission reviewed R.C.O §60.500.040 (subd. H) Final Plat.Development memo dated August 19, 2024, and finds the proposal meets the criteria in WHEREAS,the Council adopts the findings as described attached to the Community outlots17.91acres of land located at the northeastcorner ofEast Circle Dr. NE and Silver WHEREAS,the Final Platproposes 72 residential Lots, two common area lots, and two for a subdivision tobe known asCentury Village.WHEREAS,Robert Fleminghas requested from the City of Rochester Final Platapproval Silver Creek Rd. NE.Outlots on 17.91 acres,LocatedAt The Northeast Corner of East Circle Dr. NE and SubdivisionConsisting of 72 Residential Lots, Two Common Area Lots, and Two Approving FinalPlatNo.CD2024-020PLAT, To Be Known AsCentury Village, A North 07 degrees 56 minutes 26 seconds East, along the westerly line of said Outlot B, 398that GIS impact and E911 addressing fees have been paid to Olmsted County. 2.Prior to recordation of Final Plat mylars, the applicant shall provide documentationUtilities. Plans shall be approved and executed by Public Works and Rochester Public1.Prior to the recordation of Final Plat mylars, the Civil Improvement Constructionare hereby accepted, subject to the follow conditions:and all dedications of land or interests in land for public purposes as shown on said plat TO BE KNOWN as “Century Village”, byRobert Fleming, Applicant, is herby approved, Said tract containing17.80 acres, more or less..the point of beginningof way line, 303.04 feet to the south line of said Northeast Quarter of the Northeast Quarter; 179.32 feet; thence South 73 degrees 50 minutes 05 seconds East, along said easterly right thence South 89 degrees 38 minutes 07 seconds East, along said easterly right of way line, 21 degrees 53 minutes 22 seconds East, along said easterly right of way line, 663.09 feet; 56 minutes 17 seconds East, along said easterly right of way line, 136.44 feet; thence South OLMSTED COUNTY HIGHWAY RIGHT OF WAY PLAT No. 47; thence South 18 degrees said line, 254.40 feet to the easterly right of way line of C.S.A.H. No. 22, according to CENTURY POINT SUBDIVISION, according to the plat thereof, on file and of record in the the Northwest Quarter of the Northeast Quarter, said line also being the south line of seconds East, along said west line, 117.63 feet to the north line of said South 825 feet of degrees 58 minutes 09 seconds West, along said southerly line 400.00 feet to the west line 2018, recorded November 06, 2018 as Document Number A-1461243; thence North 89 line, 160.88 feet to the southerly line of that certain parcel described by metes and bounds, the east line of the west 400.00 feet of the Northeast Quarter of the Northeast Quarter of West, along the westerly line of said Block 1, a distanceof 83.98 feet to its intersection with CENTURY HILLS NINTH SUBDIVISION; thence North 18 degrees 26 minutes 39 seconds of the said County Recorder, 529.96 feet to the southwest corner of Block 1 in said SUBDIVISION, according to the respective plats thereof, on file and of record in the Office lines of CENTURY HILLS TENTH SUBDIVISION and CENTURY HILLS NINTH 228.94 feet; thence North 87 degrees 46 minutes 34 seconds West, along the southerly thence North 55 degrees 07 minutes 39 seconds West, along said southwesterly line, according to the plat thereof, on file and of record in the Office of the said County Recorder; 550.87 feet to the southwesterly line of Block 2, CENTURY HILLS TENTH SUBDIVISION, 187.81 feet; thence North 34 degrees 07 minutes 13 seconds East, along said westerly line, 3.Prior to construction of any public infrastructure, the execution of a City-Owner399Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFAgreements.Property will be addressed in City-Owner Contract and/or Development required. Development charges/fees applicable to the development of thisContract and dedication of any applicable on and off-site public easements is M 400 dna?,segnahc?metsys?dednemmocer?fo?snoitacilpmi?tnemeganam?dna?laicnanif?eht?enimreteD;metsys?gnikrapeht?gnisu?fo?esae?dna?,ecivres?remotsuc?,gnitekram?,noitacinummoc?,gnidnifyaw?rof?stnemevorp midnemmocer?;tuohguorht?sredlohekats?dna?,srotisiv?,sessenisub?,stnediser?nwotnwod?htiw?egagnE;secitcarp?tsebyrtsudni?no?desab?stnemevorpmi?tseggus?dna?tnemeganam?dna?noitarepo?metsys?gnikrap?weiveR? :selbareviled?yek?gniwollof?eht?dnuora?devlover?krow?s'tnatlusnoC?reklaW?.)ecneirepxe?resudna?,gnikrap?timrep?laitnediser?,snoitatic/tnemecrofne?,gnikrap?deretem?teerts-no?,stol?gnikrap?,spmargnikrap ?,noitartsinimda(?metsysoce?gnikrap?eritne?eht?fo?noitaulave?dna?sisylana?lanoitidda?htiw?gnolayduts?etar?a?mrofrep?ot?stnatlusnoC?reklaW?degagne?maet?gnikraP?dna?tisnarT?eht?,3202?fo?llaf?eht?nI.seg nahc?rosesaercni?etar?yna?tnemelpmi?ot?ton?dediced?licnuoC?eht?,snortap?gnikrap?yna?no?nedrub?laicnanif?rehtruflaitnetop?eht?dna?cimednap?eht?ot?eud?tub?,0202?ni?demrofrep?saw?yduts?etar?7102?eht?ot? 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eht?rof?tcartnoc?eht?tnatlusnoC?reklaW?dedrawA?-?gniteeM?licnuoC?:3202?,01?yluJ?.noissucsid?dna?kcabdeefrof?licnuoC?ytiC?ot?troper?ydutS?etaR?0202?lanif?eht?detneserp?gnikraP?-?noisseS?ydutS?:0202?,3 1?yluJ?.noissucsid?dna?kcabdeefrof?licnuoC?ytiC?ot?troper?ydutS?etaR?7102?lanif?eht?detneserp?gnikraP?-?noisseS?ydutS?:8102?,4?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.troppusgnidnuf?yve l?xat?eriuqer?ton?seod?dna?gniniatsus-fles?sniamer?dnuF?esirpretnE?gnikraP?eht?erusne?plehot?dna?sti?sdeen?taht?enoyreve?ot?elbaliava?gnikrap?ekam?ot?tes?yletairporppa?era?setar?gnikrap?erusne?oT:tca pmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.elbaveihca?dna?,elbisaef?,elbanosaer?era?dna?dnuf?esirpretne?gnikrap?eht?ot ?eulav?gnirb?dluow?smetinoitca?dednemmocer?ehT?.troper?yduts?eht?ni?noitamrofni?eht?stroppus?maet?gnikraP?dna?tisnarT?ehTgnitroper?launnAygetarts?tnemegagne?redlohekatSsnoitacinummoc?dna?etisbeWegang is?dna?gnidnifyaWdnarb?fo?tnemyolped?tnetsisnoCtnemetatS?noissiM?a?poleveD.senoz?gnidaol?bruc?ot?hcaorppA.sretem?gnikrap?teerts-no?rof?segnahc?etaR.spmar?gnikrap?rof?segnahc?etaR.stol?gnikrap?ecafrus ?rof?segnahc?etaR?.stpecnoceht?no?gnidneped?sesnepxe?emit?eno?ro?stsoc?laminim?evah?lliw?sehcaorppa?esehT?.nalpkrow?s'maeteht?otni?detaroprocni?eb?lliw?dna?evitartsinimda?era?smeti?noitca?rehtO?.4202 ?rebmeceD?ro?rebmevoNni?lavorppa?rof?licnuoC?eht?erofeb?emoc?lliw?taht?eludehcS?eeF?5202?eht?ni?dedulcni?eb?lliw?setadpuetaR?.gniteem?licnuoC?siht?ta?detneserp?dna?no?pu?dewollof?gnieb?era?snoitadnem mocer?mreT-raeN?ehT?.)sraey?+evif(?mreT-gnoL?dna?,)sraey?ruof?ot?eerht(?mreT-muideM?,)sraeyowt?txen?eht?nihtiw(?mreT-raeN?otni?nekorb?era?snoitadnemmocer?dna?,etelpmoc?si?troper?lanif?ehT?.spmar?nwot nwod?redlo?fo?stnemecalperro/dna?,snoitilomed?,sriaper?latipac?laitnetop?fo?FEP?eht?no?tcapmi?laicnanif?eht?enimrete P 402 ydutS?etaR?dna?noitaulavE?metsyS?gnikraP?-?noitatneserPydutS?etaR?dna?noitaulavE?metsyS?gnikraP?retsehcoR?-?tropeR?laniF?ydutS:stnemhcattA dlihcS?naoloN:yB?deraper Project Name 403 2024 lyJu City of Rochester, Minnesota StudyEvaluation and Rate Parking System Date City of Rochester, Minnesota 404 Analyst Max Holperin Director of Planning Parking and Mobility Consultant , LEED Green AssociateEric Haggett Kevin White, AICP, CAPP WALKER CONSULTANTS Sincerely, not hesitate to call.If you have any questions or comments, please do serve you on this project. We appreciate the opportunity to review.for your Parking System Evaluation and Rate Study City of Rochester this Walker Consultants is pleased to submit Ia and Noloan:Dear 005234.00-21 Walker Consultants Project # Rochester, Minnesota Parking System Evaluation and Rate Study Re: Rochester, MN 55906 4300 East River Road NE City of Rochester, Minnesota Noloan Schild, Parking Systems Manager Ia Xiong, PE, Transit and Parking Director 2024, 52ly Ju 2 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 405 22 Street Utilization-On 21 Street Utilization-Off 20 Parking Occupancy and Utilization 20 Street Parking Review-On 16 Surface Lot Parking Rates 15 Electric Vehicle Charging 14 Parking Ramp Rates 9 -Long 9 4 Years) –Term (3 -Medium 8 Term (Within 2 Years)-Near 8 Stakeholder Engagement and Communications 8 Operational Enhancements and Policy Adjustments 8 Financial Stability and Strategic Investments 8 Celebrating Success and Building Upon Foundations Contents 3 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 406 63 Policies, Operations, Management, and System Finances 55 Policies, Operations, Management, and System Finances 55 Personnel and Organization 36 Parking Preferences 36 Existing Parking Activities 35 Who Did We Hear from? 4 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 407 86 Recommendations and Implementation Action Plan: 6Figure 3 63 Colorado Springs) -Figure 35: Example of an Annual Parking Report (University of Colorado 61 Figure 34: Example of Consistent Branding Across Entire Parking System (ParkOmaha) 60 Figure 33: Recommended Surface Parking Lot Public Transient Rate Schedule 59 Figure 32: Recommended Parking Ramp Public Daily and Hourly Transient Parking Rate Schedule 58 Street Time Limits-Figure 31: Proposed On 57 Street Metered Parking Rate Schedule and Time Limits-Figure 30: Recommended On 56 Figure 29: Examples of Parking Ramp Aesthetic Improvements 55 Figure 28: Projected Rochester Parking Enterprise Fund Balance 46 2030 -Improvement Projects 2024 46 2023-Figure 26: Annual Net Operating Income after Debt Service, 2015 45 Figure 25: Parking Enterprise Fund 2023 Operating Revenues and Expenses 44 Figure 24: Sources of Revenue to the Parking Enterprise Fund 40 Street Ramp Parking Peer Review Summary-Figure 23: Off 39 Street Parking Peer Review Summary-Figure 22: On 36 Figure 21: Parking Management Triangle 32 31 Figure 19: Projected Downtown Development and Commute Mode 30 Figure 18: Downtown Rochester Wayfinding Map for Skyway Users 30 Figure 17: Parking Restriction Signage 29 Figure 16: Ramp Entrance Signage 28 Figure 15: Locations of Top Five Parking Citations Issued (excluding Expired Registration), 6.6.23 to 8.14.23 27 Figure 14: Rochester Parking Citations and Fines 26 Figure 13: Residential Permit Parking Zone Map 24 Figure 12: Parking Occupancy in Downtown Rochester, June 2023 23 Figure 11: Historic Street Occupancy at 11:00 a.m., 2018 to 2023 22 Figure 10: Average Ramp Monthly Leases Sold, Q2 2023 21 Figure 9: Parking Ramp Transient Users 20 Street ParkMobile Parking Duration by Time Limit-Figure 8: Average On 19 Figure 7: Existing Curb Uses in Downtown Rochester 17 Figure 6: Parking Meter and Time Limit Inventory 17 Figure 5: Surface Parking Lot Hourly Rates 16 Figure 4: Parking Lot Map 15 Figure 3: Parking Ramp Monthly Lease Rates (April 2024) 14 Figure 2: Parking Ramp Hourly Parking Rates (April 2024) 13 Figure 1: Parking Ramp Map List of Figures 5 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 408 01 Executive Summary 6 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 409 below.summarized identified through this process are Key strengths, needs, and opportunities for the City’s parking system Summary Key Takeaways . reserve threshold s essential to avoid falling below ai$12.1 million for upcoming capital projects, careful financial management an identified need of . Still, withmillion$17.2 approximately isor sustained growth in parking demand. The current PEF balance and/rate increases futuresustainability hinges on term -longfor Ramp 6, maintaining financial until 2040 including $1.45 million annually street metered spaces, and surface lots. With ongoing debt obligations, -street ramps, on-primarily from offthe system generated approximately $7.3 million in revenue, 2023operational costs and capital expenditures. operates its public parking system as an enterprise fund, with revenues generated from parking fees covering The City of Rochester ). The financial health of the Parking Enterprise Fund (“PEF”) was also examined ( . parking system users entirely fund the operation of Rochester’s parking system tax levy, while than peers outside of the Twin Cities, but this is because several peers subsidize their parking systems from their ). Rochester has higher hourly and monthly parking rates its peer cities (to comparedand financial health A review of eight other communities helped the project team understand how Rochester’s parking rates, policies, improvements were also identified as opportunities to revamp the downtown parking experience. tic understand policies. Safety and aesthe-to-to Rochester who rely on navigational guidance and easy eventgoersand where to find parking, it is valuable to consider facilitating the access experience for visitors and rking understand how the system functions Respondents also noted that while most regular users of the City’s pa the City to continue to offer free night and weekend parking and improve communication and signage. noting that there is less availability during busy downtown events. Stakeholders urged available and convenient, 800 responses. During the listening sessions, most attendees agreed that parking in the City ramps is usually with downtown business and community institution leaders and conducting a public survey that garnered nearly ) by hosting four listening sessions During the project, Walker and the City engaged with stakeholders ( lots and increased parking demand from upcoming development. evaluated anticipated changes to the parking system and downtown, including the redevelopment of two surface ommunication. Walker also residential parking permits, parking enforcement, and system wayfinding and cstreet parking assets and inventory, utilization and availability, parking rates and policies, -and off -including on focused on the existing state of Rochester’s parking system, )Walker’s review of current conditions ( growth and investment.COVID downtown living and working and significant planned downtown -system, given the new realities of postto serve as a guiding document to support the City and downtown stakeholders in managing a dynamic parking is intended following work plannext five years. The over the(“the Department”) Rochester the developing a set of recommendations to serve as a work plan for and management, as well asowned parking assets, policies, operations, -city Rochester (“the City”). Walker’s work included an assessment of Walker Consultants (“Walker”) was engaged to conduct a parking system evaluation and rate study for the City of Executive Summary 1. 7 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 410 Develop an Enterprise Mission Statement that guides parking policies and programs. • Personnel and Organization Term (Within 2 Years)-Near over the noted timeframes.downtown vibrancy, and remains financially sustainable, Walker recommends the City take the following actions To ensure that the parking system remains flexible and adaptive to changing customer preferences, promotes Summary Recommendations expectations.Stakeholder engagement efforts are recommended to align policies with community needs and • .community and business partnershipspositive Emphasizing transparent communication and consistent branding is crucial for fostering • Stakeholder Engagement and Communications also identified.were policiescurbside Strategies to enhance customer experience through improved facility aesthetics and streamlined • efficiency.) for improved ”PARCS“parking regulations, and upgrading Parking Access and Revenue Control Systems (street -include recalibrating parking rates to optimize revenue, simplifying on Identified operational needs • Operational Enhancements and Policy Adjustments 60% of transient parkers park in public ramps for free. Nearlythis cost burden would require reducing the subsidy for evening and weekend visitors to Rochester. the cost burden for downtown employees. However, shifting reliance on monthly parking contracts and Several opportunities to diversify revenue streams were identified, which could help reduce the system’s • street parking rates. -street and off-eventual changes to onrising and , future capital needs is projected to maintain a positive cash flow for the next several years PEFWhile the • Financial Stability and Strategic Investments season and enhancing security measures. the holidayoffering free parking during ity leadership and stakeholders has led to responsive actions like C betweenIncreased engagement • s. enhanced security and maintenance procedureSignificant improvements in safety and cleanliness across parking ramps have been achieved through • balance.Parking Enterprise Fund a healthy and , positive net income,positionThe Transit and Parking Department has maintained a robust financial • Celebrating Success and Building Upon Foundations 8 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 411 Consider implementing a downtown parking ambassador program. • Prioritize efficient parking management and operations before expanding parking supply. • street parking.-plate parking system for on-by-payEvaluate migration to • based pricing and event parking.-Explore additional revenue streams like demand • Monitor and adjust ramp lease rates based on financial projections. • Policies, Operations, Management, and System Finances: -Long Maintain robust communications and marketing efforts to inform the public. • Collaborate with Rochester Police Department on parking enforcement strategies. • Establish a Parking Task Force for ongoing feedback and strategic planning. • Coordinate with Mayo Clinic and other stakeholders to align parking strategies. • Stakeholder Engagement, Communications, Marketing, and Wayfinding Align hotel parking rates with regular ramp rates and adjust periodically. • Assess and potentially sell underperforming surface parking lots. • Encourage online payment of parking tickets to streamline processes. • driven management and integrate new PARCS data into operations.-Emphasize data • Explore flexible parking options and validation program reforms. • Review residential parking permit program costs and adjust fees accordingly. • Policies, Operations, Management, and System Finances 4 Years) –Term (3 -Medium Develop updated wayfinding signs and integrate with citywide signage. • Enhance communications and marketing efforts to inform the public about parking options. • Apply consistent parking brand across all communications and signage. • Stakeholder Engagement, Communications, Marketing, and Wayfinding Modify approach to curb space and loading zones. • Modify surface lot parking rate structures to streamline operations. • Phase out cash acceptance in ramps except at selected locations. • Implement new ramp daily and hourly transient parking rate schedules. • metered parking rates and time limits to simplify and incentivize turnover.street -Modify on • Enhance parking ramp facilities with improved lighting, signage, and wayfinding. • Upgrade PARCS equipment and complete essential repairs in 2nd Street and Center Street ramps. • Maintain current monthly lease parking rates for capital investments. • Policies, Operations, Management, and System Finances 9 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 412 20 Background and Context 10 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 413 tudy.Sate Rvaluation and Eystem Sarking P isThis report details the process, conclusions, and recommendations of th .of older downtown ramps Determine the financial impact on the PEF of potential capital repairs, demolitions, and/or replacements • the financial and management implications of recommended system changes, and;Determine • ;using the parking systemRecommend improvements for wayfinding, communication, marketing, customer service, and ease of • ; Engage with downtown residents, businesses, visitors, and stakeholders throughout • practices;Review parking system operation and management and suggest improvements based on industry best • staff to accomplish the following as part of this project:Department with next five years. Specifically, Walker worked in collaboration over theDepartment the serve as the work plan for parking inventory, policies, operations, and management, and the development of a set of recommendations to owned -addition to a parking rate study and financial evaluation, this work included an assessment of City In PEF, the Fund cannot operate at an annual deficit.the covenants of the underrelated revenue. Additionally, -all parking are charged with collecting and reconcilingand SP+ The Department”). SP+(“ ) exists with Departmentadministered and managed by the is thatcontract aparty parking management agreement (-ity's public ramps and lots, a thirdCTo operate the Residential Permits. • Enforcement/Citations, and; • Street Metered Parking;-On • Parking Lots; • Parking Ramps; • Administration; • entities (“business units”), which are defined as follows: generating-revenue -noncomprised of revenue and The PEF is ”). PEF(“ administers’s staff The Department residents and visitors.impacts of the Mayo Clinic, and the presence of downtown the ,destinations, the changing downtown landscapeover the past few years include office vacancy rates, commuting habits, events, nightlife evolvedthat have Important dynamics .was deemed necessary City’s parking system, a reevaluation of the growth and investmentdowntown planned significantwith along COVID downtown living and working, -postrealities of the navigatess downtown Rochester A .)”the Department(“ for the rate study conduct an evaluation and updated engagements, the City engaged Walker to previous up to these -a follow As 19 pandemic.-to the COVIDdue ramp rate changes were made, partlywere adjusted, but no sratestreet meter rates, and residential permit -Stemming from this 2020 study, citation rates, onapproved in 2017. initially street meter rate and parking fine increases, -recommended on s. The studyparking rate monthly leaseor (i.e., hourly and daily parkers) did not The 2020 study 2017, and 2020. ”) in 2008, Citythe (“ prepared previous rate studies for the has Background and Context 2. 11 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 414 30 Current Conditions 12 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 415 . for this projectdata forward and expedient when providing information and were both very Department staffmeetings. SP+ and operational coordination calls and routineaddition to the City for a quarterly incentive performance review, in and meets with related revenue-reconciling all parkingcollecting and surface lots. SP+ is responsible for to manage the City’s ramps and parking operator SP+Rochester has contracted with national Since 2022, . customersapproximately 10,000 transient parking accommodatethe surface lots whilesessions), each month (including paid and free parking customersapproximately 54,000 transient parking accommodateThe ramps . in the surface lotsparkers leaseanother 100 with ,the parking rampsfor leases are sold 1,400 monthly Approximately. 900 spaces in the lots, totaling 3,500 parking spaces in the ramps and approximately There areparking ramps and seven surface lots. The City of Rochester owns and manages six public RatesParking Assets and purposes. which were considered for financial modeling, anticipated changes to the Downtown ecosystem Walker’s understanding of with a description ofsection ends Finally, this .by Walker’s review of parking utilization, policies, management practices, branding, and wayfinding. This is followed parking ratesdescribes the physical assets and section this Current Conditionsbeginning of The • • • • during Walker’s evaluation:report specifically evaluates the following categories, although other Department responsibilities were considered the city’s parking and public transportation systems. This administersindicated in its name, the Department As . government Rochester cityepartment within d ity’s Public Works Department into its own cof the division was moved from a as the Rochester Transit and Parking Department knownnow the entity In March 2024, Current Conditions 3. 13 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 416$0.00After 5 pm/weekends$16.0012 - 24 Hours $14.00> 6 hours (Daily Max)$12.00> 5.5 - 6.0 hours$11.00> 5.0 - 5.5 hours$10.00> 4.5 - 5.0 hours$9.00> 4.0 - 4.5 hours$8.00> 3.5 - 4.0 hours$7.00> 3.0 - 3.5 hours$6.00> 2.5 - 3.0 hours$5.00> 2.0 - 2.5 hours$4.00> 1.5 - 2.0 hours$3.00> 1 - 1.5 hours$0.00> 0.5 - 1.0 hours$0.00> 0 - 0.5 hoursCurrent ChargeDuration 24/7 Overnight parking is permitted for holders ofcannot be used for overnight parking. basis; these leasesserved -first-come-users access to a given ramp with spaces available on a firstthat allows lease(unassigned) issued for the parking ramps. The most common type is a random ares leaseSeveral types of monthly Source: City of Rochester, 2024 .in The existing transient parking rate structure is shown below .ramp to rampsomewhat from monthly lease rates vary The hourly parking rate structure is the same for all parking ramps, while ramp. a businesses offer validations, which Various ticketpull a equipment. Under normal operations, transient parkers and revenue control All ramps have gated access ing Ramp RatesPark 2019, 630 stallsin Built • stalls 191999, 9in Built • stalls 151993, 6in Built • stalls 33Built 1988, 5 • stalls 11982, 39in Built • 5 stalls01962, 4in Built • The ramps include: the City’s skyway system.direct access to ramps provide Broadway Avenue. All , located within one block ofdowntown Rochester inare concentrated ramps The and transient parkers, including parkers with leaseboth monthly accommodate All six of the City’s public ramps Parking Ramps 14 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 417--$168-$154-Ramp 6$224-$168-$154-Third Street Ramp$224--$140-$145Civic Center Ramp$224-$168-$154-First Street Ramp$224-$192-$182-Center Street Ramp$224$173$168-$154-Se cond Street Ramp CommercialAsssigned 24/7 Assigned24/7 24/7 RandomFlexRandomRooftop Ramp spaces 36 spaces 70 spaces 66 spaces 381 spaces 173 spaces 881 69 spaces Rochester’s downtown public parking lots include: parking spaces. only -leaseAll lots are open to transient parkers, although transient parkers may not park in designated spaces. parking 900owntown surface parking lots, totaling approximately dis responsible for seven DepartmentThe Parking LotsSurface while charging in Third Street Ramp and Center Street Ramp is free. forA charge fee is in place .across the four ramps plugs, with eight (8) available chargersFirst Street Ramp, Third Street Ramp, Center Street Ramp, and Ramp 6 all have electric vehicle (EV) Electric Vehicle Charging .for parking management online portal developed-on Parking.com, an SP+and manage their accounts leases. Customers may request a parking leaseSP+ sells and manages monthly parking Source: City of Rochester, 2024 option. lease“flex” surrounding parking ramps, offers a relatively discounted the Center, farther from the downtown core than has higher monthly parking rates. The Civic primarily used for transient parking, closer to the The Center Street Ramp, for each ramp. leaseshows the monthly parking rates by type of Ramp has some assigned 24/7 parking spaces.he Second Street , while tlocation on its rooftop only-parking-lease s.leaserandom 15 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 418 .summarizes the key characteristics of the City’s surface parking lots do not wish to purchase a monthly lease.cannot or whoduration parkers -for longer hour transient parking-also offer 10 Zumbro Lot, the City’s surface lots Aside from the . in the Government Center transient spacesminute -minute and 90-30 offersCenter Lot . The Government of any City parking facilityand the highest hourly parking rate parking hour -2 duration-downtownprime location ’s he Zumbro LotGiven t y.onlmonthly lease parkers to accommodate in the near future converted It is expected to be . ransient parkers to paytonly) for -lot but only offers an honor box (cashspaces for transient parkers in the center of the meters for payment. The Power Plant Lot has space -and Government Center Lot use singleZumbro Lot The Government Center South Lot. Center North Lot, Civic Center South Lot, and ) are located at the Armory Lot, Civic Systems space pay stations (T2-obile). MultiM(Parkmobile app via the City’s stations, meters, or transient parkers are directed to pay at pay operate without gates; lots the AllFriday. -Monday .m.p to 5 8 a.m. required from payment, with 30 minutes to 10 hoursfrom lots range time limits in the City’s surface Transient parking ing RatesParkSurface Lot 16 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 419 Contract, Transient$2.50/hour2 hour63Zumbro Market LotContract, Transient $4.00/day 10 hour70Power Plant LotTransient$1.00/hour10 hour66Government Center South LotTransient$2.00/hour90 minute117Government Center Lot Part 2Transient$1.50/hour30 minute21Government Center Lot Part 1Contract, Transient$0.50/hour10 hour317Civic Center South LotTransient$0.50/hour10 hour188Civic Center North LotTransient$1.00/hour90 minute29Armory Lot South HalfTransient$1.00/hour10 hour40Armory Lot North HalfUser GroupCurrent RateTime LimitCurrent SpacesFacility minute meters are predominantly -minute and 90-. The 30 the area west of St. Mary’s campus downtown andin including time limits for metered parking spaces ,shows existing curb uses) (The following map ParkMobile app. City’s street parking sessions can be paid through the -, all onphysical meter technologyRegardless of the older Duncan parking meter models that only accept coins. usestill of downtown the “core”time limit/10+ hour zones and those yet to be replaced in -eters in the noMdetect if a parking space is occupied. in sensors to -hour spaces) with IPS M5 “smart meters” that can process credit card payments and have built-3min, and -min, 90-owntown (30d is in the process of replacing all meters in the “core” Departmentthe Currently, 4 ).as shown time limits and rates, owntown Rochester. These include a mix of dstreet parking spaces in -1,300 metered onThere are approximately Street Metered Parking-On .sleasesurface lot monthly SP+ also manages parking ramps, Along with . Zumbro Lot has the highestthe whilerate, leaselowest he Civic Center South Lot has the As the farthest facility from the core of downtown, t. and Zumbro Market Lot: the Civic Center South Lot, Power Plant Lot, owned surface lots-s are offered at three CityleaseMonthly parking S 17 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 420. nue, and Broadway Avereet, Center StreetSt nd 2Avenue, st 1, on core downtownconcentrated in the . these curb restrictions regulate approximately 270 parking spaces, Taken together one.Zoading Lassenger Pruck or T • , andnlyOoading L-ruckT • ,oneZoading Lransportation T • ,oneZoading Lransportation Tone/Zoading Lassenger P • ,tandS abCone/Zoading LPassenger • ,oneZoading LPassenger • ,oneZoading Lommodity CPassenger • ,nlyOoading Lhuttle SMayo • ,nlyOarking PDisability • ,tandSCab • ,nlyOoading L-Bus • ,nlyOehicle VAuthorized • :These include are enforced in the downtown area.other variousIn addition to metered parking, hour parking.”-“10 meters without time limits and are marked asdowntown area have SW and north of Center Street. Finally, streets that form the periphery of the nueAve nd 2hour metered spaces are predominantly west of -Mayo Clinic. The 3the located around and immediately east of 18 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 421 19 2024 May Draft v1 Evaluation and Rate StudyParking System City of Rochester, Minnesota 422 payments.revenue comes from mobile street -The majority of on 3:21 Average 6:26No Limit/ 10+ hr1:563 hour1:212 hour1:1190 min0:2730 min(hrs:min)Duration Average Meter Type , or monthly parkers. customers , validatedtransientstransients, free determine the percentage of users who were paid ramp to parking each use characteristics ofalso reviewed the . Walker , in percentage terms, how many spaces are unavailable at a given time on a given daywhich measures ,street occupancy-street and off-Walker’s review of Rochester’s public parking system included a review of on Parking Occupancy and Utilization the average parking duration close to six (6) hours and 30 minutes long., with all dayhour spaces are used for workers who park -sessions in the 10 hour spaces. Meanwhile, most parking-minute and 2-minute difference between average durations for the 90-duration of 30 minutes. There is only a 10minute spaces pay for the maximum allotted time, with an average paid -As expected, most parkers using the 30 Source: Walker Consultants and ParkMobile, 2023 because of the ability to pay for short time periods with coins. transactions average durationlower have, which tend to at the meters themselvespayment ParkMobile app. Note that this does not includeshows average parking durations for parking sessions paid through the . paid parking session for all meter types was approximately and September 2023, the average duration of a January between ,According to ParkMobile transaction records pilot meters. space-multifrom credit cards paid percent from coin payments, and 12 percent revenue was collected through ParkMobile, 28of meter percent Between January and August 2023, 61 Street Parking Review-On the system.elp guide the team’s recommendations for improving the system and h understandbetter to the parking communication, branding, and wayfinding environment in Rochester procedures, andenforcement sales, leasemonthly s, occupancy of Rochester’s parking asset he utilization and reviewed tWalker Policy and Operations Review 20 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 423 Free transient parkersPaid transient parkers18,00016,00014,00012,00010,0008,0006,0004,0002,00003,6645,4678,9886,4173,3564,5492,7582,2098,0686,6182,5292,588 sessions are not included.parking lease The figure is based on the percent of free transient parking out of all transient parking sessions. Monthly 1 cards. 6 all ramps. As of May 2024, the Police Department had 40 access cards, SP+ had 31 cards, and vendors had 1accounts, the Rochester Police Department, SP+, and vendors conducting ramp maintenance have access cards to In addition to the individual ramp lease for each ramp.on leases cap assumed-Departmentthe and of 2023quarter nd s sold for each ramp in the 2leaseshows the average number of monthly ) table (The following Monthly Lease Parking Source: City of Rochester, 2023 below shows the portion of paid and free transient parking sessions for each ramp in October 2023. .within one hourexiting the ramp park for free by either parking in the evening and weekend free period or 1 Over 50,000 transient parkers use Rochester’s parking ramps in an average month. Approximately 57 percent Transient Parking Street Utilization-Off 21 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 424 1,5901,06569Total 2501990Ramp 67005430Third Street Ramp2709657Civic Center Ramp100430First Street Ramp40180Center Street Ramp23016612Second Street Ramp CapLeasesMarket-Rate LeasesEmployee City Ramp street parking occupancy from 2018 to 2023. - in pursuit of this space availability goal. parking ratessetting of the proper allocation of time limits and the City’s decisions related to Occupancy data is collected and analyzed because it informs block or park far away.parkers who need to visit a business on that block can easily find a space and park without needing to circle the so that block face perthree months. Typically, parking agencies want to keep at least one available space open for its metered street parking and surface lots approximately every datacollects occupancy DepartmentThe Street Utilization-On . bump up against ramp capacity , eventually,mayowntown development indicate significant growth in downtown workers that dsold in the ramps, plans for future s leasemonthly the number of increaseroom to . While there is COVID-sold for the City’s parking ramps than pre has more lease sales than the cap. Like many parking facilities in urban centers, fewer monthly leases are now , there is room to sell additional monthly leases at all City parking ramps, as no ramp As is indicated in Source: City of Rochester, 2023 22 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 425 on June 14, 2023, at 11 a.m.based on data gathered owntown Rochester study areadshows the distribution of parking occupancy in the ) ( The following map ., resulting in a spike in occupancystreet metered parking spaces-rules at onthe suspension of paid parking and other ; downtown businesses requested little parking enforcement presencepandemic when there was COVIDpeak occurred at the beginning of the percent compared to peer cities. The 90, which is high percent and 90 percent treet occupancy in Rochester has historically trended between 60s-On Source: City of Rochester, 2023 23 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 426 24 2024 May Draft v1 Evaluation and Rate StudyParking System City of Rochester, Minnesota 427 . permits tenfewer than each withzones have fewer than 100 permits issued, including Zones 12, 13, and 14, have the most permits issued within them, each with over 200 permits. All other Zones 5, 6, and 8. in the map Close to 1,000 permits are currently issued between 12 designated RPP zones, shown onpermits. for designating RPP zones, issuance of permits, and enforcement of criteria and procedures s theCode define-Chapter 11 enforcement of Rochester’s Residential Parking Permit (RPP) program. the administration and oversees Departmentowntown area, the dIn addition to metered parking in the ParkingPermit Residential street parking availability. -availability in the downtown parking ramps, especially when compared to on typicallye that there is represent typical parking occupancies in the downtown ramps and indicatonly 12 percent. These Street Ramp had the lowest utilization, at st respectively. The 1 ,utilization, at 59 percent and 56 percent significantmost Street Ramps experienced the rd Center Street and 3the The map shows thatstreet metered spaces. -onof available spaces. The available parking spaces in the ramps represented more than four times (4x) the number2,000 available parking nearlywere also just 43 percent occupied overall, with the parking ramps Meanwhile, .include the Civic Center South Lot and the Power Plant LotThis count did not . t, at 62 percenduring this countutilized percent more than 50 with was the only surface lotThe Zumbro Lot occupancy of 43 percent. overall, with an street-than on urface lot occupancy was much lowerS SW. nueAve th SW and 14 nueAve th parking spaces around the St. Mary’s campus on 13 minute-90hour and -10 c. . nueAve th and 7 nueAve th owntown, between 5dlimit/10+ hour spaces adjacent to Mayo Clinic parking lots west of -time-No b. .nueAve st, and 1nueAve rd, 3nueAve th Mayo Clinic on 4the minute meters directly surrounding -minute and 90-30 a. occupancy:street -onhigh dparticular experienceThree areas in street parking occupancy was 60 percent, with approximately 480 available metered spaces.-onOverall, than others. owntown areasdshows that parking activity is more heavily concentrated in some 25 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 428 . , along with their associated finelists all parking 57 parking citation types of all citations issued. percent 90 violations constitute nearlyThese four . (Code 74) , and parking in a No Parking Zone(Code 95) Registrations, Expired (Code 86) Residential Permit Parking violations , followed byviolations (Code 71) eterMxpired E for issued she most frequent citationwith t ,by PCOs annuallyApproximately 25,000 parking citations are issued only streets. -RPP PCOs are responsible for enforcing both metered parking and parking on .Departmentemployed through the Rochester Police (“PCOs”) -Parking is enforced by four full Parking Enforcement only restricted street. -residential permitpermit credential. Enforcement then scans license plates to determine if the parker has a valid permit for each used as the which is license plate number, with theirthe City they provideWhen a person obtains a permit, zone. at $10 per vehicle, sold to visitors of residences in the RPP 30 daysboth sides. Temporary permits are available for residents and employees of a dwelling/shop located on a street with residential parking restrictions on one or of $33.00 per vehicle. They are sold to at an annual costResidential parking permits are sold on a rolling basis Source: City of Rochester, 2024 26 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 429$35.00Restrictions on Primary Traffic Streets128$28.00Disabled Cert Max 4 hours at Meters127$35.00In Bike Lane125$35.00Parallel Parking (Near right edge if no curb)124$35.00Boats Trailers Dump Trucks- 1 hr123$35.00Temporary No Parking Zone122$35.00Parking Lots City Owned121$35.00Removing Marks120$35.00Any Vehicles used for Advertising119$35.00Trucks Transporting Livestock- 1 hr118$35.00Trucks or Motor Homes over 23 Long or 8 Wide 1 hr117$35.00Vehicles Transporting Explosives116$35.00Vehicles with Trailer or Semi-Trailer115$35.00Vehicle for Sale on Street or Alley114$35.00Vehicles Backed to Curb113$35.00Pass & Commodity Loading Zone Not Over 15 mins112$35.00Passenger Loading Zone (Not over 15 mins)111$35.00Angle Parking (Within marked lines)110$35.00Front Yard Parking109$35.00Official Signs Prohibit Parking- Prohibited Stops108$35.00Temporary Signs Prohibit Parking- Prohibited Stops107$35.00Parking Prohibited- Private Parking106$35.00Parking in Bus Stop or Cab Stand105$35.0030' of Traffic Signal or Stop Sign- Prohibited Stops104$35.0020' of Intersection Crosswalk- Prohibited Stops103$35.00On a Crosswalk102$35.00Within 10' of Mailbox- Prohibited Stops101$28.00Municipal Parking Lots100$35.00Double Parking- Trucks Loading 15 mins99$35.00Intersection- Prohibited Stops98$35.00Within 5' or Blocking Alley or Drive97$35.00Parking Contrary to Police Officers Orders96$53.00Exp Registration Display95$35.00Seasonal Parking Restrictions94$35.00Parking in Fire Lane93$35.00Along Side Street Excavation- Prohibited Stops92$35.00Within 20' of Fire Station Drive-Prohbited Stops91$35.0050' of Railroad Crossing- Prohibited Stops90$35.00Parking on a Sidewalk89$35.0088$35.00Parking on Grade (Brakes set wheels turned)87$35.00Residential Permit Park86$35.00Parallel Park (>12" From Curb)85$197.00Disability parking84$35.00Unlocked Ignition83$35.00Snow Removal/Street Mainenance82$112.00Snow Emergency81$35.00Truck Loading Zone80$35.00Alley Parking79$41.00Fire Hydrant within 10'78$35.00Double Parking- Prohibited Other77$35.00Wrong Side of Street76$35.00No Parking 2-6am75$35.00No Parking Zone74$35.0024 Hour Parking73$35.00Overtime72$28.00Expired Meter71 AmountViolation TypeCodeCitation Source: City of Rochester, 2023 27 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 430 Walker However,. the ramp name and a blue “P” sign withparking ramps have a sign the publicentrances to most . Instead, throughout all signage and digital and print communications associated with the parking systemdoes have a distinct Rochester Public Parking brand, but the brand is not propagated Departmenthe At present, t ParkMobile app, and how to pay a parking ticket. parking, how to use the monthly leaseparking, disability parking, understanding parking rates and how to find street -and off -locating on hosted within the City’s website, which includes information and links related to . Walker acknowledges that Rochester already has a homepage for parking for this project the public surveyhis team helped promote ; tthe public forCommunication Department when creating materials and press releases City’s often utilizes the The . provided by SP+ customer servicebranding, and signage, facility website, its through media engagement, with the public comes onommunicatic Department’s The Parking Communications, Branding, and Wayfinding Source: City of Rochester and Walker Consultants, 2023 restaurants., near a concentration of bars and SE reetSt rd SW and 3 nueAve st along 1 nowntowdin the southeast corner of most frequently occur . Finally, overnight parking violationsto park there for free tryingpressure from employees experience the most and ,owntowndclosest to which are area. Most RPP citations occur in Zones 5, 6, and 8, Meter and No Parking Zone citations occur evenly throughout the metered parking Expired, As shown in 28 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 431 . Zone Passenger Commodity Loading versus a minute Passenger Loading Zone-15 park in a to distinguish the difference (if any) in which vehicle types are permitted to is difficultexample, it For .regulationsconfuse users about parking rules and can street parking facility and wayfinding signage-off Inconsistent street ramp.-) or an offitself street parking space (which is very limited on Broadway-to circle for parking to find either an ontraffic downtown as vehicles are more likely increasedThis can lead to street parking. -is unclear where to find off, where it nueBroadway Ave alongowntown core, particularly dwithin the locationsWalker also observed several Source: Walker Consultants, 2023 updated in a coordinated manner. Additionally, wayfinding signage within parking ramps is inconsistent, indicating that signage is not regularly -they are Citynot that , facilitiespublic parking these are only that indicate ssigns at the entrances to the other ramp the . In contrast,indicates that it is a Rochester public parking ramp) in the below images Street Ramp (far right rd one side of the sign. Only the marquee entrance sign to the 3above, below, or to either consistent placement of the “P” including in ,these signs innotes a lack of consistency 29 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 432 Source: Walker Consultants, 2023 . citydestinations within the directing foot traffic between parking ramps and other ,and elevator and stairway lobbies skyway systemwithin the skyway system. Signs are located throughout the observed more signsalthough Walker the street, The project team did not observe any coordinated pedestrian signage system on destinations.owntown dpopular pedestrians navigate between parking locations and helpsvehicular signage, pedestrian signage Aside from Walker Consultants, 2024Source: 30 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 433 years. tenExpected to undergo redevelopment within • Part of Riverfront West Small Area Plan. • Street Parking Ramp nd 2 Redevelopment would result in a loss of 317 parking spaces. • Scope and scale of development TBD. • Expected to undergo redevelopment within three years. • Part of Riverfront East Small Area Plan. • Redevelopment would result in a loss of 188 public parking spaces. • The most recent proposal is to develop 335 apartment units on site. • Expected to undergo redevelopment within three years. • redevelopment:initiative, three parking facilities are expected to be directly impacted by Along with the DMC’s 19, 20Source: DMC Development Plan ). ( percent 30by grow owntown resident population will dthe by 2040, and percent employment will grow 65owntown dprojects that the DMC While the exact phasing and scope of these developments remain uncertain, growing workforce. significantly over the next few years, and several new residential buildings are being planned to accommodate the , is underway. Expansion of the Mayo Clinic and supporting businesses will ramp up SW nueAve nd along 2of Discovery Walk, a linear parkway . Developmentdeveloping pedestrian walkways and renovating historic sitesDMC has already accomplished several projects in coordination with the City of Rochester, including The owntown residents. downtown, attracting more visitors to Rochester, and providing more amenities to Mayo Clinic patients and dadding thousands of additional workers initiative. Plans for this investment include development is a $5 billion investment as part of Destination Medical Center’s most significantWalker understands that significant development is slated to occur in Rochester over the next few years. The Downtown Ecosystemthe Anticipated Changes to 31 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 434 , 2024Source: City of Rochester reduce the impact of vehicular traffic downtown.to ride-and-catalyst to improve service for the rest of the public transit network, which will further link with parktime signage. This project is intended to be a -and expanded bus shelters with real free service-as well as fareday, -minute service during peak times and 10-5Highlights of Link will include frequent . )( it Village mobility hubWest Transthe and the Waterfront Southeast redevelopment area, , campus St. Mary’s the owntown, dthe is under development and will open in 2026 to connect )”“Link(called ) route”BRT“(Rochester’s first bus rapid transit . and changes to the parking system capacity in advance of these developmentsride -and-up its public transportation and satellite park is ramping DepartmentTransit and Parking and the, periodplanning year -over a multi employment and downtown population growth anticipatingity has been CThe redevelopment. The ramp would be demolished, and a potential new parking structure would be built to accommodate • Scope and scale of development TBD. • 32 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 435 40 Stakeholder Engagement 33 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 436 to use. yStreet Ramp is eas rd Technology in Ramp 6 and 3 • compared to the Twin Cities. Parking is • Lots of downtown parking supply in ramps. • Free parking encourages downtown business. • under one hour. is Free if parking • nights and weekends. • access. • The following is a more detailed list of common strengths that were identified with the parking system: all user groups, particularly people with limited mobility. and parking options that includetransportation that it is important to offerowntown ecosystem, most attendees agreed dtransportation in the prioritizing different modes of agree on unanimouslydid not participants of the listening sessionsWhile the to conduct a coordinated communication and marketing campaign.the City and signage directing them toward nearby parking ramps. One of the ideas that repeatedly arose was for communication need for morecustomers and visitors is a expressed by . One of the main challenges offeringthis their desire for the City to continue benefitted from the free parking offered at night and during weekends and owntown events. Many attendees expressed how their business or organization davailability crunch during busy ramps is usually available and convenient, with the caveat that there is an agreed that parking in the City. Most attendees person and virtual stakeholder listening sessions-the four inthemes emerged through Several Listening Session Findings of the public engagement process.findings thedetails section The following 780 unique responses. ber and November 2023 and garnerednews outlets also publicized it. The survey was open for 30 days in Octowhen it was released in October 2023. The City also publicized the survey through a press release, and several its availability Over 3,000 Rochester Polco subscribers were alerted about via the City’s connection with Polco. Communications team to develop, release, and promote an online public survey. The survey was available online the City of Rochester’s and the Transit and the Planning Departmentwith coordinated Additionally, Walker .political leadersincluding property owners, business owners, nonprofit and community organization leaders, and ,participantsfrom over 20 the project team heardand leaders of community institutions. During these roundtables, virtual session was held on Friday, November 3, 2023. Invitees included members of the Downtown Task Force , and a The three listening sessions were held in the morning and afternoon on Wednesday, November 1, 2023 public survey. , a virtual roundtable, and an online listening sessionsperson stakeholder -inengagement for this Plan included , processowntown Rochester. To have the most accessible outreach and engagement doverall vision for that better reflected the The input received helped guide specific strategies and fostered responsive solutions . Parking System Evaluation and Rate Study the developingPublic and community engagement was essential to Stakeholder Engagement 4. 34 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 437 . visit a few times yearly percent month, and 10a few times per week or visit percent owntown most days or every day, 56dvisit they idsaof respondents percent About 28). percent 55904 (14), and percent ), 55906 (18percent ), 55902 (23percent were 55901 (33 of survey participantsZIP codes residential The most common owntown visitors. doccasional or frequent were percent lived in Rochester or percent owntown residents, 86didentified as -self percent 5Of the 780 survey respondents, ear from?He Wid DWho Public Survey Findings Bike lockers and shower/changing rooms. • .semployee downtownparking for Discounted • in ramps near skyways and ADA signage. More • about parking options for event visitors. Provide • in ramps. Modernize/upgrade • owntown. dterm parking options south and west of -Add long • like bike lanes and deliveries. ,besides parkingConsider other uses of • program. Better • campaign through social media, emailing, website, and signs. Coordinated • Management).downtown by alternative travel modes (a.k.a. Transportation Demand travelingInitiatives to encourage • payment options in ramps.-and pre • owntown:dsystem brought out a variety of potential ideas and desires for how to improve the parking listening sessionsFinally, the are confusing. Meter • is confusing if staying longer than one hour. • on parking. Concerned about • People don’t know whether ramps are public. • Signage about seasonal parking changes is unclear/missing. • – availablestreet spaces typically not -hour on-Ten • parkers during events. leaseSpaces not kept for • . Availability crunch during • may have to walk a block away. is not guaranteed in front of the destination; you Availability • street parking around St. Mary’s campus.-Lack of on • Traffic congestion during rush hour. • perceptions. Ramp • about where parking is available. • Stakeholders also expressed several challenges for this Plan to address: with new management. Ramps have gotten • 35 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 438 parking in their preferred location.that they could always or usually find thirds of respondents answered -Over two destination, finding an available space quickly, feeling confident that parking will be available, feeling safe when , including being able to park close to their When asked to allocate points between Rochester, it is impossible to meet all three simultaneously.owntown dAlthough two of the three criteria can be met simultaneously in a thriving urban environment such as their destination.They want it to be convenient or proximate to 3. They want it to be always available; 2. They want it to be free; 1. parking:Parking customers want the following when seeking (convenience). of cost, availability, and proximity )( triangle”This practice is best represented by the “parking higher than less convenient parking locations. spaces by pricing the most convenient and desirable parking parking demand manageis to best practicethe limits, In setting parking rates, fees, and associated time Parking Preferences somewhat aware. percent aware and 17 percent hour parking in the ramps, with only 71-with the City’s offering of free one However, fewer people were familiar . )percent (9 or somewhat aware of it) percent (90respondents were aware nearly all ,after 5 p.m. and on weekends night When asked about familiarity with the City’s free parking at to three hours. offers flexibility to park on the street for up incentivizes high turnover but also way that parking in a street -onmanage continue to to a need ghighlightinhour and two hours, ) takes place between one and dining patronsshoppers ,transient parking activity (i.e.most indicates that Altogether, thisstaying more than 3 hours. percent staying less than 2 hours and 30 percent 30), with about percent 3 hour window (42-vent parkers are most likely to be parked in the 2. Estay less than 2 hours percent 1 hour, but over 70of dining patrons stay less than percent Only 12. park for less than 2 hours percent 1 hour, and over 80that they park for less than idowntown to shop sadpeople who come of Forty percent ). percent (18 street parking the second most popular location-with on, a public parking ramp) typically park at percent respondents (52 Most policies and management strategies will impact parking behavior.as a baseline for the project team to understand how potential The survey asked about current parking activities ctivitiesAarking PExisting 36 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 439 funded, avoid overbuilding parking, and focus on multimodal transportation solutions. -However, many comments countered this by expressing a desire for parking to remain userparking facilities. a safer parking experience, and building more desiring expected, many comments relate to wanting free parking, . As owntown Rochester's parking experiencedideas about improving The survey also asked respondents to share CommentsEnded -Open .to the person’s destination inexpensive and closerelatively question is that downtown parkers are willing to circle for parking if necessary as long as the parking is was voted as less important. Walker’s interpretation of this ” closely followed by “ ,”category with the highest point allocation was “cheap parking, the rparking and walking to the destination, knowing where to park, and having free and/o 37 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 440 50 CitiesReview of Peer 38 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 441 Mon- Fri 9am- 6pmNo limitN/A$1.00 $1.00 52,505La Crosse, WIMon- Fri 8am- 6pm--N/A$0.95 $0.95 107,083Green Bay, WIMon- Fri 9am-5pmhr, 10 hr30 min, 1 hr, 2 hr, 4 N/A$1.00 $1.00 136,512Cedar Rapids, IAMon- Fri 9am- 5pm--N/A$1.25 $1.00 189,258Sioux Falls, SDMon- Fri 9am- 9pm4 hr, 12 hour$1.75 in Rates are $1.75 $0.25 213,545Des Moines, IAMon- Sat 8am- 6pm2 hr, 3 hr, 10 hr 25 min, 30 min, 1 hr, N/A$2.00 $1.10 265,447Madison, WIMon- Sat 8am- 10pmhr, 4 hrNo limit, 30 mins, 2 $3.75 $2.25 $0.75 309,751St. Paul, MNDaily 8am - 10pm 1, 2, 4, 10 hours$6.00 $3.00 $0.50 425,091MNMinneapolis, Mon- Fri 8am- 5pmhr, 10 hr30 mins, 90 mins, 3 N/A$2.00 $0.50 119,732Rochester, MN , 2024ebsiteswCity Source: .with the eight peer cities examined enforcementstreet parking rates, time limits, and hours of paid parking -on The following table compares Rochester’s ReviewPeer Street Parking -On included., which is why larger cities were populations most peers of it owntown Rochester relative todparking demand in resulting in higher owntown, dMayo Clinic on the impact of Rochester stands out among its peers because of the . Green Bay, WI; Cedar Rapids, IA; Sioux Falls, SD; Des Moines, IA; Madison, WI; St. Paul, MN; and Minneapolis, MNhigh institutional presence. Peer cities included (from least to most populated) La Crosse, WI; urban core with a having a dense , population density, and The cities were selected based on geographic proximity to Rochester .system financesand hourly, daily, and monthly rates, and hours when payment is required; street-street rates, time limits, and enforcement hours; off-, including their oneight peer municipalities researched, Walker Parking System Evaluation and Rate Study this For their parking systems. operateregion the samein or institutions cities how otherlanners often consider a city or institution's parking operations, pWhen examining Review of Peer Cities 5. 39 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 442 Primarily business contracts- N/ANone$40 - $50$40 - $50weekendsFree nights/ $8.00 $1.00 552,505La Crosse, WINone$74 - $84$74 - $84weekendsFree nights/ $11.00$8.50 - $0.85 - $1.104107,083Green Bay, WI$110 $55 - $85$55 - $85weeekndsFree nights/ $6.00 hour freewith first $0.75; some 7136,512Cedar Rapids, IA$93 - $130$62 - $87$62 - $87weekendsFree nights/ $12.00 $1.50 4189,258Sioux Falls, SD$160 $55 - $85$55 - $85Free Sundays$10.00 $1.00 8213,545Des Moines, IANone$140 - $250$92 - $180weekendnight and/or $8 max per $28.00$14.00 - $0.80 - $1.806265,447Madison, WIafter 5pm$13 flat rate $28.00$16.00 - length of stayDepends on 8309,751St. Paul, MN$215 - $235$70 - $265$70 - $265None$18.00$5.00 - length of stayDepends on 13425,091MNMinneapolis, $173 $168 - $192$154 - $182weekendsFree nights/ $16.00 hour free$2.00; first 6119,732Rochester, MN , 2024ebsiteswCity Source: . the peer municipalities in Rochester’s parking ramps versus parking ramps in parking rates leaseweekends, and monthly on evening orhourly and daily (transient) parking rates, any discounts for parking in the the The following table compares ).downtown Rochesterpotentially due to the high proportion of healthcare jobs in (downtown Rochester versus the peer cities returning to work in person in more people result of thelikely . This issome peer citiesthose in than pandemic 19-COVID, Rochester’s parking ramps have generally been more highly utilized since the team’s experience Based on the project .which is approximately average among the peer citiesRochester has six parking ramps, ReviewPeer Street Parking -Off , and some charge even later in the evening. 6 p.m.for parking until street parking on Saturdays. Most peers charge -Madison and the Twin Cities charge for on , whilehours businesstime limits, while Rochester has four. Rochester only charges for metered parking on weekdays during standard street -ononly have one or two cities , some peerAdditionallylimit. time minute -limit option, but none have a 90minute time -have a 30examined cities of the some —unique among its peersstreet time limits are -Rochester’s on Rochester and other cities do not. while, ing and other eventscharge a special event rate during sport. The Twin Cities day parking in the downtown periphery-Rochester also offers a discounted meter rate for allLike these other cities, Madison. in the same as butis $2.00 per hour, less than in the Twin Cities Rochesterin peers. The maximum ratethose of its street parking rates are comparable to -Rochester’s on As shown above, 40 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 443 set in a way that generates sufficient revenue to cover operating expenses, repairs, and debt service. Two ramps Other cities do not have the need that Rochester does to ensure that rates are . funded-userRochester is entirely it is important to note that several peers subsidize the parking system with general funds, while however, Rochester’s hourly and monthly parking rates are generally higher than its peers (except for the Twin Cities); Conclusion not rely on an outside funding source.funded and do -only Minneapolis, Madison, Green Bay, and Sioux Falls are similarly userOf the peers examined, some federal funding for capital improvement projects. andfor operating expenses revenue to pay TIF funded and relies on-is not entirely userSt. Paul system The. Authorityparking is managed as an enterprise fund by the Housing and Redevelopment street -off. St. Paul’s funded-user , which, like an enterprise fund, is y is a special revenue fundGreen Ba. sundfnterprise e irrevenue to supplement the )TIFincrement financing (-taxor fundsrecently relied on general enterprise funds. However, Des Moines, Cedar Rapids, and La Crosse have all operate asRapids, and La Crosse Madison, Des Moines, Sioux Falls, Cedar Minneapolis, The parking systems of . or tax levy City’s general fund funded and does not rely on the -The parking system is completely usermust cover expenses and debt payments. a business where revenues which functions like enterprise fund, an system is operated as Rochester’s parking Peer Review Structure FinanceSystem offer. ), which Rochester does not weekendsweeknights and all 7 a.m.to 6 p.m.(which can be used between leasesonly -in Minneapolis. Finally, Madison sells overnightreserved space a much less expensive than Street Ramp for $173, nd. Rochester also sells reserved parking spaces in the 2leaseis the same as a 24/7 leasethe Twin Cities, a monthly allowing 24/7 access to a parking ramp. In other peer cities besides Madison and ,sleaseRochester sells separate .more affordable parking options as Minneapolis and Madisonter has a similar range of . When its surface lots are included, Rochesparking ramps outside of its downtown corethese rates are not necessarily comparable since Rochester has no periphery of their downtowns. However, charged in Minneapolis and Madison, although both peer cities offer reduced parking rates in ramps on the monthly rate than the maximumis is less four other ramps, and $145 for Civic Center Ramp rooftop spaces. Th24/7 parking rate is $182 at the Center Street Ramp, $154 at -reserved, non-monthly non imum Rochester’s max same 24/7. theoffer any discounts, so parking rates are . Minneapolis parking ramps do not and on weekends sthe evening inrates for parking reducedand St. Paul have on Sundays. Madison parking free provides. Des Moines charges for parking on Saturdays but weekend parkingevening and free , offeringRochester is comparable to La Crosse, Green Bay, Cedar Rapids, and Sioux Falls higher than other peers. but St. Paul, and Madisonmaximum rate for transient parkers is $16.00 (occurs after 12 hours of parking), which is less than Minneapolis, Rochester’s daily it to vehicles exiting within one hour). providesto all parkers, while Rochester only free hour first theCedar Rapids that offers a free hour of parking (Cedar Rapids offers aside fromRochester is the only city Rochester’s hourly parking rate of $2.00/hour is higher than peer cities outside the Twin Cities. However, 41 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 444 setting.a critical component in future rate finances, PEF’s describes the The following section . setting policy-a city’s rate sole justification for theshould not be used as this informationparking rates, leasestreet, and monthly -hourly offmetered, regarding their peers' positions understand municipalities helpcan lthough a peer review Therefore, a operating challenges and financial realities that Rochester faces. hey may not be aware of the unique Rochester’s parking rates are higher than La Crosse or Cedar Rapids, t While users might observe that street parking options. -limits on of people accessing downtown, whichamount of curb space dedicated to loading, bus and shuttle services, and bike lanes to support the large volume Additionally, Rochester is unique for its high density of downtown institutions, which require a significant costs. with associated higher maintenance and repair , are over 40 years oldStreet) nd in Rochester (Center Street and 2 42 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 445 60 Parking Enterprise Finances 43 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 446 Residential permits•Enforcement citations•street metered parking-On•EV Chargers•& business validation programsHotel•locker leasesBike •Public transient parking•Contract parking•ParkingStreet -OnRamps and LotsStreet -Off 24 percent of revenue, and surface parking lots roughlymetered parking and parking citations accounted for street -approximately 70 percent of total parking system revenue, on generated In 2023, the City’s parking ramps Source: City of Rochester and Walker Consultants, 2024 other sources.system also generates revenue from several he, tin City’s public parking system. However, as shown street metered parking spaces generate most of the revenue generated by the -street parking ramps and on-Off Parking System Revenue .system performance to provide context for the recommendations presented later in this Planfuture impactingThe following sections summarize the PEF's historical financial performance and describe factors years. tenwithin the next he revenue generated by the system cost to operate and maintain the City’s parking assets is expected to exceed t financially unsustainable, without future parking rate increases and/or continued growth in parking demand, the is not in imminent danger of becoming PEFund balance over the next 2+ years. While the Fdecrease the expects upcoming capital projects to significantly Departmentthe accumulate a healthy balance. However, to PEFHistorically, parking user fees have been sufficient to fully fund the parking operation while allowing the the City’s parking operation.street metered spaces, and residential permit parking areas fund -City’s various parking ramps and surface lots, on As a result, the users who park in the . operating and maintaining the systemsystem must pay for the costs of meaning that revenues generated by the The City’s public parking system is operated as an enterprise fund, FinancesParking Enterprise 6. 44 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 447 REVENUEOPERATING OPERATING EXPENSES the construction of Ramp 6; these payments are scheduled to continue through 2040.associated with in debt serviceapproximately $1.45 million per year pays PEFIn addition to operating costs, the 4 expenses and revenue.Parking ramps represent a significant majority of both operating .the expenses incurred compared toin 2023 unit operating business illustrates the proportion of operating revenue generated by each parking system spent approximately $5.1 million to operate the parking system. Departmentand maintain parking. In 2023, the to build, operate, costly While the City’s public parking system generates significant revenue from user fees, it is Parking System Expenses .revenue growthpotential future y’s parking system, with is expected to continue impacting the CitMayo Clinic parking demand , this new demandaccommodated by its planned new parking capacity. While transit improvements are intended to satisfy some of will bring significantly more employees downtown than can be development plans, the Mayo Clinic associated with the Mayo Clinic has the potential to positively impact the City’s parking system. Based on known In addition to the near complete recovery in system revenues from pandemic lows, significant new development similar cities.compared with pandemic's impacts, especially City of Rochester’s public parking system has recovered well from the The year ever; compared with 2018, the system generated a little less than 1 percent less revenue in 2023.The parking system generated 4 percent less revenue in 2023 than in 2019, the system’s highest revenue • Covid levels.-street has fully recovered and exceeds pre-Meter revenue in both surface lots and on • Covid levels.-parkers is still below pre monthlyRevenue from • few interesting data points stand out:the pandemic, a beforeWhen comparing recent parking system performance with the performance of the system million in operating revenue in 2023.$7.3 roughly generated approximately 6 percent of revenue. Systemwide, the City’s parking operation generated 45 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 448 through 2030.improvement projects needed for capital $12.1M(next six years)$2.6M Other CIP projects: (next four years)$1.1M Ramp aesthetic improvements: (2024)$1.9M New PARCS equipment: 2025)–(2024 $4.1M Center Street Ramp Repairs: 2025)–(2024 $2.4M Street Ramp Repairs: nd 2$765,069$1,453,718$145,107($225,032)$1,413,831$2,670,522$3,537,000$3,294,800 $3,140,300 202320222021202020192018201720162015 . Walker Consultants, 2024City of Rochester, Source: illustrates the capital projects identified by the City for completion in the next six years. undesirable level.to an balance these identified projects have the potential to drop the Fund , sufficient as the minimum level that would be consideredbalance of $8 million PEF identifying a Department the With will be necessary over the next six years.$12.1 million in capital projects that roughlyidentified wever, the City has Ho. balance was approximately $17.2 million PEF As of April 2024, the City of Rochester’s Parking Enterprise Fund Balance and Expected Capital Needs reserves to help pay some of these costs.cash PEF’s portion of the use ato the Departmentreplacement, and other capital needs, it will be necessary for s, periodic equipment well as the ongoing capital repairs and maintenance needs of structured parking facilitieoperating income after debt service in 2023. With significant capital projects expected in the next few years, as that the system generated less than $800,000 in net meanwith operating the system and repaying debt , despite the significant revenue that the parking system generates, the costs associated in As shown Source: City of Rochester, 2024 each year since 2015. public parking system generated after debt service paymentsthe presents the net operating income parking system revenue in 2020 and 2021. significantly reduced and operational changes aimed at supporting downtown businesses of demand caused by the pandemicaccounting for debt service payments associated with Ramp 6, an annual shortfall only occurred in 2020; the lack . When yearly Since 2015, the City’s public parking system has generated positive net operating income Historical Financial Performance of the Parking System 46 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 449 70 Strategic Focus Areas Key Takeaways and 47 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 450 structural facility -business units, including appropriate budgeting for critical structural repairs and nona clear and sustainable financial and budgetary plan for all requires PEFwayfinding, and aesthetic repairs. The venue control systems equipment, painting, parking access rethat have been deferred in recent years: new Improvements Plan, there are a host of other capital investments into the parking facilities that need to be made Year Capital -ity’s parking ramps. Beyond capital repair expenditures budgeted in the adopted Six Crepairs on the . Additionally, capital expenses are mounting in the form of necessary growing labor, materials, and supplies costswith expenses have generally increased parking operating PEF’s The rates are needed. transientstreet ramp -street meter rates and off-, but minor adjustments to onnear termprojected in the rate changes are leaseNo monthly . included herein operational enhancementsrecommended the performance as it implements economicmonitoring the system's For this reason, the City must continue . futurefinancial position in the PEF’s strain the increasing cost of operations are expected to -and the ever system's capital needsbalance, the PEF Despite the significant existing Policies, Operations, Management, and System Finances future success. forthe backbone becustomer service, planning, and financial stability that will diligence, facility due ,maintenance safety, has established a strong foundation of daily operations,Department The residential permit parking ordinance. the City’s Updated • security firm to increase security presence in ramps and aHiring o ,local business communitythe season as requested by hour free parking in ramps during the 2023 holiday shopping -contingency funds to offer 2 of seU o which has resulted in:, stakeholder communitythe downtown business and and ity leadershipCengagement with Increased • ;point drain logs, HVAC preventative maintenance, and ADA button testinginspections, low tracking, regular cleaning, facility Implemented procedures in ramps for maintenance • ;Improved safety and cleanliness in ramps by obtaining Security Services to monitor ramps overnight • ; Contracted operating services with a new parking contractor (SP+) • und balance;Fnet income and overall positive including ,positionhealthy financial a Maintenance of • include the following:was completed since the 2020 Rate Study and Parking Departmentthe Transit successes of the parking system and parking system and organization. Notable successful parts of the and build upon the most achievementsto celebrate recent essentiallooks to the future, it is Departmentthe As Celebrating Recent Successes and Building Upon a Solid Foundation in Section 7. detailed , which are Walker’s recommendations the basis for as serve this project andfrom The following needs, issues, and opportunities represent the key takeaways work included system and policy review, data analysis, financial modeling, stakeholder engagement, staff This diagnostic section details the key takeaways from the work performed throughout this study. The following Key Takeaways and Strategic Focus Areas 7. 48 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 451 grows.group demand from this user options that better cater to downtown residents are needed as parkingFurthermore, parking. leasely cost alternatives to daily or month-schedules. Some of these employees desire lowerhome -from-office/work-hours and/or on certain days due to work demands and in-off duringmay come parking options for employees who commute to downtown Rochester regularly but leaseThis includes providing parkers. monthly leasefriendly, and flexible options for regular and/or -the need for more diversified, customerSystem review and stakeholder engagement indicate options and rules.parking ity's operations as the enforcement entity and help customers better understandCthe street time limits will streamline -. Simplifying and consolidating onuser confusiongenerate street time limits and rate bands -he current onT the ramps for a comparable period.street than in -parking rate structure in Rochester needs to be recalibrated so that it is more expensive to park onstreet -street and off-he onstreet spaces for higher turnover parking needs. T-street facilities, saving valuable on-premium. Establishing such a pricing regime incentivizes those parking for more than a few hours to park in offshould be priced at a this assetmarket economics suggest sostreet parking is the most convenient, -. Onyfacilitstreet -off an infor the same period street for a few hours should be more expensive than parking -that parking on dictateBest practices diversification to supplement existing revenue streams.explore revenue mustDepartment burdening monthly parkers, the overly without PEFTo continue supporting the future of downtown as a place to live, work, and play. parking revenue depends heavily on commuting demands and the easeMonthly l downtown working environment.and not conducive to an attractive rates are too high leasemonthly perceptions that Feedback from these user groups indicates s. leaseemployees who purchase monthly to make up revenue from other users, mainly from downtown residents and PEFthe . It forcesadditional revenueability to generate Department’s discounts limits theand Offering subsidiestown and event visitors. -of-outlegacy policies, such as discounted parking rates to hotels and weekend and evening parkers, often benefit Other of foregone revenue. amount. over 300,000 “free exits” annually , equating toparking ramps without payingresult in nearly 60 percent of transient parkers using the ramp parking, free evenings, and free weekend parkinghour -free onethat provide subsidized (free) parking at certain times. Analysis indicates that standing policies -long is. A primary reason for this undFthe bolsterparking revenue to leasehistorically relied heavily on monthly has PEFThe future revenue picture is uncertain, as the term investments. -und balance and generate substantial revenue to cover annual operating expenses and necessary longFhealthy enhancements (e.g., painting and signage) that promote customer service and quality. The system must keep a 49 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 452 the transition to a ing meter feeding/time limit violations more easily and consideringenforc toolbox,” such as ity more “tools in the C. This “asset light” approach gives the stations and enforced exclusively with mobile LPRspace pay -plate parking system operated by multi-by-a pay of and consider a transition to evaluate the potentialshould Department , thestreet parking system are warranted. However, over time-immediate changes to the onvisual and mobile LPR for enforcement. No space meters and ParkMobile for payment collection and -singleusing street parking operations include -Current on recognizes. which the Department, a prioritymade now need to be , but theyrepairsor more immediate structural tures fyears, these investments have been deferred in favor of capital expendicustomer experience, positively promotes the parking brand, and helps to generate system revenue. In recent and overall aesthetics and customer experience. Such investment enhances the doors, flooring, wayfinding, aesthetics, customer comfort, convenience, and service. This includes investment into painting, lighting, graphics, ity’s public parking ramps need investment to improve CThe encumbered for upgrades. n budgeted, and funds have been of this writing. PARCS replacement has beeWalker recognizes that this process is underway at the time advanced reservations.options and parkingaccommodate user demand, including flexible commuter f the ramps and offering specific new parking products to management odriven -These include generating robust user and system data to inform datalimits the ability of the parking operator to employ best management practices. Current equipment causes customer service frustrations, wastes staff time, and systems. specificobsolescence. Due to equipment age, updates cannot be made on at or near functional areramps parking ’s ityCthe in sgated parking access and revenue control system Street Ramp, the rd Outside of Ramp 6 and the 3 facilities. ’s systemthe th of the continued healbudget for ongoing repairs, and execute repairs in the years to come for must continue to conduct regular conditions assessments, Department . The CIP allocations do not cover all anticipated costs year-6current the. However, -allocated in the adopted Sixrepairs have been noted, and funds have been Necessaryamong others. Street Ramp and the Center Street Ramp, nd been identified in the 2have repair needscapital majorSeveral Technology and Infrastructure as a whole. ity cof the street parking system, and -of the off prioritiesdirection and is aligned with the street parking and curb space-ensures that the management of on. This Departmentthe with the direction and strategic vision of alignmentin departmentswith other city benefit from deliberate coordination of all curb management activitieswould Transit and Parking Department parking, curb zones, and permitting of curb uses. The street parking payment collection, metered parking enforcement, residential permit -Department. This includes onand the Police ,Department Public Worksthe , the Transit and Parking Departmentdifferent entities within is spread across street parking and curb space management -onCurrent 50 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 453 facing outlets -The established parking brand should permeate all customercommunications and system signage. throughout all digital and print deployedly owever, the parking brand is not consistentH .communicationsbrand and strong foundation for clearand the City of Rochester have a Transit and Parking Department The .harmful and frustratingsystem, which are sometimes fill the gaps with their perceptions and assumptions about the parking ers weekends. Without this information, usfor the first hour or on nights and ity’s parking ramps Cparking offered in the of the free unawarethat they were suggestedparking facilities. Others have which facilities are City of Rochester public park. Some users have indicated that they do not know or recognize canwhere they and street parking rules and regulations -street and off-and uncertain about the onbeing confused report Some users transform itself over the coming years.across all digital and print media, signage, and other outlets, primarily as it works to parking system for the dedicated resources to develop and execute a communications and marketing strategy benefit from Still, it would. other City departmentsleverages communications assistance from currently The This includes communicating system rules and regulations, changes, and successes. successful parking operation.communication is critical to a regularClear, proactive, and . PEFout of the d how funds flow into and parking rates, system parking revenues and expenses, an. Finally, a critical objective is to create transparency about and its essential role, how it functions, why it exists, PEFcustomers to create a shared understanding of the and engaging with and transparent with parking customers and the community include being open should PEFconsistent reporting of de an avenue fordecisions and provi alcertain operation oncommunity feedback to receive the Departmenta structure for eidprov . This will alsooperational decisionsAlliance, etc.) to help promote Downtown Experience Rochester, Rochesterwith key community stakeholders (Task Force, Mayo Clinic, Chamber of Commerce, offering formal platforms for engagement including This includes regular communications with the general public, forward. to move the Departmentare critical for communication with the public and community stakeholders and transparent engagement and Proactive evolving downtown landscape brought on by changes led by the City of Rochester and Mayo Clinic.the it modifies current policies and navigatesas the Department focus areas for essentialThe following are Wayfindingand Communications, Marketing, Stakeholder Engagement, and employee parking areas.of mobile LPR is limited to enforcing residential parking permit areas and unlock the full capabilities of mobile LPR; the current use payment collection, maintenance, and enforcementon the efficiency of staff time spent enhanceprogressive parking rate structure. Making this transition would 51 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 454 system to orient the system with the user in mind.communications, and marketing plan are needed across the entire parking A clear, intuitive, consistent brand, . resources and destinationsnecting customers to regulations, facilitating payment collection, and conrules and provided, reimagining wayfinding, disseminating information on by improving how information is to improve the user experience opportunity Rochester has a clear need and functioning parking system. -barrier to a wellabout where to park, how to pay, and rules and regulations can be a significant Lack of information or clarity clear, recognizable parking brand and message. This item is closely linked with a the public parking system among customers. inbrand recognition, positive perception, and trust should generateRochester public parking brand . The regulations in the name of customer service and compliancepursuit of the Department’s . Messaging should emphasize in the coming years 52 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 455 70 Implementation Action PlanRecommendations and 53 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 456 the City’s public parking ramps over the next ten years.a modest 1 percent annual growth in parking activity in relatively flat. For this reason, these projections assume mobility improvements to keep the number of commuters arriving by vehicle -leverage public transit and microWhile the city, and downtown in particular, are expected to experience significant growth, Rochester intends to have been assumed. sor other rate rates monthly lease changes to on; street transient rates and the simplification of the parking meter rate structures recommended in this plan-of offProjections assume only the realignment . through 2035 balance PEFdepicts the projected unrestricted demand, and other factors.nimble and adjust its plans/rate changes based on actual system performance, unforeseen costs, shifts in remain must Departmenthe t , actual system performance is likely toBecause street ramps.-than it is to park in offterm stays -street in the core of downtown for short-hourly parking rates so that it is more expensive to park oncalibrating -street rate structure and re-including simplifying the on ,operational objectivesthe identified achieve to . Additionally, these rate adjustments are necessary for the Cityund balance above this thresholdFmaintain the street transient rates by 2027 to -er rates and offstreet met-make minor adjustments to on may need toCity analysis indicates that the Walker’s , However remain near or above the City's identified $8 million threshold, term recommendations, the parking system's Fund balance is anticipated to -impacts of implementing the nearnecessary. Based on Walker's assessment of the financial future, but immediate increases do not appear in the be required may; increases parking leasemonthly the cost of completed without an immediate need to increasecan be necessary capital improvements balance ensures PEFtapping into the current As noted in Section 6, Framing the Recommendations: Parking System Financials ).5+ yearsterm (-years), and long 4 -3 term (within -), mediumyears twothe next term (approximately within -Recommendations are separated into near intended to serve as the organizational work plan, guiding operations and strategy.system evaluation, peer review, and stakeholder input. Recommendations are the based on the next five yearsover ochester Transit and Parking DepartmentR section outlines Walker’s recommendations for the The following Recommendations 8. 54 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 457 in upcoming years. )PARCS upgradesfor and approved allocatedhave already been and upgrade current PARCS equipment (funds and improvements (described in Section 5) stated capital repairs $12.1 million in thebalance to make PEF existing unrestrictedthe leverage Department recommended that theIt is , and System FinancesPolicies, Operations, Management vibrancy, and economic development is recommended in the mission statement.of objectives like managing parking efficiently to promote customer service, access and quality of life, downtown The inclusion these goals and how they fit within the new organizational mission. parking division should reassessthe Now that it is independent of the Public Works Department, efficiency and reliability of parking operations. the utilization of parking facilities and improve the division of Public Works. The two goals were to increase while it was a and performance metrics, ,, related tacticsWalker notes that the parking division had two key goals initiatives. programs and implementing for statement should be central to public relations and communications campaigns. This mission departmentsity Cmission statement, and the mission statement should be supported across all ongoing work. Parking policies, duties, and programs should be consistent with the forand serve as a guidepost The mission statement should frame goals and objectives .parking division of the the be adopted for mission statement It is recommended that a Organizationand Personnel (Within the Next 2 Years) Recommendations Term-Near Source: Walker Consultants and City of Rochester, 2024 55 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 458 customer comfort and experience.that can be made to enhance enhancementsdepict examples of graphics and wayfinding in images The revenues from more deliberate system management.increased expenditures due to expense savings accrued from upgraded technology and other efficiencies and/or due to may be able to offset these PEF. The enhance the customer experience and drive system performance. Enhancements include improved lighting, paint, color, graphics, signage, and wayfinding elements that termnear enhancements to the parking ramps and lots in the should finalize a plan for and pursue Department The year Capital Improvements Plan adopted in 2023.-life of both facilities, as committed in the sixuseful Street Ramp and Center Street Ramp to extend the nd complete necessary repairs in the 2should Departmentthe , remedy plana sing the condition and establishingassesAfter customer experience upgrades across public ramps. wayfinding and , equipment upgrades, andprocess of making essential capital repairs thefuture while beginning in the immediate at their current levels hold parking rates and should canthe parking system million means that 17balance of over $ EFpart of this system evaluation. Analysis suggests that the current total unrestricted P findings and conclusions of Walker’s financial analysis completed as essentialthe of this report outlines 5Section 56 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 459$0.50/hour$0.50/houris 8 am - 5 pm)parking enforcement still apply; paid (overnight restrictions No Time Limit $2.00/hour$1.50/hour3 hourEliminate$2.00/hour90 minEliminate$0.75/half hour30 minProposedCurrentMeter Time Limit the recommended locations for placement of the new metered time limits. sbelow indicate frequent and widespread communications.new parking program with grace periods, warnings, and the implementing a “soft launch” of enforcement of ation should be given to. Considerwill be necessary out of the new policy-in conjunction with the roll taff trainings, and ement, managginrClose monito. changes staffing, operations, and enforcement deliberately promoted) andto be deployed in core areas and minute grace periods -0signage changes (e.g., single space meters allowing for 1equipment and Logistically, implementing this recommendation will include. logistics of program transitionity ordinances, and planning the Cformal City Council approval, drafting and adopting the necessary changes to should involve communicating and engaging with stakeholders, garnering this recommendation Implementing Source: Walker Consultants, 2024 street rate schedule and time limits.-below depicts the recommended simplified on street ramps (which is consistent with market economics and best practices).-offto park in term stays (3 hours or less) than -street areas for short-expensive to park in scarce and proximate oncalibrate the system so that it is more -term parking demand downtown, and re-, better manage shortsoperatoras the and SP+ Departmentthe ecommendations strive to simplify the system for customers and These r “Economy Parking.”One potential name is branding and communications. departmental alignment withshould be refined to ensure area metered parking “No Time Limit” The“No Time Limit” area at $0.50 per hour. hour time limit at $2.00 per hour and a -Existing metered parking time limits and rates should be replaced with a 3 pricing mechanisms. of parking spaces while increasing time limits by relying on. Rochester can continue to encourage turnover er than necessary for many parking customersconfusing and shorttime limits are street -on areas. However, Rochester’s street-desirable onterm parking in -undesired longparking in desirable areas. Many cities, including Rochester, use meter pricing and posted time limits to prevent term -A key objective of charging for parking is to incentivize parking behaviors and discourage long. changes, including making any necessary ordinance as recommended herein parking rates and time limitsmetered street -on modifyingpursue should DepartmentThe 57 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 460 58 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 461 $ - $ -After 5 pm/weekends $ 18.00 $ 16.0012 - 24 Hours $ 16.00 $ 14.00> 6 hours (Daily Max) $ 14.00 $ 12.00> 5.5 - 6.0 hours $ 12.00 $ 11.00> 5.0 - 5.5 hours $ 10.00 $ 10.00> 4.5 - 5.0 hours $ 8.00 $ 9.00> 4.0 - 4.5 hours $ 7.00 $ 8.00> 3.5 - 4.0 hours $ 6.00 $ 7.00> 3.0 - 3.5 hours $ 5.00 $ 6.00> 2.5 - 3.0 hours $ 4.00 $ 5.00> 2.0 - 2.5 hours $ 3.00 $ 4.00> 1.5 - 2.0 hours $ 2.00 $ 3.00> 1 - 1.5 hours $ - $ -> 0.5 - 1.0 hours $ - $ -> 0 - 0.5 hoursChargeProposed ChargeCurrent Duration experience.meant to simplify operations and the customer recommended surface lot parking rate schedule, which is The table depicts the existing and as shown in rate structure for public surface parking lots should Department The stairwells and lobbies.foot machines within ramp -on-gated PARCS equipment, remove all cash acceptance in ramps except at select payConsistent with implementing new the ramps in under one hour. and exitwho enter all parkers get the first hour free, not just those ,ote that under this rate structureIt is important to n Source: Walker Consultants, 2024 transient rate schedule. compared to the existingschedule rate he recommended daily/hourly public parking ramp presents t near or medium terms.rates are recommended in the lease PARCS equipment is implemented and is “live.” No changes to monthly ramp Changes should be made after new transition, including equipment and signage changes, staffing, and operations.ity ordinances, and planning the logistics of program Cto required changesapproval, drafting and adopting the should involve communicating and engaging with stakeholders, garnering formal City Council Implementation as recommended herein, including making any necessary ordinance changes. shourly transient parking rateand daily ymodif should DepartmentThe 59 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 462$1.00/hour10 hour ProposedExisting$1.00/hour3 hour$2.50/hour2 hour$2.50/hour2 hourZumbro Market Lot$0.50/hour10 hour$4.00/day (paybox)10 hourPower Plant Lot$0.50/hour10 hour$1.00/hour10 hourGovernment Center South Lot$2.00/hour90 minuteGovernment Center Lot Part 2$1.50/hour30 minuteGovernment Center Lot Part 1$0.50/hour10 hour$0.50/hour10 hourCivic Center South Lot$0.50/hour10 hour$0.50/hour10 hourCivic Center North Lot$1.00/hour90 minuteArmory Lot South Half$1.00/hour10 hourArmory Lot North HalfRateTime LimitRateTime LimitFacility .awareness, recognition, and trustcustomer the parking brand and messaging will create print communications materials. Consistently applyingDepartment parking brand across the entire system, applying it consistently across all signage and digital and Walker recommends leveraging and propagating the existing City and Communications, Marketing, and WayfindingStakeholder Engagement, the plan to finish implementation in year 3. Applicable ordinance changes and signage upgrades will be required.Passenger and Commodity Loading Zones or risk being ticketed. The City should begin this process in year 2 with er than 15 minutes in transportation network companies (“TNCs”), where they are not permitted to idle for long only for a maximum stay not to exceed 15 minutes. The same rules should be applied to cabs and other off activity -up and drop-h appropriate signage that indicates pick“Passenger and Commodity Loading Zones” wit should be eliminated. All loading zones that are not Truck Loading Zones should be branded ) loading zonecab stand, transportation loading zone, truck or passenger zones (gories of passenger and commodity loading cate-existing subchanges are suggested to the current Truck Loading Zones. All Zones” and “Passenger and Commodity Loading Zones.” No categories be consolidated into two categories: “Truck Loading It is recommended that all existing curb loading zones and parking revenue.ly to compensate the City for the loss of metered appropriaterichness and vibrancy to urban spaces and should be monetized parking, street dining, and other uses. These features add street parking spaces in favor of curbside “parklets,” bicycle -Based on demand and need, seek opportunities to repurpose on Source: Walker Consultants, 2024 60 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 463 .changesother system of implementation , cosmetic upgrades to the ramps, and upgrades timed with PARCSThe deployment of communications should be recognition permeate all physical and digital assets.identity and brand ingnsur, eleverage digital and print media marketing and informational videosand , marketing,mapsshould develop updated Department the In addition to bolstering the website, work of City staff as necessary. the supplementshould consider outsourcing certain communications and marketing activities to Department The .websitealso be added to the EV charging information in city parking facilities should .optionsand parking transportation compare their review and to include parking and transit information so individuals can website systemparking existing This includes upgrading and refreshing the achieve desired outcomes over the next five years.to ongoing stakeholder engagement, communications, and marketing plans should finalize DepartmentThe . that are changingcomponents of successful municipal parking systems, especially ones communications and marketing. Transparency, brand recognition, and a clear message are critical departmental financial and staff resources (securing new resources where necessary) for ongoing City leverage existing Department thethat recommends Walker Source: ParkOmaha, 2023 61 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 464 Cars parked o Revenue by rate band o by rate band Tickets o parker behavior Monthly lease o s soldLease o Revenue per space o type leasemonthly Revenue: daily, monthly, annually, by facility, by o by user type occupancyOccupancy and o Street Parking-Off • year-over-Trends year o Citations collected overall, by route, by space/area o by type Citations issued o Expenses by type: hardware, software, enforcement o Expenses per space o xpensesTotal e o stay/turnover-of-Parking length o average, time of day, day of week, zone –ccupancy oParking o Payment compliance o Parked hours per space o Parked hours: overall, by meter, by app vs. coin vs. credit card o Parking sessions: overall, by meter, by app vs. coin vs. credit card o Revenue per transaction o Revenue per space o Revenue: daily, monthly, annually o Street Parking-On • may include the following: the annual reportKey performance metrics for inclusion in enforcement measures. punitivecompliance with parking rules and regulations over should emphasize transparency, customer service, customer options, and a goal of customer It .balance)und F(e.g., financialsoverall and parking system utilization, operations, year, -over-year comparedthat can be performance metrics report should cover news and updates, capital projects, customer and community impact, The and will likely extend beyond the first two years. must be coordinated with other City departmentsupgrades Signage and wayfinding broader downtown wayfinding program.the with should be integrated wayfinding and The parking brandon simplification and enhancing customer understanding and wayfinding. should be placed . Focusconsistent with broader City of Rochester signage and wayfinding plan for upgradesa signs and develop onduct an inventory of existing should c DepartmentThe and EV charging. paid/advanced parking reservations-by the new PARCS) to market and advertise amenities and services like preparty vendors (aided by new integrations offered -and third The Department should leverage the parking operator 62 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 465 one or more parking products evaluate for implementationParking Task Force, and applicable stakeholders to work with the parking operator, the ,After the new gated PARCS is operational permitted vehicle after the first two (2) vehicles for each household.to better align with expenses so the system pays for itself. Consider a graduated fee structure for every feesa process to modify permit As warranted, initiateprogram, including enforcement costs. administer the current and simplification. This plan recommends evaluating the costs to efficiency forwas recently overhauled program permitThe residential parking , and System FinancesPolicies, Operations, Management 4 Years) –(3 Recommendations Term -Medium Colorado Springs, 2022 - .hereis available Colorado Springs report —planning. The entire University of Coloradostakeholders can use for public communication and exemplifies a brief annual parking report that year-over-Trends year o Revenue growth vs. expense growth o utilities, supplies, cleaningmaintenance, repair & Expenses by type: personnel, o overalland Expenses by facility, space, o 63 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 466 match. be increased tohotels pay for overnight guest parkers should future, the rate thein rise. Additionally, as transient parking rates could be phased over three years to allow the hotels time to adjustThe increased rates day parking rate paid by regular transient customers. -overnight guest parking to match the allincrease the rate paid by downtown hotels for DepartmentFor the above reasons, it is recommended that the 2014, when the rate increased from $10 to the current $11.-otels was in 2013hour rate charged to a transient parker. Finally, the last -charge their guests more than the 24 Also, the hotels ity’s ramps, well below the $16 per 24 hours paid by regular transient parkers. Cfor guest parking in the vehicle of $11 per a discounted rate receiveRochester Currently, hotels in downtownimprovements that could be made. stakeholders to evaluate policies and programs related to hotel parking and potential modifications and The Department should continue to engage and South Lots (contemplated for development as part of the Riverfront Small Area Plan). eek opportunities to sell existing surface parking lots, especially the Civic Center North reason, the City should sthis For produces $0.53/per square foot per year, much less than rents produced by any other land use type. Civic Center North Lot produces $1.62/per square foot/ year, and Civic Center South Lot $1,200/space/year. Zumbro Lot generates the highest revenue per space at the (approximately $170/space/year), while revenue per space tPower Plant Lot and Civic Center South generate the leasThe /year. space$450/ earn, on average,paid surface parking lots the City’s Currently, in a more significant shift to online payment.likely result person payment, it will -is added for into pay their citations. If a $3 fee in personthe dangers associated with people showing up the Fund and reducingpositively impacting will inspire more people to pay online, payment person citation-in forAdding a fee person. pay their citations in additional fee be assessed to violators who It is recommended that anonline or in person. pay their fineParkers receiving a citation in Rochester can , and financial reporting. report annual the system's key performance indicators, the system'sData points should be integrated into operational.Begin implementing this plan once the new PARCS equipment is installed and .and financial performanceterm goals of efficiency, customer service, -long to achieve leveragedand PARCS from the newwill be extracted evelop a plan for how data In year 2, work with the parking operator to d validation customers, moving users to digital validation tools.and , staffTransit and Parking Department PARCS equipment to streamline validation processes for the operator, Leverage new agreements with entities that do not currently have formal contracts. validation establish formal Additionally, work to agreements with entities where possible. Strive for current market rates on all validations. . Work to renegotiate existing validation accounts and agreements in collaboration with the parking operatorevaluate all existing ,existing contracts expire and are renegotiated As with potential implementation in year 3. ,Options should be evaluated in year 2. leasemonthly full athan less expensive options seekbenefit those who park downtown sporadically and couldThis option . leasemonthly a ore than the daily average of those with less than the daily rate paid by transient parkers but mwith a daily average rate This option should offer a price point such a program integrated with its SKIDATA PARCS. The City of Minneapolis has . with each usethe PARCS debits load with funds thatstyle parking card that users can -consider a reloadable debit Departmentthe that It is recommended. sleasemonthly parking using and paying for offer flexibility in andoptions) less expensive, more flexible parking (and those seeking commuters that cater to 64 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 467 e made as necessary to maintain the rate changes (and any rate changes) should only b Lease5 years. –next 3 updated parking rate study in the as part of an performedshould be reviewan external and ,regularly evaluationsThe Department should conduct internal . und balanceFdesired minimum need to maintain a the considering on forecasts of annual net operating income and anticipated capital repair and maintenance needs of the system, rates based leasemonthly Evaluate increases to parking ramp -Long street parking system.-entire onplate system across the -by-out of a pay-This system can be used as a “pilot” to evaluate the potential of a full roll plate used as the credential.space meters, with the customer’s license -. All payments would be made via the mobile app or the multifacilitieswith no assigned or numbered spaces in these blendedshould be lease parkersmonthly Transient and .transitionspace meters and pay boxes should be removed from these facilities during this -All existing singlesoftware. citation management system the virtual permit management system, and a with existing mobile LPR, integratedcan be space pay stations-ultiMspace pay stations. -plate system involving customer payment via multi-by-street parking lots not slated for development to a pay-all offTransition Department.and marketing resources for the , including securing ongoing commitment to communications communications, marketing, and customer servicengoing focus on Place deliberate omeetings to communicate changes, reasons for changes, and options. host community and Communicate program details system. changes are made to theperiods when important during This is particularly including promoting turnover, compliance, and customer service. goals and strategic vision of the downtown Rochester parking system, alignment with the to ensure Rochester Police Department leadership overseeing parking enforcementstaff should deliberately engage with DivisionParking . street parking system-onthe contact that the public has with personal direct onlyEnforcement officers are often the terests.partnerships advantageous to downtown business, economic development, and parking inForce will be to learn about and provide feedback on new initiatives and help identify opportunities and and the University of Minnesota Rochester. The purpose of the Task Experience Rochester, community leaders, parking staff. The task force should include key downtown stakeholders, including the Mayo Clinic, business and ity Cstablish a Parking Task Force that meets at least twice yearly with e-Re implementation. especially during the earlier phases of the , parking systemsquarterly meetings should be held to coordinate strategic planning between Mayo and City needs and potentially facilitate interim parking for Mayo employees as Mayo ramps go offline. Additionally, should be held to coordinate operational meetingsMonthly parking or charges rates that dilute the market.that neither entity overbuilds and entities are aligned in the provision and management of parkingthe that ity should seek ongoing collaboration with Mayo Clinic to ensure CThe Stakeholder Engagement, Communications, Marketing, and Wayfinding 65 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 468 s. attractions and activitie serve as an “ambassador” to the community and provide guidance and information about parking and other person presence to -fold. The first is providing communication and information resources. The second is an in-s challenge is twoduring peak times, with parking in ramps, and with using payment systems. Surmounting thi equipment and technology stem from the public’s lack of comfort or familiarity with parking systems, particularly Technical challenges aside, many issues with parking metrics.appropriate) to achieve desired revenue, utilization, land use/urban form, and customer service goals and (i.e., shrinking and expanding paid/managed parking footprint where parking system street -street and off-the onsize -seek opportunities to rightshould Departmentthe further development occurs. Based on the data collected, needs, metrics should be tracked and communicated over time as conditions change and parking supply To assess new parking supply is contemplated.practice operations, and modern technology are recommended as the priorities for implementation before any utilization. Efficient policies, best percent 85at lyefficient can operatestreet parking -on; percent approaching 90street lots and ramps can comfortably operate at utilization levels -policy, and appropriate operations, offWith proper technology, calibrated parking duration.nd initiated parking sessions to understa duringenter vehicle license plates street parking -parking rates can escalate at set intervals beyond posted time limits. Progressively priced onstreet metered parking, where hourly metered -consider moving to a progressively priced rate structure for onity to Callow the ouldplate system w-by-Such a paystreet rates, policies, and parking behaviors. -calibrate on. Among other benefits, this would simplify enforcement procedures and better equipment replacement costs, etcfor staff time, benefit evaluation /should include a total cost . Analysispermitting and enforcement practices)ity’s current residential permit parking Cintegrate with the could(mobile LPR enforcement enforcement and LPRplate parking, -by-space meters, pay-multi usingstreet parking system -of transitioning to an onand user readiness Explore the merits charged during these periods.; rparking in the ramps after 5:00 p.m. and on weekends Eliminating free • hours on designated event days, even if these fall during the evenings and weekends.parking opportunities, including charging flat event rates for all transient parkers during select Event • utilized facilities.-higher than the lessbased transient parking rates in the public ramps so that the most popular ramps are priced -Demand • the following revenue streams which are currently unrealized:and feasibility of implementing one or more of community readiness, rate study, the needs, merits, followingthe evaluate, at the time of Department the it is recommended thatterm, -recommended for the medium sreformthe validation and hotel parking addition to In street meter rates.-be examined in conjunction with their relationship to transient and onrates should leasemonthly und balance while fully funding the operation's needs. Changes to Fdesired minimum 66 2024 lyJu Evaluation and Rate StudyParking System City of Rochester, Minnesota 469 includes all recommendations summarized in an Implementation Action Plan. sustaining entity. -while contributing to downtown economic development and promoting the PEF's ongoing operation as a selfidentified strategies strive to improve customer service, efficiency, and access in downtown Rochester -The above Recommendation Summary process and create a safe and positive customer parking and visiting experience. events. The goal is to speed up the parking payment andstreet kiosks during peak periods -ramps, and near the onsite staff at surface lots, in the -should consider a parking ambassador program and place on The Department Provide a presence to deter criminal or other inappropriate activity. • ; andIdentify and relay pertinent information on public area conditions needing action • ;istribute city brochures and maps related to parkingD • ;information and explain local traffic and parking regulations to seek voluntary compliance Provide • ;accurate directions to visitors and direct visitors to destinations Give • ;friendly face in response to many people’s initial interaction with the city Be a • Help direct or walk people back to their parked vehicles. • ;reet visitors and offer customer serviceG • purposes. Typical responsibilities of ambassadors include:focused, and dynamic downtown experience. Ambassadors can also serve parking enforcement -customerAn ambassador approach to parking management and enforcement can help promote a safe, progressive, 67 2024 lyJu Evaluation and Rate StudyParking System City?of?Rochester?Parking?Evaluation?and?Rate?Study 68(This page is formatted to print landscape 11x17)470 and?WayfindingStakeholder?Engagement,?Communications,?Marketing,?esPolicies,?Operations,?Man agement,?and?System?Financ Recommendation Personnel?and?Organization 2024Figure?36 28Overhaul?Surface?Parking?Lot?Operations27Emphasize?Ongoing?Communications?and?Marketinglign?Strategic?Enforcement? Direction26Collaborate?with?Rochester?Police?Department?to?A25Re-Establish?Parking?Task?Force24Coordinate?and?Engage?with?Key?StakeholdersReport?Publish?the?First?Annual?Parking?Enterprise?Develop?a? Template?for?Ongoing?Annual?Reporting?and23ades22Develop?Sign?Inventory?and?Pursue?a?Plan?for?UpgrResources21Evaluate?and?Deploy?Communications?and?Marketing?20Consistently?Apply?Current?Parking?Bran d19Explore?Downtown?Parking?Ambassador?Programnagement?and?Operations18Monitor?Parking?Needs?and?Prioritize?Efficient?Man-Street?Parking?Enforced?with?Mobile?LPR17Evaluate?and?Consider?Migration?to?P ay-By-Plate?OStreams16Explore?Other?Untapped?and?Underutilized?Revenue?15Monitor?and?Adjust?Off-Street?Ramp?Lease?Ratesp?Transient?Rates14Increase?Hotel?Parking?Rates?to?Match?Regular?Ram13Right-Size ?Surface?Parking?Lot?Inventory?12Encourage?More?Online?Payment?of?Parking?Tickets:11Emphasize?Data-Driven?Management10Pursue?Validation?Program?Reform9Consider?Flex?Parking?Optionsstration?Expenses8E valuate?Residential?Parking?Permit?Program?Adminines7Modify?Approach?to?Curb?Space?and?Curb?Loading??Zoule6Modify?Surface?Lot?Hourly/Daily?Parking?Rate?Schedat?Select?Locations5Migrate?Away?from?Cash ?Acceptance?in?Ramps?Except?ing?Rate?Schedule4Implement?New?Ramp?Daily?and?Hourly?Transient?Parkates3Modify?On-Street?Metered?Parking?Time?Limits?and?RInvestmentsle?Making?Necessary?System?Capital?Ho ld?Current?Monthly?Lease?Parking?Rates?Steady?Whi21Develop?an?Enterprise?Mission?Statement(5+?Years)Long-Term?Considerations?(3?-?4?Years)Medium-Tem?Recommendations?(Within?the?Next?2?Years)Near-Tem? Recommendations Implementation?Action?Plan Parking System Evaluation 471 August 19, 2024& Rate Study 201 4 472 Purposefrom the report this evening.No Council action to be taken on any specific items 2.Evaluation and Rate Study Report.City Council’s receipt of the Parking System 1.WWW.ROCHESTERMN.GOV 55904STREET SE, ROCHESTER, MN TH 3 473 April 15, 2024 Study SessionImplementation Action Plan▪Recommendations▪Key Takeaways and Strategic Focus Areas▪Parking Enterprise Fund Finances▪Peer Comparisons▪Stakeholder Engagement ▪Current Conditions▪ Study Session Key Takeaways 474 4 term.-term and long-mediumterm, -Study recommends action items for the near▪Revenues.outpaceOperating Expenses projected to ▪from the Parking Enterprise Fund.$12.1 millionFive significant capital projects will utilize approximately ▪improvements and technology upgrades.capital Healthy Parking Fund balance for ▪in the parking ramps.freeOn average, approximately 45% of parkers park for ▪ $17.20M 475 L FALL BELOW THE MINIMUM DESIRED FUND BALANCE2035 SIX OF THE TEN YEARS WIL-UNDER THE CURRENT SYSTEM FROM 2025Fund BalanceMinimum Desired 5 Projected Performance of the Parking SystemFinancial Health: after Operating Revenue and Expenses, Debt Service, and Capital ExpensesProjected Parking Fund Balance 2035203420332032203120302029202820272026202520242023$20.00M$18.00M$16.0 0M$14.00M$12.00M$10.00M$8.00M$6.00M$4.00M$2.00M$0.00M$6.04M$6.89M$7.50M$7.89M$8.14M$8.25M$8.24M$8.11M$7.64M$7.64M$8.35M$14.89M Implementation Action Plan 476~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Annual reporting.▪Stakeholder engagement strategy.▪Website and communications.▪Wayfinding and signage.▪Consistent deployment of brand.▪Develop a Mission Statement▪ Near 477 Policy, Operations & Management Approach to curb loading zones.▪Surface parking lot rate schedule.▪Parking ramp rate schedule.▪street parking (meters) rates and time limits.-On▪term Recommended Updates- Simplify time limits and rates 478 street Parking-OnRate Recommendations: Policy, Operations & Management$0.50/hour$0.50/houris 8 am - 5 pm)parking enforcement still apply; paid (overnight restrictions No Time Limit $2.00/hour$1.50/hour3 hourEliminate$2.00/hour90 minEliminate$0.75/half hour30 minProposedCurrentMeter Time Limit No time limit for meters in periphery of downtown.•hour meters in downtown core.-3• ▪479 Parking RampsRate Recommendations: $ - $ -After 5 pm/weekends $ 18.00 $ 16.0012 - 24 Hours $ 16.00 $ 14.00> 6 hours (Daily Max) $ 14.00 $ 12.00> 5.5 - 6.0 hours $ 12.00 $ 11.00> 5.0 - 5.5 hours $ 10.00 $ 10.00> 4.5 - 5.0 hours $ 8.00 $ 9.00> 4.0 - 4.5 hours $ 7.00 $ 8.00> 3.5 - 4.0 hours $ 6.00 $ 7.00> 3.0 - 3.5 hours $ 5.00 $ 6.00> 2.5 - 3.0 hours $ 4.00 $ 5.00> 2.0 - 2.5 hours $ 3.00 $ 4.00> 1.5 - 2.0 hours $ 2.00 $ 3.00> 1 - 1.5 hours $ - $ -> 0.5 - 1.0 hours $ - $ -> 0 - 0.5 hoursChargeProposed ChargeCurrent Duration permit rates.contract parking or residential No changes to monthly ▪hours.street for the first 3 -onthan less expensive Ramps are Simplify time limits and rates 480 Surface LotRate Recommendations: Policy, Operations & Management$1.00/hour10 hour ProposedExisting$1.00/hour3 hour$2.50/hour2 hour$2.50/hour2 hourZumbro Market Lot$0.50/hour10 hour$4.00/day (paybox)10 hourPower Plant Lot$0.50/hour10 hour$1.00/hour10 hourGovernment Center South Lot$2.00/hour90 minuteGovernment Center Lot Part 2$1.50/hour30 minuteGovernment Center Lot Part 1$0.50/hour10 hour$0.50/hour10 hourCivic Center South Lot$0.50/hour10 hour$0.50/hour10 hourCivic Center North Lot$1.00/hour90 minuteArmory Lot South Half$1.00/hour10 hourArmory Lot North HalfRateTime LimitRateTime LimitFacility Approach to Curb Loading Zones 481 Policy, Operations & Management commodities, etc. Allow for effective and efficient loading of passengers, ▪Optimize utilization of curb space.▪Develop a policy for curb management.▪Goals for loading zones and curb management: Center Street and Broadway Ave).St., nd Ave., 2 st restrictions. Most in the downtown core (1Approximately 270 parking spaces are regulated for special ▪482 Next StepsInitiate Implementation Action Plan.▪Schedule.Rate Recommendations will be included in the 2025 Fee Thank You 483 M 484 snoitadnemmocer?ecroF?ksaT?ycneiliseR?dna?ytilibaniatsuS?-?noisseS?ydutS?:1202?,12?enuJ)31(?sgniteem?ecroF?ksaT?ycneiliseR?dna?ytilibaniatsuS?-?1202?,12?lirpA?:0202?,51?lirpA:tnemegagnE?ytinumm oC?&?snoitcA?evitalsigeL?roirP.nalP?noitcA)IED(?noisulcnI?dna?,ytiuqE?,ytisreviD?s'ytiC?eht?htiw?sngila?nalP?eht?serusne?enil?mottob?elpirt?eht?nosucof?s'nalP?ehT?.slaog?nalP?evisneherpmoC?s'ytiC?eht ?dna?seitiroirp?cigetarts?s'licnuoC?eht?htiw?dengilaera?seigetarts?dna?)htlaeH?latnemnorivnE?,noitatropsnarT?elbisseccA?,ymonocE?tneiliseR?,sdoohrobhgieNtnarbiV?,htlaeH?rof?ytiC?,ycneiliseR?egnahC?et amilC(?saera?sucof?xis?s'nalP?kroW?eht?fo?hcaE:tcapmI?IED?&?snoitaredisnoC?yciloP pihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroirP.ssecorp?tegdub?s’ytiC?eht?hguorhtdezitiroirp?dna?noita redisnoc?rof?dettimbus?eb?lliw?sevitaitini?detaler-ytiC?erutuf?rof?gnidnuf?yna?dna?,nalPeht?ni?deniltuo?scitcat?eusrup?ot?licnuoC?eht?etagilbo?ton?seod?tnemucod?gnidiug?a?sa?nalP?eht?gnitpeccA?.snoit adnemmocer?del-ytinummoceht?htiw?dengila?niamer?dna?scitcat?eht?fo?tnetni?lanigiro?eht?retla?ton?od?setadpu?ehT?.kcabdeef?licnuoCetaroprocni?dna?,noitamrofni?detadtuo?yfiralc?,stegrat?noitcuder?noiss ime?sag?esuohneerg?detpoda?tcelfer,seicilop?laredef?dna?etats?wen?htiw?ylpmoc?ot?detadpu?neeb?sah?nalP?eht?,weiver?ffats?4202?a?gniwolloF?.tnemerusaem?ecnamrofrep?gnitcerid?dna?,ytinummoc?eht?rof?pam daor?a?gnidivorp?,snoitacilppagnidnuf?dna?tnarg?gnitroppus?,snoisiced?tegdub?dna?ycilop?gnidiug?rof?loot?a?sa?devres?sah?nalPeht?,noitelpmoc?sti?ecniS?.seitiroirp?cigetarts?s’licnuoC?dna?nalP?evisneh erpmoC?s'ytiC?eht?otni?detargetniseigetarts?seniltuo?hcihw?,)PWCRS(?nalP?kroW?noissimmoC?ycneiliseR?&?ytilibaniatsuS?eht?ni?detanimluckrow?riehT?.ytic?tneiliser?dna?elbatiuqe?erom?a?rof?scitcat?dna?s eigetarts?poleved?ot?srebmem?ytinummocesrevid?gnivlovni?,dehsilbatse?saw?ecroF?ksaT?ycneiliseR?dna?ytilibaniatsuS?eht?,9102?nI?.seitiC?rof)DEEL(?ngiseD?latnemnorivnE?dna?ygrenE?ni?pihsredaeL?dloG?tsr if?s'atosenniM?dna?,seitilapicinuM?tramSetamilC?,margorp?seitiC?petSneerG?eht?sa?hcus?sevitaitini?ytilibaniatsus?deusrup?sah?ytiC?eht?,7002?ecniS:evitarraN?tropeR.tnemucodgnidiug?retsehcoR?fo?ytiC?a? sa?nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS?eht?gnitpeccA:detseuqeR?noitcA???2.HnalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS NOITCA?ROF?TSEUQER resuahnietS?ydniC:RETNESERPsnoitadnemmoce R?dna?stropeR:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE A 485 gniteeM?licnuoC?ytiC?,4202,91?tsuguA?rof?detadpU?dna?desiveR?-?nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS?-?tibihxEnalP?kroW?ytinummoC?ycneiliseR?&?ytilibaniatsuS?-?noitatneserP?noisseS? ydutS?licnuoC?,4202?,22?yluJ:stnemhcattA dlozteB?alyaK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorptegdub?s’ytiC?eht?hguorht?dettimbus?eb?lliw?sevitaiti ni?detaler-ytiC?erutuf?rof?gnidnuf?yna?dna?nalPeht?ni?deniltuo?scitcat?eusrup?ot?licnuoC?eht?etagilbo?ton?seod?tnemucod?gnidiug?a?sa?nalP?eht?gnitpeccA:tcapmI?ecruoseR?&?lacsiF nalP?kroW?ytinummoC?yc neiliseR?dna?ytilibaniatsuS?-?noisseS?ydutS?licnuoC?:4202?,22?yluJadnega?tnesnocno?noitpoda?nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS?-?gniteeM?licnuoC?:4202?,71?enuJgnidaerdnoces?,detpoda?ec nanidrO?noissimmoC?ycneiliseR?dna?ytilibaniatsuS?-?gniteeM?licnuoC?:3202?,1?yaMgnidaer?tsrif?,ecnanidrO?noissimmoC?ycneiliseR?dna?ytilibaniatsuS?-?gniteeM?licnuoC?:3202?,3?lirpAdezirohtua?egaugnalecn anidro?desoporp?noissimmoC?ycneiliseR?dna?ytilibaniatsuS?-?gniteeM?licnuoC?:3202?,6?hcraMslaoGnoitcudeR?snoissimE?saG?esuohneerG?ytiC?detadpu?detpodA?-?gniteeM?licnuoC?:2202?,7?rebmetpeSdezirohtua?ec nanidro?tfard?noissimmoC?ycneiliseR?dna?ytilibaniatsuS?-?noisseS?ydutS?:2202?,52?yluJslaoG?dednemmoceR?dna?,seigetartSdezitiroirP?,sisylanA?tcapmI?noitcudeR?snoissimE?saG?esuohneerG?-?noisseS?ydutS?: 2202?,81?lirp Sustainability & Resiliency 486 July 22, 2024Study Session UpdateCommunity Work Plan November 2019 4872 Background Guides performance measurement •Roadmap for community •resources Supporting documentation for the pursuit of additional •Guiding tool for policy & budget requests • –July 2021 to Present Council Presentation of Community Plan to City –June 2021 and resiliencyevelops recommendations that enhance sustainability D •PrioritiesIs in alignment with City Council goals and Strategic •Includes robust community engagement process •representation Represents diverse and inclusive community •Sustainability Plan that:Community Resiliency Task Force to Develop a City Council support of a Sustainability & – 3488 Background 48944 Task Force Recruitment & Focus 4905 EnvironmentTriple Bottom line to sustainability: Economic, Equity & •15 years –sustainability and resiliency over the next 10 for the City and the community to address documentguiding year process to develop a plan that serves as a -Two•Focus:Over 40 accepted invitation•up interviews-Mayoral Letter of invitation and follow•community identifiedsection of the -and organizations representing a crossStakeholder mapping analysis: Over 100 individuals, agencies, •Recruitment: 6 4916• Transition Rochester, Community Activist• Childcare Providers• Historic Southwest Neighborhood Association•Mayor’s Youth Council• Rochester Energy Commission• United Way of Olmsted County profit Consortium-• Non• Intercultural Mutual Assistance Association• Family Service Rochester• Conservation Minnesota• Olmsted County Vidhyalaya• Rochester • Mayo Clinic• CRW Architecture & Design Group Construction & General Contracting–• Remodeling D.L., LLC Diverse Groups represented:MEMBERSHIPTASK FORCE slide Diverse Groups represented:4927 MEMBERSHIPTASK FORCE Construction Benikewith mobility challengesDigi Doodle Design Owner, Connection to communities op-People’s Food Co Latinx CommunityCambodian CommunityThe Village, University of Minnesota Rochester, RNeighborsMinnesota Department of TransportationRochester Downtown AllianceCitizens Advisory on TransitPedestrian and Bicycle Advisory CommitteeRochester Area BuildersWinona State University RochesterRochester Public UtilitiesUniversity of Minnesota Rochester 8 4938•Rochester Public Schools• Hmong Community• LIFE Program• Intercultural Mutual Assistance Association•City of Rochester Green Team Assisi–• Sisters of St. Francis• Diversity Council• MN Youth Climate Strike, Rochester Olmsted Youth Council• Rochester Area Economic Development Inc.• Sierra Club• Destination Medical Center Intercultural Mutual Assistance Association, Somali Community• Diverse Groups represented:MEMBERSHIPTASK FORCE slide 9494 10 11 12 What We Heard 49813 14 Alignment with Comprehensive Plan 50015 Includes triple bottom line approach•existing neighborhoodsAdvocates for enhancement of •housing typesEncourages expanded range of •and development• Tactics Timeline: 50116 15 years-term is 11-10 years, Long-term is 6-5 years, Mid-term is 3-Short 1717 2024 -Reflects Plan progress from 2021 Plan Updates 50318 led effort-original intent of community Updates do not alter the original intent of the tactics and remain in alignment with the Task Force’s support energy reductions in underfunded households or poorly weatherized housing. incentive programs or other funding opportunities to utility designreEvaluate options to Conflicts with RPU's regulatory policies•Update Rapid Transit Circulator to LINK Bus Rapid Transit•Reference to the Rochester benchmarking program•Update Energy Commission to Sustainability & Resiliency Commission and clarify advisory role•Impacts 4 of the 103 Tactics –Outdated or Conflicting Items Updated greenhouse gas emission reduction targets (adopted in 2022)Compliance with new State & Federal Regulations Staff Level review of the Plan resulted in recommending updates to address: Successes 50419 Leadership in Energy and Environmental Design (LEED) for Cities•Cities GreenStep•Partner Award (2021) –University of Minnesota Climate Adaptation Partnership •Awards & Recognitions:Surface Water Management Plan•Active Transportation Plan•Informs City Plans:Congressionally Directed Spending for Thermal Energy Network•(2023, 2024)Statewide Health Improvement Partnership (SHIP) grant from Olmsted County for bike racks •Department of Energy's Energy Efficiency and Conservation Block Grant.•State of Minnesota bonding requests for park n' ride construction and trail connections•U.S. Forest Service's Urban and Community Forestry Grant•Community ResilienceMinnesota Pollution Control Agency's Planning Grants for Stormwater, Wastewater, and •Grant Funding Support: City Council Strategic Priorities & 2025 Focus Areas 505 Air Quality Monitoring program –Environmental Heath •Quality Services partnership with RPUCommercial Building Benchmark Program rollout in •Economic Vibrancy & Growth Management Home Rehabilitation ProgramIncentives for energy efficiency and electrification in the •efficiency and electrification educationResidential, contractor, and homebuilder energy •Energy Efficiency and Conservation Block Grant•Affordable Living 20 21 guiding document The City Council’s consideration of the plan as a –Next Steps Guides performance measurement•Roadmap for community •Supporting documentation for the pursuit of additional resources •Guiding tool for policy & budget requests•The Sustainability Plan is:Summary and Next Steps Thank you!507 508 509 1 510 2 511 3 512 4 513 56 .................................................................................................................................... Appendix B 56 ............................................ .......................................... Location of Additional Resources V. 54 ............................................................ Summary of Workshops and Planning Process 53 .............................................................................................................Additional Resources 53 ............................................................. ............................................. Vibrant Neighborhoods 53 ........................................................................................................................Transpor tation 53 ................................................................................................................. Resilient Economy 53 ...................................................... .................................................................. City for Health 52 ................................................................................................ Climate Change Resiliency 52 .................................................................... Relevant Plans, Priorities, and Resources III. 52 .................................................. ..................... Rochester City Council and Administration 50 .................................................................................................... Task Force Membership I. 50 .................................................................................................................................... Appendix A 49 ............................................. ................................... Sustainability and Resiliency Task Force ………………………………………………..…………….………………46 Environmental Health ………………………...……………………………...………………41 Accessible Transportation …………………………………………………………………………….……36 Resilient Economy ……………………………………………………………..…….……….31 Vibrant Neighborhoods .…………………………………………………………………….………….……..26 City for Health …………………………………………………..………….……… 20 Climate Change Resiliency ……………………………..……………………………………..19 How to Read This Document Focus Areas and Strategies 17 .......................... ..................................................................................... Collective Outcomes 16 ................................................................Relation to Existing Goals: Globally and Locally 16 ............................................ The Case for a Community Sustainability and Resiliency Plan 14 ............................................... ................................................Rochester Today: Baseline Data 13 .................................................................................................Climate Change and Inequity 11 ..................................................................... Climate Change Impacts on the Environment 10 ............................................The Need for a Community Sustainability and Resiliency Plan 10 ................................................................................................................. A Living Document 8 ..................................................................................... Sustainability & Resiliency Task Force Table of Contents 5 514 This plan was updated from its original version in July 2024. 74 ..................................................................................... Resources on Equitable Planning I. 74 .................................................................................................................................... Appendix C 71 ............................................................................................. Community Survey Responses 70 ....................................................................... ...................... Community Listening Sessions 69 .................................................................................................Community Listening Data 56 .................. ................................................... Equitable Engagement Community Process I. 6 515 ” “ Rochester Energy Commission Chair , Dave Reichert looking pathways for our city to follow into the future.-produced forwardwith individuals and groups in Rochester. Both efforts vetted initial conclusionscity, reviewed issues and recommendations from other organizations and then from a broader set of our community, studied the issues which pertain to our The larger Sustainability and Resiliency Task Force actively requested input the work of a whole community to make a place we all want to live.to put it into action. This plan will not be successful, however, unless we do it together. It takes ear of hard work, it is time Minnesota’s leader in sustainable growth and development. After a y residents of this city have the knowledge, work ethic, and perspective to turn Rochester into I placed the responsibility of creating this plan into the hands of community members, knowing are proud to live.greenhouse gas emissions reduction to ensure Rochester is a place where our grandchildren city’s adopted goals for becoming a more sustainable, livable city. It will help achieve thebetter. This plan, created by the community it is designed to serve, will guide Rochester toward assets that make Rochester a great place to live, work, and play, but I know that we can do As mayor, I am proud of the economic, environmental, and social when all these principles are met. sustainability, these strategies underscore that a city is only thriving fiscal responsibility, and social equity as core components of tewardship, development strategies. By emphasizing environmental sa community are changing as cities adopt sustainable growth and relationships between governments, the environment, and members of All around us, communities are rethinking the way cities function. The A Message from the Mayor A Call to Action 7 516 ” “ Spirituality Center Assisi Heights Sister Marlys Jax ecological conversion.personal and communal experiencing. It asks of us we are currently crisis and social crisis that between environmental connection that exists the fundamental This task force underlines information can be found in Appendix B. the community. A more extensive breakdown of this housing are some of the most pressing needs within inclusion, more community events, and affordable mmunity during our listening sessions. Equity and coillustrates the extensive feedback received from the Mutual Assistance Association. Figure 1, below, translated into several languages by Intercultural using surveys created by the task force, which were 173 members of the community provided feedback more sustainable city. In addition to these sessionexperience and propose actions to make Rochester a the community the opportunity to discuss their lived Rochester area. These sessions gave members of engaged with over 40 community groups in the ns that force organized 37 community listening sessiointo the process. During the summer of 2020, the task leadership was a deliberate choice to integrate equity every step of the way. Furthermore, this community The creation of this plan was led by the community A Community Process infrastructure improvements, and tactics that make up this plan.policies, strategies, together.” Using this vision statement, the task force created the inclusive community where people, economy, and environment are supported and thrive Resiliency Task Force created a statement that envisions Rochester to be “an equitable, ustainability and organizations of Rochester. Through collaboration and discussion, the Svision statement and set goals to define sustainability to the residents, businesses, and The primary responsibilities of the Sustainability and Resiliency Task Force were to develop a Appendix A. can be found in task force members ethnic and age groups. A full list of residents from Rochester’s diverse involved in higher education, and local business owners, people government agency employees, force consisted of nonprofit leaders, tspoken or influential. The task ouperspectives, not only the most force that represented all care was taken to establish a task entire Rochester community, great this plan meets the needs of the Resiliency Task Force. To ensure created the Sustainability and Beginning in 2019, the Mayor Sustainability & Resiliency Task Force 8 517 the outcome of this plan is what our community intended.e of the process and make sure These accountability tactics will maintain equity in this next stagthe plan honors its goals and vision statement, and results in a more equitable community. The task force has devised a set of accountability tactics to make certain that implementation of from a broad range of community stakeholders, this plan will not become reality. community and among the government, nonprofits, and the private sector. Without engagement action, it will require collaboration across the implementation. As we put this plan intoteam also worked with City departments to integrate their input and ideas into the plan and its facilitate the community engagement process to inform the planning efforts. The core project task force members, and to has primarily been to support the community, specifically the creation of it. Work done by the project team, which includes City staff and external consultants, Our community will be as involved in the implementation of the plan as they have been with the to provide input. eedback had been included in the plan and were given additional opportunities shown how their fup sessions, these groups were -groups from the initial listening sessions. During these followstrategies, City staff and task force members met again to review the plan with community e community. Near the completion of these tactics and tactics based on the needs stated by thcompletion of the public outreach phase, task force members created achievable strategies and the community focused on issues of equity, which is a central focus of this plan. After the lan. Much of the feedback from gaps that were missing to begin organizing the content of this psessions. At the conclusion of the sessions, the task force highlighted key themes and identified The content of this plan is a direct result of the feedback provided from community listening individuals who stated that specific need.number within each slice of the chart represents the number of Figure 1: This chart shows needs identified by community listening session participants and survey respondents. The Community Needs: Survey Results 9 518 NOAA, 2017)concerning trends will continue if greenhouse gas emissions are not reduced. (Source: precipitation increase. These the United States has seen precipitation trend downward during this time, while areas in the Midwest have seen Figure 2:This image shows changes in precipitation from 1982 to 2016 during the month of July. The western half of transition to wetter precipitation patterns in southeastern Minnesota over the past 34 years.te change. There is a clear demonstrate the changes already happening because of climahurricanes and wildfires. Figure 2 shows shifts in rainfall during the month of July to prevalence of severe drought, flooding, heat waves, and extreme weather events such as table and increase the temperature change of this magnitude would make weather less predicglobal temperature from rising to 1.5°C above preindustrial levels (Allen et al., 2018). A If greenhouse gases continue to be released at the current rate, it will be impossible to prevent climate change as it becomes an increasingly large threat to people around the world. Rochester must address connectedness, and ability to overcome challenges. Cities such as Rochester’s emission of greenhouse gases in a manner that increases our community’s equity, fewer resources to cope with it. This plan is essential to confront these issues by reducing ving at particularly high risk from climate change as they are more exposed to its effects while hahardship, extreme weather events, and changes to our ecosystem. Vulnerable populations are warming gases puts our community at a greater risk for economic -planet Our city’s release of The Need for a Community Sustainability and Resiliency Plan accordingly. strategies and tactics not yet completed. The feedback will then be used to update the plan members can provide feedback on work that has been done and to assess the relevance of s, community 12 months. During these session–this plan have asked to be updated every 6an annual basis to assess its relevance. Community members engaged during the creation of To address the needs of a dynamic and changing community, this document will be reviewed on A Living Document 10 519 USGCRP, 2014)culturally and economically significant species such as birch and aspen will become far less common. (Source: changes in forest composition under high and low emission scenarios. Under both scenarios, Midcentury: 3 Figure change brings some risk along with it. realizing significant damage due to the emerald ash borer infestation, so the impact of this h, and cottonwood. As mentioned above, ash trees are currently concentrations of elm, asdominated forest to one with higher -and hickory -demonstrate a change from an oakend of the century (USGCRP, 2018). Within southeast Minnesota, the emissions scenarios and the value of timber in the Midwest by $788 billion by the habitat will reduce ecological health recreational opportunities. If the current rate of greenhouse gas emissions continue, shifts in and provide essential services such as flood control, water filtration, crop pollination, and y struggle to remain stable resiliency of ecosystems. When ecosystems lose biodiversity, thebiodiversity. Loss of biodiversity on a large scale has profoundly negative impacts on the current emissions maintained. Under both scenarios, there is a clear overall reduction in nario with midcentury under a scenario with reduced greenhouse gas emissions and a sce biodiversity to decrease. Figure 3 shows how the Midwest’s forest composition will change by Rapid changes in climate will cause habitat ranges to shift, species to go extinct, and occurred 10 times faster than any point during the last 800,000 years (Allen et al., 2018). temperature changes over the past century have happening far too fast for them to react. Global Although species have proven they can adapt to changes in climate, the current shifts are temperature, precipitation, and expansion of invasive insects such as the emerald ash borer. will cause increases in Rochester’s ecological systems. If climate change goes unaddressed, it impacts of climate change will result in substantial reductions in the health and quality of Combined with existing stressors such as habitat loss, pollution, and invasive species, the Climate Change Impacts on the Environment 11 520 ignore climate change. 2018). When considering these trends, it becomes increasingly clear that it is too expensive to on issue (USGCRP, approximately $400 million by 2050 as flooding becomes a more commexample, the annual cost of maintaining bridges throughout the Midwest is expected to reach As a result of this trend, more money will be spent to address the aftermath of these events. For frequency and severity of climate events in Minnesota will rise. imate change become more significant, the billion or more since 1980. As the effects of clmost prone to climate disasters, Minnesota has had a total of 32 natural disasters costing $1 Figure 5 shows the current frequency of natural disasters in each state. While coastal states are isaster relief. agriculture, while the increase in severe weather will require more expensive dtemperatures and the decline in pollinator species is expected to have significant impacts on The economic impacts of climate change will be felt throughout the Midwest. Rising (Source: NOAA, 2021)the type and number of events for each year. The black line shows the cost of relief averaged over five years. graph shows the increasing frequency and severity of natural disasters. The colored bars demonstrate Figure 4:This disasters since 1980. related -eatest number of and most expensive weather2018) have had the gr–the chart (2011and cost of natural disasters on a national scale. The most recent seven years represented on Rochester’s economy and the safety of its residents. Figure 4 shows the increasing frequency nificantly impact the health of disasters, as well as changes in tourism and agriculture, could sig risks to both Rochester’s economy and its people. Shifts in the frequency and severity of natural The economic effects of climate change go far beyond forest value. Changes in climate pose Climate Change Impacts on the Economy 12 521 communities within our region, especially in comparison to surrounding counties.County can expect more extreme heat in the future and has a high proportion of vulnerable ceptible to negative impacts from extreme heat. The maps below show that Olmsted more susheat in Minnesota. Because of physical health or financial limitations, vulnerable populations are conditions have on people’s, and in particular vulnerable communities’, vulnerability to extreme mpounding effect different socioeconomic and health 2018). Figure 6 demonstrates the cofrom severe weather, and to have fewer resources to adapt to changing conditions (USGCRP, such as these are more likely to live in areas with flood risk, to be less capable of rebounding ts of climate change. Populations and people of color are at a greater risk of harm from the effecequally. Vulnerable populations such as older adults, young children, people living in poverty, The economic and health impacts of climate change are felt by all people, but they are not felt Climate Change and Inequity dollar disasters by type. (Source: NOAA, 2021) -The box at the bottom tracks Minnesota’s billion This map shows the number of disasters costing $1 billion or more in every state between 1980 and 2018. Figure 5: rise at an alarming rate if climate change goes unaddressed (Huttner, 2021). ers will continue to most expensive states for homeowner insurance. This burden on homeownextreme weather has caused insurance rates to rise by 360%. Minnesota is now one of the rates remained relatively stable in Minnesota. Since then, however, the increased frequency of nce homeowner insurance rates. During the decades leading up to 1998, homeowner insurafrequency of natural disasters and extreme weather events has a significant impact on The economic cost of climate change is a burden felt by all Minnesotans. The increasing 13 522 waste, and energy emissions through 2020. is more work to do. The chart below shows progress to date on the city’s combined travel, To date, the City of Rochester has made some progress toward meeting these targets, but there across three categories: power generation, transportation, and buildings.ources carbon energy s-strategies to decrease energy demand and accelerate the use of lowadoption, and carbon intensity reductions. The EAP includes recommended actions and These goals will be achieved through a combination of energy efficiency, renewable energy 100% by 2050 o 50% by 2030 o Greenhouse gas emissions reductions of: • 1.5% annual retail energy savings • timeline:and the City committed to reducing Rochester’s emissions by these amounts on the following Within this document, the community and to align with global efforts to address climate change. based targets -These goals were updated in 2022 to reflect scienceAction Plan (EAP) in 2017. above, the City of Rochester adopted a greenhouse gas reduction goal as part of its Energy To address the environmental, financial, and social equity impacts of climate change described Rochester Today: Baseline Data Department of Health, 2014)and health vulnerabilities. This unequal impact is true of other climate stressors as well. (Source: Minnesota Figure 6: These maps show the risk of extreme heat is greater in counties with more demographic, socioeconomic, 14 523 targets.greenhouse gas reduction waste diversion efforts will continue our city’s progress toward our fuel based sources, improving and expanding our transit programs, and supporting -from fossilLooking ahead, a combination of reducing energy demand in our built environment, transitioning City’s progress toward its goals.power to the community will have a huge greenhouse gas reduction impact and further the renewable electricity by 2030. Providing renewable net working toward a goal of providing 100% Finally, in terms of energy production, the City’s municipal utility, Rochester Public Utilities, is to remove recyclable products prior to burning the waste. energy plant -to-The County is also interested in adding a materials recovery facility to its wasteregional food waste composting program. One promising opportunity is the construction of a related greenhouse gas emissions. -that are being explored that could reduce the City’s waste facing recycling best practices. There are several additional opportunities -internal and outwardto expand its Olmsted County manages our waste system and has partnered with the City occupant vehicles.-ion from singlemembers to transitThe City is also designing a rapid transit system in the downtown to incentivize our community density along transit corridors, and purchased electric buses to pilot in the City’s transit fleet. ned areas of the City to introduce greater zo-sharing programs in the City, re-several mobilityCity updated its Comprehensive Plan, which identified transportation corridors, introduced initiatives, and policies in motion to work toward this outcome. On the transportation front, the e of programs, emissions coming from the transportation and waste sectors. There are a rangfrom the building sector. However, there is more work to do to reduce the greenhouse gas Based on the data above, our community has made significant progress in reducing emissions Inc., 2020Urban Land Institute MN & LHB Figure 7: Rochester Emissions Data from Rochester’s Regional Indicators initiative. 15 524 hopefully curb the greatest impacts of climate change. satisfying the needs of the Rochester community. Actions both on the local and global level will Sustainable Development Goals, contributing toward global collaborative efforts while also N parts of the council’s strategic priorities, the comprehensive plan’s core principles, and the U peace and prosperity across the world. Each strategy within this plan will be associated with collaborative effort where local actions are compounded to create climate change must be a Climate change is an issue far larger than any one community. For that reason, slowing down Relation to Existing Goals: Globally and Locally orted and thrive together.”people, economy, and environment are supp and resiliency plan will address this by developing “an equitable, inclusive community where community will struggle when inequalities cause only some to be vulnerable. The sustainability of communities, an entire weather such as heat waves. Because of the interdependent nature6, where communities with vulnerable populations are put under greater stress from severe success dependent upon the success of each community member. This can be seen in Figure ing community members of a community contribute unique services to support the whole, makrepair socioeconomic inequalities and protect vulnerable populations. Like ecosystems, Any attempt at reducing our contribution to climate change and preparing for its effects must increase equity and community resiliency to climatic changes already underway. support emissions reductions goals, but also to build from them to include strategies that lan aims not only to reduce its contribution to climate change. The sustainability and resiliency pclimate change. It has become apparent, however, that Rochester must do more than simply The plans described above outline a clear path to reduce our community’s contribution to The Case for a Community Sustainability and Resiliency Plan 16 525 ” “ Chair-, Youth Commission CoArhan MehtaChair, -Co, Youth Commission Ojas BhagraChair, -, Youth Commission CoShikha Kumar already have ideas for ways we can partner with the City and local businesses. We are eager to work on implementation of recommendations in the plan and sustainability, resiliency and equity a priority. the most by climate change, and we are grateful that \[City\] leadership has made our state and our nation. We \[the youth\] are the ones who will be impacted city,the Task Force has created…our futures depend on actions taken today in our the process, and we were thankful for being included. We share the vision that Force members were committed to engaging community members of all ages in recommendations. Task ideas we had for the plan have been integrated into the recommendations that would be brought forward. We are happy that many of the We met with Task Force representatives to provide input, and again to hear the can thrive. on a path to becoming a resilient and truly sustainable community where our residents strategies will put Rochester 3Collectively and with the community, the implementation of the 3 environment are supported and thrive together.”Health, we will create “an equitable, inclusive community where people, economy, and oods, Resilient Economy, and Environmental Accessible Transportation, Vibrant Neighborhcoordinated effort across these six focus areas: City for Health, Climate Change Resiliency, interconnected and must be addressed together to create a sustainable city. Through a ee pillars of sustainability are stewardship, fiscal responsibility, and social equity. These thrfocus, they all contribute to the central components of sustainability, which are environmental The six focus each address a different aspect of our community. Despite their separate areas of of six focus areas that will allow Rochester to lead in sustainable growth and development. strategy addresses a discrete community need, and the strategies collectively contribute to one strategies. Each 3different tactics, each corresponding to one of 3 3Within this plan are 10 Collective Outcomes of Rochester’s journey to become a leader in sustainable growth and development. The goals within this plan also cover a broad range of city priorities, making it a central element ” all while tackling climate change and working to preserve our oceans and forests. —n, reduce inequality, and spur economic growth strategies that improve health and educatiohand with -in-that ending poverty and other deprivations must go hand this plan recognizes “and sustainable,” seems to apply to the whole sustainability and resiliency plan. Like the UN, inclusive, safe, resilient Development Goal 11, which is to “make cities and human settlements plan’s relationship to these benchmarks will be identified under each strategy. UN Sustainable To show how this plan is meeting needs determined by the City and by the United Nations, the 17 526 18 527 19 528 20 529 21 530 22 531 23 532 24 533 25 534 26 535 27 536 28 537 29 538 30 539 31 540 32 541 33 542 34 543 35 544 36 545 37 546 38 547 39 548 40 549 41 550 42 551 43 552 44 553 45 554 46 555 .10.7930/NCA4.2018doi: Easterling, K.E. Kunkel, K.L.M. Lewis, T.K. Maycock, and B.C. Stewart, 1515 pp. , edited by D.R. Reidmiller, C.W. Avery, D.R. Climate Assessment, Volume IIImpacts, Risks, and Adaptation in the United States: Fourth National USGCRP. 2018. . oadOrderID=0lay=yes&:display_count=yes&:language=en&:lo&:display_spinner=no&:display_overersion=3&:tabs=no&:to olbar=yes&:animate_transition=yes&:display_static_image=nVizHome=no&:host_url=https%3A%2F%2Fpublic.tableau.com%2F&:embed_code_vhttps://public.tableau.com/views/CITYSUMMARIES/CItySummary?:embed=y&:sho w Urban Land Institute MN, LHB Inc. 2020. “City of Rochester Summary.” .https://www.ncdc.noaa.gov/extremes/cei/graph Index (CEI).” Accessed August 30, 2021. . 2021. “U.S. Climate Extremes National Centers for Environmental Information NOAA .7w73-10.25921/stkw DOI:, https://www.ncdc.noaa.gov/billions/Weather and Climate Disasters.” Dollar -NOAA National Centers for Environmental Information. 2021. “U.S. Billion .port.pdfhttps://www.health.state.mn.us/communities/environment/climate/docs/mnclimvulnre Assessment.” Last modified October 2014. Minnesota Department of Health. 2014. “Minnesota Climate Change Vulnerability .10.7930/J0Z31WJ2, 841 pp. doi:Research ProgramU.S. Global Change the United States: The Third National Climate Assessment.” Melillo, Jerry M., Terese Richmond, and Gary Yohe. 2014. “Climate Change Impacts in .increased-weather-extreme-as-tripled-premiums-insurance-home-https://www.mprnews.org/episode/2021/03/25/minnesot a increased.” MPR News, March 26, 2021. Huttner, P. 2021. “Minnesota home insurance premiums tripled as extreme weather –gnor, and T. Waterfield, 51M. TiConnors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, Okia, C. Péan, R. Pidcock, S. -J. Skea, P.R. Shukla, A. Pirani, W. MoufoumaO. Pörtner, D. Roberts, -Delmotte, P. Zhai, H.-, edited by V. Massoneradicate povertyefforts to response to the threat of climate change, sustainable development, andglobal greenhouse gas emission pathways, in the context of strengthening the global industrial levels and related -on the impacts of global warming of 1.5°C above preIPCC Special Report Global Warming of 1.5°C, An 2018. “Framing and Context.” In Kainuma, J. Kala, N. Mahowald, Y. Mulugetta, R. Perez, M. Wairiu, and K. Zickfeld. Durand, W. Cramer, S. Humphreys, M. -Allen, M.R., O.P. Dube, W. Solecki, F. Aragón References 47 556 Resources on Equitable Planning I. Appendix C engagement data (from May conversations)-Community re III. Community Listening Data Equitable Engagement Community Process I. Appendix B Location of Additional Resources V. Summary of Workshops and Planning Process Relevant Plans, Priorities, and Resources III. 2021)–Former (2018 B. 2025)–Current (2021 A. Rochester City Council Task Force Membership I. Appendix A Appendices Sustainability and Resiliency Task Force 48 557 Former Chair–Pedestrian and Bicycle Advisory CommitteeKaren Cohen, ● Rochester Area BuildersJohn Eckerman, ● Winona State University RochesterJeanine Gangeness, ● Rochester Public UtilitiesJeremy Sutton, ● University of Minnesota RochesterMarco Lanz, ● University of Minnesota RochesterJay Hesley, ● Transition Rochester, Community Activist Ivan Idso, ● Childcare ProvidersHema Sai Kishore, ● Former Chair–CommissionHistoric Southwest Neighborhood Association, Rochester Energy Edward Cohen, ● Mayor’s Youth Council David Jiang, ● Rochester Energy CommissionDave Reichert, ● of Olmsted CountyUnited Way Grace Pesch, ● profit Consortium -Non Brooke Carlson, ● Intercultural Mutual Assistance AssociationArmin Budlimic, ● Family Service Rochester April Sutor, ● Conservation Minnesota Anna Richey, ● Olmsted County Public Health ServicesAnna Oldenburg, ● Rochester Vidhyalaya Anantha (Andy) Kollengode, ● Mayo ClinicAmanda Holloway, ● CRW Architecture & Design GroupAlyssa Fordham, ● Construction & General Contracting–Remodeling D.L., LLCAbel Garcia, ● are affiliated. The following is a list of all task force members, including any groups with which they Task Force Membership I. Appendix A 49 558 Rochester Public SchoolsElkhalifa, Wafa ● Hmong CommunityTxerlee Moua, ● Olmsted CountyTony Hill, ● LIFE ProgramTom Brinkman, ● University of Minnesota Rochester, StudentTessie Burley, ● Intercultural Mutual Assistance AssociationSusan Haskamp, ● City of Rochester Green Team Hatzenbihler,Stephanie ● Assisi–Sisters of St. FrancisSister Marlys Jax, ● Diversity CouncilSavita Katarya, ● MN Youth Climate Strike, Rochester Olmsted Youth CouncilSalma Abdi, ● Rochester Area Economic Development Inc. John Wade, ● Rochester Area Economic Development Inc.Ryan Nolander, ● Sierra ClubRick Morris, ● RNeighborsRenee Halsey, ● Destination Medical CenterPatrick Seeb, ● Rochester–Winona State University Nicole Anderson, ● CommunitySomali Intercultural Mutual Assistance Association, Mohamed Sheik Nur, ● Benike ConstructionMike Benike, ● challengesDigi Doodle Design Owner, Connection to communities with mobility Lori Colwill, ● -People’s Food Co Lizzie Haywood, ● Latinx CommunityLeticia Flores, ● The Village, University of Minnesota Rochester, Cambodian CommunityKim Sin, ● RNeighbors Board, Minnesota Department of TransportationKelly Corbin, ● Rochester Downtown AllianceKarli McElroy, ● Citizens Advisory on TransitKaren Doering, ● 50 559 EIC Strategic Project Plan, Quick Reference ○ Energy Integration Committee: Strategic Energy Project Plan ● Energy Action Plan ● DMC Sustainable Energy Options ● 2018 Benchmarking Program Report ● Climate Change Resiliency organized by focus area. build context for their work. Below are the relevant City plans and other resources The following resources were used by the Sustainability and Resiliency Task Force to Relevant Plans, Priorities, and Resources III. Annalissa Johnson ● Shaun C. Palmer ● Mark Bilderback ● Nick Campion ● Michael Wojcik ● KeanePatrick ● Randy Staver ● Previous City Council Members Molly Dennis ● Shaun C. Palmer ● Kelly Rae Kirkpatrick ● Nick Campion ● Mark Bransford ● Patrick Keane ● City Council PresidentBrooke Carlson, ● MayorKim Norton, ● Current City Council Members: Alison Zelms City Administrator: approval.The following council members and administrators took part in this plan’s creation and Rochester City Council and Administration Intercultural Mutual Assistance AssociationYousif Al Ward, ● 51 560 UN Strategic Development Goals ● Additional Resources Rochester Comprehensive Plan 2040 ● Rochester Intercultural Cities Index Questionnaire ● Rochester Parks & Recreation System Plan ● Neighborhood Plans: Imagine Slatterly Vision Plan ● Community Asset Inventory You!About ● Vibrant Neighborhoods motorized Transportation Analysis, Bicycle & Pedestrian Plan- ● Integrated Transit Studies ● Transportation Rochester Intercultural Cities Index Questionnaire ● City of Rochester All Hazard Mitigation Plan ● DMC Development Plan, Executive Summary ● DMC Development Plan ● Rochester Comprehensive Plan 2040 ● Resilient Economy Rochester Parks & Recreation System Plan ● CHNA: At A Glance ○ Olmsted County Community Health Needs Assessment ● motorized Transportation Analysis, Bicycle & Pedestrian Plan- ● City for Health Energy Storage Market & Technical Assessment ○ Electrification Market & Technical Assessment ○ Demand Side Management Study ○ 2019 Resource Plan Update ○ Rochester Public Utilities ● 52 561 4:30 p.m.–2020, 3:00 p.m.Meeting 5: August 18, forward.Discussed ways in which task force meetings can be run more effectively going • Revisited outcomes of planning process to date for further feedback. • Provided feedback on process for task force meetings. • 4:30 p.m.–Meeting 4: July 21, 2020, 3:00 p.m. content of the plan.Introduced shocks and stressors survey and discussed how these influence • groups to reach out to.Discussed steps to implement community listening sessions and community • Sustainability and Resiliency Task Force.Finalized a vision statement for the • 4:30 p.m.–Meeting 3: June 23, 2020, 3:00 p.m. Shared and collaborated on next steps and community listening sessions. • Introduced and discussed concepts of sustainability and resiliency. • Drafted a shared vision for the Sustainability and Resiliency Task Force. • 4:30 p.m.–Meeting 2: May 19, 2020, 3:00 p.m. -Shared perspectives on resiliency in the era of COVID • Set process ground rules and expectations. • Sustainability and Resiliency Task Force.Built a common understanding of the purpose and call to action of the • 4:30 p.m.–Meeting 1: April 15, 2020, 3:00 p.m. Summary of Workshops and Planning Process Article: How to Prevent City Climate Action from Becoming "Green Gentrification" ● 14:00, Racial disparities in Chicago's 1995 heat wave)–(see 4:40 ○ Video: Cooked; Survival by Zip Code ● Article: The Racist Housing Policy that Made Your Neighborhood ● Video: Adding a New Dimension to Urban Planning ● Social Equity in Resilience Planning ● Six Principles for Equity and Inclusive Engagement ● Social Equity in Resilience Planning ● City Council Strategic Priorities ● 53 562 4:30 p.m.–Meeting 13: April 20, 2021, 3:00 p.m. Discussed accountability strategies. • milestones.Discussed plan implementation and • Finalized focus area objective statements. • 4:30 p.m.–Meeting 12: March 16, 2021, 3:00 p.m. Reviewed prioritization of strategies based on phased implementation. • objective statements for each focus area.Reviewed and edited draft • 5:00 p.m.–Meeting 11: February 16, 2021, 3:00 p.m. Discussed community involvement in implementation of the plan. • Discussed content of plan and ranked them by feasibility and importance. • 4:30 p.m. –Meeting 10: January 17, 2021, 3:00 p.m. Discussed how this presentation relates to work of Task Force in small groups. • Watched Transition Rochester Earth Day presentation. • 4:30 p.m.–Meeting 9: December 15, 2020, 3:00 p.m. Used results to build out strategies and tactics. • and community surveys. Continued review of shocks and stressors survey, community listening sessions, • Reviewed process steps and most recent strategy work. • 5:00 p.m.–Meeting 8: November 17, 2020, 3:00 p.m. align with equity, sustainability, and resiliency frameworks.Discussed how to develop strategies that both respond to community needs and • was collected, and how data will be used. Reviewed data from surveys and community listening sessions. Discussed how it • 5:00 p.m.–Meeting 7: October 20, 2020, 3:00 p.m. Discussed racial and social inequity in relation to public policy. • Explored inequity in the context of Rochester. • Council. Heard presentation from Dee Sabol and Savita Katarya from the Diversity • 4:30 p.m. (optional meeting)–September 22, 2020, 3:00 p.m.Meeting 6: Finalized 5 focus areas and defined next steps. • Shared results of shocks and stressors survey and discussed • involved in this plan.Discussed importance of equity in the planning process, and how equity is • 54 563 Equitable Engagement Community Process I. Appendix B resources can be found there as well. . Additional Sustainability and Resiliency Task Force web page be found on Rochester’s Presentation slides, recordings, and meeting minutes for each task force meeting can ResourcesLocation of Additional V. engagement process with community listening groups.-Shared updates on re • Reviewed and discussed edits for the Summary Plan. • 55 564 56 565 57 566 58 567 59 568 60 569 61 570 62 571 63 572 64 573 65 574 66 575 Rochester Community and Technical College ● Rochester Area Foundation ● Youth sports organizations ● The Village Agricultural Cooperative & Learning Community ● Southeastern Minnesota Interfaith Immigrant Legal Defense ● Compassion Rochester MN ● Interfaith Hospitality Network ● Zumbro Valley Health Center ● Rochester Olmsted Youth Commission ● Olmsted County Environmental Commission ● Indian Cultural Association of Minnesota ● University of Minnesota Rochester ● Rochester Community Initiative ● Workforce Development, Inc. ● Families First of Minnesota ● Rochester Area Builders ● Diversity Council ● The Elder Network ● Family Service Rochester ● Rochester Public Schools ● Mayo Clinic ● Various neighborhood groups ● income populations- ● Young adults & high school students ● Senior community ● Somali community ● Chinese American community ● Indian community ● BIPOC communities ● LatinX/Hispanic community ● Sudanese community ● Hmong community ● Cambodian community ● ing groups during these community listening sessions: the followcommunity engagement processes. City staff and task force members connected with need to form stronger connections with marginalized groups often underrepresented in ces in the community as possible. In particular, the task force highlighted the many voisurvey sent through Task Force members and posted on the City website to capture as sessions, attended existing community group meetings, and collected results of a The Sustainability and Resiliency Task Force conducted 37 open community listening Community Listening Data 67 576 Figure 1: Critical needs identified through community listening sessions. in Figure 2.which were considered secondary needs and are broken down five or fewer individuals,need in the community. The “other” slice of the pie chart represents needs identified by piece of the chart indicates how many individuals specifically identified the topic as a unity listening sessions. The number inside of each or more individuals in the commcommunity. The pie chart below (Figure 1) includes the major needs established by six of equity and inclusion as a necessity for them to feel supported and well in the groups. For example, 35 individuals identified a culture most community members and From the community listening sessions, several themes stuck out as critical needs for Community Listening Sessions and what is missing?The plan will focus on the following areas, what is important to you of these areas 5. to thrive?What is one thing that would support you, your family, or your community’s ability 4. What would make Rochester a great place to live for future generations? 3. as a whole?What would help you connect/feel connected with your neighbors or community 2. How would you define community? How do you interact with the community? 1. The survey included the following short answer questions: provide input, resulting in 40 community groups participating and 173 survey responses. Community members from a wide variety of backgrounds took the opportunity to desires of the community and to build relationships with residents of the city.The task force organized these opportunities to ensure the plan reflects the needs and 68 577 considered secondary needs and are broken down in Figure 4. slice of the pie chart represents needs identified by five or fewer individuals, which were “other” many individuals specifically identified the topic as a need in the community. The on the community survey. The number inside of each piece of the chart indicates how community. Figure 3 includes these major needs established by six or more individuals 77 individuals identifying this as a necessity for them to feel supported and well in tmany of the survey respondents. For example, Events and Community Gatherings had As with the community listening sessions, several themes stuck out as critical needs to Community Survey Responses Figure 2: Secondary needs identified through community listening sessions. 69 578 Figure 3: Critical needs identified through survey responses. 70 579 Figure 4: Secondary needs identified through survey responses. 71 580 facilitating the planning process and writing of this document. Center for Energy and Environment was the contracted vendor for n2fa$nJF. and use this passcode: here . For a recording of the presentation, click hereTo see the entire presentation, click resources. disparities with strategies that support affordable housing, childcare, and access to inequalities in Rochester, participants in this meeting discussed ways to reduce wealth 19 pandemic. After learning about the existing racial and social -even before the COVIDindividuals to accumulate wealth. This wealth inequality, unfortunately, was growing to discriminatory policies, such as redlining, that have made it easier for white oyment disparities among white and BIPOC residents of Rochester due wealth and emplcan be applied going forward. Task Force members learned that there are significant understand inequity in the context of Rochester, and understand how this knowledge rs to have a better understanding of social policy and wealth inequality, membeinequity in the context of Rochester. The goal of the presentation was for task force Savita Katarya gave a presentation to the Sustainability and Resiliency Task Force on In September 2020, City of Rochester Diversity Council employees Dee Sabol and Resources on Equitable Planning I. Appendix C 72 M 581 morf?gnignar?snoitacilppa?regral?ot?detacolla?eb?gnidnuf?lanoitidda?eht?taht?esoporp?rehtruf?setammaetytiC?.raey?hcae?ycnega?rep?000,5$?ta?deppac?era?snoitacilppa?dnuF?gnidliuB?ytinummoC?,yltne rruC??70.690,52$?:gnidnuF?ycnegnitnoC39.309,42$?:margorp?tolip?myg?nepo?eht?morf?sdnuf?tnepsnU:morf?decruos?eb?lliw?000,05$?lanoitidda?ehT?.000,001$?ot?5202?dna?4202?rof?gnidnuf?latoteht?gnignirb?,00 0,05$?lanoitidda?na?yb?tegdub?s'margorp?eht?esaercni?ot?sesoporp?noituloser?detfard?ehT??.3202?ni?devlossid?saw?hcihw?,licnuoCytisreviD?eht?rof?dednetni?secruoser?gnitacollaer?yb?dednuf?,5202?rof?000 ,05$?dna?4202?rof?000,05$?fonoitacolla?na?deviecer?yllaitini?ti?,margorp?tolip?a?sa?dehcnuaL?.ytiuqe?laicos?etomorp?ylevitca?taht?ytiC?ehtni?stneve?dna?,smargorp?,stcejorp?gnitroppus?ot?detacided?mar gorp?a?si?dnuF?gnidliuB?ytinummoC?ehT?.sdeen?rieht?no?gnidneped?"lepsoG?fo?dnuoSehT"?rof?gnidnuf?ni?tluser?ton?yam?dna?rof?ylppa?ot?lacitirc?erom?sa?esle?gnihtemos?yfitnedi?dluow?PCAANeht?taht?elbiss op?si?ti?gninaem?,laudividni?ro?tiforp-non?eht?fo?sdnah?eht?ni?tseuqer?eht?evael?dluowti?,yllaniF??.margorp?ro?tneve?tiforp-non?eno?tsuj?ot?ytinutroppo?eht?timil?t'ndluow?ti?,rehtruF??.cirbur?gnirocs noitacilppa?dehsilbatse?eht?nihtiw?gnitar?eht?no?gnidneped?000,02$?ot?pu?edivorp?dluoc?ti?,detseuqer000,52$?eht?edivorp?t'ndluow?ti?hguohtlA??.degreme?dnuF?gnidliuB?ytinummoC?eht?nihtiw?troppusgnidnu f?fo?level?wen?a?gnidivorp?fo?tpecnoc?eht?,dedivorp?eb?ot?gnidnuf?emos?rof?euneva?na?gnidivorpllits?dna?snrecnoc?deifitnedi?esoht?gnitagivan?nI??.stseretni?ralimis?htiw?spuorg?tiforp-non?rehto?edivor pot?noitanalpxe?tahw?dna?,ssecorp?tegdub?eht?fo?edistuo?gnidnuf?puorg?eno?siht?edivorp?ot?elbanosaer?sawti?rehtehw?,margorp?eht?gninnalp?esoht?yb?thguos?eb?dluoc?gnidnuf?rehto?rehtehw?,gnidnuf?rof?ss ecorpeht?tuoba?desiar?erew?snrecnoc?,noissucsid?eht?fo?trap?sA??.snoitpo?htiw?nruter?ot?maet?eht?rof?troppuslareneg?saw?erehT??.5202?,92?yraurbeF?rof?dennalp?gnieb?margorp?"lepsoG?fo?dnuoS?ehT"?dnuf? ot?erisedeht?htgnel?emos?ta?dessucsid?licnuoC?ytiC?dna?royaM?eht?,4202?,51?yluJ?no?ssenisuB?rehtO?gniruD:evitarraN?tropeR?.stnemeriuqer?noitacilppa?lanoitidda?ot?tcejbus?,000,02$-?100,5$?neewteb?gnit seuqer?snoitacilppa?FBC?ot?detubirtsid?eb?ot?sdnuf?lanoitidda?eht?gnizirohtuA?.2.snoitacilppaFBC?5202?dna?4202?troppus?ot?,000,001$?fo?latot?a?ot?tegdub?margorp?eht?gnisaercni?,)FBC(dnuF?gnidliuB?yti nummoC?eht?ot?000,05$?fo?gnidnuf?lanoitidda?gnitacollaer?noituloseR?a?gnitpodA?.1:detseuqeR?noitcA???3.HsnoitacilppA?dnuFgnidliuB?ytinummoC?5202?rof?gnidnuF?lanoitiddA NOITCA?ROF?TSEUQER smleZ?nosilA:RETNESERPsnoitadnemmoceR?dna?stropeR:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE $582 snoitacilppA?dnuF?gnidliuB?ytinummoC?5202?rof?gnidnuF?lanoitiddA?-?noituloseRetadpU?4202?tsuguA?dnuF?gnidliuB?ytinummoC?-?tropeR:stnemhcattA reluhcS?acisseJ:yB?deraperP".lepsoGfo?dnuoS?ehT"?rof? PCAAN?ot?39.309,42$?fo?gnidnuf?desunu?myg?nepo?fo?esu?eht?gnivorppAsrosnops?margorp?rehto?gniyfitnedIsecruos?gnidnuf?rehto?gniyfitnedIgnidnuf?laitrap?gnidivorPtnuoma?noitacilppa?deppac?eht?gnisaercni ?tuohtiw?gnidnuf?lanoitidda?gniddA:edulcni?yam?snoitca?evitanretlA:)s(noitcA?evitanretlA.000,057$?si?dnuf?ycnegnitnoceht?fo?ecnalab?tnerruc?ehT??.dnuf?ycnegnitnoc?dna?margorP?toliP?myG?nepO?desunu?eh t?morfdetacolla?eb?dluow?gnidnuf?lanoitiddA?.gnidnuf?seicnegA?edistuO?yb?detroppus?yltnerruc?si?margorp?ehT:tcapmI?ecruoseR?&?lacsiF?.devorppa?saw?,5202?,82?yraurbeF?,yadirF?no?retsehcoR?ot?"lepsoGfo ?dnuoS?ehT"?gnignirb?ni?PCAAN?eht?fo?hcnarb?s'retsehcoR?troppus?ot?000,52$?fo?tnuoma?eht?ni?licnuoCeht?yb?noitaredisnoc?rof?seitilibissop?gnidnuf?gnirb?ot?ffats?ksa?ot?noitom?ssenisuB?rehtO?-?4202?,5 1?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.snoitazinagro?dednuf?dna?dehsilbatse-llew?rof?ssecorptnarg?lanoitidart?a?saw?siht?taht?noisserpmi?eht?evig?ot?tnaw?t'ndid?ew?dna?,slaudividni?d na?snoitazinagrolanoitidart?ssel?drawot?deraeg?si?cirbur?gnirocs?eht?,revewoH?.ylppa?llits?nac?spuorg?dehsilbatseeroM??.secruos?ytinummoc?rehto?yb?dednuf?era?ohw?snoitazinagro?lanoitidart?gnidnats-gn ol?naht?rehtarseitinutroppo?pihsrosnops?dna?tnarg?rehto?rof?elbigile?tey?ton?era?taht?slaudividni/snoitazinagro?gnigremeylwen?ro?,dednufrednu?,rellams?sehcaer?stnarg?eseht?fo?ytilibaliava?eht?taht?os ?snoitazinagro?stoorssarg,srentrap?ot?yltcerid?detacinummoc?yllanoitnetni?erew?seitinutroppo?tnarg?ehT?.gnidnuf?tnarg?rof?ylppaot?slaudividni?dna?snoitazinagro?ytinummoc?rof?ssecorp?lamrof?a?sedivorp ?dnuF?gnidliuB?ytinummoCehT?.ytiuqe?laicos?etomorp?taht?stneve?dna?,smargorp?,stcejorp?ot?deilppa?yltcerid?si?dnuf?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFytiuqE ?laicoS:selpicnirP?lanoitadnuoF?&?seitiroirP?.tcartnoc?dengis?a?dna?,slavorppa?evitartsinimda?lanoitidda?,tegdub?deliateda?sa?hcus?,stnemeriuqer?noitacilppa?lanoitidda?evah?lliw?snoitacilppa?regral?e hT?.000,02$?ot?100,5 583 Unallocated FundingAllocated Funding31.80%68.20% The following pages provide summaries of approved applications. Approved Applications (located under the Community Building Fund dropdown). www.rochestermn.gov/deiCity’s website at More information, including the program’s eligibility requirements, rubrics, an application, are available on the Program Website Funding Unallocated $15,900 Total Allocated $34,100 Total Program Funding $50,000 requested by the approved applications, and $34,100 was awarded. approved applications do not always receive the full amount of funding requested. In total, $43,600 was $34,100 (68%) of the funding has been distributed to 11 approved applications. It is important to note that The Community Building Fund Program received $50,000 for 2024 applications. As of August 1, 2024, Fund Progress overview of approved applications. equitable community for all residents. This report details the program’s progress and impact so far, including an providing financial support to these initiatives, the Community Building Fund aims to foster a more inclusive and This program supports projects, programs, and events within the City that actively promote social equity. By The Community Building Fund was established in 2024 using funds from the dissolution of the Diversity Council. Overview 13 of 1Page August 2024 Community Building Fund Report 584 beyond December 2024. Continuation of programs in partnership with other community organizations and businesses Future Plans: ·community, joy, and well-being. Post-event surveys and focus groups to evaluate the sense of belonging, Success Measurement: · Black and African American community members from different backgrounds. Target Audience: · Foster a stronger sense of community, joy, and belonging through arts and literature. Primary Impact: ·Impact & Goals: centered programs. These events will prioritize Black and Brown voices and experiences. hosting a series of events, including open studio events, poetry readings, creative workshops, and youth-in downtown Rochester. This project aims to bring the community together through arts and literature by Griot Arts is a new community arts hub centering on Black art, literature, and cultural expression Description: Launched in 2024 and runs through end of December 2024 Project Timeline: $5,000 Funding Amount: Griot Arts Organization: Art Engagement & Community Building 13 of 2Page 585 for years to come.Sustain the project through meticulous record-keeping and fundraising, ensuring the continuation of the event Continue to grow the event and maintain it as one of the most anticipated summer events. Future Plans: ·children and youth. Underserved and underrepresented students in Rochester, MN, including school-age Target Audience: ·school supplies and services. build relationships prior to the school year. It helps reduce financial burdens on families by providing essential The event creates a space for students and Rochester Public Schools staff to connect and Primary Impact: · Impact & Goals:haircuts, food, and family-friendly activities, with support from local organizations and businesses. Rochester’s Fourth annual back-to-school block party and parade will provide free school supplies, Description: August 17, 2024 Event Date(s): $2,500 Funding Amount: Community Collaboration (Sports Mentorship Academy as Fiscal Host) Organization: Back-To-School Block Party & Parade 13 of 3Page 586 people of color that live and lived in Rochester.”“This idea was a success because it educated so many people young and old about the history of wanted this at their locations. The education piece of this was the most important part.”“After implementing this idea and scheduling the locations, we found that many other entities Post-event Feedback: United Methodist Church. The exhibit will continue to travel. Rochester Public Utilities, Rochester Community and Technical College, Rochester International Airport and School, John Marshall High School, Rochester Public Library, Dakota Middle School, Olmsted County, ), the exhibit has travelled to Rochester Art Center, Gibbs Elementary, Mayo High view the event videoHall ( The travelling exhibit continues to grow as additional research is completed. Launched at City Future Plans: ·ages. Community members, partners, organizations, and institutions of all races, genders, and Target Audience: ·systemic decisions as the community grows. community to elevate voices and experiences of Rochester’s Black community. This education can inform Compile, educate and share key people and events that have shaped the local Black Primary Impact: · Impact & Goals:community project to preserve and honor local Black history. have shaped the local Black community in Rochester, Minnesota and the city’s history. The exhibit is an ongoing Rochester’s Black Legacy is a travelling exhibition of key figures and events that Still We Rise:Description: May 31, 2024 Project Timeline: $5,000 Funding Amount: Sports Mentorship Academy Organization: Black History Travelling Exhibit 13 of 4Page 587 Secure sustaining funding and expand land lease or purchase for continued growth. Future Plans: ·surveys at the end of the season. Data collection on economic gains, food delivered, and food shelf access; farmer Success Measurement: · Diverse communities including African, Asian, and Latin/Hispanic groups. Target Audience: ·access. Promote economic growth, cultural exchange, and healthy lifestyles through fresh food Primary Impact: · Impact & Goals:local farmers. local food shelves. The initiative promotes food sovereignty by providing culturally relevant foods and supporting MN. This project aggregates fresh produce from immigrant community members' farms and delivers it to smaller The Village Agricultural Cooperative operates 6 urban farms and a farmers’ market in Rochester, Description: July to Mid-October 2024 Project Start Date: $5,000 Funding Amount: The Village Agricultural Cooperative Organization: Fresh Produce Aggregation to Local Food Shelves 13 of 5Page 588 be solicited from the technical community to co-create a culture of shared opportunities and responsibilities. The portal will be built on top of the Community Beam infrastructure. Continuous support will Future Plans: · Number of visits to the portal, feedback from users, and tracking housing trends. Success Measurement: ·NAACP, IMAA. BIPOC leaders and their communities represented by organizations such as CMRC, Target Audience: ·transparency of housing efforts in Rochester. Enhance understanding of housing disparities in the BIPOC population and increase Primary Impact: · Impact & Goals:Equity, and Inclusion portal. housing statistics and provide a side-by-side comparison of project statuses, similar to the existing Diversity, portal will showcase each sector’s housing projects, funding streams, and efforts. It will display community-wide and People of Color (BIPOC) home ownership in Rochester by providing a comprehensive online platform. The The Housing Web Portal project aims to increase housing stock and expand Black, Indigenous, Description: November 2024 launch Timeline: $600 Funding Amount: OpenBeam.net Organization: Housing Web Portal 13 of 6Page 589 our community.”able to educate all that attended about the meaning of Juneteenth and the importance of unity in “This was very successful because we were able to not only have large attendance, but we were from many City leaders and community members.”“The event went amazingly well. We had around 160 people there. We got some great feedback Post-event Feedback: for future events. Outreach to community partners, organizations, and institutions for partnership or sponsorship Future Plans: ·impact. Number of attendees and feedback from the community on the event's content and Success Measurement: ·ages. Community members, partners, organizations, and institutions of all races, genders, and Target Audience: ·community bonds. Celebrate Freedom Day, educate attendees about its significance, and strengthen Primary Impact: · Impact & Goals:opportunities for community connection. Rochester. The breakfast featured reflections on freedom and local Black legacy, a keynote speaker, music, and Barbershop Talk hosted an inaugural Juneteenth Jubilee Breakfast to honor the Holiday in Description: June 19, 2024 Event Date(s): $3,000 Funding Amount: Barbershop Talk Organization: Juneteenth Jubilee Breakfast 13 of 7Page 590 13 of 8Page 591 community cornerstone. Grow sponsorship base and build lasting relationships to ensure the event remains a Future Plans: · The event is open to all, with a focus on highlighting the Latin American communities. Target Audience: ·members and promote cultural understanding among the broader community. Foster a sense of belonging for Latin American, Hispanic, and Chicano community Primary Impact: · Impact & Goals:traditions. and cultural displays. The event aims to bring people together to appreciate and learn about Latin American Latino Fest is a vibrant celebration of Latino heritage, featuring music, dance, traditional cuisine, Description: September 14, 2024 Event Date(s): $2,500 Funding Amount: )ACHLA Alliance of Chicanos Hispanics and Latin Americans (Organization: Latino Fest 2024 13 of 9Page 592 continues to be a pivotal celebration of diversity and inclusion in Rochester. Expand community outreach and partnerships to increase participation and ensure the event Future Plans: ·community. The vent is open to all, with a focus on celebrating and supporting the LGBTQ+ Target Audience: ·understanding and inclusivity within the broader community. Foster a sense of belonging and acceptance for LGBTQ+ individuals and promote Primary Impact: · Impact & Goals:orientation minorities. in order to promote an environment for advocacy, outreach, inclusion, and equity for gender-identity and sexual-minority communities and their allies; that inspire, educate, commemorate and celebrate our diverse community; Rochester Pride aims to provide Pride events for the gender-identity and sexual-orientation Description: May 31, 2024 Event Date(s): $2,500 Funding Amount: https://www.rochmnpride.org/ Rochester Pride Organization: Rochester Pride 13 of 10Page 593 enhance civic engagement through networking and collaboration. Establish the community gathering event as an annual tradition, boost local businesses, and Future Plans: ·and vendors. Somali families, elders, youth, the broader Rochester community, and local businesses Target Audience: ·cultural heritage, and inspired community engagement. among the Somali community in Rochester. It strengthened community bonds, preserved and celebrated The event fostered a deeper sense of unity, cultural appreciation, and collective progress Primary Impact: · Impact & Goals:showcasing Somali heritage and community spirit. friends and neighbors. Festivities included joyful music and captivating cultural dance performances, future plans. The event featured inspiring speeches, engaging discussions, and opportunities to connect with to a brighter future. Attendees reflected on milestones, honored dedicated members, and discussed exciting brought together community members to celebrate shared achievements, strengthen bonds, and look forward The Rochester Community Gathering event was a vibrant celebration of joy, culture, and unity. It Description: July 17, 2024 Event Date(s): $2,500 Funding Amount: Rochester Somali Community Center Lead Organization: Somali Community Gathering Event 13 of 11Page 594 community in Rochester and the mainstream community.”around 300 people but in return we had over 600+ people attending, both from the immigrant “The idea was a success, due to the large number of people that attended. We estimated for diversity. We were an entire community of Rochester who came together to celebrate each other.”“I learned the power of bringing the community together and celebrating each other's cultural and Post-event Feedback: celebration. community resource tables. Plan for future events to continue fostering community unity and cultural Double the number of participants from last year, increase the event space, and add Future Plans: · Somali community members, the broader Rochester community, and local businesses. Target Audience: ·promoted gender equality, and boosted local businesses. sharing the culture and heritage of the East African community living in Rochester MN. It empowered youth, The event aimed to bring the community together, fostering a sense of unity and pride in Primary Impact: · Impact & Goals:talents and businesses The festival also served as a platform for artists, young entrepreneurs, and local vendors to showcase their the broader Rochester community to come together, celebrate their journey, and promote unity and inclusion. went beyond commemorating Somali Independence; it provided an opportunity for the Somali community and The Somali Independence and Cultural day showcased the rich culture of East Africa. The event Description: July 10, 2024 Event Date(s): $2,500 Funding Amount: Pamoja Women Organization Lead Organization: Somali Independence and Cultural Day 13 of 12Page 595 and partnership was a success.”partnered with History Center of Olmsted County (HCOC) for the first time, and the new location different cultures in the community through dance, food, music, and vendors. This year, IMAA and recognize refugee and immigrant cultures. The event was successful in bringing together “Walk Around the World has existed for several years to recognize World Refugee Day and honor estimated 500 attendees came out.” “Despite postponing the event to the rain date of 6/23, we still had a successful turnout. An Post-event Feedback: Implement new elements to enhance cultural celebration and community engagement. Continue organizing the event annually with the support of sponsorships and grants. Future Plans: ·businesses and vendors. Refugee and immigrant communities, the broader Rochester community, and local Target Audience: ·Rochester, promoted inclusivity, and provided a space for cultural exchange and learning. Increased awareness about the cultures and experiences of refugees and immigrants in Primary Impact: · Impact & Goals:storytelling, and community service providers. featured multicultural dance performances, activities at various booths, ethnic food vendors and products, refugees and immigrants and promoted cultural awareness and social and community development. The event Walk Around the World, hosted in collaboration with History Center of Olmsted County, celebrated Description: July 1, 2024 Event Date(s): $3,000 Funding Amount:IMAA Intercultural Mutual Assistance Association (Lead Organization: Walk Around the World 13 of 13Page RESOLUTION596 Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________.4APPROVED THIS _____ DAY OF ______________________, 202CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ .4_______________, 202ROCHESTER, MINNESOTA, THIS __________ DAY OF PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFfund to the Community Building Fund for 2025 applications.is transferred from the City’s contingency $25,096.07 BE IT FURTHER RESOLVED that .Building Fund for 2025 applicationsCommunity to the is transferred from the Open Gym pilot program $24,903.93 that MN, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochestercan be transferred from the City’s contingency fund.$25,096.07 WHEREAS, an additional ; andunderspentof funding $24,903.93 the Open Gym pilot program hasWHEREAS, ; andequitypromote social and events in the City that actively the Community Building Fund is a program that supports projects, programs, WHEREAS, .in 2025Community Building Fundthe forto Provide an Additional $50,000 City Funds Reallocation of Approving the M 597)VTA(?elciheV?niarreT-llA?na?no?daor-ffo?nekat?saw?trac?flog?eht?erehw?stnedicni?etarapes?eerhT.tcejbo?yranoitats?a?tih?trac?flog?eht?erehw?stnedicni?etarapes?neveS:strac?flog?gnivlovni?sehsarc? 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If an applicant satisfies the above desc facing brake lights.-headlights, taillights, and rearsunrise, applicant must submit evidence that it is equipped with original equipment cant is requesting to operate the motorized golf cart between sunset and If the appli by insurance.that the motorized golf cart is covered evidencea signed affidavit Applicant must submit . emblemsign to be used has been equipped with a rearview mirror and a slow moving vehicle asserting that the motorized golf cart evidencea signed affidavit Applicant must submit 25 miles per hour or less.speed limit of a be operated on City streets with only (ii) Indicate that the golf cart will ; or.intends to use the motorized golf cartplicant the place where the motorized golf cart is garaged to the golf course where the apubmit a written description of the route which the applicant proposes to take from Ss(i) either:Applicant must roadways designated. perate a motorized golf cart on the a licensed physician that the applicant is able to oIf the applicant is physically disabled, the applicant must submit a certificate signed by or foreign country. Applicant must possess a valid driver's license issued by the state or some other state Conditions for issuance of a permit are as follows: issuance. from the date of two years one yearapplication from the city clerk. Permits shall be valid for roadways must obtain a permit Persons wishing to operate motorized golf carts on public Operator permits. -2-Sec. 11 amended to read as follows:Rochester Code is hereby Title 11 of the 2-11of Chapter 3-2-11Section Section 1. COUNCIL OF THE CITY OF ROCHESTER ORDAINS:THE COMMON CARTS.MOTORIZED GOLF CODE OF ORDINANCES RELATING TO THE ROCHESTER OF 11TITLE 2 -11OF CHAPTER 4-2-3 and 11-2-11 SSECTIONAN ORDINANCE AMENDING ORDINANCE NO. ____ 601 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ APPROVED THIS _____ DAY OF ______________________, 20 CLERKCITY ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ 024.ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2 THE CITY OFBY THE COMMON COUNCIL OF D AND ADOPTEPASSED This ordinance shall become effective from and after its publication. .3ection S shall not apply. alsoof Minn. Stats. § 169.70 requiring a rearview mirror, laws governing vehicle equipment tion, with the exception dealing with motor vehicle licensing provisions, shall not apply. In addiwhich can reasonably be applied to motorized golf carts. However, Minn. Stats. ch. 168, Motorized golf cart operators must obey all traffic laws while operating a motorized golf cart vehicles on the roadway at a distance of 500 feet. smoke, fog or other conditions or when there is insufficient light to clearly see persons and ed by weather, may not be operated during inclement weather or when visibility is impair. Motorized golf carts facing brake lights-original equipment headlights, taillights, and rear, unless equipped with Motorized golf carts may only be operated from sunrise to sunset )(c kept on file in the office of the city clerk. permit holders and the roadways on which they may drive their motorized golf carts shall be In addition, a list of which are approved shall be listed on the permit issued to the operator. 25 miles per hour with speed limits higher thanintersects a designated roadway. Roadways for use by resolution of the city council. Operators may cross any street or highway which Motorized golf carts shall only be operated on the specific roadways which shall be approved while operating the motorized golf cart. the permit in possession evidence of A person who has been granted a permit shall have Operating regulations. -2-Sec. 11 amended to read as follows:the Rochester Code is hereby Title 11 2-11of Chapter 4-2-11Section Section 2. M 602?.tcapmi?lacsif?on?si?erehT:tcapmI?ecruoseR?&?lacsiF.devorppA31-2?retpahC?fo?1-31-2?noitceS?tnemdnemA?ecnanidrO?desoporP?-?gniteeM?licnuoC?:4202?,91?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitals igeL?roirP.PCAAN?eht?fo?hcnarB?retsehcoR?eht?morf?tnemtnioppa?eettimmoc?eno?fo?noitaunitnoc?sedulcnisihT?.degatnavdasid?neeb?yllacirotsih?evah?taht?seitinummoc?morf?sevitatneserper?edulcni?ot?eunitno cdluohs?stnemtnioppa?,eettimmoC?thgisrevO?yciloP?eciloP?eht?fo?tnetni?lanigiro?eht?htiw?tnetsisnoC:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroir P?.weiver?rof?dehcatta?si?egaugnal?tnemdnema?desoporp?ehT?.neves?ta?tnegnitnoc?draob?lluf?eht?niatniamot?dna?,tnemtnioppa?CRHCO?eht?fo?ecalp?ni?tnemtnioppa?egral-ta?lanoitidda?na?wolla?ot?detadpu?eb? otsdeen?ecnanidrO?eht?dna?3202?ni?devlossid?)CRHCO(?noissimmoC?sthgiR?namuH?ytnuoC?detsmlO?ehT?.royaM?eht?ybdetnioppa?neht?yltneuqesbus?COPP?eht?ot?rebmem?eno?fo?pihsrebmem?rof?noitadnemmocer?a?ekam? otCRHCO?eht?rof?dewolla?ecnanidrO?ehT?.noitazinagro?ytnuoC?dna?ytiC?tnioj?a?saw?)CRHCO(?noissimmoCsthgiR?namuH?ytnuoC?detsmlO?eht?,detaerc?saw?)COPP(?noissimmoC?thgisrevO?yciloP?eciloP?eht?nehW:evita rraN?tropeR.gnidaer?tsrif?a?ti?gnivigdna?noissimmoC?thgisrevO?yciloP?eciloP?eht?ot?srebmem?fo?tnemhsilbatse?eht?ot?evitaler?31-2?retpahC?fo1-31-2?noitceS?ecnanidrO?fo?edoC?retsehcoR?ot?tnemdnema?ecna nidrO?desoporp?a?gniliF?dna?gnivieceR:detseuqeR?noitcA???2.J?noissimmoC?thgisrevO?yciloP?eciloP?eht?otevitaleR?31-2?retpahC?fo?1-31-2?noitceS?ecnanidrO?foedoC?retsehcoR?ot?tnemdnemA?ecnanidrO?desopor P NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?tsriF?ecnanidrO:NOITCES?ADNEGAeciffO?s'yenrottA?ytiC:TPED?GNITANIGIRO4202?,91?tsuguA:ETAD?GNITEE A 603?ÂnoissimmoC?thgisrevO?yciloP?eciloP?eht?ot?evitaleR31-2?retpahC?fo?1-31-2?noitceS?ecnanidrO?fo?edoC?retsehcoR?ot?tnemdnemA?-?ecnanidrO?desoporP:stnemhcattA nothguoH?ydoJ:yB?deraperP?.emit?siht? ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl 604 with guidelines established by the council. any approved expenses incurred in the performance of their duties in accordance Members will not receive a salary for their services, but may be compensated for (d) who is or was a party to litigation involving the city and its police department. included substantial involvement with the police department, or any individual urrent city employees, former city employees whose work peace officers, cappointment. This prohibition includes, but is not limited to, current or former with the neutral and unbiased nature of the commission are not eligible for Individuals who may be reasonably perceived as having interests that conflict (2) their successors have been appointed and qualified. year terms. All members shall serve until -All appointments will be made for three (1) year terms. -The commission members shall serve staggered three (c) membership. shall be encouraged to recommend to the mayor candidates for commission based organizations -involvement in social justice and human rights. Communitypeople appointed by the mayor based on their interest and Six Five ))23( Rights Commission ("OCHRC") and subsequently appointed by the mayor; One person recommended for membership by the Olmsted County Human (2) subsequently appointed by the mayor; Association for the Advancement of Colored People ("NAACP") and One person recommended for membership by the city branch of the National (1) members of the commission as follows: The mayor shall appoint, with the common council's advice and consent, seven (b) There is hereby established a police policy oversight commission ("commission"). ( .Establishment1--2Sec. amended to read as follows:the Rochester Code is hereby Title 2 of of 13 -2of Chapter 1--2Section Section 1. ROCHESTER ORDAINS:THE COMMON COUNCIL OF THE CITY OF OLICE POLICY OVERSIGHT COMMISSION. PTHE ESTABLISHMENT OF ORDINANCES RELATING TO THE ROCHESTER CODE OF 2TITLE OF 13 -2CHAPTER --2CTION AN ORDINANCE AMENDING ORDINANCE NO. ____ (e)605 docx.shiPPOC.Establ13 -2 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ 24.APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK __________________________ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ 024.ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2 THE CITY OFBY THE COMMON COUNCIL OF D PASSED AND ADOPTE . This ordinance shall become effective from and after its publication.2Section regarding police policy and procedure as provided by the police department. Commission members will receive relevant training, education and information (h) or clerical services may be contracted for only if approved by the common council. nt shall be made through the department's professional standards manager. Consultashall be provided by the city attorney's office. Requests for information or assistance Support staff services shall be provided by police administration and legal services (g) ent of this chapter. out the intadvisable and necessary for the conduct of its affairs and for the purpose of carrying may deem necessary. The commission shall make such rules as it may deem The commission shall elect from its members a chairperson and such officers as it (f) The commission shall meet at least four times a year.