88-798 WHITE � - CITV CLERK COUIICII
PINK - FINANG-E
CANARV - DEPARTMEN T G I TY F SA I NT PAU L - �
BLUE - MAVOR F11C NO. �
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Co n il Resolution �
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Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City is prep ring the construction of an Air Quali y
Improvement Project at Snellin Avenue and University Avenue in St.
Paul.
WHEREAS, The City has sel cted a highly qualified consultant fi
to develop traffic control st ategies and optimize the traffic signa
timings along both Avenues.
BE IT RESOLVED, that pur uant to Minnesota Statutes 161. 36 , the
Commissioner of Transportatio be appointed as Agent of the City of
St. Paul to accept as its age t, federal aid funds which may be made
available for eligible consul ant construction costs for S.P. 164-01 -36
and S.P. 164-010-39.
RESOLVED, the proper Cit officials are hereby authorized and
directed for and on behalf of the City Council to execute and enter nto
an agreement with the Commiss' oner of Transportation prescribing the
terms and conditions of said ederal aid participation as set forth
and contained in Agreement No. 64587 , a copy of which said agreement
was before the City Council a d which is made a part hereof by refer nce.
COUNCILMEN
Requested by Department oE: �PTK-5/3/ 8)
Yeas D]ltbnd Nays
Goswitz Public Works-Traffic-Donald E. S bania
� � In Fa or � -
� v _ A gai n t BY �G���
Scheibel
Soruzen
-�'� MAY 2 � 1 Form A rove by City tt ey
Adopted by Council: Date �
Certified a: ed by Council Secretary B
g�.
Appro by 14avor: Dat
�" � � Appro d y Mayor for Submi i to�Council
PUBI{SHEO J Ui�l � 1988
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A�prove Minnesota Department of ransportation Agency,mAgre�ment with th City
o� St. Pau1 for Federal particip tion in �onsuitant construction servic s for
the Snelling/University Air Qual ty Traffic Signal Project.
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��,��„�� REC�lVED : _
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The City is proposing the constructi n of an Air Quality Improvem�nt Proje at
Snelling and University Avenues. Th City has selected a qualified consult nt to
develop .detailed traffic control str `tegies and optimize signal tim�.ngs alo g ,
both Avenues. �'hese signal strategi s and adjustments wi11 improve .the Air Quality
at the SneZling and University inter ection.
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This agreement will secure Federa3 f ding for the consultant construction ervice�
The anticipated Federal share of th� co�sultant servic�s� will be 76.74$ of he
estimated :cost.
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Without this ac�r�+ement, Federal �und' g will not be eligible for the Snelli g/
Unive"rsity Air Quslity project.
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.To be determ�,ned
Mer�nr�+rs: -
Typical. Agency Agreement between Mn DOT and the City af St. , Paul "for Feder 1
Qarticipation in consultant constru tion services. `
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AGitE�:�tr',NT N0. 64587
OFFICE OF STATE AID
MINNESOTA DEPARTM NT OF TRANSPORTATION ;
i
AGENCY AGRE�iENT WI H THE CITY OF ST. PAUL
FOR FEDERAL PARTIC PATION IN CONSULTANT
CONSTRUCT ON SERVICES
ON
S.P. 164-01 -36, M 5421 (9)
S .P. 164-010-39, M 5406(9)
DEPT.�J�D� ❑A40 Or inal Re uisition
9 q ❑A45 Decrease �A46 Prior Year Original
DIV. TE�. SEi�V/�'�S ❑A41 Re uisition Increase ❑A46 Prior Year lncrease
Trn.No. FY Atcount I.D. Dep�.,0iv. Sequence No. SuHix Object Vendor Type Amount
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PurcMse Terms Asset No. C.CD.1 C.CD.2 C0.3 Cost Code 4 Cost Code 5 i
1
Date Number Entered By i
Type of Transaction ❑NA40 ❑ NA41
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Oate Number Enteretl By i
❑ NA44 ❑ NA45 ❑ NA46
This agreement made and ente ed into by and between the City of
St. Paul , hereinafter referred to as t e "City" and the Commissioner of '
Transportation of the State of Minneso a, hereinafter referred to as the
"Commissioner", WITNESSETH:
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WHEREAS, Minn. Stat. Sec . 16 .36 pertaining to Federal Aid provides �
that thz Commissioner may act as agent for any governmental subdivision of the
State in accepting federal aid in its ehalf; and
WHEREAS, The City is proposi g the construction of an air quality
improvement project at Snelling Avenue and University Avenue; and
WHEREAS, Said project is ide tified in the records of the Department
of Transportation as S.P. 164-010-36 a d S.P. 164-010-39, and in the records
of the Federal Highway Administration s Minnesota Project M 5421(9) and
M 5406(9) , and
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WHEREAS, Said air quality i provement project involves signal work
. at eighteen interaectiona on Snelling Avenue and Univeraity Avenue; and
WHEREAS, A critical constru tion element for the project to be
successful in achieving air quality i provement is the development of detailed
traffic control atrategiea and optimi ation of signal timing; and
WHEREAS, The City has selec ed a highly qualified conaultant firm to
provide the aforesaid construction el ment; and
WE�REAS, The City desires t obtain federal participation in the
services to be provided by its consultant.
NOW, THEREF'ORE, IT IS MUTU LY AGREED AS FOLLOWS:
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That pursuant to Minn. Stat. Sec. 161 .36 the City does hereby
appoint the Commissioner its agent to accept and receive all federal funda
made available for consultant constr tion services on S.P. 164-010-36 and
S.P. 164-010-39.
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ELIGIBILITY. The cost of the consul ant services will be eligible for federal
sid participation as approved by the Office of State Aid . Any portion of the
work which has been performed prior written authorization from the Office
of State Aid will not be eligible fo federal aid participation. The City
will assign overall responaibility f r the project to the City Engineer.
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LIAISON, AUDIT, EVALUATION AND MONIT RING. To insure compliance with all
applicable federal regulations and 1 ws , the Commissioner, or his
representative, shall have the right to audit, evaluate and monitor, as deemed
necessary, the work to be performed nder this agreement. In addition, as
provided under �finn. Stat. Sec . 16.0 5, all books , records, documents and
accounting procedures and practices f [he City and its consultant are subject
to examination by the Commissioner o his authorized representative and either
the legislative auditor or the state auditor as appropriate.
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PAYMENT. The estimated cost of the roposed consultant construction services
is $76, 165. Federal reimbursement s all not exceed $58,449 without a
supplemental agreement. It is antic 'pated that 76.74X of the coat is to be
paid from funds made available by th Federal Highway Administration by way of
federal aid and that the remaining 2 .26X is to be paid by the City and by
Mn/DOT under a cooperative cost shar'ng agreement. If for any reason, the
Federal Highway Administration fails to pay any part of the cost or expense of
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said conatruction engineering then, in that event, the City agrees to pay the
same. The City further agrees to p y any and all lawful claima arising out of
or incidental to the performance of the work covered by this agreement in the
event that the federal government d es not pay the same, and in all events,
agrees to save the State of Minnesot and the Commissioner harmlesa from said
claima and from any claims arising o t of this agreement.
Eligible cost and expenae f consultant construction services shall
be based on actual documented costs. Acceptabili[y of costs ahall be
determined in accordance with the co t principles and procedures aet forth in
the Federal Acquisition Regulations , 48 CFR 1-31 .2 contracts with Commercial
Organizations, which are made a part hereof by reference with the same force
and effect as though fully set forth herein.
Partial payments will be m de to the Ci[y not more often than once
each thirty (30) days , and shall be or services performed during one ( 1) or
more calendar months. At the close f each calendar month or other� billing
period, the City shall submit to the Commissioner one original invoice for
services rendered and for reimbursable expenses incurred during that period .
The invoice should be submitted withi thirty (30) days following the end of
the period covered by the account. e invoice or supplements thereto, shall
contain whatever details that may be ecessary for a proper audi[. Such
details shall consist of a copy of th City' s consultant invoice and backup
documentation. Documentation should e included showing that the City has
paid the consultant�s invoice.
The Commissioner will reimb rse to the City the federal share of the
costs of eligible work performed unde the terms of this agreement.
No payment shall be due unt 1 the account has been audited and
approved by duly suthorized represent tives of the Commissioner.
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INSPECTION OF WORK. The Commissioner shall , at all times during this
agreement and for three (3) years fro the date of final payment of federal
funds [o the $tate with respect to the project , be accorded proper facilities
for inspection of the work hereunder a d shall at all times have access to the
premises , to all books , records, corre pondence, instruction, receipts,
vouchers , memoranda of every descrip[i n pertaining to the work hereunder.
The Federal Highway Administration sha 1 have the same right of inspection as
accorded the Commissioner herein.
RECORDS. The City shall maintain an a curate costkeeping system as to all
costs incurred in connection with the ubject of this agreement and shall
produce for examination books of accou t, bills, invoices and other vouchers,
or certified copies thereof if originals be lost , at such reasonable time and
place as may be designated by the Federal Highway Administration, or by the
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Commissioner or his duly authorized r presentatives and shall permit extracts
and copies thereof to be made.
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COMPLIANCE WITH LAWS. The City ahall comply with all Federal , State and local
laws , together with all ordinances an regula[ions applicable to the work.
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SINGLE AUDIT REQUIREMENTS . The City hall comply with the Single Audit Act of
1984 and Office of Management and Bud et (OMB) circular A-128 as follows :
If the City receives t tal direct and indirect federal
assistance of:
A. $100,000 or more er year , the City agrees to obtain a
financial and c aapliance sudit made i accordance with the Single Audit Act of
1984 (P.L. 98-502) and Office of Mana ement and Budget (OMB) Circular A-128.
The law and circular provide that the audit shall cover the entire operations
of the City government or, at the opt on of the City government, it may cover
departments, agencies or es[ablishmen s that received, expended or otherwise
administered federal financial assist nce during the year. However, if the
City government receives $25,000 or m re in General Revenue Sharing Funds in a
fiscal year, it shall have an audit o its entire operations.
B. Between $25,000 a d $100,000 per year, the City agreea to
obtain either:
1. a financ ial nd compl iance aud it made in accordance
with the Single Audit Act of 1984 and OMB Circular A-128, or
2. a financial nd compiiance audit of all federal
funds. The audit must determine whet er the subrecipi?nt spent federal
assistance funds in accordance with a plicabie laws and regulations and the
audit must be made in accordance with any federal laws and regulations
governing the .federal programs the su recipient participates in.
Audits shall be made a nually unless the state or local
government has , by January 1, 1981 a onstitu[ional or statutory requirement
for less frequent audits . For those overnments, the cognizant agency shall
permit biennial audits, covering both years , if the governmen[ so requests.
It shall also honor requests for bien ial audits by governments that have an
administrative policy calling for aud ts less frequent than annual , but only
for fiscal years beginning before Jan ary 1 , 1987 .
The audit shall be mad by an independent auditor. An
independent auditor is a state or loc 1 government auditor or a public
accountant who meets the independence standards specified in the General
Accounting Office' s Standards for Aud t of Governmental Or anizations ,
Programs, Activities, and Functions .
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The audit repor[ aha 1 atate that the audit was performed in
accordance with the provisions of O� B Circular A-128 (or A-110 as applicable) .
The sudit report aha 1 include:
A. The auditor' s r port on financial statementa and on a
schedule of federal assistance; the financial statements; and a schedule of
federal assistance, showing the total expenditures for each federal assistance
program as identified in the Catalo of Federal Domestic Aesiatance. Federal
programa or grants that have not bee assigned a catalog number shall be
identified under the caption "other federal assistance".
B. The auditor' s re ort on the stud y and evaluation of
internal control systems must identi y the organization' s significant internal
controls, and [hose controls designe to provide reasonable assurance that
federal programs are being managed i compliance with Laws and regulations.
It must also identify the controls t at were evaluated , the controls that were
not evaluated , and the material weak esses identified as a result of the
evaluation.
C. The auditor' s re ort on compliance containing:
1. a statement of positive assurance with respect to
those items tested for compliance, i luding compliance with law and
regulations pertaining to financial ports and claima for advances and
reimbursements;
2. negative ass rance on those items no[ tested;
3. a summary of all instances of noncompliance;
4. an identific tion of total amounts questioned , if
any, for each federal assistance awar ed , as a result of noncompliance; and
5. a statement n the status of corrective action taken
on prior findings.
6. refer [o the use of the standards required by the
Minnesota Le al Com liance Audit Guid for Local Governments , prepared by the
Office of 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 audi report, the recipient shall provide
comments on the findings and recommend tions in the report, including a plan
for corrective action taken or planned and comments on the status of
corrective action taken on prior findi gs. If corrective action is not
necessary, a statement describing the eason it is not should accompany the
audit report.
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The City agrees that he grantor, the Legislative Auditor, and
any independent suditor designated b the grantor shall have such access to
grantee' s recorda and financial sta[ ments as may be necessary for the grantor
to comply with the Single Audit Act nd OMB Circular A-128.
Required audit report must be filed with the Office of State
Auditor, Single Audit Division and s ate agencies providing federal
assistance, within aix montha of the City' s fiscal year end . If a federal
cognizant sudit agency has been assi ned for the City, copies of required
audit reports will be filed with tha agency also.
Recipients of more th n $100,000 in federal assistance must
also submit one copy of the audit re or[ within 30 days after issuance to the
central clearinghouse . Audit report should be sent to:
Bureau of Census
Data Preparation Division
1201 East lOth S reet
Jeffersonville, ndiana 47132
Attn: Single Au it Clearinghouse
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REGISTRATION. The City' s Project Ma ager for work under this agreement shall
be a City employed professional engi eer registered in the State of Minnesota.
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EKPLOYEES. The City ahall not engag , on a full or part-time or other basis
during the period of this agreement, any professional or technical personnel
who are or have been at any time dur' g the period of this agreement in the
employ of the State, except regularl retired employees, without written
consent of the State. This provisio is not intended to apply to engineering
and technical services which may be p ovided by the Minnesota Department of
Transportation upon request of the City.
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CITY EMPLOYEES. Any and all employee of the City or other persons while
engaged in the performance of any wor or services required by the City under
this agreement shall not be considere employees of the State, and any and all
claims that may or might arise under the Worker' s Compensation Act of
Minnesota on behalf of said employees or other persons while so engaged , and
any and all claims made by any third arty as a consequence of any ac[ or
omission on the part of the City' s em loyees or other persons while so engaged
on any of the work or servicea to be endered shall in no way be the
obligation or responsibility of the S ate. The City shall require proof of ;
Worker' s Compensation Insurance from ny sub-contractor.
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LLMITATIONS OF LAW. All provisions of this agreement shall be subject to
limitations provided in the State o Minnesota and Federal Laws .
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NONDISCRIMINATION REGULATIONS. Duri g the performance of this agreement, the
City itself, its assignees and succe sors in interest agrees to comply with
Title VI of the Civil Rights Act of 96�, as amended . Accordingly, 49 Code of
Federal Regulations (CFR) 21 through Appendix H and 23 CRF 710.405 (b) are
made a part hereof by reference With the same force and effect as though fu11y
set forth herein.
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MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the United States
Department of Transportation and the inneaota Department of Transportation
that Disadvantaged Business Enterpris s and Women Business Enterprisea as
defined in 49 CFR, Par[ 23, shall hav the maximum opportunity to participate
in the perform ance of contracts finan ed in whole or in part with federal
funds. Consequently, the requiremen[ of 49 CRF, Part 23, apply to this
agreement. In this regard , the City hall take all necessary and reasonable
steps in accordance with 49 CRF, Part 23, to insure that Disadvantaged
Business Enterprises and Women Busine s Enterprises have the maximum
opportunity to compete for and perfo on contracts and subcontracts. The
City shall not discriminate on the ba is of race, color, national origin, or
sex in the award and performance of f derally funded contracts. Failure to
carry out the above requirements shal constitute a breach of this agreement
and may result in termination of the greement or other such remedy that the
Commissioner deems appropriate.
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ANTITRUST CLAUSE. The City hereby ass'gns to the State of Minnesota any and
all claims for overcharges as to goods and/or services provided in connection
with this agreement resulting from ant trust violations which arise under the
antitrust laws of the United States an the antitrust laws of the State of
�iinnesota.
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CONSTRUCTION OF PROJECT. Letting and ayment for the project construction
contract costs shall be under an agenc agreement entered into by the City and
the Commissioner for that purpose and i force at the time of the opening of
bids for the project.
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TERM OF AGREEMENT. This agreement sh 11 be effective upon execution by the
Minnesota Department of Tranaportatio and shall remain in effect for five (5)
years from such effective date or whe final sudit and payment have occurred,
whichever occurs first . Such termin tion shall not remove any unfulfilled
financial obligations of the City as set forth in Section 4 Payment. The term
of this agreement may be extended by a properly executed aupplemental
agreement. The beginning date of el � ibility for federal reimbursement will
be determined by the provisions of t e Office of State Aid suthorization.
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APPROVAL. Before this agreement shall become binding and effective, it shall
be approved by resolution of the Cit Council and shall also receive the
approval of such state officera as t e law may provide in addition to the
Commissioner of Transportation. '
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ACCEPTANCE. That the Commisaioner a cepts this said appointment as Agent of
the City and agrees to act in accord nce herewith.
Pa e No. 8
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Minnesota Department of City of St. Paul
Transportation
Recommended for Approv al
By By
Director, Office of State Aid Director of Public Works
Approved as to Form
c
gy _
Assistant Ci Attorney
By
Commisaioner of Tranaportation t
Mayor
APPROVED AS TO FORM AND EXECUTION
By By
Spec . Asst . Attorney Genecal Director, Department of
Finance & Management Services
APPROVE D:
DEPARTMENT OF ADMINISTRATION
By
DEPARTMENT OF FINANCE
By
Date
Pa e No. 9
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RES LUTION
BE IT RESOLVED, that pursua [ to Minneaota Statutes, 161 .36, the
Commissioner of Tranaportation be app inted as Agent of the City of St. Paul
to accept as its agent , federal sid f nds which may be made available for
eligible consultant construction coat for S.P. 164-010-36 and
S.P. 164-010-39.
Resolved , the proper City officera are hereby authorized and
directed for and on behalf of the Cit Council to execute and enter into an
agreement with the Commissioner of Tr nsportation preacribing the terms and
conditions of said federal aid participation as set forth and contained in
Agreement No. 64587 a copy of which s id agreement was before the City Council
and which is made a part hereof by reference.
(SEAL AND CERTIF ICATION)
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