HomeMy WebLinkAbout05-25-10 Council Packet CITY OF OAK PAM{ 14I +1IGHTS
TUESDAY, MAY 25, 2010
CITY COUNCIL MEETING A
7:00 P.M.
7:00 Call to Order /Pledge of Allet- /Moroval of A uenda
I�sYAllcrled - -
linter
7 p.m. 11. Department /Council Liaison Retorts
A. Planning Commission
B. Parks Commission
C. Water Management Organizations
1). Other Liaison /Staff reports
7:10 p.m. 111. Visitors /Public Comment
Recycling Award (1)
This is all opportunity lm public to address the Council with questions or concerns on issues not part o1'
the regular u (Please limit comments to 3 minutes in length.)
7:15 p. IV. C'opsent- A (Roll Call Vote)
A. Approve Bills & Investments
13. Approve City Council Minutes -- May 11, 2010 (2)
C. Approve License for Sale /Storage of Consumer I ireworks at Wal -Mart (3)
D. Jorgenson Construction, Inc. 1 I "' Payment for New Ci I fall (4)
1 . Approve Resolution to Participate in NI.,C Prescription Discount Card Program (5)
I . City Code of Ordinances - Update CCIO2 Master lice Schedule (6)
7:20 p.m. V. I?uhl I1 e arii7t? s
None
7:20 p.m. VI. Old. - Business
A. City 1 - 1,111 Facility (no enclosure)
13. Design Guidelines Update (7)
C. EEICBG — Approve Contract and Supporting Resolution (8)
D. finance Director (tao enclosilr )
7:45 p.m. V1 1. New Business
A. Transfer of Conditional Use Permit (Amended) - bight Year Auto LLC to
Original Owner Auto Inc. (9)
B. Amendment to City Planning Consultant Firms (10)
C. Approve Resolution Proclaiming June 12, 2010 as a "Play Day" in the City of Oat:
Park Heights (11)
Page l of 96
City Council Agenda
May 25 2010
Page 2
8:00 p.m. VIII. Closed Session
A. Discussion on Possible Land Acquisition (closedpursr. my to Minn. S'tcrt. 13,ci. 05)
8:15 p.m. IX. Acjl()ur
Page 2 of 96
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Oak Park Heights
Request for Council Action
Meeting Datc Mav 25, 2010
Agenda Item Rec cclim-) Award Fime Required 0
Agenda Placement Visitors /Public Comment
Originating Department /Requestor Adn inistratiop /.lennifer Pinski
Requester's Signature T '%
.....-
Action Requested M&U —iv0 Infoz_pi_atio> __
1.3aci ttiid /Jtisti]lcLltioii (Please indicate an)' ])reViOLlS aCdOO has been taken or if other
public bodies have been advised).
Page 3 of 96
CI F
r. AID PARIS HEIGHTS
14168 ()a!< }'aik I3oulcattrd No. ° I'.(7. Box 2(107 ° Wk P - 11 - k llvi ,lies, MN .'i;i { }H2 2007 ° Phone: 051/439 -44:39 ° Fax: 651/439 -0574
May 20, 2010
Deloris Kojetin
5910 Oldfield Avenue North
Oak Park Heights, MN 55082
Dear Ms. Kojetin:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25,00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, May 20, 2010, to determine if you
had your recycling din out with your regular garbage. Your recycling was out
and ready for collection; therefore, you are one of this month's winners.
Please contact me at 439 -4439 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!
rJ
Jennifer Pinsk!
Administrative Secretary /Deputy Clerk
Tree City U. S.A. Page 4 of 96
Oak Park Heights
Request for Council Action
Meeting Date Mav 25, 2010
Agenda Item Approve City Council Minutes — May 11, 2010 Time Required
—
Agenda Placement Visitors /Public Comment
Originating Department /Requester Administrati /.lenniPcr Pinski
Requester's Signature
Action Requested __ Receive Information
Background /.ltuatilicatioii (Please indicate any previous action has been taken or il'other
public bodies have been advised ).
Page 5 of 96
CITY OF OAK PARK HEIGHTS
7:00 P.M. TUESDAY, MAY 11, 2010
CITY COUNCIL MEETING MINUTES
1. Call to O rder /Pledue of Allegiance /ADDroval of A eyg ida: The mecting was
called to order at 7:12 p.ni. by Mayor Beaudet. Present: Councihilembers
Abrahamson McComber, Runk, and Swenson. Staff present: City Administrator
.Johnson, City Attorney Vierling, City I:;ngineer Long, and City Planner Richards.
Absent: None.
Couwilmember Swenson, seconded by Couneilmember McComber, moved to
approve the Agenda. Carried 5 -0.
11. Dei)artment /Council L Reports.
A. Planning Commission: City Planner Richards reported that the next
meeting of the Planning Commission was set for May 13 at 7:00 p.m. I le
stated that the commission would be continuing discussion on the design
guidelines, Richards stated an application was received and was still
pending and would likely be on the .tune agenda.
13, Parks Corn missiop: Councilmember McComber reported that the next
Parks Con>»1ission meeting was set for May 17 starting with a
walkthrough at Autumn I l i 11s Park at 5:30 p.m, and then moving on to
Brekke Park where the regular meeting would follow that walkthrough.
C. Water Ma Ors; anizations /Middle St. . Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Watershed
Management Organization Nvas scheduled for May 13 at 7:00 p.m, at the
Washington Conservation District Office.
D. Other _ /Staff Reports: Counclimember McComber reported that a
Beyond the Yellow Ribbon Community meeting was held on May C and
was well attended. She stated the next step was to develop an action plan.
111. 'Visitors /Public Comurient:
A. Presentation by Greater Stillwater Chamber of Commerce:.lennifer
Severson of the Greater Stillwater Chamber of Commerce provided on
update to the council on new initiatives.
13. Recvclimt Award: Administrative Secretary Pinski reported that Ann
Bernard of 5859 Oakgrcen Court North was chosen as the recycling award
winner.
IV. Consent Awida:
Page 6 of 96
City Council Meeting Minutes
April 27, 2010
Page 2 of 2
A, Approve Bills & Investments
11, Approve City Council Minutes — April 27, 2010
C. 2010 Storm Sewer improvements -- Award Bid — to Miller Excavating
D. Appoint Ms. Jessica Anderson to the Oak Park Heights Internship Position
COuncihl7ember MCComber, seconded by Couneilnaember Runk, moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public flearinr,)
None
V1. Old Business:
A. City Hall Fa Mayor Beaudet reported that all open house was
scheduled for the new City I lall facility oil May 15 [goal 1:00 p.n. to 3:00
p.m.
Vl L. New Business.
None
Vllll. Closed Session:
City Attorney Vierling reported that the City Council would move into a closed
session pursuant to Minnesota Statute 13.d.05. fie stated the closed session
would be tape recorded and that the recording would be kept for three years as
required by statute.
The City Council recessed into closed session at 8:10 p.m. The City Council
reconvened its regular meeting at 8:24 p.m.
City Attorney Vierling reported that a notion was made in closed session and was
passed unanimously.
IX. AdiournmeiW
Councilmen her McComber, seconded by Councilnember Swenson, moved to
adjourn at 8:25 p,m. Carried 5 -0.
lZespectfully submitted, Approved as to Content and Form,
Jennifer Pinski David Beaudet
Administrative Secretary/Deputy Cleric Mayor
Page 7 of 96
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Oak bark Heights
Request for Council .Action
Meeting Date Ma-v25.2010
Agenda Item Title: Approve License for Sale /Storage of Consumer Fireworks at Wal -Mart
Agenda Placement Consent
Originating Department /Requester Finance -Judy Holst, Deputy Clerk /Finance Director•
c i /
Requester's Signature .. <. _611
1
Action Requested Approve License ._._ _W . _ -
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
An application for a License for Sale /Storage of Consumer Fireworks at Wal -Mart !11 861, 5915 Norell
Ave. N. has been received from Matt Wanat. The duration of business operation will be from June 1,
2010 to July 7, 2010. T1 1c application is conipletc, and the background chick leas been completed and
approved by the Police chief. l recommend approving the license application.
Page 9 of 96
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Page 10 of 96
Oak Park Heights
Request for Council Action
Meeting Date Mav 25, 2010
Agenda Item Title Jorgenson Construction Inc. 1 lth Pavrnent for New Citv Hall
Proiect
Agenda Placement Consent
Originating Department /Requestor Finance - Judv Holst, Deputy Clerk/Finance
Director
Requester's Signature
Action Requested Approve 1 1th pavment reques to J orgenson Construct I nc.
for the new Citv full proiect
Background /Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
See attached memo and pay request.
Page 11 of 96
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Memo :>
To: Mayor and Council
From: Judy Holst, Deputy Clerk /Finance Director
Date: May 20, 2010
Re: New City ]:Tall .Project
Please accept for the May 25' Council meeting agenda the attached request
for payment to Jorgenson Construction Inc. in the amount of $537,21.6.00
for the Oak Park 1 Acights City Hall project. The payment has been approved
by the architect, administration and reviewed by the Finance Department.
The project is 91% complete. The F inance Department recommends
approval of this payment upon receipt of the lien waiver.
Thank You
Page 12 of 96
APP :,ICATION AND CERTIFICATE FOR PAYMENT {AIA DOCUMENT G702)
OUST: CITY OF OAK PART{ HEIGHTS JOB:OAK PARK HEIGHTS CITY HALL APPLICATION 140: 11 Page: 1
14168 OAK PARK BLVD NORTH 14160 OAK PARK BLVD NORTH PERIOD ENDING : 04/30/10
OAK PARK HEIGHTS, MN 55082
OAK PARK HEIGHTS, MN 55082
FROM: JORGENSON CONSTRUCTION INC. ARCHITECT:AUETOW & ASSOCIATES CONTRACT NO:
9255 EAST RIVER ROAD NW 2345 RICE STREET, SUITE 210 CONTRACT DATE: 04/15/09
COON RAPIDS, MN 55433 -5722 ROSEVILLE MN 55113
JOE DESCRIPTION: GENERAL CONSTRUCTION OF CITY HALL
------ ..__.. ---- ------------------------------------------------------..,_°----------_-_------------------------------------_.._-----_---
-------- ------- --- -------- ---- - - - - -- - - - --- -^'w.........,..----
I CHANGE ORDERS 1
________________________________ ____ ___ _______ ___ ____I
I ( ADDITIONS I DEDUCTIONS I ORIGINAL CONTRACT AMOUNT ............................. $ 6,358,500,00
I 1 I I TOTAL, CHANGE ORDER AMOUNT $ 25,624.00
I PREVIOUS TOTAL 1 37,659.00 I 12,035.00 1 TOTAL CONTRACT INCLUDING CHANGE ORDERS ............... $ 6,384,124.00
I--------------------------------- --------------------- !
J
----- CURRENT ----- I I 1 AMOUNT COMPLETED & SPORED TO DATE. ................... $ 5,822,200.00
I___.-- ___ ._--- __---- .___ - I I RETAINAGE - 5.00% OF WORK COMPLETED ................ $ 291,110.00
I Numbor. Da to I I I 5.00£ OF STORED MATERIAL
I - -- - ----- -- " ----- -- --- - - 1 I ( COMPLETED TO DATE LESS RETAINAGE ..................... $ 5,531,090.00
I I E I
I I I PREVIOUS AMOUNT BILLED ............................... $ 4,993,874.00
CURRENT AMOUNT DUE .... ............................... $ 537,216.00
BALANCE TO FINISH, INCLUDING RETAINAGE ............... $ 853,034.00
1 'TOTALS TO DATE 1 37,659.00 1 12,035.00
I------------------------------- I ---------------------------
I NET AMOUNT 1 25,624.00 1
The undersigned Contractor certifies that to the best of State of: Minnesota County of: Anoka
the Contractor's knowledge, information and belief the Subscribed and sworn to before me this 1 1 th day
Work covered by the Application for Payment has been com- of NaV_ 7 n1 n 2010.
s ,
pleted in accordance with the Contract Documents, that all
amounts have been paid by the Contractor for Work for Notary Public:
which previous Certificates for Payment were issued and
payments received from the Owner, and that current payment My Commission expires: Jamtiar 3 , 2015
shown herein is now due.
CONT CTOR:� JOiAGENSON CONSTRUCTION INC. CYNTHIA M FURAN
NOTARY PUBW -MINNESOTA
j�.V\_Jx — DATE: 0 i hSy �mmigsku� expires Jsn.3f, 2055
--- - - - - -- - -- - - - - -- ----------------------------------------------------------------------------------------------....___----_------
ARCHITECT' S'CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ..............
In accordance with the Contract Documents, based on on -site (Attach explanation if amount certified differs from the amount
observations and the data comprising the above application, applied for)
the Architect certifies to the Owner that to the best of the ((��
A I((I
rchitect's knowledge, ,information and belief the Work has ARCHI'T'ECT: ) JU tr ToLu i �� �S� P'r�k
progressed as indicated, the quality of the Work is in
accordance with the Contract Documents, and the Contractor By: Date:
is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED is payable
only to the Contractor named herein. Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.
Page 13 of 96
Job Number: 4770 OAIC PARK HEIGHTS CITY HALL Application No.= 11 Period From: 04/01/7 -0 Page Number 2
Project: # : Invoice Number : 16597 Thxu: 04/30/10
--- -WORK C014PLETED - --- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE TO FINISH RETAINAGE
01 BONDS /INSURANCE /LICENSE /NPDES 68,000.00 68,000.00 .00 100 68,000.00 100 .00 3,400.00
02 MOBIL17ATION 5,000.00 5,000.00 OD ,00 5,000.00 100 .00 250.00
03 SURVEYING 10,500.00 5,885.00 695.00 .00 6,580.00 63 3,920.00 329.00
04 SUPERVISION 125,000.00 96,000.00 6,000.00 .00 102,000.00 82 23,000.00 5,100.00
05 CONSTRUCTION DUMPST£RS 18,000.00 10,850.00 3,500.00 100 14,350.00 80 3,650.00 717.50
06 CONSTRUCTION CLEANUP 5,500.00 2,250.00 1,250.00 .00 3,500.00 64 2,000.00 175100
07 FINAL CLEANING 6,500.00 .00 6,000.00 .00 6,000.00 92 500.00 300.00
08 SAFETY 6,000.00 3,750.00 375.00 100 4,125.00 69 1,815.40 206.25
09 CONSTRUCTION SIG14AGE 2,500.00 1,500.00 .00 .00 1,500.00 60 1,000.00 75,00
10 CONSTRUCTION /MOBILE, PHONES 3,000.00 1,850.00 185.00 .00 2,035.00 68 965.00 101.75
11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 2,800.00 280.00 100 3,000.00 68 1,420.00 154.00
12 CONSTRUCTION TOILET 4,000.00 2,500.00 250.00 .00 2,750.00 69 1,250.00 137,50
13 CONSTRUCTION FENCE 15,000.00 9,000.00 .00 .00 9,000.00 60 6,000.00 450.00
14 TOOLS /FASTENERS /EQUIPMENT 3,500.00 2,250.00 250.00 .00 2,500.00 71 1,000.00 125.00
15 RENTAL EQUIPMENT 5,000.00 3,000.00 500.00 .00 3,500.00 70 1,500.00 175.00
16 TEMPORARY ENCLOSURIsS 4,000.00 3,500.00 500.00 00 4,000.00 100 .00 200.00
17 TEMPORARY ELECTRIC 6,000.00 3,750.00 375.00 .00 4,125.00 69 1,8'15,00 206.25
18 TEMPORARY HEAT 38,000.00 31,000.00 7,000.00 100 38,000.00 100 .00 1,900.00
19 STREET CLEANING /SNOW REMOVAL 3,500.00 2,250.00 250.00 .00 2,500.00 71 1,000.00 125.00
20 SELECTIVE DEMOLITION 15,000.00 12,500.00 .00 .00 12,500.00 83 2,500.00 625.00
21 SITE CLEAR /E?:C /DRNTII,E /EROSIUld 190,815.00 151,871.00 .00 .00 1.51,871.00 80 30,944.00 '1,593.55
22 CONTROL /SITE UTIL. /AGG BASE .00 .00 .00 .00 .00 0 .00 .00
2.3 ASPHALT PAVING /STRIPE /W111, STOP 73,802.00 2,000.00 .00 .00 2,000.00 3 71,802.00 100.00
24 CURB & GUTTER 23,607.00 .00 .00 .00 .00 0 23,607,00 .00
25 EXTERIOR SIGNS 2,701,00 .00 .00 .00 .00 0 2,701.00 .00
26 RETAINING WALL 47,225.00 47,225.00 .00 .00 47,225.00 100 .00 2,361 .25
27 IRRIGATION 6,920.00 .00 .00 .00 .00 0 6,920.00 .00
28 LANDSCAPING 35,800.00 .00 .00 .00 .00 0 35,800.00 .00
29 PLASTIC FENCES /GATES 43,682.00 .00 .00 OD .00 0 43,682.00 .00
30 CONCRETE /14AS017RY REINFORCEMENT 36,023.00 36,023.00 .00 .00 36,023.00 100 .00 1,601.15
31 CONCRETE FOOTINGS 39,341.00 39,341.00 .00 .00 39,341.00 1 -00 .00 1,967.05
32 CONCRETE FOUNDATIONS 164,752,00 164,752.00 .00 .00 164,752.00 1.00 .00 8,237.60
33 CONCRETE FLOORS /TOPPINGS 83,862.00 83,862.00 .00 .00 83,862.00 100 .00 4,193.10
34 CONCRETE - SITE 27,709.00 .00 17,955.00 .00 17,955.00 65 9,754.00 897.
35 PRECAST PLANK 105,520.00 105,520.00 .00 .00 105,520.00 100 .00 5,276.00
36 MASONRY /GLASS MASON /CAST STONE 747,137.00 694,711.00 12,400.00 .00 707,111.00 95 40,026.00 35,355.55
37 STEEL. JOIST /DECK /14ISC -- MATERIAL 178,750.00 169,676.00 5,511.00 .00 175,181.00 98 3,563.00 8,759.35
38 STEEL JO.TST /DECK /14ISC -ERECT ION 559,000.00 57,310.00 .00 .00 5'1,310.00 97 1,690.00 2,865.50
39 ROUGH CARPENTRY /SHEATHING 55,000.00 53,000.00 .00 .00 53,000.00 96 2,000.00 2,650.00
40 CASEWORK /SOLID SURFACE /FRP -M 95,868.00 76,396.00 10,743.00 .00 87,139.00 91 8,729.00 4,356.95
41 CASEWORK /SOLID SURFACE /FRP-L 24,000.00 3,000.00 20,000.00 ,00 23,000.00 96 1,000.00 1,150.00
42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 .00 .00 23,340.00 100 100 1,167,00
43 WATERPROOFING 25,260.00 25,260.00 .00 .00 25,260.00 100 ,00 1,263,00
44 SPRAYED INSULATION 15,200.00 15,200.00 .00 .00 15,200.00 100 .00 760.00
45 METAL ROOF PANELS /NAIL, INSUL. 165,057,00 137,340.00 27,717,00 .00 165,057.00 100 .00 8,252.05
46 BUILT - UP ROOF /SHEET 14TL FLASH 108,813.00 03,717,00 .00 .00 83,717.00 77 25,096.00 4,185.65
47 FIRESTOPPING 4,400,00 4,400.00 .00 .00 4,400.00 100 100 220.00
48 JOINT SEALA14TS 15,100.00 14,522.00 .00 .00 14,522.00 96 576.00 726.10
49 LIM FRMS /DRS /WOOD DRS /HDW -M 113,750.00 113,750.00 .00 .00 113,750.00 100 .00 5,687.50
50 HM FRMS /DRS /WOOD DRS /HDW -L 39,125,00 7,000.00 30,000.00 .00 37,000.00 95 2,125.00 1,850.00
51 ACCESS DOORS 6 FRAMES 1 1,000,00 .00 .00 1,009.00 100 .00 50.00
52 COILING WOOD DOOR 9,984.00 9,984.00 .00 .00 9,984.00 100 .00 499.20
53 SECTIONAL DOORS 23,218.00 15,585.00 7,633.00 .00 23,218.00 100 .00 1,160.90
54 WOOD WINDOWS 59,500.00 59,500.00 .00 .00 59,500.00 100 .00 2,975.00
55 ALUM CRTN14ALL /WNDWS /SKYLTS /GLS 204,466.00 253,104.00 31,362.00 .00 284,466.00 100 .00 14,223.30
56 AUTO DOOR OPERATORS 3,345.00 .00 3,345.00 .00 3,345.00 100 Pa68 14 oftJ6 25
Job Numbor: 4770 OAK PARK HEIGHTS CITY HALT, Application No.: 11 Period From: 04/01/10 Page Number 3
Project N : Invoice Number 16597 Thru: 04/30/10
- -- -WORK COMPLETED - - -- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE TO FINISH RETAINAGr
57 GYPSUM DRYWALL /PLASTERING 177,537,00 172,210.00 5,327,00 .00 177,537.00 100 .00 8,876.85
58 CERAMIC TILE 16,200.00 16,200.00 .00 .00 16,200.00 100 .00 610.00
59 ACOUSTICAL & WOOD CEILINGS 52,670.00 32,670.00 20,000.00 .00 52,670.00 100 .00 2,633.50
60 RESILIENT FLOORING /CARPET 77,995.00 62,025.00 15,970.00 .00 77,995.00 100 .00 3,899.75
61 PAINTING /STAINING /SdALLCOVERING 66,250.00 36,000.00 24,237.00 .00 60,237.00 91 6,013.00 3,011.85
62 FABRIC WRAPPED PANELS 7,665.00 .00 7,665.00 .00 7,665.00 100 100 383.25
63 VISUAL DISPLAY SURFACES 1,000.00 5,500.00 1,500.00 .00 7,000.00 100 .00 350.00
64 SIGNAGE 6,162.00 .00 6,162.00 .00 6,162.00 100 .00 306.10
65 TOILET COMPARTMENTS 2,831.00 2,831.00 .00 .00 2,831.00 100 .00 141.55
66 WALL /CORNER GUARDS 1,000.00 750.00 250.00 100 1,000.00 100 .00 50.00
67 TOILET ACCESSORIES 10,517,00 9,017.00 1,500.00 .00 10,517.00 100 .00 525.85
68 FIRE EXTINGUISHERS 3,704.00 3,154.00 550.00 .00 3,704.00 100 .00 185.20
69 METAL LOCKERS 2,850.00 .00 2,850.00 .00 2,850.00 100 .00 142.50
70 POSTAL SPECIALTIES 1,214.00 1,000.00 27.4.00 100 1,214.00 100 .00 60.70
71 STORAGE ASSEM8LTES 18,066.00 13,000.00 .00 .00 13,000.00 72 5,066.00 650.00
72 EXTERIOR SUN CONTROL DEVICES 3.2,500.00 .00 12,500.00 .00 12,500.00 100 .00 625.00
173 CANOPIES 12,500.00 .00 .00 .00 .00 0 12,500.00 .00
'14 FLAGPOLES 2,200.00 .00 2,200.00 .00 2,200.00 100 .00 110.00
75 PROTECTION SCREENS 2,815,00 2,650.00 165.00 .00 2,615.00 100 100 140.75
'76 DETENTION EQUIPMENT 26,667.00 21,000.00 5,66'7.00 .00 26,667.00 100 .00 1,333.35
77 EXHIBIT EQUIPMENT 6,000.09 .00 .00 .00 .00 0 6,000.00 .00
78 WALL & CORNER PADS 5,885.00 5,685.00 .00 .00 5,885,00 100 .00 294.25
'19 HORIZONTAL LOUVER BLINDS 4 100 4,000.00 100 4,000.00 100 .00 200.00
80 ENTRANCE FLOOR GRILLES 3,050.00 3,500.00 3:0.00 ,00 3,850.00 100 .00 192,50
81 HYDRAULIC ELEVATORS 54,899.00 9,849.00 45,050.00 .00 54,899.00 100 .00 2,744.95
62 MECHANICAL- PLUmiuNG & PIPING 603,000.00 505,573.00 78,521.00 .00 584,094.00 97 18,906.00 29,204.70
83 [4ECHANI CAL -HVAC -TEMP CONTROLS 405,000.00 372,600.00 24,891.00 .00 397,491.00 96 7,509.00 19,814.55
84 GEOTHERMAL GROUND LOOP 185,500.00 92,467.00 .00 .00 92,467.00 50 93,033.00 4,623.35
65 FIRE PROTECTION 56,532.00 49,840.00 5,000.00 .00 54,840.00 97 1,692.00 2,742.00
86 ELECTRICAL - GENERAL CONDITIONS '72,000.00 69,000,00 2,000.00 .00 '11,000.00 99 1,000.00 3,550.00
87 ELECTRICAL - FIXTURES 6 LAMPS 255,000.00 204,000.00 40,000.00 .00 244,000.00 96 11,000.00 12,200.00
80 ELECTRICAL -GEAR & FUSES 77,000.00 '17,000.00 .00 .00 7'1,000.00 100 .00 3,850.04
69 ELECTRICAL - EMERGENCY GENERATOR 87,300.00 87,300.00 .00 ,00 87,300.00 100 ,00 4,365.00
90 ELECTRICAL- BRANCH CIRCUITS 358,860.00 342,500.00 11,860.00 .00 354,360.00 99 4,500.00 17,718.00
91 ELECTRICAL- LIGHTNING PROTECT. 10,000.00 9,000.00 2,000.00 100 10,000.00 100 100 500.00
92 LOW VOLTAGE 171,000.00 135,000.00 34,000.00 .00 169,000.00 99 2,000.00 8,450.00
93 PROFIT /OVERHEAD 212,759.00 174,540.00 16,986.00 .00 191,526.00 90 21,233.00 9,576.30
CO #11 MISC. CHANGES 37,435.00 3'1,435.00 .00 .00 37,435.00 100 .00 1,871.75
CO #12 MISC. C13ANGES .00 .00 .00 .00 .00 100 .00 .00
CO #3 MISC. CHANGES 12,035.00- 12,035.00- .00 .00 12,035.00- 100 .00 601.75 -
CO 114 MISC. CHANGES 224.00 224.00 .00 .00 224.00 100 .00 11.20
.7 o b T o t a 1 s 6384124.00 5256709.00 565,491.00 .00 5622200.00 91 561,924.00 291110.00
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Oak Park Heights
Request for Council Action
Meeting Date Mav 2S"'. 2010
Time Required- i Minute
Agenda Item Title: Approve Resolution to Participate in NC,Q PreSCriDtion Discount. Card
1'ro�raa
Agenda Placement Consent 1 7LF, ------- _....._....._.._---
....._
Originating Department /Re . ...__. 1�ric Johnson, City Admi.nistrat
Requester's Signai.rlr?e
Action Requeste 44 A pp�° _ � r�'��lation as -
Background /Justification (Please indicate if arty previous action has been taken or if
other public bodies have advised):
On April 27"' the City Council directed that the (pity initiate the process to participate in NLC"
Prescription I]iscount Card Program.
One of the requirements for participation in the NLC Prescription Discount Card Program is the
passage of the enclosed I. EISO .,UI'ION. Basically, it is a dernorn.stration of intent to participate in
the program, All other documentation has been filed with the NLC and we are awaiting; final
membership cards and other media.
Page 17 of 96
RESOLUTION
Resolution to Participate in
NLC Prescription Discount Card Program
Whereas some citizens of the City are among; the trillions of Americans without health
insurance or with limited prescription drug; coverage, arid;
Whereas the National League of Cities is sponsoring a program in collaboration with CMS
Caremark to provide relief to city residents around the country from the high cost of
prescription drugs, and
Whereas NLC Prescription Discount Card Program will be available to n ernber cities of
NL,C.` at no cost to those cities, and;
Whereas C:,'VS Caremark will provide participating; cities with prescription discount cards„
marketing materials and customer support, and;
Whereas the discount cards offer an average savings of 20 percent offthe retail price; of
most prescription drugs, has no enrollment form or membership fee, no restrictions based
on the resident's age or income level, and may be used by city residents and their families
any time their prescriptions are not covered by insurance, and;
NOW 'I'llF"REFORI. -? 531; T R1?SOLVED b the City Council of the City of Oak Park
1:-leights, that the City will inform the National l..,eague of Cities of its intent to participate in
the NLC Prescription Discount Card Program and will, to the extent determined by the City
Council, work with NLC and CVS Caremark to implement the program to the benefit of
the residents of the City.
Massed by the City Council for the City of Oak Park Heights this 25th day of May
20100
)David Heaudet Mayor
Attest:
Eric Johnson, City Administrator
Page 18 of 96
A,
fir 1.," lJ 4 rN D, Y I
Oak Park Heights
Request for Council Action
Meeting Data Mav 25. 2010
Time Required: 1 minute
Agenda Item "Title: Citv Code of Ordinances Uodatc CC102 Master l"ee Schedule
Agenda Placement Consent
Originating Department /Requestor Adnlinistratio /Julie 1-lultrnan
Requester's Signature �...,� ;..s. ,. : ,k
Action Requested C'o s_ er & Adopt Amended CC; 102 Master Fee Schedule
B3iel �grol.rnd /.1UStrf7cation (Please indicate ifany previous action has been taken or if other public
bodies have advised):
The Minricsota Department of Labor and Industry has notified its of the fallowing change to the
surcharge law.
Minnesota Statutes 2008, section 32613.148, subdivision 1, is amended to read: Subdivision 1.
Computation. To defray the costs of administering sections 32613.101 to 32613.194, a surcharge is
imposed on all hermits issued by municipalities in connection with the construction of or addition or
alteration to buildings and equipment or appurtenances after .tune 30, 1971. The commissioner may use
any surplus in surcharge receipts to award grants for code research and development and education.
If the I'ee for the permit issued is fixed in amount the surcharge is equivalent to one -half mill (.0005) of
the fee or 50 cents, except that effective July 1. 2010, until ,tune 30, 2011. the permit surchame is
equivalent to one -half mill (.0005) of the fee or $5, whichever amount is greater.
Accordingly, you are being asked to consider and approve a change to the master fee schedule
reflecting this change, reflected in the fee schedule as "MN State Surcharge" versus the current .50
MN State Surcharge."
Additionally, you are being asked to consider and approve updates to the schedule for the currently
charged market rates amounts of $5.00 for frisbee golf course discs and $ 100.00 for water curb stop
driveway covers.
Staff recommends that the summary of fee amendments to CC -102 .Mcister Fee &h& be adopted
and be incorporated within the fee schedule. The amendment to the schedule shall be published as
required by law.
Page 19 of 96
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2010-102-
AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY
OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES
TI TF CI"T'Y COUNCIL OF 'T'I -1F CI'T'Y OF OAK PARK I- II:,IGIJT8, WASHINGTON COUN'T'Y,
MINN I::SO`fA. DONS ORDAIN:
Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of
Oak Park I Ieights is hereby amended as follows:
frisbee Golf Course Disc `115.00 each
W itcr Curb Stop I)riveway Covers $100.00 each
f=ixed lee Permit Minil)71i111 Surcharge FCC 1'rom .50 cacti '1'o "MN Statc Surclm Yc"
l ffective July 1.. 2010 i €i C om1)1i€ €ncc Nvith
M kinesom Statutes 326.13.148 "SLu_charge."
Section 2. FTfiective Date, This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed and adopted by the City Council of the City of Oak Park Heights,
Washington County, Minnesota, on this 25 "' clay of' May, 2010.
CI FY OF OAK PARK 141:;IC.1I TS
I3y:
David Beaudct, Mayor
Attest:
I. ric A. Johnson, City Administrator
Page 20 of 96
Oak Park H eights
Request for Council Action
Meeting Date Mav 25` 2010
Time Required: _.. l_0 Minutes
Agenda Items "Title: Des G uidelines Update . _R . esidcniial Dcsi�),n Standards.
Agenda Placement Old Business
Originating Departmen'i /Req `cSt V/i JoiDso��� City Administrato
Re:questc; Sil;nattare .-- ._._..__
l
Action Requestcd ..... - - - -- �c c 13� Iqw
Background /Justilicatimi (Please indicate if any previous action has been taken or if othcr public
bodies have advised):
Sep; Attached froin Scott Richards:
1. Memo dated n - tay 19 X010
2. Proposed ordinance updates
3. Recommendation Resolution - -- PlaDning C;oimnission
Page 21 of 96
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4 -800 Olson Memorial I-ligi Suite 2072, Golden Valley, MIN 5
Telephone: 763.231.2555 Facsirnile: 763.231.2561 plan - ii - iersi.ci., , nacplai - ) i - iing.cor - ii
MEMORANDUM
TO Eric Johnson
FROM: Scott Richards
DATE: May 18, 2010
RE: Oak Park Heights -- Design Guidelines Update:
Residential Design Standards
FILE NO: 798.04 — 09.05
The Planning Commission, at its May 13, 2010 meeting, reviewed the revised Zoning
Ordinance language related to applying design standards to residential new
construction and remodeling projects. They suggested a slight wording change to
Section 401.15.C.8,d.2) but otherwise thought that the revised text was appropriate and
addressed the concerns of the City Council. The text, as included in the amending
ordinance, was recommended unanimously by the Planning Commission.
The Planning Commission had directed staff to reorganize the Zoning Ordinance
language in Section 401.15.0.8 so that remodeling projects would be subject to the
general requirements for design, but the more specific items such as placement of the
garage would only apply to new construction. Additionally, the language related to the
deferment and exceptions to the design requirements as a conditional use was added
back into the draft.
The ordinance draft has now been formatted with essentially the same language. In
Section 401.15.C.8.d, remodeling and new construction for single family and multiple
family up to five units, is now subject to only the general design requirements. In the
next section (401.15.C.8.e), new construction of single family and limited multiple family
units are further provided more detailed requirements that relate to window and door
openings and garages. The requirements for multiple family containing six units or
more in Section 401. 1 5.C.8.f would apply only to new construction.
The City Council should consider these changes at their meeting on May 25, 2010.
Please find attached a Zoning Ordinance amendment that includes the revised
language and the Planning Commission resolution.
Page 22 of 96
ORDINANCE NO. 2010 -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 401.15.C.8 (BUILDING TYPE AND
CONSTRUCTION) OF THE OAK PARK HEIGHTS ZONING ORDINANCE TO MAKE
THE DESIGN GUIDELINES COMPATIBLE WITH THE ZONING ORDINANCE
AND TO INCLUDE NEW DESIGN STANDARDS FOR SINGLE AND MULTIPLE
FAMILY CONSTRUCTION
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA
ORDAINS:
SECTION 1. Section 401.15.C.8, Building Type and Construction of the Zoning
Ordinance is hereby amended to read as follows:
8. Building Type and Construction.
a. General Provisions for Residential and Commercial Zoning Districts:
1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with
surrounding properties. Compatibility means that the exterior
appearance of the building, including design, architectural style,
quality of exterior building materials, and roof type and pitch are
complementary with surrounding properties.
2) Maintenance. All buildings in the City shall be maintained so as not
to adversely impact the community's public health, safety, and
general welfare or violate the provisions of the Nuisance or
Hazardous Building provisions of the Oak Park Heights Code of
Ordinances.
3) Metal Building Finishes. No unfinished steel or unfinished
aluminum buildings shall be permitted in any zoning district. High
quality, non - corrosive steel, aluminum, or other finished metal shall
be allowed for walls or roofs.
4) Prohibited Materials and Structures.
a) Pole buildings and Quonset structures.
b) Wood or metal poles as a principal structural support where
such supports are not affixed to a floor slab but inserted
I Page 23 of 96
directly into the ground to achieve alignment and bearing
capacity.
5) Accessory Buildings. All accessory buildings to residential dwelling
units and non - residential uses shall be constructed with a design
and materials consistent with the general character of the principal
structure on the lot as specified in Section 401.15.D of this
Ordinance.
b. Exterior Building Finishes — Residential: The primary exterior building
facade finishes for residential uses shall consist of materials comparable
in grade to the following
1 ) Brick.
2) Stone (natural or artificial).
3) Integral colored split face (rock face) concrete block.
4) Wood, natural or composite, provided the surfaces are finished for
exterior use or wood of proven exterior durability is used, such as
cedar, redwood or cypress.
5) Stucco (natural or artificial).
6) High quality and ecologically sustainable grades of vinyl, steel and
aluminum. Vinyl shall be a solid colored plastic siding material.
7) Fiber cement board.
8) Exterior insulation and finish systems.
9) Energy generation panels and devices affixed to a roof or wall. If
not in use, the panels or devices should be removed and building
surface restored to the original condition.
C. Exterior Building Finishes — Commercial: The exterior architectural
elements and finishes for all buildings in the business zoning districts shall
be subject to Section 401.16 of this Ordinance known as the Design
Guidelines.
d. Single Family and Multiple Family Containing Up to Five (5) Units to
Include All New Construction and Remodeling:
1) Entrances. Primary entrances on principal structures shall face the
primary abutting public or private street or be linked to that street by
a clearly defined and visible walkway or courtyard. Additional
secondary entrances may be oriented to a secondary street or
parking area. Primary entries shall be clearly visible and
identifiable from the street, and delineated with elements such as
roof overhangs, recessed entries, landscaping, or similar design
features.
2) New Construction and Remodeling. New construction and
remodeling shall relate to the design of surrounding buildings,
where these are present. Design features such as similar
setbacks, scale, facade divisions, roof lines, rhythm and proportions
Page 24 of 96
of openings, building materials and colors are possible design
techniques, while allowing desirable architecture innovation,
variation, and visual interest. All sides of buildings shall use similar
quality building materials and other architectural treatments as
principal facades.
e. Single Family and Multiple Family Containing Up to Five (5) Units to
Include Only New Construction:
1) Window and Door Openings. For principal residential buildings,
above grade window and door openings shall comprise at least
fifteen (15) percent of the total area of exterior walls (excluding the
area of garage doors) facing a public /private street or sidewalk. In
addition, for new principal residential buildings, above grade
window and door openings shall comprise at least ten (1 Q) percent
of the total area of all exterior walls.
2) Garage Doors /Street Facing Building Facade. Public or private
street facing garage doors shall be allowed to project no more than
four (4) feet from the front or side facades of the ground floor living
area portion of the dwelling or a covered porch (measuring at least
eight (8) feet by eight (8) feet).
3) Garage Doors /Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ( "side
or rear loaded ") provided that the side of the garage facing the front
public or private street has windows and other architectural details
that mimic the features of the living portion of the dwelling.
4) Garage Doors /Building Frontage. Garage doors shall not comprise
more than fifty -five (55) percent of the ground floor public or private
street facing linear building frontage. Alleys and corner lots are
exempt from this standard.
5) Garage Door Height. Except in the rear yard, garage doors facing
a public or private street shall be no more than nine (9) feet in
height.
f. Multiple Family Containing Six (6) Units or More For New Construction:
1) Mass and Scale
a) Each multiple family building containing six (6) or more
dwelling units shall feature a variety of massing proportions,
wall plane proportions, roof proportions and other
characteristics similar in scale to those of single family
detached dwelling units, so that such larger buildings can be
aesthetically integrated into a lower density neighborhood.
3 Page 25 of 96
The following specific standards shall also apply to such
multiple family dwellings:
(1) Roofs. Each multiple family building will feature a
combination of primary and secondary roofs. Primary
roofs will be articulated by at least one (1) of the
following elements:
(a) Changes in plane and elevation.
(b) Dormers, gables or clerestories.
(c) Transitions to secondary roofs over entrances,
garages, porches, bay windows.
(2) Facades and Walls. Each multiple family dwelling
shall be articulated with projections, recesses,
covered doorways, balconies, covered box or bay
windows or other similar features, dividing large
facades and walls into human scaled proportions
similar to the adjacent single family dwellings, and
shall not have repetitive, monotonous,
undifferentiated wall planes.
b) Each multiple family building shall feature walls that are
articulated by at least two (2) of the following elements within
every thirty (30) foot length of the facade:
(1) Recesses, projections or significant offsets in the wall
plane of at least four (4) feet.
(2) Distinct individualized entrances with functional
porches or patios.
(3) Chimneys made of masonry, or other contrasting
material that projects from the wall plan.
(4) Balconies.
(5) Covered bay or box windows.
c) Variation Among Repeated Buildings. For any development
containing at least twenty -four (24) and not more than forty -
eight (48) dwelling units, there will be at least two (2)
distinctly different building designs. For any such
development containing more than forty -eight (48) dwelling
units, there will be at least three (3) distinctly different
building designs. For all developments, there will be no
4 Page 26 of 96
more than two (2) similar buildings placed next to each other
along a street or major walkway spine.
d) Distinctly different building designs shall provide significant
variation in footprint size and shape, architectural elevations
and entrance features, within a coordinated overall theme of
roof forms, massing proportions and other characteristics.
To meet this standard, such variation shall not consist solely
of different combinations of the same building features.
2) Multiple Family Detached Garages:
a) Garages. No public or private street facing facade shall
contain more than two (2) garage bays.
b) Perimeter Garages.
(1) Length. Any garage located with its rear wall along
the perimeter of the property and within sixty -five (65)
feet of a public right -of -way or the property line of the
development site will not exceed fifty -five (55) feet in
length. A minimum of eight (8) feet of landscaping
must be provided between any two (2) such perimeter
garages.
(2) Articulation. No rear garage wall that faces a public
or private street or adjacent development shall
exceed thirty (30) feet in length without including at
least one (1) of the following in at least two (2)
locations:
(a) Change in wall plane of at least two (2) feet;
(b) Change in material or siding pattern;
(c) Change in roof plane;
(d) Windows;
(e) Doorways;
(f) An equivalent vertical element that subdivides
the wall into proportions related to human scale
and/or the internal diversions within the
building.
5 Page 27 of 96
C) All Garages.
(1) Access Doors. Access doorways will be provided as
reasonably necessary to allow direct access to living
units without requiring people to walk around the
garage to access their living units.
(2) Articulation. At a minimum, a vertical trim detail that
subdivides the overall siding pattern will be provided
at intervals not to exceed two (2) internal parking
stalls (approximately twenty (20) to twenty -four (24)
feet).
g. Deferment of Requirements: The City may grant a deferment to the
requirements of Section 401.15.C.8 of this Ordinance when a building or
building addition will be constructed in more than one (1) phase. Any such
deferment shall be processed as a conditional use permit pursuant to
Section 401.03 of this Ordinance and shall be subject to the following:
1) The deferment shall be until the completion of construction or five
(5) years, whichever is less.
2) Property owner shall provide the City with an irrevocable letter of
credit for an amount one and one -half (1.5) the City Building
Official's estimated cost of the required exterior wall treatment. The
bank and letter of credit shall be subject to the approval of the City
Attorney. The letter of credit shall assure compliance with this
section of this Ordinance.
h. Exceptions to Requirements: Exception to the provisions of Section
401.15.C.8 of this Ordinance may be granted as a conditional use permit
pursuant to Section 401.03 of this Ordinance provided that:
1) The proposed building maintains the quality and value intended by
the Ordinance.
2) The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic
area.
3) The provisions of Section 401.03.A.8 of this Ordinance are
considered and determined to be satisfied.
6
Page 28 of 96
SECTION 2. This Ordinance shall be effective immediately upon its passage and
publication.
PASSED this 25 day of May 2010 by the City Council of the City of Oak Park Heights,
Minnesota.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
ATTEST:
Eric Johnson, City Administrator
7
Page 29 of 96
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF TACT" AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
AMENDMENTS TO SECTION 401.15.0.8 OF THE
ZONING ORDINANCE
BE APPROVED WIT11 CONDITIONS
WHEREAS, the Planning Commission of the City of Oak Park Ileights has
proposed changes to Section 401.15.('.8 of the Zoning Ordinance to make the Design Guidelines
and Zoning Ordinance compatible; and proposed new design standards for single and multiple
family construction in Section 401.15.0.8 of the Zoning Ordinance; and after having conducted a
public hearing relative; thereto, the Ilanning Commission of Oak Park Heights makes the
following findings of fact:
I . "]'he Design Guidelines for the C'ity of Oak Park fleights were last updated
by the Planning Commission and approved by the City Council on 1'ebruary 23, 2010; and
2. The Planning Commission, in updating the Design Guidelines, has
recognized a need to slake the Design Guidelines compatible with the building type and
construction standards found in Section 401.15.0.8 of the Zoning Ordinance; and
3. The Planning Commission has also recognized a need to develop new
standards for single and multiple family construction that had not been previously included in the
Zoning Ordinance; and
4. 'flee Planning Commission discussed the Design Guidelines and Zoning
Ordinance amends -tints at their August 13, 2009 and February 11, 2010 workshops with the City
Council; at their September 10, 2009 meeting; and at public hearings on October 8, 2009,
November 12, 2009, and December 10, 2009; and
5. The Planning Commission held a final public hearing at their February 11,
2010 meeting, took comments from the applicants and public, closed the public hearing, and
recommended the Design Guidelines and Zoning Ordinance amendments; and
G. The City Council adopted the Design Guidelines and the 'Zoning
Ordinance amendments at their February 23, 2010 meeting but at their March 9, 2010 meeting,
recommended that the Planning Commission review the Zoning Ordinance amendments again as
it relates to application of the residential design standards; and
7. The Planning Commission, at their April 15, 2010 and May 13, 2010
meetings, considered the Zoning Ordinance amendments and made the following
recommendation:
Page 30 of 96
NOW, THE+ REFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The Planning Commission of the City of Oak Park Heights has proposed changes to
Section 401.1 5.C.8 of the Zoning Ordinance to make the Design Guidelines and Zoning
Ordinance compatible; and proposed new design standards for single and multiple family
constriction in Section 401.15.C.8 of the 'Zoning Ordinance.
Be and the sank as hereby recommended to the City Council of the City of Oak Park I- ]eights for
approval.
Recommended by the Planning Commission of the City of Oak Park I leights this 13` day
oI`May 2010.
- _— - - .__.. ------------------------- . .................................
Warren Wasescha. Chair
ATTl ST:
--- .............. – -- ...- ......... -- -- ..... - - - ......_...........
brie A. lohnsoai, City Administrator
2
Page 31 of 96
This Page Is Left Intentionally Blank.
Page 32 of 96
Oak Park Heights
Request for Council Action
Meeting Date Mav 2Sta', 2010
`rime Required: ' Minutes
Agenda Iten °Title: EECBG Grant — Approve Contract and SuEporting Resolution
Agenda Placement Old Business'
Originating Departmen /�kegde , off:: laic Johnson, City Administrator°
Requester's Signature .._...
Action Requested
Background /,histifk€ 14on (Please indicat e if any previous action has been taken or if
other public bodies have advised):
In January 2010, the City applied for I'mding for various energy efficiency improvement projects
though the Energy I:.fficiency and Conservation Block Grant Prograrn and committed up to
$10,000 in local grant matching funds.
The MN Office of Energy `security has awarded the City a total $83,805.00. "l he awarded Rinds
will cover the following items, (subject to some adjustments and final grant arnounts):
PROGRAM FUNDING - 'Total Project Cost: $53,620
Grant Award: $45,965
City Match: $ 7,655
UST Of FUNDING: (sec Exhibit A in Program Contract)
Review / revise Municipal Plata & Ordinances
Perform Energy Audits of City Facilities
Create /Manage Plan and Inventory of GHG Emissions
Fold Energy Fair - 1,000 C. F, Light -bulb Giveaway
PROJECT FUNDING - 'Total Project Cost: $37,940
Grant Award: $37,840
City Match: $ 0
USE OF FUNDING: (see Exhibit A in Project Contract)
Light demonstration: $34,700 Brekke LED /Solar Lighting
City Hall Appliances: $3,140
City Match: $0
SEE NEXT PAGE.
Page 33 of 96
Requested Actions At this Time, (all documents enclosed):
I . Approve Resolution - A RESOLUTION AUTHORIZING THE CITY OF OAK PARK
HEIGH"I TO REVIEW AND MODIFY CI'T'Y ORDINANCES AND' HE MUNICIPAL, PLAN
TO INCL.,UDE LANGUAGE THAT REFLECT S ENERGY EFFICIENCY AND RENEWABLE
ENERGY AS SUGGES'I'I D AS PART OF `I FNI RGY EFFICIENCY AND
CONSERVATION I J..,OCK GRANT PROGRAM
2. Approve both PROGRAM AND PRRO.II;C:'1' (')rant Contracts, subject to final approval
by the City Attorney and City Administrator.
Page 34 of 96
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY OF OAK PARK HEIGIITS
TO REVIEW AND MODIFY CITY ORDINANCES AND THE MUNICIPAL. PLAN TO INCLUDE
LANGUAGE TI IAT REFLECTS ENERGY EFFICIENCY AND RENEWABLE ENERGY AS SUGGESTED
AS PART OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
WHEREAS, the City of Oak Park I leights recognizes the ongoing role that enemy use and costs will have on a
community's long; -term viability; and,
WHEREAS, the City of Oak Park Heights strives to ensure that its municipal facilities are energy
efficient; and,
WHEREAS, the City of Oak Park Heights hopes to serve as a rrrodel in increasing citizen awareness of
their energy habits and their impact costs and the environment; and,
WFIEREAS, the City of Oak Park Heights desires to participate in the [ FTficiency and Conservation
Block Grant (1 I: C1.3G) progran) to irnprove energy efficiency ill the City, arid,
WI II RI?AS, "The City of Oak Park I leights proposed to review and modify City ordinances to include energy
efficiency and renewable energy language; and,
WC IEREAS, the City of Oak Park Heights proposed to review and modify the nrrrnicipal plan to include energy
efficiency and renewable energy language.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oak Park 1- leights does hereby
authorize the City to initiate a review of its city ordinances and the rrrunicipal plan to include language regarding;
energy efficiency and renewable energy.
y.
113E IT FURTHER RESOLVED that any language niodif rcation will be subject to the final review of the
Planning Commission and final approval by the City Council and that all iterns and efforts outlined in this
Resolution are contingent upon the execution of a final Grant Agrc errrcnt between the State of Minnesota and
the City of Oak Park Heights
Passed by the City Council of'the City of Oak Park Heights this 25th day of'May, 2010.
By
Mayor
ATTEST:
City Administrator
Page 35 of 96
STATE OF MINNESOTA r ir
GRANT CONTRACT 0 "D
This grant contract is between the State of Minnesota, acting through its commissioller of Commerce ( "State ") and City of
Oak Park Heights, 14168 Oak Park Boulevard North, P.O. Box 2007, Oak Park Heights, MN 55082 -2007 ( "Grantee ").
Recitals
1. Under Minnesota Statute §2160.02 Subdivision 1, the State is empowered to enter into this grant.
2. The State is in need of assistance in the promotion of renewable energy resources.
3. The Grantee represents that it is duly qualified and agrees to perform all services.,described is this grant contract lo
the satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1. G.IMive rlrrte: 0813112010, or the date the State Obtains all req[i rl d sigiiatures under Minnesota Statutes Section
160.05, subdivisio 2, whichever is later.
The Grantee must not begilr worli under this grant coiitiact until this contract is fully executed and the
Grantee has been notified by the State's Alltllorize(1 ReP -esellt�itive to begin the work.
1.2 Txph -ation rlrrte: 07/30/2012, or Until all obligations have liecii °satisfactorily fillfille(f, whichever oce(lrs first.
1.3 Srrn val of'7 The following clauses survive tine expiratint? a�..caiiccllation of this grant contract: 8.
Liability; 9. Stale Audits, 10. Government Data Practices and Intel)044al Property; 12. Publicity and
Indorsement, 13. Governing Law. Jurisdiction, and Venue. and 15. Data - Disclosure,
2 GA'antee's Duties
"Ilhe Gralnice, who is not a state employee, will execute the duties set forth in I;xhil it A, incorporated herein by
reference.
3 Time
1"he Grantee must comply frith all the t>l ze requirements described in this grant contract. In the perl ormance of this
grant contract, tinne is of.t:l e
4 Consideration and 1'aynlerit '
4. 1. C( nshlei Lion. 'H fir, [.pay for all services performed by the Grantee utnder this grant contr as follows:
4, 1. 1. Cri ;>sa60U 1. T Gr ' e will be palcl he lesser of For hive Thousand Nine Hundred Sixty Five
d lars ($45065..00) or Lich. Foul- and live Thousand, Seven I4nndred Seventy Five Tell-
ousaandths ore nt (84 5'1� }. of actual eligible costs incurred in Ilie performance of the Grantee's
duty�ill� r sieakctor�h of costs contained in the grant budget (Exhibit 13) which is attached
to and incorporated iito this 06 n contract.
4. Travel Lypense.v. IZGi)nbl.11 Sement for travel and SUbsistence expenses aCtUally alnd necessarily incurred
by flie Grantee as €► result Of this grant contract will not exceed Six Hundred dollars (S 600.00) or One
1111d Liglii Iinn(ir'c(1 Ninety Eight Ten - Thousandths percent (1.0898'%); provided that the Grantee
will be reimbursed for travel and subsistence expellses in the same manner and in no greater amount
than provido t the current "Commissioner's Plan" promulgated by the commissioner of Employee
Relations. Tho Grantee will not be reimbursed for travel and subsistence expenses incurred outside
Minnesota unless it has received the State's prior written approval for out ofstate travel. Minnesota will
be considered the home state tot' determining whether travel is out of state.
4.13. 7 "otal Obligation. 'Hie total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed Forty Six Thousand five Hundred Sixty Five
dollars ($46,565.00).
4.2. Marching; Requirements. 1'hc Grantee certifies that the following matching regUiremellt for the grant contract
will be met by Grantee: No less than Fifteen and Pour Thousand, Two Hundr'e(1 Twenty five Tell -
'Tllousalmltlls percent (15.42250'%,) of the total actual, eligible costs incurred in the performance of the
Grantee's duties specified ill Exhibit A.
G -City of Oak Pai* I [eights - Commerce i
Grant (Rev. 11108)
Page 36 of 96
4.3. Ptgntent
4.3.1. Invviee.v. The State will promptly pay the Grantee after the Grantee presents an itemized invoice: for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the schedule as outlined in Exhibit A.
4.3.2. Federal fitnth. Payments tinder this grant contract will be made from federal funds obtained by the State
tlu•ough Title 111, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et sect. and
amendments thereto; CFDA No. 81 -128. Payments under this grant contract also include funding from
the American Recovery and Reinvestment Act of 2009 (ARRA). The.Urarttee is responsible for
compliance with all federal requirements imposed on these funds and;;accepts' full financial responsibility
for any requirements imposed by the Grantee's failure to conlply.wiill. requirements.
5 Co nditions o Paym
All services provided by the Grantee udder this grant contract must be to t1ie:State's satis #action, as
determined at the sole discretion of the State's Authorized Representative and in accordanee;:vwith all applicable
federal, state, and local laws, ordinances, rules, Wld r'egUlaliOJIS, Tile Grantee will not receive paypictit for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local 4INN'.
6 Authorized Representative
The State's Authorized Representative is Abby Finis, 1?nergy Pro96 ns Sj�ccial €st, 651- 296 -6205, o € their successor,
and has the responsibility to monitor the Grantee's performance and tlj @-authority to accept the services provided
under this grant contract. If the services are satisGtctory, the State's Autliolrzed Representative will certify acceptance
on each invoice submitted 1 payment.
The Grantee's Authorized Representative is Eric .fo,11I1S(lll, 01 ty4cjnunistrator, 451- 439 -4439, or his successor. 11'
the Grantee's AU1IlOI'jZCd RC;pr'esCrltadVe ChangeS at aiIy tinge dtirim -Y this oranLctmtract, the Grantee must
immediately notify the State.
7 Assignment, A mend Ill eii $, waiver, :al Errant Colltra� .t Complete
7.1 .'I,5sigmiment. The:_Gt'antcc may doer' assign nor tratl$Ier any ri ghts of obligations Undel' this errant C01111'ad
without the prier co of the State and a i'ully executed Assignment Agreement, executed and approved by
the same parties who executed Culd.apploVed this grant contract, or their successors in office.
7.2 Ames dme- tats.. Any amcnd3li,omt to t It$ gr.ant.CO"11'act °111ust be in writing and will not be eft'ective until it has
been, e ectrted aiid, by,_the same parties Nvlio executed and approved the original grant Contract or their
SUCCCSSOr'S
in C }ffiCe
7.3 Waiver. If the State NN to. enforce aily of'this grant contract, that failure does not waive the
1 ?rovision or its right to of t'orcc it.
7.4 Grr Coml)lefe 'T'his grant contract contains all negotiations and agreements between the State: and
the Gig jjitee. No other undet'standing regarding this grant contract, whether written or oral, may be used to bind
either Harty;:, .
8 Liability
The Grantee mast indenig.ify, save, and hold the State, its agents, and employees harmless from any claims or causes
of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar arty legal remedies the
Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. 5160.05, subd. 5 , the Grantee's books, records, CIOCI Merits, and accounting procedures and
practices, relevant to this grant contract are subJect to examination by the State and/or the State ALIC1401' or' I,eglSlatrve
Auditor, as appr'opr'iate, for a minimum of six year's from the end of this grant contract.
G -City of Oak Park heights - Commerce 2
6rant (Rev. € Iros)
Page 37 of 96
Ill Government Data P>i'actices and Intellectual Property
10.1. Gover• tme llt Data Pr actices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State tender this gra contract, and as
it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under
this grant contract. Tile civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this
clause by either the Grantee: or the State.
If the Grantee receives a request to release the data referred to in this Clause, tho Grantee €bust illlnlediately
notify the State. The State will give the Grantee illstructiolls concerning thge r lease of the data to the
regLlesting party before the data is released.
10.2. Intellectual Propedy Rights. GRANT! E represents and warrants that iaterials plroduced oe used under this
grant contract do not and will not infringe Ltl)On any €ntellectual.pt•op6rly rights oi'.aiiother, including but not
limited to patents, copyrights, trade secrets, trade names, ana.serviee niarks and na€i'es.. G. RANT E-I -; shall
indemnify and defend the STATE:, at GRANTET's expo €lse from any action or claim bropgllt against the
STATE to the extent that it is based on a claim that all f. part of the materials infringe 1,11)01 11e intellectual
property rights of Another. GRANTI-14' shall be responsible , for payinenii,.of any € nd all such elaims., demands,
obligations, liabilities, Costs, and da mages II1Cluding, belt 66 11111 €tell to.:reasoltable attorneys' fees arlSnhg OL11 of
this tgri €ill Contract. amendments and supplements thereto, wlhiel i,.al;e:atl7•ibutablc to SL€Ch Clanlls Or aCtiOI1S.
11'such a claim or action arises, or in GRAN;TI E.'s or the STA` E "s opinion is likely to arise, GRAN'TE;L. shill,
at the S'TATI. discretion, either procuic, fol:tlte:S;FATF' the right of license to continue using the nl€iiel tats at
issue or replace Or modify the allegedly infili R g ing tllatcrials. This rellico sliall be in addition to and shall not
be exclusive to other remedies provided by IM.y.
I1 'NWoli -leers' Compeasation
The Grantee certifies that it i.s iii'' compliance with Minn: ti 176.1 81,.subd. 2, pertaining to workers'
compensation insurance, coverage, The Grantee's c €nployces and agents will not be considered State employees. Any
claims that may arise Lih'M1 Minne'scita Workers' Coltllie>lsation Act on behalf of these employees and any claims
made by lily third party a5 a.- Collsc(jucnge of ally act or o1mSS1ol1 olt the part of these employees are €n no way the
State's obligation or responsil ilily.
12 Publicity and 11�ncloirsenent
12.1. Publicity. Aily pi €bliclty regardilig the subject matter of this grant contract must identify the State as the
,sponsoring agency and`plu - not be . Jo aseo without prior Nvritten approval from (lie State's Authorized
I< gpl For ptirpdssCS of this provision, publicity includes notices, informational pamphlets, press
releases research, reports;. signs, and siitlilar public notices prepared by or for the Grantee individually or
jointly,w th others, or any subcontractors, with respect to file program, publications, or services provided
rest €]fin,fi`oltl this grant coliti'act.
12.2. Emlor^.s•elneftt `;The Grantee must Ilot claim that the State endorses its products or services.
13 Goveming Law, JuHs dietion, and Ventre
Minnesota law, without regard to its choice- provisions, govel• this grant contract. Venue for all legal
proceedings out of this giant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction ill Ramsey County, Mi €lnesota.
G -City of Oak Park Heights - Comillerce 3
Grant (Rev. 1 1108)
Page 38 of 96
14 'Termination
1 4. 1 Termination by the .STATE. The STATE' A 1, may cancel this grant contract at ally tlllie, with Ol' w€tl)011t UILlse,
upon 30 days writte notice to the GRANTED. Upon termination, the GRANTEE will be entitled to payment,
determined on a pro rata basis, for services satisfactorily perforllied.
14.2 T e 1 •n l rnrltio n for Cause T he ST AT E may cancel this Gra nt Contract immediately if the STATE f ids that there
has been a tallure to comply with the provisions of this Grant Contract, that reasonable progress has not been
]Wade or that the purposes for which the funds were granted have not been or will not be fulfilled. The STAT
may take Action to protect the interests of the State of Minnesota, including the refusal to disburse additional
fL €nds and requiring the return of all or part of file funds already disbursed...,;`
14.3 TL'i'i111f1(1t1071 fill'IllSllfflcient 1 l✓ The State may llllllled mfii
[ately teraic this Grallt Contract if: 1) funding
for Grant No. DE- EE0000757 is withdrawn by the US Department of nlef y; 2) it does not obtain funding
]tom the Minnesota l.egislatL€re, or other funding source; or 3) if funding callitUbe contillUed at a level
sufficient to allow for the payment of the services covered he €e '3 erriiination mustbe; y written or fax notice to
the Grantee. "File State is not obligated to pay for any services tliatare piovidecf aftcl n�iice and effective date of
termination. However, the Grantee will be entitled to payuieiit, determined oil a pro ratil:3aasis for services
satisfactorily performed to the extent that funds are available. The State will not be assessed a�tly pellalty if the
(trant Contract is terminated beemise of t ft
he decision o l)6`I1llnl1e5ota LCgl5latL]t'e, OC C3tllel' fu lld3fig SOLII'Ce, llol
to appropriate funds. The State must provide the Grantee notice oftlie. idols of funding Nvithin a reasonable time
of the State's receiving that notice.
15 Data Disclosure
Under Minn. Stat. 270C.65, SUM. 3, and other ap licable law, the Grantee to disclosure of its social
security number, federal employer tar identification mhmbcr;:<and /or number, already
Provided to the State, to federal and state tax agencies and state' personnel involved in the payment of 'state
obligations. These identification mullbers may be used in the . it and state tax laws which could
result in action requiring the Grantee to file state tax retul'ns`ai d pay delinquei)1 state tax liabilities, ifany.
16 Davis - Bassin Act 2ecluiMIMI)
Section 1606 of A RItA ::t quil'es that alFlaborers and mechanics employed by contractors anti subcontractors on
construction, alteration or repall projeefs fi€llded directly by.nr assisted i ll whole or in parr by ARRA Funds shall be
paid wages at rates not less tl ati,.those t,evailillg On prgjects:bf a similar character ill the locality as deternlinecl by the
Secretary of I. abo.r it) accordan will; sill ciialater'1:V.+of chapter 31 of title 40, United States Code). Pu1•sL€ant to
Reorganizafiioai l'Ia€ N :.14 alld ihe:.C6peland Act, 40 "USC 3145, the United States Department of Labor has issued
regulatiplis 29 CFR farts 1 3, and 5 to tinplenient the Davis -Bacon and related Acts. Wage determinations can be
foul& it: www.wdol..gc�y ai)d additionai iiifornjation on DBA Requirements can be found al: w \Nw_d 1.gc�_v/cs,ih�rlId,
This coiitraCt does not explicitly tir implicitly require that a scope of work proposed to satisfy the outcames of the
Grantee's . P m n6 ,ram must include activities of a nature and scope that require DBA compliance. I lowever, if proposed
work includes shelf. activities, the state will hold the Grantee responsible for all federal requirements involving DBA
wages and reportihl" is the responsibility of the Grantee to determine if DBA wages will apply to their program.
17 Waste Management P.1>ia
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's program. i_.oarl ۥecipiellts ]nest address waste generated by file project, if applicable, and
describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light
bulbs, lead paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a
result of tile project.
G - City of Oak Park Heights - Commerce 4
O ant (Rm 11/08)
Page 39 of 96
18 Compliance with National Historic Preservation Act
Prior to the expellditrn'e of federal fiends, if applicable, pr must be evaluated to determine if they are subject to
l inkier Section 146 of the National I- Iistoric Preservation Act (NI -IPA) of 1966 (36CFR Sob). Section 106
applies to projects that may affeet properties listed in or eligible for listing in the National Register of Historic Places.
Properties meeting the following criteria twill be subject to Section 106 review:
® Is at least 45 years old: and
® Listed in or eligible foe listing in the NIZI -I1 (either individually or as pant of a district).
® Any project invOlving ground distlu €lg activity (excavation, utility iiistallatioli, etc.).
It is the responsibility of the Grantee to provide information needed to complete the.S,ection 106 Mlklalion.
Intentional efforts to circumvent these requirements by altering or damaging a histoi'ic.property that is a candidate for
federal gratlt funding will be construed as "anticipatory demolition'' as,.(lefitied in section I 10k of the NI IPA its
follows:
Section 110 116 U.&C, 1701 -2(1c) Awicipcawry r.lemolitrmg. - L Federal agency shall ensure that the aoellcy
Will not grant a loan, loa€l gllal'atltce, permit, llceilse, or othei 8§i tallce to an'_appl€ca€]( Who, with €ntelit to avoid the
requiremeMs of section 106 of this Act, leas Intentionally s€gillflcatlily.,adverseiy affected a historic property to Which
the gl'allt W011ld relate, of having legal power to prevent it, allowed such.siglllficant adverse. effect to occur, ullles5 the
agency, after consultation with the Advisory Council on Historic Preservation], determines that circumstances justify
granting -(tell assistance despite the adverse effe.ot,,created or permitted 6y : applicant,
Initiating a grant funded project befiore reviews requned`(( get' Section 106 of tlicNT - IPA have been completed moy
cause significant (relays in the release of grant fl €nds; requi i'egotiated mitigation; of result in all OWl'i "I'll loss of
federal I'midiiig.
19 Disadvantaged Business l ? rliterprises
Projects funded in whole pr iii part " funds received by::the Grantee directly from this grant contract must, to the
extent practicable, enslure,.that bidding eont €'actors art', (}uallfied and participate in available apprutice and training
programs for all work perf6ri'lled. I3iddhig for contracts musf to.fhe extent practicable, use tine process established in
Minnesota Statutes, section 16L:16, subdivision 4, 5, 6 and 7; except that subdivision 12 does not apply.
G -City of Oak Park I lcigllis - Commerce 5
Gran€ (Rev. 11/08)
Page 40 of 96
20 Buy Americana
The Grantee confir€ns that, if applicable, it is in compliance with the I3uy American provision in the America
Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain
exceptions, no funds appropriates] or otherwise made available for a project may be used foe' the construction,
alteration maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured
goods used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the Buy Ameeicawrestrictions for lack of
quantity or duality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest,
must be submitted to the State prior to the execution of the grant agreement. Tlie' Grantee shall include
the information and applicable supporting data required by 2 CI�R 176.140(e) a€ &(d) in the request. Fxcel)tioras must
be approved by the State and file United States Depai of Energy.
Additional irlfornlation, including category exclusions and exceptions. 6n.I3uy America cat) bC found at:
wwN vl.eerc.craergy,gov /recovci buy anlerican 1x
21 Reporting
Section 1512 ofthe American Recovery and Reinvestment Act Of 20,09 (ARRA) states recipients of "Recovery Act
funds must cotllply with the extensive reportilag l•equirenlents." The GItAINI'T T must submit progress reports
detailing the progress and tasks completed of the grant agreement f'm ded in whole, or in part, with ARRA funding
inclu ding percent of project Completion to the S I'A I'I, by the 5th day of e kh'.plolltll I fl 'm - till preced €n moiltll'5 lvork.
If a GRAN"ITT does not comply with this require ment,the STATI: reserves tho.right to withhold filnding.
1. STATE ENCUMBRANCE VERI 3. MN DEPARTMENT OF COMMERCE
I1011 c erlifie.s 1ha! fialds helve Gee!? et ?ctii? ?hoed rrs ladividual ce7Wlies 1hrr1 funds have been vneumbered us
Required hi' Alinn. Sta1. >>§ 16A.15 ,tdd 100.05 required Iii Minn. Slat. ti 5. I6A.15 and €60.115.
Signed: BY:
Date: Title:
ChM S: Date:
2. CITY OF OAK PARK HEIGHT
TI)c Grt ee:rerlilics that the appropriate pesson(ti)1 }avc excctited the
grtnt conlraCE.ijn behalf of file Cir;uttce ati iectltil`ed by applicable
articles, hylaws, resolutions. or ordinances.
Distribution:
By: MN llcpi. oS C'onttttcr e. Accounting Dept.
GI'il11lCC
Title; Stale's Authorized Representative (copy)
Date:
I3y:
Title:
Datc:
G -City of Oak hark Heights - Commerce 6
Grant (Rev. 11/09)
Page 41 of 96
Exhibit A.
GRAN TEPS DUTIES
A. GRANTEE shall do all things uecessaiy to complete the following tasks:
Taste Completion (late
] . Hold a Community Energy Fair to raise the consciot €s €teas of the citizens of Oak Bark f eights ill 08/31/2010
regard to their e €tergy use by:
1.1 Allocating staff and hiring and intern to organize Energy lair vendors, and activities; and
1.2 Promoting Energy lair tilt'aughout Oak Park Heights to recruit attendees; and
1.3 Purchasing CFI,s to hand out to Energy Fair attendees.
1.4 Manage Energy Fair.
2 Review /17evise Municipal Plan ft'om a sttstainability perspective by: 10/01/2010
2.1 Hiring consultants to €'eviCW and identify opportunities to protilote energy efficiency,
tra €tsportatioil efficiency, and the reduction or conservation of other energy intensive
activities,
12 Presenting findings and recotllmendations to the Oak I' rk leibht's City Council.
2.3 Upon official approval, working to modify municipal plan as appropriate. k
3 10/01/2010
RcviewlRcvisc Municipal Ordinances to identify a ny provisions that are i €tconsistent wills broad
adoption of appropriate ene) y efficicticy and renewable energy developiftepl by:
3.1 1-Iiii€tg consultants to review and identify opportunities to include enc,€gy :efficiency and
retlewahle enc t'ry technology in the muttsc otdikhces.
3.2 Presentim) findings and recommendations to the Oak Park height's City Comicil.
3.3 Upou official approv working to modify ►ltutlicipal ordinances as appropriate.
- - -- _. :.. �_._ -.._ - - -- ......... .. .... -- .............. .
4 Perform crier g , audits of cis facilities and o perations by
10/01/2010
�� y . I
4.1 [Waiving a consuhatttlb audit tl e hew City I lap's co ilmissioni €tg, water utility laciIifies and
operations, and oll}er City {�sc€ltties at�d operations.
4.2 Identifyin pot ential actions to improve energy eflicie€ by and performance.
_ .... ... ._.._ 10/01/2010
5 ' Create /Manage plan and invei tory of910'ellbouse bas emissions by:
5.1 PdYfornlingagi•eenitouse 9a irl,Vetlto€'ytisttxk2008. base year, this includes
imp€ove6ieitts fl iitlzave occuirecl,s lice that tillle.
5.2 Using consultants to foxiat.ulate a grjlouse gas management plan consistent with the
T ulticipal master plan
- -- ............ - . - -- ........_..__
6. 06/3012 012
lnvo€c6 acid reporting:
6.1 Submit monthly project statut'.:t'eports atuf invoices to the State no later than 5 days after file;
end of cacti m. Q1ltll.
6.2 Submit a final } �oject report and invoice to the State upon conlplctiort of the Project. ,
13. PROMOTIONAL MtAT� RIALS
All promot and €nf6 materials distributed by or for the (Irantee shall Contain the following statement:
"T his project was made' possible by a grant from the U.S. Department of hiergy and the Minnesota Departn3ent of
Commerce through the American Recovery and Reinvestment Act of 2009 (AIM)," unless this requirement is
waived in writing; by the State.
G -City of Oak Park l leis - Conmiercc
6 un€ (Rev. ] I 108)
Page 42 of 96
Exhibit B
Grantee's Budget
Budget. Eligible costs include actual costs incurred for labot•, fringe, subcontracts, travel (subject to the guidelines of the
"Coll) m iss ionel" S P]an "), printing, materials, and supplies. Othcr expenses may be eligible only if pre- approved in
writing; by the State's Authorized Representative.
Category Grant Awar Match Totals
Labor $ 3,800 $8,491 $1,2,
Subcontracts $ 3 7 , 02 ( ) $0 $37, 020
_............_... - - ---------
_
Travel $600 $0 $600
prin $1,500 $0 $1 ,500
Suppli $3,645 _ - $ 0'' $3,64.5
Total
Project Cost: 4G,56S $ 8,491 `� 55,050
G -City of Oak Park 11cights - Cot m ei-ce 8
Grant (Retie. 11/08)
Page 43 of 96
Materials Management Division
1�C�t Comm issioner's Plan AM rr � f north 5tc�r l
About MMD lContact Usl AdM;zl Honig search North Styr
Offica
PrnfassionalfYachnieal Vendor Minnesota's
Homa ACtluiSitionS ConstruCtion Contracting Information Smpply 13ookstore MAPS
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Cont racting Commissioner' Plea
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Post RFP Notice
Cztltract F orms I !Expense I Allowable A inu unt
contract Manual I ll
Contract. Processing 1 I
&CFM5 Mileage I �0,50(effective 1/1 /2010)
Decision Y rea
Enterprise Mastar meals
contract Program
Foreign f}utsourCing
t3 reakfastl $7,00
MAPS InfArm,16co I Lunch 11 $9.00
Polici as
Pei" 0.1ta Form I Dinner [I sI5,00
PJr QUoSt it rls Hotel and niobvl accan?modati cns provid ed that ern pl oyee5 ex erci se goad
Answers Page 1 fidging jLldgrlent it') incurring lodging costs and that charges are reasonable and
State Agency consistent with die facilities assailable,
Contract
Conrdinator^s List Undated 1/15/20101
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Suspended / Da tsa rred
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Targeted G ror,p
Prefaronces
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Training - PJT
contracting
MM D P JT Staff
information found can this ivebsAe can be made available in alternative formats, such as
large print, Braille, or or tape, by calling 651.296,2600, Persons 4th a hearing or
spoech disability can contact us through the Minnesota Relay Service by dialing 711 cr
1.800,627.;529,
The State of I--•linnesota is an Equal Opportunity Employer,
92000 2010 State of Minnesota, Department of Administration
What's Now 15ita Mal >I Staff Directory I Sand Email
http: /lwvis'a.rnmd.ad min. state. mn.uskoamiissionez ,T lan.I 1125/2010 1 of 1
O - City oi'(5ak Park Heights - Commerce 9
G i (Rev. 1 1/08)
Page 44 of 96
G -City of Oak Park Heights - Commerce 10
Ohtani (Rev. 11/08)
Page 45 of 96
Exhibit C
Grantee's Davis -Bacon Act (DBA) Requirements
Davis -Bacon Act: 29 C)I R fail 5.5
'file "recipient" referred to throlrghout the Davis -Bacon contract conditions is the "G>i•antee ". This language must
be included in all Davis Bacon covered contracts and any and all subcontracts.
(a) Pile Agency head shall cause or require the contracting; officer to insert in full •i 3'auy contract in excess of
$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a
public building or public work, or building or work financed in whole or ill part ir'oMlt ' ecieral funds or in accordance with
guarantees of a federal agency or financed from funds obtained by pledge of any`contraef'of a Federal agency to make a
loan, grant or annual contribution (except where a different meaning is expressly indicated); atld which is subject to the
labor standards provisions of any of the acts listed in Sec. 5. 1, the following clauses (or any rt3oifications thereof to meet
the particular needs of the agency, Provided, That such modifications are fiisf approved by the Department of Labor):
(X) Minimum wages, (i) All laborers and mechanics employed or \N upon the site of the Nvo'rk_(or' under the United
States Housing Act of 1937 or tinder the I lousing Act of 1949 it) tl)e constructions or development of the. pf'ojeet), will be
paid unconditionally and not less often than once a weck, and w ithout ;subsegUetlf ClCduction or rebate oEfihy account
(except such payroll deductions as are permitted by regulations issued ''by:the Secretary of Labor undel'.the Copeland Act
(29 CFR prat 3)), the full amount of wakes and bona Fide fringe benefits (or:.cash equivalents thereof) due at time of
paylllellt computed at rates not less than those contained In the \vage deterrlllh4ion of the Secretary of Labor w hich is
attached hereto and made a part hereof, regardless of4 y I may be alleged to exist between
the contractor and such laborers and mechanics. Corii:xibtitiohs.madc or costs reaso ably tuaticipated for bona fide fringe
benefits under secs ion 1(b)(2) of the Davis- Bacon Act oil behalf of laborers or mechatics are considered wages paid to
such laborers or mechanics, subject to the provisions oPparagraplt (a }() .)(iy) of this section; also, regular contributions
made or costs incurred fior more than a weekly period (but not less ofteh thaa tl,Ctarlerly) under plans, Iuilds, or progra €lls
Which cover the particular WCekly.per:iod, are deemed to be cQr>structively made `or incurred during such weekly period.
Such laborers and mechanics shrill be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work adl.lally,perlormed, Without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or
mechanics performing wrork'.irlrm }re than otie classification may be compensated at the rate speciFied for each
classification for the time actually iN�orked therein: Provided, That`tbe employer's payroll records accurately set forth the
time spent ill each classification in which vaork.is performed. "T:he`w ge determination (including any additional
classification and wage rates con forme..iliuler paragi•apll 6)(1)(d) of this section) and the Davis-Bacon poster (WI
1321) shall be posted at all tidies by the eonti turd its subcontractors at the site of the work in a prominent and
accessible (hies where it can be easily seen by Ibe workers.
(ii)(A) The.eobtracting officer shall require that arts, class of laborers or mechanics, including helpers, which is not listed
in the wage Bete .urination and which is to be employed cinder the contract shall he classified in conformance with the
wage determination.:' he contracting'offlcer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) 'file work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized: in the area by the construction industry; and
(3)'Flie proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in lire wage determination.
(13) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator
of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC:
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
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(C) In the event the contractor, the laborers or mechanics to be employed ill the classification or their representatives, and
the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Administrator for determination. `Tile Administrator, or
an authorized representative, will issue a determinatio withi 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within (lie 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(I )(ii) (B) or (C) of
this section, shall be paid to all workers performing woi in the classification under this c i tract from the first day on
which work is performed ill the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laboiers or' mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the 156.d'it stated in the wage
determination or shall pay another bona fide fringe bCll flt or all hourly cash egiiivalent &wf.
(iv) If the contractor does not male payments (o a trustee or other thing .pel Soh, the contractor: may consider as Dart of
the wages of any laborer or mechanic the amount of ally costs reasonably anticipated in provklih; bona fide fringe
benef its under a plan or program, Provided, That the Sceretary of' l.,alioi• has found, upon the wr•i {ten` request Of" tile
contractor, that the applicable standards of the Davis -Bacon Act.h4ye been islet. The Seeretary of Laljgr 11lay rc;gLlire (Ile
contractor to set aside in a separate account assets for flee meeting of obligations utIder the plan or program
(2) Withholding. The (t\'r]tC ill name of federal Agency or the load of 91'aIlt r66picnt) shall upon its own action of upon
written request of an authorized representative ol'the Depart ment of Lab&Witbhold or cause to be withheld From the
contractor under this contract or any other federal copfract with the same prii e:i or arty other federally- assisted
contract subject to Davis -Bacon prevailing wage require ellts, which is held by the same prime contractor, so much of
the accrued payments of advances as may be considered necessary. to pay laborer's atld mechanics, including apprentices,
trainees, and Helper's, employed by the contractor or any Subeotltiatltor the full alllOnllt of'1va0 es regUired by the contract.
In the Cvenl Of flilurC to pay any laborer or mechanic, including any 'apprenflee f €,aiiiee, of helper, employed or working
0 €1 the site of'the work (or under the United States I IOUSi €1gAcl.of ] 937 oru,der `the Housing Act of 1949 in the
Constriction Or development ofthe pr'olect), all Or pall Of the wages regulred by the contract, the (Agency) slay, after
written nof ice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension ofally further pC.iyhient, advanee,,or guara ntee of fends until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating ther'cto shall be maintained by the contractor
during the course of tl>e work and pres&Ned for a °period of three years thereafter for all laborer's and mechanics working
at the site oftla (oi•,tiii.de €• the U €i%fied.States Housing Act of 1937, or a €icier the I Iousing Act of 1949, ill the
construction or developmelf of ihe pr0ject) SLlCh records shall contain the name, address, and social security nuillber of
each such worker, his or her corn'ect elassilicriiion,.11ourly rates of wages paid (including rates of contl•ibu(ionS or costs
anticipated for bona fide fringe benoRs or cash equivalents ther'cot'ofthe types described in section I(b)(2)(13) of the
Davis - Bacon' Act), daily and weekly. 1lilnlber of hours worked, deductions made and actual wages Paid. Whenever the
Secretary of l,abot' has fOLlnd under 29 CFR 5.5(a)(I )(]v) that the t riages of any laborer or mechanic include the amount of
any costs reasonably anlicipated ill providing benCf itS nlldel' a plan or program described 1n section I (b)(2)(B) of the
Davis-Bacon Act, tlle,cQiltractor shall maintain records which show that tile commitment to provide Sllcll bencflts is
enforceable, that the plan 'or pr'og1•am is financially responsible, and that the plait or prograln has beell Co111111L1n€Cated Ill
wr'itim to the laborer's of nleCllonics Affected, and records which shoe' the costs anticipated or the actual cost incurred In
providing such belief ils. Contractors employing apprentices or trainees under approved programs shall maintain wrilten
evidence of the registration of apprenticeship progra €lls and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable progl'anls.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the (write ill name of agency). The payrolls subrlllttCd Shall Set 011t aCCnrately and completely all of the
information regUired to be maintained nlldel' 29 CFR 5.5(a)(3)(i), except that fall Social SM11 - ity numbers and home
addresses shall not be inclu oil weekly tr'ansillittals. Instead the payrolls shall only need to include all individually
identifying €lumber for each employee (e.g., the last four digits of the e €rlployce'S social security nUmbe €•). The requil•Cd
G -City of Oak Park Ileigllts - ('olllnlcrce 12
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Page 47 of 96
weekly payroll information may be submitted in any fbn'nl desired. Optional For Wfl -317 is available f i purpose
from the Wage and I lour Division Web site of http: / /wrvrr. dot. gov /esahrhdlfornss /wh3�17instr.htm or its successor Site.
']'lie prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contracto a nd
subcontractors shall maintain the fl€ll social Secul'ity number and Current address of each covered worker, and shall
provide them U pon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but
if the agency is not such a party, the contractor w ill submit them to the appl icant, sponsor, of owner, as the case may be,
for transmission to the (write in name of agency) the contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage regU,irenients. It is not a violation of'
this section for a prime contractor to require a subcontractor to provide addresses and security numbers to the prime
contractor 666 its own records, without weekly Submissio n to the sponsoring governit)ept agency (o €' the applicant,
sponsor, or owner).
{B) Each payroll submitted shall be accompanied by a "Statement of Compliance," sib !O.d.by the contractor or
subcontractor or his or her agent wflso pays or supervises the payment of the persons employed:ullder the contract and
shall certify the following:
(1)That the payroll for the payroll period contains (tic information1eduired to be provided u€ kh,' Sec. 5.5 (a)(3)(ii) of
Regulations, 29 Cl-R part 5, the appropriate information is being Milintai€led under Sec. 5.5 (a)(3)(ij of Regulations, 29
CFR part 5, and that such inf ornlation is correct and complete,'
(2) That each laborer or mechanic (including Cach hclpc app €ciltice .'ttnd trail36e) employed oil the contract during file
payroll period has been paid the full meekly wages earned, without rebate, �itlier directly or indi € and that no
dCdUCt10115 have been made e ither directly or indirectly frolrl the f1111 wagCS:_'Lan?ed, other than permiss dedUCtionS as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid ribt less..iban the applicable \Nrage rates and fringe b(mef Its or cash
egU ivalel1ts for the classif ent€on of work perfornlc.(, is.speclfbd- the applicable wap determination Incorporated Into
the contract.
(C) The weekly submission ofa propel CNCCtlled certification sel=fortli oil reverse side of Optional Form W11-3117
Shall satisfy the rcglJirenlerl( FOr subMissiOl) of the " Statenle7st c) Con11)1€ar ci~ "''1'equi €ed by paragraph (a)(3)(ii)(B) ofthis
section.
(D) 'Tile falsification of any:Of the above& :. ortil1Catioils may subject the contractor or subcontractor to civil or crinlinal
prosecution under section 16 1 of title 18 an section 231 of title 31 of the Unitcd States Code.
(iii) The contractor or subcobtractor shalhilake the records rcgtl,il'ed LHICler paragraph (a)(3)(i) of this section available
1 inspection, copying, or transerij)tio.n by.ailtl>orized representatives of the (write the name of the agency) or the
Department of Labo €', and shall periiiit,suell €'ej)1'esetifaYivus to interview employees during working flours on the job. If
the contractor or sub&o #or flails to submit the required records or to make them available, the Federal agellcv may,
after wriften to the COl]traCtor, sponsor, applica or owner, take SUCI1 aCt€011 as may be necessary to cause the
SL€SI)CI1S1O1r of ally fL €f(her payllie .advance, OI'.gUa)'alltee Of fMICIS. l'nl•111C1'€MOrC, fallUl'C to Submit the regU€rCCI rCCORIS
Up011 request oi' to make Such record$ ava ilable ma be grounds for debarment action pLlrSuant to 29 CI' R 5.12.
(4) Appi entices an(I trainees - -(i) Apprentices, Apprentices will be permitted to work at less tha the predetermined rate
For the wort: they 00formed wire €1 ihey,are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, I:nsploy and Traini Administration, Office of
Appre€sticesllip'Il'ai)ling, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,
or if a person is employed iii bis:,or her first 90 days of probationary employment as an apprentice its such an
apprenticeship progra who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprC iltices to jour1lCvnlen oil the job site in
any craft classificatio shall not be greater than the ratio pe to the contractor as to the cllti €'C work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stilted above, shall be paid not less than the applicable wage rate oil the wage determination for the
classification of'work actually performed. In addition, any apprentice performing work on tltc job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate o il the wage
determination for the work actually performed. Where a contractor is performing construction on a project in a locality
other (han that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
G -City of Oak Park Heights - Commerce 13
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hourly rate) specified ill the contractor's or subcontractor's registered program shall be observed. I very apprentice must be
paid at not less than the rate specified its the registered program f - or the apprentice's level of progress. expressed as a
percentage Of tile journeymen ]sourly rate specified in the applicable wage determination. Apprentices shall be Maid fringe
betleflts in accordance with the provisions ofthe apprenticeship program.
If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines that a different practice
Prevails for the applicable app rentice classification, fringes shall be paid in accordance with that determin Ill the
event the Office of'Apprenticeship "Draining, Employer and I.,abor Services, or a State A,p ':i nticeship Agency recognized
[))(tile Office, withdraws approval of an apprenticeship progra m . the contractor will €10 'longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed uptil an acceptable program is
approved.
(ii) Trainees. l::xcept as provided in 29 CFR 5.16, trai nees will not be permitted to worj .A.t less than the predetermined
rate for the work performed unless they are employed pursua to and individtially registered ip prograin which has
receivecl prior approval, evidenced by formal certification by the t` 1.S..0.6paRment of Labor, Einlil yment and Training
Administration, T Patio of trainees to jourtieymen oil the,job site shall not be greater than Pel'lllltted L111dCr' the plan
approved by the 1: mployment and Training Administration. Every if lllllst be pa at not 1CSs t6h.j - he rate specified
in the approved program for the fiat €]tie's level of progress, eAplessed;;as a percciitage of the journeynlali l otiHy rate
specified in the applicable wage determination. Trainees shall be paid'fii bel iits ill accol'dailcc wi ilie provisions of
the trainee program. if the trainee Program sloes not mention fl'inge bcllQjts; t shall be paid the full amount of
fringe benefits listed oil the wage determinafio €l unless the Administrator o#'Jlie Wage and ]-tofu• Division determines that
there Is all apprenticeship program associated 11' 1tIvt1je cor•t•csporldiii loll€'ticyiiiaii Wage yule oil the Wage determination
Which Provides 161 less that] full fringe benefits for app'elilices. Any employee listed on the payroll at a trainee rate who
is isnt registered and participating in a training plan appioved"l y tlie Lmploymcilt a6d- training Administration shall be
paid not less than the applicable wage rate on the wage deterniiliatioii ;.foa' the classification of work actually performed. Ill
addition, any trainee peril) €lning work on the job site in excess of t}le rate j�el'3llittetl under the registered program shall he
paid not less than the applicable wage mate oil tale wage deierrntllatiorl for tile` °work actually performed. Ill the event the
1- Imploymeni and Tra €ning Adllllrliki apploVal'of a training program, the contracto will no longer be
perm €fled to Lltih 1raillUS dl fi 5S thall the pphcable predeterlllined rate for the work performed unfll all acceptable
program is approved,
(ill) 1`qual employment opportunity. 1'ie Uttl € %afloll of apprelltlees� traiiees alld journeymen under this pa rt shall be ill
C011for'rlllty ]Willi the equal employmel t oppprtun yequirements`of F 'Accutive Order 1 12/1 - 6, as amended, and 29 CFR
part 30.
(5) Compliance with Copel.ud:Act r•equii•ejatents. The contractor shall comply With the- requiremenis of 29 CFR part 3,
which are mcorporaled by reference in this contract,
(6) Subcontracts, The contractor oi- sit beontractor shall insert ill any subcontracts the clauses contained in 29 CFR
5.5(a)(1) throukli (1 Q) and such othC Clauses as the (write ill the name of the Federal agency) may by appropriate
instructions require, and also a clause €equiring the subeontraetol's to include these clauses in any lower tier subcontracts.
The prime contractor ill all be responsible for the compliance by any subcontractor of lower tier subcontractor with all the
contract clauses in 29 Cf.k. 5.5.
(7) Contract ter urination: d bannent. A breach of the contract clauses ill 29 CFR 5,5 may be grounds for termination
of the contract, and for debai•nient as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act recluh-ements. All rulings all(] interpretations of the Davis -Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor- standards. Disputes arising ou of the labor standards provisions of this contract shall not
be SUbJect to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CIjR parts 5. 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcon(ractors) and the contracting agency, the U.S. Department of
G -City of Oak Park € leigllts - Commerce 14
Gr nl (Rcv. 11/08)
Page 49 of 96
Labor, or the employees or their representatives.
(10) Certification o eligibility. (1) By entering into this cont ract, the contractor certifies that neither it (nor he of she) nor
any person or firm who has an interest ill the contractors firm is a person or firm Ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be
subcontracted to any person or I irm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -
Bacon Act or 29 CI-R 5.12(a)(1). (iii) The penalty for making false statements is prescribed i ll the U.S. Criminal Code, 18
U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. The Agency ]-lead shall cause;br require the contracting
officer to insert the following clauses set forth ill paragraphs (b)(1), (2), (3), and (4) of this section in bill in any contract
ill all amount in excess oI'$l00,000 and subject to the overtime provisions of th C.at e tract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the clauses rcquilc,d by Sec 5.5(a) or 4.6 of part 4 of this
title. As used ill this paragraph, the terms laborers and mechanics include watelaane and gial,ds.
(I ) Overtime requirements. No contractor of su bColl t racto r Colltractlilg for ally part of th6.Colltract work which may
require of involve the employment of laborers of mechanics shall regltl ie'Of pel'llllt any SLICK label' 01' mechanic ill any
workweek in which he or she is employed oil such work to work ill excess of forty hours in quell Woi'kweek unless such
laborer or mechanic receives compensation at a rate not less than bile and one -half times the basic €ate oi.,.pay for all hours
worked in excess of forty hours i ll such workweek.
(2) Violation; liability for unpaid wages; liquidated damages, 111 th&e'veni of a►iy`violation ofthe clause set forth ill
paragraph (b)(1) of this section the contractor and any subcontractor respoiisi�le therefore shall be liable for the unpaid
wages. I11 addition, tiuch contractor and Subcontractor Shall be liable to the dated States (ill the Case ofwork done under
contract for the District of Columbia of a territory, to such District olio shell terTitory), fm liquidated damages. Such
liquidated damages shall be computed with respect to eaelt nadiVidUal laborer of 17t`�CllamC, illCluding watchmen and
gLMIAS, employed in violation of the clause set folill ii pafagf ph.(W ofth €s section, m the suns of'$10 for each
calendar clay on which such individual was required or permitted to wort in excess oftlie standard workweek off - or[y
hours without payment of the overtime wages required by the clause set fo - 11 in paragraph (b)(1 } of this section.
(3) W ithholding IOr 1-111paid wages and hguldated da€11a :Gs. file (\vr Ite in'1']le Ame of the I'c(lcral agency or the loall of
grant recil)rellt) Shall Up011 its o1Yll 01' Upon written request of all authori zed representative of the Department of
Labor withhold or cause to be withheld, fioiii;ally moneys payable on account of work performed by the contractor or
subcontractor under any such contract or• ally,[jther federal cont ct with the same prime contractor., or any other
federally- assisted contract Sllbijectfto the Cotit'iact Work Hours and .afety Standards Act, which is held by the same prime
contractor, such sums as may be cletel'fllined to;:be,necessary to satisfy any liabilities ol'such contractor or subcontractor
for unpaid wages and ligtiidated damages as 1ii `ovlded °;ifrthe elai €se set forth in paragraph (b)(2) of this section.
(4) Subcontracm he:cOiitractol of 5ubcgxltra -tor sliall €iiselt in any subcontracts the clauses set it)rth in pi Mph
(b)(1) through (4) of this seet n amid also a clau requiring the subcontractors to include these clau ses in any lower tier
subcontracts. 'f'lle prime contrtict&: shall be res:pousible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragr6phs (b)(1) tlir3uph (4) of this section. (c) In addition to the clauses contained ill
paragraph (b); ii1 any contract subje4t only to the'Contract Work Hours and Safety Standards Act and not to ally of the
other statutes cited ill Sec. 5. 1, the X &hcy Head shall cause or require the contracting officer to insert a clause requiring
that the Contractor or subcontractor small maintain payrolls and basic payroll records dUl'Ing the course of the work and
shall preserve them fora period of three year's from the complet of the contract Ior all labo rers and mechanics,
lllCllldlllg gLlards and waf6li ten, work ing oil the Contract. Such re cords shall contain the name and address of each such
employee, social security riu ii(ier correct classifications, hourly rates of wages paid, daily and weekly 11u111ber of hours
worked, deductions made, alid>actual wages paid. further, the Agency [ lead shall cause or require the contracting officer
to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made
available by the contractor or subcontractor for inspection copying, or transcription by authorised representatives of'tle
(write the name ofagency) and the Department of Labor, and the contractor or subcontractor will permit suC11
t'epreselltatives to interview employees during working houl'S on the_job.
G -City of oak Park Heights - Commerce 15
Brant (face. I IM)
Page 50 of 96
STATE OF MINNESOTA
G
Lf
RANT CONTRACT P
This gra €1t contract is between the St it'c of Miiii)esota, ,ictllig tlll otlgll its comillisslollel of Coliinleree m ite' ") and City of
Oak Park Heights, , Stillwater, MN 55082 ( "Grantee "). Zip
Recitals
1. Under Minnesota Statute S216C.02 Subdivision 1, the State is empowel to ent into. is rant.
2. 'file State is in need of assistance i the pi of renewab€e enel'gy t'esource, b
3. 'file Grantee repmsents that it is duly qualified and agrees to pe €'form aII services ct ill tills gratlt contract to the
satisfaction of the State.
Grant Contract
1 Terns of Grant Contract
1.1 E ffective date: 06/07/2010, ot'tile date the State obt ins ill rcclui cd signatures t ttscic €• Minnesota Statutes Sectiol�
16C.05, subdivision 2, whichevei is l
Tlie Grantee lutist riot begin wol•li 111 ter t li grail contract until t� co nt r act is f't i lly exect and the
(.grantee has been notified by the Stat 's Au lot ize Reliresetitaji e to begin the work.
1.2 Txl)iration (late: 03/31/2011, or until al b '�;ations have been,%&isfactorily fulfilled, whichever occurs first.
1 .3 Survival of'Terms. The following clauses, ill the expi'o 1 or cancellation oftllis grant contract: 8. t,iabiliiy;
9. Stale /Audits; 10. Government Data Practices and lntellectilal Property; 12. Publicity and Endorscmenl; 13.
Governing Law, Jut and Venue; and 15. Data Diselostu and 13xhibit A, Section C.
2 Grantee's Duties
The Grantee, who is not a state emp loyee, will execute the dunes set forth in I. xhibit A, incorporated herein b
reference.
3 Tune
The Graniec 11lUSt C0111l. ly With all flit time mquiiements desci - ibed in this grant contract. In the pei'fon aitce of this
grant contract, titlic is of the essence.
4 Consideration and Payment
4.1. Conshleration. 'flle.State wi pay I - 01 - all services performed by the Grantee under this grant contract as follows:
4.1.1. Co tsation. Thez ltee will be paid the lesser of Thirty Seven niousan(i Eight limi(iretl Forty
dot is (S37,840.t)0) or O e Hundred pel'cellt (100' %o) of actual eligible costs inctn' - ed ill the
perfor ' � se's duties according to the breakdown of costs contained in the grant budget
(Exhibit 13) which is attached to and ineorporated into this giant contract.
4.1.2. Travel Exlrenses. Reimblll'Scllient 661 travel and subsistence expenses actually and necessarily incurred by
the Grantee as a result ofthis grant contract will not exceed Zero dollars (S 0.00); hi ovided that the
Grantee will be reimbul;sed for travel and subsistence expenses in the same manner and in no greater
anloullt than provided ill the current "C0lllllliSSi011CCS Plall" pionni by the commissioner of
lniployee Relations. The Grantee will not be reimbursed for' travel and subsistence expenses incurred
outside Minnesota unless it has received the State's p1'ior wl'itteri approval fol' out of state travel.
Minnesota will be considered the home state for determining whether travel is out of state.
4.2. Total Ohligatiotl. The total obligation of the State for' all compensation and 1'einibui sements to the Giautec under
this giant contract will not exceed Thirty Seven Thousand Fight Hundred Forty dollars ($37,840.00) or One
Hundred pel (100%) of the total actual, eligible costs incurred ill the performance of file Grantee's cluties
specified in Exhibit A.
4.3. Matching Requirements. The Grantee certifies that the following matching rcquirement for the grant contract
will be met by Grantee: No less than Zero percent (0.00%) of the total actual, eligible costs incurred in the
pul'ornlance of the Grantee's duties specified in Exhibit A.
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4A. Pigment
4.4.1. Invoices. T'he State will promptly pay the Grantee after the Grantee presents an itemized invoice I«r the
services actually performed and the Slate's AL1tIl0rlZCCl Representative accepts the invoiced services.
111VO1CCS 111ust be submitted timely and according to the schedule as outlined in Exhibit A.
4.4.2. Federal funds. Payments under this grant contract will be made fi federal finds obtained by t €le State
through Title III, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et serf. and
amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding f €'onl
the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for
compliance with all federal requirements imposed on these funds and accepts fi€I1 financial responsibility
for any requirements imposed by the Grantee's failure to comply with federal require €dents,
S Conditions of Payment
All set provided by the Grantee Linder this grant contract must be performed to t €le State's satisfaction, as
determined at the sole discretion of t €le State's Authorized Representative and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations, The Grantee will not receive payment for wort: found by the:
State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Autbor•ized Representative
The State's Authorized Representative is Abby Finis, Energy Programs Specialist, 651- 296 -6205, or her successor,
and has the responsibility to monitor' the Grantee's performance and the authority to accept the ser VrCeS provided under
this grant contract. If file services are satisfactory, the State's Authorized Representative will certify acceptance on
each invoice submitted for payment.
The Grantee's Authorized Representative is Erie Johnson, City Administrator, 651 - 139 -4439, or his successor. I1'lhe
Grantee's Authorized Representative changes at ally tiMC (IL11 - ill- this grant Conlr'ad, the Gramee must immediately
notify the Suite.
7 Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior Consent of'tile State and a fully CxCCLIted Assignment Agreement, executed and approved by the
same parties who executed and approved this grant contract, or their successors irl office.
72) Amendments. Any amendment to this grant contract must be ill writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original grant contract, or their
successors in oil - ice.
7.3 Waiver. If the State fiaits to enforce any provision of this grant contract, that failure does not waive the provision
or its fight to enforce it.
7.4 Grant Contract Cvnrlflete. This grant contract contains all negotiations and agreements between file State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind
either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of'
action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the
Grantee of the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd..5, the Grantee's books, records, documents, and accounting procedures and practices
relevant to this grant contract are subject to examination by the Slate and /or the State Auditor or Legislative Auditor, as
appropriate, for a Ill ill irdunl of six years from the end of this grant contract.
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10 Government Data Practices and intellectual Property
10.1. Goveniment Data PPYlcticer. The Grantee and State must Comply with the Min €lesota Government Dala
Practices Act, Minn. Slat. Ch. 13, as it applies to all data provided by the State Under this grant contract, and as It
applies to all data created, Collected, received, stored, used, maintained, of disseminated by the Grantee Linder this
grant contract. The civil remedies of M inn. Slat. § 13.08 apply to the release of the data referred to in this clause
by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must ill111IMiately
notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting
party bel'ore the data is released.
10.2. Intellectual Propert Rights. GRANTFT represents and warrants that materials produced or used under this
grant contract do not and will not infringe upon any intellectual property rights of another, €llClnd€ll€, bUt not
limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall
indemnify and defend the SfA`IT', at GRANTEEI's expense, front any action or claim brought against the
STAT1 to the extent that it is based oil a claim that all or part of the materials infringe upo11 the intellectual
properly rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands,
obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out 01'
this grant contract, amendments and supplements therelo, which are attrlbUtable to such claims or actions.
lfsuch a claim or action arises, or in GRANTI_;L's or the S1'A '11;'5 opinion is likely to arise, GRANTEE shall, at
the STATE's discretion, either procure for the SI'ATI..' the right or license to continue using; the materials at
issue or replace or modify the allegedly infringing; materials. This remedy shall be in addilio €1 to and shall not
be exclusive to other remedies provided by law.
1I Worker's' Compensation
The Grantee certifies that it is in Compliance with Minn. Slat. § 176.1 81. SUM. I pertaining to workers' compensation
insurance covera -C. The GranleCs employees and agents will not be considued State employees. Ai1y clams that
may arise under the Minnesota Workers' Compensation Act on behall'oftllese employees and any claims made by any
third party as a consequence ofany act or omission on the part of these employees are in no way the State's obligation
or responsibility.
12 Publicity and Endorsement
12.1. Pubirchy. Any publicity regarding tine subject matter of this grant contract must identify the State as the
Sponsoring agency and must not be released wlthOLlt pl'€Or W1'It1Cl1 approval from the Suite's Authorized
Representative. For purposes of this provisiall, publicity includes notices, inl'ormational panlphlels, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
with odlCYS, Orally SUbcontractors, with 1 - espeCt to the I)rOtgrai11, J)Ubllcatlo115, Ol' SCCVICCS l)rOVlded 1'CSnlllllg 11'0111
this grant contract.
12.2. Errriorserrrent. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, 111L1st be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota,
14 Termination
14.1 Teimination by the SLATE. The STATE may cancel this grant contract at any time, with or without cause, upon
30 days written notice to the GRANTEE. Upon termination, the GRANTEE will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
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14.2 Termination for` Cause. The SPATE may cancel this Grant Contract immediately if the STATE finds that there
has been a failure to Corrnply with the provisions of this Grant Contract, that reasonable progress has [lot been
made or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE
may take action to protect the interests of the State of Minnesota, including the refusal to disblll'SC additional
funds and requiring the rctul•11 of all or part of the funds already disbursed.
14.3 TeTrrrirlllti0rl f()r lrrsr(ffrcient Funding. The State may immediately terminate this Grant Contract if, 1) funding
for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain finding froth
the Minnesota Legislature, or other funding source; or 3) if fie €lding cannot be Conti at a level sufficient to
allow for the payment of the services covered here. 'Termination must be by written of fax notice to the Grantee.
The State is not obligated to pay for any services that are provided after notice and effective (laic of termination.
l lowever, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penally if the Grant Contract
is terminated because ofthe decision of the Minnesota I.,egislatllre, or other funding source, not to appropriate
fiends. The State must provide the Grantee notice of the lace: of funding rvilhin a reasonable time of the State's
receiving that Notice.
15 Data Disclosure
Under Minn. Stat.. 2700.65, Subd, 3, and other applicable law, the: Grantee consents to diSCIOSLIIY; of its social
security slumber, 1 ederal employer lax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state; tax agencies and spite personnel involved in the payment of state obligations,
These edenlficatlon IILlillbe]'S may be Used In the enforcement offederal and state tali laws which could [ eSLllt ill aetlon
requiring the Girantee to file state tax returns and pity delinqu state tax liabilities, if tiny.
16 Davis - Bacon Act (DHA) Requirements
Section 1606 of - ARRA requires that all laborers and mechanics employed by contractors and subconiractors oil
consiruetion, alteration, or repair projects fielded directly by or assisted in \vhole or in part by ARRA funds shall be
paid wages at rate's not less thael those prevailing oil pro_]ects ofa Similar characler ill the locality as determined by the
Secretary of Labor in accordance with subchapter IV ofchapter 31 oftitle 40, United States COde). Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued
regulations 29 CFR farts 1, 3, and 5 in implement the Davis -Bacon and related Acts. Wage determinations can be
found at: www.wdoI.goy and additional iilf'ormation on DBA Requirements can be sound at: ���ww.dol gy/g5'j whc_I_.
This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the
Grantee's Program must include activities of a nature and scope that rc(luire DBA compliance. l lowever, if proposed
work includes such activities, the state will hold the Grantee responsible For all federal requirements involving DBA
wades and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to their program.
17 Waste Management Plan
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's pl'Ogl'anl. Loan recipients must address waste generated by the project, if applicable, and describe
the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolitio debris, old light bulbs, lead
paint, lead ballasts, piping, footing material, discarded eyLlipment, debris, and asbestos) generated as a result of the
project.
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B Compliance with National tlistoric Ili-esellwation Act
Prior to the expenditure of federal funds, if applicable, pr'o must be evaluated to determine if they are subject to
review udder Section 106 of file National f listoric Preservation Act (NI IPA) of] 966 (36CFR 800). Section 106 applies
to projects that may affect properties listed in or eligible for listing in the National Register of Ifistoric Places.
Properties meeting the following criteria will be subject to Section 106 review:
® Is at least 45 years old; and
Listed €n or eligible for listing in file NRI IP (either individually or as part of a district);
® Any project involving ground disturbing activity (excavation, utility installation, etc.),
It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional
efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant
firnding will be construed as "anticipatory demolition" as defined in section 1 I Ok of the NHPA as follows:
Section 110 116 U.,S'.C. 47017 - 2(k) . Anlicipulory demolilion]; (k) t;ach Federal agency shall ensure that the agency
will not grant a [call, loall P ara €[tee, permit, license, of other assistance to an appl icant who, with intent to avoid the
requirements of section 106 of this Act, has intentionally significantly adversely affected a historie property to which
the grant would relate, or having legal powcr'to prevent it, allowed sucks signif icallt adverse effect to occur, unless the
agency, aftel' C011SUltation with the I Advlso Cou ncil oil Hi storic Prese rvation], determines that circumstanees,JUStify
granting SL€CIl lSSiStal1CC Clespite the adverse ef fect create or permi by the a pplicant,
Initialing a grant funded project before reviews required Linder Section 106 of the NI II'A have been completed may
cause significant delays in the release of grant funds, require negotiated €litigation, or result in an outright loss of
federal funding.
19 Disadvantaged Business Enterprises
Projects funded in whole or in part front hinds received by the (.rranice directly fro m this grant contract must, to the
extent practicable, ensure that bidding; contractors are qualified and participate in available apprentice and training
programs for all work performed. Bidding for contracts niust, to the extent practicable, use the process established in
Minnesota Statutes, section I6C.16, Subd ivision 4, 5, 6 and 7, except that subdivision 12 does not apply.
20 Buy Amell'rcan
The Grantee confirms that, €I applicable, it is in compliance with the Buy American provision in the American
Reinvestment and Recovery Act of2009 (ARRA) (Section 1 605 of "Title XI) which directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used for the coil struction,
alteration maintenance, or repair oi'a public building or public work unless all the ilon, steel, and nrinuflctured goods
used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the 13Liy America restrictions for lack of qua €[lily
or duality, increase ofcost of the project by more than 25 percent, or inconsistency with the public interest, €lust be
submitted to the State prior' to the execution of the grant agreement. The prospective Grantee shall include the
information and applicable supporting data required by 2 CF'R 1" 6.140(c) and (d) in the request. Exceptions €lust be
approved by the State and the United States Department of Energy.
Additional information, including category exclusions and exceptions, on Buy American can be found al:
wwwl .eere.e €lergy.gov /recovery /bc €�� americanpl•ovision . html.
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21 Reporting
Section 1512 of the American Recovery and Reinvestment Act oi'2009 (ARIZA) states recipients of "Recovery Act
funds must comply with the extensive reporting requirements." The GRANTEE mi €st sub mit progress reports detailing
the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA fi €nding including
percent of project Completion to the sTA`I'I; by the 5th day of each month for the preceding month's work. If a
GRANTEE does not comply with this requirement the STATE reserves the right to withhold funding.
1. STATE ENCUMBRANCE VERIFICATION 3. MN DEPARTMENT OF COMMERCE
1) Oil idual certifies that fin tds have been e)Ic'unItiered crs Individual cerlrfe,s lhol,Trnds have been encunnbeadas
Required hv; €Mimi. Slat. 16A.15 acid 16C,05 required by dlimv blot, _sti;sc' 16A.15 and 160.05.
Signed: By:
Date: Title:
CI' M S: Date:
2. CITY OF OAK PARK HEIGIITS
'rhe u - mitec cerlilics that ilac appropriate personw have exeeulecl Mlle
grant conlraet ail belrjlf o f he (=r.ustce as rccpiired by applicable
articles. bvla`vs, resoljilions, ur ordinances.
l7islribution:
By: MN Dept. ol ('ommcrre, Accounting Dcpt.
........ ........... .- .._..---- ................- - -
— Title: Grantcc
5lale'ti Aulhoriml Rcpl (copy)
Late:
]3y:
Title:
Date:
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Exhibit A
GRANTEE'S 'S DUTIES
A. Gl2AN'lTE shall do all things necessary to colliplete the following tasks:
'end
TABLE I:: A l proved Meast><res;a rril' Fndit GraaXt Match Dotal Date
1 Oalc Panic Heights City Hall
1.1 Pu rchase Energy Star refrigerator and
dlshwashcr. XX /xx /»
3,140 $ 0 $ 3,140
2 Oaic Parlc 1leights City Park
2,1 Retrofit park shelter lighting with a solar PV and
Ll_;D lighting system. $ 34,700 $ 0 $ 34,700 mm^
'Total Cost'` 37,80 $ 0 .. i3 7% 40 '
11. Eligible Costs
lligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures Specified in 'Table 1, and
2. Remove, store, transport and dispose ofwaste materials generated.
Fligible costs include ndual costs incurred by subcontractors. Ocher expenses may be eligible only if pre- approved in
writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this graft agreement totaling $25,000 or more.
C. Payments - Reports
Grantee shall submit monthly progress reports and payment requests for rehubwsoment of eligible costs Incurred not
later than (lie 5 "' day of each month Or We preceding month's wort:. Grantee shall submit progress reports and
payment requests on the form provided as l:;Xhibit 1:3 ofthis grant agreenlent. .
Grantee further agrees to Im &Mhi and provide energy constnupdon data for the budding being improved through the
133 public building benchnlarking database by:
a) entering, bias; Ike data Ar the year rnlor to the grant agreement; and
b) entering monthly data for a period of three years alter the energy efficiency improvenients(s) have been made.
1). Acceptance Testing metttnentation (li' Applicable)
Grantee shall submit to cmuce of Energy Security (011S) acceptance testing documentation required by Minnesota
Rules fart 13231672, Subpart 3, for €Modifications to heating, ventilating and /or air conditioning systems, final
reimbursement for these types of modifications Nvill not be made until the acceptance testing doctmlentation is received
by OES.
F. Promotional MateHals
All promotional and informational materials distributed by or for the Grantee shall contarn Be folio Mg State11 ms:
"']'his protject was made possible by a grant from the US, Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this require €neat is waived
in writing by the State.
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Exhibit B
SAMPLE ONES.'
Date:
c
S5 7m P1acc E. =sa. S,:izc 5fl9. S- Paai, NIN 55101-2195
... _ .. _ w.__.- 'SeCII ' tY mnin: 651.296.402C t— G7 .29G?SGO lax: 651.297.759i
Nlinrsesata pePartment of Commerce l ww•w.encrgy.mn.izov
MONTHLY GRANT PROGRESS REPORT AND PAYMENT REQUEST
Proress:Report and Payment Request # G:RANTE.ER City of -G)aiC Park Heights Giant % goo ao .
Reporting Month CFMS# Match o oa
Grant Funds
Item ,. Estimated Bid °i'otal Cost Retainage : iota[ Cost Grant Grant -Funds Re .
,�pproved'Measure CastCost fo Bate:; Minus Retainage. Eligible Paid to Date TE is.Period
1 1 Purchase Enei Star ,refngerator {1j and
dishv+rasher {2).. $. _ 3,140.' $
Retrofit park shelter lighting vuith a solar PV and.
7 1 ' LED system $ 34f706 ;: $
Total � .: •37;840 :� - $ $. ; $ $ $ `. 5. -
' N cue's
Labor Hrs °iabur tars ,
Item Previously fur ' Total '<
# App Measure .. Reported , .Th +s,Perod Labor Hrs
Certcatlun
I certify that, to the best of my knowledge, the information provided herein is true.
11 Purchase Energy Star ;
2' 1 Retrofit parks 61ter Gghtcngwith a solar PV and signature:
Name:
v Title: Date.
CD
w rotal -
0
G - City of Oak Park Heights - Commerce i
Grant (Rev, 11!03)
Exhibit C
Grantee's Davis-Bacon Act (DBA) Requirements
Davis -Bacon Act: 29 C>( +R Part 5,5
The "i:•ecipient" referred to throughout the Davis -Bacon contract conditions is the "Grantee ". T his language must
be included ill all Davis Bacon covered contracts a any a nd all subcontracts.
(a) 1 he A-ency head shall cause or require the contracting officer to insert i full ill any contract ill excess of
$2,000 which is entered Into for the aCtUal Col1St1'UCtloll, alteration and /or repair, including painting and decorating, of a
])Ublic building of pllbllC wor or building oi Work financed ill whole or ill part front Federal funds or ill accordance With
guarantees of a F ederal agency of financed (roll] funds obtained by pledge of any contract of a federal agency to make a
loan, grant 01' ailinLlal C011ti'iblition (except where a different nicanillg is expressly Indicated), and which Is SUbject to the
labor standards provisions of any of the acts listed in Sec. 5. 1, the following clauses (or any modifications thereof to meet
the particular needs of the agency, Provided, That such modifications are first approved by the Department ol' I..abor):
(1) Mininlllnl wages. (i) All laborers and mechanics employed of worki Upon the site of the work (or under the United
States housing Act of 1937 or under the €lousing Act of 1949 ill the construction or development of the project), will be
paid uncondilionally and not less often than once a week, and without subsequent deduction or rebate oil any account
(except SLlcln payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR part 3)), file Pull amount of wages and bo na fide. fringe benefits (or cash equivalents thercol) due at time of'
Payment computed at rates not less tha those contained in the Nvage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between
the contractor and such laborers and mechanics. Cd)niribut€oins made of costs reasonably anticipated For bona fide firi
benefits Under section l (b)(2) o] the Dav is -Bacon Act oil behalf of laborers or mechanics are considered Wages paid to
such laborers or mechanics, subject to the provisions of paragraph (a)(] )(iv) ofthis section, also, regular contributions
made ol costs incurred for Vlore than a weekly period (belt not less often than quarterly) under ]Millis, funds, of programs
which Covey the ININiCUlar weekly period, are deemed to be CollStrLlCtivCly MadC 01' €I1CUrred dw such wceldy period.
SUCK IabOrel'S and Mechanics shall be paid the appropriate wage rate and fi benefits on the wage determination for the
Classification of \vork actually performed, withOLit r'egar'd to skill, except as provided ill See. 5.5(a)(4). Laborers or
]nlechanlCs performing lvork ill more than one classification may be compensated at the fate specified for each
ClasSifiCat101n for tilt: tulle aCtUally worked therein: Provided, That the employer's payroll records accurately set forth the
tillle spent ill each classificat ill which work €S performed. The wage determination (111ClUding any additional
classification and wa-c rates conformed Linder paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (W l l-
1 321 ) shall be posted at all tilnles by the contractor and its subcontractors at the site of the work ill a prominent and
accessible place where it can be easily seen by the workers.
(d)(A) The contracting officer shall r•CgLlil'e that any class of laborers or mechanics, including helpers, which is not listed
i the wage determination and which is to be employed under the contract shall be classified in conforma €ice with the
Nvagc determination. T he contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination, and
(2) The classification is utilized in the area by the construction industry; and
(3)'111e proposed wage fate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and t laborers and mechanics to be employed ill the classification (If known), of their
representatives, and the contracting officer agree oil the Classification and wage late (including t7C amount designated for
fringe benefits where appropriate), a report of the action t aken Shall be sent by the contracting officer to the Adi11inistrator
of the Wage and !-lour Division, l rnlployment Standards Administration, U.S. Department of Labor, Washington, DC
20210, The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
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(C) In the event the contractor, 111C laborers or mechanics to be employed in the classification or their representatives, and
the contracting officer do not agree on the Proposed classification and wage rate (illCluding the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, of
all authorized representative, will issue a determination within 30 days of I'CCCIPt and SO advise the contracting officer or
will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) ']'Ile wage rate (ilnclucling fi'inge benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (I3) or (C) of
this section, shall be paid to all workers performing work in the classification under this contract from the first day on
which work is performed in the classification.
(iii) Whenever the rllininlu111 wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor cues not make payments to a trustee Or other third person, the contractor may consider as part of
the wages of ally laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan of program, Provided, That the Secretary of Labor has found, upon the written request of the
contractor that the applicable standards of the Davis -Bacon Act have been islet. The Secr'etar'y of Labor may r'CgLrirC 1110
contractor to set aside In a separate account assets for the meeting of' obligations under the plan or program.
(2) Withholding. The (write in name of federal Agency or the loan or grant I'CCipient) shall upon its own action Or 1.11)011
written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor mider this contract or any other federal contract rvith the same prime contractor, or any other federally - assisted
contract stlb_Jeci to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so MLICI1 Of
the €ICCRIed payl1lC€1tS Or' adva €lees as may be considered necessary to pay laborers and illechanics, including apprentices..
trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event o{ failurc to pay any laborer or mechanic, including any appr'el1tice, trainee, of helper, employed Or working
on the site of111C work (or under t11e United States Housing Act of 1937 or lender the I louring Act of] 9/19 in the
construction or development of the project), all or part of the wages required by the contract, tee (Agency) may, after
wr€ttell notice to the contractor, Sponsor, applicant, or owner, take Sllch action as May be necessary to cause the
SL €SPCI)Si011 of alnV f111'tllei' p€lynient, advance, or guarantee of funds LI11til SLICK Violations have Ceased.
(3) Payrolls and basic reconis. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the COLI€:SC of the Nvork and preserved for a period of three years thereafter for all laborers and mechanics working
at the site of the Nvork (OF Lender the Uniled States Housing Act of 1937, or under the 1 lousing Act of 1949, in the
Construction or development of the project). Such records shall contain the name, address, and social SCCLIi - ity number of
each such worker, his or leer correct Classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equiVACII(s thereof of the types described in section ) (b)(2)(B) of the
Davis -Bacon Act), daily and weekly iluMbel' Of hours worked, deductiOlIS made and actual wages paid. WhenevCl' the
Secretary of Labor has found Linder 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or program described in section l (b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the Flan or program has been communicated in
writing to the laborer's of mechanics of beted, and records which show the costs anticipated or the actual cost iilCllrred In
providing Such benefits. Contractors employing apprentices of trainees Under approved programs shall maintain written
evidence of tile r'egistr'ation Of apprenticcs111p programs and certification oftrainee programs, the registration Ofthe
apprentices and trainees, and the ratios and wage rates prescribed in the applicable prograllls.
(ii)(A) The contractor shall subunit weekly for each week in which any contract work is performed a copy of all
Payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not
such a party, the contractor will SL€b1111t the payrolls to the applicant, sponsor, or owner, as the ease may be, for
transmission to the (wri(e in name of agency). The payrolls submitted shall set Out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security rnunnber's and home
addresses shall not be included oil weekly transmittals, Instead the payrolls shall only need to ilICILide an individually
identifying number for each employee (e.g., the last folk' digits of the employees social security number). The reglln'ed
weekly payroll information may be submitted in any form desired. Optional Form WI -1 -347 is available for this plll'pose
from the Wage and I four Division Web site at littp: / /www.dol.gov /esa /wlid /forms /wli347iilstr'.11(iii 01' its successor site.
G -City of' Oak Park I leights - Commerce 9
Gi . " 113€ (Rev. 11/08)
Page 60 of 96
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered worker, and shall
provide them upon request to the: (write in name of appropriate federal agency) if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be,
for transmission to the (write in name of agency), file contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of
this section for a p€'ime contractor to require a subcontractor to provide addresses and social security numbers to the p€
contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant,
sponsor, or Owner).
(I3) Each payroll submitted shall be accompanied by a — Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed finder the contract and
shall certify the following:
(1)That the payroll f - or the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(d) of
Regulations, 29 CFR part 5, the appropriate information is being maintained Linder Sec. 5.5 (a)(3)(i) of Regulations, 29
Cl'R part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and irainee) employed on the contract during the
payroll period has been paid the Pull weekly wages earned, without rebate, either directly or indirectly, and that 110
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 Cf'R part 3;
(3) That each laborer or mechanic has been paid riot less than the appl €cablc wage rates and fringe benefits of Cash
cgL11V8lCn1S fOr the ClaSSHICation of work performed, as specified In the applicable wage determination incorporated Into
the contract.
(C) The weekly submission of a p€'operly CXCCLtted certification set forth on the reverse side of Optional Dorm W11 -3/17
shall Satisi',y the regLlircnlent for submission of the "Statement of Compliance" regUiced by paragraph (a)(3)(ii)(B) of this
section.
(D) TIle falsification elf ally of file above eel flcatioils may sub b' je_d the contractor or subcontractor 10 CIVIL OI' Cfill1illill
prosecution under section 1001 of title 18 and section 231 oftitle 31 of the United States Code.
(ill) ']'Ile C0I1fi'adOl' 01' SUbcontractor shall make the records required under paragraph (a)(3)(i) of this Section available
for inspection, copying, 01' transcription by authorized representatives of file (write the name of the agency) or the
Department of I..,abor, and shall permit such representatives to interview eillplOyces during working hours oil the,job. 11'
file contractor or subcontractor fails to submit the required records or to make then) available, the Federal agency €slay,
after w€'itlen notice to file contractor, sponsor, applicant, or Owner, tale such action as may be necessary to cause the
suspension ofany further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records
upon r'egL1CSt 01' tO Make such records available may be grOUnds for debarment aCt7011 pLirSUant to 29 C1 R 5.12.
(4) Apprentices and trainees - -(i) Apprentices. Apprentices will be permitted to work at less than file predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a bona fide; apprenticeship
program registered with the I.Q.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office.
of If a person is employed nil 11 is or her first 90 days of probationary employment as all apprentice m such an
apprenticeship program, who is not individually registered in the program, but who has been certified by [lie Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible Im probationary employment as all apprentice. The allowable ratio of apprentices to IOurneymen oil thejob site Ill
any c € classification shall not be greater than the ratio permitted to the contractor as to the entire wo€'k force under the
€' egistered program. Any 1vorker listed on a payroll at 811 apprentice wage fate, who is not registered or otherwise
employed as stated above Shall be paid riot less than the applicable wage fate Oil the wage determination for the
classification of work actually performed. In addition, ail)' apprentice perlorming 17'o €'k oil the lob site ill excess of the
ratio permitted under the registered program shall be paid not less tllall the applicable wage rate on the wage
determination for the work aCtUally performed. Where a contractor is performing construction Oil a project ill a locality
other than that in which its program is registered, the Patios and wage rates (expressed in percentages of the
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentlCC 111Ust be
paid at not less than the rate specified in the registered program for flee apprentice's level of progress, expressed as a
percentage ofthe journey111en hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe
G -City of Oak Park Heights - Com€ uce
(irrnt (Rev. 11/(18)
Page 61 of 96
benefits ill accordance with the provisions of the apprenticeship program.
If the apprenticeship pr'ogr'am does riot specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Office of Apprenticeship 'Draining, Employer and Labor Services, or a State Apprenticeship Agency recognized
by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until all acceptable program is
approved.
(ii) Trainees. I'xcept as provided ill 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio oft'ainces to,JOurneylnell Oil t1lu job site shall not be greater than permitted Under the plall
approved by the Employment and It'll €ning Administration. I_,ver'y trainee Whist be paid at not less than the rate specified
In the approved program for the trainee's level of progress, expl'CSSed as a percentage of the Journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid f € benefits ill accordance with the provisions Of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the Rill 11111OL111t Of
fringe benefits listed oil the wage dOCrilliilxt011 LlllleSS the Administrator of the Wage and Hour Division determines that
there is fill apprenticeship program associated with the cOl'1'esl)olldlllg; JOLIi'Ileyllltin wage rate on the wage determination
which provides Tor less than fern fringe benefits for apprentices. Any employee listed oil the payroll at a trainee rate who
is not registered and participating in a training plan approved by the Fnlployment and Training; Administration shall be
paid not less than the applicable wage rate oil the wage determination for the classification OFVVOH actually performed. In
addition, any trainee performing wort: on the job site in excess ofthe ratio permitted under the registered program shall be
paid not less than the applicable wage fate On the wage determination for the work actually performed. Ill the event the
I: nlploynlent and 'Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable. predetermined ]rate for the Work perlormcd ulltil fin acceptable
program is approved.
(ill) I: gUal C1111lOyMOM OppOrttlility, f'I1C Utili %ati011 of apprCntices, trainees and Jol rneynlell Linder this part shall be ill
conformity with the equal employment opportunity requirements of l:?xccmk Order 112 as amended, and 29 CFR
part 30,
(5) Compliance with Copeland Act requirements. The coitractor shall comply with the requirements ol'29 CFR part 3,
which are incorporated by reference ill this contract.
(6) Subcontracts. The contractor Ol' subcontractor shall insert ill any subcontracts the ClaLISCS contained lit 29 CFR
5.5(x)(1) through (10) and such Other clauses as the (write in the name (if the federal agency) may by appropriate
instructions l'egibl'e, and also x elapse regUil'illg; the SLIbcontracto€'S to ilICILldC these Clauses ill ally l0WCI' tier SLIbcontraclti,
The prince contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CI'R 5.5.
(7) Contract termination: debarment. A breach ofthc contract clauses in 29 CFIZ 5.5 may be gl'ounds for termination
of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(S) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incor'por'ated by r'ef'erence in this contract.
(9) Disputes concerning; labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes shall be resolved ill accordance with the
procedures of the Department of Tabor set forth in 29 CFR parts 5, 6, and 7. Disputes within the ineaning ofthis clause
include disputes between the contractor (or any of its subcontractors) and the contracting; agency, the U.S. Department of
Tabor, or the employees or their representatives.
(I0) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor' Ile or she) nor
ally person or firlll who has an interest in the contractor's film is a person or firm ineligible to be awarded Government
G -City of Oak Park I leights - Commerce 1 I
Grant (Rev. I il08)
Page 62 of 96
contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(x)(1). (ii) No part ofthis contract shall be
subcontracted to ally person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1). (iii) 'rile penalty 101' illaking false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(b) Contract Work I-Iom-s and Safety Standards Act. The .Agency Head shall cause or require the contracting
officer to insert the following clauses set forth in paragraphs (b)(l ), (2), (3), and (4) of this section in full in any contract
in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to the clauses required by See. 5.5(a) or 4.6 of part 4 of this
title. As used ill this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for ally part of the contract wort: which may
require or involve the employment of laborers or mechanics shall require Or permit any such laborer or mechanic in any
workweek in which lie or she is employed on such work to work in excess of forty hours ill such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic ]rate of pity for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages, liquidated damages. In the event ofany violation 01'111C clause set fol'th in
paragraph (b)(i ) of this section the contractor and all) subcontractor responsible therefore shall be liable for the unpaid
wages. Ili addition, SL1Ch contractor and subcontractor shall be liable to the United States (ill the else of work done mide€'
contract for the I.3istrict of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, irlclu(ling WatchrllCll and
guards, employed in violation of flIC ClaUSC Set fol'th ill paragraph (b)(I ) of this Section, ill the sum Of $] 0 for each
CalCudar Clay Oil WhiCh SL1CI1 individual was required or permitted to work ill excess ofthe standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages, '['Ile (mite ill the name of the Federal agency Or the loan Or
grant recipient) shall upoll its Own action or upon writtell request of an authorized representative Of the Department of'
Labor withhold or cause to be withheld, from any moneys payable oil account of \vork performed by the contractor or
.subcontractor under any such contract 01' any Other federal contract With the Same prime contactor, Or ally other
federally- assisted contract subject to the Contract Work I lours and Safirty Standards Act, which is held by the same prime
contractor, such sums as May be determined to be necessary to satisfy any liabilities ofsueh contractor or subco ntractor
for' Unpaid wages and liquidated damages as provided ill the Clause set 161111 111 paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subco€ ltractor shall insert in any subcontracts the Clauses set Birth in paragraph
(b)(I ) through (4) of this section and also a clause requiring the subcontractors to include these clauses in arty lOwCl' tier
subcontracts. The prime contractor shall be responsible for compliance by ally subcontractor or loNver tier Subcontractor
with the Clauses set forth in paragraphs (b)(1) through (4) of this section. (c) Ill addition 10 the ClaUSCS C0111allllCd ill
paragraph (b), ill ally Contract sUb1CCt only to the Contract Work I lours and Safety Standards Act and not to ally ofthe
other statutes cited in Sec. 5. 1, file Agency (lead shall cause or require the Contracting ofiicel illsert a Clause requiring
that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and
shall preserve them for a period of three years from the completion of the contact for all laborers and mechanics,
including guards and watchmcn, working oil file contract. Such records shall contain the name and address of each such
elllplOyee, social security number, correct classifications, hourly rates of wages paid, daily and weekly nulnlhCt' of hours
worked, deductions made, and actual wages paid. further, the Agency I lead shall cause or require the contracting officer
to insert in any such contract a clause Providing that the records to be maintained under this paragraph shall be made
available by the contactor Ol' sLlbcorrtractoi' for inspection, copying, of transcription by authorized representatives of the
(write the name of agency) and the Department of I,abor, and the contactor Or subcontractor will permit such
representatives to intcrviCW employees during working hours On the job.
G -City of Oak Park Heights - Commerce 12
Cininl (Rev. 1 1109)
Page 63 of 96
This Page Is Left Intentionally Blank.
i
Page 64 of 96
k
n.
Oak Park Heights
Request for Council .Action
Meeting Date MaV 2.01, 2010
Time Required t Minute
.Agenda Items Title. Transfer of Conditional Use Permit (.Amended) Light Year Auto
LLC to Ori�dnal Owner .Auto Inc.
.r
.Agenda Placement New Busine _. __ ___._..._..___..__._._�.....
�r
Orig inating De artment. I ues,f6 _
"g g �` / q , � � _ Erz€; e7ohnsano_C�Adrninistrator _._.....__...__...___.__.._
Requester's Signature J..
Action Requested ..- __._Apprp Ame nded CUP... ......._.._....... -.... -- - -- -- --- ....__........._..
/ l 3 ` .a. a R tak
background /Justifi€:atio � {I lease indicat€, iI any previous a€:tion has been or if
other public bodies have advised).
Please see attached from Scott Richards
1. Planning; Report dated May 19"', 2010
2. Proposed City Council Resolution
3. Development Application from Light Year /auto / Oak lark LLC: -K.. LaCasse
4. Copy of ClirrMI Doorrr & Thorbus CU to he amended.
Page 65 of 96
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4.800 Olson Memorial Highway, Suite 202, Golden Valley, MIN 554-22
Telephone: 763.231.2555 Facsimile: 763.231,2561 planners @nacpianning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: May 19, 201
RE'. Oak Park Heights — Light Year Auto LLC, Transfer of
Conditional Use Permit Conditions to Original Owner Auto, Inc. —
14398 59 Street North
FILE NO: 798.02 — 10,02
BACKGROUND
Ryan Redmond, representing Original Owner Auto Inc,, has made application to allow a
transfer of the auto sales business that will be operating under the existing conditional
use permit (CUP) at 14398 59 Street North, The CUP had originally been issued to
Doom and Thorbus in June 2004. It was transferred in February 2008 to Light Year
Auto LLC.
The transfer of the CUP will allow Mr. Redmond to operate as Original Owner Auto, Inc.
in the same location and under the same conditions as the original CUP.
Attached for reference:
Exhibit 1: Application for Amended CUP — Original Owner Autos Inc.
Exhibit 2 Signed Conditional Use Permit
Exhibit 3 Notice of Certification
Exhibit 4: Planning Report dated June 3, 2004
CONCLUSION / RECOMMENDATION
City staff has met with Mr. Redmond regarding his proposed business in Oak Park
Heights. He is aware of and is fully agreeable to the conditions of the CUP that were
approved in 2004. The nature of his business is very similar to the two previous car
businesses operating out of this location. City staff has not received any complaints
Page 66 of 96
from the surrounding neighborhood or commercial business operations in the vicinity.
We would recommend the request and application but with one added condition:
20. Upon vacation of the premises by the automobile sales business, the applicant or
property owner must contact the City of Oak Park Heights.
Page 67 of 96
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESO'T'A
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY ORIGINAL OWNERS AUTO, INC. FOR TRANSFER OF
THE CONDITIONAL USE PERMIT TO ALLOW OUTDOOR AUTO
SALES AT 14398 59""' STREET NOR T14
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Original
Owners Auto Inc. to transfer the conditional use permit to allow outdoor auto sales at 14399 59`
Street North and after due consideration, the City Council makes the l'ollowing findings of fact
and resolution:
I . The real property affected by said application is 1coally described as
1 "', to wit:
S1 1 A'1 TACI iMl?NT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
5F,1 ATTAC:`IIMI N'1'13
and
3. The subject site's zoned 13 -2. Gencral Business District in which outdoor
auto sales in a conditional use; and
4. A conditional use hermit -vas issued on June 22, 2004 to Doom and
`1'horbus for outdoor auto sales at the subject site; and
5. The conditional use permit was transferred to fight Year Auto 1.1,C in
l 2008; and
G. The applicant has submitted an application to transfer the conditional use
permit to Original Owners Auto, Inc. and agreed to conduct the business under the previously
adopted conditions.
NOW, THEREFORE, BE IT RESOLVED I3Y THE CITY COUNCIL, FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CI'T'Y COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Original Owners .Auto Inc. to transfer the conditional use
permit to allow outdoor auto sales at 14398 59"' Street North and affecting the real property as
follows:
Page 68 of 96
SEF ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Part. Heights with
the following conditions:
1. All cars sold outside shall be shown by appointment only.
2. 'There shall be no advertising of the business that would invite the public to view the
inventory on site.
3. There shall be no special event advertising devices such as business, fags, or prices on
windows used on site.
4. All cars shall he presentable and in full operable condition.
5. One two foot by three loot wall sign shall be allowed for the operation, subject to review
and approval of City stall'
6. No more than Dive for sale cars shell be kept on site at any given time.
7. No automobile repairs shall be done in the parking lot #or the operation.
8. "] shall be no exterior storage of automobile Darts, accessories, or related items on
site.
9. All noise created from the operations shall be in conformance with Section 401.15.13.] 1
of the zoning Ordinance.
10. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM.
11. Tlic property owner shall work with the adjacent single family owner to determine if any
additional screening or landscaping is necessary in their side yard to screen the
commercial building and parking area. The property owner shall develop a screening/
landscaping plan subject to review and approval of the City staff. The approved
screening /landscaping plan shall be installed 90 days following City Council approval of
the conditional use permit.
12. The property owner shall develop a plan to screen the trash dunnpsters, subject to review
and approval of City staff. The approved screening plan shall be installed 90 clays
following City Council approval of the conditional use permit.
] 3. One additional disability accessible stall shall be designated near the rear of the building,
subject to review and approval of the City staff
14, The tenant may designate tip to Five parking spaces for exclusive use of the auto sales
business.
2
Page 69 of 96
15. The Police Department and Public Works Department shall review the site and snake a
recommendation regarding on- street parking and loading access l 59" Street North,
Olene Avenue North, Olinda Avenue North, and 60 Street North.
16. The property owner shall stripe all 41 parking stalls on the property.
17. No on- street parking is allowed for this business.
18. This conditional use permit shall be reviewed in one year to determine if the business is
in conformance with these conditions oi� approval.
19. If the exterior lighting on the building is non - conforming, it shall be brought into
compliance with City standards.
20. Upon vacation of the premises by the automobile sales business, the applicant or property
owner must contact the City of Oak Park 1 lei ghts.
Approved b the City C:'ouncil of the City of Oak Park 1leights this 25 day of May 2010.
--------------- --- ------- - -- --- ----- ---------------------- ---
David 13eaudet, Mayor
AT" l'1S`1':
— - ..... - ............. .............. - ---------------- - - - - -- -- _..--- .__. . ... .....
l.;ric A..lohnson, City Administrator
3
Page 70 of 96
CITY OF OAK PARK HEIGHTS +DEVELOPMENT APPLICATION
O
14168 Oak Park Boulevard'
P.O. Box 2007 Base Fee:
Oak Park Heights, MN 55082 Escrow Amount:
(651) 439-4439 Fax: (651) 439 -0574
Street Location of Property
Legal Description of Property
Owner: Name
Address:
City: ��..� �/���,^
State: MA Zip: �� x
Telephone: (�lome) . (business) G�J l Gj =� •' .. J J�
(Fax)
r
Applicant: Name_ KK .az?
Address:._ - --
City: �ctt � -- -- State: "' Zip =
Telephone:
(Fax) ------ _ . (Other).
Type of Request(s)
Zoning District Arnendme t r . Home Occupation
" Conditional Use Permit j Site Plan Review
_ Variance: Single Family Residential PUD: Amendment
Variance: Other Residential /Commercialllndustria! PUD: Concept Plan
Subdivision___ PUD: General flan
Subdivision: Minor Street Vacation j
W Comprehensive Plan Amendment City Financial Assistance
Description of Regirest(s):
If a request for planning /zoning action on the subject site or any part thereof has been
�praviatrsly ap vied, please describe it below:
Y/—Z Owner /Applicant Initidls
Page 71 of 96
Development Application, Page 2
General Conditions
Application Review
, The undersigned acknowledges that before this request can be considered and/or approved, all
required information and fees, includingfany deposits, must be paid to the City. An incomplete
application will be returned to the applicant. The application approval process commences and
an application is considered complete when all required information and fees are submitted
appropriately to the City.
Professional Fee Responsibility
It is the understanding of the undersigned that all City incurred professional fees and expenses
associated with the processing of this request(s) will be promptly paid upon receipt. If payment
is not received from the applicant, the property owner ackhowledges and agrees to be
responsible for the unpaid fee balance either by direct payment or a special assessment
against the property.
Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community
Development fees as they are accrued. It is understood that interest will be charged on the
account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past
due. Failure to pay administrative and processing fees in a timely manner may result in denial
of the application. All fees must be paid at the time of application and shall be paid prior to th,
issuance of a building permit.
The undersigned applicant further acknowledges and consents that all unpaid fees owing the
City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for
collection as with delinquent utility billings and may be assessed against the subject real
property if unpaid by October.31 of each year.
Property Address
1 r,� t c? oe - Date:
owner Signat
. - Date: 1 - Z2 - 0
a fore
�"P.Hcant Sign
Page 72 of 96
Page I of 3
Julie Hultman
Frorn: Kevin J. LaCasse [ klacasse @greystone- commercial.com]
Sent: Monday, April 05, 2010 9:19 AM
To: Julie Hultman
Cc: 'Scott Richards'; Eric Johnson; 'Ryan Redmond'; 'Lynn Robson'
Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights
Hi Julie,
Below is the information that Scott had requested that we send you.
Thanks for your help and just let us know if you have questions!
Kevin
From: Ryan Redmond [ma kto:reds82 @live.com]
Sent: Monday, April 05, 2010 8:40 AM
To: klacasse @greystone - commerciaLcom
Subject: RE: CUP Documents- 14398 59th Street, Oak Park Heights
.Julie,
My naive is Ryan Redmond. I am the business that is interested in the 14398 59th street
property in Oak mark Heights. I am in the business of car sales especially on original owner
eehicles to represent high quality and reliability. My primary focus is on the consulting side,
Inding cars and selling cars for individuals. I operate primarily through referrals as I am not
a typical car dealer. I only have on hand 5 cars at most that I sell at a time. This location
looks to be a perfect fit for my business and I would love to operate my business at this
property .I have looked at the CUP and will have no problem working in the parameters of
the CUP. If you have any questions please Feel free to contact me at the number below.
Thank you,
Ryan Re(li on(l
Founder and CEO
O riginai Owner Autos, Inc:
952- 250 -2861
From: klacasse @greystone -commercialcom
To: reds82 @live.com
CC: Irobson @comm- mgmt.com
Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights
Date: Fri, 2 Apr 2010 07:52:08 -0500
Ryan,
Page 73 of 96
4/5/2010
3461472
Office of the
County Recorder
Washington County, MN
Cedified Illed andlor recorded oo:
2004/08119 12:54:00 PM
3461472
p RT Cindy Ko9 Aloft l
aounry llzcotdi
I •. ,i
By:
Return to: I n �f?
ECKBERG, LAMMERS, BRIGGS, WOLF !
& VIERLING, P.L.L.P.
NOTICE OF CERTIFICATION
Attu: Marl( 3. Vierlirig Q%
1835 Northwestem Avenue
Stillwater, Miraijesota 550
(651) 439-2878
Washington county Recorders Office �
wwwm , wa ld ng t on mn.US/recarder.htm 'I
ur document has been recorded however, for your information we suggest that you review your documek.
You may want to re record your document. The following item(s) are missing or in error:
C) Incomplete or incorrect legal description
If Toxrens property recorded'in Abstract
Incorrect reference number
0 Reference number missing
C3 Date missing
Ck Grantor/Grantee. missing
E) Wrong county
YOUR D0CUMENT IS F rLED IN MISCELLANEOUS
1
When re- recording the document, you must reference why the document is being re- recorded or corrected.
Same recording fees will be charged for re- recordings.
COMMENTS:
,
I
DOCUMENT # 7 VW Y771• MAIN # 430 -5755
Page 74 of 96
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
I'ON
CITY OF OAK PARK FIEIGFITS }
I, the undersigned, being duly qualified and acting as City Admirusttator for the City of Oak
Park Heights, Nfinnesota DO HEREBY CERTIFY that I have compared the attached document:
Conditro.nal Use 1 et'xzztt
)%'Ur
wide the original thcr(.of on file at the offices of the City of Oak I is k Heights, and that the s,,m)c is a
full, ts-uc and complete copy, except referenced attachments, which can be viewed at the city offices,
of said document within the files of the City of Oak Pahl Heights.
WITN1 SS my hand and the seal of the City of Oak Park l Ieights, this 261b day of July,
2004.
'i:1f ` x, 1 .1' ''' }�:•Y. ; y. . - i
Eric J ohnsorn
City Admi S 1 U,atc - V ,,!
Page 75 of 96
r
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PE10/RT
FOR
DOOM AND TIIORBUS
IT& No. ° 798. — D ate Sssued: June 22,2004
Legal Description: (Washington County Geo. Code o ),L 711 0 il - I
Tmet A of Registered Land Survey No 1.9, on file and of record iti the office of the Registrar of Titles in and
for WashilIgton. County, Minuesota, except the cast fifteen ( 15.00) feet thereof
Applicaut: David Thozbus
324 South Mama St,
Stillwater, MN 55082
owner-. Oalr Park LLC
324 South Main St.
Stillwater, MN 55082_
Site Ad(lress:14398 59th Street
OAK PARK. f-iEIGff'f S, MN 55082
Present Zoz3i'19 District: B-2
I uses set forth in Ordinance 401 Section 401,30
1, CONDYtIONAL USA, PERMIT FOR:
General Description.
1, The apphcatiozz submitted David Thorbus to alloy outdoor sales of automobiles at 14398-59th Sixest
Be and the same as hereby approved by the City Council of the City of Oak Patk Heights subject to the
following coaditiovs:
]a, ADDITIONAL RESTRICTIONS AND PROVISIONS.
Page 76 of 96
1. All cars sold outside shall be shown by appointment only.
I There shall be no advertising of the business that would invite the public to view the inventory on site.
3, There shall be no special event advertising devices such as business, flags, or prices on window's used
on site.
4. AJl cars shall be presentable and in hill operable condition.
5, One two foot by three foot wall sign sliall be allowed for the operation, subject to review mid approval
of City staff.
g. No rnore than five for sale cars shall be kept on site at any given thee,
7. No automobile repairs shall be done in the parking lot for fire operation.
8. 'There shall be no exterior storage of automobile parts, accessories, or related items on site.
9, All noise created from the operations shall be in cozrt*ornlance with. Section 401.15.13.11 of the Zoning
Ordinance.
10, fire sales operation shall riot be operated betwecn the hours of 10:()0 PM: and 6:00 AM,
11. FtLe property owner shall work with the adjacent single family owner to determine if any additional
screening or landscaping is necessaxy in their side yard to screezr the commercial building atrcl parking
area. The property owner shall develop a screening/landscapiatg plan subject to review acrd approval of
the City staff. The approved sereeukkg/landscaping plan shall be installed 90 days following City
Council approval of the conditional use permit.
12,. 1'he property owner shall devolop a plaza to screen the trash dumpsters, sub, ect to review and approval of
City staff. The approved screening plan shall be installed 90 days following City Council approval of
the conditional rise permit.
13, One additional disability accessible stall shall be designated 'near the rear of the building, subject to
review and approval of the City staff.
14. "['he tenant may designate tip to five parking spaces for exclusive use of the auto sales business.
15. The Police DepartmoiAt and Public Dories Department shall review the site and make a recommendation
regarding on- street parking and loading access for 5W Street North, Olene Avezme North, Olinda
Avemia North, and 60 Street North.
16. Thrc property owner shall stripe all 41 parking stalls on the property.
17, No on- street parking is allowed for this business.
Page 77 of 96
18. This conditional use permit shall be reviewed in one year to determine if the business is in conformance
with these conditions of approval,
19, if the exterior lighting on the building is non- caztforming, it shall be brought into compliance with City
standards.
TTT, Reference Attachment:
'The recommendations of the City Planner date June 3, 2004 as adopted by the Planning Commission and
City Council are annexed hereto be xeforerace.
IN Wl.'T'NESS WHEREOF, the parties )lave set forth their hands and seals.
CITE F -ITS
r
hate; — B
a caude
Ma �r
0
Date, - -... - -. -.. -- 13y
-- _ -- -- __ _ - -- -
Eric Johnson
City Adams' 7ator
David Thorbus
Page 78 of 96
Rri,yrRENCL ATTACHMENT
plannilig Constiltgnt June 3, 2404 report
Page 79 of 96
5776 'Wayzata Soul-6v6rd,- Suit 556, S Louis Park, MN' 6541
Telciphbn6:
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 3, 2004
RE: Oak Park Heights Doom and Thorbus Automotive Consultants
Outdoor Sales and Storage CUP -- 14398 59 Street North
FILE NO; 798,02 — 04.07
BACKGROUND
David Thorbus, owner of Doom and "I"horbus Automotive Consultants, has made
application for a conditional use to allow for outdoor auto sales in the B-2, General
Business District at 14398 69"' Street North, Suite 4, The request is to allow a display
area for five and fewer cars to comply with the State of Minnesota used car vehicle
licensing requirements.
The office area and car display area is behind the NAPA Auto Parts store, No changes
to the exterior of the building or the parking area are proposed. A small wall sign will be
added to the building to identify the business location.
Attached for reference:
Exhibit 1: Plat Map/Site Location
Exhibit 2: Site Survey
Exhibit 3: Site Plan
Exhibit 4: Schematic Drawing of Building
Exhibit 5: Project Narrative
Exhibit 6: Pictures of Site
ISSUES ANALYSIS
Project Request, The request is to allow a maximum of five cars to be displayed for
sale in the B-2, General Business District. Section 401.30.E.6 of the Zoning Ordinance
lists open and outdoor services, sale and rents[ for new Or Used autos as a listed
Page 80 of 96
conditional use subject to conditions, 'Mr. Thorbus, in his narrative, explains that his
primary business is brokering new vehicles through dealers from his office in Stillwater.
A small portion of the business involves wholesale and retail sales of pre -owned cars.
In order to sell used cars, the State of Minnesota requires that a display area be
provided for at least five cars. In that there is no room at his Grand Garage location in
downtown Stillwater, he will maintain a small office and display area in Oak Pork
Heights,
Mr. Thorbus proposes the following for the business at this location;
1. Cars sold retail to the public area shown by appointment only.
2. There will be no advertising that would involve the public to view the inventory at
the site.
3. The public will not be aware of the business as a retail operation. There will be
no business, flags, or prices painted on the windows, A small sigri (two feet by
three feet) would be provided to identify the location. It would be located to the
left of the entrance door to the office, not visible to the street and will not be
lighted..
4, All cars will be presentable and in good condition.
5, No more than five for sale cars will be at the site at any given time.
6. No changes in site lighting will be made.
Surrounding Uses. The building is surrounded on the west and east by commercial
users. To the north is 6d" Street North, which is the frontage road of Highway 36. To
the south is 69 Street and single family properties zoned r -2, Low and Medium
Density residential.
Parking. Currently there are 41 surface parking spaces on site for the building and its
uses. Oak mark Auto has an additional 5 spaces indoors within, their service area.
Napa would require 17 spaces, Oak Park Auto would require 14 spaces, and the two
office spaces an additional 9 (the proposed office included) for a total of 40 r e .quir ed
parking spaces.
With 46 total spaces on site, there is adequate stalls to allow the five additional spaces
required for the auto sales business. The stalls abutting 59 Street and Olene Avenue
North are not conforming with current parking standards in that they back out directly
onto the right -of -way, The site design is grandfathered and would be allowed to
continue. There has not been problems in the past with this design in that both of the
streets do not have high traffic counts,
2
Page 81 of 96
Only one disability accessible stall is indicated on site and it is near the front entrance to
the NAPA Store. In order to comply with State of Minnesota standards, an additional
stall should be designated near the rear of the building.
Signage. The applicant has indicated that a six square foot sign would be proposed
on the left side of the entrance door to the office space. The sign would not be lit. The
sign would be allowed as provided under Section 401.15.G, Signs of the Zoning
Ordinance.
Lighting. No additional site lighting is proposed.
Trash Enclosures.. The pictures of the site indicate that at least two dumpsters for the
site are stored outside with no screening. To be consistent with zoning Ordinance
standards, the dumpsters should be stored indoors or provided with a screening
enclosure. The property owner will be required to submit a plan indicating enclosures
for the dumpsters.
Conditional Use hermit Criteria. Section 401.50,E.0 of the Zoning Ordinance lists
criteria for consideration of open and outdoor sales fees for new or used automotive
businesses, The criteria and staff comments are as follows:
C9 , Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting residential district in compliance with Section 401.15,E of this
Ordinance,
The five parking spaces to be utilized for outdoor sales are adjacent to the
entrance door for the office on 59 Street North. The parking stalls back directly
onto 59 Street which is not allowed by current Zoning Ordinance performance
standards but has been grandfathered as part of this building. The use directly to
the south from this parking area is the side lot of a single family property zoned
R -2, Low and Medium Density Residential.
While landscaping on the subject property is not possible, the property owner
should work with the adjacent single family owner to determine if any additional
screening or landscaping could be placed on their property.
b. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of-way or from neighboring residences and shall be in
compliance with Section 401.15,13.7 of this Ordinance.
No new lighting is proposed. Any screening as provided above should prevent
existing lighting to interfere with the single family use.
c. Sales and storage area is biacktopped or concrete surfaced and all paved areas
are surrounded by concrete curbing.
3
Page 82 of 96
The area proposed for the car display area is currently paved. No cars will be
stored in the fenced area.
d. The architectural appearance, scale, construction materials, and functional plan
of the building and site shall not be dissimilar to the existing nearby commercial
and residential buildings, and shall not cause impairment in property values, or
constitute a blighting influence within a reasonable distance of the site.
The building will not be altered from what exists.
e. Adequate analysis and provisions are made to resolve issues related to demand
for services. No use shall be allowed that will exceed the City's ability to provide
utility, police, fire, administrative or other services to the site.
There would be no service issues resulting from this use.
f, All islands in the parking lot shall be landscaped.
No changes to the parking areas are proposed,
c. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking driveway areas adjacent to lot lines and the public right- ofwwaY.
The parking areas were established before current parking performance
standards and are grandfathered.
h. All automotive repair activities shall be conducted within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
No repair activities will be conducted as part of they requested use.
i, f=acilities on a site contiguous to any residential district shall not be operated
between the hours of 10:00 PM and 0:00 AM unless otherwise allowed by formal
action of the City Council.
The hours listed above shall be made a condition of the approval.
j, Provisions are made to control and reduce noise in accordance with Section
401,15.8.11 of this Ordinance.
There should be no excessive noise resulting from this use.
k. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401.15.1" of this Ordinance and shall be
subject to the approval of the City Engineer.
4
Page 83 of 96
10, The sales operation shall not be operated between the hours of 10:00 PM and
0:00 AM.
11, The property owner shall work with the adjacent single family owner to determine
if any additional screening or landscaping is necessary in their side yard to
screen the commercial building and parking area. The property owner shall
develop a screening/landscaping plan subject to review and approval of f City
staff. The approved screeningll and scaping plan
following City Council approval of the conditional use permit.
12. The property owner shall develop a plan to screen the trash dumpsters, subject
to review and approval -of Cifiy staff. The approved screening plan shall be
installed g0 clays following City Council approval of the conditional use permit.
13. One additional disability accessible stall shall be designated near the rear of the
building, subject to review and approval of the City staff.
14. Any other conditions of City staff, the Manning Commission, and the City
Council,
6
Page 84 of 96
Oak Park Heights
Request for Council Action
Meeting Date May 2010
Time Required- Minutes
Agenda Item Title: Amendment to City Planning Consultant Firms
Agenda Placement New Business-,
Originating Depaitment/Reqhie std i°,! ! �giic Ahnsol
istrator
77
Requester's Signature
Action Requested See &Aow__--
f
Backgrourid/3 ustfficatiOYI (Pleas q hidicate if any previous action has been takeu or if
other public bodies have advised
1 if ,
The City has been informed by Scott Richards that he will he leaving Northwest Associated
Consultants (NAC) to join The Planning Company (TPC). Despite the extensive 20+ year history
the City has with NAC, our essential services have been solely provided by Scott Richards and
do recommend maintaining such services with him.
The current agreement with NAG is NON-EXCLUSIVE and has a 30-day termination clause.
The firm known as TPC, where Mr. Richards will be moving to, has provided a sample Service
Agreement and proof of insurance.
Requested Actions.
I. Authorize the City Administrator to negotiate and execute a SERVICE AGREE MENTwith
TPC to be effective June 1", 2010 subject to the review of the City Attorney, TPC rates are
similar to NAC, ($1,800 per rnonth retainer),
2. Authorize the City to send a communication to NAG informing them of the City's
termination of our relationship effective July 1st, 201 and that they provide copies of City
—related documents that the City may deers as necessary.
Page 85 of 96
X
AGREEMENT FOR PROFESSIONAL PLANNING I V E
ry
THIS AGREEMENT, dated and entered into and betWeen the
CITY OF OAK PARK HEIGHTS, WASHINGTON COUI, " MINN SOTA/,�ereinafter
'LL
referred to as the "City" and THE PLANNING COMPAN' L here inafte r/eferred to as
the "Consultant".
f
WITNESSE H.
ART ICLE I. AREA OF SERVICE
That the City does hereby agree R ernplo the Consultoht to render professional
/
technical planning and developmenf\\assis see rvic
9t to the extent and kind
described in Article 2 below in and for the' 9ty /of Oak Park/Heights, Minnesota.
\
ARTICLE 2. SERVICES OF THE CONSULTANT
The Consultant hereby agrees to render the professional services as follows after
receipt of a written or verbal work authorization by the City Administrator
A. Technical Planning and Development Assistance
I . Provide general assistance and consultation to the City, regarding the
City's planning zoning, subdivision and development projects, and related
functions and activities. Services shall be rendered on an as needed
basis to be determined by the City.
2. The Consultant will prepare written reports, complete with planning
considerations, concerning Planning Commission agenda items which
deal with rezoning, conditional use permits, variance and subdivision
plans, etc. as directed by the City.
B. Meeting Attendance:
1 . The Consultant shall attend staff meetings meetings as directed by the
City.
2, The Consultant shall attend advisory committee, and/or City Council
meetings as directed by the City.
Page 86 of 96
City of Oak Park Heights
Page 2
3 The Consultant shall attend other special meetings or work sessions as
directed by the City,
4. The Consultant may attend agenda meetings when the Consultant has
items to be placed on the City Council agenda relating to assigned
projects. Attendance as said meetings shall be billed to those projects.
C. The Consultant shall maintain and store files, maps and graphics of projects in
which it has or is currently involved in until such time as the City requests the
relinquishing of these materials. Upon request by the City, the Consultant shall
return all such files, maps and graphics, whether in paper form or stored on other
media, to the City at no cost to the City.
D. Any services performed under this Article will be billed on a monthly basis as per
Article 4 of this Agreement.
AR"NGLE 3. SERVICES OF THE CITY
The City hereby agrees to furnish to or make available for examination or use by the
Consultant, without charge, the following:
& Agendas for all Planning Commission, City Council or other meetings when
attendance of the Consultant is required within a reasonable time to allow for
review of each item on the agenda.
B. Copies of all materials and documents applicable to projects in which the
Consultant is involved shall be provided by the City to the Consultant. All copies
of said materials and documents shall be submitted to the Consultant within a
reasonable period of time before any meeting at which they are to be considered.
When written reports are required, copies of all materials and documents shall be
submitted to the Consultant not less than ten (10) working days or within a
reasonable period of time to permit proper evaluation prior to the meeting at
which they will be considered. All original documents, including applications
shall remain with the City.
C. Available materials and documents, as determined by the Consultant, that are
necessary for the services to be performed.
D. In the case of lawsuits or legal actions by a third party brought against the City in
which the Consultant is named, the City shall assume responsibility and expense
for legal defense of the Consultant unless such action is the result of the actions
or inactions of the Consultant.
Page 87 of 96
City of Oak Park Heights
Wage 3
ARTICLE 4. PAYMENT
The City hereby agrees to pay the Consultant for professional services included in
Article 2 of this Agreement as follows:
A. Technical planning and Development Assistance:
1 The work described in Article 2.A of this Agreement will be charged on a
time and materials basis, including mileage, supplies, postage, graphic
materials, printing and/or labor in accordance with the rate schedule
included in Article 7 of this Agreement. Labor involving City initiated
projects, as contrasted to private development projects, shall be charged
at a fifteen (15) percent reduction in hourly rates.
2. bequests involving single family properties, including requests for
variances, conditional use permits and minor planned unit development
amendments shall be charged at rates applicable to City initiated projects
for an amount not to exceed three hundred ($300.00) dollars. For projects
that exceed the maximum budget, the Consultant may request
reimbursement with approval of the City Administrator if the work involved
surpasses what was initially anticipated for the single family property
request. The City Administrator and the Consultant shall agree on a
case -by -case basis as to what projects are to be classified as single family
property requests before commencing work.
B. General Retainer:
1. The general retainer amount shall be established can a yearly basis and
included in Article 7 of this Agreement.
2. The Consultant shall prepare for and attend up to two (2) City Council
meetings, one (1) Planning Commission meeting and five (5) staff
meetings per month. Additional meetings can a calendar month basis
shall be billed to a maximum amount of two hundred ($200.00) dollars per
public, work session or special meeting.
3. The Consultant shall provide up to three (3) hours per calendar month of
telephone calls, file research and responses to requests for information
from City officials, City staff and City consultants regarding the City's
Comprehensive Plan, development controls and general planning and
zoning matters. Work beyond three (3) hours per calendar month or work
on specific development projects shall be addressed in accordance with
Article 2.A of this Agreement.
Page 88 of 96
City of Oak Park Heights
Page 4
C. The Consultant shall submit a statement of services rendered under Article 2 of
this Agreement on a monthly basis payable by the City upon receipt of an invoice
showing work completed.
D. If the City finds it necessary to abandon requested work, the City shall notify the
Consultant in writing and the Consultant shall be compensated for all work
completed and materials expended.
ARTICLE 5. OTHER PARTIES
A. The Consultant shall refrain from undertaking projects for public or private clients
that may represent a conflict with the City's interests. Prior to the Consultant
undertaking any work which holds such potential, the City shall have the right to
approve or veto this activity.
B. It is mutually agreed that this Agreement is not transferable by either party to a
third party without the written consent of the other.
C. The Consultant's reports and other original materials prepared in the
performance of this Agreement are instruments of services and remain the
property of the City. However, any further distribution of these reports by the City
must note the Consultant as the source.
ARTICLE 6. TERMINATION
A. This Agreement may be terminated by either party delivering to the other party
written notice of termination in which case this Agreement shall be deemed
terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said
written notice.
B. In the event of termination by the City, the City shall pay the Consultant for work
completed prior to the termination date on a time plus materials basis, such
payment to be made within thirty (30) days after receipt of City of a final invoice
showing work completed. All materials shall be retained by the Consultant until
all payments due from the City have been received by the Consultant.
C. In the event of termination by the Consultant, the Consultant shall forward to the
City on or prior to the termination date any unearned fees or retainers held by the
Consultant shall be returned to the City within thirty (30) days of termination date.
Page 89 of 96
City of Oak Park Heights
Page 5
D. This Agreement shall be effective upon being duly executed by both parties
hereto and shall remain in effect until terminated by either parting as provided for
by Article 6.A of this Agreement.
ARTICLE 7. CONSULTANT RATE SCHEDULE (effective 8 March 2010)
General Retainer ......... ............................... $1,800.00 per month
Principals . . ...................................... ...................... $120,00 per hour
Outside Consultants. _ __ . .......... ......................... Per job basis
Supplies ..... ... _ ... ...... ............ _ .................... ....... Actual cost + 15%
Mileage ............ .................................. ............... Per rylile rate as
established by the IRS
ART�GLE & MISCELLAMOUS
A. In providing services hereunder, the Consultant shall abide by all statutes,
ordinances, rules and regulations pertaining to the provisions of services to be
provided.
B. The Consultant shall defend actions or claims charging infringement of any
copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and the Consultant shall hold harmless the City from
loss or damage resulting there from.
C. Insurance:
1 The Consultant shall secure and maintain such insurance as will protect the
Consultant frog claims under automobile liability, and from claims for bodily
injury, death, or property damage which may arise from the performance of
services under this Agreement. Such insurance shall be written for amounts
not less than.
a. General Liability $1,000,000 each occurrence/aggregate
b. Excess Liability: $2,000,000 each occurrence/aggregate
C. The City shall be named as an additional insured on the general
liability policies.
Page 90 of 96
City of Oak Dark Heights
Page 0
2. The Consultant shall secure and maintain a professional liability insurance
policy. Said policy shall insure payment of damages for legal liability arising
out of the performance of professional services for the City, in the insureds
capacity as consultant, if such legal liability is caused by a negligent act,
error or omission of the insured or any person or organization for which the
insured is legally liable. Said policy shall provide minimum limits of
$1,000,000 with a deductible maximum of $125,000 unless the City agrees
to a high deductible.
3. The Consultant shall provide the City a certificate of insurance evidencing
the required insurance coverage in a form acceptable to City. The certificate
shall provide that such insurance cannot be cancelled until thirty (30) days
after the City has received written notice of the insurer's intention of cancel
this insurance.
D. The City hereby retains the Consultant as an independent contractor upon the
terms and conditions set fortis in this Agreement. The Consultant is not an
employee of the City and is free to contract with other entities as provided herein.
The Consultant shall be responsible for selecting the means and methods of
performing the work. The Consultant shall furnish any and all supplies, equipment,
and incidentals necessary for the Consultant's performance under this Agreement.
The City and the Consultant agree that the Consultant shall not at any time or in
any manner represent that the Consultant or any of the Consultant's agents or
employees are in any manner agents or employees of the City. The Consultant
shall be exclusively responsible under this Agreement for the Consultant's own
FICA payments, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self- employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
CONDITIONS HEREIN AGREED TO:
THE PLANNING COMPANY LLC
D. Daniel Licht, AICP
Managing Director
Page 91 of 96
City of Oak Park Heights
Page 7
CITY OF OAK PARK HEIGHTS, MINNESOTA
David Beaudet, Mayor Date
Eric A. Johnson, City Administrator Date
Page 92 of 96
_ C(ORES° CERTIFICATE LIABILITY U oP ID � L DATE {MMfDDlYYYY,
. _ _ 04/29/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURER, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate ho lder in li of such endorsement(s),
PRODUCER NAME:
Associated insurance Agents PHONE
Incorporated .� tC No, ExtZ_ -- -- - -- - ..... . E {A IC, No)i......._.........
raAr� -- - --
2800 Freeway Blvd ADDRESS:
Minneapolis MN 55430 -1751 CU ST OM ER " "
p cus7 oMER I D 1f: PLANN -2
— - - - - -- - -- - .._._......__ - ._._._..._: -
..._ -._.
Phone:763 -549 -2200 Fax:763 -549 --2299 IN NAJC V
INSURED INSURERA: Hartford Insur Co 29424
_ _ .... _. ......
The Planning Company, LLC INSURER B:
D. Daniel Licht .. -
3601 Thurston Avenue N, ##100 INSURER C:
Anoka NN 55303 " - . . .... ._ ..... _.. _ " - - - - - --
INSURER D : I
INSU E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY I'HAT THE PGL3CIES OF INSURANCE LISTED BFI.OVt' 1 -IAVE BEEN ISSUED TO 1 HE INSURED NAMED ABOVE FOR'rHE POI.JCY PERIOD
INDICATE[), NOTWITHSTANDING ANY RLQUIRF.MENT, TERM OR CONDETIOIJ Of: ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOW HICK I HIS
CERTIFICATE: MAYBE ISSUED OR MAY I'FRTAIN. 'i HE INSURANCE AFFORDED BY THE. POLICIES DE.SCRIBF-_D HE:RE114 IS SUWE CT TO ALL THE TL iVIS,
EXCLUSIONS AND CONDITIONS 01 Sl1CH i : i.mTs SHOWN IJ,AY HAVE- BEEN REDUCED BY PAID CLAIMS -
?ACSUI �f1BF<...,. °- - ......... F6l�CYTFF MM n YYY ] '
ADD " POLICY NUMBER (MMIDDIS'YYY) , ( LIMIT'S
1NSR TYPE OF INSURANCE WVO
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GENERAL LIABILITY EACHOCCURREN s- 2000000
CF:
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A . c: oMMI RC ,IALC;t= NE- RALE.inriu.rrY 7635492206 ion /s"r /J.o e /_" _ PREMISES(I_e_cccurrencel 100000
CLAIMS- MAt)I` - I OCCl1R j li MEDEXP [Any one person) i s - 50000 .. . --
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'` PERSONAL & ADV INJURY 2000000 -_ -- - -- -,.
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CENERAI_AcGRE.GATF s 4000000
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DESCRIPTION OF OPERATIONS heiow I
DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 701, Additional Remarks Schedule, if more space is required}
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CTTX0A4 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oak Park Heights
City Administrator AUTHORIZED REPRESENTATWE
Eric A. Johnson
14168 57th Street North
; Oak Park Heicfhts MN 550132
U 1809 ORATION. A11 rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Page 93 of 96
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Page 94 of 96
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Oak Park Heights
Request for Council Action
Meeting hate Mav 25 2010
Time Required: 3 Minutes
Agenda Item Tit1c: _p rove Resolution Proclaiming June 12` 2010 as a "flay Day" ire the
C jI ot ( lk_Park f le4J - its
/agenda Placement -_ New Business ,- ,. _W_._.._.__._..._._----- _ - - -__— -
Originating Department /Requestor C',ouncilmember McComber
Request( Signature
Action Requested ___Al.) r R,c s��luii011
Bask round /iusti . ication (Please indicate il^any previous action has been taken or if other public
bodies have advised.):
See Attached Resolution, this is required as Bart of the City's 2010 Playful Cities Application.
Page 95 of 96
RESOLUTION
A Resokution Proclaiming June 12 ", 2010 as a "flay Day" in the City of Oak Park Heights
Whereas, play is a crucial factor in the overall well - being; of children, and;
Whereas, playspaces and playgrounds within walking distance of children's homes are missing
from many communities and neighborhoods, and;
Whereas, unstructured, unplanned, spontaneous, and self- motivated play is on the decline, and
Whereas, fewer children spend time outside at parrs and playgrounds, and;
Whereas, recess is being shortened or removed from school curriculums, and;
Whereas, children who play are healthier and suffer less obesity and obesity - related health
problems such as diabetes and heart disease, and;
Whereas, children who play do better{ in school and develop cognitive: shills that are linked to
learning aDd academic poi and;
Whereas, children who play learn the social skills that help them become happy and well. -
ac1_justed adult. and;
Whereas, parents, schools, child care centers, nonprofit organizations, businesses, churches,
synagogues, mosques, and all interested parties wish to raise this corrrrrnunity's children to
become healthy, happy, and successful adults.
NOW THEREFORE, REFORE, BE IT RESOLVED that the City Council does proclaim dune 12` 2010
an official "Play Day and urge all citizens to celebrate Play Day and support efforts to build
and maintain playspaces, playgrounds and to provide; for other outdoor experiences in tlre.ir
communities and neighborhoods.
Passed by the City Council for the City of Oak Park Heights this 25th day of May 20100
David Bea det, Mayor
Attest:
Erie Johnson, City Administrator
Page 96 of 96