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09-08 Bill No. 2020-11BILL NO. 2020-11 AN ORDINANCE ESTABLISHING A PREVAILING WAGE POLICY FOR CITY FUNDED PROJECTS WITH ESTIMATED COSTS OF $300,000 OR MORE THE CITY OF RICHFIELD DOES ORDAIN Section 1. The Richfield Code of Ordinances is amended by adding the following new Section: SECTION 435. PREVAILING WAGE REGULATIONS 435.01. - Purpose. It is in the public interest that developments and buildings constructed with financial assistance from the city be constructed and maintained by the best means and highest quality of labor reasonably available and that persons working on the buildings and developments be compensated according to the real value of the services they perform and that wages of laborers, workers and mechanics on developments and buildings financially assisted by public funds be comparable to wages paid for similar work in the community as a whole. 435.03. - Definitions. Subdivision 1. The following definitions apply in this Section (a) "Basic Hourly Rate" means the hourly wage paid to any employee (b) "Prevailing Wage Rate" shall have the meaning contained in Minn. Stat. §177.42, Subd. 6, as determined for the area including the City of Richfield by the Minnesota Department of Labor and Industry. (c) "Apprentice" means a person employed and registered in a bona fide apprenticeship program registered with the U.S. Department of Labor or with a state apprenticeship agency. "Apprentice" shall also include a person in the first 90 days of probationary employment as an apprentice who is not registered in the program but who has been certified by the U.S. Bureau of Apprenticeship and Training or a state apprenticeship agency or council to be eligible for probationary employment as an apprentice. (d) "Project' means erection, construction, reconstruction, remodeling, demolition, or routine maintenance of City streets, utilities, storm water infrastructure, buildings or parks where the estimated cost of the work exceeds $300,000 and the City of Richfield (City) or the Richfield Housing and Redevelopment Authority (HRA) lets the work under contract and the project is financed in whole by City or HRA funds. This includes projects where the City or HRA has received funds previously from another source and uses such funds for the Project. "Project' shall not include contracts for the purchase, rental, repair, or maintenance of motor vehicles or other equipment or personal property. Contracts involving the insertion of public funds, such as tax increment financing, shall not be considered a Project unless the City or HRA is a direct party to the contract. Bill No. 2020-11 1 (e) "Laborer, Mechanic" means all persons utilized, employed, or working on a Project who are doing work usually done by mechanics and laborers, including proprietors, partners, and members of cooperatives. 435.05. - Wage and Hours for City and HRA Projects. Subdivision 1. Any contract for a Project with an estimated total cost of over $300,000 shall contain a stipulation that no laborer, mechanic, or apprentice employed directly upon the Project work site by the contractor or any subcontractor shall be permitted or required to work at a rate of pay less than the Prevailing Wage Rate. Subd. 2. The prevailing wage rates, prevailing hour of labor and hourly basic rates of pay shall be set forth specifically in the contract. All contracts for Projects must include applicable schedules of prevailing wage rates. Schedules of applicable prevailing wage rates shall be present on all Project job sites and shall either be posted on the site or be on the person of any supervisor in charge of the job site. Subd. 3. Upon request of the City or HRA, any contractor or subcontractor working on a Project shall furnish the City or HRA with a copy of all payrolls relating to the Project. Such payroll reports shall be submitted on U.S. Department of Labor Standard Forms or their equivalent to the employee of the City or HRA in charge of supervising contract performance. Payroll so submitted shall include the classification of each employee and shall set out accurately and completely all the information required to be maintained under 29 C.F.R. part 5, section 5.5(a)(3)(i). Subd. 4. No contractor or subcontractor working on a Project shall evade or attempt to evade the provision of this Section through the use of non -recognized training programs. The only employees involved in training programs that shall be allowed to work on Projects covered by this Section shall be Apprentices. 435.07. - Applicability. This Section shall not apply to contracts for projects estimated to cost less than $300,000; nor to employees who do no more than deliver materials to the work site. This Section shall apply to employees who deliver asphalt, concrete, or mineral aggregate such as sand, gravel, or stone where such material is incorporated into the Project by depositing the material substantially in place, either directly or through spreaders, from the transporting vehicle. 435.09. - Violations and Penalties. Subdivision 1. The contractor shall be the responsible party to ensure the payment of prevailing wages by the contractor or by any subcontractor employed by or performing work as a part of a Project. Subd. 2. A contractor or any subcontractor who violates the prevailing wage provisions of a contract shall be liable directly to the underpaid laborer or mechanic for the unpaid wages. A contractor or subcontractor, by agreeing to perform work on a Project, agrees that laborers or mechanics have such a cause of action against the contractor or subcontractor. Subd. 3. Failure to pay prevailing wages may result in, but is not limited to: contract payment delay, cancellation of the contract, non -issuance of a tax increment financing note, or delay, reduction, or cessation of tax increment note payments. Subd. 4. Upon receipt by the City or HRA of a written complaint alleging a violation of Bill No. 2020-11 thisSection or on the initiative of the City or HRA, the City or HRA may refer the complaint to the Minnesota Department of Labor and Industry to determine whether there has been a violation of this Section. If the Minnesota Department of Labor and Industry declines to conduct an investigation, the City or HRA may elect, in its own discretion, to either investigate the matter or refer it to an independent investigator. The City, HRA, and the Minnesota Department of Labor and Industry shall have the right to interview, during working hours, any employees, whether employees of the contractor or any subcontractor. Subd. 5. Any person violating this Section shall be guilty of a misdemeanor with each day of violation constituting a separate offense. Section 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this 8th day of September, 2020. ATTEST: I va_'� Elizabeth VanHoose, City Clerk 1QmA,PuwjAe Maria Regan Gonzalez, Mayor Bill No. 2020-11 STATE OF MINNESOTA COUNTY OF HENNEPIN AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD B|LL NO.2020-11 AN ORDINANCE ESTABLISHING A PREI'AILING WAGE POLICY FOR CITY FUNDED PROJECTS WITH ESTIMATED COSTS OF $300,000 0R MoRE THE CITY OF RICHFIELD DOES ORDAIN: Section l. The Richfield Code of Ordinances is amended by adding the following new Section: SECTION 435. PREVAILING WAGE REGULATIONS 435.01. - Purpose. It is in the public interest that developrnents and buildings con- structed with financial arssistance frcm the city be constructed and rnaintained by the best means and highest quality of labor reasonably available and that persons working on the buildings and developments be compensated accoding to the real value of the services they per- form and that wages of laborers, workers and m€chanics on devel- opments and buildings financially assisted by public funds be com- parable to wages paid for similar work in the community as a whole. 435.03. - Definitions. Subdivision 1. The following definitions apply in this Section: (a) "Basic Hourly Rate" means the hourly wage paid to any em- ployee. (b) "Prcvailing Wage Rate" shall hav€ the meaning contained in Minn. Stat. 5177.42, Subd. 6, as determined for the area including the City of Richfield by the Min- nesota Department of Labor and lndustry. (c) "ApprBntice" means a peEon employed and registered in a bona fide apprenticeship program regis- tercd with the U.S. Department of Labor or with a state apprentice- ship agency. "Apprcntice" shall also include a person in the first 90 days of prcbationary employment as an apprentice who is not regis- ter€d in the prcgftim but who has been certified by the U.S. Bureau of Apprenticeship and Training or a state apprenticeship agency or council to be eligible for probation- ary employment as an apprentice. (d) "Project" rn€ans erBction, construction, reconstruction, re- modeling, demolition, or routine rnaintonance of City streets, util- ities, storm water infrastructure, buildings or parks where the es- timated cost of the work exceeds $300,000 and the City of Flichfield (Ciry) or the Richfield Housing and Redevelopment Authority (HBA) lets the work under contract and the prciect is financed in whole by City or HRA funds. This includes projects wheie the City or HRA has received funds previously from an- other source and usos such funds for the Project. "Proiect" shall not include con- tracts for the purchase, r€ntal, repair, or maintenance of motor vehicles or other equipment or per- sonal property. Contracts involving the insertion of public funds, such as tax increment financing, shall not be considerBd a Project unless the City or HRA is a di,ect party to the contract. (e) "Laborel Mechanic" means all persons utilized, employed, or working on a Project who are doing work usually done by mochanics and laborers, including proprietors, partners, and members of cooper- atives. 2135.05. - Wage and Hours for City and HRA Projects. Subdivision l. Any contract for a Proiect with an estimated total cost of over $300,000 shall contain a stipulation that no laborer, mechan- ic, or apprentice employed directly upon the Project work site by the contractor or any subcontractor shall be permitted or required to work at a rate of pay less than the Prevailing Wage Rate. Subd. 2. The prevailing wage rates, prevailing hour of labor and hourly basic rates of pay shall be set forth specifically in the contract. All contracts for Proiects must in- clude applicable schedules of pre- vailing wage rates. Schedules of applicable prevailing wage rates shall be present on all Project job sites and shall either be posted on the site or be on the person of any supervisor in chargo of the job site. Subd. 3. Upon request of the City or HRA, any contractor or subcontractor working on a Proiect shall fumish the City or HRA with a copy of all payrolls relating to the Project. Such payoll reports shall be submitted on U.S. Department of Labor Standard Forms or their equivalent to the employ€e of the City or HRA in charge of supervis- ing contract performance. Payroll so submitt6d shall include the clas- sification of each employee and shall set out accurately and com- pletely all the information required to be maintained under 29 C.F.R. part 5, section 5.5(4(3X0. Subd. 4. No contractor or sub- contractor working on a Project shall evade or attempt to evade the provision of this Section through the use of non-recognized faining programs. The only employees in- volved in training programs that shall be allowed to work on Proj- ects coverEd by this Section shall be Apprentices. 435.07. - Applicability. This Section shall not apply to contracts for projects astimated to cost less than $300,000; nor to employees who do no mor€ than doliver materials to the work site. This Section shall apply to employ- e€s who deliver asphalt, concrete, or mineral aggrEgate such as sand, gravel, or stone where such mate- rial is incorporated into the Proiect by depositing the material sub- stantially in phce, either directly or through sprcaders, from the trans- porting vehicle. 435.09. - Viohtions and Penal- ties. Subdivision 1. The contractor shall be the responsible party to ensurB the payrnent of prBvailing wages by the contractor or by any subcontractor employed by or per- forming work as a part of a Proiect. Subd. 2. A contractor or any subcontractor who violates the prsvailing wage provisions of a contract shall bo liable directly to the underpaid laborer or mechanic for the unpaid wages. A contrarctor or subcontracto( by agr€oing to perform work on a Project, agrees that laborers or mechanics have such a cause of action against the contractor or subcontractor. Subd. 3. Failure to pay pr€vail- ing wages may result in, but is not limited to: contract payment de- lay, cancellation of the contract, non-issuance of a tax increment financing note, or delay, reduction, or cessation of tax incrBment not€ payments. Subd. 4. Upon rsceipt by the City or HRA of a written complaint alleging a violation of thissection or on the initiative of the City or HRA, the City or HRA may refer the com- plaint to the Minnesota Department of Labor and lndustry to d€termine wh€ther therB has been a violation of this Section. lf the Minnesota Department of Labor and lndustry declines to conduct an invesliga- tion, the City or HRA may elect, in its own discretion, to either inves- tigate the rnatt€r or refer it to an independent investigator. The City, HRA, and the Minnesota Depart- ment of Labor and lndustry shall have the right to interview, during working hours, any employees, whether employees of the contrac- tor or any subcontractor. Subd. 5. Any person violat- ing this Section shall be guihy of a misdemeanor with each day of violation constituting a separate offense. Section 2. This ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City of Richfield this 8th day of Soptembe[ 2020. Maria Regan Gonzalez, Mayor ATTEST Elizabeth VanHoose City Clerk Published in the Sun Cunent September 17,2O2O 1 07491 6 ),, Diane Erickson being duly sworn on an oath, states or affrrms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualilica- tion as a qualified newspaper as provided by Minn. Stat. $331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion bengot09ll712020 aud the last insertion being on 0911712020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. $580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in 9580.033, subd. l, clause (l) or (2). If the newspaper's known office of issue is located in a county adjoining the couuty where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or aflirmed before me oa09ll7l2020 by Diane Erickson. Notary Public Rate Information: (l) Lowest classihed rate paid by corrmercial users for comparable space: $34.45 per column inch Ad ID 1074916 Notary Public M in nesota 31,2024 DARLENE MARIE liy Commtssion Eryrrcs