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99-9560�; �I�lAL Presented By Re£erred To Committee: Date 1 2 3 4 5 6 7 8 9 i0 it 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 WHEREAS, on some City of Saint Paul road, bridge or transit projects, the City finances either in whole or in part the projects with Federal funding; and WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires the Minnesota Department of Transportation to act as its agent in accepting Federal Aid on the City's behalf for construction, improvement or maintenance of roads, bridges or transit facilities financed either in whole or part with Federal funds; and WHEREAS, the Minnesota Department of Transportation is willing to act as the City's agent in accepting Federal funds for the City; and WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement; now therefore, BE IT RESOLVED, that the Mayor and the City Engineer are hereby authorized and directed for and behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said Federal Aid participation as set forth and contained in the "Minnesota Department of Transportation Agency Agreement No. 79394", a copy of which said agreement was before the City Cou�cil and which is made a part here of by reference. Yeas II Nays II Absent Adopted by Council: Date �� G �0.��1 ��—� �— Adoption Certified by Council Secretary � Appr By Council File # — 1� - °t5�, RESOLIlTION Green Sheet # 102726 T SAINT PAUL, MINNESOTA 3G Requested by Department of: Mayor fqsj Submission to Council Form Approved by City Attorney B �(� � � � 9.a?• 99 � �r,�b C`wo�i��"�"" 9/23/99TE� GREEN SHEET No. 102726 Initial/Dafe InitlaVDate CqMACT PERSON & PNONE q�� � S L Paul St. Martin 266-6118 `�'�� DEPARTMENTDIpECTOR 5 CffVCAUNCiI MUSTBEONCOUNCILAGENDABY(�A'f� ASSIGN � �(.p.9.a�.�90 ASAP Cm ATT��� CT' CLERK NUMBERFOq NOUiP1G ❑FlNANCIALSFAVICES�IR ❑FlNANCIALSERV/ACLTG ❑ MAYOR(OR ASSISTANT) (/ ' �� ❑ � W � N ❑ ❑ TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION REQUE5lED Authorize the Mayor and the City Engineer to enter into agreement with the Minnesota Department of Transpoitation which prescribes term and conditions of Federal Aid pazticipauon on City of Saint Paul Roadway, Bridge and Transit Projecu. RECOMMENDATIONS:ADP�'e�A)orRejeci(Fl) PERSONALSERVICEC�NTRACT50.W5TANSWERLHEFOLLOWINGQUES110N5: � PLAkN�NGCAMMiSSiOt�1 t. HazMapersoMmmeverworketluntleracontaqbrlFistleparlmenY� YES NO � CIBCOMMITTEE CIVILSERVICECOMMISSION 2 HazthispersoNfirmeverbeenadryemployae� - VES NO �` STAFF - 3. DoesMispersoNfirmpo5sessasltlllnotnom�ailypossessetlbyanycurrentGryemployee? _ YES NO 4. Is tnis persoNfirtn a Wrgeted ventlor? MYTIATING PflOeLEM, I55UE, OPPORTINRY (WHD, WHAT, WHEN, WFiERE, WHI�: The City funds some road, bridge, and transit projects with Fedezal funding. The Minnesota Department of Transpontion acts as the City's agent in accepring the Federal funding. This agreement revises existing agreement which was signed in 1989. The new agreement gives the City more flexibility in letting and administering construction convacts. A copy of the agreement is attached. ADVANTAGESIFAPPROVED: The City will continue to be eligible to receive Federal funding. There will be a reducrion in wntract administra6on costs on the Fedetal project. lr+.lY�<�.,3�c =;`� eus�� :p�c. " P, _ F - „ DISADVANTAGESIFAPPRpVED: � None ��� �� ��C�� v.�„ z;:- D13qDVAMAGESIFNOTAPPROVED "'��f F' a� ' :'.t' • - �" �;�, �?: e � t�•_: ... ' N/A ^ ' OTALAMOUNT OF TRANSACTION $ N/A COST/REVENUE BUDGE7ED (CIRCLE ONE) �ES No FUNDING SOURCE AC71VI7Y NUMBER � FINANQAL MFOqMATION (E%PLAIN) � q .+ 4JC1�i]'S�iY+� ?`S�b.a�C���i� 4� S�P 2 � i�99 aq-q s c AGREEMENT NO. 79394 MINNESOTA DEPARTMENT OF TRANSPORTATION DIVISION OF STATE AID FOR LOCAL TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF ST. PAUL This Agreement made and entered into by and between the City of St. Paul (hereinafter "City") and the State of Minnesota acting through its Department of Transportation (hereinafter "Mn/DOT"), WHEREAS, pursuant to Minnesota Statutes Section 161.36- (1998), the City desires MnJDOT to act as its agent in accepting federal aid on the City's behalf for construction, improvement, or maintenance of roads, bridges, or transit facilities financed either in whole or part with federal monies (hereinafter "Projects"); and WHEREAS, Mn/DOT is willing to act as the City's agent in accepting £ederal funds for the City; WHEREAS, Minnesota Statutes Section 161.36 (1998) requires that the terms and conditions of this agency be set forth in an agreement; and NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: That pursuant to Minnesota Statutes Section 161.36 (1998), the City does hereby appoint Mn/DOT its agent with respect to the receipt of all transportation related federal funds made available to the City for said Project(s). I. AGREEMENT EFFECTIVE DATE This agreement shall become effective upon such date as it is approved and executed by the City, Mn/DOT, and the appropriate State officials, pursuant to Minnesota Statutes Section 16C.05 (1998). II. DUTIES OF THE CITY A. Contract Letting Requirements. In the letting of a contract for a Project, the City shall first obtain written authorization from Mn/DOT for the Project to proceed to letting. After authorization is obtained, the following procedure shall be followed in accordance with Minnesota Law. ] q°�. 9 5� Agreement No. 79394 1. Advertisements for Bids The City shall publish the advertisements calling for bids on Proj ects in the c'onG r,c- ; c,n 13n11 Pr; n, and in the officially designated newspaper of the City. The advertisement shall state where the proposals, plans, and specifications will be available for the inspection of prospective bidders. 2. Bid Openings Bids received in response to advertisements for bids shall be opened by an official of the City. After the bids are opened, the City shall first consider the bids and thereupon award the Project to the lowest responsible bidder. B. Contract Administration and Supplemental Agreements The City shall administer and have charge of the Projects. The City may make changes in the plans or the character of the work, and may enter into supplemental agreements with the contractor for the performance of the extra work or work occasioned by any change in plans or construction, as may be necessary to complete the Project. Any work performed under a supplemental agreement shall not be eligible for reimbursement by Mn/DOT unless the supplemental agreement has been approved by Mn/DOT and sufficient federal funds are available. C. Construction Duties. 1. Construction Requirements Projects sha11 be constructed in accordance with plans, special grovisions, and standard specifications £or each Project. The plans and specifications for each project shall be on file in the City Engineer's Office. The standard specifications shall be the latest edition of Standard Specifications for Highway Construction promulgated by MnjDOT, and all amendments thereto. The plans, special provisions and specifications are a part of this agreement by reference as though fully set forth herein. 2. Construction Supervision The City shall furnish and assign a publicly employed registered engineer (hereinafter "Project Engineer") to be responsible for the Projects and to supervise and direct the work to be performed under any contract let for the Projects, on behalf of Mn/DOT. The City shall furnish such other personnel, services, supplies, and equipment as shall be 2 °lg -°� 5 � Agreement No. 79394 necessary in order to properly supervise, inspect, and document the work for the Project. During the progress of the work on the Projects the City authorizes its Project Engineer to request from Mn/DOT, specific engineering services to be performed by skilled employees of the Department of Transportation. MnjDOT may, but is not obligated to, furnish the requested services. If Mn/DOT furnishes the services requested, then the City shall reimburse Mn/DOT for the full cost and expense of furnishing such services. The costs and expenses shall include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 3. Construction Reporting The City shall prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports shall be retained by the City in accordance with Mn/DOT�s record retention schedule for federal aid Projects. At regular monthly intervals after work has started under a contract for a Project, the City, through its Project Engineer, shall prepare partial estimates in accordance with the terms of the contract for the Project and the procedures established by Mn/DOT. Partial estimates must be submitted to MnjDOT for the City to receive reimbursement. Each partial estimate shall be certified by the Project Engineer in charge and by the individual, firm, or corporation contracting for and undertaking prosecution of the prescribed work (hereinafter "Contractor"). Upon completion of a Project, the Project Engineer shall prepare and submit to Mn/DOT the final estimate data, together with the required project records in accordance with the terms of the contract 1et for the Project. Quantities listed on partial and final estimates shall be documented in accordance with the guidelines set forth in the Minnesota Department of Transportation Documentation Manual for Construction Pay Quantities. D. Construction Funds The entire cost of the Projects is to be paid from funds made available by the United States by way of federal aid, and by the City, and by state or state-aid funds. If for any reason the United States fails to pay any part of the cost or expense of the Projects, then the City shall be responsible £or the amount of money that the federal £unds would have paid. [t3 °l°�-�I S6 Agreement No. 79394 E. Contractor Payments Contracts to be let under this Agreement for the construction of Projects shall provide that the Contractor shall be paid partial payments designated in said contract as partial estimates, from time to time as the work progresses. The City shall require the contract to provide that the Contractor shall be paid a final payment, designated in said contract as a final estimate, for all work per£ormed, upon completion and acceptance of Project work. F. Civil Rights Act During the performance of this Agreement, the City, for itself, its assignees and successors in interest, sha11 comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 C.F.R. 21 through Appendix H and 23 C.F.R. 710.405 {b) are made a part hereof by reference with the same force and effect as though fully set forth herein. G. Final Inspection When Project work is completed on any Project, the City shall request final inspection from Mn/DOT. If the Projects are found to have been completed in accordance with the plans and specifications for the Projects, Mn/DOT shall then release any remaining funds due to the City for the respective Project. H. UCilities The City shall treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with "A Policy for the Accommodation of Utilities on Highway Rights of Way�� as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division, which is made a part hereof by reference. I. Maintenance The City sha11 assume fu11 responsibility for upkeep, maintenance and operation of any facility constructed or reconstructed by a Project under this Agreement. J. Claims The City shall pay any and all lawful claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the Project work under any contract let for the Projects, in the event that the federal government does not pay the same. In all events, the City sha11 hold the Department of Transportation and Mn/DOT harmless from the claims and from any claims arising out of this Agreement and to pay any and all .! ��,�gs� Agreement No. 79394 expenses and costs connected with the Projects or the construction thereof which the.federal government does not pay. III. DUTSES OF MnJDOT Mn/DOT accepts appointment as Agent of the City and agrees to act in accordance herewith. A. Payments MnjDOT shall receive the funds to be paid by the United States as federal aid funds for the Projects, and shall reimburse the City for the eligible federal share of each partial payment made to the_ contractor, after the payment has been made, and as vouchers for such partial payments are submitted to Mn/DOT requesting reimbursement. B. Authority of Mn/DOT Mn/DOT retains the authority to suspend unsatisfactory work, demand corrective measures, or withhold federal and/or state-aid funds as may be appropriate, as grovided in Minnesota Rules 8820.3000, subpart 6 (1997). On behalf of the City, Mn/DOT may perform any other actions necessary to complete the Projects in a satisfactory manner. Mn/DOT may enter into any agreement for and on behalf of the City with the United 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 any Project. To that end, MnjDOT may bind and commit the City in such agreement to the performance o£ any and all things required by any law of the United States, or any regulation issued by federal authority pertaining thereto, necessary for the purpose of procuring and having paid the federal aid available for said Projects. Mn/DOT may perform on behalf of the City any other acts as may be necessary or required under any law of the United States or of any regulation issued by proper federal authority in order to cause the Projects to be completed and to obtain and receive the federal aid made available therefore. The decision of MnfDOT on final acceptance of the project, and other matters necessary to complete the Project, shall be final, binding, and conclusive on the parties hereto_ 5 aa �q s6 Agreement No. 79394 IV. 130NDISCRIMINATION: MnjDOT TITLE VI REQUIREMENTS It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Sven in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. Zt sha11 be the responsibility of the City to carry out the above requirements. V. AUDITING As provided under Minnesota Statutes Section 16C.05, subdivision 5(1998), all books, records, documents and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years. The City shall comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, and shall be responsible for any costs associated with the performance of the audit. VI. TERMINATION Mn/DOT or the City may terminate this Agreement at any time with or without cause, by giving the other party ninety (90) days' advance written notice of termination. VII_ AGREEMENT LIMITATIONS A11 provisions of this Agreement shall be subject to limitations provided in Federal and State of Minnesota laws. ��,-�s � Agreement No. 79394 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF ST. PAUL MINNESOTA DEPARTMENT OF TRANSPORTATION By: Title: Date: By: � Title: Director, Division of State Aid Date: Approved as to Form and Execution by the Office of the Attomey General: Title: City Engineer Date: � Title: ACKNOWLEDGMENT This instrument was acknowledged before me this day of 199_, Date: DEPARTMENT OF ADMINISTRATION By Norm Coleman Title Mayor and Thomas J. Eggum � Date: Title City Engineer of Citv of St. Paul (Name ofAgency) and did execute this instrument on behalf of the agency intending to be bound thereby. .�ppssu��,l��o�e�.� '��--9 y'�''9g ASS(STA� C� At►or� NOTARY PUBLIC My Commission Expires: r� 0�; �I�lAL Presented By Re£erred To Committee: Date 1 2 3 4 5 6 7 8 9 i0 it 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 WHEREAS, on some City of Saint Paul road, bridge or transit projects, the City finances either in whole or in part the projects with Federal funding; and WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires the Minnesota Department of Transportation to act as its agent in accepting Federal Aid on the City's behalf for construction, improvement or maintenance of roads, bridges or transit facilities financed either in whole or part with Federal funds; and WHEREAS, the Minnesota Department of Transportation is willing to act as the City's agent in accepting Federal funds for the City; and WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement; now therefore, BE IT RESOLVED, that the Mayor and the City Engineer are hereby authorized and directed for and behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said Federal Aid participation as set forth and contained in the "Minnesota Department of Transportation Agency Agreement No. 79394", a copy of which said agreement was before the City Cou�cil and which is made a part here of by reference. Yeas II Nays II Absent Adopted by Council: Date �� G �0.��1 ��—� �— Adoption Certified by Council Secretary � Appr By Council File # — 1� - °t5�, RESOLIlTION Green Sheet # 102726 T SAINT PAUL, MINNESOTA 3G Requested by Department of: Mayor fqsj Submission to Council Form Approved by City Attorney B �(� � � � 9.a?• 99 � �r,�b C`wo�i��"�"" 9/23/99TE� GREEN SHEET No. 102726 Initial/Dafe InitlaVDate CqMACT PERSON & PNONE q�� � S L Paul St. Martin 266-6118 `�'�� DEPARTMENTDIpECTOR 5 CffVCAUNCiI MUSTBEONCOUNCILAGENDABY(�A'f� ASSIGN � �(.p.9.a�.�90 ASAP Cm ATT��� CT' CLERK NUMBERFOq NOUiP1G ❑FlNANCIALSFAVICES�IR ❑FlNANCIALSERV/ACLTG ❑ MAYOR(OR ASSISTANT) (/ ' �� ❑ � W � N ❑ ❑ TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION REQUE5lED Authorize the Mayor and the City Engineer to enter into agreement with the Minnesota Department of Transpoitation which prescribes term and conditions of Federal Aid pazticipauon on City of Saint Paul Roadway, Bridge and Transit Projecu. RECOMMENDATIONS:ADP�'e�A)orRejeci(Fl) PERSONALSERVICEC�NTRACT50.W5TANSWERLHEFOLLOWINGQUES110N5: � PLAkN�NGCAMMiSSiOt�1 t. HazMapersoMmmeverworketluntleracontaqbrlFistleparlmenY� YES NO � CIBCOMMITTEE CIVILSERVICECOMMISSION 2 HazthispersoNfirmeverbeenadryemployae� - VES NO �` STAFF - 3. DoesMispersoNfirmpo5sessasltlllnotnom�ailypossessetlbyanycurrentGryemployee? _ YES NO 4. Is tnis persoNfirtn a Wrgeted ventlor? MYTIATING PflOeLEM, I55UE, OPPORTINRY (WHD, WHAT, WHEN, WFiERE, WHI�: The City funds some road, bridge, and transit projects with Fedezal funding. The Minnesota Department of Transpontion acts as the City's agent in accepring the Federal funding. This agreement revises existing agreement which was signed in 1989. The new agreement gives the City more flexibility in letting and administering construction convacts. A copy of the agreement is attached. ADVANTAGESIFAPPROVED: The City will continue to be eligible to receive Federal funding. There will be a reducrion in wntract administra6on costs on the Fedetal project. lr+.lY�<�.,3�c =;`� eus�� :p�c. " P, _ F - „ DISADVANTAGESIFAPPRpVED: � None ��� �� ��C�� v.�„ z;:- D13qDVAMAGESIFNOTAPPROVED "'��f F' a� ' :'.t' • - �" �;�, �?: e � t�•_: ... ' N/A ^ ' OTALAMOUNT OF TRANSACTION $ N/A COST/REVENUE BUDGE7ED (CIRCLE ONE) �ES No FUNDING SOURCE AC71VI7Y NUMBER � FINANQAL MFOqMATION (E%PLAIN) � q .+ 4JC1�i]'S�iY+� ?`S�b.a�C���i� 4� S�P 2 � i�99 aq-q s c AGREEMENT NO. 79394 MINNESOTA DEPARTMENT OF TRANSPORTATION DIVISION OF STATE AID FOR LOCAL TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF ST. PAUL This Agreement made and entered into by and between the City of St. Paul (hereinafter "City") and the State of Minnesota acting through its Department of Transportation (hereinafter "Mn/DOT"), WHEREAS, pursuant to Minnesota Statutes Section 161.36- (1998), the City desires MnJDOT to act as its agent in accepting federal aid on the City's behalf for construction, improvement, or maintenance of roads, bridges, or transit facilities financed either in whole or part with federal monies (hereinafter "Projects"); and WHEREAS, Mn/DOT is willing to act as the City's agent in accepting £ederal funds for the City; WHEREAS, Minnesota Statutes Section 161.36 (1998) requires that the terms and conditions of this agency be set forth in an agreement; and NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: That pursuant to Minnesota Statutes Section 161.36 (1998), the City does hereby appoint Mn/DOT its agent with respect to the receipt of all transportation related federal funds made available to the City for said Project(s). I. AGREEMENT EFFECTIVE DATE This agreement shall become effective upon such date as it is approved and executed by the City, Mn/DOT, and the appropriate State officials, pursuant to Minnesota Statutes Section 16C.05 (1998). II. DUTIES OF THE CITY A. Contract Letting Requirements. In the letting of a contract for a Project, the City shall first obtain written authorization from Mn/DOT for the Project to proceed to letting. After authorization is obtained, the following procedure shall be followed in accordance with Minnesota Law. ] q°�. 9 5� Agreement No. 79394 1. Advertisements for Bids The City shall publish the advertisements calling for bids on Proj ects in the c'onG r,c- ; c,n 13n11 Pr; n, and in the officially designated newspaper of the City. The advertisement shall state where the proposals, plans, and specifications will be available for the inspection of prospective bidders. 2. Bid Openings Bids received in response to advertisements for bids shall be opened by an official of the City. After the bids are opened, the City shall first consider the bids and thereupon award the Project to the lowest responsible bidder. B. Contract Administration and Supplemental Agreements The City shall administer and have charge of the Projects. The City may make changes in the plans or the character of the work, and may enter into supplemental agreements with the contractor for the performance of the extra work or work occasioned by any change in plans or construction, as may be necessary to complete the Project. Any work performed under a supplemental agreement shall not be eligible for reimbursement by Mn/DOT unless the supplemental agreement has been approved by Mn/DOT and sufficient federal funds are available. C. Construction Duties. 1. Construction Requirements Projects sha11 be constructed in accordance with plans, special grovisions, and standard specifications £or each Project. The plans and specifications for each project shall be on file in the City Engineer's Office. The standard specifications shall be the latest edition of Standard Specifications for Highway Construction promulgated by MnjDOT, and all amendments thereto. The plans, special provisions and specifications are a part of this agreement by reference as though fully set forth herein. 2. Construction Supervision The City shall furnish and assign a publicly employed registered engineer (hereinafter "Project Engineer") to be responsible for the Projects and to supervise and direct the work to be performed under any contract let for the Projects, on behalf of Mn/DOT. The City shall furnish such other personnel, services, supplies, and equipment as shall be 2 °lg -°� 5 � Agreement No. 79394 necessary in order to properly supervise, inspect, and document the work for the Project. During the progress of the work on the Projects the City authorizes its Project Engineer to request from Mn/DOT, specific engineering services to be performed by skilled employees of the Department of Transportation. MnjDOT may, but is not obligated to, furnish the requested services. If Mn/DOT furnishes the services requested, then the City shall reimburse Mn/DOT for the full cost and expense of furnishing such services. The costs and expenses shall include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 3. Construction Reporting The City shall prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports shall be retained by the City in accordance with Mn/DOT�s record retention schedule for federal aid Projects. At regular monthly intervals after work has started under a contract for a Project, the City, through its Project Engineer, shall prepare partial estimates in accordance with the terms of the contract for the Project and the procedures established by Mn/DOT. Partial estimates must be submitted to MnjDOT for the City to receive reimbursement. Each partial estimate shall be certified by the Project Engineer in charge and by the individual, firm, or corporation contracting for and undertaking prosecution of the prescribed work (hereinafter "Contractor"). Upon completion of a Project, the Project Engineer shall prepare and submit to Mn/DOT the final estimate data, together with the required project records in accordance with the terms of the contract 1et for the Project. Quantities listed on partial and final estimates shall be documented in accordance with the guidelines set forth in the Minnesota Department of Transportation Documentation Manual for Construction Pay Quantities. D. Construction Funds The entire cost of the Projects is to be paid from funds made available by the United States by way of federal aid, and by the City, and by state or state-aid funds. If for any reason the United States fails to pay any part of the cost or expense of the Projects, then the City shall be responsible £or the amount of money that the federal £unds would have paid. [t3 °l°�-�I S6 Agreement No. 79394 E. Contractor Payments Contracts to be let under this Agreement for the construction of Projects shall provide that the Contractor shall be paid partial payments designated in said contract as partial estimates, from time to time as the work progresses. The City shall require the contract to provide that the Contractor shall be paid a final payment, designated in said contract as a final estimate, for all work per£ormed, upon completion and acceptance of Project work. F. Civil Rights Act During the performance of this Agreement, the City, for itself, its assignees and successors in interest, sha11 comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 C.F.R. 21 through Appendix H and 23 C.F.R. 710.405 {b) are made a part hereof by reference with the same force and effect as though fully set forth herein. G. Final Inspection When Project work is completed on any Project, the City shall request final inspection from Mn/DOT. If the Projects are found to have been completed in accordance with the plans and specifications for the Projects, Mn/DOT shall then release any remaining funds due to the City for the respective Project. H. UCilities The City shall treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with "A Policy for the Accommodation of Utilities on Highway Rights of Way�� as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division, which is made a part hereof by reference. I. Maintenance The City sha11 assume fu11 responsibility for upkeep, maintenance and operation of any facility constructed or reconstructed by a Project under this Agreement. J. Claims The City shall pay any and all lawful claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the Project work under any contract let for the Projects, in the event that the federal government does not pay the same. In all events, the City sha11 hold the Department of Transportation and Mn/DOT harmless from the claims and from any claims arising out of this Agreement and to pay any and all .! ��,�gs� Agreement No. 79394 expenses and costs connected with the Projects or the construction thereof which the.federal government does not pay. III. DUTSES OF MnJDOT Mn/DOT accepts appointment as Agent of the City and agrees to act in accordance herewith. A. Payments MnjDOT shall receive the funds to be paid by the United States as federal aid funds for the Projects, and shall reimburse the City for the eligible federal share of each partial payment made to the_ contractor, after the payment has been made, and as vouchers for such partial payments are submitted to Mn/DOT requesting reimbursement. B. Authority of Mn/DOT Mn/DOT retains the authority to suspend unsatisfactory work, demand corrective measures, or withhold federal and/or state-aid funds as may be appropriate, as grovided in Minnesota Rules 8820.3000, subpart 6 (1997). On behalf of the City, Mn/DOT may perform any other actions necessary to complete the Projects in a satisfactory manner. Mn/DOT may enter into any agreement for and on behalf of the City with the United 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 any Project. To that end, MnjDOT may bind and commit the City in such agreement to the performance o£ any and all things required by any law of the United States, or any regulation issued by federal authority pertaining thereto, necessary for the purpose of procuring and having paid the federal aid available for said Projects. Mn/DOT may perform on behalf of the City any other acts as may be necessary or required under any law of the United States or of any regulation issued by proper federal authority in order to cause the Projects to be completed and to obtain and receive the federal aid made available therefore. The decision of MnfDOT on final acceptance of the project, and other matters necessary to complete the Project, shall be final, binding, and conclusive on the parties hereto_ 5 aa �q s6 Agreement No. 79394 IV. 130NDISCRIMINATION: MnjDOT TITLE VI REQUIREMENTS It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Sven in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. Zt sha11 be the responsibility of the City to carry out the above requirements. V. AUDITING As provided under Minnesota Statutes Section 16C.05, subdivision 5(1998), all books, records, documents and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years. The City shall comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, and shall be responsible for any costs associated with the performance of the audit. VI. TERMINATION Mn/DOT or the City may terminate this Agreement at any time with or without cause, by giving the other party ninety (90) days' advance written notice of termination. VII_ AGREEMENT LIMITATIONS A11 provisions of this Agreement shall be subject to limitations provided in Federal and State of Minnesota laws. ��,-�s � Agreement No. 79394 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF ST. PAUL MINNESOTA DEPARTMENT OF TRANSPORTATION By: Title: Date: By: � Title: Director, Division of State Aid Date: Approved as to Form and Execution by the Office of the Attomey General: Title: City Engineer Date: � Title: ACKNOWLEDGMENT This instrument was acknowledged before me this day of 199_, Date: DEPARTMENT OF ADMINISTRATION By Norm Coleman Title Mayor and Thomas J. Eggum � Date: Title City Engineer of Citv of St. Paul (Name ofAgency) and did execute this instrument on behalf of the agency intending to be bound thereby. .�ppssu��,l��o�e�.� '��--9 y'�''9g ASS(STA� C� At►or� NOTARY PUBLIC My Commission Expires: r� 0�; �I�lAL Presented By Re£erred To Committee: Date 1 2 3 4 5 6 7 8 9 i0 it 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 WHEREAS, on some City of Saint Paul road, bridge or transit projects, the City finances either in whole or in part the projects with Federal funding; and WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires the Minnesota Department of Transportation to act as its agent in accepting Federal Aid on the City's behalf for construction, improvement or maintenance of roads, bridges or transit facilities financed either in whole or part with Federal funds; and WHEREAS, the Minnesota Department of Transportation is willing to act as the City's agent in accepting Federal funds for the City; and WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement; now therefore, BE IT RESOLVED, that the Mayor and the City Engineer are hereby authorized and directed for and behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said Federal Aid participation as set forth and contained in the "Minnesota Department of Transportation Agency Agreement No. 79394", a copy of which said agreement was before the City Cou�cil and which is made a part here of by reference. Yeas II Nays II Absent Adopted by Council: Date �� G �0.��1 ��—� �— Adoption Certified by Council Secretary � Appr By Council File # — 1� - °t5�, RESOLIlTION Green Sheet # 102726 T SAINT PAUL, MINNESOTA 3G Requested by Department of: Mayor fqsj Submission to Council Form Approved by City Attorney B �(� � � � 9.a?• 99 � �r,�b C`wo�i��"�"" 9/23/99TE� GREEN SHEET No. 102726 Initial/Dafe InitlaVDate CqMACT PERSON & PNONE q�� � S L Paul St. Martin 266-6118 `�'�� DEPARTMENTDIpECTOR 5 CffVCAUNCiI MUSTBEONCOUNCILAGENDABY(�A'f� ASSIGN � �(.p.9.a�.�90 ASAP Cm ATT��� CT' CLERK NUMBERFOq NOUiP1G ❑FlNANCIALSFAVICES�IR ❑FlNANCIALSERV/ACLTG ❑ MAYOR(OR ASSISTANT) (/ ' �� ❑ � W � N ❑ ❑ TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION REQUE5lED Authorize the Mayor and the City Engineer to enter into agreement with the Minnesota Department of Transpoitation which prescribes term and conditions of Federal Aid pazticipauon on City of Saint Paul Roadway, Bridge and Transit Projecu. RECOMMENDATIONS:ADP�'e�A)orRejeci(Fl) PERSONALSERVICEC�NTRACT50.W5TANSWERLHEFOLLOWINGQUES110N5: � PLAkN�NGCAMMiSSiOt�1 t. HazMapersoMmmeverworketluntleracontaqbrlFistleparlmenY� YES NO � CIBCOMMITTEE CIVILSERVICECOMMISSION 2 HazthispersoNfirmeverbeenadryemployae� - VES NO �` STAFF - 3. DoesMispersoNfirmpo5sessasltlllnotnom�ailypossessetlbyanycurrentGryemployee? _ YES NO 4. Is tnis persoNfirtn a Wrgeted ventlor? MYTIATING PflOeLEM, I55UE, OPPORTINRY (WHD, WHAT, WHEN, WFiERE, WHI�: The City funds some road, bridge, and transit projects with Fedezal funding. The Minnesota Department of Transpontion acts as the City's agent in accepring the Federal funding. This agreement revises existing agreement which was signed in 1989. The new agreement gives the City more flexibility in letting and administering construction convacts. A copy of the agreement is attached. ADVANTAGESIFAPPROVED: The City will continue to be eligible to receive Federal funding. There will be a reducrion in wntract administra6on costs on the Fedetal project. lr+.lY�<�.,3�c =;`� eus�� :p�c. " P, _ F - „ DISADVANTAGESIFAPPRpVED: � None ��� �� ��C�� v.�„ z;:- D13qDVAMAGESIFNOTAPPROVED "'��f F' a� ' :'.t' • - �" �;�, �?: e � t�•_: ... ' N/A ^ ' OTALAMOUNT OF TRANSACTION $ N/A COST/REVENUE BUDGE7ED (CIRCLE ONE) �ES No FUNDING SOURCE AC71VI7Y NUMBER � FINANQAL MFOqMATION (E%PLAIN) � q .+ 4JC1�i]'S�iY+� ?`S�b.a�C���i� 4� S�P 2 � i�99 aq-q s c AGREEMENT NO. 79394 MINNESOTA DEPARTMENT OF TRANSPORTATION DIVISION OF STATE AID FOR LOCAL TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF ST. PAUL This Agreement made and entered into by and between the City of St. Paul (hereinafter "City") and the State of Minnesota acting through its Department of Transportation (hereinafter "Mn/DOT"), WHEREAS, pursuant to Minnesota Statutes Section 161.36- (1998), the City desires MnJDOT to act as its agent in accepting federal aid on the City's behalf for construction, improvement, or maintenance of roads, bridges, or transit facilities financed either in whole or part with federal monies (hereinafter "Projects"); and WHEREAS, Mn/DOT is willing to act as the City's agent in accepting £ederal funds for the City; WHEREAS, Minnesota Statutes Section 161.36 (1998) requires that the terms and conditions of this agency be set forth in an agreement; and NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: That pursuant to Minnesota Statutes Section 161.36 (1998), the City does hereby appoint Mn/DOT its agent with respect to the receipt of all transportation related federal funds made available to the City for said Project(s). I. AGREEMENT EFFECTIVE DATE This agreement shall become effective upon such date as it is approved and executed by the City, Mn/DOT, and the appropriate State officials, pursuant to Minnesota Statutes Section 16C.05 (1998). II. DUTIES OF THE CITY A. Contract Letting Requirements. In the letting of a contract for a Project, the City shall first obtain written authorization from Mn/DOT for the Project to proceed to letting. After authorization is obtained, the following procedure shall be followed in accordance with Minnesota Law. ] q°�. 9 5� Agreement No. 79394 1. Advertisements for Bids The City shall publish the advertisements calling for bids on Proj ects in the c'onG r,c- ; c,n 13n11 Pr; n, and in the officially designated newspaper of the City. The advertisement shall state where the proposals, plans, and specifications will be available for the inspection of prospective bidders. 2. Bid Openings Bids received in response to advertisements for bids shall be opened by an official of the City. After the bids are opened, the City shall first consider the bids and thereupon award the Project to the lowest responsible bidder. B. Contract Administration and Supplemental Agreements The City shall administer and have charge of the Projects. The City may make changes in the plans or the character of the work, and may enter into supplemental agreements with the contractor for the performance of the extra work or work occasioned by any change in plans or construction, as may be necessary to complete the Project. Any work performed under a supplemental agreement shall not be eligible for reimbursement by Mn/DOT unless the supplemental agreement has been approved by Mn/DOT and sufficient federal funds are available. C. Construction Duties. 1. Construction Requirements Projects sha11 be constructed in accordance with plans, special grovisions, and standard specifications £or each Project. The plans and specifications for each project shall be on file in the City Engineer's Office. The standard specifications shall be the latest edition of Standard Specifications for Highway Construction promulgated by MnjDOT, and all amendments thereto. The plans, special provisions and specifications are a part of this agreement by reference as though fully set forth herein. 2. Construction Supervision The City shall furnish and assign a publicly employed registered engineer (hereinafter "Project Engineer") to be responsible for the Projects and to supervise and direct the work to be performed under any contract let for the Projects, on behalf of Mn/DOT. The City shall furnish such other personnel, services, supplies, and equipment as shall be 2 °lg -°� 5 � Agreement No. 79394 necessary in order to properly supervise, inspect, and document the work for the Project. During the progress of the work on the Projects the City authorizes its Project Engineer to request from Mn/DOT, specific engineering services to be performed by skilled employees of the Department of Transportation. MnjDOT may, but is not obligated to, furnish the requested services. If Mn/DOT furnishes the services requested, then the City shall reimburse Mn/DOT for the full cost and expense of furnishing such services. The costs and expenses shall include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 3. Construction Reporting The City shall prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports shall be retained by the City in accordance with Mn/DOT�s record retention schedule for federal aid Projects. At regular monthly intervals after work has started under a contract for a Project, the City, through its Project Engineer, shall prepare partial estimates in accordance with the terms of the contract for the Project and the procedures established by Mn/DOT. Partial estimates must be submitted to MnjDOT for the City to receive reimbursement. Each partial estimate shall be certified by the Project Engineer in charge and by the individual, firm, or corporation contracting for and undertaking prosecution of the prescribed work (hereinafter "Contractor"). Upon completion of a Project, the Project Engineer shall prepare and submit to Mn/DOT the final estimate data, together with the required project records in accordance with the terms of the contract 1et for the Project. Quantities listed on partial and final estimates shall be documented in accordance with the guidelines set forth in the Minnesota Department of Transportation Documentation Manual for Construction Pay Quantities. D. Construction Funds The entire cost of the Projects is to be paid from funds made available by the United States by way of federal aid, and by the City, and by state or state-aid funds. If for any reason the United States fails to pay any part of the cost or expense of the Projects, then the City shall be responsible £or the amount of money that the federal £unds would have paid. [t3 °l°�-�I S6 Agreement No. 79394 E. Contractor Payments Contracts to be let under this Agreement for the construction of Projects shall provide that the Contractor shall be paid partial payments designated in said contract as partial estimates, from time to time as the work progresses. The City shall require the contract to provide that the Contractor shall be paid a final payment, designated in said contract as a final estimate, for all work per£ormed, upon completion and acceptance of Project work. F. Civil Rights Act During the performance of this Agreement, the City, for itself, its assignees and successors in interest, sha11 comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 C.F.R. 21 through Appendix H and 23 C.F.R. 710.405 {b) are made a part hereof by reference with the same force and effect as though fully set forth herein. G. Final Inspection When Project work is completed on any Project, the City shall request final inspection from Mn/DOT. If the Projects are found to have been completed in accordance with the plans and specifications for the Projects, Mn/DOT shall then release any remaining funds due to the City for the respective Project. H. UCilities The City shall treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with "A Policy for the Accommodation of Utilities on Highway Rights of Way�� as approved on April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division, which is made a part hereof by reference. I. Maintenance The City sha11 assume fu11 responsibility for upkeep, maintenance and operation of any facility constructed or reconstructed by a Project under this Agreement. J. Claims The City shall pay any and all lawful claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the Project work under any contract let for the Projects, in the event that the federal government does not pay the same. In all events, the City sha11 hold the Department of Transportation and Mn/DOT harmless from the claims and from any claims arising out of this Agreement and to pay any and all .! ��,�gs� Agreement No. 79394 expenses and costs connected with the Projects or the construction thereof which the.federal government does not pay. III. DUTSES OF MnJDOT Mn/DOT accepts appointment as Agent of the City and agrees to act in accordance herewith. A. Payments MnjDOT shall receive the funds to be paid by the United States as federal aid funds for the Projects, and shall reimburse the City for the eligible federal share of each partial payment made to the_ contractor, after the payment has been made, and as vouchers for such partial payments are submitted to Mn/DOT requesting reimbursement. B. Authority of Mn/DOT Mn/DOT retains the authority to suspend unsatisfactory work, demand corrective measures, or withhold federal and/or state-aid funds as may be appropriate, as grovided in Minnesota Rules 8820.3000, subpart 6 (1997). On behalf of the City, Mn/DOT may perform any other actions necessary to complete the Projects in a satisfactory manner. Mn/DOT may enter into any agreement for and on behalf of the City with the United 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 any Project. To that end, MnjDOT may bind and commit the City in such agreement to the performance o£ any and all things required by any law of the United States, or any regulation issued by federal authority pertaining thereto, necessary for the purpose of procuring and having paid the federal aid available for said Projects. Mn/DOT may perform on behalf of the City any other acts as may be necessary or required under any law of the United States or of any regulation issued by proper federal authority in order to cause the Projects to be completed and to obtain and receive the federal aid made available therefore. The decision of MnfDOT on final acceptance of the project, and other matters necessary to complete the Project, shall be final, binding, and conclusive on the parties hereto_ 5 aa �q s6 Agreement No. 79394 IV. 130NDISCRIMINATION: MnjDOT TITLE VI REQUIREMENTS It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Sven in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. Zt sha11 be the responsibility of the City to carry out the above requirements. V. AUDITING As provided under Minnesota Statutes Section 16C.05, subdivision 5(1998), all books, records, documents and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years. The City shall comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, and shall be responsible for any costs associated with the performance of the audit. VI. TERMINATION Mn/DOT or the City may terminate this Agreement at any time with or without cause, by giving the other party ninety (90) days' advance written notice of termination. VII_ AGREEMENT LIMITATIONS A11 provisions of this Agreement shall be subject to limitations provided in Federal and State of Minnesota laws. ��,-�s � Agreement No. 79394 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF ST. PAUL MINNESOTA DEPARTMENT OF TRANSPORTATION By: Title: Date: By: � Title: Director, Division of State Aid Date: Approved as to Form and Execution by the Office of the Attomey General: Title: City Engineer Date: � Title: ACKNOWLEDGMENT This instrument was acknowledged before me this day of 199_, Date: DEPARTMENT OF ADMINISTRATION By Norm Coleman Title Mayor and Thomas J. Eggum � Date: Title City Engineer of Citv of St. Paul (Name ofAgency) and did execute this instrument on behalf of the agency intending to be bound thereby. .�ppssu��,l��o�e�.� '��--9 y'�''9g ASS(STA� C� At►or� NOTARY PUBLIC My Commission Expires: r�