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84-1519 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PALTL Council � CANARV - DEPARTMENT File NO. �� /�/• BLUE - MAVOR 1 ; C u �il Resolution , Presented By �e To ��� �lC. w � ��_ Committee: Date L��� '� Out of Committee By Date WHEREAS, Minn. Stat. Sec. 161 .142 pertaining to the Great River Road provides that the Commissioner may act as agent for any political subdivision of the State in accepting federal aid in their behalf; and WHEREAS, The City proposes to implement the construction of a Great River Road project known as the Indian Mounds Park Rehabilitation project; and WHEREAS, Said project is identified in the records of the Department of Transportation as S.P. 164-080-03, and in the records of the Federal Highway Administration as Minnesota Project GR 003-3 (91 ) , and WHEREAS, The City desires to obtain in federal aid participation in the necessary construction engineering costs in connection with said project; NOW THEREFORE BE IT RESOLVED: THAT pursuant to Minnesota Statutes, 161 .142, the Commissioner of Transportation be appointed as Agent of the City of St. Paul to accept as its agent, federal aid funds which may be made available for eligible construction engineering costs for S.P. 164-080-03, and THAT the Mayor and City Clerk are hereby authorized and directed for and on behalf of che City Council 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 Agreement No. 62325 a copy of which said agreement was before the City Council and which is made a part hereof by reference. COUNCILMEN Requested by Department of: Yeas ���� Flynns � Community Services xxewc br�w [n Favor Masanz � �NsesFe� ` ///I Scheibel _ Against Llt2 L�[ ' Tedesco YY�Ms�en- NOV � _ g� Form A roved b Cit or Adopted by Council: Date c Certified Ya s d Cou cil BY � By ' l�ppro y lVlavor: Date — App ov by Mayor for Sub is , Council By By P'tlBLISHED NOV 1 '7 1984 � � � . �1,��-is�9 lawful claims arising out of or incidental to the performance of the work covered by this agreement in the event that the federal government does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless from said claims and from any claims arising out of this agreement. . Eligible cost and expense of construction engineering shall be based on actual documented costs and may consist of the following: (a) The direct labor charges on each and all employees of the City for the time that said employees shall be engaged in the work to be performed by the City hereunder. Said labor charges shall include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed when supported by adequate records. (b) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on the work to be performed hereunder, at rates reflective of the City's actual cost. (c) The cost incurred by the City in the employment of outside forces for performance of the work hereunder as subject to the agreement provisions of Section 9, Subletting. (d) Expenditures for materials, supplies, mechanical data processing and equipment rental limited to the actual expenditures for the purposes of this agreement. Acceptability of costs under this agreement and under any agreement entered into by the City under Section 9 - Subletting shall be determined in accordance with the cost principles and procedures set forth in the applicable Federal Procurement Regulations, Subpart T-15.7 (Grants and Contracts with State and Local Governments) or Subpart 1-15.2, as modified by Subpart 1-15.102 (Contracts with Commercial Organizations) which are made a part hereof by reference with the same force and effect as though fully set forth herein. Expenditures for maintenance, general administration, supervision and other overhead of the City shall not be eligible for federal participation. Partial payments will be made to the City not more often than once each thirty (30) days, and shall be for services performed during one (1) or more calendar months. At the close of each calendar month or other billing period, the City shall submit to the Commissioner invoices in quintuplicate, for services rendered and for reimbursable expenses incurred during that period. These invoices should be submitted within thirty (30) days following Page No. 3 o�� �� �, CSlParks ` . ���' /.5�9 �..,.�.......r.,. ,._..,......, ;�.�.�.��PAR't'T�Nfi John Yii rka rrw,.� . � . ����Y ��I�I�iYr�����. " � ' � .. •.., . ..� �:-�.. '.�' � . 292-.7400 ai�Nf �tt�b�3, 1484 �ITE ' ���� (�out#ng �d:E����itm Sheet); Ass i N�nber #ar_Rt�fn rtler C1 i Al l Lo�ati�s fcr ' � 5� a�ure : 1,,. Department Di recttar . Ci�,y Attorney. �/� �`� fli rector flf i�dg�ntl�,Yo�' ���� t � Fin�ace and l�ana+ge�t Services Director �� RECEIV�� r.,�,. Ci ty Cl eric _ ' � Badget Director OCT �i ��;� ,_5 Parks and. Recreation ' MAYOR'S OFF(CE ...,_....�..Y.,._� � �� i�at �li 1 l be A�hi eved ; �a�C# . Act3fln' op the A�tta�ed:i�at�rimis? P ` �tationale : This action necessar.y to authorize agreement where6y Cfty wi11 receive � federal reimbursement for construction engineeri.ng/inspection costs in connection with' Great River Road Ir�dian Mounds Park Rehabilitation project: F3r�ancia'�, 6i��e�ry and Persau►el :I��ats Ar�t3cipated: ,.._.r...._�.�..�.�. � � _ . Estimated reimbursernent $28,500`_ _. _ . Fundi� Sourae a�d �'�d �1;,`vity,I��ber Char or Cr�lted: — ______._. _ ' ` 6�379-883-000 L-8825 . . . l�ttachments (lis� and N�r al� Atta nts): . .. 1 . Council Resofiution 2. Agreement DEPARTl�NT REYiEW CIi'Y ATT�EY REVIEW . ; �X , Yes No Counci 1 Resol ut�on Reiqui red? Resol ution :Requi red? �: Yes � No ° Yes X Nt� Insurance R�quired? Iasurance Suffici�nt2 -Yes No ��- ': _.....,_ ,Yes X No Insura�ce Attached? - : Revision of 'October, i982 (�ee Rev�rse Side for Tnstr�tions�: � � � . . - � �'�-is�� NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: - 1 - That pursuant to Minn. Stat. Sec. 161.142 the City does hereby appoint the Commissioner its agent to accept and receive all federal funds made available for construction engineering costs on S.P. 164-080-03. - 2 - ELIGIBILITY. The reasonable cost and expense of field and office work necessary for the proper supervision, inspection, materials testing, staking and documentation of project activities after the contract letting in accordance with applicable federal laws and regulations shall be eligible for federal aid participation. Said supervision, inspection, materials testing, staking and documentation shall be done in accordance with the contract specifications and recognized and accepted practices and procedures as those set forth in the various Minnesota Department of Transportation Manuals in order to be eligible for federal aid. Any portion of the above work which has been performed prior to specific written authorization from the Office of State Aid, will not be eligible for federal aid participation. The City will assign supervisory responsibility for all work performed under the terms of this agreement to the Director, Division of Parks and Recreation. - 3 - LIAISON, AUDIT, EVALUATION AND MONITORING. The Commissioner shall make the necessary requests to the Federal Highway Administration for authorization of f.ederal participation in construction engineering and reimbursements therefor under the terms of this agreement. To insure compliance with all applicable federal regulations and laws, the Commissioner, or his representative, shall have the right to audit, evaluate and monitor, as deemed necessary, the work to be performed under this agreement. In addition, as provided under Minn. Stat. Sec. 16.095, all books, records, documents and accounting procedures and practices of the City are subject to examination by the Commissioner or his authorized representative and either the legislative auditor or the state auditor as appropriate. This same right of examination shall also apply to those parties to any agreement entered into by the City under Section 9 - Subletting. - 4 - PAYMENT. The estimated cost of the proposed construction engineering is $34,560. Federal reimbursement shall not exceed $28,512 without a supplenental agreement. It is anticipated that 75% of the cost of the eligible construction engineering to be paid from funds made available by the Federal Highway Administration by way of federal aid and that the remaining 25% is to be paid by the City. Eligible costs of construction engineering for federal reimbursement shall be limited to 15y of eligible construction costs. If for any reason, the Federal Highway Administration fails to pay any part of the cost or expense of said construction engineering then, in that event, the City agrees to pay the same. The City further agrees to pay any and all Page No. 2 ��� ` • � � � � � . . . Ca=�'��si q AGREEMENT N0. 62325 OFFICE OF STATE AID MINNESOTA DEPARTMENT OF TRANSPORTATION . AGENCY AGREEMENT WITH THE CITY OF ST. PAUL FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING ON S.P. 164-080-03 GR 003-3(91) ❑A40 Original Requisition ❑A46 Prior Year Original ❑A45 Decrease ❑A41 Requisition tncrease ❑A46 Prior Year Increase Trn.No. Account I.D. Orpsnizstion F.V. R�qui�ition No. Vsndor No. TYp� T�rms Cost Cod�5 C.CO 1 C.CO 2 C.CO A4 �� � / Cort Cod�4 Amount Suftix Obj�ct / // $END TYPE OF TRANSACTION � � Entered by A40 A�t D�t� Numb�r � � � E ntered by A44 A48 A46 Oat� Numb�r This agreement made and entered into by and between the City of St. Paul, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, Minn. Stat. Sec. 161.142 pertaining to the Great River Road provides that the Commissioner may act as agent for any political subdivision of the State in accepting federal aid in their behalf; and WHEREAS, The City is proposing to implement the construction of a Great River Road project known as the Indian Mounds Park Rehabilitation project; and WHEREAS, Said project is identified in the records of the Department of Transportation as S.P. 164-080-03, and in the records of the Federal Highway Administration as Minnesota Pro3ect GR 003-3(91), and WHEREAS, The City desires to obtain federal aid participation in the necessary construction engineering costs in connnection with said pro�ect. Page No. 1 �. �. � � � � . . � � �y�si9 the end of the period covered by the account. These invoices or supplements thereto, shall contain whatever details that may be necessary for a proper audit. Such details shall consist of at least the following; (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive shall be applied to total labor dollars. (c) The equipment charges shall be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) The breakdown of outside services used shall be detailed and supporting invoices shall be submitted along with the billing. Documentation shall be included that costs of outside services have been paid. (e) Detail for materials, supplies and other items shall be provided so the description, units and unit prices are included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The invoices shall include 100y of eligible charges applicable to the project so that the prorata share of federal and city participation can be applied to to the total costs. No payment shall be due until the account has been audited and approved by duly authorized representatives of the Commissioner. The Commissioner will transmit invoices submitted by the City for services performed under the terms of this agreement to the Federal Highway Administration, Department of Transportation for federal reimbursement. Upon receipt of federal funds by the Commissioner for said services, the Commissioner will make payment to the City. - 5 - INSPECTION OF WORK. The Commissioner shall, at all times during this agreement and for three (3) years from the date of final payment of federal funds to the State with respect to the project, be accorded proper facilities for inspection of the work hereunder and shall at all times have access to the premises, to all books, records, correspondence, instruction, receipts, vouchers, memoranda of every description pertaining to the work hereunder. The Federal Highway Administration shall have the same right of inspection as accorded the Commissioner herein. - 6 - RECORDS. The City shall maintain an accurate costkeeping system as to all costs incurred in connection with the subject of this agreement and shall Page No. 4 Or, �- � .� . � � . � � G�,��y- �s�9 produce for examination books of account, 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 Commissioner or his duly authorized representatives and shall permit extracts and copies thereof to be made. - 7 - COMPLIANCE IdITH LAWS. The ctty shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. - 8 - REGISTRATION. Project administration, documentation and inspection performed in accordance lierewith shall be performed by or under the direct supervision of a professional engineer, architect or land surveyor as applicable, registered in the State of Minnesota and all documents and reports requiring the Project Engineers signature shall be signed by him as appropriate. - 9 - SUBLETTING. The services of the City to be performed hereunder shall not be assigned, sublet or transferred unless written authority to do so is granted by the Commissioner. This written consent shall in no way relieve the City from its primary responsibility for performance of the work. - 10 - EMPLOYEES. The City shall not engage, on a full or part-time or other basis durin� the period of this agreement, any professional or technical personnel who are or have been at any time during the period of this agreement in the employ of the State, except regularly retired employees, without written consent of the State. This provision is not intended to apply to engineering and technical services which may be provided by the Minnesota Department of Transportation upon request of the City. - 11 - CITY EMPLOYEES. Any and all employees of the City or other persons while engaged in the performance of any work or services required by the City under this agreement shall not be considered 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 employe-es or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the City's employees or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the State. The City shall require proof of Worker's Compensation Insurance from any sub-contractor. - 12 - LI�fITATIONS OF LAW. All provisions of this agreement shall be subject to limitations provided in the State of Minnesota and Federal Laws. Page No. 5 �� �•� � � - - ���^i-��� - 13 - NONDISCRIMINATION REGULATIONS. During the performance of this agreement, the City itself, its assignees and successors in interest agrees to comply vith Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 Code of Federal Regulations (CFR) 21 through Appendix 4 and 23 CRF 710.405 (b) are made a part hereof by reference with the same force and effect as though fully set forth herein. - 14 - MINORITY BUSINESS Eh'TERPRISE POLICY. It is the policy of the Federal Department of Transportation and the State that minority business enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the riBE requirements of 49 CFR, Part 23, apply to this agreement. The City shall insure that minority business enterprises as defined fn 49 CFR, Part 23, have the maximum opportunity to participate in the performance of contracts, financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that minority business enterprises have the maximum opportunity to compete for and perform such contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Federally funded contracts under the terms of this agreenent. Failure to carry out the above requirements shall constitute a breach of this agreement and may result in termination of the agreement by the State, and possible debarment fron performing other contractual services with the Federal Department of Transportation. - 15 - A.ti'TITRUST CLAL'SE. The City hereby assigns to the State of *linnesota any and all claims for overcharges as to goods and/or services provided in connection with this agreement resulting from antit�st violations which arise under the antitrust laws of the United States and the antitrust laws of the State of ,linnesota. - 16 - I:IPLEMENTATIOI� OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION COh'TROL ACT. The City stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirEnents of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. The City further agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. Page No. 6 � �- � �� � � . . �-' �� isi� The City stipulates that as a condition of federal aid pursuant to this agreement it shall notify the Commissioner of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. - 17 - CONSTRUCTION OF PROJECT. Letting of the project and payment for the pro�ect construction shall be under an agency agreement entered into by the City and the Commissioner for that purpose and in force at the time of the opening of bids for the pro�ect. - 18 - TERM OF AGREEMENT. This agreement shall be effective upon execution by the Minnesota Department of Finance contingent upon Federal Highway Administration authorization of federal participation in the work and shall remain in effect for five (5) years from such effective date or when final audit and payment have occurred, whichever occurs first. Such termination shall not remove any unfulfilled financial obligations of the City as set forth in the first paragraph of Section 4 Payment. The term of this agreement may be extended by a properly executed supplemental agreement. - 19 - APPROVAL. Before this agreenent shall become binding and effective, it shall be approved by resolution of the City Council and shall also receive the approval of such state officers as the law nay provide in addition to the Cocimissioner of Transportation. - 20 - ACCEPTANCE. That the Commissioner accepts this said appointment as Agent of the City and agrees to act in accordance herewith. Page No. 7 �r4 �� , . � . , " C,F�� iS�� Minnesota Department of CITY OF ST. PAUL Transportation Recommended for Approval By Director, Office of State Aid By MAYOR By Commissioner of Transportation Attest CITY CLERK APPROVED AS TO FORM AND EXECUTION By Spec. Asst. Attorney General APPROVED: DEPARTMENT OF AD"IINISTRATION By DEPARTMENT OF FINANCE By Date (SEAL) Page No. 8 + � � � � � . � C�,F������9 RESOLUTION BE IT RESOLVED, that pursuant to Minnesota Statutes, 161.142, the Commissioner of Transportation be appointed as Agent of the City of St. Paul to accept as its agent, federal aid funds which may be made available for eligible preliminary engineering costs for S.P. 164-080-03. Resolved, the Mayor and City Clerk are hereby authorized and directed for and on behalf of the City Council 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 Agreement No. 62325 a copy of which said agreement was before the City Council and which is made a part hereof by reference. (SEAL AND CERTIFICATION) Page No. 9 . 'e+'��! M E�'.�1l9NNR ,�, . ' • 't���. '+•PFQ-����6 4, D d t e ; October 31 , 1984 � � A9 m�itl 69 ;WS, '• �A:'�'� . . . � � • �. £� �� ��/5/ � COMM (TT � E RE PORT TO = Sqint Pau i City Council FROM � Commirtee �on PUBLIC woRxs " CF�iAIR, CHRIS NICOSIA �/��� ' The Publie ,��l�rks Committee a� its meeting of October 31 , 19$4 took 1;he following action: `�, He��r i nc� Date 1 . I1-8-84 VACATION: Petition of Frank J. Rekuski , Jr. for the v�cation (File No. 18-1984) of par�, of the alley in Block 7, Como Park 3rd Addition and part of Ger�nium Avenue between E. Como Blvd. and Avon 5treet for �the purpose of apartment construction for rental to the elderly and the str�et will be used for driveway access. Recommended anproval . 2. 11-13-84 RATIFICATIQN OF ASSESSMENTS: Im�roving the North-5outh _ alley in E�lock 1 , Gov. Johnsons Addition by grading 8 paving from Cook Avenue to Magnolia Avenue (bounded by Cook, Frank, Magnolia and Earl ) . " Recommended approval . 3. 11-8-84 �ATIFICATION OF ASSESSMENT5: lmpraving Sue 5treet by grading and paving with a 2-inch bituminous material . between Norfolk Avenue and Munster Stree�t. Recommended approval . 4. 11-8-84 RATIFICATION OF AS5ESSMEN75: Improving the alley in Block 7, Leechs Addition L�y grading and f�aving from the North line o� Lot 10 to McBoal Street (bounded by Goodrich, Leech, McBoal and Wilkin) . Recommended approval . 5. 11-8-84 RA7IFICATION OF ASSE5SMENTS: Improving the alley in Block 4, College Place 7aylors Division by grading and paving from Aldine Street to Charlotte Street (bounded by Charlotte, Taylor, Aldine and Hewitt) . Recommended approval . 6. 11-8-84 RATIFICA7ION OF ASSESSMENTS: Irn�roving the alley in Block 3, Stone. and Mortans Addition by grading and paving from Oesoto 5treet to Ivy Street (bounded by Brainerd, Burr, " Ivy and Desoto) . Recammended app�oval . 7, RESOLUTION: Amending vacation of portions of Conway Street and Etna. (10-18-8 4) . Recommended approval . 8. RESOLUTION: Authorizing agreemeni: be�tween Commissioner of ?ransportation and , the City for reimbursement for construction engineering costs in connection with Great River Road Project. (10-18-84) � Recommended approval . 9; ALASKA STREET - damage done �to ' street by Shafer Contracting trucks. . iNatter has been satisfactorily resoived by Department of Puh? ic Works. ..__.....�-- __._.-_-_--- :,>, �