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HomeMy WebLinkAbout2026-03-04 City Council Regular Packet (Public)1 COTTAGE GROVE CITY COUNCIL March 4, 2026 COUNCIL CHAMBER - 7:00 PM 1 Call to Order 2 Pledge of Allegiance 3 Roll Call 4 Open Forum 5 Adoption of Agenda 6 Presentations A Annual Photo Contest Staff Recommendation: Receive information on Annual Photo Contest winners. B Firefighter/Paramedic Swearing In Ceremony Staff Recommendation: Swearing-in and recognition of Firefighters/Paramedics Michael Dandl, Sam Anderson, and Adam Higley. C Woolery Scholarship Fund Check Presentation Staff Recommendation: Allow Justin and Kim Olsen and the Cottage Grove Lions an opportunity to present donations to the Cottage Grove Public Safety Board for the Woolery Scholarship. D Proclamation - Gary Spooner Day Staff Recommendation: Proclaim March 15, 2026, as Gary Spooner Day. 7 Consent Agenda A City Council Regular Meeting Minutes (2026-02-04) Staff Recommendation: Approve the February 4, 2026, City Council Regular Meeting Minutes. B City Council Special Meeting Minutes (2026-02-04) Staff Recommendation: Approve the February 2, 2026, City Council Special Meeting Minutes (2026-02-04) C Planning Commission Minutes (2025-12-15) Staff Recommendation: Accept and place on file the minutes from the December 15, 2025, Planning Commission meeting. D Convention and Visitors Bureau Meeting Minutes (2025-11-25) Staff Recommendation: Approve Convention and Visitors Bureau Meeting Minutes (2025-11-25) E Planning Commission Appointments - Madison and Fischer Staff Recommendation: Appoint Bradley Madison to the Planning Commission with a term ending on February 29, 2028, and appoint Commissioner Jessica Fischer to the Planning Commission Chair position through February 28, 2027. F ACHP Commission Appointments - McDermott and Doheny Staff Recommendation: Approve the appointment of Joseph McDermott and Mary Doheny to their first 2 terms on the Advisory Committee on Historic Preservation, effective March 1, 2026, and ending February 29, 2028. G Lower Potency Hemp Edible Retailer License — G-Will Liquor Staff Recommendation: Approve the Lower Potency Hemp Edible Retailer License to Cherokee Liquors (DBA G-Will Liquors) at 6999 80th Street South, Cottage Grove. H Temporary Gambling License - Phoenix Residence Staff Recommendation: Authorize issuance of a single-occasion gambling permit to Corrie Lynn Kopischke on behalf of Phoenix Residence, to conduct a raffle at River Oaks Golf Course (11099 Hwy 61, Cottage Grove) on June 8, 2026, from 12:30-6:00 PM. I Temporary Gambling License - Accacia Lodge No. 51 Staff Recommendation: Authorize issuance of a single-occasion gambling permit, David Gene Martin, on behalf of Accacia Lodge No. 51, to conduct a raffle at 11094 70th Street South, Cottage Grove, on October 3, 2026, at 6:00 PM. J Washington County Wellness Grant Acceptance Staff Recommendation: Approve the grant agreement with Washington County in the amount of $3,000 and authorize the expenditure of the $300 matching contribution. K Rental License Approvals Staff Recommendation: Approve the issuance of rental licenses to the properties listed in the attached table. L Sale of Surplus Equipment - eBikes Purchase Staff Recommendation: 1) Authorize the department to sell two ATVs (Units #5398 and 5399) to 61 Marine & Sports for $5,000.00. 2) Authorize the department to purchase two E-bikes with the proceeds from the sale of surplus equipment. The cost not to exceed $5,000. M Authorization to Purchase Replacement Squad Staff Recommendation: Approve the purchase of a replacement vehicle for the administrative fleet. N Bike Park Service Agreement Staff Recommendation: Authorize service agreement with Pathfinder Trail Building, LLC for Bike Park jump line improvements for the amount of $73,608. O Kingston ECP Grant Application Staff Recommendation: Authorize staff to apply for a MN DNR Expedited Conservation Partners grant for Kingston Park native habitat restoration in the amount of $75,000. P Ice Arena Kraus-Anderson Agreement Staff Recommendation: Authorize Construction Manager as Adviser AIA C132 contract with Kraus Anderson for preconstruction services in the amount of $10,000 and preconstruction administration and management fee equal to 2.25% (estimated at $91,842) of the project costs for the Ice Arena Remodel Project. Q 2026 Washington County Grant Agreement for Municipal Recycling Staff Recommendation: Approve the 2026 Grant Agreement for Municipal Recycling Grant Distribution in the amount of $60,078.00. R 2026 Standard Specifications for Utility and Street Construction, Standard Detail Plates, and Engineering Design Standards Staff Recommendation: Approve the Cottage Grove 2026 Standard Specifications for Utility and Street Construction, the 2026 Standard Detail Plates, and the 2026 Engineering Design Standards. S 2026 Pavement Management - Approve Plans & Specifications and Authorize Bidding Staff Recommendation: Adopt Resolution 2026-021 approving the plans and specifications and authorizing bidding for the 2026 Pavement Management Project. T Hamlet Pond - Change Order & Final Payment Staff Recommendation: Approve Change Order #1 and adopt Resolution 2026-029 approving the final payment of $169,818.48 for the 2025 Hamlet Pond – Phase 2: Bank Grading and Sediment Removal Project. 3 U SCADA Integrator Professional Services Agreement Staff Recommendation: Approve the Professional Services Agreement with In Control, Inc. and appropriate officials are hereby authorized to sign all necessary documents to effectuate these actions. V Water Service Repair-Assessment Waiver Agreement Staff Recommendation: 1) Approve the Assessment Waiver Agreement for 6237 64th Street South and appropriate officials are hereby authorized to sign all necessary documents to effectuate these actions. 2) Adopt the assessment in the amount of $6,300.00 as outlined in the agreement. W LCCR Grant Submission Authorization - Mississippi Dunes Development Project Staff Recommendation: Adopt Resolution 2026-038 authorizing staff to apply for the Minnesota LCCMR grant in the amount of $386,250 to assist in the completion of plans for the Mississippi Dunes Park Building. 8 Approve Disbursements A Approve Disbursements Staff Recommendation: Approve disbursements from 02-13-2026 through 02-26-2026 in the amount of $4,366,287.26. 9 Public Hearings 10 Bid Awards 11 Regular Agenda A Panera – Site Plan Review and Conditional Use Permit Staff Recommendation: 1) Adopt Resolution 2026-036 approving a Site Plan Review for the construction of a restaurant and associated site improvements to be located at 7162 East Point Douglas Road South. 2) Adopt Resolution 2026-037 approving a Conditional Use Permit for a Restaurant with a Drive-up Window to be located at 7162 East Point Douglas Road South. 3) Approve the Permanent Utility Easement, Encroachment Agreement, Permanent Drainage and Utility Easement, Permanent Sidewalk Easement, and the Stormwater Management and Facilities Agreement with DCJ Cottage Grove, LLC. B New Life Church (11245 Point Douglas Drive South) – Site Plan Review Staff Recommendation: 1) Adopt Resolution 2026-035 approving the Site Plan Review for a 5,814 square foot building addition to the existing New Life Church building located at 11245 Point Douglas Drive South. 2) Approve the Stormwater Management Facilities Agreement with New Life Community Church. 12 Council Comments and Requests 13 Workshops - Open to Public A Ordinance Amendments Workshop - Code Updates Staff Recommendation: Provide direction on proposed code updates. B 2026 Mill and Overlay Improvements — 95th Street Lane Reallocation Staff Recommendation: Receive information on the 95th Street Lane reallocation and provide feedback to staff. 14 Workshops - Closed to Public 15 Adjournment 1 City Council Action Request 6.A. Meeting Date 3/4/2026 Department Communications Agenda Category Presentation Title Annual Photo Contest Staff Recommendation Receive information on Annual Photo Contest winners. Budget Implication N/A Attachments 1. 2026 Annual Photo Contest TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Phil Jents, Communications Manager DATE: February 25, 2026 RE: 2026 Annual Photo Contest Background Cottage Grove is a beautiful place to live and many of our residents are talented, creative individuals. The City wanted to, once again, showcase that beauty and talent from our community by hosting the annual photo contest. The annual photo contest has been a tradition spanning at least a decade. It has been a popular contest and something that many staff look forward to voting on each year. The City of Cottage Grove promoted this contest through its various communication channels including social media and the Cottage Grove Reports. Photo submissions were organized by the communications team and sent to city staff, who voted for their favorite in each category. City staff were asked to look for images that represent each category well. All photos considered for judging were taken within the city limits. Participants submitted photos along with their title in one of four categories. The categories for 2026 included Life in Cottage Grove, Animals, Lifestyle, and Landscape. This is the breakdown of how many submissions we received per category: • Life in Cottage Grove: 5 photos accepted for submission. • Animals: 26 photos accepted for submission. • Lifestyle: 10 photos accepted for submission. • Landscape: 45 photos accepted for submission. Total submissions: 86. Category Winners • Life in Cottage Grove: “Farm on the Hill” by Jean Anderson • Animals: “Fox on Lamar Ave” by Erin Spence • Lifestyle: “Baby Rainbow on the Way” by Zoua Her • Landscape: “Where Summer Lingers” by Charlene Swanlund • Best In Show: “Mirror Flight” by Charlene Swanlund 1 City Council Action Request 6.B. Meeting Date 3/4/2026 Department Public Safety Agenda Category Presentation Title Firefighter/Paramedic Swearing In Ceremony Staff Recommendation Swearing-in and recognition of Firefighters/Paramedics Michael Dandl, Sam Anderson, and Adam Higley. Budget Implication N/A Attachments None 1 City Council Action Request 6.C. Meeting Date 3/4/2026 Department Public Safety Agenda Category Presentation Title Woolery Scholarship Fund Check Presentation Staff Recommendation Allow Justin and Kim Olsen and the Cottage Grove Lions an opportunity to present donations to the Cottage Grove Public Safety Board for the Woolery Scholarship. Budget Implication N/A Attachments 1. PS Board Check Presentation Scholarship Fund March 4 To: Honorable Mayor and City Council From: Peter J Koerner, Director of Public Safety Date: March 4, 2026 Subject: CRAIG WOOLERY SCHOLARSHIP FUND CHECK PRESENTATION INTRODUCTION RECOMMENDATION 1 City Council Action Request 6.D. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Proclamation - Gary Spooner Day Staff Recommendation Proclaim March 15, 2026, as Gary Spooner Day. Budget Implication N/A Attachments 1. March 15_Gary Spooner Day_Presentation Version PROCLAMATION March 15, 2026 Gary Spooner Day WHEREAS, the South Washington County Bulletin started in 1958 as the “Newport News” and was sold in the early 1960’s as a tabloid; and WHEREAS, the Bulletin was purchased by Gary Spooner and John Herman in 1970 and was converted into a full newspaper; and WHEREAS, they operated the newspaper and opened the Bulletin License Center along 80th St (current site of Kohls) and in 1983 Gary Spooner and William Kruger bought out John Herman; and WHEREAS, the South Washington County Bulletin continued to serve the Cottage Grove community under the operation of Mr. Spooner until it was bought by the Republican Eagle in 1994; and WHEREAS, Gary has been and continues to be an integral part of the Cottage Grove community. He is a charter member of the Cottage Grove Chapter of the Lions Club, a charter member of the South Washington County Rotary, a founder of the Cottage Grove Chamber of Commerce, served on the budget committee for the school district, and much more; and WHEREAS, Gary Spooner was given the 2025 Historic Preservationist of the Year Award by the Cottage Grove City Council for his work at the Cottage Grove Bulletin; and WHEREAS, the celebration for Gary Spooner’s 87th birthday is being held on March 15, 2026. NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of Washington, State of Minnesota, hereby proclaim March 15, 2026, as: Passed this 4th day of March 2026. _____________________________________ Myron Bailey Mayor 1 City Council Action Request 7.A. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title City Council Regular Meeting Minutes (2026-02-04) Staff Recommendation Approve the February 4, 2026, City Council Regular Meeting Minutes. Budget Implication N/A Attachments 1. 2026-02-04 City Council Meeting CITY OF COTTAGE GROVE  12800 Ravine Parkway  Cottage Grove, Minnesota 55016 www.cottagegrovemn.gov  651-458-2800  Fax 651-458-2897  Equal Opportunity Employer COTTAGE GROVE CITY COUNCIL February 4, 2026 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MN 55016 COUNCIL CHAMBER - 7:00 P.M 1. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on February 4, 2026, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order. 2. PLEDGE OF ALLEGIANCE The audience, staff, and City Council Members stood and recited the Pledge of Allegiance. 3. ROLL CALL Tammy Anderson, City Clerk, called the roll: Mayor Bailey-Here; Council Member Clausen-Here; Council Member Garza-Here; Council Member Olsen-Here; Council Member Thiede-Absent. Also present: Jennifer Levitt, City Administrator; Ryan Burfeind, Public Works Director; Zac Dockter, Parks and Recreation Director; Phil Jents, Communication Manager; Chad Donnelly, Deputy Public Works Director; Paul Sponholz, City Engineer; Pete Koerner, Public Safety Director; Cynthia Kirchoff, City Attorney-LeVander, Gillen & Miller, PA; Brenda Malinowski, Finance Director; Emily Schmitz, Community Development Director. 4. OPEN FORUM Mayor Bailey said this is the opportunity for people to speak on something that is not on tonight’s agenda. We have three people who signed up to speak, so I’ll call them up. Please limit your comments to three minutes. Jon Lyksett said Good Evening, Mayor and Council, 613 Park Valley Drive West, Hopkins, Minnesota. He said some of you might know me. I’d like to start by saying I’m currently an employee of the City of Minnetonka, and what I am saying I’m saying of my own accord, and I am not here as a representative of that community. I grew up in Cottage Grove, I lived and worked here for the better of 20 years. I’m here to speak to you about the HERO Center’s contract with ICE. I understand that the cities of Cottage Grove and Woodbury made an agreement with ICE to use their training facilities prior to the extreme surge that has caused a fair amount of damage to immigrant communities in Minnesota, Illinois, Washington, and more. Two weeks ago, a group of West Metro Police Chiefs made clear what’s happening with Operation Metro Surge. ICE agents are using unconstitutional tactics and racial profiling to target brown and black residents. Its agents are making unsafe choices, and as you know doubt know it by know, ICE is responsible for two of the three reported homicides in Minneapolis in 2026. ICE, as it’s operating now, is a stain on law enforcement in our community. The agents are acting outside of the boundaries of the Constitution. So, here’s my ask: End the contract that the HERO Center has with ICE. Admittedly, I don’t know the full details of this contract, but I do know that most agreements like this can be ended as long as sufficient notice is given. Cancellation of the agreement can usually be given without specific violation of terms. This action wouldn’t be taken without consequences, and I understand that there’s a risk but you, as a Council, have the power to make this decision. Which is more important, eliminating a small revenue stream or sending a message to the Federal government that the unconstitutional and despicable ways that they are dealing with immigration enforcement aren’t acceptable in Cottage Grove, Minnesota, and our country? Thank you. City Council Meeting Minutes February 4, 2026 Page 2 of 10 Mayor Bailey replied thank you, and I should just mention for the public, as you’re coming up, we will provide you with a written response, just so you know; that’s why we ask for your address, so thank you. City Council Meeting Minutes February 4, 2026 Page 3 of 10 protect and serve their communities. Constitutional Rights are being egregiously violated by ICE, and we have every right to be angry that our local governments aren’t allowed to stop the Federal agents, who have not been properly vetted or trained, from barreling through our streets and acting on impunity and abusing the authority they have, as if they are above the law. We’re seeing agents in rental cars with faces masked, and they’re kidnapping people off the streets because they’re getting away with it. This is not a hypothetical concern. It wasn’t very long ago when we all witnessed firsthand the ultimate cost of anonymous policing when Speaker Melissa Hortman was murdered by a man impersonating a police officer; he was hiding in a mask with a fake badge and a car that was altered to look like an undercover police car. I also want to take note that and tell you guys that if you go onto Amazon, you can find that these police lights, the flashers that you see in these cars, can be purchased for $30 off of Amazon, so anybody really could get one and put them in their car. The assassination of Melissa Hortman and her husband by a gunman is exactly why the distinction between undercover work in Public Safety is a matter of life and death. Right now, you’re allowing ICE and CBP to use those same tactics, they’re hiding behind masks and blacked-out windshields and covering their license plates; we’ve even seen them using the fake canned snow sprayed over their license plates. By letting ICE and CBP break the law, you’re creating a safety gap that any radical with a gun or a rental car can walk right through. If a citizen can’t see a face and can’t see a plate, they have to assume it’s a threat. When people cannot tell the difference between a Federal agent and a radicalized gunman, because both are masked or disguising themselves by driving unmarked rentals while obscuring their plates, the City has a moral and legal obligation to act. I did some research on the laws, and the State does have laws regarding windshield tinting, and the Minnesota Statute 169.71, Subd. 4, states that a person must not drive or operate any motor vehicle in the State of Minnesota upon a street or highway under the following conditions: When the windshield is compromised, covered by, or treated with any material, which has the effect of making the windshield more reflective or any other way, reducing light transmission through the windshield. There are exceptions in this clause, and the only one that I can see them trying to use would be that they’re government officials. In that State law, it says that there is an exception for the rear and side windows of police cars, but not the front windshield. It doesn’t include the front windshield and most certainly doesn’t give these people the right to completely black out their front windows, which we’re seeing all over. As far as their license plates go, Subd. 6 says that a motor vehicle of any kind, other than those provided in Subd. 2 or 4, which accounts for semitrailers or collector cars that were made in 1972 or earlier, one plate must be displayed on the front and one on the back of the vehicle. This makes it a crime to cover a license plate with any material whatsoever in the State of Minnesota, and Governor Walz and the DNS has already called this terrorizing our community and criminal activity. If a citizen did this, they’d be in handcuffs, so why are our local police standing by while Federal agents do it to facilitate illegal abduction of our residents? 5. ADOPTION OF AGENDA City Council Meeting Minutes February 4, 2026 Page 4 of 10 Motion by Council Member Olsen to adopt the agenda; second by Council Member Garza. Motion carried: 4-0. 6. PRESENTATIONS Staff Recommendation: Perform the Swearing-In and Badge Ceremony for Rebecca Dziki, Timothy Gunderson, and Ryan Sheak. She is honored to serve the citizens of Cottage Grove and look forward to a career rooted in professionalism, accountability, and respect. After her oath, her husband, Dustin, will be pinning on her badge. I was then lucky enough to join Cottage Grove P.D. in January 2025. Director Koerner said not kissing up to you, we’re lucky that you’re in the group, too, and we were able to hire you. In Tim’s spare time, he no longer uses chainsaws, but now he likes to hunt, play hockey, and go to concerts. After his oath, his father, Tim, will be pinning on his badge. City Council Meeting Minutes February 4, 2026 Page 5 of 10 Director Koerner said last, but not least, Officer Sheak. I’m slipping, another one not from Park but he lives in Cottage Grove. Ryan grew up in White Bear Lake where he graduated from high school in White Bear, later attended Minnesota State University-Mankato for business management. Ryan spent the next 12 years working in corporate America until 2016, when he transitioned into law enforcement. From 2016 to 2025, Ryan worked at the White Bear Lake Police Department where he got to proudly serve his hometown community for nine years. During his time with White Bear P.D., he was fortunate enough to work in a variety of roles, Detective and School Resource Officer, but is most thankful for the opportunity to give back and serve the community in which he grew up. In January 2025, Officer Sheak and his family (smart man) decided to join the Cottage Grove Police Department where he now gets to serve the community in which he lives. Officer Sheak and his wife, Amber, have been married for 20+ years and have three children, Donovan, Sidney, and Weston. When Officer Sheak is not working, he enjoys giving back to our community and is largely known around town as Coach Sheak. Officer Sheak is thankful to be a part of the Cottage Grove P.D. family and looks forward to supporting and continuing to serve our community. Staff Recommendation: Proclaim February 2026 as Black History Month. 7. CONSENT AGENDA City Council Meeting Minutes February 4, 2026 Page 6 of 10 I. Authorize staff to apply for the Minnesota LCCMR Grant Funding to assist in the completion of the Mississippi Dunes Master Plan. J. Authorize the Fire Department to apply for a FY25 FEMA Assistance to Firefighter Grant in the amount of $380,585. K. Authorize Service Agreement with Oertel Architects for Ice Arena Remodeling Project final design services. L. Staff recommends that the City Council authorize River Oaks to proceed with recycling the equipment listed in the memo. M. Receive the fuel pricing for 2026 under State Contract Number 281983. N. Approve the increased budget amount of the bucket truck from $210,000 to $236,000 & authorize purchase. O. 1) Adopt Resolution 2026-024 approving the Mississippi Landing 3rd Addition Final Plat, which is an approximate 10.82-acre residential development with 66 single-family lots. 2) Approve the Mississippi Landing 3rd Addition Development Agreement with Rachel Development, Inc. and authorize execution of all easements, deeds, and agreements required for the plat and project. 3) Adopt Resolution 2026-025, approving the Mississippi Landing 3rd Addition Development Plans dated January 26, 2026, prepared by Alliant Engineering, and as modified by request of the City Engineer. P. Adopt Resolution 2026-027 awarding the Front Desk Area Security Upgrade contract to RAK Construction in the amount of $96,955, and authorize the Service Agreement between RAK Construction and the City of Cottage Grove. Q. Adopt Resolution 2026-022, supporting the City’s Better Utilizing Investments to Leverage Development (BUILD) grant application for the County 19A/100th Street Realignment Project. Council Member Clausen wished to pull Item G, Authorize the Order of Replacement Ambulance, and Council Member Garza wished to pull Item D, 4th Quarter Donations, on the Consent Agenda for further comment and/or discussion. Council Member Clausen said thank you, Mayor, Council Members. EMS is where I grew up and cut my teeth so I’ve been dealing with ambulances and this for 40+ years. This is usually a very simple thing, we’re going to authorize the purchase of an ambulance tonight, and I just wanted to briefly say why we’re doing this. It’s going to be delivered in 2027, if not later. The state of the industry is that ambulances take about three years to build because there’s very few manufacturers now, and if we didn’t preorder this now, we wouldn’t be able to get it until 2029. The ambulance vendor that we use was nice enough to hold a build slot for us, so it allows us to order it tonight and maybe get it next year; if we didn’t, again it would take years to get this ambulance. The ambulance it’s replacing, the patient compartment is 22 years old, which I worked out of, back in the day; so, its well past its useful life, and the ambulance is well past its useful life. Anyway, I just wanted to mention that I support purchasing this item tonight. Thank you. Mayor Bailey said I want to piggyback real quick, just for the public to be aware. The price for this ambulance is just under $300,000, and that does not include the items that go inside it, which I believe are at least another $150,000 to $200,000 if we put everything in it. So, we’re talking about a half a million dollar ambulance, so it is a pretty hefty investment, and that is the reason we’re doing this now so we can get in queue. All right, thank you. Council Member Garza said I would like to recognize where we received our 4th Quarter Donations in 2025. They were all related to our Hometown Holiday Celebration, but we’re just excited that we were able to bring in about $5,100. The donations were received from: Stantec, $2,400; LeVander, Gillen & Miller, $500; Bolton & Menk, $2,000; Sagent Behavioral Health, $200. So, the total amount donated in the 4th Quarter 2025 was $5,100, so we thank those businesses that donated to our City. Thank you. Motion by Council Member Clausen to approve the Consent Agenda; second by Council Member Olsen. Motion carried: 4-0. City Council Meeting Minutes February 4, 2026 Page 7 of 10 8. APPROVE DISBURSEMENTS Staff Recommendation: Approve disbursements from 01-16-2026 through 01-29-2026 in the amount of $5,489,440.95. Motion by Council Member Garza to approve disbursements; second by Council Member Olsen. Motion carried: 4-0. A. Cedarhurst Historic District Nomination to City Register of Historic Sites and Landmarks Staff Recommendation: 1) Hold the Public Hearing for the nomination of the Cordenio Severance House (Cedarhurst) Mansion and the Gardener’s Cottage to the City Register of Historic Sites and Landmarks. 2) Adopt Resolution 2026-026 to place the Cordenio Severance (Cedarhurst) Mansion and significant outbuildings located at 6940 Keats Avenue South, and the Gardener’s Cottage located at 9912 70th Street South on the City Register of Historic Sites and Landmarks to be known as the “Cedarhurst Historic District.” Mayor Bailey said Max Erickson, our Planner, is here to walk us through this. So, welcome, Max. Planner Erickson said thank you, Mayor and Members of the Council. Property owner Bellagala has applied for the designation of the Cedarhurst Mansion property, at 6940 Keats Avenue South, and the Gardener’s Cottage property, at 9912 70th Street South, to the City’s Register of Historic Sites and Landmarks. The applicant, Bellagala, has obtained a Historic Conditional Use Permits for both properties in order to operate a wedding and event center. Under City Code, Historic Conditional Use Permits are granted to properties that have a designated site or landmark on the City’s Register of Historic Sites and Landmarks plus the Local or National Register. The mansion has been listed on the National Register since 1978, and staff have not come across any record that the mansion was ever officially inducted into the Local Register. The procedure for adding nominations to the Local Register must follow City Code, Title 2, Chapter 2 requirements. Nominations must demonstrate: 1) Its character, interest, or value as part of the history or cultural heritage of the City, the State, or the United States. 2) Its association with persons or events that have made a significant contribution to the cultural heritage of the City. 3) Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail materials, or craftsmanship. Nominations must be reviewed by the ACHP: In the year 2000, the ACHP had signs of significance for the Cedarhurst property. The findings of significance were granted under the same characteristic requirements as our model Code, not much has changed. A study conducted in 2022 by New History outlines further finding and more details of the historic significance for both properties, as well as outbuildings and other features on the site. Additionally, it provides guidelines for preserving certain features of the site. The primary significance of the Cedarhurst site is its historical association with Cordenio Severance, as well as the architectural style, consistent with the early 20th century. Cedarhurst has been a benefit to the community by attracting business and services to Cottage Grove, as it was utilized as a wedding event center in the past. The combination of these findings satisfies characteristic requirements for City Code. On October 14, 2025, the ACHP reviewed this application and unanimously recommended approval to Council to add both properties to the Historic Register as the Cedarhurst Historic District. City Council Meeting Minutes February 4, 2026 Page 8 of 10 Another requirement is all nominations to the Local Register must have a Public Hearing. Planner Erickson said with that, I’ll leave the Recommendation before you. 10. BID AWARDS - None. 11. REGULAR AGENDA - None. 12. COUNCIL COMMENTS AND REQUESTS City Council Meeting Minutes February 4, 2026 Page 9 of 10 Officer, and then of course, when there’s an opportunity to become a regular police officer or a firefighter in town, they’ll jump at that chance. There’s a lot of good stuff that comes from that, and one of the ways we foster that is each year we make an effort to award at least two individuals with what’s called the Craig Woolery Scholarship that is managed through the Public Safety Board. This scholarship for first responders covers police officers, firefighters, and EMS personnel. Our annual donation, my family and I, for this scholarship will be coming forward here in about a month. I believe Director Koerner’s been behind the scenes, setting things up. We always like it when former Director Woolery can be here for that, so I’m looking forward to that, but I just wanted to put it out there that that donation will be coming forward in a month or so. If anybody is interested in joining us in donating towards young people, whose education and books and all of those things continues to go up and up and up in cost, but they want to pursue a career in Public Safety being a first responder, hopefully in our community, this is a great way to do that. You can make those donations directly to the Cottage Grove Public Safety Board, or you can certainly reach out to any of us here on the City Council or City staff for directions on how to make that work. But it’s a great opportunity to support young people, who want to give back to their communities. And, with that, Mayor, I’ll turn it back to you. City Council Meeting Minutes February 4, 2026 Page 10 of 10 Mayor Bailey said tonight there aren’t any Workshops, Open to the Public, or any that are Closed to the Public. 13. WORKSHOPS - OPEN TO PUBLIC - None. 14. WORKSHOPS - CLOSED TO PUBLIC - None. 15. ADJOURNMENT 1 City Council Action Request 7.B. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title City Council Special Meeting Minutes (2026-02-04) Staff Recommendation Approve the February 2, 2026, City Council Special Meeting Minutes (2026-02-04) Budget Implication N/A Attachments 1. 2026-02-04 City Council Special Meeting CITY OF COTTAGE GROVE  12800 Ravine Parkway  Cottage Grove, Minnesota 55016 www.cottagegrovemn.gov  651-458-2800  Fax 651-458-2897  Equal Opportunity Employer COTTAGE GROVE CITY COUNCIL February 4, 2026 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MN 55016 TRAINING ROOM - 5:30 P.M 1. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a Special Meeting on February 4, 2026, at Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order. 2. AGENDA A. 2026 Legislative Agenda Staff Recommendation: Review the 2026 Legislative Agenda. Mayor Bailey said so, first of all, thanks to all of our legislative team and county commissioner for joining us here in Cottage Grove this evening. Every year we like to do what we call our legislative agenda; we like to put out there, as I’m sure you get it from every city, and the county, and so on, kind of what our big fish are, what are the things that we are passionate about and looking for some help with. So, I’m going to stop right now and I’m going to share some info with you, kind of what we’ve been doing, and how you’ve helped us over this last year. And then I think just for some clarity, for some new faces that are in the room, we’ll have everybody introduce themselves so that everybody knows who everybody is. And then we’ll kick off some of the specifics, and I’m going to go with Ryan first when we get to that point. So, the first thing I’ll just mention, obviously we’re very proud as a community of our heritage here, what’s happening, we’re definitely a growing community, and I think you all know that as you can see what’s going on here. But I also want to talk about some of the things that you guys have helped us with, and it’s kind of cool that we got it all in, which is awesome. So, from the Minnesota Clean Water, Land, and Legacy Fund, Cottage Grove has received $152,300 in grant funds to help with some water efficiency upgrades that have happened over the past year. What’s coming up this year is the 80th Street Bridge Rehabilitation Project, which is a huge, huge deal for us, and the State graciously is working with us regarding the interchange at 80th and Highway 61. So, what we were going to do initially is we were going to build 80th Street and fix 80th Street, and then within two years, the DOT was going to come in and shut down the bridge and the ramps for the bridge, to redo the ramps and do their work over there. So, this year, we’re doing it together, and actually, we’re bidding the project together, so we’re working for a better price, obviously, so, that’s pretty cool. And then I know this is near and dear to our hearts, especially for our county commissioner, Local Affordable Housing Aid (LAHA) dollars. We will be spending $916,000 and it’s going towards Real Estate Equities, which does our Affordable Housing projects. We also have several other projects that are happening that are in queue for LAHA dollars. The one project that the $916,000 is for is a fairly significant apartment complex that’s going on the corner of Hadley and 100th Street, and that is Real Estate Equities; they’ve been looking around our community for quite a while, and so we finally landed on this spot, and they were able to get a project going and were able to use some of those dollars in that great way. So, again, we appreciate all the work that you guys have done over the past year. I also want to mention real quick there is a couple from our Economic Development department, and you’ll meet Nate here in a minute; he can point out a couple funds that we really utilize in a great way in Cottage Grove, the Minnesota Investment Fund and also the Job Creation Fund. Both of those are being used and had support with DEED and others in order to continue to bring new business into Cottage Grove or help some of our existing businesses actually expand. I believe we’re kind of working with them right now, as Van Meter is going to expand 100,000+ square feet, and City Council Special Meeting Minutes February 4, 2026 Page 2 of 17 we’re working with them on some additional funding opportunities for them as they create additional jobs in Cottage Grove. said I’m going to keep it a lot shorter. I agree the PFAS issue is a huge issue, and local projects are also a huge issue, too. And having voted for the Bonding Bill last time around, I think this session is City Council Special Meeting Minutes February 4, 2026 Page 3 of 17 going to be just as important, and I hope to see some good projects in that and continue to push forward, and work for our District in whatever way I can. City Council Special Meeting Minutes February 4, 2026 Page 4 of 17 Senator Judy Seeburger. I did have a nice conversation with Mark Roth earlier, that’s why I was late, it was on the PFAS issue. That’s something that’s important to all, up and down the District, but particularly in Cottage Grove. Cottage Grove was featured fairly heavily in that film, so it’s certainly front of mind for the residents of Cottage Grove with PFAS and the treatment plants and then the costs incurred of running it. I think that’s the piece that people forget, we can build it, but then you’ve got to run it. So, hopefully, I’m hearing all this talk about support for Bonding dollars, obviously I support it, have supported it. We haven’t been able to get one done for the last couple sessions, so that would be great. I’m looking forward to hearing more about what’s on your docket. • Ryan Burfeind, I’m the Public Works Director for the City. • Zac Dockter, Parks and Recreation Director for the City. • Brenda Malinowski, Finance Director for the City. • Emily Schmitz, the Community Development Director for the City. • Pete Koerner, Director of Public Safety. • Phil Jents, Communications Manager. • Nate Carlson, Economic Development Manager. • Paul Sponholz, City Engineer. City Council Special Meeting Minutes February 4, 2026 Page 5 of 17 a new direct route, and the key is that grade-separated railroad crossing over the CPKC bridge, ending over at Highway 61. From a funding perspective, it’s been City and County going aggressively after State and Federal grant funds. On the left is all the buckets of money we’ve applied for, the bold are the ones that we have received. On the right, that Total Project Cost is $47 million. That bridge is just such a costly endeavor to not only get it over the railroad tracks, but there’s major transmission lines in this area, a gas transmission line, and the Met Council interceptor sewer runs right through there as well. So, we have a lot of infrastructure to cross with that bridge. You can see the breakdown of funds between the City and County and our CIPs, and we have that $13.6 million. We have a really important clock: Initially, we had a 2027 timeframe that we had to start using those funds, so we’re trying to really work aggressively with Washington County. There was some hope to maybe push back the required start date, but I’m not sure where all that stands today, so we’ve really got to start this project here next year, and then the Bonding Request would finish that out at $22.5 million so we can deliver this project. City Council Special Meeting Minutes February 4, 2026 Page 6 of 17 on behalf of whatever these subjects are, please don’t ask now, I’m more than happy to, and I’m saying it can be on any of these projects for the things that we’re listing as a priority. City Council Special Meeting Minutes February 4, 2026 Page 7 of 17 Mayor Bailey said so, we’re, I’m just not going, I won’t go into the details of that. We are making some decisions and working towards a solution for Cottage Grove. Senator Seeburger said got it. Mayor Bailey said I’ll just say it in that way. City Council Special Meeting Minutes February 4, 2026 Page 8 of 17 Representative Johnson asked four years? Council Member Olsen said yeah, for a fulltime rotation. Mayor Bailey said so right about when we get the third new one, yes. City Council Special Meeting Minutes February 4, 2026 Page 9 of 17 LCCMR money. We’ve already got an award for an Outdoor Recreation Grant from the CPO, and then we also received a CPO grant, a Conservation Partners grant, and then we have already applied for the State Department grant. So, I guess my biggest ask is that as you’re walking the halls of the capitol is to just remind your friends that this is not just any park, this is different; the ecological, and historical, and cultural significance of this thing is extremely important, not just to Cottage Grove, but the entire region. Its next to the Grey Cloud SNA, its got historical Native American cultural aspects to it. So, there’s just a lot going on here, and obviously, we want people to get out there and enjoy the river. Tom gets to enjoy the river, but many people do not. City Council Special Meeting Minutes February 4, 2026 Page 10 of 17 affordability, making sure, as it was just said, we are already going into the LAHA dollars, providing options out there. And whether it’s a full apartment complex, like the one that we’re talking about, or it’s even hey, we’re going to get some additional spaces over here, or what’s the one by the library? Director Schmitz replied Bluestem. Mayor Bailey said Bluestem, which is the deeply affordable senior facility. Other communities, I love to say this, is Karla had called me and said, hey, Oakdale doesn’t want the money, and I said we’ll take it, when it was coming due. Because we said, we’ll take it, we want it, we want to provide our seniors, that can’t afford maybe some of the other senior facilities in Cottage Grove, with another option. And, believe me, I hear about it a lot from our seniors as the rates keep going up in some of these apartment complexes, so, I definitely want to be able to give them another option there. City Council Special Meeting Minutes February 4, 2026 Page 11 of 17 Representative Johnson said so, it is going to come up again, you know where my feelings are going to be. It is going to come up again, from my understanding from our favorite Representative from the Shakopee side, to try to take the Sales Tax away again, which baffles me. But and what the problem is, is you have lobbyists coming in, Housing First is one of them, that just says we can get Affordable Housing if we could just get the cities to loosen up and allow us to put in what we want to put in, and all that stuff. And that’s basically what’s happening, and it’s, unfortunately, some people are going with it, some people are supporting it, that I just shake my head. It’s like why are you supporting it? Because I know your community isn’t supporting it. City Council Special Meeting Minutes February 4, 2026 Page 12 of 17 don’t want to have to talk about sex trafficking, which we have, but we spend a lot of time ensuring the therapists that are operating in our community are all licensed. So, it’s just something to think about. City Council Special Meeting Minutes February 4, 2026 Page 13 of 17 Representative Johnson said and you’re right, I mean, because on one side you’re talking about we’re losing local papers and we cannot get our information out, but it’s just one more rule. And some of those papers are taking $60,000 or $70,000 away, it’s a big hit. City Council Special Meeting Minutes February 4, 2026 Page 14 of 17 more news on potential, I will call them development activities, specifically with industrial projects. Whatever we can do to really incentivize Xcel to start investing more in deployment of energy is critical for everyone. City Council Special Meeting Minutes February 4, 2026 Page 15 of 17 of our purchases are exempt from Sales Tax. However, some of our City operations are not exempt, specifically, our golf course. City Council Special Meeting Minutes February 4, 2026 Page 16 of 17 Commissioner Bigham asked didn’t somebody get really hurt in Hastings? Representative Dippel replied yeah, Janet. City Council Special Meeting Minutes February 4, 2026 Page 17 of 17 Representative Johnson said Woodbury came in last year. Commissioner Bigham replied yep and got it; Mayor Bailey agreed. Representative Johnson said okay. 3. ADJOURNMENT 1 City Council Action Request 7.C. Meeting Date 3/4/2026 Department Community Development Agenda Category Action Item Title Planning Commission Minutes (2025-12-15) Staff Recommendation Accept and place on file the minutes from the December 15, 2025, Planning Commission meeting. Budget Implication N/A Attachments 1. PC Minutes 2025-12-15 COTTAGE GROVE PLANNING COMMISSION December 15, 2025 12800 Ravine Parkway South Cottage Grove, MN 55016 COUNCIL CHAMBER - 7:00 P.M. The Regular Meeting of the Planning Commission was held in the Council Chamber and telecast on Local Government Cable Channel 16. 1. CALL TO ORDER Brittain called the Planning Commission meeting to order at 7:00 p.m. 2. ROLL CALL Pradeep Bhat-Here; Ken Brittain-Here; Jessica Fisher-Here; Evan Frazier-Excused Absence; Eric Knable-Unexcused Absence; John Stechmann-Here; Terrence Woodman-Excused Absence. Members Absent: Evan Frazier, Eric Knable, Terry Woodman Staff Present: Emily Schmitz, Community Development Director; Samantha Pierret, Senior Planner; Kelly Becker, Associate Planner; Paul Sponholz, City Engineer; Crystal Raleigh, Assistant City Engineer; Justin Olsen, City Council Liaison. 3. APPROVAL OF AGENDA Stechmann made a motion to approve the agenda. Fisher seconded. The motion was approved unanimously (4-to-0 vote). 4. OPEN FORUM Brittain opened the Open Forum and asked if anyone wished to address the Planning Commission on any non -agenda item. No one spoke. Brittain closed the Open Forum. 5. CHAIR’S EXPLANATION OF THE PUBLIC HEARING PROCESS Brittain explained the purpose of the Planning Commission, which serves in an advisory capacity to the City Council, and that the City Council makes all final decisions. In addition, he explained the process of conducting a public hearing and requested th at any person wishing to speak should go to the podium and state their full name and address for the public record. 6. PUBLIC HEARINGS AND APPLICATIONS A. 7430 80th Street Cannabis Retail Sales - CUP/V2025-032 Venus Creations LLC has applied for a Conditional Use Permit to engage in cannabis retail sales and a Variance to be less than 1,000 feet from another cannabis or lower potency hemp edible retail establishment. Pierret summarized the staff report and recommended denial based on the findings of fact stipulated in the staff report. Brittain asked if there were any questions for staff. Fisher asked what is the actual distance between this shop and the MoonSoon Tobacco shop, because I see that it’s less than 1,000 feet, but what is the actual distance? Did that get measured? Pierret replied on the map shown on the screen, it is Planning Commission Minutes - Regular Meeting December 15, 2025 Page 2 of 10 approximately 930 feet to that property line. Fisher said my second question is it has to be more than 500 feet from an attra ction within a public park that is regularly used by minors; so, I’d like to know how you decide what is an attraction, first of al l, and secondly, how you determine if it’s one that’s used by minors or not, because that’s a dis c golf course, too. I just thought it was odd that the hammock post was called out as an attraction that minors use. Pierret replied that in our City Code it d oes specify certain things, such as public park, restrooms, pavilions, picnic shelters, and also dis c golf nets are also included that we measure from. In this case, when we’re thinking about that hammock area, this was at staff’s discretion where the hammock area would be a place where children or minors could congregate at times, and it would be what th e ordinance was kind of meant to buffer us from. Brittan asked if the applicant had anything they’d like to add, and said please state your name and address for the record. Matt Leisen, 17870 Jaguar Circle, Lakeville, MN, 55044, said I’m appearing on behalf of Venus Creations LLC for the owner, Ms. Rebecca Hildalgo, who cannot be here tonight. I just want to read a statement that was prepared on her behalf: “Venus Creations LLC seeks a Conditional Use Permit and Variance to operate a cannabis retail store at 7430 80th Street South, Suite 105, within an existing multi-tenant retail building in a Mixed-Use District. The company is owned by Ms. Rebecca Hidalgo, who has long aspired to responsibly operate her own retail cannabis store that is compliant, secure, and community minded. As was mentioned, in particular tonight, Ms. Hidalgo respectfully submits a Variance request to be allowed the operation of a cannabis retail dispensary here, at this location. This Variance is necessary because City Code requires a minimum separation of 1,000 feet between cannabis and lower-potency hemp edible uses, measured from storefront to property line. The proposed location of Ms. Hidalgo’s store is approximately 930 feet from the nearest store line of the closest low-potency hemp retailer. The Variance is consistent with the City of Cottage Grove’s 2040 Comprehensive Plan for the future use of Mixed -Use Districts, which at the time of its adoption, cannabis use and legalization was not yet being considered. In this case, cannabis retail aligns with the vision of Mixed-Use intended to allow complementary uses to support economic development goals. Furthermore, the proposal complies with all other distance requirements, such as being 500+ feet from any parks or daycares, etc. Granting the Variance will also not harm public welfare or adjacent properties. The applicant must obtain local licensure and pass a comprehensive State inspection, ensuring compliance with stringent security measures, including 24/7 surveillance, alarms, an d restricted access volts. Lastly, the Variance will not impair air or light to adjacent properties nor will the increased traffic congestion require risk or endanger public safety. So, in summary, the requested Variance is consistent with the City’s Comprehensive Plan, it allows reasonable use of the property, and it will not harm public welfare or adjacent properties. For these reasons, Venus Creations respectfully requests that the approval of the Variance be granted and the Conditional Use Permit also be granted. Thank you for your time.” Brittain asked if there were any questions for the applicant, none were asked. Brittain said thank you, sir. Brittain opened the Public Hearing. No one spoke. Brittain closed the Public Hearing. Brittain asked if there was further discussion from the commission. Stechmann said thank you, Board Chair. So, I don’t have any concern about the subject matter, that this is a store that would sell recreational use marijuana, but it seems to me that the proximity to the MoonSoon one could be problematic, and that’s why we have these rules in place. I note that MoonSoon achieved approval just weeks before this one came before us, so it’s almos t a race to the City Hall, but the fact is that MoonSoon did come here first and did get the a pproval first. So, at this point, I would say that I’m inclined to not approve or not recommend an approval of this request. Fisher said I have maybe a clarification question. So, when you’re measuring, you said something about storefront to property line vs. storefront to storefront. So, when you’re measuring the distance from this potential establishment to MoonSoon, you’re going from property line to property line? Did I understand that right? Sorry, I’m getting confused. Pierret replied no, that’s okay, Commissioner Fisher, Mr. Chair. So, we are measuring from the opposed storefront; on the map in front of you, it would be approximately where that green dot is to the property line of the MoonSoon Tobacco store; so, their property line ends at the line where the blue circle is. So, that’s where we’re measuring that distance from. Fisher said okay, and 70 feet is really w hat we’re missing here. So, theoretically speaking, if they were to get a suite maybe down at like where Tom Moy’s used to be, they potentially could have this granted. Or if they had, in that area, they would need a Variance. Pierret replied running the calculations, getting closer, down towards where Tom Moy used to be, actually gets them about too close to the hammock area. Planning Commission Minutes - Regular Meeting December 15, 2025 Page 3 of 10 Fisher said I forgot about those. Okay, gotcha. I agree with Commissioner Stechmann, you know we have these rules in place fo r a reason; I feel this one may be splitting hairs a little bit, but ultimately following the guidelines that we’ve set forth m akes the most sense to me. So, thank you. Brittain said okay, I’ll add that I know this is relatively new for the community and for a lot of communities, and I would agree with Commissioner Stechmann and Fisher’s comments. My concern would be we don’t have enough data to try and determine whether 70 feet is close enough, 80 feet is close enough. So, until we have more experience to determine what kind of challenges these businesses may or may not have, you know I would err on the side of following the letter of our rules, which is 1,000 f eet; and, you know, maybe sometime in the fu ture that distance may change, but for now, I would recommend and support denial based on the findings of fact. Brittain asked if there was any further discussion, there was not. He said seeing none, I’ll look for a motion. Stechmann made a motion to deny the Variance and Conditional Use Permit, as outlined in the application materials. Fisher seconded. The motion was approved unanimously (4-to-0 vote). Brittain noted that item will on the January 21 meeting of the City Council. B. Van Meter Expansion - SP/V2025-031 Van Meter Inc. has applied for a Site Plan Review for additions onto their existing building at 7450 95th Street South. The additions are comprised of two expansion areas: Expansion B is approximately 86,720 square feet to be used for receiving, warehousing, and will-call operations. Expansion A is approximately 38,220 square feet to be used for warehousing. The applicant has also applied for a Variance to allow Expansion A to expand into the required 100 -foot property line setback from the residential-zoned property to the north. C. Van Meter Exterior Storage - CUP2025-032 Van Meter Inc. has applied for a Conditional Use Permit to allow for the exterior storage of materials within a 10,000 square foot enclosed with 8- to 10-foot tall vinyl fencing. Becker summarized the staff report and recommended approval subject to the conditions stipulated in this staff report. Brittain asked if there were any questions for staff. Bhat asked so the parking space requirement, is it for the general public or is it just a total number, and it could be divid ed any way the applicant wants? Could those be additional parking spots from several users? Becker replied yes, Commissioner Bhat, that is based on the total warehouse square footage, so for warehouse needs. Bhat asked so, there’s no requirement, per se, that need to be opened up for the public or general use? Becker replied yes. Brittain asked if there was anything the applicant wanted to add, they declined. Brittain opened the Public Hearing for the Site Plan Review and Variance for the expansion at their existing location. No one spoke. Brittain closed the Public Hearing. Brittain asked if there was further discussion from the commission. Fisher said I think that the Variance should be granted on this one, just considering that it makes sense and it falls in lin e with the existing building and because our setbacks have changed over the years. It makes sense that this Variance should be gran ted, so that’s all I really have to say. It seems like Van Meter is growing and growing and growing, and I think that’s awesome for o ur community to have such a business that’s growing and needing more space, again. So, that’s my thought. Stechmann said I wish I would’ve gone first because that’s exactly what I would have said. I’m grateful and I’m inclined to s ay yes, also. Bhat said I have a question for the applicant. Brittain replied certainly, would the applicant please approach the podium and state their name and address for the record. Good Evening, my name is Nate Jensema, I’m the C.O.O. at Van Meter, my personal address if you’re looking for that, 470 Wilder Drive, Cedar Rapids, Iowa. Bhat said so my question is regarding the requirement Planning Commission Minutes - Regular Meeting December 15, 2025 Page 4 of 10 for this additional outdoor warehousing. Since we have already these new buildings coming up in this other location, what dri ves you for this additional outdoor warehousing? Jensema replied good question, commissioner. So, the permit for the additional space, the outside storage that your question is about, the request for that is really a result of the fact that we are going to be operating at our existing facility, fully supporting our customers, while expanding. And, so, that’s going to take up the out side storage at our existing facility as trucks are coming in and out. So, we aren’t going to have the ability to store our outsid e material at our existing facility while the construction is going on. So, we’re asking for the ability to store outside materi al at our leased space, at our Wire Center today, while the construction is going on, and then eventually, we will move all of our operations back to 95th Street once the construction is complete. Bhat said thank you. Brittain said okay, just to clarify, that particular outdoor storage space is Portion B, and right now, we’re talking about P ortion A, so it’s okay. Just as we look for a motion and take a vote, we are voting on A, which is the Site Plan Review and the Var iance for the building setback. Brittain said and I will agree with comments from Commissioners Fisher and Stechmann that the continuity of the building, to extend that in an area that they are and what they’re requesting a Variance for makes total sense. We haven’t seen any negati ve impacts from the building being any closer to that side setback so far. So, having it linearly continue in the same way, I see n o negative impact, plus it’s a non-buildable area out in that direction anyway, so I really see no concerns with that at all. Fisher made a motion to approve the Site Plan Review and Variance at 7450 95th Street South, based on the findings of fact and subject to the conditions stipulated in the staff report. Stechmann seconded. The motion was approved unanimously (4- to-0 vote). Brittain opened the Public Hearing for the exterior storage Conditional Use Permit. No one spoke. Brittain closed the Public Hearing. Brittain asked if there was any further discussion. Fisher said I will just say one thing. We’ve had other CUPs for storage on that property, so this seems pretty straightforwar d, that we would allow this one as well. Brittain said thank you, I would agree. We already have outdoor storage in that area, this is an Industrial base, its not adj acent to any other residential use. So, I also agree that the Conditional Use Permit would be acceptable in this case. Bhat made a motion to approve the Conditional Use Permit to allow exterior storage at 7601 100th Street South, subject to the conditions stipulated in the staff report. Fisher seconded. The motion was approved unanimously (4-to-0 vote). Brittain said that will be on the January 21, 2026 City Council Agenda. D. Yellow Tree Apartments – PUD/SP/PP2025-030 Yellow Tree Development has applied for a Site Plan Review and Planned Unit Development (PUD) for a proposed 186-unit, market-rate apartment building to be located on East Point Douglas Road. A Preliminary Plat application has also been submitted for Everwood 6th Addition. Pierret summarized the staff report and recommended approval subject to the conditions stipulated in this staff report. Brittain asked if commissioner had questions for staff. Stechmann said thank you, I appreciate the presentation. I do have some curiosity about some aspects of it that I’d like to c onvey, and maybe you can help enlighten me a little bit. First of all, with respect to the Planned Unit Development (PUD) aspect of this, so I think I heard you say that is being considered in this case because of the unique topography or the location of this app lication. So, my first question is, is it commonplace these days for the City of Cottage Grove to grant PUDs, something alon g these lines? Pierret replied Commissioner Stechmann, Mr. Chair, so I would say a PUD is intended to be rarely used, similar to like a Vari ance situation where we’ve kind of spoken about Variances. It’s a unique situation, unique to each property, and thi s PUD is used where they can meet our Code and meet the intent and the goals of the City and of the Council just with a little bit of give and take in some areas. Stechmann said and to continue along those lines, is the necessity born out of the size of th e proposed project, or is there some other aspect? Is it the topography or is it a combination of both or something else that I haven’t Planning Commission Minutes - Regular Meeting December 15, 2025 Page 5 of 10 mentioned so far? Pierret replied Commissioner Stechmann, that’s a good question. So, what I will say is there have been several other developers who have looked at this site in the past; as I mentioned, it was platted in 2007; these developers could not make the numbers pencil out when we were talking about where that conservation easement is, the trail easement, and existing topography on site. Then, just the sheer costs of when we have a restricted buildable area like this, there’s not room for ex terior parking, so we’re having to do the covered parking, which is an additional expense of course. So, I would say this particular parcel has been looked at several times, and it is definitely a unique one that this developer has found a way to meet most of our Codes and Ordinances. Stechmann said okay. If it wasn’t being used for a family or a multiunit type of property, would it be suitab le for a different type of use that would not require a PUD? Pierret replied good question. If a developer were to come in and request anything that’s also permitted in the Mixed-Use District, so we’re talking retail or other sorts of commercial ventures, of course they would be more than welcome to do that, and if they can do that without a PUD, that would be great. However, w hen I look at this property just as a planner and everything, I don’t see how anybody would be able to avoid the PUD in this case, just given the status of the site. Stechmann said following up a little bit more, if you don’t mind? Brittain asked do your follow -up questions have to do with something that’s appropriate to the Ordinances, or is it specific to the PUD? Stechmann replied it’s the PUD. Brittain said o kay, just if you could focus on what would be a condition of approval or denial, not necessarily the t ools the staff is using to accomplish the application. Stechmann said okay, all right. Well, I guess there’s this question, and I know that there was consideration or thinking abou t the vehicular traffic, but was there something that was along the pedestrian traffic? Is that an appropriate question, Mr. Chair? Brittain replied yes. Pierret replied so regarding the pedestrian traffic, I am going to bring up our Assistant City Engineer , Crystal Raleigh. She has provided me with all of this wonderful information that I talked about. Raleigh said Good Evening, Commissioner Stechmann, the pedestrians were considered in the application here. The characteristics of Hardwood Avenue through this area are very challenging as it related to pedestrian crossings. I’m going to take you back to this drawing; these curves that are currently on Hardwood Avenue do not provide adequate sight distance or safe pedestrian crossings, so we struggle with having our pedestrians cross at those locations. We did construct a traffic signal at Hardwood and Hardwood, down on the southeast corner of this image, and with that intersection, we have really safe pedestrian crossings. Now, according to Minnesota Statute, pedestrians can cross at any intersection, and so while pedestrians could cross Hardwood, we do not want to mark that as a pedestrian crossing due to the safety concerns that we have as staff. We don’t want to provide pedestrians with a false sense of security in those other crossing locations; so, we would like to promote crossing at that safer location with the traffic sig nal. Does that answer your questions? Stechmann replied it does, but it does also prompt another one. So, for example, if somebody were living at the proposed development and wanted to visit the Sushi Café, for example, under this particular proposal, they woul d have to kind of trek all the way down to the Ha rdwood Court crossover there, then come back up and head that way. I’m just wondering is there any other way to mitigate that? I don't know if there would be some kind of a little additional way to hav e them cross over into the parking lot, just south of the building of Kohl’s, or if there would be something else that could be done? Raleigh replied Commissioner Stechmann, Mr. Chair, when The Legends apartment building went in, there was consideration made for a sidewalk connection onto the Kohl’s parking lot from East Point Douglas Road, and Kohl’s was not excited about tha t proposal, and also, there’s a really steep hill there. It’s hard to see on a flat image here, but there’s not a way to make that ADA accessible with a sidewalk piece between East Point Douglas and Kohl’s. Another issue is we would have to cross people from the north side of East Point Douglas to the south side, and at that curve, again the sight distance isn’t great. So, that’s another reason we wouldn’t want to cross folks right there. Stechmann said thank you. Fisher said I want to continue on with Commissioner Stechmann’s question. So, this particular intersection has given me pause in the past. I’m wondering, as you talk about the traffic study and the additional trips, which is more than doubling the tri ps per day going down into this area. What is the threshold for having some sort of signal there, and how close are we to that thres hold? Because my office is in this area, I am on this road all the time, and people are nuts; no offense, but people go fast arou nd those curves. It’s just not a great road to travel on, and I’m just curious what the threshold is and how close we are to it becaus e we’ve got to be close to it for that particular intersection. Raleigh replied Commissioner Fisher, Mr. Chair, I don’t have those exact numbers about how close we are. I know in that previous traffic study, we were talking about 5,000 -6,000 vehicles per day as what East Point Douglas can handle. A traffic study at the intersection is what would be needed to verify if those i ntersection controls are correct. The studies that have been done so far show that with the amount of traffic on Hardwood Avenue, it wouldn’t be reasonable to stop Hardwood traffic, and the relatively small amount of traffic that we’re adding with this development wouldn’t be enough to warrant additional traffic controls at that intersection. Yes, there will be additional queuin g, you will have to wait a little bit longer to take a left out of there, but that intersection isn’t warranted for controls at this point. Fisher said okay, I was just curious. Raleigh said and we do traffic counts continually, annually, so if things change in the future, perhaps the City will need to reconsider, but at this point, we don’t anticipate any changes at that intersection . Fisher said I will Planning Commission Minutes - Regular Meeting December 15, 2025 Page 6 of 10 say I do appreciate the new stoplight because taking a left off of Hardwood Court was sometimes impossible. So, I do apprecia te that, but maybe there’ll be another one in the future, maybe I’ll get a light there someday, I don't know. Thank you very muc h. Bhat said so my question goes to one of the stipulations that you have, which is a requirement to hold that neighborhood meeting. So, my question is why haven’t we done that already? Pierret said Commissioner Bhat, that is a very good question. S o, we have required that the applicant hold that neighborhood meeting. When they first applied, the timeline was really tight, and we are actually, this meeting we’re having tonight is actually a week earlier than our traditional Planning Commission meetin g. So, the timeline was tight and the applicant has reached out to staff at The Legends to hold that meeting; it’s also a matter of getting hold of them and figuring out a date and time that will work for everyone who lives at The Legends. Bhat said so, my follow up then is if, after that meeting, would it come back with some modifications, and do we need to consider this application again? Pierret replied so, it would not come back unless something came out of that that drastically changed the Site Plan in some way from what you’re considering tonight. Any comments or concerns should be able to be added to the report for the City Council, and they would take that into consideration when they make the final decision. Bhat said okay, my last question. So, did it in any way hinder the participation of public for this meeting here? I mean, did the people at The Legends knew th at it was being considered at the meeting today and they had ample opportunity to voice any concerns that they had prior to the neighborhood meeting? Pierret replied so, Commissioner Bhat, we did send out the Public Notice; obviously, that does not go to everyone who lives at The Legends. I’m not sure what their process is for sending out Public Notices, the notice was actually sent out two times because we were going to consider this at your November meeting. Then I did actually have a phone call with a resident at The Legends last Friday, and in the duration of our conversation I let her know what we were considering tonight, too, and that she could come and bring all her friends with her to make their comments heard; but there would also be a meeting at The Legends that they would be able to participate in, and she sounded like she was looking forward to that meeting on sit e. Bhat said okay, thank you. Fisher said I just, I guess wanted to underline that we as Planning Commissioners have questions that we ask to make sure that we understand the proposal in front of us, and I would just really like to make sure that Commissioner Stechmann’s questions were all answered when he was stopped before. I think it’s important that we all get our questions an swered appropriately. Stechmann said thank you, and thank you for your concern. My questions I think are answered. I have some hesitations that I’l l explain in my appropriate comments section, but for now, I have no further questions. So, thank you. Brittain asked does the applicant have anything they’d like to add; please state your name and address for the public record. Good Evening, Members of the Commission, I’m Robb Lubenow with Yellow Tree development at 1834 East 38th Street in Minneapolis. I’m also joined by Patrick Sarver with Civil Site Group, so he handled a lot of the concerns and complexities of the site, we’re basically building in the side of a hill. It is truly the most difficult project I’ve worked on in my career, without question. I think we’re on eight iterations of how we could manage a lot of the complexities on the site, Sam did a great job explainin g those. I’m open to answering any questions, I think it kind of comes down to the three concerns: The site, parking, and cladding, the way I see it. I’ll answer your questions, but quickly, the site: If this was across the street or on any flat lot, we’d be under 50 feet. So, just on the side of a hill, the back of our building, its a four -story building, and we’re exposed where the parking levels are, so, I’m willing to go more in depth on that. The same with parking, we are very comfortable with par king requirements, we have other operating buildings, we manage our own buildings; it is actually in excess of what I think we actually need, but I ’m comfortable and really, as you can see, we’re over almost our entire amount of parking, which is not typic al for any type of development outside of the urban core. Last, the cladding, that is very difficult. I know we’re working on how we’d like this building to look. You do have your cladding requirements that we respect, and I do think this is a good compromise of what is esthetically pleasing and very quality materials. So, our concealed fastener metal panel that looks like the real wood is more durable than wood. We stand behind those products, and I think it does provide a great visual interest for the bui lding that otherwise we don’t want to look at a, no offense, but a glass and brick building from like the 1970s; we’re adding undulation s on the exterior and also working with the cladding materials. So, I’m happy to answer any more questions and if there are Civil questions, Patrick is here as well. Brittain said okay, are there questions for the applicant? Fisher said so just talking about the materials and kind of using certain materials on certain sides, is that also a signific ant cost savings, or are you just strictly choosing those materials because you feel that they perform better ? Lubenow replied both, there certainly is both, there are immense cost impacts to your required materials. So, in a typical building like this, what we ha ve in our general parameters for this type of in -hill development, we’re about $1 million over budget just on the cladding materials. So, with that being said, there’s, we’re not having vinyl siding, we’re not having a cheap wood product, or even I think the Planning Commission Minutes - Regular Meeting December 15, 2025 Page 7 of 10 concrete board is our cheapest material. But that wood like and metal siding is certainly cheaper than brick. There are also concerns about how high you go with brick and the relief angles and everything else that come into play, so yes. Fisher said gotcha, I was just looking for the actual like percentage. I think it was like just a few percentage points less, so okay, thank yo u very much. Brittain said just out of curiosity, we haven’t had an apartment building with a double level underground parking . How do you get to each of those levels from outside? Lubenow replied in this case, we’re handling it by an interior ramp. So, you’ll acc ess the rear of the building where some more retaining walls and that public pathway goes. Then you’ll have the option to veer off on Level 1 or stay on your current level and ramp up to the second level. So, at first glance, we did not think a two -level parking, precast, would be the most cost effective, but it turned out to be. We are building into stone and that stone is self supporting, so we’re not required to have shoring there, so that kind of works with us in this case; we have to get rid of it, we have to get rid of the stone, but we also don’t have to put in shoring, so that helps. Brittain said okay, thank you. Bhat said I’m just following up on the parking question. So, my initial understanding was that both levels were underground, but are they? Lubenow replied it would be on a typical lot. They would be, they are the type of parking that’s typically subterranean parking, but on the back of our building and most of the sides, it is underground; but as the lot falls off at a very steep a ngle, the front of the building its exposed. So, that’s one of the difficulties we’ve been working with is building into that hill and taking that triangle out, and then we can’t go down another 20 feet into more bedrock, and then the units on the back of our building wou ld be on the side of a hill. So, we’d lose all the back of the units on a double corridor. So, that’s not practi cal. Bhat said okay, so when you enter the parking lot, you would be below level, and then you would have the option to go up? Lubenow replied yep, that’s correct. Bhat said okay, thank you. Fisher said so, you’ll be taking some rock out, obviously; you’ll be blasting, I would assume? Lubenow confirmed that. Fisher asked are there considerations for neighbors, how does? I mean, we don’t hear of blasting often here, so what does that all entail and what does that look like? Lubenow replied I agree all types of construction is very intrusive, that is certainly intrusiv e. We had one contractor reach out to us as to what is allowed in the City for blasting. That is one option, we don’t know if it’s the most cost effective, it’s a light sandstone. So, most likely most of it can be removed by just a small -toothed bucket, chipping away at it. That is our preferred method, but there might be areas where the type of rock changes slightly that there’d be the need f or some blasting. Fisher asked does the City require a specific permit or anything like that to blast bedrock? Raleigh repl ied Commissioner Fisher, Mr. Chair, we do have a process for blasting permits. It’s not necessarily a permit, but there’s a very close back and forth with the Engineering Department. There are a lot of requirements for monitoring around the site when blasting is required. They have to put together a very detailed Blasting Plan, we do televise utilities that are underground bef ore blasting and after blasting to ensure there are no impacts to the existing utilities on site. All those things are covered in that Bla sting Plan that gets submitted to us for review. Once that’s approved, we can move forward with it. Fisher said thank you. Lubenow said and one note, in a brief conversation with the contractor, they said it is similar, if not less intrusive, than pounding pile s because at least that energy can go upward with the stone. So, it’s probably pretty similar, I’m not sure if Ro hrs is putting any shoring in, but there’s certainly impacts to pounding piles for shoring as well. Brittain asked if there were any additional questions for the applicant, none were asked. Brittain opened the Public Hearing. No one spoke. Brittain closed the Public Hearing. Brittain asked if there was any further discussion. Stechmann said okay, I’ve read this portion of the packet a couple times, and I’ve tried to do my best to come to terms with what is being asked and my response. As a member of the Planning Commission, I do have some concerns. So, for example, about the traffic, so I know that in an ideal world, we would encourage the pedestrians to go the appropriate route all the way down to the signal crossing area, and then cross back and make their way back up to Sushi Café or any of those other restaurants that are up that way. As being a former prosecutor for 15 years, I know that is often an unrelated breach, and most people would simply disregard the safe ways to cross the streets. If we add 186 units in this area, which is market rate, so it’s not like design ed for senior living or other places, there will be youngsters, people who are no t fully appreciating the safety concerns that they would have. Instead, they would want to cross across Hardwood Avenue, especially with respect to that intersection with East Point Douglas Road. For me, if a person is crossing over that, perhaps at night, and certainly without the benefit of a crosswalk o r flashing lights or any other thing to help indicate to vehicular traffic that there may be pedestrians in this road crossing five lanes, it seems to me that that is a risk worth considering. I did not see sufficient mitigation in terms of that part. I understand that other things can be done, but at least at this point in time, I do have concerns about the pedestrian traffic in thi s area. I know Planning Commission Minutes - Regular Meeting December 15, 2025 Page 8 of 10 that vehicular traffic is expected to about double, it’s not going to reach the capacity for this type of street, but if additional developments come down the road, then it will be; so, then there will be a need for additional types of whatever type of traf fic control to lessen the risk for pedestrians getting hurt. That’s one of my concerns that I have about this. Another one is when it comes to the Planned Unit Development; so, I understand again this is used as a tool in a unique situation, and probably both sides benefit from having these types of tools being used, and there are proper times I think for a PUD to be used. My concer n is could it be the case where this particular applicant or this particular project could find a home someplace else in the C ity of Cottage Grove that does not require a PUD. I don't know, I don't know if that’s an appropriate question for us to ask at this point in time, but it is something that has weighed on my mind again as a volunteer member of this Planning Commission. I a lso wonder like would there be another use for this real estate, if something that was less ambitious would come along, either in size, complexity, or purpose that would not require the granting of a PUD? Now, I don't know if that is the case, I don't know if it’s been studied in the past, and there have been multiple applicants in the past, and for whatever reason, if the numbers didn’t work, that’s fine. But I’m just wondering if maybe some body moving forward would then find a workable solution for this r eal estate, for it to be developed and be a productive part of our community, with respect to its character and also to the safety concerns that I’ve raised earlier today. Finally, I would like to say that I sincerely do appreciate the enormous amount of t ime and energy that has been placed into the multiple iterations of this proposal. I understand it was the most diff icult one that was undertaken ever or in your career or what have you. I get that, and I do welcome the idea of having additional housing come t o Cottage Grove. There is a surplus of 3-bedrooms, I get that, and a deficit of smaller units, 2-bedroom and 1-bedroom or a studio; maybe that could be mitigated by finding another location or reducing the size or what have you, but at this point in time, I ’m thinking that this one might not be the appropriate use for this particular location. Fisher said I’m going to chime in. I appreciate Commissioner Stechmann’s thought process. One thing I’ll weigh in is I mean t his is a willing buyer, willing seller situation, though when you have a piece of real estate for sale, or somebody wants to sell it, and we have a willing buyer, who wants to buy it and wants to put something in that. We’ve had multiple studies with population and our housing needs in the community, and this is something that would help serve some of those needs. A PUD is not a scary thing. It’s not something that’s rare or that’s something we don’t see very often, and maybe I’ve just been here too long bec ause I’ve seen several. So it’s not something that I think needs to be shied away from or needs to be avoided in lieu of some othe r use, right? So, I think ultimately it boils down to there’s a willing seller that is ready to sell this parcel and a willing buyer , ready to develop it and to meet some needs of our community. So, that being said, I don't know if it’s our job or our, I d on't know what the word is, to find a better spot for this particular building or for this particular parcel to develop into something diffe rent. I do agree with you about the traffic concerns and pedestrian concerns at that corner , and like I was saying before, I’ve griped about that corner before with other applications, too. So, I appreciate your comments, I will just underline we have a willing buye r and a willing seller and that PUD is a really useful way to use unique parcels. Bhat said my concern is with regard to having, I don't know if we have allowed for enough public participation because this was not discussed with or considered with the Immediate neighborhood. So, if we had done that, perhaps regarding concerns regarding traffic, either neighborhood traffic or even foot traffic, would have come up more strongly. I don't know, maybe not that strongly. So, that’s one of my concerns, what we have here, I’m not sure if we had, if there has been enough advertiseme nt so that we considered all options or all opinions. That’s my concern. Brittain said Director Schmitz. Schmitz said Mr. Chair, Members of the Commission, I’ll just add a couple additional thoughts onto your thoughts: 1. I’ll indicate we always send a Public Hearing notice to all residents within 500 feet of an application. So, Commissioner Bhat, to your concern that the neighborhood has not been informed, they absolutely have, and that’s the Public Hearing held this evening to give them an opportunity. The neighborhood meeting is an addition to that notice of this application, obviously, to hear any concerns with that. So, with any application, we’re sending that notice out to those within 500 feet. 2. And then I’ll add maybe just a little bit of history on a Planned Unit Development. In the past, yes, we had seen quite a few Planned Unit Developments. Typically, we’d see them with Single Family Residential projects, and that was well before we amended our 1974 Zoning Code which, for lack of a better way to put it, was out of date, right? It didn’t align with market trends, we were having to find ways to support development in Cottage Grove that didn’t necessarily align with our Code; it was completely out of trend, out of date, out of marketability, and to be able to support those developments. Now, when we rewrote our entire Ordinance, understanding full well that we had in the past defined quite a bit of the flexibility, we ensured that there was clarity in our Planned Unit Development Section of our Code: That if a project was to support the community as a whole, aligned with Strategic Goals of our Council and our Comprehensive Plan, and of course did not have a negative impact to the tax base of the community, by allowing for those flexibilities as a part of a project, that’s when a Planned Unit Development was an appropriate tool to use with a development, whether residential, commercial, or industrial. And, so, just an additional thoug ht Planning Commission Minutes - Regular Meeting December 15, 2025 Page 9 of 10 process as you contemplate that Planned Unit Development as a tool, yes, in unique instances, but our Code is quite clear whe n we are able to implement and when we aren’t. So, we’ve certainly evaluated that as clearly as we could with this particular project. So, I’ll just add those. Fisher said I think it’s great that you are having a community meeting at The Legends because I think a lot of those people a re older and maybe don’t like to travel later at night or in the cold. So, I appreciate you giving them the opportunity to voice their opinions, even if it’s not right here, right now. I know I have full confidence that you guys will take notes and that will b e presented with the packet to the City Council when they’re deciding what to do. So, thank you for doing that. Brittain said I just want to clarify something. So, when the community meeting happens, any responses that would be gained from the community meeting would be included in the packet for the City Council to review; is that correct? Schmitz replied M r. Chair, Members of the Commission, we’ll absolutely ensure that we will include an overview of any concerns that are raised as a part of that neighborhood meeting. Brittain said so, if there’s some type of significant thing that comes up in that communit y meeting, then it can be addressed by the City Council. Schmitz replied absolutely, Mr. Chair, the Council will be aware of those conversations. Brittain said thanks. Brittain said also, I’d like to comment on the use of the PUD is a standard tool that the City uses, if it’s not frequent. In this particular instance, we would have had some Variances and a few other things to consider if we were doing it in a very differ ent format, and from looking at the staff report, I don’t find any of the Variances that would have been requested in a more comp lex manner to be out of scope for what this project is asking for. So, even if it wasn’t a PUD, I’d support the application bas ed upon what they’re asking for and what Variances they would have needed, based on the information in the report. And with regards to the safety, there could be a single-family home on this lot with one person that’s walking down that street, and they’re going to have the same safety concerns that 168 residents are going to have. Anybody walking down that street is going to have to follow the rules or as a community, we’re going to need to make it safer. I see that as this develops, if there is a concern t hat the City can note and justify that you do have an intersection there that you could put a light. So, even if we’re not doing it now, there would be opportunities in the future, if warranted, to increase the safety. So, while I agree that there are some safet y concerns, I think that under the circumstances, this particular development or any developm ent going in there, isn’t going to make that better or worse; they are what they are from what I’m seeing. So, I would support this application and hope that as safety concerns were identified, beyond what they appear to be today, that we could mitigate those with the normal tools that we have. So, those would be my comments for the discussion. Fisher made a motion to approve the PUD, Site Plan Review, and Preliminary Plat, subject to the conditions stipulated in the staff report. Bhat seconded. The motion was approved on a 3-to-1 vote (Nay vote by Stechmann). Brittain said this item will be on the February 18, 2026 City Council agenda. 7. APPROVAL OF MINUTES A. Approval of the November 24, 2025, Planning Commission Meeting Minutes Stechmann made a motion to approve the November 24, 2025, Planning Commission Meeting Minutes. Bhat seconded. Motion passed unanimously (4-to-0 vote). 8. REPORTS A. RECAP OF DECEMBER 2025 CITY COUNCIL MEETINGS Schmitz summarized the actions taken at the December 3, 2025 City Council Meeting. Schmitz said Council Member Olsen is here to add any details and is always happy to answer questions. Council Member Olsen said hi, if you have any questions for me, I’m happy to answer those for you. I think Emily did a bang -up job of sharing what we covered in our first meeting in December. Of course, this meeting being a week early, you already got to hear about November, in November. We did pass our budget for 2026; we had a 3 -1 vote on that budget. As we went through the budget process, and we ended up passing our preliminary budget, we had unanimous consent on the budget; but when it Planning Commission Minutes - Regular Meeting December 15, 2025 Page 10 of 10 came time to actually vote for the budget at the first meeting in December, one of our Council Members was absent, unfortunately, and then we had another Council Member who didn’t feel comfortable with the budget. For those who may not be aware, the budget has to pass with a super majority, so we made that happen. It may have been easier if all five were present, similar to what you’re dealing with this evening, you have four of you here instead of seven of you. That makes things a litt le more challenging sometimes. I would like to state, for the folks watching at home, that I appreciated the vigorous debate tonight. I think it’s important to note that as Planning Commissioners, we expect that from you. Your job is to really inform the City Council as to your thoughts and concerns or approvals or whatever the case might be , for some of the projects that we then have to go on to consider. When you have the vigorous debate like you did tonight, it certainly plants the seed for some additional thou ghts and questions that we may come to pass when it lands on our table. So, don’t stop doing that. I don’t ever want anybody on the Planning Commission, and you’re going to be stuck with me next year, too, unfortunately, provided that passes, but I don’t ev er want anybody on the Planning Commission or any commission to think that they are being pigeonholed or pushed into a corner and you don’t have options. I want you to vote your conscience every time. And, yes, there are rules and purview to what each of you do, depending on which commission you’re on, but again, when it comes to the City Council, we read, believe it or not, the entire packet when we get it, and your commentary carries a lot of weight. What you do matters, so never lose sight of th at. Do you have any questions for me this evening? None were asked. Well, then let me be the second person at this desk to wish you all a very Happy Holiday season. I know that it’s a challenging time for people, so don’t forget to do your part to make everybody else’s life a little easier, if you get a chance. It is the season of giving, and I would encourage everybody to give what they can when they can. Maybe lift up a neighbor who’s having a tough time, or think about somebody even within your own family, who maybe is struggling. It’s a rough time of year for some people, so count your blessings and share them if you get the opportunity would be my advice. And with that, Mr. Chair, I’ll turn it back to you. Brittain said thank you, Council Member Olsen. B. RESPONSE TO PLANNING COMMISSION INQUIRIES - None. C. PLANNING COMMISSION REQUESTS - None. 9. ADJOURNMENT Fisher made a motion to adjourn the meeting. Bhat seconded. Motion passed unanimously (4-to-0 vote). The meeting was adjourned at 8:30 p.m. 1 City Council Action Request 7.D. Meeting Date 3/4/2026 Department Convention and Visitors Bureau Agenda Category Action Item Title Convention and Visitors Bureau Meeting Minutes (2025-11-25) Staff Recommendation Approve Convention and Visitors Bureau Meeting Minutes (2025- 11-25) Budget Implication N/A Attachments 1. 11-25-2025 CVB Meeting Minutes COTTAGE GROVE CONVENTION AND VISITORS BUREAU November 25, 2025 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MINNESOTA 55016 COUNCIL CHAMBER - 7:30 A.M. 1. CALL TO ORDER The meeting was called to order at 7:30 a.m. by Chair Laurie Levine. 2. PLEDGE OF ALLEGIANCE Chair Levine asked everyone to please stand for the Pledge of Allegiance. 3. ROLL CALL Chair Levine asked Alexa Anderson, Communications Specialist, to please do the roll. Members Present: Sarah Grecula, Director Michael Haatvedt, Director Laurie Levine, Director Erik Olson, Director Chris Reese, Director (Arrived after Item 5) Members Absent: Tony Khambata, Director Justin Olsen, Chairman Staff Present: Jennifer Levitt, City Administrator Jaime Mann, Assistant to the City Administrator Alexa Anderson, Communications Specialist Phil Jents, Communications Manager Molly Pietruszewski, Recreation Services Manager Courtney Pirsig, Communications Specialist/Graphic Designer Others Present: None. 4. ADOPTION OF THE AGENDA Director Haatvedt made a motion to Adopt the Agenda; second by Director Olson. Motion carried: 4-0. 5. APPROVAL OF MINUTES A. Approval of August 26, 2025 CGCVB Meeting Minutes Director Haatvedt made a motion to approve the August 26, 2025 CGCVB Meeting Minutes; second by Director Grecula. Motion carried: 4-0. 6. PRESENTATIONS A. Holiday Events in Cottage Grove Good Morning, Everyone, my name is Molly Pietruszewski, I am the Recreation Services Manager for the City of Cottage Grove. I have the honor of sharing with you our upcoming Holiday events as a City entity that we are hosting, as well as some other organizations around town that are helping. I have a really cool job, I get to help out and work a lot of these groups and on the event committees to bring this up in Cottage Grove: Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 2 of 9 • Hale to the Bird 5K Race: This will be held at Hamlet Park this Thursday, Thanksgiving Day, and the race begins at 9:00 a.m. I do believe the online registration has closed, but they do take onsite registration on Thursday morning. Those who are already registered are able to pick up their race shirt and bibs on Wednesday night, at Hamlet Park. This is our 15th Anniversary of supporting the Hale to the Bird race, which then donates money to the Holiday Train, and then that money goes back to the Friends in Need Food Shelf. So, this is a huge part of our goal for the Holiday Train Committee supporting the food shelf. I talked with organizers yesterday, and they’re on track for about 600 people signed up for this Thursday at Hamlet. So, we’d love to see more people come on out and support this great cause. • Holiday Lights Home Tour: We opened early this year and the lights map is on the City’s website, it opened November 12. So, if you are planning a big display, have one, or know your neighbor’s address, you can go onto the City’s website and feel free to add that address on there. It does create a live, interactive map so that you can go out with your family at night. As we were talking earlier, you might have to make two nights out of it, as it sounds like there’s already 25 houses signed up. So, it’s a great opportunity to get out this winter, as it sounds like it’s coming tonight, and find something free to do in Cottage Grove for great family traditions to start. • Hometown Holiday: Is scheduled for next Thursday. It sounds like we’re going to have snow on the ground, hopefully, for that; in previous years, it’s still been a little green out there. The event is held next Thursday, here at City Hall, from 5:00 to 7:00 p.m. It’s a great, free family event. Everything’s lit outside, aa great trail full of roads to walk on, Santa & Mrs. Claus will be here on the big chair or for photos. We do offer wagon rides from the HERO Center and the Washington County Service building, up to the driveway here at City Hall. Live reindeer, games and activities for kids, and food trucks will be out there selling food. There is even a warming tent to eat in, and the Park High School Choir will be walking around, performing inside and outside. Typically, this is a great family event: We’ve got the bonfire pits going, free cider and cookies, and we invite all of the community to come out and kind of start your holiday season next week with us. • River Oaks Santa Brunch: Is scheduled for December 21, 9:00 a.m. to 12:00 p.m. I checked in with Denny, down at River Oaks, and reservations are about 70% full; so, you do have to call to make that reservation, we encourage people to do that sooner rather than later if this is something you want to get on your calendar. Once the spots are full, there’s no opportunity to add more. It’s a great chance to do photos with Santa, sleigh rides around the golf course, and then enjoy what they’re calling a North Pole breakfast right in the banquet room at River Oaks. It’s another great family tradition, I know a lot of families have done this for years. So, again, I encourage people to make reservations as soon as possible; even if you have to leave a message over the holiday week this week, be sure to do that, as they do keep track and will get you signed up in order. • CPKC Holiday Train: This is kind of the big culmination and something I work on is the CPKC Holiday Train coming to town. We were fortunate enough to get a Saturday trip this year, so it’s Saturday, December 13. Our goal this year is to raise $125,000 for the Friends in Need Food Shelf, and we are well on track to make that goal happen. The road closes at 3:00 p.m., and wagons start at 3:30 p.m. So, as of 3:30 p.m., the site will be live and open. There are a couple of activities, food trucks, there’s a REMAX warming tent and the REMAX hot air balloon is there. The train arrives at 5:15 p.m., and then it does take about 15 minutes for them to kind of set the stage and for the stage to open at 5:30, and then they perform a handful of songs for about a half hour. Then there’s the check presentation from CPKC, and then the train kind of closes up and they pull away. I recommend staying for the whole thing, but the train coming in and then leaving are probably two of the coolest parts you’re going to see. So, again, we encourage people to get there early; there’s the same kind of set up, we do provide wagon rides from the Park and Ride down the road. Otherwise, there will be other ends of the town: the Armory is open, and you’ll just have to walk down to the event. Our musicians this year are American Authors and Pink Beard. Some of you may know there are two trains, one goes through Canada and the other through North America, and the musicians kind of alternate out, so we’ve got some great ones this year for our event. • Get Out and Play! We just like to remind people that although recreation is sometimes focused on the summer, we encourage you to get out and play; our Parks Department and Public Works do a great job of keeping parking lots clear, keeping trails and sidewalks clear around our parks. We’re working on getting warming houses staffed and opened; the goal is, provided we have ice and snow, the day after Christmas, same thing for the skating rinks. Cross-country skiing this year, we’re hoping that the trails will be groomed down at River Oaks. Also this year, we are using our snowshoes again, out in the public; for those of you who don’t know, we use our kayak rental trailer and build the back of it, and then we rent snowshoes, and I believe those will once again be at Oakwood Park this winter. • Other Festive Happenings in Cottage Grove: -Minnesota Christmas Market 2025 at The Madison, November 29, 10:00 a.m. to 4:00 p.m.; come enjoy a Christmas Market at The Madison wedding and event venue -8th Annual Holiday Craft & Gift Market, December 6, 10:00 a.m. to 3:00 p.m., Cottage Grove Middle School, 7310 Lamar Avenue South, Homegrown brands and makers Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 3 of 9 -Cottage Grove Lions Santa Breakfast, December 7, 8:00 a.m. to 12:00 p.m., VFW Red Barn, 9260 East Point Douglas Road, South, $12 Adults, $8 Kids Molly said I believe that is all we have, and I’ll stand for any questions anyone might have about upcoming holiday events. Chair Levine said thank you, Molly. I’m part of the Holiday Train Committee, and hopefully the weather will be really nice and we’ll all be comfortable with a little bit of snow on the ground. Director Olson said Molly, I have a question. The Holiday Train created a $125,000 goal, that’s a lofty goal; for perspective, roughly, do you know last year, for 2024, what we all raised? Molly replied I do. The last couple years we’ve been over the $200,000 mark that we’ve been able to donate to the Friends in Need Food Shelf. So, we like to set an achievable goal, and our goal has been $100,000, so we upped it this year, and we are on track to make that as well. Kind of the heartwarming part of it this year, looking at it last week at our meeting, it has been a lot of personal donations this year, which we haven’t seen in years past, but a few big and just medium-sized personal donations from residents in the City kind of touched all of us last week. You know, usually there’s those big-name businesses, but lots of personal donations coming in this year, so far. Director Olson said compliments to you and your staff. That’s a nice amount of money. Molly replied thank you, and I’ll pass that along at our next meeting for sure. Director Olson said and my next question is the warming house from Park and Rec, for those hours, where would someone find that? Is that on the website, I’m guessing, since that’s Park and Rec? Molly replied yes, so, on the City of Cottage Grove website, under Recreation, and then warming houses, all of the sites are listed on there. So, traditionally, we host at eight different sites so you’re going to find one in your community or your neighborhood where you live. Weekdays, the buildings are open by 3:00 p.m., and staff starts shutting them at about 9:00 p.m.; weekends are about 11:00 a.m. to 9:00 p.m. as well. So, we have some pretty good, consistent hours, and we’re encouraging people to get out to use the trails, the sledding hills, the skating rinks, and then bop in if you need to; you can use the restrooms or warm up or use the drinking fountains. All of those are open for use. Director Olson asked free of charge? Molly replied free of charge, yep. Director Olson said thank you, Molly replied you’re welcome. Chair Levine said I’ll make one other mention, Small Business Saturday is also on November 29, so let’s make sure we’re all shopping local that day. Molly replied awesome. Thank you, everyone, happy holidays. 7. BUSINESS ITEMS A. 2025 Food Truck Festival Recap Jaime Mann, Assistant to the City Administrator, said thank you, Members of the Board. I’m here to talk about all the great things that happened this year at the Food Truck Festival that happened September 13 at Kingston Park. So, we planned on 35 food trucks, and we had 35 food trucks that registered with us. Unfortunately, we did have one that broke down on the way to the event, so we ended up having 34 trucks in the parking lot, which we think is kind of about the right size for our event moving forward. On the screen in front of you, you can see the list of food trucks that participated, they offered great food throughout the day, and there were long lines at all of them so we figured it was a success. We’re estimating, and obviously it’s not an exact science to estimate how many people attended the event because you have so many entrances and so many people coming and going, but we’re estimating between 13,000 and 15,000 people attended this year. So, we’re really happy with the turnout and heard some great feedback from our food trucks. We brought in $14,000 in revenue from food truck registrations. We also support the event with sponsorships, and on the screen you can see the list of sponsors; we had both paid and in-kind sponsors. Our goal this year was to get about $8,000 in sponsorships, and we came in at $6,500 in paid sponsorships. We also had our Marketplace for the second time this year. We had a goal of 15 vendors participating, last year we had 17 vendors in our Marketplace, and we ended up with 27 total Marketplace booths. So, we were happily surprised with the increase in Marketplace vendors this year; we heard great feedback from them as well, and we brought in about $3,000 from the Marketplace vendors. There were many other things going on at the Food Truck Festival: Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 4 of 9 • Strawberry Fest Ambassadors hosted some carnival games for us for part of the event • Bounce Houses • Beer Tent hosted by the Cottage Grove Lions Club • Live Music: Basic and Boring, and Revved Up! Came back, they were here for our first year and then came back for our third year • Discover Cottage Grove booth, where some of you helped us hand out swag and talked with a lot of people at the event It turned out to be a fantastic day, with fantastic numbers: Food Truck Festival 2025 Profit and Loss Numbers Estimated Revenue: $23,500.00 Actual Revenue: $23,744.94 Expense $20,600.00 Actual Expense: $18,804.11 Estimated Profit $ 2,900.00 Actual Profit: $ 4,940.83 Jaime said that money gets rolled back into the CVB budget to pay for additional marketing activities throughout the year. So, with that, I’ll be happy to stand for any questions. Director Haatvedt asked how many vendors do we look for, for the Marketplace vendors? I mean, how many can apply or how many can, I guess how much room do we have for that? Jaime replied we don’t have a cap on the number of vendors that we would take. We have a great big open field where we could place a bunch of Marketplace vendors, so we reach out and Becca did a great job of finding new vendors to come in this year. So, we’re always hoping people will spread the word and kind of share that we’re looking for Marketplace vendors, but we have no cap on what we could take at this point. Maybe as we get too big one year, then we might have to cap it, but. Chair Levine said I’ll add to that, this was fantastic, what we were able to achieve in one year; and we had a lot of Chamber members mentioning, oh, we should have known about this. So I think that’s really grown, it was a fantastic day. Director Olson said as I recall, weren’t the hours tweaked this year? Maybe we hedged an hour here and there for open, close? Is that true? And then how was that accepted? Jaime replied yes, we did; last year, we went until 7:00 p.m., and for vendors cleaning up, it was dark in the park without a whole bunch of lights for them to see. So, we did shorten the hours, we went back to our initial hours that we did our first year and we closed at 6:00 p.m. Open time was still the same, at 11:00 a.m., but we closed at 6:00 p.m. It seemed to be well received by vendors. The first year I heard a couple people ask if we could do longer, which is why we extended the hours, but I think once people realized it gets dark early in September, I heard no issues with closing at 6:00 p.m. this year. Director Olson said okay, fair enough. Thanks. Chair Levine asked if there were any further questions, none were asked. B. 2026 Visitor Guide Courtney Pirsig, Communications Specialist/Graphic Designer, said Good Morning, Members of the Board. I am excited to share the Visitor Guide, it is currently in its draft state, but you do have a copy in front of you. So, if you want to flip through it and kind of look at what we’ll be talking about. So, as you know, the CVB's overall mission is to promote Cottage Grove as a premier destination for travelers, weddings, and outdoor enthusiasts. We also focus on recognizing Cottage Grove as a host city for meetings, conventions, and sporting events. For the 2026 Visitor Guide, we kept the CVB's mission, as well as our findings with our strategic partner, Chandlerthinks, at the forefront when planning the content for the item. We are currently undergoing a lot of style rebrand, and Phil will talk a little bit more on that when I’m finished; but part of that rebrand consisted of solidifying our brand guidelines for Discover Cottage Grove. This ensures consistency, and it creates an identity for Discover Cottage Grove. As you can see, not a whole lot has changed. We have the same logo, we’re using a similar color palette, similar fonts, but it more so was put in place to define what the brand is, and that helped our website designer kind of follow those guidelines when she was creating the website. So, when thinking about what we were going to put in this year’s Visitor Guide, we asked ourselves what makes Cottage Grove unique? What are our strengths? Why do people come here? And, so, the guide is thoughtfully designed in a way that people will find our strengths in the beginning of the guide; we offer top attractions, I think it is on Page 3 or 4. We have sample itineraries so when people are here, they can look at that and get ideas of what to do when they’re here. We made it personal. This year it is all Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 5 of 9 our people’s faces, our places, we used photos that we took as staff, we used photos from photo contests that residents submitted, we used photos from our businesses, so that just made it a little more personal. We aren’t using stock photography, these are our places and our people. Our articles are actionable, there are ready-made itineraries for their visit, like I mentioned, a list of top attractions, and then easy to use, resourceful information. We struck down the information that they don’t need to direct them straight to the source, like the businesses’ websites, or if you need to contact them, you have a phone number, we included that. Then new this year are scannable QR codes that direct readers to booking links, business directories, blog articles, and more. With our new website, we wanted to make sure that we were directing people to relevant information. The information is we update the website daily, as with a print article, you don’t always get the most up-to-date information. So, we made sure that with the scannable QR codes, you can go direct to the time sensitive information. This year, we focused on the structure and the flow of the guide. We strategically placed top attractions and itineraries at the beginning, like I had mentioned before. We also implemented the new branding guidelines and applied the new fonts and colors, this kind of unifies the website with the Visitor Guide and all of our other marketing materials. This year we do have a longer guide as well, I believe I had it at about eight pages, so a lot more content, but we chose a paper weight that is lighter, so that cost savings actually makes up for those eight pages, so we’re spending about the same that we did last year. And I do want to mention we aren’t losing paper quality, its just a different material, and I have a sample if you guys would like to take a look later, too. The paper type chosen closely aligns with what other Visitor Bureaus are doing, too. So, part of my process when I design it is I just take 50 to 100 printed materials, usually Visitor Guides, and I just look through them and I look at them and I kind of take it all in, like a sponge, and I just was noticing that more of the Visitor Guides were more like a magazine type of material. So, the paper we chose is in between what we did last year and the previous years and like a very thin magazine material; and, I also want to mention, its easier to roll up to stick it in your purse or your pocket when you’re traveling, so that makes it more functional as well, its not as heavy. Quotes for 2026 So, the guide is full color, 24 pages, and cover. This year we have six ad placements for a total of $3,010. Quotes were submitted by two local print companies, Graphic Design, Inc. and Ideal Printers, Inc., and pricing is based on quantities of 6,000, 7,000, and 8,000. Last year, we ordered 7,000 booklets, and we have a handful of guides left until the 2026 edition, in case we have any Welcome Centers ordering boxes, or residents or businesses ordering guides. So, with that, a Recommendation is in front of you, and I would be happy to stand for any questions regarding the design or the pricing of the 2026 Visitor Guide. Chair Levine said well, Courtney, I’ll start by saying once again this is just beautiful. It’s a beautiful magazine and its so well thought out, I can’t wait to see it in real life. So, are there any questions? I’ll open it up for questions or comments. Director Grecula said I really like the personalized photography, and I have one question. I noticed you made reference to a few attractions and events that aren’t within Cottage Grove. Do we have any kind of partnership with like Afton, for example, to get featured in their guide? Courtney replied that’s an excellent question, Director Grecula. Afton Apple did purchase an ad placement; so, anywhere that you do see kind of a logo and contact information or a bold content for that business, it is an ad placement. So, they did purchase one this year, and they have been in previous editions in the past. I know in the back of the guide I have recommendations for people to kind of travel outside of Cottage Grove, but still come back to us of course, and those are not paid; but it’s more so like a recommendation, like hey, we’re only 20 minutes from the Mall of America. You could stay here and then pop over to the Mall of America, but we’re very much a commerce-based city, so that’s just like to give examples of like what they can do when they’re here. Director Grecula said that makes sense, thank you. Director Olson said I’ll make a comment. I’ve noticed and I like this, the print quotes, you obtained two quotes, they’re local. I see a Cottage Grove internet address, which I like, and also the physical printing of it looks like this is in the southeast metro, which is also I think important to know. Thanks for doing that. Courtney replied, yeah, thank you for your comments. Chair Levine said thank you, and with that, I’ll ask for a motion to approve the quote for the printing of 7,000 copies of the 2026 Visitor Guide through Graphic Design, Inc. for $6,286. Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 6 of 9 Director Haatvedt made a motion to approve the quote for the printing of 7,000 copies of the 2026 Visitor Guide through Graphic Design, Inc. for $6,286; second by Director Olson. Motion carried: 5-0. C. CVB Website Redesign Update Good Morning, Members of the Board, my name is Phil Jents, Communications Manager. I’m happy to stand before you to give you a brief update about the website rebrand. As you all certainly know and recall, we have talked about the website a couple of times before, over the summer, and its need to undergo a design refresh. Courtney helpfully mentioned the branding guidelines that we had established. And, so, the website redesign, in addition to giving it a refresh, will hopefully also achieve kind of branding consistencies across products that we create, social media, the Visitor Guide, and the website, all kind of living as one branded ecosystem, if you will. So, we’re excited about the website rebrand. I want to kind of give you just a quick kind of background of where we’ve been and where we’re at. So, that website rebrand is currently in progress. Staff received an early draft of that website redesign on about October 22; staff met and comprised a lengthy list of edits and revisions that we wanted made, which is not unusual, I mean, we want to get this right. When the City enterprise main, cottagegrovemn.gov, went through a recent rebrand and redesign, the same thing happened. You get a bunch of different versions, and staff kind of goes to the drawing board and creates a long list of edits and revisions; because, again, if you’re going to do it, you want to do it well and get it right. And, so, we added a list of edits, as well as what we’re calling a “Wire Frame,” so basically a visual representation of all of those edits, so that both in language and in visual, our web designer can see what it is that we’re looking for. So, it’s easier to kind of just drag and drop images into what we are hoping to get done, which is exciting. Those images were provided on about October 30, and they’re being worked through kind of as we speak. So, we’re waiting on that next round of revisions to be incorporated into the new design. As we have planned all along, and I’m sure I have mentioned, before anything goes live, we would of course seek final Board feedback and blessing on that substantially complete, if not fully completed, website redesign. So, that can be done in a few ways, either at a future workshop at a regularly-scheduled Board Meeting, a Special Meeting that maybe we can schedule, either virtually or in person, or it could even be over email, if that is sufficient. Either way, we would not want to go live on a new website before you all have a chance to see it and approve it and provide feedback. The same with the Visitor Guide, right, we wouldn’t print it and send it out without you all seeing and approving it. So, we are looking forward to that future date where you see the full completed redesign and provide us your feedback before we go live on that. Phil said with that, I’m happy to stand for any questions on that. Chair Levine asked the directors if there were any questions, and they had none. She asked do we have an idea of when that date will be? Is it something that’s weeks or months away? Phil replied that’s a good question. I think initially we had hoped to have the website done and ready to go live by the end of the year, I do still think that is achievable. Having said that, it all kind of depends on what we all decide is the best way to get your final feedback from the Board. Our next regularly-scheduled Board Meeting is in February, and so, again, you want to do this and do it right, and perhaps the cleanest, easiest way to get your feedback is in a workshop setting at that meeting, but I also recognize that’s in February. If we do want something sooner than that, I think that’s achievable, at which point we have to just kind of figure out if we want to schedule a Special Virtual Meeting, which is something that we could possibly do and get your feedback before then. I’m open to suggestions, I think all of us would love to have it go live sooner, rather than later, but also recognizing that we want your meaningful feedback as a part of that process, too. Chair Levine said all right, any suggestions on that? None were offered. She stated all right, thank you. D. Minnesota Department of Revenue Lodging Tax Collections and Rentalscape Software Update Phil said thank you, and that title is a mouthful, I recognize. It is still interesting information, and I thought it would be good for the Board to hear an update. You’ve heard me mention before that the Minnesota Department of Revenue was going to be conducting Lodging Tax Collections on behalf of this City, and you’ve also heard me mention before that we have engaged with Deckard Technologies, utilizing the Rentalscape software, both of which are in place now. So, the Department of Revenue is collecting Lodging Tax collections on behalf of the City of Cottage Grove, and the Rentalscape software is up and running, and our staff has been using it. So, again, we thought it would be prudent to provide you all with an update on how that’s going. So, as a background, the Department of Revenue Lodging Tax Collections began in July, 2025, and we are monitoring that closely; we want to make sure that Lodging Tax collections are coming in as we would expect them to be, that they are meeting projections and not exceeding them, and so far, that is the case. The Lodging Tax Collections are coming in as expected, if not maybe a touch higher than we would have thought, which is, of course, a good sign. Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 7 of 9 It’s also important to note that the collections do lag a little bit, which was expected. When we explored this scenario, we worked with other communities who have also done Department of Revenue Lodging Tax Collections, and they reported that they experienced about a 40-day lag, which does kind of follow some logic, right? So, the property submits their Lodging Tax Collections to the State, the State then receives them, and then the State disburses them to the City, and all of that takes a little bit of time. So, that’s not unexpected, that’s what we expected going in, but nevertheless, as future Lodging Tax Collections updates happen at the Board level, know that that’s the case, it does fall behind about 40 days. In 2025, Q3, which is on the agenda this morning, you’ll get an update from me on those Collections, and we’re seeing that that two-month average does appear to be coming in slightly higher than a two-month average from 2024. So, again, staff wanted to monitor very closely how these Lodging Tax Collections are going. We didn’t have any reason to believe they wouldn’t come in “normally,” but you know, trust but verify. So, we’re seeing that Lodging Tax Collections are coming in as we would expect and maybe even a touch higher, which is good to see. Rentalscape Software Update This is the software that goes out and identifies short-term rental, long-term rental properties out in the world, making sure that the City is aware of our rental properties out in the community. As you probably know, many communities experience short-term rentals that exist out in the community, they’re being advertised on Airbnb, VRBO, and other such websites, and sometimes cities aren’t aware that those properties exist. Sometimes those properties aren’t licensed properly, and so the City thought it a good idea to make sure that we have a good understanding of what exists out in our community, to ensure that those are inspected properly, that they’re held to safety and Code requirements and licensure requirements. So, to date, staff is finding that Rentalscape has identified 11 licensed short-term rental properties in Cottage Grove, 10 unlicensed short-term rental properties, and 22 total unlicensed properties, which could include long-term rental properties. As a result, the City’s Code Compliance Officer is going to soon be sending compliance letters to those properties that are unlicensed, to ensure that they’re coming into compliance. Just one note on that: Ideally you would see everyone compliant and licensed properly, and of course we’re getting Lodging Tax Collections. It’s yet to be clear how moving forward this might or might not impact Lodging Tax Collections; just because a property is not licensed doesn’t necessarily mean they’re avoiding Lodging Tax Collections to the State. So, it’s good to have an early understanding of what Rentalscape is finding out there and good that our Code Compliance Officer will be getting folks into compliance. We’ll also then be looking at does that have any impact on our Lodging Tax Collections; i.e., does it go up, because people are now coming into compliance? So, that’s kind of the next step in this software. Phil said with that, I’ll stand for any questions you may have. Director Reese asked regarding that last slide you had with the 10 unlicensed and the 22 total unlicensed, what’s the difference between those numbers? Phil replied Chair Levine, Director Reese, that’s a good question. So, the 10 unlicensed short-term rental properties, those would be what I would consider like your Airbnb or VRBO. The 22 total unlicensed properties could include like long-term rentals, so we’ll call it a traditional landlord renting out their property to somebody under a lease agreement for month-to-month or year-to-year, whatever that might be. That doesn’t necessarily have much, if any, impact to the Lodging Tax Collections, but it’s still important for our staff to know that so that they are licensed and inspected and held to the same standards as everyone else. Director Grecula said asked what defines a short-term rental that would make it eligible for Lodging Tax vs. a long-term rental? Phil replied Chair Levine, Director Grecula, that is an excellent question, and I don't know that I’m going to be able to come up with the exact, correct answer off the top of my head. I’ll look to maybe City Administrator Levitt, if she knows, but it’s the determination of how long the stay is, and I don't want to speak out of turn of what that cutoff is, like 30 days, 45 days, whatever it is, but that is a good question. Administrator Levitt replied Madam Chair, Members of the Board, I believe the Code reads 30 days. So, if it’s over 30 days contiguous stay, you’re then into a long term. If it’s less than 30 days, it’s a short-term rental. Director Grecula said thank you. E. 2025 Q3 Lodging Tax and Revenue Collection Phil Jents said Chair Levine, Members of the Board, again thank you, you’re hearing a lot from me this morning, so for better or worse, here I am. The Quarter 3 Lodging Tax and Revenue Collection update we have before you. And, so, the Minnesota Department of Revenue is collecting our Lodging Taxes on behalf of the City. So, for Quarter 3, we’re seeing those coming in at $15,392, which, as I stated earlier, is about what we would expect to see in Quarter 3 Lodging Tax Collections and perhaps even a touch higher than a two- Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 8 of 9 month average when compared to 2024. So, that was a pretty key important thing for us to look at again are those collections coming in as we would expect. Before I move on to questions, I did want to note the projected Quarter 3 Lodging Tax Collections in the previously-approved budget was $18,000. So, that Quarter 3 number that you see before you, I mentioned that lag time that we experience, and the City has not yet received September’s Lodging Tax Collections because of that lag time. So, we would expect that collection come in before the end of this year yet, which of course then the number that you see before you will go up once we get those. And, so, we are confident that the Quarter 3 Lodging Tax Collections will meet or exceed our projected amount that we would have expected to see. Year to date, we’re sitting at about $62,955 in Lodging Tax Collections, and I thought both numbers were important for you to know. Chair Levine replied thank you for explaining that, it totally makes sense. She asked if there were any questions or comments on this item. Director Reese asked do you have a year-over-year for comparison? Phil replied Chair Levine, Director Reese, I do not have that information immediately in front of me, but I would be happy to follow up. F. 2026 Final Budget Approval Phil Jents said Chair Levine, Members of the Board, thank you again. Last, and certainly not least, is the Budget Approval for 2026. So, the 2026 Final Budget is before you, in your packet, as is the full 2026 Budget Worksheet. So, I’ll not bore you with reading that entire spreadsheet, but I would happily do so if you wish; I’m sure maybe you have other things to consider as you move on for the rest of your day. At any rate, as you also just heard, the Lodging Tax Projections for 2026 are similar to other years. We based that on a 63% occupancy rate, which gets us in at around $71,500 a year for our Lodging Tax Projections. Projected Visitor Guide Ad Sales come in at $4,500. As you heard earlier this morning, the Food Truck Festival is a pretty big premier event for the City of Cottage Grove and the CVB, and that’s coming in at $15,900 in food truck and Marketplace vendor payments, and $8,000 from sponsorships. And then you’ve heard me discuss before, but new this year is the Explore Minnesota Tourism Grant; so, Discover Cottage Grove was successful in getting a $2,000 Grant from Explore Minnesota, which we will use towards advertising on social media and online for things like the Food Truck Festival and other kind of summertime food things to market. Also, similar to other years, we have our expenses broken out in Marketing categories and Operational categories. So, again, I won’t bore you by reading all of the numbers on the screen before you, but you have them before you and in your packet. The Total Marketing Expenses in the 2026 budget come in at $56,369.36 for things like, as you see, Website Hosting, Printing, Marketing, etc. Under Operations, for things such as portions of the Communication Specialists’ salary, Postage, Dues and Subscriptions, etc., Operating Expenses come in at $52,680.63. Finally, the 2026 Final Budget Total Revenue Projections come in at $101,950, Expenses come in at $109,449.99, which shows a $7,499.98 Loss. A quick note on that and an important note on that final number, that will be reconciled with either the remaining Fund balance, which currently is at $65,440 and/or expenditure reductions. So, with that, there is a Recommendation before you, and I’d be happy to stand for any questions; there were no questions or comments. Director Grecula made a motion to approve the Cottage Grove Convention and Visitors Bureau 2026 Final Budget; second by Director Olson. Motion carried: 5-0. 8. WORKSHOP - None. 9. CVB COMMENTS Director Reese said I like the idea of doing a virtual workshop to be able to go through the website. It may take an hour to do so, but I think it would be good for us to know the functionality and if there’s anything we, as a Board, could look at and say, that works great, that doesn’t work great, I’d love to do that. Chair Levine said thank you, I’m also open to that. Everybody else as well? The other Board Members agreed. She said great, thank you so much. Chair Levine said our next meeting is Tuesday, February 24, 2026. Cottage Grove Convention and Visitors Bureau Meeting November 25, 2025 Page 9 of 9 10. ADJOURNMENT Director Haatvedt made a motion to adjourn; second by Director Grecula. Motion carried: 5-0. The meeting was adjourned at 8:13 a.m. Respectfully submitted, _______________________________________ Phil Jents, Communications Manager /jag 1 City Council Action Request 7.E. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Planning Commission Appointments - Madison and Fischer Staff Recommendation Appoint Bradley Madison to the Planning Commission with a term ending on February 29, 2028, and appoint Commissioner Jessica Fischer to the Planning Commission Chair position through February 28, 2027. Budget Implication N/A Attachments 1. Memo - Planning Commision Appointment (Madison & Fischer ) To: From: Date: Subject: Discussion Recommendation 1 City Council Action Request 7.F. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title ACHP Commission Appointments - McDermott and Doheny Staff Recommendation Approve the appointment of Joseph McDermott and Mary Doheny to their first terms on the Advisory Committee on Historic Preservation, effective March 1, 2026, and ending February 29, 2028. Budget Implication N/A Attachments 1. ACHP Appointment Memo 2026-2-25 To: From: Date: Subject: Discussion: Staff Recommendation: 1 City Council Action Request 7.G. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Lower Potency Hemp Edible Retailer License — G-Will Liquor Staff Recommendation Approve the Lower Potency Hemp Edible Retailer License to Cherokee Liquors (DBA G-Will Liquors) at 6999 80th Street South, Cottage Grove. Budget Implication N/A Attachments 1. G-Will Liquor (Low Potency THC) Memo 2. G-Will Liquors Cannabis Registration Background 3. OCM Email (confirming license) Introduction th Street South, Cottage Grove. • Zoning: To meet zoning requirements, the applicant must obtain a Conditional Use Permit (CUP). • Fees and Taxes: The applicant has paid the required $250 registration fee, which covers the first year and the first renewal. • The applicant is current on all property taxes, assessments, and other city fees. • State License: The business holds a preliminary state license from the OCM for the requested operations (OCM License LPDIS-L25-000482). • Background Check: The applicant has passed the necessary background check. • Inspections: The business agrees to be open to inspection by local law enforcement or other authorized city officials during regular business hours. The city will conduct compliance checks at least once a year. Staff Recommendation th Street South). To: Director of Public Safety Peter J. Koerner From: Community Impact Sergeant Mike McCormick Date: October 22, 2025 Subject: G-Will Liquors – Lower-Potency Hemp Edible Retailer APPLICANT/ PRESIDENT & CHIEF EXECUTIVE OFFICER Grant William Rademacher 7007 River Road Southeast Clear Lake, Minnesota 55319 TREASURER & CHIEF FINANCIAL OFFICER James Frank Kast 9603 Polaris Lane North Maple Grove, Minnesota 55369 CHIEF OPERATING OFFICER Daniel Charles Fields 19429 Zumbro Court Northwest Elk River, Minnesota 55330 INTRODUCTION AND BACKGROUND On September 30, 2025, Grant William Rademacher applied with the City of Cottage Grove to be a lower-potency hemp edible retailer at the business, G-Will Liquors, at the address of 6999 80th Street South, Cottage Grove, MN, 55016. Rademacher is listed as the business’s President and Chief Executive Officer (CEO). The application also contained two other partners associated with the business: James Frank Kast is listed as the Chief Financial Officer (CFO) and Daniel Charles Fields as the Chief Operating Officer (COO). The application was submitted containing signed General Releases of Information, photocopies of a Minnesota driver's licenses, Certificates of Compliance, and Certificates of Liability Insurance. The Department of Public Safety is required to conduct a police records review of the applicant. ORGANIZATIONAL INFORMATION/ NARRATIVE During this investigation, I found that Rademacher is the Director of Rademacher Family Partnership LLLC. This information is observed in the Minnesota Secretary of State Business Registration Directory. This LLLC in Minnesota is listed as a Limited Partnership (Domestic) filed on December 26, 2001. The company's filing status is listed as Active, and its File Number is LP-11177. Kast is listed as the registered agent. Rademacher Family Partnership LLLC has a listed business address of 13973 Round Lake Boulevard, Andover Minnesota 55304. The Anoka County (Minnesota) Business Registration Records verify the LLLC as active, with a listed record type of ABSTR. No delinquencies, forfeiture proceedings, or bankruptcy proceedings noted. A criminal history background check utilizing BCA, MGA, ACCURINT, and OSINT were run on Rademacher, Kast and Fields. No areas of concern were noted. Upon running the attached copies of the Minnesota Driver’s Licenses that were provided, it showed regular Class D Licenses with no restrictions for the three applicants. Nothing observed in the last, five year, “lookback” period and no felony convictions. Nothing of concern is noted in their criminal history reports. Nothing noted that would prohibit Rademacher, Kast or Fields from obtaining a license to sell low potency THC in the City of Cottage Grove. I, along with our Crime Analyst, completed a search for social media related to Rademacher, Kast and Fields and their related businesses. Nothing of concern noted or anything that would project poorly on the City of Cottage Grove was observed The application, as submitted, is in compliance with our ordinance. I did note that a copy of the Office of Cannabis Management for the Business is not included in the application. Cottage Grove City Clerk, Tamara Anderson, did make note of this upon the reception of the application. This application will need to be included before it can be approved. The Zoning/Planning Approval is not included in this packet but has been submitted. We have investigated the applicants and have not found any facts which would constitute a basis for denial under the provisions of the City Ordinance. It should be noted that the Premises Security Plan was submitted, through a Planning Application, and was approved prior to receiving the initial application. CLOSING I have completed a thorough background investigation on Grant William Rademacher, James Frank Kast and Daniel Charles Fields. I could find no information which would preclude them from holding a license to sell Low Potency THC in the City of Cottage Grove or information which would bar them, or the established business of G-Will Liquors, from functioning in such capacity. All files and/or forms received, including any reports created, have been added to our records under Cottage Grove events number: CG-BC-250033 Community Impact Sergeant Michael McCormick Background Investigator Detective Sergeant Michael McCormick Background Investigator From:NoReply@accela.com To:Tammy Anderson Subject:Lower-potency hemp edible license LPDIS-L25-000482 issued in your jurisdiction Date:Tuesday, February 24, 2026 1:28:04 PM You don't often get email from noreply@accela.com. Learn why this is important EXTERNAL EMAIL WARNING: This email originated from an outside organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tamara Anderson, The Office of Cannabis Management has issued a Lower-Potency Hemp Edible Retailer License to Cherokee Liquors Inc., a business located in your jurisdiction at 6999 S 80th Street, Cottage Grove, MN 55016. Its license number is LPDIS-L25- 000482. For more information about lower-potency hemp edible (LPHE) licensing, please review Hemp Businesses in Minnesota: A guide for lower-potency hemp edible license applicants. Businesses can obtain multiple lower-potency hemp edible licenses. Important for LPHE retailers: Local retail registration In addition to receiving their license from OCM, LPHE retailers who will conduct retail sales of LPHE products must apply for and obtain local retail registration directly from their local government. Each local government with retail registration authority is responsible for implementing and facilitating their own local retail registration process. If you are a township or city that has instead elected to delegate retail registration authority to a county, you should ensure the county has received this information about licensure so they can issue a local retail registration to this newly licensed business. Please note, a local government may not limit the number of local retail registrations issued to LPHE businesses in their jurisdiction. This is different than local retail registrations for cannabis retail businesses, which may be limited. Please see Minnesota Statutes, section 342.22, for more information about the local retail registration process. Please also see Page 15 of the Guide for Local Governments on Adult-Use Cannabis and Lower Potency Hemp Edible Licenses (PDF) for more information. A licensed LPHE retailer with a delivery endorsement only—meaning they do not have a retail endorsement and do not intend to operate a physical retail location—is not required to obtain a local retail registration. More information For any other questions or concerns, please reach out to local.licensing.ocm@state.mn.us or visit OCM’s webpage (mn.gov/ocm). Licensed LPHE businesses are required to comply with state and local building, fire, and zoning codes, requirements, and regulations. Local governments should use the Enforcement Complaint Reporting Form to share information, concerns, or complaints about cannabis businesses under the local government expedited complaint process (Minnesota Statutes section 342.13). Thank you, Minnesota Office of Cannabis Management local.licensing.ocm@state.mn.us 1 City Council Action Request 7.H. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Temporary Gambling License - Phoenix Residence Staff Recommendation Authorize issuance of a single-occasion gambling permit to Corrie Lynn Kopischke on behalf of Phoenix Residence, to conduct a raffle at River Oaks Golf Course (11099 Hwy 61, Cottage Grove) on June 8, 2026, from 12:30-6:00 PM. Budget Implication N/A Attachments 1. Public Safety - Memo 1 City Council Action Request 7.I. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Temporary Gambling License - Accacia Lodge No. 51 Staff Recommendation Authorize issuance of a single-occasion gambling permit, David Gene Martin, on behalf of Accacia Lodge No. 51, to conduct a raffle at 11094 70th Street South, Cottage Grove, on October 3, 2026, at 6:00 PM. Budget Implication N/A Attachments 1. Public Safety Memo 1 City Council Action Request 7.J. Meeting Date 3/4/2026 Department Administration Agenda Category Action Item Title Washington County Wellness Grant Acceptance Staff Recommendation Approve the grant agreement with Washington County in the amount of $3,000 and authorize the expenditure of the $300 matching contribution. Budget Implication $300 - Community and Employee budget for 2026 Attachments 1. Memo SHIP Grant (2026) Accept the Grant 2. City of Cottage Grove_Worksite_18075 To: From: Date: Subject: Discussion Agreement Terms and Funding • Total Grant Amount: $3,000 • City Match (10%): $300 • Total Project Value: $3,300 Implementation and Program Sustainability • Equipment Management: The Committee will oversee an "equipment library," rotating items between departments based on staff demand. • Maintenance: Annual "equipment checkups" will be conducted to ensure all items remain clean and in safe working order. • New Hire Integration: Training on active workstations will be incorporated into new employee orientations to establish a culture of movement from day one. • Ongoing Promotion: The Committee will share "Success Stories" and activity tips via internal newsletters and staff meetings to maintain high engagement. • Evaluation: Success will be measured through monthly utilization logs and a "Sedentary Shift" survey six months post-implementation to track behavior changes and physical comfort. Recommendation Approve the grant agreement with Washington County in the amount of $3,000 and authorize the expenditure of the $300 matching contribution. . Washington County AND City of Cottage Grove This contract is made and entered into by and between Washington County, hereinafter referred to as "County", and the City of Cottage Grove located at 12800 Ravine Parkway Cottage Grove MN 55016, hereinafter referred to as the Consultant/Contractor". I.TERM OF CONTRACT The term of this contract shall be from final signature to October 31, 2026, unless earlier terminated as provided herein. II.SCOPE OF SERVICES Contractor shall address the worksite strategy covered under the Statewide Health Improvement Partnership (SHIP) grant for Washington County by the Minnesota Department of Health (MDH) funding as well as perform the duties set forth in this agreement and in Attachment A at a cost set forth in Attachment A which is hereby incorporated into this contract. Contractor will Increase physical activity opportunities for staff at their workstations by purchasing under desk exercise equipment. In addition, the Contractor will: •Submit regular invoices to the County for payment of services rendered. •Act in a fiscally responsible manner, including following standard accounting procedures, charging only for the activities stated in this agreement, spending funds responsibly, properly accounting for how the funds are spent, maintaining financial records to support expenditures billed to the contracting and meeting audit requirements. •Comply with communications approval processes outlined in the communications guidance and materials document. •Allow the County, MDH, and others to use any products or materials produced with contracted funds. •Assist the County with data collection in order to complete and submit required reports, if necessary. •Assist the County by providing grant summary or other requested information requested for incorporation into state level reports, if requested. •Work collaboratively with the County to determine a regular communication schedule for questions and progress reports. •Work with the County on approval for any work plan or budget changes. III. COST: Cost will not exceed $3,000.00 IV.INDEPENDENT CONTRACTOR. It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the Contractor as the agent, representative, or employee of the County or Public Health & Environment for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent Contractor with respect to all services performed under this agreement. The Contractor will secure, at its own expense, all personnel required in performing services under the agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this agreement shall have no contractual relationship with the County or Public Health & Environment and shall not be considered employees of the County or Public Health & Environment. V. STANDARDS. The Contractor shall comply with all applicable Federal law, State statutes, Federal and State regulations, and local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above shall be a substantial breach of the agreement and will be cause for cancellation of this contract. VI. POSSESSION OF FIREARMS ON COUNTY PREMISES. Unless specifically required by the terms of this Contract or the person it is subject to an exception provided by 18 USC§ 926B or 926C (LEOSA) no provider of services pursuant to this Contract or subcontractors shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this Contract. Violation of this provision is grounds for immediate suspension or termination of this Contract. VII. SUBCONTRACTING AND ASSIGNMENT. The contractor shall not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county. Any assignment or novation may be made subject to such conditions and provisions as the county may impose. If the contractor subcontracts the obligations under this agreement, the contractor shall be responsible for the performance of all obligations by the subcontractors. VIII. INDEMNIFICATION. The Contractor agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. IX. INSURANCE REQUIREMENTS. The Contractor agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. 2. Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non-owned. 3. Worker’s Compensation in statutory amount (if applicable) of bodily injury by accident in the amount of $500,000 each accident, bodily injury by disease in the amount of $500,000 each employee, and bodily injury by disease in the amount of $500,000 policy limit. Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Contract, the Contractor will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Contract. This certificate of insurance shall be on file with the County throughout the term of the Contract. As a condition subsequent to this Contract, Contractor shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Contractor to maintain a current certificate of insurance with the County shall be a substantial breach of the Contract and payments on the Contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days’ notice thereof to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. X. AUDITS, REPORTS, RECORDS AND MONITORING PROCEDURES/RECORDS AVAILABILITY & RETENTION. Pursuant to Minn. Stat. section 16C.05 subd. 5, the Contractor/Consultant will: A. Maintain records which reflect all revenues, costs incurred and services provided in the performance of this Agreement. B. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices and involve transactions relating to this agreement. The Contractor agrees to maintain and make available these records for a period of six (6) years from the date of the termination of this agreement. XI. DATA PRACTICES. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the contractor, because of this agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The contractor is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the contractor. XII. NONDISCRIMINATION The Contractor agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59. The Contractors failure to comply with section 181.59 may result in cancellation or termination of the agreement, and all money due or to become due under the contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. XIII. SUBCONTRACTOR PROMPT PAYMENT. Pursuant to Minnesota Statute §471.425 subd. 4a., contractor shall pay any subcontractors within 10 days of the contractor’s receipt of payment from the county for undisputed services provided by the subcontractor. The contractor shall pay interest of 1½ percent per month, or any part of a month, to the subcontractor on any disputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. The subcontractor shall have third party rights under this agreement to enforce this provision. XIV. JURISDICTION & VENUE. This contract, amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. All actions brought under this agreement shall be brought exclusively in Minnesota State Courts of competent jurisdiction with venue in Washington County. XV. TERMINATION The County may cancel this agreement at any time upon giving fifteen (15) days written notice sent to the Consultant at the address above. XVI. MERGER It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes all oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. XVII. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION Federal Regulation 45 CFR 92.35 prohibits the County from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subdivision 2, provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to Contract with the County. Contractors may be suspended or debarred when it is determined through a duly authorized hearing process, that they have abused the public trust in a serious manner. By signing this Contract, the Contractor certifies that it and its principals* and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and B. Have not within a three year-period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction or Contract, 2) violated any federal or state antitrust statutes, or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction, b. violating any federal or state antitrust statutes, or c. committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not aware of any information and possess no knowledge that any subcontractor(s), that will perform work pursuant to this Contract, are in violation of any of the certifications set forth above; and D. Shall immediately give written notice to the Contract manager should the Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining or performing a public (federal, state, or local government) transaction, violating any federal or state antitrust statute, or committing embezzlement, theft, forgery, bribery, falsification of records, making false statements, or receiving stolen property. *Principals, for the purpose of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary division or business segment, and similar positions). XVIII. CONFLICT OF INTEREST Contractor affirms that, to the best of its knowledge, this Contract does not present a conflict of interest with any party or entity, which may be affected by the terms of this Contract. The Contractor agrees that, should any conflict or potential conflict of interest become known, it will immediately notify the County of the conflict or potential conflict, and will advise the County whether it will or will not resign from the other engagement or representation. Unless waived by the County, a conflict or potential conflict may, in the County's discretion, be cause for cancellation or termination of this Contract. XIX. MODIFICATION Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modifications, or variations deemed not to be material by agreement of the County and the Consultant shall not require written approval. IN WITNESS WHEREOF, the County and Contractor have executed this agreement as of the date written below. City of Cottage Grove By Signature Name & Title (please print) Date Washington County By Signature David Brummel, Director Name & Title Date Approved as to Form: Assistant Washington County Attorney Updated 11/2025 Project Description Project Description Building on the success of our 2025 "Healthy Eating" initiative, the City of Cottage Grove Wellness Committee proposes the 2026 Active Workstation Initiative. This project was designed in direct response to a recent internal staff survey regarding workplace wellness. This project aims to transform sedentary office environments into active workstations. By providing the specific equipment requested by our staff, we will reduce chronic disease risk factors associated with prolonged sitting and empower employees to meet physical activity goals during the workday. To maximize the reach of the grant funding, we have specifically selected equipment that is compact, lightweight, and highly portable. Rather than being tethered to a single desk, these walking pads, peddlers, and balance boards can be easily moved between workstations or shared within departments. This "mobile library" approach ensures that the equipment is not limited to a few individuals but is instead a shared municipal resource available to all staff. By making the equipment portable, we ensure that even those in smaller workspaces or shared offices have the opportunity to participate in the "Active Workplace" How will you sustain the project beyond this funding? Washington County Public Health & Environment Worksite Action Plan Contact Information City of Cottage Grove Tamara Anderson Jaime Mann 12800 Ravine Parkway Cottage Grove Mn 55016 tanderson@cottagegrovemn.gov jmann@cottagegrovemn.gov 651-458-2878 651-458-2833 2/11/2026 180 Updated 11/2025 The City of Cottage Grove Wellness Committee will take full ownership of this project to ensure its long-term viability. Our sustainability plan includes: Active Oversight: The Committee will manage the "equipment library," ensuring items are rotated between departments based on the demand identified in our staff survey. Maintenance & Care: As part of our recurring wellness programming, the Committee will conduct annual "equipment check-ups" to ensure all walking pads, peddlers, and boards are clean and in safe working order. Integration: We will incorporate training on how to use these active workstations into our new employee orientation. This ensures that, as the City grows, the culture of movement is introduced to every new hire from the very first day. Ongoing Promotion: The Committee will use our internal newsletters and staff meetings to share "Success Stories" and tips for staying Activities that will lead to expected outcomes. What are the expected results or outcomes for the specific activities listed on the left? Be specific, measurable, achievable, relevant, time bound, inclusive, and equitable. Evaluation Plan Simple metrics or feedback that will help you to determine if the activity is successful at meeting expected outcomes. Budget for each item Increase physical activity opportunities for staff at their workstations. Liability waivers will be signed prior to usage of equipment. Under-desk Walking Pads (approx. 15 units): $2,250 Under-desk Peddlers/Cycles (approx. 15 units): $750 will increase physical activity in the workplace by offering a check out system for walking pads/under desk peddlers this will create equitable physical activity opportunities for staff at all fitness levels. high response for wanting to improve physical activity in the workplace. There will be a sign out sheet in order to reserve/check out the equipment. We will monitor usage of the equipment via the tracking sheet and follow up with an employee survey 6 months after Total amount requested Updated 11/2025 In-Kind Contributions In-kind Description (i.e. partner staff time, supplies, equipment, etc.) Amount (10% required) Updated 11/2025 Project Description Project Description Building on the success of our 2025 "Healthy Eating" initiative, the City of Cottage Grove Wellness Committee proposes the 2026 Active Workstation Initiative. This project was designed in direct response to a recent internal staff survey regarding workplace wellness. This project aims to transform sedentary office environments into active workstations. By providing the specific equipment requested by our staff, we will reduce chronic disease risk factors associated with prolonged sitting and empower employees to meet physical activity goals during the workday. To maximize the reach of the grant funding, we have specifically selected equipment that is compact, lightweight, and highly portable. Rather than being tethered to a single desk, these walking pads, peddlers, and balance boards can be easily moved between workstations or shared within departments. This "mobile library" approach ensures that the equipment is not limited to a few individuals but is instead a shared municipal resource available to all staff. By making the equipment portable, we ensure that even those in smaller workspaces or shared offices have the opportunity to participate in the "Active Workplace" How will you sustain the project beyond this funding? Washington County Public Health & Environment Worksite Action Plan Contact Information City of Cottage Grove Tamara Anderson Jaime Mann 12800 Ravine Parkway Cottage Grove Mn 55016 tanderson@cottagegrovemn.gov jmann@cottagegrovemn.gov 651-458-2878 651-458-2833 2/11/2026 180 Updated 11/2025 The City of Cottage Grove Wellness Committee will take full ownership of this project to ensure its long-term viability. Our sustainability plan includes: Active Oversight: The Committee will manage the "equipment library," ensuring items are rotated between departments based on the demand identified in our staff survey. Maintenance & Care: As part of our recurring wellness programming, the Committee will conduct annual "equipment check-ups" to ensure all walking pads, peddlers, and boards are clean and in safe working order. Integration: We will incorporate training on how to use these active workstations into our new employee orientation. This ensures that, as the City grows, the culture of movement is introduced to every new hire from the very first day. Ongoing Promotion: The Committee will use our internal newsletters and staff meetings to share "Success Stories" and tips for staying Activities that will lead to expected outcomes. What are the expected results or outcomes for the specific activities listed on the left? Be specific, measurable, achievable, relevant, time bound, inclusive, and equitable. Evaluation Plan Simple metrics or feedback that will help you to determine if the activity is successful at meeting expected outcomes. Budget for each item Increase physical activity opportunities for staff at their workstations. Liability waivers will be signed prior to usage of equipment. Under-desk Walking Pads (approx. 15 units): $2,250 Under-desk Peddlers/Cycles (approx. 15 units): $750 will increase physical activity in the workplace by offering a check out system for walking pads/under desk peddlers this will create equitable physical activity opportunities for staff at all fitness levels. high response for wanting to improve physical activity in the workplace. There will be a sign out sheet in order to reserve/check out the equipment. We will monitor usage of the equipment via the tracking sheet and follow up with an employee survey 6 months after Total amount requested Updated 11/2025 In-Kind Contributions In-kind Description (i.e. partner staff time, supplies, equipment, etc.) Amount (10% required) 1 City Council Action Request 7.K. Meeting Date 3/4/2026 Department Community Development Agenda Category Action Item Title Rental License Approvals Staff Recommendation Approve the issuance of rental licenses to the properties listed in the attached table. Budget Implication N/A Attachments 1. Rental License Approvals CC Memo 2. Rental License Approvals Table TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Samantha Drewry, Code Enforcement Officer DATE: February 25, 2026 RE: Rental License Approvals Background/Discussion Rental licenses are required for nonowner-occupied residential properties (City Code Title 9-13, Property Maintenance, and Title 9 -14, Rental Licensing) and are issued on a biennial basis. The licensing process includes submittal of the rental license application, payment of the rental license fee, and public criminal history report. Rental inspections are conducted on all rental properties as part of the licensing process. Once all information has been submitted and the inspection satisfactorily completed, the Council must approve the license prior to it being issued. The properties listed in the attached table have completed the licensing process and are ready to have their licenses issued following Council approval. Recommendation Approve the issuance of rental licenses to the properties listed in the attached table. 2026 RENTAL LICENSES CITY COUNCIL APPROVAL - MARCH 4, 2026 RENTAL LICENSE NUMBER PROPERTY STREET #PROPERTY STREET NAME PROPERTY OWNER RENT-001922 6859 Meadow Grass Lane South Jodie Dibble RENT-001938 6706 Meadow Grass Lane South Su, Amy RENT-001941 7676 Irish Avenue Court South Klein, Tom RENT-001950 6764 Pine Crest Trail South Schopf, Cheryl RENT-001955 8854 92nd Street South Schopf, Cheryl RENT-001969 8525 Ivywood Avenue South Bridge Homes RENT-001970 8046 Jody Avenue South Bridge Homes RENT-001999 6478 Inspire Circle South Upward America Southeast Property Owner LP RENT-002023 7858 76th Street South Tom Dippel RENT-002052 8896 92nd Street South JX LLC RENT-002053 8872 92nd Street South Xu Dai RENT-002067 6798 Meadow Grass Lane South Xu Dai RENT-002128 6682 Hyde Avenue South Laurie's Woods LLC RENT-002129 7909 71st Street South Schenk, Adam RENT-002236 6533 Genevieve Trail South McDonald, Matthew & Cris RENT-002241 6859 Pine Crest Trail South Pederson Holdings LLC RENT-002243 8598 Janero Avenue South Pat Walsh RENT-002274 6871 Pine Crest Trail South Domeier, Brian RENT-002339 9461 Indian Boulevard South Gregerson, Michael RENT-002342 7791 Hemingway Avenue South Singh Properties RENT-002343 7630 79th Street South Waturuocha, Chikezie & Lilian RENT-002365 9448 69th Street South Ganesha, Vasundhasa & Ravindranath, Mithun RENT-002404 6548 Joliet Avenue South Bingi, Nishanth RENT-002406 7348 Timber Crest Drive South Vasavi Holdings LLC RENT-002427 7929 Jocelyn Avenue South Alverson, Doug RENT-002936 6915 Innsdale Avenue South AUX Funding LLC RENT-002937 9209 Jeffery Avenue South  Hennepin RP Funding LLC RENT-002938 6464 Genevieve Trail South Purush Panchapakesan RENT-002944 7620 East Point Douglas Road South Ben and Amanda Greene RENT-002948 7624 East Point Douglas Road South Ben and Amanda Greene RENT-003047 6688 91st Street South Obed Jean-Baptiste 1 City Council Action Request 7.L. Meeting Date 3/4/2026 Department Public Safety Agenda Category Action Item Title Sale of Surplus Equipment - eBikes Purchase Staff Recommendation 1) Authorize the department to sell two ATVs (Units #5398 and 5399) to 61 Marine & Sports for $5,000.00. 2) Authorize the department to purchase two E-bikes with the proceeds from the sale of surplus equipment. The cost not to exceed $5,000. Budget Implication N/A Attachments 1. Council Memo-ATV sale 2. Lakes Area Power Sports 3. 61 Marine To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Peter J Koerner, Director of Public Safety Date: March 4, 2026 Subject: Sale of surplus equipment INTRODUCTION RECOMMENDATIONS WALKER MN 56484 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($4,000.00) ($4,000.00) Sales Tax _______________________________________ 0.00% ntorning@cottagegrovemn.gov (Cash Price - Net Trade) 8322 STATE 371 NW Lakes Area Powersports $4,000.00 C Lienholder W $0.00 _______________________________________ Cash Price Quoted Labor: Dealer Prep Decription Net Trade Net Sale Cottage Grove PD $0.00 Trade Allowance Payoff $0.00 Cash Down Payment 218-547-1558 Amount to Pay/Finance2005 2005 See notes below A05MH68AK A05MH68AK $0.00 Cottage Grove, MN 55016 $4,000.00 Credit Life Insurance Accident & Disability Title/License/Registration Fees Document or Administration Fees Sub Total _______________________________________ Total Other Charges TRADE-IN NOTICE: Customer represents that all trade in units described above are free of all liens and encumbrances except as noted. 865247787230813939 0 Quoted Parts: $0.00 Lori Kuhlman Monthly Payment of For Notes: Trade Information NOTICE TO BUYER: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this agreement. (3) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for Months at Interest Parts/Labor Freight Dealer Unit Price Labor Hrs. 651-458-2850 $0.00 ($4,000.00) New Quote Deal No. 2026 *With Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lender. Customer(s) Signature ________________________________________ Dealer Signature ________________________ $0.00 Temporary MU TEMP Model (Incl factory options)N/U Serial No.Year Thank You for Your Business! Make 02/23/2026 the unpaid indebtedness evidenced by this agreement. ________________________________________________________________________________________________ Salesperson Date Email I hereby agree to purchase the following unit(s) from you under the terms and conditions specified. Delivery is to be made H Stock No. as soon as possible. It is agreed, however, that neither you nor the manufacturer will be liable for failure to make delivery. Labor Polaris Polaris Price Retail Discount Ext Price Unit Information 1 City Council Action Request 7.M. Meeting Date 3/4/2026 Department Public Safety Agenda Category Action Item Title Authorization to Purchase Replacement Squad Staff Recommendation Approve the purchase of a replacement vehicle for the administrative fleet. Budget Implication up to $52,478 ($32,289.18 from the insurance claim and up to $20,189.00 form the insurance fund) Attachments 1. Council Memo-Replacement Squad Purchase To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Peter J Koerner, Director of Public Safety Date: March 4, 2026 Subject: Authorization to purchase replacement squad INTRODUCTION RECOMMENDATION V P E t E i T S D 1 2 4 3 2 4 1 2 2 4 3 2 5 2 2 3 1 City Council Action Request 7.N. Meeting Date 3/4/2026 Department Parks and Recreation Agenda Category Action Item Title Bike Park Service Agreement Staff Recommendation Authorize service agreement with Pathfinder Trail Building, LLC for Bike Park jump line improvements for the amount of $73,608. Budget Implication $73,608 from Park Improvement Fund. Attachments 1. Memo-Bike Park Service Agreement 2. Agreement for Contractor Services -Bike Park To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Zac Dockter, Parks and Recreation Director Date: February 17, 2026 Subject: Bike Park Jump Line Improvements Service Agreement Introduction As the popularity of the Bike Park continues to increase, maintenance of the jump line’s dirt approaches, launching points and landing areas continue to be the most challenging maintenance upkeep for the volunteers. In addition, the jump lines have the longest lag time for reopening after rainfall as riding on soft soils can be detrimental to the tracks and jumps. As such, Bike Park volunteers are proposing to hire the installation of prefabricated wood jump lips with advanced armor carpeting material (before, at and after the jumps) both of which will reduce erosion and allow for faster reopenings after rain events. These improvements are estimated to save over 100 hours in volunteer labor per season while also increasing performance and availability of the jump lines which are a key feature of the Bike Park. Background The Bike Park volunteer group has been maintaining the jump line with repurposed household carpeting materials for runways while packing the jump lips by hand with clay/dirt and shovel. A few years ago, the volunteer group proposed the aforementioned improvements to the park. $75,000 was scheduled into the Capital Improvement Plan for 2026 with sources being derived from the Park Improvement Fund. Proposals were accepted from two vendors considered industry experts in this specialized line of work. The results of the proposals are as follows: Pathfinder Trail Building (Afton, MN) $73,608 Flow Ride Concepts (Wheat Ridge, CO) $83,850 The 2025 quote price will be honored by Pathfinder Trail Building. Staff Recommendation Authorize service agreement with Pathfinder Trail Building, LLC for Bike Park jump line improvements for the amount of $73,608. 1 AGREEMENT FOR SERVICES Bike Park Jump Line Renovation Project THIS AGREEMENT (“Agreement”) is made and executed this 4th day of February, 2026, by and between the City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, Minnesota 55016, (“City”) and Pathfinder Trail Building, 219 Indian Trail S, Afton, MN 55001 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain services; and WHEREAS, Contractor desires to perform the services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated June 3rd 2025, incorporated herein as Exhibit A. ii. Where the terms and conditions of this Agreement and those terms and conditions included in the Exhibits specifically conflict, the terms of this Agreement shall apply. b. Contractor covenants and agrees to provide the Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 9 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. 2 a. City agrees to pay Contractor $73,608.00 for project completion, and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. Payment shall be due as follows: i. 40% of the project cost will be due upon delivery and receipt of all materials needed to complete the services. ii. The remaining 60% of the total amount shall be due upon contractor’s completion of installation and all services outlined in Exhibit A. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period s as they deem appropriate, and upon the same terms and conditions as herein stated. 4. BONDS. If the Services provided by the Contractor as set forth in the Exhibits and this Agreement exceeds $175,000, Contractor shall furnish performance and payment bonds covering faithful performance of all the Contractor’s obligations, including, without limitation, warranty obligations and of all payment of obligations arising under this Agreement. The bonds shall each be issued in an amount equal to 100% of the stipulated sum identified in Section 2 of this Agreement. 5. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party at the addresses listed in Section 15 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses incurred through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have 3 fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event: i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within thirty (30) days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 6. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 7. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection, examination, and testing by the City, who will have the right to reject defective material and workmanship or require its correction. 9. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under 4 this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 10. CITY’S REPRESENTATIVE. The City has designated Zac Dockter to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 11. PROJECT MANAGER AND STAFFING. The Contractor has designated Adam Buck to be the primary contacts for the City in the performance of the Services . They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 12. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 13. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $2,000,000. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. 5 The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 14. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the final completion date of all Services. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 15. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 Attention: City Administrator Or emailed: zdockter@cottagegrovemn.gov If to Contractor: Pathfinder Trail Building 219 Indian Trail South Afton, MN 55001 Or emailed: buck@pathfindertrailbuilding.com 16. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 17. RESPONSIBLE CONTRACTOR. a. In accordance with Minnesota Statutes, Section 16C.285, Contractor is hereby advised that the City cannot award a construction contract in excess of $50,000 unless Contractor is a “responsible contractor” as defined in Minnesota Statutes, Section 16C.285, subdivision 3. Contractor must complete a Responsible Contractor Certificate verifying compliance with the minimum criteria specified in Minnesota Statutes, Section 16C.285, subdivision 3, to be eligible to provide the Services outlined in this Agreement. A Responsible Contractor Certificate must be signed under oath by an owner or officer of Contractor. Contractor is responsible for obtaining the required verifications of compliance with Minnesota Statute, Section 16C.285, subdivision 3 from all subcontractors, using a form provided by the City. Contractor must submit signed verifications from subcontractors upon the City’s request. b. Contractor or subcontractor who does not meet the minimum criteria established in Minnesota Statutes, Section 16C.285, subdivision 3, or who fails to verify 6 compliance with the minimum requirements of this statute, will not be considered a “responsible contractor” and will be ineligible to provide the Services under this Agreement or otherwise work on the project in any capacity. Contractor and any subcontractor are advised that making any false statements verifying compliance with Minnesota Statutes, Section 16C.285 will render the Contractor or subcontractor ineligible to perform the Services of this Agreement and may result in termination of this Agreement by the City. c. Contractor shall not sublet, sell, transfer, delegate or assign the Services or any portion of the Services of this Agreement without abiding by the applicable provisions of the Minnesota Department of Transportation Standard Specifications for Construction, Section 1801. 18. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 7 CITY OF COTTAGE GROVE By: Myron A. Bailey, Mayor By: Tamara Anderson, City Clerk Date: CONTRACTOR Signature: Name: Adam Buck Its: Owner, Pathfinder Trail Building Date: Feb. 3, 2026 1 City Council Action Request 7.O. Meeting Date 3/4/2026 Department Parks and Recreation Agenda Category Action Item Title Kingston ECP Grant Application Staff Recommendation Authorize staff to apply for a MN DNR Expedited Conservation Partners grant for Kingston Park native habitat restoration in the amount of $75,000. Budget Implication $75,000 ECP Grant with 10% match. Attachments 1. Memo-Kingston ECP Grant Application final To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Zac Dockter, Parks and Recreation Director Date: February 24, 2026 Subject: Kingston Park Native Landscape Restoration Grant Introduction/Background The City performed a habitat restoration project for Kingston Park open spaces in 2019 under a Minnesota Department of Natural Resources (MN DNR) Conservation Partners Grant. The grant was successfully completed, and the ecosystem is much improved. However, after five growing seasons the project team believes there is further work needed to boost the native prairie and woodland plant populations. The MN DNR offers an Expedited Conservation Partners Grant (ECP) program that is a good fit to bring this restoration project to completion. Staff is proposing to apply for the ECP grant as follows: Kingston Park Budget - DRAFT 2026 ECP Grant Budget Restoration Activity/Task Units Quantity Unit Cost TOTAL Match CPL Grant request Woodland/Savanna (13.9 ac.) Native woodland edge enrichment seed/seeding2 AC 13.9 $645 $8,966 $0 $8,966 Grow-in spot herbicide (5 x 13.9 ac.) AC 55.6 $170 $9,452 $0 $9,452 SUBTOTAL $18,418 $0 $18,418 Prairie Restoration (23.2 ac.) Site preparation prescribed burn (prairie) EA 1 $10,278 $10,278 $0 $10,278 Diverse Prairie seed/seeding2 AC 23.2 $895 $20,764 $0 $20,764 Dormant season and/or Growing Season Spot Mowing (CITY 3x) AC 69.6 $70 $4,872 $4,872 $0 Grow-in prescribed burn (prairie) EA 1 $10,460 $10,460 $0 $10,460 Grow-in spot herbicide (5 x 23.2 ac.) AC 116 $130 $15,080 $0 $15,080 SUBTOTAL $61,454 $4,872 $56,582 Grant Administration (20 hours @$75/hr) EA 1 $2,628 $2,628 $2,628 $0 TOTAL $82,500 $7,500 $75,000 *assumes City mows (@$60/ac.) 2Seeding by contractor includes labor & equipment and high diversity, local native seed mix Prescribed burn activities include burn plan preparation approvals & permits, burn break preparation, & conducting burns Staff Recommendation Authorize staff to apply for a MN DNR Expedited Conservation Partners grant for Kingston Park native habitat restoration in the amount of $75,000. 1 City Council Action Request 7.P. Meeting Date 3/4/2026 Department Parks and Recreation Agenda Category Action Item Title Ice Arena Kraus-Anderson Agreement Staff Recommendation Authorize Construction Manager as Adviser AIA C132 contract with Kraus Anderson for preconstruction services in the amount of $10,000 and preconstruction administration and management fee equal to 2.25% (estimated at $91,842) of the project costs for the Ice Arena Remodel Project. Budget Implication Preconstruction Services ($10,000 flat fee & Preconstruction Administration and Management Fee - $91,842) - Ice Arena Capital Funds. Attachments 1. Council Memo-Kraus Anderson Proposal 2. _Owner Contract - CG Ice Arena Lobby Renovation To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Zac Dockter, Parks and Recreation Director Date: February 25, 2026 Subject: Ice Arena Remodel Project – Contract for Construction Management Services Background On February 4, 2026, City Council authorized final design services with Oertel Architects for the Ice Arena Remodel Project. As the project team moves toward completion of design work, staff is proposing to secure construction management services for project delivery. This would be a similar approach to other building projects such as Glacial Valley Park, Woodridge Park, Hamlet Park, Oakwood Park, River Oaks Kitchen Expansion, Kingston Park and several Ice Arena construction projects. Discussion There are three models for delivering municipal building projects that are allowed by State Statute: Construction Manager as Adviser, Construction Management at Risk, and Design-Bid-Build. Staff is recommending the Construction Manager as Adviser option. In the Construction Management as Adviser (CMA) model, the Owner has a contract with an entity that provides consultation through design phase, manages cost estimating of the project to stay on budget, and ultimately bids out all of the project divisions individually. The City will hold all contracts with each subcontractor. However, the Construction Manager acts as the City’s dedicated representative to legally act on behalf of the City to prepare and manage contracts, make project-specific decisions, and authorize documents needed to procure materials, labor and services. All contracts, change orders and pay requests require written authorization from the City. The CMA model allows the City to infuse construction technical support to help control costs, manage the project budget, provide transparency through construction and keep a hands-on approach throughout the bidding, construction and turnover processes. Staff is recommending Kraus Anderson be hired as Construction Manager for the Ice Arena Remodel Project project. Their team’s project management experience and commitment to customer service has been proven with their long resume of similar municipal projects. Examples of local projects completed by Kraus Anderson include: Cottage Grove Ice Arena Construction/Expansion Cottage Grove Ice Arena Locker Room Expansion Central Fire Station River Oaks Kitchen Expansion Oltman Middle School Construction Washington County South Service Center Construction Glacial Valley Park Building Cottage Grove Utilities and Engineering Facility Fee Staff Recommendation Document C132®–2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 1 ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form.An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition;A232™–2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition;and B132™–2019,Standard Form of Agreement Between Owner and Architect,Construction Manager as Adviser Edition. AIA Document A232™–2019 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 18th day of February in the year 2026 (In words,indicate day,month and year.) BETWEEN the Owner: (Name,legal status,address,and other information) City of Cottage Grove 12800 Ravine Parkway South Cottage Grove,MN 55016 and the Construction Manager: (Name,legal status,address,and other information) Kraus-Anderson Construction Company 501 South 8th Street Minneapolis,MN 55404 for the following Project: (Name,location,and detailed description) Cottage Grove Ice Arena –Lobby Renovation 8020 80th Street South Cottage Grove,MN 55016 The Architect: (Name,legal status,address,and other information) Oertel Architects,LTD. 1795 Saint Clair Avenue St.Paul,MN 55105 The Owner and Construction Manager agree as follows. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 2 TABLE OF ARTICLES 1     INITIAL INFORMATION 2     CONSTRUCTION MANAGER’S RESPONSIBILITIES 3     SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES 4     SUPPLEMENTAL AND ADDITIONAL SERVICES 5     OWNER’S RESPONSIBILITIES 6     COST OF THE WORK 7     COPYRIGHTS AND LICENSES 8     CLAIMS AND DISPUTES 9     TERMINATION OR SUSPENSION 10     MISCELLANEOUS PROVISIONS 11     COMPENSATION 12     SPECIAL TERMS AND CONDITIONS 13     SCOPE OF THE AGREEMENT ARTICLE 1   INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section,insert the information or a statement such as “not applicable”or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program,identify documentation that establishes the Owner’s program,or state the manner in which the program will be developed.) Renovation of the main lobby,offices,concessions and associated spaces within the existing Cottage Grove Ice Arena § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site,etc.) See Section 1.1.1 § 1.1.3 The Owner’s budget for the Cost of the Work,as defined in Section 6.1: (Provide total and,if known,a line item breakdown.) § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1     Design phase milestone dates,if any: .2     Construction commencement date: AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 3 Anticipated to be March 2027,pending the receipt of all applicable permits .3     Substantial Completion date or dates: .4     Other milestone dates: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) Multiple Prime Contracts § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction,multiple bid packages,or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and,if applicable,list number and type of bid/procurement packages.) § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project,if any.) § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall endeavor to define the terms,conditions and services related to the Owner’s Sustainable Objective and may complete and incorporate AIA Document E235™–2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,into this Agreement.If E235–2019 is incorporated into this Agreement,the Owner and Construction Manager shall incorporate the completed E235–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) § 1.1.9 The Owner identifies the following representative in accordance with Section 5.5: (List name,address,and other contact information.) Zac Dockter City of Cottage Grove –Parks &Recreation Director 12800 Ravine Parkway South Cottage Grove,MN 55016 651.458.2808 zdockter@cottagegrovemn.gov § 1.1.10 The persons or entities,in addition to the Owner’s representative,who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name,address,and other contact information.) § 1.1.11 The Owner shall retain the following consultants and Contractors: (List name,legal status,address,and other contact information.) .1     Land Surveyor: AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 4 .2     Geotechnical Engineer: .3     Civil Engineer: .4     Contractors,as defined in Section 1.4: .5     Separate Contractors,as defined in Section 1.4: .6     Other,if any: (List any other consultants retained by the Owner.) § 1.1.12 The Construction Manager identifies the following representative in accordance with Section 2.5: (List name,address,and other contact information.) Mike Phillips Sr.Project Manager Kraus-Anderson Construction Company 501 South 8th Street Minneapolis,MN 55404 651.447.3247 mike.phillips@krausanderson.com § 1.1.13 The Construction Manager’s staffing plan as required under Section 3.3.3 shall include: (List any specific requirements and personnel to be included in the staffing plan,if known.) § 1.1.14 The Construction Manager’s consultants retained under Basic Services,if any: (List name,legal status,address,and other contact information of any consultants.) § 1.1.15 The Construction Manager’s consultants retained under Supplemental Services: AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 5 § 1.1.16 Other Initial Information on which this Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Construction Manager shall,by appropriate written agreement appropriately adjust the Construction Manager’s services,schedule for the Construction Manager’s services,and the Construction Manager’s compensation.The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The Construction Manager shall assist the Owner and Architect in establishing protocols governing the transmission and use of,and reliance on,Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. § 1.4 The term “Contractors”refers to persons or entities who perform Work under contracts with the Owner that are administered by the Construction Manager and Architect.The term “Contractors”is used to refer to such persons or entities,whether singular or plural.The term does not include the Owner’s own forces,or Separate Contractors,which are persons or entities who perform construction under separate contracts with the Owner not administered by the Construction Manager and Architect. ARTICLE 2   CONSTRUCTION MANAGER’S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances.The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition.The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner,the Architect,the Contractors,and the Owner’s other consultants and Separate Contractors.The Construction Manager shall be entitled to rely on,and shall not be responsible for,the accuracy and completeness of services and information furnished by the Owner,the Architect,and the Owner’s other consultants and Separate Contractors.The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error,omission,or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager,as soon as practicable after execution of the Agreement,shall notify the Owner in writing of the names and qualifications of its proposed key staff members.Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members,the Owner may reply to the Construction Manager in writing,stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review.Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection.The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection.The Construction Manager shall not change its key staff members without the Owner’s consent,which shall not be unreasonably withheld or delayed. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 6 § 2.7 Except with the Owner’s knowledge and consent,the Construction Manager shall not engage in any activity, or accept any employment,interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintains,the Owner shall pay the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits of not less than One Million and 00/100 Dollars ($1,000,000.00)for each occurrence and Two Million and 00/100 Dollars ($2,000,000.00)in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than One Million and 00/100 Dollars ($1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.8.4 Workers’Compensation at statutory limits and Employers Liability with policy limits not less than Five Hundred Thousand and 00/100 Dollars ($500,000.00)each accident,Five Hundred Thousand and 00/100 Dollars ($500,000.00)each employee,and Five Hundred Thousand and 00/100 Dollars ($500,000.00)policy limit. § 2.8.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than Five Million and 00/100 Dollars ($5,000,000.00)per claim and Five Million and 00/100 Dollars ($5,000,000.00)in the aggregate. § 2.8.6 Reserved. § 2.8.7 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.8. § 2.9 The Construction Manager shall assist the Owner,Architect,and other Project participants in establishing protocols for the development,use,transmission,reliance,and exchange of digital data,including building information models for the Project. § 2.10 If a centralized electronic document management system will be used on the Project,the Construction Manager shall be responsible for managing and maintaining the centralized electronic document management system. § 2.11 The Construction Manager shall retain all Project related documents and information it receives,and the Owner and Architect shall have access to the documents and information.The Construction Manager shall transmit the documents and information to the Owner at final completion. ARTICLE 3   SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES § 3.1 Definition The Construction Manager’s Basic Services consist of those described in this Article 3,and include usual and customary Preconstruction and Construction Phase Services.Services not set forth in this Article 3 are Supplemental or Additional Services.The Owner,Construction Manager,and Contractors may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently. § 3.2 Preconstruction Phase AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 7 § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner’s program provided by the Architect,to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program,schedule and construction budget requirements,each in terms of the other. § 3.2.3 The Construction Manager shall prepare,and deliver to the Owner,for the Owner’s approval,a written Construction Management Plan that includes,at a minimum,the following:(1)preliminary evaluations required in Section 3.2.2,(2)a Project schedule,(3)cost estimates,(4)recommendations for Project delivery method,and (5) Contractors’scopes of Work.The Construction Manager shall periodically update the Construction Management Plan,for the Owner’s approval,over the course of the Project. § 3.2.4 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect’s review and the Owner’s acceptance.The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services.The Project schedule shall coordinate and integrate the Construction Manager’s services,the Architect’s services,other Owner consultants’services,and the Owner’s responsibilities and highlight items that affect the Project’s timely completion. § 3.2.5 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction,times of commencement and completion required of each Contractor,ordering and delivery of products,including those that must be ordered in advance of construction,obtaining the required reviews and approvals of authorities having jurisdiction over the Project,and the occupancy requirements of the Owner. § 3.2.6 Based on the preliminary design and information prepared or provided by the Architect and other Owner consultants,the Construction Manager shall prepare,for the Architect’s review and Owner’s approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume or similar conceptual estimating techniques,including the establishment of sufficient contingency to reasonably anticipate the development of the Project’s design documents. § 3.2.7 The Construction Manager shall review design documents during their development and advise the Owner and Architect on proposed site use and improvements,selection of materials,building systems,and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability;availability of materials and labor;sequencing for phased construction; time requirements for procurement,installation and construction;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions. § 3.2.8 The Construction Manager shall review recommendations for systems,materials,or equipment for the impact upon cost,schedule,sequencing,constructability,and coordination among the Contractors.The Construction Manager shall discuss its findings with the Owner and the Architect,and assist the Owner and Architect with resolution,as necessary,of any such impacts. § 3.2.9 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement.The Construction Manager shall include in the estimate those costs to allow for further development of the design,bidding or negotiating,price escalation,and market conditions.The estimate shall be provided for the Architect’s review and the Owner’s approval.The Construction Manager shall inform the Owner and Architect in the event that the estimate of Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. § 3.2.10 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that the design,or details,adversely affect cost, scope,schedule,constructability,or quality of the Project. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 8 § 3.2.11 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment,materials and services for common use of the Contractors.The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.12 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.13 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual contracts for the construction of various categories of Work,including the method to be used for selecting Contractors and awarding Contracts for Construction.The Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1)the Work of the Contractors is coordinated,(2)all requirements for the Project are assigned to the appropriate Contract,(3)the likelihood of jurisdictional disputes is minimized,and (4)proper coordination is provided for phased construction. § 3.2.14 The Construction Manager shall make recommendations about,and coordinate the ordering and delivery of,materials in support of the schedule,including those that must be ordered in advance of construction. § 3.2.15 The Construction Manager shall assist the Owner in selecting,retaining,and coordinating the professional services of surveyors,geotechnical engineers,special consultants,and construction materials testing required for the Project. § 3.2.16 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases.The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.17 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs,and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents. § 3.2.18 Following the Owner’s approval of the Drawings and Specifications,the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect’s review and the Owner’s approval. § 3.2.19 The Construction Manager,in consultation with the Owner,shall develop bidders’interest in the Project and establish bidding schedules.The Construction Manager shall assist the Owner and the Architect with the development of the Bidding Documents,which consist of bidding requirements and proposed Contract Documents.The Construction Manager,with the assistance of the Architect,shall issue Bidding Documents to bidders and conduct pre-bid conferences with prospective bidders.The Construction Manager shall issue the current Project schedule with each set of Bidding Documents.The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall submit a list of prospective bidders for the Architect’s review and the Owner’s approval. § 3.2.21 The Construction Manager,with the assistance of the Architect,shall review bids,and prepare bid analyses,and make recommendations to the Owner for the Owner’s award of Contracts for Construction or rejection of bids. § 3.2.22 The Construction Manager,with the assistance of the Architect,shall assist the Owner in preparing Contracts for Construction.The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors.The Owner will review and approve contracts consistent with the Owner’s approval process. § 3.2.23 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements,except for permits required to be obtained directly by the Contractors.The Construction Manager shall verify that the Owner has paid applicable fees and assessments.The Construction Manager shall assist the Owner and Architect in connection with the Owner’s responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 9 § 3.2.24 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall fulfill its Preconstruction Phase responsibilities per the agreed-upon terms,conditions and services related to the Owner’s Sustainable Objective. § 3.3 Construction Phase § 3.3.1 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232™–2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition.If the Owner and Contractor modify AIA Document A232–2019,those modifications shall not affect the Construction Manager’s services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.2 Subject to Section 4.2 and except as provided in Section 3.3.30,the Construction Manager’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.4 The Construction Manager shall provide administrative,management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager,the Owner and the Architect.The Construction Manager shall coordinate the activities of the Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 The Construction Manager shall review and analyze the construction schedules provided by the Contractors to update the Project schedule,incorporating the activities of the Owner,Architect,and Contractors on the Project,including activity sequences and durations,allocation of labor and materials,processing of Shop Drawings,Product Data and Samples,and delivery and procurement of products,including those that must be ordered in advance of construction.The Project schedule shall include the Owner’s occupancy requirements showing portions of the Project having occupancy priority.The Construction Manager shall update and reissue the Project schedule as required to show current conditions.If an update indicates that the previously approved Project schedule may not be met,the Construction Manager shall recommend corrective action to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss matters such as procedures, progress,coordination,and scheduling of the Work,and to develop solutions to issues identified.The Construction Manager shall prepare and promptly distribute minutes to the Owner,Architect and Contractors. § 3.3.7 In accordance with the Contract Documents and the latest approved Project schedule,and utilizing information from the Contractors,the Construction Manager shall review,analyze,schedule and coordinate the overall sequence of construction and assignment of space in areas where the Contractors are performing Work. § 3.3.8 The Construction Manager shall coordinate all tests and inspections required by the Contract Documents or governmental authorities,observe the on-site testing and inspections,and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual costs and budgeted or estimated costs.If a Contractor is required to submit a Control Estimate,the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate.The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented.The Construction Manager shall also report the Contractor’s cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project and include them in the Construction Manager’s progress reports. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 10 § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs,additional Work performed on the basis of actual costs of labor and materials,and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly,the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1     Where there is only one Contractor responsible for performing the Work,the Construction Manager shall,within seven days after the Construction Manager receives the Contractor’s Application for Payment,review the Application,certify the amount the Construction Manager determines is due the Contractor,and forward the Contractor’s Application and Certificate for Payment to the Architect. .2     Where there is more than one Contractor responsible for performing different portions of the Project,the Construction Manager shall,within seven days after the Construction Manager receives each Contractor’s Application for Payment:(1)review the Applications and certify the amount the Construction Manager determines is due each Contractor;(2)prepare a Summary of Contractors’ Applications for Payment by summarizing information from each Contractor’s Application for Payment;(3)prepare a Project Application and Certificate for Payment;(4)certify the total amount the Construction Manager determines is due all Contractors collectively;and (5)forward the Summary of Contractors’Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment,that,to the best of the Construction Manager’s knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents, and the Contractors are entitled to payment in the amount certified.The foregoing representations are subject to (1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion;(2) results of subsequent tests and inspections;(3)correction of minor deviations from the Contract Documents prior to completion;and (4)specific qualifications expressed by the Construction Manager.The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means, methods,techniques,procedures,or sequences for a Contractor’s own Work;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment;or (4)ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall obtain and review the safety programs developed by each Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations for any additional safety measures to be considered in the Work of the Contractors.The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors,Subcontractors,agents or employees of the Contractors or Subcontractors,or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner,Contractor and Architect of defects and deficiencies in the Work.The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection.The failure of the Construction Manager to reject Work shall not constitute acceptance of the Work.The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.22.1.Upon written authorization from the AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 11 Owner,the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated, installed or completed,and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services.The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Construction Manager shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work of each of the Contractors,since these are solely the Contractor’s rights and responsibilities under the Contract Documents.The Construction Manager shall not be responsible for a Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents.The Construction Manager shall be responsible to the Owner for the Construction Manager’s negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractors,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations,and requests for information of the meaning and intent of the Drawings and Specifications.The Construction Manager shall assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes,assist in negotiating Contractors’proposals, submit recommendations to the Architect and Owner,and,if the proposed changes are accepted or required by the Owner,prepare Change Orders or Construction Change Directives that incorporate the Architect’s modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review,evaluation and documentation of Claims,subject to Section 4.2.2.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor,the Construction Manager shall prepare, and revise as necessary,a Project submittal schedule incorporating information from the Owner,Owner’s consultants,Owner’s Separate Contractors and vendors,governmental agencies,and participants in the Project under the management of the Construction Manager.The Project submittal schedule and any revisions shall be submitted to the Architect for approval. § 3.3.20 The Construction Manager shall promptly review all Shop Drawings,Product Data,Samples,and other submittals from the Contractors for compliance with the submittal requirements of the Contract,coordinate submittals with information contained in related documents,and transmit to the Architect those that the Construction Manager recommends for approval.The Construction Manager’s actions shall be taken in accordance with the Project submittal schedule approved by the Architect,or in the absence of an approved Project submittal schedule,with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractors, the Owner,or the Architect. § 3.3.20.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractors by the Contract Documents,the Construction Manager shall review those submittals for sequencing,constructability,and coordination impacts on the other Contractors.The Construction Manager shall discuss its findings with the Owner and the Architect,and assist the Owner and the Architect with resolution,as necessary,of any such impacts. § 3.3.21 The Construction Manager shall keep a daily log containing a record of weather,each Contractor’s Work on the site,number of workers,identification of equipment,Work accomplished,problems encountered,and other similar relevant data as the Owner may require. § 3.3.21.1 The Construction Manager shall collect,review for accuracy,and compile the Contractors’daily logs; and include them in the Construction Manager’s reports prepared and submitted in accordance with section 3.3.21.2. § 3.3.21.2 The Construction Manager shall record the progress of the Project.On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 12 Architect,showing percentages of completion and other information identified below: .1     Work completed for the period; .2     Project schedule status; .3     Submittal schedule and status report,including a summary of remaining and outstanding submittals; .4     Request for information,Change Order,and Construction Change Directive status reports; .5     Tests and inspection reports; .6     Status report of nonconforming and rejected Work; .7     Daily logs; .8     Summary of all Contractors’Applications for Payment; .9     Cumulative total of the Cost of the Work to date including the Construction Manager’s compensation and reimbursable expenses at the job site,if any; .10   Cash-flow and forecast reports; .11   Photographs to document the progress of the Project; .12   Status reports on permits and approvals of authorities having jurisdiction;and .13   Any other items the Owner may require: § 3.3.21.3 In addition,for Projects constructed on the basis of the Cost of the Work,the Construction Manager shall include the following additional information in its progress reports: .1     Contractors’work force reports; .2     Equipment utilization report; .3     Cost summary,comparing actual costs to updated cost estimates;and .4     Any other items as the Owner may require: § 3.3.22 Utilizing the documents provided by the Contractors,the Construction Manager shall make available,at the Project site,the Contract Documents,including Change Orders,Construction Change Directives,and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals.These shall be in electronic form or paper copy,available to the Owner,Architect,and Contractors.Upon completion of the Project,the Construction Manager shall deliver them to the Owner. § 3.3.23 The Construction Manager shall arrange for the delivery,storage,protection and security of Owner- purchased materials,systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.24 With the Owner’s maintenance personnel,the Construction Manager shall observe the Contractors’final testing and start-up of utilities,operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.25 When the Construction Manager considers each Contractor’s Work or a designated portion thereof substantially complete,the Construction Manager shall,jointly with that Contractor,prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion.The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.26 When the Work of all of the Contractors,or designated portion thereof,is substantially complete,the Construction Manager shall prepare,and the Construction Manager and Architect shall execute,a Certificate of Substantial Completion.The Construction Manager shall submit the executed Certificate to the Owner and Contractors.The Construction Manager shall coordinate the correction and completion of the Work.Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof,the Construction Manager shall perform an inspection to confirm the completion of the Work of the Contractors and make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection.The Construction Manager shall assist the Architect in conducting the final inspection. § 3.3.27 The Construction Manager shall forward to the Owner,with a copy to the Architect,the following information received from the Contractors:(1)certificates of insurance ;(2)consent of surety or sureties,if any,to AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 13 reduction in or partial release of retainage or the making of final payment;(3)affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and (4)any other documentation required of the Contractors under the Contract Documents,including warranties and similar submittals. § 3.3.28 The Construction Manager shall coordinate receipt,and delivery to the Owner,of other items provided by the Contractors,such as keys,manuals,and record drawings.The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment,or a final Application for Payment and final Certificate for Payment,upon the Contractors’compliance with the requirements of the Contract Documents. § 3.3.29 Duties,responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner and Construction Manager.Consent shall not be unreasonably withheld. § 3.3.30 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Construction Manager shall,without additional compensation,conduct a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4   SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Construction Manager shall provide the listed Supplemental Services only if specifically designated in the table below as the Construction Manager’s responsibility,and the Owner shall compensate the Construction Manager as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Construction Manager is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Construction Manager’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Construction Manager or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Construction Manager,Owner or not provided) § 4.1.1.1     Measured drawings Owner § 4.1.1.2     Tenant-related services Owner,if required § 4.1.1.3     Commissioning Owner,if required § 4.1.1.4     Development of a commissioning plan Owner,if required § 4.1.1.5     Sustainable Project Services pursuant to Section 4.1.3 N/A § 4.1.1.6     Furniture,furnishings and equipment delivery,and installation coordination Construction Manager,if required § 4.1.1.7     Furniture,furnishings and equipment procurement assistance N/A § 4.1.1.8     Assistance with site selection N/A § 4.1.1.9     Assistance with selection of the Architect Owner § 4.1.1.10     Furnish land survey Owner,if required § 4.1.1.11     Furnish geotechnical engineering services Owner § 4.1.1.12     Provide insurance advice Owner,if required § 4.1.1.13     Provide supplemental Project risk analysis and mitigation strategies Owner,if required § 4.1.1.14     Stakeholder relationships management N/A § 4.1.1.15     Owner moving coordination N/A § 4.1.1.16     Coordination of Owner’s Separate Contractors Construction Manager,if required § 4.1.1.17     Other Supplemental Services N/A § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Construction Manager’s AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 14 responsibility is provided below. (Describe in detail the Construction Manager’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit,identify the exhibit.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall provide,as a Supplemental Service,the Sustainability Services per the agreed-upon terms,conditions and services related to the Owner’s Sustainable Objective.The Owner shall compensate the Construction Manager as provided in Section 11.2. § 4.2 Construction Manager’s Additional Services The Construction Manager may provide Additional Services after execution of this Agreement,without invalidating this Agreement.Except to the extent services are required due to the fault of the Construction Manager,any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.2.2 Upon recognizing the need to perform the following Additional Services,the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Construction Manager shall not proceed to provide the following Additional Services until the Construction Manager receives the Owner’s written authorization: .1     Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner’s schedule or budget for Cost of the Work,or procurement or delivery method,or bid packages in addition to those listed in Section 1.1.6.Services necessitated by sections 6.4 and 6.6 shall not be considered additional services; .2     Services necessitated by the enactment or revision of codes,laws,regulations or official interpretations after the date of this Agreement; .3     Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s other consultants or contractors; .4     Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .5     Preparation for,and attendance at,a public presentation,meeting or hearing; .6     Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Construction Manager is party thereto; .7     Consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work;or .8     Assistance to the Initial Decision Maker. § 4.2.3 To avoid delay in the Construction Phase,the Construction Manager shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,upon receipt of the Construction Manager’s notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Construction Manager of the Owner’s determination.The Owner shall compensate the Construction Manager for the services provided prior to the Construction Manager’s receipt of the Owner’s notice: .1     Providing assistance to the Initial Decision Maker in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work. .2     Services required in an emergency to coordinate the activities of a Contractor or Contractors in the event of risk of personal injury or serious property damage,consistent with Section 3.3.15. § 4.2.4 Except for services required under Section 3.3.30,Construction Phase Services provided more than 60 days after (1)the date of Substantial Completion of the Work,or (2)the anticipated date of Substantial Completion identified in the Initial Information,whichever is earlier,shall be compensated as Additional Services AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 15 to the extent the Construction Manager incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within seventeen (17 )months of the date of this Agreement,through no fault of the Construction Manager,extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. ARTICLE 5   OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program,which shall set forth the Owner’s objectives;schedule;constraints and criteria;special equipment;systems;and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project,including (1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner’s other costs;and (3)reasonable contingencies related to all of these costs.The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner acknowledges that accelerated,phased,or fast-track design and construction provides a benefit, but also carries with it the risk of additional costs.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B132–2019,Standard Form of Agreement Between Owner and Architect,Construction Manager as Adviser Edition.The Owner shall provide the Construction Manager with a copy of the scope of services in the agreement executed between the Owner and Architect,and any further modifications to the Architect’s scope of services in the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager’s services. § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager,the Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries,and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private, above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager,the Owner shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager.Upon the Construction Manager’s request,the Owner shall furnish copies of the scope of AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 16 services in the contracts between the Owner and the Owner’s consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement,or authorize the Construction Manager to furnish them as an Additional Service,when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.11 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.12 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.13 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect’s Instruments of Service or any fault or defect in the Construction Manager’s services. § 5.14 The Owner reserves the right to perform construction and operations related to the Project with the Owner’s own forces,and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement.The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager’s ability to perform the Construction Manager’s responsibilities under this Agreement.When performing construction or operations related to the Project,the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents.The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.16 Before executing the Contracts for Construction,the Owner shall coordinate the Construction Manager’s duties and responsibilities set forth in the Contracts for Construction with the Construction Manager’s services set forth in this Agreement.The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors,including the General Conditions of the Contracts for Construction. § 5.17 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractors to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.18 Within 15 days after receipt of a written request from the Construction Manager,the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate,give notice of,or enforce lien rights. § 5.19 The services,information and reports provided by the Owner pursuant to this Article 5 shall be provided at the Owner’s expense,and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 6   COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’general conditions costs,overhead and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only,including compensation for reimbursable expenses at the job site,if any.The Cost of the Work does not include the compensation of the Architect;the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information,and shall be adjusted AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 17 throughout the Project as required under Sections 5.2 and 6.4.Evaluations of the Owner’s budget for the Cost of the Work,and the estimates of the Cost of the Work prepared by the Construction Manager,represent the Construction Manager’s judgment as a person or entity familiar with the construction industry.It is recognized, however,that neither the Construction Manager nor the Owner has control over the cost of labor,materials;or equipment;the Contractors’methods of determining bid prices;or competitive bidding,market,or negotiating conditions.Accordingly,the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Construction Manager. § 6.3 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates,the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work,the Construction Manager,in consultation with the Architect,shall make appropriate recommendations to the Owner to adjust the Project’s size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work,the Owner shall .1     give written approval of an increase in the budget for the Cost of the Work; .2     terminate in accordance with Section 9.5; .3     in consultation with the Construction Manager and Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4     implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to revise the Project program,scope,or quality to reduce the Cost of the Work pursuant to Section 6.5.3,or if the bids or proposals received from the prospective Contractors,in the aggregate, exceed the Owner’s budget for the Cost of the Work,and the Owner chooses to revise the Project program,scope, or quality to reduce the Cost of the Work ,the Construction Manager shall cooperate with the Owner and Architect to develop the necessary revisions,update the cost estimate,and obtain additional bids.The Construction Manager will perform the services described in Sections 6.4 and 6.6 without additional compensation. ARTICLE 7   COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager’s consultants,if any,shall not own or claim a copyright in the Instruments of Service.The Construction Manager,the Construction Manager’s consultants,if any,and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. ARTICLE 8   CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Construction Manager waive all rights against each other and against the contractors,consultants,agents,and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction.The Owner or the Construction Manager,as appropriate, shall require of the contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 18 reasonable attorneys’fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Construction Manager,its employees and its consultants in the performance of professional services under this Agreement.The Construction Manager’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend.The Construction Manager’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims,disputes,or other matters in question,arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party’s termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Construction Manager’s services,the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims,disputes and other matters in question between them by mediation.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) []     Arbitration pursuant to Section 8.3 of this Agreement [X ]     Litigation in a court of competent jurisdiction []     Other:(Specify) If the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. § 8.3 Reserved § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9   TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Construction Manager’s option,cause for suspension of performance of services under this Agreement.If the Construction Manager elects to suspend services,the Construction Manager shall give seven days’written notice to the Owner before suspending services.In the event of a suspension of services,the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 19 resuming services,the Owner shall pay the Construction Manager all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager’s services.The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Construction Manager shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager’s services.The Construction Manager’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager,the Construction Manager may terminate this Agreement by giving not less than seven days’written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’written notice to the Construction Manager for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Construction Manager terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Construction Manager for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination. § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Construction Manager terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Construction Manager the following termination fee: (Set forth below the amount of any termination fee,or the method for determining any termination fee.) 2.25%of the Cost of the Work not completed as of the date of termination. § 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10   MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction’s choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019,General Conditions of the Contract for Construction,except for purposes of this Agreement,the term “Work”shall include the work of all Contractors under the administration of the Construction Manager and the Architect. § 10.3 The Owner and Construction Manager,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement,including any payments due to the Construction Manager by the Owner prior to the assignment. § 10.4 If the Owner requests the Construction Manager to execute certificates,the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution.If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender,the Construction Manager shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution.The Construction Manager shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 20 favor of,a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement,the Construction Manager shall have no responsibility for the discovery,presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager’s promotional and professional materials.The Construction Manager shall provide professional credit for the Architect and the Contractors in the Construction Manager’s promotional materials for the Project.The Construction Manager shall be given reasonable access to the completed Project to make such representations.However,the Construction Manager’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Construction Manager in the Owner’s promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Construction Manager or Owner receives information specifically designated as “confidential”or “business proprietary,”the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential"or "business proprietary"information after 7 days’notice to the other party,when required by law,arbitrator’s order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees,consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties’intentions and purposes in executing the Agreement. ARTICLE 11   COMPENSATION § 11.1 For the Construction Manager’s Basic Services described under Article 3,the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of,or basis for,compensation,including stipulated sums,multiples or percentages.) Lump Sum of $10,000.00 for thirteen (13)months of Preconstruction Phase Services from the date of this Agreement.Should the Preconstruction Phase exceed the above period,the Construction Manager’s time shall be billed at the Construction Manager’s usual hourly rates or the hourly rates set forth in Section 11.5. § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of,or basis for,compensation,including stipulated sums,multiples or percentages.) The Construction Manager shall be paid (i)a fee of 2.25%of the Cost of the Work defined in Article 6,(ii)the Construction Manager’s costs for administrating and managing the Project at the hourly rates set forth in Section 11.5.1,(iii)the costs of Construction Manager’s field labor for general conditions work at the hourly rates set forth in section 11.5.2,and (iv)any Reimbursable Expenses.Once the project has been sufficiently defined after the Preconstruction Phase,the Owner and Construction Manager shall execute an Amendment setting forth the Construction Manager’s compensation for the Construct Phase of the Project as described herein.Any Construction Phase services performed prior to execution of the Amendment shall be billed at the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 21 § 11.2 For the Construction Manager’s Supplemental Services designated in Section 4.1.1,and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Construction Manager as follows: (Insert amount of,or basis for,compensation.If necessary,list specific services to which particular methods of compensation apply.) At the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of,or basis for,compensation.) At the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager’s consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Construction Manager plus two and one- quarter percent (2.25 %),or as follows: (Insert amount of,or basis for computing,Construction Manager’s consultants’compensation for Supplemental or Additional Services.) § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager’s consultants are set forth below.The rates shall be adjusted in accordance with the Construction Manager’s and Construction Manager’s consultants’normal review practices. (If applicable,attach an exhibit of hourly billing rates or insert them below.) § 11.5.1 Hourly Rates for administrative and management personnel: Personnel Category Rate Per Hour Project Director/VP/DOO $227.00 /hour Sr.Project Manager/Construction Exec./Project Exec.$191.00 /hour Project Manager $170.00 /hour Assistant Project Manager $144.00 /hour Project Engineer/Field Engineer $124.00 /hour Director of Preconstruction $191.00 /hour Preconstruction Manager $170.00 /hour Estimator $165.00 /hour Assistant Estimator $122.00 /hour Project Intern $67.00 /hour Safety Director $177.00 /hour Safety Engineer/Safety Manager $161.00 /hour Quality Director $206.00 /hour Quality Manager $185.00 /hour MEP Specialist $178.00 /hour VDC/BIM $148.00 /hour General Superintendent $185.00 /hour Field Superintendent $167.00 /hour Assistant Superintendent $144.00 /hour Project Coordinator/Accountant/Marketing $84.00 /hour Computer/IT $108.00 /hour Yard Delivery $140.00 /hour The rates set forth above shall be in effect through December 31,2027.Thereafter the rates shall be increased by three percent (3.0%)per year as of January 1 of each subsequent year. AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 22 § 11.5.2 Regular Hourly Rates for field labor personnel for any miscellaneous general requirements or general conditions-type work: Personnel Category Rate Per Hour Carpenter -Journeyman $114.10 /hour Carpenter -Foreman $119.57 /hour Carpenter –General Foreman $124.68 /hour Laborer -Journeyman $104.39 /hour Laborer -Foreman $104.76 /hour Operator –G1 $118.55 /hour Operator –G2 $117.95 /hour Operator –G3 $115.53 /hour Operator –G4 $114.97 /hour Operator –G5 $111.67 /hour Operator –G6 $109.10 /hour Operator –G7 $107.17 /hour Operator –G8 $103.72 /hour The rates set forth above shall be increased in accordance with the terms of any applicable collective bargaining agreement. The rates for any miscellaneous tool or equipment rentals shall be at the rates set forth in Exhibit A. § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager’s consultants directly related to the Project,as follows: .1     Transportation and authorized out-of-town travel and subsistence; .2     Long distance services,dedicated data and communication services,teleconferences,Project web sites,and extranets; .3     Permitting and other fees required by authorities having jurisdiction over the Project; .4     Printing,reproductions,plots,and standard form documents; .5     Postage,handling,and delivery; .6     Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7     Professional photography,and presentation materials requested by the Owner; .8      All taxes levied on professional services and on reimbursable expenses; .9   Site office expenses; .10 General conditions expenditures; .11 General liability,professional liability,and umbrella liability insurance at a rate of 1.08%of the cost of the Construction Manager’s Preconstruction and Construction Phase services;and .12   Other similar Project-related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager’s consultants plus two and one-quarter percent (2.25 %)of the expenses incurred. § 11.7 Construction Manager’s Insurance.If the types and limits of coverage required in Section 2.8 are in addition to the types and limits the Construction Manager normally maintains,the Owner shall pay the Construction Manager for the additional costs incurred by the Construction Manager for the additional coverages as set forth below. (Insert the additional coverages the Construction Manager is required to obtain in order to satisfy the requirements set forth in Section 2.8,and for which the Owner shall reimburse the Construction Manager.) AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 23 § 11.8 Payments to the Construction Manager § 11.8.1 Initial Payment An initial payment of zero dollars ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. § 11.8.2 Progress Payments Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Construction Manager’s invoice.Amounts unpaid thirty (30)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) The rate of interest required by applicable law,or if no such rate is required by applicable law,invoices due and unpaid under this Agreement shall bear interest from the date payment is due at an annual rate of interest of two percent (2%)over the reference rate of interest from time to time announced by U.S.Bank Minneapolis,NA as its reference rate,with each change in interest rate hereunder to become effective on the date the corresponding change in such reference rate as announced by U.S.Bank Minneapolis,NA becomes effective. § 11.8.2.2 The Owner shall not withhold amounts from the Construction Manager’s compensation to impose a penalty or liquidated damages on the Construction Manager,or to offset sums requested by or paid to Contractors for the cost of changes in the Work,unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.8.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12   SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM.The Construction Manager has an agreement with DocuSign, Inc.(“DocuSign”)with respect to the DocuSign electronic signing system (the “DocuSign System”).The DocuSign System may be used to facilitate the administration and execution of the Owner’s Construction Contracts with the Multiple Prime Contractors,as well as various other Contract Documents requiring signatures.Should the Owner elect to have the Construction Manager use the DocuSign System with respect to any portion of the Project, the Owner acknowledges and agrees that (i)the Owner conducted its own independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project,(ii)the Owner did not rely on any advice,recommendations or representations of the Construction Manager in making the Owner’s independent determination to use the DocuSign System on the Project,(iii)the Construction Manager and DocuSign are not affiliated with each other and the Construction Manager does not warrant or guarantee any portion of the DocuSign System,(iv)the Construction Manager does not warrant or guarantee that the DocuSign system complies with or satisfies any legal requirements applicable to its use on the Project,and (v)to the fullest extent permitted by law,the Owner waives,and shall hold harmless and indemnify the Construction Manager from and against,all claims,causes of action,costs,expenses and damages (including reasonable attorney’s fees)arising out of or resulting from the use of the DocuSign System on the Project. ARTICLE 13   SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents identified below: .1     AIA Document C132™–2019,Standard Form Agreement Between Owner and Construction Manager as Adviser .2     Building Information Modeling Exhibit,if completed: AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 24 .3     Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) []      AIA Document E235™–2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,dated as indicated below: (Insert the date of the E235-2019 incorporated into this agreement.) []      Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement,including any exhibits identified in Section 4.1.2.) .4     Other documents: (List other documents,if any,forming part of the Agreement.) Exhibit A:Tool and Equipment Rental Rates This Agreement is entered into as of the day and year first written above.This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be deemed an original and all of which counterparts,taken together,shall constitute one and the same instrument.Delivery of an executed counterpart of a signature page of this document by facsimile,pdf or other generally accepted electronic means (e.g.,DocuSign) shall be effective as delivery of a manually executed counterpart of this document. City of Cottage Grove Kraus-Anderson®Construction Company /s1/ OWNER (Signature) BY:. /s2/ CONSTRUCTION MANAGER (Signature) BY:. /s1/ OWNER (Signature) BY:. /s2/ CONSTRUCTION MANAGER (Signature) BY:. Additions and Deletions Report for AIA®Document C132®–2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note:This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:08:29 CST on 02/25/2026. Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 1 Changes to original AIA text   PAGE 1 PAGE 2 PAGE 3 § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall endeavor to define the terms,conditions and services related to the Owner’s Sustainable Objective and may complete and incorporate AIA Document E235™–2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,into this Agreement to define the terms,conditions and services related to the Owner’s Sustainable Objective.If E235–2019 is incorporated into this Agreement,the Owner and Construction Manager shall incorporate the completed E235–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. PAGE 4 PAGE 5 Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 2 § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Construction Manager shall,by appropriate written agreement appropriately adjust the Construction Manager’s services,schedule for the Construction Manager’s services,and the Construction Manager’s compensation.The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The partiesConstruction Manager shall agree upon written assist the Owner and Architect in establishing protocols governing the transmission and use of,and reliance on,Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to written protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. PAGE 6 § 2.8.1 Commercial General Liability with policy limits of not less than ($One Million and 00/100 Dollars ($1,000,000.00)for each occurrence and ($Two Million and 00/100 Dollars ($2,000,000.00)in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than ($One Million and 00/100 Dollars ($1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.8.4 Workers’Compensation at statutory limits and Employers Liability with policy limits not less than ($ Five Hundred Thousand and 00/100 Dollars ($500,000.00)each accident,($Five Hundred Thousand and 00/100 Dollars ($500,000.00)each employee,and ($Five Hundred Thousand and 00/100 Dollars ($500,000.00)policy limit. PAGE 7 § 2.8.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services with policy limits of not less than ($Five Million and 00/100 Dollars ($5,000,000.00)per claim and ($ Five Million and 00/100 Dollars ($5,000,000.00)in the aggregate. § 2.8.6 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operationsReserved. § 2.9 The Construction Manager shall assist the Owner,Architect,and other Project participants in establishing written protocols for the development,use,transmission,reliance,and exchange of digital data,including building information models for the Project. § 2.10 AIf a centralized electronic document management system will be used on the Project,and the Construction Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 3 Manager shall be responsible for managing and maintaining the centralized electronic document management system.The centralized electronic document management system shall include the following: (List any items that are to be included in the centralized electronic management system.) PAGE 8 § 3.2.8 The Construction Manager shall review recommendations for systems,materials,or equipment for the impact upon cost,schedule,sequencing,constructability,and coordination among the Contractors.The Construction Manager shall discuss its findings with the Owner and the Architect,and coordinateassist the Owner and Architect with resolution,as necessary,of any such impacts. PAGE 9 § 3.2.22 The Construction Manager,with the assistance of the Architect,shall assist the Owner in preparing Contracts for Construction.The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors.The Owner will review and approve contracts consistent with the Owner’s approval process. § 3.2.24 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E235™–2019,Sustainable Projects Exhibit, Construction Manager as Adviser Edition,attached to this Agreementper the agreed-upon terms,conditions and services related to the Owner’s Sustainable Objective. PAGE 11 § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services.The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Construction Manager shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work of each of the Contractors,since these are solely the Contractor’s rights and responsibilities under the Contract Documents.The Construction Manager shall not be responsible for a Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents.The Construction Manager shall be responsible to the Owner for the Construction Manager’s negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Contractors,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations,and requests for information of the meaning and intent of the Drawings and Specifications,and provide its written recommendation.The Construction Manager shall assist in the resolution of questions that may arise. PAGE 12 § 3.3.20.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractors by the Contract Documents,the Construction Manager shall review those submittals for sequencing,constructability,and coordination impacts on the other Contractors.The Construction Manager shall discuss its findings with the Owner and the Architect,and coordinateassist the Owner and the Architect with resolution,as necessary,of any such impacts. PAGE 13 § 3.3.29 Duties,responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,and Construction Manager,Architect,and Contractors.Consent shall not be unreasonably withheld. Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 4 PAGE 14      Measured drawings Owner      Tenant-related services Owner,if required      Commissioning Owner,if required      Development of a commissioning plan Owner,if required      Sustainable Project Services pursuant to Section 4.1.3 N/A      Furniture,furnishings and equipment delivery,and installation      coordination Construction Manager,if required      Furniture,furnishings and equipment procurement assistance N/A      Assistance with site selection N/A      Assistance with selection of the Architect Owner      Furnish land survey Owner,if required      Furnish geotechnical engineering services Owner      Provide insurance advice Owner,if required      Provide supplemental Project risk analysis and mitigation       strategies Owner,if required      Stakeholder relationships management N/A      Owner moving coordination N/A      Coordination of Owner’s Separate Contractors Construction Manager,if required      Other Supplemental Services N/A § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E235™–2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,attached to this Agreementper the agreed-upon terms, conditions and services related to the Owner’s Sustainable Objective.The Owner shall compensate the Construction Manager as provided in Section 11.2. § 4.2.1 The Construction Manager may provide Additional Services after execution of this Agreement,without invalidating this Agreement.Except forto the extent services are required due to the fault of the Construction Manager,any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. PAGE 15 § 4.2.5 If the services covered by this Agreement have not been completed within (seventeen (17 )months of the date of this Agreement,through no fault of the Construction Manager,extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. PAGE 16 § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager,the Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries,and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private, above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager,the Owner shall Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 5 furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. PAGE 17 § 5.19 The services,information and reports provided by the Owner pursuant to this Article 5 shall be provided at the Owner’s expense,and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. PAGE 18 § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. PAGE 19 § 8.3 ArbitrationReserved § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by,mediation shall be subject to arbitration,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate,and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement,shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact;and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 6 § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. PAGE 20 § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Construction Manager terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Construction Manager for services performed prior to termination,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Construction Manager’s termination of consultant agreements. 2.25%of the Cost of the Work not completed as of the date of termination. PAGE 21 Lump Sum of $10,000.00 for thirteen (13)months of Preconstruction Phase Services from the date of this Agreement.Should the Preconstruction Phase exceed the above period,the Construction Manager’s time shall be billed at the Construction Manager’s usual hourly rates or the hourly rates set forth in Section 11.5. The Construction Manager shall be paid (i)a fee of 2.25%of the Cost of the Work defined in Article 6,(ii)the Construction Manager’s costs for administrating and managing the Project at the hourly rates set forth in Section 11.5.1,(iii)the costs of Construction Manager’s field labor for general conditions work at the hourly rates set forth in section 11.5.2,and (iv)any Reimbursable Expenses.Once the project has been sufficiently defined after the Preconstruction Phase,the Owner and Construction Manager shall execute an Amendment setting forth the Construction Manager’s compensation for the Construct Phase of the Project as described herein.Any Construction Phase services performed prior to execution of the Amendment shall be billed at the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. At the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. At the hourly rates set forth in Sections 11.5.1 and 11.5.2,plus Reimbursable Expenses. PAGE 22 § 11.5.1 Hourly Rates for administrative and management personnel: Personnel Category Rate Per Hour Project Director/VP/DOO $227.00 /hour Sr.Project Manager/Construction Exec./Project Exec.$191.00 /hour Project Manager $170.00 /hour Assistant Project Manager $144.00 /hour Project Engineer/Field Engineer $124.00 /hour Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 7 Director of Preconstruction $191.00 /hour Preconstruction Manager $170.00 /hour Estimator $165.00 /hour Assistant Estimator $122.00 /hour Project Intern $67.00 /hour Safety Director $177.00 /hour Safety Engineer/Safety Manager $161.00 /hour Quality Director $206.00 /hour Quality Manager $185.00 /hour MEP Specialist $178.00 /hour VDC/BIM $148.00 /hour General Superintendent $185.00 /hour Field Superintendent $167.00 /hour Assistant Superintendent $144.00 /hour Project Coordinator/Accountant/Marketing $84.00 /hour Computer/IT $108.00 /hour Yard Delivery $140.00 /hour The rates set forth above shall be in effect through December 31,2027.Thereafter the rates shall be increased by three percent (3.0%)per year as of January 1 of each subsequent year. § 11.5.2 Regular Hourly Rates for field labor personnel for any miscellaneous general requirements or general conditions-type work: Personnel Category Rate Per Hour Carpenter -Journeyman $114.10 /hour Carpenter -Foreman $119.57 /hour Carpenter –General Foreman $124.68 /hour Laborer -Journeyman $104.39 /hour Laborer -Foreman $104.76 /hour Operator –G1 $118.55 /hour Operator –G2 $117.95 /hour Operator –G3 $115.53 /hour Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 8 Operator –G4 $114.97 /hour Operator –G5 $111.67 /hour Operator –G6 $109.10 /hour Operator –G7 $107.17 /hour Operator –G8 $103.72 /hour PAGE 23 The rates set forth above shall be increased in accordance with the terms of any applicable collective bargaining agreement. The rates for any miscellaneous tool or equipment rentals shall be at the rates set forth in Exhibit A. Employee or Category Rate ($0.00) .8     If required by the Owner,and with the Owner’s prior written approval,the Construction Manager’s consultants’expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Construction Manager’s consultants; .9     All taxes levied on professional services and on reimbursable expenses; .10   Site office expenses;and .11All taxes levied on professional services and on reimbursable expenses; .9   Site office expenses; .10 General conditions expenditures; .11 General liability,professional liability,and umbrella liability insurance at a rate of 1.08%of the cost of the Construction Manager’s Preconstruction and Construction Phase services;and .12   Other similar Project-related expenditures. § 11.8.1.1 An initial payment of ($zero dollars ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. § 11.8.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Construction Manager’s invoice.Amounts unpaid (thirty (30)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. %The rate of interest required by applicable law,or if no such rate is required by applicable law,invoices due and unpaid under this Agreement shall bear interest from the date payment is due at an annual rate of interest of two percent (2%)over the reference rate of interest from time to time announced by U.S.Bank Minneapolis,NA as its reference rate,with each change in interest rate hereunder to become effective on the date the corresponding change in such reference rate as announced by U.S.Bank Minneapolis,NA becomes effective. PAGE 24 § 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM.The Construction Manager has an agreement with DocuSign, Inc.(“DocuSign”)with respect to the DocuSign electronic signing system (the “DocuSign System”).The Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 9 DocuSign System may be used to facilitate the administration and execution of the Owner’s Construction Contracts with the Multiple Prime Contractors,as well as various other Contract Documents requiring signatures.Should the Owner elect to have the Construction Manager use the DocuSign System with respect to any portion of the Project, the Owner acknowledges and agrees that (i)the Owner conducted its own independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project,(ii)the Owner did not rely on any advice,recommendations or representations of the Construction Manager in making the Owner’s independent determination to use the DocuSign System on the Project,(iii)the Construction Manager and DocuSign are not affiliated with each other and the Construction Manager does not warrant or guarantee any portion of the DocuSign System,(iv)the Construction Manager does not warrant or guarantee that the DocuSign system complies with or satisfies any legal requirements applicable to its use on the Project,and (v)to the fullest extent permitted by law,the Owner waives,and shall hold harmless and indemnify the Construction Manager from and against,all claims,causes of action,costs,expenses and damages (including reasonable attorney’s fees)arising out of or resulting from the use of the DocuSign System on the Project. PAGE 25 This Agreement is entered into as of the day and year first written above.This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be deemed an original and all of which counterparts,taken together,shall constitute one and the same instrument.Delivery of an executed counterpart of a signature page of this document by facsimile,pdf or other generally accepted electronic means (e.g.,DocuSign) shall be effective as delivery of a manually executed counterpart of this document. City of Cottage Grove Kraus-Anderson®Construction Company Variable Information   PAGE 1 AGREEMENT made as of the 18th day of February in the year 2026 City of Cottage Grove 12800 Ravine Parkway South Cottage Grove,MN 55016 Kraus-Anderson Construction Company 501 South 8th Street Minneapolis,MN 55404 Cottage Grove Ice Arena –Lobby Renovation 8020 80th Street South Cottage Grove,MN 55016 Oertel Architects,LTD. 1795 Saint Clair Avenue Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 10 St.Paul,MN 55105 PAGE 2 Renovation of the main lobby,offices,concessions and associated spaces within the existing Cottage Grove Ice Arena See Section 1.1.1 PAGE 3 Final Construction Documents are anticipated Fall 2026 Anticipated to be March 2027,pending the receipt of all applicable permits Multiple Prime Contracts Zac Dockter City of Cottage Grove –Parks &Recreation Director 12800 Ravine Parkway South Cottage Grove,MN 55016 651.458.2808 zdockter@cottagegrovemn.gov PAGE 4 Mike Phillips Sr.Project Manager Kraus-Anderson Construction Company PAGE 5 501 South 8th Street Minneapolis,MN 55404 651.447.3247 mike.phillips@krausanderson.com PAGE 13      Measured drawings Owner      Tenant-related services Owner,if required      Commissioning Owner,if required Additions and Deletions Report for AIA Document C132 –2019.Copyright ©1973,1980,1992,2009,and 2019.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Subscription No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one- time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 11 § 4.1.1.4     Development of a commissioning plan Owner,if required § 4.1.1.5     Sustainable Project Services pursuant to Section 4.1.3 N/A § 4.1.1.6     Furniture,furnishings and equipment delivery,and installation      coordination Construction Manager,if required § 4.1.1.7     Furniture,furnishings and equipment procurement assistance N/A § 4.1.1.8     Assistance with site selection N/A § 4.1.1.9     Assistance with selection of the Architect Owner § 4.1.1.10     Furnish land survey Owner,if required § 4.1.1.11     Furnish geotechnical engineering services Owner § 4.1.1.12     Provide insurance advice Owner,if required § 4.1.1.13     Provide supplemental Project risk analysis and mitigation       strategies Owner,if required § 4.1.1.14     Stakeholder relationships management N/A § 4.1.1.15     Owner moving coordination N/A § 4.1.1.16     Coordination of Owner’s Separate Contractors Construction Manager,if required § 4.1.1.17     Other Supplemental Services N/A PAGE 15 § 4.2.5 If the services covered by this Agreement have not been completed within (seventeen (17 )months of the date of this Agreement,through no fault of the Construction Manager,extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. PAGE 18 [X ]     Litigation in a court of competent jurisdiction PAGE 21 § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager’s consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Construction Manager plus two and one- quarter percent (2.25 %),or as follows: PAGE 23 § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager’s consultants plus two and one-quarter percent (2.25 %)of the expenses incurred. § 11.8.1.1 An initial payment of ($zero dollars ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner’s account in the final invoice. AIA Document D401 –2003.Copyright ©1992 and 2003.All rights reserved.“The American Institute of Architects,”“American Institute of Architects,”“AIA,”the AIA Logo,and “AIA Contract Documents”are trademarks of The American Institute of Architects.This document was produced at 10:08:29 CST on 02/25/2026 under Order No.20240079516 which expires on 12/13/2026,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes:(699f1e5e7f2986a885297bea) 1 Certification of Document's Authenticity AIA®Document D401™–2003 I,,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:08:29 CST on 02/25/2026 under Order No.20240079516 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document C132TM -2019,Standard Form of Agreement Between Owner and Construction Manager as Adviser,other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 1 City Council Action Request 7.Q. Meeting Date 3/4/2026 Department Engineering Agenda Category Action Item Title 2026 Washington County Grant Agreement for Municipal Recycling Staff Recommendation Approve the 2026 Grant Agreement for Municipal Recycling Grant Distribution in the amount of $60,078.00. Budget Implication N/A Attachments 1. 1-2026 Recycling Grant Reimbursement Acceptance_2-27-26 2. City of Cottage Grove 2026 Recycling Grant_ To: Honorable Mayor and City Council From: Joe Fox, PE, Project Engineer Date: February 27, 2026 Re: 2026 Washington County Grant Agreement for Municipal Recycling Background Discussion Recommendation -1- 2026 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, MN 55016, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1.Term: The term of the Agreement shall be from the date this Agreement is approved by theCounty to December 31, 2026. 2.The County's Obligations: The County will pay the Grantee an amount of up to $60,078.00 which is to be used for recycling program expenses in 2026. Payment will be within 60 days of execution of this Agreement. 3.The Grantee's Obligations: a.The Grantee agrees to follow their 2026 Municipal Recycling Grant Application andthe guidelines therein (Exhibit A). b.The Grantee will use all recycling grant money received in 2026 as a result of thisAgreement, for base funding activities, recycling projects, and public educationrelated to recycling, as indicated in Exhibit A. If all recycling grant funds are notused within the grant period, the Grantee must return unexpended funds to theCounty unless the County approves utilizing the unspent funds for recyclingprojects the following year. c.The Grantee shall sign and return this Agreement to the County by July 1, 2026.Failure to do so will result in a reduction or loss of grant funds. d.The Grantee agrees to support State efforts in obtaining hauler reports by ensuringcompliance through ordinance, contract or license requirements and the ability toexercise punitive actions, if needed. e.The Grantee will prepare and submit annual work plan project reports to theCounty. The reports shall cover the time period from January 1 to December 31and shall be submitted to the County by January 31st of the year following thereporting period. The annual reports are available on the County’s MunicipalRecycling Grant Application and Reporting software (Re-TRAC Connect). f.Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste -2- generated by city/township government activities (including city/town halls, public works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. g.The parties agree that if the Grantee contracts or otherwise arranges for municipalsolid waste hauling service on behalf of its residents and/or businesses and theGrantee issues bills for this service, the Grantee shall bill the County EnvironmentalCharge (CEC) as a separate line item on the solid waste bill and shall makereasonable effort to collect the CEC. Exception to this provision is if the licensedhauler collected the CEC for the previous year. All County Environmental Chargescollected shall be remitted to the County according to section 14.5 of WashingtonCounty Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014.Failure of the Grantee to comply with this provision shall constitute a breach of thisGrant Agreement and will result in loss of grant funds. 4.Indemnification and Insurance: a.The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this Agreement. b.The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Contract, keep in force the following insurance protection in the limits specified: a.Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. b.Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non-owned. c.Worker’s Compensation in statutory amount (if applicable) of bodily injury by accident in the amount of $500,000 each accident, bodily injury by disease in the amount of $500,000 each employee, and bodily injury by disease in the amount of $500,000 policy limit. Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Contract, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Contract. This certificate of insurance shall be on file with the County throughout the term of the Contract. As a condition subsequent to this -3- Contract, Grantee shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Grantee to maintain a current certificate of insurance with the County shall be a substantial breach of the Contract and payments on the Contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days’ notice thereof to the County. 5.Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6.Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7.Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8.Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing -4- services under this Agreement. 9.Nondiscrimination: The Grantee agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59. The Grantees failure to comply with section 181.59 may result in cancellation or termination of the agreement, and all money due or to become due under the contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 10.Possession of Firearms on County Premises: Unless specifically required by the terms of this Contract or the person it is subject to an exception provided by 18 USC§ 926B or 926C (LEOSA) no provider of services pursuant to this Contract or subcontractors shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this Contract. Violation of this provision is grounds for immediate suspension or termination of this Contract. 11.Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12.Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13.Merger and Modification: a.It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. -5- b.Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14.Force Majeure Events: For purposes of this Agreement, “Force Majeure” refers to an event that by its nature is unforeseen, or, if it was foreseen, was beyond reasonable control by either party. With a Force Majeure event, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this Agreement. 15.Conflict of Interest: Grantee affirms that, to the best of its knowledge, this Contract does not present a conflict of interest with any party or entity, which may be affected by the terms of this Contract. The Grantee agrees that, should any conflict or potential conflict of interest become known, it will immediately notify the County of the conflict or potential conflict, and will advise the County whether it will or will not resign from the other engagement or representation. Unless waived by the County, a conflict or potential conflict may, in the County's discretion, be cause for cancellation or termination of this Contract. 16.Jurisdiction & Venue: This Contract, amendments, and supplements thereto, shall be governed by the laws of the State of Minnesota. All actions brought under this Contract shall be brought exclusively in Minnesota State Courts of competent jurisdiction with venue in Washington County. [the remainder of this page is intentionally left blank] -6- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY BY:_ __________________________________ BY: David Brummel, Director TITLE: Department of Public Health and Environment DATE: DATE:____________________________ _ APPROVED AS TO FORM BY: ____ ______________________ Ass't Washington Co. Attorney DATE: __ ______________ 2026 Municipal Recycling Grant Program Guidelines 2 Contents Program Overview ......................................................................................................................................... 3 Eligibility Requirements ............................................................................................................................. 3 Funding Application ................................................................................................................................... 4 Grant Funding Allocation ........................................................................................................................... 4 Eligible Expenses ........................................................................................................................................ 5 Ineligible Expenses ..................................................................................................................................... 5 Standard List of Residential Curbside Recyclables ........................................................................................ 6 Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law ................... 6 Reporting ....................................................................................................................................................... 7 Hauler Reporting ........................................................................................................................................ 7 Annual Work Plan Project Status Reports ................................................................................................. 7 Work plan project status report: ........................................................................................................... 7 Final Program Expenditures Report ....................................................................................................... 7 Recycling Performance .............................................................................................................................. 8 County Responsibilities .................................................................................................................................. 8 Supplemental Documents ............................................................................................................................. 9 Appendix A – Municipal Recycling Grant Continuum ..................................................................................10 3 Program Overview Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County’s municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: • Base Funding: funding to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community.  • Project Funding: funding to target specific grant projects that are related to achieving recycling goals and covers projects contained in the Improved Project and Advanced Funding categories of the recycling continuum. • Incentive Funding: funding for one-time special projects or purchases that cannot be covered with project funding. Improved Project funding shall be used for before incentive funding is applied for. • Shared Resources Funding: funding for collaboration among multiple municipalities. Eligibility Requirements To receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality’s curbside recycling program shall be established by; 1) ordinance, 2) contracted with a hauler, or 3) a hauler be licensed to operate within the municipality. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, as needed. 3. All multi-unit dwellings (4 or more units) must have recycling service available. 4. The municipality must maintain the components under the Base Funding category of the recycling continuum (Appendix A). a. Minimum website requirements include the following: i. Link to the Washington County Disposal Directory ii. Link to the Ramsey/Washington Food Scraps Pick-up Program webpage iii. Link to the Washington County Environmental Center webpage iv. Link to the R&E BizRecycling webpage v. Link to the Washington County container loan webpage 5. Municipal staff must participate in two recycling coordinator meetings and/or meetings with PHE staff per year to develop the grant project work plan(s). 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable). 7. Submit completed previous grant cycle expenditures and project final reports. 8. Submit complete application and project(s) form, as applicable. a. Complete projects and performance measures outlined on the application or return funds for incomplete projects. 4 b. Continue to make progress along the municipal recycling performance continuum. Washington County, on behalf of State requirements, reserves the right to withhold any and all funding from municipalities for; 1) failure to report on previous grant activities of a municipality (not in good effort), 2) failure to complete application and project work plans and 3) failure to not actively engaging with PHE staff in grant funding activities and the execution of projects. Funding Application Municipalities must complete a funding application by February 27th, 2026, to receive grant funding. Applications and yearly work plan(s) must be submitted using Re-TRAC Connect. Grant Funding Allocation Funding is separated into four (4) categories: • Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan(s) and annual report, residential recycling information, website maintenance and meeting the Base Funding category of the continuum, which can be found on Appendix A. The table below shows how base funding is determined for each community. # of Households Eligible Amount for Base Funding <450 $1,500.00 451-1000 $2,500.00 1001-2000 $5,000.00 2001-5000 $10,000.00 5001-10000 $20,000.00 >10000 $30,000.00 Note: household data comes from the Metropolitan Council’s population estimates. Estimates are the official estimates for state government purposes to determine government aid (LGA) and street aid allocations. Previous year estimates are prepared the following year and certified by July 15. • Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the Improved Project and Advanced Project categories, found on Appendix A. A municipality is eligible to receive $0.50/household/project. A municipality may qualify for up to four projects per year. • Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the February 26th grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2026 grant cycle. • Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the County. 5 Eligible Expenses Grant funds are used for the following expenses and are subject to approval by PHE staff: • Administrative (maximum of 75% of total grant funds) o Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. o Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. o County-approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. o Attendance or training opportunities for municipal staff • Capital Expenses o Event recycling containers o Public space recycling containers o Recycling containers and education for municipally owned/operated buildings and internal spaces o Resident-only municipal food scraps drop-off site • Public Education and Promotion* o Design, production and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication promotional items reaching at least 50% of a community’s population o Disseminating County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and e -news) and other communication promotional items o Development of promotional materials for a community event such as a clean-up day or road clean up event o The percentage of cost for a municipality’s newsletter devoted to recycling o Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of total grant funds) o Materials necessary for in-person or other events • Singular Item Collection o Design, production and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication specific to the collection of a specific item or material.* o Disposal costs of items collected for recycling or reuse at special collection events by an approved County vendor • Other o Yard waste, recycling or composting project o Reuse projects and promotion o Other expenses with prior written approval from the PHE *Municipalities should reference MN State Statute 16C.073 for purchasing of paper for print materials. Ineligible Expenses Ineligible expenses are considered the following and subject to review by PHE: 6 1. Permanent, single sort, year-round recycling drop-off locations 2. Print materials already supplied by PHE as outlined on the print materials request form. Print materials that are customized with municipal logos are exempt 3. Disposal expenses for community clean up events or road cleanup activities where specific items are not directed to recycling or reuse 4. Expenses for non-waste abatement, such as energy or ground water 5. Ongoing recycling or garbage service fees (collection, processing, transportation) 6. Costs for office equipment and supplies 7. Street sweeping expenses 8. Beautification projects or rain gardens 9. Lobbying and legal expenses 10. Food or refreshments 11. Funding currently budgeted or being provided by applicant Standard List of Residential Curbside Recyclables PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. The Standard List of Residenti al Curbside recyclables can be found at the link below. Washington County Standard List of Residential Curbside Recyclables This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County’s Solid Waste Management Plan and delivered to the 7 Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. Reporting Hauler Reporting The Minnesota Pollution Control Agency (the State) will collect tonnage reports directly from haulers on behalf of counties and municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each county. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with hau lers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County’s Re-TRAC Connect system for municipality’s to view after the reporting period has closed. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling grant program must complete annual work plan project status reports. The annual report is a measure of a municipality’s progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by January 31st of each year using the County’s Re-TRAC Connect system. Work plan project status report: • project completion (yes/no) • performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) • description of information helpful to other municipalities desiring to replicate projects Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components t o be included in the final report includes the following: • Program expenditures: Total program expenditures must equal total program revenue. o Administrative costs including ▪ Direct salaries ▪ Direct membership, training, subscriptions ▪ Consultant services and or temporary help ▪ Promotion ▪ Design, printing and postage ▪ Advertisements/Videos/Promotional items ▪ Special events ▪ Other (list and describe) • Capital Costs • Collection Costs (grant funds cannot be used for collection costs) • Other 8 o For each line item on the report’s expenditures sheet, indicate: ▪ Total County grant funds used ▪ City/Township funds contributed ▪ % of County grant used for line item ▪ Total expenditures Recycling Performance A municipality’s performance will be evaluated on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan activities implemented and progression along the recycling continuum. PHE reserve s the right to request documentation for information submitted. Failure by a municipality to demonstrate measurable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding will be withheld until the municipality’s Plan is completed and approved by PHE. County Responsibilities The County will be responsible for the following: 1. Grant documents a. PHE will provide the grant application and work plan by January 1st for each municipality to use to request grant funding and to develop project work plans. PHE will also provide report forms for their recycling program(s). Annual reports are available year-round. 2. Meetings a. PHE staff will host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County’s website. PHE staff will also coordinate individual work plan meetings (as needed) with each municipality to identify grant projects. 3. Technical assistance a. PHE staff will help identify if and how additional technical assistance is needed. PHE staff strongly encourage municipal staff to use technical assistance as provided. 4. Payments a. Grant payment will be made in one installment, which is to be used for recycling program expenses in 2026. The payment will be made within 60 days of execution of the Recycling Grant Agreement. Incentive funding will disbursed upon the verification of project completion – until such verification, the municipality is responsible for any payments necessary for the completion of the project. 5. Recycling tonnages a. Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community’s recycling hauler(s) on a bi-annual basis. Reports are available by request. 6. Residential recycling survey a. If requested, PHE will develop a survey on residents’ recycling knowledge and behavior for municipalities to promote and distribute regularly. 9 7. Online recycling information and best practices a. PHE will maintain the City Recycling Resources webpage on the County’s website for use by municipal staff to obtain information on recycling best practices, track recycling coordinator meetings and access templates and other educational information designed specifically for use by municipalities. 8. Commercial Recycling a. PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com. 9. Recycling in multi-unit dwelling (4+ units) a. PHE has a separate funding mechanism to promote and support recycling in multi-unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental Documents • Updated waste and recycling ordinance(s) (if applicable) • Updated waste and recycling contract(s) (if applicable) • City/Township council meeting minutes discussing/approving updated ordinances/contracts (if applicable) • Verification of public entities law (MN Statute 115.471 and 115A.46) (if applicable) • A certificate of insurance indicating the municipalities’ general liability limits as indicated in Section 4 of the Agreement. Please include certificate with the application. 10 Appendix A – Municipal Recycling Grant Continuum