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.
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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. '
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� 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.
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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.
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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.
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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
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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
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