Request for Proposals (RFP) Release Date: July 8, 2019

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Request for Proposals (RFP)

Release Date: July 8, 2019

Housing and Redevelopment Authority of the City of Saint Paul Housing Trust Fund Allocation for Community Land Trust Activity

Summary/introduction

The Housing and Redevelopment Authority of the City of Saint Paul (HRA) is accepting proposals from community land trusts, and real estate developers partnering with community land trusts, that will provide new opportunities for homeownership for low- and moderate-income households through the community land trust model.

Funds allocated to this activity will assist community land trusts and their developer partners with property acquisition, development gap financing for new construction or rehabilitation of properties, long-term affordability gap financing and closing cost assistance. High scoring proposals in the RFP process will minimize the use of subsidy and leverage HRA funds with non-HRA sources, commit to limit sale and resale of assisted units to households with incomes at or below 60 percent of area median, be completed by developers with a demonstrated record of housing production and land trust stewardship, and have progressive policies and practices for equity, neighborhood-level workforce development, and marketing.

Following award, the CLT or its developer partner will execute a Development Agreement and related documents (e.g., loan agreement) with the HRA. Compliance requirements, potentially including those applicable requirements contained in Attachment G to this RFP, will apply to the award.

All proposals and questions regarding proposals must be submitted through www.stpaulbids.com. No hard copy bids will be accepted.

Purpose and objectives

The HRA has identified the following goals for community land trust activity:

• Protect housing from increasing pressure on sales prices• Produce new affordable units

http://www.stpaulbids.com/

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• Rehabilitate aging housing stock • Build household and community wealth • Address the homeownership gap • Use HRA property as a catalyst for neighborhood transformation • Create job opportunities for local residents, Section 3 certified businesses, and minority-

owned, woman-owned, and small businesses • Inspire innovative, sustainable design and construction methods • Promote workforce, contracting, and housing equity • Ensure equitable distribution of resources and housing opportunities consistent with city

and neighborhood plans

General information and requirements

Minimum Requirements for Consideration

The Respondent must meet minimum criteria in order to have their proposals considered. These criteria (and general conditions) are addressed in the Guidelines for Housing Trust Fund Allocations Supporting Community Land Trusts (the “Guidelines”) included as Attachment A and in Part 1 of the RFP Application, and are further specified below:

1. Organizational Capacity: The Respondent must demonstrate that it has had the capacity to successfully complete projects of similar scope and size to those included in its proposal.

2. Financial Capacity and Leverage: For each project applied for, the Respondent must demonstrate that it has the ability to secure all funding sources identified on the Sources and Uses statement. The Respondent can demonstrate this ability using grant or loan agreements, commitment letters, financial statement(s), letter(s) of credit from a bank or other financial institution, or other written third-party documentation of sources.

HRA staff reviewing the proposals will determine whether the Respondent has the capacity to successfully complete all, some, or none of the proposed projects and units. Available Funding Sources

Funds for this activity are made available through the HRA’s Housing Trust Fund.

All funds will be offered as 0% interest deferred loans or grants, as determined by the HRA.

The HRA reserves the right to award all, none or some of the funds available and to reject one, some or all of the proposals received through this RFP.

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Tentative Timeline HRA staff anticipates the following timeline:

RFP Posted on www.stpaulbids.com Monday, July 8, 2019 Questions Due Thursday, July 18 by 3:00 p.m., Central Daylight Time

(CDT) RFP Responses Due Monday, July 29 by 3:00 p.m., CDT Board Action Tentative - Wednesday, September 25, 2019 Execute Development Agreement By Friday, February 28, 2020 Close on Sale of Property with Developer (if developing HRA-owned property)

No later than Friday, April 3, 2020

Completion of Projects Based on RFP response and agreement with HRA; tentative – no later than December 31, 2021

The HRA reserves the right to change the tentative timeline. Additional Information applicable to HRA-owned Property

Projects may be completed on properties currently owned by the HRA or by other sellers. The following information, in addition to all other information in this RFP, applies to HRA-owned property.

Assumption of Risk, Waiver, Covenant Not to Sue, Indemnity and Release of Liability

Anyone entering onto/into property owned by the HRA (including vacant lots and structures) must sign an Assumption of Risk, Waiver, Covenant Not to Sue, Indemnity and Release of Liability form. The form is included as Attachment E.

Conveyance and Loan Security

Following award, loan and conveyance documents will be executed as applicable.

Project Planning Assistance

The Developer is responsible for ordering any additional tests and/or updates required to meet HRA development guidelines and building code requirements.

When the HRA has performed demolition of a home on a now vacant lot, it is probable that the foundation of the previously constructed building was removed. When the HRA did not perform demolition, there is a risk to the Developer that a foundation is buried on the site. If unforeseen soil conditions or a buried foundation are discovered, the HRA will either work with the Developer to mitigate the conditions or the Developer may be released from obligation to

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develop the property. Expenses incurred outside the Development Agreement are not reimbursable. Zoning Code Considerations The following are Zoning Code citations that may be relevant to the development of nonconforming lots offered in the RFP. The City of Saint Paul offers no assurance that this is a comprehensive list of applicable citations. Determination as to applicability is the sole responsibility of the developer.

§62.103 – Nonconforming lots

In any district in which single-family dwelling are permitted, notwithstanding limitations imposed by other provisions of this code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board of zoning appeals.

…

§66.231 – Residential district dimensional standards

See Dimensional Standards Table in this section, which sets forth density and dimensional standards that are specific to residential districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.

§66.232 – Maximum lot coverage standards

In residential districts, principal buildings shall not cover more than thirty-five (35) percent of any zoning lot.

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§66.233 – Minimum building width

In residential districts, the building width on any side of one-family and two-family dwelling shall be at least twenty-two feet, not including entryways or other appurtenances that do not run the full length of the building.

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It is the responsibility of the developer to ensure that building plans meet any applicable zoning requirements. Any expenses related to zoning permits shall be borne by the developer and included in the development budget.

The City of Saint Paul zoning code can be accessed by using the following website address: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITVIIIZOCO_CH60ZOCOENPRDEZODIMAGE

Evaluation of Proposals

Scoring Criteria

Proposals will be scored using these evaluation criteria. EVALUATION CRITERIA POINTS Project Subsidy Request (per unit)1 <$50,000 30 $50,001 - $75,000 20 $75,001 - $100,000 10 >$100,000 0 Leverage Ratio Greater than 1:1 35 Between .75:1 and 1:1 25 Between .5:1 and .75:1 20 Between .25:1 and .5:1 15 Greater than 0:1 and less than .25:1 10 0:1 0 Contracting and Workforce Equity 35 Total Points 100 Bonus Points for developing HRA-owned Property 5 Explanation of Evaluation Criteria Affordability Affordability refers to the household income level to which sale and resale of the CLT unit is restricted or targeted and the nature of the restriction or targeting (e.g., whether it is completed through the ground lease and whether it applies at sale, resale, or both, and the extent to which restrictions and targeting differ among projects in the proposal).

1 Add 5 points to each category for new construction proposals.

https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITVIIIZOCO_CH60ZOCOENPRDEZODIMAGE

https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITVIIIZOCO_CH60ZOCOENPRDEZODIMAGE

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Project Subsidy Request Level of subsidy request is the total amount requested from the Housing Trust Fund, per unit. (15 points) Leverage Ratio Leverage Ratio refers to the amount of permanent subsidy provided by sources other than City Funds relative to the amount of permanent subsidy provided by City Funds. City Funds are dollars originating from the City of Saint Paul or other federal and state funds. Some examples include: Capital Investment Bonds (CIB), U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG), Federal Low Income Housing Tax Credits (LIHTC), Housing Redevelopment Authority (HRA), Home Investment Partnership Program (HOME), Metropolitan Council funding programs, multi-family Housing Revenue Bonds, Sales Tax Revitalization (STAR), Tax Increment Financing (TIF), and any combination of loans, grants, and land write-down or other funding vehicles. Equity The City of Saint Paul recognizes that a healthy economy is vital to making Saint Paul the most livable city in America. A healthy economy is one where all residents, regardless of race, gender, disability, or socioeconomic background, have an equitable opportunity to win contracts, secure job opportunities, and find affordable housing in the City. Through its equity criteria the HRA seeks to award points to developers who demonstrate credible, concrete plans to foster equitable economic opportunity to persons in and around the City of Saint Paul. To understand what resources are available to assist developers in achieving equity goals and scoring points on the equity section, developers may consult, as a starting point, the City of Saint Paul’s Community Partners webpage at: https://www.stpaul.gov/departments/human-rights-equal-economic-opportunity/contract-compliance-business-development-2. Contracting Equity

A. Proposals will be awarded points for including written documentation of a commitment to create and maintain active developer mentoring partnerships to Section 3 residents. (5 points)

B. Proposals will be awarded points for including a commitment and plan to work with business development agencies that focus on serving local Section 3, Central Certification Program (CERT)-certified, Targeted Group Business (TGB), and/or Disadvantaged Business Enterprise (DBE) contractors, to recruit contractors for the project. Written evidence of working relationship required. Several community partners are listed on the City of Saint Paul’s website at: https:///www.stpaul.gov/departments/human-rights-equal-economic-opportunity/contract-compliance-business-development-2 (5 points)

https://www.stpaul.gov/departments/human-rights-equal-economic-opportunity/contract-compliance-business-development-2




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C. Proposals will be awarded points for providing a plan to award at least 25% of all contracting dollars on the project to eligible Section 3 certified contractors. A list of certified Section 3 contractors is available at https://information.stpaul.gov/City-Administration/HUD-Section-3-Business-List/kz7x-sbhg/data. (5 points)

D. Proposals will be awarded points for providing written evidence that the Developer or the general contractor fulfills at least one of the following requirements: Is owned by a Section 3 resident, or Is certified by Hennepin County, Ramsey County, or the City of Saint Paul as a Section 3

and/or CERT Business. (5 points) Workforce Equity

A. Proposals will be awarded points for including a commitment and plan to actively recruit workers from training programs that provide career pathways to Section 3 residents. (5 points)

B. Proposals will be awarded points for recruiting workers from neighborhoods that encompass or are adjacent to the location of the project. (5 points)

C. Proposals will be awarded points for using a business model that provides supportive services to Section 3 residents and contractors.. (4 points)

D. Provide transportation or other assistance to help low-income workers get to the site. (1 point)

NOTE: Regardless of the score that an applicant is awarded for an individual project proposal, the applicant may be disqualified from the competition for a project if evidence of unethical or irresponsible conduct by the applicant is discovered in the Business Application, Project Application, or elsewhere.

https://information.stpaul.gov/City-Administration/HUD-Section-3-Business-List/kz7x-sbhg/data

https://information.stpaul.gov/City-Administration/HUD-Section-3-Business-List/kz7x-sbhg/data

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Attachments

A. Guidelines for Housing Trust Fund Allocations Supporting Community Land Trusts B. Business Application C. Disclosure Affidavit D. Project Application(s) E. Assumption of Risk, Waiver, Covenant Not to Sue, Indemnity and Release of Liability F. Sources and Uses statement(s) G. Compliance requirements

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Submittal Requirements and Checklist

Respondents must adhere to the submission requirements. Failure to comply with the instructions of this RFP may be cause for rejection of the proposal. The HRA reserves the right to seek additional information to clarify responses to this RFP and to reject any or all submittals it deems nonresponsive or incomplete.

Each response must include the following:

□ Part 1 - Business Application. Provide one Business Application per proposal (not per address). (Attachment B) □ CLT Ground Lease □ Other attachments requested in Part 1 – Business Application □ Disclosure Affidavit (Attachment C) □ If proposing development on HRA-owned property: Assumption of Risk, Waiver,

Covenant Not to Sue, Indemnity and Release of Liability (Attachment E)

□ Part 2 - Project Application. (Attachment D) □ Sources and uses statements. (Attachment F). Include one sources and uses statement

per property. □ Evidence of financing consistent with sources and uses statements. □ If new construction: Conceptual drawings (draft form is acceptable)

□ Site plan indicating any proposed changes and siting of structures, as applicable □ Typical floor plans showing floor area totals, room purpose and layout □ Elevations identifying building materials (notations may be made on an existing

image so long as the end result is clear)

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Attachment A GUIDELINES FOR HOUSING TRUST FUND ALLOCATIONS SUPPORTING COMMUNITY LAND

TRUSTS

5/14/2019

Guidelines for Housing Trust Fund Allocations Supporting Community Land Trusts

The City of Saint Paul supports the building and preservation of family and community wealth through the Community Land Trust (CLT) model. It proposes financial support for addition of CLT units via its Housing Trust Fund (HTF) on the following terms:

Use of funds

Funds may be used to cover all or a portion of:

o Closing Cost Assistance: The homebuyer’s settlement charges (i.e., closing costs),provided in the form of a grant.

o Long-Term Affordability Gap: The difference between the amount of first- andsubordinate mortgage financing a homebuyer household can afford and the sale price ofthe property, perpetually invested in the property via a 99-year ground lease. In CLTprojects, the sale price must be equivalent to the fee simple market value of the landand improvements combined, which likely exceeds the homebuyer’s purchase price forimprovements noted in the ground lease.

o Development Subsidy: Total development costs plus acquisition costs minus the saleprice of the property. In CLT projects, the sale price must be equivalent to the fee simplemarket value of the land and improvements combined, which likely exceeds thehomebuyer’s purchase price for improvements noted in the ground lease.

o Property acquisition by the CLT, provided in the form of an interim loan either due onsale of the home to a homebuyer or converted to Long-Term Affordability Gap Subsidyor Development Subsidy.

• Costs covered by HTF resources must not be covered by any other source.• Use of leveraged resources is strongly encouraged.• Priority will be given to projects serving households with incomes under 60 percent of area

median income (AMI).

Eligible recipients and general conditions

• An eligible recipient may be either a CLT or another developer working in partnership with aCLT, provided the CLT ultimately takes ownership of the land.

• A Community Land Trust (CLT) must:o Be a nonprofit organization or a program of a nonprofit organization.o Demonstrate capacity to operate a community land trust long term, either individually

or through partnership with other existing land trusts with demonstrated long-termcapacity.

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o Comply with all applicable laws and regulations governing community land trusts inMinnesota.

o Demonstrate commitment to the City of Saint Paul’s equity goals.• Sale and resale of assisted units must be limited via a ground lease to low-income households,

meaning those households with incomes not exceeding 80 percent AMI, as determined by theU.S. Department of Housing and Urban Development (HUD).

• In addition, sale and resale of assisted units must be limited via a ground lease or by othermeans to households with incomes at the time of initial occupancy not exceeding 60 percent ofarea median income (AMI), as determined by the U.S. Department of Housing and UrbanDevelopment (HUD), except that a CLT may sell or allow resale of an assisted unit to a householdwith an income of up to 80 percent of AMI if the assisted unit would not be affordable to ahousehold at 60 percent AMI as evidenced by a projected housing ratio in excess of 30 percentor, if after a good faith effort to market the property to households with incomes not exceeding60 percent AMI for at least 60 days, no willing and qualified buyers can be found.

• All of a CLT’s policies and procedures, including policies and procedures for selecting prospectivehomebuyers, marketing units and programs, setting resale formulas and ground leaseconditions, must be in compliance with all applicable federal, state and local laws, regulationsand ordinances and are subject to review and approval by PED staff. PED staff reviews only forcompliance with its own guidelines and for determining appropriate conditions for an award offunds and does not provide legal advice.

Eligible households

• Homebuyer households must have incomes not exceeding the lower of the CLT’s income limitsor the HTF income limits noted in “Eligible recipients and general conditions,” above.

• At the time of initial occupancy, homebuyer households must have housing ratios greater thanor equal to 25 percent. That is, they must spend no less than 25 percent of their gross householdincome on the following housing expenses associated with the assisted unit:

o First and subordinate mortgage principal and interest.o Property taxes.o Homeowners’ and mortgage insurance.o Association dues.o CLT ground lease fees.

Saint Paul PED staff may in its sole discretion waive this requirement in cases where a homebuyer household’s housing ratio is less than 25 percent and:

o The household is maximizing the amount of first-mortgage financing available to it, oro Additional assistance is needed based on a residual income analysis approved by PED

staff, oro In cases where the CLT is also using MHFA Impact Fund resources, where allowed by

MHFA, or

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o The amount of incremental subsidy does not exceed $3,000 and results in a first-mortgage loan-to-value ratio sufficient to preempt a mortgage insurance requirementwhere it would have otherwise applied.

• A member of the homebuyer household must commit to occupy and maintain an ownershipinterest in the unit after acquiring the unit, but no member of the homebuyer household mayhave had an ownership interest in the unit at any time prior to acquisition.

• Homebuyer households must have net assets of no more than $10,000 at the time of initialoccupancy, excluding vehicles, equity in the unit, furnishings, clothing, any assets used in abusiness, $20,000 in college savings account balances and $30,000 in retirement accountbalances.

• Homebuyer households must not receive or expect to receive gift funds in excess of $10,000 toassist in the purchase of the home.

• At least one homebuyer must, prior to purchase, complete homebuyer education or counseling,or financial education or counseling, from a member of the Minnesota Homeownership Center’sHomeownership Advisors Network.

Coordination with Other HRA Downpayment Assistance (DPA)

PED is working toward establishing a broader DPA program to be funded in part by a separate HTF allocation, and in part by funds to be requested by PED or the Saint Paul HRA from the Minnesota Housing Finance Agency (MHFA) Impact Fund. Combination of resources dedicated for CLT activity and those dedicated for DPA activity in the same units is not allowed.

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Attachment B PART 1

BUSINESS APPLICATION Respondent’s Certification

The information contained herein is true and correct to the best of my/our knowledge and belief.

Signature Title Date


CLT Partner’s Statement

I/we have received copies of all application materials and the Respondent has my/our consent to submit this application.



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1. Respondent (Business/Developer) Name: _________________________________________ Address: ________________________________________________________________ Telephone: ____________________________ Contact: ________________________________________________________________ E-Mail Address: __________________________________________________________ Federal Tax ID number: ________________________________________ 2. List individuals having an interest of ten percent (10%) or more in the business. Name Title Description of

Interest Percentage of Interest

3. The business was established on _______________,________, organized or operating under

the laws of the state of _____________________, as: ______ A corporation ______ A limited liability company ______ A non-profit or charitable institution or corporation ______ A partnership known as ________________________________________ ______ A business association or a joint venture known as __________________

4. Number of years in business: _____________ 5. List the members of the development team and consultants. Insert additional pages as

necessary (attach resumes or qualifications of all members of the development team)

Name Title Firm Role

6. The Respondent is a certified as a (check all that apply):

a. Community Housing Development Organization (CHDO ) ________ b. Community-Based Development Organization (CBDO) ________ c. Section 3 organization ________ d. CERT Certified business (check all that apply) ____MBE _____WBE ____SBE

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7. Is the Respondent a community land trust (CLT), or a nonprofit organization with a

community land trust program? _____ Yes _____ No If Yes, skip to the next question. If No, identify the community land trust partner: Partner (CLT) Name: __________________________________________ Address: ________________________________________________________________ Telephone: ____________________________ Contact: ________________________________________________________________ E-Mail Address: __________________________________________________________ Federal Tax ID number: ________________________________________ The CLT partner is certified as a (check all that apply):

a. Community Housing Development Organization (CHDO) ________ b. Community-Based Development Organization (CBDO) ________ c. Section 3 organization ________ d. CERT Certified business (check all that apply) ____MBE _____WBE ____SBE

8. Attach a copy of the CLT’s ground lease. 9. On a separate page or pages, please provide the following information (limit to 10 pages or

fewer): a. Description of the Respondent’s and CLT partner’s (if any) real estate development

experience. b. List of similar projects completed by the Respondent and CLT partner, if any, within

the last five years, whether separately or in partnership. c. Description of the partnership(s), if activity is to be undertaken by more than one

entity (at least one of which must be a CLT) d. A narrative overview of the financial structure of the proposal. Identify the sources

of investment and the sources and terms of lender financing. Additional material may be requested if necessary. Attach evidence of financing consistent with sources and uses statements.

e. Description of the CLT’s capacity to operate a community land trust long term. Include:

i. Number of CLT units currently in trust, and the dates over which these units were added to the trust.

ii. Number of CLT units currently in trust in St. Paul. iii. Long-term plans, including financial plans, for stewardship of land trust units.

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iv. Succession planning efforts undertaken and planned. f. Description of strategy for achieving the Equity Scoring Criteria; give details about

how interest will be solicited from local residents or contractors, creativity to this approach is encouraged.

g. Additional comments.

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Attachment C DISCLOSURE AFFIDAVIT

1. PRINCIPAL INFORMATION This affidavit must be completed by an authorized person or persons on behalf of the business or non-profit entity (“Business”/”Respondent”) submitting the proposal.

If the Business is a for-profit, investors, officers, and principal members having an interest of ten (10%) or more of the corporation must submit individual copies of this affidavit. If the Business is a non-profit, the executive director must provide an individual submission.

Business Name Business Address Individual Name Phone Number Email Address 2. PRINCIPAL DISCLOSURES Check the boxes below regarding each individual and/or business listed above. For each item listed below answered in the affirmative, please provide a full explanation including, as appropriate, (1) date, (2) charge or claim, (3) place, (4) court and case number, (5) current status of case, and (6) outcome of case. Attach documentation as necessary.

a. Business/Individual is a party in a pending lawsuit. __YES __NO

b. Business /Individual is the subject of a judgment or has a conviction or pending case for criminal or civil fraud or bribery. __YES __NO

c. Business /Individual has a conviction or pending case for arson. __YES __NO

d. Business /Individual has been indicted for or convicted of any felony within the past 10 years. __YES __NO

e. Business /Individual has been a debtor in a bankruptcy proceeding, either voluntary or involuntary, within the past 10 years. _YES __NO

f. Business /Individual has unpaid delinquent taxes, municipal liens, and/or outstanding civil money judgments. __YES __NO

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g. Business /Individual has been declared in default of a loan or failed to complete a development project. __YES __NO

h. Is the Business in good standing with the Minnesota Office of the Secretary of State? __YES __NO

i. Is the Business /Individual subject to any defaults, liens, or judgments? __YES __NO

j. Has the Business /Individual failed to complete or currently in violation of a development agreement or other agreement involving the City of Saint Paul or the Housing and Redevelopment Authority of the City of Saint Paul? __YES __NO

k. Has the Business /Individual previously been involved in a lawsuit with the City of Saint Paul or the Housing and Redevelopment Authority of the City of Saint Paul? __YES __NO

l. Does the Business /Individual own property that is currently subject to multiple housing code violations or prompted three or more police calls within the last year? __YES __NO

m. Has the Business /Individual failed to obtain a required permit for work performed in the City of Saint Paul? __YES __NO

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Statement of Non-Collusion

The Individual signing this affidavit, on his/her own behalf or on the Business’s behalf, as applicable, swears or affirms that:

1. He or she is fully informed respecting the preparation and contents of the subject proposal. 2. The proposal is genuine and is not a collusive or sham offer, nor does the

Business/Individual, as applicable, intend to hold said property as a “speculative” investment.

3. The price or prices quoted in this offer are fair and proper and this Business/Individual or any of its officers, partners, agents, representatives, owners, or employees, as applicable, has not in any manner sought to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City, or any person interested in the proposed contract and/or redevelopment.

I swear or affirm, on my own behalf or on the Business’s behalf, as applicable, that the information contained in this Disclosure Affidavit is true and correct to the best of my/our knowledge and belief. I further acknowledge that the statements made in this Disclosure Affidavit are material and will be relied upon by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, in determining what action to take on this proposal.


STATE OF ____________ ) ) ss. COUNTY OF ____________ )

The foregoing instrument was acknowledged before me this ______ day of _________,

2016, by _____________________________, (individually) (on behalf of

__________________________________).

____________________________________

Notary Public

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Attachment D PART 2

PROJECT APPLICATION

Respondent:_________________________________________________

CLT Partner (if other than Respondent): ____________________________________________

Respondent’s Certification

The information contained herein is true and correct to the best of my/our knowledge and belief.



CLT Partner’s Statement

I/we have received copies of all application materials and the Respondent has my/our consent to submit this application.



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1. Proposed type of project and number of homeownership units:

___ Homebuyer Initiated Program (Number of units proposed to complete: ______)

___ Respondent/CLT-Initiated New Construction (# units: ______)

___ Respondent/CLT-Initiated Acquisition, Rehabilitation and Resale (# units: ______)

2. Describe each type of project indicated above. Describe the scope of work or plans, timeline and project sequencing. (Attach additional pages if necessary.) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

3. Describe how you selected or how you will select each property. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

4. Is any project to occur on property owned by the Saint Paul HRA? If yes, provide addresses. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

5. How will the CLT ensure income limits are met upon sale and resale?___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

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6. What is the total amount of Housing Trust Fund assistance requested, for all projects listedin question #1, above? Must not exceed $500,000.00.

$____________________________

7. Submit a sources and uses statement for each unit listed in question #1, above. (Forexample, if proposing five HIP units, include five sources and uses statements, even ifidentical to each other.)

8. Describe how you arrived at the estimates of costs and values shown in the sources anduses statements.__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. Will any of your projects have a rental component – for example, will they involve duplexesor accessory dwelling units? If so, please describe:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

10. Additional Comments (attach additional sheets if necessary):____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Attach additional sheets if more space is needed to answer any of the questions above.

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Attachment E ASSUMPTION OF RISK, WAIVER, COVENANT NOT TO SUE, INDEMNITY AND RELEASE OF LIABILITY

Street address of _____________________ Saint Paul, MN (“Real Property”) In consideration of being allowed to enter onto the Real Property for viewing and/or soil testing

that is owned by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (“HRA”) or the City of Saint Paul, the undersigned:

1. Acknowledges and fully understands that entry onto the Real Property involves a risk of injury toperson and property, and that there may be other risks not known or not reasonably foreseeable at this time.

2. Acknowledges that it is the undersigned’s sole responsibility to be properly insured and/or pay allmedical costs, expenses and damages of any kind in the event of an injury or damage to person or property and to ensure its customers, contractors, subcontractors, agents, invitees and/or employees are also insured and/or will pay all medical costs, expenses and damages of any kind in the event of an injury or damage to person or property, and that evidence of such insurance will be given to the HRA upon the execution of this document with such limits and coverages as the HRA agrees to.

3. Assumes all the foregoing risks and accepts full and sole responsibility for the damages followingsuch injury, whether caused by the undersigned, its customers, contractors, subcontractors, agents, invitees and/or employees.

4. Releases, waives, discharges and covenants not to sue the City of Saint Paul, Minnesota, and theHRA, and their respective representatives, officials, attorneys and employees (collectively the “Releasees”) from all liability, claims, demands, losses and damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the Releasees arising from or related to the entry upon and use of the Real Property by the undersigned and its customers, contractors, subcontractors, agents, invitees and employees.

5. Agrees to indemnify, defend and hold harmless the Releasees from any loss, liability and damagesincluding attorney’s fees that they may incur due to third person claims arising from or related to the entry upon and use of the Real Property by the undersigned and its customers, contractors, subcontractors, agents, invitees and employees and to provide liability and property insurance to cover this obligation with such limits and coverages as the HRA agrees to.

6. Agrees to repair at the undersigned’s sole expense any damage caused to the Real Property by theundersigned and its customers, contractors, subcontractors, agents, invitees and employees.

7. Agrees that the HRA may revoke this entry and use in its sole discretion at any time.

8. A facsimile or electronic signature on this document is as effective as an original signature.

The undersigned has read the above document, and understands that substantial legal rightsare given up by signing it and does sign it voluntarily.

_____________________________ __________________________ Date:_____, 20___ (Print name and address) Signature

Approval to enter upon Real Property given by ___________________________Date:_____, 20___ (HRA Project Manager)

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Attachment F SOURCES AND USES STATEMENTS

See Attachment F in Excel format.

Attachment G Housing Trust Fund Community Land Trust Activity Compliance

Requirements

Insurance Requirements for Developers of HRA-Owned Property 2

B2GNow/LCP Tracker: Contract Compliance Monitoring System 4

Vendor Outreach Program 5

Affirmative Action 21

Sustainable Building Policy 34

Sustainability Initiative 37

Vicinity Hiring Policy 39

Two Bid Policy 40

Limited English Proficiency 44

Living Wage 45

Project Labor Agreement 47

INSURANCE REQUIREMENTS FOR DEVELOPERS OF HRA-OWNED PROPERTY Developers/Contractors must provide a Certificate of Insurance from their insurance carrier, certifying the Developer/Contractor firm has insurance in force with at least the following types and minimum amounts of coverage. The certificate must be endorsed to provide that the policies will not be cancelled or changed until 30 days after written notice has been delivered to the HRA. The HRA must be named as additional insured on the certificate, using the following language:

Saint Paul Housing and Redevelopment Authority c/o Inspiring Communities 25 West 4th Street, Ste. 1100 Saint Paul, MN 55102

A. The Contractor:The Developer/Contractor shall furnish the HRA with Certificates of Insurance evidencing compliancewith this Section, which certificates shall become part of this Agreement. The Developer/Contractorshall be required to carry insurance with at least the following types and minimum amounts of coverage.

The Developer/Contractor shall furnish a Certificate of Insurance showing same to be in effect beforeproceeding with the work. The HRA shall not be obligated to honor payment requests at any time whenthe coverages required by this Agreement are not in force.

Per occurrence or aggregate limits can be met through purchase of an umbrella or excess policy.

B. Comprehensive General Liability in the amount $1,500,000 per occurrence, $2,000,000 aggregate.General Liability insurance must be written to include owner’s contingent or protective liabilitycoverage. Minimum coverage shall include the following:

$1,500,000.00 Each Occurrence $2,000,000.00 Aggregate Limit

General liability shall provide all of the following additional coverages: a. Products/Completed Operationsb. Personal and Advertising Injury Liabilities (Perils A, B, C)

C. Automobile Liability, including Owned, Hired & Non-Owned Combined single limit.a. Bodily Injury (Per Person) $100,000.00b. Bodily Injury (Per Accident) $300,000.00c. Property Damage $100,000.00

Or d. Combined Single Limit (CSL) $1,000,000.00

D. Workers’ Compensation including Employer’s Liability:a. Worker’s Compensation per Minnesota Statutesb. Employer’s Liability:

$500,000 each accident $500,000 each employee $500,000 each disease

E. Notice of Cancellation: Each insurance policy shall contain a provision requiring ten (10) days writtennotice of cancellation or change of the policy to the HRA.

F. Additional Insureds on General Liability and Automobile Insurance: The HRA and City of St. Paul mustbe named as additional insureds on General Liability and Automobile insurance policies. All Certificatesof Insurance shall contain a statement that “each coverage afforded to the St. Paul HRA and the City ofSaint Paul as an additional insured under this policy expressly includes the duty to defend and the duty toindemnify.”

The HRA’s and City’s address is:St. Paul HRA / City of St. Paulc/o Inspiring Communities25 West 4th Street, Ste. 1100St. Paul, MN 55102

G. Builder’s Risk Insurance is not required of the Developer/Contractor; Insurance forDeveloper/Contractor’s equipment and materials is required.The HRA will carry fire and extended coverage insurance (Builder’s Risk) on the property. It is theresponsibility of the Developer/Contractor however to carry insurance to cover tools, equipment ormaterials stored in or on the property and owned by the Contractor. The Developer/Contractor is alsorequired to carry insurance at contractor’s expense to cover materials, products, etc. delivered to theproperty but not yet installed.

B2Gnow/LCPtracker CONTRACT COMPLIANCE MONITORING SYSTEM

September 2009

In an effort to assist contractors in their compliance with legal and contractual requirements, the City of Saint Paul (“City”) and the Housing and Redevelopment Authority (“HRA”) has instituted an online contract compliance monitoring system. The system was designed to help reduce the contractor’s administrative costs and to provide various work-flow automation features that improve the project reporting process, as well as to assist the City in more efficient monitoring of data provided.

The prime contractor and all participating subcontractors awarded contracts as a result of this bid process are to be aware that they may be required to use the secure web-based system to submit project information, including, but not limited to, monthly progress payment reports including payrolls and other data including Vendor Outreach goals if applicable. The City and the HRA may also require additional information related to the contract to be provided electronically through the system at any time, before, during or after the contract is finalized.

The Contract Compliance Monitoring Software is B2Gnow/LCPtracker and has been designed to streamline the reporting process, reduce or eliminate paperwork, and assist contractors and subcontractors in complying with the program’s reporting requirements. Using this software has been shown to reduce the amount of time currently required to submit hard copy documentation and is provided for use by contractors and subcontractors at no cost.

Procedural differences between the previous conventional reporting and the web-based system include: • Progress payment status reports will be submitted via the web-based system.• Paper copies will no longer be required.• Contractors will be required to enter data for payments made to subcontractors and

subcontractors will be required to enter data for payments received into the web-based system.Information regarding accessing the system will be provided to the contractor’s designatedpoint of contact during the pre-construction conference. The prime contractor and allsubcontractors are responsible for responding by any noted due date to any instructions orrequests for information and for checking the B2Gnow/LCPtracker system on a regular basis tomanage contact information and contract records.

The prime contractor will be responsible for ensuring all subcontractors have completed all requested items and that their contact information is accurate and up-to-date. Training sessions on the web-based compliance monitoring system will be available for Contractors and assistance will be given by City and HRA staff as needed.

How to Access the Current CERT Directory

1. Visit www.cert.smwbe.com , click on “Central CERT Directory” button in the left column in the“Vendor Certification” section.

2. In the pop-up window, you can search for things like business name, description, commoditycode and location. For example, search for a cleaning company by entering “clean” in thebusiness description field.

3. Once you have entered your search fields, scroll to the bottom and click the “Search” button.(You can also download the entire business directory.)

4. To download your results, click the “Download Search Results” button (or “Download EntireDirectory”), then scroll down and click “I’m not a robot” and complete the CAPTCHA.

5. Check the “Include Commodity Codes in download” box. Click “Download to Excel” or“Download to CSV” button.

6. Save file to a location on your computer that you can find, and then open the file to search forbusinesses.

For further assistance finding CERT certified vendors for a certain scope of work, contact a CERT specialist at 651-266-8900 or [email protected].

http://www.cert.smwbe.com/

mailto:[email protected]

Saint Paul Department of Human Rights and Equal Economic OpportunityIDENTIFICATION OF PRIME CONTRACTOR AND SUBCONTRACTORS (INCLUDING MATERIAL SUPPLIERS)

Date________________

Submit completed form to: Contract Compliance & Business Development15 West Kellogg Blvd, Room 280 Phone: 651-266-8900Saint Paul, MN 55102-1681 Email: [email protected]

Project: Event #: Est. Construction Cost:if applicable

CERT M/W/S/BE

Vendor

Section 3 Certified Vendor

supplier only

(no labor)

Estimated Start Date

Estimated End Date Contract Amount

PRIME:

SUBS: 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Section 3 Total Business Opportunity (VOP) $0.00

Construction Subcontracts Non-Construction Subcontracts MBE #DIV/0! % $

Total PSA awards WBE #DIV/0! % $

$0 Goal - PSA 3% 0 SBE #DIV/0! % $

$0 Awards to Sec 3 Subs Total MBE, WBE, SBE contract $ $0$0 Percentage to Sec 3 #DIV/0!

Total Work by Sec 3 (GC & Subs) VOP Subcontract Percentage #DIV/0!

#DIV/0! Total % by Sec 3 #DIV/0! Overall VOP Contract Percentage #DIV/0!

Awards to Sec 3 Subs

Percentage to Sec 3

Goal - Labor 10%

Name, Address, Contact Person, Email and Phone Number Nature (Scope) of Work

Please identify all subcontractors (including material suppliers) you intend to utilize on this project. Use "supplier only" column to identify suppliers. Identify Certified Minority Owned, Women Owned, Small, and Section 3 businesses with MBE, WBE, SBE, or Sec 3 respectively.

Form must be updated and submitted when you add, delete, or make other changes to the list.

form completion date:

Form required for Vendor Outreach Program, Labor Standards, AA/EEO, and HUD Section 3

Total Subcontracts (labor)

GC Self Perform

Goal - Labor 25% (if applicable)

Notes / Status:

City

of S

aint

Pau

l HR

EE

O U

se O

nly

Page 1 of 1

VENDOR OUTREACH PROGRAM Human Rights & Equal Economic Opportunity

The goal of the Vendor Outreach Program (“VOP”) is to encourage contracting with local small business

VOP helps local small, small minority-owned and small woman-owned businesses take part on City contracts. The Saint Paul Administrative Code (chapter 84) governs VOP. Generally, there is a $50,000 threshold for VOP applicability. A small business set-aside program does exist for contracts under $50,000, in certain circumstances.

VOP strives to award as many purchases goods, services, and construction to eligible local businesses. The Central (CERT) Certification Program certifies eligible businesses. Generally, there is a goal to award at least 25% of opportunities to certified businesses. The 25% business inclusion is broken down as follows

5% to minority-owned business enterprises (MBE)

10% to woman-owned business enterprises (WBE)

10% to other small business enterprises (SBE).

However, VOP evaluates each project and contract on its own. Goals may vary for several reasons, such as actual available business opportunity.

The federal DBE program will govern certain City contracts. If that is the case, you are subject to DBE requirements and not VOP. If DBE applies, information pertaining to such requirements will be included.

Procedure

Under VOP, you must seek vendors that are currently certified. The searchable database of certified companies is at https://cert.smwbe.com. There is information on this page explaining how to get a Vendor List or access. CERT staff will attempt to respond to your request within 2 business days. You will report on VOP through our online Contract Compliance Monitoring Software, B2Gnow.

How a business can be certified

Generally, businesses can be certified if they are located in the eligible area and qualify as a small business. Once a business meets those two qualifications, they can also certify as being woman-owned or minority-owned.

Eligible businesses may be located in any of the following counties: Anoka, Benton, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Stearns, Washington Wright, Pierce (WI), St. Croix (WI).

Whether a business qualifies as small depends on their revenue and their applicable NAICS codes. Certain types of businesses (such as subsidiaries and franchisees) may not be eligible for certification. For specific information please e-mail [email protected] or call 651-266-8900 and ask for CERT staff.

Rev. 2018-09-18

https://cert.smwbe.com/


DEPARTMENT OF HUMAN RIGHTS AND

EQUAL ECONOMIC OPPORTUNITY

280 City Hall Telephone: 651.266.8900

15 Kellogg Boulevard West Facsimile: 651.266.8919

Saint Paul, MN 55102-1659 TDD: 651.266.8977

An Affirmative Action Equal Opportunity Employer

CITY OF SAINT PAUL Melvin Carter, Mayor

City of Saint Paul

Vendor Outreach Program Good Faith Effort Standards

Excerpted From Chapter 84 of the Saint Paul Administrative Code

The steps listed below are not a checklist, but rather a set of guidelines meant to provide various ways to exhibit good faith efforts. This is not an exhaustive list. To truly display a good faith efforts showing within the spirit of the Saint Paul Administrative Code good faith efforts will be evaluated throughout the life of the contract. If a contract fails to meet the VOP goals at the end of the contract, appropriate documentation must be submitted to the Vendor Outreach Coordinator explaining why. (a) Good faith efforts required. On any contract with the City where a contracting party has failed to meet

the established level of certified vendor participation, good faith efforts to meet such levels must be shown. Levels of certified vendor participation are evaluated throughout the duration of the contract.

(b) Factors to be considered. When determining whether a good faith effort has been established the City

will consider all relevant efforts, including but not limited to the following factors:

(1) List each possible subcontract opportunity in the contract, indicating where possible the NAICS Code (or NIGP Code) of such work, seeking the assistance of the department in ascertaining such subcontract opportunities.

(2) Obtain access to the CERT Certified Vendor Online Directory or an exported list of the CERT certified

businesses from CERT staff and search for current CERT certified SBEs, MBEs and WBEs.

(3) Attend all pre-bid and pre-construction conferences to obtain information about the Vendor Outreach Program, the levels of participation of CERT certified SBEs, MBEs, and WBEs, and the outreach requirements herein.

(4) Request assistance from local small business related organization; minority and women community

organizations; minority and women contractor groups; or other organizations that provide assistance in the recruitment and placement of SBEs, MBEs, and WBEs.

(5) Solicit bids from CERT certified SBEs, MBEs and WBEs, which have been identified as being available

and capable of performing the necessary work for the business opportunity within the contract within sufficient time for such business to provide a response, but at no time less than (10) business days prior to bid opening, by phone, fax, electronic mail, internet or other social media.

(6) Advertising available business opportunities in local papers, minority publications, and women

publications.

(7) Solicit bids from a minimum of three (3) such certified businesses for each business opportunity available within the contract. Bidders who continuously list the same certified SBEs, MBEs and WBEs as having been contacted and listed as unavailable, when contact has previously been unsuccessful as a result of disconnected phone numbers or returned mail, will not be deemed to have made good faith efforts.

(8) Provided plans and specifications; information regarding the location of plans and specifications; or

other necessary information regarding the opportunity to SBEs, MBEs and WBEs in a timely manner.


(9) Where applicable, advise and make efforts to assist interested CERT certified SBEs, MBEs and WBEs toobtain bonds, lines of credit or insurance, or other potential capacity barriers required to perform thecontract.

(10) Submit documentation if responses from CERT certified SBEs, MBEs or WBEs were rejected, giving thecomplete basis for the rejection and evidence that the rejection was justified.

(11) Encourage potential SBE, MBE and WBE candidates to become CERT certified.

(c) Failure to meet good faith efforts.

(1) A contracting party who fails to meet established goals and provide sufficient good faith efforts shallbe subject to a penalty, the amount of which shall be calculated as follows:

The difference between the established Vendor Outreach Program goal based off of the availablebusiness opportunity on the contract that failed to establish good faith efforts and the actual goalachieved/actual amount contracted with CERT certified businesses.

(2) Additionally, a contracting party who fails to meet established goals and provide sufficient good faithefforts on a project will be deemed a non-responsible bidder and placed on a list of ineligible biddersfor a period of one year. During the period of ineligibility, the contracting party may request a reviewof its subsequent efforts to work with SBEs, MBEs, and WBEs on projects with other entities withinthe Marketplace for the purpose of being removed from the list and reinstated as an eligible bidder.

(3) A contracting party found to have failed to provide good faith efforts shall be notified in writing of thedetermination. The notice must contain the amount of penalty being imposed, the date upon whichplacement on the ineligible list occurs, and the method for appealing the determination.





Saint Paul, MN 55102-1659 TDD: 651.266.8977



VENDOR OUTREACH PROGRAM-PRIME CONTRACTOR PROCESS OVERVIEW

Directions: Once you receive the Vendor Outreach Program Packet from your project manager, please complete the steps in Phase I immediately.

PHASE I: PRIOR TO PROJECT START

Locate and identify certified vendors to include in your bid specifications by accessing the CERT

certified vendor list on https://cert.smwbe.com/ (see “Vendor Lists” in the left hand column to

request an updated list)

Submit VOP ID of Prime & Subs Sheet (this will be an Excel spreadsheet)

Log into B2Gnow and click on the relevant project/contract

o If you do not see your project/contract listed on your dashboard then the contract has

not been inserted into the database. Please e-mail [email protected] and provide the contract amount, contract start date, contract end date, and a primary

contact person. Please indicate: “Request for B2Gnow Project Setup” in the subject line.

The prime must insert all vendors into B2Gnow

o NOTE: Listing all vendors includes first tier, second tier, third tier, etc. subs and

suppliers. The prime may delegate to first tier subs to report their second tier subs, and

so on.

o Please go to https://stpaul.diversitycompliance.com and login using your username and

password. If you have forgotten your username and/or password, your e-mail address is

your username and if you need to reset your password, there is link on the login page

that reads “Forgot Password”. Place your username in the field provided and the

system will send you a temporary password.

o Once logged in, click on the contract you wish to add subs. At the top of the page you

should see a tab entitled “Subs.” Click on this tab. Once on the page, you should see a

button (closer to the top) that reads “Add Subcontractor.” Click this. Once on this page,

start typing the company name in the “Vendor” search window. If the vendor is listed in

our database a dropdown list should appear. If it is not, then you will need to click the

red “Get Vendor.” If, after clicking the red “Get Vendor” you are unable to find the

vendor, the vendor will need to be added to the database.

Once all subcontractors are added to the database, they will need to be approved before the

prime can insert a payment. As a result, make sure subs are inserted prior to a Draw Request. If

all subs to date are not inserted prior to a Draw Request, VOP will not approve the Draw

Request until the most recent Sub ID sheet corresponds with the subs in B2Gnow.


[email protected]

http://www.stpaul.diversitycompliance.com/


PHASE II: CONSTRUCTION:

After subs are approved, the prime must insert all payments made to the subs by clicking on the

“Compliance Audit List” tab at the top of the page.

After a payment is entered for a sub, the sub will be notified by B2Gnow and will need to

confirm the payment.

o To “Confirm” a payment the sub will need to login to B2Gnow at

https://stpaul.diversitycompliance.com . Once logged in, the sub should see the “Data

dashboard” form there he/she can click on the appropriate contract and “Confirm” the

payment amount made to him/her.

NOTE: If payments to subs are not inserted in B2Gnow and confirmed prior to a Draw

Request, this will hold up approval of Draw Requests.

Directions: When you have completed work on a project, it is very important to signify completion in B2Gnow. This is the final step of compliance.

PHASE III: PROJECT END:

Verify that all subs and all payments to subs have been entered into B2Gnow.

Verify that the most recent Subcontractor ID Sheet submitted to the Vendor Outreach

Coordinator matches up with the entries in B2Gnow.

Verify that all subs have confirmed all payments prior to the final draw request.

Indicate in B2Gnow that the audit is final.

NOTE: A final Draw Request will not be approved unless everything is up to date and

completed in B2Gnow.

For questions, contact: Human Rights and Equal Economic Opportunity Department

Vendor Outreach Program 15 Kellogg Blvd. W.

Saint Paul, MN 55102 [email protected] / (651) 266-8900

https://stpaul.diversitycompliance.com/




Jessi Kingston, Director



Saint Paul, MN 55102-1659 TDD: 651.266.8977



VENDOR OUTREACH PROGRAM CONTRACTOR COMPLIANCE CHECK-LIST

Directions: Once you receive this Vendor Outreach Program Packet from your project manager, please complete the steps in Phase I immediately.


Locate and identify certified vendors to include in your bid specifications by accessing the CERT

certified database at https://cert.smwbe.com/ Submit VOP ID of Prime & Subs Sheet in Excel format (this will be an Excel spreadsheet) Verify that your contract is listed in B2Gnow The prime must insert all subs that are on the draw request (note: all subs includes second tier subs,

third tier subs, etc) into B2Gnow


The prime must insert all payments made to the subs by clicking on the “Compliance Audit List” tab at the top of the page

o Prime MUST insert subs prior to a Draw Request. o Draw Request will not be approved until current sub ID sheet and/or pay application

matches sub list in B2Gnow.

Prime must instruct subs to confirm payments prior to submitting a draw request Subs will need to approve each of their payments entered by the prime per audit period in B2Gnow NOTE: If payments to subs are not inserted in B2Gnow, this will hold up approval of Draw Requests

Directions: When you have completed work on a project, it is very important to signify completion in B2Gnow. This is the final step of compliance.

PHASE III: PROJECT END:

Verify that all subs and all payments to subs have been entered into B2Gnow. Verify that the most recent Subcontractor ID Sheet submitted to the Vendor Outreach Coordinator

matches up with the entries in B2Gnow. Verify that all subs have confirmed all payments prior to the final draw request. Indicate in B2Gnow that the audit is final. NOTE: A final Draw Request will not be approved unless everything is up to date and completed in

B2Gnow.


Vendor Outreach Program City Hall 280 Saint Paul, MN 55102

[email protected] / (651) 266-8900






Jessi Kingston, Director



Saint Paul, MN 55102-1659 TDD: 651.266.8977

VENDOR OUTREACH PROGRAM-SUBCONTRACTOR CHECKLIST


Provide prime contractor with a list of all of your subcontractors and suppliers.


Confirm all payments entered by the prime. The database will send you an e-mail instructing you to log in and confirm payments per monthly audit.

Report your subs and suppliers in B2Gnow, as well as their payments. (See the “Contractor

Compliance Checklist” on the previous page for instructions on how to do this).

NOTE: Draw Requests will be held up until subs confirm payments and report accordingly. PHASE III: PROJECT END:

Make sure you have confirmed all payments made to you by the prime once your work is complete.

Ensure all of your subs and suppliers have been reported, as well as their payments.

NOTE: Failure to confirm payments will result in payments being withheld until B2Gnow reflects a payment confirmation.


Vendor Outreach Program City Hall 280 Saint Paul, MN 55102

[email protected] / (651) 266-8900



Vendor Outreach Program | [email protected] | 651-266-8900

1 2019-03-18

CITY OF SAINT PAUL Department of Human Rights & Equal Economic Opportunity

Vendor Outreach Program (VOP)

Vendor Outreach Program – for Planning & Economic Development Subgranting Programs

The goal of the Vendor Outreach Program (“VOP”) is to encourage contracting with local small businesses.

VOP helps local small, small minority-owned and small woman-owned businesses participate on City contracts. The Saint Paul Administrative Code (chapter 84) governs VOP. VOP applies on contracts with a total cost of at least $50,000. A small business set-aside program does exist for contracts under $50,000, in certain circumstances.

VOP strives to award as many purchases of goods, services, and construction to eligible local businesses. The Central (CERT) Certification Program certifies eligible businesses. Generally, there is a goal to award at least 25% of opportunities to certified businesses. The 25% business inclusion goal is broken down as follows:

• 5% to minority-owned business enterprises (MBE)

• 10% to woman-owned business enterprises (WBE)

• 10% to other small business enterprises (SBE)

However, VOP evaluates each project and contract on its own. Goals may vary for several reasons, including actual available business opportunity.

The federal Disadvantaged Business Enterprise (DBE) program will govern certain City contracts. If that is the case, you are subject to DBE requirements and not VOP. If DBE applies, information pertaining to such requirements will be included.

Procedure

Under VOP, you must seek vendors that are currently CERT certified. The searchable database of certified companies is located at https://cert.smwbe.com/. There is information on this website explaining how to search, view and download the current CERT directory. For further assistance finding CERT certified vendors for a certain scope of work, contact a CERT specialist at 651-266-8900 or [email protected]. CERT staff will attempt to respond to your request within 2 business days.

Complete the prime/sub ID sheet (Excel format) and send to [email protected]. Keep this form updated throughout the life of your project and submit updates as necessary. Compliance staff will review the ID sheet for VOP compliance. If VOP goals are not being met, good faith efforts documentation may be requested. See pages 2 and 3 for additional information about good faith efforts.

Payment reporting for VOP is submitted in monthly audits via online Contract Compliance Monitoring Software, B2Gnow, at https://stpaul.diversitycompliance.com.

About certified businesses

Businesses can be certified if they are located in the eligible area and qualify as a small business. If a business meets those qualifications, they can also be certified as woman-owned or minority-owned.

Whether a business qualifies as small depends on their revenue and their applicable NAICS codes. Certain types of businesses (such as subsidiaries and franchisees) may not be eligible for certification. For specific information please e-mail [email protected] or call 651-266-8900 and ask for CERT staff.








2 2019-03-18



VOP Good Faith Effort Standards Excerpted from Chapter 84 of the Saint Paul Administrative Code

The steps listed below are not a checklist, but are a set of guidelines meant to provide various ways to exhibit good faith efforts. This is not an exhaustive list. To truly display good faith efforts within the spirit of the Saint Paul Administrative Code, good faith efforts will be evaluated throughout the life of the contract. If a contract fails to meet the VOP goals at the end of the contract, appropriate good faith efforts documentation must be submitted to the Vendor Outreach Coordinator.

(a) Good faith efforts required. On any contract with the City where a contracting party has failed to

meet the established level of certified vendor participation, good faith efforts to meet such levels must be shown. Levels of certified vendor participation are evaluated throughout the duration of the contract.

(b) Factors to be considered. When determining whether a good faith effort has been established the City will consider all relevant efforts, including but not limited to the following factors:

(1) List each possible subcontract opportunity in the contract, indicating where possible the NAICS Code (or NIGP Code) of such work, seeking the assistance of the department in ascertaining such subcontract opportunities.

(2) Obtain access to the CERT Certified Vendor Online Directory or an exported list of the CERT certified businesses from CERT staff and search for current CERT certified SBEs, MBEs and WBEs.

(3) Attend all pre-bid and pre-construction conferences to obtain information about the Vendor Outreach Program, the levels of participation of CERT certified SBEs, MBEs, and WBEs, and the outreach requirements herein.

(4) Request assistance from local small business related organization; minority and women community organizations; minority and women contractor groups; or other organizations that provide assistance in the recruitment and placement of SBEs, MBEs, and WBEs.

(5) Solicit bids from CERT certified SBEs, MBEs and WBEs, which have been identified as being available and capable of performing the necessary work for the business opportunity within the contract within sufficient time for such business to provide a response, but at no time less than (10) business days prior to bid opening, by phone, fax, electronic mail, internet or other social media.

(6) Advertising available business opportunities in local papers, minority publications, and women publications.

(7) Solicit bids from a minimum of three (3) such certified businesses for each business opportunity available within the contract. Bidders who continuously list the same certified SBEs, MBEs and WBEs as having been contacted and listed as unavailable, when contact has previously been unsuccessful as a result of disconnected phone numbers or returned mail, will not be deemed to have made good faith efforts.

(8) Provided plans and specifications; information regarding the location of plans and specifications; or other necessary information regarding the opportunity to SBEs, MBEs and WBEs in a timely manner.



3 2019-03-18



(9) Where applicable, advise and make efforts to assist interested CERT certified SBEs, MBEs and WBEs to obtain bonds, lines of credit or insurance, or other potential capacity barriers required to perform the contract.

(10) Submit documentation if responses from CERT certified SBEs, MBEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justified.

(11) Encourage potential SBE, MBE and WBE candidates to become CERT certified.

(c) Failure to meet good faith efforts.

(1) A contracting party who fails to meet established goals and provide sufficient good faith efforts shall be subject to a penalty, the amount of which shall be calculated as follows:

The difference between the established Vendor Outreach Program goal based off of the available business opportunity on the contract that failed to establish good faith efforts and the actual goal achieved/actual amount contracted with CERT certified businesses.

(2) Additionally, a contracting party who fails to meet established goals and provide sufficient good faith efforts on a project will be deemed a non-responsible bidder and placed on a list of ineligible bidders for a period of one year. During the period of ineligibility, the contracting party may request a review of its subsequent efforts to work with SBEs, MBEs, and WBEs on projects with other entities within the Marketplace for the purpose of being removed from the list and reinstated as an eligible bidder.

(3) A contracting party found to have failed to provide good faith efforts shall be notified in writing of the determination. The notice must contain the amount of penalty being imposed, the date upon which placement on the ineligible list occurs, and the method for appealing the determination.



4 2019-03-18



Special Reporting for Subgrants of $50,000 or less on subgrant programs administered by community organizations

❖ Special reporting procedures for certain subgrants of $50,000 or less when the total project cost of the subgrant program is larger than $50,000.

For purposes of these reporting procedures, the following terms and definitions apply:

“HREEO Director” means the Director of the Department of Human Rights & Equal Economic Opportunity, his or her successor, or his or her designee.

“Subgrant program” means an activity by which funds are passed through a community organization to an end user, benefitting the local business economy, for capital improvements.

Vendor Outreach goals apply to subgrant programs with a total project cost over $50,000. At the discretion of the HREEO Director, the following compliance and reporting requirements may apply when subgrant program funds are used on a project with a total project cost of $50,000 or less.

1) The community organization shall work with end users on locating local small, minority-owned and woman-owned businesses to perform work funded in whole or in part by subgrant program funds. The community organization shall direct end recipients to the CERT business list as a resource for soliciting local small, minority-owned and woman-owned businesses;

2) The community organization shall collect a list of vendors used by end recipients and report those vendors to the Department on a form provided by the Vendor Outreach Coordinator;

3) The community organization shall provide, if requested by the Vendor Outreach Coordinator, a list of businesses solicited by the end recipient to do work for the end recipient.

These special reporting requirements are not applicable when subgranting by community organizations is not involved, or when the total project cost exceeds $50,000.

The CERT Directory is available at https://cert.smwbe.com/. Questions regarding CERT should be directed to [email protected].

Questions about compliance reporting should be directed to [email protected].






5 2019-03-18



Process Overview – Prime Contractor

Directions: Once you receive the Vendor Outreach Program Packet from your project manager, please complete the steps in Phase I immediately.

Phase I – Prior To Project Start

❖ Locate and identify certified vendors to include in your bid solicitations by accessing the CERT certified vendor list on https://cert.smwbe.com/ (See “Central CERT Directory” button in the “Vendor Certification” section of the left column. )

❖ Submit Prime/Sub ID Sheet (an Excel spreadsheet) to [email protected]

❖ Log into B2Gnow https://stpaul.diversitycompliance.com and click on the relevant project/contract

1) If you do not see your project/contract listed on your dashboard then the contract has not been added to the database. Please e-mail the ID sheet to [email protected] and provide the contract amount, contract start date, contract end date, and a primary contact person. Please indicate: “Request for B2Gnow Project Setup” in the subject line.

❖ The prime contractor must add all vendors to contract in B2Gnow

1) NOTE: Listing all vendors includes first tier, second tier, third tier, etc. – subcontractors and suppliers. The prime may delegate to first tier subs to report their second tier subs, and so on.

2) Please log in to https://stpaul.diversitycompliance.com/. Your username is your email address. If you do not know your password, click “FORGOT PASSWORD” link below the password field. Place your username (email address) in the field provided and click the “Submit” button. The system will email a temporary password to you.

3) Once logged in, click on the contract you wish to add subs. At the top of the page, click on the “Subs” tab. On the page, you should see a button (closer to the top) that reads “Add Subcontractor.” Click this button. Click the red “Get Vendor” link and search for the vendor. If you are unable to find the vendor, the vendor will need to be added to the database.

❖ Once all subcontractors and suppliers are added to the contract, CERT vendors will need to be approved before the prime can add payment.

NOTE: VOP will not approve pending draw requests until the most recent Sub ID sheet corresponds with the subs listed in B2Gnow.

Continued on next page








6 2019-03-18



Process Overview – Prime Contractor continued Phase II – Construction

❖ The prime is responsible to report all payments made to subs/suppliers/vendors monthly.

❖ Prime is also responsible to report all payments received for the contract.

❖ After a payment is entered for a sub, the sub will be notified by the system to confirm the payment.

o To confirm a payment the sub will need to login to B2Gnow at https://stpaul.diversitycompliance.com . Once logged in, the sub should see the “Data dashboard”. From there they can click on the appropriate contract and confirm the payment amount made to their company.

NOTE: If payments to subs are not entered into B2Gnow and confirmed it may hold up approval of draw requests. When you have completed work on a project, it is very important to signify completion in B2Gnow. This is the final step of compliance.

Phase III – Project End

❖ Verify that the most recent Prime/Sub ID Sheet submitted to the Vendor Outreach Coordinator matches the entries in B2Gnow.

❖ Verify that all subs and all payments to subs have been entered into B2Gnow.

❖ Verify that all subs/suppliers/vendors have confirmed all payments prior to the final draw request. As prime, you are responsible to make sure company contact information is correct. Follow up with subs to be sure they confirm payments in the system.

❖ Indicate in B2Gnow that the audit is final.

❖ If available, collect and email any final lien waivers (or IC134s) to [email protected].

NOTE: A final draw request will not be approved unless everything is up to date and

completed in B2Gnow.


Vendor Outreach Program 15 Kellogg Blvd. W., Saint Paul, MN 55102

[email protected] | 651-266-8900






7 2019-03-18



Subcontractor VOP Checklist Phase I: Prior To Project Start

Provide a list of your subcontractors and suppliers to the prime contractor. Phase II: Construction

Confirm payments reported by the prime. B2Gnow will send you an e-mail instructing you to log in and confirm payments monthly.

Add your subs and suppliers in B2Gnow https://stpaul.diversitycompliance.com,

Report payments made to subs and suppliers monthly.

NOTE: If payment reporting is not kept up to date, it may hold up draw requests. Phase III: Project End

Make sure you have confirmed all payments received from the prime.

Ensure all of your subs and suppliers have been reported, as well as their payments.

NOTE: A final draw request will not be approved until payment reporting is completed in B2Gnow https://stpaul.diversitycompliance.com


Vendor Outreach Program 15 Kellogg Blvd. W., Saint Paul, MN 55102

[email protected] | 651-266-8900





DEPARTMENT OF HUMAN RIGHTS AND EQUAL ECONOMIC OPPORTUNITY Jessi Kingston, Director

280 City Hall Telephone: (651) 266-8900 15 Kellogg Boulevard West Facsimile: (651) 266-8919 Saint Paul, MN 55102-1659 TDD: (651) 266-8977

Page 1 of 3 An Affirmative Action Equal Opportunity Employer 01-22-2018


AFFIRMATIVE ACTION / EQUAL EMPLOYMENT OPPORTUNITY (AA/EEO) Contract Specifications

Definition of Terms:

City Funds – Money originating from the City of Saint Paul or other federal and state funds. Some examples include: Capital Investment Bonds (CIB), U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG), Federal Low Income Housing Tax Credits (LIHTC), Housing Redevelopment Authority (HRA), Home Investment Partnership Program (HOME), Metropolitan Council funding programs, multi-family Housing Revenue Bonds, Sales Tax Revitalization (STAR), Tax Increment Financing (TIF), and any combination of loans, grants, and land write-down or other funding vehicles.

Contract – A formal agreement between the City of Saint Paul and a contractor. For AA/EEO compliance monitoring, the word “contract’’ is used to refer to all agreements. A contract is defined as a development agreement, master contract, a professional service agreement, a purchase order, a service agreement, and any other contract where the City provides funding.

Contractor – Any person entering into a contract or agreement with the City of Saint Paul.

Person – Includes natural persons, firms, corporations, partnerships, joint ventures, companies, organizations, for profit and nonprofit, agencies, clubs, groups, or any other association of natural persons, legal entities, or both.

1. Contractors who have been awarded or enter into a contract with the City that meets or exceeds$50,000 within the preceding twelve-month period are required to submit the company'sAffirmative Action Plan (AAP) to the City for certification.

a. There is a fee of $75 to cover the cost of certifying the affirmative action plan.

b. An Affirmative Action Program Registration (AAPR) document is provided by the Cityfor the contractor to use in lieu of submitting an Affirmative Action Plan.

2. Submission of the AAP or AAPR indicates that the contractor:

a. has a policy of equal employment opportunity

b. is committed to affirmative action

c. fully supports incorporation of non-discrimination and affirmative action rules andregulations into contracts and agreements

d. intends to implement those policies.

of 3 An Affirmative Action Equal Opportunity Employer 01-22-2018

3. The contractor shall take specific actions to ensure equal employment opportunity. The contractor shall document these efforts fully and shall implement affirmative action steps as indicated in the AAP.

a. Designate a responsible official to monitor employment activities.

b. Maintain an environment free of harassment, intimation, coercion, and discriminatory acts.

c. Establish and maintain face to face relationship with recruitment sources for people of color and individuals with disabilities.

d. Annually review the affirmative action plan activities.

4. If the contractor fails to comply with the affirmative action requirements, its implementing rules, or these specifications, the Director may proceed with sanctions which may include: suspension, termination, cancellation of existing contracts until corrective steps are taken, and declarations of non-eligibility to bid.

5. The contractor shall not enter into any contract or agreement with any person or firm debarred from government contracts under Section 183 of the Saint Paul Legislative Code, Chapter 139 of the Minneapolis Ordinances, Federal Executive Order 11246, or whose state certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section 363.073.

Contact:

HREEO – AA/EEO Contract Compliance Officer [email protected] Phone: 651-266-8900 The City of Saint Paul Human Rights Ordinance Section 183.04 of the Saint Paul Legislative Code and Rules


Workforce Participation Goals for Construction Contracts

The following supplemental AA/EEO specifications shall apply to contracts for construction which receive City funding. All contractors need to include these specifications in all lower tier contracts for construction work. Developer and prime contractor shall communicate this information to all subcontractors.

City workforce participation goals for City funded construction projects of $50,000 or more are expressed as a percentage of the total hours performed by female and minority construction workers.

32% Minority total project hours 20% Female total project hours

After the contract has been awarded, but before construction begins, all contractors that have been selected to work on the project will be required to meet in a pre-construction conference. This conference will be held to discuss the utilization goals for minority and women, how the goals will be met, and any problems that may affect the project's ability to achieve the goals.

Each contractor that utilizes subcontractors must submit the Prime and Subcontractor Identification Form identifying lower tier contractors and material suppliers.

All lower tier or sub-contractors must complete and submit the mandatory Project Employment Utilization (PEU) form indicating estimated total number of project work hours, and estimated women and minority workforce hours. Contractors must indicate on the bottom of the PEU form if they will meet the goals with their internal workforce or by hiring additional employees. If they are unable to meet the goals, they must provide the reason at the bottom of the PEU form. The prime contractor must collect the PEU forms from subcontractors and submit them to the City’s AA/EEO Compliance Officer at: [email protected]

Workforce participation goals on construction projects is monitored via certified payroll in LCPtracker. LCPtracker is a paperless, online system of entering certified payroll reports. In LCP Tracker, contractors are required to select the job classification, gender, and race of each individual worker. In instances where LCPtracker is not used, contractors shall report the project workforce participation goals manually on city provided spreadsheet.

Failure to make Good Faith Efforts If a contractor fails to make and demonstrate a good faith effort to meet the goals for participation of women and minorities, the Director may take appropriate measures to sanction the contractor. This may include: suspension, termination, cancellation of existing contracts until corrective steps are taken, and declarations of non-eligibility to bid.

DEPARTMENT OF HUMAN RIGHTS AND EQUAL ECONOMIC OPPORTUNITY Jessi Kingston, Director

280 City Hall Telephone: (651) 266-8900 15 Kellogg Boulevard West Facsimile: (651) 266-8919 Saint Paul, MN 55102-1659 TDD: (651) 266-8977

An Affirmative Action Equal Opportunity Employer 01-22-2018


AFFIRMATIVE ACTION PROGRAM REGISTRATION NOTICE

Section 183.04 of the St. Paul Legislative Code and the Rules Governing Affirmative Requirements give the City of St. Paul the authority to monitor contractors’ affirmative action and equal employment opportunity efforts through the City’s Affirmative Action Plan (AAP) when total accumulated contract awards meet or exceed $50,000 within a twelve-month period. All entities receiving City fund for construction project must include in the contracts or agreements with all subcontractors the Affirmative Action/Equal Employment Opportunity Contract Specifications requiring the subcontractors to file an Affirmative Action Program. The AAP is a combination of policies and procedures a company utilizes to prohibit discrimination and promote equal employment opportunities for women, minorities and people with disabilities. The AAP shall contain information on a company’s employment practices, policies, program and statistics regarding the composition of the company’s workforce. To comply, submit the following: 1. Complete the City provided AAP Registration

Or Submit your company’s current AAP.

2. Pay the required $75.00 fee. Check Only. Payable and mail to the following: City of Saint Paul HREEO AA/EEO 280 City Hall 15 West Kellogg Boulevard West Saint Paul, MN 55102-1659

If you have additional questions please contact: HREEO AA/EEO Contract Compliance Officer Email: [email protected] Phone: 651-266-8900


AFFIRMATIVE ACTION PROGRAM REGISTRATION

We, _____________________________ hereby confirm that we have developed and are implementing over the next two years an effective Affirmative Action Program (AAP) which complies with Section 183.04 of the Saint Paul Legislative Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment. Our AAP includes, but is not limited to, the provisions listed below:

Dissemination of Affirmative Action/Equal Employment Opportunity (AA/EEO) Policy Statement

1. Policy statement and non-discrimination posters will be permanently posted and conspicuously displayed in areas available to employees and applicants for employment. All employees and contractors will be furnished a copy of the AA/EEO policy statement. This policy will be made available to all employees including part-time, temporary or seasonal.

2. We will include the statement “Affirmative Action, Equal Opportunity Employer” on company letterhead, employment applications, contracts and subcontracts, and in advertisements recruiting employees and contractors.

3. We will include non-discrimination clauses in all union agreements, and we will review all contractual provisions to ensure that they are non-discriminatory. We will inform all union officials of the AA/EEO policy and request their cooperation.

4. We will personally meet with recruitment resources and, if applicable, with labor union representatives to inform them of our AA/EEO policies and encourage them to actively recruit and refer women, minorities, and people with disabilities, in order to achieve our affirmative action goals. We will utilize media resources which target women, minorities and people with disabilities.

5. We will include the Saint Paul Affirmative Action/Equal Employment Opportunity contract specifications in all bid specifications and contracts on City of Saint Paul-assisted contracts. We will include these contract specifications in all lower tier contracts for materials and construction work on City-assisted contracts.

Recruitment of Employees

1. All solicitations and advertisement for employees placed by us or on our behalf will state that we are an Affirmative Action, Equal Opportunity Employer. Copies of advertisements for employees will be kept on file for review by the Saint Paul Human Rights and Equal Economic Opportunity Department.

2. We will meet with and encourage our subcontractors to utilize agencies and organizations which refer and recruit women, minorities, and people with disabilities.


Underutilization Analysis & Goals and Timetable

1. We will conduct an analysis of our employee workforce to determine present employment levels of women, minorities, and people with disabilities to identify areas of underutilization of such persons and to determine causes of underutilization. We will maintain a statement of the goals and timetables to remedy any underutilization of women, minorities and people with disabilities. (See attached form on page 6 and 7.)

2. We will set a 10% employment goal for people with disabilities on our non-construction workforce. (See attached page 8.)

Agreement

1. We, _____________________________ agree to maintain a current effective Affirmative Action Program (AAP), to implement all provisions of that AAP during the next two years, and to comply with Section 183.04 of the Saint Paul Legislative Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment. Our AAP is now available for inspection and will be submitted to the department at any time upon its request.

2. We agree to keep records of all personnel actions such as applicant flow, hiring, firing, lay-off, promotions, and actions taken to recruit and hire women, minorities, and people with disabilities. During the next two years we agree to submit AA/EEO Semi-Annual Compliance Reports detailing these personnel activities and affirmative action efforts to the department. Any data collected are subject to MN Data Practice Act.

3. During the next two years we agree to provide, as requested by the department, proof of compliance with Section 183.04 and its implementation. This will include documentation of our good faith efforts to recruit and hire women, minorities and people with disabilities.

4. For City-assisted construction projects of $50,000 or more, we agree to make every good faith effort to meet the city’s workforce inclusion goals for women and minorities and to provide project monitoring documentations requested by the department.

______________________________________________________ ________________________________________________________ Company Name Date

______________________________________________________ ________________________________________________________ Signature of Chief Executive Officer Signature of AA/EEO Manager


AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY (AA/EEO) POLICY STATEMENT

This statement is to affirm _____________________________ policy on providing Equal Employment Opportunity (EEO) to all employees and applicants for employment in accordance with all applicable Affirmative Action Equal Employment Opportunity laws, directives and regulations of Federal, State and local governing bodies or agencies, including Section 183.04 of the Saint Paul Legislative Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment.

_____________________________ will not discriminate against any employee or applicant for employment because of age, ancestry, color, creed, disability, familial status, genetic information (genetic testing, family medical history, and/or genetic services), marital status, national origin, public assistance status, race, religion, retaliation, retaliation by association, retaliation by opposition, sex, pregnancy, sexual or affection orientation.

_____________________________ will maintain zero tolerance for harassment of or by any employee or applicant for employment because age, ancestry, color, creed, disability, familial status, genetic information (genetic testing, family medical history, and/or genetic services), marital status, national origin, public assistance status, race, religion, retaliation, retaliation by association, retaliation by opposition, sex, pregnancy, sexual or affection orientation. We will maintain an internal complaint procedure for complaints of such harassment, and will provide employees with contact information for federal, state and local enforcement agencies.

_____________________________ will take Affirmative Action (AA) to ensure that all employment practices are free of such discrimination and harassment. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

_____________________________ fully supports incorporation of non-discrimination and affirmative action rules and regulations into contracts with subcontractors for goods and services.

_____________________________ will commit the necessary time and resources, both financial and human, to achieve the goals of Affirmative Action and Equal Employment Opportunity.

_____________________________ will evaluate the performance of its management and supervisory personnel on the basis of their involvement in achieving these Affirmative Action and Equal Employment Opportunity objectives as well as other established criteria.

_____________________________ has appointed _____________________________ as AA/EEO Manager to manage the Equal Employment Opportunity Program. His/Her responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Plan (AAP), as required by Federal, State and Local agencies. He/she will be given the necessary top management support and staffing to fulfill his/her job duties. The Chief Executive Officer of _____________________________ will receive and review reports on the progress of the plan. If any employee or applicant for employment believes he/she has been discriminated against, please contact _____________________________ at this address: __________________________________________________________

______________________________________________________________________________________________________________________ Chief Executive Officer (Please Print)

_____________________________________________________________ _______________________________________________________ Signature of Chief Executive Officer Date


DESCRIPTION OF CONTRACT: A.

Company Name E-mail Address B. Address City State Zip Code C. Phone # Fax # D. Chief Executive Officer Telephone # E. AA/EEO Manager Telephone # Email F. Nature of Business G.

Natures of work to be perform for the City of St Paul. H. $ - Estimated Dollar Amount of work with the City of St Paul: I: Estimated Contract Start Date Estimated Contract Completion Date J. Name of City of St Paul's Dept./Agency Requesting the Work or Service Contact Name

L.

Description of City funded construction project (name, address, or location) M. Type of construction to be performed by your company N. Name of Project's Developer Contact Name & Email O. Name of Project's Prime Contractor Contact Name & Email


EMPLOYMENT DATA AS OF: COMPANY NAME: AA/EEO MANAGER:

ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE: E-MAIL: ALL EMPLOYEES (FULL-TIME, PART-TIME, TEMPORARY AND SEASONAL)

JOB CODE

JOB CATEGORIES PEOPLE WITH DISABILITES

MALE FEMALE TOTAL

WH BL HI AP AA M WH BL HI AP AA M

1 OFFICIALS& MANAGERS

2 PROFESSIONALS

3 TECHNICIANS

4 SALES WORKERS

5 OFFICE & CLERICAL

6 CRAFT WORKERS (SKILLED)

7 OPERATIVES (SEMI-SKILLED)

8 LABORERS (UNSKILLED)

9 SERVICE WORKERS

10 CURRENT TOTAL EMPLOYMENT

11 TOTAL EMPLOYMENT IN LAST REPORT

WH: WHITE HI: HISPANIC AA: AMERICAN INDIAN/ALASKAN NATIVE BL: BLACK AP: ASIAN/PACIFIC ISLANDER M: MIXED/MULTIPLE

I affirm that the information entered on this form and on all attachments is accurate and true to the best of my knowledge.



JOB GROUP

TOTAL

WOMEN MINORITIES

UTILIZATION AVAILABILITY NUMBER UNDERUTILIZED

UTILIZATION AVAILABILITY NUMBER UNDERUTILIZED NUMBER % NUMBER % * NUMBER % NUMBER % *

OFFICIALS& MANAGERS

PROFESSIONALS

TECHNICIANS

SALES WORKERS

OFFICE & CLERICAL

CRAFT WORKERS (SKILLED)

OPERATIVES (SEMI-SKILLED)

LABORERS (UNSKILLED)

SERVICE WORKERS

COLUMN # #1 #2 #3 #4 #5 #6 #2 #3 #4 #5 #6

* Percentage for availability should be in decimal form for ease of calculation INSTRUCTIONS: 1. Column 1 = total in job group 2. Column 2 = total # of women or minorities in job group 3. Column 3 = Column 2 ÷ Column 1 4. Column 4 = Column 5 x Column 1 (Round up or down to nearest whole number) 5. Column 5 = Availability (See below for explanation of source) 6. Column 6 = Column 4 - Column 2 (If result is negative, enter 0.) You may submit your own Underutilization Analysis and Goals and Timetables forms in lieu of these forms. If you need availability data, go to the MN Dept of Employment and Economic Development website for the Affirmative Action Statistics to complete the underutilization analysis. http://mn.gov/deed/data/data-tools/affirmative-action-statistics.jsp

UNDERUTILIZATION ANALYSIS

(To be completed by firms with twenty (20) or more employees)

COMPANY NAME: DATE:


GOALS AND TIMETABLES (To be completed by firms with twenty (20) or more employees)

Job Group Current Work Force Underutilization

(#) * A. H. O. Annual Goals Ultimate Goals

Total Male Female Minority Minority Female Minority Female Year Minority Female

1 #

%

2 #

%

3 #

%

4 #

%

5 #

%

6 #

%

7 #

%

8 #

%

9 #

%

#

%

* A.H.O. = Anticipated Hiring Opportunities (including all attrition plus possible expansion.)


UTILIZATION GOALS FOR PEOPLE WITH DISABILITIES (To be completed by all firms)

Company Name Date

Total Employees in Non-Construction Job Groups

Percentage Available Numerical Goal

x 0.10 =


TENNESSEN WARNING

In accordance with the Minnesota Government Data Practices Act, the Affirmative Action Program for the City of St. Paul, is required to inform you of your rights as they pertain to the private information collected from you. Private data is that information which is available to you, but not to the public.

The information collected from you or from other agencies or individuals authorized by you is used to determine if you are in compliance with the City’s Affirmative Action Program.

You are not required to provide this information; however, it is necessary to determine if you are in compliance. If you do not supply the required information, the Affirmative Action Program will not be able to consider you in compliance. The use of the private data we collect from you is limited to that necessary for the administration and management of the Affirmative Action Program Registration and verification process. Persons or agencies with whom this information may be shared include:

1. Affirmative Action Program employees

2. Members of the general public that submit a Public Data Request

Unless otherwise authorized by state statute or federal law, other government agencies utilizing any reported private data must also treat the information as private.

You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include:

3. The right to see and obtain copies of the data maintained on you,

4. Be told the contents and meaning of the data,

5. Contest the accuracy and completeness of the data.

To exercise these rights, contact: HREEO, AA/EEO Contract Compliance Officer, [email protected].

I have read and understand the above information regarding my rights as a subject of government data.

_____________________________________________________________ ___________________________________________________ Company Name Date

City of Saint Paul

Legislation Text

City Hall and Court House15 West Kellogg Boulevard

Phone: 651-266-8560

Establishing sustainable building regulations for buildings owned, operated, or funded by the City.

THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN

Section 1

For the purpose of creating new regulations pertaining to sustainable building, Saint Paul Administrative CodeChapter 81 is hereby created as follows:

Chapter 81. Sustainable Building.

Sec. 81.01. Declaration of Policy.

The purpose of this chapter is to provide for public health and welfare by increasing the environmental andfinancial sustainability of future development projects within the City of Saint Paul.

Sec. 81.02. Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

(a) City Funding means funds provided for New Construction or Major Renovations provided by agreementfrom the City of Saint Paul or the Saint Paul Housing and Redevelopment Authority (HRA), including:

(1) Community Development Block Grants (CDBG)(2) Tax Increment Financing (TIF)(3) HOME Investment Partnership Program (HOME)(4) Multi-Family Housing Revenue Bonds(5) Low-Income Housing Tax Credits (LIHTC)(6) Any other Federal, State, or Metropolitan Council (Met Council) funding source(7) Any other City of Saint Paul funding source(8) Any other HRA funding source

(9) Notwithstanding the above, City Funding does not include the following:

a. Department of Employment and Economic Development (DEED) Cleanup andInvestigation Grants

b. Met Council Tax Base Revitalization Account (TBRA) Contamination Cleanup Grantsc. Met Council TBRA Site Investigation Grantsd. Conduit Bonds issued for the benefit of qualified 501(c)(3) entities

(b) Developer means the entity, whether public or private, that undertakes New Construction or MajorRenovation, and to whom the provisions of this chapter apply.

(c) Director means the Director of the Department of Planning and Economic Development or their

File #: Ord 17-60, Version: 2

City of Saint Paul Printed on 1/29/2018Page 1 of 3

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(c) Director means the Director of the Department of Planning and Economic Development or theirdesignee.

(d) Major Renovation means renovation work performed on a building or portion thereof consisting of atleast 10,000 square feet, and requiring installation of new mechanical, ventilation, or cooling systems,or the replacement of such systems.

(e) New Construction means the planning, design, construction and commissioning of a new building, oran addition to an existing building if such addition requires installation of new mechanical, ventilation,or cooling systems.

(f) Saint Paul Overlay means specific measurable standards that New Construction and MajorRenovations must meet, and which are to be promulgated by the Director. The Saint Paul Overlaymust include requirements for the following:

(1) Predicted and actual energy use(2) Predicted greenhouse gas emissions(3) Predicted and actual use of potable water(4) Predicted use of water for landscaping(5) Utilization of renewable energy(6) Electric vehicle charging capability(7) Diversion of construction waste from landfills and incinerators(8) Indoor environmental quality(9) Stormwater management(10) Resilient Design(11) Ongoing monitoring of actual energy and water use

(g) Sustainable Building Standard means any of the following:

(1) For commercial projects:i. LEED for New Construction and Major Renovation; Certified Silver, Gold or Platinumii.State of Minnesota B3 Guidelines; Certified Compliantiii. Saint Paul Port Authority Green Design Review (if applicable)

(2) For residential projects:i. LEED for New Construction and Major Renovation; Certified Silver, Gold or Platinumii.State of Minnesota B3 Guidelines; Certified Compliantiii. GreenStar; Certified Silver, Gold or Platinumiv. Green Communities; Certified

(3) For parking structures:v.Parksmart; Certified Silver or Gold

In the event that any of the above standards is determined by the Director to be obsolete, equivalentsubstitute standards may be utilized at the discretion of the Director until such time as this chapter maybe updated to include new standards.

Sec. 81.03. Applicability.

This chapter applies to:

(a) New Construction or the Major Renovation of facilities owned or operated by the City of Saint Paul or





the HRA.

(b) New Construction or the Major Renovation of any facilities of which the City or HRA are, or willbecome, the sole tenant.

(c) New Construction or Major Renovation of any facilities within the City of Saint Paul receiving more than$200,000 of City Funding.

Sec. 81.04. Requirements.

(a) New Construction or Major Renovations to which this chapter applies pursuant to Section 81.03 arerequired to be certified under an eligible Sustainable Building Standard at the listed rating level, andmust meet the standards set forth in the Saint Paul Overlay.

(b) For any projects to which this chapter applies under Sec. 81.03(c), compliance with this chapter mustbe a condition of receipt of City Funding.

Sec. 81.05 Waiver.

The requirements of this chapter may be waived, in whole or in part, by the Saint Paul City Council, or,in the event that the expenditure of City Funds is approved by the HRA, the HRA Board of Commissioners.

Section 2

This ordinance shall take effect and be in force on July 1, 2018, and apply to all projects for which schematicdesign is initiated on or after July 1, 2018.




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Saint Paul PED / HRA Sustainability Initiative

January 30, 2007

(Amended October 5, 2010)

Objective of the Initiative

To make future development projects in Saint Paul more environmentally and financially sustainable by

identifying and incorporating proven and tested practices that demonstrate significant measurable results

and return on investment.

Requirements for development projects funded, in whole or in part, by the City of Saint Paul PED/HRA:

1. All developers who plan to newly construct:

� a commercial building of 15,000 square feet or greater, or � a residential building with common space of 15,000 square feet or greater, or, � a residential building of 150,000 square feet or greater (not including the garage)

are required to participate in Xcel Energy’s Energy Design Assistance program and implement energy-saving recommendations. Initial inquiry should occur during the schematic design phase to maximize energy saving potential.

� Energy Design Assistance (Xcel Energy will determine the best level)

� Level 1 (generally for buildings 20,000 square feet or larger) provides a comprehensive approach to energy savings including personalized computer energy modeling for a planned building. This modeling predicts energy use, suggests energy-saving strategies and projects energy-cost savings.

� Level 2 (generally for buildings smaller than 20,000 square feet) provides a review of preliminary construction documents and recommends energy-saving strategies.

� Compared to code requirements, participants save an average of 30% on annual energy bills. � Follow-up services help ensure that strategies are implemented and working to save on energy bills. � Cost:

< Consultation is free. < Xcel Energy pays the architectural and engineering team for their

participation in Level 1. < Recommended strategies qualify for Xcel Energy’s cash incentives,

which decrease out-of-pocket cost.

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2. All developers of new residential buildings that have less than 15,000 square feet of common space are

required to participate in the ENERGY STAR Qualified New Homes program.

AND

All developers of rehabilitated single-family or duplex homes are required to participate in Home

Performance with ENERGY STAR. New and rehabilitated buildings must receive third-party verification from an accredited organization.

� The Neighborhood Energy Connection (NEC), a Saint Paul nonprofit organization with independent consultants, can provide these services and help developers access rebates or reduced fees through Xcel Energy.

� Consultants provide recommendations and projected return on investment for each improvement made.

� Consultants make site visits to ensure that agreed upon improvements are being made and installed properly.

� After the consultant’s recommendations have been followed and inspection has been passed: � newly constructed buildings will receive ENERGY STAR HOMES certification, and � rehabilitated single-family or duplex homes will be eligible for rebates.

� Financing is available. Tax breaks, rebates and other incentives may also be available.

� Approximate Cost for ENERGY STAR HOMES: < Consulting services worth $600.00 per home can be fully recovered through Xcel rebates. < Typically the added cost of for improvements is very low or non-existent. < Any costs are recovered by the homeowner through lower utility bills.

3. On every HRA / City-funded project within the District Energy service area, the developer is required toobtain cost estimates from District Energy and Xcel Energy for the provision of heating and/or coolingservices early in the design process.

4. On a project by project basis, including new construction, rehab and conversion, PED staff will attempt tonegotiate with developers higher standards, which may include, but are not limited to, the United StatesGreen Building Council’s Leadership in Energy and Environmental Design (LEED) standards; theMinnesota Sustainable Building Guidelines; and Minnesota Green Communities standards.

5. This policy applies to all projects that have not yet reached the design development phase.

City Contact: Kurt Schultz 1100 City Hall Annex 25 West 4

th Street

St. Paul, MN 55102 651-266-6590 [email protected]

Vicinity Hiring Policy All City of Saint Paul subrecipients, contractors, and subcontractors will be required to demonstrate efforts to achieve Vicinity Hiring during the contracting, rehabilitation or construction, sale, and rental property management process.

Priority for hire will be based on the following selection criteria:

- First preference: Businesses with an address within the project neighborhood.- Second preference: Businesses with an address within the same zip code as the project or

within zip codes immediately adjacent to the project zip code.

Demonstration of compliance to notify vicinity businesses of contract opportunities will be an element of all contracts awarded. Compliance can be demonstrated through the following:

• Points for demonstrated vicinity hiring practices in the scoring matrix for rating responsesto Requests for Qualifications and Requests for Proposals of contracts.

• Marketing contract opportunities through advertisements in locally distributedneighborhood newspapers.

• Notification via e-mail or locally circulated newsletters regarding bidding opportunities.

The Vicinity Hiring Policy is a complement to existing Section 3 and Vendor Outreach hiring policies.

Updated 6/14/2018

Effective Date: January 21, 2009

I. Purpose

Policy Regarding Requirement of Two (2) bids

The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota ("HRA") has the powerto engage in development and redevelopment activities under Minnesota Law, Chapter 469. Toaccomplish its objectives under Chapter 469, the HRA (i) awards financial assistance and contracts toprofit and not-for-profit applicants, and (ii) contracts with community development corporations andother similar entities ("Conduit Organizations") to operate programs on behalf of the HRA.

The purpose of this policy is to require two (2) written bids for construction work by all recipients of HRAor Conduit Organizations Contracts and this requirement will also apply to single family residences. Thispolicy is effective on the Effective Date for all new and pending requests for HRA or ConduitOrganizations financial assistance and HRA Contracts not approved by the HRA Board ofCommissioners. This Policy applies to the contracts for the entire project even though only a portion ofthe improvements are being funded with public assistance.

This policy does not apply to (i) those portions of a HRA or Conduit Organizations Contract that areself-performed by the recipient of the HRA or Conduit Organizations Contract or (ii) contracts involving'soft costs' i.e. professional services.

II. Definitions

Contract(s) means any HRA or Conduit Organizations agreement or City STAR (i.e. sales tax)agreement involving financial assistance with a value of $20,000 or more in any of the following forms:grant; contribution of personal or real property; with respect to a loan given by the HRA or ConduitOrganizations, the present value of the difference in the interest rate given by the HRA or ConduitOrganizations and that rate commercially available to the recipient; reduction or deferral of any tax,assessment or fee; guaranty of any loan, lease or other obligation; tax increment financing; tax credits;or other HRA or Conduit Organizations financial participation. Conduit bonds and bond host approvalare excluded from this definition and this policy.

Ill. Minimum of 2 Bid requirement-All contracts.

1. For all Contracts, whether for single family residence or non-single family residence, in any ofthe forms described in Section II above, each applicant and recipient of public financialassistance must request and obtain at least two (2) written bids for the construction work to beperformed under the Contract by the general contractor/construction manager andsubcontractors and award the contract or contracts to the lowest responsible bidder.

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IV. Waiver/Exemption

1. The requirements of this Policy may be waived in whole or in part by the HRA Executive Director

or his/her designee after consideration of the advantages and disadvantages of a waiver, and upon a showing by the applicant of a compelling public purpose.

2. Subcontracts with entities that are the sole providers of a product or service are exempt from the competitive bid requirements of this Policy.

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Effective Date: March 5, 2009

Supplement to Policy Regarding Requirement of Two {2) bids

The HRA's Policy Regarding Requirement of Two (2} bids ("Policy"} requires, in part, that each applicant of public financial assistance request and obtain at least two {2} bids for the general contractor/construction manager contract and to award the contract to the lowest responsible bidder. As an alternative to fulfilling this requirement, if an applicant elects to negotiate a contract with a general contractor/construction manager in lieu of obtaining 2 written bids and awarding the contract to the lowest responsible bidder, then the applicant must contact at least 3 potential general contractors/construction managers and consider the following standards in making its decision to award the contract to particular general contractor/construction manager:

1. Experience in constructing the type of improvements being funded in whole or in part by

the HRA. 2. Experience in the construction and management of publicly financed projects and

familiarity with reporting requirements and accounting for public funds. 3. Having the licenses required by state, county and city authorities. 4. Proven track record of bringing similar projects to completion within budget, on-time and in

an industry acceptable manner during the past five years. 5. Having the appropriate material, equipment, facility and personnel resources and expertise

available, or the ability to obtain such resources and expertise, necessary to indicate the capability to meet all contractual responsibilities.

6. Previous and current compliance with federal laws, s ta te statutes, and city ordinances and regulations applicable to the work of a contract.

7. Having sufficient financial resources to perform the contract. 8. Not being a debarred vendor under the City of St. Paul's debarment ordinance; or other

state or federal debarment list. 9. History of complying with the HRA's requirements for affirmation action, apprenticeship

training program, labor standards, vendor outreach program, project labor agreements, and other HRA requirements.

10. History of change orders on projects, including their frequency, size and percentage of total development cost.

11. Amount of proposed overhead profit and charges. 12. Amount of proposed general conditions charges. 13. Amount of proposed contingency.

Each applicant must submit to the HRA: (a) information and documents on the above described standards for each potential general contractor/construction manager, and (b) resulting rationale for selecting a particular general contractor/construction manager, before the HRA makes a decision on awarding any public assistance or executes a contract awarding public assistance.

The other provisions of the Policy remain in full force and effect including without limitation the requirement of receiving 2 bids from subcontractors.

April 14, 2009

Two (2) Bid Policy

Example 1.

Developer has hired architect and has full construction drawings. Developer solicits bids for construction contract. Developer must solicit 2 or more bids from general contractor and award contract to lowest responsible bidder. No need to solicit bids from those subcontractors whose bids are included in general contractor’s bid.

In the case of a subcontractor whose bid is not included in the general contractor's bid but instead contracts directly with the developer, then two (2) or more bids are required from those subcontractors and contracts must be awarded to lowest responsible bidders.

Example 2.

Developer has no construction drawings and wants to retain general contractor/construction manager. Developer can elect to proceed under Supplement to Two (2) Bid Policy and contact at least 3 potential general contractors/construction managers. Developer must consider the 13 factors listed in Supplement and submit to HRA requested information and documents.

Full construction drawings are then prepared. Two (2) or more bids are required from the subcontractors and contracts must be awarded to lowest responsible bidders.

Example 3.

Recipient of public financial assistance is homeowner of single family residence who acts as his own general contractor. Homeowner must solicit 2 or more bids from each subcontractor and award contracts to lowest responsible bidder.

LIMITED ENGLISH PROFICIENCY (LEP)

The City of Saint Paul is committed to providing meaningful access to City services and information to everyone, regardless of language barriers, as required by federal law. Based on data collected from a variety of sources (including the Saint Paul Public Schools and the US Census Bureau), the City of Saint Paul's primary language groups that are non-English include, but are not limited to Spanish, Hmong, and Somali. The federal regulations apply to all City departments, sub-recipients of federal funding, and contracted vendors. Best efforts must be provided to notify about the availability of language services and the Contractor must include the HRA-provided standard language block in English BELOW on the front of all documents, including bid and contract documents, making Contractors aware that language translation is available upon request – for now in Spanish, Hmong and Somali:

Attention: If you want help translating this information, call - Hmong - Ceeb toom. Yog koj xav tau kev pab txhais cov xov no rau koj dawb, Amy 651-266-6568; Spanish - Atención. Si desea recibir asistencia gratuita para traducir esta información, llame a Amy Filice 651-266-6568; Somali - Ogow. Haddii aad dooneyso in lagaa kaalmeeyo tarjamadda macluumaadkani oo lacag la’ aan wac, Amy Filice 651-266-6568.

The City of Saint Paul Department of Human Rights and Equal Economic Opportunity (HREEO) is the lead agency for the City's Limited English Proficiency (LEP) Plan. For LEP materials or questions about this plan, contact HREEO at 651-266-8900 or [email protected]. For now, language translation requests can be given to Amy Filice, HRA / PED, 651-266-6568, [email protected], who will arrange for a translator.



Summary of Saint Paul Living Wage Ordinance January 2019

The Saint Paul City Council has adopted a new Living Wage Ordinance (File 06-1071). This

Ordinance replaces the Living Wage Resolution passed by the Council in 1997 for contracts

executed and subsidies given after February 14, 2007.

Application • The Ordinance applies to the “City” which includes both the City of Saint Paul and the

Housing and Redevelopment Authority of the City of Saint Paul, Minnesota.

• The Ordinance applies to a (a) City Contract which means a contract and any

amendments for services not covered by Administrative Code Section 82.07 valued in the

aggregate at $100,000 or more. A City Contract does not include certain contracts of the

Parks Department and Office of Financial Services or contract health care benefits.

(b) City Business Subsidy which means financial assistance with a value of $100,000 or

more in any of the following forms: grant; contribution of personal or real property;

reduction in interest rates on a loan which is the present value of the difference in the

interest rate given by the City and that rate commercially available to the recipient;

reduction or deferral of any tax, assessment or fee; guaranty of any loan, lease or other

obligation; tax increment financing; revenue bonds; tax credits; or other City

participation. Conduit bonds and infrastructure are not a City Business Subsidy.

(c) City Subcontract which means a contract for services valued at $100,000 or more to

perform a portion of the services described in a City Contract.

(d) Tenant which means the initial for-profit or not-for-profit entity or person that leases

from a City Business Subsidy recipient space in the specific location for which the

subsidy was given, and if there is more than one such initial entity or person, it means the

entity or person that leases the greatest amount of space and any entity or person that

leases space of 15,000 or more square feet.

Requirements-Payment of Living Wage

• Any City Contract or City Subcontract must require payment of a living wage for the

duration of a contract to each employee who is working pursuant to the contract or

subcontract or who is employed in the specific location for which the contract or

subcontract is intended to benefit.

• Any recipient of a City Business Subsidy and Tenant must pay a living wage to each

employee (and in the case of a Tenant to an independent contractor as well) who is

employed in the location for which the subsidy was provided for the longer of the

duration of a City Business Subsidy or 3 years.

• A living wage is 130 percent of the federal poverty level for a family of four ($16.09 for

2019) or 110 percent ($13.62 for 2019) if the employer provides basic health insurance

as that term is defined in the Ordinance.

Exemptions: • Entities- The following entities are exempt from paying a living wage: for-profit entity

that qualifies as a small business under Minn Stat 645.445; 501(c) entity that qualifies

under Minn Stat 645.445, subd. 2; a recipient of a job readiness and training services

contract; a recipient bound by a collective bargaining agreement; an intermediary such as

a community development corporation, community investment group or community

bank, who serve as a pass-through agency for the assistance; and 501(c) entities that are

sole source providers of product or service.

• Employees- A recipient of a City Contract, City Subcontract or City Business

Subsidy and a Tenant may request and obtain from the City Council exemptions from

paying a living wage to the following types of employees: (a) temporary internships

Summary of Saint Paul Living Wage Ordinance January 2019

intended to provide career exposure to new entrants to the workforce lasting no more than

12 consecutive months; (b) individuals placed as a result of a job readiness or job training

program or those persons with serious mental and physical barriers to employment; and

(c) seasonal, part-time or temporary employees whose employment does not reduce or

offset the work of permanent employees provided that no more than 10 percent of such

employees can be exempted and use of such employees is not intended to avoid the

requirements of the Ordinance.

Waiver

• The requirements of the Ordinance may be waived by the City Council or HRA Board

prior to the execution of a City Contract or City Business Subsidy after a public hearing

and a finding of a compelling public purpose.

• After the execution of a City Business Subsidy a recipient who can demonstrate it will

suffer an economic hardship due to the occurrence of significant unforeseen

circumstances beyond its control may request a waiver.

Reporting

• A yearly report on compliance will be required by all recipients for the duration of its

obligation to pay living wages.

Enforcement/Penalties

• PED will enforce the Ordinance with respect to a City Business Subsidy and will

propose regulations to the City Council to administer compliance.

• Office of Financial Services will enforce the Ordinance with respect to a City

Contract and will propose regulations to the City Council to administer compliance.

• Any recipient of a City Contract, City Business Subsidy, City Subcontract or Tenant

must provide written notice to its employees of the Ordinance and a copy of the

Ordinance.

• Any recipient that fails to meet the living wage requirements of the Ordinance is not

eligible for a City Contract or City Business Subsidy in the next contract cycle or

calendar year; and must repay a portion of the contract or subsidy depending on the

level of non compliance.

___________________________________________________________________ 645.445 Small business; definitions Subd. 2. Small business. "Small business" means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity: (a) Is not an affiliate or subsidiary of a business dominant in its field of operation; and (b) Has 20 or fewer full-time employees; or (c) In the preceding fiscal year has not had more than the equivalent of $ 1,000,000 in annual gross revenues; or (d) If the business is a technical or professional service, shall not have had more than the equivalent of $ 2,500,000 in annual gross revenues in the preceding fiscal year. Subd. 3. Dominant in field of operation. "Dominant in its field of operation" means having more than 20 full-time employees and more than $ 1,000,000 in annual gross revenues or $ 2,500,000 in annual gross revenues if a technical or professional service.

Subd. 4. Affiliate or subsidiary of business dominant in field of operation. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation.

PROCEDURE FOR PROJECT LABOR AGREEMENTS September 8, 2009

Reference: Council Resolution 09-584, adopted June 3, 2009. This procedure is applicable to all building construction, parks or public works projects involving a city or HRA contract with $250,000 or more in city or HRA money.

1. A department planning a construction project with $250,000 or more in city or HRA moneymust bring the matter to the City Council for a decision regarding the use of a Project LaborAgreement (PLA) on the proposed project before bidding documents are finalized or cityapproval of the project.

2. Prior to going to the City Council for a decision regarding the use of a PLA on the project, thedepartment must send a written “Notice and Request for Recommendation on the Use of aPLA” (Notice) to all parties having an interest in the project, including, but not limited to, thoselisted in Resolution 09-584. The Notice may be faxed, e-mailed or mailed. A sampleNotice and a sample Response to Notice are attached to this Procedure. Interested parties have10 days to return their recommendation.

3. The department must prepare a resolution for the Council’s decision on the use of a PLA on theproject and a staff report that includes the following:

a. The requesting department’s recommendation regarding the use of a PLA andjustifications for that recommendation.

b. Statement that the Notice was sent in accordance with the “Procedures for Use of aProject Labor Agreement.”

c. Written recommendations and the stated justifications for the recommendationsreceived from interested parties in response to the Notice.

4. Upon request by the Administration, a Councilperson or an interested party, the City Councilwill hold a public hearing as to the City’s need for and interest in a PLA with respect to aproject, at which hearing interested parties may participate.

December 8, 2009

Notice

To: Re: Notice of City of Saint Paul Construction Project (s) and Request for Recommendation on the Use of a Project Labor Agreement Dear Interested Party: The City of Saint Paul is planning the following construction project. Project Description: [It is recommended that department identify the location, size, components and major materials for the project. Example: Remodeling of the Harriet Island Regional Park Clarence W. Wiginton Pavilion, 200 Dr. Jutus Ohange Blvd, Saint Paul, MN 55102. Remodeling includes New restrooms, upgraded kitchen and floor sealing.] Project Address/Location: Estimated Cost: Estimated Start Date: Estimated Project length: Other project facts: Pursuant to City Council Resolution 09-584, as a party that may be interested in this project, your recommendation is requested regarding the use of a Project Labor Agreement for this project. Please indicate on the attached form your recommendation and your reasons for the recommendation, and return the form to the undersigned either by United States Mail to the address listed below, in person, or by e-mail address as listed below. Please respond by __________________ (ten business days from date of letter). Thank you for taking the time to response. Very truly yours, Department Project Person’s name Street Address e-mail address

Response Form Date ______________________ Project ___________________________________________________________________ Name of Interested Party _____________________________________________________ In response to your request, our recommendation on the use of a PLA for this project is as follows: __Yes, a Project Labor Agreement is recommended for the following reasons: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __ No, a Project Labor Agreement is not recommended for the following reasons: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ By _______________________ Name and Title

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1 WHEREAS in undertaking building and construction pazks and public works projects the City of Saint2 Paul has a compelling proprietary and economic interest in ensuring that construction proceeds in a timely3 costeffective manner with the highest deree of quality and with minimal delays and disruption and with4 the highest degree of safety for warkers and the public and

6 WHEREAS a project laboraeement PLA is a form ofmultiemployer multicraft prehire7 collective bargaining agreement covering terms and conditions of employment for construction employees8 on a particular construction proj ect and

10 WHEREAS throughout the country public and private construction owners regularly utilize and require11 PLAs far billions of dollars worth of construction each year and12

13 WHEREAS the City and other public agencies and private owners in the City of Saint Paul have14 successfully completed projects on time and on budget under PLAs for numerous projects and15

16 WHEREAS the Rondo Library PLA entered into by the City of Saint Paul and the Saint Paul Building17 and Construction Trades Council in December 2004 is one example of a PLA entered into by the City and18

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WHEREAS the PLAs entered into by the Saint Paul Public Schools Regions Hospital HealthEastStJosephsHospita Concordia University and Upper Landing and the Saint Paul Building and ConstructionTrades Council are other examples of PLAs entered into by contractors and labor organizations and

WHEREAS the City of Saint Paul wishes to formalize a process in which it reviews building andconstruction parks and public works contracts for the need to include PLAs that establish uniform termsand condirions of employment for the contractors and craft construction employees warking on a projectbecause such have been shown to provide an effective mechanism for overall construction project staffingand planning because they allow project owners to

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Predict their labor costs and requirements upfront and therefore more accurately estimateactual total project costs andPromote costeffective timely and safe construction project delivery by providing accessto a reliable supply of properly trained and skilled construction craft personnel far allaspects of the project andAssure greater productivity and quality from construction craft personnel thereby yieldingcosteffective proj ects while also reducing maintenance and repair costs over the life of theproject andIntegrate wark schedules and standardize work rules for the proj ect to provide a wellcoordinafed efficiently functioning conshuction worksite that will minimize delays fosterlabor harmony promote quality and maintain proj ect safety andAssure that conshuction will proceed without interruptions from staffing shortages hihemployee turnover safety incidents and labor disputes by providing reliable project

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staffing contractual guarantees against work stoppages and mutually bindin proceduresfor resolving disputes and

45 WHEREAS reFerence to the City of Saint Paul in this resolution also includes the Housing and46 Redevelopment Authority of the City of Saint Paul Minnesota47

48 NOW THEREFORE BE IT RESOLVED that consistent with the Citys role as a market participant in49 purchasing construction services the City of Saint Paul may require contractors and subcontractors to50 abide by a PLA as a condition ofworking on a particular building construction parks or public works51 proj ect under the following terms and conditions52

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1 The City shall consider the use of a PLA on all building consriuction parks or public worksprojects involving a City contract with 25000000or more in city money This requirement does notapply if the City is a party to a joint powers agreement with another public entity for the project Anydepartment or agency of the City that plans to undertake such a project shall timely submit the matter to theCity Council for a decision on whether to use a PLA far the particular proj ect Any decision on the use of aPLA must be made before City approval of the project Interested parties shall be given notice of the matterand allowed ten days to respond The City may use a PLA when it determines in the exercise of itsdiscretion that doing so will further its interests in promoting timely costefective and qualityconstruction with minimal delays and disruptions

2 Upon request by the Administration a Councilperson ar an interested party the CityCouncil will hold a public hearing at which interested parties may participate The hearing will be held ontwo weeks notice in the customary manner that notices of City Council meetings are published At thishearing evidence may be presented as to the Citys need for and interest in a PLA with respect to theparticular project

3 The City when considering whether to use a PLA on a particulaz project shall undertake an70 evaluation to determine whether doing so would advance its interests as project owner Relevant criteria71 for considering whether to use a PLA on a particular project include but are not limited to the following72

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a Size of the jobb Cost of the jobc Duration of the jobd Impact of any delayse Amount of construction projects in the area competing for skilled workers

The number of local collecrive bargaining agreements CBAs that will expireduring the term of the project

g Number of crafts and CBAs in the geoaphic areah Whether a majority of successful bidders on prior projects were union employersi Record of good quality and efficient conshuction under previous PLAs andj Impact on achieving vendar outreach program and warkforce goals

4 The City may retain a project manager consultant or assign staff to prepare a reportanalyzing whether it would serve the Citys interests to use a PLA If the City decides based on itsevaluation to use a PLA on a particular project it shall set forth the basis for its decision in writing The

agy88 Citys findings should analyze the particular benefits that a PLA could reasonably be expected to provide89 to the City as project owner90

91 5 When the City has deternuned to use a PLA on a particulaz project the City shall require its92 general contractar to negotiate and enter into a PLA for the particular project93

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6 When the City has determined to require a PLA on a particular project the City shallrequire execurion of a PLA by the general contractor in the bid specifications and in all relevant biddocuments The bid specifications shall make clear that bidding is open to union and nonunioncontractors provided that a contractor that is a successful biddera to become a party to and complywith the PLA while working on the project

Any such PLA used by the City shall meet the following criteria

a The PLA shall be made binding on all contractars and subcontractors working on thesite and shall establish certain uniform job conditions

b The PLA shall set forth binding procedures for resolving any jurisdictional and labordisputes arising during the constnzction process including disputes pertaining toalleged violations of the PLA and in particular alleged violations of the prohibitionagainst strikes lockouts handbilling leafletting or other similar disruptive jobactions

a The PLA shall contain guarantees against strikes lockouts handbilling leaflettingand any other similar job actions that would disrupt construction

d The PLA shall provide that there shall be no discrimination against any employee orapplicant for employment because of his or her membership ornonmembership in aunion or based on race creed color sex age religion or national origin of suchemployee or applicant For all employees not presently members of a union at theoutset of the Project becoming and remaining a member of the union shall not be arequirement for employment under the PLA However any employee who does notbecome a member of the Union shall be required to pay the appropriaterepresentation fee not to exceed dues or fees paid by union members The PLA shallprovide for hiring from the applicable union hiring halls to ensure a steady supply ofhighly skilled and trained craft workers The PLA shall provide that there shall be nodiscrimination in refenals or employment against any employee or applicant foremployment because of his or her membership ornonmembership in a union orbased on race creed color sex age religion or national origin of such employee orapplicant and

e The PLA shall not require any contractor to be or become a party to a collectivebargaining agreement on any other construction project in order to qualify to workunder a PLA implemented for a particular project

f The PLA shall require parties to make a demonstrable effort to achieving thefollowing objectivesi Workforce diversity reflective of the region in parinership with capacity

strengthening employment programs such as Minnesota Build Apprenticeship Opporiunities Program orany other local state or national efforts that are recognized for achieving workforce diversity

ii Maximum use of local businesses

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Maximum use of sma11 businesses andMaYimum use of minority women and low income persons and businessesin a manner consistent with applicable federal state and local lawsrewlations policies and ant requirements

g The Department of Human Rights and Equal Economic Qpportunity shall collectand analyze data on the effectiveness of PLAs on achieving the goals and objectivesstated in this Resolution and report its findings and recommendations to the Mayorwithin svc months following the passage of this Resolution and annually thereafter

BE IT FURTHER RESOLVED that City staff of the Department ofHuman Rights and Equal EconomicOpportunity notify potentially interested parties including but not limited to Asian American Chamber ofCommerce Asian American Contractors Association Associated Builders and Contractors AssociatedGeneral Contractors of Minnesota Association of Women Contractors Hispanic Chamber of Commerceof Minnesota Minnesota American Indian Chamber of Commerce National Association of MinorityContractors Upper Midwest Saint Paul and Minneapolis National Black Chamber of Commerce SaintPaul Building and Construction Trades Council Saint Paul Area Labor Federation USPan Asian AmericanChamber of Commerce of this resolution and request that they indicate whether or not they wish to benotified of projects with 250000 or znore in CityHRA money

Bostrom

Carter

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Adopted by Council Date

Requested by Department of

W hllBycJOiltReSclApproved by the Office of Falancial Services

Adoption Certified by CounciSecretaryL

By 5 lr

Appxo y y ate

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By

Approved C 9 e

By

Approved by Mayor foiSbmissiontCouncilBY sJIP thni

Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet

M Ma osOfficeDate Initiated j

Y2Yo9 Green Sheet NO 3070817

j ConWct Person PhoneKris Fredson2668534

Must Be on Council Agenda by Date

Doc Type RESOLUTION

EDocumentRequired Y

Document Contact

Contact Phone

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Assignj Number

For

Routingi Ordef i

Total of Signature Pages Clip All Lowtions for Signature

Council Resolution establishing a Project Labor Agreement policy requiring the City upon request by the Administration aCouncilperson or an interested party to consider the use of a PLA on all building and construc6on parks or public works projectsinvolving a contract over 250000 or more in City money

Recommendations Approve A or Reject RPlanning Commission

CB Committee

Civil Service Commission

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Personal Service Contracts Must Answer 1he Following Questions

1 Has this personfirm ever worked under a contract tor this departmeniYes No

2 Has this personrmever been a city employeeYes No

3 Does this personfirm possess a skill not normally possessed by anycurrent ciry employeeYes No

Explain all yes answers on separate sheet and attach to green sheet

Initiating Problem Issues Opportunity Who What When Where Why

Advantages If Approved

Disadvantages IfApproved

Disadvantages If Not Approved

Total Amount ofTrensaction

Funding Source

Fi nancial InformationExplain

CostlRevenue Budgeted

Activity Number

May 27 2009 1247 PMPage 1

Request for Proposals (RFP) Release Date: July 8, 2019

Documents

Transcript of Request for Proposals (RFP) Release Date: July 8, 2019