Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
August 5, 2024 Agenda Packet
A 1?.licnuoC?ytiC?ehtfo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,4202?,51?yluJ?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo? egdelP?.sdeen?ytilibissecca?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’krel C?ytiC?eht?tcatnoc?esaelp?,gniteemlicnuoC?ytiC?eht?ni?etapicitrap?ylluf?ot?noitadommocca?elbanosaer?a?eriuqer?dna?ytilibasid?a?evah?uoy?fI?720261?:edocssaP??????2918?1454?219?:DI?ranibeW???????9976-6 26-213-1?: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?dnettA?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?00:64202?,5?tsuguAnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC4202?,51?yluJ?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B??.emit?siht?ta?elbaliava?ton?si?noitapicitrap?lautriV?.etapicitrap?ot?syaw?lanoitiddarof?senil ediug?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.WS?evA?ht51?fo?kcolb?002?eht?fo?edis?tsae?eht?no?sretem?gnikrapdda?ot?kooB?noituloseR?gnikraP?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA?.4202?,5?tsuguA?fo?sa?steerts?suoirav?no ?snoitcirtser?gnikrap?dnemaot?kooB?noituloseR?gnikraP?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA??.lavitsef?ytinummoc?a?ti?gniralced?dna?tneve?lavitseFtrA?ytiC?deM?eht?rof?noitacilp pa?timrep?tneve?laiceps?eht?gnivorppa?noituloseR?a?gnitpodA?.4202?,03?enuJgnidne?doirep?eht?rof?tropeR?ecnamrofreP?tnemtsevnI?retrauQ?dnoceS?4202?gnilif?dna?gnivieceR?.4202?,03?enuJ?gnidne?doirepeht? rof?troper?yrammus?ecnamrofreP?tegduB?retrauQ?dnoceS?4202?eht?gnilif?dna?gnivieceR?.06.591,648,42$?fo?elbayap?stnuocca?dna?97.072,273,93$?fo?sesahcrup?tnemtsevni?gnidulcni93.664,812,46$?fo?tnuoma?eht ?ni?,4202?,5?tsuguA?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA?.)noitcalicnuoC?suoiverp?a?ni?rorre?na?gnitcerroc(?7202?,03?enuJ?gnidne?mret?raey-eerht?tsrifrieht?rof?yletaidemmi?evitceffe?noiss immoC?ecivreS?liviC?eciloP?eht?ot?datsguD?yentruoC?.3.)noitca?licnuoC?suoiverp?a?ni?rorre?na?gnitcerroc(?8202?,03?enuJ?gnidnemret?raey-ruof?tsrif?rieht?rof?yletaidemmi?ylevitceffe?draoB?kraP?eht?ot?k camroC?nitraM?.2.)noitca?licnuoC?suoiverp?a?ni?rorre?na?gnitcerroc(?8202?,03?enuJ?gnidnemret?raey-ruof?dnoces?rieht?rof?yletaidemmi?evitceffe?draoB?kraP?eht?ot?rekamaR?dahC?.1:fo?stnemtnioppaer?laroy aM?eht?gnivorppA?.4202?,13?rebmeceD?gnidne?sseR?.A?fo?mret?deripxenu?eht?llif?ot?,yletaidemmievitceffe?,evitatneserpeR?htuoY-noissimmoC?ycneiliseR?dna?ytilibaniatsuS?eht?ot?narT?lliW?.7.4202?,13?rebm eceD?gnidne?nanooN?.E?fo?mret?deripxenu?eht?llif?ot,yletaidemmi?evitceffe?,noissimmoC?ycneiliseR?dna?ytilibaniatsuS?eht?ot?uaebraB?adnamA?.6.6202?,13?rebmeceD?gnidne?notloH?.D?fo?mret?deripxenu?ehtll if?ot?,yletaidemmi?evitceffe?,noissimmoC?ycneiliseR?dna?ytilibaniatsuS?eht?ot?yzniK?irreT?.5.5202?,13?rebmeceD?gnidne?drofwarC?.J?fo?mret?deripxenueht?llif?ot?,yletaidemmi?evitceffe?,noissimmoC?gnino Z?dna?gninnalP?eht?ot?tsoY?salociN?.4.5202?,13?rebmeceD?gnidne?xoF?.A?fo?mret?deripxenu?eht?llif?ot,yletaidemmi?evitceffe?,noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?eht?ot?thgirW?aluaP?.3?.5202?,03? enuJ?gnidne?elaD?.R?fomret?deripxenu?eht?llif?ot?,yletaidemmi?evitceffe?,5?draW-draoB?kraP?eht?ot?znuK?hakebeR?.2.8202?,03?enuJ?gnidne?)atpuG?.A?gnicalper(?mretraey-ruof?tsrif?rieht?rof?,yletaidemmi? evitceffe?,2?draW-draoB?kraP?eht?ot?llihetihW?aicirT?.1:fo?tnemtnioppa?laroyaM?eht?gnivorppA?kcolb?002?-?WS?evA?ht51?no?noitiddA?reteM?gnikraP.9.F4202?,5?tsuguA?rof?snoitacoL?suoiraV?ni?segnahC?noitc irtseR?gnikraP.8.FlavitseF?ytinummoC?-?lavitseF?trA?ytiC?deM.7.FtropeR?ecnamrofreP?tnemtsevnI?retrauQ?dnoceS?4202.6.FtropeR?ecnamrofreP?tegduB?retrauQ?dnoceS?4202.5.F4202?,5?tsuguA?rof?elbayaP?stnuoc cA.4.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppaeR.3.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA.2. F 3.)4202(?1?.oN?tcartnoC?renwO-ytiC?dednemA?4755J?eht?fo?noitucexe?ytiC?ot?tcejbus?",slliHdnalhgiH?fo?sdnoP?evreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tcejorP?ot?detaler?krowrof?,023,192$?rof?,debuC-G ?abd?,.cnI?,GGG?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;sdnob?etairporppa?eht?fo?noissimbuS?s'rotcartnoC?dna?,gnisahp?etairporppa?gnitcipedsnalp?desiver?fo?lavorppa?nopu?lanoitidnoc?no itucexe?ytiC?htiw?",slliH?dnalhgiH?fo?sdnoPevreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tcejorP?ot?tnemdnema?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA??227780235246?.oN?DIP?&?,427780235246?.oN?DIP?,0277803152 46.oN?DIP?,slecrap?eerht?fo?gnitsisnoc?noitaroproC?sdooF?aceneS?-?3?ytreporP?.3744580311247?.oNDIP?lecrap?fo?noitrop?fo?gnitsisnoc?)etis?MBI?remrof(?supmaC?tseW?retsehcoR?-?2?ytreporP?.2076280114257. oN?DIP??&?112530314257?.oN?DIP?,slecrap?owt?fo?gnitsisnoc?smraF?regdaB?-?1?ytreporP?.1??:0782J?.oN?tcejorP)CRSR(?xelpmoC?noitaerceR?dna?stropS?lanoigeR?eht?rof?noitaredisnoc?rednu?seitreporp?eerhtgni wollof?eht?rof?stnemeergA?esahcruP?fo?noitpmussA?dna?tnemngissA?fo?noitucexe?gnizirohtuA?.WS?tS?dr3?dna?,WS?evA?ht6?,WS?evA?ht5?fo?yaw-fo-thgir?eht?nihtiw?sknab?tcud?lacirtcele?fotnemecalp?rof?cinilC ?oyaM?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA?.tcejorP?tisnarT?dipaR?suB?KNILeht?rof?cinilC?oyaM?dna?retsehcoR?fo?ytiC?eht?neewteb?tnemeergA?esU?derahS?dna?,tnemeergAnoitc urtsnoC?detanidrooC?,1?tnemdnemA?tnemeergA?snoitarepO?secivreS?gnivorppA?.7376J?.oN?tcejorP?–?tcejorP?noitatilibaheR?nisaB?hctaC?retaW?mrotS?4202eht?rof?879,393$?fo?tnuoma?eht?ni?CLL?,NOCI?htiw?tcart noc?a?gnivorppa?noituloseR?a?gnitpodA?.9274J?.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?rof?,80.062,971$fo?tnuoma?eht?ni?CLL?,etercnoC?kcaZ-iT?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gni tpodA?.3102?dna?6002?ni?detucexe?stnemeerga?tnempolevedfo?tluser?a?sa?gnirrucco?WN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paG?klawediS?4202?ehtrof?,005,77$?fo?tnuoma?eht?ni?.oC?rennoC?elyoD?htiw?tca rtnoc?a?gnivorppa?noituloseR?a?gnitpodA??.seicilop?detaler?lla?rof?ytilibail?trot?lapicinum?no?stimil?yratenomeht?"eviaw?ton"?ot?noitpo?eht?gnitceles?dna?,draoB?srewoP?tnioJ?dehsretaW?orbmuZ?htuoSeht ?dna?,ytirohtuA?tnempoleveD?cimonocE?retsehcoR?eht?,ytiC?eht?fo?flaheb?no?mroF?reviaWytilibaiL?)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eugaeL?eht?fo?noitucexe?gnizirohtuA?4755J?.oN?tcejorP-?slliH ?dnalhgiH?fo?sdnoP?evreS?ot?stnemevorpmI?cilbuP?:tcartnoC?renwO-ytiC?dednemA.71.F0782J?.oN?tcejorP-?xelpmoC?noitaerceR?dnastropS?lanoigeR?eht?rof?stnemeergA?esahcruP?ytreporP?fo?noitpmussA?dna?tnemng issA.61.FyaW-fo-thgiR?ni?sknaB?tcuD?lacirtcelE?-?cinilC?oyaM?htiw?tnemeergA?dna?timreP?elbacoveR.51.FtcejorP?tisnarT?dipaR?suB?KNIL?eht?rof?cinilC?oyaM?eht?htiw?stnemeergA.41.F7376J?.oN?tcejorP-?tcej orP?noitatilibaheR?nisaB?hctaC?retaW?mrotS?4202?eht?rof?CLL?,NOCI?htiw?tcartnoC.31.F9274J?.oN?tcejorP?-snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?eht?rof?CLL?,etercnoC?kcaZ-iT?htiw?tcartnoC.21.FWN?rD ?enotsrehtaeWdna?WN?tS?ht55?ta?slliF?paG?klawediS?4202?eht?rof?.oC?rennoC?elyoD?htiw?tcartnoC.11.FmroF?reviaW?ytilibaiL?)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eugaeL.01. F 4????.)retneC?esU?dexiM(?C-XM?ot?)lairtsudnI?thgiL(?IL?morf?serca?37.4?gninozer?,.CLL?,sesirpretnEttenrA?yb?CZ100-4202DC?.oN?egnahC?enoZ?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR????.gnidaer?tsrif? rof?ecnanidrO?na?eraperp?ot?eciffo?s'yenrottA?ytiC?eht?gnitceriD?.2.ssel?ro?ruoh?rep?selim?52?fo?timil?deeps?a?htiw?teerts?ytiCyna?no?strac?flog?fo?noitarepo?dna?gnittimrep?rof?wolla?ot?"straC?floG?d ezirotoM?.2-11?.hC")OCR(?secnanidrO?fo?edoC?retsehcoR?ot?stnemdnema?ecnanidrO?desoporp?gnivorppA?.1??.stoltuoeerht?dna?stol?laitnediser?82?otni?serca?08.44?fo?noisividbus?eht?rof?,htruoF?yellaV?yrutn eC?sanwonk?eb?ot?,enyaP?regoR?yb?TALP810-4202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA???.emit?siht?ta?elbaliava?ton?si?noitapicitrap?lautriV?.etapicitrap?ot?syaw?lanoitiddarof?senilediug?gni raeH?cilbuP?weiV?.gniteem?eht?erofeb?setuniM?03?nosreP?nI?pu-ngiS?.enilno?senilediug?gniraeh?cilbup?eht?weiV senilediuG?gniraeH?cilbuP.saerA?ecivreS?nabrUytiC?ot?edam?eb?yam?tnemdnema?na?erofeb?lavor ppa?ytiC?seriuqer?taht?egaugnal?ycilop?ytnuoCtnerruc?eht?fo?ecnatropmi?eht?dlohpu?dna?ezingocer?ot?srenoissimmoC?ytnuoC?detsmlO?ehtgnigru?A?tnemhcattA?sa?detaroprocni?noitisoppO?fo?mudnaromeM?eht?hti w?noituloseR?a?gnitpodA?tnemnruojdA.NssenisuB?rehtO.MsmetI?delbaT.LsgnidaeR?dnoceS?ecnanidrO.K CLL?,sesirpretnE?ttenrA?yb?,CZ100-4202DC?.oN?egnahC?enoZ.1.J sgnidaeR?tsriF?ecnanidrO.JsnoitcA?detaitinI ?licnuoC.I straC?floG?dezirotoM.2-11?retpahC?secnanidrO?fo?edoC?retsehcoR?ot?stnemdnemA?ecnanidrO?desoporP.1.H snoitadnemmoceR?dna?stropeR.H htruoF?yellaV?yrutneC?sa?nwonk?eb?ot?TALP810-4202DC?.oN?ta lP?laniF.1.G sgniraeH?cilbuP.G aerA?ecivreS?nabrUeht?nihtiw?stnemdnemA?nalP?esU?dnaL?ytnuoC?evorppA?ot?stnemeriuqeR?ytiC?etanimilEot?tnemdnemA?txeT?nalP?esU?dnaL?lareneG?ytnuoC?detsmlO?gnisoppO?mudna romeM.81. Action Plan 5 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 6 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 7 4202?,51?yluJ?fo?gniteeM?licnuoC?ytiC?-?TFARD?setuniM:stnemhcattA egroFaL?lehcaR:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapm I?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?eht ?fo?drocer?laiciffo?eht?era?setuniM?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,4202?,51?yluJ?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F4202?,5 1?yluJ?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE City Council 8 llaC lloR/redrO ot llaC)B ritten Public Comment OttW Speaker 1 handoutperiod was closed.commentpublic open the speak, to ed wishwho persons other no Hearing 1. Diana Friemann called to speak.wasperson following the and opened was period comment public open The 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 PresentMark BransfordPresentahlNorman WPresentKelly Rae KirkpatrickPresentShaun PalmerPresentMolly DennisPresentBrooke Carlson StatusAttendee NameMINUTESCity Council ACITY OF ROCHESTER, MINNESOT- July 15, 2024 Patrick Keane 9 Appointments to Boards and Commissions .4)F Cover Page$30,560,038.15 and accounts payable of $21,427,428.72.ofpurchases investment including of amount the in2024, 15, July for disbursements total of listing the roved App Official Act:Accounts Payable for July 15, 2024 .3)F Minutes DRAFT for City Council Special Meeting of June 24, 2024 Cover Pageficial record of the City Council.Meeting of June 24, 2024, as the ofCouncilCity Special the of video and minutes the Accepted Act:Official Minutes for the Special City Council Meeting of June 24, 2024 .2)F Minutes DRAFT - City Council Meeting of June 17, 2024 Cover Pageficial record of the City Council.meeting as the ofCouncil2024, 17, June the of video and minutes the Accepted Official Act:Minutes for the City Council Meeting of June 17, 2024 .1)F.10.Council Member Dennis pulled item F adnegA tnesnoC)F Motion to Approve the Order of Agenda.adnegA fo redrO)E s Report for July 15, 2024’Mayor tropeR s’royaM)D s Report for July 15, 2024’Administrator tropeR s’rotartsinimdA ytiC)C APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Dennis, Molly Carlson, Brooke YES:A Kelly Rae Kirkpatrick SECONDER:Shaun Palmer MOVER:PresentKim NortonPresent Official Act:10 Cover Pageappoint additional election judges, as needed.toClerk City the authorizing and Election Primary 2024, 13, st Auguthe forjudges election approving 125-24No. Resolution Adopted Act:Official Election Judges for the August 13, 2024, Primary Election .8)F Cover Pagedeclaring the events as community festivals.andSeries Concert Park Neighborhood ARD forWthe for plication appermit eventspecial the approving 124-24No. Resolution Adopted Act:Official ARD Neighborhood Park Concert Series: Community Festival forW.7)F Cover Page.Bull's Bierhaus located at 130 Elton Hills Drive NWofout operating 1091, Lodge Elks Rochester for permit gambling annual premisesinitial an authorizing 123-24No. Resolution Adopted Act:Official s Bierhaus Annual Gambling Permit - Rochester Elks Lodge at Bull’.6)F Cover Pageimmediately for a second three-year term ending June 30, 2027.fectiveefCommission Service Civil e Policthe to Dugstad ourtney C3. year term ending June 30, 2027. three-first a for immediately fectively ef BoardPark the to Cormack rtin Ma2. three-year term ending June 1, 2027. ondseca for immediately fective efBoard Park the to r RamakeChad 1. Approved the Mayoral reappointments of:Official Act:Reappointment to Boards and Commissions .5)F Cover Pageerror in a previous Council action).an(correcting 2026 31, March ending term first his complete to , immediatelyfectiveefCommission, Service Civil Firethe to ann McGel Micha5. 2024.31,December ending Southwick M. of term unexpired the fill to , immediatelyctivefeefCommission, Oversight Policy Police the to Snyder ruce B4. 2026.31,December ending Kesler B. of rm teunexpired the fill to , immediatelyctivefeefCommission, Oversight Policy Police the to Patel almik V3. unexpired term of L. Flores ending December 8, 2024.thel filto , immediatelyfective ef3, ard -WBoardMusic the o tBrooks nnis De2. unexpired term of O. Mohamed ending January 1, 2027.the fillto , immediatelyfective efBoard, Library the to aters Wimothy T1. Approved the Mayoral appointment of: F 11 forHunt Mead with agreement services rofessional puthorized A1. Official Act:Phase 4 at the Rochester International Airport (RST) -Reconstruction (02/20) 03/21 Runway for and Services Administration Constructionfor Agreement Services Professional and Acceptance Grant .12)F Reconstruction - Phase 4(02/20)03/21 Runway for Acceptance Grant AA FResolution Reconstruction - Phase 4(02/20)03/21 Runway for Acceptance Grant State Resolution abulation - RST Runway 3-21 Phase 4Bid T Bid Summary - RST Runway 3-21 Phase 4 Reconstruction - Phase 4(02/20)03/21 Runway for Letter Recommendation Bid Letter Cover Pagewith the revised details will be added at that time.versionsexecuted to Links amounts. funding exact provides Administration viationAFederal the when 2024) September (approximately date laterat executed be will 127-24 and 126-24 Nos. Resolution Clerk's Note: AA).Administrationviation AFederal the with agreements grant of execution izingauthorand grant the accepting 127-24No. Resolution dopted A3. ransportation (MN/DOT).TDepartment Minnesota the with agreements grant of execution izingauthorand grant the accepting 126-24No. Resolution dopted A2. funding, for the Runway 03/21 (02/20) Reconstruction Project - Phase 4; andAA)Administration viation AFederal of availability the on dependent nly)o(Schedule $10,017,451.50 or chedules $14,517,345.90 ithereof amount the in Sons Hentges SM to contract warded A1. Official Act:International Airport (RST) sterRochethe at Phase Reconstruction (02/20) 03/21 Runway for and Sons Hentges SM to ward AContract and ceptance Grant FInternational Airport Service Incentive Program - Policy UpdatesterRochediscussion) for H.2 to ved and Consent from led pul(item .10)F itle VI Policy StatementAgreement - RST T Cover Pageitle VI of the Civil Rights Act of 1964.International Airport's compliance with TRochesterand Rochester of City the of ion firmat doptedA Act:Official Civil Rights Act of 1964 theof VI itle Tof firmation Rochester of Airport/City International Rochester .9) construction 12 aborLEnforcement Law – Agreement Bargaining e Collectiv2025-27 .16)F Cover Pageficers, for the years 2025-27.Labor Services, Local 194 – Police OfEnforcementLaw the with agreement bargaining collective the to changes recommendedthe g pprovina 128-24No. Resolution Adopted Act:Official ficers Services, Local 194 – Police OfaborLEnforcement Law – Agreement Bargaining e Collectiv2023-25 .15)F Agreement - 2024 Policy Chief Amended Employment Agreement Cover PagePolice Chief James Franklin.foragreement employment amended 2024 the ed Authoriz Act:Official 2024 Police Chief Amended Employment Agreement .14)F Agreement - Change Order No. 1 - BP Pipeline Project Cover PageProject.tionRelocaPipeline III Phase 03/21 ay Runwthe for $5,124.60 for Pipelines PetroleumBritish with 1 No. Order Change Authorized Act:Official British Petroleum (BP) Pipelines. with#1 Order Change - Project location RePipeline III Phase 03/21 Runway .13)F Reconstruction - Phase 4(02/20)03/21 Runway for Acceptance Grant AA F- Resolution Reconstruction - Phase 4(02/20)03/21 Runway for Acceptance Grant State - Resolution ward - Mead & HuntContract - RST Phase 4 Grading Partial A ward - Mead & HuntContract - RST Phase 4 Grading Full A Cover Pagewith the revised details will be added at that time.versionsexecuted to Links amounts. funding exact provides viationAFederal the when 2024) September date latera at executed be will 145-24 and 144-24 Nos. Resolution Clerk's Note: AA).(FAdministrationviation AFederal the with agreements grant of execution authorizingand grant the accepting 145-24 No. Resolution dopted A3. execution of grant agreements with the State of Minnesota.authorizingand grant the accepting 144-24 No. Resolution dopted A2. Reconstruction - Phase 4 at the Rochester International Airport (RST) and /20)(0203/21 Runway for ices servinistration adm Services, Local 445 – Police Sergeants 13 December 8, 2015, for placement of footings within a utility easement.datedagreement under rust TRevocable Lunn L. Mary and Lunn D. Edward the oftrustees as Lunn L. Mary and LunnD. Edward with agreement") ("theagreement and t permirevocable a zed uthoriA Act:Official Footings in Utility Easement -st ruTRevocable Lunn L. Mary and Lunn D. dward Ethe of rustees TasLunn L. Mary and Lunn D. Edward with Agreement and Permit Revocable .21)F ImprovementsandRestoration 90 Pond ater Wtorm SJ6738, - Map ocation LProject Cover PageJ6738.No.Project – Improvements and tion Restora90 Pond City for opening bidof scheduling and bids for advertisement the ed Authoriz Act:Official No. J6738 Project- Improvements and Restoration 90 Pond City – dvertisementABid .20)F Cover Pagelighting.andracks bike including amenities al additionand pads, bus compliant ADAshelters, bus new of installation the include that ovements imprstop busof construction for ids bfor advertisement the Authorized Act:Official Bid Advertisement - Bus Stop Improvement Project - Project No. J2092 .19)F Cover Pagecovering multiple locations for 2024-2028.servicesremoval snow for a.m. 1:00 1at 2024, 6, August on opening bida scheduling and bids for advertisement the horized Aut Act:Official Bid Advertisement - Snow Removal Services 2024-2028 .18)F Cover Pageficer grant program.fic Safety Ofrafear 2025 DWI/T, for the Fiscal YSafetyficrafTof fice Of, SafetyPublic of Department Minnesota the with agreement rantga into enter and accept, , forapply to (RPD) epartment DPolice Rochesterthe horizing aut 130-24No. Resolution Adopted Act:Official Grant Program ficerOfSafety fic rafDWI/TSafety Public of Department N M2025 ear YFiscal .17)F Cover PageLabor Services, Local 445 – Police Sergeants, for the years 2025-27.EnforcementLaw the with agreement bargaining collective the to changes recommendedthe g pprovina 129-24No. Resolution Adopted Act:Official Cover Page 14 Disinfection Basin Upgrade - Project No. J4412Plantater WRochester he tfor LLC Midwest, AP - Contract Cover PageReclamation Plant Disinfection Basin Upgrade - Project No. J4412.aterWRochester the of Construction e thfor $2,322,000 for LLC Midwest, APwith contract a approving 132-24No. Resolution Adopted Act:Official Plant Disinfection Basin Upgrade - Project No. J4412 Reclamationater WRochester the for LLCMidwest, AP - ward AContract .25)F MnDOT - North Broadway Reconstruction Project - Project No. J7341withConstruction in Participation Federal - 1057346 No. greement AAgency Cover PageJ7341.No.Project - Project Reconstruction y BroadwaNorth the in participation Federalfor ransportation Tof epartment DMinnesota the with346 1057No. AgreementAgency 131-24No. Resolution Adopted Official Act:North Broadway Reconstruction Project - Project No. J7341 thefor ransportation Tof Department Minnesota with Agreement Agency .24)F easeWMin fence - Inc. Menard - Agreement & Permit Revocable - Agreement Cover Pagewatermain utility easement.ain withfencing of placement the r foInc. Menard, with ("theAgreement and Permit Revocable a Authorized Act:Official atermain Easement Wain Fencing for Inc. Menard, with Agreement and t PermiRevocable .23)F sign in Center St W ROW-LC Lvenue A2nd 20 KAH - Agreement & Permit Revocable - Agreement Cover Page.within the Center St W right-of-waysignbusiness a of placement for LLC venue A2nd 20 KAH with ('"theagreement and permitrevocable a zed uthoriA Act:Official ay Sign in Center St W Right-of-WessBusin- LLC venue A2nd 20 KAH with Agreement and Permit Revocable .22)F EasementUtilityin Footings - rust TLunn - Agreement & Permit Revocable - Agreement F 15 and Alley - Project No. J5619ve A1st between Improvements er SewStorm NW S1st Agreement Cover Pageand insurance documentation.bondappropriate the of submission Contractor's and documents, Contract execution full Contractor's and Owner the upon conditional execution Citywith ," Alleyand NW ve A1st tween Improvements Sewer StormNW "1st J5619, No. Project for contract City-Owner Authorized Official Act:ve NW and Alley - Project No. J5619 A1stbetween Improvements Sewer Storm NW St 1st Contract: City-Owner .29)F ransit Inc 8th AmendmentContract Amendment - First T Attachment C - Microtransit Pilot Attachment B - Cost Proposal Microtransit orksheets RatesAttachment A - Cost Proposal W Cover PageOperating Agreement to add microtransit services.Inc.ransit, TFirst the amendt 134-24No. Resolution Adopted Official Act:ransit, Inc. Microtransit Pilot Contract Amendment No. 8: First T.28)F ransitTRapid Bus Amendment 7th Inc ransit TFirst ent AmendmContract orksheetsT Cost Proposal WExhibit A - BR Cover PageT) services.ransit (BROperating Agreement to add Bus Rapid TInc.ransit, TFirsthe nding ame 133-24No. Resolution Adopted Official Act:ransit ransit, Inc. Bus Rapid TContract Amendment No. 7: First T.27)F eamResponse THazmatState Minnesota for Extension Contract 2024 Agreement Cover PageTP) until June 30, 2025.(HMRRProgrameam TResponse Regional Materials Hazardous Safety Public of DepartmentMinnesota the through T) (HMReam TResponse Hazmat State Minnesotaas serving continue to D) (RFDepartment Fire ochester Rthe forMinnesota of State the witextension contract Authorized Official Act:eam Contract Extension for Minnesota State Hazmat Response T.26) MOVER:16 ChangeZone LLC. Enterprises, Arnett - CD2024-001ZC - Narrative Applicant ChangeZone LLC. Enterprises, Arnett - CD2024-001ZC - Map Location ChangeZone LLC. Enterprises, Arnett -CD2024-001ZC - Map Notification ngeChaZone LLC. Enterprises, Arnett - CD2024-001ZC - T CD Memo - CD2024-001ZC - Arnett Enterprises, LLC. Zone Change Cover PagePlanner McGeough answered questions about the item.the public hearing was closed.eak,spto wished who no aring Hewas public The item.the presentedKimley-Horn with Scrimshaw Jason represes Applicant’Planner Desmond McGeough presented the item.2. Directed the City Attorney to prepare an Ordinance for first reading.rezoning 4.73 acres from LI (Light Industrial) to MX-C (Mixed Use Center).LLC.,Enterprises , Arnett by 024-001ZC CD2No. Change Zone Approved 1. Official Act: Zone Change No. CD2024-001ZC, by Arnett Enterprises, LLCG.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-ngiSsenilediuG gniraeH cilbuPsgniraeH cilbuP)G.29.1-F.1.1-FMotio n to Approve in block items F ve NW and Alley - Project No. J5619between 1st AImprovementsSewer Storm NW St 1st - Coversheet Plan and Map Location APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:17 illageest TT Rochester WSite Location Map - CD2024-007PLA illageest TT Rochester WNotification Map - CD2024-007PLA lageilVransit Test WRochester T CD2024-007PLA- ess ProcDevelopment illageVransitTest WRochester T 2024-007PLACD- Memo pment DeveloCommunity Cover Pagethe public hearing was closed.eak,spto wished who no aring Hewas public The item.the presentedKimley-Horn with Scrimshaw Jason represes Applicant’Planner Elliot Mohler presented the item..Country Club Rd W9052at three and lots le developabtwo into land of acres 16 ofsubdivision the for conditions, seven with Vransit Test WRochester asknown be to Mayo by TCD2024-007PLANo. Subdivision LandMajor approving 135-24No. Resolution Act:Official illageest Tas Rochester Wknownbe to Mayo by , TCD2024-007PLANo. Subdivision Land Major G.2)firstfor Ordinance an to rney AttoCity the Directing and Center), Use(Mixed MX-C to Industrial) (Light LI from acres 4.73 oning rezLLC., ises,EnterprArnett by CD2024-001ZC No. Change Zone toMotion Change - Cinemagic Zone ChangeZone LLC. Enterprises, Arnett - 01ZC - CPZC LLC. Zone ChangeEnterprises,Arnett - CD2024-001ZC - Criteria Amendment Map Zoning Zone ChangeLLC. Enterprises, Arnett - CD2024-001ZC - Comments Review Agency able - CD2024-001ZC - Arnett Enterprises, LLC. Zone ChangeUse T NIM Mintues - CD2024-001ZC - Arnett Enterprises, LLC. Zone Change ChangeZone LLC. Enterprises, Arnett - 1ZC CD2024-00- Change Zone APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:18 AC Ponderosa Pineacation Legal Description - CD2024-003VV AC Ponderosa PineNotification Map - CD2024-003V AC Ponderosa PineDevelopment Process - CD2024-003V AC Ponderosa PineCommunity Development Memo - CD2024-003V Cover Pageointon answered questions about the item.s representative TApplicant’Planner Mohler answered questions about the item.the public hearing was closed.eak,spto wished who no aring Hewas public The item.thepresented ointon TBill WSB at Senior representative s Applicant’Planner Elliot Mohler presented the item..concurrentlyheldwere G.4 and G.3 items for hearings public the Note:subdivision.HeightsRidge Pine previous the with associated easements and right-of-waypublic the vacate to LLC est WSouth Pine by AC CD2024-003VNo.Peti tion Vapproving Resolution No. 136-24 Adopted Official Act: est LLCAC by Pine South Wacation Petition No. CD2024-003VVG.3)Motion to Approve the item. illageVransit Test WRochester T CD2024-007PLA- CPZC illageest TT Rochester WMLS Criteria - CD2024-007PLA illageest TT Rochester WReview Comments - CD2024-007PLA illageest TT Rochester WNIM Minutes - CD2024-007PLA illageest TT Rochester WApplicant Narrative - CD2024-007PLA illageVransitTest WRochester T CD2024-007PLA- Subdivision Land Major APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:19 T Ponderosa PineReview Comments - CD2024-009PLA T Ponderosa PineFinal Plat Exhibit - CD2024-009PLA T Ponderosa PineSite Location Map - CD2024-009PLA T Ponderosa PineNotification Map - CD2024-009PLA T Ponderosa PineDevelopment Process - CD2024-009PLA T Ponderosa PineCommunity Development Memo - CD2024-009PLA Cover Pageointon answered questions about the item.s representative TApplicant’Planner Mohler answered questions about the item.the public hearing was closed.eak,spto wished who no aring Hewas public The item.thepresented ointon TBill WSB at Senior representative s Applicant’Planner Elliot Mohler presented the item..concurrentlyheldwere G.4 and G.3 items for hearings public the Note:residential lots located southeast of Ponderosa Pl NW and west of Hwy 52.22o intland of acres 6.79 of re-subdivision the for ditions, contwo with Pine, Ponderosaas known be to LLC, est WSouth Pine by T CD2024-009PLANo.Plat Final approving 137-24No. Resolution Act:Official Ponderosa Pine asn knowbe to LLC, est WSouth Pine byT CD2024-009PLANo. PlatFinal G.4)easements associated with the previous Pine Ridge Heights subdivision.utilityand right-of-way public the vacate to LLC est WSouth Pine by AC 003V024-CD2No. Petition Vapproving Resolution a Adopt toMotion AC Ponderosa PineCPZC Meeting Minutes - CD2024-003V AC Ponderosa PineReview Comments - CD2024-003V AC Ponderosa Pineacation Exhibit - CD2024-003VV AC Ponderosa PineSite Location Map - CD2024-003V APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:20 Norsq Rochesterasknown be to Companies, Norsq by , TCD2024-016PLANo. t PlaFinal G.6)subdivision of 44 residential lots and one outlot on 7.94 acres.forconditions, two with est, Was known be to C, LLomes HbyT CD2024-015PLANo. Plat Final approving Resolution a Adopt to Motion tPlaFinal est W- T CD2024-015PLA- Comments eview RAgency est Final PlatT - Harvest WApplicant Narrative - CD2024-015PLA est Final PlatT - Harvest WFinal Plat Exhibit - CD2024-015PLA est Final PlatT - Harvest WLocation Map - CD2024-015PLA est Final PlatT - Harvest Wimeline - CD2024-015PLADevelopment T est Final PlatT - Harvest WCD Memo - CD2024-015PLA Cover Pagethe public hearing was closed.eak,spto wished who no aring Hewas public The presented the item.es,Homof president Paradise, Mike entative repress Applicant’Planner Desmond McGeough presented the item.7.94 acres.ont outloone and lots residential 44 of subdivision for s, conditiontwo with est,Was known be to LLC, Homes by T CD2024-015PLANo.Plat Final approving 138-24No. Resolution Act:Official estHarvest Wasknown be to LLC, Homes by T CD2024-015PLANo. Plat Final G.5)southeast of Ponderosa Pl NW and west of Hwy 52.atedloclots residential 22 into land of acres6.79 of ion re-subdivisthe for ons,condititwo with Pine, Ponderosa as known be to LLC, est Wth SouPine byT CD2024-009PLANo. Plat Final approving Resolution a Adopt to Motion APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:21 ade answered questions about the item.RAEDI President John Wthe public hearing was closed.eak,spto wished who no aring Hewas public The Senior Administrative Planner Brent Svenby presented the item.Minnesota Department of Employment and Economic Development.thefrom for Cytotheryx for application (JCF) Fund Job Minnesota the supporting 141-24No. Resolution 2. Minnesota Department of Employment and Economic Development.thefrom for Cytotheryx for application (MIF) Fund InvestmentMinnesota the supporting 140-24No. Resolution 1. Official Act: Development Applications for Cytotheryx for Local Expansionand Employment of nt Minnesota of G.7)T with the eight conditions.Motion to Approve Final Plat No. CD2024-016PLA T - Norsq Rochester Final PlatAgency Comment - CD2024-016PLA T - Norsq Rochester Final PlatFinal Plat Exhibit - CD2024-016PLA T - Norsq Rochester Final PlatLocation Map - CD2024-016PLA T - Norsq Rochester Final PlatNotification Map - CD2024-016PLA T - Norsq Rochester Final Platimeline - CD2024-016PLAT T - Norsq Rochester Final PlatCD Memo - CD2024-016PLA Cover PageCity Engineer Dillon Dombrovski answered questions about the item.the public hearing was closed.eak,spto wished who no aring Hewas public The Group, presented the item.Measureof Principal and , Josh representative s Applicant’Planner Desmond McGeough presented the item.with eight conditions, for the subdivision of 18.54 acres into two blocks.,RochesterNorsq as known be to Companies, Norsq by T CD2024-016PLANo.Plat Final approving 139-24No. Resolution Act:Official APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Shaun Palmer MOVER:22 the Home Ownership Creation Program.viahomes for-sale 201 of creation the rt suppoto development Ridge the to$4,000,000 of contribution the ing approvResolution a Adopt to Motion fordable Housing Agreement - Prairie RidgeMaster Af Home Ownership Creation Program Application - Prairie Ridge Dwelling Concept Floorplans and Elevations - Prairie RidgeGeneral Development Concept Plan - Prairie Ridge Cover Page Presentation - Homeownership Creation Program - Prairie Ridgeanswered questions.anditem the presented WIrene Director Development Community for-sale homes via the Home Ownership Creation Program.201of creation the to development Ridge the to $4,000,000 ofcontribution the approving 142-24No. Resolution Act:Official Home Ownership Creation Program - Prairie Ridge RecommendationH.1)snoitadnemmoceR dna stropeR)H Department of Employment and Economic Development.Minnesotathe from for Cytotheryx for application (JCF)Fund Creation Job Minnesota the supporting Resolution a g Adoptin2. Department of Employment and Economic Development, andMinnesotathe from for Cytotheryx for application MIF)(Fund Investment Minnesota the supportingResolution a ng Adopti1. A two-part Motion: Development Applicationsand Employment of Department Minnesota - Presentation Cover Page APPROVED \[UNANIMOUS\]:TRESU L ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:23 Motion to Approve the item. Cover PageCity Attorney Michael Spindler-Krage gave the second reading., small lot) zoning.designate the area for R2 (low densityandincorporated Rochester of City the into acres 35 of annexation the forUniversalist Unitarian First by CD2024-002ANX, No. Ordinance byAnnexation approving 4538No. Ordinance Act:Official Annexation No. CD2024-002ANX, by First Unitarian Universalist ChurchK.1)sgnidaeR dnoceS ecnanidrO)KsgnidaeR tsriF ecnanidrO)JsnoitcA detaitinI licnuoC)I Motion to Approve the item. Exhibit - Air Service Incentive Policy - Updated Exhibit - RST Air Service Incentives - Existing Policy Cover PageCity Administrator Alison Zelms answered questions about the item.Service Incentive Program Policy update.the approving 143-24No. Resolution Act:Official Program - Policy UpdatetiveIncenInternational Rochester .10) FItem (formerly H.2)The meeting reconvened at 7:15 p.m.The meeting went into recess at 7:07 p.m.0 - 1\]APPROVED \[6 - :TRESUL Molly Dennis AIN:ABST ahl, Mark Bransford, Patrick KeaneKirkpatrick,Rae elly K, PalmerShaun Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Patrick Keane SECONDER:Shaun Palmer MOVER:24 Motion to Approve the item. Cover PageCity Attorney Michael Spindler-Krage gave the second reading..ayne Stillman Parkway SWMemorial, to WranseteVField Soldiers of proximity the in , SWSt 7th and SW ve A2nd ofsections ay roadwe renamo t 4541No. Ordinance Act:Official Stillman Parkway SWayneWto SW St 7th and SW ve A2nd of A Name K.4)Motion to Approve the item. Cover PageCity Attorney Michael Spindler-Krage gave the second reading.located northwest of the intersection of East River Road NE and 44th St NE.(LI),Industrial Light as property the nate desigand site 9.5-acre a incorporate toInc., & Sand Rochester by CD2024-003ANX, No. Ordinance byAnnexation approving 4540No. Ordinance Act:Official Annexation Petition No. CD2024-003ANX by Rochester Sand & Gravel, Inc.K.3)Motion to Approve the item. Cover PageCity Attorney Michael Spindler-Krage gave the second reading.Ch.Statutes State Minnesota with e compliancin limits city Rochester ithinwproperty all on controlled be weeds all ire requand height,in 12" exceed not only turf of height the e requirlandscapes, naturalfor allow to eeds Wand Grass all T8-5. er ChaptOrdinances ofCode Rothe nding ame 4539No. Ordinance Official Act: Statute 412.925 Native LandscapesStateMinnesota new the with align to eeds Wand Grass all T-5 8Ordinancesof Code Rochester to Amendmentsnce OrdinaProposed K.2)APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:25 The meeting adjourned at 8:17 p.m.Motion to Adjourn.tnemnruojdA)N City Administrator Zelms answered questions from Council.Deputy City Administrator Steinhauser answered questions from Council.City Attorney Spindler-Krage spoke to procedure.use for City services like the parking ramp.tois payments forced of form new this equitable how into look f stafhave to Motion City Attorney Michael Spindler-Krage spoke to procedure.Deputy City Administrator Cindy Steinhauser answered questions from Council.motion.theto spoke Zelms Alison Administrator City vote, the and motion the , February 28, 2025."The Sound of Gospel" to Rochester on Fridayin NAACP the of branch Rochester's to of amount the in theby consideration for possibilities bring to f stafask to Motion ssenisuB rehtO)MsmetI delbaT)L APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:The motion failed due to the lack of a second:TRESUL None SECONDER:Molly Dennis MOVER:2\]APPROVED \[5 - :TRESUL Brooke Carlson, Patrick Keane YS:NA ahl, Mark BransfordKirkpatrick,Rae Kelly , PalmerShaun Molly YES:A Kelly Rae Kirkpatrick SECONDER:ahl MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane __________________________________26.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 M 27 fo?snaem?derreferp?reh?era?gnikib?dna?gniklaw?,tnediser?denruter?dna?evitan?retsehcoR?.thgirW?aluaP?noissimmoC?ekiB?dna?nairtsedeP?.draoB?kraP?eht?nehtgnerts?ylno?nac?snoitaler?cilbupni?gniniart ?dna?,noitadnuoF?kraP?eht?no?dnuorgkcab?a?,evitcepsrep?tnerap?a?gnignirB?.znuK?hakebeR?5?draW?draoB?kraP?.draoB?kraP?eht?ot?tessa?na?eb?lliw?ecivres?cilbuprof?erised?dna?noitaercer?roodtuo?rof?noissa p?reh?,esitrepxe?lagel?htiw?revlos?melborp?A?.llihetihW?aicirT?2?draW?draoB?kraP??.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppasweiver?royaM?ehT?.stnemeriuqer?ycne diser?deificeps?teem?ot?deriuqer?eb?yam?dna?,ega?fo?sraey?81eb?tsum?,gniylppa?era?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?ehtetubirtnoc?ot?gnilliw?eb?,yticapac?ree tnulov?a?ni?ytinummoc?rieht?evres?ot?erised?a?evah?tsum?stnacilppA.snoissimmoc?dna?sdraob?ytiC?suoirav?no?evres?ot?sreetnulov?skees?licnuoC?ytiC?retsehcoR?ehT:evitarraN?tropeR.4202?,13?rebmeceD?gnidn e?sseR?.A?fo?mret?deripxenu?eht?llif?ot?,yletaidemmievitceffe?,evitatneserpeR?htuoY-noissimmoC?ycneiliseR?dna?ytilibaniatsuS?eht?ot?narT?lliW?.7.4202?,13?rebmeceD?gnidne?nanooN?.E?fo?mret?deripxenueh t?llif?ot?,yletaidemmi?evitceffe?,noissimmoC?ycneiliseR?dna?ytilibaniatsuS?eht?ot?uaebraB?adnamA?.6.6202?,13?rebmeceD?gnidne?notloH?.D?fo?mret?deripxenueht?llif?ot?,yletaidemmi?evitceffe?,noissimmoC? ycneiliseR?dna?ytilibaniatsuS?eht?ot?yzniK?irreT?.5.5202?,13?rebmeceD?gnidne?drofwarC?.J?fo?mretderipxenu?eht?llif?ot?,yletaidemmi?evitceffe?,noissimmoC?gninoZ?dna?gninnalP?eht?ot?tsoY?salociN?.4.520 2?,13?rebmeceD?gnidne?xoF?.A?fo?mret?deripxenueht?llif?ot?,yletaidemmi?evitceffe?,noissimmoC?yrosivdA?elcyciB?dna?nairtsedeP?eht?ot?thgirW?aluaP?.3?.5202?,03?enuJ?gnidne?elaD.R?fo?mret?deripxenu?eht? llif?ot?,yletaidemmi?evitceffe?,5?draW-draoB?kraP?eht?ot?znuK?hakebeR?.2.8202?,03?enuJ?gnidne?)atpuG?.A?gnicalper(mret?raey-ruof?tsrif?rieht?rof?,yletaidemmi?evitceffe?,2?draW-draoB?kraP?eht?ot?llihe tihW?aicirT?.1:fo?tnemtnioppa?laroyaM?eht?gnivorppA:detseuqeR?noitcA???2.FsnoissimmoC?dna?sdraoB?ot?stnemtnioppA NOITCA?ROF?TSEUQER notroN?miK?royaM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAroyaM?eht?fo ?eciffO:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE t 28:stnemhcattA egroFaL?lehcaR:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcapmi?lacsif?oN:tcapmI?ecruoseR?&?lacsiF?.elbaliava?emoceb?snoitisop?sa?sisab?enit uor?a?no?edam?era?stnemtnioppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitatneserper?ytinummocesrevid?erusne?ot?srebmem?noissimmoC?dna?draoB?fo?yevrus?launnaib?a?setelp moc?royaM?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.erutuf?elbaniatsus?a?gnitaerc?tuoba?ylpeed?seracdna?stneve?gnidl iub?ytinummoc?srobhgieNR?ni?devlovni?neeb?sah?lliW?,MJ?morf?tneduts?A?.narT?lliW?evitatneserpeR?htuoY?noissimmoC?ytilibaniatsuS?.aera?siht?ni?dael?ot?troffe?slicnuoC?ytiC?eht?troppus?dnasnoitca?elban iatsus?erom?htiw?drawrof?evom?ytinummoc?dna?ytic?eht?pleh?ot?sehsiW?.uaebraB?adnamA?noissimmoC?ytilibaniatsuS?.ytic?ruo?ni?tsevni?ot?tseretni?dna?emit?eht?sah?dnuorgkcab?hcraeser?dna?cimedacagnorts?a ?htiw?redael?siht?,tnemnorivne?eht?gnitcetorp?dna?stsoc?gniganam?fo?laog?eht?htiW?.yzniK?irreT?noissimmoC?ytilibaniatsuS?.ycilop?tnempoleved?slicnuoC?ytiC?eht?troppus?ot?hcaorppa?lufthguoht?a?gnirb?n aC?.awoIni?sdraob?rehto?dna?slaeppA?fo?draoB?a?no?yrotsih?a?htiw?yenrotta?etatse?laer?decneirepxE?.tsoY?salociN?gninoZ?dna?gninnalP?.tniopweiv?dedeen?a?edivorp?nac?sevitcepsrep?nairtsedep?dna?rellort S?.noitatropsnar M 29.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.tcapmi?lacsif?tcerid?oN:tcapmI?ecruoseR?&?lacsiF??.ytinummoceht?segagne?ytiC?eht?yaw?eno?era?stnemtnioppaer?dna?stnemtnio ppa?noissimmoC?dna?draoB:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.detneserper?si?ytinummocesrevid?ruo?erusne?ot?srebmem?noissimmoC?dna?draoB?fo?yevrus?IED?launnaib?a?setelpmoc?royaM?ehT:tcap mI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.tnemtnioppa?dna?lavorppa?licnuoC?ytiC?rof?stnacilppa?sweivretni?dna?snoitacilppa? sweiver?royaMehT?.stnemeriuqer?ycnediser?deificeps?teem?ot?deriuqer?eb?yam?dna?,ega?fo?sraey?81?eb?tsum?,gniylppaera?yeht?hcihw?ot?noissimmoc/draob?ralucitrap?eht?rof?yrassecen?sruoh?fo?rebmun?eht?et ubirtnoc?otgnilliw?eb?,yticapac?reetnulov?a?ni?ytinummoc?rieht?evres?ot?erised?a?evah?tsum?stnacilppA?.snoissimmoCdna?sdraoB?suoirav?no?evres?ot?sreetnulov?skees?NM?,retsehcoR?fo?ytiC?eht?fo?licnuoC? nommoC?ehT:evitarraN?tropeR.)noitca?licnuoC?suoiverp?a?ni?rorre?na?gnitcerroc(?7202?,03?enuJ?gnidne?mret?raey-eerht?tsrif?rieht?rof?yletaidemmi?evitceffe?noissimmoC?ecivreS?liviC?eciloP?eht?ot?datsgu D?yentruoC?.3.)noitca?licnuoC?suoiverp?a?ni?rorre?na?gnitcerroc(?8202?,03enuJ?gnidne?mret?raey-ruof?tsrif?rieht?rof?yletaidemmi?ylevitceffe?draoB?kraP?eht?ot?kcamroC?nitraM?.2.)noitca?licnuoC?suoiver p?a?ni?rorre?na?gnitcerroc(?8202?,03?enuJgnidne?mret?raey-ruof?dnoces?rieht?rof?yletaidemmi?evitceffe?draoB?kraP?eht?ot?rekamaR?dahC?.1:fo?stnemtnioppaer?laroyaM?eht?gnivorppA:detseuqeR?noitcA???3.Fs noissimmoC?dna?sdraoB?ot?stnemtnioppaeR NOITCA?ROF?TSEUQER notroN?royaM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAroyaM?eht?fo?eciffO:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE P 30:stnemhcattA sregoR?nohciM:yB?deraper M 31: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 95614/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth?:4202?,5?tsuguA?rof?tropeR?yrammuS?PA75614/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:4202?,5?tsuguA?rof?tropeR?liateD?PA: troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.06.591,648,42$?fo?elbayap?stnuocca?dna?97.072,273,93$?fo?sesahcrup?tnemtsevni?gnidulcni93.664,812,46$?fo?tnuoma?eht?ni?,4202?,5?tsugu A?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???4.F4202?,5?tsuguA?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?ecnaniF :TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE M 32 ecnamrofreP?tegduB?retrauQ?dnoceS?4202?-?tropeR:stnemhcattA sirraH?yoJ:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.troper?siht?morf?sevired?tcapmi?ecruoser?ro ?lacsif?tcerid?oN:tcapmI?ecruoseR?&?lacsiF?.ylretrauq?drawrof?thguorb?si?troper?sihT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.snoisiced?ycilop?erutuf?ecneulfni?yam?dna?elcyc?tegdub?eht?tcapmi taht?sdnert?rotinom?ot?ytiliba?eht?licnuoC?sedivorp?troper?siht?,yllanoitiddA??.detcepxe?sa?ton?era?seuneverfi?snalp?ycnegnitnoc?tegdub?etutitsni?dna?segnahc?tegdub?dnemmocer?ot?ytinutroppo?na?tnemeg anamsevig?sihT?.serutidnepxe?dna?seunever?sti?gnirotinom?ni?ytiC?eht?stsissa?gnitroper?tegdub?ylretrauQ:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibis nopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP?.emoclew?era?snoitseggus?ro?stnemmocos?,won?flah?a?dna?raey?a?rof?ecalp?ni?neeb?ylno?sah?erutcurts?gnitroper?sihT??.raey?eht?tuohguorhtecnamrofrep?t egdub?llarevo?fo?"weiv?level-hgih"?a?peek?srebmeM?licnuoC?pleh?ot?dednetni?si?troper?sihT:evitarraN?tropeR.4202?,03?enuJgnidne?doirep?eht?rof?troper?yrammus?ecnamrofreP?tegduB?retrauQ?dnoceS?4202?eht ?gnilif?dna?gnivieceR:detseuqeR?noitcA???5.FtropeR?ecnamrofreP?tegduB?retrauQ?dnoceS?4202 NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?ecnaniF:TPED?GNITANIGIRO42 02?,5?tsuguA:ETAD?GNITEE COMPANY/REVENUE SOURCE 33(50% of the Year Completed)thru June 30th, 2024Council Budget to Actual - Revenue ReportCity of Rochester, MN Other Financing Sources0.00-174,656.360.00Miscellaneous Revenues-687.28-1,817.0037.82Intergovernmental Revenues-591,921.00-1,189,842.0049.75Interest Earnings5,568.74-16,000.00-34.80Fair Value of Investments-40,700.000.00100.00Fines-9,536.43-4,343.00219.5 8Charges for Services-9,851.93-11,111.0088.67Other Financing Sources0.00100.00Miscellaneous Revenues-42,462.40-42,462.40100.00Intergovernmental Revenues-51,626.70-51,626.70100.00Interest Earnings-10,348.29-3,897.95265.48Fair Value of Investments-7,100.00100.00Taxes-70,978,746.25-76,145,868.0093.21Special Assessments Revenue0.00100.00Other Financing Sources-890,681.59-5,475,173.2516. 27Miscellaneous Revenues-1,255,224.26-2,662,863.6847.14Licenses and Permits-3,718,357.60-5,169,639.0071.93Intergovernmental Revenues-3,305,550.30-7,824,911.5442.24months recorded.In Lieu of Tax-5,811,869.51-14,190,858.0040.96RPU runs a month behind so only 5 Interest Earnings-123,900.68-504,050.4024.58Fair Value of Investments-631,133.060.00100.00Fines-251,370.01-369,396.7068.0 5Charges for Services-2,520,245.84-4,643,433.5054.28-349,408.000.00 2024COMMENTNEWVAR%JUNE 30TH2024BUDGETJUNE 30TH2024ACTUALJUNE 30TH Taxes-8,331,748.46-8,330,636.00100.01 34 Fair Value of Investments-12,500.00100.00Charges for Services0.000.00100.00Taxes-116,831.97-116,820.00100.01Other Financing Sources0.000.00100.00Miscellaneous Revenues-18,694.81-20,000.0093.47Intergovernmental Revenues0.00-115,120.000.00Charges for Services-361,693.74-745,655.0048.51Taxes-82,916.04-82,913.00100.00Other Financing Sources0.00-40,516.780.00M iscellaneous Revenues-42,896.86-135,714.0031.61Behind projectionsIntergovernmental Revenues0.000.00100.00Interest Earnings-9,826.470.00100.00Fair Value of Investments-7,100.000.00100.00Charges for Services-770,998.10-1,687,453.0045.69Taxes0.00100.00Other Financing Sources7,000.000.00Miscellaneous Revenues0.000.00100.00Interest Earnings-7,094.41-7,000.00101.35Fair Value of Investments-9,200.000.00100.00Taxes-9,559,343.99-9,558,036.00100.01Special Assessments Revenue0.00100.00Other Financing Sources0.00-26,607.890.00Miscellaneous Revenues-19,497.92-8,877.71219.63Licens es and Permits0.00-1,045.000.00Intergovernmental Revenues0.000.00100.00Interest Earnings4,639.14-16,000.00-28.99Fair Value of Investments-41,600.000.00100.00Charges for Services-405,105.49-572,742.00 70.73 Interest Earnings-10,829.360.00100.00 35 Interest Earnings-89,128.94-92,000.0096.88Fair Value of Investments-95,100.000.00100.00Fines0.00100.00Charges for Services-475,857.61-1,033,000.0046.07Taxes-5 86,650.18-586,352.00100.05Other Financing Sources0.001,207,070.000.00Miscellaneous Revenues-2,533,652.14-3,408,597.0074.33Intergovernmental Revenues-2,479.02-1,528,000.000.16Interest Earnings-106,419.85-119,000.0089.43Fair Value of Investments-140,900.000.00100.00Charges for Services-630,242.97-983,684.0064.07Taxes-668,579.11-668,528.00100.01Other Financing Sources0.00-9,777.000 .00Miscellaneous Revenues-21,571.37-36,108.1359.74Intergovernmental Revenues0.000.00100.00Charges for Services-536,946.91-1,025,060.0052.38Taxes-11,869.01-11,873.0099.97Other Financing Sources0.000.00100.00Miscellaneous Revenues-75,158.98-52,500.00143.16Intergovernmental Revenues0.00-12,072.000.00Interest Earnings-206.29-200.00103.15Fair Value of Investments-500.00100.00Charges for Services-303,334.16-398,000.0076.210.000.00100.00Taxes-82,884.04-363,203.0022.82Other Financing Sources0.000.00100.00Miscellaneous Revenues0.000.00100.00Intergovernmental Revenues0.000.00100.00 Intergovernmental Revenues-5,574,856.88-13,726,764.0040.61 36 Interest Earnings-319,767.54-360,000.0088.82Fair Value of Investments-411,000.000.00100.00recorded.Charges for Services-3,765,570.66-8,93 8,999.0042.13Delay in recording-only 5 months Taxes0.000.00100.00Special Assessments Revenue0.00100.00Other Financing Sources-32,137.066,145,789.00-0.52Miscellaneous Revenues-2,933,421.45-179,680.001 ,632.58Licenses and Permits-50.00-1,000.005.00Intergovernmental Revenues0.000.00100.00Interest Earnings-498,779.62-475,000.00105.01Fair Value of Investments-628,300.000.00100.00Fines0.000.00100.00rec orded.Charges for Services-12,203,336.22-28,824,630.0042.34Delay in recording-only 5 months Other Financing Sources-17,232.241,767,036.82-0.98Miscellaneous Revenues0.000.00100.00Licenses and Permits-22,842.00-50,748.0045.01Revenues not linearIntergovernmental Revenues0.000.00100.00Interest Earnings-183,367.27-195,000.0094.03Fair Value of Investments-169,500.000.00100.00Fines-254,982 .50-471,343.0054.10Charges for Services-3,230,257.10-7,653,185.0042.21Other Financing Sources409,355.000.00Miscellaneous Revenues-1,220,375.15-2,749,790.0044.38Interest Earnings-19,887.22-25,000.0079 .55Fair Value of Investments-32,300.000.00100.00Taxes-0.280.00100.00Other Financing Sources0.001,340,468.410.00Miscellaneous Revenues-334,663.43-1,064,076.4731.45Not linear receipts Intergovernmental Revenues0.000.00100.00 37 Special Assessments Revenue0.00100.00Other Financing Sources0.001,621,390.000.00Miscellaneous Revenues-186,306.160.00100.00Licenses and Permits-2,317.00-20 ,378.0011.37 COMPANY/BUSINESS UNITACTUALSBUDGET 38(50% of the Year Completed)thru June 30th, 2024Council Budget to Actual - Expenditure ReportCity of Rochester, MN 42200 - Fire10,325,556.3121,961,561.6447.02%Allo cations to Fire, & Police yet to occur.96.72%42141 - Dispatch1,099,694.491,136,947.99 100.00%42133 - Police Reserve0.000.0042132 - Animal Control197,814.24426,877.7646.34%42100 - Police18,258,796.183 6,409,619.3850.15%41960 - City Hall Maintenance300,397.61649,710.0046.24%41920 - Information Technology1,507,588.003,539,751.8942.59%181,164.52398,879.0045.42%41919 - DSIC & North Statn Maintenance41910 - Community Development792,045.391,786,326.0844.34%41800 - Human Resources1,370,097.083,253,401.8342.11%41600 - Legal917,032.922,311,575.2139.67%41500 - Finance1,200,064.032,688,105 .7244.64%41450 - Administrative Fines568.079,067.006.27%Allocations from Parking to happen 100.00%41430 - Parking Ticket Collections41,932.770.0041420 - Elections187,300.63536,612.0034.90%41400 - City Clerk545,210.69931,681.0058.52%225,162.72535,011.7042.09%41320 - City Administration1,492,314.363,082,259.4648.42%41315 - Mayor190,349.44379,234.0050.19%41310 - City Council469,200.06851,076. 0055.13%SPENTCOMMENT% OF BUDGET 42260 - Hazmat36,095.268,357.96 39 exceed current year revenues.Spend of gift donations (savings account) 118.28%45500 - Library123,221.86104,179.3544620 - Contingency1,051,509.242,107,483.0649.89%44 605 - Joint Facilities Maintenance208,013.47435,139.0047.80%44600 - Unallocated43,779.52123,304.0035.51%44515 - CBD Maintenance318,248.871,007,853.0031.58%44500 - Economic Development2,620,479.664,69 1,530.0055.86%44400 - Community Reinvestment134,757.50284,915.0047.30%44200 - ArtCtr/CivicTheatre/125Live201,512.00431,737.0046.67%44100 - Music507,417.611,479,818.0034.29%43220 - City Lighting806,470.901,792,519.0044.99%43200 - Traffic878,216.831,853,290.2847.39%43125 - Fleet Mtce & PWTOC Bldg491,402.00780,666.5362.95%43100 - Street Infrastructure Mtce5,319,606.9010,545,405.8050. 44%43000 - Engineering2,343,762.414,133,602.4456.70%42600 - Emergency Management182,121.60422,386.0043.12%42500 - Flood Control419,133.43835,871.7050.14%2,475,292.804,960,824.0949.90%42400 - Community Dvlpmt Protctve Inspwill occure when money arrives.Appropriation of State Reimbursement 431.87% 45500 - Library4,653,641.759,722,213.0647.87%40 46250 - Mayo Civic Center24,423.94363,203.006.72%46200 - Graham Arena352,422.12995,895.0035.39%46150 - Golf921,820.091,946,596.7847.36%100.00%46100 - FE Williams0.000.0046040 - Plummer House36,569.53108,002.0033.86%46033 - Parkway Maintenance233,536.04760,494.0030.71%46030 - Parks3,680,221.597,548,639.8048.75%46020 - Pools43,810.81157,494.0027. 82%46013 - Tennis Center32,486.3158,856.0055.20%46010 - Recreation439,615.70812,796.2754.09%46001 - Park & Rec Administration372,495.39737,026.5350.54% 46300 - National Volleyball Center220,741.29474,645.0046.51%41 approvals. This was approved 8/21/23.Money is being spent thru Council 100.00%46995 - Opioid Settlement60,000.000.0044500 - Economic Development1,442,604.422,365,435.0060.99%46950 - Transit6,562,896.5714,575,372.0645.03%expectations.International flight traffic exceeds 113.17%46902 - Airport Customs186,432.68164,730.00 46900 - Airport2,570,408.105,253,833.0048.92%46350 - Recreation Center656,949.321,737,273.1337.81% 49400 - Parking4,483,921.216,603,239.1867.90%42 49650 - Storm Water Utility3,374,317.007,697,987.0043.83%49635 - Sanitary Sewer Fund Debt203,358.34-1,165,679.00-17.45%49630 - Water Reclamation Plant8,856,461.1524,500,200.0036.15% M 43:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP??00.0%00.0seireS?mreT?trohS/tisopeD?fo?treC25. 0%22.2lapicinuM10.2%30.05sdnoB?tvoG/ytilatnemurtsnI?SU58.1%93.93seicnegA?tvoG/yrusaerT?SU00.0%00.0seireS?mreT?trohS/tisopeD?fo?setacifitreC00.0%32.1tekraM?yenoM/repaP?laicremmoC00.0%31.7 stnelaviuqE?dna?hsaC noitaruDoiloftroP?fo?%seirogetaC?deifisreviD?oiloftroP?fo?noitacifisreviD?.2).sessol?ro?sniag?dezilaernugnitanimile?,ytirutam?ot?dleh?eb?ot?dednetni?era?seitiruces?llA?-?sessol? ro?sniag?dezilaernU()%462.5?ot?%432.5?=?etaR?ylhtnoM(?tnemetatS?ylhtnoM?dnuF?M4dleH?seitiruceS?fo?paceRdleH?seitiruceS?fo?noitubirtsiD?ytirutaM)4202?,03?enuJ?-?4202?,1?lirpA(?nruteR?sisaB?eulaV?riaF? &?tsoC?dezitromA?fo?yrammuSnruteR?fo?setaR?evitarapmoC?dezilaunnAnruteR?sisaB?eulaV?riaF?&?tsoC?dezitromA?fo?liateDyrammuS?ytivitcA?sisaB?eulaV?riaF?&?tsoC?dezitromAdehcatta?-?noitamrofnI?ecnamrofreP ?dna?ytivitcA?.1?.4202?,03?enuJ?fo?sa?oiloftrop?gnitarepo?s'ytiC?eht?sezirammus?noitamrofni?gniwollof?ehT:evitarraN?tropeR.4202?,03enuJ?gnidne?doirep?eht?rof?tropeR?ecnamrofreP?tnemtsevnI?retrauQ?dno ceS?4202?gnilif?dna?gnivieceR:detseuqeR?noitcA???6.FtropeR?ecnamrofreP?tnemtsevnI?retrauQ?dnoceS?4202 NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?ecnaniF:TPED?G NITANIGIRO4202?,5?tsuguA:ETAD?GNITEE I 44 ecnamrofreP?tnemtsevnI?retrauQ?dnoceS?4202?-?tropeR:stnemhcattA sirraH?yoJ:yB?deraperP.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.sgninrae?tseretni?etareneg? taht?stnemtsevni?detar?ylhgih?,efas?ni?stsevni?ytiC?ehT:tcapmI?ecruoseR?&?lacsiF.weiver?rof?licnuoC?ytiC?rof?detneserp?si?tropeR?ecnamrofreP?tnemtsevnI?ylretrauQ?A:tnemegagnE?ytinummoC?&?snoitcA?evit alsigeL?roirP.ycnerapsnart?sa?llewsa?,ytilibaniatsus?dna?ytilibisnopser?lacsif?erusne?ot?ecalp?ni?krowemarf?yrotaluger?eht?ni?ecnanidrO?ytiCyb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,tropeR?ecnam rofreP?tnemtsevnI?ylretrauq?eht?gnivorppa?n ACTIVITY AND PERFORMANCE SUMMARY 45 2 1.400.71 Total3,110,531.14297,973.700.003,408,504.84.17Municipal/Provincial Bonds56,798.82(6,813.65)49,9850.00Government Bonds1,842,670.22130,992.821,973,663.040 .0063Government Agencies1,211,062.10173,794.531,384,856.0.00 incomeTotal(amortization)Accretiongain (loss)RealizedearnedInterest Detail of Amortized Cost Basis Return 782Weighted average final maturity in daysYTD return (%)Period return (%)477,457,262.24Average daily amortized cost3,408,504.84Total income on portfolio0.00Realized gain (loss) on sales297,973.70Accretion (amortization)3,110,531.14Interest earned Total portfolio Summary of Amortized Cost Basis Return for the Period* rates reflected are cumulativeML 5 Year US Treasury Note4.322.101.08ML 2 Year US Treasury Note4.752.271.16ML 1 Year US Treasury Note5.162.451.24Merrill Lynch 6m US Treas Bill5.242.541.28Merrill Lynch 3m US Treas Bill5.312.591.295.362.641.31Overnight Repo5.302.601.28Fed Funds month trailing* Threemonth trailing* Sixmonth trailing* Twelve Comparative Rates of Return (%)Unrealized gain (loss)(7,654,360.76)484,836,307.95492,490,668.71Return of capital0.00577,175.40(27 9,201.70)Change in accruals from security movement0.00Realized gain (loss)0.0013,510,826.63Interportfolio transfers13,510,826.630.002,485,680.14Income received2,485,680.14476,196,188.24 Amortized Cost Basis Activity Summary CITY OF ROCHESTER For the period April 1, 2024 - June 30, 2024 ACTIVITY AND PERFORMANCE SUMMARY 46 3 est* Total value equals market value and accrued inter1.27782Weighted average final maturity in daysYTD return (%)1,206,500.12Change in fair value0.92Period return (%)471,377,629.48Average daily total value *4,317,031.26Total income on portfolio3,110,531.14Interest earned Total portfolio Summary of Fair Value Basis Return for the Period Total3,110,531.141,206,500.124,317,031.26 8.49Municipal/Provincial Bonds56,798.82139,259.67196,05Government Bonds1,842,670.22361,845.062,204,515.2849Government Agencies1,211,062.10705,395.391,916,45 7.incomeTotalfair valueChange inearnedInterest Detail of Fair Value Basis Return* rates reflected are cumulativeICE BofA US Treasury 1-54.160.800.82ICE BofA US Treasury 1-34.531.240.94ICE Bofa 1 Yr US Treasury Note5.021.951.11ICE Bofa 6m US Treas Bill5.462.551.30ICE Bofa 3 Months US T-BILL5.402.631.325.362.641.31Overnight Repo5.302.601.28Fed Funds month trailing* Threemonth trailing* Sixmonth trailing* Twelve Comparative Rates of Return (%)484,836,307.951,206,500.12Change in fair value for the periodReturn of capital0.00Change in accruals from security movement0.00Unrealized gain (loss) on security movements0.0013,510,826.63Interportfolio transfers13,510,826.630.002,485,680.14Income received2,485,680.14467,633,301.06 Fair Value Basis Activity Summary CITY OF ROCHESTER For the period April 1, 2024 - June 30, 2024 RECAP OF SECURITIES HELD 47 6 Portfolio diversification (%)Municipal/Provincial Bonds2.48Government Bonds55.71Government Agencies43.86Cash and Cash Equivalents(2.04)Portfolio diversification (%)Municipal/Provincial BondsGovernment BondsGovernment Agencies 4,360.76)782100.001.96Total491,667,007.80492,490,668.71484,836,307.95(7,65 311,979,988.50(122,358.43)1592.480.42Municipal/Provincial Bonds12,177,070.0012,102,346.9,824.86(3,768,780.04)84655.712.11Government Bonds273,885,319.40274,316,604.90270,547336,744.59(3,763,222.29)69843.861.77Government Agencies215,632,868.40216,099,966.882 12,1.00)(10,028,250.00)0.00(2.04)0.00Cash and Cash Equivalents(10,028,250.00)(10,028,250 gain (loss)Fair valueUnrealizedcostHistoricalcostAmortizedportfolioofPercentduration (years)effectiveaverageWe ightedmaturity (days)finalaverageWeighted CITY OF ROCHESTER As of June 30, 2024 MATURITY DISTRIBUTION OF SECURITIES HELD 48 7 Historical cost (mm)120.00100.0080.0060.0040.0020.000.00 Maturity distribution 491,667,007.80100.00 0.000.00Over 5 years84,722,320.3917.234 to 5 years69,943,664.0914.233 to 4 years80,970,710.0116.472 to 3 years95,656,222.3519.461 to 2 years102,646,190.6420.88180 days to 1 year36,676,850.327.4690 to 179 days21,051,050.004.28Under 90 days Historic costPercentMaturity CITY OF ROCHESTER As of June 30, 2024 4M Fund Monthly Statement 49 7/1)101 dnuF larene(G retsehcoR fo ytiC 9482-229 )668( :snoitseuQMP 22:25:60 4202/10/70 60563Naperville, IL2135 CityGate Lane, 7th Floor krowteN laicnaniF AMP lhamacher@pmanetwork.com(612) 509-2563Laura Hamacher Representativeour PMAY, MN 55904Rochester201 4th Street SeRachel Houdek City of Rochester$55,812,451.12otalAccount T$40,000,000.00otal Fixed IncomeT$9,086,678.67$6,725,772.45otalT$1.000$1.000Share Price5.259%5.234%verage Monthly RateA$9,086,678.67$6,725,772.45Ending Balance$0.00($114,000.00)Redemptions$0.00$114,000.00Purchases$39,1 04.69$28,807.92Dividends$9,047,573.98$6,696,964.53Beginning Balance 4MP4MInvestment Pool Summary 6/1/2024 - 6/30/2024 Activity Summary (35399-101) General Fund Y HOLIDAYINDEPENDENCE DATHEANCE OF V 4TH IN OBSERY BE CLOSED JULTHE FUND WILL Please Note:City of Rochester M 50 esneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsiF.22-991.oN?noituloseR?.lavitseF?ytinummoC?a?sa?lavitseF?strA?ytiC?deM?d evorppa?licnuoC?:2202?,7?rebmetpeS.12-081?.oN?noituloseR?.lavitseF?ytinummoC?a?sa?lavitseF?strA?ytiC?deM?devorppa?licnuoC?:1202?,03?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.slamina?dn a?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytiC?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup ?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.licnuoC?nommoC?eht?fo?noituloseR?yb?dezingocer?yllaiciffo?sa?retsehcoRfo?ytiC?eht?fo?stn eve?ro?,cisum?,erutluc?,doof?,yrotsih?,elpoep?eht?setarbelec?taht?noisacco?na?sa?denifedsi?hcihw?",lavitseF?ytinummoC"?a?sa?deifissalc?era?yeht?sa?gnol?sa?stneve?hcus?stimrep?edoC?ytiC?ehT?.ytefas?er usne?ot?skcolb?atled?lortnoc?ciffart?fo?noitallatsnieht?htiw?,WS?tS?dn2?ot?tS?retneC?W?morf?WS?evA?ts1?no?detnemelpmi?eb?lliw?erusolc?daor?a?,scitsigoltneve?eht?fo?trap?sA?.WS?tS?ts1?dna?WS?evA?ts1?t a?detacol?,azalP?ecaeP?eht?ta?dleh?eb?lliw?tneve?ehT?.m.p?03:11?yb?detelpmoceb?lliw?snoitarepo?pu-naelC?.yad?emas?eht?no?.m.p?00:11?ot?.m.a?00:11?morf?ecalp?ekat?ot?deludehcs?sitneve?eht?dna?,4202?,6 1?tsuguA?no?.m.a?00:8?ta?ecnemmoc?lliw?pu-tes?tneve?ehT?.)"tneve?eht"?(?lavitseFytinummoC?4202?sti?rof?timrep?tneve?laiceps?a?rof?noitacilppa?na?dettimbus?sah?lavitseF?trA?ytiC?deM:evitarraN?tropeR?. lavitsef?ytinummoc?a?ti?gniralced?dnatneve?lavitseF?trA?ytiC?deM?eht?rof?noitacilppa?timrep?tneve?laiceps?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???7.FlavitseF?ytinummoC?-?lavitseF?trA?y tiC?deM NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE a 51 lavitseF?ytinummoC?-?lavitseF?trA?ytiC?deM?-?noituloseR:stnemhcattA niS?kaelroV:yB?deraperP?.tneve?rieht?dloh?ot?elbagnieb?ton?lavitseF?trA?ytiC?deM?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmoc er?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilpp RESOLUTION52Rochester, 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 OFFestivalas Community Festivals.Minnesota, that the Council, pursuant to R.C.O. Sec. 5-19-5(b), declares the Med City Art NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester, music, or events ofthe City of Rochester.Ave SW & 1st St SW, is a community event celebrating the people, history, food, culture, WHEREAS, the Med City Art Festival, occurring on August 16, 2024, at Peace Plaza, 1st City of Rochester; and, is a community event celebrating the people, history, food, culture, music, or events of the WHEREAS, the Med City Art Festival (“the Event”) organized by the Med City Art FestivalRochester.may dispense intoxicating liquor off-premises at a Community Festival held with the City of WHEREAS, R.C.O. Sec. 5-19-5(b) states that specified on-sale intoxicating liquor licensees culture, music,or events of the City of Rochester as declared by resolution of the Common “Community Festival”to mean a community event celebrating the people, history, food, WHEREAS, the Rochester Code of Ordinances (“R.C.O.”)Sec. 5-19-5(b) defines a Approving a Special Event Permit forMed City Art Festival-with Amplified Sound. M 53.segnahc?eht?fo?evitroppus?saw?ohw?,tsirhC?ni?doG?fo?hcruhC?efiL?fo?droW?eht?tarotsap?eht?detcatnoc?setammaet?skroW?cilbuP?.noitcesretni?eht?fo?teef?001?nihtiw?gnikrap?gnitcirtser?dnaenoz?gnidaol ?regnessap?eht?gninetrohs?seriuqer?enal?nrut?eht?gnitaerC?.enal?nrut?thgir?a?sa?desu?ylralugersi?taht?egatnorf?hcruhc?eht?gnola?enoz?gnidaol?regnessap?a?yltnerruc?si?erehT?.ES?evA?ht31?no?ES?tS?ht4ot ?hcaorppa?dnuobhtron?eht?rof?enal?nrut-thgir?detacided?,trohs?a?gnisoporp?era?setammaet?skroW?cilbuP:kcolb?004?-?ES?evA?ht31?.6202?ni?gnitrats?ES?tS?dn2?no?noitarepo?ni?eb?lliw?taht?tisnart?diparsub? KNIL?eht?rof?snalp?erutuf?sa?llew?sa?,yduts?etar?gnikrap?gniog-no?eht?gnidrager?snoitasrevnoc?tnecerhtiw?sngila?lasoporp?sihT?.timil?ruoh-3?a?htiw?gnikrap?deretem?ot?secaps?owt?eseht?trevnoc?ot?noits egguseht?fo?evitroppus?saw?ohw?,renwo?gnidliub?eht?detcatnoc?setammaet?ytiC?.dedeen?regnol?on?era?secapseht?dna?,nav?ysetruoc?a?etarepo?ton?seod?CLS?ehT?.letoh?remrof?eht?yb?dezilitu?erew?hcihw?,ylnO ?snaVysetruoC?rof?devreser?ES?tS?dn2?no?secaps?gnikrap?owt?era?erehT?.stnanet?laicremmoc?level?yawyks?dnaroolf?dnuorg?htiw?retsehcoR-atosenniM?fo?ytisrevinU?eht?rof?yrotimrod?esu-dexim?a?,)CLS(?retne C?efiLtnedutS?eht?ot?letoH?eerTelbuoD?eht?morf?detrevnoc?yltnecer?saw?S?evA?yawdaorB?051?ta?gnidliub?ehT:kcolb?01?-?ES?tS?dn2?.tseuqereht?fo?evitroppus?era?setammaet?ytiC?.gnikrap?teerts-no?detcirtse rnu?rof?gniwolla?,EN?rD?slliH?nrehtroNfo?edis?htron?eht?no?devomer?eb?timil?gnikrap?ruoh-owt?eht?detseuqer?dna?ytiC?eht?detcatnoc?renwo?wenehT?.EN?rD?slliH?nrehtroN?dna?N?evA?yawdaorB?fo?noitcesretni ?eht?fo?renroc?tsaehtron?eht?ni?,)ylppuSlacideM?htlaehworrA(?EN?rD?slliH?nrehtroN?115?ta?gnidliub?eht?rof?degnahc?yltnecer?sah?pihsrenwO:kcolb?01?-?EN?rD?slliH?nrehtroN.noitcesretni?eht?ta?lortnoc?po ts?ni?egnahc?eht?htiw?deecorp?lliw?setammaet?skroW?cilbuP,noitcirtser?gnikrap?eht?fo?lavorppa?eht?htiW?.selcihev?dnuobhtron?rof?senil?thgis?etauqeda?erusne?ot?WStS?ht4?fo?edis?htuos?eht?no?desoporp?s i?noitcirtser?gnikrap?a?,lortnoc?pots?ni?egnahc?eht?etadommoccaoT?.noitcesretni?eht?fo?sgel?htuos?dna?htron?eht?no?sngis?pots?htiw?,pots?teerts-edis?lanoitidart?eroma?eb?dluow?noitarugifnoc?retteb?a? taht?denimreted?noitaulave?ehT?.sgel?tsew?dna?htron?eht?no?dellatsniyltnerruc?era?hcihw?,noitcesretni?eht?ta?sngis?pots?fo?noitarugifnoc?eht?detaulave?yltnecer?skroW?cilbuP:WS?evA?ht01?dna?WS?tS?ht4: evitarraN?tropeR.4202?,5?tsuguA?fo?sa?steerts?suoirav?no?snoitcirtser?gnikrapdnema?ot?kooB?noituloseR?gnikraP?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA:detseuqeR?noitcA???8.F4202?, 5?tsuguArof?snoitacoL?suoiraV?ni?segnahC?noitcirtseR?gnikraP NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE ?54.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tegdub?gnitarepo?snoitarepO?ciffarTeht?morf?dednuf?eb?lliw?dna?005,1$?yletamixorppa?tsoc?ot?detamitse?era?segnahc?egangis?e ht?fo?tser?ehT?.)ruoh/05.1$(?sretem?ruoh-3?owt?fo?noitidda?eht?dna?,)ruoh/05.0$(retem?ruoh-01?eno?fo?lavomer?eht?,)ruoh/00.2$(?sretem?etunim-09?owt?fo?lavomer?eht?edulcni?segnahcdesoporP?.dnuF?esirpr etnE?gnikraP?eht?tcapmi?lliw?sretem?gnikrap?ot?segnahc?eht?morf?euneveR:tcapmI?ecruoseR?&?lacsiF.srenwo?ssenisubdna?stnediser?fo?tseuqer?eht?ta?ro/dna?ytiC?eht?yb?ylraluger?rucco?snoitcirtser?gnikrap ?ot?segnahC:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.reenignE?ciffarT?ytiC?eht?yb?lavorppa?rof?dednemmocer?dna?deweiver?era?snoitcirtserdesoporp?llA?.segnahc?gnikrap?teerts-no?tnenamrep?fo?la vorppa?licnuoC?seriuqer?ecnanidrO?ytiC?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.rac?dauqs?a?otssecca?dipar?evah?ot?DPR?rof?deen? eht?dnatsrednu?osla?yeht?,aera?eht?ni?gnikrap?fo?ytilibaliava?eht?tuobasnoitavreser?era?ereht?elihW?.ecnaillA?nwotnwoD?retsehcoR?eht?sa?llew?sa?,nrocpoP?temruoG?supoPfo?renwo?eht?htiw?ekops?setammaet ?DPR?.emas?eht?niamer?lliw?kcolb?eht?no?secaps?deretem?fo?rebmuneht?os?,retem?gnikrap?etunim-03?a?sah?yltnerruc?taht?ecaps?eht?htiw?deppaws?dna?,kcolb?eht?fo?dnehtuos?eht?ot?kcolb?eht?fo?dne?htron?eh t?morf?detacoler?eb?ecaps?devreser?siht?gnitseuqer?si?DPR?.WS?evAts1?no?azalP?ecaeP?eht?fo?htuos?tsuj?detacol?,ylno?selciheV?tnemecrofnE?waL?rof?devreser?ecaps?gnikrapgnitsixe?na?si?erehT?.WS?evA?ts1 ?dna?WS?tS?dn2?fo?noitcesretni?eht?fo?renroc?tsewhtron?eht?ni?detacolnoitatsbus?nwotnwod?wen?a?gniypucco?fo?ssecorp?eht?ni?si?)DPR(?tnemtrapeD?eciloP?retsehcoR?ehT:kcolb?001?-?WS?evA?ts1?.ecaps?gnikr ap?timil?ruoh-01?deretem?eno?fo?ssol?eht?ni?tluser?dluow?egnahc?sihT?.klawssorceht?gnisu?snairtsedep?fo?ytilibisiv?eht?esaercni?ot?ES?tS?ht4?ssorca?xennA?retneC?tnemnrevoG?ehtdna?retneC?tnemnrevoG?eh t?neewteb?klawssorc?eht?morf?teef?05?desoporp?gnieb?si?noitcirtser?gnikrap?A:kcolb?001?-?ES?tS?ht4?.tseuqer?ehtfo?evitroppus?era?setammaet?gnikraP?dna?tisnarT?.secivres?tropsnart?rehto?dna?lacidem?no ?gniyler?daetsni,evird?ton?od?stnediser?s'gnidliub?eht?fo?ynaM?.timil?etunim-51?a?htiw?,enoz?gnidaol?ytidommoc?dnaregnessap?a?ot?detrevnoc?eb?detseuqer?evah?reganam?s'gnidliub?eht?dna?ytnuoC?detsmlO? taht?sretemgnikrap?etunim-09?owt?era?gnidliub?eht?ot?tnecajdA?.maeT?ytilibatS?dna?gnisuoH?s'ytnuoC?detsmlOhtiw?pihsrentrap?a?hguorht?elbissop?,WS?tS?ht4?no?gnidliub?gnisuoh?evitroppus?tinu-81?na?si?s icnarF?ehT:kcolb?01?-?WS?tS?ht4?.egnahc?desoporp?eht?foevitroppus?era?lapicnirP?loohcS?yratnemelE?llihcruhC?eht?dna?noitatropsnarT?fo?rotceriD?'sloohcS?cilbuPretsehcoR?.gnidaoL?suB?sa?detangised?ylla iciffo?eb?aera?siht?gnidnemmocer?si?skroW?cilbuP?dna?,ytivitcasiht?etadommocca?ot?hguone?ediw?si?teerts?ehT?.gnidaolnu?dna?gnidaol?sub?loohcs?rof?syad?loohcsno?desu?si?aera?sihT?.gnikraP?oN?rof?detso p?yltnerruc?si?,loohcs?eht?fo?edis?htuos?eht?no?,EN?tS?dn22:loohcS?yratnemelE?llihcruhC P 55 4202?,5?tsuguA?rof?snoitcirtseR?gnikraP?suoiraV?-?noituloseRkcolb?001?-?WS?evA?ts1?-?paMkcolb?001?-?ES?tS?ht4?-?paMkcolb?01?-?WS?tS?ht4?-?paMloohcS?yratnemelE?llihcruhC?-?paMkcolb?004?-?ES?evA?h t31?-?paMkcolb?01?-?ES?tS?dn2?-?paMkcolb?01?-?EN?rD?slliH?nrehtroN?-?paMWS?evA?ht01?dna?WS?tS?ht4?-?paM:stnemhcattA anyzduB?maS:yB?deraper 1 56 St. Mary's ParkSt. Mary's Campusand pavement markings.orientation of Stop signsPlanned change inimprove intersection sight lines.Proposed parking restriction to this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 0408020Feet 4th St SW and 10th Ave SW 0 B 57 CondominiumsNorthern HillsManagement GroupInfinity Real Estate &SupplyArrowhealth Medical No restrictionsProposedMonday - Saturday8:00 a.m. - 5:00 p.m.Two-Hour ParkingExisting this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 06012030Feet Northern Hills Dr NE - 10 block N EVA YAWDAORBN EVA YAWDAOR B 58 Second Street RampFirst Street RampAssociated BankCenterStudent LifePavilionRosa Parks 3-Hour MetersProposedReserved Courtesy Van OnlyExisting this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 0408020Feet 2nd St SE - 10 block S EVA YAWDAORBS EVA YAWDAOR 4 World ChurchThe Light of thein ChristChurch of GodWord of Life 5-Minute LimitPassenger Loading ZoneExistinginstallation of new right-turn lane.Proposed parking restriction with 59 this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofwarranties of fitness for a particular purpose, with respexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.responsibility for field verifying elevations, locatioshould be used as reference only. It is the user’sData contained has not been field verified and 0306015Feet¯13th Ave SE - 400 block ES TS 1 60 Proposed Bus Loading Zone ParkNorthern HeightsElementary SchoolChurchill this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 016032080Feet Churchill Elementary School 22 ST NEEN EVA 8EN EVA 9EN EVA 0 1 61 15-Minute LimitLoading ZonePassenger and CommodityProposed90-Minute MetersExisting FreightBaserArchitectureArmonCorporationGerrardDownsMaassConleyUS BankBankMinnwestApartmentsThe HueFrancisThe this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 0408020Feet 4th St SW - 10 block S EVA YAWDAORBWS EVA A 62 metered space.Remove one 10-hour limitProposed parking restriction.Government CenterSouth LotGovernment CenterAnnexGovernment Center this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofpectwarranties of fitness for a particular purpose, with resexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ons,responsibility for field verifying elevations, locatishould be used as reference only. It is the user’sData contained has not been field verified and 0408020Feet 4th St SE - 100 block ES EVA 2ES EVA 1TOL GNIKRAP W RETNECTNEMNREVOG SSECC 1 63 PopcornGourmetPopusSubstationDepartmentRochester Police Enforcement only.Reserved for LawProposed30-Minute MeterExisting30-Minute MeterProposedEnforcement only.Reserved for LawExisting this data.damage directly or indirectly arising out of the use of loss orRochester shall have no liability with respect to anyto the information contained on this map. The City ofectwarranties of fitness for a particular purpose, with respexpress or implied, including but not limited to impliednties,The City of Rochester specifically disclaims all warradimensions, etc. to conduct detailed design.ns,responsibility for field verifying elevations, locatioshould be used as reference only. It is the user’sData contained has not been field verified and 05010025Feet¯1st Ave SW - 100 block WS TS 2WSTS RESOLUTION644th St SW, north side, from a point 90 feet east of 1st Ave SW east to the alley.10.Add Section J, “Passenger and Commodity Loading Zones,” Paragraph 22:22nd St NE, north side, from 7th Ave NE to 8th Ave NE.9.Add Section C, “Special Parking Zones,” Zone F, “Bus Loading,” Paragraph 2:through Friday, except legal holidays.SEto 6th St SEbetween 7:30 AM to 8:30 AM and 4:30 PM to 5:30 PM, Monday 13th Ave SE, on theeast side, from a point 80140feet, more or less,south of 4th St 8.AmendSection B, “No Parking Zones,” Paragraph197:St, at all times100 ft south.13th Ave SE, on theeast side, from 4th St SE to 80 feet, more or less, south of 4th 7.Amend Section B, “No Parking Zones,” Paragraph 196.5:side, from a point 100 ft south of 4th St SE to the south 140 ft, 5-minute limit.as 400 13th Ave SE (Homestead United Methodist Church) five minute limit., east 13th Ave SEon the east side 100 feet more or less in front of the premises known 6.Amend Section E, “Passenger Loading Zones,” Paragraph 94:On 2nd St SE, in the 10 block, on the north side, spaces #69-31 & #69-32.5.DeleteSection C, “Special Parking Zones,” Zone E, “Courtesy Vans,” Paragraph 1:2nd St SE, north side, from Broadway Ave S to 1st Ave SE.4.Add Section I, “Metered Parking,” Zone G, “3-Hour Meters,” Paragraph 7:less, eastof Broadway, between 8:00 AM and 5:00 PM, Monday through Saturday.Northern Hills Dr NE, on the north side, from Broadway to a point 300 feet, more or Paragraph 1.5:3.Delete Section H, “Non-Metered Time Limited,” Zone F, “Two-Hour Parking,” 4th St SW, south side, from 10th Ave SW to 70 ft east.2.Add Section B, “No Parking Zones,” Paragraph 106.6:Monday through Friday.Ave SWto 8th Ave SW, between 6:00 a.m. to 9:00 a.m. and 3:00 PM to 5:30 PM; 4th St SW, south side, from 9th Ave SWto 70 ft east of 10th Ave SWand from 7th 1.AmendSectionB, “NoParkingZones,” Paragraph 106.5:be amended in the following respects:Traffic andParking Resolution, previously adopted and amended by the Common Council, BE IT RESOLVED by the Common Council of the City of Rochester that the Comprehensive 11.Add Section B, “No Parking Zones,” Paragraph 97.5:65Rochester, 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 OFfor Law Enforcement Vehicles Only.1st Ave SW, east side, between Peace Plaza andjust north of 2nd St SW, one space 12.Amend Section C, “Special Parking Zones,” Zone A, “General,” Paragraph 1:4th St SE, south side, from 2nd Ave SE to the west 50 ft. M 66.ruoh?rep?05.1$?si?sretem?ruoh-3rof?etar?tnerruc?ehT?.sruoh?3?si?sretem?gnikrap?desoporp?eht?rof?timil?emit?dednemmocer?ehT?.noitarepofo?tsoc?eht?tesffo?dna?dnuF?esirpretnE?gnikraP?eht?ot?etubirt noc?lliw?sretem?gnikrap?eseht?morf?euneveR:tcapmI?ecruoseR?&?lacsiF.sretem?gnikrap?ruoh-3?fo?noitallatsni?eht?detroppus?dna?detcatnoc?saw?reganamgnikrap?s'namkreB?ehT?.namkreB?eht?fo?noitcurtsnoc?eht ?ecnis?aera?siht?ni?detcirtser?neeb?sah?gnikraP:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.stimrep?gnikrap?laitnediser?rof?yfilauq?ton?od?stnediser?rieht?dna?,enoz?gnikraptimrep?laitnediser?eht ?ni?ton?si?namkreB?ehT?.gninrom?yreve?secaps?gnikrap?eerf?detimil?rof?gnihcraesdnuora?elcric?srac?sa?noitsegnoc?setaerc?dna?selcihev?tnapucco-elgnis?gnivird?sezivitnecni?gnikrap?eerF:tcapmI?IED?&?sno itaredisnoC?yciloP secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.sessenisubybraen?troppus?ot?sretem?gnikrap?ruoh-3?fo?noitallatsni?eht?gnidnemmocer?era?setammaet?ytiC?,gnikraptimrep?laitnedis er?rof?elbigile?ton?namkreB?eht?gnola?egatnorf?eht?htiW?.WS?tS?ht6?ot?yaw?eht?lla?edistsew?eht?no?detcirtser?si?gnikrap?dna?,deriuqer?stimrep?gnikrap?laitnediser?htiw?edis?tsae?eht?no?dewollasi?gnikr ap?,aera?siht?fo?htuoS?.edis?eno?no?gnikrap?wolla?ot?hguone?ediw?won?si?teerts?ehT?.derotsersaw?teerts?eht?fo?htdiw?lluf?eht?dna?,devomer?saw?rekohc?taht?,kcabdeef?ytinummoc?no?desaB?.namkreBeht?ot?e cnartne?eht?tsap?eunitnoc?ot?ciffart?dnuobhtuos?wolla?ton?did?taht?WS?evA?ht51?no?dellatsni?rekohca?eb?ot?desu?erehT?.gnikrap?wolla?ton?seod?yltnerruc?WS?evA?ht51?fo?kcolb?002?eht?fo?edis?tsae?ehT?.y aw-fo-thgir?cilbup?eht?fo?esu?eht?ezimitpo?dna?gnikrap?dellortnoc?wolla?ot?WS?tS?dn2?fohtuos?tsuj?WS?evA?ht51?fo?kcolb?eht?fo?edis?tsae?eht?no?sretem?gnikrap?fo?noitallatsni?eht?gnidnemmocerera?dna?s tnemevorpmi?laitnetop?rof?snoitcirtser?gnikrap?teerts-no?weiver?ylraluger?setammaet?ytiC:evitarraN?tropeR.WS?evA?ht51?fo?kcolb?002?eht?fo?edis?tsae?eht?no?sretemgnikrap?dda?ot?kooB?noituloseR?gnikraP ?dna?ciffarT?evisneherpmoC?eht?gnidnema?noituloseR?a?gnitpodA:detseuqeR?noitcA???9.Fkcolb?002?-?WS?evA?ht51?no?noitiddA?reteM?gnikraP NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOIT CES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE A 67 kcolb?002?-?WS?evA?ht51?no?sreteM?gnikraP?ddA?-?noituloseRkcolb?002?-?WS?evA?ht51?-?paM:stnemhcattA anyzduB?maS:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretl 2 68 Proposed 3-Hour MetersKFCBerkman been restoredstreet width hasremoved and fullChoker has been Mments\\Basemap.mxd???Date?Saved:?9/20/2023?4:24:01?PDocument?Path:?B:\\Enterprise\\GIS\\re sources\\Map?Docu Feet060120 e?of?this?data.damage?directly?or?indirectly?arising?out?of?the?usny?loss?or?Rochester?shall?have?no?liability?with?respect?to?ato?the?information?contained?on?this?map.? The?City?h?respect?warranties?of?fitness?for?a?particular?purpose,?witplied?express?or?implied,?including?but?not?limited?to?imrranties,?The?City?of?Rochester?specifically?disclaims?all?wadimensions, ?etc.?to?conduct?detailed?design.tions,?responsibility?for?field?verifying?elevations,?loca?should?be?used?as?reference?only.??It?is?the?user’sData?contained?has?not?been?field?verified?and?/WS?TS? RESOLUTION69Rochester, 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 OFSt SW to 300 feet south.nd Ave SW, east side, from 2 th 152.Add Section I, “Metered Parking,” Zone G, “3-Hour Meters,” Paragraph 32:east side from 2nd St, to 300 feet south.15th Ave SW, on thewest side, from 2nd St SW to 6th StSW, at all times and on the 1.AmendSectionB, “No ParkingZones,” Paragraph 213:be amended in the following respects:Traffic andParking Resolution, previously adopted and amended by the Common Council, BE IT RESOLVED by the Common Council of the City of Rochester that the Comprehensive M 70.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.000,005,1$?otdetimil?eb?dluow?ylppa?stimil?trot?yrotutats?eht?hcihw?ot?ecnerrucco?elgnis?a?rof?revocer?ot?elba?eb?dluowstn amialc?lla?hcihw?latot?ehT?.ylppa?stimil?trot?yrotutats?eht?hcihw?ot?mialc?yna?no?.000,005$?naht?eromon?revocer?ot?elba?eb?dluow?tnamialc?laudividni?na?,stimil?trot?yrotutats?eht?eviaw?ton?seod?ytiC? eht?fI:tcapmI?ecruoseR?&?lacsiF?.yllaunna?enod?si?mrof?reviaw?siht?fo?noitucexe?eht?gnizirohtuA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.ytiC?eht?tsniaga?mialc?ytilibail?a?gnikam?si?ohw?ytr ap?eht?ot?ylno?si?tifenebeht?;noitcetorp?retteb?ytiC?eht?evig?ton?seod?stimil?eht?gniviaW?.stimil?eht?seviaw?ytiC?eht?fi?evisnepxeerom?si?egarevoc?ytilibaiL?.stimil?ytilibail?yrotutats?eht?gniviaw?fo ?noitpo?eht?ytiC?eht?sevig?TICML:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.40.664?.tatS?.nniM?yb?denifed?era?stimil?ehT?.?ylppa?st imil?trot?yrotutats?eht?hcihw?ot?mialc?ynano?tnuoma?elbarevocer?eht?stimil?dna?sgnivas?tsoc?ycilop?a?sa?sevres?,draoB?srewoP?tnioJ?dehsretaWorbmuZ?htuoS?eht?dna?,ytirohtuA?tnempoleveD?cimonocE?retseh coR?eht?,ytiC?eht?rof?seicilop?ytilibailTICML?eht?sedulcni?hcihw?,ytilibail?trot?lapicinum?no?stimil?yratenom?eviaw?ton?ot?noitadnemmocer?sihT.TICML?eht?yb?dedivorp?ycilop?ecnarusni?ytilibail?yna?rof ?stimil?ytilibail?trot?yrotutats?eht?eviaw?ton?ro?eviaw ot?esoohc?retsehcoR?fo?ytiC?eht?taht?seriuqer?)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eugaeL?ehT:evitarraN?tropeR?.seicilop?detaler?lla?rof ytilibail?trot?lapicinum?no?stimil?yratenom?eht?"eviaw?ton"?ot?noitpo?eht?gnitceles?dna?,draoB?srewoP?tnioJdehsretaW?orbmuZ?htuoS?eht?dna?,ytirohtuA?tnempoleveD?cimonocE?retsehcoR?eht?,ytiC?eht?fo?fl aheb?nomroF?reviaW?ytilibaiL?)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eugaeL?eht?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???01.FmroF?reviaW?ytilibaiL)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eu gaeL NOITCA?ROF?TSEUQER hsirraP?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAsecruoseR?namuH:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE P 71 reviaW?ytilibaiL?)TICML(?tsurT?ecnarusnI?seitiC?atosenniM?fo?eugaeL?-?mroF:stnemhcattA mulB?nosaJ:yB?deraper League of Minnesota Cities 3/2/2023 72 South Zumbro Watershed Joint Powers BoardCity of Rochester, Rochester Economic Development Authority,XXCity ClerkMayorPosition:Signature:, or fax to 651.281.1298. pstech@lmc.orgto Email completed form to your city’s underwriter, (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust Position: _______________________________________________________________________________________Signature: _____________________________________________________________________________________ Date of member’s governing body meeting:___________________________________________________________ extent of the limits of the liability coverage obtained from LMCIT., to theMinn. Stat. § 466.04 the monetary limits on municipal tort liability established by WAIVES The member ☐.466.04Minn. Stat. § the monetary limits on municipal tort liability established by DOES NOT WAIVE The member ☐ Check one:_________________________________________________________________________________________ _____ LMCIT Member Name: __________________________________________________________________________ Claims to which the statutory municipal tort limits do not apply are not affected by this decision.single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a, a single claimant could If the member waives the statutory tort limits and purchases excess liability coverage•$2,000,000, regardless of the number of claimants.all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited toto the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The totalrecover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived, a single claimant could If the member waives the statutory tort limits and does not purchase excess liability coverage•regardless of whether the member purchases the optional LMCIT excess liability coverage.which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would applyany claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to, an individual claimant could recover no more than $500,000 on If the member does not waive the statutory tort limits•following effects: The decision has the annually by the member’s governing body, in consultation with its attorney if necessary.The decision to waive or not waive the statutory tort limits must be made Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to LIABILITY COVERAGE WAIVER FORM M 73:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.005,77$fo?tnuoma?eht?ni?.oC?rennoC?elyoD?ot?drawa?na?htiw?deecorp?li cnuoC?eht?sdnemmocer?skroW?cilbuP024,97$????????????????????.cnI?,etercnoC?kralC?.2005,77$???????????????????????.oC?rennoC?elyoD?.1:etouQ?????????????????????????????????????????????????????????:dev iecer?erew?setouq?gniwollof?ehT?.ytilitU?retaW?mrotS?eht?htiw?stser?won?klawediseht?fo?noitcurtsnoc?rof?ytilibisnopser?os?,detcurtsnoc?ton?erew?seitilicaf?nairtsedep?eht?,noitisiuqcafo?emit?eht?tA?.d eeD?mialC?tiuQ?aiv?4102?ni?WN?rD?enotsrehtaeW?gnola?ytreporp?eht?deriuqca?ytiC?ehT??.ytiC?eht?yb?detcurtsnoc?klawedis?eht?evah?ot?detcele?yeht?tub?rotcartnocetavirp?a?erih?ot?ytinutroppo?ot?meht?evig ?ot?CMO?detcatnoc?skroW?cilbuP?.tsoc?lluf?eht?rof?renwoeht?ssessa?dna?etairporppa?nehw?klawedis?eht?tcurtsnoc?yam?ytiC?eht?taht?setats?CMO?htiw?tnemeergAseitilicaF?nairtsedeP?ehT?.)CMO(?retneC?lacide M?detsmlO?yb?denwo?si?WN?TS?55?5515?ta?ytreporp?ehT?.krowten?nairtsedep?gnitsixe?eht?ni?ytivitcennoc?lanoitidda?edivorp?lliw?seitreporp?ehtgnola?klawedis?siht?gnitcurtsnoC?.)CMO(?retneC?lacideM?detsm lO?yb?denwo?si?rehto?eht?dna?ytilitU?retaWmrotS?eht?yb?dezilitu?dna?ytiC?eht?yb?denwo?si?slecrap?eht?fo?enO?.tsoc?'srenwo?eht?ta?seitilicaf?nairtsedepfo?noitallatsni?htiw?deecorp?ot?ytiC?eht?gniwolla ?,stnemeerga?esoht?ni?deniltuo?senilemit?tem?evah?slecraphtoB?.seitilicaf?nairtsedep?tcurtsnoc?ot?3102?dna?6002?morf?stnemeerga?tnempoleved?yb?detagilboera?taht?retsehcoR?tsewhtron?ni?seitreporp?owt? gnola?klawedis?gnitcurtsnoc?sedulcni?tcejorp?sihT:evitarraN?tropeR.3102?dna?6002?ni?detucexe?stnemeergatnempoleved?fo?tluser?a?sa?gnirrucco?WN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paG?klawediS?420 2eht?rof?,005,77$?fo?tnuoma?eht?ni?.oC?rennoC?elyoD?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???11.FWN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paGklawediS?4202?eht?rof?.oC?renn oC?elyoD?htiw?tcartnoC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE T 74 WN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paG?klawediS?4202?-?noituloseRWN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paG?klawediS?4202?-?tcartnoC?fo?mroF?dradnatSWN?rD?enotsrehtaeW?dna?WN?tS?ht55 ?ta?slliF?paG?klawediS?4202?-?paM?noitacoLWN?rD?enotsrehtaeW?dna?WN?tS?ht55?ta?slliF?paG?klawediS?4202?-?oC?rennoC?elyoD?-?etouQ:stnemhcattA seipS?relyT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca ?evitanretla?oN:)s(noitcA?evitanretlA 005,77$?:tsoc?tcejorp?latoT006,13$?-?)3056J(?dnuF?ytilitU?retaW?mrotS009,54$?-?retneC?lacideM?detsmlO.srenwo?gnittuba?eht?yb?lluf?ni?dednuf?eb?lliw?tcejorp?ehT:t capmI?ecruoseR?&?lacsiF tnemeergA?seitilicaF?nairtsedePytilicaF?enicideM?stropS?retneC?lacideM?detsmlO?eht?detpodA?-?gniteeM?licnuoC?:3102?,91?tsuguAnalP?noitisnarT?)ADA(?tcA?seitilibasiD?htiw?snacir emA?eht?detpodA?-?gniteeM?licnuoC?:3102?,72?yraurbeFtnemeergA?tnempoleveD?weivtsevraH?eht?detpodA?-?gniteeM?licnuoC?:6002?,12?tsuguAtseW?enotsrehtaeW?sa?nwonk?eb?ot?02-50#?talP?laniF?eht?detpodA?-?gn iteeM?licnuoC?:5002?,71?rebotcO:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdoohrobhgien?lla?hguorht?metsys?klawedis?elbissecca?dna?efasa?gniniatniam?dna?ngised?yawdaor?ot?detaler?sdradnats?dna ?seicilop?ytiC?htiw?tnetsisnoc?si?tcejorp?eh 75 76 CITY OF ROCHESTER, MINNESOTA77Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which are attached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component $77,500.00of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .November 1, 2024be fully and satisfactorily completed on, or before ARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.2024 Development Agreement Sidewalk Gap FillsMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute the consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Conner Co., 3741 Enterprise Dr SW, Rochester, MN 55902 Doyle by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT 2024 Development Agreement Sidewalk Gap Fill78Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The termsof the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the RESOLUTION79Rochester, 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 deemed to have abandoned the same.the contract is ready for their signature, and if not executed by them in said time, they shall be BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days after which shall be retained until the contract has been executed; andmade with their bids, except the deposits of the successful bidder and the next lowest bidder, BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the deposits improvements: 2024 Sidewalk Gap Fills at 55th St NW and Weatherstone Dr NW;andcontract for construction with Doyle Conner Co.,is authorized for the following approved local Minnesota,thatthebidof$77,500.00isherebyacceptedandex ecutionofthestandard City NOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, WHEREASit appears that Doyle Conner Co.is the lowest responsive and responsible bidder.$79,420.00Clark Concrete, Inc.$77,500.00Doyle Conner Co.BidContractorcomplying with theadvertisement:No. 2024 Development Agreement Sidewalk GapFill,the following bids were received WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project and Weatherstone Dr NW.Awarding a Contract To Doyle Conner Co. for the 2024 Sidewalk Gap Fills at 55th St NW M 80 nalP?noitisnarT?)ADA(?tcA?seitilibasiD?htiw?snaciremA?eht?detpodA?-?gniteeM?licnuoC?:3102?,72?yraurbeF:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sevitaitini?noisulcnI?dna?,ytiuqE?,ytisrev iD?tnerruc?sa?llew?sa?nalP?noitisnarTADA?s'ytiC?eht?htiw?tnetsisnoc?si?tcejorp?sihT?.0991?ni?ADA?eht?fo?egassap?eht?ot?roirp?depoleved?erewtaht?saera?ni?ssecca?nairtsedep?evorpmi?lliw?sihT?.pam?dehca tta?eht?ni?nwohs?sa?,saera?devresrednuni?seitilicaf?nairtsedep?fo?noitcurtsnocer?eht?ezitiroirp?osla?lliw?tcejorp?sihT?.stnemeergA?tnempoleveDrep?stnempoleved?wen?ni?ytivitcennoc?evorpmi?ot?spmar?nai rtsedep?stcurtsnoc?skroW?cilbuP:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP 437,802$????????????????????????????etami tsE?s'reenignE???????01.355,813$?????????????????cnI?,seinapmoC?rebmeP?.405.233,542$????????????????????cnI?,etercnoC?sdnegeL?.359.450,222$????????????????????????????oC?rennoC?elyoD?.280.062.971$??? ?????????????????CLL?,etercnoC?kcaZ-iT?.1ecirP?diB???????????????????????????????????????????????????????????????????.4202?,61?yluJ?no?deviecer?erew?sdib?gniwollof?ehT?.sdnuf?)GBDC(?tnarG?kcolBtnempo leveD?ytinummoC?htiw?dednuf?eb?lliw?spmar?gnitsixe?fo?stnemecalpeR?.stnemevorpmi?teerts?otroirp?aera?yalrevo?&?llim?5202?eht?ni?spmar?nairtsedep?gnitsixe?evorpmi?ot?seitinutroppo?deifitnedi?skroWcilb uP?,noitidda?nI?.dednuf-repoleved?era?dna?snoisividbus?suoirav?ni?detacol?era?spmar?nairtsedepwen?ehT?.stnemecalper?pmar?51?dna?spmar?nairtsedep?wen?02?fo?noitcurtsnoc?sedulcni?tcejorp?sihT:evitarraN ?tropeR.9274J?.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?rof,80.062,971$?fo?tnuoma?eht?ni?CLL?,etercnoC?kcaZ-iT?htiw?tcartnoc?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???21.F92 74J.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP4202?eht?rof?CLL?,etercnoC?kcaZ-iT?htiw?tcartnoC NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNI TANIGIRO4202?,5?tsuguA:ETAD?GNITEE O 81 9274J?.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?-?noituloseR9274J?.oN?tcejorP?-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?-?tcartnoC?fo?mroF?dradnatS9274J?.oN?tcejorP?-?snoitacoL ?suoiraV?ni?spmaR?nairtsedeP?4202?-?teehS?ataD?tegduB9274J?.oN?tcejorP?-?snoitacoL?pmaR?nairtsedeP?4202?-?paM:stnemhcattA seipS?relyT:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s( noitcA?evitanretlA.877,35$?foecnawolla?ycnegnitnoc?dna?,tseretni?,gnireenigne?na?edulcni?snoitacolla?gnidnuf?dna?tegdub?tcejorp?ehT?73.006,301$?-?)9028J(?snoitubirtnoC?repoleveD17.734,99$?-?sdnuf?GBD C000,03$?-?)5664J(?yveL?xaT?noitisnarT?ADA?:secruos?gniwollof?eht?yb?dednuf?si?tcejorp?sihT:tcapmI?ecruoseR?&?lacsiF 9274J?.oN?tcejorP-?snoitacoL?suoiraV?ni?spmaR?nairtsedeP?4202?-?diB?ot?noitaziroht uA?-?gniteeM?licnuoC?:4202?,61?enuJ)PIC(?nalP?tnemevorpmI?latipaC?9202-4202?eht?detpodA?-?gniteeM?licnuoC?:3202?,40?rebmeceDsnoitacollA?tnarG?kcolB?tnempoleveD?ytinummoC?4202?eht?detpodA?-?gniteeM?li cnuoC?:3202?,20?rebotc 82 83 7/24/2024 84 COUNCIL ACTION DATECompletion DateProject Substantial 2024 Pedestrian Ramps in Various Locations Date of Origination Pedestrian Facilities (550)TOTALTOTAL Land AcquisitionEngineering, Interest, Contingencies TOTAL 100.0%100.0%0.0%44.5%48.4%Developer Funds/Contributions (J4606)40.5%42.7%(CDBG)Community Development Block Grant11.1%12.9%Disabilities Act (ADA) TransitionTax Levy (from Americans with FUNDING DISTRIBUTION PERCENTAGE $ - $ 233,038.08 $ 271,354.00103,600.37131,354.00Developer Funds/Contributions (J4606)110,000.0099,437.71(CDBG)Community Development Block Grant30,000.0030,000.00Disabilities Act (ADA) TransitionTax Levy (from Americans with FUNDING DISTRIBUTION -$ 271,354.00$ 233,038.08$ 62,620.0053,778.000.00208,734.00179,260.080.00 SUB-TOTAL 208,734.00179,260.08 CONSTRUCTION COSTSFEASIBILITYCONTRACTFINALEN GINEER ESTIMATE /08/05/2406/17/2410/18/24N/AType: N/ACIP Project No.: N/A06/17/24 State Aid No.4729Year: N/APage No.: N/A J No.Capital Improvement Information:J4729 Project No.Ti-Zack Concrete, LLCProject Inspector:CityContractor:Tyler SpiesEngineering Firm:CityProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT CITY OF ROCHESTER, MINNESOTA85Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which areattached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$179,260.08of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .October 18 , 2024be fully and satisfactorily completed on, or before ARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.J47292024 Pedestrian Ramps in Various LocationsMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and executethe consideration hereinafter stated, agree as follows:"Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for hereinafter called the Zack Concrete, LLC, 39352 221 Ave, Le Center, MN 56057Ti-by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J47292024 Pedestrian Ramps in Various Locations86Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the RESOLUTION87shall be deemed to have abandoned the same.after the contract is ready fortheir signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andLocationsJ47292024 Pedestrian Ramps in Various approved local improvements: Project No.is authorized for the following ,Ti-Zack Concrete, LLCCity contract for construction with isherebyacceptedandexecutionofthestandard $179,260.08Minnesota,thatthebidofNO W,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the lowest responsive and Ti-Zack Concrete, LCCWHEREASit appears that $318,553.10IncPember Companies, $245,332.50Legends Concrete, Inc$222,054.95Doyle Conner Co$179,260.08Ti-Zack Concrete, LLCBidcomplying with theadvertisement:,the following bids were received J47292024 Pedestrian Ramps in Various LocationsNo. WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project Awarding Contract for Project No.J47292024 Pedestrian Ramps in Various Locations PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF88Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. M 89 879,945$oC?rennoC?elyoD837,245$cnI,noitcurtsnoC?roclE05.722,244$gnitcartnoC?.L.S525,034$cnI,seinapmoC?rebmeP879,393$CLL?,NOCIdiBreddiB?:4202?,52?yluJ?no?deviecer?erew?sdib?gniwollof?ehT.tcejorp? yalrevo?suonimutib?dna?llim?eht?ot?roirp?detatilibaherton?erew?snisab?hctac?retaw?mrots?eht?taht?tneve?eht?ni?syawdaor?decafruser?brutsid?ot?deen?ehtetanimile?dna?dennalp?sa?deecorp?ot?tcejorP?yalrev O?dna?lliM?5202?eht?wolla?lliw?krow?siht?gnicruostuO.rotcartnocetavirp?a?yb?dib?rof?evoba?debircsed?sa?desoporp?neeb?sah?tcejorp?a?,eroferehT?.tcejorP?yalrevO?dnalliM?5202?s’ytiC?eht?fo?ecnavda?ni?no saes?noitcurtsnoc?4202?eht?gnirud?sserdda?ot?swerc?ecnanetniamteerts?dna?rewes?s’ytiC?eht?fo?yticapac?eht?sdeecxe?krow?noitatilibaher?nisab?hctac?retaw?mrotsfo?emulov?eht?,revewoH?.raey?gniwollof?eht ?tcejorp?yalrevo?suonimutib?dna?llim?eht?fo?ecnavda?ni?krownoitatilibaher?nisab?hctac?retaw?mrots?eht?mrofrep?swerc?ecnanetniam?teerts?dna?rewes?ytiC?,yllacipyT.noitcurtsnocer?rettug?dna?bruc?dna?,tn emecalper?)etarg?telni(?gnitsac?,edarg?tarettug?eht?nihtiw?etarg?telni?eht?tes?ot?desu?sgnir?fo?gnidliuber?eht?sedulcni?noitatilibaher?nisab?hctac?retawmrotS?.steerts?detceffa?eht?nihtiw?detacol?era? taht?snisab?hctac?retaw?mrots?fo?noitatilibaher?eht?sedulcniosla?krow?sihT?.margorP?noitavreserP?tnemevaP?eht?fo?trap?sa?ytiroirp?no?desab?steerts?fo?rebmun?tcelesa?no?yalrevo?suonimutib?dna?llim?htp ed-laitrap?a?smrofrep?tnemtrapeD?skroW?cilbuP?eht?,raey?yrevE:evitarraN?tropeR.7376J?.oN?tcejorP?–?tcejorP?noitatilibaheR?nisaB?hctaC?retaW?mrotS4202?eht?rof?879,393$?fo?tnuoma?eht?ni?CLL?,NOCI?htiw? tcartnoc?a?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???31.F7376J.oN?tcejorP?-?tcejorP?noitatilibaheR?nisaB?hctaCretaW?mrotS?4202?eht?rof?CLL?,NOCI?htiw?tcartnoC NOITCA?ROF?TSEUQER nietskcuL?noraA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE A 90 7376J?-?tcejorP?noitatilibaheR?nisaB?hctaC?4202?-?teehS?ataD?tegduB7376J?-?tcejorP?noitatilibaheR?nisaB?hctaC?4202?-?tcartnoC?fo?mroF?dradnatS7376J?-?tcejorP?noitatilibaheR?nisaB?hctaC?4202?-?no ituloseR7376J?-?tcejorP?noitatilibaheR?nisaB?hctaC?4202?-?paM?noitacoL?tcejorP:stnemhcattA adarhuoS?bocaJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.dnuF?esir pretnE?ytilitU?retaW?mrotSeht?fo?sgninrae?deniater?morf?decruos?si?gnidnuf?ehT?.4056J?.oN?tcejorP?–?riapeR?metsyS?ecnayevnoCrof?gnidnuF?:margorP?launnA?,2?.oN?paM?,)PIC(?nalP?tnemevorpmI?latipaC?reta W?mrotS?9202-4202eht?morf?dednuf?eb?lliw?,7376J?.oN?tcejorP?–?noitatilibaheR?nisaB?hctaC?retaW?mrotS?4202?,tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF tnemesitrevda?dib?rof?lavorppA?–?gniteeM?licnuoC?:4202? ,71?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytrevoP?rof?ycnegA?lortnoC?noitulloP?atosenniM?eht?yb?deifitnedi?nrecnocfo?saera?ecitsuj?latnemnorivne?nihtiw?detacol?era?tcejorP?yalrevO?dna ?lliM?5202?detaicossa?eht?dnatcejorP?noitatilibaheR?nisaB?hctaC?retaW?mrotS?4202?desoporp?eht?fo?snoitroP?.sdradnats?ytefas?dnaecnanetniam?erutcurtsarfni?retaw?mrots?ot?detaler?seicilop?ytiC?htiw?tne tsisnoc?si?tcejorp?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP pihsdrawetS?latnemnorivnEytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP.reddib?wol?tnerappa?eht?ot?tcartnoc?eht?gnidrawa?sdnemmo cer?skroW?cilbuP?673,054$etamitsE?s’reenignE??596,627$CLL,seinapmoC?nabrU526,526$cnI?,gnitavacxE?1- Project Location Map - 2024 Catch Basin Rehabilitation Project - J6737 91 Project Areas 54321 RESOLUTION92shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the CityClerk is directed to return to all bidders the ;andJ6737, 2024 Catch Basin Rehabilitation Projectimprovements: Project No.is authorized for the following approved local ,ICON, LLCCity contract for construction with isherebyacceptedandexecutionofthestandard $393,978.00Minnesota,thatthebidofNOW,THEREFORE,BEITR ESOLVEDbytheCommonCounciloftheCityofRochester, is the lowest responsive and responsible bidder.ICON, LLCWHEREASit appears that $726,695.00Urban Companies, LLC$625,625.00A-1 Excavating, Inc$549,978.00Doyle Conner Co$542,738.00Elcor Construction, Inc$442,227.50S.L. Contracting$430,525.00Pember Companies, Inc$393,978.00ICON, LLCTotalBiddercomplying with theadvertisement:,the following bids were received J6737, 2024 Catch Basin Rehabilitation ProjectNo. WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project Awarding Contract for Project No.J6737, 2024 Catch Basin Rehabilitation Project PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF93Rochester, 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. CITY OF ROCHESTER, MINNESOTA94 Corporate Acknowledgement 13. 9 Form-W .12 Contractor’s Supplemental Responsible Contractor Certificate .11 Workers Compensation Insurance Certificate .10 Payment Bond for Labor and Material (if needed) 9. Performance Bond 8. Tennessen Warning 7. This Contract 6. identified as Sheets 1 to _______ fordrawings which are attached to the Specifications or which are Plans and 5. Specifications 4. Special Provisions, (if any) 3. General Conditions of the Specifications for Public Improvements 2. The Form of Proposal (conformed copy) 1. parts:ARTICLE IV. The Contract Documents shall consist of the following component $393,978.00of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of nform in the conformed copy of the Form of Proposal hereto attached, which prices shall coaccept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .November 1, 2024be fully and satisfactorily completed on, or before ARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents. ilitation ProjectJ6737, 2024 Catch Basin Rehab Minnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees to perform and execute consideration hereinafter stated, agree as follows:THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the hereinafter called the "Contractor". dge Center, MN 55927Highway ST E, Do 330, LLC ICON,by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J6737, 2024 Catch Basin Rehabilitation Project95 Krage, City Attorney-Michael Spindler ____________________________________ Approved as to Form & Execution Title By Title By Contractor Kelly K. Geistler, City Clerk Attest Mayor, Kim Norton By The City of Rochester, Minnesota IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.y its terms contractor has read this agreement, understands it, and agrees to be bound bby the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, riting by the parties.provided for in wshall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions fully a part of the contract as if attached hereto or herein Contract, and all documents are as This contract, together with the documents hereinabove mentioned, form the 7/25/2024 96 COUNCIL ACTION DATECompletion DateProject Substantial 2024 Catch Basin Rehabilitation Project Date of Origination Storm Sewer (450)TOTAL Land AcquisitionEngineering, Interest, Contingencies TOTALTOTAL 100.0%100.0%0.0%100.0%100.0%Conveyance System Maintenance 6504 FUNDING DISTRIBUTION PERCENTAGE$495,413.60$433,375.80$0.00Conveyance System Maintenance 6504 FUNDING DISTRIBUTION$0.00$0.00$39,397.80$45,037.60$0.00 SUB-TOTALCONSTRUCTION COSTSFINALCONTRACTFEASIBILITYENGINEER ESTIMATE /08/05/2406/17/2411/01/24 Description:06/17/24CIP Project No.: J6504Type: Storm Water State Aid No.Page No.: 818Year: 2024-2029J6737 J No.Capital Improvement Information:Project No.CityProject Inspector:Icon, LLCContractor:CityEngineering Firm:Jacob SouhradaProject Manager:BUDGET DATA SCHEDULE FOR CONSTRUCTION CONTRACT M 97 etarepo?lliw?tisnarT?dipaR?KNIL??.ytilibissecca?ADA?dna?,noitamrofni?etuor?dna?,eludehcs?,lavirra?emit-laer?,smroftalp?gnidraob?level?,gnidnarb?KNIL?cificeps-TRB?eht?htiw?dengised?eb?lliw?snoita ts?TRB?llA?.tnemngila?eht?gnola?ytiroirp?langis?tisnart?yolpme?dna?,htgnel?sti?fo?tsom?rof?senal?tisnartdna?ssecca?ssenisub?ni?etarepo?,snoitats?neves?evah?lliw?tisnarT?dipaR?KNIL??.tsaehtuoS?tnorfre taWnwotnwoD?sa?nwonk?aera?erca-06?a?fo?tnempoleved?eht?dna?,egalliV?tisnarT?tseW?eht?sa?ot?derrefertnempoleved?detneiro-tisnart?erca-31?wen?a?,sdoohrobhgien?nabru?dehsilbatse?ot?retneC?tnemnrevoGdets mlO-retsehcoR?eht?dna?,sesupmac?cinilC?oyaM?,ekaL?edacsaC?,retneC?civiC?oyaM?eht?,retsehcoRnwotnwod?tcennoc?lliw?KNIL?.tisnarT?dipaR?KNIL?sa?nwonk?eb?ot?,retsehcoR?nwotnwod?ni?WS?teertSdn2?gnola?etuo r?)TRB(?tisnart?dipar?sub?elim-8.2?a?fo?noitatnemelpmi?eht?sesoporp?retsehcoR?fo?ytiC?ehT?.eseht?htiw?eerga?yeht?dna?,oyaM?htiw?setadpu?eht?gniweiver?neeb?evah?setammaet?ytiC??.stnemeergaeht?fo?weivr evo?na?dedivorp?noisses?yduts?,4202?,92?lirpA?eht?,weiver?ATF?eht?fo?noitapicitnanI??.weiveR?ssenidaeR?ATF?eht?gnissap?erofeb?lavorppa?eriuqer?lliw?dna?lacitirc?era?stnemeerga?esehT?.emit?taht?ta?der iuqereb?dluow?,elbacilppa?fi?,lavorppa?ATF?dna?noitca?licnuoc?,rucco?dluohs?taht?fI??.erutuf?eht?ni?dedeennehw?dezilanif?eb?lliw?dna?ylno?mrof?ot?sa?decnerefer?si?tnemeergA?noitanimreT-tsoP?ehT?.tnem eergaeht?fo?smret?eht?ot?edam?erew?segnahc?lairetam?oN?.lavorppa?rof?dednemmocer?era?stnemeergatneuqesbus?dna?,ytiralc?rof?dednema?si?tnemeergA?secivreS?oyaM?eht?,weiver?s'ATF?nopU?.tnemeergAnoitanim reT-tsoP?dna?,tnemeergA?esU?derahS?,tnemeergA?noitcurtsnoC?detanidrooC?eht?:stnemeergatneuqesbus?dedulcni?dna?,2202?,22?tsuguA?no?devorppa?saw?tnemeergA?snoitarepO?secivreS?oyaM?ehT?.tnemeergA?noitan imreT-tsoP?dna?,tnemeergA?esU?derahS?,tnemeergA?noitcurtsnoC?detanidrooC?,tnemeergA?snoitarepOsecivreS?oyaM?eht?eb?ot?ATF?yb?deifitnedi?saw?hcihw?stnemeerga?ytrap?driht?lacitirc?sedulcni?weiver?sihT. weiveR?ssenidaeR?ksiR?s'ATF?ogrednu?ot?deriuqer?si?tcejorp?eht?,lavorppa?tnarg?ot?roirP?.tnemeergAtnarG?stratS?llamS?eht?sdrawot?)ATF(?noitartsinimdA?tisnarT?laredeF?htiw?ylesolc?gnikrow?neeb?sah?yti Ceht?dna?ngised?%09?ta?yltnerruc?si?tcejorp?ehT?.)ADE?CMD(?ytirohtuA?tnempoleveD?cimonocE?retneClacideM?noitanitseD?eht?dna?,cinilC?oyaM?,ytiC?eht?htiw?tcejorp?tnioj?gniogno?na?si?tisnarT?dipaR?kniL: evitarraN?tropeR.tcejorPtisnarT?dipaR?suB?KNIL?eht?rof?cinilC?oyaM?dna?retsehcoR?fo?ytiC?eht?neewteb?tnemeergA?esU?derahSdna?,tnemeergA?noitcurtsnoC?detanidrooC?,1?tnemdnemA?tnemeergA?snoitarepO?seci vreS?gnivorppA:detseuqeR?noitcA???41.FtcejorP?tisnarT?dipaRsuB?KNIL?eht?rof?cinilC?oyaM?eht?htiw?stnemeergA NOITCA?ROF?TSEUQER resuahnietS?ydniC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?y tiC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE f 98.dezirohtua?.cnI?,puorG?gnitlusnoCFRS?htiw?tcartnoc?secivres?lanoisseforp?eht?ot?tnemdnema?tcartnoC?-?gniteeM?licnuoC?:2202?,32?.beF.eludehcs?dna?ygetarts?gnidnuf,tegdub?,noitinifed?tcejorp?ot?se gnahc?desiver?elbissop?deweiveR?–?noisseS?ydutS?licnuoC?:2202?,7?.beF.etadpU?tcejorP?lareneG?–?noisseS?ydutS?licnuoC?:1202?,51?.voN.dezirohtua?erutcurtsarfnitisnarT?dipaR?KNIL?eht?otni?tra?fo?noisulc ni?eht?rof?tcartnoC?–?gniteeM?licnuoC?:1202?,91?yluJ.devorppa?noitacilppA?tnargstratS?llamS?)ATF(?noitartsinimdA?tisnarT?laredeF?a?fo?noissimbuS?-?gniteeM?licnuoC?:0202?,71?tsuguA.devorppA?tcejorP?ti snarT?dipaR?nwotnwoD?eht?ot?hcaorppA?desahP?–?gniteeM?licnuoC?:0202?,4?yaM.devorppa?gnitlusnoC?FRS?htiw?tcartnoC?-?gniteeM?licnuoC?:0202?,61?raM.devorppa?tnempoleved?tcejorprof?tnemtimmoc?laicnanif?d na?)APL(?evitanretlA?derreferP?yllacoL?-?gniteeM?licnuoC?:9102?,81?.voN.weiver?latnemnorivne?dna?gnireenigne?ot?tnemtimmoclaicnanif?htiw?evA?yawdaorB?no?tisnart?dipar?gnitroppus?noituloseR?-?gniteeM? licnuoC?:9102?,12?.tcO.tpecnoC?noitatnemelpmI?dna?snoitacoL?egalliV?tisnarT?-?gniteeM?licnuoC?:9102?,4?raM.lavorppA?tpecnoC?noitatnemelpmI?dna?snoitacoL?egalliV?tisnarT?-?CCMD?:9102?,5?beF:tnemegagnE ?ytinummoC?&?snoitcA?evitalsigeL?roirP.sevitanretla?eseht?fo?gnidnatsrednu?rieht?ni?gnitsissa?dnanoitatropsnart?fo?sedom?evitanretla?gnihsilbatse?yb?ylefas?ytinummoc?ruo?dnuora?evom?sdlohesuohtnednep ed?tisnart?gnipleh?yb?ytiuqe?cimonoce-laicos?sa?llew?sa?ytilibissecca?dna?ssecca?esaercnI.slaog?tfihs?edom?noitatropsnart?dna?noitcuder?sag?esuohneerg?s’ytiC?eht?rof?troppuS.slaog?noitatropsnart?fo?n oisulcni?dna?noitacifitnedi?eht?hguorht?secivres?tisnart?fo?noisnapxe?ehT:swollof?sa?era?snoitaredisnoc?ycilop?yek?cificepS?)8102(?ecnatpeccA?ydutS?noitatropsnarT?detargetnI)8102(?deeccuS?ot?gninnalP ?:nalP?evisserpmoC?0402?retsehcoR)7102(?nalP?tnempoleveD?tisnarT?retsehcoR)4102(?nalP?tnempoleveD?CMD)0102(?nalP?retsaM?nwotnwoD:morf?ecnadiug?dna?seicilop?yb?detroppus?dna?tnetsisnoc?si?tisnarT?dipa R?KNIL?retsehcoRnwotnwoD?ytinummoc?ruo?rof?ytiuqe?cimonoce-oicos?dna?laicar?gnitroppus?tnemegagnE?dna?noitcennoCytinummoC?fo?laoG?IED?ediwytiC?eht?sevresbo?tisnarT?dipaR?KNIL?fo?noitatnemelpmi?dna?ng iseD?.ciffart?gnisaercni?fo?stceffe?laicos?dnacimonoce?,latnemnorivne?etagitim?dna?dnamed?levart?gniworg?evres?ot?yticapac?erom?htiw?ecivres?retsafdna?,ecneirepxe?elbatrofmoc?erom?a?edivorp?dna?tnemt sevni?tcartta?ot?sesub?dna?snoitats?ytilauq-hgiH.noitatropsnart?elbaniatsus?ni?tnemtsevni?mret-gnol?A?:sedivorp?taht?metsys?tisnart?dipar?sub?a?rof?noisivs’licnuoC?ytiC?eht?htiw?tnemngila?ni?si?tneme ergA?ehT?.ytilibaniatsus?dna?ytilibisnopser?lacsif?fo?elpicnirplanoitadnuof?eht?dna?seitiroirp?cigetarts?eerht?slicnuoC?ytiC?eht?htiw?tnemngila?ni?si?tnemeergA?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.stnemucod?eseht?devorppa?dna?deweiversah?oyaM?.kniL?eht?rof?enildaed?s’ATF?ot?eud?lacitirc?si?stnemeerga?dn a?tnemdnema?eht?fo?gnimit?ehT???.m.a?21ot?.m.a?8?morf?sdnekeew?no?setunim?51?yreve?etarepo?lliw?KNIL?.semit?rehto?setunim?01?yreve?dna?).m.p6-3?dna?.m.a?8-5(?sruoh?hsur?gnirud?setunim?5?yreve?ecivres ?htiw?,yadkeew?hcae?.m.a?21?ot?.m.a?5?mor J 99 3202?,5?rebmetpeS?seicnegnitnoC?secivreS?tisnarT?oyaM?TRB?kniL?-?tnemeergAtnemdnemA?tsriF?tnemeergA?secivreS?ATF?-?tnemeergAtnemeergA?esU?derahS?TRB?kniL?-?tnemeergAtnemeergA?noitcurtsnoC?detani drooC?TRB?kniL?-?tnemeergA7078J?.oN?.jorP?-?2202?,22?tsuguA?tnemeergA?secivreS?tisnarT?KNIL?detucexE?-?tnemeergA:stnemhcattA gnarfeD?auhsoJ:yB?deraperP.tnarG?stratS?llamS?eht?fo?drawagnidnuF?ATF?s'yt iC?eht?yaled?lliw?siht?lavorppa?tuohtiW?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA??.retsehcoR?ni?sredir?lla?ot?noitpo?eraf-on?a?sa?KNIL?edivorp?ot?erahslacol?nopu?deerg a?eht?yllaunna?ytiC?eht?yap?ot?seerga?cinilC?oyaM?,tnemeergA?desoporp?eht?fo?smreteht?ot?gnidroccA?.noillim?5.3$?eb?ot?detamitse?si?KNIL?rof?eef?gnitarepo?launna?eht?fo?erahs?lacol?ehT:tcapmI?ecruose R?&?lacsiF pohskroW?ksiR?noitartsinimdA?tisnarT?laredeF?:4202?,5-4?enuJegalliV?tisnarT?tseW?&?TRB-etadpU?noisseS?ydutS?:4202?,92?,lirpA7078J?.oN?tcejorP?tisnarT?dipaR?kniL?rof?secivreS?tnemeganaM?noi tcurtsnoC?:4202?,22?yraunaJetadpU?tisnarT?dipaR?KNIL?-?noisseS?ydutS?licnuoC?ytiC?:3202?,32?rebotcOslasoporP?rof?tseuqeR?noitisiuqcA?yaW?fo?thgiR?:3202?,5?enuJnwotnwoD?syadsruhT?:2202?,12?yluJ?&?61?e nuJ.mp6?dna?noon?ta?sranibew?cilbuP?:2202?,62?yaM.po-oC?dooF?s’elpoeP?ta?pu-pop?ytinummoC?:2202?,12?yaM.latipsoH?syraM?tniaS?fo?tnorf?ni?pu-pop?ytinummoC?:2202?,81?yaM.gniteem?doohrobhgieN?kraP?ylret talS?ta?noitatneserP?:2202?,62?lirpA.retneC?tnemnrevoG?morf?del?rodirroc?tcejorp?fo?ruot?suB?:2202?,62?lirpA.loohcS?yratnemelE?lartneC?edisreviR?morf?del?klaw?doohrobhgieN?:2202?,91?lirpA.hcruhC?nare htuL?lehteB?ta?dleh?esuoH?nepO?:2202?,21?lirpA:tnemegagnE?cilbuP?tneceR.eludehcs?dnaygetarts?gnidnuf?,tegdub?,noitinifed?tcejorp?ot?segnahc?desiver?devorppA?–?gniteeM?licnuoC?:2202?,6?enu EXECUTION VERSION 100 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB S.350319211.27 U RC110-129-808650 v1 DM1699610 1 for a portion of the cost of the Services to be provided by the City as described herein. this service to Mayo Employees, Mayo has agreed to contribute to the costs of the LINK by paying replace Mayo’s shuttle service along the LINK Route), and in recognition of the benefit to Mayo for , in exchange for the City providing the LINK (which will, for the most part, WHEREAS as other funding necessary to provide the Services; and ”) through the Federal Transit Administration, as well Small Starts Grant solely for the LINK (“and purchase assets for the LINK, the City plans to obtain funding, including a Small Starts grant , in order to make the project financially feasible for the City to design, construct WHEREAS that is used by Mayo’s Employees, patients and guests; and the public and Mayo Employees that is greater than or equivalent to Mayo’s existing shuttle service the City and Mayo desire to establish a rapid transit service standard for WHEREAS, ”); and LINK Route(such route, the “the Mayo Civic Center, Mayo Clinic campuses, and the Rochester-Olmsted Government Center Street SW that will connect downtown Rochester, nd” along 2 LINK rapid transit route known as the “in furtherance of these goals and purposes, the City will construct a 2.8 mile WHEREAS, residents, employees, and visitors; and congestion, prepare for growth, support sustainable development, and improve quality of life for reduce the need for parking spaces in downtown Rochester, alleviate present and future traffic , the City and Mayo intend to create a system that will expand transit options, WHEREAS serve a public purpose and will benefit both Mayo and the general public; and Waterfront Southeast in order to alleviate traffic congestion in downtown Rochester, which will connect downtown Rochester, the Mayo Civic Center, Mayo Clinic campuses, and the Downtown , the City and Mayo share the goal of providing transportation services to WHEREAS the public; and , the City is in the business of providing transportation services in order to serve WHEREAS”. Parties” or, collectively, as the “Party are each sometimes referred to herein individually as a “”). Mayo and the City Mayo 55905, on its own behalf and on behalf of its affiliates and subsidiaries (“Street SW, Rochester, Minnesota st Minnesota nonprofit corporation, with offices at 200 1, a MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH”), and City(“the Street SE, Rochester, Minnesota 55904 th Minnesota municipal corporation, with offices at 201 4, a CITY OF ROCHESTER”), by and between the Effective Date, 2022 (the “August?22”) is entered into as of Agreement(the “LINK TRANSIT SERVICES AGREEMENT This LINK TRANSIT SERVICES AGREEMENT US.350319211.27 101 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Agreement are contingent upon: (a) Contingencies in Favor of the City. The City’s obligations to perform its obligations under this Contingencies. Section 4. for the purposes of work. including counting practices as agreed to by Mayo from time to time, when utilizing the LINK Employees shall be informed and reminded of the requirement to comply with LINK processes, (b) During the Term, Mayo agrees to establish and maintain a process pursuant to which Mayo that has been superseded by a term of the Plan. control, but only to the extent the Plan expressly identifies each provision of the Agreement a provision of this Agreement that is applicable to all Services, the provisions of the Plan shall of the Services under this Agreement. To the extent a provision of a Plan is inconsistent with Any Critical Services, Urgent Services or Enhanced Services set forth in a Plan shall be a part , as initiated by Mayo. Exhibit B-2(ii) provide the Critical Services, Urgent Services or Enhanced Services set forth on ”); and Services“ to this Agreement (collectively, the Exhibit B-1(i) provide the services set forth on During the Term, the City agrees to: (a) . Services and Obligations Section 3. Term of the Agreement shall be a total of forty (40) years after the Revenue Service Start Date. 17(a)(iv). In the event the Agreement remains in place for the Initial Term and all Renewal Terms, the not be effective if the City has provided notice of termination of this Agreement as provided in Section Term or Renewal Term; provided, however, that such exercise of the right to a Renewal Term shall provide the City with written notice at least 365 days prior to the expiration of the then-current Initial ”). In order to exercise its option for a Renewal Term, Mayo shall Term referred to herein as the “,” and, to the extent exercised, the Renewal Term(s) collectively with the Initial Term shall be TermRenewal renew this Agreement for four (4) successive renewal terms of five (5) years each (each a “”), unless terminated as provided herein. Mayo may elect, in its sole discretion, to Service Start DateRevenue commencing on the date the City begins providing Transit Services on the LINK Route (the “”), Initial Term remain in full force and effect for an initial term of twenty (20) years (the “ The term of this Agreement shall commence on the Effective Date and shall Term. Section 2. .AExhibit Capitalized terms used herein shall have the meanings set forth in Definitions. Section 1. hereby acknowledged, the Parties agree as follows: this Agreement and other good and valuable consideration, the receipt and sufficiency of which are in consideration of the mutual covenants and promises contained in ,NOW THEREFORE RC110-129-808650 v1 DM1699610 2 US.350319211.27 102 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 4(b).any right to terminate this Agreement for failure of any of the conditions set forth in this Section identified in this Section 4(b) before the Revenue Service Start Date, Mayo will no longer have If Mayo does not terminate this Agreement due to a failure of one or more of the contingencies to the other all Confidential Information (as defined in Section 19(b) below) of the other Party.for those accruing prior to the date of termination, and each Party shall cease use of and return shall expire and neither Party shall have any further obligations under this Agreement except set forth for their completion, Mayo may elect to terminate this Agreement and this Agreement If one or more of the contingencies identified in this Section 4(b) are not satisfied by the date (iii)on or before July 1, 2023, the Parties’ execution of the Additional Agreements.(ii)on or before January 1, 2027, the City’s commencement of the Services; andthe new Infrastructure related to the LINK;(i)on or before December 31, 2024, the City’s Commencement of Construction of any of(b)Mayo Contingencies. Mayo’s obligations to perform its obligations under this Agreement are Agreement for failure of any of the conditions set forth in this Section 4(a).before the Revenue Service Start Date, the City will no longer have any right to terminate this Agreement due to a failure of one or more of the contingencies identified in this Section 4(a) If the City does not terminate this use of and return to the other all Confidential Information.Agreement except for those accruing prior to the date of termination, and each Party shall cease Agreement shall expire and neither Party shall have any further obligations under this set forth for their completion, the City may elect to terminate this Agreement and this If one or more of the contingencies identified in this Section 4(a) are not satisfied by the date ”).Additional Agreements(collectively, the “Exhibit E(iii)on or before July 1, 2023, the Parties’ execution of the agreements listed on or before November 1, 2026; andinclude, upon completion, at least 2300 stalls, and completion of such construction onRochester, MN) or the eastern terminus of the LINK Route, which collectively shall St SW,nd structure or structures on the West Transit Village (located at or near 2905 2(ii)on or before April 1, 2025, Mayo’s Commencement of Construction of a parkingfunds (i.e. property tax dollars) to support the Services;throughout the Term of the Agreement, the City is not committing to spend generalCenter Transit Aid, and other similar funding sources. The Parties acknowledge that,state and county government, the State and Olmsted County Destination Medicalincluding but not limited to the Federal Government (Federal Transit Administration),(i)on or before July 1, 2024, the award of funds to the City from other public entities, RC110-129-808650 v1 DM1699610 3 US.350319211.27 103 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB. Exhibit D this Agreement, Mayo shall pay the City the amounts and in the manner set forth in . As payment for all of the Services furnished by the City pursuant to Compensation Section 7. To the extent applicable, the persons performing the Services must be properly licensed or registered. be fully qualified, adequately experienced, and trained before being assigned to perform the Services. workmanlike manner. All employees of the City performing the Services under this Agreement shall . The City shall perform the Services in a professional and The City Qualifications Section 6..F-1Exhibit to add Mayo as an additional insured under all liability insurance policies outlined on and the City shall then immediately notify Mayo. The City shall cause all Major SubcontractorsSubcontractors to immediately notify the City of any modification or cancellation of coverage,. The City shall require Major Exhibit F-1 coverage for Major Subcontractors required by attached. They City will provide to Mayo upon request evidence of insurance Exhibit F-1 Subcontractors related to this Agreement shall expressly include, the requirements set forth inCity shall require all Major Subcontractors to comply with, and all subcontracts for Majorfor any of its obligations under this Agreement as a result of a subcontracting agreement. Theas if the City itself performed or failed to perform, and the City shall not be relieved of liabilityresponsible for the performance or non-performance by any Subcontractors, to the same extentSubcontractor shall be deemed performance by the City itself. The City shall remain fullyregistered. For purposes of this Agreement, performance of a City obligation by aextent applicable, the Subcontractors performing the Services must be properly licensed orPerformance Measures and complies with the terms and conditions of this Agreement. To thewill be fully responsible to ensure that all work performed by such Subcontractors meets theThe City shall use only competent, qualified, and skilled Subcontractors for which the City(c)the RFP. All RFPs for Software shall also be subject to the provisions of Section 14(b).received, Mayo will have the right to participate in the evaluation process of the responses tosafeguards (e.g., escrowing source code and encryption code/key). After responses have beenidentified by Mayo, and shall include, if determined by Mayo to be necessary, additionalMajor Subcontractor satisfy certain design, implementation, and system requirementsfunding procurement requirements. Any RFP for Software shall include a requirement that thecriteria, and scoring criteria, subject to meeting federal, state, local, or other prospectiveprovide feedback on the draft RFP provisions concerning the proposed scope of work, selectionany RFP for Services as described in this Section 5, Mayo will have the right to review and”). Prior to the City issuing RFP”), the City will issue a Request for Proposals (“SubcontractorMajor excess of $50,000 per year for Services (such Subcontractor providing such Services, a “When soliciting for Subcontractors to provide Software or whose contract is expected to be in(b)this Agreement, or in combination with other similar services provided by the City.Subcontractor or Subcontractors may be retained by the City to perform Services exclusive to”) to provide some or all of the Services under this Agreement. Such Subcontractors“” or Subcontractor The City may contract with one or more third parties (a “(a). Subcontractors; Major Subcontractors Section 5. RC110-129-808650 v1 DM1699610 4 US.350319211.27 104 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB”). The City and Mayo acknowledge and agree that each Party’s Background Background IP(“Date of the Agreement or arising outside of the Services conducted under this Agreement to the other Party any right in or license to any Intellectual Property owned as of the Effective It is expressly agreed that neither Mayo nor the City transfers by operation of this Agreement (a) . Intellectual Property Section 10. other taxes or charges applicable to the City’s actions. unemployment taxes for all employees engaged by the City providing the Services); or (iv) any federal, state, and provincial social security taxes and federal, state, and provincial Taxes; (iii) the employer’s share of any employment-related taxes of whatever sort (including imposed by law upon Mayo and remitted through the City, to timely notify Mayo of such timely pay or remit any Taxes attributable to the Services or goods or, if such Taxes are or taxable margin of the City; (ii) any penalties or interest resulting from the City’s failure to responsible for (i) any taxes based upon the assets, capital, equity, gross receipts, net income, required to “gross up” or increase any payment to the City for such taxes. Mayo shall not be taxes are required by any duly constituted taxing authority, and in no event shall Mayo be Mayo shall withhold income or other taxes from payments to the City to the extent that such (b) liable for taxes, penalties, and interest upon subsequent audit. Taxes or to demonstrate Mayo’s authority to remit the Taxes directly, in which case Mayo is provide the City with the required documentation to exempt the Services or goods from the extent tax was itemized on the invoices as required. In the alternative, Mayo may timely tax assessment, with no reimbursement for penalty or interest charges, and then only to the Mayo and is subsequently audited by any tax authority, Mayo’s liability will be limited to the line item if invoice not entirely subject to tax). In the event the City does not collect tax from separately itemize the Taxes on each invoice for which the Taxes are applicable (and on each where the Taxes are imposed by statute upon Mayo but collected by the City, the City shall from Mayo, the City shall bear the Taxes in full and without reimbursement. For jurisdictions City (including seller or goods or service provider), without statutory provision for recovery or goods are transferred. For jurisdictions where the Taxes are imposed by statute upon the upon that Party by the laws of such jurisdiction in effect at the time the Services are provided ”) imposed Taxes tariffs, imposts, or any surcharges or escheat requirements (collectively, the “collections, value added, excise, goods and services, transfer, or similar taxes, duties, customs, taxing authority with jurisdiction) any sales, use, transaction privilege, gross receipts, cash Each Party shall be responsible for (and remit as prescribed by the laws of any duly-constituted (a) City by Mayo under this Agreement becomes a taxable event, the following provisions will apply: Mayo to the City is not a taxable event. If changes in law occur such that the compensation paid to the . The Parties acknowledge that, as of the signing of this Agreement, payment by Taxes Section 9. contribution to Critical, Urgent or Enhanced Services and the Maintenance and Operations Agreement. connection with the operation of the Services outlined within this Agreement, subject to Mayo’s ”) and equipment and pay all related costs and expenses in Rapid Transit Vehicles LINK Route (“. The City shall provide its own buses operated by the City on the Section 8. RC110-129-808650 v1 DM1699610 5 US.350319211.27 105 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB $3,000,000 annual aggregate (per LMCIT) (iii) Cyber Insurance $2,000,000 each occurrence (ii) Property Damage $500,000 each occurrence $2,000,000 annual aggregate (i) Bodily Injury $2,000,000 each occurrence Comprehensive General Liability insurance: (a) be as follows: added as an additional insured for all liability coverage outlined below. The insurance coverage shall immediately in the event of any modification or cancellation of coverage. The City shall have Mayo documentation of such insurance coverage to Mayo upon request by Mayo and shall notify Mayo respect to the City’s performance of Services pursuant to this Agreement. The City shall provide The City agrees to maintain at a minimum the following insurance with .Insurance Section 12. or negotiations regarding such status. hereto agrees that the other shall have the right to participate, at its own cost, in any discussions any other Party should question the independent contractor status of the Parties, each Party these taxes for its own respective employees. In the event that the Internal Revenue Service or FUTA, or SUTA. Each Party shall have sole responsibility for the reporting and payment of pursuant to this Agreement any sums for the payment of federal or state income taxes, FICA, Each Party acknowledges that the other Party will not withhold from any amounts paid (b) authority to bind the other Party. relationship, expressly or by implication, between the Parties. Neither Party shall have the nothing in this Agreement is intended to create any partnership, joint venture, lease, or equity the methods by which the other Party performs its obligations under this Agreement. Further, as specifically set forth herein, neither Party shall have or exercise any control or direction over independent contractors. Neither Party is the agent, employee, or servant of the other. Except It is mutually understood and agreed that the relationship between the Parties is that of (a) . Independent Contractor Section 11. without the written consent of the other Party. or assign its rights to Jointly-Owned Deliverable to any third party, other than an affiliate, confidentiality provisions in Section 19. Neither Mayo nor the City may sublicense, transfer, any Jointly-Owned Deliverable for its own internal business operations, subject to the agents, employees, and subcontractors may use ”). Each Party and its affiliates,DeliverableJointly-Owned by the Parties and their agents, employees, and subcontractors (“The City and Mayo shall jointly and equally own any Deliverable developed or created jointly (b) be granted to the other Party by virtue of this Agreement or the provision of Services hereunder. IP shall remain exclusively owned by that Party and no rights to a Party’s Background IP shall RC110-129-808650 v1 DM1699610 6 US.350319211.27 106 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Services, including such Software to be installed in the LINK Rapid Transit Vehicles ”), in connection with its performance of the Software replaced from time to time, “as required by this Agreement from time to time (collectively, as refurbished and The City shall purchase, refurbish, update, and replace software and related equipment, (i)Software. (a)Software Performance Monitoring. Section 14. omissions by any City Indemnified Party directly related to operations or ministerial tasks. ; excepting, however, acts or Exhibit B-2 Mayo’s selection of a Short-term Solution under awards, damages, liabilities, costs, and reasonable attorneys’ fees arising directly out of from and against any and all losses, expenses, actions, claims, demands, suits, judgments, directors, employees, agents, and contractors (collectively, the “City Indemnified Parties”) (b) By Mayo. Mayo shall indemnify, hold harmless, and defend the City and its respective officers, municipal liability set forth in Minnesota Statues Chapter 466. City. The City’s obligation to indemnify shall be limited to the limits and provisions on in accordance with this Agreement or the negligence or intentional acts or omissions of the arising out of any third-party claim attributable to the City’s failure to perform its obligations reasonable attorneys’ fees that the Mayo Indemnified Party may incur or suffer by reason of or expenses, actions, claims, demands, suits, judgments, awards, damages, liabilities, costs, and ”), from and against any and all losses, Mayo Indemnified Party contractors (collectively, the “and affiliates, together with its respective officers, directors, employees, agents, and (a) By the City. The City shall indemnify, hold harmless, and defend Mayo and its subsidiaries . Indemnification Section 13. immunities as set forth in Minnesota Statutes Chapter 466. herein shall be deemed a waiver by the City of the limit on municipal liability or its statutory coverage offered to the City by the League of Minnesota Cities Insurance Trust (LMCIT). Nothing Insurance coverage shall be the greater of the number in (a)(iii) or the maximum cyber insurance increase in the maximum municipal tort liability in Minnesota Statute Section 466.04. The Cyber (c). The City shall increase the insurance amount for bodily injury and automobile to reflect any coverage to have limits greater than or equal to those set forth in the foregoing Sections 12 (a) through known as “tail” coverage) for the maximum duration permitted by law, with such extended reporting Minnesota Cities Insurance Trust, the City shall obtain and maintain extended reporting coverage (also that, in the event the City is no longer carrying claims-made coverage provided by the League of made basis; provided, however, that the City may maintain coverage on a claims-made basis provided Insurance coverage described in this Section 12 must be on an occurrence basis rather than a claims- accident. required by Minnesota statutes. Employer’s liability shall be a minimum of $500,000 per Workers’ Compensation insurance: Coverage shall be in the amount of statutory limits (c) Automobile Liability insurance: Combined Single Limit of $1,500,000. (b) RC110-129-808650 v1 DM1699610 7 US.350319211.27 107 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB The City is responsible for assessing and Software Subcontractor Performance Monitoring. (c) shall work together to determine all other requirements of the Software.of a Software Subcontractor, and immediately before the Go Live Date, the City and Mayo Mayo’s systems for data collection. Before any issuance of an RFP, before any engagement from the Software Subcontractor, at Mayo’s request, to integrate the Software processes into be consumed or stored by the City or the system, and (iii) permission to Mayo and capability does not require Mayo confidential business information or person identifying information to system, (ii) an evaluation under Mayo’s third-party risk management process to ensure that it information or personal identifying information to be consumed or stored by the City or the Information Security Architect to ensure that it does not require Mayo confidential business evaluation of the design of any Software by Mayo’s Enterprise Security Architect and ”) shall include but not be limited to (i) an Software Subcontractor related thereto) (“requirements, the selection criteria of Major Subcontractors providing the Software (or services including but not limited to Sections 5 and 14(a) above and state, federal, and local In addition to other requirements set forth in this Agreement Software Subcontractors. (b)additional financial contributions by Mayo. may be obtained by agreement of the Parties and such agreement may include Software and its maintenance and updates. Additional software features or upgrades Section, including but not limited to purchasing, operating and maintaining the The City is responsible for the costs of all aspects of the Software as described in this (iv)to address any future refurbishments and replacements of the Software. operation and maintenance of the Software related to the Performance Measures and The Parties shall work collaboratively to troubleshoot any issues that arise with the (iii)the Mayo Ridership. implementing alternatives to the employee badge system to allow the Software to count Mayo’s existing employee badge system, Mayo shall cooperate in identifying and Software cannot be reasonably obtained at a reasonable cost that integrates with with Mayo and in compliance with the requirements in Section 14(b) below. If the responsible for the proposed design and development of the system, in consultation Subject to Mayo’s evaluations described in Section 14(b) below, the City shall be personal identifying information to be consumed or stored by the City or said system. in a specified time period, and (c) does not require Mayo Confidential Information or the City and Mayo to track the use of Services based on the Counted Mayo Ridership Software and prepare their own reports related to the Performance Measures, (b) allows application and accompanying backend system(s) that (a) allows Mayo staff to use the Without limiting the generality of the foregoing, the Software shall include a mobile (ii)). Exhibit C metrics needed to evaluate the Performance Measures (as defined on ) and (B) provide the Exhibit A forth in the definition of “Services” (as defined in Software being replaced. The Software must, all times (A) satisfy the requirements set that improves the functionality, utility and usability of the Software compared to and at the LINK Transit Stops. Any replacement of the Software shall be with Software RC110-129-808650 v1 DM1699610 8 US.350319211.27 108 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB to the MGDPA. Mayo shall be responsible for paying for actual costs incurred by thebe required to provide Mayo with any data that is considered not public data pursuantmonitor and evaluate the services provided under this Agreement. The City shall notrequired, in the sole discretion of Mayo, that may be required by Mayo to adequatelyoutcomes achieved, information on services delivered, and any other public dataData shall include, but not be limited to, number of riders served, services provided,purposes of Mayo being able to monitor, evaluate, and audit the LINK. This Publicor as required by this Agreement, all Public Data that the City actually maintains forThe City shall provide to Mayo on the frequency as mutually agreed to by the Parties(ii).”DataPublic is not Not Public Mayo Data and is not otherwise protected under MGDPA is “”). All data collected by the City that Not Public Mayo Data at all times (collectively, “under the Minnesota Government Data Practices Act (MGDPA) shall belong to Mayocollected in connection with this Agreement or the LINK and otherwise protectedinformation or person identifying information or other data related to Mayo that isto any particular individuals. Any data collected that is Mayo confidential businessThe City may only collect data in connection with its Services that is not attributable(i)Data.(d) not be deemed a violation of the Performance Measures.outages are consistent with National Institute of Standards and Technology (NIST), they will maintenance or repair needs, may be unavailable for a period of time. Provided that such Software, due to planned or unplanned updates or other predictable or unpredictable Subcontractor fails to adequately perform such obligations. The Parties acknowledge that the actually perform (or cause to be performed) such obligations in the event the Software respect to performing audits, delivering reports, and addressing deficiencies, and the City shall the City has the right to perform any unfulfilled obligation of the Software Subcontractor with deficiencies identified in the audit report in a reasonable timeframe. The City shall ensure that will also ensure that the Software Subcontractor makes its best efforts to remediate any control written request that the Software Subcontractor produces a copy of said audit report. The City accessed by the Software. The City will ensure, to the best of its ability, that upon its advance it will be performed in accordance with industry and City standards relevant to the data being once every calendar year beginning with the initial term of its agreement with the City and that the Software Subcontractor audits the security of any software systems and processes at least immediately upon discovery or notice thereof. The City will make its best efforts to ensure that and use of City data while in its custody, and will provide notification to Mayo of any KVE safeguards that are reasonably designed to prevent unauthorized collection, access, disclosure, ensure that the Software Subcontractor employs administrative, physical, and technical in a manner consistent with applicable industry standards and best practices. The City will responsiveness matters monthly and enhances and improves the Software, all of the foregoing Subcontractor routinely updates any Software to address any security updates, bug fixes, or practices and processes on a regular basis. The City will ensure that each Software . The City will review and monitor each Software Subcontractor’s security Exhibit C defined in monitoring each Software Subcontractor’s performance of the Performance Measures as RC110-129-808650 v1 DM1699610 9 US.350319211.27 109 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB the administration and maintenance of the system including standard operating (ii)Fee will be adjusted; indemnification, and financial responsibility, including whether the Annual Operating provisions of the Agreement that are suspended by the long-term Solution, , including the Exhibit B-2 long-term Solution to Triggering Concern as outlined in (i)discuss: ) which is concerning to either Party. Additionally, the Parties may Exhibits B-1 and B-2 to and any content of a report delivered by the City to Mayo (including those as provided pursuant in advance of each Representative Meeting which shall include general operation-related issues Services shall attend the Representative Meetings. The City shall provide a proposed agenda representative of each Party who is responsible for the day-to-day operational oversight of the ”). At a minimum, one Meeting Representative (such meeting, the “Exhibit C forth in Parties under this Agreement including the City’s achievements of Performance Measures set mutually agreed upon day and time, to discuss any matters that relate to the performance of the once a month during the Term of this Agreement, and upon request by either Party, at a . In the spirit of good faith, the Parties agree to meet no less than Representative Meetings (b)Parties who are attending the Representative Meeting described in Section 15(b) below. The Advisory Committee shall provide their recommendations to the representatives of the individuals shall not participate in making recommendations to the Representative Meetings. outside individuals to attend the Advisory Committee related to specific topics, but such agreed upon day and time. The Advisory Committee may, by agreement of the Parties, invite elected officials. The Advisory Committee shall meet on an as-needed basis at a mutually representatives shall be employees of the Parties and not members of the general public or The Advisory Committee shall be made up of representatives from both of the Parties. Said commute patterns, and (iv) discuss anticipated changes to the City’s transportation strategies. to policy changes that may increase or decrease remote work or impact Mayo Employee of Mayo, to the extent of any public announcements made by Mayo), including but not limited the LINK, (iii) discuss anticipated changes in the downtown employee population (in the case customer service and customer experience with respect to the LINK, (ii) review ridership of Committee shall discuss topics relevant to the LINK, including but not limited to, (i) review Advisory Committee (“Exhibit C according to the Performance Measures in The Parties shall establish an advisory committee to review the LINK Advisory Committee. (a). Advisory Committee; Representatives Meetings Section 15.resolution process, the Vendor Technology Agreement will not be changed. City. In the event the Parties cannot come to an agreement following the dispute notify the City that the changes are acceptable; or (B) propose alternate language to the the Vendor Technology Agreement after the Effective Date, and Mayo will either: (A) . The City will notify Mayo of any proposed changes to Exhibit H attached here to as ”), Vendor Technology Agreement Information Technology Usage Agreement (the “such data, Mayo will be required to sign and abide by the City’s Vendor/Contractor City with respect to searching for and retrieving the requested data. In order to receive RC110-129-808650 v1 DM1699610 10 US.350319211.27 110 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Describe with particularity the Dispute to be addressed, (i)Dispute described in the Dispute Resolution Notice. Such Dispute Resolution Notice shall: ”) of its desire to utilize the provisions of this paragraph to address the Dispute Notice of Dispute. Upon the occurrence of any Dispute, a Party may send a notice (“ (b)”. Class 3 Disputes bankruptcy, or selling of the Services shall be classified as “Disputes related to a Party’s failure to perform, illegal activity by one of the Parties, (iii)”. Class 2 Disputes Majeure event shall be classified as “Safety, the City’s exclusion from governmental programs, supervening law, or a Force including but not limited to disputes related to Performance Measures relating to Disputes related to safety, financial compensation or contribution, or legal matters, (ii). to pass vendor sanction checks shall be classified as “disputes related to Performance Measures relating to ridership, Use of Name, or failure Disputes related to day-to-day operation of the LINK including but not limited to (i)”) shall be classified as follows: Dispute this Agreement (a “in this Agreement), a dispute or disagreement between the Parties arising out of or relating to Classification of Disputes. Except as otherwise agreed to by the Parties (including as provided (a)”) process. DR be subject to the following dispute resolution (“between the Parties arising out of or relating to this Agreement (other than a Third-Party Claim) shall . Subject to Section 15(b) above, any dispute or disagreement Dispute Resolution Section 16.the concern to the dispute resolution process described in Section 16 below. dissatisfied with the progress of the attempts to resolve such concerns, that Party may escalate faith attempts to resolve such concerns as provided in this Section 15(b), either Party is concern to the dispute resolution process described in Section 16 below. If, following any good Parties will engage in good faith attempts to resolve such concerns prior to escalating the performance of the Services or the achievement of or towards any Performance Measures, the If either Party has any concerns related to this Agreement, including but not limited to the the specific steps taken or proposed to be taken to remedy such concern. (vi)has, or may have on the performance of the Parties; and the reason underlying any such concern and the effect, if any, that such concern had, (v)summary, and complaints received; anticipated in the upcoming month(s), including seasonal concerns/hazards, Incident(s) any problems or concerns that were encountered during the preceding month(s) or (iv)Rapid Transit Vehicle and trends in Performance Measures; any areas in which such performance may be improved, including density of riders per (iii)procedures; RC110-129-808650 v1 DM1699610 11 US.350319211.27 111 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB of a Dispute Resolution Notice pursuant to Section 16(b) or (y) the Subject Dispute Administrator. Within the (10) business days after the later of (x) each Party’s receipt Mayo to Mayo’s Chief Administration Officer and by the City to its City 3 Dispute or an unresolved Class 1 Dispute or Class 2 Dispute shall be delivered by . A Dispute Resolution Notice received by each Party concerning a Class Level 3 DR (iii)”. Level 2 DR The process described in this Section 16(c)(ii) is “business days of their initial meeting, the Subject Dispute shall be sent to Level 3 DR. or Deputy City Administrator are unable to resolve the Subject Dispute within ten (10) Department of Facilities and Support Services and the City’s Director of Public Works Administrator shall meet to discuss the Subject Dispute. If Mayo’s Chair of the Facilities and Support Services and the City’s Public Works Director or Deputy City to Level 2 DR after exhausting Level 1 DR, Mayo’s Chair of the Department of Dispute Resolution Notice pursuant to Section 35 or (y) the Subject Dispute being sent of the dispute. Within (10) business days after the later of (x) each Party’s receipt of a either its Public Works Director or Deputy City Administrator, depending on the nature Mayo’s Chair of the Department of Facilities and Support Services and by the City to a Class 2 Dispute or an unresolved Class 1 Dispute shall be delivered by Mayo to Dispute to Level 3 DR, a Dispute Resolution Notice received by each Party concerning . Unless otherwise agreed by the Parties to immediately elevate the Subject Level 2 DR (ii)”. Level 1 DR Level 3 DR. The process described in this Section 16(c)(i) is “meeting, the Subject Dispute shall be sent to Level 2 DR or, if the Parties agree, to Manager are unable to resolve the Dispute within ten (10) business days of their initial Mayo’s Support Services Division Chair and the City’s Transit and Parking Systems Transit and Parking Systems Manager shall meet to discuss the Subject Dispute. If Notice pursuant to Section 35, Mayo’s Support Services Division Chair and the City’s Manager. Within (10) business days of each Party’s receipt of a Dispute Resolution Services Division Chair and by the City to the City’s Transit and Parking Systems Party concerning a Class 1 Dispute shall be delivered by Mayo to Mayo’s Support Dispute to Level 2 DR or Level 3 DR, a Dispute Resolution Notice received by each . Unless otherwise agreed by the Parties to immediately elevate the Subject Level 1 DR (i)”) shall proceed as follows: DisputeSubject The DR Process. The Dispute described in the Dispute Resolution Notice (the “ (c)A proposed recommendation or solution. (iii)The grounds for such Dispute; and (C)Attempts to resolve such Dispute; and (B)When such Dispute was first identified; (A)Dispute: Specifically including the following details surrounding prior attempts to resolve such (ii) RC110-129-808650 v1 DM1699610 12 US.350319211.27 112 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB sources to continue to perform the Services after the Revenue Start Date, or (b) Total has been unable, despite its best efforts, to obtain necessary funding from outside Upon the expiration of the Initial Term or a Renewal Term, by the City if (a) the City (iv)16(d) above; By the non-defaulting Party, following notice and failure to cure as set forth in Section (iii)without cause, upon 180 days’ prior written notice of such termination; ) anniversary of the Revenue Service Start Date, by either Party, th After the fifth (5 (ii)By mutual written agreement of the Parties; (i)terminated upon the occurrence of any of the following events: Termination. Except as otherwise specifically provided herein, this Agreement may only be (a). Termination and Effect of Termination Section 17.while the DR process is pending. contractors/subcontractors and employees to, continue to honor all commitments hereunder is pending. Unless otherwise agreed in writing, the Parties shall, and shall cause their continue to perform in good faith their respective obligations hereunder while the DR process 16 shall not excuse either Party from performing its obligations hereunder and the Parties shall Conduct During Dispute Resolution Process. The initiation of the DR process in this Section (e)on the defaulting Party shall have the right to terminate this Agreement pursuant to Section 17. such default is not cured as provided in this Section, the Party who served the notice of default required provided the defaulting Party acts to cure such default diligently and continuously. If within such time period following such forty-five (45)-day period as may be reasonably such default is not susceptible of being cured within such forty-five (45)-day period, then defaulting Party shall cure any such default within forty-five (45) days after such notice, or if under this Agreement, a Party may provide the defaulting Party with a notice of default. The the DR process in Section 16(c), in addition to any other rights and remedies accorded them Notice of Breach of Contract and Cure. If the Parties are unable to resolve the Dispute through (d)Council. necessary as a result of the DR discussions will be subject to the approval of the City amendments to this Agreement or additional resource obligations of the City that are to resolve the Subject Dispute expeditiously and on a mutually acceptable basis. Any good faith to discuss the Subject Dispute and shall use commercially reasonable efforts . At each DR level described in Section 16(c), the Parties shall meet in DR Discussions (iv)”. Level 3 DR described in this Section 16(c)(iii) is “(10) business days of their initial meeting, the DR process is completed. The process the Subject Dispute. If the Parties are unable to resolve the Subject Dispute within ten Mayo’s Chief Administration Officer and the City Administrator shall meet to discuss being sent to Level 3 DR after exhausting Level 1 DR and Level 2 DR, as applicable, RC110-129-808650 v1 DM1699610 13 US.350319211.27 113 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Term after the effective date of termination. If the City does not continue to operate the City in connection with the Services or any unpaid fees related to the remainder of the government grant (including but not limited to the Small Starts Grant) obtained by the fee, including but not limited to any additional payments related to any federal 17(a)(iii) above, Mayo shall not be liable or obligated to pay the City any termination in accordance with Section 17(a)(iv) above, or (B) by Mayo in accordance with Section terminated: (A) by the City in accordance with Section 17(a)(ii) of this Agreement or If the Agreement is Section 17(a)(iv); Termination By Mayo for Cause (17(a)(iii)). Termination By the City Without Cause (Section 17(a)(ii)) or By the City Under (ii)”). Transition CostsFare Model necessary for the City to move to a fare model (collectively, the “reasonable and actual costs of the software and equipment reasonably As determined by the City within one year after the termination date, the (C)Costs and (B) Additional Operating Costs; and remainder of the calendar year of such termination of (A) Annual Operating A pro-rated portion equal to the greater of (i) six (6) months, or (ii) the (B)Infrastructure post-termination; continues operating the LINK and FTA has consented to Mayo’s use of the on the Small Starts Grant within 3 years of termination unless the City The amount immediately owing on the Small Starts Grant and amounts owing (A) 17(a)(iii), Mayo shall pay the City an early termination fee equal to:accordance with Section 17(a)(ii) above, or by the City in accordance with Section If the Agreement is terminated by Mayo in City for Cause (Section 17(a)(iii)). Termination By Mayo Without Cause (Section 17(a)(ii)); or Termination By the (i)of the other Party. use of and return to the other all Confidential Information (as defined in Section 19(b) below) to the date of termination or as described in this Section 17(b), and (ii) each Party shall cease Party shall have any further obligations under this Agreement except for those accruing prior Effect of Termination. Upon termination, unless otherwise stated in this Agreement, (i) neither (b)petition or proceeding. this Agreement indicating its consent to, approval of, or acquiescence in any such act or law, state or federal, now or hereafter existing, or any other action of a Party to under the United States Bankruptcy Code, as amended, or under any other insolvency days seeking reorganization, arrangement, readjustment of its debts or any other relief or the filing against it of an involuntary petition that is not dismissed within sixty (60) By either Party, upon the filing by the other Party of a voluntary petition or an answer, (v)expiration of the Initial Term or Renewal Term; or the City has provided Mayo with written notice at least two (2) years prior to the Ridership levels are fifty percent (50%) or more below the Target Mayo Ridership and RC110-129-808650 v1 DM1699610 14 US.350319211.27 114 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Small Starts grant and diligently pursuing such reasonable steps to completion. reasonable steps necessary to obtain the funds to pay the amount due under the FTA, diligently pursuing such consent, and promptly determining the required by the City, including promptly submitting such consent request to the the City shall act expeditiously and diligently with respect to any act reasonably is subject to FTA approval, after the termination of this Agreement is triggered, During such time that the Use Right . The Use Right is subject to FTA approval (B)Mayo’s guests or patients. Route transportation services provided by Mayo shall not charge a fee to would have expired after all Renewal Terms had been exercised. Such LINK ”) until the date that this Agreement Use Right patients, and visitors (the “the LINK Route to provide transportation services to Mayo Employees, City shall grant Mayo the non-exclusive right to use the Infrastructure along expenses or reserves. Concurrent with the termination of this Agreement, the and shall not be obligated to pay the portions of such fees attributable to capital Operating Fee and Additional Operating Fee related to operating costs only, otherwise have been terminated, Mayo shall pay the portions of the Annual Grant as provided in Section 17(b), following the date the Agreement would of the Use Right or the City to pay the amount owing under the Small Starts 17(a)(iii), during such extension required for the City to obtain FTA’s approval City pursuant to Sections 17(a)(ii) or 17(a)(iv) or by Mayo pursuant to Section provided in Section 17(b)(iii) above. If this Agreement is terminated by the Mayo, as applicable, pay the amounts owing under the Small Starts Grant as required for the City to obtain FTA’s approval of the Use Right or the City or 17(a)(iv) or 17(a)(v), the termination date shall be extended for such period If this Agreement is terminated as provided in Sections 17(a)(ii), 17(a)(iii), (A) (iv)payments. in any event at least as quickly as is typical) obtain such funding to make such required (as set forth in Section 17(b)(iv) below), the City shall promptly (and payment of amounts owing on the Small Starts Grant is determined to be (B) The amounts payable by the City shall be paid as promptly as possible. If all funds that were inaccurately certified. Mayo may challenge the Termination Fee Certification and the City shall return ”). Termination Fee Certification amounts payable under this Section 17(b) (“payable within forty-five (45) days after the City provides a certification of the (A) The amounts payable under this Section 17(b) by Mayo to the City shall be Timing of Payments. (iii)LINK, it will pay the amounts owing on the Small Starts Grant. RC110-129-808650 v1 DM1699610 15 US.350319211.27 115 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB The Parties to this Agreement specifically intend to comply with all applicable laws, rules, and takes into account the volume or value of any referrals or other business generated between the Parties. negotiated in an arms-length transaction, and has not been and will not be determined in a manner that represent the fair market value for the Services to be provided by the City, has been and will be that the compensation to be paid by Mayo to the City pursuant to this Agreement does and will . The Parties acknowledge and agree Fair Market Value; Inducement of Referrals Section 18.mediator’s fees and costs. the costs of its experts or legal counsel. The Parties shall each pay fifty percent (50%) of the Costs. Each Party shall bear its own costs related to the mediation, including without limitation, and at their expense), who shall attempt in good faith to determine the Fare Model Transition (each of whom may or may not be accompanied by legal counsel, in their respective discretion decisionmaker(s), or (ii) employees or agents of Mayo having authority to settle the matter or agents of the City having authority to recommend settlement of the matter to the ultimate after the mediator is selected by the Parties. The mediation shall be attended by (i) employees shall be held at a mutually agreeable location and shall commence no later than thirty (30) days similar person, to select a mediator from its list of qualified neutrals. The mediation proceeding request the administrator of the Minnesota Judicial Branch Civil ADR Program, and/or a selected by the Parties, or if the Parties are unable to agree upon a mediator then any Party can in five (5) hours of mediation (or less if the mediation takes less time). The mediator shall be binding mediation by providing written notice to the other Party. Each Party shall participate Model Transition Costs, either Party may refer the determination of such amounts to non-Mediation. If the City and Mayo are unable to mutually determine and agree upon the Fare (d)Starts Grant may become due and payable. operating in whole or in part for any reason, a portion of, or the entire amount of the Small forgiven by the grantor thereof subject to certain conditions and that if the LINK stops Small Starts Grant. The Parties acknowledge that portions of the Small Starts Grant may be (c) This Section 17(b) shall survive termination of this Agreement. Survival. (v)employees, guests, and patients. the right to use such name or logo in connection with transportation for its into a customary form of agreement pursuant to which the City grants Mayo registered as protected intellectual property of the City, the Parties shall enter If on the Termination Date, the LINK name or logo is trademarked or otherwise (E)to the public. The City reserves the right to use the Infrastructure for transit services available (D)approval) other than as set forth in the Post-Termination Agreements. be restricted or conditioned (including any need for local, state, or other federal attached hereto). At the time of termination, the Use Rights shall not otherwise Exhibit E execute the Post-Termination Agreements (as defined on andtermination date, Mayo and the City shall complete negotiation of open terms If Mayo is entitled to the Use Right upon termination of this Agreement, on the (C) RC110-129-808650 v1 DM1699610 16 US.350319211.27 116 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB. The City will continue to provide similar or identical Services to any Not Exclusive Section 20. shall survive expiration or earlier termination of this Agreement. this Agreement, other than as a result of an unauthorized disclosure by the City. This Section is public knowledge or that becomes a matter of public knowledge after the Effective Date of City must return such information to Mayo. This Section shall not apply to information which other legal requirement, it may do so for such required duration, promptly following which the however, if the City is required to retain the information under Minnesota Statute §15.17 or of any of the Confidential Information and shall return to Mayo any copies thereof, provided reason, the City shall cease, and cause its approved agents and subcontractors to cease, all use officials, employees, subcontractors, or agents. Upon termination of this Agreement for any disclosure of any of the Confidential Information to unauthorized persons by any of its identification or labeling obligations. The City shall take reasonable precautions against through the Software that is Not Public Mayo Data shall not be subject to any advance provides to the City as confidential, provided however, any information the City obtains Confidential Information. Mayo shall identify the Confidential Information it affirmatively such officials or employees, subcontractors, and agents protect the confidentiality of obligation of confidentiality no less restrictive than set forth in this Agreement to ensure that agreements with officials or employees, subcontractors, and agents who are bound by an under this Agreement and under law including without limitation written instruction to and and shall not divulge such information to any third parties, except as otherwise provided for Practices Act, the City shall maintain the confidentiality of all such Confidential Information public data or otherwise required to be released under the Minnesota Government Data ”). Provided that the Confidential Information is not Confidential Information(collectively, “employee information, price lists, pricing policies, and other business and financial information and quality assurance programs, software, marketing techniques, contractual arrangements, including but not limited to, trade secrets, policies, procedures, operating manuals, utilization, may have access to certain confidential information belonging to Mayo and its affiliates, The City acknowledges and agrees that in the course of performance under this Agreement, it (b) availability of such Not Public Mayo Data. a security incident that is believed to have jeopardized the confidentiality, integrity, or and information. The City will notify Mayo without unreasonable delay if the City experiences protect Not Public Mayo Data must not be less than those used to protect the City’s own data unauthorized modification or deletion, and unauthorized use. The safeguards implemented to City’s control from unauthorized disclosure, and any other Not Public Mayo Data from any Not Public Mayo Data and information actually in the City’s possession and under the The City will implement commercially reasonable and industry standard safeguards to protect (a) Confidential Information. Section 19. are the payments intended to induce illegal referrals of business. for the recommending or arranging for the referral of business or the ordering of items or services; nor U.S.C. 1395 (n)). Accordingly, no part of any consideration paid hereunder is a prohibited payment ” (42 Stark Law regulations, and the Limitation on Certain Physician Referrals, also referred to as the “regulations, including the federal anti-kickback statute (42 U.S.C. 1320a-7b), the related safe harbor RC110-129-808650 v1 DM1699610 17 US.350319211.27 117 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB to the Mayo Code of Conduct after the Effective Date, and the City will either: (a) notify Mayo that . Mayo will notify the City of any proposed changes Exhibit I Code of Conduct is attached hereto as described in the Mayo Code of Conduct applicable to its relationship with Mayo. A copy of the Mayo Mayo, applicable to business partners and vendors while rendering Services under this Agreement as to all of Mayo’s policies, rules, and regulations, including the safety, health and security guidelines of . The City shall at all times adhere Mayo Code of Conduct and Integrity Program Section 24. to enter into this Agreement. herself/himself from all discussions regarding this Agreement and abstain from voting on the decision vote or approval of this Agreement, the City shall ensure the Conflicted City Employee excuses any discussions or decisions regarding this Agreement and, to the extent the City requires formal a ”), the City shall ensure the Conflicted City Employee is not involved in Conflicted City Employee(“City employee has any direct or indirect financial, business or employment relationship with Mayo Agreement, has no direct or indirect financial, business or employment relationship with Mayo. If a employee, whose position enables her/him to influence any purchase or other transaction related to this federal environmental protection authorities. The City represents and warrants it shall ensure any City Occupational Safety and Health Administration and all environmental regulations of the state and Care Act, as applicable, and all safety regulations applicable to the work including regulations of the taxes and state and federal mandated benefits, including offering health coverage under the Affordable workers’ compensation laws, unemployment compensation, state and federal employment and payroll applicable federal, state, and local laws, rules, and regulations, including, but not limited to, state officials, employees, agents and subcontractors to, at all times and in good faith comply with all . The City shall, and the City shall cause its Compliance with Laws and Regulations Section 23. the sanction screening, Mayo may terminate this Agreement as indicated in Section 17(a)(ii). documentation requested by Mayo in order to complete these processes. In the event that the City fails shall cooperate with these and any other onboarding processes, and provide all information and Number (EIN)-match, and United States Postal Service (USPS) address-validation services. The City may contract with a third-party company that provides vendor-sanction-check, Employer Identification . For purposes of facilitating payment to the City by Mayo, Mayo City Onboarding Section 22. above, a Party may terminate this Agreement as indicated in Section 17. status of the representations set forth in this Section. Upon the occurrence or notification of any of the ongoing representation during the Term, and each Party shall notify the other of any change in the whole or in part, by the United States Government or any State health care program. This shall be an provides health benefits, whether directly through insurance or otherwise, which is funded directly, in excluded from participating with Medicare, Medicaid, or any other governmental plan or program that convicted of a criminal offense related to healthcare, barred, suspended, declared ineligible, or any of its directors, trustees, officers, officials or employees, excluding elected officials, have been Each Party represents that neither it nor Exclusion From Governmental Programs. Section 21. and healthcare situations. transportation necessary (as determined by Mayo) for healthcare administration and urgent medical the LINK Route but not between stops along the LINK Route except, on an ad-hoc basis, such private shuttle services for transporting its employees, patients and guests to and from any stop along other entity, including the public. Mayo may continue to provide and receive from any other entity RC110-129-808650 v1 DM1699610 18 US.350319211.27 118 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB by the Comptroller General of the United States, or any of their duly authorized representatives, available, upon written request to the Secretary of Health and Human Services, or upon request furnishing of such Services pursuant to such subcontract, the related organization shall make subcontract shall contain a clause to the effect that until the expiration of four years after the or cost of $10,000 or more over a twelve-month period, with a related organization, such If the City carries out any of the duties of the Agreement through a subcontract, with a value (b) such that are necessary to certify the nature and extent of such costs; their duly authorized representatives, the Agreement, and books, documents, and records of Human Services, or upon request by the Comptroller General of the United States, or any of Agreement, the City shall make available, upon written request by the Secretary of Health and Until the expiration of four years after the furnishing of such Services pursuant to such (a) documentation to verify the cost of Services rendered under this Agreement:agrees to comply with the following statutory requirements governing the maintenance of 1861(v)(1)(I) of the Social Security Act, as amended, and any written regulations thereto, the City . If applicable, for the purpose of implementing Section Section 26. in order to comply with any law or regulation, the termination shall take effect. such ninety-day period as evidenced by a writing signed by both Parties, or if resolution is not possible Agreement that resolves the issue specified. If agreement on the amendment(s) is not reached within day notice period, the Parties shall negotiate in good faith to accomplish an amendment(s) to the legislation, regulation, or action that serves as the basis for the notice of termination. During the ninety-Agreement upon ninety (90) days written notice to the other Party. The notice must specify the relevant or other adverse proceedings on the basis of this Agreement; then either Party may terminate this financial arrangements in this Agreement, or (iv) subjecting either Party to civil or criminal prosecution tax exempt financings and obligations, (iii) prohibiting or restricting the provision of Services or licenses, (ii) revoking or jeopardizing Mayo’s tax exempt status or the exempt status of its property or implemented, would have the effect of (i) revoking or jeopardizing either Parties’ health related decision, finding or action by any governmental or private agency, court or other third-party which, if for Services either Party is able to receive; or (b) either Party receives notice of an actual or threatened of this Agreement, or (iii) which materially limit or restrict the amount of reimbursement or payment and adversely affect the Parties’ abilities to meet their respective obligations, (ii) invalidate the terms federal, state or local governmental or legislative body, or by any private agency which (i) materially If (a) any legislation, regulations, rules or procedures are promulgated, adopted or implemented by any and federal laws and regulations. It is the intent of both Parties to comply in all aspects with such laws. . This Agreement is at all times subject to applicable state, local, Supervening Law Section 25. detailed in the Mayo Code of Conduct. and employee rights and protections available under the federal and state false claims laws and as Code of Conduct, the City is aware of the federal and state false claims laws, administrative remedies, not be changed. Mayo makes every effort to detect and prevent fraud, abuse, and waste. Per the Mayo come to an agreement through the DR process, the Mayo Code of Conduct applicable to the City will the changes are acceptable; or (b) propose alternate language to Mayo. In the event the Parties cannot RC110-129-808650 v1 DM1699610 19 US.350319211.27 119 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB constitutes the entire agreement between the Parties and supersedes all (i) prior oral agreements, (ii) This Agreement with the attached Exhibits incorporated by this reference and made a part hereof.All Exhibits attached to this Agreement are .Entire Agreement; Amendment Section 31. assignee. shall not in any manner relieve the assignor from liability for the performance of this Agreement by its assignment. Any purported assignment in violation of this clause is void. Such written consent, if given, controlled by, or is under common control with Mayo. Mayo shall notify the City of any such the prior written consent of the other Party to any Mayo affiliate or other entity that controls, is written consent of the other Party; provided, however, that Mayo may assign this Agreement without . This Agreement may not be assigned by either Party without the prior Assignment Section 30. Parties, their successors, and assigns. This Agreement shall be binding upon and inure to the benefit of the .Binding Effect Section 29. and performed in the State of Minnesota.unconditionally that it is personally subject to the jurisdiction of such courts. This Agreement is made Olmsted County or the United States District Court for the District of Minnesota. Each Party agrees between the Parties in connection with this Agreement are the District Court of Minnesota sitting in conflicts of law or choice of law provision shall apply to this Agreement. The exclusive fora for actions Parties hereunder shall be governed by the laws of the State of Minnesota, except that no Minnesota . This Agreement and the rights and obligations of the Governing Law and Venue Section 28. inclement weather situations. that road conditions are safe for travel; the City shall make good faith efforts to continue Services in and may be delayed until such time that such parties and applicable transportation authorities determine coordination between various departments in the City of Rochester, as well as, certain offices of Mayo, acknowledge that continuing the Services during inclement weather or emergency situations requires Agreement upon ten (10) days written notice to the other. For avoidance of doubt, the Parties such delay in fact exceeds ninety (90) days, then either Party may, at its election, terminate this this Agreement, provided that if (i) such time is reasonably certain to exceed ninety (90) days, or (ii) of time equivalent to the period or periods of suspension shall be added to the time of performance of the Parties hereto shall be suspended during the period of such interruption or interference, and a period electrical or sound equipment or plant, riot, act of God or any other similar cause) the obligations of disturbance, terrorism, national calamity, epidemic, pandemic, mechanical or other breakdown of control (including but not limited to: fire, flood, casualty, lockout, unavoidable accident, civil Party’s obligations are materially interrupted or interfered with by an event beyond its reasonable Subject to all of the terms and conditions of this Agreement, if a .Force Majeure Section 27. of the request. for the purpose of an audit or investigation, the City shall notify Mayo of the nature and scope If the City is required to disclose any books, documents, and records relevant to this Agreement (c) verify the nature and extent of such costs; and the subcontract, and books, documents and records of such organization that are necessary to RC110-129-808650 v1 DM1699610 20 US.350319211.27 120 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB parking@mayo.eduEmail: Rochester, Minnesota 55905 200 First Street SW Mayo Clinic Facilities and Support Services If to Mayo: Division Chair-Support Services Email: mskrage@rochestermn.gov Rochester, MN 55904 Street SE th 201 4Attn: City Attorney With a copy to: City of Rochester Email: azelms@rochestermn.gov Rochester, MN 55904 Street SE th 201 4Attn: City Administrator If to the City: City of Rochester receipt requested, postage prepaid and addressed as follows: mailing, if mailed to the Party to whom notice is to be given, by first class mail, registered, return sent by courier delivery service or express mail for next day delivery; and (iv) the third day after functionality; (iii) the business day after notice is delivered to a courier or mailed by express mail, if facsimile; (ii) the date of receipt if sent by email utilizing “delivery receipt request” or similar the date of service, if personally served or sent by shall be deemed to have been duly given on (i) Any notice, demand, request, or other communication shall be in writing and Notice. Section 35. in the body of this Agreement.self-referential, e.g., “this Section”), the reference shall be understood to be a reference to such Section that such reference pertains to an Exhibit (other than references within an Exhibit that are expressly shall not affect the interpretation of this Agreement. If a reference to a Section does not expressly state Section headings are provided solely for the convenience of the Parties and Headings. Section 34. constitute a waiver of any other provision or a waiver of the same provision at any later time.waiver of the Party’s rights under this Agreement. No waiver of any provision of this Agreement shall enforce any of such Party’s rights, no matter how long such failure may continue, will not constitute a . The failure of either Party to complain of any default by the other Party or to Waiver Section 33. unenforceable provision had never been a part of the Agreement.unenforceable, the remainder of this Agreement shall remain in full force and effect as if the invalid or . In the event any part or parts of this Agreement are held to be invalid or Severability Section 32. amended only in a writing signed by each of the Parties.agents, customers, or subcontractors, relating to the same subject matter. This Agreement may be clickwrap online agreements accepted by Mayo or its affiliates or one of their respective employees, prior written agreements, and (iii) prior or future shrinkwrap, click-on, webwrap, browsewrap, or RC110-129-808650 v1 DM1699610 21 US.350319211.27 121 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB the officers designated in Section 16 to take part in DR), that Party may by written notice to the other re-names a role, division, or department that is specifically identified in this Agreement (for example, . If during the term of this Agreement a Party eliminates, modifies, or Changes of Title Section 41. this Agreement, time is of the essence. . With regard to all dates and time periods set forth or referred to in Time of Essence Section 40. termination, expiration, non-renewal, or rescission of this Agreement. obligations that expressly or by operation of law extend beyond this Agreement, shall survive the indemnification, insurance, use of name, and access to records, along with any other rights and . The rights and obligations of the Parties relating to confidentiality, Survival Section 39. copies shall have the same effect for all purposes as an ink-signed original.which, when taken together, will constitute one original, and photocopy, facsimile, electronic or other . This Agreement may be executed in any number of counterparts Counterparts Section 38. to the date on which a response is needed. Clinic Business Relations Group at BusinessRelations@mayo.edu at least seven (7) business days prior use contemplated. All requests for approval pursuant to this Section must be submitted to the Mayo publicity, endorsement, or promotion unless Mayo has provided prior written consent for the particular use the names or trademarks of Mayo or of any of Mayo’s affiliated entities in any advertising, . Except as specifically permitted in this Agreement, the City shall not Use of Name Section 37. reason of this Agreement, except as otherwise expressly provided herein.intended to confer upon any other person any rights or remedies of any nature whatsoever under or by Nothing in this Agreement, express or implied, is No Third-Party Beneficiaries. Section 36. of such new or additional notice address in the manner required for the giving of notices. Any Party may change its address(es) for notices or add additional notice recipients by giving notice legalcontracts@mayo.eduEmail: Rochester, Minnesota 55905 200 First Street SW Attn: General Counsel Mayo Clinic Legal Department And Email: scmcustomersupport@mayo.edu Rochester, Minnesota 55905 200 First Street SW Mayo Clinic Supply Chain Management With a copy to: Supply Chain Division Chair, RO WE 03-721 RC110-129-808650 v1 DM1699610 22 US.350319211.27 122 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB ** Signature Page Follows ** never fall below the value initially stated in this Agreement. as of the date of this Agreement; provided, however, that the resulting value in Constant Dollars shall by a fraction, the numerator of which is the then-current CPI and the denominator of which is the CPI adjustment date, Constant Dollars shall be determined by multiplying the dollar amount to be adjusted following the date of this Agreement, and thereafter at five (5) year intervals during the Term. At each Section 42. A Constant Dollars adjustment shall occur on January 1 of the sixth (6th) calendar year shall mean the present value of the dollars to which such phrase refers, as adjusted pursuant to this ” Constant Dollars, such provision shall be deemed to refer to such amounts in Constant Dollars. “F-1Exhibit . With respect to the insurance coverage levels set forth in Constant Dollars Section 42. Party identify a successor to the duties assigned to such role, division, or department in this Agreement. RC110-129-808650 v1 DM1699610 23 123 Kim?Norton8/26/2022Kimberly?Gierach8/26/20228/26/2022Dennis?E.?Dahlen DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB ** Signature Page to Transit Services Agreement ** ____________________________________ ____________________________________ ____________________________________ ____________________________________ Date: Its: Name: By: RESEARCHEDUCATION AND MAYO FOUNDATION FOR MEDICAL _______________________________________ Date: Its: City Clerk Name: ______________________________________ By: _____________________________________ ____________________________________ Mayor ____________________________________ ____________________________________ Date: Its: Name: By: CITY OF ROCHESTER below.Parties have executed this Agreement on the dates set forth , the IN WITNESS WHEREOF 124 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Mayo, as applicable. for correction to the complainant and to” shall mean investigated by the City and for which the City has provided an action plan out-Closed“ ” shall have the meaning set forth in Section 16(a)(iii) Class 3 Disputes“ meaning set forth in Section 16(a)(ii). ” shall have the Class 2 Disputes“ ” shall have the meaning set forth in Section 16(a)(i). Class 1 Disputes“ October 1-December 31. September 30, and -June 30, July 1-March 31, April 1-” shall mean January 1 Calendar Quarter“ rth in Section 10(b). ” shall have the meaning set fo Background IP“ , Section 5, as applicable. Exhibit D amount calculated pursuant to , Section 4, or the Exhibit D In Reset Years: The amount agreed to by the Parties in (d) calendar year plus the lesser of CPI or 5%; or eding were provided for 7 months or more: the Annual Operating Fee from the precReset Years: starting after the first calendar year in which Services -In subsequent non (c) In Year 1: $3,500,000 per year; (b) In the Revenue Services Start Year: $291,666.67 per month. (a) ” shall mean:Annual Operating Fee“ Exhibit D” shall have the meaning set forth in Annual Certification“ time to time.” shall mean this Link Transit Services Agreement, as may be amended or modified from greementA“ amended from time to time. 148, Mar. 23, 2010, 124 Stat. 119, as –known as the “Affordable Care Act” or “ACA”, Pub. L. 111, commonly Patient Protection and Affordable Care Act” shall mean the Affordable Care Act“ the meaning set forth in Section 15(a). ” shall have Advisory Committee“ , Section 3. Exhibit D” shall have the meaning set forth in Additional Operating Fee“ Exhibit E” shall mean, collectively, the agreements listed on Additional Agreements“ DEFINED TERMS EXHIBIT A Exhibit A - 1 125 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB available for use in a real time live environment.the earliest date, agreed by the Parties, upon which the Software is made ” shall mean Go Live Date“ successor.he Federal Transit Administration or its ” shall mean t FTA” or “Federal Transit Administration“ ” shall have the meaning set forth in Section 17(b)(i)(C).Fare Model Transition Costs“ .Measurepreservation of property, that is not included in or exceeds the standards of the Performance safety or additional or improved service not related to public mean ” shall Enhanced Service“ ” shall have the meaning set forth in the preamble of this Agreement.Effective Date“ .Exhibit H” on East Shuttle Lot” shall mean the location labelled “Shuttle LotEast “ ” shall have the meaning set forth in Section 16.“ ” shall have the meaning set forth in Section 16(b).Dispute Resolution Notice“ ” shall have the meaning set forth in Section 16(a).Dispute“ e of, or as a result of, performing the Services.in the coursanalysis, reports, ideas, concepts, products, results, samples, illustrations, graphics, or data produced ” shall mean any means any and all materials or information including documents, Deliverable“ .threat to public safety or propertyediate mean additional or improved service related to an articulable imm” shall Critical Service“ by Mayo Employees in a specified period, as tracked by the Software.” shall mean the number of individual rides on the Transit Services taken Counted Mayo Ridership“ implementation and ongoing operation of the Plan.capital costs, operational costs, and all direct and indirect expenses related to mean ” shall Costs“ substitute index thereto, as appropriately adjusted and reasonably designated by Mayo.successor or 84=100), or any -WI), Metropolitan Areas, All Items (1982-Bloomington, MN-St. Paul-published by the Bureau of Labor Statistics of the United States Department of Labor (Minneapolis” shall mean the Consumer Price Index for All Urban Consumers CPI” or “IndexConsumer Price “ ” shall have the meaning set forth in Section 42.Constant Dollars“ ” shall have the meaning set forth in Section 23.Conflicted City Employee“ ” shall have the meaning set forth in Section 19(b).Confidential Information“ s, and surveys.of plans and specificationexcluding engineering, architectural, legal, fiscal and economic investigations, studies, and completion ” shall mean initiation of the physical effort to construct the project, Commencement of Construction“ 2 -Exhibit A 126 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB each Transit Stop. ” shall mean 8 to 12 minutes between Rapid Transit Vehicles arriving at Peak Hour Intervals-Off“ ” shall have the meaning set forth in Section 14(d)(i).ublic Mayo DataNot P“ ” shall mean Minn. Stat. Chapter 13.MGDPA” or “Minnesota Government Data Practices Act“ ” shall have the meaning set forth in Section 13.Mayo Indemnified Party“ s, allied health staff, and contractors who regularly work in Mayo Clinic facilities.volunteerphysicians, scientists, research temporary professionals, residents, fellows, students, emeritus staff, individual issued a Mayo personnel badge including Mayo staff any” means Mayo Employee“ .Exhibit I” shall mean the document attached here as Mayo Code of Conduct“ ” shall have the meaning set forth in Section 5(b).Major Subcontractor“ .Exhibit G” means the route depicted on LINK Route“ the meaning set forth in the recitals to this Agreement.” shall have LINK“ other entity.or any a Subcontractor, the City, whether identified by the Software security issues) associated with any and all security issues (or potential shall mean ”KVE,” or “Known Vulnerability or Exploit“ forth in Section 10(c).” shall have the meaning set Owned Deliverable-Jointly“ which operates between and among Mayo’s various operating locations. ” shall mean a private shuttle operated by Mayo for its employees Campus Employee Shuttle-Inter“ .s for social media accountsdisplay names, handles and other identifierand uniform resource locators; and, social media accounts and account names, user names, nicknames, domain names source code and object code; compositions of matter; procedures; experimental results; including ,works, such as reports, databases, and documentation; trade secrets; computer softwarehow, whether or not patentable; copyrightable -innovations, works of authorship, trademarks, and knowmean any inventions, ideas, discoveries, developments, improvements, ” shall tellectual Property“ ” shall have the meaning set forth in Section 4.Initial Term“ property owned by Mayo or on the LINK Route.the LINK and any and all other improvements made by the City to service the LINK on any real ents associated therewith) used in connection with pedestrian walkways, tunnels and other improvem” shall mean all of the transit lanes on City streets and transit stations (and platforms, Infrastructure“ Infrastructure that raises a health or safety concern.Transit Vehicle or on, at, or within the LINK ” shall mean an event occurring on a Rapid Incident“ 3 -Exhibit A 127 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB .JExhibit ” shall mean the document attached hereto as Agency Safety PlanRochester Public Transit “ ” shall mean a request for proposals from Major Subcontractors.RFP“ ” shall mean the year in which the Revenue Service Start Date occurs.Revenue Service Start Year“ ” shall have the meaning set forth in Section 2.rt DateRevenue Service Sta“ ” shall mean a year in which there is a Reset.Reset Year“ Start Date and the January 1 that occurs every three (3) years thereafter.” shall mean the January 1 that occurs three (3) full calendar years after the Revenue Service Reset“ ” shall have the meaning set forth in Section 15(b).Representatives Meetings“ , Section 2.1-Exhibit B regarding Performance Measures, as more particularly described in ” shall mean the monthly, quarterly, and annual reports to Mayo from the City ServicesReporting “ ” shall have the meaning set forth in Section 2.Renewal Term“ Village.from the West Transit Village to the East Shuttle Lot, or from the East Shuttle Lot to the West Transit way trip of a Rapid Transit Vehicle along the LINK Route -e” means a on Rapid Transit Vehicle Trip“ mileage, and condition rating as described in the Rochester Public Transit Asset Management Plan.a report providing the Rapid Transit Vehicle age, ” shall mean Report UsefulRapid Transit Vehicle “ rth in Section 8.” shall have the meaning set fo Rapid Transit Vehicle“ ” shall have the meaning set forth in Section 14(d)(i).Public Data“ , Section 3.Exhibit E” shall have the meaning set forth in Termination Agreements-Post“ implementing the Plan.s responsibility for in order for the City to implement the Plan, or in the event that Mayo assumeSolution. The Plan shall identify all areas of the Agreement that need to be suspended Viable the the written memorialization, signed by both Parties, of the process to implement mean ” shall Plan“ .Exhibit C” shall have the meaning set forth in Performance Measures“ through Friday 6 to 9 a.m. and 3 to 6 p.m.” shall mean Monday Peak Hours“ .Transit Stop” shall mean 4 to 6 minutes between Rapid Transit Vehicle arriving at each Peak Hour Intervals“ and from 8:00 a.m. to 12:00 am on Saturdays, Sundays, and legal holidays.o 3 p.m. and 6 p.m. to 11 p.m. ” shall mean weekdays between 5 and 6 a.m., 9 a.m. t Peak Hours-Off“ 4 -Exhibit A 128 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB . for Critical Services, Urgent Services or Enhanced Servicesan articulable problem or new request giving rise to a request mean ” shall Triggering Concern“ up or drop off users of the Transit Services.Transit Vehicles stop to pick ” shall mean locations along the LINK Route where Rapid Transit Stop“ , Section 1.2-Exhibit B” shall mean the Transit Services described in Transit Services“ period of time.” means the total number of rides taken on the LINK by all riders in a specified pTotal Ridershi“ ” shall mean have the meaning set forth in Section 2.Term“ ” shall have the meaning set forth in Section 9(a).Taxes“ , Section 5(b). Exhibit D as calculated pursuant to , Section 4, or (b) Exhibit D Mayo Ridership is (a) as agreed upon in in a specified period. The Target ” shall mean the anticipated Counted Mayo Ridership on the Transit Services Target Mayo Ridership“ Peak Hours.-minutes during Non” shall mean between 4 and 6 minutes during Peak Hours and between 8 and 12 Target Intervals“ ” shall have the meaning set forth in Section 16(c).Subject Dispute“ ” shall have the meaning set forth in Section 5(a).Subcontractor“ ” shall mean the State of Minnesota.State“ ” shall have the meaning set forth in Section 18.Stark Law“ .as applicable, to the Triggering Concernterm solution, -term solution, and/or a long-olution, a mediumsterm -a short mean ” shall Solution“ ” shall have the meaning set forth in Section 14(b).Software Subcontractor“ meaning set forth in Section 14(a)(i).” shall have the Software“ ” shall have the meaning set forth in the recitals to this Agreement.Small Starts Grant“ term Solution under Section 15(b)(i) of the Agreement.-a Viable Solution in effect until the Parties enter into a long” shall mean tionterm Solu-Short“ .1-Exhibit B” shall have the meaning set forth in Services“ .Exhibit K” shall mean the document attached hereto as Rochester Public Transit Asset Management Plan“ 5 -Exhibit A 129 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB” shall mean the first full calendar year after the Revenue Service Start Year.Year 1“ Exhibit H” shall mean the location labelled “West Transit Village” on West Transit Village“ ” shall have the meaning set forth in Section 14(d)(ii).Vendor Technology Agreement“ maximum service.nual ” means the number of spare vehicles divided by the vehicles required for an Vehicle Spare Ratio“ Parties that the City and Mayo agree can be implemented to address the Triggering Concern.by both and approved a Solution to a Triggering Concern developed mean ” shall Viable Solution“ ” shall have the meaning set forth in Section 17(b)(iv)(A).Use Right“ and cure provisions under the Agreement.Measures which Mayo wishes to have remedied more quickly than is required under the notice improved service that is included in the standards of the Performanc mean ” shall Urgent Service“ Services without regard to proceeds received by the City to offset such costs.” shall mean the actual cost of each ride taken on the Transit er Passenger TripUnsubsidized Cost p“ 6 -Exhibit A 130 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Number of Total Rides (1)Annual percent change (relative to such quarter) of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) updated within forty-five (45) days) with respect to the previous Calendar Quarter: and shall be be in preliminary formmay Term, the following information (which . On or before each January 15, April 15, July 15, October 15 during the Quarterly (b) Summary of Comments (B)Summary of Complaints (A)- Rider feedback Customer Experience (ii) Vehicle TripsNumber of completed Rapid Transit (2)Intervals, and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (D)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) month: information (which will be in preliminary form) with respect to the previous calendar of each month during the Term, the following th. On or before the 15Monthly (a) below: and professionalism, and providing the following reports to Mayo on the frequency noted maintenance, customer feedback and complaints, training related to driver safety, decorum, Services in this Agreement, including, but not limited to: ridership, costs, Incidents, Reporting Services. Maintaining and keeping accurate records associated with providing the and the Performance Measures. Exhibit J,attached hereto as Transit Asset Management Plan, , the Rochester Public Exhibit I Safety Plan attached hereto as (including technology and infrastructure) that satisfies the Rochester Public Transit Agency ”) in a manner Transit Stop Lot in downtown Rochester (each of the foregoing locations, a “st Shuttle between West Transit Village and Ea Exhibit B Rapid Transit Vehicles as outlined in with Exhibit F,the City shall provide rapid transit service on the LINK Route, as depicted in Transit Services. In compliance with any applicable safety laws, ordinances, and regulations, ” means Transit Services and Reporting Services, collectively, as follows: Services“ SERVICES EXHIBIT B-1 Exhibit B-1 - 1 131 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB including changes from previous year decorum, and professionalism, Summary of training related to safety, (B)Summary of Comments (3)Summary of Complaints (2)scope) Rider survey results (survey needs to be market reasonable in (1) Rider feedback (A) Customer Experience (iv)Unsubsidized Cost per Passenger Trip (A)Financial (iii)-service breakdown per inMiles (C)Useful Report Rapid Transit Vehicle (B)Vehicle Spare Ratio for Rapid Transit Vehicles (A)Inventory (ii)Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Number of passengers per Rapid Transit Vehicle departing each (D)Counted Mayo Ridership (2)Total Ridership (1)Annual percent change of: (C)Counted Mayo Ridership (B)Total Ridership (A)Operations (i) evious calendar year:respect to the pr. On or before each April 15 during the Term, the following information with Annually (c) Number of completed Rapid Transit Vehicle Trips (2)Intervals and the time, date and Transit Stop. Number of Rapid Transit Vehicles that do not meet Target (1)Rapid Transit Vehicle circulation data: (E)Transit Stop Exhibit B-1 - 2 132 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Implementation of the Plan2. which must be signed by both Parties. As soon as practicable, the Parties will develop and memorialize the Plan, (3) identified Viable Solutions to address the Triggering Concern. Solution from the its chosen Viableayo shall select, at its sole discretion, (2) available for the implementation of Solution options. work diligently and expeditiously to identify resources The Parties will (1) Solution shall not be a reason that a Solution cannot be implemented. implement a resources) shall not be a Viable Solution, and (B) the Cost to Mayo to possible to implement (despite the City’s diligent and expeditious efforts to identify the Triggering Concern. The Parties acknowledge that (A) any Solution that is not Parties will develop proposed Viable Solutions to Following such discussion, the (d) option. Solution option; and (D) the timing of implementation of each Solution financial, operational, public safety, and any other identified barriers to each Solutions, as applicable; (B) the Cost of each Solution option; (C) legal, term -term and long-term, medium-The Parties will consider: (A) short (2) Solution options. proposed Solution(s) and will collaborate with Mayo to identify additional Mayo will propose one or more Solutions. The City will evaluate the (1) At such meeting: (c) or Enhanced Service) is needed to address the Triggering Concern. which category of additional operational services (Critical Service, Urgent Service Prior to the meeting, Mayo will identify to the City the Triggering Concern and (b) the Triggering Concern. Triggering Concern is related to Urgent Services or Enhanced Services to discuss 24 hours (or at such time as may otherwise be agreed to by the Parties) if the request if the Triggering Concern is related to a Critical Service and within Mayo’s level personnel from the City and Mayo will meet within 8 hours of Executive- (a) following process to implement a Critical Service, Urgent Service, or Enhanced Service: . If Mayo has a Triggering Concern, Mayo may, at its sole discretion, initiate the Process1. CRITICAL, URGENT OR ENHANCED OPERATIONAL SERVICES EXHIBIT B-2 Exhibit B-2 - 1 133 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB such time that Mayo is implementing its chosen Solution.prohibit or restrict Mayo from implementing the Solution shall be suspended during All provisions in the Agreement that are identified in the Plan that would otherwis (b) Solution. necessary, and within the City’s authority, for Mayo to implement its chosen The City shall cooperate with and grant Mayo such rights that are reasonably (a) by the City, which approval shall not be unreasonably withheld, delayed or conditioned. memorialized in a new Plan which shall be approved to discussion between the Parties and t an alternate Solution similar to the Plan. Any alternate Solution shall be subject implemenindemnification provision of the Agreement, to take over implementation of the Plan or dates established in the Plan, then Mayo may elect, at its sole discretion, subject to the without reasonable basis, does not initiate or complete implementation of the Plan by the . In addition to all other rights and remedies under the Agreement, if the City, Remedy4. allocation during Representative Meetings. term Solutions and discuss any potential Cost -and longMayo will develop mediumion and the City and term Solut-and longthe medium selectnot have sole discretion to any default may not be the same as the Plan. In the case of an Urgent Service, Mayo shall to cure any default under this Agreement. The Parties acknowledge that the City’s cure for bligated and such Solution paid for by Mayo shall not extend the time in which the City is oThe City shall not be relieved or excused from its cure obligations under this Agreement term Solution and the expiration of the City’s cure period under this Agreement. -Shothe term Solution until the earlier of the City’s cure of the Triggering Concern giving rise to Short-or Enhanced Services. In the case of an Urgent Service, Mayo shall pay 100% of the . Mayo shall pay 100% of the costs of the Plan related to Critical Cost of Implementation3. cure of the Triggering Concern. term Solution for an Urgent Service shall be replaced upon the City’s Short-The (d) any material deviations from the Plan as such deviations arise.implementation of the Plan. The City shall also provide prompt notice to Mayo of The City shall provide regular updates to Mayo regarding the status of its (c) soon as reasonably possible. term Solutions as -and longreasonably possible. The City shall initiate mediumterm Solution within 24 hours, or as soon as Short-The City shall initiate any (b) with the timelines and requirements as set forth in the Plan.The City shall use its best efforts to cause the Plan to be implemented in accordance (a)Exhibit B-2 - 2 134 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB greater).20% (or, if different, the Federal Transit Administration requirement, whichever is The City shall maintain a Vehicle Spare Ratio of Rapid Transit Vehicles of at least (a) to reflect the Parties’ agreement based on the information available as of the Effective Date. and Federal regulations and guidelines are in the development process. This Section is intended powered rapid transit vehicles are an emerging technology and, therefore, State -Date, electricThe Parties acknowledge that, as of the Effective Rapid Transit Vehicle Fleet Condition. Vehicle Trips on an annual basis. it Vehicle Trips on a monthly and quarterly basis and 97% of such Rapid Transother factors. The City shall complete at least 95% of scheduled Rapid Transit trip time or the LINK Route due to construction detour, mechanical issues, or Transit Vehicle Trips that are not completed or that deviate from the scheduled The City shall use its best efforts to minimize the number of scheduled Rapid (ii) time. address any changes to the LINK Route requested by either Party from time to e City and Mayo shall collaboratively After the Revenue Service Start Date, th (i) Route Operations. (b) 7 business days – injuries, crimes. 5 business days – driver complaints (rude, unsafe, unhelpful), safety, etc. 3 business days – ride experience, disruptive passenger, cleanliness cified below:speout within the applicable time period -97% of Rider Complaints shall be Closed (iv) Peak Hours.minutes during Off-originated for no longer than (A) 6 minutes during Peak Hours or (B) 12 waited for a Rapid Transit Vehicle to arrive at the Transit Stop where the ride At least 90% of the rides comprising the annual Counted Mayo Ridership (iii) -Peak Hours; OffHours and at least 6 Rapid Transit Vehicles per hour at each Transit Stop during At least 12 Rapid Transit Vehicles per hour at each Transit Stop during Peak (ii) LINK Transit Services seven (7) days a week; (i) The City shall operate: Experience.Passenger (a) Ridership Experience. ” means the following:Performance Measures“ PERFORMANCE MEASURES EXHIBIT C Exhibit C - 1 135 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB) any change to how the the type or volume of data collected by the Software, () any change to i(60) days in advance of (Provides written notice to Mayo at least sixty (i) information to be consumed or stored by the City or the Software.Will not require Mayo confidential business information or personal identifying (h) nes through an app or on a computer through a web interface.riders’ personal smartphoIncludes capability for individual riders to track individual Rapid Transit Vehicles on (g) time basis.-Allows the Parties to measure and track wait times for passengers, including, on a real (f) Vehicle as it departs each Transit Stop.Transit Includes the ability to count and track the total number of passengers on each Rapid (e) stop.automated passenger counter (APC) which tracks riders boarding and leaving at each to track the total number of rides taken by all riders using an Include the ability (d) Include the ability to track the Counted Mayo Ridership. (c) Vehicles, ridership and other information reasonably identified by Mayo. time location of the Rapid Transit -provide the following information: the realat all times that will Include an electronic “dashboard” that will be accessible to Mayo (b) Vehicle, and other data reasonably identified by Mayo. service Rapid Transit -time location of each in-Include the ability to provide real (a) following requirements:cure technology with the potential Software Subcontractors. The Parties will cooperate to proMayo will assist in developing the criteria for Software and the evaluation of Software. and State guidelines for electric vehicle buses, whichever is more).deral Transit Administration shall be more than 73,200 miles (or, if different than the Fewere pulled from service due to mechanical, electrical, and/or battery related issues Transit Vehicle) of the number of miles since the last time such Rapid Transit Vehicles e average (per Rapid electrical, and/or battery related issues in a 12 month period, thWith respect to the Rapid Transit Vehicles pulled from service due to mechanical, (d) ratings and minimum requirements for compliance with governmental requirements.such mileage and condition with governmental requirements. Reporting shall include The mileage and condition ratings of all Rapid Transit Vehicles shall be in compliance (c) Rapid Transit Vehicles.vehicle buses, whichever is longer) unless the City is actively pursuing replacement ic different than the Federal Transit Administration and State guidelines for electr90% or more of the Rapid Transit Vehicles in use shall be less than 12 years old (or, if (b) 2 -Exhibit C 136 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB these Performance Measures can be adjusted by written agreement of the Parties. Performance Measures, but may take up to three (3) months to fully establish compliance. In addition, se best efforts to reach these recognition of these factors, the Parties agree that the City will uperformed. The Parties acknowledge, however, that changes will need to be made over time. In The Performance Measures reflect the best understanding of the Parties of how Services will be Technical support to Mayo for use of Software during normal business hours. (j) on which the Software is built.the underlying platform or technology stack up) any change to iiiSoftware connects with or integrates with any other system, and/or ( 3 -Exhibit C 137 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB shall pay an additional amount equal to 10% of that year’s Annual Operating Fee (the Ridership in such year was 10% or more over the Target Mayo Ridership for such year, Mayo ) full calendar year, the Counted Mayo rd f after the third (3I Additional Operating Fee: and Mayo shall have no remaining liability with respect to such amount. in a particular year, the remaining 10% of the Annual Operating Fee is waived If the Counted Mayo Ridership is less than 90% of the Target Mayo Ridership (iii) from Mayo’s next-due payment(s). dispute resolution, Mayo has overpaid, the amount overpaid will be deducted will be made based on City’s Annual Certification. In the event that, after such ts, and such payments mendispute resolution does not suspend the timing of payprocess established in Section 16. Mayo’s exercise of the right to pursue the Annual Certification, the Parties will proceed through the dispute resolution receipt of the Annual Certification, Mayo disagrees with any item set forth in If, upon Mayo’s review of the Annual Certification and within 45 days of Mayo shall have the right to review and approve such Annual Certifications. (ii) was 90% or more over the Target Mayo Ridership for that year. Whether the Counted Mayo Ridership in the full prior calendar year (C) with reasonable supporting documentation; and The Counted Mayo Ridership for the full prior calendar year together (B) year; statement of the Target Mayo Ridership for the prior full calendar (A) ”) that includes:CertificationAnnual a written statement signed by the City Administrator (the “No later than April 30 each year during the Term, the City shall provide Mayo (i) 10% of the Annual Operating Fee: (b) month. business day of each st Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City 90% of the Annual 90% of the Annual Operating Fee: (a) ) full calendar year after commencing Services: rd following the third (3 Beginning on January 1 of the year After the First Three Full Calendar Years of the Term. day of each month. business st 100% of the Annual Operating Fee in equal monthly installments on or before the 1Mayo shall pay the City Revenue Services Start Date,) full calendar year after the rd third (3On and after the Revenue Services Start Date until and through December 31 of the Term. Commencement of Services through December 31 of the Third Full Calendar Year of the COMPENSATION EXHIBIT D Exhibit D - 1 138 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Security costs. and related structures. Maintenance and repairs of platforms, elevators, stairs, equipment, related costs-Station (ii) Vehicle costs Operator contract Service Costs (i)Operating and Maintenance Costs: (a) state or federal funds. contributions from replacement costs for LINK outlined below, taking into consideration any the operating and maintenance costs and capital include may Annual Operating Fee , for purposes of negotiating the and capital replacement costs operating expensesActual Actual Operating Expenses and Capital Replacement Costs: 6. and third calendar years immediately prior to the Reset. average of the Counted Mayo Ridership counted by the Software during the second shall be the calendar years3) three (the following the Target Mayo Ridership for(b) increase of such sum by the lesser of 5% or CPI; and prior year’s Annual Operating Fee plus the Additional Operating Fee, if any, plus an calendar years shall equal the 3) the Annual Operating Fee for the following three ((a) before the next Reset: Exhibit D are not agreed upon by the Parties pursuant to the discussion referenced in Section 4 of this If the Annual Operating Fee and the Target Mayo Ridership for the following calendar year Default Reset Formula: Agreement. Ridership pursuant to this Section 4 shall be memorialized in a written supplement to this Reset. Any agreement of a modification of the Annual Operating Fee and Target Mayo year following the the first agreeable Annual Operating Fee and Target Mayo Ridership forand agreement of the Parties. The Parties will negotiate in good faith to arrive at a mutually City capital reserves, and proposed improvements to the Services, but are subject to negotiation related to the LINK that depleted replenish fund balance for investments and expenses directlyincreased operating expenses including expenses to CPI, numbers, Counted Mayo Ridership,), actual ridership , below Exhibit D Section 6 of this the categories and process outlined in (based on and capital replacement costscircumstances will include actual operating expenses subsequent calendar year’s Annual Operating Fee and Target Mayo Ridership. Such facts and ification of the ances warranting the modbegin meeting to discuss the facts and circumstmay be reset/renegotiated by the Parties. At least one year before each Reset, the Parties will calendar year thereafter, the Annual Operating Fee and the Target Mayo Ridership number rd third full calendar year and at the end of every rd 3At the end of the third ( Year Reset: -Three Annual Certification from the City. five (45) days after its receipt of such -”) to the City within forty Additional Operating Fee“Exhibit D - 2 139 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB lementseGuideway (iv) Technology (iii) lazaspStations and (ii) hargerscehicles and vTransit (i) :Capital Replacement Costs (b) Shelter/platform cleanup Snow and ice removal Landscape maintenance Power wash Software fees Maintenance and Support Contracted Costs (iv) other Link Services. Support costs: staffing required to support the Performance Measures and (iii) 3 -Exhibit D 140 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB provide transit services along the LINK Route; and all capital expenses to Mayo in the event that the City does not continue to Allocation of cost to maintain, repair, replace, and upgrade the Infrastructure (v) event that the City continues to operate transit services along the LINK Route; a formula for allocation of maintenance, repair, and replacement costs in the (iv)Infrastructure; City performance of maintenance, repair and replacement services for the (iii) operation transit services along the LINK Route; joint Shared Use and Operations Agreement to govern use of the Infrastructure for (ii)Use Rights term through the end of all Renewal Terms; (i)gives rise to a Use Right. Required terms to include, at a minimum: : follows a termination that Maintenance AgreementTermination Shared Use and -Post (a) ”):-Termination AgreementsPost(collectively, the “ confirmed in writing by the Parties. be mustagreements which of the following 3. Forms Construction (v)Bid (iv) Design (iii) what?)responsibility (e.g. who is building Project descriptions and allocation of (ii) Land use agreements/ROW/Easement (i) Terms to include for each of the above agreements: (e) East Shuttle Lot (d) West Transit Village (c)2nd Ave. (east bound/south side): Vertical Circulation (b) Tunnel, BAT laneSt. Mary’s: Pedestrian (a)-Specific Agreements: Site2. No use fee; Maintenance costs to be negotiated between the Parties. (d)Operation, maintenance. (c)(b) Shared use of the Infrastructure. (a) Shared use and operation during the Term of the Agreement. Operation Agreement. and Use1. Shared ADDITIONAL AGREEMENTS EXHIBIT E Exhibit E - 1 141 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB gal responsible for its decisions.and Mayo’s lemaking that recognizes Mayo’s level of contribution, -a method for decision (viii) making process and funding allocation for upgrades; and-a decision (vii) are providing Services;mula for allocation of other capital expenses in the event that both Parties a for (vi) 2 -Exhibit E 142 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Property Damage $500,000 each occurrence (ii) $5,000,000 annual aggregate rrence (i) Bodily Injury $3,000,000 each occu (a) Comprehensive General Liability insurance: liability coverage outlined below. The insurance coverage shall be as follows: Foundation for Medical Education and Research\] added as an additional insured for all \[Mayo cancellation of coverage. \[CONTRACTOR\] and its subcontractors shall name \[CITY\] and request by \[CITY\], and shall notify \[CITY\] immediately in the event of any modification or ors shall provide documentation of such insurance coverage to \[CITY\], upon subcontractto \[CONTRACTOR\]’s activities pursuant to this \[CONTRACT\]. \[CONTRACTOR\] and/or its subcontractors, as approved by the \[CITY\], to maintain the following insurance with respect \[CONTRACTOR\] agrees to maintain at a minimum and to require any of its Insurance. this Section shall survive the termination of this \[CONTRACT\]. represented by counsel of their own choosing. The indemnification provisions contained in Indemnifying Party. The \[CITY\] and \[Mayo\] Indemnified Parties shall have the right to be this \[CONTRACT\] or the negligence or intentional acts or omissions of \[CONTRACTOR\] \[CONTRACTOR\] Indemnifying Party’s failure to perform in accordance with, or breach of, may incur or suffer by reason of or arising out of any third party claim attributable to liabilities, costs, and reasonable attorneys’ fees, the \[CITY\] and \[Mayo\] Indemnified Parties any and all losses, expenses, actions, claims, demands, suits, judgments, awards, damages, and contractors (collectively, the "\[CITY\] and \[Mayo\] Indemnified Parties"), from and against es and affiliates, together with its respective officers, directors, employees, agents its subsidiariIndemnifying Party") shall indemnify, hold harmless, and defend the \[CITY\] and \[Mayo\] and respective officers, directors, employees, agents and contractors (the "\[CONTRACTOR\] CONTRACTOR\] and its subsidiaries and affiliates, together with its \[Indemnification. \[CONTRACTOR\] by its assignee. not in any manner relieve the assignor from liability for the performance of this purported assignment in violation of this clause is void. Such written consent, if given, shall the \[CITY\] and \[MAYO\]. Any \[CONTRACTOR\] without the prior written consent of This \[CONTRACT\] may not be transferred, delegated, or assigned by the Assignment. party beneficiary of any warranties. Medical Education and Research (MAYO) as a third-rovision naming Mayo Foundation for A p Name Mayo as a Third Party Beneficiary. contractor or subcontractor agreement promptly after execution. redacted copy of each -City shall provide Mayo with an un Copies of Contractor Agreements. include sections substantially similar to the following: All City RFPs and agreements with Major Subcontractors to provide Services related to the LINK shall REQUIREMENTS FOR MAJOR SUBCONTRACTORS EXHIBIT F-1 Exhibit F-1 - 1 143 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB agents and any reason, the \[CONTRACTOR\] shall cease, and cause its approvedofficials, employees, subcontractors, or agents. Upon termination of this \[CONTRACT\] for disclosure of any of the Confidential Information to unauthorized persons by any of its utions against Confidential Information. \[CONTRACTOR\] shall take reasonable precathat such officials or employees, subcontractors, and agents protect the confidentiality of obligation of confidentiality no less restrictive than set forth in this \[CONTRACT\] to ensure an agreements with officials or employees, subcontractors, and agents who are bound bythis \[CONTRACT\] and under law including without limitation written instruction to and shall not divulge such information to any third parties, except as otherwise provided for under \[CONTRACTOR\] shall maintain the confidentiality of all such Confidential Information and required to be released under the Minnesota Government Data Practices Act, tion”). Provided that the Confidential Information is not public data or otherwise Informapolicies, and other business and financial information (collectively, “Confidential marketing techniques, contractual arrangements, employee information, price lists, pricing policies, procedures, operating manuals, utilization, and quality assurance programs, software, information belonging to \[MAYO\] and its affiliates, including but not limited to, trade secrets, course of performance under this \[CONTRACT\], it may have access to certain confidential \[CONTRACTOR\] acknowledges and agrees that in the Confidentiality of information. determined.\]cancellation \[to: \]. \[Mayo addressee to be \[CONTRACTOR\] must notify Mayo “immediately in the event of any modification or required herein shall not limit \[CONTRACTOR\]’s liability. of limitations. The minimum limits of any insurance coverage long as the appropriate statute based,” such coverage must include an extended reporting endorsement (tail coverage) for as -made” rather than “occurrence-If the insurance coverage described in this Section is “claims required above. Umbrella coverage: $1,000,000 excess and additional to the liability insurance (f) in connection with the Services. Major Subcontractors with access to any Mayo Not Public Data received by the City and any other limited to Software Contractorsshall be Exhibit F ts of this requiremen, that the provided, howeverloss, theft of data, degradation, and downtimebreaches, unauthorized access/use, identification theft, invasion of privacy, damage providing coverage for claims and losses with respect to network risks (such as data ,000,000 for each occurrence and in the aggregate, 2have limits of not less than $Comprehensive Network Risk/Cyber insurance: Coverage shall Cyber Insurance (e) liability shall be a minimum of $500,000 per accident. the work is performed. Employer’s required by the statutes of the state in whichWorkers Compensation insurance: Coverage shall be in the amount of statutory limits (d) (c) Automobile Liability insurance: Combined Single Limit of $5,000,000. insurance shall be available upon request. \[CONTRACT\], coverage shall be in amounts reasonable in the industry and proof oProfessional Liability insurance: If professional services are provided under this (b) Exhibit F-1 - 2 144 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB \[CONTRACT\].ection shall survive expiration or earlier termination of this Ss needed. This response iBusinessRelations@mayo.edu at least seven (7) business days prior to the date on which a Section must be submitted to the Mayo Clinic Business Relations Group at ent for the particular use contemplated. All requests for approval pursuant to this written consany advertising, publicity, endorsement, or promotion unless \[MAYO\] has provided prior shall not use the names or trademarks of \[MAYO\] or of any of \[MAYO\]’s affiliated entities in as specifically permitted in this \[CONTRACT\], the \[CONTRACTOR\] Except Use of Name. attached hereto 3-F and 2-Exhibits F Comply with the provisions of (g) shall have the right to review any audit logs kept for all transactions.\[CITY\] paragraphauthorized agent or designee to perform the audit set forth in this or its \[CITY\] to enable \[CITY\] cooperation as may be reasonably requested by shall provide all such assistance, accommodation, and \[CONTRACTOR\] create or operate the \[SOFTWARE\]aterial used to graphics or audio/visual mprocesses to prevent malicious or inappropriate access to source code, data, may, in its discretion, direct improvements of such security controls and \[CITY\] \[SOFTWARE\]and the \[MAYO\] and/or \[CITY\] data y are adequate to protect theto determine if \[CITY\] and/or \[MAYO\] systems processes and its access of any include, without limitation, a review of \[CONTRACTOR’S\] security controls and laws, rules, and regulations, whether in effect now or in the future. Such audit may ther similar state, local, provincial, and international privacy and security and o, and \[CONTRACTOR’S\] compliance with all applicable federal, \[CONTRACT\]audit \[CONTRACTOR’S\] performance under and compliance with this designees, at its option, the necessary access to \[CITY\] and its authorized agents or(30) calendar days after \[CITY’S\] written request, \[CONTRACTOR\] shall allow , within thirty \[CONTRACT\]Without limiting any other audit rights set forth in this (f) .ed in the audit report in a commercial reasonable timeframedeficiencies identifiProduce a copy of said audit report and make best efforts to remediate any control (e) Standardization 27001. and such audit will be performed in accordance with International Organization for processes at least once every calendar year Audit the security of software systems and (d) prevent unauthorized collection, access, disclosure and use of data.Employ administrative, physical, and technical safeguards reasonably designed to (c) sistent with applicable industry standards and best practices. conMENT\] in a manner that is Enhance and improve \[SOFTWARE AND EQU (b) matters monthly.Update \[SOFTWARE\] to address any security updates, bug fixes, or responsiveness (a) \[CONTRACTOR\] must Software and Equipment. \[CONTRACT\].ion or earlier termination of this ection shall survive expiratS\[CONTRACTOR\]. This this \[CONTRACT\], other than as a result of an unauthorized disclosure by the is public knowledge or that becomes a matter of public knowledge after the Effective Date of shall not apply to information which shall return to \[MAYO\] any copies thereof. This Sectionrequired to retain the information under Minnesota Statute § 15.17 or other legal requirement, subcontractors to cease, all use of any of the Confidential Information and, unless otherwise 3 --Exhibit F 145 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB firmware, or other executable code contained in any Company Designed Products, and any static code analysis tools designed to discover security vulnerabilities in the software, her represents and warrants that such testing processes and tools include COMPANY furt iii.control, as described by the NIST standards for secure software development. software updates, regression testing, software unit testing, and management of version in Company Designed Products, including software security, release management, use lifecycle (SDLC) for secure development of software, firmware, or other executable code code in all Company Designed Products. COMPANY will follow software development COMPANY will be responsible for the quality of the software, firmware, or executable ii.Designed Products. vulnerability of all Company -in the industry, designed to ensure the security and nonCOMPANY security practices contain testing processes and tools, adequate and customary System Development Lifecycle. and required password changes at least every 90 days. character password minimum -Level 2, plus 12HITRUST 01.d (version 9.1 or newer) ii. least every 90 days.character password minimum and required password changes at -63, plus 12-NIST 800 least one of the following password standards: at installation. COMPANY shall configure all such Company Designed Products to meet of the Company Designed Product shall be removed during Company Designed Product that are unique to CITY upon installation. All users with access not required for CITY’s use use of a password, all default passwords used by COMPANY shall be changed to passwords: For all Company Designed Products that permit user authentication through the Passwords implement and maintain the following for Company Designed Products:hat it shall COMPANY represents and warrants t Security Requirements for Products. ”). ProductsCompany Designed resold by the COMPANY and utilized by or for the benefit of CITY (“ This Schedule provides required security controls for Products designed, developed, or Scope: CITY referred to as “”), herein individually and collectively MAYO the benefit of Mayo Clinic and all of its Affiliates (“a Minnesota municipal corporation, on its own behalf and for City of Rochester, Minnesota and date below (“Schedule Effective Date”) by and between the entity signing below (“COMPANY”) is made effective as of the last signature Basic Products Security Schedule (“Schedule”)This Basic Products Security Schedule Information Security Agreement LINK Transit System -2 EXHIBIT F Exhibit F-2 - 1 146 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB facilities, and affiliates, and shall work with CITY to mitigate any adverse impact.of the KVE in order to determine the nature and impact of the KVE upon CITY, its stigation take all such actions as may be necessary to assist CITY and its delegates in an inve: In the case of a suspected or confirmed KVE, the COMPANY shall Assistance to CITY vi. eight (48) hours after identification.-KVE, with such action being taken within forty: COMPANY shall promptly act to mitigate, correct, and/or eliminate any suc Response the issues, and shall be provided to CITY.mitigated Threats shall be documented, including any potential consequences of -Any unch mitigations and corrections shall occur. the issue, along with the timeframe during whinotification shall include COMPANY’s intended plan to mitigate, correct, and eliminate four (24) hours of the issue identification. The -by COMPANY within twenty AYOMreported KVE shall be reported to CITY and : All such identified and/or Notification iv. other entity.“KVE”), whether identified by COMPANY, a customer of COMPANY, CITY, or any associated with any Company Designed Product (a “Known Vulnerability or Exploit,” or ity issues (or potential security issues) document, report, and track any and all secur: COMPANY shall implement and maintain a process to identify, Documentation iii. of the Company Designed Product.to jeopardize CITY’s information shall be remediated by COMPANY prior to CITY’s use ity in real time) software has the capability to detect the malware exploiting the vulnerabilmalware -there are publicly available exploit payloads, and if the system/systems’ antito the value of data stored on the devices, the CVSS score of the vulnerability, whether ates : Any vulnerability deemed severe enough (e.g., as it rel production Requirements-Pre ii. security testing shall be provided to CITY upon request.a vulnerability scan encompassing all ports and fuzz testing. The results of the above entation, and shall include current “SANS CWE Top 25” and / or “OWASP Top 10” documand that all security testing performed by COMPANY covers all issues noted in the then Products, Company Designed that it performs security testing and validation for all of its epresents and warrants such vulnerability assessment, at no cost to CITY. COMPANY ror, in CITY’s discretion, CITY personnel (or a tester selected solely by CITY) may perform by a tester of CITY’s choosing (or a tester selected by COMPANY and approved by CITY), s and comparison, testing, which includes, but is not limited to, binary inspection, analysitesting, and prior to the release of a new version. Reverse engineering of critical binaries Products (purchased or to be purchased by CITY), including scanning, annual penetration Company Designed : COMPANY shall perform a vulnerability assessment for all General .Testing, Scanning, and Vulnerability Management the warning shall not affect the security of the products.implementation or the Company Designed Products, or provide a written attestation that warnings or violations produced by such tools prior to the delivery, installation, or es, update, upgrade, or release thereof. COMPANY warrants that it shall remedy any patch 2 --Exhibit F 147 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB dy.the U.S. Federal Transit Administration (FTA) and any other applicable regulatory bosecurity guidelines and similar requirements and standards promulgated by -with all cyberWith respect to all of its Company Designed Products, COMPANY meets and complies functionality, even when the Company Designed Product’s security has been compromisedsafe features that protect the Company Designed Product’s critical -implement fail: COMPANY shall, for all Company Designed Products, Functionality and Compliance reunder.obligations heassociated with the Company Designed Product, or negate or reduce COMPANY’s to address or mitigate a KVE, such action shall not serve to negate or amend the warranty vent that CITY (or COMPANY) modifies or alters any Company Designed Product In the e Product warranties or any of COMPANY’s obligations hereunder. Company Designed and that no such action shall impact, limit, reduce or negate any that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any Threat, ons : COMPANY expressly agrees that CITY may take any and all acti Mitigation by CITY vii. 3 --Exhibit F 148 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB nthly OIS VMP scanning, COMPANY will be responsible for providing a monthly for movulnerabilities are found and able to be addressed. If COMPANY cannot provide access ”), which will scan with privileged accounts once a month to ensure new VMPOIS the Office of Information Security’s Vulnerability Management Program (the “COMPANY will agree to have their Products, including servers/workstations, added into Vulnerability Management of such Product’s functionality. updates. The inclusion of such feature shall not result in or cause in any way a depreciation signature and/or parameter virus scanner that receives regular-to and run a commercial antioperating systems supplied to CITY shall have whitelisting capabilities or be configured All Company Designed Products and associated workstations and servers and devices with ii. ’s environment.into the CITYconduct the antivirus scan; COMPANY shall allow CITY to conduct the test prior to access directories and/or files excluded from the antivirus scan. If COMPANY is not able to virus scanner, along with identifying any -provide a report of the findings from the antiverify that the software does not contain any known viruses or malware. COMPANY shall Company Designed Product, prior to such product being delivered to CITY or installed, to date signatures, and/or parameters, shall be performed on all software embedded within a --virus scanner, with up-For all Company Designed Products, a security scan by an anti Virus Scanning Requirements-Anti Products used in CITY’s on-premises environment:implement and maintain the following for Company Designed warrants that it shall COMPANY represents and Premises Products. -Security Requirements for On possession by MAYO staff. operated cloud environment, and/or (c) in the direct -premises environment, (b) within a MAYO-tilized (a) within CITY’s on”) and u Company Designed Products resold by the COMPANY (“ This Schedule provides required security controls for Products designed, developed, or Scope: ”). CITY individually and collectively referred to as “”), are herein MAYO and all of its Affiliates (“ behalf and for the benefit of Mayo Clinic”) and City of Rochester, Minnesota, a Minnesota municipal corporation, on its own COMPANY signature date below (“Schedule Effective Date”) by and between the entity signing below is made effective as of the last Premises Products Security Schedule (“Schedule”)-This On Premises Product Schedule- Information Security Agreement LINK Transit System -3 EXHIBIT F Exhibit F-3 - 1 149 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB operating systems and embedded software, or any component thereof contain any hardware hardware or software products, including the Company Designed Products, and any ned below, and (ii) no Software furnished to CITY will contain any orphaned code, as defiCOMPANY represents and warrants that (i) no Open Source Source Software.-Open ii. release.systems, and vendor supplied network components within twenty (20) days of the date of ware, operating virus and other security soft-Products, commercial applications, antiCompany Designed COMPANY shall provide all validated updates and patches for all and updates to any such software and firmware are restricted to authenticated code. ct software, firmware ProduCompany Designed COMPANY shall ensure that all Updates. Software Requirements and Support processes to have administrative privileges to function.Product requires any application, commercial software, service, or communication t no Company Designed Designed Products that require administrative privileges and tha. COMPANY agrees to limit the number of accounts on Company System Privileges iv. Designed Product shall be removed during Company Designed Product installation.ired for CITY’s use of the Company . All users with access not requ User Accounts iii. Products.and doing so will not limit the functionality or performance of the Company Designed CITY may prevent access to the internet with regard to any such features or functionality, ANY or any third party. periodically transmit usage, statistical or other data to COMPhome”, metering, or other features designed to -Products will contain any “phone. Unless specifically authorized by CITY in writing, no Company Designed Telemetry ii. rives remaining are documented.installation and that all hardware ports and dProduct (to the extent feasible) or Company Designed Product shall be disabled at time of installation, and that all hardware ports and drives not required for use or operation of the rvices and data following Company Designed Product as well as files, scripts, messaging sethe removal of all software and installation media not specifically required for the operating system provided in any Company Designed Product, including but not limited to Y shall harden any that all ports and services remaining are documented. COMPANservices not required for Product use shall be removed prior to or during installation and requiring installation, COMPANY represents and warrants that all TCP and UDP ports and Designed Products . For all Products (to the extent feasible) and Company Installation Hardening users, shares, operating system patches, and server/workstation configuration.cient privileges (e.g. authenticated scans) to enumerate software versions, databases, suffiwith designee In addition, vulnerability scanning shall be done by CITY and/or its ii. expense.report that includes comprehensive vulnerability scan results to CITY at COMPANY’s 2 --Exhibit F 150 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB assessment results to CITY, at COMPANY’s expense.nt report that includes comprehensive manual security COMPANY can provide an independeSecurity Agreement. In lieu of manual security assessment(s) by CITY security personnel, up testing requested by COMPANY at a later time, falls outside of the scope of this -followtial and reported only to the COMPANY. Any of the assessment will be kept strictly confidenand providing technical documentation for CITY to review. All information gathered as part device to a CITY site, discussing with CITY the underlying code base(s) used by the device, ipping/installing a test varying levels of technical support, including but not limited to; shperformance of manual security assessments by CITY will require COMPANY to provide hardware, software, protocols, and attack surface of the device(s) being purchased. Such risks across personnel to perform manual security assessment(s), to identify potential securitycriticality to safety, and operations, and other risk factors may prompt CITY security . IoT Devices, depending on volume purchased, Support for Manual Device Assessments II. ed.standard SBOM when establish(COMPANY, MAYO, third party). This requirement will be replaced with an industry software version, software service pack or update, patching frequency, patching owner vendor name and product name based on NIST CPE Dictionary, SBOM will include:”) for Products purchased after the signing of this Security Agreement. The SBOM COMPANY will provide a Software Bill of Materials Software Bill of Materials. iii. www.opensource.org/licenses.g, but not limited to, those licenses listed at Public License, or any similar license, includinLicense, GNU Library General Public License, Artistic License, BSD license, Mozilla programming, or other intellectual property that is subject to the GNU General Public Source Software” means any software, for longer than one (1) month. “Opensoftware, or (d) the maintainer fails to response to questions or requests for security fixes distribution web site for the relevant software does not list an individual who maintains the the code, or (c) the official individual responsible for supporting and maintainingthat (a) has had more than one (1) year since its last release, (b) does not have an identified manufacturer or licensor). For purposes of this Section, “orphaned code” means software nd updated by the life (i.e., to no longer be supported a--or software that is end 3 --Exhibit F 151 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Avenue SE. nd Avenue SE and 2 st extended 1Street SE between what will be an th: A single platform on an extended 6 Street SE th 6 Street SE immediately west of Civic Center Drive SE. nd e of 2: South sid Civic Center of the Hilton Building. , in front Avenue SW) nd Street SW west of Discovery Walk (2 nd: South side of 2 Avenue nd 2 Avenue SW intersection. th Street SW and 6 nd: Southeast corner of the 2 Avenue th 6 Avenue SW. th Street SW closer to 13 nd: South side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 19 nd: Southeast corner of the 2 Avenue th west lot property at ground level. Single platform located in the northeast portion of the Mayo-owned West Transit Village East Bound west lot property at ground level. : Single platform located in the northeast portion of the Mayo-owned West Transit Village Avenue SW intersection. th Street SW and 19 nd: Northwest corner of the 2 19th Avenue Avenue SW. th Street SW, closer to 13 nd: North side of 2 Saint Marys Station Avenue SW intersection. th Street SW and 6 nd: Northwest corner of the 2 6th Avenue Building. Street SW west of Annenberg Plaza, in front of the Mayo nd: North side of 2 2nd Avenue ter Drive SE. Street SE immediately west of Civic Cen nd: On the north side of 2 Civic Center Avenue SE. nd Avenue SE and 2 st extended 1Street SE between what will be an th: A single platform on an extended 6 6th Street SE West Bound Transit Stops, located in the following locations: will have seven The LINK LINK ROUTE DEPICTION EXHIBIT G Exhibit G - 1 152 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB \]document follows this cover sheet\[ EXHIBIT G (CONTINUED) 2 -Exhibit G DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 153 154 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB \[document follows this cover sheet\] INFORMATION TECHNOLOGY USAGE AGREEMENT CITY VENDOR/CONTRACTOR EXHIBIT H Vendor/Contractor Information Technology Usage Agreement 155 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB n agent of the City.Subcontractors will not be allowed unless approved in advance by a. All work shall be performed by the contractor submitting the proposalany information technology used by vendor personnel. t access. City reserves the right to review, audit, or monitor privacy in any electronic communications, use of City property, or Interneation of mail and voice message systems, facsimile devices, or other electronic systems used by City. Vendor personnel have no expectter, data, network, Internet access, electronic accessing any City computer system. “Information technology”(IT) includes any compu t before Utilities) information technology in the course of their work for City (“vendor personnel”) are required to sign this documen, Rochester Library, Rochester Public City of RochesterAll employees and agents of vendors and contractors who will access City (be complied with by all vendor personnel. has been read and its’ conditions will ”ublic DataonpAccess to N“Responsibilities of Persons Who Have Attachment 1purposes. public data for personal personnel will not attempt to access not(paper, computer, voice mail, microfiche, imaged). Vendor client information regardless of physical form or storage media Vendor personnel may not disclose of any private or confidential 31. vendor consider demotion, suspension and termination.ty requesting the iCDisciplinary action may include liability. project as well as being subject to Minnesota civil and criminal ty it to disciplinary action, including total removal from the Csubjecreferenced policies. Any -acknowledge acceptance of the abovety information technology will ivendor personnel of any C Use by 30. copyright laws.ty to break ionnel are prohibited from causing CVendor pers 29. or pictures.or receive threatening, obscene, abusive, sexually explicit language ty information technology to send iVendor personnel may not use C 28. relationship.ty/Vendor Personnel ity upon termination of the Cicondition to Cbe returned in good All equipment issued to vendor personnel will 27. are not authorized.ty facility for which they icodes/passkeys to secured rooms at any CVendor personnel shall not attempt to obtain or distribute door pass 26. system or user passwords.ty iobtain or distribute C Vendor personnel shall not attempt to 25. ty.isoftware without the written approval of the CVendor personnel may not remove or delete any computer 24. disposal.All data storage media shall be erased or destroyed prior to 23. configurations, etc.addresses, security Information includes but is not limited to: IPinformation to complete tasks and who have signed this agreement. to anyone. Exception: other vendor personnel needing the ty computer information iVendor personnel may not give out any C 22. ty.iwriting by the Csniffers, unless authorized in network traffic by any means, including the use of network Vendor personnel are prohibited from intercepting or monitoring 21. personnel. Sty Iiyour work, contact CDownloading of files from the Internet. If files are needed for e. Any illegal activity. d. related work activity; or-Non c. Internet surfing not required for their work activity; b. Game playing; a. networks for any of the following reasons:ty computer systems or iVendor personnel may not utilize C 20. ty.iwritten approval from the CBuilding without prior ty iC ay data and/or software shall not be removed from itC 19. ty resource for personal use. iCVendor personnel may not copy any data and/or software from any 18. ty.ity device without written approval from the Ciany Cor phone cables to Vendor personnel shall not attach any network 17. hardware. Cityprogram, installed on virus or other software -authorized encryption device, or antiVendor personnel shall not delete, disable, or bypass any 16. ty.ifrom the Creason, without prior written approval building for any City aVendor personnel may not remove any computer hardware from 15. ty.iCthe without written approval from ty network CiVendor personnel shall not attach any device to the 14. ty. iapproved in writing by the Chardware, which has not been Citydevice or software on any Vendor personnel shall not install or use any type of encryption 13. y.itto the Cto be a security loophole or weakness in the computer network Vendor personnel shall promptly report anything that they deem 12. breach of security.ential have any reason to suspect a breach of security or potif they IS Staff ityVendor personnel shall promptly notify the C 11. .City IS Staffother computer errors to on problems or any -Vendor personnel shall promptly report log 10. their specific contract work.n to Vendor personnel shall execute only applications that pertai 9. ty.iCthe have been approved in writing by ty computer. The software must iall software loaded onto any CVendor personnel shall maintain a log, left with the computer, of 8. ry short time periods.leaving for veelect to lock the workstation rather than logging off when the network while away from their area. Vendor personnel may 7. may be used by multiple people.system or service accounts on to a computer. Authorized-to logaccount, nor are they permitted to utilize someone else's account on to any computer utilizing their, if provided, personal -logVendor personnel are not permitted to allow another person to 6. on access.-passwords for log Vendor personnel are not permitted to script their user IDs and 5. recorded in an unsecured manner.Passwords shall never be displayed, printed, or otherwise d. your full name.Passwords may not contain your user name or any part of c. at least six characters long.Passwords shall be b. Passwords shall remain confidential. a. the following.on information. Passwords shall adhere to -their account and log 4. they are specifically authorized.hose resources for which Vendor personnel may access only t 3. Staff. Information Services/Information Support (IS)City All vendor personnel shall use only accounts authorized by 2. .any information technology used by vendor personnelreserves the right to review, audit, or monitor ityC Theaccess. ty property, or Internet ielectronic communications, use of CVendor personnel have no expectation of privacy in any 1. Attachment 1 156 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Term of this agreement inted Vendor personnel’s name, pr ’s name, printed Company Vendor Date Vendor pe brought under this chapter.med to have waived any immunity to a cause of action liable to exemplary damages of not less than $100, nor more than $10,000 for each violation. The state is deeall, in addition, be reasonable attorney fees. In the case of a willful violation, the political subdivision, statewide system or state agency shsustained, plus costs and tem or state agency to cover any damages or confidential data on decedents may bring an action against the political subdivision, responsible authority, statewide sysed or a representative in the case of private data on decedents or representative of a decedent who suffers any damage as a result of the violation, and the person damagr is liable to a person A political subdivision, responsible authority, statewide system, or state agency which violates any provision of this chapte Action for Damages with a misdemeanor.sions of the Act, may be charged who willfully violate the provi Any person, even those who are not employees,who knowingly violates the provisions of the Act. e Minnesota Government Data Practices Act, MN Statutes, Chapter 13, provides for disciplinary action for any government employe The Data Practices Act Penalties PENALTIES FOR UNLAWFUL USE OF DATA .porations, agencies or vendors are protectedMost investigations of individuals are confidential, but investigations involving corarmful to the patient. Examples of confidential would include some medical data if the medical care provider deems that access to the data will be h ease of information.subject of the data. The subject of the data CANNOT authorize anyone else to see or receive copies of the data by signing a is data that identifies individuals and cannot be disclosed to the public or even to the individual who is the dataConfidential B. Examples of private data include medical data and personnel data. anyone the law says can view the data. 3. anyone to who the individual gives signed consent to view the data; 2. who is the subject of the data or a designated representative; 1. are permitted access to private data:data maintained on individuals who are identified or can be identified in the data. Only the following persons is government Private date A. es or vendors who need the information to do their jobs.employey is restricted to those Generally, if the data you work with identifies a person it is private or confidential data. Use and access within the agenc confidential, or protected nonpublic data, either singly or in any combination.ivate, nonpublic, Not public data means any data which the law declares is not available to the public. It is a broad term which includes pr information. private and confidential types of information, the restrictions on the use of it, and some examples of each type of The following describes the so that you will understand what information is protected and your responsibilities in regard to that information. itythese restrictions on information within the Cexplains some of Attachmentnformation in this Protection of this data from unauthorized use or disclosure depends on the cooperation of all staff and vendors. The i .StaffIS summarize the information in writing within fifteen (15) days of the disclosure to authorized City diately upon discovery and imme IS Staffnonpublic data be disclosed, whether intentionally or unintentionally, the disclosing party shall notify the authorized City Should any n connection with your vendor work duties in any manner different from the scope of your specified duties.includes using the information obtained iform. Unauthorized disclosure also (visual) Unauthorized disclosure of data means releasing information over the phone, in verbal conversations, and in written ut the permission of the originator or data subject. Unauthorized use of data includes making copies of data or computer software and related materials witho disclosure both at work and outside the office.files. This information is protected by law, policy, contracts, agreements, or licenses regarding the may have access to special work areas, computers or other , you may have access to records containing information which is protected from unauthorized use. For example, you Cityhe tworking with personnel As a vendor PERSONNEL VENDOR PUBLIC DATANONOF PERSONS WHO HAVE ACCESS TO RESPONSIBILITIES 157 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB \[document follows this cover sheet\] MAYO CODE OF CONDUCT EXHIBIT I 158 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Our Values in Action 159 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB guidelines for masking and social distancing. pandemic protocols. Please follow all recommended CDC the COVID-19 pandemic and does not demonstrate proper This document contains content that was created prior to 26 Stay Connected Stay Connected SECTION 7 25 Financial Integrity - Books and Records 24 Financial Integrity - Patient Billing Responsible Business Practices SECTION 6 Diversity 22 Equity, Inclusion & Embracing Differences SECTION 5 20 Political Activity 19 Community Engagement Stewardship 18 Environmental Social Responsibility SECTION 4 Mutual Respect 16Employee Safety & Health 15 Workforce Support SECTION 3 Use of Mayo Clinic Assets 13Bribery and Corruption 12Conflicts of Interest 11 Behaving Honestly SECTION 2 Social Media 9Patient Privacy 8Information Security 7 Information Safeguarding SECTION 1 Let’s Get Started 5Our Legacy of Values 4Welcome 3 160 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB This photo was taken in compliance with Mayo Clinic’s COVID-19 precautions. Mayo Clinic Chief Administrative Officer Christina Zorn Mayo Clinic President and Chief Executive Officer Gianrico Farrugia, M.D. always placing the needs of our patients first. and Conduct guide us in our decision making while Mayo Clinic values (RICH TIES) and Code of Ethics behavior is at the heart of everything we do. Our on integrity. Our reputation for honesty and ethical won’t change is the value that Mayo Clinic places each other will continue to evolve. But one thing that strategy, the ways that we interact with patients and As we continue to advance our 2030 Bold. Forward. This is an exciting time to be part of Mayo Clinic. 161 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB talents of each employee. through the creative ideas and unique enhancing the lives of those we serve, Infuse and energize the organization, nnovation I collaboration. members in unsurpassed blending the skills of individual staff Value the contributions of all, eamwork T patients place in us. physical, emotional and spiritual needs. being of the whole person, respecting Inspire hope and nurture the well ealing H sensitivity and empathy. patients and family members with Provide the best care, treating ompassion C our responsibility, worthy of the trust professionalism, ethics and personal Adhere to the highest standards of ntegrity I dignity. their families and colleagues with community including patients, Treat everyone in our diverse espect R and encounter. across the organization. We believe that everything we do affects every person, experience describe a common purpose which embodies the Mayo Clinic Values that guide our behavior connection they provide to the rich history of Mayo Clinic. The standards listed below – is used to help you remember each of our eight values and the “RICH TIES” The acronym – E 162 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB and material resources. managing our human, natural communities by wisely mission and extended Sustain and reinvest in our tewardship S member. dedicated effort of every team quality of service through the Deliver the best outcomes and highest xcellence 163 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Mayo Clinic’s values of RICH TIES and our primary value– express your concerns, including the Hotline. antiretaliation policy and will offer you alternative ways to and resolve issues. Your supervisor will remind you of the Compliance Office or Human Resources to help find answers thoroughly investigated and may contact the Integrity and has a responsibility to ensure that your concerns are to bring concerns to supervisors and others. Your leadership It’s important to all of us that we feel safe and empowered Code and complying with it. will help you understand the importance of knowing the understand how the Code impacts your specific area, and They unit or department leader when you have questions. You should also work with your supervsior, work Compliance intranet site to get answers to questions. use this digital version located on the Integrity and uphold Mayo Clinic’s Code of Ethics and Conduct. You can Mayo Clinic relies on all employees to understand and WORK WITH YOUR LEADERS suspected violation of Mayo policy, law or regulation. responsibility to report, in good faith, any known or responsibility. Each of us who works at Mayo has a Compliance is everyone’s Mayo expects you to speak up: on compliance topics. Integrity and Compliance Office also provides education to ensure compliance with complex regulations. The physician leaders and appropriate committees ethics. They work with department and division chairs, about the health care regulatory environment and business for questions and concerns officers are available as a resourceIntegrity and Compliance Office – no exceptions. Compliance report submitted to the Hotline is reviewed by Mayo Clinic’s Program, which includes our Hotline reporting tool. Every Compliance Office oversees the Integrity and Compliance uphold our commitment to the Code. The Integrity and Mayo Clinic created its Integrity and Compliance program to INTEGRITY AND COMPLIANCE PROGRAM corrective action to those who violate the standards in the Code. such behavior as soon as possible after discovery and to provide committed to preventing unethical or unlawful behavior, to halt business and the public at large. Mayo Clinic is volunteers, all Mayo Clinic subsidiaries, those with whom we do employees, students, short-term research appointees, standards to patients, Mayo Clinic’s trustees, officers, conduct. Through the Code, we communicate our ethical statement of Mayo Clinic’s standards and rules of ethical business Clinic Code of Ethics and Conduct (“the Code”) is a formal we are worthy of the trust our patients place in us. The Mayo professionalism, ethics and personal responsibility. By doing so, with integrity, we adhere to the highest standards of and conducting our business with integrity. When we behave Mayo Clinic is committed to providing outstanding patient care BACKGROUND Back Next Back to Contents Hotline the needs of the patient come first–are often best lived as you 164 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB The Code - Integrity and Compliance Newsletter Compliance website – FAQs, Policies ADDITIONAL RESOURCES Contact a Compliance Officer 507-538-3437 Contact the Compliance Office https://mcsm.service-now.com/hrconnect/HR Connect 5391 Toll-free: (888) 721-MayoClinicHotline.com Hotline HOW DO I RAISE CONCERNS? see or experience concerning behavior. valued and are encouraged to speak up when they promote an environment where team members feel work with your team. We should all do what we can to 165 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents classifications and their roles as data custodians to protect our CBI. Employees need to understand different data policy. accordance with sharing information outside of Mayo Clinic, it needs to be done in includes refraining from sharing CBI through social media. When Every employee at Mayo Clinic is responsible for protecting CBI. This Business plans and trade secrets •Projected earnings •Unpublished research data •Financial data and reports •(PHI) Protected Health Information •Examples of CBI include: public, including Mayo Clinic’s competitors. definition, CBI is information that is not generally available to the (CBI). By Confidential Business Information do this is to protect Mayo Clinic relies on all of us to support its mission. One way you can 166 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB. Global Security officeReport suspicious activity on campus to your location’s Technology Management (HTM): 507-538-1222. Report problems with medical equipment to Healthcare to the Help Desk: 507-284-5500. Report problems with computer systems or software . phishing@mayo.edubutton or forward messages to Report suspicious email with the Report Phishing employees and our network safe. activity as soon as possible to help keep patients, It is up to you to report problems and suspicious ADDITIONAL RESOURCES works. Report Phishing system how Mayo Clinic’s by completing required education modules. Review Learn how to recognize and report phishing email •gift cards for Mayo Clinic staff. Remember, you should never be asked to buy •information. are communicating with using trusted contact phone calls from unknown persons. Verify who you Don’t take action based on email, text messages or •line with extra care. Treat email tagged with \[EXTERNAL\] in the subject •Keep these tips in mind: RECOGNIZE THREATS . Communications policyComputer, Internet and Electronic Review the equipped with device-level data encryption. also ensure that any portable device that stores CBI is Mobile Device Management (MDM) system. We must (including email) must be managed by Mayo Clinic’s connects to Mayo Clinic enterprise networks or systems Any portable device, such as a smartphone or tablet, that request the new technology and tools. to Third Party Risk Management process work, follow the workgroup identify a need for new technology to do your this can put Mayo Clinic Data at risk. If you or your collecting and storing information related to your work as authentication. You should not use free web-based tools for protected by your password and multifactor securely from almost anywhere. Remote access is workstations and computers allowing you to collaborate Applications to do your work are provided on Mayo Clinic USING TECHNOLOGY reuse your Mayo Clinic passwords on personal accounts. sharing it with others. Also remember that you should not Clinic data, such as creating a unique password and never There are some simple steps you can take to protect Mayo target health care companies to steal it. Health care information is valuable and criminal groups needs to be protected. Your job will likely put you in contact with data that PROTECT MAYO DATA responsibility to protect these valuable assets. computer systems and data has an individual patients at risk. Everyone who uses Mayo Clinic’s data breach or system outage and put the safety of our internal misuse of systems and data could result in a care to our patients. An external cyberattack or Technology is a critical part of delivering world-class S – Integrity, Stewardship CH TIEIR MAYO CLINIC VALUES Back Next Back to Contents Hotline OIS Awareness website 167 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 168 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB their privacy and can subject you and Mayo Clinic to fines business or clinical need or a valid authorization violates No. Accessing someone’s medical record without a medical record to learn whether she is doing well? At work, you wonder how she is doing. Can you access her Clinic. his wife was in a car accident an d brought to Mayo Your neighbor’s husband tells you outside of work that FAQS . Third Party Risk Managementassistance from third parties access to our networks or PHI, seek sharing data with an outside organization or allowing appropriate safeguards and contracts are in place. Before Mayo Clinic manage these risks and ensure that the Management provides end-to-end management to help safeguard any PHI that they receive. Third Party Risk Our vendors, suppliers and other third parties must also OUR BUSINESS PARTNERS . WebsitePrivacy Office Office via our online reporting tool on the any known or suspected privacy incidents to the Privacy privacy laws or Mayo Clinic privacy policies. You can report Insurance Portability and Accountability Act (HIPAA), state Health have been viewed, used or shared in violation of the an obligation to report any situation where PHI may You also have disciplinary action up to, and including, termination. curiosity or any other improper reason can result in need to access, use or disclose PHI. Accessing PHI for You must always have a legitimate business or clinical . policiesMayo Clinic’s privacy trainings and understand expectation, you are expected to complete privacy responsibility of everyone at Mayo Clinic. To meet that Maintaining the confidentiality of PHI is the OUR WORKFORCE to protecting the confidentiality of PHI. protected. Mayo Clinic has a long-standing commitment and they expect AND deserve to have their information to our patients Clinic patient. PHI is often deeply private and personal information or even the fact that they are a Mayo care, their payment for health care, demographic future health conditions, their eligibility for health about a patient that relates to their past, present or Protected health information (PHI) is any information OUR PATIENTS – Respect, Integrity CH TIES RI MAYO CLINIC VA LUES Back Next Back to Contents Hotline and penalties. The Privacy Office uses a monitoring tool 169 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Privacy Reminders for Staff While Working Remotely Contact a Privacy Officeror call 507-266-6286 to learn more Integrity and Compliance Intranet site CONTACT INFORMATION & ADDITIONAL RESOURCES . Privacy Office websitethe learn more about PHI and how to deidentify data, visit Photography policy and by using secure applications. To photographs of patients pursuant to our authorization. Moreover, you should only take we cannot share PHI publicly without written patient even without any other identifying information, and include unique characteristics, are considered PHI No. Full face patient photographs or photos that state: “I love my job!” Is this appropriate? name or other identifying information and simply happy patient, and post it on social media with no You use your phone to take a selfie of yo u with a don’t mean any harm. authorization on file is never appropriate, even if you reasons, without a business or clinical need or a valid No. Accessing someone’s medical record for personal record just to look up her address? to send her a card. Can you access her medical Your coworker is out on parental leave and you want to detect inappropriate access to the medical record. 170 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB This would be an inappropriate disclosure of patient name? this message as long as you don’t use the patients community to share the po sitive news. Can you post want to post a short message to your friends in the will be discharged and going home in a few days. You and are aware that her surgery was a success and she event. Later, y ou are involved in the care of the patient who sustains a sports injury during a local sporting You and others within your community witness a child FAQS your social media activity does not interfere with your work. patient you have helped. Use good judgment to ensure that media. For example, you should not post a photo of a information about Mayo Clinic or its patients on social Remember that you should never share confidential may result in consequences for you or our organization. unprofessional behavior reflect poorly on Mayo Clinic, and honest in your communications. Errors, omissions or Be professional, use good judgment and be accurate and you do not see it that way. you as representing Mayo Clinic on social media even if you navigate these situations successfully. Others may see Following Mayo Clinic’s social media guidelines can help even if deleted. to remember your online activity can live forever, important information or opinions about another person. It is responsibilities, especially if you are sharing Anything you do on social media may carry risks and OUR WORKFORCE care and work to create a supportive environment. respectful to all so that we show our patients that we their families and our professional reputation. Be think about how your words could affect our patients, posting online, remember Mayo Clinic’s values and navigate social media as Mayo Clinic employees. When Being mindful of patient privacy is critical as we OUR PATIENTS with family, friends and coworkers around the world. rewarding way to share your experiences and opinions issues that are important to you. Social media can be a dialogue is a vital way to make your voice heard on dialogue and participation in social media. Community Mayo Clinic supports staff involvement in community – Respect, Integrity CH TIES RI MAYO CLINIC VALU ES Back to Contents Hotline Back Next information as you learned the information while 171 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Approved stories and news Official Mayo Clinic Social Media Outlets: Mayo Clinic News NetworkSocial Media Policy and Guideline Mutual Respect Policy ADDITIONAL RESOURCES workplace. and conduct, even if it happens outside the Office for further review of unprofessional behavior your manager, Human Resources or the Compliance process to address situations like this? working around him. Does Mayo Clinic have a group have shared that you feel uncomf ortable You and several other members of your work violence against people who hold opposing views. includes threatening language and references election, one of your Mayo Clinic colleagues, In a pos t about a contentious local school board that can identity a patient. elements of protected health information (PHI) a patient’s name, there are several other by omitting working in your professional role at Mayo Clinic. Even 172 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents that support a collegial, honest and fair environment. As a Mayo Clinic employee, your responsibility is to behave in ways advantage of any kind. solicit or accept anything of value that could be perceived as an unfair be viewed as inappropriate. Under no circumstances should you offer, Clinic. Accepting gifts from vendors, business partners or patients can come into conflict or appear to be in conflict with the interests of Mayo professionals or patients, do not let your personal financial interests such as pharmaceutical and medical device manufacturers, other care When building a relationship with any for-profit commercial company, education or clinical practice missions. the activity could lead to meaningful support for Mayo Clinic’s research, exchange of ideas in which each party benefits from the interchange or consistent with Mayo Clinic’s mission if the activities involve a two-way public through the transfer of scientific discovery. These activities are ideas and discoveries, both of which ultimately benefit the general Relationships with industry can facilitate the advancement of innovative industry, or serving on a for-profit board of directors. consulting service to industry, speaking engagements with interested in activities like starting a new business venture, providing It’s not uncommon for Mayo Clinic staff members to find themselves Behaving Honestly 173 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB law. Mayo Clinic policy, industry standards and applicable representatives to behave in a manner consistent with our contracts. We also expect suppliers and their sales these organizations to act within the legal framework of relationship with that organization. Mayo Clinic expects vendors and other business partners, we create a legal When Mayo Clinic enters a business relationship with OUR VENDORS & BUSINESS PARTNERS other benefits. These offers must be politely declined. staff gifts of cash, food, entertainment, tickets, travel or conducting business with Mayo Clinic may try to offer Clinic. Suppliers, other companies or individuals accepted from a vendor or business partner of Mayo relationships, personal gifts of any kind cannot be Because we value the integrity of our business advantage of your employee status for personal gain. are expected to treat people fairly and not take business relationships. As a Mayo Clinic employee, you with this information as you broaden your industry and help you avoid problematic situations. Become familiar has developed policies to answer your questions and of interest and potentially illegal situations, Mayo Clinic problems. To ensure that Mayo Clinic staff avoid conflicts referring providers, can present ethical and legal Interacting with product and service suppliers, as well as decisions or actions as a Mayo Clinic employee. Clinic that might influence, or appear to influence, your and disclose all your personal financial interests to Mayo industry. It is also important for you to be transparent Relations Committee for all your external activities with institutional approval from the Medical-Industry You should make sure you have the appropriate OUR WORKFORCE decline. Patients policy for guidance if you are unable to politely be heart-felt, you must consult Mayo’s Gifts From Patients may offer you gifts or money. While the gift may you are benefiting from that patient relationship. patients, you should not behave in ways that suggest respected. When building relationships with our activities, patient care and privacy must always be When staff participate in community or industry Mayo Clinic patients expect and deserve quality care. OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VALUES Back to Contents Hotline Back Next SUMMARY/SCENARIO 174 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Supplier and Sales Representative Code of Conduct (PDF) Mayo Clinic Supplier information page Policy Gifts from patients - Policypage Gifts from vendors or business partners - Medical-Industry Relations Committee intranet Conflict of Interest intranet page ADDITIONAL RESOURCES your outside business activities and your Mayo Clinic strategy in place to help you keep separation between assist you by putting a conflict of interest management Call the Conflict of Interest Review Office. The team will responsibilities. activities separate from your Mayo Clinic you are not sure how to keep your outside business You have started a medically-related company and personal gain. patient and business needs and should not be used for Mayo Clinic resources are provided to staff to support community. performance or Mayo Clinic’s reputation in the Clinic business or have a negative impact on job Your external activities should not compete with Mayo decisions or actions as a Mayo Clinic employee. Personal financial interests should not influence your 175 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB a business arrangement with Michael from XYZ Corp. Mayo Clinic employee Susan is negotiating Scenario 1: . existing guidance on food and giftsin accordance with Compliance Office to help you respond appropriately, Contact the Integrity and for a business relationship? appropriate gift What if I need to offer or accept a c ulturally FAQS/SCENARIOS criminal repercussions. subject Mayo Clinic to significant financial and patients, business partners and regulators and could Corruption will dramatically erode the trust of our Compliance Office or the Legal Department. corrupt acts, you must contact the Integrity and anyone connected to Mayo Clinic is engaged in business on behalf of Mayo Clinic. If you suspect integrity and expects the same of anyone conducting Mayo Clinic is committed to conducting business with OUR BUSINESS PARTNERS department. remuneration should be reported the compliance for gifts, payments or other inappropriate parties services or even job opportunities. Any requests from third could include offers of cash, gifts, complimentary health business is illegal and against Mayo Clinic policy. This influence a government decision, obtain business or keep Offering something of value to a government employee to that shown in Mayo Clinic’s records. payments to third parties for any purpose other than unethical purposes. You should also not make any never use Mayo Clinc funds or assets for any unlawful or honestly and with integrity. As an employee, you should As a Mayo Clinic employee, you are expected to behave OUR WORKFORCE what we can to maintain patient trust. patients will not see us as trustworthy. We must all do our reputation is damaged because of corrupt actions, reputation for integrity and our Mayo Clinic values. If teams. They will be treated well because of our care at Mayo Clinic because we have the best health care truthful, open manner. They will get exceptional health Our patients expect that we conduct our business in a OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VALUES Back to Contents Hotline Back Next Michael suggests he could offer better agreement terms if 176 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Gifts and Entertainment - International Business Activities International Anti-Corruption Due Diligence Policy International Anti-Corruption Policy ADDITIONAL RESOURCES must contact Compliance for guidance. likely seeking to arrange a bribe through the consultant. David the front of the line and guarantee its approval. The official is consultant service that can help move Mayo Clinic’s application to bureaucratic red tape, an official gives David the name of a Mayo Clinic from a foreign government. After encountering David needs to obtain a government license for Scenario 3: processes. arrangements through Mayo Clinic’s business travel to meet at a site related to the deal and make travel performance of his Mayo Clinic duties). Oliver should request negotiations (influencing Oliver to act contrary to the and accommodations to gain a corrupt advantage in the first-class travel to a luxury resort where they can discuss the Oliver is trying to sign a lucrative deal with Scenario 2: Office refuse and report the request to the Integrity and Compliance exchange for a bribe (a job for Michael’s daughter). Susan must terms) by acting contrary to the performance of his duties in Michael is offering a corrupt advantage (better contract Susan could get Michael’s daughter a job at Mayo Clinic. 177 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB While you cannot use Mayo Clinic email for personal benefit. indicates that Solicitation and Distribution Policy The information to her departmental distribution list. she opens her laptop and sends the cookie fundraiser brand of cookies she is selling. When she gets to work daughter and knows some of her coworkers love the and is s elling cookies. Anna wants to support her Anna’s daughter is fundraising for her soccer team SCENARIO records. parties must be accurately reflected in Mayo Clinic or unethical purpose is prohibited. Payments to third The use of Mayo Clinic funds or assets for any unlawful OUR BUSINESS PARTNERS for adjudication of ownership. brought to the Medical-Industry Relations Committee its research, clinical and educational programs, must be including their Mayo Clinic duties or Mayo Clinic’s business, Mayo Clinic facilities or resources and not related to personnel on their personal time, not involving use of Any intellectual property developed by Mayo Clinic records. parties must be accurately reflected in Mayo Clinic or unethical purpose is prohibited. Payments to third The use of Mayo Clinic funds or assets for any unlawful use Mayo Clinic assets for your personal gain. benefit of Mayo Clinic and our patients. You may not Mayo Clinic assets are to be used solely for the OUR WORKFORCE our patients and provide the best patient experience. Protecting our assets is another way that we protect Patients directly benefit from Mayo Clinic’s assets. strategies and plans about Mayo Clinic activities. intellectual property rights, research data, business Assets include medical records, concepts, financial data, funds, email, internet, software and office supplies. Mayo Clinic assets are more than equipment, inventory, OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VALU ES Back to Contents Hotline Back Next these causes are admirable, Mayo Clinic 178 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Solicitation and Distribution Policy Business Associate PolicyIntellectual Property - Royalty Sharing Policy Inventions, Data and Other Assets PolicyMayo Clinic Ownership of Intellectual Property, Policy Mayo Clinic VenturesThird Party Risk Management (TPRM) ADDITIONAL RESOURCE S questions. Compliance Officer for further guidance or purposes only. Talk with your Manager or resources should be used for business 179 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents 180 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB purchase products to ensure safety and quality. If you are also be seen as failing. We take many steps before we safety and quality. If their products fail, Mayo Clinic may When working with vendors, we expect a high level of OUR VENDORS Security as appropriate. enforcement, in consultation with Legal and Global always cooperate with government inspectors and law federal, state and local laws. Mayo Clinic employees should As Mayo Clinic employees, we comply with all applicable and manage Mayo Clinic’s safety policies and procedures, identify by actively engaging in safe behaviors. We need to follow Each of us must do our part to create this environment and our colleagues. environment for our patients, their family members importance of maintaining a safe, secure and healthy All of us who work at Mayo Clinic know the OUR WORKFORCE . Securitysupport from nearby staff and contact behavior is encountered, secure your safety, seek . If physically volatile or threatening Procedure Patient Misconduct and Behavior Managementthe patient nurse in the emergency department. One night, a Mary is working the night shift as a Scenario: on working at home. illnesses •security incidents •injuries reoccurrence of previous aggravation or •workplace injuries •reference , and Patient and Visitor Conductso), contact behavior in the moment (provided it is safe to do derogatory or discriminatory behavior, address the for tips Frequently Asked Questions Safety Intranet site list of Please visit the the ergonomics of my home office. I am working remotely and need some help with safety@mayo.and report it to Security. If not an emergency, alert your manager you have an emergency, call 911 or contact If What should I do if I see something unsafe? FAQS/SCENARIO supervisor. Each of us is responsible for reporting If safety or health is compromised, please tell your workplace. part of Mayo Clinic’s commitment to a safe, healthy staff with ergonomically appropriate work areas as support our health. Mayo Clinic strives to provide when working remote, should be safe places and our own health and well-being. Our work areas, even Part of maintaining a safe environment is maintaining disrespectful, with our patients and visitors. If you encounter you have the right to feel safe at work when interacting Mayo Clinic encourages safe patient interactions, and OUR PATIENTS – Teamwork IES TRICH MAYO CLINIC VALUES Back Next Back to Contents Hotline working with a vendor or a product and suspect safety 181 Security Intranet Site Patient and Visitor Conduct SiteSafety Intranet Safety Policiesconcerns. steps can be taken to resolve any potential safety issues, discuss this with your supervisor so the right and response initiatives. preparedness workplace hazards and support emergency ADDITIONAL RESOURCES place. proper documentation of the events can take department and to her supervisor to ensure happened to the Mayo Clinic Global Security Following the incident, Mary reports what had before the patient had scratched Mary’s arm. successfully calms the patient down, but not been through a de-escalation training class, Mary and the other staff. Mary, who has recently administered by because she doesn’t like the treatment being becomes verbally and physically abusive 182 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB. industry and supplier/sales representativesMayo Clinic standards and code of conduct for healthcare to follow the rules we provide for them as presented in language or lack of professionalism. Vendors are expected disrespectful treatment from vendors, whether abusive in-person or virtually. You do not have to tolerate respect when they interact with us, whether Mayo Clinic expects our vendors to show Mayo Clinic staff OUR VENDORS retaliation policy. made in good faith are protected under the anti- leadership for department-specific concerns. Reports homepage. You can also talk with your department Human Resources Advisor by visiting the HR Connect If you have concerns, you can make contact with your both parties to better understand each other. with co-workers to try to work out differences, allowing If you feel comfortable, we encourage you to communicate about this topic. Media Policy and Guidelines provide more information consistent action. The Mutual Respect Policy and Social reported. Mayo Clinic will investigate and take fair and be that promotes violence or discrimination, this should to our patients. If someone uses language or behavior disciplines and job roles as team members, committed Mayo Clinic relies on all of us to work across values. inclusion among all people, in support of Mayo Clinic of professionalism, teamwork, cooperation and environment of mutual respect by promoting a spirit We are committed to creating a healthy work OUR WORKFORCE questions. voice and a place to express concerns or ask should strive to ensure that every employee has a or conflict within our work departments. All of us Sometimes, we may experience discord, frustration and cooperation. we act with compassion, integrity, consideration Clinic’s diverse community is strengthened when free from harassment and discrimination. Mayo expect an environment that fosters mutual respect, Mayo Clinic’s employees, patients and visitors OUR PATIENTS – Respect ICH TIES R MAYO CLINIC VALUES Back Next Back to Contents Hotline SCENARIO 183 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Nondiscrimination PolicySupply Chain Reporting tool siteHotline HR Connect intranet Integrity and Compliance PolicyRetaliation Policy Anti-Mutual Respect ADDITIONAL RESOURCES . Harassment policySexual and Other information, reference the safe and report the incident. For additional subject of the harassment is witness harassing conduct, make sure the Integrity and Compliance Office. If you ever to your supervisor, Human Resources or the behavior continues or if you feel unsafe, report with the employee if you feel safe. If the be addressed. Attempt to resolve the concern There are several ways that this behavior can that can be harassing, coercive or disruptive. environment free from all forms of conduct Employees have the right to work in an The acts make you feel uncomfortable. After you ask them to stop, the behavior you to join them for l unch and giving you gifts. comments about your appearance, inviting personally, such as repeatedly making A colleague is showing interest in you 184 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents 185 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB to perform recycling services. Mayo Clinic Health System sites contract with vendors recyclables are processed. Mayo Clinic in Arizona and campus also operates a recycling area where some recyclers. Although not quite as large, the Florida materials so they are packaged appropriately to transport to construction projects and processes plastic and other Center shreds paper, bales cardboard, sorts metals from Rochester, Minnesota, campus since 1990. The Recycling Mayo Clinic has operated its own Recycling Center on the DID YOU KNOW? sustainability. if you have an interest in and passion for environmental Green Advocate program sustainably. Consider joining the opportunities for your work unit to operate more environment in your daily activities and seek Develop a stewardship mindset. Consider the •properly. you can at your site and ensure all waste is disposed of bottle, don’t print unless necessary, recycle everything the employee cafeteria, consider using a reusable water Reduce waste. Choose reusable utensils when dining in •and close fume hoods in laboratory spaces. power down noncritical equipment at the end of the day consumption. Turn off lights when you leave a room, Conserve energy. Be mindful of your energy •areas and Mayo Clinic. Here are some steps you can take: Each of us can take steps to be good stewards of our work OUR WORKFORCE a positive impact on their health and health care. environment has environment as we do. A welcoming, clean to maintain our facilities and respect the patients take in our spaces. They appreciate our efforts Part of the Mayo Clinic experience is the comfort our OUR PATIENTS Mayo Clinic’s sustainability goals. stewardship and ask that you do your part to support and sustainable approach to environmental communities. We do this by exercising a thoughtful to benefit the health of our patients, staff and administrative operations, practices in patient care, education, research and committed to responsible environmental protection environmental health and public health and is Mayo Clinic recognizes the link between planet Environmental Stewardship from patient to S – Stewardship RICH TIE MAYO CLINIC VALUES Back Next Back to Contents Hotline ADDITIONAL RESOURCES 186 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB officeofsustainability@ mayo.edu.Clinic’s environmental footprint? Email Have a question or suggestion to improve Mayo Environmental Stewardship External Website Sustainable Building Policy Mercury Elimination ProcedureWaste Management and Recycling Policy Environmentally Preferable Purchasing Policy Energy Management Guidelines Energy PolicyOur Environmental Statement Green at Mayo Clinic 187 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Channel One Regional Food Bank, Mayo’s Season of Giving. Mayo Clinic Cares Intranet SiteCommunity Engagement Website disparities and challenges. residents, and especially those with the highest health agencies to improve community health for all our work with other volunteers, organizations and community health needs. These priority areas guide communities to conduct regular assessments of and other organizations across Mayo Clinic Community Engagement works with local public health in need. provided $49 Million dollars in charity care to patients philanthropic support. In addition, in 2021, Mayo Clinic ADDITIONAL RESOURCES support the work. time to help organize the work or donating funds to participate in these campaigns either by donating organizations. Employees are encouraged to Clinic staff to directly contribute funds to need-based serve local charities or resources by allowing Mayo Community Giving campaigns. These campaigns various ways. One way is through the annual Mayo Clinic staff support local communities in STAFF GIVE BACK 1.5 million people have been helped by Mayo Clinic need. More than health needs, disparities and support for those in nonprofit organizations to address community organizations in 2021. We collaborate with philanthropic support to hundreds of nonprofit Mayo Clinic provided more than $11.5 million in COMMUNITY CONTRIBUTIONS S – Stewardship RICH TIE MAYO CLINIC VALUES Back Next Back to Contents Hotline 188 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB for more information. Matrix Political Activity advocacy on issues, may apply. See political activities, such as public endorsement or If you are a leader at Mayo Clinic, stricter limitations on materials or distribute political statements. email, equipment and supplies, to prepare political Do not use Mayo Clinic resources, including facilities, •activities. representative when you participate in political Do not otherwise position yourself as a Mayo Clinic •are your own and do not represent Mayo Clinic. identify you, you must clearly share that your views If your title or affiliation with Mayo Clinic is used to •badge at these events. example, do not wear your Mayo Clinic identification employer or to your position at Mayo Clinic. For advocacy, do not refer to Mayo Clinic as your When participating in personal political activity and •follow some basic rules about political activity: Clinic, as a tax-exempt organization, must ask you to process outside of Mayo Clinic. Keep in mind that Mayo Mayo Clinic supports your participation in the political OUR WORKFORCE conversation if patients raise the topic. from discussing political views. Redirect the Out of respect for our patients, you should refrain of our interactions with patients or their families. be part have our political beliefs, but those beliefs should not our patients in a politically unbiased manner. We Our work at Mayo Clinic requires us to engage with OUR PATIENTS fundraising, is prohibited. political candidate or position or to engage in political to distribute statements supporting or opposing any Clinic employee. Any use of Mayo Clinic resources Clinic entities, as well as to your activities as a Mayo political activities. This prohibition applies to all Mayo from conducting certain tax-exempt status, tax regulations limit Mayo Clinic Clinic’s not-for-profit status. As a condition of that opinions. This is important to maintain Mayo suggest that Mayo Clinic shares your political to be mindful that those activities should not remember political process on personal time. As you do so, Mayo Clinic encourages you to participate in the – Integrity CH TIES IR MAYO CLINIC VALUES Back Next Back to Contents Hotline FAQS 189 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Policy Social Media Political Activity ADDITIONAL RESOURCES of public office. specific question if you choose to run for any type Compliance Office is available to answer any behalf of Mayo Clinic. The Integrity and the impression you are speaking or acting on resources, such as Mayo Clinic email. Do not give political process. You should not use Mayo Clinic Employees are encouraged to participate in the activity policy is followed? expected of me to ensure that the political Council s eat. As a Mayo Clinic employee, what is community, so I am running for an open City I want to do something to contribute to my Clinic. reference Mayo Clinic or your position at Mayo personal political activity, however, should not political process outside the workplace. Your Mayo Clinic encourages you to participate in the activist group. Does Mayo Clinic allow this? I am inte rested in being involved with a social 190 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents 191 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 192 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB commitment of our leaders to diversity development efforts and the be seen in our recruitment and talent the patient first. This commitment can diversity areplace to support equity, inclusion and policies and practices put in responsibility. Our commitment to the lives and personal lives is everyone’s Fostering mutual respect in our work impacting our communities. culture, connecting our teams and play a key role in enhancing our Mayo Employee Resource Groups focused care. ultimately, deliver world-class, patient-delivered to our learners and, pools, improve the quality of education competent care, enhance our research allows us to deliver culturally sensitive, foster an environment of inclusion that status, Mayo Clinic will continue to nationality, disability or other protected religion, sexual orientation, religion, employees, regardless of race, gender, similarities and differences of all of our their true, authentic selves to work. By valuing the diverse backgrounds, beliefs and expressions to bring Mayo Clinic provides opportunities for individuals with unity. sites and committed to provide solutions in support of cooperation. We are united across disciplines and compassion, integrity, consideration and community is strengthened when we act with inclusion and diversity and understand that our At Mayo Clinic, we value and celebrate equity, OUR WORKFORCE education and research. every patient through integrated clinical practice, to health and well- being by providing the best care to that mission we strive to inspire hope and contribute the needs of the patient come first and in support of inclusive environment for all patients. At Mayo Clinic and cultures and is committed to maintaining an Mayo Clinic welcomes patients from all backgrounds OUR PATIENTS Healing, Tea mwork – Respect, Integrity, Compassion, IES RICH T MAYO CLINIC VALUES Back Next Back to Contents Hotline and inclusion across all aspects of our 193 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB site. Office of Equity, Inclusion & Diversity Visit the Diversity initiatives? How do I learn mo re about Mayo Clinic’s Equity, Inclusion & site. Department Diversity Leader Resources Visit the What are Department Diversity Leaders? site. Mayo Employee Resource Groups Visit the How can I get involved? FREQUENTLY ASKED QUESTIONS and Aspirational. : Foundational, Core, across 3 categoriesimprove health equity Further, Mayo will employ its strategies to measurably increasing the diversity of its patient population and staff. plans to address systemic racism within Mayo Clinic, including developed objectives, strategies, timelines and metrics for As part of this commitment, site and shield teams have discrimination. matter their race or ethnicity, will not experience racism and is to ensure each person, no Commitment Against Racism for the communities we serve. The goal of Mayo Clinic’s to improve health disparities $100 million over ten years in support activities commitment against racism and committed In July 2020, Mayo Clinic announced a bold OUR COMMITMENT organization. 194 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Back to Table of Contents 195 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Policy Anti-RetaliationPrevention of Fraud, Waste and Abuse Revenue Cycle Compliance ADDITIONAL RESOURCES individual who self-pays. Private or government insurers or in some cases an Payer: services or supplies. Receiving payment that we’re not entitled to for things like Abuse: services. costs to a government program or an overuse of The misuse of resources that results and unnecessary Waste: information to receive a benefit. Intentionally submitting incorrect or false Fraud: RELEVANT DEFIN ITIONS issues. can provide more information and resources on billing from retaliation. The Integrity and Compliance Office Employees who report in good faith will be protected leadership or the Integrity and Compliance Office. occurring, you have an obligation to report these to waste and abuse. If you suspect billing errors are have False Claims Act laws to penalize billing fraud, other payers. The federal government and many states billing errors involving Medicare, Medicaid and its Mayo Clinic is committed to preventing and correcting False Claims Act protect ed under the anti-retaliation policy. say something. As always, reports in good faith are and be paid fairly. If you have a concern or a question, required disclosures. Mayo Clinic wants to bill fairly overpaid, Mayo Clinic refunds the payer and makes the Mayo Clinic’s internal review shows Mayo Clinic was laws forbid intentional and accidental overbilling. If abuse laws. These and billing are governed by the fraud, waste and necessary care. Mayo Clinic’s documentation, coding to be sure their dollars are going to medically obligation to appropriate reimbursement and payers have an have the right to appropriate care. Mayo Clinic has a right legally, we must document and bill accurately. Patients including private and government insurers. Ethically and Mayo Clinic works with well over 1000 different payers OUR WORKFORCE future bills. of tools and services to assist our patients to anticipate how their money is used to provide care. We offer a variety consumers, patients deserve to know and understand transparent information about billing. As health care Mayo Clinic seeks to provide patients with accurate and OUR PATIENTS – Integrity CH TIES IR MAYO CLINIC VALUES Back Next Back to Contents Hotline Record Retention Policy 196 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 197 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Officer with any outstanding questions. In addition to the policy, contact Legal or a Compliance Records Management and Retention Policy ADDITIONAL RESOURCES . Government Investigation Policy and Procedureregarding government investigations, reference the investigation. For more information about your rights about any unexpected government interview or Legal Department should be contacted immediately communicating with a government authority. The investigations. Mayo Clinic does not prohibit you from Mayo Clinic cooperates with government Government Investigations Record Management and Retention Policy. If you have questions about this, please review the in a legal proceeding may be a criminal offense. matter is closed, destroying records to avoid disclosure government investigation or audit is occuring. Until the records must not be destroyed if any litigation, Responsible business practices require that relevant and finance records to research records. These records range from employee records to tax law and are retained based on the applicable laws. collaborators. Many of these records are required by relationships with our patients, staff and business Mayo Clinic’s records create a history of our Record Retention on corporate books, are strictly prohibited. there is no accounting for receipts or expenditures Slush funds or similar off-book accounts, in which documents supporting the transaction. for a purpose other than that described in the Payment may not be made if any amount will be used be altered. Permanent entries in Mayo Clinic records must never occurred. records that do not accurately reflect what accurately reflect the true expense or creating any another, submitting expense accounts which do not person when payments actually were made to appear as though payments were made to one Falsifying records can include making records Mayo Clinic’s books and records to be inaccurate. It is against Mayo Clinic policy to knowingly cause or to hide anything that is improper. part of the creation of any records intended to mislead transactions represented. You must not create or be a records accurately reflect the true nature of the Federal law requires that Mayo Clinic’s books and OUR WORKFORCE & PARTNERS – Integrity CH TIES IR MAYO CLINIC VALUES Back to Contents Hotline Back Next 198 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Ask Privacy Office a question Ask Compliance a questionor call: 888-721-5391 Compliance Hotline Integrity and Compliance Intranet Site Connect with a Compliance Officer CONTACT INFORMATION you to help make your career at Mayo Clinic a success. conflict of interest and more. We’re available to partner with manufacturing, research, education, patient privacy, billing, data use, US Food and Drug Administration regulated and Compliance Office has experts in international business, Clinic Compliance team ready to support you. The Integrity all of your questions. Fortunately, you have a dedicated Mayo We know that this Code of Ethics and Conduct can’t answer Back Next Back to Contents Hotline 199 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB MC2570rev0622 ©2022 Mayo Foundation for Medical Education and Research. –William J. Mayo, M.D. of your work.”word: Let it enter into all the details honesty in every conception of the considerations, to be honest. I mean “ I would admonish you, above all other 200 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB\[document follows this cover sheet\] AGENCY SAFETY PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT J 201 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Agency Safety Plan Transit Rochester Public October 2020 Agency Safety Plan Rochester Public Transportation Page1 | 2 | 202 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB ................................................................................................. 38 . FIRST TRANSIT SAFETY POLICY–APPENDIX A .................................................................................................................................................... 37 . ACRONYMS USED .................................................................................. 34. DEFINITIONS OF TERMS USED IN THE SAFETY PLAN ........................................................... ...................................................................... 33. ADDITIONAL INFORMATION 7. SAFETY PROMOTION ................................................................................. ............................................................... 28 ................................................................................................................................... ............. 23. SAFETY ASSURANCE ................................................................................................................................ 16. SAFETY RISK MANAGEMENT SAFETY MANAGEMENT POLICY ............................................................................................................................. 6 ........................................... ........................................................................... 5. SAFETY PERMORMANCE TARGETS PLAN DEVELOPMENT, APPROVAL, AND UPDATES ..................................................... ...................................... 4 1. TRANSIT AGENCY INFORMATION .......................................................................................................................... 3 Table of Contents October 2020 Agency Safety Plan Rochester Public Transportation Page 203 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB not applicable Service is ProvidedEntity(ies) for Which Transit Agency(ies) or Name and Address of not applicable Arrangement(s) Description of No entity?another transit agency or transit services on behalf of Does the agency provide service yet still maintains the vehicles. First Transit subcontracts out the operating of Paratransit operate and maintain the buses used for fixed route service. Rochester Public Transit (RPT) contracts with First Transit to or contracted service)Agency (Directly operated Provided by the Transit Mode(s) of Service 5307, 5339 TypesList All FTA Funding Paratransit Fixed Route Bus; by This PlanMode(s) of Service Covered Location Safety ManagerTabitha Miller, First Transit Officer or SMS ExecutiveName of Chief Safety Physical Development ManagerIa Xiong, Accountable ExecutiveName and Title of 55906 Rochester, MN4300 East River Road NE, Transit Agency Address Rochester Public TransitCity of Rochester/ Transit Agency Name Transit Agency Information 1.October 2020 Agency Safety Plan Rochester Public Transportation Page3 | 4 | 204 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB?this?of?end?the?at?Signature??10/19/20.?on?meeting?Council?City?Rochester?at?Adopted10/19/20/20 2 11/1 regular scheduled Quarterly meeting awill review changes with staff at ManagerTransit Operations approval. The Chief Safety Officer and the ’s Executive will recommend and seek Rochester City Councilsubmitted to the Accountable Executive for review and approval any changes. The Accountable the RPT Chief Safety Officer and Transit Operations Manager by July 1st of each year. Updates will be Agency Safety Plan and its safety performance targets will be jointly reviewed and updated by ’s TRP Annual Review and Update of the Public Transportation Agency Safety Plan New Document 1 Date Issued Reason for Change AffectedSection/Pages Version Number Version Number and Updates Safety Plan.Public Transportation Transit Administration’s Public Transportation Safety Program and the National The Agency Safety Plan addresses all applicable requirements and standards as set forth in the Federal Date of Approval City Council CouncilApproval by the City Date of Signature of Accountable Executive Signature Accountable ExecutiveSignature by the City of Rochester Public Transit Drafted This Plan Name of Agency That 2.Plan Development, Approval and Updates October 2020 Agency Safety Plan Rochester Public Transportation Page 5 | 205 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 11/13/2011/13/20 GovernmentsRochester Olmstead Council of Date Targets Transmitted Organization NameMetropolitan Planning Planning Organizationto the Metropolitan Targets Transmitted TransportationMinnesota Department of Date Targets Transmitted State Entity Name the Target Transmitted to ROCOG safety performance targets upon request. are available to coordinate with MNDOT and the ROCOG in the selection of MNDOT and adopted Safety Plan to Minnesota Department of Transportation (MNDOT). RPT personnel ’s Accountable Executive also provides a copy of our formally Rochester City Council. RPTOlmsted Council of Governments (ROCOG) each year after its formal adoption by the Rochester ’s safety performance targets with the RPT’s Accountable Executive shares RPT Safety Performance Target Coordination 36,900 0 0 0 0 0 0 ParatransitADA/ 73,291 5680. 1 1 0 0 Route BusFixed failures)(VRM/ Reliability System thousand (per 100 Events Safety (total)Events Safety VRM)thousand (per 100 Injuries (total)Injuries thousand (per 100 Fatalities (total)Fatalities ecTransit Mode of Targets below are based on review of the previous 5 years of RPT’s safety performance data. Safety Performance Targets 3.Safety Performance Targets October 2020 Agency Safety Plan Rochester Public Transportation Page 6 | 206 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB property, or the environment.Be aware of any hazardous condition or practice that may cause injury to people, damage to o Prevent injury to myself and others.·The BeSafe Principles include: from working safely and what would be required to perform the task safely. been trained and encouraged to stop work and immediately advise management of issues preventing them The employee has If an employee feels they cannot perform a task safely, they don’t perform the task.practice. Together a safe work environment is created, free from injury to each other and our passengers. and on our vehicles. All First Transit employees are expected to adopt these principles and put them into provide the basic truths and fundamentals about working safely in our workplace BeSafe Principles The employee must wear while on duty. issued to each employee and sized to fit in the safety lanyard or vest, which each , is BeSafe Handbook To ensure that each employee understands and performs their job functions in the BeSafe manner, the First Transit policies or guidelines, or any alleged violations of federal, state or local laws. because of his or her good faith reporting of a safety issue/concern, another person’s suspected violation of RPT and/or First Transit will not retaliate against nor impose any other form of retribution on any employee report. is filed, it is investigated, which includes follow-up with the reporting employee regarding the resolution of the miss, route and security hazards, or any unsafe condition. When a report about a safety or security concern related issues. As part of this process, employees of all levels are encouraged to initiate reports of any near collisions and injuries by increasing the communications between employees and managers about safety . The main purpose of BeSafe is to reduce “BeSafe”First Transit employs a company-wide safety concept, message. First Transit has submitted a separate Agency Safety Plan. Transit. As such First Transit safety literature may be referenced when appropriate to provide a clear workforce are employees of First Transit and therefore receive training, guidance and discipline from First RPT’s RPT contracts with First Transit to operate service and maintain vehicles. The vast majority of use a product, unless it can be done safely. RPT and First Transit will not perform any service, nor transport or other employees and the public. All employees are required to perform their duties safely and with concern for the safety of our passengers, conducive to safe practices and policies. committed to providing a safe workplace, the proper training, protective equipment, and a work environment profitability. Prevention of collisions and personal injuries is of critical importance to everyone. We are Safety is the highest priority to RPT. We believe that working safely promotes quality, productivity, and Safety Management Policy Statement 4.Safety Management Policy October 2020 Agency Safety Plan Rochester Public Transportation Page 7 | 207 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB receive a copy in their employee mailbox the posting of the Safety Management Policy Statement being posted, all First Transit Employees will email of not just the Safety Management Policy Statement but the entire Agency Safety Plan. In addition to viewing access and pass by on a daily basis. City of Rochester (COR) employees with RPT will receive an conspicuous location at the Public Works Transit Operations Center where many employees will have Safety Management Policy Statement will be placed adjacent to other safety documents in a RPT’s Safety Management Policy Communication Appendix A. The official policy that reflects First Transit’s commitment to safety is included as Note suggestions made and discuss with management.o Tell management of any suggestions to prevent injuries in the workplace·Seek help immediately and first aid (if necessary).o Report all injuries, incidents and near misses to management.·Get help with any heavy or awkward items and follow the correct lifting techniques.o Assess any load and capability to move it before lifting.·safety feature.Never modify any equipment that changes the designed use of the equipment or alters a o Only adjust and repair any piece of work equipment trained on and authorized to do so.·Check that they are in good condition before use and use them safely.o Use only the correct tools and equipment authorized and trained to use for the job.·damaged or unfit for use.Keep PPE in good working order, wear it correctly and ask for a replacement if it becomes o Wear protective clothing and equipment (PPE) as required.·energy.Untidy areas could cause injury to the employee or their colleagues and waste time and o Keep work area clean and tidy at all times.·If these are not understood, speak to management before work begins.o Follow all safety procedures, signs and instructions.·assessments. work is started if unsure of the required safety and risk before Speak to management o performed before any work begins.Perform all necessary safety checks and risk assessments of the work area and job to be·Use the BeSafe Handbook to record and report.o October 2020 Agency Safety Plan Rochester Public Transportation Page 8 | 208 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB operation of RPT’s SMS under this plan.authorities and responsibilities for day-to-day SMS implementation and activities. First Transit’s Resident Management Team also have other RPT personnel who conduct and oversee Safety Assurance•Provides Safety Risk Management (SRM) expertise and support for•Ensures RPT policies are consistent with RPT’s safety objectives.plans for approval by the Accountable Executive.T's SMS and develops action•Identifies substandard performance in RP•Advises the Accountable Executive on SMS progress and status.committee meetings.incidents, and accidents; and maintains and distributes minutes ofSafety Event Log to monitor and analyze trends in hazards, occurrences,committee; Establishes and maintains RPT’s Safety Risk Register and•Chairs the Safety Committee and coordinates the activities of the•Manages RPT’s ESRP.RPT's SMS.-to-day implementation and operation of•Ensures and oversees day accountabilities, and responsibilities under this plan: authorities, RPT’s Chief Safety Officer. The Chief Safety Officer has the following The Accountable Executive designates First Transit’s Safety Manager as Location Safety Manager (First Transit) –Tabitha Miller Executive Chief Safety Officer or SMS Management Plan.•Maintains responsibility for carrying out the agency's Transit Asset•Assumes ultimate responsibility for carrying out RPT's ASP and SMS.SMS.RPT’s s taken to address substandard performance in •Ensures action i•Ensures that RPT's SMS is effectively implemented.report. •Designates an adequately trained Chief Safety Officer who is a direct and maintain the ASP and SMS.tal resources needed to develop•Controls and directs human and capi responsibilities under this plan: Executive with the following authorities, accountabilities, and The Physical Development Manager serves as RPT’s Accountable Physical Development Manager –Ia Xiong Accountable Executive Authorities, Accountabilities, and Responsibilities October 2020 Agency Safety Plan Rochester Public Transportation Page 209 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Reporting Options that no retaliation occurs because of a reported safety related issue. Managers are charged with assuring that they and their staff comply with the whistleblower protections and is subject to discipline and/or termination. worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint In other words, employees are protected for speaking up in good faith under this Policy. Any manager, or co- regardless of the outcome of the complaint.who cooperates in any investigation of such report, is strictly prohibited and is not tolerated, Retaliation against anyone who, in good faith, reports observations of unsafe or illegal activities; or . Compliance@firstgroup.com(1.877.322.5534); contacting the Hotline intake site at ethicsfirst.ethicspoint.com; or emailing complaint by calling the confidential Ethics and Compliance Toll-free Hotline at 1.877.3CALLFG, Manager or Human Resources Manager. First Transit employees may also directly file a written or verbal manager, or for COR employees the Safety Administrator and for First Transit employees the Region Safety concern, or they are not comfortable reporting to their immediate manager, they can report it to the next level However, where the matter is more serious, or the employee feels that management has not addressed the encouraged to discuss the situation with management or report it in writing. employees are not comfortable discussing these unsafe conditions with fellow employees, they are Employees are expected to tell others when witnessing unsafe work practices or conditions. When policies and procedures, the laws, rules, and regulations that govern our business operations. up and raise questions and concerns promptly about any situation that may violate our safety protocols, RPT is committed to conducting business with honesty and integrity. Employees are encouraged to speak Employee Safety Reporting Program hazards reported will be jointly evaluated.when any safety Safety Committee These meetings also function as the numerous topics from route schedule planning to equipment orders. Resident Management Team and City of Rochester staff that address A bimonthly meeting between First Transit’s Senior Staff Meeting : issues and events. Maintenance Manager to help address reoccuring safety and operations General Manager, Location Assistant Manager, and Location Location the Comprises of First Transit Resident Management Team : Transit Operations Specialist·and procedures. s ASP and SMS policies ’ Transit Grants Specialist : Develops RPT· Transit and Parking Assistant · Marketing and Outreach Coordinator · City of Rochester StaffKey Staff and Activities October 2020 Agency Safety Plan Rochester Public Transportation Page9 | 210 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB consistent manner. Relative to conduct of a serious nature, the City reserves the right to take action COR generally adopts the principles of progressive discipline to promote corrective action in a fair and Possible Disciplinary Actions the scope of employment. 4. Careless, negligent, inefficient or incompetent behavior regarding safety occurring during 3. Dishonesty, including falsification of safety reports or documents prepared on behalf of the City. his or her City employment. he employee’s ability to competently perform or adversely affects t2. Conviction of any criminal offense committed outside of the scope of employment, but which interferes with 1. Willful violation of a safety rule or practice. all inclusive, constitute a sufficient basis for disciplinary action: COR deems the following behaviors or actions, which are only listed as examples and are not intended to be Grounds for Disciplinary Action The following apply to employees of COR. consistent with applicable law. received in any vehicle immediately if possible, but no later than prior to their next scheduled work shift, Driving While Intoxicated (DWI) related charges, vehicular collisions, and any moving violation citations Operators and safety sensitive employees are required to report all Driving Under the Influence (DUI) or applicable law. and/or property, such events may result in disciplinary or other appropriate action to the extent permitted by judgment, present a potential risk to the safety and/or security of our customers, employees, premises work shift, to the extent permitted by applicable law. If the circumstances and the offense charged, in our their immediate manager or Human Resources immediately, but no later than prior to the next scheduled Employees of both COR and First Transit are required to report any arrests, indictments or convictions to Duty to Report Law Enforcement Actions that could lead to serious harm, are subjected to the disciplinary process describe later in this section. Submitting an inaccurate or incomplete report · Failure to procure necessary information for an accident report or · Failure to report a safety hazard · Failure to report defective equipment ·Employees that fail to report mandatory items, such as: in-action is egregious, disciplinary action is not warranted. Unless the employee’s action or measures to mitigate those risks. areas where risk of injury to personnel or customers, or destruction of property may exist; and develop encouraged, and in many instances required, of all employees. The primary goal is to be able to identify At COR and First Transit reporting unsafe practices, policy violations, violations of the law, etc. is October 2020 Agency Safety Plan Rochester Public Transportation Page10 | 211 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Dischargeable Offenses, the most serious and unacceptable behavior – Class 1 ·disciplinary action are categorized into four categories; First Transit uses a tiered approach to determine possible disciplinary actions. Infractions that lead to The following apply to employees of First Transit. by state or federal law. F. Exceptions: This policy does not apply to a city employee whose discipline is determined exclusively be provided to the employee. lead to disciplinary action. In these situations and as determined by HR, a Tennessen Warning may other investigators, may meet with an employee for the purpose of gathering information that could employment, the supervisor shall consult with the Human Resource Department. Supervisors, or process. Prior to taking any disciplinary action for suspensions, demotions, or termination of City Administrator and Human Resource Director who will select the investigator and ensure a timely serious allegation which may result in a suspension or termination, approval must be obtained by the probationary period for un-satisfactory performance. If an investigation \[2\] is warranted due to a applicable law. The City also reserves the right to terminate an employee at any time during the rights provided by the Home Rule Charter, Civil Service rules, collective bargaining agreement or applicable laws. An employee may have pre-termination hearing rights and post termination appeal Termination occurs by written notice in compliance with the Home Rule Charter and any other E. Termination: An employee may be permanently dismissed from employment with the City. be adjusted to be commensurate with the wage rate of the new position. classification in which the employee is qualified. If an employee is demoted, his or her wage rate will D. Demotion: This action removes an employee from his or her current position and into a lower job Human Resources, will determine the period of suspension. from the workplace, with-out pay, for a specified period of time. The supervisor, in consultation with C. Suspension: A suspension is a form of disciplinary action which results in removing an employee violation of work rules/policies. describes specific disciplinary infractions, such as inappropriate conduct, poor performance or performance or other violations of City policies and/or practices. As noted above, this notification B. Reprimand: A reprimand is written notification given to the employee regarding unsatisfactory copy placed in the employee’s personnel file. be documented in written form. Coaching documentation shall be provided to the employee with a A. Corrective Coaching: When corrective coaching is conducted solely for disciplinary purposes, it must Safety Accountability/Enforcement Program adopted 4/11/2017 reserves the right to deviate from the process and skip any or all degrees of discipline at its discretion. guarantee that one step must precede another step when addressing issues. As previously stated, the City order of increasing formality and severity. These disciplinary steps do not prescribe an order of issuance or without creating a precedent for other future cases. The following progressive disciplinary steps are listed in in different disciplinary actions. The City retains the right to treat each disciplinary action independently the City recognizes that situations appearing similar in scope may have extenuating circumstances resulting commensurate with the offense which may or may not align with the progressive disciplinary steps. Further, October 2020 Agency Safety Plan Rochester Public Transportation Page11 | 212 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Reporting for work in an unfit condition ·absences unless otherwise permitted by law Excessive absenteeism, tardiness, starting work late after on the clock, or a pattern of unexcused · Stopping work prior to the end of any shift without management’s permission · Exchanging work assignments (trade) without proper authority · Abusing or misusing sick leave ·include: considered to be serious violations of the First Transit performance code Class 2 Infractions Examples of Failure to Follow Sleeping Passenger Rules · Leaving Bus or Passengers · Failure to Return to Work · Destruction of Property · Sleeping on the Job · Security · Insubordination · Harassment · Violence / Fighting / Threats · Unauthorized Use or Removal of Company / Client Property or Vehicle · Stealing/Theft · Dishonesty · Violation of the Drug & Alcohol Policy · Entering a railroad crossing when the lights are flashing o Running a red light or stop sign o Colliding into the rear of another vehicle or stationary object o Striking a pedestrian o Cell phone use while operating a company vehicle o Failure to properly secure mobility devices o Those include but are not limited to: Safety; some offenses are of such a serious nature that termination is appropriate for the first offense. · Convictions and imprisonment for such offenses as DUI, DWI, child abuse, etc. · include: Class 1 Dischargeable Offenses Examples of depending on the circumstances or repeated violations Lesser violations of the First Transit performance code that may result in disciplinary action – Class 4 · Secondary violations of the First Transit performance code – Class 3 · Serious violations of the First Transit performance code – Class 2 ·October 2020 Agency Safety Plan Rochester Public Transportation Page12 | 213 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB required endorsements and a medical certificate while driving a Company vehicle session a valid, appropriate driver’s license with Failure of any Operator to have in his or her pos· Use of a Company-owned radio or cell phone for non-Company business during working time · Failure to adhere to the Company Reverse Parking policy for Company vehicles and personal vehicles · Posting, circulating or distributing written or printed material during working times and in working areas · Failure to report law enforcement actions o incomplete report Failure to procure necessary information for an accident report or submitting an inaccurate or o Failure to report a safety hazard o Failure to report defective equipment o Mandatory Reporting failure including: ·code, include: , considered to be secondary violations of the First Transit performance Class 3 Infractions Examples of or restricted areas without proper authority Attempting to enter, entering or assisting any person to enter, or attempt to enter a Company location · Transport of unauthorized persons · Failure to wait for connections or passing up passengers ·certificate for driving a Company vehicle and a medical renew and maintain a valid, appropriate driver’s license with required endorsements Failure of any Operator, Safety Sensitive Employee or employee required to be licensed for driving, to · Failure to operate a Company vehicle according to assigned route or timetable ·Company Working more than an employee’s regularly scheduled hours without advance approval of the · Failure to comply with the Risk Assessment policy ·regulations of Local, State, or Federal governments Failure to observe safety, sanitation, or disciplinary policies of the client or Company, or laws and · Violation of vehicle operating regulations · Failure to wear Company Assigned Shoe Grips when directed to do so · Failure to wear Safety Glasses in compliance with PPE directives ·Uniform Shirt according to Company policies Failure to wear a High Visibility Safety Vest, Reflective Safety Vest, or Company issued High Visibility · Failure to comply with PPE directives · Discourteous or inappropriate attitude or behavior toward passengers or other members of the public · Failing to obtain permission to leave work during normal working hours ·October 2020 Agency Safety Plan Rochester Public Transportation Page13 | 214 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB violation or preventable accident. Additionally, First Transit may use the following criteria to determine discipline specific to any type of traffic *Within 12 months of first offense, 36 months for safety describes how disciplinary actions are applied. occurring in the relevant time period, is reviewed before determining penalty. The chart below Whenever an employee is subject to discipline, the employee’s work record, including violations Transit may exercise discretion to utilize forms of discipline that are less severe than termination. in accordance with applicable law, without following any formal system of discipline or warning, First Although employment may be terminated at-will by either the employee or First Transit at any time Applying Disciplinary Actions Failure to read notices and bulletins and not making an effort to stay informed · Littering the employee lounge area, restrooms, or any other company property · Failure to inform First Transit of changes in status of dependents for insurance coverage · Failure to provide First Transit with a current address or telephone number · Incompetence or failure to meet reasonable standards of efficiency or effectiveness · Neglect of job duties and responsibilities, or lack of application or effort on the job · Parking a personal vehicle in a restricted area at a Company location ·or uniform, or improperly displaying uniform articles, Company emblem, or authorized pins and badges Reporting for duty in an improper uniform, presenting an untidy, unkempt or dirty appearance of person ·grooming habits, or other requirements established by the client or Company Failure to comply with the dress code, uniform policy, cleanliness, personal hygiene, personal ·that may result in disciplinary action depending on the circumstances or repeated violations, include: , considered to be lesser violations of the First Transit performance code Class 4 Infractions Examples of October 2020 Agency Safety Plan Rochester Public Transportation Page14 | 215 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB First Transit Employee Handbook.may be taken are described in more detail in the Details of First Transit’s reporting requirements, infractions of company policy, and disciplinary actions that October 2020 Agency Safety Plan Rochester Public Transportation Page15 | 216 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB hierarchy of controls model (as shown below): To mitigate the hazards that exist in the workplace, the City of Rochester will follow the minimize or eliminate the hazard. engineering controls, operating procedures, training or personal protective equipment can be provided to Workplace hazards identified through any of the methods described above will be analyzed to determine if 4. Solicit employee input on safety hazards that exist in their work environment. existing workplace hazards. 3. Review Injury/Illness Reports, Accident Reports, OSHA 300A Reports, and safety statistics to assess ensure safe working conditions. 2. Routinely conduct inspections of equipment, facilities and operations (both indoors and outdoors) to consultant. assistance of the City’s safety by supervisors with the 1. Work toward developing job hazard analysis for potentially hazardous job tasks within the City, as identified workplace, the City of Rochester will: implementing effective mitigation techniques. To identify potential and/or actual hazards that exist in the their jobs in a safe manner, which includes identifying safety risks and participating in developing and Safety management is at the core of everything done at RPT. All employees are responsible for performing Safety Risk Management Process Safety Risk Management 5.October 2020 Agency Safety Plan Rochester Public Transportation Page16 | 217 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB prior to performing any work on a vehicle. Maintenance Risk Assessment Form Vehicle –SOP #503a bus yards or on road calls complete a risk assessment using All employees who perform maintenance and repairs to vehicles within transit centers and o Vehicle Maintenance Risk Assessment · inspections. A training document to educate and train employees to conduct effective safety § A reference guide for conducting safety inspections at a facility, and §could exist, the photos and narrative provide: that may be present at First Transit facilities. Although it does not represent all conditions that This Hazard Recognition Manual is intended to be a tool for recognizing potential hazards o Facility Hazard Recognition Manual –SOP #900 · Positive Check-In procedures are to ensure our operators reporting to work are fit-for-duty. o SOP #804 - Positive Check-In Procedures & Reasonable Suspicion ·protect them from personal injury. our facilities and notify employees of the hazards identified and mitigation measures to help A routine safety and health check walkthrough to promptly identify hazardous conditions at o SOP #802 and #802a - Daily Safety & Health Walkthrough and Checklist ·Several tools exist for hazard identification. Among them are: Audit for Compliance · Secure Outside Assistance (when needed) · Modify the Process · Monitor the Process · Measure Performance Against Safety Objectives · Implement Action Plan · Develop and Recommend an Action Plan · Identify Critical Factors in Mitigation of safety risk ·the location safety personnel and through a structured process, employees help: First Transit relies on employees to assist in the hazard identification and resolution process. Working with to implementing any changes to operations. PRIOR identify hazards and consequences to Safety Validation of Change–SOP #208 First Transit also takes an additional proactive step with its inspection of established prevention processes are routinely performed. accident causation based on history. Current traffic conditions are periodically analyzed, and management routinely analyzes records from operations and external sources as they become available to identify unsafe condition and determine possible consequences if the unsafe condition is not corrected. First Transit The objective of hazard identification is to identify those conditions that can cause an accident or create an proactively identify hazards and potential consequences before they cause future accidents or incidents. Administration and local oversight authority is used to implement immediate corrective actions and to reporting, customer feedback, maintenance records; and external sources such as the Federal Transit overall delivery of service. Safety Hazard Identification data from internal sources such as employee First Transit’s efforts to reduce safety risks and improve This process is a vital component in COR and Safety Hazard Identification October 2020 Agency Safety Plan Rochester Public Transportation Page17 | 218 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB a. Incentives for Safe Driving 2. Transit Service Characteristics and Agency Policies c. Visibility b. Road Surface Condition a. Weather 1. Environment There are five (5) main areas reviewed in this Hazard Identification process: mitigation measures to reduce the risk of a recurrence. determine which, if any hazards existed that may have contributed to the accident or incident and develop Although this information is used proactively, First Transit takes advantage of these opportunities to Procedures exist and are followed regarding resolution of accidents and incidents and capturing data. Accident/Incident Hazard Identification assessment. are tools to help with this Facility Parking Risk Assessment Form–SOP #501b §, and Facility Parking Risk Assessment Guide–SOP #501a § Before operating out of the new location. – Start-up locations §in the bus yard or on company premises Whenever a significant vehicle collision or a pedestrian strike occurs – Unscheduled § Annually § The risk of each facility is assessed as follows: o The Location Manager must ensure compliance with all provisions of this SOP. o identify and prevent these types of collisions for both buses and personal vehicles. will help SOP #501 - Facility Parking Risk Assessment employee injury in parking areas. Inadequate turning areas, blind corners, uneven walking surfaces can all cause collisions or o Facility Parking Risk Management Assessment §6. Is the noise level excessive (below 85-dba)? 5. Are tools associated with the job in good condition? 4. Are there electrical hazards associated with the job? 3. Are there explosive hazards associated with the job? 2. Is the lighting adequate for work conditions? 1. Are there tripping hazards in the job vicinity? include: conducted to evaluate the general conditions. A few of the potential hazards being considered , under which the job is performed is Pre-Survey Job Hazard Analysis Form–#503b SOP Prior to beginning a job hazard analysis, a pre-survey of the working conditions, using o Pre-Survey Job Hazard Analysis · contact their manager.If the answer is “NO” to any of the above assessments the technician is to immediately o Are You Aware of the Potential Risks of Performing this Repair? § Have You Performed the Proper Lock-Out/Tag-Out (LOTO) procedures? § Are You Wearing the Appropriate Personal Protective Equipment (PPE)? § If Task Requires Lifting, Are Lifts Secured, Are Jack Stands Used Correctly? § Are You Properly Trained to Perform the Task? §The assessment includes determining the following. training, skills, knowledge, abilities, tools, and equipment to safely perform the task at hand. requires employees about to perform a maintenance task to confirm they possess the Vehicle Maintenance Risk Assessment –SOP #503 The Risk Assessment process, o October 2020 Agency Safety Plan Rochester Public Transportation Page18 | 219 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB hazards pose an equal amount of risk to personal safety. categorization of hazards is consistent with risk-based criteria for severity; it reflects the principle that not all Once the hazard has been identified, they are categorized into the following severity levels. The Safety Risk Assessment underlying causes. Information learned from this identification process is used to improve training and reduce or eliminate the Collective Bargaining Agreements. measures in accordance with the provisions of the Employee Handbook and applicable improve those identified behaviors through coaching, retraining and, if necessary, disciplinary The goal of this in-cab camera technology is to proactively identify unsafe behaviors and o and company trends. driving behaviors by providing opportunities to view recorded driving events, driver history This technology is a valuable resource and another tool that helps First Transit instill positive o company or customer vehicle equipped with onboard video technology. system and Company standards that all First Transit employees must follow when operating a provides a summary of the on-board video On-Board Video Technology–SOP #704 o On-Board Video Technology § “known condition”3rd: When the Hazard cannot be removed, Train for the Hazard as a 2nd: Remove the Hazard 1st: Identify the Hazard Accident Prevention/Resolution –5. Hazard Identification i. Pedestrian Volume h. Street Lighting g. Adjacent Lane Use f. Parking e. Capacity d. Traffic Volume c. Geometric Design b. Speed Limit a. Width 4. Road Layout e. Physical Condition d. Psychological Condition c. Personality b. Physical Ability a. Experience 3. Operator f. Passenger Demand Schedules e. Driver Scheduling d. Route Design c. Stop Intervals b. Equipment Maintenance Policies October 2020 Agency Safety Plan Rochester Public Transportation Page19 | 220 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Category 4 Severity Category 3 Severity Category 2 Severity Category 1 everity SFrequency Hazard operations) to reduce the hazard to an acceptable level. understand the amount of risk involved in accepting the hazard in relation to the cost (schedule, cost, Identified hazards are placed into the following Risk Assessment Matrix to enable the decision makers to possible Unlikely to occur but experienced may not be assumed occurrence So unlikely, it can be Improbable expected to occur Unlikely but can be occur in life of an item Unlikely but possible to Remote in the system Will occur several times an item sometime in the life of Likely to occur Occasional the system Will occur frequently in item times in the life of the Will occur several Probable experienced Continuously frequently Likely to occur Frequent for Fleet or Inventory Selected Frequency Specific Item Frequency for Occurrence of Likelihood of LevelDescription of Occurrence of a Hazard Likelihood systems. The following chart describes the likelihood of occurrence categories. data, the analysis of reliability and failure data, and/or from historical safety data from other passenger bus is determined based on the analysis of transit system operating experience, evaluation of First Transit safety The next step in assessing the hazard is to determine the likelihood of it occurring. Likelihood of occurrence or procedural deficiencies will result in less than minor injury, occupational illness, or system damage. operating conditions are such that human error, subsystem, or component failure Negligible: –Category 4 counteracted or controlled. illness or system damage and are such that human error, subsystem or component failures can be operating conditions are such that they may result in minor injury, occupational Marginal: –Category 3 require immediate corrective action. procedural deficiencies may cause severe injury, severe occupational illness, or major system damage and operating conditions are such that human error, subsystem or component failure, or Critical: –Category 2 require immediate termination of the unsafe activity or operation. subsystem or component failure, or procedural deficiencies may cause death or major system loss and operating conditions are such that human error, design deficiencies, element, Catastrophic:–Category 1 October 2020 Agency Safety Plan Rochester Public Transportation Page20 | 221 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB installation of safety devices or development of special procedures. 1. Identify areas where mitigation of safety risk requires a change in the system design, objectives of the mitigation of safety risk process are to: eliminated completely. Resolution of hazards will utilize the results of the risk assessment process. The Mitigation of safety risk consists of reducing the risk to the lowest practical level. Not all safety risks can be Mitigation of safety risk and does not require further mitigation or control. The hazard does not need to be reviewed by the management team Acceptable without review: ·determine if the hazard is adequately controlled or mitigated as is. The Location General Manager and Location Safety Manager must Acceptable with review: ·available for full mitigation. and Location Safety Manager issue a documented decision to manage the hazard until resources are A hazard at this level of risk must be mitigated unless the Location General Manager Undesirable: ·acceptable level while the permanent resolution is in development. service may resume. Interim corrective action may be required to mitigate the hazard to an The hazard must be mitigated in the most expedient manner possible before normal Unacceptable: ·After the assessment has been completed, the follow-up actions will be implemented as follows. Mitigation Determination Safety Risk Mitigation Acceptable without Management Review 4C, 4D, 4E Acceptable with Management Review 1E, 2E, 3D, 3E, 4A, 4B Undesirable (Management decision) 1D, 2C, 2D, 3B, 3C Unacceptable 1A, 1B, 1C, 2A, 2B, 3A Criteria by Index Hazard Risk Index determinations regarding risk acceptance. Based on company policy and the analysis of historical data, First Transit has made the following 4E 3E 2E 1E Improbable (E) 4D 3D 2D 1D Remote (D) 4C 3C 2C 1C Occasional (C) 4B 3B 2B 1B Probable (B) 4A 3A 2A 1A Frequent (A) October 2020 Agency Safety Plan Rochester Public Transportation Page21 | 222 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB complex and multifaceted resolutions. Additional documentation, such as corrective action plans, are developed for those hazards requiring of personnel 6. Precautionary notation is standardized, and safety-critical issues require training and certification the use of safety and warning devices, procedures and training are used to control the hazard. 5. Where it is impossible to reasonably eliminate or adequately control a hazard through design or the hazard. identified hazard, safety warning devices are used (to the extent practicable) to alert persons to 4. When design and safety devices cannot reasonably nor effectively eliminate or control an to ensure that system safety objectives are met. 3. Provisions are made for periodic functional checks of safety devices and training for employees safety design features or devices. extent practicable to an acceptable level through the use of fixed, automatic, or other protective 2. Hazards that cannot reasonably be eliminated or controlled through design are controlled to the identified hazards are eliminated or controlled by the design of equipment, systems and facilities 1. Design to eliminate or minimize hazard severity. To the extent permitted by cost and practicality, operations, and hazards are eliminated or controlled: following methodologies to assure that system safety objectives are implemented through design and The SST, who was identified earlier in this plan as the team responsible for local safety review, uses the system. 3. Verify that the resolution of a hazard in one system does not create a new hazard in another 2. Verify that hazards involving interfaces between two or more systems have been resolved. October 2020 Agency Safety Plan Rochester Public Transportation Page22 | 223 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Reporting an event that occurred and could have caused injury. Hazard Reports. o Reporting an event that occurred and could have caused injury. Near Misses. o Contacts (e.g. Near Misses, Hazard reports, Commendation, Safety Issue) ·debrief meetings. Safety Critical Behavior is the main focus of touchpoints; and shared and discussed during o Debrief meetings conducted in order to assure quality. o BeSafe (BeSafe Debriefs, BeSafe Tours, BeSafe Touchpoints) ·The Safety Toolbox includes information regarding: Reviewing findings from BeSafe tours and determine if tasks/actions have been closed out · Reviewing recorded debriefs to ensure that the “BeSafe” process is in place and working. · Understanding and improving observations of safety critical behaviors · to help understand the work area’s safety environment. This includes:The Safety Toolbox is a powerful tool critical data, and track corrective actions as necessary. Supervisors to Executive Management, to record the occurrence of safety-related events, review safety , which is an online tool used by management, from Road “Safety Toolbox”is managed through the The Location Safety Manager manages resolution of identified hazards. The mitigation of safety risk process reevaluation by the Safety Committee. identified non-compliant or ineffective activities, including mitigations, back into the SRM process for by the Chief Safety Officer to determine where action needs to be taken. The Chief Safety Officer enters any Results from the above processes are compared against recent performance trends quarterly and annually Regular vehicle inspections and preventative maintenance. · Daily data gathering and monitoring of data related to the delivery of service, and · Safety review prior to the launch or modification of any facet of service, · Investigation of safety occurrences, · ESRP, · Safety surveys, · Regular review of onboard camera footage to assess drivers and specific incidents, · Informal inspections, · Safety audits, ·approach to safety at each location. Safety Risk Management of this plan, which uses the following methodologies to ensure a proactive corrected but still reported. RPT also establishes a Safety Solutions Team (SST), described in Section 5: Location General Manager and Location Safety Manager. Any risks that can be addressed immediately are responsible for oversight of the daily operations and training. All safety risks identified are reported to the Additionally, First Transit at RPT employs Street Supervisors, Dispatchers, and Instructors; all of whom are and the Location Maintenance Manager who oversee the safety of the operation. This team consists of the Location General Manager, Location Safety Manager, Location Assistant Manager As discussed in Section 1 of this plan, First Transit employs a Resident Management Team at each RPT. Safety Performance Monitoring and Measurement 6. Safety Assurance October 2020 Agency Safety Plan Rochester Public Transportation Page23 | 224 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Describe activities to monitor information reported through internal safety reporting programs. future (SST). non-preventable,(ARC); and identify measures to reduce the risk of the accident/incident occurring in the (SST), review the data collected to determine if the accident/incident was preventable or Solutions Team Safety –SOP #803 (ARC), and Accident Review Committee –SOP #702 The groups described in and managing the scene. also describes the Operators and the Dispatchers responsibilities for protecting the customers SOP #700 Dispatcher on Duty Accident Investigation Responsibility · Operator Responsibility · “Five Cardinal Rules That Apply to an Accident” · Defining the Accident – Accidents · Defining the Event & What to Do ·describes the data collection process including SOP #700-Accident & Safety Data Acquisition The following First Transit SOP is applied. an employee is injured · a passenger is injured or · a vehicle leaves the traveled roadway · a vehicle was damaged ·Investigations include all instances in which: Any injury, collision or incident that occurs is investigated to determine preventability or non-preventability. collisions is our number one goal. . Elimination of preventable injuries and has a “zero” tolerance for preventable injuries and collisions RPT Describe activities to conduct investigations of safety events to identify causal factors. complex and multifaceted resolutions Additional documentation, such as corrective action plans, are developed for those hazards requiring taking through observations, review scores, and skills evaluations. A report of a driver's performance that has indicated a level of risk High interest driver. o A systematic inspection where a location is forewarned. Planned general inspections. o indicated. conducted at nearby intersections, and delivery of positive reinforcement or coaching as Risk assessment or driver observations Intersection observation or risk assessment. o safety meeting. Actively leading or participating in the location in-service Participation in a Safety meeting. o observation) Safety Leadership Activities (e.g. Participate in safety meetings, risk assessment, section ·housekeeping, environment and behavior etc. i.e. maintenance, – A report on any safety issue that has a specific cause Safety issues. o within the business. A report of commendable safety actions/conduct performed by a colleague Commendation. o October 2020 Agency Safety Plan Rochester Public Transportation Page24 | 225 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Spreadsheet. Target & Goal through distributes and measures performance specific location region, and company, Develops locations. distribute to and period data Review Safety Dept. Region distributes to then regionally raw data Reorganizes Dept. Services Safety Shared to the reports weekly from gathered data raw risk Send all CompWorkers Injuries/ Collisions/ DeptServices Safety Shared ManagersSafety Region DeptServices Shared DeptRisk (e.g. Quarterly/Monthly)Period Data Review teleconference. during weekly Leadership Region with Senior Review data calls. conference oversight management weekly distributed for reviewed and reports are Weekly Safety. Region sent to report then weekly created as Collector Party Data from Third Information Location. from received Report fax. phone, website, via Collector Data Party to Third then sent created, report claim Occurs, Incident Comp Workers Injuries/ Collisions/ Location Safety Dept Risk Dept Collected Data Third Party Location Daily Collected Information Weekly Data ReviewRisk/Safety Data Flow operating location, to Region management, to corporate and parent company management. The following chart describes how the hazard data flows and is monitored by First Transit; from each investigate to determine the root cause. When accident/incident reports and statistics indicate repetitive accidents/incidents, the LSM and LGM safety and hazard data, which includes searching for repetitive events that might have safety implications. The Location Safety Manager (LSM) and/or Location General Manager (LGM) routinely reviews all location October 2020 Agency Safety Plan Rochester Public Transportation Page25 | 226 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB awareness. safety training, and procedures, policy and review of include Discussions Managers. Safety and Local and Region Operations, Directors of Region Managers, General Location consists of committee This performance. regions safety include Discussions Managers. Safety and Region Operations, Directors of Region Presidents, Region Vice Presidents, Vice Senior Region consists of This review oversight. and program practices, analysis, best trend performance, include safety Discussions Presidents. Safety Vice Directors and Safety Senior consists of committee This oversight. and safety trend analysis, performance, include safety Discussions divisions. operating Safety for all Presidents of consists of Vice This committee oversight. program analysis, trend performance, include safety Discussions group. operating each President of Safety Vice COO, and President, consists of committee This analysis. for trend commentary and creates risk factors; categorizes reports; creates analyzes; data; Processes analysis. for trend companies Group from First commentary and gathers risk factors; categorizes reports; creates analyzes; data; Processes group. business for each of Safety Directors UK and sent to reports Final CompWorkers Injuries/ Collisions/ Committee Advisory Safety (PRM)Management Review Performance CouncilSafety America First Group Safety CouncilFirst Group (ESC)Committee Safety Executive First Group Safety Dept UK DeptServices Shared Period Data Analysis October 2020 Agency Safety Plan Rochester Public Transportation Page26 | 227 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB shared throughout the organization. The Risk/Safety Data Flow Chart previously described in this section, illustrates how this information is established prevention processes are routinely performed. based on history. Current traffic conditions are periodically analyzed, and management inspections of an unsafe condition. First Transit routinely analyzes records from our operation to identify accident causation The objective of hazard identification is to distinguish those conditions that can cause an accident or create and to proactively identify hazards before they cause future accidents or incidents. occurrence. Additionally, safety hazard identification data is used to implement immediate corrective actions Which improvement strategies to implement for longer term issues is based on severity and likelihood of risk used that determine how to proceed with improvement strategies that require more time and resources. Section 5 of this plan, Safety Risk Management, describes the risk assessment and mitigation procedures continues to ensure that the mitigation strategy is effective. reporting of these concerns includes the mitigation steps that have been taken. Monitoring of the risk Risk mitigations that can address the safety concerns immediately are carried out but still reported. The can be mitigated immediately or requires more time and resources. improvement. As safety risk is identified, then reported on, a determination is made as to whether the risk The process described previously in this section for monitoring safety data incorporates continuous Continuous Improvement October 2020 Agency Safety Plan Rochester Public Transportation Page27 | 228 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB concept is described in the following brochure. “BeSafe”The . All employees are trained in the principles of “BeSafe”tours, and touchpoints. recognizing and acknowledging safe behavior and actions through positive reinforcement such as debriefs, is inclusive, collaborative and focuses on ”BeSafe“performance to the next level through behavioral change. is our company-wide approach to safety management. This program takes our safety “BeSafe”this section. , which are described later in “Safe Work Methods” and “BeSafe”Every First Transit employee is trained in offered online via Safe Personnel Training found on the City of Rochester’s intranet.employee’s job responsibilities additional job specific safety training may be provided. Training courses ar confined space, hazard communications, blood borne pathogens, and much more. Depending on the importance of key workplace safety topics such as safety committees, fall protection, protective equipment, All COR employees are required to attend new employee training. New employee training explains the safety of the workplace. Training employees to assess risks and recognize and avoid hazards in the workplace is critical to the overall Employee Training Competencies and Training Safety Promotion 7. October 2020 Agency Safety Plan Rochester Public Transportation Page28 | 229 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 1. Requirements for Operator Training Mobility Device Lifts/Ramps § Cuts, Punctures, Abrasions, Lacerations § Exposed Fluids, Chemicals, Smoke § Burns, Scalds § Pushing, Pulling, & Twisting § Lifting, Carrying, Holding, and Lowering Objects § Walking & Climbing § Risk Assessment and Injury Avoidance o Disposal contaminated materials § Hi-Vis vests § Safety hand wear § Safety footwear § Safety eyewear § PPE program including requirements for appropriate o mobility devices. physical activities such as entering and exiting vehicles, assisting persons with disabilities, and handling and office environments. The program also makes employees aware of injuries that can result from transportation environments including in vehicle maintenance shops, bus yards, fuel islands, wash bays, New hire training is designed to educate the new employee to the hazards commonly found in the New Hire Training · training curriculum includes: Work Methods”Safe The “ and return to work management program, in controlling workers compensation losses F.O.R.M.) light duty ’s First Occupational Rehabilitation Management (4. To supplement First Transit3. In retraining injured workers so that re-occurrences are avoided 2. In leading supervisors in identifying root causes of workplace injuries 1. In training new hire employees actions posing risks to their well-being and that of their coworkers. This training is to be used: is designed to educate employees on how to identify conditions and ”Safe Work Methods“First Transit’s October 2020 Agency Safety Plan Rochester Public Transportation Page29 | 230 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB OSHA (R-T-K / MSDS / PPE Training) · Workplace Violence · Wheel Torque Specifications · SafeWork Methods · DVI Procedures · Maintenance Lift Safety · Shop Safety Handbook · NTI - Security Awareness Warning Signs ·”Smith System“ · Defensive Driving · Substance Abuse Policy · Injury prevention and risk assessment · Introduction to First Transit policies & procedures ·Maintenance training includes: proficiency are provided additional training or are removed from training. tested throughout the training program. Trainees who do not demonstrate the required level of addition to receiving training in driving techniques and safety. Trainees are continually evaluated and Maintenance personnel are trained in shop safety, OSHA standards, and vehicle maintenance, in 2. Requirements for Maintenance Training throughout the entire Behind-the-Wheel training phase. on intersections and service stops. The “Smith Driving System” principles are incorporated advanced stage of the road work addresses roadways, highway driving, and continues the instruction Instructor. The road work begins with the basics; intersections, service stops, and backing. The next During the road phase of the training, each student Operator works one-on-one with a First Transit The next phase of Behind-the-Wheel training takes place on the road, but in a controlled manner. make and learn from their mistakes in a safe environment. Instructors to evaluate the skill levels of each employee; and gives each employee the opportunity to behind-the-wheel training takes place on a closed course. This provides the opportunity for the Operator have not been exposed to driving the types of vehicle used at First Transit, the first part of Behind-the-Wheel training is conducted in three phases. Since most people coming to work as a Bus Behind-the-Wheel Training environment, is a theme integrated throughout.keeping themselves and each passenger safe; and their responsibilities in maintaining a safe the safety culture into each Operator. Helping the student Operators understand the importance of The first part of Operator training at First Transit, classroom training, begins the process of instilling Classroom Training they have learned. Training topics include: sessions, video instruction, facilitated discussion, and opportunities for the trainees to practice what training or are removed from training. The Operator training program combines instructor-led program. Trainees who do not demonstrate the required level of proficiency are provided additional transporting passengers. Trainees are continually evaluated and tested throughout the training Applicants are required to successfully complete a comprehensive training program prior to October 2020 Agency Safety Plan Rochester Public Transportation Page30 | 231 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB recurring section of its staff meeting agendas, and keeps documented minutes of these meetings. As a city Additionally, each department will either form a safety committee(s) that meets regularly, or includes safety as a comprised of representatives of each department who represent both employee and management staff. In accordance with Minnesota Statute § 182.676, the City of Rochester established a City Wide Safety Committee Safety Meetings to improve skill levels in accordance with corporate standards. Where evaluations and observations identify unsafe acts or conditions, retraining is provided daily safety contacts. · ride along evaluations, and · road observations, ·management activities including: The objective of ongoing evaluations is met through a broad spectrum of regularly scheduled First Transit provides ongoing employee training and evaluations. 4. Requirements for Continuing Training and Evaluations CA Only – Hazard Abatement FORM o OSHA Requirements o Customer Service o Code of Conduct o Supervisor’s Report of Reasonable Suspicion o Reasonable Suspicion o Additional Safety Training · Decisions § Performance Management § Conflict Resolution § Building Trust § Communication § The Role of the Supervisor § Supervisor Development o Leadership § Behavior § Accidents § Safety Leadership o The course outline is as follows:found on the Safety Resource Center (SRC), with a passing grade of 90% or better. accidents. Every level of management takes the course and successfully pass an online test, designed to educate all levels of First Transit management on the behaviors surrounding guides which are ROM course consisting of 5 CD’s and leader’s This is an interactive CD- Safety Leadership · “BeSafe” (described in item #1)Staff personnel are trained in Safety Leadership and 3. Requirements for Staff Training October 2020 Agency Safety Plan Rochester Public Transportation Page31 | 232 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB management and communication Engaging executives and managers at all levels, encouraging their active participation in safety · Communicating safety policies, procedures and processes · Encouraging all employees to “take ownership” for safety results · Generating system-wide participation in safety issues through positive reinforcement ·This program inspires safe behavior among employees at all levels by; incorporating behavioral change as a mitigation measure. commitment to safety, with the objective of continuous improvement by making safety a personal goal and fety to a more personal level. It is a company-wide “BeSafe” takes sa inspiring safe job performance at all levels. program provides the structure and foundation for communicating safety messages and “BeSafe” First Transit’s emails in order to update staff on a variety of topics including safety related information. to promote a safe workplace. COR routinely sends companywide follows its “AWAIR” program in order COR performing safely. plan. This is done, in part, by providing a regular flow of positive information and recognizing those who are safety Establishing and maintaining a culture that demands safe behavior at all times is at the core of RPT Safety Awareness Programs Safety Communication completion of the investigation and completion of any required retraining. A First Transit employee involved in a preventable injury or collision is placed on administrative leave pending injuries and collisions is our number one goal. collisions, elimination of preventable First Transit has a “zero” tolerance for preventable injuries and COR and Retraining Failure to attend all meetings will result in disciplinary actions up to and including termination. o(Unless stated otherwise in the CBA.)staff, and Maintenance personnel. Attendance is a condition of employment and is mandatory for all Operators, Management, Operational ·presentation to all employees A required topic along with a safety campaign including posters and DVD is sent to each location for ·local regulations Each meeting is to be a minimum of one (1) hour in length unless otherwise required by state, client or ·annually with required topics identified by the location and region safety management In addition to COR safety meeting First Transit has Twelve (12) safety meetings are issued to the locations above. department, RPT’s senior staff meetings serves as the Safety Committee as noted in the Key Staff and Activities October 2020 Agency Safety Plan Rochester Public Transportation Page32 | 233 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Safety & Security Planning Manual · First Transit Shop Safety Handbook ·807; #807a; #807b; #807c Emergency Action Plan SOP’s # · SOP # 508 - Service Truck & Service Vehicle Visibility · SOP #507 - Pedestrian Visibility and Movement on Company Property · Vehicle Fueling Spill Control SOP’s #506; #506a; #506b; #506c; #506d · Snow Removal Action Plan SOP’s #505; #505a; #505b; #505c – Winter Safety ·#504a; #504b; #504c; #504d Fire Prevention Plan SOP’s #504; · Sub-Contractors Working on Company Property – SOP #502 · SOP #207 - Railroad Crossing Assessment · High Interest Driver SOP’s #206; #206a; #206b; #206c · ome of those SOP’s are as follows.ready mentioned throughout this ASP, s In addition to the SOP’s al service. and provide easily duplicated processes for identifying and mitigating the risks associated with providing transit The SOP’s have been designed to create operational consistency, increase awareness of risks and hazards, developed and incorporated into the operating practices at each First Transit location. , in addition to those mentioned in this plan, have been Numerous standard operating procedures (SOP’s) other Federal or oversight entity upon request. processes and activities will be maintained for three years after creation. They will be available to the FTA or of this SMS; the programs, policies, and procedures used to carry out this ASP; and the results from its SMS This ASP may be updated if a new contracted operator is hired. Documentation related to the implementation 8. Additional Information October 2020 Agency Safety Plan Rochester Public Transportation Page33 | 234 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB measure, to be achieved within a time period required by the Federal Transit Administration (FTA). means a quantifiable level of performance or condition, expressed as a value for the Performance target that is used to establish targets and to assess progress toward meeting the established targets. means an expression based on a quantifiable indicator of performance or condition Performance measure U.S.C. 5302(14). of a public transportation system means a provider of public transportation as defined under 49 Operator stock, or infrastructure does not disrupt the operations of a transit agency. means an Event without any personal injury in which any damage to facilities, equipment, rolling Occurrence systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. means the plan to improve the safety of all public transportation National Public Transportation Safety Plan hazard, for the purpose of preventing recurrence and mitigating risk. means the process of determining the causal and contributing factors of an accident, incident, or Investigation that disrupts the operations of a transit agency. or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure means an event that involves any of the following: A personal injury that is not a serious injury; one Incident public transportation system; or damage to the environment. cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a means any Accident, Incident, or Occurrence. Hazard means any real or potential condition that can Event approve a recipient or subrecipient's Public Transportation Agency Safety Plan. recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and means an entity that carries out duties similar to that of a Board of Directors, for a Equivalent Authority with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance agency's Transit Asset Management Plan; and control or direction over the human and capital resources Public Transportation Agency Safety Plan of a public transportation agency; responsibility for carrying out the means a single, identifiable person who has ultimate responsibility for carrying out the Accountable Executive any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. person; a collision of public transportation vehicles; a runaway train; an evacuation for life safety reasons; or means an Event that involves any of the following: A loss of life; a report of a serious injury to a Accident 9. Definitions of Terms Used in the Safety Plan October 2020 Agency Safety Plan Rochester Public Transportation Page34 | 235 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Guam, American Samoa, and the Virgin Islands. means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, State rail fixed guideway public transportation system. 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles in peak revenue service and does not operate a means a recipient or subrecipient of Federal financial assistance under Small public transportation provider percent of the body surface. or third-degree burns, or any burns affecting more than 5 Involves any internal organ; or (5) Involves second-fractures of fingers, toes, or noses); (3) Causes severe hemorrhages, nerve, muscle, or tendon damage; (4) within 7 days from the date of the injury was received; (2) Results in a fracture of any bone (except simple means any injury which: (1) Requires hospitalization for more than 48 hours, commencing Serious injury for identifying hazards and analyzing, assessing, and mitigating safety risk. means a process within a transit agency's Public Transportation Agency Safety Plan Safety Risk Management significance or value of its safety risks. activity whereby a transit agency determines Safety Risk Management priorities by establishing the as applied to the transit agency's public transportation system. Safety risk assessment (SRA) means the formal means a combination of training and communication of safety information to support SMS Safety Promotion target means a Performance Target related to safety management activities. Safety performance means a Chief Safety Officer or an equivalent. Safety Management System (SMS) Executive procedures, practices, and policies for managing risks and hazards. safety risk and assuring the effectiveness of a transit agency's safety risk mitigation. SMS includes systematic ormal, top-down, organization-wide approach to managing means the f Safety Management System (SMS)safety. transit agency's safety objectives and the accountabilities and responsibilities of its employees in regard to means a transit agency's documented commitment to safety, which defines the Safety Management Policy means any Accident, Incident, or Occurrence. Safety Event meets or exceeds its safety objectives through the collection, analysis, and assessment of information. ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the transit agency means processes within a transit agency's Safety Management System that functions to Safety Assurance means a method or methods to eliminate or reduce the effects of hazards. Risk mitigation means the composite of predicted severity and likelihood of the potential effect of a hazard. Risk transit agency that is required by 49 U.S.C. 5329 and this part. means the documented comprehensive agency safety plan for a Public Transportation Agency Safety Plan October 2020 Agency Safety Plan Rochester Public Transportation Page35 | 236 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625. effective, and reliable public roviding safe, cost-and costs over their life cycles, for the purpose of pinspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, means the strategic and systematic practice of procuring, operating, Transit Asset Management Plan means an operator of a public transportation system. Transit agency performance. means the condition in which a capital asset is able to operate at a full level of State of good repair October 2020 Agency Safety Plan Rochester Public Transportation Page36 | 237 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Vice President United Kingdom Safety Solutions Team SST Safety Risk Management SRM Safety Resource Center SRC Standard Operating Procedure SOP Safety Management System SMS Safety Management Policy Statement SMPS )First Transit(Both City of Rochester and Rochester Public Transit RPT Rochester Olmsted Council of Governments ROCOG Public Transportation Agency Safety Plan PTASP Performance Review Management PRM Personal Protective Equipment PPE Occupational Safety & Health Administration OSHA Operations OPS Maintenance MNT Minnesota Department of Transportation MNDOT Location Safety Manager LSM Out-Out/Tag-Lock LOTO General Manager LGM Human Resources Federal Transit Administration FTA First Occupational Rehabilitation Management F.O.R.M. Group AmericaFirst FGA Employee Safety Reporting Program ESRP Executive Safety Committee ESC Driving While Intoxicated DWI Driving Under the Influence DUI Department of Transportation DOT Chief Safety Officer CSO City of Rochester, MN COR Federal RegulationsCode of CFR Agency Safety Plan ASP Accident Review Committee ARC Meaning Acronym or Abbreviation 10. Acronyms and Abbreviations. October 2020 Agency Safety Plan Rochester Public Transportation Page37 | 238 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB empowered to report unsafe acts and working conditions without fear of reprisal. and acknowledging safe behavior and actions through positive reinforcement. All employees are - focuses on recognizing the driving force behind First Transit’s Safety Management Policy – “Be Safe”To improve business performance 3.To make safety a personal core value through behavior change 2. e progress on our way to “Zero Harm”To mak 1.Management System (SMS) with three clear objectives: program is the foundation of First Transit’s Safety “Be Safe”passengers and employees. Our -being of our At the core of First Transit’s mission is the commitment to protecting the safety and well Safety Management Policy “Think Safe, Act Safe, BeSafe”adopted the core philosophy of, program, we are striving to build a cultural identity that is continually focused on safety. First Transit has replace risky behaviors and thought processes that jeopardize safety in the workplace. Through the operate. First Transit’s Safety Management System (SMS) encourages all First Transit employees to ZERO harm to our customers, our employees, our shareholders, and the environments in which we We believe these values to be essential components in our aim to achieve ZERO safety events, resulting in Setting the Highest Standards ·Accountable for Performance ·Supportive of Each Other ·Dedicated to Safety ·Committed to our customers ·conducting our business in a way that aligns with our core values: structure with strong customer-centric, local operations. Throughout the company, our focus is Global in scale and local in approach, First Transit is an organization which combines a robust corporate Introduction Safety Management Policy Statement Appendix A: First Transit Safety Policy October 2020 Agency Safety Plan Rochester Public Transportation Page38 | 239 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB manner possible. enforces policies and procedures to ensure all employees are conducting their business in the safest which gathers, analyzes, and communicates the safety information throughout the organization; and Committees, Local Client Liaison Committees at each local operation; the corporate Safety Department at First Transit has many forms; including Safety Solution Teams, Accident Review Safety Management DOT, and OSHA safety and operating requirements and recommendations. procedures; employee and management observation of operations; and compliance assurance of FTA, reporting; continuous training and safety campaigns; employee safety evaluation reporting programs and includes our comprehensive audit and inspection regime; hazard identification and Risk Reduction operations; resource management; and future direction of First Transit. collection from which critical decisions are formulated that impact daily, short term, and long-term depends upon honest and open communication from all employees; data Leadership and Engagement element includes safety as a top priority. . Each Performance Management; and Safety Management; Risk Reduction; Leadership and Engagement l aspects of First Transit’s operations is based on four key elements: Performance improvement in al stop and find a safer way of doing things. colleagues and customers. If you assess something to be unsafe, you should have the courage to We are all empowered to accept responsibility for our own safety and the safety of our Courage:continuously improve work place safety. Reporting of incidents and near misses will be seen as learning opportunities to Learning: · at “debriefs” will be open and honest.communication Regular positive coaching interactions, or “touchpoints” will take place and Openness: · colleagues “doing it right” and positively reinforcing these actions. While not ignoring actions that undermine safety, the focus will be on acknowledging Recognition: ·incidents. Our greatest efforts will be directed at the key safety behaviors that will help reduce Knowledge: · The guiding principles that drive First Transit’s SMS program are: Safety Management Policy Statement October 2020 Agency Safety Plan Rochester Public Transportation Page39 | 240 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 11/09/2020Mayor, City of Rochester President Bradley A. Thomas Sincerely, responsibility and our ability to meet these expectations. resources and environment from harm, now and into the future. We take great pride in this We at First Transit depend on every member of our team to do everything possible to protect our transportation in as safe a manner as possible. as well as the safety of colleagues and customers; and to perform the daily tasks of providing public the highest levels of management to the employees on the street, has a responsibility for their own safety words contained in this policy statement. While our roles may vary, everyone in our organization, from As President of First Transit, I know our commitment and passion for safety runs far deeper than the Ongoing Company-Wide Commitment tools employed to ensure that safety is first and foremost in everything we do. meetings between mid-level and upper management to review safety concerns; are a sampling of the monthly; major events calls, which alerts management in real time of safety events; and regular calls and scorecards; the Critical Activity Record Entry program which captures and compares safety data safety to evaluate First Transit’s progress toward Zero safety events. Daily reports; monthly location ,the final key element, uses many Key Performance Indicators relating to Performance Management Safety Management Policy Statement October 2020 Agency Safety Plan Rochester Public Transportation Page40 | 241 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB \[document follows this cover sheet\] ASSET MANAGEMENT PLAN ROCHESTER PUBLIC TRANSIT EXHIBIT K 242 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 1 Rochester Public Transit Transit and Parking Coordinator Prepared by Aaron Buckley, TDM-CP 2022 Transit Asset Management PlanRochester Public Transit Goals 243 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 2 was placed into service, cost basis, and condition rating. software system. Included in the inventory is make, model, year of vehicle, mileage, the year the vehicle RPT maintains an accurate, current inventory of all revenue vehicles within the MnDOT’s Black Cat Grants ROLLING STOCK: cost basis, and condition rating. The inventory contains information regarding the original cost, the year the asset was placed into service, FACILITIES: categories: relate to this Plan is attached as Attachment 2 - Equipment Inventory and are organized by the following A complete inventory of assets is kept by the City of Rochester’s Finance Department. Transit assets that Inventory of Assets management should be expected to be made that will bring the system’s assets to the performance target. met or exceeded their ULB. If gaps exist between current condition and performance target, changes in condition that has met or exceeded their ULB; and 10% or less of any equipment in a condition that has condition that has met or exceeded their Useful Life Benchmark (ULB); 10% or less of its vehicles in a Based on the attached tables, RPT’s performance target is to maintain 10% or less of its facilities in a Management Performance Targets. MnDOT’s performance targets are listed on Attachment 1 – MnDOT State of Good Repair Transit Asset including future replacement. goal of this plan is to maintain and/or improve the condition of all transit assets within Rochester, MN as provided by the Federal Transit Administration and the Minnesota Department of Transportation. The RPT’s maintenance policies and procedures reflect compliance with all applicable regulatory requirements Performance Target RPT is located in Rochester, Minnesota and is the provider of publicly funded transit for the community. Service Provider safety risk to users. performance” – that is, the asset can perform its designed function and does not pose an unacceptable the condition at which a capital asset is able to operate at a “full level of State of Good Repair: ensures safe, clean and comfortable transit vehicles on the road and maximizes transit vehicle life. while maintaining them at, or above, the State of Good Repair (SGR). An effective maintenance plan guidance that will enable RPT to properly maintain and service its assets in support of revenue operations every four years. The purpose of the plan is to provide consistent, systematic and integrated program Transit Administration (FTA) TAM Final Rule - 29 CFR 624 requires all recipients to develop a TAM plan reliable, and high quality transit services while making maximum use of financial resources. The Federal The goals of the Rochester Public Transit (RPT), Transit Asset Management (TAM) Plan are to support safe, EQUIPMENT: 244 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 3 maintenance is documented. listed on the repair order and corrected prior to returning the transit vehicle to service. All preventive During the PM scheduled service, the mechanic will document all defects found and will have all defects suggested recommendations. safety and reliability of assigned equipment. Preventive maintenance is based on the manufacturer’s Regular maintenance is performed at pre-scheduled cycles to ensure optimal performance, efficiency, ROLLING STOCK: is noted and performed as soon as possible. All inspections are documented. Transit Operations Center. Inspections are performed routinely and any corrective maintenance needed Regular preventive maintenance is performed on RPT facilities at the City of Rochester’s Public Works and FACILITIES: Preventive Maintenance (PM) Inspection Report. Plan highlights are contained below. and Combined Maintenance Documents. A vehicle inspection report is listed in Attachment 6 – Vehicle contracted transit service operator’s maintenance plan is Attachment 5 – First Transit Maintenance Plan Attachment 4 - City of Rochester Public Works & Transit Operations Center Facility Maintenance Plan. Our reviews and spot checks maintenance records annually. The facility maintenance plan can be found in encompasses both preventative and corrective maintenance and are on file with MnDOT. MnDOT also RPT has established comprehensive maintenance plans for its facilities and rolling stock. The plans Preventative Maintenance and Corrective Maintenance remaining. This inspection will be performed annually by RPT’s staff and records kept on file locally. An inspection, done annually, will establish the condition rating of equipment based on useful life EQUIPMENT: rating. The condition rating will be recorded in MnDOT’s December vehicle statistics report annually. RPT’s contracted transit service operator will perform an annual assessment to establish a condition ROLLING STOCK: facilities. This rating will be included in the annual Facility Checklist performed by MnDOT’s staff. MnDOT’s Office of Transit and Active Transportation staff will determine the condition rating of all FACILITIES: Remaining Useful Life. software annually. MnDOT Condition Ratings are listed on Attachment 3 – Asset Condition Rating and These ratings will be recorded by Office of Transit and Active Transportation Staff or in Black Cat Grants MnDOT has established condition ratings to be used for all facilities, revenue vehicles, and equipment. Condition Ratings original cost, the year the asset was placed into service, cost basis, and condition rating. more. This inventory is also maintained in the Black Cat Grants System software. The inventory contains RPT also maintains an accurate, current inventory of all equipment with an original value of $50,000 or 245 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 4 Pre-Trip Inspection and the Preventive Maintenance process. The lift is cycled as part of the Pre-Trip of the Americans with Disabilities Act (ADA), monitoring of all wheelchair lifts is included as part of the The Pre-Trip Inspection form includes inspection of wheelchair lifts. In compliance with the requirements repair work warrants not using that vehicle and a spare vehicle will be used until the work is completed. necessary repair work needed to be completed. The following driver will determine whether the vehicle kept in the vehicle for information for the subsequent driver. Post-trip inspections will contain any regarding the condition of the vehicle when the work day is completed. Post-trip inspection sheets are Post-trip inspections are performed at the end of the driver’s work schedule and contain information manager and monitored for completion and any noted defects. being put into service. Pre-trip inspection sheets are turned in to RPT’s contracted service operator’s the designated Pre-Trip Inspection form. This is done to ensure that all vehicles are inspected prior to Drivers perform a comprehensive checklist of essential maintenance elements and record the results on Pre-Trip/Post-Trip Inspections equipment will be recorded and maintained for as long as RPT owns the equipment. Individual maintenance records will be kept for all equipment. All maintenance performed on the vehicle will be recorded and maintained for as long as RPT owns the vehicle. Individual maintenance records will be kept for each revenue vehicle. All maintenance performed on the be recorded. Individual maintenance records will be kept for all facilities. All maintenance performed on the facility will Maintenance Records report the repair needed. All work will be documented and dated. When corrective maintenance is required, the person responsible for the equipment will identify and EQUIPMENT: mileage. and reported. RPT’s contracted service operator’s mechanics will document all work done, dates, and When corrective maintenance is required, drivers/mechanics will insure that repairs needed are identified ROLLING STOCK: the repair needed. All work will be documented, dated, and noted on an annual inspection form. When corrective maintenance is required, the person responsible for the facility will identify and report FACILITIES: Corrective Maintenance (CM) $50,000 or greater at the manufacturer recommended timeline. Preventive maintenance is performed on all equipment owned by RPT that has an original value of EQUIPMENT: Inspection, and maintenance will include replacement of worn components and all adjustments as 246 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 5 ULB are considered and used for vehicle replacement decisions. Occasionally, vehicles remain on the asset RPT sets its own vehicle replacement schedule; however, the FTA’s minimum useful life and the State’s dates are tracked in this replacement plan. revenue vehicle replacement plan within the Black Cat Grants. Projected vehicle costs and replacement consider the request and determine its funding source upon approval. RPT also maintains a ten-year and Technology. Upon review of all documents, MnDOT’s Office of Transit and Active Transportation will Transit and Active Transportation annually provides grant applications for Vehicles, Facilities, Large Capital 4 year capital project plan to Rochester-Olmsted Council of Governments and MnDOT. MnDOT’s Office of All capital project improvements are taken into consideration on an annual basis. RPT annually updates a Capital Project Implementation borne pathogens (body fluid spills) kit, and a seat belt cutter. Additional emergency equipment on board each vehicle includes: a first aid kit, reflective triangles, blood Fire extinguishers with an ABC rating are located within easy reach of the bus driver and are tested yearly. Emergency equipment is located on all rolling stock and is inspected as part of the Pre-Trip Inspection. Emergency Equipment on Vehicles All active rolling stock vehicles are stored inside at the Public Works Transit Operation Center garage. Vehicle Storage periodic more thorough cleaning. Exterior washing will be done as weather conditions allow. Vehicles will be monitored for interior and exterior cleanliness. This will include daily cleaning as well as Vehicle Servicing any concerns can be taken care of before the warranties expire. All warranty work will be recorded. and where the item should be serviced, so that problems can be addressed by the appropriate source and are repaired and maintained under the manufacturer’s warranty. Warranties are monitored for expiration Vehicle, parts warranties, equipment and facility components are monitored to make sure that all assets Warranty Recovery vehicle available for each scheduled route is a priority for RPT. be made to have a replacement vehicle in place as soon as it is reasonably possible to do so. Having a as soon as possible. Backup vehicles are not immediately available in all locations. However, efforts will In the event of a transit vehicle breakdown, a spare unit will be provided to replace the disabled vehicle Vehicle Breakdown Inspection Report that is being used by RPT. necessary for peak performance. Attachment 6 – Vehicle Inspection Report is an example of the Vehicle DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB 247 1 248 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 7 Attachment 1 - MNDOT State of Good Repair Transit Asset Management Performance Targets 20 SheltersSeating20 Park & Ride Auto Parking/Passenger Seating 40 Transfer Facility Auto Parking/Restrooms/Passenger Seating 40 Maintenance age/Wash/Dispatch/Training & Administrative Offices StorAdmin. Facility Garage-Operations-40 Storage/Wash/Dispatch/Training/Light Maintenance Facility Garage-Operations 40 Bus Garage Bus Storage/ Wash (Years)Usage Useful Life BenchmarkTypical Characteristics Category ansit facilities -- Table 3 Benchmark for trUseful Life 5125,000$68,000100,00022 10 to 14,000 16 to 28 ft.6,000 toClass 300 Light-Duty Small Bus 6180,000150,000$206,000 $79,000 to 25 16 to 16,000 25 to 35 ft.10,000 toClass 400 Light-Duty Mid-Sized Bus 8230,000200,000$174,000 $138,000 to 30 22 to 26,000 30 ft.16,000 toBus Class 500 Medium & Purpose-Built 11385,000$227,00010350,00035 26 to 33,000 30 ft.26,000 toClass 600 Heavy-Duty Small Bus 13540,00012500,000524,000 $471,000 -40 27 to 40,000 35 to 60 ft.33,000 toClass 700 Heavy-Duty Large Bus Miles Years Miles Years (Whichever comes first) (Whichever comes first) 2017Cost Average Seats GVW Approx. Length Life Benchmark MNDOT Useful Life FTA Minimum Typical Characteristics Category transit vehicles -- Table 2 Benchmark for Useful Life 90% Life Benchmark exceed Useful 10%Facilities: Maintenance, administrative, passenger, & parking 90% Life Benchmark exceed Useful 10%Rolling Stock: All revenue vehicles (Classes 100 to 700) 90% Life Benchmark exceed Useful 10%>$50,000 Equipment: All non-revenue service vehicles & equipment assets Target to MeetTAM System Than TAM Target; No More Performance Measure Assets Performance Management for all Assets -- Table 1 transit performance targets: lished State of Good Repair (SGR) The Office of Transit has estab Facilities Inventory 249 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 8 Attachment 2 - Rochester Public Transit Facilities, Rolling Stock, and Equipment Inventory PWTOC Building B Transit Garage Description2022Rochester Public TransitAttachment 2 - Equipment Inventory Downtown Bus StopsPWTOC Building E Transit Fleet Garage60.00249249Gi llig Low Floor Transit Bus $299,903.00200714464,444 3.360.00248248Gillig Low Floor Transit Bus $299,903.00200714539,983 3.260.00247247Gillig Low Floor Transit Bus $299,903.00200714519,069 3.260.00246246Gillig Low Floor Transit Bus $299,903.00200714535,461 3.260.00245245Gillig Low Floor Transit Bus $289,734.00200516467,812 3.460.00244244Gillig Low Floor Transit Bus $289,734.00200516463,936 3.260.00243243Gillig Low Floor Transit Bus $289,734.00200516465,474 3.360.00242242Gillig Low Floor Transit Bus $289,734.00200516381,936 3.260.00241241Gillig Low Floor Transit Bus $281,607.00200516560,290 3.360.00240240Gillig Low Floor Transit Bus $281,607.00200516500,712 3.260.00239239Gillig Low Floor Transit Bus $281,607.00200516435,408 3.260.00238238Gillig Low Floor Transit Bus $281,607.00200516461,250 3.160.00237237Gillig Low Floor Transit Bus $281,607.00200516407,135 3.260.00236236Gillig Low Floor Transit Bus $281,607.00200516465,806 3.260.00234234Gillig Low Floor Transit Bus $280,341.00200417464,295 2.960.00233233Gillig Low Floor Transit Bus $280,341.00200417369,025 360.00232232Gillig Low Floor Transit Bus $280,341.00200417422,114 2.960.00231231Gillig Low Floor Transit Bus $280,341.00200417449,430 2.960.00230230Gillig Low Floor Transit Bus $280,341.00200417485,815 2.960.00229229Gillig Low Floor Transit Bus $273,986.00200318428,116 2.760.00228228Gillig Low Floor Transit Bus $273,986.00200318450,384 2.760.00227227Gillig Low Floor Transit Bus $273,986.00200318454,597 2.760.00226226Gillig Low Floor Transit Bus $273,986.00200318532,454 2.760.00225225Gillig Low Floor Transit Bus $273,986.00200318434,065 2.860.00224224Gillig Low Floor Transit Bus $273,986.00200318437,065 2.760.00223223Gillig Low Floor Transit Bus $273,986.00200318438,694 2.960.00222222Gillig Low Floor Transit Bus $273,986.00200318407,068 2.760.0002525Chevrolet ARBOC $167,369.792021039,704 4.960.0002424Chevrol et ARBOC $167,369.792021045,708 4.860.0002323Chevrolet ARBOC $167,369.792021048,092 4.860.0002222Chevrolet ARBOC $167,369.792021049,400 4.860.0002121Chevrolet ARBOC $167,369.792021038,107 4.860.0002020Chevrolet ARBOC $167,369.792021044,087 4.860.0001919Chevrolet ARBOC $167,369.792021028,385 4.860.0001818Chevrolet ARBOC $167,369.792021038,546 4.860.0001717Chevrolet ARBOC $167,369.792021044,374 4.860.0001616Chevrolet ARBOC $159,876.0020147227,255 3.560.0001515Chevrolet ARBOC $159,876.0020147232,013 3.5 RatingCondition 10/31/21Miles as of YearsAge in YearService Start Asset # Unit #DescriptionBasisRolling Stock Inventory Useful Life Benchmark Assesment: All equipment listed above meet RPT's Useful Life Benchmark targets15035~$2,248,585.002010114.01738997.00326PWTOC Transit Bus Garage Expansion$5,688,353.002019251268097.00325$5,168,587.00 201294.01267797.00310$8,399,251.00201294.0 RatingCondition Service Asset # Unit #Basis Rolling Stock Inventory 250 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 9 Number of 400 series buses that are in the fleet 11400 Series Buses that are over the 6 year ULB threshold 2RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 41%Number of 700 series buses that are in the fleet 66700 Series Buses that are over the 13 year ULB threshold 27 Rolling Stock Age Useful Life Benchmark Assesment:Fleet average State of Good Repair assesment rating 4.1-289New Flyer 60 Ft Electric Bus$1,350,137.002022005-288New Flyer 60 Ft Electric Bus$1,350,137.00202200560.00287287Gillig Low Floor Transit Bus $452,852.002018399,008 4.960.00286286Gillig Low Floor Transit Bus $452,852.0020183130,927 4.960.00285285Gillig Low Floor Transit Bus $452,852.0020183118,560 4.960.00284284Gillig Low Floor Transit Bus $452,852.0020183108,415 4.960.00283283Gillig Low Floor Transit Bus $452,852.0020183150,270 4.960.00282282Gillig Low Floor Transit Bus $452,852.0020183124,359 4.960.00281281Gillig Low Floor Transit Bus $452,852.0020183157,999 4.960.00280280Gillig Low Floor Transit Bus $452,852.0020183146,894 4.960.00279279Gillig Low Floor Transit Bus $452,852.0020183150,318 4.960.00278278Gillig Low Floor Transit Bus $452,852.0020183151,028 4.960.00277277Gillig Low Floor Transit Bus $452,852.0020183131,956 4.960.00276276Gillig Low Floor Transit Bus $452,852.0020183146,296 4.960.00275275Gillig Low Floor Transit Bus $452,852.0020183143,932 4.960.00274274Gillig Low Floor Transit Bus $452,852.0020183138,739 4.960.00273273Gillig Low Floor Transit Bus $452,852.0020183147,581 4.960.00272272Gillig Low Floor Transit Bus $452,852.0020183131,867 4.960.00271271Gillig Low Floor Transit Bus $452,852.0020183121,920 4.960.00270270Gillig Low Floor Transit Bus $446,225.0020147173,460 4.860.00269269Gillig Low Floor Transit Bus $446,225.0020174159,964 4.860.00268268Gillig Low Floor Transit Bus $446,225.0020174202,633 4.860.00267267Gillig Low Floor Transit Bus $446,225.0020174187,387 4.860.00266266Gillig Low Floor Transit Bus $446,225.0020174196,724 4.860.00265265Gillig Low Floor Transit Bus $437,843.0020156263,783 4.660.00264264Gillig Low Floor Transit Bus $437,843.0020156265,736 4.660.00263263Gillig Low Floor Transit Bus $437,843.0020156270,132 4.660.00262262Gillig Low Floor Transit Bus $437,843.0020156254,835 4.660.00261261Gillig Low Floor Transit Bus $437,843.0020156244,647 4.660.00260260Gillig Low Floor Transit Bus $437,843.0020156240,075 4.660.00259259Gillig Low Floor Transit Bus $437,843.0020156258,464 4.360.00258258Gillig Low Floor Transit Bus $395,548.0020147247,111 4.360.00257257Gillig Low Floor Transit Bus $395,548.0020147261,373 4.360.00256256Gillig Low Floor Transit Bus $395,548.0020147246,596 4.360.00255255Gillig Low Floor Transit Bus $395,548.0020147236,418 4.360.00254254Gillig Low Floor Transit Bus $364,364.00201110304,743 460.00253253Gillig Low Floor Transit Bus $363,648.00201011327,420 3.960.00252252Gillig Low Floor Transit Bus $363,648.00201011295,315 3.960.00251251Gillig Low Floor Transit Bus $363,648.0020101160,130 3.9 RatingCondition 10/31/21Miles as of YearsAge in YearService Start Asset # Unit #DescriptionBasis Percent of fleet that exceed the ULB 18%251 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 10 At this time RPT has no equipment over the reporting threshold of $50,000.Equipment Inventory RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 18%Number of 400 series buses that are in the fleet 11400 series buses that are over the 180,000 ULB mile threshold 2RPT Target is 10% of the fleet not to exceed UBLPercent of fleet that exceed the ULB 2%Number of 700 series buses that are in the fleet 66700 series buses that are over the 540,000 ULB mile threshold 1 Rolling Stock Miles RPT Target is 10% of the fleet not to exceed UBL 2 252 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 11 Attachment 3 - Asset Condition Rating and Remaining Useful Life GR S<in>2.5In– corrective maintenance (repairs)PM- preventative maintenance and CM ²?operable non-Asset non-operableAssetoperable Asset non-operableAsset non-operable Asset non-0 Poor1.0 to 1.9interruption potential service CM costs and present excessive Continued use standards industry not meet problems; does and reliability performance Frequent components have critically replacement; may Asset in need of life past useful Asset is 1 2.0 to 2.9repairs) months between CM (less than 6 Requires frequent elements standard serious; sub-becoming more problems and reliability Performance maintenance needs components; deteriorating of defects; Increasing number useful life at end of its nearing or Asset 2 3.0 to 3.9mos. major CMs infrequent > 6 minor CM or Requires frequent some areas sub-standard in issues; may be and reliability performance Occasional components deteriorated defective or Some moderately point at its midlife nearing or Asset 3 Good4.0 to 4.7repairs) months between (more than 6 infrequent CM order; requires Good working standards metrics, industry and reliability performance meets Asset generally deterioration defects or wear; some slight minimal signs of Asset showing new or nearly under new Asset just 4 Excellent4.8 to 5.0Only routine PM standards metrics, industry and reliability performance exceeds all Asset meets or defects new; no visible Asset new or like new or nearly Asset new 5 range Rating CM Level of PM and Safety) Ambience, (Reliability, Maintenance) (Quality, Required Remaining Useful Life Percent of Asset Condition Maintenance Level of Performance Asset AgeAsset ConditionAssetScore Asset Asset Criteria and Scoring System – vehicles and facilities ASSET CONDITION MEASUREMENT EXAMPLE- Table 1 capital responsibility.” for assets for which they have direct Agencies only need to include condition assessmentservice vehicles, and any other owned equipment assets over $50,000 in acquisition value. hared resources. The inventory must include all assets that are owned by a third party or sh the exception of equipment) ventory. This includes (witincluded in the TAM Plan asset inused in the provision of public transit will be Per the FTA, “it is expected that all assets 1 253 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 12 Attachment 4 - City of Rochester Public Works & Transit Operations Center Facility Maintenance Campus Electronic Security•Sectional Overhead Doors•Coiling Overhead Doors•High Speed Overhead Doors•Boilers, Water Heaters, Waste Oil HeatersHVAC Water to Water Pumps, Heat Pumps, Make Up Air Units, Heat Recovery Units,•Winona Controls HVAC•Geothermal Energy Systems•& UPSGenerac Generators (4)•Lighting Control & Design•Including Wash ReclaimManual & Automatic Vehicle Wash Bays•Fueling Stations (3)•Employee Parking Lot•Overhead Lifts•Stertil Koni Vehicle Lifts•Fleet Maintenance Garage & Warehouse•Parking Garages•Office, Conference & Break Room Areas•:FACILITY DESCRIPTIONto the communityEnsure that our facility(ies) remain(s) an asset•Minimize service disruptions•Provide a safe environment for the public and staff•regulationsA dministration, the Americans with Disabilities Act, and state and localMeet the requirements of the Transit and Rail Division, Federal Transit•Maximize facility and equipment service life•Maintain facilities and equipment in safe operating condition•the facilities and equipment.to the specifications in the operation and maintenance manuals provided withminimumfacilities and equipment used in support of public transit will be maintained at aThe:OBJECTIVEScan provide.and support program wecannot be maintained without the most efficient operating customers ourto quality highest theof Service feasible. financially standards highest the to transit publicand provideinvestment in and prolong the useful life of its assetsto protect itsequipmentandfacility( ies)itsmaintainsdivisionsTransit & Works Public Rochester, of City The :POLICY STATEMENT Facility Maintenance Program Public Works & Transit Operations CenterCity of Rochester 254 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 13 and supplies prepared before the season. A facility inspectorby Ice and snow removal from parking lots and walkways shall be coordinated completed.nspector will help determine when re-striping and sealing need to be etc. The iks, holes, crumbling, The parking lots will inspected for large crac-- Parking Lots 9) replacement when needed. Fences shall also be inspected. grass cutting, weeding, mulch and live growth maintained to include trimming,sure that all landscaped areas are will en A facility inspector -- Landscaping 8) and general appearance issues.to: doors, sidewalks, windows, flashings, roof, vents, all extrusions, caulking, signage mited and needed repairs noted and requested. This inspection shall include, but not be liexterior of the building will be inspected monthly The -- Painting & Exterior Care 7) weekly.Automatic start test are run . ce annually as per the contractit is serviced twiverify the unto ensure proper operation and to with Titan Energy Service maintenance agreementugh a hro-up power systems will be inspected tThe back -- & UPS Generators 6) \]repairs.for additional and according to the above criteria erviced by Egan Company also be srs will aste oil heateoperation, debris build up or any other blockages, etc. \[The wgeneral filters cleaned, replaced and dated as appropriate. Outdoor units will be inspected for and have air Egan Companies ystem will be inspected monthly by the each saddition, Egan Company through a maintenance contract. In peak efficiency by operate atAll units will be maintained to Egan Company service Plan. according to theserviced These systems will be Geothermal Energy Systems\] , Boilers, Water HeaterssUnitWater to Water Pumps, Heat Pumps, Make Up Air Units, Heat Recovery HVAC 5) corrosion or poor operation will be noted and scheduled for repair/replacement.. Any and that fixtures are operating properlythere are no leaks-annually to ensure semiixtures fand associated l inspect all plumbing wil – A qualified contractor Plumbing 4) -annual visual inspection reports for any needed repairswill generate semiOverhead Doors) semi-annually. In addition the inspector (Crawford qualified contractor lubricated by a Each overhead door will be inspected and -- Coiling Overhead Doors 3) annual visual inspection reports for any needed repairs-generate semi-annually. In addition the inspector will ) semiStar Equipmentby a qualified contractor (ll be inspected and lubricated Each overhead door wi-- High Speed Overhead Doors 2) for any needed repairs.-annual visual inspection reports semiinspector will generate annually. In addition the -semia qualified contractor (Spring Valley Overhead Doors) by d and lubricated ill be inspecte -- Each overhead door wSectional Overhead Doors 1) a contractor:tions or ensure they are provided by maintenance and care func provide the following routine willMonty Meyer, Supervisor of Facilities & Fleet maintenance plan.nsible for implementing this is respo Supervisor of Facilities & Monty Meyer, : SIBILITYRESPONASSIGNMENT 2 255 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 14 (507) 328-2469(507) 328-2438Facilities System TechnicianSupervisor of Facilities & FleetDerrick SanfordMonty Meyer : MAINTENANCE INFORMATIONand EQUIPMENT CITY STAFF FACILITY . maintenance performed that folder along with documentation of all preventive and repair checklists are included infor each calendar year and completed folder n electronic inspections. Records are stored in arecords for facility maintenance and permanent all maintains Facilities & Fleet divisionThe electronic file by the Office Services Coordinator. kept at maintenance needurgent -planned, non-Records of any non into budgetary planning.repair costs to incorporate urgent repairs shall be maintained and appropriate staff notified periodically -A log of needed non : FACILITY MAINTENANCE RECORD KEEPING repair. item needing service or a written report of any Supervisor of Facilities & Fleetthe equipment items and provideany and all repairs to both minor and major using the checklist in Appendix A and note walk the facility facility inspector will an assigned Annually, -Semi -- General 19) and maintained throughout the year. physical inventory of the grounds and maintenance equipment will be prepared annually shall maintain all needed tools and equipment. A A facility inspector– Equipment 18) nd reorganize them.clean out a items and twice per year will use the sheds when appropriate to store needed A facility inspector– Sheds 17) repairing or replacing bus washing equipment and supplies. will inspect monthly and arrange for A facility inspector -- s Washing SuppliesBu 16) annually.Midwest Overhead Cranes will inspect, document, and make necessary repairs All Mechanics will visually inspect the cranes daily. – Overhead Lift Cranes 15) Works will inspect, document, and make necessary repairs annually.Midwest Lift . lifts dailyvisually inspect the s Mechanic All -- Vehicle Lifts 14) Communications) and inspected annually by a qualified contractor (Viking Sprinkler.)is monitored by a qualified contractor (Custom – Fire Sprinkler System 13) ed contractor will inspection annually.qualifiA facility inspector will check them and document monthly. A – Fire Extinguishers 12) test and purge weekly.ill A facility inspector w– Eye Washes 11) rains will be important to finding faults.other signs of roof failure and inspect outside gutters. Inspecting gutters during hard monthly to look for any stains or will inspect all ceilings A facility inspector --Roof 10) 3 Service Start 256 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 15 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents 71,948 achievement! –Transit 2016 to date maintained by First fleet for the RPTMiles between roadcalls following measures: through the works very hard to minimize Rochester’s maintenance costs First Transit transit industry: knowledgeable and innovative maintenance program in the maintenance operations provide our clients with the most with unparalleled maintenance operations. Our Rochester qualified technicians in the industry, provide City of innovative maintenance practices, delivered by the most to scheduled, and focuses on promoting efficiencies. Our drives down road failures, moves repairs from unscheduled Our industry-leading preventive maintenance program Rochester. passenger experience and cost savings to the City of maintenance into scheduled, providing a smoother customer service excellence by moving unscheduled continue to provide First Transit’s Maintenance Goal: to Equipment -4 Maintenance Program & 2A First Transit offers assurance that the workforce will transition to the new contract maintaining the compensation packages in place for all current and future employees, Local 1005, who represents our drivers and dispatchers, as well as our commitment to With our dedication to excellent employee relations and our partnership with the ATU Initiate service under new contract Ongoing issueson any open Rochester Public Transitup meetings with -Follow 01630, 2 emberDec Prepare fleet for next day’s revenue service Implementing Proactive, Scheduled 257 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 16 monitor technicians’ time effectively.planning tools to set efficient schedules and First Transit uses maintenance right the first time. technicians are empowered to get the repairs our Through our maintenance programs, technicians vehicle history at their fingertips. maintenance that eliminates waste and gives our providing City of Rochester with proactive world-class maintenance programs focus on technicians’ time is used effectively. First Transit’s ensuring that vehicles are ready for service and Proper maintenance planning is a critical step in other three all have at least one ASE certification. certification. In fact, one of our technicians is double master ASE-certified and the trained maintenance personnel. We are committed to retaining this prestigious 2015, the industry-wide symbol of the quality maintenance services and highly inFirst Transit is proud that the Rochester location achieved ASE Blue Seal Certified FirstBase DesktopCustomer · Desktop Audits · Annual Shop Audit · Fleet Inspection Process · Lean Maintenance Program · City of Rochesterfor Ensuring Quality Control and Efficiencies Employee Incentives · ASE and Cengage/Delmar Training · Stringent hiring standards · DevelopmentManagement and Leading Employee -Providing Industry Driver Vehicle Condition Reports · Road call management and reduction · Maintenance MitigationLeveraging Best Practices for Unscheduled Preventive Maintenance Practices · integration of innovative technologyProper maintenance planning and · Maintenance Practices and Programs 258 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 17 services, check video system, wheelchair lift inspection and liningcheck brake , Engine service, comprehensive vehicle inspection ,000 miles3 A Details Interval InspectionCity of Rochester Fixed Route PM Inspection procedures for the City of Rochester service are reflected in the following table: . Our intervals and C inspections, and B, AWe categorize PM inspections into three designations: with OEM specifications. Systems are inspected for wear and tear and any necessary adjustments are made in accordance Every First Transit vehicle undergoes thorough PM inspections to remain in top condition. equipment maintenance services. on properly structured information to improve the quality and productivity of our that is designed to enhance equipment management capability. The system focuses CityJD Edwards software provided by the To ensure accurate and reliable data, we use Good maintenance management decisions are based on accurate and reliable information. level of reliability and safety to our passengers and clients. capital investment in the fleet, keep the fleet operational and available, and provide a high ’s program protects City of RochesterPMMaintenance (PM) Program. Our outstanding e of First Transit’s maintenance operation is our strong Preventive The backboncontinuous improvement and maintenance excellence. , monitoring the statistics of our preventive maintenance program to achieve ControlsStatistical Process ntrol program monitors each vehicle’s service goals using Quality Corequirements. Our ’s these inspections can be customized to meet City of Rochestersystems log vehicle miles, which is the basis for all PM inspections. The frequency of -shift basis to account for changes in the schedule. Our computer byadjusted on a shift-maintenance and an analysis of vehicles needing other repairs. Schedules are then Supervisors typically plan weekly schedules based on when vehicles are scheduled for Inspection 259 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 18 back into service. corrected with OEM quality parts and tested prior to the vehicle being placed : Any defects or other safety-related system issues are Brake Systems ·applicable regulations, including those outlined in the Clean Air Act of 1990. conditioning and heating seasons and repairs are made in accordance with all r inspection and cleaning to ensure optimum performance prior to peak ai: The entire system undergoes detailed Air Conditioning and Heating ·providing inspection and necessary repairs to the following systems: before a vehicle returns to service. The PM process includes, but is not limited to, Our technicians are responsible for ensuring all systems are in safe operating condition PM TASKS minute changes that can result in service delays. By identifying issues during service island inspections, First Transit eliminates last-contact with vehicles are trained to check vehicles for any potential maintenance needs. preventive maintenance process. Particularly, utility and other workers who have daily First Transit motivates all employees who have contact with vehicles to be a part of our to provide uninterrupted service to our passengers and clients. maintenance manager, our supervisors will ensure that the fleet is adequately staffed and outfitted developing weekly schedules to take vehicles out of service for maintenance. Along with our Our experienced Maintenance Manager Roger Ritchie oversees the PM inspection process, servicingon and , HVAC inspectifilter and service air dryerchange DEF with oil sample, change rear axle lube,inspections plus transmission service -and C -, B-A 48,000 miles D transmission fluid, water filter, service crankcase, change risk assessmentair filters, fire plus coolant and inspections -and B -A ,000 miles42 C changeoil, filter change, oil sample, hydraulic and fuel filters Engine service, including engine inspection plus -A ,000 miles6 B Details Interval 260 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 19 an ability to bring City of Rochester quality parts at a lower cost. and –First Transit has a relationship with parts vendors providing us with buying power power. As a maintenance contractor at a majority of our over 320 operating locations, First Transit is able to reduce maintenance costs through leveraging our corporate buying released into revenue service. specialized technicians. Only after final follow-up repairs are made will vehicles be After the PM inspection is complete, any necessary follow-up repairs are assigned to PM FOLLOW UP PROCESSES not under warranty are repaired by qualified employees or vendors. by a manufacturer-approved shop to adhere to warranty requirements. Items the vehicle is taken out of service. Defective units under warranty are repaired : Any unit not working is reported immediately and Communication Systems ·coolant, and differential fluid levels. specifications. Additionally, we regularly check engine oil, transmission fluid, intervals are performed in accordance with OEM and City of Rochester : All lubrication, oil, and filter change Fluid Replacement and Lubrication ·service. hydraulic leaks. All lifts and ramps are cycled daily before vehicles enter and controls, paying particular attention for structural deficiencies and entire system, including the platform, sensors, barrier, securement devices, a comprehensive inspection of the Technicians lube the lift and perform : Wheel Chair Ramps and Lifts ·tread depth inspections. tire and wheel installation, and tire wheel and tire installation, in-shop dismounting, wheel inspection, (as necessary): tire mounting and The PM process for tires includes retreads are used on our vehicles. Bridgestone, and Bandag) and : Only brand tires (Michelin, Tires · We have established Corporate Purchase 261 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 20 Training or staffing requirements ·Proper maintenance documentation ·Overall vehicle condition and trends ·documents: summarizing all data from the individual QCC inspections. This monthly audit percent of his fleet every month. The results are documented in a master workbook As a matter of protocol, our Rochester maintenance manager audits, at a minimum, five FLEET RE-INSPECTION investment in the fleet. teams ensure quality assurance processes are stringently followed to protect the long-term availability and reduces operational costs. Our region and corporate maintenance support rst Transit’s quality assurance program in our maintenance shops increases fleet Fi ’s fleet. City of Rochestertechnicians to use as necessary to maintain inventory of high quality parts for our Our goal is to control costs while providing an your needs, to provide parts and services. local dealers. We will utilize other local vendors, whenever it is advantageous and meets the National CPA vendors we use provide parts and services through their network of Barnes, Imperial Supplies, and others that provide significant pricing advantages. Most of Bridgestone, Firestone, Goodyear, Michelin, Bandag, AutoZone, Fleet Pride, NAPA, General Motors, Cummins, Detroit Diesel, Freightliner, International/ Navistar, competitive pricing. Our CPAs with major parts suppliers include Ford, Chrysler, can get quality parts, best service, and This relationship with CPA’s ensures that we vendors that represent 120,000 unique parts. Agreements (CPA’s) with more than 100 262 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 21 technicians) best meets the maintenance needs of the City’s fleet and assets.parts clerks, service writers, bus cleaners, fare collection equipment system of positions (e.g., A mechanics, B mechanics, C mechanics, utility workers, the organizational structure, its functions, personnel distribution, and numbers department (RFP Section 2.7.4). A narrative shall be provided explaining how Contractor is required to submit an organizational chart for the maintenance As part of the sample maintenance plan submitted in response to this RFP, inspection of those items to ensure quality maintenance operations. identified deficiencies. Once defects have been corrected, the location is subject to a re-At the end of each audit, action plans are developed with a timeline to correct any No deferred maintenance ·procedures Compliance with preventive maintenance policies and standard operating ·Review of warehousing efficiency, inventory, and stocking levels ·Hands-on inspection of 10 percent of the vehicles ·review of all aspects of the operation. The audit includes: The annual internal audit process is conducted by our region staff, completing a thorough against these benchmarks to review our operations, vehicle safety and reliability. benchmark for quality, competence, and consistency. Individual locations are measured best practices, policies, and procedures. It also establishes a company-wide standardized Our internal audit process ensures that the Rochester location is in compliance with all ANNUAL SHOP AUDITS for technician training. inspection have been properly repaired. In addition, the audit helps identify possible areas inspections were performed on time and ensures that defects identified during the view the vehicle’s past three PM inspections. This verifies the The final step is to reverifies that all repairs have been signed off by a technician. checks that all of the defects for the past 14 days have been addressed or scheduled, then Next, the manager audits driver inspection reports and PM inspections. The manager immediate attention are placed out of service until the repairs are completed. standards guide and rates the vehicle based on the inspection. Any items that require The manager first audits the vehicle, using an extensive 40-point check sheet and a 263 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 22 LLC)(Corporate Clean, FTE) Utility Workers (3 (5 FTE)MechanicsManagerRoger Ritchie, General Manager shift, and remains on-call through the last shift. aintenance Manager, Roger Ritchie is on duty during the primary day First Transit’s M DBE subcontractorour LLC, Clean, Corporate paratransit) provided by 3 FT, (2.5 for fixed route and .5 for Utility Workers 1 Technician “C” Level 1 ”B” Level Technician 3 “A” Level Technician 1 Maintenance Manager Staffing Level Positionoperating efficiently. Our proposed staff includes: maintenance department to keep Rochester Public Transit vehicles safe, clean, and As outlined in our Staffing Plan, we remain committed to providing a fully staffed -SITE MAINTENANCE PERSONNEL 264 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 23 cleaningand vehicle Responsible for all fueling, fluid level checks · WorkersUtility Fueling and inventory control, as needed · minor maintenance repairs replacement, lube/oil/filter servicing, brake repair and generalGeneral preventative maintenance, including tire repair and · Mechanic“C” systemsoning differentials, electrical, wheelchair lifts, and air conditisuspension, brakes, engines, transmissions, steering, Preventative maintenance, diagnosis, service and repair of · Mechanic “B” , and First Transit standards TransitRochester Public repair in accordance with manufacturer, Perform safety inspections and ensure vehicles are in good · mechanical issuesIdentify and resolve · Mechanic“A” Ensures proper training of maintenance technicians · Assist in troubleshooting equipment issues · availability with dispatch and operationsSchedule and administer fleet maintenance, coordinating vehicle · f maintenanceOversee exceptional quality and efficiency o · ManagerMaintenance MECHANICS fleet: are the types of personnel that will be utilized to service the Rochester Public Transit e maintenance employees, service schedules, and available leadership personnel. Below thSpecific schedules and shift assignments are developed based upon the qualifications of efficiently. department to keep Rochester Public Transit vehicles safe, clean, and operating mains committed to providing a fully staffed and top flight maintenance reFirst Transit who make up our Blue Seal shop. Public Transit contract, and take advantage of the individual skill sets of our technicians, schedules and shift assignments ae in place now for the Rochester First Transit’s current ·265 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 24 ASE Certified excellence. commitment to expertise, skill and testament to their , a ASE Certifications25 hold a combined technicians currently Our Rochester technicians also receive classroom instruction and on-performance. In addition to ASE training, our development is critical to superior maintenance Our systematic approach to technical training and Blue Seal Shop. shop was recently declared an ASE Certified technician. We are proud that the Rochester technicians a double master ASE-certified achieved ASE certifications, with one of the process. Our Rochester technicians have all incentive program tied to the certification Certification process is illustrated by our practices. Our dedication to the ASE exemplifies our commitment to industry best and beyond industry standards that A requirement above ASE Certification: ·technician, and contract obligations. based on the Rochester Public Transit fleet, the skills of the individual : A concept that individualizes technician training Basic Skills Assessment ·procedures: Our industry-leading training and incentive programs are based on the following training resulting in a better maintained fleet and reduced vehicle downtime. —efficient manneradvancements. A highly trained technician performs higher quality repairs in a more 40 hours of training each year to increase skills and knowledge of industry technology for the Rochester Public Transit fleet. We require each technician to participate in at least First Transit provides unmatched technician training that ha lead to higher quality repairs mechanic to fleet ratio and all appropriate justifications with their proposal. maintenance staff. The Contractor shall submit their proposed staffing levels, by Contractor for maintenance staff and describe provide training programs for Contractor is required to submit minimum qualifications credentials required basis dailyon a work areas are cleaned l manner and that alin a timely submittedsure all Vehicle Wash/Fuel Logs are properly filled out and En 266 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 25 actual ASE Exam. including practice questions, sample ASE-style tests, and a timed test duplicating the theory for enhanced learning and retention. A variety of study options are available, helpful remediation while addressing the unique needs of the technician with text-based module is requires a course review and exam before completion. These tests combine Each section within the module is completed with final review questions and each Certification & Monitoring Spanish. average of 8.5 hours of training materials and can be completed in either English or technicians can work through the materials at their convenience. Each course contains an through interactive graphics and animations. The training is available at any time, so identified needs. Each self-paced module contains critical content that is reinforced After the initial assessment, technicians are assigned to training modules based on their Training of technical areas. competency to a detailed level of theory, application, and diagnostic ability in a number objectively baseline knowledge in specific areas. Each assessment measures technical Our comprehensive online skills assessment allows technicians and managers to Assessment for our technicians. to create an interactive learning experience –teaching and learning solutions worldwide a leading provider of innovative –Cengage Learning/Delmar Transit has partnered with their individual skills and suitability for the Rochester Public Transit contract. First All First Transit technicians undergo a basic skills assessment upon hire to determine BASIC SKILLS ASSESSMENT Our well-trained technicians make the repairs right the first time. for example. the-job training provided by our suppliers such as AC/Delco and Ford Motor Company, Managers and supervisors may log into the system at any time to monitor technician 267 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 26 ningiPaid Tra trainingpaid ASE Certification our employees through nvests in First Transit i employee will receive a $.05 per hour bonus in addition to his/her regular rate While working to earn his/her second Master Technician Certification, the ·employee will receive an additional $.15 per hour bonus Upon earning his/her first Master Technician Certification, the –completed employee will receive a $.15 per hour bonus for each ASE test successfully While working to earn his/her first Master Technician Certification, the ·each hour they work. First Transit’s commitment to training and the ASE certification program is made ASE BONUS PROGRAM fleet and vehicle downtime. reducing unnecessary repairs to the —time a vehicle is maintained by First Transitmeans that Rochester Public Transit always receives the best service quality each ASE certification of our technicians and Blue Seal shop designation for the location one technician earning double master ASE certifications. the United States. All Rochester technicians have some sort of ASE certification, with Transit has technicians with over 2,700 ASE certifications at our contract locations across require our technicians to become Automotive Service Excellence (ASE) certified. First engine repair, etc. front-end alignment, brakes, air conditioning, electrical, and repair. These tests are grouped by specialty including than 18 tests that measures skill level in vehicle maintenance Excellence. The ASE training program has a series of more provided by the National Institute for Automotive Service Our technicians attend training and certification testing ASE CERTIFICATION through their customized training program. curriculum to encourage technicians to continue progressing Usage Report to track of hours dedicated to the training activity within the training program. Supervisors and managers can produce a Course 268 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 27 Ball joint press ·King pin press ·Belt tension gauge ·Toe in gauge (check alignment toe in) · impact wrench ¾” ·the City include: Examples of other shop equipment we will provide to augment those tools provided by support vehicle equipped with an air compressor, salt spreader and other support tools. In addition to providing maintenance equipment, First Transit will also provide a shop maintenance service vehicle. satisfactorily with all requirements of this RFP, including the requirement for a Describe the availability of sufficient maintenance support equipment to comply of technicians for improved service delivery. manufacturer specific training. The purpose of vendor training is to improve the skill set visit our locations sites to instruct technicians in a variety of areas such as electrical and AC/Delco, Cengage Learning/Delmar, Noregon Diagnostics, General Motors, Ford, etc. equipment manufacturers (OEM) and national parts suppliers. Trainers including Additionally, we provide an additional benefit from our relationships with original team. Public Transit location maintenance personnel to facilitate additional training for the experienced in all aspects of vehicle maintenance. These persons will visit the Rochester First Transit employs two full-time travelling maintenance trainers who are highly MAINTENANCE TRAINING SUPPORT to this proposal. AttachmentsPlease see a detailed chart of our ASE Bonus program structure included in the for the recognition of their contribution to the Blue Seal Shop certification. employees who contribute toward the team based certification are rewarded who has at least one ASE test passed. The Blue Seal Shop bonus insures that Blue Seal Certification pays an additional $0.15 per hour to any technician ·per hour bonus Master Technician Certification, the employee will receive an additional $.05 Upon earning his/her second –for each ASE test successfully completed 269 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 28 FirstBase Maintenance Information System Nationwide, First Transit most typically utilizes the zed. xmaensuring that the capabilities of the system are have become expert users of this important tool, software, including the JD Edwards software provided by the City of Rochester. We First Transit has years of extensive experience with all types of fleet maintenance to adequately track the performance of a fleet. including a description of software used and reports and processes developed The Contractor will describe their experience with fleet management software functions. Transit plans to utilize the Corporate Clean, LLC Company to perform the utility worker cleaning and probing the fareboxes. Subject to City approval under a new contract, First vendor to service the fixed route and paratransit buses on a daily basis including fueling, buses. However, as noted elsewhere in our proposal, First Transit does plan to use a DBE not proposing to utilize any subcontractors to do the actual maintenance work on the While First Transit will utilize some maintenance vendors such as tow companies, we are is to be submitted with the proposal A list of all subcontractors contemplated for use in the maintenance department RFP, as well as a maintenance service vehicle. Transit already has the support equipment in place to satisfy the requirements of this incumbent provider of maintenance services for Rochester Public Transit, First anmany shared tools at the City maintenance facility. close partnership our local staff have developed with City maintenance staff in the use of equipment and safety tools to successfully do their jobs. We also greatly appreciate the and the technicians and subcontractor utility workers are supplied the necessary safety First Transit will remain proactive in ensuring our Maintenance Manager Roger Ritchie Tire dolly ·Fluke digital multimeter · 270 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 29 Work analyses · Inventory analyses · dateTotal maintenance costs to · Monthly PM reports ·MIS system reports provide the following information on each vehicle: lem vehicles, and miles between road calls for each vehicle. First Transit’s drivers, probWe generate database reports to identify problematic systems, repeat repairs, problem Transit locations and to identify any recurring maintenance trends that will be addressed. types. Roger Ritchie will review monthly reports to compare statistics between First corporate teams to develop trend analysis reports across similar contracts and vehicle We implement FirstBase in all of our maintenance shops to allow our region and making Third-tier reports supports higher-level management reviews and decision ·Second-tier reports provide summary information for line management ·Low-level reports support technician activities ·into the following reports: maintenance operation, searchable by fleet or individual vehicle, and consolidates tasks management personnel with daily maintenance and supervisory tasks. It tracks our entire FirstBase includes multiple levels of concise reporting that assists technicians and Exception reports · Tailored reporting · Delays and reasons for delays · progressWork orders in · Completed work orders · Status reporting · inputData validation checks at data · Training Records · Overhead costs · efficiencyFuel and oil consumption and · Vendors for outside repair · Technician productivity · Parts inventory · Repairs · ive maintenance Prevent ·maintenance activities: FirstBase is a flexible system that simultaneously tracks and monitors the following vehicle in ‘like new’ condition.information needed to keep each Rochester Public Transit -day management decisions. This provides our maintenance team with the tosupport day-the unique requirements of a bus fleet, FirstBase captures and supplies critical data to supervision utilizing our Paperless Shop system. A transit-specific software designed for (FirstBase) software platform for vehicle maintenance files, reporting, and task ·271 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 30 Mop floor and step wells · Remove any graffiti/insect remains · Clean side panels, as needed · Clean interior windows · vehiclefrom inside Remove all trash · Dust interiors · Wash and scrub exterior ·Our vehicles undergo the following cleaning and washing procedures: strict standards of First Transit and the City. training to the Corporate Clean employees and ensure that their performance meets the Minnesota company with 20 years of experience. First Transit will provide in depth by our DBE partner, Corporate Clean LLC. Corporate Clean LLC is a locally owned, chester Public Transit, all vehicles operating in our fleet are cleaned on a daily basis RoRochester communities we serve. To preserve the favorable view of First Transit and the clean vehicle adds to the positive image we want to convey to our passengers and the A including a staffing plan. , The proposal shall describe the interior and exterior vehicle-cleaning program recording. Any parts found to be defective are replaced with OEM components. hardware components as well as verifying that each camera is operational and the DVR is Video systems are checked during each Preventive Maintenance inspection, inspecting . in the City’s buses with manufacturer specifications and service intervals First Transit will continue to maintain the Safety Vision video systems in accordance recording equipment maintain and ensure proper operational condition of all on-board video The proposal shall include a description of how the Contractor intends to records of all subcontract workTotal cumulative and detail · equipment specificationspment of vehicle and Develo · and recommendationsVehicle replacement analyses · measurementEmployee performance · Exception reports · work ordersSummary and detail reports on · Downtime by vehicle category · PMNumber of vehicles receiving · service callsNumber of · Number of work orders · Special billing reports 272 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 31 IMMEDIATE Remove graffiti X seatsReport all damaged X static spray-(ONLY) with antiarea, etc.) Treat dashboard front dash board, above driver box, dash controls, dash board, Operator's Compartment (fare as needed)Once (or more often (including windshield, mirrors)windows Clean inside of all X Empty trash as needed)Once (or more often Clean Seat Frames/Backs as needed)Once (or more often Clean Side Panels/Ceilings X empty trashPick up paper, gum, debris & IMMEDIATE Body Fluid Removal needed)as Once (or more often Mop floor X ) floorvacuumSweep ( Interior as needed)Twice (or more often rims)Clean wheels & rims (hand scrub as needed)Twice (or more often Wash Exterior of Vehicle Exterior Other Weekly Daily Taskpositive image to our public. a are clean and present contract and/or in accordance with First Transit cleanliness standards ensuring that buses All cleaning activities will be conducted at intervals required by the City of Rochester vandalized componentsRepair or replace broken, cut, torn · Wipe clean dash · Clean all stanchions and grab bars · Sweep floor to remove dirt, etc. · Inspect 273 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 32 remove it from the interior and exterior of all vehicles. Our drivers and maintenance We have a zero tolerance policy for graffiti, and have instituted a program to detect and GRAFFITI AND VEHICLE REPAIR Yearly-Semi fender wallsdash, tires, bumpers and rubber Protective coating applied to Yearly-Semi Clean interiors of dome lights Yearly-Semi Wash and polish wheels Yearly -Semi underneath; replace seatsrequiring tools, for cleaning and triple seat cushions, not Remove all side and rear double Yearly-Semi cleanersmixed concentrated window purpose cleaner, aerosol or -allusing industrial cleaner, aerosol clean the vehicle thoroughly, interior areas of the vehicle and materials from the seats and other Remove any and all foreign Yearly-Semi ceiling or seatsstuck to the floor, sidewalls, other substances that may be thoroughly; remove gum and Sweep and vacuum interior Yearly-Semi dash/dusting, sweep and vacuumsidewalls, widows, ledges & Clean ceiling, grab rails, Yearly-Semi Wash exterior of the vehicle DETAIL Clean (At least every six months, more often when needed) X compartment attached in the driver’s fully stocked and properly accident kit to ensure it is 274 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 33 In the event of a road call, the following procedures take place: operating costs and leading to fewer vehicle defects. reducing —vehicle is returned to service. First Transit does not defer maintenancemaintenance, and to take the important step of completing all possible repairs before the Additionally, First Transit technicians are trained to efficiently perform preventive often detect minor faults before they become high priority maintenance issues. careful monitoring of bus performance during service, and final post-trip inspections line of defense against unscheduled maintenance. Thorough pre-trip vehicle inspections, -day operations. Our highly trained drivers are the first toattention to detail during day-First Transit’s driver and technician training programs have helped create greater repairs are made quickly and thoroughly. help us resume normal route operations as soon as possible, while mechanical or body never lose focus on the safety of our passengers, drivers, and staff. Replacement vehicles day. When vehicles experience mechanical failures, we react with a sense of urgency but We are committed to maintaining on-time performance and exceptional service every resource allocations to support the plan. The proposal shall describe the approach to service call management and orders related to the drivers’ findings.update maintenance with any necessary work forwarded to dispatcher/supervisors who blemishes are noted on inspection reports and impact the appearance of the vehicles. Any scratches, and graffiti that may negatively inspections, paying close attention to dents, Drivers perform pre-trip and post-trip graffiti-free vehicles. passengers with clean, well-maintained, and teams are committed to providing our Step 275 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 34 for review by the Maintenance Manager.road call form will be completed and filed in a designated location Upon returning to the yard the available for service and parked. made. Upon completion of repair the vehicle will be made repairs are service until the-of-again. The vehicle will remain outnecessary repairs required for the vehicle to be made operational replaced, a work order will be generated immediately detailing the consuming or unable to be repaired on the spot. When a vehicle is e Switch out the vehicle in the event the repair would be too tim · the problem in the field.Return the vehicle to service if the mechanic succeeds in rectifying · facts on the report and notify operations.vehicle to service if no defect is found, document the Return the · following actions to take:The mechanic and maintenance foreperson then decide on which of the will make repairs, if possible. The mechanic will determine the extent of the maintenance work needed and location of the vehicle.e defects and the report is filled out, providing a brief description of thOnce the mechanic arrives at the scene, the problem is verified and a road call 3 minutes after notification.to an available mechanic, who will depart the bus yard no later than ten road call form If repairs can be made, the maintenance supervisor issues the If the vehicle is stalled, a tow will be dispatched rather than a mechanic. 2 Pertinent safety information · Remedial actions taken by the driver and results of those actions · ervice failure Any input from the driver regarding the s · Location of vehicle and direction it was driving · Time of the incident · Driver name · records it on a road call form. Information includes:report. This information is then passed on to the maintenance foreperson, who The dispatcher records all pertinent information on a service interruption 1 Task 276 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 35 vehicles out of service for maintenance. Along with maintenance managers, our Supervisors oversee the PM inspection process, developing weekly schedules to take be placed into service. If the unit cannot be repaired, maintenance will notify dispatch and a pre-tripped bus will does a final interior and exterior inspection The post-trip inspection, completed as the operator shuts down the unit and · operation, recorded in the driver’s report The documentation of any abnormal noise, vibration or smell during ·vehicle inspection accurately and electronically The initial pre-trip inspection and the legal requirement to complete the daily · training and refresher courses. The operator’s responsibilities include:s emphasized in driver importance of the operator’s role within the maintenance process i maintaining First Transit and Rochester Public Transit standards of excellence. The The daily vehicle inspections conducted by our operators are critical to achieving and detailed explanation of how this form will be utilized. form or an electronic format meeting State requirements to be used and a The proposal shall include a sample of the vehicle operator pre-trip inspection return. accurate records of all service calls whether the vehicle is changed-out or repaired upon conducted on every road call performed. We will maintain isA failure analysis review minimize lost service scheduled and staged strategically every weekday as a contingency plan to Dispatch arranges an exchange with a spare vehicle. Standby vehicles are ·The driver informs dispatch of the problem while continuing the route ·passengers. In those situations, the following steps are taken: There are occasions when mechanical failures do not pose a safety risk to drivers and process. will be attached to the service interruption report assist in the investigation A copy of the mechanics repair order reviewed to identify areas of concern. d call reports are prepared by the maintenance clerk and are Monthly roa 4 Task Step supervisors will ensure that the fleet is adequately staffed and outfitted to provide 277 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 36 cost-effective maintenance for our client. which was proactively corrected to ensure both the safety of the vehicle for our passengers and first is a good sample, requiring no additional maintenance, while the other was a poor sample, , we have provided two oil sample reports pulled from the same vehicle. The AttachmentAs an engine, as well as the time, labor, and cost associated with such a repair. entire engine. Instead, the worn parts were replaced at minimal cost, which saved the catastrophic failure would have occurred, which would require the replacement of the high aluminum content. Upon investigation, the timing chains and guides were worn As an example, an oil sample of a vehicle returned with an analysis evidencing maintenance is conducted. identifying components that are about to fail, to proactively maintain the Rochester inbefore they turn into a catastrophic failure. Oil samples are a vital tool These reports are an important part of our PM program to identify engine problems interval of 24,000 miles. Additionally, a sample of transmission fluid will be taken and sent out for analysis at an Ritchie for review, and corrective action if needed. If a discrepancy is found, the vehicle designated laboratory for analysis. Results are sent to Maintenance Manager Roger Our technicians capture an oil sample drawn from the filler tubes 500 miles before the requirements. analysis program and how that program will comply with the City’s minimum iled explanation of their standard oil Contractor’s proposal shall provide a deta. AttachmentA sample of our driver inspection form has been included as an uninterrupted service to our passengers and clients. 278 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 37 mechanical repairs needed by the Rochester Public Transit fleet. equipment in place necessary to perform periodic service, adjustments, and make As the incumbent maintenance provider, First Transit already has all the tools and adjustments and make mechanical repairsb) All tools and equipment necessary to perform periodic service and by the Rochester Public Transit fleet. equipment in place necessary to perform all preventative maintenance and repairs needed As the incumbent maintenance provider, First Transit already has all the tools and Section 2.4.8)owned tool boxes.) (RFP -space for such tools, including mechanic and repair activities required by the Contract (The Facilities’ shop has preventive maintenance All tools and equipment necessary to perform the provide the following: Contractor’s proposal shall also detail, at a minimum, how Contractor will warranty” repairs.-of-as well as preventing subsequent costly “out safety requirements, and ensure that the vehicle performs at maximum efficiency and meets all manufacturers’ scheduling. Firstbase MIS will be used to monitor the vehicle during its warranty period Manufacturer recalls or modifications to equipment will be used for updating and General Manager as to the expiration date of each warranty. check that our technicians perform the service. This system will automatically notify our The Annual Services Schedule will be used to note any required warranty service and will be reimbursed directly to the City of Rochester by the equipment manufacturer. associated with management and repair of Rochester Public Transit’s fleet. Such work We will continue to administer the warranty program, both for vehicles and parts, award of the Contracdetailed plan that is submitted by the successful Contractor 60 days after approach in this Segment is an overview of the process, which differs from the to crediting the City for warranty reimbursement. The explanation of the and their plan for obtaining maximum warranty coverage, especially in regard The proposal shall explain the Contractor’s approach to monitoring warranty, Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents279 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 38 Transit Asset Management Plan Page 39 280 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 40 281 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 41 282 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents283 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 42 Transit Asset Management Plan Page 43 284 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 44 285 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Every 6000 Miles 286 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 45 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents Every 6000 Miles Every 6000 Miles Every 24000 miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles 287 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 46 48000 Every 48000 miles Transit Asset Management Plan Page 47 288 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Every 48000 Miles 289 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 48 Every 24000 miles Every 6000 Miles Every 48000 Miles Every 6000 Miles 290 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 49 Every 48000 miles Every 6000 Miles 291 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 50 Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles Every 6000 Miles 292 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 51 Every 6000 Miles Every 6000 Miles Transit Asset Management Plan Page 52 293 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 53 294 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 54 295 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 55 296 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 56 297 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Every 6000 Miles 298 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 57 Transit Asset Management Plan Page 58 299 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 59 300 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 60 301 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB SOP P022 Minor Warranty in FirstBase 302 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 61 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents premises.This procedure applies to all First Transit locations that maintain company stores on their SCOPE Ø .SM This SOP is established a policy for minor warranty claims using FirstBase.Info PURPOSE Ø parts stores according to First Transit policy.Maintenance or Parts Room Managers are responsible executing and maintaining the RESPONSIBILITY Ø and Guidelines, First Transit Preventive Maintenance Manual, and requirement as stated Environmental Maintenance Manual, First Transit Safety Manual Policies, Procedures, This policy should be read and administered in conjunction with The FirstGroup America President of Maintenance.prior to implementation by the First Transit Senior Vice Any variances from these standards must be approved legislation.accordance with First Transit Operating Procedures and all relevant available to meet all operational requirements at optimum cost and in in a SAFE, RELIABLE and CLEAN CONDITION. Vehicles must be The goal of this SOP is to ensure that all vehicles are maintained GOAL Ø Important: Responsible Personnel Are Required to Initial and Date the Receipt of this document DateInitials Document: 1 Page of 6Last Revision Date: Issue: Effective Date: April 2011Minor Warranty in FirstBaseNumber: P022Standard Operating Procedure Description: Page 1 of 6 SOP P022 Minor Warranty in FirstBase 303 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 62 to the right of the inbox and press the refresh button.3. To view Minor Warranty counts in the Minor Warranty inboxes check the boxes to the home page.2. Uncheck the auto refresh check box so the inbox won’t calculate every visit back c. MYWAR361 Response Received - Shopb. MYWAR260 MW Filed - Shopa. MYWAR161 MW Pending - Shopthe following inboxes from the home screen under the personalize button. (FirstBase) to monitor minor warranty. Add SM 1. Create inboxes in FirstBase.InfoMinor Warranty is warranty on replacement parts that fail prior to there useful life. PROCEDURE Ø Page 2 of 6 SOP P022 Minor Warranty in FirstBase 304 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 63 return back to the claim screen use the F11 key or the back arrow.on the work order number and the system will drill down to the work order. To 6. If more information is needed about the claim from the work order double click number 10. Separate parts by activity.Do not dump all the parts in activity associated to the proper activity number. In order for this process to work properly parts should be PLEASE NOTE: the status to “961 Invalid Claim”. should not be warranty insert the reason under the comments tab and change 5. Review the MW Pending claims for possible warranties. If you fi nd claims that are assigned to you.you will be taken to pending Minor Warranty claims (OMCLAI) for locations that warranties that need Maintenance Manger attention. Double click this inbox and 4. After the inboxes are refreshed the count in the MW Pending are possible Page 3 of 6 SOP P022 Minor Warranty in FirstBase 305 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 64 7. Click on the “More” button to see second page of the screen.Page 4 of 6 SOP P022 Minor Warranty in FirstBase 306 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 65 961MW invalid claim463MW closed- check462MW closed-credit461MW closed- parts260MW fi led- shop161MW pending- shop MINOR WARRANTY STATUS 5) Go to original PO and cancel the outstanding quantity4) Process the credit using the return check box in “PMINVO”3) Complete “SMRETN” This will remove the part from inventory2) This will credit 54221 running cost and debit 11721 parts inventory1) Find work order that part #XXX was charged to return part to inventory Part #XXX fails prematurely the vendor issues a credit for the part.Scenario 2:3) The new physical part goes back to the appropriate bin in your store room2) This will credit 54221 running cost and debit 11721 parts inventory1) Find work order that part #XXX was charged to return part to inventorypart. Part #XXX fails prematurely the vendor furnishes a new part to replace failed Scenario 1:processed:Below are two scenarios describing how the fi nancial portion of the claim should be c. 463 MW Closed Check Receivedb. 462 MW Closed Credit Receiveda. 461 MW Closed Parts Receivedare:different statuses for close depending on the type of payment received. They 11. After all payments are received the claim needs to be closed. There are three used to determine the dollar value of Minor Warranty you are receiving.if the value is an exchange part enter the value of the part. This number will be 10. When payment is received list the value received on the “More” screen. Even to “360 Response Received - Shop. Fill in comments as to the action the vendor 9. After vendor contacts you with the action that is going to be taken change status the person talked to and the action to be taken by the vendor.change the status of the claim to “MW Filed”. In the comments section document ask for credit for labor spent to exchange part. Once the vendor is contacted payment for the claim. Payment can be a credit, check or exchange part. Also 8. After determination is made that a claim is valid work with vendor to received Page 5 of 6 SOP P022 Minor Warranty in FirstBase 307 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 66 TO THIS DOCUMENT AT ANY TIME.THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES AND/OR REVISIONS POLICIES AND LIKE DOCUMENTS. THIS STANDARD OPERATING PROCEDURE SUPERSEDES ALL PREVIOUS the application of the law, contact your supervisor for assistance.where there is a confl ict with this policy. For additional guidance with regard to NOTE: Federal, State, Provincial and Local laws may prevail in circumstances Page 6 of 6 SOP P029 Warranty Claim Submissions 308 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 67 Attachment 5 - First Transit Maintenance Plan and Combined Maintenance Documents premature failures. le warranty claims for all fi To ensure all First Transit locations performing vehicle repairs PURPOSE Ø component fails prematurely. for each Work Order (WO) requiring reimbursement from a manufacturer when a SM InfoThe Maintenance Managers are required to submit warranty claims in the FirstBase.requesting warranty reimbursement.This procedure applies to all First Transit locations that operate and/or maintain vehicles RESPONSIBILITY Ø in the Vehicle Manufacturer’s Manual.and Guidelines, First Transit Preventive Maintenance Manual, and requirement as stated Environmental Maintenance Manual, First Transit Safety Manual Policies, Procedures, The policy should be read and administered in conjunction with The FirstGroup America President of Maintenance.prior to implementation by the First Transit Senior Vice Any variances from these standards must be approved legislation.accordanc e with First Transit Operating Procedures and all relevant available to meet all operational requirements at optimum cost and in in a SAFE, RELIABLE and CLEAN CONDITION. Vehicles must be The goal of this SOP is to ensure that all vehicles are maintained GOAL Ø Important: Responsible Personnel Are Required to Initial and Date the Receipt of this document DateInitials Document: 1 Page of 6Last Revision Date: Issue: Effective Date: April 2011Warranty Claim SubmissionsNumber: P029Standard Operating Procedure Description: Page 1 of 6 SOP P029 Warranty Claim Submissions 309 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 68 This provides the information for status of warranty claims for both O.E.M. and Parts.Following is a chart discribing the basic stages in the warranty process:(O.E.M.) while the local shop handles individual part claims.The Claims Center usually handles all warranty against the Original Equipment Manufacturer originating shop. Warranty claims are handled two ways, by the Warranty Claims Center and through the Completion of warranty claims● Follow up on warranty claims● Initiating warranty claims● provides for handling of warranty including:SM The FirstBase.Info PROCEDURE Ø or customer-owned vehicles.This procedure applies to all First Transit locations that operate and/or maintain company SCOPE Ø system.SM FirstBase.InfoTo maintain a process for monitoring submitted warranty claims through the current reimbursed for repairing the failure. led with the manufacturers on a timely basis and the location is fi Ensure claims are Page 2 of 6 SOP P029 Warranty Claim Submissions 310 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 69 click on "GO".To view the current warranty claim status type "OMCLAIM" into the address window and return it to the shop and change the status 111 for your shop to process. for accuracy and either send it directly to the manufacturer and change the status to 112 or The initial claim in status 110 is only visible at the Warranty Center. They review the claim Major Warranty Viewing Warranty Claim Status shop.Make sure to note when this happens in order to follow up on all warranty items for your will automatically be checked. reason, failue and System Level. If the affected part is warrantied, the Warranty check box lling out a work order, under the Activities Tab to insert codes for the type, fi When you are . SM by FirstBase.Infocompleted, any items, systems or parts that are covered by a warranty should be triggered Filing a Warranty Claim is almost automatic. Once the Work Order (WO) is properly Filing Warranty Claim Page 3 of 6 SOP P029 Warranty Claim Submissions 311 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 70 To force a warranty claim simply click the warranty check box.creation.different than the one on the warranty agreement will not trigger the automatic warranty replacement part has a new number for a part still under warranty. The new part number, At times it may be necessary to force a part into warranty. An example would be when a Forcing and Overriding Warranty warranty will be automatically generated when the WO is completed.The process for Parts Warranty is similar to Major Warranty with a few differences. The Part Warranty location.the boxes above. This screen allows you to check on status of claim submitted from your The warranty status (110) and type (MAJOR WARRANTY) will be displayed as shown in below: ll in as shown fi in the appropriate box and press "F8" to submit the query. The window will View", press "F7" for Query mode. Input the part number or WO number (as in oval below) nding the warranty status by going to "Record fi Once in the OMCLAIM window, one way of Page 4 of 6 SOP P029 Warranty Claim Submissions 312 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 71 TO THIS DOCUMENT AT ANY TIME.THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES AND/OR REVISIONS POLICIES AND LIKE DOCUMENTS. THIS STANDARD OPERATING PROCEDURE SUPERSEDES ALL PREVIOUS the application of the law, contact your supervisor for assistance.where there is a confl ict with this policy. For additional guidance with regard to NOTE: Federal, State, Provincial and Local laws may prevail in circumstances FirstBase.Info-Warran ty Basics - Part 5_MonitoringFirstBase.Info-Warranty Basics - Part 4_Overriding and Forcing WarrantyFirstBase.Info-Warranty Basics - Part 3_PARTSFirstBase.Info-Warranty Basics - Part 2_OEMFirstBase.Info-Warranty Basics - Part 1_OVERVIEW ling warranty claims:fi There are several training modules to help with http://vms.sololearning.com/ For more information on submitting and tracking warranty claims go to: Solo Learning Director of Warranty and Campaigns located at 45 Anderson Road Buffalo, NY 14225.All issues pertaining to warranty and campaign should be directed to the First Transit Contact Information reimbursement. led beyond time limits for warranty fi the manufacturer or rejection because the claim was qualify for reimbursement. Sending the claims as soon as possible will prevent denials by ALL warranty claims must be submitted as soon as repair(s) are completed in order to Timely Submissions return a requested core for warranty will result in claim denial/reversal.retained. The cost of the new part and core charge must be applied to the WO. Failure to les for warranty, the failed part must be fi If a First Transit shop completes the repair and responsible for the core. le for warranty, the dealer is held fi Should a dealer complete a warranty repair and Core Money This will help you to ensure you receive all the credits due your location.Use the OMCLAIM screen to track and monitor warranty claims submitted by your shop. Monitoring Warranty Claims Center, then sent back to the Shop for submission to the manfacturer.The warranty will then be sent through the same process for approval by the Warranty Page 5 of 6 SOP P029 Warranty Claim Submissions 313 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 72 This Page Intentionally Left Blank Page 6 of 6 Attachment 5 - Vehicle Inspection Report314 DocuSign?Envelope?ID:?094287F1-7789-4B11-8687-79B87F3709BB Transit Asset Management Plan Page 73 1 315, the Services Agreement called for the Parties to enter into Additional WHEREAS”); and Services AgreementTransit Services Agreement on August 22, 2022 (the “, in furtherance of these mutual promises, the Parties entered into the Link WHEREASpaying for a portion of the cost of the Services to be provided; andfor this service to Mayo Employees, Mayo has agreed to contribute to the costs of the LINK by replace Mayo’s shuttle service along the LINK Route), and in recognition of the benefit to Mayo , in exchange for the City providing the LINK (which will, for the most part, WHEREASfunding necessary to provide the Services; andStarts grant solely for the LINK through the Federal Transit Administration, as well as other construct and purchase assets for the LINK, the City plans to obtain funding, including a Small , in order to make the project financially feasible for the City to design, WHEREASthat is used by Mayo’s Employees, patients and guests; andpublic and Mayo Employees that is greater than or equivalent to Mayo’s existing shuttle service the City and Mayo desire to establish a rapid transit service standard for the WHEREAS, Center, Mayo Clinic campuses, and the Rochester-Olmsted Government; andStreet SW that will connect downtown Rochester, the Mayo Civic nd rapid transit route along 2in furtherance of these goals and purposes, the City will construct a 2.8-mileWHEREAS, residents, employees, and visitors; and congestion, prepare for growth, support sustainable development, and improve quality of life for reduce the need for parking spaces in downtown Rochester, alleviate present and future traffic , the City and Mayo intend to create a system that will expand transit options, WHEREASserve a public purpose and will benefit both Mayo and the general public; andWaterfront Southeast in order to alleviate traffic congestion in downtown Rochester, which will connect downtown Rochester, the Mayo Civic Center, Mayo Clinic campuses, and the Downtown , the City and Mayo share the goalof providing transportation services to WHEREASserve the public; and, the City is in the business of providing transportation services in order to WHEREASRochester, Minnesota 55905, on its own behalf and on behalf of its affiliates and subsidiaries. Street SW, st, a Minnesota nonprofit corporation, with offices at 200 1AND RESEARCHMAYO FOUNDATION FOR MEDICAL EDUCATION Rochester, Minnesota 55904, and Street SE, th, a Minnesota municipal corporation, with offices at 201 4CITY OF ROCHESTER”) is entered into as of ________________________, 2024, by and between the CCAgreement“(the LINK TRANSIT CONSTRUCTION COORDINATION AGREEMENT This CONSTRUCTION COORDINATION AGREEMENTLINK TRANSIT RC110\\129\\966817.v1 2 316 Improvements and Mayo Improvements. means, individually or collectively as the context requires, the City “Improvements” basis.by Destination Medical Center Corporation to replace the foregoing individuals on a one-for-one or such individuals appointed Patrick Seeb and Jamie Rothemeans“DMC Representatives” Improvement.means the connection point between a City Improvement and Mayo “Connection Point” attachedhereto.Exhibit Ameans the areas identified on “Connection”Project Manager, Link Construction Manager, and Transit and Parking Managermeansthe City Director of Construction, Assistant City Engineer, Link “City Representatives” to them by the Services Agreement. The following terms are defined as follows:The capitalized terms used but not defined in this CC Agreement shall have the definitions given DEFINITIONSI.are hereby acknowledged, the Parties agree as follows:in this Agreement and other good and valuable consideration, the receipt and sufficiency of which ,in consideration of the mutual covenants and promises contained NOW THEREFOREof the Improvements, the parties wish to agree to certain terms as set forth in this CC Agreement. , in order to describe the responsibilities of each of the parties for construction WHEREASand limited to all necessary construction easements) needed for construction of the City Improvements; the City will acquireall necessary property interests (including but not WHEREAS,deliver a high-quality project, and facilitate efficient operations and maintenance; minimize as much as reasonably possible community and business impacts and disruption and , the Parties desire that the City Improvements be constructed in a manner to WHEREASImprovements and Connections, which work is the subject of this CC Agreement; and, certain City Improvements and Mayo Improvements will be Joint WHEREASwhich work under the Services Agreement is solely the responsibility of the City; and , along the LINK route, the City will construct certain City Improvements WHEREASestate portion of those Site-Specific Agreements; and , the Parties agree that this CC Agreement serves the purpose for the non-real WHEREASproject; and Agreementsincluding Site-Specific Agreements related to the construction phase of the LINK 3 317 Approval of Plans. The Parties acknowledge that, at the time of this Agreement, they have A.the Services Agreement, the following pre-requisites must be satisfied. Prior to commencement of construction of the Improvements, in addition to any pre-requisites in PRE-CONSTRUCTIONIII.or the Service Start Date.terminate upon the earlier of the following: termination or expiration of the Services Agreement This CC Agreement will commence and be in effect as of the date first written above and will TERM OF CC AGREEMENTII.Improvement. in the form of a request for bids or a request for proposals for a contract to performwork for a City a formal advertisement by the City in compliance with Minnesota Statute § 471.345 “Solicitation”Solicitations. The City shall use the Plans for the City Improvements as the basis to prepare and publish attached hereto. Exhibit Cmeans the drawings and plans attached and/or referenced in “Plans”Representatives , DMC Representatives, and Mayo Representatives. means the group of individuals comprised of all of the City “Project Management Team”replace the foregoing individuals on a one-for-one basis.and Support Services, Project Manager –Facilitiesor such individuals appointed by Mayo to Facilities and Support Services, Division Chair –Facilities Services, Division Chair –Facilities meansthe individuals serving in the roles ofChair–Department of “Mayo Representatives” Improvements after the completion of such Plans. means a modification proposal by Mayo to the Plans of the City “Mayo Modification” or controlled real property. Mayo Improvements include Mayo Joint Improvements.to occur on Mayo-owned Exhibit Bmeans the work identified on “Mayo Improvements” means the Improvements that are not Joint Improvements. “Not-Joint Improvements” Vertical circulation, Connection, and the Connection Point. At St. Mary’s Station:·controlled by the other Party, including: by one Party abuts to and requires coordination with work to real property owned or means any Improvement where real property owned or controlled “Joint Improvement”owned or controlled property. vertical connections, Connections and other work, all of the foregoing to the extent on City-means the LINK Stations, Plaza, BAT Lanes, City rights-of-way, “City Improvements” 4 318 Solicitations. Solicitation. The City retains the authority to determine whether to issue further acceptable to the City, the City and Mayo shall meet and discuss potential revisions to the entire or partial bid or proposal. Ifthe City does not receive any bids or proposals that are Rejection of Responses or Bids.The City, in its sole discretion, may reject any 3.City. Mayo the available public information regarding the bids and/or proposals submitted to the it applies to any data reviewed by that representative. The City, following award, will give procurement andmust agree to abide by the Minnesota Government Data Practices Act as 1d,and the City’s general policies and procedures related to federal third-partypart of the scoring team must be trained as required by Minnesota Statute § 16C.28, subd.scoring criteria contained in the Solicitation. Any Mayo representatives participating as Evaluation. All responses to Requests for Proposals will be scored according to the 2.determine the relative weight of all selection criteria. discretion. In the case of Requests for Proposals, the City will have sole discretion to any Mayo-requested specifications that are acceptableto the City in its reasonable All Solicitations in the form of Requests for Proposals for Joint Improvements will include discretion to determine the number and type of Solicitations for the City Improvements. the City Improvements using the Plans for the City Improvements. The City has the sole Preparation of Solicitations. The City will prepare Solicitations for construction of 1.City Contracting Process.C.Improvements. The Parties shall cooperate with each other’s pursuit of Approvals needed for their respective cost and expense, the obtaining of all Approvals required to construct the Mayo Improvements. the City Improvements. Mayo shall pursue with commercially reasonable diligence, at its sole ”) to construct Approvalsuse, building permits, and other permissions necessary (collectively, the “Regulatory Approvals. The City shall obtain, at its sole costand expense, all necessary land B.below. City Improvement Plans.The City will update the Plans subject to Section III.D 3.plans and drawings for Mayo Improvements. Mayo Improvement Plans.Mayo has sole authority to approve the construction 2.plans and drawings to incorporate, as necessary, the Plans for the Joint Improvements. Joint Improvement Plans. Each Party shall cause its Improvements’ construction 1.further develop Plans that meet the needs of both Parties. are satisfied with the Plans. The Parties commit to continued participation in these negotiations to been engaged in extensive coordinated creation of plans for City Improvements and both Parties 5 319 Plans for the Mayo Improvements and execute change orders for any changes to Mayo Changes to Mayo’s Plans. Mayo, in its sole discretion, may make changes to the 3.the City with copies of all changes to the Plans for Mayo Joint Improvements.Mayo with copies of all changes to the Plans. Additionally, Mayo shall promptly provide Provision of Copies of Plans; Timing for Plans. The City shall promptly provide 2.Team.or non-approval,explain the basis for its disapproval to the Project Management of the Project Management Team, the City shall, at the time of such disapproval Management Team. If the City disapproves or does not approve a determination ultimate right to approve or disapprove a determination of the Project case resulting from such requested or necessary changes, the City shall have the the change or chosen option is beyond the scope of the original contract, in each extent there are additional costs, adverse impacts on the City’s schedule, or if c.City’s Right to Disapprove. In the case of either III.D.1.a or b above, to the address the necessary change and select the best option. material or process), the Project Management Teamshall identify options to unforeseen construction challenges, significant cost increase for a chosen reason outside the control of the Parties (e.g. unavailability of a material, b.Necessary Changes. In the event that changes to the Plan are necessary for any evaluation of such request. to issue a new Solicitation, shall be a part of the Project Management Team’s subject portion of work, an increased cost to the City, or would trigger a need such request resulting in a delay to the schedule for the completion of the however, the schedule, cost, or contract amendment implications of granting request and make the determination in response to such request, provided construction or material and the Project Management Teamshall consider such of the Project Management Teammay request an alternative design, a.Requested Changes. During Project Management Teammeetings, any member the Plans for the City Improvements. immediately prior to the Effective Date) and work collaboratively to consider changes to regularly (inat least the frequency in which the Project Management Teammet Project Management TeamMeetings. The Project Management Teamshall meet 1.Modifications and Change Orders to Plans.D.required to enter into any agreement with Mayo. agreements with contractors chosen by the City. No contractor chosen by the City will be this CC Agreement. Mayo is not prohibited from entering into one or more separate agreements with contractors pursuant to the requirements of the Services Agreement and Award.After selecting contractors, the City will enter into the necessary 4. 6 320\[Signature Page Follows\]obligation compared to the Services Agreement, such clarification is not a conflict.Services Agreement. To the extent this CC Agreement clarifies a standard of performance or Agreement are meant to supplement and not conflict with or supersede those provisions in the requirements related to use and operation of the LINK and that the provisions of this CC governs the relationship of the Parties with regard to LINK includes additional information and References to Services Agreement. The Parties acknowledge that the Services Agreement B.the other Party a complete set of "As-Built" plans and specifications for the Joint Improvements.As-Built Plans. Upon substantial completion of the Improvements, each Party will provide A.MISCELLANEOUS IV.. Exhibit DSite Security.The Parties will perform security in accordance with E.any concerns. the Parties will schedule tours of the City Improvements to provide progress updates and address Scheduled Site Access.From time to time during construction of the City Improvements, D.Joint Improvements so as not to delay construction of the Joint Improvements. representative who will have the authority to make decisions concerning the construction of the agreeable times during construction of the Joint Improvements. Mayo will designate a use good faith efforts to make Mayo’s authorized representative available to the City at mutually designated representative and may not in any way interfere with construction or work. Mayo shall observing the work, Mayo’s authorized representative will cooperate with the City’s Engineer or City in writing, may observe thework during the construction of the City Improvements. When Routine Site Access. Mayo’s authorized representative, or its designee identified to the C.contract administration, and inspections required to complete the Mayo Improvements.Responsibility for Mayo Improvements.Mayo will perform all construction supervision, B.Mayo as provided in Section 35 of the Services Agreement.before the City begins to work on the Joint Improvements, the City will give written notice to administration, and inspections required to complete the City Improvements. At least60days Supervision of Construction. The City will perform all construction supervision, contract A.IV. CONSTRUCTIONin constructing the City Improvements.Improvements, cause the City to incur additional cost, or causea delay of more than 7 days Improvements provided that such changes will not adversely impact the City S-1 321** Signature Page to Construction Coordination Agreement **_____________________________________________________________________________________________________________________________________ ___________Date:Its:Name:By:EDUCATION AND RESEARCHMAYO FOUNDATION FOR MEDICAL Date:______________________________________Its: City ClerkName: _____________________________________By: _________________________________________________________________________Mayor________________________________________________________________________Date:Its:Name:By:CITY OF ROCHESTERbelow., the Parties have executed this Agreement on the dates set forth IN WITNESS WHEREOF A 322 CONNECTIONDEPICTIONS OF EXHIBIT A1- C-1 323 Street Subway Connection: nd St. Mary’s Station: 2this Exhibit B.Improvements located on Mayo-owned or controlled property, including the items depicted in Certain improvements identified by Mayo in writing to the City immediately adjacent to the Joint MAYO IMPROVEMENTSEXHIBIT B C-2 324 PLANSEXHIBIT C C 325 3- C 326 4- C 327 5- C 328 6- C 329 7- C 330 8- EXHIBIT D 331 CONSTRUCTION SECURITY PLAN i 332 pages.Note: Person making change must fill in the above form and withdraw and discard old pages and replace them with revised -March 2024CommentPMOC based on Revisions RochesterCity of 1-2023November DocumentOriginal Draft RochesterCity of 0PagesDateRevision StatusDocument PartyResponsible Description of Change#Revision REVISION HISTORY MARCH 2024 SECURITY PLANAND CONSTRUCTION SAFETY ii 333 iii 334 Safety and Security Management PlanSSMPQuality ControlQCQuality AssuranceQAProject Management PlanPMPPublic InformationOfficerPIOProject Communications ManagerPCMNon-Conformance ReportNCRDeficiency Notice LogDNLConstruction Safety and Security PlanCSSPConstruction ManagerCMCorrective Action RequestCARBus Rapid TransitBRTDefinitionAcronym ACRONYMS AND DEFINITIONS iv 335........................................................................................2Figure 1: Link Proposed Route and Stations LIST OF FIGURES.............................................. .............................................15Corrective Action Procedures3.15..........................................................................................13Non-Conformance Procedures3.14................................................................................................12Inspection and Test Status3.13..........................11Inspection, Measuring, and Test Equipment Quality Control Procedures3.12..................................10Construction Inspection Procedures (Project and Fabrication Stes)3.11................................. ...................................9Process Control, including Special Processes3.10..............................................................................................................7Prod uct Identification3.9....................6Construction Procurement Procedures, Identification of Contract Requirements3.8.......................................................................6Design Control Quality Assurance Procedures3.7....................................................................................................5Design Change Procedures3.6............................... ...................5Design Review Procedures for Drawings and Specifications3.5...............................................................................................4Responsibilities of Contractors3.4.........................................................................3Responsibilities of the Construction Manager3.3............................................................ ........................................................3City of Rochester3.2..................................................................................3Overview and General Responsibilities3. 1.........................................................................................................3Roles and Responsibilities3................................................................. ....................................................2Project Description2........................................................................2Project Information and Community Relations1.5....... ............................................................................................................1Scope of the Plan1.4...................................................................... ..........................................1Purpose of the Plan1.3.............................................................................................................................1Introduc tion1.2.....................................................................................1Safety and Security Policy Statement1.1................................................1Management Safety and Security Commitment and Philosophy1.....................................................................................................................iiiAcronyms and Definitions........ ............................................................................................................................iRevision History TABLE OF CONTENTS 1 336 emergency preparedness plans and communications in support of construction for these elements.crossings, etc.) as well as related training, roles and responsibilities, interagency coordination, and centers) and right-of-way improvements (roadway markings/changes, pedestrian walkways and city streets or other public property. The Plan includes all fixed facilities (stations, depots, control The Plan covers all elements of bus rapid transit (BRT) project construction, whether on easements, more stringent requirement shall apply.and represent minimum guidelines. For any conflicts between this plan and other requirements the phase of the project. The requirements contained in this plan are not to be considered all-inclusive, minimum requirements for the City, its consultants and contractors, including subs, in the construction This CSSP applies to all project construction and construction-related field activities and defines SCOPE OF THE PLAN Manager (CM) overseeing the work of the contractor, and the contractors themselves.roles in construction safety and security that must be performed by the City, the Construction is maintained during construction of the project. Central to this Plan is an understanding of the specific This Plan outlines the requirements to ensure that the highest reasonable level of safety and security the execution of the project. acceptable requirements and procedures to be followed by contractors, consultants, and City staff in To mitigate these risks, the Construction Safety andSecurity Plan (CSSP) establish the minimum result in injury, illness, or fatality to workers or the public; damage to property; and/or project delays. including guidance for contractor construction safety and security plans, to minimize risks that may The primary purpose of this document is to provide requirements for construction safety and security, PURPOSE OF THE PLAN full project across all tasks and phases.for the project,which provides the comprehensive structure of the safety and security program for the and specifically the guidance and requirements of the Safety and Security Management Plan (SSMP) This Plan is consistent with and supports the safety and security policy goals established by the City, the highest levels of safety and securityin the implementation of the project.the construction phase, methods and policies to mitigate these risks, and the requirements to ensure and other matters commonplace with construction activities. This document identifies risks present in equipment, construction materials, fall issues, electricity exposure issues, heat and cold exposure, challenges that are often not present in other phases. These include activities related to construction The construction phase of any major project inherently contains specific safety and security and security for the construction phase of the project.This Construction Safety and Security Plan will provide guidance, policies, and requirements on safety INTRODUCTION management for the Rochester Link Rapid Transit Project (hereafter, the “project”).Plan. This policy sets for the commitment to safety and security by the City of Rochester (the City) A policy statement embracing Safety and Security is included in the Safety and Security Management SAFETY AND SECURITY POLICY STATEMENT COMMITMENT AND PHILOSOPHYMANAGEMENT SAFETY AND SECURITY 1. 2 337 Figure 1: Link Proposed Route and Stationsends of the route (see Figure 1). Olmsted Government Center with new transit-oriented development opportunities at the east and west connect downtown Rochester, the Mayo Civic Center, Mayo Clinic campuses, and the Rochester-Street SW will serve seven stations and nd proposed by the City of Rochester. The BRT route along 2The Link Rapid Transit Project (the project) is a 2.8-mile BRT route in Rochester, Minnesota, PROJECT DESCRIPTION cohesion of construction effort with public and stakeholder communications and relations.(PMP). This information is referenced in this Plan to ensure Project Management Planfound in the More information on the public engagement and community relations efforts for the Project may be that the message reaches its target audience(s). releases with the City’s Public Information Officer (PIO) to ensure consistency in the message and staff. The City’s Project Communications Manager (PCM) will review construction information press To ensure the highest quality, the City will manage the construction information program with internal and constraints to minimize disruption to businesses and everyday lives.impacts could occur. Additionally, the City will work with stakeholders on specific construction timing stakeholders, where construction impacts including lane or driveway closures or potential noise The information program will include regular updates to the community at-large, and specific intends to continue with a robust public information program.program for the project. As the project proceeds into final design and then construction, the City The City has continued to conduct a broad and intensive community and stakeholder engagement PROJECT INFORMATION AND COMMUNITY RELATIONS 3 338 safety and security efforts;Contractor plans must indicate that sufficient resources have been allocated for construction Review contractors’ CSSP to ensure compliance with the requirements detailed in this Plan. implementation of construction of the project. As such, the CM must:The Construction Manager (CM) is responsible to oversee the work of contractors in the RESPONSIBILITIES OF THE CONSTRUCTION MANAGER this CSSP are implemented.Perform audits activities or require audit activities to be performed to ensure the requirements of appropriate, calling 9-1-1 or stopping work at a site; andTake immediate action if imminentdanger exists to preserve life or property, to include, if action; injury, illness, damage, or a security incident on a project site and require immediate corrective Immediately notify appropriate parties, of any observed behavior or condition that may cause personal protective equipment requirements;plan, the CM and site operator, in appropriate construction safety and security and adhere to Ensure all City personnel accessing construction sites are properly trained, as designated by this and security plans; Advise, as necessary, the relevant parties charged with the development of construction safety contractors personnel, and any/all subcontractors;Review construction safety and security activity reports of the Construction Manager (CM), the construction safety and security for internal and external distribution;Develop and implement a communication protocol to cover the release of information related to compliance;Communicate the requirements of this plan to relevant parties charged with its implementation and be included in the contractor’s safety and security plan;Develop a safety and security plan for construction (this document) and detail the requirements to Develop a Safety and Security Management Plan (SSMP) and policy;sites within its control. Accordingly, the City must:responsibility for safety and security during construction, as far as reasonably possible, for activity and The City is the owner and sponsor of the project. As such, the City maintains a key level of CITY OF ROCHESTER construction phase.The following entities have specific roles and responsibilities to ensure safety and security during the safe and secure working conditions at all relevant locations at all times.sub-consultants, and vendors shall operate responsibly and in accordance with this Plan to ensure the Management Plan for this Project. City personnel, contractors and subcontractors, consultants and safety and security program and mission of the City as set forth in the Safety and Security All personnel on the Project must fully support, cooperate with, and comply with the construction OVERVIEW AND GENERALRESPONSIBILITIES ROLES AND RESPONSIBILITIES 4 339 properly trained for construction site activity; designated individuals to visit worksites at any time without advance announcement, if Limit all worksitesto authorized and trained personnel only; the City reserves the right for staff and Develop and test emergency procedures;awareness training for site visitors;to all contractor employees, as well as providing an appropriate level safety and security Develop and provide construction safety and security training and specialized job hazard training Works, and other departments), and other safety or security/police agencies;Comply with and operate in good faith with the City of Rochester/Olmsted County (Police, Public Comply and cooperate with audits and information requests from the CM and the City;safety and security manager or other trained designee is available during all working hours;Appoint a safety and security manager, with construction safety experience, and ensure that the all subcontractors, vendors, and visitors are familiar with the plan;Implement the approved CSSP and provide sufficient resources to ensure that all employees and code and other application regulations.andIndustries, relevant sections of the City of Rochester municipal code, Olmsted County occupational health and safety rules and regulations, State of Minnesota Department of Labor regulations, including US of Code of Federal Regulations Title 29, State of Minnesota Comply with all applicable local, state, and Federal labor and occupational health and safety practices and that security vulnerabilities are minimized;Ensure that worksites do not expose workers or visitors to any unsafe or unhealthy conditions or Work to ensure thatworksites are as safe and secure as possible for site employees and visitors; Develop a comprehensive CSSP to be submitted to the City Project Manager for approval;subcontracted. As such, each contractor must:responsible for all contracted work for the project, whether or not any aspect of this work is traffic lane approaching the work site that must be merged into an adjacent lane). The contractor is project sites and for health and safety in adjacent areas affected by the construction sites (such as a The contractors on the project are responsible for all health, safety, and security matters within their RESPONSIBILITIES OF CONTRACTORS construction sites are trained.Audit contractor safety and security training activities to ensure all personnel accessing departments, regarding site activities; andFacilitate communication with external agencies, such as the City of Rochester’s Fire or Police security capabilities of the contractors’ in the execution of project;Report to the City any safety or security concerns, including those relating to the safety and changes;work, changes in the surrounding areas, police or OSHA advisories, or other events or Audit the contractors’ CSSP to ensure that it remains current and effective, given progress of the occurrence; ensure contractor’s corrective actions have been made;investigation and conclusion on accident/incident’s root causes and methods to prevent a re-logs of safety incidents and security breaches to the CM’s log and oversee the contractor Maintain a log of safety and security events; reconcile with and compare the contractor-maintained Monitor implementation of, and compliance with, contractors’ CSSP; 5 340 shall be promptly incorporated into design documents.changes shall be issued according to a standard distribution list; changes, including field changes, changes shall be controlled using an alphanumeric system or other approved method. Design document. Superseded design documents will be marked and retained for information only. Design Change to design documents shall receive the same review and approval process as the original DESIGN CHANGE PROCEDURES personnel may be supervisors who were not actually involved in the design.the design but with qualifications at least equal to those of the originator. Consultant QA/QC review other means used to verify the design will be performed by personnel other than those who originated Design reviews, checking, calculations, alternate calculations, performance tests, peer reviews, or design analysis, qualification testing, evaluation of historical data and simulation.Design reviews shall include appropriate means of verifying design such as modeling, independent use, and that parts, materials, equipment and processes specified are appropriate tothe application. Design reviews are to determine if appropriate quality standards have been specified for the intended ensure conformance with City requirements, as well as applicable codes, standards, and guidelines.progress; ensure adherence to scope and intended function; reassess certain scope items; and "Over-the-shoulder" reviews may be conducted on a periodic basis. The reviews will monitor project calculations for verification that the revisions have been made.Step 4 –The consultant QA/QC Reviewer will again receive the plan sheets, text documents, or Step 3 –Redline comments shall be highlighted when revisions are completed.verification and response tothe consultant QA/QC Reviewer comments and questions.Step 2 –The consultant QA/QC Reviewer gives redlines to the Designer, engineer, or author for Reviewer for review.Step 1 –Provide documents to the consultant Quality Assurance/Quality Control (QA/QC) submittal. The design review shall include four basic steps:specified in the PMP. Design work shall be checked immediately prior to each design milestone Formal design milestone reviews shall be performed at appropriate stages of design completion, as the design basis has been accurately expressed and to verify the constructability of the design. concluded. Design reviews shall be performed by the design consultant personnel to determine that are compliant with the project’s design drawings and specifications after the design phase is the Design Consultant will be engaged to ensure that any new drawings or specifications necessary event a Shop Drawing or additional specification document is necessary, the City of Rochester and materials or custom components of a project that are manufactured by a contributing vendor. In the It is not uncommon for Shop Drawings or specification documents to be created for pre-fabricated SPECIFICATIONSDESIGN REVIEW PROCEDURES FOR DRAWINGS AND audits or reviews, and/or other factors.Update the CSSP as needed given changing external conditions, project progress, results of contractor on a 24/7 basis; andincluding safety and security site manager and backup to ensure the ability to reach the Provide to the City and the CM contact information of the Contractor’s key project leadership, 6 341 Engineering Consultant and approved by the City. Applicable Quality Assurance Program procurement and construction, based on the specifications developed by the Architecture and Specific invitation(s) to bid will be released for various aspects of the project, including vehicle Procedures The City attorney shall monitor procurement policies to enforce compliance with regulations.and approved by the PM for adequacy of specified quality requirements prior to release.are made in accordance with the City Procurement Policy. Purchasing documents are to be reviewed procurement lead shall oversee all procurement and work with the PM to ensure that all purchases The PM shall be responsible for procurements made for the project. The City’s public works Responsibilities Quality purchasing requirements shall be identified in the procurement documents.inspection instructions, and approval criteria for materials, processes, and product.City’s expectations, including relevant standards, drawings, specifications, process requirements, quality requirements of the project. The contract or purchasing requirements should clearly specify the All procured materials, parts, equipment, and services should meet the program, design, legal, and OF CONTRACT REQUIREMENTSCONSTRUCTION PROCUREMENT PROCEDURES, IDENTIFICATION 1.1 actions.requirements for local government purchasing and the authority and responsibilities for contracting process, including services, materials and equipment. The Procurement Policy identifies the legal The City has developed a Procurement Policy which details the requirements of the procurement serviceor product.requirements. The quality requirements placed on the vendor will depend upon the nature of the and contractors based on their being able to meet contract requirements, including quality possible, the agency to receive the best value of public funds. The City selects consultants, suppliers, The City’s policy is to secure all goods and services in an open manner that permits, whenever project quality.Procedures for ensuring the proper deployment of the products, systems and processes critical to Performance criteria.Codes and standards.Drawings.Technical requirements/specifications.Scope of work/services.Design basis and criteria.criteria shall be specified in the design documents including, but not limited to:development of software requirements, when required. Qualitystandards and appropriate quality regarding safety, reliability, maintainability and performance. Special control will be applied to the established that are consistent with the criticality of the facility, system or subsystem element following completion of the design phase of the Project, if necessary. Quality standards shall be This section relates to the quality control and assurance of any design changes to the project Design Control Quality Assurance Procedures 7 342 materials, identification, and traceability.Contractors, suppliers, or procurement organizations, will be responsible for ensuring control of Responsibilities Physical identification, control and traceability will be used to the extent possible.established and maintained for the materials for which they are responsible.Contractors and suppliers procedures for control of materials, identification and traceability will be manufacturing/construction/installation processes to delivery of final products or systems.receipt of raw materials, components subassemblies throughthe Product identification and traceability shall be required during all the various production phases from of materials into the work.Procedures shall cover activities such as receipt of materials, storage of materials and incorporation related documentation.important to the function of facilities, systems and subsystems shall be identified and traceable to all Materials, parts, components, engineered equipment, structural materials, supplies, and services and are subject to procedure control.including partially fabricated or assembled components, and required maintenance, shall be identified Materials, parts, components, engineered equipment, structural materials, supplies, and services, defective items and to ensure that only correct and acceptable items are used or installed.Items produced for this project shall be identified and controlled to prevent the use of incorrect or PRODUCT IDENTIFICATION Procurement/construction quality assurance procedures.Equipment and vehicle procurement procedures.Construction contract document review procedures.Construction procurement procedures.identified in the PMP and the City’s Procurement Policy, specifically related to:In addition to the above procedures, the project must comply with the procurement procedures , “Third Party Contracting Guidelines,” as amended.Transit Administration Circular 4220.1FFederal Cooperative Agreements to State and Local Governments;” Section 36, “Procurement;” and , “Uniform Administrative Requirements for Grants and 49 CFR Part 18and follow the provisions of For procurement contracts involving federal financial assistance, procurement officers shall review Revisions to these documents are subject to the same review as the original.the QMS are included in the procurement documents.PM as critical to project quality, are to be reviewed by the QM to verify that the requirements of Documents which are used to procure materials, parts, equipment, or services identified by the be performed by the contractor's supplier.Procurement documents for items and services will include a statement of the Scope of Work to and suppliers are to be specified.Quality Assurance Program requirements applicable to consultants, contractors, sub-contractors, address, but not be limited to, the following:requirements will be included or referenced in documents used for procurement. Requirements will 8 343 procedures shall include documentation of items such as:materials received are identified and traceable in accordance with acceptable criteria. The receipt Procedures for receiptof materials shall be established at the construction site to ensure that Receipt of MaterialsShipper name.Quantity shipped.Date shipped.Serial number.Item description or number.documentation of items such as:identified and traceable in accordance with acceptable criteria. The shipping procedures shall include Procedures for the shipping of materials shall be established to ensure that materials shipped are Shipping of MaterialsSupplier name.Reference to applicable contract section.Serial number.Item description or number.Identification shall be provided by such means as the following:bar codes, etc., so that all pertinent information regarding that assembly may be retrieved.Final assemblies should be clearly marked with project numbers, model numbers, serial numbers, information, including work instructions, manufacturing standards, tooling, etc.of routing documentation. Routing documentation should contain sufficient manufacturing Assemblies in production should be traceable to particular projects through the use of some form particular order number, batch number, date received, test lot, or other pertinent source.Store room or inventory tracking procedures should allow for items to be traceable back to a certifications.slip, or invoice and should be accompanied by applicable test data sheets and material Raw materials should be traceable back to a particular batch number, shipment number, packing point in time, purchase order, or through production. Examples of desired traceability include:Traceability may mean traceable to a particular project, specific warranty, test report, supplier, and means--such as physical separation into lots--will be used.shall be used to the extent possible. Where physical identification is impossible, other appropriate and to prevent the use of defective items. Physical identification and control of individual elements activities to aid in the control of materials to assure that only correct and acceptable items are used Procedures for product identification and traceability shall be established prior to construction ProductIdentificationandTraceability Procedures identification and traceability activities are retained.The Contractor shall verify and document that items are identified properly and documentation of and for monitoring implementation of contractors’ or suppliers' procedures.identification, and traceability are contained in contract documents and procurement specifications; The PM shall be responsible for ensuring that applicable requirements for control, receipt, 9 344 subsequent inspection and testing of the product, shall be performed under controlled conditions.Special processes required in fabrication, production, or installation that cannot be verified by installation.monitoring and control of processes and product characteristics shall occur during production and conformance with personnel qualifications/training, applicable standards/codes and quality plans. The and prescribe use of suitable production and installation equipment and work environment, and Project process control procedures and instructions shall specify actions or controls to ensure quality will not reveal the deficiencies.treatment, where the results will impact quality of the final product, but where inspection after the fact control processes, including special processes, such as welding, non-destructive testing, andheat Monitoring and/or conformance with documented procedures shall be required during all quality ensure these processes are performed under controlled conditions.shall identify and plan the production and installation processes that directly affect quality and shall that cannot be verified by subsequent inspection and testing of the product. Suppliers and contractors work processes. Special processes are required in fabrication, production, or installation processes Project procedures shall be established that prescribe the methods to conduct ongoing quality-related PROCESS CONTROL, INCLUDING SPECIAL PROCESSES Documentation of identification and traceability activities are to be retained as quality records.furnished materials shall be included in the contractor's procedures.unloading, transporting from the designated delivery point, handling, storing, and protecting such City-City-furnished materials, if any, shall be listed or described in the Contract Documents. Procedures for Agency-Furnished Materialswork.identification of materials and traceability to the location where the materials are incorporated into the Procedures shall be established for preparation and maintenance of material records to document the Incorporation of Materials into the WorkLabeling with expiration dates for perishable items, or “use by” dates.Secure segregation of rejected and nonconforming material.Utilization of special storage and handling facilities, as required.Inspection and maintenance during storage and handling.Protection from damage, deterioration, and loss.procedures shall address:Procedures shall be established for storing and handling materials. The storage and handling Storage of MaterialsCertificate of Compliance.Verification of receipt of supporting documentation, such as Certificate of Material Test Report or Visual inspection for damage.Coordination.Quantity.Date received.Identification as provided above. 10 345 construction or installation of the items being tested or inspected.and testing on the project shall be independent of those having direct responsibility for the Contract documents shall identify mandatory inspections and tests. Personnel conducting inspections Requirements and test procedures.perform installation of equipment and/or perform testing must develop QA/QC plans and inspection Contractors and subcontractors who purchase equipment, perform manufacturing and/or construction, Inspection and testing procedures shall be planned and executed as necessary to verify quality. FABRICATION STES)CONSTRUCTION INSPECTION PROCEDURES (PROJECT AND maintained as quality records.Records of procedure qualification, as well as personnel qualification and certification are to be must be approved by the PM prior to the start of any work relative to that process.specifications as identified in the contract. Special processes work plan and personnel certifications approved procedures and/or instructions in accordance with applicable codes, standards or shall be established. The special processes will be accomplished by qualified personnel using A procedure to conduct special processes in a controlled environment and with a proper sequence SpecialProcessesprocurement documentation.Operations and maintenance procedures for equipment shall be required as a deliverable in all Proceduresand suppliers.The PM will review and approve the QA/QC special process control plans provided by the contractors QA/QC Plans.special processes and special inspections in accordance with their contract documents and their Consultants/contractors and suppliers are responsible for performing process controls, including Responsibilitiessame requirements imposed on them by this section of thisQMP, Process Control.Consultants/contractors, suppliers and vendors will impose on their subcontractors and suppliers the Appropriate qualifications for personnel performing or inspecting special processes.Appropriate certification for special process productionprocedures.environment and appropriate equipment.A work plan for special processes that provide an appropriate work sequence, suitable working Testing procedures and acceptance values.standards, specifications and drawings.Special process production procedures and instructions in accordance with applicable codes, Identification of special processes.the following:Consultant s/contractors and suppliers shall submit a QA/QC Plan to the PM and QM which addresses 11 346 equipment shall be required to submit a written plan for control of the equipment under their control The City and its consultants/contractors and suppliers who use inspection, measuring, and testing Requirements the specified requirements.identified, controlled, calibrated and maintained in order to demonstrate the conformance of work to Inspection, measuring and test equipment required to carry out inspections and testing shall be CONTROL PROCEDURESINSPECTION, MEASURING, AND TEST EQUIPMENT QUALITY product to the specifications.Final inspection and testing shall be properly documented to ensure conformance of the finished specified for receipt of a product or in-process work, have been carried out and meet specifications. Final inspection and testing shall ensure that all specified inspections and tests, including those control procedures, as addressed in Section 11 of the QMP, shall apply.on the acceptance criteria. Where the product fails to pass inspections or tests, nonconformance with records thatclearly state whether the product has passed or failed the inspection or test based QA/QC plans and procedures shall address requirements for documentation of inspections and tests Items that affect ADA complianceHigh visibility itemsLong lead items or custom manufactured itemsItems affecting service lifeItems that affect systemreliabilityItems or work affecting qualityAssignment of “hold” points will consider:designated points until inspections have been completed.“notification” points to contractors, subcontractors and suppliers. Work shall not proceed beyond those For in-process inspection of items, facilities or systems, the project documents shall identify “hold” and acceptance/rejection criteria, and records/documentation requirements.incorporated into the contract specifications shall include specific inspection and test attributes, integration tests, and acceptance/pre-operation tests. The inspection and test requirements qualification tests, factory tests, verification tests, material tests, demonstration tests, system Contract documents shall identify mandatory inspections and tests. Testing will include, as applicable: Procedures The PM, or their designee, is responsible for oversight of the Contractor.Inspection and testing for the project will be conducted via the Contractor.Responsibilities Records of inspection and testing shall be maintained as quality records.and ADA compliance requirements have been met.evaluate and ensure that safety, performance, durability, reliability, maintainability, repair accessibility and tests have been satisfactorily completed and documented. The inspection and test activities shall final inspection during production, installation and test activities to ensure that all specified inspections QA/QC plans and related inspection and test procedures will address requirements for in-process and 12 347 identified asin conformance.material, equipment or components are to be used on the project until the inspection and test status is The status identification shall indicate conformance or nonconformance with inspections and tests. No Furnished and/or installed equipment, material, or components/complete systems.Material, equipment, and components to be used during production and installation; andthe quality status, as the result of inspection and testing, of:The City and its consultants/contractorsand subcontractors, shall establish a procedure to indicate Requirements a particular work element.Identification of inspection and test status shall be the responsibility of the entity inspecting or testing the required inspections and testing.stages shall be established in order to ensure that the only work accepted is that which has passed A process for identifying the inspection and test status of work during production and installation INSPECTION AND TEST STATUS the acceptability of a product prior to its use and periodically rechecked at prescribed intervals.Test software or hardware used for inspections shall be checked to prove it is capable of verifying provided in the appendix).results shall be assessed and documented using a non-conformance report (a sample is equipment is found to be out of calibration, the validity of the previous inspection and test use. Suitable environmental conditions shall be maintained when the equipment is in use. If Inspection, measuring and test equipment shall be properly maintained to ensure its fitness for identification record to show the calibration status.Inspection, measuring and test equipment shall be identified with a suitable indicator or approved shall be established and used and records of calibration results maintained.calibration shall be documented. Procedures or instructions for performing the calibrations having a valid relationship to national standards. If no national standards exist, the basis of The equipment will be calibrated at prescribed intervals or prior to use, against equipment Inspection, measuring and test equipment whose use can affect product quality shall be identified. accuracy and precision.Inspection, measuring and test equipment selected for use must be capable of the necessary Inspection, measuring and test equipment control procedures shall address the following:Procedures equipment used by the Contractor.The PM is responsible for monitoring the methods used to calibrate inspection, measuring and testing project will be the responsibility of the Contractor.Control, calibration and maintenance of equipment used for inspection, measuring and testing for the Responsibilities and procedures is to demonstrate conformance with specified inspection and testing requirements.and calibration dates/results; and intervals of scheduled recalibration. The purpose of the written plan which includes: identification of equipment; calibration standards; records of equipment maintenance 13 348 include reworking it to meet requirements, accepting it with or without repair, using it for alternative The disposition of non-conforming work must be documented. Disposition of nonconforming work can to prevent inadvertent installation.Nonconforming items shall be clearly identified as non-conforming and, where practicable, segregated control of nonconforming work.construction, perform installation of equipment and/or perform testing shall develop procedures for the Consultants/contractors and suppliers who purchase equipment, perform manufacturing and/or Requirements to meeting all relevant project requirements.affects form, fit or function and renders the quality of an item unacceptable or indeterminate in regard Non-conformance is defined as a discrepancy in characteristic, documentation or procedure that used or installed.disposition. Procedures shall be developed to ensure that non-conforming work is not inadvertently Non-conforming work shall be identified, documented and evaluated to determine appropriate NON-CONFORMANCE PROCEDURES been implemented until the non-acceptable status indication has been removed by the Contractor.accepted by the Contractor. Work is not to progress further once non-acceptable status indication has No material, equipment, or components are to be used on the project until the item has been The process by which to document the inspection and test status schedule and results.The names/titles of individuals authorized to perform inspections and tests.Procedures for authorized removal of an identified status.regard to inspections and tests performed.The status identification categories/definitions indicating the conformance or nonconformance with means.labels, routing cards, inspections records, test software, physical location, or other suitable A method to clearly identify the test and inspection status by means of markings, stamps, tags, The work items and applicable inspections and tests.The inspection and testing status processes and procedures shall identify:procedures prior to implementation.installation. The Contractor shall review and approve the inspection and testing processes and processes and procedures that identify the inspection and test status of work during production and Prior to production and/or installation, contractors, subcontractors and suppliers shall establish Procedures the statusidentification ofspecificinspections asidentifiedin contract documents.The Contractor is responsiblefor monitoring contractor inspection and teststatusidentification and forThe PM is responsible for oversight of the Contractor.quality standards at appropriate intervals and that their status is maintained throughout the project.assure that materials, parts, components, equipment and products undergo testing and inspection for Contractors/consultantsand suppliersare responsiblefor establishing processesand proceduresto Responsibilities The method of identifying the inspection and test status shall be uniform throughout the project. 14 349 nonconforming uses when resolved. Status updates of project nonconformance shall be provided organization performing activities affected by the nonconforming work. The PM must approve of all Upon identification of the nonconformance, the status shall be reported immediately to the PM and the Deficiency Notice Log shall be updated to reflect that action has been taken and verified.has been corrected and verified, the NCR shall be signed off by the Engineer of Record. The All NCRs shall be reviewed and approved by the PM and Engineer of Record. Once the discrepancy the PM. A sample NCR format is provided in the appendix.forms, provided that the system meets or exceeds the requirements in this QMP and is approved by as project quality records. An organization may use its existing nonconformance reporting system and and sequence number. Completed NCRs, with pertinent back-up documentation, will be maintained When NCRs are contract-specific, they should be identified by the contract number, including the year and/or re-testing.shall detail the actions required to make the item acceptable for use, including the re-inspection the problem, and the corrective action. If the disposition is identified as “repair” or “rework”, the NCR addressed. A NCR must identify the contract requirement, area of non-conformance, the root cause of a Non-Conformance Report (NCR) is created to describe how the non-conformance will be When a deficiency or indeterminate condition is identified as a rework, repair or use-as-is disposition, Non-Conformance Reportsprovided in the appendix.All deficiency or indeterminate conditions shall be assigned a reference number. A sample log is satisfactory for its intended use.Use-as-is: A disposition of a nonconforming item when it can be established that the item is reprocessing, reinstallation or completion of the required operations.brought into conformance with the original requirements through re-matching, reassembly, Rework: A disposition of a nonconforming condition that indicates that the deficiency can be specification requirements.acceptable for its intended use, even though it is not restored to a condition that meets all Repair: A disposition of a nonconforming condition that indicates that an item can be made economically or physically capable of being repaired or reworked.Reject: A disposition that indicates the item is unacceptable for its intended use and is not nonconformance classifications:shall be recorded using a Deficiency Notice Log (DNL) and shall include the following for routine discrepancies that may be corrected by rework within a short period of time. Deficiencies A deficiency notice or deficiency correction request shall be used for rejected or in-process notification Deficiency Notice Logevaluate for appropriate disposition of non-conforming work.Reporting procedures for non-conformance uses shall specify a process to identify, document, and Procedures The Engineer of Record is responsible for accepting non-conforming work.Responsibilities inspected in accordance with documented procedures.repair must have the concurrence of the Engineer of Record. Re-worked or repaired work shall be re-applications, or scrapping it completely. A determination to accept nonconforming work as is or with 15 350 and return the form to PM.Document the response on the CAR form by the affected organization’s responsible management recurrence.Establish, document and implement, after City approval, the action(s) needed to prevent Determine the cause of the adverse condition(s).respond within the time period specified on the CAR. The responsible organization shall:Upon receipt of the CAR, the responsible organization shall evaluate the actions required and (A sample is provided in the appendix).responsible consultant/contractor and PM. All CARs shall be logged on the correction action log form The CAR shall be promptly transmitted to the senior management of the project, including the Dates of the request and reply due date.number.Information regarding program, location, item, inspection / deficiency / nonconformance report The originator of the request.The organization (name, address and telephone number) to which the request is directed.A description of the condition requiring corrective action and a statement of the apparent cause.indicate abreakdown in controls established to ensure quality requirements. The CAR shall include:A CAR shall be prepared by the PM, their designee, or consultant when conditions adverse to quality Procedures The PM, or their designee, shall maintain the corrective action log form.provided in the appendix) when conditions adverse to quality are identified.The PM, their designee, or consultant shall prepare a Corrective Action Request (CAR) (a sample is Responsibilities effective corrective and preventative action to correct the condition adverse to quality.required to identify conditions adverse to quality, a determination of their cause and identification of Corrective action procedures must include establishing the methods, requirements, and actions Requirements Implementing and recording changes in procedures resulting from corrective action.Ensuring that corrective actions are taken and that the actions are effective.encountered.Initiating preventative actions to deal with problems to a level corresponding to the risks Analyzing processes to detect and eliminate potential causes of nonconforming product.prevent recurrence.Investigating the cause of nonconforming product and taking the corrective actions needed to adverse to quality shall be established. The procedures shall address:Project procedures for identifying, documenting, correcting and preventing recurrences of conditions CORRECTIVE ACTION PROCEDURES performing activitiesaffectedby the nonconforming work shall be notified.when requested or asappropriate. When the nonconformance hasbeencorrected, organization 16 351 CARs are quality records and shall be maintained in accordance with those procedures.responsible consultant/contractor and the PM.Copies of all closed CARs shall be distributed to senior management of the project, including the the corrective action, accept/approve and close out the CAR and update the CAR Log.When the CAR response activities are implemented and complete, the PM shall evaluate results of Professional and the PM approval shall be obtained prior to implementing those changes.When corrective action involves changes to design or any deviation from specifications, the Design the responding personnel to resolve the issue or elevate the problem to senior management.acceptability or unacceptability of the actions. If the actions are unacceptable, the PM shall meet with The PM shall evaluate the corrective action taken and advise the responsible organization of the APPENDIX A 352 SAMPLE FORMS Non-Conformance Report (Sample)353 NCR closed inspection successfulAction Completed, re- This section to be completed by Program Manager, Client (Inspector)Action Completed DateSignatureNameThis section to be completed by party responsible for resolution of NCR (Contractor)Client (when required) Program Manager Engineer of Record DateSignatureNameRoleDisposition Approval:This section to be completed by Engineer, Program Manager, ClientAction Plan Description (attach additional information/drawings as necessary):Client Approval)Nonconforming element will be incorporated into the work (requires Engineering and Accept As-is comply with requirements (requires Engineering and Client Approval)Nonconforming element will be repaired to meet form, fit, function but will not fully Repair requirementsNonconforming element will be reworked to bring it into full compliance with Rework Nonconforming element will be completely replaced with conforming elementReplace Proposed Disposition:This section to be completed by party responsible for response and resolution of NCR (Contractor)Description of Nonconformance:Originator :NCR#:Response Due Date:Issued to: Issue Date:This section to be completed by party responsible for initiating NCR (Program Manager, Client) Deficiency Notice Log (Sample)354 COMMENTSCLOSEOPENRAISED BYASSIGNEEPRIORITYCATEGORYDESCRIPTIONSTATUSISSUE NOPROJECT MANAGERPROJECT NAMEDEPARTMENTCOMPANY Corrective Action Request (Sample)355 Date:Program Quality Manager signature: Closed Program Quality Manager verification of implementation/effectiveness:Program Quality Manager review and approval (signature/date):Implementation Date: Action plan sufficient to prevent recurrence or occurrence: Root cause:Date of response:Responsible manager:Description of problem or potential problem: Preventive action Corrective action Classification: Originator:Tracking #:Response Due Date:Issue Date: Corrective Action Plan/Log (SAMPLE)356 COMMENTSCOMPLETEDPERCENT DUEDATE METRICCONSTRAINTSSTAKEHOLDERSREQUIREDRESOURCES RESPONSIBLEPARTY / DEPT ACTIONSTRATEGIC UPDATEDLAST SPONSORACTION PLAN OUTCOMEDESIRED DESCRIPTIONISSUE DMS_US.355779794.11 357 D-1 358 DMS_US.354516854.15 359 ROCHESTER BRT LINK REGARDINGMAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCHANDCITY OF ROCHESTERBETWEENSHARED USE, OPERATION AND MAINTENANCE AGREEMENT RC110\\129\\966810.v1 RC110\\129\\966810.v1 360 Entire Agreement; Incorporation of Exhibits and Schedules.............................................95.12GoverningLaw and Venue............................................ ......................................................95.11Headings.............................................................................................................................95.10Se verability..........................................................................................................................95.9Waiver, Modification........................................... ...............................................................85.8Notice.............................................................................................................................. ....85.7Excused Delay. .................................................................................................................85.6Indemnity. ............................................... ...........................................................................85.5Estoppel Certificate.................................................................................................... .........75.4Dispute Resolution..............................................................................................................75.3Defined Terms......................................... ...........................................................................75.2Coordination with the Services Agreement and other BRT Agreements...........................65.1........................ ....................................................................6ARTICLE V -MISCELLANEOUS............................6ARTICLE IV -CONSTRUCTION (POST-INITIAL CONSTRUCTION)Notices of Maintenance and Repair. .................................................................................63.2Maintenance Standards................................................................ .......................................53.1.....................................................................5ARTICLE III -MAINTENANCE AND REPAIRTaxes and Assessments.............................. .........................................................................52.8Insurance................................................................................................................. ............52.7Security...............................................................................................................................42.6Signs....................................... .............................................................................................42.5Utilities............................................................................................. ...................................42.4Operation Generally............................................................................................................32.3MayoUse...................... ......................................................................................................32.2Prohibited Uses.............................................................................. .....................................22.1........................................................................2ARTICLE II -SHARED USE & OPERATIONFee................................................ .......................................................................................21.2Term........................................................................................................ ............................21.1.......................................................................................................2............................................................... .....................................................................1RECITALSTABLE OF CONTENTSSHARED USE, OPERATION AND MAINTENANCE AGREEMENTTOC-1 RC110\\129\\966810.v1 361 EXHIBIT FDESCRIPTION AND DEPCITION OF CONNECTION FACILITIES............F-1EXHIBIT EPROPERTY INSURANCE........................................................................ .........E-1EXHIBIT DSECURITY PLAN.............................................................................................D-1EXHIBIT CSIGN DESIGN CRITERIA........................................ .......................................C-1EXHIBIT BREAL ESTATE DOCUMENTS........................................................................B-1EXHIBIT ADEPICTION OF LINK ROUTE.................... ....................................................A-1SCHEDULE 1.........................................................................................................Definitions-1SIGNATURE PAGE..................................................................................................S-2MAYOSIGNATURE PAGE........................................................................... ..........................S-1CITYAuthority...........................................................................................................................105.18No Waiver. ......................................................................................................................105.17Time. Time is of the essence of this Agreement.......................... ....................................105.16Agreement Continues Notwithstanding Breach..................................................................95.15Not a Public Dedication; No Third-Party Beneficiaries.....................................................95.14Counterparts....................................................................................................... .................95.13TOC-2 RC110\\129\\966810.v1 362 responsibilities regarding the shared use, operation and maintenance of certain Facilities.Agreement” on or before July 1, 2023which shall govern the coordination of and allocate The Services Agreement contemplates the execution of a “Shared Use and Operation G.the Services Agreement. paying for a portion of the cost of the Services to be provided by the City as described in service to Mayo Employees, Mayo has agreed to contribute to the costs of the LINK by shuttle service along the LINK Route), and in recognition of the benefit to Mayo for this In exchange for the City providing the LINK (which will, for the most part, replace Mayo’s F.”).Services Agreementwith any amendments, the “executed that certain LINK Transit Services Agreement dated August 22, 2022 (together is used by Mayo’s Employees, patients and guests and, in connection therewith, have Mayo Employees that is greater than or equivalent to Mayo’s existing shuttle service that The City and Mayo desire to establish a rapid transit service standard for the public and E.”).LINK Routeattached hereto (such route, the “Exhibit Athe Mayo Civic Center, Mayo Clinic campuses, and the Rochester-Olmsted Government route known as the “LINK” along 2nd Street SW that will connect downtown Rochester, In furtherance of these goals and purposes, the City will construct a 2.8-mile rapid transit D.life for residents, employees, and visitors. congestion, prepare for growth, support sustainable development, and improve quality of need for parking spaces in downtown Rochester, alleviate present and future traffic The City and Mayo intend to create a system that will expand transit options, reduce the C.will serve a public purpose and will benefit both Mayo and the general public.Waterfront Southeast in order to alleviate traffic congestion in downtown Rochester, which downtown Rochester, the Mayo Civic Center, Mayo Clinic campuses, and the Downtown The City and Mayo share the goal of providing transportation services to connect B.The City is in the business of providing transportation services in order to serve the public.A.RECITALS”.Parties” or, Party”). Mayo and the City are each sometimes referred to herein individually as a “Mayo(“, a Minnesota nonprofit corporation FOR MEDICAL EDUCATION AND RESEARCHMAYO FOUNDATION ”) and CityOF ROCHESTER, a Minnesota municipal corporation (the “”) between the CITY Effective Date”) is dated as of ________________, 2024(the “Agreement“THIS SHARED USE, OPERATION AND MAINTENANCE AGREEMENT (this SHARED USE, OPERATION AND MAINTENANCE AGREEMENT1 RC110\\129\\966810.v1 363 609.745 (permitting public nuisance).unlawful assembly), 609.72 (disorderly conduct), 609.74 (public nuisance), and Minn. Stat. Sections 609.705 (unlawful assembly), 609.715 (presence at an 2.1.2thoroughfare); andfree bus shelters), 8-9 (aggressivepanhandling), 9-13 (obstruction of public Rochester City Code Sections 8-7-14 (smoke free medical zone), 8-7-15 (smoke 2.1.1activities such as arrest and prosecution. Such laws include, but are not limited to: Facilities. Best efforts may include, in the sole discretion of the City, law enforcement will use its best efforts to enforce all laws, regulations, policies and rules within the terminuses or (ii) interferes with the safety of the Parties and/or their Permittees. The City operation of bus terminuses, pedestrian walkways and tunnels associated with similar bus No use of the Facilities is permitted that (i) is inconsistent with the Prohibited Uses. 2.1ARTICLE II -SHARED USE & OPERATION Services Agreement and the Real Estate Documents. Agreement. The Parties acknowledge that other fees and costs may be paid pursuant to the connection with the shared use, operation and maintenance of the Facilities pursuant to this Except for Mayo Costs, neither Party shall charge the other a fee or charge in Fee. 1.2date of such termination. to any liability or obligation arising or to be performed under this Agreement before the any remedy at law or in equity that a Party may have against any other Party with respect have no further force or effect,but termination of this Agreement will not limit or affect obligations created and imposed by the provisions of this Agreement will terminate and the termination of this Agreement, all rights and privileges derived from and all duties and force and effect until the expiration or earlier termination of the Services Agreement. Upon This Agreement is effective as of the date first above written and continues in full Term. 1.1forth and in furtherance of the parties’ understanding, it is agreed as follows:NOW, THEREFORE, in consideration of the covenants and agreementshereinafter set this Agreement.The signatories hereto intend to use, operate and maintain certain Facilities as set forth in I.”). attached hereto (collectively, the “\[TO BE ATTACHEDUPON COMPLETION\] Exhibit Bdocuments identified on The Parties are concurrently herewith, executing certain real estate interest transfer H.2 RC110\\129\\966810.v1 364 which LINK is operating. Hours. The City shall operate the Category 1 and 2 Facilities during all hours during 2.3.2infrastructure.a manner that is, at a minimum, consistent with its operations of its other transit Mayo shall be the Operator of Mayo Property. The City shall operate the Facilities in Operation. The City shall Operate, at its sole cost and expense, the Facilities except 2.3.1Operation Generally. 2.3may be reasonably acceptable to the FTA and Mayo) for FTA approval. abide by an incidental use agreement with the City (in such form and substance as information as reasonably required by the FTA and, if necessary, will enter into and report use of LINK Facilities to the City in such format and containing such receiving from the FTA for LINK. Upon written request from the City, Mayo will and regulations including the rules and regulations related to funding that it is the safe conduct of LINK. Mayo acknowledges that the City is bound by FTA rules application for or City agreement with FTA for funding and may not compromise meet performance measuresor the intended use, as described in the City’s or materially and adversely interfere with LINK operations, capacity, ability to 2.2.3 Limitations on Mayo Use. No use by Mayo may have a material negative impact provided that such use is governed by the Security Plan.LINK is not in operation, subject to the limitations in Section 2.2.3 below, and connected to the Connection Facilities through the Facilities during hours when Facility Use. Mayo and its Permittees may egress from the Mayo Property 2.2.2Section 2.2.3below will be violated.in a manner such that Mayo’s use will be more than “incidental” in nature or that transportation operations or prevent the availability of any Station transitpurposescircumstance, Mayo’s use of any Station or Stationsmay not interfere with public healthcare situations, also provide transportation between LINK Stations. In either to the City if necessaryfor health care administration and urgent medical and Stations along the LINK Route. On an ad-hoc basis, Mayo may,following notice patients and guests to and from any Station along the LINK route but not between receive from any other entity private shuttle services transporting its employees, Shuttle Use.Subject to Section 2.2.3 below, Mayo may continue to provide and 2.2.1Mayo Use. 2.2public service announcements by the City regarding public safety and welfare.Connection Facilities other than (a) those related to operation of the LINK and (b) other Additionally, advertising, announcements, postings, etc. are not permitted in the 3 RC110\\129\\966810.v1 365 safety at the Facilities through their combined efforts. Notwithstanding the their respective security personnel to endeavor to achieve maximum efficiency and Coordination. The Parties shall use commercially reasonable efforts to coordinate 2.6.3operational budget. increase the proportionate cost of Security Plan as part of the overall LINK (including availabilityof new technology), provided that such updates to not the level of security, and based on updated information and circumstances withheld. The City shall update the Security Plan as necessary in order to maintain year’s plan, provided however, Mayo’s approval shall not be unreasonably each calendar year for Mayo’s review, input and approval of changes over the prior st Plan; Standard. The City shall present the Security Plan to Mayo before October 12.6.2”). Security Planwith Mayo’s approval as set forth in Section 2.6.2 below, the “(as may be adjusted annually Exhibit D security plan for the Facilities attached as LINK operation for the Facilities, including personnel, in accordance with the Responsible Party. The City shall provide all security measures during the hours of 2.6.1Security. 2.6similar to the LINK, and/or (iii) be in violation of Governmental Requirements. the IP License Agreement, (ii) be Inconsistent with the operation of a transit system Mayo’s trade name(s) or trademark(s) except to the extent permitted pursuant to Neither the name of any Facility, nor any Signs, may (i) mention or infringe on and only for (x) Informational Signs; (y) wayfinding signs and (z) Advertisements. the Facilities, except within the specific areas designated in the construction plans The City shall not permit any Signs to be placed or projected on, or interact with, 2.5.2and on the Facilities at all times. to be provided in Exhibit CThe City shall cause the Signs in the form attached as 2.5.1Signs. 2.5and air conditioning to permit comfortable operation of such Facilities. the Facilities on-demand heat, and in the indoor areas of the Facilities heat, ventilation, HVAC. During Operating Hours, the City shall provide in the semi-enclosed areas of 2.4.2as may be required pursuant to applicable law. LINK is operating, by motion-activated device during the balance of the hours, and indoor portions of the Facilities fully illuminated during all hours during which which LINK is operating, and otherwise as necessary for public safety and (B) the Facilities illuminated from dusk to at least 12 a.m. every day during all hours during limited to in the Security Plan), the City must keep (A) the outdoor portions of the Lighting. Except as may otherwise be agreed to by the Parties (including but not 2.4.1Utilities. 2.44 RC110\\129\\966810.v1 366 circuit breakers illuminating the Stations pursuant to Section 2.3.3.including light standards, wires, conduits, lamps, ballasts and lenses, and Lighting. Maintaining, cleaning and replacing Facilities lighting facilities, (D)appropriate directional or wayfinding signs or markers.Directional Signs and Markers. Maintaining, cleaning and replacing any (C)transit property open to the public.equal to or better than the level of removal by the City in other City-operated Debris and Refuse. Removing papers, debris, filth, and refuse in a manner (B)snowas required by Rochester City Code Chapter 9-6.evenly covered condition, including making best efforts to remove ice, andfloors, paved surfaces and curbs within City Property in a smooth and Pedestrian Walks and Areas. Maintaining, repairing and replacing all (A)following: Such operation and maintenance obligation includes (but is not limited to) the materials at least equal to the quality ofthe materials being repaired or replaced. Governmental Requirements. The Facilities must be repaired or replaced with The Facilities must be operated and maintained in compliance with all applicable maintenance by the City in other City-operated transit property open to the public. a safe condition and in a manner equal to or better than the level of operation and extent necessary due to ordinary wear and tear, repair and replace the Facilities in The City must, at the City’s sole cost and expense, operate, maintain, and to the 3.1.1Maintenance Standards. 3.1ARTICLE III -MAINTENANCE AND REPAIRthe City Property.respect to the Facilities and other improvements governed by this Agreement located on Mayo shall not be responsible for any taxes and assessments with Taxes and Assessments.2.8subject to the terms set forth therein. Exhibit Einsurance coverages set forth inEach Party (as to its Property only) must maintain in full force and effect the Insurance. 2.7Government Data it would not have had absent this Agreement.Government Data and this Agreement does not provide Mayo access to such the City unless otherwise requiredby law; and that the City’s security data is (including video footage) is private data and shall not be required to be provided to on its own Property. The Parties further acknowledge that Mayo’s security data foregoing, the Parties acknowledge that each Party is only responsible for security 5 RC110\\129\\966810.v1 367 provisions of this Agreement are meant to supplement but not conflict with those information and requirements related to use and operation of the LINK and that the Additionally, the Parties acknowledge that the BRT Agreements include additional of the Facilities and any construction-related topics will be discussed at such meetings. and planning related to the LINK and that discussions related to operation and maintenance acknowledge that the Services Agreement includes a process for regular communication he Parties Coordination with the Services Agreement and other BRT Agreements. T5.1ARTICLE V -MISCELLANEOUSobligations imposed by the FTA due to any new or additional physical connections.obligations upon the City beyond those that already exist including any additional ongoing financial or operational contributions from the City or triggers financial such approval requires a vote of the City Council, or the request includes one-time or such future connections. It shall not be unreasonable for the City to withhold approval if connections in an expeditious manner and shall not unreasonably withhold its approval of cooperate with Mayo to resolve any obstacles to the proposed new or additional physical Street Station) and the City shall th Avenue Station, and 6 th Avenue Station, 6 th Station, 19but not limited to currently contemplated future connections at West Transit Village create new or additional physical connections from a Mayo Property to a Station (including acknowledge that Mayo, at its sole cost to construct, operate, and maintain, may wish to to resolve any obstacles to the proposed change in an expeditious manner. The Parties Party and the schedule to complete such work. The Parties shall cooperate with each other containing reasonable specificity regarding the proposed change, the cost allocable to each written notice to the other Party regarding such proposed change together with information obtaining approval from the FTA. The Party proposing a change to a Facility shall provide unreasonably withheld. Mayo acknowledges that the City’s approval may be subject to to the design of the Facilities without the approval of the Parties which shall not be No changes may be made Changes to the Facilities Other than the Connection Points.4.1ARTICLE IV -CONSTRUCTION (POST-INITIAL CONSTRUCTION)commencement and completion dates. performing the work must advise the other Party of the scope thereof, and the proposed Maintenance or repair work on the Connection Facilities or Connection Points, the party At least 30 days before any planned Major Notices of Maintenance and Repair. 3.2repair and replace the Connection Items in a safe condition.Mayo must maintain, and to the extent necessary due to ordinary wear and tear, 3.1.2Obstructions. Keeping the Facilities free from any obstructions.(F)necessary seasonal (start up and/or winterization) maintenance.replacing all landscape plantings, trees and shrubs including performing Landscaping. Maintaining and, within a reasonable period of time, (E)6 RC110\\129\\966810.v1 368(30) days after receipt of suchrequest to such Party, or its prospective mortgagee than three (3) times during any calendar year) of any other Party, issue within thirty Terms. Each Party must upon written request (which may not be more frequent 5.4.15.4this Agreement.Relieve the Defaulting Party from any indemnity obligation as provided in (D)Relieve the Defaulting Party from any performance obligation hereunder.(C)party for an election not to do so.Render the Non-Defaulting Party liable to the Defaulting Party or any third (B)Impose any obligation on a Non-Defaulting Party to doso.(A)No Obligation to Cure. The right to cure the Default of another Party does not:5.3.2documentation supporting the expenditures made.within ten (10) days after receipt of demand therefor, together with reasonable Non-Defaulting Party for all costs incurred in connection with such curative action Non-Defaulting Party cures a Default, the Defaulting Party must reimburse the necessary materials or services to cure the Default of the Defaulting Party. If any building) reasonably necessary to perform any necessary work or furnish any such portions of the Property of the Defaulting Party (but not into any Mayo any such cure, the Non-Defaulting Party that issued such notice may enter upon no notice, so long as notice is given as soon as possible thereafter. To effectuate advance notice as is reasonably possible under the circumstances or, if necessary, LINK passengers or the general public, the Defaulting Party is only entitled to such such Default constitutes an emergency condition impacting the health or safety of (10) business days after the Defaulting Party receives notice of such Default. If at the expense of the Defaulting Party if such Default has not been cured within ten payment of money or the performance of some other action for the account of and Right to Cure Default. Any Non-Defaulting Party may cure a Default by the 5.3.1Additionally: dispute resolution provision set forth in Section 16 of the Services Agreement. All disputes under this Agreement shall be handled pursuant to the Dispute Resolution. 5.3in the Services Agreement. attached hereto, Schedule 1attached hereto or, if not defined onSchedule 1are defined on All capitalized terms used but not defined in the body of this Agreement Defined Terms. 5.2Agreement, such clarified or additional or articulated obligation is not a conflict. standard of performance or creates an additional obligation not articulated by the Services provisions in the BRT Agreements. To the extent this Agreement clarifies or creates a 7 RC110\\129\\966810.v1 369 amended unless pursuant to a signed writing executed by each of the parties hereto. Failure This Agreement may not be waived, modified or Waiver, Modification or Amendment. 5.8this Agreement shall be sent pursuant to Section 25 of the Services Agreement. Notices, demands, requests or other communications delivered in connection with Notice.5.7Agreement. periods of suspension shall be added to the time toperform the requirements of this materially interrupted or interfered with, and a period of time equivalent to the period or obligations (generally, or with respect to individual stations, as applicable) that have been during the period of such interruption or interference only to the extent of the City’s protect public safety and health, then the obligations of the City hereto shall be suspended or an action that will temporarily impact LINK operations deemed necessary by the City to impact LINK operations taken by the City due to unanticipated events under its police powers obligations are materially interrupted or interfered with by an action that will temporarily Subject to all of the terms and conditions of this Agreement, if the City’s Excused Delay. 5.6demands attributable to the negligence or the willful misconduct of the Indemnified Party. perform its obligations in accordance with this Agreement, excluding any such claims or arising out of any third-party claim attributable to the Indemnifying Party’s failure to reasonable attorneys’ fees that the Indemnified Party may incur or suffer by reason of or actions, claims, demands, suits, judgements, awards, damages, liabilities,costs, and ) from and against any and all losses, expenses, “Indemnified Party”contractors (the defend the other Party and its respective officers, directors, employees, agents, and ) agrees indemnify, hold harmless, and “Indemnifying Party”Each Party (theIndemnity. 5.5inadvertent failure of the issuer to disclose correct and/or relevant information. estoppel certificate does not subject the issuer to any liability for the negligent or estoppel certificate without knowledge of facts to the contrary. The issuance of an bona fide purchaser or encumbrancer has acted in reasonable reliance upon such the estoppel certificate that are contrary to the facts contained therein, and such that such claim or defense is based upon facts known to the issuer as of the date of or defense against a bona fide encumbrancer or purchaser for value to the extent Issuance. Such estoppel certificate will act to estop the issuer from asserting a claim 5.4.2Whether this Agreement is in full force and effect.(C)way by it and if so, then stating the nature thereof in reasonable detail.Whether this Agreement has been assigned, modified or amended in any (B)reasonable detail.Party, and if there are known defaults, specifying the nature thereof in Whether it knows of any default under this Agreement by the requesting (A)of such date:or successor, an estoppel certificate stating to the best of the issuer's knowledge as 8 RC110\\129\\966810.v1 370 remedies that a Party may have hereunder by reason of any such breach.therein. However, such limitation does not affect in any manner any other rights or this Agreement or any other BRT Agreement except as otherwise specifically set forth no breach of this Agreement entitles any Party to cancel, rescind, or otherwise terminate Except as otherwise provided herein, Agreement Continues Notwithstanding Breach. 5.15of the provisions of this Agreement. generality of the foregoing, no Person other than the Parties have any right to enforce any deemed to be a beneficiary of any of the provisions contained herein. Without limiting the hereto will inure to the benefit of any third-party Person, nor will any third party Person be Except as herein specifically provided, no right, privileges, or immunities of any Party of the Mayo Property to the general public, or for any public use or purpose whatsoever. provided herein. Nothing herein contained is meant tobe a gift or dedication of any portion any nature whatsoever under or by reason of this Agreement, except as otherwise expressly express or implied, is intended to confer upon any other person any rights or remedies of Nothing in this Agreement, Not a Public Dedication; No Third-Party Beneficiaries. 5.14effective for all purposes hereunder.the same instrument. Execution by facsimile or .pdf electronic transmission shall be which shall be deemed to be an original, but all of which together shall constitute one and This Agreement may be executed in two or more counterparts, each of Counterparts. 5.13each of the Parties. this Agreement by reference. This Agreement may be amended only in a writing signed by parties hereto. All exhibits and schedules are incorporated into the BRT Agreements and proposals, discussions, and negotiations whatsoever, whether oral or written, between the as of the date hereof and, together supersede all prior understandings, representations, constitute the entire agreement between the parties hereto with respectto the subject matter The BRT Agreements Entire Agreement; Incorporation of Exhibits and Schedules. 5.12Agreement. hereunder shall be governed and venued as indicated in Section 28 of the Services his Agreement and the rights, obligations of the Parties GoverningLaw and Venue. T5.11hereof.only and shall in no way limit or affect the meaning or interpretation of any of the terms Headings used in this Agreement are for purposes of convenience of reference Headings. 5.10remain unimpaired and shall continue in full force and effect.be held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall If any one or more of the provisions of this Agreement shall for any reason Severability.5.9provision contained herein.be a waiver of such provision or its right thereafter to enforce such provision or any other of either party hereto to enforce any provision of this Agreement shall not be construed to 9 RC110\\129\\966810.v1 371\]SIGNATURE PAGES FOLLOW\[it to the terms and provisions herein contained.deliver this document and that no further action is required on behalf of such Party to bind executing this Agreement on behalf of said Party has been fully empowered to execute and Each Party represents and warrants to the other Parties that the Person Authority. 5.18provision at any later time.of this Agreement shall constitute a waiver of any other provision or a waiver of the same constitute a waiver of the Party’s rights under this Agreement. No waiver of any provision enforce any of such Party’s rights, no matter how long such failure may continue, will not The failure of either Party to complain of any default by the other Party or to No Waiver. 5.17Time is of the essence of this Agreement. Time. 5.1610 S-1 372 Date: Its: City ClerkName: Date: Its: MayorName: CITY OF ROCHESTERCITY:the day and year first abovewritten.IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective as of SHARED USE, OPERATION AND MAINTENANCE AGREEMENTSIGNATURE PAGE RC110\\129\\966810.v1 S-2 373 Date: Its: Name: MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCHMAYO:as of the day and year first above written.IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective SHARED USE, OPERATION AND MAINTENANCE AGREEMENTSIGNATUREPAGE RC110\\129\\966810.v1 Definitions -1 374 Agreement.” means the Party that is in breach of its obligations under this Defaulting Party“1.12or Mayo Property. Default does not include a Class 1 Dispute under the Services Agreement. Agreement that directly impacts LINK operations or adversely impacts Mayo’s use of the Facilities means the failure of one Party to perform an obligation under this “Default”1.11by the Parties concurrently with this Agreement relating to the initial construction of the Facilities. ” means that certain agreement executed Construction Coordination Agreement“1.10boundary between the City Property and the Mayo Property at Category 2 Stations.” means the portion of the Facilities located on the property Connection Point“1.9. Exhibit Fshown on ” means the areas and improvements on City Property Connection Facilities“1.8City has or will construct the Facilities. the City has a real estate interest and right to construction the Facilities thereon, and on which the ” means real property ownedby the City in fee or regarding which City Property“1.7Stations. structures to be located thereon at all stations that are not Category 1 Stations or Category 2 ” means, collectively, the City Property and the physical Category 3 Stations“1.6property or(b) a vertical circulation. structures to be located thereon (or under) that have (a) physical connection to Mayo-operated ” means, collectively, the City Property and the physical Category 2 Stations“1.5 th and 6structure to be located thereon (or under) to be commonly known as West Transit Village Station ” means, collectively, the City Property and the physical Category 1 Stations“1.4located on a Property.” means any permanently enclosed structure placed, constructed or Building“1.3attachments, exhibits, and schedules. Estate Documents, and the Construction Coordination Agreement, together with their respective agreements executed in connection with the Services Agreement, including this Agreement, the Real ” means collectively, the Services Agreement and other BRT Agreements“1.2which is presented in a neat and clean manner. message (including those supporting or promoting City events or operations) issued by the City ” means any Sign that is revenue-generating or is a public service Advertisements“1.1DEFINITIONSSCHEDULE 1 RC110\\129\\966810.v1 Definitions -2 375” means each signatory hereto and its respective successors and assigns. Party“1.26” means the City Property or the Mayo Property, as applicable. Property“1.25repair and replacement, and security. means to have responsibility for day-to-day operation, maintenance, “Operate”1.24under this Agreement.” means the Party that is not in breach of its obligations Non-Defaulting Party“1.23affiliates which is adjacent to the City Property.” means the real property owned or operated by Mayo or its Mayo Property“1.22public but, upon Mayo’s request or pursuant to this Agreement, open to Mayo and its Permittees. Facilities during hours that LINK is not operating and the Facilities are not open to the general means the additional cost incurred bythe City to operate the “Mayo Costs”1.21Connection Points or the adjacent Properties in the ordinary course. maintenance standards as set forth in this Agreement or (b) using the Connection Facilities, alter operations of the LINK or prevent the other Party from (a) complying with the operating or means repair or maintenance work that could materially “Major Maintenance” 1.20date hereof executed by the Parties regarding the City’s limited use of Mayo’s trademarks.” means the License Agreement dated on or around the IP Licensing Agreement“1.19zone ”), directional, or way-finding Sign.” means any informational (e.g. “no parking”, “loading Informational Sign“1.18Environmental Law. chemicals,materials, substances and wastes listed or identified in, or regulated by, any radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, thereof, asbestos, asbestos containing materials, urea formaldehyde, polychlorinated biphenyls, ” means, collectively, petroleum products and fractions Hazardous Materials“1.17and hereafter amended, of any Governmental Authorities.codes, rules, regulations, orders, and applicable judicial decisions or decrees, as presently existing ” means all applicable laws, statutes, ordinances, Governmental Requirements“1.16thereof) exercising jurisdiction over a particular subject matter.governmental or quasi-governmental authority, entity or body (or any department or agency ” means any federal, state, county, city or local Governmental Authorities“1.15Connection Points. ” means, collectively, the Stations, Connection Facilities, and Facilities“1.14environment, all as may be amended from time to time.statutes, laws, ordinances, and regulations that relate to or deal with human health or the ” means all federal, state, county, municipal, local and other Environmental Laws“1.13 RC110\\129\\966810.v1 Definitions -3 376 services to the Facilities.” means those facilities and systems for the transmission of utility Utility Lines“1.33but not limited to electricity, cable fiber or telecom, water, sewer, and gas.” means those utility services required to operate the Facilities including Utilities“1.32by a Party to maintain and operate all or a portion of the Facilities. ” means the Person, if any, designated from time to time Third PartyOperator“1.31and the Category 3 Stations.” means, collectively, the Category 1 Stations, the Category 2 Stations Stations“1.30colors, illumination, or projected images. highways, or walkways by any means, including words, letters figures, designs, symbols, fixtures, outdoors or indoors, that is displayed to attract the attention of the public while on public streets, ” means any object, device, display, structure, or part thereof, situated Sign“1.29liability company, trust, or any other form of business or Governmental Authority.” means any individual, partnership, firm, association, corporation, limited Person“1.28concessionaires of the Parties. contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and ” means the Parties and the officers, directors, employees, agents, Permittee“1.27 RC110\\129\\966810.v1 A 377 DEPICTION OF THE LINK ROUTE EXHIBIT A 966810.v1\\129\\RC110 1- B -1 378\[TO BE ATTACHED AFTER COMPLETION\]REAL ESTATE DOCUMENTSEXHIBIT B RC110\\129\\966810.v1 C -1 379\[external exhibit\]SIGN DESIGN CRITERIAEXHIBIT C RC110\\129\\966810.v1 D-1 380 SECURITY PLAN EXHIBIT D RC110\\129\\966810.v1 D 381 966810.v1\\129\\RC110 2- D 382 966810.v1\\129\\RC110 3- D 383 966810.v1\\129\\RC110 4- D 384 966810.v1\\129\\RC110 5- D 385 966810.v1\\129\\RC110 6- D 386 966810.v1\\129\\RC110 7- D 387 966810.v1\\129\\RC110 8- E 388 PROPERTY INSURANCE EXHIBIT E 966810.v1\\129\\RC110 1- E 389 966810.v1\\129\\RC110 2- E 390 966810.v1\\129\\RC110 3- F 391 SCONNECTION FACILITIECTION OF DESCRIPTION AND DEPIEXHIBIT F 966810.v1\\129\\RC110 1- 1 392”).”Additional Agreements(collectively, the “Exhibit Elisted on numbers 1 through 3, and approval of the form of agreement number 4on or before July 1, 2023January 1, 2025, the Parties’ execution of the agreements “(iii)by strikeout text:additions being reflected by italicized and underlined text, and subtractions being reflected Section 4(a)(iii) of the Original Agreement is amended and restatedas follows, with a.Number 4.Sections4(a)(iii) and 4(b)(iii)of the Original Agreement; Exhibit E; Agreed Form of Agreement 1.hereto, each of them does hereby covenant and agree with the other as follows:in consideration of the premises and the mutual obligations of the parties NOW, THEREFORE,not substantively change, the terms of the Agreement., the Parties wish to make the changes in this First Amendment which clarify, but to WHEREASAgreement to clarify the intentof the Partiesas it relates to FTA funding; and , as part of that review, the FTA has recommended certain amendments to the Original WHEREASOriginal Agreement for compliance with the Small Starts Grant and other FTA requirements; and , as part of the grant process, the FTA reviews all third-party agreements including the WHEREASOriginal Agreement); and”), as well as other funding necessary to provide the Services(as defined in the FTAAdministration (“”) through the Federal Transit Small Starts Grantincluding a Small Starts grant solely for the LINK (“, the Original Agreement acknowledged that the City intended to obtain funding, WHEREAS”);andMemorandum(the“Exhibit LOriginal Agreement on \[DATE\], attached hereto as the Parties executed that certain Memorandum of Understanding regarding the WHEREAS, outlines the responsibilities of the Parties related to the LINK(as defined in the Original Agreement);”) which OriginalAgreementAugust 22, 2022 (as modified by the Memorandum (defined below), the “the Cityand Mayoentered into that certain LINK Transit Services Agreement on WHEREAS, ”.Parties“or, collectively, as the ”Party“herein individually as a ”). Mayo and the City are each sometimes referred to Mayobehalf of its affiliates and subsidiaries(“corporation, with offices at200First Street SW, Rochester, Minnesota 55905, on its own behalf and on a Minnesota nonprofit MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH, ”),and theCityStreet SE, Rochester, Minnesota 55904 (“ht municipal corporation, with offices at 201 4a Minnesota CITY OF ROCHESTER, this ____day of ____________, 2024by and betweenthe ”) is made First AmendmentThis First Amendment toLINK Transit Services Agreement (this “FIRST AMENDMENT TO LINK TRANSIT SERVICES AGREEMENT RC110\\129\\966844.v1DMS_US.364925248.7 2 393 same extentas if the City itself performed or failed to perform, and the City shall not be fully responsible for the performance or non-performance by any Subcontractors, to the by a Subcontractor shall be deemed performance by the City itself. The City shall remain licensed or registered. For purposes of this Agreement, performance of a City obligation To the extent applicable, the Subcontractors performing the Services must be properly the Performance Measures and complies with the terms and conditions of this Agreement. will be fully responsible to ensure that all work performed by such Subcontractors meets The City shall use only competent, qualified, and skilled Subcontractors for which the City also be subject to the provisions of Section 14(b).All RFPs for Software shall such feedback but retains sole control over the final decision. The City will consider participate in the evaluation process of the responses to the RFP. and encryption code/key). After responses have been received, Mayo will have the right to determined by Mayo to be necessary, additional safeguards (e.g., escrowing source code implementation, and system requirements identified by Mayo, and shall include, if shall include a requirement that the Major Subcontractor satisfy certain design, Any RFP for Software feedback but retains sole control over the procurement process. The City will consider such local, or other prospective funding procurement requirements. scope of work, selection criteria, and scoring criteria, subject to meeting federal, state, right to review and provide feedback on the draft RFP provisions concerning the proposed the City issuing any RFP for Services as described in this Section 5, Mayo will have the ”). Prior to RFP”), the City will issue a Request for Proposals (“Major Subcontractorbe in excess of $50,000 per year for Services (such Subcontractor providing such Services, When soliciting for Subcontractors to provide Software or whose contract is expected to to this Agreement, or in combination with other similar services provided by the City.Subcontractor or Subcontractors may be retained by theCity to perform Services exclusive ”) to provide some or all of the Services under this Agreement. Such Subcontractors“”or SubcontractorThe City may contract with one or more third parties (a “. Subcontractors; Major Subcontractors“as follows, with additions being reflected by italicized and underlined text:Section 5 of theOriginalAgreement. Section 5of theOriginalAgreement is amendedand restated2.attached hereto.Exhibit E-1) in the form of Exhibit Elisted on The Parties agree to the form of the Post-Termination Agreement(agreement number 4 d.Exhibit EExhibit E is hereby amended and restated in the form attached hereto as c..”Exhibit Eagreement number 4 listed on agreements numbers 1 through 3, and approval of the form of Agreementson or before July 1, 2023January 1, 2025, the Parties’ execution of theAdditional “(iii)by strikeout text:additions being reflected by italicized and underlined text, and subtractions being reflected Section 4(b)(iii)of the Original Agreement is amended and restatedas follows, with b.RC110\\129\\966844.v1DMS_US.364925248.7 3 394; of the Infrastructure post-terminationunless the City continues operating the LINK and FTA has to Mayo’s use process, any amount owing to the FTA of its federal interest in LINKwill not continue operating LINKand goes through the disposition If the City owing on the Small Starts Grant within 3 years of termination The amount immediately owing on the Small Starts Grant and amounts Section 17(a)(iii), Mayo shall pay the City an early termination fee equal to:in accordance with Section 17(a)(ii) above, or by the Cityin accordance with If the Agreement is terminated by Mayothe Cityfor Cause (Section 17(a)(iii)).Termination By MayoWithout Cause (Section 17(a)(ii)); or Termination By Section 19(b) below) of the other Party.Party shall cease use of and return to the other allConfidential Information (as defined in accruing prior to the date of termination or as described in this Section 17(b), and (ii) each neither Party shall have any further obligations under this Agreement except for those Effect of Termination. Upon termination, unless otherwise stated in this Agreement, (i) “(b)being reflected by strikeout text:restated as follows, with additions being reflected by italicized and underlined text, and subtractions Section 17(b)of the Original Agreement. Section 17(b) of the Original Agreement is amended and 4.”necessary mitigation measures.that the City will promptly engage the FTA to evaluate such impacts and implement transit services or the use of LINK property for transit purposes, the Parties acknowledge In the event that the DR process may impact hereunder while the DR process is pending. their contractors/subcontractors and employees to, continue to honor all commitments process is pending. Unless otherwise agreed in writing, the Parties shall, and shall cause shall continue to perform in good faith their respective obligations hereunder while the DR excuse either Party from performing its obligations hereunder and the Parties and shall not impact transit services or the use of LINK property for transit purposes Section 16 shall not Conduct During Dispute Resolution Process. The initiation of the DR process in this “(e)restated as follows, with additions being reflected by italicized and underlined text:Section 16(e)of theOriginalAgreement. Section 16(e) of theOriginalAgreement is amended and 3..”Exhibit F-1insurance policies outlined on cause all Major Subcontractors to add Mayo as an additional insured under all liability cancellation of coverage, and the City shall then immediately notify Mayo. The City shall require Major Subcontractors to immediately notify the City of any modification or . The City shall Exhibit F-1of insurance coverage for Major Subcontractors required by City will provide to Mayo upon request evidence TheTheyattached.Exhibit F-2forth in will be required to comply with the applicablefederal clauses required by the FTA, as set In addition, all subcontractors attached. Exhibit F-1include, the requirements set forth in and all subcontracts for Major Subcontractors related to this Agreement shall expressly subcontracting agreement. The City shall require all Major Subcontractors to comply with, relieved of liability for any of its obligations under this Agreement as a result of a RC110\\129\\966844.v1DMS_US.364925248.7 4 395 City to obtain FTA’s approval of the Use Right or the City to pay the Mayo pursuant to Section 17(a)(iii), during such extension required for the terminated by the City pursuant to Sections 17(a)(ii) or 17(a)(iv) or by as provided in Section 17(b)(iii) above. If this Agreement is in LINK federal interest amounts owed to FTA for its under the Small Starts Grantapproval of the Use Right or the City or Mayo, as applicable, pay the for such period required for the City to obtainFTA's extended delayed shall be datetermination effective date of the 17(a)(iv) or 17(a)(v), the If this Agreement is terminated as provided in Sections 17(a)(ii), 17(a)(iii), Grant of Rights.(iv)quickly as is typical) obtain such funding to make suchpayments.17(b)(iv) below), the City shall promptly (and in any event at least as is determined to be required (as set forth in Section interest in LINK FTA for itsfederal payment of amounts owed to the Small Starts GrantThe amounts payable by the City shall be paid as promptly as possible. If inaccurately certified.Termination Fee Certification and the City shall return all funds that were ”). Mayo may challenge the Termination Fee Certification(“certification of the amounts payable under this Section17(b) be payable within forty-five (45) days after the City provides a The amounts payable under this Section 17(b) by Mayo to the City shall Timing of Payments.(iii).on any federal interest in LINKthe amounts owing on the Small Starts GrantFTAto the termination. If the City does not continue to operate the LINK, it will pay unpaid fees related to the remainder of the Term after the effective date of Small Starts Grant) obtained by the City in connection with the Services or any payments related to any federal government grant (including but not limited to the pay the City any termination fee, including but not limited to any additional accordance with Section 17(a)(iii) above, Mayo shall not be liable or obligated to this Agreement or in accordance with Section 17(a)(iv) above, or (B) by Mayo in Agreement is terminated: (A) by the City in accordance with Section 17(a)(ii) of If the Under Section 17(a)(iv); Termination By Mayofor Cause (17(a)(iii)).Termination By the City Without Cause (Section 17(a)(ii)) or By the City(ii)Model Transition CostsFare necessary for the City to move to a fare model (collectively, the “reasonable and actual costs of the software and equipment reasonably As determined by the City within one year after the termination date, the Operating Costs and (B) Additional Operating Costs; andremainder of the calendar year of such termination of (A) Annual A pro-rated portion equal to the greater of (i) six (6) months, or (ii) the RC110\\129\\966844.v1DMS_US.364925248.7 5 396 This Section 17(b) shall survive termination of this Agreement.”Survival. transportation for its employees, guests, and patients. the City grants Mayo the right to use such name or logo in connection with Parties shall enter into a customary form of agreement pursuant to which otherwise registered as protected intellectual property of the City, the If on the Termination Date, the LINK name or logo is trademarked or available to the public. The City reserves the right to use the Infrastructure for transit services Termination Agreements.local, state, or other federal approval) other than as set forth in the Post-shall not otherwise be restricted or conditioned (including any need for attached hereto). At the time of termination, the Use Rights Exhibit Eopen terms and execute the Post-Termination Agreements(as defined on on the termination date, Mayo and the City shall complete negotiation of If Mayo is entitled to the Use Right upon termination of this Agreement, pursuing such reasonable steps to completion.and diligently to the FTA for itsfederal interest in LINK Small Starts grant obtain the funds to pay to FTA the amount due under the process and go through the disposition determining the reasonable steps necessary to promptly , if such request is denied,diligently pursuing such approval,andincluding promptly submitting suchapprovalconsentrequest to the FTA, and diligently with respect to any act reasonably required by the City, the City shall act expeditiously termination of this Agreement is triggered, approval, after the FTA is subject tounder consideration by the Rightis The Use Right is subject to FTA approval. During such time that the Use shall not charge a fee to Mayo's guests or patients.exercised. Such LINK Route transportation services provided by Mayo that this Agreement would have expired after all Renewal Terms had been ”) until the date Use Rightto Mayo Employees, patients, and visitors (the “the Infrastructure along the LINK Route to provide transportation services this Agreement, the City shall grant Mayo the non-exclusive right to use termination of effective date of the Concurrent with the interest in LINK. LINK and payment to FTA of any amount owing to FTA of its federal City’s non-transit use ofLINK or(ii)following the City’s disposition of this Agreement will not terminate until either: (i)FTA has approved the Use Rightfollowing termination as provided in this Section 17(b)(iv)(A), If Mayo seeks to exerciseitsattributable to capital expenses or reserves. costs only, and shall not be obligated to pay the portions of such fees Annual Operating Fee and Additional Operating Fee related to operating would otherwise have been terminated, Mayo shall pay the portions of the as provided in Section 17(b), following the date the Agreement in LINK federal interest amount owed to FTA for its under the Small Starts Grant RC110\\129\\966844.v1DMS_US.364925248.7 6 397(Remainder of this page intentionally left blank.)purposes.delivery of such signature pages and may be used in lieu of the original signature pages for all shall have the same force and effect as if an original executed copy, and shall constitute effective signature platform (e.g. DocuSign), and the exchange of such electronic signature page thereafter First Amendment may be executed by Portable Document Format (PDF) or through an electronic shall bear the signatures of all of the parties reflected on this Amendment as the signatories. This Amendment shall be binding when one or more counterparts hereof, individually or taken together, appears thereon, and all of which shall together constitute one and the same instrument. This First counterparts, each of which shall be deemed to be an original as against any party whose signature Counterparts; Scanned Signatures. This First Amendment may be executed in any number of 9.of the State of Minnesota.of the parties hereto and their respective successors and assigns, and shall be governed by the laws Binding Effect; Governing Law. This First Amendment shall be binding on and inure to the benefit 8.and refer to the Original Agreement as amended hereby.as the “Agreement” and all references in the Original Agreement to the “Agreement” shall mean in the OriginalAgreement. The Original Agreement as amended hereby is hereinafter referred to capitalized terms used herein without definition shall have the same meanings given to such terms and the terms of the Original Agreement, the terms of this First Amendment shall control.All and in full force and effect.In the event of a conflictbetween the terms of thisFirstAmendment Miscellaneous. All other terms of the Original Agreement, not modified herein, remain unmodified 7.Incorporation. The Memorandum is hereby incorporated into this First Amendment. 6.or the entire amount of the Small Starts Grant may become due and payable.”a portion of, the federal interest in the LINK operating in whole or in part for any reason, be forgiven by the grantor thereof subject to certain conditions and thatif the LINK stops portions of the Small Starts Grant may funds provided in the Small Starts Grant, and thatthe federal interest in LINK arising from Small Starts Grant. The Parties acknowledge that“(c)being reflected by strikeout text:restated as follows, with additions being reflected by italicized and underlined text, and subtractions Section 17 of the Original Agreement. Section 17(c) of the Original Agreement is amended and 5.RC110\\129\\966844.v1DMS_US.364925248.7 DMS_US.364925248.7 398 Date:Its:Name:By:EDUCATIONAL AND RESEARCHMAYO FOUNDATION FOR MEDICAL Date:City AdministratorIts:Name:By:Date:MayorIts:Name:By:CITY OF ROCHESTERServices Agreement as of the date written above.the parties have executed this First Amendment toLINK Transit IN WITNESS WHEREOF,FIRST AMENDMENT TO LINK TRANSIT SERVICES AGREEMENT RC110\\129\\966844.v1 DMS_US.364925248.7 399 Post-Termination Shared Use and Maintenance Agreement: follows a termination that (a)”):Post-Termination Agreements(collectively, the “Formsof the following agreementswhich mustbe confirmed in writing by the Parties.4.ST. SW (PID # 743543078602)st 200 1(ii)St. SW (PID # 640212017844)nd 210 2(i)Temporary Easement, Mayo Owned: (b)640214053831).Ave. SE (includes temporary easement)(PID #: 640214050088 & rd 515 3·Mayo Foundation:(iii)St. SW (PID #640311007649). nd 1216 2·640311025772)St. SW (includes drainage & utility easement (PID# nd 1216 2·St. Mary’s: (ii)Ave. SE (includes temporary easement) (PID # 640214053831).rd 515 3·St. SW (PID # 640221078689);nd 724 2·2905 Country Club Road W. (PID# 743343079778);·Mayo: (i)Parcels:(a)Real Estate Transfer Agreements for Mayo Properties.3. Coordinated Construction Agreement2.No use fee; Maintenance costs to be negotiated between the Parties.(d)Operation, maintenance.(c)Shared use of the Infrastructure.(b) Shared use and operation during the Term of the Agreement. (a)Shared Useand Operation Agreement.1.ADDITIONAL AGREEMENTSEXHIBIT E RC110\\129\\966844.v1 DMS_US.364925248.7 400 City will pursue disposition of LINKpursuant to the process outlined in FTA Guidance (5010.1E).approval of the Use Right. If the City is unable to obtain FTA’s approvalof the Use Right, the The Post-Termination Agreement will only be executed in the event of termination andupon FTA’s (b)Mayo’s legal responsible for its decisions.a method for decision-making that recognizes Mayo’s level of contribution, and (viii)a decision-making process and funding allocation for upgrades; and(vii)a formula for allocation of other capital expenses in the event that both Parties are (vi)transit services along the LINK Route; all capital expenses to Mayo in the event that the City does not continue to provideAllocation of cost to maintain, repair, replace, and upgrade the Infrastructure and (v)that the City continues to operate transit services along the LINK Route; a formula for allocation of maintenance, repair, and replacement costs in the event (iv)Infrastructure;City performance of maintenance, repair and replacement services for the (iii)LINK Route; Governs use of the Infrastructure for joint operation transit services along the (ii)Use Rights term through the end of all Renewal Terms;(i)gives rise to a Use Right. Required terms to include, at a minimum:RC110\\129\\966844.v1 DMS_US.364925248.7 401\[See attached\]FORM OF POST-TERMINATION AGREEMENTEXHIBIT E-1 RC110\\129\\966844.v1 DMS_US.364925248.7 402\[See attached\]FORM OF FEDERAL CLAUSESEXHIBIT F-2 RC110\\129\\966844.v1 DMS_US.364925248.7 403\[See attached\]MEMORANDUMOF UNDERSTANDINGEXHIBIT L RC110\\129\\966844.v1 404 405 406 407 M 408.seitilicaf?rieht?evom?ro?,tcetorp?,troppus?,niatniam?ot?deriuqer?eb?lliw?dna?krowrieht?rof?ytilibisnopser?laicnanif?raeb?lliw?yaw-fo-sthgir?eht?gnitcurtsbo?dna?,gnitavacxe?,gnisu?snosrep,retpah c?siht?rednU?.seicnega?laredef?dna?etats?fo?selor?yrotaluger?eht?tnemelpmoc?ot?dednetni?si?retpahcsihT?.yaw-fo-sthgir?s'ytiC?eht?nihtiw?yltnerruc?tnempiuqe?dna?seitilicaf?fo?ecnanetniam?dna?tnemecalp eht?no?noitaluger?elbanosaer?sesopmi?,tnemeganaM?yaW-fo-thgiR?cilbuP?,OCR?eht?fo?2-9?retpahC?.yaw-fo-sthgircilbup?eht?fo?esu?etairporppa?eht?dna?steerts?sti?fo?ytirgetni?eht?erusne?ot?dna?,snezitic?s ti?fo?eraflewdna?,ytefas?,htlaeh?eht?tcetorp?dna?rof?edivorp?ot?redro?ni?secnarbmucne?yrassecennu?morf?eerf?dnariaper?doog?fo?etats?a?ni?yaw-fo-sthgir?cilbup?sti?peek?ot?sevirts?ytiC?ehT?.5-2-9?.ceS? ,)OCR(?secnanidrOfo?edoC?ytiC?retsehcoR?eht?rep?tnemeriuqer?a?era?cinilC?oyaM?htiw?tnemeerga?dna?timrep?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytefaS?cilbuPtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpi cnirP?lanoitadnuoF?&?seitiroirP.tnemeerga?desiver?eht?detucexe?sah?renwO?eht?dna?,yaw-fo-thgir?WSevA?ht5?eht?ni?knab?tcud?eht?edulcni?ot?desiver?neeb?sah?tnemeerga?ehT?.ytiC?eht?rof?noitcetorp?ytilib aildna?noitacover?rof?egaugnal?sedulcni?tnemeerga?ehT?.)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacovereht?fo?rovaf?ni?sdnemmocer?dna?tseuqer?eht?deweiver?sah?skroW?cilbuP?.seitilicaf?cilbup?ot?egama dyna?riaper?sa?llew?sa?,esnepxe?nwo?sti?ta?sknab?tcud?eht?niatniam?dna?llatsni?lliw?renwO?ehT?.noisnapxednuobnU?s'cinilC?oyaM?troppus?ot?deriuqer?sedargpu?erutcurtsarfni?eht?edivorp?lliw?sknab?tcud?e hT?.WS?tS?dr3?dna?WS?evA?ht6?fo?yaw-fo-thgir?eht?nihtiw?detacol?eb?ot?sknab?tcud?eht?ot?noitidda?ni?WS?evA?ht5?fo?yaw-fo-thgir?eht?ni?decalpeb?lliw?taht?knab?tcud?a?sedulcni?won?dna?deifidom?neeb?ecn is?sah?sknab?tcud?eht?fo?noitacol?desoporpehT?.WS?tS?dr3?dna?WS?evA?ht6?fo?yaw-fo-thgir?eht?ni?sknab?tcud?lacirtcele?fo?tnemecalp?eht?rof?licnuoCeht?yb?devorppa?saw?timrep?elbacover?a?,4202?,71?enuJ? nO?.atosenniM?,ytnuoC?detsmlO?,retsehcoR?foytiC?eht?ot?talP?lanigirO?,6?kcolB?,7?hguorht?1?stoL?sa?debircsed?ytreporp?eht?fo?renwO?eht?si?cinilC?oyaM:evitarraN?tropeR.WS?tS?dr3?dna?,WS?evA?ht6?,WS?ev A?ht5?fo?yaw-fo-thgir?eht?nihtiw?sknab?tcud?lacirtcelefo?tnemecalp?rof?cinilC?oyaM?htiw?)"tnemeerga?eht"(?tnemeerga?dna?timrep?elbacover?a?gnizirohtuA:detseuqeR?noitcA???51.FyaW-fo-thgiR?ni?sknaB?tcu D?lacirtcelE-?cinilC?oyaM?htiw?tnemeergA?dna?timreP?elbacoveR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE P 409 desiver?A?egakcaP?BD?tcelE?vk51?cinilC?oyaM?-?tnemeergA?&?timreP?elbacoveR:stnemhcattA relliM?eimaJ:yB?deraperP.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tnemeergA?dna ?timreP?elbacoveR?tcejbus?eht?fo?gnidrocerdna?noitaraperp?eht?rof?642$?fo?eef?gnidrocer?dna?noitaraperp?tnemucod?a?stcelloc?skroW?cilbuP:tcapmI?ecruoseR?&?lacsiF yaW-fo-thgiR?ni?sknaBtcuD?lacirtcelE? -?cinilC?oyaM?htiw?tnemeergA?&?timreP?elbacoveR?-?gniteeM?licnuoC?:4202?,71?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roir 410 411 412 413 414 415 416 417 418 419 420 M 421?.dehcatta?si?setis?noitacol?eerht?eht?fo?pam?A?.esahcrupot?etis?dednemmocer?eht?rof?stifeneb?laicos?dna?,snoitcejorp?tcapmi?cimonoce?,tsoc?tnempolevedlluf?eht?dna?ssecorp?noitaulave?eht?no?eht? no?troper?a?htiw?esahcrup?ot?etis?hcihw?no?snoitadnemmocerhtiw?4202?,13?rebmeceD?erofeb?licnuoC?ytiC?eht?ot?kcab?troper?lliw?maet?pihsredael?CRSR?ehT??????.etis?hcae?rof?dettolla?si?000,001$?fo?tegdu b?gninnalp?a?tub?maet?noitceles?etis?eht?yb?detaulave?eblliw?ecnegilid?eud?fo?level?ehT?.stidua?dna?,gnitset?lacinhcetoeg?,yevrus?rof?sdnuf?fo?erutidnepxe?eriuqerlliw?ecnegilid?euD??.ytreporp?hcae?ro f?worcse?ni?detisoped?eb?lliw?yenom?tsenrae?elbadnufer?fo?000,001$????.snoitaredisnoc?laicos?dna?cimonoce?no?etis?hcae?fo?tcapmi?dnastsoc?tnempoleved?etis?lluf?eht?enimreted?ot?detaulave?eb?lliw?tsoc ?dnal?eht?tsuj?dnoyeb?srotcaf?elpitluM?.CRSR?eht?fo?noitacoleht?rof?setis?laitnetop?eerht?fo?ytilibatius?eht?etaulave?ot?ecnegilid?eud?fo?syad?021?eht?esu?dna?dnaleht?fo?tsoc?eht?ni-kcol?ot?ytiC?eht? wolla?stnemeerga?esahcrup?fo?snoitpmussa?dna?stnemngissa?esehT??.stcejorp?xat?selas?lacoleht?lla?rof?etadpu?na?dedivorp?,4202?,92?yraunaJ?no?noisseS?ydutS?licnuoC?ytiC?ehT?.stcejorp?noisnetxexat?sela s?lacol?3202?devorppa?eht?fo?eno?si?)CRSR(?xelpmoC?noitaerceR?dna?stropS?lanoigeR?ehT:evitarraN?tropeR?227780235246?.oN?DIP?&?,427780235246?.oNDIP?,027780315246?.oN?DIP?,slecrap?eerht?fo?gnitsisnoc?n oitaroproC?sdooF?aceneS?-?3?ytreporP?.3744580311247.oN?DIP?lecrap?fo?noitrop?fo?gnitsisnoc?)etis?MBI?remrof(?supmaC?tseW?retsehcoR?-?2?ytreporP?.2076280114257.oN?DIP??&?112530314257?.oN?DIP?,slecrap? owt?fo?gnitsisnoc?smraF?regdaB?-?1?ytreporP?.1??:0782J.oN?tcejorP?)CRSR(?xelpmoC?noitaerceR?dna?stropS?lanoigeR?eht?rof?noitaredisnoc?rednu?seitreporpeerht?gniwollof?eht?rof?stnemeergA?esahcruP?fo?no itpmussA?dna?tnemngissA?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???61.F0782J?.oN?tcejorP-?xelpmoCnoitaerceR?dna?stropS?lanoigeR?eht?rof?stnemeergAesahcruP?ytreporP?fo?noitpmussA?dna?tnemngissA NOITCA?ROF?TSEUQER yesmaR?tocS:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE P 422 erca?rep?000,32$?,000,866,2$?,serca?611???:smraF?regdaB?-?1#?ytreporP??:tsoc?dnal?tnemeerga?esahcrup?ytreporP?.xelpmoCnoitaerceR?dna?stropS?lanoigeR?eht?rof?detangised?xaT?selaS?lacoL?eht?hguor ht?detcelloc?noilliM?56$eht?morf?diap?eb?lliw?sesnepxe?noitaulave?etis?ecnegilid?eud?dna?stisoped?yenom?tsenraE?eht?rof?sdnuF:tcapmI?ecruoseR?&?lacsiF?tcejorp?CRSR?rof?setis?ytreporp?ssucsid?ot?noiss eS?licnuoC?desolC?:4202?,01?enuJnoitatnemelpmI?laweneR?xaT?selaS?lacoL?fo?lavorppA?-?gniteeM?licnuoC?:4202?,81?hcraM.xelpmoC?noitaerceR?dna?stropS?lanoigeR?eht?rof?seitivitca?gninnalp?gnimmargorp?dna ?snoitarepo?rof)PFR(?slasoporP?rof?tseuqeR?eht?rof?sdib?fo?noitaticilos?eht?dezirohtuA?-?gniteeM?licnuoC?:4202?,4?hcraMnoitatnemelpmI?xaT?selaS?lacoL?rof?gnidaeR?tsriF?-?gniteeM?licnuoC?:4202?,12?yra urbeFlicnuoC?ytiC?ot?dedivorp?etadpU?xaT?selaS?lacoL?-?noisseS?ydutS?licnuoC?:4202?,92?,yraunaJstluseR?noitcelE?lapicinuM?laicepS?fo?gnissavnaC?-?3202?,31?rebmevoN)xaT?selaS?lacoL?fo?egassaP?retoV(?n oitcelE?laicepS?ytiC-?3202?,7?rebmevoN?egaugnal?tollab?noisnetxe?xat?selas?eht?detpodA?-?gniteeM?licnuoC?:3202?,42?yluJ.troper?xelpmoC?noitaerceR?&?stropS?lanoigeR?eht?rof?ecnanetniaM?dna?snoitarepO? erutuF?detcejorP?dna,margorP?ngiseD?yranimilerP?,tnemegagnE?ytinummoC?,sisylanA?spaG?-?gniteeM?licnuoC?:3202?,42?yluJ.devorppA?tcejorP?desoporP?xaT?selaS?noitpO?lacoL?xelpmoC?noitaerceR?dna?stropS?la noigeReht?mrofnI?rehtruF?ot?secivreS?lanoisseforP?rof?GSI?htiw?tnemeergA?-?gniteeM?licnuoC?:3202?,6?yraurbeF:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.scihpargomed?esrevid?fo?yteirav?ediw??rof ?ecaps?evisulcni?gnimoclew?a?rof?wolla?lliw?taht?margorp?dnangised?,seitinema?fo?snoitaredisnoc?lanoitidda?egats?ngised?lanif?eht?tA??.noitceles?etis?rof?ecnegilid?eudeht?fo?trap?eb?lliw?tuo?yal?etis ?sa?llew?sa?ssecca?tisnart?dna?ytivitcennoc?sa?hcus?snoitaredisnoc?laicoS?".krow?dna?,yalp?,evil?ot?ecalp?evisulcni?na?etaerc?ot?secivres?elbatiuqegnidivorp...ytinummoc?a?ot?dettimmoc?si?retsehcoR?fo ?ytiC?ehT"?tnemetatS?tnemtimmoC?noisulcnIdna?,ytiuqE?,ytisreviD?s'ytiC?eht?htiw?sngila?tcejorp?xelpmoC?noitaerceR?dna?stropS?lanoigeR?ehT?.ymonoce?lacol?eht?tcapmi?ylevitisop?lliwhcihw?stneve?strops? rof?noitanitsed?lanoiger?a?emoceb?sa?llew?sa?stnediser?retsehcoR?lla?rof?seitinutropponoitaercer?lanoitidda?edivorp?lliw?xelpmoc?sihT?.tnemeganaM?htworG?&?ycnarbiV?cimonocE?dna?secivreSytilauQ?fo?sei tiroirp?cigetarts?s'ytiC?eht?stroppus?tcejorp?xelpmoC?noitaerceR?dna?stropS?lanoigeR?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ:selpicnirP?lanoitadnu oF?&?seitiroir ?423 0782J?.oN?tcejorP?xelpmoC?noitaerceR?dna?stropS?lanoigeR?-?aceneS?-?tnemeergA?esahcruP0782J?.oN?tcejorP?xelpmoC?noitaerceRdna?stropS?lanoigeR?-?aceneS?-?tnemeergA?esahcruP?ytreporP?fo?noitpmussA ?dna?tnemngissA0782J.oN?tcejorP?xelpmoC?noitaerceR?dna?stropS?lanoigeR?-?supmaC?tseW?retsehcoR?-?tnemeergA?esahcruP0782J?.oN?tcejorP?xelpmoC?noitaerceR?dna?stropSlanoigeR?-?supmaC?tseW?retsehcoR?-?tn emeergA?esahcruP?ytreporP?fo?noitpmussA?dna?tnemngissA0782J?.oN?tcejorP?xelpmoC?noitaerceR?dna?stropS?lanoigeR?-?smraF?regdaB?-?tnemeergA?esahcruP0782J?.oN?tcejorP?xelpmoC?noitaerceRdna?stropS?lanoig eR?-?smraF?regdaB?-?tnemeergA?esahcruP?ytreporP?fo?noitpmussA?dna?tnemngissA0782J?.oN?tcejorP-?xelpmoC?noitaerceR?dna?stropS?lanoigeR?-?paM?snoitacoL?etiS:stnemhcattA yesmaR?tocS:yB?deraperP?.emit?si ht?ta?dednemmocer?snoitca?etanretla?oN?:)s(noitcA?evitanretlA?erca?rep?053,24$?,005,253,6$?,serca?051?-?noitaroproC?sdooF?aceneS?-?3#?ytreporP??erca?rep?000,05$?,000,053,5$?,sercA?701?:)etis?MBI?remr of(?supmaC?tseW?retsehcoR?-?2#?ytreporP 424 ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 425(Signature Page to Follow)shall be deemed to beoriginals.This Assignment may be executed in counterparts and facsimile or PDFsignatures 4.of the Agreement.perform, observe, satisfy,and discharge all of the terms, conditions, obligations,and restrictions obligations,and restrictions relating to the Agreement and agrees to fully, promptly,and properly and interest of Assignor under the Agreement and agrees to be bound by all terms, conditions, Assignee, for itself and its successors and assigns, hereby assumes all right, title, 3.right, title, and interest under the Agreement.Assignor does hereby transfer, assign, convey,and grant to Assignee all Assignor’s 2.Agreement.reference.Any capitalized term not defined herein shall have the meaning given to it in the The above Recitals and definitions set forth therein are incorporated herein by this 1.do covenant and agree as follows:valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties NOW, THEREFORE, in consideration of the foregoing premises and for other good and AGREEMENTassign its rights under the Agreement to Assignee and Assignee desires to accept the same. WHEREAS, in accordance with Article 15of the Agreement, Assignor now desires to detail in Exhibit Aand Exhibit Battached to the Agreement(the “Property”).real propertylocated in the City of Rochester, OlmstedCounty, Minnesota, described in more dated as ofJune 10, 2024, withRichard E. Badger, Trustee, regarding the purchase of that certain WHEREAS, Assignorentered into that certainPurchaseAgreement(the “Agreement”),RECITALSOF ROCHESTER, a municipality existing under the laws of Minnesota(“Assignee”).LEAF PARTNERS, LLC, a Minnesotalimited liability company (“Assignor”),and THE CITY (“Assignment”)is entered intoand effective on the date first written below, by and betweenRED AND ASSUMPTION OF PURCHASE AGREEMENT THIS ASSIGNMENT 2 426 Its City Clerk Kelly GeistlerAttest: Its Mayor Kim NortonBy: A MINNESOTA MUNICIPAL CORPORATIONCITY OF ROCHESTER, MINNESOTAASSIGNEEManagerTitle:Daniel P. JohnsonName:By: RED LEAF PARTNERS, LLCASSIGNOR, 2024.behalf effective as ofIN WITNESS WHEREOF, the parties have caused this Assignmentto be executed on their 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 447(Signature Page to Follow)shall be deemed to be originals.This Assignment may be executed in counterparts and facsimile or pdf signatures 4.the Agreement.perform, observe, satisfy and discharge all of the terms, conditions, obligations and restrictions of obligations and restrictions relating to the Agreement and agrees to fully, promptly and properly and interest of Assignor under the Agreement and agrees to be bound by all terms, conditions, Assignee, for itself and its successors and assigns, hereby assumes all right, title, 3.right, title, and interest under the Agreement.Assignor does hereby transfer, assign, convey and grant to Assignee all Assignor’s 2.Agreement.reference.Any capitalized term not defined herein shall have the meaning given to it in the The above Recitals and definitions set forth therein are incorporated herein by this 1.do covenant and agree as follows:valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties NOW, THEREFORE, in consideration of the foregoing premises and for other good and AGREEMENTassign its rights under the Agreement to Assignee and Assignee desires to accept the same. WHEREAS, in accordance with Article 15of the Agreement, Assignor now desires to Agreement(the “Property”).OlmstedCounty, Minnesota, described in more detail in Exhibit Aand Exhibit Battached to the company, regarding the purchase of that certain real propertylocated in the City of Rochester, dated as ofJuly 29, 2024, withRochester West Campus,LLC, a Delawarelimited liability WHEREAS, Assignorentered into that certainPurchaseAgreement(the “Agreement”),RECITALSOF ROCHESTER, a municipality existing under the laws of Minnesota(“Assignee”).LEAF PARTNERS, LLC, a Minnesotalimited liability company (“Assignor”), and THE CITY (“Assignment”) is entered into and effective on the date first written below, by and between RED THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 2 448 Its City Clerk Kelly GeistlerAttest: Its Mayor Kim NortonBy: A MINNESOTA MUNICIPAL CORPORATIONCITY OF ROCHESTER, MINNESOTAASSIGNEETitle:ManagerName:Daniel P. JohnsonBy: RED LEAF PARTNERS, LLCASSIGNOR, 2024.behalf effective as of IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on their 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 471(Signature Page to Follow)shall be deemed to be originals.This Assignment may be executed in counterparts and facsimile or PDFsignatures 4.of the Agreement.perform, observe, satisfy,and discharge all of the terms, conditions, obligations,and restrictions obligations,and restrictions relating to the Agreement and agrees to fully, promptly,and properly and interest of Assignor under the Agreement and agrees to be bound by all terms, conditions, Assignee, for itself and its successors and assigns, hereby assumes all right, title, 3.right, title, and interest under the Agreement.Assignor does hereby transfer, assign, convey,and grant to Assignee all Assignor’s 2.Agreement.reference.Any capitalized term not defined herein shall have the meaning given to it in the The above Recitals and definitions set forth therein are incorporated herein by this 1.do covenant and agree as follows:valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties NOW, THEREFORE, in consideration of the foregoing premises and for other good and AGREEMENTassign its rights under the Agreement to Assignee and Assignee desires to accept the same. WHEREAS, in accordance with Article 15of the Agreement, Assignor now desires to described in more detail in Exhibit Aand Exhibit Battached to the Agreement(the “Property”).purchase of that certain real propertylocated in the City of Rochester, OlmstedCounty, Minnesota, dated as ofJune 10, 2024, withSeneca Foods Corporation, a New York corporation, regarding the WHEREAS, Assignorentered into that certainPurchaseAgreement(the “Agreement”),RECITALSOF ROCHESTER, a municipality existing under the laws of Minnesota(“Assignee”).LEAF PARTNERS, LLC, a Minnesotalimited liability company (“Assignor”),and THE CITY (“Assignment”)is entered into and effective on the date first written below, by and betweenRED AND ASSUMPTION OF PURCHASE AGREEMENT THIS ASSIGNMENT 2 472 Its City Clerk Kelly GeistlerAttest: Its Mayor Kim NortonBy: A MINNESOTA MUNICIPAL CORPORATIONCITY OF ROCHESTER, MINNESOTAASSIGNEETitle:ManagerName:Daniel P. JohnsonBy: RED LEAF PARTNERS, LLCASSIGNOR, 2024.behalf effective as of IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on their Execution Version 473 products and any substance, chemical, waste or material regulated by any Hazardous Material Law. nuclear fuel or materials, radioactive materials, explosives, known carcinogens, petroleum products and by-ignitability, corrosiveness or reactivity, including asbestos, urea formaldehyde, polychlorinated biphenyls, regulated under applicable law because of its toxicity, infectiousness, radioactivity, explosiveness, 1.9 Hazardous Material. Any substance, chemical, waste or material that is or becomes and the Closing. 1.8 Executory Period. The period between the mutual execution and delivery of this Agreement described Section 3.2.2. as escrow agent1.7 Earnest Money. The earnest money deposit made by Purchaser and held by Title Company deliveries required pursuant to Section 8.2. date Purchaser has received the Title Commitment, and (c) the date Purchaser has received the last of the the later of (a) the date the Continuation Notice (as defined herein) has been delivered by Purchaser, (b) the 1.6 Contingency Date. The first business day occurring one hundred twenty (120) days after Section 5.1.1. 1.5 Commitment. The title insurance commitment with respect to the Land described in Date. to Section 5.3 and any other provision of this Agreement which provides for postponement of the Closing 1.4 Closing Date. The date on which the Closing shall occur as provided in Section 4.1, subject be performed, all in accordance with Article 4. Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to 1.3 Closing. Concurrently, the transfer of title to the Property to Purchaser, the payment to Companies (“Seller’s Broker” and together with Purchaser’s Broker, the “Brokers”) 1.2 Brokers. Dan Johnson of Dialect, Inc. (“Purchaser’s Broker”) and Tom Hexum of Hexum Exhibit B: Site Plan Exhibit A: Legal Description of Land 1.1 Agreement. This Agreement, including the following exhibits attached hereto and hereby The following terms shall have the meanings set forth below: Article 1. Definitions. Accordingly, Seller and Purchaser agree as follows: property to Purchaser, pursuant to the terms and conditions set forth in this Agreement. Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such (“Seller”), and Red Leaf Partners, LLC, a Minnesota limited liability company (“Purchaser”). June, 2024 (“Effective Date”), by and between Seneca Foods Corporation, a New York corporation This Purchase Agreement (“Agreement”) is made and entered into effective as of the 10th day of PURCHASE AGREEMENT -1- 474 (d) any surveys, blueprints, plans, and specifications. plans for the Property; Authorities”) related to assessments, zoning changes, permitted uses, or future of Rochester, or other governmental or regulatory authority (“Governmental (c) Any written notices, letters, or other correspondence from Olmsted County, City Property; (b) Any leases or licenses which are not recorded with title, which may burden the property reports in Seller’s possession; environmental, disclosure letters, no action or no association letters, or other information, warranties, or maintenance documents, geotechnical, soils, (a) Any property condition reports, wetland delineation or flood designation but not limited to: 1.18 Records. All records of Seller in Seller’s possession relating to the Property, including, 1.17 Purchase Price. The purchase price for the Property described in Article 3. 1.16 Property. The Land and the Improvements, collectively. day following sixty (60) days thereafter. 1.15 Preliminary Approvals Period. The period between the Effective Date and the first business described in Section 3.2.1 in consideration for the Preliminary Approvals Period described herein. 1.14 Preliminary Approvals Fee. The non-refundable fee paid by Purchaser to Seller as affecting title to the Property as may be determined to be Permitted Exceptions pursuant to Section 5.2. 1.13 Permitted Exceptions. The easements, restrictions, reservations, and other matters unless context otherwise dictates. herein to the Land pertaining to the Closing or the Closing Date shall refer to the Land after the Replat the Land pertaining to the Executory Period shall refer to the Land prior to the Replat, and all references Exhibit B, together with all easements, appurtenances and hereditaments thereto. All references herein to attached as the anticipated depiction of the Land following the Replat is on the attached Exhibit A, and(defined herein), which Land will be platted out of the three parcels of real property being legally described 1.12 Land. The real property to consist of approximately 150 acres following the Replat if any. 1.11 Improvements. All buildings, structures, fixtures and improvements located on the Land, which the Property is located. rule or regulation which relates to or deals with human health or the environment in the jurisdiction in time to time, and any other Federal, state, county, municipal, local or other law, statute, code, ordinance, Conservation and Recovery Act, the Toxic Substances Control Act, as such acts may be amended from Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Resource 1.10 Hazardous Material Laws. Comprehensive Environmental Response, Compensation, and -2- 475 not be present in person at the office of the Title Company for the Closing to occur. may agree. Each party shall deposit its respective closing documents and funds into the escrow and need Date via escrow through the offices of Title Company or on such other date and time as Seller and Purchaser as such may be extended pursuant to the terms of this Agreement. The Closing shall be held on the Closing business day occurring thirty (30) days after the Contingency Date being, the “Scheduled Closing Date”), ) business day occurring thirty (30) days after the Contingency Date (the first st not later than the first (14.1 Closing Date. The Closing shall occur on a date agreed upon by Seller and Purchaser but Article 4. Closing. available funds on the Closing Date. 3.2.3 The balance of the Purchase Price in cash or by wire transfer of immediately Notice and held and disbursed pursuant to the terms of this Agreement. Purchaser in escrow with Title Company within five (5) days after delivery of the Continuation 3.2.2 One hundred thousand dollars ($100,000) as Earnest Money, to be deposited by remittance. Purchaser shall provide Title Company and Seller reasonable, documented evidence of such wired or otherwise remitted by Purchaser to Seller within five (5) days after the Effective Date. 3.2.1 Five thousand dollars ($5,000) as the Preliminary Approvals Fee, to be directly 3.2 Manner of Payment. The Purchase Price shall be payable as follows: the “Purchase Price”). the survey necessary for the Replat, rounded to the nearest hundredth decimal place (such revised amount, be revised to equal the Per Acre Price multiplied by the acreage determined by the surveyor who performed completion of the Replat, without further action by either party hereto, the Estimated Purchase Price shall ($6,352,500.00) based on the acreage in Exhibit B attached hereto (the “Estimated Purchase Price”). Upon which aggregate amount equals Six Million Three Hundred Fifty-Two Thousand Five Hundred dollars sum of Forty-Two Thousand Three Hundred Fifty dollars ($42,350.00) per acre (the “Per Acre Price”), 3.1 Amount. Purchaser shall pay to Seller as and for the Purchase Price for the Property the Article 3. Purchase Price. and conditions hereinafter set forth, the Property. Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the terms Article 2. Purchase and Sale. 1.21 Title Evidence. The Title Commitment and Survey. 1.20 Title Company. Rochester Title & Escrow Company, Inc. 1.19 Survey. The survey of the Property described in Section 5.1. materials delivered to Purchaser. delivered by Seller to Purchaser. Seller shall have no obligation to update or supplement any of the diligence or relied upon by Purchaser, or responsibility assumed by Seller, with respect to the diligence materials Purchaser acknowledges and agrees that no representations or warranties have been or are made by Seller -3- 476 Agreement, or (b) may be required of Purchaser under applicable law, including any purchaser’s documents and instruments required to be executed and delivered by Purchaser pursuant to this necessary to evidence the authority of Purchaser to enter into and perform this Agreement and the appropriate) by Purchaser, which (a) Seller or Title Company may reasonably determine are 4.4.2 All documents and instruments, each executed and acknowledged (where Earnest Money shall be disbursed to Seller by Title Company at Closing. Preliminary Approvals Fee shall be applied to and credited against the Purchase Price, and the pursuant to Section 4.6, by wire transfer of immediately available funds. The Earnest Money and 4.4.1 The portion of the Purchase Price payable pursuant to Section 3.2.3, as adjusted 4.4 Purchaser’s Closing Deliveries. At Closing, Purchaser shall cause to be delivered to Seller: 4.3 Intentionally Omitted. Agreement. 4.2.7 A settlement statement prepared by the Title Company consistent with this applicable law. of storage tanks about the Property, or the extent of compliance of any of the Property with any of the Property, the presence (or absence) of wells about the Property, the presence (or absence) statements, or any affidavits, certifications or statements relating to the environmental condition of or (d) may be required of Seller under applicable law, including any revenue or tax certificates or Company may require as a condition to issuing the title insurance policy described in Section 6.1.2, instruments required to be executed and delivered by Seller pursuant to this Agreement, (c) Title evidence the authority of Seller to enter into and perform this Agreement and the documents and Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to reasonably determine are necessary to transfer the Property to Purchaser subject only to the 4.2.6 All documents and instruments which (a) Purchaser or Title Company may 4.2.5 Any appropriate required Federal Income Tax reporting form. Internal Revenue Code and containing such additional information as may be required thereunder. partnership”, “foreign trust” or “foreign estate” as those terms are defined in Section 1445 of the 4.2.4 A transferor's certification stating that Seller is not a “foreign person”, “foreign so-called “standard exceptions” from the title insurance policy described in Section 6.1.2. affecting title to the Property and/or as may be reasonably required by Title Company to delete the bankruptcies, parties in possession, survey and mechanics’ or materialmens’ liens and other matters 4.2.3 An affidavit of Seller regarding liens, judgments, residence, tax liens, 7.1 of this Agreement are true and correct as of the Closing Date. 4.2.2 A certificate certifying that the representations and warranties contained in Section Permitted Exceptions. A general warranty deed conveying to Purchaser the Property, subject only to 4.2.1 substance reasonably satisfactory to Purchaser: appropriate), and deliver to Purchaser the following, each dated as of the Closing Date and in form and 4.2 Seller’s Closing Documents. At Closing, Seller shall execute, acknowledge (where -4- 477 Closing because the amount or amounts of one or more items included in such calculation are not then If any of the amounts allocated under this Section 4.6 cannot be calculated with complete precision at Survey. of Purchaser’s inspection and examination of the Property, including, without limitation, the 4.6.9 Purchaser shall pay for any diligence or inspection costs incurred in the conduct Broker on account of this transaction in the amount that is five percent (5%) of the Purchase Price. 4.6.8 Seller shall pay a brokerage commission to each of Purchaser’s Broker and Seller’s attorneys’ fees incurred in connection with this transaction. 4.6.7 Except as provided in Article 13, Seller and Purchaser shall each pay its own Title Company with respect to the transaction contemplated by this Agreement. 4.6.6 Seller and Purchaser shall each pay one half (1/2) of any Closing fee payable to given by Purchaser in connection with this transaction, if applicable. described in Section 6.1.2 and for any mortgagee’s title insurance policy regarding any mortgage to Section 5.2. Purchaser shall pay all premiums required for the owner’s title insurance policy fees charged by Title Company for any escrow regarding Purchaser’s objections to title pursuant 4.6.5 Seller will pay all service charges for and costs of the Title Commitment and all other documents. condition required pursuant to Sections 5.2 and 5.3. Purchaser will pay the cost of recording all delivered by Seller to Purchaser, necessary to place record title to the Property in Seller in the 4.6.4 Seller shall pay the cost of recording all documents, including the deed to be mortgage given by Purchaser on the Property in connection with this transaction, if applicable. Seller to Purchaser, if any. Purchaser shall pay any mortgage registry tax regarding and any 4.6.3 Seller shall pay all state transfer or deed tax regarding the deed to be delivered by constituting a lien with respect to any of the Property as of the Closing Date. lieu of such assessments) due and payable in the year of Closing, and those levied, pending or 4.6.2 Seller shall pay in full all special assessments (and charges in the nature of or in applicable to any of the Property as of the Closing Date. subsequent thereto. Seller shall pay in full all “green acres”, catch-up or other deferred taxes to the period prior to the Closing Date and Purchaser being responsible for those allocable Replat, as of the Closing Date based upon a calendar fiscal year, with Seller paying those allocable year of Closing shall be prorated between Seller and Purchaser on a daily basis, accounting for the 4.6.1 General real estate taxes applicable to any of the Property due and payable in the 4.6 Closing Adjustments. The following adjustments shall be made at Closing: recording and disbursement consistent with this Agreement. deliveries described in Sections 4.2, 4.2.10, and 4.4 with Title Company with appropriate instructions for 4.5 Closing Escrow. Purchaser and/or Seller at their option may deposit the respective Closing 4.4.3 A settlement statement consistent with this Agreement executed by Purchaser. affidavits or revenue or tax certificates or statements. -5- 478 beyond the Scheduled Closing Date to discharge or satisfy any Monetary Lien. objections shall be deemed to be Permitted Exceptions). Seller shall not be allowed any additional time such title objections and proceed with this transaction subject thereto (in which case, any such title unable or not willing to remedy the Purchaser’s objections; provided, that Purchaser may elect to waive reasonably satisfactory to Purchaser on or before the Closing Date; or (ii) notify Purchaser that Seller is objections to either (i) notify Purchaser that Seller will remedy the Purchaser’s objections in a manner 5.3 Correction of Title. Seller shall be allowed thirty (30) days after the making of Purchaser’s any updates to the Title Commitment following its initial issuance as provided herein. event shall Monetary Liens be Permitted Exceptions. Purchaser shall be entitled to review and object to judgement liens and tax liens (for taxes due and payable), affecting the Property (“Monetary Liens”). In no to object to, and Seller shall remove at or before Closing, all monetary liens, including mortgages, Objection Date. Notwithstanding anything to the contrary herein, in no event shall Purchaser be required Evidence as the same may be revised or endorsed from time to time for any items which first arise after the affirmative insurance and/or certification. Purchaser shall have the renewed right to object to the Title (e) revisions to the Title Evidence as to any matters reasonably warranting additional investigation, accuracy) with respect to the Property if available in the jurisdiction in which the Property is located, and title insurance endorsements (including comprehensive, zoning, access, subdivision, contiguity and survey coverage, (c) affirmative insurance of any easements appurtenant to the Property, (d) reasonable affirmative requirement as set forth in the Commitment, (b) deletion of all the so-called “standard exceptions” to based upon its initial review of the same, including requiring (a) satisfaction of Title Company’s Exceptions. Purchaser’s objections may include additional requirements with regard to the Title Evidence not made on or before the Objection Date shall be deemed to be waived by Purchaser and shall be Permitted for examination thereof and making any objections to the form and/or content of the same. Any objections Contingency Date or twenty (20) days after receipt of the last of the Title Evidence (the “Objection Date”) 5.2 Purchaser’s Objections and Requirements. Purchaser shall be allowed until the later of the survey or new survey being, the “Survey”). Purchaser, in its sole discretion, may elect to obtain a new survey of the Property (such updated matters shown as exceptions or referenced therein. “standard exceptions” to coverage, and (d) include copies of available documents, instruments and owner of the Land, subject only to Permitted Exceptions, (c) commit to delete all of the so-called Owner’s Policy (7-01-21) in an amount equal to the Estimated Purchase Price, (b) show Seller as Commitment”). The Title Commitment shall (a) be an ALTA Commitment (7-01-21) for an ALTA 5.1.1 A commitment to insure title to the Property issued by Title Company (the “Title the following title evidence to Purchaser: 5.1 Title Evidence. Within five (5) business days after the Effective Date, Seller shall furnish Article 5. Title Examination. Purchaser on the Closing Date. 4.7 Possession. Seller shall deliver exclusive legal and actual possession of the Property to item or items become known. subject to prompt adjustment (by additional payment or refund, as necessary) when the amount of any such known, then such calculation shall be made on the basis of the reasonable estimates of Seller and Purchaser, -6- 479 Purchaser on or before the applicable date, subject however to Article 13. The conditions in this Section 6.2 this Section 6.2 with respect to each condition, then Seller may terminate this Agreement by notice to If any of the conditions in this Section have not been satisfied on or before the applicable date set forth in to be performed by Purchaser under this Agreement as and when required under this Agreement. 6.2.2 On the Closing Date, Purchaser shall have performed all of the obligations required Section 7.2 shall be true and correct as if the same were made on the Closing Date. 6.2.1 On the Closing Date, each of the representations and warranties of Purchaser in contingent upon each of the following: 6.2 Conditions in Favor of Seller. The obligations of Seller under this Agreement are satisfied or waived by Purchaser without Purchaser’s consent. modifies or changes the circumstances upon which the conditions set forth in this Section 6.1 were deemed part thereof, by notice to Seller. Seller shall not take or authorize, directly or indirectly, any action that unilaterally waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any Section 6.1 are specifically stated and for the sole benefit of Purchaser. Purchaser in its discretion may discretion. The conditions in this such satisfaction shall be determined by Purchaser in its sole and absoluteArticle 13. To the extent that any of the conditions in this Section 6.1 require the satisfaction of Purchaser, to Seller on or before the applicable date and receive a refund of the Earnest Money, subject however to Section 6.1 with respect to each condition, then Purchaser may terminate this Agreement by written notice If any conditions in this Section 6.1 have not been satisfied on or before the applicable date set forth in this acceptable to Purchaser pursuant to Section 8.4. 6.1.5 On the Closing Date, Purchaser shall have obtained the Approvals in a manner be performed by Seller under this Agreement as and when required under this Agreement. 6.1.4 On the Closing Date, Seller shall have performed all of the obligations required to Date. Section 7.1 shall be true and correct in all material respects as if the same were made on the Closing 6.1.3 On the Closing Date, each of the representations and warranties of Seller in Sections 5.2 and 5.3. Permitted Exceptions and otherwise in a form reasonably approved by Purchaser pursuant to and any appurtenant easements designated by Purchaser pursuant to Section 5.2, subject only to the Purchaser an owner’s policy of title insurance pursuant to the Commitment with respect to the Land 6.1.2 On the Closing Date, Title Company shall be irrevocably committed to issue to to be in a condition satisfactory for Purchaser to proceed to Closing. Exceptions, Survey, status of Replat, and Records, and Purchaser has otherwise found the Property or performed by Purchaser pursuant to Section 8.1 and with its review and analysis of the Permitted satisfied with the matters and conditions disclosed by the reports, investigations and tests received 6.1.1 On or before the Contingency Date, Purchaser shall have determined that it is contingent upon each of the following: 6.1 Conditions in Favor of Purchaser. The obligations of Purchaser under this Agreement are Article 6. Conditions Precedent. -7- 480 proceeding. and Seller knows of no facts which could give rise to any such action, litigation, investigation, or investigation or proceeding of any kind pending or threatened against Seller or any of the Property, 7.1.10 Seller has received no notice of and has no knowledge of any action, litigation, in violation of applicable law or any applicable private restriction applicable to the Property. 7.1.9 Seller has received no notice of and has no knowledge that any of the Property is of any pending or threatened action which would impair such access. adjoining streets, roads, and highways, and Seller has received no notice of and has no knowledge 7.1.8 The Property has free, full, legal, valid, and perpetual access to and from all committed to dedicate any of the Property. condemnation or transfer in lieu thereof affecting any of the Property, nor has Seller agreed or 7.1.7 Seller has received no notice of and has no knowledge of any pending or threatened may give rise to any special assessments affecting the Property. special assessments affecting the Property or any proposed or pending public improvements which 7.1.6 Seller has received no notice of and has no knowledge of any pending or proposed valorem taxes in order to recover the amounts previously abated or deferred. valorem taxes which, in such case, will result in any “green acres”, catch-up or other deferred ad to obtain a special low ad valorem tax rate or receive either an abatement or deferment of ad 7.1.5 The Property has not been classified under any designation under applicable law and except pursuant to Permitted Exceptions. 7.1.4 No person or entity is entitled to possession of any of the Property, other than Seller the Property for which payment in full has not been made. 7.1.3 There has been no labor or materials of any kind furnished to or for the benefit of which may delay or prevent this transaction. refusal or first offer, options to purchase any of the Property or any other rights or agreements than this Agreement. Seller has received no notice of and has no knowledge of any rights of first 7.1.2 Seller has not entered into any contracts for the sale of any of the Property other 7.1.1 Seller has good, marketable and insurable record title to the Land. the date of this Agreement as follows: 7.1 Seller’s Representations and Warranties. Seller represents and warrants to Purchaser as of Article 7. Representations and Warranties. connection therewith. respectively, including executing such documents as may be reasonable requested by the other in without charge in the parties’ attempts to satisfy the conditions set forth in Sections 6.1 and 6.2, 6.3 Cooperation. The parties shall cooperate with each other to all reasonable extents and one or more of the conditions, or any part thereof, by notice to Purchaser. are specifically stated and for the sole benefit of Seller. Seller in its discretion may unilaterally waive any -8- 481 or release by Purchaser of any claims arising out of or in connection with such breach. The foregoing Consummation of this Agreement by Purchaser with knowledge of any such breach shall not constitute a waiver be entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of, Purchaser. The foregoing representations and warranties are express representations and warranties which Purchaser shall estate” as those terms are defined in Section 1445 of the Internal Revenue Code. 7.1.16 Seller is not a “foreign person”, “foreign partnership”, “foreign trust” or “foreign an offer of settlement, extension or composition to its creditors generally. Seller’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made Seller’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Seller’s 7.1.15 Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed and/or any of the Property is bound or subject. order or decree of any court or arbiter to which Seller is a party, or any agreement to which Seller conflict with or result in a violation of Seller’s articles of incorporation or by-laws or any judgment, action on the part of Seller and that such execution, delivery and performance does and will not delivered by Seller pursuant hereto have each been duly authorized by all necessary corporate with its terms. This Agreement and the documents and instruments required to be executed and and delivered by Seller and is a valid and binding obligation of Seller enforceable in accordance to be executed and delivered by Seller pursuant hereto. This Agreement has been duly executed and authority to enter into and perform this Agreement and the documents and instruments required to transact business in the jurisdiction in which the Property is located and has the requisite power good standing under the laws of the jurisdiction in which the Property is located, is duly qualified 7.1.14 Seller has been duly formed under the laws of the State of New York and is in material respect. or any affiliate has knowledge that the same are inaccurate, incomplete, or misleading in any not prepared by Seller or an affiliate of Seller or their conclusions or recommendations unless Seller Seller does not warrant and shall not be responsible for the accuracy or completeness of any Record to Purchaser true, correct, and complete copies of the Records in Seller’s custody and control. 7.1.13 Seller has delivered or, within the time frame provided in Section 8.2, shall deliver for the Permitted Exceptions. maintenance contracts, equipment leases or other contracts regarding any of the Property except 7.1.12 There are no leases or possessory rights in favor of any party, service or any Hazardous Materials are or have ever been located about the Property. above-ground or underground storage tanks or other containment facilities of any kind containing and alleging non-compliance with or liability under any Hazardous Material Law, or (c) that any hearings, litigation, or other action proposed, threatened, or pending relating to any of the Property Laws, or (b) of any, requests, notices, investigations, demands, administrative proceedings, emitted, stored, disposed of, used, or released about the Property in violation of Environmental Material are or have ever been generated, manufactured, buried, spilled, leaked, discharged, Substance Laws. Seller has received no notice of and has no knowledge (a) that any Hazardous Materials used by Seller in the ordinary course of its business and in accordance with Hazardous permitted no other party to do any of the same, except for immaterial quantities of Hazardous emitted, stored, disposed of, used, or released any Hazardous Materials about the Property, and has 7.1.11 Seller has not generated, manufactured, buried, spilled, leaked, discharged, -9- 482 copies of each of the Records.Seller shall deliver to Purchaser within thirty (30) business days after the Effective Date true and complete 8.2 Delivery Requirements. To the extent not previously delivered by Seller to Purchaser, refunded to Purchaser. the Contingency Date, in which case this Agreement shall terminate, and the Earnest Money shall be purposes, Purchaser may terminate this Agreement by delivering written notice of such election on or before caused by such inspection. If Purchaser determines that the Property is not suitable for its intended activities consistent with the purposes of this Agreement. Purchaser shall restore any damage to the Property such activities, soil, and other tests, coordinate design and planning efforts, and for other investigations and assessments as they shall require Seller’s written approval, at Seller’s sole discretion, prior to undertaking diligence, perform surveys, environmental assessments, except soil boring or Phase II environmental independent contractors shall have the right to enter the Property to inspect the same, coordinate due 8.1 Right of Entry. During the Executory Period, Purchaser and its employees, agents, and Article 8. Inspection; Condition of Property at Closing; Covenants. representations and warranties shall survive termination of this Agreement. or release by Purchaser of any claims arising out of or in connection with such breach. The foregoing Consummation of this Agreement by Seller with knowledge of any such breach shall not constitute a waiver entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of, Seller. The foregoing representations and warranties are express representations and warranties which Seller shall be “foreign estate” as those terms are defined in Section 1445 of the Internal Revenue Code. 7.2.3 Purchaser is not a “foreign person”, “foreign partnership”, “foreign trust” or come due, or (vi) made an offer of settlement, extension, or composition to its creditors generally. or substantially all, of Purchaser’s assets, (v) admitted in writing its inability to pay its debts as they substantially all of Purchaser’s assets, (iv) suffered the attachment or other judicial seizure of all, Purchaser’s creditors, (iii) suffered the appointment of a receiver to take possession of all or filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by 7.2.2 Purchaser has not (i) made a general assignment for the benefit of creditors, (ii) or any agreement to which Purchaser and/or any of the Property is bound or subject. documents or any judgment, order, or decree of any court or arbiter to which Purchaser is a party, performance does and will not conflict with or result in a violation of Purchaser’s governing action on the part of Purchaser and that such execution, delivery, and necessary corporateexecuted and delivered by Purchaser pursuant hereto have each been duly authorized by all accordance with its terms. This Agreement and the documents and instruments required to be and delivered by Purchaser and is a valid and binding obligation of Purchaser enforceable in to be executed and delivered by Purchaser pursuant hereto. This Agreement has been duly executed and authority to enter into and perform this Agreement and the documents and instruments required to transact business in the jurisdiction in which the Property is located and has the requisite power good standing under the laws of the jurisdiction in which the Property is located, is duly qualified 7.2.1 Purchaser has been duly formed under the laws of the State of Minnesota and is in of the date of this Agreement as follows: 7.2 Purchaser’s Representations and Warranties. Purchaser represents and warrants to Seller as Agreement. representations and warranties (including as remade pursuant to Section 4.2.2) shall survive termination of this -10- 483 Purchaser, which shall not be unreasonably withheld, conditioned or delayed. During the Executory Period, covenants, conditions, or restrictions against any of the Property) without the prior written approval of thereof or further encumber any of the Property (including, without limitation, the recording of any shall not grant to any third party any interest or any right to acquire an interest in the Property or any part 8.6 Future Encumbrances. Except as permitted herein, during the Executory Period, Seller Replat prior to Closing. of the Replat, to update Purchaser’s ALTA Owner’s Policy and any Survey to reflect the recording of the provide Purchaser a reasonable amount of time, which shall not exceed thirty (30) days following recording shall be promptly returned to Purchaser. Notwithstanding anything herein to the contrary, Seller shall which case, neither party shall have any further rights and obligations hereunder and all Earnest Money completed prior to such 90th day Purchaser or Seller shall have the right to terminate this Agreement, in however, the Scheduled Closing Date shall not be extended more than 90 days, and if the Replat is not Date shall be extended until the date that is ten (10) days after such procedure is completed; provided, Replat has been fully approved and recorded) as of the Scheduled Closing Date, then the Scheduled Closing and suitable road and utility access to its remaining property. If the Replat is not completed (meaning the 60.400.030 of the Rochester Minnesota Code of Ordinances, and in no event shall Seller be denied adequate with adequate and suitable road and utility access to Seller’s remaining property as required by Section with such surveyors and authorities upon reasonable request, and provided that the Property is replatted governmental authorities and Purchaser shall deliver to Seller copies of any related material correspondence responsibility of Purchaser. Seller may participate in any related discussions with surveyors and against the Property as a consequence of the Replat (the “Replat Special Assessments”) shall be the requests for signing authorizations or providing letters in support. Further, any special assessments levied procedure at the earliest reasonably possible date, and Seller shall reasonably cooperate with Purchaser’s after the Continuation Notice and shall thereafter use reasonable efforts and due diligence to complete the replatted into a single lot and block (the “Replat”). Purchaser shall commence the Replat as soon as practical 8.5 Replat. Prior to Closing, Purchaser shall, at its sole cost and expense, cause the Land to be shall be as set forth in this paragraph. right and option to terminate this Agreement by giving Seller written notice of such intent and the remedies Purchaser has not agreed to an acceptable form of Approvals by the Closing Date, Purchaser shall have the discretion and Seller will reasonably cooperate in any such negotiations, at no expense to Seller. If otherwise, Purchaser may negotiate the terms of Approvals until the Closing Date in its reasonable refundable to Purchaser, and the parties hereto shall have no further liability or obligation hereunder; Approvals Period, this Agreement shall expire and terminate, the Preliminary Approvals Fee shall not be that Purchaser gives no Continuation Notice of any kind on or before the expiration of the Preliminary give Seller written notice of such satisfaction (the “Continuation Notice”); provided, however, in the event its Preliminary Approvals Activities by the expiration of the Preliminary Approvals Period, Purchaser shall relating to the Approvals (“Preliminary Approvals Activities”). If Purchaser is satisfied with the status of the Preliminary Approvals Period, Purchaser shall conduct preliminary investigations and negotiations sole discretion (“Approvals”) required for its planned development, in Purchaser’s sole discretion. During of the Land by Purchaser (or its assigns or designees), in a configuration determined by Purchaser in its other approvals, licenses and permits necessary for the purchase and intended development and operation including in obtaining any and all construction, zoning, entitlement, land use, registered land survey, and Authorities and other third parties for any necessary changes to applicable laws, ordinances, or regulations, 8.4 Approvals. Purchaser shall use good faith efforts to negotiate with Governmental or better condition than which it existed on the Contingency Date. in a condition consistent with the representation and warranties in Section 7.1, and in any event in the same 8.3 Condition of Property at Closing. Seller shall deliver the Property to Purchaser at Closing -11- 484 Agreement.result of the actions of such party. The provisions of this Article 12 shall survive termination of this from all liabilities incurred by the other relating to such brokerage commission or finder's fee incurred as a commission or finder's fee as a result of this transactions and each party agrees to hold the other harmless Closing, each of the parties represents to the other that such party has not incurred any brokerage state of Minnesota. Except for the commission payable to the Brokers, which shall be paid by Seller at . Manager of Purchaser, Dan Johnson, is a licensed real estate broker in the Article 12. Brokers repair or restoration resulting therefrom, without the consent of Purchaser. counsel, appear in, or otherwise act with respect to any eminent domain proceedings, or commence any domain, in the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate the award, in the case of a completed eminent domain proceeding, or an assignment of all rights in eminent or (b) proceed to Closing and receive at Closing either a credit against the Purchase Price in the amount of option (to be exercised within thirty (30) days after Seller’s notice) may either (a) terminate this Agreement, against any of the Property, Seller shall immediately give notice thereof to Purchaser, and Purchaser at its If prior to Closing eminent domain proceedings are commenced Article 11. Condemnation. 10.3 Survival. The terms of this Article 10 shall survive termination of this Agreement. 10.2.3 The operation of the Property following Closing. 10.2.2 Purchaser’s entry upon the Property as provided in Section 8.1. any other provision of this Agreement or any instrument delivered pursuant hereto. 10.2.1 The breach of any of the representations and warranties set forth in Section 7.2 or from and against all liabilities incurred by Seller by reason of any of the following: 10.2 Purchaser’s Indemnities. Purchaser hereby agrees to indemnify and hold Seller harmless instrument delivered pursuant hereto. (including as remade pursuant to Section 4.2.2) or any other provision of this Agreement or any 10.1.1 The breach of any of the representations and warranties set forth in Section 7.1 and against all liabilities incurred by Purchaser by reason of any of the following: 10.1 Seller’s Indemnities. Seller hereby agrees to indemnify and hold Purchaser harmless from Article 10. Indemnities. any public or private entity with respect to any of the Property. to Purchaser a copy of any notice, consent, waiver, request or other communication Seller receives from no improvements or alterations of the Property without the consent of Purchaser, and (d) promptly deliver Property, (b) execute no contracts, leases or other agreements regarding any of the Property, (c) undertake During the Executory Period, Seller shall (a) not lease, convey or otherwise transfer any of the Article 9. Operation Pending Closing. or conveyance of the Property. of the Property ; or (b) enter into any binding agreement, arrangement or understanding for the sale, transfer Seller shall not: (a) enter into any binding agreement, formal or informal, for the sale, transfer or conveyance -12- 485 Email: jexner@senecafoods.com Janesville, WI 53546 418 East Conde Street Attn: John Exner, General Counsel & Secretary If to Seller: Seneca Foods Corporation respective addresses as follows: be deemed given and served upon transmission. In all cases notices shall be addressed to the parties at their email at the email address set forth hereinbelow for the party to whom notice is given, and such notice shall delivery, addressed to such party at the address hereinafter specified. In addition, notice may be given by address hereinafter specified, or (iii) deposited into the custody of a reputable overnight carrier for next day (ii) placed in the United States mail, certified and return receipt requested, addressed to such party at the when (i) delivered in person to the address set forth hereinbelow for the party to whom the notice is given, other shall be in writing and the same shall be given and shall be deemed to have been served and given Any notice required or permitted to be given hereunder by one party to the Article 17. Notices. such information confidential. to effect the transaction contemplated by this Agreement, provided that such parties are instructed to keep respective affiliates, lenders, employees, agents, legal counsel and other advisors as reasonably necessary to the extent required by applicable law, except that such information may be disclosed to each party’s of the other and of the terms of this Agreement, and not to disclose the same to any third party other than Seller and Purchaser agree to retain the confidentiality of the identity Article 16. Confidentiality. other entity, without the consent of Seller by providing written notice to Seller. Purchaser may assign its rights under this Agreement to any person or Article 15. Assignability. deed or termination shall not affect the termination of this Agreement. recordable form in order to remove the cloud of this Agreement from the Property, but failure to give such within ten (10) days after written request, a quit claim deed and/or a termination of this Agreement in shall immediately cease. In such event, Purchaser agrees to execute, acknowledge, and deliver to Seller to Purchaser and upon such return the respective rights of Seller and Purchaser arising out of this Agreement contrary, if this Agreement is terminated pursuant to the terms hereof, the Earnest Money shall be returned Except as expressly provided in this Agreement to the Article 14. Termination; Confirmation. its costs of enforcement and attorneys’ fees. this Agreement or any term hereof, each party shall be responsible for, and shall not be entitled to recover, therefor is commenced within six (6) months after such right arises. In any action or proceeding to enforce the right to specifically enforce this Agreement or seek damages from Seller, provided that any action termination of this Agreement, the Earnest Money shall be returned to Purchaser. Purchaser also shall have shall be forfeited to Seller as agreed and final liquidated damages. In the case of any default by Seller, upon termination, if a Continuation Notice has been provided by Purchaser as set forth herein, the Earnest Money and exclusive remedy shall be termination of this Agreement as provided above and, upon any such shall have been cured, this Agreement shall terminate. In the case of any default by Purchaser, Seller's sole giving of such notice), may terminate this Agreement, and upon such date, unless the default so specified date on which this Agreement shall terminate (which date shall be not less than thirty (30) days after the Agreement, the other party, by notice to such defaulting party specifying the nature of the default and the If either party shall default in any of their respective obligations under this Article 13. Default.-13- 486 and indemnities”, (iii) “any of the Property” shall mean “the Property or any part thereof or interest therein”, to”, (ii) “terms” shall mean “terms, provisions, duties, covenants, conditions, representations, warranties words and phrases shall have the following meanings: (i) “including” shall mean “including but not limited and vice versa, the masculine, feminine and neuter adjectives shall include one another, and the following or intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope 19.7 Captions, Gender, Number and Language of Inclusion. The article and section headings respective efforts in preparing it. Agreement shall not be interpreted in favor of or against either Seller or Purchaser merely because of their 19.6 Construction. The rule of strict construction shall not apply to this Agreement. This 19.5 Time of the Essence. Time is of the essence under this Agreement. thereby. unenforceable, the remainder of this Agreement and any other application of such term shall not be affected 19.4 Severability. If any term of this Agreement or any application thereof shall be invalid or the State of Minnesota. 19.3 Governing Law. This Agreement shall be construed under and governed by the laws of the Closing and shall not be merged therein. 19.2 Survival; No Merger. The terms of this Agreement shall survive and be enforceable after writing by the party benefited by such term. executed by both Seller and Purchaser. No term of this Agreement shall be waived unless done so in to this transaction. This Agreement may not be amended, modified or supplemented except in a writing understanding between Seller and Purchaser, and supersedes any prior oral or written agreements, relating 19.1 Entire Agreement; Modification. This Agreement embodies the entire agreement and Article 19. Miscellaneous. of the Purchase Price from a third party. required in order to complete such tax-deferred exchange, including accepting payment of all or a portion the Internal Revenue Code of 1986. Seller and Purchaser hereby agree to cooperate as may reasonably be any of the Property in connection with the completion of a tax-deferred exchange under Section 1031 of Seller acknowledges that Purchaser may elect to acquire Article 18. Tax Deferred Exchange. addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee. provided, shall designate, provided that no party may require notice to be sent to more than three (3) or to such party at such other address as such party, by ten (10) days prior written notice given as herein Email: dan@redleafpartners.com Excelsior, MN 55331 441 2nd Street Attn: Dan Johnson If to Purchaser: Red Leaf Partners, LLC Email: tom.hexum@yahoo.com : Tom Hexum With a copy to -14- 487 END OF ARTICLE which shall be an original, but all of which together shall constitute one instrument. 19.9 Counterparts. This Agreement may be executed in any number of counterparts, each of heirs, executors, administrators, successors and assigns of Seller and Purchaser. 19.8 Binding Effect. This Agreement shall inure to the benefit of and shall bind the respective related transactions contemplated by this Agreement”. operation, maintenance or management”, and (x) “this transaction” shall mean “the purchase, sale and under or about the Property”, (ix) “operation” shall mean “use, non-use, possession, occupancy, condition, laws, statutes, codes, ordinances, rules and regulations”, (viii) “about the Property” shall mean “in , on, against”, (vii) ”applicable law” shall mean “all applicable Federal, state, county, municipal, local or other attorneys’ fees”, (vi) “incurred by” shall mean “imposed upon or suffered or incurred or paid by or asserted damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including reasonable (iv) “rights” shall mean “rights, duties and obligations”, (v) “liabilities” shall mean “liabilities, obligations, -15- 488 Dan Johnson (Jun 5, 2024 13:41 CDT)Paul Palmby Paul Palmby (Jun 5, 2024 12:25 CDT) Title: Manager Name: Dan Johnson By RED LEAF PARTNERS, LLC PURCHASER Title: President & CEO Name: Paul Palmby By SENECA FOODS CORPORATION SELLER Date first above written. Seller and Purchaser have caused this Agreement to be executed and delivered as of the Effective RED LEAF PARTNERS, LLC SENECA FOODS CORPORATION AND BETWEEN DATED JUNE 10, 2024 PURCHASE AGREEMENT FOR SIGNATURE PAGE -1- 489 Title: Name: By ROCHESTER TITLE & ESCROW COMPANY, INC. Dated: , 2024 and to hold and disburse the Earnest Money in accordance with the terms thereof. The undersigned hereby agrees to act as Title Company under the foregoing Purchase Agreement JOINDER OF TITLE COMPANY -1- 490 Commitment. Legal Description is to be revised to reflect the actual Legal Description following receipt of the Title Note: The PID is not an integral part of the legal description and are for reference purposes only. The PID: 642532087722 CO HWY ROW PLAT NO 235 SEC 25-106-14 SEC 25 SHOWN AS PARCEL 2 ON OLMSTED N10A SW1/4 LESS TH PT E1/2 SW1/4 SECT-25 TWP-106 RANGE-014 Parcel 3 Commitment. Legal Description is to be revised to reflect the actual Legal Description following receipt of the Title Note: The PID is not an integral part of the legal description and are for reference purposes only. The PID: 642532087724 SEC 25-106-14 SHOWN AS PARCEL 1 ON OLMSTED CO HWY ROW PLAT NO 235 AS PAR 46 ON MN DOT R-O-W PLAT NO 55-6 ALSO LESS TH PT SW1/4 SW1/4 ALSO LESS PC SHOWN SW1/4 LESS 1A SHS LESS N10A SECT-25 TWP-106 RANGE-014 Parcel 2 Commitment. Legal Description is to be revised to reflect the actual Legal Description following receipt of the Title Note: The PID is not an integral part of the legal description and are for reference purposes only. The PID: 642513087720 SEC 25-106-14 E1/2 NW1/4 SHOWN AS PAR 3 ON OLMSTED CO HWY ROW PLAT NO 235 AS PAR 1 ON AMENDED OLMSTED CO HWY ROW PLAT NO 236 & TH PT TH PT W1/2 NE1/4 SEC 25 SHOWN W1/2 NE1/4 & E1/2 NW1/4 LESS SECT-25 TWP-106 RANGE-014 Parcel 1 Legal Description of the Land EXHIBIT A A-1 491 Site Plan EXHIBIT B B-1 For 492 GMT?PM?6:41:46?-?2024-06-05 completed.?Agreement server??Time?-?GMT?PM?6:41:46?-?2024-06-05?Date:?Signature(dan@redleafpartners.com)?Johnson?Dan?by?e-signed?Document GMT?PM?6:41:44?-?2024-06- 05 Johnson?Dan?as?signing?at?name?entered?dan@redleafpartners.com?GMT?PM?6:41:03?-?2024-06-05 dan@redleafpartners.com?by??Email server??Time?-?GMT?PM?5:25:45?-?2024-06-05?Date:?Signature(ppalmby@sene cafoods.com)??Paul?by?e-signed?Document GMT?PM?5:25:43?-?2024-06-05?Paul?as?signing?at?name?entered?ppalmby@senecafoods.com?GMT?PM?5:25:04?-?2024-06-05 ppalmby@senecafoods.com?by??Email GMT?PM?5:24:24?-?2024-06-05 signature?for?ppalmby@senecafoods.com?to?emailed?Document GMT?PM?5:24:24?-?2024-06-05 signature?for?dan@redleafpartners.com?to?emailed?Document GMT?PM?5:24:18?-?2024-06-0 5(mday@dialectre.com)?Day?Mitchell?by?created?Document History?"Rochester?-?Agreement?Purchase?Seneca?-?RLP?-?Signature?"For ID:CBJCHBCAABAA74We4iDrPwQN8cUUuzDq1F3FqwE9AXZG?TransactionStatus:Signed(m day@dialectre.com)?Day?By:MitchellCreated:2024-06-05 Report2024-06-05?Audit?Final Rochester?-?AgreementPurchase?Seneca?-?RLP?-?Signature? M 493 rof?tcartnoc?secivres?lacinhcet?lanoisseforp?a?dna?)"\]4202\[?1?.oN?tcartnoC?renwO-ytiC?dednemA4755J"?sa?ot?derrefer?retfaniereh(?tnemdnema?tcartnoc?renwO-ytiC?a?drawrof?sgnirb?skroW?cilbuP?.42 02?,02?tsuguAfo?etad?noitelpmoc?a?tcelfer?ot?tcartnoc?4755J?eht?dednema?tcejorP?eht?rof?3#?redrO?egnahC?.3dna?,3202?,71?rebmevoNfo?etad?noitelpmoc?a?tcelfer?ot?tcartnoc?4755J?eht?dednema?tcejorP?eht? rof?2#?redrO?egnahC?.2dna?;doirep?ytnarraw?dna?ecnanetniamraey-2?a?edulcni?taht?sdnob?dednema?rof?noitagilbo?eht?sserdda?ot?dna?,3202?,1?rebmetpeS?foetad?noitelpmoc?a?tcelfer?ot?tcartnoc?4755J?lanigi ro?eht?dednema?tcejorP?eht?rof?1#?redrO?egnahC?.1:reenignE?ytiC?eht?yb?detucexe?yltneuqesbus?erew?sredro?egnahc?level?ffatS?.yaled?tuohtiw?noitcurtsnoceunitnoc?dna?,yteritne?s'ti?ni?,dettalp?sa?noisi vidbus?siht?htiw?detaicossa?stnemevorpmi?cilbup?llaetelpmoc?ot?troffe?na?ni?tnemdnema?tcartnoc?siht?sdnemmocer?ffats?ytiC?dna?sredro?egnahc?gniwollof?ehtdetroppus?ffats?ytiC?.etad?noitelpmoc?eht?dnet xe?ytiC?eht?detseuqer?seitrap?llA?.tcejorP?eht?rof?tcartnocrenwO-ytiC?eht?tuohguorht?deifitnedi?etad?noitelpmoc?eht?yb?detelpmoc?eb?ton?dluoc?stnemele?krowtnemevorpmi?cilbup?niatrec?dna?tcejorp?eht?n o?secnatsmucric?detapicitnanu?decneirepxe?repoleved?ehT?.ytiC?eht?yb?detucexe?ylluf?erew?stcartnoc?eseht?,2202?,21?tsuguA?nO?.3dna?";slliH?dnalhgiHfo?sdnoP?evreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tc ejorP?ot?detaler?krow?rof?,029,051$?rof,)reenignE?gnitlusnoC?sa(?,debuC-G?abd?,.cnI?,GGG?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp?A?.2dna?;)tcejorP?eht?sa?ot?derrefer?retfaniereh(?"slliHdnalhgiH ?fo?sdnoP?evreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tcejorP?rof?tcartnoc?renwO-ytiC?A?.1:dezirohtua?licnuoC?,2202?,02?enuJ?nO:evitarraN?tropeR.)4202(?1?.oN?tcartnoC?renwO-ytiC?dednemA?4755J?eht?fo?noi tucexe?ytiCot?tcejbus?",slliH?dnalhgiH?fo?sdnoP?evreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tcejorP?ot?detalerkrow?rof?,023,192$?rof?,debuC-G?abd?,.cnI?,GGG?htiw?tcartnoc?secivres?lacinhcet?lanoisseforp ?A?.2dna?;sdnob?etairporppa?eht?fo?noissimbuS?s'rotcartnoC?dna?,gnisahp?etairporppagnitciped?snalp?desiver?fo?lavorppa?nopu?lanoitidnoc?noitucexe?ytiC?htiw?",slliH?dnalhgiHfo?sdnoP?evreS?ot?stnemevor pmI?cilbuP"?,4755J?.oN?tcejorP?ot?tnemdnema?tcartnoc?renwO-ytiC?A?.1:gnizirohtuA:detseuqeR?noitcA???71.F4755J?.oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?evreS?otstnemevorpmI?cilbuP?:tcartnoC?renwO-ytiC?de dnemA NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE c 494 4755J?.oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?-?tcartnoC?secivreS?lacinhceT?lanoisseforP?weN?42024755J?.oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?-?tcartnoC?secivreS?lacinhceT?lanoisseforP?22024755J?. oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?-?tcartnoC?renwO-ytiC?22024755J?.oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?-?gnisahP?gnitcipeD?tibihxE?weN4755J?.oN?tcejorP?-?slliH?dnalhgiH?fo?sdnoP?-?tcartnoC?renwO- ytiC?dednemA?4202:stnemhcattA redeilttiM?elyK:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?secivreslacinhcet?lanoisseforp?eht?ot?gnidrocca?secivres?rie ht?rof?reenignE?gnitlusnoC?eht?gnitasnepmoc?ni?esurof?ytiC?eht?ot?,023,192$?fo?latot?a?rof?,004,041$?lanoitidda?na?fo?tnemyap-erp?a?edivorp?lliw?renwo?ehT:tcapmI?ecruoseR?&?lacsiF.devorppasalliV?slli H?dnalhgiH?fo?sdnoP?rof?)TALP030-2202DC(?talP?laniF?-?gniteeM?licnuoC?:3202?,9?yraunaJ.devorppaslliH?dnalhgiH?fo?sdnoP?rof?)TALP820-22220DC(?talP?laniF?-?gniteeM?licnuoC?:2202?,41?rebmevoN.dezirohtua ?tcartnoCsecivreS?lacinhceT?lanoisseforP?dna?)4755J(?tcartnoC?renwO-ytiC?-?gniteeM?licnuoC?:2202?,02?enuJ.devorppa?)TALP200-2202DC(?talP?yranimilerP?-?gniteeM?licnuoC?:2202?,7?hcraM.devorppa?)PDG100- 1202DC(?nalP?tnempoleveD?lareneG?-?gniteeM?licnuoC?:1202?,12?enuJ: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:tcapmI?IED?&?snoitaredisnoC?ycilo P tnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.stcartnoc?eht?neewteb?tsoc?ni?ecnereffid?ehtrof?,004,041$?fo?tnuoma?eht?ni?,ytiC?eht?ot?tnemyap?nopu-deerga?eht?gnikam?ren wO?eht?nopu?lanoitidnocsi?noitucexe?ytiC?.2202?,21?tsuguA?detad?reenignE?gnitlusnoC?eht?dna?ytiC?eht?neewteb?tcartnoceht?secalper?ylluf?tcartnoc?sihT?.renwO?eht?yb?diap?,023,192$?rof?,)reenignE?gnitl usnoC?sa(?debuC-G?abd,.cnI?,GGG?htiw?dednemmocer?si?tcartnoc?secivres?lacinhcet?lanoisseforp?tnerruc?eht?ot?tnemecalper?A?.renwO?eht?yb?diap?eb?ot?secivres?lacinhcet?lanoisseforp?rof?stsoc?lanoitidda dna?,etad?noitelpmoc?wen?,gnisahp?desiver?edulcni?taht?tcartnoc?4755J?eht?ot?smret?dednema?yfiralclliw?)4202(?1?.oN?tcartnoC?renwO-ytiC?dednemA?4755J?siht?fo?esU?.)reenignE?ngiseD?sa(?,debuC-G?abd,.c nI?,GGG?dna?,)rotcartnoC?sa(?,.cnI?,noitcurtsnoC?roclE?,)renwO?sa(?,CLL?,tnempoleveD?elboN?,tcartnoceht?ot?seitrap?emas?eht?htiw?dednemmocer?si?)4202(?1?.oN?tcartnoC?renwO-ytiC?dednemA?4755J?".slliHd nalhgiH?fo?sdnoP?evreS?ot?stnemevorpmI?cilbuP"?,4755J?.oN?tcejorP?rof?licnuoC?eht?yb?noitaredisno 495 1 496 O J5574 public improvements.-completing the Cnd conditions for to memorialize amended terms a -Amended C to executeParties have requested of additional public improvements within Ponds of Highland Hills, xecution of new contract(s) prior to initiation have been completed to date, and requiring eO J5574 to limit the contract scope to the public improvements that -In lieu of amending C 6) O J5574 public improvements.-of the Ccompletion withmove forward formulate a plan to discussions to ongoing have had staffity Cand he Parties. Tbe completed by the deadline in Change Order #3J5574 will not O -ity staff that public improvements for CCOwner and Contractor have expressed to 5) O J5574 is August 20, 2024.-#3 for Cpletion date reflected in Change Order December 31, 2022, and that the amended comO J5574 was -Parties and City acknowledge that the original completion date for C 4) .calendar yearone than more in occurringO J5574 -placement of pavement for public streets within Cresulting in schedule changes based on year warranty was required -. The twoyear warranty-onea year warranty versus -to include a twoO J5574 -Performance and Payment Bonds for CRider amending the Bond to supplying oras well as, to address Contractements, O J5574 public improv-address scheduling changes and completion dates for Chave been executed by Parties and City Engineer, to O J5574 -for Cchange orders O J5574, three staff level -Parties and City acknowledge that since full execution of C 3) ”.J5574O -as “C O J5574 -Amended Creferred to in hereinafter J5574, –Improvements to Serve the Ponds of Highland Hills Subdivision for Public ,August 12, 2022 dated Owner Contract-Parties and City entered into a City 2) .”Property“hereinafter referred to ,Olmsted County, Minnesota ,in the City of Rochester ,Subdivisiononds of Highland Hills he Ptl property platted as areand is developing Owner owns, 1) WITNESSETH, THAT WHEREAS .contractthis within ”“and Design Engineer shall hereinafter collectively be referred to ,Contractor(hereinafter referred to as “Design Engineer”), and together the Owner, Cubed-dba G corporationa Minnesota ,GGG, Inc.(hereinafter referred to as “Contractor”), and corporationa Minnesota , Inc.Elcor Construction, and nafter referred to as "Owner"),(herei limited liability companyMinnesota a , LLCDevelopment, eNobl”City“municipal corporation, (hereinafter referred to as a Minnesota ity of Rochester,C, between the 42this _______ day of _______________, 20made is ”O J5574,-to as “Amended C referredhereinafter ,AMENDED CONTRACTTHIS NO. 1 (2024) OWNER CONTRACT-CITYJ5574 AMENDED 2 497 \[Signature Pages Follow\] .and effect force full remain inO J5574 -Amended Crevised by that have not been -other provisions of C Parties and City agree that all 8. ”.-all public improvements within Csuch, the start of the warranty for each area will not be dependent on completion of As O J5574.-Amended CExhibit No. 1 of A, B, C & D, within Completed 2022, as identified Certificate of Acceptance for each phase of work completed within areas City may accept an Engineer’s “ :NCE, OWNERSHIPACCEPTANCE, MAINTENACITY .VISection O J5574, the following language is added to the end of-Within C 7. O J5574.-Amended C warranty, and is applicable toyear -remains in force, carries a two ,dated July 13, 2022 ,30165454Bond No. Contractor shall provide to City a Performance and Payment Bond Rider stating that 6. mprovements within Ponds of Highland Hills.of public ifor a total of 275 working days for all phases ,113 working dayslude an additional incnumber of working days to complete the public improvements is amended to heT . for completing the public improvements orking daysspecified 162 wJ5574 O -C ofon page 4 Section III. CONTRACTOR SPECIFIC OBLIGATIONS, Subsection c) 5. .its entiretyin J5574 is hereby stricken O -Cpage 16 of on The estimated Contractor’s Schedule 4. invoiced by City.being within 30 days of nvoiced chargesishall pay City for Owner concurrent with each area being released for application of building permits. r each area depicted within Exhibit No. 1 as A, B, C & D, will be invoiced by City foRemaining Public Works collected development related charges developable acres.” consisting of 14.19 ,as “Completed 2022 O J5574 -Amended CExhibit No. 1 of Ponds of Highland Hills depicted on the attached related charges for that part ofCity acknowledges payment by Owner for Public Works collected development 3. .-Cobservation and oversight services for for additional Design Engineer for City’s use in compensating .00$1of additional shall pay to City the Owner .$291,320.00 a total of $150,920.00 tois amended from -on page 2 of C Subsection d), SPECIFIC OBLIGATIONS OWNER’S Section I. the dollar amount in uch, Observation & Oversight. As sJ5574 will result in additional Project work days and additional expenses for O-Cremaining public improvements for J5574. The current schedule for completion of O -for performance of Observation & Oversight associated with CDesign Engineer Owner has previously paid to City the amount of $150,920 for City’s use in 2. November 30, 2025. completion date ofO J5574 -C#3, is replaced throughout amended through staff level Change Order #1, Change Order #2, and Change Order O J5574, and later -specified in C , ashe completion date of December 31, 2022T 1. :between City and to hereby mutually agreed O J5574 are-the following amended terms to CNOW, THEREFORE, 3 498 42, 20__________________________Dated City Clerk Kelly K. Geistler, ______________________________ 4Dated __________________________, 202 Mayor, Kim Norton __________BY__________________________ a Minnesota municipal corporation , MINNESOTA, CITY OF ROCHESTER CITY: executed on the day and year hereinabove set forth.N WITNESS WHEREOF, the respective parties hereto have caused this agreement to be duly I 4 499 Notary Public ___________________________________ .act and deed and on behalf of the executed the foregoing instrument and acknowledged that he/she executed the same as his/her free person who and who is personally known by me to be the ,Minnesota limited liability companya LLC, Noble Development,_________________ of the _________________, by ,4202___________, _____The foregoing instrument was acknowledged before me this )__________COUNTY OF SS) )MINNESOTASTATE OF Its: __________________________ : _______________________ ___By a Minnesota limited liability company ,Noble Development, LLC OWNER: 5 500 My Commission Expires: County: Notary Public company. iabilitythat he/she hereby executes said instrument for and on behalf of the limited l to execute the attached instrument for and on behalf of the limited liability company, and ted the he/she is authorized under the articles of organization or operating agreementindica (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) o being by me dulyappeared _________________________, to me personally known, wh , before me4On this _________________ day of ____________________, 202 COUNTY OF __________________ STATE OF ____________________ COMPANY AUTHORIZATION SIGNATURE FOR OWNER LIMITED LIABILITYACKNOWLEDGEMENT OF 6 501 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 and who is personally known by me to be the ,corporationa Minnesota , Construction, Inc. Elcor by _______________________________, the __________________________ of, 4202 ,___________The foregoing instrument was acknowledged before me this ___ day of )COUNTY OF ss.) )MINNESOTASTATE OF ___________________________ tsI ____________________________ yB corporationa Minnesota ,Elcor Construction, Inc. CONTRACTOR: 7 502 My Commission Expires: County: Notary Public of said instrument to be the free act and deed of said corporation. (Name of Officer) of Directors; and that said _________________________ acknowledged execution half of said corporation by authority of its Board instrument was executed on be (City & State) (Zip Code) _________________________, _______________, a corporation; and that said (Name of Corporation) (Address) ___, _________________________, ___________________________________ by me duly sworn, did say that he/she is the _________________________ of (Name of Officer) appeared _________________________, to me personally known, who being , before me 4On this _________________ day of ____________________, 202 COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR CONTRACTOR ACKNOWLEDGEMENT OF CORPORATION 8 503 Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Rochester Public Works This document was drafted by: Notary Public ___________________________________ .orporationcfree act and deed and on behalf of the who executed the foregoing instrument and acknowledged that he/she executed the same as his/her and who is personally known by me to be the , Cubed-dba G , a Minnesota corporationInc.GGG, , by ______________________________, the __________________________ of 4220 ,_____________The foregoing instrument was acknowledged before me this ___ day of ) _____________COUNTY OF ss.) ) STATE OF MINNESOTA _____________________________ tsI ____________________________ y B ,Cubed-dba G a Minnesota corporation ,GGG, Inc. DESIGN ENGINEER: 9 504 My Commission Expires: County: 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) _________________________, ______________________________________, of by me duly sworn, did say that he/she is the _________________________ (Name of Officer) appeared _________________________, to me personally known, who being , before me 42On this _________________ day of ____________________, 20 COUNTY OF __________________ STATE OF ____________________ AUTHORIZATION SIGNATURE FOR DESIGN ENGINEER ACKNOWLEDGEMENT OF CORPORATION 505 10 DEPICTING PHASING AREAS AND AREA OF WORK COMPLETED 2022 OWNER CONTRACT NO. 1 (2024)-J5574 AMENDED CITY NO. 1EXHIBIT ArcMap reference drawing showing location of J5574 – Public Improvements to Serve Ponds of Highland Hills 506 Plans cover sheet for J5574 – Public Improvements to Serve Ponds of Highland Hills Phasing Map for reference of J5574 – Public Improvements to Serve Ponds of Highland Hills 507 12th508August 509 510 511 512 513 514 515 August 12516August 12 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 ArcMap reference drawing showing location of J5574 – Public Improvements to Serve Ponds of Highland Hills 537 Reference drawing showing J5574 – Public Improvements to Serve Ponds of Highland Hills Page | 1538 5/3/202212/31/2023markw@ggg.toorgeoffg@ggg.toChatfield,MN5592314070Hwy52SEMinnesotaCorporationJ5574 PublicImprovementstoServePondsofHighlandHills GGGInc.dbaG-CubedMark?R.?Welch?or?Geoffre y?G.?Griffin(Signature Page Follows)IN WITNESS WHEREOF, the parties have executed this contract intending to be bound.Effective Date: Expiration Date:attached hereto and incorporated herein.manner consistent with the Special and General Conditions and any other conditions which are NOW, THEREFORE it is agreed that ENGINEER will perform the work under this Contract in a and agrees to perform all services described in this Contract consistent with City Spec. 1014.3.WHEREAS, ENGINEER represents that it is qualified (per qualification in City Spec. 1014.3) services as described herein; andWHEREAS, CITY does not have available necessary and / or qualified personnel to conduct the Email:City:Street:Name: a(“ENGINEER”);This Contract is between the City of Rochester, MN(City) and Accounting Information:Project Number:City Owner Project Title:TECHNICAL SERVICESCONTRACT FOR PROFESSIONAL August 12, 2022 G-Cubeddba Inc. GGG 539August 12, 2022 540 SPECIAL CONDITIONS 541 920.00,150ext.105,507-867-1666ergectManajProergectManajProext.105,507-867-1666.to@gggmarkwineergalEnpMarkWelchPrinci 12/31/20235/3/2022 14070?Hwy?52?SE,?Chatfield,?MN?55923 submitted for payment by the Engineer.services and deliverables are acceptable and satisfactory, the CITYS Authorized Agent will certify each invoice CITYS 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 BakerCITYS Authorized Agent, or Project Manager will be: CITYS AUTHORIZED AGENT / PROJECTMANAGER ARTICLE 5 Key Personnel occurs during the contract term.ENGINEER shall notify the CITY if any change inEmail:Responsibility:Address:Phone:Name:Title:ENGINEER Key Personnel:ARTICLE 4 AMOUNT:TOTAL CONTRACT$ Other Activities as directed by Engineer or CityAs RequiredAs RequiredWarranty InspectionsAs RequiredAs Requiredementgect ManajProProject Administration PreCon, Record DWGs, Full Time100%ancesyand Stormwater ConveStormwater Facilities Public Ponds Part Time25%ementgManaSite Erosion and Sediment Control (ESC) - Site All required stage testing of piping, subgrade,base Full Time100%Concrete street placementFull Time100%Bituminous wear placementFull Time100%Bituminous non-wearFull Time100%Curb / Gutter pouringFull Time100%Curb & Gutter string line check / verificationFull Time100%arationPart Time50%pCurb and Gutter PreAggregate Base compaction / proof roll testFull Time100%Aggregate Base PlacementPart Time50%Street Subgrade Preparation /CompactionFull Time100%Underground Utility Work and Trench CompactionFull Time100%General Site Grading & ExcavationPart Time25%Site Clearing & GrubbingPart Time25%ActivityLevel of InspectionTime (%)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:?Sanitary?&?Storm?Sewer,?Watermain,?and?Streets 542 Hours?Observation?Estimated?for?Public?Imp.?Working?Days?Contractor?Estimated?Time?Approx?%?of?Total?Hours:Subtotal?for?Field?Observati on:ActivityInspection?Level?of?Total?Estimated?Fee:City?Project?No.?J5574Construction?Plans?for?Ponds?of?Highland?Hills$???1232.0150,920.00$?????????????????$??????????0.0‐Engineer?of?Record210.00$?? ???????????????$??????????0.0‐Engineering?Aide135.00$?????$??????????616.083,160.00Observation?Mentor?(Min.?2o%?of?Lead?Observer)135.00$?????$??????????616.067,760.00Lead?Project?Observer110.00 Project?Role?/?ServiceRateHoursTotalFee?Estimate 1232.00.0 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?EngineerWeekly?Construction?Progress?Meetings?‐?2?hours?per?we ek?‐?Lead 2.0 Pre?Construction?Meeting?with?City?Staff?‐?Lead?Observer rOther?Activities*?Activities?are?in?G‐Cubed?contract?with?owne162.01230.0As?Required100%0.00.0 Other?Activities Part?time25%7.017.5 Site?Erosion?and?Sediment?Control?(ESC)?‐?Site?management Full?time100%3.030.0 All?required?stage?testing?of?pipe,?subgrade,?base?&?paving Full?time100%0.00.0 Concrete?Street?Pla cement Full?time100%2.020.0 Bituminous?Wear?Placement Full?time100%1.010.0 Bituminous?Non‐Wear?Review?‐?Prior?to?wear Part?time50%3.015.0 Bituminous?Non‐Wear Part?time50%5.025.0 Curb?&?Gutter?pouring Full?time100%1.010.0 yCurb?&?Gutter?String?Line?Check?/?Verif Part?time50%2.010.0 Curb?&?Gutter?preparation Full?time100%1.010.0 Aggregate?Base?Compaction?/?Proof?Roll?Test Part?time50%20.0100.0 Aggregate?Base?Placement Full?time100%1.010.0 Street?Subgrade?Preparation?/?Compaction Part?time50%65.0 Trench?Compaction?from?2'?over?Pipe?to?Surface Full?time100%130.0 Trench?Compaction?from?0‐2'? over?pipe Full?time100%65.0650.0 Underground?Utility?Work?Part?time25%0.00.0 Rock?Trench?Blasting Part?time25%28.070.0 General?Site?Grading?and?Excavation Part?time25%23.057.5 Site?Clearing?and?Grubb ing?/Removals 10yContractor?Work?day?is?Est.?at?10?hours?per?da 543 544 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 545 .’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.546 .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 547 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 10 548 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 549 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 17 550 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 551 waive all rights to and claims for monetary awards other than compensatory damages.proceedings must be venued in Olmsted County, Minnesota. The parties filed by either party. The legal or equitableet., seq. Any claim, controversy or dispute not resolved by mediation may be the subject of legal or equitable proceedings nesota, and in accordance with the Minnesota Civil Mediation Act, Minn. Stat. 572.31, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 552 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-MADEC OMMERCIAL GENERAL LIABILITYPREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE$MED EXP (Any one person)$PERSONAL & ADV INJURY$GENERAL AGGREGATE$PRODUCTS - COMP/OP AGG$$RETENTIONDEDCLAIMS-MADEOCC UR$AGGREGATE$EACH OCCURRENCE$UMBRELLA LIABEXCESS LIABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)INSRLTRTYPE OF INSURANCEPOLICY NUMBERPOLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITSPERSTATUTEOTH-ERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT$$$ANY PROPRIETOR/PARTNER/EXECUTIVEI f 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 A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :INSURER(S) AFFORDING COVERAGE ACCORDANCE WITH THE POLICY PROVISIONS.THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 553 554 555 ArcMap reference drawing showing location of J5574 – Public Improvements to Serve Ponds of Highland Hills 556 Reference drawing showing J5574 – Public Improvements to Serve Ponds of Highland Hills Page | 1 12/31/20275/3/2022markw@ggg.to or geoffg@ggg.toChatfield, MN 5592314070 Hwy 52 SEGGG, Inc., dba G-CubedMinnesota CorporationGGG, Inc., dba G-CubedJ5574Ponds of Highland Hills 557(Signature Page Follows)IN WITNESS WHEREOF, the parties have executed this contract intending to be bound. Expiration Date:Effective Date:attached hereto and incorporated herein.manner consistent with the Special and General Conditions and any other conditions which are NOW, THEREFORE it is agreed that ENGINEER will perform the work under this Contract in a and agrees to perform all services described in this Contract consistent with City Spec. 1014.3.WHEREAS, ENGINEER represents that it is qualified (per qualification in City Spec. 1014.3) services as described herein; andWHEREAS, CITY does not have available necessary and / or qualified personnel to conduct the Email:City:Street:Name:(“ENGINEER”); aThis Contract is between the City of Rochester, MN(City) and Accounting Information:Project Number:City Owner Project Title:TECHNICAL SERVICESCONTRACT FOR PROFESSIONAL 558 559 SPECIAL CONDITIONS 291,320.00507-867-1666. ext. 105Project ManagerProject Manager14070 Hwy 52 SE, Chatfield, MN 55923507-867-1666. ext. 105markw@ggg.toPrincipal EngineerMark Welch 12/31/2027 5/3/2022 560 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 14070 Hwy 52 S.E.561 www.ggg.toFax 507-867-1665Ph. 507-867-1666 PLANNINGSURVEYINGENGINEERING Description:?Sanitary?&?Storm?Sewer,?Watermain,?and?Streets 562 Hours?Observation?Estimated?for?Public?Imp.?Working?Days?Contractor?Estimated?Time?Approx?%?of?Total?Hours:Subtotal?for?Field?Observati on:ActivityInspection?Level?of?Total?Estimated?Fee:City?Project?No.?J5574Construction?Plans?for?Ponds?of?Highland?Hills$???1232.0150,920.00$?????????????????$??????????0.0‐Engineer?of?Record210.00$?? ???????????????$??????????0.0‐Engineering?Aide135.00$?????$??????????616.083,160.00Observation?Mentor?(Min.?2o%?of?Lead?Observer)135.00$?????$??????????616.067,760.00Lead?Project?Observer110.00 Project?Role?/?ServiceRateHoursTotalFee?Estimate 1232.00.0 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?EngineerWeekly?Construction?Progress?Meetings?‐?2?hours?per?we ek?‐?Lead 2.0 Pre?Construction?Meeting?with?City?Staff?‐?Lead?Observer rOther?Activities*?Activities?are?in?G‐Cubed?contract?with?owne162.01230.0As?Required100%0.00.0 Other?Activities Part?time25%7.017.5 Site?Erosion?and?Sediment?Control?(ESC)?‐?Site?management Full?time100%3.030.0 All?required?stage?testing?of?pipe,?subgrade,?base?&?paving Full?time100%0.00.0 Concrete?Street?Pla cement Full?time100%2.020.0 Bituminous?Wear?Placement Full?time100%1.010.0 Bituminous?Non‐Wear?Review?‐?Prior?to?wear Part?time50%3.015.0 Bituminous?Non‐Wear Part?time50%5.025.0 Curb?&?Gutter?pouring Full?time100%1.010.0 yCurb?&?Gutter?String?Line?Check?/?Verif Part?time50%2.010.0 Curb?&?Gutter?preparation Full?time100%1.010.0 Aggregate?Base?Compaction?/?Proof?Roll?Test Part?time50%20.0100.0 Aggregate?Base?Placement Full?time100%1.010.0 Street?Subgrade?Preparation?/?Compaction Part?time50%65.0 Trench?Compaction?from?2'?over?Pipe?to?Surface Full?time100%130.0 Trench?Compaction?from?0‐2'? over?pipe Full?time100%65.0650.0 Underground?Utility?Work?Part?time25%0.00.0 Rock?Trench?Blasting Part?time25%28.070.0 General?Site?Grading?and?Excavation Part?time25%23.057.5 Site?Clearing?and?Grubb ing?/Removals 10yContractor?Work?day?is?Est.?at?10?hours?per?da Description: 563 Hours Observation Estimated for Public Imp. Working Days Contractor Estimated Time Approx % of Inspection Level of Activity City Project No. J5574 - 2024 Option APonds of Highland Hills - 2024 construction Subtotal for Field Observation:Total Estimated Fee:Total Hours: $ 50,175.00334.5 $ -0.0 $ 272.00Engineer of Record $ -0.0 $ 150.00Engineering Aide $ -0.0 $ 120.00Observation Mentor (Min. 2o% of Lead Observer) $ 50,175.00334.5 $ 150.00Lead Project Observer TotalHoursRateProject Role / ServiceFee Estimate 334.50.0 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 Activities48.0332.50.00.0100%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 20.02.0100%Full time Bituminous Wear Placement 10.01.0100%Full time Bituminous Non-Wear Review - Prior to wear 10.02.050%Part time Bituminous Non-Wear 10.02.050%Part time Curb & Gutter pouring 20.02.0100%Full time Curb & Gutter String Line Check / Verify 5.01.050%Part time Curb & Gutter preparation 10.01.0100%Full time Aggregate Base Compaction / Proof Roll Test 50.010.050%Part time Aggregate Base Placement 100.010.0100%Full time Street Subgrade Preparation / Compaction 20.04.050%Part time Trench Compaction from 2' over Pipe to Surface 40.04.0100%Full time Trench Compaction from 0-2' over pipe 0.00.0100%Full time Underground - services 100.010.0100%Full time Underground Utility Work - Stormwater 0.00.0100%Full time Underground Utility Work - Watermain 0.00.0100%Full time Underground Utility Work - Sanitary 0.00.025%Part time Rock Trench Blasting 12.55.025%Part time General Site Grading and Excavation 0.00.025%Part time Site Clearing and Grubbing /Removals hours10Contractor Work day is Est. at 10 hours per dayPublic Utilities and Roadways Description: 564 Hours Observation Estimated for Public Imp. Working Days Contractor Estimated Time Approx % of Inspection Level of Activity City Project No. J5574 - 2024 Option BPonds of Highland Hills - 2024 construction Subtotal for Field Observation:Total Estimated Fee:Total Hours: $ 15,375.00102.5 $ -0.0 $ 272.00Engineer of Record $ -0.0 $ 150.00Engineering Aide $ -0.0 $ 120.00Observation Mentor (Min. 2o% of Lead Observer) $ 15,375.00102.5 $ 150.00Lead Project Observer TotalHoursRateProject Role / ServiceFee Estimate 102.50.0 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 0.0 Pre Construction Meeting with City Staff - Lead Observer* Activities are in G-Cubed contract with ownerOther Activities13.0102.50.00.0100%As Required Other Activities 0.00.025%Part time Site Erosion and Sediment Control (ESC) - Site management 0.00.0100%Full time All required stage testing of pipe, subgrade, base & paving 0.00.0100%Full time Concrete Street Placement 0.00.0100%Full time Bituminous Wear Placement 0.00.0100%Full time Bituminous Non-Wear Review - Prior to wear 0.00.050%Part time Bituminous Non-Wear 5.01.050%Part time Curb & Gutter pouring 10.01.0100%Full time Curb & Gutter String Line Check / Verify 2.50.550%Part time Curb & Gutter preparation 5.00.5100%Full time Aggregate Base Compaction / Proof Roll Test 10.02.050%Part time Aggregate Base Placement 20.02.0100%Full time Street Subgrade Preparation / Compaction 10.02.050%Part time Trench Compaction from 2' over Pipe to Surface 20.02.0100%Full time Trench Compaction from 0-2' over pipe 0.00.0100%Full time Underground - services 50.05.0100%Full time Underground Utility Work - Stormwater 0.00.0100%Full time Underground Utility Work - Watermain 20.02.0100%Full time Underground Utility Work - Sanitary 0.00.025%Part time Rock Trench Blasting 0.00.025%Part time General Site Grading and Excavation 0.00.025%Part time Site Clearing and Grubbing /Removals hours10Contractor Work day is Est. at 10 hours per dayPublic Utilities and Roadways Description: 565 Hours Observation Estimated for Public Imp. Working Days Contractor Estimated Time Approx % of Inspection Level of Activity City Project No. J5574 - 2024 Option CPonds of Highland Hills - 2024 construction Subtotal for Field Observation:Total Estimated Fee:Total Hours: $ 57,300.00382.0 $ -0.0 $ 272.00Engineer of Record $ -0.0 $ 150.00Engineering Aide $ -0.0 $ 120.00Observation Mentor (Min. 2o% of Lead Observer) $ 57,300.00382.0 $ 150.00Lead Project Observer TotalHoursRateProject Role / ServiceFee Estimate 382.00.0 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 Activities39.5380.00.00.0100%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 15.01.5100%Full time Bituminous Wear Placement 15.01.5100%Full time Bituminous Non-Wear Review - Prior to wear 7.51.550%Part time Bituminous Non-Wear 7.51.550%Part time Curb & Gutter pouring 15.01.5100%Full time Curb & Gutter String Line Check / Verify 7.51.550%Part time Curb & Gutter preparation 25.02.5100%Full time Aggregate Base Compaction / Proof Roll Test 12.52.550%Part time Aggregate Base Placement 25.02.5100%Full time Street Subgrade Preparation / Compaction 20.04.050%Part time Trench Compaction from 2' over Pipe to Surface 40.04.0100%Full time Trench Compaction from 0-2' over pipe 70.07.0100%Full time Underground - services 80.08.0100%Full time Underground Utility Work - Stormwater 70.07.0100%Full time Underground Utility Work - Watermain 90.09.0100%Full time Underground Utility Work - Sanitary 0.00.025%Part time Rock Trench Blasting 5.02.025%Part time General Site Grading and Excavation 0.00.025%Part time Site Clearing and Grubbing /Removals hours10Contractor Work day is Est. at 10 hours per dayPublic Utilities and Roadways Description: 566 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. J5574 - 2024 Option DPonds of Highland Hills - 2024 construction Subtotal for Field Observation: $ 17,550.00117.0 $ -0.0 $ 272.00Engineer of Record $ -0.0 $ 150.00Engineering Aide $ -0.0 $ 120.00Observation Mentor (Min. 2o% of Lead Observer) $ 17,550.00117.0 $ 150.00Lead Project Observer TotalHoursRateProject Role / ServiceFee Estimate 117.00.0 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 Activities12.0115.00.00.0100%As Required Other Activities 2.51.025%Part time Site Erosion and Sediment Control (ESC) - Site management 10.01.0100%Full time All required stage testing of pipe, subgrade, base & paving 0.00.0100%Full time Concrete Street Placement 5.00.5100%Full time Bituminous Wear Placement 5.00.5100%Full time Bituminous Non-Wear Review - Prior to wear 2.50.550%Part time Bituminous Non-Wear 2.50.550%Part time Curb & Gutter pouring 5.00.5100%Full time Curb & Gutter String Line Check / Verify 2.50.550%Part time Curb & Gutter preparation 10.01.0100%Full time Aggregate Base Compaction / Proof Roll Test 5.01.050%Part time Aggregate Base Placement 10.01.0100%Full time Street Subgrade Preparation / Compaction 5.01.050%Part time Trench Compaction from 2' over Pipe to Surface 10.01.0100%Full time Trench Compaction from 0-2' over pipe 45.04.5100%Full time Underground - services 30.03.0100%Full time Underground Utility Work - Stormwater 35.03.5100%Full time Underground Utility Work - Watermain 0.00.0100%Full time Underground Utility Work - Sanitary 0.00.025%Part time Rock Trench Blasting 5.02.025%Part time General Site Grading and Excavation 0.00.025%Part time Site Clearing and Grubbing /Removals hours10Contractor Work day is Est. at 10 hours per dayPublic Utilities and Roadways 567 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 568 .’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.569 .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 570 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 10 571 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 572 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 17 573 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 574 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, 575 SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE 576 AUTOSONLYHIRED TheACORDnameandlogoareregisteredmarksofACORDCERTIFICATEHOLDER©1988-2015ACORDCORPORATION.Allrightsreserved.ACORD25(2016/03)AUTH ORIZEDREPRESENTATIVE CANCELLATION DATE(MM/DD/YYYY)CERTIFICATEOFLIABILITYINSURANCE LOCJECTPRO-POLICYGEN'LAGGREGATELIMITAPPLIESPER:CLAIMS-MADEOCCUR COMMERCIALGENERALLIABILITY PREMISES(Eaoccurrence)$DAM AGETORENTEDEACHOCCURRENCE$MEDEXP(Anyoneperson)$PERSONAL&ADVINJURY$GENERALAGGREGATE$PRODUCTS-COMP/OPAGG$DEDRETENTION$CLAIMS-MADEOCCUR$AGGREGATE$EACHOCCURRENCE$UMBRELLALIABEXCESSLIABemarksSchedule,mayb eattachedifmorespaceisrequired)DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES(ACORD101,AdditionalRINSRLTRTYPEOFINSURANCEPOLICYNUMBERPOLICYEFF(MM/DD/YYYY)POLICYEXP(MM/DD/YYYY)LIMITS PERSTATUTEOTH-ERE.L.EA CHACCIDENTE.L.DISEASE-EAEMPLOYEEE.L.DISEASE-POLICYLIMIT$$$ANYPROPRIETOR/PARTNER/EXECUTIVEIfyes,describeunderDESCRIPTIONOFOPERATIONSbelow(MandatoryinNH)OFFICER/MEMBEREXCLUDED?ANDEMPLOYERS'LIABILITYWOR KERSCOMPENSATIONY/NAUTOMOBILELIABILITY ANYAUTOOWNEDSCHEDULEDNON-OWNEDAUTOSONLYAUTOSAUTOSONLYCOMBINEDSINGLELIMITBODILYINJURY(Perperson)BODILYINJURY(Peraccident)PROPERTYDAMAGE$$$$UCEDBYPAIDCLAIMS.EXCLU SIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,IN,THEINSURANCEAFFORDEDBYTHEPOLCERTIFICATEMAYBEISSUEDORMAYPERTATRACTOROTHERDOCUMENTWITHRESPECTTOWH ICHTHISIREMENT,TERMORCONDITIONOFANYCONINDICATED.NOTWITHSTANDINGANYREQUUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISS INSDADDLWVDSUBRN/A$$(E aaccident)(Peraccident)OTHER:ANDTHECERTIFICATEHOLDER.REPRESENTATIVEORPRODUCER,ENTHEISSUINGINSURER(S),AUTHORIZEDBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEHECOVERAGEAFFORDEDBYTHEPO LICIESCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTGHTSUPONTHECERTIFICATEHOLDER.THISTHISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIfsuchendorsement(s).thiscertificat edoesnotconferrightstothecertificateholderinlieuo,certainpoliciesmayrequireanendorsement.AstatementonIfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy(ies)musthaveADDITIONALINSUREDprovi sionsorbeendorsed.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicyCOVERAGESCERTIFICATENUMBER:REVISIONNUMBER:INSUREDPHONE(A/C,No,Ext):PRODUCERADDRESS:E-MAILFAX(A/C,No):CONTACTNAME:NAIC# INSURERA:INSURERB:INSURERC:INSURERD:INSURERE:INSURERF:INSURER(S)AFFORDINGCOVERAGE LICYPROVISIONS.ACCORDANCEWITHTHEPOTHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN M 577 ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP?.drawrof?evom?nac?saerA?ecivreS?nabrU?ruo?ot?tnemdnema?na?erofeb?lavorppa?ytiC?s eriuqer?tahtegaugnal?ycilop?tnerruc?eht?fo?ecnatropmi?eht?dlohpu?dna?ezingocer?ot?srenoissimmoC?ytnuoC?detsmlOeht?segru?,tnemdnema?desoporp?siht?no?noitisop?raelc?a?dna?,ytiC?eht?rof?snoitacilpmi?eht ?etacinummocot?dednetni?si?hcihw?,rettel?dehcatta?ehT?.gnisuoh?elbadroffa?gnitomorp?dna?,pihsdrawets?latnemnorivneot?tnemtimmoc?ruo?gnidlohpu?,gninnalp?erutcurtsarfni?elbaniatsus?yllacsif?gnirusne?ro f?laitnesse?sirennam?tneiciffe?dna?dezinagro?na?ni?worg?ot?seitic?swolla?taht?ycilop?lanoitnetni?dna?cigetarts?tnerruc?ehTyb?.ytiC?hcaeyb?dehsilpmocca?tseb?si?gninnalp?tnemevorpmi?latipac?ytilitu/aer A?ecivreS?nabrU?,sredivorp?erutcurtsarfniytilitu?yramirp?eht?era?seitic?esuaceB?.seicilop?esU?dnaL?s’ytiC?eht?htiw?ylesolc?yrev?ngila?tnemom?eht?tahcihw?,dnim?ni?selpicnirp?nalP?esU?dnaL?ytnuoC?detsm lO?eht?htiw?tseuqer?taht?weiver?ew?,aerA?ecivreSnabrU?ruo?nihtiw?tnempoleved?rof?tseuqer?a?seviecer?ytiC?eht?nehW?.erom?dna?,gnisuoh?elbadroffa,ytilibaniatsus?,noitcetorp?ecruoser?,pihsdrawets?latnem norivne?,snoitcennoc?esu?dnal?,selpicnirp?gninnalpelbisnopser?,noitanidrooc?erutcurtsarfni?gnizisahpme?seicilop?htiw?dereyal?si?nalp?devorppa?yltnecer?ehT.tnempoleved?dna?htworg?elbisnopser?ezitiroir p?taht?selpicnirp?no?tliub?ylesiw?saw?nalP?esU?dnaL?lareneGytnuoC?detsmlO?ehT?.egnahc?ycilop?ecnetnes-eno?elpmis?a?morf?raf?si?tnemdnema?desoporp?ehT?.egnahc?eht?sevorppa?draoB?ytnuoC?eht?sselnunoita nimreted?lanif?a?ton?si?ti?;gniteem?draoB?ytnuoC?gnimocpu?na?ta?dessucsid?eb?lliw?cipot?eht?tahtserusne?lavorppa?eettimmoc?sihT?.weiver?draoB?ytnuoC?rof?drawrof?evom?dluoc?noitacilppa?eht?erofebsaera ?ecivres?nabru?rieht?nihtiw?stnemdnema?nalP?esU?dnaL?evorppa?dna?weiver?seitic?taht?tnemeriuqertnerruc?eht?etanimile?dluow?taht?tnemdnema?txet?nalP?esU?dnaL?lareneG?a?htiw?gnideecorp?devorppaeettimmo c?eht?,gniteem?eettimmoC?tnempoleveD?lacisyhP?ytnuoC?detsmlO?,4202?,61?yluJ?eht?gniruD:evitarraN?tropeR.saerA?ecivreS?nabrU?ytiC?ot?edam?eb?yam?tnemdnema?na?erofeb?lavorppa?ytiC?seriuqer?taht?egaugna lycilop?ytnuoC?tnerruc?eht?fo?ecnatropmi?eht?dlohpu?dna?ezingocer?ot?srenoissimmoC?ytnuoC?detsmlOeht?gnigru?A?tnemhcattA?sa?detaroprocni?noitisoppO?fo?mudnaromeM?eht?htiw?noituloseR?a?gnitpodA:detseu qeR?noitcA???81.FaerA?ecivreS?nabrU?eht?nihtiw?stnemdnemAnalP?esU?dnaL?ytnuoC?evorppA?ot?stnemeriuqeRytiC?etanimilE?ot?tnemdnemA?txeT?nalP?esU?dnaLlareneG?ytnuoC?detsmlO?gnisoppO?mudnaromeM NOITCA?ROF?TSEUQER rezteY?nayR:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE P 578 nalP?esU?dnaL?lareneG?ytnuoC?detsmlO?ehtfo?01?.hC?gnidnemA?nehw?nalP?esU?dnaL?ytiC?eht?htiw?ycnetsisnoC?deunitnoC?rof?tseuqeR?-?noituloseRnalP?esU?dnaL?lareneG?ytnuoC?detsmlO?eht?fo?01?.hCgnidn emA?nehW?nalP?esU?dnaL?ytiC?eht?htiw?ycnetsisnoC?deunitnoC?rof?tseuqeR?-?mudnaromeM?tfarD:stnemhcattA rezteY?nayR:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?. gninnalp?erutcurtsarfni?s'ytiC?eht?no?tcapmi?rallod?noillim?92$~?a?deirrac?3202?rebmeceDni?desoppo?licnuoC?eht?taht?tnemdnema?nogiN?desoporp?eht?,elpmaxe?roF?.gninnalp?erutcurtsarfnielbaniatsus?yllac sif?ot?setaler?ti?sa?ytiC?eht?no?tcapmi?lacsif?tnacifingis?a?evah?dluow?ycilop?ytnuoC?sihT:tcapmI?ecruoseR?&?lacsiF?.)ytreporpnogiN?eht?sa?nwonk(?aerA?ecivreS?nabrU?s'ytiC?eht?morf?serca?05?yletamixo rppA?evomeR?ot?tnemdnemAnalP?esU?dnaL?a?ot?noitisoppo?ni?noituloseR?a?devorppA?-?gniteeM?licnuoC?:3202?,11?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.gnisuoh?elbadroffa?fo?noitaerc?e ht?etatilicafot?ytiliba?s'ytiC?eht?no?tcapmi?evitagen?tnacifingis?a?evah?dluow?hcihw?,stniartsnoc?erutcurtsarfni?sserddaylevitcaorp?ot?ytiliba?s'ytiC?eht?evomer?lliw?siht?,devorppa?fI?.seicilop?gnisu oh?elbadroffa?tneuqesbusdna?erutcurtsarfni?s'ytiC?eht?no?tcapmi?tnacifingis?a?evah?lliw?tnemdnema?desoporp?siht?fo?emoctuo?ehT:tcapmI?IED?&?snoitaredisnoC?ycilo Memo 579 sustainability of our infrastructure planning.consistent urban service area is pivotal for the fiscal Allowing cities to have control over maintaining a . higher costs for services to surrounding property ownersand results in infrastructure,operational issues on can create ,Removing areas from the service area wastes valuable resources .not wasting public funds Utility capital improvement plans are cyclical investments that require consistency to ensure we’re select infrastructure sizes that would be adequate to serve anticipated utility needs for the next 50 to 75County approves this boundary, the City uses an environmentally and fiscally responsible approach to Once the .the Urban Service Area and approves Service Area established, it is the County Board that sets. While cities inform the County of where we would like our Urban land use planning process County’s through the An Urban Service Area is established with coordination between the City and the County right place at the right time, minimizing inefficient or underutilized public investment.can encourage development in the land use planning and capital improvementtilization of Uinvestment. decisions should align land use, development, and infrastructure to make the best use of public and private . To support fiscal sustainability, land development and capital expenditure goodwelfare of the is essential to the health, safety, and —and electricityincluding water, sewer, —infrastructure utility Public Fiscally Sustainable Infrastructure Planning . Below, we outline these key points in detail.promoting affordable housingand , stewardshipfor ensuring fiscally sustainable infrastructure planning, upholding our commitment to environmental cities to grow in an organized and efficient way is essential sallowthat strategic and intentional policy isTh entire plan. isdecision that reinforces thstrongly urge you to review the policies within your recently adopted General Land Use Plan and make a We . accomplished at the cityUrban Service Area/utility capital improvement planning is best , infrastructureof utility sprimary provider Because cities are thepolicies. very closely with the City’s Land Use salign currently, we review that request with the Olmsted County Land Use Plan principles in mind, which Arear Urban Service the City receives a request for development within ou When affordable housing, and more.principles, land use connections, environmental stewardship, resource protection, sustainability, planningThe recently approved plan is layered with policies that emphasize infrastructure coordination, responsible General Land Use Plan was wisely built on principles that prioritize responsible growth and development. policy change. The Olmsted County one sentence s crucial to recognize that this is far from a simple It’ .scommon interestour of our infrastructure and protecting investmentsshort and long term application can move forward. This policy is essential to ensuring the amendmentan the current policy that requires cities to approve amendments to the Urban Service Areas before The City of Rochester respectfully submits this memo to emphasize the critical importance of maintaining Dear Commissioners, Use Plan Amendments within the Urban Service AreaEliminate City Requirements to Approve County Land –General Land Use Plan Text Amendment Subject: Rochester City Council From: Olmsted County Commission To: 8/5/2024 Date: Memo 580 Affordable Housing infrastructure issues and protect our natural resources.this project highlighted the critical importance of strategic urban service area maintenance to prevent evenue, sales tax r Primarily funded by City of Rochester. forming well and septic systemserp-with under aimed at improving groundwater quality by providing city water and sewer facilities to older subdivisionsThis program led to the Marion Road Trunk Sanitary Sewer Project, . with failing septic systems and wellsby the City of Rochester in December 1998, which extended sanitary sewer and water services to homes he Water Quality Protection Program (WQPP) initiated is t One example that highlights the above concerns sustainable approach to water management.Area can avoid the need to drill new wells by connecting to the municipal water system, ensuring a more s could pose problems, properties developing within the Urban Service unavailable. While new Jordan wellsupply wells using the Jordan Aquifer unless it can be demonstrated that alternative sources are calcareous fens and other surface waters. Consequently, they are prohibiting the construction of new water negatively impact Resources (DNR) has expressed concern that pumping from the Jordan Aquifer could The Minnesota Department of Natural levels, and groundwater availability to the municipal system.wells in or near DWSMAs. These new wells could potentially impact groundwater flow direction, static water ty capaci-Areas (DWSMAs). The plan encourages proper sealing of unused wells and identifies new high2020, prioritizes the proper management of existing active wells within Drinking Water Supply Management the Minnesota Department of Health (MDH) in February Wellhead Protection (WHP) Plan, approved byour water supply by creating additional conduits directly to these sources. Rochester Public Utilities' The introduction of new private wells into our source water aquifers presents a significant vulnerability to City Water substances (PFAS), sulfate, and chloride.City collection and treatment is also better positioned to address emerging pollutants like polyfluoroalkyl nitrate contamination in groundwater, and changes to the current approach could exacerbate this issue. he State of Minnesota is actively working with Southeast Minnesota to address It should be noted that t .these systems confusion and frustration by homeowners on how to maintainand , sfor state permit sedneto operate, s, excessive costional difficultiesodors, failing systems because of operat concerns includeThese development. subdivision used to address edge areconcerns when larger shared septic systems e have learned from other Counties and Cities that there can be several W concentrate in groundwater.designed and maintained septic systems cannot adequately treat these chemicals, which can -wellfrom leaching into our groundwater. Even phosphorus preventing harmful chemicals such as nitrates anddevelopment within the Urban Service Area ensures that wastewater is properly managed and trMaintaining can lead to limited replacement options thus forcing expensive sewer extension projects.heir life expectancy is also reduced and Tnmental degradation. carry substantial risks of failure and envirodensity areas, -risk of soil and groundwater contamination. In contrast, septic systems, especially in highSewer systems are designed to safely and efficiently manage large volumes of wastewater, minimizing the City Sewer commercial areas typically found on city outskirts. , particularly in the dense housing and septic development on individual wells and significantly superior tosewer and water is development on City From an environmental perspective, Environmental Stewardship Memo 581 r City CouncilRocheste Sincerely, Thank you for your attention to this matter. We look forward to your continued support and collaboration. amendment to our Urban Service Areas can move forward.recognize and uphold the importance of the current policy language that requires city approval before an ners to urge the Olmsted County Commissioin the very near future. We have a firm decision on this issueplanning to and infrastructure development our t would be advantageous for , i th 6on August communitythe opportunity to discuss these concerns at the physical development and look forward to appreciatee responsibility, supporting affordable housing initiatives, and ensuring environmental stewardship.In conclusion, the strategic maintenance of a city's urban service area is essential for fostering fiscal manageable, providing a stable foundation for sustainable community growth and housing affordability.maintenance and operation of sewer systems are more predictable and affordable rates. Additionally, theunit costs, making it more feasible to offer housing at -only makes efficient use of land but also reduces perdensity housing not -higher density developments, which are crucial for affordable housing projects. Highports and serviced by city utilities, as opposed to those reliant on septic systems. Sewer infrastructure supThe creation of affordable and workforce housing is significantly more viable within sewered developments es such as townhomes and apartment buildings.” more affordable lot sizes as well as denser housing stylaccommodate affordable housing due to their compact nature. Municipal services allow for smaller and Section 6.5 of the General Land Use Plan states, “Urban service areas have the greatest ability to RESOLUTION582BE IT FURTHER RESOLVED that the Common Council requeststhe Olmsted County continued collaborative relationship between Olmsted County and theCity of Rochester.BE IT FURTHER RESOLVED that the Common Council acknowledges the necessity of a transmittedto the Olmsted County Commission.That uponadoption theletter shall promptly me NOW, THEREFORE, BE IT RESOLVEDlanguage that requires City approval before an amendment to CityUrban Service Areas.Commissioners to recognize and uphold the importance of the current County policy thatthe Council adoptthe Memorandum (attachment A)urgingthe Olmsted County by the Common Council of the City of Rochester NOW, THEREFORE, BE IT RESOLVEDapplicable cities.amendments to the Urban Service Area provide a Resolution and Findings of Support from WHEREAS,Chapter 11.6 of the Olmsted County General Land Use Plan requires the Urban Service Area should be consistent with the applicable city’s Land Use Plan; andWHEREAS,Chapter10 of the Olmsted County General Land Use Plan states changes to Use Plan; and 22-117 on August 16, 2022, duly adopted an updateto the Olmsted County General Land WHEREAS,the Olmsted County Board of Commissioners by the enactment of Resolution of the P2S 2040 Comprehensive Plan; and255-21 on November 16, 2021, duly adopted an Update tothe "Growth Management Map" WHEREAS, the Common Council of the City of Rochester by the enactment of Resolution these areas; andsystems, storm sewer systems, upgraded transportation system, parks,andother utilities in 30 to 50 years, predicated on the provision of services such as sanitary sewer and water suburban and agricultural areas that could accommodate urban development over the next WHEREAS, the growth management map identifies both developed as well as fringegrowth; andthe City of Rochester by identifying which areas will potentially be affected by future edge WHEREAS, the adoption of the P2S 2040 recognized a Growth Management Strategyfor Rochester Comprehensive Plan 2040 (P2S 2040); and WHEREAS, On April 2, 2018, the Rochester City Council adopted the Planning 2 Succeed: Land Use Plan.Olmsted County General Land Use Plan be Consistent with the Applicable City’s Requesting the County Continue to Require Amendments to Chapter 10 of the 2 583Rochester, 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 OFrequirements. Commissioners recognize the importance of the current policy and uphold the amendment Public Hearings 584 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 585,yllanoitiddA?.ylppus?tol?laitnediser?eht?esaercni?dna?,stol?82?fo?gnitsisnoc?,tnempoleved?gnisuoh?ylimaf-elgnis?a?etatilicaf?lliw?talp?lanif?ehT?.ytilibaniatsus?dna?ytilibisnopser?lacsif?dna?,t nemeganam?htworgdna?ycnarbiv?cimonoce?fo?selpicnirp?eroc?nalP?evisneherpmoC?eht?seveihca?talp?lanif?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?ht worG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.tibihxetalp?eht?no?sdnaltew?lla?etangised?llahs?tnacilppa?eht?,talP?laniF?eht?fo?noitadrocer?eht?ot?roirP?.4.esu?krap?rof?C?toltuO?etacid ed?llahs?noitacilppa?eht?,talP?laniF?eht?fo?noitadrocer?eht?erofeB?.3.noitagilbo?eert?draveluob?rieht?teem?llahs?tnacilppa?eht?,talP?laniF?eht?fo?noitadrocer?eht?ot?roirP?.2.tibihxe?talp?eht?nodeleba l?eb?llahs?tol?hcae?rof?snoisnemid?dna?segatnorf?tol?,talP?laniF?eht?fo?noitadrocer?eht?ot?roirP?.1:snoitidnoc?gniwollof?eht?htiw?lavorppa?gnidnemmocer?si?eettimmoC?weiveR?tnempoleveD?ehT?.A-PDG200-1 202DC?.oN?nalP?tnempoleveD?lareneGdna?TALP220-3202DC?.oN?noisividbuS?dnaL?rojaM?devorppa?eht?htiw?tnetsisnoc?si?talP?laniF?ehT?.3202?ni?ytiC?eht?otni?dexenna?yltneuqesbus?saw?etis?ehT?”.noisnapxE?nab rU?mreT?raeN“ot?”noisnapxE?nabrU?mreT?gnoL“?morf?etis?eht?etangiseder?ot?3202?ni?devorppa?saw?tnemdnemA?paMtnemeganaM?htworG?A?.tnempoleved?elyts?toL?llamS?ylimaF-elgniS?2-R?rof?wolla?ot?3202?ni?dedn emadna?7102?ni?devorppa?)PDG(?nalP?tnempoleveD?lareneG?yellaV?yrutneC?regral?eht?fo?trap?si?etis?ehT?.noitcesretni?EN?dvlB?skaOnonnahS?dna?EN?dR?arreT?alleB?eht?ffo?ssecca?sniag?etis?ehT?.detacided?e b?lliw?yaw-fo-thgir?eht?dna,cilbup?eb?ot?desoporp?si?daor?ehT?.teerts?buts?a?dna?cas-ed-luc?desoporp?eno?htiw?EN?dR?arreT?alleBdnetxe?ot?noitcurtsnoc?erutcurtsarfni?detaicossa?eb?lliw?erehT?.stoltuo? eerht?dna?stol?laitnediser?82?otniserca?08.44?edividbus?ot?,htruoF?yellaV?yrutneC?sa?nwonk?eb?ot?,talP?laniF?a?gnisoporp?si?tnacilppa?ehT:evitarraN?tropeR.stoltuo?eerht?dna?stol?laitnediser?82?otni?s erca?08.44?fo?noisividbus?eht?rof?,htruoF?yellaV?yrutneCsa?nwonk?eb?ot?,enyaP?regoR?yb?TALP810-4202DC?.oN?talP?laniF?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???1.GhtruoF?yellaV?yrutneCsa?nwon k?eb?ot?TALP810-4202DC?.oN?talP?laniF NOITCA?ROF?TSEUQER retaP?esaJ:RETNESERPsgniraeH?cilbuP:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE t 586 htruoF?yellaV?yrutneC?TALP810-4202DC?.oN?talP?laniF?-?noituloseRhtruoF?yellaV?yrutneC?TALP810-4202DC?-?stnemmoC?weiveRhtruoF?yellaV?yrutneC?TALP810-4202DC?-?tibihxE?talP?laniFhtruoF?yellaV?yrut neC?TALP810-4202DC?-?paM?noitacoL?etiShtruoF?yellaV?yrutneC?TALP810-4202DC?-?paM?noitacifitoNhtruoF?yellaV?yrutneC?TALP8100-4202DC?-?enilemiT?tnempoleveDhtruoF?yellaV?yrutneC?TALP810-4202DC?-?omeM?tn empoleveD?ytinummoC:stnemhcattA retaP?esaJ: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?ni?dehsilbup?dna?srenwo?ytreporp?gnirobhgien?ot?tnes?gniraeh?cilbup?fo?ecitoN?:4202?,72?yluJTALP220-3202DC.oN?noisividbuS?dnaL?rojaM?htruoF?yellaV?yrutneC?fo?lavorppA?-?g niteeM?licnuoC?:4202?,5?yraurbeFTALP220-3202DC?.oN?noisividbuSdnaL?rojaM?htruoF?yellaV?yrutneC?fo?lavorppA?-?gniteeM?noissimmoC?gninnalP?:4202?,01?yraunaJnoisividbuS?dnaL?rojaM?no?gniteeM?lanoitamrof nI?doohrobhgieN?:3202?,7?rebmeceDA-PDG300-3202DC.oN?tnemdnemA?nalP?tnempoleveD?lareneG?yellaV?yrutneC?-?lavorppA?etammaeT?:3202?,82?enuJXNA300-3202DC?.oN?noitaxennA?htruoF?yellaV?yrutneC?fo?lavorppA? -?gniteeM?licnuoC?:3202?,2?lirpAAMMG300-3202DC?.oN?tnemdnemApaM?tnemeganaM?htworG?htruoF?yellaV?yrutneC?fo?lavorppA?-?gniteeM?licnuoC?:3202?,2?lirpATALP810-2202DC?.oN?talP?laniF?drihT?yellaV?yrutneC? fo?lavorppA?-?gniteeM?licnuoC?:2202?,81?yluJTALP410-1202DC?.oN?talP?laniF?dnoceS?yellaV?yrutneC?fo?lavorppA?-?gniteeM?licnuoC?:1202?,91?yluJTALP610-7102R?.oN?talP?laniF?yellaV?yrutneC?fo?lavorppA?-?g niteeM?licnuoC?:7102?,7?tsuguAPDG44300R.oN?nalP?tnempoleveD?lareneG?yellaV?yrutneC?fo?lavorppA?-?gniteeM?licnuoC?:7102?,51?yaM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stol?laitnediser?ni?tl user?osla?lliw?hcihw?,tcejorp?siht?fo?esahp?dnoces?eht?rof?toltuo?na?sedulcni?talp?eh 587 .obligationboulevard tree shall meet their , the applicant Prior to recordation of the Final Plat 2. .exhibit pbe labeled on the shallfor each lot and dimensions ot frontagesof the Final Plat, l recordationPrior to 1. Approval with conditions: :Development Review Team Recommendation : Rochester City CouncilApproval Body approval.are reflected in this Final Plat application or are included as a condition of final plat The conditions for approval of the Major Land Subdivision application have been met and are not part of the preliminary plat review.Site design standards, such as building and parking lot location, height, and setbacks, .conformance with the conditions of the Major Land Subdivisionpublic utility needs, and development standards, such as lot size, vehicle and pedestrian access /connectivity, conformance with lot the subdivision for Council evaluates , review During the Final Plat Minnesota Law. land records through the preparation of a subdivision plat meeting the requirements of Major Land Subdivision Permit are accurately documented and recorded in the public intended to ensure that all aspects of the approved isFinal Plat The : What is Considered Plat Final :Application Type SUMMARYCITY COUNCIL Inc / William Anderson EHS :Consultant Roger Payne Applicant: Blvd NE and Bella Terra Rd NE.southeast of the intersection of Shannon Oaks located s The site i Location: outlots. 3residential lots and 28for the subdivision of 44.80 acres into Century Valley Fourth, PLAT by Roger Payne, to be known as 180-4#CD202 Final Plat Request: Rochester Community Development Department Prepared By: 4, 202August 5 City CouncilRochester -328-507 Phone: communitydevelopment@rochestermn.govEmail: www.rochestermn.gov/cdWebsite: -Rochester, MN 55901 1004001 West River Parkway NW, STE City of Rochester 2 588 private and public roadways.Electric is requesting 10 ft utility easements along the sides of allRPUsite. the service to infrastructure utility Adequate Utilities public infrastructure.(not shown on the plat) is required prior to construction of any by City Council. Dedication of any applicable public easements approved Owner Contract, and is-The Owner has executed a City Public Facilities . documentlat Pand will be designated on the Final erosion with BMP’s Wetlands must be protected from any construction activity and Wetlands are present on the site. 011WET. -007WET and R2021-plat, R2023Wetland Delineations have been completed for this Edge/FloodplainWetlands/Decorah . has been approvedThe Stormwater Management Plan ManagementGrading & Stormwater properties in the subdivision.Terra Rd NE will be extended southeast to serve the residential Bella Terra Rd NE and Shannon Oaks Blvd NE intersection. Bella one access extending from the existing site will be served by The Streets and Access .development standards 2-the proposal is consistent with the Rand )Small Lot Family- 2-is zoned R sitehis T. SubdivisionMajor Land proposedthe Residential, which is compatible with Density -The underlying Land Use designation for this area is Low Land Use/ Zoning ZONING SUMMARY TABLE – LATP180-4CD202 .A)-002GDP- General Development Plan) and -The Final Plat is consistent with the approved Preliminary Plat (CD2023 Rochester in 2023.the City of Expansion” to “Near Term Urban Expansion”. The site was subsequently annexed into Amendment was approved in 2023 to redesignate the site from “Long Term Urban A Growth Management Map Family Small Lot style development.-2 Single-to allow for R2017 and amended in 2023 approved in The site is part of the larger Century Valley GDP site gains access off the Bella Terra Rd NE and Shannon Oaks Blvd NE intersection.way will be dedicated. The -of-are proposed to be public, and right road heT. street-a stuband sac-de-proposed cul oneinfrastructure construction to extend Bella Terra Rd NE with outlots. There will be associated threeresidential lots and 28subdivide 44.80 acres into , to be known as Century Valley Fourth, to Final PlatThe applicant is proposing a PROJECT SUMMARY at exhibit. lthe pdesignate all wetlands on shall Prior to recordation of the Final Plat, the applicant 4. use.of the Final Plat, the application shall dedicate Outlot C for park Prior to recordation 3. PLAT0-4CD202 3 589 Review Comments 5. Final Plat 4. Location Map 3. Notification Map 2. Development Timeline 1. ATTACHMENTS Summary above. City Councilas outlined in the , APPROVAL WITH CONDITIONSThe Community Development Team recommends )..4H60.500.040findings are met (Section Final PlatUnified Development Code and recommends that all for conformance with the Final PlatThe Community Development Team has reviewed the APPROVALSTANDARDS FOR –FINAL PLAT (CONDITION OF APPROVAL)obligation. Prior to recordation of the Final Plat, the applicant shall meet their boulevard tree 7. )COMPLETE(addressed. Prior to submittal of the Final Plat, Rochester Fire Department comments shall be 6. (COMPLETE)Prior to submittal of the Final Plat, RPU Water comments shall be addressed. 5. (COMPLETE)Prior to submittal of the Final Plat, RPU Electric comments shall be addressed. 4. (COMPLETE)approved. Prior to submittal of the Final Plat, a Stormwater Management Plan shall be 3. (CONDITION OF APPROVAL)be labeled on the plat exhibit. Prior to submittal of the Final Plat, lot frontages and dimensions for each lot shall 2. (COMPLETE)exhibit. Prior to submittal of the Final Plat, Outlots 1 and 2 shall be labeled on the plat 1. :following seven conditions for approvalThe Preliminary Plat for Century Valley Fourth was approved January 10, 2024, with the PRELIMINARY PLAT CONDITIONS dedicated to the City prior to recordation of the final plat.C, which is the easement dedicated for park use, shall be Outlot parkland.acres of 3.33The remaining credit after this plat is easement.acre parkland -acres of parkland is covered under the existing 7.1 .6802021 on land within the Century Valley GDP. The required acre parkland easement in -The developer has dedicated a 7.1outlots. threenew residential lots and 28 The new plat is creating Parkland Dedication PLAT0-4CD202 201 4 590 Final Plat Judicial-Quasi SubdivisionMajor Land Judicial-Quasi Century Valley Fourth OccupancyCertificate of Inspections/Building PermitBuilding AgreementDevelopment Development General MeetingInformation Neighborhood AdministrativeAdministrativeJudicial-QuasiGenerally AdministrativeAdministrative www.rochestermn.govStreet SE, Rochester, MN 55904 th 591PINs: 087225, 066424, 066423, 086195Notif Area: 350'Ward 5Shannon Oaks Blvd NE and Bella Terra Rd NE.The site is located southeast of the intersection of of 55.64 acres into 28 residential lots and 3 outlots. be known as Century Valley 4th, for the subdivision Final Plat #CD2024-018PLAT, by Roger Payne, to Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,592 Miles120 Application LocationRochester City Limit Legend Ü Location Map the GIS user communityCommunity, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS UserNRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri OFFICIAL PLAT 593 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 __________________, 20___.of day ____ this signed be to presents these caused has individual, an Payne, 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 Into the public for public use the public ways and the drainage and utility easements as created by this plat.dedicate hereby does and FOURTH VALLEY CENTURY as platted and surveyed be to same the caused Has Said tract contains 55.64 Acres, more or less.VALLEY THIRD; thence South 47 degrees 45 minutes 15 seconds East 300.80 feet to the point of beginning.CENTURY said of 2, Block 1, Lot of corner southeast the to feet 316.32 line southerly said along Westseconds 10 minutes 22 degrees 13 South thence feet; 414.49 THIRD VALLEY CENTURY said of line southerlythe along West seconds 57 minutes 53 degrees 89 South thence 1; Block said in 8, Lot of corner southeastthe to feet 105.81 line east said along East seconds 03 minutes 06 degrees 00 South thence Minnesota;County, Olmsted Recorder, County the of office the in record of and file on thereof, plat the to accordingTHIRD, VALLEY CENTURY of 1 Block of line east the to feet 848.19 West seconds 05 minutes 48 degrees53 North thence feet; 204.76 West seconds 59 minutes 20 degrees 49 South thence feet; 736.34 Westseconds 06 minutes 45 degrees 27 North thence feet; 339.75 easement parkland said of line north thealong West seconds 25 minutes 58 degrees 89 South thence easement; parkland said of corner northeastthe to feet 900.91 line east said along East seconds 42 minutes 09 degrees 24 North thence A-1543201;No. Document as records County Olmsted in 2021, 06, August recorded easement, parkland certain thatof line east the to feet 1345.99 line way of right northerly said along seconds 04 minutes 02 degrees 88North thence NE; Road Creek Silver of line way of right northerly the to feet 53.00 easement drainage saidalong East seconds 55 minutes 19 degrees 25 South thence feet; 320.00 easement drainage said along Eastseconds 00 minutes 19 degrees 62 South thence feet; 199.00 easement drainage said along East seconds45 minutes 52 degrees 89 South thence feet; 30.00 easement drainage said along West seconds 15minutes 07 degrees 00 South thence feet; 209.00 easement drainage said along West seconds 45 minutes52 degrees 89 North thence feet; 283.00 easement drainage said along West seconds 00 minutes 05degrees 33 South thence A-1570306; No. Document as records County Olmsted in 2022, 22, July recordedeasement, drainage public certain that of corner northerly most the to feet 89.58 East seconds 56 minutes03 degrees 56 South thence feet; 119.76 West seconds 10 minutes 33 degrees 50 South thence feet;129.49 West seconds 50 minutes 13 degrees 38 South thence feet; 129.50 West seconds 32 minutes 12degrees 25 South thence feet; 129.49 West seconds 13 minutes 11 degrees 12 South thence feet; 129.49East seconds 05 minutes 50 degrees 00 South thence feet; 130.41 East seconds 45 minutes 58 degrees10 South thence feet; 115.92 East seconds 15 minutes 45 degrees 47 South thence beginning; of pointthe to feet 1904.25 Quarter Northwest said of line north the along East seconds 42 minutes 53 degrees89 North thence 32; Section said of Quarter Northwest the of corner northwest the at Commencingdescribed as follows:32, Section said of Quarter Northeast the of Quarter Northwest the of part and 32, Section of QuarterNorthwest the of Quarter Northeast the of part with together 29, Section said of Quarter Southeast theof Quarter Southwest the of part and 29, Section of Quarter Southwest the of Quarter Southeast the ofpart being Minnesota, County, Olmsted West, 13 Range North, 107 Township 32, and 29 Sections of Part 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_____________________________Th is 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 ICOUNTY SURVEYORCity 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 CENTURY VALLEY FOURTHSHEET 1 OF 2 C1 594 122.54S 40°22'05" WELEV. = 1145.39 (NAVD 88)400 FEET WEST OF SHANNON OAKS BLVD. N.E.SIDE OF BELLA TERRA ROAD N.E.,TOP NUT FIRE HYDRANT LOCATED ON NORTHBENCHMARK:AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)ELEVATIONS HEREON ARE BASED ON THE NORTHDATUM:SW 1/4, SEC. 29SE COR. OFC.I.M. AT 56.46N 39°40'36" EN 39°40'36" EN 39°40'36" EN 39°40'36" EN 39°40'36" EN 39°40'36" E299.95 140.00240.00240.00240.00240.00240.00180.00140.00140.00180.00180.00150.00180.00167.05AS MEASURED ON JUNE 19, 2024 WATER ELEVATION = 1053.4EFFECTIVE DATE: 4/19/2017PER FEMA MAP 27109C0166FREGULATORY FLOODWAYSEC. 29, T. 107 N., R. 13 W.SE COR. SE 1/4,TELSPAR PIPE W/ CAST IRON CAPSEC. 29, T. 107 N., R. 13 W.INT. 1/4 LINES3/4-INCH REBAR ATN 00°18'14" W 2350.48N 89°53'14" E 2122.19S 89°11'31" E 1249.35N 00°18'14" W 269.95496.47N 89°53'14" E737.90S 89°53'42" ER=56.0010 U.E.10 U.E.10 U.E.10 U.E.10 U.E.10 U.E.10 U.E.N.W. 1/4 SEC. 29, T. 107 N., R. 13 W.SW COR. SW 1/4,1-INCH SQ. PIPE AT P.O.B.S 89°53'42" E 1904.2430.00 39°50'17"66°10'34"63°39'43"63°39'43"66°10'34"15°59'40"23°50'37"01°58'31"11°19'11"07°40'43"05°36'59 "05°33'56"20°44'30"26°18'26"26°18'26"DELTA N 43°41'57" WN 56°52'05" WS 58°12'46" WS 05°26'57" ES 70°22'06" EN 84°32'27" ES 75°32'24" ES 62°37'50" ES 55°58'59" ES 59°46'44" ES 53°07'53" EN 53°06'21" WN 66°15'35" WN 63°28'37" WN 63°28'37" W CH DIRECTION 38.1661.1459.0759.0761.1415.5823.1416.2092.7070.9851.9322.3382.8177.3791.03 CH DISTANCE 38.9464.6862.2262.2264.6815.6323.3116.2092. 8671.0351.9522.3483.2678.0691.83 LENGTH 56.0056.0056.0056.0056.0056.0056.00470.00470.00530.00530.00230.00230.00170.00200.00 RADIUS C15C14C13C12C11C10C9C8C7C6C5C4C3C2C1 CURVECURVE DATA3030303030303030 30 25.6258.8345.5995.0095.0090.0090.0090.0090.0090.0077.36 30.0030.0030.00 110.0063.54115.00130.00 R = 500.00L = 116.02 29.1983.80100.0090.0090.0090.0090.0090.0090.0065.2390.00241.40S 15°09'46" W221.81S 54°34'53" W121.34S 25°05'59" E815.38S 56°55'00" E405.16398.83542.0076.36379.77341.78110.00114.61113.8297.6231.2673.9533.7197.6265.9090.0990.0990.0980.55121.16135.16156.38139.07119 .0314.788.24101.49101.499.61100.1895.1895.1890.1790.17156.51138.55N 27°37'44" E105.94N 67°39'42" E 182.30112.79N 11°23'32" E63.18N 12°28'59" W345.88S 84°28'03" E193.04S 00°02'38" W209.56S 63°37'06" EN 26°22'54" E14.00S 63°37'06" E 627.37 160.00S 26°22'54" W167.29S 63°37'06" E165.62S 63°37'06" EΔ = 13°17'42"129.83S 39°40'36" W133.87S 39°40'36" W137.91S 39°40'36" W141.94S 39°40'36" W164.71S 39°40'36" W203.85S 39°40'36" W181.40S 39°40'36" W158.95S 39°40'36" W135.97S 34°03'37" W130.00N 26°22'54" E106.91478.55S 63°37'06" E457.59N 52°43'11" E625.75N 26°22'54" E452.06N 26°22'54" E469.36N 26°22'54" E486.39N 26°22'54" E481.91475.83470.06464.28458.81453.34N 39°40'36" E286.38N 39°40'36" E199.42N 34°06'41" E 744.42N 50°19'24" W 316.32 641404 & 641407DOC. No.HIGHWAY EASEMENT 100100 641404 & 641407DOC. No.HIGHWAY EASEMENT 300.80S 47°45'15" ES 13°22'10" WS 89°53'57" W 414.48105.81S 00°06'03" EN 53°48'05" W 848.19204.77S 49°20'59" WN 27°45'06" W 736.34S 89°58'25" W 339.75N 24°09'42" E 900.91N 88°02'04" E 1345.9953.00S 25°19'55" E320.00S 62°19'00" E199.00S 89°52'45" E30.00S 00°07'15" W209.00N 89°52'45" W283.00S 33°05'00" W89.58S 56°03'56" E119.76S 50°33'10" W129.49S 38°13'50" W129.50S 25°12'32" W129.49S 12°11'13" W129.49S 00°50'05" E130.41S 10°58'45" E115.92S 47°45'15" E W.M.U.E. DENOTES WATER MAIN UTILITY EASEMENT 30 CENTURY VALLEY FOURTHSHEET 2 OF 2OFFICIAL PLAT SCALE IN FEET 300200100500D.E. DENOTES DRAINAGE EASEMENTU.E. DENOTES UTILITY EASEMENTUNLESS NOTED OTHERWISEAND 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 PIPEN 89°53'42" E.THE S.W. 1/4 OF SEC. 29, T107N, R13W, BEARSNAD 83 (1996 ADJ.) WHEREIN THE SOUTH LINE OFON THE OLMSTED COUNTY COORDINATE SYSTEM;ORIENTATION OF THIS BEARING SYSTEM IS BASEDT. 107 N.R. 13 W.S.E. 1/4N.E. 1/4S.W. 1/4No Scale LOCATION MAP C6C5C8C7C15C10C9C4C2C3 595 Dept. review/informational letter for more approved by RPU Water on 7/15/2024. See RPU Water RPU Water Dept has no objections or comments on the final plat. The final construction plans were signed RPU Water Review 7/16/2024 There are no comments from this agency at this time. RPU Electric Review 7/22/2024 See attached comment in Accela software. Park and Rec Review 7/18/2024 No further wetland work is required for this application.protected from any construction activity and erosion with BMP's.. wetlands within the plat area. They must be 011WET. There are -007WET & R2021-Wetland Delineations have been completed for this plat, R2023 LGU 7/22/2024 7/19/2024 There are no comments from this agency at this time. County Long Range Planning 7/22/2024 no issues. -See attached GIS final plat referral document CenturyValleyFourthFP_Referral.pdf County GIS/E911 7/19/2024 018PLAT-CD2024 Application No: Agency Review Comments 1of 1Page 7/24/2024 9:49:10 AM 596 .Sent to Planning Department via Accela only of the Building Permit approval process.Individual lot development is subject to a Plant Investment Fee (PIF) that is collected as part .sOwner Contract and / or Development Agreement-addressed in CityDevelopment charges/fees applicable to the development of this Property are / will be prior to construction of any public infrastructure for this development.edication of any applicable public easements (not shown on the plat) is required Council. DCity approved by Rochesterand is Owner Contract-City The Owner has executed a the Agreements.Agreement applicable to this Property, and as such, development is subject to the terms of Development First SupplementalThere is an existing Development Agreement and A TIS waiver is approved for this application. approved for this application. are sand Stormwater Management Plan, Civil, GradingThe for this application: . The following are Public Works comments development Century Valley 4thand the proposed PLAT0-4Plat CD202 FinalThe Department of Public Works has reviewed the application for /247/23DATE: )& 66424 66423, PINs 86195,( Plat Final th Century Valley 4 FROM: Mark E. Baker 7090-Rochester, MN 55901 4001 West River Parkway NW, Suite 100 Community Development TO: Jeff Feece 597 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 of the final plat.should be dedicated to the City prior to recordation ,the easement dedicated for park useis , which Outlot C acres 3.33 ): 3.33 = 3.77 –edit after this plat (7.1 Remaining cr 7.1 acres through 2021 easement:Land dedicated this plat) (including 3.77 Total land required for dedication to date: acres .68 dedication required: Century Valley Fourth .51 acres :Valley Third dedicationCentury .95 acres Century Village: 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:(2021) park easement on land within the Century Valley GDP as The developer has dedicated a 7.1 acre • IREMENTSUPARK DEDICATION REQ Fair market value of land……………………………………… acres .68 Dedication ……………………………………………… ……… .0244 Density factor…………………………………………………… 28 ……………………………………...Number of dwelling units 55.64 plat…………………………………………………. Plat180-4CD202 Century Valley Fourth RE: Community Development TO: July 18, 2024 DATE: REFERRAL COMMENTS FORM DEPARTMENT ROCHESTER PARK AND RECREATION @rochestermn.govjfeece 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 Jeff Feece 598 is coordinate Community Development Planning staff.is coordinated by the Parks Department staff (Jeff Feece), the Boulevard Tree Green Facilities Agreement @rochestermn.govjfeece 2540-328-507 Phone: 3769-55904 Rochester, MN 150 RoomSE, Fourth Street 201 599 .area in the ISO rating 2 is time, and our 4 minute response of sideindevelopment is This material 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 allo is being conducted construction . While5 26 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 4 sac.-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 pla construction 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: With regard to the above noted project plan, the fire department has the following of Shannon Oaks Blvd NE and Bella Terra Rd NE.acres into 28 residential lots and 3 outlots. The site is located southeast of the intersection by Roger Payne, to be known as Century Valley 4th, for the subdivision of 55.64 SUBJ: Rochester, MN 55901 4001 West River Parkway Suite 100 Community Development Department July 19, 2024 2829-328-507Fax: FIRE MARSHAL DEPARTMENT FIRE 600 Assistant Fire Marshal Jason Fife ncerely,Si 201 4th Street SE 601 3726-STE 10, Rochester, MN 55904 - 602 Fleming Construction ,Robert Fleming SEHschDan Hor Marshal, Fire Jason Fife Jamie Miller, City Public Works Mark Baker, City Public Works Brent Bunke, RPU Luke Payne, RPU aterW Wade Neubauer Very truly yours, if you have questions. 5150-280-Please contact us at 507 PSI within this property. 06to 34pressures will range from System Area. The anticipated static water Pressure Level Water E IntermediateThe property is within the N 2427) at the City Public Works Department for details.-328-Baker (507The property may be subject to the water availability fee, connection fees or assessments. Contact Mark comments follow:Informational The final utility plans have been approved. Our review of the referenced final plat is complete and we have no objections. Century Valley 4th to be known as Roger PaynePLAT by 018-4Plat CD202 Final FERENCE: Rochester, MN 55901 4001 West River Pkwy NW, Suite 100 COMMUNITY DEVELOPMENT DEPARTMENT July 16, 2024 603 7101-328-507 GIS Analyst / Addressing Dave McCollister To address issues listed above, please contact our office. paid. Addresses will be assigned when the plat is officially recorded.been fees have All required The GIS Addressing staff have no issues to discuss at this time. ROADWAY, or ADDRESS related issues are present shows the following:to determine any existing or potential GIS, FINAL PLATCENTURY VALLEY FOURTH A review of the CENTURY VALLEY FOURTH FINAL PLAT GIS REFERRAL RE: M NOWINSKIADA CC: DAVE MCCOLLISTER FROM: BERT FLEMMINGEH, ROS TO: ULY 19, 2024J DATE: FINAL PLAT REFERRAL CENTURY VALLEY FOURTH -(507) 328 -(507) 328 Phone: -Rochester, MN 55904 2122 Campus Drive SE, Suite 100 GIS/Addressing Division Olmsted County Public Works AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Planning, Policy & Analysis :Land Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning: RESOLUTION604as Document No. A-1570306; thence South 33 degrees 05 minutes 00 seconds West that certain public drainage easement, recorded July 22, 2022, in Olmsted County records South 56 degrees 03 minutes 56 seconds East 89.58 feet to the most northerly corner of 129.49 feet; thence South 50 degrees 33 minutes 10 seconds West 119.76 feet; thence 32 seconds West 129.50 feet; thence South 38 degrees 13 minutes 50 seconds West degrees 11 minutes 13 seconds West 129.49 feet; thenceSouth 25 degrees 12 minutes feet; thence South 00 degrees 50 minutes 05 seconds East 129.49 feet; thence South 12 seconds East 115.92 feet; thence South 10 degrees 58 minutes 45 seconds East 130.41 Quarter 1904.25 feet to the point of beginning; thenceSouth 47 degrees 45 minutes 15 North 89 degrees 53 minutes 42 seconds East along the north line of said Northwest Commencing at the northwest corner of the Northwest Quarter of said Section 32; thence Northwest Quarter of the Northeast Quarter of said Section 32, described as follows:with part of the Northeast Quarter of the Northwest Quarter of Section 32, and part of the and part of the Southwest Quarter of the Southeast Quarter of said Section 29, together Minnesota, being part of the Southeast Quarter of the SouthwestQuarter of Section 29, Part of Sections 29 and 32, Township 107 North, Range 13 West, Olmsted County, Olmsted County, Minnesota are to be known and designated as follows:that,a public hearing duly noticed and held on August 5, 2024, the following plat of lands in NOW,THEREFORE IT BE RESOLVEDby the Common Council of the City of Rochester and approved the application subject to sevenconditions. hearing to consider a Major Land Subdivisionapplication and adopted the findings of fact WHEREAS, on February 5, 2024, the City of Rochester Common Council held a public conditions.theMajor Land Subdivisionapplication and recommended approval subject to sevenWHEREAS, 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 5, 2024, and finds the proposal meets the criteria in WHEREAS, the Council adopts the findings as described attached to the Community NE.land located southeast of the intersection of Shannon Oaks Blvd NEand Bella Terra Rd WHEREAS, the Final Platproposes 28residential lots and threeoutlots on 44.8acres of to be known as Century Valley Fourth. WHEREAS, Roger Paynehas requested from the City of Rochester Final Platapproval Acres, LocatedWest Of Rome Circle NW.Fourth, A Project Consisting Of 28Residential Lots And ThreeOutlots On 44.8Approving FinalPlatNo.CD2024-018PLAT, To Be Known AsCentury Valley along said drainage easement 283.00 feet; thence North 89 degrees52 minutes 45 605the plat exhibit. 4.Prior to recordation of the Final Plat, the applicant shall designate all wetlands on use.3.Prior to recordation of the Final Plat, the application shall dedicate Outlot C for park obligation. 2.Prior to recordation of the Final Plat, the applicant shall meet their boulevard tree be labeled on the plat exhibit. 1.Prior to recordation of the Final Plat, lot frontages and dimensions for each lot shall are hereby accepted, subject to the follow conditions:and all dedications of land or interests in land for public purposes as shownon said plat TO BE KNOWN as “Century Valley Fourth”, Roger Payne, Applicant, is herby approved, Said tract contains 55.64 Acres, more or less.South 47 degrees 45 minutes 15 seconds East 300.80 feet to the point of beginning.feet to the southeast corner of Lot 1, Block 2, of said CENTURY VALLEY THIRD; thence thence South 13 degrees 22 minutes 10 seconds West along said southerly line 316.32 seconds West along the southerly line of said CENTURY VALLEY THIRD 414.49 feet; southeast corner of Lot 8, in said Block 1; thence South 89 degrees 53 minutes 57 South 00 degrees 06 minutes 03 seconds East along said east line 105.81 feet to the and of record in the office of the County Recorder, Olmsted County, Minnesota; thence east line of Block 1 of CENTURY VALLEY THIRD, according to the plat thereof, on file 204.76 feet; thence North 53 degrees 48 minutes 05 seconds West 848.19 feet to the 06 seconds West736.34 feet; thence South 49 degrees 20 minutes 59 seconds West north line of said parkland easement 339.75 feet; thence North 27 degrees 45 minutes parkland easement; thence South 89 degrees 58 minutes 25 seconds West along the minutes 42 seconds East along said east line 900.91 feet to the northeast corner of said Olmsted County records as Document No. A-1543201; thence North 24 degrees 09 feet to the east line of that certain parkland easement, recorded August 06, 2021, in North 88 degrees 02 minutes 04 seconds along said northerly right of way line 1345.99 easement 53.00 feet to the northerly right of way line of Silver Creek Road NE; thence feet; thence South 25 degrees 19 minutes 55 seconds East along said drainage South 62 degrees 19 minutes 00 seconds East along said drainage easement 320.00 degrees 52 minutes 45 seconds East along said drainage easement 199.00 feet; thence seconds West along said drainage easement 209.00 feet; thence South 00 degrees 07 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF606Rochester, 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 607:strac?flog?gnivlovni?sehsarc?fo?redniamer?eht?fo?snoitpircsed?feirb?era?gniwollof?ehT?.NM?,dleifyaH?ni?,ylnoegamad?ytreporP?.timrep?lagel?a?htiw?teerts?hpm?03?a?no?dessap?gnieb?elihw?depiwsedis ?trac?floG:tnemdnemadesoporp?eht?ot?elbacilppa?eb?dluow?eno?ylnO?.strac?flog?gnivlovni?detroper?sehsarc?03?erew?ereht,atosenniM?ni?sraey?01?tsal?eht?nI?.detelpmoc?saw?sehsarc?fo?weiver?a?os?,steerts? cilbup?erom?no?etarepoot?strac?flog?wolla?ot?lasoporp?siht?gnidrager?skroW?cilbuP?ot?desserpxe?erew?ytefas?tuoba?snrecnoC?.ecnanidrO?ytiC?yb?deriuqer?si?esnecil?s'revird?a?,esnecil?s'revird?a?evah?ot ?srotarepo?tracflog?eriuqer?ton?seod?etutatS?etatS?eht?elihW?.deussi?si?timrep?a?erofeb?etuor?detseuqer?eht?gniweiverhtiw?stsissa?)DPR(?tnemtrapeD?eciloP?retsehcoR?.trac?flog?eht?esu?ot?sdnetni?tnaci lppa?eht?erehwesruoc?flog?eht?ot?degarag?si?trac?flog?eht?erehw?noitacol?eht?morf?etuor?devorppa?na?no?ylno?etarepoot?strac?flog?gnittimrep?rof?swolla?,stnemeriuqer?yrotutats?eht?htiw?ecnadrocca?ni?, ecnanidrO?ytiC?tnerruC?.deriuqer?si?ecnarusni?elibomotua?ro?ytilibaiL.ylppa?llits?swal?ciffart?rehto?llA.yawhgih?ro?teerts?gnitcesretni?yna?ssorc?yam?strac?flog?fo?srotarepO.melbme?elcihev?gnivom-wol s?a?htiw?deppiuqe?eb?tsum?strac?floG.sthgil?ekarb?gnicaf-raer?dna?,sthgilliat?,sthgildaehtnempiuqe?lanigiro?htiw?deppiuqe?sselnu?,tesnus?ot?esirnus?morf?eb?tsum?noitarepo?fo?semiT:stnemeriuqer?gniwol lof?eht?sah?osla?etutats?ehT?.ylno?timrep?yb?noitazirohtua?htiw?,noitcidsiruj?rieht?rednusyawdaor?detangised?no?strac?flog?fo?esu?eht?ezirohtua?ot?seitic?swolla?540.961?noitces?etutatS?etatS?.etutats ?etatsdna?selpicnirp?lanoitadnuof?htiw?sngila?taht?yaw?a?ni?taht?sehsilpmocca?lasoporp?sihT?.ssel?ro?)hpm(?ruohrep?selim?52?fo?stimil?deeps?htiw?steerts?ytiC?no?strac?flog?fo?esu?dna?gnittimrep?eht?w olla?ot?ecnanidrOytiC?eht?esiver?ot?ffats?gnitcerid?)AIC(?noitcA?detaitinI?licnuoC?a?devorppa?licnuoC?,3202?yluJ?nI:evitarraN?tropeR?.gnidaer?tsrif?rof?ecnanidrO?na?eraperp?ot?eciffo?s'yenrottA?ytiC? eht?gnitceriD?.2.ssel?ro?ruoh?rep?selim?52?fo?timil?deepsa?htiw?teerts?ytiC?yna?no?strac?flog?fo?noitarepo?dna?gnittimrep?rof?wolla?ot?"straC?floG?dezirotoM.2-11?.hC"?)OCR(?secnanidrO?fo?edoC?retsehc oR?ot?stnemdnema?ecnanidrO?desoporp?gnivorppA?.1:detseuqeR?noitcA???1.HstraCfloG?dezirotoM?.2-11?retpahC?secnanidrO?fo?edoCretsehcoR?ot?stnemdnemA?ecnanidrO?desoporP NOITCA?ROF?TSEUQER anyzduB?maS:RETNESERPsnoitadnemmoceR?dna?stropeR:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE S 608 yna?gnitagen?ylekil?ybereht?,sraey?owt?ot?raey?eno?morf?noitarud?timrep?eht?sesaercni?osla?lasoporpeht?tub?,stimrep?gniviecer?stnediser?erom?ot?dael?yam?lasoporp?sihT?.00.52$?yltnerruc?era?hcih w?,stimreptrac?flog?gniussi?rof?daolkrow?ni?esaercni?elbaeganamnu?na?etapicitna?ton?od?setammaet?krelC?ytiC:tcapmI?ecruoseR?&?lacsiF.ssel?ro?hpm?52?fo?stimil?deeps?htiw?steerts?ytiC?no?strac?flog?fo? esudna?gnittimrep?eht?wolla?ot?ecnanidrO?ytiC?esiver?ot?ffats?gnitcerid?AIC?-?gniteeM?licnuoC?:3202?,42?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sdeeps?ciffart?rewol?dna?,strac?flog?fo?s thgiew?rethgilot?eud?stnemevap?teerts?no?raew?decuder?gnidulcni?,levart?fo?mrof?siht?gnisu?stnediser?htiw?detaicossastifeneb?era?ereht?,revewoH?.esnecil?s'revird?a?gnivah?dna?,ti?gnirusni?,trac?flog? a?gnivah?fo?stnemeriuqerot?eud?stnediser?degatnavdasid?yllacimonoce?tifeneb?ot?ylekilnu?si?tnemdnema?ecnanidro?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seiti roirP.stimrep?trac?flog?rof?snoitacilppa?fo?rebmuneht?gnisaercni?yllaitnetop?dna?secnatsid?levart?retaerg?gniwolla?,emit?revo?egrem?dna?worg?lliw?senozeseht?,stimil?deeps?rewol?htiw?detcurtsnocer?era ?steerts?gnitsixe?dna?tliub?era?steerts?wen?sA?.levartfo?edom?evitanretla?siht?gnisu?secivres?dna?sdoog?ssecca?dluoc?stnediser?erehw?saera?era?ereht?,.cte,seitreporp?etavirp?,srevir?,syawhgih?yb?deti mil?eb?dluow?ecnatsid?levart?elihW?.levart?ot?dewolla?eb?dluowstrac?flog?erehw?fo?stimil?etamixorppa?swohs?pam?dehcatta?ehT?.)stimil?deeps?rehgih?htiw(?steerts?lairetrano?ro?nwot?ssorca?secnatsid?tae rg?evird?ot?dewolla?eb?lliw?stnediser?taht?etapicitna?ton?seod?skroW?cilbuP.strac?flog?ni?sdoohrobhgien?rieht?gnivael?morf?elpoep?tneverp?dluow?sreirrab?ynam?,lasoporp?siht?htiW.DPR?fo?lavorppa?dna?w eiver?gnidnep?,steerts?deeps-rehgihedulcni?dluoc?hcihw?,setuor?esruoc?flog?devorppa?no?nekat?eb?ot?strac?flog?wolla?ot?eunitnoc?dluowssecorp?gnittimrep?ehT?.steerts?s'retsehcoR?fo?%08?dnuora?gnitnese rper?,ssel?dna?hpm?52?fo?timil?deepsa?htiw?noitcidsiruj?ytiC?rednu?steerts?no?etarepo?ot?strac?flog?wolla?dluow?tnemdnema?ecnanidro?sihT.ytefas?dna?trofmoc?gnisaercni?dna?elbavil?erom?steerts?doohrob hgien?gnikam?fo?laog?eht?htiw?,)srotarepotrac?flog?gnidulcni?yllaitnetop(?sresu?lla?rof?refas?steerts?ruo?gnikam?sedulcni?egnahc?siht?rof?noitacifitsujeht?fo?traP?.atosenniM?ni?steerts?nabru?no?hpm?0 3?fo?timil?deeps?yrotutats?eht?morf?noitcuder?a?sawsihT?.esiwrehto?detsop?sselnu?hpm?52?fo?timil?deeps?ediwytiC?a?dehsilbatse?reenignE?ytiC?eht?,0202?nI?.ffo?llaf?ot?trac?flog?eht?fo?kcab?ehtno?gnidn ats?saw?taht?regnessap?eht?gnisuac?,leehw?gnireets?debbarg?taes?regnessap?ni?tnapuccO.meht?dniheb?rac?eht?otni?drawkcab?dellor?,noitcesretni?eht?ta?dellats?trac?floG.)VR(?elcihev?lanoitaercer?a?kcurt s?dna?drawrof?dehcrul?ti?,trac?flog?eht?gnitrats?nopU.revollor?ni?detluser?taes?kcab?ni?sregnessap?ot?gniklat?revird?trac?flog?detcartsiD.nairtsedep?kcurts?dna?drawrof?dellor?revird?on?htiw?trac?floG .hsarc?lataF?.daor?pihsnwot?larur?no?hpm?55?fo?timil?deeps?detsopnu?,revird?knurd?yb?tih?trac?floG.klawssorc?dekram?a?ni?teerts?eht?gnissorc?elihw?elgna?thgir?ta?kcurts?trac?floG.sdik?rieht?rof?ffo?g niwohs?elihw?trac?flog?eht?dehsarc?yeht?detats?revirD.stcepsus?gnisahc?elihw?trac?flog?a?dellor?silopaenniM?ni?sreciffo?eciloP.trac?flog?dekrap?a?tih?rac?a?erehw?stnedicni?etarapes?owT.dellor?dna?,lo rtnoc?tsol?,llihnwod?gniog?deeps?pu?dekcip?trac?flog?eht?erehw?stnedicni?etarapes?owT.ssensuoicsnoc?tsol?trac?flog?eht?fo?revird?eht?erehw?stnedicni?etarapes?owT.dellor?dna?tsaf?oot?denrut?trac?flog? eht?erehw?stnedicni?etarapes?eerhT.liart)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? neve i 609 ecnanidrO?desoporP?htiw?levarT?traC?floG?fo?stimiL?-?paMstraC?floG?dezirotoM?-?2-11?retpahC?-?tnemdnemA?ecnanidrO:stnemhcattA anyzduB?maS:yB?deraperP.ecnanidrO?traC?floG?dezirotoM?eht?rof?derap erp?pam?stimil?levart?emas?eht?ezilitu?ylekil?dluowsteerts?ytiC?no?esu?VTU?gnittimrep?ecnanidro?nA?.noitaredisnoc?rof?ecnanidro?na?eraperp?dluoc?skroWcilbuP?,)sVTU(?selciheV?niarreT?ytilitU?rof?snoit adommocca?ralimis?redisnoc?ot?detnaw?licnuoc?eht?fI:)s(noitcA?evitanretlA.seitiroirp?emitremmusrehto?nevig?ecnanidro?eht?ecrofne?ot?secruoser?detimil?evah?lliw?tnemtrapeD?eciloP?retsehcoR?.eunever?dn a?stimrep?fo?emulov?latot?eht?ni?sesaercn PART II -CODE OF ORDINANCES 610 hour or less.(ii) Indicate that the golf cart willonlybe operated on City streets withaspeed limit of 25 miles per motorized golf cart.; orwhere the motorized golf cart is garaged to the golf course where the applicant intends to use the (i) sSubmit a written description of the route which the applicant proposes to take from the place Applicant must either:(3)physician that the applicant is able to operate a motorized golf cart on the roadways designated. If the applicant is physically disabled, the applicant must submit a certificate signed by a licensed (2)country. Applicant must possess a valid driver's license issued by the state or some other state or foreign (1)Conditions for issuance of a permit are as follows: (b)the city clerk. Permits shall be valid for one yeartwo yearsfrom the date of issuance. Persons wishing to operate motorized golf carts on public roadways must obtain a permit application from (a)Sec. 11-2-3.Operator permits.(Code 1965, § 130A.02)use which is not expressly authorized by this section is prohibited. Motorized golf carts may be operated within the city limits but only as expressly provided in this section. Any Sec. 11-2-2.Limitations.(Code 1965, § 130A.01)169.522. means a sign which complies with the requirements set forth in Minn. Stats. § Slow moving vehicle emblemthat qualifies for a certificate allowing the person to park in a parking space for the physically disabled. means any person meeting the criteria set forth in Minn. Stats. § 169.345, subd. 2 Physically disabled personbe used to provide transportation on a golf course. means a vehicle usually three or four wheeled which is self-propelled and is designed to Motorized golf cart65B.48, subd. 5. means motor vehicle insurance which complies with the requirements set forth in Minn. Stats. § Insurancethem in this section, except where the context clearly indicates a different meaning: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to Sec. 11-2-1.Definitions.CHAPTER 11-2.MOTORIZED GOLF CARTS Page 1of 2(Supp. No. 5) Created: 2024-03-05 11:45:32 \[EST\]Rochester, Minnesota, Code of Ordinances CHAPTER 11-2. MOTORIZED GOLF CARTSTitle 11 -TRAFFIC AND VEHICLES Created: 2024-03-05 11:45:32 \[EST\]611 State law reference(s)—Authorized penalty for ordinance violations, Minn. Stats. §§ 609.0332, 609.034.(Code 1965, § 130A.05)safely. The city is notified by a physician that the applicant can no longer operate the motorized golf cart (3)An applicant is found to have made fraudulent representations in a permit application. (2)law other than a parking law while operating the motorized golf cart. The city is notified by any court that a permit holder was convicted of violating a state or local traffic (1)In addition to any criminal sanctions, the permit may be revoked if any of the following conditions occur: (b)fine of up to $1,000.00, or both. Violation of any of the requirements of this chapter is a misdemeanor punishable by up to 90 days in jail, a (a)Sec. 11-2-5.Penalties.(Code 1965, § 130A.04)rearview mirror, laws governing vehicle equipment alsoshall not apply. licensing provisions, shall not apply. In addition, with the exception of Minn. Stats. § 169.70 requiring a reasonably be applied to motorized golf carts. However, Minn. Stats. ch. 168, dealing with motor vehicle Motorized golf cart operators must obey all traffic laws while operating a motorized golf cart which can (d)insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. weather or when visibility is impaired by weather, smoke, fog or other conditions or when there is headlights, taillights, and rear-facing brake lights. Motorized golf carts may not be operated during inclement Motorized golf carts may only be operated from sunrise to sunset, unless equipped with original equipment (c)drive their motorized golf carts shall be kept on file in the office of the city clerk. the permit issued to the operator. In addition, a list of permit holders and the roadways on which they may roadway. Roadways with speed limits higher than25 miles per hour which are approved shall be listed on resolution of the city council. Operators may cross any street or highway which intersects a designated Motorized golf carts shall only be operated on the specific roadways which shall be approved for use by (b)motorized golf cart. A person who has been granted a permit shall haveevidence ofthe permit in possession while operating the (a)Sec. 11-2-4.Operating regulations.(Code 1965, § 130A.03)paragraph (a).arepart of the City’s fleet operated by City employees in the scope of their work duties are exempt from If an applicant satisfies the above described conditions, the city shall issue a permit. Motorized golf cartsthat (c)brake lights.must submit evidence that it is equipped with original equipment headlights, taillights, and rear-facing If the applicant is requesting to operate the motorized golf cart between sunset and sunrise, applicant (6)Applicant must submit a signed affidavit evidencethat the motorized golf cart is covered by insurance.(5)been equipped with a rearview mirror and a slow moving vehicle sign emblem. Applicant must submit a signed affidavit evidenceasserting that the motorized golf cart to be used has (4)Page 2of 2(Supp. No. 5) 612 M 613 gniraeH?cilbuP?-?noissimmoC?gninoZ?dna?gninnalP?:4202?,62?enuJegnahC?enoZ?-?gniteeM?noitamrofnI?doohrobhgieN?:4202?,03?lirpA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.etis?eht?gnidnuorru s?doohrobhgien?gnitsixe?eht?fo?ytilativ?eht?nehtgnerts?dna?niatniamlliw?etis?eht?fo?tnempoleveder?erutuf?taht?gnirusne?yb?tseretni?ytinummoc?eht?sevres?egnahc?enozdesoporp?sihT?.sdoohrobhgien?dehsilb atse?ni?seitinutroppo?tnempoleveder?laicremmoc?dna?stnediserwen?gnirb?lliw?seitinutroppo?llifni?dna?gnisuoh?wen?ees?lliw?egde?ytic?eht?gnola?detacol?sdoohrobhgien,sworg?ytiC?eht?sA?.sdoohrobhgien?gni tsixe?fo?ytirgetni?eht?gnicnahne?dna?tnemeganam?htworg?dnaycnarbiv?cimonoce?fo?selpicnirp?eroc?s'nalP?evisneherpmoC?eht?seveihca?egnahc?enoz?desoporp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seitiroirP.aera?gnidnuorrus?eht?ni?sesudna?tnempoleved?gnitsixe?htiw?tnetsisnoc?erom?gnieb?tnemp oleveder?rof?seitinutroppo?lanoitidda?dnaytilibixelf?sedivorp?egnahc?enoz?desoporp?ehT?.tnempoleveder?erutuf?rof?etadidnac?doog?a?si?etis?tcejbusehT?.ti?wener?ot?gnikool?ton?si?dna?esael?tnerruc?rieh t?fo?dne?eht?gniraen?si?tnanet?setacidni?tnacilppa?ehT.emit?tneserp?eht?ta?desoporp?etis?eht?fo?tnempoleveder?ro?tnempoleved?on?si?erehT?.paM?esU?dnaL?nalPevisneherpmoC?s’ytiC?eht?yb?ytreporp?eht?no? deifitnedi?noitacifissalc?esu?dnal?)tnempoleveD?ssenisuB&?laicremmoC(?DBC?gniylrednu?eht?htiw?tnetsisnoc?si?tcirtsid?gninoz?retneC?esU?dexiM?C-XM?tcejbus?ehT.tseuqer?noitacilppasiht?rep?denozer?eb?ot ?dednetni?si?tol?erca-37.4?nrehtron?ehT?.noitangised?gninoz?IL?tnerruc?sti?niatniamot?dednetni?yltnerruc?era?serca?51.4?nrehtuos?ehT?.slecrap?etarapes?owt?otni?lecrap?erca-88.8?na?tilps?otnoitacilppa ?egnahc?enoz?siht?htiw?yltnerrucnoc?gninnur?si?taht?noitacilppa?noisivid?dnal?ronim?a?dettimbussah?tnacilppa?ehT?.WN?rD?roirepuS?&?WN?lP?egatireH?fo?renroc?tsewhtuos?eht?ta?C-XM?ot?IL?morfetis?erca-3 7.4?a?fo?gninoz?eht?egnahc?dluow?taht?tnemdnemA?paM?gninoZ?a?gnisoporp?si?tnacilppa?ehT:evitarraN?tropeR.)retneC?esU?dexiM(?C-XM?ot?)lairtsudnI?thgiL(?IL?morf?serca?37.4?gninozer,.CLL?,sesirpretnE?tt enrA?yb?CZ100-4202DC?.oN?egnahC?enoZ?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR:detseuqeR?noitcA???1.JCLL?,sesirpretnEttenrA?yb?,CZ100-4202DC?.oN?egnahC?enoZ NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM: RETNESERPsgnidaeR?tsriF?ecnanidrO:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,5?tsuguA:ETAD?GNITEE J 614 CZ100-4202DC?esirpretnE?ttenrA?-?ecnanidrO:stnemhcattA selpaC?drawdE:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.repoleved?eht?fo?ytilibisnopser?eht?eb?l liw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF lavorppA?dna?gniraeH?cilbuP?-?gniteeM?licnuoC?:4202?,51?yluJrepapswen?eht?ni?dehsilbup?eciton?dna?noitacifiton?gniraeh?licnuoC?deliaM?:4202?,5?ylu ORDINANCE NO. ______615minutes 39 seconds West, assumed bearing, along the westerly line of said Lot 1, Commencing at the southwest corner of said Lot 1; thence North 02 degrees 05 lying northerly of the following described line:That part of Lot 1, Block 2, CIRCLE 19 PLAZA SECOND, Olmsted County, Minnesota, PARCEL 1 -MXCfollowing described lands to the district indicated: establishing the various zoning districts and boundaries thereof is amendedby rezoning the The Zoning Map of the City of Rochester as adopted by said Ordinance No. 4478 hereby further amended as follows:amended, known as the Unified Development Code of the City of Rochester, Minnesota, is Upon public hearing duly noticed and held, Ordinance No. 4478as Section 1.THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:MINNESOTA.CODE OF THE CITY OF ROCHESTER, KNOWN AS THE UNIFIED DEVELOPMENT AND AMENDING ORDINANCE NO. 4478, INDUSTRIAL) TOMXC(MIXED USE CENTER ) NW & SUPERIOR DRIVE NW FROM LI(LIGHT SOUTHWEST CORNER OF HERITAGE PLACE 4.73ACRESOF LAND LOCATED AT THE ORDINANCE REZONING APPROXIMATELY 2 616 Ord20\\CD2024-001ZC.docx Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY________________________________ APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAIDCOMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFdate of its publication.EFFECTIVE DATE. This ordinance shall become effective upon the Section 2.to the easterly line of said Lot 1, and said line there terminating.thence North 78 degrees 23 minutes 43 seconds East, a distance of 660.25 feet a distance of 224.94 feet to the point of beginning of the line to be described;