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Home My WebLink About04.06.15 Council Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Douglas Bonar Terry Donnelly Tim Pitcher AGENDA REGULAR CITY COUNCIL MEETING April 6, 2015 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Earth Day and Arbor Day Proclamation—Parks and Recreation Proclaimed b) Rambling River Center's MusicianFest Performance Series—Parks and Recreation Information Received 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during"Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (3/16/15 Regular) Approved b) Approve Temporary On-Sale Liquor License St. Michael's Church— Administration Approved c) Adopt Resolution—Approve Gambling Event Permit St. Michael's Church— Administration R15-15 d) Adopt Resolution—Accept Donation to the Rambling River Center—Parks and Recreation R16-15 e) Approve School and Conference Attendance Request—Parks and Recreation Pulled f) Approve Agency Funds Operating Transfer—Finance Approved g) Approve Tracker Investment Management Subscription Agreement— Finance Approved h) Approve Joint Powers Agreement Flagstaff Avenue Dynamic Speed Display Signs—Engineering Approved i) Approve Metro WaterShed Partners Membership—Engineering Approved j) Approve Paid Time Off(PTO)Transition—Human Resources Approved k) Appointment Recommendation Fire Department—Human Resources Approved 1) Appointment Recommendation Liquor Operations—Human Resources Approved m) Appointment Recommendation Liquor Operations—Human Resources Approved n) Appointment Recommendation Liquor Operations—Human Resources Approved o) Acknowledge Resignation Liquor Stores—Human Resources Acknowledged p) Approve Bills Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed Speakers will be given at least three minutes to speak per item.Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Parking Restriction Request Spruce Street-Engineering Tabled 4/20/1 5 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Agreements for the Purchase and Installation of a Picnic Shelter in Fair Hills Park—Parks and Recreation Approved b) Approve Community Development Block Grant Commercial Rehabilitation Grant Contract Often 400 Third Street—Community Development Approved c) Adopt Resolution Accept Sponsorships of the Music in the Park Program— Parks and Recreation R17-1 S 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Wit/ ► City of Farmington 430 Third Street Farmington,Minnesota a 651.280.6800 -Fax 651.280.6899 4�1 • www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Earth Day and Arbor Day Proclamation DATE: April 6, 2015 INTRODUCTION The United States has celebrated Earth Day on April 22nd since 1970. Earth Day became a global event in 1990. The city council has proclaimed Earth Day in Farmington for many years and staff is requesting to continue with this tradition. The City of Farmington has been designated as a Tree City USA community for the past 25 years. To continue with this designation,the city council must proclaim Arbor Day in the City of Farmington. DISCUSSION Promoting Earth Day reminds people to rededicate themselves to another year of continuing care of the Earth. In commemoration of Earth Day,the city has the following events planned: • 14th Annual Community Pond&Park Cleanup Day event on Saturday, April 25,2015 from 9:00- 11:00 a.m. • In conjunction with the Pond&Park Cleanup Day event on April 25th,the city is partnering again this year with Farmington Community Education to bring the 11th Annual Earth&Arbor Day Celebration to the community. Earth&Arbor Day will be held at the Rambling River Center from 11:30 a.m. to 1:00 p.m. This event will give participants an opportunity to learn about how their actions impact the environment with science and art activities, animals, educational exhibits and more. • Five consecutive Saturday dates of April 18 and 25 and May 2, 9 and 16 have been designated for the Curbside Cleanup Day program,which gives Farmington residents the opportunity to recycle and dispose of materials not normally picked up during weekly garbage and recycling service. The city will be celebrating Arbor Day with a tree planting celebration that will be held on Friday,April 24, 2015 at 10:00 am in Tamarack Park. The tree planting celebration will involve fifth grade students from Riverview Elementary School assisting city staff with planting trees in the park. This is a public event, so city council and community members are invited to attend and participate in this event. BUDGET IMPACT NA ACTION REQUESTED Proclaim Wednesday,April 22,2015 as Earth Day and Friday, April 25, 2015 as Arbor Day in Farmington and have Mayor Larson sign the attached proclamation. ATTACHMENTS: Type Description D Exhibit Earth Day and Arbor Day Proclamation �o�EaRMiy�o City of Farmington z 430 Third Street Farmington, Minnesota **6'1.'�16' 651.280.6800•Fax 651.280.6899 'A PRONE`' www.cilarmington.mn.us PROCLAMATION EARTH DAY — April 22, 2015 ARBOR DAY — April 24, 2015 WHEREAS, The people of Farmington take great pride in the city's natural environment; including the beautiful shade trees and native plants that enrich our lives in many ways; and WHEREAS, We need to practice safe environmental approaches in managing our forest, lakes, wet lands, and open spaces; and WHEREAS, Farmington promotes development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment; and WHEREAS, The purpose of celebrating Earth Day and Arbor Day is to emphasize the importance of preserving our natural environment through sustainable activities such as recycling, waste reduction and resource conservation; and WHEREAS, Farmington recognizes the need to protect and preserve the beauty of our community by promoting good stewardship of our natural environment for future generations: NOW THEREFORE, BE IT RESOLVED that I, Todd Larson, Mayor, on behalf of the City Council, do hereby proclaim April 22, 2015 as Earth Day and April 24, 2015 as Arbor Day and the month of May as Arbor Month in the city of Farmington. Earth Day and Arbor Day activities and events will educate all citizens on the importance of acting in an environmentally sound fashion by reducing waste, conserving energy and water, using efficient transportation, an adopting more ecologically sound lifestyles. PROCLAIMED this 6th day of April, 2015. Todd Larson, Mayor o��AR�/�, City of Farmington 9:(1114.9 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 44n4Fitow,, www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Nicole Gorman, Recreation Supervisor SUBJECT: Rambling River Center's MusicianFest Performance Series Parks and Recreation DATE: April 6, 2015 INTRODUCTION The Parks and Recreation Department is excited to announce that it has been selected to receive free entertainment for a MusicianFest Performance Series (MPS)that will be held at the Rambling River Center. DISCUSSION Recreation Supervisor Nicole Gorman submitted an application to the National Council on Aging's National Institute of Senior Centers for an MPS that would be funded by the Music Performance Trust Fund(MPTF) and Film Fund. Recently Recreation Supervisor Gorman was notified the application was approved. As a result the MPS will be held at the Rambling River Center. The musical entertainment will be geared for older adults. Exhibit A contains additional information about the MPS. There will be a total of eight admission-free professional music performances. Six of the performances will be held on Wednesday mornings at 10 a.m. in the Banquet Room at the RRC on the following dates: • May 20 & June 24—"Big"Bob Scoggin is a full-time career musician,who sings,plays guitar, and electric and acoustic upright bass. • May 27&June 3—Dan Newton's repertoire includes popular"oldies,"old-time and polka, sing- alongs, country, and ethnic favorites. He is an accordionist. • June 10 & 17—Mary Louise Knutson is an award winning jazz pianist and composer. In addition to these Wednesday performances,two additional performances have been scheduled on the following dates: • Tuesday,April 28—Paul Hefferon • Monday,June 22—Performer yet to be determined It is important to recognize that music is a powerful connector. Research shows that music can reduce chronic pain and depression; affect positive changes in mood and emotional states; and reduce anxiety and stress. Music programs then are a good fit for the Rambling River Center and its membership. BUDGET IMPACT There is no budget impact. All funding for the MPS will be provided by the MPTF and the Film Fund. The city is not required to provide any matching funds. The city does not directly receive the grant funds. Instead,the American Music Federation handles all arrangements for paying the musicians for their performance via the grant from the MPTF and Film Fund. ACTION REQUESTED This item is for informational purposes only. ATTACHMENTS: Type Description 13 Exhibit MPS Information PUBLICITY GUIDE FOR MUSICIANFEST, MARCH-JUNE 2015 EXHIBIT A Musician Fest ncxt Performance Series National Institute of Senior Centers Publicity Guide 1,- 45.1, .�� National Institute Publicity Guide of Senior Centers 1 PUBLICITY GUIDE FOR MUSICIANFEST, MARCH-JUNE 2015 Welcome to the MusicianFest Performance Series NCOA's National Institute of Senior Centers (NISC) has partnered with the Music Performance Trust Fund (MPTF) and the Film Fund to provide grants for up to 500 live music performances at senior centers across the U.S. Here's how it works: • Senior centers apply for a specific number of performances for their city/organization/partners to NISC. • NISC and the MPTF will award a select number of performances at their discretion. • The MPTF will contact the American Federation of Musicians (AFM)local office serving your community to confirm availability of performer(s). • NISC will introduce the senior center to the AFM local office.The AFM local office will then contact the senior center to plan and schedule the time,date,locations,length (usually 60 to 90 minutes),and general music content of each performance(s),to occur between March 15 and June 30,2015. • In nearly all cases,the musician assigned for these performances has vast experience performing for senior audiences.These are all professional musicians,who derive their livelihood from their musical talents. • The AFM local office will handle all arrangements for paying the musician(s) for the performance(s)via the grant from the MPTF and the Film Fund. • Senior centers and local AFM representatives are encouraged to establish a relationship to independently work together on other such events beyond the scope of this grant initiative. • A press release will be provided by the NCOA in advance that can be personalized to alert your local media of this initiative.We encourage participants to help expand the awareness of this campaign to help us continue it and even expand it in the future. • Senior centers are asked to provide feedback on the success of the program with photos, letters,and testimonials from the audience if appropriate.A questionnaire will also be provided by the NCOA to measure the impact of this pioneer program. The power of music to bring joy,purpose,connectivity,and healing to older adults is immeasurable. We look for your participation,support,and guidance in making this initiative a success! 2 411■Rift, City of Farmington rth a p 430 Third Street + Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 �is,• ,��°,_ www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Approve City Council Minutes (3/16/2015 Regular)-Administration DATE: April 6, 2015 INTRODUCTION Attached are the March 16, 2015 city council meeting minutes. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the March 16, 2015 city council meeting minutes. ATTACHMENTS: Type Description L Exhibit Council Minutes (3/16/15 Regular) COUNCIL MINUTES REGULAR March 16, 2015 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Bonar, Pitcher Members Absent: Donnelly Also Present: Joel Jamnik, City Attorney; David McKnight, City Administrator; Robin Hanson, Finance Director; Adam Kienberger, Community Development Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Audience: Jake Cordes 4. APPROVEAGENDA MOTION by Bartholomay second by Pitcher to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Pitcher to approve the Consent Agenda as follows: a) Approved Council Minutes (3/2/15 Regular)(3/6/15 Work Session)(3/9/15 Work Session)-Administration b) Approved Temporary On-Sale Liquor Licenses VFW Post 7662-Administration c) Approved Second Renewal of Lease Agreement with Allina Medical Transportation-Administration d) Amended ORDINANCES 015-693, 694,695 Pertaining to Park Regulations, Health and Sanitation and Public Ways and Property-Administration e) Approved General Building Use Agreement with Dakota County Lumber—Parks and Recreation f) Approved City Administrative Policies and Procedures—Review, Changes and/or Additions—Human Resources g) Adopted ORDINANCE 015-696 Amending Sections 4-5-5(C) and 10-6-6(A)of the City Code as Related to Accessory Buildings and Structures—Community Development h) Authorized Summer Internship -Engineering i) Approved Bills -Finance APIF, MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes(Regular) March 16,2015 Page 2 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) December 2014 Draft Financial Statements Review-Finance General fund revenues were $10.4 million or 105%of budget. Property taxes represent 82%of the budget. The general fund received 98.9%of property taxes and fiscal disparity dollars,which is a high percentage. This was offset by the collection of$158,000 in previous year's delinquent taxes and penalties and interest of$7,000. Permit revenue was $91,000 ahead of budget, but$160,000 less than 2013 actual permit revenues. Investment income was $91,000 or $36,000 more than budgeted. General fund expenditures totaled$9.8 million or 94%of budget. Across all departments,human resource costs were $157,000 below budget. Staff moved $165,000 from the fire department's budget into the fire capital projects fund. We had 22 of 26 departments that came in under budget. The fund balance increased$1 million to 35.8%of this years' budgeted expenditures. For the first time in the last seven years the general fund's fund balance did not dip below zero during the year. The Rambling River Center's revenues were $10,000 more than budgeted and expenditures were slightly over. The city's contribution to the Rambling River Center was $97,000 which was $16,000 less than budgeted. Pool revenues were $8,000 less than budgeted and expenditures were $17,000 less than budgeted. The net result was the city's contribution to the pool was $62,000 which was $9,000 less than budgeted. The arena finished the year at break-even which includes summer ice. The arena had positive cash flow during the entire year. Both liquor stores met their gross profit benchmarks of 25%and the overall benchmark of 6.5%for profit as a percentage of sales. Their net income before transfers was $320,000 which surpassed the 2013 results by$8,000. The sewer fund had a loss due to depreciation. Rates in the future have to cover this. Sewer expenses were 94%of budgeted. Solid waste revenues were slightly higher than last year. Expenses were 94% of budgeted. Solid waste had positive revenues over expenses of$285,000. Rates are set so we have cash to buy new equipment when needed rather than borrowing to pay for it. Storm water had a loss due to depreciation. The rate increase went into effect in January 2015. Storm water expenses were $32,000 more than budgeted. Enterprise sales were $172,000 less than budgeted due to decreased water usage. Water fund expenses were $383,000 less than budgeted. Council was very pleased with these results and thanked staff for their work. b) 2015 Seal Coat and Trail Maintenance-Engineering Bids were opened for seal coating and trail maintenance. Farmington is part of a joint powers agreement for the purchase of street maintenance materials. The Council Minutes(Regular) March 16,2015 Page 3 city's cost for seal coating will be $379,108.36. The cost for trail fog sealing is $8,300. A seal coating map is available on the website. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Bartholomay: The school has a college fair on March 18, 2015, with 125 colleges attending. Councilmember Pitcher: The Farmington Dairy Queen is giving away free ice cream cones and accepting donations to the Children's Miracle Network. City Administrator McKnight: On March 18, 2015,there will be an open house at City Hall to meet the two fire chief candidates. City Engineer Schorzman: The 195th Street project is getting closer and will have major traffic impacts. The bids will be opened on March 31, 2015. The county board will consider approval on April 7, 2015, so the project will start in four to six weeks. Community Development Director Kienberger: There was an article in the Star Tribune referring to the Open to Business program. Farmington is also part of this program. This is a good program for small businesses and entrepreneurs. Mayor Larson: Thrivent Financial has a fundraiser on March 21, 2015, at the Lakeville Theater to raise money for the 360 Communities Food Shelf. He encouraged residents to come to the open house for the fire chief candidates. On March 18, 2015, Mayor Larson will be presenting the State of the City Address. 14. ADJOURN MOTION by Bartholomay, second by Pitcher to adjourn at 7:27 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant ttiM City of Farmington p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 PRd10.a° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve Temporary On-Sale Liquor License St. Michael's Church-Administration DATE: April 6, 2015 INTRODUCTION St. Michael's Church is requesting a temporary on-sale liquor license for their Spring Festival. DISCUSSION St. Michael's Church is requesting a temporary on-sale liquor license for their Spring Festival to be held on May 8, 2015 at 22120 Denmark Avenue. Per state statute, a temporary on-sale liquor license must first be approved by the city and then forwarded to the state for approval. BUDGET IMPACT The State of Minnesota waives all fees for temporary liquor licenses for non-profit organizations. Therefore,the city has not established a fee for a temporary on-sale liquor license. ACTION REQUESTED Approve the attached application for a temporary on-sale liquor license for St. Michael's Church for their Spring Festival on May 8,2015. ATTACHMENTS: Type Description v Exhibit Temporary On-Sale Liquor License Application Minnesota Department of Public Safety , t ��64. j aI, ALCOHOL AND GAMBLING ENFORCEMENT DIVISION •.t4liowsv. . .. 444 Cedar Street Suite 222,St.Paul MN 55101-5133 ti , °;;<+t,A (651)201 4507 Fax(651)297 4259 TTY(651)282-6555 WWWDPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Ch tack v ' jut , , I geiel t I 3 STREET ADDRESS CITY STATE ZIP CODE 1J A 1 A1 Ab mefyt( ,ve-• 11'li - 1 I4IJ JfJ�i�o � NAMI F PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE h, Palm's is -T"hompson (/6/ 1803- 3310o ( ) DATES LIQUOR WILL BE SOLD cl /�� TYPE OF ORGANIZATIO a /-u(5 Si a: . s ■ . Z , t I L 10.1'■ 1., •.I:i: • Uli ORGANIZATION OFFICER'S NAME ADDRESS firs s Ina'. it om(J 1h Z1-1mo0 T rlfflla4'K iM, Yh169/-011 ORGANIZATION OFFICER'S NAME ADDRESS john FYa iiK 144-Mks- o 1 b belirr rw-UV , �" !mi l h ORGANIZATION OFFICER'S NAME ADDRESS Ibri. © at s , .:9-).9-o • « lc y U//r1- ,n Location license will be d. If an outdoor area,describe ,. -l;-o Aeiirro-r(( .4Ve XrivA ` 0 I Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of coverage. . APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES, DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVEDDJRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event P8.09079(12/09) a�rAR * City of Farmington ® it, Third Street Farmington,M 651.280.6800 -Fax 651innesota 0.6899 .28 '4.411,006 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Adopt Resolution-Approve Gambling Event Permit St. Michael's Church- Administration DATE: April 6, 2015 INTRODUCTION St. Michael's Church is requesting a Gambling Event Permit for their Spring and Fall Festivals. DISCUSSION Per State Statute 349.166 and pertinent city code, a Gambling Event Permit must be issued by the city for this type of event. An application has been received, along with the appropriate fees. The city attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2015 budget. ACTION REQUESTED Consider the attached resolution granting a Gambling Event Permit to St. Michael's Church,to be held at 22120 Denmark Avenue, on May 8 and September 19-20, 2015. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO. R15-15 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ST.MICHAEL'S CHURCH Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington,Minnesota,was held in the Council Chambers of said City on the 6th day of April 2015 at 7:00 p.m. Members Present: Larson,Bartholomay,Bonar,Donnelly,Pitcher Members Absent: None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,St.Michael's Church has submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark Avenue,on May 8 and September 19-20,2015,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for St.Michael's Church,to be held at 22120 Denmark Avenue,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of April 2015. Mayor Attested to the 7'`y day of April 2015. 62,6t: r 01 City Administrat SEAL y� PS* City of Farmington p_ 430 Third Street Farmington,Minnesota 651.280.6800 - Fax 651.280.6899 "wa,,4 , www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accept Donation to the Rambling River Center-Parks and Recreation DATE: April 6, 2015 INTRODUCTION A donation was recently given to the Rambling River Center. DISCUSSION A cash donation of$50.00 was given by Vernon and Nancy Page to the Rambling River Center. The $50.00 donation will be deposited into the Rambling River Center's Capital Improvement Fund, so it may be used for either a future building improvement or equipment purchase. Staff will communicate the City's appreciation on behalf of the city council to Vernon and Nancy Page for their generous donation. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the donation of$50.00 to the Rambling River Center from Vernon and Nancy Page and placing the $50.00 donation in the Rambling River Center's Capital Improvement Fund, so it can be used for either a future building improvement or equipment purchase. ATTACHMENTS: Type Description n Resolution Donation Resolution RESOLUTION NO. R16-15 ACCEPT DONATION OF$50.00 FROM VERNON AND NANCY PAGE TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of April, 2015 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent:None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS, a donation of$50.00 was received from Vernon and Nancy Page to the Rambling River Center's Capital Improvement Fund; and, WHEREAS, it is required by State Statute that this donation be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$50.00 from Vernon and Nancy Page to the Rambling River Center's Capital Improvement Fund. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of April, 2015. ayor Attested to the 7'4 day of April, 2015. ity Administrate 411°P SEAL 004 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 14 tea° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad SUBJECT: Approve School and Conference Attendance Request-Parks and Recreation DATE: April 6, 2015 INTRODUCTION The National Recreation and Park Association(NRPA) is the national organization for Parks and Recreation professionals. In 2015,the NRPA will be holding its annual conference in Las Vegas, Nevada from September 14-18 and will be offering a variety of educational sessions. The 2015 conference also marks the 50th anniversary celebration of NRPA's existence. DISCUSSION The NRPA conference is an annual training opportunity in which session topics are presented by nationally known and recognized professionals in the field of parks and recreation as well as in other professional fields such as planning, landscape architecture and engineering. Breakout sessions include topics in such areas as: recreational programming,parks maintenance, management, natural resources, outdoor recreation, facility management, citizen advisory boards, aquatics and trends in the profession. It is the premier training opportunity for parks and recreational professionals. The City Council's past practice has been to budget for the City to cover costs associated with the Parks and Recreation Director attending a national conference with full conference costs covered in alternate years. In 2013 the city covered up to $2,000 towards the cost of attending the NRPA conference in Houston, Texas. In 2014,the city covered the cost of the NRPA conference registration fee only and staff covered the remaining costs of the conference that was held in Charlotte,North Carolina. In 2015 funding was included in the budget to cover full conference costs associated with the NRPA conference. The following table shows which Department budgets included funding for the Parks and Recreation Director to attend the 2015 NRPA conference: Budget Amount Park Maintenance $600 Outdoor Pool $600 Park and Recreation Administration $800 TOTAL $2,000 The following table shows the estimated costs associated with attending the NRPA Conference: Conference Item Estimated Cost Air Travel $300.00 Early Bird Conference Registration $450.00 Hotel including Resort Fees $900.00 $275.00 Ground Transportation $75.00 Total $2,000.00 Staff is making this request well in advance of the NRPA conference in order to have time to secure the best deals possible for air travel and hotel costs. If the NRPA conference costs should exceed$2,000, staff will cover any costs out of its pocket exceeding this amount. In keeping with past practice,the Parks and Recreation Director will provide a written summary of the NPRA conference and share it with the City Administrator and City Council members. Additionally, information gleaned from the conference sessions, including any handouts/materials,will be shared with other Parks and Recreation Department staff members. BUDGET IMPACT Summarized in the memo. ACTION REQUESTED Approve by motion, the request from the Parks and Recreation Director to attend the NRPA conference from September 14-18, 2015 with the City covering up to $2,000.00 in conference costs and staff covering any costs that exceed$2,000.00. o,, AR,► City of Farmington 430 Third Street Farmington, Minnesota.,„ 651.280.6800 -Fax 651.280.6899 p' ,4 PI��''�•� www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Agency Funds Operating Transfer-Finance DATE: April 6, 2015 INTRODUCTION The Agency Fund accounts for the receipt and remittance of monies held by the city as an agent, primarily for land developers and builders,which will be refunded to the respective depositors when the conditions of their respective agreements are satisfied. This fund is also used as a clearing account for investment income. Each month interest received is deposited into this account. At the end of the month the interest received is re-distributed to the various funds to which it is attributable. DISCUSSION As of December 31, 2014 the cash and investments balance for the Agency Fund was $344,166.31. The deposits payable totaled$349,120.18, which is $4,953.87 more than the amount of available cash and investments. A reconciling difference was first documented in this fund as an adjusting amount in 2009. At that time the difference equaled$11,000. This amount was consistent until 2011,when the adjustment was reduced by $6,000 to a net adjustment of$5,000. An adjustment of$46.00 was made in 2013 due to an adjustment in filing fees for one development,reducing the net variance to $4,953.87. Staff is requesting the city council approve a transfer of$4,953.87 from the General Fund to the Agency Fund to bring the cash and investments balance equal to the outstanding deposits payable balance and to eliminate the reconciling adjustment. BUDGET IMPACT The above transfer was not anticipated in the 2014 budget. ACTION REQUESTED Authorize staff to transfer$4,953.87, effective December 31, 2014, from the General Fund to the Agency Fund to bring the cash and investments balance in line with the deposits payable balance. d 1Rift,r► City of Farmington � 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 p �'-*via+04'1' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Tracker Investment Management Subscription Agreement-Finance DATE: April 6, 2015 INTRODUCTION As of December 31, 2014, the city had an investment portfolio of approximately $21.5 million. The investment portfolio has been maintained in Excel, approximately 135 different investments and approximately 20 different pieces of data for each investment. This requires considerable manual entry, ongoing maintenance, relies on general (not precise calculations) and is prone to error. DISCUSSION After many months of unsuccessfully exploring the web looking for an alternative to the city's present investment tracking system, last fall staff asked the LOGIS Finance user's group what investment tracking software others used and would recommend. Two options emerged, Tracker,recommended by the staff at Minnetonka and another option recommended by another city which was significantly more expensive. Staff has been working with Tracker since last December. Their model is as follows: 1. Set-up the prospective clients investment portfolio in their system, reconcile to the underlying brokerage statements and the client's general ledger. Identify and resolve variances. 2. Roll the investment portfolio forward for 90 days. Again reconciling to the brokerage statements, the client's general ledger, identifying and resolving any variances. 3. Then the client has 90 days to work with the system on a live basis. During this time the Tracker staff provides training and ongoing customer support. Staff enters all investment activity and reconciles to the brokerage statements and general ledger. 4. At the end of this time period the prospective client decides whether or not to continue with the Tracker product. If the prospective client chooses not to continue,there is no cost. If they choose to continue to utilize the Tracker software there is a one-time $995 set-up fee and then an ongoing monthly subscription fee which is billed annually. The subscription agreement may be canceled on 30 days notice,by either party. The Tracker representative set-up the city's portfolio as of September 30, 2014. Identified and resolved any variances. They then rolled the portfolio forward to December 31, 2014. During the past three months staff has been trained and has been using the actual Tracker system to maintain the city's investment portfolio. The Tracker software provides the city with a much more accurate way to track the city's investment portfolio (e.x. accrued interest receivable), increases the internal controls in the investment area(ex. interest received amounts), provides better tools for staff to manage the portfolio (e.x.projected cash flow reporting, amortization of premiums and discounts)and will save significant time. Tracker is a web-based product, so it does not involve any internal IT staff time or additional equipment. The city attorney has reviewed the attached subscription agreement and did not have any concerns. I would also like to add,the city's Tracker representative, Laura Stewart's, attention to detail,knowledge of investments, customer training and customer service has been superb. Staff recommends that the city council approve the attached Subscription Agreement. BUDGET IMPACT A one-time set-up fee of$995 and annual fee of$4,020. This includes the annual subscription fee of $295/month, plus $480 per year to import market values. The fee is the same whether the city has one user or more. Ongoing customer support is included in the base fee. The cost for the Tracker software will be paid for from within the Finance department budget. ACTION REQUESTED Staff recommends that the city council approve the attached Subscription Agreement, effective April 1, 2015. ATTACHMENTS: Type Description in Backup Material Tracker Subscription Agreement-Farmington Tracker A DIVISION OF C2,LLC TRACKER SUBSCRIPTION AGREEMENT This Agreement("Agreement")is entered into and effective as of: (iii)provide telephone and online standard support to Customer's Users,at no additional charge,(iv)use commercially reasonable efforts to make the April 1,2015 ("Effective Date") Service generally available 24 hours a day,7 days a week,except for: downtime caused by circumstances beyond Tracker's reasonable control, by and between Tracker,a dMslon of C2,LLC,(°Tracker")a including acts of God,acts of government,flood fire,earthquakes.civil North Carolina Corporation,having its principal place of business at 501 unrest,acts of terror,strikes or other labor problems not involving Northwest Drive,Davidson,NC 28030;and Tracker employees,computer or telecommunications failures or delays involving hardware or software not within Tracker's possession or CITY OF FARMINGTON (°CUSTOMER") reasonable control,and network intrusions or denial of service attacks, 430 3rd Street but only to the extent unavailability results notwithstanding the exercise by Farmington, MN 55024-1355 Tracker of reasonable care and due diligence to avoid or mitigate the same in anticipation of or in response to such causes., For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 3.2 Customer Responsibilities. Customer is responsible for all activities that occur under Customer account. 1. Definitions. Customer shall: (i)have sole responsibility for the accuracy,quality, integrity,legality,reliability,and appropriateness of all Customer Data; "Customer Data"means all electronic data or information (ii)use commercially reasonable efforts to prevent unauthorized access submitted by Customer to the Service. to,or use of,the Service,and notify Tracker promptly of any such 'Services'means the online,web based portfolio accounting unauthorized use;and(iii)comply with all applicable local,state,and federal laws in using the Service. management service provided by Tracker via http://www.tracker.us.com and/or other designated websites,but does not include customer data or Use Use Guidelines. Customer shall use the Service reports the customer generates using the web-based service and that solely for its internal business purposes as contemplated by this data. Agreement and shall not: (i)license,sublicense,sell,resell,rent,lease, "Users"means Customer's employees who are authorized to use the transfer,assign,distribute,time share or otherwise commercially Service and have been supplied user identifications and passwords by exploit or make the Service available to any third party(ii)interfere Customer(or by Tracker at Customer's request). with or disrupt the integrity or performance of the Service or the data 2. Service. contained therein;or(iii)attempt to gain unauthorized access to the Service or its related systems or networks. 2.1 Provision of Service. Tracker shall make the Service 3.4 Third-Party Providers. Certain third-party available to Customer pursuant to the terms and conditions set forth in providers,some of which may be listed on pages within Tracker s this Agreement. During the term of this Agreement,the functionality of the website,offer products and services related to the Service,including Service will not be materially decreased from that available as of the implementation,customization and other consulting services related to Effective Date. customers'use of the Service and applications that work in conjunction 2.2 Users. User subscription is for named Users and may be with the Service. Tracker does not warrant any such third party reassigned from time to time to new Users replacing former Users who providers or any of their products or services. Any exchange of data or other interaction between Customer and a third-party provider,and any have terminated employment or other prior relationship with Customer, purchase by Customer of any product or service offered by such third- changed job status or function,or otherwise no longer requires ongoing party provider,is solely between Customer and such third party use of the Service. provider. 3.0 Use of the Service. 3.1 Tracker Responsibilities. Tracker shall:0)not use, edit or disclose to any party other than Customer the Customer Data;(ii) maintain the security and integrity of the Service and the Customer Data: Page 1 of 3 Tracker A DIVISION OF C2,LLC TRACKER SUBSCRIPTION AGREEMENT 4.0 Fees,Invoicing&Payment. 5.3 Restrictions. Customer shall not(i)modify,copy or create derivative works based on the Service or Tracker Technology; 4.1 Fees. Tracker will provide the above services to the (ii)create Internet"links"to or from the Service,or"frame"or CHy of Farmington far: "mirror"any content forming part of the Service.;or(iii)disassemble, reverse engineer,or decompile the Service or Tracker Technology,or Annual Subscription Fee: $3,540.00 annually. access it in order to(A)build a competitive product or service.(B)build a product or service using similar ideas,features,functions or graphics Additional User(s): Unlimited;no charge. of the Service,or(C)copy any ideas,features,functions or graphics of the Service. Additional Tracker Modules: 5.4 Customer Data. As between Tracker and Customer,all Charts&Graphs: $BD0.00—not activated Customer Data is owned exclusively by Customer. Economic Indicators: $300.00-not activated Enhanced Reporting: $1,200.00-not activated 5.5 Suggestions. Tracker shall have a royalty-free, Market Price import: $480.00-activated worldwide,perpetual license to use or incorporate into the Service any suggestions,ideas,enhancement requests,feedback,recommendations Portfolio Set Up and Training Fee: Subject to the execution of this or other information provided by Customer or its Users relating to the document,a one time fee in the amount of$995.00. operation of the Service. 4.2 Invoicing&Payment. Fees for the Service will be 6.0 Warranties&Disclaimers. invoiced annually in advance;charges are due net 10 days from the invoice date. 6.1 Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement. Tracker represents 4.3 Suspension of Service. If Customer's account is 3D and warrants that(i)it will provide the Service in a manner consistent days or more overdue,Tracker reserves the right to suspend the Service with general industry standards reasonably applicable to the provision provided to Customer,without liability to Customer,until such amounts are thereof;(ii)it owns or otherwise has sufficient rights to the Service and paid in full. the Tracker Technology to grant the rights and licenses granted herein; and(iii)the Service and Tracker Technology do not infringe any 5.0 Proprietary Rights. intellectual property rights of any third party. 5.1 Reservation of Rights. Customer acknowledges that in 6.2 Disclaimer. TRACKER MAKES NO WARRANTY OF ANY KIND, providing the Service,Tracker utilizes(i)the Tracker name,the Tracker IMPLIED,STATUTORY,DR OTHERWISE. TRACKER HEREBY SPECIFICALLY logo,the Tracker domain name,the product and service names associated DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED with the Service,and other trademarks and service marks;(ii)certain BY APPLICABLE LAW. audio and visual information,documents,software and other works of authorship;and(iii)other technology,software,hardware,products, 7.0 Indemnification. processes,algorithms,user interfaces,know-how and other trade secrets, techniques,designs,inventions and other tangible or intangible technical 7.1 Indemnification by Tracker.Subject to this material or information(collectively,"Tracker Technology")and that the Agreement, Tracker shall defend,indemnify and hold Customer Tracker Technology is covered by intellectual property rights owned or harmless against any loss or damage(including reasonable attorneys' licensed by Tracker(collectively,"Tracker IP Rights").Other than as fees)incurred in connection with claims,demands,suits,or proceedings expressly set forth in this Agreement,no license or other rights in or to ("Claims")made or brought against Customer by a third party;provided, the Tracker Technology or Tracker IP Rights are granted to Customer,and that Customer(a)promptly gives written notice of the Claim to Tracker; all such licenses and rights are hereby expressly reserved. (b)gives Tracker sole control of the defense and settlement of the Claim(provided that Tracker may not settle or defend any Claim unless 5.2 License Grant. Tracker grants Customer and its Users it unconditionally releases Customer of all liability);and(c)provides to a non-exclusive,non-transferable,non-sublicense able right to access and Tracker,at Tracker's cost,all reasonable assistance. use the Service in accordance with the terms of this Agreement. Page 2 of 3 Tracker A DIVISION OF C2,LLC TRACKER SUBSCRIPTION AGREEMENT 8.0 Term&Termination. 8.1 Term of User Subscription. This Subscription IN WITNESS WHEREOF,the parties' authorized commences on the Effective Date and continues until terminated by either signatories have duly executed this Agreement as party. User subscriptions shall automatically renew for additional periods of the Effective Date: of one(I)year at the price in effect at the time of renewal unless Customer gives Tracker notice of termination at least 30 days prior to the TRACKER, a division of C2, LLC end of the relevant subscription term. Name: J. David Silvas Title: President 8.2 Termination. Either party may terminate this Agreement S t�-,-.--- at any time upon 30 days written notice Upon termination Tracker shall Signature: 4.. --.. refund to Customer any prepaid fees within seven[7]business days. Date: April 1,2015 8.3 Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Tracker prior to the effective date of termination. City of Farmington, Minnesota 9.0 General Provisions. Name: 9.1 Relationship of the Parties. This Agreement does not create a partnership,franchise,joint venture,agency,fiduciary,or Title: employment relationship between the parties. Signature: 9.2 Notices. All notices under this Agreement shall be in writing and shall be delivered to the addresses notified by the parties to Date: each other 9.3 Severabllity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law,the provision shall Name: be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, Title: and the remaining provisions of this Agreement shall remain in effect. 9.4 Assignment. Neither party may assign any of its rights Signature: or obligations hereunder,whether by operation of law or otherwise, Date: without the prior express written consent of the other party. Notwithstanding the foregoing either party may assign this Agreement together with all rights and obligations hereunder,without consent of the other party,in connection with a merger,acquisition,corporate reorganization,or sale of all or substantially all of its assets not involving a direct competitor of the other party. 9.5 Governing Law. This Agreement shall be governed exclusively by,and construed exclusively in accordance with,the laws of the United States and the Minnesota,without regard to its conflicts of laws provisions. Page 3 of 3 411419 City of Farmington '&447 430 Third Street i Farmington,Minnesota 651.280.6800 - Fax 651.280.6899 44.• ,.a° www.ci.farmington.mn.us • TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Approve Joint Powers Agreement-Flagstaff Avenue Dynamic Speed Display Signs- Engineering DATE: April 6, 2015 INTRODUCTION At the February 9,2015 workshop,the city council reviewed the Flagstaff Avenue/179th Street intersection traffic control study that was completed by the City of Lakeville. DISCUSSION One of the items recommended by the study was the installation of dynamic speed display signs (the ones that have the speed limit sign,with a sign below that tells you how fast you are actually going similar to the one on 208th Street near the schools or on TH-3 near the Empire water tower.) Since one of the recommended signs is located in Farmington, Lakeville requested that the city participate in the cost of the signs. The city council consensus at the workshop was to participate in the cost of the dynamic speed display signs. The attached joint powers agreement(JPA)provides the necessary agreement for the installation of the signs. The main components of the JPA are as follows: • Lakeville will coordinate the purchase and installation of both dynamic speed display signs. • Lakeville will invoice the city for 50% of the cost of the signs and installation costs. • Lakeville will maintain both signs and invoice the city for any future maintenance required on the signs. Both staff and the city attorney have reviewed the JPA and are recommending approval. BUDGET IMPACT Based on the quote received by Lakeville for the signs and associated hardware,the anticipated budget impact is approximately$6,000. ACTION REQUESTED By motion, approve the attached joint powers agreement with the City of Lakeville for the purchase, installation and maintenance of dynamic speed control signs on Flagstaff Avenue. ATTACHMENTS: Type Description D Exhibit Joint Powers Agreement D Backup Material Sign Locations JOINT POWERS AGREEMENT FOR DYNAMIC SPEED DISPLAY SIGNS ALONG FLAGSTAFF AVENUE BETWEEN THE CITIES OF LAKEVILLE AND FARMINGTON CITY OF LAKEVILLE PROJECT NO.14-20 CITY OF FARMINGTON PROJECT NO. 15-02 AGREEMENT dated this 6th day of April 2015, by and between the CITY OF LAKEVILLE ("Lakeville")and the CITY OF FARMINGTON("Farmington"). RECITALS This Agreement is made pursuant to the authority conferred upon Lakeville and Farmington pursuant to Minnesota Statutes 471.59. The purpose of this Agreement is for the installation, operation and maintenance of Dynamic Speed Display Signs along Flagstaff Avenue as shown on Exhibit A. NOW,THEREFORE,Lakeville and Farmington agree as follows: 1. Lakeville and Farmington consider it mutually desirable to install, operate and maintain Dynamic Speed Display Signs along Flagstaff Avenue ("Project"), in their respective city, as shown on Exhibit A. 2. Lakeville and Farmington will share Project responsibilities and jointly participate in the cost,operation and maintenance associated with the Project. 3. Project costs, including the cost of all labor, materials and equipment required to complete the work, shall be shared in the amount of 50%by Lakeville and 50%by Farmington. 4. Lakeville shall administer the purchase of the Dynamic Speed Display Signs. Dynamic Speed Display Signs shall be consistent with Minnesota Department of Transportation ("MnDOT") standard specifications, including the Minnesota Manual on Uniform Traffic LCP 14-20&FCP 15-02 1 RK 03/26/2015 v01 Control Devices ("MN MUTCD"). Lakeville and Farmington shall approve the Dynamic Speed Display Signs prior to purchase. 5. Lakeville shall be responsible for installing and programming the Dynamic Speed Display Signs. The installation and programming of Dynamic Speed Display Signs shall be consistent with MN MUTCD guidelines. Lakeville and Farmington shall approve the locations of the Dynamic Speed Display Signs prior to installation. 6. Upon completion of the work and computation of the costs, Lakeville shall invoice Farmington for their share of the Project cost. 7. Lakeville shall be responsible for inspections, operations and maintenance of the Dynamic Speed Display Signs. All inspections, operations and maintenance costs shall be shared in the amount of 50%by Lakeville and 50%by Farmington. Maintenance includes: a. Battery and solar controller replacement, and/or providing necessary electrical power b. Relocation of Dynamic Speed Display Signs c. Replacement of Dynamic Speed Display Signs or mounting equipment 8. Lakeville shall be responsible for collecting data generated from the Dynamic Speed Display Signs. Data will be shared with Farmington at their request. 9. It is agreed that Lakeville and Farmington shall indemnify, save, and hold harmless each other and all of their agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the execution or performance of the work purchased for each respective city under this Agreement, and that Lakeville and Farmington further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective city for the purposes of asserting any claim of whatsoever character arising hereunder. Lakeville and Farmington agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision la and that the total liability for the Parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1.(a). 10. This Agreement shall continue in effect until terminated by Lakeville and Farmington or replaced. Lakeville and Farmington may terminate this Agreement by giving sixty (60) days notice. LCP 14-20&FCP 15-02 2 RK 03/26/2015 v01 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date indicated below. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL By Zach Johnson Matt Little City Engineer Mayor By Charlene Friedges City Clerk Date CITY OF FARMINGTON RECOMMENDED FOR APPROVAL By Schorzman Todd Larson City Engineer Mayor By OWL: .- (75,9-11 David McKnight City Administrator Date C � 4 R6/1 LCP 14-20&FCP 15-02 3 RK 03/26/2015 v01 ......... .... �.. v....,..., .AF „rill= ell- - . ,..,..‘ _ , ,,, . . , ...„..,_ .......,_ , , , % e 'V' ' ''''' " '' - ti . . I - 0. . A , k-.!:jam/" • . r3 - j - •k _ tRl r Y 4 Y 7�° 433dS ' , w m Y .a`'A' Hf1OA co - ..� - - >+•ate) —p �{� r > 11WI, 4� - >, 1 0 433dS • yd` wk a . �rNi :• t Ya. VJ 41, co• ;Pr co v f v d o o, O 3 in u D cB th C ra >179th St 1 a) — c N a°u) —1 > 0 iir a i o , ,„ : 0„, .c.,„. .1 r Ii • LsD N m L Cr) c 0) — N- O a) C a) > E E < N SPEED c E J O n .- • LIMIT -o C \ 45 °'Y IX LI U a� Ott co p ca 0 I v YOUR `6o ti -` > SPEED rr m r 56 o u �� N N O CO ill 17'. ;,,r-a D fh O U oZ H:\Projects\8344/024 F\TS\Figures\Fig04 oftiAR19y6 City of Farmington � p 430 Third Street Farmington, Minnesota Lltr 651.280.6800 - Fax 651.280.6899 .:1 . www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jennifer Dullum,Natural Resources Specialist SUBJECT: Metro WaterShed Partners Membership-Engineering DATE: April 6,2015 INTRODUCTION Metro WaterShed Partners is a coalition of over seventy public,private and non-profit organizations in the Twin Cities metropolitan area that,through collaborative educational outreach,promote a public understanding that inspires people to act to protect water in their watershed. The Metro Watershed Partners have established the Clean Water MN Media Campaign designed to teach Minnesotans how to protect lakes, rivers and streams from stormwater run-off pollution. This campaign provides materials that cities, counties and watershed educators can use to meet the public education requirement of the Federal and State Stormwater Pollution Prevention Plans(SWPPP). DISCUSSION The Clean Water MN Media Campaign assists the City of Farmington in meeting its educational BMP's set forth in the city's National Pollution Discharge Elimination System program(NPDES). In 2014 the City of Farmington utilized the media gallery,public service announcements, and radio and television advertisements,produced by the campaign, for our NPDES SWPPP. It has been a few years since the city contributed monetarily to this organization. This was due to the fact that we participated through in-kind donation of time serving as the convening agent for the group. As we are no longer in charge of scheduling and coordinating meetings, it would be appropriate to once again contribute funds to the organization. BUDGET IMPACT By contributing to this organization we can help ensure their work will continue and they will be able to provide materials for the city's use. The Metro WaterShed Partners and the Clean Water MN Media Campaign are currently seeking funding to continue educational outreach programs. The annual support requested is $350. The city's Stormwater Fund has money allocated to this program for the 2015 budget cycle. ACTION REQUESTED Approve the expenditure of$350 to support the Metro WaterShed Partners and the Clean Water MN Media Campaign. ATTACHMENTS: Type Description El Exhibit Metro WaterShed Partners_Membership Invoice FROM Staff Contact: City Name: Address: City and Zip: Telephone: WATERSHED E-mail: PARTNERS Membership TO INVOICEMetro Watershed Partners and its Clean Water MN Media Campaign PLEDGE MEMBERSHIP AMOUNT DEDICATION $ Note:Please make checks payable to our fiscal agent(see below) Some members may choose to dedicate their membership FISCAL AGENT contribution to some portion of our Hamline University activities.If so,please 1536 Hewitt Ave. MS-A1760 indicate which activi- St.Paul,MN 55104 ties you would like Tel:651-523-2812 Email:jlarson25 @hamline.edu your membership to fund: DESCRIPTION OF SERVICE 2015 membership support for the Metro WaterShed Partners and its MEDIA CAMPAIGN Clean Water MN Media Campaign, a stormwater pollution prevention &CLEAN WATER education campaign. Services include: MINNESOTA CHALLENGE •Production and placement of public stormwater pollution prevention PSAs on radio and television. (includes website) • Continued development and maintenance of the www.cleanwatermn.org website,a stormwater education resource for local government,organizations,educators,and individual citizens. • Development and implementation of the Minnesota State Fair initiatives at DNR and Eco-experience,and the companion social media outreach campaign. MN STATE FAIR OUTREACH • Distribution and maintenance of the Metro WaterShed Partners exhibits and kiosks that connect users to everyday actions that improve water quality and protect watershed health. •Monthly resource sharing meetings with information on partner activities,presentations by informative speakers,and updates on all WaterShed Partners activities. EXHIBITS& KIOSKS • Development of new Clean Water MN campaign materials for use by partners DURATION OF SERVICE RESOURCE SHARING January I,2015 to December 3 I,2015 &GENERAL SUPPORT Program funds unspent in 2015 will carry over into the 2016 program year. $ The following schedule Population Annual Membership Level gives the median range of 0-30,000 $350- $1000 support we receive annually from our contributing 30,000 -70,000 $2000-$4,000 members,based on the type 85,000-400,000 $4,000- $6,000 of organization and size of Watershed Districts $3,000- $15,000 their constituency. Non-Profits (And other non-1154s) $1,000- $3,000 aoltty City of Farmington 430 Third Street Nt.... Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 4 �`' • ' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Paid Time Off(PTO)Transition-Human Resources DATE: April 6,2015 INTRODUCTION The City Council has expressed a desire to have employees transition from the traditional vacation and sick leave program to the paid time off(PTO) option. DISCUSSION We currently have five non-union employees on the PTO program. Robert Boerboom, IT Specialist is interested in transitioning to the PTO program. The following proposal is being placed in front of you for your consideration and outlines Mr. Boerboom's current and proposed pay period accruals. Current Pay Period Accruals Vacation 4.92 (240 Hour Cap) Sick 3.70 (1040 Hour Cap) Proposed Pay Period Accrual PTO 8.308 (320 Hour Cap) Proposed Conversion Rate Vacation 100% (One hour for one hour) Sick 65% (One hour for 0.65 hour) The benefits to the city include transitioning another employee to the PTO program and eliminating the potential for a large sick leave payout upon Mr. Boerboom's exit. This transition is also a benefit to the employee since he has the desire to participate in this program and control his use of paid leave through the PTO program. BUDGET IMPACT The impact of this transition would be beneficial to the city because the employee will be earning less time off per pay period. ACTION REQUESTED Approve by motion authorizing the transition to the paid time off program for Robert Boerboom effective Monday,April 13, 2015 with the accrued vacation converting at a rate of 100%and the accrued sick leave converting at a rate of 65%. ATTACHMENTS: Type Description o Backup Material PTO Policy Section 5.13—Paid Time Off(PTO) Effective January 1, 2012, newly hired employees will receive Paid Time Off(PTO) in lieu of vacation leave and sick leave. Paid time off(PTO) is an all-inclusive paid time off program that will provide income protection for "no fault"time away from work including illness related absences. PTO is intended to be used for a variety of traditional types of time away from work including but not limited to vacation, illness, personal business, medical appointments,family time, and personal holidays. PTO shall be accrued on a bi-weekly basis. PTO increases with years of service in accordance with the following schedule(s) and is allocated accordingly on a bi-weekly basis. Regular part-time employees scheduled to work 24 hours or more per week will accrue PTO leave on a prorated basis based on regular hours worked. PTO Accrual Schedule: a. 0-5 years 5.846 hours per pay period (19 days) b. Start of 6th year 7.385 hours per pay period (24 days) c. Start of 10th year 8.308 hours per pay period (27 days) d. Start of 15th year 9.231 hours per pay period (30 days) The maximum PTO accrual amount for all full-time employees is three hundred and twenty(320)hours. During the employee's initial probationary period, the employee shall accrue PTO but shall not be eligible for any reimbursement for accrued PTO upon termination or resignation. An employee on unpaid leave status will not accrue PTO. Medical Certification Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certification may be required. The physician's certification is to state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. Returning to Work After a Medical Absence After a medical absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Paid leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The City has the right to obtain a second medical opinion to determine the validity of an employee's worker's compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The City will arrange and pay for an appropriate medical evaluation when it has been required by the City. , 7% „„R ' City of Farmington iiiii 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 #44'.A . , www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation-Fire Department-Human Resources DATE: April 6, 2015 INTRODUCTION The recruitment and selection process for the appointment of the full-time Fire Chief position has been completed. DISCUSSION After a thorough review by the City Administrator and the Human Resources Office, a contingent offer of employment has been made to James Larsen, subject to the completion of the background investigation, pre-employment drug test and ratification by the city council. Mr. Larsen is currently an instructor at the National Fire Academy. Mr. Larsen's prior experience includes positions as Deputy Chief for Glenside Fire Protection District and Battalion Chief/EMS Division Chief for Hanover Park, Illinois. His experience meets the qualifications for this position. BUDGET IMPACT Mr. Larsen's starting salary will be $98,630.00 which is step 8 of the salary range for this position(salary range: $83,941 -$104,926). He will be eligible to move to step 9 after one year of employment and a successful performance evaluation. Additionally, Mr. Larsen will start with a beginning Paid Time Off (PTO)balance of 80 hours; however,he will accrue time according to the PTO schedule. Funding for this position is authorized in the 2015 budget. ACTION REQUESTED Approve the appointment of James Larsen as the Fire Chief effective on April 27, 2015. -411019. City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 p+a,,,. ,f www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation-Liquor Operations-Human Resources DATE: April 6, 2015 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resource Office, a contingent offer of employment has been made to Joel Enger, subject to the completion of a background check and ratification by the city council. Mr. Enger meets the qualifications for this position. BUDGET IMPACT Mr. Enger's starting hourly rate will be$10.92 which is the first step in the salary range for this position (salary range: $10.92- $12.79). Funding for this position is authorized in the 2015 budget. ACTION REQUESTED Approve the appointment of Joel Enger as a part-time liquor clerk effective on or about April 7, 2015. 7o� ARA/� City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 - Fax 651.280.6899 -41100° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation-Liquor Operations-Human Resources DATE: April 6, 2015 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resources Office, a contingent offer of employment has been made to Michelle Bigaouette, subject to completion of a background check and ratification by the city council. Ms. Bigaouette meets the qualifications for the position BUDGET IMPACT Ms. Bigaouette's starting hourly wage will be $10.92 which is the first step in the salary range for this position(salary range: $10.92 - $12.79). Funding for this position is authorized in the 2015 budget. ACTION REQUESTED Approve the appointment of Michelle Bigaouette as a part-time liquor clerk effective on or about April 13, 2015. y1 14146, City of Farmington 430 Third Street E'er Farmington,Minnesota } 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation-Liquor Operations-Human Resources DATE: April 6, 2015 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resources Office, a contingent offer of employment has been made to Martha Jaramillo, subject to the completion of a background check and ratification by the city council. Ms. Jaramillo meets the qualifications for this position. BUDGET IMPACT Ms. Jaramillo's starting hourly wage will be $10.92 which is the first step of the salary range for this position(salary range: $10.92- $12.79). Funding for this position is authorized in the 2015 budget. ACTION REQUESTED Approve the appointment of Martha Jaramillo as a part-time liquor clerk effective on or about April 13, 2015. 24 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 "�r�,,A r" www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation-Liquor Stores-Human Resources DATE: April 6, 2015 INTRODUCTION The city has received notice of Ms. Jessica Welvaert's resignation from her position as a part-timer liquor clerk. DISCUSSION Ms. Welvaert has been employed as a part-time liquor clerk since January 2014 and has been a valued member of the city organization. The city appreciates her commitment to the organization and wishes her well in her future endeavors. BUDGET IMPACT NA ACTION REQUESTED Acknowledge the resignation of Ms. Jessica Welvaert effective April 30, 2015 7411411/4 City of Farmington ,p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 p'r,4 vans01. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Approve Bills-Finance DATE: April 6,2015 INTRODUCTION Attached is the list of bills for March 10, 2015 to March 28, 2015. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached list of bills for March 8, 2015 to March 28, 2015. ATTACHMENTS: Type Description D Backup Material List of Bills rl. 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P P P P P U A►RV City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 "°,0,4 0° , www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Parking Restriction Request-Spruce Street DATE: April 6, 2015 INTRODUCTION At the February 9,2015 workshop,the city council reviewed a request from the owner and one of the tenants of the old Rambling River Center(431 Third Street)to restrict parking on Spruce Street. DISCUSSION The consensus at the workshop was to not restrict parking on Spruce Street. This was shared with the tenant that made the original request. The tenant has requested that this item be placed on this city council agenda for discussion and formal action. Mr. Leon Orr will be present at the meeting to discuss this item. The building owner may also be in attendance. Attached for city council's information are the memo provided at the February 9, 2015 workshop along with the original request and a map of the area. BUDGET IMPACT There would be no budget impact if there are no parking restrictions. Signage and installation costs for restricting the parking would be approximately $100 per sign depending on city council direction. ACTION REOUESTED Affirm, by motion,the workshop consensus to not restrict parking in this location on Spruce Street. ATTACHMENTS: Type Description D Backup Material Workshop Memo D Exhibit Original Request Letter D Exhibit Map `o V�► City of Farmington � 430 Third Street v 0�X1 Farmington,Minnesota 651.280.6800•Fax 651.280.6899 ApRo . °�V www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Parking Restriction Request-Spruce Street DATE: February 9, 2015 INTRODUCTION The city has received a request from the owner and one of the tenants of the old Rambling River Center(431 Third Street)to restrict parking on Spruce Street. DISCUSSION From time to time, staff receives requests related to limiting parking times in the downtown area. The vast majority of these requests are related to convenience for a specific business, or a result of disagreements between neighboring businesses. Past practice has been to be very cautious in approving these types of requests as they often result in a"reserved"parking scenario in a public parking area. Items to consider when evaluating these types of requests include: • Enforcement-The city does not currently have officers dedicated to the enforcement of parking restrictions (marking tires to check parked time, etc.). Therefore, when complaints are received, it will be difficult to prove how long a particular vehicle may be parked there. • Business Schedule-If there is a consistent schedule at the business, it may be possible to restrict parking during specific times on specific days to accommodate large or heavy deliveries. However, if this situation does not exist, or if the business changes you are in essence, restricting public parking for no discernable reason. • Precedent-Caution should be used when making these types of decisions. If the decision is made to restrict parking based on a request from a business owner, are we willing to allow all business owners to restrict parking near their businesses? If not,then we should be prepared to answer the question"Why did you do it for them and not me?" It should be noted that there are three parking spaces in front of the post office on Oak Street that currently have a 15 minute parking restriction between 8:00 AM and 7:00 PM. In the event that the post office would ever move, staff would recommend removing these restrictions. Staff does Parking Restriction Request-Spruce Street February 9, 2015 Page 2 of 2 not believe that this restriction is precedent setting due to the unique services provided at that location. Staff recommends not restricting parking on Spruce Street. However, if the consensus of the council is that the parking should be restricted, staff would recommend that it only be restricted in the furthest east spot on the south side of Spruce Street and that the restriction be limited to 15 minutes to allow for the loading and unloading of heavy items while at the same time not creating the perception of a"reserved"parking spot on a public street. BUDGET IMPACT There would be no budget impact if the current parking remains. Signage and installation costs for restricting the parking would be approximately$100 per sign depending on council direction. ACTION REQUESTED Discuss the requested parking restriction and provide feedback to staff related to the request. Respectfully submitted, Kevin Schorzman,P.E. City Engineer cc: file DATE: January 7,2015 TO: Mr. Kevin Schorzman,Engineer City of Farmington 430 Oak Street Farmington,MN 55024 SUBJECT: Suggested Parking Restrictions Kevin: You will recall that I talked to you about a year ago about the parking on Spruce Street,along the south side of the building at 431 3rd Street. I offer the following information relative to the subject parking. 1. There are two business rental units with their only entrance from Spruce Street. 2. There are 4 parallel parking places on Spruce St.adjacent to the building— 1 handicap and 3 unrestricted. 3. The 3 unrestricted parking places are almost always taken by Postal workers from the processing facility on 3rd Street. Thus they are occupied for full 8-hour shifts without any availability for come-and-go clients for the businesses within the subject building. 4. When I talked to you about a year ago,you asked me to consider talking to the people at the Postal facility and see if things could be worked out. I talked to the Postmaster and he was very understanding about the situation and he said that he would talk to his employees,although we both acknowledged that these were public parking spaces and nothing could be forced upon anyone. 5. The situation has persisted all year with these places being taken by postal employees all day. When there was a retail shop in unit#4,the owner once approached one of the regular parkers and asked him if he could park somewhere else. The man said "Not a chance!" There has been no change since our original conversation on the subject. That small retail shop has since closed. 6. My wife and I are associated with Last Hope, Inc.,and we lease unit#3 on Spruce Street. I stop there daily at least once for short periods of time. Sometimes I have to carry heavy items from my truck to the office--often from down near 4th Street. Raining,hot or 20 below,while the parking places are taken for the entire day. 7. My request: Designate 1,2 or 3 of these parking spaces as"Two-Hour Parking Limit". I don't believe this is an undue restriction on the public since there are the parking spaces on the south side of City Hall on Spruce Street—almost always vacant. It would not be a hardship to park there all day for Postal workers. This proposal would enhance the viability of the business rental units in the 431 3rd Street and the public that visits them. Use as an employee parking lot for Postal workers is not efficient use of public property,in my opinion,especially when there is a reasonable alternative. I respectfully request that the City of Farmington give this situation consideration. If you would like to have a meeting on the subject,please contact me with one of the methods listed below. Sincerely, L W. ORR Board Member and Treasurer • Last Hope,Inc. P.O. Box 114 - -- Farmington,MN 55024 651-463-8739 leon.orr @charter.net Proposal endorsed by: ‘-nq\ aOhNO MOLLY • • ' ON Sackett Properties, Building Owner Dakota County, MN 9 eoellillite , as" g a, le- " . if ...,,,, ,_ _ , , 41111 IIIII , 0 .. 1 R ' r iy I ■ $ y nr s„, ,, 4,„ I „_ ,..„:„. ,,,„ ie.„ , : „, ?3 id3 OM I,.� pL''' '4 Y^? � e !a ti's ,,,,, p ±, . ^� „°'' IMO M ,PAVL Oil I x I I : II I :It t yam .. � g 4 x Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal Map Scale document and should not be substituted for a title search,appraisal,survey, or for zoning verification.Dakota County 1 inch =31 feet assumes no legal responsibility for the information contained in this data. 1/23/2015 01tRitt. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 •,4 PO, www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreements for the Purchase and Installation of a Picnic Shelter in Fair Hills Park DATE: April 6, 2015 INTRODUCTION Staff solicited proposals for the purchase and installation of a new picnic shelter in Fair Hills Park. Three proposals were received. Quotes were also solicited for the installation of a new picnic shelter in Fair Hills Park. Two quotes were received. DISCUSSION Previously the city council approved in the 2015 Park Improvement Fund budget an amount of$30,000 to purchase and install a picnic shelter in Fair Hills Park. In February 2015, a request for proposals(Exhibit A)was sent to six vendors to solicit proposals for the purchase and installation of a new picnic shelter. Three proposals were submitted. Exhibit B shows the tabulation of the three proposals received,which also shows installation costs. On March 11, 2015,the Parks and Recreation Advisory Commission(the Commission)reviewed the three proposals submitted. The commission unanimously recommended the purchase of the picnic shelter materials from St. Croix Recreation Fun Playgrounds, Inc. located in Stillwater, Minnesota. The selection by the commission was based on the shelter best meeting the selection criteria with the primary consideration given to the shelter having the largest roof diameter and amount of square footage under the shelter roof and at the lowest per square foot cost. Two quotes were solicited for the installation of the shelter. Attached is Exhibit D a tabulation form showing the two quotes received. The low quote submitted by Contracting Solutions,Inc was in the amount of$13,360.00. The low construction quote submitted allows the shelter to be purchased and installed for the$30,000 budgeted amount. BUDGET IMPACT The budgeted amount for the purchase and installation of a picnic shelter was $30,000. The proposed total cost of the materials and installation of the shelter is $30,000. ACTION REQUESTED Approve the attached agreement form with St. Croix Recreation Fun Playgrounds,Inc. for the purchase of the shelter materials in Fair Hills Park and approve the attached agreement form with Contracting Solutions, Inc, for the installation of the shelter in Fair Hills Park. ATTACHMENTS: Type Description fl Exhibit Exhibit A Request for Proposals D Exhibit Exhibit B Proposal Tabulation D Exhibit Exhibit C Shelter Installation Quote Tabulation D Contract Agreement form purchase of shelter materials D Contract Agreement form installation of shelter D Exhibit Park Location Map City of Farmington 430 Third Street z Farmington,Minnesota 651.280.6800•Fax 651.280.6899 ''r''PRO' www.ci.farmington.mn.us EXHIBIT A REQUEST FOR PROPOSAL FAIR HILLS PARK PICNIC SHELTER PROJECT INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for a new picnic shelter to be constructed in Fair Hills Park. For your convenience,there is a map enclosed indicating where this park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the picnic shelter is to be constructed in the park. The deadline to submit your conceptual design plan proposal for a picnic shelter in Fair Hills Park is Friday, February 27, 2015 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off at the Parks and Recreation Department office located at 430 Third Street Farmington,Minnesota or may be mailed to the same address. An electronic plan proposal may also be submitted but must be in a PDF format. The Park and Recreation Advisory Commission(PRAC)will be reviewing at its March 11,2015 meeting the conceptual design plan proposals that have been submitted by the deadline. Then the Commission will select and recommend one picnic shelter proposal to the City Council for approval. It is required that this project be completed on or before August 28, 2015 Please direct questions about this project to Randy Distad, Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad@ci.farmington.mn.us PICNIC SHELTER SPECIFICATIONS The following minimum specifications must be met: 1. The total cost for the shelter including all materials, labor, and shipping, should not exceed $30,000.00. Any proposed conceptual design plan proposal that is submitted over this amount will be rejected. 2. The shelter should be hexagon shaped with a two tier roof(attached photo illustrates the roof design). 3. Both roof tiers should have a minimum of 8:12 slope. 4. All columns and beams should have a powder coat paint finish prior to installation,which should be included in the estimated price submitted. 5. The roof should include a louver style cupola or similar that has at least a 6:12 roof slope. It is preferred though,that the cupola's roof slope matches the 8:12 roof slope specified for the two roof tiers (shown on attached photo). 6. The roof should be made of at least a 24 gauge painted galvanized steel panels. 7. Posts and beams should be steel with standard square column. The diameter of the posts should be in proportion to the building size contained in the proposal. 8. There should be at least a minimum of 8 feet head clearance from top of concrete slab to all support beams 9. The City would like a cost shown for optional overhead ornamentation on each of the two roof tiers. A picture or drawing of the ornamentation should be included with the proposal. The cost of the optional overhead ornamentation is not included in the $30,000 budget. 10. The shelter shall have at a minimum a snow load of 50 psf and a 90 mph wind load. 11. At least four of the posts should have knockouts or cut outs for future electrical wiring in the shelter. 12. Footings: The shelter columns shall be anchored to concrete footings that are at least 42 inches deep. A footing detail must be shown on the drawings and the detail must show a depth of at least 42 inches in order to meet the Minnesota Building Code requirement of the footings being below the frost line. The type of concrete and reinforcement of the concrete to be used for the footings should be identified on the drawings and should be based on the load the footings will carry. 13. Concrete Slab Site and Base Preparation: The following specification should be used when preparing the site for the pouring of the slab: • The site shall be prepared at the appropriate grade for the concrete floating slab. The top of the poured concrete slab forms should be three inches higher than the existing grade. • The base of the floating slab shall be excavated to a depth of at least 8 inches. • All material excavated shall be removed from the site. • Then 8 inches of class 5 aggregate base, 100% crushed limestone or recycled concrete (MN DOT 3138) should be placed on top of the excavated sub-grade area and compacted. 14. Concrete Slab Pouring and Curing: The following specifications should be used in when pouring the concrete slab: • The concrete slab is allowed to be floating but concrete reinforcing steel must be used and must be at least Grade 60. • The concrete mix shall be in accordance with MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 PSI. • The concrete slab shall be at a thickness of four inches (4"). • The concrete slab shall contain a slope of 1/8 inch drop for every 12 inches of run from center of slab to outside edge. • The foundation and forms shall be thoroughly wetted immediately prior to the placing of the concrete. • The concrete slab shall extend two feet out beyond the perimeter of the shelter roof drip line. • The concrete shall be placed, consolidated to fill all voids, struck off to the required grade and floated smooth. After the water sheen has disappeared, the surface should be lightly brushed to a uniform texture. • In order to deter vandalism to the newly poured concrete slab a member of the crew pouring the concrete slab should remain on site for at least four hours after the crew has finished with the concrete slab. • Within 24-48 hours of the concrete slab being poured all forms shall be pulled and removed from the site. • Within 48-72 hours,the concrete slab shall be scored every four feet across the full diameter of the slab. 15. Concrete Clean Up: All excess concrete not used in the project that is contained in the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner. All forms and any other materials generated from the construction of this project shall be removed by contractor. If the concrete clean up does not meet the satisfaction of City staff, 10%of the quote will be retained until the site has been satisfactorily cleaned up. 16. Site Restoration: Any turf areas that has been damaged during this project shall be repaired by the contractor. Any areas that have been destroyed, or areas where ruts or depressions have been created,will be restored to the same grade and condition as the surrounding park turf areas. After the concrete has adequately cured, the City will provide the restoration work along the edge of the concrete slab in order for the grade of the concrete slab to match with the existing grade of the turf areas. 17. Underground Utility Locations: The contractor installing the shelter will be required to place the Gopher One call for locating underground utilities. 18. A statement also must be made somewhere in your proposal stating the shelter construction documents submitted to the City of Farmington will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. 19. Any other shelter materials and its construction not identified in the above specifications shall comply with all 2006 International Building Code (IBC) requirements or if the IBC has been updated,the most current requirements contained in the IBC. 20. Submit on the included Quote Submittal Form your quote for the total cost of the shelter including the shelter, all concrete costs, shipping and installation and a quote for optional ornamentation along the edge of the lowest tier roof line. 21. A Certificate of Insurance must be submitted to the City of Farmington in advance of the project being started. The Certificate of Insurance must list the City of Farmington as"Additional Insured". A minimum $2,000,000 general aggregate and $1,000,000 each occurrence in general liability insurance amounts is required. Worker's Compensation and Auto Insurance must also be included on the Certificate of Insurance. 22. The construction entrance to Fair Hills Park is located on the west side of the park along Estate Avenue. All equipment used by the contractor or subcontractor(s) should access the park site from Estate Avenue into the park. Under no circumstances should any other entrances to the park be used. 23. Selection Criteria: Selection of the picnic shelter for the park will be based on the following criteria: • most closely meets the specifications identified previously • is able to submit a quote within the identified budget of$30,000 • highest total square footage from inside post to inside post(please identify total square footage somewhere on the conceptual design plan proposal based on inside post to inside post) • innovation or uniqueness in design. 24. The City reserves the right to reject any and/or all picnic shelter plan proposals submitted. FORMAT FOR SUBMITTAL OF PROPOSAL Proposals submitted should include the following information at a minimum so proposals may be comparatively reviewed: • One (1)24 x 36 inches(or as close as possible) colored is preferred,but black and white is acceptable, concept plan for the picnic shelter that is being proposed to be constructed in Fair Hills Park. • Six(6)color copies of the concept plan on 8 '/2 x 11 inch or 11 x 17 inch size paper. On this handout, the following information should be included: the dimensions of the picnic shelter; total square footage; roof pitch; ceiling height; color choices for the roof and the frame; and construction material. • A statement must be made somewhere stating what the picnic shelter's snow load and wind load amounts are. • A statement also must be made that states that the shelter construction documents submitted to the City will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. • The roof slope identifying that both roof tiers are designed and will be constructed with at least a 8:12 pitch. gjaRiffik., City of Farmington 430 Third Street Farmington,j� Minnesota 10 651.280.6800•Fax 651.280.6899 �r.A moo•- www.ci.farmington.ffin.us QUOTE SUBMITTAL FORM Submit your company's quote below for the Fair Hills Park Picnic Shelter Project. Your project quote should include the following costs: • Shelter materials • All concrete work • All labor • Shipping • Optional Overhead Ornamentation The deadline to submit your picnic shelter conceptual design plan proposal for Fair Hills Park is Friday, February 27, 2015 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions, having made the field inspections and investigations deemed necessary, having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills, equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Company Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Fair Hills Park Picnic Shelter Project Quote Total Amount: $ Optional Ornamentation Quote Amount: $ e ■ OD - 0) § 2 B 2 , On 0 Ea- ■ 2 0� 0 / 0 - kc � 2k q R 0 a § 2 - - c to *a A Cl) ka) § >- B 0 LL ■ CD # CD e e G K 1 TIC U) = Ala a) 0 $ •o k k k s. O co EL W E co CV CD a) in s § 20 _1 W •0 0 cn C CO 0 A / Cl) ƒ Spa ii- 2 as c a. o . 0 .c e .0 CO •C CO 0 g ƒ g ■ e 7 0 0 0 0 o •0. C f k f k f k E a 0 0 U 0. Z � 'C C o o a o OS % ° 0) % @ U) co co 2 O. f CD k f 66 f 66 L. 0 k ) k & 2 m Cl) % 43 a A 0) k s a) a) al w CV CV CV k 2 co 0 7 2 = 0_ da > c C 2 d cu X o k c C) W § v q zJf ix 0 2 C U >. .0 C Exhibit C Fair Hills Park Shelter Installation Quote Tabulation Form Name of Vendor Item Quote Amount ntracting Solutions, Inc. Installation of Coverworx shelter $13,360 in Cities Recreation, Inc. Installation of Coverworx shelter $19,470 AGREEMENT AGREEMENT made this day of , 2015, between the CITY OF FARMINGTON, a Minnesota municipal orporation ("City"), and ST. CROIX RECREATION FUN PLAYGROUNDS,INC.,a Minnesota corporation("Contractor"). . IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: I. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: • A. This Agreement B. Contractor Proposal dated February 26,2015,attached as Exhibit"A." C. Request for Proposal Fair Hills Park Picnic Shelter Project Specifications,attached as Exhibit`B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before August 28,2015. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected,and accepted, the City will pay the Contractor$16,640.00. Such payment shall be made not later than thirty(30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any . subcontractor. 8. 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 Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a,the Contractor must pay any subcontractor within ten (10)days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent(11/2%)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid.balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 169812 2 • City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) . Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident • Property Damage: $2,000,000 each occurrence 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. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 169812 3 • equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to 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.The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or tunes waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding'breach of this Contract by either party,whether of the same or any other covenant, condition,or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision,term,or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete,and all inclusive statement of the terms thereof, and supersedes and terminates any. prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be. obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 169812 4 Dated: 0---j21 7 ,2015. CITY OF FARMINGTON By: Todd Larson,Mayor By; 01.-!-- vid McKni t • Administrator • 169812 5 Dated: 2015 CONTRACTOR: ST. CROIX RECREATION FUN PLAYGROUNDS,INC. By: , ilk 0-7— . Its: ' r J-...i ' t✓ / • • 169812 6 \! - i 225 N.Second Street Stillwater, MN 55082 • February 26,2015 Mr.Randy Naiad,Director City of Farmington Parks and Recreation 1)ept. 450 Third Street Farmington, MN Dear ItariOy: • •. .„.„ •,.,•• •••••••• „„ •:••••• T,htglic you foriho opportuity-to provide the attactICO bid for the'WO:Hills Park PictiicSheltee. • 'Wellik0,:iiiiiii:40.1.t.:****4.0tottmookyo.*itoo.fopfmfolii:a*.olloi0100.:04:00..0.0r" pitoigwitti000s4.0oial*.litiA:0-:4*14.0 Atlbi-Abogitifi*Afi, *4441004,41:', • • wwat i.iiii.640413.40.40 • •1987 • • •• • • : .;• . • ••• ••••!-;11 . • ••,-6. • • ••• •s " •-• bs. .• , •••/•: ••-•*.: • .• . ;••••:. . • . . • St.COx ROCreation Ant Kawoltiak:41.0.',.40110.01i,ed and..tregteautuinCrOu0,staVard ati4 4 -011041.t 00,4/01 KnAeMitiifati3#01Y.:Y4r§..4-64.V446.4.64:ci rAi 416'4113IP* c1 j 04-. munieWitio, t1oughp „tilt .'0041.0 f *,04*,(1fl!.;r4.:. th 010.0.0:ritC641 Ot41.4.0.1.;1-1.'7'......i:::::4:::4.;;;P ! 6T.! •••• , ' '1 • s Pietigi.:106titiik41•14#60:160.44-64,4vi6iiiii4'4ii4fe tb Mike Basickinb@stcrobtrec.aiiicC or 64.469-6950.. .. Thank you again for the opportunity to quote-this:project. • ee.ro • cceBa' ich 'St. Croix RecteationFink Playgrounds,Int. • • • . • . • ' . • • • • • - • • . , I . - • # ' iv. City of Farmington 430.Third Street 1 . e c„....- -i, p ; $44,'''1141Val "11.•4 KO- ': Farmington,lornmesota 651.280.6000.Fax 01280,6899 •• .,. ..-.. www.ol,fannington.mn.us I . 1 • QUOTE SUBMITTAL FORM I . Submit your cOMpany's.telttoto below for th.o.Vair Hills Park Picnic Sheltor.Project, Your.projeot WO • Should inchtde the following costs: . • ... .Shelter materials . . • I •• Xi OonorOtc.wOrk • .All labor « Shipphig: • 1 . • Optional Overhead Ornamentation The deacilincto submit youiliienio alwlter conceptual design plan proposal'forFaititills Park is Friday, • 1 s Februarrn,2915 no later than lo:00 a.M. • • ,Companv.hifonnation: I ... 'rtic nndereigaed;being"faMillar with local conditions,having made the field inkientions and Investigations . - .de.erned necessary,having studied the Specifications for-the Work and beitik fluniliar with all factors and 1 . • other conditions affecting the work and.notts thereof,hereby promo to AIWA all labor,toolsimaterials, I •• skills,equipment and all else necessary to eompletelY construct the project in.upoordaueP With iho. • •specrnoations identified proVionolyi • Please provide.in the space that follows,your company's inforinatien. . 0.... i 0-• , ....----, . Neale of Cotapany Subitiltft Bid' .37:60/KReiiggeVoit) / 1/(i cetGe.0..e.4.0, 4174, • coatptI.Pcpon: Aieg.,_ . • • . B4-stee4 • . . IAddrest:,22,57. Ac ,C4-e.div4 ..,7 i>-.7"&iii44417.0. ? .MA..) . 1 1 woti(PhoneXuAubpr: 451-4.36- /2417 .. . . 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IVA A ati .• .• I • 4 1-:,71,,,.. 44 RA•,:...,,i;:.ilt.,--,7•:':3,,, L...-..f:-.1.•.!',4=.0,..'‘,.3,c1,.,),7,‘,..•iv v,-: :-. 1 4 i A 4',,,,Q...,:•4,4., 1 . ,(.;-,,,,?..4:4;,,li,-5•.i...? ::m•14,41.1o.3„,•;,-,•(,(i.•:s.;.,;:t,f,t)12,7::._,,,'4, '4:0,,- •f l',At..-■.P,.?7,-`,",K...nt,,,,,.,'.•,.. ;42'Fr,.24;2..."4,2.1. ,-÷;',=',g''''-'..4'7',,q,"'''-'..: :::-::•-•7r-,er.c.-:'...;kit-;;:li '''fstRiffeilt-12';;AA';1111,:&;),,,I( , ;26:1,.., :,,-,..;=:?...•:.. ..-...rr..•. -•••.%,....,..,„4,4,.. ....,,,, ;-?.:•••-''•• •..,,,....4.1., c,'•pp 0,ji,A:i I • • • . , i •• • ._________ __ ............__________• • .........._....__ . ____..- — --I---"----"-----------------------------"--------FkiF-nillirai41tTViiiireShirtiia'— I City of Farunn. gton, MN I . .... . I Statements: I . I Please refer to the attached specification drawings and written • information related to snow and wind loads, I . . . 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OliTIONAL.OLTEANISHED DECORATIVE sTEej.d.rFoLei :ligi I 1 ` ' • •,".-2"' 'Al .. pillufiljmninnwilibillill.7. , ,z4,-,.;,;.,-'/,'" • 1 I -Z, N,,, :..,,,, . - PROW 24 OA.MLILT141111 STEEL PANELS&TRIM \':'N"-' ;',',:‘.,,,. . - ,:::::-.-,,,, ,; :, 1 . 4.1 .,ey,41 ‘,, N\--,‘.- ‘, .., 6 N- - ‘„ , •{1,...:.. ;-,,:,:. -,,-,.. –,,— 7 1 ,,,,,iiirniffiiiiimin, IT11111.1.1111111 l f ll 1111Ir III 111111, ihif11111131111111111111i1111 I • l'• • A . ----......,„....,_ OPTIONAL TUBE STEEL I? LATTICE(1YP) kJ eic D'TOSE STEEL ,A---"---CoLualk tryFf• 1 • .... . • • • • ... ELEVAlfloN • 'SCALE:to-s .. ..11.1..0" :•- • • •;,*. 2;1'.0 11NSIDV,T9 outipE OF ow.) • . 2%.31 . • • I , -- • • . • • • . - I : . .•1. .,a , .. . — .. \ . .... • . . •••• . • . 1\ . .4/ \ . .. 1 • • \ • immi.'Vrt,7 .14, IrAw/ /7,, ,......11111#247 , mr•°,71 I 21147 WIDE i4n.HiGH . . •0:x.s,TunE WEI, / . Gomel srve) 45criVOALototEr • \ \ N Aar / Vx 6'TUBE STEEL HIP SEAM(TYPI . 1 - 1 0.obLumbla TOTAtiotwER TO oaTERMINg Local-tom ' . . / 5.313'Tope STEEL • PURLIN(TYLI I . ' \4. • *1\ /// •. . . AMINE OF CONCRETE PAS(EY OTHERsy AREA*DER 1.00F bx 510.4q.n. • AREA WITHIN COLUMNS st US Sg.Ft. AREA0EcONORETE SIAS I,SW Sq.FL . • FLAMING PLAN 0A1-0iita • 1 —,:,...'::.;•-•. • Steelworx hexagonal Shelter w/Vented Top-28' ., .... ..„ . 11800 EoL40 Mb Wad .1•.•-,' 4_Ec-,,-, *iv%MJ 40080 .. • ,,'-.1-'';17• ..1 . :, '"...' .,, - • ..■•• (Am(1568)463-uss Model: FIX-28-swyT.F8124A-crkz • COVERWORX -Frio0.5Z7401-)"" Recreation011trallti*tote A DiklMent of Rugs 14 II4Lr Inc. 657-me Effillt InkaPovenvirx.com wWw:CovetWox.coin 135810,N 8PEdiFICATIONS , _ ...l..._ ____ .______ . . . ................_ . ._....... . . . Model:Steelworx Hexagonal•Shelter w/Vented Top,28' Model#Hx.28-SW:vrai2-LA..CP-C Manufacturing Mission: To provide all prefabricated components and installation instructions for a 28'hexagonal (measured from bays to save)free standing bolt together,tubular steel constructed shelter kit. Design Criteria: Structure shall be.designed for a 60 lb live load and a 80 mph wind load bapacity,but can be designed based on specific site requirements upon request. All structural members are ASTM A-50011.5.grade B steel. Welded 1.. connection plates shah be ASTM A 36'fiot rolled steel. Ail fabrication peiforrned to latest AISC standards by.AWS certified weiders. All framing connections are done using A326 grade bolts within concealed access•openings from above and will later be concealed by the roofing. AU roof framing shall be flush against the roof decking to eliminate the l possibility'of bird nesting. Tubular Steel Columns and Beams: Standard column dimension'shall be 6'1x ti"x 3./16".tubular steel welded to 6/8" base plates for surface mounting, Main support beams are?'x 54x 3/16"and puriins are S"x 3"x 1/8". Steel sixes are preliminary and may.ohange due to ongoing review and final engineering. Roofing.. 24 Ga.pre-cnt:steel Multi-Rip panels with Kynar 600 finish in a Variety of colors with white underside. Standard roof slope is a 8/12 pitch with a Heave height of 8'-0". Attached to structural framing with exposed self tapping screws painted to match roof color. Matching 24 Ga.trim included. Frame Finish; All steal framework will recelva a corro$lon protective TGIC.Poiyaster powder coat,electro-statil:'aliy applied and cured at 400°F. A large selection of standard colors are available. . E ( . Foundation: All columns need lobe anchored to concrete footings(footing design provided separately). Columns can be surlace.mounted to footings with anchorbolts at or below finish slab elevation or they can be embedded directly Into the footing without base plates upon request. Anchor boils and bracing templates are Included.. Optiohal base plate covers are available at an additional cost. . -Hardware: Ail structural hardware and roofing fasteners shall be provided: • I • Warranty; 111 gears against manufacturer defects.. . • .Not•int luded: ¢oncrete.work daily kind,unloading of product and installation. IAdditional Options: • Flexibility of Design • Provisions for Electrical Such as:Height and Pitch • Lexan Wind Screens • Additional Engineering • Tongue&Groove Roof Decking • Variety of Colors '• Asphalt 1ShIngles,atanding Seam, . Decorative'Railinge,Lattice, Cedar Shake,or Clay TUe ltobfing Braces,Trim,etc, Site Furnishings and Acos, • Cupolas and Rooftop Acas. I . 1 . , . 1 . lists solo moo sond Steetuvorx Hexagonal Shelter w!Vented Top-28' s..f werren,.M148989 .• Qt p:(5414498• 6 Model:HX 28-SW-VT-81.2-1:ANOP-C COvERWQRx Fea:(eB5784.912) 1 �/ rau il;tre cove wwx.c DESIGN $P lFICAT10 Rix/ sRAf!+►X.AArt Ili'ltectttre Email;tn(o(�}go{.cam cam A ehinno Pr 1tr 4 purr Ina. tvtvw.Cc'erwoni cum . . • ._ _. .. ._n.�-DR ri.ED sHOTFOUN Arlon°3EtION101xt10uir OITOUNlratx ACEttai ritAINTt7. ;-T -�. .--�-,•R..,-_.. .�.. .Rx libl Ry(Ib) Rz Obi Rox(Ib tt) Roy(lb-ftl , Rox pb:ft) • Combination 1:' 65.057 . 8278.666 66.907 220.523 0 .220.323 Max verbal • Comblriaden 2 0 38.272 40.221 233:212 124.401 0603• -109.601 max ma • Qombination 3: . 40.606 .948.068 286469, 1336.070 10.61 -138.881 max ove tr* foundation Dimensions: piameter,=W 0 2.60 ft i, . Depth,0= 3,60 ft • Soli Conditions; Allowable Soil Bearing Pressure,Si= '1600,00 psi .i M• • Allowable Lateral Soil Bearing Pressure Loy= 100.00 paf/f • •,tDR;; • •f~oundation Propertlesi Vl R'1ICAL BARS _' k • -�.� � ;. .figs fo= 3000 ps! Number of Verticai Reinforcement gars iFt (8) :ttOR>Ybi�tr,4LtIE3-� . Vertical Reinforcement Bar Size m P8 f•Horizontal Tie Size= P4 ; iI a o • Horizontal Tie Spacing= 8 in,0.0. . :11641101111 ,11111111 I 1 in. fy= 60000 ps1 •catfntl Surfae Conottatnt(Q=Nti71=Yep a 0 -imi 1.. .6 Aressure Analysts; ' . Area Of Footing,Ar a nla(2/4= 4,91 sq.ft. 3°MIN. - 3'MB i. Actual Bearing Pressure,'S,=(Pau/Ai) 1000= 107'0.54 psf . ( Allowable Soil BestingPressure Exceeds Actual Sell Bea'ringPressure-'OO( . • Uplift Analvels; • I . Factored Wind'Uplift Load=((P, t.6)*1 eon)= 27:33 its. Typical Footing Design shown. Refer to accompanying 1 weight of Fooling,Wr 4 . • 2491.18 Ibo. documents detailing dealgn•0ataflatiotis, These are , • • . minimum footing design perametere 00"Diameter i 42" : ' • Welglif f Footing Exceeds Factured Wind Load-O •• •• '• Deepi/Reinforcng OWN) A Foundation Lateral I Overturning Analysis.(Nonaonatrainedl: ' • • Allowable Lateral Pressure;S1=(Lpa&71/3)= 233,33 pof • Equivalent Column Height,him MN= 0.00 ft . Norlcanstrafi►adFao&il,A=.(2,34W(61`tM.= 6.37 ft • Embedment Depth,d='(Ar2)(14;(1+(4.3BhYA)Ml2'= 0.37 ft comb-1 • Pa9.009 DaAth Arpeepts Errtbed.mant Deppth-OK • AllRwab$Lateral Pressure,81•=(Lpa.pl!a)= 233.33 pot. • Equivalent Cehtm)Height,h=WV= • 0.00 ft NonCenstralned Met;A=(2.34V)l(81.'W)= 0.97 ft • Embedment`bepth,d°(Al2)(14-0+(4.36h)IA)Ml2= 0.97 ft comb-2 - Footing popfh Exceo4is:E nI edment DOM-OK • . Allowable literal Pressure,S1=400 4113)= 233.33 pcf •EaklivelOnt Oofumn H$ight,ti is MA'a 0.00 ft t 1onconstra1ned Factor,A=(2.34V)/(81 = 1.08 it Elrlbedinhnt•Depth,d=( OtO+(1.4(4.31 A)M12= .1.08 ft Comb-? • Footing bepthExceeds EmbadmeftDepth.bK Steel Reinforcement AnhhIsist i . Minimum Required Rehiforcment,A1.,*,rx 3.63 iii"2 ' Acttal Ralnfgresinent,-A,:,;s= 0 • 3:63 ino2 . } Actual Reinfetrcemen Exceeds Minimum Requlred Retnforceitient-OK' • fi Use:2.6 FL Diameter•x 3,6 Ft;Deep Cdncreto Feeding..wl ONO:6 pare Vertical and No.4 Ties eta(nchos•O.C, . Notes: • 1,The fouhdaiton das)gn is based on Table 11)0B.2 of the building code,Class 6 soil material, If different soil f:ontil(lons are. encountered,if Is recommended that a site speolfic.geoleahnlcal report is conducted to determine-the load bearing values of the• . soq, • 2:`if the footing depth does not meet local frost requirements,footings shall be.re-designed under the direction of eh engineer. It is 'the contragteee respbhslblllty to v►erifli the Ideal frost depth. Covetworx#90352 Page 38 of 40 CEO 013481 • i. ..„...-_•-•',.,;;;--,.-i,;:,;,-,••'•• ., 2,•••• !--...-.'•:,*,-.,.-.11,1r::• 'it .---.- . -','!7•i'''.;' ':,'-'::::••:'''''. ' .'" .1'7'.4::''I,-'';1*-•;••''',.., ."',',',-`8-'1' ' ‘''2.14:-. - ' '' COVERVV 'i a 4 ) 'x• 1 �x,,,, tits P• i .Y = �y ! , 7 •t 1. C < , y. • � i r •" 'z .. -ts :X;c,::kr,t:?ra..:..:Cs`cl r 5'Z�1 s ...... •,. •..`,'t�?L'1....Vr ,<i..,Yep t. ,av:3 a..:1 xiM :-% '7.YlCk,i\:.-.. :. , :,,..y •RAIL Et LATTICE 1 CUPOLAS VENTED `R�•�� ®P'`�101�S ur�auaiower Ties Iatticq yorkspu AuD ornor and Eyln�$Qap ori ly,o{S)op ilmuielo • 4 1+II �el►Caelpla euetuy/ar81uVCl2P11u►llxn ._..._... ........ . .. ......: ...... '''14111/1)1.1.1.1.11111J111,11 flies`4 eTr,.. 'eU ';• ifs ,.,s, si,1111=11 . >a �� .s ROOF �� ;'_�z. :.a>` s4+'%'b�• ,c fir:;,;•,,c>;:.M1i; s: iiillhiiiiiiJiiiiii�! :.v.^�'t 3Y:n ,, (.i:.,,\ Je =n. ST NDARO l : OCTAGON/HEXAGON • VE{ttlf:#W• ctshv�lean�r:•/s:i2 Htc� Law _ r aspltownondrawlgg 1, =.c: . . [_. :{x r` t:r v::Ac t ° '' it.W ' : : . L I / K I:I - .r :vYas3^.ii •,,.r-cam ^ ,.:-:xr'e",-;,v .;X<��.:.-'- y-•�+'a 4f:-- — 5 - =d4 r �S l` :ii ?t:f . .. . . • i{uv :7'2'3 il% r .S .G. sQUA SQUARE CUPOLA f`. • "`GH(S DROOD . •} S3 4�! vr?�••k,Zt}1 `•��:_ `."�",.t,,A • - f --'1,--",;'..;',.., + a t vim �}0 M r-) . ,, .P �5 t P,x ; K' of Lj..<�f..-0`T.,.i t :x '1} c 1 Fr �' ,� \ ? : :;Y 3� ' r }! ,}�?{, Ll �11 lCA� ^ �� ++l�f y it{{ DIAMOND DECORATIVE CUPOLA 11E1�IT DROOF MINI LOW 1 5ji isf� Su�fftr(a fr;i. a a ' L ,,ii r wIs1✓I . $1,'y• :"i'',...>:,°y:•,(; .Y:;{ '.•..+�.:y.�.'.. ftYM4,_.—,_.11.�..se•."4•4�i�'l7.'`l i " ?w'„ts`:,zr... ti`' i.� t+ . S• -I 2 i y A'G 11111111111111111111h �. cP. ' s_1, .: U ;i'.i r i f,: :3 As:X.'Z¢ l :( :'SS' fX:e rri yf,; ftkf'w:,>e;l;+- ;�'*v,, %- ihe:: I ilEDROOF:JNCTONALCUPOA • MINI HIGH •i• f f 4 ; ,;Y,.. t�d i i o f Complete,steel Cttpola�;corns pre-finished and are available on tt5o t shelkers•.T.ube p+� l.� �4� 1,� ��} : steel Ms&lattice'st�iles may be combined,Custom designs• re also*tillable. CII I. I Yo`` ft Riv.* City of Farmington �`" .°� 430 Third Street Farmington,Minnesota Lea'f a 651.280.6800.Fax 651.280.6899 *1'A PA0 4 www ci.farmington mn,us V14-' R. REQUEST FOR PROPOSAL FAIR BILLS PARK PICNIC SHELTER PROJECT INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for a new picnic shelter to be constructed in Fair Hills Park. For your convenience,there is a map enclosed indicating where this park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the picnic shelter is to be constructed in the park. The deadline to submit your conceptual design plan proposal for a picnic shelter in Fair Hills Park is Friday, . February 27,2015 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off • at the Parks and Recreation Department office located at 430 Third Street Farmington,Minnesota or may be mailed to the same address. An electronic planproposal may also be submitted but must be in aPDF format. The Park and Recreation Advisory Commission(PRAC)will be reviewing at its March 11,2015 meeting the conceptual design plan proposals that have been submitted by the deadline.Then the Commission will select and recommend one picnic shelter proposal to the City Council for approval. it is required that this project be completed on or before August 28,2015 Please direct questions about this project to Randy Distad,Farmington Parks and Recreation Director either by phone at 651-2806851 or via email at rdistad @ci.faimington.mn.us PICNIC SHELTER SPECIFICATIONS The following minimum specifications must be met: 1. The total cost for the shelter including all materials,labor,and shipping,should not exceed $30,000.00. Any proposed conceptual design plan proposal that is submitted over this amount will be rejected. 2. The shelter should be hexagon shaped with a two tier roof(attached photo illustrates the roof design). 3. Both roof tiers should have a minimum of 8:12 slope. 4. All columns and beams should have a powder coat paint finish prior to installation,which should be included in the estimated price submitted. 5. The roof should include a louver style cupola or similar that has at least a 6:12 roof slope. It is preferred though,that the cupola's roof slope matches the 8:12 roof slope specified for the two roof tiers (shown on attached photo). 6. The roof should be made of at least a 24 gauge painted galvanized steel panels. 7. Posts and beams should be steel with standard square column. The diameter of the posts should be in proportion to the building size contained in the proposal. 8. There should be at least a minimum of 8 feet head clearance from top of concrete slab to all support beams • 9. The City would like a cost shown for optional overhead ornamentation on each of the two roof tiers.A picture or drawing of the ornamentation should be included with the proposal.The cost of the optional overhead ornamentation is not included in the$30,000 budget. 10. The shelter shall have at a minimum a snow load of 50 psf and a 90 mph wind load. 11. At least four of the posts should have knockouts or cut outs for future electrical wiring in the shelter. 12. Footings: The shelter columns shall be anchored to concrete footings that are at least 42 inches deep. A footing detail must be shown on the drawings and the detail must show a depth of at least 42 inches in order to meet the Minnesota Building Code requirement of the footings being below the frost line.The type of concrete and reinforcement of the concrete to be used for • the footings should be identified on the drawings and should be based on the load the footings will carry. 13. Concrete Slab Site and Base Preparation: The following specification should be used when preparing the site for the pouring of the slab: • The site shall be prepared at the appropriate grade for the concrete floating slab.The top of the poured concrete slab forms should be three inches higher than the existing grade. • The base of the floating slab shall be excavated to a depth of at least 8 inches. • .A11 material excavated shall be removed from the site. • Then 8 inches of class 5 aggregate base, 100%crushed limestone or recycled concrete (MN DOT 3138)should be placed on top of the excavated sub-grade area and compacted. 14. Concrete Slab Pouring and Curing: The following specifications should be used in when pouring the concrete slab: • The concrete slab is allowed to be floating but concrete reinforcing steel must be used and must be at least Grade 60. • The concrete mix shall be in accordance with MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 PSI. • The concrete slab shall be at a thickness of four inches(4"). • The concrete slab shall contain a slope of 1/8 inch drop for every 12 inches of run from center of slab to outside edge. • The foundation and forms shall be thoroughly wetted immediately prior to the placing of the concrete. • The concrete slab shall extend two feet out beyond the perimeter of the shelter roof drip line. • The concrete shall be placed,consolidated to fill all voids,struck off to the required grade and floated smooth. After the water sheen has disappeared,the surface should be lightly brushed to a uniform texture. • In order to deter vandalism to the newly poured concrete slab a member of the crew pouring the concrete slab should remain on site for at least four hours after the crew has finished with the concrete slab. • Within 24-48 hours of the concrete slab being poured all forms shall be pulled and removed from the site. . . • Within 48-72 hours,the concrete slab shall be scored every four feet across the full . diameter of the slab. . 15. Concrete Clean Up:All excess concrete not used in the project that is contained in the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner.All forms and any other materials generated from the construction of this project shall be removed by contractor. If the concrete clean up does not meet the satisfaction of City sta% 10%of the quote will be retained until the site has been satisfactorily cleaned up. 16. Site Restoration:Any turf areas that has been damaged during this project shall be repaired by the contractor. Any areas that have been destroyed, or areas where ruts or depressions have been created,will be restored to the same grade and condition as the surrounding park turf areas.After the concrete has adequately cured,the City will provide the restoration work along the edge of the concrete slab in order for the grade of the concrete slab to match with the existing grade of the turf areas. 17. Underground Utility Locations: The contractor installing the shelter will be required to place the Gopher One call for locating underground utilities. 18. A statement also must be made somewhere in your proposal stating the shelter construction documents submitted to the City of Farmington will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. 19. Any other shelter materials and its construction not identified in the above specifications shall comply with all 2006 International Building Code(IBC)requirements or if the IBC has been updated,the most current requirements contained in the IBC. 20. Submit on the included Quote Submittal Form your quote for the total cost of the shelter including the shelter,all concrete costs,shipping and installation and a quote for optional ornamentation along the edge of the lowest tier roof line. 21. A Certificate of Insurance must be submitted to the City of Farmington in advance of the project being started.The Certificate of Insurance must list the City of Farmington as"Additional Insured". A minimum$2,000,000 general aggregate and $1,000,000 each occurrence in general liability insurance amounts is required. Worker's Compensation and Auto Insurance must also be included on the Certificate of Insurance. 22. The construction entrance to Fair Hills Park is located on the west side of the park along Estate Avenue.All equipment used by the contractor or subcontractor(s)should access the park site from Estate Avenue into the park.Under no circumstances should any other entrances to the park be used. 23. Selection Criteria: Selection of the picnic shelter for the park will be based on the following criteria: • most closely meets the specifications identified previously • is able to submit a quote within the identified budget of$30,000 • highest total square footage from inside post to inside post(please identify total square footage ...somewhere on the conceptual design plan proposal based on inside post to inside post) • innovation or uniqueness in design. 24. The City reserves the right to reject any and/or all picnic shelter plan proposals submitted. FORMAT FOR SUBMITTAL OF PROPOSAL Proposals submitted should include the following information at a minimum so proposals may be comparatively reviewed: • One(1)24 x 36 inches(or as close as possible)colored is preferred,but black and white is acceptable,concept plan for the picnic shelter that is being proposed to be constructed in Fair Hills Park. • Six(6)color copies of the concept plan on 8 %Z x 11 inch or 11 x 17 inch size paper. On this handout,the following information should be included:the dimensions of the picnic shelter;total square footage;roof pitch;ceiling height;color choices for the roof and the frame;and construction material. • A statement must be made somewhere stating what the picnic shelter's snow load and wind load amounts are. • A statement also must be made that states that the shelter construction documents submitted to the City will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. • The roof slope identifying that both roof tiers are designed and will be constructed with at least a 8:12 pitch. otiFmpy�,* City of Farmington 430 Third Street Farmington,Minnesota `gyp 1� 651.280.6800•Fax 651.280.6899 • www.eLfarmingtan.mn.us QUOTE SUBMITTAL FORM Submit your company's quote below for the Fair Hills Park Picnic Shelter Project. Your project quote should include the following costs: • Shelter materials • All concrete work • All labor • Shipping • Optional Overhead Ornamentation The deadline to submit your picnic shelter conceptual design plan proposal for Fair Hills Park is Friday, February 27,2015 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the'field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Company Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Fair Hills Park Picnic Shelter Project Quote Total Amount: $ Optional Ornamentation Quote Amount: $ S AGREEMENT AGREEMENT made this day of 2015, between the CITY OF FARMINGTON, a Minnesota municipal col ration("City"), and CONTRACTING SOLUTIONS,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF TH.J MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: • A. This Agreement B. Request for Proposal Fair Hills Park Picnic Shelter Project Specifications as they pertain to the picnic shelter construction details,attached as Exhibit"A" In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"B"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. • 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before August 28,2015. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City will pay the Contractor$13,360.00. Such payment shall be made not later than thirty(30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. 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 Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 47125, Subdivision 4a, the Contractor must pay any subcontractor within ten(10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent(11/2 %)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid baiance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil.action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's • fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 169812 2 City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident • Property Damage: $2,000,000 each occurrence 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. hi 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. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 169812 3 equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to 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. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach•of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party,whether of the same or any other covenant, condition,or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision,term,or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition •renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in fill force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final,complete,and all inclusive statement of the terms thereof,and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 169812 4 Dated: a;rt21 ,2015. CITY OF FARMINGTON By: Todd Larson,Mayor By: i-•. f David McKni t, Administrator 169812 5 Dated: ( "- ,2015 CONTRACTOR: G CONTRACTING SOLUTIONS,INC. By: • Its: Ow".t,r J69812 6 moo dliy�► City of Farmington . 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651,280.6899 ' •A n '. www.ci.fartnington.mn.us EXHIBIT A REQUEST FOR PROPOSAL FAIR HILLS PARK PICNIC SHELTER PROJECT INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for a new picnic shelter to be constructed in Fair Hills Park. For your convenience,there is a map enclosed indicating where this park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the picnic shelter is to be constructed in the park. The deadline to submit your conceptual design plan proposal for a picnic shelter in Fair Wills Park is Friday, February 27,2015 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off at the Parks and Recreation Department office located at 430 Third Street Farmington,Minnesota or may be mailed to the same address. An electronic plan proposal may also be submitted but must be in a PDF format. The Park and Recreation Advisory Commission(PRAC)will be reviewing at its March 11,2015 meeting the conceptual design plan proposals that have been submitted by the deadline. Then the Commission will select and recommend one picnic shelter proposal to the City Council for approval. It is required that this project be completed on or before August 28,2015 Please direct questions about this project to Randy Distad,Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad @ci.farmington.mn.us PICNIC SHELTER SPECIFICATIONS The following minimum specifications must be met: • 1. The total cost for the shelter including all materials,labor,and shipping,should not exceed $30,000.00. Any proposed conceptual design plan proposal that is submitted over this amount will be rejected. 2. The shelter should be hexagon shaped with a two tier roof(attached photo illustrates the roof • design). 3. Both roof tiers should have a minimum of 8:12 slope. 4. All columns and beams should have a powder coat paint finish prior to installation,which should be included in the estimated price submitted. 5. The roof should include a louver style cupola or similar that has at least a 6:12 roof slope. It is preferred though,that the cupola's roof slope matches the 8:12 roof slope specified for the two roof tiers(shown on attached photo). 6. The roof should be made of at least a 24 gauge painted galvanized steel panels. 7. Posts and beams should be steel with standard square column. The diameter of the posts should be in proportion to the building size contained in the proposal. 8. There should be at least a minimum of 8 feet head clearance from top of concrete slab to all • support beams • 9. The City would like a cost shown for optional overhead ornamentation on each of the two roof tiers.A picture or drawing of the ornamentation should be included with the proposal. The cost of the optional overhead ornamentation is not included in the$30,000 budget 10. The shelter shall have at a minimum a snow load of 50 psf and a 90 mph wind load. 11. At least four of the posts should have knockouts or cut outs for future electrical wiring in the shelter. 12. Footings: The shelter columns shall be anchored to concrete footings that are at least 42 inches deep. A footing detail must be shown on the drawings and the detail must show a depth of at least 42 inches in order to meet the Minnesota Building Code requirement of the footings being below the frost line.The type of concrete and reinforcement of the concrete to be used for the footings should be identified on the drawings and should be based on the load the footings will carry. .. 13. Concrete Slab Site and Base Preparation: The following specification should be used when preparing the site for the pouring of the slab: • The site shall be prepared at the appropriate grade for the concrete floating slab.The top of the poured concrete slab forms should be three inches higher than the existing grade. • The base of the floating slab shall be excavated to a depth of at least 8 inches. • All material excavated shall be removed from the site. • Then 8 inches of class 5 aggregate base, 100%crushed limestone or recycled concrete (MN DOT 3138)should be placed on top of the excavated sub-grade area and compacted. 14. Concrete Slab Pouring and Curing:The following specifications should be used in when pouring the concrete slab: • The concrete slab is allowed to be floating but concrete reinforcing steel must be used and must be at least Grade 60. • The concrete mix shall be in accordance with MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 PSI. • The concrete slab shall be at a thickness of four inches(4"). • The concrete slab shall contain a slope of 1/8 inch drop for every 12 inches of run from center of slab to outside edge. • The foundation and forms shall be thoroughly wetted immediately prior to the placing of the concrete. • The concrete slab shall extend two feet out beyond the perimeter of the shelter roof drip line. • The concrete shall be placed,consolidated to fill all voids,struck off to the required grade and floated smooth. After the water sheen has disappeared,the surface should be lightly brushed to a uniform texture. • In order to deter vandalism to the newly poured concrete slab a member of the crew pouring the concrete slab should remain on site for at least four hours after the crew has finished with the concrete slab. • Within 24-48 hours of the concrete slab being poured all forms shall be pulled and removed from the site. • • Within 48-72 hours,the concrete slab shall be scored every Tour feet across the full . diameter of the slab. .• .. -• . • 15. Concrete Clean Up:All excess concrete not used in the project that is contained in the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner.All forms and any other materials generated from the construction of this project shall be removed by contractor. If the concrete clean up does not meet the satisfaction of City staff; 10% of the quote will be retained until the site has been satisfactorily cleaned up. 16. Site Restoration:Any turf areas that has been damaged during this project shall be repaired by the contractor. Any areas that have been destroyed,or areas where ruts or depressions have been created,will be restored to the same grade and condition as the surrounding park turf areas. After the concrete has adequately cured,the City will provide the restoration work along the edge of the concrete slab in order for the grade of the concrete slab to match with the existing grade of the turf areas. 17. Underground Utility Locations: The contractor installing the shelter will be required to place the Gopher One call for locating underground utilities. 18. A statement also must be made somewhere in your proposal stating the shelter construction documents submitted to the City of Farmington will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. 19. Any other shelter materials and its construction not identified in the above specifications shall comply with all 2006 International Building Code(IBC)requirements or if the IBC has been updated,the most current requirements contained in the IBC. 20. Submit on the included Quote Submittal Form your quote for the total cost of the shelter including the shelter,all concrete costs,shipping and installation and a quote for optional ornamentation along the edge of the lowest tier roof line. 21. A Certificate of Insurance must be submitted to the City of Farmington in advance of the project being started. The Certificate of Insurance must list the City of Farmington as"Additional Insured". A minimum$2,000,000 general aggregate and $1,000,000 each occurrence in general liability insurance amounts is required. Worker's Compensation and Auto Insurance must also be included on the Certificate of Insurance. 22. The construction entrance to Fair Hills Park is located on the west side of the park along Estate Avenue.All equipment used by the contractor or subcontractor(s)should access the park site from Estate Avenue into the park.Under no circumstances should any other entrances to the park be used. 23. Selection Criteria: Selection of the picnic shelter for the park will be based on the following criteria: • most closely meets the specifications identified previously • is able to submit a quote within the identified budget of$30,000 • • highest total square footage from inside post to inside post(please identify total square footage. somewhere on the conceptual,design plan proposal based $n inside post to inside post) • innovation or uniqueness in design. • 24. The City reserves the right to reject any and/or all picnic shelter plan proposals submitted. FORMAT FOR SUBMITTAL OF PROPOSAL Proposals submitted should include the following information at a minimum so proposals may be comparatively reviewed: • One(1)24 x 36 inches(or as close as possible)colored is preferred,but black and white is acceptable, concept plan for the picnic shelter that is being proposed to be constructed in Fair Hills Park. • Six(6)color copies of the concept plan on 8 %z x 11 inch or 11 x 17 inch size paper. On this handout,the following information should be included:the dimensions of the picnic shelter;total square footage;roof pitch;ceiling height;color choices for the roof and the frame;and construction material. • A statement must be made somewhere stating what the picnic shelter's snow load and wind load amounts are. • A statement also must be made that states that the shelter construction documents submitted to the City will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. • The roof slope identifying that both roof tiers are designed and will be constructed with at least a 8:12 pitch. Print Preview Page 1 of 1 Dakota County, MN 4-"' ' - "0"1*-",* --... *4T: i L./5*de •140 I . 1 . •9�y�.,,,. 1, 1 kea i i�rn- �''" a. 4ii*J., / . ...1 , ,41 . .iv ! �.. :4 ",� i i ry H 4.4, ...i ' k Af Y � [� 4 ii.P{ ��' �' ,��f .yam. 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This is not a legal Map Stele document and should not be substituted for a title search,appraisal,survey,or for zoning verification.Dakota County 1 Inch=183 feet assumes no legal responsibility for the Information contained!n this data. 3/31/2015 http://gis.co.dakota.mn.us/DCGIS/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... 3/31/2015 04 City of Farmington 430 Third Street ; ` Farmington,Minnesota 651.280.6800 - Fax 651.280.6899 'pis,., , -t' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Community Development Block Grant Commercial Rehabilitation Grant Contract- Often 400 Third Street DATE: April 6, 2015 INTRODUCTION Staff has received a completed application from W. Paul Otten for a Commercial Rehabilitation Grant for the building he owns at 400 Third Street in Farmington. Staff has reviewed the application and worked in coordination with the building official and the Dakota County Community Development Agency to recommend approval of a$22,087 grant for necessary improvements to eliminate conditions detrimental to public health and safety. The Economic Development Authority (EDA)voted at their March 23, 2015 meeting to recommend the city council approve a grant agreement funding this application. DISCUSSION Earlier this year,the EDA recommended, and the city council authorized application for the City of Farmington to allocate its 2015 CDBG allocation(estimated to be $42,717)to the Commercial Rehabilitation Grant program. This program has been very successful in Farmington over the past several years, and encourages local building/business owners to reinvest in public health and safety improvements in Farmington. A program summary is below: Grant funds may be available to assist local businesses and/or property owners who are making qualified improvements to eligible commercial properties that eliminate conditions that are detrimental to public health and safety. The following are examples of qualified improvements: correcting code violations, code improvements, and the correction of handicap accessibility issues. The intent of the grant program is to prevent the deterioration of commercial structures and discourage blight, encourage projects that correct code violations and to eliminate accessibility restrictions. Requirements of the program include, but are not limited to the following: • Applicant providing a 1:1 dollar match • Competitive bidding • Davis-Bacon Wage Act(payment of prevailing wages to contractors) The grant will cover replacement of rooftop mechanical equipment to eliminate environmental health concerns and meet building code requirements per the building official. While the grant amount requested is $22,087,the applicant is providing matching funds of$42,000 along with additional improvements to the building. The Commercial Rehabilitation Grant Program currently has a balance of approximately$38,000. The estimated 2015 allocation in the amount of$42,717 is anticipated to be available around July 1, 2015. BUDGET IMPACT $22,087 of CDBG funds from the Commercial Rehabilitation Grant Program category. ACTION REQUESTED Approve the attached grant agreement between the City of Farmington and W. Paul Otten for$22,087 in Commercial Rehabilitation Grant Program funds for 400 3rd Street. ATTACHMENTS: Type Description ▪ Exhibit Location Map D Contract Otten-400 3rd Street Grant Agreement Print Preview http://gis.co.dakota.mn.us/DCGIS/WebFonns/Print.aspx?img=http://... 400 3rd Street - W. Paul Otter , P ". a t- m�ii „,„J� r OM . i t = . 1 c �: - ' • 1 r, .-.1 140 .,•, r• ' . ,i - . t;° 0 , i $ , ,, A pill .C. n, _ .1 ,1, OW — w.• "` - I • it .X -r i . r r i" ',. I V► 4 n. 111,11111111 I V.4, A ! ¶::r �:t" f1 'L I ` '\ k•t` ` At. `... V.x 1 ti 400 3rd St s r v. (ly 17p§ "W. I it ' H e ;ill- ..„ i . 1 ' .' I 1 vcs i ,r I ... ' Me`^ � �'��r+s " rC1 I '' ,°J .. < f . i.. !. Mt !'? •.� I r Mr i ' 1a0 -• I •• '�st r• uM + . qU ,;. f 1 d F. if* c : x.?7. 7' ► r ...a.� w�.. was � ' 5 *- \. alb .14.1111P• t •+T �w { yr It '* �, a' ,i X 41 1 ' 4' 4 • 1 . _ _. ° 1. rm.__a I of 1 3/19/2015 11:25 AM City of Farmington Commercial Rehabilitation Grant Program Grant Agreement • This agreement is made and entered into this_day of ,2015,by and between W.Paul Often having its principal offices at 12400 Portland Avenue South, Suite 135,Burnsville, 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 replace the rooftop HVAC system and related components at 400 Third Street Farmington,Minnesota;and WHEREAS,the Grantee has requested funding to assist with the installation of a new HVAC system;and WHEREAS,the Grantor has reviewed the Grantee's application and determined that the proposed'iehabilitation 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$22,087(twenty-two thousand eighty-seven dollars)in CDBG funds to the Grantee for the replacement of the rooftop HVAC system and related components(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 new HVAC 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. 1 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: MN150034 01/02/2015 MN34(Attachment B) 6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the Dakota County CDA(contact:Lisa Alfson,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 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. 10. 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. 11. 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. 12. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in Attachment A. 13. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard Assurances as detailed in Attachment C and Attachment D. 14. 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 W.PAUL OTTEN BY: BY: ITS: ITS: • • • 3 Attachment A • PROVISIONS FOR CDBG FUNDED CONTRACTS I. 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.) During the performance of this contract,the,contractor agrees as follows: I. 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. 4 (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 Govermnent 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. (0) 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 5 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. (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. 6 (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 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. 7 (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. (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 [(GX1)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. (1) 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. 8 (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 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 td 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$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment,upgrading, demotion or transfer,recruitment, advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director, provided by or through 9 the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 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 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 10 wherein any performance is made on this contract identifying data for each hiring Iocation. 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 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. 11 (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. 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. 1l01u. 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, 12 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. 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: 13 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, Ioans, 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. • • • • 14 Page 1 of 8 • • Attachment B General Decision Number: MN150034 01/02/2015 MN34 Superseded General Decision Number: MN20140034 State: Minnesota Construction Type: Building County: Dakota County in Minnesota. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the SO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date • 0 01/02/2015 • * ASBE0034-009 06/01/2014 . Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes ll application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems) $ 41.30 19.83 B040647-007 01/01/2013 Rates Fringes BOILERMAKER . $ 32.40 25.37 BRMN0001-049 05/01/2.014 Rates Fringes TILE SETTER $ 29.28 19.67 BRMN0008-013 05/01/2014 t,. Rates Fringes f file;///C:/Users/LHENNI-1.DAK/AppData/Local/Temp/Low/LG5N43NN.htm 2/6/2015 e Page 2 of 8 BRICKLAYER $ 34.62 15.99 CARP0068-002 06/01/2009 Rates Fringes LATHER $ 33.04 14.87 CARP0322-004 05/01/2009 Rates Fringes CARPENTER (Including Acoustical Installation, Drywall Hanging & Form Work) Non Wood Frame Construction.$ 31.79 16.10 Wood Frame Construction $ 28.83 8.92 ELEC0110-013 07/01/2014 Rates Fringes ELECTRICIAN (Low Voltage, including wiring for Alarms) Installer $ 24.67 11.78+a+b Technician (Installation of Controller) $ 35.24 11.91+a+b FOOTNOTES: a. 1 year service - 5 days paid vacation; 2 years service - 10 days paid vacation; 5 years service - 12 days paid vacation; 7 years service - 14 days paid vacation; 9 years service - 16 days paid vacation; 11 years service - 18 days paid vacation; 12 years service - 20 days paid vacation b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of July; Labor Day; Thanksgiving Day; Day after Thanksgiving; • the normal work day preceding Christmas Day; & Christmas Day ELEC0110--014 05/01/2014 Rates Fringes ELECTRICIAN $ 37.28 25.33 ELEV0009-002 01/01/2014 Rates Fringes ELEVATOR MECHANIC $ 44.21 26.785 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Yeats Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. file:///C:/Users/LHENNI-1.DAK/AppData/Local/Temp/Low/LG5NONN.htm 2/6/2015 Page 3 of 8 l ENGI0049-042 05/01/2014 Rates Fringes OPERATOR: Power Equipment GROUP 1. .. . . $ 36.94 16.45 GROUP 2 $ 36.60 16.45 GROUP 3 $ 35.19 16.45 GROUP 4 $ 34.85 16.45 GROUP 5 $ 34.68 16.45 GROUP 6 $ 33.17 16.45 GROUP 7 $ 32.05 16.45 GROUP 8 $ 30.04 16.45 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Truck & Crawler Crane with 200' of Boom & Over, including Jib ($.50 premium with 300' of Boom & over, including jib); & Tower Crane 250' & Over. GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but not including 200' of Boom, including Jib; & Tower Crane 200' & Over. GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to but not including 150' of Boom, including Jib; Tower Crane (Stationary) up to 200'; Ali-Terrain Vehicle Crane, Boom Truck over 100 ft, Dragline. GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more); Overhead Crane (inside building perimeter), Excavator. GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill, Forklift, Compressor 450 CFM or over (2 or more machines); Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or 2 drums); Mechanic, Milling Machine, Roller, Scraper, Tractor over D2. GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor D2 or similar size. GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self Propelled Vibrating Packer. GROUP 8: Oiler, Greaser (Tractor/Truck) . 1R0N0512-002 06/09/2013 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING, AND STRUCTURAL $ 34.15 22.05 LAB00132--006 01/01/2012 Rates Fringes file:///C:/Users/LHENNI-1.DAK/AppData/Local/Temp/Low/LG5N43NN.htm 2/6/2015 Page4of8 t. LABORER (ASBESTOS ABATEMENT) Removal from Floors, Walls & Ceilings $ 27.33 14.94 { LA800132-023 05/01/2012 Rates Fringes LABORER Group 1 $ 28.46 15.82 Group 2 $ 28.96 15.82 LABORERS CLASSIFICATIONS GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt Shoveler, Carpenter Tender, Concrete Saw, Form Stripping, Mason Tender (Brick, Cement/Concrete), Plaster Tender, Scaffold Builder (Brick and Masonry), Top Person, Vibrating Plate GROUP 2 - Pipelayer, Bottom Person PAIN0061-007 05/01/2014 Rates Fringes Drywall Finisher/Taper $ 32.18 18.01 Sander $ 24.14 18.01 PAINTER Brush, Roller $ 33.17 18.17 Spray $ 33.17 18.17 PAIN1324-006 06/01/2012 1 Rates Fringes GLAZIER $ 35.69 13.95 PLA80265-005 06/01/2014 Rates Fringes PLASTERER $ 30.02 19.62 PLAS0633-054 05/01/2012 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 32.39 16.60 PL0M0034-011 05/01/2013 Rates Fringes PLUMBER (Excluding HVAC Pipe Installation) $ 39.99 20.81 FOOTNOTE: sir file:I//C:/Users/LHENNI-1.DAK/AppData/Local/Temp/L0w/LG5N43NN.htm 2/6/2015 Page 5 of 8 Paid Holiday: Labor Day PLUM0417-003 06/01/2013 Rates Fringes SPRINKLER FITTER (Fire) $ 40.08 21.00 FOOTNOTE: Paid Holidays: Memorial Day; July 4th; Friday before Labor Day; Labor Day; Columbus Day; & Thanksgiving Day PLUM0455-012 05/01/2013 Rates Fringes PIPEFITTER $ 39.98 23.18 R00F0096-022 05/01/2014 Rates Fringes ROOFER $ 35.06 14.68 FOOTNOTE: Paid Holiday - Labor Day SHEE0010-052 05/01/2009 Rates Fringes SHEET METAL WORKER (Including HVAC Duct and System Installation) $ 38.46 18.34 FOOTNOTE: Paid Holiday: Labor Day TEAM0346-005 05/01/2014 Rates Fringes TRUCK DRIVER 2-Axle Dump Truck $ 25.90 13.50 3-Axle Dump Truck $ 26.15 13.50 SUMN2009-043 07/27/2009 Rates Fringes INSTALLER - SIGN $ 20.32 5.05 LABORER: Landscape $ 12.88 4.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ===scars=Ica q==p=====____========c=====s -==G----•------==== file.///C:/Users/LHENNI—I.DAK/AppData/Local/Ternp/Low/LG5N43NN.htm 2/6/2015 Page 6 of 8 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the.example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union. rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers file:///C:/Users/LHENN1w1.DAK/AppData/Local/Teinp/Low/LG5N43NN.htm 2/6/2015 Page 7 of 8 Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling ' E On-survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the uestion in 1.) is q yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 It The request should be accompanied by a full statement of the interested party's position and by any information (wage (,1 file:///C:/Users/LHENNI-1.DAK/AppData/Local/Temp/Low/LO5N43NN.htm 2/6/2015 Page 8 of 8 payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. mRC!=i3 1=i9L9CO ============= ==============a== ======== vF END OF GENERAL DECISION • • j: ti f�2 it file:///C:/Users/LHENNI-1.DAK/AppData/LocaI/Temp/Low/LG5N43NN.htm 2/6/2015 Attachment C Federal Labor Standards Provisions u.s.Department of Housing . and Urban Development i Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by.the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and • pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the . A. 1. (I) Minimum Wages. All laborers and mechanics wage rates contained In the wage determination. employed or working upon the site of the work,will be paid (b) if the contractor and the laborers and mechanics to be unconditional! and not less often than once a week, and Y employed In the classification (if known), or their �. without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations Issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor,Washington, D.C. 20210. The Administrator, or an Secretary of Labor which Is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics,subject to the provisions of 29 CFR (o) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the Classification or their incurred for more than a weekly period (but not lea's often representatives, and HUD or its designee do not agree on than quarterly) under plans, funds, or programs. which' cover the arllculat weekly the proposed classification and wage rate (Including the p y period, are deemed to be constructively made or incurred during stick weekly period. amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions, Including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for th'e classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will Issue a determination within 30 days of Laborers or mechanics performing work In more than one receipt and'so advise HUD or its designee or will notify classification may be'compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1216-0140,) work is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 6.6(0(1)(11) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321')shall be posted at all limes by the contractor and'Its (1)(II)(b) or (c) of this paragraph, shalt be paid to all I' subcontractors at the site of the work In a prominent and workers performing work in the Classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers, the classification. (Ill) Whenever the minimum wage rate prescribed in the (it) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a listed in the wage determination and which is to be fringe benefit which is not expressed as an hourly rate, the employed under the contract shall be classiiied in contractor shall either pay the benefit as stated in the conformance with the wage, determination. HUD shall I approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fridge benefits therefor only when the following• criteria benefit or an hourly cash equivalent thereof. have been met: (Iv) if the.contractor does not make payments to a trustee or other third person, the contractor may consider as part • form HUD-4010(0612009) Previous editions are obsolete Page 1 of 6 ref.Handbook 1344.1 • S { z 2 E ..1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management end Budget under OMB Control Numbers 2. Withholding. HUD or Its designee shall upon its own 1216-0140 and 1216-0017.) action or upon written request of an authorized (II) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or • In which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor,or owner, as the case may be,for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and coinpietely all of the information required necessary to pay laborers and mechanics, Including to be maintained under 29 CFR 6.5(a)(3)(1)except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an Individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause .the suspension of any further httn://www.dais lov/esalwhdllorms/Wh3471nstr.htm or its • payment, advance, or guarantee of• funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission,of copies of payrolls by all subcontractors. written notice to the contractor,-disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account Of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them Upon'request to are due. The Comptroller General shall make such HUD or Its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency Is not such a party, the Contracts. contractor will submit the payrolls to the applicant 3. Cl)' Payrolls and basic records. Payrolls and basic sponsor,or owner,as the case may be,for transmission to records relating thereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Hour Contractor during th'e course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It Is not a violation.of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or Ks designee.. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number In Section I(b)(2)(B) of the Davis-bacon Act), daily and. 1216-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted Shall be accompanied by a actual'wages paid. Whenever the Secretary of Labor has °Statement of Compliance,' signed by the contractor or found under 29 CFR 6.6 (a)(1)(Iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic Include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described In Section 1(b)(2)(8) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information requited to be provided under 29 CFR 6.5 show that the commitment to provide such benefits is (a)(3)(1i), the appropriate Information is being maintained enforceable, that the plan or program Is finanolaliy under 29 CFR 6.6(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(0812009) Page 2 of 6 ref Handbook 1344.1 f h f , (2) That each laborer or mechanic (including each helper, Is not registered or otherwise employed as Stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually 4 earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on d that no deductions have been made either directly or the job site in excess of the ratio permitted under the Indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in t equivalents for the classification of work performed, as which its program Is registered, the ratios and wage rates K specified in the applicable wage determination (expressed in percentages of the journeyman's hourly 3 incorporated into the contract. rate) specified in the contractor's or subcontractor's (c) The weekly sUbmieslen of a properly executed registered program shall be observed. Every apprentice certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified in the • WH-347 shall satisfy the requirement for submission of the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph A.3.(il}(b}. Specified in the applicable wage determination. Apprentices shall be paid fringe benefits In accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount Of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (lit) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(I) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit Such representatives to Training, Employer and Labor Services, or a State at Interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an .apprenticeship program, the records or to make them available;'HUD or its designee contractor will no longer be . permitted to utilize f may, after written notice to the contractor, sponsor, appregtices at less than the applicable predetermined rate applicant or owner, take such'action as may be necessary for the work performed until an acceptable program Is to cause the suspension of any further payment, advance, approved. .. or guarantee of funds. Furthermore, failure to submit the (It) Trainees, Except as provided in -29 CFR 5.16R required records upon request or'to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 8.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by . , (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered In a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. E•very,trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the _ Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate specified to the applicable wage determination. Trainees ■ Office, or if a person is employed in.ails or her first 90 days of probationary employment as an apprentice in such shall be paid fringe benefits In accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention iririge benefits, trainees shill be paid the full amount of fringe benefits listed on the wage the Office of Apprenticeship Training, Employer and Labor determination unless the Administrator of the Wage and Services or a State Apprenticeship Agency (where Hour Division determines that there is an apprenticeship appropriate) to be eligible for.probationary employment entice as program associated with the corresponding journeyman an apprentice. The site allowable In-a ratio of apprentices to wage rate on the wage determination which provides for . journeymen on the Job site In any craft classification shall i not be greater than the ratio permitted to the contractor as less than full fringe benefits far apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee-rate who is not worker listed on a payroll at an apprentice wage rate,who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(08/2009) Page 3 of 6 ref.Handbook 1344.1 s i I f , ik the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the Job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate On the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate In HUD programs pursuant to 24 CFR Part 24. . event the Employment and Training Administration 1 withdraws approval of a training program, the contractor (III) The penally for making false statements is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. 1001. Addltlonal[y, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, TI110 18, U.S.C., until en acceptable program is approved. "Federal Housing Administration transactions', provides In part: 'Whoever, for the purpose of . . . influencing in any (lli) Equal employment opportunity. The utilization of way the action of such Administration • makes, utters or apprentices,trainees and journeymen under 29 CFR Part 6 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $6,000 or Imprisoned not opportunity requirements of Executive Order 11248, as More than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by, 6, Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shell comply with the requirements of 29 CFR salary, or Other labor standards provisions of this Contract Part 3•which are Incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert In any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any , other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions, require, and a copy of the applicable proceeding under or relating td the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to Include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The • subcontracts.. The prime.contractor shall-be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by, any. subcontractor or lower tier prime contract exceeds $100,000...As used in this paragraph. the subcontractor with all the contract clauses in this , terms"Laborers"and'mechanlcs"inciUde watchmen and guards. - ... paragraph. .. • (1) Overtime requirements. Na contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 6.6 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer Or mechanic in any workweek in which the contractor and a subcontractor 'as provided in 29 CFR individual is employed on such work to work In excess of 40 hours in 6.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half limes the basic All rulings and interpretations of the Davis-Bacon and rate Of pay for all hours worked In excess of 40 hours in such Related Acts contained In 20 CFR Parts 1, 3, and 5 are workweek. herein Incorporated by reference In this contract (2) Violation; liability for unpaid wages; liquidated 0. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause Set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subJect to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages,. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5. 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such • • the contractor (or any of Its subcontractors) and HUD or territory), for liquidated damages. Such liquidated Its designee. the U.S. Department of Labor, or the damages shall be computed with•respect to each Individual employees or their representatives, laborer or mechanic, including watchmen and guards, 10. (I) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm•who has an interest In the calendar day on which such individual was required or permitted to contractor's firm is a person or firm Ineligible to be work In excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 6.12(a)(1) or to be paragraph(1) of this paragraph. Previous editions are obsolete • form HUD-4010(06/2009) Page 4 of 5 ref.Handbook 1344.1 1 (3) Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract. or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor Such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2) of this paragraph. (4) Subcontracts, The contractor or subcontractor shall Insert in any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any Iower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds 6100,000. (1) NO laborer or mechanic shalt be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health . standards promulgated by the Secretary of Labor by regulation. (2) The ContractOr shall comply with all regulations . --- . Issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result In Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public LaW 91-64, 83 Stat 96). 40 USC, 3701 at sea. (3) The contractor shall include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor, The contractor shall take such aatton with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(0812009) Page b of 6 ref,Handbook 134€.1 i 'E• Attacnmeni.u Revised 10/7/99 STANDARD ASSURANCES I. NON-DISCRIMINATION. 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 thirds 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 el gag;. 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. C. The Rehabilitation Act of 1,973.as amended,29 U.S.C.§701 et se.and 4$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-Raided services or employment. D. The Am Discrimination in Employment Act of 1967,29 U.S.C.§621 el seg.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.G.§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.4 181.59 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.S. Such evidences are also subject to review by the Comptroller General of the United States,or a duly authorized representative, if federal funds arc 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 TRAI ING. 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 arc applicable to the work to be performed by Contractor. & AR City of Farmington � p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ,,A - www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Missie Kohlbeck, Recreation Supervisor SUBJECT: Adopt Resolution Accepting Sponsorships of the Music in the Park Program DATE: April 6, 2015 INTRODUCTION The Parks and Recreation Department has developed and will be rolling out a new program in 2015 and will start in May called Music in the Parks. This program will provide concerts once a month in May, June, July and August. DISCUSSION Farmington Parks and Recreation is delighted to bring to the Farmington community a free program called Music in the Parks.Music in the Parks consists of a series of four concerts May through August and will be held on the last Thursday of each month at 7:00 p.m. The performances will be held at Rambling River Park, or in the case of inclement weather, on the second floor of City Hall. A letter was mailed to local businesses requesting a sponsorship fee of$100.00 that would be used to sponsor a specific performance to offset the cost of the entertainment. In exchange for the sponsorship, an offer was made for the following benefits to the sponsor: • The sponsor will be publicly recognized for their generous program contribution • The name/logo of each sponsor will be prominently displayed on a large banner,which will be hung on the Rambling River Park tennis courts fence the week prior to and during the event As of April 1, 2015, staff has received a commitment from businesses for 15 of the 16 sponsorships available. Some businesses have even decided to sponsor more than one concert. The schedule, performer's name and sponsors name for each concert are as follows: May 28 Sheltered Reality Sponsor 1 Farmington Independent Sponsor 2 Chemquest Sponsor 3 TownsEdge Salon Sponsor 4 Thrivent Financial June 25 Bob the Beachcomber Sponsor 1 Farmington Gymnastics Center Sponsor 2 Farmington Liquors Sponsor 3 Chemquest Sponsor 4 The Dental Health Center July 30 The Percolators Sponsor 1 Akin Road Pet Hospital Sponsor 2 Chemquest Sponsor 3 Glenhaven Events Center Sponsor 4 Available August 27 St. Anthony Main Sponsor 1 Trinity Senior Campus Sponsor 2 Farmington Liquors Sponsor 3 Chemquest Sponsor 4 Dakota Electric Association BUDGET IMPACT Funds collected through the sponsorship of this program will be used to help offset the cost of the entertainment. ACTION REQUESTED Adopt the attached resolution accepting the sponsorship payment from the above mentioned businesses to the Music in the Park program,which will be used to offset the cost of entertainment during the four concerts planned. ATTACHMENTS: Type Description D Resolution Sponsorship Resolution RESOLUTION NO. R17-15 ACCEPT SPONSORSHIPS FROM VARIOUS BUSINESSES FOR THE MUSIC IN THE PARK PROGRAM Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of April, 2015 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS, the following businesses have agreed to pay a sponsorship fee in the identified amounts for the Music in the Park Program: Farmington Independent $100.00 Chemquest$400.00 TownsEdge Salon$100.00 Farmington Liquor$200.00 Farmington Gymnastics Center$100.00 Akin Road Pet Hospital$100.00 The Dental Health Center$100.00 Glenhaven Events Center$100.00 Trinity Senior Campus $100.00 Thrivent Financial $100.00 Dakota Electric Association$100.00 Express Coin Laundry$100.00 ; and, WHEREAS, it is in the best interest of the City to accept these sponsorships. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the sponsorships listed above for the 2015 Music in the Park Program. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of April, 2015. Mayor Attested to the 44 day of April, 2015. City Adminis at. SEAL