275578 WHITE — CITV CLERK COU�ICII � / ��` e�(1
PINK - — FINANCE GITY OF SAINT 1 AUL 1 V �
CANARV — DEPARTMENT
BLUE — MAVOR File NO.
RE�[7�tN COPY TO VALUATION CQ • ut��n
r
Presented By
Referred To Committee: Date
Out of Committee By Date
WfIlritFAS, the City of Saint Pau1 has requested certa3n assistance
in vaxiaus tasks associated with its land acquisition for the Great River
Road Pro3ect S.P. 16�+-020-1W, al.so id�ntified by Minnesota Pro�ect
GR-5o1.8(6) ; arxl
WI�RF'AS, Minnesota Depaxtment of Transportation is prepased to
um�.erta.ke certa3n of said tasks upon the timely request of the City of Saint
paul; ncjw, therefore, be it
RESOLV�, tha.t the proper City officials are hereby authorized to
execute on behalf of the City of Saint Paul, Agreement No. 60101 with the
Minnesota Depaxtment of Transportation.
COUNCILMEN Requested by Department of:
Yeas Nays �
tler Hunt Fi e & ent 8ervices
ozza [n Favor
Levine � �
vine Maddox __ Against By '��—_ Director
Ma dox McMahon
Sho alter Waiter �
� Form Approved by City Attorney
Adopted ouncil: Date
Ce ied Passe y Council Secretary� � BY `�
App by Ylavor: Dat p 4 198� Approved by Mayor for Submission to Council
` �
By - — By �
�u�u�EO S E P 1 3 1980
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t�N Ol: 12/1975
- : - � - � Rev.: 9/8/76
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EXPLANATION OF ADMINISTRATIVE ORDERS, . R�CF/�/
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� o�F�c �US2 p ' �
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�ly N���REC
s`' 2 ��yF N T
Date;` Avgust 6, �98o MAYOIt' r SFRVN F
s � �Fs
70: MAYOR GEORGE LATIMER ,
� �....
FR: J. Wm. Donovaa, Yal. & Assess. Eng3neer, De�rt�ent of Finance & l�aagement
Servicee
RE: Great River Road M3nn. Pro�ect GR-50].8 (6) .
(S.P. 16�+-020-40)
AC7ION REQ�EStED: . _
Apprave resolution whieh wi11 authorize the prcrp�r City ofPici.als to execute
an agreemeat betyreea the �Iinnesota Department of Tra�sportation ar�cl the City
which p�bvides the Stats to bi11 the City for servicts perfor��d by tt�e �tate
rel.ative to the above mentioa�ci pro�ect. .
PJRP�OSE AWD RATIONRLE FOR THIS ACTION:
Pro�ect authorized by Final Order No. 2'72378 aPPY'o� Janue�rY 17, �979•
�
AT'fACHMENTS:
l. Resolution -
2. Copy of A�e�eat
3. �P
��5�'���
AGREF,MENP N0. 60101
This Agreement made this day of , 19 �
by and between the MINNESOTA DEPARTMENr OF TRANSPORTATION, hereit�af`ter referred
to herein as "MnfDOT'� and the City of St. �.ul hereinafter referred to herein
a s the "SPONSOR".
WI'rNESSETH:
WHEREAS, the SPONSOR required certain assistance in various ta.sks
associated with its land acquisition for The Great River Road Pro�ect, S. P.
164-020-�+0, also identified by Minn. Pro3. GR 5018 (6), and
WHEREAS, Mn/�Dot is prepared to undertake certain of said tasks upon the
� timely request of the SPONSOR, and
NOW, THEREFORE, it is agreed by and between the parties to this agree-
ment tY�at:
1. The Mn�DOT will underta.ke to assist the SPONSOR in the implemen-
tation of its land acquisition program by performing such tasks related to
said program as the SPONSOR shall from time to time request through the office
of the Mayor or such persons as authorized by the Ma.yor. These services as
provided by MnfDOT shall not supersede the normal right of way operations for the
Mn�`DO►P.
2, Mn�`DpT sha.11 limit its responsibility to field title inform�.tion,
review of legal descriptions, appraisals and the review of appraisals, acqui-
sition by direct purcY�.se or eminent domain, if necessa.ry, and relocation
assistance. Environmental Imp�.ct Statement and hearings, public hearings, maps,
layouts, surveys, ownership title opinions and legal descriptinns shall be the
responsibility of the SPONSOR.
3. Should condemnation be necessary and upon request by the SPONSOR,
Mn�DOT, through the States Attorney General and pursua.nt to Minnesota. Statutes
(1978) Cha.pter 117, shall initiate, prosecute and carry to completion in the
name of the SPONSOR, proceedings in eminent domain - including if necessa.ry
appeals from Awards of Commissioners, and trial or settlement of the sa.me, for
the acquisition of parcels designated for acquisition by the SPONSOR.
Pa�e 1 of 4
� ������
�+. If so requested by the SPONSOR, the State, thru its Attorney
General, shall initiate, prosecute, and carry such proceedings to completion
with such assista.nce from the SPONSOR as shall from time to time be required
and requested by the Attorney General.
5. In consideration of said service, in accordance with the Agency
Agreement between the pa.rties dated , and in accordance with
this paragraph, the SPONSOR shall reimburse Mn�`DOT for all costs occasioned by
the duties undertaken by Mn/`DOT pursua.nt to the SPONSOR'S request. Reimburse-
ment shall be made upon the basis of actual cost to Mn�DOT, including all f�inge
benefits paid by Mn`DOT to its employees as indicated by emploryees time sheets.
Overhead shall be billed as a percentage of the combined direct labor charges,
fringe benefits and any materials, equipraent or persorlal expenses directly
cha.rgeable to performance of the tasks hereunder. Said percentage will be
subject to adjustment based on actual direct costs that have been verified by
audit but shall not exceed thirty percent.
6, Mn�DOT herewith accepts the obligation to perform in accordance
with the Uniform Relooation Assistance and Real Property Acquisition Policies
Act of 1970 such relocation and acquisition services as the SPONSOR shall
request.
7. MnfDOT shall develop, ma.intain and, upon campletion, turn over to
the SPON50R for retention a complete record of relocation services provided;
the SPONSOR shall retain a11 such records, and including the records of relocation
payments, for a period of three (3) years from the date of the final voucher on
the project, and shall make such records available to MnfDOT for inspection
during reasonable business hours and ava,ilable for audit at the co�npletion of the
project.
8. Mn�DOT is presently administering Federal HigYtway Funds, and is in a
stable financial position to provide the relocation and acquisition services
herein described and agreed to.
9. MnfDpT acknawledges as does the SPONSOR, that eligibility for federal
fl.znds exists for only those costs which are directly cY�.r�eable to the federally
assisted project.
10. It is understood by all parties to this agreement that as a condition
to receiving any Federal financial assista.nce from the MnfDOT it will comply with
Title VI of the Civil Rights Act of 1964, 78 Stat. 252.42 U.S.C. 2000d., 42 U.S.C.
2000d-4, and all requirements imposed by or pursu�ant to Title 49, Code of Federal
Pa.ge2of4
� . �����
Regulations, Mn/DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
of Federally-Assisted Programs of Mn/DOT - Effectuation of Title VI of the Civil
Rights Act of 1964 and other pertinent directives, to the end that in accordance
with the Act, Regulations, and other pertinent directives, no person in the United
States, shall, on the grounda of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise sub�ected to discrimination
under any program or activity for which the SPONSOR receives Federal financial
assistance from Mn/DOT, and hereby gives assurance that it will promptly take any
measures necessary to effectuate this agreement. This assurance is required by Title
• 6
49, Code of Federal regulations, Mn/DOT, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally assisted programs on Mn/DOT, subsection 21.7 (a) (1) .
11. It is agreed by all parties hereto that should the need arise for
major changes in the scope or character of the assistance Mn/DOT will provide to
the SPONSOR under this agreement, such ma�or changes shall be the subject of further
negotiation between the Mn/DOT and SPONSOR.
12, This agreement shall be sub�ect to cancellation and termination by
either party at any time by giving the other party as least 60 days notice in
writing.
13. Mn/DOT warrants that it has not employed or retained any company,
firm or person, other than a bona f ide employee working solely for Mn/DOT to provide
the necessary relocation assistance and distribution of relocation payments and
that it has not paid or agreed to pay any company, firm or person, other than a
bona fide employee working solely for Mn/DOT, any fee, commission, percentage,
gifts or any other consideration, contingent upon or reaulting from the award of
making of this agreement. For breach or violation of this warrant, the SPONSOR
shall have the right to annul this agreement without liability.
14. Upon the premature termination of this agreement by the SPONSOR, a11
working papers, plans, records, schedules, ete. , shall be forwarded to and become
the property of the SPONSOR.
15. Any and all work or questions not specifically delinated herein shall
be set forth and/or resolved by supplement to this agreement.
Page 3 of 4 �
� • 1 ' �����y�
16. Mn�DOT agrees not to assign work hereunder to any personnel having
present or contemplated ita,ture personal interest in any of the properties
included in this a�reement.
IN WITNESS WI�REOF, the pa.rties have set their hands as of the day and
year first above written.
APPROVED:
CITY OF SAINr PAUL MINNESOTA DEPARTMENr OF TR�INSPORTATION
Mayor Acting Director, Right of Way Operations
Director, Depa.rtment of Public Works Assistant Coqnmissioner, Technical Support
Date
Director, Department of Fina.nce and
Ma.r�.gement Services
Approved as to .form:
A ssistant City Attorney
MINNESOTA ATTORNEY GENEfiAL MINNESOTA DEPARTMENP OF ADMINISTRATION
Approved as to form:
Special Assistant Attorney General
Date
Approved as to execution:
Special Assistant Attorney General
Dated
This instrument was drafted by the
Sta.te of Minnesota, Depa.rtment of
Transportation, Reconveyance Unit
St. Paul, Minnesota 55155
P�.ge �+ of 4