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00-565OR�GINAL CITY presented By Eteferred To Committee: Date � �—�� \ �� `-k � /D 1 WHEREAS, the City of Saint Paul desires to enter into an agreement with the Minnesota Department 2 of'IYansportation for construction of the Kellogg Boulevazd Streetscape Project, so therefore 4 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation 5 be appointed as Agent of the City of Saint Paul to accept as its agent, federal aid funds which may 6 be made available for eligible transportation related projects. 7 - 8 BE IT FURTHER RESOLVED, Thomas J. Eggum, Director of Publie Works is hereby authorized and directed for 9 and on behalf of the City of Saint Paul to execute and enter into an agreement with the Commissioner 10 of 1�ansportation prescribing the terms and conditions of said federal aid participation as set forth . 11 and contained in "Minnesota Department of 1`ransport.ation Agency Agreement I3o. 79394, a 12 copy of which said agreement was before the City Council and which is made a part hereof by 13 reference. Requested by Department of: Bznanav B ea�� Bastrom Colemaze xarris y Rnitcr S � � Adopted by Council: Date �+�--� \� � 3��0 Adoption Certified by Council Secretary B �1 \�_ a . {--� � �_ _ Ppproved by PIa or: DaGe �� By: s��LW` Council File RESOLUTION Green Sheet If)pT PAUL, MINNESOTA Public Works By !/li Form Approved by City Attorney By: Z[�� ' � 1(°d� s' 36. 6 p Apnroved by Mayor for Submission to Counci' g ; _�`y�� G�'L� ✓ Public Works Ed Warn 2666142 MUST BE ON CpUNCILACaENDA BY (DA'!� TOTAL # OF SIGNATURE PAGES )ATEINITIATED I GREEN SHEET S/25/2000 ass�cn ❑4 CIT'ATTORNEV NUMBERFOR FOIfTING ❑ FlNMICIALSEftVICESOIR. oeananneivr oiaeeroa � MAYOR(ORASSISTANT� ❑ ❑ FlNANCIALSERV/ACCTG ❑ � � �� EO Warn � r C�i ❑ ickRU ert� ��V'� (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION RE�UESTED Approve resoluUOn allowing proper city officials [o sign aa eement between MnDOT and City of Saint Paul concerning the Kellogg Blvd. Streetscape Project. F2ECOMMENDATIONSApprove lA)orqejed (R) PLANNING COMMISS�ON CIB COMMITTEE qVIL SERVICE COMMISSION CONTSiACTS MUST ANSWER THE FOLLOWlNG QUESTIONS: 7. Has this persoNfirtn everworked under a contrect forthis depariment? YES NO 2. Has this personRirtn ever been a ciry employee? YES NO 3. Does this person/firtn possess a skill not nortnaly possessetl by any current ciry employee? YES NO 4. Is this vendoR INITIATING PROBLEM, ISSUE.OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY): '"' '" Pub]ic Works staff have successfully met all State and Federal requirements enabling the City to double [he amoun[ of federal funds for the project ftom $70Q000 to $1,400,000. The federal funds may no[ be available until after October 1, 2000 and [he CiTy desires the contrac[ to be substantially compiete before that date. ADVANTAGESIFAPPROVEU: Signing the agreemen[ allows construction to proceed as soon as possible and to be completed by the opening of the new NHL arena. �- � /hvrr� 1��t— � (G9�1� WO,�G �2p✓lil �O, t?�1 G c� ��- �'rv61n/��2i �/6-� DISADVANTAGESIFAPPROVED: The City may incur some short term borrowing costs in order to make contract payments during the summer of 2000. The short term borrowing po[ential depends on several factors including the amoun[ and timing of contractor invoices and the [iming of [he availability of Federal dollars, and ranges from $0 to $1.4 mil for 3 ro 6 months. DISADVAMAGES IF NOT APPROVED� The project will not be completed diuing the summer of 2000. fOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGE7ED ((;�gC F n NFy y� yG� FUNDING SOURCE ACTIV NUMBER COO �-�.�.� �� , u ri�unurieiiuFnoenel�nuievo�e�u� '� �� MAY 2 6 200!� � ` ; '#tt; � -�S No , 102943 CT'COUNCIL `�-P.5•3o.�] ��K CITY ATTORNEY � oo-5�S �� ` Minnesota Department of Transportation State Aid for Locat Transportation [Na(f Stop 5�0, 4th Floor 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office Tel.: 651 296-3011 Fax: 651 282-2727 May 17, 2000 Thomas Eggum St. Paul City Engineer 1000 City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 SUBJECT: SP 164-158-019, TEAX 6201 (112) Kellogg Boulevard Reconstruction and 5treetscape Agency Agreement No. 80354 Dear Mr. Eggum: Attached aze five copies of the agency agreement between the City of St. Paui and Mn/DOT, which allows City of St. Paul to advance construct with the above referenced project. Please review and if approved, have all five copies signed. A Council resolution similaz to the example attached, must be passed. The certified resolution should then be placed as the last page in each of the five copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/titie) on the signature page. Please retum all five copies of the agreement to me for Mn/DOT signatures. A fully executed copy wil] be retumed to you. If you have any questions or need any revisions, please feel free to contact me at 651.282.6479. Development Engineer cc: Robert Brown—Metro Division File oo-�bS SAMPLE RESOLUTION FOR AGENCY AGREEMENT BE TT RESOLVED, that pursuant to Minnesota Stat. Sec. 16136, the Commissioner of Tzansportauon be appointed as Agent of the C.1c��: Cou,:rp of to accept as its agent, federal aid funds which may be made available for eligibie transportation related projects. BE TI' FURTHER RESOLVED, the " (,�1u;ersl ita�ri��rraccrzf and the * tC'te,?,�(.�rr�€tf�l�t are hereby authorized and directed for and on behalf of the Cit��r"Ca��:tv 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 "Minnesota Department of Transportation Agency Agreement No. �xx�x", a copy of which said agreement was before the Ci�t� �c��sncilrCe.intv° E3�urc1 and which is made a part hereof by reference. *Titles of persons authorized to sign on behalf of the Ci� tlC'<;rrr�t;.* SAMPLE CERTIFICATION STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the CiittE"�r�u�;t� of at a duly authorized meeting thereof held on the day of , 19_, as shown by the minutes of said meeting in my possession. £;1er� A�cl €4t�o' Notary Public My Commission expires (SEAL) cx�-5b S Mn/DOT Agreement No. 80354 STATE OF MII�INESOTA AGENCY AGREEMENT �� BETWEEN � DEPARTMENT OF TRAI3SPORTATION AND / CTI'Y OF ST. PAUL FOR FEDERAL PARTICIPATTON IN ADVANCE CONSTRUCTION FOR S.P. 164-158-019; M.P. TEAX 6201(112) This agreement made and entered into by and between the Ciry of St. Paul, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter refened to as "Mn/DOT", Whereas, Agency Agreement No. 79394 has been executed between the City and MnlDOT, which appoints Mn/DOT as agent for the City with respect to the receipt of transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the City; and Whereas, the City is proposing a federal aid project to reconstruct a portion of Kellogg Boulevard with pedestrian and streetscape enhancements on existing right of way and mill and overlay six bridges, hereinafter referred to as the "Project"; and Whereas, the Project has been deternuned to be eligible for the expenditure of federal aid funds and is programmed in the approved STIP for the fiscal year 2001; and Whereas, the Project is identifaed in Mn/DOT records as State Project 164-158-019, and in Federai Highway Administration records as Minnesota Project TEAX 6201(112); and Whereas, the City desires to proceed with the construction of the project in advance of the year it is programmed for the federal funds; and Whereas, it is permissible under Federal Highway Administration procedures to perform advance construction of eligible projects with non-federai funds, with the intent to request federai funding for the federally eligibie costs in a subsequent federal fiscal yeaz, if sufficient funding and obligation authority aze available; and Whereas, the City desires to temporarily provide City State Aid andlor other local funds in lieu of the federal funds so that the project may proceed. (Mn/DOTAgeementNo. c�v�.�J'-�) Pa�e 1 6C�—S1oS NOW, THEREFORE, TT IS MUTUALLY AGREED AS FOLLOWS: I. DUTIES OF THE CITY. A. T'he City will let a contract and construct the Project 1n accordance with Agency Aa eement No. 79344. Payment provisions for federally eligibie costs will be as stated herein. B. It is estimated that the total cost of the Project is $ 2,550,000 and that the anticipated federal funding wili be capped at $ 1,400,000. The remaining shaze will be paid by the Ciry. C. Request for reimbwsement of the federal aid shaze of the federally eligible costs wiil be made after October 1, 2000, or earlier if funding and obligation authority are available (subject to the Area Transportation Partnership (ATP) policy). D. If the project is converted to federal funding before completion and final acceptance, requests for reimbursement will occw as partial estimates in accordance with Agency Agreement No. 79394. E. The City will be responsible for any part of the cost or expense of the Project that the Federal Highway Administration does not pay. II. DUTIES OF Mn/DOT. A. Mn/DOT will request FHWA authorization of the Project, and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal funding of eligible costs, between October 1, 2000 and January 31, 2001, or earlier if funding and obligation authority aze available. C. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn(DOT will reimburse to the City the federal aid share of the federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwazded to the City. (Mn/DOT Agreemen[ No. �� S�) Page 2 C�—S1oS III. AUTHORIZED REPRESENTATIVES. Each authorized representative is responsible for insuring that ail payments due to the other party are paid pursuant to the terms of this agreement. A. The City's authorized representative for the purposes of administration of this agreement is Thomas Eggum, Director of Public Works, City of St. Paul, 100� City Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, phone 651-266-6099, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell. Project Development Engineer, State Aid Division, Mail Stop 500, St Paul, MN 55155, phone 651-282-6479, or her successor. N. ASSIGNMENT. Neither the City nor MnJDOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, and will remain in effect for five (5) yeazs from the effective date or until ali obiigations set forth in this agreement have been satisfactorily fulfilled, whichever occurs fust. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. CANCELLATION. A. This Agreement may be canceled by the City or MnlDOT at any time, with or without cause, upon ninery (90) days written notice to the other party. Such termination will not remove any unfuifilled financial obligations of the City as set forth in this Agreement. B. In the event the State does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a sufficient level to allow for the processing of the Federal aid rennbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the Federal aid reimbursement requests. (MnIDOT Aareement No. ��' '�) Page 3 oo-sb� IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CTTY of ST. PAiJL � ACKNOWLEDGMENT This instrument was acknowledged before me this day of Title and Title of (Name of Agency) and did execute this instrument on behalf of the agency intending to be bound thereby. NOTARY PUBLIC My Commission Expires: IvIINNESOTA DEPARTMENT OF TRANSPORTATION � Title: Director, Division of State Aid Approved as to Form and Execution: I� 20 DEPARTMENT OF ADMINISTRATION Title: (Mn/DOT Agreement No. 2��.�J=�) Page 4 OR�GINAL CITY presented By Eteferred To Committee: Date � �—�� \ �� `-k � /D 1 WHEREAS, the City of Saint Paul desires to enter into an agreement with the Minnesota Department 2 of'IYansportation for construction of the Kellogg Boulevazd Streetscape Project, so therefore 4 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation 5 be appointed as Agent of the City of Saint Paul to accept as its agent, federal aid funds which may 6 be made available for eligible transportation related projects. 7 - 8 BE IT FURTHER RESOLVED, Thomas J. Eggum, Director of Publie Works is hereby authorized and directed for 9 and on behalf of the City of Saint Paul to execute and enter into an agreement with the Commissioner 10 of 1�ansportation prescribing the terms and conditions of said federal aid participation as set forth . 11 and contained in "Minnesota Department of 1`ransport.ation Agency Agreement I3o. 79394, a 12 copy of which said agreement was before the City Council and which is made a part hereof by 13 reference. Requested by Department of: Bznanav B ea�� Bastrom Colemaze xarris y Rnitcr S � � Adopted by Council: Date �+�--� \� � 3��0 Adoption Certified by Council Secretary B �1 \�_ a . {--� � �_ _ Ppproved by PIa or: DaGe �� By: s��LW` Council File RESOLUTION Green Sheet If)pT PAUL, MINNESOTA Public Works By !/li Form Approved by City Attorney By: Z[�� ' � 1(°d� s' 36. 6 p Apnroved by Mayor for Submission to Counci' g ; _�`y�� G�'L� ✓ Public Works Ed Warn 2666142 MUST BE ON CpUNCILACaENDA BY (DA'!� TOTAL # OF SIGNATURE PAGES )ATEINITIATED I GREEN SHEET S/25/2000 ass�cn ❑4 CIT'ATTORNEV NUMBERFOR FOIfTING ❑ FlNMICIALSEftVICESOIR. oeananneivr oiaeeroa � MAYOR(ORASSISTANT� ❑ ❑ FlNANCIALSERV/ACCTG ❑ � � �� EO Warn � r C�i ❑ ickRU ert� ��V'� (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION RE�UESTED Approve resoluUOn allowing proper city officials [o sign aa eement between MnDOT and City of Saint Paul concerning the Kellogg Blvd. Streetscape Project. F2ECOMMENDATIONSApprove lA)orqejed (R) PLANNING COMMISS�ON CIB COMMITTEE qVIL SERVICE COMMISSION CONTSiACTS MUST ANSWER THE FOLLOWlNG QUESTIONS: 7. Has this persoNfirtn everworked under a contrect forthis depariment? YES NO 2. Has this personRirtn ever been a ciry employee? YES NO 3. Does this person/firtn possess a skill not nortnaly possessetl by any current ciry employee? YES NO 4. Is this vendoR INITIATING PROBLEM, ISSUE.OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY): '"' '" Pub]ic Works staff have successfully met all State and Federal requirements enabling the City to double [he amoun[ of federal funds for the project ftom $70Q000 to $1,400,000. The federal funds may no[ be available until after October 1, 2000 and [he CiTy desires the contrac[ to be substantially compiete before that date. ADVANTAGESIFAPPROVEU: Signing the agreemen[ allows construction to proceed as soon as possible and to be completed by the opening of the new NHL arena. �- � /hvrr� 1��t— � (G9�1� WO,�G �2p✓lil �O, t?�1 G c� ��- �'rv61n/��2i �/6-� DISADVANTAGESIFAPPROVED: The City may incur some short term borrowing costs in order to make contract payments during the summer of 2000. The short term borrowing po[ential depends on several factors including the amoun[ and timing of contractor invoices and the [iming of [he availability of Federal dollars, and ranges from $0 to $1.4 mil for 3 ro 6 months. DISADVAMAGES IF NOT APPROVED� The project will not be completed diuing the summer of 2000. fOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGE7ED ((;�gC F n NFy y� yG� FUNDING SOURCE ACTIV NUMBER COO �-�.�.� �� , u ri�unurieiiuFnoenel�nuievo�e�u� '� �� MAY 2 6 200!� � ` ; '#tt; � -�S No , 102943 CT'COUNCIL `�-P.5•3o.�] ��K CITY ATTORNEY � oo-5�S �� ` Minnesota Department of Transportation State Aid for Locat Transportation [Na(f Stop 5�0, 4th Floor 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office Tel.: 651 296-3011 Fax: 651 282-2727 May 17, 2000 Thomas Eggum St. Paul City Engineer 1000 City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 SUBJECT: SP 164-158-019, TEAX 6201 (112) Kellogg Boulevard Reconstruction and 5treetscape Agency Agreement No. 80354 Dear Mr. Eggum: Attached aze five copies of the agency agreement between the City of St. Paui and Mn/DOT, which allows City of St. Paul to advance construct with the above referenced project. Please review and if approved, have all five copies signed. A Council resolution similaz to the example attached, must be passed. The certified resolution should then be placed as the last page in each of the five copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/titie) on the signature page. Please retum all five copies of the agreement to me for Mn/DOT signatures. A fully executed copy wil] be retumed to you. If you have any questions or need any revisions, please feel free to contact me at 651.282.6479. Development Engineer cc: Robert Brown—Metro Division File oo-�bS SAMPLE RESOLUTION FOR AGENCY AGREEMENT BE TT RESOLVED, that pursuant to Minnesota Stat. Sec. 16136, the Commissioner of Tzansportauon be appointed as Agent of the C.1c��: Cou,:rp of to accept as its agent, federal aid funds which may be made available for eligibie transportation related projects. BE TI' FURTHER RESOLVED, the " (,�1u;ersl ita�ri��rraccrzf and the * tC'te,?,�(.�rr�€tf�l�t are hereby authorized and directed for and on behalf of the Cit��r"Ca��:tv 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 "Minnesota Department of Transportation Agency Agreement No. �xx�x", a copy of which said agreement was before the Ci�t� �c��sncilrCe.intv° E3�urc1 and which is made a part hereof by reference. *Titles of persons authorized to sign on behalf of the Ci� tlC'<;rrr�t;.* SAMPLE CERTIFICATION STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the CiittE"�r�u�;t� of at a duly authorized meeting thereof held on the day of , 19_, as shown by the minutes of said meeting in my possession. £;1er� A�cl €4t�o' Notary Public My Commission expires (SEAL) cx�-5b S Mn/DOT Agreement No. 80354 STATE OF MII�INESOTA AGENCY AGREEMENT �� BETWEEN � DEPARTMENT OF TRAI3SPORTATION AND / CTI'Y OF ST. PAUL FOR FEDERAL PARTICIPATTON IN ADVANCE CONSTRUCTION FOR S.P. 164-158-019; M.P. TEAX 6201(112) This agreement made and entered into by and between the Ciry of St. Paul, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter refened to as "Mn/DOT", Whereas, Agency Agreement No. 79394 has been executed between the City and MnlDOT, which appoints Mn/DOT as agent for the City with respect to the receipt of transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the City; and Whereas, the City is proposing a federal aid project to reconstruct a portion of Kellogg Boulevard with pedestrian and streetscape enhancements on existing right of way and mill and overlay six bridges, hereinafter referred to as the "Project"; and Whereas, the Project has been deternuned to be eligible for the expenditure of federal aid funds and is programmed in the approved STIP for the fiscal year 2001; and Whereas, the Project is identifaed in Mn/DOT records as State Project 164-158-019, and in Federai Highway Administration records as Minnesota Project TEAX 6201(112); and Whereas, the City desires to proceed with the construction of the project in advance of the year it is programmed for the federal funds; and Whereas, it is permissible under Federal Highway Administration procedures to perform advance construction of eligible projects with non-federai funds, with the intent to request federai funding for the federally eligibie costs in a subsequent federal fiscal yeaz, if sufficient funding and obligation authority aze available; and Whereas, the City desires to temporarily provide City State Aid andlor other local funds in lieu of the federal funds so that the project may proceed. (Mn/DOTAgeementNo. c�v�.�J'-�) Pa�e 1 6C�—S1oS NOW, THEREFORE, TT IS MUTUALLY AGREED AS FOLLOWS: I. DUTIES OF THE CITY. A. T'he City will let a contract and construct the Project 1n accordance with Agency Aa eement No. 79344. Payment provisions for federally eligibie costs will be as stated herein. B. It is estimated that the total cost of the Project is $ 2,550,000 and that the anticipated federal funding wili be capped at $ 1,400,000. The remaining shaze will be paid by the Ciry. C. Request for reimbwsement of the federal aid shaze of the federally eligible costs wiil be made after October 1, 2000, or earlier if funding and obligation authority are available (subject to the Area Transportation Partnership (ATP) policy). D. If the project is converted to federal funding before completion and final acceptance, requests for reimbursement will occw as partial estimates in accordance with Agency Agreement No. 79394. E. The City will be responsible for any part of the cost or expense of the Project that the Federal Highway Administration does not pay. II. DUTIES OF Mn/DOT. A. Mn/DOT will request FHWA authorization of the Project, and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal funding of eligible costs, between October 1, 2000 and January 31, 2001, or earlier if funding and obligation authority aze available. C. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn(DOT will reimburse to the City the federal aid share of the federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwazded to the City. (Mn/DOT Agreemen[ No. �� S�) Page 2 C�—S1oS III. AUTHORIZED REPRESENTATIVES. Each authorized representative is responsible for insuring that ail payments due to the other party are paid pursuant to the terms of this agreement. A. The City's authorized representative for the purposes of administration of this agreement is Thomas Eggum, Director of Public Works, City of St. Paul, 100� City Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, phone 651-266-6099, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell. Project Development Engineer, State Aid Division, Mail Stop 500, St Paul, MN 55155, phone 651-282-6479, or her successor. N. ASSIGNMENT. Neither the City nor MnJDOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, and will remain in effect for five (5) yeazs from the effective date or until ali obiigations set forth in this agreement have been satisfactorily fulfilled, whichever occurs fust. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. CANCELLATION. A. This Agreement may be canceled by the City or MnlDOT at any time, with or without cause, upon ninery (90) days written notice to the other party. Such termination will not remove any unfuifilled financial obligations of the City as set forth in this Agreement. B. In the event the State does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a sufficient level to allow for the processing of the Federal aid rennbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the Federal aid reimbursement requests. (MnIDOT Aareement No. ��' '�) Page 3 oo-sb� IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CTTY of ST. PAiJL � ACKNOWLEDGMENT This instrument was acknowledged before me this day of Title and Title of (Name of Agency) and did execute this instrument on behalf of the agency intending to be bound thereby. NOTARY PUBLIC My Commission Expires: IvIINNESOTA DEPARTMENT OF TRANSPORTATION � Title: Director, Division of State Aid Approved as to Form and Execution: I� 20 DEPARTMENT OF ADMINISTRATION Title: (Mn/DOT Agreement No. 2��.�J=�) Page 4 OR�GINAL CITY presented By Eteferred To Committee: Date � �—�� \ �� `-k � /D 1 WHEREAS, the City of Saint Paul desires to enter into an agreement with the Minnesota Department 2 of'IYansportation for construction of the Kellogg Boulevazd Streetscape Project, so therefore 4 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation 5 be appointed as Agent of the City of Saint Paul to accept as its agent, federal aid funds which may 6 be made available for eligible transportation related projects. 7 - 8 BE IT FURTHER RESOLVED, Thomas J. Eggum, Director of Publie Works is hereby authorized and directed for 9 and on behalf of the City of Saint Paul to execute and enter into an agreement with the Commissioner 10 of 1�ansportation prescribing the terms and conditions of said federal aid participation as set forth . 11 and contained in "Minnesota Department of 1`ransport.ation Agency Agreement I3o. 79394, a 12 copy of which said agreement was before the City Council and which is made a part hereof by 13 reference. Requested by Department of: Bznanav B ea�� Bastrom Colemaze xarris y Rnitcr S � � Adopted by Council: Date �+�--� \� � 3��0 Adoption Certified by Council Secretary B �1 \�_ a . {--� � �_ _ Ppproved by PIa or: DaGe �� By: s��LW` Council File RESOLUTION Green Sheet If)pT PAUL, MINNESOTA Public Works By !/li Form Approved by City Attorney By: Z[�� ' � 1(°d� s' 36. 6 p Apnroved by Mayor for Submission to Counci' g ; _�`y�� G�'L� ✓ Public Works Ed Warn 2666142 MUST BE ON CpUNCILACaENDA BY (DA'!� TOTAL # OF SIGNATURE PAGES )ATEINITIATED I GREEN SHEET S/25/2000 ass�cn ❑4 CIT'ATTORNEV NUMBERFOR FOIfTING ❑ FlNMICIALSEftVICESOIR. oeananneivr oiaeeroa � MAYOR(ORASSISTANT� ❑ ❑ FlNANCIALSERV/ACCTG ❑ � � �� EO Warn � r C�i ❑ ickRU ert� ��V'� (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION RE�UESTED Approve resoluUOn allowing proper city officials [o sign aa eement between MnDOT and City of Saint Paul concerning the Kellogg Blvd. Streetscape Project. F2ECOMMENDATIONSApprove lA)orqejed (R) PLANNING COMMISS�ON CIB COMMITTEE qVIL SERVICE COMMISSION CONTSiACTS MUST ANSWER THE FOLLOWlNG QUESTIONS: 7. Has this persoNfirtn everworked under a contrect forthis depariment? YES NO 2. Has this personRirtn ever been a ciry employee? YES NO 3. Does this person/firtn possess a skill not nortnaly possessetl by any current ciry employee? YES NO 4. Is this vendoR INITIATING PROBLEM, ISSUE.OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY): '"' '" Pub]ic Works staff have successfully met all State and Federal requirements enabling the City to double [he amoun[ of federal funds for the project ftom $70Q000 to $1,400,000. The federal funds may no[ be available until after October 1, 2000 and [he CiTy desires the contrac[ to be substantially compiete before that date. ADVANTAGESIFAPPROVEU: Signing the agreemen[ allows construction to proceed as soon as possible and to be completed by the opening of the new NHL arena. �- � /hvrr� 1��t— � (G9�1� WO,�G �2p✓lil �O, t?�1 G c� ��- �'rv61n/��2i �/6-� DISADVANTAGESIFAPPROVED: The City may incur some short term borrowing costs in order to make contract payments during the summer of 2000. The short term borrowing po[ential depends on several factors including the amoun[ and timing of contractor invoices and the [iming of [he availability of Federal dollars, and ranges from $0 to $1.4 mil for 3 ro 6 months. DISADVAMAGES IF NOT APPROVED� The project will not be completed diuing the summer of 2000. fOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGE7ED ((;�gC F n NFy y� yG� FUNDING SOURCE ACTIV NUMBER COO �-�.�.� �� , u ri�unurieiiuFnoenel�nuievo�e�u� '� �� MAY 2 6 200!� � ` ; '#tt; � -�S No , 102943 CT'COUNCIL `�-P.5•3o.�] ��K CITY ATTORNEY � oo-5�S �� ` Minnesota Department of Transportation State Aid for Locat Transportation [Na(f Stop 5�0, 4th Floor 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office Tel.: 651 296-3011 Fax: 651 282-2727 May 17, 2000 Thomas Eggum St. Paul City Engineer 1000 City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 SUBJECT: SP 164-158-019, TEAX 6201 (112) Kellogg Boulevard Reconstruction and 5treetscape Agency Agreement No. 80354 Dear Mr. Eggum: Attached aze five copies of the agency agreement between the City of St. Paui and Mn/DOT, which allows City of St. Paul to advance construct with the above referenced project. Please review and if approved, have all five copies signed. A Council resolution similaz to the example attached, must be passed. The certified resolution should then be placed as the last page in each of the five copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/titie) on the signature page. Please retum all five copies of the agreement to me for Mn/DOT signatures. A fully executed copy wil] be retumed to you. If you have any questions or need any revisions, please feel free to contact me at 651.282.6479. Development Engineer cc: Robert Brown—Metro Division File oo-�bS SAMPLE RESOLUTION FOR AGENCY AGREEMENT BE TT RESOLVED, that pursuant to Minnesota Stat. Sec. 16136, the Commissioner of Tzansportauon be appointed as Agent of the C.1c��: Cou,:rp of to accept as its agent, federal aid funds which may be made available for eligibie transportation related projects. BE TI' FURTHER RESOLVED, the " (,�1u;ersl ita�ri��rraccrzf and the * tC'te,?,�(.�rr�€tf�l�t are hereby authorized and directed for and on behalf of the Cit��r"Ca��:tv 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 "Minnesota Department of Transportation Agency Agreement No. �xx�x", a copy of which said agreement was before the Ci�t� �c��sncilrCe.intv° E3�urc1 and which is made a part hereof by reference. *Titles of persons authorized to sign on behalf of the Ci� tlC'<;rrr�t;.* SAMPLE CERTIFICATION STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the CiittE"�r�u�;t� of at a duly authorized meeting thereof held on the day of , 19_, as shown by the minutes of said meeting in my possession. £;1er� A�cl €4t�o' Notary Public My Commission expires (SEAL) cx�-5b S Mn/DOT Agreement No. 80354 STATE OF MII�INESOTA AGENCY AGREEMENT �� BETWEEN � DEPARTMENT OF TRAI3SPORTATION AND / CTI'Y OF ST. PAUL FOR FEDERAL PARTICIPATTON IN ADVANCE CONSTRUCTION FOR S.P. 164-158-019; M.P. TEAX 6201(112) This agreement made and entered into by and between the Ciry of St. Paul, hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota, hereinafter refened to as "Mn/DOT", Whereas, Agency Agreement No. 79394 has been executed between the City and MnlDOT, which appoints Mn/DOT as agent for the City with respect to the receipt of transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the City; and Whereas, the City is proposing a federal aid project to reconstruct a portion of Kellogg Boulevard with pedestrian and streetscape enhancements on existing right of way and mill and overlay six bridges, hereinafter referred to as the "Project"; and Whereas, the Project has been deternuned to be eligible for the expenditure of federal aid funds and is programmed in the approved STIP for the fiscal year 2001; and Whereas, the Project is identifaed in Mn/DOT records as State Project 164-158-019, and in Federai Highway Administration records as Minnesota Project TEAX 6201(112); and Whereas, the City desires to proceed with the construction of the project in advance of the year it is programmed for the federal funds; and Whereas, it is permissible under Federal Highway Administration procedures to perform advance construction of eligible projects with non-federai funds, with the intent to request federai funding for the federally eligibie costs in a subsequent federal fiscal yeaz, if sufficient funding and obligation authority aze available; and Whereas, the City desires to temporarily provide City State Aid andlor other local funds in lieu of the federal funds so that the project may proceed. (Mn/DOTAgeementNo. c�v�.�J'-�) Pa�e 1 6C�—S1oS NOW, THEREFORE, TT IS MUTUALLY AGREED AS FOLLOWS: I. DUTIES OF THE CITY. A. T'he City will let a contract and construct the Project 1n accordance with Agency Aa eement No. 79344. Payment provisions for federally eligibie costs will be as stated herein. B. It is estimated that the total cost of the Project is $ 2,550,000 and that the anticipated federal funding wili be capped at $ 1,400,000. The remaining shaze will be paid by the Ciry. C. Request for reimbwsement of the federal aid shaze of the federally eligible costs wiil be made after October 1, 2000, or earlier if funding and obligation authority are available (subject to the Area Transportation Partnership (ATP) policy). D. If the project is converted to federal funding before completion and final acceptance, requests for reimbursement will occw as partial estimates in accordance with Agency Agreement No. 79394. E. The City will be responsible for any part of the cost or expense of the Project that the Federal Highway Administration does not pay. II. DUTIES OF Mn/DOT. A. Mn/DOT will request FHWA authorization of the Project, and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal funding of eligible costs, between October 1, 2000 and January 31, 2001, or earlier if funding and obligation authority aze available. C. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn(DOT will reimburse to the City the federal aid share of the federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwazded to the City. (Mn/DOT Agreemen[ No. �� S�) Page 2 C�—S1oS III. AUTHORIZED REPRESENTATIVES. Each authorized representative is responsible for insuring that ail payments due to the other party are paid pursuant to the terms of this agreement. A. The City's authorized representative for the purposes of administration of this agreement is Thomas Eggum, Director of Public Works, City of St. Paul, 100� City Hall Annex, 25 West Fourth Street, St. Paul, MN 55102, phone 651-266-6099, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell. Project Development Engineer, State Aid Division, Mail Stop 500, St Paul, MN 55155, phone 651-282-6479, or her successor. N. ASSIGNMENT. Neither the City nor MnJDOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, and will remain in effect for five (5) yeazs from the effective date or until ali obiigations set forth in this agreement have been satisfactorily fulfilled, whichever occurs fust. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. VII. CANCELLATION. A. This Agreement may be canceled by the City or MnlDOT at any time, with or without cause, upon ninery (90) days written notice to the other party. Such termination will not remove any unfuifilled financial obligations of the City as set forth in this Agreement. B. In the event the State does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a sufficient level to allow for the processing of the Federal aid rennbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the Federal aid reimbursement requests. (MnIDOT Aareement No. ��' '�) Page 3 oo-sb� IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CTTY of ST. PAiJL � ACKNOWLEDGMENT This instrument was acknowledged before me this day of Title and Title of (Name of Agency) and did execute this instrument on behalf of the agency intending to be bound thereby. NOTARY PUBLIC My Commission Expires: IvIINNESOTA DEPARTMENT OF TRANSPORTATION � Title: Director, Division of State Aid Approved as to Form and Execution: I� 20 DEPARTMENT OF ADMINISTRATION Title: (Mn/DOT Agreement No. 2��.�J=�) Page 4