89-573 WHITE - CITV CLERK
PINK - FINANCE � COURCII
BLUERV - MAVORTMENT, GITY O AINT PAUL File NO• ��'��I
Counci esolution �
Presented By
eferred To �� ��� ��-�,��� T=�-r'
Committee: Date
Out of Committee By Date
WHEREAS, on some of City of Saint Pau ro d and bridge constr�uction or
improvement projects, the City finances e h in whole or in part the pro{ect or
projects with federal funding, and
WHEREAS, pursuant to Minnesota Statu s, an 161.36 the Commissioner of
Tran�ortation of the State of Minnesota cts as the City's agent in accepting federal
aid on the City's behalf, for road and brid struction and in contracting fa the
consh�uction, improvement or maintenan o roads or bridges financed either in
whole or in part with federal funds, now, er fore
BE IT RESOLVED, thai pursuant to secti 61.36, Subdivision 1 through 6,
Minnesota Statues, the Commissioner of Tr sportation be appointed as agent of the
City of Saint Paul to let as its agent, con �a for the construction of local roads and
bri�es financed in whole or in part with e al funds, and
BE IT FURTHER RESOLVED, that the y and proper City Officers are hereby
authorized and drrected on behalf of the ity to enter into and execute a contract with
the Cammissioner of Transportation pre ib ng the terms and conditions of such
contracts in the form set forth and contai ed in "Minnesota Department of
Transportation Agency Ageement".
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond public WC�']�s (DJp) 3--16-89
�.ong In Fav r
Gosw;tz
Rett�°a° Q B
Scheibel A gai n s Y
Sonnen
Wilson �
Form App ed by City Attor
Adopted by Council: Date
Certified Yass b ouncil , re By
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t#pprove IVlav : _ � " 2 8 � � Appr by Mayor for mi ion to Council
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PUBUS�,'� P�i�1`r �-� t� 19 9
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Members:
CITY F SAINT PAUL Roger J. Goswitz� chair
�����,,,,, Janice Rettman
im �io n , OFFIQ� F HID CITY COQNOIL Tom Dimond
Date: April 19, 1 89
Co ittee Report ��Eiv�°
• p�pR 191959
To: Saint Paul City Cou ci �;��� cLE�t��
From :Public Works, Util ti s, and Transportation
Committee
. Roger J. Goswitz, C air
The Public Works Committee at ts eeting of April 19, 1989 took the following
action:
l. Approval of minu es f April 5, 1989.
Hearing Date �
2. 4/25/89 RATIFICATION OF A OF DAMAGES: Condemning Approved
and taking per ne t easements for street 3-0
purposes and for ti ity and drainage purposes
in Hazel Park Ad it on and Hazel�Park Villas
for the� FLAN U CASE AREA STORM SEWER
PROJECT.
3. 4/25/89 RATIFICATION OF A OF DAMAGES: Condemning Approved
and taking perm ne t utility easements in 3-0 ,
certain parts of Ri e Street Villas for the
ALBEMARLE/NEBRAS A EA STORM SEWER SEPARATION
PROJECT. Easemen r quired by the MWCC.
4. 4/25/89 RATIFICATION OF A OF DAMAGES: Condemning Approved _
and taking perm ne t easements for utility 3-0
purposes in cert in parcels in Soo Line Plat
No. 2 and Rice tr et Villas. Part of the
ALBEMARLE/NEBRAS A EA STORM SEWER PROJECT. .
5. 4/25/89 RATIFICATION OF A SE SMENTS: for work started Approved
during 1988 cons ru tion season. Improving 3-0
ST. CLAIR AVE UE from Cretin Avenue to
Snelling Avenue w th a lantern style lighting
system.
6. 5/2/89 FINAL ORDER: F r constructing a sanitary Approved
sewer and sewer on ections in HALL LANE from 3-0
Delos Street to 3 0 feet north of Delos
Street. •
7. 5/2/89 FINAL ORDER: F onstructing a sanitary Approved
sewer and sewer n ctions in MARION STREET 3-0
from Larpenteur A nu to Idaho Avenue.
CITY HALL SEVENTH FL OR SA[NT PAUL, MINNESOTA 55102
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8. 5/2/89 RATIFICATION F AWARD OF DAMAGES: For Approved
opening, widen ng and extending EAST SHORE 3-0
DRIVE by takin a d condemning the southerly
610 feet of Gov rn ent Lot 1.
9. 5/2/89 FINAL ORDER: Si ewalk reconstruction with Approved
integral curb o t e North side of W. SEVENTH 3-0
STREET from S it Avenue to Forbes Avenue;
East side SMIT AV NUE from W. Seventh Street
to Forbes Aven , and West side FORBES AVENUE
from Smith Ave e o W. Seventh Street. (Laid
over in Commit e rom 4/5/89) .
10. UPDATE: On co st ction of IRVINE AVENUE AREA Laid Over In
STORM SEWER RO ECT AND STREET PAVING AND Committee
LIGHTING PROJ CT. (Laid over in Committee Indefinitely
3/8/89) .
11. RESOLUTION 89 36 : Authorizing proper City Laid Over In
officials to ease to Naegele Outdoor Committee
Advertising, nc property located at 1060 W. Two Weeks to
SEVENTH STREE o display advertising sign. 5-3-89.
(Laid over in om ittee 3/22/89) .
12. DISCUSSION: I pr vements in WHEELOCK PARKWAY Laid Over In
from Edgemon t. to 100 feet east of Committee
� Edgemont. Indefinitely
13. RESOLUTION 89' 23 : Authorizing approval of Laid Over In
Ramsey County la s to reconstruct LARPENTEUR Committee
between 35-E a d dgerton, bridge construction Indefinitely
over Soo Line R nd right-of-way acquisition.
(Laid over in o ittee 3/8/89) .
14. RESOLUTION 89 52 : Authorizing proper City Approved
officials to xe ute an agreement with Ramsey 3-0
County to prov de for payment of approximately
$10,000 from C un y Aid Fund for City's share
of sidewalk, ti ities, curb and gutter costs
associated th the reconstruction of MC
KNIGHT ROAD nd Minnehaha. (Referred to
Committee 3/2 /8 .
15. RESOLUTION 8 -5 9: Amending the 1988 CIB Approved
Budget by a di g $373,500 for the MINNEHAHA 3-0
AVENUE PROJE T rom White Bear to McKnight.
(Referred to o ittee 4/4/89) .
16. RESOLUTION 8 -5 0: Amending 1989 CIB Budget Approved
by adding 75 ,550 for MSA contingency. 3-0
(Referred to o ittee 4/4/89) .
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Revised 1?/1988
Office �f State Aid
MINNESOTA D PA MENT OF TRANSPORTATION
EN Y AGREEMENT
This Agreement made nd entered into by and between the City
of he ei after referred to as the "City" and
the Comnissioner of Tran po tation of the State of Minnesota
hereinafter referred to as he "Comnissioner",
WITNESSETH:
WHEREAS, pursuan t M.S. 161.36 the City desires the
Comnissioner to act as its ag nt in accepting federal aid on the
City's behalf, for road and b idge construction and in contracting
for the construction, impro em nt or maintenance of roads or bridges
financed either in whole or pa t with federal moneys; and
WHEREAS, M.S. 161.36 S bdivision 2, requires that the terms
and conditions of the agenc b set forth in an agreement;
NOW, THEN, IT IS AGR ED:
-I-
That pursuant to M. . 61.36, the City does hereby appoint
the Cortmissioner its agent wi h respect to all federally funded
projects, to accept and rec 've all federal funds made available for
said projects and to let c ntracts pursuant to law for the
construction and improvement of local roads and bridges.
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Fach contract will be in accordance with plans and special
provisions for said projects on file in the Department of
Transportation, State Transportation Building, St. Paul , Minnesota
55155, and the latest edition of "Standard Specifications for
Construction" and all amendments thereof, which said plans, special
provisions and specifications are made a part of this agreement by
reference as though fully set forth herein.
In the letting of said contract, it is hereby agreed that the
following procedures shall be followed, to-wit:
A. The Commissioner shall cause the advertisements calling for
bids on said work to be published in the "Construction Bulletin".
He shall also cause advertisements for bids to be published in the
officially designated newspaper of the City. Said advertisement or
call for bids shall specify that sealed proposals or bids wi11 be
received by the City Purchasing Agent of on
behalf of the Cortmissioner as agent of said City. Proposals, plans
and specifications shall be available for the inspection of
prospective bidders at the office of the Department of
Transportation, St. Paul , Minnesota 55155, and at the office of
said City Purchasing Agent and the advertisement shall so state.
The bids received in response to said advertisement for bids shall
be opened for and on behalf of the Comnissioner by a District
Engineer of the Department of Transportation or such other engineer
of the Department of Transportation as may be from time to time
selected by the Comnissioner. After said bids shall have been
opened, the City council shall first consider the same and thereupon
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transmit to the Comnission r 11 bids received together with its
recorrnnendation that the low st id submitted by a responsible bidder
be accepted or that all bids be rejected.
Upon receipt of all said bid , he Comnissioner shall duly cause all
of said bids to be tabulate a d shall thereupon determine who is
the lowest responsible bidde a d shall award the contract to the
lowest responsible bidder or ha 1 reject all bids.
B. The Commissioner sh 11 supervise and have charge of the
construction of said projects af er the same has been let. The City
agrees to furnish its City En in r or other registered engineer and
assign him to the active supe is'on and direction of the work to be
performed under any contract l t for the aforesaid projects. Said
engineer so assigned shall act u der the supervision and direction
of the Comnissioner.
The City further agrees to fu is such other personnel , services,
supplies and equipment as shal b necessary in order to properly
supervise and carry on said wor .
C. The Commissioner may ma e changes in the plans or the
character of the work as shall b recommended by the engineer in
charge of the work. If he c cu s in such recommendations, the
Comnissioner may enter into, or and on behalf of the City,
supplemental agreements with the c ntractor for the performance of
any extra work or work occasione b any necessary, advantageous, or
desirable change in plans or con tru tion.
It is understood by the City that th Commissioner cannot personally
investigate and pass �udgement o t e various items of extra work
and plan changes necessary and de ir ble during the construction of
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the �►rojects but that he must delegate such duties to engineers
� under his supervision and control that are employed by the Minnesota
Department of Transportation. The City does hereby authorize these
engineers, so delegated by the Comnissioner, to enter into, for and
on behalf of the City, the supplemental agreements specified in the
preceding paragraph hereof.
D. The City hereby authorizes its City Engineer, for and on
behalf of the City, from time to time, during the progress of the
work on said projects, to request the Comnissioner to furnish for
use on said projects specific engineering services to be performed
by skilled employees of the Minnesota Department of Transportation.
The Comnissioner may but is not obligated to furnish the services so
requested. If the Commissioner in compliance with such request
shall furnish for the use of the City on said projects the services
of any Minnesota Department of Transportation employee, then and in
that event, the City agrees to reimburse the Trunk Highway Fund for
the full cost and expense of the furnishing of such services
including all costs and expenses of any kind or nature whatsoever
arising out of, connected with, or incidental to the furnishing of
such services.
E. The Commissioner shall receive the funds to be paid by the
City and the funds to be paid by the United States as federal aid
funds for said projects and to pay therefrom when due any and all
sums that may become due the contractor to whom the contract is
awarded, and upon final completion and acceptance of the work, to
pay from said funds the final estimate to said contractor for said
work.
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F. The Comnissioner s al perform on behalf of the City all
other acts and things ne es ary to cause said projects to be
completed in a satisfactory ma �er.
G. The Commissioner m y nter into any agreement for and on
behalf of the City with th U ited States or any officer or agent
thereof that may be requ're or necessary for the purpose of
procuring and actually cau in to be paid the federal aid funds
available for said project an to that end to bind and commit the
City in such agreement to th performance of any and all things
required by any law of he United States or of any rule and
regulation issued by feder 1 thority pertaining thereto necessary
for the purpose of proc ri g and havinq paid the federal aid
available for said project .
H. It is the poli y of the United States Department of
Transportation and the Min es ta Department of Transportation that
Disadvantaged Business Ent rp ises as defined in 49 CFR, Part 23,
and the Surface Transporta io and Uniform Relocation Assistance Act
for 1987, shall have the ax mum opportunity to participate in the
performance of contracts f na ced in whole or in part with federal
funds. Consequently, the eq irements of 49 CFR, Part 23, apply to
this agreement. In this r ga d, the Comnissioner and the City shall
take all necessary and rea on ble steps in accordance with 49 CFR,
Part 23, to insure that Di ad antaged Business Enterprises have the
maximum opportunity to co pe e for and perform on contracts and
subcontracts. The Commiss'on r and the City shall not discriminate
on the basis of race, col , ational origin,or sex in the award and
performance of federally n d contracts.
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Failure to carry out the above requirements shall constitute a
breach of this agreement and may result in termination of the
agreement or other such remedy that the Cortmissioner deems
appropriate.
I. The Commissioner may perform on behalf of the City any other
and further acts as may be necessary or required under any law of
the United States or of any rule or regulation issued by proper
federal authority in order to cause said projects to be completed
and to obtain and receive the federal aid made available therefor.
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The City agrees that it will from time to time, after the
execution of this agreement, make such reports, keep such records
and perform such work in such manner and time as the Comnissioner
shall from time to time request and direct so as to enable the
Cortnnissioner as its agent to collect for it the federal aid sought.
Said records and reports shall be retained by the City in accordance
with the Commissioner's record retention schedule for federal aid
projects.
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It is anticipated that the United States will pay to the
Commissioner as the agent of the City, the federal aid funds
available to said City toward the construction of said projects. It
is further anticipated that the contracts to be let by the
Cortnnissioner as the agent of the City, for the construction of said
projects shall provide that the contractor, as the work progresses,
shall , from time to time, be paid partial payments designated in
said contract as partial estimates and on the completion and
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acceptance of said work to be paid a final payment designated in
said contract as a final es im te for all work performed.
The City further agr es that any City funds and/or Municipal
State Aid Funds to be ap li d to any contract covered by this
agreement shall be deposit d with the Commissioner in accordance
with Minnesota Rules Chapte 8 20.1500 Subp. 3.
At regular monthly in ervals after contractors shall have
started work under contract et by the Corrmissioner as agent for
the City for the constru ti n of said projects, the engineer
assigned to and in charg f said work shall prepare partial
estimates in accordance wi h he terms of said contracts let for
said projects and the pr ce ures established by the Office of
Construction and Contract Ad inistration Minnesota Depa�rtment of
Transportation. The said en ineer in charge of said work shall
imnediately after preparing ea partial estimate, transmit the same
to the Comnissioner in duplica e. Each partial estimate shall be
certified by the engineer i ch rge and by the contractor performing
such work. The said engine a signed to and in charge of said work
shall also prepare and submi t the Cortanissioner the final estimate
data, together with the requ re project records in accordance with
the terms of said contract et for said projects. Quantities
listed on said partial and in 1 estimates shall be documented in
accordance with the guide in s set forth in the applicable
documentation manual . Afte t e approved final estimate has been
submitted to the Commissione , he City will pay to the
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Cortanissioner any additional amount which together with the federal
funds received for that project will be sufficient to pay all the
contract costs of the project.
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When the contractor shall have completed the work on said
projects, the City agrees to inspect the same and forthwith upon the
completion of said inspection advise the Commissioner whether or not
the work performed should be, by the Cortmissioner as its agent,
accepted as being performed in a satisfactory manner. In the event
the City should, after said inspection, reconmend to the
Commissioner that he should not accept said work, then the City
shall at the time such reconanendation is made specify in
particularity the defects in said work and the reasons why the work
should not be accepted. It is further agreed that any
recommendations made by the City are not binding on the Commissioner
but that he shall have the right to determine whether or not the
work has been acceptably performed and to accept or reject the work
performed under any said contract.
-V-
It is further agreed that the decision of the Commissioner on
the several matters herein set forth shall be final , binding and
conclusive on the parties hereto.
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It is anticipated that the entire cost of said projects is to
be paid from funds made available by the United States, by way of
federal aid, and by the City. If for any reason the United States
fails to pay any part of the cost or expense of said projects, then
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and in that event the City agr es to pay the same. The City further
agrees to pay any and all cl ims or demands of any kind or nature
whatsoever arising out of or in idental to the performance of the
work under any contract let f r aid projects in the event that the
United States does not pay th s me, and in all events, agrees to
save the State of Minnesota nd the Commissioner from said claims
and from any claims arising t f this agreement and to pay any and
all expenses and costs c nn ted with said projects or the
construction thereof which t e nited States does not pay.
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The City further agre s hat:
A. All right-of-way acqu'si ion and relocation will be conducted
in accordance with 49 CFR Pa 25. Procedures implementing this
regulation are contained n n/DOT State Aid Manual Chapter 5-
892.310.
(Additional �guidance may be ob ained by referring to the FHWA's Real
Estate Ac uisition Guide f L cal Public A encies) .
B. If the City rec iv total direct and indirect federal
assistance of:
1. $100,000 or m re per year, the City agrees to obtain a
financial and compliance ud t made in accordance with the Single
Audit Act of 1984 (P.L. 98 50 ) and Office of Management and Budget
(OMB) Circular A-128. Th 1 and circular provide that the audit
shall cover the entire op ra ions of the City government or, at the
option of the City govern en , it may cover departments, agencies or
establishments that rece ve , expended, or otherwise administered
federal financial assista ce during the year. However,
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if the City government receives $25,000 or more in General P,evenue
Sharing Funds in a fiscal year, it shall have an audit of its entire
operations.
2. Between $25,000 and �100,000 per year, the City agrees
to obtain either -
a. a financial and compliance audit made in accordance
with the Single Audit Act of 1984 and OMB Circular A-128, or
b. a financial and compliance audit of all federal
funds. The audit must determine whether the subrecipient spent
federal assistance funds in accordance with applicable laws and
regulations and the audit must be made in accordance with any
federal laws and regulations governing the federal programs the
subrecipient participates in.
Audits shall be made annually unless the state or local
government has, by January 1, 1987 a constitutional or statutory
requirement for less frequent audits. For those governments, the
cognizant agency shall permit biennial audits, covering both years,
if the government so requests. It shall also honor requests for
biennial audits by governments that have an administrative policy
calling for audits less frequent than annual , but only for fiscal
years beginning before January 1, 1987.
The audit shall be made by an independent auditor. An
independent auditor is a state or local government auditor or a
public accountant who meets the independent standards specified in
the General Accounting Office's Standards for Audit of Governmental
Organizations, Programs, Activities, and Functions._
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The audit report s 11 state that the audit was performed in
accordance with the provis 'on of OMB Circular A-128 (or A-110 as
applicable) .
The audit report sh 11 include:
1) The auditor's re ort on financial statements and on a
schedule of federal assis an ; the financial statements; and a
schedule of federal assist ce showing the total expenditures for
each federal assistance pr gr m as identified in the Catalog of
Federal Domestic Assistance ederal programs or grants that have
not been assigned a catalo umber shall be identified under the
caption "other federal assi ta ce".
2) The auditor's re rt on the study and evaluation of
internal control systems m st identify the organization's
significant internal accou ti g controls, and those< controls
designed to provide reasonab e assurance that federal programs are
being managed in compliance it laws and regulations.
It must also identify the co ro s that were evaluated, the controls
that were not evaluated, and he material weaknesses identified as a
result of the evaluation.
3) The auditor's repo t n compliance containing:
a) A statement f positive assurance with respect to
those items tested for compli nc , including compliance with law and
regulations pertaining to fina ci 1 reports and claims for advances
and reimbursements;
b) Negative assura ce on those items not tested;
c) A summary of al i stances of noncompliance;
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d) An identification of total amounts questioned, if
any, for each federal assistance awarded, as a result of
noncompliance;
e) A statement on the status of corrective action taken
on prior findings; and
f) Refer to the use of the standards required by the
Minnesota Legal Compliance Audit Guide for Local Governments,
prepared by the Office of the State Auditor. The purpose of this
guide is to establish compliance guidelines for verification by
auditors auditing political subdivisions of the state.
In addition to the audit report, the recipient shall
provide comments on the findings and recortmendations in the report,
including a plan for corrective action taken or planned and comments
on the status of corrective action taken on prior findings. If
corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative
Auditor, and any independent auditor designated by the grantor shall
have such access to grantee's records and financial statements as
may be necessary for the grantor to comply with the Single Audit Act
and OMB Circular A-128. Required audit reports must be filed with
the Office of the State Auditor, Single Audit Division and state
agencies providing federal assistance, within six months of the
City's fiscal year end.
If a federal cognizan� audit agency has been assigned for the City,
copies of required audit reports will be filed with that agency
also.
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Recipients of m re than $100,000 in federal ass;stance
must also submit one copy of the audit report within 30 days after
issuance to the central clea inghouse. Audit reports should be sent
to:
Burea o Census
Data re aration Division
1201 as lOth Street
Jeffe so ille, Indiana 47132
Attn: Si gle Audit Clearinghouse
C. The City will tr at all public, private or cooperatively
owned utility facilities w ic directly or indirectly serve the
public and which occupy hi hw rights of way in conforman�e with
the attached "A Policy for he ccommodation of Utilities on ►iighway
Rights of Way" as approved n April 5, 1988 by the United States
Department of Transportati n, Federal Highway Administration,
Minnesota Division.
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All references to st tu es and rules shall be construed to
refer to the statutes and rules s they may be amended from year to
year.
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The Comrnissioner acce ts this said appointment as agent of
the City and agrees to act in ac ordance herewith.
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City of' Recomnended for Approval
. gy
Mayor Oirector, Office of State Aid
Date Date
Attest: Approved as to Form and Execution
City Clerk Special Assistant Attorney General
Date Date
State of Minnesota
Comnissioner of Transportation
� Date
, (Seal)
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MINNESOTA DEP RT ENT OF TRANSPORTATION
FEDERA A D FORM N0. III
Be it resolved that purs an to section 161.36, Subdivision 1
through 6, Minnesota Statutes, the Comnissioner of Transportation be
appointed as agent of the City of to let as
its agent, contracts for the c ns ruction of local roads and bridge,
and the Mayor and the City cke k re hereby authorized and directed
for and on behalf of the City to execute and enter into a contract
with the Cortenissioner of Tran po tation prescribing the terms and
conditions of such contracts i t e form as set forth and contained
in "Minnesota Department of T an ortation Agency Agreement" a copy
of which said agreement was be ore the City Council , assuming on
behalf of the City all of the ob igations therein contained.
(SEAL) (Submit in duplicate)
Note: Attach certificatio b City Clerk with each copy of
resolution.
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Revised ?.2/1988
Office �f State Aid
� MINNESOTA DEPA ME T OF TRANSPORTATION
AGEN Y GREEMENT
This Agreement made and en ered into by and between the City
of herei a ter referred to as the "City" and
the Commissioner of Transpo ta ion of the State of Minnesota
hereinafter referred to as the "C mmissioner",
WITNESSETH: �
WHEREAS, pursuant t .S. 161.36 the City desires the
Comnissioner to act as its ag nt in accepting federal aid on the
City's behalf, for road and b idg construction and in contracting
for the construction, improveme t r maintenance of roads or bridges
financed either in whole or par w'th federal moneys; and
WHEREAS, M.S. 161.36, Su di ision 2, requires that the terms
and conditions of the agency be se forth in an agreement;
NOW, THEN, IT IS AGREED:
-I-
That pursuant to M.S. 61 36, the City does hereby appoint
the Comnissioner its agent wi h espect to all federally funded
projects, to accept and receive 11 federal funds made available for
said projects and to let c tr cts pursuant to law for the
construction and improvement of oc 1 roads and bridges.
1
Fach contract will 'n accordance with plans and spPCial
provisio�s for said proj ts on file in the Department of
Transportation, State Trans rt tion Building, St. Paul , Minnesota
55155, and the latest edi io of "Standard Specifications for
Construction" and all amend nt thereof, which said plans, special
provisions and specification a e made a part of this agreement by
reference as though fully se f rth herein.
In the letting of said co tr ct, it is hereby agreed that the
following procedures shall b f llowed, to-wit:
A. The Comnissioner sha l ause the advertisements calling for
bids on said work to be pub is ed in the "Construction Bulletin".
He shall also cause advertis me ts for bids to be published in the
officially designated newspa er of the City. Said advertisement or
call for bids shall specify! th t sealed proposals or bids wi11 be
received by the City Purchas'ng Agent of on
behalf of the Commissioner a a ent of said City. Proposals, plans
and specifications shall e available for the inspection of
prospective bidders at he office of the Department of
Transportation, St. Paul , M nn sota 55155, and at the office of
said City Purchasing Agent nd the advertisement shall so state.
The bids received in respons o said advertisement for bids shall
be opened for and on beha f f the Commissioner by a District
Engineer of the Department o T ansportation or such other engineer
of the Department of Transp rt tion as may be from time to time
selected by the Cortunissione . After said bids shall have been
opened, the City council sha 1 irst consider the same and thereupon
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transmit to the Corr�nissioner a 1 bids received together with its
recommendation that the lowest id submitted by a responsible bidder
be accepted or that all bids be re 'ected.
Upon receipt of all said bids, he Commissioner shall duly cause all
of said bids to be tabulated nd shall thereupon determine who is
the lowest responsible bidder an shall award the contract to the
lowest responsible bidder or s al reject all bids.
B. The Cort�nissioner sha 1 upervise and have charge of the
construction of said projects ft r the same has been let. The City
agrees to furnish its City Eng ne r or other registered engineer and
assign him to the active super is on and direction of the work to be
performed under any contract 1 t for the aforesaid projects. Said
engineer so assigned shall ac nder the supervision and direction
of the Comnissioner.
The City further agrees to f rn sh such other personnel , services,
supplies and equipment as sh 11 be necessary in order to properly
supervise and carry on said w rk
C. The Comnissioner m y ake changes in the plans or the
character of the work as sha 1 be recommended by the engineer in
charge of the work. If he c curs in such recommendations, the
Comnissioner may enter int , for and on behalf of the City,
supplemental agreements with th contractor for the performance of
any extra work or work occas on d by any necessary, advantageous, or
desirable change in plans or co struction.
It is understood by the City th t the Comnissioner cannot personally
investigate and pass judgeme t on the various items of extra work
and plan changes necessary d esirable during the construction of
—3—
the projects but that he mus elegate such duties to engineers
' under his supervision and cont ol that are employed by the t�i�nesota
Department of Transportation. Th City does hereby authorize these
engineers, so delegated by the Co issioner, to enter into, for and
on behalf of the City, the sup le ntal agreements specified in the
preceding paragraph hereof. �
D. The City hereby author'ze its City Engineer, for and on
behalf of the City, from time o ime, during the progress of the
work on said projects, to requ st the Cortmissioner to furnish for
use on said projects specific ng neering services to be performed
by skilled employees of the Min es ta Department of Transportation.
The Conmissioner may but is not bl 'gated to furnish the services so
requested. If the Comnissione i compliance with such request
shall furnish for the use of the Ci y on said projects the services
of any Minnesota Department of T an portation employee, then and in
that event, the City agrees to r im urse the Trunk Highway Fund for
the full cost and expense of th furnishing of such services
including all costs and expenses o any kind or nature whatsoever
arising out of, connected with, r 'ncidental to the furnishing of
such services.
. E. The Comnissioner shall re ei e the funds to be paid by the
City and the funds to be paid by th United States as federal aid
funds for said projects and to p y herefrom when due any and all
sums that may become due the co tr tor to whom the contract is
awarded, and upon final completi a d acceptance of the work, to
pay from said funds the final est'ma e to said contractor for said
work.
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� ����_5�3
F. The Commissioner shall er orm on behalf of the City all
other acts and things necessa y to cause said projects to be
completed in a satisfactory man r.
G. The Commissioner may e er into any agreement for and on
behalf of the City with the Uni ed States or any officer or agent
thereof that may be required or necessary for the purpose of
procuring and actually causing to be paid the federal aid funds
available for said projects and o that end to bind and cor�nit the
City in such agreement to the er ormance � of any and all things
required by any law of the it d States or of any rule and
regulation issued by federal au or'ty pertaining thereto necessary
for the purpose of procuring an having paid the federal aid
available for said projects. -
H. It is the policy o t e United States Department of
Transportation and the Minnesota D partment of Transportation that
Disadvantaged Business Enterpris s as defined in 49 CFR, Part 23,
and the Surface Transportation a d niform Relocation Assistance Act
for 1987, shall have the maximu o portunity to participate in the
performance of contracts finance i whole or in part with federal
funds. Consequently, the requi me ts of 49 CFR, Part 23, apply to
this agreement. In this regard, th Commissioner and the City shall
take all necessary and reasonabl teps in accordance with 49 CFR,
Part 23, to insure that Disadvan ag d Business Enterprises have the
maximum opportunity to compete fo and perform on contracts and
subcontracts. The Cort�nissioner nd the City shall not discriminate
on the basis of race, color, na ion 1 origin,or sex in the award and
performance of federally funded on racts.
—5—
Failure to carry out the a ov requirements shall constitute a
breach of this agreement an ay result in termination of the
agreement or other such em dy that the Commissioner deems
appropriate.
I. The Commissioner may p rf rm on behalf of the City any other
and further acts as may be n ces ary or required under any law of
the United States or of any ul or regulation issued by proper
federal authority in order to ca se said projects to be completed
and to obtain and receive the ed ral aid made available therefor.
-II-
The City agrees that t ill from time to time, after the
execution of this agreement, ak such reports, keep such records
and perform such work in such a er and time as the Cortmissioner
shall from time to time requ t and direct so as to enable the
Commissioner as its agent to co le t for it the federal aid sought.
Said records and reports shall e etained by the City in accordance
with the Commissioner's record re ention schedule for federal aid
projects.
- II-
It is anticipated that t United States will pay to the
Commissioner as the agent of th City, the federal aid funds
available to said City toward th c nstruction of said projects. It
is further anticipated that he contracts to be let by the
Commissioner as the agent of the Ci y, for the construction of said
projects shall provide that the on ractor, as the work progresses,
shall , from time to time, be p id partial payments designated in
said contract as partial esti at s and on the completion and
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� . ��,q_��3
acceptance of said work to e paid a final payment designated in
said contract as a final est ma e for all work performed.
The City further agre s hat any City funds and/or Municipal
State Aid Funds to be app ie to any contract covered by this
agreement shall be deposite ith the Commissioner in accordance
with Minnesota Rules Chapter 88 0.1500 Subp. 3.
At regular monthly nt rvals after contractors shall have
started work under contracts 1 t by the Comnissioner as agent for
the City for the construc io of said projects, the engineer
assigned to and in charge o said work shall prepare partial
estimates in accordance wit t e terms of said contracts let for
said projects and the pro ed res established by the Office of
Construction and Contract dm nistration Minnesota Department of
Transportation. The said ng'neer in charge of said work shall
imnediately after preparing ac partial estimate, transmit the same
to the Commissioner in dupl 'ca e. Each partial estimate shall be
certified by the engineer i ch rge and by the contractor performing
such work. The said engine r a signed to and in charge of said work
shall also prepare and submit the Commissioner the final estimate
data, together with the req ir d project records in accordance with
the terms of said contrac s let for said projects. Quantities
listed on said partial and fi al estimates shall be documented in
accordance with the guid li es set forth in the applicable
documentation manual . Aft r he approved final estimate has been
submitted to the Commission r, the City will pay to the
-7-
Commissioner any additional amo nt which together with the federal
funds received for that projec w 11 be sufficient to pay a?1 the
contract costs of the project.
IV-
When the contractor s all have completed the work on said
projects, the City agrees to in pe t the same and forthwith upon the
completion of said inspection a vi the Cort�nissioner whether or not
the work performed should be, by the Comnissioner as its agent,
accepted as being performed in satisfactory manner. In the event
the City should, after sai inspection, recommend to the
Commissioner that he should n t a cept said work, then the City
shall at the time such re ndation is made specify in
particularity the defects in sai rk and the reasons why the work
should not be accepted. It is further agreed that any
recommendations made by the Cit ar not binding on the Commissioner
but that he shall have the rig t o determine whether or not the
work has been acceptably perfor d nd to accept or reject the work
performed under any said contrac .
-V
It is further agreed that th decision of the Commissioner on
the several matters herein set fo th shall be final , binding and
conclusive on the parties hereto.
-V -
It is anticipated that th e tire cost of said projects is to
be paid from funds made availab e y the United States, by way of
federal aid, and by the City. f or any reason the United States
fails to pay any part of the cos o expense of said projects, then
-8-
�. ��-s�3
and in that event the City ag ees to pay the same. The City further
agrees to pay any and all cl ims or demands of any kind or nature
whatsoever arising out of or incidental to the performance of the
work under any contract le f r said projects in the event that the
United States does not pay th same, and in all events, agrees to
save the State of Minneso a a d the � Corr�nissioner from said claims
and from any claims arisin ou of this agreement and to pay any and
all expenses and costs on ected with said projects or the
construction thereof which he United States does not pay.
-VII-
The City further agr es that:
A. All right-of-way acq is tion and relocation will be conducted
in accordance with 49 CFR Pa t 25. Procedures implementing this
regulation are contained n n/DOT State Aid Manual Chapter 5-
892.310.
(Additional •guidance may be ob ained by referring to the FNWA's Real
Estate Ac uisition Guide fo l cal Public A encies) .
B. If the City rece ve total direct and indirect federal
assistance of:
1. $100,000 or mo r year, the City agrees to obtain a
financial and compliance a it made in accordance with the Single
Audit Act of 1984 (P.L. 98-5 2) and Office of Management and Budget
(OMB) Circular A-128. The 1 w and circular provide that the audit
shall cover the entire opera io s of the City government or, at the
option of the City governmen , t may cover departments, agencies or
establishments that receive , xpended, or otherwise administered
federal financial assistance du ing the year. However,
—9—
if the City government receives $ 5,000 or more in General P,evenue
Sharing Funds in a fiscal year, it shall have an audit of its entire
operations.
2. Between $25,000 an � 00,000 per year, the City agrees
to obtain either -
a. a financial an c pliance audit made in accordance
with the Single Audit Act of 19 4 nd OMB Circular A-128, or
b. a financial an compliance audit of all federal
funds. The audit must determ ne whether the subrecipient spent
federal assistance funds in a co dance with applicable laws and
regulations and the audit mus e made in accordance with any
federal laws and regulations ov rning the federal programs the
subrecipient participates in.
Audits shall be made an ually unless the state or local
government has, by January 1, 19 7 a constitutional or statutory
requirement for less frequent ud ts. For those governments, the
cognizant agency shall permit b en ial audits, covering both years,
if the government so requests. t shall also honor requests for
biennial audits by governments th t have an administrative policy
calling for audits less freque t han annual , but only for fiscal
years beginning before January , 987.
The audit shall be ma e by an independent auditor. An
independent auditor is a stat o local government auditor or a
public accountant who meets th i dependent standards specified in
the General Accounting Office's St ndards for Audit of Governmental
Or anizations, Pro rams, Activi ie , and Functions.
- 0-
- ��-s�3
The audit report shall ta e that the audit was perfor�ned in
accordance with the provisions ' o OMB Circular A-128 (or A-110 as
applicable) .
The audit report shall nclude:
1) The auditor's rep rt on financial statements and on a
schedule of federal assistanc ; the� financial statements; and a
schedule of federal assistance, s owing the total expenditures for
each federal assistance progra s identified in the Catalog of
Federal Domestic Assistance. F de al programs or grants that have
not been assigned a catalog n mb r shall be identified under the
caption "other federal assistan e"
2) The auditor's rep rt on the study and evaluation of
internal control systems m st identify the organization's
significant internal accounti g controls, and those controls
designed to provide reasonable as urance that federal programs are
being managed in compliance wit 1 ws and regulations.
It must also identify the contr ls that were evaluated, the controls
that were not evaluated, and th m terial weaknesses identified as a
result of the evaluation.
3) The auditor's report n ompliance containing:
a) A statement of po itive assurance with respect to
those items tested for complianc , ncluding compliance with law and
regulations pertaining to financ'al reports and claims for advances
and reimbursements;
b) Negative assuranc o those items not tested;
c) A summary of all ns ances of noncompliance;
11-
' >
d) An identificat'on of total amounts questioned, if
any, for each federal assi ta ce awarded, as a result of
noncompliance;
e) A statement on t e tatus of corrective action taken
on prior findings; and
f) Refer to the u e of�the standards required by the
Minnesota Le al Com liance A di Guide for Local Governments,
prepared by the Office of the ta e Auditor. The purpose of this
guide is to establish complia ce guidelines for verification by
auditors auditing political sub iv sions of the state.
In addition to th a dit report, the recipient shall
provide comments on the finding a d recortmendations in the report,
including a plan for corrective ac ion taken or planned and comments
on the status of corrective a ti n taken on prior findings. If
corrective action is not nec ss ry, a statement describing the
reason it is not should accompa y he audit report.
The City agrees t at the grantor, the Legislative
Auditor, and any independent au it r designated by the grantor shall
have such access to grantee's c ds and financial statements as
may be necessary for the granto t comply with the Single Audit Act
� and OMB Circular A-128. Requir a dit reports must be filed with
the Office of the State Audit , ingle Audit Division and state
agencies providing federal assi ta ce, within six months of the
City's fiscal year end.
If a federal cognizant audit age' cy has been assigned for the City,
copies of required audit repor s ill be filed with that agency
also.
12—
�'I�i-.��3
Recipients of mor t an $100,000 in federal ass:stance
must also submit one copy of he audit report within 30 days after
issuance to the central cleari ho se. Audit reports should be sent
to: �
Bureau of en us�
Data Prepa at on Division
1201 East Ot Street
Jeffersonv 11 , Indiana 47132
Attn: Sin le Audit Clearinghouse
C. The City will treat 11 public, private or cooperatively
owned utility facilities which directly or indirectly serve the
public and which occupy highwa ri hts of way in conformance with
the attached "A Policy for the co modation of Utilities on Highway
Rights of Way" as approved on pr'1 5, 1988 by the United States
Department of Transportation, F deral Highway Administration,
Minnesota Division.
VI I-
All references to statut s and rules shall be construed to
refer to the statutes and rules s hey may be amended from year to
year.
-I -
The Commissioner accepts th s said appointment as agent of
the City and agrees to act in ac or ance herewith.
—1 —
City of Recommended for Approval
� gY
Mayor Director, Office of State Aid
Date Date
Attest: Approved as to Form and Execution
City Clerk Special Assistant Attorney General
Date Date
State of Minnesota
Commissioner of Transportation
� Date
. (Seal )
—1 —
� � ��-.��3
MINNESOTA D PA TMENT OF TRANSPORTATION
FEDE AL ID FORM N0. III
Be it resolved that pu ua t to section 161.36, Subdivision 1
through 6, Minnesota Statutes, th Corranissioner of Transportation be
appointed as agent of the City of � to let as
its agent, contracts for the c ns ruction of local roads and bridge,
and the Mayor and the City cke k re hereby authorized and directed
for and on behalf of the City to execute and enter into a contract
with the Commissioner of Tran po tation prescribing the terms and
conditions of such contracts i th form as set forth and contained
in "Minnesota Department of Tra sp rtation Agency Agreement" a copy
of which said agreement was b fo e the City Council , assuming on
behalf of the City all of the o li ations therein contained.
(SEAL) (Submit in duplicate)
Note: Attach certification y City Clerk with each copy of
resolution.