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274982 riHITE - CITV CLERK . - PINK - FINANCE C I TY OF SA I NT PAU L Council CANARV - DEPARTMENT File NO. ��4��� BLUE - MAVOR - uncil Resolution Presented By a Referred To Committee: Date Out of Committee By Date RESOLVED, tht�t pursuant to M�nnesota Statutes, Section 161, 142 the Commisstoner of Transportation be appointed as Agent of the City of St. Pa�ul to accept as its agent, federal aid funds rvF�ich may be made available for participation in eligible constructiort ' engineering costs for S.P. 164-080-02, be tt further RESOLVED, that the proper city officials are hereby authorized �d directed, for and on behalf of the City Council , to execute and enter into an ag roement with the Commissio�u r of Transporta- tion prescribing the terms and conditions of said federal aid parttcipation as setforth and contatned in an agreement caption- ed, "Minnesota Department of Transportation Agency Agreement with the City of St. Paul , for Federal PartTctpatio� in Constructton Engineering on S,P. 164-080-02, GR 5018 (7X," a copy of which said agree�nt attact�d hereto and incorporated herein by refer- ea ce. COUNCILMEN Yeas Nays Requested by Department of: �i/�c/�la�o N Publ ic Works Hozza In Favor Hunt Levine � Against BY Maddox a ar , rector Showalter c� 2 �gao ` TJE/RAH/d� Tedesco �� 1�+ Form Approved b ity t rney Adopte ounc 1: Date C ified Pas- by Council�Secretary BY `pp�2-7 19�A0 ` Appr y iNavor: Da Ap o ed by Mayor for,S i to Council By — BY �� MaY 31 �seo _ , r 2 � I.LIG7:BTLT'fY. 'The reasonable cost and expense of the field and of.fice work necessary for the pr.oper supervision, inspection, materia]_s testin.�, sfiaking and documcntation of_ prajcr.t activi.ties after Lhe contract letting in accorclai�ce with applicable f.ederal Iaws and regulat_ions shall te eligible for ieder.al aid participation. Said supervision, inspection, materia]_s testing, staking and documentation shall be done in accordance with the contract specifications ancl reco�nized and accepted practices and procedures as those set L-or!:h in the various Minnesota Department of Transportation rianuals in order to be eligible for federal aid. Any portion of the above �•�ork which has been Performed prior to specific �aritten authorization from the Office of State Aid, will not �e eligible for federal aid participation. The City will assign supervisory responsibil_ity f_or all �aork to be performed under the terms of this agreement to the City Engineer. _ 3 - . LIAISO�I, AUDIT, E��AiaUATION AND Ti0NIT0�2ING. The Commissioner shall . make tice necessary requests to the Federal High�aay Administration for autho,-i- zation of federal participation in construction engineering and reimbursements therefor under the terms of this agreement. To insure compliance b}* the City c,�ith a.11 applicable federal regulations and la�os, the Commissioner, or nis representative, shall liave the right to audit., evaluate and monitor, as deemed necessar.y, the worlt to be performe.d under this agreement. - 4 - �'AYPiF?,NT. It is anticipated that 76.73% of the eligible cost of said consCrtiction e�t�;ineeri.ng is Co be paid f.rom fuiids made available by tlie Federal l�i�ti�vay Administration by way of icderal ai,d and that the rentaini.ng �3.27% is to be bor.ne by the Cit�y. �li�i.lJ1e costs of construct:ion en�ineeriri� Yage No. 2 ��� - 2 - � I.I.,IGII3ILI'1'�.'. The reasonable cost and exl��nse of the field and nffice � worlc necessary fur the pr.oper supeT'V1_SlOIl� in>pection, mat:er.ials testing, stalcing and c3ocumentation of project activities after the contract letting in accor_dance ioith applicabJe federa] laws and reg,ulations sha]_1 be eligible for fede��al aid participati_on. Said supervision, i.nspection, materials testing, staking and documentati.on shall b� done in accor�iance with the contract specifications and reco�nized and accepted practices and procedures as those set for':h in the varioUS �iinnesota Department of Transportatic�n �fanuals in order to be e]_i�ible f�r iederal a:id. Any portion of the above work which has been performed prior to specific �vritt.en autliorizatzon from the Office of State Aid, �aill not be el_igible for federal ai_d participation. The City will assign superviscry responsibility for all �.�ork to be performed under the terms of tY�is agreement to the City Engineer. . - 3 - LIAISO;I, AUDIT, I:�'ALUATION ANP T10:3ITORIidG. The Commissioner shall make the necessary requests to the Federal High�aay Administration for authori- zation of federal partici_pation in construction engineering and reimbursements therefor under the terms of this agreement. To insure campliance by the City with all applicable fede�-al regulations and la:��s, the Commissioner, or his repr.esentative, sltall tiave the right to audit, evaluate and monitor, as deemed ' necessary, the work to be perforr,ied t�nder this agr.eement. _ 4 _ PA�'rSF;?dT. It is ��.nticipated that 7C.73% of the eli�ible cost of said cons�ruction en�;ineeri.n� is to be paid from funds made avai_lable by the I'e.Ier.al Hi�;ln��ay Administrat:ion by ��ay of. federa7. aid and that the remaining 23.2"/% is to be borne hy t:he Cit}•. Eli�i.l;le co,L-s oL construcLion en�ineerin� ` 1'r i„e T�c�. 2 ��� . . � ' (d) 1.�.Penditures �or r,:a:erials, supplic�s, mechanical dat� processin� ai:�l equipment rental lir.�ited to the actt�-z1 expenditures for the purposes of tliis agreement. F.xpenditures for maintenance, g°neral administration, supervision and other overh�ad of the City shall not h� eligible for federal parti.cipation. Partia.l. pa}nnents ���ill be raade to the CitS� not more oiten than once each thirty (30) da}�s, and shall be for services perforrned during one (1) or more calen�iar months. At the �lose of each calendar month or other billing period the City sl�all sub��it to the Cor.�.-aissioner invoices in quintuplicate, for services re�iderecl and £or reimbursable �xpenses incurred during that peri.od. TY:es� i.r.voices shai.l be suUmitted F�ithin twenty (20) days follo��ing the cnd of the periad covered by �he accouat. As an alternate procedure, the , City may s�ibmit all such ir.vo�ces at the time it subr�zi.ts the £inal contract estimate. These invoices or supplements ther.eto, shall contain whatever details that may be necessary for a proper audzt. Such details shall consist of at least the follo��ind: (a) A brea�:cio��Tn of labor b�• individual, classification, dates and hours ���orked times the applicable rate to arrive at a total dollar ar�ount for each individual. (U) The labor additivc shall be applied to total labor dollars. (c) The equipme:�t charges shall be broken do�Jn by type of equipment times the applicable rate and dates used to ar.rive at total equi�mcnt char�es. (d) The breakdo��:ti ef outside services used shall be detailed and ' supportino invoices shall be subr.�itted along �ti�ith the bil.ling. P��*,c� i�o. �, • /.,�F�� � (e) Detai.l. for material�:, supplies ancl ot-her items shall be Provi.ded sa tize descri.prion, ui7iLs and unit prices are included in the :i.nvo:i.ce. If mate��ials or sup�l.ies are purchase3 from an outsidc: source, 4 copy of that invoice sliould be included. (f) The invo�.ces slial.l iriclude I00% of eligible charges �pplicabte �o the pr�ject so that the prorata share oi' federal and city parti.cipation can be applied to the total costs. No paymr>nt shall be due until the account has been audited and approved by duly avthorized r.epresentatives of tl�e Commissioner. The Commiss;_�:.er wil_l transmit i�ivoices submitted by th� City far services performed under th.e terms af this agreement to the Federal Highway Administration, Department cf Transportation fo� federal reimburse:nent. Upon receipt of f_ederal funds by tlie i;oirmiissioner for said services, the Commissioner wi11 mal:e };uymnnt to the City. _ 5 .._ � INSPECTI01v Oi? L•'ORK AND DOCi,�fENTS. The Commissioner shall, at a11 t�_mes duz-i.ng this agre�ment, ar.d for three (3) years from the date of final payment of federal funds to thc State with respect to the project, be accor.ded proper facili.ties fo.- inspectiori of ttie worlc hereuuder and shall at a7_1 tl.mes �Kave access to the premises, to ail Uoc,ks, records, correspondance, ii:struction, rc�ccipts, vo�tchers, inemoranda of every description pertaining to the work hereunde�-. The Federal. Higlnaay Administration shall have the same ri_ght of inspec.ta.on as accoided the Commissioner. herein. � - G - CI1'Y _I:l?COI:PS. The C�.L-y shal�. maint.ain an accur.at:e costkeeping s��st.ern to all cosl:s i.nc�uLred in c,�nnect:ion t<<itl► t.he s�ibject of this af;r�>emertt and sha].1 1'<]�;c NO. .`) � 1��'`-' prc�di�ce foi• examination boo.:s oi accou:�t, bi.11s, invoices and other voticl�ers, or certified copi.es thereo� if originals be lost, at such reasonable time and place as may Ue designated b}• the Fede_ral Ili�h�;•a}� �.d�linistratian, or by rlie Commissioner or his duZS� aut}jor.ized repr.esentatives and sllall per.mit extracts and copies thereof to be made. _ 7 ` CO2�iPLIP.?vCE j;ITH L��:�;5. The City shall c�r::ply with all Federal, State and local laws, to�ether with a11. ordi_nances and regulations appl_icable to the work. — 8 — SUBLETTI�G. The services of the City to be performed hereunder shall not be assigned, sublet or transr`rred unless �.-ritten authority to do so is granted by tlie Co��-nissioner. This wricten consent shall in no way relieve the City �rom i.ts primary :esnonsibilit�• ior perrorrr:ance o= the �oorlc. — 9 — STATE Ei•1PLOlEES. The City shall not e:i;age, on a full o: parttir�le or other basis during the period of this agreer:�e;lt, any pr.ofessional or techni— cal personnel who are or have been at any tirae uuring the period of this agreement in the er:�ploy of the State, ezcept rc��;u�arly retired employees, without written consent of the State. — 10 — CITY F,�iF'T.OYFES. An)- and a7.1 CC1�10}�ees of the C:i ty or other persans while en�;aged in tiie perforr.:ance of an�� ��:ork or services reyui.rE�d Uy the City under thi s a�reer.i`nt sl�all not be considE�red er.,plo�ees of the Statc�, and any and all claims that may or r.:i�;tit arise under t:l�e �'orker' s Con,l�ensation Act' % ,,,� Pt��;i� ��o. G ��r� � of. MinnesoLa on behalf of said employees or �th�r persons while so engaged, and any aild all clain�s made by ar�y tl�ird party as a consequence of any act or �missi.on on tlie part of the City employees or other employees or other persons while so engaged on any of the �•�ork or services to be rendered s1iall. in no way be the oUli_gation or responsibility of the State. - 11 - LIMITATIO;vS OP LATd. Al.l provisions of tt�is agreement shall be ' subject to limitations pravided in the Stat-e of Piinnesata and Federal La�as. _ 12 _ NONDISC�tI�iI\ATIO�I REGLL4TIONS. During the peiforr�ance of this agreement, the Board, itself, its assignees and suc�essors in interest agrees to compJ_y w�th Title VI of the Civil Rights Act of 1904, as a*.nended. Ac- cordingly, 49 Cade of I'ederal Re�;ulations (CFP,) 21 through Appendix H and 23 CFR 710.405 (b) are made a part hereof by retexence w:ith the same force and ef.fect as though fully set forth herein. ' - 13 - � IPfPLETiENTATIO�� OI' CT EA�; AIR ACT A:�D FEDEP.AL [•�ATER POLLUTTO\ CONTROL ACT: The City stipulat=es that any facility to be utilized in performance under or to benefit from this aore.ement is n.ot listed o�� the Environmental Protection l�genc}* (EPA) List- of Violating Faciliti.es is:�ued pursuant to the requirem�>nts of the Clean Air Act, as amende;I, ancl the rederal tJater Pollution Control Act, as amended. The City ftirther agrees Co comply with all of tlie requi.reme�its of section 114 of the Clear Air Act and sectioil 308 of tl�e rederal tdater Pollution Control Act, and all re�;ulations and guideli.nes issued thereuncler. � Pap,e :�o. 7 • ^ The City st-ipiilat.es that as a condit.ion of federal �iid pursuanL- to this agre�rnent it shall notify trc Commissioner of: the receipt of any adva.ce :tndicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be li.sted on the EPA List of Violating Faciliti.es. - 14 - CONSTFtTCTION Ol� PRUJECT. Letting of the project and payment for the project construction shall be under an agency agreement ei�tered into by tiie Cit}� and the Commissioner for that purpose and in force at the time of tlie opening of bids for the rroject. - 15 - APPRUi�'I�L: Before this agreement sllall become bindin; and efiective, i_L shall Ue approved by resolution of the City Counci]. and shall also receive the alproval of. such state officers as the la�a may provide in additi.on to the . Cammissioner of Transportation. - 16 - ACCrPTANCE: That the Commissioner accepts this said appointment as Agent of ttie City and agrees to act in accordance here�aith. P<tgc� No. £3 ��"' . . City of St, Paul r Approved as to form: ; _ r � Assistant City Attorney ayor date (SEAL) Director, Public Works Director, Finance and Management Services. Approved as to form and execution: Date-Spec. Asst. Attorney General RECOMMENDED,FOR APPROVAL: Date-Director, Office of State Aid Date-Commissioner of Transportation Page No. 9 �M o1 . 12/1975 Rev: 9/SI7� � rxF��_rti:�;n.�r:���� {�r� ,�.^i�1 Fd I STr^:!',�r i v�: c�;�E���, , ' .�?!��50�!!;'j i:Sf:Sa fiP;[3 �1(?�7 i t��;'�f�CCS � _ 2"�49�� Date: May 7th, 1980 R � C � � '✓ ED 1'0: M�AYOR GEQRGE LATlMER �AY �' � �a$O MAYOR'S OFFfCE FR: Thomas J. Eggum, Public Works Office Engineer RE: Irvine Park Street Restoration Si �:CTiUN ��EOUESTED: Thts agreement between the Ctty and Minnesota Department of ation would authorize the Conmissioner of Transportation to act as the C�ty's agent to obtatn feck ral aid participation in construction engineering costs for the City's frvine Park area street reconstructton p roject. - PURPOSF A!1D RATlGtdALE FOR TNlS F�CTlON: Total costs of constructien engineering are est mate to be 5 of the co�tract cost, for an estimated tota�l of $37,600.9�►. Federal Aid share to be obtained through the state is 76.73� �S27,723.17) and the city's share is 23.27$ ($9,877.77) . Public Works Project P-0745. ATTACNt•lEfv'TS; Resolution :�, djj i� . � � . . . � . .y . .. � ' .. , � '� .. . ..1 � e . .. . . . .. � . . .. . . . � . . . � v . .� .t � . . .. .�,� _ . _ . ..... ., .� .�.� ... . . . '.. �... .. �. . . ' . �.. . ' . . � : . . . . . . , . . , . . . . . I �. , . . . . . � . . ..� � � _. .. .. � .. • .. . � � _f�.— . . . . i_� . .. . . � � . .. ' , . . . . � . � _. ` ?