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273922 . _ _ _ _ WHITE - CITV CLERK �� PINK - FINANCE GITY OF SAINT PAITL Council CANARV - DEPARTMENT BLUE - MAVOR File N . C il Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Minn. Stat. Sec. 161 .142 (1978) pertaining to the Great River Road provides that the Commissioner of the Minnesota Department of Transportation may act as agent for any political subdivision of the State in accepting federal aid in their behalf; and WHEREAS, The City of Saint Paul proposes to implement the development of a Great River Road Amenity project known as the Crosby Farm Addition to the Crosby Farm Regional Park, which is approved by the Metropolitan Council ; and WHEREAS, Said project is identified in the records of the Minnesota Department of Transportation as S.P. 164-080-01 and in the records of the Federal Highway Administration as Minnesota Project GR 5018 (8); and WHEREAS, The City of Saint Paul desires to obtain Federal aid participation in the necessary right of way/land acquisition costs in connection with said project; NOW, THEREFORE, Be it Resolved by the City Council of the City of Saint Paul : THAT, pursuant to Minn. Stat. Sec. 161 .142 (1978) , Commissioner of Transportation be appointed as Agent of the City of St. Paul to accept as its agent, Federal aid funds which may be available for eligible right of way/land acquisition costs for S.P. 164-080-01 ; and THAT, 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 setforth and contained in an agreement captioned "MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF ST. PAUL FOR FEDERAL PARTICIPATION IN RIGHT OF WAY/LAND ACQUISITION ON S.P. 164-080-01 , GR 5018 (8) a copy of which said agreement was before the Council and which is made a part hereof by reference. COU[VC[LMEN Requested by Department of: Yeas Nays �K McMahon 7 [n Favor Comm ni S rvices Hozza Hunt Levine _ � __ Against BY Maddox Show es�o � OCT 2 3 1979 Form Approve City Attorney Ado ed by Counci • Date �� Certified . •ed by ounc� S retary BY ' � i' A r e by ;Vlavor. ate �l.l `� � �9�9 Approv d b Mayor for Submissio Council . g _ By �f✓�U' �tts�rE� N OV 3 197Q O �`N�r4 Minnesota � Q Department of Transportation � � District 9 c�t ��. �,� �,j, � 3485 Hadlc�y Avenue North, Box 205(?°��'�-�"�"�'�-` °F�°� North St. Paul, Minnesota 55109 September 10, 1979 / (st2) 770•2311 ID ----------___.,-- :__,_ Mr. Richard W 1er //�t�l � NJG55 St. PauZ De rtment of Pub1i Works �� url Room 234 ty Ha11 �JU S�, St. Pa , Minnesota 55102 In ep3y refer to: 319 S.P. 164-080-01 Minn. Proj. GR 5018(8) Crosby Farm Addition Right of Way/Land Acquisition Agency Agreement Citg of St. Pau1 Dear Mr. Wheeler: Enclosed, for your consideration and approval by appropriate officia3s, are two copies of a proposed agreement which provides for reimbursement of your costs associated with right of way acquisition for the above referenced project. KindZy execute �nd return both copies of the agreement to me at your earliest possible convenience. When fully execnted and approved one copy of the agreement and authorization to proceed wi11 be given to you. In addition, please also furnish the information requested by Mr. Gordon M. Fag in his Ietter to you as referenced above and dated Ju1y 12, 1979. If I can furnish you with an� assistance, or if you do not intend to pursue this project, please advise me accord3ngly. � Sincerely, %, I t : � \\�'-� /��' � -. _ _ .-.�--i'�-L". -l.- � /;_-. _ C/ ,.. E1mer Morris, r. District State Aid Engineer EncZosures: 0 �Q 13 19�9 S An Equal Opportunity Employer �O . �' � �� MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT WITH THE CITY OF ST. PAUL FOR FEDERAL PARTICIPATION IN RIGHT OF WAY/LAND ACQUISITION ON S.P. 164-080-01, GR 5018(8) 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 Aiinnesota, hereinafter referred to the "Commissioner", WITNESSETH: WHEREAS, Minn. Stat. Sec. 161.142 (1978) 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 development of a Great River Road Amenity project known as the Crosby Farm addition to the Crosby Farm Regional Park; and WHEREAS, Said project is identified in the records of the Department of Transportaion.as S.P. 164-080-01 and in the records of the Federal Highway Administration as Minnesota Project GR 5018(8); and WHEREAS, The City desires to obtain federal aid participation in the necessary right of way/land acquisition costs in connection with said proj ect. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: - 1 - That pursuant to Minn. Stat. Sec. 161.142 (1978), the City does hereby appoint the Commissioner its agent to accept and receive all federal funds made available for right of way/land acquisition cost on S.P. 164-080- O1. Page No. 1 r� , � /� � . . � � i� C i��.�.w.��; - 2 - ELIGIBILITY AND PROGRAM�4ING. The reasonable cost and expense of field and office work necessary for the required preliminary right of way/land acquisition activities such as appraisals, title search, parcel description and mapping and other related items as well as the actual parcel acquisitions, relocations and building demolitions shall be eiigible for federal aid participation. A credit will be required for any buil.ding sales or rental income. All acquisition activities and procedures sha11 be in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 & any amendments thereof and applicable requirements of Federal Highway Program Manual Volume 7 as set forth in the "Guidelines for Lands and Right of Way Acquisition and Relocation Assistance on the Great River Road as a Project Receiving Federal-Aid I�'unds". Said guidelines have been furnished to the City and are made a part hereof by reference. Programming for and authorization of federal participation in right of way/land acquisition sha11 be done in a two step sequence. The first step programming and authorization will be for preliminary acqusition activities. The second step progrananing and authorization will be for parcel acquisitions, relocations and demolitions. Said second step programming and authorization shall be accomplished prior to making formal offers to property owners. Ma�or changes in the scope, character or estimated total cost of the work from the initial prograimning authorizations must have prior concurrence from the Commissioner. Any portion of the above work which has been performed prior to specific authorization from the Office of State Aid will not be eligible for federal aid participation. The City wi].1 assign supervisory responsibility for all work to be performed under the terms of this agreement to the City Engineer. - 3 - LIAISON, AUDIT, EVALUATION AND MONITORING. The Commissioner shall make the Page No. 2 . . �F�s�� e � �:�w;e necessary requests along with any required supporting data to the Federal Highway Administrat�on for authorization of federal participation in acqui- sition costs and reimbursements therefor under the terms of this agreement. To insure compliance by the City 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. - 4 - PAYMENT. It is anticipated that 76. 73% of the eligible cost of said right of way and/or land acquisition costs is to be paid from funds made available by the Federal Highway Administration by way of federal aid and that the remaining 23.27% is to be borne by the City. Eligible costs for federal aid participation shall be based on actual documented costs. If, for any reason, the Federal Highway Administration fails to pay any part of the cost or expense of said project, then and in that event, the City agrees to pay the same. The City further agrees to pay any and all lawful claims arising out of or incidental to the performance of the work under any contract let for said project 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. Eligible cost and expense shall consist of the follota'ing: (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 ho].iday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability Page No. 3 ' insurance, lost time charges and similar costs incidental to labor employment wi11 be reimbursed when supported by adequate records. (b) The applicable equipment rental charges for City owned equip- ment 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 sub�ect to the provisions of paragraph 8 SUBLETTING. (d) Expenditures for materials, supplies, mechanical data proc- essing and equipment rental limited to the actual expenditures for the purposes of this agreement. (e) Expenditures for parcel acquisitions, relocation and demoli- t ion. Expenditures for maintenance, general administration, supervision and other overhead of the City shall not be eligible for federal participation. Individuals performing appraisals must be qualified appraisers. If appraisers are hired by the City the proposed employment agreement must have concurrence of the Commissioner. 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, the City shall submit to the Commissioner invoices, in quintuplicate, for services rendered and for reimbursable expenses incurred during that month. These invoices shall be submitted within twenty (20) days following the end of the month Page No. 4 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. (e) Detail for materials, supplies and other items shall be provided so the description, units and unit prices are included in the invoice. If material or supplies are purchased from an outside source, a copy of that invoice should be included. (f) Detail for right of way/land acquisition expenditures which shall include a right of way map or plan showing the right of way or land authorized and actually acquired including parcel identification numbers, area acquired, property lines of the area acquired, and any other pertinent data affecting the cost of right of way or land such as structures, improvements and fences as well as a statement of cost showing: 1. Parcel number; 2. Cost of parcel; 3. Cost of excess land, if any, acquired from same ownership; 4. Credits by parcel or project; 5. Incidental expenses by parcel or pro�ect; Page No. 5 6. Cost of construction performed in mitigation of damages on a parcel basis, if claimed as a right of way item. (g) The invoices shall include 100% of eligible charges applicable to the project so that the prorata share of federal and partic- ipation can be applied to the total costs. No payment shall be due until the account has been audited and ap- proved 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. - 5 - INSPECTION OF WORK AND DOCUMENTS. 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. - 6 - RECORDS. The City shall maintain an accurate costkeeping system as to all costs incurred in connection with the subject of this agreement and shall 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 author3.zed representatives and shall permit extracts , and copies thereof to be made. Page No. 6 � , . - 7 - COMPLIANCE WITH LAWS. The City shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. - 8 - 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 and the Federal Highway Administration. This written consent shall in no way relieve the City from its primary responsibility for performance of the work. - 9 - EMPLOYEES. The City shall not engage, on a full or part-time or other basis during 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 Commissioner. - 10 - 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 employees 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 respon- sibility of the State. Page No. 7 - 11 - LIMITATIONS OF LAW. All provisions of this agreement shall be subject to limitations provided in th� State of Minnesota and Federal Laws. - 12 - NONDISCRIMINATION REGULATIONS. During the performance of this agreement the City, for itself, its assignees and successors in interest agrees as follows: (a) Compliance with Regulations: The City will comply with the Regulations of the Department of Transportation found in 49 CFR Part 21 relative to nondiscrimation in federally-assisted programs of the Department of Transportation which regulations are herein incorporated by reference and made a part of this agreement. (b) Nondiscrimation: The City, with regard to the work and/or services performed by it hereunder, will not discriminate on the grounds of race, sex, color, religion, national origin, handicap or age in the sel.ection and retention of any other party, not a party to the agreement, including procurements of materials and leases or equipment. The .City will not partici- pate either directly or indirectly in the discrimi.nation prohibited by 49 CFR Section 21.5 of the regulations, including employment practices when the contract covers a program setforth in Appendix C of the Regulations. (c) Solicitations for Assigning, Subletting or Transferring Work and Services to Another Party, Including Procurements of Mate- rials and Equipment: In all solicitations either by compet- itive bidding or negotiation made by the City for the purpose of assigning, subletting or transferring any of the work and/or Page No. 8 � , . services to be performed hereunder to another party, not a party of this agreement, and in all solicitations made in the aforesaid manner for the purpose of the procurement of mate- rials and/or equipment, each potential subcontractor or sup- plier shall be notified by the City of the City's obligations under this agreement and the regulations relative to nondiscrimation on the grounds of race, color, sex, religion, national origin, handicap or age. (d) Information and Reports: The City will provide all information and reports required by the regulations, or orders and instruc- - tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Commissioner of the Federal Highway Administration to be pertinent to ascertain compliance witih such regulations, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify this fact or facts to the Commissioner or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain this infox'mation. (e) Sanctions for Noncompliance: In the event of the City's non- compliance with the nondiscrimation provisions of this agreement, the Co�nissioner shall impose such agre.ement sanctions as he or the Federal Highway Administration may determine to be appropriate, including but not limited to 1) withholding of payments to the City under this agreement until the City complies, and/or 2) cancellation, termination or suspension of the agreement, in wfiole or in part. Page No. 9 J • (f) Incorporation of Provisions: The City will include the pro- visions of paragraphs (a) through (f) in every agreement or c�ontract entered into with another party, not a party to this agreement, for work and/or services to be performed hereunder, including procurements of the materials and leases of equipment, unless exempt by the regulations, order or instructions issued pursuant thereto. The City will take such actions with respect to any said agreement; contract or procurement as the Commissioner or the Federal Highway Admi.nistration may direct as a means of enforcing such prov3.sions including sanctions for noncompliance. - 13 - IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL 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 requirements 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. 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 f rom this agreement is under consideration to be listed on the EPA List of Violating Facilities. Page No. 10 - 14 - CONSTRUCTION OF PROJECT. Letting of the project and payment for the project construction shall be under the annual agency agreement entered into by the City and the Commissioner and in force at the time of the opening of bids for the proj ect. - 15 - APPROVAL. Before this agreement 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 may provide in addition to the Commissioner of Transportation. - 16 - ACCEPTANCE. That the Commissioner accepts this said appointment as Agent of the City and agrees to act in accordance herewith. Date CITY OF ST. PAUL Approved as to form and execution bq MAYOR AtCest: Date Spec. Asst. Attorney General CLERK Date Director, Office of State Aid Date Commissioner of Transportation (SEAL) Page No. 11 � . � . . RESOLUTION BE IT RESOLVED, that pursuant to Minn. Stat. Sec. 161.142 (1978), Commissioner of Transportation be appointed as Agent of the City of St. Paul to accept as its agent, federal aid funds which may be available for eligible right of way/land acquisition costs for S.P. 164-080-01. Resolved, the Mayor and the 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 f ederal aid participation as setforth and contained in an agreement captioned "MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREII�iENT WITA THE CITY OF ST. PAUL FOR FEDERAL PARTICIPATION IN RIGHT OF WAY/LAND ACQUISITION ON S.P. 164-080-01, GR 5018(8) a copy of which said agreement was before the Council and which is made a part hereof by reference. (SEAL AND CERTIFICATION) Page No. 12 ..: .. �}} � � , o� oi: Z2/�975 : ; R�v. : 9/s/?b` ' � � ! E�PLAN TIC�N OF ADM�ISTRATIVE 4RDF�S, , . - � _ � � � . ; _ < . , � : � . _ • . IG�i��".�� - � Dat�: Octlober 1, 1979 � � � -�t � � �. r '� ED t ; . � ' OC i 1 2� 4979 : ; �. � �� IIr4YOMS A� �� Tp; -1�,YDR GE±�RCE LATIMER ` �g:, TEt�inas J, Kelley, Direc'tor`of Gommunity Services g�; Cou�cil Resolution accepting Minnesota Departrnent of Transpartatfon ' � , as �ity's Ager�t in tMe md�ter of secur�ng federal funds for Great Ri�ver : 4R+�ad project S.P. 164-080-01', Crosby Farm Addition, Crosby Farm Regional Rark. � ..�:,�_��' ' approval of re�olution for s�bmission to Ci�y Cauncil . �� ' . . � . . � . . . . . . . ` - . . . . . . . _.. . . . . ' , . . - . . .. . . . . . _'. P�3RPQ$E A�D RATIONAL� FOR �IS ACTIt3N: �' ' ' �..:��'i�i��rw+.�i ir�rr�.i.�..�.r�...a�..r.. � 1,i1.rr�..Ir..r�� . �� . . � � � .. ' � . ;'yj� .. � . . . . �. �.. . .. . This--is necessary to in��iat� the processwhereby,the -City, thro�gh the � � Minnesota Qepartment af"�ransportation, can accept �reat River R�ad grant � � � funds far acquisition of property for � Cro�by FarYn Addfit��n, which is � � located at Shepard Road and Randolph Ave. (Adjvins N�P Island Station) < ,A C'�EN�S• . . , _,��-..�.r.._��._.• . ' Council Resolu�ion - � : � Copy of Agreement - for reference . a , _ ,� _ _. . � , f.: