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273486 WHITE — C�7V CLERI( COUI�C11 ����r�e� PINK — FINANCE G I TY O F SA I NT PA LT L CANARV — DEPARTMENT r� BLUE — MAVOR File NO. �v ou ci Resolution Presented By � Referred To Committee: Date Out of Committee By Date BE IT RESOIVED, that pursuant to Minnesota Statutes Section 161 .1b2 (1978) , the Cortnnnissioner of Transportation be appointed as Agent of the City of Saint Paul to accept as its agent, federal aid funds which may be available for eligible right-of-way/land acquisition costs for S.P. 164-020-40, be tt further RESOLVED, that the proper city officials 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 Saint Pau1 FOR FEDERAL AID PARTICIPATION IN RIGHT OF WAY/LAND ACQUISITION ON S.P. 164-020-40" a copy of which said agreement was before the Council and which is made a part hereof by reference. COUNC[LMEN Yeas Nays Requested by Department of: _�,� Publ ic Works Hozza In Favor , Hunt ��` . B M.LeuiueX __ Against y poAaid E. Nygaard, Di or TJE/ Sho r � esco �U� � 1� �979 Form pprove by C ty ttorney Adop by Co cil: Date � C rtiEied � •sed by Co c� ecret�Sry By l' Appr ved by a Da �IIC 4 Q 1074 Approv y a or for Sub ' si to Co �� . By _ sy " ruet.tsx� AUG 2 51979 : OM O1: I7�/19:��5 • Rev. :- 9f8/76 _ . _� . E�CPLAI�TA�IQN (3F AflMSNIST,RATTVE 4RDERS, ���� - RE�Q�UT��.1l�S�AND ORDIt�IA�CES- � • ,.._,�, .., .. ..�.._..�.. .. : . , . � �� � 'Dater Juty 1.8, �979 ' TO: ; MAY�3R GEORGE LATIMER : ' � , _ , FR: Publ ic 1�lorks, Thanas J. E99� : RE: Msrner Road (Grest Rivec 'Road) right-of-Nay/land acqui`sition betw�eah''�'S[bley � Street and Chtlds Road. . , _ , . , : : \ : ` AC��O� REQUESTED: Autt�rize the C�nisstoner of 1'ranspo�tation xo sct as ;the " City�'s agent to obtain Federal Aid for' acquisition of land- far the City's ' ` Great River Rosd ProJect. . . L , � _ . . � , - , _ . PURPQSE ;�TD R2�,T�ONALE F4R THIS ACTIaN; Total costs of rigfit-of-+raylland acquisition 1s .estimsted to be $5,500,000.00. Ti�e Federai;:Aid sha�e' to be obtafned �hrough the State is 76.73$ ($4,220�150.�) and the City's share is . 23•27� �51,279,850.00). ' Publtc Works Pro)ect P-035882R. � ; ATTAC�M�ITS: ResolutTon. . CoPY of Agreanent. . _ , • Great River Road ProJect Funding Schedule, �stimaTed Projett Cost. , . . . . .. .� . . . - . � . . � .. . . . . . . .. . ' � ' . �' ,...::.�.':, 3:s>.�s.�a.,..�..�-.c__ . ' , � � . . . . . . . � . . ,�.. . � .;:. 't.;. ' v . . . .. ' . . .. _ . . . . � C f1 q V C 1 q � O Q W y � u N O w ~oA f'1 P� '1I . � � N � m 10 fnl u ~ N N W �1 � � � m � �A A • m �m'i O ry g m i r K� �M� 7 a � rt A � T� o ti H �A o n `}��m �''p a dn n X� a m a � n a z . � n n < s » vv nm ro m �roA n a oor .• e3r�a�� a p �1 �f �o � m n � m op •9 �+ a C m m �± �mt n p �y �O � � w h y �IY •`L �1 d 7 � V•W M . 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I , ..r � . . `• �'° _ � 73 `��� MINN�SOT�` DFPt�itT:tENT OF TRANSPORTATION AGENCY AGREE?tENT WITH THE CITY OF ST. PAUL ' FOR FEDERAL PARTICIPATION �N RIGHT OF �dAY/LAs`ID ACQUISITIOV ON S.P. 164-�20-40, GR 5018(6) 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 ,iinnesota, hereinafter referred to the "Commis- sioner", [,IITNESS�TH: � 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 construction of a Great River Road project on Warner Road between Sibley Street and Childs Road; and ��iEREAS, Said pro�ect is identified in the records of the Department _ of ZY ansportaion as S.P. 164-020-40 and in the records of the Federal Highway Administration as MinF�esota Project GR 5018(6) ; .and � WHEREAS, The City desires to obtain federal aid participation in the necessary right of way/land acquisition costs in connection with said project. 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 f.ederal funds made available for right of way/land acquisition cost on S.P. 164-020-�►0. Page t1o. 1 v ELIGIBILITY AND PROGRA.'L*�IING. 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 e�.igible for federal aid participation. A '- credit will be required for any building sales or rental income. All acquisition activities and procedures shall be in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970�and 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 ProjecC Receiv�.ng Federa].-Aid Funds". 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 shall be done in a two sCep sequence. The first step programming and authorization will be for preliminary acqusition activities. , The second step programming 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. Major changes in the scope, character or estimated total cost of the work fron the initial programming 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 will assign supervisory responsibility for all work to be performed under the terms of this agreement to the City Engineer. � — 3 — � ' LIAISON, AUDIT, EVALUATION ADID MONITORING. The Commissioner shall make the Page No. 2, +1��2� I6d d���%I�t 2 said real property fronting eighty-two and five-tenths �82•5) feet on McKnight Road, said permittee or their successors in interest shall be authorized to construct a single connection to the St. Paul public sewer system, as extended in McKnight Road, expressly subject to all other terms and conditions of this Resolution; d. That said permittee or their successors in interest shall pay, in addition to all other sums .required to be paid, a sewer service charge that may be legally levied against said real property by the City of St. Paul or by the City of Maplewood; e. That the permission and authority granted herein to make said sewer connection shall in no way be construed as permission and authority for said permittee or their suc- cessors in interest to make any future sewer connection(s) to either the St. Paul public sewer system as extended in McKnight Road or to said sewer connection referred to herein, without the expressed written permission of the City of St. Paul ; f. That the Department of Public Works of the City of St. Paul shall be given the right to enter upon said premises and in- spect said sewer connection at any time deemed necessary by said Department of Public Works; g. That said permittee shall obtain all the necessary permits from the City of Maplewood for said sewer connection, before construction may commence; h. That the City Council reserves the right to revoke this per- mit whenever the permittee o� their successors in interest is in default, or whenever, in said Council 's opinion the public interest will be served by such revocation; i . That such hereby authorized co nnection of said real property with said City's public sewer system shall be restricted to the drainage for disposal purposes of sanitary sewage materials originating on said real property and that said permittee or their successors in interest shall at no time permit storm water, rain water leaders, ground drainage water, cooling and condenser water from air-conditfoning units, or sanitary sewage materials from any other sewers or sewer connections to be di�ected into said sewer connection; � necessary requests along witti ar.y required supporting data to the Federal Highway Administration for authorization of federal participation in acqui— sition cost^ :�nd re�mbursements therefor under the terms of this agreement. ' To insure c - � iance by the City with all applicable federal regulations and laws, the Cu��:nissioner 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 �6•73q of the eligible cost of said right of way and/or land acquisition costs is to be paid from funds made ��a�-a'�lable by the Federal Highway Administration by caay of federal aid and that the remaining 23•27� is to be borne ,b� the City. Eligible costs for federal aid participation shall be based on actual documented costs. If, for any reason, the Federal Aighway Administration fails to pay any part of the cost or expense of said pro�ect, then and in that event, the City agrees to pay thc same. The City further agrees to pay any and all la�aful 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 goverTUaent 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 following: (a) The direct labor charges on each and all employees of the � City for tl�e time that said employees shall be engaged in the work to lie 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 holiday pay, vacation, sick le�ve, retirement, � pension, unemployment taxes, compensation and liability insurance, . Pa�e No. .3 __ _ lost time charges and similar costs incidental to labor employment will be reimbursed when supported by adequate records. (b) The applicable equipment rental charges for City� owned equipment 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 subject 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 purgoses of this agreement. . (e) Expenditures for parcel acquisitions, relocation and demoli- tion. Expenditures for maintenance, general administration, supervision and other overhead of the City shall not be eligible for federal participatfon. _ Individuals performing appraisals must be qualified appraisers. I� 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 pro- vided 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 ownersliip; 4. Credits by parcel or pro�ect; 5. Incidental expenses by parcel or project; Page No. S ' � . , � � ..--- __-- - - _._ __-- 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 thelproject 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 reimburser.ient. Upon receipt of federal funds by the Commissioner for said services, the Commissioner will make payment to th�e 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, memoraniia 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 authorized 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 transf.erred 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 agreemenC 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 nr other persons while so . engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the State. . Page No. 7 , - ii - , . LIMITATIONS OF LAW. All provisions of this agreement shall be subject to limitations provided in the 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 taith 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 selection and retention of any other � party, not a party to the agreement, including procurements of materials and leases or equipment. The City will not participate either directly or indirectly in the discrimination • � 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 Re�ulations. (c) Solicitations for Assigning, Subletting or Transferring Work and Services to Another Party,� Including Procurements of yiate- rials and Equipment: In all solicitations either by compet- itive bidding or negotiation made by the City for the purpo.se of assigning, subletting or transferring any of the� work and/or Page No. 8 work and/or 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 materials and/or equinment, eacl�potential subcontractor or supplier shall be notified by the City of the City's obliga- tions under this agreement and the regulations relative to - nondiscrimation on the grounds of �ace, 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 instructions 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 with . such regulations, orders and �instructions. ZJhere 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 information. (e) Sanctions for Noncompliance: In the event of the City's non- compliance with the nondiscrimation provisions of this agreement, the Commissioner shall impose such agreement 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 whole or in part. Page No. 9 _ _ . t (f) Incorporation of Provisions: The City will include t�e provisions , of paragraphs (a) through (f) in every agreement or contract 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 Administration may direct as a means of enforcing such provisions 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 sec.tion 114 of the Clean Air Act and section 308 of the Federal Water Pollution . Control Act arid 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 bene�it from this agreement is under consideration to• be listed on the EPA List of Violating Facilities. Page :�o. 10 .���N�TRUCTIOP� OF PROJECT. Letting of the project and payment for the project . � � ' ' � • construction shalt 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 project. _ - t5 _ APPROVAL. [iefore 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 - � ACCEPTAt�CE. 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 by Mayor by . Date Spec. Asst. Attorney General Director, Department of Finance and Management APPROVED TO FORP1: _ L,� G Date Director, Office of State Aid As ' � -City Atto;!�,ne t ,,` �1 �' � ` Director, Department of 1 c Work� . ' •L� Date . Commissioner of Transportation Page Plo.11