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2002 07-08 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION July 8, 2002 6:00 P.M. Conference Room A 1. City Council discussion of agenda items and questions 2. Dan Ruis, Hem Recylcing Group 3. Request of Watershed Management Commissions for public forum 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers L n, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: June 26, 2002 SUBJECT: Hennepin Recycling Group The new director of the Hennepin Recycling Group, Dan Ruis, will be making a short update to you on an area wide cleanup that will be held in Robbinsdale, Crystal, and New Hope. Last year the City Council and the Financial Commission had a presentation made to them by Marilyn Corcoran about a potential ongoing pickup of items. The proposal going forward in the three other cities in 2002 has been described as a one -time event. Last year the City Council consensus was against participating in the area wide cleanup. Since the proposal has changed to a one -time event, I have asked Mr. Ruis to make a presentation to you. We had previously discussed this issue briefly in March of this year. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY WIDE CURBSIDE CLEAN UP What is a curbside clean up? p • A special collection event where residents can get rid of household junk without having to haul the material to a disposal site. What is accepted? • General household junk • Furniture /mattress and box spring • Carpet • Construction materials — lumber, doors, windows, etc. • Scrap metal • Appliances • Size, weight and preparation instructions would apply to most items Who is eligible? • Single family through eight unit households Logistics • Material at curb no more than two days before pick -up • Saturday collection — late September /early October • Three waste streams Benefits • Easy disposal of bulky household items • Cleaner neighborhoods • Positive publicity through city provided services Drawbacks • Not a fully comprehensive list of materials • Limited cost comprehension. • Illegal dumping Promotion • City newsletter • Local newspaper /television • Utility insert/direct mail Cost • Approximately $15 per household: - Brooklyn Center $123,400 - Crystal $115,700 - New Hope $77,000 - Total $316,100 Who gets the bill? • Reserves from the Hennepin Recycling Group enterprise fund will pay for the program this year. Next Step • Survey — Decision Resources, Inc. SpruceUp the Park Y Neighborhood Curbside Cleanup Saturday, dune 8, 2002 - One Dav Only! The City of Brooklyn Park has approved a curbside clean up for this year's Spruce Up the Park focus neighborhood. Any resident or property owner in this area (Zane to Lakeland /W. Broadway & 73rd to 1 -94) may participate and there will be no direct charge for this curbside service. Using revenues collected through the City's recycling fund will pay for the cleanup. Seniors or residents who are disabled and need assistance to prepare for the cleanup should contact your Block Club Captain, the Community Emergency Assistance Program HandyWorks Program (CEAP) at 763- 566 -9600, ext. 25 or the Spruce Up the Park Coordinator at 763-315 - 84.60 no later than Wednesday, May 291h. A limited number of households will be linked with local volunteers to help with your cleanup preparation needs. • Do not put materials out more than two days before the scheduled cleanup day. • Set materials at the curb before 7a.m. on Saturday, June 8. • Trucks wi/ /go through on/yonce. if you miss your curbside pick -up, please call your regular trash hauler who will pick up your waste for a fee at your expense. • Please separate items into three piles- refuse, brush, and appliances. Place the appliances on the opposite side of the driveway of other waste. • Note: Up to three separate trucks will go through the neighborhood to pick up the different types of waste. (See other side) P5200 Community Development Department Code Enforcement & Public Health Broo Pack 85` Ave�N, Brooklyn Park, MN 55443 -4300h City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Las , Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: June 26, 2002 SUBJECT: Request of Watershed Management Commissions for Public Forums Attached is a copy of a letter from the Shingle Creek and West Mississippi Watershed Management Organization Chairs. They have requested a meeting with City Councils and Advisory Commissions regarding their general solicitation of comments from the general public. The watershed management commissions have also substantially increased their proposed and apparently adopted by the commissions, 2003 budgets to pay for increased educational activities. I am also enclosing a copy of their approved budgets. The issue for the Council is how you wish to respond to the June I 9th request for public meeting and how you would like to structure it if you would like to q p g Y Y participate. I 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 WATERSHED MANAGEMENT COMMISSIONS 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 Telephone (763) 553 -1144 • Fax (763) 553 -9326 June 19, 2002 Dear City Manager: The Shingle Creek and West Mississippi Watershed Management Commissions request your assistance in obtaining public comment on the proposed program initiatives and capital improvement program of the Second Generation Watershed Management Plan. In August, 2001 gu the Commissions hosted an Open House to kick k off the Second Generation lannin process p g p ss and obtained initial public input as to the areas of concern from city officials, property owners, and residents. Unfortunately, that Open House was lightly attended. Another Open House to conclude the planning process was planned for this summer, but based on the poor response last summer the Commission has developed a new strategy for obtaining public comment on the proposals and recommendations of the Plan. This strategy has two parts: meet with city councils /advisory commissions directly to get their input; and use local media to provide information to and solicit comment from the general public. The Commissions will then take public input at their regular August 8, 2002 meeting, which will be held at 7 p.m. at Lancer =s at Edinburgh in Brooklyn Park. Public input and comment would be taken through the end of August. For the first part of the strategy, the Commissions request that each city determine as soon as possible an appropriate citizen forum: B such as a city council meeting, planning commission meeting, or meeting of some other group such as an environmental or park and recreation commission B for a presentation of the recommendations of the Second Generation Plan for discussion. We envision the presentation would begin with the city - -s Commissioner making a brief introduction of the Commissions and what they do. Commission staff would then provide a 10 -15 minute summary of the main elements in the plan and answer questions. Ideally we would hope to have these presentations completed in the ten cities as soon as possible, but definitely by the end of August. We would hope that cities would invite members of all the relevant citizen groups to the meeting at which the presentation will be made to get a broad representation of interests. We realize councils and commissions have busy agendas, especially as budget deliberations approach, and may find it difficult to schedule such a presentation. However, the watersheds= member cities have often stated that it is important to them that water resources be managed by a locally - controlled joint powers commission rather than by a watershed district. These presentations are part of the process of demonstrating that the joint powers ;model of watershed governance can and does work. We appreciate your consideration ofthis request. Steering Committee Chair Diane Spector, Montgomery Watson Harza, will coordinate these presentations and can answer any questions you may have. Please contact her at 763 -595 -5268 at your earliest convenience so we can develop a schedule for presentations to the ten cities. Thank you. Sincerely, j Tom Mathisen, Shingle Creek WMO Chair Gerry Butcher, West Mississippi WMO Chair TM/GB:DS:ja J:\ CLIENTS \S \SHINGLEC\2NDGEN\CITYMGRS.DOC SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CHAMPLIN • MAPLE GROVE • OSSEO SHINGLE CREEK WFiTERSMEO MORGEMENT COMMISSION 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 . Telephone (763)553 -1144 • FAX (763)553 -9326 June 21, 2002 Dear City Manager: Enclosed please find the 2003 budget approved by the Shingle Creek (West Mississippi) Boards of Commissioners at their June 13, 2002 meetings. Also enclosed are additional background materials regarding the budgets and their components. This budgets have been significantly reduced from the proposed budgets included in .the materials sent to you for the May 23, 2002 Policy Maker's Planning Session, although they include a greater than usual increase. Attendees at that planning session suggested ramping up member assessments more slowly than was proposed and, in response, the Commissions have delayed implementation of some of the Second Generation activities to future years. The budgets include implementation of the expanded education program (see enclosed Education Plan Summary); implementation of the NPDES phase II education, outreach and housekeeping training activities; and additional water quality monitoring. The budgets also provide for development of a master Water Quality Plan in 2003 that would be used to define and prioritize future resource management plans and potential capital projects. In Shingle Creek, funds proposed for a resource management plan on an unspecified lake were eliminated from the 2003 budget. The proposed contribution to the new Construction and Grant Matching Fund was substantially reduced. Until that master Water Quality Plan is completed, the Commissioners were not comfortable budgeting funds for additional resource management plans or unspecified capital and other projects. Finally, more information was requested at the Planning Session about which Second Generation activities in 2003 were considered to be meeting the Second Generation standards, and which were considered to be "beyond the minimum." An enclosed table attempts to do so. It is difficult to estimate the cost of many of these activities, as they depend on specific proposals that will come out of the resource management plans. For example, promoting Shingle Creek as a wildlife corridor might mean anything from leaving a wider unmowed strip with more native plantings adjacent to the creek to purchasing land and restoring habitat. Resource management plans would be prepared cooperatively with cities, residents, and agencies, so there would be ample opportunity to identify options and debate costs during that plan development. If you have any questions about the budgets, please contact Diane Spector, Montgomery Watson Harza, 763 - 595 -5268. Sincerely, C�--1 C-J. ; a Judie A. Anderson Executive Secretary DS:JAA:tim Enclosures cc: Commissioners Steering Committee J:I CLIENTSV S\SHINGLEC\13UDGET03\LETTERI.DOC BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE - MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE 2003 Budget - Shingle Creek Watershed Management Commission A B C D E F G Actual Approved Approved 2002 2003 - 3 - INCOME _Member - As - s en smen - 150,001! 157,500 247,800 - 'Grant Income _2nd Generation 15,6001 Met Council Grants iTMDL Study 113,0001 !Twin Lakes MEP Grant 14,0001 7T Interest Income ___ 2nd - Generation Carryover 9,1001 10,0001 5,660 7T 54,0001 ------- Application Fees 10,000 7T Escrows 4 Regional Pond Investigation - Reserve 52,6 T TOTAL L IN - 16, 2 f 011 401,1501 262,800 lb 17 APPROPRIATIONS TT Eing ing S ervices ng n _6 _S_ Management Plan - 7 - 9 _0 tr_oject _Review________ 9 --- 23,785 --- 2 8 ,0 00T -- General Administration 66,024 Y8_,0 n _ _00T 22 1 Field Inspection - 2,053 01 23 I Second Generation Plan 41,749 42,000 24 I 1 I ICarryover 29,0001 1 25 1 1 '1 Grant Application /Research 1 7,500 1 26 1 � Total Engineerinq Servs 133,6901 137,000 85,500 1 21 1 i Legal 1 28 1 1 General Legal I 7,3081 16,750 12,500 1 29 I Second Generation Plan 4,0001 :30 Carryover 2,0001 31 1 Total Legal 7,308 22,750 12,500 1 321 !Administrative 1 33 1 General Administrative 50,4731 40,0001 45,000 34 1 Engineering Support 1 7,000 35 I Project Reviews/WCA 1 4,000 36 1 Second Generation Plan 5,267 7 1 Carryover 4 31 1 : 500 3u" 38 1 1 55,740 51,800! 56,000 391 Miscellaneous 1 40 1 Hennepin Conservation Dist - Mapping 300 41 1 icarryover 77001 42 1 IMeetinq Expense 2,635 1:800 2,700 43 1 Accounting 2,800 44 I Audit 5001 5001 1,500 45 I Escrow Projects 01 0 46 1 Insurance and Bonding 1,8431 4,000 2,500 4( 1 Contingencies 1,000 5,000 48 1 1 Total Miscellaneous 4,978 15,300 14,500 1 49 1 Programs bU I j I Macroinvertebrate Monitoring 2,000 3,0001 3,000 I Lake Monitoring - CAMP 2,750 6,5001 7,000 52 1 Stream Mon - Upper Watershed 1 12,7631 11,000 11,250 1 t0 I lOutlet Monitoring 133961 11,000 11,250 1 54 Reconnaissance 6:188 1 bb I Welland Monitoring 3,000 1 bb I Water Qualitv Education O� 1 51 1 Phosphorus Management 3,150 I b8 I Educational Materials 1,5751 15y I 'Web Site 5,0001 5,000 1 bu I NPDES: Particii)a-cleanUD open house I 1i - 1,575, 1,500 1 6 1--- �NPDES: Public Educa and outreach 2,500 1 NPDES: Outreach-grants for education 2,500 FM I b3 I Education Grants 2,500 1 64 1 Education Program 15,000 1 65 I Total Programs 37,097 42,800 I 64,500 06.13.02 BUDGET03adopted.xis 2003 Budget - Shingle Creek Watershed Management Commission �AIBICI D I E F I G Actual Approved Approved _ 2001 2002 2003 bb I Resource Management Projects 67 Twin Lakes MEP Grant 4,500 Tr ` -- ;Twin Lakes Study - 5001 - I � +- 14,000 -- - - - - -- _ TMDL Study CarryoveE j - 113,000 77 Water Quality Plan (2 7,500 Con tr ct ion /M I s u atching Grant Fund 15 000 Total Resource M,gmt Projects 0 _ 131,500 ! _ 22,50 TOTAL AP P ROP RIATIONS _ 238,8131 401,1 255,500 -- To /F R eserve - — - — — - - { - -- - - -- - 62,612 - - - -- - O - -- - -- - I Ending F Balance is/wil b be 120,8471 — 120,847 128,147 bu CONSTRUCTION /MATCHING GRANT FUND Capital Contribution 15,000 Interest Income 3751 TOTAL INCOME 15,375 Appropriation 0 Appropriation 0 TOTAL APPROPRIATIONS 0 FUND BALANCE 15,375 06.13.02 BUDG ET03adopted xls Shingle Creek/West Mississippi 2nd Generation Plan Proposed Educational Program 6/13/02 Tar get Audience Educational Activity General Public ♦ Annual Open House ♦ Annual Report ♦ Articles to local papers, cable TV, city newsletters 3-4 times per year on water quality and related topics ♦ Information/presentations at community events Useful information and links posted on Commission's website Property Owners/ ♦ Annual Open House Residents in Watershed ♦ Annual Report ♦ Articles to local papers, cable TV, city newsletters 3-4 times per year on water quality and related topics ♦ Information/presentations at community events ♦ Handouts and how -to's on water quality and related topics ♦ Useful information and links posted on Commission's website ♦ Attitude survey every 3 years ♦ Encourage and support property owners to become demonstration sites for BMPs ♦ Work with Hennepin County and local recycling coordinators to provide compost bins and rain barrels at a reduced cost ♦ Continue and expand sponsorship of volunteer monitoring programs such as macroinvertebrate monitoring, wetland monitoring, and CAMP Elected Officials, ♦ Annual Open House Commission Members, ♦ Annual Report City Staff ♦ Articles to local papers, cable TV, city newsletters 3 -4 times per year on water quality, NPDES Phase II and related topics ♦ Useful information and links posted on Commission's website ♦ Workshops such as Project NEMO (Non -point Education for Municipal Officials) ♦ Continue the Communications Committee to coordinate information and education program with city efforts ♦ Provide watershed education opportunities at city events ♦ Facilitate NPDES Phase II good housekeeping training and education Developers ♦ Design standards and application forms posted on Commission's website ♦ Work with developers before, during, and after plan review process to provide education on the proper design, construction, and maintenance of BMPs Lakeshore Property ♦ Annual Open House Owners ♦ Annual Report ♦ Articles to local papers, cable TV, city newsletters 34 times per year on water quality and related topics Useful information and links posted on Commission's website ♦ Workshops on lakeshore management BMPs ♦ Encourage and support lakeshore property owners to become demonstration sites for BMPs Students ♦ Annual Open House ♦ Articles to local papers, cable TV, city newsletters 3 -4 times per year on water quality and related topics ♦ Useful information and links posted on Commission's website ♦ Continue and expand sponsorship of volunteer monitoring programs such as macroinvertebrate monitoring, wetland monitoring, and CAMP ♦ Sponsor Water Quality Education Grants to K -12 educators to promote increased and improved water quality education and participation ♦ Sponsor Water Quality awards to recognize outstanding projects accomplished by students ♦ Provide watershed education opportunities at school events J: \CLIENTS\S\ MNGLEC \13UDGET03\educationprogamdoc Shingle Creek/West Mississippi 2 " Generation Plan Comparing "Minimum Goals and Policies" to Proposed Goals and Policies (Bulleted Items in Bold Can be Considered As "Beyond the Minimum ") Minnesota Rules 6/20/02 Requirement (Cha 8410 .0080 ) Minimum Standard Second Generat Plan Pro _ Subp. 2. Water ♦ Establish allowable peak runoff rates for ♦ Continue allowable peak runoff rates for management sectors quantity. management sectors ♦ Commission regulates runoff rate and water quality control for ♦ Manage runoff from developments creating developments of certain sizes regardless of amount of new more than one acre of new impervious impervious surface created; members cities regulate all other surface developments ♦ Infiltrate a certain percent of runoff in 72 hours, based on soil type* Subp. 3. Water ♦ Establish numerical water quality goals for Establish numerical goals by: quality. each water resource taking into account land ♦ Establishing baseline parameters for each resource use, water quality standards, and intended ♦ Prioritizing water resources use ♦ Establishing attainable use for each resource based on physical characteristics and land use ** ♦ Working with cities, residents, and agencies to develop management plans that identify intended uses and qualitative goals and establish numerical goals for water quality parameters ** Subp. 4. Recreation ♦ Identify how water resource based ♦ Water resource based recreational activities and wildlife and fish and wildlife. recreational activities and wildlife interests interests protected or improved by striving for water quality will be protected or improved, and if that supports these activities resources should be classified or prioritized ♦ Recreation, fish and wildlife interests will be included in the prioritization, use attainability, and management plans developed under Subp. 4. ** ♦ Streams and rivers promoted as wildlife corridors ** ♦ Shingle Creek corridor promoted as a greenway ** ♦ Member cities urged to meet MNRAA Tier II voluntary management standards along the Mississippi River ** *Items funded by project review fees * *Items to be further defined in resource management plans Items included in general engineering administration budget Minnesota Rules Requirement (Chapter 8410.0080) Minimum -- - - Sec ond Gene ration Plan Proposal Subp. 5. ♦ Goals and policies establishing who will m ♦ Education and information program that provides activities Enhancement of participate and when public participation is and materials relevant to 0 C mmission oa public participation; encouraged g Is and policies information and ♦ Annual Open House ($1,000) ♦ Goals and policies creating advisory education. ♦ Water quality grant program that improves water quality committees and public info rmation ro ams p gT education in K -12 schools in the watershed ($5,000) ♦ Education and information program that meets NPDES - - - - Phase H permit requirements ($13,000 for 9 cities) Subp. 6. Public ditch ♦ Define relationship to ditch authority ♦ Evaluate whether or not WMO should manage ditches systems. ♦ Evaluate whether or not WMO should ♦ Determine if ditch maintenance activities would adversely manage ditches impact WMO goals ♦ Determine if ditch maintenance activities would adversely impact WMO goals Subp. 7. ♦ Assess the need and degree of involvement ♦ Establish appropriate goals and policies: encourage Groundwater. in groundwater protection infiltration, taking into account groundwater sensitivity ♦ Establish appropriate goals and policies areas *, * ** Subp. 8. Wetlands. ♦ Establish specific goals and policies ♦ Establish specific goals and policies wellhead regarding wetland regarding wetland management management: where the Commission is LGU, the Commission ♦ Identify high priority areas for wetland will administer the WCA; buffer strips required adjacent to preservation, restoration, and establishment wetlands and watercourses on projects reviewed by ♦ Evaluate need to establish a wetland banking Commission* system ♦ Commission will identify watershed significant wetlands for functions and values assessment ♦ Commission will prepare a wetland resource management plan that identifies high priority wetlands for preservation and restoration Subp. 9. Erosion. ♦ Establish specific goals and policies to ♦ Establish specific goals and policies to control erosion: cities control erosion expected to adopt erosion control and shoreland management ordinances, and development and redevelopment projects submitted for project review must meet erosion control *Items funded by project review fees standards * *Items to be further defined in resource management plans ** *Items included in general engineering administration budget Shingle Creek Watershed Management Commission Member Assessments 2003 Budget A B C I D E I F I G I H 2 2001 I Cost Allocation Cost Based ! 3 1 __ Acreage Capaci aci 1999 Tax Based on Area on Tax Capacity Total Cost mmu 4 Conity p ty 1 %age Dollars ! %age 1 Dollars I ° /sage Dollars 5 I - 6 Brooklyn Center 3,720! 16,002,1491 13.07 %1 9,8031 15.08 %j 11,313 14.08 % 21,116 7 1 Brooklyn Park _ 7,0801 30,62 24.88 %1 18,657__ 28.87 % 2 26.87 4 0,30_6 8 Crystal �— 2 7,908, 8.71 %i 6,5331 7 %' 5,591; 8.08% 12,124 9 Ma ple Grove 5, 020' 13,306,034 17.64% 13,230; 12.54 %I 9,4071 15.09 %, 2 10 Minneap ! 1,950 5,327, 6.85% _ 5.02% 3 5.9 % F - 8,9 - 0 - 5 11 Ne Hope _ 2,070 11,329,89 7.27% _ 5 10.68 %; 8,010 _—_ 8 %� 1 3, 46 3 12 O ___ _ 300 1, 13 Plym 1.05 7951 1.56 %; 1,177 1.31% _ 1,96 _ — 4,380 14,22 9,266 1 % 'I 11,543 13.41 %f 10,060 14.40 %F 2 1,6 03 14 Ro bbinsdale 1,4601 5, j 5.13 %i 3,848, 5.38% 4,032! 5.25 %1 7,880 15 Totals 28,4601 106,086,7331 100.00 %� 75,0001 100.00% 75,0001 100.00 %� 150,000 16 , ,.,. 1 .. ; . 18 2002 -- _- Cost Allocation Cost Based 191 2000 Tax Based on Area on Tax Capacity Total Cost 20 C unity Acreage Capacity %age Dollars %age Dollars %age I Dollars 211 - - - 22 Brooklyn Center 3 17,214,010 13.07% 10,293 14.84 %! 11,6881 13.96 %1 21,981 1 23 Brooklyn Park 7080' , 32,945,567 24.88% 19,5911 28.40 %i 22,369 26.64 %1 41,960 24 ICry 2, _ 8,839,768 8.71% 6,862 7.62% 6 002 8.17% 12,864 25 Maple G rove 5,020 16,682,044 17.64% 13,891 14.38 %1 11,327 16.01% 25,217 1 26 !Minneapolis 1,9501 6,139,701' 6.85% 5,396 5.29 %1 4,169 6.07 % 9,564 127 !New Hope 2,070 9,342,557 7.27% 5,728 8.05% 6,343 7.66% 12,071 28 10sseo 300, 1,870,418 1.05% 830 1.61% 1,270 1.33% 2,100 291Plymouth 4,3801 16,316,963 15.39% 12,120] 14.07 %1 11,079 14.73% 23,198 30 1 Robbinsdale 1,4601 6,634,261 5.13% 4,040 5.72%' 4,504' 5.42% 8,544 ,., 31 Totals 28,460, 115,985,2891 100.00° % 78,750 100.00% 78,7501 100.00 157500 , 32 �. �. ,., a • 33 1 341 2003 1 Cost Allocation I Cost Based 351 ! 2001 Tax Based on Area j on Tax Capacity Total Cost 36 1C om munity Acreage 1 Ca pacity % e ° ° y g Dollars /°age Dollars /°age Dollars 381 Brookly C enter _ 3,720. 12,458,788 13.07 %1 16,195 13.69 %' 16,966 13.38 % 33,161 39 1B Park 7,0801 25, 309,873 24.88%1 30,823 27.82 %, 34,4661 26.35% 65,289 40 Crystal 2,480; 7,527,129 8.71 %j 10,7971 8.27 %1 10,2501 8.49 %, 21,047 41 'Maple Grove 5,0201 13,222,758 17.64 %1 21,8541 14.53 %1 18,0061 16.09 %1 39,861 42 IMinneapolis 1,9501 6,330,383 6.85 6 /61 8,4891 6.96% 8,6211 6.90 %1 17,110 43 New Hope 1 2,0701 7,084,0731 7.27% 9,012 7.79 9,647 7.53% 18,659 44 Oss 3001 1 1.05 %1 1,306 1.48 %1 1,8401 1.27% 3,146 45 Plymouth j 4,380; 12,290,353! 15.39 %1 19,068 13.51 °I °i 16,7371 14.45% 35,805 46 IRobbi 1,460! 5 ,409,8051 5.13 0 /6� 6,356 5.95% 7,367' 5.5 13, 47 Totals 28,4601 90,984,1261 100.00% 123,9001 100.00 %1 123,90011 100.00 %: 247,800 06.13.02 Budget03ASSESCAPFINAL 2003 Budget -West Mississippi Watershed Management Commission 1 A Actual , - -_ Approved _ Ap proved INCOME _ - - - -- 2001 - 2002 2003 -- - -- -- -- _ Member Assessmen _ 67 ,5001 67,5 00! 76,200 I Grant lncome -- - - "- - -- - b I 12nd Generation 15,600', / I [Met Council Grants I 5 I Interest Income ! 10,2971 10,000! 5,000 I S I 2nd Generation Carrv_over _ 35,400! I TU I ADDlication Fees _ __ __ _ _ 10,000 1 9 1 Escrows i 13,0001 1 12 1 R q al Pond Investio 1 9 3 1 Reserve I - 1 I '14 I I I i -- 35,7001 - TOTAL INCOME 106,397 148,6001 91,200 1b APPROPRIATIONS - - - - -- - - - -- - _ (Engineering Services 206 __ -- { i - -- - -- - - - - -- _ Manaaement Plan O 5,000 r - Projec Review .8801 -- .500 20.000 - -- -- - __ -- _ 15 18 General Admini inis �- - -- -- 17,505: 16,500 18,000 Fiel I - - , -- - -- -- ------ - - - - -- I _ _ 2 - -- O l ------ - - - - -- Second Generation Plan _ 16,5321 20,000 Cam -- - - - -- -� -- - - - I -- - -- -- - - _ _ 24,500 G ADDlication /Resear 2,500 To tal En Servs 52,580 79,500 45,500 1 25 1 Legal - - - I - I 1 16 1 1General Leaal 2,9711 9,000 7,500 21 1 !Second Generation Plan 4,000 28 1 1 ICarrvover _ _ 2,000 1 2-9 1 Total Leaal 2,971 15,0001 7,500 30 Administrative - 31 I 1 General Administrative 21,944 25,000 25,000 1 32 I 1 Engineerinq Support i 4,500 1 I_ Project Reviews/WCA _ 3,000 1 34 1 (Second Generation Plan __ 2,203 3,2001 3b I �Carrvover 1 1,9001 Y6 I ! 1 i 24,1471 30,100 32,500 37 Miscellane 1 ous 138 I Hennepin Conservation Dist - Mao_oino 1,0001 150 1 3y I (Carryover 3,3001 40 1 1 Meetinq EXDense 8651 8501 1,000 41 1 1 Accountinq 1,200 421 Audit 5001 500 1,500 43 I Escrow Projects 0 0 44 I I Insurance and Bondinq 2,0271 3,000 2,500 1 Conlinaencies 500 2,500 Total Miscellaneous 1 4,392 8,300 8,700 X 4 ., 1 Programs 40 I _ Unspecified Project L __ 5,000 4g� _ - - - - -- 1 Macroinvertebrate Monitoring 2,0001 2,000 _ 5 I i Wetland Monitorinq _ 1 1 2,000 51 I 5 Water Quality Educa 1 1 _ I Phosphorus Manag ement I -� 1,850 uc Edational Materials I 925 54 I Web Site 5,000 5,000 55 I NPDES: Particioa- cleanup, open house i 925 1,500 56 I NPDES: Public Educe and outreach 2,500 NPDES: Outreach - grants for education _ 2,500 1 I 1 Education Grants 2,500 59 I Education Proq_ ram 15,000 16 1 1 I 1 Total Pro grams 01 15,700 i 33,000 1 fi 1 I Resource Management Projects i 1 62 1 _ Water Quality Plan I 5,000 54 I I 1Construction /Matchinq Grant Fund 5,000 Total Resourc M a_ mt Pro /ects f 0 I 01 1 00 fib (TOTAL AP PR O PRIATIONS 84,090 14 6,600 137,200 I - - - - 1 �I i !To /From Reserve t �g 1 Ending Fund Balance istwill be 01 46,000 252 149 252,149 206,149 1 fu ti CONSTRUCTION/MATCHING GRANT FUND Capital Contribution 5,000 ZT Interest Income 125 TOTAL INCOME 5,125 Appropriation Appropriation 0 0 TOTAL APPROPRIATIONS 0 FUND BALANCE 5,125 1 tS3 1 � 06.13.02 BUDGET03adoptedwm West Mississippi Member Assessments 2003 Budget 1 I A I B I C I D 1 E I F G 1 H 2 1 2001 Cost Allocation Cost Based 3 j 1999 Tax Based on Area', on Tax Capacity Total Cost 4 Community Acreage Capacity %aqe Dollars %age i Dollars %age Dollars 151 16 (Brooklyn Center 1,660 4,966.308 10.46 %j 3,530.25 14.88 %1 5,020.981 12.67 8,551.23 7 1 Pa 9,880 15,670 62. % ! 21,011.341 46.94% 15,843.38; 54.60 %! 36,854.72 8 C _ 3,620 10 ,598.2101 _ 2 2.81 % _ ° ° _ 7,698.491 31.75 /0, _ 10,714.89 _ 27.28 /0l 18,41 9 Maple Grove - 530' 1,57 0 3 % 1 1,127.131 4.72% 1,592.54; 4.03 %j 2,719.67 12 Tot -� - r -- - 1.1 %� _ - 382.8 - 1.71 /°- - - -. -- - --+-- - -_ -_ 10 Oss -- -- 180 571 _- ° 578.21' 1.4 % 15,87 ' 961.01 _ - 0 33,382,4941 10 f° 33,750.00 100.00% 33,750.00 100.00 67,500.00 13 - - �- - -- I -- - -- 14 15 -- - -- 1 - - - - -- -} ,� 1 2002 Cost Allocation C Ba sed 2000 Tax Based on Area j on Tax Capacity Total Cost 1181Community Acreage i Capacity %age Dollars %age Dollars %age Dollars 191 -- - 1 20 (Brooklyn Center 1,6601 5,440,5491 _ 10.46 %1 3,530.25 14.04% 4,737.42 12.25% 8,267.67 1 21 (Brooklyn Park 9,8801 18,970,601 62.26 %, 21,012.741 48.94% 16,518.88 55.60 %, 37,531.62 N24 Champlin I _ 11,874,707 22.81 %' 7,698.38 30.64 %� 10, 26.7 18,03_8 Maple Grove 5301 1,824,735 3.34% _ 1,127.251 4.71 %1 1,588.91 4.02% 2,716.16 Osseo - 1801 648,558' 1.13 %I 3 81.38' 1.670/c -- I 564.74' 1.40 946 .12 - 1 I 1- - - 1 26 1 T otals 15,8701 38,759,150 1 00.00 %� 3 3,750.001 100.00 %I 33,750.00 100.00% 67,500.00 j -- - 29 301 2003 Cost Ahocation Cost Based j 1 31 1 2001 Tax Based on Area on Tax Capacity Total Cost 1 321Community I Acreage Capacity %age 1 Dollars %age Dollars 1 */.age Dollars 33 1 34 (Bro Center I 1,660 4.851,4451 10.46% 3,985.26' 14.55%1 5,542.501 12.50 %' 9,527.75 35 (Brooklyn Park 9,880 16,763,8771 62.26% 23,719.47 50.27 %1 19,151.76 56.26 %1 42, 871.23 36 C hamplin 3,620 9,791,9191 22 .81% 8,690.7 29.36% 11,186.70 87 26.09% 19, 37 Maple Gr _ 5 1,403.4 3.34 %, 1,272.4 1,603.36, 3.77 % 2,87 38 Osseo__ 180 53 - 8,923 1 .13% 43 2.141 1.62 /0 615.691 1.38 %1 1,047.82 391 401 Totals 1 15,870] 33,349,611, 100.00% 38,100.001 100.00 %I 38,100.001 100.00 %1 76,200.00 Budget03.ASSESSFINAL 06.13.02 CITY COUNCIL MEETING Public Copy is City of Brooklyn Center July 8, 2002 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call • 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 17, 2002 - Work Session with Financial Commission 2. June 24, 2002 - Study Session 3. June 24, 2002 - Regular Session b. Licenses C. Approval of Site Performance Guarantee Release for Twin Lakes II, LLC (4830 Azelia Avenue North) CITY COUNCIL AGENDA -2- July 8, 2002 0 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Approving Supplemental Agreement Nos. 1, 2, and 3, and Change Order No. 1, Improvement Project Nos. 2002 -01, 02, and 03, Southwest Neighborhood Street, Storm Drainage and Utility Improvements f. Resolution Establishing Improvement Project Nos. 2003 -01, 02 and 03, Contract 2003 -A, Happy Hollow Area Street, Storm Drainage, and Utility Improvements g. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2002- 15, Contract 2002 -E, 2002 Sealcoating 8. Appearance -Beth Bailey- Allen, Executive Director, North Hennepin Mediation Program, Inc. 9. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69th and Brooklyn Boulevard) - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 10. Council Consideration Items a. Resolution Recognizing Lloyd Knutson in Appreciation of His Service to the City of Brooklyn Center - Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of the Earle Brown Days Committee - Requested Council Action: - Motion to adopt resolution. C. Resolution Expressing Appreciation to the Minnesota Chapter of Mothers Against Drunk Driving (MADD) for Their Donation of a Portable Breath Test Unit for the Police Department - Requested Council Action: is - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- July E, 2002 d. Proclamation Declaring July 14 Through 20, 2002, To Be Community Activities, Recreation and Services Week - Requested Council Action: - Motion to adopt proclamation. e. Report of 2002 City Council Goals - Requested Council Action: -None, report only. f. Report on Response to Citizen Complaints Regarding Deer Population Levels - Requested Council Action: -None, report only. 11. Adjournment • • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION JUNE 17, 2002 PHILIP Q. COHEN ROOM — COMMUNITY CENTER CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at the Brooklyn Center Community Center in the Philip Q. Cohen Room and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Bob Peppe. Tim Ricker arrived at 6:15 p.m. Councilmember Nelson was absent. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. • Others present were Financial Commission Chair Donn Escher, Financial Commissioners Jay Hruska, Timothy Elftmann, Gavin Wilkinson, Jerald Blarney, Mark Nemec, Lawrence Peterson, and Deloitte & Touche Auditor Clifford Hoffman. DISCUSSION OF 2000 FINANCIAL AUDIT Auditor Clifford Hoffman presented selected financial information regarding the City's Comprehensive Annual Financial Report (CAFR) for the year ended December 31, 2001, on operating fund status, productivity measures, enterprise funds with operating income (loss), selected performance indicators, performance definitions, utility enterprise fund comparisons, general fund revenues and expenditures, unreserved undesignated general fund balance compared to annual expenditures, debt service schedule, and the competitive advantages and challenges that the City faces. Mr. Hoffman discussed the audit includes 3 reports, the CAFR, an independent auditors' report on compliance and on internal control over financial reporting based upon the audit performed in accordance with government auditing standards, and a management letter. Mr. Hoffman indicated that the City is in a good financial state. He discussed that it was recommended in the Management Letter from Deloitte & Touche that the City should require LOGIS to obtain a Statement on Auditing Standards (SAS 70) Report during the calendar year 2002 and annually thereafter. • 06/17/02 -1- DRAFT LOGIS has not been examined independently under the provisions of the SAS 70 for the last five • years. GENERAL DISCUSSION OF 2003 BUDGET PROCESS City Manager Michael McCauley discussed that the uncertainties of the Legislature and the unknown State Aids have hindered the 2003 budget process. He provided a brief overview of the preliminary budget discussion that had several notable increases along with the priorities for expenditures in 2002 and informed the Council that levy limits are in place for 2003. The City will not receive the calculation of its levy limit until the end of July; at the earliest, according to the State Revenue Department. Mr. McCauley discussed that with the cost of rental housing regulations escalating he would recommend a review of the rental housing fees based on these increased costs and a corresponding increase in rental licensing fees. Councilmember Peppe indicated that he would like to see a system created that would work with the rental managers motivating them to do a better job with the rental properties. Mr. McCauley informed the Council that staff would continue to prepare a preliminary budget for the Council's review, that the budget will need to be consolidated, and that a review will be focused on the Engineering Department to determine what is the appropriate configuration and organization for this department. MISCELLANEOUS Todd Paulson, Metropolitan Council Representative, addressed the Council to update them that the location of the current Transit Hub is being planned under a different name and a location has been determined. The Transit Oriented Site is being considered at the corner of Shingle Creek Parkway and Bass Lake Road. This site is believed to be the best potential for reinvesting in the area and the best land use site for this type of establishment. Plans will be brought forward sometime in July. Mr. Paulson informed the Council tha t the Metropolitan Council continues discussions of the Northwest Corridor Bus Way that will run from Rogers to Downtown Minneapolis. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the meeting at 8:15 p.m. Motion passed unanimously. City Clerk Mayor 06/17/02 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 24, 2002 IT HA CITY LL - ADMINISTRATION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Stud Session and was called to order b Mayor Y Y Y Myrna Y Y Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kra ne oun y yr g ss, C cilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council agenda items 9a, public hearing regarding the authorization of the • issuance of sale and delivery of multifamily housing revenue bonds for Shingle Creek Tower, 1 Oa, Planning Commission item submitted by Schuss Clark Architectural Corporation requesting for site and building plan approval to redevelop the old Baker's Square Restaurant at 5601 Xerxes Avenue North, and Economic Development Authority agenda item 4a, resolution determining substantial completion of minimum improvements to mall for purposes of Amended and Restated Development Agreement with Talisman Brookdale, LLC. MISCELLANEOUS Councilmember Peppe discussed a recent article printed with statistics of poverty levels and Brooklyn Center's rating. Councilmember Nelson discussed an occurrence that his neighbor had regarding an overnight parking permit and the frustration experienced with the Police Department. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the Study Session at 6:40 p.m. Motion passed unanimously. o City lerk Mayor or Y 06/24/02 -1- • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 24, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:59 p.m. 2. INVOCATION Mayor Kragness offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • 06/24/02 -1- DRAFT 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Mayor Kragness announced that City Manager Michael McCauley had become the League of Minnesota Cities President, and reported that she attended the League of Minnesota Cities Conference. Councilmember Lasman reported that she attended the Riverwood Neighborhood Picnic on June 11, 2002, the Honor Guard Ceremony at Twin Lake Apartments on June 13, 2002, and the League of Minnesota Cities Conference on June 18 through 21, 2002. Councilmember Nelson reported that the Earle Brown Days Committee continues to prepare for the events to take place June 27 through 30, 2002. He provided information regarding the events taking place and encouraged all to attend. Mayor Kragness reminded the audience that the summer Entertainment in the Park on Tuesdays has started and encouraged people to attend a concert. She informed that the Hmong American Center would be hosting their second annual event on July 2 and 3, 2002. 7. APPROVAL OF AGENDA AND CONSENT AGENDA . There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of the June 10, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Darling International, Inc. 9000 382 Avenue, Blue Earth Mengelkoch Company 119 NW 14 Street, New Brighton Walz Brothers Sanitation P.O. Box 627, Maple Grove Waste Management 10050 Naples Street NE, Blaine 06/24/02 -2- DRAFT RENTAL ® Renewal: 5401 63 Avenue North John Schwarz Initial: 6406 Indiana Avenue North William Coleman 7e. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES: -CSM CORPORATION — 3200 NORTHWAY DRIVE - BROOKPARK DENTAL CENTER — 6437 BROOKLYN BOULEVARD - STONER & ASSOCIATES — 5001 DREW AVENUE NORTH A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve site perfonnance guarantee releases for CSM Corporation, Brookpark Dental Center, and Stoner & Associates. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -82 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4 TH ADDITION A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing for July 22, 2002. Motion passed unanimously. 8. PRESENTATION - RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2001 Cliff Hoffman, Deliotte & Touch LLP presented a summary of the City's Financial year for 2001 and informed the audience that the City is in the best financial position. He expressed thanks to the staff and Council and congratulated them on a good year. • RESOLUTION NO. 2002 -83 06/24/02 -3- DRAFT Councilmember Lasman introduced the following resolution and moved its adoption: 0 RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. PUBLIC HEARING 9a. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — SHINGLE CREEK TOWER PROJECT), SERIES 2002; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AUTHORIZING THE USE OF AN OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS 1. RESOLUTION AUTHORIZING THE REPROGRAMMING OF FUNDS FROM THE CITY OF BROOKLYN CENTER'S 2001 AND • 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS 2. RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP City Manager Michael McCauley discussed that this item for proposed issuance of housing revenue bonds for the acquisition and rehabilitation of the Shingle Creek Towers Apartments would request adoption of a resolution authorizing the issue of the multifamily housing revenue bonds; prescribe the form of and authorize the execution of related documents; authorize the use of an official statement; provide for the security, rights, and remedies of the holders of said revenues bonds, along will amending the Community Development Block Grant (CDBG) appropriation for the project to include expenditure for either acquisition or rehabilitation which currently CDBG monies can be used for only acquisition. Adoption of all three items would constitute final approval of the project and it's financing which include tax - exempt housing revenue bonds and tax credits. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. • 06/24/02 -4- DRAFT • A motion by Councilmember Lasman seconded b y Councilmember Ricker to close the Public Hearing. Motion passed unanimously. Councilmember Peppe believes that everything has been done for this type of funding on a project like this. RESOLUTION NO. 2002 -84 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — SHINGLE CREEK TOWER PROJECT), SERIES 2002; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AUTHORIZING THE USE OF AN OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Mr. McCauley informed the Council that the following two resolutions would memorialize and further execute the CDBG funding for this project. RESOLUTION NO. 2002 -85 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE REPROGRAMMING OF FUNDS FROM THE CITY OF BROOKLYN CENTER'S 2001 AND 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Pe pp e. Motion passed unanimously. RESOLUTION NO. 2002 -86 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP ® 06/24/02 -5- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. Jim Winkles, representative from Amcon, addressed the Council to update the Council on the status of the project and to inform that the closing date is scheduled for July 29, 2002, with the construction starting on August 2 or 3, 2002. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2002-008 SUBMITTED BY SCHUSS CLARK ARCHITECTURAL CORPORATION. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO REDEVELOP THE OLD BAKER'S SQUARE RESTAURANT SITE AT 5601 XERXES AVENUE NORTH INTO A 4,040 SQ. FT. INTERNATIONAL HOUSE OF PANCAKES (IHOP) RESTAURANT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 13, 2002, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2002 -008 submitted by Schuss Clark Architectural Corporation requesting for site and building plan approval to redevelop the old Baker's Square Restaurant at 5601 Xerxes Avenue into a 4,040 square foot International House of Pancakes (IHOP) Restaurant, subject to the following conditions: • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, draining, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. I 06/24/02 -6- DRAFT • 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. Steve Scott, representative from IHOP, addressed the Council to discuss IHOP's background and informed the Council that at this time there is no tentative date for starting the construction since they are awaiting some other approvals for the project. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2002 -008 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT Mr. McCauley discussed that Local Government Information Systems ( LOGIS) had requested that a resolution authorizing the execution and delivery of a second amendment to the Joint and Cooperative Agreement be approved. Since 1988, LOGIS had been administering a group health and medical insurance plan for those members who have chosen to participate. Their legal counsel had advised that the agreement should be modified to clarify LOGIS' authority to conduct and administer the plan. Councilmember Nelson indicated that he has a concern with LOGIS providing health and medical insurance. Mr. McCauley informed the Council that LOGIS does not provide the insurance; they gather information and collectively purchase from different providers. 06/24/02 -7- DRAFT RESOLUTION NO. 2002 -87 • Councilmember Ricker introduced the following resolution and moved its adoption: RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11b. RESOLUTION FINALIZING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998-10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING Mr. McCauley discussed that this resolution would finalize the improvements to the Public Safety Facility, the demolition of old and construction of new West Fire Station, and the remodeling of the East Fire Station and authorizes the transfer any remaining funds to the 1997A General Obligation Building Bonds Debt Service Fund. RESOLUTION NO. 2002 -88 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION FINALIZING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998 -10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. Ile. SALE AND USE OF FIREWORKS -AN EMERGENCY ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS 2 - - • 06/24/0 RAFT 8 D • -AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS Mr. McCauley discussed that the City Attorney prepared an emergency ordinance, along with an ordinance amendment, to Chapter 19 that would amend Section 19 -403 of the City Ordinances regarding the sale and use of fireworks in the City of Brooklyn Center. The emergency ordinance shall become effective immediately upon its passage and automatically stand repealed as of the sixty - first (61 ") day following the date on which it was adopted. The ordinance amendment public hearing will be July 22, 2002, if the first reading is passed. Councilmember Nelson thanked City Attorney Charlie LeFevere for the prompt work on this issue. Councilmember Lasman questioned if the emergency ordinance was any different than the ordinance amendment. Mr. McCauley informed the Council that the ordinance amendment is the same as the emergency ordinance. ORDINANCE NO. 2002 -06 Councilmember Peppe introduced the following ordinance and moved its adoption: AN EMERGENCY ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES • OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for July 22, 2002. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to adjourn the City Council meeting at 7:37 p.m. Motion passed unanimously. City Clerk Mayor • 06/24/02 -9- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 3, 2002 . f SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on July 8, 2002. AMUSEMENT DEVICES Denny's Restaurant 6405 James Circle North Regal Cinemas 6420 Camden Avenue North GARBAGE HAULER Armor Roll -Off Service 3291 Terminal Drive, Eagan Aatlas Waste Services LLC 4640 B Lyndale Avenue North, Minneapolis BFI Waste Systems P.O. Box 39, Circle Pines Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano Walters Recycling & Refuse P.O. Box 67, Circle Pines MECHANICAL Advantage Air, Inc. 325 130th Street West, Shakopee Air Conditioning Assoc 689 Pierce Butler Route, St Paul Check Equipment Inc. 8401 73rd Avenue North, Suite 42, Brooklyn Park Sabre Heating & A/C 14505 21st Avenue North, Plymouth Air Conditioning Associates 689 Pierce Butler Route, St Paul RENTAL Renewal: 3513 47th Avenue N Norene Miller 5333 Brooklyn Blvd Amy Lewis 6744 France Avenue N Donald Renelt 5412 & 12 1/2 Fremont Ave. N Gary Anakkala 4207 Lakeside Ave. N, Apt 123 Donna Kabanuk Initial: 4201 Lakeside Ave. N, Apt l I 1 Marvin Eddy TAXICAB Ghirmai Ghebriel 7110 157 Street West, Apple Valley Harley Fong 8150 West River Road, Brooklyn Park James Tawo 7408 78 Avenue North, Brooklyn Park Semere Berhe 2540 31" Avenue South, Minneapolis • I 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center. MN 55430 -2199 (763) 569 3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 7c MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Speciaist SUBJECT: Performance Guarantee Release DATE: June 28, 2002 The following site performance guarantee being held by the City for the completion of various site improvements, should be recommended to the City Council for release: Twin Lakes II, LLC (4830 Azelia Avenue North) Planning Commission Application No. 2000 -021 • Amount of Guarantee - $25,000 (Performance Bond) Obligor — Ryan Companies US, Inc. on Behalf of Twin Lakes II, LLC All site improvements and conditions for which a site performance guarantee was posted have been completed with respect to this 2000 -2001 project. An as built survey has been submitted to the Engineering Department and other engineering related items have been completed. Landscaping was installed in the fall of 2001. The City Council had authorized reduction of the original $125,000 financial guarantee to $25,000 in December, 2001. Release of the remaining amount was dependent on landscape improvements surviving the winter. A review of the site indicates that the landscaping is viable. It is recommended that the City Council authorize release of the remaining $25,000 based on completion of this project. • City Council Agenda Item No. 7d 0 • MEMORANDUM DATE: July 3, 2002 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • i o adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: ® TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- JEROME & ANN JOHNSON 5333 TWIN LAKE BLVD E 25 CITY OF BROOKLYN CENTER BELLVUE PARK 26 DONNA BIROSH 5331 CAMDEN AVE N 27, 28 CITY OF BROOKLYN CENTER CENTRAL PARK WEST 29,30,31,32,33 NORMAN CHAZIN 1308 69 AVE N 34 BLANCHE & GLENN HAMILTON 6024 EWING AVE N 35 RAYMOND & BARBARA SNYDER 6036 EWING AVE N 36 JAMES DELISI 121058 TH AVE N 37 DOROTHY RINGSTROM 6025 BROOKLYN BLVD 38 DANIEL SANCHEZ /JAZMIN HERNANDEZ 3501 62 "D AVE N 39 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • • City Council Agenda Item No. 7e o MEMORANDUM • DATE: July 2 , 2002 TO: Michael J. McCauley, City Manager FROM: John D. Parotti, P.E., Consulting Enginee f SUBJECT: Resolution Approving Supplemental Agreement Nos. 1, 2, and 3, and Change Order No. 1, Improvement Project Nos. 2002 -01, 02, and 03, Contract 2002 -A, SW Neighborhood Street Reconstruction On May 13, 2002 the City Council awarded a contract to Arcon Construction for street and utility improvements to the SW Neighborhood in the amount of $3,186,903.26. Supplemental Agreement No. 1, in the amount of $0.00 is proposed to add Equal Employment Opportunity (EEO) and Minnesota Department of Labor and Industry Prevailing Wages for State Funded Construction Projects. These items were inadvertently omitted from the original bid documents and are required for all State funded projects. The contractor has agreed to comply with EE and prevailing rates gr p y O p e� a ng wage at no additional cost to the project. Supplemental Agreement No. 2, in the amount of $27,520 is proposed to remove and replace • 13 additional sanitary sewer manholes. Due to higher than expected groundwater levels, installing new sanitary sewer pipes into existing manholes is not feasible in some locations and would not adequately address long term maintenance concerns. Replacing the additional manholes will provide a higher level of protection against groundwater infiltration in locations where groundwater levels are higher than the sanitary sewer pipe. Supplemental Agreement No. 3, in the amount of $25,009.56 is proposed to change storm sewer pipe design in 53` Avenue North. 53` Avenue North is a MSA route and has been approved for 64% State Aid cost participation for storm sewer. The storm sewer design proposed in the bid documents conflicts with a sanitary sewer main at the intersection with 53` Avenue North and Northport Drive. Revisions can be made to the proposed design to install the storm sewer under the sanitary sewer main by increasing pipe sizes and installing the pipe at flatter and deeper grades. Change Order No. 1, in the amount of ($13,734) is proposed to remove signing items from the contract. City Public Works forces shall provide and install signs on the project. The total changes to the contract of $38,795.56 is reasonable and sufficient funds are available in the Storm and Sanitary Sewer accounts to pay for theses improvements. Project contingency has been reduced to reflect these changes and the total amended project cost remains unchanged. Copies of the Supplemental Agreements and Change Order are attached. A resolution approving supplemental agreements in the amount of $52,529.56 and change • order in the amount of ($13,734) is provided for Council consideration. MN /DOT TP- 02134 - 04(2/99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 1 ' • Page 1 of 2 CONTRACTOR: FEDERAL PROJECT NO. STATE PROJECT NO. Arcon Construction SAP 109 - 114 -01 SAP 109- 105 -02 ADDRESS: LOCATION OF WORK: Brooklyn Center, MN 43249 Frontage Road P.O. Box 159 Harris, MN 55032 GROUP NO. I APPR. AMOUNT GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT II DATE ENCUMBERED ORIGINAL ENCMUBRANCE: SA TOTAL $ BY: $ ENCUMBERED TO DATE: Individual signing certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows: WHEREAS: This contract provides improvements to Minnesota State Aid Routes; and WHEREAS: The original contract documents inadvertently omitted information pertaining to Equal Employment Opportunity (EEO) and Minnesota Department of Labor and Industry Prevailing Wages for * Funded Construction Projects; and WHEREAS: The project is funded with Municipal State Aid funds which requires the contractor comply with EEO and prevailing wage rates. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The contractor and all subcontractors shall comply with all applicable EEO and prevailing wage rates per enclosed documents. 2. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses associated with complying with these requirements. 3. Except as provided herein, all terms and conditions in said contract thereto shall remain in full force and effect. • i MN /DOT TP- 02134 -04 (2(99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 1 • Page 2 of 2 ESTIMATE OF COST Item No. Item Unit Unit Price Quantitv Amount Group There will no increase or decrease in cost I 6 /roject Commissioner of Transportation: Commissioner of Administration Engineers (SEH, Inc.) Dated: ®1/ Z By: Pursuant to Delegation By: Commissioner of Administration or Pursuant to Dated: Delegation Contractor Approved as to form and execution: Dated: Dated: By: Assistant Attorney General or Pursuant to Delegation � sistant District Engineer L rfe jr2e STaTt' a �� Dated: e AZmnesota Department of Transportation EEO Special Provisions Office of EEO Contract Nlanaoement Revised 5/01 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are Federally or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. 'N a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (Mn/DOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 5, 6 -7, 8 -13, 14, 15 -16, 23 -24, 25 -38). The Mn/DOT Office of EEO Contract Management monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 8 -13. 15 -16, 21 -22). MrvDOT's Office of EEO Contract Management monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statute 363.073 and its accompanying rules. • Mn/DOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that incentive payments are not available on S.A.P. projects, so Form EEO -14 is not applicable to those projects. Please note that Pages 23 -37 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action ............................... . ............. 2 Minnesota Affirmative Action Requirements ..... . .......... 3 Appropriate Work Place Behavior ............... ........... 4 ............................. Notice to All Prime and Subcontractors: Reporting Requirements 5 Specific Federal Equal Employment Opportunity Responsibilities ........................ I ..... 6 Standard Federal and State Equal Employment Construction Contract Specifications ............... 8 Equal Opportunity Clause ............ ............ 14 Minority and Women Employment Goals Chart ............ ................ . ... 15 Sample Summary of Employment Activity. Form EEO -12 .. . ....... . ....................... 17 Sample Monthly Employment Compliance Report, Form EEO -13 ......... ................... 19 Economically Disadvantaged Employee (EDE) Incentive Program ............................ 21 Economic Disadvantaged Employee Incentive Report. Form EEO -14 .......................... 22 On- The -lob Training Program: Trainee Assignment ........ ............................... 23 Certification of On- the -Job Training Hours: Federal -Aid Projects ............................. 24 Required Contract Provisions: Federal -Aid Construction Contracts ............................ 25 • Required Contract Provisions: Federal -Aid Construction Contracts Appendix A ................. 37 EEO Pate ] i EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management • NOTICE OF REQUIREMENT FOR AFFIRNLATIVE ACTION TO ENSURE EQUAL ENIPLOYNIENT OPPORTUNITY (23 USC 140, 23 CFR 230 and 112innesota Statute 363.073) 1. The offerer's or bidder's attention is called to the " N13rinesota Affirmative Action Requirements" (EEO Page 3), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 6 -7), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 8 -13), the "Equal Opportunity Clause" (EEO Pages 14) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 25 -38). 2. The goals and timetables for minority and women participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 15 -16). These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, or Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60 -4, and/or Minnesota Statutes 363.073 and Minnesota Rules Part 5000.3520 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a) for Federal or federally assisted projects, and Minnesota Statute 363.073, and Minnesota Rules Part 5000.3540 for State or State assisted projects, and its efforts to meet the goals • established for the geographical area inhere the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally- assisted projects and/or Minnesota Statute 363.073 and Minnesota Rules Part 5000.3520 for state or state - assisted projects. Compliance with the goals vvill be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of any construction subcontract in excess of 510,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 within ten working days of award of any construction subcontract in excess of 5100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor estimated dollar amount of the subcontract estimated starting and completion dates of the subcontract; and the geographical area in ,vhich the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of I\linnesota where the work is to be performed. EEO Page 2 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract ?Management Revised 5101 ANEINNESOTA AFFIKNLATIVE ACTION REQUIREAI -ENTS 1. It is hereby agreed between the parties to this contract that Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Murnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Mirrnesota Human Rights .Act. 2. It is hereby agreed between the parties to tlus contract that this agency requires that the Contractor meet affirmative action critena as provided for by Minnesota Statute 363.073 and Minnesota Rules, Parts 5000.3400 to 50003600. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so, may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2 -3). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section 363.073, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not lirmted to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or ® mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and othenvnse treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship)_ In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Nlinnesota Human Rights Act. 5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices m a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligatnon under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non- discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E. Stb Street, Suite 700, St. Paul, Minnesota 55101. (612) 296 -5663, TTY 296 -1283, Toll Free 1 -800 -657 -3704. 6. The Contractor shall notify each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract understandmg, that the Contractor is bound by the terms of Minnesota Statutes, section 363.073 of the Minnesota Human Rights Act, and is committed to take affirmative action to ® employ and advance in employment rrunority, women and qualified physically and mentally disabled individuals. EEO Page 3 EEO Special Provisions Minnesota Department of l Revised 5!01 Office of EEO Contract Management • APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZLNG STATE FUNDS It is the Minnesota Department of Transportations (Mn/DOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mtv'DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job - related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlaw f rl discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions • affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and /or threats of violence; use of profanity ( swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on Mn/DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debannent from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the EEO Contract Management Office at (612) 297 -1376. EEO Page 4 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5/01 NOTICE TO ALL PRII! E AND SUBCONTRACTORS REPORTLNG REQUIREMENTS l_ In order to monitor compliance - kvith Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statute 363.073, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 19 -20.) Prime contractors are also required to complete a Summary of Employment Activity each month (Form EEO -12, sample copy at EEO Pages 17 -18). The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. The prime contractor compiles the monthly reports and enter totals for the project on the Summary of Employment Activity. The prime contractor submits the EEO -13 forms and one EEO 12 form to the Mn/DOT Project Engineer by the 15th of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on -site contract compliance review. During the scheduled on -site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 9 -12, at 7 a -p of this contract. • 2. The Economic Disadvantaged Employee Incentive Report (Form EEO -14, sample copy at EEO Page 22) is used only with State projects (designated by State Project (S.P.) numbers) for claiming incentive reimbursement on projects which have exceeded their state goals for minority and women employment. A completed form should be mailed to Ernest L. Lloyd, Director, EEO Contract Management Office, Minnesota Department of Transportation, M.S. 170, 395 John Ireland Boulevard, St. Paul, Mit 55155, at the conclusion of the project. 3. If a Federally funded project requires On -the- Job - Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan to the Project Engineer at the preconstruction conference, and shall supply a copy to the Contract Compliance Specialist (CCS) assigned to the project. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 4. R'hen a Contractor selects a trainee applicant for OJT, the Contractor completes an On The Job Training Program- Trainee Assignment form (sample copy at EEO Page 23) and submits it to the CCS assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when applicant is approved. 5. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On- The -Job Training Hours form (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forums from the copies in this contract, or the Mn/DOT Office of EEO Contract Management .vill provide these fo= upon request. Please call the Office of EEO Contract Management, (612) 297 -1376. EEO Pace 5 EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management • SPECIFIC FEDERAL EQUAL EI�IPLOYAIENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. including apprenticeship, preapprenucesbip, policy will be placed in areas readily accessible a. Equal employment opportunity requirements and/or on- the -job training. to employees, applicants for employment and not to discriminate and to take affirmative 3. Equal Employment Opportunity Officer. potential employees. action to assure equal opportunity as required The contractor will designate and make known (2). The contractor's equal employment by Executive Order 11246 and Executive Order to State highway agency contracting officers an opportunity policy and the procedures to 11375 are set forth in Required contract equal employment opportunity officer implement such policy will be brought to the Provisions (Form PR -1273 or 1316, as (hereinafter referred to as the EEO Officer) attention of employees by means of meetings, appropriate) and these Special Provisions who will have the responsibility for and must employee handbooks, or other appropriate which are imposed pursuant to Section 140 of be capable of effectively administering and means. title 23, U.S.C., as established by Section 22 of promoting an active contractor program of the Federal -Aid Highway Act of 1968. The equal employment opportunity and who must S. Recruitment. requirements set forth in these Special be assigned adequate authority and a. When advertising for employees, the Provisions shall constitute the specific responsibility to do so. contractor will include in all advertisements for affirmative action requirements for project employees the notation "An Equal Opportunity activities under this contract and supplement 4. Dissernination of Policy. Employer." All such advertisements will be the equal employment opportunity a. All members of the contractor's staff who are published in newspapers or other publications requirements set forth in the Required Contract authorized to hire, supervise, promote, and having a large circulation among minority Provisions. discharge employees, or who recommend such groups in the area from which the project work b. The contractor will work with the State action, or who are substantially involved in force would normally be derived. highway agencies and the Federal Government such action will be made fully cognizant of, b. The contractor will, unless precluded by a in carrying out equal employment opportunity and will implement, the contractor's equal valid bargaining agreement, conduct systematic obligations and in their review of his/her employment opportunity policy and contractual and direct recruitment through public and activities under the contract. responsibilities to provide EEO in each grade private employee referral sources likely to yield c. The contractor and all his/her subcontractors and classification of employment. To ensure qualified minority group applicants, including, holding subcontracts not including material that the above agreement will be met. the but not limited to, State employment agencies, suppliers, of 510,000 or more, will comply with following actions will be taken as a minimum: schools, colleges and minority group the following minimum specific requirement (1). Periodic meetings of supervisory and organizations. To meet this requirement, the • activities of equal employment Opportumty- personnel office staff will be conducted before _ contractor will, through his EEO Officer, (The equal employment opportunity the start of work and then not less often than identify sources of potential minority group requirements of Executive Order 11246, as set once every six months, at which time the employees, and establish with such identified forth in volume 6, Chapter 4, Section 1, contractor's equal employment opportunity sources procedures whereby minority group Subsection 1 of the Federal -Aid H)gh" ay policy and its implementation will be reviewed applicants may be referred to the contractor for program Manual, are applicable to material and explained. The meetings will be conducted employment consideration. suppliers as well as contractors and by the EEO Officer or other knowledgeable In the event the contractor has a valid subcontractors.) The contractor will include company official bargaining agreement providing for exclusive these requirements in ever subcontract of (2) All new supervisory or personnel office hiring hall referrals, he is expected to observe 510,000 or more with such modification of employees will be given a thorough the provisions of that agreement to the extent language as is necessary to make them binding indoctrination by the EEO Officer or other that the system permits the contractor's on the subcontractor. knowledgeable company official, covering all compliance with equal employment opportunity major aspects of the contractor's equal contract provisions. (The U.S. Department of 2. Equal Employment Opportunity Policy. employment opportunity obligations within Labor has held that where the implementation The contractor will accept as his operating thirty days following their reporting for duty of such agreements have the effect of policy the following statement which is with the contractor. discriminating against minorities or women, or designed to further the provision of equal (3). All personnel who are engaged in direct obligates the contractor to do the same, such employment opportunity to all persons without recruitment for the project will be instructed by implementation violates Executive Order regard to their race, color, religion, sex, or the EEO officer or appropriate company 11246, as amended.) national ongin, and to promote their full official in the contractor's procedures for c. The contractor will encourage his present realization of equal employment through a locating and hiring minonty group employees. employees to refer minority group applicants positive continuing program: b. In order to make the contractor's equal for employment by posting appropriate notices It is the policy of this Company to assure employment policy known to all employees, or bulletins in areas accessible to all such that applicants are employed, and that prospective employees and potential sources of employees. In addition, information and employees are treated during employment, employees, i.e., schools employment agencies, procedures with regard to referring minority Without regard to their race, religion, sex, color, labor unions (where appropriate), college group applicants will be discussed with or national origin. Such action shall include: placement officers, etc., the contractor will take employees. employment, upgrading, demotion, or transfer; the following actions: recruitment or recruitment advertising; layoff (1). Notices and posters setting forth the 6. Personnel .Actions. Wages, working or termination; rates of pay or other forms of contractor's equal employment opportunity conditions, and employee benefits shall be compensation; and selection for training, EEO Pane 6 Minnesota f Department Transportation EEO Special Provisions • P P Office of EEO Contract Management Revised 5/01 SPECIFIC FEDERAL. EQUAL ENIPLOY1vLENT OPPORTUNITY RESPONSIBILITIES (con't) il established and administered, and personnel d. The Contractor will periodically review the contractor shall immediately , notify the State actions of every type, including hinny, training and promotion potential of minority highway agency. upgrading, promotion, transfer, demotion, group and women employees and will layoff, and termination, shall be taken without encourage eligible employees to apply for such 9. Subcontracting. regard to race, color, religion, sex, or national training and promotion a. The contractor will use his best efforts to origin. The following procedures shall be solicit bids from and to utilize minority group followed: 8. Unions. If a contractor relies in whole or in subcontractors or subcontractors with a. The contractor will conduct periodic pan upon unions as a source of employees, the meaningful minority group and female inspections of project sites to insure that contractor will use his/her best efforts to obtain representation among their employees . working conditions and employee facilities do the cooperation of such unions to increase Contractors shall obtain lists of minority-owned not indicate discriminatory treatment of project opportunities for minority groups and women construction firms from State highway as;cncy site personnel. within the unions, and to effect referrals by personnel. b. The contractor will periodically evaluate the such unions of minonty and female employees. b. The contractor will use his best efforts to Spread of wages paid within each classification Actions by the contractor either directly or ensure subcontractor compliance with their to determine any evidence of discriminatory through a contractor's association acting as equal employment opportunity obligations. wage practices agent will include the procedures set forth c. The contractor will periodically review below: 10. Records and Reports: selected personnel actions in depth to a. The contractor will use best efforts to a. The contractor shall keep such records as determine whether there is evidence of develop, in cooperation with the unions, Joint necessary to determine compliance with the discrimination. Where evidence is found, the training programs aimed ioNvard qualifying contractor's equal employment opportunity contractor will promptly take corrective action. more minority group members and women for obligations. The records kept by the contractor If the review indicates that the discrimination membership in the unions and increasing the will be designed to indicate: may extend beyond the actions reviewed, such skills of minority group members and women (1) The number of minority and nonminority corrective action shall include all affected so that they may qualify for higher paying group members and women employed in each persons. emplownent. work classification on the project. d. The contractor will promptly investigate all b. The contractor will use best efforts to (2) The progress and efforts being made in • complaints of alleged discrimination made to incorporate an equal employment opportunity cooperation with unions to increase the contractor in connection with his clause into each union agreement to the end employment opportunities for rrtinonties and obligations under this contract, will attempt to that such union will be contractually bound to women (applicable only to contractor's who resolve such complaints, and will take refer applicants without regard to their race, rely in whole or in part on unions as a source of appropriate corrective action within a color, religion, sex, or national ongm. their work force), reasonable time. If the investigation indicates e_ The contractor is to obtain information as to (3) The progress and efforts being made in that the discrimination may affect persons other the referral practices and policies of the labor locating, hiring, training, qualifjug, and than the complainant- such corrective action union except that to the extent such information upgrading minority and female employees, and shall include such other persons. Upon is within the exclusive possession of the labor (4) The progress and efforts being made in completion of each investigation, the contractor union and such labor union refuses to famish securing the services of minority group will inform every complainant of all his such information to the contractor, the subcontractors with meaningful minority and avenues of appeal. contractor shall so certify to the State highway female representation among their employees. department and shall set forth what efforts have b. All such records must be retained for a 7. Training and Promotion. been made to obtain such information. penod of three years following completion of a. The contractor will assist in locating, d. In the event the union is unable to provide the contract work and shall be available at qualifying, and increasing the skills of minority the contractor with a reasonable flow of reasonable times and places for inspection by group and women employees and applicants for minority and women referrals within the time authorized representatives of the State highway employment. limit set forth in the collective bargainmg agency and the Federal Highway b. Consistent with the contractor's work force agreement, the contractor will, through Administration. requirements and as permissible under Federal independent recruitment efforts, fill the c. The contractors will submit an annual report and State regulations, the contractor shall make employment vacancies without regard to race, to the State highway agency each July for the full use of training programs, i.e. color, religion, sex, or national origin, making duration of the project, indicating the number apprenticeship, and on -the -job training full efforts to obtain qualified and /or of minority, women, and non - minonty group programs for the geographical area of contract qualifiable minonty group persons and women. employees currently engaged in each work performance. Where feasible, 25 percent of (The U.S. Department of Labor has held that it classification required by the contract work. apprentices or trainees in each occupation shall shall be no excuse that the union with which This information is to be reported on Form PR- be in their first year of apprenticeship or the contractor has a collective bargaining 1391. If on -the -job training is being required by training. In the event the Training Special agreement providing for exclusive referral "Training Special Provision ", the contractor Provision is provided under this contract, this failed to refer minonty employees ) In the event will be required to furnish Form FHDi'A 1409. subparagraph will be superseded as indicated in the union referral practice prevents the Attachment 2. contractor from meeting the obligations c. The contractor will advise employees and pursuant to &.ecutive Order 11246, as applicants for employment of available training amended, and these special provisions, such • programs and entrance requirements for each. EEO Paee 7 I EEO Special Provisions Minnesota Department of Transportation Revised 5 /01 Office of EEO Contract Manaeement ST,kNDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statute 363.073) Unless noted, the following apply to both Federal /federally assisted projects and State /state assisted projects. Item 3 applies to Federal /federally assisted projects only. 1 _ As used in these specifications: a_ "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations • through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan_ Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules r EEO Pape 8 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5/01 STANDARD FEDERAL, AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 5000.3535). The goals, set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is bein, performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of EEO Contract Management. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of an }' collective bargainin. agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or • women shall excuse the Contractors obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and M= esota Statutes, Section 363.073 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractors employees are assigned to work. For EEO Paee 9 i EEO Special Provisions Minnesota Department of Transportation Revised 5 /01 Office of EEO Contract Management STA.NTDARD FEDERAL AND STATE EEO CONSTRUCTION (h)CONTRACT SPECIFICATIONS (con 't) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide wntten notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and women off -the -street applicant and minority or women referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the indiv was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of • Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on -the job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall pro-,6de notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; b specific review of the policy with all management P Y P Y g P personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. • EEO Page 10 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5/01 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con's) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (1) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of • applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 0) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being earned out. (This is item 4(I) in Minnesota Rules.) t EEO Pate 1 I EEO special Provisions Minnesota Department of Transportation Revised 5101 Office of EEO Contract Management STANDARD FEDERAL AID STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con's) (n) Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under - utilized). 10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes 363.073, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. • EEO Page l2 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5;01 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (can't) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section 363.073. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as maybe imposed or ordered pursuant to Minnesota Statutes, Section 363.073, and its implementing rules for State or state assisted projects, or Executive Order 1 ] 246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section 363.073, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affrnnative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota • Statutes, Section 363.073 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment- related activity to ensure that the company equal employment opportunity policy is being carved out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at v,'hich the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall n6t be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. • EEO Paoe 13 EEO Special PrOV1510T15 Minnesota Department of Transportation Revised 5;01 Office of EEO Contract Management O EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60 -1.4 b, 7 -1 -96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3_ The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all promions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and brill permit access to its books, records, and accounts by the Federal Highway Adm nistration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractors noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared • inelig ble for further Government contracts or federally - assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7_ The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor -will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it artici ates in fede a t' w Provided, that if the applicant so participating is a State or local p p r Ily assisted construction work: P o pp p p s government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the adnnistering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 1 1246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee): refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Paae 14 Minnesota Department of Transportation Special Provisions Office of EEO Contract Management Revised 5 /01 Minority and `'Women Employment Goals Federal Goals State Goals 1\Zinorit} Women � Total 1llinority Goal (or) , Women C011Ilty Goal ` Goal _ I� Skilled I Unskilled I Goal Ai4dn I 2.2% I 6.9% I� 3.9 - 9 -4°/ - - I ,Anoka 2 9 % ° � I 6.9 ° I 6.7%° I 7.3/ I 9.4% Becker 0.7% 6.9% 2.5% 9.4 - - -- - - Beltranu ( 2.0% - 6.9% - - 10.2% 9.4 Benton 0.5 io 6.9% 1.4% 9.4% Big Stone I 2.2% 6.9% (� 2.2% 9.4 Blue Earth I` 2.2 % 6.9% I - - I 9.4% - 1 2.2% Brown I 2.2% 6,9% I 2.2 1 0 - I 9.4% - I Carlton I L2% 6.9% I 3.9% I 94% Carver I 2.9 °/ ( 6.9% II 6.7%° 1 7.3% I 9.4% - ° - - -- � %° 6.4% 2.6 io 9.4 °/ Chippewa 2 Cass I 2.2 '° I - - - - - ° -- -- - -- - -- J 6.9% 2.2/ - 9.4% Clusago I 2.9% 6.9% II- - - 29% I 9.4% 'I .Clati� I 0.7% 6.9% - -I - 2.5% - -- - I - 9.4% Clearwater f f 2.0% - - 6.9% I - 10-2 °� I - 9.4 °o I Cook 1 1 -2% 6.9% I 3.9% 9.4°/ • Co -- -- -- -- , . 9% .. -.. - -- 9.4% nonwood I 0.8 % 6 , 1.8% I Crow Wing I 2.2% 6.9% I 2.6% I 9.4% Dakota - - , 2.9% 6.9% -- II 6. 7% I 7.3% I 9.4% Dodge 0.9% 6.9% I 1.9°/ I 9.4% Douglas 2.2% 6.9% I 2.5°/ ( 9.4% Faribault II 2.2% 6.9% 2.2% 9.4% Fillmore I 0.9% 6.9% 1.9 { 9.4% Freeborn 0.9 6.9% If 1.9% ( 9.4 a Goodhue I 2.2% I 6.9% I 2.2% I 9.4% Grant I 2 -2% I I 2 - -- Hennepin 2.9% I 6.9% I p 9.5 °6 but in Mpls. ] 9.8% 9.4% 8 - 6io bur to L1 Is: 17.7%° Houston ( 0.6% 6.9% 1.9% 9.4% Hubbard 2.0% I 6.9 °/b 10.2% Isanti 2.2°/ 6.9% 9.4% Itasca �I 1.2 % -- -- 6 -9% I 3.9% 9. Jackson II 0.8°/ 6.9% I 1 8% 9.4% Kariabec II 2.2% 6.9% 2.2% 9.4% Kandivohi (4 2.2% - 6.9% 22% 9.4% Krttson 2.0% 6.9% 2.7% 9.4% Koochiching II 1.2% 6.9% 3.9% 9.4% Lac Qui Parle I� 2.2% 6.9% 2.2% I 9.4 Lake " 1 -2% 6.9% 3.9% I 9.4% Lake of the Woods ( 2 -0% 6.99,% �I 10.2 9.4 Le Sueur I 2.2 6.9% �I 2.2% I 9.4% Lincoln ( 0.8% 6.9 °/ I 1 8% I 9-4% • Lvon 0.8% 6.9 °° �(- - 1.8 %° - - -� - 9.4% EEO Paoe 15 I . EEO Special PTOVISions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management Federal Goals (+ State Goals County I17inority Women li Total Minority Goal (or) ( Women Goal Goal Skilled Unskilled Goal Mahnomen 2.0% 6.9 % ]0 2 °6 - - -- -_ I 9.4 °/ Marshall I 2.0% 6.9% II 2.7% 9.4% Martin I 2.2 6.9% II 2.2% I 9.4% McLeod 22°/ 6.9% II 2.2% 9.4% Meeker 2.2% 6.9 I 2.2% 9.4% Mille Lacs 2.2% 6.9% + 2.2% 9.4% Morrison ( 2.2% 6.9% I 2.6°/ I 9 -4% Mower 0.9% 6.9% 1.9°/ I 9.4% Murray 0.8% 6.9% I 1.8% 9.4% Nicollet 2.2 °6 6.9°/ 2.2% 9.4% Nobles 0.8% 6.9% 1.8% 9.4% Norman I 2.0°/ 6.9% ' 2.7% - ( 9.4% Olmsted I 1.4% 6.9% I 1.9% I 9.4°/ Otter Tail I 2.2% 6.9%° - I 2.5 % I 9.4% Pennington 10% 6.9% I� 2.7% I 9.4% Pine I 2.2% 6.9% I 2.2% 9.4% Pt estone 0.8% -- - - - - -- - -.__.. _. p I 6.9% � 1.8% � 9.4% Polk + 1.2% 6.9 °/ I 2.7 %° - - - - -' 9.4% Pope I 2.2% 6.9% I 2.5% 9.4% • Ramsey 2.9% 6.9 % 8.1 % bur in St Paula 14.3% 9.0 % bur in Si Paul: 15.4% 9.4% Red Lake 2.0% 6.9% I - 2.7% - -- -._ I 9.4% Redwood II 0.8% 6.9% II 1.8% + 9.4% Renville II 22% 6.9% II 2.2% 9.4% Rice I 2.2%° 6.9% I 2.2/6 9.4% Rock I 0.8% 6.9% II 1.8% 9.4% Roseau I 2.0% 6.9% II 2-7% - - - 9.4% Scott I 2.9% 6.9% II 6.7 �- - - 7.3% - 9.4% Sherburne II 0.5% 6.9% ( 1.4% I 9.4°/ Sibley 2.2% 6.9 % I 2.2% - - i 9.4% St. Louis 1.0% 6.9% 3.9% 9.4% Steams 0-5% 6.9% 1.4 °6 9.4% Steele ( 0.9 6.9% I 1 -9% 9.4% Stevens 2.2% 6.9% I 2.5% I 9.4% Swift 2.2% 6.9% 2.2% 9.4% Todd 2.2% 6.9% 2.6% 9.4% Traverse I 2.2% 6.9% 2.5% 9.4% Wabasha ( 0.9% 6.9% I 1.9% 9.4% Wadena 2.2% 6.9% 2.6% 9.4% I Waseca ' 22% 6.9% ( 2.2% 9.4% Washington I 2.9% 6.9°x6 I 6.7% I 7.3% 9.4% Watonw•an 22% 6.9% 2.2% 9.4% Wilkin 0-7% 6.9°/ I 2.5% 9-4% Winona 0.6°/ 6.9% I 1.9% ' 9.4% Wright ( 2.9°/ 6 9 2.9% 9.4% Fellow Medicine 1I 2.2% -- - - 6.9% 2.2% EEO Paae 16 • • EEO -12 Rev. 5/(1 Minnesota Department of "transportation 1. Contractor Name and Address: Office of LEO Contract Management Contractor Employment Data 2. Employment Data c) New Hire d) E(hnici(y e) Gender f) Trade/Foreman, g) Level a) Name: Last Namc, First Name, MI h) Social Securlly 4 I (Y nr N) (M or F) Supervisors, Managers I (A, J, or T) I. 2. 3 4. 5. 6, 7. 9 i 10. IL 12. 13 14 15, 16. 17, 18. 19. 20, 21. 22. 23 24. i 25. 26, 27. 28, 29. 30. If you have submitted this form at any lime during lhls calendar year, yon do no( need to submit another one. EEO -13 Rev 5 /01 Minnesota Department of Transportation 1. SP /SAP: (660eone) 3. Contractor Name and AddresS: 4. I I Prlmc Contractor f I Subcontractor Office of EEO Contract Management Counly or City: 5. Dollar Amount of Contract; Monthly Employment Compliance Report EEO-13 2. Reporting Period: 6. Percent of Completion: o 7. Employment Dal a c) New IIire d) e) Gender f) Trade /foreman, g) Level h) IIrS Worked n) Name: Last, First, 611 b) Soclnl Securlly H (Y or N) Eiludcity I (NI or F) Supervisors, Nlan2ge rs I (A, J, or T) I rhIs Period I. 2. .1, 4. 5 6. I 7. 10 11. 2. 13 14. 16. I 17, 18, 19. 20. 11, 22. 23. - -- - - -- - -- - - - AS CONT RACT GOALS 9. CONTRACT GOALS 1 10. Prepared by: ( Signature) 11. Reviewed by: (Signature) I I MINNESOTA GOALS %OBTAINED FEDERAL GOALS % OBTAIN ED Minority Skilled io % Minority % Unskilled % % Women % (Tnie) (Dale) (Title) (Date) Women % Phone: Phone: EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management INSTRUCTIONS FOR EEO -12 CONTRACTOR EI IPLOYNIENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT construction project for the calendar year. (Prime and Subs) 1. Contractor Name and Address self - explanatory. 2. Emplovment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self - explanatory. 2c. New Hire is to be indicated with a " ) "' for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnici can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (Al), Asian/Pacific Islander (AP), or White (W). • 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers self - explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT Trainee. If you have questions about filling out this form contact the Office of EEO Contract Management at (651) 282 -6026. (Please make copies as you need them.) This information can be submitted electronically via the web, on disk, or e-mail. To find out more about this possibility please call Mn/DOT's Office of EEO Contact Management at (651) 282 -6026. • If you have subnutled this form at any time during this calendar year. N ou do not need to submit another one. I EEO Special Provisions Minnesota Department of Transportation Revised 5101 Office of EEO Contract Management INSTRUCTIONS FOR EEO -13 MONTHLY EIlIPLOYNIENT COMPLIANCE REPORT 1. -5. Self - explanatory. 6. Percent of Comnletion is the estimated percentage of work completed including this reporting period. 7. Em lovment Data info w p information ';A coincide yttlt our employment records. All professional, s and Y P F rY managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed First Name, Middle Initial, and Last Name. This will enable Mn/DOT EEO staffto readily identify individuals on all projects. 7b. Social Security Number self - explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an 'N" for No. "New Hire" is an employee who has not worked for you in any ca capacity or on an other project w the } p ty y th r p of within e calendar }ear. 7d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AJ), Asian/Pacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f. Trade/Foreman. Supervisors. Managers list the trade that applies unless employee fits one of the other three • categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MtVDOT Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the reporting period. 9. -10. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment Goals. Projects in excess of $10,000 with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 15 -16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 11. Prepared by Contractor Designee is the signature of the prime or subcontractor's EEO officer /designee. 12. Reviewed by Proiect En6neer is the signature of the Mn/DOT staff monitoring the project. If you have questions about filling out this form, contact the Office of EEO Contract Management at (651) 282 -6026. (Please make copies as you need them.) This information can be submitted electronically via the web, on disk. or e -mail. To find out more about this possibility please call Mn/DOT's Office of EEO Contact Management at (651) 282 -6026. EEO Page 20 • Minnesota Department of Transportation Special ProNisions Office of EEO Contract Management Revised 5/01 ECONOI DCALLY DISADVANTAGED EMPLOYEE (EDE) INCENTIVE PROGRAIII When the Contractor or subcontractor on a State Project (S.P.) has met the goals for minority and female as set forth in the "Notice of Requirement for Affirmative Action to ensure Employment Equal Em to participation q 9 P y Opportunity" contained in the Proposal for the Project (EEO Page 2), hours of minority employment in excess of the minimum required to meet the goal will be reimbursed at the rate of $2.00 per hour. Hours of employment of qualified and certified economically disadvantaged employees shall be added to the excess minority hours to " calculate the total reimbursement. Monies otherwise due the contractor will be adjusted to incorporate the reimbursement. This program is not available for State -Aid Projects. For purposes of this provision, economically disadvantaged is defined as being a member of a household whose household income is less than the poverty guideline. The poverty income guidelines for all Minnesota counties are as follows (2001 Poverty Guidelines): Familv Size At?aregate Income Family Size A22re2ate Income 1 $8,590 6 $23,690 2 $11,610 7 $26,710 • 3 $14,630 8 $29,730 4 $17,650 9 $30,450 5 $20,670 10 $33,250 No employee who is utilized by the Contractor to comply with the minimum requirements for affirmative action hereunder shall qualify for the incentive payment. The Contractor will be required to certify that each economically disadvantaged employee for whom an incentive payment is sought meets the criteria set forth herein at the time of hire. Recruitment resources for economically disadvantaged employees (EDE) are listed below: 1. Council on Black Minnesotans 3. Minnesota Indian Affairs Council 2233 University Avenue West 1450 Energy Park Drive Suite 426 Wright Building Room 140 West St. Paul, MN 55114 St. Paul, MN 55108 Tel: 651- 642 -0811 Tel: 651- 643 -3032 Fax: 651 -643 -3580 Fax: 651 -643 -3077 2. Council on Asian - Pacific 4. Chicano Latino Affairs Council Rlinnesotans 555 Park Street 200 University Avenue West, Suite 408 Suite 100 St. Paul, MN 55103 St. Paul, NIN 55103 Tel: 651- 296 -9587 Tel: 651-296-0538 Fax: 651- 297 -1297 • Fax: 651 -297 -8735 EEO Page 21 , EEO - 14 Rev 6/98 Minnesota Department of Transportation S -P. /S A -P. No: County EEO Contract management Office or Ctrr. ECONOMIC DISADVANTAGED EMPLOYEE Month 19 INCENTIVE REPORT Contractor- Address: Prime Contractor ❑Subcontractor Job Categories I Total Hours by EDEs Names of Economic Disadvantaged Employees (EDE): Offictals[Managers Supervisors 111 I. Forem enlW omen I 2 Clerical 3. Equipment Operators I 4. Mechanics 5 Truck drivers 6 Ironworkers I 2 (Carpenters - — - - - -...- - � 8. Cement Masons I 9 Electnaans - -- - - - -- - - - - - 110 Pipefitters, Plumbers 111. Painters - _ - 112. • J Laborers I 111 14. Total I 115. AFFIDAVIT 1, . being first duly swom, do depose and say. 1 That 1 am the authonzed represematn e of (Name of individual, partnership or corporation) and that 1 have the amhonry to make this Affidavit for and on behalf of said Contractor, 2. That the Economic Disadvantaged Employee (EDE) incentive hours hsted were performed by qualified EDE's 3. That I have fullv informed myself regarding the accuracy of the statements made to this Affidavit. Signed: Subscribed and swom to before me this Contractor or Authorized Representative (Date) day of 19 Notan Public My commission expires. ,19 CONTRACT GOALS For Mn,rDOT use only MINNESOTA % OBTAINED ❑ MINORITY Compliance (Or) Skilled /o ❑Non - compliance Unskilled % ❑ Process Payment a 4 % WOMEN % - - _ (.Approved by) (Date) EEO Paee 22 • `HNFr'oT o� -1 6 MWNESOTA DEPARIT -LENT OF TRANSPORTATION EEO -5 D OFFICE OF EEO CONTRACT NLkNAGEMENT 4197 pe e ON -TEE -JOB TRTNING PROGRAM "l OF T1;PZP TRAINEE ASSIGNMENT SP ~: Location: District: Project Engineer: Phone: ( ) Prime Contractor: Phone: ( } Address: City: State: Zip: EEO Officer: Project Manager: Tel: Training Contractor: Phone: ( ) Address: City: State: Zip: EEO Officer_ Project Manaeer: Tel: • TR.A.I_NEE Job Title or Number of Training Trade Classification: Hours on this Project: Name: S.S. #: Address: Phone: ( ) City: State: Zip: EEO Officer: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program.' ❑ Yes []No If YES, verify with .Apprenticeship Form or Indenture Number: 1. Ethnic Background: Hispanic Black: Asian/Pacific Islander White Am. Ind/Alaskan (Venfy with Tribal I.D. # or Affiliation ). 2. Male; Female; • EEO Page 23 I Mn/DOT 21860 (4 -77) MINNESOTA DEPARTME2,rT OF TRANSPORTATION EEO -6 OFFICE OF EEO CONTRACT MANAGEMENT 4/97 • CERTIFICATION OF ON- THE -JOB TRAINING HOURS FEDERAL - AID - PROJECTS Contractor: submit original and one cop) monthly to the project engineer CONTRACTOR REPORTING PERIOD ADDRESS S.P. NO. (LOW) F.P. NO. TRAINEE HOURS WORKED HOURS WORKED TOTAL HOURS PREVIOUSLY THIS PERIOD TO DATE I Amount of Claim hours @ PER HOUR = 5 CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On- the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature /Title Dare PROJECT ENGINEER: I hereby cemfy that the On- the -Job training hours reported above have been reviewed and found correct. Engineer Sip azure /Title Date COMMENTS: EEO Pace 24 I • Minnesota Department of Transportation Special Provisions Office of EEO Contract Management Revised 5/01 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2, 1987, revised October 21, 1993, FHV✓.A Electronic Version March 10, 1994) Page 5. Disputes arising out of the labor standards provisions of I. General EEO -25 Section IV (except paragraph 5) and Section V of these 11. Nondiscrimination ................. EEO -25 Required Contract Provisions shall not be subject to the III. Nonsegregated Facilities ......... _ .. EEO -29 general disputes clause of this contract. Such disputes shall IV. Payment of Predetermined Minimum be resolved in accordance with the procedures of the U.S. Wage ........................... EEO -29 Department of Labor (DOL) as set forth in 29 CFR 5, 6, and V. Statements and Payrolls ............ EEO -32 7. Disputes within the meaning of this clause include VI. Record of Materials, Supplies, and disputes between the contractor (or any of its sub - Labor ........................... EEO -33 contractors) and the contracting agency, the DOL, or the ArII. Subletting or Assigning the Contract .. EEO -33 contractor's employees or their representatives. VIII. Safety: Accident Prevention ......... EEO -34 IX. False Statements Concerning Highway 6. Selection of Labor: During the performance of this Projects ......................... EEO -34 contract, the contractor shall not: X. Implementation of Clean Air Act and a. discriminate against labor from any other State, Federal Water Pollution Control Act .. EEO -35 possession, or territory of the United States (except for M. Cemfication Regarding Debarment, employment preference for Appalachian contracts, when Suspension, Ineligibility, and Voluntary applicable, as specified in .Attachment A), or Exclusion ......................... EEO -35 X11. Certification Regarding Use of Contract b. employ convict labor for any purpose within the Funds for Lobbying ................ EEO -37 hunts of the project unless it is labor performed by convicts • .Appendix A EEO -38 who are on parole, supervised release, or probation. I. GENERAL I1. NONDISCRIMINATION 1. These contract provisions shall apply to all work (.Applicable to all Federal -aid construction contracts and performed on the contract b} the contractor's own to all related subcontracts of 510,000 or more.) organization and with the assistance of workers under the contractor's immediate supmnicndence and to all work 1. Equal Employment Opportunity: Equal employ - performed on the contract by piecework, station work, or by meet opportunity (EEO) requirements not to discriminate subcontract. and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 2. Except as otherwise provided for in each section, the CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the contractor shall insert in each subcontract all of the SecretarvofLaboras modified by the provisions prescribed stipulations contained in these Required Contract herein, and imposed pursuant to 23 U.S.C. 140 shall Provisions, and further require their inclusion in any lower constitute the EEO and specific affirmative action standards tier subcontract or purchase order that may in turn be made. for the contractor's project activities under this contract. The Required Contract Provisions shall notbe incorporated The Equal Opportunity Construction Contract Specifi- by reference in any case. The prime contractor shall be cations set forth under 41 CFR 60-4.3 and the provisions of responsible for compliance by any subcontractor or lower the American Disabilities Act of 1990 (42 U.S.C. 12101 et tier subcontractor with these Required Contract Provisions. seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution 3. A breach of any of the stipulations contained in these of this contract, the contractor agrees to comply with the Required Contract Provisions shall be sufficient grounds for following minimum specific requirement activities of EEO: termination of the contract. a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out 4. A breach of the following clauses of the Required EEO obligations and in their review of his/her activities Contract Provisions may also be £rounds for debarment as under the contract. provided in 29 CFR 5.12: Section 1, paragraph 2; b. The contractor will accept as his operating policy Section IV, paragraphs 1, 2, 3, 4, and 7; the following statement: O Section V, paragraphs 1 and 2a through 2g. EEO Page 25 EEO Special Provisions Minnesota Department of Transportation Revised 5101 Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con't) "it is the policy of this Company to assure that 4. Recruitment: When advertising for employees, the applicants are employed, and that employees are treated contractor will include in all advertisements for employees during employment, without regard to their race, the notation: "An Equal Opportunity Employer." All such religion, sex, color, national origin, age or disability. advertisements A611 be placed in publications having a large Such action shall include: employment, upgrading, circulation among minority groups in the area from which demotion, or transfer; recruitment or recruitment the project work force would normally be derived. advertising; layoff or termination; rates of pay or other a. The contractor will, unless precluded by a valid forms of compensation; and selection for training, bargaining agreement, conduct systematic and direct including apprenticeship, preapprenticeship, and/or recruitment through public and private employee referral on-the-job training." sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify 2. EEO Officer: The contractor will designate and make sources of potential minority group employees, and known to the SHA contracting officers an EEO Officer who establish with such identified sources procedures whereby will have the responsibility for and must be capable of minonty group applicants may be referred to the contractor effectively administering and promoting an active contractor for employment consideration. program of EEO and who must be assigned adequate authority and responsibility to do so. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he 3. Dissemination of Policy: All members of the is expected to observe the provisions of that agreement to contractor's staff who are authorized to hire, supemse, the extent that the system permits the contractor's Promote, and discharge employees, orwhorecommend such compliance with EEO contract pro-visions. (The DOL has action, or who are substantially involved in such action, Will held that where implementation of such agreements have the be made fully cognizant of, and will implement, the effect of discriminating against minorities or women, or contractor's EEO policy and contractual responsibilities to obligates the contractor to do the same, such implementation provide EEO in each grade and classification of violates Executive Order 11246, as amended.) employment. To ensure that the above agreement will be • met, the following actions will be taken as a minimum: C. The contractor will encourage his present employees to refer minority group applicants for a. Periodic meetings of supervisory and personnel employment. Information and procedures with regard to office employees will be conducted before the start of work referring minority group applicants will be discussed with and then not less often than once every six months, at which employees. time the contractor's EEO policy and its implementation will be reviewed and explained. The meetingsvvill be conducted 5. Personnel Actions: Wages, working conditions, and by the EEO Officer. employee benefits shall be established and administered, and personnel actions of every type, including hiring, b. All new supervisory orpersonnel office employees upgrading, promotion, transfer, demotion, layoff, and Will be given a thorough indoctrination by the EEO Officer, termination, shall be taken without regard to race, color, covering all major aspects of the contractor's EEO religion, sex, national origin, age or disability. The obligations within thirty days following their reporting for following procedures shall be followed: duty with the contractor. a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee c. All personnel who are engaged in direct recruitment facilities do not indicate discriminatory treatment of project for the project will be instructed by the EEO Officer in the site personnel. contractor's procedures for locating and hiring rnmonty group employees. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any d. Notices and posters setting forth the contractor's evidence of discriminatory wage practices. EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential c. The contractor will periodically review selected employees. personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the e. The contractor's EEO policy and the procedures to contractor will promptly take corrective action. If the implement such policy will be brought to the attention of review indicates that the discrimination may extend beyond employees by means of meetings, employee handbooks, or the actions reviewed, such corrective action shall include all other appropriate means. affected persons. • EEO Page 26 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5 /01 REQUIRED CONTRACT PROVISIONS (con's) c. The contractor is to obtain information as to the d. The contractor will promptly investigate all complaints referral practices and policies of the labor union except that of alleged discrimination made to the contractor m to the extent such information is within the exclusive connection with his obligations under this contract, will possession of the labor union and such labor union refuses attempt to resolve such complaints, and will take to furnish such information to the contractor, the contractor appropriate corrective action within a reasonable time. Ifthe shall so certify to the SHA and shall set forth what efforts investigation indicates that the discrimination may affect have been made to obtain such infon persons other than the complainant, such corrective action shall include such other persons. Upon completion of each d. In the event the union is unable to provide the investigation, the contractor will inform every complainant contractor with a reasonable flow of minority and women of all of his avenues of appeal. referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through 6. Training and Promotion: bargaining recruitment efforts, fill the employment a. The contractor will assist in locating, qualifying, vacancies without regard to race, color, religion, sex, and mcreasing the skills of minority group and women national origin, age or disability; making full efforts to employees, and applicants for employment. obtain qualified and/or qualifiable minority group persons b. Consistent with the contractor's work force and women. (The DOL has held that it shall be no excuse requirements and as permissible under Federal and State that the union with which the contractor has a collective regulations, the contractor shall make full use of training bargaining agreement providing for exclusive referral failed to refer programs, i.e., apprenticeship, and on-the-job training minority employees.) In the event the union referral programs for the geographical area of contract performance. practice prevents the contractor from meeting the Where feasible, 25 percent of apprentices or trainees in each obh nations pursuant to Executive Order 11246, as amended occupation shall be in their first year of apprenticeship or and these special provisions, such contractor shall imme- training. In the event a special provision for training is diately notify the SHA. ® provided under this contract, this subparagraph will be superseded as indicated in the special provision. S. Selection of Subcontractors, Procurement of C. The contractor will advise employees and Materials and Leasing of Equipment: The contractor applicants for employment of available training programs shall not discriminate on the groundsofrace , color, religion, and entrance requirements for each. sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of d. The contractor will periodicallyreview the training materials and leases of equipment. and promotion potential of minority group and women a. The contractor shall notif all potential sub - employees and will encourage eligible employees to apply contractors and suppliers of his/her EEO obligations under for such training and promotion. this contract. 7. Unions: If the contractor relies in whole or in part b. Disadvantaged business enterprises (DBE), as upon unions as a source of employees, the contractor will defined in 49 CFR 23, shall have equal opportunity to use his/her best efforts to obtain the cooperation of such compete for and perform subcontracts which the contractor unions to increase opportunities for minonty groups and enters into pursuant to this contract. The contractor will use women within the unions, and to effect referrals by such his best efforts to solicit bids from and to utilize DBE unions of minority and female employees. Actions by the subcontractors or subcontractors with meaningful minority contractor either directly or through a contractor's group and female representation among their employees. association acting as agent will include the procedures set Contractors shall obtain lists of DBE construction firms forth below: from SHA personnel. a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed c. The contractor will use his best efforts to ensure toward qualifying more minority group members and subcontractor compliance with their EEO obligations. women for membership in the unions and increasing the skills of minority group employees and women so that they 9. Records and Reports: The contractor shall keep such may qualify for higher paying employment. records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of b. The contractor will use best efforts to incorporate three years following completion of the contract work and an EEO clause into each union agreement to the end that shall be available at reasonable times and places for such union will be contractually bound to refer applicants inspection by authorized representatives ofthe SHA andthe • writhout regard to their race, color, religion, sex, national F)yWA. origin, age or disability. a. The records kept by the contractor shall document ` the folloNvma: EEC) Paee 27 EEO Special Provisions Minnesota Department of Transportation • Revised 5/01 Office of EEO Contract Manaaement REQUIRED CONTRACT PROVISIONS (con't) (1) The number of minority and non- n obtain identical certification from proposed subcontractors group members and women employed in each work classifi- or material suppliers pnor to award of subcontracts or cation on the project; consummation of material supply agreements of S 10,000 or (2) The progress and efforts being made in more and that it will retain such certifications in its files. cooperation with unions, when applicable, to increase employment opportunities for minorities and women; IV. PAYMENT OF PREDETERMINED MINIMUM (3) The progress and efforts being made in WAGE locating, hiring, training, qualifying, and upgrading minority and female employees; and (Applicable to all Federal -aid construction contracts (4) The progress and efforts being made in exceeding S2,000 and to all related subcontracts, except for securing the services of DBE subcontractors or subcon- projects located on roadways classified as local roads or tractors with meaningful minority and female representation rural minor collectors, which are exempt.) among their employees. 1. General: b. The contractors will submit an annual report to the a. All mechanics and laborers employed or working SHA each July for the duration of the project, indicatin the upon the site of the work will be paid unconditionally and number of minority, women, and non - minority group not less often than once a week and without subsequent employees currently engaged in each work classification deduction or rebate on any account (except such payroll required by the contract work. This information is to be deductions as are permitted by regulations (29 CFR 3) reported on Form PR -1391. if on- the -job training is being issued by the Secretary of Labor under the Copeland Act requiredbyspecial provision, the conuactorwill berequired (40 U.S.C. 276c) the full amounts of wages and bona fide to collect and report training data. fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not III. NONSEGREGATED FACILITIES less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") (Applicable to all Federal -aid construction contracts and which is attached hereto and made a part hereof, regardless • to all related subcontracts of S 10,000 or more.) of any contractual relationship which may be alleged to a. By submission of this bid the execution of this w exist between the contractor or its subcontractors and such tion of this laborers andmechanics. Theagedeterrnination(including contract or subcontract, or the consummation execution anv additional classifications and wat?e rates conformed material supply agreement or purchase order, as appropriate, under paragraph 2 of this Section TV and the DOL poster the bidder, Federal -aid construction contractor, (WI-1 -1321) or Form FHWA -1495) shall be posted at all subcontractor, material supplier, or N endor, as appropriate, times by the contractor and its subcontractors at the site of certifies that the firm does not maintain or provide for its the work in a prominent and accessible place where it can employees any segregated facilities at any of its be easily seen by the workers. For the purpose of this establishments, and that the firm does not permit its Section, contributions made Or costs reasonably anticipated employees to perform their services at any location, under for bona fide fringe benefits under Section 1(b)(2) of the its control, where segregated facilities are maintained. The Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or firm agrees that a breach of this certification is a violation mechanics are considered wages paid to such laborers or of the EEO provisions of this contract. The firm further mechanics, subject to the provisions of Section IV, certifies that no employee will be denied access to adequate paragraph 3b, hereof. Also, for the purpose of this Section, facilities on the basis of sex or disability. regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under b. As used in this certification, the term "segregated plans, funds, or programs, which cover the particular facilities" means any waiting rooms, work areas, restrooms weekly period, are deemed to be constructively made or and washrooms, restaurants and other eating areas, incurred during such weekly period. Such laborers and timeclocks, locker rooms, and other storage or dressing mechanics shall be paidthe appropriate wage rate and fringe areas, parking lots, drinking fountains, recreation or benefits on the wage determination for the classification of entertainment areas, transportation, and housing facili es work actually performed, without regard to skill, except as provided for employees which are segregated by explicit provided in paragraphs 4 and 5 of this Section IV. directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of b. Laborers or mechanics performing work in more habit, local custom, or otherwise. The only exception will than one classification may be compensated at the rate be for the disabled when the demands for accessibility specified for each classification for the time actually override (e.g. disabled parking). c. The contractor agrees that it has obtained or will EEO Page 28 Minnesota Department of Transportation EEO Special PTia isions Office of EEO Contract Management Revised 5101 REQUIRED CONTRACT PROVISIONS (con't) worked therein, provided, that the employer's payroll that additional time is necessary records accurately set forth the time spent in each classification in which work is performed. e. The wage rate (including fringe benefits where c. All rulings and interpretations of the Davis -Bacon appropriate) determined pursuant to paragraph 2c or 2d of Act and related acts contained in 29 CFR I, 3, and 5 are this Section IV shall be paid to all workers performing work herein incorporated by reference in this contract. in the additional classification from the first day on which work is performed in the classification. 2. Classification: a. The SHA contracting officer shall require that any 3. Payment of Fringe Benefits: class of laborers or mechanics employed under the contract, a. Whenever the minimum wage rate prescribed in the which is not listed in the wage determination, shall be contract for a class of laborers or mechanics includes a classified in conformance with the wage determination. fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall eitherpay b. The contracting officer shall approve an additional the benefit as stated in the wage determination or shall pay classification, wage rate and fringe benefits onlywben the anotherbona fide fringe benefit or an hourly case equivalent following criteria have been met: thereof. (l) the work to be performed by the additional classification requested is not performed by a classification b. If the contractor or subcontractor, as appropriate, in the wage determination; does not make payments to a trustee or other third person, (2) the additional classification is utilized in the he/she may consider as a part of the wages of any laborer or area by the construction industry, mechanic the amount of any costs reasonably anticipated in (3) the proposed wage rate, including any bona providingbona fide fnnge benefits under a plan orprogram, fide fringe benefits, bears a reasonable relationship to the provided, that the Secretary of Labor has found, upon the wage rates contained in the wage determination; and vi request of the contractor, that the applicable Stan- • (4) with respect to helpers as defined in Section dards ofthe Davis -Bacon Act have been met. The Secretary IV A(c), when such a classification prevails in the area in of Labor mayrequire the contractor to set aside in a separate Which the work is performed. account assets for the meeting of obligations under the plan or program. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (ifknow n)tobe employed in the 4. Apprentices and Trainees (Programs of the U.S. additional classification or their representatives, and the DOL): contracting officer agree on the classification and wage rate a_ Apprentices: (including the amount designated for fringe benefits where (1) Apprentices will be permitted to work at less appropriate), a report of the action taken shall be sent by the than the predetermined rate for the work they performed contracting officer to the DOL, Administrator of the Wage when they are employed pursuant to and individually and Hour Division, Employment Standards Administration, registered in a bona fide apprenticeship program registered Washington, D.C. 20210_ The Wage and Hour Administra- with the DOL, Employment and Training Adrrunistration, tor, or an authorized representative, wif approve, modify, Bureau of Apprenticeship and Training, or with a State or disapprove every additional classification action within apprenticeship agency recognized by the Bureau, or if a 30 days of receipt and so advise the contracting officer or person is employed in his /her first 90 days of probationary will notify the contracting officer within the 30 -day period employment as an apprentice in such an apprenticeship that additional time is necessary. program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship d_ In the event the contractor or subcontractors, as and Training or a State apprenticeship agency (where appropriate, the laborers or mechanics to be employed in the appropriate) to be eligible for probationary employment as additional classification or their representatives, and the an apprentice. contracting officer do not agree on the proposed (2) The allowable ratio of apprentices to classification and wage rate (including the amount journeyman-level employees on the job site in any craft designated for fringe benefits, where appropriate), the classification shall not be greater than the ratio permitted to contracting officer shall refer the questions, including the the contractor as to the entire work force under the views of all interested parties and the recommendation of registered program. Any employee listed on a payroll at an the contracting officer, to the Wage and Hour Administrator apprentice wage rate, who is not registered or otherwise for determination. Said Administrator, or an authorized employed as stated above, shall be paid not less than the representative, will issue a deternnation within 30 days of applicable wane rate listed in the wage determination for the • receipt and so advise the contracting officer or will notify classification of work actually performed. In addition, any the contracting officer within the 30 -day period apprentice performin work on the job site in excess of the ratio permitted under the registered program shall be EEO Pave 29 EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management REQUIRED CONTRACT PROVISIONS (con 't) paid not less than the applicable wage rate on the wage determination. Trainees shall be paid fringe benefits in detemvnation for the work actually performed. 'Where a accordance with the provisions of the trainee program. If contractor or subcontractor is performing construction on a the trainee program does not mention fringe benefits, project in a locality other than that in which its program is trainees shall be paid the full amount of fringe benefits registered, the ratios and wage rates (expressed in listed on the wage determination unless the Administrator percentages of the joumeyman-level hourly rate) specified of the Wage and Hour Division determines that there is an in the contractor's or subcontractors registered program apprenticeship program associated with the corresponding shall be observed. journeyman-level wage rate on the wage determination (3) Every apprentice must be paid at not less than which provides for less than full fringe benefits for the rate specified in the registered program for the apprentices, in which case such trainees shall receive the apprentice's level of progress, expressed as a percentage of same fringe benefits as apprentices. the journeyman -level hourly rate specified in the applicable (4) In the event the Employment and Training wage determination. Apprentices shall be paid fringe Administration withdraws approval of a training program, benefits in accordance with the provisions ofthe apprentice- the contractor or subcontractor will no longer be permitted ship program. If the apprenticeship program does not to utilize trainees at less than the applicable predetermined specify fringe benefits, apprentices most be paid the full rate for the work performed until an acceptable program is amount of fringe benefits listed on the wage determination approved. for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice C. Helpers: prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. Helpers will be permitted to work on a project if the (4) In the event the Bureau of Apprenticeship and helper classification is specified and defined on the applica- Training, or a State apprenticeship agencyrecognizedbythe ble wage determination or is approved pursuant to the Bureau, withdraws approval of an apprenticeship program, conformance procedure set forth in Section IV.2. Any the contractor or subcontractor will no longer be permitted worker listed on a payroll at a helper wage rate, who is not to utilize apprentices at less than the applicable a helper under an approved definition, shall be paid not less • predetermined rate for the comparable work performed by than the applicable wage rate on the wage deterrrnnation for regular employees until an acceptable program is approved. the classification of work actually performed. b. Trainees: 5. Apprentices and Trainees (Programs of the U.S. (1) Except as provided in 29 CFR 5.)6, trainees DOT): Will not be permitted to work at less than the predetermined rate for the work performed unless they are employed ,Apprentices and trainees working under apprenticeship pursuant to and individually registered in a program which and skill training programs which have been certified bythe has received prior approval, evidenced by formal Secretary of Transportation as promoting EEO in certification by the DOL, Employment and Training Administration. connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this (2) The ratio of trainees to j ourne y man-level Section IV. The straight time hourly wage rates for employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training apprentices and trainees under such programs will be estab- lished by the particular programs. The ratio of apprentices Administration. Any employee listed on the payroll at a and trainees to journeymen shall not be greater than trainee rate who is not registered and participating in a permitted by the terms of the particular program. training plan approved by the Employment and Training ,Administration shall be paid not less than the applicable 6. Withbolding: wage rate on the wage determination for the classification of work actually performed. In addition, any trainee The SHA shall upon its own action or upon written performing work on the job site in excess of the ratio request of an authorized representative of the DOL permitted under the registered program shall bepaidnot less withhold, or cause to be withheld, from the contractor or than the applicable wage rate on the wage determination for subcontractor under this contract or any other Federal the work actually performed. contract with the same prime contractor, or any other (3) Every trainee must be paid at not less than the Federally- assisted contract subject to Davis -Bacon rate specified in the approved program for his/her level of prevailing wage requirements which is held by the same progress, expressed as a percentage of the journeyman-level prime contractor, as much of the accrued payments or hourly rate specified in the applicable wage advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, andhelpers, • employed by the contractor or an } subcontractor EEO Page 30 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised x /01 REQUIRED CONTRACT PROVISIONS (con 't) the full amount of wages required by the contract. In the N'. STATEAIENTS AND PAYROLLS event of failure to pay any laborer or mechanic, including (Applicable to all Federal -aid construction contracts any apprentice, trainee, or helper, employed or working on exceeding S1,000 and to all related subcontracts, except for the site of the work all or part of the wages required by the protects located on roadways classified as local roads or contract, the SHA contracting officer may, after written rural collectors, which are exempt.) notice to the contractor, take such action as may be necessary to cause the suspension of any further payrnent, 1. Compliance »ith Copeland Regulations (29 CFR3): advance, or guarantee of funds until such violations have The contractor shall comply with the Copeland Regula- ceased. lions of the Secretary of Labor which are herein Incorporated by reference. 7. Overtime Requirements: No contractor or subcontractor contracting for any 2 Pavrolls and Pavroll Records: part of the contract work which may require or involve the a. Payrolls and basic records relating thereto shall be employment of laborers, mechanics, watchmen, or guards maintained bythe contractor and each subcontractor during (including apprentices, trainees, and helpers described in the course of the work and preserved for a period of 3 years paragraphs 4 and 5 above) shall require or permit any from the date of completion of the contract for all laborers, laborer, mechanic, watchman, or ward in any workweek in mechanics, apprentices, trainees, watchmen, helpers, and which he /she is employed on such work, to work in excess guards working at the site of the work. of 40 hours in such workweek unless such laborer, me- chanic, watchman, or ward receives compensation at a rate b. The payroll records shall contain the name, social not less than one -and- one -half times his/her basic rate of security number, and address of each such employee; his or pay for all hours worked in excess of 40 hours in such her correct classification; hourly rates of wages paid workweek. (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the S. Violation: types described in Section 1(b)(2)(B) of the Davis Bacon Liability for Unpaid Wages; Liquidated Damages: In Act): daily and weekly number of hours worked; deductions the event of any violation of the clause set forth in made; and actual wages paid. In addition, for Appalachian paragraph 7 above, the contractor and any subcontractor contracts, the payroll records shall contain a notation responsible thereof shall be liable to the affected employee Indicatingwhether the employee does, or does not, normally for his/her unpaid wages. In addition, such contractor shall reside in the labor area as defined in Attachment A, be liable to the United States (in the case of work done paragraph 1. Whenever the Secretary of Labor, pursuant to under contract for the District of Columbia or a territory, to Section W. paragraph 3b, has found that the wages of any such District or to such territory) for liquidated damages. laborer or mechanic include the amount of any costs Such liquidated damages shall be computed with respect to reasonably anticipated in providing benefits under a plan or each individual laborer, mechanic, watchman, or guard program described in Section 1(b)(2)(B) of the Davis Bacon employed in violation of the clause set forth in paragraph 7, Act, the contractor and each subcontractor shall maintain in the sum of $10 for each calendar day on which such records which show that the commitment to provide such employee wasrequiredorpermittedto work in excess ofthe benefits is enforceable, that the plan or program is standard work week of 40 hours without payment of the financially possible, that the plan or program has been communicated in writing to the laborers or mechanics overtime wages required by the clause set forth in paragraph affected, and show the cost anticipated or the actual cost 7. incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under 9. Withholding for Unpaid Wages and Liquidated approved programs shall maintain written evidence of the Damages: registration of apprentices and trainees, andratios and wage The SHA shall upon its own action or upon written rates prescribed in the applicable programs. request of any authorized representative of the DOL withhold, or cause lobe withheld, from any monies payable c. Each contractor and subcontractor shall furnish, on account of work performed by the contractor or each week in which any contract work is performed, to the subcontractor under any such contract or any other Federal SHA resident engineer a payroll of wages paid each of its contract with the same prime contractor, or any other employees (including apprentices, trainees, and helpers, Federally- assisted contract subject to the Contract Work described in Section IV, paragraphs 4 and 5, and watchmen Hours and Safety Standards Act, which is held by the same and guards engaged on work during the preceding weekly prime contractor, such sums as may be determined to be payroll period). The payroll submitted shall set out t satisfy an liabilities of such contractor or necessary o y y to and completely all of the information required to r accurately p y q • subcontractor for unpaid wages and liquidated damages as be maintained under paragraph 2b of this Section V. This provided in the clause set forth in paragraph 8 above. information may be submitted in any form EEO Pane -,1 EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management REQUIRED CONTRACT PROVISION'S (con 't) desired. Optional Form WH -347 is available for this submit the required records upon request or to make such purpose and may be purchased from the Superintendent of records available may be grounds for debarment action Documents (Federal stock number 029 - 005- 0014 -1), U.S. pursuant to 29 CFR 5.12. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies VI. RECORD OF MATERIALS, SUPPLIES, AND of payrolls by all subcontractors. LABOR d. Each payroll submitted shall be accompanied by a 1. On all Federal -aid contracts on the National Highway "Statement of Compliance," signed by the contractor or System except those which provide solely for the subcontractor or his./her agent who pays or supervises the installation ofpiotective devices at railroad grade crossings, payment of the persons employed under the contract and those which are constructed on a force account or direct shall certify the following: labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and (1) that the payroll for the payroll period contains bridge is less than $1,000,000 (23 CFR 635) the contractor the information required to be maintained under paragraph shall: 2b of this Section V and that such information is correct and a. Become familiar with the list of specific materials complete; and supplies contained in Form FHWA "Statement of Materials and Labor Used by Contractor of Highway (2) that such laborer or mechanic (including each Construction Involving Federal Funds," prior to the helper, apprentice, and trainee) employed on the contract commencement of work under this contract. during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, b. Maintain a record of the total cost of all materials and that no deductions have been made either direct] or and supplies purchased for and incorporated in the work, Y PP P rP indirectly from the full wages earned, other than permissible and also of the quantities of those specific materials and deductions as set forth in the Regulations, 29 CFR 3; supplies listed on Form FHWA -47, and in the units shown • (3) that each laborer or mechanic has been paid not on Form FHWA -47. less that the applicable wage rate and fringe benefits or cash e. Furnish, upon the completion ofthe contract, tothe equivalent for the classification of worked performed, as SHA resident engineer on Form FHWA -47 together with specified in the applicablewage determination incorporated the data required in paragraph I relative to materials and into the contract. supplies, a final labor summary of all contract work indicating the total hours worked and the total amount e. The weekly submission of a properly executed eared. certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 2. At the prime contractor's option, either a single report "Statement of Compliance" required by paragraph 2d of this covering all contract work or separate reports for the Section V. contractor and for each subcontract shall be submitted. f. The falsification of any of the above certifications VII. SUBLETTING OR ASSIGNING THE CONTRACT may subject the contractor to civil or criminal prosecution under 18 U.S.C. I OOI and 31 U.S.C. 231. I. The contractor shall perform with its ow organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of g. The contractor or subcontractor shall make the the total original contract price, excluding any specialty records required under paragraph 2b of this Section V items designated by the State. Specialty items may be available for inspection, copying, or transcription by performed by subcontract and the amount of any such authorized representatives of the SHA, the FHWA, or the specialty items performed may be deducted from the total DOL, and shall permit such representatives to interview original contract price before computing the amount ofwork employees during working hours on the job. if the required to be performed by the contractor's own contractor or subcontractor fails to submit the required organization (23 CFR 635). records or to make them available, the SHA, the FHWWA, the a. "Its own organization" shall be construed to DOL, or all may, after written notice to the contractor, include only workers employed and paid directly by the sponsor, applicant, or owner, take such actions as may be prime contractor and equipment owned or rented by the necessary to cause the suspension of any further payment, Prime contractor, with or without operators. Such term does advance, or Ruarantee of funds. Furthermore, failure to not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. EEO Page 32 �L e Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5/01 REQUIRED CONTRACT PRO` (con't) b. "Specialty Items" shall be construed to be limited 3. Pursuant to 29 CFR 1926.3, it is a condition of this to work that requires highly specialized knowledge, contract that the Secretary of Labor or authorized abilities, or equipment not ordinarily available in the type of representative thereof, shall have Ti ght of entry to any site of contracting organizations qualified and expected to bid on contract performance to inspect or investigate the matter of the contract as a whole and in general are to be limmted to compliance with the construction safety and health minor components of the overall contract, standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Stan- g. The contract amount upon which the requirements set dards Act (40 U.S.C. 333). forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract IX. FALSE STATEMENTS CONCERNING HIGH - provisions. '.TAY PROJECTS 3. The contractor shall furnish (a) a competent In order to assure high quality and durable construction in superintendent or supervisor who is employed by the firm, conformity with approved plans and specifications and a has full authority to direct performance of the work in high degree of reliability on statements and representations accordance with the contract requirements, and is in charge made b engineers, contractors, suppliers, and workers on of all construction operations (regardless of who performs Federal-aid highway projects, it is essential that all persons the work) and (b) such other of its own organizational concerned with the project perform their functions as resources (supervision, management, and engineering carefully, thoroughly, and honestly as possible. Willful services) as the SHA contracting officer determines is falsification, distortion, or Misrepresentation with respect to necessary to assure the performance of the contract. any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness 4. No portion of the contract shall be sublet, assigned or of these and similar acts, the following notice shall be ® otherwise disposed of except with the wntten consent of the posted on each Federal -aid highway project (23 CFR 635) SHA contracting officer, or authorized representative, and in one or more places where it is readily available to all such consent when given shall not be construed to relieve persons concerned with the project: the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA NOTICE TO ALL PERSONNEL ENGAGED ON has assured that each subcontract is evidenced in ,vriting FEDERAL -AID HIGHWAY PROJECTS and that it contains all pertinent provisions and requirements of the prime contract. 18 U.S.C. 1020 reads as follows: "Idhoever being an officer, agent, or employee of the VIII. SAFETY: ACCIDENT PREVENTION United States, of any State or Territory, or whoever, whether a person, association, firm, or corporation, 1. In the performance of this contract the contractor shall knox'Zngly makes any false statement, false representation, comply with all applicable Federal, State, and local laws or false report as to the character, quality, quantity, or cost governing safety, health, and sanitation (23 CFR 635). The of the material used or to be used, or the quantity or quality contractor shall provide all safeguards, safety devices and rotective equipment and take any other needed actions as of the work performed or to be performed, or the cost p it determines, or equipment the take contracting officer may thereof in connection with the submission of plans, maps, determine, e be reasonably necessary to protect the life and specifications, contracts, or costs of construction on any health of employees on the job and the safety of the public highway or related project submitted for approval to the and to protect property in connection with the performance Secretary of Transportation, - or of the work covered by the contract. pf7ioever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the 2. It is a condition of this contract, and shall be made a character, quality, quantity, or cost of any work performed condition of each subcontract, which the contractor enters or to be performed, or materials furnished or to be into pursuant to this contract, that the contractor and any furnished, in connection with the construction of any subcontractor shall not permit any employee, in highway or related project approved by the Secretary of performance of the contract, to work in surroundings or Transportation; or under conditions which are unsanitary, hazardous or Ff'hoever knowingly makes any false statement or false dangerous to his/her health or safety, as determined under representation as to material fact in any statement, construction safety and health standards (29 CFR 1926) certficate, or repo, t submit tedpursuanttoprovisionsofthe • promulgated by the Secretary of Labor, in accordance with Federal -aid Roads Act approved July 1, 1916, (39 Stat. Section 107 of the Contract Work Hours and Safety Stan- 355), as amended and supplemented; dards Act (40 U.S.C. 333). EEO Pave 33 i EEO Special Provisions Minnesota Department of Transportation Revised S /ot Office of EEO Contract Management S REQUIRED CONTRACT PROVISIONS (con't) Shall be fined not more that Sl0, 000 or imprisoned not b. The inability of a person to provide the certification I , more than 5 years or both.' set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot X. IMPLEMENTATION OF CLEAN AIR ACT AND provide the certification set out below. The certification or FEDERAL WATER POLLUTION CONTROL ACT explanation will be considered in connection with the department or agency's determination whether to enter into (Applicable to all Federal -aid construction contracts and to this transaction. However, failure of the prospective all related subcontracts of 5100,000 or more.) primary participant to furnish a certification or an explanation shall disqualify such a person from By submission of this bid or the execution of this contract, participation in this transaction. or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, c. The certification in this clause is a material will be deemed to have stipulated as follows. representation of fact upon which reliance was placed when the department or agency determined to enter into this 1. That any facility that is or will be utilized in the transaction. If it is later determined that the prospective performance of this contract, unless such contract is exempt primary participant knowingly rendered an erroneous under the Clean Air Act, as amended (42 U.S.C. 1857 et certification, in addition to other remedies available to the seq., as amended by Pub.L. 91 -604), and under the Federal Federal Government, the department or agency may termi- Water Pollution Control Act, as amended (33 U.S.C. 1251 nate this transaction for cause of default. et sue., as amended by Pub.L. 92 -500), Executive Order 1173 8, and regulations in implementation thereof (40 CFR d. The prospective primary participant shall provide 15) is not listed, on the date of contract award, on the U.S. immediate written notice to the department or agency to Environmental Protection Agency (EPA) List of Violating whom this proposal is submitted if any time the prospective Facilities pursuant to 40 CFR 15.20. primary participant ]cams that its certification was erroneous when submitted or has become erroneous by • 2. That the firm agrees to corriply and remain in compliance reason of changed circumstances. with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control e. The terms "covered transaction," "debarred," Act and all regulations and guidelines listed thereunder. "suspended," "ineligible." "lower tier covered transaction," "participant," "person," "primary covered transaction," 3. That the firm shall promptly notify the SHA of the " principal," " proposal," and "voluntarily excluded," as used receipt of any communication from the Director, Office of in this clause, have the meanings set out in the Definitions Federal Activities, EPA, indicating that a facility that is or and Coverage sections of rules implementing Executive will be utilized for the contract is under consideration to be Order 12549. You may contact the department or agency to listed on the EPA List of Violating Facilities. which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. That the firm agrees to include or cause to be included the requirements ofparagraph I through 4 ofthis Section X f. The prospective primary participant agrees by in every nonexempt subcontract, and further agrees to take submitting this proposal that, should the proposed covered such action as the government may direct as a means of transaction be entered into, it shall not knowingly enter into enforcing such requirements. any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily Xi. CERTIFICATION REGARDING DEBARMENT, excluded from participation in this covered transaction, SUSPENSION, INELIGIBILITY AND VOLUNTARY unless authorized by the department or agency entering into EXCLUSION this transaction. 1. Instructions for Certification - Primary Covered g. The prospective primary participant further agrees Transactions: by submitting this proposal that it will include the clause (Applicable to all Federal -aid contracts - 49 CFR 29) titled "Certification Regarding Debarment, Suspension, a. By signing and submitting this proposal, the Ineligibility and Voluntary Exclusion -Lower Tier Covered prospective prirraryparticipantisprovidingthecertification Transaction," provided by the department or agency set out below. entering into this covered transaction,withoutmodification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. • EEO Paee 34 • Minnesota Department of Transportation EEO Special Provisions Office of EEO Contract Management Revised 5/01 REQUIRED CONTRACT PROVISIONS (con't) h. A participant in a covered transaction may rely offenses enumerated in paragraph lb of this certification; upon a certification of a prospective participant in a lower and tier covered transaction that is not debarred, suspended, ineligible, or voluntanly excluded from the covered d. Have not Nvithin a 3 -year period preceding this transaction, unless it }mows that the certification is application/proposal had one or more public transactions erroneous. A participant may decide the method and (Federal, State or local) terminated for cause or default. frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, 2. Where the prospective primary participant is unable to check the nonprocurement portion of the "Lists of Parries certify to any of the statements in this cemfication, such Excluded From Federal Procurement or Nonprocurement prospective participant shall attach an explanation to this Programs" (Nonprocurement List) which is compiled by the proposal. General Services Administration. i. Nothing contained in the foregoing shall be 2. Instructions for Certification- Lower Tier Covered construed to require establishment of a system of records in Transactions: order to render in good faith the certification required by (.Applicable to all subcontracts, purchase orders and other this clause. The knowledge and information of participant lower tier transactions of 525,000 or more - 49 CFR 29) is not required to exceed that which is normally possessed a. By signing and submitting this proposal, the by a prudent person in the ordinary course of business prospective lower tier is providing the certification set out dealings. below. j. Except for transactions authorized under paragraph b. The certification in this clause is a material f of these instructions, if a participant in a covered representation offact upon which reliance was placed when transaction knowingly enters into a lower tier covered this transaction was entered into. If it is later determined o transaction with a person who is suspended, debarred, that the prospective lower tier participant knowingly ineligible, or voluntarily excluded from participation in this rendered an erroneous certification, in addition to other transaction, in addition to other remedies available to the remedies available to the Federal Government, the Federal Government, the department or agency may terrrri- department of agencywith which this transaction originated nate this transaction for cause or default_ maypursue available remedies, including suspension and/or debarment_ Certification Regarding Debarment, Suspension, c. The prospective lower tier participant shall provide Ineligibility and Voluntary Exclusion— Primary Cov- immediate written notice to the person to which this ered Transactions proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by 1. The prospective primary participant certifies to the reason of changed circumstances. best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed d. The terms "covered transaction," "debarred," for debarment, declared ineligible, or voluntarily excluded "suspended," "ineligible," "primary covered transaction," from covered transactions by any Federal department or "participant," "person," "principal," "proposal," and agency, "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections b. Have not within a 3 -year period preceding this of rules implementing Executive Order 12549. You may proposal been convicted of or had a civil judgement contact the person to which this proposal is submitted for rendered against them for commission of fraud or a criminal assistance in obtaining a copy of those regulations. offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction e. The prospective lower tier participant agrees by or contract under a public transaction; violation of Federal submitting this proposal that, should the proposed covered or State antitrust statutes or commission of embezzlement, transaction be entered into, it shall not knowingly enter mto theft, forgery, bribery, falsification or destruction of any lower tier covered transaction with a person who is records, making false statements, orrecei stolen proper- debarred, suspended, declared ineligible, or voluntarily ty; excluded from participation in this covered transaction, unless authorized by the department or agency with which c. Are not presently indicted for or otherwise this transaction originated. • crminalh or civilly charged by a governmental entity (Federal, State or local) with commission of any of the EEO Page 35 EEO Special Provisions Minnesota Department of Transportation Revised 5/01 Office of EEO Contract Management • REQUIRED CONTRACT PROVISIONS (con't) f. The prospective lower tier participant further agrees all. CERTIFICATION REGARDING USE OF CON - by submitting this proposal that it will include this clause TRACT FUNDS FOR LOBBYING titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered (Applicable to all Federal -aid construction contracts and Transaction," without modification, in all lower tier covered to all related subcontracts which exceed S 100,000 - 49 CFR transactions and in all solicitations for lower tier covered 20) transactions. I. The prospective participant certifies, by signing and g. A participation in a covered transaction may rely submitting this bid of proposal, to the best of his or her upon a certification of a prospective participant in a lower knowledge and belief, that: tier covered transaction that is not debarred, suspended, a. No Federal appropriated funds have been paid or ineligible, or voluntarily excluded from the covered vill be paid, by or on behalf of the undersigned, to any transaction, unless it knows that the certification is person for influencing or attempting to influence an officer erroneous. A participant may decide the method and or employee of any Federal agency, a Member of Congress, frequency by which it determines the eligibility of its an officer or employee of Congress, or an employee of a principals. Each participant may, but is not required to, Member of Congress in connection with the awarding of check the Nonprocurement List. any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any h. Nothing contained in the foregoing shall be cooperative agreement, and the extension, continuation, construed to require establishment of a system of records in renewal, amendment, or modification of any Federal order to render in good faith the certification required by contract, grant, Joan, or cooperative agreement. this clause. The knowledge and information of participant is not required to exceed that which is normally possessed b. If any funds other than Federal appropriated funds by a prudent person in the ordinary course of business have been paid or will be paid to any person for influencing dealings. or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or • i. Except for transactions authorized under paragraph employee of Congress, or an employee of a Member of e of these instructions, if a participant in a covered Congress in connection with this Federal contract, grant, transaction knowingly enters into a lower tier covered loan, or cooperative agreement, the undersigned shall transaction Arith a person who is suspended, debarred, complete and submit Standard Form -LLL, "Disclosure ineligible, or voluntarily excluded from participation in this Form to Report Lobbying," in accordance with its instruc- transaction, in addition to other remedies available to the lions. Federal Government, the department or agency with which this transaction originated may pursue available remedies, 2. This certification is a material representation of fact including suspension and/or debarment. upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a * * * * * prerequisite for making or entering into this transaction Certification Regarding Debarment, Suspension, imposed by 31 U.S.C. 1352. Any person who fails to file Ineligibility and Voluntary Exclusion —Lower Tier the required certification shall be subject to a civil penalty Covered Transactions: of not less than $10,000 and not more than 5100,000 for each such failure. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals 3. The prospective participant also agrees by submitting is presently debarred, suspended, proposed for debarment, his or her bid or proposal that he or she shall require that the declared ineligible, or voluntarily excluded from language of this certification be included in all ]over tier participation in this transaction by any Federal department subcontracts, which exceed $100,000 and that all such or agency, recipients shall certify and disclose accordingly. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. EEO Page 36 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF EEO CONTRACT MANAGEMENT Revised 5101 APPENDIX A (Short version) REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The Required Contract Provisions for Federal -aid construction contracts, Form FHWA -1273 (Rev. 4 -93) is restated here for emphasis: Section N. PAYMENT OF PREDETERMINED MINIMUM WAGE Section W.2, Classification 2. Classification a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not ® performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed. For implementation reference Section IV.2(c), (d) and (e). 0 EEO Page 37 DOCUMENT 00830 WAGE DETERMINATION SCHEDULE • • Highway and Heavy Prevailing Wage Page 1 of 6 • MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA -02 • CARVER -10 • CHISAGO -13 • DAKOTA -19 • HENNEPIN -27 • RAMSEY -62 • SCOTT -70 • WASHINGTON -82 • Effective: 2001 -10 -01 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 112) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building John Ireland Blvd St. Paul, MN 55155 (651) 297 -5716 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284 -5091 DLI.PrevWageCstate.mn.us • LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 101 LABORER, COMMON (GEN LABOR WRK) 2001 -10 -01 20.53 7.12 27.65 2002 -05 -01 21.93 7.12 29.05 102 LABORER ,SKILLED -ASST CRFT JRNYMN 2001 -10 -01 20.53 7.12 27.65 lin Wage v and Heavy Preval g ;�; h� ay - g 2002 -05 -01 21.93 7.12 29.05 2001 -10 -01 12.88 4.61 17.49 • 103 LABORER, LANDSCAPING 13.83 4.61 18.44 2002 -05 -0 2001 -10 -01 17.13 6.57 23-70 104 FLAGPERSON 2002 -05 -01 21.93 7.12 29.30 2001 -10 -01 17.13 6.57 23.70 105 WATCHPERSON 2002 -05 -01 18.53 6.57 25.10 2001 -10 -01 23.53 7.12 30.66 106 BLASTER 24.93 7.12 26.33 2002 -05 -0 2001 -10 -01 22.03 7.12 30.55 WATER, SEWER & GAS) 7 30.55 1p7 PIPELAYER ( 2002 -05 -01 23.43 2001 -10 -01 21 23 7.12 28.35 10g TUNNEL MINER 7.12 29.75 2002 -05-01 22.63 2001 -10 -01 20,73 7.12 27.85 109 UNDRGRND &OPEN DITCH LABOR (8) 22.13 7.12 29.25 2002 -05 - 0 1 2001 -10 -01 25.57 7.55 33.12 GROUP 1 2002 -05 -01 26.27 8.45 34 72 201 HELICOPTER PILOT 202 CRANE,OVER 135' BOOM WITHOUT JIB 203 DRGLN /SMLR,SHVL CNTRLS,3 CU YDS+ 204 PILE DRIVING WITH 3 DRUMS IN USE 205 TOWER CRANE 32.57 25.02 7.55 2001 -10 -0 34.17 GROUP 2 25.72 8.45 2002 -05 -0 206 CABLEWAY ER,STATIONARY PLANT 207 CONCRETE MIX 208 DERRICK- GUY,STFLEG,PWR,SKD,IMMOV 209 DRGLN /SMLR /SHVL CNTRLS,TO 3 CYDS 210 DRDGE OR ENGINEER /POWER &ENGINEER 211 FRONT END LOADER,5 CU YDS & OVER 212 GRADER OR MOTOR PATROL 213 LOCOMOTIVE CRANE OPERATOR 214 MIXR- PAVING,ROADMOLE,CONWAY /SMLR 216 TRACTOR - 1300M TYPE 217 TRACTOR CRANE - CRAWLER CRANE . 21B TUGBOAT, 100 H.P. AND OVER 9 001 -10 -01 24.84 7.55 32.3 GROUP 3 _�,.lh;nhw %n1r r�nn} n} n`�rPninn -nQ Highway and Heavy Prevailing Wage Page 3 of 6 e 2002 -05 -01 25.54 8.45 33.99 219 DUAL TRACTOR 220 ELEVATING GRADER 221 PUMPCRETE 222 SCRAPER,32 CU YDS AND OVER 223 SELF PROPELLED SOIL STABILIZER LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE GROUP 4 2001 -10 -01 24.72 7.55 32.27 2002 -05 -01 25.42 8.45 33.87 224 AIR TRACK ROCK DRILL 225 ASPHALT BITUMINOUS STABLZR PLANT 226 AUTOMATIC ROAD MACHINE(CMI /SMLR) 227 BACKFILLER OPERATOR 228 CONCRETE BATCH PLANT 229 BITUMINOUS ROLLER,8 TONS OR MORE 230 BITUMINOUS SPREADER,FINISH (PWR) 231 CAT TRACTORS W /ROCK WAGONS /SMLR 232 CHIP HARVESTER AND TREE CUTTER • 233 CONCRETE MIXER ON JOB SITE 234 CONCRETE MOBIL 235 CRUSH,WASH,SCREEN GRAVEL PLANT 236 CURB MACHINE 237 DOPE MACHINE (PIPELINE) 238 DRILL RIGS (ROTARY,CHAIN,CABLE) 239 FORK LIFT OR STRADDLE CARRIER 240 FORK LIFT OR LUMBER STACKER 241 FRONT END LOADER OVER 1 CU YD 242 HOIST ENGINEER (POWER) 243 HYDRAULIC TREE PLANTER 244 LAUNCHER,TANKER PERSON,PILOT LIC 245 LOCOMOTIVE 246 MECHANIC WELDER 247 MILL,GRIND,AND PLANE MACHINE 248 MULTIPLE MACHINES/WELD,G ENS, PUMP 249 PAVE BRKR,TAMP (PWR),MIGHTY MITE 250 PICKUP SWEEP W HOPPER OF 1 CUYD+ 251 PIPELINE WRAP,CLEAN,BEND MACHINE 252 PWR PLANT ENGINEER,100 KWH + 253 PWR HORIZONTAL BORING MACH 6" + 254 PUGMILL 255 RUBBER TIRE TRACTOR,B /HOE ATTACH • 256 SCRAPER UP TO 32 CUBIC YARDS 257 SKID LDR,ICUYD+ 8 BACKHOE ATTACH 258 SLIP FORM (POWER DRIVEN)(PAVING) 259 TIE TAMPER AND BALLAST MACHINE 260 TRACTOR, BULLDOZER Highway and Heavy Prevailing Wage Page 4 of 6 261 TRENCHING MACH (SEWER,WATER,GAS) • 262 WELL POINT INSTALLATION LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE GROUP 5 2001 -10 -01 21.68 7.55 29.23 2002 -05 -01 22.38 8.45 30.83 263 AIR COMPRESSOR, 600 CFM OR OVER 264 BITUMINOUS ROLLER UNDER 8 TONS 265 CNCRTE DSTRB /SPRD /FNSH,FLOAT,JNT 266 CNCRTE SAW W MULT BLADE,PWR OPER 267 FORM TRENCH DIGGER, POWER OPER 268 FRONT END LOADER UPTO INCL 1CUYD 269 GUNITE GUNALL 270 HYDRAULIC LOG SPLITTER 271 LOADER - BARBER GREENE OR SIMILAR 272 POST HOLE DRIVING MACHINE/AUGER 273 POWER AUGER AND BORING MACHINE 274 POWER ACTUATED JACK 275 PUMP 276 SELF PROP CHIP SPRDR(FLAHERTY) 277 SHEEP FOOT COM PACT R /BLADE,200HP+ • 278 SHOULDER MACH W SAND /CHIP SPRDR 279 STUMP CHIPPER AND TREE CHIPPER 280 TREE FARMER (MACHINE) 281 BTMNUS SPRDR /FINSH MACH OPR /HLPR GROUP 6 2001 -10 -01 20.47 7.55 28-02 2002 -05 -01 2117 8.45 29.62 282 CONVEYOR 283 DREDGE DECK HAND 284 FIRE PERSON OR TANK CAR HEATER 285 GRVL SCRN PLNT- PORT,NOCRUSHIWASH 286 GREASER (TRUCK. OR TRACTOR) 287 LEVER PERSON 288 OILR- SHVL,CRANE,DLINE,CRUSH,MILL 289 POWER SWEEPER 290 ROLLER ON GRAVEL COMPACTION 291 SELF PROPELLED VIBRATING PACKER 292 SHEEP FOOT ROLLER 293 TRACTOR, WHEEL TYPE,OVER 50 H.P. 294 TRUCK CRANE OILER GROUP 1 2001 -10 -01 20.80 6 -00 26.80 • 2002 -05 -01 21.60 6.50 2810 301 MECHANIC - WELDER 302 TRACTOR TRAILER DRIVER 303 TRUCK DRVR.OPER HAND /PWR WINCH Highway and Heavy Prevailing Wage Page 5 of 6 • GROUP 2 2001 -10 -01 20.25 6.00 26.25 2002 -05 -01 21.05 6.50 27.55 304 4 OR MORE AXLE,STRGHT BODY TRUCK GROUP 3 2001 -10 -01 20.15 6.00 26.15 2002 -05 -01 20.95 6.50 27.45 305 BITUMINOUS DISTRIBUTOR DRIVER 306 BITUMINOUS DISTRIBUTOR -1 PERSON 307 THREE AXLE UNITS GROUP 4 2001 -10 -01 19.90 6.00 25.90 2002 -05 -01 20.70 6.50 27.20 308 BITUMINOUS DISTRIBUTOR SPRAY OPR 309 DUMP PERSON 310 GREASER 311 PILOT CAR DRIVER 312 RUBBER TIRED SELF PROPELL PACKER 313 TWO AXLE UNIT 314 SLURRY OPERATOR 315 TANK TRUCK HELPER- GAS,OIL,WATER ® 316 TRACTOR OPERATOR, UNDER 50 H.P. 401 HEATING AND FROST INSULATORS 2001 -10 -01 22.89 16.69 39.58 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 402 BOILERMAKERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI PREVWAGE @STATE.MN.US 403 BRICKLAYERS 2001 -10 -01 24.69 10.77 35.46 404 CARPENTERS 2001 -10 -01 24.67 9.45 34.12 2002 -05 -01 26.52 9.45 35.97 405 CARPET LAYERS (LINOLEUM) 2001 -10 -01 23.79 7.96 31.75 406 CEMENT MASONS 2001 -10 -01 24.99 8.61 33.60 2002 -05 -01 26.84 8.61 35.45 407 ELECTRICIANS 2001 -10 -01 28.28 13.19 41.57 408 ELEVATOR CONSTRUCTORS FOR RATE CALL 651 - 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US e 409 GLAZIERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 410 LATHERS FOR RATE CALL 651 -284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN US 411 GROUND PERSON 20'1 -10 -01 16.63 6.38 23.01 Highway and Heavy Prevailing Wage Page 6 of 6 412 IRONWORKERS 2001 -10 -01 28.45 10.79 39.24 • 2002 -05 -01 30.55 10.79 41.34 413 LINEMAN 2001 -10 -01 24.82 8.50 33.32 414 MILLWRIGHT 2001 -10 -01 25.78 9.87 35.65 2002 -05 -01 27.63 9.87 37.50 415 PAINTERS 2001 -10 -01 24.50 9.44 33.94 416 PILEDRIVER 2001 -10 -01 24.67 9.45 34.12 2002 -05 -01 26.52 9.45 35.97 417 PIPEFITTERS - STEAMFITTERS 2001 -10 -01 25.81 13.17 38.98 418 PLASTERERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 419 PLUMBERS 2001 -10 -01 25.17 12.67 37.84 420 ROOFER FOR RATE CALL 651- 284 -5091 OR EMAIL DLI PREVWAGE@STATE.MN.US 421 SHEET METAL WORKERS 2001 -10 -01 27.16 9.69 36.85 422 SPRINKLER FITTERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 423 TERRAZZO WORKERS FOR RATE CALL 651 - 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 424 TILE SETTERS 2001 -10 -01 22.59 8.09 30.68 425 DRYWALL TAPER FOR RATE CALL 651 - 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 430 WIRING SYSTEM TECHNICIAN 2001 -10 -01 25.32 6.61 31.93 431 WIRING SYSTEM INSTALLER 2001 -10 -01 16.39 3.96 20.35 435 ASBESTOS ABATEMENT WORKER FOR RATE CALL 651 - 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US 436 SIGN ERECTOR FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @STATE.MN.US • MRIDOT TP- 02134 - 04(2/99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 2 • Page 1 of 2 CONTRACTOR: FEDERAL PROJECT NO. STATE PROJECT NO. Arcon Construction SAP 109 - 114 -01 SAP 109- 105 -02 ADDRESS: LOCATION OF WORK: Brooklyn Center, MN 43249 Frontage Road P.O. Box 159 Harris, MN 55032 GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT GROUP NO. APPR. AMOUNT DATE ENCUMBERED ORIGINAL ENCMUBRANCE: SA TOTAL $ BY: $ ENCUMBERED TO DATE: Individual signing certifies that funds have been encumbered as required by Minn. Stat. 4 16A.15 This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows: WHEREAS: Due to higher than expected groundwater levels, installing new sanitary sewer pipes into existing manholes is not feasible in some locations and would not adequately address long term maintenance concerns; and EREAS: Replacement of 13 existing sanitary sewer manholes (in areas of high ground water) will better serve the long term needs of the city; and WHEREAS: Sanitary sewer manholes are a non - participating item. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The contractor shall provide all necessary equipment and labor required for the installation of the additional manholes. 2. The work performed will be measured and payment in accordance with the negotiated unit prices as shown below. 3. Castings and adjusting rings shall be included in item 2503.602 Construct Sanitary MH (0 -8'). 4. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses associated with performing the work and furnishing the materials required by this agreement. 5. Except as provided herein, all terms and conditions in said contract thereto shall remain in full force and effect. MN /DOT TP- 02134 - 04(2/99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 2 O Page 2 of 2 ESTIMATE OF COST Item No. Item Unit Unit Price Quantitv Amount Group 2503.602 Construct Sanitary MH (0 -8') Each $1,800 13 $23,400 2503.603 Sanitary MH (Extra Depth) Lin Ft $100 41.2 $4,120 SA No. 2 Total $27,520 *Non- participating items Commissioner of Transportation: Commissioner of Administration Aroject Engineer (SEH, Inc.) Dated: By: ` Pursuant to Delegation By: Commissioner of Administration or Pursuant to Dated: Delegation By: Contractor Approved as to form and execution: ed: Dated: By: Assistant Attorney General or Pursuant to Delegation Assistant District Engineer Dated: Dated: MN /DOT TP- 02134 - 04(2/99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO.3 ® Page 1 of 2 CONTRACTOR: FEDERAL PROJECT NO. I STATE PROJECT NO. Arcon Construction SAP 109 - 114 -01 ADDRESS: LOCATION OF WORK: Brooklyn Center, MN 43249 Frontage Road P.O. Box 159 Harris, MN 55032 GROUP NO. I APPR. ` AMOUNT GROUP NO. APPR. ` AMOUNT GROUP NO. APPR. AMOUNT DATE ENCUMBERED ORIGINAL ENCMUBRANCE: SA TOTAL $ BY: $ ENCUMBERED TO DATE: Individual signing certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows: WHEREAS: Due to conflict with existing sanitary sewer main crossing at 53 Avenue North and Northport Drive; and WHEREAS: Existing sanitary sewer cannot be relocated; and 6 EREAS: Mn /DOT storm sewer participation for this project is 64 %. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. Changes to the storm sewer design shall be implemented to permit installation of proposed storm sewer pipe below existing sanitary sewer. 2. The work performed will be measured and payment in accordance with the negotiated unit prices for new items and at contract prices for adjusted quantities as shown below. 3. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses associated with performing the work and furnishing the materials required by this agreement. 4. Except as provided herein, all terms and conditions in said contract thereto shall remain in full force and effect. • MN /DOT TP- 02134- 04(2/99) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. To Contract No. SUPPLEMENTAL AGREEMENT NO. 3 Page 2 of 2 ESTIMATE OF COST Item No. Item Unit Unit Price Ouantitv Amount 2503.541 24" RC Pipe Sewer Design 3006 CL III Lin. Ft. $33.57 -311 - $10,440.27 2503.541 36" Span RC Pipe -Arch Sewer CL IIA Lin. Ft. $105.60 319 $33,686.40 2506.501 Construct Drainage Structure Des. 48 -4020 Lin. Ft. $232.80 6.39 $1,487.59 2506.501 Construct Drainage Structure Des. 60 -4020 Lin. Ft. $273.60 2.24 $275.84 SA No. 3 Total Adjustment To Contract $25,009.56 I Commissioner of Transportation: Commissioner of Administration P/oject Engin (S Inc.) Dated:: D� ID t b 2- By: / Pursuant to Delegation By: Commissioner of Administration or Pursuant to Dated: Delegation By: Contractor Approved as to form and execution: �d: Dated: By: Assistant Attorney General or Pursuant to Delegation Assistant District Engineer Dated: Dated: Mn/DOTTP- 2460 - 0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Department of Transportation ® CHANGE ORDER # 1 Contractor: Arcon Construction State Project No.: 109 - 114 -01 & 109 - 105 -02 Address: 43249 Frontage Road P.O. Box 159 Federal Project No.: Harris, MN 55032 Brooklyn Center Location: Brooklyn Center, MN Contract Nos.: 2002 -01, 02, 03 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. The contract is amended as follows: The City has elected to remove signing from the contract. Brooklyn Center Department of Public Works shall erect all necessary signing. Contractor shall deliver all salvaged signs to the Brooklyn Center Public Works garage at no additional cost to the project. ESTIMATE OF COST Item No. Item Unit Unit Price Quantity_ Amount 2564.531 Sign Panels Type C S. Ft. 0 g YP q $21.5 240 $5,160 2564.531 Sign Panels Type D Sq. Ft. $21.50 6 $129 4 564.537 Install Sign Type C Each $75.00 44 $3,300 564.550 End of Roadway Marker X4 -11 Each $35.00 4 $140 2564.552 Hazard Marker X4 -2 Each $35.00 2 $70 2564.602 Sign Panels Type Special Each $235.00 21 $4,935 CO No. 1 Total Decrease To Contract $13,734 The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses associated with deleting the items from the contract as set forth by this agreement. Except as provided herein, all terms and conditions in said contract thereto shall remain in full force and effect. CHANGE IN CONTRACT TIME Due to this change the Contract Time: I g a. Is increased ( ) by Working Days Issued B Is decreased ( ) by Working Days role e i ntCounty Engineer Dke Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days Approved By: Asst. District Engineer Date b. Is not changed (X) 0 c. May be revised if the work affected Accepted By: the controlling operation g P O Contractor's Authorized Representative p Date Original to Project Engineer; copies to Contractor, Contract Admin. Engr., Materials Office i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NOS. 1, 2, AND 3, AND CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Co., Inc. is completing the following improvement in accordance with said contract: Improvement Project Nos. 2002 -01, 02, and 03, Contract 2002 -A, SW Neighborhood Street Reconstruction; and WHEREAS, the City of Brooklyn Center wishes to revise the scope of work pursuant to the written contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Equal Employment Opportunity (EEO) and Minnesota Department of Labor and Industry Prevailing Wages for State Funded Construction Projects be added to the requirements of Improvement Project Nos. 2002 -01, 02, and 03, Contract No. 2002 -A, as Supplemental Agreement No. 1. 2. Thirteen additional sanitary manholes are to be removed and replaced under Improvement Project Nos. 2002 -01, 02, and 03, Contract 2002 -A, as Supplemental Agreement No. 2. 3. Storm Sewer design be revised to permit installation under the existing sanitary sewer main at 53 Avenue North and Northport Drive under Improvement Project Nos. 2002- 01, 02, and 03, Contract 2002 -A, as Supplemental Agreement No. 3. 4. Street signing items to be removed from Improvement Project Nos. 2002 -01, 02, and 03, Contract 2002 -A, as Change Order No. 1. 5. Project cost and revenues are hereby amended as follows: As Amended Per SA Nos. 1. 2 & 3 COSTS As Amended Per Low Bid and CO No.1 Contract $3,186,903.26 $3,186,903.26 Contingency $318,690.32 $279,894.76 Supplemental Agreement No. 1 $0.00 Supplemental Agreement No. 2 $27,520.00 Supplemental Agreement No. 3 $25,009.56 *Subtotal Change Order No. 1 - $13,734.00 Construction Cost $3,505,593.58 $3,505,593.58 RESOLUTION NO. Admin /Legal /Engr. $700,000.00 $700,000.00 Reforestation $21,000.00 $21,000.00 Street Lights $66,000.00 $66,000.00 Total Estimated Project Costs $4,292,593.58 $4,292,593.58 REVENUES Street Assessment $700,604.18 $700,604.18 Water Fund $439,890.59 $439,890.59 Storm Drainage Assessment $271,644.77 $271,644.77 Storm Drainage Utility Fund $387,122.98 $387,122.98 Sanitary Sewer Utility $665,929.30 $665,929.30 Capital Improvement Fund $47,000.00 $47,000.00 Street Light Utility $66,000.00 $66,000.00 Special Assmnt. Const. Fund $714,401.76 $714,401.76 MSA $1,000,000.00 $1,000,000.00 Total Estimated Revenue $4,292,593.58 $4,292,593.58 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted. City Council Agenda Item No. 7f MEMORANDUM ® DATE: June 20 2002 00 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: Resolution Establishing Improvement Project Nos. 2003 -01, 02, and 03, Contract 2003 -A, Happy Hollow Area Street, Storm Drainage, and Utility Improvements In accordance with the 5 -year Capital Improvements Program (CIP), street and utility improvements are programmed for each year. In accordance with the CIP, an area referred to as the Happy Hollow Area Neighborhood has been programmed for improvements in 2003 (see attached map for specific street locations). At this time, it is being requested that the City Council establish this 2003 improvement project so that initial preliminary and investigative engineering work may occur. In 2003, the city will be entering the 1 0 th year of its long -range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program, or the Neighborhood Improvement Program. The program has consisted of a systematic rehabilitation and /or replacement of the City's infrastructure. This has included the rebuilding of streets with e new bituminous pavement and concrete curb and gutter, replacement of aging and deteriorating water and sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic improvement considerations. Approximately 1.62 mi. of local streets are proposed for reconstruction as part of the 2003 improvement project. This proposed area essentially includes all local streets located within a triangular shaped area bounded by T.H. 100 on the west, Osseo Road (CSAH 152) on the east and the CP Rail Tracks on the south. As part of the T.H. 100 project by MnDot, 50 Avenue will be cut off at T.H. 100, and therefore will no longer serve as a direct link between Brooklyn Boulevard and T.H. 100. Much of that traffic will therefore exit or enter T.H. 100 at Brooklyn Boulevard. The proposed project design will therefore investigate the warrant of installing a traffic signal at the intersection of Brooklyn Boulevard and 51" or Brooklyn Boulevard at the T.H. 100 ramp. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of notification of all affected property owners; surveys; at least two public informational meetings; and an extensive amount of information and ID • data collection and gathering. Initial design also includes detailed technical survey work, underground infrastructure inspections and assessments, and soil /geotechnical investigations. • Maintenance records are collected to pinpoint problem areas. Costs for sewer televising, survey work, and geotechnical investigations are often as much as $50,000. Action The action requested of the City Council at this time is therefore to establish the proposed 2003 Happy Hollow Area improvement project so that initial field work and data gathering can corm Upon authorization by the City Council, the following actions would take place: • Data Collection, including field surveys, traffic counts, review of maintenance records, etc. • Complete request for proposals(RFP's) for televised inspections of the sanitary sewers and soil /geotechnical investigations. • Conduct an initial public informational meeting in November to present initial findings to the neighborhood, and to gauge public interest in the improvement projects. Special attention is always given to specific neighborhood concerns, such as preservation of boulevard trees. • If neighborhood reaction is positive, the City Engineer would prepare a Feasibility Study and Report for the Council to review, and the Council would consider setting a date in • February for a project hearing. Note: For the Council's information, the table below summarizes progress to date an the Neighborhood Improvement Program: Table 1 Street and Utility Project Mileage Major Projects Local MSA Total 1985 -1993 1.38 4.76 6.16 6% 1994 Northwest; James /ILnox,53 to 55th 1.67 1 0.25 1.92 1995 Woodbine; Freeway Blvd., Humboldt, 69`� to 73rd 2.73 1.97 4.70 - - -- _ ................_--- ........... - - 1996 Orchard East; 69` Logan, James, Knox/57 th ; Xerxes /53rd 5.59 2.08 7.67 1997 Orchard West; France, 69"' to 73rd 1 4.81 0.50 5.31 1998 Bellvue; Lee /68` ; James /67 h ; John Martin Drive 3.22 0.77 1 3.99 1999 Southeast; Earle Brown Drive; 66` /Camden 4.27 0.44 4.71 2000 Garden City Central 73 Humboldt to Camden 3.25 1 0.94 4.19 1994 -2000 25.54 6.95 32.49 31% 200 Garden City North, Hahfax/Grimes/France 3.52 - 3.52 2002 Garden City Sou Southwest Are a; France Avenue Conn. 4.81 2.07 6.88 2003 Happy Hollow 1.62 1.62 2004 Tangletown South, Shingle Creek Parkway 2.42 1.15 3.57 2005 Tangletown North 1.74 1.74 2001 -2005 13.87 3.48 17.34 1 17% 2006 -2010 -- - - - -- - 13.92 - 4.48 18.40 18% 2011- 26.80 3.09 29.89 28% • TOTAL -- -- - - 84.46 21.06 105.52 e ll � w o CO. Rp, Hp 10 SETH PLAC > I •� `� fi �� _� e z k D 1. N. NORT}VORT y � a. j PARK A B O D C If G KID U G NORTH SCHOO PORT �/`� ' 1 I I ) I ; �:•, y� s AVE G•j F / LIONS iet g PARK i z i 0 I , �I V wr I � 2 w m I I I I I I I I i I I-i • I AM - - - I PARK � N � LAKEBREEFc AVE. N. 48TH AVE. PC I f TWN A IAKE PARK t n I T m r � 1000 0 NTH AVE N 48TH AVE. N. MM AVE F n i' 1 11� HAPPY HOLLOW PROPOSED RECONSTRUCTION AREA --- ---- - - - - -- -- Member introduced the following resolution and moved its ® adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS 2003 -01, 02, and 03, CONTRACT 2003 -A, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvements Program identifies specific streets for proposed infrastructure improvements in 2003; and WHEREAS, the City Council has reviewed the improvements proposed for 2003 in the Happy Hollow Area Neighborhood; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2003 -01, 02, and 03, Happy Hollow Area Street, Storm Drainage, and Utility Improvements, are hereby established. • 2. Staff are directed to begin field work, contact property owners in the neighborhood and obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3. Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Televising $5,000 Geotech & Prel. Surveys $30,000 Estimated costs $35,000 REVENUES AMOUNT Sanitary Sewer Fund $5,000 Special Assessment Const. Fund $30,000 Estimated Revenues $35,000 • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 7g • MEMORANDUM E ORANDUM DATE: July 3, 2002 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, Consulting Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2002 -15, Contract 2002 -E, 2002 Sealcoating Bids for Contract 2002 -E, 2002 Sealcoating were received on July 3, 2002. The contract is for the annual sealcoat program, which is budgeted at $90,000 annually in the Street Maintenance Division. Attached is a map showing the streets proposed to be sealcoated in 2002. The bidding results are tabulated as follows: Bidder Bid Amount Allied Blacktop $59,912.00 Pearson Brothers, Inc. $99,804.15 ® Of the bids received, the lowest bid of $59,912.00 was submitted by Allied Blacktop Company of Maple Grove, Minnesota. The Engineer's Estimate for this project was $70,000. Allied Blacktop Co. has proven experience in performing all of the requirements included in this contract, and has successfully performed similar projects for Brooklyn Center and other communities. Accordingly, it is recommended that the City Council accept the low bid and award a contract to Allied Blacktop Co. The sealcoat program for 2002 also includes some slurry coating, or micro - paving which is a relatively newer pavement rehabilitation method that is gaining in popularity. We are currently in the process of obtaining quotations for this work, estimated to be $25,000. Specific streets to utilize for this type of rehabilitation are also being identified. Recommended Citv Council Action Approve the attached resolution accepting the low bid and awarding a contract to Allied Blacktop Company. e ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2002 -15, CONTRACT 2002 -E, 2002 SEALCOATING WHEREAS, pursuant to an advertisement for bid for Improvement Project No. 2002 -15, bids were received, opened, and tabulated on the 3 rd day of July, 2002. Said bids were as follows: Bidder Bid Amount Allied Blacktop Company $59,912.00 Pearson Brothers, Inc. $99,804.15 WHEREAS, it appears that Allied Blacktop Company of Maple Grove, MN, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized to enter into a contract with Allied Blacktop Company of Maple Grove, MN in the name of the City of Brooklyn Center, for ® Improvement Project No. 2002 -15, Contract 2002 -E, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The project cost shall be charged to the Street Maintenance Division. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared passed and adopted. • City Council Agenda Item No. 8 Hennepin County District Court Process Benefits of Mediation encourages the use of mediation to settle disputes. • Filing party requests mediation . Parties reach their own agreement Request sent to mediation programs Parties are contacted by mediation • No court filing if agreement is reached Explanation of Mediation program and if both agree, a mediation • Quick Mediation is a procedure in which a neutral hearing is scheduled intermediary, at the request of the parties to • Equal say in the solution a dispute, assists them in reaching a If Settled: • Low or no costs mutually satisfactory settlement of the Settlement agreement signed by both parties. dispute. No court case is filed. • Convenient hours /locations In mediation you will meet with the other If Not Settled: • Less stress Parties are served at time of mediation with party and a mediator. The mediator is not a • Informal summons to appear in court in seven days. judge and will not decide on the solution, • Enhances possibility of a workable but will help enable the parties to reach an future relationship agreement. If parties are not willing to mediate, the case is referred back to District Court. A Examples of Landlord /Tenant Issues If the parties do not reach an agreement the summons will be prepared and served Where Mediation May be Beneficial mediator will schedule the next hearing and directing parties to appear in court on a provide both the tenant and landlord with future date. • Non - payment of rent the proper forms. • Repair /maintenance issues • Lease violations PROGRAMS HOUSING COURT For more information or to initiate a mediation or facilitation, call one of the numbers listed below or another mediation PRE- FILING provider of your choice. Minneapolis Mediation Proeram D TIO ME IA N Serves Minneapolis, St Anthony, Richfield, Bloomington, Burnsville, Edina and Eden Prairie PROJECT Phone Number: 612- 822 -9883 Fax Number: 612- 822 -9890 Hours: Monday — Friday 9:00 am to 5:00 PM The information in this brochure is not legal advice. If you do not understand this material, you may wish to consult an attorney. Hennepin County North Hennepin Mediation Program Serves North and Western Hennepin County Hennepin County provides equal access to employment, programs, and services without regard District Court Phone Number: 763 -561 -0033 to race, color, creed, religion, age, sex, handicap, Fax: 763 -561 -0266 marital status, affectional preference, public assistance, criminal record, or national origin. As Hours: Monday — Friday required by Statute 504 of the Rehabilitation Act of 1973, Hennepin County provides a procedure to http: / /www.co.hennepin.mn.us 8:30 am to 4:30 PM resolve complaints of discrimination on the basis of handicap. If you believe you have been discriminated against, contact the Affirmative Action programs Department, Government Center, Minneapolis, Minnesota 55487 348 -4096 TDD Number: 348 -4096 Last Revised February 9, 2002 We believe North Hennepin we can make a difference through community partnerships. Mediation Program Inc. 2001 Foundation Thank you to our 2001 Fees 24% Volunteer Board of Directors Annual Rep ort 3 /o Interest Phil Carruthers, Esq., President 1% Director, Prosecution Division Cities °E Ramsey County Attorney's Office 15% Robert Kuebelbeck, Vice President State Architect, Setter Leach & Lindstrom Inc. 26% Joan Molenaar, Secretary Champlin City Councilor, Community Activist, Volunteer North Hennepin Dale Korpi, J.D., Treasurer County Investment Advisor 20% Private =; + James Collins 11% Assistant V.P., Marquette Banks Med iation Leonard Lindquist Sources of Funding - 2001 A special "Thank You" to Bob Lurtsema, Jim Marshall, and everyone who made Mediator, Arbitrator Program I nc . our 2nd Annual Fundraiser an entertaining and successful event. Judith Mason Thank y Fi nancial Partners Attorney, Emphasis in Family Law Y Sean Rahn Research & Media, MN House of Representatives Foundations Private McKNIGHT FOUNDATION Gold Thank ou to NHMP Hennepin County Bar Foundation Allegra Printing & Imaging, Jerry & Sue Low Y United Way Brooklyn Center Lions Volunteer Mediators & West Foundation Community Partnership Program Fallon McElligott Iten Chevrolet Ambassadors State of Minnesota Leonard Lindquist, Supreme Court , in Memory of Judge Earl Larson In 2001, NHMP volunteers: Dept. of Corrections Marquette Banks • Donated over 6500 hours MN Ctr for Crime Victims Robins, Kaplan, Miller & Ciresi • Served over 5000 people Frank Slawson • Assisted staff with outreach and fundraising Hennepin Private NHMP Volunteer mediators receive 30 hours of initial TM Silver training, 20 hours post- decree, followed by 6 hours of Cities Brookdale Chiropractic Center, Dr. Kent J. Erickson annual continuing education Brooklyn Center Maple Grove Cardinal Towing Brooklyn Park Minnetonka Carson, Clelland & Schreder, Attorneys at Law Champlin Plymouth Cass Screw Machine Products Thank you to our Referral Crystal Robbinsdale G.M. Development Inc., Gary Uhde Building Stronger Hopkins St. Louis Park Halleland, Lewis, Nilan, Sipkins & Johnson, P.A. S ources Insurance Federation of Minnesota Communities and Families Kennedy and Graven Chartered Hennepin Courts (Housing, Conciliation, Family) Agency Bob and Marlys Kuebelbeck Municipalities by Helping People Resolve Builders Assoc. of the j Judith Mason Local Police Departments Twin Cities Lisa McNaughton and Stephen Cooper Schools ort Medical Clinic Conflict Constructively. Dr. Duane Orn, Northport p Operation de Novo George and Sally Pillsbury Builders Association of the Twin Cities Platinum s Reliant Energy Community Agencies Lindquist & Vennum Schwebel, Goetz, and Sieben, Attorneys At Law Attorneys and Advocates Target Corporation Sky Dental Clinic Dr. Fred Schil Clinic, M 9 rP Y�^' Y � Parties themselves Twin City Federal SuperValu Our supporters Leonard Lindquist, Jim Marshall a Phil Carruthers ' "= Terry's Amoco, Terry Pressler r, Vik g Update M 3300 County Road 10, Suite 212 t our Fundraiser dinner. Debra Yerigari Brooklyn Center, MN 55429 Thank you, McKnight Foundation, for partnering with NHMP to Without you, we couldn't reach the people (763) 561 -0033 M help children and families thrive in supportive communities who stand to benefit from our services. I year of serving our T he year 200 disputes res ectfull with h from need ��� tools to hel them nav i g ate � - P 200 (NHMP) 18th 1 marked North Hennepin Mediation We believe people can resolve their ... children and teenagers program community. Our belief system, spelled out in these pages, own p y , p p g d iation is often characterized as an sustains us and drives us to broaden our impact. As we trained mediators everyday conflict, as well as the conflict that M alternative to litigation and /or police listen to the positive comments of those who have filters down from the adults in their lives involvement. That characterization captures only participated in a mediation as we look at the number of g ;, part of what we do. Regardless of whether the �.. }::. . volunteer mediators who come back each year to serve their nature of the dispute involves family, community (some more than 15 years!), and as we look at neighborhood, i - workplace, school, or a business the stories our statistics reveal, we have no doubt we are consumer situation, mediation is also an making a difference. ^:n A alternative for those who would otherwise endure a We realize our work would not be possible without you. We 4 F....... stressful situation, without seeking any form of depend on referral sources who connect us with those who ' 'i resolution. In addition, mediation is an alternative stand to benefit from our services, on our financial for those who would otherwise use violent or self- supporters, and our volunteers who donate their time, their destructive means in response to conflict. passion, and their wisdom. NHMP's volunteer Board of Directors understands the increasing importance ofx �.- •. individual and corporate donations. Such partnerships are - an essential part of our plan to continue to be a resource to a _ our communities in future years. Thank you, to all of our partners in mission! }` North Hennepin Mediation Program Service Area The year 2001 also marked the culmination of two important components of Minnesota's community Brooklyn Center Added Summer 2001 mediation movement. Bonnie Lukes, NHMP Executive We believe communities, families, Brooklyn Park Deephaven Director through June 2001, was key to the NHMP story schools, and businesses function more We .believe we rovide an excellent since its inception. She has raised this organization from effective) with constructive means to prevent p Champlin Golden Valley infancy, leading us with vision, tenacit integrity, and her y p return on the community investments of our Cr Hopkins hallmark wit. NHMP will always be grateful for her legacy. and resolve conflict financial partners by providing services rY p Dayton Medina through trained volunteers. Last summer, West Suburban Mediation announced that it Hanover Minnetonka would be closing its doors due to insufficient funding, after Hassan Township Orono serving Hennepin County's western cities for 18 years. Emp foyer Maple Grove Plymouth NHMP is reaching out to the western suburbs in an effort to North olis fill the gap in services. As described above, we believe we Juvenile �_:. `�:�_ Minne ( Nort h ) Shorewood Business -:;a. can make an impact on these new communities by forming 13% r:: °....:.• _ , New Hope St. Louis Park Consumer key partnerships among referral agencies, volunteers, and Family or 28% Osseo Wayzata financial supporters Interpersonal Robbinsdale 4% As we approach our 20th Anniversary in 2003, we take stock :" Rogers of our accomplishments, and give credit to all of you who Neighbor == 17% Landlord - have played a role in the important work of building tenant `' :s Growth at NHMP stronger, more peaceful communities by providing constructive means to resolve disputes. As our communities g% _ "';� 1983- present grow and change, the need for NHMP's services is more Post Divorce 1600 important than ever. 28 % 1400- , ........���� •�,.,. ......,. ........ ` ... ya Beth Bailey -Allen Types of non -court cases mediated in 2001 1200 Executive Director 1000 Phil Carruthers Thank you to NHMP staff 800 Board President 600 2000 -2002 Bonnie Lukes, Executive Director (through June 2001) Beth Bailey - Allen, Executive Director (from July 2001) We believe we create closer 400 connections to the communities we serve b Joni Brown, Program Manager y 200 - Joan Molenaar g Board President Janet Mauer, Community Liaison recruiting volunteers from the same 0 ,. 2002- Sandra Moberg Walls, Case Developer communities 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 City Council Agenda Item No. 9a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8 th day of July, 2002, at 7:00 p.m. or • as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69' AND BROOKLYN BOULEVARD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: . L-Ls 6 tluvugl, 18, D1u,,1. 2, t ., hlliti.,., Section 35 — 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lots 1 through 4, Block 1 Johnco Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of .2002. Mayor ATTEST: City Clerk S Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 10a • Member introduced the following resolution and moved its adoption: r RESOLUTION NO. RESOLUTION RECOGNIZING LLOYD KNUTSON IN APPRECIATION OF HIS SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Lloyd Knutson has been employed by the City of Brooklyn Center from February 18, 1975 through July 31, 2002, serving through the years in the Grounds and Street Maintenance Divisions of the Public Works Department; and WHEREAS, during his 27 years of service to the City of Brooklyn Center he has contributed in to the repair and maintenance of street asphalt and concrete, storm sewer maintenance, snow and ice control, and a variety of other duties as called upon; and WHEREAS, Lloyd Knutson faithfully served the citizens of Brooklyn Center as a dedicated public works department employee and has now chosen to enjoy the retirement he has earned through his hard work and public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that this resolution be and hereby is adopted in recognition and appreciation of the many accomplishments and 27 years of service to the City provided by Lloyd Knutson. 0 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 10b e • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE WHEREAS, the main goal of the Earle Brown Days Committee is to organize, coordinate, and plan the activities of the Earle Brown Days Festival; and WHEREAS, the Earle Brown Days Committee has been vital in the continuation and success of the Earle Brown Days Festival; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that their service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the dedicated public service of the Earle Brown Days Committee is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 10c • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION TO THE MINNESOTA CHAPTER OF MOTHERS AGAINST DRUNK DRIVING (MADD) FOR THEIR DONATION OF A PORTABLE BREATH TEST UNIT FOR THE POLICE DEPARTMENT WHEREAS, the Minnesota Chapter of Mothers Against Drunk Driving has presented to the City a LifeLoc, Model SC -10, portable breath test unit valued at $600. The unit will be used by the police department to support and enhance enforcement efforts against driving while intoxicated; and WHEREAS, the City Council is appreciative of the donation and commends the Minnesota Chapter of Mothers Against Drunk Driving for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10d PROCLAMATION DECLARING JULY 14 THROUGH 20, 2002, TO BE COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK WHEREAS, community activities, recreation and services provided in our community by the Community Activities, Recreation and Services Department are an integral part of our citizens' everyday lives; and WHEREAS, the Community Activities, Recreation and Services Department provides for the maintenance and custodial functions for City -owned buildings, development and implementation of organized recreational activities, operation of the Community Center and swimming pool, and management of Centerbroolz Golf Course; and WHEREAS, recreational programs and activities and leisure experiences provide opportunities for people to live, grow, and develop into contributing members of societ and experience a sense of community through fun recreational pursuits; and WHEREAS, well- maintained government buildings, including Centerbroolz Golf Course and Community Center, maize our community attractive and a desirable place to live, work, play, and visit to contribute to our ongoing economic vitality; and WHEREAS, the knowledge, shills, and abilities of the government buildings staff promotes the bealtb, safety, and comfort of this community by providing necessary grooming and maintenance ® of our government buildings; and WHEREAS, the dedicated service and commitment of community activities, recreation and services staff touch the lives of individuals, families, groups, and the entire community which positively impacts upon the social, economic, health, and environmental quality of our community; and WHEREAS, it is highly appropriate that the services provided by the community activities, recreation and services staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of July 14 through 20, 2002, to be Community Activities, Recreation and Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that community activities, recreation and services and government buildings staff maize every day to our health, safety, comfort, and quality of life. Date Mayor ATTEST: City Clerk City Council Agenda Item No. 10e i CITY COUNCIL 2002 GOALS • Goals are not in any order of priority. Goal l: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: - emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Status: Several ordinances and notices have been translated into Hmong. City Council has given approval for development of City web site links to ethnic and cultural resources, developing City Watch articles to highlight the contributions of the many cultures represented in Brooklyn Center, and identifying ways to include information about public events in 2003 that recognize or celebrate cultural events and contributions. Coop Northwest completed 5 city recruitment process for seasonal and part -time recreational employees that increased exposure for our recruitment efforts and resulted in limited successful hiring of minority candidates (a beginningfor the process which will continue in 2003 and will involve exit surveying in 2002). Continued involvement in regional human rights efforts through Coop Northwest and participation in Heritage Festival. Goal 2: Support Brookdale Redevelopment By: -use of tax - increment financing - monitoring developer performance and construction • Status: Talisman has substantially completed the interior and exterior construction, Barnes & Noble has opened, and work progresses on Marshall Fields. Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: - coordinated efforts of the police and community development departments - increased effort and focus on high- density areas, while continuing neighborhood enforcement - continuing to evaluate additional approaches to achieving improved compliance - increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Status: New neighborhood liaison hired. LEAP and HOME continue to participate in providing assistance to elderly and disabled in home maintenance and compliance with code enforcement orders. Code Enforcement sweep basically completed and re- inspection and prosecutorial follow -up on- going. Chief Bechthold is reviewing apartment liaison activities and structure. A revised rental housing ordinance has been adopted relating to license issuance, revocation, suspension, and standards. The Housing Commission is reviewing potential substantive changes to the rental housing ordinance similar to those being developed by Brooklyn Park and adopted by New Brighton. Goal 4: Increased Proactivity Toward Fighting Crime By: - increased visibility of police in neighborhoods and apartment complexes • - continuing and expanding the participation rate in Neighborhood Watch Programs - including public safety information in all City newsletters Status: Public Safety information continues to be included in each City Watch Newsletter. Community Development and Police Departments participate actively in ARM group. Police visibility has increased. Goal 5: Actively Support Northeast Corner of 69"' Avenue and Brooklyn Boulevard Redevelopment By: - completing project and monitoring developer performance Status: Closing is anticipated at the end of July on the property. Site plan approval has occurred for most of the site (convenience gas station is conceptually approved). Developer has requested permission to start site preparation work prior to closing. Goal 6: Complete Community Center and City Hall Retrofitting Project By: - completing projects as planned Status: Most work has been completed. Finishing work oil landscaping, moving Finance andAssessing back into their area, and punch list items remain, along with installation of sound system and video for City Council Chambers. • Goal 7: Continue and Implement Long -Term Financial Plamzing By: - continued five -year planning for utilities and capital improvements - reviewing and developing contingency plaiming - continuing to evaluate the City's financial priorities Status: This is part of budget and capital unprovementplan process over the summer and fall. The Legislature has eliminated ability to plan for General Fund. S year plans will be updated for utilities and capital improvements. Goal 8: Support and Promote Major Road and Street Improvement Projects By: - completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 - Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn/DOT - completion of the proposed France Avenue routing - Supporting and participating in the Interstate 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center • Status: 2" phase of Brooklyn Blvd has started. City continues to participate in North Metro Mayor's Highway 100 Council and work with MnDOT on 694. France Avenue is under construction, as is a new railroad bridge over Highway 100, and the interchange of Highway 100 and County Road 81. Goal 9: Plan for Destination Parks By: ® - implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan Status: Capital Improvement Plan will be updated as part of summer /fall budgetprocess. Grandview improvements are on hold pending finalization and construction of new elementary school. Goal 10: Support and Expand Joslyn Site Development By: - working with the developer to complete Phase III Status: Phase II is complete. Phase III anticipated to commence this year. City Council has revised Tax IncrementAgreement to reflect State's assumption of 113 of Commercial taxes, resulting in a decrease in available increment without a corresponding reduction in the amount of real estate taxes paid by commercial properties. Goal 11: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: - continuing enforcement efforts through multiple resources - continuing and expanding information to the public on traffic safety and calming efforts - enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use • Status: Police have engaged in targeted enforcement detail with impressive results. Police are reviewing results and planning additional traffic enforcement details. Goal 12: Utilize Recommendations Developed in the Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: - additional public input on directions and priorities for development and redevelopment of the Central Business District - establishing specific development priorities for the next five -ten years - modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes Status: Awaiting consultant design based on public input and meetings from 2001. Current target from Metropolitan Council for public presentation of Calthorpe designs is the beginning of August. • • City Council Agenda Item No. 10f e • City of Brooklyn Center A Millennium Community • June 27, 2002 MEMO TO: Michael J. McCauley, City Manager F O Jane A. Chambers, Assistant City Manager SUBJ Size of Brooklyn Center Deer Herd/Citizen Complaints The Mayor received a call about a month ago from a resident in the Palmer Lake area. The citizen expressed concerns about the size of the deer herd in the area. I called and discussed the situation with the citizen, and using her information, checked with the Public Works Superintendent and with Chief Bechthold about the specific complaints and about the deer herd issue in general. I have also discussed the matter with engineering staff who have fielded several complaints about the herd. Dave Peterson called the DNR to find out what, if anything can be done about the herd ® size. At a March 2002 count, paid for by the City of Brooklyn Center (less than $200 because it was coordinated with a county by Brooklyn Park), there appeared to be about 70 deer in the Palmer Lake region, some in Brooklyn Center, and some in Brooklyn Park. Nearly all of the deer counted in Brooklyn Center reside in the Palmer Lake area, I think the count was about 40 -42 deer, with the balance counted in Brooklyn Park. Late last week, posters appeared in the Palmer Lake neighborhood area of both Brooklyn Park and Brooklyn Center requesting citizens to work together on a plan to reduce the herd. These items were posted illegally, and they were removed. However, I followed up on the information contained in the poster and was able to talk with a Brooklyn Park resident on 73 Ave North who expressed a number of concerns about the size of the herd. Her concerns were very similar to the ones expressed by the Brooklyn Center resident who had called Mayor Kragness. The concerns expressed are: • The herd congregates in groups of 11 to 26 or 30, and sometimes 40 deer. The deer have become bolder, and are not deterred from entering yards by the methods recommended in DNR literature. • Both of these homeowners claimed to have tried all of the recommendations given in DNR literature, including installing plants that the deer do not favor. None of these measures have worked this season to deter their congregating in resident's yards, and eating any plant material available. This complaint is consistent with others received by public works staff. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 1 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 • • The herd is easily spooked, and will run in a pack through yards. Both homeowners told of "near- miss" situations with small children, for whom they each expressed the greatest concern. They also spoke of deer running scared down neighborhood streets, and on the jogging paths through the park. • The Brooklyn Park resident said she has seen 2 injured fawns, both with significant hip and/or leg injuries. She thought these injuries had to be from vehicles. • Both homeowners were familiar with deer, having each grown up in rural areas. They each expressed fondness for deer, but were concerned that the size of the herd is causing significant problems in the area. Dave Peterson and I have conferred on the deer issue, and Dave obtained a number of materials from the DNR, which I have enclosed with this memo. I also obtained an article recommended by the Brooklyn Park resident. I have reviewed these materials, and have the following recommendation: 1). Appoint a task force to study the deer issue in Brooklyn Center, and to work with Brooklyn Park, to obtain the facts necessary to gather information required by the DNR before any action on the size of the herd can be taken by the City. 2). The task force needs to determine how large the herd actually is (the Brooklyn Park resident said their count was higher than our March count), and forecast into the next 5 years or so what the size might be if no thinning program takes place. This is important because of the continued building in Brooklyn Park that might force more deer into the Palmer Lake area. 3). The task force needs to recommend what size of herd can be sustained in the Palmer Lake area, for both Brooklyn Center and Brooklyn Park, and be compatible with the residential neighborhood use. 4). The task force can verify neighborhood problems with the current herd size, document concerns, and perhaps survey the property owners to gain insight into the residents perspective on the issue. 5). Once the above data is gathered, the task force can discuss options for herd control, including recommending no action at this time, and establish what indicators would need to be in place to consider a thinning program. The task force can also recommend alternative measures to thinning that might be taken, with neighborhood and city cooperation, to discourage the deer from the area. I do not know if Brooklyn Park staff and/or citizens will want to work with us. The Brooklyn Park resident has been in contact with a City Council member, and had received a letter from the Brooklyn Park City Manager with information (all of which she says doesn't work) about discouraging the deer in the area. Dave Peterson has talked with a Brooklyn Park staff person who told him that the Brooklyn Park Chief of Police is 2 the person in charge of assessing the deer complaints, and that he has determined that the herd is not large enough at this time to warrant thinning. When the task force work is complete, a report can be written and made available to residents of the area and the surrounding community. This report would form the basis for decision making by the City Council on what action, if any, to take about the issue. The DNR allows for local governments to thin the herd through sharp- shooting or archery methods. The herd may be thinned on the basis of a plan, for which all of the above information gathered by the task force will be necessary. I am recommending the task force approach so that in the process of looking at the problem, a consensus about solutions could begin to form. Task force members could serve as advocates for the recommended solution and/or solutions as needed. My suggestion is that the task force should have at least two citizen representatives if possible, so that the recommendations have a community basis of support in this often controversial issue. It would be best in my view, if we could work with Brooklyn Park in some way to reach our conclusions, and to assure that Brooklyn Park residents in the area would be part of the study and information gathered. After you have had a chance to review this memo and the attached information, we can discuss this issue. I can contact the Extension service and other communities experienced with this issue, but thought I should give you these materials to look at first and then see what direction you would like to take. Materials Enclosed: 1). Urban Deer Population Control Polices and Procedures, Minnesota DNR. 2). Plan for Management of White- Tailed Deer in Twin Cities Metropolitan Area, Minnesota DNR. 3). Article from Audubon Society Journal: Wanted: More Hunters. From March, 2002 issue. 4). DNR Deer Management Materials for homeowners. (Again, each of the people I talked with already had these materials and said the methods outlined had not worked for them). • 3 ® URBAN DEER POPULATION CONTROL POLICIES AND PROCEDURES Minnesota Department of Natural Resources April 10, 2002 POLICY I. Wildlife is owned by the State, however the State is not liable for damages caused by wildlife. 2. The Minnesota Department of Natural Resources (DNR) manages deer populations primarily through regulated hunting seasons. When a local governmental unit (LGU) precludes hunting through weapons discharge or other ordinances, responsibility for deer population management reverts substantially to the LGU. 3. DNR provides technical assistance and coordination to LGU's for controlling deer populations. PROCEDURES S 1. DNR Area Wildlife Managers maintain a Wildlife Complaint Inquiry Log, detailing locations and nature of deer damage, which is provided to local governments on request. 2. When citizens request deer population control, they are referred to the LGU. 3. When the LGU decides to address deer o ulati p p on control the Area Wildlife Manager provides the following assistance: A. Conduct aerial surveys to estimate the deer population (at the expense of the LGU). B. Provide estimates of probable population growth and deer removal needs to meet desired population density goals. C. Meet with the LGU citizens iz ns and committees /task forces to discuss possible control options and make recommendations. 4. If the LGU decides to pursue deer population control, DNR requires the following: A. Deer population estimate. B. Deer o ulat' p p ion g oal. • C. Public involvement: an open process to allow citizen discussion/input, such as public meetings, hearings or committees. • MN URBAN DEER CONTROL Page 2 D. A written plan to achieve and maintain the population goal, including information on non - lethal damage abatement techniques. E. Keep and maintain accurate records of deer - vehicle collisions. F. Institute and maintain a standardized system to record citizen complaints. 5. DNR strongly recommends that the LGU also do the following, so that results of deer control can be measured. A. Survey public opinion and experiences in the area/community, preferably with a statistically valid mail and/or interview instrument. B. Survey deer damage to vegetation in natural areas. 6. Upon completion of a deer management plan, if deer removal outside of normal hunting is proposed, the LGU must apply in writing for a DNR deer removal permit annually to remove a specific number of deer. Population control methods which may be approved are shooting • with firearms or archery equipment, including trapping deer and dispatching them in the trap; and experimental immunocontraception (no permits to date). Trap and transfer of deer will not be allowed. 7. The LGU must provide DNR with data on sex, age and location of deer taken, as well as number and sex of fetus' present in females. 8. All deer taken must be field dressed and surrendered to the local DNR Conservation Officer within 24 hours. Deer are distributed to the needy, groups or individuals at the discretion of the Conservation Officer. e r.. A PLAN FOR MANAGEMENT OF WHITE- TAILED DEER IN THE TWIN CITIES METROPOLITAN AREA Introduction The white - tailed deer (Odoccileus virainianus), appealing to hunters and non - hunters alike, is found throughout the Twin Cities Metropolitan Area. The mosaic of woodlands, wetlands and croplands in the Metro Area creates deer habitat capable of sustaining breeding Populations of 20 or more deer per square mile. The amount of deer habitat in the Twin Cities Metropolitan Area is shrinking as thousands of acres are converted to industrial, commercial, and residential S neighborhoods. Deer populations are being compressed into the remaining open space such as river valleys and parklands. At the same time deer populations continue to expand in urbanized areas. As a result of urban land use and local weapons use ordinances that restrict and prevent hunting which is the most effective method to control problems. This special plan is intended to aid the Department of Natural Resources (DNR) in addressing present and future management of deer in urban areas. General White- tailed Deer Biology Management of the white - tailed requires understanding of its biology and behavior especially in urban situations. Although deer prefer rural areas with an equal mixture of open land (e.g. agricultural fields), woodlands, and brushlands, they adapt to human presence and are capable of living in moderately populated areas and in isolated habitats within densely populated urban centers. Deer are herbivores capable of adjusting to a wide variety of foods ranging from acorns and twigs to alfalfa, corn and ornamental plants. Most whitetails breed in November, although breeding can occur anytime between September and April. The number of fawns produced per doe is largely a function of the doe's age, and availability and quality of the food resources. Food resources in the Metro Area are very good and most does 3 years and older produce twin fawns; about 10 percent produces triplets. Does 2 years old produce about one and ® one -half fawns per doe and up to 50 percent of the fawn does (1 year old) produce a fawn. During winter, deer band together in herds varying in size from a few to over one hundred. In the Metro Area, many deer move to traditional wintering areas such as woodlots and river valleys. Many traditional areas are still used even when the quantity and quality of the food and cover resources have declined. Expanding deer Populations, however, continue to search out and utilize new wintering areas. At winter's end, many deer migrate to summer activity centers up to 15 miles from the wintering areas. Does are usually accompanied by the previous year's fawns. Prior to fawning in late May and early • June, does chase the previous year's fawns from the activity centers. -2- • Normally fawn does establish territories adjacent to or in a portion of their mother's activity center, while buck fawns disperse further to establish activity centers. Population Analysis Whitetail densities vary across the Twin Cities Metropolitan Area depending on habitat quality, land use, human density and harvest regulations. Higher densities occur in the northern and southeastern portions of the region where spring densities are between 10 and 20 deer per square mile. In the southern and western portions of the region, densities are considerably less ranging from 3 to 10 deer per square mile. Some localities with good habitat and closed to hunting support densities in excess of 50 deer per square mile. Population data for large areas can be misleading because deer tend to concentrate in good habitat and where disturbance is minimized. For example, spring densities of deer in urban Bloomington average less than 1 per square mile, while in the adjacent Minnesota River Valley densities are up to 8C deer per square mile. During winter months, densities of 100 deer of more per square mile have been observed in specific concentration areas. In contrast, in areas of exceptional habitat where hunting is allowed, such as the Carlos Avery Wildlife Management Area and selected Regional Parks and Reserves, • populations are controlled and seldom exceed 25 deer per square mile. -3- e In the Metro Area, as in agricultural areas of the state, deer density objectives are primarily influenced by the number of deer that human residents will tolerate. Therefore, most density objectives are set at levels lower than the habitat could support. The major mortality factors affecting the white - tailed in Minnesota are legal hunting, severe winter weather, poaching, predation, vehicles, diseases and accidents. In northern Minnesota, over 75% of the annual mortality can be attributed to legal hunting • (25 -50%), severe winter weather (0 -30 %) and predation (10 -20%), while in agricultural Minnesota, legal hunting and vehicles are most important with legal hunting accounting for 60 -70 %. For the Metro Area as a whole, legal hunting and vehicles are of equal importance and together cause over 90% of the annual deer mortality; of course in areas not open to hunting, vehicles account for virtually all of the annual losses. Impacts of White- tailed Deer Economically, the white - tailed deer is the most important wildlife species in Minnesota and the nation. In 1990, over 490,000 Minnesota deer hunters spent more than $11 million on deer licenses, $39 million for ammunition and equipment, and $42.5 million for transportation, food and lodging. That same year, an estimated -4- 350,000 Minnesotans spent an average of $150 per person on travel and equipment to observe, photograph or feed deer. In total, Minnesota hunters and non - hunters spent over $145 million in pursuit of whitetails. Our best estimate of expenditures in pursuit of whitetails within the Metro Area is over $28 million. Deer also have negative impacts. In 1990, over 3,000 deer were reported killed by vehicles in the Metro Area (Fig. 1). Using an average vehicle damage estimate of $1,500, repair costs would total over $4.5 million annually. Fortunately, very few injuries occur or • lives are lost in deer - vehicle collisions. The dollar value of damage done by deer to gardens, shrubbery, truck farm crops and other agricultural crops has not been estimated but in locations where deer can not be controlled, damage may be severe. Even in areas where the damage is not of great monetary value, deer are sometimes considered a nuisance. Because deer are known to carry the tick that harbors Lyme disease, residents often consider deer populations a health hazard. Although deer do carry this tick, the risk of Lyme disease due to the presence of deer should not be exaggerated. Many species of mammals (e.g. mice and voles) and birds (e.g. song birds) also carry this species of tick. Inoculation of pets and education on how to prevent • infection are the best methods of dealing with this health threat. -5- Deer Management in the Twin Cities Metropolitan Area Prior to the 1970's deer harvest management consisted of annual either sex hunting seasons throughout most of the state as well as the Metro Area. Deer populations were low and difficult to maintain at desired levels; some areas had hunting seasons only every other year. Minnesota's declining deer population in the late 1960's and early 1970's prompted modifications in hunting season framework. The present framework allows the taking of antlerless deer by permit only. Permittees are selected by an annual, random drawing and allowed to take a deer of either sex in specific areas known as quota areas. This framework allows wildlife managers to regulate the harvest of antlerless deer to better control populations. In the Metro Area, most applicants receive an antlerless permit; management permits for taking an additional antlerless deer are available in areas where additional harvest is desired. Since 1970, widespread land use changes in the Metro Area have been affecting deer habitat. The orderly urban expansion of the 1950's and 1960's was abandoned. Instead of a gradual enlargement of existing urban areas, small residential areas began cropping up miles from traditional urban centers. Also, buyers desired larger home • sites of 5, 10 or even 20 acres. -6- To meet these demands, large agricultural holdings were subdivided resulting n increased human o g population densities in rural areas. Many new landowners did not allow hunting, thereby creating thousands of acres of refuge. In addition, local ordinances were passed regulating weapons use which created even larger and more effective refuges. The net result of these changes has been a moderate to phenomenal increase in deer numbers within the Twin Cities Metropolitan Area (Table 1 & 2; Fig. 1). Deer population increases have been moderated • in areas where deer hunting with firearms is still permitted. Communities that have precluded or severely restricted hunting through weapons use ordinances but still contain whitetail habitat have experienced dramatic increases in deer populations. Philosophy Behind White - tailed Deer Management in the Twin Cities Metropolitan Area In the Metro Area, management goals and objectives begin with the premise that white - tailed deer are a valuable resource providing aesthetic, educational and recreational opportunities. In addition, a viable deer population indicates the success of land management t activities 9 zn rovidin green space and creating P g g P g a pleasing urban environment. The Twin Cities Metro Area is unique. • Its diversity and abundance of wildlife and habitat adds to the - '1- area's character and contributes greatly to the quality of human life. Minnesota Statutes delegate the responsibility for deer management to the DNR. The primary tool available to control deer population is recreational hunting. However, municipalities which have used their authority to prohibit the legal discharge of firearms or bows and arrows must accept a larger share of the responsibility for solving problems that may arise from their actions. In these cases, The DNR Section of Wildlife's responsibility is to alert cities • with potential problems and coordinate and /or facilitate a planning process with any municipality wishing to address their deer management problems. Although recreational hunting will be the primary tool used to control populations, additional methods may be necessary for adequate control. Therefore, the challenge to manage deer in the Metro Area is working with appropriate agencies to develop and implement techniques that control populations. In the following "Long Range Plan ", goals, objectives, problems, and solutions (strategies) are provided to direct white - tailed deer management in both the hunted and unhunted portions of the Metro Area. s -8- 0 onq Ranqe Plan for The Management of White - tailed Deer in The Metro Region '.DAL: Manage white - tailed deer populations within the metro region at socially acceptable levels that provide recreational and educational opportunities. -3JECTIVES: 1. Maintain breeding populations within socially desired limits but no more than 20 deer per square mile of available habitat. 2. Where feasible utilize public hunting to maintain • populations within acceptable limits. 3. Reduce the number of vehicle /deer collisions to acceptable levels. 4. Reduce significantly the number of deer depredation complaints. 5. Develop a framework for an operational deer management plan to be implemented by DNR and local units of government. 6. Promote the intrinsic value of deer as a resource to be enjoyed by metro citizens. -9- • PROBLEM: 1. Population data needed to manage (increase- decrease) populations effectively are inadequate. STRATEGIES: A. Conduct winter aerial counts to establish population density and distribution trends. B. Continue annual collection of reproductive information from does killed between March 1 and June 1 to determine gross productivity. C. Increase monitoring of mortality from vehicle kills, removal efforts, and harvests. e D. Refine population models for specific locations where needed in the Metro Region. E. Request that municipalities, public and private land managers collect and share population data. F. Collect summer browse data in natural areas and crop damage data from agricultural areas to supplement surveys. That Will Be Accomplished? These surveys will provide data necessary to improve the accuracy and ,precision of the models used to estimate metro deer population and aubpopulaticns. Modeling will allow the prediction of population response 0 -10- - e -o various management prescriptions. This data base will provide a sound _oasis for recommended harvest levels and solutions to local problems. PROBLEM: 2. Land use changes continue to reduce the quantity and quality of habitat, and disrupt travel corridors. :STRATEGIES: A. Protect, acquire, maintain, and improve habitats. B. Encourage and assist other public and private land managers to protect, acquire, maintain, and improve habitat. ® C. Support the environmental review process and the protection of critical habitat through the enforcement of land use regulations, such as shoreland and flood - plain, protected waters, sodbuster, and swampbuster. D. Provide technical and financial assistance for private land habitat management programs. :-That Will Be Accomplished? Habitat protection will enhance and protect subpopulations in desired -reas and provide habitats which allow deer to travel from wintering areas to summer range. • -11- RCBLEM: 3. Municipal ordinances that prohibit or restrict the discharge of firearms and /or bow and arrow reduce deer mortality, resulting in excessive deer numbers. TRATEGIES: A. Guide municipalities in the formulation and implementation of deer management plans. B. Seek to alter ordinances to provide for hunting programs with appropriate regulations that address safety and trespass concerns. C. Expand hunting opportunities, within season framework, to attain desired harvest. E. Provide technical and regulatory assistance to municipalities for implementing appropriate alternate forms of population control and /or maintenance when hunting is not feasible. F. Seek changes in legislation that allow for a more flexible and aggressive harvest of deer including increased bag limits and expanded season framework. G. Work with hunters in the Metro area to change attitudes towards hunting to increase the harvest of anterless • deer. -12- I e P+4UT WILL BE ACCOMPLISHED? Recreational opportunities will be maximized. Problems ;vehicle /deer collisions, depredation of gardens, etc.) will be seduced, and the implementation of population reduction.techniques -ill be made more feasible. Local deer management plans will help -, anicipalities address deer- related problems through a citizen �nsensus process before the problems become severe. PROBLEM: 4. Hunting opportunity is reduced because owners of of small parcels in rural areas often restrict hunting. STRATEGIES: A. Work with units of government (state, local, and federal) to encourage zoning ordinances that reduce unplanned development in rural areas. B. Continue to emphasize through news releases, public presentations and meetings that population control via hunting is necessary for overall health of the environment. `�AiiAT WILL BE ACCOMPLISHED? An informed public will expedite effective management of the deer po lations by maximizing the opportunity to kill deer via hunting. 6 -13- ROBLEM: 5. Increased vehicle /deer collisions arouse public safety concerns. TRATEGIES: A. Inform road authorities of highway segments with high numbers of vehicle /deer collisions. B. Work with road authorities to develop and implement effective techniques to reduce vehicle /deer collisions. C. Advise road authorities planning new or upgrading existing roads of deer population areas so that • preventive measures will be integrated in the initial road design. D. Reduce deer populations through hunting or other Population control techniques where unacceptable public safety problems exist. E. Prepare news releases that warn motorists to watch for deer during peak vehicle collision periods. HAT WILL BE ACCOMPLISHED? A reduction in the vehicle /deer collision rate (collisions /miles riven) and resulting economic impacts. -14- • ? :- IBLEM; 6. Lack of reliable winter food resources in or near traditional deer wintering areas results in depredation of standing crops, orchards, and Christmas tree plantings. 5"'UATEGIES: A. Secure food plots or install feeders in traditional wintering areas where depredation are occuring. B. Assist municipalities in planning deer feeding programs where alternatives do not exist. E. Provide technical information for short and long term abatement and deterrence to protect crops. K -�,AT WILL BE ACCOMPLISHED? A reduction of winter deer depredation problems and possible reduction in the number of vehicle /deer collisions. PROBLEMS: 7. Depredation of garden crops and shrubbery is increasing as rural areas become developed. SZIRATEGIES: A. Provide landowners and governmental officials with technical expertise and information on techniques to reduce problems. • -15- • B. Reduce deer populations through hunting or other control techniques. [HAT WILL BE ACCOMPLISHED? Landowners and governments will learn to handle nuisance problems rhich in turn may reduce the amount of time Area Wildlife Managers spend on his activity. , ROBLEM: 8. Large -scale summer crop depredation is very difficult to control effectively. • TRATEGIES: A. Review current literature and maintain contacts with other agencies to learn new techniques for reducing depredation. B. Investigate each complaint and provide appropriate management recommendations which may include abatement technique or removal of offending deer through the issuance of permits for landowners to shoot deer. C. Use hunting seasons or other population control techniques to reduce deer populations to within landowner tolerances. D. Assist landowners wishing to increase hunting pressure • through contacts with local sportsmen clubs. i -16- XHAT WILL BE ACCOMPLISHED? A more tolerant attitude by landowners towards deer will be fostered. :_andowner will be provided with control techniques. 'ROBLEM: 9. Unplanned feeding often causes deer concentrations which develop into depredation or public safety problems. ::TRATEGIES: A. Encourage authorities to develop ordinances or regulations prohibiting deer feeding in locations where public safety and /or private property damage are concerns. • B. Educate the public to the problems that feeding deer can create. C. Assist municipalities in developing feeding stations to reduce car kills and damage complaints. 'THAT WILL BE ACCOMPLISHED? The number of vehicle /deer collisions and depredation complaints will oe reduced. - PROBLEM: 10. Deer herds on some public lands (parks, refuges, etc.) have increased to levels where they are causing unacceptable, depredation on adjacent farms; increasing -17- S • the numbers of vehicle /deer collisions and damaging natural vegetation beyond acceptable limits. 'RATEGIES: A. Assist responsible agencies in developing long -range deer management plans. B. Assist responsible agencies in developing seasons and harvest regulations within the legal hunting framework to reduce the number of deer. C. Provide for additional herd reduction with special permits after other harvest options have been exhausted. :AT WILL BE ACCOMPLISHED? Landowner attitudes towards special areas will improve when deer oblems are addressed and herd size reduced. The health of the deer herd, bitat conditions and roadway safety will improve. .OBLEM: 11. Conflicting public attitudes make some management solutions difficult. RATEGIES: A. Provide appropriate information before controversial management strategies are applied. • -18- B. Continue to provide pertinent information such as population data and management opportunities. C. Adequately inform citizens of safety and depredation problems that result from high deer populations. rAHAT WILL BE ACCOMPLISHED? Resistance to needed management efforts will be reduced. PROBLEM: 12. Many facets of deer biology, ecology, and applied management require further study. STRATEGIES: A. Work closely with the Section of Wildlife Research Unit and state colleges and universities in determining and conducting the prioritized research needs. B. Solicit adequate funding to investigate prioritized research needs. WHAT WILL BE ACCOMPLISHED? With additional knowledge and techniques, management of deer related 4rcblems could be made more effective. Higher deer populations might be maintained at reasonable social costs with higher recreational and aesthetic returns. Control techniques other than hunting may beveloped, ie. birth control. -19- • ROBLEM: 13 Traditional r itsonal funding sources are inadequate. TRATEGIES: A. Promote legislation to obtain adequate funding for managing urban deer. B. Request adequate staffing fsng and budget to implement the Section of Wildlife Metropolitan Deer Plan. HAT WILL BE ACCOMPLISHED? This will allow the DNR to carry out its responsibility to manage e the metro area and keep deer management under the direct upervision of resource management professionals. Deer problems will be olved in a comprehensive and efficient manner without sacrificing on -going NR programs. OPERATIONAL PLAN FOR DEER MANAGEMENT IN THE METRO REGION Clearly the deer resource in the Metro Region has both positive and egative impacts and the purpose of this planning effort is to minimize the egative impacts, yet protect the resource. While many of the foregoing problems can be addressed without dditional funding, key elements such as surveys, planning with unicipalities, and providing adequate winter food resources will require he &ication of additional funds and personnel. -20- 0 The following are suggestions for a minimal commitment to manage deer .ii the Metro Region: 1. Provide for a Specialist Senior to help implement the metro deer management plans (including logistic support approximately $50,000 /year). 2. Provide for aerial surveys - approximately $10,000 /year. 3. Increase funds available for food plot purchases from $10,000 /year to $20,000 /year (this was done in 1992). o Outside of the initial planning, municipalities are expected to «ssume responsibility of surveying local populations and applying necessary anagement measures. • -21- 7 1 6 — 5 — w o _0 4 _ t� c ❑ O o w O 3 - z 2 - 1 _ 0 1972 -75 1977 1979 1981 1983 1985 1987 1989 1991 YEAR ❑ GUN & BOW + CARKILLS • 0 0 Fig 1. Number of deer harvested by firearms and archery hunting and killed by vehicle collisions in the Metro [legion, 1976 -1990. 3500 - — - - - - - -- — -- Firearms --1 000 Archery 2500 - - - -- - - - -- — — - -- — Car Kills �5 200 - - - - -- - - - - -- -- m z I 000 - -- �� - - - - - -- - -- -- 5C0—_- - -- - -- -- — = - - - - -- -- C' r 72 %5 1979 1983 1987 1977 1 "Jai 1985 1989 Year • W Table 1. Number of deer harvested during firearms hunting seasons in the Metro Region, 1976 -90. 1972 -75 County Mean 1976 1977 1978 1 1 _1981 1981 1983_ _1984 1985 1986 1987 1988 1989 1990 Anoka 296 119 177 243 271 264 444 400 6 51 608 796 801 767 Carver 86 34 38 150 150 81 691 850 1 461 Dakota 13Z 149 186 300 294 31 6 306 205 72 92 373 30 4 92 97 142 461 Hennepin 175 174 236 307 435 489 371 428 426 p 50 62 22 49 27 173 153 50 243 84 253 241 205 272 192 340 Ramsey 11 27 1 2 0 0 0 0 0 Scott 136 46 39 86 99 134 147 164 244 290 433 428 478 451 362 Washington__ 155 453 _ 96 76 109_ 132_ 109_ _200 _ 201 _ 315 330 493 489 632 588 571 453 Total 939 456 445 731 776 903 1251 1138 1875 1926 2705 2765 2762 2810 2706 3608 6 Z 3 Table 2. Number of deer harvested during archery hunting seasons in the Metro Region, 1976 -90. 1972 -75 County Mean 197 1977 1978 1979 198 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 lyti 3 Anoka 27 22 31 45 74 105 169 147 156 168 258 247 278 288 288 375 Carver 5 12 12 6 9 24 30 34 49 50 65 53 77 111 132 159 Dakota 17 15 13 13 21 20 46 51 64 99 124 167 174 173 180 231 Hennepin 10 12 11 19 35 78 69 44 97 78 Ramsey 0* 105 156 176 138 140 217 0 0 3 0 1 2 1 0 21 14 33 2 6 12 8 Scott 6 16 22 15 41 44 50 37 50 72 87 136 192 134 210 268 Washington 16 14 16 20 15 39 75 91 88 154 174 196 189 283 336 431 Total -- ---� 81 91 105 121 195 311 441 405 504 642 827 988 1088 1133 1298 1689 3�4Z� * Represents the 1974 -75 mean only. Archery harvest during 1972 and 1973 is unknown. Audubon: Incite Page 1 of 8 4 �111C1te� More • } , Cove WANTED: MORE HUNTERS Incite Wanted: Mor } The U.S. whitetail population is out of control. Not only are deer starving by the thousands, they're laying waste to entire ecosystems. Another vies There is only one solution. Birth control Editor's Note 41 Ted TT�illianrs Wildlife Crisz Audubon Cer, No species in North America has been more grotesquely mismanaged than deer. The mismanagement -- ongoing - -began with a crusade by the early What Y settlers against cougars and wolves, the main predators of deer. This behavior D flabbergasted the Indians. After much arguing and theorizing, they decided it was a symptom of insanity. _ 3/ 2002 By the early 20th century the Feds were leading the charge against predators, and they weren't content with just control - -they wanted extinction. Whipping the public to a froth of anti -wolf, anti - cougar fervor was a young Forest Service bureaucrat who, in 1919, praised New Mexico for "leading the West in • the campaign for eradication of predatory animals" and who urged states to "finish the eradication work." But later, when the bureaucrat, Aldo Leopold, If your comtr extended his reading to what deer were writing on the land, he filed this report: deer problem I have watched the face of many a newly wolfless mountain, and seen the this article. T south - facing slopes wrinkle with a maze of new deer trails. I have seen every from your sta edible bush and seedling browsed, first to anaemic desuetude, and then to agency how i death. I have seen every edible tree defoliated to the height of a saddlehorn. deer damage Such a mountain looks as if someone had given God a new pruning shears, forests. For it on managing and forbidden Him all other exercise. In the end the starved bones of the hoped way that pror for deer herd, dead of its own too -much, bleach with the bones of the dead healthy ecosy sage, or molder under the high -lined junipers." on to Pennsyl Audubon's w That's what I saw in the early 1980s on the Crane Estate, 30 miles north of http: / /pa.audt Boston, where roughly 400 white - tailed deer - -340 more than carrying capacity- -had denuded 2,000 acres. There wasn't a scrap of green to the height of a saddle horn. One of the last undeveloped barrier -beach complexes in the East had been shorn of native plants. Dunes were blowing away. The property, owned by the Trustees of Reservations, was supposed to be a wildlife refuge, yet the deer had eliminated wildlife that rear young and/or find cover in midlevel vegetation. Each winter most of the fawns died because they couldn't reach the browse line. In their weakened condition adults were being eaten from the outside in by dogs and from the inside out by parasites. Their skin stretched across their ribs like cloth on Conestoga wagons. Commenting on • the disaster, The Boston Globe reported a "conversation" between Bambi and his skunk friend. "'Why are you sitting ?' Flower asked. 'Fawns don't sit.' http: / /magazine.audubon.org /incite /incite02O3.html 6/26/02 Audubon: Incite Page 2 of 8 I'm too weak to stand,' said Bambi. 'I think I'll just sit here for a few days until I fall over and die.' And he did." The trustees had forbidden untin here started h g e e since they s a ed acquiring land in 1945, but apart from cultural bias, there had been no reason for the ban. By the late 1970s the trustees realized that hunting was the only way to preserve wildlife, and they scheduled a public hunt for 1983, thereby energizing a national animal - rights outfit called Friends of Animals. The animal- rights movement doesn't like people who "manipulate" nature, but it doesn't like nature either. Asked what he'd do if granted absolute power over the world, a father of the movement, Cleveland Amory, declared: "All animals will not only not be shot, they will be protected - -not only from people but as much as possible from each other. Prey will be separated from predator, and there will be no overpopulation, because all will be controlled by sterilization or implant." In September 1984, after Boston magazine had asked me to write about the Crane controversy, I queried Friends of Animals about the humaneness of starvation as a management strategy. I was told that it's painless because Mahatma Gandhi, while fasting, claimed to have been comfortable enough. With that, Friends presented me with a pamphlet entitled "10 Easy Steps to Ban All Hunting!" in which I was instructed to, for example, deploy cow dung as a weapon against hunters. People who anoint themselves with skunk musk to hide their scent, then pull steaming entrails out of deer were supposed to flee from meadow muffins. That was an "easy" step. • Mobilized by Friends, the public festooned the Crane property with squashes, cabbages, beans, and beet greens, succeeding only in giving a few deer gastroenteritis (deer diarrhea). Two days before the hunt Friends flounced around with placards that read, "Save a Deer, Bag a Hunter," and group members vowed to throw themselves between the deer and the guns. The trustees canceled the hunt, then embraced Friends as one of their official advisers on deer management. At this point the area had the highest incidence of Lyme disease on the planet: Two- thirds of the people whose properties bordered the reservation were infected. If Cleveland Amory sprang from the grave and took over the world, he could not control wild ungulates. Even if it were possible to trap and transfer deer without killing them, no one would take them. Nor is there workable birth control. While its possible to sterilize lots of deer, its not possible to sterilize enough to control even a small, isolated population. There is much flap in animal- rights publications about immunocontraception, an innovative method by which does are vaccinated against their own eggs. It works well on captives. But after studying nonlethal control of deer for 10 years, Larry Katz, head of the Department of Animal Science at Rutgers University's Cook College, called immunocontraception "impractical, counterproductive, and absolutely unworkable." Has the public learned anything from the Crane fiasco and thousands of replays in urban and suburban parks and reservations across America? Maybe, http: / /magazine.audubon.org /incite /incite02O3.html 6/26/02 Audubon: Incite Page 3 of 8 but not much. Facing severe damage by an exploding deer herd, Town & Country, Missouri (its real name), surveyed 4,000 households in October • 1998. Among the questions: "The city hired a consultant, Dr. Anthony DeNicola, who ... recommended control.... Would you endorse lethal methods ?" Fifty -five percent said no. How about animal - rights groups? Have they learned anything? I put the question to DeNicola. "No," he said. "They never change." When deer start busting ecosystems in places where public hunting wouldn't be safe, DeNicola is the one you call. He runs White Buffalo Inc., a nonprofit wildlife management and research organization dedicated to conserving native species through population control. After he figures carrying capacity, much of his work is done with suppressed .223 rifles. He and his crew shoot deer in the head, killing them instantly. The venison is donated to the needy. Whenever deer irrupt in suburban and urban settings, residents (not just animal- rights zealots) rail against lethal control, demanding immunocontraception and trap- and - transfer. Frequently, they suggest introducing wolves and cougars. After endless testimony and countless hearings, the community solves the problem by inviting in sport hunters or hiring White Buffalo, but not before native ecosystems have been trashed. Protesters have threatened DeNicola, called him "murderer" and "Taliban," contaminated White Buffalo's bait sites with ammonia and human feces. He has been sued five times, never successfully. Before White Buffalo began ® culling deer in Princeton, New Jersey, in February 2001, the town's deer - automobile collisions were up to 337 a year, the highest DeNicola has seen in any municipality. Deer were crashing through picture windows and landing in laps, thrashing and gushing blood. Game wardens were patrolling by helicopter to keep people from feeding deer. Animal- rights advocates delayed the cull with lawsuits. They demanded immunocontraception and trap -and- transfer. They drew deer away from DeNicola's bait sites by putting out corn (when he found the illegal bait pile, he set up there, killing 12 more animals). They offered each of 24 landowners $2,000 to kick DeNicola off their property. (None accepted.) They punctured his truck tires. They paraded with placards. They held candlelight vigils for the departed ungulates. DeNicola, who views such antics as normal working conditions, rates the Princeton project "highly successful." It's hard to imagine contraception ever working in big woods, but it may one day be practical where deer are hemmed in by development -- places any sportsman would avoid like a case of Lyme disease. Perfecting a workable delivery system is going to be tough, though. I caught a glimpse of just how tough on December 11, 2001, when one of DeNicola's products - -a deer biologist with the Connecticut Agricultural Experiment Station -- showed me around his research site in the Lake Gaillard watershed, 10 miles east of New Haven. The biologist was Scott Williams - -26, dark, solid, 6 feet 8 inches. Late in his academic career Williams had gotten serious about his studies and • matriculated at Yale, where he did the fieldwork for his master's under DeNicola - -this to the astonishment and delight of his father (me). He and http: // magazine. audubon .org /incite /incite0203.html 6/26/02 Audubon: Incite Page 4 of 8 project leader Uma Ramakrishnan are testing a method of sterilizing bucks. Williams shoots deer with a tranquilizer gun, getting good hits on 90 percent ® of the ones he fires at. Does are fitted with radio and GPS collars. Bucks, which can't wear collars because their necks swell in the rut, are ear - tagged, and a scarring agent is injected into the epididymis (the sperm- producing body next to each testicle). In the animal - rights community, wishful thinking has a way of being expressed as reality; after Ramakrishnan gave a lecture on her study she was appalled to read in the animal -rights literature that she "opposed" lethal control. While Williams and I were waiting for Ramakrishnan, we patrolled the lakeside road in his truck. Williams keenly understands the dangers of mismanagement. Two years earlier, while he was driving back from monitoring grossly overpopulated deer at Mumford Cove, Connecticut, one leaped in front of this vehicle, doing $4,500 worth of damage. In the southern part of the Lake Gaillard watershed, where we started out, there were now about 100 deer per square mile; in this kind of habitat you start seeing damage at about 15. In a 10 -year experiment, the U.S. Forest Service found that at more than 20 deer per square mile you lose your eastern wood pewees, indigo buntings, least flycatchers, yellow - billed cuckoos, and cerulean warblers (on Audubon's WatchList). At 38 deer per square mile you lose eastern phoebes and even robins. Ground nesters like ovenbirds, grouse, woodcock, whippoorwills, and wild turkeys can nest in ferns, which deer scorn, but these birds, too, are vastly reduced, because they need thick cover. • We saw browse lines around cedars and yews. A grove of white pines had been denuded for the first five feet, a sign of true desperation. At every turn deer froze, then bounced away. In much of the watershed there was no understory save moldering ferns and such invading exotics as barberry, wineberry, and winged euonymus, which deer don't like because they didn't evolve with them. Now ecological restoration, if ever it happens, will require not only controlling deer but killing aliens. Woods like this look "lovely" and "parklike" to most people. The public tends to accept large landscapes as they exist in the here and now, not noticing missing parts. Researching his classic series on hunting ( "Bitter Harvest," Audubon, May 1979 through March 1980), John Mitchell stopped to interview a deer hunter sitting beside a clearcut in Michigan. Mitchell asked the guy what he thought about the forest practices that had produced it. "What clearcut ?" asked the hunter. http: / /magazine.audubon.org /incite /incite02O3.html 6/26/02 Audubon: Incite Page 5 of 8 As white- tailed deer become as common in suburban America as minivans and SUVs, the problems they cause mount. In Pennsylvania alone, 40,000 deer get hit by cars each year. "There's No. 22," said Williams. No. 22 is an eight -point buck that he and Ramakrishnan had recently sterilized. Now they were looking to biopsy his epididymis. I rolled down the window. "Put your hand over your left ear," ordered Williams. At the explosion the buck flinched, and the $200, 50- caliber, radio - transmitting dart tranquilized a sugar maple. "How come all the deer look so good ?" I asked Ramakrishnan when we met her near one of the bait sites. She said that they had glutted themselves on a • huge acorn crop. The acorns had so distracted the deer that they wouldn't come to the bait for most of the fall - -a major setback for the study. Despite the damaged range, the does are in such good condition from the acorns that most will drop twins, speeding the irruption and further blighting the ecosystem. At 3:45 P.M., Ramakrishnan and I drove Williams to his bait site, because the automatic feeder was set to spew corn at 4:00. Williams climbed to his tree stand, and Ramakrishnan and I left. It was dark when Ramakrishnan's cell phone finally rang. Williams had darted No. 22. It looked like a good hit, he said. Ramakrishnan prepared the scalpel and the sutures, but when Williams unfurled the radio receiver and started tracking the dart's signal, he found it on the ground, barb bent and covered with deer hair. It had bounced off a bone, a small price to pay for not having your scrotum cut open. Despite what hunters read in the hook - and - bullet press, they're not about to be replaced by syringe - wielding biologists. America's deer crisis isn't confined to human population centers. In all 50 states it extends to wildland (sometimes vast tracts) where deer -- including elk, moose, caribou, blacktails, whitetails, mule deer, and such aliens as axis deer- - are managed more by superstition than science. First we killed too many whitetails, then too few. They've increased from an estimated 500,000 in 1900 to an estimated 33 million today, and they now occur in all 48 contiguous • states. There is even concern that the explosion will cause the extinction of mule deer because whitetail bucks breed mule deer does, producing sterile males. http: // magazine. audubon .org /incite /inciteO2O3.html 6/26/02 Audubon: Incite Page 6 of 8 Most state game and fish agencies are funded largely by fishing and hunting licenses and taxes on sporting equipment, so they tend to cater to the appetites ® of sportsmen instead of their long -term best interests. You would get the same curricula in schools where the kids signed the teachers' paychecks. No state had managed its deer more abominably than Pennsylvania, but now it's leading the way. Backed by the Pennsylvania Habitat Alliance -- a coalition of conservation, sportsmen's, and land trust groups put together by Peimsylvania A and its partners- -the state game commission is allowing and urging hunters to shoot more deer, especially does. If the herd is reduced to carrying capacity, deer will be bigger and healthier. Ruined range that can't support deer now will be able to do so, and there will be far more habitat for other wildlife, including other game species. "The commission has finally seen the light," comments Pennsylvania Audubon's director, Cindy Dunn. "This is precedent- setting. We think Pennsylvania can become a national model, where the hunter's role changes from resource taker to provider of an environmental and ecological service." In Pennsylvania, where towns cancel school on opening day of deer season, animal - rights groups dare not show their faces. Here the hunters accomplish the groups' mission for them by promoting the "sacred doe syndrome," the notion that "Dammit, does make bucks" and "I never shot a doe, my pappy never shot a doe, and his pappy never shot a doe." Bucks are nice trophies, but you can't control deer by shooting them; they're polygamous. • Before the tireless, charismatic Gary Alt took charge of Pennsylvania's deer program in 1999, every biologist who tried to control the herd got canned. Deer were tearing up the woods as early as 1917, when the game commission director, Joseph Kalbfus, "thank[ed] God" that he would not be around in a decade because "someone is going to have hell to pay." In the September 1950 Pennsylvania Game News, commission deer biologist Roger Latham wrote about a man who was presented by a good fairy with a pile of gold and a cloth bag. The fairy warned him not to take too much because the bag would rip, and he'd have nothing. But, blinded by greed, he kept piling in the gold until the seams gave way and he "was left holding the bag." "Were the deer hunters satisfied when the deer population was doubled from 1913 to 1915," demanded Latham, "doubled again by 1921, again by 1924, again in 1927, and again and again until at its peak the herd was estimated to have increased five hundred fold? Has not the game commission warned for the past 20 years that the bag contained more gold than it could safely hold ?" He inquired if deer should be managed by "well- trained wildlife men or ... the whims, fancies, and selfish desires of the deer hunters themselves." Choosing whims, fancies, and selfish desires, the hunters had him fired. In the past two years Gary Alt has given 150 lectures. When he speaks, auditoriums overflow, and people watch video feeds from cafeterias and gyms. There is much shouting and cursing. Alt has become a master at cowing bullies. "Suicide," he called the job when it was offered to him; then he toured • the woods and got mad. "It just drove me to my knees," he recalls. "I couldn't believe it. I'm not talking about little pockets but thousands and thousands of http: / /magazine.audubon.org /incite /incite02O3.html 6/26/02 Audubon: Incite Page 7 of 8 square miles that have been devastated. Raising more deer than the land can support has been the biggest mistake in the history of wildlife management." • But the problem isn't just too many deer; it's also the skewed sex ratio. "We shoot 80 to 90 percent of our bucks every year," says Alt. "For good natural selection the biggest, strongest bucks should dominate breeding. A buck is in its prime at four to eight years. Hell, they're not even alive. Less than one in 100 makes it till his fourth year." Beginning in 2000 you could shoot two does in Pennsylvania, and in 2001 doe season ran concurrently with buck season instead of being offered later as a consolation prize. In each of the past two seasons hunters killed about 300,000 does, a decent beginning. With help from the Habitat Alliance, Alt has made fair progress in selling the need to kill more does. But it's a monumental challenge. The big concentrations of deer are in the deep woods, where few deer hunters venture; many hunters are convinced that the population is down, because they hunt near the roads. At Alt's lectures the Unified Sportsmen of Pennsylvania, which claims 60,000 members (with no supporting evidence), passes out such printed invective as, "Dr. Alt and the PA Game Commission have caved in to the environmental's [sic] community, who either oppose hunting, or don't want any deer." Spokesman and board member Charles Bolgiano blames Audubon, claiming, "Audubon is pushing this because it's their policy to promote flower and shrub growth." But other hunters think that a little flower and shrub growth is not all that ® unreasonable a goal, and that it's okay for them to do a little hoofing. Deer hunter and outdoor writer Ben Moyer has enjoyed the wildflowers in the hollows along the West Virginia border since he was a child. Each year there have been fewer. Two springs ago he was admiring about a dozen large white trilliums where there had been hundreds when a herd of deer appeared and consumed every one. Jim Seitz, president of the Pennsylvania Deer Association (a member of the Habitat Alliance), complains about hunters who want to "jump out of the car, walk 50 yards into the woods, and shoot a deer." Each year, Pennsylvania's 1.6 million deer destroy $70 million worth of crops and $75 million worth of trees. About 40,000 of them collide with motor vehicles annually, doing $80 million worth of damage. This isn't just a wildlife- management issue. "If we can bring our deer herd under control, it will have enormous impact all across America," Alt told me. "But if deer hunters don't seize the initiative here and elsewhere, society will do it for them." "How ?" I asked. "In a democracy, the majority rules. Less than 10 percent of the public are hunters. We're getting less popular every year, and our average age is 49. On the large landscape I think society will do exactly what it's doin g in urban - suburban areas - -hire sharpshooters. g g They'll et refrigerator trucks and sell • venison on the international market, pay for the whole damned thing." http: / /magazine.audubon.org /incite /incite0203.html 6/26/02 Audubon: Incite Page 8 of 8 Last August my friend Jenny got married at the Crane Estate on a day so fine I could see clouds of terns wheeling over striped bass and count every sail between the Merrimack River, 10 miles north, and Halibut Point, 10 miles east. In 1927 plumbing magnate Richard Crane built a 59 -room mansion here; you can rent it for special occasions. Under a bright moon I slipped away from the reception and walked through the part of the estate the trustees have "left to nature" by enlisting the help of hunters. There wasn't a shred of evidence that it had ever been an ecological slum. Lyme disease had convinced the neighbors that deer hunting wasn't cruel after all. So in 1985 the trustees were able to host their first public hunt. It has taken a few years, but now, with hunters assuming the role of wolves and cougars, the estate is a wildlife refuge in fact as well as name. Lyme disease is way down. The understory is lush and diverse. Dunes are secure. All manner of wildlife abounds. Deer, now healthy and strong, have been converted from pest to resource. TED WILLIAMS's environmental advocacy was inspired by hunting and fishing. © 2002 NASI e Sound off! Send a lett t o the editor about this piece. Enjoy Audubon on -line? Check out our print edition! • http: / /magazine.audubon.org /incite /incite02O3.html 6/26/02 a w a �y c 1 •y 5� ,:�i�. f �R • IN IN Fz Y �v t x k r w r� 'ham � . ���` � A .•� �r c p� Urban Area Wildlife Manager DNR North Metro Wildlife Office 5463 -C West Broadway Forest Lake, MN 55025 Contents About This Guide 2 Experimental Deer Management 29 Introduction 3 Fertility Control Agents 29 Regulatory and Permit Requirements for Biology of the White - Tailed Deer 6 Antifertility Research 29 Description and General Behavior 6 Antifertility Agents under Investigation 30 Habitat and Habits 6 Delivery Methods 30 Reproduction 7 Biological Carrying Capacity j Summary 32 Home Range and Movements 7 References 33 Mortality 8 Appendix A. Deer Damage Control Regulations Regarding White - Tailed Deer 9 Supplies and Materials 41 Deer Ecology and Management 10 Habitat Modification 41 Exclusion 41 Human Dimensions and Deer Management 11 Frightening Devices 44 Developing an Integrated Management Repellents 47 Strategy 13 Live Capture 50 Fertility Control 50 • Estimating Deer Population Size 14 Shooting Services 50 Management Techniques 15 Shooting Supplies 51 Nonlethal Management Options 15 Appendix B. Resource Contacts 52 Habit Modification 15 State Wildlife Agency Phone Numbers 52 Ban on Deer Feeding 15 Unpalatable Landscape Plants 16 Repellents 16 Supplemental Feeding 18 Fencing 18 Hazing and Frightening Techniques 21 Dogs as a Deterrent 21 Approaches for Minimizing Deer - Vehicle Collisions 22 Roadside Reflectors 22 Wildlife Warning Whistles 22 Warning Signs 23 Fencing 23 Vegetation Management, Speed Limits, and Public Awareness 24 Population Reduction Options 24 • Trap and Translocate 25 Trap and Euthanasia 26 Sharpshooting 26 Controlled Hunting 27 s Cornell Cooperative Extension Helping You Put Knowledge to Work This publication is issued to further Cooperative Extension work mandated by acts of Congress of May 8 and June 30, 1914. It was produced with the cooperation of the U.S. Department of Agriculture; Cornell Cooperative Extension; and College of Agriculture and Life Sciences, College of Human Ecology, and College of Veterinary Medicine at Cornell University. Cornell Cooperative Extension provides equal program and employment opportunities. D. Merrill Ewert, Director. Alternative formats of this publication are available on request to persons with disabilities who cannot use the printed format. For information call or write the Office of the Director, Cornell Cooperative Extension, 365 Roberts Hall, Ithaca, NY 14853 (607- 255 - 2237). Additional copies of this publication can be purchased from Cornell University, Media and Technology Services Resource Center, 7 Cornell Business & Technology Park, Ithaca, NY 14850. Phone: 607 255 - 2080. Fax: 607 255 - 9946. E - mail: resctr @cornell.edu A free catalog of Cornell Cooperative Extension publications and audiovisuals is available from the same address, or from any Cornell Cooperative Extension office. The catalog also can be accessed at: www.cce. cornell .edu /publications /caralog.hunl. This information is presented with the understanding that no product discrimination is intended and no endorsement of any product mentioned, or criticism of unnamed products, is implied. Produced by Media and Technology Services. @2000 www.mediasr Printed on recycled paper. �47IB245 406/1000 10 /00 5M SL MTS00055 I Reducing Deer Daynag e to .dome Gardens and Landscape Plantings *with revised repellent list Paul .D. Curtis, Cornell Cooperative Extension Milo E. Richinond, New York Cooperative Fish and Wildlife Research Unit Introduction Deer Feeding Habits Food Requirements Behavior and Social • Organization w The Prognosis Reducing Deer Damage to Ornamental and Introduction Garden Plots Fencing The past 30 years has been a period of major change in the relationship of man to the white — tailed deer. From the animal's Repellents point of view, they have made a remarkable recovery since the early 1900's, when there were perhaps no more than 500,000 Other measures p p , deer over their entire range in the United States. While Choice of virtually extirpated .in many areas early in this century, landscape whitetail numbers now exceed 15 million across the country Plantings Some states including New York, Pennsylvania, New Jersey, Florida, Ohio and Illinois, have seen dramatic population increases, particularly during the past 10 years. Every state east Selected of the Rocky Mountains has experienced a large increase in References herd size. • From man's point of view we often applaud this story of wildlife nonulation recovery. However. manv homeovmers increasingly view the situation with mixed feelings. g The downside of increased deer numbers is that damage to ornamental plants, gardens, and commercial crops has as increased greatly over the past two decades. Serious damage and economic losses have been associated with: (1) increasing deer abundance, (2) human population shifts to rural and suburban homes, (3) the natural conversion of abandoned firm land to deer habitat, (4) landowner decisions to prevent deer hunting, (5) restrictions on the use of firearms in suburban .regions and (6) enforcement of leash laws. These changes have been gradual, and even with foresight, it is unlikely that any government agency or organized group could have foreseen and altered the course of events that has brought this beauti_fal, adaptable species into direct confrontation with man. The purpose of this bulletin is to: (1) provide some background on the current dilemma, (2) suggest state of the art actions that a homeowner or landowner may take, and (3) offer information that will allow for informed decision — making as professional wildlife biologists attempt to custom —fit solutions to deer o damage problems in urban and suburban landscapes. Dees .Feeding Habits While deer are known to eat more than 500 different kinds of plants, they are often selective feeders that forage or browse on plants and plant parts with considerable discrinlinat.ion. This is particularly tnie when a variety of foods are available. However, when natLLral, preferred foods become scarce, there are relatively few species that deer will not eat. Whether or not a particular plant species or variety will be eaten depends upon the deer's nutritional needs, previous feeding experience, plant palatability, seasonal factors, and the availability of alternate foods. Deer develop predictable travel patterns, and prior damage is often a good indicator of potential future problems. Any new plantings added to an existing landscape or garden already suffering from deer damage will likely experience extreme browsing pressure. Deer also are known to feed • selectively on fertilized nlantings and in managed crops and gardens. 111 general, most damage occurs when winter snow cover reduces the availability of natural foods. However, in suburban settings with high deer numbers, year —round damage may be evident. In reality, the wide range of plants and plant parts eaten, their nighttime foraging habits, and their adaptability to a scan —made ecosystem (suburbia), all serve to make the white— tailed deer one of the most amloying and economically — significantproblem wildlife species in all of North America. Food Requirements The amount of food eaten daily by a deer depends upon the sex and body weight of the animal as well as the season. A buck rano in size from 125 lbs to 250 lbs requires 4,000 to6,000 calories, which can usually be obtained from 4 to 10 pounds of forage. A lactating doe requires 4,500 calories daily. As a general rule, deer consume about 3 percent of their body weight in forage each day. This may seem a small amount, but when taken as buds, leaves, tender shoots and flower parts, the impact on horticultural and garden plaints can be devastating. Behavior and Social Organization WIlite— tailed deer are polygamous, with a flexible harem arrangement during the late — autumn breeding season. At other times of the groups of 2 -7- animals are usually led by an adult doe. In late winter, this group may consist of one or more adult females and their offspring fi - om the past two breeding seasons. During spring and early summer, these groups disperse to some degree and become more secretive in behavior. This patter of dispersal and secretive behavior continues through the fawning period in May and June and persists until fall when deer seem to become bolder and more visible. • An imnortant consideration as a motorist is that deer seldom • travel alone, and seeing one cross the road at a distance should - indicate the need for caution because other deer are likely present. In fact, the behavior of individuals in the family group is so tied to the adult doe that others often cross the road in the face of oncoming traffic in an effort to be near the adult leader. State wildlife agencies have tried to alert motorists to the presence of frequently —used deer crossings, but now deer near many New York State roadways present a potential hazard from dusk until after dawn. Deer like squirrels, raccoons, rabbits and even the coyote, are quite adaptable and seem to thrive in suburbia with its mix. of woodlots, old fields, landscaped plants and gardens. Many have lost their fear of people and boldly browse on tulips, broccoli, hedgerows and ornamental shrubs. Deer quickly learn which areas have dogs and children and adjust their feeding schedule accordingly. Deer are capable of learning, and it is this particular characteristic of their behavior that is useful for applying some of the damage prevention techniques suggested later. The antler— rubbing behavior of males during fall is particularly damaging to small saplings or ornamental trees that are selected. Deer will nib both conifers and hardwoods, and "rub lines" tend to follow field edges along primary travel lanes. Trees and shrubs with stem diameters of about 6 inches or less are at risk from September through November. Special precautions should be taken to protect valuable, rare, or otherwise unique woody shrubs and trees. A buck marking his territory and rubbing the remaining velvet from his antlers chooses a sapling or shrub basest upon its size, shape and location rather than its nutritive value or palatability. Pa n Population Regulation Biologists with state wildlife management agencies have a comprehensive knowledge base for understanding natality, mortality and population growth for white— tailed deer. Age and sex ratios at harvest. coupled with knowledge of carrving • capacity of the habitat and estimates of overwintering populations, allow most states to reliably predict fall populations on at least a regional basis and often for areas as small as a township or deer management unit. Hunting has traditionally been used to keep local subpopulations in balance with their habitat. In many parts of the whitetail's range man is the only significant predator. Combining hunting take with estimates of deer — automobile collisions and natural losses, establishes the mortality rate for the herd. In many eastern states the breeding potential of the herd curretly xceds the mortality rate, resulting in increased deer numbers. Also, for a variety of reasons, we no longer hunt some herds and deer populations in those areas are expanding rapidly. At present practical methods for reducing deer numbers other than through hunter harvest are limited. Agency biologists, university researchers, and other interested parties are pushing hard for alternative management procedures that may prove useful in reducing populations in certain non— huntied parks and other protected areas. Foremost atno.ng the new options is ® an effort to regulate birth rates through inununo— contraceptive procedures. While this may be a partial solution in some areas, we are likely 8 to 10 years away from having field — applicable contraception for tree— ranging deer. Currently, the only relief for suburban homeowners will come from: (1) applying state — of —the —art damage abatement techniques, (2) learning to tolerate a certain level of deer damage, and finally selectively culling the herd. The Prognosis In the short term, the prevailing conditions are largely irreversible. Damage problems in suburban areas, particularly those having good quality deer habitat, are likely to intensify in the future. It is rather easy to predict that the elimination of hunting due to firearms restrictions, safety concerns, and changed landowner values will only intensify the conflicts between man and deer in many areas. In the longer view, • citizens in each affected region will have to face the challenge that then are now stalceholders in this issue and can no longer sit back and ask their state wildlife agency, local town, or county authorities to solve this problem without additional financial support for research and management. State wildlife agencies manage their deer herd to satisfy several interest groups. Landowners enjoy seeing some deer on their property in spite of the damage potential they bring. This observation coupled with the aesthetics and broad economic value of deer, argues that management of the herd through hunting, combined with a reasonable approach to damage abatement is a reasonable goal to attain. Several state agencies have developed and successfully used public — involvement procedures to manage a variety of wildlife populations including the white— tailed deer. However, the problem we now face in suburbia goes beyond the techniques, expertise, and authorized funding of most state agencies, and new approaches must now be considered. In the interim, landowners must work with wildlife management agencies to find acceptable long —term solutions. ® While new'techniques are being developed, state —of— the —art recommendations should be employed to limit deer damage around the home and in the garden. Reducing Deer Damage to Ornamental and Garden Plots Felz ch Where deer are abundant or crops - are especially valuable, fencing can be an effective means of reducing deer damage. While a variety of fence types may successfully deter deer, consideration should be given to the following: 1. Fencing as an absolute barrier can be achieved in one of nvo ways. The preferred approach is the construction of at least an 8— foot —high woven —wire fence that completely e encloses plants requiring protection. If deer must be kept out entirely, this is the only reliable method. Fences reaching 5, 6 or even 7 feet are useful deterrents. but do not always provide complete exclusion. The eight foot fence is expected to last 20 -30 years and costs S6 to S8 per foot to install. Details of construction, cost, materials needed, and design information can be found in publications listed in the tables at the end of this document. An alternative barrier that may be useful in certain circumstances consists of a smaller welded —were fence which includes a top so that the plants to be protected are completely enclosed. This procedure may be more economical for protecting bedding plants or specialty crops such as asparagus, broccoli or perennial flowers. This approach can also be combined with other fencing deterrents to save a particular plant or high —value crop. This smaller, complete exclosure can be cost— effective for very small garden plots or isolated plantings. Anyone who has made a significant financial commitment to the production of bedding plants, cut flowers, Christmas tree seedlings, or speciality crops of fruit or vegetables should seriously consider a woven —wire fence that is at least eight feet in height. While the initial cost is higher than that for other types of fencing, the commercial investment may only be ensured with absolute protection. Such a barrier may be practical for plots ranging from 25' x 25', up to 50 or more acres if absolute protection is warranted. A fines —mesh wire (i.e., one inch— hexagonal chicken wire or lx2 —inch - �velded— wire) can be added to the bottom to prevent other pests such as rabbits and woodchucks from e ntering the protected area. If raccoons are a problem, the addition of a single strand of electrified wire located 4 inches above ground around the outside peruneter of the fence will deter all except the most persistent animals. The placement of an absolute barrier need not be an eyesore if attention is given to details of construction, including proper setting of corner posts, a wide gate frame for easy access, and • addition of screening plants to landscape the fence. Small home — garden— sized plots may be made more accessible to • tillers and small tractors by permanent construction of three sides of the fence, leaving the fourth side to be covered by a portable, removable section. Such a portable fence can be built in framed sections small enough to remove by hand .if needed. The alternative barrier for small planting beds may be a much lower fence depending upon the crop needing protection. Plants started in seedbeds may be protected with a one— or two —foot high covered fence. A practical fence of this type can be constricted by installing two parallel fences far enough apart so that one can work comfortably in between, but close enough so that a wire top and ends can be fitted into place after planting. 2. Non — electric fences may be sufficient to keep deer out of an area if their density is not particularly high ( <10 m12) and a variety of natural foods are available. Several sizes of welded or mesh wire can be combined with additional single wires. For vegetable or flower gardeners who do not wish to lose • plants to deer or other wildlife pests, we recommend a 1/2— inch welded —wire fence three feet high, with the bottom edge buried 6 inches buried beneath the soil. This will deter rodents, rabbits, and woodchucks from entering the area. With an additional 3 wires spaced 1 1/2 feet apart above the welded wire, this design is a suitable exclosure but not an absolute barrier for deer. 3. Electric fences. Several types of electric fencing provide a less expensive, yet effective alternative to the complete barrier described earlier. The poly live —stock electrical fencni ag coated with butter can be effective for home gardens and small nurseries or truck crops up to 40 ac. This simple, temporary fence works best under light deer pressure duri a summer and fall. The poly —tape fence apparently attracts deer with its bright color and peanut butter odor. Deer make nose — to— fence contact when they approach, receiving a substantial shock and quickly learn to avoid such fenced areas. Polytape fences are portable, have a life expectancy of more than 1 years, and can be installed for $0.10 to 50.25 per foot. A • variation of this fence substitutes a suitable repellent such as HinderTM or Big Game ReoellentTM for peanut butter. and in O recent studies is shown to be even more effective at re P ell.ing deer. Certainly the combination of electronic shock with either attractants or malodorous repellents is more effective than electric fences alone. The vertical, high— tensile electric fence is a proven deterrent to deer and is effective in 6— or 7 —wire combination. Because deer choose to crawl under or step through a fence rather than jump over it, the spacing of the wire is critical. The bottom wire should be 10 inches above the ground with additional wires at 10— to 12 —inch spacing to be effective. This is a permanent fence with a 20 to 30 year lifespan. Materials include high— tensile, smooth steel wire (200,000 PSI, 12 1/2 gauge) with accessories to maintain up to 250 lbs. wire tension. A high— quality fence energizer that delivers a minimum of 5,000 volts at a max.i.munl pulse is essential. Installation and material costs range from $0.50 to $1.50 per foot. Costs are reduced by increasing the area to be fenced. • Identify any electric fence with warning signs placed at 100 foot intervals, with at least one sib on each fence border. For tips on construction consult a fencing contractor or references in this booklet. A modification of the vertical fence is the slanted 7 —wire electric fence which has proven effective for larger acreages. This fence is constructed in much the same way as the vertical fence but slants outward to present the deer with a more effective two — dimensional barrier. With all electric fences vegetation must be carefully controlled beneath the fence to avoid loss of power. The slanted fence requires more extensive vegetation control, and can be maintained with herbicide sprays or gas— powered weed trinuners. Another design consists of a 3 —wire combination of electrical fencing, deer repellent, and visual cue. This fence is economical, easy to build, and quite effective if maintained in good working order. Standard 7— or — 8 foot wooden or steel posts, with electrical wires placed 18, 36 or 54 inches above • ground, can be supplemented with 5— or 6 —inch strips of cotton cloth stapled to the wires at 10 —foot intervals. The cloth st1 ins • are then saturated with odor —based repellents (i.e. H.inderTM or Bing Game RepellentTM) and the wires are energized with at least 5,000 volts. Solar— powered charging units are available that will hold a charge for 24 hours even. on cloudy days. The addition of another electrcal wire 4 inches above ground will exclude most -woodchucks and raccoons, but not rabbits and mice. With electrical fencing of any design it is important to .remember that: 1. A quality energizer that delivers a minimum of 5,000 volts is a must. 2. High — tensile fences require strict adherence to construction CTuidelines (i.e., corner assembly, wire configurations and maintenance). I Cost of construction decreases with increasing size of the • plot to be fenced. Repellents Several deer repellents are available to the home gardener, and fimction either as taste or odor repellents. Most commercially— available repellents can be applied as a spray to ornamental shrubs and non — bearing fruit trees. Generally, repellents are only partially effective. There is nothing on the market that provides absolute protection. Repellents are most effective when applied on a regulaf 4 —wEek schedule, before serious damage has begun. They work best on. plants that are low on the deer's preference list, and especially when alternate natural foods are available. Recent studies indicate satisfactory protection of perennial flower beds and some vegetable gardens by alternating the use of more than one repellent. For example, thiram applied as a spray coupled with BGR M or Hinder -.m on a cotton rope around the perimeter of the flower bed has provided good protection 111 a number of recent trials. • Other useful combinations are still to be discovered as we seek • even better ways to s. rotect garden plantings. p � p � Deer Away®IBig Game Repellent® (37 % commercial putrescent egg solid) This material is primarily an. odor -based .repellent, and has been used extensively in western conifer plantations. It is reported to be > 85 ° o effective in field studies, and is registered for use on fruit trees prior to flowering, and ornamental and Christmas trees. Apply it to all susceptible new growth and leaders. Applications weather well and are effective for a minimum of 5 weeks with heavy feeding pressure by deer. A one - gallon liquid kit costs about $26 and covers 1.5 to 1.8, 4 -foot ornamental sl,Li or 100 -150 seedlings. Deer -Off Repellent Spray (3.1 % egg solids, 0.0006 % capsaicin, and 0.0006 % garlic ) . Deer -Off is a combination odor and taste -based product .registered for use on flowers, grass, bulbs, ornamental shrubs, edible crops, plants, seedlings and trees. Deer -off is available as a spray and should be applied to all leaves, steals and branches at the beginning of each season. Treatment must be repeated after heavy rains or as new growth emerges, and if the effects of the previous treatment appear to be wearing off. A one -pint kit of deer -off costs about $28.00, makes about 1 gallon of spray and treats up to 200 ornamental shrubs 4 feet in height, or approximately 2,000 square feet of plants depending on surface conditions and size of plantings. Hinder® (ammonium soaps of higher fatty acids, 13.8 %) This odor -based product is one of the few repellents registered for use on edible crops. Hinder can be applied directly to home gardens, ornamentals, annual and perennial flowers, and fruit trees until 1 week before harvest. Its effectiveness is usually limited to 2 to 4 weeks but varies because of weather and application technique. Reapplication may be necessary after heavy rains. Apply at temperatures above 40 °F. One gallon of liquid costs about $40. and when mixed with 100 gallons of • water will cover one acre. Hinder can also be painted full strength on the bark of trees to prevent rabbits from chewing the bark. Hinder is compatible for use with most pesticides. Miller's Hot Sauceg A-nimal Repellent (2.5 % capsaicin) This taste -based repellent is registered for use on ornamentals, fruit and nut trees, bushes, vines and hay bales stored in the field. Apply it with a backpack or trigger sprayer to all susceptible plant parts, such as leaders and young leaves. Do not apply to fruit - bearing plants after fruit set. Vegetable crops also can be protected if sprayed prior to the development of edible parts. Weatherability can be improved by adding an anti -transp irant such as Nu- Film -1 T -1 or Vapor Garda?`. Hot Sauce and Vapor Gard'(8, cost about $80 and $30 per gallon respectively. Eight ounces of Hot Sauce and 2 quarts of anti - transpirant mixed with .100 gallons of water will cover .1. acre. The IOx and 100x concentrations approved for ornamentals have effectively prevented both deer and elk damage to trees. • Nott's Chew -Not (20 % thiram) Thiram, a Rungicide that acts as a taste -based repellent, is registered for use on dormant trees and shrubs. A liquid formulation is sprayed or painted on individual trees. Although thiram itself does not weather well, adhesives such as Latex 202 -A0 or Vapor Gard can be added to the mixture to increase its resistance to weathering. Thiram -based repellents also protect trees against rabbit and vole damage. Two gallons of 42 percent thiram cost about $50 and when mixed with 100 gallons of water will cover 1 acre. Tree Guard (0.20 % dentonium benzoate) Tree Guard is a taste -based repellent registered for use on shrubs, ornamental plants, conifers Lund non - bearing deciduous trees. Tree Guard is available as a ready -to -use spray and costs about $40. One gallon will treat 16 to 20 global arborvitae 20- 24" high. This product is not intended for use on food or feed • crops. A recent Cornell University study .indicated that this material was not effective for nrotectmlg Javanese vews from ® deer damage during winter. Other Measures The usse of dogs as a fi - ightening device is another alternative that merits attention. A dog of sufficient size and temperament may be kept on a leash near the garden and allowed to stay outdoors overnight. A number of deer damage problems have been alleviated with a system. such as this. An alternative that has sho«-i great promise in recent experiments is the use of a dog contained by a buried electrical ( "i.nv.isible ") fence. Such an :invisible fence has great utility in keeping the dog at home, while simultaneously repelling deer from the property. More research is needed before we can recommend what breed of dog is most effective, and determile how much area one dog can protect. v Noise. - making devices {i.e., exploders, sirens, whistles, etc.) • . are not recommended for the home garden because of the disturbance to neighbors and lack of effectiveness. Deer readily acclimate to the noise and are little disturbed after a few days of exposure. Choice of Landscape Plantings Homeowners are often faced with the dual problem of preventing deer from damaging a vegetable garden ancl'or a few fruit trees while also ornamental shrubs, flowers, and trees. In the first instance, the choice of garden plants is dictated by the ow-alers desire for specific products, so little compromise is possible. With ornamental plants, however, the homeowner has some additional latitude in choice of species and variety, and may avert future problems and expenses by selecting landscape materials from a last of plants considered less desirable to deer. Publications describing the most - and .least- preferred food plants for deer are available. Such lists may vary somewhat across broad geoc- regions. but are generally reliable (Annendix A). This information can be useful both for selecting plants that are unlikely to be damaged by deer, and identifying those ornamentals that almost certainly will require protection from deer, even in areas where populations are low and feeding patterns are selective. Appendix A Resistance of woody and herbaceous plants to deer damage This list is included only as a guideline and was developed fi a variety of sources which may not all be equally reliable. Note that no plant is completely "deer- proof', particularly when deer densities are high. • Woody Ornamental Plants Rarely .Damaged by Deer American holly Common boxwood Colorado blue spruce Herbaceous Plants Rarely Damaged by Deer :'umuals and biennials Ageratum — Blanket flower Blue salvia Cleome Dahlia • Dusty miller ® Edging lobelia Forget -me -not Four O'clock Foxglove Heliotrope Marigold Morning glom Parsley Polka -dot plant Poppy Snapdragon Sweet alyssuin Sweet basil Thom apple Verbena Wax begonia Zonal geracdum Perennials American bittersweet Amsonia Anemones Angelica As tilbe • Avens S Baby's breath Balloon flower Barrenwort .Basket of -old Bishop's weed Bittersweet Beebalm Bergenia Bishop's weed Bleeding heart Boltonia Bugbane • Bugleweed Buttercup Butterfly bush Candytuft Catmint Christmas fern Cinnamon fern Cinquefoil Clematis Columbine Coreopsis Crown imperial Daffodil • Dead nettle Evening pc False indigo Feverfe %v Forget-me-not Garlic chives Gals plant Globe thistle Goatsbeard Goldenrod Hay - scented fern Heath • Heather Hellebore Hungarian speedwell Interrupted fern .Jack- in- the - pulpit Jacob's ladder Japanese pachysandra Joe -pye weed Knapweed Kirengeshoma Labrador violet Lamb's ear • Lavender • Lily -of- the - valley Lupine Lungwort IMint Mullein New York fern Oregano Ornamental onion Ostrich fern Oriental poppy Painted daisy Partridgeberry • Peimyroyal Perennial blue flax Plumbago Primrose i rose Purple coneflower Queen -of -the- prairie Rhubarb Ribbon grass Rosemary Royal fern Sage Scilia • Sensitive fern ® Shasta daisy Soapwort Spike. gayfeather S tatice Sundrops sweet Cicely Sweet William Sweet Woodniff Tansy Tiger lily Toadflas Turtlehead e Tussock bellflower Wisteria Wormwood Yarrow Yucca Woody Ornamental .Plants Seldom Severely Damaged by Deer Ainezican bittersweet Austrian pine Beaurybush Chinese holly Chinese junipers • Common lilac ® Common sassafras Corkscrew willow English hawthorn European beech European white birch Forsvthia Honey locust Ink Japanese flowering cherry Japanese Nvisteria Kousa dogwood Mountain laurel S Mugo pine No1w spruce Pitch pine Red osier dogwood Red pine Redvein enki.anthus Scots pine White spruce Woody Ornamental Plants Occasionally- Severely Damaged by Deer Allegheny servicebem • Anthony water spirea Basswood Border- forsythia Bradford callery pear Bridalwreath spirea Bush cinquefoil Carolina hemlock Carolina rhododendron Chestnut oak China girl /boy holly Climbing hydrangea Common horsechestnut Common pear • Common witchhazel Cranberry cotoneaster DaN \ redwood Deciduous azaleas Doublefle viburnum Douglas fir Downy serviceben Eastern hemlock Eastern red cedar Eastern white pine European larch Firethorn e Greenspire littleleaf linden ® Japanese cedar Japanese flowering quince Japanese .holly Japanese tree lilac Judd viburnum Koreanspice viburnum Late lilac Leatherleaf vibunum Northern red oak Oldfashion weigelia Panicled dogwood Panicled hydrangea • Paperbark maple Persian lilac Privet Red maple Rockspray cotoneaster Rosebay rhododendron Rose of Sharon RuLosa rose Saucer magnolia Silver maple Smokebush Smooth hydrangea • Staghorn sumac • Sugar maple Sweet cherry Sweet mock orange Trumpet creeper Virginia creeper 'White fir 'W -bite oak Willows Herbaceous Plants Occasionally Damaged by Deer Annuals and biennials Pansy Sunflower Perennials Coneflower Cranesbill geranium English ivy Iris Meadow rue Peony Sedum Wood hyacinth • S NN`oody Ornamental Plants Frequently Severely Damaged by .Deer American arborvitae Atlantic white cedar Apples Atlantic white cedar Balsam tit• Catawba rhododendron Cherries Clematis Coruelian dogwood English ivy English yew • Englishi'Japanese hybrid yew European mountain ash Evergreen azaleas Frazer fir Hybrid tea rose Japanese yew Norway maple Pinxte•bloom azalea Plums Rhododendrons 'Wintercreeper • • Herbaceous Plants Frequently Damaged by Deer Annuals and biennials Hollyhocks Impatiens Mexican sunflower Perennials Cardinal flower Crocus Davlily Hosta Rose S Tulips Selected References Baugher, T. A., S. M. Carcaterra, W. R.:Davidson, W. N. Grafton, T. R. NIcCo.nnell, A. W. Selders, C. E. Williams, and D. J. Workman. 1985. Deer control in home gardens- repellents. Coop. Ext. Ser,,. Publ. No. 807, West Vi.rg.inia Univ., Morgantown, WV. 2pp. Baugher, T. A., S. M. Carcaterra, W. R. Davidson, W. N. Grafton, T. R. McConnell, A. W. Selders, C. E. Williams, and D. J. Workman. 1985. An integrated approach to deer management. Coop. Ext. Serv. Publ. No. 809, West Virginia Univ., Morgantown, W - V. 2pp. • Baugher, T. A., S. NI. Carcaterra, W. R. Davidson, W. N. Grafton. T. R. McConnell. A. W. Selders. C. E. Williams. and D. J. Workman. 1985. Deer control in home gardens- fencing. Coop. Ext. Serv. Pub]. No. 811, West Virginia Univ., Morgantown, WV. 2pp. Bellis, E. D. and H. B. Graves. 1971. Collision of vehicles with deer studied on Pennsylvania interstate road section. Highway Res. News 42:13 -17. Boyer, D. A. and R. D. Brown. 1988. 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