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09.23.13 EDA Packet
.,,,, ,, �, 1 0„,.,,..,„00 AGENDA REGULAR ECONOMIC DEVELOPMENT AUTHORITY MEETING September 23, 2013 6:30 P.M. CONFERENCE ROOM 170 Todd Larson, Chair; Geraldine Jolley, Vice-Chair Douglas Bonar, Steve Wilson, Kirk Zeaman Action Taken 1. Call Meeting to Order 2. Pledge of Allegiance 3. Roll Call 4. Approve Agenda 5. Citizen Comments/Presentations 6. Consent Agenda a) Meeting Minutes (8/7/13 Special) Approved b) Bills: 8/7/13 —9/22/13 Approved c) June/July 2013 Financial Report Information Received 7. Public Hearings 8. Continued Business a) Approve Marketing Plan Agreement with Nemer Fieger Approved b) Farmington CDBG Status Report—Fund Balances Information Received 9. New Business a) Approve Dakota County Lumber Commercial Grant Application Approved b) Approve K&K Auto Ranch Commercial Grant Application Approved c) Approve Long Branch Saloon Commercial Grant Application Approved 10. City Staff Reports/Open Forum/Discussion 11. Adjourn MINUTES ECONOMIC DEVELOPMENT AUTHORITY Special Meeting August 7, 2013 1. CALL TO ORDER The meeting was called to order by Chair Larson at 6:30 p.m. Members Present: Larson, Jolley, Wilson Members Absent: Bonar, Zeaman Also Present: David McKnight, City Administrator; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Audience: Clyde Rath 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA MOTION by Wilson, second by Jolley to approve the Agenda. APIF,MOTION CARRIED. 5. CITIZEN COMMENTS/PRESENTATIONS a) Developer Presentation Mr. John Siebert, of Cobblestone Hotels and BriMark Builders presented a proposal to build a hotel in Vermillion River Crossing. He stated the area looks realistic in price and terms. Cobblestone Hotels consist of either 31 rooms, 36 or 44 rooms with an indoor pool and meeting space. The project cost is between$2 —$3 million. It is a franchise, but not franchise owned. They are looking for local investors so there is a local ownership from the community. The company would be controlled by the investment group. Mr. Siebert proposed having a feasibility study done by a third party to establish a demand for a hotel. The third party would talk to the community and businesses to establish a need for the community,the City, future investors and lending institutions. The study will support the number of rooms to build and establish profit, occupancy, average daily rate, and expenses. The feasibility criteria includes traffic flows, businesses, and demand generators. The study would be good for three years. If CDBG money is used to fund the study, we would have to take the lowest bid. Therefore, staff recommended using EDA money so we would have total control. Mr. Siebert noted they would need cooperation from everyone to get it built. BriMark Builders would be willing to split the cost of the feasibility study 50/50. The average cost of a study is $5,000 - $10,000. The City would retain a copy of the study. If BriMark participates in the cost,they would expect the City to go with Cobblestone Hotels. MOTION by Wilson, second by Jolley to recommend EDA Minutes(Special) August 7,2013 Page 2 Council support for a feasibility study for a hotel with 50% City contribution towards the study. APIF, MOTION CARRIED. 6. 'CONSENT AGENDA MOTION by Jolley, second by Wilson to approve the Consent Agenda as follows: a) Approved Meeting Minutes (6/24/13 Regular) b) Approved Bills 6/24/13 — 8/6/13 c) Received June 2013 Financial Report APIF,MOTION CARRIED. 7. PUBLIC HEARINGS 8. CONTINUED BUSINESS a) Approve Marketing Plan Consultant Five RFP's were received from marketing firms and three were interviewed; The Wallace Group, Risdall Marketing Group, and Nemer Fieger. The interview panel recommended Nemer Fieger at a cost of$28,500. CDBG money will be used to fund this project. Work will begin in September 2013. EDA members noted this marketing plan will require an ongoing commitment by the EDA and Council. More money will be needed for implementation. This marketing plan should be included in the long range planning so the plan doesn't stop if there is a change in EDA members due to terms expiring. MOTION by Wilson, second by Jolley to approve the low bid of Nemer Fieger to conduct a marketing plan. APIF, MOTION CARRIED. 9. NEW BUSINESS 10. CITY STAFF REPORTS 11. ADJOURN MOTION by Jolley, second by Wilson to adjourn at 8:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant R55CKSUM LOGIS001V CITY OF FARMINGTON 9/19/2013 10:10:51 NOTE: Check Amount may not reflect actual check total due to sequencing of data. Council Check Summary Page- 1 8/7/2013 - 9/22/2013 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 126213 8/23/2013 100263 CAMPBELL KNUTSON 319.00 JUL'13 EDA LEGAL SRV,NON-RET 121326 1852-000G JUL'1 2000 6403 LEGAL HRA/ECONOMIC DEVELOPMENT 02000 03 319.00 20130816 8/16/2013 100394 XCEL ENERGY 17.35 6/16-7/16 ELEC,ELM ST SIGN 120492 514874009-4 JUN 2000 6422 ELECTRIC HRA/ECONOMIC DEVELOPMENT 02000 03 17.35 Report Totals 336.35 Q $ 60,844 2013 Fund Description Budget Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Balance Received 2000 ECONOMIC DEVELOPMENT AUTHORITY Fund Balance $ 60,844 $ 65,114 $ 68,830 $ 73,143 $ 71,798 $ 76,119 $ 96,023 $93,019 $93,019 $ 93,019 $93,019 $ 93,019 Revenues 4020 Tax Increment Excess 15,747 15,747 $(15,747) Intergovernmental Revenue $ - $ - 4404 Federal(CDBG) 15,000 (7,320) 7,680 (7,680) State - - Other - - 4460 County Miscellaneous - - - 4516 Administrative fees - - - W 4950 Investment Interest 2,200 178 176 174 172 170 168 188 1,205 995 54.75% 4960 Gain/Loss Invest MKT Value 4975 Rental Income - - #DIV/0l 5010 Sale of Assets - - - 5205 Operating Transfers 50,000 4,167 4,167 4,167 4,167 4,167 4,167 4,167 5350 Miscellaneous Revenue - - #01V/0l Total $ 52,200 4,345 1 4,343 1 4,341 1 19,339 1 4,337 1 20,082 1 (2,987)1 -1 -1 -1 -1 - $ 8,885 $(8,685) 17.02% 2011 Budget Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Total Balance Expended Expenditures 6250 Other Supplies - - 6401 Professional Services 8,220 5,000 5,000 3,220 60.83% 6403 Legal Services 2,000 58 609 667 160 1,494 507 74.68% 6421 Municipal Services - - 6422 Electric 400 17 17 17 16 16 18 17 118 282 29.50% 8423 Natural Gas - - 6426 Insurance 1,000 - 1,000 0.00% 6450 Outside Printing - - 6455 Legal Notices Publications - - 6460 Dues&Subscriptions - - 6470 Training&Subsistence - - #DIV/0l 6485 Mileage Reimbursement - - #DIViOI 6492 Advertising - - 6515 Building Repair Service - - 6550 Developer Payments 15,000 15,000 (15,000) 6570 Programming Expense - - #DIVIOI 7310 Operating Transfers 33,500 - 33,500 7420 Other Expenditures 12 12 (12) Total $ 45,120 $ 75 $ 626 $ 28 20,683 16 177 $ 17 $ - $ - $ - $ - $ - $ 21,623 $23,497 47.92% Fund Balance 65,114 68,830 73,143 71,798 76,119 96,023 93,019 93,019 93,019 93,019 93,019 93,019 t Revenue and Expenditure Descriptions July Revenues 4404 CDBG Grant Removal of gas tanks Sajid Hague 4950 Investment Interest Interest portion of Vinge loan payment 5205 Operating Transfers EDA Levy Transfer ,lulu Expenditures 6422 Electric EDA Sign $45,000 of the fund balance amount Is in loans to Vinge lie and CEEF. Cash amount is$60,000 to pay outstanding bills,then any remaining amount is available for business subsidies. V = iy��► City of Farmington 0 430 Third Street Farmington,Minnesota 10 651.280.6800•Fax 651.280.6899 -.•4 � wwwci.farmington.mn.us TO: EDA Members FROM: Lee Smick,AICP CNU City Planner SUBJECT: NEMER FIEGER Contract and Approach DATE: September 23,2013 INTRODUCTION/DISCUSSION Attached is the contract to hire Nemer Fieger as the consultant to lead the marketing plan with a final date of submittal with on December 15,2013. As noted,the cost of the marketing plan is $28,500 and will be funded by a 2013 CDBG grant. ACTION REQUESTED Approve the attached contract and approach for the marketing plan to be led by Nemer Fieger. Respectfully submitted, Lee Smick,AICP, CNU City Planner/Economic Development AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AGREEMENT made this 23`d day of September,2013,by and between the CITY OF FARMINGTON,a Minnesota municipal corporation("City")and NEMER FIEGER& ASSOCIATES dba NEMER F EGER,a Minnesota corporation("CONSULTANT") IN CONSIDERATION OF'rilEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor to provide a comprehensive marketing plan to market the Farmington community and businesses and to aid business expansion,retention, and,ultimately, increase the City's tax base through the attraction of new businesses while maintaining the existing business climate,upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. The Consultant shall be responsible for selecting the means and methods of performing the work consistent with the identified task and work plans and within the budgetary parameters specified in its proposal titled ECONOMIC DEVELOPMENT MARKETING PLAN PROPOSAL,attached hereto as Exhibit A("Proposal"). 2. TERM. The Consultant shall commence services upon execution of this Agreement and shall pursue services diligently. This Agreement shall terminate upon completion of Consultant's services provided under this Agreement. The City reserves the right,however, to cancel this Agreement at any time it deems to be in the best interest of the City upon giving written notice to the Consultant. If this Agreement is cancelled under this provision, the City shall pay the Consultant for the time spent and reasonable expenses actually incurred under this Agreement prior to the date of notification of cancellation. The Consultant shall have no other recourse against the City for cancellation under this provision. 3. DUTIES. The City engages Consultant to perform services identified in the City's Request for Proposal for a Business Marketing Plan("RFP") attached hereto as Exhibit B, as further identified in the Proposal, in the time prescribed and set forth on the attached Proposal. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided, including the provisions for federally funded contracts as identified in and attached to the RFP. 4. CITY DOCUMENTS. Consultant may not remove original City documents from City Hall. However, Consultant may copy original documents and may then remove the copies from City Hall if necessary to perform the duties specified under Paragraph 3 of this Agreement. Consultant shall comply with the Minnesota Government Data Practices Act with regard to all government data created,retained or maintained by Consultant. 172379V4 1 5. PAYMENT. The City shall pay Consultant $28,500 in full upon completion of and City acceptance of the work and final plan identified in the Proposal. 6. INDEMNIFICATION AND INSURANCE. A. Indemnification. The Consultant shall defend, hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. B. Insurance. The Consultant shall purchase and maintain insurance to protect Consultant from claims under the Worker's Compensation Acts. The Consultant shall provide the City with evidence of insurance in the form of a certificate from the insurer naming all policies no later than fifteen (15) days after the execution of this Agreement. 7. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. 8. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 9. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Consultant, and approval of an amendment by the City,with specific estimates of type,time, and maximum costs,prior to commencement of the work. 10. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services,which shall be subject to audit by the City upon request. 11. WORK PRODUCT. All materials, including but not limited to reports, exhibits, models, maps, charts, computer data, and supporting documentation produced under work 172379V4 2 authorized by this Agreement shall become the property of the City upon completion of the work or termination of this Agreement. 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the,.City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. NOTICES. Pursuant to this Agreement, notices shall be hand delivered or mailed as follows: AS TO CITY: City of Farmington 430 Third Street Farmington,Minnesota 55024 Telephone: (651)280-6800 AS TO CONSULTANT: Nemer Fieger 6250 Excelsior Blvd Ste 203 Minneapolis,MN 55416 Telephone: (952)925-4848 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Minnesota. 15. ASSIGNMENT. The Consultant may not assign or subcontract any of the services to be performed hereunder without the written consent of the City, which consent shall not be unreasonably withheld. 16. MODIFICATION. This Agreement shall not be modified,amended,rescinded,waived,or terminated without the approval in writing of the City. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement this 23`d day of September,2013. • 172379V4 3 CITY: CONSULTANT: CITY OF FARMINGTON NEMER FIEGER, BY: BY: Todd Larson,Mayor Tom Whelan,EVP&COO AND: David McKnight,Administrator 172379V4 4 EXHIBIT A PROPOSAL 172379V4 5 EXHIBIT A ECONOMIC DEVELOPMENT MARKETING PLAN PROPOSAL Overview What we're going to do for and with Farmington is build a strategic marketing plan that,when implemented,will pave the way for economic development for the City.Growth can come two ways,organically i.e.through expansion of existing Farmington businesses and through cultivation of relationships outside of Farmington that leads to new development.That may sound pretty basic, but there's actually a lot to it.We have to have a plan that links strategies and tactics to goals and specific objectives that come from Farmington's growth intentions.Planning the work is one thing. More than that,we have to have the discipline to work the plan.And continue to evolve the plan as we monitor business conditions and our progress. Our plan will look at how the myriad local communities within 30 miles of Minneapolis and St. Paul's downtowns—our competitive set, market themselves;assess Farmington's current communication tactics;do a frank evaluation of what Farmington has to offer as it pursues economic development, develop a realistic target list,differentiate Farmington from its competition and develop new communication tools. The result of implementing the plan will mean,over time,the face of business conducted in Farmington will be different.A new mix of retail/hospitality,commercial and industrial enterprises that will make the good life already enjoyed in Farmington even better. Our Approach We build marketing plans with and/or for many of our clients. Most strategic articulated plans include several components: • Mission—Answers the question"why are we here?" • Vision--An ambitious description of what we would like to achieve in the near-term and/or long-term future • Goals—broad-based pictures of success • Objectives—specific measures of success • Strategies—How we're going to get there • Tactics—What we're going to do to get there and when Through our process we endeavor to: • Leverage available resources • Be inclusive—to the extent stakeholders should or want to be involved,we involve them • Avoid unnecessary reinvention of the wheel • Adopt Best Practices • Update and Modify as necessary nemerfieger starting conversattons 6250 Excelsior Boulevard 952 925 4848 Minneapolis,Minnesota 55416 nemerfieger.com Key Tasks We see the Key Tasks as falling into several"buckets". Discovery—What are all the things we need to know in order to develop a meaningful plan? Here's a partial list of information needed: • What tools are by used to sell Farmington now? • Who are the target audiences for Farmington's economic development program? • Who are the other stakeholders? • How are the audiences engaged now? • Are there"best practices" in play for economic development by other cities here in MN or elsewhere? • How is Farmington's Business Retention and Expansion (BRE) program structured? • What do current Farmington business owners/operators think about doing business there? • Why have businesses come to Farmington? • If they didn't choose Farmington,why have they chosen to go elsewhere? And so on... Analysis—What actions are indicated by the information we're able to gather? SWOT exercise—involving Lee Smick,the EDA,other interested parties Ideation—From our SWOT exercise,we generate ideas that lead to setting of goals and objectives, strategies and tactics Consensus-building#1—a significant progress-check;are we all in agreement on direction-to-date? Draft#1—prepared and presented to Lee Smick and EDA;feedback received Draft#2—additional feedback received Consensus-building#2—are we still in agreement on where this is headed? Final plan/report submitted—ready for implementation Additional Nemer Fieger involvement?—Nemer Fieger will participate in implementation of the plan if requested and separate agreement is made. Deliverables Budget Hours Staff Task Deadline (est.) Involvement Start-up meeting 9/12/2013 2 NF/LS/EDA SWOT exercise 9/24/2013 4 NF/LS/EDA/Others Discovery (info gathering) 10/18/2013 70 NF Status meeting* 9/26/2013 2 NF/LS Analysis 10/31/2013 28 NF Ideation for Goal Creation 10/4/2013 4 NF/LS/EDA/Others Status meeting 10/10/2013 2 NF/LS Status meeting 10/24/2013 2 NF/LS Consensus Building#1 10/17/2013 1 NF/LS/EDA/Others Draft#1 11/08/2013 38 NF Status meeting/feedback 11/14/2013 2 NF/LS Draft#2 11/22/2013 10 NF Status meeting/feedback 11/27/2013 2 NF/LS/EDA/Others Consensus Building#2 12/01/2013 2 NF/IS Status Meeting 12/12/2013 1 NF/LS/EDA/Others Final Plan submitted 12/13/2013 20 NF/LS/EDA/Others Total 190 Plan Approval 12/16/13 City Council NF= Nemer Fieger LS= Lee Smick EDA= Economic Development Authority * We recommend face-to-face status meetings every two weeks. Phone meetings will take place in the interim when necessary. Cost Estimate Hours for our key tasks are detailed in the preceding chart.We estimate 190 total hours for the assignment and will ensure we do not exceed that number. Nemer Fieger offers a blended hourly rate of$150/hour for services rendered.The blended rate includes time for creative involvement, research,account management and the writing/development of the final marketing plan itself. 190 hours @$150/hour=$28,500 There may be some production costs associated with creation of the final marketing plan e.g. materials,copying,etc. Those charges would be in addition to the cost for hours, but wouldn't be significant. EXHIBIT B REQUEST FOR PROPOSAL 172379V4 AR o � o z -Ts?,. A PRO"- eAS\ City of Farmington Request for Proposals: Business Marketing Plan Contact: Lee Smick City Planner/Economic Development City of Farmington 430 Third Street Farmington, MN 55024 (651) 280-6820 lsmick @ci.farmington.mn.us Dated: July 2, 2013 Responses Due: July 24, 2013 Farmington Marketing Strategy RFP The City of Farmington,Minnesota requests proposals from qualified consulting firms in Minnesota to provide a strategy for a comprehensive marketing plan to market the Farmington community and businesses. Additionally,the marketing plan will aid business expansion, retention,and to ultimately increase the City's tax base through the attraction of new businesses while maintaining the existing business climate. The process and plan would include the analysis of existing marketing efforts,materials, and programs,the gathering of governmental and community input, suggestions for marketing strategies to help meet the priorities outlined in the priorities section of this RFP, and the detailed implementation analysis and costs of each component of the recommended marketing strategies that can be used to identify and plan for a comprehensive marketing budget. For the purpose of this Request for Proposals ("RFP") and the anticipated Consultant Agreement, "City" means the City of Farmington, and "Services"means the development of a marketing plan, as described in this RFP. The selected firm will be invited to enter into a consultant agreement with the City,in a form to be provided by the City ("Consultant Agreement"). The City Council has the ultimate authority to approve any proposal and to authorize execution of the Consultant Agreement. Overview: As a community prepared for new business growth while maintaining its strong existing business climate,the City of Farmington provides the foundation for prosperous businesses by investing in quality and efficient services, effective partnerships,and business participation. The City's commitment to well-planned development enhances the distinctive and high quality of life enjoyed by our residents. At the southern edge of the Minneapolis/St. Paul Metro Area, Farmington offers the advantages of being part of a metropolitan area while providing a family- friendly small town atmosphere with outstanding quality of life opportunities including recreation,the attention to its environment, and open space tranquility. Located in western Dakota County,roughly 21 miles south of the Minneapolis/St.Paul International Airport, Farmington is a growing community that continues to offer small town charm while rapidly becoming a unique suburban city. The 2010 Census indicated that the population of Farmington was 21,086 spread over 7,412 households. Farmington was ranked 5th in the entire Minneapolis/St. Paul Metro Area in population growth rate at 70.53% from 2000 to 2010. The Marketing Plan proposes to highlight these messages and others generated from community discussions in the recent past. Farmington has a vibrant existing business community which incorporates the contrast of new commercial development areas with a well-established traditional downtown. In addition, the City's industrial and business parks offer opportunities for a wide array of uses and companies of 2 all sizes. Farmington's established development and design standards support the City's desire for quality growth. With the presence of the Vermillion River,the existence of working farms, and the City's extensive park and trail systems,the community has an abundance of natural resources to market. These amenities in part account for the extensive residential growth of over 3,000 households added to the community within the last decade. The Economic Development Authority(EDA)that updates Farmington's Economic Development Strategic Plan every three years provides long-term strategies to encourage business development and promote Farmington's desire to further grow its tax base with the attraction of new commercial and industrial businesses. The EDA's mission is to meet the following statement: "Farmington is commerce friendly,responsive,and innovative in the realm of economic development. The Economic Development Authority's mission is to market Farmington as one of Minnesota's most desirable cities to open a business." Farmington has historically lacked a consistent and focused marketing plan for business attraction and retention. Past efforts have tended to be mostly reactionary as opportunities have presented themselves and funding was available. The goal from the EDA's 2012-2015 Economic Development Strategic Plan is to: "Create a marketing plan that has a clear message, is flexible,adequately funded, creative,aggressive,and targeted that communicates Farmington's existing businesses while making known its wealth of new commercial and industrial opportunities." Proposal to Interested Parties The City of Farmington is seeking responses to this RFP to develop and outline an implementation plan for a business marketing strategy to target corporate site selectors,business decision makers, and the general business community about why Farmington should be a top choice for locating and growing a business. A brainstorming event was held with the Farmington Business Association(FBA),the Dakota County Regional Chamber,and the EDA in December of 2010 under the GROW Farmington initiative which,provided a wish list of items to market Farmington. The results of this event can be found attached to this RFP in the Appendix section. After the brainstorming event, a group of business owners met throughout 2011 to develop a plan to achieve some of the wish list. The GROW Farmington sessions came up with three priority areas including"Promote,Brand, and Unite Farmington." From those priorities, action steps were prepared and implemented. In 2012,the GROW Farmington group focused on a"Shop, 3 Buy,Local!"campaign. A logo was created and stickers were provided to businesses to place on their windows. A plan of action needs to follow that initial implementation. The Economic Development Strategic Plan(EDSP) and GROW Farmington are currently working towards different goals. Assistance with combining these efforts is desired from the consultant chosen in the RFP process. Business Marketing Plan Priorities: The City of Farmington has identified the following Priority and Implementation Steps in the EDSP to create the Business Marketing Strategy: 2.1 Promoting for Success: Marketing and Branding—Managing our Reputation Action 2.1.1: Prepare a marketing plan strategy. Implementation Steps: (a)Work with the GROW Farmington marketing strategy to create a unified economic development message for Farmington. (b)Define, expand, and formalize communications with the Farmington business community. (c)Research what other Cities use and determine how important printed materials are to the marketing efforts. (d)Coordinate with Communications staff to strategically plan message delivery including newsletter,newspapers,website, social media, Channel 16,etc. (e) Continue to attend or plan new efforts through GROW Farmington to promote the City to developers,brokers,retailers, entrepreneurs, etc. (f)Develop programs to enhance and highlight the City's economic development efforts via signage throughout the City. (g)Promote Farmington businesses via a"shop local"program. (h) Staff and EDA attend gatherings and conferences pertaining to Economic Development. (i) Artists' studios and living spaces within the downtown area could be one of the suitable uses for spaces no longer appropriate for most modern retail. (j)Research"shovel ready" initiatives to determine if the future industrial park could meet these requirements. (k)Work with regional economic development to assist business prospects coming to Farmington and the region. Scope of Service: At a minimum the marketing plan should provide a report containing: 1. Analysis of existing marketing efforts such as GROW Farmington or the City Seal, materials created by staff, and programs including but not limited to: a. Print and media materials b. Website c. Social Media 4 d. Conference and trade show attendance e. Business retention strategies and programs 2. Suggest marketing strategies to help meet the implementation steps outlined on Page 4 of this RFP and/or additional implementation steps prepared by the consultant including but not limited to: a. Print and media materials b. Website c. Social media d. Other miscellaneous promotional materials 3. A detailed implementation cost analysis of each component of the recommended marketing strategies that can be used to identify and plan for a comprehensive marketing. budget. a. Identify one-time and annual recurring costs All RFP proposals should include: 1. Tasks to be accomplished and the amount of budget hours for each task and subtask. a. This will be used as a work plan and managing tool for basis of budgeting. 2. Identify deliverables. a. Key milestones of project b. Level of City staff participation c. Status meetings identified through work plan d. Final Report 3. Detailed cost estimate of the study,including professional hourly rates and multipliers and estimated service/task hours with a"not to exceed cap". Other expenses related to the completion of the study will be discussed on a case-by-case basis.Preferred pricing will identify fixed cost bids with a menu of necessary and optional services. All proposals are subject to the following conditions: 1. Federal Funds. This project is being funded in whole or in part with federal Community Development Block Grant("CDBG") funds through the U.S. Department of Housing and Urban Development("HUD"). The Firm selected through this RFP will enter into a contract with the City of Farmington and must agree to federal funding provisions as attached in Exhibit A. MN Federal Statute 24 CFR§ 570.205 states that planning activities which consist of all costs of data gathering, studies, analysis, and preparation of plans and the identification of actions that will implement such plans is an eligible CDBG activity,including marketing plans. 2. Conflict of Interest. The proposer must identify any potential conflict of interest it may have providing the services contemplated by this RFP. 5 Statement of Qualifications: The following will be considered minimal contents of the proposal: 1. Goals,objectives, and project tasks to demonstrate the responder's view of the project and exhibition of responder's knowledge of local government marketing and branding. 2. Outline of respondent's background and experience with particular emphasis on public sector marketing and branding. a. Provide contact list for at least three (3)references in support of the background and experience. b. Provide two (2) examples of municipal government projects and if available, a Return on Investment(ROI)report from those communities. 3. Knowledge of print,website, and social media advertising and promotion. 4. Experience working with local governments. 5. Identify key personnel to conduct the project. No change in key personnel assigned to the project will be permitted without approval of the City. City Provided Supporting Documentation: A. Provisions for Federally Funded Contracts B. 2010 Brainstorming Event Results C. Approved 2012-2015 Farmington Economic Development Strategic Plan D. GROW Farmington Process and Results E. Demographic data:http://stats.metc.state.mn.us/profile/detail.aspx?c=02395614 F. Farmington map http://www.ci.farmington.mn.us/Departments/CityMaps.html G. Farmington City website: http://www.ci.farmington.mn.us/index.html H. Farmington Economic Development Website (http://www.ci.farmington.mn.us/Departments/EconomicDevelop/EconomicDevelopmen t.html) Characteristics of Farmington: • 15.18 square miles • —56% developed • 21,200+residents(2013) • —7,448 households(2013) • 230+businesses o Mostly small to medium sized businesses (<100 employees) o Growing office/industrial and home-based business sectors • High educational attainment of residents(25%have a bachelor's degree+) • Median household income is$80,700 • Median age is 34.9 • 6 miles west of Interstate 35, 7.5 miles east of Highway 52 Requirements and Final Product: • A business marketing plan document o All documents,plans,work completed under this proposal will become the property of the City of Farmington upon completion. 6 • Coordination meetings with City staff • Up to 3 public presentations including City Council and other advisory committees Evaluation Criteria: Proposals will be evaluated on the following factors with equal weight given to each one. The City of Farmington has the right to reject any or all proposals without explanation. (Total points possible— 100) • Proposer's ability and capacity to meet all Requests for Proposal conditions and expectations as solely determined by the City's selection committee (10 points) • The proposal meets the goals as outlined in the Request for Proposal(10 points) • Value and price for services offered (10 points) • Ability to complete the job in the time allotted(no later than December 2, 2013) (10 points) • Prior satisfactory conclusion of similar work or evidence of specific experience and ROI regarding marketing and branding strategies (10 points) • Stated and demonstrated understanding of the scope of work being sought(10 points) • A creative and unique approach to the proposal(40 points) Because consulting services require the expenditure of CDBG funds,the City Council will make the final determination of whether to authorize funds for this project. The City does not guarantee selection of any vendor and reserves its right to reject all proposals. Furthermore,the City may or may not accept the lowest price quotation and reserves the right to select the proposal which best meets its needs and selection criteria. RFP Timeline: RFP Issue date—July 2, 2013 Proposals due—July 24,2013 Interview consultant finalists—July 29-31, 2013 EDA approval selecting consultant—August 7, 2013 City Council approves Plan on December 16,2013 Timeline to be determined by responder Submission Deadline: • Six (6)hard copies of proposal and one (1) electronic version on CD or via email including all attachments and supplemental information delivered to Farmington City Hall no later than 4:30 p.m. on July 24, 2013: Lee Smick, City Planner/Economic Development City of Farmington 430 Third Street • Farmington, MN 55024 • All questions by prospective responders regarding this RFP should contact: 7 Lee Smick lsmick @ci.farmington.mn.us 651-280-6820 • All potential respondents to this RFP will be notified if there are any substantial changes to this document made during the submittal period. 8 EXHIBIT A: PROVISIONS FOR FEDERALLY FUNDED CONTRACTS SPECIAL EQUAL OPPORTUNITY PROVISIONS Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of $10,000 and under.) During the performance of this contract,the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include, but not be limited to,the following: employment,upgrading, demotion, or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. (3) Contractors shall incorporate the foregoing requirements in all subcontracts. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color,religion,sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. (C)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the contractor's commitment under this section, 9 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (B) The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted)performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41-CFR 60-4.3(a),and its efforts to meet the goals established for the geographical area where the contract resulting from this 10 solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade,and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (D) As used in this Notice,and in the contract resulting form this solicitation,the"Covered Area" is Dakota County,Minnesota. 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications(Executive Order 11246) (A) As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. (4) "Minority"includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands):and (d) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 11 (C) If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs(G)(1)through(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,or the regulations promulgated pursuant thereto. (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by 12 the Contractor,this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending,subject matter discussed,and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the above, describing the openings,screening procedures,and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. 13 (12)Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1) through (16)]. The efforts of a contractor association,joint contractor-union, contractor-community, or other similar groups of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor maybe in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (lvi)The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in 14 paragraph (G) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status,hours worked per week in the indicated trade,rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Section 503 Handicapped (Applicable to Federally assisted contracts and related subcontracts if$Z500 or over.) 1. Affirmative Action for Handicapped Workers (A) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment,upgrading,demotion or transfer,recruitment,advertising,layoff or termination,rates of pay or other forms of compensation,and selection for training,including apprenticeship. (B) The Contractor agrees to comply with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (C) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (D) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 15 (E) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (F) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules,regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non-discrimination in employment. (D) The reports required by paragraph(B)of this clause shall include,but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State, with the central office of the State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of non-disabled veterans of the Vietnam era hired,(3)the number of disabled veterans of the Vietnam era hired,and(4)the total number of disabled veterans hired. The reports should include covered veterans hired for on-the- 16 job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which these reports and related documentation shall be made available,upon request,for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system,there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia,Puerto Rico,Guam and the Virgin Islands. (G) The provision of paragraphs (B), (C), (D), and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings" includes,but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative, and professional openings that are compensated on a salary basis of less than$25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institutions which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established "recall"lists. (4) "openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. 17 (I) The Contractor agrees to comply with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the act. (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era,and the rights of applicants and employees. (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 10,000 or more unless exempted by rules,regulation, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. Section 109 of the Housing and Community Development Act of 1974. 1. No person in the United States shall on the grounds of race, color,national origin, or sex be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall 18 post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance,take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR Part 135. II. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $ 100,000) A. Compliance with Air and Water Acts During the performance of this contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following: (1) A stipulation by the Contractor or subcontractors,that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. (2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended,(33 USC 1318)relating to inspection,monitoring, entry,reports and information,as well as all other requirements specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. III. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS 19 The undersigned certifies to the best of his or her knowledge and belief,that: No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$ 10,000 and not more than $ 100,000 for each such failure. , STANDARD ASSURANCES 1. NON-DISCREVIINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability,sexual orientation,age,marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race,color,creed,religion,sex,national origin,disability,sexual orientation,age,marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of Contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,religion,sex,national origin, disability,sexual orientation,age,marital status,or public assistance status. No funds received under this Contract shall be used.to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes,but is not meant to limit,laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. §2000e et sec. which prohibits discrimination in employment because of race,color,religion,sex or national origin. B. Executive Order 11246,as amended,which is incorporated herein by reference,and prohibits discrimination by U.S. Government contractors and subcontractors because of race,color,religion,sex or national origin. 20 C. The Rehabilitation Act of 1973,as amended, 29 U.S.C. §701 et seq. and 45 C.F.R. 84.3 (J)and(K)implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The Age Discrimination in Employment Act of 1967,29 U.S.C. §621 et sec.as amended,and Minn. Stat. § 181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963,as amended, §29 U.S.C. §206,which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin,sex,marital status,status with regard to public assistance,disability,sexual orientation or age. G. Minn.Stat. 181.59 which prohibits discrimination against any person by reason of race,creed,or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990,42 U.S.C.§§ 12101 through 12213,47 U.S.C.§§225,611,with regulations at 29 C.F.R. § 1630,which prohibits discrimination against qualified individuals on the basis of a disability in term,condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created, collected,received, stored, used,maintained,or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act,Minn.Stat.Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy,and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency (CDA), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds,records,documents,papers,accounting procedures and practices,and other evidences relevant to this Contract are subject to the examination,duplication,transcription and audit by the CDA and either the Legislative or State Auditor,pursuant to Minn. Stat. § 16C.05,subd.5. Such evidences are also subject to review by the Comptroller General of the United States,or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six(6)years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH,SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal,state and local occupational safety and health standards,regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 21 CtRiv4), )City of Farmington ' 430 Third Street Farmington, Minnesota 1 651.280.6800•Fax 651.280.6899 paotO www.cilarmington.mn.us TO: EDA Members FROM: Lee Smick, AICP CNU City Planner SUBJECT: Farmington CDBG Status Report—Fund Balances DATE: September 23, 2013 INTRODUCTION/DISCUSSION The Dakota County CDA has issued their most recent funding balance status report dated July 31, 2013 (Ex. A). After the Marketing Study account of$28,500 was approved by the Dakota County Board of Commissioners on September 10, 2013, funding was shifted from the Commercial Rehabilitation account (2010 - $13,434.64 and 2013 - $6.265.36) and the Business Development account (2011 - $8,800). The total amounts of the Commercial Rehabilitation account is currently $0.00 and the Business Development account is $36,920.64. The $833.90 for the Residential Rehabilitation account has been provided to three homeowners at a cost of $41,411. The $16,000 in the Public Service — Senior Center account continues to be targeted to designated projects. With three recent applications received for Commercial Rehabilitation projects(noted in upcoming September 23, 2013 agenda items), staff is proposing that the Business Development account of$36,920.64 be shifted to the Commercial Rehabilitation account to cover the application requests upon approval of the proposed projects by the EDA and City Council. The shift of funding requires approval by the EDA and the City Council. As the EDA is aware,the Dakota County CDA allows CDBG communities to shift funds from one account to the other if funding needs in that account are requested,upon approval of the grant(s). Upon the approval of upcoming September 23, 2013 agenda items,the shift will leave a zero balance in the Commercial Rehabilitation account and the Business Development account (Ex. B). Staff has been discussing with the CDA their offer of returning the$17,500 to the City after that money was removed in May and awarded to the City of Coates and Dakota County's septic program. ACTION REQUESTED Respectfully submitted, Lee Smick, AICP, CNU City Planner/Economic Development FARMINGTON CDBG STATUS REPORT --- FUND BALANCES 31-Aug-13 Quarter 1 FFY2013 EX. A Activity 2010 2011 2012 2013 Total Percent Residential Rehabilitation $833.90 $833.90 0.9% Commercial Rehabilitation $13,434.68 $5,000.00 0.0% Business Development Grant $87800-.00 $36,920.64 $45,720.64 50.2% Public Service - Senior Center $16,000.00 $16,000.00 17.6% Marketing Study(Proposed; reviewed by County Board 9/10, $13,434.64 $8,800.00 $6,265.36 $28,500.00 31.3% TOTAL (by year) $13,434.64 $24,800.00 $833.90 $43,186.00 $91,054.54 100.0% TOTAL BUDGET 47,700.00 39,800.00 39,800.00 43,186.00 PERCENT EXPENDED BY YEAR 71.8% 37.7% 97.9% 0.0% FY2013 Spenddown Ratio 2.11 Timeliness Ratio of 1.5 is no more than $64,779.00 $26,275.54 (Amount that needs to be spent) by May 1, 2014 Rehab Numbers: (as of 9/13/13) Active CDBG Files Committed Funding # people on waiting list 3 $ 41,411.00 3 FARMINGTON CDBG STATUS REPORT --- FUND BALANCES 31-Aug-13 Quarter 1 FFY2013 r EX. B Activity 2010 2011 2012 2013 Total Percent Residential Rehabilitation $833.90 $833.90 1.8% Commercial Rehabilitation $13,134.68 $5000-00 $0.00 0.0% Business Development Grant $8T800410 $36,920.64 $0.00 0.0% Public Service-Senior Center $16,000.00 $16,000.00 35.3% Marketing Study(Proposed; reviewed by County Board 9/10) $13,434.64 $8,800.00 $6,265.36 $28,500.00 62.9% TOTAL (by year) $13,434.64 $24,800.00 $833.90 $43,186.00 $45,333.90 100.0% TOTAL BUDGET 47,700.00 39,800.00 39,800.00 43,186.00 PERCENT EXPENDED BY YEAR 71.8% 37.7% 97.9% 0.0% FY2013 Spenddown Ratio 1.05 Timeliness Ratio of 1.5 is no more than $64,779.00 -$19,445.10 (Amount that needs to be spent) by May 1, 2014 Rehab Numbers: (as of 9/13/13) Active CDBG Files Committed Funding I #people on waiting list 3 $ 41,411.00 3 �CL 41116,- City of Farmington 430 Third Street � Farmington,Minnesota 651.280 D' �'.6800•Fax 651.280.6899 www.cilarmington.mn.us TO: EDA Members FROM: Lee Smick,AICP CNU City Planner SUBJECT: Dakota County Lumber Company—Commercial Rehab Grant Application DATE: September 23, 2013 INTRODUCTION The owners of the Dakota County Lumber Company, Steve Finden and Sunny Bowman have submitted an application to the City requesting CDBG funding under the Commercial Rehabilitation Grant to install a fire suppression system throughout their existing building and future expansion at 28 8th Street in Farmington, MN. Under the International Building Code as described in the City Code,the expansion of the existing building has initiated the need for the installation of a sprinkler system throughout the entire building because of the increase of 2,400 square feet to the existing structure. DISCUSSION The City's CDBG Commercial Rehabilitation Grant provides assistance to property owners that make eligible improvements to commercial properties to prevent deterioration of structures and encourage projects that correct code violations. The owners have requested$19,000 to assist with the sprinkler system materials and installation with the total project cost of$39,700.00,meeting the grant limit of$35,000. In reviewing the application, staff believes that the work identified in the application meets the requirements of the grant program as the fire suppression system will eliminate specific conditions that are detrimental to public health and safety. The City's CDBG fund as of July 31,2013 shows a total available balance in the Commercial Rehabilitation Grant program fund at$0.00. However, funding is available in the Business Development Grant account totaling$36,920.64, which may be shifted to the Commercial Rehabilitation account with approval of the EDA (see previous agenda item). The Dakota County CDA allows CDBG communities to shift funds from one account to the other if funding needs in that account are requested once the community's EDA approves the shift. Bids for Equipment Per the grant, a minimum of three(3) competitive bids must be solicited and two (2) competitive bids must be obtained for each improvement project the Applicant proposes for Program funding. The contract will be awarded to the lowest bid unless the applicant can show reason why a higher bid is preferred. The three bids received include the following: 1) Northstar Fire Protection Company- $47,000 2) Skyline Fire Protection,Inc. - $41,600 3) Summit Fire Protection Company- $39,700 The owners prefer to take the lowest bid provided by Summit Fire Protection Company at a cost of$39,700 (see attached). As shown on the attached photos, construction of footings and foundation has begun at the property. However, no other construction will take place until the Commercial Rehabilitation Grant request is approved by the EDA and City Council. Staff will bring the recommendation by the EDA to the Council meeting on October 7, 2013. The purchase of fire suppression equipment and installation cannot occur before that date. ACTION REQUESTED Recommend approval to the City Council to award a Commercial Rehabilitation Grant in the amount up to $19,000 to Dakota County Lumber Company subject to the following contingencies: 1. Receipt of all required supporting documentation per grant program requirements. 2. The preparation and execution of a grant agreement. 3. The completion of the Slum&Blight for Spot Basis National Objective Form establishing that the improvements identified will eliminate specific conditions that are detrimental to public health and safety. 4. Approval by the Dakota County Community Development Agency(CDA). 5. Applicant and its contractors adhere to provisions regarding federally funded contracts(i.e.,Davis Bacon Act). Respectfully submitted, Lee Smick,AICP, CNU City Planner/Economic Development Cc: Steve Finden and Sunny Bowman,Dakota County Lumber Company City of Farmington Commercial Rehabilitation Grant Program Grant Agreement This agreement is made and entered into this—day of ,2013,by and between Dakota County Lumber Company having its principal offices at 28 8th Street,Farmington, Minnesota(hereinafter referred to as"Grantee")and the City of Farmington,a public body corporate and politic,having its principal offices at 430 Third Street,Farmington,Minnesota (hereinafter referred to as"Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program; and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to public health and safety; and WHEREAS,the Grantee has applied for Commercial Rehabilitation Grant funds to install a fire suppression system at 28 86 Street Farmington,Minnesota; and WHEREAS,the Grantee has requested funding to assist with the installation of a fire suppression system;and WHEREAS,the Grantor has reviewed the Grantee's application and determined that the proposed rehabilitation project eliminates specific conditions detrimental to public health and safety. NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties agree as follows: 1. The Grantor agrees to provide a maximum of$19,000(nineteen thousand dollars)in CDBG funds to the Grantee for the installation of a fire suppression system(the "Project")to eliminate conditions detrimental to public health and safety. 2. The Grantee agrees to use the proceeds of the Grant solely for the installation of a fire suppression system. 3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all work to be done as part of the Project. 4. The Project shall be completed in a timely manner and all Grant funds must be used within one year from the date of the grant agreement("End Date"). The End Date may be extended beyond the original End Date up to one year,upon written approval of the Grantor. 5. The Grantee will require all contractors to pay federal prevailing wages(Davis Bacon Act)to employees working on the Project. The wage determination for this project is General Decision Number: MN130034 02/01/2013 MN34(Attachment B) 1 6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the Dakota County CDA(contact: Lisa Henning,Assistant Director of Community and Economic Development). Such payroll documents must be approved by the Dakota County CDA before reimbursement payments will be made to the Grantee. 7. Grant funds will be paid on a reimbursement basis only after all improvements have been completed according to the authorized scope of work and have been accepted by the Grantor. 8. The grant agreement will be terminated 90 days from the date of this Agreement if construction work has not yet begun. 9. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years after the date of this grant agreement. 10. The Grantee shall defend,indemnify,and hold harmless the officers and employees of the Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily injury,death,property damage, sickness,disease,or loss and expense resulting from or alleged to result from Grantee's operations under this Agreement. 11. The Grantee agrees to keep in force at all times during the term of this Agreement a comprehensive general liability insurance policy covering any injury and/or property damage caused by any negligent act or omission on the part of the Grantee,its agents,or employees in the performance of or with relation to the work or services to be performed or furnished by the Grantee under the terms of this Agreement in an amount of $2,000,000.00. The Certificate of Insurance shall include the Grantor and Dakota County CDA as certified holders by endorsement. The Grantee further agrees to maintain worker's compensation coverage in accordance with state law. Certificates of Insurance evidencing such insurance policies shall be provided to the Grantor prior to initiation of the work under the Project activities covered by this Agreement and before any reimbursement of grant funds is made. 12. The Grantee agrees to comply with all local,state,and federal equal employment opportunity laws and ordinances as they pertain to unlawful discrimination on account of race,color,creed,religion,national origin, sex, sexual or affectional orientation,marital status,status with regard to public assistance, familial status,disability or age. 13. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in Attachment A. 14. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard Assurances as detailed in Attachment C and Attachment D. 15. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of CDBG funds that is not cured within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach,the Grantor may take whatever action, including legal,equitable or administrative action,which may appear necessary or desirable to the Grantor,to enforce performance and observance of any obligation,agreement,or covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to cure said breach within 30 days or such longer period 2 • as may be necessary after written notice from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the Grantee to reimburse the Grantor CDBG funds,plus any expense incurred by the Grantor to include,but not necessarily be limited to,administrative and legal expenses and any investment of CDBG funds. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANTEE: CITY OF FARMINGTON DAKOTA COUNTY LUMBER COMPANY BY: BY: ITS: ITS: BY: ITS: BY: ITS: Attachment A-PROVISIONS FOR CDBG FUNDED CONTRACTS I. SPECIAL EQUAL OPPORTUNITY PROVISIONS 3 A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.) During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to,the following: employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising;layoff or termination,rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. 4 (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (B) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41- CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (D) As used in this Notice, and in the contract resulting form this solicitation, the "Covered Area"is Dakota County,Minnesota. 5 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return , U.S. Treasury Department Form 941. (4) "Minority"includes: (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands):and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,nor the regulations promulgated pursuant thereto. (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. 6 (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to 7 minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)En sure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review,at least annually,of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1)through(16)]. The efforts of a contractor association,joint contractor-union, contractor-community,or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such 8 sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph(G) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped—Affirmative Action for Handicapped Workers (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take 9 affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non- discrimination in employment. (D) The reports required by paragraph(B)of this clause shall include, but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State, with the central office of the State employment service. Such reports shall indicate for each hiring location(1) the number of individuals hired during the reporting period, (2) the number of non- disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which these reports and related documentation shall be made available,upon request, for examination by any authorized representatives of the contracting officer or of the 10 Secretary of Labor. Documentation would include personnel records respecting job openings,recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia, Puerto Rico, Guam and the Virgin Islands. (G) The provision of paragraphs(B),(C), (D),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative,and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security,or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system"means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization(including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established`recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. 11 (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 10,000 or more unless exempted by rules,regulation,or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. E. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training,Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance,its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 12 IL CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) A. During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. B. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following: 1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry,reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director, Office of Federal Activities,EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph(1)through(4)of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. III. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief,that: A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 13 Page 1 of 2 117 I Jim Deegan From: Dave Staugaitis Sent: Tuesday, June 11, 2013 9:49 AM To: Jim Deegan Subject: RE: Fire protection system at Dakota County Lumber Farmington Hi Jim, Unfortunately we don't have any available fitters to take on this job. But I hope this gives you the three bids you need. I'm budgeting around 47K.— -includes protection in new structure/attic spaces and T/I on the existing building. -excludes fire pump Dave From: Jim Deegan Sent: Monday, May 20, 2013 4:06 PM To: Dave Staugaitis Subject: RE: Fire protection system at Dakota County Lumber Farmington Yes Original Message From: Dave Staugaitis [ Sent: Monday, May 20, 2013 9:49 AM To: Jim Deegan Subject: RE: Fire protection system at Dakota County Lumber Farmington Jim, Was there supposed to be an attachment with your e-mail? I do not see a floor plan. R/S Dave Staugaitis Senior Project Manager- Operations Northstar Fire Protection davesansfire,com 651.248.7004 From:Jim Deegan IsillialIMAIM011103 Sent: Saturday, May 18, 2013 11:58 AM To: Dave Staugaitis Subject: Fire protection system at Dakota County Lumber Farmington Dave this is the floor plan for dcl showing 2400 square feet of existing floor space and an additional 2400 square feet to be added. A 4" main will be stubbed into the new space in the southwest corner. You can reach me at 651-248-0257. 8/12/2013 KYLINE 151P4Z COMMERCIAL, INDUSTRIAL & RESIDENTIAL FIRE 'SPRINKLER CCINTRAC"T"ING, SERVICE ex INSPECTIONS ' FIRE PROTECTION, INC. To: Jim Deegan Date: April 16, 2013 No. of pages (including cover page): 1 Regarding—Dakota County Lumber,Farmington,MN—Fire Protection Proposal Scope: 1.Provide a wet&dry pipe fire sprinkler system per the drawings dated 2.11.2013,N PA#13,the city of Farmington,MN and subject to the following: 2. Our work to start at 4"flange located in the northwest corner of the store room. 3.Provide a rough brass, fire department connection located on the exterior wall in the northwest corner of the building. 4. Provide a single zone wet system to protect throughout level one. 5.Provide a single zone dry system to protect the attic spaces. 6.Provide standard or extended coverage brass upright sprinklers in areas with exposed structure or without a heated ceiling plenum space. 7.Provide semi-recessed chrome pendent sprinklers in areas with finished ceiling. 8. Proposal assumes all low roofs and canopies to be filled with non-combustible insulation. 9.All material to be UL Listed and/or FM Approved. 9.Provide shop drawings approved by the city of Farmington,MN including payment of permit fee and paper and electronic"As Built"drawings at the project's completion. 10.Exclusions: Underground;fire pump;wiring;painting of pipe;sprinkler protection above ceilings and low roof attic spaces; and premium time. Our price furnished and installed including material, sales tax and labor is .. $41,600.00. Sincerely, Justin Kokales,Project Manager 10900 73rd Ave. North, Suite 108 • Maple Grove, MN 55369 • www.skylinefire.com Tel: 763.425.4441 • Fax: 763.425.7755 f SUMMIT FIRE PROTECTION Summit Fire Protection Co. Proposal and Contract Summit Fire Protection Co. ("Summit Fire Protection")makes the following proposal(the"Proposal"): Date: June 7, 2013 Attention: Jim Deegan ("Owner") Via: E-mail Regarding: Fire Protection Budget Project Name: DAKOTA COUNTY LUMBER Address: Farmington, Minnesota Specifications* The equipment to he provided by Summit Fire Protection as part of these Specifications, as well as design and installation services,to the extent described in these Specifications, are sometimes referred to in this Proposal as the"Project". Our budget is based on plans dated March 29,2013, City of Farmington, and NFPA 13. Mechanical drawings, plumbing drawings and written specifications were not provided. Site visit-YES U NO El SCOPE OF WORK: 1. Furnish the necessary material, labor,tools and equipment to provide a dry pipe fire sprinkler system in the structure referenced above. It is assumed that there will be lay-in ceilings throughout. 2. Provide design drawings for approval and permit. Systems to be designed, fabricated and installed in accordance with N.F.P.A. pamphlets 13 and applicable codes and ordinances. System to be designed per NFPA light hazard. AutoCAD compatible backgrounds to be provided to Summit at no additional cost. 3. This proposal is based on the availability of an adequate water supply for the systems. 4. Fire sprinkler work starts at a flange set one foot above finished floor or away from the wall in the area indicated on the drawings. Flushing and chlorination certificate from the installing contractor will be required prior to connection of fire sprinkler system. 5. Sprinklers in areas of exposed construction will be brass finished,those in finished areas will be semi- recessed, chrome pendant and/or sidewall. 6. One exterior horn/strobe,mounting and wiring by others. 7. One fire department connection will be provided. Connection to be located on the building at the sprinkler service entry. 8. Sufficient area to be permitted for Summit Fire Protection to deliver and stage materials on site. Pricing is based on a clear, unobstructed workspace. Any product,materials, etc. will be removed and/or relocated by the contractor, owner and/or tenant prior to work beginning in a given area. 9. All work during normal working hours. 10. Black lightwall steel pipe and fittings and/or CPVC piping throughout. EXCLUSIONS: 1. IJnderground piping/water supply to the building, including control valves, fire hydrants, flanged tee for domestic water supply, etc. and/or improvements thereto. 2. Domestic water solenoid shut-off valve(should it be required). CORPORATE: 3026 40TH AVENUE NW 418 GREAT OAK DRIVE 575 MINNEHAHA AVE.W. 760 LIBERTY WAY 4206 ENTERPRISE CIRCLE ROCHESTER, MN 65901 WAITE PARK, MN 56387 ST. PAUL,MN 55103 NORTH LIBERTY, IA 52917 DULUTH, MN 55811 TEL(507)280-0622 TEL(320) 257-6390 TEL(651) 251-1880 TEL(319) 665-4330 TEL(218)740-4412 FAX(507)280-0577 FAx (320)257-6392 FAX (651)251-1879 FAx(319)685-4331 FAx(218) 740-4413 AN EQUAL OPPORTUNITY EMPLOYER Page 1 of 4 Page 2 of 4 DAKOTA COUNTY LUMBER June 7,2013 3. In-rack sprinkler protection and/or hose stations. 4. Paint,painting and/or protection of sprinkler piping,heads and/or devices from paint. 5. Inserts or imbeds and/or structural stiffeners, etc. 6. Special paint and/or finishes on fire sprinklers, ceiling plates and/or escutcheons. 7. Temporary fire protection, fire watches and/or fire extinguishers. 8. Vent hood protection,gas shut-off solenoid valves and/or detection and wiring thereto. 9. Any type of special hazard system. 10. Electrical wire and/or wiring of any kind. 11. Overtime work. 12. Reduced pressure principle backflow prevention valve and/or devices(should they be required). 13. Protection of exterior walkways,patios and overhangs. 14. Standpipe and/or hose system piping. 15. Furr-downs, soffits, etc. to conceal sprinkler piping. 16. Centering of sprinklers in ceiling tiles. 17. Removal and/or replacement of ceilings. 18. Fire alarm and/or detection systems and central monitoring thereof. 19. Protection of wet pipe from freezing. 20. Fire and/or jockey pumps and controllers. 21. Performance and payment bonds. 22. Asbestos abatement(should it be iequited). Budget Price: We propose to perform the above work for the sum of: $ 39,700.00 THIRTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ADDENDUM: None ALTERNATES: None Completion of the Project: Summit Fire Protection offers to provide to Owner the equipment, supplies and materials, as well as the design and installation services and labor to complete the Project, as described in the Specifications. 'Phis Proposal shall be null and void, at Summit Fire Protection's option, if not accepted by Owner by noon on July 8,2013. Upon delivery by Owner of acceptance of this Proposal,we reserve the right to adjust all prices based on the cost of materials at the time of contract, due to the volatility in the steel market. The customer may be required to pay for materials at the time of contract to guarantee price. General Conditions: The Summit Fire Protection General Conditions attached to this Proposal are a part of this Proposal. Upon acceptance of this Proposal by Owner,the General Conditions will be a part of the contract between Summit Fire Protection and Owner. Sineci ely, SUMMIT FIRE PROTECTION Rex Nelson Contract Sales Representative Page 3 of 4 DAKOTA COUNTY LUMBER June 7,2013 OWNER ACCEPTANCE OF PROPOSAL Summit Fire Protection's Proposal is hereby accepted and agreed to by Owner. Owner acknowledges that Owner received and read the Proposal and the attached General Conditions. Upon acceptance by Owner, this Proposal, along with the attached General Conditions,will be a binding contract between Summit Fire Protection and Owner. OWNER: Sign Name Print Name Date 1155591.1 SUMMIT FIRE PROTECTION CO.PROPOSAL AND CONTRACT GENERAL CONDITIONS These General Conditions are attached to and made a part of the Summit Fire Protection Co.Proposal and Contract to which they are attached(the"Contract") as if fully set forth on the front page of the Contract. As used in these General Conditions,"Summit Fire Protection,""Owner,""Project,"and"Contract Price"shall have the same meanings as those terms have in the Proposal. 1. Payment. Owner agrees to pay the Contract Price for the Project as and when required in the Proposal. 2. Changes. Except for substitutions,as described below in this paragraph,any alteration or modification to the Project must be documented and approved by Summit Fire Protection and Owner by a written change order signed by Summit Fire Protection and Owner. Summit Fire Protection reserves the right to require Owner to pay for all change order items(labor,equipment and any other materials)at the time of signing the change order. In the event of discontinuations,changes or the unavailability of specific equipment or materials described in the Specifications,Summit Fire Protection will have the right to substitute equipment and materials with substantially similar quality and features;provided,however,that if the replacement items are more expensive,then Summit Fire Protection shall notify Owner and Owner may elect whether to pay the additional expense(as an increase to the Contract Price)or to modify the Proposal to include less expensive items,if available,that would not increase the Contract Price. 3. Limited Warranty. All materials and labor supplied by Summit Fire Protection will be warranted for one(1)year from the date of completion of the Project. Upon request,Summit Fire Protection will supply a signed warranty letter to Owner,which states the completion date of the Project and the warranty termination date Certain equipment may include manufacturer's warranties. Summit Fire Protection provides no additional warranty on such equipment. Owner shall have the right to seek enforcement of any such manufacturer's warranty. Summit Fire Protection shall have no obligation to seek enforcement of any such manufacturer's warranty against the manufacturer. Any labor or other services requested by Owner of Summit Fire Protection m connection with Summit Fire Protection's warranty after the one year warranty termination date shall be paid by Owner to Summit Fire notectiou liaaeu uli Suiun'iit Fit e Ptoteectiou's st iuilaid fees and ehaiges at the time. No abet expiesa ill implied waiianties ale tirade by Suuinut Fue Protection. Summit Fire Protection does not warrant the Project from normal wear or use. Summit Fire Protection's warranty shall not apply with respect to misuse,abuse or any use that is not in conformity with all applicable specifications and instructions. 4. Taxes. Any taxes or other governmental charges related to the Project shall be paid by Owner to Summit Fire Protection and shall be in addition to the Contract Price. In addition,if any fees or permits(such as one or more building permits)are required in connection with the Project,Owner shall secure and pay for any such fees and permits,the cost of which shall be in addition to the Contract Price. 5. Unavoidable Delays. To the extent any time period for performance by Summit Fire Protection applies,Summit Fire Protection shall not be responsible for any delays due to federal,state or municipal actions or regulations,strikes or other labor shortages,equipment or other materials delays or shortages, acts or omissions of Owner,or any other events or causes beyond the control of Summit Fire Protection. 6. Access. Owner shall allow Summit Fire Protection to have reasonable access to the job site to allow the completion of the Project on the dates and at the times requested by Summit Fire Protection personnel. Page 4 of 4 DAKOTA COUNTY LUMBER June 7,2013 7. Risk of Loss. Risk of loss shall pass to Owner at the time the equipment and other materials that are part of the Project are delivered to the job site. This means that,for example,in the event of damage or destruction due to casualty,or in the event of theft,Owner shall be responsible for payment for such equipment and materials even if the Project has not been completed. Title to the equipment and other materials shall be held by Summit Fire Protection until payment in full of the Contract Price,at which time title shall pass to Owner. Summit Fire Protection shall have the right to remove the equipment and other materials that are a part of the Project if payment of the full Contract Price is not made by Owner immediately upon completion of the Project. That right shall be in addition to,and not in limitation of,Summit Fire Protection's other rights and remedies. 8. Limitation of Remedies. The Project is not an insurance policy or a substitute for an msurance policy. In the event of any breach,default or negligence by Summit Fire Protection under this Contract,Owner agrees that the maximum liability of Summit Fire Protection shall not exceed an amount equal to the Contract Price. Owner expressly waives any right to make any claim in excess of that amount. Further,Owner waives any right to any claims for punitive,exemplary or consequential damages. Owner shall provide Summit Fire Protection with reasonable notice of any claim and a reasonable opportunity to cure the alleged breach or default. Owner shall indemnify,defend and hold Summit Fire Protection harmless from and against claims, actions,costs and expenses,including reasonable legal fees and costs,arising out of any injury,death or damage occurring on or about the job site unless caused by the gross negligence or willful misconduct of Summit Fire Protection. 9. Owner's Failure to Pay If Owner fails to pay any amount due to Summit Fire Protection as and when required,Summit Fire Protection shall have the right,but not the obligation,to immediately stop work on the Project and Summit Fire Protection may pursue any and all available remedies,including the right to place a lien against the job site. In addition,Owner shall be obligated to reimburse Summit Fire Protection for reasonable legal fees and costs incurred by Summit Fire Protection in the enforcement of this Contract. 10. Miscellaneous. The headings used herein are for convenience only and are not to be used in interpreting this Contract. This Contract shall be construed,enforced and interpreted under the laws of the State of Minnesota. Jurisdiction and venue for the interpretation and enforcement of this Contract shall be solely in the courts of the State of Minnesota located in Ramsey County,Minnesota. Each party waives the right to a jury triaL This Contract may not be modified,amended or changed orally,but only by an agreement in writing signed by the parties hereto. Neither party shall be deemed to have waived any rights under this Contract unless such waiver is given in writing and signed by such party. If any provision of this Contract is invalid or unenforceable,such provision shall be deemed to be modified to be within the limits of enforceability or validity,if feasible;however,if the offending provision cannot be so modified,it shall be stricken and all other provisions of this Contract in all other respects shall remain valid and enforceable. This Contract is not assignable by Owner. This Contract is the entire agreement between the parties regarding the subject matter of this Contract;any prior or simultaneous oral or written agreement regarding the subject matter hereof is superseded by this Contract. 1155591.1 N i / • i 1 . -'''' .il .1° ' ' ', I; if ' ' ''' ii.' ,,•••; yjftt} } .. r x; , h: ..*'- //r, A , . , _ ).:,.',::./. ti 1„,;---„ ,i „ , ., ,,,, ,.. ,„ „,,,„,„ . .,, ,,. , : . `,- ,. t a,t i : i01. , .. ; NIP*, !.7-- .1m........... 1,„ti. ,.r, ;-*4 , ,.. ... : ' :''''• .,,'iSilifittq . fir, t. .. 4y 1 itIPI • ? . Y ;'x - N. ffi I ` „,, r y a F iMr' -... .--'\ ■ ' s r .. r-A.,...:,,,,,} , ,. .. ... • ri! it g.a t Z V r / SSS M I - j•V ! E Mr ; : , :{.j F '�1tYy � �x S * , t i - y`tj k a ... a 3, ' h V C .i 1 �r(T ' 7 I .;',,,-.441 I ifif . ' ' . ' '> �� if I ri v .'4,,t..•'„',.,,'-';,,;\\.;.,,,,.,...,: 18' ....�....� Alt • 111{,1 !!! d a ,s, — •'‘''‘.' 4 , '''"'-':-." ', f' ) i.., ii,,, .,I i�i, v 1s f tt :\ '`1' 4 +„» a •�y § s y 1y t 1`:,} lit 1 i'Ei4 `, �., }''P t��1 ? 'c,i ,a, ,t t t. �+ iii .}. r I . Ik i 1 l t :1 n` yt, � v ,,,•\\\t, t.1.1/2 .."\\\r,1 ki: L �'yy]] r''';5*''' '' I . ' 4 ' • r 1 , . `.ltil. �i 1 , ' r • 7, , '1 , FI l City of Farmington 430 Third Street Farmington,Minnesota o 651.280.6800•Fax 651.280.6899 ' '•A PROO\\\ www.cifarmington.mn.us TO: EDA Members FROM: Lee Smick,AICP CNU City Planner SUBJECT: K&K Auto Ranch—Commercial Rehab Grant Application DATE: September 23,2013 INTRODUCTION The owners of K&K Auto Ranch, Ivan and Janet Janssen have submitted an application to the City requesting CDBG funding under the Commercial Rehabilitation Grant to demolish the existing roof on the car port canopy and replace the roof with new materials and metal flashing at 1024 8th Street in Farmington, MN. The City of Farmington Building Official, Ken Lewis, has inspected the canopy and has determined that there is physical decay of the canopy roof and therefore,is detrimental to public health and safety. DISCUSSION The City's CDBG Commercial Rehabilitation Grant provides assistance to property owners that make eligible improvements to commercial properties to prevent deterioration of structures and encourage projects that correct code violations. The owners have requested$3,200 to assist with the roof demolition and replacement on the canopy with the total project cost of$6,400.00,meeting the 1:1 dollar match required by the grant. In reviewing the application, staff concurs that the work identified in the application meets the requirements of the grant program as the car port canopy roof reconstruction will eliminate specific conditions that are detrimental to public health and safety. The City's CDBG fund as of July 31,2013 shows a total available balance in the Commercial Rehabilitation Grant program fund at$0.00. However, funding is available in the Business Development Grant account totaling$36,920.64,which may be shifted to the Commercial Rehabilitation account with approval of the EDA (see previous agenda item). The Dakota County CDA allows CDBG communities to shift funds from one account to the other if funding needs in that account are requested once the community's EDA approves the shift. Bids for Equipment Per the grant, a minimum of three(3) competitive bids must be solicited and two (2) competitive bids must be obtained for each improvement project the Applicant proposes for Program funding. The contract will be awarded to the lowest bid unless the applicant can show reason why a higher bid is preferred. The owners secured five bids and they consist of the following: 1) Neary's Roofing- $8,485 2) Chandler Roofing- $15,800 3) Bill Blazek Roofing-$9,000 4) Crest Exteriors - $12,200 5) At Last Roofing Company- $6,400 The owners prefer to take the lowest bid provided by At Last Roofing Company at a cost of$6,400 (see attached). Staff will bring the recommendation by the EDA to the Council meeting on October 7,2013. The purchase of fire suppression equipment and installation cannot occur before that date. ACTION REQUESTED Award a CDBG Commercial Rehabilitation Grant in the amount up to$3,200 to Janssen,Inc. subject to the following contingencies: 1. Receipt of all required supporting documentation per grant program requirements. 2. The preparation and execution of a grant agreement. 3. The completion of the Slum&Blight for Spot Basis National Objective Form establishing that the improvements identified will eliminate specific conditions that are detrimental to public health and safety. 4. Approval by the Dakota County Community Development Agency(CDA). 5. Applicant and its contractors adhere to provisions regarding federally funded contracts (i.e., Davis Bacon Act). 6. Execute the attached grant agreement of Community Development Block Grant money upon approval of the City Council. Respectfully submitted, Lee Smick,AICP, CNU City Planner/Economic Development Cc: Ivan&Janet Janssen,K&K Auto Ranch City of Farmington Commercial Rehabilitation Grant Program Grant Agreement This agreement is made and entered into this_day of ,2013,by and between Janssen,Inc.having its principal offices at 1024 8th Street,Farmington, Minnesota(hereinafter referred to as"Grantee")and the City of Farmington,a public body corporate and politic,having its principal offices at 430 Third Street,Farmington,Minnesota(hereinafter referred to as "Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program; and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to physical decay and public health and safety; and WHEREAS,the Grantee shall match the total Grant amount received from the Grantor based upon the expenditure of one dollar of Grantee funds for each one dollar of Grant funding;and WHEREAS,the Grantee has applied for Commercial Rehabilitation Grant funds to assist with the roof demolition and replacement on the canopy with the total project cost of$6,400.00 at 1024 8th Street in Farmington,MN;and WHEREAS,the Grantee has requested funding to assist with to assist with the roof demolition and replacement on the canopy with the total project cost of$6,400.00 at 1024 8th Street in Farmington,MN; and WHEREAS,the Grantor has reviewed the Grantee's application and determined that the proposed rehabilitation project eliminates specific conditions detrimental to physical decay and public health and safety. NOW THEREFORE,in consideration of the Grant and the mutual covenants contained herein, the parties agree as follows: 1. The Grantor agrees to provide a maximum of$3,200 (three thousand two hundred dollars)in CDBG funds to the Grantee to assist with the roof demolition and replacement on the canopy with the total project cost of$6,400.00 at 1024 8th Street in Farmington, MN;(the"Project")to eliminate conditions detrimental to physical decay and public health and safety. 2. The Grantee agrees to use the proceeds of the Grant solely to assist with the roof demolition and replacement on the canopy with the total project cost of$6,400.00 at 1024 8th Street in Farmington,MN. 3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all work to be done as part of the Project. 1 4. The Project shall be completed in a timely manner and all Grant funds must be used within one year from the date of the grant agreement("End Date"). The End Date may be extended beyond the original End Date up to one year,upon written approval of the Grantor. 5. The Grantee will require all contractors to pay federal prevailing wages(Davis Bacon Act)to employees working on the Project. The wage determination for this project is General Decision Number: MN130034 02/01/2013 MN34(Attachment B) 6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the Dakota County CDA(contact: Lisa Henning,Assistant Director of Community and Economic Development). Such payroll documents must be approved by the Dakota County CDA before reimbursement payments will be made to the Grantee. 7. Grant funds will be paid on a reimbursement basis only after all improvements have been completed according to the authorized scope of work and have been accepted by the Grantor. 8. The grant agreement will be terminated 90 days from the date of this Agreement if construction work has not yet begun. 9. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years after the date of this grant agreement. 10. The Grantee shall defend,indemnify,and hold harmless the officers and employees of the Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily injury,death,property damage, sickness,disease,or loss and expense resulting from or alleged to result from Grantee's operations under this Agreement. 11. The Grantee agrees to keep in force at all times during the term of this Agreement a comprehensive general liability insurance policy covering any injury and/or property damage caused by any negligent act or omission on the part of the Grantee,its agents, or employees in the performance of or with relation to the work or services to be performed or furnished by the Grantee under the terms of this Agreement in an amount of $2,000,000.00. The Certificate of Insurance shall include the Grantor and Dakota County CDA as certified holders by endorsement. The Grantee further agrees to maintain worker's compensation coverage in accordance with state law. Certificates of Insurance evidencing such insurance policies shall be provided to the Grantor prior to initiation of the work under the Project activities covered by this Agreement and before any reimbursement of grant funds is made. 12. The Grantee agrees to comply with all local,state,and federal equal employment opportunity laws and ordinances as they pertain to unlawful discrimination on account of race,color,creed,religion,national origin, sex,sexual or affectional orientation,marital status,status with regard to public assistance,familial status,disability or age. 13. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in Attachment A. 14. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard Assurances as detailed in Attachment C and Attachment D. 2 15. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of CDBG funds that is not cured within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach,the Grantor may take whatever action, including legal,equitable or administrative action,which may appear necessary or desirable to the Grantor,to enforce performance and observance of any obligation,agreement,or covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to cure said breach within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the Grantee to reimburse the Grantor CDBG funds,plus any expense incurred by the Grantor to include,but not necessarily be limited to,administrative and legal expenses and any investment of CDBG funds. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANTEE: CITY OF FARMINGTON JANSSEN,INC. BY: BY: ITS: ITS: BY: ITS: BY: ITS: Attachment A-PROVISIONS FOR CDBG FUNDED CONTRACTS L SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.) 3 During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion,sex,or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to,the following: employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising;layoff or termination,rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A)through(G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 4 contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (B) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41- CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (D) As used in this Notice, and in the contract resulting form this solicitation,the "Covered Area"is Dakota County,Minnesota. 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; 5 (2) "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (4) "Minority"includes: (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands):and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith'efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,nor the regulations promulgated pursuant thereto. (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; 6 (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations 7 such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review,at least annually,of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1)through(16)]. The efforts of a contractor association,joint contractor-union, contractor-community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in 8 paragraph(G) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped—Affirmative Action for Handicapped Workers (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each 9 subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract,including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non- discrimination in employment. (D) The reports required by paragraph(B)of this clause shall include, but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State,with the central office of the State employment service. Such reports shall indicate for each hiring location(1) the number of individuals hired during the reporting period, (2) the number of non- disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which these reports and related documentation shall be made available,upon request,for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings,recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State 10 system, there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia,Puerto Rico, Guam and the Virgin Islands. (G) The provision of paragraphs(B),(C),(D),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative,and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security,or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system"means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established"recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement"means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. • 11 (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 10,000 or more unless exempted by rules,regulation,or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each - subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. E. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training,Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance,its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. H. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) 12 A. During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. B. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following: 1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry,reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph(1)through(4)of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. III. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief,that: A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 13 or I/45 1/1/ • 3320 Upper 147th Street Neary s Roofing Rosemount,.MN 55068 (651) 423-3530 • April 23, 2013 K&K Auto Ranch 1024-8th St • Farmington, MN 55024 Roofing in accordance to the following specifications: Office Building 1. Wet insulation will be replaced with new. 2. Will be roofed with rubber roofing extended 6'up awning Awning 1. 2"x 4"'s will be nailed vertically to over present roofing to existing purlings 2. A second layer of 2'x 4"'s will be nailed horizontally to these at 3'centers. 3. Steel roofing will be screwed to these. Bottom Side of Awning 1. Brite white steel roofing will be screwed to bottom of present purling over the present plywood to cover deteriorated ceiling. 2. Replace present sheet metal on edges. This bid does not include electrical work or ventilation. All labor and materials $8,485.00 • Terms: one-half down and one-half upon completion • Apr.25.2013 04:08 Chandler Roofing Co Inc. 651 388 6358 PAGE. 1/ 2 - 0442 1 41/;25/1, CHANDLER WI License#864059 2411 Goodhue Street MN License#20630961 Ofce Phone:651-388-9415 RO Red Wing,MN 55066 OF ' NG dana@►chandle roQfln cQ.com This proposal is being submitted to: Work to be performed at K and K Auto Ranch K and K Auto Ranch 1024 8"`Street 1024 8"Street Farmington,1VIN 55424 Farmington,MN 55024 Contact:Fred Barker Phone:(651)460-6464 April 26,2013 60 MIL EPDM System(Roof,Deck and Ceiling Removal/Replace) WORK BE G DQNF • Approximate square footage of roof is 832 square feet. Approximate square footage of ceiling is 900 sq. feet. • Remove existing roofing,base fleshings,wood decking,ceiling and related components to the wood trusts. Remove membrane and insulation five feet into finished building--Chandler Roofing Co.Inc.cannot be held responsible for existing or future mold conditions caused by existing wet materials. • Remove ceiling panels along with sheet rock underneath car port down to the wood trusts. • Damaged wood trusts will be reviewed by Chandler Roofing Co.Inc.and owner's representative prior to its replacement. • Provide and install.5"paintable plywood to existing ceiling. • Provide and install.5"O$B board along with H-Clips. • Over top of structural decking,install one layer of.5"(R Value 1.35)wood fiberboard insulation. Insulation plates will be used in order to fasten down insulation. Insulation removed over finished building will be replace with poly iso rigid insulation at the same height in which was taken out. • Over the top of newly installed roofing insulation,install John Mansville 60 MIL EPDM membrane and allow to relax. Apply glue adhesive on insulation and membrane and allow the proper time to dry. After adhesive has dried r roll onto ed areas and press firmly together to adjoining membrane,seams allow to dry. Apply • All T-Joints will be covered with T joint covers. • All perimeter metal fleshings will be removed and reused. • Price includes(10)year Chandler Roofing Contractor's warranty. • Notes • Disconnect and/or reconnect ofHVAC,plumbing or electrical is excluded • Paint for ceiling excluded • New coping metal(optional): $9.00 per linear foot • r Est imated Total Cost: NT $15,800.00 CHANDLER www.chandlerra�ofinl�co•cem ROOFING Apr.25.2013 04:09 Chandler Roofing Co Inc. 651 388 6358 PAGE. 2/ 2 ACGEPT�N C OF ROPOSAL 1. Accepts proposal dated April 26,2013 for application of 60 MUL EPDM System and outside ceiling replacement at 1024 8`h Street,Farmington,MN 55024. The area to be roofed is approximately 832 square feet and ceiling to be replaced is approximately 0 sq.ft. by law. Chandler 2. Chandler Roofing Co.Inc.,to conform to safety requirements Roofing Co.Inc.to provide all licenses and insurance as required by law. All checks will be made payable to Chandler Roofing Company Incorporated. $15,800.00 3. Terms: 60%due upon arrival of material 40%due plus any extras stated in work criteria due upon completion of project 4. All warranties begin once job is fully completed and full payment has been received. Work done on rooftop without knowledge of Chandler Roofing Co.Inc.may void warranty. 5. Any extra work done that is not stated under the work order may result with extra charges. A change order may have to signed. and other 6. Chandler Roofing Co.Inc.,to remove all excess material,empty containers,equipment tools from jobsite upon completion of project. 7. Chandler Roofing Co.Inc.will not be responsible for any interior damages done to pipes or electrical conduits within four inches of bottom side of structural decking. 8. Due to the removal of a roof membrane,Chandler Roofing Co.Inc.will not be responsible for any interior damages due to fallen debris. 9. Building Permit will be applied for through the City of Farmington. All building permit related fees will be charged extra at job start. 10. This proposal maybe withdrawn by Chandler Roofing Co.Inc if not accepted within 30 days. /,Th• Dana C I dler Chandler Roofing Co.Inc. ACCEPTED BY: SIGN DATE • PRINT, TITLE �— FAX back to 651-38 8-6359 CHANDLER w.chandigrroafingco.cam. ROOFING From:United Products 6512847600 04/25/2013 15:26 #507 P.001/001 7/2 5/0 PROPOSAL BILL BLAZEK ROOFING 9410 LONGRIDGE COURT • ELKO,MN 55020 � (952)447-7059 CELL:(952)212-3399 65/- //_ 1 by (/ ‘fit.)( , www.billblazekroofing.com l(J LICENSED&INSURED LICENSE#20627537 PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: NAME ADDRESS ADDRESS 1/� 9,,l v i v k yl N I i ‘12;1 114 :5T f f navy.?A. PHONE NO. / We hereby propose to furnish the materials and perform the labor necessary for the completion of /r � / G�aa/� C"-' /7/y. A // ;ia ''/ r gi>"-1C4,0 ! / 1;7;6 y'l'` ..fr, / //4!,-.,il`'p e ' .41,'j?g�/" .40©0:.4 /'/ eg./ 4-e z ,�`f- /le t?,'f-4 �}// All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work, and completed in a substantial workmanlike manner for the sum of Dollars ($ /,' ' with payments to be made as follows: fit/ Respectfully submitted ! � Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,acci- Per dents,or delays beyond our control. Note - This proposal may be withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date _ Signature PROPOSAL Date 'ASV Prop# Crest Exteriors Customer • Emergency Service Address Z2 ( $7-17- • Year Round Service • Insurance Claim Specialist Billing Address City Stated Zip,. i+aye 22382 Chippendale Avenue Home# ��,,� Office# Farmington, MN 55024 Fax# Other# OFFICE: 651-460-6181• FAX: 651-463-8095 Location of Job WORK CONTRACT ANY ADDITIONAL WORK PERFORMED @$75.00 PER MAN HOUR PLUS MATERIALS IF NEEDED. Add►►oval Details: s senneel le t11. e l.S' eiCe 0P0,6riwit, 6 .,da-1; /a Pt we c.eg. 4,-- ii* .S''a ,ls 1, h (/ !fir. .` 1-' ! 7.! i :I� • - :r :.._! ❑ Lead paint applies(Certification#NAT-112067-1) ❑Yes ❑No • The Undersigned Contractor agrees to furnish all materials and labor necessary for the work(specified above).I/We the OWNER agree to pay you the sum indicated in the box checked and initialed above.With Payment to be made as follows: 25% Down Payment ... Balance on Completion TERMS: CANCELLATION POLICY: This Agreement("Agreement")does not obligate the Customer or Crest Exteriors You may cancel this Agreement at any time within 72 hours after you in any way unless payment for the work described herein("Work")is approved by have been notified that your insurer has denied your claim to for the Customer's insurance company and accepted by Crest Exteriors.The price y y under this Agreement("Contract Price")shall be the amount ultimately approved goods and services to be provided under this Contract See attached by Customer's insurer for the Work described herein,plus any supplements or Notice of Cancellation form for an explanation of this right. change orders,with no additional costs to the Customer except for Customer's insurance deductible. When the Contract Price is determined it shall be inserted and initialed here: $ / ,and the Customer author- GUARANTEE: izes Crest Exteriors to provide labor and materials to accomplish the Work in Materials covered by manufacturer's warranty.Written guarantee provided for labor. accordance with the Contract Price,the specifications set out herein and on the reverse side hereof,and pursuant to documentation from the Customer's insurer. ACCEPTANCE: Any insurance proceeds the Customer receives for a loss other than the scope of Homeowner acknowledges and agrees to the terms on the reverse side of this the Work are not part of the Contract Price. Agreement and that they are incorporated into this Agreement by reference.The above contract and terms of payment are hereby accepted and you are authorized to do the work as specified.Please sign,date and return white copy with 25% down payment.Thank you! by • Company Representative (Purchaser) - Date Signed (Joint Purchaser) Date Signed . re License BC632 ., o nded • Insured CONTRACTORS PROPOSAL carbonless unit set A-NC3819/T-3850 riP 46-5 PR O P O SA Page# of pages` A 71_ As / gOOF/A1 co, Z/vC jig 2- y •I h d fr/ c /4/ AV, CA1v1/00/ FA c“ m / frr'dp . • Cs- , 2dg /d44 d tic Ri' 2/7 9ds . Proposal Submitted To: /f ( `fr Ala 7o 'A �c, Job Name Job# Address � Job Location Date Date of Plans Phone# Fax# Architect c d d/- 0 r c,� ,o We hereby submit specifications and estimates for: e / . ,,r 0 ` ?i 7/.41 r d O f .Z; 41-c I-Pv 'GY we -rd ReOf 7-6 Yee 134, 7H aA/ /?Odf Pfc ( 4A/p o,J Sdit77 50 tyre/4 5 ,rp .r 11/. 7 AcL New ,f'//fli'e ' /fief Rt Z, 5y1 a- 6144- ff A-5/f/,0c , c G 6"04,+/ VP A.vP /14 la Awd-f/ 44 ,080.514 • / We propose hereby to furnish_mlterial and labor—complete in accordance with the above specifications for the sum of: Dollars with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs will Respec u y submitted be executed only upon written order,and will become an extra charge over and ,, -1, above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control. ` `ote—this pr• , al may be withdrawn by us if not accepted within • days/ I/ ACCEP The above prices,specifications and conditions are satisfactory and are ANCE OF PROPOSAL hereby accepted. 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N i � Y 1 1 ' h.• ry .r,, ` .fit,.\ '-'4. °s a 1 fir, \ y �' r: t ry L H �a 1 x ;. °Y xs' 1 • l s 1 7 i i { \\ S \\ / .,. , k,.,,,, ..•, i f: e.4;47 '\, Li ke 7.4 iir: t,6s z r iil,.;„ ��M1 M • — lir 411 , - 1 a wr r �; . : ! l . s wr xars � ' f 1 , ? ,h' S r. _ 0., ) ,'4 'ti, CO. ,, l', VikitO , � d :'' i ,.41.?:' ('; ,, ik,, Z ,il 1\ikli' ; 3!",11N ' e, ., 1 44- I a f k e *. y City of Farmington Uz, 430 Third Street Farmington,Minnesota f o 651.280.6800•Fax 651.280.6899 wwwci.farmingto TO: EDA Members FROM: Lee Smick,AICP CNU City Planner/Economic Development SUBJECT: Long Branch Saloon&Eatery—Commercial Rehab Grant Application DATE: September 23,2013 INTRODUCTION The owner of the Long Branch Saloon & Eatery, Ken LaBeau, has submitted an application to the City requesting CDBG funding under the Commercial Rehabilitation Grant to remove the existing green canopy, repair and reside the existing brick, remove the façade's existing glass and glass door and install tempered glass per City Code on his restaurant (Long Branch Saloon & Eatery) at 309 Third Street in Farmington, MN. The existing green canopy needs to be removed per the City Code due to the physical decay that is detrimental to public health and safety. The City's Building Official, Ken Lewis, has determined that the green canopy is rotting and is unsecure. Additionally,the brick needs repair and the windows need replacement. DISCUSSION The existing green canopy needs to be removed per the City Code due to the physical decay that is detrimental to public health and safety. The City's Building Official, Ken Lewis, has determined that the green canopy is rotting and is unsecure. The existing bricks which are cracking and separating will be refaced with a brick siding material. The existing windows and glass in door need to be replaced with tempered glass per City Code. The City's CDBG Commercial Rehabilitation Grant provides assistance to property owners that make eligible improvements to commercial properties to prevent deterioration of structures and encourage projects that correct code violations. The owners have requested$14,720.64 to assist with the reconstruction of the façade with a total cost to the project at$30,941.06,meeting the grant limit of$35,000. In reviewing the application, staff believes that the work identified in the application meets the requirements of the grant program as the reconstruction of the facade will eliminate specific conditions that are detrimental to public health and safety. The City's CDBG fund as of July 31,2013 shows a total available balance in the Commercial Rehabilitation Grant program fund at$0.00. However, funding is available in the Business Development Grant account totaling $36,920.64, which may be shifted to the Commercial Rehabilitation account with approval of the EDA (see previous agenda item). The Dakota County CDA allows CDBG communities to shift funds from one account to the other if funding needs in that account are requested once the community's EDA approves the shift. Bids for Equipment Per the grant, a minimum of three(3)competitive bids must be solicited and two (2)competitive bids must be obtained for each improvement project the Applicant proposes for Program funding. The contract will be awarded to the lowest bid unless the applicant can show reason why a higher bid is preferred. The three bids received include the following: 1) Ratzlaff Homes, Inc. - $34,535 2) Pete Elvestad Construction,Inc. -$32,000 3) NKN Construction,LLC. - $30,941.06 The owner prefers to take the lowest bid provided by NKN Construction,LLC. at a cost of$30,941 (see attached)with a grant of$14,720.64 to zero out the Commercial Rehabilitation Grant. The attached photos show decay of the green canopy and deterioration of the brick on the façade. No reconstruction of the façade will commence until the Commercial Rehabilitation Grant request is approved by the EDA and City Council. Staff will bring the recommendation by the EDA to the City Council meeting on October 7,2013. The purchase of any materials for the reconstruction and installation cannot occur before that date. ACTION REQUESTED Recommend approval to the City Council to award a Commercial Rehabilitation Grant in the amount up to $14,720.64 to the Long Branch Saloon&Eatery, subject to the following contingencies: 1. Receipt of all required supporting documentation per grant program requirements. 2. The preparation and execution of a grant agreement. 3. The completion of the Slum&Blight for Spot Basis National Objective Form establishing that the improvements identified will eliminate specific conditions that are detrimental to public health and safety. 4. Approval by the Dakota County Community Development Agency(CDA). 5. Applicant and its contractors adhere to provisions regarding federally funded contracts (i.e., Davis Bacon Act). 6. Execute the attached grant agreement of Community Development Block Grant money upon approval of the City Council. Respectfully submitted, Lee Smick, AICP, CNU City Planner/Economic Development Cc: Ken LaBeau,Long Branch Saloon&Eatery • City of Farmington Commercial Rehabilitation Grant Program Grant Agreement This agreement is made and entered into this day of ,2013,by and between Desert Enterprises DBA having its principal offices at 309 Third Street,Farmington, Minnesota (hereinafter referred to as"Grantee")and the City of Farmington,a public body corporate and politic,having its principal offices at 430 Third Street,Farmington,Minnesota(hereinafter referred to as"Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program;and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to physical decay and public health and safety;and WHEREAS,the Grantee has applied for Commercial Rehabilitation Grant funds to remove the existing green canopy,repair and reside the existing brick,remove the façade's existing glass and glass door and install tempered glass per City Code(Long Branch Saloon&Eatery)at 309 Third Street in Farmington,MN;and WHEREAS,the Grantee has requested funding to assist with removing the existing green canopy,repair and reside the existing brick,remove the façade's existing glass and glass door and install tempered glass per City Code on the restaurant(Long Branch Saloon&Eatery)at 309 Third Street in Farmington,MN.;and WHEREAS,the Grantor has reviewed the Grantee's application and determined that the proposed rehabilitation project eliminates specific conditions detrimental to physical decay and public health and safety. NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties agree as follows: 1. The Grantor agrees to provide a maximum of$14,720.64(fourteen thousand seven hundred and twenty dollars and sixty-four cents)in CDBG funds to the Grantee to assist with removing the existing green canopy,repair and reside the existing brick,remove the façade's existing glass and glass door and install tempered glass per City Code on the restaurant(Long Branch Saloon&Eatery)at 309 Third Street in Farmington,MN(the "Project")to eliminate conditions detrimental to physical decay and public health and safety. 2. The Grantee agrees to use the proceeds of the Grant solely to assist to assist with removing the existing green canopy,repair and reside the existing brick,remove the façade's existing glass and glass door and install tempered glass per City Code on the restaurant(Long Branch Saloon&Eatery)at 309 Third Street in Farmington,MN. 1 3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all work to be done as part of the Project. 4. The Project shall be completed in a timely manner and all Grant funds must be used within one year from the date of the grant agreement("End Date"). The End Date may be extended beyond the original End Date up to one year,upon written approval of the Grantor. 5. The Grantee will require all contractors to pay federal prevailing wages(Davis Bacon Act)to employees working on the Project. The wage determination for this project is General Decision Number: MN130034 02/01/2013 MN34(Attachment B) 6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the Dakota County CDA(contact: Lisa Henning,Assistant Director of Community and Economic Development). Such payroll documents must be approved by the Dakota County CDA before reimbursement payments will be made to the Grantee. 7. Grant funds will be paid on a reimbursement basis only after all improvements have been completed according to the authorized scope of work and have been accepted by the Grantor. 8. The grant agreement will be terminated 90 days from the date of this Agreement if construction work has not yet begun. 9. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years after the date of this grant agreement. 10. The Grantee shall defend,indemnify,and hold harmless the officers and employees of the Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily injury,death,property damage,sickness,disease, or loss and expense resulting from or alleged to result from Grantee's operations under this Agreement. 11. The Grantee agrees to keep in force at all times during the term of this Agreement a comprehensive general liability insurance policy covering any injury and/or property damage caused by any negligent act or omission on the part of the Grantee, its agents, or employees in the performance of or with relation to the work or services to be performed or furnished by the Grantee under the terms of this Agreement in an amount of $2,000,000.00. The Certificate of Insurance shall include the Grantor and Dakota County CDA as certified holders by endorsement. The Grantee further agrees to maintain worker's compensation coverage in accordance with state law. Certificates of Insurance evidencing such insurance policies shall be provided to the Grantor prior to initiation of the work under the Project activities covered by this Agreement and before any reimbursement of grant funds is made. 12. The Grantee agrees to comply with all local,state,and federal equal employment opportunity laws and ordinances as they pertain to unlawful discrimination on account of race,color,creed,religion,national origin, sex,sexual or affectional orientation,marital status,status with regard to public assistance,familial status,disability or age. 2 13. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in Attachment A. 14. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard Assurances as detailed in Attachment C and Attachment D. 15. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of CDBG funds that is not cured within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach,the Grantor may take whatever action, including legal,equitable or administrative action,which may appear necessary or desirable to the Grantor,to enforce performance and observance of any obligation,agreement,or covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to cure said breach within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the Grantee to reimburse the Grantor CDBG funds,plus any expense incurred by the Grantor to include,but not necessarily be limited to,administrative and legal expenses and any investment of CDBG funds. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANTEE: CITY OF FARMINGTON DESERT ENTERPRISES DBA BY: BY: ITS: ITS: BY: ITS: BY: ITS: Attachment A-PROVISIONS FOR CDBG FUNDED CONTRACTS • I. SPECIAL EQUAL OPPORTUNITY PROVISIONS 3 A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.) During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex,or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to, the following: employment, upgrading, demotion, or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising;layoff or termination,rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. 4 (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A)and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the • "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (B) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41-CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (D) As used in this Notice, and in the contract resulting form this solicitation, the "Covered Area"is Dakota County,Minnesota. 5 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (4) "Minority"includes: (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands):and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,nor the regulations promulgated pursuant thereto. (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. 6 (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to 7 minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review,at least annually,of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1)through(16)]. The efforts of a contractor association,joint contractor-union, contractor-community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such 8 sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph(G) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped—Affirmative Action for Handicapped Workers (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take 9 affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The • Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non- discrimination in employment. (D) The reports required by paragraph(B) of this clause shall include, but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State,with the central office of the State employment service. Such reports shall indicate for each hiring location(1) the number of individuals hired during the reporting period, (2) the number of non- disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which these reports and related documentation shall be made available,upon request, for examination by any authorized representatives of the contracting officer or of the 10 Secretary of Labor. Documentation would include personnel records respecting job openings,recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia, Puerto Rico, Guam and the Virgin Islands. (G) The provision of paragraphs(B),(C),(I)),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative,and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing,including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security,or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system"means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established"recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement"means employment openings which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. 11 (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 10,000 or more unless exempted by rules,regulation,or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. E. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training,Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance,its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 12 H. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) A. During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. B. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following: 1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry,reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director,Office of Federal Activities,EPA,indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph(1)through(4)of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. M. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief,that: A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. • 13 0«dl Job Name: Long Branch Client: Branch, Long ` Total Cost: $30,941.06 General Conditions - 3,336.97 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 1.00 EA Provide Building Permits&Plan Review 0.00 3,000.00 0.00 X 3,000.00 1.00 EA 20 Yard Dumpster 336.97 0.00 0.00 X 336.97 3,336.97 Site Work 0.00 Protection 198.22 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 2.00 EA Supply&Install Fencing for Protection of Property& 99.11 0.00 0.00 X 198.22 Construction Areas 198.22 Demolition 2,670.99 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 8.00 HR Demo Window 54.51 0.00 0.00 436.08 2.00 HR Demo Entry Door 54.51 0.00 0.00 109.02 24.00 HR Demo Wood Roof&Walls 54.51 0.00 0.00 1,308.24 15.00 HR Demo Brick 54.51 0.00 0.00 817.65 2,670.99 Concrete&Masonry 0.00 Framing 3,500.00 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 750.00 SF Supply&Install TYVEK®Type or Equivalent Wall 020 1.00 0.00 X 750.00 Covering 25.00 SHT Supply&Install Exterior Wall Sheathing-7/16 Inch 33.20 40.00 0.00 X 1,000.00 OSB 700.00 SF Wall Framing(Interior&Exterior) 2.13 2.50 0.00 1,750.00 3,500.00 Roofing 0.00 8/7/2013 Page 1 of 3 Siding 0.00 Windows 0.00 Installed Windows 0.00 Doors 0.00 Installed Doors 8,000.00 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 1.00 EA Door Installation Allowance 0.00 8,000.00 0.00 8,000.00 8,000.00 Plumbing 0.00 HVAC 0.00 Electrical 0.00 Low Voltage 0.00 Insulation 0.00 Drywall 0.00 Painting&Finishing 0.00 Flooring 0.00 Tile&Stone 0.00 Cabinets 0.00 Countertops 0.00 Finish Carpentry 0.00 Fencing 0.00 Glass&Mirrors 0.00 Fireplaces 0.00 Appliances 0.00 Home Theater&Media 0.00 Landscaping 0.00 Enclosures 0.00 Other 0.00 Andersen Windows 0.00 Andersen Doors 0.00 8/7/2013 Page 2 of 3 Installed Roofing 0.00 Installed Siding 11,550.00 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 550.00 SF Supply Materials for Fiber Cement Brick 0.82 11.00 0.00 6,050.00 550.00 SF Labor for Fiber Cement Plank Siding 2.73 10.00 0.00 5,500.00 11,550.00 Decks 0.00 Equipment 1,684.88 Room:General Qty Unit Description Sub Average My Cost Bid ML Ext 4.00 DAY Provide Skid Steer 198.22 0.00 0.00 792.88 4.00 DAY Provide Boom Lift 223.00 0.00 0.00 892.00 1,684.88 Clean 0.00 Water Intrusion 0.00 Ceilings 0.00 Labor 0.00 r, � —— —— -- ,ilia+:. —--' ,001°°°°%k\ Catil Robert Kammueller Phone:(651)344-8806 License3 Cell;(651.)'248-7363' insured rkammueller@charternet - r. • 8/7/2013 Page 3 of 3 '50 442- Longbranch Saloon &Eatery R`•�= -11. Farmington,MN at Z August 12,2013 y-.��=III=�■■_ g Marie S"4 'WUi et gm Daeuxw... PROPOSAL FOR EXTERIOR REMODEL Project to Include: • Removal & Disposal of existing entry door, windows and frames. • Removal & Disposal of all brick and wood materials • Repair all sub structures as needed to complete project • Supply & Install new sheathing and house wrap all areas as needed • Supply & Install new commercial grade aluminum window with tempered glass • Supply & Install new commercial entry door and frame with closer • Supply & Install new drystak stone in areas under windows and adjacent to entry way Project to include all equipment, labor, materials and building permits required to complete project as outlined above. Longbranch Saloon&Eatery Ratzlaff Homes, Inc. Page 1 of 3 Concealed Conditions: In the event of discovery of any unknown, concealed conditions,latent defects, or unforeseen conditions, including but not limited to existing code violations,hazardous materials,including,but not limited to, lead- based paint,mold and asbestos, (collectively, "concealed conditions"), Owner is responsible for payment of all costs associated with the repair or remedying of the concealed conditions. Changes:. Any alteration or deviation from above specifications involving extra costs will be executed only upon a written change order, and will become an extra charge or credit based upon the agreed price and/or allowances. All installation and scheduling agreements are contingent upon weather delays,materials delays, strikes, accidents, or any other delays beyond our control. Purchase Price: All material is guaranteed to be as specified, and the work is to be performed in accordance with‘-the drawings and specifications submitted and completed in a substantial workmanlike manner for the sum of: Thirty-Four Thousand Five Hundred Thirty-Five Dollars and 00/100 $34,535.00 Payments to be made as follows: 1/3 Down Upon Contract Signing 1/3 Upon Start of Project Remaining Balance Due at Final Sign Off The pricing in this proposal is good for 30 days unless entered into a construction agreement *All additions to this final price will have to have a guarantee from SMSC funding or proof of funds from homeowner. Ho eowner Date Homeowner Date 1 1� ' 41113 Contractor ate Ratzlaff Homes,Inc 21483 Grenada Ave, Suite 120 Lakeville,MN 55044 952-985-5959 Longbranch Saloon&Eatery Ratzlaff Homes, Inc. Page 2 of 3 NOTES: Windows: • All double windows will have both sides operating with screens Cleaning: • Final cleaning of the areas worked is included • All duct work in addition will be cleaned prior to closing • All windows in area worked will be cleaned inside and out prior to closing Dumpster: • The dumpster on site is to be used for construction debris only, any homeowner debris in dumpster will be charged to homeowner for special dump fee Longbranch Saloon&Eatery Ratzlaff Homes, Inc. Page 3 of 3 Asyv, Proposal 7©(°1°@ ill\----. ...,> pot ,.., g / , __ / e _ °4°atig.T°D°@°q° .09140. °°�� 20475 Cambodia Ave., W. a Farmington, MN 55024 (612) 463-8777 Pr.•poee9 Submitted To Work to be Performed At Name Z-‘,... ig c. 14e4e. Street O/ a '�)'". Street Z 0 _ erg v'.: City } s. State State A3 Proposal Number City � � p Telephone Number Date t®/2-- / 3 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of ,. V) / r ,24 /3 ® . Cl Ial ,L" 4/4.7.e 1 /4-)1441.0.r.,sot,ire— , =MIME. 00 Lad t i acaPr /44--1-4- ) / �i yd , I ". Z 0 0 All material is guaranteed to be as specified, and the above work to be performed In accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of ��� �� Dollars($ ) with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. Workmen's Compensation and Public Liability Insurance on above work to betaken out by Pete Elvestad Construction, Inc. All accounts are due and payable In full within 30 days of substantial completion unless sooner owing as stated above. Thereafter,all accounts shall bear interest at 18%per annum,computed monthly. Respectfully Submitted PET .' ?1 CONS lip. ON, INC. 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