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
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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.
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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.
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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
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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
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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.
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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.
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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.
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COMPLIANCE IdITH LAWS. The ctty shall comply with all Federal, State and local
laws, together with all ordinances and regulations applicable to the work.
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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.
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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.
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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.
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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.
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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
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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.
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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 �
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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.
..__.....�--
__._.-_-_--- :,>, �